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HomeMy WebLinkAbout1976 07 12 City Council Regular Minutes . . . e e 7 5 - 76 -3 9 REGULAR SESSION CITY COill'lCIL CITY OF WINTER SPRINGS JULY 12, 1976 The Regular Session of the City Council of the City of Winter Springs, 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 Attorney Newman Brock. Roll Call: Mayor Troy Piland, absent Deputy Nayor Donald Bro~ming, present Asst. City Attorney Newman Brock, present Councilmen: John Booth, absent Ernest Hendrix, present John Daniels, present Claude Ash, present Notion was made by Councilman Ash to approve the minutes of June 28th with one addition on the last paragraph, last page: add - and that Councilman Daniels suggested that Winter Springs Development Corporation be contacted regarding this before 1ilork is done since they own the area and the trailer. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Booth, absent; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Planning & Zoning Report, Asst. Commissioner Hendrix reporting: Copies of the monthly Building Department report have been distributed and a copy is on file. City Planner, Allen Bush, reported that the Planning Commission wishes to make a presentation to the City Council of the preliminary Land Use Plan. This is to be on the agenda for July 26, 1976. Police Department report, Commissioner Hendrix reporting: The monthly Police Department report has been distributed and a copy is on file. Public Works Department Report, Commissioner Ash reporting: Copy of the monthly report has been distributed to all Councilmen and a copy is on file. Councilman Ash reported that there are 80 children registered for the Recreation Program at Sunshine Park and there are between 35 and 40 daily attendance. At Tuscawilla there are 47 children registered and between 7 and 10 daily attendance. Fire Department Report, Deputy Mayor Donald Browning reporting: The monthly report has been distributed and a copy is on file. Fire Chief Holzman has been working on a plan to bring the fire hydrants up to standard. This will be on the agenda at a later date. Motion was made by Councilman Daniels that we approve the purchase of five sets of bunker gear which consists of pants and coats in the amount of $399.25; five fire helmets at a total cost of $209.50 and five pairs of firemens boots at a cost of $190.00, total cost of this purchase $798.75. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Booth, absent; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Deputy Mayor Donald Browning thanked the Tuscawilla Homeo,mers Association for their contribution of $100.00 to the Fire Station No.2. e e Regular Session, City Council, July 12, 1976 Page 2 75-76-39 . Mrs. Helen Green who lives across the street from Donna \~hite, the little girl that drowned, said that she was collecting money to purchase a boat for the Rescue Service. She said she checked with Attorney Brock and it was legal to do so. Deputy Mayor Donald Browning recessed the Regular Session and opened the Public hearing for Ordinance No. 138, annexation of Winter Springs Develooment Corporation property. (Due to an error in the publication, this had to be red~ne.) Attorney Brock read proposed Ordinance No. 138 in its entirety for the first reading. No one spoke against the ordinance. Deputy Mayor Donald Bro~vning closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Ash to accept Ordinance No. 138 on the first reading. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Booth, absent; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye motion carried. . Deputy Mayor Donald Browning recessed the Regular Session and opened the public hearing for the change of zoning from RiA to Rl requested by Jon Zabel. Mr. Zabel spoke for the change. Attorney Brock read the location of the requested zoning change. Councilman Ash spoke for the change. Councilman Hendrix said the request was not unreasonable. Mr. Sullivan, Thistle Place, voiced an objection to the rezoning. Mr. Walt Parkhurst, Tradewinds Road, read the recommendation of the Planning Commission that it be denied; Don Sines, P&Z Board Chairman, said that at the hearing held by the P&Z Board, about ten people spoke against the rezoning; Mr. Van Eepoel, Tradewinds Road, asked Councilman Hendrix if there might be a possible conflict of interest, that he should refrain from voting on this issue; Mr. Sam Musgrove, Panama Road, spoke against the rezoning; ~lr. Furlow, Marlin Road, voiced an objection; Mr. Wantz spoke against the rezoning. Mr. Klingbeil's letter asking that it be denied is attached to the minutes. Mr. Van Eepoel asked if it would be legal to