HomeMy WebLinkAbout1982 06 22 City Commission Regular Minutes
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1981-82-20
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
JUNE 22, 1982
The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Deputy Mayor John Torcaso. The invocation was given by
Commissioner Martin Trencher. The pledge of allegiance to the flag was led by
Commissioner Jim Hartman.
Roll Call:
Mayor Troy Piland, absent
Deputy Mayor John Torcaso, present
City Manager Richard Rozansky, present
City Attorney A1 Cook, present
Commissioners:
Jim Hartman, present
Buck Adkins, present
Martin Trencher, present
Maureen Boyd, present
Motion was made by Commissioner Adkins to approve the minutes of June 8, 1982.
Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner
Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner
Hartman, aye; motion carried.
There was no public input.
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Public Hearing to consider an appeal from the Board of Adjustment decision to grant
the request of Nicholas A. Pope, Trustee for Special Exception in zone C-l to
construct a gas station with sale of groceries on the northwest corner of S.R. 434
and Moss Road, Winter Springs, Florida.
Deputy Mayor Torcaso recessed the Regular Meeting and ~onvened the public hearing to
consider the appeal from the Board of Adjustment decision to grant the request of
Nicholas A. Pope, Trustee. Persons wishing to speak were sworn in by City Clerk.
The following persons spoke against the appeal: Mr. Kevin G. Dinneen, Mr. Barry
Selip, Walter Judge, Jerry Handshuh, William Crump, Robert B. Crockett, Robert
Schumaker (also presented a letter from Emile Skura in opposition to the appeal)
and William Clark of Hacienda Village.
Mr. C. Baker of Hacienda Village, presented a petition signed by 333 persons who
objected to the granting of a special exception to construct the gas station with
the sale of groceries on the northwest corner of S.R. 434 and Moss Road.
The following persons spoke for the appeal: Mr. Cornell P. Baker, Hacienda Village;
Leonard and Lorraine Hoffman, Hacienda Village; Jane and John Ridenour, Hacienda
Village; Fred and Marjorie Gallagher, Hacienda Village; Margaret and Donald Earnshaw,
Hacienda Village; William J. Reese, Jr., Hacienda Village; Arthur Busch, Hacienda
Village; Marta Garam, Maitland~ Cowley Arnold, Brookside Drive; James Damron,
Hacienda Village;Jean Pressler, Aberdeen Lane;Helen Reese, Hacienda Village; Emma
Weiss, Hacienda Village; Nancy Damron, Hacienda Village;H. K. Riner, Hacienda Village;
John Kondratick, Hacienda Village;Hazel Painter, Hacienda Village; Mildred Anderson,
Hacienda Village; William Shellem, Jr., Hacienda Village;Louise Riner, Hacienda Village;
Dorothy Gugel, Hacienda Village; Dorothy and Kenneth Foster, Hacienda Village;Edna
Christenson, Hacienda Village;Gertrude Keatley, Hacienda Village; Minnie Cook,
Hacienda Village; Gertrude Murdock, Hacienda Village; Ebba Canton, Hacienda Village;
Henrietta Baker, Hacienda Village; Anna Busch, Hacienda Village;Jessie Liebman, Hacienda
Village; Ruth Beckmann, Hacienda Village; Opal Littiken, Hacienda Village; Anna
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Regular Meeting, City Commission, June 22, 1982
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Santangelo, Hacienda Village; Lillian Jackson, Hacienda Village; Mary Shadowens,
Hacienda Village; Lonnie Jackson, Hacienda Village; Clarence Chrisman, Hacienda
Village; Dorothy Ridings, Hacienda Village; Clements Ridings, Hacienda Village;
Leanne Grove, Alton Road; Geraldine and Lloyd Anderson, Hacienda Village; Loretta
and Kenneth Gammell, Hacienda Village; Eloise Joerger, Indian Ridge; Grace Clark,
Hacienda Village. Mrs. Gwendoline How~ll, Hacienda Village, spoke in discussion.
Deputy Mayor Torcaso closed the public hearing and reconvened the Commission Meeting.
Motion was made by Commissioner Hartman to overturn the decision of the Board of
Adjustment because we feel it will be a threat to the health, safety and welfare
of the community and will not comply with the character of the neighborhood or be
in harmony with the intent of the zoning ordinances of the City of Winter Springs.
Seconded by Commissioner Adkins for discussion. Commissioner Trencher said this
is the fourth convenience store issue he has sat in on and that each has:to be
judged on their own merit. Commissioner Trencher was concerned of either approving
or disapproving a convenience store-gas station until the issues are settled in the
courts on the basis of the lawsuit that we currently have by Mr. Alexatos. He said
he would ask the Commission to consider a moratorium on the granting of such requests
until there is some indication from the courts where we legally stand. Vote on the
motion: Commissioner Trencher, abstain; Commissioner Boyd, aye; Commissioner Hartman,
aye; Commissioner Adkins, no.
Motion was made by Commissioner Boyd that we continue this public hearing until
next regular meeting. Seconded by Commissioner Hartman. Vote on the motion:
Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye;
Commissioner Trencher, aye; motion carried.
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Planning & Zoning Board Recommendations:
Preliminary Plan for Tuscawilla Units 12 and 13:
Units 12 and 13 in Tuscawilla are east of the extension of Winter Springs Boulevard
and south of it. The plan calls for 129 single family lots on 105 acres for 1.2
units per acre density. The City Engineer has reviewed the plans and recommends
approval. Staff reviewed it and the Planning & Zoning Board recommends approval.
Motion was made by Commissioner Trencher, seconded by Commissioner Adkins to approve
the preliminary plan of Tuscawilla Units 12 and 13. Discussion. Vote on the motion:
Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, aye;
Commissioner Boyd, aye; motion carried.
Approval of new Official Zoning Map - Sec. 44.26 (3):
The City Planner said the map is offered as the new official zoning map of the City.
The Zoning Board has reviewed it and recommends it be adopted with the notation on
the 305 acres that the zoning on that property is under litigation.
Motion was made by Commissioner Boyd to approve the map presented as the official
zoning map of the City of Winter Springs. Seconded by Commissioner Trencher. Discussion.
Vote on the motion:Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner
Boyd, aye; Commissioner Hartman, aye; motion carried.
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Submittal of Part I of Draft of Proposed Evaluation and Appraisal Report on
Comprehensive Plan:
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Regular Meeting, City Commission, June 22, 1982
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Jacqueline Koch, the City Planner, explained that the State Comprehensive Planning
Act requires that at five year intervals after adoption of-the plan there be an
evaluation and appraisal report written on the implementation and success of the
plan for that time period. Also, the City's comprehensive plan has at the end of it
a provision for a revision of the plan at five year intervals and 1982 is the time
for both of these documents to be prepared. This report is a combination that
satisfies the City's decision to make a revision every five years and it also
includes the evaluation and appraisal that the state law requires. The five year
period ends Sept. 27; however, the law gives the State Planning Council and other
jurisdictions a 60 day review period to make comment on the plan. The P&Z Board
and the Planner are asking the Commission to authorize them to transmit this
indicated as a preliminary draft to those agencies so they may begin their review,
and during the next two months it will be up to the Commission to conduct a review
of the proposal and make any recommendations and changes they wish prior to adoption
on Sept. 30. There will need to be two public hearings if the adopted land use map
is changed to an extent greater than 5% of the acreage in the City but it will be
required to hold one public hearing before the Commission before adopting that report.
The only action needed at the moment is for the Commission to give authorization to
send the preliminary draft so they may begin their 60 day review period so we can
get their comments back before we have to take action.
Motion was made by Commissioner Boyd, seconded by Commissioner Trencher, to give
authorization to send the preliminary draft to the other jurisdictions so that we
can get their comments. Discussion. Vote on the motion: Commissioner Trencher,
aye; Commissioner Boyd, aye; Commissioner Hartman, aye; Commissioner Adkins, aye;
motion carried.
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Ranchland Christian School - Extended use of Temporary Building:
Manager Rozansky reported that he received a letter from the Ranchlands Christian
Day School requesting an extension to the use of temporary classrooms that they have
on their property located on Hayes Road. The Commission gave them permission last
July 14th until July 1, 1982.The Staff recommends that this be reviewed on an annual
basis, and that it be extended until July 1, 1983.
Motion was made by Commissioner Hartman, seconded by Commissioner Boyd that we grant
the request and allow them to utilize their temporary classroom facility until July
1, 1983. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Hartman,
aye; Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried.
City Manager - Richard Rozansky:
Paramedic Program:
Manager Rozansky said for his next budget for 1982/1983, he is going to propose
to the Commission that we enter Phase II of the Paramedic Program which entails
hiring three more paramedics, obtaining the remainder of the equipment, approximately
$15,000 and we need to get Rescue I certified. We presently have four paramedics;
and one firefighter has recently been certified, Mr. Gerald Kane.
Motion was made by Commissioner Hartman, seconded by Commissioner Trencher to authorize
the City Manager to upgrade Gerald Kane to paramedic status. Discussion. Vote on the
motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher,
aye; Commissioner Boyd, aye; motion carried.
