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HomeMy WebLinkAbout1990 03 26 City Commission Regular Minutes , 89-90-12 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 26, 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.. ROLL CALL: Mayor Leanne M. Grove, Present Deputy Mayor Cindy Kaehler, Present City Manager Richard Rozansky, Present City Attorney Frank Kruppenbacher, Present Attorney Clay Parker, Present Commissioners: Arthur Hoffmann, Present Philip Kulbes, Present William A. Jacobs, Present Paul P. Partyka, Present Commissioner Partyka led the Commission in silent prayer. Pledge of Allegiance to the Flag was led by Attorney Clay Parker. Commissioner Kulbes made a motion to approve the minutes of the March 12, 1990 Meeting. Commissioner Hoffmann seconded the motion. Discussion. Commissioner Partyka noted that on page 4 of the minutes, 4th paragraph down, the last line, where it states "what you need to do to straighten it up", the word straighten should be strengthen. Commissioner Kulbes amended his motion to reflect the change. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulb~s, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye. Motion carried. . Public Comment: Mr. John Ferring, 1182 Baltic Lane, spoke of the high earnings of American Television and Communication, and said he didn't see how they could justify the rate increases they've been charging the subscribers. He said he hopes someone can look into this. Discussion. Mr. Ferring asked about the status of the Orange Shopper. Attorney Kruppenbacher said we should start citing the Orange Shopper for the violations. General Agenda: Mr. Lewis Rotundo spoke for James Fowler who was not able to attend the Meeting, on behalf of the Central Florida Commuter Rail Authority. He said that the purpose of this Authority is to create an action agency to implement commuter rail service in the Central Florida area. The Legislature passed this statute. He said they would like Winter Springs to participate in this. Discussion. The concensus of the Board was not to participate at the present time. Mr. Rotundo said the next meeting of the Board of the Authority is next Wednesday at 10:00 at the Seminole County Administration Building. He recommended members of the Commission come to the meeting. Public Hearing and Second Readings of Ordinances 465, 466, 467 and 481: Commissioner Kulbes made a motion to read all four Ordinances by title Only. Commissioner Kaehler seconded the motion. Attorney Kruppenbacher proposed that he read all the way through the Resolutions (E on the Agenda). Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Hoffmann, aye; Commissioner Kaehler, aye. Motion carried. Attorney Kruppenbacher read Ordinances 465, 466, 467, 481, 482, and Resolutions 634 and 635 by title only. . Mayor Grove opened the Public Hearing on Ordinances 465, 466, 467 and 481. Commissioner Hoffmann said that on Ordinance 465, rear yard setbacks don't include properties which include trailer homes, Sec. 20-296, or trailer parks, Sec. 20-318, and there is nothing specifically on the PUD except in general terms. He said those need to be added to . Regular Meeting, City Commission, March 26, 1990 Page 2 89-90-12 make the Ordinance complete. Mayor Grove closed the Public Hearing and reconvened the Commission Meeting. Commissioner Kulbes made a motion to table Ordinance 465 until the Attorney has had an opportunity to add the sections that Mr. Hoffmann is talking about. Commissioner Partyka seconded the motion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, no; Commissioner Hoffmann, aye; Commissioner Kulbes, aye. Motion carried. Attorney Kruppenbacher said that as no one has left the room, we don't have to pay for the readvertisement. It will be tabled to the next Regular Meeting. Commissioner Kulbes made a motion that we adopt Ordinance 466 as presented by the City Attorney. Commissioner Jacobs seconded the motion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye. Motion carried. Commissioner Kaehler made a Kulbes seconded the motion. Hoffmann, aye; Commissioner aye. Motion carried. motion for the adoption of Ordinance 467. Commissioner Vote on the motion: Commissioner Kaehler, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, . Commissioner Kaehler made a motion for the adoption of Ordinance 481. Commissioner Hoffmann seconded the motion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye. Motion carried. First Reading of Ordinance 482: Don LeBlanc, Land Development Coordinator, asked John Russell of Blount Sikes and Associates to explain Ordinance 482. Mr. Russell explained that they propose to abandon the existing easement and simultaneously record a new easement that would accommodate the existing inlet. Discussion. Commissioner Jacobs made a motion to adopt Ord. 482. Discussion. Mayor Grove asked for a concensus. Commissioner Partyka said he would like to see a relocation of the easement. Commissioner Jacobs said the staff has handled it and it is alright. Commissioner Kulbes said the staff has handled it and it is okay. Commissioner Hoffmann suggested taking another look at it. Attorney Kruppenbacher suggested a motion to table it, redo it, and bring it back for a First Reading. Commissioner Kulbes made a motion to table Ordinance 482. Commissioner Jacobs seconded the motion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye. Commissioner Kaehler, aye. Motion carried. Resolution No. 634: Don LeBlanc showed the property on the map. He asked for it to be abandoned because the title company found the easement. He said he believes it is a title clearing question. Discussion. Commissioner Kulbes made a motion that Resolution 634 be adopted as submitted. Commissioner Partyka seconded the motion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye. Motion carried. . Resolution No. 635: Don LeBlanc said that Walt Dittmer had requested, he believes, in 1986, that the terminus of Wildwood Drive be vacated. Attorney Kruppenbacher said this was previously approved. He said this document is needed to place in the public records. Commissioner Kulbes made a motion to adopt Res. 635. Commissioner Hoffmann seconded the motion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye, Commissioner Kulbes, aye. Motion carried. Regular Meeting, City Commission, March 26, 1990 Page 3 89-90-12 ~ Parcel 51 - Approval of Final Engineering: Don LeBlanc, Land Development Coordinator, said Parcel 51 is along Winter Springs Boulevard, west of the golf course, and the Land Use designation is condominium. Discussion. Glenn Childs, Wildcat Court, said he was not aware that this had been approved. Attorney Kruppenbacher assured him that there is no other project that is in any stage of development. Mrs. Raye Lawrence, Troon Trace, asked the size of the condominiums and if they were to be bought or rented. Attorney Kruppenbacher said they meet the standards of the City Code for condominiums. They were told they could lease them, but not for less than 6 months. Motion was made by Commissioner Kulbes that we approve the final engineering for Parcel 51 subject to the comments made by all the Staff members, and assured that they will be complied with prior to any certificate of occupancy being issued. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Partyka, no; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Grove Counseling Center request for Temporary Installation of a Modular Building: Don LeBlanc, Land Development Coordinator, said it was agreed that the 10,000 gallon water supply would be a condition for any approval. Connie Kinsel, Administrative Services Director for the Grove, represented Larry Visser, Executive Director. She said they are now proposing to put a mobile unit there. She said the plans for the 12 bed dormitory will be ready for submittal to the City within the next few months. ~ Motion was made by Commissioner Jacobs to approve the request provided they follow the Fire Marshall's recommendation of a drafting tank. Commissioner Partyka seconded the motion. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. City Manager Richard Rozansky: Fiscal year 1989-90 Auditor Agreement: Manager Director, met with the Auditors on March 21st. cap of $26,000. He recommended we accept it. Rozansky said he and Harry Martin, Finance They proposed doing the audit with a Motion was made by Commissioner Jacobs to approve the agreement with Coopers and Lybrand. 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. Recreational Facility-Interview Results: Manager Rozansky reported that Glatting Lopez Kercher and Anglin came out ahead. He said that with the concurrence of the Commission, he will meet with them in the next two weeks, negotiate an agreement and scope of work, and bring back for Commission approval. Senior Center Progress Report: Manager Rozansky said he met with the architect, Mr. Steve Krone and displayed a drawing of the proposed building, location as well as an elevation rendering. Manager ~ . Regular Meeting, City Commission, March 26, 1990 Page 4 89-90-12 Rozansky asked for Commission approval of the site and elevation and noted if approved, he would go on and complete the project without returning to Commission. Manager Rozansky asked for the consensus. Commissioner Partyka said yes; Commissioner Jacobs, yes; Commissioner Kulbes recommended moving the building to the left; Commissioner Hoffmann recommended moving it back and then if it does not work out with the architect, move it back again; Commissioner Kaehler said to leave it where it is. Discussion. It was agreed that Manager Rozansky can go ahead with the project as recommended. Bid Recommendations for Breathing Apparatus: Fire Chief Holzman recommended accepting the bid from Safety Equipment Company for $8,897. Commissioner Kulbes made a motion to authorize the expenditure of $8,897 for breathing apparatus to the Safety Equipment Company. Commissioner Partyka seconded the motion. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Fire Station No. 1 Roof repair/Renovation Proposals: Manager Rozansky said the Briggs Company was chosen at a cost of $6,900. He recommended the approval of the Briggs offer subject to legal review by the City Attorney. Motion was made by Commissioner Kulbes to authorize Briggs Company to prepare plans to specifications and bid openings of Items 1-12 in their letter for $6,900. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. . Resolution for State Road 419 Wagner's Curve Improvement: Manager Rozansky said he has not finished the resolution. He said he would have it for the next meeting. Seminole County "Two Clerk" Ordinance: Manager Rozansky said the letter, directed to the Mayor, said that municipal ordinances shall prevail over county ordinances to the extent of any conflict. If your city has not an active ordinance relating to late night business, the County ordinance will be applicable in your city. The effective date is May 14, 1990. Discussion. The City Attorney said that any time the City passes an ordinance, it will preempt a County ordinance. It was agreed generally, to go along with the County ordinance and enforce it with the City Attorney looking into it. Manager Rozansky informed the Commission that he approved the HBA Parade of Homes sign locations due to late submittal by the developers and the fact that the Commission routinely approves same each year. The Commission had no objections to the City Manager approving the signs. Commission Seat III - Philip Kulbes: Commissioner Kulbes said that the Census Reports have CAsselberry as the City for Winter Springs residents. He suggested scratching out Casselberry, putting Winter Springs beneath it, and put a note on it saying "change of City". . Commissioner Kulbes said he has been asked if we were going to encourage citizens to band together and build some of the equipment for the park such as slides, swings, etc. The Winter Springs Civic Association is going to write a letter to the City Manager . Regular Meeting, City Commission, March 26, 1990 Page 5 89-90-12 asking his permission to contribute. If anyone else wants to contribute, they can contact the Winter Springs Civic Association or send their own letter from the Homeowners Association. Commissioner Kulbes asked about the golf course. He has received two letters from the owner of the golf course. He said he would like to find out by the first week in April whether we can continue negotiating with Mr. Wood to buy the course or drop it. Commissioner Partyka said that the net return on the investment would be roughly $43,000 per year. The City Manager said he would get with Mr. Wood, Harry Martin and Gary Akers and go over the financial statements. Discussion. Attorney Clay Parker said that Attorney Kruppenbacher would like to set up a Workshop for next Monday on the utility acquisition to inform the Commission of what is going on with the acquisition. Mayor Grove said she would set it up. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked about the letter from Gulfstream. Leonard Kozlov, City Engineer, stated that the Land Development Code incorporated the requirement for dry bottom ponds. The developer would have to go before the Board of Adjustment if he wanted a wet bottom pond. . Commission Seat V - Paul P. Partyka: Commissioner Partyka said he has a number of volunteers for the Commerce and Industry Development Board, and he will decide on one within the next couple of weeks. Commissioner Partyka said he feels that we have to set some design standards for the section of S.R. 419 down State Road 434 to Oviedo. He suggested having a Workshop to review those standards. Discussion. It was decided to possibly have a Workshop to discuss this in the future. Commission Seat I - Cindy Kaehler: Commissioner Kaehler had no report. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann asked about autos on City right-of-ways with 'for sale' signs on them. He asked if citations can be issued on the spot, or if we have to go through the Code Enforcement Board. Commissioner Hoffmann mentioned the Hobby Shop on S.R. 434 which has a tail of a plane sticking in the front. He asked what we can do to change that type of architecture. Mayor's Office: Mayor Grove had no report. Meeting was adjourned at 11:15 p.m. Respectfully submitted, . ~. ~~,(\\~b~ Caroline McGinley, City Clerk's Office Approved: ,MAYOR LEANNE M. GROVE