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HomeMy WebLinkAbout1983 05 24 City Commission Regular Minutes . . . 82-83-19 : . REGULAR MEETING CITY CO}WISSION CITY OF WINTER SPRINGS MAY 24, 1983 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 Deputy Mayor Buck Adkins, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, late Commissioners: Jim Hartman, absent Inez Linville, present Martin Trencher, present Leanne Grove, present The invocation was given by Commissioner Inez Linville. The pledge of allegiance to the flag was led by Mayor Torcaso. Motion was made to approve the minutes of May 10, 1983 by Commissioner Trencher, seconded by Commissioner Grove for discussion. Under Public Input, Mr. DePasquale represented Sugar tree Station Homeowners Association, not Sugar Creek. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; motion carried. Public Input: Sam Musgrove, Panama Road, wanted to know the status of the landspread operation. . General Agenda: Public Hearing to consider an appeal from the Board of Adjustment decision to not grant the request of Virgil Godinho and Fausto DaSilva for Special Exception in zone RC-l to construct fences higher than four feet within the 50 foot front setback at 240 and 250 Bahama Road. (Lot 3, Block B, Ranches Section 1). The City Planner explained the lot is on the south side of Bahama Road. It is a split lot, and the two owners wish to fence the perimeter and the lot line between their two halves. They want to put up a five foot fence and that is what requires the exception. On March 3rd the Board of Adjustment denied the request because the Board found the fences unaesthetic. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. Attorney Solodky represented Mr. Godinho and Mr. DaSilva. The Attorney presented letters signed by surrounding property owners that they had no objection to the fences being placed at the setback. It was pointed out that the request was for the fence to be placed at the property line and not the setback. The Hearing was continued until June 14, 1983; Mayor Torcaso reconvened the Commission Meeting. . Planning & Zoning Board Recommendations: Annual Certification of Official Zoning Map: The City Planner explained that Sec. 44.26(3) requires the zoning map reflect any changes that have been made in the past year. There has been only one rezoning and that was on S. Edgemon Ave. and Murphy Road. The recently annexed properties have been added. The Staff and P&Z Board have certified that the map is correct. Motion was made by Commissioner Linville, seconded by Commissioner Trencher to approve the certification of the official Zoning Map.Discussion. Vote on the motion:Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Adkins, aye;motion carried. . . . . Regular Meeting, City Commission, May 24, 1983 Page 2 82-83-19 Replat of Lori Anne Acres - Lots 1-4: The City Planner explained that Lori Anne acres is the quadraplex development over across from the City compound between Moss Road and Fairfax Avenue. Four lots are involved on the north side just east of Fairfax Avenue. The quadraplexes on these four lots were built to fee simple standards. Last February the applicant came in for conceptual approval which was granted to go ahead and replat the lots with property lines along the common walls within the quadraplex so that each unit could be owned fee simple. At that time the only condition was that with the replat there would be adequate provision made for access between the lots and to the rear so that the owner of each unit would be able to reach the rear of their property by crossing over another lot. This has been done. The City Engineer has reviewed the plat and finds it acceptable as do I. One matter of concern is that with this replat what was part of Lot 4 is now Tract A. The applicant has been asked to provide a letter stating that they will not come back and ask for approval of a retail development at that location since this is zoned C-l, and would cause a traffic problem. They have no objection to committing not to use that for a retail development. Motion was made by Commissioner Linville, seconded by Commissioner Adkins, to approve the replat of Lori Anne Acres Lots 1-4 with the stipulation subject to the approval by Staff and City Attorney. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Final Engineering for Tuscawilla Units 12 and 13: The City Planner pointed to Tuscawilla Units 12 and 13 on the map. Also involved will be the completion of the southern part of Northern Way, over to Winter Springs Boulevard. With this development there will be a continuous drive within Tuscawilla. There will be no connection until some future time. There are a number of concerns with this development. One is that this circle drive with Winter Springs Boulevard created three intersections with the same name. Another concern is the parking for the park in that area that was approved a few weeks ago. There was discussion of sidewalks. Commissioner Trencher said he would like to have clarified whether or not any waivers were granted. Motion was made by Commissioner Trencher to approve Winter Springs Development Company's request for the development of the roads in question, subject to later approval by this Commission on the issue of sidewalks on both sides of the street and the retention area issue and subject to the City Planner's memo dated 5/24/83 and the City Engineer's memo. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; motion carried. Resolution No. 416 urging the U.S. Congress to pass S.B. 141 amending 42 U.S.C. SS 1983 and 1988, etc.: Motion was made by Commissioner Grove, seconded by Commissioner Adkins to approve Resolution No. 416. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; motion carried. . . . Regular Meeting, City Commission, May 24, 1983 Page 3, 82-83-19 City Manager - Richard Rozansky: Manager Rozansky introduced the new Public Works Director Mr. Charles Hassler. He sent a letter to Mr. Yurchison with a copy of Mr. Jones bill and the bill from Watsky and company; spoke about the request for a variance by Mr. Hartman; reported we would be starting our mosquito control spray program tomorrow; the safety survey has been forwarded to the City Engineer; discussed a tele-marketing system; and that we had our first blood bank and thirty six people participated. He said he is still shopping for a grader; the City Engineer did the preliminary engineering on Moss Road, and if the bills to Jones and Watsky have been paid, this will be on the next agenda. Pope vs. Winter Springs: Attorney Kruppenbacher gave copies of an offer of settlement in connection with suit by Nicholas A.Pope, as Trustee, vs. City of Winter Springs City Commission (Case NO. 82-l2AP) from Robert F. Higgins. As background information, Attorney Kruppenbacher explained that Nicholas Pope is a Trustee. He requested a Special Exception from the Board of Adjustment to place a Tenneco Station on the north west corner of S.R. 434 and Moss Road. The purpose of the exception was to permit the operation of a self-service gas station and mini-market with a limited convenience store. The Board of Adjustment approved the Special Exception; they then came to a hearing before the City Commission on an Appeal from homeowners and that was on June 22, 1982 and continued on July 14, 1982. The appeal was granted and then the suit was filed against the City. The present status of the Case is that it is pending before a three judge tribunal in the Circuit Court of Seminole County. Attorney Kruppenbacher has requested an extension of time to file a brief. Motion was made by Commissioner Trencher based upon the letter the City Attorney received March 22, 1983 in reference to suit by Nicholas A. Pope, as Trustee, vs. City of Winter Springs City Commission (Case No. 82-l2AP) by Robert F. Higgins, that based upon the contents that we do not take under consideration at this time the offer and settlement as noted in said letter. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Adkins, no; motion carried. Commissioner Adkins asked Attorney to check into the sidewalks at the Tennis Villas and Tuscany Place. Commission Seat II - Buck Adkins: No Report. Commission Seat III - Inez Linville: Commissioner Linville said it has been brought to her attention that agendas are not being posted in the Tuscawilla area; asked about a waiver on the property on SR 419 and discussed the problem of additional traffic from Citrus Road into Tuscawilla. Commission Seat IV - Martin Trencher: Commissioner Trencher announced with regrets, that he would be resigning effective June 1st, unless something happens over the week-end. Commission Seat V - Leanne Grove: No report. Mayor's Office: A meeting was held here last week about the proposed gas tax. The County is asking for a 4~ tax, the County receiving three cents and the other one cent to be divided among the Cities. According to Mr. Rose, the City of Winter Springs would receive approximately $119,000 the first year and this would be a five year program. . . . Regular Meeting, City Commission, May 24, 1983 Page 4 82-83-19 The County is asking for an inter-local agreement to be signed by all the Cities. A poll of the Commissioners showed they were against this tax. This tax will be discussed at the Council of Local Governments Meeting to be held here on June 1, 1983. Meeting was adjou~ned at 10:00 p. m. Respectfully submitted, --~ Ir"~'''.l r 7!1Lld L Mary T. Norton, City Clerk Approved: ~ rt1~,MAYOR OHN V. TORCASO