Loading...
HomeMy WebLinkAbout1975 06 09 City Council Regular Minutes I- .- ,r- t ( ',~ I ;, , ~ . I I; f i ~ I'-'. 7 4~ - 28 , ~. REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS JUNE 9, 1975 The Regular Session of the City Council of the City of Winter Springs, Florida was called to order by Mayor Troy Piland. The invocation was given by Councilman John Daniels. The pledge of allegiance to the flag was led by Councilman Irwin Hunter. Roll Call: Mayor Troy Piland, present Attorney Newman Brock, present Deputy Mayor Donald Browning, absent Councilmen: Irwin Hunter, present Ernest Hendrix, present John Daniels, present Irene Van Eepoel, present Motion was made by Councilman Daniels to approve the minutes with a correction on page 3, fourth paragraph from the last paragraph, third line, change the word "iw' to "to". Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoe1, yes; Councilman Browning, absent; motion carried. .. Mr. Mack Cleveland representing Western Land Planning Company for their development , "Crooked Creek" was present in response to the letter sent to Western Land Planning Company from Council denying their request for an extension on their project. Mr. Jack Cooper was also present to help answer any questions. Mr. Cleveland said that they wanted to continue construction, and he said they were here in the spirit of cooperation, and if Council would tell them how to do it that is what they want to do. Attorney Brock stated the position of this Council is clear; and Attorney Brock asked Mr. Cleveland how he felt that Western Land had abided by the ordinance in that \1 construction had started. Mr. Cleveland said he had based his opinion on what ~ Mr. Cooper and Mr. Anastasia have told hUn and he felt that construction had started within the required period of tUne. ; r Councilman Daniels stated that a decision several years ago to put the density of housing on that particular piece of property that is 998 units, which is just two short required by law to demand a D.R.I. is asking too much in view of the environmental aspects of that piece of property. Mr. Daniels said the gray area where Western Land has tefused at this Council's request to ask for a D.R.I.; and where Western Land has not given this Council a reasonable schedule, and the question "has construction begun?". Mr. Daniels stated that he is opposed to this development because it is too dense for that piece of property from an environ- mental standpoint. Councilman Van Eepoel stated that the property sat there for three years without a bulldozer even visiting it. A prior Council put into motion that the first step would be that the Hayes Road bridge would be fixed and that has not been done. When a group agrees to a condition as a first step, and if that first step is missed then everything else is not in order. And in the interest of the public health, safety, and welfare 998 units is not in the best public interest. Councilman Hunter stated he was the only Council member that voted in opposition to instituting this action against Crooked Creek because when the vote was taken, the Attorney advised all members of Council of the probability of losing if such court action were instituted by the Developer of Crooked Creek. Councilman Hunter felt that the representation by the City Cou ncil was of a just representation and that the City had an agreement with Crooked Creek and that is the reason he is the lone dissenter. ----- ( ~, ; ~ ~ I ~ i ,I ('\ /""'" . . Reiular ~ession, June 9, 1975 Page 2 74-75 - 28 Councilman Hendrix agreed with Councilman Hunter that on a legal technicality construction had started. Councilman Daniels said he didn't think that this Council would be fulfilling its responsibility to the citizens if they didn't do everything possible to stop development that they know is not good for this City; and this development of 998 units on that little piece of ground is not good for this City. Mr. Daniels said we may lose a battle but he will put his full support with Attorney Brock and the City to refuse that P.U.D. Plan. Mr. Pellerin, city resident, stated that he and the many residents present opposed the Crooked Creek development. Councilman Daniels asked Mr. Cleveland if Western Land would be willing to submit an alternative plan. Mr. Cleveland said that he would not recommend to his client that they submit an alternative plan. From the arguments that had been presented this evening, were things that would have been appropriate before Council approved the final plans. But they have already been done and for my client to present an alternative plan would be then conceding that we were not in compliance with what we are supposed to do under the P.U.D. ordinance. He said Western Land was not in a position to present an alternative plan. Attorney Brock again reminded Council that on April 3, 1972 the Village Council did change the zoning on the property from C-2 to P.U.D. and on September 9, 1974 the City Council accepted the final engineering plans subject to compliance with the City Engineer's letter. Councilman Daniels said the property is zoned P.U.D. and he would like to see a plan that carries out the P.U.D. The plan that was approved by a previous Council does not meet the requirements of P.U.D. planning. CouncibDan Daniels said that he believes their P.U.D. plan expired on March 9, 1975 and that is the issue at hand and if Western Land is going to contest the city's decision, then so be it. Perhaps Western Land will be willing to submit an alternative plan which possibly might be donducive to good housing in the City. Mr. Jordan, resident, spoke for the Development, stating that he was on two previous Councils and Zoning Boards when Crooked Creek Development started. It was the intent of the Councils and Zoning Boards to allow this development. Councilman Daniels asked Mr. Jordan if he recalled why Western Land submitted a lower density plan, and Mr. Jordan said because Council wanted a lower density and