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HomeMy WebLinkAbout1984 08 14 City Commission Regular Minutes \ .. 83-84-22 . REGULAR I1EETING CITY COHMISSION CITY OF WINTER SPRINGS AUGUST 14, 1984 The Regular Heeting of the City Commission of the City of Winter Springs, Florida, was called to order by Hayor John V. Torcaso at 7:30 p. m. Roll Call: Mayor John V. Torcaso, present Deputy Mayor Buck Adkins, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, present Inez Linville, present William Jacobs, present Leanne Grove, present The invocation was given by Commissioner Inez Linville and the pledge of allegiance to the flag was led by Mayor John V. Torcaso. Motion was made by Commissioner Linville to approve the minutes of July 24 and Special Meeting of August 7, 1984. Seconded by Commissioner Jacobs. Discussion. In discussion Commissioner Adkins asked the minutes of July 24 be amended as follows: on Page 4, third paragraph from the bottom in reference to sidewalk, add the following: "the lien would belong to Tuscany Place". Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Public Input: ~1r. Harry Reid, Hayes Road, spoke about the lot across from his home which is being sold as one acre parcels. It is a 5 acre tract. This will be looked into. . Tom Dougherty, Oak Forest spoke about his letter to the City Manager, dated 5/14/84, in reference to poor drainage. Motion was made by Commissioner Hartman, seconded by Commissioner Adkins to bring this item on to the Agenda. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, no; Commissioner Hartman, aye; motion carried. Motion was made by Commissioner Hartman that we instruct the City Manager to get with the developer; work out a solution; and get it done within 30 days or the City will either do it or have it done and charge his performance bond to pay for it. Seconded by Commissioner Grove for discussion. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Jacobs, aye; motion carried. A concensus of the Commission gave the City Manager and Attorney authority to hold up building permits if possible. Frank Bogart, Tennis Villas, spoke about cable service. . Reconsideration of Emily Powell issue: Motion was made by Commissioner Jacobs to grant the applicant Emily Powell a waiver of Sec. 44.24.19 to have not more than 6 persons, (exluding Hrs. Powell) and provided that these individuals are handicapped, mentally retarded under the laws of the state of Florida. Seconded by Commissioner Adkins. Mr. Harry Reid, Hayes Road, spoke in discussion. . . Regular Meeting, .-City Commission, Aug. 14, 1984 Page 2 83-84-22 Motion was made by Commissioner Hartman to table until the next available meeting. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, no; Commissioner Hartman, aye; Commissioner Adkins, no; motion carried. There will be a public hearing on Sept. 11 for reconsideration of this issue. Acquisition of North Orlando Water & Sewer Corporation: Attorney Lang said the Commission was provided an agreement at the Public Hearing that was held on this issue. A revised agreement was provided the Commission for this evening. During the interim Attorney Lang wrote a letter to Florida Land's negotiator indicating the Commission felt that Site 16 ought to be included in the purchase because that was their understanding. They told Attorney Lang that was not to be included in the purchase. They are willing to give us a lease purchase agreement and the terms of that lease purchase agreement would be that we buy the site within the first year for $7,500.00 an acre. The alternative is we rent it for $2,800.00 a month. At the end of the first year what we will do is get the site appraised and buy it for the appraised value and we lease it for 14% of the appraised value. They claim there are 37.3 acres on that site which means it comes out to approximately $278,000 to buy it. Attorney Lang has talked to Cal Conklin and there is a question as to whether we need all that acreage. . Attorney Lang recommended we go back and say that the lease purchase agreement would be acceptable with the understanding that it would be $7,500.00 per acre, not $278,000.00 total for that portion or all of the acreage that we intend to buy, that is assuming the Commission approves the entire agreement. There is a provision that will have to be worked out as to how we agree on appraisal after the first year. The proposal as it is now, is the City has the right to select an appraiser. If they reject our appraisal, they have the right to select an appraiser. If we don't like their appraisal, we can then reject their appraisal and the two appraisers get together and decide on a third appraiser and we would be bound by the third ,appraisal. On the purchase price on the office building, they have indicated that they will sell it to the City for cash at closing for $100,000.00 subject to the City getting an appraisal such that it is a condition precedent to us buying that we can get an appraisal showing that the approximate market value is $100,000.00. Attorney Lang said they have clarified the infiltration exfiltration provision wherein it indicated the City would be forced to keep the plant at maximum capacity eliminating any infiltration exfiltration such that there is no responsibility to take the plant and the system beyond its current level of operation. There was some ambiguity that was raised by the Engineer and that has been clarified. The Dayron site has been clarified as being approximately 28.3 acres that we would be buying of which approximately 20 acres would be used for effluent disposal pursuant to the plans. The plans have been provided to Attorney Lang and they will be turned over to Cal Conklin. There is some question as to whether or not that road can be . . . . . Regular Meeting, City Commission, August 14, 1984 Page 3 83-84-22 extended through there on our property, and it is going to take some time to determine that. The contract has been modified to read that we have no obligation to purchase if it can not be used for effluent disposal and if our appraisal does not show that it is worth approximately $700,000.00. We have to get that done and accomplished