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HomeMy WebLinkAbout1985 08 26 City Commission Regular Minutes . . . 84-85-25 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 26, 1985 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 William A. Jacobs, present City Manager Richard Rozansky, present City Attorney Frank Kruppenbacher, present Commissioners: Jim Hartman, present Arthur Hoffmann, present Buck Adkins, present Leanne Grove, present The invocation was given by City Manager Richard Rozansky. The pledge of allegiance to the flag was led by Commissioner Jim Hartman. Motion was made by Commissioner Jacobs, seconded by Commissioner Hoffmann to approve the minutes of August 12, 1985. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Public Input: James Dasher, Highlands, asked the status of the arbor ordinance and he asked about mosquito spraying in the Highlands. Tom Dougherty, Oak Forest, asked about the garbage collection. Al Girda, Oak Forest, said the people would like to plant trees in front of their houses and asked for recommendations. Mr. Girda also spoke about the rezoning request of Hi Flavor Meats on Tuscawilla Road, and asked for the City's support against this action. Mayor Torcaso introduced Jean Jacobs, president of the Winter Springs Civic Assn. Mayor Torcaso announced there would be a carnival at Sunshine Park Saturday and Sunday, Aug. 31 and Sept. 1, 1985. Birthday Greetings were extended to Commissioner Leanne Grove. General Agenda: Public Hearing - An appeal from the Board of Adjustment decision to deny the request of Joe Abadia for variance to allow for a six foot fence in front of the building line at 250 Trade Winds Road, Winter Springs: Mayor Torcaso recessed the Commission Meeting and opened the public hearing. Mr. Abadia was present. He is requesting a six foot fence because he has a pond on his property and two Dobermans. No one spoke for or against the appeal. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Adkins to approve based upon the fact that the City Commission concluded that the elements necessary in Sec. 44.21, Items 1 through 6 have been met based upon facts, and that Mr. Abadia comes in and applies for a permit within 15 days. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Regular Meeting, City Commission, Aug. 26, 1985 Page 2 84-85-25 . Public Hearing for Ord. No. 328, vacating a five foot utility easement on the south side of Lot 37, Highland Village One, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 328 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing. No one spoke for or against the ordinance. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs, seconded by Commissioner Hoffmann to adopt Ord. No. 328. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Planning & Zoning Board Recommendations of 8/14/85: 1. Rezoning part of Tract I, Highlands Sec. 3 from PUD to C-l. The City Planner, Peter Cowell, explained this is the southwest corner of the golf course, 3.9 acres. Planning & Zoning Board and Staff have recommended approval. First Reading of Ord. No. 330, rezoning part of Tract I, Highlands Sec. 3, from PUD to C-l: Motion was made by Commissioner Jacobs, seconded by Commissioner Hartman to read Ord. No. 330 by title only on first reading. Discussion. Vote on the motion: Commisisoner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. . Attorney Kruppenbacher read Ord. No. 330 by title only on first reading. Waiver to the subdivision requirements Sec. 14-3.2 for Mr. Floyd Jacobs: The City Planner explained the property is the entire length of Hayes Road between Panama Road and Bahama Road. It is just over 5 acres in size to be developed into 5 lots, approximately 1 acre in size. Commissioner Hartman was against the five, he felt the most that should be allowed is 3. There was discussion of increasing the percentage of money given for recreation. Motion was made by Commissioner Hartman, seconded by Commissioner Hoffmann that we deny the wiaver to the subdivision requirements. Discussion. Commissioner Hoffmann suggested we limit to some future figure of acreage per lot. Motion and second were withdrawn. Motion was made by Commissioner Hartman to table until the next meeting. Seconded by Commissioner Jacobs. Discussion. Commissioner Hartman suggested that no more subdivisions be allowed, just lot splits. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Addressing Morton Lane: Motion was made by Commissioner Jacobs that the City begin renumbering or renaming all streets or addresses within the City limits to comply as close as possible for the 911 system. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, no; motion carried. . Regular Meeting, City Commission, Aug. 26, 1985 Page 3 84-85-25 . Resolution NO. 514, providing for the final assessment pursuant to F.S. 170 of properties benefitted by the improvement of North Moss Road from S.R. 434 to S.R. 419; certifying the cost of the improvements and accepting the completed roadway, etc.: There was discussion of the drainage between Moss Road and Edgemon Avenue. Mr. Cal Conklin, City's consulting engineer, said he would submit a report. Attorney Kruppenbacher read Resolution No. 514 by title only. Motion was made by Commissioner Jacobs, seconded by Commissioner Hartman to approve Resolution No. 514. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, no; Commissioner Hartman, aye; motion carried. Report on Mr. Jacobson's wall - City Attorney Frank Kruppenbacher: Attorney Kruppenbacher reported that it was the Commission's desire at the last meeting that before taking any formal action on a decision to further pursue its appeal rights with regard to the Sam Jacobson vs. City of Winter Springs lawsuit, that they desired to have an outside engineering consultant determine the structural integrity of the wall as built. This past week Mr. Richard W. Stevens of the Stevens Engineering Associates came to the City, and with the Building Official inspected the wall as it is presently constructed. Mr. Stevens was present and reported to the Commission. Mr. Stevens said the wall is not completed and it is hard to evaluate it exactly. Commissioner Adkins asked for Mr. Stevens' conclusions in writing. . Motion was made by Commissioner Hartman that we let the appeal slide; instruct Mr. Jacobson to finish out his wall and file a separate suit through the unsafe structure. Seconded by Commissioner Adkins. Discussion. Motion and second withdrawn. Motion was made by Commissioner Hartman that we put Mr. Jacobson on notice that if he proceeds with the wall he proceeds at his own risk and give him 30 days to complete the wall. If he completes the wall within the 30 day period in accordance with the Southern Standard Building Code and his permit, we will not file an appeal. If he does not complete it in accordance with the Southern Standard Building Code we will file an appeal which will thus be followed up with an unsafe structure lawsuit in conjunction with the appeal and that the consultant will make the decision as to whether it is safe or not, and to insure that at no point that the wall exceeds 10 feet measured from the footer. Seconded by Commissioner Jacobs for discussion. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. City Manager - Richard Rozansky: Resolution No. 509, relating to sewer capacity allowance, etc.: Attorney Kruppenbacher read Resolution No. 509 by title only. Motion was made by Commissioner Jacobs to adopt Resolution No. 509. Seconded by Commissioner Hoffmann. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; motion carried. . First Reading of Ord. No. 331 relating to water and sewer user charges and other related charges and fees, etc.: Motion was made by Commissioner Jacobs to read Ord. No. 331 by title only on first reading. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye;motion carried. . . . Regular Meeting, City Commission, Aug. 26, 1985 Page 4 84-85-25 Reappointment of Winter Springs representative and alternate to the South Seminole & N. Orange Co. Wastewater Transmission Authority: Motion was made by Commissioner Adkins, seconded by Commissioner Hoffmann to reappoint City Manager Richard Rozansky as representative and Mayor John V. Torcaso as alternate to the South Seminole & N. Orange County Wastewater Transmission Authority. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Hoffmann, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Municipal Complex: Manager Rozansky reported we will have a walk through inspection on Tuesday, Sept. 3 at 9 a.m., then we should start moving in Thursday and Friday. The next Commission Meeting will be held there. Terry Zaudtke, consulting engineer with Conklin, Porter & Holmes, spoke about the grant. He said he received a letter that the Step One documentation has been approved which will put us in the approved process. Commission Seat I - Jim Hartman: Commissioner Hartman asked about the light on Sheoah Boulevard and S.R. 434; he asked the status of the park in the Ranchlands and he said that clay is needed for the roads in the Ranchlands. Commission Seat II - Arthur Hoffmann: Commissioner Hoffmann spoke about the rezoning request of High Flavor Meats on Tuscawilla Road. Commissioner Hoffmann will attend the County Commission meeting on Sept. 3, 1985, in reference to this matter. The subject of fluoridation will be on the Agenda for the next meeting. Commission Seat III - Buck Adkins: Commissioner Adkins asked the status of the City engineer and the status of the speed bumps at Casa Park Villas. He asked about the drainage problem in the Highlands. Commission Seat IV - William A. Jacobs: No report. Commission Seat V - Leanne Grove: No report. Mayor's Office: Election Proclamation, City of Winter Springs: A Municipal Election will be held in the City of Winter Springs, Florida, on the 5th day of November, 1985, for the purpose of electing a Commissioner Seat I, Commissioner Seat III, and Commissioner Seat V, each for a three year term of office. The places of voting will be Fire Station No.1, 102 N. MOss Road for Precinct 13; Fire Station No. 2 on Northern Way for Precinct 50; the Seventh Day Adventist Church on Moss Road for Precinct 24 and Winter Springs Elementary School on S.R. 434 for Precinct 67. The Election Board shall consist of the following: Precinct 13, Ruth Layo, Clerk, Bette Woodward, Carolyn Smith and Ruth Holzman. Precinct 24, Charles Kaley, Clerk, . . . , . Regular Meeting, City Commission, Aug. 26, 1985 Page 5 84-85-25 Peggy Stocks, Gloria Hoenicke and Anna M. Grimes. Precinct 50, Pat Lombardi, Clerk, Eddy Jo Field, Malva Bick and Dorothy Harris; Precinct 67, Barbara Shell, Clerk, Harold Zeimer, Ben Sandburg and Ruth Ann Gunter. Registration Books will close October 4, 1985. Signed John V. Torcaso, Mayor of the City of Winter Springs, Florida. The Canvassing Board will consist of Commissioner Jacobs, Commissioner Hoffmann and City Clerk Mary Norton. The Commission was in agreement in support of Glenda Hood for first Vice President of the Florida League of Cities. The new municipal complex dedication will be held Sept. 21, 1985 and everyone is invited. Mr. Tom Dougherty apologized for not attending the committee meetings for the review of the PUD ordinance. A Workshop Meeting was called for Tuesday, Sept. 3, 1985 at 4:30 p.m. Meeting was adjourned 10:05 p. m. Respectfully submitted, ~7~ Mary T. Norton, City Clerk rpproved: \ 'vj~ TORCASO ,MAYOR