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HomeMy WebLinkAbout1989 11 13 City Commission Regular Minutes . . . 89-90-3 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 13, 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, absent William A. Jacobs, present Paul P. Partyka, present The invocation was given by Deputy Mayor Philip A. Kulbes. The pledge of allegiance to the flag was led by Commissioner William A. Jacobs. Motion was made by Commissioner Kulbes to approve the minutes of October 23, 1989. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Public Comment: Jack Bergman, said he would save his comments to talk about the Senior Center. Gladys Zahand, Murphy Road, representing the Seniors, spoke about the seniors' disappointment because the Center is still not built. Mayor Grove displayed the large "thank you card" she received from Winter Springs Elementary School, which was addressed to Officer Robert Franklin, Officer Wes Dowell and Commissioner Kulbes for speaking to the second grade to say no to drugs. General Agenda: Planning & Zoning Board Recommendations of Nov. 1: Small-scale Amendment to Land Use Map - add 2~ acres adjacent to Dunmar at Rural Residential classification (Pt. Lot 147, Blk. D, Mitchell Survey): The City Planner explained the Planning & Zoning Board held a public hearing in accordance with Chapter 163 for the small scale amendment to the land use map. The public hearing had to do with assigning the land use under State Statute requirements for small scale amendments. The annexation ordinance is now in process and the recommendation of the Planning & Zoning Board was to approve the request of the applicant which is for rural residential land use. Commission concurred with proceeding with the ordinance. Motion was made by Commissioner Kulbes to read Ord. No. 478, (add 2~ acres adjacent to Dunmar to Land Use Map at Rural Residential classification, etc.) by title only. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Attorney Kruppenbacher read Ord. No. 478 by title only on first reading. . Regular Meeting, City Commission, Nov. 13, 1989 Page 2 89-90-3 First Reading of Ord. No. 476, add 5 acres on south side of S.R. 434 just east of S.R. 419 to Land Use Map at Commercial classification (Pt. Lot 8, Blk. D, Mitchell Survey). First Reading of Ord. No. 477, add 35 acres on Lake Jesup to Land Use Map at Rural Residential classification (Lots 1-2, Blk. C, Lots 9-10, Blk. B, Mitchell Survey): Motion was made by Commissioner Partyka to read Ord. Nos. 476 and 477 by title only on first reading. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Kulbes, aye; motion carried. Attorney Kruppenbacher read Ord. Nos. 476 and 477 by title only on first reading. . Planning & Zoning Board Recommendations of October 18th: Chestnut Ridge (intersection of Northern Way and Greenbriar Lane) Final Development Plan/Preliminary Engineering: Don LeBlanc, Land Development Coordinator, explained the project is located at the intersection of Northern Way and Greenbriar Lane. The Staff comments and Planning and Zoning Board recommendations have been distributed. Discussion followed on the ponds. Jim Willard Attorney with Swann & Haddock, counsel for American Pioneer Savings Bank, the owner of the Chestnut Ridge project, said they have an easement agreement that has been negotiated with golf course owners and it is agreed between the parties the developer and subsequently the homeowners association would maintain the pipes going into the ponds, and have the right to maintain the ponds themselves and the golf course would maintain the landscaping and the areas around the ponds. He said the agreements are with the City at this time. The Commissioners were concerned that lots 34, 35 and 36 were not suitable for building. Motion was made by Commissioner Jacobs to approve the preliminary engineering for Chestnut Ridge and to incorporate the changes as recommended by the Planning and Zoning Board and Staff. Seconded by Commissioner Kulbes. Discussion. Commissioner Partyka again spoke of the concern of the drainage issue on the three lots. Richard Coniff, representing the Homeowners Association in Fairway Oaks, was concerned that the pond is taking shape of a drainage ditch running behind the property and asked for the opportunity to review the shape of the pond and the location, and was told he could review it when they come in with final engineering. Vote on the motion: Commisisoner Partyka, aye; Commissioner Kaehler, no; Commisisoner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Parcel 51 (Winter Springs Boulevard, west of Country Club) - Final Development Plan/ Preliminary Engineering-Revised Submittal: Don LeBlanc explained this is the Golfview condominium project which is to be built next to the Country Club. This project was before the Commission on June 12, 1989 at which time they were asking waivers for two items, to have streets less than 30 feet right of way and to have a Club House possibly less than 50 feet from a body of water. The Commission denied those two waivers at that time. They have resubmitted their plans. . Motion was made by Commissioner Jacobs that we approve Parcel 51 final development plan, preliminary engineering as revised. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Kulbes, aye; Commissioner '. . Regular Meeting, City Commission, Nov. 13, 1989 Page 3 89-90-3 Jacobs, aye; Commissioner Partyka, aye; motion carried. Resolution No. 624, vacating the northwesterly 1.50 ft. of the southeasterly 7.50 ft. drainage easement on Lot 100 of Highland Village Two, etc.: Attorney Kruppenbacher read Resolution No. 624 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 624. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Appointment to Code Enforcement Board: Motion was made by Commissioner Kulbes to nominate Lurene Lyzen of 627 Marni Drive to be placed on the Code Enforcement Board. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Kulbes, aye; motion carried. Mayor Grove called a recess at 8:25 p. m. and called the meeting back to order at 8:35 p.m. City Manager Richard Rozansky: Discussion of user fees and charges - Ord. No. 449: Manager Rozansky explained that the Ordinance was adopted in January. has been applied to the developers that have developer agreements. Jacobs asked that it be put on the Agenda for discussion. The ordinance Commissioner . Commissioner Jacobs said the reason he asked to have this on the Agenda is that at the time the ordinance was passed, the only discussion in reference to increased fees was to any new developer that came into the City. Commissioner Jacobs said it is not his recollection that anything was said to the Commission that the increase in fees would be charged to the developers that had the reservations or developer agreements. Commissioner Jacobs asked Mr. Rozansky did he know he was going to do this at the time the ordinance was passed, and if so, why didn't he advise the Commission. Manager Rozansky explained the Ordinance was adopted in January. Before the Ordinance was adopted a water and sewer study was accepted by the Commission and subsequent to the water and sewer study, Conklin, Porter & Holmes did another study on fees and that was done in December. Mr. Rozansky said the fees were discussed and they are in our Capital Improvements Program. The ordinance does not discriminate between a new user or an old user. Because a developer has an agreement does not mean he is a customer. He simply has reserved capacity they are paying for at a certain date. Manager Rozansky explained if they buy it in 1975 for a certain amount of dollars and develop it in 1985 for the same amount of dollars, that is quite a good break with inflation and the improvements the City has made to the system. Motion was made by Commissioner Kulbes that we vote to say that in passing this Ordinance it was not the intent of the Commission to make any retro-active charges to the Developer Agreements. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Partyka, no; Commissioner Kaehler, no; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Mayor Grove, aye; motion carried. . Mayor Grove called a Workshop for Nov. 20th, 7 p.m. to discuss the issues. . Regular Meeting, City Commission, Nov. 13, 1989 Page 4 89-90-3 Senior Center Report/Recommendation: Attorney Kruppenbacher explained that a new section to the design/build concept law has been passed this year. His recommendation was that we go out for bid and get started. Manager Rozansky said he would write an RFP and get started on the project. Status of park development: Manager Rozansky reported he prepared a Notice to Professional Consultants that is being reviewed by the Attorney. He said he has a meeting with Mr. Dan Jones, DNR, to review the preliminary plans of the park. Manager Rozansky said he would get the notice in the paper and report back to the Commission on his meeting with the Department of Natural Resources. Motion was made by Commissioner Jacobs to approve the City Manager's recommendation for RFP for the recreation facility. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. City Forester's Report on Mt. Greenwood reforestation: Mr. Gil Artman was present to report on his final action on the Mt. Greenwood Arbor violation. Mr. Artman said 13 small non-juvenile trees would be planted along the back line of the lots in question, based on the formulas in the Arbor Ordinance for the three trees that were taken down. Mr. Artman said he checked with Mr. Phil Wallis of Amerifirst and he agrees with his findings. . Letter, Mr. Edelen, Oct. 29, 1989-reconsideration of request to park recreational vehicle: Motion was made by Commissioner Partyka to put reconsideration of the issue back on the table. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, no; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Motion was made by Commissioner Jacobs to grant the request of the applicant to park his recreational vehicle as requested. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Kulbes, no; motion carried. Attorney Kruppenbacher reported the City was served with a lawsuit from the Topeka Group which is the party who asserted they have an interest in Seminole Utilities. Attorney Kruppenbacher said he would report back on this lawsuit. Attorney Kruppenbacher reported on the Moss Road assessment on the Indian Ridge property. The FSLIC is proposing to resolve the issue of the penalty fee by paying 20% or $3,283.04. Attorney Kruppenbacher recommended from a pure legal standpoint that the City accept that amount. Commission was in agreement to accept the 20% of the penalty check which was in the amount of $3,283.04. On the transportation impact fees, Attorney Kruppenbacher said the City Manager, the City Planner and our Transportation consultants had a meeting and data has been provided to the Home Builders Association. He said the ordinance would be presented either on Nov. 27th or the first meeting in December. . -1 . Regular Meeting, City Commission, Nov. 13, 1989 Page 5 89-90-3 Attorney Kruppenbacher presented an evaluation appraisal form for the Commission to review, and this can be discussed at the next meeting. There were no Commissioner reports. Mayor's Office: Winter Springs representative to Task Force on Stormwater Management: Commissioner Kulbes volunteered to be the City's representative. Council of Local Governments: Mayor Grove asked Commissioner Kaehler to be the City's representative and Commissioner Kaehler accepted. Meeting was adjourned 10:30 p.m. Respectfully submitted, ~-;~ Mary T. Norton, City Clerk .( \ '- R Approved: .