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HomeMy WebLinkAbout1988 09 26 City Commission Regular Minutes . . . :~ 87-88-26 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS SEPTEMBER 26, 1988 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Leanne M. Grove at 7:30 p. m. Roll Call: Mayor Leanne M. Grove, present Deputy Mayor Arthur Hoffmann, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Cindy Kaehler, absent Philip A. Kulbes, present William A. Jacobs, present Martin Trencher, present The invocation was given by City Manager Richard Rozansky, and the pledge of allegiance to the flag was led by City Manager Richard Rozansky. Motion was made by Commissioner Trencher to approve the minutes of September 12, 1988. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Public Input: Tim Johnson, Gator Lane, spoke in reference to the meetings to be held in reference to the Tuscawilla Planned Unit Development and asked what happens if the negotiations break down. He also spoke about rating the City Manager, and the budget and staggering the hiring of the three firemen. General Agenda Tuscawilla PUD-Report of Sept. 19, 1988 Workshop Attorney Kruppenbacher read the letter from the Tuscawilla Homeowners' Association as follows: Honorable Mayor Leanne Grove, Dear Madam Mayor: At the Sept. 19 workshop session conducted by the City of Winter Springs, the Tuscawilla Homeowners' Association was requested to provide a team of representatives to participate in negotiations with the City and the developer to resolve the Shopping Center issue. The following is the list of representatives that we propose: Tom Freeman, 900 Dyson Drive, Tim Johnson, 1109 Gator Lane, Sherryle Lawlor, 1436 Northern Way and Paul Partyka, 684 Oswego Court. In addition to the above team, we will be represented by Mr. Mike Gray as our legal counsel. The homeowners appreciate your sharing of our concerns. We welcome and encourage any action by the City to stop a commercial development. Sincerely yours, Moti Khemlani, President. The representatives from the City as per the City Manager will be the Attorney, City Manager and probably the Land Development Coordinator or the City Engineer or the City Planner. Attorney Kruppenbacher will coordinate the meeting. Final Budget Hearing-FY 1988-1989 Budget-General Fund, Special and State 1. Second Reading of Budget Ord. No. 435 2. Adopt: (a) R~solution No. 605, setting the Ad Valorem Tax Millage Rate for FY 1988/1989 (b) Adopt Budget Ord. No. 435 .. . Regular Meeting, City Commission, Sept. 26, 1988 Page 2 87-88-26 Attorney Kruppenbacher read Ord. No. 435 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. Manager Rozansky explained the purpose of the public hearing is to finalize the budget and adopt the millage rate. Manager Rozansky spoke about the Budget Ads. Someone had said the Notice of Tax Increase Ad was not a 1/4 page Ad, and that the two ads were not to be connected. If the Dept. of Revenue asks, we will have to readvertise. The first issue to be discussed is the percentage of increase in millage over the rolled back rate and the specific purpose for which the Ad Valorem increase was requested. The proposed millage rate is 1.841 mills; the rolled back rate is 1.479 mills which is a difference of .362 mills. This represents a 24.4% increase over the rolled back rate, and that is what was advertised as the tax increase. The purpose of the increase is to fund the general fund budget completely and adequately provide for the health, safety and welfare of the residents. The total General Budget is $6,244,377.00 and the Winter Springs Water & Sewer Budget is $2,143,863, making a grand total of $8,388,240.00. Manager Rozansky reviewed all revenues and expenditures in the total budget. No one spoke for or against the Budget. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Trencher for adoption of Resolution No. 605 setting the Ad Valorem tax millage rate for FY 1988-1989. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commisisoner Hoffmann, aye; motion carried. . Motion was made by Commissioner Hoffmann to adopt Budget Ordinance No. 435. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Commissioner Trencher said for the record he was in agreement with the City Manager's proposal for pay increase for the two Department managers. Motion was made by Commissioner Trencher to place on the Agenda the question as a formal resolution. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Hoffmann, no; Commissioner Kulbes, no; Commissioner Jacobs, aye; Mayor Grove, aye; motion carried. Motion was made by Commissioner Trencher that the Commission indicate to the City Manager its approval for his request of raises for Mr. LeBlanc and Mrs. Norton. Seconded by Commissioner Jacobs. Discussion followed. Vote on the motion: Commissioner Hoffmann, no; Commissioner Kulbes, no; Commissioner Jacobs, aye; Commissioner Trencher, aye; May@r Grove, aye; motion carried. Public Hearings and Second Readings: 1. Ord. No. 426, amending Sec. 5-128 entitled "Swimming Pools", etc. 2. Ord. No. 431, amending Sec. 8-21 of Art. II, Occupational Licenses, etc. 3. Ord. No. 432, amending Art. VIII. Family Swimming Pools, Sec. 5-l4l,etc. 4. Ord. No. 433, amending Sec. 5-l45(c) to delete the reference to height,etc. Attorney Kruppenbacher read Ord. No. 426, 431, 432 and 433 by title only on second . reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. . . . ~ Regular Meeting, City Commission, Sept. 26, 1988 87-88-26 Page 3 On Ord. No. 433, Sec. 5-l45(c) was amended as follows: The sentence starting with Mesh sizes was changed to read: mesh sizes shall not be 20 x 20 threads per inch nor larger than 18 threads by 14 threads per inch. No one spoke for or against the ordinances. Mayor Grove closed the public hearings and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to adopt Ord. No. 426, 431, 432 and Ord. 433 as corrected. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aey; Commissioner Trencher, aye; Commissioner Hoffmann, aye; motion carried. Amendments to Comprehensive Plan-Land Use Map-Second Public Hearing and Adoption. 1. Pt. Lot 25, Entzminger Farms Add. No. 3/Reclassify Land Use from Light Industrial to PUD (Zone PUD)/6 acres north of Florida Ave. 2. Lot 9B, Blk.D, Mitchell Survey of Levy Grant/Add to Winter Springs Land Use Map as Commercial (Zone C-l) (Reclassification from Sem.Co.General Rural)/5 acres south of SR 434 East of SR 419 intersection. 3. Lot l7,Blk.B, Mitchell Survey of Levy Grant/Add to Winter Springs Land Use Map as Light Industrial (Zone C-2) (Reclassification from Sem. Co. Suburban Estates)/8 acres north of SR 434-Tuscawilla Rd. Intersection. 4. Pt. Lot 14 and Pt. Lot 21, P.R.Yonge Grant/Reclassify Land Use from Rural Residential to Commercial (Zone C-l)/40 acres North of SR 434 East of Howell Branch. 5. W 1/2 of SW\(less Parcels 2-B and 2-U) of Section 4, T. 21, R 3l/Add to W.S. Land Use Map; Light Industrial for that portion of property outside right-of-way reserved for Sem.Co.Expressway and Rural Residential within Expressway ROW Reservation Boundary (zones C-2 and R-U) (Re-classification from Sem.Co.General Rural)/56 acres south of 434 adjacent to eastern City limits. Mayor Grove recessed the Commission Meeting and opened the public hearing for the Amendments: Jacqueline Koch, Director of Administration/City Planner, said this hearing is being held under the auspices of Chap. 163 of the Florida Statutes which governs the City's planning activities. This is the second public hearing on the set of amendments that were considered in the Spring that went before the Planning & Zoning Board and on to the Commission for their deliberation and statement as to whether or not they prefer to make these changes. In May the Commission indicated that they concurred with these requested changes, and that information was transmitted to the State. These changes have now gone through their review. The letter has been distributed from the Dept. of Community Affairs stating that they have reviewed and have found no objections. They found them consistent with the requirements of the Planning Act, Chap. 163. They also found them not to be in conflict with regional planning goals. There is a letter from the Dept. of Transportation which gives some specific comments and those are similar to some that have been addressed in the past three months while these have been under review