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HomeMy WebLinkAbout1989 06 26 City Commission Regular Minutes 88-89-22 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 26, 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 City Attorney Tom Lang, 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 and the pledge of allegiance to the flag was led by Commissioner William A. Jacobs. The City of Winter Springs was awarded a plaque for their 30th anniversary by the Longwood/Winter Springs Chamber of Commerce at their luncheon that was held at the Civic Center on June 26, 1989. Motion was made by Commissioner Hoffmann for approval of the minutes of June 12, 1989. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. . In the minutes of the Special Meeting of June 19, Commissioner Kulbes asked that on the 3rd paragraph, on page 2, a change be made to reflect a 4,800 square foot building instead of the 4,000 sq. foot building. Motion was made by Commissioner Kulbes to approve the minutes of June 19, 1989 (as amended). 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 Comment: Diane Pickett, representing Cablevision of Central Florida, ATC, spoke to the Commission regarding the Time Warner impending merger. She said prior to that merger taking place, Paramount made a hostile take-over bid for Time Inc. In the process of doing that, Paramount requested the FCC to set up a voting trust and to transfer stock and our licenses held by the FCC to the voting trust. She said what we are asking you is if you, in protecting the rights of the City, would join in with a suit filed by the City of Casselberry last week against Paramount to basically guarantee the rights of the City in an attempt to prevent the FCC from granting the voting trust. She said there would be no legal costs incurred by the City. Cablevision would pick up all legal costs. If Paramount is successful in this they will incur major debt, sixteen billion dollars or more and that could impact not only rates but service and techno- logical advancement. . Ms. Pickett asked the Commission to authorize the City Attorney to join in the suit with the City of Casselberry. . Regular Meeting, City Commission, June 26, 1989 Page 2 Public Hearing for Ord. No. 460, amending Sec. 6-84(b) Height and size restrictions of Accessory Buildings of Art. III, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 460 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 for the adoption of Ord. No. 460. 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. Public Hearing for 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. Second Reading: Attorney Kruppenbacher read Ord. No. 461 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 Kulbes for adoption of Ord. No. 461. 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. . Georgetowne Units II & III-Commission Action on Final Engineering: Motion was made by Commissioner Kulbes for the approval of Georgetown Final Engineering plans subject to review of the as-built drawings by the City Engineer. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. City Manager Richard Rozansky: Resolution No. 617, adding "Mobile" license to types of occupational licenses, etc.: Motion was made by Commissioner Jacobs that we amend the agenda to reflect that Resolution No. 617 is the first reading of Ordinance No. 463. 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. Attorney Kruppenbacher read the first reading of Ord. No. 463 by title only. . Financial Advisor-Seminole Utility Acquisition: Manager Rozansky explained the professional services contract between the City of Winter Springs and the Leedy Corporation and their fee would be $.50 per bond, for services they perform in the acquisition of Seminole Utilities. After discussion of the change in the amount of fees, Commission was in agreement to not engage the services of a Financial Advisor at the present time. At the appropriate time and at the advice of the Attorney then the City will go out for bid for a financial advisor. . . . Regular Meeting, City Commission, June 26, 1989 Page 3 Motion was made by Commissioner Jacobs to table the financial advisor until such time that this Commission feels that it would be beneficial to the City. Seconded by Commissioner Hoffmann. Discussion. Motion was amended by Commissioner .Jacobs to change "Commission" to City Manager, City Attorney and Staff. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion as amended: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Monthly reports have been distributed. Manager Rozansky reported he would be presenting the 1989-90 Fiscal Year Budget the first meeting in July. Manager Rozansky reported the closing on the park land was held today. He said a meeting was held with Mr. Dan Jones from the Department of Natural Resources and Staff regarding plans for the park. With the budget to be presented will be a schedule of the development stages of the park. Manager Rozansky also reported he has ordered the Building Department to put handrails out front of City Hall; the petition was filed on the Seminole Utilities lawsuit today and he spoke about the computer furnished py the property appraiser and the costs involved. Attorney Kruppenbacher reported the Impact Fee lawsuit is presently in front of Judge Leffler. At the next meeting Attorney Kruppenbacher said he would have an index of every waiver provision that is in our present Code Book, and he would prepare an ordinance abolishing all the waivers for the Commission to review. Commission Seat II -Arthur Hoffmann: Appointment to BOWS Board: Commissioner Hoffmann nominated Mr. James Gray, 1390 Ayerswood Court. Motion was made by Commissioner Jacobs to ratify the appointment of James Gray to the BOWS Board. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Commissioner Hoffmann asked about the impact fee ordinance and Attorney Kruppenbacher said that Tipton & Associates is working on that. Commissioner Hoffmann also reported he has requested the last issue of the DUDA preliminary development order with the amendments of the vote the County had. Commissioner Hoffmann also spoke about the comment he Ranchlands, saying the roads are again in bad shape. done, and perhaps the Commission should take a second had from someone living in the He asked if something could be look at the paving issue. Commission Seat III - Philip A. Kulbes: Appointments to Planning & Zoning Board, Board of Adjustment and BOWS Board: . Regular Meeting, City Commission, June 26, 1989 Page 4 Commissioner Kulbes nominated John Torcaso to the Planning and Zoning Board, Richard Tiffaney to the Board of Adjustment and Jesse Grantham to the BOWS Board. Motion was made by Commissioner Jacobs to ratify Commissioner Kulbes' recommendations to the BOWS Board, Planning & Zoning Board and Board of Adjustment. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Commissioner Kulbes reported that on Tuesday, June 27th the City Manager and he would be meeting with the County representative on solid waste who will make a presentation on how the County is going to implement the recycling program throughout the County. Commission Seat IV - William A. Jacobs: Appointment to BOWS Board: Commissioner Jacobs appointed Susie Reid to the BOWS Board. Motion was made by Commissioner Kulbes for the approval of Commissioner Jacobs nominee for the BOWS Board. 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. . Commissioner Jacobs said at the last meeting he agreed to meet with the City Manager in reference to his fault with him in not investigating the request from a City Commissioner. Commissioner Jacobs said he met with Mr. Rozansky the following morning with the City Attorney and City Clerk present; he has yet to hear from Mr. Rozansky in reference to that meeting. Because of that Commissioner Jacobs is now requesting the City Commission to investigate the City Manager in reference to his performance and whether or not he is acting properly, by not acting on a request from a City Commissioner.Discussion followed. Manager Rozansky said he would like to set the record straight. He said Commissioner Jacobs wrote him a letter. He looked into it and answered the letter to the best of his ability. Commissioner Jacobs was not happy. The Commission said sit down with Mr. Jacobs and discuss it. Manager Rozansky said he sat down with Mr. Jacobs and discussed it. Manager Rozansky said they went through item by item and there were certain items Manager Rozansky told Mr. Jacobs he could see that Mr. Jacobs did not agree with him, some were the way he administered the Personnel Policy. Manager Rozansky said he thinks that is his privilege and his position as Manager. Manager Rozansky also told him there were certain items we probably would never agree on because he didn't see his point of view and Commissioner Jacobs didn't see Mr. Rozansky's point of view. Manager Rozansky said that wasn't true that he was supposed to get back to Mr. Jacobs, because when he left the meeting Manager Rozansky said he did the best he could and that Mr. Jacobs said he would proceed with the way he thought he ought to proceed. Manager Rozansky said that is the way he perceives the meeting went and he said he thinks he did his job and this whole exercise is ludicrous. . Mayor Grove asked that Commissioner Jacobs delineate in writing what he wishes to be investigated and Commissioner Jacobs said he would have it for the next meeting. Regular Meeting, City Commission, June 26, 1989 Page 5 . Commission Seat V - Paul P. Partyka: Appointments to Planning & Zoning Board, Board of Adjustment and BOWS Board: Commissioner Partyka nominated Joseph Ehardt to the Planning & Zoning Board and Tim Johnson to the Board of Adjustment. Commissioner Partyka said he would make his appointment to the BOWS Board at the next meeting. Motion was made by Commissioner Kulbes that we approve the nominations as presented by Commissioner partyka. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Commission Seat I - Cindy Kaehler: Appointments to Planning & Zoning Board, Board of Adjustment and BOWS Board: Commissioner Kaehler reappointed David Hopkins to the Planning & Zoning Board; Harry Reid to the Board of Adjustment and appointed Cindy Jennell to the BOWS Board. Motion was made by Commissioner Jacobs to ratify the appointments recommended by Commissioner Kaehler. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. . Commissioner Kaehler spoke about the 1982 Comprehensive Development Plan that was adopted by the City and is supposed to be the guide for running the City. She said the plan refers to establishing design standards to apply to all commercially designed property to produce well organized business growth, architectural land- scaping, sign control and traffic circulation, coordinated to enhance the total community, establishing perpetual committees or boards composed of residents and commercial property owners to formulate architectural guidelines for non-industrial commercial sites and reinforce such standards by ordinance. Adopt minimum landscaping and on-going maintenance requirements for business construction. Commissioner Hoffmann suggested the Planning & Zoning Board set the priorities. Commissioner Kaehler said that the Plan says as a Commission we have to make sure the goals and objectives that are set "don't get away from us". Commissioner Kulbes said at the last Commission Meeting the Commission rejected all the bids on the Senior Center, and it was decided to go out for a design/construct proposal. Commissioner Kulbes said he has prepared the invitation to bid, notice of bidders and specifications. He gave copies to the City Manager City Engineer and City Attorney to review. Motion was made by Commissioner Hoffmann that the issue of licensing of Cablevision and the Paramount problem be put on the Agenda. Seconded by Commissioner Kulbes. 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 that we join in with Casselberry in the suit against Paramount and DKJ, subject to receipt by the City of the same indemnification received by Casselberry which basically provides it can cost the City nothing. . Regular Meeting, City Commission, June 26, 1989 Page 6 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. Mayor's Office: Resolution No. 618 in support of a one year, one cent sales tax for the purpose of funding law enforcement capital projects: Attorney Kruppenbacher read Resolution No. 618 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 618. 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. Two appointments to BOWS Board: Mayor Grove suggested that Seats 1, 3 and 5 would be three year terms; Seats 2 and 4 would be two year terms and her appointments would be for one year. Commission was in agreement. Mayor Grove appointed Diane Brown and Carl Stephens to the BOWS Board. Motion was made by Commissioner Jacobs to ratify the Mayor's appointments to the BOWS Board. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. . Appointments to the Municipal Technical Advisory Committee and Citizens Advisory Committee: In the absence of appointments to these committees Mayor Grove will be contacted. Mayor Grove declared the 30th Birthday party of the City of Winter Springs a huge success in spite of the rain. Meeting was adjourned 9:00 p.m. Respectfully submitted, m~~~ Mary T. Norton, City Clerk Approved: MAYOR LEANNE M. GROV .