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Home My WebLink About1984 10 09 City Commission Regular Minutes \ ~ ~ 84-85-1 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS OCTOBER 9, 1984 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 Also present Attorney Drew Thomas Commissioners: Jim Hartman, present Inez Linville, present William Jacobs, present Leanne Grove, present The invocation was given by City Manager Richard Rozansky. The Pledge of Allegiance to the flag was led by Commissioner Leanne Grove. Motion was made by Commissioner Linville, seconded by Commissioner Jacobs to approve the minutes of Sept. 24 and Sept. 25, 1984. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Public Input: Officer Wesley Dowell, Winter Springs Police Department, introduced the McGruff Crime Dog which was made possible by Mr. Jon Hall. And Officer Dowell presented Mr. Hall a plaque of appreciation. The Postmaster of the Casselberry Post Office presented an engraving of the McGruff stamp (to take a bite out of crime) to Police Chief John Govoruhk. . Larry Cerra, Blue Spruce Court, spoke about the Fairway Oaks project. General Agenda: Development Plan-Fairway Club Condominiums: Attorney Michael D. Jones was present on behalf of the Imara Corporation, and asked for a continuance of this hearing until the end of this month as they did not have their consultants ready. Mayor Torcaso informed Attorney Jones that Mr. Rice had been informed of this meeting about three weeks ago. Motion was made by Commissioner Grove, seconded by Commissioner Hartman that we deny this request for a continuance. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. The following persons spoke against the proposed Fairway Oaks project: David Simmons presented petitions with over 1400 signatures opposed to the proposed development; Joe Gleason spoke about property valuation and submitted photographs; George Weigle, spoke about traffic and also submitted photographs; A1 Becker submitted a copy of the minutes of the meeting of the Board of Directors of the Fairway Oaks, July 29, 1983; Tony Tiano talked about the Planned Unit Development changes; Betty Shorthouse presented several exhibits; John Gupton spoke about schools; Terry Rutter spoke about compatibility; Hugh Arnold spoke about utilities; and Gene Dorman gave a summation. Tom Freeman, Dyson Drive, also spoke against the proposed project. . ~ 4 . Regular Meeting, City Commission, Oct. 9, 1984 Page 2 84-85-1 David Brown of Broad and Cassell, spoke about utilities and compatibility. The City Planner, Peter Cowell, gave a brief presentation. He showed the location of the proposed development. There is a problem with drainage and the engineers for the project are still working on the engineering. Attorney Thomas said that at the request of the former City Planner he made an effort to determine whether the property in the Tuscawilla PUD which is the subject of Imara's application, has ever been the subject of an approved preliminary PUD development plan and if so, whether that preliminary PUD Development plan established any residential densities which would affect the City Council's review of Imara's application. After researching he found something was approved in 1971, but he is not sure whether it established densities. A final PUD development plan can only be approved if the Council finds among other things, that the final plan is in sub- stantial compliance with an approved preliminary PUD development plan. If there is no approved preliminary plan, then there can be no approved final plan. If the issue of densities arise, and there is no approved density in the preliminary plan, then the Council is free to apply the guidelines set forth in Sec. 44.85(4) of the City code. However, because of the peculiar nature of the PUD zoning process, and the manner in which the Code is written and also because of the things that have happened over the years, even if we discover the preliminary development plan was formally approved, the inquiry is not complete. First the previous approval may have lapsed, or in terms used in the zoning code, may have become null and void because of the property owners failure to timely commence construction on the subject property. Second, even if a preliminary PUD development plan covering the subject property is still viable, that plan may not contain all the elements now required, specifically density. . Attorney Thomas then referred to the resolutions he prepared. Motion was made by Commissioner Jacobs, to adopt Resolution No.1 and amend to read City Commission. (Resolution #1, Resolution denying application of Imara Corporation for Final P.U.D.Development Plan Approval, Grounds: No Viable Preliminary Plan) Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Motion was made by Commissioner Jacobs to adopt Resolution No.2. (Resolution #2, Resolution denying application of Imara Corporation for Final P.U.D.Development Plan Approval, Grounds: Application inconsistent with previously approved Final P.U.D.Development Plan). Seconded by Commissioner Grove for discussion. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Motion was made by Commissioner Jacobs to adopt Resolution No.3. (Resolution #3, Resolution denying application of Imara Corporation for Final P.U.D. Development Plan approval, Grounds: Proposed density is not suitable). Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried.. . Motion was made by Commissioner Jacobs to adopt Resolution No.4. (Resolution #4, Resolution denying application of Imara Corporation for final P.U.D. development plan approval, Grounds: Inadequate utility and transportation systems to support . . . Regular Meeting, City Commission, Oct. 9, 1984 84-85-1 Page 3 proposed population. Seconded by Commissioner Adkins for discussion. In discussion, Commissioner Adkins said he didn't think Res. #4 should be adopted because there is a letter from a consulting firm about a traffic survey, but no physical survey was done, it was just a letter to Mr. Weigle. About the inadequate utility, we don't have any firm proof that it is inadequate. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, no; Commissioner Adkins, no; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Motion was made by Commissioner Jacobs to adopt Resolution No.5, and to include in the third Whereas, Sec. 14-122 and 123 which deals with drainage. (Resolution #5, Resolution denying application of Imara Corporation for Chapter 14 preliminary land development plan approval). Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. State Grant Funding for Wastewater Treatment and Disposal: Mr. Terry Zaudtke, Conklin, Porter & Holmes, Engineers, Inc., said this was post- poned at the last Commission Meeting until the City purchased the utility company. The utility company was purchased Oct. 5, 1984. The Commission had asked Mr. Zaudtke to call DER and find out what our chances were at this point. After discussion with a Mr. MacElroy, Mr. Zaudtke said the City is 47 out of a total list of approximately 80 projects. Motion was made by Commissioner Hartman that we allot Conklin, Porter and Holmes $20,000 for State Grant Funding for Wastewater Treatment and Disposal studies and getting the paperwork ready, and that they come back to the Commission once they get near that $20,000.00 mark. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Rossman Annexation: Planning & Zoning Board and Staff recommended the property be annexed. Motion was made by Commissioner Jacobs to direct the Staff to prepare an ordinance to annex the Rossman property at C-2 zoning. Seconded by Commissioner Linville. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs,aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. City Manager - Richard Rozansky: Bid recommendations for municipal complex: Manager Rozansky reported the City went out for bids for the municipal complex on Sept. 25th and received 12 bids. Mr. Gordon Monday recommends we accept the bid of LeCesse Corporation. Commissioner Grove read the letter from Don McKenna, former City Planner, in reference to the LeCesse Corp., and asked for a review by the City Attorney. Motion was made by Commissioner Hartman to put this on the Agenda for Oct. 23, 1984. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; motion carried. . '" .. Regular Meeting, City Commission, Oct. 9, 1984 Page 4 84-85-1 Municipal Complex-Interior Design: Motion was made by Commissioner Jacobs to approve the contract with Donna Kirby Associates. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. and North Orlando Water & Sewer Corp.: Manager Rozansky reported that we closed on the Bond Issue Wednesday, Oct. 3 and closed on the utility company on Friday, Oct. 5, 1984. Manager Rozansky said he gave the Commission copies of the contract with Seminole County for the paving of a portion of Citrus Road, which has been reviewed and approved by the City Attorney. Grievance Procedure for Handicapped Individuals (Requirement of FRS): ~ Motion was made by Commissioner Jacobs to place the Grievance Procedure on the Agenda. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. . . Motion was made by Commissioner Adkins, seconded by Commissioner Jacobs to approve the Grievance Procedure for Handicapped Individuals. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Manager Rozansky introduced the new City Planner, Peter Cowell. Attorney Kruppenbacher reported that the laws have changed on voting on conflicts. If you have a conflict, you will have to declare the conflict and state what the conflict is. Commission Seat I - Jim Hartman: Commissioner Hartman spoke about the letter from Chemical Enterprises in reference to donating property to the City. This will be on the Agenda for the next meeting. Commission Seat II - Buck Adkins: Adoption of Southern Standard Building Code for pools and spas: Commissioner Adkins said he would like the City to have an ordinance started adopting standards for above ground portable pools, ladders and filters and minimum standards for residential spas. Commission Seats III, IV and V - no reports. Mayor's Office: Mayor said there will be a Workshop Meeting on Oct. 16th with D.O.T. to discuss SR 419 and the Citizens Advisory Committee to the Seminole County Expressway Authority. Meeting adjourned 10:45 p. m. Appt,oved:) \oll/ I .~.'i- /1. JI \. j. /, ~ .....<1 ~~ vV'-- . ,J ('r-"'f-<./"'./?~-l. "JOHN/V. TORCASO / j Respectfully submitted, ~A:y/ ~~ Mary T. Norton, City Clerk ,MAYOR