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HomeMy WebLinkAbout1985 06 10 City Commission Regular Minutes .' '\. 84-85-19 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 10, 1985 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, absent Arthur Hoffmann, present Buck Adkins, present Leanne Grove, present The invocation was given by Commissioner Arthur Hoffmann and the pledge of allegiance was led by Mayor John V. Torcaso. Motion was made by Commissioner Grove, seconded by Commissioner Hoffmann to approve the minutes of May 13th and Special Meeting of May 17th, with one correction to the minutes of May 13th as follows: delete the sentence on page 5, 2nd paragraph, it would be in violation of the City code because it is in front of the front setback to the property; however, the ARB wrote it off, and it is an internal fence within Dunmar Estates. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. There was no public input. . Equalization Board Hearing to consider Special Assessments for paving and drainage improvements on North Moss Road: Mayor Torcaso read the notice that was published in the Sentinel. Mr. Joe Abrams and Ron Church, owners of property along Moss Road spoke in discussion. Manager Rozansky explained the cost of the improvements were $521,464.03 for construction; engineering $24,147.16; Attorney's fees $4,726.22; total $550,337.41 to be assessed 100%.Attorney Kruppenbacher read, for the record, from Chapter 170.14 which provides the governing authority the opportunity of making these assessments. It was determined that all the lots in Lori Anne Acres and Doug's Unit I would be assessed, not just the lots fronting on Moss Road. The Equalization Board Hearing was discontinued. A new Hearing will be re-advertised and all property owners will have to be notified. . Planning & Zoning Board recommendations of May 8 and May 22, 1985: Mt. Greenwood PUD-Final Development Plan, Phases 1, 2, 3 and 4: The City Planner, Peter Cowell, explained the first two phases that are being discussed are the preliminary phases that will be surrounding the Hayes Road entrance. and its 75 single family homes that will be similar to the R-1A single family dwellings that are across the street. Phases 3 and 4 will be following the spine road down coming behind it and those will be townhouses. Mr. Lefkowitz was present to make a presentation. Mr. Lefkowitz spoke in reference to his letter to Mr. Rozansky which questioned an ordinance requirement under the City's Planned Unit Development ordinance. Under Section 44.85.11 there are very specific time frames in which activities must occur on a given plan after the approval of the final development plan. Mr. Lefkowitz requested that his expenditures and investment that is going into the sewer plants be applied to the category of substantial development relative to the plans being discussed this evening. and instead of having a one year expiration with a one year renewall, he asked for a full five years. . Regular Meeting, City Commission, June 10, 1985 Page 2 84-85-19 Attorney Kruppenbacher said for the record, in return for the Commission making a finding with regard to the effluent pond contributions Mr. Lefkowitz is making that that is substantial development, he will in return, provide and post appropriate bonding and/or letter of credit to assure the safety of the City. Mr. Lefkowitz addressed the issues raised by the Planning and Zoning Board and Staff. Item 3, which relates to the developer meeting the state requirements for handicapped parking spaces; Mr. Lefkowitz said he has researched all the way up through Tallahassee and cannot find where his type of development is subject to handicap spaces. He said if he is subject to those requirements he has made the commitment to meet whatever handicap requirements there are. All sidewalks will have ramps and curbing. Item 9-sidewalks be added along the eastern property along Hayes Road from the entrance road south; Mr. Lefkowitz said the sidewalks were traded for a foot bridge over Gee Creek and sidewalks north all the way to S. R. 434. Another problem is the issuance of building permits. Staff recommendation was that building permits not be issued until and upon the completion of the retention ponds; and now since the ponds will be bonded, it would fall under the same category as bonding the subdivision which would mean that building permits can be issued but certificates of occupancy will be held until all subdivision improvements are in. . Item 13, for landscaping plans with final engineering, Mr. Lefkowitz asked if that could be postponned until sometime prior to certificates of occupancy; however, if it is just landscaping of the entranceway, Mr. Lefkowitz said he had no problem with that. Another problem was his commitement to amenity packages in Tracts 3 and 4. Mr. Lefkowitz said he meant there would be a single amenity for the two tracts. Motion was made by Commissioner Adkins, seconded by Commissioner Grove that substantial development will occur with the rapid infiltration ponds being installed within the first 12 month period in accordance with appropriate bonds or letters of credit to protect the City. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hoffmann, aye; motion carried. Motion was made by Commissioner Hoffmann, seconded by Commissioner Jacobs, that we accept these tracts subject to this percentage completion with completion of the amenities subject to Staff review that we accept these units as a plan except that the completion of the amenities go with the completion of the 50th unit in Tracts 3 and 4 and subject to Planning and Zoning (Item 3 Mr. Lefkowitz has represented that if he is required by law to do it he will do and Item 9 to remove 9 because that was not part of the agreement)and in reference to the amenities east of Building 1 on Tract 4 -Mr. Lefkowitz stated that with acceptance of final engineering he would submit a plan which the City could approve for the second amenities area. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. . ~ . Regular Meeting, City Commission, June 10, 1985 Page 3 84-85-19 Annual certification of the Official Zoning Map: Motion was made by Commissioner Jacobs to approve the annual certification of the official zoning map. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Rezoning request - General Conference Evangelical Congregational Church: The Planning and Zoning Board recommended approval of the rezoning. Motion was made by Commissioner Jacobs to approve the rezoning request and Staff to prepare the appropriate ordinance. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. First reading of Ord. No. 321, rezoning the north 375 ft. along the right-of-way of Wade Street of the west 1/4 of Lot 41, Entz. Farms, Add.#2, as recorded in P.B. 5, Pg. 9, P.R. of Seminole Co., Fl. from R-U to C-l etc.: Motion was made by Commissioner Adkins, seconded by Commissioner Jacobs to read Ord. No. 321 by title only on first reading. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hoffmann, aye; motion carried. Attorney Kruppenbacher read Ordinance No. 321 by title only on first reading. . Request for Lot Split-Lot 5, Block G, N.Orl.Ranches Sec. lA-Hufnagel: Staff has recommended approval of the lot split. Motion was made by Commissioner Jacobs, seconded by Commissioner Adkins to approve the lot split. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Waiver to subdivision requirements (14-3.2)-Carcasona: Staff has reviewed this issue and has no objections. Staff has recommended 5% of the assessed value be donated to the City. Motion was made by Commissioner Jacobs, seconded by Commissioner Adkins to approve the request of Mr. Carcasona. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Resolution No. 497, providing for the division of an originally platted lot (Lot 5, Blk.G, N. Orl.Ranches Sec. lA), etc.: Attorney Kruppenbacher read Resolution No. 497 by title only. Motion was made by Commissioner Jacobs, seconded by Commissioner Adkins to approve Resolution No. 497. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Resolution No. 498, imposing a six month moratorium on the receipt of applications for review of a site plan for the development of land upon which a convenience store or gas station, not including full service gas stations, will be built, or a special exception for the construction of such convenience store and/or gas stations not including full service gas stations. . .' Regular Meeting, City Commission, June 10, 1985 Page 4 84-85-19 4It Attorney Kruppenbacher read Resolution No. 498 by title only. Motion was made by Commissioner Jacobs, seconded by Commissioner Hoffmann to adopt Resolution No. 498 and instruct Staff to prepare the necessary paperwork for an ordinance to substantiate Resolution No. 498. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, no; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Request of Walt Dittmer (Winter Springs Commerce Center) for one-year extension on the preliminary approval. The City Planner, Peter Cowell, explained Mr. Dittmer's property is the westerly half of the Wildwood Planned Unit Development. Mr. Dittmer was granted final approval and is now requesting an extension. Bonnie Kelly, 726 Ridgewood Way spoke on behalf of several of the homeowners requesting that an extension of time not be granted to Mr. Dittmer because of all the problems with the piles of dirt. Manager Rozansky said we should make him clean up the area. Mr. Dittmer was not present. Manager Rozansky asked the Commission to direct the Staff to investigate the problem and come back at the next meeting with a recommendation for Mr. Dittmer to follow. First reading of Ord. No. 322 closing, vacating and abandoning certain plats lying within the City, etc.: Commission was in agreement to read Ord. No. 322 by title only on first reading. Attorney Kruppenbacher read Ord. No. 322 by title only. 4It Vacating of Easement-Lot 6, Tuscawilla Unit 12-B.G.Adkins: 1. Res. No. 499, vacating those certain rights-of-way,etc.: Attorney Kruppenbacher read Resolution No. 499 by title only. . Motion was made by Commissioner Jacobs to adopt Resolution No. 499. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, abstain; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Vacating of Easement-Lot 31,Bear Creek Estates-B.G.Adkins: 1. Resolution No. 500 vacating those certian rights-of-way,etc.: Attorney Kruppenbacher read Resolution No. 500 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 500. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hoffmann, aye; Commissioner Adkins, abstain; motion carried. City Manager - Richard Rozansky: Bids: Sprinkler System: no bids were received; Manager Rozansky will go out and seek a contract and come back for approval at the next meeting. Manager Rozansky reported that the substantial completion date will be July 10; however, there may be some problems with the furniture, and that may have to be changed. Bid for motorcycle; one bid was received from Cycles of Seminole County in the amount of $7,462.00. The Police Chief has reviewed the bid and recommends approval. 4It Motion was made by Commissioner Jacobs, seconded by Commissioner Hoffmann to accept the bid. Discussion. Vote on the motion: Commissioner Adkins, no; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hoffmann, aye; motion carried. . . . Regular Meeting, City Commission, June 10, 1985 Page 5 84-85-19 Municipal Complex/Progress: Manager Rozansky reported we are progressing; Manager Rozansky has asked for stronger street lights on that portion that is directly adjacent from the Nursery passed the complex to the end of our property because it is a very busy section. Winter Springs Water & Sewer: Manager Rozansky referred to the letter from Attorney Tom Lang, dated June 7, 1985 concerning the gas line which is owned by Florida Public Utilities and which runs under the effluent disposal ponds;which refers to an Agreement. Motion was made by Commissioner Hoffmann, seconded by Commissioner Jacobs to authorize the Manager to complete the agreement. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Greenbriar Lane-Engineering/Approvals: Manager Rozansky said that Mr. Weigle had called him and was concerned because the intersection of Greenbriar Lane and Northern Way had a turn-off and also a left turning lane on it. Mr. H. Arnold was present at the meeting and spoke against the turning lane. The City Manager recommended that they leave the turning lane in because future growth warranted it. Motion was made by Commissionr Adkins that we escrow the funds for the widening of the street at this time and if needed at a later date, widen the road and put the turning lane in. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Deed Restrictions/Policy Statement: The City Attorney said this is a matter to be clarified by the Commission. There have been some experiences wherein there may be some confusion regarding the role of the City vis-a-vis the enforcement or non-enforcement of deed restrictions that exist between homeowners. Attorney Kruppenbacher said he would come back at the next meeting with a proposed ordinance or recommendation. Attorney Kruppenbacher reported on the Jacobson lawsuit. Manager Rozansky said that I.W.s. has requested permission to pick up trash earlier than 7:00 a.m. Some of the Commissioners were in agreement if I.W.S. notified all homeowners of the time change. Commission was in agreement to pay the $839.00 lien on the 1981 jeep for the Police Dept.; and to take proposals for a scope of work for the computer design maps. Mr. Hassler has turned in his resignation effective June 19, 1985. Mr. Sommerville resigned effective June 24, 1985. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann spoke about his letter to Senator Chiles requesting a post office, expressing our concerns for the need for a post office. Commission Seat III - Buck Adkins: Commissioner Adkins asked about mosquito spraying in Bear Creek Estates. e. Regular Meeting, City Commission, June 10, 1985 Page 6 84-85-19 Commission Seat IV - William A. Jacobs: Commissioner Jacobs spoke about the need for districting and it was decided to have a workshop to discuss it. He spoke about the Commission receiving a salary and benefits as employees of the City. As for the Municipal Complex opening Commissioner Jacobs asked that the City Manager and Mayor make those arrangements. Commissioner Jacobs asked that the temporary trailer at Barnett Bank be removed. Commission Seat V - Leanne Grove: No report. Mayor's Office: Mayor Torcaso said he has received a letter from the County Commission requesting a joint work session to discuss mutual interests and concerns sometime in November or December. Meeting adjourned 11:20 p. m. Respectfully submitted, ~~~ . '" Mary T. Norton, City Clerk Approved: e 7'-~. .. ~,. .. FORM 4 MEMORANDUM OF VOTING CONFLICT ,; LAST NAME-FIRST NAME-MIDDLE NAME \U 01lL MAILING ADDRESS a.. ,., 53 ~c("' fGe.e.\.l CITY 6-e ,JJ c..l [c. L.e COUNTY Se rf) , ....oL-e, THE BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE <: WHICH I SERVE IS A UNIT OF: ~ CCOUNTY COTHER LOCAL AGENCY CSTATl. NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE rY\ ~ I (fV\.,1 NAME OF POLITICAL SUBDIVISION OR STATE AGENCY C t TV D ~ LV t <4.J Te it SP (l #~.5 CC/Y)") m l sS I (f\V .s: e~ r 3 WHO MUST FILE FORM 4 ( f! i~~ .,,;..... This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committe whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict · in~erest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divid~ into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B prescribed for all other boards, i.e., those at the state level. PART C ofthe form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] ,. The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FRO~ VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited fro knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a governme agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part belo NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.3: ,Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited fre voting. Insuch cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on r5lJ(v~ }o ,19 lJ"S-: (a) I abstained from voting on a matter which (check one): ~nured to my special private gain; or _ inured to the special gain of --) , by whom I am retained. \ ~ c~_..~~_.,. ...,.~...- -.. '. ; (b) The measure on which I abstained and the nature of my interest in the measure is as follows: ~. ~ 4q~ ~~ ~~ ~ -rV.5 c. (Il 4l/ 1'- L 1) UM.~~ ~ f../lVlr I"l..- pvO 'ff ft2IJef! JtJ Date Filed -2~~ Signature Please see PART C for instructions on when and where to file this form. '< -j '. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required : to disclose the nature of his interest as a public record in Part B below within IS days after t~te occul1,'F . .~ I, the undersigned officer of a state agency, hereby disclose that on . {;J ~ , 19 ~ (a) I voted on a matter which (check one): ~nured to my special private gain; or _ inured to the special gain of , by whom I am retained. j f(bl The meas;:iWhi:= a;::::; my i:;;in th::;re $ as ~ <1" I ~P-i/~ B.&L Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (I S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. . 'NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES,II2.3I7(1.3). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY IE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENAL TV NOT TO EXCEED 55.000. '" . .