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HomeMy WebLinkAbout1985 10 28 City Commission Regular Minutes . .. 85-86-3 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS OCTOBER 28, 1985 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso at 7:30 p. m. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, present Arthur Hoffmann, present Buck Adkins, present Leanne Grove, present Deputy Mayor William A. Jacobs asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Buck Adkins. Motion was made by Commissioner Hartman to approve the minutes of Oct. 14 and Special Meeting of Oct. 21, 1985. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Public Input: Mayor Torcaso presented a Proclamation to Dan Martin of Hacienda Village, proclaiming November 1st as Telephone Pioneer Day in Winter Springs. . Helen Powell, Hacienda Village spoke about building permit fees. Mrs. Alvin, Tradewinds Road, spoke about the City picking up garbage. General Agenda Public Hearing for Ord. No. 330, rezoning that part of Tract I, the Highlands, Sec. 3, etc. Second Reading: Attorney Kruppenbacher read Ordinance No. 330 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Hartman to adopt Ordinance No. 330. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. ,Final Engineering Tracts 1 and 2, Mt. Greenwood P.U.D.: Staff recommends final engineering approval. Commissioner Jacobs asked if the retention ponds are adequate. Mr. Terry Zaudtke said they meet our requirements and they meet the criteria. Commissioner Grove asked about the outfall structure into Gee Creek. . Motion was made by Commissioner Hartman for approval of final engineering Tracts 1 and 2 of Mt. Greenwood P.U.D. subject to the acceptance of the outfall structure, and I would like to state I am happy with the reduction with the number of units and it looks like a very good project, and subject to the four provisos in the Planner's letter of Oct. 23, 1985. Seconded by Commissioner Jacobs. Discussion. In discussion Commissioner Adkins asked about the agreements for the signalization. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. . , Regular Meeting, City Commission, Oct. 28, 1985 Page 2 85-86-3 . Oak Forest Unit 6-Final Engineering: There was discussion of the gambion basket system and signalization at Trotwood and Winter Springs Boulevard. It was decided that the signalization of Tuscawilla Road would be discussed with the County at the joint meeting to be held on November 19. Motion was made by Commissioner Hartman that we approve the final engineering of Oak Forest Unit 6 with the stipulation that their performance bond be extended for an additional two years and if it is not deemed satisfactory after the first two years, that they do any improvements necessary to make it satisfactory and that we hold a workshop to discuss signalization of Tuscawilla Road and that the results of those workshops be part of the public record and binding on this Oak Forest Unit 6. Seconded by Commissioner Jacobs for discussion. Motion and second were withdrawn. Motion was made by Commissioner Jacobs to approve final engineering of Oak Forest Unit 6 with the developer agreeing the City has the discretionary authority at the end of the two year period to require a two year extension to the bond covering the improve- ments and that the developer proceeds at his own risk reference any additional require- ments of signalization the Commission may deem appropriate, and if at the end of two years the City requires the gambion basket system to be replaced, it will be replaced. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. . Dittmer Property: Motion was made by Commissioner Jacobs to grant Mr. Dittmer a one day extension which would be November 11, 1985, the next Commission Meeting. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Coventry Place: Mr. Yurchison and Mr. Frank Finkebeiner, Attorney, were present to appeal the decision of the Site Plan Review Board ruling requiring the sprinkler system because of the high cost. The Commissioner's reasons for requiring sprinklers were the furnishings would be the first things to burn, and as these people being elderly would not be able to move quickly and would die of asphyxiation; the City does not have the equipment to evacuate from a third story and Commissioner Jacobs felt the sprinklers were necessary because of the facts as stated in the Fire Chief's letter. Motion was made by Commissioner Hartman to uphold the decision of the Site Plan Review Board with regard to sprinklers. Seconded by Commissioner Grove for discussion. Commissioner Adkins asked if we accept the Site Plan REview Board with the exception of the sprinklers, are we accepting the engineering that has already been submitted. The City Attorney said the only thing being approved is that the Commission is requiring sprinklers. Attorney Charles Hokwist, representing John Webb, Engineers on the original site plan, said at this time on behalf of John B. Webb & Associates, we would disavow any plans that have or purport to have our seal or our signature thereon. We have . . . . . Regular Meeting, City Commission, Oct. 28, 1985 Page 3 85-86-3 enumerated several dozen modifications or changes of which we were not a party; we do not know why they were done; that is not an issue; we would like to maintain our credibility and our integrity before any and all public bodies including the City of Winter Springs and hereby disavow any purported plans that were prepared by my client. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, no; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Appointment of City Auditor: Motion was made by Commissioner Jacobs to reappoint our present auditors for another year. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. Commissioner Hartman stated our present auditors have done a very good job. Report on the Jacobson Wall: Attorney Kruppenbacher said after the last meeting the Commission directed that the wall be inspected by the outside consultant; as of this time no inspection has been made. Attorney Kruppenbacher's recommendation was to file the appeal, direct the Staff to take appropriate administrative steps. If the Building inspector does consider it to be an unsafe structure as it presently stands, direct us to proceed under your appropriate ordinances. It will be a minimum of 60 days before we can effectively do anything. Motion was made by Commissioner Jacobs that we file the brief and require them to bring the wall up to the standards of the Southern Standard Building Code in accordance with the ordinance process. Seconded by Commissioner Hoffmann for discussion. In discussion Commissioner Adkins said to state the reason we are requiring them to bring it up to standards is for the safety of the adjacent home- owners. Commissioner Hartman pointed out that the wall is not being constructed in compliance with the building permit. Mr. Daryl Hall and Mr. Tom Dougherty spoke in discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, no; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Appointment to Code Enforcement Board: Motion was made by Commissioner Jacobs to appoint Mr. Brian Rush of Rustic Woods to the Code Enforcement Board. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Planning & Zoning Board Recommendations of Oct. 23, 1985: Motion was made by Commissioner Adkins to approve the Planning & Zoning Board recommendations. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. . . '~ . Regular Meeting, City Commission, Oct. 28, 1985 Page 4 85-86-3 First Reading of Ord. No. 334, Baxler Annexation-Lots 1 and 2 of the Lew-Jim Subdvn., P.B. 11, Pg. 38, P.R. of Sem. Co. and E 261.5 ft. of the south 482 ft. of Lot 7, Blk. A, Johnson Poultry Farms, P.B. 6, Pg. 8, P.R. of Sem. Co., Parcel 42l-30-5ll-0A 00 007A: Motion was made by Commissioner Jacobs to read Ord. No. 334 by title only on first reading. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Attorney Kruppenbacher read Ordinance No. 334 by title only on first reading. City Manager-Richard Rozansky: Request of Ron McDowell, 651 Tradewinds Road, to clean pond: Motion was made by Commissioner Hartman that we allow Mr. McDowell to dig a pond on his property approximately 140 X 120 and that he dig it 5 to 6 feet in depth and that since it will be fenced in it should be 3-1 slope where possible, but where it gets narrow, he be allowed to change the slopes whatever the ground will support, and that it be a 90 day permit. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. Industrial Waste Services-First Reading of Ord. No. 335, authorizing the renewal of the refuse contract between the City of Winter Springs and Industrial Waste Services, Inc.: There were several changes as follows: in the Franchise Agreement, page 1, change 90 days written notice to 60 days; page 2, change 7.50 per cubic yard to 2.85; under Specifications for the Collection of Refuse, page 1 under B, Special Haul Service, that there will be special pickups abut 4 times a year and residents would be notified by mail; maximum amount one pickup load. Motion was made by Commissioner Adkins to accept the ordinance with the changes as stated with the exception of the fee for residential being reduced to 8.50 or go out for competitive bids. Motion failed for lack of a second. Motion was made by Commissioner Jacobs to read Ord. No. 335 by title only on first reading. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, no; Commissioner Hoffmann, aye; Commissioner Adkins, aye; motion carried. Attorney Kruppenbacher read Ord. No. 335 by title only on first reading. Hazardous Waste Consultant's Appeal: The Appeal is set for November 26, and there will be several meetings before that date. The Commission can decide who shall represent the City. Reports: Traffic light at Sheoah Boulevard: the engineering has been done. A letter has been sent to the School Board with the engineering and there is one more form they have to sign allowing us to dig in their right of way. . Regular Meeting, City Commission, Oct. 28, 1985 Page 5 85-86-3 Attorney Kruppenbacher reported there is an organization, "Professional Fire- fighters of Florida," based in New Smyrna Beach who have been soliciting contributions from residents of the City representing that the benefits they provide accrue to all the local firefighters in the area. The Fire Chief wrote a letter to the Editor that the Winter Springs Fire Department is not a member or a participant of the Professional Firefighters of Florida and the Winter Springs Fire Department receives no benefits from this organization. Commission Seat I - Jim Hartman: Commissioner Hartman reported that he was appointed to chair the State Environmental Policy Committee on Growth Management for the seven county area. Commission Seat II - Arthur Hoffmann: No report. Commission Seat III - Buck Adkins: No report. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked when the viewers would be set up. Commission Seat V - Leanne Grove: Commissioner Grove congratulated Commissioner and Mrs. Hartman on the birth of their son. . Mayor's Office: Mayor Torcaso said the County has asked that candidates not put their signs on the County right-of-ways. Meeting was adjourned 11:20 p. m. Respectfully submitted, ~7'~ Mary T. Norton, City Clerk .