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HomeMy WebLinkAbout1990 06 25 City Commission Regular Minutes . . . 89-90-17 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 25, 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 For the invocation Commissioner Jacobs asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Kulbes. Motion was made by Commissioner Kulbes to approve the minutes of June 11, 1990. 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. Public Comment: Terry Meta, Aloha Court, Oak Forest, Unit 8, spoke about the way the developers have sealed and graded the dirt behind and surrounding her home. Attorney Kruppenbacher recommended having the developer here at the next meeting to determine if the homes are being built in accordance with the approved plans. Vernon Pitt, homeowner in Tuscawilla, had a pad poured on which to build a shed. When he came in for a permit to build the shed it was determined his pad was on the utility easement. He had releases from the utility companies. He is to check with the City Manager for further procedures. Bill Ragland, Hacienda Village, president of the Homeowners Association of Hacienda Village, asked the Commission to pass a resolution to be sent to the postal authorities to retain the contract post office. Mayor Grove called a recess at 8:00 p.m. and called the meeting back to order at 8:15 p.m. Discussion of Special Election/Districting: Attorney Clay Parker presented some of the problems with holding a Special Election in August. He presented an ordinance providing for an amendment to the Charter to provide for districts and providing for a referendum election in November. Attorney Parker is to revise the ordinance with some limitation on the time period and check the number of words for the proposed charter amendment on the ballot. The ordinance will be set for first reading at the next Commission Meeting. Acquisition of Seminole Utility: Attorney Sundstrom reported that we filed the lawsuit for emminent domain of Seminole Utility a little over a year ago, and included in the lawsuit was a prayer that the Court award to the City of Winter Springs, all of the assets used, useful, necessary . . . Regular Meeting, City Commission, June 25, 1990 Page 2 89-90-17 and proper for the operation of the utility system including those assets owned by Gulfstream Housing Corp. which included spray fields and other real estate that was necessary in order to acquire the utility system. In January the issue was raised as to whether or not the City of Winter Springs sought and wanted as part and parcel of the emminent domain proceedings on two particular parks, and the answer was yes. Mr. Sundstrom explained the advice he received as our principal legal negotiator was that the parks were necessary for three different functions. One was for ingress and egress to a particular utility plant, one was for effluent disposal and spray irrigation and one was for future well sites. The parks were deeded by the developer to Seminole Utility and subsequently acquired by the City. Attorney Sundstrom said we knew we were getting the parks and in fact we needed them as they are an integral part of the utility system and effluent disposal system. Attorney Kruppenbacher asked that Attorney Sundstrom research if we have clear title but somehow we are lacking in what their obligations are under the PUD. Attorney Kruppenbacher said he would research the different viable alternatives to deal with the parks, medians, etc. within the Tuscawilla P.D.D. Mayor Grove suggested if we have all the information at the next meeting a Workshop may be called as there are a lot of questions. Mayor Grove called a recess at 9:30 p.m. and called the meeting back to order at 9:40 p.m. Public Hearings & Third 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. Attorney Kruppenbacher read Ord. No. 487 and 488 on third reading by title only. Attorney Kruppenbacher reported the appropriate residential impact fee would be $76.49 for the police (Ord. No. 487). The appropriate non-residential impact fee would be eight cents per square foot of non-residential development. On Ord. No. 488, the applicable residential dwelling unit is $151.53 and eight cents per square foot of non-residential development. 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 reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to set these Ordinances for final reading on July 9th. Seconded by Commissioner Partyka. Discussion. The record is to reflect that when the public hearing was opened and then closed, no one left the Chambers. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Public Hearing and Third Reading of Ord. No. 489, adopting a settlement agreement between the City of Winter Springs, FL and the Winter Springs Development Joint Venture, etc.: . . . Regular Meeting, City Commission, June 25, 1990 Page 3 89-90-17 AMENDED Attorney Kruppenbacher read Ord. No. 489 by title only on third reading. He distributed copies of a revised settlement agreement, and discussion followed on the revisions. For the next meeting Attorney Kruppenbacher is to come back with the following: 1. on the commercial property, what are the uses within the land use designation that will be permitted. 