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HomeMy WebLinkAbout1995 08 28 City Commission Regular Minutes REGULAR MEETING CITY COMMISSION AUGUST 28, 1995 The Regular Meeting of the City Commission of the City of Winter Springs was called to order by Mayor John F. Bush at 7:30 p.m. ROLL CALL: Mayor John F. Bush, present Deputy Mayor John Langellotti, present City Manager John Govoruhk, present City Attorney Frank Kruppenbacher, absent Attorney Tom Lang, present COMMISSIONERS: Larry Conniff, present John Ferring, present Cindy Gennell, present David McLeod, present For the invocation Mayor Bush asked for a moment of silent prayer. Approval of Minutes of August 14. 1995: Mayor Bush asked if there were any additions or corrections to the minutes of August 14, 1995. Commissioner Conniff stated that on page 5, should read that Commissioner Langellotti seconded his motion. Mayor Bush asked if there were any other additions or corrections to the minutes of August 14, 1995. Commissioner Ferring said he is abstaining from the vote as he was not present at the meeting. Mayor Bush said ifthere were no other additions or corrections to the minutes of August 14, 1995, the minutes stand approved as corrected. Mayor Bush presented Police Chief Charlie Sexton with a 20 year service pin. Mayor Bush presented Resolution No. 764 to David Hopkins for his service on the Planning and Zoning Board. Mayor Bush presented Resolution No. 766 to Gladys Zahand for her service on the Beautification of Winter Springs Board. Mayor Bush mentioned that John Baker is out of town and will be presented his Resolution at a later date. Also, Wendy Austin was not present and will receive her Resolution at a later date. PUBLIC INPUT: Art Hoffmann, 1436 Mt. Laurel Drive, spoke concerning the notification of Board Members (on various Boards of the City) as to when their term on the particular Board expires and suggested that about two months before a Board Member's term expires, that the City Clerk's office send a letter telling the Board Member that their term is about to expire ask that they consider they want to be reappointed or not and have the Clerk pass that along to the Mayor and the Mayor to the appropriate Commissioners. These people are providing their services, they bring their expertise, their Regular Meeting City Commission August 28, 1995 94-95-28 Page 2 experiences to the City, doing the best they can to improve the community. I think it is the only right thing to do, to give them a chance to a first denial for that job that they are doing. If they don't want to continue that is fine, but if they do want to continue then I think if the Mayor or Commissioner, whoever it is that is going to appoint somebody, is going to appoint someone else, at least let them know that you are not reappointing them, at least let them know what they are doing. Lurene Lyzen, 627 Marni Drive, spoke regarding the letter she sent to the Mayor and Commission dated August 19, 1995, and said she wishes the Commission and Mayor read the last paragraph and said she is here with a couple of other people and would like to have an explanation how the new members were appointed on the Boards. Commissioner Ferring stated he is at a disadvantage in not being at the last meeting and said that he apologizes for that as he was out of town. I think there has been a miscarriage of justice done to some of the members who serve very faithfully on some of the Boards that we have, and I am just hoping that something can be done in regards to the Code Enforcement Board and ask for a reconsideration of the appointments that were made at the last meeting, in lieu of the fact that at least one of the members that he has spoken to personally was seeking to be reappointed to the Code Board, she has served faithfully and dedicated since 1989 on that Board and I feel that she should be worthy of reconsideration. Nothing is set in concrete and the appointments that were made have not been fully validated as of yet, I thought that this would be something that this Commission would want to reconsider. Commissioner McLeod asked why aren't the appointments that were made valid. Commissioner Ferring said he didn't think they were sworn in yet. Commissioner McLeod stated that the individual that he appointed to the Board has served this City also on other Boards and I think has a lot of knowledge to bring to the Board and sometimes changing the Boards brings with it change and I feel what he had done is just and he does feel sorry for the fact that it hadn't been brought to the attention of the Commission that those people wanted to perhaps continue to serve and at this time I have no intention to retract my nomination for the individual that I appointed to the Board. Mayor Bush said that when he received Ms. Lyzen's letter he asked the Clerk to research this to see what the procedures had been in the past and Mr. Hoffmann's recommendation is a good one, that the Commission does need to have a method to notify people. In this case the appointments went three meetings without anybody