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HomeMy WebLinkAbout1989 05 22 City Commission Regular Minutes . . . " 88-89-19 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MAY 22, 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 Jacobs asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Hoffmann. Motion was made by Commissioner Kulbes for approval of the minutes of May 8, 1989. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Mayor Grove presented Lt. Bob Pieper a service pin for ten years service to the City. Public Comment: Rae Artman, Chairman of the Civic Association, said as a means of increasing ship, the Civic Association would give a free Winter Springs license plate. presented the Mayor and Commissioners with a Winter Springs license plate. member- She Helen Powell, Hacienda Village, spoke about an abandoned car between Hacienda Village and Cumberland Farms on SR 434 and also about a man that has been living out of his car for about six months. She asked if something could be done about these two matters. Catherine Lemieux, Panama Road, spoke about a drainage problem on her property. She spoke about the Foxmoor East project and the berm they are installing. She said she has asked the City to dig out a ditch behind her property and her neighbor's property, a canal easement. Her concern was how the berm is going to function. City Engineer Kozlov has been out to the property and said there has been no real major change with the work being done there. He said the Commission has mentioned that the City does not improve private property. Tom Green, Mrs. Lemieux's neighbor, said the City cut a drainage ditch off of Moss Road and that is what caused the problem. The City Engineer was asked to give a report at the next meeting if we have had a significant rainfall, and Commissioner Hoffmann also asked that the Moss Road situation be looked at. Public Hearings: Ord. No. 456, annexation of Lots 12 and 16, Phillip R. Yonge Grant, etc. Margaret S.O. Casscells, R.E.A. Casscells, & S.Ward Casscells, III, etc. Second Reading. Ord. No. 457, annexation of Lot 14, Blk. B, D.R.Mitchell's Survey, etc. William L. Sanders,Jr., etc. Second Reading. Regular Meeting, City Commission, May 22, 1989 Page 2 88-89-19 r. Ord. No. 458, annexation of Lot 15, Blk. B, D. R. Mitchell's Survey, etc. James Meade. Second Reading. Ord. No. 459, establishing the beautification of Winter Springs (BOWS) Board, etc. Second Reading. Attorney Kruppenbacher read Ord. Nos. 456, 457, 458, and 459 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. The City Planner, Jacqueline Koch, pointed out the property on the map. Robert Seigler representing the owners of Lots 14 and 15 spoke to the Commission. He said they are requesting annexation on both lots with condition upon zoning. Jamie Leer, property owner on the north side of Orange Ave., said she is not objecting to the annexation but to the possible rezoning of the land to commercial. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to approve Ord. No. 456. 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 for the approval of Ord. No. 457 and 458. Seconded by Commissioner Kulbes. Discussion. In discussion Commissioner Partyka asked about the drainage problem that was pointed out by someone in the audience on Lot 15. Mr. Hagan, Orange Ave., spoke about the pit that was dug and after a heavy rainfall the water overflows into the ditch alongside Orange Ave. . The City Planner explained the County gave permission to Mr. Meade to dig a borrow pit. After completion of the borrow pit they had some conditions or remedial work that Mr. Meade is required to do. Mr. Meade is waiting for the County to decide exactly what they want him to do. Motion was amended by Commissioner Jacobs to only include Ord. No. 457. 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. Motion was made by Commissioner Jacobs that we table Ord. No. 458 until the next regular meeting. Seconded by Commissioner Partyka. 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 Jacobs for adoption of Ord. No. 459. 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. Public Hearing: First Set of 1989 Full-Scale Amendments to Comprehensive Plan - Land Use Element-Hearing Required Prior to Transmittal to State 1. Lots 12 and 16, P.R. Yonge Grant, Plat Book 1, page 36-21 acres north of SR 434, east of Howell Branch, Adjacent to Spring Avenue-add to Winter Springs Land Use Map as PUD (Zone R-U) (Reclassification from Seminole County Suburban Estates). . . Regular Meeting, City Commission, May 22, 1989 Page 3 88-89-19 2. Lot 14, Block B, D.R. Mitchell Survey, Plat Book 1, page 5-10 acres north of SR 434, west of Brantley Avenue, north of Railroad-add to Winter Springs Land Use Map as Commercial (Zone C-l) (Reclassification from Seminole County Suburban Estates). 