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HomeMy WebLinkAbout1990 06 11 City Commission Regular Minutes . . . 89-90-16 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 11, 1990 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 Cindy Kaehler, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Arthur Hoffmann, present Philip A. Kulbes, present William A. Jacobs, present Paul P. Partyka, present The Invocation was given by Commissioner Philip A. Kulbes. The pledge of allegiance to the flag was led by Commissioner Hoffmann who gave a brief history of the pledge of allegiance. Motion was made by Commissioner Kulbes to approve the minutes of May 14, 1990. 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: John Ferring, Baltic Lane, asked if the meeting could be continued to another time if it gets too late due to the length of the Agenda. Public Hearings and Second Readings: Ord. No. 485, acknowledging the Acquisition of the City's East System from Seminole Utility Co. and establishing water and sewer user charges and other related charges and fees for said East System, etc. Ord. No. 486, vacating and abandoning a portion of a 15' drainage easement located to the rear of Lot 106, Carrington Woods Unit II as recorded in P.B. 42, Pgs. 35 & 36,etc. Ord. No. 490, vacating and abandoning existing conservation easements in Glen Eagle Units I and II, etc.: Attorney Kruppenbacher read Ord. No. 485, 486 and 490 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. No one spoke for or against the Ordinances. Mayor Grove closed the public hearing and re- convened the Commission Meeting. Motion was made by Commissioner Hoffmann to adopt Ord. No. 485. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Motion was made by Commissioner Kulbes to adopt Ord. No. 486. 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. Motion was made by Commissioner Kulbes to adopt Ord. No. 490. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . Regular Meeting, City Commission, June 11, 1990 Page 2 89-90-16 Recreational Facility-User Survey/Public Input/Participation: Manager Rozansky explained that a survey will be conducted by Datafax who will take a random sampling of residents as to the activities that should go into the park. Two public hearings will be held, one on June 27th with the Planning & Zoning Board and another one on a Saturday to take public input. From that the architect will be able to start a basic plan. Manager Rozansky said he has distributed a letter to the Commission from Florida Trails. Nancy Prine of Glatting Lopez Kercher Anglin was present to answer questions. Mr. Rozansky said he would contact Mr. Barth to proceed with the survey. Winter Springs Golf Course-Acquisition Consideration/Feasibility: Mr. Dan Wood of the Golf Course and Mr. Mark Galvin representing Southeast Municipal Bonds were present. Mr. Wood said the partnership would consider reducing the price to $4,800,000 if they could retain 5.39 commercial acres. For $4,800,000 the City would be getting the golf course, 2.556 acre residential piece, 1.063 commercial acres up front where the cart shed is, the club house and new entranceway will be and along with the residential piece the City would also be getting 7,500 gpd of water and sewer capacity which would allow 30 apartments to be built there. A consensus of the Commission was not in favor of spending this much money for a golf course. . Special Exemption to Sec. 4-2 of the Code-Request of Patricia E. Dorman to have more than two (2) dogs at 114 S. Cortez Ave.: Motion was made by Commissioner Partyka to approve that Patricia E. Dorman have the ability to have more than two dogs on her property. Seconded by Commissioner Kulbes for discussion. In discussion Mr. Ferring pointed out this case had come before the Code Enforcement Board. Attorney Kruppenbacher recommended this not be approved as there had already been a complaint to bring it to the Code Board. Vote on the motion: Commissioner Kaehler, no; Commissioner Hoffmann, no; Commissioner Kulbes, no; Commissioner Jacobs, no; Commissioner Partyka, no; motion failed. Request of Jon Zabel/C.J. Rhodes to have a Nursery/temporary buildings on south side of S.R. 434 between Hayes Road and S.R. 419: Mr. Zabel explained that Mr. Rhodes would lease the property during a temporary period of time to determine whether or not he would want to purchase it once he sees how successful a business it would be at that location. Manager Rozansky explained if Mr. Rhodes decides to move in permanently he will have to submit a Site Plan. Staff has reviewed this and they have no problems. Motion was made by Commissioner Jacobs that we approve the request as pointed out in the Land Development Coordinator's letter of June 6. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. . Planning & Zoning Board recommendation of May 23, 1990: Annual certification of Zoning Map in accordance with Sec. 20-102(c) of the Code: Motion was made by Commissioner Kulbes that the certification of the Zoning Map be approved as submitted by the Planning & Zoning Board on May 23, 1990. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; . Regular Meeting, City Commission, June 11, 1990 Page 3 89-90-16 Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Mayor Grove called a recess at 8:45 p.m. and called the meeting back to order at 9:00 p.m. Second Reading of Three Readings of the following Ordinances: Ord. No. 487, establishing a police public safety facilities impact fee, etc. Ord. No. 488, establishing a fire public safety facilities impact fee, etc. Ord. No. 489, adopting a Settlement Agreement between the City and the Winter Springs Devel. Joint Venture; providing for a Development Order; amending Annexation Ord. No. 64; waiving multi-family dwelling unit density limits pursuant to Sec. 20-354, Code of Winter Springs; providing for a certified map, etc.: Attorney Kruppenbacher read Ord. No. 487 and 488 by title only on second reading. The third reading and public hearing are scheduled for June 25, 1990. Attorney Kruppenbacher was given the final figures and they will be inserted in the ordinance. Attorney Kruppenbacher read Ord. No. 489 by title only on second reading. Commissioner Partyka raised the issue of the strip of land between the Duda property and the Tuscawilla property. He also spoke about the special taxing district. Commissioner Hoffmann suggested that in paragraph 4 additional wording should be added that they should not have the right to do that without approval of the regulatory agencies. He also suggested paragraphs 5 and 6 be taken out completely. . Attorney Kruppenbacher said he would attempt to revise it and give copies to the Staff before the next meeting. First Reading of Ord. No. 492, vacating and abandoning the east six (6) feet of a fifteen (15) foot utility easement located in the rear of Lot 16, The Highlands Sec. One, etc.: Motion was made by Commissioner Kaehler to read Ord. No. 492 by title only. 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. Attorney Kruppenbacher read Ord. No. 492 by title only on first reading. Resolution No. 643, amending Res. No. 638 of the City entitled: "A Resolution of the City Commission of the City of Winter Springs, FL, authorizing the issuance of not exceeding $12,300,000 Water and Sewer Revenue Bonds Series 1990 of the City to be applied to acquire the existing water and sewer assets of Seminole Utilities Co.; providing for the payment of the Series 1990 Bonds from the net revenues of such system; making other covenants and agreements in connection therewith; and pro- viding an effective date," by clarifying the funding of the reserve fund in regard to any additional parity obligations, etc. Attorney Kruppenbacher read Resolution No. 643 by title only. Motion was made by Commissioner Kaehler to adopt Resolution No. 643. 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. . . . . Regular Meeting, City Commission, June 11, 1990 Page 4 89-90-16 Resolution No. 644, amendment to Resolution No. 634: A Resolution of the City abandoning and vacating public easement on the northerly twenty feet of Entzminger Farms Add. No. Three: Attorney Kruppenbacher read Resolution No. 644 by title only. Motion was made by Commissioner Kulbes to adopt Res. No. 644. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. City Manager Richard Rozansky: Budget Revision Fiscal Year 1989/1990- Ord. No. 491, First reading, amending the 1989/90 Budget, etc.: There was discussion of hiring an individual to handle Code Enforcement Board cases. Commissioner Jacobs asked for some money to be put into the Beautification Board. Motion was made by Commissioner Kaehler to read Ord. No. 491 by title only. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Attorney Kruppenbacher read Ord. No. 491 by title only on first reading. Bids: Senior Center: Mr. Rozansky reported the Bid Opening was held on May 29th for the Senior Center, and six bids were received. The Bids were given to Mr. Krone for his review. There was a problem with one bid. A bidder complained that the bid bond was not signed and not sealed. This was turned over to the Attorney. In the meantime our Architect, Mr. Krone, reviewed the bids that were submitted, and has recommended the City accept the bid from Stowell Builders in the amount of $186,980.00. Motion was made by Commissioner Kulbes to award the contract to ,Stowall Builders in the amount of $186,980.00. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Manager Rozansky reported there is some site work to be done and the majority will be done in-house. The park will remain open during the construction and a fence will be put in around the construction. Bids: Fire hose and related hardware: Manager Rozansky reported two bids were received, one from Municipal Equipment Company in the amount of $9,929.00 and the second one from Safety Equipment Company in the amount of $9,408.00. Chief Holzman recommends we accept the bid from Safety Equipment Company. Motion was made by Commissioner Jacobs to accept the bid from Safety Equipment Company. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. . . . Regular Meeting, City Commission, June 11, 1990 Page 5 89-90-16 Utility Acquisition-Winter Springs Water & Sewer-East a. Status of Transaction b. Dedication of Parks c. Flow Splitter Box Replacement Manager Rozansky said we are waiting to receive the bound documents from the asset closing of Seminole Utility Company, from Lang & Williams. Attorney Bill Sundstrom will attend the Commission Meeting on June 25th and give a report. Manager Rozansky explained that three parcels of land were deeded to the utility, Winter Springs Water & Sewer East. This was not a part of the sales price, it was negotiated by our Attorneys and Engineer. There is a small park on Winter Springs Boulevard, Sam Smith park, then the Trotwood Park, the median and the right of ways. For the maintenance on the median they said they would maintain it until Oct. 31, 1990. Manager Rozansky said we have been mowing the parks, and some dumpsters have been placed in the parks. Mr. Whitsett has been scheduling the picnic areas and the restrooms. Manager Rozansky said we need some guidance how to proceed. Commissioner Kaehler said we need to get an explanation from Attorney Sundstrom and Mr. Zaudtke, and see who really owned the property, whether it was Seminole Utility or Gulfstream. Commissioner Jacobs also wanted an explanation of the $25,000, which was a transfer from DLJ to Gulfstream for reimbursement of expenses. Commissioner Jacobs asked for a copy of the latest bill from Attorney Sundstrom. Mr. Ferring said he has a letter from Mr. Roy Dye stating the Tuscawilla Park was dedicated to the residents of Tuscawilla as part of the Planned Unit Development. Attorney Sundstrom and Mr. Terry Zaudtke are to be here on Monday, June 25th for an explanation. On the flow splitter box, Manager Rozansky sent letters to Mr. Sundstrom that after May 10th Mr. DeWitt informed him that the flow splitter box was leaking badly. There is a major problem and we are now out for bid. Attorney Jenkins sent a letter to Manager Rozansky saying unless Seminole was aware of the problem and kept it from us, we have no recourse. Saranac Drive Landscaping: Manager Rozansky said he looked at the property and the problem is that the fence is not on the property line and the residents would like to keep the fence where it is. The City Engineer says there is an administrative law which requires there be fifty feet buffer between ponds and private property. Also the residents have asked for trees to block the view of the expressway when it is installed. Mr. Moti Khemlani Tuscawilla Homeowners Association President, Mr. and Mrs. Salvatore Gonzalez and Mrs. Korn spoke in discussion. Attorney Kruppenbacher said he would review this and report back next meeting. Attorney Kruppenbacher said the Commission previously asked the legal staff to look at the issue of districting. Attorney Clay Parker who has been working on this, said there is an ordinance which would set up residency requirements, based upon . . . , . . Regular Meeting, City Commission, June 11, 1990 Page 6 89-90-16 districts within the City. The districts should be set up by population so that there would be a population fairly equal in amount. There would be five commissioners that would be voted on city-wide, but it would be a residency requirement that they come out of a particular district. The Mayor's position would be city-wide. The consensus was four to one to pursue districting. Attorney Parker will draft an ordinance for first reading by June 25, 1990. Attorney Kruppenbacher said that State law prohibits him from prosecuting Code Enforcement Board matters and also advising the Code Enforcement Board. So on critical matters Attorney Clay Parker will help with the prosecution. Attorney Kruppenbacher said he was given a copy of the Agreement between Gulfstream Housing and the homeowners regarding the Seneca Pond. Basically it is an agreement in return for Gulfstream doing the work on the pond homeowners who signed the agreement releasing Gulfstream from any responsibility or liability regarding that particular pond. Moti Khemlani said the homeowners are looking to the City for answers and options as they never bought the property to own the pond. Attorney Kruppenbacher will review the bond and report back at the next meeting. Commission Seat I - Cindy Kaehler: Commissioner Kaehler read a letter from Mr. David Hopkins, Chairman of the Planning & Zoning Board as follows: This notice is to advise you that I will be out of town from June 4, 1990 until June 20, 1990. As this is a requirement of my job on a one time basis, I am requesting a leave of absence until my return. I have informed the Board and with their approval I now bring it before you. This absence will require me to miss three regularly scheduled meetings. Although this is somewhat of a hardship on the Board, I don't believe it to be critical. With this being my first absence from the meeting since my appointment July 1987, I respectfully request approval. Sincerely, David Hopkins. Motion was made by Commissioner Kulbes that we grant Mr. Hopkins a leave of absence that he has requested from the Planning & Zoning Board. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Commissioner Kaehler also spoke about the Local Option Gas Tax distribution. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann reported he has talked to Chairman Glenn regarding the County's recycling program and she has said that in spite of all the meetings that were held involving city representatives, the County will be doing nothing for the cities. Each of the seven cities will have to go on their own for recycling. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes spoke about a resolution to be forwarded to the Department of Environmental Regulation expressing opposition to the induction of contaminated groundwater discharge from City Chemical Facility into the Authority System for transmission to Iron Bridge. Commissioner Kulbes requested the City pass a similar resolution. 'lilt .. .. ,J . Regular Meeting, City Commission, June 11, 1990 Page 7 89-90-16 Commissioner Kulbes also spoke about recycling and mandatory garbage pickup. He asked to have an ordinance drafted. Attorney Kruppenbacher said he would report back. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked if we have done any official notification to the customers of Winter Springs Water and Sewer East. Manager Rozansky explained an Ad was published in the paper and he is sending a letter to the Tuscawilla Homeowners to be published in their news letter, and Oak Forest. Commission Seat V - Paul P. Partyka: Commissioner Partyka spoke about having a Workshop on the development of S.R. 434. Mayor's Office: Mayor Grove read the Proclamation for Clean Up, Fix Up Week which will start the week of June 24, 1990. IWS will be placing dumpsters in strategic places for disposal of objects that are not normally picked up by IWS. Re-appointments to BOWS Board (Carl Stephens & Diane Brown): Motion was made by Commissioner Jacobs to ratify the reappointment of Carl Stephens and Diane Brown to the BOWS Board. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Jacobs, aye; Commissioner Kulbes, aye; motion carried. . Electric Utility Burial Study: Motion was made by Commissioner Hoffmann that we decline the request. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Meeting adjourned 11:45 p.m. Respectfully submitted, ~~~ Mary T. Norton, City Clerk Approved: ~ .::%~ Yn. ,MAYOR LEANNE M. GROVE < .