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HomeMy WebLinkAbout1993 04 12 City Commission Regular Minutes 92-93-15 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS APRIL 12, 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 John Govoruhk, 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 John Langellotti. Approval of minutes of Regular Meeting of March 22, and Special Meeting of March 29, 1993: Commissioner Langellotti referred to page 4 of the March 22nd minutes regarding the proposed maintenance of Tuscawilla ordinance and the Country Club Village lighting ordinance which were not on the agenda. Commissioner Langellotti moved to not accept the minutes at this time. Gene Lein, Winged Foot Circle East, also referred to the minutes and asked why the two issues were not on the agenda. Motion was made by Commissioner Langellotti to put the Tuscawilla Maintenance on the agenda for this evening and the lighting. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; motion carried. Commissioner Langellotti said after many months of repeated attacks by the President of the Homeowners Association in regards to the way we conduct ourselves up here, I feel that its about time that someone comes out and answers him in regards to things that he states. After repeated attacks against myself and my family and us, I think that with all his one sided statements he is leaving me no other alternative but to request the City Commission relinquish all responsibility in respect to the Tuscawilla maintenance project. Motion was made by Commissioner Langellotti to abandon any participation of the Tuscawilla Maintenance project. Seconded by Commissioner Torcaso. Discussion. Commissioner Kaehler said it is unfortunate that we have come to this point. She said we have worked hard and long trying to get what we thought that our constituents wanted. She said she was extremely disappointed in the Tuscawilla Newsletter, and she said to be lambasted the way that they continually are in the newsletter. She said the statements that are in there are inaccurate, misleading and shed a very poor light on us as Commissioners. "I think that that is truly unfair, it is a burden for the City to take over and we are here to serve contrary to your comments Mr. Khemlani, and that is what I have tried to do ever since I became a Commissioner. You have an extremely short memory. You have made comments like only one person supported the shopping center issue. Where was I? I have supported your Homeowners Association in . Regular Meeting, City Commission, April 12, 1993 Page 3 92-93-15 B.O.W.S. Board Presentation-Beautification of City Entrance Signs: Jean Jacobs, Chairman of the BOWS Board and Terry Meta were present to speak to the Commission. Mrs. Jacobs said they are having their first annual spruce up, clean up week in Winter Springs from April 18th to the 24th. Volunteers are welcome to come and help cleanup. Mrs. Jacobs also said they have been contacted by different homeowners groups that would like to clean up their medians and do some plantings. and if there was a possibility of having the irrigation systems turned on. Mayor Kulbes said this would be looked into. She asked if money could be set aside for plants for these areas and this will be looked into. She said the Board would like to make the City more beautiful by planting flowers around the City signs. Mrs. Jacobs passed out a proposal from a landscaper. Mrs. Meta stated permits would have to be signed if this is approved. Motion was made by Commissioner Jonas to authorize the BOWS Board to begin beautifi- cation of the entrance ways to Winter Springs. Seconded by Commissioner Lanellotti. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; motion carried. . Chestnut Ridge (NE corner Northern Way & Greenbriar Lane)-Approval/Disapproval of Plat and Covenants: Don LeBlanc, Land Development Coordinator, explained this is just for platting and covenant approval, not for acceptance of infrastructure. Mr. Godwin was present. Mr. John Morgan, Troon Trace, spoke about his concerns of the wall they put up directly across the street from seven homeowners in Greenbriar. He said it was supposed to be six feet and in some places it exceeds that. City Engineer Leonard Kozlov has spoken to Mr. Godwin about this and he has agreed to remove certain portions. Mr. Kozlov said it is really an aesthetic problem. Motion was made by Commissioner Kaehler to approve the plats and covenants of Chestnut Ridge. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso, aye; motion carried. Deer Song Phase II (Between Moss & Sherry Avenues, off S.R. 4l9)-Approval/Disapproval of Plat and Covenants: Motion was made by Commissioner Torcaso to approve the plats and covenants for Deer Song Phase 2. 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. Highland Lake Final Development Plan/Preliminary Engineering (terminus of MacGregor Road)-Approval/Disapproval: Motion was made by Commissioner Langellotti for approval of Highland Lake Final Development Plan. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner Kaehler, aye; Commissioner Torcaso. aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; motion carried. . Regular Meeting, City Commission, April 12, 1993 Page 4 92-93-15 . Highland Lake Final Engineering (terminus of MacGregor Road)-Approval/Disapproval: Don LeBlanc, LDC, said the Commission has his memo, and that caveat number 3 should be stricken. That has been approved by the City Engineer. Mr. LeBlanc stated the one problem that no one has addressed is a construction road over the pipeline because the Commission's caveat was that no work be done in Phase 2 until the pipeline is removed. Mr. LeBlanc said he gave the Commission a letter from the pipeline company about the removal of the pipeline but they would have to get an agreement from the developer. Mr. LeBlanc said the only other alternative would be to come in on MacGregor Road and the Police Department is against that for public safety reasons. They are asking to use the Fausnight parking area for an entry road and that also would have to be co- ordinated with the Police Department. That is not to be construed as granting Fausnight an entry upon Shepard Road. Once the traffic is done the temporary gate would be removed and the fence would be put back into the original condition; no entry onto Shepard Road. Mr. Dennis Kramsky, Division Manager with Florida Public Utilities, said the gas company would be willing to enter into agreement with the developer to make sure that necessary safety precautions are adhered to. Motion was made by Commissioner Langellotti to approve the final engineering of Highland Lakes with the caveats as listed minus caveat No.3. Seconded by Commissioner Jonas. Discussion. In discussion Mr. DiMarco explained they would like to be able to clear all the right of way when they clear the right of way for Phase 1. He said, "we might as well do it all at once; that is our motivation for asking that we could clear just once." Mayor Kulbes said the consensus of the Commission was the entire Shepard Road 60 ft. right of way could be cleared and 15 ft. construction road on the proposed MacGregor Road right-of-way. . Vote on the motion: Commissioner Kaehler, aye; Commissioner Torcaso, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. Acceptance of Vistawilla Drive: Attorney Kruppenbacher said it has been represented to him by the developer of the property, Winter Springs Joint Venture which has been taken over by RTC that the RTC does not have bonding capacity to post a bond for Vistawilla. He said the City's options are as follows: you could decide to, and this is based upon the premise that the owner of the street offers to tender to the City ownership of the road which has not been done as of this time. Attorney Kruppenbacher said he understands there is a contract on this property with Mr. Yeager, and his understanding is that that contract calls for Mr. Yeager to offer the City ownership. He said with discussions with Miss Miskinnis that the Joint Venture would possibly offer to tender this City ownership of the streets, so all his comments are premised on the owner of the property saying they are ready to tender and offer the City ownership. The RTC is attempting to walk away. He said the City has the following options: the City could say they are going to keep the road closed until such time as the property has been sold off and then when a new developer wants to come in and deal with the property they could post a bond; by then the two years may be up. . . . . Regular Meeting, City Commission, April 12, 1993 Page 5 92-93-15 Attorney Kruppenbacher said the City could take the position that the owner of property is fundamentally gone out of business and if offered, take acceptance He recommended prior to doing that that the City Engineer reinspect the road. in the event there were subsequent problems with the road, and we have to make ments we would assess the abutting property owners. the as is. Then improve- The Commission was in agreement for Staff to get with the Developer and attempt to come back with a viable plan at the next meeting to allow us to open the road in line with what we have talked about recognizing it would not involve a bond. City Manager John Govoruhk: City Manager Govoruhk referred to the letter from Industrial Waste Services requesting to start pickup at 6 a.m. for the summer beginning May 1st to December 30th. Commission was in agreement. In reference to Commissioner Donnelly's request to reduce her monthly reimbursement check 25%, Attorney Kruppenbacher said he interprets the Resolution as giving a commissioner their own judgement and discretion as to whether they want to take as much as has been authorized. Attorney Kruppenbacher asked that Commissioner Donnelly give the City a letter stating the amount that she wishes to receive. Commission Seat V - Cindy Kaehler: No report. Commission Seat I - John V. Torcaso: No report. Commission Seat II - Don Jonas: Commissioner Jonas asked the status of the new Code Enforcement Ordinance. Kruppenbacher said that will come to the Commission along with the new land ment regulations. Attorney develop- Commissioner Jonas also asked the Commission to consider dropping the $25.00 fee for checking the backflow valves. Commission Seat III - John Langellotti: Commissioner Langellotti asked about the sprinklers on Winter Springs Boulevard, and he asked what does it take to have our crew maintain what the City is supposed to maintain. Commission Seat IV - Terri Donnelly: No report. Commissioner Kaehler thanked Attorney Kruppenbacher for his donation to Central Winds Park. John Ferring, Benitawood Court, announced that on May 13th the Winter Springs Civic Association is going to be having an open house. He invited the Mayor, Commission, Attorney, City Manager and staff. . . . Meeting was adjourned 10:00 p.m. Regular Meeting, City Commission, April 12, 1993 Page 6 Approv PHILIP , MAYOR Respectfully submitted, ~r~ Mary T. Norton, City Clerk 92-93-15