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HomeMy WebLinkAbout1991 02 11 City Commission Regular Minutes 90-91-9 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS FEBRUARY 11, 1991 Mayor Kulbes made a statement as follows: during the past week you may have read in the newspaper about a visit I had with Commissioner Kaehler. Unfortunately, my conduct has resulted in some misdirected communication and mispreserved motives. First I apologize to Commissioner Kaehler for anything that I may have done or said that offended or could have been construed as disrespectful to the Sunshine Law. My motives and intentions were pure, but I have learned that I have misunderstood the Sunshine Law as it applies to my position. I normally do not vote as Mayor. I contacted the City Attorney and reviewed with him the City Charter and Sunshine Law to avoid any future misunderstanding and to assure each of us follows the spirit and letter of the Sunshine Law. I asked our Attorney to be prepared to review the law with us tonight. Again, I apologize to Commissioner Kaehler and to each of you and look forward to working with you in the future. Attorney Kruppenbacher then reviewed the Sunshine Law. The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Kulbes. . 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 John Langellotti and the pledge of allegiance to the flag was led by Commissioner Don Jonas. There were no corrections to the minutes of January 28, 1991. The minutes stand approved as presented. Public Comment: Mayor Kulbes presented a Resolution of Appreciation to John V. Torcaso for his services on the Planning & Zoning Board. General Agenda: Public Hearing for Ord. No. 500, amending Sec. 19-102(1) User Charge Schedule, General Monthly Water Service Rates, Sec. 19-102(3) Sewer Rates, and Sec. 19-102(6) Miscellaneous Charges, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 500 by title only on second reading. Kulbes recessed the Commission Meeting and opened the public hearing. No for or against the ordinance. Mayor Kulbes closed the public hearing and the Commission Meeting. Mayor one spoke reconvened . Motion was made by Commissioner Partyka to adopt Ord. No. 500. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commmissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. . Regular Meeting, City Commission, Feb. 11, 1991 Page 2 90-91-9 Vistawilla Drive Extension-Approval of Final Engineering: Attorney David Brown, representing the Developers, said he was here to obtain final approval and that they were going to add a couple stipulations. They are going to contribute $4,000 for speed bumps as well as agreements to control construction traffic. Mr. Don McIntosh was also present with various exhibits. Moti Khemlani, president of the Tuscawilla Homeowners Association, Joe Genova, Tuscawilla resident, and Gay Bess, Vistawilla Drive, all spoke in discussion. Motion was made by Commissioner Kaehler to approve final engineering of Vistawilla Drive including the $4,000 for the speed bumps ($4,000 for the City to use at their discretion); the developer will curtail the construction traffic that will be going through this area; that Unit 15 access will be as close to S. R. 434 as possible and the stop signs, etc. that will be taken into consideration by the Police Chief and Staff. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Mayor Kulbes called a recess at 9:20 p. m. and called the meeting back to order at 9:25 p. m. . Discussion of purchase of Golf Course: Tom Binford, Tom Binford Realty Company, 426 East S. R. 434, Winter Springs, said he was representing the principals of the Winter Springs Golf Course. He said last year it was brought to their attention that the City of Winter Springs was expanding its recreational programs in an effort to improve the quality of life for its citizens. At that time the Winter Springs Golf Course was offered to the City for purchase to integrate into the City's recreational program. This offer would have involved a bond issue and the matter was dropped. Mr. Binford said recently a financing mechanism became available whereby the City could control the Winter Springs Golf Course, enjoy potential, unrestricted revenues, incur no debt and own the golf course fee simple title in 20 years. At the City Commission meeting on January 28, 1991, Mr. Jack Ahern from Florida Group presented this financing package to the City. Mr. Peter Tattersall from Tattersall & Tattersall, Certified Public Accountants, spoke in reference to the memo that was sent from the City Finance Director to the City Manager. Mr. Tattersall said they have conducted the annual audits for Winter Springs Golf Course for the calendar years 1988, 1989 and are just completing the 1990 audit. Mr. Harry Martin, City Finance Director, also made a presentation of their financial records presented to the City. Mrs. McIntyre of the Highlands spoke for the golf course. Mr. Torcaso, Hacienda Village, Helen Powell, Hacienda Village, and John Ferring, Baltic Lane, all spoke against the purchase of the golf course. Mr. Joe Genova, Tuscawilla resident, said for the record "any project within the City of Winter Springs Tom Binford is connected with, I am violently opposed to". . City Attorney Kruppenbacher said there were three options the Commission had: option a