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HomeMy WebLinkAbout1983 03 08 City Commission Regular Minutes ~ 1982-83-13 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 8, 1983 . The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor Buck Adkins, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, present Inez Linville, present Martin Trencher, present Leanne Grove, present The invocation was given by City Manager Richard Rozansky, and the pledge of allegiance to the flag was led by Commissioner Inez Linville. Motion was made by Commissioner Trencher to approve the minutes of Feb. 22, 1983. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; motion carried. . There was no public input. General Agenda: Public Hearing to consider a request of Walt Dittmer and National Homes, Inc., owner, for amendment to the approved preliminary plan of the Wildwood PUD to redesignate 30 acres west of the power easement from PUD Multi-Family to PUD Industrial: Mayor Torcaso recessed the Commission Meeting and opened the public hearing. The City Planner explained that the 30 acres are currently approved on the preliminary plan of Wildwood to be developed as multi-family with apartments and townhouses. Mr. Dittmer's request is to amend the preliminary plan to create an industrial park on th~t site. The original request Mr. Dittmer had that was considered by the P&Z Board included having warehouses adjacent to the residential area, including truck traffic to the rear of the property which would corne within sound and sight of the residential area. For that reason and in consideration of the traffic problems within the area, the P&Z Board found it inconsistent. By the code then, the applicant automatically comes to the City Commission for further consideration of the request. Since that time Mr. Dittmer has altered the request to limit industrial activity to the area west of the proposed road through the project. Pointing to the map, Miss Koch said the area outlined in gold would be entirely in either professional offices or small warehouses with access only from the front. This would be so adjacent not to Wildwood residences but also to a subdivision in Seminole County directly south of the property. That plan would offset the negative impact that might occur under the original plan. The proposal not only includes traffic access only from the west, so that there would be less impact on the residential property, but also there would be no windows or doors to the rear so that the project would appear to be one long, low brick wall from the view of the residences. Similar consideration would be made across from the subdivision in Seminole County. All industrial activity would be in the area (in orange) which is in conjunction with existing commercial along U.S. 17/92. This would seem to allay one of the major concerns the P&Z Board had in making the finding of inconsistency. . One further consideration they felt was quite important was the impact of traffic. The number of vehicles per day would not really increase with the change from multi- family to commercial. However, the type of vehicle and the sound and noise of truck traffic are quite different from the passenger cars coming into a residential area. . Regular Meeting, City Commission, March 8, 1983 Page 2 1982-83-13 What remains to be considered is what will the impact off 17-92 to Shepard Road down to the industrial area 17-92. What effect will that have on the people that this area. be of truck traffic coming in or out Florida Avenue over to live in Seminole County in Mr. Dittmer was present and spoke for the request. Tom Green, Attorney, representing the Wildwood Homeowners asked that the request be denied. David Hudick, Crestwood Way, Sam Long, Heather Court, Beth Lee, Thistle Place, George Smith, Lakeview Drive, Doug Gondera, Briarwood Drive, Mrs. A. Arenas, Lakeside Drive all spoke against the request. Judy Montrose, Thistle Place spoke in discussion. Betsy Neilson, Glasgow Court, Glen Gillete, Castlewood, Suzette Morris, Glasgow Court all spoke for the request. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Attorney Green again spoke against the request. Attorney L. W. Carroll, representing Mr. Dittmer asked to speak. Upon Attorney Kruppenbacher's recommendation, Mayor Torcaso reopened the Public Hearing and recessed the Commission Meeting. Mr. Carroll spoke for the request. Mr. Al Richardson, Linden Drive and Mrs. Grace Sullivan, Wildwood, spoke against the request. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. . Motion was made by Commissioner Linville to deny the redesignation of 30 acres west of the power easement from PUD Multi-Family to PUD Industrial and PO (Professional Offices) in yellow area; and my reasoning is I cannot believe that you do not have to have a rear entrance on these buildings and also I feel there is no way to restrict business only to daylight hours and not to weekends; I have to agree with homeowners, I wouldn't want industrial next to me either. Seconded by Commissioner Adkins for discussion. Discussion. Mr. Dittmer spoke in discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, no; Commissioner Grove, no; motion carried. Request of Jay and Agnes Miller for vacation of utility easement on Lot 28, Walden Terrace. The City Planner explained the property is on the north side of Brookside Drive in Walden Terrace. The request is basically to vacate the five foot utility easement on the east side of the property to seek approval to build a boat shed. There are two approvals necessary - to vacate the utility easement and then an exception to the side setback from the Board of Adjustment. All the relevant utility companies have waived any interest. Motion was made by Commissioner Trencher to approve the request. Seconded by Commissioner Hartman.Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. . Request of R.A. and H.T. Van de Graaff for waiver of subdivision requirements for dividing Lot 3, Block E, Ranches Section 1 into three lots. The City Planner explained the property is on the north side of Panama Road between Hayes and Shore Roads. The request is under Sec. 14-3.2 which allows for waiver of installation of subdivision improvements upon recommendation of staff and approval by the Commission. The current request would be within the size standards of the RC-l zone. The City Engineer has some comments which you have recommending you waive the improvements. Regul~r Meeting, City Commission, March 8, 1983 Page 3 1982-83-13 . Motion was made by Commissioner Adkins that we approve the subdividing but subject to the 5% fee to the City for parks and recreation based on the appraised (tax assessor's) value. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. First Reading of Ord. No. 274, to extend its territorial and municipal limits to annex the hereinafter described lands situate and being in Seminole County, Fl., etc.: Pointing to the map, Miss Koch said the Ord. No. 274, would allow the property in crossmarks to be annexed into the City, approximately 260 acres. All will be zoned R-U for at least two years following the annexation unless Seminole County would waive the zoning. Motion was made by Commissioner Trencher, seconded by Commissioner Hartman to read Ord. No. 274 by title only on first reading. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Attorney Kruppenbacher read Ord. No. 274 by title only on first reading. The Public Hearing is to be set for April 26, 1982. Commission Ratification of appointments to P&Z Board and Code Enforcement Board: Motion was made by Commissioner Hartman, seconded by Commissioner Adkins, to ratify the appointments of Taru Joshi, D.Robert Smedley and Thomas Dougherty. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; motion carried. . Resolution No. 409, requesting the FDOT to provide for nighttime construction on the widening of SR 436 between Boston & Douglas Ave., etc.: Motion was made by Commissioner Trencher to adopt Resolution No. 409, seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye;Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; motion carried. City Manager - Richard Rozansky: FY 1982-83 Budget Adjustment - Ord. No. 275, first reading: Manager Rozansky suggested the public hearing be set for April 12, 1983, and have a Workshop on March 29, 1983. Two changes have been made to the attachment of the Budget ordinance, approximately $61,000.00 in the Capitol Improvements Fund and year end Reserve $205,000.00. He said there will have to be some revisions in the revenues and expenditures, namely a reduction in ad valorem because of the $25,000 exemption and an adjustment in the utility taxes revenue. The Commission was in agreement to read Ord. No. 275 by title only on first reading. Attorney Kruppenbacher read Ord. No. 275 by title only on first reading. Commissioner Trencher asked that the Commission reconsider the reduction of the utility taxes and asked that an ordinance to reduce utility taxes be brought back to the Commission for discussion at the Workshop on March 29, 1983. Report of Municipal Complex Committee - Mr. Gil Artman: Mr. Artman, Chairman of the Committee said there is a definite need for a municipal complex to house the administrative staff and police department. . . Regular Meeting, March 8, 1983, City Commission Page 4 1982-83-13 Mr. Artman said the committee recommended that a professional firm be retained to determine the location, design and sources of funding, but said the Committee would like to reserve the right to review when this package is put together. Motion was made by Commissioner Trencher to seek out those firms who could do a feasibility study on a municipal complex that would involve possible site selection and preliminary design. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; motion carried. Reports: Manager Rozansky said he has received communication from Attorney Jones for payment for legal work on the Winter Springs Elderly Communities. The Commission was not in favor of paying this bill or the auditor's bill. The Commission's recollection was that during discussions with the Winter Springs Elderly Communities (Mr. Thornton) these fees would be paid by the Developer. Attorney Kruppenbacher said he would look into this matter. City Attorney- Frank Kruppenbacher: Report on condemnation of Utility Company: Attorney Kruppenbacher passed out a memo to the Commission describing what takes place in condemnation of public utilities. He said it is a very expensive proposition. He said he drafted a resolution that creates a committee that will enable us to study the feasibility of condemning the utility because there is preparation work necessary. Mayor Torcaso recommended Commissioner Adkins be on the Committee along with the City Manager and the City Attorney. . Discussion followed on the condemnation proceedings of the North Orlando Water and Sewer Company. Along with the memorandum on Condemnation Procedures - North Orlando Water and Sewer Company,Attorney Kruppenbacher passed out a memorandum on the City of Winter Springs/North Orlando Water and Sewer Company Rate Increase Request and a letter to the Public Service Commission re: North Orlando Water and Sewer Company Rate Increase Request. Motion was made by Commissioner Grove that we direct the City Manager to attend the interim rate increase hearing in Tallahassee on March 15, 1983 to voice our objections. Seconded by Commissioner Trencher for discussion. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Motion was made by Commissioner Trencher to instruct the Manager and Attorney to sit down with North Orlando Water & Sewer Corp. and conduct substantive negotiations towards arriving at an agreeable price for the utility and at the same time study the advisability of the necessity for the acquisition through condemnation of NOWSCO by the City of Winter Springs and to adopt Resolution No. 410. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. . Motion was made by Commissioner Adkins to withdraw the $2,000,000 offer for the purchase of NOWSCO. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. . Regular Meeting, March 8, 1983, City Commission Page 5 1982-83-13 Attorney Kruppenbacher gave a brief report on the Wander Lake matter, the Pope lawsuit, Alexatos and Florida Land cases. Commission Seat I - Jim Hartman: Commissioner Hartman asked that a committee be appointed to bring industry into Winter Springs, an industrial development committee or authority to try to look into drawing industry to Winter Springs. He asked the Commission to have some recommendations for the next meeting. Commission Seat II - Buck Adkins: At the Workshop Meeting on March 29, 1983, Commissioner Adkins asked that discussion be held on ways to pave the roads in the Ranchlands. He also asked for the mosquito spraying schedule. Commission Seat III - Inez Linville: No report. Commission Seat IV - Martin Trencher: Commissioner Trencher asked that the Ordinance to reduce the utility taxes be on the agenda for the Workshop Meeting on March 29, 1983. Commission Seat V - Leanne Grove: No report. . Mayor's Office: Mayor Torcaso reminded the Commission of the City Manager's evaluation which is due April 1. Meeting was adjourned 10:39 p. m. Respectfully submitted, __ .-- .g., . r Il~/. ,,~ Mary T. Norton, City Clerk Approved: ) I. ~I .~ I/~a:.;?--Z'-- __,MAYOR JB N V. TORCASO .