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HomeMy WebLinkAbout1985 12 09 City Commission Regular Minutes . . 85-86-7 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS DECEMBER 9, 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: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present The invocation was given by Commissioner Cindy Kaehler. The pledge of allegiance to the flag was led by Commissioner Martin Trencher. Motion was made by Commissioner Kulbes to approve the minutes of the Regular Meeting of November 25, 1985. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. . Public Input: Attorney Drew Thomas spoke about the decision of the Imara Lawsuit. He reported that a final judgment has not been rendered. Attorney Thomas said an appeal at this time is premature; you have 30 days to appeal after the written decree has been signed by the judge. Attorney Thomas said he felt we had a very strong case: first, the twelve unit per acre condominiums are clearly not compatible with low density single family residential structures; secondly there were deficiencies in the engineering plans that had been submitted by Imara; third, the very serious negative impact this high density development would have on the roads and transporta- tion systems, not only leading in and out of Winter Springs, but in the City itself. Also the negative impact on the schools. He spoke about the Schmitz and Kissling applications, and that the proposed development was incompatible with the Compre- hensive Plan, the land use element of the Comprehensive Plan. Art Harris, Sable Court, spoke about the lawsuit. Ben Kaplan, Burgos Road, spoke about the Hazardous Waste appeal and felt the City should be represented by an attorney. Kathleen DeGrenia, Highlands, spoke about cutting down trees on Big Cypress Golf Course. G. Barcus, Tarpon Circle, spoke about the Imara lawsuit decision. Bob Francis, Turkey Hollow circle, problem obtaining cablevision. Elliott Rogers, Night Hawk Circle, problem obtaining cablevision. Larry Cerra, Blue Spruce Court, talked about the Commission appointing a Charter Revision Commission. Motion was made by Commissioner Kulbes, seconded by Commissioner Jacobs to place Ord. No. 337 on the Agenda. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. . Regular Meeting, City Commission, Dec. 9, 1985 Page 2 85-86-7 . Attorney Kruppenbacher read Ord. No. 337 by title only. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. George Barcus, Tarpon Circle, spoke in favor of the ordinance. Mayor Torcaso closed the Public Hearing and re- convened the Commission Meeting. Motion was made by Commissioner Trencher to adopt for emergency leglislation Ord. No. 337 (the reason is an emergency due to the Commission's opinion that the public safety, health and welfare needs to be protected by assuring that damage to the environment, ecology; the trees as sought to be protected under 337 is necessary to pass this at this time) and that it would expire upon formal adoption. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. General Agenda: Public Hearing for Ord. No. 332, annexation requested by Samuel W. and Esther M. Elsea (Lots 25 + E 24 ft. of S 200 ft. of Lot 24 Entz. Farms Add. No.3, P. B. 6, Pg. 27, P.R. of Sem. Co., Fl. Second Reading: Attorney Kruppenbacher read Ord. No. 332 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. City Planner Peter Cowell explained it is an 8 acre parcel on Florida Avenue just south of and east of the Wildwood Planned Unit Development and abutting the Highlands Planned Unit Development on the west. The zoning classification requested is C-2. Mr. Cowell explained there is a majority of C-2 uses along Florida Avenue. No one spoke for or against the ordinance. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Manager Rozansky recommended Section 2 of the ordinance be corrected to read C-2. . Motion was made by Commissioner Jacobs to adopt Ord. No. 332 as corrected. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Public Hearing for Ord. No. 333, annexation requested by Lake Pickett Properties, (Lots 11, 12, & 13, Blk. B, D. R. Mitchell's Survey of the Levy Grant, P. B. 1, Pg. 5, P.R. of Seminole Co., Fl. Second Reading.: Attorney Kruppenbacher read Ord. No. 333 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. Planning and Zoning Board has recommended approval. No one spoke ~or or agaiL.st the ordinance. Mayor Torcaso closed the public hearing and reconvened the commission meeting. Motion was made by Commissioner Jacobs to adopt Ord. No. 333. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Public Hearing for Ord. No. 335, granting the refuse contract between City of Winter Springs and Industrial Waste Services, Inc. Second Reading. Attorney Kruppenbacher read Ord. No. 335 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. Art Harris, Sable Court, asked about the hours of pickup. Mayor Torcaso closed the public hearing and reconvened the commission meeting. . . Regular Meeting, City Commission, Dec. 9, 1985 Page 3 85-86-7 Motion was made by Commissioner Jacobs to adopt Ord. No. 335. The reason the Commisison went for this ordinance the service we received was overall very good; the three year contract; the rates that we have established $2.85 commercial and $9.00 for residential is probably less than any contractor; I.W.S. has proven themselves. Seconded by Commissioner Trencher for discussion. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, n~ motion carried. Discussion of Imara Lawsuit Decision: Attorney Drew Thomas, attorney for the City on this lawsuit was present. Ray Bradshaw, Hayes Road, asked if the City will have to post a bond for damages if they decide to appeal the decision. George Weigle, Northern Way, Bob Williams, Elk Court, Al Decker, Oxbow Lane, George Barcus, Tarpon Circle, J. Giurato, Howell Creek Dr., Gene Dorman, Northern Way, H. Wilkinson, Gator Lane, Betty Shorthouse, Oxbow Lane and Pat Valillo, spoke in discussion. Planning & Zoning Board Recommendations: Amendment to a preliminary development plan - Shepard Oaks/Cardinal Industries: This property was annexed into the City by Sid Vihlen, and has now been purchased by Cardinal Industries. The problem with the project is a lack of sewer and water. Planning & Zoning Board has recommended approval. Traffic on Shepard Road was discussed. . Motion was made by Commissioner Hoffmann to approve the preliminary development plan. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Dittmer Project: The City Planner explained that we have a final development plan with preliminary engineering; and it has been indicated that the City would have the engineering by December 18th. Mr. Cowell said he did review the site and it is about 90% completed. Attorney Kruppenbacher reported that there is a particular portion of the property which is to be dedicated to the Homeowners Association, and that process should be completed no later than the first week in January. Mr. Brian Rush, Summerland Ave., spoke to Mr. Dittmer; he said their concern was they did not want to tie in with his main thoroughfare; Mr. Dittmer assured the homeowners that he does not want to tie in; has no objection to the vacating of the street.Mr. Ron Woods, Mr. Dittmer's engineer spoke. Motion by Jacobs to grant an extension until the second meeting in January. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Commissioner Kulbes summarized the action just taken authorized Mr. Dittmer to complete the berm and to continue working on his engineering plans; have them submitted no later than the 18th of December. The Staff will review the engineering between the 18th of December and January 27th, when it will be on the Agenda for the major extension. . Corrected per minutes of 1/13/86 Regular Meeting, City Commission, Dec. 9, 1985 Page 3 85-86-7 . Motion was made by Commissioner Jacobs to adopt Ord. No. 335. The reason the Commission went for this ordinance the service we received was overall very good; the three year contract; the rates that we have established $2.85 commercial and $9.00 for residential is probably less than any contractor; I.W.S. has proven themselves. Seconded by Commissioner Trencher for discussion. Discussion. In discussion Commissioner Kaehler wanted it reflected in the minutes that she wanted to go out for bid and that she received a proposal that was less than Industrial Waste Services. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, no; motion carried. Discussion of Imara Lawsuit Decision: Attorney Drew Thomas, attorney for the City on this lawsuit was present. Ray Bradshaw, Hayes Road, asked if the City will have to post a bond for damages if they decide to appeal the decision. George Weigle, Northern Way, Bob Williams, Elk Court, Al Decker, Oxbow Lane, George Barcus, Tarpon Circle, J. Giurato, Howell Creek Dr., Gene Dorman, Northern Way, H. Wilkinson, Gator Lane, Betty Shorthouse, Oxbow Lane and Pat Valillo, spoke in discussion. Planning & Zoning Board Recommendations: Amendment to a preliminary development plan - Shepard Oaks/Cardinal Industries: This property was annexed into the City by Sid Vihlen, and has now been purchased by Cardinal Industries. The problem with the project is a lack of sewer and water. Planning & Zoning Board has recommended approval. Traffic on Shepard Road was discussed. . Motion was made by Commissioner Hoffmann to approve the preliminary development plan. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aey; Commissioner Trencher, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Dittmer Project: The City Planner explained that we have a final development plan with preliminary engineering; and it has been indicated that the City would have the engineering by December 18th. Mr. Cowell said he did review the site and it is about 90% completed. Attorney Kruppenbacher reported that there is a particular portion of the property which is to be dedicated to the Homeowners Association, and that process should be completed no later than the first week in January. Mr. Brian Rush, Summerland Ave., spoke to Mr. Dittmer; he said their concern was they did not want to tie in with his main thoroughfare; Mr. Dittmer assured the homeowners that he does not want to tie in; has no objection to the vacating of the street. Mr. Ron Woods, Mr. Dittmer's engineer spoke. Motion by Jacobs to grant an extension until the second meeting in January. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Commissioner Kulbes summarized the action just taken authorized Mr. Dittmer to complete the berm and to continue working on his engineering plans; have them submitted no later than the 18th of December. The Staff will review the engineering between the 18th of December and January 27th, when it will be on the Agenda for the major extension. . Regular Meeting, City Commission, Dec. 9, 1985 Page 4 85-86-7 . Barnett Bank Temporary Facility - Mat Job: Motion was made by Commissioner Jacobs to grant a final extension until March 31, 1986 and that the sodding on the easement after they have added the sidewalk be completed within the next 30 days as it has still not been done. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Resolution No. 523, requesting the Seminole County Legislative Delegation to reject or withdraw the proposed Stormwater Management Bill, etc.: Attorney Kruppenbacher read Resolution No. 523 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 523. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioenr Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. First Reading of Ord. No. 338, 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, etc.: Motion was made by Commissioner Jacobs to read Ord. No. 338 by title only on first reading. Seconded by Commissioner Hoffmann. Discussion. The Commission was in agreement to change to a one year moratorium. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Attorney Kruppenbacher read Ord. No. 338 by title only on first reading. . Resolution No. 524, expressing appreciation to Jim Hartman: Motion was made by Commissioner Jacobs to read Resolution No. 524, 525, 526 and 527 by title only. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Jacobs, aey; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Attorney Kruppenbacher read each resolution by title only. Motion was made by Commissioner Jacobs to approve Resolution No. 524. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioenr Trencher, aye; Commissioner Kaehler, abstain; motion carried. Motion was made by Commissioner Jacobs to approve Resolution No. 525. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Motion was made by Commissioner Jacobs to approve Resolution No. 526. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . Motion was made by Commissioner Jacobs to approve Resolution No. 527. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. . . . Regular Meeting, City Commission, Dec. 9, 1985 Page 5 85-86-7 City Manager - Riochard Rozansky: Report from Attorney on Florida Public Utilities lawsuit: Attorney Kruppenbacher said we are waiting for the signed documents (settlement agreement) to be returned from Florida Public Utilities, Inc. Resolution No. 528, appreciation to Civic Association: Attorney Kruppenbacher read Resolution No. 528 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 528. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aey; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Bid Opening-automated fuel control and data acquisition system: Motion was made by Commissioner Jacobs to accept the bid from Peico in the amount of $13,054.00. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Landlcearing Request/Ken Martin/Lee Munizzi: Motion was made by Commissioner Kulbes that we deny the request of Ken Martin Construction and Lee Munizzi to clear the land as it is unnecessary to do all that work to get a soil's analysis boring test. Staff will notify tomorrow by letter. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Reports: Manager Rozansky said he received a note from the Board of Adjustment requesting the December check to be in the amount of $49.00. There was no objection from the Commission. Manager Rozansky said in the budget the carryall in the amount of $13,115.00. has been an increase of $648.00. There another Line Code. Fire Department was authorized to buy the The new Bid List has been received and there was no objection to take this amount from Manager Rozansky said Tim Lallathin has been promoted as Assistant Fire Chief, FS-9; he will be placed in the non-allocated position. Commission Seat I - Cindy Kaehler: Commissioner Kaehler said on her vote on Resolution No. 524, upon the advice of the City Attorney, she asked the vote be changed from abstention to no. Commissioner Kaehler spoke about the memo dated Oct. 21, 1985 from the Building Official in reference to building fees; the City Manager is to ask the Building Official to present figures to bring our fees up in line with surrounding cities. Commissioner Kaehler asked the City Manager to apprise the Commission what action has taken place on the requests of residents that are brought up under Public Input. Commissioner Kaehler asked if flashing lights could be installed on S.R. 419 at the curve. ~ . Regular Meeting, City Commission, Dec. 9, 1985 Page 6 85-86-7 . Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann said he attended the committee meeting of Finance and Taxation of the Florida League of Cities in Tampa on Dec. 5, 1985. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes said he supports Mr. Cerra's request for a charter revision committee. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked the status of the driveway at the school and Sheoah Boulevard; the plans have been sent to DeLand to the Dept. of Transportation for their approval; there will be a meeting on Friday. Commissioner Jacobs said he also supports a charter revision committee. Commission Seat V - Martin Trencher: Commissioner Trencher spoke about the memo he distributed to the Commission in reference to his growth management plan. Mayor's Office: Election of Deputy Mayor: Commissioner Kaehler nominated Commissioner Hoffmann for deputy mayor. Failed for lack of a second. Commissioner Trencher nominated Commissioner Jacobs for Deputy Mayor. Seconded by Commissioner Hoffmann. Vote: Commissioner Kaehler, no; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. . Mayor Torcaso appointed Cindy Kaehler to the East Central Florida Regional Planning Council, for a three year term. Motion was made by Commissioner Kulbes to have Commissioner Kaehler fill the vacated slot of Commissioner Hartman on the E.C.F.R.P.C. Motion failed for lack of a second. Commissioner Kaehler declined the appointment. Commissioner Jacobs nominated Commissioner Hoffmann to the E.C.F.R.P.C. Seconded by Commissioner Trencher. Vote: Commissioner Kulbes, no; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, no; motion carried. Meeting was adjourned 11:20 p. m. Respectfully submitted, ./ ~;:~ Mary T. Norton, City Clerk ,MAYOR I \...., , 85-86-7 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS DECEMBER 9, 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: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present The invocation was given by Commissioner Cindy Kaehler. The pledge of allegiance to the flag was led by Commissioner Martin Trencher. Motion was made by Commissioner Ku1bes to approve the minutes of the Regular Meeting of November 25, 1985. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Public Input: Attorney Drew Thomas spoke about the decision of the Imara Lawsuit. He reported that a final judgment has not been rendered. Attorney Thomas said an appeal at this time is premature; you have 30 days to appeal after the written decree has been signed by the judge. Attorney Thomas said he felt we had a very strong case: first, the twelve unit per acre condominiums are clearly not compatible with low density single family residential structures; secondly there were deficiencies in the engineering plans that had been submitted by Imara; third, the very serious negative impact this high density development would have on the roads and transporta- tion systems, not only leading in and out of Winter Springs, but in the City itself. Also the negative impact on the schools. He spoke about the Schmitz and Kissling applications, and that the proposed development was incompatible with the Compre- hensive Plan, the land use element of the Comprehensive Plan. Art Harris, Sable Court, spoke about the lawsuit. Ben Kaplan, Burgos Road, spoke about the Hazardous Waste appeal and felt the City should be represented by an attorney. Kathleen DeGrenia, Highlands, spoke about cutting down trees on Big Cypress Golf Course. G. Barcus, Tarpon Circle, spoke about the Imara lawsuit decision. Bob Francis, Turkey Hollow circle, problem obtaining cablevision. Elliott Rogers, Night Hawk Circle, problem obtaining cablevision. Larry Cerra, Blue Spruce Court, talked about the Commission appointing a Charter Revision Commission. Motion was made by Commissioner Ku1bes, seconded by Commissioner Jacobs to place Ord. No. 337 on the Agenda. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Ku1bes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Regular Meeting, City Commission, Dec. 9, 1985 Page 2 85-86-7 Attorney Kruppenbacher read Ord. No. 337 by title only. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. George Barcus, Tarpon Circle, spoke in favor of the ordinance. Mayor Torcaso closed the Public Hearing and re- convened the Commission Meeting. Motion was made by Commissioner Trencher to adopt for emergency leglis1ation Ord. No. 337 (the reason is an emergency due to the Commission's opinion that the public safety, health and welfare needs to be protected by assuring that damage to the environment, ecology; the trees as sought to be protected under 337 is necessary to pass this at this time) and that it would expire upon formal adoption. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. General Agenda: Public Hearing for Ord. No. 332, annexation requested by Samuel W. and Esther M. Elsea (Lots 25 + E 24 ft. of S 200 ft. of Lot 24 Entz. Farms Add. No.3, P. B. 6, Pg. 27, P.R. of Sem. Co., Fl. Second Reading: Attorney Kruppenbacher read Ord. No. 332 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. City Planner Peter Cowell explained it is an 8 acre parcel on Florida Avenue just south of and east of the Wildwood Planned Unit Development and abutting the Highlands Planned Unit Development on the west. The zoning classification requested is C-2. Mr. Cowell explained there is a majority of C-2 uses along Florida Avenue. No one spoke for or against the ordinance. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Manager Rozansky recommended Section 2 of the ordinance be corrected to read C-Z. Motion was made by Commissioner Jacobs to adopt Ord. No. 332 as corrected. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Public Hearing for Ord. No. 333, annexation requested by Lake Pickett Properties, (Lots 11, 12, & 13, B1k. B, D. R. Mitchell's Survey of the Levy Grant, P. B. 1, Pg. 5, P.R. of Seminole Co., Fl. Second Reading.: Attorney Kruppenbacher read Ord. No. 333 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. Planning and Zoning Board has recommended approval. No one spoke for 01 agaiLst the ordinance. Mayor Torcaso closed the public hearing and reconvened the commission meeting. Motion was made by Commissioner Jacobs to adopt Ord. No. 333. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Public Hearing for Ord. No. 335, granting the refuse contract between City of Winter Springs and Industrial Waste Services, Inc. Second Reading. Attorney Kruppenbacher read Ord. No. 335 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. Art Harris, Sable Court, asked about the hours of pickup. Mayor Torcaso closed the public hearing and reconvened the commission meeting. Regular Meeting, City Commission, Dec. 9, 1985 Page 3 85-86-7 Motion was made by Commissioner Jacobs to adopt Ord. No. 335. The reason the Commisison went for this ordinance the service we received was overall very good; the three year contract; the rates that we have established $2.85 commercial and $9.00 for residential is probably less than any contractor; I.W.S. has proven themselves. Seconded by Commissioner Trencher for discussion. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Ku1bes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, n~ motion carried. Discussion of Imara Lawsuit Decision: Attorney Drew Thomas, attorney for the City on this lawsuit was present. Ray Bradshaw, Hayes Road, asked if the City will have to post a bond for damages if they decide to appeal the decision. George Weigle, Northern Way, Bob Williams, Elk Court, Al Decker, Oxbow Lane, George Barcus, Tarpon Circle, J. Giurato, Howell Creek Dr., Gene Dorman, Northern Way, H. Wilkinson, Gator Lane, Betty Shorthouse, Oxbow Lane and Pat Va1i1lo, spoke in discussion. Planning & Zoning Board Recommendations: Amendment to a preliminary development plan - Shepard Oaks/Cardinal Industries: This property was annexed into the City by Sid Vihlen, and has now been purchased by Cardinal Industries. The problem with the project is a lack of sewer and water. Planning & Zoning Board has recommended approval. Traffic on Shepard Road was discussed. Motion was made by Commissioner Hoffmann to approve the preliminary development plan. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Dittmer Project: The City Planner explained that we have a final development plan with preliminary engineering; and it has been indicated that the City would have the engineering by December 18th. Mr. Cowell said he did review the site and it is about 90% completed. Attorney Kruppenbacher reported that there is a particular portion of the property which is to be dedicated to the Homeowners Association, and that process should be completed no later than the first week in January. Mr. Brian Rush, Summerland Ave., spoke to Mr. Dittmer; he said their concern was they did not want to tie in with his main thoroughfare; Mr. Dittmer assured the homeowners that he does not want to tie in; has no objection to the vacating of the street.Mr. Ron Woods, Mr. Dittmer's engineer spoke. Motion by Jacobs to grant an extension until the second meeting in January. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Ku1bes, aye; motion carried. Commissioner Kulbes summarized the action just taken authorized Mr. Dittmer to complete the berm and to continue working on his engineering plans; have them submitted no later than the 18th of December. The Staff will review the engineering between the 18th of December and January 27th, when it will be on the Agenda for the major extension. Corrected per minutes of 1/13/86 Regular Meeting, City Commission, Dec. 9, 1985 Page 3 85-86-7 Motion was made by Commissioner Jacobs to adopt Ord. No. 335. The reason the Commission went for this ordinance the service we received was overall very good; the three year contract; the rates that we have established $2.85 commercial and $9.00 for residential is probably less than any contractor; I.W.S. has proven themselves. Seconded by Commissioner Trencher for discussion. Discussion. In discussion Commissioner Kaehler wanted it reflected in the minutes that she wanted to go out for bid and that she received a proposal that was less than Industrial Waste Services. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Ku1bes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, no; motion carried. Discussion of Imara Lawsuit Decision: Attorney Drew Thomas, attorney for the City on this lawsuit was present. Ray Bradshaw, Hayes Road, asked if the City will have to post a bond for damages if they decide to appeal the decision. George Weigle, Northern Way, Bob Williams, Elk Court, A1 Decker, Oxbow Lane, George Barcus, Tarpon Circle, J. Giurato, Howell Creek Dr., Gene Dorman, Northern Way, H. Wilkinson, Gator Lane, Betty Shorthouse, Oxbow Lane and Pat Va1i110, spoke in discussion. Planning & Zoning Board Recommendations: Amendment to a preliminary development plan - Shepard Oaks/Cardinal Industries: This property was annexed into the City by Sid Vihlen, and has now been purchased by Cardinal Industries. The problem with the project is a lack of sewer and water. Planning & Zoning Board has recommended approval. Traffic on Shepard Road was discussed. Motion was made by Commissioner Hoffmann to approve the preliminary development plan. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aey; Commissioner Trencher, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Dittmer Project: The City Planner explained that we have a final development plan with preliminary engineering; and it has been indicated that the City would have the engineering by December 18th. Mr. Cowell said he did review the site and it is about 90% completed. Attorney Kruppenbacher reported that there is a particular portion of the property which is to be dedicated to the Homeowners Association, and that process should be completed no later than the first week in January. Mr. Brian Rush, Summer1and Ave., spoke to Mr. Dittmer; he said their concern was they did not want to tie in with his main thoroughfare; Mr. Dittmer assured the homeowners that he does not want to tie in; has no objection to the vacating of the street. Mr. Ron Woods, Mr. Dittmer's engineer spoke. Motion by Jacobs to grant an extension until the second meeting in January. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Commissioner Kulbes summarized the action just taken authorized Mr. Dittmer to complete the berm and to continue working on his engineering plans; have them submitted no later than the 18th of December. The Staff will review the engineering between the 18th of December and January 27th, when it will be on the Agenda for the major extension. Regular Meeting, City Commission, Dec. 9, 1985 Page 4 85-86-7 Barnett Bank Temporary Facility - Mat Job: Motion was made by Commissioner Jacobs to grant a final extension until March 31, 1986 and that the sodding on the easement after they have added the sidewalk be completed within the next 30 days as it has still not been done. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Ku1bes, aye; Commissioner Jacobs, aye; motion carried. Resolution No. 523, requesting the Seminole County Legislative Delegation to reject or withdraw the proposed Stormwater Management Bill, etc.: Attorney Kruppenbacher read Resolution No. 523 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 523. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioenr Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. First Reading of Ord. No. 338, 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, etc.: Motion was made by Commissioner Jacobs to read Ord. No. 338 by title only on first reading. Seconded by Commissioner Hoffmann. Discussion. The Commission was in agreement to change to a one year moratorium. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Attorney Kruppenbacher read Ord. No. 338 by title only on first reading. Resolution No. 524, expressing appreciation to Jim Hartman: Motion was made by Commissioner Jacobs to read Resolution No. 524, 525, 526 and 527 by title only. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Jacobs, aey; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Ku1bes, aye; motion carried. Attorney Kruppenbacher read each resolution by title only. Motion was made by Commissioner Jacobs to approve Resolution No. 524. Seconded by Commissioner Ku1bes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Ku1bes, aye; Commissioner Jacobs, aye; Commissioenr Trencher, aye; Commissioner Kaehler, abstain; motion carried. Motion was made by Commissioner Jacobs to approve Resolution No. 525. Seconded by Commissioner Ku1bes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Motion was made by Commissioner Jacobs to approve Resolution No. 526. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Jacobs to approve Resolution No. 527. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Regular Meeting, City Commission, Dec. 9, 1985 Page 5 85-86-7 City Manager - Riochard Rozansky: Report from Attorney on Florida Public Utilities lawsuit: Attorney Kruppenbacher said we are waiting for the signed documents (settlement agreement) to be returned from Florida Public Utilities, Inc. Resolution No. 528, appreciation to Civic Association: Attorney Kruppenbacher read Resolution No. 528 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 528. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aey; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Bid Opening-automated fuel control and data acquisition system: Motion was made by Commissioner Jacobs to accept the bid from Peico in the amount of $13,054.00. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Landlcearing Request/Ken Martin/Lee Munizzi: Motion was made by Commissioner Kulbes that we deny the request of Ken Martin Construction and Lee Munizzi to clear the land as it is unnecessary to do all that work to get a soil's analysis boring test. Staff will notify tomorrow by letter. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Reports: Manager Rozansky said he received a note from the Board of Adjustment requesting the December check to be in the amount of $49.00. There was no objection from the Commission. Manager Rozansky said in the budget the carryall in the amount of $13,115.00. has been an increase of $648.00. There another Line Code. Fire Department was authorized to buy the The new Bid List has been received and there was no objection to take this amount from Manager Rozansky said Tim La1lathin has been promoted as Assistant Fire Chief, FS-9; he will be placed in the non-allocated position. Commission Seat I - Cindy Kaehler: Commissioner Kaehler said on her vote on Resolution No. 524, upon the advice of the City Attorney, she asked the vote be changed from abstention to no. Commissioner Kaehler spoke about the memo dated Oct. 21, 1985 from the Building Official in reference to building fees; the City Manager is to ask the Building Official to present figures to bring our fees up in line with surrounding cities. Commissioner Kaehler asked the City Manager to apprise the Commission what action has taken place on the requests of residents that are brought up under Public Input. Commissioner Kaehler asked if flashing lights could be installed on S.R. 419 at the curve. Regular Meeting, City Commission, Dec. 9, 1985 Page 6 85-86-7 Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann said he attended the committee meeting of Finance and Taxation of the Florida League of Cities in Tampa on Dec. 5, 1985. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes said he supports Mr. Cerra's request for a charter revision committee. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked the status of the driveway at the school and Sheoah Boulevard; the plans have been sent to DeLand to the Dept. of Transportation for their approval; there will be a meeting on Friday. Commissioner Jacobs said he also supports a charter revision committee. Commission Seat V - Martin Trencher: Commissioner Trencher spoke about the memo he distributed to the Commission in reference to his growth management plan. Mayor's Office: Election of Deputy Mayor: Commissioner Kaehler nominated Commissioner Hoffmann for deputy mayor. Failed for lack of a second. Commissioner Trencher nominated Commissioner Jacobs for Deputy Mayor. Seconded by Commissioner Hoffmann. Vote: Commissioner Kaehler, no; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Mayor Torcaso appointed Cindy Kaehler to the East Central Florida Regional Planning Council, for a three year term. Motion was made by Commissioner Kulbes to have Commissioner Kaehler fill the vacated slot of Commissioner Hartman on the E.C.F.R.P.C. Motion failed for lack of a second. Commissioner Kaehler declined the appointment. Commissioner Jacobs nominated Commissioner Hoffmann to the E.C.F.R.P.C. Seconded by Commissioner Trencher. Vote: Commissioner Ku1bes, no; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, no; motion carried. Meeting was adjourned 11:20 p. m. Respectfully submitted, ~;:~ Mary T. Norton, City Clerk ,MAYOR I \...., ,