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HomeMy WebLinkAbout1983 10 11 City Commission Regular Minutes . . . '. . REGUk~R MEETING CITY COMMISSION CITY OF WINTER SPRINGS OCTOBER 11, 1983 83-84-1 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 William Jacobs, present Leanne Grove, present The invocation was given by Commissioner Jim Hartman; the pledge of allegiance to the flag was led by City Manager Richard Rozansky. Motion was made by Commissioner William Jacobs, seconded by approve the minutes of Sept. 27, 1983. Discussion. Vote on Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Jacobs, aye; motion carried. Commissioner Grove, to the motion: Commissioner aye; Commissioner Linville, Public Input: John Hatfield, Ermine Ave., recommended the City adopt a noise ordinance. Mrs. Dottie Crumpton, Albert Street, presented petitions as follows: Curfew-curfew time would remain the same - eleven p.m. but we ask that the age limit be raised to seventeen from the present age of sixteen. If anyone in this age group is required to be out past this hour, they would be required to obtain a permit from the Police Department. Police Department - we recommend that four additional police officers be added to the force and that two additional patrol cars (preferably unmarked) be purchased, so that the police will be more readily available to carry out their duties. We feel that the patrol areas are too large to be adequately covered by the present number in the Police Department. Another petition- prohibit open containers of alcholic beverages on any municipal road or right of way within the city limits. Also, if not already in effect, with the passing of this restriction, a permit would be required for the consumption of alcoholic beverages in city maintained parks and recreation areas. Mrs. Mary Ellen Lowndres, Forest Circle, presented a petition protesting the building and operation of a gasoline and/or service station on Hwy. 434 between S.Fairfax Ave. and S.Devon. This area is within three blocks of W.S.Elementary School and will present a safety hazard for the children's access to ~nd from the school. The property mentioned for development, abuts an established residential street of young family homes and the gasoline station would not fit into this area esthetically. At a prior council meeting in City Hall, the Winter Springs residents expressed unanimously that they feel no need exists for another gasoline station or a similar place of business within the city limits on Hwy. 434 of Winter Springs. Mr. Crumpton, Albert St., asked for a lower speed sign on SR 434 by the school for the safety of the children in the mornings and afternoons. to Regular Meeting, City Commission Oct. 11, 1983 Page 2 83-84-1 . General Agenda: Public Hearing to consider an Appeal from the Board of Adjustment decision to limit density to 10 units per acre in connection with a Conditional Use approval for multi-family development in zone C-l and to deny Special Exceptions for building height of 50 ft. (Sec. 44.45.4), for density of 31.5 units per acre (Sec. 44.45.5), and for provision of only 1.5 parking spaces per unit (Sec. 44.45.8), on property south of S.R. 434 between Fairfax and Moss Road. Mayor Torcaso recessed the Commission Meeting and convened the public hearing for purposes of hearing the testimony on the Appeal. The City Planner explained the property is on the south side of SR 434, west of Moss Road and east of Fairfax Ave. It is not immediately on SR 434; it is just behind the Laundromat, North Orlando Food Store and the Veterinarian. The property is a little over three acres. The request was for a Conditional Use to develop this commercial property with multi-family dwellings. The Board of Adjustment approved that feature but refused to allow the density of 31.5 units per acre. They approved the Conditional Use for multi-family but limited it to 10 units per acre; in addition to that request the applicant asked for an exception to the height which would be limited to 45 feet. He asked for an exception to go up to 50 feet. Also, the Code requires that there be two parking places provided for each unit and the applicant requested 1.5 spaces per unit. The Board denied both the reduced parking spaces and the increased height. They did approve the use of the property for multi-family dwellings but limited it to 10 units. . The following persons spoke against the appeal: Mary E. Lowndes, Forest Circle, Samir Fekany, S. Fairfax Ave, Mary Ann Fekany, S. Fairfax Ave., Daniel L. McLeod, Albert St., Edwin F. Lowndes, Forest Circle, Jack Crumpton"Albert St., Don Smith, Albert St., Dorothy Crumpton, Albert St., Alvin Roggenkamp, Albert St., James B. Dasher, Galloway Court, Marjorie Malich, Camphorwood. Tom Binford spoke for the Appeal. He gave a video presentation. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to override the Board of Adjustment's decision and grant a Conditional Use to the applicant a maximum density of 80 units, and under the current site plan, to have the most southern building no higher than 3 stories. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Public Hearing for Ord. No. 277, amending Sec. 2-23 and 2-24 of the Code, providing for written bids on all purchases for more than four thousand dollars, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 277 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and convened the Public Hearing for Ord. No. 277. No one spoke for or against the ordinance. Mayor Torcaso closed the Public Hearing and reconvened the Commission Meeting. Motion was made by Commissioner Grove to approve Ordinance No. 277. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. . , . Regular Meeting, City Commission, Oct. 11, 1983 Page 3 83-84-1 Resolutions of Appreciation Nos. 426, 427, 428, and 429, to George Mahoney, Victor Suarez, J. R. Hattaway and Kenneth Smith: Mayor Torcaso read Resolution No. 426 in its entirety. Motion was made by Commissioner Jacobs, seconded by Commissioner Adkins for discussion, to approve Resolutions Nos. 426, 427, 428 and 429. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Approval to record plats of Tuscawilla Units 12 and 13: The City Planner explained that everything is in order except for some technicalities. Units 12 and 13 are in the eastern section of Tuscawilla and with those developments Winter Springs Boulevard is completed over to Bear Creek. Northern Way is completed to join up with Winter Springs and one of the conditions is related to the fact that there now will be three intersections of Winter Springs Boulevard and Northern Way. This has been discussed and the Police Chief and the Fire Chief have tried to come up with a solution to distinguish between the three in case of an emergency. They advised me their suggestion is that the signs be also marked with the block number so that they can ask for further information from the caller. Approval to record the plats is recommended subject to: (1) provision of additional signage to the Chiefs' satisfaction at all three intersections of Winter Springs Blvd. and Northern Way; (2) review and approval by the City Engineer of an off-site drainage easement on pages 1 and 2 of the plat of Unit 12 and correction of the certification letter for Unit 12 tOI include this easement; (3) approval by the City Attorney of the form of the performance bond and deed restrictions for both units; (4) correction of the dedication on the plat of Winter Springs Blvd. from Northern Way to Howell Creek. . Jay Alpert, Winter Springs Development Corp., said he had no problem with the first 3 conditions. He said the fourth condition was something he was not aware of. Mr. Alpert said it is Winter Springs Development's position that that road is owned and has been owned by the City of Winter Springs since that right-of-way deed was granted. Discussion followed on ownership of the road and street lighting. Motion was made by Commissioner Hartman that we not accept it unless we get street lighting on this section of Winter Springs Boulevard,. Seconded by Commissioner Linville. Discussion. Motion was withdrawn by Commissioner Hartman. Motion was made by Commissioner Hartman to table recording of Plats Units 12 and 13 until the next meeting. Seconded by Commissioner Jacobs. 'iote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Acceptance of improvements in west half of Oak Forest Unit 3: Motion was made by Commissioner Jacobs to approve. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. . Street Lighting - Winter Springs Boulevard between Northern Way and Clubhouse and Northern Way between Tuscany Place and Winter Springs Boulevard: Tabled until next meeting. . . . Regular Meeting, City Commission, Oct. 11, 1983 Page 4 83-84-1 Discussion of resolution for gas tax: Commissioner Adkins said the City of Longwood voted to request the County not to change the distribution schedule they have now for the next 10 years, the life of the gas tax. He said it should be on record how this Commission feels. Manager Rozansky is to draw up a resolution expressing our intent, and this will be on the agenda for the next meeting. Ordinance No. 280-Zoning- Planned Unit Development: Motion was made by Commissioner Linville, seconded by Commissioner Adkins to read Ord. No. 280 by title only on first reading. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Attorney Kruppenbacher read Ord. No. 280 by title only on first reading. City Manager - Richard Rozansky: 1. Pension Plan: Manager Rozansky reported the Trustees held a meeting on Sept. 28, 1983. At that meeting they discussed the possibility of the Florida Municipal Pension Plan to administer our pension plan. Mr. Wood made a presentation and the Board of Trustees voted to go with the Florida Municipal Pension Plan. The Agreement will be on the agenda for the next meeting. Refuse Contract: Mr. Jennings of I.W.S. has exercised his option to extend the contract for two years. The contract will expire in December of 1985. Resolution No. 430 supporting the County position on S.R. 419: Motion was made by Commissioner Hartman, seconded by Commissioner Adkins to adopt Resolution No. 430. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Attorney Kruppenbacher said he was assured by Mr. Higgins, counsel for Florida Land that we will have an offer by the end of October. On the Alexatos case, Attorney Kruppenbacher said that he sent a letter to Alexatos' attorney that following the last meeting, in view of the actions taken by the Commission that it was good faith on their part to dismiss that lawsuit. Commission Seat I - Jim Hartman: Commissioner Hartman talked about the drainage problem on Coral Way. The City Engineer and City Manager will look into this problem. Commission Seat II - Buck Adkins: Commissioner Adkins asked that a legally viable plan for noise, alcoholic beverage and curfew be on the agenda for the next meeting. Along with the curfew, he asked if it would be possible to limit the time the 7-ll's and game machine rooms can operate. Commissioner Adkins extended his thanks to Winter Springs Development Corporation for himself personally and all the people in Tuscawilla with children in school for putting in the sidewalks in a timely manner. Regular Meeting, City Commission, Oct. 11, 1983 Page 5 83-84-1 . Commission Seat III - Inez Linville: Commissioner Linville was pleased to see that they are repa1r1ng the shoulders on SR 419 going out to Tuscawilla and she thanked Chief Govoruhk for his prompt letter to DOT. Commission Seat IV - William Jacobs: Commissioner Jacobs asked about the stop signs he requested for his area. He asked about sidewalks for the Terrace area and when they would be installed. Commission Seat V - Leanne Grove: Commissioner Grove said on the curfew why not raise it to 18. She also talked about the stop sign on Alton Road. Mayor's Office: Tom Dougherty, Chokecherry Drive, talked about utilizing City Hall by Homeowners Associations and would like the Manager to reconsider his turn down to him. Manager Rozansky said it was a Commission decision to not allow the use of the City Hall for private meetings. Meeting was adjourned at 10:30 p. m. Respectfully submitted, ~;:Mr . Mary T. Norton, City Clerk Approved: ~ Jr ci~ ,MAYOR ~ .