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HomeMy WebLinkAbout1981 11 24 City Commission Regular Minutes 81-82-4 .- ... . . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 24, 1981 The Regular Meeting of the City Commission was called to order by Mayor Troy Piland. The invocation was given by Commissioner Jim Hartman. The pledge of allegiance to lhe flag was led by City Manager Richard Rozansky. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney Al Cook, present Commissioners: Jim Hartman, present Martin Trencher, present Maureen Boyd, present Motion was made by Commissioner Torcaso to approve the minutes of November 10, 1981. Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. . Public Input: Al Landgraf, representative of the Sugar Creek Homeowners Assn. spoke in reference to the letter sent to the City, dated Sept. 8, 1981, Chapter 3, Section 3-4 pertaining to the location of any business enterprise engaged in alcoholic beverages. The Association requested the following amendment be made: deletion of any reference to beer and wine; and add the following statement: any business enterprise located within the City limits of Winter Springs engaged in the sale of liquor and alcoholic beverages of more than 25% alcohol by weight shall maintain a minimum separation distance of 2,000 feet in a straight line, from any adjacent similar business enterprise, and from any church or school within said City limits. Mr. Landgraf suggested Council adopt this ordinance which would parallel the ordinances of adjacent communities. The second item Mr. Landgraf made reference to was a letter sent to Mr. Ron Emery in conjunction with a public access easement located in the rear of 217 Cottonwood Drive. In this public access area there is a large mound of dirt which they have asked to be removed. He asked if some action could be taken on this. Mr. Fred Winslow, Board Chairman of the East Seminole YMCA, presented the City with a plaque in appreciation for allowing the East Seminole YMCA to use Sunshine Park last summer for the recreation program. General Agenda: Public Hearing for Ord. No. 255, rezoning Lot 9, Blk. 16, N.Orlando from R-lA to C-l,etc.: Mayor Piland recessed the commission meeting and convened the public hearing for purposes of hearing comment on proposed Ord. No. 255. Attorney Cook read Ord. No. 255 by title only on second reading. The Zoning Board recommended approval. No one spoke against the ordinance. Mayor Piland closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Torcaso to adopt Ord. No. 255 and to amend the com- prehensive land use plan. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. . Public Hearing for Ord. No. 256, creating a reserve fund to be generated from revenues received in any year in excess of line-item budgeted amounts, etc.: . . . .' ~ Reg. Meeting, City Commission, Nov. 24, 1981 Page 2 81-82-4 Mayor Piland recessed the commission meeting and convened the public hearing for purposes of hearing comment on proposed Ord. No. 256. Attorney Cook read Ord. No. 256 by title only on second reading. Manager Rozansky felt we did not need the ordinance; the consensus of the Commission was against the 4/5 vote; Mayor Piland explained that we have always maintained some type of reserve fund in the event of an emergency; he explained that the Commission is required to amend the budget every year to have a balanced budget. This ordinance ties up the excess funds until you have a budget hearing. Bill Jacobs, S. Edgemon Ave., Ben Kaplan, Burgos Road, Art Harris, Tuscawilla, Al Mausner, Tuscawilla, Dave Dearolph, Tuscawilla, Al Landgraf, Sugar Creek Homeowners Assn., Buck Adkins, Pheasant Circle, J. Hatfield, Tuscawilla, all spoke in discussion. Commissioner Trencher suggested budgeting for an emergency fund but did not think an extra ordinance was necessary;; Commissioner Hartman felt if we had any monies left we could put it in "savings" for a municipal complex; Commissioner Boyd was in favor of a reserve or emergency fund but not in favor of a 4/5 vote~ Mayor Piland suggested that the public hearing be continued and let Attorney Cook examine the ordinance to see if it would be possible to re-write the ordinance to allow the Commission to create some type of reserve fund and set some type of a cap. Mayor Piland continued the public hearing until Dec. 22 until the Attorney has a chance to look at the ordinance and the charter and make some recommendations. Planning & Zoning Board Recommendations of Nov. 18, 1981: Tuscawilla Parks: The City Planner explained that the question came up recently of what is going to happen to the parks in Tuscawilla when Winter Springs Development Corporation is finished. Who is going to maintain and operate the four parks. In the petition for annexation there is a statement that they shall not be dedicated publicly, but shall be maintained privately; however, since there is no mandatory homeowners