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HomeMy WebLinkAbout1991 08 12 City Commission Regular Minutes . . . 90-91-22 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 12, 1991 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Philip A. Ku1bes at 7:30 P.M. Roll Call: Mayor Philip A. Ku1bes, 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 Lange11otti, present Terri Donnelly, present The invocation was given by Commissioner Don Jonas and the pledge of allegiance to the flag was led by Mayor Philip A. Ku1bes. There were no additions or corrections to the minutes of the Regular Meeting of the City Commission meeting of July 22, 1991. The minutes stand approved as submitted. Public Comment: Mayor Ku1bes presented Nick Samaro with a plaque stating "Congratulations Nick Samaro National USA Wrestling Championship First Place Greco Roman Style in the 14 year category". Paul Roloff, Morton Lane, spoke about a drainage problem at his home. He is to contact the City Manager. Joe Genova, Addidas Road, spoke about the Budget Workshop on Aug. 5th. General Agenda: Public Hearing for Ord. No. 506, amending Sec. 20-431(1) a. and f. of Winter Springs Code of Ordinances; providing for the parking of recreational vehicles, etc. Second Reading (Continued 7/22/91): Mayor Ku1bes recessed the Commission Meeting and opened the public hearing for Ord. No. 506. Attorney Kruppenbacher read Ord. No. 506 by title only on second reading. Cindy Genne11, Wildwood, asked what the change in the ordinance was. John Ferring, Baltic Lane,said this should be looked into very closely. Mayor Ku1bes closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Partyka that we do not approve Ord. No. 506. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jonas, no; Commissioner Lange11otti, aye; Commissioner Donnelly, no; Commissioner Partyka, aye; Commissioner Kaehler, aye; motion carried. Public Hearing for Ord. No. 507, amending the 1990-1991 FY Budget, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 507 by title only on second reading. City Manager Rozansky explained several changes were made in the Recreation Department. In General Government, $10,000 was added to the Pension Reserve and adjusted the Unemployment Compensation to $4,100. . . . Regular Meeting, City Commission, Aug. 12, 1991 90-91-22 Page 2 The concensus of the Commission was that any time there is a significant change, plus or minus in the Budget, there should be a simple statement or footnote explaining the change. Motion was made by Commissioner Langellotti to adopt Ord. No. 507. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. Request of Highlands Homeowners Association for reconsideration of sidewalk: Mel Glickman, president of the Highlands Homeowners Association, spoke in regard to this matter. Mr. Glickman read his statement as follows: I have been rather quiet on the past few meetings on this matter, and I hope you will allow me some time to discuss this matter as well as some of the concerns of the Highlands residents. We realize this is not that important a subject for the Commission's consideration. It may be an earth moving matter, certainly not an earth shattering one but this may be symptomatic of a far greater problem in the way the Commission is handling the request for motions in general or considering the Highlands in particular. If so, I hope my comments will help lead to a satisfactory conclusion for all of us. If you will recall a large group of Highlands residents tried to have the original plan for the extension of Shepard Road changed for a variety of reasons, residents safety being number one. When that request was denied, they were placated somewhat by the knowledge that at least there would be a sidewalk when the road would be extended. In January at the 11th hour, a request for a variance on the Shepard Road sidewalk was presented to the Commission by Florida Land on a Friday and was then approved on a vote on Monday. The Highlands Executive Director discovered this motion had been passed and requested time at the July 8th meeting to ask for re- consideration of the sidewalk. Were it not for her diligence we might have had real problems in explaining to Highlands residents how this could have happened. At that meeting she pointed out the errors in the letter presented by Florida Land's engineering firm. After some discussion the City Attorney said that if there were any misrepresentations made to the Commission he would "come down hard on them". I question how. Then he stated that regardless of whether the Commission was right or wrong in voting for the variance the vote could not be changed if it caused hardship for the developer. What kind of hardship can there be? The sidewalk was in their original plan for the Highlands Lake Subdivision. Commissioner Partyka said he would really like to hear if any misrepresentations were made to the Commission. Mr. Kruppenbacher suggested that the City Engineer should get together with Kitty Degrenia to review the points made in the engineering company's letter. Why wasn't this done before this matter came before the Commission in the first place? Anyway this was now tabled until the July 22nd meeting. At that meeting the sidewalk was discussed again. After some facts were presented showing that there were misrepresentations in the engineering letter, Commissioner Partyka innocently inquired why would a developer do that to which Commissioner Kaehler was quick to give him the obvious answer, to save money. This is the same Commissioner Partyka who was a party to insisting of two hours of discussion at the July 8th Commission meeting on a matter that properly belonged before the Planning & Zoning Board. And what was that great uproar all about? . . . Regular Meeting, City Commission, Aug. 12, 1991 Page 3 90-91-22 Look what the developers are doing in Tuscawilla! We better change the building codes to protect the Tuscawilla residents. Yet Commissioner Partyka cannot understand what a developer might be doing in the Highlands to save money. This brings me to another point. Speaking for many of the Highlands' residents we may sometimes get paranoid the way the Commission responds to Tuscawilla problems as opposed to the manner in which Highlands' issues are handled. The Highlands may not have the numbers, the affluence, the movers and shakers or the eloquent speakers that appear at Commission meetings to represent Tuscawilla, but the Highlands PUD does have more than 2,000 residents and we sometimes get the impression that our problems are not being addressed in quite the same manner or speed as Tuscawilla's. Case in point, the garage door fiasco that has been going on for years in Greenspointe. Sometimes we even feel invisible. I remember a meeting I attended at City Hall with Kitty Degrenia, Jim Conger, who was then president of the Highlands Homeowners Associaiton, the City Manager, the Police and Fire Chiefs, various members of the Staff and Gerald Chancellor, Florida Land Company. The meeting was held to discuss an alternate plan to the Shepard Road extension as part of Florida Land's plan for Highlands Lakes. To this day there are members of the Staff that don't even remember that this meeting ever occurred, but back to the Shepard Road sidewalk. At the July 22nd meeting just when it appeared that a vote would be taken Commissioner Donnelly & Partyka both wondered why a representative from Florida Land was not present. Maybe they did not know this was going to be discussed and maybe they should have a chance to defend their position. Let's table the matter again until August 12th. Maybe they will show up then. This even though as I understand it, an item listed on the meeting agenda constitutes public notice, even though as I have been told Commissioner Jonas had mentioned to Gerald Chancellor before the July 8th meeting that the Highlands intended to fight this variance. Here we are for the third time and again on the agenda. How come there was no such concern for the Highlands position on this sidewalk when this motion first came up in January and wasn't even an agenda item? I don't want it to sound like the Highlands has any problems with developers the way Tuscawilla does. Our dealings with them all have been generally most cordial. They usually exceed whatever we ask of them and we can understand when a developer tries to save a few dollars. What we can't understand is how the Commission could have let this pass. Yes mistakes were made. Florida Land's engineering company made mistakes in the letter that was presented to the Commission. The City Engineer made a mistake when he approved the original request without checking out the claims made in the letter. But worst of all the Commission made the mistake of acting hastily and thoughtlessly and rushing to approve this variance. When was the last time a request for a motion was offered on a Friday and passed on a Monday? You now have the opportunity to rectify these mistakes by a simple vote. We trust you will do so at this meeting. The City Engineer discussed the issues in Mr. McBriarity's letter of January 25th and said he could not see any misrepresentations. Gerald Chancellor, Florida Land Company explained he had no knowledge that this item was on the agenda. He explained if we can leave a 16 foot buffer on the east side of Shepard Road with the existing vegetation and trees in there, and have the gas line . Regular Meeting, City Commission, Aug. 12, 1991 Page 4 90-91-22 on the west side of the road, and work it out with the utilities and Utility Department, then we should put it on the west side of the road. If we can not, it is going to have to go on the east side of the road. City Attorney Kruppenbacher asked Mr. Chancellor, "as I understand it right now, you correct me if I am wrong, you have no trouble with agreeing with the Commission to consider the variance on the sidewalks null and void and at the time you come forward regarding the development of this road, if the Commission wants sidewalks on both sides of the road at that time, you will be glad to do what they require and if they do not, you will not, am I correct?" Mr. Chancellor answered, "correct, and we will look to meet with the City Staff." Motion was made by Commissioner Partyka, based upon the agreement of the Developer, that the previous variance that was requested and approved is rendered null and void, and that the construction of the road shall be in accordance with the City requirements and at the time you get ready for approvals, he has represented to you if you want two sidewalks, you can have them and he will do it. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; Commisisoner Kaehler, aye; Commissioner Jonas, aye; motion carried. Mayor Kulbes called a recess at 9:10 p.m. and called the meeting back to order at 9:20 p.m. . Resolution No. 661, appointing Trustees to the Board of Trustees, etc. (Tabled 7/22/91): Attorney Kruppenbacher read Resolution No. 661 by title only. Motion was made by Commissioner Partyka to terminate all current Pension Board of Trustee members effective today. Seconded by Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Partyka, aye; Commissioner Kaehler,aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; motion carried. The Commissioners each nominated a representative on the Pension Board of Trustees as follows: Commissioner Kaehler nominated Art Hoffmann Commissioner Don Jonas nominated Seymor Berman Commissioner John Langellotti nominated John Ferring Commissioner Terri Donnelly nominated Bill Jacobs Commissioner Paul Partyka nominated William Dickey Motion was made by Commissioner Kaehler to approve Resolution No. 661 inserting in Section 1 those five names. Seconded by Commisisoner Langellotti. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. Resolution No. 670, expressing appreciation to Ruth E. Smith, etc.: Motion to adopt Resolution No. 670 by Commissioner Kaehler. 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. . Regular Meeting, City Commission, August 12, 1991 Page 5 90-91-22 . Resolution No. 671, expressing appreciation to John Horan, etc.: Motion was made by Commissioner Partyka to adopt Resolution No. 671. Seconded by Commissioner Langellotti. Discussion. Vote on the motion: Commissioner Langellotti, aye; Commisisoner Donnelly, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Jonas, aye; motion carried. First Reading of Ord. No. 508 amending Article V, Design Standards, Sec. 9-296, etc.: Attorney Kruppenbacher read ord. No. 508 by title only on first reading. Approval of contract to update Transportation Impact Fee Ordinance-Tipton Associates: Motion was made by Commissioner Partyka to approve the contract subject to legal approval, and approving the fees to come from the impact fees that are collected to be expended for this purpose. 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. Episcopal Church of the New Covenant Extension-Final Engineering Approval/Disapproval: Motion was made by Commissioner Partyka that we approve final engineering for the Episcopal Church of the New Covenant extension subject to the comments from Staff. Seconded by Commissioner Donnelly. 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: Arbor Violation - deleted from this Agenda because the applicant was not notified. Police (Sec. 391.8) and Fire (Sec. 396.8) Impact Fees: Manager Rozansky explained in accordance with the Ordinance, once a year the City Commission has to review our police and fire impact fees. This will be reviewed during the budget meetings. This is formal notification that we are reviewing it. Reports: Don LeBlanc reported the Groundbreaking Ceremony for Central Winds Park is scheduled for 10 a.m. on Wednesday, August 14, 1991. Manager Rozansky reported on the about the problems regarding the our Agreement with the County. Attorney look at that agreement vandalism at the parks. Manager Rozansky spoke areas in the County that we maintain because of The concensus of the Commission was to have the to see if it could be renegotiated. Motion was made by Commissioner Langellotti that we put on the agenda the Florida Power Easement for Central Winds Park. Seconded by Commissioner Kaehler. 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 Kaehler to approve the Florida Power Easement at Central Winds Park. Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner Jonas, aye; Commissioner Langellotti, aye; Commissioner Donnelly, aye; Commissioner Partyka, aye; motion carried. . The City Attorney said he has looked into the issue of lawns that have become problems and said he will bring an ordinance at the next meeting. .. . Regular Meeting, City Commission, Aug. 12, 1991 Page 6 90-91-22 Attorney Kruppenbacher recommended that anytime anybody takes action that you believe is adverse to you as a result of your exercising your official responsibili- ties as a City Commissioner, that you report that adverse action to the Police Chief, and the Police Chief be requested to refer to the State Attorney. Attorney Kruppenbacher said the status of the School Board issue, they are not going to pay for what they believe are impact fees, so that is still being discussed. Commission Seat V - Paul P. Partyka: No report. Commission Seat I - Cindy Kaehler: Commissioner Kaehler said there has been a lot of speculation whether or not she would be running for re-election, and as of this date, she has not made that decision yet. Commission Seat II - Don Jonas: Commissioner Jonas said he wants to know why it took a month from the time we agreed to everything that we are finally getting the ball rolling. Don LeBlanc, LDC, explained the contractor could have started site clearing the day the contract was signed; however, he chose not to do so until he had his permit. The building permit was not issued because energy calculations were not submitted by the architect and the ball was dropped on the septic tank; because of the relocation of drain fields more testing had to be done. As soon as all that information was gathered, they were given their notice to proceed on Aug. 14th at Central Winds Park. . Commission Seat III - John Langellotti: Commissioner Langellotti asked about the incident in Greenspointe and Attorney Kruppenbacher said he would have a status report at the next meeting. Commission Seat IV - Terri Donnelly: Commissioner Donnelly reported the first impact fee School Board Study meeting was held last Monday evening. She said by the 29th they should be ready with recommenda- tions for an interim impact fee. Mayor's Office: Mayor Kulbes called a Budget Workshop Meeting for Aug. 14, 1991. Attorney Kruppenbacher said following this meeting the Commission will convene in executive session pursuant to F. S. 447. Executive Session means the matter is closed to the public. It is for the purposes of solely discussing collective bargaining with the union that represents the firefighter collective bargaining unit. Meeting was adjourned 10:10 p.m. Respectfully submitted, d: ~r~ Mary T. Norton, City Clerk . .~~ ,MAYOR