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HomeMy WebLinkAbout1989 08 14 City Commission Regular Minutes 88-89-25 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 14, 1989 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Deputy Mayor Philip A. Kulbes at 7:30 P.M.. ROLL CALL: Mayor Leanne M. Grove, Absent 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 Partyka. Commissioner Jacobs made motion to approve the Minutes of July 24, 1989. Seconded by Commissioner Partyka. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye. Motion carried. Deputy Mayor Philip A. Kulbes presided as Mayor Grove was absent. Public Comment: Mr. John Ferring, 1182 Baltic Lane, questioned a Commissioner's working as a City Commissioner, and at the same time working for a County Commissioner in his regular job. He was concerned about a possible conflict of interest. Commissioner Kaehler, suggested sending a letter to the Expressway Authority, telling them that Commissionr Jacobs, the Commissioner in question, is acting as a private individual, and is not representing the Commission. General Agenda: Planning and Zoning Board recommendation of July 26 - small scale amendment of Comprehensive Plan - request for Industrial Land Use Classification on SW 2.9 acres of lot 17, Block B. Mitchell Survey, Joyce property, north of intersection SR 434, Tuscawilla Road. Jackie Koch, City Planner, spoke. She said that in May the City stated their intent to assign the land use Light Rural Residential, and the owner's representative, at the same time, asked the City to consider changing the land use of the SW quadrant 2.9 acres to Light Industrial. She said that the Planning and Zoning Board held a Public Hearing on July 26 with the notices as required by the Comprehensive Planning Act, Chapter 163. She said the Planning and Zoning Board is referring to the Commission their recommendations and the option to continue with this request to proceed to an Ordinance, Public Hearing and decision at a later date, or a decision at this time whether the Commission will concur with the Planning and Zoning Board recommendation to deny it. She said that the Planning and Zoning Board found this request unacceptable because of inadequate roads in the area. The County did not improve the roads as was assumed, as they are under Seminole County jurisdiction. Mr. Albert Cook, representing Mrs. Joyce, and the estate of David Joyce, spoke for the request for Light Industrial Land Use. He read a portion of a letter written to Mr. David Joyce in 1982, by the then Mayor Troy Piland which expressed the feeling that the property was desirable for Light Industrial because of its proximity to a State highway and a railroad. He said that the initial recommendation of the Planning and Zoning Board was favorable to the Light Industrial Land Use. He said that if the request is denied the business enterprise, Behe and Umholtz, would be Regular Meeting, City Commission, August 14, 1989 Page 2 88-89 -25 disabled and perhaps destroyed, and the citizens of Winter Springs how are employed there, would be affected. He gave the Secretary for the Meeting, the letter from Mayor Piland for the record. Jackie Koch said that the land is still technically under the County's development standard until the City adopts an Ordinance which will give the City land use zoning. The County zoning is A-I Agriculture, and Land Use is Suburban Estates. Commissioner Partyka said that the business has operated on that property without a license and has been under violation all this time. Commissoner Kaehler made motion to accept the Planning and Zoning Board recommendation and to deny the small scale amendment and request for Light Industrial Use on the SW 2.9 acres of lot 17, Block B., Mitchell Survery, which is the Joyce property, which is north of the intersection of SR 434 and Tuscawilla Road. The property is currently zoned for Surburban Residential use. The adjacent property is also zoned for Suburban Residential use. The traffic and type of activity related to Light Industrial, as requested, is not compatible with, and would adversly affect the viability and integrity of the existing and future neighborhoods adjacent to the property. The only current access to the property, is upon a substandard, unpaved road. There is no currently approved plan to upgrade the access roads to meet the full standards and requirements for roads intended for Light Industrial Use within the City. The failure to demonstrate proprietary and adequacy of road systems they propose. All the reasons stated by the Planning and Zoning Board less the letters by the homeowners which by law we cannot consider. Commissioner Partyka seconded the motion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye. Motion carried. - Acceptance of Improvements of Foxmoor East was discussed. Land Coordinator, Don LeBlanc spoke. He gave the Commissioners a memo. He said that he was given a letter of credit acceptable to Attorney Kruppenbacher in the amount of $5,600.00 for the acceptance of improvements. Discussion. Storm water and drainage was discussed. Commissioner Kaehler was concerned about proper grading. Commissioner Jacobs moved to accept the improvements of Foxmoor East. Commissioner Partyka seconded the motion. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye. Motion carried. City 1. Manager Richard Rozansky: Property Acquisition - 10 acres: The City Manager said that he had agreements the City Attorney go over them. He said the drawn up, and was going to have Forester will be at the next meeting. 2. Mount Greenwood Arbor Ordinance: The City Manager said that the Developer offered to do landscaping in lieu of the problems he had caused. He said that he will have Mr. Artman, Public Works Director, give a report on the trees that were taken out, at the August 26th Meeting. Discussion. It was suggested that the regulations of the Arbor Ordinance be publicized in the homeowner's newspapers in order to inform the public of the regulations. The City Manager said that he wanted to put Ordinance 469, amending this year's budget in order to include the Bond Issue, on the agendga for the first reading, then set the Public Hearing between the September 11th Meeting (Public Hearing on the tentative budget), and the next week's Workshop have a special Public Hearing on amending the budget. Deputy Mayor Kulbes asked for a motion to place Ordinance - Regular Meeting, City Commission, August 14, 1989 Page 3 88-89 -25 469 on the agenda. Commission Jacobs made the motion. Seconded by Commissioner Partyka. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye. Motion carried. Attorney Kruppenbacher read Ordinance 469 by title only. After advertising, it will be on the September 18th Agenda. The City Manager said that the budget was advertised in the Sentinel last year, and he received a letter from the Department of Revenue saying that the ad didn't comply with the law, and if it was done the same way this year, they wouldn't certify it. He said he wrote a letter to the Account Executive of the Sentinel on May 22nd asking what was done wrong. He didn't receive an answer. On July 5, he gave Attorney Kruppenbacher a memo asking him to get an answer to the letter of May 22nd. He still hasn't received an answer. He said that the complaint was that it didn't comply with the ! page ad. Attorney Kruppenbacher said that a ! page ad was paid for, and there might be "cause of action" to demand the Sentinel reimburse the City for that incorrect ad. Discussion. The City Manager said a facs machine is needed. He said that the money is in the budget. Discussion. - Attorney Kruppenbacher said that he and Jackie Koch met last week with the consultants and representatives of the Home Builders Association concerning the Transportation Impact Fee. He said our consultants received the information from the City last week, and asked for 30 days to prepare and return a report to us. He said that they advised the Homebuilders Association that following the receipt of that report and our analysis, we would like to have the Commission pass and put into effect no later than the last week in October, a Transportation Impact Fee Ordinance. He said that we advised them on both Police and Fire Impact Fees, and would like to be in a position to have the Commission pass and approve Impact Fee Ordinances on those two issues no later than the last week in September. Attorney Kruppenbacher said that the judge in the Impact Fee case involving the Seminole County Impact Fee, has scheduled a hearing for mid September on the City's motions directed toward dismissing the case upon our standing or lack of standing. Attorney Kruppenbacher said that a petition was filed for a Writ of Certiorari concerning the Tuscawilla zoning. He said that a proposed order has been submitted to the Court. That order has not been issued, and until it is, there is no response that we file. Attorney Kruppenbacher said that he received a call from a Mr. Maclemore who lives in Tuscawilla, concerning a drainage ditch or pond which he can't maintain. He discussed with him what our and his liability is. Under the deed restrictions of Tuscawilla, he can't put a fence up. It is a danger without a fence. This is an issue with all ponds. Attorney Kruppenbacher said that he filed a Condemnation against Seminole Utilities. He agreed with Gulfstream that they did not have to respond to it, as they had discussed reaching an acquisition agreement with him. He said they have made substantial progress toward resolving the issue. Regular Meeting, City Commission, August 14, 1989 Page 4 88-89-25 Commission Seat IV - William A. Jacobs: Commissioner Jacobs read a letter of resignation from the Commerce and Industry Development Board, by Mr. Tom Binford. He said that if someone from the Tuscawilla Newsletter would like to put a piece in their paper, or submit some names to the Commission, he would be glad to look at them and make a recommendation to the City. Commission Seat V - Paul P. Partyka: Commissioner Partyka asked if the Fire and Police personnal issue Impact Fees could be used to offset personal salaries. Attorney Kruppenbacher said no. Commissioner Partyka asked about the Piggly Wiggly Shopping Center as to what can be done about it. He said he would talk with the City Manager about it. Commissioner Partyka discussed sign ordinances. He said that he feels we shouldn't wait for the County, but take an aggressive approach and get a Winter Springs sign ordinance that is compatible with our future plan. Commission Seat I - Cindy Kaehler: Commissioner Kaehler asked about salaries. The City Manager said that he is having a comparison of the salaries of all of the other cities put on computer. He said we would not discuss them for three weeks. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann said that Seminole and Orange Counties will be initiating water conservation at the direction of St. John's Water Management. He said that Seminole Utilities will not be making direct reports to individual customers unless they get some directive from the Water Management District. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes said that the State has passed a solid waste management program. The County has started a recycling program. The Private Industry Office Recycling Project, which will be County-wide, is going to start late this month. They have also set up a Speaker's Bureau. There will be two on August 21st. at the Chulavista Homeowner's Association, and on September 20th, there will be one in Casselberry. He suggested that anyone who is interested, might attend the meetings. Meeting adjourned at 9:20 P.M.. Respectfully Submitted, ~~~~~h~ Caroline McGinley Approved: / r- ( /i/L /;' /1 / '- .~. 1'- [C ., / / L ANNE M. GROVE, MAY