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Home My WebLink About1975 09 22 City Council Regular Minutes ,I ~, ~i 14-75 - 47 .. I/Ife.. . .. r- REGULAR SESSION CITY COUNCIL CITY OF WINTER SPRINGS SEPTEMBER 22, 1975 The Regular Session of the City Council of the City of Winter Springs, Florida was called to order by Mayor Troy Piland. The invocation was given by Mayor Piland and the pledge of allegiance to the flag was led by Mayor Piland. Roll CaLL: Mayor Troy Piland, present Attorney Newman Brock, present Deputy Mayor Donald Browning, present Councilmen: Irwin Hunter, present Ernest Hendrix, absent John Daniels, present Irene Van Eepoe1, present ~otion was made by Councilman Browning to approve the minutes of September 15, 1975. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Van Eepoel, yes; CouncHman Browning, aye; motion carried. ' Mayor Piland closed the Regular Session and opened the public hearing for Ordinance No. 126, Adoption of the County Animal Control Ordinance. Attorney Brock read the notice of public hearing and the first reading of Ordinance No. 126. Attorney Brock also read the County Animal Control Ordinance in its entirety. Mr. Borgen, Mrs. Helzer, Mr. Pellerin, Mrs. Rossiter, Councilman Daniels and Mr. Musgrove spoke in discussion of the ordinance. Mayor Piland closed the public hearing and reconvened the Regular Session. o Motion was made by Councilman Van EEpoe1 to adopt Ordinance No. 126, on the first reading. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Attorney Brock introduced Howard Marsee, Attorney, as his recommendation to represent the City in the Seminole Baptist Temple vs. City of Winter Springs lawsuit. Mr. Marsee stated his fees would be $35.00 per hour for the first 50 hours and $45.00 per hour for tUne thereafter. Motion was made by Councilman Van Eepoel to retain Mr. Howard Marsee at the stated rate of $35.00 per hour for the first 50 hours and $45.00 per hour thereafter. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Van Eepoe1, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Hunter that Mr. Marsee be termed "authorized" to consult with the Attorney representing the Group who pursued this problem originally. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Van Eepoe1, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Hunter that the following people be appointed to the committee for review of the Recreation Building: Citizens: Mr. Bill Hahn; Mr. Emile Janxna1 and Mr. Paul Cottage; Councilmen: John Daniels, Donald Browning and lrwin Hunter. Seconded by Councilman Daniels. Discussion. Vote on the motion: r " "-- .-/ t I r r r /......\ 11 .. Regular Session, City Council, Sept. 22, 1975 Page 2 74-75 - 47 Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Van Eepoe1, yes; Councilman Browning, aye; motion carried. In discussion of the acceptance of bonds for Foxmoor II (North Orlando Terraces Sections 7 & 10, Unit II) Mayor Piland read the letter from George Cox, Vice President of Florida Land Company agreeing to fencing the South Lake in the Foxmoor Section II subdivision. Councilman Daniels asked Mr. Bernie Martin, representing Florida Land Company at the meeting, what was the status of the correspondence between the City Engineer, Cal Conklin, and the engineering firm which Florida Land Company had overseeing the older part of the Terraces regarding the repair of the streets that deteriorated too rapidly. Mr. Martin reported that their engineer is looking into the problem but he had no report. Mr. Martin. is to come back next week with a report on the deterioration of the roads and what Florida Land Company plans to do about it. Motion was made by Councilman Daniels to table acceptance of the bonds for North Orlando Terraces Sections 7 & 10, Unit II for one week. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman HendriX, absent; Councilman Daniels, aye; Councilman Van Eepoel, no; Councilman Browning, aye; motion carried. The tabled motion made on September 8th as follows: Motion was made by Councilman Daniels that while we are making the amendment to the code to provide for adoption of budget by ordinance, that we liberalize the procedure for transferring budgeted monies that already are in the budget from department to department and to provide for the necessary referendum vote to be developed and placed on the ballot at the forthcoming election to provide for the transfer of funds between departments so long as the total annual city budget is not exceeded without recourse