making a recommendation, so this wasn't done in haste by any means. When I saw the letter and noticed it was Ms. Lyzen and Bob Gray, I know how they have worked for the City, I understand their frustration with this and we do need a better way to notify people when their terms are up and also who appointed them. I think it is many times it is the person who makes the appointment kind of has the responsibility to follow through and in both of their cases they were appointed by people who are not longer on the Commission. Commissioner Torcaso appointed both Mr. Gray and Ms. Lyzen to those positions~ Ms. Lyzen was appointed in 1989 by the Mayor and reappointed in 1992 by Commissioner Torcaso~ Mr. Gray was appointed in 1986 by Commissioner Hoffinann and again in 1989 and then in 1992 by Commissioner Torcaso. I think this is why it did fall through the cracks in this case because neither one of them were no longer on the Regular Meeting City Commission August 28, 1995 94-95-28 Page 3 Commission. Mr. Hoffinann's recommendation was a good one and I think it is something that needs to be addressed. Mayor Bush said that maybe the City Manager could come up with a recommendation at a future meeting through the Clerk's office on notification. Commissioner Gennell said she would suggest in this case, since we are agreeing that this was an oversight, that ifthere is a resignation from those Boards that they are interested in, that those people be given first choice to get on those Boards if possible. Mayor Bush said that was a good recommendation and it will be looked into. Mayor Bush stated that basically when an appointment is expiring he asks the Clerk if anyone has called and indicated that they wish to serve and many times no one has and so then you start looking for someone~ there is a little bit of misunderstanding and I think we can correct. Commissioner Ferring said in this particular case, I think following Mr. Hoffinann's statement that when somebody is appointed to the Board they should be given specific knowledge of exactly when their term expires. Just checking back on my records and listening to Ms. Lyzen she had a document that says here term expires in 1995, there was no specific month during in which 1995 was mentioned and that is unfortunate, that is why I say that we should at least make the appointments that were made be aware that the people they replaced have served faithfully and that they may want to reconsider their acceptance. Mayor Bush said to Ms. Lyzen that he knows how hard she has worked and that he (Mayor) will speak with the person that he appointed and explain the situation to him, I am not going to ask him to resign but I will ask him to reconsider under the circumstances because there might be other places that he could serve the City and if that be the case I will then appoint you to take his place~ he is out of town tonight but I will speak with him as soon as he returns. Commissioner Langellotti said he will also do the same, and speak to who he has appointed. Mayor Bush said he and Commissioner Langellotti will keep the Clerk informed so we don't have two resignations and only one person to fill the vacancy. Mayor Bush said to Ms. Lyzen that he and the Commission will do their best on this and appreciate her good work and that she has done a lot of good for the City. Commissioner Gennell said that there does need to be a procedure in place, somebody that is responsible either notifying those people or for notifying them that it is their burden to notify the Commission one or the other. This did happen once before and it is just nobody came in and notified the Commission about it. Mayor Bush said that the City Manager and the Clerk will get together and get a procedure that they can bring before the Commission at the next meeting and in the mean time Mayor Bush asked the Clerk to put down the month and year and possibly the meeting for all Board Members and make sure all Board members are aware of that. -. --_.'~:.'..7"'"""""""?~"-- ""~..:-::-:~,~~,,,. -- - Regular Meeting City Commission August 28, 1995 94-95-28 Page 4 Mayor Bush said before we go to the General Agenda the City Manager has an agenda item that he would like to be placed on the agenda. Manager Govoruhk said the first thing is he would like to remove item"O" off the agenda until further notice. (l.W.S./B.F.!.) The second thing is he would like this to go on the agenda for Commissioners information and information only at this time; due to the fact we are going to be having a workshop later this month. Manager Govoruhk said that he received a call from Bill Pemberton, Project Engineer of CSX Railroad last week and with him is Gary Griffin, Supervisor; the next day we were fortunate to meet with a County Commission and also talked to the Real Estate Agent from Jacksonville; that kind of presented an obstacle on the bicycle path that a Commissioner brought up and also regarding the trolley car path; at this time Don LeBlanc will introduce these people to bring the Commission up to date. Mayor Bush asked for a motion to put this on the agenda. Motion was made by Commissioner Ferring to add this discussion on the agenda. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. Mr. LeBlanc stated that last week ICC rendered a decision on the abandonment of the Railroad, approved effective last Friday.(08-25-95) Mr. LeBlanc stated Ms. Colleen Rotella who is Senior Planner with Seminole County will be talking to you about the Greenway and Trail system. Ms. Colleen Rotella stated that she received a call from City Manger Govoruhk to come and talk to you about trails and what the County is up to. Ms. Rotella stated that in the earlier meeting when Judge Leffler and Mr. McIntosh were speaking about their proposed project and mentioning the visioning planning that the City of Winter Springs is doing. This is a perfect opportunity to bring in these other ideas about visioning trails; there is a lot of talk about this trail system, whatever that is. Our Board of County Commissioners a few weeks ago asked our Staff to put together a vision for trails. What we are calling the Cross Seminole Trail, which is what you have been hearing about, is one of those trails. Trails as you may know is a national movement, largely due to or connecting with abandonment of railroad corridors, it is a movement that is getting a lot of momentum in the State of Florida and even locally in Orange County, Lake County and all the surrounding Counties have been very active in the trail planning. Ms. Rotella showed the Commission a map showing from a regional level what is being looked at in our region and what is actually happening here. We start there to try to bring together the bigger picture that relates to funding of these kinds of programs; as well as connecting to a larger County system. Ms. Rotella showed the Commission a map showing what is called the Central Florida loop, it is a 200 mile trail showing the Florida trail system that runs the entire length of Florida. The Florida Tail is a national scenic trail, there are eight of these in the United States, we are very fortunate to have that running through our community. Ms. Rotella reviewed where the trails come from and through Seminole County. The effort that is being looked at is to fill in the gap to the trail system. Regular Meeting City Commission August 28, 1995 94-95-28 Page 5 The opportunities not only for our local community and local desires, we've done trail survey planning in the County, it is the number one demanded recreational facility. We are looking at in the visioning process, accommodating all types of trail users, from the pedestrian to the bicyclist to the cyclist that wants to be on the road, to the equestrian and hikers and folks that want to preserve corridors along environmental green areas. Our Board directed Staff to do two things, one was to spend the time over the next year developing a County wide trail system that would look at al the users she just mentioned; all the way from where those corridors might be appropriate, who the users are, how we are going to fund the program and how we are going to implement it. It is an effort that our Board, tomorrow will be taking up to set up a County wide task force, where we are asking and looking for input and coordination with all the cities as well as the user groups and very importantly the land owners and development communities. Weare coming into a process not to develop a vision and then present it to the community, we want to work with the community, mostly because these systems, we are finding through real life examples in our neighboring communities, Orange County's west Orange Trail, Pinellas County's forty two mile trail system, that not only do these benefit the local residents in a very significant way they benefit the land owners, the business owners in real tourism and economic dollars. One figure that is commonly used and very supported is these trails can bring in over a million dollars to a local economy if they are built right. They are atractors to people on vacations, as well as providing a very good vehicle to getting out of your home, rather than getting in you car, being able to get to your destination in another route; whether that is walking, biking, hiking. In the Cross Seminole area, that is what we are talking about, it is very fast growing area, an area that you are doing visioning for, intense development and this is one way to provide an opportunity for an alternative use. Now is the time to start working with those people, so as they develop their plans they can consider that. We are building a trail on the west side of Seminole County and are working hand in hand with the development community, in the Heathrow National Business Center. In those cases they are required by their development to put certain recreational amenities, sidewalks - those kind of typical development requirements. At the same time we are trying to put a trail through the corridor so rather than work on two separate paths we are working together to do one project with them that will benefit not only them as an amenity to the