HomeMy WebLinkAbout1982 11 23 City Commission Regular Minutes
1982-83-6
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
NOVEMBER 23, 1982
The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Mayor John V. Torcaso at 7:30 p. m.
Roll Call:
Mayor John V. Torcaso, present
City Manager Richard Rozansky, present
City Attorney John Sunner, present
Commissioners:
Jim Hartman, present
Buck Adkins, present
Inez Linville, present
Maureen Boyd, present
Leanne Grove, present
The invocation was given by Commissioner Jim Hartman and the pledge of allegiance
to the flag was led by Commissioner Maureen Boyd.
Approval of minutes of Special Meeting and Regular Meeting of November 9, 1982:
There were two corrections to the minutes: Add to motion made by Commissioner Adkins
(to redesignate 16 acre park site east of Howell Creek to condominium) on Page 3,
"at 12 units per acre"; second correction:add on page 2, before the second paragraph
from the bottom, "if all three proposals were accepted by the Commission, they would
not come back at a later date and request any further changes. All three proposals
were not accepted by the Commission, therefore they can request future changes in
the zoning of the Planned Unit Development."
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Motion was made by Commissioner Hartman, seconded by Commissioner Adkins to accept
the minutes as amended. Discussion. Vote on the motion: Commissioner Linville, aye;
Commissioner Boyd, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner
Adkins, aye; motion carried.
There was no public input.
Appointment of City Attorney:
Mayor Torcaso recommended that the firm of Pepper, Hamilton and Scheetz to be the
City Attorney with Frank Kruppenbacher as their representative.
Motion was made by Commissioner Adkins that we accept the recommendation of Mayor
Torcaso for City Attorney, and that he be seated immediately. Seconded by Commissioner
Boyd. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman,
aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Boyd, aye;
motion carried.
Attorney Frank Kruppenbacher was sworn in by Mayor Torcaso.
Attorney Kruppenbacher introduced Stephen Dunegan who is with the firm of Pepper,
Hamilton & Scheetz.
Commissioner Boyd said she received a letter from our previous city attorney about
the matter of her taking a position as police officer and asked the City Commission
to direct the City Attorney for an opinion by the next meeting. Attorney Kruppenbacher
said he would get a finding on this matter for Commissioner Boyd at no expense.
Attorney Kruppenbacher advised that Commissioner Boyd sit in the audience and not vote
at the meeting.
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Regular Meeting, City Commission, Nov. 23, 1982 Page 2 1982-83-6
General Agenda:
Planning & Zoning Board Recommendations of Nov. 10th:
Request of Charles o. Cottle to annex Lots 19,20,21,22 and 23,Blk.D,D.R.Mitchell
Survey,south side of S.R. 419, east of S.R.434 intersection (42 acres at zone C-2,
4.5 acres at zone R-U).
Request of Leffler Co.to annex Lots A-F,Subdivision of Wagner, and Lots 4-7 Blk.C,and
West 1/2 of Lot 4, all of Lots 5-7, and Lot 9-0, Blk.D.,D.R.Mitchell Survey, between
Lake Jessup and northern City limits east of S.R. 434, astride S.R. 419 (260 acres at zone R-
R-U).
Request of Madeleine Luttrell to annex all of Luttrell Park plus part of Lot 1,
Johnston Survey, on S.R. 419 east of Indian Woods. (9 acres at zone R-l).
The City Planner explained that we have three requests for annexation north of the
City limits and south of Lake Jessup. First request is from Charles Cottle and his
request is to be annexed into the City, Lot 20 and a small portion of Lot 19 at R-U.
