The URL can be used to link to this page

Home My WebLink About1975 08 04 City Council Regular Minutes /"'"' r ~t r "-. I~\ ~ 74-75 - 39 REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS August 4, 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 CouncibBan Browning. The pledge of allegiance to the flag was led by Councilman Daniels. Roll Call: Mayor Troy Piland, present Attorney Newman Brock, present Deputy Mayor Donald Browning, present Councilmen: Irwin Hunter, present Ernest Hendrix, present John Daniels, present Irene Van Eepoel, present Motion was made by Councilman Van Eepoel to approve the minutes of July 28, 1975 with a correction on Page 2, middle of the page add, "based on the Attorney's advice, Councilman Hunter voted no". Seconded by CouncibBan Hunter. Discussion. Vote on the motion: CouncibBan Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Planning & Zoning Report, Councilman Hunter reporting: Mr. Bradshaw gave the monthly report, a copy is on file. (Building Report) Finance Report, CounciLman Hendrix reporting: Councilman Hendrix gave the monthly finance report, a copy is attached to the minutes. Fire Department, Councilman Daniels reporting: A copy of the Fire Department report is on file. Motion was made by Councilman Daniels that the Fire Department be authorized to buy two 2-watt hand portable radios at a combined cost of something less than $1,000 and to include the purchase of two police department radios at $980 each. Seconded by Councilman Browning. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Councilman Daniels reported that the County Commission has approved our request for a Planner from CETA Funds and this will be available in September. Mr. Daniels also stated that the County Commission has told him they will provide pound services at no expense to the City; and they also encourage us to go with the County Animal Control program. Public Works Department, Councilman Van Eepoe1 reporting: Mr. Fred Roberts gave the monthly report, a copy is on file. Mr. Roberts thanked the County for the assistance on Hayes Road. Mr. Martin, a resident of Hacienda Village, offered his assistance to the Public Works Department in regard to the flooding of Gee Creek. Police Department, Councilman Browning reporting: Councilman Browning reported it was a routine month and a copy of the report is on file. Mayor Piland reported that the Comprehensive Development plan of Sanford is here in tee office. He asked that Council review the plan also the Zoning Board and the Planning Commission. We have 60 days to revjsw it and send in our comments to Sanford. ~ r r r r\ ~ Regular Session, City Council, Aug. 4, 1975 Page 2 74.75 - 39 Attorney Brock reported on the tabled motion of July 28, 1975 regarding the conditional use approval given the two churches. Attorney Brock said the Zoning Board voted to deny the conditional use application. Council held a public hearing and voted to allow the conditional use. Attorney Brock said what Council did was legal. Council has the discretion to change zoning as long as it meets "police power" in the constitution. The City Council has the discretion to allow a conditional use zoning. The problem now is can this governing body by a motion seek to have the matter re-heard again. Mr. Brock said he thinks they can but they will have a difficult tUne if the two bodies have done anything to change their position to any financial detrUnent or otherwise. And the next question, when do you stop something like this? Does it keep coming before Council again and again. It is only logical that there has to be a stopping point somewhere in our system. The"aggreived" can seek a declaratory judgment or some type of injunctive relief through Circuit Court, there are ways to remedy this act. This Council can only consider a motion and have that decided upon tonight about a re- hearing and the people backing the church can be denied due process if they have been damaged or their position been changed contingent upon the Council's approval of the zoning on that property. The following people spoke in reference to this conditional use. Councilman Daniels, Councilman Browning; Councilman Van Eepoel, Mr. R. Bradshaw, Attorney Brock, Mr. W. Parkhurst, Mr. Rick Stanley, Attorney representing a number of residents of the Ranchlands. He submitted a list of 41 names of persons who have retained hUn. He submitted a petition and spoke in behalf of the people against the conditional use approval. Other residents who participated in discussion were Mr. John Helzer, Mrs. Caviness, Mrs. Helzer, Mr. Sam Musgrove, Mr. Richard DeFazio, Mr. Caviness, Mrs. Daniels, Mr. Pellerin and Mr. Hunt. Councilman Daniels amended the motion made on July 28 to read as follows: Motion was made by Councilman Daniels that the two decisions concerning conditional uses of R-1AA zoned properties made on July 21, 1975 be set aside; that if the petitioners so desire an additional hearing be established at which time proper documentation be submitted aad the issue readdressed by the Council and request that the Attorney set up a public hearing for the earliest date providing that the petitioners so request. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman HendriX, no; Councilman DanielS, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Browning that if in the event the petitioners for the conditional land use in the Ranchlands elect to have a second public hearing on this conditional land use question, that the expense of notification and filing be borne by the City. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; CounciLman Van Eepoel, yes; Councilman Browning, aye; motion carried. Attorney Brock read the second reading of Ordinance No. 123 by title only. Motion was made by Councilman Hunter to adopt Ordinance No. 123 on the second reading by title only. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: CounciLman Hunter, aye; Councilman HendriX, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Counciiman Browning, aye; motion carried. " ---------- ~ ~ -' .. Regular Session, City Council, Aug. 4, 1975 Page 3 74-75 - 39 ,/ Motion was made by Councilman Hunter that the Council direct the Zoning Board to come up with a more streamlined version of handling the official zoning map as far as incorporation and other items. Seconded by Councilman Hendrix. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Mayor Piland recessed the Regular Session and opened the Public Hearing for Ordinance No. 124. Attorney Brock read Ordinance No. 124 in its entirety. Councilman Van Eepoel and Councilman Daniels spoke for the ordinance. No one spoke against the ordinance. Mr. Caviness spoke in discussion of the ordinance. Mayor Piland closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Daniels to approve Ordinance No. 124 on the first read_3g. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoe1, yes; Councilman Browning, aye; motion carried. Mayor's Office, Mayor Piland reporting: Mr. Don Smith has resigned from the Zoning Board and Mayor Piland asked for recommendations for next Monday night. Mayor Piland reported that he has asked Attorney Brock to look into the matter of discontinuing our Municipal Court. He also would like to lower the utility tax and find more ways for the County services to ae utilized. r Motion was made by CounciLman Daniels that the City advise the Seminole Baptist Temple concurrent with info~ing them of the setting aside of their conditional use approval that their building permits are temporarily suspended pending the rehearing on the conditional use application. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Van Eepoe1, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Van Eepoel to adjourn. Seconded by Councilman Hendrix. Motion carried. Respectfully submitted, ~-r; ~ Mary T. Norton, City Clerk Agproved: '-' MAYOR r --------