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HomeMy WebLinkAbout1989 10 23 City Commission Regular Minutes 89-90-2 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, OCTOBER 23, 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, absent The invocation was given by Deputy Mayor Philip A. Kulbes. The pledge of allegiance to the flag was led by Mayor Grove. Motion was made by Commissioner Kulbes for approval of the minutes of Oct. 9, 1989. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Public Input: Mrs. Ruthanne Kulbes thanked everyone for their donations for victims of Hurricane Hugo. She also thanked the City for the contribution to the Civic Association to the Holiday Parade and Christmas decorations. General Agenda: Public Hearing for Ord. No. 471, repealing Sec. 9-178 of the Code, entitled "Required improvements to be completed prior to building on lots", etc. and providing for new Sec. 9-178, etc. Second Reading: City Manager read the second reading of Ord. 471 by title only in the temporary absence of the City Attorney. Mayor Grove recessed the Commission Meeting and opened the public hearing. Bill Miller, Altamonte Springs, asked the Commission to delay im- plementing this ordinance and give him one month to meet with Staff and come back with modifications. George Nader, president of Nader Construction Company, spoke against the ordinance. He suggested there should be a provision for a variance, particularly for model homes. He asked for the ordinance to be adopted at a later date. Attorney Kruppenbacher asked for a few moments before the Commission took action on the ordinance. Public Hearing - First Set of 1989 Amendments to Comprehensive Plan-Second Public Hearing and Adoption: I. Lots 12 and 16, P.R. Yonge Grant, PB I, Pg. 36, Seminole County-21 acres North of S.R. 434, east of Howell Branch, adjacent to Spring Ave.- add to Winter Springs Land Use Map as PUD (Zone R-U) (Prior County Land Use Suburban Estates). 2. Lot 14, Blk. B, Mitchell Survey of Levy Grant, PB I, Pg 5, Seminole County - 10 acres North of S.R. 434, west of Brantley Ave., north of Railroad-add to Winter Springs Land Use Map as Rural Residential (Zone R-U) (Prior County Land Use Suburban Estates). 3. Lot 17, Blk. B, Mitchell Survey of Levy Grant, P.B. I, Pg 5, Seminole County-8 acres north of S.R. 434, west of Brantley Ave., north of Railroad-add to Winter Springs Land Use Map as Rural Residential (Zone Regular Meeting, City Commission, Oct. 23, 1989 Page 2 89-90-2 R-U) (Prior County Land Use Suburban Estates). Jacqueline Koch, the City Planner, explained this public hearing is final action on the first set of full scale amendments to the Comprehensive Plan. These were referred to the State this summer. Miss Koch explained that Lots 12 and 16, PR Yonge Grant, etc., are the addition of 21 acres of the Casscells property to their 180 other acres to be classified Planned Unit Development. Lot 14, Blk. B, Mitchell Survey of Levy Grant, is just to the east of the City's park property. Lot 17, Blk. B, Mitchell Survey of Levy Grant, is the Joyce property that was held over from last year. Both Lots 14 and 17 are intended to be Rural Residential. The City Planner stated that the Department of Community Affairs has no objections, neither do the other State agencies. The County had no comments at all. Basically this matter is unchanged from the last meeting on these amendments in which the Commission stated the intent to go ahead and adopt these changes to assign PUD Land Use to Lots 12 and 16 of the P.R. Yonge Grant and Rural Residential to Lots 14 and 17 of the Mitchell Survey, Block B. Miss Koch pointed out the properties on the map. There was no discussion or comments from the audience. Mayor Grove then reopened the Commission Meeting. The concensensus of the Commission was to proceed with the ordinances. Motion was made by Commissioner Jacobs to place the first reading of Ord. No. 473, 474 and 475 on the Agenda. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Kaehler, aye; motion carried. Motion was made by Commissioner Hoffmann to read Ord. No. 473, 474 and 475 by title only on first reading. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Attorney Parker read Ord. No. 473, 474 and 475 by title only on first reading. First reading of Ordinance No. 472, annexation of Pt. Lot 147, Block D, Mitchell Survey of Levy Grant, etc. (Brodfuhrer): Motion was made by Commissioner Kulbes to read Ord. No. 472 by title only on first reading. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Attorney Parker read Ord. No. 472 by title only on first reading. Resolution No. 622 vacating, abandoning and closing public utility easement, (property located north of S.R. 434 between Bombay and N. Cortez Ave.): Attorney Parker read Resolution No. 622 by title only. Regular Meeting, City Commission, Oct. 23, 1989 Page 3 89-90-2 Motion was made by Commissioner Jacobs for adoption of Resolution No. 622. Seconded by Commissioner Kulbes. Discussion. Monty Blank, site engineer, spoke in discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Request to park recreational vehicle in residentially zoned district-307 Birch Terrace: Mr. Edelen spoke for his request. Motion was made by Commissioner Kulbes not to allow the parking of this recreational vehicle at 307 Birch Terrace. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, no; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, no; Mayor Grove, aye; motion carried. Attorney Kruppenbacher said he discussed Ordinance No. 471 with the Police and Fire Chiefs regarding the safety concerns in the City. Changes made: Sec. I - Sec. 9-178- required improvements to be completed prior to the issuance of certificate of occupancy or building permit. No C.O. shall be issued on a lot or parcel of land subject to this Chapter, which parcel is within a proposed subdivision nor shall any C.O. be issued therefor unless the lot or parcel is within a subdivision for which a final plat has been approved by the City Commission and the required im- provements have been installed and accepted by the City Commission. Additionally, no building permits shall be issued unless the water lines and fire hydrants are in operation within the subdivision. The property owner shall execute a release in favor of the City prior to the issuance of any building permit or C.O. Further, every builder, developer, owner of property, shall be required to notify the buyer of any property that the subdivision improvements must be completed and accepted by the City prior to the issuance of a C.O. The requirements herein shall not apply to model homes, unless the developer/builder is attempting to sell the model home. Further, nothing herein shall obviate the requirements of the City Code that the developer/builder post any and all necessary bonds required by the City. The issuance of a building permit hereunder shall not be deemed final acceptance by the City of the water lines, fire hydrants or other improvements. Buck Adkins, Winter Park, spoke in discussion of the ordinance. Manager Rozansky recommended the Commission continue this ordinance for 30 days as no one has seen the final copy of the ordinance. Motion was made by Commissioner Jacobs to adopt Ord. No. 471 as amended on second reading. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Kaehler, aye; motion carried. Motion was made by Commissioner Jacobs that Ord. No. 471 be adopted based upon the fact that there is an emergency to assure the safety of the citizens for the reasons stated therein. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Regular Meeting, City Commission, Oct. 23, 1989 Page 4 89-90-2 Carrington Woods Unit II - Acceptance of Plat and Amendment to Covenants for Recordation: The Land Development Coordinator explained this is to accept the plat and the amendment to the covenants which bring this parcel under the covenants of Unit I. All items have been reviewed by the City Attorney. Motion was made by Commissioner Jacobs to approve Carrington Woods Unit II as requested. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. City Manager Richard Rozansky: Senior Center Bids: Attorney Kruppenbacher recommended the present bids be disregarded and direct the Manager to bring back to you at the next meeting a report on this thoughts on how to proceed on this particular matter in order to avoid any kind of controversay over this issue. Motion was made by Commissioner Kaehler to follow the recommendations of the City Attorney. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Reports: Commissioner Jacobs asked the City Manager if he had a report on the Super Park. Motion was made by Commissioner Jacobs to direct the City Manager to come back with a plan at our next regular meeting as to the build out of our super park. Motion died for lack of a second. A recess was called at 8:55 p.m. and called back to order 9:10 p.m. Hearing for Arbor Ordinance Violation-Mt. Greenwood: Attorney Kruppenbacher explained that at the last meeting the Commission made a decision that there was cause to believe there may have been a violation of the ordinance. It was then continued to tonight for a hearing on whether or not the ordinance had been violated and if it had been violated, what would be the appropriate remedy in the matter. Gil Artman, Public Works Director, spoke in reference to the tree removal that occurred on July I, 1989 in the Mt. Greenwood PUD. Attorney Kruppenbacher asked Mr. Artman what was the total number of trees removed? Mr. Artman answered 27. Attorney asked were there any trees that were not removed that were damaged and Mr. Artman answered one was damaged and removed a week or two later. Attorney Kruppenbacher asked about the health of the trees and Mr. Artman answered they were relatively healthy. When asked the age, Mr. Artman answered 20 to 25 years old, and they averaged 12 inches in dimension. Attorney Kruppenbacher asked if someone is issued a permit to be able to go out and do the clearing and improvements on property they would have to be able to document to the Building Dept.comp1iance with the Arbor Ordinance, and he questioned was that procedure, that requirement that they document to the Building Dept. before your compliance in place on July I? Mr. Artman answered no. Regular Meeting, City Commission, Oct. 23, 1989 Page 5 89-90-2 Mr. Wallis, senior Vice President of Amerifirst Corporation which is the developer of Mt. Greenwood, read parts of his letter to Mr. Rozansky, dated July 31, 1989. (The letter is attached to the minutes). Attorney Randolph Rush, representing the Developer, also spoke. Tim Johnson, Gator Lane, spoke about trees his neighbor had removed from his property. Mrs. Cindy Gennell, Wildwood, also spoke in discussion. Motion was made by Commissioner Kaehler to adopt the report of the City Forester as well as his answers to your questions as your findings of fact. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Motion was made by Commissioner Kaehler that we find that there was wilful destruction of trees under the Arbor Ordinance identified by the City Forester in violation of the City Arbor Ordinance Sec. S. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Motion was made by Commissioner Jacobs that we impose a $100 fine and restitution of three trees subject to approval of the City Forester. Seconded by Commissioner Kulbes for discussion. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Kaehler, no; Commissioner Hoffmann, no; Commisisoner Kulbes, no; motion failed. Motion was made by Commissioner Kaehler that a fine be imposed in the sum of $1,000 per tree to a total of $3,000. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, no; Commissioner Kulbes, aye; Commissioner Jacobs, no; Mayor Grove, aye; motion carried. Motion was made by Commissioner Hoffmann to require reforestation in accordance with Sec. S-Sc of the Code, to be overseen by the City Forester with a report back to the Commission. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, no; Commissioner Kaehler, aye; motion carried. Public Hearing -Relative to Acquisition of Seminole Utility Company: Manager Rozansky explained that negotiations have been on-going, a condemnation suit has been filed and this evening the team is here to give a report, and take action in accordance with Florida Statutes. Attorney Kruppenbacher introduced Mr. Bill Sundstrom, the Attorney from Tallahassee who specializes in utility acquisitions, Mr. Stanley Cohen of Rachlin & Cohen, an accounting finance firm from Ft. Lauderdale and Mr. Terry Zaudtke, with Conklin, Porter & Holmes,our consulting engineering firm. Mayor Grove recessed the Commission Meeting and opened the public hearing. Mr. Sundstrom said they are here tonight with an executed agreement, purchase and sale which has been executed by Seminole Utility Company and Gulfstream Housing Corp. which awaits the Commission's consideration and disposal. He said we are involved in Circuit Court proceedings involving eminent domain. Mr. Zaudtke will report to you that the physical condition of the utility sought to be acquired is in Regular Meeting, City Commission, Oct. 23, 1989 Page 6 89-90-2 general pretty good shape. Mr. Cohen will report concerning the cash flow system. He said the bottom line is we have negotiated what we call an executory agreement of purchase and sale. The terms of the deal are subject to certain due diligence on the part of the attorneys, accountants, and engineers to verify certain assumptions and projections. The transaction involves a purchase price of 12.3 million dollars for the utility and spray field, which has an appraised value of I.S million dollars. Mr. Sundstrom presented a statement regarding the purchase of Seminole Utility Company and it is attached to the minutes. Mr. George Nader, Nader Construction Co., spoke in discussion. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Attorney Kruppenbacher read Resolution No. 623, authorizing the execution of that certain Agreement of Purchase and Sale between the Seminole Utility Company and the City of Winter Springs, Florida relative to the City's acquisition of the assets of Seminole Utility Company, in its entirety. Attorney Kruppenbacher suggested the motion be to approve this Resolution based upon the recommendations furnished by Mr. Zaudtke, Mr. Sundstrom and Mr. Cohen. Additionally, based upon the Commission's understanding that all of the technical requirements under the Agreement would be complied with and assure that their compliance is taking place by your Attorneys and experts involved. Additionally, based upon the understanding that there would be an irrevocable letter of credit with no conditions whatsoever providing any defense whatsoever to the irrevocable letter of credit by either the financial institution or the seller and additionally subject to assurance that there would be no way that any bankruptcy proceedings would in any way jeopardize the City from a financial standpoint in this matter. Motion was made by Commissioner Hoffmann to adopt Resolution No. 623 with the conditions as expressed by our Attorney and based upon the representations that have been made here tonight by Mr. Cohen, Mr. Sundstrom and Mr. Zaudtke as well as based upon your analysis the data provided under the Statute and review of the Agreement. Seconded by Commissioner Kulbes. Discussion. Mr. Sundstrom said Attorney Ken Bishop, counsel for Seminole Utility Company, just pointed out the Resolution authorizes the execution of the Agreement with Seminole Utility Company, but that it should be Seminole Utility Co. and Gulfstream Housing Corp. The second to the motion was withdrawn by Commissioner Kulbes. Motion by Commissioner Hoffmann to amend the motion to include Gulstream Housing Corp. Seconded by Commissioner Kulbes. Discussion. Vote on the motion as amended: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Regular Meeting, City Commission, Oct. 23, 1989 Page 7 89-90-2 Attorney Kruppenbacher said a meeting is being set up with Chairman Sandra Glenn, the County Administrator, City Manager Rozansky and himself to discuss the impact fee lawsuit. Motion was made by Commissioner Kulbes to put the Seminole County Community Develop- ment Block Grant (CDBG) Program; Urban County Cooperation Agreement Amendment on the agenda. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Motion was made by Commissioner Kulbes to approve the amendment subject to the City Attorney's confirming it is the same language in the agreement approved on Oct. 10, 1989. Seconded by Commissioner Hoffmann for discussion. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Commission Seat IV - William A. Jacobs: No report. Commission Seat V - Paul P. Partyka: Absent. Commission Seat I - Cindy Kaehler: Commissioner Kaehler asked the Police Chief to check the property at 222 Panama as the grass is overgrown. Commission Seat II - Arthur Hoffmann: No report. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes reported on the Solid Waste Management meeting he attended this date. Mayor's Office: Mayor Grove read the letter of resignation from Mr. Gene Dorman as follows: My resignation from the Planning & Zoning Board is forwarded herewith. My reasons are much the same as cited by the preceding chairman of the Board. Very truly yours, Gene Dorman. Motion was made by Commissioner Hoffmann to place the appointment to the Planning and Zoning Board on the Agenda. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Kaehler, aye; motion carried. Motion was made by Commissioner Hoffmann to place John Langelotti in nomination to serve on the Planning & Zoning Board for the unexpired term of Gene Dorman who has resigned. Seconded by Commissioner Kulbes. Discussion. In discussion Attorney Kruppenbacher said, subject to the understanding that effective with the appointment you are accepting his resignation from the Code Board. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Meeting was adjourned 11:30 p.m. Regular Meeting, City Commission, Oct. 23, 1989 Page 8 Respectfully submitted, ~T~ Mary T. Norton, City Clerk Approved: 89-90-2