before closing because we have got to reject the entire contract. On the water line on Bahama Road, they have indicated to Attorney Lang that the water line is in in the easement and that the right of way is there. If there are any other problems with that water line, we need to get to them quickly. They claim there is not a problem on the Bahama Road water line. The receivable that was shown will be gone before closing. We are not buying that receivable nor will we get it. The 2,200,000 dollars will include the computer and the software. The FRC property: what they are proposing is even if the FRC developer agreement does not become a reality in that the property is properly rezoned to take effluent, they still want a developer agreement with us so that they get in line for 75,000 gallons. There would be no priority associated with that but they would have a commitment from us for 75,000 gallons which they would pay for and would get in line with all the other developers. In reference to the Iron Bridge - Mr. Zaudtke and Gerald Chancellor have modified the language that gives us flexibility so that all we do is commit to trying to find 500,000 gallons additional capacity from whatever source meets accepted engineering standards. As to the lease on the golf course, Attorney Lang said he has indicated we would like an assurance from Dr. Day or an extension of that lease prior to closing. He said it would be the recommendations of the engineers, and he concurs, that it be a lease the City has with Dr. Day prior to closing to extend the use of the golf course and the terms under which we could use it. Attorney Lang said there is an updated list of developer agreements including the FRC commitment. He said they deleted the money damages provision out of the contract. They provided us with FRC's developer agreement which is a standard form developer's agreement with the exceptions that were presented last week with regard to the fact that they do not have to pay a commitment fee since they are donating property and it was a trade out. They have modified the title insurance whereas they had a $100,000.00 cap on it before and it will now be title insurance in the amount of property that they are conveying to us whatever we elect to buy. Attorney Lang's recommendation was the City indicate they will pay $7500.00 per acre for all or that portion of Site 16 that they consider necessary for effluent disposal and to make it for 2 year option, and the City have a lease extension with Dr. Day for the use of the golf course under terms and conditions that are acceptable to us so that we know we will be able to continue using that for effluent disposal as long as the City has the Utility. . Regular Meeting, City Commission, August 14, 1984 Page 4 83-84-22 Motion was made by Commissioner Jacobs to authorize the Mayor to execute the agreement if those two provisions are modified to conform with those recommendations. Seconded by Commissioner Grove. Discussion. Motion was amended by Commissioner Hartman to amend the motion to change the purchase agreement to a lease option wherein we have the right to buy for twelve months at $100,000.00 and we rent for $1,000 per month during the interim. Seconded by Commissioner Jacobs. Discussion. Vote on the amendment to the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Jean Hody from the Highlands spoke in discussion. Mr. Magennis from the Highlands also spoke in discussion. Attorney Lang said assuming there are no title defects we will close within 45 days. Vote on the main motion as amended: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. . Public Hearing on Ord. No. 299, an Ordinance of the City to extend its territorial and municipal limits to annex the hereinafter described lands situate and being in Seminole County, Fl., etc. Second Reading: Motion was made by Commissioner Adkins, seconded by Commissioner Linville to read by title only. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Attorney Kruppenbacher read Ord. No. 299 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the Public Hearing for Ord. No. 299. No one spoke for or against the ordinance. The City Planner, Don McKenna, said the property borders Lake Jessup and S.R. 434 and goes on the south side of S.R. 434. The property is also known as the Leffler property. Mayor Torcaso closed the Public Hearing and reconvened the Commission Meeting. . Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to adopt Ord. No. 299. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye;motion carried. Planning & Zoning Board Recommendations of Aug. 8, 1984: Highland Village Unit I: The City Planner said the replat is located on North Third St. and Sheoah Boulevard. It is zoned Planned Unit Development, multi-family. The Applicant, Newlando, Inc. wishes conceptual approval of the Highland Village Unit I replat to build cluster homes at a density of 7 units per acre, 4 - 6 units per building. He also wishes to waive Sec. 14-64 of the City Code which prohibits drainage ditches within a sub- division, and this refers to the swale along the west property line which also borders the golf course and has a design slope of 2-1; also the retention area A which borders Third Street which could also be classified as a ditch because of its side slope of 3-1. The slope of the retention area was originally designed at 4-1 as proposed in the final engineering of the original Highland Village Plat, but in order to save the landscaping and trees along Third Street, it was suggested by the developer to change it to 3-1. The private road shown as Tract H on the plat is proposed and maintained by the Homeowners Association. The proposed setbacks for the cluster homes as you can see . . . Regular Meeting, City Commission, August 14, 1984 83-84-22 Page 5 on the sheet also provided you is a front setback of 25 ft., a side separation of 20 ft. and a recommended 20 ft. setback from the retention area except along the west property line where the swale area is where a setback of 8-10 ft. is shown. Mr. Alex Halberstadt, developer spoke to the Commission. Motion was made by Commissioner Jacobs that we table until the next scheduled meeting. Seconded by Commissioner Grove. Discussion. Motion and second were withdrawn. Motion was made by Commissioner Hartman that we accept the replat stating that the only place that there be a 3-1 slope is in the south edge of the retention pond abutting the road and if we go in that area, rest of it is in compliance with the Code, he can go to the Board of Adjustment and get his variance for the fence. Motion withdrawn. Motion was made by Commissioner Hartman that we approve the replat and the 3-1 slope along the south side of North Third Street and the rest of it be in compliance with the original plat, and if he wants a variance for a fence he goes to the Board of Adjustment. Seconded by Commissioner Linville for discussion. Discussion. Motion withdrawn. Motion was made by Commissioner Linville that we approve the conceptual plan of cluster units. Motion withdrawn. Motion was made by Commissioner Jacobs to table until our next scheduled meeting. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Request for Lot Split, Lot 3, N. Orl. Ranches Sec. l-B - Jacobs: Res. No. 455: Motion was made by Commissioner Grove, seconded by Commissioner Linville to read Resolution No. 455 by title only. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Attorney Kruppenbacher read Resolution No. 455 by title only. Motion was made by Commissioner Linville, seconded by Commissioner Jacobs to adopt Resolution No. 455. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Park on Buttonwood Ave.: Manager Rozansky said the cost estimates for the fence are between $2300 and $3200. Motion was made by Commissioner Adkins that we go ahead and install the fence with the lowest bidder, clean it out what necessary undergrowth we have to to install it; cleaning up the area that would include leveling; hauling away the debris you cannot level and put underneath the dirt; grassing the area and then staying out of there; grassing it with seed. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Regular }~eeting, City Commission, August 14, 1984 Page 6 83-84-22 . First Reading of Ord. No. 301, adopting the municipal budget for FY 1984-85: Motion was made by Commissioner Jacobs, seconded by Commissioner Linville to read Ord. No. 301 by title only on first reading. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, absent; Commissioner Linville, aye; motion carried. Attorney Kruppenbacher read Ord. No. 301 by title only on first reading. The Public Hearing on Ord. No. 301 will be on Monday, September 24, 1984. City Manager - Richard Rozansky: Light at Sheoah & S.R. 434: Manager Rozansky said the Police Chief is working on the light; he has received a letter from Seminole County and they said their traffic signals average $26,000.00. Manager Rozansky said he met with Mr. Hughes of the School Board on the driveway alignment, and from all indications he thinks they will cooperate as they feel it will be a benefit to the children. Pole Fees: Motion was made by Commissioner Hartman, seconded by Commissioner Adkins that we have the City Manager draft the proper resolution to change pole fees to $250.00. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Wade Street railroad crossing: Manager Rozansky said the estimate for moving the crossing is approximately $5,300.00. Around the 1st of September Manager Rozansky expects to get the agreement from Seaboard and this will be on the agenda for the Commission's approval. Al Land, engineer, has been instructed to prepare the bids. . Financial procedures manual: Motion was made by Commissioner Adkins, seconded by Commissioner Jacobs to allow the City Manager to purchase the financial procedures manual ($2,400.00). Discussion. Vote on the motion: Commissioner Hartman, no; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, no; motion carried. Reports: The Bid Opening for Moss Road was held on Aug,. 9 and seven bids were received. If possible we will have that on the agenda for the next meeting. There was discussion of sending someone from the Public Works Department to school for the repair of pipes. Motion was made by Commissioner Hartman, seconded by Commissioner Grove to instruct the City Manager to have Southern Line Cleaning Inc. to repair the six joints for around $2,000.00. Discussion. Vote on the motion: Commissioner Adkins, no; Commissioner Linville, no; Commissioner Jacobs, no; Commissioner Grove, aye; Commissioner Hartman, aye; motion failed. Motion was made by Commissioner Adkins that we go out for bids for the purchase of a well point. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, no; Commissioner Hartman, no; Commissioner Adkins, aye; motion carried. . Manager Rozansky reported the tennis courts are coming along right on schedule; the garbage contract comes up in December and we are looking into the use of prisoners. . Regular Meeting, City Commission, August 14, 1984 Page 7 83-84-22 Commission Seat I - Jim Hartman: Commissioner Hartman said he would like to see us draw up an ordinance in reference to fencing of our retention ponds and swales; we have had to grant variances from the fence ordinance to have their retention ponds not fenced, and he thinks that should be eliminated from our Code. Commission Seat II - Buck Adkins: Commissioner Adkins said he had a call from a homeowner who lives in Bear Creek asking about mosquito spraying. Manager Rozansky said we need a letter from the Homeowners Association asking the City to spray. The homeowner also asked about speed limit signs. If they get the signs the City will install them. Commission Seat III - Inez Linville: Commissioner Linville asked about the wide "driveways" being put in around the park in Tuscawilla. Commission Seat IV - William Jacobs: Commissioner Jacobs said the Attorney did a super job in getting that back to us in two weeks (re:NOWSCO). Commission Seat V - Leanne Grove: No report. . Mayor's Office: Manager Rozansky said he had some discussion with Gordon Monday and that there may be a little problem with the water to the municipal complex site. Meeting was adjourned 10:45 p. m. Respectfully submitted, ~/.~ Mary T. Norton, City Clerk Approved: -KL... TORCASO -r- MAYOR "--~ .