project but also the greater County area and obviously more cost effective in that manner. Ms. Rotella show the Commission a schematic of the potential trail plan that the County will be working on next year. Ms. Rotella stated that the final project that their Board asked them to work on is the Cross Seminole Trail. We as a County have only gotten into this process just very recently, the schematic is only a draft. Our Board has asked us to work with the Cities, Oviedo and Winter Springs as well as the community to provide that link between the Econ Forest and Springs Hammock. That will include two types of users one is the desire to have a Greenway on the South shore of Lake Jesup; obviously you are not going to put a paved facility in that environmental area, you are looking for a corridor of green space; this has been identified as State wide Greenway by the Governor, it is something of State and national significance and there is funding available for these types of programs. Secondly there is the CSX corridor, as you all know that will be abandoned and will be available for sale soon. We have as the County put in applications for those grants and our Board is going to pursue the Regular Meeting City Commission August 28, 1995 94-95-28 Page 6 grants and see what funding is available and then we will take it the next step. At the same time work towards developing a vision; one of the biggest problems our Board's had to deal as well as most everyone is "what are you talking about in the way of a vision", some of the kinds of questions that Mr. McIntosh brought up is how do you put a trail through an intense corridor, it is a safety issue, it is something you don't typically do, there are ways to do that and work towards that. That is where we have been directed to over the next couple of months; the timing on these grants will be decided early this fall. Ifwe received funding, then the decision as to where that money best be used? Should it be best used in buying the CSX corridor or should it be used in the northern area along the lake to provide a Greenway, that is a decision that a community needs to make and those are the kind of issues that we are starting to identifY and deal with. We want to work with the communities and the land owners, the users; there is some funding available, our Board has authorized payment for a conceptual plan to be drawn up, so that is where the County is going. Commissioner McLeod said is Ms. Rotella's position this evening for the Commission to come aboard and support the County. Ms. Rotella said she was asked to speak to provide information, and said that she understands that the City will be having a workshop and said if the Commission liked she would come for that. Commissioner McLeod said that Ms. Rotella stated that the County is looking to work with the public, the Commission and so forth; in my term on this Commission he has not gotten a "good taste" working with Seminole County Government. Every time we have given the County the opportunity to take the "lead" we end up being told what is going to happen on the back side of it; our input becomes fruitless at that point. Commissioner McLeod mentioned that the City Commission met with the County three times regarding Tuscawilla Road and when the County decided what they were going to do, it didn't matter and I would hope as you go forward in what you are planning to do is that you listen to some of the suggestions; as long as I am sitting here and I have to support Seminole County or I have to support this Trail, I will be looking very closely at how much input were we able to give to the development ofit within our City. As we go forward five or ten years from now, does this all of a sudden take this City's taxes and increase the millage of the City because we have this Greenway. I think it is great, but I think this City's Staffhas to have input at the ground level with this as the County goes forward to develop it if it want's this City to participate in this. Ms. Rotella said she would commit, as the project manager of the County, and I know our Board will as well, right now the opportunities in many cases is in your hands relative to what goes through your City, the ideal if the City so chose, and wanted to be that much in control of what when on in their boarders would be the opportunity for that portion ofit is something that you may even build and maintain yourself so that you can have that type of control. Commissioner Ferring thanked Ms. Rotella for addressing the Commission, however as Ms. Rotella is aware, we are in a very sensitive area with our visioning process along the 434 corridor, and hopes whatever plans that she will be formulating that she will take into consideration the commercial impact that that will mean to this City and the correlation of the potential of the now railroad abandonment as far as a bicycle path right through a commercial corridor. I think there are alternate ways that could be thought about where it will not impact negatively on the developers and this Regular Meeting City Commission August 28, 1995 94-95-28 Page 7 community because if they don't build in this City then it stops our growth and you have to take that into consideration. We all want to have a scenic trail, bicycle paths, but the planning and funding of it has to be there in the proper place. Ms. Rotella said not is the proper place, specifically for the City to have that input in the City's visioning process, it is your City and there is a facility to go through it. We can't say where the best place is for a path; the best opportunity is to work with the land owners as they are developing their plans, working with you as a City as a visioning. Commissioner Gennell said she was at the County meeting last week where they appropriated the funds for this and they also established a task force; and asked Ms. Rotella if the positions on the task force has been filled yet. Ms. Rotella said no, it is going to the Board, we didn't have what that would be it is going to the Board tomorrow and one of the appoints is a request from the City is to have a specific appointment and stated September 12, 1995, is when it will be acted upon. Commissioner Gennell said there is an opportunity for our Planner or somebody from this Commission could sit on that task force and have input. Mr. LeBlanc introduced Bill Pemberton, Project Engineer and Gary Griffin, Supervisor of Signals for CSX Railroad and stated they will give the Commission a rough overview of what their job consists of Bill Pemberton, Project Engineer for the Jacksonville Division of CSX, stated they wanted to tell the Commission the activities concerning the abandonment. As Mr. LeBlanc mentioned we did receive approval from the ICC for the abandonment as oflast Friday. The limits of the abandonment as it would effect the City, I should tell you that the cut point at the northerly end of the abandonment application will start approximately 200' north of the School Board road grade crossing; it will run through Winter Springs to Oviedo where it will continue on to the existing end of track at Aloma. It is anticipated now that CSX will indeed pick up the rail, we will commence the actual removal work on or about Monday, September 18, 1995. Our rail pick up will begin at Oviedo and work it's way back through to Winter Springs. Mr. Griffin represents the Signal Department out of Sanford, and basically we were here to address any questions that the City may have regarding the abandonment. Commissioner Ferring said to Mr. Pemberton, that the abandonment will proceed and you will be picking up the rails and ties and asked where it starts. Mr. Pemberton said yes, the rail that runs through Winter Springs is what they call continuous welded rail (CWR) and CSX wants it and we will pick it up with a rail train, it is not going to be cut in small pieces and trucked out. In order to do that you have to back the rail train in and cut segments of track in 1440 foot segments; then the rail train pulls the rail on the rails cars, it works by pulling it and cutting it at the same time and it will start in Oviedo and work this way. Commissioner Ferring asked how long will that take. Mr. Pemberton said the rail will come up inside two weeks, it will be here probably the later part of the week of the 18th or the first of the following week. Commissioner Ferring asked about the ties. Mr. Pemberton said the ties will be picked up by contract; tomorrow Mr. Griffin and I intend to high rail a number of contractors over the entire abandonment limits for the purpose of bidding for the material. Commissioner Ferring said he was under the impression that CSX will be donating the ties. Regular Meeting City Commission August 28, 1995 94-95-28 Page 8 Mr. Pemberton said you are correct, the details of that thought is Mr. Govoruhk's office and our offices are working those out, we just need a number, that is all we are looking for. Commissioner Ferring asked ifhe (pemberton) has anything to do with the sale of the property. Mr. Pemberton said no, Janet Miranda is the representative of our real property out of Jacksonville and is present and will address your questions regarding that. Commissioner Langellotti asked Mr. Pemberton how is it planned at the intersections, in effecting the residents that have to use the intersections. Mr. Pemberton said we hope not to close the crossing, during actual removal, more than a day and less than that. We realize and have talked in detail with Mr. Govoruhk and his Staff, those areas of concern to the City and we will if we have to, work the crossings half at a time in order to accommodate the residents in and out of those places who do not have reasonable alternate access. Again, we plan on closing those crossings no more than a day and probably no less than a day, I am speaking for the track part of this abandonment and he is not sure just exactly how long it will take for Mr. Griffin and his forces to take care of the signal work. Commissioner Gennell said she understands that there is some deteriorate of the couple of bridges that go through a couple of those areas, the