HomeMy WebLinkAbout_2000 03 13 City Commission Regular Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING
MARCH 13, 2000
I. CALL TO ORDER
The Regular Meeting of March 13, 2000 of the City Commission was called to order by
Mayor Paul P. Partyka at 6:36 p.m. in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
ROLL CALL:
Mayor Paul P. Partyka, present
Deputy Mayor Cindy Gennell, present
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, absent
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, absent
Public WorksfUtility Department Director Kipton D. Lockcuff, P.E., present
City Attorney Anthony A. Garganese, present
A moment of silent prayer was called and Mayor Partyka asked that we think of former
City Manager Richard Rozansky who is very ill. The Pledge of Allegiance followed.
Mayor Partyka then introduced Mr. Gene DeMarie, General Services Director who in
turn, introduced the new Assistant to the City Manager, Mr. Richard Greenwood. Mr.
DeMarie also announced that Ms. Louise Frangoul, has accepted the position of Finance
Director.
Attorney Anthony Garganese left the dais at 6: 37 p. m.
II. PUBLIC INPUT
Mr. Tom McGee, NTR Development, 1600 North Orange Avenue, Orlando, Florida:
spoke about his attendance at the February 14, 2000 City of Winter Springs City
Commission Regular Meeting.
Attorney Garganese returned to the dais at 6:39 p.m.
Mr. McGee added that he is "Under contract with approximately ten acres on the
southwest corner of 434 and Tuscawilla Road;" spoke on the impact of the Town Center
concept; the impacted quadrants; his concerns with such "pedestrian, residential friendly"
areas; and stated that he wanted to address the Commission, prior to any action involving
a Town Center Agenda Item.
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Mayor Partyka advised the Commission, "Commissioners, this gentleman would like to
get on the Agenda for the next meeting. Does anyone see a problem with not putting
him on the Agenda?" Mayor Partyka continued, "Mr. Lockcuff, could we have this
gentleman on the Agenda?" Commissioner Edward Martinez Jr. added, "May I suggest,
that - Mr. Mayor is that we assure him that we are going to hear him, before we tackle..."
Mayor Partyka added, "We will make sure that - from an order standpoint, he'll be
ahead, okay - you'll get your chance to speak before that, that issue." Mr. Lockcuff said,
"So noted."
III. CONSENT
A. City Clerk's Office
Approval Of The Minutes Of The Regular Meeting Of February 28, 2000.
"MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ.
SECONDED. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
IV. INFORMATIONAL
.:..:. AGENDA NOTE: THE FOLLOWING TWO INFORMATIONAL
AGENDA ITEMS WERE HEARD BY THE COMMISSION, PRIOR TO THE
VOTE. .:..:.
C. General Services Department
Would Like To Present Michelle Richard, The Manager Of The Census 2000 Office
In Sanford, Who Would Like To Make A Brief Presentation Regarding This Year's
Census Efforts.
Mr. DeMarie introduced Ms. Michelle Richard who spoke on behalf of the Census 2000
program. Ms. Richard and Members of the Commission discussed federal funding
dollars; and that the Census Bureau was interested in hiring staff to complete the survey.
Mayor Partyka asked a member of the audience, Ms. Nancy LeDuke of the Winter
Springs/Oviedo Voice newsletter, if she could assist with getting the word out.
If anyone is interested in being hired by the Census Bureau, the number to call is (888)
325-7733. The telephone number to the local Census office is (407) 302-0804.
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Brief discussion ensued on what monies may be lost; that Census workers will be "on the
streets" from May 1 st through the end of July; and the distribution of the advance letters.
Mayor Partyka asked Mr. Lockcuff about getting this mentioned on the City's Utility
bills.
B. Parks and Recreation Department
Is Notifying The City Commission Of The Department's Intent To Schedule The
Official Grand Opening Of Trotwood Park And The 5th Annual Easter Egg Hunt At
Trotwood Park On Saturday, April 15, 2000.
Mr. Chuck Pula, Parks and Recreation Director advised the Commission on some of the
planned events; anticipating a large crowd; the proposed Agenda; and that the Easter Egg
Hunt is open to residents of Winter Springs, and that no tickets will be required.
IV. INFORMATIONAL
A. Police Department
Requesting To Inform The City Commission Of It's Intent To Utilize Kash n'Karry
Grocery Store, McDonalds Restaurant And The Nations Bank As Satellite Offices.
