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HomeMy WebLinkAbout1988 03 14 City Commission Regular Minutes 87-88-10 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, MARCH 14, 1988 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Deputy Mayor Arthur Hoffmann. Roll Call: Mayor Leanne M. Grove, absent Deputy Mayor Arthur Hoffmann, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Cindy Kaehler, present Philip A. Kulbes, present William A. Jacobs, present Martin Trencher, present The invocation was given by Commissioner Martin Trencher. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Motion was made by Commissioner Kulbes to approve the minutes of Feb. 22, 1988. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Public Input: Ann Schneider, Morton Lane asked about the status of paving the roads in the ranchlands south of Tradewinds Road. Mrs. Susie Reid, Hayes Road, Mr. Al Lock, Morton Lane and resident of 11 Morton Lane, Carl Stephens, Russell DeFazio and . Sam Musgrove all spoke in discussion. Public Hearing for Ord. No. 411, amending Sec.2-6(d) to provide for Board of Trustees consisting of five members, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 411 by title only on second reading. Deputy Mayor Arthur Hoffmann recessed the Commission Meeting and opened the public hearing. No one spoke for or against the Ordinance. Deputy Mayor Hoffmann closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kulbes to adopt Ord. No. 411. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Deputy Mayor Hoffmann announced that Mayor Leanne Grove is ill this evening. He also announced that former Mayor John V. Torcaso was in the audience. Planning & Zoning Board recommendations of Feb. 10, 1988: 434 Partnership-289 acres south of S.R. 419/434 and east of Mockingbird Lane: Mr. Ken McIntosh, Attorney, representing the 434 Partnership, spoke to the Commission about the project, and introduced the members of the general partnership of 434 Partnership, the owners and developers of the property. He spoke about their application for zoning and the settlement agreement. . Mr. Donald W. McIntosh, Jr., president of Donald A.McIntosh Associates, practicing in civil engineering, land planning and land surveying, explained that they were retained by 434 Partnership for the purposes of reviewing and assessing this tract of land development feasibility. There is a 104 acre easement on the east side of the property. On the north of the property the land is zoned commercial on SR 434; the eastern boundary is the conservation easement; the southeastern corner . Regular Meeting, City Commission, March 14, 1988 Page 2 87-88-10 is conservation and Oak Forest Units 7 and 8 with a dedicated right of way proposed; the southern boundary the property is being used for spray irrigation and effluent by Seminole Utility Company; tract 16 is owned by the City of Winter Springs and is being used for spray effluent; and to the southwestern portion of the property is the City of Winter Springs wastewater treatment and disposal facilities. To the west are the Ranchettes. They have reviewed the entire area and are propose in the application to zone the property R-lA. J 1'/ " Mr. McIntosh summarized that they are proposing 400 units consistent with the maximum allowed in the settlement agreement; more than 20 acres of parks will be provided with an additional $25,000 of financial commitment to improve them; $35,000 will be set aside for the improvement and signalization of the inter- section; and offered $500 per unit voluntary contribution to area schools. Attorney Tom Lang gave the history of the settlement agreement. Mr. Saporito and Mr. Hopkins spoke about the Planning & Zoning Board's recommendation. Motion was made by Commissioner Jacobs to place Ord. No. 417 on the Agenda for first reading. Seconded by Commissioner Trencher for discussion. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Kulbes, no; motion carried. . Motion was made by Commissioner Trencher to have Ord. No. 417 read by title only on first reading. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Kulbes, no; Commissioner Jacobs, aye; motion carried. Attorney Kruppenbacher and Attorney Lang read ord. No. 417 by title only on first reading. Planning & Zoning Board Recommendations of March 9, 1988: Request of Robert C. Bixler to rezone property from R-l (one-family dwelling) to C-l (Neighborhood Commercial)-Lot 14, Block 8, N. Orlando Townsite, Fourth Add.- property at 2 Sherry Ave.: Mr. Bixler, applicant, was not present. Planning & Zoning Board recommended approval. First Reading of Ord. No. 415 rezoning Lot 14, Block 8, N. Orlando Townsite, Fourth Add. to C-l, etc.: Motion was made by Commissioner Kulbes to read Ord. No. 415 by title only on first reading. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Attorney Kruppenbacher read Ord. No. 415 by title only. Acceptance of Final Plat and recordation of Oak Forest Unit 7: Motion was made by Commissioner Kulbes to approve the plat provided all of the comments made by our City Attorney are met and added into the document that we are going to be responsible for. Seconded by Commissioner Trencher. Discussion. Vote on the motion: . . . . Regular Meeting, City Commission, March 14, 1988 Page 3 87-88-10 Commissioner Kaehler, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Request of Atlantic Motor Company for 6 month extension for trailer permit: The applicant, Howard Hall, representing Atlantic Motor Company, was present and requested a six months extension of a temporary permit to use a trailer in a commercial zone that was originally granted on Sept. 14, 1987. Motion was made by Commissioner Kulbes to grant the extension for six months. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Request of Mr. Downing for extension of permit until Sept. 30th for fruit stand: Motion was made by Commissioner Jacobs to grant the extension as requested. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Kulbes, aye; motion carried. Resolution No. 593 of the City of Winter Springs, FL assuring its full commitment including supplemental funding to the success of a Community Senior Citizens Center if Community Devel.Block Grant Funds are granted to this municipality for this purpose: Motion was made by Commissioner Kulbes to read Resolution No. 593 by title only. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Trencher, aye; Commisisoner Kaehler, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Attorney Kruppenbacher read Resolution No. 593 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 593. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. City Manager Richard Rozansky: First Reading of Ord. No. 416 closing, vacating and abandoning the dedicated right-of-way unnamed street which exists pursuant to D.R.Mitchell's Survey of the Levy Grant, etc.: Motion was made by Commissioner Trencher to read Ord. No. 416 by title only. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Kulbes,aye; motion carried. Attorney Kruppenbacher read Ord. No. 416 by title only. City Attorney Frank Kruppenbacher: Attorney Kruppenbacher reported that following the last meeting involving the rezoning of the pasture land he received a telephone call from a gentleman who raised the concern of the appropriateness of the Mayor meeting with Mr. Afflebach prior to the meeting. . Regular Meeting, City Commission, March 14, 1988 Page 4 87-88-10 Attorney Kruppenbacher said it is his opinion that it is the Mayor's responsibility to deal with that. The second issue that was raised concerned a Ms. Dickey and that Mr. Afflebach threatened to withdraw any land donations if she spoke against the rezoning. Attorney Kruppenbacher stated this is a private matter and does not warrant any action. He said he would represent to the individual that he had spoken to the Commission on this matter, and that it is now a closed matter. The next item was the ruling by Judge Leffler on the impact fee ordinance that it was unconstitutional as applied within the city limits of Sanford, Winter Springs and Casselberry. Attorney Kruppenbacher said it is his understanding the County Attorney will recommend appeal of this action. Manager Rozansky suggested a letter be forwarded to the County Commission telling them we are ready to sit down and talk about impact fees on an equal and fair footing. Commission Seat I - Cindy Kaehler: No report. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes suggested we have a workshop meeting with the Planning & Zoning Board. He also spoke about a moratorium on development in Brevard County until the schools are built to take care of the overflow. . Commission Seat IV - William A. Jacobs: Commissioner Jacobs spoke about the need to have a meeting with the Planning & Zoning Board and also for the Attorney to give some direction. Commission Seat V - Martin Trencher: Commissioner Trencher added that possibly we should make it a requirement on issues of major importance the Attorney be present at the Planning & Zoning Board meeting. Mayor's Office: Deputy Mayor Hoffmann reported that Winter Springs Development has issued a new letter to the School Board indicating the two properties offered for school sites. Meeting was adjourned 10:30 p.m. Respectfully submitted, m~~~ Approved: Mary T. Norton, City Clerk ~ LEANNE M. GRO .