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HomeMy WebLinkAbout1984 08 28 City Commission Regular Minutes . ... . REGULAR HEETING CITY COMMISSION CITY OF WINTER SPRINGS AUGUST 28, 1984 83-84-23 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by t1ayor John V. Torcaso. Roll Call: Mayor John V. Torcaso, present Deputy Mayor Buck Adkins, present City Manager Richard Rozansky, present City Attorney Paul Bowen, present Commissioners: Jim Hartman, present Inez Linville, present William Jacobs, present Leanne Grove, present The invocation was given by Mayor John V. Torcaso. The pledge of allegiance to the flag was led by Commissioner William Jacobs. Motion was made by Commissioner Jacobs, seconded by Commissioner Hartman to approve the minutes of August 14, 1984. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Public Input: Officer Wesley Dowell presented a Certificate of Appreciation to Bobby Glinda, president of the Ladies Auxiliary, and Ida Vilar, Youth Activities Director of the VFW, Post 5405, for their donation of materials for drug abuse, bicycle safety and their assistance. . John Bailey, Pearl Road, spoke in reference to proposed Ordinance No. 300. Martin Trencher, Marni Drive, spoke about Highland Village I. Public Hearing for Ord. 298, repealing Sec. 8-2 of the Code entitled "Rummage Sales" and providing for new Sec. 8-2; requiring a permit, payment of a fee, removal of signs promptly, etc. Second Reading. Attorney Bowen read Ord. No. 298 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the Public Hearing for purposes of hearing comment on the ordinance. John Bailey, Pearl Road, Art Harris, Sable Court, and another resident spoke against the ordinance. C. Hemming, Hacienda Village spoke for the ordinance. Mayor Torcaso closed the Public Hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs to adopt Ordinance No. 298. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, no; motion carried. . Public Hearing for Ord. No. 300, governing the distribution of circulars, handbills, newspapers, magazines, other papers and merchandise on residential property, etc. Second Reading.: Attorney Bowen read Ord. No. 300 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the public hearing for purposes of hearing discussion on the ordinance. Mr. Art Harris, Sable Court, spoke against the ordinance, too restrictive; Mr. Jay Alpert, Sable Court, spoke for the ordinance; Martin Trencher Marni Drive, spoke against the ordinance; Arthur Hoffmann, Mt. Laurel Drive, suggested a means to indicate acceptance, possibly by placing a box alongside the mailbox for all other items instead of throwing on the yards; C. Hemming, 28 Hacienda Village, opposed the ordinance;L. Cerra, Blue Spruce Court, opposed; T. Tiano, Tuscawilla, opposed; -. , . Regular Meeting, City Commission, Aug. 28, 1984 Page 2 83-84-23 John Maiuri, Tradewinds Road, suggested following the federal government's procedures for junk mail; Mike Hattaway, Tuscawilla, spoke for the ordinance; he said he whole- heartedly endorses the concept; J. Dasher, Highlands, spoke against; Carl Stevens, Fisher Road, concerned about the aspect of citizens distributing handbills and John Bailey, Pearl Road, opposed. Commissioner Jacobs said the intent of the ordinance was to eliminate junk mail being thrown on lawns. Commissioner Adkins said everyone has their rights and one of his rights is not to have anything thrown on his lawn that he doesn't want there; and to specifically have to request that it not be there when it shouldn't be there in the first place, he objected to that. Commissioner Linville'said to allow people to deliver things on your doorstep rather than throwing things on the lawn; need to redo the ordinance. Mayor Torcaso.closed the Public Hearing and reconvened the Commission Meeting. Motion was made by Commissioner Grove to table Ord. No. 300 and the comments be taken back to the City Attorney that drafted the ordinance, and a re-draft be written. Seconded by Commissioner Linville. Discussion. In discussion, Commissioner Grove said we presently have ordinances on the books in reference to soliciting and litter- ing; maybe take all three and come up with one ordinance. Attorney Bowen summarized the ordinance starts out looking at the right of the person; the purpose in the ordinance was to say it is not the burden of the private residence to stop this; it is the burden as placed on the person that wants to solicit; to obtain the consent to go do this. After discussion, it is to do it the other way around and if you do not want it, then you come to the City and tell them you do not want this junk mail thrown on your lawn. We are switching that burden from the individual who wants to solicit to the private owner. . Commissioner Hartman suggested writing an ordinance as follows: the distribution of material by the placing of materials on lawns without the permission or subscription by the owner shall be prohibited, but the materials may be delivered from door to door, but not thrown on the lawns without the owner's consent. Attorney Bowen said the overall approach which is the burden, should rest with the person making the solicitation. It is just that we want to restrict it as to the type of distribution; the wholesale throwing of many items on the ground rather than taking the time of putting them at the door. Commissioner Adkins said that handbills that have nothing to do with commercial advertising, basically citizens rights should be allowed under any circumstances. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. Highland Village I Replat (tabled): The City Planner, Don McKenna, said the applicant wishes approval of the Highland Village Replat which is part of the Highland Village I development approved by City Commission in April 1983. Density of the area previously proposed was 12 units per acre. Density has now been lowered to 7 units per acre. The type of unit being built will be 2 story townhomes with garages. . The slope of drainage pond A which is located along Third Street has been suggested to be changed from a 4-1 slope to 3-1 slope along Third Street to save the existing trees ~ . Regular Meeting, City Commission, Aug. 28, 1984 Page 3 83-84-23 and landscaping along the area. The City Planner said the Highlands Homeowner's Association has indicated they agree with this change provided a fence will not be required along the retention pond. The slope of the drainage swale along the western property line which is on the golf course, and shuwn as 2-1 on the engin- eering plan will be regraded to 4-1. Mr. Alex Halberstadt, president of Newlando, was present. Martin Trencher, Marni Drive spoke about the buffering. Motion was made by Commissioner Linville that we approve Highland Village I Replat in accordance with Staff recommendations and that we do request that the Developer try to restore that area where trees were removed on Third Street. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; we should have some type of landscape plan in a couple weeks; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Oak Forest Unit 5 - Final engineering approval: The City Planner, Don McKenna, said Oak Forest Unit 5 is a project which is part of the Oak Forest Phase II within the Tuscawilla Planned Unit Development, approved as a preliminary plan on March 27, 1984 by City Commission. Unit 5 is a single family development consisting of 92 lots. The City Engineer recommended final engineering approval be postponed until applicable permits are obtained. Mr. Jay Alpert, Winter Springs Corporation and Bel-Aire Homes, spoke about permittigg. . Motion was made by Commissioner Grove that the approval of final engineering on Oak Forest Unit 5 be postponed as recommended in the City Engineer's letter of Aug. 28, 1984, until the applicable permits are obtained or waivers to said permits are obtained. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Hartman, no; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. City Manager - Richard Rozansky: Wander Lake: Motion was made by Commissioner Hartman that we instruct the City Attorney to draft an ordinance to sell Mr. McNorrell 28 feet at a cost of $160.00 per foot and all costs involved including the $250.00 appraisal fee. Seconded by Commissioner Adkins for discussion. Motion was amended by Commissioner Hartman that the monies go back into that area for trees, shrubbery, grass, two fences and a small dock. Vote on motion as amended: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. In reference to the bids on Moss Road, the Engineer will have a recommendation at the next meeting. . Res. No. 456, fixing the fee to be charged to developers to fund the cost of maintenance and electric service charges, etc. Attorney Bowen read Resolution No. 456 by title only. Motion was made by Commissioner Jacobs, seconded by Commissioner Adkins to approve Resolution No. 456. Discussion. Vote on the motion: Commissioner Linville, aye; . Regular Meeting~ City Commission~ Aug. 28~ 1984 Page 4 83-84-23 Commissioner Jacobs~ aye; Commissioner Grove~ aye; Commissioner Hartman~ aye; Commissioner Adkins~ aye; motion carried. ~1unicipal Complex: There was discussion of water to the site. Motion was made by Commissioner Jacobs that we authorize the City Manager to go out for bids for construction of the municipal complex. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Jacobs~ aye; Commissioner Grove~ no; Commissioner Hartman~ no; Commissioner Adkins~ aye; Commissioner Linville~ aye; motion carried. Manager Rozansky reported the tennis courts are completed and will be opened to the public this week-end. He said we are going to have to put underdrains on Hayes Road. The following changes were made on the Code Enforcement Board: The Code presenter was changed from Charles Sexton to Bob Butler and the Code Inspector was changed from Wesley Dowell to Barry Cook. Manager Rozansky said we need to discuss a utility manager for the utility company. Commission Seat I - Jim Hartman: No report. Commission Seat II - Buck Adkins: Commissioner Adkins said as a homeowner and parent~ he would like to thank the City of Winter Springs and the Public Works Department for the sidewalk in place going to the new school in a timely fashion. . Commission Seats III~ IV & V - no reports. Mayor's Office: Mayor Torcaso read the Election Proclamation. Motion was made by Commissioner Hartman, Seconded by Commissioner Jacobs, that the eight inspectors for the Nov. 6, 1984 Election be paid $50.00 each for their work on Election Day and the four clerks receive $10.00 each. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Mayor Torcaso read the letter from Florida Power Corporation as follows: The Honorable John V. Torcaso, Mayor, and the Board of Commissioners, City of Winter Springs, Winter Springs~ Florida. Subject: Electric Franchise Ord. No. 290 and associated Resolution of the City of 1vinter Springs. Gentlemen: The undersigned Florida Power Corporation hereby accepts the above-mentioned franchise revision and each of the terms thereof as clarified by the Resolution adopted ~1ay 22, 1984. Please file this acceptance letter in the official records of the City, so that it may be a matter of record along with the said franchise ordinance No. 290, the aforesaid Resolution and the appropriate amendments thereto. Very truly yours, Florida Power Corporation By: M. H. Phillips, Senior Vice President (Signed). Meeting was adjourned 10:15 p. m. Respectfully submitted, . Approved: ~~~ ) ~ V ,L,-,-, J HN V. TORCASO Hary T. Norton, City Clerk ,MAYOR