to public hearing and ordinance adoption. Seconded by Councilman Van Eepoel. Discussion. Councilman Daniels withdrew the motion and Councilman Van Eepoel withdrew her second. Councilman Van Eepoel reported that on September 15th the City Building Department issued a building permit on a certain lot. The lot in question is listed on the building permit as lot 7, Blk. C less East 175 ft. There was no plat; there is a plot plan showing the location of the house on the property. Councilman Van Eepoel referred to Section 14-3 Sale of Nonplatted Lots as follows: (Page 774 of the Code of Ordinances) No owner of a tract of real property containing more than three (3) acres, or being a subdivision as defined in this chapter, shall sell lots from such tract without first having, in accordance with the requirements hereof, such tract surveyed and a plat of the lots PFoposed to be sold prepared by a registered surveyor. Before such plat shall be recorded, it shall be approved in accordance with the specific provisions of this chapter. No permit shall be issued for the construction of any building or for an electrical hookup on any lot sold in violation of this section. (Ord. No. 50, S VII, 1-5-70). Motion was made by Councilman Van Eepoel to revoke the permit issued on September 15th for the west lot 7, Block C, Section 1. Motion died for lack of a second. Councilman Daniels asked Attorney Brock two questions: 1, When was this "split" made and Attorney Brock answered in 1973. The second question, was since we are now dealing with a split lot, a west half of one lot that meets all the criteria for a zoning classification of the area, would the issuance of a building permit on that particular lot and (the lot on the otber side) the other lot create a precedence for illegal splitting of further lotst ~ , . f'\ I~ .. . 4 Regular Session, City Council, Sept. 22, 1975 Page 3 74-75 - 47 f' Motion was made by Councilman Daniels that the holder of the permit be placed on notice at this time until our Council Meeting of next week that no action is to be taken to spend funds toward building on this lot. Seconded by CouncibDan Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Attorney Brock is to research this item further and report back next week. Motion was made by Councilman Van EEpoel that a typewriter be purchased for the Asst. City Clerk, in the amount not to exceed $400.00 and to be paid out of the Mayor's Contingency Fund. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Mr. Robert Andersbhn was recommended unanhnously by the Planning Commission to fill the vacancy in the Planning Commission. Motion was made by Councilman Hunter to accept the recommendation of the Planning Commission to appoint Robert Andersohn as a member of the Planning Commission. Seconded by Councilman Van Eepoel. Discussion. Vote on the motion: Councilman Hunter, aye; CouncibDan Hendrix, absent; Councilman Daniels, aye; CouncibDan Van Eepoel, yes; Councilman Browning, aye; motion carried. Mayor Piland reported that he had received a letter from Mr. Carl Stevens, Mr. Don Dobson and Mr. Sam Hannah in reference to Ordinance No. 12 (regarding riding horses on city streets, etc.). There was a lengthy discussion and this will be on the {'. agenda next week for action. Councilman Van Eepoel wanted her statement noted in the minutes as follows: "In case Council was wondering why after all these years we would be enforcing the ordinance, the Building Inspector informed the police chief that if he didn~t start enforcing the ordinance as he was instructed to do quote "he would raise all sorts of h...1t close quote.1t Motion was made by Councilman Hunter that the new Zoning Map be paid out of the Mayor's contingency fund in the amount of $488.30. Seconded by CouncibDan Van Eepoel. Discussion. Vote on the motion: CouncibDan Hunter, aye; CouncibDan Hendrix, absent; Councilman Daniels, aye; CouncibDan Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Hunter to transfer $50.00 from Line Code 101B and $150.00 from Line Code 365, Zoning Dept. total amount of $200.00 to be transferred to Line Code 315. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Hunter, aye; CouncibDan Hendrix, absent; Councilman Daniels, aye; Coun cilman Van Eepoel, yes; Councilman Browning, aye; motion carried. Motion was made by Councilman Browning to adjourn. Seconded by Councilman Hunter. Motion carried. - . , Respectful~y submitted, P'h7~r-~ Mary T .Norton, City Clerk Approved: _ 1""""'>, - . ~l/5D ~yOR - ~OY ~-:- . 1 . ~ ~ ./