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Home My WebLink About1984 03 27 City Commission Regular Minutes f . .. " .. 83-84-12 . REGULAR MEETING CITY COMMISSION CITY OF WINTER SPRINGS MARCH 27, 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 Commissioners: Jim Hartman, present Inez Linville, present William Jacobs, present Leanne Grove, present The invocation was given by Commissioner William Jacobs. The Pledge of Allegiance to the flag was led by Commissioner Buck Adkins. Motion was made by Commissioner Jacobs, seconded by Commissioner Linville to approve the minutes of March 13, 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: Helen Powell spoke about the building going up on S.R. 434 by Hacienda Village and the County's issuance of a septic tank. Alice Nelson, WinterSprings Boulevard, spoke against the opening of Winter Springs Boulevard through to Oviedo. W. Anschuetz, spoke against a thoroughfare to Oviedo. J. Hatfield, Ermine Ave., asked if the City is preparing duplicate budgets in anticipa- tion of Proposition I passing. W. Cuthbert, Winter Springs Boulevard, said an outlet is needed, but he couldn't under- stand why they need a four lane highway from Bear Creek further east; that is what he is concerned about. Marilyn Dickinson, Winter Springs Boulevard, spoke against a four lane highway. Another resident asked about the expressway and asked where it would be going. Preliminary Plan (existing Tuscawilla PUD) , Tuscawilla Unit 14: Mr. Jay Alpert, Winter Springs Development Corp., explained there are 336 lots in Unit 14 and is located on the east side of Bear Creek and south of the railroad tracks. He said this plan was presented to Staff in September 1983 and at that time Staff had several concerns which they have addressed. One of the concerns was based on a 1981 traffic study whether or not Winter Springs Boulevard would be adequate for the volume of traffic anticipated when Tuscawilla is completed. With that question in mind, one of the Staff recommendations was that until Winter Springs Development Corp. produced another study or conclusively showed that Winter Springs Boulevard is adequate, Winter Springs Boulevard should not be hooked up to the City of Oviedo. Mr. Alpert explained that Winter Springs Development Corp. commissioned Tipton Associates, traffic engineers, to produce a current study of traffic reviewing the adequacy of all the main and arterial roads throughout Tuscawilla now and when Tuscawilla is built out. . The second question the Staff brought up was a timetable for the connecting of S. R. 419 to Tuscawilla, the extension of Vistawilla. Mr. Alpert explained that the traffic engineers looked at todays volume of traffic and then he looked at the volume of traffic after Tuscawilla is built out, he took in consideration the commercial area being built, and · .. J t .. ... Regular Meeting, City Commission, March 27, 1984 Page 2 83-84-12 . one of his findings was that Winter Springs Boulevard, from the point at Bear Creek where Northern Way and Winter Springs Boulevard come together, to S.R. 426 would be slightly undersize for the volume of traffic in approximately ten years when Tuscawilla is built out. So his recommendation was that that road be planned to be four laned. Mr. Alpert spoke about the timetable for connecting Vistawilla to S.R. 419. He said as soon as he has a railroad crossing a temporary road would be installed for construction traffic. Mr. Tipton of Tipton & Associates, spoke to the Commission about the traffic study they conducted and their reason for recommending the wider roadway. Motion was made by Commissioner Hartman that we approve the platting of Unit 14 with a two lane extension on Winter Springs Boulevard to the Unit 14 connection subject to the engineer and Staff Review. Seconded by Commissioner Jacobs for discussion. In discussion, Charles True, engineer for Winter Springs Development Corp. wanted to go on record, that he does not agree with the City Attorney and his interpretation of Ordinance No. 64. Vote on the motion: motion and second were withdrawn. Motion was made by Commissioner Hartman, that we approve Tuscawilla Unit 14 with no southerly access at this time and that when they get 200 units in there they come back and we address the southerly road and Winter Springs Boulevard including the Staff reports and engineering. Commissioner Adkins seconded for discussion. In discussion Mr. Topoleski, Winter Springs Boulevard, spoke for the need for an easterly exit. Motion and second were withdrawn. . Motion was made by Commissioner Linville that we table the approval of preliminary engineering plan on Unit 14 until the next meeting. 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. City Attorney stated for the record that at 2:30 p.m. today was the time that this document (Ord. No. 64) was presented to him by Mr. Charles True to deal with this issue. Preliminary Plan (existing Tuscawilla PUD), Oak Forest/Phase 2: City Planner, Walter Elwell, said the Staff finds the plan approvable subject to conditions as stated in the Staff Report. Motion was made by Commissioner Grove, seconded by Commissioner Linville, that we approve the preliminary plan of Oak Forest, Phase 2, contingent upon three conditions as outlined by Staff. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Mr. Swann, Mr. Dougherty and Mr. Gerter, Chokecherry Drive, spoke in discussion. Public Hearing for Ord. No. 286 to extend its territorial and municipal limits, etc. (Rev. Robert E. Burns) Second Reading. Motion was made by Commissioner Adkins, seconded by Commissioner Grove, to read Ordinance No. 286 by title only on second reading. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins,aye; Commissioner Linville, aye; motion carried. . Attorney Kruppenbacher read Ord. No. 286 by title only on second reading. . . ~ Regular Meeting, City Commission, March 27, 1984 Page 3 83-84-12 . Mayor Torcaso recessed the Commission Meeting and opened the public proposed Ord. No. 286. No one spoke for or against the ordinance. closed the public hearing and reconvened the Regular Meeting. hearing on Mayor Torcaso Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to adopt Ord. NO.