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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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE 2 OF 17 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE 3 OF 17 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE40F17 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE 6 OF]7 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE 7 OF 17 "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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETlNG- MARCH 13,2000 PAGE 8 OF]7 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE 9 OF 17 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE IOOF 17 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. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 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 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE 12 OF 17 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." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 PAGE 13 OF 17 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 MINUTES CITY COMMISSION REGULAR MEETING - MARCH 13,2000 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 MINUTES 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 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION 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 ....' " 'jj1~ :;.; " ," '": ;' . ;: - P AULP ,rp AR:-l'YKA M . _.:... . -._ ~, _ ~:::"0 __~. , . , __ ~" r~'" __ ''NcJ'rE: These minutes were approved at the March .... --- . 2 7 , 2000 City Commission Meeting.