Loading...
HomeMy WebLinkAbout1991 01 14 City Commission Regular Minutes . . . 90-91-7 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JANUARY 14, 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 Commissioner Kaehler asked for a moment of silent prayer. The pledge of allegiance to the flag was led by City Manager Richard Rozansky. Approval of minut~s of December 10, 1990: Correction on page 10 to show Commissioner Don Jonas instead of Art Hoffmann. Minutes stand approved as corrected. Presentation of Prizes to winners of "Name the Park" Contest: Mayor Kulbes presented a $100 Savings Bond and two Orlando Magic tickets to first place winner Michael Cunningham, 1012 Chokecherry Drive. Second place winner was Anthony Bracco, 621 MOrgan Street who received a $50 Savings Bond and two Orlando Magic tickets and third place winner was Craig Sullivan, 813 Big Buck Circle, who received a $50 Savings Bond. Mayor Kulbes also presented Resolutions of Appreciation to former Mayor Leanne Grove and former Commissioner William Jacobs. Former Commissioner Arthur Hoffmann was not present to receive his Resolution. Public Comment: Jack Bergman, Wilson Road, Chairman of the Senior Citizens, spoke on behalf of all the members, and thanked the City Commissioners of last year, City Manager Rozansky Glenn Whitsett, and the Recreation Department for all their help, and for the new building. Gladys Zahand, Co-Chairman, asked when they would be able to move into the new building. Mayor Kulbes announced there will be a Workshop Meeting on January 21, 1991 to discuss the Senior Center. If all the discrepancies are corrected Mayor Kulbes said he would like to have a dedication and Open House on February 1, 1991. Mrs. C. Wesson, Oswego Court, asked if the City could implement some programs for our young school age children. John Ferring, Baltic Lane, spoke about the increase in Cablevision rates and asked if the City could do something about them. Mayor, Kulbes recessed the Commission Meeting in order for those persons wishing to speak on the Shepard Road issue the opportunity to sign in. The meeting was recessed at 7:45 p.m. and called back to order at 8:00 p. m. . . . Regular Meeting, City Commission, Jan. 14, 1991 Page 2 90-91-7 Joe Genova, Addidas Road, also spoke about the Cablevision rate increase. General Agenda: Public Hearing to consider an amendment to the approved Master Plan of the Highlands Planned Unit Development to delete the proposed Shepard Road Extension. (A portion of the N. Orl. Ranches, Sec. 11 & 12, P.B. 13, Pgs. 22-25, P.R. of Seminole County, FL): Mayor Kulbes recessed the Commission Meeting and opened the public hearing. The persons who signed up to speak were sworn in by the City Clerk. Gerald Chancellor, 605 E. Robinson St., Orlando, representing Florida Land Company, as the applicant and developer of the ten acre project known as Highland Lakes, said he is here this evening to request the deletion of the Shepard Road extension. He said they would like to have the Commission hear the public testimony, and his major purpose is to hopefully have the issue resolved this evening. Skip Drumheller, Marni Drive, presented a petition of 239 signatures of residents of the Highlands area who are against the extension of Shepard Road. Jim Conger, Andover Circle, spoke for the extension. The following persons spoke against the extension: Ed Kaplon, Erica Way; Mel Glickman, Aberdeen Court; T. J. Moore, Marni Drive; H. Adams, Anhinga Road; J. Elliott, Anhinga Road; A. Calvin Withrow, Spoonbill Court; Patrick O'Neill, Stirling Drive; Richard Martin, Ryan Court; Jennifer Gilleece, Anhinga Road; Joseph McCormick, Nighthawk Circle; Bob Crunkleton, Aberdeen Lane; Ingrid Adrian, Kirkcaldy Drive; Dennis Bouleg, Marni Drive; John Nystrom, Gretna Court; Bruce Moncrief, Gatehouse Drive; JoAnn . Mattie, Fortrose Drive. Mayor Kulbes then closed the public hearing and reconvened the Commission Meeting. Commissioner Kaehler asked the Developer why he wants the road deleted. Mr. Chancellor explained he made application for the deletion of Shepard Road after he had made application for approval of a Site Plan which shows Shepard Road on it. It came to his attention that there was considerable controversy over Shepard Road. Mr. Chancellor explained the Developer is willing to proceed with or without Shepard Road. He said the first plan he submitted to the City in July 