2. we have to assure that D.O.T. is not taking the fire station or doing something with the property we are going to get. 3. we have to tie down the easement we are getting in the Oviedo area 4. in paragraph 14 provide for a final development plan and provision for final engineering. The Commission is to submit their list of permitted uses to the City Manager by Thursday, June 28th. Commissioner Hoffmann pointed out in the reduced map there is some confusion over the property between the Bear Creek and Tuscora Drive designation. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to continue the passage of Ord. No. 489 until the next meeting, July 9, 1990. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Saranac Drive Landscaping: City Engineer, Leonard Kozlov, spoke regarding his memo to the City Manager dated June 13, 1990. Motion was made by Commissioner Partyka that we leave that property next to the retention pond as is, with trees donated by Winter Springs Development Joint Venture. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Roffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Report on mandatory garbage pickup-City Attorney: Attorney Kruppenbacher said he is getting copies of ordinances from various cities regarding mandatory garbage. Mayor Grove said we are scheduling a Workshop Meeting for Monday, July 2nd, and l.W.S. will be at the meeting. Mandatory Garbage and recycling will be discussed. Chestnut Ridge-Final Engineering and Approval (northeast corner of Northern Way & Greenbriar Lane): Commissioner Partyka pointed out that he had confirmation that the retention pond ought to be moved to the center of the fairway and save the trees. Mr. Blount, engineer for the project said he had no direction to move those ponds. Mr. Richard Coniff, Royal Oak Drive, stated the pond is shaped as a ditch and that they are proposing to put up a wooden stockage fence along the entire boundary of the common property line. He asked that either a brick wall or hedge be placed there instead of the stockade fence. Mr. Al Becker, Oxbow Lane, spoke in favor of a brick wall. . Regular Meeting, City Commisison, June 25, 1990 Page 3 89-90-17 Attorney Kruppenbacher read Ord. No. 489 by title only on third reading. He distributed copies of a revised settlement agreement, and discussion followed on the revisions. For the next meeting Attorney Kruppenbacher is to come back with the following: 1. on the commercial property, what are the uses within the land use designation that will be permitted. 2. we have to assure that D.O.T. is not taking the fire station or doing something with the property we are going to get. 3. we have to tie down the easement we are getting in the Oviedo area 4. in paragraph 14 provide for a final development plan and provision for final engineering. The Commission is to submit their list of permitted uses to the City Manager by Thursday, June 28th. Commissioner Hoffmann pointed out in the reduced map there is some confusion over the property between the Bear Creek and Tuscora Drive designation. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to continue the passage of Ord. No. 489 until the next meeting, July 9, 1990. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . Saranac Drive Landscaping: City Engineer, Leonard Kozlov, spoke regarding his memo to the City Manager dated June 13, 1990. Motion was made by Commissioner Partyka that we leave that property next to the retention pond as is. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aey; Commissioner Partyka, aye; motion carried. Report on mandatory garbage pickup-City Attorney: Attorney Kruppenbacher said he is getting copies of ordinances from various cities regarding mandatory garbage. Mayor Grove said we are scheduling a Workshop Meeting for Monday, July 2nd, and l.W.S. will be at the meeting. Mandatory Garbage and recycling will be discussed. Chestnut Ridge-Final Engineering & Approval (northeast corner of Northern Way & Greenbriar Lane): Commissioner Partyka pointed out that he had confirmation that the retention pond ought to be moved to the center of the fairway and save the trees. Mr. Blount, engineer for the project said he had no direction to move those ponds. Mr. Richard Coniff, Royal Oak Drive, stated the pond is shaped as a ditch and that they are proposing to put up a wooden stockade fence along the entire boundary of the common property line. He asked that either a brick wall or hedge be placed there instead of the stockade fence. Mr. Al Becker, Oxbow Lane, spoke in favor of a brick wall. . . Regular Meeting, City Commission, June 25, 1990 Page 4 89-90-17 Motion was made by Commissioner Hoffmann to approve this subject to the fence problem and the movement of the ponds; that the ponds be moved in such a way that the trees are not destroyed and subject to the fence being decided as soon as possible. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, no; Commissioner Kaehler, aye; motion carried. City Manager Richard Rozansky: First reading of Ord. No. 493, backflow prevention and cross-connection control program: Motion was made by Commissioner Kaehler to read Ord. No. 493 by title only on first reading. Seconded by Commissioner Kulbes. 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. 