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HomeMy WebLinkAbout1990 03 12 City Commission Regular Minutes . . . 89-90-11 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 12, 1990 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. Ro 11 Call: Mayor Leanne M. Grove, present Deputy Mayor Cindy Kaehler, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Arthur Hoffmann, present Philip A. Kulbes, present William A. Jacobs, present Paul P. Partyka, present Also Present: Judge Claude Edwards Motion was made by Commissioner Kulbes to approve the minutes of Feb. 26, 1990. Seconded by Commissioner Partyka. Discussion. Motion was made to amend the motion to include an amendment on Page 3, paragraph 3, "Motion was made by Commissioner Jacobs" (instead of Commissioner Partyka), by Commissioner Kulbes, seconded by Commissioner Partyka. Discussion. Vote on the motion as amended: Commissioner partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Mayor Grove presented Captain Charles Sexton with a service award for 15 years of service to the City of Winter Springs. Public Comment: Helen Powell, Hacienda Village, asked if a cement wall could be constructed to buffer Hacienda Village from the Lawn Mower Shop by the Cumberland Farms Store on S. R. 434. Mrs. Powell also spoke about the high cost of cable to residents in the City as compared to the cost in Orange County. General Agenda: The Senior Center-Design Criteria Professional-Contract was moved up on the Agenda as the next item. Manager Rozansky explained at the last Commission Meeting the contract was discussed. He met with the Scott Companies to bring the contract in line with what the Commission wanted. Motion was made by Commissioner Kulbes that the Standard Form Agreement between Owner & Architect for the Senior Center be approved as submitted by the City Manager. 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. Manager Rozansky reported he will execute the contract tomorrow morning and meet with the Architect. ~ Regular Meeting, City Commission, March 12, 1990 Mayor Grove called a recess at 7:40 p.m. and called the meeting back to order at 7:45 p.m. Mayor Grove said as this is a continuation of the mediation hearing that was held several weeks ago, she has asked Judge Edwards who was the mediator at that session, to continue the mediation hearing this evening. General discussion and comments will be limited to five minutes per person. At this time Mayor Grove turned the meeting over to the City Attorney, Frank Kruppenbacher. Attorney Kruppenbacher introduced Judge Claude Edwards who is retired after some twenty plus years as Circuit Judge in Orange County, Florida. Page 2 89-90-11 Mayor Grove then recessed the Commission Meeting and opened the public hearing, and turned the meeting over to Judge Edwards. Judge Edwards then asked the City Attorney to explain some of the changes that were made from the existing zoning. Attorney Kruppenbacher explained the changes as follows: the "Food Lion" commercial property would be changed to be single family residences, at 5 units per acre. There would be no commercial in there but for the existing commercial enterprises. On the commercial property, Tract D, that would be changed from commercial to single family residences at four units per acre. Tract E also would be changed to single family residences, four units per acre. In that area the developer has agreed to deed to the City a strip of land through there that the City could utilize to block ingress and egress into the subdivision from the massive development that may go on in Oviedo (Duda project). ~ On S.R. 434 Parcel 80 is presently zoned for apartments, will be as follows: on the 72.4 acres would be multi-family at 1448 units; on the 97.6 acre parcel would be 390 single family units to abut the single family property that exists; all the commercial property would be subject to the City's passing a taxing ordinance on that property for the beautification of S.R. 434 that would enable the City, with some planning, to come up with some thing that looks like Boca Raton. Funds would be used from that commercial property to beautify the roadway. Attorney Kruppenbacher discussed Tuscora Road and Vistawilla Drive and the Lake Jesup property. Attorney David Brown, representing the Developer then spoke. Judge Edwards asked if anyone from the audience would like to speak and the following persons spoke: Beverly Fickling, Brown Bear Court, Moti Khemlani, president of the Tuscawilla Homeowners' Association, Tom Brown, Adidas Road, Gene Dorman, Northern Way, Ray Laub, Blue Spruce Court, Harold McBirney, Northern Way, Glenn Childs, Wildcat Court and Rae Lawrence, Troon Trace, Charles Princiotta, Braewick Street and Moti Khemlani gave a summary. Judge Edwards said this terminates the mediation hearing and he returned the gavel to Mayor Grove. Mayor Grove then closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Partyka to require Staff to take the necessary steps to follow the legal process in implementing this plan. Seconded by Commissioner Hoffmann. Discussion. 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, March 12, 1990 Page 3 89-90-11 Mayor Grove called for a recess at 9:15 p. m. and called the meeting back to order at 9:25 p.m. Public Hearing for Ord. No. 480, by the adoption of Art. VIII, Chap. 9, Sec. 9-386, "Impact Fees", etc. Second Reading: Motion was made by Commissioner Kulbes to read Ordinance No. 480 by title only on second reading. 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. Manager Rozansky read Ord. No. 480 by title only on second reading. Mayor Grove recessed the Commission meeting and opened the public hearing. Mr. Buck Adkins, a builder in Tuscawilla spoke for the ordinance. Mr. John Ferring, Baltic Lane, asked when the police and fire impact fee ordinances would come about. No one spoke against the ordinance. Mayor Grove closed the public hearing and re- convened the Commission Meeting. Motion was made by Commissioner Kaehler for adoption of Ord. No. 480. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. . Lot Split Request -Ray Fenoff, 241 Bahama Road (Lot 1, Block A, North Orlando Ranches Sec. 1): The Land Development Coordinator, Don LeBlanc, explained the property meets all zoning requirements. The city Engineer has inspected the property and it is buildable. Motion was made by Commissioner Jacobs that we grant the lot split as presented. 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. Resolution No. 633, providing for the division of an originally platted lot, etc. (Lot 1, Block A, N. Orl. Ranches Sec. 1): Attorney Kruppenbacher read Resolution No. 633 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 633. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. . Carrington Woods Unit II-Acceptance of infrastructure (less water and sewer) and stormwater management system for City maintenance: Motion was made by Commissioner Kulbes that we accept the agreement to accept the infrastructure less water and sewer for Carrington Woods Unit II, subject to the legal easements necessary for the development of the property in accordance with the City's approved site plan that they be tendered and received by the City Attorney and subject to the City Attorney's approval legally that they are there and they are appropriate. 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. . . . Regular Meeting, City Commission, March 12, 1990 AMENDED 89-90-11 Page 4 Limiting Campaign Signs: Commissioner Kaehler said we have a strict sign ordinance in effect; we should govern ourselves accordingly and we should police ourselves. She said one of the reasons that we did not allow signs in the right of way was because the Police Department said they were a hazard. Attorney Kruppenbacher said from a legal standpoint the only potential signs you can deal with are those in the right-of-way. He said he would like to report back whether there are any reported cases against public entities due to signs in the right-of-ways. Cindy Gennell, Wildwood and John Ferring, Baltic Lane, both spoke in discussion, and spoke for limiting campaign signs. The consensus of the Commission was not in favor of pursuing this issue further. Attorney Kruppenbacher said he would report back on the issue of the ability to enforce it and report back on whether or ngt thfhordinance gives you any benefits; if it does not, what you need to do to ~~~it up as it relates to enforcement. City Manager Richard Rozansky: Bids-articulated asphalt roller: Manager Rozansky reported on Feb. 22nd two bids were received. One bid was from Rental Center of Orlando in the amount of $4,747.60 and trailer, $2,190, total $6,937.60. The second bid was from Atlas Equipment in the amount of $5,253.50 and trailer, $1,450, total $6,703.50. Public Works Director recommended the 12 hp engine be upgraded to 14 hp for an additional $267.00 for a total bid of $7,204.60 from the Rental Center. Motion was made that we purchase the roller from Rental Center of Orlando in the amount of $7,204.60 by Commissioner Kulbes. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Manager Rozansky reported that Industrial Waste Services is asking for a Workshop to discuss their request for a rate increase. Mayor Grove called a Workshop meeting for April 16th, 7:00 p.m. Manager Rozansky reported that I.W.S. would put a bin at both Fire Stations for waste paper. Manager Rozansky reported that Coopers & Lybrand were rated number one by the Commission. Commission was in agreement to have the City Manager negotiate with them and come back at the next meeting with a report. Manager Rozansky reported he is going to change the bid for the trucks for Winter Springs Water & Sewer from Don Reid Ford to Heintzelman because we can get the same trucks cheaper. Commission Seat II - Arthur Hoffmann: Motion was made by Commissioner Hoffmann to put on the Agenda consideration of an ordinance as they have in other communities and the County regarding stores which stay open after 11:00 p.m. to 7:00 a.m. and have only one employee and similar to ~ . Regular Meeting, City Commission, March 12, 1990 Page 5 89-90-11 the other ordinances requiring two employees. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Motion was made by Commissioner Hoffmann to direct the Attorney to look into it and corne up with a similar ordinance for our consideration. Seconded by Commissioner Kulbes. Discussion. Motion was amended to direct Staff to provide the information for us to hold a Workshop or something equivalent, by Commissioner Hoffmann. Seconded by Commissioner Kulbes. Discussion. Vote on the amended motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. This item will be discussed at the Workshop Meeting on April 16th following discussion on the Industrial Waste Services rate increase request. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes spoke about the rumor that we are not going to build the senior center. He also spoke about an irate citizen who had had his water turned off. Commissioner Kulbes asked the City Manager and Doug Taylor to get together and look at the procedures for turning off water and corne up with some kind of solution. . Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked the status of Seminole Utilities. Attorney Kruppenbacher answered that at a meeting last Wednesday all the major issues were resolved and agreed to subject to confirmation in the written documents; basically we either have this completed by April 15th, or there will be no acquisition. Commission Seat V - Paul P. Partyka: Commissioner Partyka spoke about the Florida League of Cities request for City innovations. Commission Seat I - Cindy Kaehler: No report. Mayor's Office: Mayor Grove reported she has received a letter from Congressman McCollum reference to a response from the U.S.Postal Service, that the Tampa Division has notified us that the signage for the post office in Winter Springs will be modified to eliminate all references to Casselberry. Commissioner Partyka thanked everyone for their support in the Tuscawilla issue. Meeting was adjourned at 11:00 p.m. Respectfully submitted, ~ ~, M~~~ Mary T. Norton, City Clerk . Approved: LEANNE M. GROVE