HomeMy WebLinkAbout2000 04 24 Regular H PUD Document
COMMISSION AGENDA
ITEM
H
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
April 10, 2000
Meeting
MGR 4~PT
.
Authorization
REQUEST:
City Manager requests the City Commission to consider an amendment to the City Code to
provide that a minor change to PUD documents would be submitted to the City
Commission for approval.
PURPOSE:
To amend to the City Code to provide that a minor change to PUD documents would be
submitted to the City Commission for approval.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of section 4.14 (8) of the City of Winter Springs Charter states the City
Commission shall "Amend or repeal any ordinance previously adopted, except as otherwise
provided in Article IX with respect to repeal of ordinances reconsidered under the referendum
power" .
CONSIDRA TIONS:
At the March l3 meeting of the City Commission, Conunissioner Martinez stated that the
Planning and Zoning Board had identified some concerns with Section 20-358 and Section 20-
359 of the Code of Ordinances. The issue relates to the requirement that the Planning & Zoning
Board review all amendments to PUD's. Commissioner Martinez requested that the City
Manager meet with the Planning and Zoning Board and bring back a recommendation to the City
Commission that would make this section of our Code more palatable.
11000ra.doc
FINDINGS:
After reviewing Section 20-358 and Section 20-359 and Section 20-385 and Section 20-386 of
the Code of Ordinances staff has determined that the strict interpretation of the Code would
require that any and all changes to the preliminary and final PUD documents be reviewed and
approved by the Planning and Zoning Board. This results in a process, which can be extended by
as much as 8 weeks when many of these changes have little if any impact on the intent of the
PUD.
This issue was also discussed at the Planning and Zoning Board meeting of February 2, 2000
when Board Member Bill Fernandez stated that the City Commission should address this
particular ordinance. Please refer to attached Planning and Zoning Board meeting minutes of
February 2,2000, page 3.
RECOMMENDATION:
Staff would propose to amend the appropriate section of the Code of Ordinances to allow for
minor modifications to PUD's to be reviewed by staff and approved by the City Commission.
Recommended changes to the PUD ordinance will be prepared by staff and forwarded to the
Planning and Zoning Board for review, modifications and public hearing. The final code
amendments will be reviewed and approved by the City Commission.
Minor changes will most likely not be allowed for the following:
1. A change in the use or character of the PUD.
2. An increase in overall coverage of structures.
3. An increase in the intensity of the use, or the density.
4. A change that would result in poor traffic circulation or inadequate public utilities.
5. A reduction in open space.
6. Other similar changes that modify the over intent and functional operation of the PUD
Most request for changes will be a result of final engineering or from conditions that occur as a
result of construction field conditions and permitting.
ATTACHMENTS:
Planning and Zoning Board minutes of February 2, 2000.
COMMISSION ACTION:
11000ra.doc
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILP A
REGULAR MEETING
FEBRUARY 2, 2000
I. CALL TO ORDER
The Planning And Zoning BoardlLPA Regular Meeting was called to order Wednesday,
February 2, 2000, at 7:02 p.m. by Chairman Carl Stephens, Jr., in the Commission
Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter
Springs, Florida 32708). The Pledge of Allegiance followed.
Roll Call
Carl Stephens, Jr., Chairman, present
Marc Clinch, Vice Chairman, present
Tom Brown, absent
Bill Fernandez, present
Rosanne Karr, present
Also Present
Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator
Approval Of the November 24, 1999 Planning And Zoning Board/Local
Planning Agency Meeting Minutes
There was discussion regarding page three (3), last paragraph, the line reading "The City
should design a improved storm water management plan for the Town Center in order to
free up land in the Town Center for private development." should read as "The City
should design an improved stornl water management plan for the Town Center in order to
free up land in the Town Center for private development."
MOTION BY BOARD MEMBER FERNANDEZ. "OTHER THAN THAT ONE
CHANGE, I WOULD RECOMMEND THAT THE MINUTES OF OUR
NOVEMBER 24, 1999 MEETING BE APPROVED AS CIRCULATED BY MAIL."
