HomeMy WebLinkAbout1989 01 23 City Commission Regular Minutes
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
JANUARY 23, 1989
The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Mayor Leanne M. Grove.
Roll Call:
Mayor Leanne M. Grove, present
Deputy Mayor Philip A. Kulbes, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, present
Commissioners:
Cindy Kaehler, present
Arthur Hoffmann, present
William A. Jacobs, present
Paul P. Partyka, present
The invocation was given by Commissioner Hoffmann. The pledge of allegiance to the
flag was led by Commissioner Kaehler.
Motion was made by Commissioner Kulbes to approve the minutes of Dec. 12, 1988 as
amended. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion:
Commissioner Jacobs, aye; Commissioner partyka, aye; Commissioner Kaehler, aye;
Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried.
Motion was made by Commissioner Jacobs to approve the minutes of January 9, 1989.
Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner
Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner
Kulbes, aye; Commissioner Jacobs, aye; motion carried.
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Motion was made by Commissioner Jacobs to approve the minutes of Jan. 16, 1989.
Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner
Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner
Jacobs, aye; Commissioner Partyka, aye; motion carried.
Public comment:
Gladys Zahand, Murphy Road, spoke about the Senior Center and the need for a partition
to close off the kitchen for certain activities.
Dave Bailey, Nighthawk Circle, spoke about a problem he has had in reference to his
reimbursement for his rug. He said that last February there was a drain overflow
in front of his house. The water company came out and spread a chemical in the street.
Mr. Bailey picked up some of this chemical on his shoes, and then everywhere he walked
became a bleached out space on his carpet. He said he contacted the City and the City
Attorney, and finally he contacted his insurance company and they paid about $1,100.
The total damages were $2,100. He was asking to be reimbursed for the balance.
The City Attorney recommended we ask the carrier to provide us a letter as to why they
are denying liability, and that Mr. Bailey should contact our Insurance Adjustor.
Scott Kline, Venture Court, spoke about the problems in his neighborhood relating to
trees. He asked if everyone had read the report in reference to this problem.
Attorney Kruppenbacher said he was prepared to talk about the report this evening.
Moti Khemlani, President of the Tuscawilla Homeowners Association, said the original
request to review the question of rezoning of Tuscawilla was made on Aug. 22nd and
. asked the status of that request.
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Mayor Grove explained that Step 1 was to be the Hearing which is to be held on
Feb. 6th. Attorney Kruppenbacher said the hearing would start at 8:00 p. m. at
the request of the Homeowners. The Hearing is in regard to the land use classifica-
tion of the property in question, 44 acres, and the Hearing would end at 10:30 p.m.
Attorney Kruppenbacher said if we haven't heard everything by 10:30 p.m. we will
reschedule for another night. The Developer has been told to present to the City
anything and everything that they want this City to hear regarding that property
as to what their arguments are and what they believe they have a right to or do not
have a right to. Once that is finished, then the Staff will analyze everything
that has been said. Once the Developer has presented everything, then the Commission
will ask any questions they may have, then the public will be allowed to comment, then
the hearing will be continued in order for the Attorney and Staff to analyze what has
been said.
Moti Khemlani explained the request that was made on Aug. 22nd was for the Commission
to look at the rezoning of the entire Tuscawilla Planned Unit Development based upon
the conditions existing in 1989, as sixteen years have gone by since the annexation
of the Tuscawilla Planned Unit Development, and the zoning designated as PUD.
Commissioner Kaehler pointed out that if we can not settle a vested rights question
on one piece of property, it doesn't make any sense to proceed with the entire Planned
Unit Development.
John Ferring, President of the Oak Forest Homeowners Association, spoke in reference
to Mr. Kline's discussion and reported there was to be a meeting on Jan. 24th at 11:00
a.m. at the Bel-Aire Homes Sales Office with St. Johns Water Management and Charles
True of McIntosh & Associates, and Mr. Ferring. The City Engineer, Leonard Kozlov was
also invited to attend.
General Agenda
Planning & Zoning Board Recommendations of Jan. 11, 1989: Request of Alejandro and
Ramonita Baez to annex Lot 5, Tuskawilla, P.B. 1, Pg. 5 - one acre southwest of inter-
section of S.R. 434 and Tuscawilla Road:
The City Planner, Jacqueline Koch, said the public hearing for the Land Planning Agency
will be on Feb. 8th. The PLanning & Zoning Board recommended approval to annex the
property. Commission was in agreement to proceed with the annexation.
Senior Center-Building Design/Construction Options:
Mr. Soellner was present and presented three different options. Option A was the
option presented at the last meeting; concrete block, stucco with wood roof truss,
4,346 square feet, approximate cost per sq.ft. a little over $40.00 per square foot,
with a multipurpose room around 2,200 square feet.
