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HomeMy WebLinkAbout_1996 04 22 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION APRIL 22, 1996 The Regular Meeting of the City Commission of April 22, 1996, was called to order by Mayor John F. Bush at 7:30 p.m. ROLL CALL Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present For the invocation Mayor Bush asked for a moment of silent prayer. Manager McLemore stated the agenda changes: Informational Agenda: Fire Department - Item C - Update on the Blood Drive; City Clerk's Department - Item D - update on the City Clerk's Strategic Planning Workshop. Regular Agenda: Public Works/Utility Department - Item G - an emergency item regarding a proposal from Altamonte Springs relative to using Gee Creek for stormwater discharge. Approval of Minutes of April 8. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of April 8, 1996. Commissioner Ferrlng mentioned that on page nine, fourth paragraph, line seven, the word "refuse" should be "refuge". Motion was made' by Commissioner ConnitT to approve the minutes of April 8, 1996 as amended. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Bush stated that this evening at 5:30 p.m. the City dedicated the Winter Springs Public Safety Building; Resolution 779 was read designating this building the John Govoruhk Public Safety Building. Motion was made by Commissioner ConnitT to approve Resolution 779. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Mayor Bush read Resolution No. 779 and stated that Mr. Govoruhk gave a short talk on the history of the City since his (Govoruhk) involvement. PUBLIC INPUT Rudy Werlink, 749 Sybilwood Cr., spoke regarding Trotwood Park and the fencing project and also about Lake Tuscawilla. Mr. Werlink stated that he is a voluntary Chairman of the Trotwood Park and said they want to see the park left natural, see maintenance performed and want to see environmental responsible things done to the park. Mr. Werlink also stated that they want to see Lake Tuscawilla restored. Discussion. Manager McLemore stated that the City hears the objections and is taking it sincerely and will try to work with the residents there to come up with a plan that makes sense to everyone. The Lake is principally a retention drainage type facility and our first obligation is to make sure it functions that way so that it doesn't hurt other people. Beyond that point, we are open to try to work with the community to do everything we can to keep the ambiance of it and the natural features of it as good as we can make it. Kip Lockcuff, Public WorkslUtility Director, stated that the Lake is a retention pond in the way that it functions. From the USGS quads from 1958, that area was a depressional wetlands that appears to him that had been dredged (probably for fill). There is an outfall ditch from it with a control structure towards Sybilwood and there is two or three pipes also going into that, which we really have no alternative to diverting that. The project we are undertaking as far as the clearing came about around 1994, there were complaints about hydrilla in the lake and poor fishing, at that time we put the lake under contract with our pond manager, Lake Manager Aquatic Biologist, and they have been treating the hydrilla about two years. As part of that we have added grass carp to make a more organic approach to vegetation control. Mr. Lockcuff stated that there were concerns about accessability for fishing other than the dock, and he talked with the City Manager (at that time) about creating additional access points along the shore and the Manager and Mr. Wilson and he discussed that and agreed that it would be good to approximately clear a third of the lake shore from the dock to the outfall drainage ditch, which would improve the fishing capabilities and solve any blockage of the drainage ditch for stormwater. We asked the lake manager last fall as part of their monthly spraying program to start knocking back the cat-tails along that shore line. We have no intention of continuing further along the shore line. In discussion with the Game and Fresh Water Fish Commission, their suggestion was to take all the cat-tails out and replace them with bull rush, pickerel weed and some other type of vegetation. I think that will be a good future project, but we have no plans or funding for that at the present time. Basically we have cleared as far as we are going to clear. Manager McLemore stated that he feels the City can accommodate everybody's concerns, both the functional needs of the lake to act as a drainage facility and to try to maintain as much natural life in the lake as we can, we are anxious to work with the neighbors to do that. We will be happy to sit down and work out a plan to accommodate both goals. Janice Romano, 908 Oak Forest Dr., asked about getting dug-outs for the T-Ball players and also asked about having water at the T -Ball fields for the children. Commissioner Ferring asked the City Manager to look into that situation and to get some kind of feasibility on it. Don Wilson, Parks and Recreation Director, said regarding the dug-outs - that can be addressed this year. Regarding the water at the T -Ball field - we have plans this year as one of our special projects to run water to the T -Ball field and both sides of each soccer field; fountains just like what is in the Regular Meeting City Commission April 22, 1996 95-96-14 Page 3 dog-outs now. Karen Ceci, 712 Brooks Ct., spoke about getting dug-outs for the T-Ball players and having water at the T -Ball fields. Ms. Ceci also asked about restrooms in the T -Ball field area. Ms. Ceci also thanked the Commission for the facilities at Central Winds Park. Donald Hayes, 446 Alderwood Ct. and Shawn McMullen, 444 Alderwood Ct., both spoke about a french well that is causing sink holes in their property. Mr. Lockcuff stated the problem the gentlemen are referring to is basically a storm pipe, corrugated metal that has collapsing, we are aware of the problem and will take approx. $30,000 to fix. Mr. Lockcuff stated that optimistically this could be done in about six months. Mr. Lockcuff stated that this has a ten year history; it has been dug up and patches put on top - the pipe needs to be replaced. We don't have easements from the gentlemen, which we will have to obtain as part of the job, it is a job that will have to be designed and bid. Manager McLemore stated that he has asked Kip to get the design started on it so that we can get that part done and we are going to bring to the Commission in the budget the money to do the replacement. If the Commission wants to tell me to find the money and do it as quickly as possible, if you authorize me to do that, it will be done. Discussion. Commissioner McLeod asked Mr. Hayes and Mr. McMullen if they had a problem with having an easement drawn up to do the work, to get it repaired once and for all. Hayes and McMullen motioned that they did not have a problem with having an easement drawn up as there is not a big enough easement between their properties. Discussion. Commissioner McLeod stated that he thinks this is a safety issue and said he would say find the money. Commissioner Langellotti asked why hasn't the City moved on this a little faster. Attorney Kruppenbacher said he would recommend that the Commission directs the City Manager to handle this expeditiously and when he is done, the Manager will report back to the Commission. Commissioner Conniff said to Mr. Hayes and Mr. McMullen that he would like them to work with the City Manager and we can expedite this project and get this rectified as quickly as possible. Motion was made by Commissioner ConnitT to direct the City Manager to expedite fixing this project as quickly as possible and bring back the final figures to the Commission within a reasonable time, with the cost up to $40,000 and to waive any applicable bidding based upon an emergency. Seconded by Commissioner Gennell. Discussion. Commissioner McLeod asked that the City Manager makes note to bring this back up under his seat within thirty days and advise the Commission as to where this stands. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Regular Meeting City Commission April 22, 1996 95-96-14 Page 4 Motion passes. Jim Lup, Chairman of the Commerce & Industry Development Board, and Mel Glickman member of the Commerce & Industry Development Board, reviewed with the Commission regarding the Community Map that is going to be done by the Community Map Company. Mr. Glickman stated that there will be approximately 14,000 maps (about half the population) and stated that the map will not be ready until around September. Mr. Glickman stated that at the Board's last meeting the Board discussed the photos for the map. There will be new photos for the map which will be in color. Mr. Glickman said that Mayor Bush had suggested having a contest among the elementary and middle school students for the photos with the subject being "What Represents Winter Springs", the Board was in favor of having the contest. Mr. Glickman also mentioned that on June 12, 1996, the C.I.D.B. will be hosting a Continental Breakfast for the Business community to meet the City Manager. The time will be from 7:30 a.m. until 9:00 a.m. and will be held at the Senior Center. Mr. Glickman stated that the Board intends to have a survey, that Mr. Ketteringham will work on, to get input from the businesses as to what they want from the City, their likes and dislikes are etc. Mr. Lup said following up on the mandate that the Commission gave to the C.lD.B., with regards to the Board looking into and bringing back recommendations on how the Board can improve their ability to attract good commerce to the City in the areas that are designated for those type of developments and to maintain commerce and said that these are some of the steps the Board is taking to get to that point. The board is also going to study other areas/Cities that have developed programs and such to help attract commerce in their Cities and are currently working with the City Manager in regards to that. Mayor Bush said in regards to the photo contest, he offered to give a $100 first prize out of his pocket and said maybe the Commissioners might want to set up a second and third prize for the contest winners, if not maybe we can contact some of the business people who may want to contribute money for the second and third prize winners. CONSENT AGENDA General Services Department A. Requesting Commission approval for the acceptance of improvements for public ownership and maintenance, Tusca Oaks Phase II. PURPOSE: to accept the improvements (infrastructure and retention/detention ponds within the banks only) for public ownership and maintenance. The property is located to the north of the Florida Light and Power easement and south of the Florida Power Corporation easement, bounded by Winter Springs Blvd. and Northern Way. Finance Department B. Requesting approval to change the level of accountability of purchased assets to comply with State Auditor General Chapter 10.400, Section 274.02 Florida Statutes and Section 2-192, City Code Regular Meeting City Commission April 22, 1996 95-96-14 Page 5 of Ordinances. PURPOSE: to increase the base amount of accountability for fixed asset from the current amount of $200.00 to $500.00 and to comply with Chapter 10.400 Rules of State Auditor General and Section 274.02 Florida Statutes. General Services Department C. Request Commission to consider advertising in the 100 page, special edition ( convention issue) of Quality Cities. PURPOSE: to inform the Commission of the invitation extended by the Florida League of Cities to advertise in the 100 page special edition of Quality Cities to be available at the 70th Annual Conference of the Florida League of Cities scheduled for August 8-10, 1996. Motion was made by Commissioner Ferring to accept the Consent Agenda Items A, Band C. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. INFORMATIONAL AGENDA Police Department A. Updating Commission that on May 1, 1996,2:00 p.m. there will be a joint meeting between the City, County, and School Board Staff to review alternatives for resolving traffic problem of Tuskawilla Road and Trotwood Blvd. during school hours. PURPOSE: to inform the City Commission of the May 1, 1996, meeting at 2:00 p.m. at City Hall between the County, City and School Staff to re-examine the traffic problem at the intersection of Tuskawilla Road and Trotwood Blvd. during school opening and closing hours. B. Responding to Commission regarding actions of the Code Enforcement Board over the past twelve months. PURPOSE: to respond to Commission's concerns relating to the administration of it's Code Enforcement Board. Fire Department C. Request City Commission review the results of the City of Winter Springs Employee Blood Drive. PURPOSE: to update the City Commission on the results of this activity held on Friday, April 19, 1996, from 7:00 a.m. to 3:00p.m. at City Hall. City Clerk's Department D. Updating City Commission on City Clerk's Strategic Planning Workshop which was held on April 19, 1996. PURPOSE: to inform the City Commission of the City Clerk's Strategic Planning Workshop held on April 19, 1996, to help the City Clerk in developing strategies for increasing the efficiency and effectiveness of the operations of the City Clerk's Office. Fire Chief Tim Lallathin spoke regarding the Blood Drive. Manager McLemore said he wanted to thank our Fire Chief for doing a great job in coordinating this and all the Department heads and employees, it was a really good job. Regular Meeting City Commission April 22, 1996 95-96-14 Page 6 Margo Hopkins, City Clerk spoke regarding the Clerk's Workshop. Mayor Bush said regarding Item B (Informational Agenda) regarding Code Enforcement; Mayor Bush said he didn't get the feeling that the Commission was questioning the way the Code Enforcement Board was handling cases, he (Mayor) said he felt it was the fact that maybe some of the City Codes need to be examined for their ability to bring about an expedient resolution to some of the Code violations. Manager McLemore said the purpose of this item was to get additional direction from the Commission if the Commission thinks that is necessary. Manager McLemore said he thought the concern at that time was there were cases possibly not having a final disposition at the meeting. There was discussion regarding the Code Enforcement Board's citation approach. Attorney Kruppenbacher will report back at the next meeting as he will talk to the Chief Judge. Motion was made by Commissioner Ferring to accept the Informational Agenda Items A through D. Seconded by Commissioner ConnitT. Discussion. Attorney Kruppenbacher stated that he received this past week from the Florida League of Cities what they identified as a number or ordinances from around the State to deal with any kind of nucenience or problem with a property, and said he will give those to the City Manager and can check those with our ordinances and if we need anything we can make the amendment. Manager McLemore said it would help him if he knew specific concerns of the Commission. Commissioner McLeod said he doesn't know the last time the City has reviewed the Code Enforcement regulations as a whole. Commissioner Ferring withdrew his motion; Commissioner ConnitT withdrew his second. Discussion on this item. Motion was made by Commissioner Ferring to accept the Informational Agenda Items A through D. Seconded by Commissioner ConnitT. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. REGULAR AGENDA Public Works Department A. Requesting Approval of the first reading of Ord. 617 implementing water conservation rates. PURPOSE: to authorize the first reading of Ord. 617 which implements the water conservation rate structure mandated by the St. John's River Water Management District as part of the 1995 Consumptive Use Permit: Motion was made by Commissioner ConnitT to read Ord. 617 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion Passes. Attorney Kruppenbacher read Ord. 617 by title only. Mayor Bush said for the benefit of the citizens this Ord. is going to cause your water rates to go up. Mr. Lockcuff stated only for those users of irrigation water. Mr.Lockcuff said about two years ago Regular Meeting City Commission April 22, 1996 95-96-14 Page 7 he proposed similar rates in anticipation of this requirement from S1. John's. During the permit process for the 1995 C.u.P. S1. John's looked at the rates we adopted and in addition they looked at the level of service of per capita water consumption, and they felt that the rates that had been adopted did not go far enough to encourage water conservation necessary to achieve the level of services. Our problem is inherently with irrigation water, that is why the rates are adopted to address that consumption. For someone without irrigation who uses less than 10,000 gallons a month will have no change in their rates. Weare now proposing a six tiered rate structure basically going from a 15,000 gallon increment to 5,000 gallon increments. The impact to the residents on the West System is expected to be about .34 cents a month (on average), the reason for the low number is because about 80% of the people on the west system doesn't have irrigation systems. For the East System, the increase is expected to be an average of $3 .18 per month. Mayor Bush asked that he City Manager explain the ordinance to the citizens. General Services Department B. Request Commission to give policy direction on how to address requests by the Florida League of Cities to lobby local legislators. PURPOSE: to give guidance to the City Manager on how to address requests by the Florida League of Cities to lobby local area legislators during the legislative session on local bills and state bills of local application: Discussion on this item. It was the consensus of the Commission that ifthere is an emergency request that the City Manager will contact the Commission as to the issue and will also contact the Tri-County League of Cities to lobby for the City. C. Request Commission approval ofOrd. No. 618 to vacate a portion of the Flamingo Avenue right- of-way, a planting easement and utility easement on City owned property. PURPOSE: to cure existing easement violations and to vacate existing easements and right-of-way located on City owned property which will allow more flexibility in the future use of the property. The property is located between N. Moss Road and N. Fairfax Ave. and is part of Public Works/Utility Department and Fire Station No. 24 complexes: Motion was made by Commissioner ConnitT to read Ord. 618 by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 618 by title only. D. Presenting Board of Adjustment's recommendation that the request of John Baldwin for a Special Exception to Section 20-232(a)(81) of the Code to allow a mini-mart (small convenience store, snack shop and sel-service gasoline sales) be considered a permitted use. PURPOSE: for the Commission to act upon a request ofJohnBaldwin for a Special Exception to Section 20-232(a)(81) of the Code which will allow a mini-mart on that property located on the north side of State Road 434, bounded on the east by Fairfax Ave. and on the west by Devon Ave.: Mr. LeBlanc stated that the Board of Adjustment met on this request March 21, 1996, and their recommendation is that this be a permitted use under subparagraph 81. Regular Meeting City Commission April 22, 1996 95-96-14 Page 8 Mr. LeBlanc stated that he had three comments regarding this request, Ms. Cindy Kaehler telephoned and voiced approval providing there be ample landscaping, this was conveyed to the Board of Adjustment. On March 7, 1996, there was suppose to be a Board of Adjustment meeting to hear this request, but due to lack ofa quorum the meeting was rescheduled to March 21, 1996. At the March 7th meeting were Jim and Annette Wade, 11 N. Devon (directly behind the project) and Nick Lewis, 21 N. Devon; everyone basically said they were in agreement except that there be ample landscaping and trees if possible. Mr. Baldwin agreed to at the date of March 7th, it wasn't on tape but Mr. Baldwin talked to the Wades and Mr. Lewis. Mr. LeBlanc stated that Mr. Baldwin was unable to be here tonight but Mr. Bill Morrison is present representing Mr. Baldwin if there are any questions. Mr. LeBlanc stated that this type use is becoming more nationwide. Commissioner Ferring said in Mr. LeBlanc's report it states that in the motion on this (if approved) the Commission should substitute Site Plan instead of Building Permit. Mr. LeBlanc said that is correct, because of the Special Exception, this project will need a Site Plan approval before a building permit is issued. Commissioner Ferring said he understands that the owner of the property is willing to do what has to be done as far as landscaping; Commissioner Ferring said the B.O.A. has approved this, Staffhas approved this with the caveat what we substitute Site Plan instead of Building Permit, and said that satisfies him. Manager McLemore said he would be more comfortable that when the motion is made if the motion incorporated the condition for extra ordinary landscaping. Commissioner Gennell asked about rear setbacks. Mr. LeBlanc stated that there is no rear setback addressed in C-l zoning, there would be 15 feet on the front side; if the owner chooses to have rear setbacks, there needs to be enough to maintain it. Commissioner Gennell said her concern goes to the residential units behind the proposed project, and said she would like to see some buffer in the back. Mr. LeBlanc said there will be a wall. Commissioner Gennell said she would like to have more than a wall because we don't want to make the area worse with just a concrete wall; Commissioner Gennell said she wants to protect the residential area behind there from having just a concrete wall. Mr. Morrison said he has a problem with the term "extra ordinary", he said he doesn't know how to define extraordinary unless it is defined in the Code somehow; extraordinary can be totally exclusive and could essentially make the property so that you couldn't improve it. Mr. Morrison said he is not sure that this is actually a Special Exception as much it is a permitted use within your ordinance. The City has provision for exactly the use that is presented, and said he thinks the restrictions come in when we make application for Site Plan approval and building permit, based upon that you can either say we can or can not do what is within the permitted use of your ordinance. If your permitted use says we can do it then all the Commission has to do is say yes we can do it but only can do it "this" way and said that is a topic to be addressed at that time and not necessarily at this time. Mr. Morrison said he thinks the Commission is trying to prejudge the restrictions on the permitted use. Regular Meeting City Commission April 22, 1996 95-96-14 Page 9 Manager McLemore said his recommendation to the Commission stands to stipulate extraordinary landscaping that will go into a master plan or site development plan that he believes comes back to the Commission for review. The Commission will have the opportunity at that time to see if Staff has taken too many cautions with this project or not. Manager McLemore said Staff will probably require the developer to plan things that they wouldn't normally have to plant. Mr. Morrison said Mr. Baldwin will be very cooperative. Mr. LeBlanc said item number 7, on page 4, under Findings, in that if the overlay district that is being planned for that area is in effect at Site Plan submission, this Site Plan will fall under that. Motion was made by Commissioner Ferring to accept the Board of Adjustment's recommendation that the request of John Baldwin for a Special Exception to Section 20- 232(a)(81) of the Code to allow a mini-mart, small convenience store/snack shop, and self service gasoline sales to be considered a permitted use with the caveats that where application for a permit is required it be substituted for Site Plan and that in the Site Plan review there will be extraordinary landscaping included in that particular plan. Seconded by Commissioner ConnitT. Discussion. Commissioner Gennell asked if this was for a six month period. Mr. LeBlanc said the six month period will commence tonight and there is a stipulation for an extension for one additional period of six months. Mr. Morrison asked if that was six months to submit a site plan; the answer was yes. Mr. Morrison said if this is a permitted use, he thought it was longer than six months. Mr. LeBlanc stated that he has listened to the B.O.A. and they wanted to find this a permitted use, Mr. LeBlanc said he does not believe the B.O.A. has that prerogative, Mr. LeBlanc said the Code would have to be changed to make this an 82nd use within the Code; if that is the Commission's desire he could write an ordinance to make it a permitted use and it would not have to come before the Commission again. Commissioner Gennell said her understanding of the motion was that this is a six month permit that is renewable one time. Manager McLemore said what has been raised is a legal issue, over and beyond the policy issues involved and said he suggests the Commission goes ahead with the motion and the City Attorney and he will review this and if we find that this is a permitted use then we'll bring it back to the Commission at the next meeting. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. E. Request Commission consider establishment of a Study Committee to explore the feasibility of organizing a community fund raising event involving local organizations .PURPOSE: to determine the feasibility of local community organizations and the City working together in a partnership to organize a community fund raising event to raise money for local charities and worthy community proiects as an alternative to direct donations from the City through tax dollars: Discussion on this item. Attorney Kruppenbacher will review this item from a legal standpoint before the Commission acts upon it. Motion was made by Commissioner ConnitT to table this item. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Regular Meeting City Commission April 22, 1996 95-96-14 Page 10 Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. F. Requests the Commission to consider authorizing City Staff to participate in the Kenny Rogers Roasters "love your neighbor" rib-a-thon day event for charity, to approve a Proclamation proclaiming May 4,1 996, Kenny Rogers Roasters "love your neighbor" rib-a-thon day, and designate the charity to receive the meal donations from Kenny Rogers Roasters Restaurant. PURPOSE: to have the Commission consider authorizing City Staff to participate in the above referenced event, to approve a proclamation memorializing the event, and to designate the charity to receive the meal donations from the sponsor: Manager McLemore stated ifit is the Commission's desire for the employees to do this for charity we are more than happy. Commissioner McLeod said he suggests that the employees who are participating sign a waiver for the City that if they choke, the City is not responsible. Commissioner Ferring stated that the winning team should pick the charity the meals would go to. Attorney Kruppenbacher said he would write a waiver for the employees who are participating to SIgn. Motion was made by Commissioner ConnitT to approve the Proclamation proclaiming May 4, 1996 as Kenny Rogers Roasters "love your neighbor" Rib-A-Thon day. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye. Motion passes. Mayor Bush stated it is understood that the City Attorney will write a "rib waiver" on this and the participants will decide who will receive the meals. Public Works Department G. Request approval of the City Manager's letter of objection to Altamonte Springs Permit Application to discharge Stormwater into the Gee Creek Basin. PURPOSE: to authorize the City Manager to file a Letter of Objection with the St. John's River Water management District to the City of Altamonte Springs permit application for the discharge of stormwater from Lake Orienta into the Gee Creek basin: Mr. Lockcuff stated that the City became aware of this late last week that this permit application will be considered by the St. John's Board at their May 14th meeting (one day after the next Commission meeting). The City of Altamonte Springs has a flooding problem at Lake Orient a, which is a semi- land locked basin, it has no positive outfall. Altamonte Springs has two drainage wells which they control the water elevations in the lake, which has been unable to keep up with the volume coming into the lake over the past two years. Altamonte Springs has considered a couple of proposals to rectify that problem; the first considered was a pump station discharging into the Wekiva River Basin at which Lake Orienta is part of; the Friends of the Wekiva disagreed with them so Altamonte Springs gave up on that and are now proposing to discharge that water into the Gee Creek Basin. Basically . Regular Meeting City Commission April 22, 1996 95-96-14 Page 11 they would pump it eastward from Lake Orienta to Prairie Lake and from there to Fairy Lake and then the Casselberry chain of lakes, primarily Lake Katherine. Lake Katherine is the head waters of Gee Creek. Our concerns are two fold, I don't believe it is good policy to correct a flooding problem in one basin by diverting that flow to another basin; also my instincts that the level at which Altamonte is proposing to pump, which is about two million gallons per day over November 1 st to April 30th period which could be up to 300 million gallons would cause the lakes in Casselberry to be maintained artificially high which would reduce the storage volume, which would mean when the rainy season arrives we would have water discharging into our system at a much earlier time than normally would occur. What we are recommending is that we file a letter of objection with the District, conditional on withdrawing that objection if they would agree to correct the numerous deficiencies along Gee Creek to a level of service "C" for the 25 year storm event. The level of service "C" means there is some indentation of the roadway however the road will still be passable. Currently Moss, Hayes, Shore and Alton do not meet that level of service "C" in addition the Hacienda Village area would experience some flooding under the current conditions. Discussion. Motion was made by Commissioner ConnitT to authorize the City Manager to send a letter of objection to the St. John's River Water Management District. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. City Attorney - Frank Kruppenbacher: No Report. City Manager - Ronald W. McLemore: Manager McLemore asked for a Special Meeting for a policy issue regarding the pension plan and the budget. Discussion. A special meeting was called for on April 30, 1996 at 7:00 p.m. Commission Seat IV - Cindy Gennell: No Report. Commission Seat V - David McLeod: No Report. Commission Seat I - Larry Conniff: Commissioner Conniff asked about the Artists and their displaying their work in City Hall. Don Wilson, Parks and Recreation Director stated that there are issues that the City Manager and he are looking into. Commissioner Conniff mentioned that Indian Trails Middle School students were holding a function regarding the 41 different nations and wanted to congratulate them but stated his call was never returned. Regular Meeting City Commission April 22, 1996 95-96-14 Page 12 Commission Seat II - John Ferring: Commissioner Ferring suggested having a note book (or something to that effect) to hold the Commission packets so that the public can look through and see just what the Commission gets for the meetings. Commissioner Ferring also mentioned having that for the other Boards in the City. Motion was made by Commissioner Ferring to make a packet available in the lobby for residents viewing for all future meetings during normal business hours. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Conniff: nay; Commissioner Ferring: aye; Commissioner McLeod: nay; Commissioner Gennell: aye. Motion passes. Commission Seat III - John Langellotti: Commissioner Langellotti asked if the problem with the Little League has been settled. Mr. Wilson stated that he is meeting with the Little League on April 23, 1996. Mayor's Office - John F. Bush: No Report. The meeting adjourned at 9:55 p.m. Respectfully Submitted, ~1o~~ City Clerk APPROVED: REGULAR MEETING CITY COMMISSION APRIL 22, 1996 The Regular Meeting of the City Commission of April 22, 1996, was called to order by Mayor John F. Bush at 7:30 p.m. ROLL CALL Mayor John F. Bush, present Deputy Mayor John Ferring, present City Manager Ronald W. McLemore, present City Attorney Frank Kruppenbacher, present COMMISSIONERS: Larry Conniff, present John Langellotti, present Cindy Gennell, present David McLeod, present For the invocation Mayor Bush asked for a moment of silent prayer. Manager McLemore stated the agenda changes: Informational Agenda: Fire Department - Item C _ Update on the Blood Drive~ City Clerk's Department - Item D - update on the City Clerk's Strategic Planning Workshop. Regular Agenda: Public WorkslUtility Department - Item G - an emergency item regarding a proposal from Altamonte Springs relative to using Gee Creek for stormwater discharge. Approval of Minutes of April 8. 1996: Mayor Bush asked if there were any additions or corrections to the minutes of April 8, 1996. Commissioner Ferring mentioned that on page nine, fourth paragraph, line seven, the word "refuse" should be "refuge". Motion was made' by Commissioner Conniff to approve the minutes of April 8, 1996 as amended. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye~ Commissioner Ferring: aye; Commissioner Langellotti: aye~ Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mayor Bush stated that this evening at 5:30 p.m. the City dedicated the Winter Springs Public Safety Building~ Resolution 779 was read designating this building the John Govoruhk PubUc Safety Building. Motion was made by Commissioner Conniff to approve Resolution 779. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff aye. Motion passes. Mayor Bush read Resolution No. 779 and stated that Mr. Govoruhk gave a short talk on the history of the City since his (Govoruhk) involvement. PUBLIC INPUT Rudy Werlink, 749 Sybilwood Cr., spoke regarding Trotwood Park and the fencing project and also about Lake Tuscawilla. Mr. Werlink stated that he is a voluntary Chairman of the Trotwood Park and said they want to see the park left natural, see maintenance performed and want to see environmental responsible things done to the park. Mr. Werlink also stated that they want to see Lake Tuscawilla restored. Discussion. Manager McLemore stated that the City hears the objections and is taking it sincerely and will try to work with the residents there to come up with a plan that makes sense to everyone. The Lake is principally a retention drainage type facility and our first obligation is to make sure it functions that way so that it doesn't hurt other people. Beyond that point, we are open to try to work with the community to do everything we can to keep the ambiance of it and the natural features of it as good as we can make it. Kip Lockcuff, Public WorkslUtility Director, stated that the Lake is a retention pond in the way that it functions. From the USGS quads from 1958, that area was a depressional wetlands that appears to him that had been dredged (probably for fill). There is an outfall ditch from it with a control structure towards Sybilwood and there is two or three pipes also going into that, which we really have no alternative to diverting that. The project we are undertaking as far as the clearing came about around 1994, there were complaints about hydrilla in the lake and poor fishing, at that time we put the lake under contract with our pond manager, Lake Manager Aquatic Biologist, and they have been treating the hydriUa about two years. As part of that we have added grass carp to make a more organic approach to vegetation control. Mr. Lockcuff stated that there were concerns about accessability for fishing other than the dock, and he talked with the City Manager (at that time) about creating additional access points along the shore and the Manager and Mr. Wilson and he discussed that and agreed that it would be good to approximately clear a third of the lake shore from the dock to the outfall drainage ditch, which would improve the fishing capabilities and solve any blockage of the drainage ditch for stormwater. We asked the lake manager last fall as part of their monthly spraying program to start knocking back the cat-tails along that shore line. We have no intention of continuing further along the shore line. In discussion with the Game and Fresh Water Fish Commission, their suggestion was to take all the cat-tails out and replace them with bull rush, pickerel weed and some other type of vegetation. I think that will be a good future project, but we have no plans or funding for that at the present time. Basically we have cleared as far as we are going to clear. Manager McLemore stated that he feels the City can accommodate everybody's concerns, both the functional needs of the lake to act as a drainage facility and to try to maintain as much natural life in the lake as we can, we are anxious to work with the neighbors to do that. We will be happy to sit down and work out a plan to accommodate both goals. Janice Romano, 908 Oak Forest Dr., asked about getting dug-outs for the T-Ball players and also asked about having water at the T -Ball fields for the children. Commissioner Ferring asked the City Manager to look into that situation and to get some kind of feasibility on it. Don Wilson, Parks and Recreation Director, said regarding the dug-outs - that can be addressed this year. Regarding the water at the T -Ball field - we have plans this year as one of our special projects to run water to the T -Ball field and both sides of each soccer field; fountains just like what is in the Regular Meeting City Commission April 22, 1996 95-96-14 Page 3 dog-outs now. Karen Ceci, 712 Brooks Ct., spoke about getting dug-outs for the T-Ball players and having water at the T -Ball fields. Ms. Ceci also asked about restrooms in the T -Ball field area. Ms. Ceci also thanked the Commission for the facilities at Central Winds Park. Donald Hayes, 446 Alderwood Ct . and Shawn McMullen, 444 Alderwood Ct., both spoke about a french well that is causing sink holes in their property. Mr. Lockcuff stated the problem the gentlemen are referring to is basically a storm pipe, corrugated metal that has collapsing, we are aware of the problem and will take approx. $30,000 to fix. Mr. Lockcuff stated that optimistically this could be done in about six months. Mr. Lockcuff stated that this has a ten year history~ it has been dug up and patches put on top - the pipe needs to be replaced. We don't have easements from the gentlemen, which we will have to obtain as part of the job, it is a job that will have to be designed and bid. Manager McLemore stated that he has asked Kip to get the design started on it so that we can get that part done and we are going to bring to the Commission in the budget the money to do the replacement. If the Commission wants to tell me to find the money and do it as quickly as possible, if you authorize me to do that, it will be done. Discussion. Commissioner McLeod asked Mr. Hayes and Mr. McMullen if they had a problem with having an easement drawn up to do the work, to get it repaired once and for all. Hayes and McMullen motioned that they did not have a problem with having an easement drawn up as there is not a big enough easement between their properties. Discussion. Commissioner McLeod stated that he thinks this is a safety issue and said he would say find the money. Commissioner Langellotti asked why hasn't the City moved on this a little faster. Attorney Kruppenbacher said he would recommend that the Commission directs the City Manager to handle this expeditiously and when he is done, the Manager will report back to the Commission. Commissioner Conniff said to Mr. Hayes and Mr. McMullen that he would like them to work with the City Manager and we can expedite this project and get this rectified as quickly as possible. Motion was made by Commissioner Conniff to direct the City Manager to expedite fixing this project as quickly as possible and bring back the final figures to the Commission within a reasonable time, with the cost up to $40,000 and to waive any applicable bidding based upon an emergency. Seconded by Commissioner Gennell. Discussion. Commissioner McLeod asked that the City Manager makes note to bring this back up under his seat within thirty days and advise the Commission as to where this stands. Vote: Commissioner Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye. Regular Meeting City Commission April 22, 1996 95-96-14 Page 4 Motion passes. Jim Lup, Chairman of the Commerce & Industry Development Board, and Mel Glickman member of the Commerce & Industry Development Board, reviewed with the Commission regarding the Community Map that is going to be done by the Community Map Company. Mr. Glickman