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HomeMy WebLinkAbout1982 06 22 City Commission Regular Minutes . . ...~ 4r ,. 1981-82-20 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS JUNE 22, 1982 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Deputy Mayor John Torcaso. The invocation was given by Commissioner Martin Trencher. The pledge of allegiance to the flag was led by Commissioner Jim Hartman. Roll Call: Mayor Troy Piland, absent Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney A1 Cook, present Commissioners: Jim Hartman, present Buck Adkins, present Martin Trencher, present Maureen Boyd, present Motion was made by Commissioner Adkins to approve the minutes of June 8, 1982. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; motion carried. There was no public input. . Public Hearing to consider an appeal from the Board of Adjustment decision to grant the request of Nicholas A. Pope, Trustee for Special Exception in zone C-l to construct a gas station with sale of groceries on the northwest corner of S.R. 434 and Moss Road, Winter Springs, Florida. Deputy Mayor Torcaso recessed the Regular Meeting and ~onvened the public hearing to consider the appeal from the Board of Adjustment decision to grant the request of Nicholas A. Pope, Trustee. Persons wishing to speak were sworn in by City Clerk. The following persons spoke against the appeal: Mr. Kevin G. Dinneen, Mr. Barry Selip, Walter Judge, Jerry Handshuh, William Crump, Robert B. Crockett, Robert Schumaker (also presented a letter from Emile Skura in opposition to the appeal) and William Clark of Hacienda Village. Mr. C. Baker of Hacienda Village, presented a petition signed by 333 persons who objected to the granting of a special exception to construct the gas station with the sale of groceries on the northwest corner of S.R. 434 and Moss Road. The following persons spoke for the appeal: Mr. Cornell P. Baker, Hacienda Village; Leonard and Lorraine Hoffman, Hacienda Village; Jane and John Ridenour, Hacienda Village; Fred and Marjorie Gallagher, Hacienda Village; Margaret and Donald Earnshaw, Hacienda Village; William J. Reese, Jr., Hacienda Village; Arthur Busch, Hacienda Village; Marta Garam, Maitland~ Cowley Arnold, Brookside Drive; James Damron, Hacienda Village;Jean Pressler, Aberdeen Lane;Helen Reese, Hacienda Village; Emma Weiss, Hacienda Village; Nancy Damron, Hacienda Village;H. K. Riner, Hacienda Village; John Kondratick, Hacienda Village;Hazel Painter, Hacienda Village; Mildred Anderson, Hacienda Village; William Shellem, Jr., Hacienda Village;Louise Riner, Hacienda Village; Dorothy Gugel, Hacienda Village; Dorothy and Kenneth Foster, Hacienda Village;Edna Christenson, Hacienda Village;Gertrude Keatley, Hacienda Village; Minnie Cook, Hacienda Village; Gertrude Murdock, Hacienda Village; Ebba Canton, Hacienda Village; Henrietta Baker, Hacienda Village; Anna Busch, Hacienda Village;Jessie Liebman, Hacienda Village; Ruth Beckmann, Hacienda Village; Opal Littiken, Hacienda Village; Anna . '" .. . Regular Meeting, City Commission, June 22, 1982 Page 2 1981-82-20 . Santangelo, Hacienda Village; Lillian Jackson, Hacienda Village; Mary Shadowens, Hacienda Village; Lonnie Jackson, Hacienda Village; Clarence Chrisman, Hacienda Village; Dorothy Ridings, Hacienda Village; Clements Ridings, Hacienda Village; Leanne Grove, Alton Road; Geraldine and Lloyd Anderson, Hacienda Village; Loretta and Kenneth Gammell, Hacienda Village; Eloise Joerger, Indian Ridge; Grace Clark, Hacienda Village. Mrs. Gwendoline How~ll, Hacienda Village, spoke in discussion. Deputy Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Hartman to overturn the decision of the Board of Adjustment because we feel it will be a threat to the health, safety and welfare of the community and will not comply with the character of the neighborhood or be in harmony with the intent of the zoning ordinances of the City of Winter Springs. Seconded by Commissioner Adkins for discussion. Commissioner Trencher said this is the fourth convenience store issue he has sat in on and that each has:to be judged on their own merit. Commissioner Trencher was concerned of either approving or disapproving a convenience store-gas station until the issues are settled in the courts on the basis of the lawsuit that we currently have by Mr. Alexatos. He said he would ask the Commission to consider a moratorium on the granting of such requests until there is some indication from the courts where we legally stand. Vote on the motion: Commissioner Trencher, abstain; Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, no. Motion was made by Commissioner Boyd that we