also to get under the l,OOO u nit required for a D.R.I. Mr. Pellerin presented a petition and a copy is attached to the minutes. Councilman Hunter said he was basing his stand on a legal technicality and that Crooked Creek plan exists and can be substantiated in Court. He said the proper approach is to establish an ordinance to prevent future happenings such as this. Mayor Piland said that Western Land's plan is no longer approved; and Attorney Brock pointed out the zoning is still valid, it is their P.U.D. plan that is invalid. ~ ,r'"" f'. I","" Page 3 74-75 - 28 Regular Session, June 9, 1975 Councilman Van Eepoel asked Attorney Brock if the prerogative of changing the zoning on that property by initiative does not rest with the Zoning Board and ultimately the Council without petition by the property owners? Attorney Brock said he would review this and give us an opinion at neKt week's meeting. The scheduled public hearing for a change of zoning requested by Florida Land Company was cancelled because Florida Land withdrew their request. (Old Sewer Plant from C-2 to R-3) Sharon Patrick read the letter to Council from the Planning Commission requesting a professional planner. She also read the minutes of the Planning Commission meeting. Motion was made by Councilman Hunter that I be allowed to formulate a budget for the Planning Commission next year and to facilitate the reporting of this Planning Commission directly to the Mayor and City Council. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, absent; motion carried. Attorney Brock discussed the seventeen questionable items regarding annexations and zoning and a copy of his report is attached to the minutes. Attorney Brock asked Council for some time to study the annexation problems to resolve them. (Southeast Metalcraft, Winter Springs Elementary School and the r-' Piloian property.) Motion was made by Councilman Daniels that the city clerk be directed to set up a public hearing to review and approve the new city zoning map to be held July 7, 1975. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, absent; motion carried. The motion of May 12, made by Councilman Van Eepoel to accept the recommendations of the Planning Commission and set up a public hearing for the ordinance that is required by law. Seconded by Councilman Hunter. Discussion. This motion was tabled. The motion was again tabled on May 19, 1975. In discussion of the motion at the meeting of June 2, 1975, motion was made by Councilman Hunter that the intersection of Red Bug and Tuscawilla and the road of Tuscawilla, the area to the city lUnits, be included in the plAnning jurisdiction. Seconded by Councilman Browning. Discussion. Motion was made by Councilman Hendrix to table. At the meeting of June 9, Councilman Daniels made amotion to table this until the City Attorney can research and compare the new state wide land use planning act with the Seminole County Planning Act to determine that there is or is not a conflict between the two plans and then 1 would refer each of you to the statement on conflict in the letter from Vince Fechtel. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, absent; motion carried. ./ r r r r' /" . . Regular-Session, June 9, 1975 Page 4 74-75 - 28 Motion was made by Councilman Daniels the City Attorney be instructed to research and compare the two land use legislative bills to determine if there is or is not a conflict between the two, and to request an opinion from the State Attorney's office. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Council- man Van Eepoel, yes; Councilman Browning, absent; motion carried. Attorney Brock answered Councilman Van Eepoel's questions pertaining to the. Planning Commission. You do need an ordinance stating what your municipal jurisdiction is and in Section 5, page l3, the unincorporated area that is adjacent to an incorporated municipality, they can, by the County Commission and City Commission agree on a formal joint agreement, but the combination is got to be formally adopted by a public hearing. Motion was made by Councilman Hunter to extend the meeting until lO:30 p. m. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman HendriX, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, absent; motion carried. Councilman Daniels read the report of the Recreation Committee which is attached to the minutes. Motion was made by Councilman Daniels that we declare the purchase of this recreation equipment an emergency type purchase in view ~f the fact that this program is scheduled to start on June 16th and it can ~t start without equip- ment, and the public hearing to transfer funds will be,.ld after this date and 1 feel that.it is of sufficient Unportance to the residents of this city to be considered art emergency. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, no; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, absent; motion carried. Motion was made by Councilman Hunter that the recreation program as presented be approved, and that the City hire Mr. Larry Miller as a temporary city employee to operate the program. He is to begin June 16, 1975 for two months at a salary of $550.00 per month. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye;. Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Counc~man Browning, absent; motion carried. Motion was made by Councilman Daniels to extend the meeting no later than 11:00 p.m. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, no; Councilman Daniels, aye; Councilman Van Eepoel, no; Councilman Browning, absent; Mayor Piland, yes; motion carried. Mayor Piland asked that copies be given to all Councibnen of the Resolution from the County regarding double taxation; the Federal Insurance Administration invita- tion and the le~~e~ from Cal Conklin in reference to flood insurance. Motion wa$ made by.CoubCil~n Hunter to adjourn. Seconded by Councilman Daniels. Motion carried. . . Approved.: .. Respectfully submitted, ~;r;~ Mary T. Norton, City Clerk -'