stated that there will be approximately 14,000 maps (about half the population) and stated that the map will not be ready until around September. Mr. Glickman stated that at the Board's last meeting the Board discussed the photos for the map. There will be new photos for the map which will be in color. Mr. Glickman said that Mayor Bush had suggested having a contest among the elementary and middle school students for the photos with the subject being "What Represents Winter Springs", the Board was in favor of having the contest. Mr. Glickman also mentioned that on June 12, 1996, the C.I.D.B. will be hosting a Continental Breakfast for the Business community to meet the City Manager. The time will be from 7:30 a.m. until 9:00 a.m. and will be held at the Senior Center. Mr. Glickman stated that the Board intends to have a survey, that Mr. Ketteringham will work on, to get input from the businesses as to what they want from the City, their likes and dislikes are etc. Mr. Lup said following up on the mandate that the Commission gave to the C.I.D.B., with regards to the Board looking into and bringing back recommendations on how the Board can improve their ability to attract good commerce to the City in the areas that are designated for those type of developments and to maintain commerce and said that these are some of the steps the Board is taking to get to that point. The board is also going to study other areas/Cities that have developed programs and such to help attract commerce in their Cities and are currently working with the City Manager in regards to that. Mayor Bush said in regards to the photo contest, he offered to give a $100 first prize out of his pocket and said maybe the Commissioners might want to set up a second and third prize for the contest winners, if not maybe we can contact some of the business people who may want to contribute money for the second and third prize winners. CONSENT AGENDA General Services Department A Requesting Commission approval for the acceptance of improvements for public ownership and maintenance, Tusca Oaks Phase II. PURPOSE: to accept the improvements (infrastructure and retention/detention ponds within the banks only) for public ownership and maintenance. The property is located to the north of the Florida Light and Power easement and south of the Florida Power Corporation easement, bounded by Winter Springs Blvd. and Northern Way. Finance Department B. Requesting approval to change the level of accountability of purchased assets to comply with State Auditor General Chapter 10.400, Section 274.02 Florida Statutes and Section 2-192, City Code Regular Meeting City Commission April 22, 1996 95-96-14 Page 5 of Ordinances. PURPOSE: to increase the base amount of accountability for fixed asset from the current amount of $200.00 to $500.00 and to comply with Chapter 10.400 Rules of State Auditor General and Section 274.02 Florida Statutes. General Services Department C. Request Commission to consider advertising in the 100 page, special edition (convention issue) of Quality Cities. PURPOSE: to inform the Commission of the invitation extended by the Florida League of Cities to advertise in the 100 page special edition of Quality Cities to be available at the 70th Annual Conference of the Florida League of Cities scheduled for August 8-10, 1996. Motion was made by Commissioner Ferring to accept the Consent Agenda Items A, Band C. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner McLeod: aye~ Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. INFORMATIONAL AGENDA Police Department A. Updating Commission that on May 1, 1996,2:00 p.m. there will be a joint meeting between the City, County, and School Board Staff to review alternatives for resolving traffic problem of Tuskawilla Road and Trotwood Blvd. during school hours. PURPOSE: to inform the City Commission of the May 1, 1996, meeting at 2:00 p.m. at City Hall between the County, City and School Staff to re-examine the traffic problem at the intersection ofTuskawilla Road and Trotwood Blvd. during school opening and closing hours. B. Responding to Commission regarding actions of the Code Enforcement Board over the past twelve months. PURPOSE: to respond to Commission's concerns relating to the administration of it's Code Enforcement Board. Fire Department C. Request City Commission review the results of the City of Winter Springs Employee Blood Drive. PURPOSE: to update the City Commission on the results of this activity held on Friday, April 19, 1996, from 7:00 a.m. to 3:00p.m. at City Hall. City Clerk's Department D. Updating City Commission on City Clerk's Strategic Planning Workshop which was held on April 19, 1996. PURPOSE: to inform the City Commission of the City Clerk's Strategic Planning Workshop held on April 19, 1996, to help the City Clerk in developing strategies for increasing the efficiency and effectiveness of the operations of the City Clerk's Office. Fire Chief Tim Lallathin spoke regarding the Blood Drive. Manager McLemore said he wanted to thank our Fire Chief for doing a great job in coordinating this and all the Department heads and employees, it was a really good job. Regular Meeting City Commission April 22, 1996 95-96-14 Page 6 Margo Hopkins, City Clerk spoke regarding the Clerk's Workshop. Mayor Bush said regarding Item B (Informational Agenda) regarding Code Enforcement~ Mayor Bush said he didn't get the feeling that the Commission was questioning the way the Code Enforcement Board was handling cases, he (Mayor) said he felt it was the fact that maybe some of the City Codes need to be examined for their ability to bring about an expedient resolution to some of the Code violations. Manager McLemore said the purpose of this item was to get additional direction from the Commission if the Commission thinks that is necessary. Manager McLemore said he thought the concern at that time was there were cases possibly not having a final disposition at the meeting. There was discussion regarding the Code Enforcement Board's citation approach. Attorney Kruppenbacher will report back at the next meeting as he will talk to the Chief Judge. Motion was made by Commissioner Ferring to accept the Informational Agenda Items A through D. Seconded by Commissioner Conniff. Discussion. Attorney Kruppenbacher stated that he received this past week from the Florida League of Cities what they identified as a number or ordinances from around the State to deal with any kind of nucenience or problem with a property, and said he will give those to the City Manager and can check those with our ordinances and if we need anything we can make the amendment. Manager McLemore said it would help him ifhe knew specific concerns of the Commission. Commissioner McLeod said he doesn't know the last time the City has reviewed the Code Enforcement regulations as a whole. Commissioner Ferring withdrew his motion; Commissioner Conniff withdrew his second. Discussion on this item. Motion was made by Commissioner Ferring to accept the Informational Agenda Items A through D. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Ferring: aye~ Commissioner Conniff: aye~ Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. REGULAR AGENDA Public Works Department A. Requesting Approval of the first reading of Ord. 617 implementing water conservation rates. PURPOSE: to authorize the first reading of Ord. 617 which implements the water conservation rate structure mandated by the St. John's River Water Management District as part of the 1995 Consumptive Use Permit: Motion was made by Commissioner Conniff to read Ord. 617 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye~ Commissioner Langellotti: aye~ Commissioner McLeod: aye~ Commissioner Ferring: aye~ Commissioner Conniff: aye. Motion Passes. Attorney Kruppenbacher read Ord. 617 by title only. Mayor Bush said for the benefit of the citizens this Ord. is going to cause your water rates to go up. Mr. Lockcuff stated only for those users of irrigation water. Mr.Lockcuff said about two years ago Regular Meeting City Commission April 22, 1996 95-96-14 Page 7 he proposed similar rates in anticipation of this requirement from St. John's. During the permit process for the 1995 C.u.P. St. John's looked at the rates we adopted and in addition they looked at the level of service of per capita water consumption, and they felt that the rates that had been adopted did not go far enough to encourage water conservation necessary to achieve the level of services. Our problem is inherently with irrigation water, that is why the rates are adopted to address that consumption. For someone without irrigation who uses less than 10,000 gallons a month will have no change in their rates. We are now proposing a six tiered rate structure basically going from a 15,000 gallon increment to 5,000 gallon increments. The impact to the residents on the West System is expected to be about .34 cents a month (on average), the reason for the low number is because about 80% of the people on the west system doesn't have irrigation systems. For the East System, the increase is expected to be an average of $3 .18 per month. Mayor Bush asked that he City Manager explain the ordinance to the citizens. General Services Department B. Request Commission to give policy direction on how to address requests by the Florida League of Cities to lobby local legislators. PURPOSE: to give guidance to the City Manager on how to address requests by the Florida League of Cities to lobby local area legislators during the legislative session on local bills and state bills of local application: Discussion on this item. It was the consensus of the Commission that ifthere is an emergency request that the City Manager will contact the Commission as to the issue and will also contact the Tri-County League of Cities to lobby for the City. C. Request Commission approval ofOrd. No. 618 to vacate a portion of the Flamingo Avenue right- of-way, a planting easement and utility easement on City owned property. PURPOSE: to cure existing easement violations and to vacate existing easements and right-of-way located on City owned property which will allow more flexibility in the future use of the property. The property is located between N. Moss Road and N. Fairfax Ave. and is part of Public WorkslUtility Department and Fire Station No. 24 complexes: Motion was made by Commissioner Conniff to read Ord. 618 by title only. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye~ Commissioner Ferring: aye~ Commissioner Gennell: aye~ Commissioner Langellotti: aye. Motion passes. Attorney Kruppenbacher read Ord. 618 by title only. D. Presenting Board of Adjustment's recommendation that the request of John Baldwin for a Special Exception to Section 20-232(a)(81) of the Code to allow a mini-mart (small convenience store, snack shop and sel-service gasoline sales) be considered a permitted use. PURPOSE: for the Commission to act upon a request ofJohnBaldwin for a Special Exception to Section 20-232(a)(81) of the Code which will allow a mini-mart on that property located on the north side of State Road 434, bounded on the east by Fairfax Ave. and on the west by Devon Ave.: Mr. LeBlanc stated that the Board of Adjustment met on this request March 21, 1996, and their recommendation is that this be a permitted use under subparagraph 81. Regular Meeting City Commission April 22, 1996 95-96-14 Page 8 Mr. LeBlanc stated that he had three comments regarding this request, Ms. Cindy Kaehler telephoned and voiced approval providing there be ample landscaping, this was conveyed to the Board of Adjustment. On March 7, 1996, there was suppose to be a Board of Adjustment meeting to hear this request, but due to lack ofa quorum the meeting was rescheduled to March 21, 1996. At the March 7th meeting were Jim and Annette Wade, 11 N. Devon (directly behind the project) and Nick Lewis, 21 N. Devon; everyone basically said they were in agreement except that there be ample landscaping and trees if possible. Mr. Baldwin agreed to at the date of March 7th, it wasn't on tape but Mr. Baldwin talked to the Wades and Mr. Lewis. Mr. LeBlanc stated that Mr. Baldwin was unable to be here tonight but Mr. Bill Morrison is present representing Mr. Baldwin if there are any questions. Mr. LeBlanc stated that this type use is becoming more nationwide. Commissioner Ferring said in Mr. LeBlanc's report it states that in the motion on this (if approved) the Commission should substitute Site Plan instead of Building Permit. Mr. LeBlanc said that is correct, because of the Special Exception, this project will need a Site Plan approval before a building permit is issued. Commissioner Ferring said he understands that the owner of the property is willing to do what has to be done as far as landscaping~ Commissioner Ferring said the B.O.A. has approved this, Staffhas approved this with the caveat what we substitute Site Plan instead of Building Permit, and said that satisfies him. Manager McLemore said he would be more comfortable that when the motion is made if the motion incorporated the condition for extra ordinary landscaping. Commissioner Gennell asked about rear setbacks. Mr. LeBlanc stated that there is no rear setback addressed in C-l zoning, there would be 15 feet on the front side; if the owner chooses to have rear setbacks, there needs to be enough to maintain it. Commissioner Gennell said her concern goes to the residential units behind the proposed project, and said she would like to see some buffer in the back. Mr.LeBlanc said there will be a wall. Commissioner Gennell said she would like to have more than a wall because we don't want to make the area worse with just a concrete wall~ Commissioner Gennell said she wants to protect the residential area behind there from having just a concrete wall. Mr. Morrison said he has a problem with the term "extra ordinary", he said he doesn't know how to define extraordinary unless it is defined in the Code somehow; extraordinary can be totally exclusive and could essentially make the property so that you couldn't improve it. Mr. Morrison said he is not sure that this is actually a Special Exception as much it is a permitted use within your ordinance. The City has provision for exactly the use that is presented, and said he thinks the restrictions come in when we make application for Site Plan approval and building permit, based upon that you can either say we can or can not do what is within the permitted use of your ordinance. If your permitted use says we can do it then all the Commission has to do is say yes we can do it but only can do it "this" way and said that is a topic to be addressed at that time and not necessarily at this time. Mr. Morrison said he thinks the Commission is trying to prejudge the restrictions on the permitted use. Regular Meeting City Commission April 22, 1996 95-96-14 Page 9 Manager McLemore said his recommendation to the Commission stands to stipulate extraordinary landscaping that will go into a master plan or site development plan that he believes comes back to the Commission for review. The Commission will have the opportunity at that time to see if Staff has taken too many cautions with this project or not. Manager McLemore said Staff will probably require the developer to plan things that they wouldn't normally have to plant. Mr. Morrison said Mr. Baldwin will be very cooperative. Mr. LeBlanc said item number 7, on page 4, under Findings, in that if the overlay district that is being planned for that area is in effect at Site Plan submission, this Site Plan will fall under that. Motion was made by Commissioner Ferring to accept the Board of Adjustment's recommendation that the request of John Baldwin for a Special Exception to Section 20- 232(a)(81) of the Code to allow a mini-mart, small convenience store/snack shop, and self service gasoline sales to be considered a permitted use with the caveats that where application for a permit is required it be substituted for Site Plan and that in the Site Plan review there will be extraordinary landscaping included in that particular plan. Seconded by Commissioner Conniff. Discussion. Commissioner Gennell asked if this was for a six month period. Mr. LeBlanc said the six month period will commence tonight and there is a stipulation for an extension for one additional period of six months. Mr. Morrison asked if that was six months to submit a site pl~ the answer was yes. Mr. Morrison said if this is a permitted use, he thought it was longer than six months. Mr. LeBlanc stated that he has listened to the B.O.A. and they wanted to find this a permitted use, Mr. LeBlanc said he does not believe the B.O.A. has that prerogative, Mr. LeBlanc said the Code would have to be changed to make this an 82nd use within the Code~ if that is the Commission's desire he could write an ordinance to make it a permitted use and it would not have to come before the Commission again. Commissioner Gennell said her understanding of the motion was that this is a six month permit that is renewable one time. Manager McLemore said what has been raised is a legal issue, over and beyond the policy issues involved and said he suggests the Commission goes ahead with the motion and the City Attorney and he will review this and if we find that this is a permitted use then we'll bring it back to the Commission at the next meeting. Vote: Commissioner Ferring: aye~ Commissioner Conniff: aye; Commissioner Langellotti: aye~ Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. E. Request Commission consider establishment of a Study Committee to explore the feasibility of organizing a community fund raising event involving local organizations .PURPOSE: to determine the feasibility of local community organizations and the City working together in a partnership to organize a community fund raising event to raise money for local charities and worthy community proiects as an alternative to direct donations from the City through tax dollars: Discussion on this item. Attorney Kruppenbacher will review this item from a legal standpoint before the Commission acts upon it. Motion was made by Commissioner Conniff to table this item. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye~ Commissioner Ferring: aye~ Commissioner Regular Meeting City Commission April 22, 1996 95-96-14 Page 10 Langellotti: aye~ Commissioner Gennell: aye~ Commissioner McLeod: aye. Motion passes. F. Requests the Commission to consider authorizing City Staff to participate in the Kenny Rogers Roasters "love your neighbor" rib-a-thon day event for charity, to approve a Proclamation proclaiming May 4,1 996, Kenny Rogers Roasters "love your neighbor" rib-a-thon day, and designate the charity to receive the meal donations from Kenny Rogers Roasters Restaurant. PURPOSE: to have the Commission consider authorizing City Staff to participate in the above referenced event, to approve a proclamation memorializing the event, and to designate the charity to receive the meal donations from the sponsor: Manager McLemore stated ifit is the Commission's desire for the employees to do this for charity we are more than happy. Commissioner McLeod said he suggests that the employees who are participating sign a waiver for the City that if they choke, the City is not responsible. Commissioner Ferring stated that the winning team should pick the charity the meals would go to. Attorney Kruppenbacher said he would write a waiver for the employees who are participating to SIgn. Motion was made by Commissioner Conniff to approve the Proclamation proclaiming May 4, 1996 as Kenny Rogers Roasters "love your neighbor" Rib-A-Thon day. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye~ Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Conniff: aye. Motion passes. Mayor Bush stated it is understood that the City Attorney will write a "rib waiver" on this and the participants will decide who will receive the meals. Public Works Department G. Request approval of the City Manager's letter of objection to Altamonte Springs Permit Application to discharge Stormwater into the Gee Creek Basin. PURPOSE: to authorize the City Manager to file a Letter of Objection with the St. John's River Water management District to the City of Altamonte Springs permit application for the discharge of stormwater from Lake Orienta into the Gee Creek basin: Mr. Lockcuff stated that the City became aware of this late last week that this permit application will be considered by the St. John's Board at their May 14th meeting (one day after the next Commission meeting). The City of Altamonte Springs has a flooding problem at Lake Orienta, which is a semi- land locked basin, it has no positive outfall. Altamonte Springs has two drainage wells which they control the water elevations in the lake, which has been unable to keep up with the volume coming into the lake over the past two years. Altamonte Springs has considered a couple of proposals to rectify that problem~ the first considered was a pump station discharging into the Wekiva River Basin at which Lake Orienta is part of; the Friends of the Wekiva disagreed with them so Altamonte Springs gave up on that and are now proposing to discharge that water into the Gee Creek Basin. Basically . Regular Meeting City Commission April 22, 1996 95-96-14 Page 11 they would pump it eastward from Lake Orienta to Prairie Lake and from there to Fairy Lake and then the Casselberry chain of lakes, primarily Lake Katherine. Lake Katherine is the head waters of Gee Creek. Our concerns are two fold, I don't believe it is good policy to correct a flooding problem in one basin by diverting that flow to another basin; also my instincts that the level at which Altamonte is proposing to pump, which is about two million gallons per day over November 1 st to April 30th period which could be up to 300 million gallons would cause the lakes in Casselberry to be maintained artificially high which would reduce the storage volume, which would mean when the rainy season arrives we would have water discharging into our system at a much earlier time than normally would occur. What we are recommending is that we file a letter of objection with the District, conditional on withdrawing that objection if they would agree to correct the numerous deficiencies along Gee Creek to a level of service "C" for the 25 year storm event. The level of service "C" means there is some indentation of the roadway however the road will still be passable. Currently Moss, Hayes, Shore and Alton do not meet that level of service "C" in addition the Hacienda Village area would experience some flooding under the current conditions. Discussion. Motion was made by Commissioner Conniff to authorize the City Manager to send a letter of objection to the St. John's River Water Management District. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye~ Commissioner Langellotti: aye~ Commissioner Ferring: aye~ Commissioner Conniff: aye. Motion passes. City Attorney - Frank Kruppenbacher: No Report. City Manager - Ronald W. McLemore: Manager McLemore asked for a Special Meeting for a policy issue regarding the pension plan and the budget. Discussion. A special meeting was called for on April 30, 1996 at 7:00 p.m. Commission Seat IV - Cindy Gennell: No Report. Commission Seat V - David McLeod: No Report. Commission Seat I - Larry Conniff: Commissioner Conniff asked about the Artists and their displaying their work in City Hall. Don Wilson, Parks and Recreation Director stated that there are issues that the City Manager and he are looking into. Commissioner Conniff mentioned that Indian Trails Middle School students were holding a function regarding the 41 different nations and wanted to congratulate them but stated his call was never returned. Regular Meeting City Commission April 22, 1996 95-96-14 Page 12 Commission Seat II - John Ferring: Commissioner Ferring suggested having a note book (or something to that effect) to hold the Commission packets so that the public can look through and see just what the Commission gets for the meetings. Commissioner Ferring also mentioned having that for the other Boards in the City. Motion was made by Commissioner Ferring to make a packet available in the lobby for residents viewing for all future meetings during normal business hours. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Langellotti: aye~ Commissioner Conniff: nay~ Commissioner Ferring: aye~ Commissioner McLeod: nay~ Commissioner Gennell: aye. Motion passes. Commission Seat ill - John Langellotti: Commissioner Langellotti asked if the problem with the Little League has been settled. Mr. Wilson stated that he is meeting with the Little League on April 23, 1996. Mayor's Office - John F. Bush: No Report. The meeting adjourned at 9:55 p.m. Respectfully Submitted, =1;p~ City Clerk APPROVED: