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Home My WebLink About1983 11 22 City Commission Regular Minutes . / \ ~ 83-84-5 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 22, 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 William Jacobs, present Leanne Grove, present The invocation was given by Commissioner William Jacobs. The pledge of allegiance to the flag was led by Commissioner Buck Adkins. Motion was made by Commissioner Adkins, seconded by Commissioner Jacobs to approve the minutes of November 8, 1983. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Public Input: Mr. and Mrs. J. Kingsland, David St., wanted to bring attention to the Commissioners that Art. XII, Sec. 44.74 of the City ordinances is creating a problem for owners of small lots and asked if this could be looked into. . General Agenda: Planning & Zoning Board Recommendation of November 9, 1983 - Preliminary Plan for Doug's Unit 1 Quadruplexes on North Moss Road: The City Planner explained the project is located at the end of Third Street on N. Moss Road. The preliminary plan was approved by the Planning & Zoning Board with conditions. Doug's Unit I comprises 14 quadruplexes on fee simple lots, on a cul- de-sac to be dedicated to the public. Adjacent to these 14 lots will be a common area including a storm drainage retention pond to be maintained by a homeowners association. The property to the south may be acquired and developed as a future phase of the project under the same association. Although the development will probably be ready for occupancy prior to completion of construction of N. Moss Road the applicants were granted a variance by the Board of Adjustment on September 1, 1983 to develop without connecting to the nearest paving. The nearest paving is on Moss Road. A condition placed on this variance is that the developers maintain N. Moss Road to alleviate any deterioration of the unpaved road due to their con- struction activity and then to assure the road will be passable for residents of the quadruplexes. This maintenance shall continue from the start of the development until the road is paved. An agreement shall be drawn up to the satisfaction of the City and be executed as soon as possible after the preliminary approval. This agree- ment will enforce this condition about maintenance of Moss Road. The consulting engineer reviewed this preliminary plan to coordinate this engineering with the N. Moss Road engineering plans. There are other plans going on at this time off this site which concern Moss Road, to the north and to the south as well. The Staff has looked into that to make sure that those developments will be coordinated. . 'J I J . . . Regular Meeting, City Commission, Nov. 22, 1983 Page 2 83-84-5 Motion was made by Commissioner Hartman that we approve the preliminary plan for Doug's Unit I Quadruplexes on N. MOss Road subject to the engineer's recommendations and recommendations of the Planning & Zoning Board with the exception of a sprinkler system being provided. Seconded by Commissioner Adkins for discussion. Discussion. Motion and second were withdrawn. Motion was made by Commissioner Hartman that we approve the preliminary plan of Doug's Unit I Quadruplexes on N. Moss Road with the stipulation that they provide some sort of fencing on the north east property lines and that they provide one third acre playground with equipment in lieu of the 5.5 acre site and that they maintain Moss Road until we pave Moss Road and subject to the Staff recommendations excluding the fence around the retention pond, and the engineer's report except the condition No.6 which states fencing around the retention pond. Seconded by Commissioner Grove for discussion. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. . Request of Carlos and Ketty Rivera for waiver of subdivision requirements to divide Lot 9, Block D, Ranches Section 1 into four lots on Trade Winds Road (Section 14-3.2). The City Planner explained the property is located on Trade Winds Road just west of S. Moss Road. It is to be divided into four lots. They are requesting a waiver pursuant to Sec. 14-3.2 to subdivide Lot 9, Blk. D, N. Orlando Ranches Sec. 1 into 4 lots without review of engineering plans or installation of improvements. The proposed lots meet the RC-l zoning requirements of Sec. 44.27.13. The City Engineer has inspected the site and finds no field evidence that would contra-indicate the requested division. Approval of the waiver is recommended by the Staff based on a policy that has previously been set by the Commission. No area has been set aside for public recreation land even though Sec. 14.62 b provides for a Staff recommendation to waive dedication of parks in subdivisions of less than 20 acres. In previous similar instances the Commission attached the condition to subdivision waivers that the applicant pay the amount of 5% of the appraised value of the property into the City's recreation fund in lieu of dedication of land. This also is a precedent established by this Commission. The recommendation of the Staff is to continue. Motion was made by Commissioner Jacobs the application be approved provided that we collect the 5% in dollars as to the assessed value in lieu of the 5% of the land to be collected at the sale of the first parcel. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. The Commission wanted to insure the lots are 120 feet wide at the house line before any permits are issued. The Commission agreed that this Agreement withuregard to the payment of the 5% be put in writing. . "/." ~ . Regular Meeting, City Commission, Nov. 22, 1983 Page 3 83-84-5 First Reading of Ord. No. 284, rezoning Lots 26 and 27, Blk. D, D. R. Mitchells Survey, etc.: Motion was made by Commissioner Grove, seconded by Commissioner Jacobs to read Ordinance No. 284 by title only on first reading. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Attorney Kruppenbacher read the first reading of Ordinance No. 284 by title only on first reading. Resolution No. 434, establishing Official Holidays for calendar year 1984 will be discussed on the next regular Commission Meeting, December 13. City Manager - Richard Rozansky: Bids-Police Vehicles: Manager Rozansky reported the bid opening for the two police vehicles was held on November 17, 1983. The Police Chief and City Manager recommend the bid on the Ford LTD in the amount of $8,999 which includes the police package. Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to accept the bid as recommended by City Manager. Discussion. Vote on themotion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. N.O.W.S.Co: Manager Rozansky reported that he met with Mr. Dale Crosby and Mr. John Hall this past week and they discussed the change-over. He said he would come back with a preliminary operations change-over plan in a couple weeks. . Motion was made by Commissioner Jacobs, seconded by Commissioner Linville to amend the Agenda to include Resolution No. 435, authorizing the issuance of not exceeding $6,000,000 water and sewer revenue bonds, Series 1983, of the City of Winter Springs, Florida to finance the cost of acquiring a water and sewer system for the City and constructing improvements to said system; providing for the payment of the bonds from the net revenues of the system; making other covenants and agreements in connection therewith; and providing an effective date. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Motion was made by Commissioner Jacobs, to adopt Resolution No. 435 simply for the purpose of permitting the validation process to begin. Seconded by Commissioner Adkins for discussion. Discussion. Motion was amended by Commissioner Adkins, seconded by Commissioner Jacobs, the Commission reserves the right to make amendments to the resolution. Discussion. Vote on the amendment to the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Vote on motion as amended: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. . . . . . .. .. Regular Meeting, City Commission, Nov. 22, 1983 Page 4 83-84-5 Manager Rozansky reported the Public Works Department has been working on Shetland and on Sheoah Circle. At the Workshop Meeting on December 6, Manager Rozansky said he would make some preliminary recommendations to the Commission in reference to the site for the municipal complex. Motion was made by Commissioner Adkins to place temporary permit for trailer for Mr. Phillip A. Diorio on the Agenda. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Motion was made by Commissioner Jacobs, seconded by Commissioner Linville, to allow the applicant permission to place a trailer at Hawks Landing for 30 days. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Attorney Kruppenbacher reported that he would be meeting with Bob Higgins, Attorney for Florida Land Company, to work out a solution to the implementation of the agreed upon settlement. Attorney Kruppenbacher reported that curfews are implemented strictly on emergency situations and very strict guidelines. On the noise ordinance, he said he has reviewed the various ordinances from other cities, he will draft an ordinance that combines the benefits of those ordinances and bring one back for the Commission to review at the next meeting. Manager Rozansky reported that our Pension Plan has been reviewed; we are in with the League; and we have the signed copies back. The Commission will be given copies of the entire package. Commission Seat I - Jim Hartman: Commissioner Hartman recommended we use a Consent Agenda. He also asked the Commission address the fence ordinance that requires fences around retention ponds. He asked the word "shall" be changed to "may". Commission Seat II - Buck Adkins: Motion was made by Commissioner Jacobs, seconded by Commissioner Adkins to place on the Agenda street lights. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Motion was made by Commissioner Adkins that we direct the City Manager to have street lights installed and turned on in Sections 11, llA and lIB, l2A and on Northern Way from Trotwood to Winter Springs Boulevard and on Winter Springs Boulevard between Northern Way to Howell Creek as soon as is physically possible. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Commission Seat III - Inez Linville: Commissioner Linville asked if we could set a time frame for the municipal complex. . " .. . Regular Meeting, City Commission, Nov. 22, 1983 Page 5 83-84-5 Commission Seat IV - William Jacobs: Commissioner Jacobs asked about the clay removal and sidewalks on S. Cortez. Commissioner Jacobs informed the Commission that he would not be able to continue serving as a member of the Board of Directors of Seminole Community Action due to recent increases in responsibilities both as a City Commissioner and businessman. Commission Seat V - Leanne Grove: Commissioner Grove reported that the "film developing" building at the Fairway Shopping center is a pile of rubble now and looks like a safety hazard. She asked if Mr. Hagle could be contacted to remove it. Commissioner Grove was concerned about the retention ponds being labeled "lakes" and asked if signs could be posted saying "Retention Ponds". The City Manager was asked to check the street lighting along Hayes Road in the vicinity of Pearl Road. Mayor's Office: Mr. Cerra spoke about the nice parade. Mayor Torcaso said he would send a resolution of appreciation to the Civic Association. Meeting was adjourned at 9:25 p. m. . Respectfully submitted, ~>k17 )z~ Mary T. Norton, City Clerk Approved: --// <1-r;7 ,MAYOR . FORM 4 MEi'I'ORANOUNi 6J!"V'OTING CONFLICT TIT I. E OOMUNIClPALITY / \ SPECIF DOTHER NAME - FIRST AME MIDDLE NAME '/h AGEl'lCY Is unit of: DSTATE DCOUNTY .... . MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes 1112.3143 (1979) ] I . 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: I ;f~ ~J'~ /A~dUfr A I I(VU J-uUd-NI -tV' '7JFd I i ~-tLd ~~,O tJdc:udtJ Io'aziu et'~A/ I 2. Description of the personal. private. or professional interest you have in the above matter which inures to your special private gain Of the special private pin of any principal by whom you are retained: " ~~ .7. ~~4 ,M ~ --h-, ~. %,l A2/~~,~/ ~~ . 4~v ~~9' ..~ ~ofd, u~dJ:; .Lif~,' 'y xIa~~/ I.~ kd tJdiu .L/J$1,L 0/ ~~). .~...cJ ~ J~~ -t.11Ia9h /~a.d?;;?L, . /.d-U ~/<'LV'~ ~~,;;7", I i.4<Z~ -?~ . r/ ~d ~ ~~~/ d aU. I 3. Person or principal to whom the special pin described above will inure: , i aD YDlmeIf boO PDncipal by whom you .....""ned: ,# ~ 'P/7lf or ) ! SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON IlESPONSIBLE FOR RECORDING JoUNUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: ~~ c?9 /;?b : ~ 'A. . ~ftL- l .?.A. FlUNG INSTRUCTIONS . This memorandum must be filed within fifteen (15) days following the meeting during which the voting conOict occurred with the pexson responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This fonn 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 1112.31'7 (1919), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, RDfOVAL OR SUSPENSION FROM OFnCE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED '5,000, ',',: "'OR~"'V l?.,Q