3. Lot 15, Block B, D.R. Mitchell Survey, Plat Book 1, Page 5-8.6 acres north of SR 434, west of Brantley Avenue, north of Railroad-add to Winter Springs Land Use Map as Commercial (Zone C-l) (Reclassification from Seminole County Suburban Estates). 4. Lot 17, Block B, D.R. Mitchell Survey, Plat Book 1, Page 5-8 acres north of SR 434, west of Brantley Avenue, north of Railroad-Add to Winter Springs Land Use Map as Rural Residential (Zone R-U) (Prior Seminole County Classification Suburban Estates). Jacqueline Koch, City Planner, explained this is the first set of amendments under F.S. 163; the City has only two each year. This is the first set, and we are at the trans- mittal stage. The Local Planning Agency had a Public Hearing on May 3rd which was noticed twice with a quarter page ad. This Hearing was also noticed with a quarter page ad in the Orlando Sentinel. At this time we consider the request of the applicant and the recommendation of the Local Planning Agency and Staff and then make a determin- ation what the Commission wishes to do. At that point a statement of intent is trans- mitted to the Department of Community Affairs, and when their comments are received, a second public hearing is then scheduled which will be in approximately three months, and at that time final action will be taken. . The first amendment is on Lots 12 and 16 on Spring Avenue. The Planning Agency and Staff have no objections to the P.U.D. Land Use. The County has no objections to that. As the P.U.D. zoning cannot be applied until a master plan is reviewed, the land will be zoned R-U for now, since they intend to leave the land in active grove farming for the near future On Lots 14 and 15, on the south side of Orange Avenue, the applicant asked for Commercial Land Use citing the surrounding lands that are Commercial and Light Industrial to the south. The City Engineer and I do not think commercial is appropriate north of the railroad track, especially if it is the kind of business that draws a lot of customers and traffic back and forth across the railroad. The Local Planning Agency feels that it should remain Rural Residential. Miss Koch explained Lot 17 is the Joyce property that failed approval last Fall. At that time the Commission's direction was to proceed with Rural Residential Land Use. Mayor Grove recessed the Commission Meeting and opened the Public Hearing. Mr. Seigel, representing the owner of Lot 14, said they are requesting Commercial Land Use. Michael Duffy, Orange Ave., spoke about the Planning & Zoning Board Meeting. John Leer, Orange Ave., presented a petition of the surrounding residents of Lots 14 and 15 objecting to a Commercial zoning on that property. Jamie Leer, Orange Avenue, pointed out the County also sent a letter objecting to Commercial zoning on Lots 14 and 15. . Attorney Cook, representing the estate of David Joyce and Mrs. Joyce, informed the Commission of a rezoning request for Lot 17 recently submitted to the City. He explained it is merely for 2.9 acres of the 8 acre parcel. The 2.9 acre parcel is being utilized by Behe & Umholtz, and they are requesting Light Industrial land use. The balance of the property is suitable for R-U. Miss Koch explained the matter this evening is to amend our map to add all the property, assigning it a Land Use classification, and a zoning category. . Regular Meeting, City Commission, May 22, 1989 Page 4 88-89-19 Sandra Gould, Brantley Ave., voiced objection to any changes as to the publicly advertised notice. Terry Hightly, Orange Ave., Ewel Higgins, Orange Ave., Moti Khemlani, Morgan Street, all spoke against commercial use of that property. Mayor Grove closed the Public Hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kulbes that items 1, 2, 3, and 4, Lots 12, 14, 15, 16 and 17 be submitted to the State for consideration under the Land Use element of the amendments to the Comprehensive Plan as Rural Residential. Seconded by Commissioner Partyka. Discussion. Miss Koch pointed out the request was for P.U.D. land use on Lots 12 and 16. Commissioner Partyka withdrew his second. Mayor Grove called for a second to the motion, and the motion failed due to lack of a second. Motion was made by Commissioner Partyka that we approve everything as stated here Rural Residential except for Lo~s 12 and 16, where the Land Use Classification is P.U.D. Seconded by Commissioner Kaehler. Discussion. (Transmit to the State that Lots 12 and 16 with the Land Use designation of P.U.D., and Lots 14, 15 and 17 as Rural Residential.) 