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HomeMy WebLinkAbout1981 12 08 City Commission Regular Minutes 81-82-5 .1- . . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS DECEMBER 8, 1981 The Regular Meeting of the City Commission of the City of Winter 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 City Attorney Al Cook. Roll Call: Mayor Troy Piland, present Deputy Mayor John Torcaso, present City Manager Richard Rozansky, present City Attorney AI Cook, present Commissioners: Jim Hartman, present Buck Adkins, present Martin Trencher,absent Maureen Boyd, present Motion was made by Commissioner Torcaso to approve the minutes of November 24, 1981. Seconded by Commissioner Hartman. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Boyd, aye; Commissioner Trencher, absent; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. Public Input: Bill Jacobs, 404 S. Edgemon Ave., asked why an appointment to the Board of Adjustment was not on the agenda as Chairman Charles Chute has resigned. Mayor Piland said that Commissioner Adkins would be making an appointment under his seat. Helen Powell, Hacienda Village, asked if a light could be installed on South Edgemon Avenue where it dead ends. She also advised that Gee Creek needs attention. She said that residents must pick up first class packages at the Casselberry Post Office and she asked if anything could be done about this. Mayor Piland said he would check into this. . AI Landgraf, Sugar Creek Homeowner's Association, extended thanks to the Superintendent of Public Works and the City Manager for cleaning the barrier at the end of Panama Circle and also for removing the pile of sand that was located on the public access area to the retention pond surrounded by Cottonwood Drive. Mr. Landgraf also asked if something could be done to require H. & W. Refuse Service, Inc. to send out notices to the residents indicating their rules of pick-up and the dates of pick-up. Russell Defazio, Buttonwood Avenue, asked if the City has looked into the gray water program. Richard Defazio, Jackson Circle, asked if the spray effluent that was approved several weeks ago for Florida Land Company in the Ranchlands area would be upgraded to the same quality as is sprayed on the Big Cypress Golf Course. General Agenda: Appointment of City Attorney: Mayor Piland recommended to continue the appointment of the Law Firm of Jones & Morrison of AItamonte Springs for CityAttorney. <. Motion was made by Commissioner Hartman to ratify the Mayor's appointment of the Law Firm of Jones & Morrison. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Trencher, absent; Commissioner Adkins, aye; motion carried. ~. - - Regular Meeting, City Commission, Dec. 8, 1981 81-82-5 Page 2 . Appointment of City Clerk: Mayor Piland recommended that Mary Norton be appointed City Clerk. Motion was made by Commissioner Torcaso to ratify the Mayor's appointment of Mary Norton as City Clerk. Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, absent; Commissioner Boyd, aye; motion carried. Election of Deputy Mayor: Motion was made by Commissioner Boyd to table election of deputy mayor until the next regular meeting December 22, 1981. Seconded by Commissioner Hartman. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, absent; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. Designation of appointment to Council of Local Governments in Seminole County: Motion was made to table appointment to the Council of Local Governments until the next meeting by Commissioner Torcaso. Seconded by Commissioner Boyd. Vote on the motion: Commissioner Adkins, aye; Commissioner Trencher, absent; Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; motion carried. . Public Hearing for Ord. No. 257, rezoning Lot E, Chase & Company from C-1 to C-2, etc. Second Reading. Mayor Piland recessed the Commission meeting and convened the public hearing for purposes of hearing comment on proposed Ordinance No. 257. Attorney Cook read Ordinance No. 257 by title only on second reading. The City Planner pointed out the location which is 16.7 acres on the north side of S.R. 419. It is approximately 1000 feet east of the intersection of S. R. 434 and S. R. 419. The request is to rezone the property to C-2 industrial. The Zoning Board considered several factors in recommending approval. One is that the property has no direct frontage on S.R.419 and the neighboring properties are already zoned C-2. Tom Binford, representing Chemical Enterprises, spoke for the rezoning. No one spoke against the ordinance. Bill Jacobs, 404 S. Edgemon Ave., spoke for the ordinance. Richard Defazio, Jackson Circle, Mrs. Helen Powell, Hacienda Village, Sam Woods 28 Jackson Circle and Russell Defazio, Buttonwood Avenue spoke in discussion. Mayor Piland closed the public hearing and reconvened the Regular Meeting. Motion was made