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HomeMy WebLinkAbout1985 11 11 City Commission Regular Minutes ., ':> 85-86-4 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 11, 1985 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso at 7:30 p. m. 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, present Arthur Hoffmann, present Buck Adkins, present Leanne Grove, present For the invocation Commissioner Grove asked that Americans who gave their lives for our freedom. flag was led by Deputy Mayor William A. Jacobs. we take a moment to remember all The pledge of allegiance to the Motion was made by Commissioner Hoffmann to approve the minutes of October 28, 1985. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins,aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Public Input: Jean Pressler, Highlands, asked what action is being taken to ban skateboard ramps. . General Agenda: Dittmer Property: Attorney Kruppenbacher said there was a meeting last week with Mr. Dittmer, and the only item remaining is a fee of $4,500 for estimated costs for having to make a dead end into a "T" to satisfy the Police and Fire Departments. Motion was made next Monday and for $4,500.00. by Commissioner Jacobs to extend the request of Mr. Dittmer until to express the Commission's intention that he will be accountable Seconded by Commissioner Adkins. Motion was withdrawn. Motion was made by Commissioner Jacobs to extend the Dittmer property request until Friday at which time Mr. Dittmer has to come into compliance and pay the $4,500.00. Seconded by Commissioner Hoffmann. Discussion. Bonnie Kelly, Ridgewood Way spoke in discussion. Motion was made by Commissioner Hartman to amend the motion that we include the landscaping in there and if it is not done by Friday that the entire plan is null and void. Seconded by Commissioner Jacobs. Motion withdrawn. Motion was made by Commissioner Hartman to amend the motion that he have a schedule of completion not more than two weeks and that he post a $15,000 bond by Friday for the landscaping. Seconded by Commissioner Jacobs. Motion and amendment were withdrawn. . Motion was made by Commissioner Hartman that we direct City staff to get with Mr. Dittmer tomorrow putting him on notice that he has until Friday to post a $15,000.00 bond for landscaping and the "T" section and that he come before the Commission on Monday night with a plan and timetable to install the landscaping or the project is totally null and void. If the bond is not in by Friday he will be issued a cease and desist order as of 5:00 p. m. by the Chief of Police. Seconded by Commissioner . Regular Meeting, City Commission, Nov. 11, 1985 Page 2 85-86-4 Jacobs. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, no; Commissioner Hartman, aye; motion carried. City Manager - Richard Rozansky: Kriebel legal fees: Mr. Kriebel appeared before the Code Enforcement Board and incurred legal expenses in the amount of $1,038.40. The insurance company has notified us this bill is not covered by the City's liability policies. Motion was made by Commissioner Hartman that we direct the City Manager not pay Mr. Kriebel's legal fees since they were not necessary to appear before the Commission or the Code Enforcement Board. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. Coventry Place-processing procedures: Manager Rozansky recommended that the project be reprocessed to insure that we have all documentation that is required. Motion was made by Commissioner Jacobs that the project go back to the Staff for review in accordance with the rules and regulations and engineering procedures. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. . Personnel/Manning: Motion was made by Commissioner Hartman that we accept the City Manager's recommendation to move Harry Martin from Utility Director back to Director of Finance and since there are some changes in his job he would be taking over some of the responsibilities of the day to day handling of the money and he would be losing the entire responsibility of the Utility Company, so I move that we align his salary to that of the Building Official and that since the Administration office will be losing a lot of the day to day responsibilities of that office, that we align that office's responsibilities to the pay scale of Ms. Wilson's office. Seconded by Commissioner Adkins. Discussion. Second was withdrawn. This will be discussed at the Workshop Meeting on Monday, November 18, 1985. Winter Springs Water & Sewer a. Suda Developer's Agreement: On July 20, 1981 North Orlando Water & Sewer Corp. sent a letter to this developer and said in consideration for some easements, we will give you 90,000 gallons of capacity. There was no formal developer's agreement. Mr. Terry Zaudtke, City's consulting engineer and Mr. Bill Miller, president of Suda were present. Discussion followed. Municipal Complex: Manager Rozansky reported that our engineer, Terry Zaudtke and Mr. Hampton are getting together to try to resolve the problem with the driveway. Manager Rozansky and Chief Govoruhk are making a punch list of all the remaining items. . . . . Regular Meeting, City Commission, Nov. 11, 1985 Page 3 85-86-4 Motion was made by Commissioner Grove that we instruct City Attorney to pursue without litigation a claim against the Architect, Hampton, Monday & Associates for the failure to identify the lack of water to the property; for the failure to identify the necessity of widening the road and the failure to identify the fact that it floods when it rains. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Suda Developer's Agreement: Motion was made by Commissioner Hartman that Suda propose to resolve whatever claim he may have arising from his letter and waive any other rights if the City will reach an agreement with him that would provide that he would receive the first 25,000 gallons capacity and that he would go to the back of the line as to any future capacity. Seconded by Commissioner Adkins for discussion. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye;motion carried. Effluent and Percolation Ponds: Mr. Terry Zaudtke, City's consulting engineer explained that when Florida Residential Corp. came in with their development plan for the Mt. Greenwood PUD, their proposal was for 652 units within that subdivision and the preliminary engineering at that time called for capacity of 310,000 gallons. When Amerifirst purchased the property, they went back and revised all their needs. Their plan was for 562 units and capacity of 383,000 gallons. The cost to the City under the old proposal was $20,475.00 because the City pays for anything in excess of 210%. Amerifirst has said that even though we are getting more available gallons, we will ony have to pay $20,475.00. Amerifirst (ATCO) has also stated that if the sitedid end up after load testing, if it did come out to be greater than 283,000 gallons, that the City would not have to pay any additional fees. Mr. Zaudtke recommended to accept the proposal of the 283,000 paid capacity. Motion was made by Commissioner Adkins that we accept the recommendation of the consulting engineer and at the same time we place in there the total number of units at build out will be 562 or less with the capacity as listed by Mr. Terry Zaudtke which is 283,000 gallons. Seconded by Commissioner Jacobs. Discussion. Mr. Bill Wallace and Randy Rush spoke in discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, no; motion carried. On Sheoah Boulevard, Manager Rozansky said he is having the engineering done on the light. The letter has been sent to the School Board for their signature. Manager Rozansky asked the Commission if they would like to have the meetings on Cablevision. -- Attorney Kruppenbacher said he would be bringing back a proposed settlement on the Florida Gas lawsuit. . Regular Meeting, City Commisison, November 11, 1985 Page 4 85-86-4 Commission Seat I - Jim Hartman: Commissioner Hartman asked the Commission to direct the City Manager to draft a resolution to the School Board in opposition to the bus barn they will be building on S.R. 419 and S.R. 434. Commissioner Hartman opposed the location because it is a safety hazard. He asked that the resolution be sent to the County, Department of Transportation and the School Board. Motion was made by Commissioner Hartman to send a resolution to the County, the School Board and the Dept. of Transportation in opposition to the bus barn the School Board will be building on S.R. 419 and S.R. 434. Seconded by Commissioner Grove for discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann reported he attended the Council of Local Governments meeting last Wednesday. It was noted that all cities except Winter Springs had signed the annexation inter-local agreement and the school zone maintenance inter-local agree- ment. Since that time Manager Rozansky pointed out the City has signed the school zone maintenance inter-local agreement. Next month the CALNO meeting will be held here at 7:00 p. m., December 4. . Commissioner Hoffmann spoke about the death of Mr. Kirby Grant. The City lost one of its distinguished citizens. Commission Seat III - Buck Adkins: Commissioner Adkins congratulated the winners in the City Election. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked about the Florida Land lawsuit. Ms. Koch explained there were two areas not yet settled, the park and the right-of-way. Commissioner Jacobs also asked about the Dayron property. Mr. Zaudtke explained we have 400,000 gpd and it is officially on line now. Manager Rozansky said at the next meeting he would come back with two possible disposal sites. Commissioner Jacobs said the transportation study should be done at the same time. There will be a Workshop Meeting on Nov. 18 also Dec. 2 at which time permit fees will be discussed. Motion was made by Commissioner Jacobs to place Resolution No. 520 on the Agenda. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. Attorney Kruppenbacher read Resolution No. 520 in its entirety. Motion was made by Commissioner Adkins to reject Resolution No. 520. Motion died for lack of a second. Motion was made by Commissioner Jacobs to adopt Resolution No. 520. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, no; Commissioner Jacobs, aye; motion carried. . . . . Regular Meeting, City Commission, Nov. 11, 1985 85-86-4 Page 5 Commission Seat V - Leanne Grove: Commissioner Grove asked about the renovation of the old city hall. Commissioner Grove recommended we name the Recreation hall the "Kirby Grant or Sky King Center" to pay tribute to him. She also asked that a certificate be prepared to be presented posthumously for his dedication and participation in civic affairs. Mayor's Office: Election Results: Commission Seat I: Jim Hartman Cindy Kaehler 635 1121 36.1 63.8 Commission Seat III: Ray Bradshaw Art Harris Philip A. Kulbes 391 657 702 22.3 37.5 40.1 Commission Seat V: B.G.Adkins Lawrence A.Cerra Marilyn J.Piland Martin Trencher 389 260 452 662 22.0 14.7 25.6 37.5 Appointment to Code Enforcement Board: Mayor Torcaso recommended Larry Cerra be appointed to the Code Enforcement Board. Motion was made by Commissioner Jacobs to ratify the Mayor's appointment of Larry Cerra to the Code Enforcement Board. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Attorney Kruppenbacher asked that a joint Workshop Meeting be held with all of the Boards. Mayor Torcaso said we would have one in January. Swearing in Ceremony: Mayor Torcaso announced that the Swearing in Ceremony would be held on December 2, 1985 at 10:30 a. m. for Commissioner Elect Cindy Kaehler and Commissioner Elect Martin Trencher. Commissioner Adkins has asked to resign on November 12, 1985 and that we go ahead and seat Commissioner Elect Philip Kulbes. Mayor Torcaso said this would be held on Friday at 10:30 a.m. Resolution No. 519 inviting citizens to light porchlights, candles or other lights from dusk to dawn on Nov. 19 and 20, 1985. Mayor Torcaso read Resolution No. 519 in its entirety. Motion was made by Commissioner Hartman to deny Resolution No. 519. Motion died for lack of a second. Motion was made by Commissioner Adkin~ to approve Resolution No. 519. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Regular Meeting, City Commission, Nov. 11, 1985 Page 6 85-86-4 . Meeting was adjourned 10:30 p. m. Respectfully submitted, ~I-~ Mary T. Norton, City Clerk (ppr7 V Itr~A vJ~ JOHN V. TORCASO ,MAYOR . .