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HomeMy WebLinkAbout1977 12 14 City Council Regular Minutes 77 -78-9 REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS DECEMBER 14, 1977 The Regular Session of the City Council of the City of Winter Springs, Florida was called to order by Deputy Mayor John Daniels. The invocation was given by Councilman Sines. Roll Call: Mayor Troy Piland, late Deputy Mayor John Daniels, present City Attorney Gary Massey, present Councilmen: Don Sines, present Burt Logan, present Larry Pellerin, present John Sabatini, present Motion was made by Councilman Sabatini to approve the minutes of December l, 1977. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Sines to approve the minutes of December 5 with one addition on the third page, last large paragraph; add "Seconded by Councilman Daniels". Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Due to the Girl Scouts Christmas Program invitation, Mayor Piland arrived at 7:40 p.m. - Finance & Election Report - Councilman Daniels Councilman Daniels reported we are in good financial condition. We have received almost 11% of our income and have spent thus far through the month of November just a little bit more than 11%. Motion was made by Councilman Daniels that we establish a resolution to pinpoint the holiday schedule for next year and add this as a supplement to our Personnel PoliCY. That this resolution include the following days as official City holidays for the year: May ~9, 1978, Memorial Day; July 4; Labor Day, September 4, 1978; Thanksgiving November 23 & 24, 1978; Christmas December 25 and 26, 1978: and New Year's Day, January 1, 1979. Seconded by Councilman Pellerin. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Councilman Daniels discussed his reason for not signing the draft for reimbursement of salaries for the coordinator for the EDA Grant. Motion was made by Councilman Daniels that we ask E.D.A. in Atlanta to grant us an extension of the December 31 close-out date until such time as we can finalize this particular payment reimbursement to the City. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Councilman Daniels asked that a bill be sent to the users of the Community Building on December 13 for damages. We also need to know what time the Building was closed. The use of & Fees for Community Building is to be discussed at a Workshop Session in January. Reg. Session, City Council, Dec. l4, 1977 77 -78-9 Page 2 The Planning & Zoning Report was deferred to item 17. Police Department Report, Councilman Pellerin: The Police Chief reported that a copy of his report has been distributed. Motion was made by Councilman Daniels that we withdraw the preliminary approval of Tuscawilla Unit VII. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Fire Department Report - Councilman Logan: The monthly report has been distributed and a copy is on file. Motion was made by Councilman Daniels that we refuse or not award a bid on our advertisement for quotation for repair on our 1956 Ford American LaFrance Fire engine. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that the Fire Chief be instructed to review the specifications for the repair, and renovation of that particular fire truck to put it into a good condition and that he have these specifications completed and at the time they are completed that we readvertise for the work on the specifications sheet. Seconded by Councilman Sabatini. Discussion. In.discussion, Councilman Daniels requested the Fire Chief ask for incremental pricing. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. - Public Works Report - Councilman Sabatini: The monthly report has been distributed. Councilman Sabatini reported on the Building Department report. Mayor Piland reported on the reconsideration of Commissioner appointments. Mayor Piland said based on the fact that Council has asked for an opinion from the Attorney General, his appointments will remain until we get that opinion back. He said, "If it comes back and rules you are correct in your feelings, then you can make your own appointments. If he rules that I am correct, I will reconsider these appointments." He said there was no point to make any changes and then proceed getting a legal opinion from the Attorney General. Mayor Piland said that based on those comments his appointments will remain the same. Attorney Massey presented the letter he composed for Council's approval to send to the Attorney General. Councilman Sines disagreed with the last paragraph. Councilman Daniels said it is one-sided. Attorney Massey said he laid out the factual situation. Motion was made by Councilman Sabatini that the letter as presented this evening to the Honorable Robert Shevin be submitted as received. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Sines, no; Councilman Logan, yes; Councilman Daniels, no; Councilman Pellerin, no; Councilman Sabatini, yes; motion failed. Reg. Session, City Council, Dec. 14, 1977 77 -78-9 Page 3 Motion was made by Councilman Sines that the letter be placed on the agenda for the next Workshop Session and come up with what we think is a fair representation. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Sines that the Workshop meeting for December 2l and Council Meeting for December 28 be discontinued and the next meeting will be Wednesday, January 4, 1978 and that the meeting be divided with a Workshop and a short agenda Council Meeting and then we would be into our Workshop~eeting schedule. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that we re-affirm our last official Council action at the meeting of December 5 to continue the supervision of the operations of the departments of the City until this matter is resolved. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. Motion was made by Councilman Sines to accept the resignation of Larry Pellerin from the Board of Adjustment. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. - Mayor Piland asked Council for recommendations to fill this position to be submitted at the next meeting for appointment to that Board. Motion was made by Councilman Daniels that we sign the Solid Waste Inter-Local Agreement as written. Seconded by Councilman Sabatini. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Attorney Massey reported that the Planning & Zoning Board appointments that were made can not be reverted. The ordinance does not call for removal, not without cause; however, the ordinance for the P&Z Board could be changed by Council action. This item is to be on the Workshop agenda to work out the details to give the Attorney to draft the ordinance to restructure the P&Z Board. Planning & Zoning Board Recommendations: Amenities Package for Tuscawilla P.U.D.: Motion was made by Councilman Sines that we accept the plan as presented and that it be entered as part of the Tuscawilla Development for all to see. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Request to Add 2.36 acres to Tuscawilla P.U.D. Unit #5: Motion was made by Councilman Sines that we accept with the understanding that these are the proper notices of restrictions. Seconded by Councilman Sabatini. In >,""-" ~ Reg. Session, City Council, Dec. 14, 1977 77-78-9 Page 4 discussion, Councilman Daniels said "this is an addition of one lot to Unit 5 and that its owners will conform to the total restrictions that have been placed on other lots of Unit 5 and all current owners of those lots now existing in Unit 5 concur with this addition." Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Review of Preliminary Development Plan/Jon Zabel Tract on Bahama Road: There was discussion of the preliminary plat. Attorney Tom Freeman represented the owners of the property. Councilman Sines said the Zoning Board's recommendation was that Council hold a public hearing. Motion was made by Councilman Sabatini that the preliminary plat be approved as presented this evening. Motion died for lack of a second. Motion was made by Councilman Sines that we direct the Attorney to set a public hearing at the earliest possible date. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. Motion was made by Councilman Daniels that this public hearing on the preliminary plat for the Zabel property be set for January 11, 1978. Seconded by Councilman Logan. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, no; motion carried. ~~ There was discussion of the Wildwood Subdivision. Attorney Jim Reiman represented National Homes. He said the question that was tabled at the last meeting was that there is submitted to the City Council for approval a proposed amenities package; this has been submitted because ,at the time the original plat approval was granted and plat put on record, there was no amenities package ever approved and made a part of the documents. Therefore, the City Building official has taken the position that no building permits will be issued until the amenities package is approved. National Homes representatives and the Homeowners did meet to try to come to some agreement. It was suggested that the Homeowners get someone to represent them. Mr. Stephenson has been retained to represent the Homeowners. The heart of the matter as far as Council is concerned is how this 8menties package is going to affect those people already living there. Mr. Reiman suggested that this matter be tabled again to try to work out a solution that will be mutually acceptable to everyone and bring it back before Council. Mr. Stephenson said they feel that six months after development ceased the Planned Unit Development ceased. He asked Council to deny the amenities on the basis that the P.U.D. has lapsed. Attorney Massey said the P.U.D. has not lapsed. Motion was made by Councilman Daniels, as of this date, December 14, 1977, it is our considered opinion that we have the right under the ordinance existing at the time the final development plan for Wildwood was approved that this final development plan be declared null and void because no activity has taken place for an extended petiod of time, such time to be defined as days, weeks, months and years. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; ,~ Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Reg. Session, City Council, Dec. 14, 1977 77 -78-9 Page 5 Motion was made by Councilman Daniels that we authorize our consulting engineer, Clark, Dietz & Associates and our legal counselor to work with National Homes Corporation and its assignees, the legal counsel for the current homeowners in the Wildwood P.U.D. to see if they can come up with reasonable improvement package that can be presented to this Council for approval taking into consideration the motion of record just previously recorded. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Council discussed the letter from Clark, Dietz & Associates dated December 6, 1977 as follows: (the letter is attached) 1. equal representation 2. weighted vote 3. lift stations should be owned and operated by the authority of the over-all group. 4.a.by the authority b.no connection charges and no past debt service charge g.shou1d be spread equally between customers 5. stick with previous position-authority has full authority to provide service 6. c.future need - as gDowth dictates - a service concept Attorney Massey said Council could place a moratorium on splitting lots if they deemed it in the best possible interest of health, safety and welfare. ,- Motion was made by Councilman Daniels that we place an immediate moratorium on splitting of lots of less than 3 acres in size and that such moratorium not to exceed 60 days; this moratorium to apply to the splitting of said lots without approval by the Board of Adjustment - owners of lots of less than 3 acres that want to split their lots during this moratorium may present his case to the Board of Adjustment and they may act on a similar matter as that applied to lots of more than 3 acres currently. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. Motion was made by Councilman Daniels that the Attorney be instructed to prepare an ordinance to correct the discrepancies in Chapter 14 with specific reference but not limited to Sec. 14-1 & 14-3 and that he advertise such ordinance for public hearing at the earliest possible date. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Logan, aye; Councilman Daniels, aye; Councilman Pellerin, aye; Councilman Sabatini, aye; motion carried. The Building Department was asked to not issue any permits on split lots until this moratorium is 1i~d. Councilman Sines said there is a cloud on the title of the property the VFW wanted to buy from Florida Land Company. Florida Land Company will be coming in with requests to vacate. Meeting was adjourned. R Respectfully submitted, ~ -;: ft~ Mary T. i7orton, City Clerk ,- ,MAYOR