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HomeMy WebLinkAbout1982 11 23 City Commission Regular Minutes 1982-83-6 I ~ . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 23, 1982 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso at 7:30 p. m. Roll Call: Mayor John V. Torcaso, present City Manager Richard Rozansky, present City Attorney John Sunner, present Commissioners: Jim Hartman, present Buck Adkins, present Inez Linville, present Maureen Boyd, present Leanne Grove, present The invocation was given by Commissioner Jim Hartman and the pledge of allegiance to the flag was led by Commissioner Maureen Boyd. Approval of minutes of Special Meeting and Regular Meeting of November 9, 1982: There were two corrections to the minutes: Add to motion made by Commissioner Adkins (to redesignate 16 acre park site east of Howell Creek to condominium) on Page 3, "at 12 units per acre"; second correction:add on page 2, before the second paragraph from the bottom, "if all three proposals were accepted by the Commission, they would not come back at a later date and request any further changes. All three proposals were not accepted by the Commission, therefore they can request future changes in the zoning of the Planned Unit Development." . Motion was made by Commissioner Hartman, seconded by Commissioner Adkins to accept the minutes as amended. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Boyd, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. There was no public input. Appointment of City Attorney: Mayor Torcaso recommended that the firm of Pepper, Hamilton and Scheetz to be the City Attorney with Frank Kruppenbacher as their representative. Motion was made by Commissioner Adkins that we accept the recommendation of Mayor Torcaso for City Attorney, and that he be seated immediately. Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Boyd, aye; motion carried. Attorney Frank Kruppenbacher was sworn in by Mayor Torcaso. Attorney Kruppenbacher introduced Stephen Dunegan who is with the firm of Pepper, Hamilton & Scheetz. Commissioner Boyd said she received a letter from our previous city attorney about the matter of her taking a position as police officer and asked the City Commission to direct the City Attorney for an opinion by the next meeting. Attorney Kruppenbacher said he would get a finding on this matter for Commissioner Boyd at no expense. Attorney Kruppenbacher advised that Commissioner Boyd sit in the audience and not vote at the meeting. . . . . Regular Meeting, City Commission, Nov. 23, 1982 Page 2 1982-83-6 General Agenda: Planning & Zoning Board Recommendations of Nov. 10th: Request of Charles o. Cottle to annex Lots 19,20,21,22 and 23,Blk.D,D.R.Mitchell Survey,south side of S.R. 419, east of S.R.434 intersection (42 acres at zone C-2, 4.5 acres at zone R-U). Request of Leffler Co.to annex Lots A-F,Subdivision of Wagner, and Lots 4-7 Blk.C,and West 1/2 of Lot 4, all of Lots 5-7, and Lot 9-0, Blk.D.,D.R.Mitchell Survey, between Lake Jessup and northern City limits east of S.R. 434, astride S.R. 419 (260 acres at zone R- R-U). Request of Madeleine Luttrell to annex all of Luttrell Park plus part of Lot 1, Johnston Survey, on S.R. 419 east of Indian Woods. (9 acres at zone R-l). The City Planner explained that we have three requests for annexation north of the City limits and south of Lake Jessup. First request is from Charles Cottle and his request is to be annexed into the City, Lot 20 and a small portion of Lot 19 at R-U. The rest he wishes to bring in as C-2. All of these lands are currently shown on the County Land Use plan as agricultural or conservation and the state annexation law requires that there be no change in the density of the land use for a period of two years unless the previous jurisdiction waives that waiting period. The Commission has an opinion from the former City Attorney as to whether or not we could proceed to annex at the zoning requested by Mr. Cottle and just defer issuing any building permits for that two year waiting period or whether or not it would be preferable to annex at our comparable land use category and rezone after two years. The alternative is to proceed with annexation if you concur with the commercial zoning but ask the County Commission to give a waiver of the two year waiting period and Mr. Sunner feels that would be the most responsible action to take if you do concur with the change of land use. Although the property is south of S.R. 419 our own land use plan indicates that C-2 generally is to be north of S.R. 419. This property is really buffered from most adjacent properties by a large wetlands area so that even though there is residential area there is only one small area there would be a conflict in land use between residential and commercial. So the question to be decided whether or not you want this to be C-l or if you can accept his request for a high industrial category. Miss Koch explained that if the Commission concurs with C-.2 zoning, and we proceed to write up an ordinance, the next step would be to ask the County to waive the waiting period. If they agree, we can proceed to adopt the ordinance; if they deny we would have to amend the ordinance to change it to our R-U (agricultural) and the applicant would have to come back at the end of the two year waiting period and ask for re-zoning. Mr. Cottle and Mrs. Luttrell understand these steps and both want us to proceed and try to accomplish this re-zoning. Commissioner Grove was concerned that the City is presently rev1s1ng the uses under C-land C-2 zoning. The City Planner explained that the Commission will have the recommendations on the revision of C-2 from the Planning & Zoning Board before the action would be completed so that the applicants will be aware of the changes. Commissioner Hartman said Mr. Leffler also is requesting C-2 zoning. Mayor Torcaso requested a letter be sent to the City by the applicant requesting the C-2 zoning. Miss Koch explained that Mrs. Luttrell's request is for R-l but after talking to her that our plan would indicate that R-lA zoning would be the most dense category that would be acceptable, she understands that. ~ . Regular Meeting, City Commission, Nov. 23, 1982 Page 3 1982-83-6 Motion was made by Commissioner Hartman to approve the classifications as requested and to proceed to deal with the County and to revisit the issue upon the County making a determination in this matter; and advising the applicant that the zoning may not be locked in and there may not be water and sewer available at the time of development. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye- Conflict based on a professional interest; Commissioner Grove, aye; motion carried. Lot Split Request - Lot 2, Blk. E, Ranches Sec. 3: Motion was made by Commissioner Adkins, seconded by Commissioner Linville to approve the lot split and adopt Resolution No. 397. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Highlands Sec. 12, Tract lA-Finding of suitability of land pursuant to Sec.14-60(a) (2). Mr. Hugh Harling, engineer for the project was present at the meeting. Motion was made by Commissioner Linville to approve Highlands Sec. 12, Tract lA-finding of suitability of land pursuant to Sec. l4-60(a)(2), with the recommendation of the City Engineer with the approved elevation to two feet instead of l~ feet. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. . First Reading of Ord. No. 271, providing for the levy of taxes against the consumer of public utilities, etc. Motion was made by Commissioner Adkins, seconded by Commissioner Grove to read by title only. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Attorney Kruppenbacher read Ord. No. 271 by title only on first reading. Public hearing is to be set for January 11, 1983. Resolution No. 398, appreciation to Martin Trencher: Motion was made by Commissioner Hartman, seconded by Commissioner Adkins to adopt Resolution No. 398. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Grove, aye; motion carried. Resolution No. 400, opposing the construction of the Orlando Utilities Commission's proposed coal-fired Stanton energy center, etc.(Consideration) Tabled until Dec. 14. City Manager - Richard Rozansky: Resolution No. 399, providing for the acquisition of a backhoe,etc. Motion was made by Commissioner Adkins, seconded by Commissioner Hartman to adopt Resolution No. 399.Discussion.Vote on the motion: Commissioner Adkins,aye;Commissioner Linville, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Interlocal Agreement-Fire Apparatus Maintenance: Item 3 of the agreement was discussed and it was recommended that we attempt to negotiate with the County to see if we can adopt the agreement without Item 3 and also check with our insurance company. The Commission was in agreement to table until the next meeting. . . . . , . . Regular Meeting, City Commission, Nov. 23, 1982 Page 4 1982-83-6 Drainage problem - Lot 42,Blk.G,N.Orl.Terrace Unit I,Sec.S: Motion was made by Commissioner Adkins to approve the City Manager and the City Engineer rectifying the drainage problem on Lot 42, Blk. G, North Orlando Terrace Unit I, Sec. 5. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Double Taxation-Report/Action: Motion was made by Commissioner Hartman, seconded by Commissioner Grove to adopt Resolution No. 40l,accepting the recommendations of the double taxation study committee and requesting the Seminole County Commission to undertake means to resolve the differences in law enforcement services of patrol and investigation and setting forth a time frame for cooperative work to dissolve the double taxation issue. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Monthly reports have been distributed. Commissioner Hartman asked that resolutions of appreciation be prepared for the Parade Committee. Commissioner Adkins recommended that the Public Works Department set up a schedule for fogging oeprations and Mr. Emery was asked to set up a schedule and give a copy to the City Manager, Mayor and Commission. Commissioner Linville asked about the NOWSCO acquisition. Manager Rozansky reported we are to receive a written proposal around the first of December. Commissioner Grove commended the Fire Department for the Haunted House and it was suggested that a resolution of appreciation be prepared for the Fire Department. Commission Seat I - Jim Hartman: No Report. Commission Seat II - Buck Adkins: Commissioner Adkins referred to the letter from Barnett Bank dated Oct. 21, 1982. He said the City should notify the Bank they need to improve their drive through window service. It is definitely a safety hazard. Commissioner Adkins spoke in reference to the letter from Broad and Cassel dated November 10, 1982, (Page 2, Paragraph No.2). He said his proposal in the approval of the amendment was to say that the developer should present the preliminary plan for the development of that area to the Homeowners Association first, not just inform them that they do have it. Commissioner Adkins asked that a letter be sent to Broad and Cassel informing them of the error in their letter to the Mayor and Commissioners. Commission Seat III - Inez Linville: No report. Commission Seat V - Le~nne_Grove: Commissioner Grove spoke in reference to the Barnett Bank approval. ~ -..I . Regular Meeting, City Commission, Nov. 23, 1982 Page 5 1982-83-6 . Mayor's Office: Attorney Kruppenbacher gave a report on the present status of Wander Lake. Appointment of City Auditor: Mayor Torcaso selected a committee of Commissioner Hartman, Commissioner Adkins and Commissioner Grove to look over the three proposals (Watsky & Co., Newman Fender and Company and Deloitee, Haskins & Sells) and at the next Commission Meeting come back with a recommendation for City Auditor. Appointment to East Central Florida Regional Planning Council-Voting Member: Mayor Torcaso appointed Commissioner Jim Hartman as voting member to the E.C.F.R.P.C. as representative of the City of Winter Springs for a three year appointment. Motion was made by Commissioner Adkins to ratify Mayor Torcaso's appointment of Commissioner Jim Hartman as voting member, 3 year term, to the E.C.F.R.P.C. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Mayor Torcaso asked that a Deputy Mayor be appointed at the next Commission Meeting. Meeting was adjourned 10:07 p. m. Respectfully submitted, . ~~~ Mary T. Norton, City Clerk Approved: MAYOR .