have septic tanks and if this is a subdivision, would it be required to have paved streets and city sewerage. Deputy ~layor Donald Browning said it will have to be determined if this is a subdivision and if it will have to come under subdivision laws. Mr. Furlow requested the laws on spot zoning. Mr. Hattaway, 162 Sanlando Springs Drive, Longwood, said it was not spot zoning they were requesting, just a variance in the dwelling size. Councilman Daniels read a definition of spot zoning from a study from the East Central Regional Planning Council. "The designation of an isolated parcel of land or use classification harmful to or d.nconstant vlith the use classification of the surrounding area so as to favor a particular owner. The courts have held such zoning to be unreasonable and capricious. To avoid judicial invalidation zoning of small areas can be enacted only when it is in furtherance of a general plan properly adapted by and designated to serve the best interests of a community as a whole. This does not mean that an entire city or county must be zoned at one time . There must be uniformity in the type or class of building in which the zoning applies." A Court in making a decision on this very thing says, "the finest processes of spot zoning, of singling out a small parcel of l~nd for the use classification 'totally different from that of the surround~ng areas . e e Regular Session, City Council, July 121 1976 Page 3 75-76-39 . for the benefit of the owners of such property and to the detriment of other owners. Spot zoning is the very antithesis of planned zon;{ing.. "Arbitrary or spot zoning to accommodate the desires of a particular land owner is not only contrary to good zoning practice but violates the rights of neighboring lando~mers and is contrary to the intent of the neighboring legislature which con- templates planned zoning based on the welfare of an entire neighborhood". Deputy Mayor Donald Bro~~ing said that this City does need development- but due to the public sentiment voiced by the people that live close to the lots, he was not in favor of this rezoning. Deputy Mayor Donald Browning said he would get a legal op~n~on on the legality of the request from a spot zoning standpoint and continue the public hearing until July 26. Deputy Mayor Donald Browning closed the public hearing and reconvened the Regular Session. Attorney Brock read the second reading of Ordinance No. 137 by title only. Motion Has made by Councilman Daniels to approve Ordinance No. 137 on the second reading by title only. SEconded by Councilman Hendrix. Discussion. Vote on the motion: Councilman Booth, absent; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. . Attorney Brock read the letter from Southern States stating they Hould be willing to refund the customers, dated June 18, 1976. Attorney Brock reported on Friday, July 9th, Mr. Eagan, attorney for Southern States Utilities, Inc., called Mr. Brock and said that the Attorney for the Public Service Commission advised Southern States that if they Here to reach a settlement regarding a refund of the rates, that in essence, they would be agreeing to the rates, and to change the rates would require a public hearing; therefore, they were going to with- draw their previous letter of June 18, 1976. Shortly after that Mr. Kravitz called Mr. Brock and informed him that he was not going to appear before City Council and that he was not going to agree to any refund of rates pursuant to the letter of June 18th. Attorney Brock said there is a case of Cohee vs. Crestridge Utilities Corporation which Mr. Massey feels will give us (City) a standing to contest Southern States. Mr. Hassey feels we could get a temporary injunction and eventually a rate refund. But Mr. Brock emphasized that if there is a public hearing and if they lost, the consumers would have to bear the cost of the public hearing which would be unfair to those 100 people. Councilman Daniels asked Mr. Brock if they had contacted the Public Service Commission and asked them do they feel that those people are bound by those rates they are being charged nOw - do they support the extension of that County approved rate ~V'ithin the City prior to the time they took it over. Attorney Brock said they had not contacted the Public Service Commission. Attorney Brock said the case he mentioned earlier, Cohee vs. Crestridge Utilities, implies that we would be on sound footing because jurisdiction of the Public Service Commission had not come into effect at that time. lir. Brock said he feels sure that he could get the rates rolled back, but the question, "if ~.je do that then those people ~<V'ould have to bear the