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HomeMy WebLinkAbout1992 01 13 City Commission Regular Minutes . . . 91-92-7 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 13, 1992 The Regular Meeting of the City Commission of the City of Winter Springs, FLorida, was called to order by Mayor Philip A. Kulbes at 7:30 p.m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor John Langellotti, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: John V. Torcaso, present Don Jonas, present Terri Donnelly, present Cindy Kaehler, present For the invocation Commissioner Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Terri Donnelly. There were no corrections or additions to the minutes of Dec. 9th and Special Meeting of Dec. 17, 1991. The minutes stand approved as presented. Public Comment: Mayor Kulbes presented City Manager Richard Rozansky a pin for 15 years of service to the City. Mayor Kulbes presented a Resolution of Appreciation to Paul P. Partyka for his service as City Commissioner. Rudy Worley, Tuscawilla, spoke about the improvements made at the Trotwood Park and spoke in favor of them. Ted Brunelli, Seminole Pines, asked about garbage rates. General Agenda: Public Hearing and second reading of Ord. No. 514, providing for new Chapter 7 Fire Prevention and Protection, etc.: Mayor Kulbes recessed the Commission Meeting and opened the public hearing. Attorney Kruppenbacher read Ord. No. 514 by title only on second reading. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Torcaso to table Ord. No. 514 until January 27, 1992. Seconded by Commissioner Donnelly. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Presentation of preferred corridor of the DeBary-Winter Springs 230-kV Transmission Line- was removed from the Agenda by Florida Power Corporation. Resolution No. 678, requesting the Florida Legislature to adopt H.B. 215 during its 1992 Session which would authorize counties to levy a discretionary surtax on documents, etc. (Tabled Dec. 9, 1991): . Regular Meeting, City Commission, Jan. 13, 1992 Page 2 91-92-7 Attorney Kruppenbacher read Resolution No. 678 by title only. Commissioner Kaehler explained this would increase doc stamps up to 45% higher on commercial property. A copy of H. B. 215 is to be distributed to the Commission and Attorney Kruppenbacher for their review. Motion was made by Commissioner Kaehler to table Resolution No. 678. Seconded by Commissioner Jonas. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. First reading of Ord. No. 515 vacating, abandoning and closing the southern 5 ft. of that 7~ ft. utility easement, etc. located to the rear of Lot 5, The Highlands Sec. Two Tract D Replat, etc.: Attorney Kruppenbacher read Ord. No. 515 by title only on first reading. P&Z Recommendation of December 18, 1991: Request of Robert R. and Juanita A. Shasteen to annex Lots 13 and 14, Tuskawilla, PB 1, Pg. 5, Seminole County-2 acres Southwest of Int. S.R. 434-Tuskawilla Road: First Reading of Ord. No. 516 annexing Lots 13 and 14, Tuskawilla, PB 1, Pg. 5, etc.: Attorney Kruppenbacher read Ord. No. 516 by title only on first reading. Jacqueline Koch, City Planner, explained the property is contiguous to Seminole Pines Mobile Home Park. . Alternate to Recreation Area -DEERSONG (Indian Ridge Phase III): A copy of the Land Development Coordinator's memo is attached to these minutes, with a copy of the agreement. The Agreement proposes that Sala, Inc. will deposit in an Escrow Account, $6,500 if the attached agreement is accepted by the Commission. If within three years of acceptance date, there is no permit applied for or pool construction has not commenced, Sala, Inc. will forfeit the monies in the Escrow Account, plus give another $23,500 to the Recreation Department. Mr. Sabetti of Sala, Inc., said they tried to get an agreement with the Homeowners of Indian Ridge, but they were unable to come to an agreement. Attorney Kruppenbacher said the Commission could condition all their approvals on the requirement that there can be no advertisement that there will be a pool unless you have formally approved the project with a pool. This document will run with the land, so this document is part of the closing package that the property owners would look at, or their lawyers. Commissioner Jonas suggested a clause be put in to be signed at closing by all people who purchase acknowledging the fact of no pool. Motion was made by Commissioner Langellotti to approve subject to an amendment in accordance with the comments and directions given to Attorney Kruppenbacher by the Commission. Seconded by Commissioner Kaehler. Discussion. Vote on motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. . 4It Regular Meeting, City Commission, Jan. 13, 1992 Comprehensive Development Plan-ORC Report - Update to Contract: Mr. Goodrow, Henigar & Ray, said he would like to review what they have done to this point. He said they have reviewed all of the documents that have been provided that were sent to DCA in the original submittal package. He said they organized an initial work program which included meetings with Staff and the City Manager and also included opening a dialogue with DCA, which has led to a couple things that are good for Winter Springs. DCA has indicated they are willing to allow a three month extension in the submittal of the project and they have worked with Henigar & Ray in the concerns expressed in their ORC report. Page 3 91-92-7 Mr. Goodrow said they have met with the Winter Springs Staff twice to determine what is still missing as far as the things needed to be done and make some assignments as to the best way get things done most efficiently. Based on those assignments they have begun the preparation of those things as the initial part of preparing the ORC response. They have also met with several members of their Staff and have gone through what had to be done in order to work with the ORC response and to deal with the data and analysis section and that bridge between the analysis and our goals and objectives. Mr. Goodrow said they have come up with the timeframe that shows this to be completed by March 13, 1992. Mr. Goodrow said they have estimated an additional $20,800 to finish the project out and get an adopted plan sent to DCA. Mr. Rozansky summarized it was a general consensus of the Staff to hire a consultant because it was an overwhelming job. He recommended we pay the additional $20,800 to Henigar & Ray, because we do not have the expertise in house to do it. 4It John Ferring, Baltic Lane, a member of the Planning & Zoning Board, said the general consensus at the time of the original submittal was that irrespective of what is submitted in the Plan, when it goes to DCA, they would "chop it full of holes" and send it back to us. Commissioner Torcaso asked Mr. Goodrow if this plan will be presented to Tallahassee in time. Mr. Goodrow answered that assuming everything goes in the manner they have prescribed it to go and the work program is carried out, which means there has to be input from the Staff as well as their own work product that has to be carried out in a timely manner, he believes it will be done by March 13, 1992 for final adoption by the Commission to send to DCA by March 16, 1992. Motion was made by Commissioner Torcaso that we approve Exhibit B Addendum to the Consultants Agreement for the $20,800.00 and if feasible that Jackie Koch go along with the representatives of the City to Tallahassee. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, no; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Mayor Kulbes called a recess at 8:45 p. m. and called the meeting back to order at 8:55 p. m. 4It Mayor Kulbes called a Workshop Meeting for January 20, 1992 at 7:00 p. m. to interview Consultants who have submitted proposals to revise our land development regulations. . Amended Regular Meeting, City Commission, January 13, 1992 Page 4 91-92-7 Attorney Kruppenbacher said the Commissioners have a copy of the lawsuit filed against the City by Howard Browning, and if they have any questions to see him. Attorney Kruppenbacher said at the last meeting he was asked the status of Mr. McKinney's request for a hearing; he said he and Mr. McKinney's attorney reached an agreement on holding a hearing in front of three department heads on Feb. 10th. Attorney Kruppenbacher reported the Attorney General notified him during the holidays that he is researching the issue of the street lights; he spoke about the mandatory garbage issue; he spoke about the meeting with the Pension Plan Attorney, Bob Meade, John Ferring, Chairman of the Board of Trustees, Mr. Rozansky and himself; Attorney Meade and Attorney Kruppenbacher will outline in a memo the responsibilities as to who has what authority, etc. and Attorney Kruppenbacher reported on the negotiation with the Fire Union, and he spoke about the Mr. Starling issue. On the Tuscawilla lawsuit he said he would be meeting with each Commissioner on that issue. On the garage door lawsuit (Greenspointe) he is waiting for the judge to set a trial date. On the Justice Mullins case, the Judge has advised the City he has ruled in favor of the City. At this point their attorney is talking to Attorney Kruppenbacher about trying to resolve it. . City Manager Richard Rozansky: Central Winds Park Update: Don LeBlanc, LDC, talked about the entryway to the park and the cost and that DOT has been very uncooperative. Mr. Keene is in agreement with giving us a right of way that DOT could use until such time as they widened S.R. 434. We will advertise for bids on Jan. 19th and hopefully we will commence construction on the 28th of February. Manager Rozansky explained there was a meeting this week. Mr. Keene wants a site plan approved to get the right-of-way. He said on the Wagner's Curve realignment schedule, he cut about 4~ to 5 weeks off the process. Manager Rozansky granted a 42 day extension of the contract because of delays for the maintenance building for the Central Winds Park. First Reading of Ord. No. 517 amending Sec. 6-81 Standard Building Code of Art. III Building Construction Standards, etc. - was removed from the Agenda. First Reading of Ord. No. 518 providing for the addition of Sub-section (C) to Chap. 12 Motor Vehicles and Traffic, Art. II. Administration, Sec. 12-31. Failure to obey citation, etc.: Attorney Kruppenbacher read Ord. No. 518 by title only on first reading. Office Space/Reallocation: Manager Rozansky asked the Commission to allow him to move the Commission office behind the Commission Chambers as we will be hiring a purchasing agent in the near future. Fire Department: Fire apparatus proposal (Fire Truck): Motion was made by Commissioner Torcaso to authorize the City Manager to advertise for bids. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; motion carried. . . Regular Meeting, City Commisison, January 13, 1992 Page 4 91-92-7 Attorney Kruppenbacher said the Commissioners have a copy of the lawsuit filed against the City by Howard Browning, and if they have any questions to see him. Attorney Kruppenbacher said at the last meeting he was asked the status of Mr. McKinney's request for a hearing; he said he and Mr. McKinney's attorney reached an agreement on holding a hearing in front of three department heads on Feb. 10. Attorney Kruppenbacher reported the Attorney General notified him during the holidays that he is researching the issue of the street lights; he spoke about the mandatory garbage issue; he spoke about the meeting with the Pension Plan Attorney Bob Meade, John Ferring, Chairman of the Board of Trustees, Mr. Rozansky and himself; Attorney Meade and Attorney Kruppenbacher will outline in a memo the responsibilities as to who has what authority, etc. and Attorney Kruppenbacher reported on the negotiation with the Fire Union, and he spoke about the Mr. Starling issue. On the Tuscawilla lawsuit he said he would be meeting with each Commissioner on that issue. On the garage door lawsuit (Greenspointe) he is waiting for the judge to set a trial date. On the Justice Mullins case, the Judge has advised the City he has ruled in favor of the City. At this point their attorney is talking to Attorney Kruppenbacher about trying to resolve it. . City Manager Richard Rozansky: Central Winds Park Update: Don LeBlanc, LDC, talked about the entryway to the park and the cost and that DOT has been very uncooperative. Mr. Keene is in agreement with giving us a right of way that DOT could use until such time as they widened S.R. 434. We will advertise for bids on Jan. 19th and hopefully we will commence construction on the 28th of February. Manager Rozansky explained there was a meeting this week. Mr. Keene wants a site plan approved to get the right-of-way. He said on the Wagner's Curve realignment schedule, he cut about 4~ to 5 weeks off the process. First Reading of Ord. No. 517 amending Sec. 6-81 Standard Building Code of Art. III Building Construction Standards, etc. - was removed from the Agenda. First Reading of Ord. No. 518 providing for the addition of Sub-section (C) to Chap. 12 Motor Vehicles and Traffic, Art. II. Administration, Sec. 12-31. Failure to obey citation, etc.: Attorney Kruppenbacher read Ord. No. 518 by title only on first reading. Office Space/Reallocation: Manager Rozansky asked the Commission to allow him to move the Commission office behind the Commission Chambers as we will be hiring a purchasing agent in the near future. . Fire Department: Fire apparatus proposal (Fire Truck): Motion was made by Commissioner Torcaso to authorize the City Manager to advertise for bids. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; motion carried. . . . Regular Meeting, City Commission, Jan. 13, 1992 Page 5 91-92-7 Building Addition/Administration Offices-Fire Station 1: Motion was made by Commissioner Langellotti to allow the City Manager to proceed with the addition of the Fire Station No.1. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Kaehler, aye; motion carried. Trotwood Park-Fencing/lrrigation/Lighting: Manager Rozansky said they are trying to keep the fields separated from the parking areas; the cost for chain link fencing would be between $10 and $14,000 dollars. The City will be receiving telephone poles which will be used for fencing. On the baseball fields the irrigation system will be installed. Manager Rozansky reminded the Commission appointments to the Districting Commission need to be made at the next meeting. Monthly reports have been distributed. Commission Seat II - Don Jonas: Commissioner Jonas asked the Finance Director about the Cablevision audit. Commission Seat III - John Langellotti: Commissioner Langellotti asked Attorney Kruppenbacher if there could be legal representation at the next Code Enforcement Board Meeting on January 21. Commission Seat IV - Terri Donnelly: Commissioner Donnelly reported the School Impact Fee Committee decided at their last meeting to acknowledge that the recognized impact fees that were calculated by the consultants they would be recognized as maximum legally defensible fees. Commission Seat V - Cindy Kaehler: Commissioner Kaehler reported she was appointed Chairman of the Council of Local Governments in Seminole County. The Commission was in agreement for Commissioner Kaehler to continue serving on the Council. Mayor's Office: Mayor Kulbes said there is Program Board of Trustees. name. a vacancy on the FLC Municipal Property Self-Insurers Commissioner Langellotti volunteered to submit his Commission Seat I - John V. Torcaso: Commissioner Torcaso spoke about the Pension Plan for City employees. He said he thinks the Recreation Department needs a cherry picker. Meeting was adjourned 9:55 p. m. Respectfully submitted, AP~~d: \ \\, .... .-" ,/ '(. / /'/ . \9: ( CA ....._-<-<'-L-------,MAYOR PHIL A. KULBES m eue,-T ~ Mary T. Norton, City Clerk