Option B was using a steel frame, cost per square foot $35.00; did not break through to
the original building but has the option to do so in the future. The cost to break
through is approximately $4,000 to $7,000; multipurpose room 2,256 sq. feet which could
be increased by moving back the partitions.
Option C- was a separate building by about 24 feet; it could be connected at a later
date; multipurpose room 2,480 square feet and when combined with the classrooms its
almost 3,000 square feet. 4,443 square feet at a cost per square foot of $36.89.
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~ Motion was made by Commissioner Kaehler that we accept concept B. Seconded by
Commissioner Jacobs for discussion. Discussion. Vote on the motion: Commissioner
Hoffmann, no; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner
Partyka, no; Commissioner Kaehler, aye; motion carried.
The City Manager, Commissioner Kulbes, Mr. Whitsett and the Building Official,
are to work with the Architect to develop the plans.
Resolution No. 610, providing for payment of $50.00 per month to members of Winter
Springs Commerce and Industry Development Board, etc.:
Attorney Kruppenbacher read Resolution No. 610 by title only.
Motion was made by Commissioner Hoffmann to approve Resolution No. 610. Seconded by
Commissioner Kulbes. Discussion. Vote on the motion: Commisisoner Kulbes, aye;
Commisisoner Jacobs, aye; Commissioner Partyka, no; Commissioner Kaehler, aye;
Commissioner Hoffmann, aye; motion carried.
Resolution No. 611, providing for payment of $50.00 Bi-Monthly (every two months)
to members of the Code Enforcement Board, etc.:
Attorney Kruppenbacher read Resolution No. 611 by title only.
Motion was made by Commissioner Kulbes to adopt Resolution No. 611. Seconded by
Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jacobs, aye;
Commissioner Partyka, aye; Commissioner Kaehler, aye; Commisisoner Hoffmann, aye;
Commissioner Kulbes, aye; motion carried.
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City Manager Richard Rozansky:
1. Audit Presentation-Kane & Associates:
Ms. Renard, Gary Kane and Sandy Moore were present. Ms. Renard reported that in
their testing they did not find any material or pervasive problems and therefore
could issue a clean opinion on the financial statement. No problems with the internal
controls of the City were noted. She spoke about the fixed assets and the accumulation
of uncollectible receivables in the Enterprise Fund.
She said Mr. Martin does a tremendous job and she thanked Mr. Rozansky, Mr. Martin
and staff for their assistance. Also thanked the City Commission.
Motion was made by Commissioner Jacobs to accept the audit of Sept. 30th by Kane
and Associates. Seconded by Commissioner Partyka. Discussion. Vote on the motion:
Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye;
Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried.
2. Fire Service/Facility Study-Long & Associates:
Motion was made by Commissioner Kulbes to accept the Agreement between the City
of Winter Springs and Long & Associates for a service facility study. Seconded by
Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye;
Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye;
Commissioner Partyka, aye; motion carried.
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3. Resolution No. 612, confirming authority to condemn Seminole Utilities:
Attorney Kruppenbacher read Resolution No. 612 by title only.
Motion was made by Commissioner Jacobs to adopt Resolution No. 612. Seconded by
Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Hoffmann, aye;
Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye;
Commissioner Kaehler, aye; motion carried.
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4. Effluent Irrigation System-Amendment 9 to Agreement, dated Nov. 27, 1984
between City of Winter Springs and Conklin, Porter & Holmes:
Terry Zaudtke, CPH, was present and explained this is for the plans and
specifications for Phase I of the irrigation system for the power easement through
the central part of the City, the pump station and storage and all the soils work
and investigation for DER.
Motion was made by Commissioner Kulbes to accept Amendment 9 to Agreement dated
Nov. 27, 1984 for the power line easement irrigation system, subject to the approval
of the City Attorney. Seconded by Commissioner Jacobs. Discussion. Vote on the
motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka,
aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried.
5. Hydropneumatic tank replacement at Water Plant No.2:
Manager Rozansky reported he wanted to bring to the attention of the City
Commission the fact that he is going out for bids for this tank replacement because
it is in very bad condition. The monies that will pay for this are in the Repair
and Replacement Fund.
Monthly reports have been distributed.
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Manager Rozansky reported he has given the Commission a
Industrial Waste Services regarding resource recovery.
review this and at the next meeting give some direction
Meeting.
letter he received from
He asked that the Commission
or possibly set a Workshop
In reference to the Arbor Ordinance, Mr. Artman has completed his changes, Manager
Rozansky has reviewed them and it has been sent to the City Attorney for review.
The ordinance will be on the Agenda for the next meeting.