is to kill the deal, go no further; option b is to have at the prospective seller's cost and they can put the money up, your legal team, your accounting team, your manager, get together and do the appropriate professional detailed analysis along . . . Regular Meeting, City Commission, Feb. 11, 1991 Page 3 90-91-9 with PGA MAl that we pick to do the appraisal and bring back to you what is the recommendation regarding this; and option c is to go with the 2.5 million dollar purchase price subject to appraisals, subject to legalities. Motion was made by Commissioner Jonas to accept Option B which was have our team do the complete analysis and everything going back to the City with the PGA MAl appraisal and them coming back to us with all the figures, paid for by the seller. Seconded by Commissioner Donnelly for discussion. Commissioner Donnelly said she would like to amend that to also include that our Attorney gets a good pe~k at whatever standard contracts they use. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner partyka, no; Commissioner Kaehler, no; Commissioner Jonas, aye; motion carried. Mr. John Ferring from the audience, said he would like it to be a matter of record that there should be a referendum to see if the people of this City want it. Attorney Kruppenbacher explained so that there is no misunderstanding, this Commission has not voted to acquire anything. What they voted to do was to have their professionals look at the matter. Presentations by Glatting Lopez Kercher Anglin-Mr. David Barth: Beautification Plan for City Hall: Nancy Prine, representing Glatting Lopez Kercher Anglin, gave a presentation of the proposed plan to beautify the entranceway into City Hall as requested by the Beautification of Winter Springs Board. The plan included framing the driveway and taking out the pavement in the middle and putting planting in there. She suggested framing the entrance with some lower trees and providing benches for the front of the building. She also suggested a water feature in the area of the open lawn. Ms. Prine said there are several ways of handling such a plan. The first is by donations, second is the phasing of the plan and another way would be to use some of the plant materials that will be cleared from the park site. The cost of the proposed planting would be in the neighborhood of $20,000 and an additional cost of $10,000 for berming, fountains, etc. Commissioner Partyka suggested the Beautification of Winter Springs Board come up with some ideas to pay for this proposed beautification. Update on Central Winds Park: Ms. Prine gave a brief overview of the Park. She said in the last week they have presented to City Staff a set of plans that are probably in the 90% range of completion and have asked for comments from the City Staff. She said they have to apply to Water Management District for permits. Manager Rozansky explained this week we are going to start applying for permits. It is necessary to get the permits in order to maintain the construction schedule. The Staff is fairly satisfied with the plans, and if there are no objections, we will proceed with the permits. ... . ---- Regular Meeting, City Commission, Feb. 11, 1991 Page 4 Amended 90-91-9 Request of Marjorie L. Malich for permission to have more than 2 dogs: Marjorie Malich, 122 Camphorwood Street, was present to request permission to have more than 2 dogs. There had been a complaint from 120 Camphorwood St. Mr. Marvin Moore, 120 Camphorwood, was present and spoke against the request. Motion was made by Commissioner Kaehler to deny the request. Seconded by Commissioner Partyka. In discussion, Dr. Eans, Winter Springs Veterinarian, spoke for Mrs. Malich. Vote on the motion: Commissioner Donnelly, no; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, no; Commissioner Langellotti, aye; motion carried. Resolution No. 658, appreciation to Richard Tiffany: Attorney Kruppenbacher read Resolution No. 658 by title only. Motion was made by Commissioner Kaehler to adopt Resolution No. 658. 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. Attorney Kruppenbacher reported he is waiting for the Quit Claim Deed for the Flamingo property. City Manager Richard Rozansky: Request of St. Stephen Church to hold Springfest: Manager Rozansky said the Springfest will be held April 19th through the 21st. He said he approved the request and turned it over to the Building Official to issue the permits. . Resolution No. 659 amending Res. NO. 600, fixing fees, etc.: Attorney Kruppenbacher read Resolution No. 659 by title only. Motion was made by Commissioner Langellotti to adopt Resolution No. 659. 