~H~iscussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Public Hearing for Ord. No. 290, granting a franchise to the Florida Power Corp.,etc. Second Reading: Motion was made by Commissioner Linville, seconded by Commissioner Jacobs to read Ord. No. 290 by title only on second reading. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Attorney Kruppenbacher read ordinance No. 290 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and convened the Public Hearing for purposes of hearing comment on Ord. No. 290. No one spoke for or against the ordinance. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to adopt Ord. No. 290. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. . Public Hearing for Ord. No. 291, amending the 1983-84 Budget, etc. Second Reading: Mayor Torcaso recessed the Commission Meeting and opened the public hearing on Ord. No. 291. Attorney Kruppenbacher read the second reading of Ord. 291 by title only. The public hearing is to be continued until April 24, 1984. No one in the audience had any objection to the continuation. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to continue the public hearing until April 24, 1984. Discussion. Vote on the motion: Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. Staff review/referral: Final Engineering (existing Highlands PUD); Regency Seville: Manager Rozansky said the plan was reviewed and approved by Staff, but Mr. Jim Conger informed Mr. Rozansky today the plan had not been approved by the Architectural Review Board of the Highlands. Mr. Jim Conger was present. Mr. Bill Holmes, Conklin, Porter, and Holmes engineers, was present. He spoke to the Commission about the plan and the only changes he knew of were slight deviations in the orientation of some of the buildings. Motion was made by Commissioner Hartman that we approve the final engineering of Regency Seville subject to the Staff Review and approval of the Architectural Review Board of the Highlands Homeowners Association. Seconded by Commissioner Adkins. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. . '> ",A; ~ . Regular Meeting, City Commission, March 27, 1984 Page 4 83-84-12 4It C~ty Manager, Richard Rozansky: 1982-83 Audit: Motion was made by Commissioner Hartman, seconded by Commissioner Jacobs to accept the 1982-83 Audit Report. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Old Sanford Oviedo Road: Manager Rozansky said that copies of Mr. Adkins proposal in reference to the paving of the Old Sanford Oviedo Road and acceptance by the City for maintenance. have been distributed. Mr. Adkins said what the property owners want to do is get a formal action or letter from the City Commission stating that they will aceept the mainten- ance on the road as they are doing now, but it will be maintenance on a paved road rather than a dirt road. There was discussion of the property owners being annexed into the City. Motion was made by Commissioner Jacobs that we allow the lot owners on the Old Sanford Oviedo Road to pave said road in accordance with City Engineer and his specifications and that the City will maintain only that portion or one-half of said road adjacent to City Property. (In other words, if they all annex then the City will maintain all the road; if they don't annex then they won't maintain that portion that is not annexed). Seconded by Commissioner Grove for discussion. Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, abstain; Commissioner Jacobs, aye; motion carried. 4It Ivade Street: Mr. Al Land, engineer, brought in the specifications and two copies of the drawing for Wade Street. He has applied to Seaboard to show where the crossing will be. This will be funded out of the Half cent gas tax. Reports: Received a letter from Duncan Rose, in response to t1r. Rozansky's letter on Citrus Road; they favored our concept. Manager Rozansky said he will sit down and work out the agreement with the County, then come back to the Commission when they have arrived at the cost; we will provide the materials and they will provide the equipment and labor. Manager Rozansky said he sent Mr. Griffin of the Dept. of Transportation a letter in reference to moving the traffic signal to Sheoah Boulevard and S. R. 434. City Attorney: City Attorney Kruppenbacher distributed copies of a memorandum in reference to voluntary annexations. There was discussion of a proposed resolution in reference to procedure for the Boards; Attorney Kruppenbacher will come back with a more detailed resolution, detailing the role of the Chairman of each Board, the role of each member of each board, how things are to be reviewed, and passed and adopted. Attorney Kruppenbacher reported he has contacted Mr. Hagle in reference to the Photomat debris. Attorney Kruppenbacher said he would look into the issue of the Tusc. 14 matter; the only issue he would be dealing with is whether or not the City has the authority of taking the position that that road cannot be punched through, based upon the history of the transactions between the parties. 4It ". ... .. . Regular Meeting, City Commission, March 27, 1984 Page 5 83-84-12 Manager Rozansky said we could possibly contact the County Planning Office and County Engineer to get an independent study of the road and in an effort to make the road safer. There were no Commissioner reports. Meeting was adjourned at 10:45 p. m. Respectfully submitted, Hl~7 ~ Mary T. Norton, City Clerk Approved: ( ,MAYOR . . c^'~ "':'7'~''"''S'''~~~~_ CNP g41/,(.I~e ~"lW~J J? COUNTY o STA TE RANDUM OF VOTIN ONFLICT AGENCY is unit of: WI/A/,elt.. S PtV)...-(Q NAME OF AGENCY ~COUNTY ~UNICIPALITY C-I SPECIFY C c-e~ ~ C4 0.& W/A/'ft'~ SPG-5 OOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: ~A-.P C00 .ct//V()~ #I k IT/}?U.-e vV l:l/,' ~ o? ,,:; ~ I tI ,l}re 5/fA-/~() 8 'I c/ty l'J t/...e .I'~ ~ "b;C- US, 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: -PLOPd~ ~A/-t!'~ e 3. Person or principal to whom the special gain described above will inure: a~ourself b.D Principal by whom you are retained: (NAME) SIGNATURE j,~ DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict I of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79