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HomeMy WebLinkAbout1983 10 25 City Commission Regular Minutes . . . -" , " REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS OCTOBER 25, 1983 83-84-2 The Regular Meeting was called to order Mayor Buck Adkins. Kruppenbacher. of the City Commission of the City of Winter Springs, Florida, by Mayor John V. Torcaso. The invocation was given by Deputy The pledge of allegiance to the flag was led by Attorney Frank Roll Call: Mayor John V. Torcaso, present Deputy Mayor Buck Adkins, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, present Inez Linville, present William Jacobs, present Leanne Grove, present Motion was made by Commissioner Linville, seconded by Commissioner Jacobs to approve the minutes of October 11, 1983. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Public Input: Dennis Bouley, Falkirk St., talked about a drainage problem in his backyard. Manager Rozansky said they would check it out. General Agenda: Public Hearing for Ord. No. 278, adding Sec. 9-32 providing for alarm systems, etc. Second Reading: Mayor Torcaso recessed the Commission Meeting and convened the public hearing for Ord. No. 278. Attorney Kruppenbacher read Ord. No. 278 by title only. No one spoke against the ordinance. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs, seconded by Commissioner Grove to approve Ordinance No. 278. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Final Engineering of Hawk's Landing in the Highlands: The City Planner explained the property is in the Highlands on the west side of Sheoah Boulevard. It is 23 acres. This is a tract that was changed from single family to patio homes in 1981. The engineering which is identical to what we have this evening was approved originally in 1981. Then a one year extension was given last year. Under the P.U.D. ordinance that entire plan approval expires if not sufficient work is done within that one year period. That will expire this Thursday. Rather than wait the developers wanted to go ahead so that they could begin as soon as possible. The request now is to reapprove the same engineering. It is a patio home development with private roads; 116 units on 23 acres which is a density of 5 units per acre. There will be a homeowners association within the development that that would be responsible to take care of any problems with the internal storm drainage system. This was a concern of the City Engineer and the Consulting Engineer at the original approval, and the current City Engineer is referring practically the same conditions on the engineering approval as existed in 1981. . . . Regular Meeting, City Commission, Oct. 25, 1983 Page 2 83-84-2 By the Land Development Ordinance that was passed in 1981 there are two waivers required. One is that the private roads designed do not meet the public road standards in right-of-ways, sidewalks, and cul-de-sacs and another is that trees shall be removed from right-of-ways. The Staff recommends that each of these be waived in this instance to allow a 40 foot right-of-way with no sidewalks to allow trees to remain in the right-of-way including some islands in the middle of the paving and cul-de-sacs have a shorter turn around radius than would be required on a public street. There is only one additional condition that we put on this recommendation. There is a street going west which ends in multiple cul-de-sac, which did have some one way traffic and some two way traffic. The Police Chief would prefer that that all be one way and the Developers have agreed with that. Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs that we re- approve final engineering for Hawk's Landing subject to the City Engineer's recommendation and the City Planner's memo. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Planning & Zoning Board recommendations of Oct. 12, 1983: Preliminary Plan for Casa Park Villas in Tuscawilla: The City Planner explained the property is to the west and north of Phase I of Tuscany Place. This property originally was to be future phases of Tuscany Place but has been acquired by a new developer and the preliminary plan submitted is to be Phases I and II of Casa Park Villas. The development differs from Tuscany Place in that it will be rather than garden apartments as a condominium, it will be fee-simple townhouses with common areas and private roads controlled by a homeowners association. Mr. Allen Ginsburg, speaking for Casa Park Villas, the proposed development, said they are setting up a $10,000 opening budget. If the homeowners themselves decide that a tot lot is necessary or desirable by a majority vote, they can vote to do so, and there will be money available to build it. Motion was made by Commissioner Jacobs, seconded by Commissioner Hartman, to approve the preliminary plan for Casa Park Villas as presented with a waiver of road ease- ments as allowed under Sec. 14.95 allowing 30 foot easements with a minimum of 20 foot setbacks from the paving line and subject to the Engineer's memo of 10/25/83 and the condition the developer set up a $10,000.00 opening budget (as he so stated he would) to be governed by the homeowners association. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Approval to record plats of Tuscawilla Units 12 and 13 and Streets Lights was tabled for two weeks. Public Property-Moss Road Site: Commissioner Adkins said that by putting the retention area in there we are glvlng away city property which could and should be used for something else, either sold or developed as City property in the future when it is feasible and financially equitable to do so. Bill Holmes, Conklin, Porter and Holmes, explained that the City is going to be required to put in this retention area by DER and the St. John's River Management District. After discussion, it was decided to leave the plans as they are. . Regular Meeting, City Commission, Oct. 25, 1983 Page 3 83-84-2 Request to divide property on Old Sanford-Oviedo Road: The City Planner explained that we have an inquiry from the owner of property on the Old Sanford-Oviedo Road as to what would be the procedure to divide the portions of two previously platted lots which he owns, into three parcels. This has been referred to the City Attorney. Attorney Kruppenbacher recommended the Commission make a motion to approve the request subject to a recordable plat being submitted to the City in a form and manner approved by the City Staff; in the event the Staff does not approve it,your motion would require them to come back to you with it. Attorney Kruppenbacher also recommended the Commission direct the Staff to look into whether or not other public entities approach this in an alternative fashion by delineating commercial from private property. Motion was made by Commissioner Jacobs that we approve the applicant's request in accordance with the City Attorney's opinion (to present a recordable plat). Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, abstain; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Wander Lake: Manager Rozansky said he met with the Attorney, the contractor and Mr. try to resolve the Wander Lake situation. Mr. Hassler has been out to and has written a letter which has been distributed to the Commission. discussion of the clay which is piled on the city property. Hassler to inspect it There was . Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs that we direct the City Manager to hire a trucking firm and place the dirt on the roads in the Ranchlands where needed, and the rest on the Buttonwood Park. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, no; Commissioner Jacobs, aye; Commissioner Grove, no; motion carried. Motion was made by Commissioner Jacobs to direct the City Manager to contact Mr. McNorrell and Mr. Maiuri to find out if they are interested in any portion of that; then have the lot appraised and take the steps to implement that. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Motion was made by Commissioner Jacobs to accept the deal that Mr. Jones presented. Seconded by Commissioner Adkins for discussion. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. . Pension Plan: 1. Res. No. 432 amending Pension Plan and Trust, etc: Attorney Kruppenbacher read R~solution No. 432 by title only. Motion was made by Commissioner Linville to adopt Resolution No. 432. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. . . . Regular Meeting, City Commission, Oct. 25, 1983 Page 4 83-84-2 Manager Rozansky said the Commission decided we would go with the Florida League Pension Trust Fund. Mr. Mead, our Attorney Frank Kruppenbacher met with the Board of Trustees and reviewed the Plan. Mr. Mead contacted the gentleman from the League and he was here to explain the Plan to us. The Florida League will administer our plan. Resolution No. 432 brings this Plan in accordance with the law and it is a better plan for the City and the employees. John Hatfield, Ermine Ave., asked what the fee will be and what the past performance of their investment has been. Manager Rozans1:y explained the fee will be 7/10 of 1% of the payroll that goes into the Plan. Auditor Selection: Interviews are to be set up for November 1, starting at 7:00, 7:30 and 8:00 p. m. to interview three auditors: Kane & Schuck: Newman & Fender and Hartsock and Hartsock. Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to continue this until our next meeting. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Jacobs, seconded by Commissioner Grove to rescind that motion. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. City Manager - Richard Rozansky: Bids-Copy Machines: On Oct. 20 we had a bid opening for 2 copy machines. The City received four bids. The Finance Clerk and the Police Chief evaluated the bids and they recommend we accept the bid for the two Sharp Machines in the amount of ~9,~00.00 and the service contract for ~300.00. Motion was made by Commissioner Linville, seconded by Commissioner Grove to accept the bid on the two Sharp machines in the amount of $9,800.00 with the service contract. Discussion. Vote on the motion: Commissioner Adkins, no; Commissioner Linville, aye; Commissioner Jacobs, no; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Resolution No. 431 urging Governor, Fla. Legislature and County Commissioners to make the presently existing distribution formu~a for the four cents gas tax permanent during the ten year duration, etc. Attorney Kruppenbacher read Resolution No. 431 by tit~e only. Motion was made by Commissioner Hartman, seconded by Commissioner Adkins to adopt REsolution No. 431. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Professional Services: Manager Rozansky exp~ained he would like to use the services of another engineering firm because Conklin, Porter & Ho~mes have indicated they are only interested on working on NOWSCO and the Moss Road project. Manager Rozansky said he would like to use the firm of Land Engineering in Longwood on a consulting basis. f . ~ Regular Meeting, City Commission, Oct. 25, 1983 Page 5 83-84-2 . Motion was made by Commissioner Grove that the City utilize the engineering firm of Land Engineering, Longwood, Florida, for consulting service. The City Manager may use the firm at his discretion. Seconded by Commissioner Jacobs; discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Manager Rozansky reported he has received approximately 12 applications for a Planner/ Draftsman. He will start interviewing tomorrow and will be hiring someone very shortly. On our municipal complex we are still looking for a site. Attorney Kruppenbacher said he will report back at the next meeting on noise and curfew ordinances. And Attorney Kruppenbacher said he has met with Mr. Alpert and Mr. Bishop in reference to the street lights on Winter Springs Boulevard prior to approval of lots of Units 12 and 13. They tabled the item; so no action was taken. Commission Seats I, II and III - no reports. Commission Seat IV - William Jacobs: Commissioner Jacobs asked about the sidewalks, and stop signs and also about the acquisition of NOWSCO. Mayor's Office: John Hatfield, Chairman of the P&Z Board, spoke about the City Planner, Jacqueline Koch, and said she has done a very good job. . Meeting was adjourned at 10:50 p. m. Respectfully submitted, :Jn~;: /z~ Mary T. Norton, City Clerk ,~ . "-FORM 4 ~jlEl'1'ORA~J'DUM OFVOT1~JG COi\JFL~CT . LAST NAME - FIRST NAME - MIDDLE NAME _ W, .LL 15~ A ,0 -::r-; vY) J) ~, ..~. &06 5,11(r,5j.., K:{' CITY .7 ZIP --e" ~ 7c ~AME OF A AGE~:CY i; unit of: DA/~O~ ;5 /.~c3a?E~____ NAM OF :,.ERS9/' REC~"G r-lI:-rUTES : ~~~___J TITLE OF PETl:;O~EC,9~DtSG :.m';UTES . ;2?L,IUl-<ICIPALITY I~. avle- SPECIFY --j OOTHER OSTATE OCOUNTY COUNTY ::5'r'lVl 1 ! MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes g112.3143 (1979) ] ! l" ~ ! If you have voted in your official capacity upon' any measure in which you had a personal, private, or professional interest which in.ures to " : your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest : below. i . I I I I I I I 1. De~~~::a=hiC~d~;ZiY O-~ (Mdr~ ~ 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain 01' the special private gain of any principal by whom you are retained: . -- FA-n~ 3. Person or principal to whom the special gain described above will inure: a.D Yourself b~ Principal by whom you are retained: ~.~ D #A-te 7 n-;</ /I") (NAME) , SIGl-<ATURE t ~~ DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE CCURRED: ~ FILING INSTRUCTIONS . This memorandum must be filed within fifteen (15) days folloVting the meeting during which the voting conflict occurred with the person ri?sponsib!e for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting r.1inutes. This form need not be [;~cd merely to indicate the absence of a votiDg conflict. Florida law permits but does not require you to abstain from voting when a conflict I ,')f interest zrises; if you vote, however, the conflid must be disclosed pursuant to the requirements described above. -e ::OTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1979), A FAILURE TO MAKE A~Y REQUIRED DISCLOSURE CONSTITUTES (,ROUNDS FOR AND MAY BE PUNISHED BY O!';E OR MORE OF THE FOLLOWING: JMPEACH~IENT. REMOVAL OR SUSPENSION FROM OFFICE I ()!t E~IPLonIENT, DEMOTION. REDUCTION IN' SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. I I ..---- " Foa:>'l 4 - REV. 12-79