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HomeMy WebLinkAbout1986 01 13 City Commission Regular Minutes l 85-86-8 . . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 13, 1986 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 Arthur Hoffmann. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Public Input: Mayor Torcaso presented Resolutions of Appreciation and plaques to former City Commissioners Jim Hartman, Burley Adkins and Leanne Grove. The Mayor presented a resolution of appreciation to Ruthann Gunter in behalf of the Civic Association for the outstanding holiday parade. Mr. Tom Dougherty was not present to receive his resolution of appreciation. . Motion was made by Commissioner Jacobs to approve the minutes of December 9, 1985. Seconded by Commissioner Trencher. In discussion Commissioner Kaehler asked the minutes be corrected to reflect that she wanted to go out for bids 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, aye; motion carried. Mr. Burt Tisher, Coral Way, spoke about a problem with his septic system. The City Manager said we would look at the problem. Mrs. McBicar, Hacienda Village, spoke about the letter the City Manager wrote to Mr. Jacobson in regards to the flooding of property in Hacienda Village. The City Manager said we will see what we can do. Mike Jones asked about the appeal that is pending on the Jacobson wall; Herb Watson, Panama Road, asked about getting cablevision on his street. Bill Roseland, Hacienda Village, spoke about the construction and burning that is going on behind Hacienda Village. Mr. Barker, Tarpon Circle, asked about the Imara lawsuit. Bill Innamen, Moree Loop, spoke about Moree Loop, and that construction trucks are ruining the road. General Agenda: Motion was made by Commissioner Trencher to put the Jacobson wall on the agenda. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commisisoner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, no; Commissioner Hoffmann, aye; motion carried. . . 1 Regular Meeting, City Commission, January 13, 1986 Page 2 85-86-8 . Attorney Kruppenbacher asked the Commission if they decide to withdraw the appeal that they stipulate the condition that Mr. Jones at this time furnish the City with and that we will furnish them with mutual releases so that we do not find ourselves in a liability situation 30 days from now. Motion was made by Commissioner Trencher that we accept the letter of January 13, 1986 from Sam Smith to the City Manager and according to the Attorney's instructions concerning the discussion between him and Mr. Jones concerning the necessary re- leases, that we ask the City Attorney to cease at this point from pursuing the appeal any further. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, no; Commissioner Hoffmann, no; Commissioner Kulbes, no; motion failed. Motion was made by Commissioner Hoffmann that if and when we receive the oplnlon from Mr. Stevens and it is in the affirmative, that we then continue as the Attorney has agreed to and do not continue with the suit. 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. Attorney opinion, select? Kruppenbacher asked the Commission if we cannot get Mr. Stevens to render an will the Commission accept a letter from an independent engineer that we The Commission was in agreement. . Greenbriar Development clarification: Mr. McCarthy, representing LeCesse Corporation explained that approval was given by the City Commission about 1 year ago, after having gone through Staff and Planning & Zoning, to build a product that was attached 3, 4, 5, and 6 units to a building. After breaking ground there were problems with water and the building was stopped. A study was made and a new product was designed, individual zero lot lines, detached with a separation of about 5 feet between the buildings. The City Planner explained there is now a problem with density, and Sec. 44.85.9 requires that any change to a final development plan must first go to Staff and Planning & Zoning. The Planner referred to changes in Sec. 44.85.7, (12), (7) and (8). If the Planning & Zoning Board determines these are not substantial changes, then the issue is mute; if it is determined to be otherwise, then it will have to come back to the Commission. Motion was made by Commissioner Trencher to request Planning & Zoning Board to have a special meeting to consider the changes to the final development plan of LeCesse Corp. 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. Attorney Kruppenbacher asked the Commission if they would approve our revlslng all the applications as well as presenting any developer in the City a statement that basically no verbal representation would bind the City in any way. Commission was in agreement. . . Regular Meeting, City Commisison, January 13, 1986 Page 3 85-86-8 . Commissioner Trencher suggested the Commission should direct the City Manager to direct the Staff to make no verbal commitements whatsoever on anything. If commitements are not in writing, they are not made. Appeal from Board of Adjustment by Seminole Utility-to be continued. Public Hearing for Ord. No. 334, annexation of Lots 1 and 2, Lew-Jim subdvn. and east 361.5 ft. of Lot 7, Blk. A, Johnson Poultry Farms,etc. Second Reading (Robert W.Baxley) Attorney Kruppenbacher read Ord. No. 334 by title only on second reading. The City Planner explained that the property is to remain at its present zoning until the Comprehensive Land Use Plan is updated, at which time they have the tentative zoning of C-l for the two lots in the Lew-Jim subdivision and C-2 zoning for Lot 7, Blk. A, Johnson Poultry Farms. Staff and Planning and Zoning have recommended approval. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to adopt Ord. No. 334. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Mrs. Emily Powell, 260 Bahama Road -possible violation of Commission Action of 9/11/84: Motion was made by Commissioner Kulbes that Mrs. Powell be found not in violation of the Code and that she be allowed to continue under the previous 5 handicapped children that she was given authority to use. Seconded by Commissioner Kaehler. Motion and second were withdrawn. . No action was taken. After discussion it was determined there was no violation of the City Code. Planning & Zoning Board recommendations of Dec. 11, 1985: 1. Annexation and change of zoning - Ruby J. Shane - Staff and Planning & Zoning have recommended approval. 2. Annexation of Lewis and Juanita D. Blumberg-present zoning is agricultural and the zoning is to be determined at the time the Comprehensive Land Use Plan is formally adopted for the area. First reading of Ord. No. 339 annexation of Lot 28, Entz. Farms Add. No.2, etc. (Ruby J. Shane): Motion was made by Commissioner Jacobs to read Ord. No. 339 by title only on first reading. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Attorney Kruppenbacher read Ord. No. 339 by title only on first reading. . First Reading of Ord. No. 340 annexation of Lots 29 & 30, Blk. B, D.R.Mitchell's Survey of the Levy Grant, etc. (lewis & Juanita D.Blumberg) Motion was made by Commissioner Kulbes to read Ord. No. 340 by title only on first reading. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . . Regular Meeting, City Commission, January 13, 1986 Page 4 85-86-8 Attorney Kruppenbacher read Ord. No. 340 by title only on first reading. Planning & Zoning Board Recommendations of Jan. 8, 1986: Change of zoning - Willie G. and Joy T. Martin - Staff and Planning & Zoning have recommended approval of the rezoning from R-l to C-l. First Reading of Ord. No. 341, change of zoning (Willie G. and Joy T. Martin): Motion was made by Commissioner Kulbes to read Ord. No. 341 by title only. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, absent; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Attorney Kruppenbacher read Ord. No. 341 by title only. . Final Development Plan/Preliminary Engineering Plan-St. Stephen's Catholic Church: This is on a ten acre site; the first phase of the property is to be the sanctuary, the exterior of the chapel and the first portion of the administration building. The second phase to be the interior of the chapel and the third phase the completion of the parish hall and the classroom building. This is to be a Sunday school classroom building. The Fire Chief has stated that he can maintain a flow for a 60 foot structure and as the ladder height will be 35 feet for the other two buildings, that will also be acceptable. The parking has been found to be acceptable. The only concern was the desireability of a 60 foot structure in Tuscawilla. No opposition was received. Motion was made by Commissioner Trencher to accept the recommendations of the Planning and Zoning Board and accept the plans as submitted. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Request for vacation of easement - Lot 113 Wildwood PUD-Meadows: Motion was made by Commissioner Kulbes that we draw up an ordinance to vacate the 8.3 feet in the Wildwood P.U.D., Lot 113. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Redivision of platted property, Sec. l4-3.l-Phil Diorio: Motion was made by Commissioner Jacobs to authorize the replatting as requested. 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. Mosley Plat: In May the Commission allowed Mr. Tom Binford acting as agent for I.G.A. to request a quasi-lot split in "Horseshoe Acres". At that time Staff had expressed some concerns with the sale of land that had not been platted. Dr. Mosley has now requested to get utilities put on the property and develop structures to be known as Brookshire Farms. Therefore, prior to being able to do that Dr. Mosley is requesting Commission approval of the plat. . Motion was made by Commissioner Hoffmann to approve the platting. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; 1 Regular Meeting, City Commission, January 13, 1986 Page 5 85-86-8 . Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. City Manager - Richard Rozansky: Bid opening- mini pumper and fold-up beds for Fire Dept.: The Fire Chief has recommended and the City Manager concurs that the bid from Pierce Manufacturing Co., in the amount of $42,558.50 (Ford) for the mini pumper be accepted and the bid from Thomas W. Ruff Co., in the amount of $12,441.00 for the Murphy Beds be accepted. Motion was made by Commissioner Jacobs that we accept the bids as presented on the Murphy beds and mini pumper. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Appointment of Trustees to pension plan: Manager Rozansky said this will be on the Agenda for the next meeting for action. The present appointments expire Feb. 22, 1986. Manager Rozansky reported that the Recreation Center is approximately three to four weeks away from completion. Approximately $17,000 of the $25,000 has been spent; most of the work has been done in-house. Mr. Glenn Whitsett is working on the programs; the Staff is working on the fee schedule. The Commission suggested the name be the Winter Springs Civic Center. . On the municipal complex our City Engineer is negotiating with Mr. Hampton on the driveway. Our engineer feels that we should use concrete and they want to use 6" soil cement. Manager Rozansky said we are talking with Mr. Civitello about the remedial things. We are still holding $11,202.00. The finance report was distributed today. City Attorney, Frank Kruppenbacher: Attorney Kruppenbacher was advised by Attorney Drew Thomas that the Judge on the Imara Lawsuit will hold a hearing on Jan. 21 to decide what would be contained within the final order. Thereafter, Attorney Thomas can preserve the City's appellate arguments by filing a Notice of Appeal. Attorney Kruppenbacher recommended the City consult with an appellate expert and have the appellate expert attend the Hearing with Mr. Thomas. Attorney Kruppenbacher recommended that if the City is considering the Appeal, the City seek to retain Marsha Lippincott. Commissioner Trencher asked if we could ask Attorney Lippincott to render an opinion based upon that Hearing whether or not we really have a case to appeal. Attorney Kruppenbacher said he would ask her if she will advise the Commission as to her perspective on the ability to appeal the case. Commission Seat I - Cindy Kaehler: Commissioner Kaehler said she feels we most definitely do need a Charter Revision Commission. . Commissioner Kaehler discussed her memo to the City Manager in reference to her open door policy. Commissioner Kaehler asked Manager Rozansky to answer, for the record, Regular Meeting, City Commission, January 13, 1986 Page 6 85-86-8 . what is privileged information. Manager Rozansky answered that he thinks privileged information is when an elected member goes to an individual employee of this City and uses that employee's time and effort solely to gain information or to get that employee some way involved in the local intra-politics between Commissioners. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann asked the Commission to review the recommendations of the CALNO committee for the allocation of the gas tax. This will be on the Agenda for the next meeting as the Council of Local Governmentments in Seminole County will be meeting on the 29th to come up with a decision. Commissioner Hoffmann resigned as the City's representative on the Council of Local Governments in Seminole County and will serve on the East Central Florida Regional Planning Council. Mayor Torcaso appointed Commissioner Kulbes to the Council of Local Governments in Seminole County. Motion was made by Commissioner Jacobs to accept the appointment of Commissioner Kulbes on CALNO. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. . Commissioner Hoffmann said he will attend the second meeting of the Committee on Finance and Taxation of the FLC on Friday, to make final recommendations to the Governor and the Legislature concerning means of improving the taxing authority of cities in light of the problem of the federal government reducing the federal revenue sharing formula. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes reported several people called him about drainage problems on Oak and Mockingbird Lane. Before the City could do anything, the residents would have to give the City an easement. Commission Seat IV - William A. Jacobs: Commissioner Jacobs spoke about nomination of Trustees to the Municipal Pension Trust Fund. Commission Seat V - Martin Trencher: Commissioner Trencher spoke about his memo concerning some suggestions on a growth management plan. Commissioner Trencher said if the Commission does agree in concept with the idea of developing a growth management plan and organizing a growth management board, that the City Attorney be asked to research how other municipalities have handled this particular subject in the State of Florida, ask the Mayor to schedule some workshops to put together some ideas of the members of the Commission, and following those workshops formally adopt some type of resolution to move ahead with the concept. Mayor Torcaso said he will set up a workshop meeting. Commissioner Trencher spoke about the Commission/Manager form of government. He said he is very concerned about the current atmosphere that exists in terms of this Commission and Staff. Commissioner Trencher asked for the Commission's approval to ask the City Attorney to draft a policy that both this Commission and City Manager can live with . Regular Meeting, City Commission, January 13, 1986 Page 7 85-86-8 . so that we have a clear understanding of responsibilities of the City Manager and the City Commission. Attorney Kruppenbacher said he would draft a policy and would get with each Commissioner before he writes it. Meeting was adjourned 11:35 p. m. Respectfully submitted, ~r.~ Mary T. Norton, City Clerk Approved: ,MAYOR . .