by Commissioner Torcaso to approve Ordinance No. 257. Seconded by Commissioner Boyd. Discussion. Vote on the motion: Commissioner Boyd, aye; Commissioner Torcaso, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, absent; motion carried. Public Hearing for Ordinance No. 258, rezoning Lots 1 through 5, B1k. A; Lot 7, B1k. B; Lots 1, 2 and 11, B1k. C; Lots 1 through 3, B1k. D of North Orlando Ranches Sec. 3 from RC-1 to R-1AA,etc. Second Reading. The City Planner explained that the property is approximately 20 acres on the east side of S'. Edgemon. The property was platted around 1958 into the lots that still exist. When zoning was instituted into the City in 1968 this property was given the designation of R-lAA. In 1974 the property to the east of S. Edgemon Avenue including these lots was rezoned to RC-l, and at that time there was objection from the owner of these properties. The request now is to return the zoning to R-lAA. . . . . Regular Meeting, City Commission, Dec. 8, 1981 81-82-5 Page 3 The lots are directly across from an R-l development. The R-lAA category would create an intermediate zone. The differences between the R-lAA and the RC-l are basically in the size of the lot. The minimum size of the home in R-lAA is 1500 square feet and 1600 in RC-l. The Zoning Board recommended approval of this request. Tom Binford representing Chemical Enterprises was present. Attorney Mel Pearlman representing the residents of 696 Williams Road, Bob Eastwood, 690 Williams Road, Russell Defazio, Buttonwood Ave., Richard Defazio, Jackson Circle, resident of 29 Jackson Circle, Sam Woods, 28 Jackson Circle, Mrs. Turner, 210 Tradewinds Road, Clarence Hurst 321 Panama Road, Harry Riggs, 285 Hayes Road, Sharon Defazio, Jackson Circle, Keith Siracuse 750 S. Edgemon Ave., all spoke in opposition to the rezoning ordinance. Mr. Bill Jacobs, 404 S. Edgemon Ave., and Mr. Tom Binford spoke for the rezoning ordinance. Mayor Piland closed the public hearing and reconvened the commission meeting. Motion was made by Commissioner Adkins that we approve the rezoning of this land for two reasons: One, the one person most directly affected is not here and secondly, the people that back up to those lots are not going to be that affected by having smaller lots in their backyard. Basically that is the only way you are going to sell those lots. Seconded by Commissioner Boyd. In discussion, Mrs. Turner, Tradewinds Road, Russell Defazio, Buttonwood Ave., Richard Defazio, Jackson Circle, Sherry Defazio, Jackson Circle, Helen Powell, Hacienda Village, Attorney Pearlman all spoke. Vote on the motion: Commissioner Torcaso, aye; Commissioner Hartman, no; Commissioner Adkins, aye; Commissioner Trencher, absent; Commissioner Boyd, aye; motion carried. Final engineering of Lori Ann Acres: Lori Ann Acres is the 16 lot quadraplex development between Fairfax, N. Moss Road, south of First Street and north of S.R. 434. On the preliminary approval one condition was that the Board of Adjustment grant a variance to create an intersection on N . Moss Road being a major road closer than 800 feet to an existing intersection. On November 19th they did grant that variance. The Staff recommends approval of the final engineering of this project. There is one additional matter to be considered in that this will be multi-family. The zoning code requires that there be a site plan review consideration also.In order to be more efficient concurrently with the Staff Review, the Staff also acted as the Site Plan Review Board and discussed with the owner how these lots would be developed. He indicated that they would not necessarily be developed as a whole by one developer, but they might be sold to individual developers. We asked that the developer prepare a master lot develop- ment plan which shall be used by all lot buyers to fulfill the requirements of the Site Plan Review ordinance. This development plan meets all the requirements of the R-3 standards. Anyone who does buy one of these lots and does not desire to use that master approved plan, does have the option to come back to the Site Plan Review Board and ask approval for an alternative plan. On that basis we recommend approval of the final engineering of Lori Ann Acres. Miss Koch asked that the Commission stipulate the memo of December 4, 1981, since it does include the Site Plan Review conditions. Motion was made by Commissioner Hartman to approve the final engineering of Lori Ann Acres subject to the memo of November 24th and December 4, 1981. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Trencher, absent; Commissioner Boyd, aye; Commissioner Torcaso, aye; motion carried. . . . Regular Meeting, City Commission, December 8, 1981 Page 4 81-82-5 Resolution No. 370 approving efforts of Florida League of Cities to secure property tax relief, etc.: This resolution is in support of a one cent statewide increase in the sales tax and giving equitable property tax relief in return; at this time Mayor Piland explained he could not give the formula for distribution to local governments, but it is an attempt to give property tax relief and give local governments re- placement revenues that they would lose on property taxes. Bill Jacobs, S. Edgemon Ave., Dave Dearo1ph, Deer Run, J. Weiss, Winter Springs Boulevard, Art Harris, Sable Court, A1 Landgraf, 413 Holly Court and Mrs. Mary Martin, Sailfish Road all spoke in discussion of the resolution. This will be on the agenda for the December 22nd meeting. City Manager - Richard Rozansky; Seminole Cab1evision: Manager Rozansky reported that on November 24th we received a letter from Seminole Cab1evision informing us that they desire to exercise their ten year option on their franchise. The City Attorney reviewed the letter and he concurs that they can exercise their option by letter. The resolution establishing official holidays for 1982 was discussed. Monday, May 24 was changed to May 31st; Monday December 27 was changed to Friday December 24. If the Commission decides to give the 8th holiday, Manager Rozansky suggested February 22nd, Washington's birthday. This resolution will be on the agenda for the next meeting. Reports: Manager Rozansky reported that Fire Chief Holzman is in Roanoke, Virginia, inspecting the new tanker pumper. The City Manager extended his thanks to Mr. Landgraf, Mrs. Piland, Mrs. Jacobs, and Mrs. Trencher for all their work in getting the Christmas decorations, and also all of the donors. Mr. A1 Landgraf also thanked Mrs. Piland, Mrs. Jacobs, and Mrs. Trencher for all their work in getting the Christmas decorations for S.R. 434. Manager Rozansky reported that a new bookkeeper started today. He reported that he is in the process of doing some reorganization and he will give the Commission a letter as to the changes. The monthly reports will be distributed by the next meeting. Commission Seat I - Jim Hartman: Commissioner Hartman said that his appointment to the Board of Adjustment will be resigning and that he will have a new appointment at the next meeting. Commission Seat II - Buck Adkins: Commissioner Adkins recommended that Mr. Ted Ho1z, 1132 Pheasant Circle, be appointed to the Board of Adjustment. Motion was made by Commissioner Boyd to ratify Commissioner Adkins appointment of Mr. Ted Ho1z to the Board of Adjustment. Seconded by Commissioner Torcaso. Discussion. Vote on the motion: all in favor, motion carried. Commission Seat III - Martin Trencher: Absent. . . . Ii #V . Regular Meeting, City Commission, Dec. 8, 1981 Page 5 81-82-5 Commission Seat IV - Maureen Boyd: Commissioner Boyd was concerned with the absences on the Board of Adjustment and the Planning & Zoning Board. Commissioner Boyd recommended changes should be made that if three members are present, they should all be affirmative or negative, or nothing is approved. As far as absences if they cannot attend regularly they should be asked to resign. Commissioner Boyd will come back with a recommendation. Commission Seat V - John Torcaso: Commissioner Torcaso received a letter from Chairman Sturm in reference to his past service on the Seminole Community Action Committee, and that a new appointment is necessary. Mayor Piland will come back with a recommendation at the next meeting. Mayor's Office: Mayor Piland said Mayor Sheppard has contacted him asking if Winter Springs would be interested in participating in a study to gather data to support the municipalities double taxation case against Seminole County. Mayor Sheppard assured Mayor Piland that he has contacted the Chairman of the Seminole County Board of Commissioners and they are willing to sit down and negotiate, but they would like some supporting data as to where we feel double taxation exists. Mayor Sheppard indicated to Mayor Piland that is what they are proposing to do in reference to this study. The study is to provide the data if the individual municipalities would like to file a lawsuit against the County they have the data to do it; if they would like to sit down and negotiate they also have the data to do it. The cost would be $2,000 if we would like to participate. The Commission was in agreement to the funding of the study. The City Manager is to advise as to where the $2,000 would come from. Mr. Jacobs, S. Edgemon Ave., asked the Commission to look into the permitted uses in our zoning ordinance under C-l and also occupational licenses. There are no provisions for supermarkets, convenience stores and a number of other businesses. He said our ordinance needs to be upgraded. The City Manager was asked to come back with a preliminary report at the next meeting. Meeting was adjourned at 10:20 p. m. Respectfully submitted, ~;;~ Mary T. Norton, City Clerk Approved: . ~-eYOR