HomeMy WebLinkAbout1983 03 08 City Commission Regular Minutes
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1982-83-13
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REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
MARCH 8, 1983
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The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Mayor John V. Torcaso.
Roll Call:
Mayor John V. Torcaso, present
Deputy Mayor Buck Adkins, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, present
Commissioners:
Jim Hartman, present
Inez Linville, present
Martin Trencher, present
Leanne Grove, present
The invocation was given by City Manager Richard Rozansky, and the pledge of allegiance
to the flag was led by Commissioner Inez Linville.
Motion was made by Commissioner Trencher to approve the minutes of Feb. 22, 1983.
Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Grove,
aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye;
Commissioner Trencher, aye; motion carried.
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There was no public input.
General Agenda:
Public Hearing to consider a request of Walt Dittmer and National Homes, Inc., owner,
for amendment to the approved preliminary plan of the Wildwood PUD to redesignate 30
acres west of the power easement from PUD Multi-Family to PUD Industrial:
Mayor Torcaso recessed the Commission Meeting and opened the public hearing.
The City Planner explained that the 30 acres are currently approved on the preliminary
plan of Wildwood to be developed as multi-family with apartments and townhouses. Mr.
Dittmer's request is to amend the preliminary plan to create an industrial park on th~t
site. The original request Mr. Dittmer had that was considered by the P&Z Board
included having warehouses adjacent to the residential area, including truck traffic
to the rear of the property which would corne within sound and sight of the residential
area. For that reason and in consideration of the traffic problems within the area, the
P&Z Board found it inconsistent. By the code then, the applicant automatically comes
to the City Commission for further consideration of the request.
Since that time Mr. Dittmer has altered the request to limit industrial activity to
the area west of the proposed road through the project. Pointing to the map, Miss
Koch said the area outlined in gold would be entirely in either professional offices
or small warehouses with access only from the front. This would be so adjacent not
to Wildwood residences but also to a subdivision in Seminole County directly south of
the property. That plan would offset the negative impact that might occur under the
original plan. The proposal not only includes traffic access only from the west, so
that there would be less impact on the residential property, but also there would be
no windows or doors to the rear so that the project would appear to be one long, low
brick wall from the view of the residences. Similar consideration would be made across
from the subdivision in Seminole County. All industrial activity would be in the area
(in orange) which is in conjunction with existing commercial along U.S. 17/92. This
would seem to allay one of the major concerns the P&Z Board had in making the finding
of inconsistency.
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One further consideration they felt was quite important was the impact of traffic.
The number of vehicles per day would not really increase with the change from multi-
family to commercial. However, the type of vehicle and the sound and noise of truck
traffic are quite different from the passenger cars coming into a residential area.
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Regular Meeting, City Commission, March 8, 1983
Page 2
1982-83-13
What remains to be considered is what will the impact
off 17-92 to Shepard Road down to the industrial area
17-92. What effect will that have on the people that
this area.
be of truck traffic coming in
or out Florida Avenue over to
live in Seminole County in
Mr. Dittmer was present and spoke for the request. Tom Green, Attorney, representing
the Wildwood Homeowners asked that the request be denied. David Hudick, Crestwood Way,
Sam Long, Heather Court, Beth Lee, Thistle Place, George Smith, Lakeview Drive, Doug
Gondera, Briarwood Drive, Mrs. A. Arenas, Lakeside Drive all spoke against the request.
Judy Montrose, Thistle Place spoke in discussion. Betsy Neilson, Glasgow Court, Glen
Gillete, Castlewood, Suzette Morris, Glasgow Court all spoke for the request.
Mayor Torcaso closed the public hearing and reconvened the Commission Meeting.
Attorney Green again spoke against the request. Attorney L. W. Carroll, representing
Mr. Dittmer asked to speak. Upon Attorney Kruppenbacher's recommendation, Mayor
Torcaso reopened the Public Hearing and recessed the Commission Meeting. Mr. Carroll
spoke for the request. Mr. Al Richardson, Linden Drive and Mrs. Grace Sullivan,
Wildwood, spoke against the request. Mayor Torcaso closed the public hearing and
reconvened the Commission Meeting.