continue this public hearing until next regular meeting. Seconded by Commissioner Hartman. Vote on the motion: Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. the . Planning & Zoning Board Recommendations: Preliminary Plan for Tuscawilla Units 12 and 13: Units 12 and 13 in Tuscawilla are east of the extension of Winter Springs Boulevard and south of it. The plan calls for 129 single family lots on 105 acres for 1.2 units per acre density. The City Engineer has reviewed the plans and recommends approval. Staff reviewed it and the Planning & Zoning Board recommends approval. Motion was made by Commissioner Trencher, seconded by Commissioner Adkins to approve the preliminary plan of Tuscawilla Units 12 and 13. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; motion carried. Approval of new Official Zoning Map - Sec. 44.26 (3): The City Planner said the map is offered as the new official zoning map of the City. The Zoning Board has reviewed it and recommends it be adopted with the notation on the 305 acres that the zoning on that property is under litigation. Motion was made by Commissioner Boyd to approve the map presented as the official zoning map of the City of Winter Springs. Seconded by Commissioner Trencher. Discussion. Vote on the motion:Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; motion carried. . Submittal of Part I of Draft of Proposed Evaluation and Appraisal Report on Comprehensive Plan: .. . ... .. ... ... . . Regular Meeting, City Commission, June 22, 1982 Page 3 1981-82=20 Jacqueline Koch, the City Planner, explained that the State Comprehensive Planning Act requires that at five year intervals after adoption of-the plan there be an evaluation and appraisal report written on the implementation and success of the plan for that time period. Also, the City's comprehensive plan has at the end of it a provision for a revision of the plan at five year intervals and 1982 is the time for both of these documents to be prepared. This report is a combination that satisfies the City's decision to make a revision every five years and it also includes the evaluation and appraisal that the state law requires. The five year period ends Sept. 27; however, the law gives the State Planning Council and other jurisdictions a 60 day review period to make comment on the plan. The P&Z Board and the Planner are asking the Commission to authorize them to transmit this indicated as a preliminary draft to those agencies so they may begin their review, and during the next two months it will be up to the Commission to conduct a review of the proposal and make any recommendations and changes they wish prior to adoption on Sept. 30. There will need to be two public hearings if the adopted land use map is changed to an extent greater than 5% of the acreage in the City but it will be required to hold one public hearing before the Commission before adopting that report. The only action needed at the moment is for the Commission to give authorization to send the preliminary draft so they may begin their 60 day review period so we can get their comments back before we have to take action. Motion was made by Commissioner Boyd, seconded by Commissioner Trencher, to give authorization to send the preliminary draft to the other jurisdictions so that we can get their comments. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. . Ranchland Christian School - Extended use of Temporary Building: Manager Rozansky reported that he received a letter from the Ranchlands Christian Day School requesting an extension to the use of temporary classrooms that they have on their property located on Hayes Road. The Commission gave them permission last July 14th until July 1, 1982.The Staff recommends that this be reviewed on an annual basis, and that it be extended until July 1, 1983. Motion was made by Commissioner Hartman, seconded by Commissioner Boyd that we grant the request and allow them to utilize their temporary classroom facility until July 1, 1983. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. City Manager - Richard Rozansky: Paramedic Program: Manager Rozansky said for his next budget for 1982/1983, he is going to propose to the Commission that we enter Phase II of the Paramedic Program which entails hiring three more paramedics, obtaining the remainder of the equipment, approximately $15,000 and we need to get Rescue I certified. We presently have four paramedics; and one firefighter has recently been certified, Mr. Gerald Kane. Motion was made by Commissioner Hartman, seconded by Commissioner Trencher to authorize the City Manager to upgrade Gerald Kane to paramedic status. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; motion carried. . ..~_.- --:.'''.:';''~'''-:::'-:-'-'''''''''''';C?7'",," , .. - ~ . ~. -, .. Regular Meeting, City Commission, June 22, 1982 Page 4 1981-82-20 . Iron Bridge Expansion: Manager Rozansky reported that he has sent letters to North Orlando Water & Sewer Corp. and Seminole Utilities asking them if they wanted to reserve capacity at Iron Bridge. As of this date no response has been received from North Orlando Water & Sewer Corp., but Seminole Utilities has indicated they would like to discuss this matter. Reports: Manager Rozansky introduced Mr. Sam Smith, the new Building Official. Monthly reports have been distributed. Attorney Cook gave a brief report on the Florida Land lawsuit. Attorney Cook explained that the matter is appealed by Florida Land. The decision of the Fifth District Court upholding the constitutionality of our ordinance, our referendum procedure. The only argument now is should the Supreme Court hear the case. The Fifth District Court refused to stay their decision which means the case is coming back to Judge Leffler in the Circuit Court. The case will be active again at the stage of proceedings it was at the time the Judge ruled that our referendum procedures were invalid. The Supreme Court will rule very shortly whether they will hear the appeal; in the meantime the case will be ongoing in the Circuit Court level. Manager Rozansky reported that he received a letter from Florida Power in reference to a change in rates. Manager Rozansky said he will send a letter to Ray Sittig to get group support from other municipalities to approach the PUblic Service Commission in reference to this change. . Manager Rozansky reported that on July 1 Tuscawilla Road will be transferred to the County for maintenace and responsibility. Manager Rozansky reported that he has received a memo from Ray Sittig in reference to the E. Harris Drew local government award. Commissioner Trencher suggested that Mayor Piland be our nomination for the award. Manager Rozansky said all that was necessary was to be signed by two elected officials. Commission Seat I - Jim Hartman: Motion was made by Commissioner Hartman that Richard DeFazio be appointed to the Planning and Zoning Board to replace David Bartley who was appointed last meeting and resigned the following day. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Commission Seat II - Buck Adkins: Motion was made by Commissioner Adkins that the City Commission approve my appointment of John Hatfield to the Planning and Zoning Board, Seat II and reappointment of Ted Holz to the Board of Adjustment for a two year term. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried. . Seminole Cablevision: Mr. John Walsh, Director of Engineering of Orange/Seminole Cablevision and Mr. Robert Schultz, Construction Manager, were present. Mr. Walsh gave the following schedule of construction: Huntly Lane, scheduled for Oct. 1982, Tuscawilla Units 8, 9, 9A (including part of Wedgewood), Sept. 1982; Wildwood Oct. 1982; Foxmoor, west of Edgemon Avenue Oct. 1982 and Indian Ridge, Oct. 1982. The proposed construction schedule for 1983: Winged Foot, North Orlando Ranches, Sugarcreek, Foxmoor east of Edgemon Ave., and ..i;";"':~^. .-.-="..",. . , '. '.,,.,,-,,.""" ., I -. , , 1.' ~ , Regular Meeting, City Commission, June 22, 1982 Page 5 1981-82-20 . Rustic Woods and Wedgewood Tennis Villas. Mr. Walsh discussed the high cost of construction and the reasons for the delay in construction. Commission Seat III - Martin Trencher: Motion to place on the agenda a motion for setting a moratorium for applications for gas stations and convenience stores by Commissioner Trencher, seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; motion carried. Motion was made by Commissioner Trencher that the City Commission exercise a six months moratorium concerning all applications for special exception as it relates to gas stations and convenience stores as during this period of time we will be working to redefine the specific uses of such lands. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Adkins, no; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; motion carried. Commission Seat IV - Maureen Boyd: Motion was made by Commissioner Boyd to appoint Cindy Kaehler to the Planning & Zoning Board. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Motion was made by Commissioner Boyd to appoint Al Davis to the Board of Adjustment. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, no; motion carried. . Meeting was adjourned at 11:00 p. m. Respectfully submitted, ~~~ Mary T. Norton, City Clerk Approved: .,---..... .