Loading...
HomeMy WebLinkAbout1990 07 23 City Commission Regular Minutes 89-90-19 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JULY 23, 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 Commissioners: Arthur Hoffmann, present Philip A. Kulbes, present William A. Jacobs, present Paul P. Partyka, present For the invocation Commissioner Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by Commissioner Partyka. Motion was made by Commissioner Partyka to approve the minutes of July 9, 1990. 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. Public Comment: Edward Obey, Birch Terrace, spoke about his large water bills. . Glenn Childs, Wildcat Court, spoke in reference to the vacation of the easement requested by Vernon Pitt. He asked that any future variance for this property be disallowed. Mitzy Johnson, Orlando, spoke for the variance for Mr. Vernon Pitt. Richard Coniff, Royal Oak Drive, discussed the objection to the proposed wooden fence to be erected between the new development of Chestnut Ridge and Fairway Oaks. He said they were quite clear that they did not favor the wooden fence and proposed a hedge or a brick wall. He said one thing becomes obvious, anything other than the brick wall will require rather extensive maintenance. Peggy Baker, Tuscora Drive, objected to the requested variance of Mr. Vernon Pitt. General Agenda Public Hearing and Second Reading of Ord. No. 493, providing for the adoption and approval of a Backflow Prevention and Cross-Connection Control Program, etc.: Attorney Kruppenbacher read Ord. No. 493 by title only on second reading. Mayor Grove recessed the Commission Meeting and opened the public hearing. No one spoke for or against the Ordinance. Mayor Grove closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kulbes for adoption of Ord. No. 493 on second reading. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. . . Regular Meeting, City Commission, July 23, 1990 Page 2 89-90-19 Continued Review/Approval of Settlement Agreement COrd. No. 489) - Tabled July 9th: Attorney Kruppenbacher distributed copies of the revised settlement agreement which incorporated the language revisions previously discussed. The real issue is regard- ing Exhibit B, Permitted Commercial Uses. Attorney David Brown, representing the Developer, was also present. Commissioner Hoffmann had several objections: Item D, Alcoholic Beverages; Commissioner Hoffmann asked that be allowed only with a full service restaurant when meals are being served, and not alone. Commissioner Hoffmann asked that for bowling alleys, convenience stores, and skating rinks that they be 250 feet from any residences; he said "if we're going to upscale that area we need to eliminate some of these high profile fast food restaurants; new car dealerships, boat sales and recreational vehicles - would like to see those eliminated from this type of commercial area; and mini warehouses and storage have to do with C-2, which I think is inappropriate." Commissioner Partyka said the proper buffering is the critical issue, buffering residential units from a noise factor. He spoke against laundromats. Commissioner Kaehler spoke in reference to the C-2 zoning; she spoke for the 250 foot buffer for skating rinks and bowling alleys; and for the mini-warehouses, they be located in the triangular piece of property; and for pest controls and exterminating services, they not be located next to residential, and she voiced concern about car lots. . Attorney Kruppenbacher and Attorney Brown conferred about these concerns. Park Development Update-Mr. David Barth: Mr. Barth distributed copies of the schedule. He said the project was started on May 24th and the site analysis has been completed. The program development has taken most of the time, trying to figure out the best uses for the park. The telephone survey has been done and two public meetings have been held. The telephone survey has been completed and that is being compiled, and that should be forwarded to Mr. Barth this week, and he will forward to us. Commissioner Jacobs asked if it would be possible to have the ballfields in by February, and Mr. Barth answered with the schedule as outlined here they would not be built by February. He explained they could be built out of sequence, forget the master plan,and determine where the ballfields are to go. He said the process of developing a set of construction drawings, permitting, working with D.O.T. to get the turn lanes, driveway permits, stormwater management permits, and sewer and water and all the other things, if you started right now, it would be difficult getting ballfields built by Feb. 1. Mr. Barth said he will come to the Commission as soon as he has the information from the survey that is representative of what the citizens want. That will be submitted for the Commission's approval, then he will proceed with concepts for development. He said they would speed it up as quickly as they could. Mr. Barth had five copies of the site report to give to Manager Rozansky for review. . . . . Regular Meeting, City Commission, July 23, 1990 Page 3 89-90-19 Attorney Kruppenbacher spoke regarding the concerns of the Commission on the Settlement Agreement. On Item lD, the alcoholic beverage on premises consumption - they have agreed to modify that to provide that the alcoholic beverage on premises consumption must also serve food with their operation. With regard to lP, the bowling alley, skating rink, they have agreed to a 250 foot buffer or prove to the Commission that no sound can be heard by any residential property. They may build soundproof buildings. On convenience stores, anything to do with gasoline, they have agreed to a 250 foot buffer from any residential property. On Page 2F-laudromats and launderettes are eliminated. On Page 3-the fast food restaurants, the new car dealerships, boat sales, they have to have them - and that there will be no sole used car operations or sole used boat operations. It is believed that the ordinance on the taxing district regarding beautification will prevent anything from not looking proper. On pest control and exterminating services, they have agreed to change that to offices, to clarify there will be no chemicals associated with that. On the issue of the food lockers, cold storage, they have agreed to revise to provide it would only be in conjunction with the C-l use of a store, etc. Paragraph 4 on Page 4 is to be deleted. Motion was made by Commissioner Kaehler to remove Ord. No. 489 from the table. Seconded by Commissioner Kulbes. 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 that we approve Ord. No. 489 as amended tonight, subject to the Amendments the Attorney has articulated that are more constrictive than what is in Ord. 489. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Partyka, no, based on the stipulations I said on the 250 ft. buffer; Commissioner Kaehler, aye; Commissioner Hoffmann,a ye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Mayor Grove called a recess at 9:00 p.m. and called the meeting back to order at 9:10 p.m. Vacation of Easement-vacate five feet of ten foot utility/drainage retention easement located at 698 Tuscora Drive (Lot 88, Tus.Unit 9, PB 24, Pgs. 72 & 73): First Reading of Ord. No. 495, vacating and abandoning the west 5 ft. of a 10 ft. utility/drainage retention easement located on Lot 88, Tuscawilla Unit 9, etc.: . Regular Meeting, City Commission, July 23, 1990 Page 4 89-90-19 Motion was made by Commissioner Kaehler to read Ord. No. 495 by title only. Seconded by Commissioner Jacobs. 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. 495 by title only on first reading. The Public Hearing will be scheduled for the second meeting in August, Aug. 27, 1990. Winter Springs Commerce & Industry Development Board Business Survey: Mrs. Ruth Smith, Chairman of the Board, presented the survey along with an accompanying letter which is to be sent to all the businesses in the City. Chairman Smith explained this survey would reveal some of the problems the businesses are having, plus would inform them of some services available to them from the State. Commission was in agreement to have the survey mailed out. . Resolution No.646, requesting the U. S. Postal Authorities to retain the contract post office in Winter Springs, etc.: Mayor Grove read Resolution No. 646 by title only. Motion was made by Commissioner Kulbes to adopt Resolution No. 646 in its entirety as presented by the Mayor. Seconded by Commissioner Kaehler. Discussion. Mr. Richard Sherrill from the Caselberry Post Office spoke about the new post office that will be opening in August. It is a 32,000 square foot building, will have 40 employees initially and is an investment of over two million dollars. Mr. Sherrill said the request to keep the contract station comes primarily from Hacienda Village which is one mile from the contract post office and 1.7 miles to the new post office. The .7 miles does not justify the added expense of the contract post office for the postal service. He explained 'the postal service contract with this contract station allows us to give 60 days notice to close the office and at present, these are our plans!' It was explained to Mr. Sherrill it was not a matter of distance, but of safety, that was the major concern. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. City Manager Richard Rozansky: 1. Fiscal Year 1990-1991 Budget; Commission Sets: Proposed Millage Rate, Rolled Back Rate, Day, Time and Place of Public Hearing for Tentative Budget (Monday, Sept. 10, 1990, 7:30 p.m.): Motion was made by Commissioner Kulbes that we set the proposed millage rate at 3.7287 mills; Rolled Back Rate at 2.8475, and the day, time and place of the Public Hearing shall be Monday, Sept. 10, 1990, 7:30 p.m. at Winter Springs City Hall. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried. Mayor Grove announced there will be a Workshop Meeting on Monday, July 30th at 7:00 p.m. on the Police, Fire and Public Works Department Budgets. . Submersible Lift Station Pump: Motion was made by Commissioner Kulbes that we award the contract to Pat's Pump & Blower Company, in the amount of $5,660.01. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. . Regular Meeting, City Commission, July 23, 1990 Page 5 89-90-19 Monthly reports have been distributed. Commission Seat IV - William A. Jacobs: Appointments to Planning & Zoning Board and Board of Adjustment: Motion was made by Commissioner Jacobs to reappoint David W. McLeod and Terri Donnelly, respectively. 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. Investigation of acquisition of Seminole Utilities: Commissioner Jacobs said since the day of closing, April 26th or April 27th, he has requested information in reference to the closing that he has not received. No. I, the $25,000 that D.L.J. basically did not receive and it was returned to the Seller; 2nd is Financial Disclosures; picking of the underwriter, still question whether that was done properly; the park property, never seen in any document or remember any consultant bring up the parks; $750,000 loan, the actual cost of this is not 12.3 million dollars, its 13 million dollars; on the day of closing was the first time I ever heard that there were deposits that were to be turned over to the City, $128,000; and Commissioner Jacobs said he would like to know if the Commission agrees to have this investigated. Attorney Ken Bishop, Broad & Cassel, representing the seller, asked if anyone wanted to review their documents they were welcome to do so. . Attorney Kruppenbacher said for the next meeting, Aug. 13th, to have the whole team present to answer all questions. Commission Seat V - Paul P. Partyka: Commissioner Partyka asked Attorney Kruppenbacher for information about the municipal taxing district. Attorney Kruppenbacher explained he is setting up a meeting with the people in Boca Raton who are responsible for implementing that concept in Boca Raton, and on the taxing district he is to meet with the General Counsel of the League of Cities, and he will bring back the options, on the last meeting in August. Commission Seat I - Cindy Kaehler: Commissioner Kaehler asked about Chestnut Ridge. City Engineer, Leonard Kozlov, reported that he is waiting for the new configuration of the moved pond and any engineering associated with it; none has come into his office. Commissioner Kaehler asked why the Commission was not apprised of the fact that if it was done this way, that it was a possibility that we would not be able to change things. Commission Seat II - Arthur Hoffmann: Motion was made by Commissioner Hoffmann to reappoint John Langelotti to the Planning and Zoning Board and Jim Greene to the Board of Adjustment. 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. . Commissioner Hoffmann suggested that a member of the BOWS Board attend the Chamber of Commerce Meeting on Aug. 27th as they will be talking about beautification. . Regular Meeting, City Commission, July 23, 1990 Page 6 89-90-19 Commission Seat III - Philip A. Ku1bes: No Report. Mayor's Office: Mayor Grove reported she was presented with a packet from the Southern Ranchlands Paving Initiative, Inc. for each Commissioner. Meeting was adjourned 10:30 p.m. Respectfully submitted, ~ 17 tudz Mary T. Norton, City Clerk Approved: MAYOR ~ f;,. LEANNE M. GROVE . .