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HomeMy WebLinkAbout1988 11 14 City Commission Regular Minutes . " . . ~ 88-89-4 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MONDAY, NOVEMBER 14, 1988 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 Arthur Hoffmann, present City Manager Richard Rozansky, present City Attorney Tom Lang, present Commissioners: Cindy Kaehler, present Philip A. Kulbes, present William A. Jacobs, present Martin Trencher, present The invocation was given by Commissioner Philip A. Kulbes. Motion was made by Commissioner Kulbes to approve the minutes of Oct. 24, 1988. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. Public Input: Mayor Grove called a brief recess in order for the V. F. W. Post 5405 and its Auxiliary to present new flags to the City, and at that time the Pledge of Allegiance to the Flag was held. Mayor Grove called the meeting back to order. Mr. Gene Dorman, Northern Way, spoke about speeders on Northern Way and asked if something could be done to slow them down. John Ferring, Oak Forest, gave an update and progress report regarding the problems involved with Oak Forest, the arbor problems, drainage problems and the environmental conditions. An inspection has been made of Units 6, 7, and 8 by the St. John's Water Management District, and Mr. Ferring urged the City to obtain a copy of that report. Tim Johnson, Gator Lane, representing the Tuscawilla Homeowners Association, gave a brief update of the facts regarding the meeting that was held Saturday morning, (Nov. 12) with the developer of .the shopping center. Mr. Johnson said the Developer is going to come back in two weeks to let us know where he stands. General Agenda Public Hearing for Ord. No. 440, continued from Oct. 10, 1988, amending the Comprehensive Plan in accordance with F.S. 163.3187; providing for the addition of annexed property to the Land Use Map at Commercial and Rural residential classifica- tions; providing for the zoning categories C-l and R-U for the property on the official zoning map, etc. Second Reading: Attorney Lang read amended Ord. No. 440 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. Jacqueline Koch, City Planner, explained this is the last of our first set of Spring Amendments of 1988. Adoption of this Ordinance was postponned because there were pending two filings of rights-of-way reservation maps, one for the Dept. of Transportation and one for the Expressway Authority. The property was annexed earlier this year, approximately 56 acres. No one spoke for or against the ordinance. Mayor Grove closed the public hearing and reconvened the Commission Meeting. . . . Regular Meeting, City Commission, Nov. 14, 1988 Page 2 88-89-4 Motion was made by Commissioner Hoffmann to adopt Amended Ordinance No. 440. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Request of Mindich Homes to allow a temporary fence to remain in the right of way until completion of the subdivision: Staff's main concern is that if homes are constructed down the street, the fence would force people to walk into the street which might cause some liability. Staff's recommendation was that they finish the sidewalk and just put the fence across the front. Mr. Scot Kramer with Mindich Homes, director of Sales and Marketing, explained one of the reasons for putting the fence out towards the street was so the buyer would have to step back from the house to get a true perspective of how that house would look on the lot. Commissioner Kulbes suggested putting the fence inside the sidewalk so the people can use the sidewalk when it is constructed, and he said he would like to see the trailer removed. Motion was made by Commissioner Kulbes that the request for placing the fence in the right-of-way be denied. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. First Reading of Ordinances to implement the Fall Amendments to the Comprehensive Plan: 1. Ord. No. 445, Pt. Lots 26 and 27, Entz. Farms, Add. No. 2/reclassify land use from Rural Residential to Commercial (Zone C-l) 6.4 acres south of SR 434, east of SR 419 intersection. 2. Ord. No. 446, Pt. Lot 9, Blk. D, Mitchell Survey of Levy Grant/add to land use map as commercial (Zone R-U) (reclassification from Sem. Co.General Rural)/6.3 acres south of SR 434 east of SR 419. 3. Ord. No. 447, Pt. Lots 5-6, P.K.Yonge Grant; and Lots 3-7, Pt. Lot 8, Blk. A, Mitchell Survey of Levy Grant/reclassify land use from Rural Residential to Commercial (Zone C-l) 414 acres east of Brantley Ave., north of SR 434. Motion was made by Commissioner Kulbes to read Ord. No. 445, 446, and 447 by title only on first reading. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Attorney Lang read Ord. No. 445, 446, and 447 by title only on first reading. Planning & Zoning board Recommendations of 10/26/88: 1. Proposed changes to City Code Mr. Gene Dorman, Chairman of the P& Z Board and Mr. Mike Saporito discussed the proposed changes. Mr. Dorman explained the Board felt there are certain areas which needed clarification, and by rewriting would help the P&Z Board follow their duties, and would also help the Commission understand exactly what the P&Z Board has to do. The Board has held several workshops and have come up with the proposed revisions. Mr. Dorman said the Board is now reviewing the proposed commercial Code. . . . Regular Meeting, City Commission, Nov. 14, 1988 Page 3 88-89-4 The proposed changes are to be given to the City Attorney. Planning & Zoning Board Recommendations of 11/9/88: 1. Amendment to Comprehensive Plan/Land Use Map-south 200 ft. of Lot 7, Blk. B, Johnson's Poultry Farm, P.B. 6, Pg. 8, Sem.Co./reclassify land use from Commercial to Light Industrial (zone C-2)/2.3 acres on east side of Belle Ave. (south of S.R. 434): Miss Koch, City Planner, explained this is a small scale amendment to the Comprehensive Plan being less than three acres. The property is on the east side of Belle Avenue between Belle Ave. and the elementary school and has been in the City quite a while, zoned commercial. The owner came in last year with an amendment to a portion of the property to light industrial so they could begin a project of office warehouses. Planning & Zoning Board recommended approval. Motion was made by Commissioner Jacobs to read Ord. No. 448 by title only. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Attorney Lang read Ord. No. ,448 by title only on first reading. A brief recess was called at 8:30 p. m. and called back to order at 8:45 p. m. Letter from Attorney Al Cook: Miss Koch gave the background of the Joyce Property. The property in question is north of the railroad tracks, north of City Hall. The property was annexed last spring. It was in the first set of Amendments for 1988 to the Comprehensive Plan. The request was for light industrial land use classification. The first public hearing was held in the spring, and at that time it seemed that there were no particular objections to that concept. This was transmitted to the State Dept. of Community Affairs. They did not have any specific objections. The Dept. of Transpor- tation and Seminole County Planning office had a number of statements of various issued that would need to be addressed. On Oct. 10th the required second public hearing was held and at that time a number of objections arose from people living north of the property along the lake based on the activity that has started there after annexation and without the City being aware there was an electrical contracting business there. That was causing some problems with the road. The hearing was continued at that time until the last Commission Meeting, and at that time the request to assign the land use was denied. The status of the property is that it is in the City, but has no City land use or City zoning until an amendment is passed that does assign a City land use. It still comes under development standards of Seminole County even though it is in the City limits. The City has 60 days from receipt of the comments from the State to adopt an ordinance, and we only have until the 23rd of November and nothing is in progress at this time. Discussion followed on whether or not the Commission should re-hear and reconsider the decision on the Joyce property. Commission felt that this item went through the entire process, a decision was made and there was no valid reason to rehear it. . Regular Meeting, City Commission, Nov. 14, 1988 Page 4 88-89-4 Attorney Lang suggested the Commission recommend to the Code Enforcement Board that they be given a certain period of time to vacate the premises. Commissioners Hoffmann and Trencher recommended 30 days, Commissioner Kulbes recommended 90 days, Commissioner Jacobs recommended 45, 60 or 90 days and Commissioner Kaehler felt it should be left up to the Code Enforcement Board. City Manager Richard Rozansky: First Reading of Ord. No. 443, providing for the adoption of a reclaimed water system for the City of Winter Springs; providing for a reclaimed water system routing and expansion program, etc.: Motion was made by Commissioner Kaehler to read Ord. No. 443 by title only. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye, Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Attorney Lang read Ord. No. 443 by title only on first reading. First Reading of Ord. No. 444, amending Section 14 of the Land Development Code, etc.: Motion was made by Commissioner Jacobs to read Ord. No. 444 by title only. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. . Attorney Lang read Ord. No. 444 by title only on first reading. City Manager Rozansky said he would ask for a Workshop on both ordinances. Senior Citizen Center: Standard Form of Agreement between Owner & Architect: Paragraph 14.1 regarding compensation, Mr. Soellner is asking for $1,000 as initial payment; Paragraph 14.2.1 Basic Services-lump sum for schematic design, design development, construction documents, bidding construction $15,225.00; architectural As-Built investigation of existing civic center $825.00; site choice analysis and report, $875.00; Total Basic Services $16,925.00. Paragraph 14.4.1 hourly rate $75.00 per hour. Manager Rozansky said if the Commission approves the Agreement, Mr. Soellner's first chore will be to review the sites and come back with that report. Motion was made by Commissioner Trencher to approve the Standard Form of Agreement between Owner & Architect for the Senior Citizen Center, subject to City Attorney's review. Seconded by Commissioner Hoffmann. Discussion. In discussion Commissioner Kulbes was appointed as liaison between City Staff, the Architect and the Seniors. Vote on the motion: Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . Industrial Waste Service,Inc.-Their letter of 9/26/88: Manager Rozansky explained in their letter as per the terms of the franchise agreement dated Dec. 9, 1985, they were giving ninety days written notice of intent to renew. . Regular Meeting, City Commission, Nov. 14, 1988 Page 5 88-89-4 Mr. Bissonet and Mr. Daly were present. Manager Rozansky asked about the rates, and Mr. Bissonet said right now they have no intention of raising rates. I.W.S. will be addressing recycling, and if that causes any undue increase in their cost of doing business, then they will have to come before the Commission. Motion was made by Commissioner Jacobs authorizing the franchise agreement with Industrial Waste Services be extended for three years. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Recreation Land Acquisition/Finance Schedule: Manager Rozansky said Cascells want to wait until December 12th, the Schrimscher's want to wait until after Dec. 28th,and Judge Leffler is supposed to get back with him in December. Manager Rozansky is still waiting to hear from Indian Ridge. Gary Akers presented an estimated Timetable for the Public Improvement Revenue Bonds and a summary of capital improvements to be financed from the proposed revenue issue. Motion was made by Commissioner Trencher to instruct Southeast Municipal Bonds to follow the schedule as provided and present the City Manager with a bond resolution November 28. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; motion carried. . Seminole Utilities Acquisition: Manager Rozansky gave a recap of what has taken place to this point. On July 18th Commission approved a letter to Mr. Birdsong instructing him that the City wants to formally take up negotiations to purchase Seminole Utilities; also in that letter Manager Rozansky said if the City cannot reach an agreement on the purchase price by Nov. 1, 1988, then condemnation proceedings would begin. Then on Oct. 12, 1988 the City made an offer. On Nov. 11, 1988 Manager Rozansky received the following letter from Gulfstream, Florida's Real Estate Company, to City of Winter Springs Richard Rozansky, City Manager, Re: Winter Springs Utilities/Seminole Utilities Dear Dick: This letter is in response to the City of Winter Springs offer to purchase the Seminole Utility Co. contained in your letter dated October 12, 1988. We have consulted our investors with respect to your offer and they have advised us that they believe it to be inadequate. We are most willing to continue meeting with you in an attempt to negotiate a friendly purchase. However, I am of the opinion that our investors' expectations of value are too high for us to reach an agreement. Based upon the above information, I believe your best course from here would be to pursue condemnation of the property. We will be glad to work with you in any way possible in this process provided that it does not violate our fiduciary obligation to our investors. Should you have any questions, please don't hesitate to contact me. Sincerely, Philip A. Birdsong, Senior Vice President. Manager Rozansky said he has instructed Attorney Lang to proceed with condemnation. . Proposals for Fire Service Facilities Adequacy Study/Improvement Plan: Two proposals were received, one from Long Associates and the other from Reynolds, Smith & Hills. Staff has reviewed them and Long Associates received 152 and RS&H received 119. . Regular Meeting, City Commission, Nov. 14, 1988 Page 6 88-89-4 Motion was made by Commissioner Kulbes that we approve the study be granted to Long & Associates. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, no; motion carried. Reports: Manager Rozansky reported the Holiday Party for Staff will be held on Dec. 17th at the Civic Center. The Civic Association has approached him and the children from the three elementary schools want to make greeting cards and put them in the front yard of City Hall. Commission was in agreement to do this. Commission Seat I - Cindy Kaehler: Commissioner Kaehler asked for an update on the bussing situation of children in the Meadowlark area. Commissioner Kaehler also discussed the arbor ordinance and Commission was in agreement to allow Mr. Artman to get with Mr. Martin to make the necessary changes, then it will be brought back to the Commission. Commissioner Kaehler asked the City Manager to contact the Ranchlands Homeowners Association in reference to the park in their area. Manager Rozansky spoke about the proposed park on the lot by Wander Lake and that nothing was done because at the time it was brought before the Commission the people in that area protested and did not want a park there. . Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann gave an update on the Expressway. He summarized that the financing of the engineering is on schedule. They are ready to make purchases of property to carryon from CR 426 to SR 434 and beyond that to go on to US 17/92. The earliest construction would start would be late 1989, and it would take a year to go up to SR 434, and another year to US 17/92. The expressway would have an inter- change at SR 434. The bridge is of concern because of its effect on the environment. Lake Jessup is not a fast moving lake, so contaminants into the lake either have to be taken care of by drainage on the bridge or some other means. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes said he endorses the selection of Mayor Smith and Commissioner Tremel to the Expressway Authority by the Council of Local Governments. Commissioner Kulbes reminded everyone of the Holiday Parade Nov. 20. Commission Seat IV - William A. Jacobs: Commissioner Jacobs suggested putting our own crossing guards if the Sheriff's Dept. does not. He said there might even be some funds available. Commissioner Jacobs said in addition to looking at our commercial zoning code we should be looking at our sign ordinance. Commission Seat V - Martin Trencher: No report. Mayor's Office: Election Results: Seat I - Terri Donnelly received 2,769 votes; Cindy Kaehler received 3,393 votes. . Seat V - David Hopkins received 2,095; Teresa Lewis received 1,083 and Paul Partyka received 3,092 votes. . . . Regular Meeting, City Commission, Nov. 14, 1988 88-89-4 Page 7 Swearing-In Ceremonies will be held on December 5th at 8:00 a.m. The public is invited. Endorsement of the appointment of Paul Tremel and Mayor Bettye Smith for reappoint- ment to the Expressway Authority as recommended by the Council of Local Governments in Seminole County: Motion was made by Commissioner Jacobs to accept the recommendation of CALNO. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Commission was not in favor of providing funds for a bicycle coordinator position on behalf of the MPO. Meeting adjourned 10:40 p. m. Respectfully submitted, ~1~ Mary T. Norton, City Clerk Approved: -f~ YJ;. LEANNE M. GROVE y;!~ / ,MAYOR