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HomeMy WebLinkAbout1989 11 27 City Commission Regular Minutes 89-90-4 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, NOVEMBER 27, 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, 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. Motion was made by Commissioner Kulbes to approve the minutes of November 13, 1989. 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 Mayor Grove called a brief recess for a presentation of Flags from V.F.W. Post 5405 and its Auxiliary. Diane Pickett, representing Cablevision of Central Florida presented the annual franchise check in the amount of $71,681.77. She also presented the Commissioners a copy of the ATC Annual Report and a tape of the Winter Springs 30th Anniversary Celebration. Martin Trencher presented a banner, "Hurricane Force Winds Blow Notre Dame Away" to Commissioner Partyka, Commissioner Jacobs, Commissioner Kulbes and Attorney Kruppenbacher. General Agenda Public Hearings and Second Readings: 1. Ord. No. 472, annexing to the corporate limits of the City of Winter Springs, 2~ acres adjacent to Dunmar Estates fronting Tusca Trail, etc. 2. Ord. No. 473, amending the Comprehensive Plan (Lots 12 and 16, Phillip R. Yonge Grant, etc.) 3. Ord. No. 474, Survey of the 4. Ord. No. 475, Survey of the amending the Comprehensive Levy Grant, etc.) amending the Comprehensive Levy Grant, etc.) Plan (Lot 14, Block B, D.R. Mitchell's Plan (Lot 17, Block B, D.R. Mitchell's Attorney Kruppenbacher read Ord. No. 472, 473, 474, and 475 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the Public Hearing. Ord. No. 472 is an annexation ordinance annexing 2~ acres and is located south of Dunmar. The other three ordinances are the first set of amendments for 1989. No one in the audience spoke for or against the ordinances. Mayor Grove closed the public hearing and reconvened the Commission Meeting. . review. He said before we take any representation from the sellers as to a financial guarantee, he will assure the Commission that that guarantee will be in the form of an irrevocable letter of credit issued by an acceptable banking institution. . . . Regular Meeting, City Commission, Nov. 27, 1989 Page 3 89-90-4 He said the sellers are getting our piece of paper, our bond anticipation note (Ten and a half million dollar bond anticipation note carrying a maximum effective rate of interest of 6.5% on a 5 year basis). We will be getting irrevocable letters of credit. all of which is spelled out in the contract, and the details of which still have to be negotiated. Mr. Sundstrom wanted the record to reflect that the seller and its consultants all have been nothing but gentlemen. They really have been a fine group of folks to work with. Mr. Sundstrom also reported that one of the counts in the lawsuit was an allegation that the City and the seller entered into a conspiracy to hurry up and acquire the Utility prior to an option date, when in fact, based upon affidavits filed with the court by consultants to the party seeking intervention, that the value of the Utility was 17 to l8~ million dollars in cash. Mr. Sundstrom explained the City was sued for buying the Utility too cheap. Discussion followed. Then Mr. Sundstrom said they would be back at the beginning of next year. Recommendations of B.O.W.S. Board: Carl Stephens, Chairman of the Board, thanked the Commission for glvlng them an opportunity to serve on the Board. They have written their By-Laws and are now working on a master beautification plan. Their Recommendations to the City Commission are as follows: 1. The BOWS Board requests that the City of Winter Springs please install irrigation, and do some landscape planting along the Public Works wall. 2. The BOWS Board wishes to advise the Commission that it is in full support of mandatory trash pickup. 3. The Board would like for the City Commission to send a letter to the Principal of Keeth Elementary School asking that the retention pond be mowed and maintained. 4. The BOWS Board requests that the City Commission write a letter to the Principal of the Winter Springs Elementary School, with a copy to their PTA President and to Mr. Ken Bovio, Director of Elemen~ry Schools of Seminole County, stating that the BOWS Board would appreciate the initiation of some general landscaping projects, and allow the BOWS Board to supply its services if requested. 5. The undergrowth in the pond at Georgetown has been brought to the attention of the BOWS Board. The Board would like to know if anything can be done about it. They would like to see the condition at that site improved. Motion was made by Commissioner Jacobs that we accept the recommendations of the BOWS Board. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. City Manager Richard Rozansky: 1. Amendment 11 to CPH Agreement: Motion was made by Commissioner Kulbes that we approve the Amendment 11 to the Conklin Porter & Holmes Agreement, not to exceed $14,763.00. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. . Regular Meeting, City Commission, Nov. 27, 1989 Page 4 89-90-4 Reports: Manager Rozansky reported that Huntley Lane and Keith Court in the Highlands need to be added to the list of streets to be resurfaced. The cost would be $5,507.50. The Commission was in agreement to resurface these two streets. Monthly reports have been distributed. Discussion followed. Commissioner Hoffmann asked the City Engineer if the water leakage problem at Seneca Boulevard and Winter Springs Boulevard has been resolved. City Engineer Leonard Kozlov explained there is water building up along the south end of Winter Springs Boulevard and Seneca Boulevard intersection. The water is building up on private property, property that belongs to Gulfstream. Mr. Kozlov's recommendation was to find an alternate route vis-a-vis a pipe or swale and the impasse is that the Corporation is somewhat hesitant to undergo the expense of this pipe. Attorney Kruppenbacher said he will report on this matter at the next meeting. Attorney Kruppenbacher said an ordinance on impact fees will be prepared for the next meeting. . Attorney Clay Parker spoke in regard to Armando Guarin's appeal to the circuit court which was in regard to the property he purchased. The garage was converted into an office and was being used as a sales office in the development. He purchased the property knowing that it was going to have to be changed back to a garage, and he has yet to do that. A brief has never been filed, and Attorney Parker said he filed a motion to strike Mr. Guarin's Notice of Appeal. Attorney Parker asked the Commission if they wanted him to dismiss his motion to strike the notice of appeal. The Commission was in agreement to not change the position Attorney Parker has taken. Attorney Kruppenbacher reported that Chief Govoruhk has informed him that when our City Code was recodified, Sections 11-18, paragraphs la, b, c and d were left out. Motion was made by Commissioner Kaehler to put Ord. No. 479 on the Agenda. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Kaehler to read Ord. No. 479 by title only on first reading and to adopt Ord. No. 479 under emergency measures. Seconded by Commissioner Kulbes. Discussion. John Ferring, Baltic Lane, spoke in reference to parking cars on lawns, backyards and side yards. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Attorney Kruppenbacher spoke about the gentleman (Mr. Linden) that approached the Planning & Zoning Board and had some comments. Subsequent to that he was suspended from the Tuscawilla Country Club for two weeks. Attorney Kruppenbacher said a club of the size of Tuscawilla has the potential to do serious damage if they can quell the rights of people to talk to the City Commission or Planning & Zoning Board and he recommended a letter be sent to Tuscawilla saying you do not care to see this happen. . . Regular Meeting, City Commission, Nov. 27, 1989 Page 5 89-90-4 After discussion the consensus of the Commission was the Mayor would write the letter to the Tuscawilla Country Club showing disapproval of this action. Attorney Kruppenbacher said he would get with the City Manager and write something for the Mayor. Commission Seat I - Cindy Kaehler: Commissioner Kaehler asked about the Workshop Meeting that had been scheduled for Nov. 20th. That meeting was cancelled but a Workshop Meeting has now been scheduled for December 18th at 7:00 p.m. to discuss connection fees. Commissioner Kaehler asked about waivers to right-of-ways. She asked about Parcel 51, and that there was no mention to the 30 foot right of ways there. City Engineer Leonard Kozlov explained that in Section 9-296 of the City Code, allows for private roads with inverted crown can be 30 ft. right of way. Commissioner Kaehler said the new ordinance was supposed to read that private roads were to be built to the same standards and that 30 ft. right of way is not acceptable. At the Workshop Meeting on December 18th Ord. 471, 464, 465, 466 and 467 will also be discussed. Commissioner Kaehler said the Holiday Parade was wonderful and the Civic Association is to be commended. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann reported he has been reappointed to the Florida League of Cities Finance and Tax Committee. He said he enjoyed his trip to New Zealand. He asked about a letter from Indian Ridge drainage, and that was a private matter. . Commission Seat III - Philip A. Kulbes: Commissioner Kulbes spoke about the project "Sacking a Crack Shack" and said he would get with Police Chief Govoruhk. He spoke about a letter he received from Mr. Fisk about traffic problems in Oak Forest. Commissioner Kulbes said he has been reappointed to the Ethics and Personnel Board. Commission Seat IV - William A. Jacobs: Commissioner Jacobs reported he has been reelected Chairman of the Florida Municipal Pension Trust Fund. Commission Seat V - Paul P. Partyka: No report. Mayor's Office: Mayor Grove asked about starting time for I.W.S. Commissioner Kaehler asked about the carton charge being charged by I.W.S. City Manager said he would look into this. Meeting adjourned 10:00 p.m. Respectfully submitted, Yh. ~r;~ Approved: .~ Mary T. Norton, City Clerk LEANNE M. GROVE