Loading...
HomeMy WebLinkAbout1989 03 27 City Commission Regular Minutes 88-89-14 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 27, 1989 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 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 City Manager Richard Rozansky. The pledge of allegiance to the flag was led by Commissioner Paul Partyka. Motion was made by Commissioner Kulbes to approve the minutes of Feb. 13, 1989. 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. Motion was made by Commissioner Kaehler to approve the minutes of March 13, 1989. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. . Presentation of Certificate of Award: Mayor Grove presented Laura Forston a Certificate of Award for being selected Seminole County's elementary school representative for the Walt Disney World Dreamers and Doers Program, and a proclamation proclaiming May 19, 1989 as Laura Forston Day in the City of Winter Springs. Presentation of Service Award: Mayor Grove presented Mary Wilson a service pin for 15 years service to the City. Public Comment: Jim Burch, resident of Winter Springs, spoke in support of the Recreation Land Acquisition. Ed Suggs, Lake Mary, also spoke in reference to the recreation land acquisition and in support of. General Agenda: Public Hearing for Ord. No. 454, adopting and providing the levy of taxes against the consumer of public utilities within the corporate limits of Winter Springs, Florida, providing for the collection thereof by the seller, payment thereof by the seller to the City of Winter Springs; repealing Ord. No. 161, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 454 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. Manager Rozansky explained that Ord. No. 454 has been proposed in order to finance the Bond Issue with which the City plans to purchase the park property and build ballfields and parks. One percent utility tax will raise approximately $101,000. The purpose . Regular Meeting, City Commission, March 27, 1989 Page 2 88-89-14 . of this Ordinance is to raise the utility tax in order to have money to pledge for the bond issue to build the park. Our current utility tax is four percent and this Ordinance will raise it to eight percent. It has been 4% since 1977. Manager Rozansky said the City is planning to purchase approximately 59 acres of land for a total cost of $1,800,000; $200,000 is to reimburse the General Fund for the construction of the Senior Center which leaves approximately $1,500,000 for the improvements which will be ballfields, facility, fences, lights, etc. Manager Rozansky said as soon as the contracts for the land come back from the owners the appraisals will be ordered, which will probably take two to four weeks. Then annexation procedure for the land will be started. Manager Rozansky said he put a caveat in the contract that if it could not be brought into the City then we would want the right to reject it. Once it is in the City we can start our planning process. Mr. James Dasher, Highlands, spoke in reference to the increase of the utility tax. Mrs. Powell, Hacienda Village, spoke in reference to the increase of the utility tax. Mr. Sage, Orange Ave. and Gretchen Hind, Orange Avenue spoke in reference to the proposed park. Ms. Hind asked if she could be notified when the plans for the park are to be discussed. Bob McFarland, Seminole Pony Baseball, spoke in discussion. No one spoke against the ordinance. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to adopt Ord. No. 454. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. . Mayor Grove called a brief recess at 8:10 and called the meeting back to order at 8:20 p.m. Public Hearing for Ord. No. 450, annexation, Lot 5, Tuskawilla, PB 1, Pg. 5, Seminole County-one acre southwest of intersection of SR 434 & Tuscawilla Road (Baez).Second Reading: Attorney Kruppenbacher read Ord. No. 450 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. Susan Rodenburg and Kitty DeWitt, Nature's Way spoke against the rezoning of the property. Ruth Gary, Orange Ave., and Mr. Sage, Orange Ave., also spoke in reference to the proposed change in land use. Mr. Wayne Rodenburg, spoke against the annexation. Jacqueline Koch, City Planner, explained that in 1987, Seminole County changed the land use to multi-family in that area. Lucia Baez, daughter of the applicant, spoke for the annexation. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Partyka that we adopt Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Kulbes, aye; motion carried. Ord. No. 450. Seconded by Commissioner Jacobs, aye; Commissioner Hoffmann, aye; Public Hearing for Ord. No. 453, amending the Comprehensive Plan-providing for the addition of annexed property to the Land Use Map at High Density Residential classifi- cation; providing for the zoning category R-3 for the property, etc. (Baez). Second Reading: . . . . Regular Meeting, City Commission, March 27, 1989 88-89-14 Page 3 Attorney Kruppenbacher read Ord. No. 453 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. Lucia Baez, daughter of the applicant, spoke for the ordinance. Kitty DeWitt, Nature's Way, spoke in discussion. Susan Rodenburg, Nature's Way, spoke against the rezoning. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kulbes to adopt Ord. No. 453 to the designated R-3 multifamily zoning. Seconded by Commission Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Public Hearing for Ord. No. 451, repealing Sec. 14-10 through 14-22 of Art. 1.5 Tree Preservation and providing for new sections 14-10 through 14-22 of Art. 1.5 Tree Preservation, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 451 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to adopt Ord. No. 451. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Public Hearing for Ord. No. 452, vacating and abandoning a portion of a 30 foot alley lying south and east of Tract A, resubdivision of Blk. 5 and Tract A of N. Orlando Second Add., etc. Second Reading: Attorney Kruppenbacher read Ord. No. 452 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. The Land Development Coordinator explained this ordinance is to clear the record for the portion of land which is under the property called Storage World and also property of the Seventh Day Adventist Church. Attorney John Baldwin, Attorney for the Hague's, wanted to be an record and give the City notice that if at a later date the City intended to abandon the smaller portion of the alley(which is directly behind the store) then they would have to withdraw their consent to the abandonment of the entire parcel because they would be damaged if that happens. Attorney Kruppenbacher said he would send a letter to Attorney Baldwin outlining the problems there and Attorney Baldwin can give us a written response, and then if there are any issues to be dealt with, they can be brought back to the Commission. Mr. Jerry Klaus, representing the Seventh Day Adventist Church, spoke for the ordinance. Attorney Hoffmann, representing the petitioners, explained this ordinance was to clean up the title. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to adopt Ord. No. 452. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Planning & Zoning Board Recommendations of March 22, 1989: 1. Request to annex 21 acres north of S.R. 434, east of Howell Branch, adjacent to Spring Ave.-Lots 12 and l6,P.R.Yonge Grant-Casscells. 2. Request to annex 18 acres north of S.R. 434, west of Brantley Ave., on north side . . . Regular Meeting, City Commission, March 27, 1989 Page 4 88-89-14 of Railroad-Lot l4(Sanders) and Lot 15 (Meade), Blk. B, Mitchell Survey of Levy Grant, P.B. 1, Pg. 5 Commission was in agreement to proceed with the annexation and have the ordinances prepared. Carrington Woods (Tuscawilla Unit 16) Unit I-acceptance of Covenants, Plat and Performance Bond: The Land Development Coordinator explained they have met all the requirements. Motion was made by Commissioner Jacobs that we accept the covenants and the performance bond and authorize the Mayor to sign the plat and subject to all Staff and Attorney recommendations. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. First Reading of Ord. No. 455, adopting new Code of Ordinances, etc.: Motion was made by Commissioner Kulbes to read Ord. No. 455 by title only on first reading. 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. Attorney Kruppenbacher read Ord. No. 455 by title only on first reading. City Manager Richard Rozansky: Bid Opening-Fuel Storage Tank Installation: Manager Rozansky explained the bid which was in the amount of $20,985.07 is being rejected, and the work will be done in-house. Recreation Land Acquisition: Manager Rozansky spoke about this under the public hearing for Ord. No. 454. Police Department Breathalyzer: The Police Chief has requested we purchase a new intoxylizer 5000 to replace the present breathalyzer. It has become almost impossible to provide the required training because we are the only Department in the area that utilizes the breathalyzer. To do this would require delaying the purchase of certain equipment. The Manager recommended approval and the Commission was in agreement. Mayor Grove called a recess at 9:25 p.m. and called the meeting back to order at 9:30 p.m. Status of acquisition of Seminole Utilities: Attorney Kruppenbacher explained on April 11th he and the City Manager will be meeting with some experts, and we are proceeding towards filing the suit in that timeframe. Reports: Manager Rozansky said the commission has been given copies of the letter from Mr. Hooper in reference to repairs to be made at the intersection of S.R. 434 and Tuscawilla Road. Manager Rozansky said be willing to come to answer any questions. next meeting. he received a call from the Duda Corporation stating they would our next Commission Meeting if the Commission so desired, to The Commission was in favor of asking them to come to the . . . Regular Meeting, City Commission, March 27, 1989 Page 5 88-89-14 Manager Rozansky reported there is some additional soils work that has to be done at the Senior Center at a cost of about $800.00. Manager Rozansky said the Building Official received a request to put signs at certain locations for the Parade of Homes, and he said he would allow them to do that if there was no objection. Monthly reports have been distributed. Attorney Kruppenbacher reported the Fifth District Court of Appeals has reversed Judge Leffler's decision on the Impact Fee Lawsuit, and has sent it back for further proceedings. The County has filed a motion for rehearing on the issue of whether or not there are any issues to be further heard by Judge Leffler or not. Attorney Kruppenbacher said he has received a Developer's Commitment Agreement from Mr. Alan Keene which made the modifications as requested by the Commission. An issue has surfaced which needs to be dealt with and that is the compliance of this Agreement with the Comprehensive Land Plan vis-a-vis the Trotwood connection, and that needs to be resolved. Attorney Kruppenbacher said the City Planner advised him that she has read the agreement and she believes that it is in compliance with the Comprehensive Plan. Discussion followed. Mayor Grove said her interpretation of the Commission's intent is that there would be no Trotwood connection, and she said she knows that is what the people of Oak Forest are thinking - that there will be no connection; however, the Comprehensive Plan says "no plan that does not advance the cause of creating a collector road connection between the two halves of the City is to be approved," - and this is in conflict. It was explained that the Trotwood connection would be made only if there was no other alternative and then would be for emergency purposes only with breakaway gates. Mayor Grove felt the breakaway gates would last only a short time. The City Planner explained the agreement requires the developer to provide extra rights of way and pay an amount equivalent to the cost of the Trotwood connection to the City to be used to construct an alternative collector extension to the boundary of the 434 property to link up with another collector route to Tuscawilla Road to be determined by the City as part of its future traffic circulation network. Attorney Kruppenbacher read Paragraph G which provides that 434 Partnership agrees to incorporate within the preliminary plan the City's request for a north-south collector road through the property; shall have the obligation to construct said collector road from S.R. 434 to a distance approximately 1,400 feet north of the property's south boundary as shown on the approved preliminary plan dated November 10, 1988; that is what the City Planner is saying meets the Comprehensive Plan. Commissioner Kaehler, Commissioner Hoffmann, Commissioner Kulbes and Commissioner Partyka all believe this Agreement is in compliance with the Comprehensive Plan. Therefore, Mayor Grove said she would sign the Commitment Agreement. Commission Seat I - Cindy Kaehler: No Report. . . . Regular Meeting, City Commission, March 27, 1989 Page 6 88-89-14 Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann spoke about our nuisance ordinance which is rather vague. Commissioner Hoffmann had a copy of the City of Orlando's ordinance dealing with nuisances and he asked the City Attorney and the Commission to review this and discuss this at the next meeting. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes said he met with Mr. Rozansky, the Building Department and the Recreation Department and with the Architect to finalize the plans on the Senior Center. The Architect said the plans would be ready by the 31st of March, then a final review will be made and then we can advertise for bids. Commissioner Kulbes also spoke in reference to a letter he received which was copied to only two Commissioners instead of the entire Commission. Commission Seat IV - William A. Jacobs: No report. Commission Seat V - Paul P. Partyka: Commissioner Partyka asked the status of the Piggly Wiggly shopping center, and he asked if the Commerce and Industry Board could give some definite recommendations or proposals. Mayor's Office: Mayor Grove spoke in reference to the advertising rates of the three local papers as follows: The Sanford Herald charges $3.77 per column inch and the circulation is between 200 and 300; the Oviedo Outlook charges $6.20 per column inch and circulation is approximately 333; the Orlando Sentinel charges $9.29 per column inch and we have approximately 2,000 to 3,000 circulation. Manager Rozansky reported the Department of Revenue said our Trim Ad was in violation, that it was not a quarter page Ad. They said they would rule us in compliance for this year. Meeting was adjourned 10:30 p.m. Respectfully submitted, /J;~T~ Mary T. Norton, City Clerk Approved: ~~~. t~" .---:ft~ ~&-v< _,MAYOR LEANNE M. GROVE .