Loading...
HomeMy WebLinkAbout1984 07 10 City Commission Regular Minutes . . . f . 83-84-19 REGULAR MEETING CITY CO~1ISSION CITY OF WINTER SPRINGS JULY 10, 1984 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Commissioners: Mayor John V. Torcaso, present Jim Hartman, present Deputy Mayor Buck Adkins, present Inez Linville, present City Manager Richard Rozansky, absent William Jacobs, present City Attorney Tom Lang, present Leanne Grove, present City Attorney Frank Kruppenbacher, present The invocation was given by Commissioner Jim Hartman. The pledge of allegiance to the flag was led by Deputy Mayor Buck Adkins. Motion was made by Commissioner Jacobs, seconded by Commissioner Hartman to approve the minutes of June 26, 1984. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Public Input: Dennis Kosciki, developer of Rustic Woods, said he was informed on Friday of last week that he would no longer be issued building permits due to a problem relating to the Homeowners Association acceptance of recreational improvements. He said there is a performance bond being held by the City in the amount of $20,000.00, and the miscellaneous items he was being requested to put in would total between $2,000 and $3,000.00. Mr. Howard Brandwine, Mr. Sam Longo, Mr. Doug Mondara and several other homeowners spoke about the problem with the amenities package, and with repairs to their homes. Mayor Torcaso said this will be taken under consideration and no building permits will be issued until this is settled. General Agenda: Planning & Zoning Recommendations of June 13, 1984: Preliminary Plan for Phase I of Winter Springs Commerce Center in Wildwood (Dittmer): Jacqueline Koch, Director of Administration, explained that the western 30 acres of Wildwood was redesignated from residential to a commercial office park, and with the last revision, that office park will be a tier of industrial development, commercial development and offices adjacent to the single family homes in Wildwood. The preliminary plan for Phase I which includes one street coming in off of Shepard Road ending in a cul-de-sac with commercial development on the east side, industrial development on the west side adjacent to the C-2 property along Highway 17-92. The plan was reviewed by the City Staff and recommended for approval with the one condition that the question of the length of the cul-de-sac be decided either by variance from the Board of Adjustment or by redesign to agree with the Code. The Board of Adjustment granted a double variance for the two cul-de-sacs with the condition that the two will be linked by a stabilized emergency connection for police and fire vehicles. . . . , 4 Regular Meeting, City Commission, July 10, 1984 Page 2 83-84-19 Motion was made by Commissioner Hartman for approval of Preliminary Plan for Phase I of Winter Springs Commerce Center in Wildwood subject to the letter of July 6, 1984 from the Director of Administration Jacqueline Koch. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Acceptance of Improvements in Tuscawilla Units 12, l2A and 13: Miss Koch explained that Unit 12 includes the extension of Winter Springs Boulevard from Howell Creek to Bear Creek, a portion of Northern Way south of the power ease- ment and a portion of Northern Way connecting Unit 7 with Winter Springs Boulevard. They are asking the City to accept all improvements in this area at this time. The Staff has inspected the development and found it in compliance. One condition has been raised. After further inspection of the right-of-ways which have not been sodded, the City is requiring that a performance bond be posted or delaying the actual effective date of this acceptance until they do sod the right-of-ways along Winter Springs Boulevard and Northern Way and the median in Winter Springs Boulevard. Since the model center will now be a street which is accepted by the City, which includes White Dove Drive, we will have a case of a barricade which will prevent people who live here on iVhite Dove Drive from going directly to their home, they will have to come down Winter Springs Boulevard and go up another circle and back track to their home. It will be necessary for the police chief to verify that that will not cause any delay to any emergency vehicle getting to a home there. Motion was made by Commissioner Adkins for acceptance of improvements in Tuscawilla Units 12, l2A and 13 and to include the letter of July 10, 1984 from the Director of Administration regarding barricade of public road at Tuscawilla Model Center, and with the understanding of two agreements with the Developer that they will put in all sidewalks approved on the plan the City accepted last year and that they will pay all the costs for the underground wiring on the old section of Winter Springs Boulevard. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, ~e; Commissioner Jacobs, aye; motion carried. Request of Eugene Mallek for permission to locate a mobile building on property zoned C-2 on Old Sanford-Oviedo Road: Miss Koch explained the property in question is the C-2 property at the west end of the Old Sanford Oviedo Road that is now a roof truss business. There is no permanent structure on the site. Mr. Malleck is requesting that he be able to place a trailer there with someone living there for security purposes, for a period of about a year. Mr. Mallek has indicated that he will be eventually developing the property with other buildings including warehouses, but until that time it is a matter of protection of the property. He is asking for one year approval of a temporary trailer for a security person. Motion was made by Commissioner Jacobs to approve the applicant's request for a mobile home for no more than one year. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. . . . , Regular Heeting, City Commission, July 10, 1984 Page 3 83-84-19 Vacation of Right-of-way of part of Garden Drive - Tom Binford: Miss Koch explained off South Moss Road there is a street called Garden Drive which is partially constructed along the Garden Club apartments. The entire right-of-way was not built. It was stopped as a dead end. For that reason when the apartments were built, they were required to put in a temporary cul-de-sac until the road was actually built to construct a permanent cul-de-sac. The owner of this property to the north, who has an approval for a multi-family development project, is asking that that right-of-way be vacated, and they said instead of the right-of-way, they will connect a driveway through their property with the existing paving so that emergency vehicles could come up Garden Drive and then go out, either to Fairfax or Moss Road. If this right-of-way were vacated by State law, it would be transferred at the center line to the adjacent properties so that the Seventh Day Adventist Church would receive this portion