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. WSWS-East Percolation Ponds/Eastern Beltway (Condemnation of five acres)-Required Action: Manager Rozansky explained the Expressway Authority have offered $61,000 for five acres of our property. We have questioned the appraisal value and have hired Jammal and Associates to look at what effect putting that road on these five acres will have upon our perc ponds. After an answer is received from Jammal it will be sent to Waller & Pardue for an appraisal. Processing of Development Requests: Manager Rozansky explained we are going to change the way we are processing our PUD development requests. Manager Rozansky said he is concerned with preliminary plans and final development plans,and the problem is the way we interpret the Code and send the plans to the Commission. He suggested all that is needed is a plat to show some of the things that are covered in the preliminary plan and then when they get preliminary plan approval they can have reasonable assurance and can then go on to do their final engineering. Manager Rozansky announced that Track Shack is going to have our Tuscawilla Trot. It . will be on the 16th, and has been turned over to the Chief. . . . ... Regular Meeting, City Commission, Feb. 11, 1991 Page 4 90-91-9 Request of Marjorie L. Malich for permission to have more than 2 dogs: Marjorie Malich, 122 Camphorwood Street, was present to request permission to have more than 2 dogs. There had been a complaint from 120 Camphorwood St. Motion was made by Commissioner Kaehler to deny the request. Seconded by Commissioner Partyka. In discussion, Dr. Eans, Winter Springs Veterinarian, spoke for Mrs. Malich. Vote on the motion: Commissioner Donnelly, no; Commissioner partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, no; Commissioner Langellotti, aye; motion carried. Resolution No. 658, appreciation to Richard Tiffany: Attorney Kruppenbacher read Resolution No. 658 by title only. Motion was made by Commissioner Kaehler to adopt Resolution No. 658. 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. Attorney Kruppenbacher reported he is waiting for the Quit Claim Deed for the Flamingo property. City Manager Richard Rozansky: Request of St. Stephen Church to hold Springfest: Manager Rozansky said the Springfest will be held April 19th through the 21st. He said he approved the request and turned it over to the Building Official to issue the permits. Resolution No. 659 amending Res. NO. 600, fixing fees, etc.: Attorney Kruppenbacher read Resolution No. 659 by title only. Motion was made by Commissioner Langellotti to adopt Resolution No. 659. 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. WSWS-East Percolation Ponds/Eastern Beltway (Condemnation of five acres)-Required Action: Manager Rozansky explained the Expressway Authority have offered $61,000 for five acres of our property. We have questioned the appraisal value and have hired Jammal and Associates to look at what effect putting that road on these five acres will have upon our perc ponds. After an answer is received from Jammal it will be sent to Waller & Pardue for an appraisal. Processing of Development Requests: Manager Rozansky explained we are going to change the way we are processing our PUD development requests. Manager Rozansky said he is concerned with preliminary plans and final development plans,and the problem is the way we interpret the Code and send the plans to the Commission. He suggested all that is needed is a plat to show some of the things that are covered in the preliminary plan and then when they get preliminary plan approval they can have reasonable assurance and can then go on to do their final engineering. Manager Rozansky announced that Track Shack is going to have our Tuscawilla Trot. It will be on the 16th, and has been turned over to the Chief. . . . Regular Meeting, City Commission, Feb. 11, 1991 Page 5 90-91-9 Commission Seat IV - Terri Donnelly: Commissioner Donnelly asked for an update on the tire shredding business. Don LeBlanc, Land Development Coordinator, said the machine was gone all that was there was a tank. There was one dump truck loaded with shredded tires but no trailer. On Feb. 11, 1991, engineering for the water tank was submitted to the Building Dept. for review. Commission Seat V - Paul P. Partyka: Motion was made by Commissioner Partyka that a time limitation be put on the Agenda. 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. Motion was made by Commissioner Partyka we end all meetings by 11 o'clock and that if by chance we need to extend it it has to be unanimous. Seconded by Commissioner Donnelly. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, no; Commissioner Jonas, no; motion carried. Commission Seat I - Cindy Kaehler: Commissioner Kaehler spoke about the recent dedication of the Senior Center. She asked that a new plaque be obtained listing the Commission who initiated and followed through on the Building of the Senior center. The concensus of the Commission was to do away with plaques. Commissioner Kaehler also asked for an explanation as to why no deposit fees were paid for the rental of the Civic Center. Mayor Kulbes explained he called the Recreation Department to see if. the building was open for one hour on Thursday evening and they said yes it was. He then said he told them he would like to have it for a group meeting of some people; that is all he said and they said fine. The $35.00 has been paid and there is no violation at this time. Commission Seat II - Don Jonas: Commissioner Jonas suggested looking into the City paying the utility bills of any resident who is the head of a household and has been called into serve our Country. Commission Seat III - John Langellotti: Motion was made by Commissioner Langellotti to appoint Al Becker, 1208 Oxbow Lane to the Board of Adjustment. Seconded by Commissioner Kaehler. Discussion. Motion carried. Meeting was adjourned at 12:20 p. m. Respectfully submitted, ?ntUlfT~ Mary T. Norton, City Clerk A MAYOR