The rest he wishes to bring in as C-2. All of these lands are currently shown on
the County Land Use plan as agricultural or conservation and the state annexation law
requires that there be no change in the density of the land use for a period of two
years unless the previous jurisdiction waives that waiting period. The Commission has
an opinion from the former City Attorney as to whether or not we could proceed to
annex at the zoning requested by Mr. Cottle and just defer issuing any building permits
for that two year waiting period or whether or not it would be preferable to annex
at our comparable land use category and rezone after two years. The alternative is
to proceed with annexation if you concur with the commercial zoning but ask the
County Commission to give a waiver of the two year waiting period and Mr. Sunner
feels that would be the most responsible action to take if you do concur with the
change of land use. Although the property is south of S.R. 419 our own land use plan
indicates that C-2 generally is to be north of S.R. 419. This property is really
buffered from most adjacent properties by a large wetlands area so that even though
there is residential area there is only one small area there would be a conflict in
land use between residential and commercial. So the question to be decided whether
or not you want this to be C-l or if you can accept his request for a high industrial
category.
Miss Koch explained that if the Commission concurs with C-.2 zoning, and we proceed to
write up an ordinance, the next step would be to ask the County to waive the waiting
period. If they agree, we can proceed to adopt the ordinance; if they deny we would
have to amend the ordinance to change it to our R-U (agricultural) and the applicant
would have to come back at the end of the two year waiting period and ask for re-zoning.
Mr. Cottle and Mrs. Luttrell understand these steps and both want us to proceed and
try to accomplish this re-zoning.
Commissioner Grove was concerned that the City is presently rev1s1ng the uses under
C-land C-2 zoning. The City Planner explained that the Commission will have the
recommendations on the revision of C-2 from the Planning & Zoning Board before the
action would be completed so that the applicants will be aware of the changes.
Commissioner Hartman said Mr. Leffler also is requesting C-2 zoning. Mayor Torcaso
requested a letter be sent to the City by the applicant requesting the C-2 zoning.
Miss Koch explained that Mrs. Luttrell's request is for R-l but after talking to her
that our plan would indicate that R-lA zoning would be the most dense category that
would be acceptable, she understands that.
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Regular Meeting, City Commission, Nov. 23, 1982
Page 3
1982-83-6
Motion was made by Commissioner Hartman to approve the classifications as requested
and to proceed to deal with the County and to revisit the issue upon the County
making a determination in this matter; and advising the applicant that the zoning
may not be locked in and there may not be water and sewer available at the time
of development. Seconded by Commissioner Adkins. Discussion. Vote on the motion:
Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye-
Conflict based on a professional interest; Commissioner Grove, aye; motion carried.
Lot Split Request - Lot 2, Blk. E, Ranches Sec. 3:
Motion was made by Commissioner Adkins, seconded by Commissioner Linville to approve
the lot split and adopt Resolution No. 397. Discussion. Vote on the motion:
Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Grove, aye;
Commissioner Hartman, aye; motion carried.
Highlands Sec. 12, Tract lA-Finding of suitability of land pursuant to Sec.14-60(a) (2).
Mr. Hugh Harling, engineer for the project was present at the meeting.
Motion was made by Commissioner Linville to approve Highlands Sec. 12, Tract lA-finding
of suitability of land pursuant to Sec. l4-60(a)(2), with the recommendation of the
City Engineer with the approved elevation to two feet instead of l~ feet. Discussion.
Vote on the motion: Commissioner Linville, aye; Commissioner Grove, aye; Commissioner
Hartman, aye; Commissioner Adkins, aye; motion carried.
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First Reading of Ord. No. 271, providing for the levy of taxes against the consumer
of public utilities, etc.
Motion was made by Commissioner Adkins, seconded by Commissioner Grove to read by
title only. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner
Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried.
Attorney Kruppenbacher read Ord. No. 271 by title only on first reading. Public
hearing is to be set for January 11, 1983.
Resolution No. 398, appreciation to Martin Trencher:
Motion was made by Commissioner Hartman, seconded by Commissioner Adkins to adopt
Resolution No. 398. Discussion. Vote on the motion: Commissioner Hartman, aye;
Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Grove, aye;
motion carried.
Resolution No. 400, opposing the construction of the Orlando Utilities Commission's
proposed coal-fired Stanton energy center, etc.(Consideration) Tabled until Dec. 14.
City Manager - Richard Rozansky:
Resolution No. 399, providing for the acquisition of a backhoe,etc.
Motion was made by Commissioner Adkins, seconded by Commissioner Hartman to adopt
Resolution No. 399.Discussion.Vote on the motion: Commissioner Adkins,aye;Commissioner
Linville, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried.
