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HomeMy WebLinkAbout1984 11 13 City Commission Regular Minutes . . . " t 84-85-3 REGULAR MEETING CITY COMllISSION CITY OF WINTER SPRINGS NOVEl-mER 13, 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: Mayor John V. Torcaso, present Deputy Mayor Buck Adkins, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, present Inez Linville, present William Jacobs, present Leanne Grove, present The Invocation was given by Deputy Mayor Buck Adkins and the Pledge of Allegiance to the Flag was led by Mayor John V. Torcaso. Motion was made by Commissioner Linville, seconded by Commissioner Jacobs to approve the minutes of October 23, and Special Meeting of October 30, 1984. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Public Input: Sherry Lincoln, Burgos Road, asked if anything has been done about parking problems with boats and campers. Mrs. Lincoln asked if more street lights could be installed on Burgos Road. Item A under the General Agenda, Winter Springs Ashley Square-Wastewater Treatment/ Land Spreading Proposal was withdrawn from the Agenda and will be re-scheduled to Nov. 27, 1984. Al Gerder, Oak Forest Homeowners Assn., spoke about his letter of May 14, 1984 and that some of the items have not been resolved. General Agenda: Health Insurance: Deborah Nichols, representing the CIGNA Healthplan of Florida, Inc. and Melissa McDonald representing HMO were present. Motion was made by Commissioner Adkins that we approve HMO of Florida. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Hartman, no; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, no; Commissioner Grove, aye; motion carried. Doug's Unit 1- Approval of Final Plat and Final Engineering: The City Planner explained that Doug's Unit I is a 4.5 acre site located off of Moss Road, behind Barnett Bank. It passed final Staff Review this past week; it is 14 lots to be sold fee simple and quadraplexes. There will need to be one contingency added to the approval, and that is the tie-in for the sewage system that is going in on the new addition of Moss Road. . Regular Meeting, City Commission, Nov. 13, 1984 Page 2 84-85-3 Motion was made by Commissioner Linville that we approve Doug's Unit I Final Engineering and Plat approval subject to the assessment for the tie in for the drainage outfall. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Cottle Rezoning: This property was annexed into the City about 2 years ago at the request of the City. The County has failed to grant the waiver for rezoning. Mr. Cottle would like to have the property rezoned. Manager Rozansky said we should proceed with the rezoning without the fee because Mr. Cottle was promised that when his property was annexed. Motion was made by Commissioner Grove, seconded by Commissioner Linville to approve waiving the fee of the Cottle property rezoning. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Resolution No. 463, expressing concern of safety on Tuscawilla Road, etc.: Motion was made by Commissioner Jacobs, seconded by Commissioner Adkins to adopt Res. No. 463. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. . First Reading of Ord. No. 302, Annexation-David Joyce: The Commission was in favor of-reading Ord. No. 302 by title only. Attorney Kruppenbacher read Ord. No. 302 by title only on first reading. First Reading of Ord. No. 303, rezoning certain properties from RC-l to R-U,etc.: The Commission was in favor of reading Ord. No. 303 by title only. Attorney Kruppenbaoher read Ord. No. 303 by title only on first reading. Block Wall-DunmarjOak Forest: The property owner sought to erect a 10 foot concrete wall on his property and applied to the ARB Committee governing Dunmar Estates. Under the covenants and restrictions of Dunmar Estates, the ARB issued an o.k. to build the 10 foot wall. The applicant took that o.k. and brought it to City Hall and our Building Official, following what is stated to be passed practice, issued a permit to construct the wall. The wall was then constructed, certain homeowners objected, arguing that other City ordinance provisions provide an 8 foot limit to a wall and no higher. Commissioner Adkins said a 10 foot unsupported wall would be a possible and probable safety and health hazard to the adjoining residents. Attorney Kruppenbacher said, for the record, the Attorney for the applicant asked permission last week to go in and put in steel structural supports. Attorney Kruppenbacher said he asked for a letter releasing the City from all damages incurred by putting them in, but we never received the letter, so the work was not done. Discussion followed. . Motion was made by Commissioner Adkins that we keep the stop work order in effect on the fence; that we have engineering done on the fence at the City's cost since this is basically a city problem at this point in time. If that engineering comes back saying that the wind load is such on that wall being a 10 foot high and support it the way it will be supported when it is completed, it is in excess of what is acceptable by . . . Regular Meeting, City Commission, Nov. 13, 1984 Page 3 84-85-3 engineering codes, building codes, any type of standard found in the state of Florida, that the City will go ahead and remove the top 2 feet of the wall at the City's expense. In discussion, the City Attorney explained the applicant has proposed the following resolution to the problem: they have no objection to Mr. Adkins proposal that an engineer inspect for the purposes of windtesting and safety, and they would agree to limit the height of the fence to 9 feet with the City buying back the materials that would have cost to put it to 10 feet and correct it where it is above 9 feet at this time. Motion was made by Commissioner Grove the Building Official did not have the authority to grant the variance from this Code and that therefore, the wall must comply with the Code and the 8 feet; the City will bear the cost of removing what is there now and bringing it back down to the 8 feet and also reimburse the cost of the 8 feet to the 10 feet. Commissioner Adkins motion was seconded by Commissioner Hartman. Vote on the motion: Commissioner Linville, no; Commissioner Jacobs, no; Commissioner Grove, no; Commissioner Hartman, aye; Commissioner