493 by title only on first reading. . Res. No. 645 supporting South Seminole & N. Orange Co. Wastewater Transmission Authority's Res. No. 90-l-Hazardous Waste Contaminants into the system, etc.: Attorney Kruppenbacher read Resolution No. 645 by title only. Motion was made by Commissioner Kulbes to adopt Resolution No. 645. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Flow Splitter Box Replacement (WSWS-East): Motion was made by Commissioner Kulbes that the bid from Florida Environmental Utility Construction Company in the amount of $19,500 be awarded. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Kulbes, aye; motion carried. Code Enforcement-Code Inspector: Motion was made by Commissioner Kulbes to approve the position of Code Inspector for the City of Winter Springs, to be defined as the job description provided by the City Manager and to include Grade LT7 to LT 9 for that position. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; CommissionerKulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. WSWS(E/W) - Utility Director: Manager Rozansky said he would like to discuss this item at the Workshop Meeting on the Budget Revision July 2nd. Rustic Woods: Manager Rozansky said he received a request from the president of Rustic Woods to accept certain roads. Brentwood/Meadowbrook Drive do meet the standards of city streets. Manager Rozansky recommended if the Commission accepts them that we should leave the trees. Commission was in agreement to accept these streets. . Condition/Analysis-City Hall Roof: Motion was made by Commissioner Jacobs to allow the City Manager to take the steps to get adequate bids to repair the roof. 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. . Regular Meeting, City Commission, June 25, 1990 Page 5 89-90-17 Budget Calendar FY 1990-91: Manager Rozansky said he will present the Budget on July 9th and asked if a Workshop Meeting could be called on July 16th. Manager Rozansky reported the computer in the Building Department is going to be returned to the Property Appraiser. Attorney Kruppenbacher reported on the Seneca Pond issue. He spoke to Mr. Brown who explained that they do not own the ponds, the homeowners own the ponds. They have no legal obligation to do anything to those ponds; however, they are planning to fix the ponds in accordance with the consultant's report provided the homeowners sign the applicable and appropriate releases. That is their final position. City Engineer is to send the letter to the Attorney from the St. John's Water Management District. Attorney Kruppenbacher reported we have received a petition filed by International Association of Firefighters filed with the Florida Public Employer Relations Commission to organize all firefighters/paramedic members below the level of deputy chief into a union. . On the Code Board, Attorney Kruppenbacher reported he attended the Special Meeting on June 19th. The police officer who handles Code Enforcement withdrew from the Board the citations of the Sun & Orange Shopper based upon an agreement reached earlier that day that basically called for the homeowners would notify either paper they did not want the paper. Homeowners would also be asked to notify our Code Inspector so that our Code Inspector could log it in and also notify the paper. After that the papers would have two cycles to cease delivering to that property. If they delivered after that they would be cited accordingly. Attorney Kruppenbacher said the Code Board asked him to apprise the Commission of their desire to revise the ordinance so that these papers could not deliver or throw them out unless they had specific prior authorization of the property owner. The concensus of the Commission was to have Attorney Kruppenbacher report back on whether or not we can legally require that anyone whether it be a newspaper or anyone else can be restricted from throwing items into the property of someone else without the prior affirmative authority of that property owner. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann reported dues for the East Central Regional Planning Council for next year will be $4,228.00. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes asked the Attorney if he is going to research taxing districts in Tuscawilla. Commissioner Kulbes also spoke about the Tri County League meeting and they asked to stress the approval of Amendment #3 which speaks to State mandates without funding. Commissioner Kulbes also said there was a good turnout for the ground breaking ceremony of the senior center. . Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked the Attorney for a report on DLJ and the breakdown of the $25,000 for reimbursement of expenses. " . . . . Regular Meeting, City Commission, June 25, 1990 Page 6 89-90-17 Commission Seat V - Paul P. Partyka: Commissioner Partyka asked if a resolution can be sent for the contract post office. Commissioner Partyka recommended Jim Lup be appointed to the Commerce & Industry Board. Motion was made by Commissioner Jacobs to ratify the appointment of Jim Lup to the Commerce Board. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Mayor's Office: Mayor Grove called a Workshop Meeting for July 2, 1990 at 7:00 p.m. on I.W.S. and the Budget revision. Meeting was adjourned 12:30 a.m. Respectfully submitted, ~T~ Mary T. Norton, City Clerk Approved: . (~ftl{/ ':Ih LEANNE M. GROVE 4" )I / )~d__ ,MAYOR .