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 recess at 9:40 p.m. and called the meeting back to order at 9:50 p.m. . Planning & Zoning Board Recommendation of May 3, 1989: Small-Scale Amendment to Comprehensive Plan: Lots 1 and 2, Pt. Lots 3 and 4, Tuskawilla,D.R.Mitchell Survey, P.B. 1, Page 5-2.9 acres south of Intersection of SR 434 and Tuscawilla Road-add to Winter Springs Land Use Map as Light Industrial (Zone C-2) (Reclassification from Seminole County Office)-Staff and LPA Recommend Commercial (Zone C-l). The concensus of the Commission was to proceed with the Small Scale Amendment and proceed with the ordinance with a Land Use Classification of Commercial and Zoning C-l. At the next Regular Meeting the ordinance will be presented for first reading. Planning & Zoning Board Recommendation of May 17, 1989-Tentative: Possible changes to Land Use Designations within Tuscawilla P.U.D. or rezoning entire P.U.D. to other zoning categories. The Land Development Coordinator explained this is the culmination of the request by Commissioner Partyka for the Zoning Board to look at the land uses within the Tuscawilla Planned Unit Development. Chairman of the Planning & Zoning Board, Gene Dorman, was present and discussed his report which will be attached to the minutes. Commissioner Kulbes and Commissioner Jacobs commended Mr. Dorman and the Planning & Zoning Board for their fine report. Commissioner Partyka asked that the report be given to the City Manager, City Planner and the Land Development Coordinator for their review and opinion. . Parcel 51-Preliminary Engineering: This item was continued until the next meeting as the Developer was not present. . . . Regular Meeting, City Commission, May 22, 1989 88-89-19 Page 5 City Manager Richard Rozansky: 1. Park Land Acquisition/Development: Manager Rozansky said the City received the Appraisals for the property this past week. The Appraisals came in at $30,000 per acre for the Lots 1, 2 and 10; $30,000 for Lot 9 and the Orange Grove came in at $33,000 per acre. The surveys have now been completed also. Manager Rozansky said he is going to have Attorney Mike Williams review the Appraisal. If everything is o.k. the closing will be scheduled after the bond closing. Manager Rozansky reported that he and Mr. Whitsett, Recreation Director, went to Tallahassee and visited the Department of Natural Resources. He said we are collecting our topos, our soils work, our plat and some aerials and all this informa- tion will be provided to the Department and they will make a preliminary examination of the property and make some recommendations. Then we will have to get an architect to design the park. The Department said our concept of this major park was great and well thought out. Manager Rozansky was informed we could get between $125,000 and $150,000 in grants. and that the park should address all aspects of recreation, not just ballfields in order to be eligible for these grants. The Surveys and Appraisals are in the Clerk's office for the Commission's review. 2. First Reading of Ord. No. 460, amending Sec. 6-84(b) Height and Size Restrictions of Accessory Buildings of Art. III. Building Construction Standards, etc. 3. First Reading of Ord. No. 461, amending Sec. 6-81 Standard Building Code adopted of Art. III. Building Construction Standards, providing for adoption of Standard Building Code-1988 Edition, except Appendix K & N; providing for adoption of Standard Existing Building code-1988 Edition; adopting Standard Housing Code-1988 Edition; Amending Art. V Plumbing, Sec. 6-126 Plumbing Code adopted, etc.: Motion was made by Commissioner Hoffmann to read Ord. No. 460 and 461 by title only. 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. 460 and 461 by title only on first reading. 4. Letter from Industrial Waste Services re: Early Trash Pickup: Manager Rozansky explained I.W.S. is asking permission to start pickup at 6:00 a.m. for the summer months. The Commission has approved this in past years. Motion was made by Commissioner Kulbes to grant them permission to start at an earlier hour, and I think that hour can be worked out by I.W.S. and the City Manager, specifying as the daylight diminishes in September and October that they would start at a more reasonable time, not before sun up. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, no; Commissioner Hoffmann, no; Commissioner Kulbes, aye; motion carried. Bids for the purchase of one Pipe Pushing/Puller with hydraulic power supply: Motion was made by Commissioner Kulbes to accept the low bid of Dixie Power Mole Company be accepted and that the contract be awarded to them in the amount of $9,477.97. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: . . . Regular Meeting, City Commission, May 22, 1989 Page 6 88-89-19 Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Monthly reports have been distributed. Attorney Kruppenbacher reported the Impact Fee Lawsuit has been sent back to Judge Leffler. Commission Seat I - Cindy Kaehler: No report. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann asked the status of the problem of the retention pond at the south end of Seneca. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes reported the Police Department Explorers unit is going to have a car show with nine different divisions in it in June. The Explorers will be directing traffic and guiding people to their proper places and helping out. He said we have a fine group of young people. Commission Seat IV - William A. Jacobs: Commissioner Jacobs said the Winter Springs license plates are very nice. He asked the status of the Senior Center. 1. Why delay by City Manager in answering my letter about staff member. Manager Rozansky answered that he is ready to sit down and discuss the matter. 2. Review of Personnel Policy. Commissioner Jacobs said he had asked the Finance Director for some information and he had to go thru the City Manager in order to provide him with the information. Manager Rozansky answered that when figures come out of the Finance Department they come through him. 3. Audit of water and sewer revenues for the possible reduction of rates. Commissioner Jacobs said based on the information he received from the Finance Director and from the April 30th Financial Statement that we are at 105% of our Reservation Charges and 123% of our interest earned he would like to see us audit that for the possibility of reducing the rates of water and sewer or for the possibility of allocating some of those monies for more parks and recreation. Manager Rozansky and Finance Director Martin explained that with the water and sewer improvement program, the negotiations with Seminole Utility and the bond issue requirements, the funds are all allocated. It was suggested Commissioner Jacobs get with Mr. Martin if he needed further clarification. 4. Hiring a consultant to review salaries of City personnel. Commissioner Jacobs said he didn't think the City ever hired a consultant that looked into salaries of City personnel and since the City of Casselberry is doing that now, he felt we should do that also. Manager Rozansky said the Florida League of Cities provides us with a salary survey and the Personnel Coordinator obtains the proposed salaries of all surrounding cities. Manager Rozansky said we do not have any major labor problems. Commission Seat V - Paul P. Partyka: Commissioner Partyka spoke about the letter from Commissioner Jacobs. He also asked about the sign ordinance from Lake Mary. Mayor Grove explained the Council of Mayor's is looking at a uniform Countywide Sign Ordinance. Commissioner Partyka said he is still waiting on a recommendation on the "Piggly Wiggly" situation from the Commerce Board. . Regular Meeting, City Commission, May 22, 1989 Page 7 88-89-19 On the SR 434 corridor, Commissioner Partyka said what he would like to see is "something we can be proud of and would be a model format". Commissioner Hoffmann suggested alternating the Commissioners reports each meeting. Mayor's Office: Endorsement of Mary Lou Miller as Council of Local Government's representative to the Seminole County Expressway Authority: Motion was made by Commissioner Jacobs to endorse Mary Lou Miller as a member of the Seminole County Expressway Authority. 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. On Seminole County's Loitering Ordinance, the concensus of the Commission was there was no objection. Meeting was adjourned 11:30 p.m. Respectfully submitted, . ~/. l4d;; Mary T. Norton, City Clerk Approved: .