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HomeMy WebLinkAbout1976 07 26 City Council Regular Minutes .. . e fI 75-76-40 . REGULAR SESSION CITY COm~CIL CITY OF iHNTER S PH. IN GS JULY 26, 19H i, The Regular Session of the City Council of the City of tJinter Springs, Florida was called to order by Mayor Troy Piland. The invocation was given by Mayor Troy Piland. The pledge of allegiance to the flag was led by Councilman Claude Ash. Roll Call: Mayor Troy Piland, present City Attorney Gary Massey, present Deputy Hayor Donald Browning, present Councilmen: Ernest Hendrix, present John Daniels, present Claude Ash, present Motion was made by Councilman Browning to approve the minutes of with several minor corrections. Seconded by Councilman Daniels. Vote on the motion: Councilman Hendrix, aye; Councilman Daniels, Ash, aye; Councilman Browning, aye; motion carried. July 12, 1976 Discussion. aye; Councilman Mayor Piland read the letter of resignation of John B. Booth. Motion was made by Councilman Daniels to accept the resignation of John Booth. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; Councilman Bro~lning, aye; motion carried. Letters were received from Don Sines and Larry Pellerin requesting to be considered to fill the position. . Mayor Piland opened the floor for nominations and Councilman Danmels placed the name of Don Sines in nomination. There were no other names placed in nomination. Motion was made by Councilman Ash to close nominations. Seconded by Councilman Brovming. Discussion. Vote on the motion: Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; Councilman Browning, aye; motion carried. 110tion was made by Councilman Daniels to appoint Don Sines as Councilman to fill the vacancy caused by the resignation of John Booth., Seconded by Councilman Bro\vning. Discussion. Vote on the motion: Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; Councilman Bro~vning, aye; motion carried unanimously. Hr. Don Sines was sworn in by City Attorney Gary Hassey. . Continued Public Hearing Requested by Mr. Jon Zabel: M?yor Piland recessed the Council Meeting and opened the continued public hearing for purposes of considering the re-zoning of property from R1A to Rl requested by Hr. Jon Zabel. Hr. Tom Sullivan, Thistle Place, Hr. John Furlow, Narlin Road, Hrs. Barbara Christenson, Crystal Circle, Casselberry, all objected to the re- zoning. Hayor Piland asked Attorney Hassey for his opinion on spot zoning. Attorney Hassey said from a technical standpoint, for the Council to pass the zoning, they would have to re-zone the whole area. They could not rezone a part thereof. Council would have to consider re-zoning the whole area or a change Regular Se~sion, City CO~il, July 26, 1976 pa_2 u 75-76-40 . of the classification as far as square footage is concerned. Council C4~ consider that from a standpoint that applicants can not apply for a change of zoning classification for land they do not ovm, but if the City Council felt that there should be an adjustment of square footage classification for the particular zoning districts involved, the Council would have to not only change the applicants property but all the property out there to alloel for less square footage. Councilman Daniels sho"led the map shoHinG their lots to be re-zoned. He read one of the definitions of spot zoning as he had the previous hearing which began, "spot zoning is the antithesis of planned zoning, etc." Councilman Daniels said "I don I t see hmV' we can support this request recognizing from the map that it is spot zonin;..; and recognizing what the authorities say on spot zoning." Hayor Piland informed Council that Hr. Zabel had requested that this public hearing be postponed until August 9th as he would not be able to attend. There were objections to postponing this hearing. Mayor Piland closed the public hearing and reconvened the Council Heeting. Attorney Hassey said there was no conflict of interest as far as Councilman Hendrix and Councilman Ash voting on this issue. Hotion '-las made by Councilman Daniels that ~le ratify the recommendations of the Planning and Zoning Board, that is to deny the petition. Seconded by Councilman Sines. Discussion. Vote on themotion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; Councilman Broivning, aye; motion carried. . Improvements to Burgos Road: Hotion Has made by Councilman Daniels that He authorize the Burgos Road sub- division to move ahead provided that the engineering recoMuendations supplied by our City engineer, Cal Conklin of Clark, Dietz & Associates, be met completely. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Sines,aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; Councilman Bro~vning, aye; motion carried. Financial Report: Councilman Daniels reported that our revenues Here 6% under those expected. Overall the City is 7% under pro-rated expenditures through June. Councilman Daniels said the City is doing o. k. and he asked that budgets be placed on the agenda for the next meeting. Mayor Piland reported that he has put a City Manager position in his budget. Councilman BrOi.ming, Councilman Ash, Councilman Hendrix supported the City lIanager and Councilman Sines and Councilman Daniels said this would have to be discussed. Zoning Board Re-appointments: Hayor Piland recommended that Hr. John NeVlsome, Hr. John Sabatini, and Hr. Dennis Salvagio be re-appointed to the Zoning Board. Hotion Has made by Councilman Bro,;vninG to ratify the reappointments of Hr. Nm-lsome, Hr. Sabatini and Hr. Salvagio to the Zoning Board. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; Councilman BroHning, aye; motion carried. . . . Regular 'Session, City tltncil, July 26, 1976 P.3 75-76-40 . Electrical Problems at Hacienda Villa~e: l:layor Piland said he has informed theOBuilding Department to turn over the problems to the o\mers of the park as these problems are found, and action is to begin within 24 hours or the City will cease to issue certificates of occupancy or any permits. Hr. Harvey reported that repair Hork is progressing s lo~.;rly. Vacating the easement for Shop & Go: Notion was made by Councilman Ash to instruct the Attorney to dra\" up a resolution to vacate the easement for Shop & Go. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye;; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Public Hearing for Ordinance No. 139: Deputy Mayor Donald BroTNning recessed the Council Neeting and opened the public hearing for Ordinance No. 139, the annexation of the School Board property. Attorney Hassey read the ordinance in its entirety. Councilman Daniels asked what advantage this annexation would be to the City. Mrs. Daniels, Antelope Trail, spoke against the annexation. Councilman Hendrix spoke for the annexation. Deputy ~layor Donald Bro~ming closed the public hearing and reconvened the Regular Session. ~lotion was made by Councilman Hendrix to approve Ordinance No. 139 on the first reading. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Second Reading of Ordinance No. 138: Attorney Massey read the second reading of Ordinance No. 138 by title only. . ~lotion was made by Councilman Ash to adopt Ordinance No. 138 on the second reading. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. The tabled motion for the Planned Unit Development Ordinance No. 134 was continued until the next meeting. Installation of Light Poles on South Edgemon Avenue: The City engineer's recommendation for installing light poles on South Edgemon Avenue ,vas that he was not opposed to putting poles on the east side of the road. }lotion \'ms made by Councilman Daniels that vm authorize Florida Po,'mr Corporation, Florida Land Company in conjunction to use overhead lines as feeder lines to service the FO)mlOOr Units 1 and 2 and that these poles will be of concrete construction, that these poles will be placed on the east and southerly side of S. Edgemon Avenue, that these concrete poles vlill be placed as far back in the right-of-"ay away from the street as possible as recommended by the City Engineer. Seconded by Councilman Sines. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. . Councilman Daniels emphasized that this action in no way establishes precedent for future deviations from subdivision regulations which requires that all feeder lines and all distribution lines within subdivisions De underground and further planning on the part of both Florida Power Corporation and developers should incorporate these. e e Regular Session, City Council, July 26, 1976 Page 4 75-76-40 . Mr. Bush and Mr. Bradshaw are to meet with representatives from Florida Power Corporation to go over our under:.;round requirements in the ordinance. Presentation of the Land Use Plan: Mr. Allen Bush, City Planner, made a presentation of the preliminary land use plan to bring Council up to date on what has been accomplished. Council was asked for input into the Plan and a Workshop Session is to be set up for discussion of this plan. Bids for Air Packs: Finance Commissioner, John Daniels, opened the bids for air packs as follows: Central Florida Fire Equip. Co.: 2 air packs, 955.00 and 2 spare bottles 229.50; ABC Fire Equipment, Inc.: 2 air packs, 437.70 ea. and 2 spare bottles 106.20 each; Seminole Fire Equipment Co.: 2 air packs, 926.00 and 2 spare bottles 229.50; Jack Cocke & Co., Inc.: 2 air packs 841.00 and 2 spare cylinders 244.00; Jacksonville Fire Equipment Co.: 2 air packs 1,030.00 and 2 spare bottles 255.00. These bids are to be turned over to the Fire Chief and he will make a recornmenda- tion to Council at the next meeting. Hotion vJaS made by Councilman Hendrix to put line code changes on the agenda. Seconded by Councilnmn Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. . Hotion T..Tas made by Councilman Hendrix that $1,000 be transferred from L.C. 206 to L. c. 365 Miscellaneous. Seconded by Councilman Ash. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Hotion Has made by Councilman Hendrix that $1200.00 be transferred from L. C. 635 Hachinery and equipment to 645 Repairs and maintenance. Secondeod by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. Deputy Mayor Donald Browning appointed a committee of Councilman Ash, Councilman Sines and Councilman Daniels to discuss the use of the Community Building for a program sponsored by Seminole Community College. They v.Jill make a recommendation at the next Council Heet~ing. Councilman Ash reported that he needs a letter from the City to allow the prisoners to continue cleaning out Gee Creek. Motion was made by Councilman Ash to put discussion of toilet partitions on the agenda. Seconded by Councilman Daniels. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. . Motion was made by Councilman Ash that we purchase partitions for the Community Building in the amount of $885.00 and 30.00 for paper holders. Seconded by Councilman Hendrix. Discussion. Vote on the motion: Councilman Sines, aye; Councilman Hendrix, aye; Councilman Daniels, aye; Councilman Ash, aye; motion carried. . . . e e Regular Session, City Council, July 26, 1976 Page 5 75-76-40 Councilman Daniels asked Attorney Massey to proceed with obtaining franchises with Southern States Utilities, Southern Bell Telephone Company and Winter Park Telephone Company. Meeting was adjourned. Approved: TROY Respectfully submitted, ?k~r~ Mary T. Norton, City Clerk