B. Parks and Recreation Department
Is Notifying The City Commission Of The Department's Intent To Schedule The
Official Grand Opening Of Trotwood Park And The 5th Annual Easter Egg Hunt At
Trotwood Park On Saturday, April 15, 2000.
C. General Services Department
Would Like To Present Michelle Richard, The Manager Of The Census 2000 Office
In Sanford, Who Would Like To Make A Brief Presentation Regarding This Year's
Census Efforts.
D. Information Services Department
Wishes To Update The Commission On The Progress Of The City's Web Site And
Internet Access.
Mayor Partyka said, "I'm looking for a Motion."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
COMMISSIONER MILLER. DISCUSSION.
VOTE:
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
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v. PUBLIC HEARINGS
A. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For The Second Reading
And Consideration Of Ordinance 756 To Designate The Lamoureux Property (2.5
Acres) Commercial On The Future Land Use Map.
Attorney Garganese read Ordinance Number 756 by "title" only.
Mr. Tom Grimms, AICP, Comprehensive Planning Coordinator mentioned that letters
had been sent to property owners.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Mayor Partyka said, "I'm looking for a Motion."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED.
DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
B. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For The Second Reading
And Consideration Of Ordinance 2000-05 To Designate The Lamoureux Property
(2.5 Acres) On The City's Zoning Map C-l "Neighborhood Commercial".
Attorney Garganese read Ordinance Number 2000-05 by "title" only; and then stated,
"Mayor, I want to make one technical change to this Ordinance. The Section Five
effective date - I would strike the language that's in - currently in that section - and that
section should read as follows: this Ordinance shall take effect at such time Ordinance
Number 756 becomes effective. If Ordinance Number 756 does not become effective,
this Ordinance shall hereby be declared null and void."
Commissioner Martinez asked to be provided with a copy of the revised Ordinances, after
Mr. Grimms amends the Ordinance.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
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PAGE 5 OF 17
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I'LL MOVE TO APPROVE ORDINANCE 2000-05." SECONDED BY
COMMISSIONER MILLER WHO STATED, "I'LL SECOND WITH THE
PROVISO THAT WE ADD THE CHANGES - CORRECTIONS IDENTIFIED BY
THE CITY ATTORNEY." DISCUSSION.
VOTE:
COMMISSIONER McLEOD: AYE
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
C. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For The Second Reading
And Consideration Of Ordinance 2000-04 To Expand The State Road 434 Corridor
New Development Overlay Zoning District To Include The 2.5 Acre Lamoureux
Property.
Attorney Garganese read Ordinance Number 2000-04 by "title" only. Attorney
Garganese then said, "Mayor, this would have the same contingent effective date, on
Section Five, it would have to be amended to read: this Ordinance shall take effect at
such time Ordinance Number 756 and Ordinance Number 2000-05 becoming effective.
If Ordinance Number 756 and Ordinance Number 2000-05 does not become effective,
this Ordinance shall be declared null and void."
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I'D LIKE TO MOVE FOR ADOPTION OF ORDINANCE 2000-04." MOTION
BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION. COMMISSIONER DAVID W. McLEOD ADDED,
"THAT'S ALSO TO INCLUDE RECOMMENDATIONS BY THE CITY
ATTORNEY."
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MARTINEZ: AYE
MOTION CARRIED.
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D. Community Development Department - Code Enforcement Division
Requests The City Commission Holds A First Reading Of Ordinance Number 2000-
06 Regarding Installation Of Fences.
Mayor Partyka said, "I need a Motion to read by 'title' only".
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. THERE WERE
BRIEF COMMENTS ON WHETHER THIS MOTION WOULD BE
"SECONDED." MOTION DIED FOR LACK OF A SECOND.
Attorney Garganese began to read the Ordinance in its entirety.
DEPUTY MAYOR GENNELL SECONDED COMMISSIONER MARTINEZ'
MOTION. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: NAY
MAYOR PARTYKA ASKED ATTORNEY GARGANESE TO READ THE
ENTIRE ORDINANCE. (THE REST OF ROLL CALL WAS NOT
COMPLETED).
Attorney Garganese read the Ordinance in its entirety.
