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HomeMy WebLinkAbout1989 01 23 City Commission Regular Minutes , L 88-89-10 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 23, 1989 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Leanne M. Grove. Roll Call: Mayor Leanne M. Grove, present Deputy Mayor Philip A. Kulbes, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Cindy Kaehler, present Arthur Hoffmann, present William A. Jacobs, present Paul P. Partyka, present The invocation was given by Commissioner Hoffmann. The pledge of allegiance to the flag was led by Commissioner Kaehler. Motion was made by Commissioner Kulbes to approve the minutes of Dec. 12, 1988 as amended. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Motion was made by Commissioner Jacobs to approve the minutes of January 9, 1989. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . Motion was made by Commissioner Jacobs to approve the minutes of Jan. 16, 1989. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Public comment: Gladys Zahand, Murphy Road, spoke about the Senior Center and the need for a partition to close off the kitchen for certain activities. Dave Bailey, Nighthawk Circle, spoke about a problem he has had in reference to his reimbursement for his rug. He said that last February there was a drain overflow in front of his house. The water company came out and spread a chemical in the street. Mr. Bailey picked up some of this chemical on his shoes, and then everywhere he walked became a bleached out space on his carpet. He said he contacted the City and the City Attorney, and finally he contacted his insurance company and they paid about $1,100. The total damages were $2,100. He was asking to be reimbursed for the balance. The City Attorney recommended we ask the carrier to provide us a letter as to why they are denying liability, and that Mr. Bailey should contact our Insurance Adjustor. Scott Kline, Venture Court, spoke about the problems in his neighborhood relating to trees. He asked if everyone had read the report in reference to this problem. Attorney Kruppenbacher said he was prepared to talk about the report this evening. Moti Khemlani, President of the Tuscawilla Homeowners Association, said the original request to review the question of rezoning of Tuscawilla was made on Aug. 22nd and . asked the status of that request. . . . Regular Meeting, City Commission, Jan. 23, 1989 Page 2 88-89-10 Mayor Grove explained that Step 1 was to be the Hearing which is to be held on Feb. 6th. Attorney Kruppenbacher said the hearing would start at 8:00 p. m. at the request of the Homeowners. The Hearing is in regard to the land use classifica- tion of the property in question, 44 acres, and the Hearing would end at 10:30 p.m. Attorney Kruppenbacher said if we haven't heard everything by 10:30 p.m. we will reschedule for another night. The Developer has been told to present to the City anything and everything that they want this City to hear regarding that property as to what their arguments are and what they believe they have a right to or do not have a right to. Once that is finished, then the Staff will analyze everything that has been said. Once the Developer has presented everything, then the Commission will ask any questions they may have, then the public will be allowed to comment, then the hearing will be continued in order for the Attorney and Staff to analyze what has been said. Moti Khemlani explained the request that was made on Aug. 22nd was for the Commission to look at the rezoning of the entire Tuscawilla Planned Unit Development based upon the conditions existing in 1989, as sixteen years have gone by since the annexation of the Tuscawilla Planned Unit Development, and the zoning designated as PUD. Commissioner Kaehler pointed out that if we can not settle a vested rights question on one piece of property, it doesn't make any sense to proceed with the entire Planned Unit Development. John Ferring, President of the Oak Forest Homeowners Association, spoke in reference to Mr. Kline's discussion and reported there was to be a meeting on Jan. 24th at 11:00 a.m. at the Bel-Aire Homes Sales Office with St. Johns Water Management and Charles True of McIntosh & Associates, and Mr. Ferring. The City Engineer, Leonard Kozlov was also invited to attend. General Agenda Planning & Zoning Board Recommendations of Jan. 11, 1989: Request of Alejandro and Ramonita Baez to annex Lot 5, Tuskawilla, P.B. 1, Pg. 5 - one acre southwest of inter- section of S.R. 434 and Tuscawilla Road: The City Planner, Jacqueline Koch, said the public hearing for the Land Planning Agency will be on Feb. 8th. The PLanning & Zoning Board recommended approval to annex the property. Commission was in agreement to proceed with the annexation. Senior Center-Building Design/Construction Options: Mr. Soellner was present and presented three different options. Option A was the option presented at the last meeting; concrete block, stucco with wood roof truss, 4,346 square feet, approximate cost per sq.ft. a little over $40.00 per square foot, with a multipurpose room around 2,200 square feet. Option B was using a steel frame, cost per square foot $35.00; did not break through to the original building but has the option to do so in the future. The cost to break through is approximately $4,000 to $7,000; multipurpose room 2,256 sq. feet which could be increased by moving back the partitions. Option C- was a separate building by about 24 feet; it could be connected at a later date; multipurpose room 2,480 square feet and when combined with the classrooms its almost 3,000 square feet. 4,443 square feet at a cost per square foot of $36.89. Regular Meeting, City Commission, Jan. 23, 1989 Page 3 88-89-10 ~ Motion was made by Commissioner Kaehler that we accept concept B. Seconded by Commissioner Jacobs for discussion. Discussion. Vote on the motion: Commissioner Hoffmann, no; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, no; Commissioner Kaehler, aye; motion carried. The City Manager, Commissioner Kulbes, Mr. Whitsett and the Building Official, are to work with the Architect to develop the plans. Resolution No. 610, providing for payment of $50.00 per month to members of Winter Springs Commerce and Industry Development Board, etc.: Attorney Kruppenbacher read Resolution No. 610 by title only. Motion was made by Commissioner Hoffmann to approve Resolution No. 610. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commisisoner Kulbes, aye; Commisisoner Jacobs, aye; Commissioner Partyka, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Resolution No. 611, providing for payment of $50.00 Bi-Monthly (every two months) to members of the Code Enforcement Board, etc.: Attorney Kruppenbacher read Resolution No. 611 by title only. Motion was made by Commissioner Kulbes to adopt Resolution No. 611. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commisisoner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. ~ City Manager Richard Rozansky: 1. Audit Presentation-Kane & Associates: Ms. Renard, Gary Kane and Sandy Moore were present. Ms. Renard reported that in their testing they did not find any material or pervasive problems and therefore could issue a clean opinion on the financial statement. No problems with the internal controls of the City were noted. She spoke about the fixed assets and the accumulation of uncollectible receivables in the Enterprise Fund. She said Mr. Martin does a tremendous job and she thanked Mr. Rozansky, Mr. Martin and staff for their assistance. Also thanked the City Commission. Motion was made by Commissioner Jacobs to accept the audit of Sept. 30th by Kane and Associates. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. 2. Fire Service/Facility Study-Long & Associates: Motion was made by Commissioner Kulbes to accept the Agreement between the City of Winter Springs and Long & Associates for a service facility study. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. ~ 3. Resolution No. 612, confirming authority to condemn Seminole Utilities: Attorney Kruppenbacher read Resolution No. 612 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 612. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. . Regular Meeting, City Commission, Jan. 23, 1989 Page 4 88-89-10 4. Effluent Irrigation System-Amendment 9 to Agreement, dated Nov. 27, 1984 between City of Winter Springs and Conklin, Porter & Holmes: Terry Zaudtke, CPH, was present and explained this is for the plans and specifications for Phase I of the irrigation system for the power easement through the central part of the City, the pump station and storage and all the soils work and investigation for DER. Motion was made by Commissioner Kulbes to accept Amendment 9 to Agreement dated Nov. 27, 1984 for the power line easement irrigation system, subject to the approval of the City Attorney. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. 5. Hydropneumatic tank replacement at Water Plant No.2: Manager Rozansky reported he wanted to bring to the attention of the City Commission the fact that he is going out for bids for this tank replacement because it is in very bad condition. The monies that will pay for this are in the Repair and Replacement Fund. Monthly reports have been distributed. . Manager Rozansky reported he has given the Commission a Industrial Waste Services regarding resource recovery. review this and at the next meeting give some direction Meeting. letter he received from He asked that the Commission or possibly set a Workshop In reference to the Arbor Ordinance, Mr. Artman has completed his changes, Manager Rozansky has reviewed them and it has been sent to the City Attorney for review. The ordinance will be on the Agenda for the next meeting. Attorney Kruppenbacher reported he is going to send a letter to the Developer in reference to the hearing on the 44 acres in Tuscawilla, that outlines the parameters with a copy to the Homeowners representatives. While it is advertised at 7:30 p.m. it will be opened and recessed until 8:00 p.m. and will end at 10:30 p.m. and will continue thereafter at a time suitable and convenient to the City Commission. If it is continued again it will