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HomeMy WebLinkAbout1989 04 24 City Commission Regular Minutes . . . 88-89-16 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 24, 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 For the invocation Commissioner Hoffmann asked for a moment of silent prayer for the family and loved ones of the servicemen who died serving their country aboard the Iowa. The pledge of allegiance to the flag was led by City Manager Richard Rozansky. Motion was made by Commissioner Kulbes to approve the minutes of April 10, 1989. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, absent; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Public comment: Glenn Chiles, Wildcat Court, thanked the Mayor and the Commissioners for their stance against the Duda property. He said he would attend the public hearing on April 25th on that issue before the County Commission. Mayor Grove read the letter from the Attorneys for Duda, Inc. requesting an extension until June 13, 1989 for the DRI hearing. General Agenda: Public Hearing for Ordinance No. 455, adopting and enacting a new code for the City of Winter Springs, etc. Second Reading: Attorney Kruppenbacher read Ordinance No. 455 by title only on second reading. Attorney Kruppenbacher explained this ordinance readopts our existing code with the modifications that have been necessary due to changes made by the Florida Legislature. 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 re- convened the Commission Meeting. Motion was made by Commissioner Hoffmann for adoption of Ord. No. 455. 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. Excelsior Business Park-Sidewalk waiver request as per Section 14-119(b) of the City Code: Mr. LeBlanc explained that Mr. Munizzi has requested the waiver of sidewalks on the interior of the park, those streets will be private. . Regular Meeting, City Commission, April 24, 1989 Page 2 88-89-16 Commissioner Kaehler asked if there will be sidewalks going to the individual buildings from the parking areas and Mr. Munizzi said yes there would be. Motion was made by Commissioner Kulbes to grant a waiver to Excelsior Park to eliminate the sidewalks along their right-of-way. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Request for permit from James H. Newlon, President, Newlon & Co., Inc., (Sec.9-5): The Land Development Coordinator explained they are requesting to move debris from the clearing of Foxmoor East along S. Edgemon Avenue to Foxmoor Four, then take the dirt from Foxmoor Four to Foxmoor East. The City Manager and Staff recommended approval of moving the dirt from Foxmoor Four to Foxmoor East with the Engineer over- seeing this, and disapproving the request of moving debris from Foxmoor East to Foxmoor Four. Further discussion was tabled until the applicant arrived. . Planning & Zoning board Recommendations of March 29, 1989: Part of Lot 8, Blk. A, Mitchell Survey of Levy Grant, P.B. 1, Pg. 5, 1.36 acres immediately south of intersection of SR 434 and Tuscawilla Road-reclassify land use to Light Industrial (Zone C-2)-Tabled April 10, 1989: Jacqueline Koch explained this was tabled at the last meeting at the request of the City Attorney to review the different possibilities of handling this type of gas station, car wash, small snack shop. Attorney Kruppenbacher explained it would be better to redefine the Code to deal with this situation as this type of use does not fit in C-l zoning or C-2 zoning. City Manager Rozansky asked that what was before the Commission is not the question of giving a variance to C-l, the question before the Commission is whether or not to rezone to C-2. Miss Koch explained that the Planning & Zoning Board recommended rather than rezoning to C-2 and opening it up to possibly undesirable uses, to consider the other options of either changing the Code to accommodate this type of use or sending it to the Board of Adjustment for a special exception. The consensus of the Commission was not to rezone to C-2. Motion was made by Commissioner Kulbes that we send this project to the Board of Adjustment for consideration as a special exception. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Partyka, no; Commissioner Kaehler, aye; Commissioner Hoffmann, abstain; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Mr. Newlon arrived at the meeting and spoke about his request. Mr. Rozansky explained they have been told they would have to remove the brush from Foxmoor Four. He said they want to move approximately 1,000 yds of fill from Foxmoor Four to Foxmoor East and they would keep it at eighteen inches above the crown of the road. Motion was made by Commissioner Kulbes that we grant permission to Mr. Newlon to move 1,000 cubic yards plus or minus of fill from Foxmoor Four to Foxmoor East, that this work be done under the inspection of our City Engineer; to authorize the Mayor to sign the permit with the understanding that the engineer has the authority to revoke that permit. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, no; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. . . Regular Meeting, City Commission, April 24, 1989 Page 3 88-89-16 City Manager Richard Rozansky: Long & Associates-Fire Study-Final Report: Carolyn Long of Long and Associates gave a summary of their report and recommendations. Their main recommendation was to construct an additional fire station along the S.R. 434 corridor between Tuscawilla Road and the proposed expressway interchange, which is projected to be opened in 1991. Another recommendation was the Fire Chief and Fire Marshall have offices in City Hall as they are part of the Staff. They recommended hiring 15 additional firefighters, replacing Fire Station 2 with a brick building, and initiating a pilot program in the use of sick time. Manager Rozansky said it is a good study and it is their final report. He said we agree with some of it and dis- agree with some of it, but that it is a good report. Transportation Impact Fee Ordinance Backup Study: Manager Rozansky explained the City wants to use the study as the basis for our impact fee ordinance. The cost for this study will be $13,400. Motion was made by Commissioner Kaehler to accept the proposal subject to the Attorney's review. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, absent; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. . Bond Issue/Recreation Property Acquisition: Mr. Gary Akers, Southeast Municipal Bonds, reported they have just completed the process of submitting applications to insurance companies to insure the bonds which would give it triple A by Moody's and Triple A by Standard and Poor. He gave a summary of the commitments received by MBIA, AMBAC and BIG. He recommended the AMBAC commitment as the best one for the City. Motion was made by Commissioner Jacobs that we authorize Southeast Municipal Bonds to go ahead and sell bonds up to $9,000,000.00, pledge the utility tax and electric franchise fees. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Mayor Grove called a special meeting for Monday, May 1, at 7:00 p.m. for the bond issue, to be followed by the Public Hearing at 8:00 p.m. on the Tuscawilla issue. Manager Rozansky said we are providing new facilities and services, through the budget process we are going to have to remember that we have to man these facilities for the recreation program and parks. next year we will start to realize the impact of what we are doing. and as we go are going to Most likely First Reading of Ord. No.459, establishing the Beautification of Winter Springs (BOWS) Board, etc.: Motion was made by Commissioner Hoffmann to read Ord. No. 459 by title only on first reading. Seconded by Commissioner Partyka. 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. 459 by title only on first reading. . Regular Meeting, City Commission, April 24, 1989 Page 4 88-89-16 Monthly reports have been distribued. Commission Seat I - Cindy Kaehler: No report. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann explained the changes to the nuisance ordinance covers the unsightly conditions and right-of-ways at the front of properties and identifies what penalties the Code Enforcement Board sees fit to impose. The City Manager and City Attorney are to get with Chief Govoruhk and review the changes and bring it back to the Commission. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes congratulated the Mayor and Attorney for the fine letter that was sent to the County Commission on the Duda property. Commissioner Kulbes gave a report of the seminar he attended in Fort Lauderdale on Solid Waste Management. He said that it was pointed out that recycling is not a money making proposition for any city or community that goes into it. It is going to cost money and there is the education problem. Seminole County is going to send letters explaining what they are intending to do. Commissioner Kulbes said he had a resident approach him saying he is being disturbed by dirt bikers who are using Mr. Dittmer's property along the power line easement, and it is creating problems in the Greenspointe area. . Commission Seat IV - William A. Jacobs: Commissioner Jacobs spoke about the condition of Sunshine Park one Saturday when he went down for a family picnic. He suggested we look at having somebody on a part time basis to make the facilities available. Commission Seat V - Paul P. Partyka: Commissioner Partyka said the Commissioners will be getting a copy of the Lake Mary sign ordinance for their review, and if they have any comments to so note them and then give them to the City Manager. Commissioner Partyka also spoke about the development of SR 434 that it be done with some planning so that ultimately that will be a section of the City to be proud of. Mayor's Office: Mayor Grove pointed out that the City is a bird sanctuary by an ordinance adopted March 4, 1968. Mrs. Jennell of Rustic Woods, asked if it could be expanded to make the City a wildlife sanctuary. Meeting was adjourned at 10:00 p.m. Respectfully submitted, . Approved: ~-r~ Mary T. Norton, City Clerk LAST NAME-FIRST NAME-MIDDLI: NAME t:) 1Im:a../7 /? M L1N(i ADDRESS FORM 81 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUILIC OFFICERS NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE C G/J? m. ',Ss /O;/" THE BOAR COUNCIL.. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: :@) . , COUNTY t' OTHER IDCAL AGENCY NAME OF POLITICAl. SUBDIVISION: C-f; d 1A/;'lffiYl- ~ :.:~ iJ APPOINTIVE -3 IT\' fA/; d--h- S//I"'/. . . F~ DATE ON W;~f'/()n:;SLn / -Pr; vc-? ~//?~e COU NTY JR//J//M~. MY PO TION IS: WHO MUST FILE FORM. This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: I A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording lhe minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: .ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copyof the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. .,,1 . ~ IF YOU MAKE NO AITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICEI'S INTEREST I, ./1-;-rkif II 1I~d/J/J ,hereby disclose that on /~r-;' / 27L~ (a) A measure came or will come before my agency which (check one) 1. inured to my special private gain; or ,194: _ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: , ~,P#~ ?~/?t?.5-?d' S'e,.-/r/ca ~~ M/a ~U,,~ :4J/7/:;Y ~.e, Je/-t--'/ce .J7?l:*~ wtJu/d /?7-44'~ 4I(!)b;/ (f/;/ /~~, I C9u;? S~~ f~ ~-r' /J1t.Jb;/" (;?p ~r/;~ .s ~c<:-: hH / ..2..r~ Date Filed Iftf1 ~~~.- Signature . NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1985), A FAIWRE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO.