Loading...
HomeMy WebLinkAbout1993 03 08 City Commission Regular Minutes , 92-93-12 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 8, 1993 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:30 p.m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor John V. Torcaso, present Acting City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, present Commissioners: Don Jonas, present John Langellotti, present Terri Donnelly, present Cindy Kaehler, absent For the invocation Commissioner Jonas asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Deputy Mayor JOhn V. Torcaso. Approval of minutes of Regular Meeting Feb. 22nd and Special Meeting of Feb. 15, 1993: There were no additions or corrections, the minutes stand approved as presented. Public Comment: Dick Denny, Pebble Beach Circle West, asked what is the plan for organ1z1ng the Board to oversee the Tuscawilla maintenance, and he asked the status of the Country Club Village taxing district for the street lighting. . General Agenda: Public Hearing and Second Readings: Ord. No. 541, vacating and abandoning utility easement behind Lots 1, 2, 3 and 4, Country Club Village Unit One, etc. Ord. No. 542, vacating and abandoning utility easement, east 7 ft. of Lots A, Band C and west 7 ft. of Lots D, E and F, Blk. 18, Replat of part of N. Orlando 1st & 2nd Addns., etc. Ord. No. 543, annexation of 45.7 acres south and east of Central Winds Park and south of CSX Railroad line behind City Hall, etc. Attorney Kruppenbacher read Ord. No. 541, Ord. No. 542 and Ord. No. 543 by title only on second reading. Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord. No. 541. No one spoke for or against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Torcaso to adopt Ord. No. 541. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord. No. 542. No one spoke for or against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jonas to adopt Ordinance No. 542. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. . . . . Regular Meeting, City Commission, March 8, 1993 Page 2 92-93-12 Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord. No. 543. Diane Kramer, representing Seminole County School Board, Sanford, was present to answer any questions, and spoke in favor of the annexation. No one spoke against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Langellotti to adopt Ord. No. 543. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Presentation of Audit Report Fiscal Year 1991-92: Christine Hill and Scott Packert of Coopers & Lybrand were present. Ms. Hill said the audit report is an unqualified opinion; it states that the financial statements are in accordance with generally accepted accounting principals. The compliance reports at the back of the report indicate no material weaknesses in internal controls and no material instances of non-compliance that would have a significant effect on the financial statement. Mayor Kulbes called a Workshop Meeting for March 17th at 7:00 p. m. to review the audit report. Chelsea Park Agreement: Attorney Kruppenbacher explained Mr. Robinson is present this evening. The Commission was given a draft agreement which incorporates those items that were reviewed with Mr. Robinson and Staff at a meeting held last week. Attorney Kruppenbacher said subsequent to this and as late as today, Mr. Robinson received notice of the anticipated cost of doing the demucking and clearing from Hubbard Construction which would total a lump sum of $160,000. Mr. Robinson would like to explore with the Staff a second option of potentially acquiring a small portion and paying an appropriate fee to the City of that back end that he would need. Attorney Kruppenbacher explained what the Commission needed to do is make a policy decision which would be twofold: If the Commission deems it appropriate, to approve this agreement in concept and then decide whether to authorize the Staff to analyze and decide whether or not there would be any objection to explore the feasibility of selling the property. Motion was made by Commissioner Jonas to approve this agreement to be implemented if it can be worked out along these lines or alternatively direct staff that Mr. Robinson cannot go forward under this concept as he further analyzes Hubbard to explore with Mr. Robinson and bring back a recommendation regarding the sale of that portion of property that he would need and under what guidelines if any, they would deem that acceptable in terms of recommending that to you. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. . . . Regular Meeting, City Commission, March 8, 1993 Page 3 92-93-12 Mikes/Winter Springs Country Club Settlement Report: Attorney Kruppenbacher said a meeting has been scheduled for Friday, with Mr. Mikes and City Staff to go through the final agreement. March 12th Tuscawilla Maintenance Agreement: Attorney Kruppenbacher said on March 2nd he received faxed from the Attorney for the Tuscawilla Homeowners Association a draft ordinance and a copy has been given to the Commission. Attorney Kruppenbacher said Don LeBlanc, Land Development Coordinator, prepared a memo on Feb. 25th identifying a number of concerns regarding the ability of this City to collect these assessments. He asked that a work session be called to discuss the issues. Mayor Kulbes called a Workshop Meeting for March 15th. Mrs. Marjorie Gray, Ayerswood Court, read a letter regarding the maintenance issue and this is attached to the minutes. Paul Partyka, Oswego Court and Arthur Hoffmann, Mt. Laurel Drive and John Ferring, Benitawood Court, all spoke in discussion. Attorney Kruppenbacher spoke about the Walgreen's project. He said their lawyer called him and said they will be unable to do the project if the City maintains an interpreta- tion of the concept of what is predevelopment stormwater runoff. City Engineer Leonard Kozlov explained it has to do with the coefficient of runoff on a surface and in the calculations for stormwater. What the engineer does is to take the predevelopment condition of the site, determines what the runoff is and the co- efficient number;then he looks at the post development of the site which has a different coefficient number. Mr. Kozlov explained they are looking at a runoff with the existing condition out there which is maybe about 60-70% impervious surface which is the existing building and the parking lot. They intend to take down the building and remove the entire parking lot, then build the site which will have approximately 90% impervious surface. Mr. Kozlov said the issue is do they calculate this under preexisting condition with the building there using this runoff coefficient of the existing site or do they use a runoff coefficient which will involve more volume retention in the design by saying the site starts from scratch or a bare site with nothing on it. Mr. Kozlov explained what they are trying to do with the new design is they cannot exceed the previous DOT discharge into S.R. 434, but they are going to be shifting the site runoff from Cortez Avenue onto Edgemon Avenue and therefore impact Edgemon Avenue with additional runoff. Mr. Kozlov asked why they do not go ahead and take a look at the impact and see how much more water is going to go into the storm system on Edgemon; then we will evaluate it and if it would work, he would be amenable to evaluating what they are attempting to do and go with the pre-existing vs. the post development. Attorney Kruppenbacher said he could make an amendment to the ordinance giving the flexibility to look at the projects on a case by case basis subject to Staff's recommendations with one consistent rule and the right to waive in the event there is some compelling reason. The Commission was in agreement to have Attorney Kruppenbacher prepare the amendment for their review. . . . Regular Meeting, City Commission, March 8, 1993 Page 4 92-93-12 Attorney Kruppenbacher reported he signed the proposed recommended order on the Florida Power Corp. DeBary Winter Springs 230 KV transmission line corridor certification proceeding. Attorney Kruppenbacher reported that Jackie Koch has appealed the decision on the Florida Commission on Ruman Relations. Attorney Kruppenbacher noted that the Commission appointed Chief John Govoruhk as Acting City Manager but never set a salary. Motion was made by Commissioner Torcaso that we put the Acting City Manager's salary on the agenda. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Motion was made by Commissioner Torcaso that we set the Acting City Manager's salary at $55,000. Seconded by Commissioner Donnelly. Discussion. Motion was made by Commissioner Langellotti to amend the motion to bring the salary up to what the previous City Manager was making. Seconded by Commissioner Jonas. Discussion. Vote on the first motion: Commissioner Jonas, no; Commissioner Langellotti, no; Commissioner Donnelly, aye; Commissioner Torcaso, no; motion failed. Vote on the amendment to the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Attorney Kruppenbacher reported the attorney for the Armando Guarin lawsuit called him and asked if we would waive the attorneys fees, fines, costs, etc. Attorney Kruppenbacher is to get the cost of the fines that have accrued and this will be on the agenda for the next meetings for the Commission's consideration. Commission Seat III - John Langellotti: Mayor Kulbes said that in budgeting for the Stormwater Management System there was $75,000 placed in the budget. At that time this was a reasonable figure; however, costs have increased tremendously and in order to get this project done to meet state requirements, the cost of that project will be closer to $99,000. Motion was made by Commissioner Torcaso that we put the Stormwater Utility Master Plan on the agenda. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Motion was made by Commissioner Torcaso to transfer $25,000 of O&M money to the Stormwater Utility Study. Seconded by Commissioner Langellotti. Discussion. Terry Zaudtke, CPR, spoke in discussion. Motion was restated to transfer $25,000 of Operation & Maintenance money in this year's budget to the Stormwater Utility Study. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. . . . Regular Meeting, City Commission, March 8, 1993 Page 5 92-93-12 Commission Seat IV - Terri Donnelly: Commissioner Donnelly reported that Dr. Rosenberg Lup, Chairman of the Commerce & Industry Board. has sent in a resignation to Mr. Motion was made by Commissioner Donnelly to put appointment to the Commerce & Industry Board on the agenda. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; motion carried. Motion was made by Commissioner Donnelly to appoint Charles McGinnis to the Commerce and Industry Board. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Commission Seat I - John V. Torcaso: Commissioner Torcaso reported he has received a report on the removal of the trees at the Deersong project, and the permits were all signed which made it legal for them to do what they did. Commissioner Torcaso asked that the City Manager, City Attorney and Finance Director see what can be done to change the expense reimbursement of the Commission to a salary. Commission Seat II - Don Jonas: No report. Mayor's Office: Mayor Kulbes spoke about the letter he received from the Tourist Development Council regarding the free concert to be held at Central Winds Park. The City Attorney will review the contract before Mayor Kulbes signs it. Mayor Kulbes spoke about the letter from ICMA regarding interviewing candidates for the city manager position. He asked the Commission if they would like to use this service and Commission was in agreement. Mayor Kulbes called a Workshop Meeting March 17th to discuss garbage problems. Meeting was adjourned 9:15 p. m. Respectfully submitted, ~T~ Mary T. Norton, City Clerk APPp.. ed:. / . /-" / I J \: [/-~~ PH1LY A. KULBES ,MAYOR