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HomeMy WebLinkAbout1986 12 08 City Commission Regular Minutes ~ AMENDED MINUTES 86-87-5 A . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS DECEMBER 8, 1986 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: Cindy Kaehler, present Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present The invocation was given by Commissioner Philip A. Kulbes. The pledge of allegiance to the flag was led by Commissioner Martin Trencher. Motion was made by Commissioner Jacobs to approve the minutes of Nov. 24, 1986. Seconded by Commissioner Hoffmann. Discussion. In discussion Commissioner Kaehler requested it be reflected in the minutes to show that Mr. Binford would pay for the property being vacated. Vote on the motion as amended: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Ie Public Input: Presentation of Certificates of Appreciation: Mayor Torcaso presented certificates of appreciation to the Winter Springs Recreation Department, the V.F. W., Winter Springs Civic Association, Winter Springs Public Works Department and to Commissioner Martin Trencher for their participation and assistance in the many civic affairs including the Holiday Parade. Mayor Torcaso also thanked all the other departments who assisted in the Holiday Parade. Bob Harkins, Fisher Road, spoke about the problem with the McDowell property on Tradewinds Road. Helen Powell, Hacienda Village, asked when we would be getting a traffic light on Hayes Road and S.R. 434. General Agenda: Public Hearing for Ordinance No. 355, repealing Art. II. Waste Water System Sec. 16-21 through 16-32; providing for the adoption of new Art. II. Waste Water System Sec. 16-31 through 16-32, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 355 by title only on second reading. Mayor Torcaso recessed the Commission meeting and opened the public hearing. Mr. Terry Zaudtke, the City's consulting engineer was present. Mr. Dick McGuire, Panama Road and Mr. Harkins spoke in discussion in reference to page 4, Sec. l6.23(a). Mayor Torcaso closed the public hearing and reconvened the Commission meeting. . Motion was made by Commissioner Jacobs to adopt Ord. No. 355. 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. . Regular Meeting, City Commission, Dec. 8, 1986 Page 2 86-87-5A Public Hearing for Ord. No. 356, repealing Art. III, User Fees and Charges, Sec. 16-41 through Sec. 16-51; providing for the adoption of a new Art. III. User Fees and Charges, Sec. 16-41 through Sec. 16-51, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 356 by title only on second reading. Mayor Torcaso recessed the Commission meeting and opened the public hearing. No one spoke for or against the ordinance. Manager Rozansky asked the following sentence be added to Sec. l6-45(d): This fee in total shall be due in full not later than 30 days after the first day of the fiscal year or 30 days from the date of availability and acceptance of capacity. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs for the adoption of Ord. No. 356 as amended by the City Manager in Sec. l6-45(d). 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. Public Hearing for Ord. No. 357, providing for the adoption of a Revenue Generation System pursuant to Sec. 17-50.017 Florida Administrative Code, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 357 by title only on second reading. 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 Hoffmann for adoption of Ord. No. 357. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commisisoner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes,aye; Commissioner Jacobs, aye; motion carried. Public Hearing for Ord. No. 358, amending the Comprehensive Plan and providing for the addition of annexed property to the land use map at Commercial classification, etc. Second Reading. (Raymond Khoshnon, Trustee for M.Bager Farahbaksh & Farhang Sepassi): Attorney Kruppenbacher read Ord. No. 358 by title only on second reading. Attorney Kruppenbacher stated that as of yet he is not in receipt of the written comments from the Department of Community Affairs. He stated that the law technically requires that in adopting the proposed amendments that the Commission review these written comments. He stated that he was advised by the Department of Community Affairs verbally as late as this afternoon again, that there is no objection to the proposed changes and that the letter is held up in their typing system. Kruppenbacher stated that that being the case we propose that you go forward as follows: If you decide to approve these tonight; to approve each one subject to the receipt of the written comments from the Department of Community Affairs stating that there is no objection and at the same time schedule a special Public Hearing for next Monday night at 7:00 p.m., and this would be a continuation of these four items. He stated that the City should get the letter this week, and if as represented that Hearing on Monday can be canceled. If the letter is not as represented, then convene next Monday night to conclude the matter completely. Mayor Torcaso recessed the Commission meeting and opened the public hearing. No one spoke for or against the ordinance. This is 4.3 acres of property fronting S.R. 434 at junction of S.R. 419. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. . . . . Regular Meeting, City Commisison, Dec. 8, 1986 Page 3 86-87-5A Motion was made by Commissioner Hoffmann to adopt Ord. No. 358 subject to receipt of a letter from the Department of Community Affairs representing the Department has no objections to the amendment. In the event there are objections the approval is not in effect and it will be calendered for a special meeting on Dec. 15th at 7:00 p.m. and the public hearing will be continued until then. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann,aye; Commissioner Kulbes,aye; Commissioner Jacobs,aey;Commissioner Trencher,aye; motion carried. Public hearing for Ord. No. 359, amending the Comprehensive Plan and providing for reclassification of property to Commercial classification, etc. (Wisdom) Second Reading: Public Hearing for Ord. No. 360, amending the Comprehensive Plan and providing for the addition of annexed property to the Land Use Map at Light Industrial Classifi- cation, etc. (Royal Heritage) Second Reading: Public Hearing for Ord. No. 361, amending the Comprehensive Plan and providing for the addition of annexed property to the Land Use Map at Commercial and Light Industrial Classifications, etc. Second Reading. (Blumberg): Attorney Kruppenbacher read Ord. Nos. Mayor Torcaso recessed the Commission spoke for or against the ordinances. reconvened the Commission Meeting. 359, 360 and 361 by title only. meeting and opened the public hearings. Mayor Torcaso closed the public hearings No one and Motion was made by Commissioner Jacobs for the adoption of Ord. No. 359 subject to receipt of a letter from the Department of Community Affairs representing the Department has no objections to the amendment. In the event there are objections the approval is not in effect and it will be calendered for a Special Meeting on Dec. 15th at 7:00 p.m. and the public hearing will be continued until then. 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. Motion was made by Commissioner Jacobs for the adoption of Ord. No. 360 subject to receipt of a letter from the Department of Community Affairs representing the Depart- ment has no objections to the amendment. In the event there are objections the approval is not in effect and it will be calendered for a special meeting on Dec. 15th at 7:00 p.m. and the public hearing will be continued until then. 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 for the adoption of Ord. No. 361 subject to receipt of a letter from the Department of Community Affairs representing the Department has no objections to the amendment. In the event there are objections the approval is not in effect and it will be calendered for a Special Meeting on Dec. 15th at 7:00 p.m. and the public hearing will be continued until then. 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. . . . Regular Meeting, City Commission, Dec. 8, 1986 Page 4 86-87-5A First Reading of Ord. No. 362 vacating platted cul-de-sac on Garden Drive: Motion was made by Commissioner Hoffmann to read Ord. No. 362 by title only on first reading. 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. Attorney Kruppenbacher read Ord. No. 362 by title only on first reading. Request of Roger Downing for permission to use mobile produce trailer at corner of Wade & S.R. 434 (Sec. 44.75): Motion was made by Commissioner Jacobs that we grant the request for a temporary permit to the applicant for six months. Motion failed for lack of a second. Motion was made by Commissioner Hoffmann to grant the request of the applicant for a period of three months. In the event the tenant changes, the permit does not continue and the new tenant would have to come back to the City. Seconded by Commissioner Jacobs. Discussion. Motion was amended by Commissioner Kaehler subject to Staff's recommendation and the posting of a $500.00 bond as recommended by the City Engineer. Seconded by Commissioner Jacobs. Discussion. Vote on the motion as amended: Commissioner Jacobs, aye; Commissioner Trencher, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, no; motion carried. Appeal of Dr. Martin Chiropractic Clinic on Site Plan Review Board requirement to replace existing chain link fence with masonry wall on south property line which is adjacent to R-1A zoned property: Dr. Charles Martin was present and spoke in his behalf. Motion was made by Commissioner Jacobs to grant the appeal to not construct a masonry wall. Seconded by Commisisoner Kulbes. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Discussion of ordinance to provide for new qualifying fee, etc.: There was no action taken. The Charter Review Board will be reviewing the fee and will make a recommendation to the Commission. Planning & Zoning Board Recommendations of Nov. 26, 1986: Amendment of Land Use Map to add 1.24 acres being annexed on north side of Shepard Road just east of US 17/92 - Light Industrial Classification-concurrently zone property C-2. Commission concurred to proceed with an ordinance. Request of Janet Gould for Amendment of Land Use Map to reclassify 1.5 acres on SR 434 adjacent to Seminole Pines Mobile Home Park to allow Model Center-concurrently to re- zone or grant variance to zoning code as necessary: Commission concurred to change the zoning to RT and to change the R-T Mobile Home Park ordinance to allow for a model center. Motion was made by Commisisoner Trencher to direct Staff to prepare the ordinances to reclassify the 1.5 acres on SR 434 adjacent to Seminole Pines Mobile Home Park to RT zoning and to amend that zoning to include the display or sale of new or used mobile homes except for occupied mobile home or an unoccupied mobile home which must be sold on that site by its owner or licensed dealer to potential residents of the Seminole Regular Meeting, City Commission, Dec. 8, 1986 Page 5 86-87-5A ~ Pines Mobile Home Park; and should it be found at a point in time that sales on that particular property are not sold to the facilities of that park, that that right be withdrawn. Seconded by Commissioner Jacobs for discussion. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, no; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Request of C.M.Williams III to annex north 177 feet of Lot 8, Blk. B, Johnson's Poultry Farms-south of SR 434 adjacent to Winter Springs Elementary: Motion was made by Commissioner Hoffmann to prepare the ordinance for annexation. 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. City Manager-Richard Rozansky: Railroad crossings/agreement: Resolution No. 557, authorizing the Mayor to enter into an agreement with CSXT, and to sign same on behalf of the City whereby CSXT grants to the City an easement or r-o-w for constructing and maintaining Tuscora Drive, etc. and Resolution No. 558 authorizing the Mayor to enter into an agreement with CSXT, and to sign same on behalf of the City whereby CSXT grants to the City an easement or r-o-w for constructing and maintaining Vistawilla Drive, etc.: This item will be held in abeyance until the first meeting in January until we hear from Winter Springs Development Corp. in reference to the deposits for the work to be performed by CSXT. ~ Bid Openings: Resurfacing certain roads: Motion was made by CommissionerJacobs to approve the recommendation of the City Manager for the McAsphalt bid of $86,861.64 for street resurfacing. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aey; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Backhoe: Motion was made by Commissioner Kulbes that we purchase the tractor from the Case Power and equipment Company for $41,995.00. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioenr Kaehler, aye; Commissioner Hoffmann, aye; Commisisoner Kulbes, aye; motion carried. Construction of Wastewater Treatment Facilities-Res.No. 559, to tentatively accept the bid of Water Processing Co., Inc. for the construction of the Wastewater Treatment Plant Improvements, FDER Project No. 767040: Motion was made by Commissioner Kulbes to tentatively accept the low bid for the Wastewater Treatment Plant Improvements received from Water Processing Co. ,P.O. Box 6781, Jacksonville, Florida 32236 as received on Nov. 26, 1986 in the total amount of $987,300.00 subject to the following: ~ The review and approval of the bidding documents and procedures by the Florida Department of Environmental Regulation, Bureau of Wastewater Management and Grants, Tallahassee, Florida; the contractor execute all required certifications, documentations and provide all information and submittals set forth in the contract documents or required by the State Funding Agency; satisfactory investigation as to the contractors references and qualifications, and funds available. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Trencher, aye; . . . Regular Meeting, City Commission, Dec. 8, 1986 Page 6 86-87-5A Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Kulbes to adopt Resolution No. 559. 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. Discussion of Ordinance No. 338, imposing a one year 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, etc. The consensus of the Commission was to allow the ordinance to expire. Resolution No. 560, supplementing the Personnel Policy of the City establishing official holidays for the calendar year 1987: Attorney Kruppenbacher read Resolution No. 560 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 560. 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. Interlocal Agreement with Winter Springs/Seminole County: After discussion of the Agreement it was decided to ask the County Attorney to delete the provision of the bond and reword the liability language. Reports: Manager Rozansky spoke about the problem with the wells and briefed the Commission as to how he was going to proceed to remedy the problem as well as prevent a similar problem with the next well. There will be additional costs. There is going to be a Christmas party for the employees on Dec. 20th from 1:00 p.m. to 5:00 p.m. The expenses will be paid from the City Manager's budget; the employees' Christmas incentive will be paid out of the employees' line code. Amounts for this incentive were included in the budget. Florida Power is looking into a lighting plan for S.R. 434; the City has received a grant from the Department of Community Affairs for the Community programs and the City is applying for a $10,000 planning grant. No matching funds are required for this grant. Commission Seat I - Cindy Kaehler: Commissioner Kaehler asked if the City can require commercial property owners to replace dead trees. Commissioner Kaehler also reported there is a big truck on South Edgemon Avenue and Jackson Circle parked, with a for sale sign on it. Commissioner Kaehler asked the City Attorney the status of the proposed planned unit development ordinance and that will be on the agenda for the next meeting. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann spoke about the Piggly Wiggly store going out of business and what action could be taken to prevent this from happening. Commission Seat III - Philip A. Kulbes: No report. . . . " , Regular Meeting, City Commission, Dec. 8, 1986 86-87-5A Page 7 Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked the City Attorney the status of the Florida Public Utilities lawsuit. Commission Seat V - Martin Trencher: Commissioner Trencher also spoke about Piggly Wiggly going out of business. Commissioner Trencher asked the status of the Growth Management Study. Attorney Kruppenbacher said this was tabled by the Commission until January, and at that time he will come back with a report. Mayor's Office: Mayor Torcaso read Resolution No. 561, supporting the election of Glenda E. Hood, to the Board of Directors of the National League of Cities by title only. Motion was made by Commissioner Kulbes to adopt Resolution No. 561, and that it be read by title only. Seconded by Commisisoner Jacobs. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Manager Rozansky announced that Mr. Bob Powell, the Land Development Coordinator has resigned. Meeting adjourned 10:55 p.m. Respectfully submitted, -~~;:~ T. Norton, Clerk Approved: ~t~ in~~~H7/'MAYOR JOHN V. ~R ASO " / ) --~