cost". . . . . ~~ e e Regular Session, City Council, July 12, 1976 Page 4 75-76-39 Councilman Daniels asked ,lhat would be the feasibility of us asking the Public Service Commission if they would agree to order them to roll those rates back until the time they todcover. Councilman Daniels said if we could work it out on an amicable basis ,lith the Public Service Commission, perhaps the PSC would order Southern States to roll those rates back. Attorney Brock said they would pursue that. There was a discussion of the Florida Power Hi-Line problem in the area starting at Bahama and south on Edgemon Avenue. Mayor Piland had questioned the legality due to our underground requirements in the ordinance. Mr. Dyer of Florida Power said it is Florida Power's procedure to build a perimeter line overhead. The main problem of running this line underground is the high cost. We are to get an opinion from Cal Conklin and t..i:r. Hassey and reschedule this on the agenda. Councilman Daniels said that we need to pass some legislation dealing with borrow pits and open bodies of water throughout the City. He said there are three points to be considered: 1. There should be a slope in any pond, lake or body of water; 2. The o,~ers of these bodies of water should be required to post them, keep out, no swimming, etc.; 3. 1;'le as a governing body should make sure that no further bodies of water of this nature are dedicated to this City. Councilmen are to consider this and it will be rescheduled on the agenda July 26. Councilman Daniels passed out his projected income for FY 1976-77; and asked all Councilmen to have their budgets in to him by July 26, 1976. Deputy 11ayor Donald Browning continued the tabled motion on the Planned Unit Ordinance No. 134 until July 26, 1976. The Attorney's report on the City's recourse regarding electrical problems at Hacienda Village \-lil1 be on the agenda for July 26, 1976. lis. Hichele Eckert has a plumbing problem and this is to be included in the Attorney's report. Mr. Jim Ray, 424 Cedarwood Court requested some information on \-,hat had been done to correct the drainage at the corner of Cedar,.ood Court and Alderwood Street South. rlr. Bro"ming said he was waiting for a report from the City Engineer. 11otion was made by Councilman Daniels to adjourn. Seconded by Councilman Ash. Notion carried. Respectfully submitted, ?n~'1 ;-:. ~2: /, Hary T. Norton, City Clerk Approved: 75-76-39 REGULAR SESSION CITY COill'1CIL CITY OF WINTER SPRINGS JULY 12, 1976 The Regular Session of the City Council of the City of Winter Springs, 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 Attorney Newman Brock. Roll Call: Mayor Troy Piland, absent Deputy Mayor Donald Bro~~ing, present Asst. City Attorney Newman Brock, present Councilmen: John Booth, absent Ernest Hendrix, present John Daniels, present Claude Ash, present Motion was made by Councilman Ash to approve the minutes of June 28th with one addition on the last paragraph, last page: add - and that Councilman Daniels suggested that Winter Springs Development Corporation be contacted regarding this before work is done since they own the area and the trailer. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Booth, absent; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Planning & Zoning Report, Asst. Commissioner Hendrix reporting: Copies of the monthly Building Department report have been distributed and a copy is on file. City Planner, Allen Bush, reported that the Planning Commission wishes to make a presentation to the City Council of the preliminary Land Use Plan. This is to be on the agenda for July 26, 1976. Police Department report, Commissioner Hendrix reporting: The monthly Police Department report has been distributed and a copy is on file. Public Works Department Report, Commissioner Ash reporting: Copy of the monthly report has been distributed to all Councilmen and a copy is on file. Councilman Ash reported that there are 80 children registered for the Recreation Program at Sunshine Park and there are between 35 and 40 daily attendance. At Tuscawi1la there are 47 children registered and between 7 and 10 daily attendance. Fire Department Report, Deputy Mayor Donald Browning reporting: The monthly report has been distributed and a copy is on file. Fire Chief Holzman has been working on a plan to bring the fire hydrants up to standard. This will be on the agenda at a later date. Motion was made by Councilman Daniels that we approve the purchase of five sets of bunker gear which consists of pants and coats in the amount of $399.25; five fire helmets at a total cost of $209.50 and five pairs of firemens boots at a cost of $190.00, total cost of this purchase $798.75. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Booth, absent; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Deputy Mayor Donald Browning thanked the Tuscawilla Homeo,~ers Association for their contribution of $100.00 to the Fire Station No.2. Regular Session, City Council, July 12, 1976 Page 2 75-76-39 Mrs. Helen Green who lives across the street from Donna White, the little girl that drowned, said that she was collecting money to purchase a boat for the Rescue Service. She said she checked with Attorney Brock and it was legal to do so. Deputy Mayor Donald Browning recessed the Regular Session and opened the Public hearing for Ordinance No. 138, annexation of Winter Springs Development Corporation property. (Due to an error in the publication, this had to be redone.) Attorney Brock read proposed Ordinance No. 138 in its entirety for the first reading. No one spoke against the ordinance. Deputy Mayor Donald Brot~ing closed the public hearing and reconvened the Regular Session. Motion was made by Councilman Ash to accept Ordinance No. 138 on the first reading. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Booth, absent; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye motion carried. Deputy Mayor Donald Browning recessed the Regular Session and opened the public hearing for the change of zoning from R1A to Rl requested by Jon Zabel. Mr. Zabel spoke for the change. Attorney Brock read the location of the requested zoning change. Councilman Ash spoke for the change. Councilman Hendrix said the request was not unreasonable. Mr. Sullivan, Thistle Place, voiced an objection to the rezoning. Mr. Walt Parkhurst, Tradewinds Road, read the recommendation of the Planning Commission that it be denied; Don Sines, P&Z Board Chairman, said that at the hearing held by the P&Z Board, about ten people spoke against the rezoning; Mr. Van Eepoel, Tradewinds Road, asked Councilman Hendrix if there might be a possible conflict of interest, that he should refrain from voting on this issue; Mr. Sam Musgrove, Panama Road, spoke against the rezoning; ~lr. Furlow, Marlin Road, voiced an objection; Mr. Wantz spoke against the rezoning. Mr. Klingbeil's letter asking that it be denied is attached to the minutes. Mr. Van Eepoe1 asked if it would be legal to have septic tanks and if this is a subdivision, would it be required to have paved streets and city sewerage. Deputy }layor Donald Browning said it will have to be determined if this is a subdivision and if it will have to come under subdivision laws. Mr. Furlow requested the laws on spot zoning. Mr. Hattaway, 162 San1ando Springs Drive, Longwood, said it was not spot zoning they were requesting, just a variance in the dwelling size. Councilman Daniels read a definition of spot zoning from a study from the East Central Regional Planning Council. "The designation of an isolated parcel of land or use classification harmful to or ~nconstant with the use classification of the surrounding area so as to favor a particular owner. The courts have held such zoning to be unreasonable and capricious. To avoid judicial invalidation zoning of small areas can be enacted only when it is in furtherance of a general plan properly adapted by and designated to serve the best interests of a community as a whole. This does not mean that an entire city or county must be zoned at one time · There must be uniformity in the type or class of building in which the zoning applies." A Court in making a decision on this very thing says, lithe finest processes of spot zoning, of singling out a small parcel of l~nd for the use classification 'totally different from that of the surround1ng areas Regular Session, City Council, July 121 1976 Page 3 75-76-39 for the benefit of the owners of such property and to the detriment of other owners. Spot zoning is the very antithesis of planned zon.ing.. "Arbitrary or spot zoning to accommodate the desires of a particular land owner is not only contrary to good zoning practice but violates the rights of neighboring landowners and is contrary to the intent of the neighboring legislature which con- templates planned zoning based on the welfare of an entire neighborhood". Deputy Mayor Donald Bro~~ing said that this City does need development- but due to the public sentiment voiced by the people that live close to the lots, he was not in favor of this rezoning. Deputy Mayor Donald Browning said he would get a legal opinion on the legality of the request from a spot zoning standpoint and continue the public hearing until July 26. Deputy Mayor Donald Browning closed the public hearing and reconvened the Regular Session. Attorney Brock read the second reading of Ordinance No. 137 by title only. Motion was made by Councilman Daniels to approve Ordinance No. 137 on the second reading by title only. SEconded by Councilman Hendrix. Discussion. Vote on the motion: Councilman Booth, absent; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Attorney Brock read the letter from Southern States stating they Hould be willing to refund the customers, dated June 18, 1976. Attorney Brock reported on Friday, July 9th, 11r. Eagan, attorney for Southern States Utilities, Inc., called Mr. Brock and said that the Attorney for the Public Service Commission advised Southern States that if they were to reach a settlement regarding a refund of the rates, that in essence, they would be agreeing to the rates, and to change the rates would require a public hearing; therefore, they were going to with- draw their previous letter of June 18, 1976. Shortly after that Hr. Kravitz called Mr. Brock and informed him that he was not going to appear before City Council and that he was not going to agree to any refund of rates pursuant to the letter of June 18th. Attorney Brock said there is a case of Cohee vs. Crestridge Utilities Corporation which Mr. Massey feels will give us (City) a standing to contest Southern States. Mr. ~1assey feels we could get a temporary injunction and eventually a rate refund. But Mr. Brock emphasized that if there is a public hearing and if they lost, the consumers would have to bear the cost of the public hearing which would be unfair to those 100 people. Councilman Daniels asked Mr. Brock if they had contacted the Public Service Commission and asked them do they feel that those people are bound by those rates they are being charged now - do they support the extension of that County approved rate within the City prior to the time they took it over. Attorney Brock said they had not contacted the Public Service Commission. Attorney Brock said the case he mentioned earlier, Cohee vs. Crestridge Utilities, implies that we would be on sound footing because jurisdiction of the Public Service Commission had not come into effect at that time. Mr. Brock said he feels sure that he could get the rates rolled back, but the question, "if we do that then those people ~1ould have to bear the cost". Regular Session, City Council, July 12, 1976 Page 4 75-76-39 Councilman Daniels asked what would be the feasibility of us asking the Public Service Commission if they vlould agree to order them to roll those rates back until the time they toOkover. Councilman Daniels said if we could work it out on an amicable basis ~.;rith the Public Service Commission, perhaps the PSC would order Southern States to roll those rates back. Attorney Brock said they would pursue that. There was a discussion of the Florida Power Hi-Line problem in the area starting at Bahama and south on Edgemon Avenue. Mayor Piland had questioned the legality due to our underground requirements in the ordinance. Mr. Dyer of Florida Power said it is Florida Power's procedure to build a perimeter line overhead. The main problem of running this line underground is the high cost. We are to get an opinion from Cal Conklin and Mr. Massey and reschedule this on the agenda. Councilman Daniels said that we need to pass some legislation dealing with borrow pits and open bodies of water throughout the City. He said there are three points to be considered: 1. There should be a slope in any pond, lake or body of water; 2. The owners of these bodies of water should be required to post them, keep out, no swimming, etc.; 3. vle as a governing body should make sure that no further bodies of water of this nature are dedicated to this City. Councilmen are to consider this and it will be rescheduled on the agenda July 26. Councilman Daniels passed out his projected income for FY 1976-77; and asked all Councilmen to have their budgets in to him by July 26, 1976. Deputy Mayor Donald Browning continued the tabled motion on the Planned Unit Ordinance No. 134 until July 26, 1976. The Attorney's report on the City's recourse regarding electrical problems at Hacienda Village will be on the agenda for July 26, 1976. Ms. l:1ichele Eckert has a plumbing problem and this is to be included in the Attorney's report. Mr. Jim Ray, 424 Cedarwood Court requested some information on what had been done to correct the drainage at the corner of Cedarwood Court and Alderwood Street South. Mr. Bro~~ing said he was waiting for a report from the City Engineer. Motion was made by Councilman Daniels to adjourn. Seconded by Councilman Ash. Motion carried. Respectfully submitted, ?n~5! ;-: ~ Hary T. Norton, City Clerk Approved: