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HomeMy WebLinkAbout1991 06 10 City Commission Regular Minutes 90-91-18 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 10, 1991 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Kulbes at 7:30 p.m. Roll Call: Mayor Philip A. Kulbes, present Deputy Mayor Paul P. Partyka, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Cindy Kaehler, present Don Jonas, present John Langellotti, present Terri Donnelly, present The invocation was given by Commissioner Terri Donnelly. The pledge of allegiance to the flag was led by City Attorney Frank Kruppenbacher. Motion was made by Commissioner Partyka to approve the minutes of May 13, 1991. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. Public Comment: Joe Genova, Addidas Road, spoke about the article in the Orlando Sentinel regarding the development of the Vistawilla Drive extension. . Glenn Childs, Wildcat Court, asked to reserve a time for discussion for Ord. No. 495. Harold McBirney, Northern Way, wanted to make a statement on the Pitt Variance. Steve Chase, Lake Proctor Court, Geneva, said he was ordered here by the Seminole County Court System because of a not guilty plea on a speeding ticket. He said he did not feel the signs were properly placed, and he publicly apologized to Chief Govoruhk. Elizabeth Stergon, Panama Circle, said she was cited for a violation of Art. 1, Sec. 17-1, which is obstructing streets and sidewalks, for having a basketball goal facing the street. She was asked to turn her information over to the City Manager and he would look into the matter. Moti Khemlani, representing Tuscawilla Homeowners Association, spoke about the districting map. He said he would like to go on record to let the homeowners know that as their representative he would like to see this Commission take a very very serious look at the proposal made by Mr. Jacobs. He also spoke about the planned unit development zoning of the Tuscawilla PUD. Determination of Property Owners rights to construct guest cottages on ten acres: City Attorney Kruppenbacher explained several weeks ago he was asked to look into the issue of whether or not the owner of the Tuscawilla Country Club would be permitted to construct ten acres of what is termed "guest cottages" on property that is adjacent to and included within the area presently placed on the map as "country club, club house facilities." . . . . Regular Meeting, City Commission, June 10, 1991 Page 2 90-91-18 After reviewing the documents, Attorney Kruppenbacher said he has found two arguments made by the property owner which are: at the time the property was annexed there was a data summary sheet that showed ten acres of guest cottages, and that would form the basis for vested rights, and the second, any language on the current official map of the City which does not show the ten acres of guest cottages being where they are proposed was simply a ministerial change and not a change in intent by the City. Attorney Kruppenbacher said he does not see the weight of the argument that there are ten acres of guest cottages that he is entitled to. Attorney Kruppenbacher recommended the Developer be told, that based upon the evidence that was presented that the proposed project is not within any vested rights that he holds. He can then file a declaratory judgement action if he so decides and proceed to recon- ciliation of that issue with the court. Jim Mikes, representative and shareholder owning the stock of Florida Country Clubs Inc. which is the owner of the 244 acres which includes 190 acres devoted to the Tuscawilla Country Club, spoke to the Commission. Mr. Mikes said he contends the 1971 plan is still in effect with respect to the 244 acres. He spoke in reference to his letter to the City Commission which is attached to these minutes. Joe Genova, Addidas Road, Joseph Bozic, Carrington Court, Judy Mostow, Augusta National Boulevard, Buddy Laub, Blue Spruce Court, Bob Ceruti, Arabian Ave., Richard Denny, Pebble Beach Circle West, Moti Khemlani, Tuscawilla Homeowners Association, Roger Owen, Nancy Circle, all spoke against the proposed project. Motion was made by Commissioner Partyka that the current developer/owner does not have the right to build guest cottages on the ten acres that we discussed today. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. Mayor Kulbes called a recess at 9:15 p. m. and called the meeting back to order at 9:30 p.m. Public Hearing Prior to Transmittal of 1991 Comprehensive Plan to State of Florida for Review and Comment: 1. Land Use/Population Projections; 2. Traffic Circulation; 3. Housing; 4. Recreation and Open Space; 5. Conservation; 6. Infrastructure-Potable Water, Sanitary Sewer, Solid Waste, Storm Drainage, Groundwater Aquifer recharge; 7. Capital Improvements; 8. Intergovernmental Coordination: Mayor Kulbes said our Plan is now complete with all necessary attachments and a legal review has been completed and the Plan has been found to be in compliance with the Florida Statutes. Mayor Kulbes opened the floor for comments from the audience. Robert King, Black Hammock, Jose Goetz, Black Hammock, Cindy Thomas, Spring Avenue, Mosia Metcalf, Boat Club Road, all spoke in regard to environmental issues. No one spoke against the plan. Mayor Kulbes announced there will be another public hearing on the 1991 Comprehensive Plan in the Fall. . . . Regular Meeting, City Commission, June 10, 1991 Page 3 90-91-18 Vote to Transmit 1991 Plan to DCA for Review of Compliance with F.S. 163 Requirements: Motion was made by Commissioner Langellotti to transmit the 1991 Comprehensive Plan to the department of Community Affairs. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Request of Attorney Reischmann to request reconsideration of Ord. No. 495: Attorney Reischmann said he has given the Commission some documents that summarize the request of Mr. and Mrs. Pitt. He said they are asking for an opportunity to reapply to vacate a portion of a utility and drainage easement lying in the back yard of Mr. & Mrs. Pitt's property, and during the time for the administrative process to go forward on that rehearing on an amended ordinance, we would ask that the Code Board be directed to withhold any further proceedings. Attorney Reischmann submitted the original waivers from all of the utility companies concerning the application; a memorandum from then Commissioner Jacobs to City Attorney; original petition containing over 60 names and signatures of Mr. & Mrs. Pitts' neighbors requesting the City's approval of his application to vacate a portion of the easement; Mr. Pitt's application and an entire copy of the Notice of Restrictions on real estate for Unit 9 which is that portion of the Tuscawilla P.U.D. in which his property is located. Glenn Childs, Architectural Review Board Chairman, and Harold McBirney, Northern Way, spoke against the request. Mr. Pitts, Tuscora Drive, spoke about his actions and oversights. Moti Khemlani, Tuscawilla Homeowners Association, also spoke against the request. Motion was made by Commissioner Kaehler to table and continue this issue until the next meeting. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Motion was made by Commissioner Partyka that the meeting continue until we complete in light of extenuating circumstances. Seconded by Commissioner Langellotti; motion carried. Mayor Kulbes called a recess at 10:55 p.m. and called the meeting back to order at 11:05 p.m. Central Winds Park-Additional Engineering Design for S.R. 434 Entry: Jim Van Ostran, Webb & Associates, said he has given the Commission a couple of memos that kind of brings them up to date. He said they have come up with an alternative alignment in order to cut costs. D.O.T. has given a lot of additional requirements to take care of and ran the costs very high. He said we do not have to build a maintenance road and he said they will build the new road as a close by-pass so that the existing road can be used for maintenance and traffic while it is being built. He estimated from $40,000 to $50,000 dollars in construction costs can be saved by this alternative. This agreement is in the amount of $25,275, for additional engineering design for S.R. 434 entry. . . . Regular Meeting, City Commission, June 10, 1991 Page 4 90-91-18 Motion was made by Commissioner Langellotti that we approve the agreement. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Partyka, aye; motion carried. Public Hearings and Second Readings: Ord. No. 502, annexation of D.Bergstresser, Lots 1, 2 & 3, (less road) Blk. B, Johnson's Poultry Farms, etc. Ord. No. 503, annexation of Ned & Thelma Voska, Lots 4, 5 and 6, Blk. B, Johnson's Poultry Farms,etc. ord. No. 504, repealing Sec. 2-194, Disposal of Surplus Property of Art. VI. Finance and providing for new Sec. 2-194, Disposal of Surplus Property, etc.: Attorney Kruppenbacher read Ord. Nos. 502, 503 and 504 by title only on second reading. Mayor Kulbes recessed the Commission Meeting and opened the Public Hearing for Ord. No. 502 and 503. No one spoke for or against the ordinances. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kaehler to adopt Ord. No. 502 and 503. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord. No. 504. No one spoke for or against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Partyka to adopt Ord. No. 504. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Annual Certification of Zoning Map: Don LeBlanc, Land Development Coordinator, said there was only one change and that was Ord. No. 497, property at the corner of Hayes and S. R. 434. Motion was made by Commissioner Partyka that we certify this annual reV1Slon of the zoning map. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. City Manager Richard Rozansky: Amendments 12 and 13 to CPH Agreement: Motion was made by Commissioner Langellotti, seconded by Commissioner Partyka, to approve amendments 12 and 13 to the Conklin Porter & Holmes Agreement. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Partyka, aye; motion carried. Pension Plan and Audit Agreement-FY 1990-1991 were removed from the Agenda. . Regular Meeting, City Commission, June 10, 1991 Page 5 90-91-18 Commission Seat I-Cindy Kaehler: Commissioner Kaehler spoke about the issue of cutting grass and doing it on a continuing basis for those properties that are continually a nuisance. Commission was in agreement to have the Attorney bring back an ordinance that minimizes the expense to the City and solves the problem. Commissioner Kaehler asked about the meeting with the County Commissioners to discuss the inter local agreement (road maintenance) and Manager Rozansky explained he would like to wait until Orange Avenue is completed. Commission Seat II-Don Jonas: Commissioner Jonas announced the Citizens Alert Program was officially started today, and he thanked Commissioner Donnelly, Commissioner Langellotti and Sue Coffmann for their assistance. Commissioner Jonas said he would make his appointment to the BOWS Board at the next meeting. Commission Seat III - John Langellotti: No report. Commission Seat IV - Terri Donnelly: Commissioner Donnelly said she would make her appointment to the BOWS Board at the next meeting. Commission Seat V - Paul P. Partyka: Commissioner Partyka spoke about rezoning the Tuscawilla P.U.D. Motion was made by Commissioner Partyka to rezone the PUD in Tuscawilla to R-lAA subject to further discussion. Seconded by Commissioner Langellotti. Discussion. . Attorney Kruppenbacher explained as the motion is phrased, it can not be legally passed. He explained that a public body has the right to administratively rezone property. That right is taken away if the owner can establish vested rights. Attorney Kruppenbacher said this issue has to be addressed parcel by parcel. Motion and second were withdrawn Motion was made by Commissioner Partyka to have you bring back with the Staff any recommendations regarding rezoning of any undeveloped parcels less those covered by the Settlement Agreement. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Mayor's Office: Motion was made by Commissioner Partyka that Mayor Kulbes be named the voting delegate at the Florida League of Cities Convention. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. . Approval of distribution of Grant Funds-FY 1991-1992 Anti-Drug Abuse Grant Act of 1988 application: Motion was made by Commissioner Partyka that we give them the letter of local government approval for distribution of the grant funds. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; . . . Regular Meeting, City Commission, June 10, 1991 Page 6 90-91-18 Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Mayor Kulbes said he would have recreational vehicles on the Agenda for June 24. Attorney Kruppenbacher announced that the City has been sued by Resolution Trust Corp. and asked Commission's approval to represent the City. Commission was in agreement. Meeting adjourned 12:05 p.m. Respectfully submitted, ~T.~ Mary T. Norton, City Clerk ,MAYOR