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HomeMy WebLinkAbout1976 03 22 City Council Regular Minutes . . I'"'" ~5-76 - 24 REGULAR. SESSION CITY COUNCIL CITY OF WINTER SPRINGS MARCH 22, 1976 ~ The Regular Session of the City Council of the City of Winter Spra"gs, Florida was called to order by Deputy Mayor Donald Browning. The invocation was given by Deputy Mayor Donald Browning. The pledge of allegiance to the flag was led by Councilman Irwin Hunter. Roll Call: Mayor Troy Piland, absent Attorney Gary Massey, present Deputy Mayor Donald Browning, present Councilmen: Irwin Hunter, present Ernest Hendrix, absent John Daniels, present Claude Ash, present r Motion was made by Councilman Daniels to approve the minutes of March 15, 1976 with the addition of some of his objections to the delay or deferral of the suit against Southern States as fo1lows:"Councilman Daniels said that we are forgetting the Public Service Commission did not grant that increase, the Seminole County Commissioners granted that increase and the Seminole County Commissioners did not have jurisdiction in this City. I think we are forgetting some 100 householders that are serviced by that utility that were promised several months ago that an injunction would be filed immediately and I think that we are doing an injustice to the citizens that have been residents of this City that have been promised and this City has not carried through. They started charging this illegal rate last'summer. Councilman Daniels reminded Council that we (all Council) are all elected city- wide and those 100 householders are looking to more than just me to represent them. These householders that have been paying this additional rate since last summer on the promise that this City would do something and this City has done nothing. I feel that we have an obligation." Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, a~e9nt; Councilman Daniels, aye; Councilman Ash, aye; motion carried. In discussion of hiring the City Planner, Councilman Daniels said the applicant (Mr. Clint Strange) has been interviewed and he was asked to investigate to see the scope of this job; after his investigation he finds he is interested in the position. Mr. Daniels read the letter from Councilman Hendrix as follows: "I wdsh to notify you and other members of Council of my agreement to the hiring of Mr. Clint Strange as the City Planner for Winter Springs. I have spoken to Mr. Strange in reference to this position and feel that he is capable and a responsible man and that he can do us a good service. Sincerely, Ernest H. Hendrix, Councilman". Councilman Ash was not ready to vote on a selection; this item will be placed on the agenda next week. Deputy Mayor Donald Browning recessed the Council Meeting and opened the public hearing for Ordinance No. 129, to provide for the adoption of the City's budget. by ordinance. Attorney Massey read the first reading of the ordinance in its entirety. Councilman Daniels, Councilman Ash and Councilman Hunter spoke for the ordinance. No one spoke against the ordinance. Deputy Mayor Donald Browning closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Hunter to adopt Ordinance No. 129 on the first reading. Seconded by Councilman Daniels. Discussion. Vote on the motion:Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Ash, aye; motion carried. r - r". , ~ Regular Session, City Council, March 22, 1976 Page 2 75-76-24 r The variance for Mr. Jon Zabel to allow for the construction of 850 square feet two bedroom homes and 950 square feet 3 bedroom homes in Sections 2 and 2A, North Orlando Ranches, (zoned RLA) was discussed. Attorney Massey stated as to the question of variances, whether they should come before the Councilor Board of Adjustment, there is a direct conflict in our zoning laws and they should be changed as soon as possible. Attorney Massey explained a group variance would have to be under a special hardship type thing to an individual involved where the particular question involved more than one party and a variance is an inappropriate procedure in this ease, and I would like that placed in the record that I am partly to blame as Mr. Zable had talked to me about this and I stated I thought a variance would be all right. It would be inappropriate after reviewing the legal basis. Attorney Massey's recommendation would be to change the zoning classification as to the square footage involved. r Mr. Sam Musgrove, 220 Panama Road and Mr. Robert Andersohn, 605 Sunrise all spoke in discussion. Mr. Zabel said they would like to be able to build good quality homes and asked what would be the proper procedure to approach this Council to build those houses. Councilman Daniels said he should request a change of zoning to Rl or apply to the Board of Adjustment for consideration of a variance. Mr. Parkhurst and Mr. Pellerin said this should go before the Zoning Board. Mr. Helzer, 320 Bahama Road asked about the location. Deputy Mayor Browning said that based on the Attorney's comments, -that the Council could not address a variance of this type and it should be treated as a change of zoning and go thru the appropriate channels. Mr. Zabel felt it was not in the best interest of the City to rezone to R-l. Attorney Massey felt it should be a change of zoning classification. Richard DeFazio, 30 Jackson Circle was not for a change in zoning classification. Deputy Mayor Donald Browning again stated that this be treated as a change of zoning and would have to go through the proper channels. Motion was made by Councilman Daniels that we approve the purchase of eight tone alert pagers at a total cost of $880.00 from Seminole Radio for the Fire Department. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Fire Chief Holzman reported on the Mack truck that there may be a delivery date next month. Two telephones will be needed in Fire Station No.2. The building is finished inside and as soon as the road is stabilized we may be able to move in, possibly about two weeks. There was no action on Health Insurance due to the Mayor's absence; this will be on the agenda next week. r Attorney Massey presented a new draft of the election ordinance. He explained some of the changes as follows: Sec. 2B: that section was el~inated with some of the sections transferred into Sec. 11, 12 and 13; Section 7 was changed to read "highest number of votes"; Section 9 he included the Chapter No. 102 of the Florida Statutes; Section 11 was changed to comply with the City Code as it now stands; "old" Section 18 is now new Sec. 17 and states the statute number and there are changes in Sec. 18 and Sec. 19. This will be on the agenda for action next week to give Council a chance to review this draft during the week. ...) I"" ~ Regular Session, City Council, March 22, 1976 Page 3 75-76 - 24 Councilman Daniels distributed copies of a resume and a business brochure of ~ Robert A. Goll as a recommendation to the Planning Commission. This will be on the agenda next week. There was a short discussion of the Public Service Commission hearing on Thursday, March 18th. Councilman Hunter said there was a good representation of the citizenry but they all left with a feeling of frustration as though it were a hopeless cause. Attorney Massey reported on the status of the suit against the Public Service Commission on the question of jur1sdiction of the rate increase requested by North Orlando Water. Sewer Corporation. Mr. Massey said he tried on Wednesday to procure an injunction stopping the hearing of the 18th and 19th. At that hearing the Court ruled that the City would not show irraparable harm because the PSC did require North Orlando Water. Sewer Corporation to post a bond; that if subsequently their jurisdiction were over-ruled by the Courts the bond would serve to insure that when the rates were rolled back, that the citizens havin8' to pay the increased rates would be able to get their money back. The North Orlando Water & Sewer Corporation showed up with three attorneys. A hearing is Set for April 7th to hear and argue their motions. Mr. Richard DeFazio brought up the discussion of doing away with utility taxes. Mr. Larry Pellerin also discussed this. Councilman Daniels felt that ad valorem and utility taxation is equitable taxation. hput'lMa~ Donald Browning said this issue could come up during budget hearings. r A question was asked from the audience if the PSC can put in the interUn rate in light of the legal action that is pending. Attorney Massey answered yes because they have posted the bond. They can put in the interUn rate until such tUne as the final determination on the suit. If they lose, then the rates would automatically be rolled back and they would have to start refunding money to those who paid it. Councilman Hunter asked for some solution to the problem the Police Department is experiancing. The telephones become jammed when there is an emergency and it is Unpossible to callout for an ambulance. A possible solution would be to set up one line that would be out-going only. Councilman Hunter is open for any suggestions. Motion was made by Councilman Daniels that we place on the agenda the subject of telephones for Fire Station No.2. Seconded by Councilman Hunter. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Motion was made by Councilman Daniels that we authorize the Fire Chief, Charles Holzman, to contact Southern Bell to install a single line, two instrument phone system in the Tuscawilla area fire station at the appropriate tUne and not before. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Councilman Daniels reported that Gulfstream Land Development Corporation has a request before the Planning . Zoning Board for a proposal to change the configura- tion of condominiums in an already approved condominium area. As there has been no quorum for two weeks, there has been no action taken. Attorney Massey said ~ it is unfair for any person to be held up on a request because of non-attendance on any particular board. -"" ,,~ J '" 1"""'. , r............ Regular Session, City Council, March 22, 1976 Page 4 75-76 - 24 (' Motion was made by Councilman Daniels that the subject of Gulfstream Land Corporation's redesignation of an approved condominium area be put on the agenda. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Votion was made by Councilman Daniels that the Attorney be instructed to set up the date for a public hearing to hear Gulfstream Land Development Corporations's request for the approval of a specific plan for a condominium area at the earliest possible date. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Hunter, aye; Councilman Hendrix, absent; Councilman Daniels, aye; Councilman Ash, aye; motion carried. It was requested that the Chairman of the Planning & Zoning Board be advised by the Mayor as to the date of the public hearing to be held by the Council and be requested to provide a report to the Council as to their recommendation as long before this date as possible. Motion was made by Councilman Ash to adjouan. Seconded by Councilman Hunter. Motion carried. Respectfully submitted, r- ~~~ Mary T. Norton, City Clerk Approved: ,MAYOR ~ .:... /'... ~ ---~. :,-",. ... -- -~ - . I ' .:.)... ~,t, r .-/