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HomeMy WebLinkAbout1981 09 22 City Council Regular Minutes -- 80-81-32 . REGULAR MEETING CITY COUNCIL CITY OF WINTER SPRINGS SEPTEMBER 22, 1981 The Regular Meeting of the City Council of the City of Winter Springs, Florida, was called to order by Mayor Troy Piland. The invocation was given by Councilman Maureen Boyd. The pledge of allegiance to the flag was led by Mayor Troy Piland. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Al Cook, present Councilmen: Jim Hartman, present Wilfred Arnold, present Martin Trencher,present Maureen Boyd, present Motion was made made and amended by Councilman Torcaso to approve the minutes of Sept. 8, 1981 as amended. (lunended to included the time limit for the Barnett Bank request to October 1, 1982). Seconded by Councilman Trencher. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Public Input: Mr. Fred Winslow, Y.M.C.A. was not present. Mrs. Ellen Weiss, Winter Springs Boulevard, asked about the enforcement of the ban on watering as she has noticed people are washing their cars and driveways. The Attorney said the ordinance does not prohibit the washing of cars and driveways. Ben Kaplan, 108 Burgos Road, referred to a newspaper article in that Winter Park was receiving a grant from the Fla. D.O.T. to acquire two mini-buses, and he would like our City to find out if we would be eligible for the same. . Mr. Ed Lombardi was not present to receive the Resolution of Appreciation. Public Hearing for Ordinance No. 251, annexation of south 155 ft. of Lot 10, Entz. Farms, etc.(J.M.Hall) Second Reading. Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of hearing comment on proposed Ordinance No. 251. Attorney Cook read Ordinance No. 251 by title only on second reading. No one spoke against the ordinance. Mayor Piland closed the public hearing and reconvened the Council Meeting. Motion was made by Councilman Arnold to adopt Ordinance No. 251. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; motion carried. Public Hearing for Ordinance No. 253, assessing in criminal proceedings in addition to all other costs an additional $1.00 etc. Second Reading. Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of hearing input on proposed Ordinance No. 253. Attorney Cook read Ordinance No. 253 by title only on second reading. No one spoke against the ordinance. Mayor Piland closed the public hearing and reconvened the Council Meeting. Motion was made by Councilman Arnold to adopt Ordinance No. 253. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. . ~ . Reg. Meeting, City Council, Sept. 22, 1981 Page 2 80-81-32 . Public Hearing for Ordinance No. 254, conveying the planting strip designated on the plat of North Orlando First Add. Blk. 26, etc. Second Reading. Mayor Piland recessed the Council Meeting and convened the public hearing for of hearing input on proposed Ordinance No. 254. Attorney Cook read Ordinance by title only on second reading. No one spoke for or against the ordinance. Piland closed the public hearing and reconvened the Council Meeting. purposes No. 254 Mayor Motion was made by Councilman Hartman to adopt Ordinance No. 254. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Public Hearing for an appeal from the Board of Adjustment decision to not grant a variance to create more than two lots each from both of platted Lots 2 and 3, Blk. A, N.Orlando Ranches Sec. 1. Persons wishing to speak in the public hearing signed their names and were sworn in by the City Clerk. Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of hearing the appeal from the Board of Adjustment decision. Ms. Koch, the City Planner, gave the background of the two lots in question. Lot 2 was approved to be split by Council in July 1978 to be divided into two parts according to an exhibit attached to the resolution. Lot 3 was approved on Oct. 1979 also accord- ing to an exhibit attached to the resolution. The property was split into three pieces each so that now there are three owners of each of the two original lots. The applicant requested from the Board of Adjustment approval for a building permit for each of the two fragments that are remaining. The Board of Adjustment denied approval of the third building lots. . Mr. Gary Hunt spoke for the appeal. He said the land is virtually unusable at this time. The Board of Adjustment granted a waiver to the subdivision regulations on July 16, 1981. Mrs. Hannah, 401 Moss Road, spoke against the appeal; Mr. Richard Buchanio, 258 Panama Road, said he had no objection to the lot split but that this will set a precedent. If this is going to be allowed then some consideration should be given to improvements; Sam Musgrove, E. Panama Road, said the issue we are facing now is the destruction of a well planned subdivision - we just don't like what is happening to us; Bill Jacobs, S. Edgemon Ave., spoke against the lot split; Neil Baccus, Panama Road, talked about a drainage problem; Mr. Hunt spoke again for the appeal; said a hardship does exist on the property. Mayor Piland closed the public hearing and reconvened the council meeting. Motion was made by Councilman Trencher to deny the appeal from the Board of Adjustment decision and affirm the decision of the Board of Adjustment not to grant a variance to create more than two lots each from both of platted Lots 2 and 3, Block A, North Orlando Ranches Section 1. Seconded by Councilman Arnold. Discussion. In discussion Councilman Trencher said his decision is based on the following: 1. I don't believe there are any hardships here that were not created on the basis of the owner's own doing through a period of time from December 1977 to the current day. Further the seller sold the land under its existing use and I believe it's at the risk of the buyer to beware that said lots might not accommodate the buyer's needs i.e. the argument that you cannot put houses on those lots. I don't believe a hardship exists as far as the City is concerned and its populace. I believe a hardship remains between the buyer . . . . Reg. Meeting, City Council, Sept. 22, 1981 80-81-32 Page 3 and seller. When we look at a situation where Council is asked to correct a problem that is created because of a business arrangement, I go back to the whole situation where I spoke during the Hartman cases in that City ordinances are not designed to be a vehicle to developers to develop property outside the general conditions of the City Code. Sec. 14-4 of the Code allows the Board of Adjustment to grant a variance when such variance will not be contrary to public interest and result in unnecessary hardship. I don't believe the case was made this evening for unnecessary hardship and the special conditions that might exist for such a variance are not peculiar to the land, they are peculiar to the arrangement made to sell the land and there is a significant difference. We don't have the case the land is unusable because of its terrain or topography. We have a case here that it's unusual because through a series of business arrangements the land wasn't transacted properly. I have said that the inequities of the past are not a benchmark for the decisions made in the future. This is why, Council, I do not see any reason to approve this appeal. Councilman Arnold concurred. Councilman Hartman spoke against the motion. Councilman Boyd ,1as concerned that this would open up for future splits and create a burden on our Fire Department. Vote on the motion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, no; Councilman Hartman, no; motion carried. Council upheld the decision of the Board of Adjustment the appeal is denied. Mr. Hunt said it is his understanding the waiver granted to the subdivision regula- tions carries with the land as does the zoning and if he came back for a 3, 4, or 5 lot subdivision he has already secured that waiver. The Attorney directed the Council's attention to Code Section 44-21.1(7) and stated that as a general principle a variance would run with the land. No answer could be provided to the specific question raised by Mr. Hunt. Mrs. Weiss, Winter Springs Boulevard, (member of the Board of Adjustment) said that the applicant came in as one request as far as the split, and the Board of Adjustment (in her opinion) in discussion, showed that the waiver was granted first with the feeling that if the split was not approved, then the waiver would not carry. The Attorney was asked to look at the application, the Code and the minutes of the Board of Adjustment. Councilman Trencher asked that that question be ruled upon by the next meeting so that we get some indication on where they stand. Public Hearing: Final Budget Hearing and Second Reading of Budget Ord. No. 248: Mayor Piland recessed the Council Meeting and convened the public hearing for purposes of hearing comment on the proposed budget including Federal Revenue Sharing portion of the budget. Attorney Cook read Ordinance No. 248 by title only on second reading. Manager Rozansky reported that this hearing is being conducted in accordance with the provisions of state statutes and federal guidelines as pertained to Federal Revenue Sharing. The public hearing is to allow the general public to speak and ask questions prior to the adoption of any measure by this City Council including Federal Revenue Sharing. At the conclusion of this hearing the Council will amend the adopted tentative budget as they see fit; they will adopt Resolution No. 362 setting the millage levy; and adopt the final budget dated Sept. 22 and Ordinance No. 248. The Fiscal Year 1981-82 budget provides for $2,036,278.74. This amount includes $93,068.00 of Federal Revenue Sharing Funds. Reg. Meeting, City Council, Sept. 22, 1981 Page 4 80-81-32 . The ad valorem taxes account for $311,031 which are raised by 2.05 millage levy adopted on Sept. 8, 1981. This is actually .07% less than the rolled back rate of 2.12 mills which is a 3.4% tax cut. Regarding Federal Revenue Sharing funds, we received our final allocation notice this last week, and therefore, our Federal Revenue Sharing income was revised from $79,292.00 to $84,168.00. In discussion of the budget, Councilman Arnold suggested taking out approximately $100,000.00 and putting it in a reserve fund for future requirements for the "lean years." Mayor Piland opened the floor for discussion. Mary Martin, Sailfish Road, spoke against the stop light at S.R. 434 and Edgemon Ave.; Al Landgraf, representing the Sugarcreek Homeowner's Association, said Council has done a commendable job in maintain- ing the ad valorem at 2.05 mills; Dave Dearolph, 1059 Deer Run, spoke in favor of Councilman Arnold's recommendation to set up a reserve fund; Ben Kaplan, Burgos Road, commented on the good job Councilman Arnold has done; Leanne Grove, Alton Road, said her taxes have gone down; Bill Jacobs, S. Edgemon Avenue spoke about the budget. Mayor Piland closed the public hearing and reconvened the Council Meeting. Motion was made by Councilman Hartman that we remove the $35,000.00 for the stop light and put it in a reserve fund. Seconded by Councilman Arnold. Discussion. Vote on the motion: Councilman Trencher, no; Councilman Boyd, no; Councilman Torcaso, no; Councilman Hartman, aye; Councilman Arnold, aye; motion failed. . Resolution No. 362 setting the ad valorem tax millage rate for 1981-82: Motion was made by Councilman Torcaso to adopt Resolution No. 362 setting the ad valorem tax millage rate at 2.05. Seconded by Councilman Hartman. Attorney Cook read the resolution in its entirety. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; motion carried. Adoption of Ordinance No. 248, 1981-82 Fiscal Year Budget: Motion was made by Councilman Hartman to adopt Ordinance No. 248. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, no -because of the statements he has previously made; he does not object to the millage rate, only the way the money is being spent; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. Request for Lot Split - Lot 7, Blk. 0, Sec. 1 North Orlando Ranches: Motion was made by Councilman Hartman that we allow the lot split. Seconded by Councilman Torcaso. Discussion. Mr. Bill Jacobs, S. Edgemon Avenue spoke. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. H. & W. Rate Increase Request for commercial containers: Mr. Joe Ardolina representing H. & W. Refuse Service was present to speak for the request. The request was for Council consideration of an increase in the rates for commercial containers as follows: l~ yards from $25.00 to $30.00 and 2 yards from $30.00 to $36.00. . Motion was made by Councilman Arnold that their request be approved effective Oct. 1, 1981. Seconded by Councilman Torcaso. Discussion. Vote On the motion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. Reg. Meeting, City Council, Sept. 22, 1981 Page 5 80-81-32 . Resolution No. 363 requesting financial assistance from the local Government Comprehensive Planning Act Assistance Fund Program for 1981-82: Motion was made by Councilman Arnold to adopt Resolution No. 363. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Resolution No. 364, appreciation to Louise Poole: Motion was made by Councilman Trencher to approve Resolution No. 364. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. City Manager - Richard Rozanskv: Bid recommendation for generator: City Manager recommended Council accept the bid of C. J.'s of Ocala; (12.5 kw Onan for $7500.00; this does not include the installation which is estimated at $2500.00). Motion was made by Councilman Arnold the recommendation of the City Manager be approved. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; motion carried. . Expiration of terms of Alpert & Schrader on the Code Enforcement Board was a reminder to Council that these two terms would be expiring on October 28, 1981. Fiscal Year 1981-82 payscales (9/22/81): Motion was made by Councilman Torcaso to adopt the payscales. Seconded by Councilman Trencher. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, no; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye;motion carried. Fiscal Year 1981-82 Manning Document: Motion was made by Councilman Arnold to approve the FY8l-82 Manning Document. Seconded by Councilman Trencher. Discussion. Vote on the motion:Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Road Maintenance Inter-Local Agreement FY 1981-82: Manager Rozansky reported the agreement was changed to reflect 2 days fOr $640.00. Motion was made by Councilman Arnold to approve the Road Maintenance Inter-Local Agreement FY 1981-82 as amended as recommended by the City Manager. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; motion carried. Council Seat I - Jim Hartman: Nothing to report. Council Seat II - Wilfred Arnold: Councilman Arnold said it was very touching to get all those complimentary remarks _ thank you very much. . . . . ~ . Reg. Meeting, City Council, Sept. 22, 1981 Page 6 80-81-32 Council Seat III - Martin Trencher: Councilman Trencher recommended that Council draft a letter to be sent to all registered voters of the City in reference to the charter revision. This is to be on the agenda for the next meeting. Council Seat IV - Maureen Boyd: Councilman Boyd said something needs to be done about the children playing in the street (Hwy. 434) on their way home from the Winter Springs Elementary School. Council Seat V - John Torcaso: Councilman Torcaso tabled his report of CALNO meeting until the next meeting. Mayor's Office: Results of Qualifying for November 3, 1981 Municipal Election: Mayor - Troy J. Pi land Councilman, Seat II: Burley G. Adkins William A. Jacobs Councilman, Seat IV: Maureen H. Boyd Membership on the Wastewater Transmission Authority: Motion was made by Councilman Arnold that the Mayor be appointed the voting member for the City of Winter Springs on the Wastewater Transmission Authority and the Deputy Mayor as the alternate. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; motion carried. Ordinance No. 229 and Ordinance No. 230: Motion was made by Councilman Arnold that our action of February 10, 1981 be rescinded and that we not put Ordinances 229 and 230 on the ballot in any way shape or form. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, no; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Request of Sugar Creek Homeowner's Association: Copies of the request of the Sugar Creek Homeowner's Association requesting Council to amend Chapter 3, Sec. 3-4, Page 181 of the City Code were distributed to all Councilmen. If any Councilman wishes to bring this back before Council they may do so. Voting Delegate for Florida League Convention: Motion was made by Councilman Arnold to place this item on the agenda. Seconded by Councilman Torcaso. Discussion. Vote on the motion: Councilman Hartman, aye; Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; motion carried. Motion was made by Councilman Arnold that the Mayor be the voting delegate at the Florida League Convention. Seconded by Councilman Boyd. Discussion. Vote on the motion: Councilman Arnold, aye; Councilman Trencher, aye; Councilman Boyd, aye; Councilman Torcaso, aye; Councilman Hartman, aye; motion carried. Meeting was adjourned at 11:30 p. m. " Reg. Meeting, City Council, Sept. 22, 1981 . Approved: . . Page 7 Respectfully submitted, ~~~ Mary T. Norton, City Clerk 80-81-32