Attorney Kruppenbacher reported he is going to send a letter to the Developer in
reference to the hearing on the 44 acres in Tuscawilla, that outlines the parameters
with a copy to the Homeowners representatives. While it is advertised at 7:30 p.m.
it will be opened and recessed until 8:00 p.m. and will end at 10:30 p.m. and will
continue thereafter at a time suitable and convenient to the City Commission. If it
is continued again it will start at 8:00 p.m. and end at 10:30 p.m.
The Developer will be requested to present anything and everything regarding what they
perceive to be the land use designation for that property; thereafter the Commission
will either defer the question or have their questions answered. Attorney Kruppenbacher
said he would prefer the Commission make notes of their questions and let the Developer
do all their talking before the Commission starts. Then turn it over to the public for
their input and/or questions. Those questions should be directed to the Commission or
the Attorney and then will be directed to the Developer. Then Attorney Kruppenbacher
said he will request an opportunity to have himself and Staff analyze everything that
has been presented to the Commission before this Commission is given guidance or
recommendations as to what action to take or not take.
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On the Oak Forest issue, Attorney Kruppenbacher said he would like to have the developer
of Oak Forest on the Agenda at the next meeting to answer those issues that have been
raised by that report.
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Commissioner Kaehler recommended hiring an environmental engineer on a consulting
basis for projects that come in that are in question. Attorney Kruppenbacher
suggested an ordinance be drafted to provide that a developer pay these costs
as part of the permitting process.
Commission Seat I - Cindy Kaehler:
Commissioner Kaehler asked the Attorney the status of the districting issue.
Attorney Kruppenbacher said he would bring back his report at the end of February.
Commissioner Kaehler also spoke about the dangerous intersection of S.R. 434 and
Tuscawilla Road in front of the Handyway Store. Every time it rains it creates a
dangerous situation and she asked if something could be done about it. Attorney
Kruppenbacher suggested sending a letter to the State and County regarding this
problem.
Commissioner Kaehler thanked the Public Works Department for their clean-up
work on S.R. 434.
Commission Seat II - Arthur Hoffmann:
Commissioner Hoffmann attended a meeting at the E.C.F.R.P.C. last week wherein
there was discussion regarding Orange County's invitation to three international
firms who have experience in magnetic levitation rail systems to make an offer to
build a rail system somewhere in the County.
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Commissioner Hoffmann spoke about the comments made at the Area Agency on Aging
meeting regarding the new catastrophic health bill which affects all the people
on health care. He said 40% of the people who are on medicare will be paying the
cost of 100% of the people who will be served. It is the first time a fee is
based on your ability to pay rather than the service rendered.
Commissioner Hoffmann spoke about the letter from the Leedy Corporation concerning
consideration for a financial advisor on the new bond issue. Commission was in
agreement to have the City Manager make a recommendation at the next meeting.
Commission Seat III - Philip A. Kulbes:
Commissioner Kulbes spoke about the phone calls he has received in reference to
people knocking on doors, saying they work for the City testing water. They run
the tap water into a little tube, they shake it, it looks black, then they say
this is the water you are drinking, and what they are trying to do is sell a
water softener system.
Commission Seat IV - William A. Jacobs:
No report.
Commission Seat V - Paul P. Partyka:
Commissioner Partyka asked for a report from Staff and the City Planner regarding
what they recommend in terms of zoning designations, land use plan, etc. The City
Planner, Miss Koch, suggested preparing a calendar of what the Commission will be
looking at and when throughout the year.
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Commissioner Partyka spoke about improving our sign ordinance. He also asked what
could be done with the "Piggly Wiggly" Shopping center area, and could the City buy
it and possibly lease it out. He said we have an eyesore there and it needs to be
fixed.
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Regular Meeting, City Commission, Jan. 23, 1989
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Mayor's Office:
Mayor Grove asked the Attorney to send something very strong, be it a letter or
resolution, to the Florida Dept. of Transportation regarding Wagner's Curve,
because too many people have died there.
Mayor Grove also reported that the petitions are in the lobby if anyone one
wants to sign them in reference to stopping mandates without funding.
Mr. Ferring, President of the Oak Forest Homeowners Association spoke about the
representation on the Commerce and Industry Board and that there should be some
representation from the citizens.
Moti Khemlani, President of Tuscawilla Homeowners Association, spoke about the
representation on the Commerce and Industry Board and he felt there should be
representation of the average citizen. Mayor Grove explained the Commerce and
Industry Board would not be recommending any rezonings, they would only be trying
to attract the right type of commercial and light industry in areas that are
appropriately zoned.
Meeting was adjourned 10:30 p.m.
Respectfully submitted,
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Approved:
Mary T. Norton,
City Clerk
,MAYOR
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