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Iron Bridge Expansion:
Manager Rozansky reported that he has sent letters to North Orlando Water & Sewer
Corp. and Seminole Utilities asking them if they wanted to reserve capacity at
Iron Bridge. As of this date no response has been received from North Orlando Water
& Sewer Corp., but Seminole Utilities has indicated they would like to discuss this
matter.
Reports:
Manager Rozansky introduced Mr. Sam Smith, the new Building Official.
Monthly reports have been distributed.
Attorney Cook gave a brief report on the Florida Land lawsuit. Attorney Cook explained
that the matter is appealed by Florida Land. The decision of the Fifth District Court
upholding the constitutionality of our ordinance, our referendum procedure. The only
argument now is should the Supreme Court hear the case. The Fifth District Court
refused to stay their decision which means the case is coming back to Judge Leffler
in the Circuit Court. The case will be active again at the stage of proceedings it was
at the time the Judge ruled that our referendum procedures were invalid. The Supreme
Court will rule very shortly whether they will hear the appeal; in the meantime the
case will be ongoing in the Circuit Court level.
Manager Rozansky reported that he received a letter from Florida Power in reference
to a change in rates. Manager Rozansky said he will send a letter to Ray Sittig
to get group support from other municipalities to approach the PUblic Service
Commission in reference to this change.
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Manager Rozansky reported that on July 1 Tuscawilla Road will be transferred to the
County for maintenace and responsibility.
Manager Rozansky reported that he has received a memo from Ray Sittig in reference
to the E. Harris Drew local government award. Commissioner Trencher suggested that
Mayor Piland be our nomination for the award. Manager Rozansky said all that was
necessary was to be signed by two elected officials.
Commission Seat I - Jim Hartman:
Motion was made by Commissioner Hartman that Richard DeFazio be appointed to the
Planning and Zoning Board to replace David Bartley who was appointed last meeting and
resigned the following day. Seconded by Commissioner Trencher. Discussion. Vote on
the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman,
aye; Commissioner Adkins, aye; motion carried.
Commission Seat II - Buck Adkins:
Motion was made by Commissioner Adkins that the City Commission approve my appointment
of John Hatfield to the Planning and Zoning Board, Seat II and reappointment of Ted
Holz to the Board of Adjustment for a two year term. Seconded by Commissioner Hartman.
Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Hartman, aye;
Commissioner Adkins, aye; Commissioner Trencher, aye; motion carried.
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Seminole Cablevision:
Mr. John Walsh, Director of Engineering of Orange/Seminole Cablevision and Mr. Robert
Schultz, Construction Manager, were present. Mr. Walsh gave the following schedule of
construction: Huntly Lane, scheduled for Oct. 1982, Tuscawilla Units 8, 9, 9A (including
part of Wedgewood), Sept. 1982; Wildwood Oct. 1982; Foxmoor, west of Edgemon Avenue
Oct. 1982 and Indian Ridge, Oct. 1982. The proposed construction schedule for 1983:
Winged Foot, North Orlando Ranches, Sugarcreek, Foxmoor east of Edgemon Ave., and
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Regular Meeting, City Commission, June 22, 1982
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Rustic Woods and Wedgewood Tennis Villas. Mr. Walsh discussed the high cost of
construction and the reasons for the delay in construction.
Commission Seat III - Martin Trencher:
Motion to place on the agenda a motion for setting a moratorium for applications
for gas stations and convenience stores by Commissioner Trencher, seconded by
Commissioner Hartman. Discussion. Vote on the motion: Commissioner Hartman, aye;
Commissioner Adkins, aye; Commissioner Trencher, aye; Commissioner Boyd, aye;
motion carried.
Motion was made by Commissioner Trencher that the City Commission exercise a six
months moratorium concerning all applications for special exception as it relates
to gas stations and convenience stores as during this period of time we will be
working to redefine the specific uses of such lands. Seconded by Commissioner
Hartman. Discussion. Vote on the motion: Commissioner Adkins, no; Commissioner
Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye; motion carried.
Commission Seat IV - Maureen Boyd:
Motion was made by Commissioner Boyd to appoint Cindy Kaehler to the Planning &
Zoning Board. Seconded by Commissioner Adkins. Discussion. Vote on the motion:
Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Hartman, aye;
Commissioner Adkins, aye; motion carried.
Motion was made by Commissioner Boyd to appoint Al Davis to the Board of Adjustment.
Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Boyd,
aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, no;
motion carried.
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Meeting was adjourned at 11:00 p. m.
Respectfully submitted,
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Mary T. Norton,
City Clerk
Approved:
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