AMENDMENT TO THE MOTION BY VICE CHAIRMAN CLINCH. "I MOVE
THAT WE CORRECT THE PAGE SEQUENCE." SECONDED BY BOARD
MEMBER KARR. DISCUSSION.
VOTE:
VICE CHAIRMAN MARC CLINCH: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LPA
REGULAR MEETING - FEBRUARY 2, 2000
PAGE 2 OF 7
CHAIRMAN CARL STEPHENS, JR.: AYE
MOTION CARRIED.
Approval Of the November 3, 1999 Planning And Zoning Board/Local
Planning Agency Meeting Minutes
Discussion followed regarding Board Member Karr's departure from the meeting at 9:30
p.m. and her lack of a vote on an issue for this reason; that "to wit" was written correctly
in the minutes; and that on page two (2), the company that Mr. Howell represents is
"lvey, Harris, & Walls".
MOTION BY VICE CHAIRMAN CLINCH. "WITH THOSE COMMENTS, I
MAKE A MOTION TO APPROVE THE MINUTES OF NOVEMBER 3, 1999."
SECONDED BY BOARD MEMBER FERNANDEZ. DISCUSSION.
VOTE:
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
CHAIRMAN CARL STEPHENS, JR.: AYE
VICE CHAIRMAN MARC CLINCH: AYE
MOTION CARRIED.
II. REGULAR AGENDA
A. Variance to Building Setbacks on Lots 120, 121, 122, 123
Fox Glen at Chelsea Parc
Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator spoke to the
Board regarding the purpose for the request; justification for the request; and the Staff
findings.
The Board discussed the Staffs findings in relation to there being no potential negative
effects to surrounding properties; the front and side setbacks of the existing lots; the
Board being approached by the developer in the past; and the Board having the authority
to "approve an alteration to the final development plan".
Mr. Hugh Harling of Harling, Locklin and Associates,: spoke of why they were
requesting the alteration; the history of the subdivision; and not anticipating being back
before the Board again.
At the request of the Board, Mr. Grimms read Section 20.358. of the Code of the City of
Winter Springs.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILPA
REGULAR MEETING - FEBRUARY 2, 2000
PAGE 3 OF 7
Board Member Bill Fernandez stated, "We have been here before, we have done this
before, I've expressed my displeasure with the circuity of this particular ordinance. I
believe I said a year ago that this particular ordinance should be addressed by the City
Commission and again, so that this Board and this record is clear in case, doubtfully, any
of the Commissioners will listen to it, but the second sentence of 20-35 says, the Board
shall review the request and make findings of fact, findings of fact as to whether the
proposal constitutes a change in the preliminary development plan also. And I for one
cannot make findings of fact, whether it constitutes a change in the preliminary
development plan, unless I have the preliminary development plan in front of me. So,
once again I think that whole sentence is inapplicable, it should not be in here and it is
circuitous because we go through the same process, whether it is preliminary or it is final.
But once again if we do find that it constitutes a change, from some plan that we don't
have in front of us, the preliminary one, then we have to go through our same process in
20-358. If there is no change to the preliminary plan, and it is my thought that deleting,
reducing or altering a drainage easement by five (5) feet would be an alteration or change
of a preliminary development plan, as well as the final of course, that if it is not a change,
then we go to this section which is 20-359."
Board Member Fernandez continued, "I can sit here and say from what I review and what
I've heard, that I think it would be substantially consistent with the approved final
development plan, that it would be consistent with what the Planning and Zoning Board
may approve or approve with modifications for the proposed change but once again, I
express, and this time I'll say my very strong displeasure and dissatisfaction with the
language contained in Section 20-359.A as it relates to reviewing and making findings of
fact as whether there is a change in the preliminary plan, and we don't even have it in
front of us. I don't think that ought to be in there and out of frustration the last time I
think that's when I proposed to approve the modification and alteration, but once again, I
want to get that off my chest and on the records and maybe ten (10) years from now or
twenty (20) years from now the City Attorney will dress this up or address this when he
has the time. Those are my comments, Mr. Chair."
Discussion continued regarding if prospective buyers and homeowners are being
informed of the setbacks; neighboring lots; the history of the subdivision; and the
Homeowners Association.
MOTION BY VICE CHAIRMAN CLINCH. "I WILL MAKE A MOTION THAT
THIS BODY RECOMMENDS FOR APPROVAL THE WHITE MARK
ALTERATIONS TO FOX GLEN AT CHELSEA PARC, TUSCAWILLA PHASE
TWO (2) FINAL DEVELOPMENT PLAN FOR LOTS 120, 121, 122 AND 123."
BOARD MEMBER KARR SECONDED. DISCUSSION.
Discussion followed regarding that the motion should include some "findings of fact".
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LPA
REGULAR MEETING - FEBRUARY 2, 2000
PAGE 4 OF 7
MOTION BY VICE CHAIRMAN CLINCH. "I AMEND MY MOTION PENDING
CLARIFICATION AS TO WHETHER THIS IS A CHANGE OR AN
ALTERATION TO THE CITY'S ORDINANCE, SECTION 20-358."
Discussion ensued regarding preliminary and final plans; the final plat filed with the
Seminole County Clerk of the Circuit Court Office; the second sentence of Ordinance
20-359.A; and when the City Commission goes to address Ordinances that 20-359. be
reviewed.
BOARD MEMBER KARR WITHDREW HER SECOND.
MOTION BY VICE CHAIRMAN CLINCH. "I WILL MAKE A MOTION THAT
THIS BODY RECOMMEND FOR APPROVAL WHITE MARK ALTERATION
TO FOX GLEN AT CHELSEA PARC, AT TUSCAWILLA PHASE TWO (2)
FINAL DEVELOPMENT PLAN FOR LOTS 120, 121, 122 AND 123 AND THAT
IT BE FOUND TO BE CONSISTENT WITH THE FINAL PLAT,
SUBSTANTIALLY CONSISTENT-SUBSTANTIALLY CONSISTENT, WITH
FINAL PLAT."
There was brief discussion regarding the final development plan and the final plat.
AMENDMENT TO THE MOTION BY VICE CHAIRMAN CLINCH. "I AMEND
MY MOTION TO INCLUDE SUBSTANTIALLY CONSISTENT WITH THE
FINAL DEVELOPMENT PLAN AND TO INCLUDE THE STAFF FINDINGS
UNDER ROMAN NUMERAL FOUR, ITEMS ONE THROUGH FIVE." BOARD
MEMBER FERNANDEZ SECONDED. DISCUSSION.
VOTE:
VICE CHAIRMAN MARC CLINCH: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
CHAIRMAN CARL STEPHENS, JR.: AYE
MOTION CARRIED.
Mr. Grimms stated "The motion that was passed just now, that was a determination that
the request that alteration is substantially consistent with the approved final development
plan. Ok, you may now want to consider passing a motion to approve the alterations, if
you want to be technical about it."
MOTION BY BOARD MEMBER FERNANDEZ. "SO MOVED." BOARD
MEMBER KARR SECONDED.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILPA
REGULAR MEETING - FEBRUARY 2, 2000
PAGESOF7
VOTE:
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
CHAIRMAN CARL STEPHENS, JR.: AYE
VICE CHAIRMAN MARC CLINCH: AYE
MOTION CARRIED.
B. Proposed Staff Planning Projects for this Year
Mr. Grimms informed the Board that the following specific projects would be undertaken
in the future:
· Revisit and revise S.R. 434 Corridor Redevelopment Overlay Zoning District
Regulations
· Revisit and revise S.R. 434 New Development Overlay Zoning District Regulations
· Review and revise the overall Sign Ordinance (Chapter 16 of the City Code)
. The review and revision of the Land Development Regulations
. Annexations and creating an incentive package
· Preparing the Evaluation and Appraisal Report (EAR)
. Preparing a Joint Planning Agreement
. Topical Map
The Board discussed the relationship of Land Development Regulations to City
Ordinances; and proposing issues regarding annexation to the City Commission.
Tape IISide B
Discussion continued regarding possible annexations; and the procedure for getting legal
opinion of the ordinance that created the Planning and Zoning Board.
MOTION BY BOARD MEMBER FERNANDEZ. "I WILL MAKE A MOTION
THAT WE HAVE OUR CHAIRMAN REQUEST THE CITY MANAGER
OBTAIN A LEGAL OPINION OF OUR ORDINANCE THAT CERATES THE
PLANNING AND ZONING BOARD AND THE LOCAL PLANNING AGENCY,
TO GET A LEGAL OPINION FROM OUR CITY ATTORNEY AS TO THE P&Z
AUTHORITY IN THE ANNEXATION AREA AND WHETHER OR NOT IF WE
HAVE ANY RIGHT TO BE IN THAT PROCESS." SECONDED BY BOARD
MEMBER KARR. DISCUSSION.
',.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LPA
REGULAR MEETING - FEBRUARY 2, 2000
PAGE 6 OF 7
VOTE:
BOARD MEMBER KARR: AYE
CHAIRMAN CARL STEPHENS, JR.: AYE
VICE CHAIRMAN MARC CLINCH: AYE
BOARD MEMBER FERNANDEZ: AYE
MOTION CARRIED.
The Board continued discussing past and possible future annexations; and a letter being
composed to the City Manager.
C. Eckerd Drug Store - Final Site Plan, Final Engineering
Mr. Grimms informed the Board that Eckerd Drug Store was "put on as an amended
Agenda Item"; and introduced the representatives of Eckerd Drug Store.
Mr. Ron Henson, Design Service Group, 3228 South Green Street, Longwood. Florida:
stated he is representing Unicorp, along with Bob Fike (who was also present); that they
are coming before the Board to seek the Board's approval of the site plan; requested a
Special Meeting in two (2) weeks for formal approval; and presented and reviewed the
plans.
The Board discussed the "cut thru" traffic; and the traffic flow of State Road 434 and
State Road 419.
City Manager Ronald W McLemore arrived at 8:45 p.m.
The Board's discussion continued regarding access to the utilities; the frontage retention
pond and other storm improvements planned; and curb inlets.
City Manager Ronald W McLemore departed at 8:49 p.m.
Discussion ensued regarding utility easements; submittal of the final engineering plans;
and having a Special Meeting on February 16,2000, at 7:00 p.m. which the Board agreed
to by consensus.
III. FUTURE AGENDA ITEMS
. Eckerds Drug Store Final Plans
. Action Items
Board Member Marc Clinch stated "I believe I have to enter into public record as
required by the Sunshine Law. I was contacted by Mr. Joe DeMinico, introduced himself
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LPA
REGULAR MEETING - FEBRUARY 2, 2000
PAGE 7 OF 7
as a concerned citizen regarding the Tuskawilla Parcels 7 & 8. He was concerned with
how that was proceeding with the City after we had addressed those two cases and I
advised that I did not follow the issue past our motion and that is about it. I don't know if
I have to enter in to public record but I wanted to do the right thing."
Discussion followed regarding that there being "No violation of the Sunshine Laws".
IV. ADJOURNMENT
MOTION BY BOARD MEMBER FERNANDEZ. "I MOVE TO ADJOURN THE
MEETING". BOARD MEMBER KARR SECONDED. THE BOARD AGREED
TO THE MOTION BY CONSENSUS.
Chairman Stephens adjourned the meeting at 8:58 p.m.
Minutes Respectfully Submitted By: Debbie Gillespie, City Clerk's Office
City of Winter Springs, Florida
APPROVED:
CARL STEPHENS, JR., CHAIRMAN
PLANNING and ZONING BOARD/LP A
NOTE: These minutes were approved at the
,2000 Planning And Zoning BoardlLPA Meeting.
DOCSlboa rd sIp I an n i n gl a 111m i n u tes/2 00010 2 02 00. doc
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
AGENDA
CITY OF WINTER SPRINGS
CITY COMMISSION
SPECIAL MEETING
MONDAY, APRIL 24, 2000- 6:30 P.M.
(CONTINUATION OF THE REGULAR MEETING OF APRIL 10, 2000)
CITY HALL - COMMISSION CHAMBERS
I. CALL TO ORDER
Roll Call
THE FOLLOWING IS THE CONTINUATION OF
THE LAST REGULAR MEETING, WHICH WAS
PARTIALLY HELD ON MONDAY, APRIL 10,
2000.
VI. REGULAR
C. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of Mr. Walt Dittmer
For Satisfaction Of The Code Enforcement Lien Against His Property.
D. Police Department .
Requesting The Commission To Give Approval To Purchase A Kustom
Signals, Speed Monitoring Awareness Radar Trailer, Known As A SMART
Radar Trailer.
E. Community Development Department - Land Development Division
Presents To The City Commission, For Their Action, The Planning And
Zoning Board Recommendation On The Final Engineering Plans As It
Relates To The Proposed Winter Springs Executive Park.
"
'"
CITY OF WINTER SPRINGS
AGENDA
CITY COMMISSION
SPECIAL MEETING - APRIL 24. 2000
CONTINUATION OF THE REGULAR MEETING OF APRIL 10,2000
Page 2 of2
H. City Manager
Requests The City Commission To Consider An Amendment To The City
Code To Provide That A Minor Change To PUD Documents Would Be
Submitted To The City Commission For Approval.
(This Agenda Item Has Been Postponed To The Mav 8. 2000 ReguLar
Meeting).
VII. REPORTS
Reports Will Be Covered At The Conclusion Of The April 24, 2000 Regular
Meeting.
VIII. ADJOURNMENT
* PUBLIC NOTICE *
This is a public meeting, and the public is invited to attend.
This Agenda is subject to change,
Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs, 48
hours in advance of the meeting at (407) 327-1800. per Section 286.26 Florida Statutes.
Persons are advised that if they decide to appeal any decisions made at these meetingslhearings they will need a record of the
proceedings and for such purpose, they may need to insure that a verbatim record of the proceedings is made which record includes
the testimony and evidence upon which the appeal is to be based per Section 286.0105 Florida Statutes.
~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING
(THIS IS THE CONTINUATION OF THE APRIL 10, 2000 REGULAR MEETING)
APRIL 24, 2000
I. CALL TO ORDER
The Special Meeting of April 24, 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, absent
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, absent
Public WorkslUtility Department Director, Kipton D. Lockcuff, P.E. present
City Attorney Anthony A. Garganese, present
.:. .:. AGENDA NOTE: THE FOLLOWING IS THE CONTINUATION OF THE
LAST REGULAR MEETING, WHICH WAS PARTIALLY HELD ON MONDAY,
APRIL 10, 2000. .:. .:.
VI. REGULAR
C. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of Mr. Walt Dittmer For
Satisfaction Of The Code Enforcement Lien Against His Property.
Ms. Jimette Cook, Code Enforcement Inspector addressed the Commission regarding the
timeline of this case; "The Board reached a decision of thirty-five (35) feet from the edge
of the property line, and wanted Mr. Dittmer's property to be mowed;" compliance; a
required inspection; and Liens. Ms. Cook stated "I informed Mr. Dittmer several times
that in order to release the fine, which had become a Lien on the property, it would have
to be mowed, in compliance and an inspection requested." Code Enforcement Officer
Cook explained that "The Code Enforcement Board doesn't have the authority to reduce
or satisfy a Lien - "A Lien runs in favor of the governing body," and that the property is
now in compliance to the satisfaction of the Code Enforcement Board.
"
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24. 2000
THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING
Page 2 01"5
Ms. Cook stated that the City was not seeking the full amount of the Lien; possible
problems with miscommunication; and that the Commission is being asked for their
guidance regarding a possible reduction or satisfaction of the Lien, if it is so desired.
Discussion ensued on the current amount of the Lien. Ms. Cook stated, that "As of
March 25, 2000, when we inspected the property, it was $32,400.00, and it stopped
running on March 25th of this year." Further discussion followed regarding the costs
incurred by the City - which was estimated at approximately $50.00; correspondence
between both parties; compliance issues; and had the City checked on this matter.
Mr. Walt Dittmer, 1006 Shepard Road, Winter Springs, Florida: spoke of a "gross
misunderstanding;" his attempt to take care of the problem; compliance; the power
easement and berm; that he had not tried to "short-cut" the City; and the Lien.
Further discussion between Members of the Commission, Ms. Cook, and Mr. Dittmer
continued regarding miscommunication; easements; building a wall; deeding property to
"Wildwood;" what is the criteria for the mowing of (undeveloped) parcels of land within
the City; an "Order of the Code Enforcement Board;" letters sent to the City; what had
not been brought into compliance; other (undeveloped) parcels of land that are similar;
different sizes of buffers; "firebreaks;" the fine; and notification.
Commissioner Michael S. Blake suggested that "The number I would have - would be
$100.00 per day, for twenty days - that would be $2,000.00, plus the cost of $50.00; so
the amount that I would recommend to the Board would be $2,050.00."
Further discussion ensued about this property being a possible fire hazard to the nearby
wood-framed structures; how the property had been mowed; including the area west of
the retention ponds; swales; and communication problems. Also discussed was that this
property was a possible threat to the neighbors; and methods of communication.
Commissioner Martinez stated, "Mr. Mayor - Point of order please. Is there a Motion on
the floor?"
COMMISSIONER McLEOD THEN STATED, "BASICALLY, MY MOTION IS
BASICALLY TO LEVY A $2,000.00 (DOLLAR) FINE AND ADDITIONAL $50.00
(DOLLARS) FOR THE FILING, AND THAT WOULD TAKE UP THE TIME
UPON WHICH THE INITIAL ORDER HAD BEEN FILED TO BASICALLY
WHEN MR. DITTMER ORIGINALLY RESPONDED AND THOUGHT HE WAS
IN COMPLIANCE." MOTION BY COMMISSIONER McLEOD. SECONDED
BY COMMISSIONER BLAKE. DISCUSSION.
1;
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24. 2000
THIS IS THE CONTINUATION OF THE APRIL 10,2000 REGULAR MEETING
Page 3 of5
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER MARTINEZ: NAY
MOTION CARRIED.
Attorney Garganese suggested "I would bring it back to the Code Enforcement Board to
reconsider and clarifying the Order, because if he does not come into compliance, then
fines could start accruing again. What this Board voted for tonight, was simply to offer
to satisfy the lien at $2,000.00, plus $50.00 cost. But, there is still the issue of clarifying
the Order, and assuring that he comes into compliance. That jurisdiction belongs to the
Code Board, so it needs to go back, for that purpose."
Ms. Cook stated, "And I can initiate that proceeding. So, we'll do that for the next Code
Board meeting, and Mr. Dittmer will be noticed, and what we'll do is ask for a new
Order." Code Enforcement Officer added, "We can't bring it as a violation, because he is
in compliance now, but we'll ask the Board to consider amending their Order, and that
way we can take into consideration the ditches, that are now dry, but that will be wet if
we have water."
Commissioner Edward Martinez, Jr. asked that based on the testimony heard here
tonight, that the City Manager "Instructs the Code Enforcement Department to go out
there and inspect all these properties, and see if they are in compliance with the Code or
not; and report back to the Code Enforcement Board; and also assist in making sure that
one of those fires doesn't take over here in the City and cause us a lot of destruction and
possibly health hazards."
D. Police Department
Requesting The Commission To Give Approval To Purchase A Kustom Signals,
Speed Monitoring Awareness Radar Trailer, Known As A SMART Radar Trailer.
Chief of Police Daniel 1. Kerr addressed the Commission and asked that they approve
this device "to assist us in slowing the traffic in the City. This device is not specifically
for enforcing traffic, but to slow traffic down." Chief Kerr explained that this device was
computerized; that a lot of man-hours can be saved with this device; staff could be
assigned; and vehicle counts can be shared with other departments and agencies.
Further discussion ensued on related purchasing; that this be designated "sole source";
using the County's equipment; whether this unit be used to issue citations; Police
Officers per capita; that this could be a very effective tool; that it would primarily be used
on an unmanned basis; and violations.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24, 2000
THIS IS THE CONTINUATION OF THE APRIL 10.2000 REGULAR MEETING
Page 4 of 5
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE ITEM 'D' FOR
THE 'SMART' RADAR TRAILER, AT THE AMOUNT $15,055.00." MOTION
BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER
MARTINEZ. DISCUSSION. COMMISSIONER BLAKE STATED, "POINT OF
ORDER. DID THE COMMISSIONER MEAN TO MAKE THIS PART OF THE
MOTION - THE FACT THAT THIS A SOLE SOURCE ITEM AND DOESN'T
GO THROUGH A BID PROCESS." COMMISSIONER McLEOD STATED,
"YES. I DID MENTION THAT THE APPROVING OF ITEM 'D' WHICH DOES
GIVE US SINGLE SOURCE."
VOTE:
COMMISSIONER MARTINEZ: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER BLAKE: AYE
DEPUTY MAYOR GENNELL: AYE
MOTION CARRIED.
E. Community Development Department - Land Development Division
Presents To The City Commission, For Their Action, The Planning And Zoning
Board Recommendation On The Final Engineering Plans As It Relates To The
Proposed Winter Springs Executive Park.
Mr. Don LeBlanc, Land Development Coordinator explained the premise of this Agenda
Item, and mentioned that "The Planning and Zoning Board recommended that it be
approved, with the condition that the 'FDOT' permit be submitted to the City, prior to
pre-construction. "
Tape IISide B
Discussion followed regarding whether "FEMA" should be involved with this; the
proximity of the septic tanks to the lake; that the County permits the septic tanks;
compliance with the "434 New Development" plan; compliance with our Arbor
Ordinance; and that "That's also in the area that was identified by the 'DEP' as being
archeologically and historically significant, and we need to have them do that
archeological survey." Regarding some surveys already done, Mr. LeBlanc stated that he
would check his records; and then stated, "If it had not been done as a stipulation to
approval, that an archeological survey be completed."
"I WILL MOVE TO APPROVE ITEM 'E' ON THE REGULAR AGENDA
SUBJECT TO THE PROVISION OF AN ARCHEOLOGICAL SURVEY - AND
THE 'FDOT' PERMIT, PRIOR TO PRE-CONSTRUCTION." MOTION BY
COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE.
DISCUSSION.
..
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - APRIL 24. 2000
TI-IIS IS THE CONTINUATION OF THE APRIL J 0.2000 REGULAR MEETING
Page 5 of 5
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER McLEOD: AYE
MOTION CARRIED.
H. City Manager
Requests The City Commission To Consider An Amendment To The City Code To
Provide That A Minor Change To PUD Documents Would Be Submitted To The
City Commission For Approval.
(This Agenda Item Has Been Postponed To The Mav 8. 2000 Regular Meeting).
No action was required or taken.
VII. REPORTS
Reports Will Be Covered At The Conclusion Of The April 24, 2000 Regular Meeting.
VIII. ADJOURNMENT
Mayor Partyka adjourned the meeting at 7:42 p.m.
Respectfully Submitted By: Andrea Lorenzo-Luaces
City Clerk
NOTE: These minutes were approved at the May 8. 2000 City Commission Meeting.