in orange. They have indicated by phone they are in full accord with this request and will provide a letter. The problem with this is if it is vacated in advance of any development, there is no real assurance that this emergency connection will ever be made. The suggestion is that the approval be in concept but the resolution not actually be passed until such time as this connection is actually built. All the Staff members feel it can be built so that it is a safe route of travel. If this project did not go forward and if this cul-de-sac were vacated and this property were then sold to various individuals, it would be hard for the City to say either one of them or several of them that you need to make a connection like this depending on the size property they might have. Motion was made by Commissioner Linville to direct Staff to prepare the ordinance for the next meeting to commence the process for vacating of this property as represented to you with the additional condition that Mr. Binford will pay for the advertising of that process. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Adkins, no; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Florida Land Settlement Proposal: Attorney Kruppenbacher said the remaining question is the date the City will be re- imbursed for the legal fees. He said he has already presented the terms of the settlement and everything is the same. As soon as he has that information he will send a memo to the City. Interior Designer: Miss Koch explained that the City advertised for proposals for an interior designer and eight proposals were received. These were reviewed by the municipal complex advisory committee and ranked according to some standards that have been used in the past to choose the architect for the city hall. The rankings of the committee were then passed on to the City Commission, and you were advised as to the top three firms in our opinion. The City Commission met yesterday and did their own scoring based on the same criteria and have given you the results of that ranking and the result was that the top score was by Donna Kirby & Associates. Motion was made by Commissioner Hartman that we accept Donna Kirby & Associates as our interior design consultants based on the process we just went through, subject to negotiations. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Linville, no; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Regular Meeting~ City Commission~ July 10~ 1984 Page 4 83-84-19 . Resolution No. 450~ expressing appreciation to John Hatfield Resolution No. 451~ expressing appreciation to Cindy Kaehler: Motion was made by Commissioner Jacobs to adopt Resolution No. 450 and 451. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Jacobs~ aye; Commissioner Grove~ aye; Commissioner Hartman~ aye; Commissioner Adkins~ aye; Commissioner Linville~ aye; motion carried. Attorney Kruppenbacher distributed copies of the ordinance for the distribution of newspapers~ etc. and this will be on the agenda for the next meeting. Commission Seat I - Jim Hartman: No report. Commission Seat II - Buck Adkins: Commissioner Adkins said there is a problem with people moving into a unit and not having any street lights; there are three residents in Unit 12 with no street lights. This will be turned over to the Building Department. Commission Seat III - Inez Linville: Commissioner Linville asked about the letter in reference to the Winter Springs Elderly Community~ dated July 5~ 1984~ and whether the Commission should submit a policy letter. This will be referred to the City Attorney and City Manager. Commission Seat IV - William Jacobs: Motion was made by Commissioner Jacobs to appoint Jon Hall to the Planning & Zoning Board. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove~ aye; Commissioner Hartman~ aye; Commissioner Adkins~ aye; Commissioner Linville~ aye; Commissioner Jacobs~ aye; motion carried. . Commission Seat V - Leanne Grove: Commissioner Grove asked Attorney Kruppenbacher if he was aware that the Photomat debris had been cleaned up~ and he said he was aware. Mayor's Office: Attorney Kruppenbacher said his firm~ Swann & Haddock~ is sponsoring the Tri County meeting in August. It will be August 16th at the Citrus Club. Attorney Lang reported on the North Orlando Water & Sewer Corporation purchase. He said they still have not solidified their arrangement with Dr. Day regarding spraying effluent on the golf course nor have they finalized negotiations on the 40 acre spray field. Attorney Lang said he would like to get some authority from the Commission to go back and say we will pay up to 2.2 million dollars depending on what can be supported given interest rates at the time we sell the bonds for the plant as is meaning without the 40 acres~ with the understanding that NOWSCO would release to us whatever interest they have in that 40 acre effluent field. What happens now is NOWSCO owns the land but has two option agreements outstanding that they are going to have to buyout, and probably we are going to have to buyout. The primary party involved is Dr. Day and Attorney Lang feels we can negotiate with him. Attorney Lang said he was just asking the Commission to allow him to go back and reopen the negotiations at the 2.2 million dollar level with the understanding we will assume the responsibility for trying to get the 40 acre effluent field rather than waiting for them to try and get it. . . Regular Meeting, City Commission, July 10, 1984 Page 5 83-84-19 Commissioner Linville asked where are we on the Grant? Attorney Lang said our priorization has put us so far on the bottom we can not count on that. There are at least three major applicants who would have to be rejected or withdraw before we would even be in consideration. As far as the building, Attorney Lang said we would have to negotiate separately for that. Attorney Lang said NOWSCO is glvlng assurances that all permits will be in place and when we get the plant it will be an operable plant or we will not close, and the closing would be subsequent to the expiration of the permit. Motion was made by Commissioner Jacobs to approve the negotiations along the lines that Attorney Lang described . Seconded by Commissioner Grove. Discussion. In discussion Commissioner Adkins asked would it be based on three year renewal. Attorney Lang said we would be looking at a three year permit to protect us and if we can't get a three year permit, he would come back to the Commission and let them know. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Ordinance No. 298 will be on the Agenda for the next meeting for first reading. There is one member needed on the Code Enforcement Board. Mayor Torcaso introduced the new Planner, Don McKenna. . Meeting was adjourned 9:02 p. m. Respectfully submitted, ~T~ Mary T. Norton, City Clerk '-1 Jw~---,MAYOR TORCASO / ..j' .