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Home My WebLink About1987 01 26 City Commission Regular Minutes . . . . 86-87-7 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 26, 1987 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor JohnV. Torcaso at 7:30 p.m. Roll Call: Mayor John V. Torcaso, present Deputy Mayor William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Cindy Kaehler, absent Arthur Hoffmann, present Philip A. Kulbes, present Martin Trencher, present For the invocation Commissioner Martin Trencher asked for a moment of silent prayer in memory of the Astronauts of Challenger 7. The Pledge of Allegiance to the flag was led by City Manager Richard Rozansky. Motion was made by Commissioner Jacobs to approve the minutes of January 12, 1987. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Public Input: Mr. Allen Bernoni of Indian Ridge presented a petition to the Mayor requesting the City to condemn Indian Ridge Units 73 through 84 located off San Rafael. Weblos from Den 2, from Pack 843, were present as a requirement to move from Cub Scouts to Boy Scouts to learn about local government and what they can do to become responsible citizens. Mr. Villilo said Feb. 8th is Scout Week. Planning & Zoning Board Recommendations of Jan. 14: Request of Roger Lonsway to annex 1.17 acres on east side of Belle Ave. South of S.R. 434 (113.85 feet of Lot 8, Block B, Johnson's Poultry Farms). Property is next to the Winter Springs Elementary School. Motion was made by Commissioner Kulbes to read Ord. 366 by title only. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Hoffmann, aye; motion carried. Attorney Kruppenbacher read Ord. No. 366 by title only on first reading. Planning & Zoning Board Recommendations of Jan. 21: Request of Coastal Equity and Development Corp. for approval of Final Development Plan/Preliminary Engineering for Braewick Villages in Tuscawilla (272 Townhouse Units on south side of Winter Springs Boulevard just east of Howell Branch): Mr. Wayne Ford of Coastal Equity was present to request approval. Also present were Don Evans, The Evans Group, Architects, Leonard Cechowski of Phoenix Engineering, engineer of record, and Ted Buckley, landscape architect. They gave a presentation of the proposed project. . . Regular Meeting, City Commission, Jan. 26, 1987 Page 2 86-87- 7 Motion was made by Commissioner Trencher pursuant to Sec. 14-119 Land Development Code that we grant a waiver for sidewalk requirements and have the developer in lieu of that requirement, develop a series of pedestrian paths which meander throughout the project and require that they be within a reasonable, accessible distance by all units without egress onto any private property. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Motion was made by Commissioner Trencher pursuant to Sec. 14-119 of the Land Development Code that a waiver be granted on the proposed 50 foot right of way of the street to include a 22 foot street with 8 inch curbs on both sides subject to final engineering approval. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Trencher pursuant to Sec. 14-119 of the Land Development Code pursuant to Sec. 44.85.4.4g on site development standards that we grant a waiver requested by the developer for the following buildings and proposed setbacks: CS-l, 35 feet; CS-2, 25 feet; CS-3,25 ft.; GS 10-20 Ft.; GS 11-15 ft. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Hoffmann, no; Commissioner Kulbes, no; Commissioner Jacobs, aye; Mayor Torcaso, aye; motion carried. Motion was made by Commissioner Trencher that we approve the preliminary engineering for Braewich Villages subject to the waivers just granted by the Commission and final engineering and approval by the City Engineer, and subject to the Engineer's letters of January 19th and January 23rd and Staff Review of January 12th. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Hoffmann, aye; motion carried. Final Engineering of Georgetowne Unit I (formerly Tuscora Villas) in Tuscawilla on Northern Way opposite Trotwood Boulevard: The City Planner, Jacqueline Koch, explained this was formerly Tuscora Villas and was approved in preliminary form at the end of last year. The final engineering is for the eastern half of the project. The Developer and his engineer were present. Motion was made by Commissioner Kulbes for approval of final engineering for Georgetowne Unit I with the comments as provided by the City Engineer and to include the waiver for the sidewalks. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Final Engineering of Winter Springs Commerce Center in Wildwood on south side of Shepard Road just east of U.S. 17-92: The City Planner, Jacqueline Koch, explained this was for approval of final engineering of Phase I. Mr. Dittmer and his engineer were present. This was approved as a change to the Wildwood Planned Unit Development to provide for a commerce center. There was discussion of the outfall from the retention pond and that a maintenance . agreement should be established. . . . Regular Meeting, City Commission, Jan. 26, 1987 Page 3 86-87-7 Mr. Wally Schroeder, engineer for the project, spoke in reference to the Seminole County requirements to add a lane on Shepard Road and payment of impact fees. Motion was made by Commissioner Kulbes that we approve the final engineering for Winter Springs Commerce Center in Wildwood based on the comments by our City Engineer, (letter of 10/ 7/86). Seconded by Commissioner Jacobs. Discussion. Motion was amended by Commissioner Kulbes, seconded by Commissioner Jacobs to include the requirement of the indenture for a perpetual easement. Vote on the motion as amended: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. First Reading of Ord. No. 367, repealing Article XIV, Planned Unit Development zoning; providing for the adoption of a new Article XIV entitled Planned Unit Development, etc.: Motion was made by Commissioner Kulbes to read Ord. No. 367 by title only on first reading. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Hoffmann, aye; motion carried. Attorney Kruppenbacher read Ord. No. 367 by title only on first reading. Attorney Kruppenbacher recommended this ordinance should be prospective only as to properties that are not presently under a planned unit development ordinance; if the Commission agrees to go prospective then the ordinance title needs to be changed, that which repeals the old ordinance, and have it revised to provide that the old ordinance continues in effect as to the properties it presently covers. As to new properties the new ordinance would cover that. Attorney Kruppenbacher also recommended that definitions for condominiums and apartments be revised and clarified. Commissioner Trencher asked if a development presently zoned P.U.D. wanted to expand the size of the P.U.D., which ordinance would apply? Attorney Kruppenbacher explained there will be two P.U.D. ordinances so that there will be a clear distinction. City Manager - Richard Rozansky: CADD Contract - Manager Rozansky said Attorney and he recommends approval. Manager Rozansky recommended approval changes. the contract has been reviewed by the City The cost of the project is $77,691.00. subject to the Attorney's review of the final Motion was subject to Trencher. Trencher, made by Commissioner Kulbes to approve the execution of the CADD contract the Attorney's review of the final changes. Seconded by Commissioner Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Municipal Code Contract - City Attorney has reviewed the contract and recommends approval. Regular Meeting, City Commission, Jan. 26, 1987 Page 4 86-87-7 . Motion was made by Commissioner Jacobs to accept the contract with Municipal Code in the amount of $11,500 to include the binders and tabs. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Final acceptance of Bid-Construction of Wastewater Treatment Facilities, FDER Project No. 767040: Motion was made by Commissioner Trencher to accept the bid for the wastewater treatment plant improvements received from Water Processing Co., P.O. Box 6781, Jacksonville, FL 32236, as received on Nov. 26, 1986 in the total amount of $987,300.00, tentatively accepted by the Commission on December 8, 1986 subject to review and approval fo the bidding documents and procedures by Florida Department of Environmental Regulation, Bureau of Wastewater Management and Grants; such approval subsequently received by way of their letter dated January 20, 1987. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Trencher, aye; motion carried. Flamingo Avenue property acquisition: Manager Rozansky discussed the contract for the property on Flamingo Ave. Mayor Torcaso spoke about the Southern Bell property on SR 419. The price of the property and the building is $637,087.08. . Motion was made by Commissioner Kulbes that we get three appraisals on both properties; meet with Mr. Strickler to discuss the property and come back at some future date and make a decision. Seconded by Commissioner Hoffmann. Discussion. Attorney Kruppenbacher suggested the Manager and Staff be directed to look at both properties and report back what their thoughts are from the Staff viewpoint. Motion and second were withdrawn. Commission was in agreement to have the Staff look at both properties. Impact Fees: There was discussion of the validity of the county impact fees. Motion was made by Commissioner Trencher to place Ord. No. 368, establishing a three month moratorium on all transportation impact fees, etc. on the Agenda. Seconded by Commissioner Kulbes. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; motion carried. Motion was made by Commissioner Trencher to read Ord. No. 368 by title only. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried. Attorney Kruppenbacher read Ord. No. 368 by title only on first reading. Commissioner Trencher suggested the City Manager forward a letter to the County indicating our displeasure with parts of that impact fee study so we put them on . notice and let them know exactly where we stand. . . . Regular Meeting, City Commission, January 26, 1987 Page 5 86-87-7 Reports: Manager Rozansky reported that he and the City Attorney will be meeting with the people from Florida Public Utilities on the lawsuit. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann asked for an updated list of all city employees. Commission Seat III - Philip A. Kulbes: Commissioner Kulbes urged the Commission to support Mayor Sheppard against the inclusion of the County into the Tri-County League of Cities. Commission Seat IV - William A. Jacobs: Commissioner Jacobs asked about the light in the Commission Chambers. Commissioner Jacobs spoke about the maintenance of the parks and common areas in Tuscawilla, and what option this Commission could take to possibly put it on the ballot for the people in Tuscawilla to decide if they want to have control. Commission Seat V - Martin Trencher: Commissioner Trencher asked the City Attorney to look relate to the confines of a planned unit development. asked about the lighting plan on SR 434. at how the Florida Statutes Commissioner Trencher also Meeting was adjourned 10:15 p.m. Respectfully submitted, (\ \ Approved: \1 \ . ;; <-/ \; J [r k-'~- ~ \(~ J l.,,~ \ v~/--<2-C ./ JnHN v. TORCASO f I ) ) lJz~r.~ Mary T. Norton, City Clerk ,MAYOR