Interlocal Agreement-Fire Apparatus Maintenance:
Item 3 of the agreement was discussed and it was recommended that we attempt to
negotiate with the County to see if we can adopt the agreement without Item 3 and also
check with our insurance company. The Commission was in agreement to table until the
next meeting.
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Regular Meeting, City Commission, Nov. 23, 1982
Page 4
1982-83-6
Drainage problem - Lot 42,Blk.G,N.Orl.Terrace Unit I,Sec.S:
Motion was made by Commissioner Adkins to approve the City Manager and the City
Engineer rectifying the drainage problem on Lot 42, Blk. G, North Orlando Terrace
Unit I, Sec. 5. Seconded by Commissioner Hartman. Discussion. Vote on the motion:
Commissioner Linville, aye; Commissioner Grove, aye; Commissioner Hartman, aye;
Commissioner Adkins, aye; motion carried.
Double Taxation-Report/Action:
Motion was made by Commissioner Hartman, seconded by Commissioner Grove to adopt
Resolution No. 40l,accepting the recommendations of the double taxation study
committee and requesting the Seminole County Commission to undertake means to
resolve the differences in law enforcement services of patrol and investigation
and setting forth a time frame for cooperative work to dissolve the double taxation
issue. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman,
aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried.
Monthly reports have been distributed.
Commissioner Hartman asked that resolutions of appreciation be prepared for the Parade
Committee.
Commissioner Adkins recommended that the Public Works Department set up a schedule
for fogging oeprations and Mr. Emery was asked to set up a schedule and give a copy
to the City Manager, Mayor and Commission.
Commissioner Linville asked about the NOWSCO acquisition. Manager Rozansky reported
we are to receive a written proposal around the first of December.
Commissioner Grove commended the Fire Department for the Haunted House and it was
suggested that a resolution of appreciation be prepared for the Fire Department.
Commission Seat I - Jim Hartman:
No Report.
Commission Seat II - Buck Adkins:
Commissioner Adkins referred to the letter from Barnett Bank dated Oct. 21, 1982. He
said the City should notify the Bank they need to improve their drive through window
service. It is definitely a safety hazard.
Commissioner Adkins spoke in reference to the letter from Broad and Cassel dated
November 10, 1982, (Page 2, Paragraph No.2). He said his proposal in the approval
of the amendment was to say that the developer should present the preliminary plan
for the development of that area to the Homeowners Association first, not just inform
them that they do have it. Commissioner Adkins asked that a letter be sent to Broad
and Cassel informing them of the error in their letter to the Mayor and Commissioners.
Commission Seat III - Inez Linville:
No report.
Commission Seat V - Le~nne_Grove:
Commissioner Grove spoke in reference to the Barnett Bank approval.
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Regular Meeting, City Commission, Nov. 23, 1982
Page 5
1982-83-6
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Mayor's Office:
Attorney Kruppenbacher gave a report on the present status of Wander Lake.
Appointment of City Auditor:
Mayor Torcaso selected a committee of Commissioner Hartman, Commissioner Adkins
and Commissioner Grove to look over the three proposals (Watsky & Co., Newman
Fender and Company and Deloitee, Haskins & Sells) and at the next Commission Meeting
come back with a recommendation for City Auditor.
Appointment to East Central Florida Regional Planning Council-Voting Member:
Mayor Torcaso appointed Commissioner Jim Hartman as voting member to the E.C.F.R.P.C.
as representative of the City of Winter Springs for a three year appointment.
Motion was made by Commissioner Adkins to ratify Mayor Torcaso's appointment of
Commissioner Jim Hartman as voting member, 3 year term, to the E.C.F.R.P.C. Seconded
by Commissioner Linville. Discussion. Vote on the motion: Commissioner Linville, aye;
Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye;
motion carried.
Mayor Torcaso asked that a Deputy Mayor be appointed at the next Commission Meeting.
Meeting was adjourned 10:07 p. m.
Respectfully submitted,
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Mary T. Norton,
City Clerk
Approved:
MAYOR
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