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HomeMy WebLinkAbout1989 08 28 City Commission Regular Minutes 88-89-26 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 28, 1989 The Regular Meeting of the City Commission of the City of Winter Springs 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 Terry Hadley, Present Commissioners: Cindy Kaehler, Present Arthur Hoffmann, Present William A. Jacobs, Present Paul P. Partyka, Present Invocation: Commissioner Partyka asked for a moment of silent prayer. The Pledge of Allegiance was led by Terry Hadley. Motion for approval of the minutes of August 14, 1989 was made by Commissioner Hoffmann. Seconded by Commissioner Kulbes. Vote on the motion: Commissioner Kulbes, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye. Motion carried. Public Comment: Mayor Grove presented a Resolution of Appreciation, Resolution No. 619, to Mr. Mike Saporito for his work on the Planning and Zoning Board. Mr. John Nystrom was not present to receive his Resolution of Appreciation. Mrs. Cindy Gennell, Wildwood, discussed changing an Ordinance to permit a service station to serve food without providing fixed parking spaces. She suggested that if a car wash is allowed, it should be required to be hooked up to the reclaimed water system. Mr. Jeff Garner, representing the developer of Carrington Woods, or Tuscawilla Unit 16, requested that the Commission add to the Agenda for final acceptance, as he said he feels they are in compliance, and they are trying to move a family in which is in need of moving as soon as possible. The Commission did not agree to hear this item. General Agenda: Attorney Hadley read Ordinance 464 by title only. Meeting and opened the Public Hearing. Discussion. skateboards would come under this Ordinance. Mayor Grove closed the Public Hearing and reconvened the Commission Meeting. Motion was made by Commissioner Hoffmann to table these Ordinances until the next Meeting or until the Attorney brings in Ordinances which the Staff has had an opportunity to consider. Commissioner Hoffmann made a move to continue the Ordinances. Seconded by Commissioner Kulbes. Discussion. The Motion was amended by Commissioner Hoffmann to continue Ordinance 464. Seconded by Commissioner Jacobs. Discussion. Vote on the amendment: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kulbes, aye. Motion carried. Motion was made by Commissioner Partyka to cancel the readings of Ordinances 465, 466, and 467, to go back and redo them, and go to the first reading. Seconded by Commissioner Jacobs. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Mayor Grove recessed the Commission Mrs. Cindy Gennell asked if Regular Meeting, City Commission, August 28, 1989 Page 2 88-89 -26 Jacobs, aye; Commissioner Partyka, aye; Commissioner Kulbes, aye, Commissioner Kaehler, aye. Motion carried. Mr. Don Leblanc, Land Development Coordinator, said that the Staff has recommended approval of the final engineering for the Lord of Life Lutheran Church. Motion was made by Commissioner Jacobs for approval of the final engineering for the Lord of Life Lutheran Church as submitted. Seconded by Commissioner Hoffmann. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kulbes, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye. Motion carried. Mr. LeBlanc said that the Engineer had inspected the property of Oak Forest Unit 8, and deemed it to be satisfactory. Discussion. There was concern about the effect on the road by any water coming up through the cracks and affecting the asphalt. Mr. Dye wrote a letter stating that he will repair any road damage one year beyond the two year maintenance bond, and will put a bypass underdrain pipe through the swamp to have a better discharge of the ground water into the swamp. Mr. John Ferring spoke of drainage problems in Unit 6. He spoke of concerns about whether we have any legal right in Unit 8 because it is supposed to be a mandatory Homeowner's Association there. He said he doesn't know what the legal ramifications of the Oak Forest Homeowner's Association with the new Association is. Mr. Charlie True, Macintosh Associates Engineer for the developer said that when this project was approved, it was required that Unit 8 have a mandatory Homeowner's Association that would be assessed funds for the maintenance of the drainage facilities. He said that the plan meets the requirements of the City. He said they would like to have approval to have the plat recorded. Discussion. Mr. True said that the maintenance of the retention ponds has to be done by the City. Commissioner Jacobs moved that we approve Oak Forest Unit 8 as requested, subject to the City Attorney's memo, and to instruct the City Engineer to keep the Commission advised as to any problems that may occur. Commissioner Kulbes seconded the motion. Discussion. Mr. True said that if getting a two year bond period will satisfy the City, he would commit to that. Discussion. Vote on the motion: Commissioner Partyka, no; Commissioner Kulbes, aye; Commissioner Kaehler, no; Commissioner Hoffmann, no; Commissioner Jacobs, aye.Motion failed Commissioner Partyka made motion that the Commission request that the builder put in the underdrain subject to final approval by the Engineer, and with a bond stipulation of 2 years which is standard operating procedure for Unit 8. Commissioner Hoffmann seconded the motion. Discussion. Commissioner Jacobs said that they will put the underdrains in in their time frame. Commissioner Partyka changed his motion to approve the plat with the stipulation that the by-pass be put in, and with the two year bond, and that the by-pass be put in within 30 days. Commissioner Hoffmann said his second to the motion holds. Commissioner Partyka added the covenants and acceptance of the infrastructure. Vote on the motion: Commissioner Kulbes, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye. Motion carried. City Manager Richard Rozansky: 1. First Reading of Ordinance No. 470, adopting the Municipal Budget for Fiscal Year 1989-90. Mayor Grove entertained a motion to read the Ordinance by title only. Commissioner Kulbes made the motion. Seconded by Commissioner Kaehler. Vote on the motion: Commissioner Kulbes, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye. Motion carried. Attorney Hadley read the Ordinance by Title Only. The Ordinance will be set for Public Hearing. Regular Meeting, City Commission, August 28, 1989 Page 3 88-89 -26 2. Property Acquisition - ten acres: The City Manager said that Attorney Hadley prepared the agreement that he got with the seller. He said that the agreement has all of the safe guards that the Commission had asked for. He read the contingencies. Discussion. Mr. Jim Conger, 512 Shanes Circle, the Highlands, spoke of land that was sold by the Florida Land Company in the Highlands without the knowledge of the Homeowner's Association, and with a plat that was unacceptable. He asked how the road that the City will put in will connect with the other ten acres, and where the road is going to go. Commissioner Hoffmann said we're a government owner of a section of a PUD property which we're using as a spray field in lieu of what its designation is. The City Manager said it would bring in about $500,000 plus the fees of the water. Commissioner Kulbes made a motion to table this and have a Workshop to discuss the pros and cons. Commissioner Kaehler seconded the motion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kulbes, aye. Motion carried. 3. Mount Greenwood Arbor Ordinance: Mr. Gil Artman, Public Works Director said that a total of three trees should not have been removed. Based on the Code, a tree can be valued up to $25,000. Mr. Artman said that he received a scale on the esthetic value of trees, and that these pine trees would be valued at $659 each. Discussion. Commissioner Kulbes made motion that the City Manager write to the person who cut the trees down, give him time to respond before this Board so that we can determine what fine to levy. Commissioner Jacobs seconded the motion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kulbes, aye; Commissioner Kaehler, aye. Motion carried. The City Manager said he would send him a letter telling him he has been put on notice, give him a copy of the Ordinance, and have him appear before the Commission to explain why he cut down the trees. Commissioner Hoffmann said we should let the residents know about the Arbor Ordinance by advertising somehow and telling the Homeowner's Associations to let the citizens know about the Ordinance, and tell them to contact the City before they touch a tree. Commissioner Kaehler suggested asking the Board of Adjustment to give a variance to the Arbor Ordinance. The ten acre property acquisition was discussed again. Attorney Hadley said that in craftir the document, he tried to give absolute discretion for the 60 day inspection period. He said that there is an excellent possibility that the issue will be closed to the City on a permanent basis by a motion to table it. Commissioner Partyka made a motion to "put it back on the table". Commissioner Hoffmann seconded the motion. Vote on the motion: Commissioner Jacobs, no; Commissioner Partyka, aye; Commissioner Kulbes, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye. Motion carried. Commissioner Partyka made motion to sign this agreement, initiate the process for acquiring the ten acre parcel, that we execute the contract subject to a Workshop and a thorough investigation on the plusses and minuses of this agreement within a period of 60 days. Commissioner Kaehler seconded the motion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kulbes, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, no. Motion carried. Attorney Hadley said that if we don't like the agreement, the one who executes the contract or the Attorneys can write a letter to the seller saying that the City, under Paragraph seven, has exercised its option within the 60 days, to cancel the contract. Discussion. Commissioner Hoffmann said we should notify the Highlands' Homeowner's Association that this action is being taken. Regular Meeting, City Commission, August 28, 1989 Page 4 88-89-26 Bid Opening for 800 Amp Automatic Transfer Switch: Motion by Commissioner Kulbes to award the bid to Walco Equipment and Engineering Company of Maitland, Florida, in the amount of $7,565.00. Commissioner Hoffmann seconded the motion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Commission Seat V - Paul P. Partyka: Commissioner Partyka had nothing to add. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked about the money to be spent on the Super He said he was not prepared to make an appointment to the Commerce Development Board. He said he would wait until the next meeting. Partyka said that he put an article in the Tuscawilla Homeowner's letter announcing that the City is looking for a candidate. Park. and Industry Commissioner Association news- Commission Seat III - Philip A. Kulbes: Commissioner Kulbes said that the Senior Citizens Center design and construct will be advertised probably the first week in September. He said that the final draft of the specifications are ready. It will be advertised for the month of September, and they will probably start construction in November. Discussion. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann asked about the engineering problem with Piney Creek. He asked about the lighting plan for the Tuscawilla Golf Club. He said that the Seminole County Engineering Department is having an informal discussion on the widening of Red Bug Road from Autumn Glen to Tuscawilla Road on Wednesday, September 6 at the Fellowship Church on Red Bug Road, and on Thursday evening at 7:00 p.m. at Red Bug Elementary School. He attended the Seminole county Expressway Authority Meeting where there was discussion on the interchange with I-4. He said that if anybody is interested in the 55 answers to Commissioner Kelley's questions to the Expressway Authority Director, he has a copy. Commission Seat I - Cindy Kaehler: Commissioner Kaehler said that Jon Hall has resigned from the Commerce and Industry Development Board. She asked about the proposed commercial zoning Ordinance. She asked about the new proposals that the Planning and Zoning Board had been asked to make. Mayor's Office: Mayor Grove said that Commissioner Kulbes' and her terms of office have expired from the Wastewater Transmission Authority. Commissioner Kulbes was the Board Member, and she was the alternate. Commissioner Jacobs moved to ratify the appointment of Commissioner Kulbes as the Board Member and Mayor Grove as the alternate. Seconded by Commissioner Partyka. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kulbes, aye; motion carried. Mayor Grove asked about the CDBG Grant. Discussion. She said she would put it on the Agenda for the September lIth meeting for formal action. Regular Meeting, City Commission, August 28, 1989 Page 5 88-89-26 Designation of Voting Delegate to FLC Convention: Motion was made by Commissioner Jacobs to authorize the Mayor to be our voting delegate at the Florida League of Cities Convention. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kulbes, aye; Commissioner Kaehler, aye; motion carried. Meeting adjourned at 10:30 p. m. Respectfully submitted Caroline McGinley, City Clerk's Office ~~~~~~ Approved: