HomeMy WebLinkAbout1991 06 10 City Commission Regular Minutes
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
JUNE 10, 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
The invocation was given by Commissioner Terri Donnelly. The pledge of allegiance
to the flag was led by City Attorney Frank Kruppenbacher.
Motion was made by Commissioner Partyka to approve the minutes of May 13, 1991.
Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner
Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner
Donnelly, aye; Commissioner Partyka, aye; motion carried.
Public Comment:
Joe Genova, Addidas Road, spoke about the article in the Orlando Sentinel regarding
the development of the Vistawilla Drive extension.
. Glenn Childs, Wildcat Court, asked to reserve a time for discussion for Ord. No. 495.
Harold McBirney, Northern Way, wanted to make a statement on the Pitt Variance.
Steve Chase, Lake Proctor Court, Geneva, said he was ordered here by the Seminole
County Court System because of a not guilty plea on a speeding ticket. He said he
did not feel the signs were properly placed, and he publicly apologized to Chief
Govoruhk.
Elizabeth Stergon, Panama Circle, said she was cited for a violation of Art. 1,
Sec. 17-1, which is obstructing streets and sidewalks, for having a basketball
goal facing the street. She was asked to turn her information over to the City
Manager and he would look into the matter.
Moti Khemlani, representing Tuscawilla Homeowners Association, spoke about the
districting map. He said he would like to go on record to let the homeowners know
that as their representative he would like to see this Commission take a very very
serious look at the proposal made by Mr. Jacobs. He also spoke about the planned
unit development zoning of the Tuscawilla PUD.
Determination of Property Owners rights to construct guest cottages on ten acres:
City Attorney Kruppenbacher explained several weeks ago he was asked to look into
the issue of whether or not the owner of the Tuscawilla Country Club would be
permitted to construct ten acres of what is termed "guest cottages" on property
that is adjacent to and included within the area presently placed on the map as
"country club, club house facilities."
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After reviewing the documents, Attorney Kruppenbacher said he has found two
arguments made by the property owner which are: at the time the property was
annexed there was a data summary sheet that showed ten acres of guest cottages,
and that would form the basis for vested rights, and the second, any language on
the current official map of the City which does not show the ten acres of guest
cottages being where they are proposed was simply a ministerial change and not a
change in intent by the City.
Attorney Kruppenbacher said he does not see the weight of the argument that there
are ten acres of guest cottages that he is entitled to. Attorney Kruppenbacher
recommended the Developer be told, that based upon the evidence that was presented
that the proposed project is not within any vested rights that he holds. He can
then file a declaratory judgement action if he so decides and proceed to recon-
ciliation of that issue with the court.
Jim Mikes, representative and shareholder owning the stock of Florida Country Clubs
Inc. which is the owner of the 244 acres which includes 190 acres devoted to the
Tuscawilla Country Club, spoke to the Commission. Mr. Mikes said he contends the
1971 plan is still in effect with respect to the 244 acres. He spoke in reference
to his letter to the City Commission which is attached to these minutes.
Joe Genova, Addidas Road, Joseph Bozic, Carrington Court, Judy Mostow, Augusta
National Boulevard, Buddy Laub, Blue Spruce Court, Bob Ceruti, Arabian Ave.,
Richard Denny, Pebble Beach Circle West, Moti Khemlani, Tuscawilla Homeowners
Association, Roger Owen, Nancy Circle, all spoke against the proposed project.
Motion was made by Commissioner Partyka that the current developer/owner does not
have the right to build guest cottages on the ten acres that we discussed today.
Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner
Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner
Kaehler, aye; Commissioner Jonas, aye; motion carried.
Mayor Kulbes called a recess at 9:15 p. m. and called the meeting back to order at
9:30 p.m.
Public Hearing Prior to Transmittal of 1991 Comprehensive Plan to State of Florida
for Review and Comment: 1. Land Use/Population Projections; 2. Traffic Circulation;
3. Housing; 4. Recreation and Open Space; 5. Conservation; 6. Infrastructure-Potable
Water, Sanitary Sewer, Solid Waste, Storm Drainage, Groundwater Aquifer recharge;
7. Capital Improvements; 8. Intergovernmental Coordination:
Mayor Kulbes said our Plan is now complete with all necessary attachments and a legal
review has been completed and the Plan has been found to be in compliance with the
Florida Statutes. Mayor Kulbes opened the floor for comments from the audience.