association there is no instrument for operating or maintaining parks; the developer has offered to the existing voluntary homeowners association the option to take over the parks and he has also considered if they decline, to offer them to the City. This was presented to the Zoning Board. They wanted to know who is going to maintain and operate them so they suggested setting a time limit of six months by which the homeowners association will have to decide whether or not they want that responsibility. There will be one park on Northern Way, one in Oak Forest (west of Tuscawilla Road at Winter Springs Boulevard, one will be near the extension of Winter Springs Boulevard and a large area mainly a conservation area. Mayor Piland asked that since there is no mandatory home- owners association, how would the homeowners association go about funding the maintenance of the park. The City Planner explained that the existing Homeowners Association is thinking over right now and trying to decide whether or not they want that responsibility. Mayor Piland also asked why not just dedicate the parks to the City. Miss Koch explained there is a technicality in the petition for annexation. There is a clause that it will not be dedicated publicly. An ordinance would have to be passed to amend that. Mayor Piland asked the Attorney if there would be a way to assess people a certain fee for the perpetual care of their parks and recreation areas. Attorney Cook said he would look into that. Commissioner Trencher asked is there a problem now that the developer wants to divest himself of the responsibility of these parks and therefore wants to give them over to the homeowners association or to the city, or is the developer, through the rules of the P.U.D., required to maintain these parks until he leaves? Why at this particular time do the homeowners in Tuscawilla need to decide whether or not they want to control it? Manager Rozansky explained the reason this was brought up was because the Commission asked whether or not the developer was keeping up with his parks program. ... Reg. Meeting, City Commission, Nov. 24, 1981 Page 3 81-82-4 . The developer is no where near the point where the homeowners need to maintain it nor the City to maintain it - there is still a lot of vacant land out there. Commissioner Trencher asked of the parks that are there now did the City require that they put up certain facilities and maintain them during the development? Manager Rozansky answered yes, they have an amenities program. Commissioner Trencher asked if they have met those requirements and the City Planner answered they are fairly on target. Commissioner Trencher said if they would continue this process of adding the amenities to the park facilities at their expense and according to the rules of the P.U.D., why would the City want to bother with it at this time nor the homeowners. Let the developer pay the load until we are at the point where the developer is 85% or so sold out; we know what the facilities are; if they have met the regulations down the road and everything is right, then its a consideration of whether or not the homeowners want to take it over or the City wants to take it over. I don't see the point now. Mr. Al Mausner, Tuscawilla, Mrs. Ellen Weiss, Winter Springs Boulevard, asked if the recreation programs could be extended to the Tuscawilla area; Joel Weiss, Winter springs Boulevard, Art Harris, Sable Court, Leanne Grove,Alton Road, Bob Williams, Tuscawilla, all spoke in discussion. Mayor Piland explained the reason that he keeps bringing this up is because he does not want this to be a surprise to the Commission. Its been a problem since the day we approved the planned unit development. He said he thinks the end result will be when they get to 80 or 90% built out, there will have to be a referendum to decide if the residents of Tuscawilla want to create a special taxing district for their parks or turn them over to the City. We need to continue to discuss the parks. Mayor Piland also talked about the high cost of maintaining the medians. . Mayor Piland said this needs to be discussed on an annual basis so that the Commission is aware of the fact that at some point in time we are going to have recreational areas in the Tuscawilla area that the developer no longer wants and who is going to be responsible. If the people would like to have them then we need a method of con- veying that property to them, either by a special district or letting the City take them. Mayor Piland asked to see Mr. Harris' report after it is completed; asked Mr. Landgraf to get with Mr. Harris and his committee and see if we can find some course we can live with when the developer is gone. Mr. Al Landgraf, volunteer recreation director outlined some future recreation plans. Mayor Piland charged Manager Rozansky with the responsibility of keeping the Commission informed as to Mr. Landgraf, Mr. Harris' group and anyone else that wants to give input in reference to the Tuscawilla recreation situation. Resolution No. 369, appreciation to Wilfred Arnold: Motion was made by Commissioner Boyd to approve Resolution No. 369. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; motion carried. City Manager - Richard Rozansky: Bid recommendation: The recommendation from the Fire Chief for the cardiac monitor/ defibrillator was from Physio-Control Corporation in the amount of $6,617.25. For . the medical communications radio was from Bio=Tek Associates in the amount of $6,055.00. Manager Rozansky said he concurred with these recommendations. ." .. Reg. Meeting, City Commission, Nov. 24, 1981 Page 4 81-82-4 . Motion was made by Commissioner Torcaso to accept the bids. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Reports: On the Code Enforcement Board, the City Manager reported that he is doing a little administrative re-organization. He recommended that the position of Code Inspector be assigned to the Police Department, specifically Lt. Bo Smart, effective Dec. 1, 1981. Motion was made by Commissioner Hartman that we change the Code Inspector from Ray Bradshaw to Lt. Smart. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Manager Rozansky informed the Commission that the City will be rece~v~ng the f~re truck possibly around the 22nd of December and he is going to begin to find financing for the truck; Exxon, the people we receive our gasoline from now are cutting out their operators so we will be going over to Chevron; we are trying to get Christmas decorations up by the 4th of December. Manager Rozansky talked about the letter from Cablevision in which they state they desire to exercise their 10 year option; this will be on the next agenda. Mayor Piland asked the Manager about the letter from Chemical Enterprises in reference to paving Moss Road. Manager Rozansky spoke to Mr. Binford, and this letter has been answered. . Commission Seat I - Jim Hartman: Nothing to report. Commission Seat III-Martin Trencher: Nothing to report. Commission Seat IV - Maureen Boyd: Nothing to report. Commission Seat V - John Torcaso: Commissioner Torcaso introduced Mr. Gordon Spencer, Paramedic Supervisor. Mayor's Office: The Swearing In Ceremony will be December 7, 1981 at 5:00 p. m. Meeting was adjourned at 9:20 p. m. Respectfully submitted, ~-;:4J~ Mary T. Norton, City Clerk Approved: ,MAYOR . 81-82-4 REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS NOVEMBER 24. 1981 The Regular Meeting of the City Commission was called to order by Mayor Troy Piland. The invocation was given by Commissioner Jim Hartman. The pledge of allegiance to Lhe flag was led by City Manager Richard Rozansky. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky. present City Attorney Al Cook, present Commissioners: Jim Hartman, present Martin Trencher, present Maureen Boyd. present Motion was made by Commissioner Torcaso to approve the minutes of November 10, 1981. Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Public Input: Al Landgraf. representative of the Sugar Creek Homeowners Assn. spoke in reference to the letter sent to the City. dated Sept. 8, 1981. Chapter 3, Section 3-4 pertaining to the location of any business enterprise engaged in alcoholic beverages. The Association requested the following amendment be made: deletion of any reference to beer and wine; and add the following statement: any business enterprise located within the City limits of Winter Springs engaged in the sale of liquor and alcoholic beverages of more than 25% alcohol by weight shall maintain a minimum separation distance of 2.000 feet in a straight line, from any adjacent similar business enterprise. and from any church or school within said City limits. Mr. Landgraf suggested Council adopt this ordinance which would parallel the ordinances of adjacent communities. The second item Mr. Landgraf made reference to was a letter sent to Mr. Ron Emery in conjunction with a public access easement located in the rear of 217 Cottonwood Drive. In this public access area there is a large mound of dirt which they have asked to be removed. He asked if some action could be taken on this. Mr. Fred Winslow, Board Chairman of the East Seminole YMCA, presented the City with a plaque in appreciation for allowing the East Seminole YMCA to use Sunshine Park last summer for the recreation program. General Agenda: Public Hearing for Ord. No. 255, rezoning Lot 9, Blk. 16, N.Orlando from R-lA to C-l,etc.: Mayor Piland recessed the commission meeting and convened the public hearing for purposes of hearing comment on proposed Ord. No. 255. Attorney Cook read Ord. No. 255 by title only on second reading. The Zoning Board recommended approval. No one spoke against the ordinance. Mayor Piland closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Torcaso to adopt Ord. No. 255 and to amend the com- prehensive land use plan. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd. aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Public Hearing for Ord. No. 256, creating a reserve fund to be generated from revenues received in any year in excess of line-item budgeted amounts, etc.: Reg. Meeting, City Commission, Nov. 24, 1981 Page 2 81-82-4 Mayor Piland recessed the commission meeting and convened the public hearing for purposes of hearing comment on proposed Ord. No. 256. Attorney Cook read Ord. No. 256 by title only on second reading. Manager Rozansky felt we did not need the ordinance; the consensus of the Commission was against the 4/5 vote; Mayor Piland explained that we have always maintained some type of reserve fund in the event of an emergency; he explained that the Commission is required to amend the budget every year to have a balanced budget. This ordinance ties up the excess funds until you have a budget hearing. Bill Jacobs, S. Edgemon Ave., Ben Kaplan, Burgos Road, Art Harris, Tuscawilla, Al Mausner, Tuscawilla, Dave Dearolph, Tuscawilla. Al Landgraf. Sugar Creek Homeowners Assn., Buck Adkins, Pheasant Circle, J. Hatfield, Tuscawilla. all spoke in discussion. Commissioner Trencher suggested budgeting for an emergency fund but did not think an extra ordinance was necessary;; Commissioner Hartman felt if we had any monies left we could put it in "savings" for a municipal complex; Commissioner Boyd was in favor of a reserve or emergency fund but not in favor of a 4/5 vote~ Mayor Piland suggested that the public hearing be continued and let Attorney Cook examine the ordinance to see if it would be possible to re-write the ordinance to allow the Commission to create some type of reserve fund and set some type of a cap. Mayor Piland continued the public hearing until Dec. 22 until the Attorney has a chance to look at the ordinance and the charter and make some recommendations. Planning & Zoning Board Recommendations of Nov. 18, 1981: Tuscawilla Parks: The City Planner explained that the question came up recently of what is going to happen to the parks in Tuscawilla when Winter Springs Development Corporation is finished. Who is going to maintain and operate the four parks. In the petition for annexation there is a statement that they shall not be dedicated publicly, but shall be maintained privately; however, since there is no mandatory homeowners association there is no instrument for operating or maintaining parks; the developer has offered to the existing voluntary homeowners association the option to take over the parks and he has also considered if they decline, to offer them to the City. This was presented to the Zoning Board. They wanted to know who is going to maintain and operate them so they suggested setting a time limit of six months by which the homeowners association will have to decide whether or not they want that responsibility. There will be one park on Northern Way, one in Oak Forest (west of Tuscawilla Road at Winter Springs Boulevard, one will be near the extension of Winter Springs Boulevard and a large area mainly a conservation area. Mayor Piland asked that since there is no mandatory home- owners association, how would the homeowners association go about funding the maintenance of the park. The City Planner explained that the existing Homeowners Association is thinking over right now and trying to decide whether or not they want that responsibility. Mayor Piland also asked why not just dedicate the parks to the City. Miss Koch explained there is a technicality in the petition for annexation. There is a clause that it will not be dedicated publicly. An ordinance would have to be passed to amend that. Mayor Piland asked the Attorney if there would be a way to assess people a certain fee for the perpetual care of their parks and recreation areas. Attorney Cook said he would look into that. Commissioner Trencher asked is there a problem now that the developer wants to divest himself of the responsibility of these parks and therefore wants to give them over to the homeowners association or to the city. or is the developer, through the rules of the P.U.D.. required to maintain these parks until he leaves? Why at this particular time do the homeowners in Tuscawilla need to decide whether or not they want to control it? Manager Rozansky explained the reason this was brought up was because the Commission asked whether or not the developer was keeping up with his parks program. Reg. Meeting, City Commission, Nov. 24, 1981 Page 3 81-82-4 The developer is no where near the point where the homeowners need to maintain it nor the City to maintain it - there is still a lot of vacant land out there. Commissioner Trencher asked of the parks that are there now did the City require that they put up certain facilities and maintain them during the development? Manager Rozansky answered yes. they have an amenities program. Commissioner Trencher asked if they have met those requirements and the City Planner answered they are fairly on target. Commissioner Trencher said if they would continue this process of adding the amenities to the park facilities at their expense and according to the rules of the P.U.D., why would the City want to bother with it at this time nor the homeowners. Let the developer pay the load until we are at the point where the developer is 85% or so sold out; we know what the facilities are; if they have met the regulations down the road and everything is right, then its a consideration of whether or not the homeowners want to take it over or the City wants to take it over. I don't see the point now. Mr. Al Mausner, Tuscawilla, Mrs. Ellen Weiss. Winter Springs Boulevard, asked if the recreation programs could be extended to the Tuscawilla area; Joel Weiss, Winter springs Boulevard, Art Harris, Sable Court. Leanne Grove.Alton Road, Bob Williams, Tuscawilla, all spoke in discussion. Mayor Piland explained the reason that he keeps bringing this up is because he does not want this to be a surprise to the Commission. Its been a problem since the day we approved the planned unit development. He said he thinks the end result will be when they get to 80 or 90% built out, there will have to be a referendum to decide if the residents of Tuscawilla want to create a special taxing district for their parks or turn them over to the City. We need to continue to discuss the parks. Mayor Piland also talked about the high cost of maintaining the medians. Mayor Piland said this needs to be discussed on an annual basis so that the Commission is aware of the fact that at some point in time we are going to have recreational areas in the Tuscawilla area that the developer no longer wants and who is going to be responsible. If the people would like to have them then we need a method of con- veying that property to them, either by a special district or letting the City take them. Mayor Piland asked to see Mr. Harris' report after it is completed; asked Mr. Landgraf to get with Mr. Harris and his committee and see if we can find some course we can live with when the developer is gone. Mr. Al Landgraf. volunteer recreation director outlined some future recreation plans. Mayor Piland charged Manager Rozansky with the responsibility of keeping the Commission informed as to Mr. Landgraf, Mr. Harris' group and anyone else that wants to give input in reference to the Tuscawilla recreation situation. Resolution No. 369, appreciation to Wilfred Arnold: Motion was made by Commissioner Boyd to approve Resolution No. 369. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Torcaso. aye; Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; motion carried. City Manager - Richard Rozansky: Bid recommendation: The recommendation from the Fire Chief for the cardiac monitor/ defibrillator was from Physio-Control Corporation in the amount of $6,617.25. For the medical communications radio was from Bio=Tek Associates in the amount of $6,055.00. Manager Rozansky said he concurred with these recommendations. Reg. Meeting. City Commission, Nov. 24, 1981 Page 4 81-82-4 Motion was made by Commissioner Torcaso to accept the bids. Seconded by Commissioner Trencher. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Reports: On the Code Enforcement Board, the City Manager reported that he is doing a little administrative re-organization. He recommended that the position of Code Inspector be assigned to the Police Department, specifically Lt. Bo Smart, effective Dec. 1, 1981. Motion was made by Commissioner Hartman that we change the Code Inspector from Ray Bradshaw to Lt. Smart. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Trencher, aye; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Manager Rozansky informed the Commission that the City will be rece1v1ng the fire truck possibly around the 22nd of December and he is going to begin to find financing for the truck; Exxon, the people we receive our gasoline from now are cutting out their operators so we will be going over to Chevron; we are trying to get Christmas decorations up by the 4th of December. Manager Rozansky talked about the letter from Cablevision in which they state they desire to exercise their 10 year option; this will be on the next agenda. Mayor Piland asked the Manager about the letter from Chemical Enterprises in reference to paving Moss Road. Manager Rozansky spoke to Mr. Binford, and this letter has been answered. Commission Seat I - Jim Hartman: Nothing to report. Commission Seat III-Martin Trencher: Nothing to report. Commission Seat IV - Maureen Boyd: Nothing to report. Commission Seat V - John Torcaso: Commissioner Torcaso introduced Mr. Gordon Spencer, Paramedic Supervisor. Mayor's Office: The Swearing In Ceremony will be December 7, 1981 at 5:00 p. m. Meeting was adjourned at 9:20 p. m. Respectfully submitted, ~;:~rJ Mary T. Norton, City Clerk Approved: ,MAYOR