1989 did not show Shepard Road connecting to the north and south at all. It showed approximately 40 or 50 smaller lots with simply a loop road through his property coming back and connecting with McGregor Road. Over the ensuing months and during meetings with City Staff and Highlands people he said it became obvious to him he should submit the Site Plan with Shepard Road shown on it, which is what he did in July of 1990. He said his goal is to build a 39 - 40 lot subdivision. Commissioner Jonas said as a Commissioner he has to be concerned to make the traffic flow as smoothly and as orderly as possible and the concern of emergency vehicles. He said this is a very difficult decision to make. Motion was made by Commissioner Kaehler for the denial of the amendment to the approved Master Plan of the Highlands Planned Unit Development (deny the deletion of Shepard Road). Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, no; Commissioner Partyka, no; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. . Regular Meeting, City Commission, Jan. 14, 1991 Page 3 90-91-7 Mayor Kulbes called a recess at 9:25 p. m. and called the meeting back to order at 9:35 p.m. Commerce & Industry Board Report: Ruth Smith, Chairman of the Commerce & Industry Board, spoke to the Commission about the report that was presented to the Commission. She explained the Board has been in existence about two years now. She said the Board is pleased to present this report, it is a rather extensive report and the Board is very proud of the report. Public Hearing to consider an Appeal from the Board of Adjustment decision denying the request of Vincent Contestabile for a Special Exception to Sec. 20-252 of the Code to allow a tire shredder to be placed on the property located at 200 Old Sanford/ Oviedo Road. (The property is zoned C-2 General Commercial and Industrial District). Mr. Contestabile spoke to the Commission about his business. He said it is a clean business and is approved by the Department of Environmental Regulation. He said he agreed to a maximum amount of 3,000 tires a day and putting in a 10,000 gallon water tank. The only concern of the Fire Department was if the machine broke down and there was a large storage of tires and a fire started. Mayor Kulbes recessed the Commission Meeting from the audience spoke against the request. and reconvened the Commission Meeting. and opened the public hearing. No one Mayor Kulbes closed the public hearing . Motion was made by Commissioner Kaehler to grant the Appeal subject to the restrictions of Staff recommendations of 3,000 tires per day plus the 10,000 or more gallon water tank to be monitored by Staff. 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. Public Hearing and Second Reading for Ord. No. 499, vacating and abandoning a portion of that 7~ foot utility easement located in the rear of Lot 2, Blk. H, N. Orl. Terrace Sec. One of Unit One, as recorded in P.B. 16, Pg. 63, P.R. of Seminole County, FL: Attorney Kruppenbacher read Ord. No. 499 by title only on second reading. The Land Development Coordinator explained when this was originally submitted it was to vacate a portion of the easement where the swimming pool was encroaching on the ease- ment. After the property was re-surveyed it was noted that a metal building was also on the easement. If the Commission is in approval to vacate the easement it would take only a slight change to vacate the entire easement. Mayor Kulbes recessed the Commission Meeting and opened the public hearing. No one spoke against the ordinance. Mayor Kulbes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Kaehler for approval of Ordinance No. 499 as amended to read the entire 7~ foot easement. 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. . Church of the New Covenant (Intersection of Tuscawilla Road and Tuscawilla Trail)- Request for extension of temporary trailer permit: Motion was made by Commissioner Partyka that we allow a temporary extension of a temporary trailer here at this property for one year. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner . . . Regular Meeting, City Commission, Jan. 14, 1991 Page 4 90-91-7 Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. Planning & Zoning Board Recommendation of Nov. 14, 1990: 1. Highland Lakes Final Development Plan/Preliminary Engineering (located at terminus of MacGregor Road): The Land Development Coordinator explained the reason it did not come to the Commission before this was we wanted to have the Shepard Road issue settled one way or the other. The main points are the City Engineer's letter and the comments from Mr. Doug Taylor, Winter Springs Water & Sewer West regarding the 12" water line. Mr. Taylor explained according to our Master Plan it has to be a 12" line. City Attorney Kruppenbacher recommended this be continued until the next meeting and that Mr. Zaudtke should be present. Discussion followed with the City Engineer regarding his letter of Oct. 5, 1990 citing several unanswered issues. Commissioner Kaehler said the question here is whether the preliminary engineering Code is being met. Mr. Chancellor said he is not attempting to debate the merits of our Code. Motion was made by Commissioner Kaehler to deny. Motion died for lack of a second. Motion was made by Commissioner Partyka to delay this issue until the next Commission Meeting provided we get all the answers and all requirements of the Code are met for preliminary engineering. Seconded by Commissioner Jonas. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner partyka, aye; Commissioner Kaehler, aye; motion carried. Appointment to Code Enforcement Board: Commissioners were asked to have an appointment for the next meeting. City Manager Richard Rozansky: 1. First Reading of Ord. No. 500 amending Sec. 19-102(1) User Charge Schedule, Sec. 19-102(3) Sewer Rates and Sec. 19-102(6) Miscellaneous Charges, etc.: Motion was made by Commissioner Partyka to read Ord. No. 500 by title only. Seconded by Commissioner Jonas. Discussion. Motion carried unanimously. Attorney Kruppenbacher read Ord. No. 500 by title only on first reading. Recreation Department - Baseball Field/Scheduling Report: The Commissioners will review the report. Reports: Gallon (amended 1/28/91) City Manager Rozansky reported that some 55/drums have been found on a portion of the Winter Springs Water & Sewer East property. The Fire Department, the County Department that handles hazardous waste have looked at them and the Dept. of Environmental Regulation will be notified. Manager Rozansky said they are very old, but there is something in them. Manager Rozansky said the election for the Public Employees Relations Commission to be represented by Local 3296 International Association of Firefighters was held, and it passed 19 to 3. . . . Regular Meeting, City Commisison, Jan. 14, 1991 Page 5 90-91-7 Commission Seat II - Don Jonas: Commissioner Jonas gave an update on the RUOK Program. He said the Rotary Club of Tuscawilla is taking over the project. A tournament to raise funds will be held on April 22. Commission Seat III - John Langellotti: No report. Commission Seat IV - Terri Donnelly: No report. Commission Seat V - Paul P. Partyka: No report. Commission Seat I - Cindy Kaehler: Commissioner Kaehler said it was brought up at the Council of Local Governments meeting that when cities go out for bid there is certain wording that can be included in the bid notice which says that cities can kind of "piggyback" onto the bid. She said it would be very beneficial if we added that to our bid notices. Attorney Kruppenbacher reported on the resolution that was presented by Mr. Ferring. He explained that Chap.112 and 286 of the FL Statutes have preempted to the state level the governance of public officials throughout the State of Florida with a rather comprehensive Code of Ethics. Attorney Kruppenbacher recommended the Commission not pass that resolution. Mayor's Office: Mayor Kulbes said the Florida League of Cities is looking for nominations to the Board of Trustees of the Florida Municipal Liability Self Insurer's Program. Commissioner Langellotti said he would be interested in being nominated. Mayor Kulbes said at the last meeting Commissioner Jonas was appointed to the E.C.F. R.P.C.; however, he is unable to attend all the meetings. Commission was in agreement to approve the appointment of Commissioner Langellotti to the East Central Florida Regional Planning Council as the City's representative. Mayor Kulbes called a Workshop Meeting for January 21, 1991, 7:00 p. m. on the Senior Center. By concensus of the Commission it was agreed to place on the agenda for January 28th a presentation on the purchase of the golf course. The meeting was adjourned at 11:45 p.m. Respectfully submitted, ~-r~ Mary T. Norton, City Clerk ,MAYOR