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HomeMy WebLinkAbout1989 02 13 City Commission Regular Minutes I caseo per ~tn,;uull '::O'O.UIUiJ 1I\.""""oa Stalutes CITY OF WINTER SPRINGS. FLORIDA I IslMary T Norton Mary T. Norton City Clerk \ LS-818(4s) Jan 22,1989 88-89-11 Amended . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS FEBRUARY 13, 1989 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 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 For the invocation Deputy Mayor Philip A. Kulbes asked for a moment of silent prayer. The Pledge of allegiance to the flag was led by Commissioner Arthur Hoffmann. Motion was made by Commissioner Kulbes ~o approve the minutes of January 23, 1989. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Public Comment: Rand Soellner, 639 Dolphin Road, spoke about his problem in obtaining an occupational license to do work in his home. Mr. Soellner's wife and neighbors, Max Taylor, Gail Parsons and Ron Burge, spoke for Mr. Soellner. . As this has been scheduled to go to the Code Enforcement Board, no action was taken by the City Commission. Helen Powell, Hacienda Village, thanked Glenn Whitsett and Jim Kennedy for their assistance with the Senior Citizen's rummage sale. Planning & Zoning Board Recommendation of Jan. 25, 1989: 1. Preliminary/Final Engineering-Excelsior Business Park: Don LeBlanc, Land Development Coordinator, explained this project is a three acres with six individual lots that will be platted at a later date. representative for the project, was present. little over Mr.Munizzi, Motion was made by Commissioner Kulbes that the preliminary/Final Engineering for Excelsior Business Park be approved and that he complies with the letter from the City Engineer specifically with the $300 for the As-Built inspection fees. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . Planning & Zoning Board Recommendation of Feb. 8, 1989: 1. Assignment of Commercial Land Use Designation and C-l Zoning to property being annexed by Alejandro and Ramonita Baez-Lot 5, Tuskawilla, PB 1, Pg. 5: The City Planner, Jacqueline Koch, explained the Planning and Zoning Board reviewed the request for commercial land use classification and C-l zoning and they recommend approval. The County zoning in that area is multi-family, and the consensus of the Commission was to go with the multi-family. An ordinance with that land use classification will be prepared for the next meeting. . Regular Meeting, City Commission, Feb. 13, 1989 Page 2 88-89-11 First Reading of Ord. No. 450, annexing Lot 5 of Tuskawilla, D.R. Mitchell Survey, P.B.l, Pg. 5 - one acre southwest of intersection of S.R. 434 and Tuscawilla Road: Motion was made by Commissioner Kaehler to read Ord. No. 450 by title only on first reading. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. Attorney Kruppenbacher read Ord. No. 450 by title only on first reading. Proposed Ordinance requesting vacation of alley for Storage World: Motion was made by Commissioner Kulbes to read Ordinance No. 452 by title only on first reading. Seconded by Commissioner Jacobs for discussion. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Attorney Kruppenbacher read Ord. No. 452 by title only on first reading. Developer's Agreement for 434 Partnership: Attorney Kruppenbacher explained this proposed agreement is the final product of a number of discussions involving Staff, the Developer and himself and is for the Commission's review and approval. . Commissioner Partyka wanted to go on the record as opposing a Trotwood connection. Commissioner Kaehler said it was her understanding there was not going to be a full connection, only if it was found that for police and fire protection, an emergency connection would be made. Commissioner Kaehler said she did not vote on a full connection for Trotwood. No. 1 was to be deleted from the agreement, and Mr. Keen agreed to that change. Commissioner Kaehler said what she would like to see - if the developer had to connect Trotwood, it would cost a certain amount of dollars to build a full road with breakaway gates. If the Commission decides that that is not the direction they wish to go and they wish to go with a single lane with breakaway gates, whatever it would have cost the developer to build the entire road, the portion that you are taking away will be used so that a full connection can be made down on the south end of the property. Commissioner Kaehler said we are not asking the developer to spend any more money, but we want whatever it would have cost to build the full connection, if we can't find an alternative, that money to be going to the south. Mr. Keene was in agreement. Motion was made by Commissioner Jacobs that we authorize the Mayor to sign the Developer's commitment agreement as amended. Seconded by Commissioner Kulbes. Discussion. (The Agreement was amended as follows: five lines up from the bottom, parenthesis (1) a full connection is deleted; the next parenthesis is changed to a number (1); in the new (1) delete the word emergency; go down three lines to where there is a (3) and change to number (2); on top of Page 4, the first sentence changed to read: In the event that neither option is selected by the City, etc. . Paragraph (i) parenthesis (1) should be deleted; parenthesis (2) should be changed to (1) the word emergency should be deleted (in the new (1)) and parenthesis (3) should be changed to (2). Those are the amendments and subject to the comments of Commissioner Kaehler and the Developer.) Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. . . . Regular Meeting, City Commission, Feb. 13, 1989 Page 3 88-89-11 City Attorney Kruppenbacher is to prepare a revised Agreement. City Manager Richard Rozansky: Bids for Hydropneumatic Tank Replacement: Motion was made by Commissioner Kulbes that we award the contract for the hydro- pneumatic tank to Florida Environmental Utility Construction Company as recommended by our Engineering Firm in the amount of $32,000.00. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Recommendation for financial advisor: Manager Rozansky is to talk to Attorney Lang to find out whether the City would benefit by having a financial advisor, and just what those benefits would be. Appointment of Auditor for FY 1989: Motion was made by Commissioner Jacobs to extend the appointment of Kane & Associates for one more year. 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. Appointment of Trustees for Pension Plan: Motion was made by Commissioner Partyka to keep the same Trustees to handle the Pension Plan. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried. First Reading of Ord. No. 451, providing for new Sec. 14-10 through 14-22 of Art. 1.5 Tree Preservation, etc.: Motion was made by Commissioner Hoffmann to read Ord. No. 451 by title only on first reading. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, absent; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Attorney Kruppenbacher read Ord. No. 451 by title only on first reading. Manager Rozansky said we would like to make application for Tree City USA. Gil Artman, Public Works Director and Mike Martin, Division of Forestry, were present to speak about the Tree City application. Mayor Grove is to issue a proclamation declaring Winter Springs Arbor Day. Senior Center: Manager Rozansky reported that Mr. Soellner sent a letter with a revised drawing. The Staff and Commissioner Kulbes have reviewed it and m~de some comments. They are to sit down this week with Mr. Soellner and discuss these modifications. Reports: Manager Rozansky reported the recreation lands have been reviewed and he said they are all good parcels. He is hoping by the end of the month some decision can be made. He recommended the Commission go look at the different parcels. .Regular Meeting, City Commission, Feb. 13, 1989 Page 4 Amended 88-89-11 ~ Attorney Kruppenbacher said he has written a letter to the Attorney General and Secretary of Transportation regarding Wagner's Curve; Attorney Kruppenbacher said he was contacted by the attorney for Indian Ridge regarding the amount due on the Moss Road assessment and Commission was in agreement that the entire amount due be paid by Indian Ridge. Attorney Kruppenbacher said he would like to research whether or not the City can foreclose on those Moss Road properties that are not paying their assessments. Attorney Kruppenbacher spoke about a proposed resolution on the Joyce property. He said we would take the current appeal that is in Circuit Court in Seminole County and hold that in abeyance, no action would be taken by either side. The property owners would be permitted to go to our Planning & Zoning Board and request what they believe to be the applicable zoning. Then the Planning & Zoning Board recommenda- tion would come to the City Commission. Everything relative to the appeal of the zoning would be held in abeyance until the Commission made a final decision. Regardless of the decision of the Commission, the appeal would be removed or rescinded by the appellate. No further appeal would be made if this Commission were to turn them down again on the zoning. The concensus of the Commission was to go with the recommendation of the City Attorney. Attorney Kruppenbacher reported that on Wednesday there will be oral arguments on the case involving the County impact fees in Daytona Beach before the 5th District Court of Appeals. ~ Commission Seat I - Cindy Kaehler: Commissioner Kaehler reported that people want to be able to fish at the Fruitwood Park and there is no access. Mr. Artman said he would clear a path for them. Commissioner Kaehler asked if "No Littering" signs could be placed on Murphy at the City limit, and what the fine would be because people are dumping garbage all along that area. Commissioner Kaehler asked the City Attorney the status of the ordinance to keep development from being put into power easements. Attorney Kruppenbacher said he would have it for the next meeting. Commissioner Kaehler asked if a letter had been written on the flooding problem at Tuscawilla and S.R. 434. City Manager said he would write a letter. Commissioner Kaehler asked to have another Teen dance. She is to get a date from the architect, and then come back to the Commission. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann spoke about the report from the Expressway Authority. He said next month they will find out where the money is going to come from for the next construction, and if there is no money there won't be any construction. Commissioner Hoffmann asked about the Industrial Waste Services Resource Recovery program. Commissioner Kulbes who is the Co-Chairman of the task force for the County to implement a City ordinance and/or interlocal agreement to meet the July 1989 re- eycling, said they will be having a meeting on Wednesday, and he will report back to the Commission at the next meeting. ~ Commissioner Hoffmann asked the Attorney about the Planning & Zoning Board recommenda- tions of Oct. 26 and Attorney Kruppenbacher said he will make some recommendations at the next meeting. . . . Regular Meeting, City Commission, Feb. 13, 1989 Page 4 88-89-11 Attorney Kruppenbacher said he has written a letter to the Attorney General and Secretary of Transportation regarding Wagner's Curve; Attorney Kruppenbacher said he was contacted by the attorney for Indian Ridge regarding the amount due on the Moss Road assessment and Commission was in agreement that the entire amount due be paid by Indian Ridge. Attorney Kruppenbacher said he would like to research whether or not the City can foreclose on those Moss Road properties that are not paying their assessments. Attorney Kruppenbacher spoke about a proposed resolution on the Joyce property. He said we would take the current appeal that is in Circuit Court in Seminole County and hold that in abeyance, no action would be taken by either side. The property owners would be permitted to go to our Planning & Zoning Board and request what they believe to be the applicable zoning. Then the Planning & Zoning Board recommendation would come to the City Commission. Everything would be held in abeyance until the Commission made a final decision. The concensus of the Commission was to go with the recommendation of the City Attorney. Attorney Kruppenbacher reported that on Wednesday there will be oral arguments on the case involving the County impact fees in Daytona Beach before the 5th District Court of Appeals. Commission Seat I - Cindy Kaehler: Commissioner Kaehler reported that people want to be able to fish at the Fruitwood Park and there is no access. Mr. Artman said he would clear a path for them. Commissioner Kaehler asked if "No Littering" signs could be placed on Murphy at the City limit, and what the fine would be because people are dumping garbage all along that area. Commissioner Kaehler asked the City Attorney the status of the ordinance to keep development from being put into power easements. Attorney Kruppenbacher said he would have it for the next meeting. Commissioner Kaehler asked if a letter had been written on the flooding problem at Tuscawilla and S.R. 434. City Manager said he would write a letter. Commissioner Kaehler asked to have another Teen dance. She is to get a date from the architect, and then come back to the Commission. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann spoke about the report from the Expressway Authority. He said next month they will find out where the money is going to come from for the next construction, and if there is no money there won't be any construction. Commissioner Hoffmann asked about the Industrial Waste Services Resource Recovery program. Commissioner Kulbes who is the Co-Chairman of the task force for the County to implement a City ordinance and/or interlocal agreement to meet the July 1989 re- cycling, said they will be having a meeting on Wednesday, and he will report back to the Commission at the next meeting. Commissioner Hoffmann asked the Attorney about the Planning & Zoning Board recommenda- tions of Oct. 26 and Attorney Kruppenbacher said he will make some recommendations at the next meeting. Page 5 88-89-11 Commission Seat IV - William A. Jacobs: No report. Commission Seat V - Paul P. Partyka: Commissioner Partyka spoke about vested rights and the ability to rezone. He explained that rezoning is the right of the governing body and can be enacted for furthering the public's health, welfare and safety. Vested rights issue protects the owner. If the owner is found to have vested rights, then if the property is rezoned the governing body may have to pay some restitution. Motion was made by Commissioner Partyka the issue of rezoning be placed on the Agenda. 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. . Motion was made by Commissioner Partyka for the Staff and the Planning and Zoning Board to get together for the purpose of specifically reviewing the Tuscawilla Planned Unit Development zoning and whether it would be better to make it residential R-1AAA and/or reviewing all land use designations in the Planned Unit Development or having any other issues associated with the properties that are in the interests of the public resolved. I would like to have this study back to the Commission within one month, and the reason I picked a month is I estimate this would be about the time that the vested rights issue should also be determined. My purpose for this is to prevent any further delays and anticipate speeding up the whole process of rezoning review for the Tuscawilla Planned Unit Development. Seconded by Commissioner Kaehler. Discussion. Motion was amended by Commissioner Partyka to have the study back to the Commission as soon as possible. Seconded by Commissioner Kaehler. Discussion. Vote on the motion as amended: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Commissioner Partyka asked the status of a new sign ordinance; Manager Rozansky will give copies of a Lake Mary ordinance to all the Commission. Mayor's Office: Mayor Grove congratulated the City Manager on the birth of his grandson. Meeting was adjourned 9:55 p. m. Respectfully submitted, Approved: ~r:~ Mary T. Norton, City Clerk . ~ ~.LYOR LE NE M. GROVE ;'