Robert King, Black Hammock, Jose Goetz, Black Hammock, Cindy Thomas, Spring Avenue,
Mosia Metcalf, Boat Club Road, all spoke in regard to environmental issues. No one
spoke against the plan.
Mayor Kulbes announced there will be another public hearing on the 1991 Comprehensive
Plan in the Fall.
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Vote to Transmit 1991 Plan to DCA for Review of Compliance with F.S. 163 Requirements:
Motion was made by Commissioner Langellotti to transmit the 1991 Comprehensive Plan
to the department of Community Affairs. 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.
Request of Attorney Reischmann to request reconsideration of Ord. No. 495:
Attorney Reischmann said he has given the Commission some documents that summarize
the request of Mr. and Mrs. Pitt. He said they are asking for an opportunity to
reapply to vacate a portion of a utility and drainage easement lying in the back
yard of Mr. & Mrs. Pitt's property, and during the time for the administrative
process to go forward on that rehearing on an amended ordinance, we would ask
that the Code Board be directed to withhold any further proceedings. Attorney
Reischmann submitted the original waivers from all of the utility companies
concerning the application; a memorandum from then Commissioner Jacobs to City
Attorney; original petition containing over 60 names and signatures of Mr. & Mrs.
Pitts' neighbors requesting the City's approval of his application to vacate a
portion of the easement; Mr. Pitt's application and an entire copy of the Notice
of Restrictions on real estate for Unit 9 which is that portion of the Tuscawilla
P.U.D. in which his property is located.
Glenn Childs, Architectural Review Board Chairman, and Harold McBirney, Northern Way,
spoke against the request.
Mr. Pitts, Tuscora Drive, spoke about his actions and oversights.
Moti Khemlani, Tuscawilla Homeowners Association, also spoke against the request.
Motion was made by Commissioner Kaehler to table and continue this issue until the
next meeting. 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.
Motion was made by Commissioner Partyka that the meeting continue until we complete
in light of extenuating circumstances. Seconded by Commissioner Langellotti; motion
carried.
Mayor Kulbes called a recess at 10:55 p.m. and called the meeting back to order at
11:05 p.m.
Central Winds Park-Additional Engineering Design for S.R. 434 Entry:
Jim Van Ostran, Webb & Associates, said he has given the Commission a couple of
memos that kind of brings them up to date. He said they have come up with an
alternative alignment in order to cut costs. D.O.T. has given a lot of additional
requirements to take care of and ran the costs very high. He said we do not have to
build a maintenance road and he said they will build the new road as a close by-pass
so that the existing road can be used for maintenance and traffic while it is being
built. He estimated from $40,000 to $50,000 dollars in construction costs can be
saved by this alternative. This agreement is in the amount of $25,275, for
additional engineering design for S.R. 434 entry.
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Motion was made by Commissioner Langellotti that we approve the agreement.
Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner
Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner
Donnelly, no; Commissioner Partyka, aye; motion carried.
Public Hearings and Second Readings:
Ord. No. 502, annexation of D.Bergstresser, Lots 1, 2 & 3, (less road) Blk. B,
Johnson's Poultry Farms, etc.
Ord. No. 503, annexation of Ned & Thelma Voska, Lots 4, 5 and 6, Blk. B, Johnson's
Poultry Farms,etc.
ord. No. 504, repealing Sec. 2-194, Disposal of Surplus Property of Art. VI. Finance and
providing for new Sec. 2-194, Disposal of Surplus Property, etc.:
Attorney Kruppenbacher read Ord. Nos. 502, 503 and 504 by title only on second reading.
Mayor Kulbes recessed the Commission Meeting and opened the Public Hearing for Ord. No.
502 and 503. No one spoke for or against the ordinances. Mayor Kulbes closed the
public hearing and reconvened the Commission Meeting.
Motion was made by Commissioner Kaehler to adopt Ord. No. 502 and 503. 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.
Mayor Kulbes recessed the Commission Meeting and opened the public hearing for Ord.
No. 504. No one spoke for or against the ordinance. Mayor Kulbes closed the public
hearing and reconvened the Commission Meeting.
Motion was made by Commissioner Partyka to adopt Ord. No. 504. Seconded by Commissioner
Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye; Commissioner
Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner
Langellotti, aye; motion carried.
Annual Certification of Zoning Map:
Don LeBlanc, Land Development Coordinator, said there was only one change and that was
Ord. No. 497, property at the corner of Hayes and S. R. 434.
Motion was made by Commissioner Partyka that we certify this annual reV1Slon of the
zoning map. Seconded by Commissioner Langellotti. Discussion. Vote on the motion:
Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye;
Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried.
City Manager Richard Rozansky:
Amendments 12 and 13 to CPH Agreement:
Motion was made by Commissioner Langellotti, seconded by Commissioner Partyka, to
approve amendments 12 and 13 to the Conklin Porter & Holmes Agreement. Discussion.
Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner
Langellotti, aye; Commissioner Donnelly, no; Commissioner Partyka, aye; motion carried.
Pension Plan and Audit Agreement-FY 1990-1991 were removed from the Agenda.
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Commission Seat I-Cindy Kaehler:
Commissioner Kaehler spoke about the issue of cutting grass and doing it on a
continuing basis for those properties that are continually a nuisance. Commission
was in agreement to have the Attorney bring back an ordinance that minimizes the
expense to the City and solves the problem.
Commissioner Kaehler asked about the meeting with the County Commissioners to discuss
the inter local agreement (road maintenance) and Manager Rozansky explained he would
like to wait until Orange Avenue is completed.
Commission Seat II-Don Jonas:
Commissioner Jonas announced the Citizens Alert Program was officially started today,
and he thanked Commissioner Donnelly, Commissioner Langellotti and Sue Coffmann for
their assistance. Commissioner Jonas said he would make his appointment to the BOWS
Board at the next meeting.
Commission Seat III - John Langellotti:
No report.
Commission Seat IV - Terri Donnelly:
Commissioner Donnelly said she would make her appointment to the BOWS Board at the
next meeting.
Commission Seat V - Paul P. Partyka:
Commissioner Partyka spoke about rezoning the Tuscawilla P.U.D.
Motion was made by Commissioner Partyka to rezone the PUD in Tuscawilla to R-lAA
subject to further discussion. Seconded by Commissioner Langellotti. Discussion.
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Attorney Kruppenbacher explained as the motion is phrased, it can not be legally
passed. He explained that a public body has the right to administratively rezone
property. That right is taken away if the owner can establish vested rights.
Attorney Kruppenbacher said this issue has to be addressed parcel by parcel.
Motion and second were withdrawn
Motion was made by Commissioner Partyka to have you bring back with the Staff any
recommendations regarding rezoning of any undeveloped parcels less those covered
by the Settlement Agreement. Seconded by Commissioner Langellotti. Discussion.
Vote on the motion: Commissioner Jonas, aye; Commissioner Langellotti, aye;
Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye;
motion carried.
Mayor's Office:
Motion was made by Commissioner Partyka that Mayor Kulbes be named the voting
delegate at the Florida League of Cities Convention. 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.
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Approval of distribution of Grant Funds-FY 1991-1992 Anti-Drug Abuse Grant Act of
1988 application:
Motion was made by Commissioner Partyka that we give them the letter of local
government approval for distribution of the grant funds. Seconded by Commissioner
Langellotti. Discussion. Vote on the motion: Commissioner Donnelly, aye;
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Regular Meeting, City Commission, June 10, 1991
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Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye;
Commissioner Langellotti, aye; motion carried.
Mayor Kulbes said he would have recreational vehicles on the Agenda for June 24.
Attorney Kruppenbacher announced that the City has been sued by Resolution Trust
Corp. and asked Commission's approval to represent the City. Commission was in
agreement.
Meeting adjourned 12:05 p.m.
Respectfully submitted,
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Mary T. Norton,
City Clerk
,MAYOR