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HomeMy WebLinkAbout1993 01 25 City Commission Regular Minutes . . . 92-93-7 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 25, 1993 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 John V. Torcaso, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Don Jonas, present John Langellotti, present Terri Donnelly, present Cindy Kaehler, present The invocation was given by Commissioner Terri Donnelly and the pledge of allegiance to the flag was led by Commissioner Cindy Kaehler. Approval of minutes of January 11, 1993: On page 2, the adoption of Ord. No. 540, change Commissioner Donnelly's vote to "no"; Under Commissioner Jonas' seat add: Commissioner Jonas asked that it be reflected there was no communication to our citizens which should have been done. Commissioner Jonas added that we had an opportunity in January where IWS would have paid the postage for that mailout for the City which would have saved us about $12,000 and the City decided against it. (Add this after "Commissioner Jonas spoke about the $4.00 bill that IWS sent out.) There were no further additions or corrections; the minutes stand approved as amended. There was no public comment. General Agenda: Highland Lakes (Terminus of MacGregor Road in Highlands (PUD)-4l Lot Conceptual Plan: Don LeBlanc, Land Development Coordinator, said he has given the Commission a package on this project. The Planning & Zoning Board has reviewed this project. The project is to be built in phases. Commissioner Jonas asked if Shepard Road would be completed to Edgemon Avenue in the second phase. Mr. LeBlanc answered no, Shepard Road would not be completed to Edgemon Avenue because that property does not belong to the developer. Commissioner Jonas said we have been discussing the issue regarding Shepard Road and the Shepard Road extension from this development to Edgemon Avenue, and the objective was to try and find if we could establish that right of way. Mr. LeBlanc explained the question is who would pay for that portion, and there has always been a question to the true ownership of the property. Mr. Attilio DiMarco, Managing Partner, spoke to the Commission about the project. He presented them with an informational package. Motion was made by Commissioner Torcaso to go along with what the Planning & Zoning Board and Staff have recommended to approve the conceptual plan for Highland Lakes. Seconded by Commissioner Donnelly. Discussion. In discussion Commissioner Kaehler spoke about the problem with roads that get half built and then stop, and the policy that was established that all future developments would complete the road to its termination. . Regular Meeting, City Commission, January 25; 1993 Page 2 92-93-7 Commissioner Kaehler also asked why MacGregor Road had a cul-de-sac. explained it was so emergency vehicles could turn around. Mr. LeBlanc The City Engineer, Leonard Kozlov, explained that in the second phase they have to build the entirety of Shepard Road and move the pipe. About the same time it is planned that the City will build their portion of Shepard Road coming from the north so MacGregor Road will be connecting into Shepard Road and then anyone can turn left on to Shepard Road going north into the Highlands, but there is going to be that portion of Shepard Road where it will have to be blocked off to the south at MacGregor Road until such time Shepard Road is continued onto Edgemon Avenue whenever that will occur. There will be a continuous flow of traffic to the north into the Highlands. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, no; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Grand Reserve (in Oak Forest, across from Arbor Glen)-18 Estate Lot Conceptual Plan: Don LeBlanc, Land Development Coordinator, said this also is a conceptual plan. There are two major concerns, one is will the County grant the ingress/egress on Tuscawilla Road and the wetlands will have to be delineated to insure that 18 lots can be built. Mr. Bill Starmer, developer, spoke to the Commission. Mr. Starmer said he is trying to show they can develop the property with some sensitivity to the wetlands. It is about a 30 acre parcel, currently zoned for over 100 homes and he is planning 18 lots. . Mayor Kulbes was concerned about giving approval on this conceptual plan because if they have to redesign the whole project because of the wetlands, they will have an approval on this concept. Attorney Kruppenbacher explained the developer's represen- tative could acknowledge on the record he recognizes the conceptual approval would in no way estop the City from raising at a subsequent date and further approvals, issues regarding the wetlands in compliance with all of the applicable codes and environmental requirements. Mr. Starmer said we understand that. Motion was made by Commissioenr Kaehler for the approval of the conceptual plan for Grand Reserve. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. Small Materials Recovery System-Presentation by County: Sherry Newkirk of the Seminole County Recycling Program was present to talk about the new facility they are in the process of preparing. She said in 1988 the State of Florida legislated the Solid Waste Management Act. This was and continues to be a comprehensive solid waste program effecting all government entities, all residents and all businesses of the state. To help carry out this Act the State set up a Recycling and Education Grant and Seminole County has yearly applied for these grant funds. Upon receipt of the grant the County shares the funds equally by population with all seven cities. . Ms. Newkirk made a slide presentation of the changes that have taken place since the 1988 legislation. At the new transfer station is the County Small Materials Recovery Facility or SMURF. Seminole County has recently requested that Winter Springs share half of the grant funds for this year. . Regular Meeting, City Commission, January 25, 1993 Page 3 92-93-7 Ms. Newkirk explained by the City sharing a portion of the allotted grant funds to help equip and operate this facility, all the businesses and apartments and condos located within Winter Springs can now join the recycling program that the residential community has enjoyed since 1990. Mr. Steve Carlton, Florida Department of Transportation (Res.No.696, Tabled 11/9/92): Leonard Kozlov, City Engineer, explained after the last Commission Meeting he sent a letter to Mr. Carlton. Mr. Kozlov called Mr. Carlton who stated he had talked to his supervisor who said he would be referring the matter to their attorney. Mayor Kulbes called a recess at 9:05 p. m. and called the meeting back to order at 9:15 p.m. City Manager Richard Roznasky: Resolution No. 700, authorizing the execution and delivery of a Lease and Purchase Agreement between the City and Citizens Fidelity Leasing Corp. relating to the lease of previously purchased Emergency One Fire Trucks; authorizing the execution and delivery of a lease schedule relating to the Lease-Purchse of such vehicles; authorizing the execution and delivery of all documentation necessary to consummate such lease purchase; designating such lease and purchase agreement as bank qualified, etc.: Attorney Kruppenbacher read Resolution No. 700 by title only. Motion was made by Commissioner Torcaso to adopt Resolution No. 700 as revised. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner . Langellotti, aye; motion carried. Resolution No. 701, fixing the fees to be paid for the use of Central Winds Park, etc.: Attorney Kruppenbacher read Resolution No. 701 by title only. After discussion the Commission asked to amend the resolution, Section I add: for adult activities. . Motion was made by Commissioner Kaehler to adopt Resolution No. 701 as amended. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. Transportation Impact Fee Review: Manager Rozansky explained he gave the Commission a memo dated January 19th recommending we not do the review this year which would be a savings of $10,000. Manager Rozansky, Mr. Kern and Attorney Bricklemyer all recommended we not do the review this year. Reports: Manager Rozansky said Seminole County is asking for appointments to the Citizens Advisory Committee for 1992/93 Road Impact Fee Update. Mayor Kulbes asked if anyone would like to serve, please notify the Clerk. Mayor Kulbes called a Workshop Meeting for February 16 to interview the Computer network consultants. Monthly reports have been distributed. . . . Regular Meeting, City Commission, January 25, 1993 Page 4 92-93-7 Attorney Kruppenbacher reported he received the executed Settlement Agreement from the Department of Community Affairs today on our Comprehensive Plan. He said he would have a resolution for the Commission to adopt at the next meeting raising the City's contribution from 4% to 6%, effective Oct. 1, 1992. Attorney Kruppenbacher cautioned the Commission b~cause the applicant for the borrow pit was looking at the issue of a viability of suing the City. He said if they are contacted by anyone to route the questions to him. Attorney Kruppenbacher said he had Attorney Jim Brown come to the meeting on the issue of the proposed settlement of Jackie Koch's claim, and the proposed settlement of $22,000. He said you have heard your lawyers say from a business standpoint we would recommend that decision; we have given you both the positive and negatives to accepting that proposal, and it really comes down to your decision. He said, "as the policy making board, do you want us to take the steps to settle that at a $22,000 figure or do you want the matter to proceed towards defense of the City's position?" Commissioners Langellotti and Torcaso favored settling. Commissioner Kaehler said regardless of her personal opinion, she did not believe in settling. She believes that the lawyers feel strongly there is no case. There is a principal involved. She said she did not like the signals that it sends. She said she does not think it is good and she said she doesn't think that as a City we should do this. This sets the first step. Attorney Kruppenbacher said there are two aspects to this case. There is the procedural due process aspect which Attorney Brown is handling and there is the handicap issue that Attorney Kruppenbacher is handling with EEOC. Motion was made by Commissioner Langellotti to authorize the City Attorney to take the legal steps necessary to proceed forward toward settlement. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Jonas, no; Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Kaehler, no; Commissioner Torcaso, aye; motion failed. Commission Seat V - Cindy Kaehler: Commissioner Kaehler asked about the Council of Local Governments appointment. She said she would like to be reappointed. This will be on the next agenda. Commissioner Kaehler said she would like to get a consensus to find out if the Commission would be willing to expend some funds to spruce up our fields as there is a possibility of getting a nationally sponsored soccer tournament here. Commissioner Kaehler said knowing there is a possibility this will cost some money, she wanted to know if the Commission was in favor of her pursuing this venture. Commission was in agreement. Commission Seat I - John V. Torcaso: Commissioner Torcaso said he was glad for the increase in the City's pension contribution to 6%. . . . Regular Meeting, City Commission, January 25, 1993 Page 5 92-93-7 Commission Seat II - Don Jonas: Commissioner Jonas recommended Tom Brown be appointed to the Planning & Zoning Board. Motion was made by Commissioner Kaehler to approve the appointment of Tom Brown. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Commissioner Jonas asked that a letter be sent to the people regarding the sign, stating exactly what must be done to be in compliance. Manager Rozansky said he would take care of that. Commissioner Jonas said he understands all the Manager's evaluations have been turned in and he said he would like that to be on the agenda for the next meeting. Commissioner Jonas read a letter as follows: for two years now I have sat on the Commission and evaluated everything that has come before us doing as much research as possible then evaluating the facts and making a decision on what I feel is the best for the City of Winter Springs. All of us who sit on the Commission realize that sometimes those decisions aren't ease; however, they are made and we walk away feeling that we made the decision that was best for the City of Winter Springs. Two weeks ago we made the decision against a developer that in my opinion wasn't the best for the City. I felt that the project, Lakes of Tuscawilla, by Sullivan Properties was a good project for the City of Winter Springs. In the long run it was the City that lost. I've been in sports all my life and realize that we can't win them all. We have had problems before in our City and have discouraged developers from coming into our City with projects that benefit the citizens of the City; however, we have a Commission that would evaluate the developer's concern, move in the direction to see that the project became a reality. In our decision two weeks ago I wonder what message we the Commission sent to developers who may have a project they wanted to bring to the City of Winter Springs. The thing that disturbed me the most about supporting this project and it was no question by anybody from the Staff, from the community to this Commission that I supported that project. The thing that disturbed me most about supporting this project was the fact that a staff member knowing that I was supporting this project, stated that the reason I was supporting the project was because I was going to be paid off by the developer or as they say I was on the take. This was without a doubt the rumor that circulated around City Hall. Fellow Commissioners, I've worked with you now for two years. I hope you know me well enough to realize I take my position as a Commissioner very seriously and will never allow anyone to buy me off for any project. I know for a fact that that rumor never had any validity and why anyone would ever start such a rumor is completely uncalled for. I will always judge every project before me as a Commissioner with fact and what is best for the citizens of this community. I do not intend to win them all, but if I feel that it is a good project for the City I will fight for that project as I would expect anyone of you to do. I just hope that that rumor had no . . . Regular Meeting, City Commission, January 25, 1993 Page 6 92-93-7 influence on any Commissioner in the way that they voted. I cannot believe that anyone would stoop that low and say such a thing about anyone because they supported a project that they believed in. Commissioners I hope you know me well enough over the past two years to know that I care about our City and no one will ever buy me off to support their project. Thank you for your time and your courtesy to allow me to set the record straight. Commission Seat III - John Langellotti: Commissioner Langellotti asked about the survey for Tuscawilla maintenance. Don LeBlanc, LDC, explained it was received this afternoon and would be out by Friday. It is to be sent back to the LDC by the 15th of February. Commissioner Langellotti told Commissioner Jonas he is happy that he read that statement because he said word was out that he was also on the take and he wanted it made public notice that no one ever approached him for anything, and he hopes that the rest of the Commission would bear with us in fighting this whole issue. When he received phone calls at home accusing him of how much money did he get, actually mentioning how much money did he get, so he said he would like to kill that right now tonight. Commission Seat IV - Terri Donnelly: No report. Mayor's Office: Mayor Kulbes said Legislative Action Day in Tallahassee will be the 24th of February. He said he is working on invitations to the representatives of the Central Florida Legislative Committee to join him for lunch. Mayor Kulbes asked anyone that was going to let him know. Mayor Kulbes spoke about a letter from Quest Properties. Meeting was adjourned 10:05 p. m. Respectfully submitted, ~;:~ Mary T. Norton, City Clerk ,MAYOR