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HomeMy WebLinkAbout1991 06 24 City Commission Regular Minutes . . . 90-91-19 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 24, 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 For the invocation Deputy Mayor Paul Partyka asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Manager Richard Rozansky. There were no additions or corrections to the minutes of June 10th and Special Meeting of June 3, 1991. The minutes stand approved as presented. Public Comment: Elizabeth Sturgeon, Panama Circle, discussed the warning she received for her basketball court. City Manager Rozansky was asked to look at the Budget to see if there are monies to construct a court at the Fruitwood Park. Bill Jacobs, S. Edgemon Ave., asked about an answer to his letter that he sent to the City Manager. General Agenda Public Hearing for Ord. No. 505, adopting the map and description of the recommended districts filed with the City by the Districting Commission, pursuant to Ord. No. 494, etc. Third Reading: Attorney Kruppenbacher read Ordinance No. 505 by title only on third reading. Mayor Kulbes recessed the Commission Meeting and opened the public hearing on Ord. No. 505. John Ferring, Baltic Lane and Moti Khemlani, Tuscawilla Homeowners Association, spoke against the Districting Map. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Donnelly to adopt Ord. No. 505. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, no; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Request for reconsideration of Ord. No. 495 (tabled 6/10/91): Attorney Kruppenbacher read Ordinance No. 495 by title only. Mr. Vernon Pitt, and his attorney, Bill Reischmann were present. Attorney Reischmann submitted a letter from Mr. & Mrs. Pomeroy, Mr. Pitt's next door neighbors, showing their approval of this project. Glenn Childs, Wildcat Court, read as follows: I want this letter to be on public record that certain statements made by Commissioner Don Jonas on Monday, June 10, 1991, were true but not in depth. This pertains to the feeling I have and many, many Tuscawilla Homeowners that attended that Monday night's meeting, that I, Glenn Childs, Tuscawilla Architectural Review Board Chairman, singled . . . Regular Meeting, City Commission, June 24, 1991 Page 2 90-91-19 out anyone for a building permit approval. Mr. Jonas also stated that he checked this out and all building permits were approved by this City except this one at 698 Tuscora Drive and Mr. Jonas gave me the courtesy of a phone call. I would advise that many, many, many applications are refused by me. This is due to the fact that they do not meet the deed restrictions and covenants. Dick & Peggy Eckel at 696 Brown Bear Court are a good example. They had a pool designed for their backyard. It did not meet the restrictions and they requested I grant a variance, and they are friends of mine, and I advised them that there was no way that I would approve a variance. They being law abiding people and property owners in the prestigious Tuscawilla area, redesigned the pool to meet the deed restrictions and covenants, then I could and I did approve their project. Another homeowner at 697 Benitawood Court had their pool plans approved by me and also the Building Department at City Hall. Soon after the pool company called me for a variance due to the fact they found 15 to 25 feet of muck in their backyard and wanted to build on the side of their house instead; I refused to give a variance because it was then only to be 5 feet from the property line and did not meet the restrictions. This again is something that you do not know about. The City of Winter Springs Building Department only sees those plans that meet the deed restrictions and covenants set forth by the Tuscawilla area. I refuse to approve fences to the road, chain link instead of wood, tin sheds, above ground pools, spas not enclosed, tree houses, and so forth are only a few. When home- owners are advised their plans do not meet the deed restrictions and covenants they in turn revise their plans and resubmit or cancel their project. I was turned down myself 5 years ago for a nice utility building in my backyard. I had previously contacted my neighbors and they all thought it was great; however, I was refused a permit by the ARB Chairman at that time. I just gave up on my plan and now use the area for a yard instead. I want to emphasize there are always two sides to every story and now you as City Commissioners have heard my side. No one person has ever been singled out as certain people want to believe. This will never happen as long as I am the ARB Chairman for Tuscawilla. I didn't write these rules, but I will see that they are enforced for the betterment of all homeowners in Tuscawilla. Moti Khmelani, Tuscawilla Homeowners Assn., and Vernon Pitt, Tuscora Drive, also spoke to the Commission. City Attorney Kruppenbacher said this is a request to vacate and/or abandon a ten foot utility drainage/retention easement. All utilities that utilize that easement have signed papers to give up their rights saying they have no objection to the vacating. What happened here is Mr. Pitt built this project by his own admission in violation of the Code without going through the permit process. He is asking the Commission to vacate the easement then his building would not be in violation and he would pay for the appropriate permit. Attorney Kruppenbacher explained the Commission has two options: Option 1 would be to disapprove and direct the City Attorney to prepare an appropriate order and at the next meeting adopt that order in which are detailed facts, such as the admissions of the violations, the fact that it was built knowingly in violation of the code, etc. . . . Regular Meeting, City Commission, June 24, 1991 90-91-19 Page 3 Option 2 is to approve the decision to vacate and abandon the easement, and have prepared and executed an appropriate document wherein this property owner would tear down and remove that property from the easement in the event the City needs access to that easement for public utilities, and to impose a $1,000 fine. Motion was made by Commissioner Jonas to adopt Option 2 made by our Attorney Kruppenbacher, that we allow this easement with a $1,000 dollar fine. Motion as restated by Attorney Kruppenbacher is a motion to adopt Option 2, subject to Ord. No. 495 being amended to read: An Ordinance of the City of Winter Springs, Florida, providing for a limited vacating and abandoning; and a change in paragraph 1 that provides the City hereby vacates and abandons the following described real property subject to the applicant agreeing to remove any and all structures and/or property within the easement in the event the City determines it needs access to said easement for public utilities. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Partyka, no; Commissioner Kaehler, no; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Request for residency within commercial zoning by Tom Binford: Attorney Kruppenbacher explained it has been represented to him that Mr. Binford owns property on S. R. 434 within the City of Winter Springs. That property he has utilized both for office purposes and by his representations for residential living quarters for himself on a periodic basis. Mr. Binford wrote a letter on May 10th to Mayor Kulbes representing that every year since 1978 that he or other individuals have utilized the premises as living quarters on a periodic basis. His property is currently zoned C-l Neighborhood Commercial. There is a request by Mr. Binford to permit the residential property or his use of it to be continued under Sec. 22-233 Non-conforming uses. So if in fact this property was residential at the time it was zoned Commercial, those persons or parties living there would be entitled to continue residing on the property. Motion was made by Commissioner Partyka that we do not approve the residency within commercial zoning by Tom Binford. Seconded by Commissioner Kaehler. Discussion. vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, no; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Partyka, aye; motion carried. Attorney Kruppenbacher explained the reason he is raising this issue is there were comments made and issues raised regarding multi-family and the ability to move to a conditional use. There is no schematic that allows the dual, with the exception that I will represent to you, that this City has allowed people to have residences for security purposes. Attorney Kruppenbacher said he does not see where that is in the Code as a specific right, so therefore if Mr. Binford walks in and says I now want it for security purposes, and its been allowed on these two other scenarios, it would be hard to defend if Mr. Binford were refused. First Reading of Ord. No. 506, recreational vehicles, etc.: Mayor Kulbes read the first reading of Ord. No. 506 by title only . Regular Meeting, City Commission, June 24, 1991 Page 4 90-91-19 City Manager Richard Rozansky: Audit Agreement - Coopers & Lybrand: Manager Rozansky said Christine Hill and her associate are here. The Commission has been provided copies of their proposed agreement. Last year's contract with them was some 600 hours. This year they are estimating 700 hours. They put in 1,000 hours last year because of additional work. For this year they are asking $32,500 based upon numerous growth, etc. They would like a two year contract as was given to the other auditors. For next year the cost would be $36,800. Mayor Kulbes said he would like a one year contract and a cap on the out of pocket expenses. Motion was made by Commissioner Kaehler to approve the agreement with Coopers and Lybrand with the stipulation that if we choose after the first year, we can terminate the contract. 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. Reports: Monthly reports have been distributed. Staff was present with the exception of Mr. McKinney who was taken ill and taken to the hospital today. . Manager Rozansky reported the children from Rustic Woods will no longer be bussed to school. He was asked if he would place a sidewalk in the budget for next year. Manager Rozansky asked the Commission if they have no objection he would like to start the project now as school starts in August. There was no objection from the Commission. Attorney Kruppenbacher said he would like the Commission's authority to the Attorney General would there be any prohibition to the Mayor and/or Manager and any designated employees from sitting on the pension board. was in agreement. formally ask the City Commission Attorney Kruppenbacher said he is working with the Police Chief in dealing with the grass cutting issue. On the Armando Guarin Case one of the counts in the lawsuit is to enforce the deed restrictions of Greenspointe. The City does not have a policy of enforcing homeowners restrictions. Attorney Kruppenbacher said we are third party to the lawsuit and when we have a code problem, if we can also use deed restrictions to help us, we will use them. Attorney Kruppenbacher said he is preparing the final order dealing with Mr. Mikes' property and will have that for the next meeting. Attorney Kruppenbacher read Resolution No. 669 designating June 26, 1991 as Sheriff John E. Polk Day in the City of Winter Springs, Florida. Motion was made by Commissioner Kaehler to place Resolution No. 669 on the Agenda. 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. . Motion was made by Commissioner Kaehler to adopt Resolution No. 669 honoring John E. Polk. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner . . . Regular Meeting, City Commission, June 24, 1991 90-91-19 Page 5 Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Commission Seat II - Don Jonas: Commissioner Jonas said he would make his appointment to the BOWS Board at the next meeting. He spoke about the participants in Desert Storm are to be asked to participate in our City parade. Commission Seat III - John Langellotti: Motion was made by Commissioner Langellotti to reappoint John Ferring to the Planning & Zoning Board and Al Becker to the Board of Adjustment. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Commission Seat IV - Terri Donnelly: Motion was made by Commissioner Donnelly to appoint Shirley Jones to the BOWS Board. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. Commission Seat V - Paul P. Partyka: Motion was made by Commissioner Partyka to reappoint John Heninger to the Board of Adjustment. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Commissioner Partyka spoke about commercial recycling, and hopefully by the next meeting IWS will be ready to make a presentation. Commissioner Partyka also suggested that if there is any issue from any citizen in Winter Springs that takes more than a few minutes to research, then that should come before the Commission; basically the City Manager would use his discretion if he believes he or Staff is being abused by particular requests, and feel free to come to the Commission for direction. Commission Seat I - Cindy Kaehler: Motion was made by Commissioner Kaehler to reappoint David Hopkins to the Planning & Zoning Board and Harry Reid to the Board of Adjustment. 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. Commissioner Kaehler spoke about a meeting to be held by the Florida Growth Management Conflict Resolution Consortium on Aug. 7th, Seminole County School Board Meeting Room at 6:00 p.m. Commissioner Kaehler spoke about the need to expand the summer recreation program and a summer job fair for teens. . . . " Regular Meeting, City Commission, June 24, 1991 Page 6 90-91-19 Mayor's Office: Mayor Kulbes said he attended a Public Safety Emergency Management Disaster Assistance Workshop. Mayor Ku1bes announced the services for Sheriff Polk would be held on Wednesday, June 26th at 10:00 a.m., and the services for Ellen Simpson's son would be held on Tuesday, June 25th at 2:30 p.m. at Lyman High School. Meeting was adjourned at 10:10 p.m. Respectfully submitted, ~-r~ Mary T. Norton, City Clerk