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Motion was made by Commissioner Linville to deny the redesignation of 30 acres west
of the power easement from PUD Multi-Family to PUD Industrial and PO (Professional
Offices) in yellow area; and my reasoning is I cannot believe that you do not have to
have a rear entrance on these buildings and also I feel there is no way to restrict
business only to daylight hours and not to weekends; I have to agree with homeowners,
I wouldn't want industrial next to me either. Seconded by Commissioner Adkins for
discussion. Discussion. Mr. Dittmer spoke in discussion. Vote on the motion:
Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye;
Commissioner Trencher, no; Commissioner Grove, no; motion carried.
Request of Jay and Agnes Miller for vacation of utility easement on Lot 28, Walden
Terrace.
The City Planner explained the property is on the north side of Brookside Drive in
Walden Terrace. The request is basically to vacate the five foot utility easement
on the east side of the property to seek approval to build a boat shed. There are
two approvals necessary - to vacate the utility easement and then an exception to
the side setback from the Board of Adjustment. All the relevant utility companies
have waived any interest.
Motion was made by Commissioner Trencher to approve the request. Seconded by
Commissioner Hartman.Discussion. Vote on the motion: Commissioner Adkins, aye;
Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye;
Commissioner Hartman, aye; motion carried.
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Request of R.A. and H.T. Van de Graaff for waiver of subdivision requirements for
dividing Lot 3, Block E, Ranches Section 1 into three lots.
The City Planner explained the property is on the north side of Panama Road between
Hayes and Shore Roads. The request is under Sec. 14-3.2 which allows for waiver of
installation of subdivision improvements upon recommendation of staff and approval
by the Commission. The current request would be within the size standards of the
RC-l zone. The City Engineer has some comments which you have recommending you waive
the improvements.
Regul~r Meeting, City Commission, March 8, 1983
Page 3
1982-83-13
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Motion was made by Commissioner Adkins that we approve the subdividing but subject
to the 5% fee to the City for parks and recreation based on the appraised (tax
assessor's) value. Seconded by Commissioner Grove. Discussion. Vote on the motion:
Commissioner Linville, aye; Commissioner Trencher, aye; Commissioner Grove, aye;
Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried.
First Reading of Ord. No. 274, to extend its territorial and municipal limits to
annex the hereinafter described lands situate and being in Seminole County, Fl., etc.:
Pointing to the map, Miss Koch said the Ord. No. 274, would allow the property in
crossmarks to be annexed into the City, approximately 260 acres. All will be zoned
R-U for at least two years following the annexation unless Seminole County would
waive the zoning.
Motion was made by Commissioner Trencher, seconded by Commissioner Hartman to read
Ord. No. 274 by title only on first reading. Discussion. Vote on the motion:
Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye;
Commissioner Adkins, aye; Commissioner Linville, aye; motion carried.
Attorney Kruppenbacher read Ord. No. 274 by title only on first reading. The Public
Hearing is to be set for April 26, 1982.
Commission Ratification of appointments to P&Z Board and Code Enforcement Board:
Motion was made by Commissioner Hartman, seconded by Commissioner Adkins, to ratify
the appointments of Taru Joshi, D.Robert Smedley and Thomas Dougherty. Discussion.
Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner
Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye; motion carried.
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Resolution No. 409, requesting the FDOT to provide for nighttime construction on the
widening of SR 436 between Boston & Douglas Ave., etc.:
Motion was made by Commissioner Trencher to adopt Resolution No. 409, seconded by
Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye;
Commissioner Adkins, aye;Commissioner Linville, aye; Commissioner Trencher, aye;
Commissioner Grove, aye; motion carried.
City Manager - Richard Rozansky:
FY 1982-83 Budget Adjustment - Ord. No. 275, first reading:
Manager Rozansky suggested the public hearing be set for April 12, 1983, and have a
Workshop on March 29, 1983. Two changes have been made to the attachment of the
Budget ordinance, approximately $61,000.00 in the Capitol Improvements Fund and year
end Reserve $205,000.00. He said there will have to be some revisions in the revenues
and expenditures, namely a reduction in ad valorem because of the $25,000 exemption and
an adjustment in the utility taxes revenue.
The Commission was in agreement to read Ord. No. 275 by title only on first reading.
Attorney Kruppenbacher read Ord. No. 275 by title only on first reading.
Commissioner Trencher asked that the Commission reconsider the reduction of the utility
taxes and asked that an ordinance to reduce utility taxes be brought back to the
Commission for discussion at the Workshop on March 29, 1983.
Report of Municipal Complex Committee - Mr. Gil Artman:
Mr. Artman, Chairman of the Committee said there is a definite need for a municipal
complex to house the administrative staff and police department.
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Regular Meeting, March 8, 1983, City Commission
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1982-83-13
Mr. Artman said the committee recommended that a professional firm be retained to
determine the location, design and sources of funding, but said the Committee would
like to reserve the right to review when this package is put together.
Motion was made by Commissioner Trencher to seek out those firms who could do a
feasibility study on a municipal complex that would involve possible site selection
and preliminary design. Seconded by Commissioner Adkins. Discussion. Vote on the
motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye;
Commissioner Linville, aye; Commissioner Trencher, aye; motion carried.
Reports:
Manager Rozansky said he has received communication from Attorney Jones for payment for
legal work on the Winter Springs Elderly Communities. The Commission was not in favor
of paying this bill or the auditor's bill. The Commission's recollection was that
during discussions with the Winter Springs Elderly Communities (Mr. Thornton) these
fees would be paid by the Developer. Attorney Kruppenbacher said he would look into
this matter.
City Attorney- Frank Kruppenbacher:
Report on condemnation of Utility Company:
Attorney Kruppenbacher passed out a memo to the Commission describing what takes place
in condemnation of public utilities. He said it is a very expensive proposition. He
said he drafted a resolution that creates a committee that will enable us to study the
feasibility of condemning the utility because there is preparation work necessary.
Mayor Torcaso recommended Commissioner Adkins be on the Committee along with the City
Manager and the City Attorney.
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Discussion followed on the condemnation proceedings of the North Orlando Water and
Sewer Company. Along with the memorandum on Condemnation Procedures - North Orlando
Water and Sewer Company,Attorney Kruppenbacher passed out a memorandum on the City of
Winter Springs/North Orlando Water and Sewer Company Rate Increase Request and a letter
to the Public Service Commission re: North Orlando Water and Sewer Company Rate Increase
Request.
Motion was made by Commissioner Grove that we direct the City Manager to attend the
interim rate increase hearing in Tallahassee on March 15, 1983 to voice our objections.
Seconded by Commissioner Trencher for discussion. Discussion. Vote on the motion:
Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Trencher, aye;
Commissioner Grove, aye; Commissioner Hartman, aye; motion carried.
Motion was made by Commissioner Trencher to instruct the Manager and Attorney to sit
down with North Orlando Water & Sewer Corp. and conduct substantive negotiations
towards arriving at an agreeable price for the utility and at the same time study the
advisability of the necessity for the acquisition through condemnation of NOWSCO by
the City of Winter Springs and to adopt Resolution No. 410. Seconded by Commissioner
Grove. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner
Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins,
aye; motion carried.
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Motion was made by Commissioner Adkins to withdraw the $2,000,000 offer for the purchase
of NOWSCO. Seconded by Commissioner Linville. Discussion. Vote on the motion:
Commissioner Trencher, aye; Commissioner Grove, aye; Commissioner Hartman, aye;
Commissioner Adkins, aye; Commissioner Linville, aye; motion carried.
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Regular Meeting, March 8, 1983, City Commission
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1982-83-13
Attorney Kruppenbacher gave a brief report on the Wander Lake matter, the Pope lawsuit,
Alexatos and Florida Land cases.
Commission Seat I - Jim Hartman:
Commissioner Hartman asked that a committee be appointed to bring industry into Winter
Springs, an industrial development committee or authority to try to look into drawing
industry to Winter Springs. He asked the Commission to have some recommendations for
the next meeting.
Commission Seat II - Buck Adkins:
At the Workshop Meeting on March 29, 1983, Commissioner Adkins asked that discussion
be held on ways to pave the roads in the Ranchlands. He also asked for the mosquito
spraying schedule.
Commission Seat III - Inez Linville:
No report.
Commission Seat IV - Martin Trencher:
Commissioner Trencher asked that the Ordinance to reduce the utility taxes be
on the agenda for the Workshop Meeting on March 29, 1983.
Commission Seat V - Leanne Grove:
No report.
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Mayor's Office:
Mayor Torcaso reminded the Commission of the City Manager's evaluation which is due
April 1.
Meeting was adjourned 10:39 p. m.
Respectfully submitted,
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Mary T. Norton,
City Clerk
Approved:
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.~ I/~a:.;?--Z'-- __,MAYOR
JB N V. TORCASO
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