Loading...
HomeMy WebLinkAbout1982 02 09 City Commission Regular Minutes -~!j1 . . . 'r~}0._ 81-82-9 REGULAR MEETING CITY COMMISSION FEBRUARY 9, 1982 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor Troy Piland. The invocation was given by Commissioner Jim Hartman. The pledge of allegiance to the flag was led by City Manager Richard Rozansky. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Al Cook, present Commissioners: Jim Hartman, present Buck Adkins, present Martin Trencher, present Maureen Boyd, present Motion was made by Commissioner Trencher to approve the minutes of January 26, 1982. Seconded by Commissioner Torcaso. Discuss~on. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. There was no public input. General Agenda: Public Hearing to redesignate a 13 acre school site on the south side of Trotwood Boulevard (between Unit 8 and Lake Tuscawilla Park) to be developed as condominiums with a maximum density of 12 units per acre and to redesignate a 40-acre commercial tract on the south side of Northern Way west of Tuscora Drive to be developed as condominiums with a maximum density of 12 units per acre. Jacqueline Koch, City Planner, pointed to the areas on the map, both areas are on Northern Way at the intersection of Trotwood Boulevard. In each case the request was to redesignate the area to condominiums at a maximum density of 12 units per acre. The Planning & Zoning Board found both sites to be consistent ,for development as condominiums. The first site had been designated to be a school site. The school board withdrew their request last December so it is necessary to find another use for that parcel. The 40 acre site had originally been part of the 80 acre commer- cialarea designated for Tuscawilla. When a 40 acre site adjacent to S.R. 426 was annexed into Oviedo and redesignated "commercial", it seemed appropriate for the City to join in that commercial development and relocate part of the Tuscawilla commercial development to that location thus creating the necessity to find another type of land development for this 40 acres. In both cases the Zoning Board did find condominiums at 12 units per acre consistent with the surrounding area and with the intent of the PUD ordinance. Mr. Charlie True of Winter Springs Development Corp. spoke for the changes. He said at this time Winter Springs Development Corp. would like to amend their request of the school site to single family designation at 4.5 units per acre. The 40 acre commercial site to be converted to condominiums he felt would be the ideal use for that property. With that parcel being converted to condominiums, the total density for condominium use is less than what was originally approved. Mr. John Hatfield, 1103 Ermine Ave., filed an appeal against the changes. He was sworn in and spoke against the changes. In his discussion he said he has demonstrated that these proposed changes are not consistent with the Winter Springs comprehensive development plan which places importance in single family residences and development of open spaces. He asked:"don't approve these proposed changes and diminish the open spaces which is one of the basic reasons why we became citizens of Winter Springs." . . . .i Regular Meeting, City Commission, Feb. 9, 1982 81-82-9 Page 2 Mr. Art Harris, Sable Court, also filed an appeal against the proposed changes. He was sworn in and also spoke against the changes. He said, "we are going to wind up with a condominium community and this is not what we want." The following persons were also sworn in and spoke against the proposed changes: John A. Wells, Sybilwood Circle, John Markofski, Sybilwood Circle, Douglas Andrew, Gator Lane, Jim Frankovich, Sybilwood Circle, John Fritz, Sybilwood Circle,Mike Bisceglia, Trotwood, Kevin Freedman, Trotwood Boulevard, Dr. Jerry Eans, Sybilwood Circle, Dave Dearolph, Deer Run, Frederick Schramm, Winter Springs Boulevard, Inez Linville, Dyson Drive. They were concerned with their property being devaluated, higher densities and increased traffic and their needs for parks and recreational facilities. tfuyor Piland asked Miss Koch about the approved plan for the parks that the Commission had approved. The City Planner said the agreement that was reached in 1977 has a timetable based on the number of developed lots in Tuscawilla. A certain number and certain specific improvements and facilities are to be put in the park with each 500 lots. This was brought up to schedule approximately the end of last year. It is somewhat behind this year because the developer wished that someone outside with a background in recreation would examine the park plan and make sure it was being laid out properly which is what is being done right now. Mr. Al Landgraf, volunteer recreation director, is working with the University of Central Florida. Mayor Piland closed the public hearing and reconvened the Regular Meeting. Motion was made by Commissioner Adkins that we-deny the land use change as asked by Winter Springs Development Corporation. One of the reasons is that it is a definite disadvantage to sell a house with a possible two story unit behind you. We do not have any lot sizes that would be proposed by the developer on the 12 acre site; there is a matter of the integrity of the whole unit development, not just one area. Seconded by Commissioner Torcaso. Discussion. In discussion Jin Frankovich, Art Harris, Bob Case, F. Blankenship and several other residents spoke. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Motion was made by Commissioner Hartman that we over-rule the Planning & Zoning Board recommendations for the condominiums where the commercial district used to be. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Trencher, no; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, no; motion carried. Review of Permission to have more than 2 dogs - Mrs. Malich: Manager Rozansky explained that on March 10, 1975 City Council gave Mrs. Malich permission to have more than two dogs. The reason this is here tonight is that the Police Department has received a complaint on those dogs. Mr. David Anderson 120 Camphorwood St., spoke to the Commission in reference to the barking of the dogs and the smell. Mrs. Ruby Anderson also complained about the barking dogs. The following persons spoke in favor of Mrs. Malich: Dr. Eans, Mrs. Nancy Eans, Tony Reale, 115 Camphorwood; Dave Franklin, 121 Camphorwood and Loretta Gaines, 126 Camphorwood. Motion was made by Commissioner Hartman that we allow Mrs. Malich to keep the six dogs until such time as a couple of the dogs pass away and ask her that before she gets any other dogs that she would have to come back before this Commission - on the basis the majority of the neighbors have no problem with the dogs. Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Trencher, aye; -"''''~--- ."-."'~~.)'":""' . Regular Meeting, City Commission, Feb. 12, 1982 Page 3 81-82-9 . Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. . Request for Inducement Resolution-Winter Springs Elderly Communities: Mr. Lyle Thornton, financial and housing consultant and associate of the Arch Roberts Company in St. Petersburg, Fl., was present to ask the Commission to pass a resolution to start action to build a 160 unit elderly congregate living facility. Mr. Thornton explained that they have not formalized on a site because without getting the inducement resolution passed and showing that there is some interest within the City, they cannot start spending money. He explained that it is a big community type facility along with the dining area for the congregate living, one and two bedroom units. They allow one meal a day that would be included in the rent, a second meal would be optional; bi-month1y maid service; would also have 24 hour nursing service on call. The bond issue would be backed by FHA insurance which would make it a triple a bond issue on the open market. It would be a limited partnership which has not yet been formed. Any partnership that is formed will not be of record until the project is farther down the line. This is for the middle income individual; will not be subsidized. Commissioner Trencher asked if this would be a self-sustaining profit making facility and Mr. Thornton said yes it would be. Commissioner Trencher asked, then why the need for the City to issue industrial development revenue bonds as opposed to going out and getting private financing. Mr. Thornton said the prime rate is 16 and 3/4 and on a 40 year loan it would go to 20-22% on a conventioml1oan which would make the project not feasible. By using FHA insurance and a tax exempt bond issue this would be a triple a and today the market is 13.2. He said it would bring employment to the City plus the economic impact it will have for this area. Commissioner Adkins asked if the City could set the rates and Mr. Thornton said the rates would be set by HUD. A one bedroom unit would be about $500.00 per month. He said they have similar projects in Ft. Walton Beach, Pensacola, Panama City, Nap1e\and one in Lake1and, Polk County which is presently under bond validation. Commissioner Trencher asked what need has been established in the City for this type of facility. What strains on our EMT would this facility necessitate; several months ago there was a proposal to build a hospital here in the city; there is an over-all issue to determine the need of the citizens in the City for these types of services. These units would be rented to anybody and you would be bringing in a potential problem in terms of city services. I would like to identify all of the potentials before we get into something like this. Commissioner Adkins asked that the City Manager contact the cities that have these facilities and Commissioner Trencher asked Manager Rozansky to have Staff look at what kind of an impact this would have. The Commission asked for more information and four of the Commissioners indicated they are not opposed to the program. Resolution No. 376, vacating, abandoning and closing drainage and utility easements, etc.-The Highlands Sec. 2, Tract D Rep1at, etc. Motion was made by Commissioner Torcaso to approve Resolution No. 376. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. . ,~.,~~.pi'-- ~-"'r,;l~~,~~~~,"H .-_._...""......~r Regular Meeting, City Commission, Feb. 9, 1982 Page 4 81-82-9 . Resolution No. 377, appreciation to Charles Chute: Motion was made by Commissioner Hartman to approve Resolution No. 377. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Torcaso, no; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, no; Commissioner Boyd, aye; motion carried. Approval to record Plat of Garden Club Apartments and Acceptance of Improve- ments on Garden Drive. The City Planner said the Garden Club Apartments are off the west side of Moss Road sort of winding around the Seventh Day Adventist Church. They have complied with all the requirements for recording the plat. Everything is in order except some sodding in the right-of-way and rear swales. We have a performance bond guaranteeing the value of that sod. We recommend that you waive the installation at this time and accept the bond. Motion was made by Commissioner Torcaso to accept this as recommended by the City Engineer and accept the improvements on Garden Drive granting a waiver to installation of sod at this time in accordance with Sec. 14-98 and approve the recording of the plat. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. City Manager Richard Rozansky: Fiscal Year 1980-81 Audit: Manager Rozansky reported that the audit report from Watsky & Company has been received. Mr. Joel Weiss, representative of the Watsky Company was present at the meeting. He said everything is in good shape and some of the recommendations in the management letter have been implemented. . Motion was made by Commissioner Torcaso to accept the 1980-81 audit report. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Trencher, absent; motion carried. Financing Tanker/Pumper: Manager Rozansky reported on the progress of the financing for the tanker. Attorney Cook has been working on a resolution and this will be presented to the Commission at the next meeting. Delinquent license collections Agreement: Motion was made by Commissioner Hartman that we go along with this agreement a~d adding the paragraph: anything that is already on our books. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Reports: Manager Rozansky reported that he has received petitions for street lights from residents in the older section of the City and he has instructed the Engineer to draw up plans for the lights. Commissioner Trencher asked the City Manager why the light poles are different from the rest of the project in Sec. 8 and 9 of the Highlands. Commissioner Adkins asked the City Manager about the lighting for Winter Springs Boulevard. . . . . -'fz':"'~'~-":~-'-'~7f'~~" Regular Meeting, City Commission, Feb. 9, 1982 Page 5 81-82-9 Commission Seat I - Jim Hartman: A Workshop Meeting was set for March 2, 7:30 p. m. to discuss districting. Commission Seat II - Buck Adkins: No report. Commission Seat 111- Martin Trencher: Report-carry-over of end of year surp1us,etc.: Commissioner Trencher recommended that we consider setting aside a year end surplus during the mid-year budget review. That can be done by ordinance or resolution or just putting it into the budget. Motion was made by Commissioner Trencher that we write a resolution and discuss it at the next meeting to reimburse the Planning & Zoning Board members and Board of Adjustment members under the same terms and agreements that we reimburse the City Commission according to the Code at $50.00 per month, and that resolution be drawn up by the City Attorney for discussion at the next meeting. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. Commission Seat IV - Maureen Boyd: No report. Commission Seat V - John Torcaso: Information has been distributed on the last meeting of the Counci1,of Local Governments. Mayor's Office: Mayor Piland recognized Ben Kaplan, Burgos-Road, who spoke in reference to animals and the manner in which they are controlled. Meeting was adjourned 11:15 p. m. Respectfully submitted, ~~~ Mary T. Norton, City Clerk Approved: ~ . FORM 4 f MEMORANDUM OF VOTING CONFLICT . LAST NAME - FIRST NAME - MIDDLE NAME D\< \~S "lSUR Gt MAILING ADDRESS \ ~ <0 ~\-\€ ASf\ I\JT C lie c: l {- ZIP OCOUNTY DATE ON W7ICH(YOTE OCCURRED ;;;t q f~ NAME OF PERSON RECORDING MINUTES vY\'A ljoR ~ TITLE OF PERSON RECORDING MINUTES c.. \\: '( G L(--te. E::: SPECIFY AGENCY is unit of: OSTATE vJ l ~ Tt ~ OS Pr2.. I 1lX.- S NAME OF AGENCY '3 a- 1 b8 COUNTY .$l rn I jv t (.{/ [B'MUNICIP ALITY c.. IT'! (' O"N\ M l ~5 tc.r"...- DC:- c...() l ~ S P Ie I tI.> ()s OOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: 10 Rc- DE S, G-IUA 'TE- 40 AC(<:E..s I~ \vSc..~WlLLiA -{"Y'. \J L "\ I f"' A VV\ I L'( '\.,1../( L?- ~ R-O tV,- vt-J \. TS C cSV'Y\ yY'\. Elf!. C \, ~ L ,0 y~ ~ A e te. E- , 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: _ r. \-\0 I/V\.t 0 W 1J E- ~ \N l~{:- "'"TU s.c AWl L l A ~OD do t3 () t l.. D t:,,( 1) t.:: s (dV Crt E- FA VVl I Lf ~-5 IN -r4t- pub 3. Person or principal to whom the special gain described above will inure: a.[Q/ Yourself b.O Principal by whom you are retained: (NAME) SIGNATURE n ,.. DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: 8- If v( fCJ.- FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (19'79), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-'79 '~:'"C_~~'i"'-~'_'-~-c'-r-~""-"~'''"'':'''O~''"''.7.'':'''~''-'C''; --'-~-,,,:,~;~ -. . ,'l . FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAMl! - FIR&~ NAME - MIDDLE NAME \< \ rJS ~0RLN MAILING ADDRESS ~Ei\sAU\ c. (R., ZIP fUe... AGENCY is unit of: o STATE DATE ON (J:7H9Vl; 3.CCURRED NAME OF PERSON RECORDING MINUTES DCOUNTY mAil fL}OI'Z--~ COUNTY ::.x:m I TITLE OF PERSON RECORDING MINUTES B'MUNICIPALITY C. '7y" C L-{~ IC, SPECIFY c n't Dr \.A,) (~C{,-R. ..s?tl , t..J(y:S ." (f{rV\~'l\I~""" DOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: TD \<f:- btS 1 &- ~ PtT~ \ 9. + ~ c 62.(-,5 <: ll' L- -rO -f r2. CrY'- S. C +tOL\L ~ ~ C F- 1.{ . 5" 1=>( (e f\ C ~ €- \ ru \O~CAw(L~A- \Jut} 511V6-L~ FA rY\ fLY ~lfS 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: Ho (Y\f:- 0 WtVE-.e l tv \\-K- \ \) SC A u..) t'- ~ ~ f' '^ VY" (I.-" (-<<rYvlt-S oS IIV6-L(;- ,.., I "?0t) l lV 'tk (- ?\)\U t 13t>lL~€;e. 6~ 3. Person or principal to whom the special gain described above will inure: a.~urself b.D Principal by whom you are retained: (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE o;i7;Jf ;L FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict l of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. Ie NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79