Adkins,aye; motion failed. Commissioner Grove restated her motion: the Building Official did not have the authority to grant the variance to the 8 foot height that is in the Code; therefore, the wall must be taken back to its 8 foot level. The City will bear the cost of removing anything above 8 feet and bringing it back to 8 feet and will also reimburse Mr. Jacobson for any portion of the wall that has been built from the 8 feet to the ten feet. Seconded by Commissioner Hartman. Discussion. In discussion Commissioner Hartman made ,a proposal that the City pay for the cost of the wall at an 8 foot height and that wall according to the permit is $4,100.00. We will give them the $4,100.00 to take the wall down to the 8 foot height. Motion was amended by Commissioner Grove to include the price as borne out by the building permit. Seconded by Commissioner Hartman. Vote on the original motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, no; Commissioner Linville, aye; motion carried. Vote on the amendment to the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, no; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Hartman, seconded by Commissioner Grove, officially revoking the permit. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove,aye; motion carried. City Manager - Richard Rozansky: Wade Street Bids: On Oct. 25 the City received 5 bids for the paving of Wade Street as follows: Briar Construction, $44,609.75; Basic Asphalt, $46,088.55; Hubbard Construction, $84,932.00; Girdley Construction $78,711.46 and K&L Contractors, $51,208.50. The bids were turned over to Al Land, Land Engineering Co. who recommended the bid of Briar Construction. . . . Regular Meeting, City Commission, Nov. 13, 1984 Page 4 84-85-3 Motion was made by Commissioner Jacobs to accept the bid of Briar Construction in the amount of $44,609.75 for Wade Street. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs,aye; Commissioner Grove,aye; Commissioner Hartman, aye; motion carried. Fee Schedule: The Staff is in the process of reviewing the fee schedules, Resolutions Nos. 335 and 456, and will come back with a recommendation. The fee for the garage sales has not yet been determined. A fee of $5.00 or $10.00 was suggested. Florida Power Distribution Easement: There are two poles on Moss Road that have to be moved because of the construction. Florida Power Corp. is requesting an easement. Motion was made by Commissioner Jacobs to place Resolution No. 464 and Ordinance No. 304 on the agenda. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Attorney Kruppenbacher read Res. No. 464, granting a distribution easement to Florida Power Corp., etc., by title only. Motion was made by Commissioner Jacobs, seconded by Commissioner Grove to adopt Resolution No. 464. Discussion. Vote on the motion:Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Commission was in agreement to have Attorney Kruppenbacher read the first reading of Ord. No. 304 by title only. Winter Springs Water and Sewer: Manager Rozansky reported that work is now started on the Dayron Site. Mr. Jim Conger, president of the Homeowners Association, spoke about the construction of the extension of Shepard Road through the 28 acres that the City owns, and who is going to construct it. Manager Rozansky said this will have to be addressed. Manager Rozansky also said the City will have to relocate one or two water mains on Moss Road. Reports: Manager Rozansky spoke about the letter from Seminole County about the light in front of the Keeth Elementary School; spoke about prisoners working for the City. The Commission approved an eighth holiday for City employees, Monday December 24, 1984. There was discussion of stopping the mosquito spraying because someone had complained that it was a risk to someone's health. Attorney Ktuppenbacher said theCity could notify this person when we would be spraying and also advertise a schedule. City Attorney Kruppenbacher said the bridge on Costa Rica in Hacienda Village was inspected because the City signed an agreement with the County to inspect bridges in July of this year. . . . Regular Meeting, City Commission, Nov. 13, 1984 84-85-3 Page 5 Commission Seat I - Jim Hartman: Commissioner Hartman said he would like to get the problems resolved in Oak Forest. After discussion of the problems, it was decided that Commissioner Hartman and Commissioner Adkins would look at the problems again. Commission Seat II - Buck Adkins: Commissioner Adkins congratulated Mayor Torcaso, Commissioner Jacobs and Mr. Hoffmann in the recent election. Commissioner Adkins asked if the City can request the State Game and Fish Commission to stock Lake Tuscawilla and little Lake Tuscawilla. Commission Seat III - Inez Linville: Commissioner Linville again asked about occupational licenses, if it is necessary that businesses pay both a city and county license fee. Commissioner Linville also asked about the changes to the pool codes and the status of them. Commission Seat, IV - William Jacobs: No report. Commission Seat V - Leanne Grove: No report. Mayor's Office: Mayor Torcaso read the results of the Nov. 6, 1984 Election as follows: John V. Torcaso, 2950 Martin Trencher, 1957 Seat II: Lawrence A. Cerra, 1359 Arthur H. Hoffmann, 2,383 Seat IV: Ray Bradshaw, 2,204 Bill Jacobs, 2,517 The Commission discussed changing the Commission Meeting nights. Motion was made by Commissioner Hartman, seconded by Commissioner Adkins, to change the meeting nights, starting in January to the second and fourth Mondays of each month, and the meeting to start at 7:00 p. m. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Mayor Torcaso announced that groundbreaking for the municipal complex will be at 11:00 a.m., November 30, 1984. Mayor Torcaso appointed members to the Citizens Advisory Board to study Planned Unit Developments, Article 14, Sec. 44.85.1 as follows: Gene Dorman, Phil Kulbes, Cindy Kaehler, Susan Reid, Tom Dougherty, Chris Wethman, Jay Alpert and Tony Tiano. Meetings for this Board will start in January. Regular Meeting, City Commission, Nov. 13, 1984 Page 6 84-85-3 ~ Mr. Arthur Hoffmann will be sworn in as Commissioner on December 3, 1984 at 11:00 a.m. Meeting was adjourned 11:00 p. m. Respectfully submitted, ~r:~ Mary T. Norton, Ci ty Clerk y:;~ ,MAYOR ~ ~