start at 8:00 p.m. and end at 10:30 p.m. The Developer will be requested to present anything and everything regarding what they perceive to be the land use designation for that property; thereafter the Commission will either defer the question or have their questions answered. Attorney Kruppenbacher said he would prefer the Commission make notes of their questions and let the Developer do all their talking before the Commission starts. Then turn it over to the public for their input and/or questions. Those questions should be directed to the Commission or the Attorney and then will be directed to the Developer. Then Attorney Kruppenbacher said he will request an opportunity to have himself and Staff analyze everything that has been presented to the Commission before this Commission is given guidance or recommendations as to what action to take or not take. . On the Oak Forest issue, Attorney Kruppenbacher said he would like to have the developer of Oak Forest on the Agenda at the next meeting to answer those issues that have been raised by that report. . Regular Meeting, City Commission, Jan. 23, 1989 Page 5 88-89-10 Commissioner Kaehler recommended hiring an environmental engineer on a consulting basis for projects that come in that are in question. Attorney Kruppenbacher suggested an ordinance be drafted to provide that a developer pay these costs as part of the permitting process. Commission Seat I - Cindy Kaehler: Commissioner Kaehler asked the Attorney the status of the districting issue. Attorney Kruppenbacher said he would bring back his report at the end of February. Commissioner Kaehler also spoke about the dangerous intersection of S.R. 434 and Tuscawilla Road in front of the Handyway Store. Every time it rains it creates a dangerous situation and she asked if something could be done about it. Attorney Kruppenbacher suggested sending a letter to the State and County regarding this problem. Commissioner Kaehler thanked the Public Works Department for their clean-up work on S.R. 434. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann attended a meeting at the E.C.F.R.P.C. last week wherein there was discussion regarding Orange County's invitation to three international firms who have experience in magnetic levitation rail systems to make an offer to build a rail system somewhere in the County. . Commissioner Hoffmann spoke about the comments made at the Area Agency on Aging meeting regarding the new catastrophic health bill which affects all the people on health care. He said 40% of the people who are on medicare will be paying the cost of 100% of the people who will be served. It is the first time a fee is based on your ability to pay rather than the service rendered. Commissioner Hoffmann spoke about the letter from the Leedy Corporation concerning consideration for a financial advisor on the new bond issue. Commission was in agreement to have the City Manager make a recommendation at the next meeting. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes spoke about the phone calls he has received in reference to people knocking on doors, saying they work for the City testing water. They run the tap water into a little tube, they shake it, it looks black, then they say this is the water you are drinking, and what they are trying to do is sell a water softener system. Commission Seat IV - William A. Jacobs: No report. Commission Seat V - Paul P. Partyka: Commissioner Partyka asked for a report from Staff and the City Planner regarding what they recommend in terms of zoning designations, land use plan, etc. The City Planner, Miss Koch, suggested preparing a calendar of what the Commission will be looking at and when throughout the year. . Commissioner Partyka spoke about improving our sign ordinance. He also asked what could be done with the "Piggly Wiggly" Shopping center area, and could the City buy it and possibly lease it out. He said we have an eyesore there and it needs to be fixed. . Regular Meeting, City Commission, Jan. 23, 1989 Page 6 88-89-10 Mayor's Office: Mayor Grove asked the Attorney to send something very strong, be it a letter or resolution, to the Florida Dept. of Transportation regarding Wagner's Curve, because too many people have died there. Mayor Grove also reported that the petitions are in the lobby if anyone one wants to sign them in reference to stopping mandates without funding. Mr. Ferring, President of the Oak Forest Homeowners Association spoke about the representation on the Commerce and Industry Board and that there should be some representation from the citizens. Moti Khemlani, President of Tuscawilla Homeowners Association, spoke about the representation on the Commerce and Industry Board and he felt there should be representation of the average citizen. Mayor Grove explained the Commerce and Industry Board would not be recommending any rezonings, they would only be trying to attract the right type of commercial and light industry in areas that are appropriately zoned. Meeting was adjourned 10:30 p.m. Respectfully submitted, . ~'fi ~ Approved: Mary T. Norton, City Clerk ,MAYOR .