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
"I'D LIKE TO MAKE A MOTION THAT WE TABLE THIS FIRST READING,
UNTIL A DATE CERTAIN, THAT BEING THE NEXT COMMISSION
MEETING, SCHEDULED FOR MARCH 27TH, OF THE YEAR 2000." MOTION
BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR GENNELL.
DISCUSSION.
VOTE:
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER MILLER: NAY
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McLEOD: NAY
MOTION DID NOT CARRY.
Discussion followed regarding leaving this to the people; fences facing the roadsides for
the general public; easements; and the mindset of homeowners.
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"I WOULD MAKE A MOTION TO POSTPONE CONSIDERATION OF THIS
ITEM 'D', UNTIL THE NEXT COMMISSION MEETING, SCHEDULED FOR
THE 27TH OF MARCH, OF THE YEAR 2000." MOTION BY COMMISSIONER
MILLER. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
COMMISSIONER MARTINEZ: NAY
COMMISSIONER McLEOD: NAY
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MAYOR PARTYKA: NAY
MOTION DID NOT CARRY.
Members of the Commission asked why this was being tabled; and what changes could
be suggested.
"I WOULD LIKE TO MAKE A MOTION THAT WE LEAVE THIS
ORDINANCE AS IT WAS. I THINK THAT YOU'RE GETTING VERY - TOO
MUCH CONFLICT. THIS IS ONE I DON'T KNOW THAT YOU CAN EVER
RESOLVE TOTALLY TO SATISFY EVERYBODY. I THINK IT'S ONE OF
THINGS THAT THE HOMEOWNER, THE NEIGHBORS KIND OF MAKE
THEIR DECISIONS ON." MOTION BY COMMISSIONER McLEOD.
SECONDED BY COMMISSIONER MILLER.
DISCUSSION. DEPUTY MAYOR CINDY GENNELL ASKED THAT CITY
STAFF BRING BACK WHAT OTHER CITIES HAVE DONE WITH THIS.
FURTHER DISCUSSION ENSUED ON PROTECTING PROPERTY VALUES;
WHICH SIDE SHOULD BE OUT; GOVERNMENT INTERACTION; AND
CHANGES TO THE ORDINANCE.
MAYOR PARTYKA CLARIFIED THE VOTE - "AN 'AYE' VOTE IS LEAVING
IT THE WAY IT IS."
VOTE:
DEPUTYMAYORGENNELL: NAY
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER MILLER: AYE
MAYOR PARTYKA: AYE
MOTION CARRIED.
Mayor Partyka recognized and introduced the Honorable Mary Lou Andrews, the Mayor
of Oviedo.
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E. Community Development Department - Planning Division
Requests The City Commission Hold A Public Hearing For The First Reading And
Consideration Of Ordinance 2000-07 To Require Six (6) Foot Solid Wall,
[Constructed Of Concrete, Block Or Other Durable Material (Wood Not Allowed)
Compatible With The Surrounding Area], Between Single Family And Multi-
Family Land Uses.
Mayor Partyka said, "1 need a Motion to read by 'title' only."
"SO MOVED." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY
DEPUTY MAYOR GENNELL. DISCUSSION.
Commissioner Robert S. Miller left the dais at 7:32 p.m.
Commissioner Martinez left the Commission Chambers at 7:33 p.m.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
Attorney Garganese read the Ordinance by "title" only.
Commissioner Miller returned to the dais at 7:35 p.m.
Commissioner Miller stated, "Mr. Mayor, I'd like the record to reflect that I did vote
'Aye' for that, but, unfortunately I had to step out for a moment."
Commissioner Martinez arrived back on the dais at 7:36 p.m.
Attorney Garganese explained that he redrafted the Ordinance, because of the current
Code and the respective requirement of a six foot wall; the related Zoning District
designation; and that it will be codified in the 434 regulations, both for "New
Development and for Redevelopment".
Mayor Partyka opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Tape I/Side B
"I'LL MOVE TO MOVE ORDINANCE 2000-07 TO THE SECOND READING."
MOTION BY DEPUTY MAYOR GENNELL. SECONDED. DISCUSSION.
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VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER MILLER: AYE
DEPUTYMAYORGENNELL: AYE
MOTION CARRIED.
VI. REGULAR
A. Community Development Department
Requesting The City Commission Review Eckerd's Drug Store At 434/419
Interchange - Mast Arm Design.
(This Agenda Item Has Been Postponed Until The March 27, 2000 Regular Meeting).
No action was taken or required.
B. City Manager
Requesting The City Commission Review The Oak Forest Initial Assessment
Resolution.
(This Agenda Item Has Been Postponed Until The March 27, 2000 Regular Meeting).
No action was taken or required.
C. General Services Department
Requests The City Commission Authorize The Execution Of The Attached
Application For Participation In The NationsBank (Bank Of America) Purchasing
Card Program.
Mr. De Marie spoke on this program, and explained that this is administered by the Bank
of America. Mr. DeMarie further discussed the controls; three other Florida Cities (the
City of Longwood; the City of Altamonte Springs; and the City of Cocoa) that have a
similar program working well; that this program will work with any future mergers and
acquisitions; the concern with possible fraud; final approval; potential misuse; and
information regarding the Rebate portion of this program.
Commissioner Martinez asked that a more in-depth Agenda Item be brought back to the
Commission. Mr. DeMarie suggested that policies and procedures from other cities,
could be forwarded to the Commission, if so desired.
Commissioner McLeod suggested that an "Insurance Rider" be placed on the cards for
any misuse, as is done by his company. Further discussion ensued on the termination of
any employees who misuse this program; controls; respect for the individuals who are to
use the Purchasing Card; to trust the City Manager's judgement, and to not "micro-
manage" the City Manager.
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Mayor Partyka said, "A Motion is in order to authorize."
"I'LL MAKE THE MOTION." MOTION BY COMMISSIONER McLEOD.
SECONDED BY COMMISSIONER MILLER. DISCUSSION ENSUED BRIEFLY
ON HOW THE PROGRAM WOULD BE FURTHER IMPLEMENTED.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTYMAYORGENNELL: AYE
MOTION CARRIED.
D. Community Development Department - Land Development Division
Presents To The Commission For Their Ac~ion The Request Of Mr. Manny Garcia
To Realign A Segment Of A Tuscawilla Trail (A Private Road) Which Does Not
Meet City Code.
Mr. Don LeBlanc, Land Development Coordinator introduced this subject, and spoke of
the planned realignment of the road.
Mr. John Sikes, Blount Sikes & Associates, (Consulting Civil Engineers & Surveyors),
3032 Mercy Drive, Orlando, Florida: discussed an exercise trail; natural growth;
engineering; waivers; Mr. Garcia to approve the alignment; approvals; whether an
agreement from all property owners affected by this change should be considered;
keeping the neighbors happy; whether an easement will be recorded on the property for
perpetuity; acceptance of the easement; and other neighboring properties.
Further discussion included altering the road; changing the width; and what Attorney
Garganese thinks about this issue. Attorney Garganese spoke of the provisions of the
code; arbitrary arguments; the legal standpoint; sidewalks; fire suppression; the width of
the road; accommodating emergency vehicles; who had reviewed this proposed plan; the
entry from Tuscawilla Road; concerns with the engineering of the road; would it come
back to the Commission for further approval; the approval of the road; and whether the
road should have a larger easement.
Mayor Partyka commented that the lights on the dais were not working properly.
"I MOVE THAT THE CITY COMMISSION APPROVE THE REALIGNMENT
OF THAT SEGMENT - SEGMENT OF TUSCA WILLA TRAIL, INCLUDING A
FIFTY (50) FOOT EASEMENT AND SUBJECT TO A NOTARIZED
ACKNOWLEDGEMENT OF ALL PARTIES ALONG THE ROAD, THAT THEY
ARE IN AGREEMENT WITH THE CHANGES AS ENGINEERED - THE FINAL
ENGINEERING." MOTION BY DEPUTY MAYOR GENNELL.
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PAGEIIOF17
MR. LeBLANC INQUIRED, "AND YOU'VE - THIS HAS ALLOWED FOR A
PROPOSED TWELVE FOOT (12') PAVED DRIVE, AS IT'S SHOWN IN THE -
A TWELVE FOOT (12') EASEMENT?" DEPUTY MAYOR GENNELL STATED,
"THAT'S RIGHT - AND A FIFTY FOOT EASEMENT." SECONDED BY
COMMISSIONER MILLER.
DISCUSSION ENSUED ON WHICH LOTS WERE INVOLVED; AND VARIOUS
LOTS IN THE OAK FOREST SUBDIVISION. MR. LeBLANC ADDED THAT
"WE WILL GET - FOR THOSE PROPERTY OWNERS ALSO - A NOTARIZED
LETTER SAYING THAT THEY HAVE NO OBJECTION. BUT, IN YOUR
MOTION COMMISSIONER GENNELL, MAY I JUST ADD ONE MORE, THAT
YOU'RE ALSO WAIVING THE SIDEWALK REQUIREMENTS?" DEPUTY
MAYOR GENNELL STATED, "SIDEWALK REQUIREMENTS, YES."
DISCUSSION.
Commissioner Miller left the dais at 8:35 p.m.
Commissioner Miller returned to the dais at 8:37 p.m.
COMMISSIONER MARTINEZ ASKED, "REGARDING THE DISTANCE
BETWEEN THE ROAD AND THE PROPERTY LINES OF THOSE HOUSES
THAT HE IS CONCERNED ABOUT - IS THAT A WOODED AREA - THE
SPACE BETWEEN THE ROAD AND THE HOME?" MR. SIKES RESPONDED,
"YES, I DON'T BELIEVE THERE ARE ANY TREES OVER, SAY SIX INCHES
(6") IN DIAMETER AND THEY ARE..." COMMISSIONER MARTINEZ
ADDED, "FROM THE HOUSES, HE IS CONCERNED ABOUT ON THE OAK
FOREST SIDE, TO THE ROAD, IS THAT A FOREST THERE?" MR. SIKES
STATED, "IT'S A NATURAL WOODED AREA, YES."
COMMISSIONER MARTINEZ THEN SAID, "IN OTHER WORDS, THE NOISE,
THE INTERFERENCE WITH THOSE HOMES WOULD BE MINIMUM -
BECAUSE OF THE FORESTRY, IS THAT RIGHT?" MR. SIKES RESPONDED,
"THAT WOULD BE MY INTERPRETATION." COMMISSIONER MARTINEZ
THEN STATED, "AND THE AMOUNT OF VEHICLES TRAVELLING
THOUGH THERE WOULD NOT EXCEED MAYBE TEN (10) PER DAY - UP
UNTIL ELEVEN O'CLOCK AT NIGHT, NOTHING WOULD BE HAPPENING
MUCH THERE, AFTER MIDNIGHT?" MR. SIKES ADDED, "TYPICALLY, I'M
NOT A TRAFFIC ENGINEER, BUT TYPICALLY IT'S ABOUT THREE AND A
HALF (3Y2) TRIPS, PER DAY, PER HOUSEHOLD."
COMMISSIONER MARTINEZ THEN ASKED, "WE'RE TALKING ABOUT
HOW MANY HOMES BACK THERE?" MR. SIKES REPLIED, "FIVE (5)."
COMMISSIONER MARTINEZ SAID, "FIFTEEN (15) TRIPS, RIGHT? THANK
YOU."
DEPUTY MAYOR GENNELL ADDED, "JUST TO BE MORE SPECIFIC
ABOUT THE LOT NUMBERS THAT ARE INCLUDED IN THE NOTARIZED
ACKNOWLEDGEMENT - IT WOULD BE LA, 1.0, 2, 3, 4, AND 5 OF
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TUSCA WILLA UNIT 5; LOTS NUMBER 201 AND 200 OF OAK FOREST UNIT
2-B; LOTS NUMBER 44,45,46,47,48 OF OAK FOREST UNIT 1."
MR. LeBLANC ASKED, "LOT 44 ALSO?" DEPUTY MAYOR GENNELL
REPLIED, "YES." MR. LeBLANC ADDED, "SO THEN 202 IS NOT IN
YOUR..." DEPUTY MAYOR GENNELL STATED, "I DON'T SEE 202 AS
INVOL VED. IF ANY OF THE OTHER COMMISSIONERS DO, THEY CAN
SAY SO." MAYOR PARTYKA ASKED, "ANYBODY?" NO MEMBER OF THE
COMMISSIONER COMMENTED. MR. LeBLANC THEN ST A TED, "WE
WOULD JUST THROW IN 202 ALSO, JUST FOR SIMPLICITY'S SAKE..."
Tape 2/Side A
DEPUTY MAYOR GENNELL ADDED TO HER MOTION, "...AND
INCLUDING THE TWENTY FOOT (20') BUFFER THAT WE DISCUSSED, AT
LEAST FROM THE PROPERTY LINE TO THE INDIVIDUALS ON THE OAK
FOREST SIDE." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY
COMMISSIONER MARTINEZ. DISCUSSION
COMMISSIONER MARTINEZ THEN SAID, "SIR, WOULD YOU SAY, OR DID
YOU STATE ON THE RECORD THAT YOU WOULDN'T HAVE ANY
PROBLEM, WITH A FIFTY FOOT (50') EASEMENT?" MR. SIKES REPLIED,
"NO SIR, I CAN'T SPEAK TO THAT, THAT'S SOMETHING MR. GARCIA
WILL HAVE TO ANSWER. WHAT I SAID WAS, WHEN I LAID THIS THING
OUT, I LAID IT OUT - YOU HAD A THIRTY (30). I - COMPRESSED THAT
DOWN TO TWENTY (20). NOBODY RAISED THE QUESTION UNTIL THE
COMMISSIONER RAISED THE QUESTION, AND I DON'T KNOW WHAT MR.
GARCIA MIGHT SAY. I WILL RELATE TO HIM THE DELIBERATIONS
AND YOUR COMMENTS HERE, AND SEE IF HE HAS A PROBLEM WITH IT.
IF I HAD TO GUESS, I'D SAY 'NO,' BUT I CAN'T SPEAK FOR HIM, TO THAT
EXTENT." COMMISSIONER MARTINEZ STATED, "THANK YOU."
DEPUTY MAYOR GENNELL CLARIFIED, "THE MOTION ENTERTAINS A
FIFTY FOOT (50') EASEMENT."
The City Clerk was asked to read the Motion back. This was done.
MAYOR PARTYKA ADDED, "WITH THE LOTS SO DESIGNATED BY THE
COMMISSION." COMMISSIONER McLEOD THEN ADDED, "AND WHAT
ABOUT THE TWENTY FOOT (20') BUFFER?" DEPUTY MAYOR GENNELL
ALSO ADDED, "AND WAIVING THE SIDEWALK REQUIREMENT." MAYOR
PARTYKA STATED, "COMMISSIONER McLEOD, I DON'T BELIEVE THERE
WAS A TWENTY FOOT (20') BUFFER - IN THE MOTION?" DEPUTY
MAYOR GENNELL STATED, "YES, I DID THAT." MAYOR PARTYKA
STATED, "WAS THERE?" DEPUTY MAYOR GENNELL SAID, "YES."
MAYOR PARTYKA STATED, "ALL RIGHT. WE'RE CLEAR ON THE
MOTION THEN? OKAY. CALL THE VOTE."
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COMMISSIONER MARTINEZ ADDED, "YOU'RE IMPOSING A FIFTY FOOT
(50') EASEMENT, PLUS A TWENTY FOOT (20') BUFFER? IS THAT WHAT
YOU ARE SAYING?"
DEPUTY MAYOR GENNELL CLARIFIED, "THE FIFTY FOOT EASEMENT IS
A ROAD - A ROAD EASEMENT THAT IS WHERE THE ROAD HAS..."
COMMISSIONER MARTINEZ ADDED, "... THAT'S AN ADDITIONAL
TWENTY FOOT (20') BUFFER - IS WHAT I AM ASKING." DEPUTY MAYOR
GENNELL THEN SAID, "THE TWENTY FOOT (20') BUFFER WILL BE TO
THE LOT LINE OF THE SINGLE FAMILY HOUSE. OVER HERE."
COMMISSIONER MARTINEZ ADDED, "SO IT'S AN ADDITION TO THE -
EASEMENT." DEPUTY MAYOR GENNELL STATED, "CORRECT."
VOTE:
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
Mr. LeBlanc then stated, "Mr. Garcia will either go forward the way it is presented, or
instead - or you know, he'll appeal the decision - because the fifty foot (50') right of way
- he can have twelve feet (12') of pavement, no sidewalks and the edge of the fifty foot
(50') easement, next to the Oak Forest side has to be twenty feet (20') from the property
line." Brief discussion.
Mayor Partyka called a break at 8:44 p.m.
The Meeting was called back to order at 9:01 p.m. by Mayor Partyka.
E. Community Development Department - Land Development Division
Requests The Commission To Provide Direction Relative To A Request To Develop
Property Known As Big Cypress On State Road 434 Next To The Winter Springs
Golf Club At A Density Of 16 Units Per Acre.
Commissioner Martinez suggested that this issue be postponed for two weeks, so that this
matter could be further researched.
Commissioner McLeod arrived back in the Commission Chambers at 9:03 p.m.
Mayor Partyka asked members of the Commission on their opinion of whether to proceed
with this issue, and the consensus of the Commission was to "hear the issues."
Mr. LeBlanc advised the Commission on this proposed project. Discussion ensued on the
Comprehensive Plan; Golf Terrace Apartments; Courtney Springs Apartments; density;
C-I Zoning; and the three proposed alternatives.
CITY OF WINTER SPRINGS
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CITY COMMISSION
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PAGE 14 OF 17
Mr. Sam Benson: spoke on behalf of the applicant, and stated his two concerns were the
contiguous property and the densities allowed for the contiguous property; and the
Developer's Agreement. Mr. Benson added, that "R-3 is up to sixteen (16) units per acre
- that still remains in your code."
Members of the Commission discussed whether a major Comprehensive Plan
Amendment was necessary; what happened with a similar project "Seville Chase";
conflicts with the Comprehensive Plan; "Infill District Zoning;" urban density; the
uniqueness of this property; possible future uses for this property; Wetlands and
vegetative buffers; and possibly increasing the sewer capacity.
Mr. Dan Wood: discussed a historical perspective; easements for wetlands; the
developer's agreement; reservations and commitment fees; and that they were very
sensitive as to what would blend in with the golf course. Mr. Wood then stated that Mr.
Kipton D. Lockcuff, Public WorkslUtility Department Director has been very helpful!
Discussion ensued on wetlands; what the dates for compliance would be, and could they
be met; regulating the density; Zoning; that more information on "Infill District Zoning"
would be very helpful; why this was not an Informational Agenda Item; the water
capacity; urban density; investment and speculation concerns.
"I WOULD LIKE TO MAKE A MOTION THAT THIS GOES BACK TO STAFF,
TO THE MANAGER - TO FURTHER LOOK AT AND TO BRING BACK A
PROPOSAL AS A REGULAR AGENDA ITEM TO ADDRESS PARTICULAR
PIECE OF PROPERTY, AND WHETHER THAT BECOMES A 'INFILL
DISTRICT ZONE' OR WHATEVER THAT MAY BECOME - I THINK I WILL
LEAVE THAT OPEN TO THE CITY MANAGER AND STAFF TO DECIDE
WHEN THEY BRING IT BACK." MOTION BY COMMISSIONER McLEOD.
SECONDED BY COMMISSIONER MILLER. DISCUSSION.
COMMISSIONER MARTINEZ ADDED, "I WOULD LIKE THE RECORD TO
SHOW THAT WE HAVE ALSO STIPULATED, NOT ONCE, BUT TWICE,
FROM THIS DAIS, THAT ANY AGENDA ITEM, WHICH COMES TO US
BEYOND THE WEDNESDAY PRIOR TO THE COMMISSION MEETING
WILL NOT BE -"
COMMISSIONER McLEOD SAID THAT HE WAS NOT CONSIDERING ANY
OF THE "ALTERNATIVES."
THE CITY CLERK WAS ASKED TO REPEAT THE MOTION, AND DID SO.
COMMISSIONER McLEOD CLARIFIED THAT HIS MOTION SHOULD
INCLUDE THE FOLLOWING CONSIDERATION: "I ALSO SAID THAT IT'S
A SPECIAL CIRCUMSTANTIAL PIECE OF PROPERTY, AND THINK THAT'S
VERY IMPORTANT, AS TO WHY WE ARE SENDING IT BACK."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - MARCH 13,2000
PAGE 15 OF 17
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
VII. REPORTS
A. City Attorney - Anthony Garganese, Esquire
Attorney Garganese stated that "Regarding the Lein and Lenzeni versus City of Winter
Springs lawsuit, Judge Benson issued an 'Order of Recusal' recusing him from the case,
and we're waiting for another Judge to be assigned."
Attorney Garganese also advised the Commission that he was requesting the approval of
the Commission to engage the services of Arthur England, pertaining to the Bond
Validation Hearing, specifically "To handle the briefs and the oral argument."
"BASED ON THE RECOMMENDATION FROM OUR CITY ATTORNEY, I'LL
MAKE A MOTION THAT WE MOVE TO RETAIN MR. ENGLAND TO
REPRESENT US IN THE SUPREME COURT, IN THIS IMPORTANT CASE;
WHICH GIVES US A POSSIBILITY OF PREVAILING." MOTION BY
COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL.
Tape 2/Side B
Brief discussion on the $25,000 fees, and what the fees are comprised of.
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
DEPUTYMAYORGENNELL: AYE
COMMISSIONER MILLER: AYE
MOTION CARRIED.
B. City Manager - Ronald W. McLemore
Public WorkslUtility Department Director Mr. Lockcuff had no report, however he
thanked the Commission for their patience regarding the problem with the lights on the
dais.
C. City Clerk - Andrea Lorenzo-Luaces
City Clerk Andrea Lorenzo-Luaces advised the Mayor and Commission that since the
January 31, 2000 Joint Workshop between the Commission and the Advisory Boards and
CITY OF WINTER SPRINGS
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CITY COMMISSION
REGULAR MEETING-MARCH 13,2000
PAGE 160F 17
Committees, all Agendas and Minutes of all City Commission meetings are being sent
out to all Board and Committee Members.
On behalf of the Mayor, Commission, and City Manager, a cake was presented to
Commissioner Martinez for his Birthday.
D. Commission Seat I - Robert S. Miller
Commissioner Miller mentioned an e-mail document, which degraded certain City
Officials, and asked Attorney Garganese about such defamation issues. Brief discussion.
E. Commission Seat II - Michael S. Blake
Absent.
F. Commission Seat IV - Edward Martinez, Jr.
Commissioner Martinez spoke of a letter from a homeowner (near the Oveido
Marketplace Mall), and suggested that assistance be given regarding the noise.
Commissioner Martinez then mentioned the minutes from the February 2, 2000 Planning
and Zoning Board which identifies concerns with 20-358. and 20-359. of the Code of
Ordinances; and he said, "I would like, maybe, for the City Manager to get together with
the Planning and Zoning Board and bring back to this Commission, something that we
could work on to make this a more palatable Section of our Code." Brief discussion.
Commissioner Martinez spoke about being notified by the Seminole County School
Board about a new site (the North side of State Road 419, near the intersection of State
Road 434), for a new elementary school.
G. Commission Seat IV - Cindy Gennell
Deputy Mayor Gennell asked about a Board Appreciation Dinner, and asked to have the
City Clerk survey the Commission for dates for this event.
Deputy Mayor Gennell mentioned that Staff should review the Arbor Ordinance, as there
is either a $25.00 fee or a $200.00 fee (for commercial), and nothing in between. Deputy
Mayor Gennell stated, "I would like the Commission to direct the Staff to visit that and
come back with some suggestions for us to modify that somewhat." This was agreed to
with consensus of the Commission.
H. Commission Seat V - David W. McLeod
Commissioner McLeod stated that he was very familiar with the site for the proposed
new school that Commissioner Martinez mentioned, and that he previously had had the
site under contract, and had donated all environmental and site tests that had been done to
the School Board. However, Commissioner McLeod suggested that the site on State
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REGULAR MEETING - MARCH 13,2000
PAGE 17 OF 17
Road 434 which currently houses the "bus depot" would be a more desirable site for an
elementary school, and to then relocate the "bus depot" to the site on State Road 419
which was spoken of earlier; and that the City might want to recommend this suggestion
to the School Board.
· Appointment to the Board of Trustees (Pension Plan)
Commissioner McLeod nominated Mr. Mark Sardo, an Investment Planner to the Board
of Trustees.
MOTION. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
VOTE:
COMMISSIONER MILLER: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
I. Office of the Mayor - Paul P. Partyka
Mayor Partyka said that he had been in contact with the Florida Department of
Transportation (FDOT) regarding a signal at Winding Hollow, that it has been approved,
and all they are waiting for is the permitting from the City. Mr. Lockcuff commented on
the status of this matter.
VIII. ADJOURNMENT
Mayor Partyka adjourned the Meeting at 10: 1 7 p.m.
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
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''NcJ'rE: These minutes were approved at the March
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2 7 , 2000 City Commission Meeting.