by the State. In August the Dept. of Transportation had a final hearing for property owners from whom they will need right of way for the widening of SR 434. Three of these properties involved additional right-of-way. No. 5 also involves the expressway project. Since these proceedings to actually implement the land use changes involve notices in the newspaper and an ordinance which requires . . . Regular Meeting, City Commission, Sept. 26, 1988 Page 4 87-88-26 a first reading then a 30-day hanging, this has all been done in August. After that time Ms. Koch spoke with Mr. Fuller of the Dept. of Transportation. He had indicated that he hoped to have the right-of-way map for SR 434 filed with the Clerk of the Circuit Court by this time, which we could have amended these ordinances to exclude that right-of-way. Mr. Fuller was not able to do that, so we are asking that the Ordinances for Items 2, 4 and 5 be continued until the next meeting until the right-of-way map is filed. They will be able to refer to that and exclude that from the land use change. Also on No.5, the Expressway has preliminary engineering that they did not have in the Spring. They also want us to wait because they may want to shift the boundary of what we are excluding. Ms. Koch asked that we take comment on all of the five amendments but postpone the actual adoption of the ordinances implementing 2, 4 and 5 until the next meeting. Moti Khemlani, president of the Tuscawilla Homeowners Association spoke in discussion. Cindy Jennell, Rustic Woods, (Wildwood) spoke in reference to Item 1. Barbara Luttrell, Orange Ave, spoke in reference to Item 3 and presented a petition which is attached to these minutes. Jim Pullen, Orange Avenue also spoke in reference to Item 3. Mayor Grove announced that all five items will be continued until the next meeting. Public Hearings and Second Readings: 1. Ord. No. 436 amending the Compo Plan-Lot 25, less the west 204.42 feet of south 341.94 ft. as measured along the west and south lines thereof, Entz.Farms,Add.No.3,etc. 2. Ord. No. 437,amending the Comp.Plan,easterly 253.6 ft. (less theeast 100 ft. of the north 150 ft.)Lot 9,lying south of Sanford Oviedo Road,Blk.D, D.R.Mitchell's Survey,etc. 3. Ord. No. 438, amending the Comp.Plan-Lot l7,Blk.B, D.R.Mitchell's Survey,etc. 4. Ord. No. 439, amending the Comp.Plan-west 1,080 ft. of Lot 14 and the west 1,080 ft. of that part of Lot 21 lying north of Sanford Oviedo Road,Philip R.Yonge Grant, etc. 5. Ord.No. 440, amending the Comp.Plan,west 1/2 of southwest 1/4 of Sec. 4, T.2lS, R 31 E, less parcels 2-B and 2-D (more particularly described as less the N 361.88 ft. of the E 303.20 ft. and less the S 242.80 ft. of the N 604.76 ft. of the E 677.34 ft.) and less that portion lying north of SR 434, etc. Attorney Kruppenbacher read Ord. No. 436, 437, 438, 439 and 440 by title only on second Reading. Motion was made by Commissioner Hoffmann to continue the second reading of these Ordinances Nos. 436 through 440 until the next meeting. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Mayor Grove called a recess at 10:00 p.m. and called the meeting back to order at 10:20 p.m. Request of Lord of Life Lutheran Church for mobile building for one year: Mr. Gerald L. Mardis, Property Director, asked the Commission for permission for the Lord of Life Lutheran Church at 395 Tuskawilla Road to install a 10' x 44' mobile building to be used as Sunday School classrooms; the utilization of this building will be once per week and its duration will not exceed one year. Motion was made by Commissioner Jacobs to grant the request of Lord of Life Lutheran Church as presented to the Commission. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . Regular Meeting, City Commission, Sept. 26, 1988 Page 5 87-88-26 First Reading of Ord. No. 441 amending Compo Plan to add property to Land Use Map as Commercial -0.6 acre southwest of SR 434 and Tuscawilla Road Intersection: Motion was made by Commissioner Kulbes to read Ord. No. 441 by title only on first reading. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. This was a referral of the Planning & Zoning Board. The Planning & Zoning Board held a Hearing on Aug. 25 to consider this request to amend the land use map. Their recommendation as the Local Planning Agency is to grant the commercial land use. Attorney Kruppenbacher read Ord. No. 441 by title only. City Manager Richard Rozansky: 2. Senior Citizen Center-Shortlist: A Special Meeting was called for Oct. 3 to hear presentations by five proposers. . City Attorney-Fees: By letter dated Sept. 9, 1988 Attorney Kruppenbacher requested an increase in rates as follows: 1. $90.00 per hour for all legal services rendered including litigation, plus costs and expenses. As always, no costs or expenses will be incurred without prior approval. Examples of costs or expenses are court reporters, filing fees, copying charges, telephone charges, etc. 2. A $500.00 per month charge for attendance at City Commission meetings. 3. $90.00 per hour for all legal services rendered including litigation, plus costs and expenses, associated with the City's utility work, excluding any bond-related matters, which shall be in accordance with our existing practice. Motion was made by Commissioner Trencher to set those fees. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Hoffmann, aye; motion carried. Attorney Kruppenbacher reported the impact fee lawsuit is at the Fifth District Court of Appeals in Daytona Beach. It will be there another three to six months before any decision. Public Works Sign Shop Oven: Approximately 2~ years ago Seminole County upgraded their sign shop and loaned the Public Works Department their sign shop oven which was surplus to their needs. This past week Seminole County indicated this oven must be removed from their inventory. Their proposal is as follows: Seminole County will transfer this oven to Winter Springs-current value approximately $1500 ($6000 new); they will also give us $650 worth of 3M materials utilized in sign construction and will restripe Sheoah Boulevard. In return for this the City would purchase and transfer to Seminole County software for their computerized sign maker at a cost of approximately $1,325.00. Package Treatment Plant-Status/Engineering: Manager Rozansky reported they are loading the plant with water now to find out if there are any leaks. The copy of the letter from Conklin, Porter & Holmes has been distributed. The additional engineering for this extended period of time will be $7,500 . which will be taken out of the liquidated damages clause. . Regular Meeting, City Commission, Sept. 26, 1988 Page 6 87-88-26 434 Partnership-Recreation Areas/Roads-Schedule Meeting: Manager Rozansky reported that 434 Partnership is requesting a meeting as soon as possible. It was decided that it would be on the Agenda for the next regular meeting. Interlocal Mutual Aid Agreement-Between Seminole County, Altamonte Springs, Casselberry, Longwood and Winter Springs: This agreement is a standardized form with Seminole County, Altamonte Springs, Longwood, Winter Springs and Casselberry. When the final one is received, it will be on the Agenda for Commission's approval. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann spoke about the meeting to be held on Oct. 6 at 7:00 p.m. at Tuscawilla Middle School by Seminole County on the final engineering plans on their corridor right-of-way which is the realignment of Tuscawilla Road from SR 426 to just where the commercial activity ends above Red Bug Road. That is being planned as a four lane road with right of way for six. Commissioner Hoffmann also reported that he would be attending the Regional Planning Council meeting on Wednesday for the development that would affect the We kiva area, a project of several thousand acres. Commission Seat III - Philip A. Kulbes: . No report. Commission Seat IV - William A. Jacobs: No report. Commission Seat V - Martin Trencher: No report. Mayor's Office: Results of Qualifying for the Municipal Election: Seat I - Terri Donnelly and Cindy Kaehler Seat III - Philip A. Kulbes Seat V - David W. Hopkins, Teresa L. Lewis and Paul P. Partyka Mayor Grove reported that she will be taking 20 children to Disney World on Nov. 18th to celebrate Mickey's 60th Birthday. Meeting was adjourned 11:00 p.m. Respectfully submitted, ~A~ r ~ Ma~;~:;;: Norton, City Clerk Approved: .~ ~v~~ ,MAYOR