trusses. Mr. Pemberton said he is not sure but will know more about that tomorrow exactly what will happen to the bridges that this abandonment effects~ it has been his experience that we take them up and have a contractor remove them. However, he thinks the State or Seminole County has 180 days that we effectively cannot touch the bridges and cannot touch the balance on which he understands is a good base to build rails to trails, of course that is to be determined. Generally speaking the State wants us to get rid of those things because they really are a liability to CSX, but if in fact the property is sold, that liability goes with the property. There is only two bridges that he is aware of that is involved in the abandonment, the application as he mentioned earlier, the actual track removal will start just this side of the Gee Creek bridge, that one stays in, it is in excellent shape~ our people felt that we should keep that bridge in, it is in excellent shape and if there is any future industrial expansion in this area it would not have to be rebuild should we want to extend the track back through this part of the County. To my knowledge there is only two other bridges involved. Commissioner Gennell said it is two that she is talking about, and people have expressed to her that are involved in the rails to trails issues that it is desirable to keep the bridges, trussels in tack if we can because it saves the County, the City, it saves on the money we get in grants. Commissioner Gennell asked who handles that. Mr. Pemberton said Mr. Archie Arthur will be heading up the showing tomorrow, we are having a meeting in Sanford in the morning and will commence to look at the territory~ I guess those issues will be addressed but perhaps Ms. Miranda can shed some light on those bridges. As far as I know they are going to stay in for at least 180 days until the property has been taken care of Commissioner Gennell asked if it would enhance them at all to leave the rails on them as well, does it serve to straighten them. Mr. Pemberton said no. Manager Govoruhk said we will be looking at the signals, we are talking to them about swapping some things and the Public Works Director and the Parks and Recreation Director are taking inventory to see how many rails we need at the present time. The bridges, if they are good, they will Regular Meeting City Commission August 28, 1995 94-95-28 Page 9 leave, if they are not they will have to come down because they won't pass inspection. Commissioner Gennell said that the City Manager might want to get with Mr. Baker to see if he would be interested in some piece of memorabilia he would be interest in from one of the crossing arms or something. Commissioner Conniff said to Mr. Pemberton that he addressed issue they might want to come back in here again. Mr. Pemberton said we don't want to eliminate the possibility, if we were to take that bridge out it would be extremely expensive to rebuild and being that it is in excellent shape we felt it would be to allow for any possible future expansion, and I know of none at this time, except to say that it will be a less costly venture if we leave that bridge in. Gary Griffin, said his part in this is he will be contractor in taking up the signals, as far as the crossing lights, levers, signal houses, gate mechanisms, batteries, etc. and those would consist as far as what you own is the crossings at Vistawilla, Tuscora, and the Park, crossing those three. I had talked to Mr. Govoruhk in our meeting last week, some of the things we could do, you are in a unique situation that our railroad only runs through your town. As far as some of the crossings that Seminole County owns we can take some of these abandonment crossings that are in good shape, as far as the signals, and move them in Seminole County and keep them in the County and they are still in benefit of the material. You are in a unique situation, when they come out, you own them and there is no where to go with them, so I was asking for them, I can use them. I know they are the City's but I talked to Mr. Govoruhk and worked out some details between the committee I met with, what I could do for the City if I could get them. Basically that is my part in this, I would like to have them, it is up to you, and I will need to know whether or not you want us to have them, or if you want to take other steps or other routes to get rid of them, that is up to you~ but we will need to know within the next couple of days. We will need to know within the next couple of days as what we are going to do with them when we start bringing in the rail train in. After the rails are picked up, I will be contacting a contractor to pick them up and at that time I will need to know what to do with them. Commissioner McLeod said he understands that the repair of the roadway where the track lays, is that correct. Mr. Pemberton said yes. Commissioner McLeod said it seems to him that there is some value in the crossing arms and so forth, they are probably more expensive than the repair of those roads, why would you not take the crossing arms to repair the black top where you are taking out your tracks~ I believe this Commission would be somewhat willing to swap those two off Manager Govoruhk said that is one of the things we are working o~ to possibly give them part of it~ we are working on a swap off deal. Commissioner Conniff stated that he hasn't totally abandoned the idea of possibly putting in some sort of a rail to move people, whether it be a railroad car, street car or something like that~ we have a lot of people that can utilize this. The way I see it, the bike paths will be utilized by a couple hundred peopl~families~ where several thousand could benefit by having some of the rail cars go through and pick them up from Apopka or Sanford or whatever and bring them here. We are going to have a nice Regular Meeting City Commission August 28, 1995 94-95-28 Page 10 development possibly over here and we can utilize Central Winds Park in the development~ and the way I see it is if you put people out there bike tracking and walking and everything and damaging the environment. Where if you have the tracks there you are going to have a possible ten foot wide strip and that would be the only damage you are going to have to the environment because that is all we had for many years. I am not to happy about seeing any of the tracks go, as far as letting the materials go, I think that that might not be a bad idea because we are not ready to put down any tracks ourself Mr. LeBlanc introduced Janet Miranda, with CSX Real Property. Ms. Miranda stated that her job with CSX is to sell the former railroad corridors. We just about have a former railroad corridor out here. About two weeks ago Seminole County did request the Interstate Commerce Commission and pose a public use condition on this corridor~ which means if it is granted by the ICC, CSX would not be allowed to sell that corridor or any portion of that corridor to anyone other than for public use, that will be for 180 days. During that period we could not remove the trussels or bridges and after the 180 day period, if we have not sold this for public use condition, and as a matter of fact if we have not entered into any meaningful negotiations, we could then be at liberty to sell it to anyone. The status of where the potential buyers are, the D.O. T. as I understand it, is looking at different ways to find the funding for this line. As many of you probably know, this is a very expensive corridor, this is very expensive real estate through here and it's been referred to probably as a 20 million dollar corridor. I understand there are some roads that adjoin the corridor that D.O. T. could use for highway expansion and then there are other areas that is not going to be used for highway purposes, but I think they are looking at ways that they could then donate that either back to the various towns or the Counties because this does run through two counties, for hiking and biking. I know that the D .E.P. at portions of this, and Seminole County is trying to get funds~ people are scrambling to look for funds to acquire this as a corridor for public use. Commissioner Ferring asked Ms. Miranda to elaborate more on "public use". Ms. Miranda said in here definition pubic use would be what would be good for the good of the people~ such as highways, hikinglbiking, transportation, anything that would relate to public use. Commissioner Ferring said he was trying to see ifthere were any other areas that she hadn't mentioned that would be considered public use. Ms. Miranda said parks, but hikinglbiking paths are sometimes considered linear parks. Commissioner Langellotti asked if F.D. O. T. is involved in this at all. Ms. Miranda said that may be, but she doesn't know, she knows that the local district office is actively involved in this. Commissioner Langellotti said he knows for a fact that F.D.O.T. is interested also. Commissioner Ferring mentioned that the City has an application in also for the whole corridor in the City of Winter Springs. Mayor Bush thanked the people from CSX for coming. Regular Meeting City Commission August 28, 1995 94-95-28 Page 11 Manager Govoruhk: stated that he, Don Wilson, Tom Grimms and Don LeBlanc are working on the grants. Commissioner Gennell said when she was at the County last week, the County Commission offered the resources of their Planning Dept. toward our workshop if we need it. I don't know if you might want to have Ms. Rotella come back at our workshop to bring us up to date on what they've accomplished by way of their task force. Manager Govoruhk said the meeting for the task force has not been scheduled yet because all the Cities will be involved. We are a little ahead due to the fact that I had an opportunity on Friday meeting with the County on Orange Avenue. Commissioner Gennell said in relation to the City and Casselberry and us, I was talking to several people; if you remember when the School Board was here at the last meeting and they had this terrible problem with the congestion there picking up at Winter Springs Elementary and the traffic problem on 434. Casselberry is bringing their trail up somewhere to 434 in that area, and this one will come somewhere, like across the street from that Elementary School is one of our roads that has six foot bike lanes on both sides of the road, going up into the Highlands, and I'm wondering with the ICTee funds if there isn't a possibility if we were to do something jointly; if you just check into this with Casselberry, if we wanted to join those two trails and apply for ICTee funds jointly for an overpass over 434 to connect the trails, that would alleviate the School problems in the process. Mayor Bush said Mr. Govoruhk can work with Casselberry on that and get back to us. GENERAL AGENDA Discussion of the City of Casselberry/City of Winter Springs deannexationlannexation of property located at Southern portion of Winter Springs and on State Road 434 in Casselberry: Jack Schluckebier, City Manager for the City of Casselberry, Bruce Pronovost, Mayor of the City of Casselberry and Tony Segreto, Public Works Director and Mr. Jim Newlon were present. Mr. Schluckebier stated that we are present tonight first at the request of your City Manager who asked that we might provide whatever information you may think is appropriate in response to questions and also an overview nature regarding a project that we are proceeding with adjacent to the City of Casselberry. We have a contract to purchase approximately 43 acres from Mr. Newlon, we are requesting that the City of Winter Springs deannex 19 of those 43 acres. The 19 acres are in the cross hatch area, it is in the north section of the City adjacent to Winter Springs, and adjacent on the South side to our Public Works facility. Of the 19 acres, only about 4 is suitable for use by the City, most of it is wetlands already; we are prepared to answer any questions about that, what we have in front of the Commission is a request for the City of Winter Springs to deannex, that is something that we think would be appropriate given that it would be for a municipal use in the future, given the protection for adjacent property owners, largely would apply to the City of Casselberry property owners but indeed the protection under land use and zoning, I think are word for word identical, whichever City it remains in, we think it appropriate if we are going to have municipal use on a property that it be located within the corporate limits. The reason we are all present here this evening is we wanted you to get the straight direct information and have the ability to ask questions Regular Meeting City Commission August 28, 1995 94-95-28 Page 12 directly and have them answered directly. Commissioner Conniff mentioned that the City of Casselberry's Police Dept. sets up their blockage right at our City limits, they put their patrol cars almost right on top of our sign, stop our residents coming into our city. My phone and the phones of other Commissioners light up when this happens. We had our Chief call your Chief for a courtesy on something like this and it has yet to be answered. Mr. ScWuckebier said your City Manager not only talked to our Chief but to me and your Mayor has also called me. Based on those comments and did some research on that issue. In the past four years, it is not a typical for police motor units to move around the City and so that particular location has not been singled out. In the past four years based on the computerized records, they have issued about 42 citations on that location. On the day in question that you are referring to in March, they issued about 12 to about seven individuals. They do not target church goers, they target law violators, they do not sit on the limits so as to harass anyone in particular but certainly not Winter Springs residents, I hope that information answers your questions, because it was not a targeted issue. Commissioner Ferring asked if Mr. ScWuckebier was familiar with a letter we (Commission) received from Mr. Richard Casselberry. Mr. ScWuckebier said no. Commissioner Ferring said the letter subject was the deannexation part of Barbara Christensen's property, sold to the City of casselberry and he wants to know what the status of this action is, when is the deannexing going to take place and wants to be notified as to meetings where this matter will be discussed and voted on, what is the procedure and steps to follow and what is the procedure and steps to follow in deannexing. It would appear to me that Mr. Casselberry is not going to be an advocate of this particular project. Mr. Schluckebier said based on information we've had from Mr. Casselberry in the past on past annexationsldeannexation activities, together in this specific instance, at the time at the Staff level that our City Managers and Attorneys got together in July, it was communication first by the City of Casselberry that we had an interest in pursuing a boundary adjustment for a proper municipal use by the City of Casselberry and would Winter Springs entertain that. Our City Managers and City Attorneys got together and public works staff; we outlined our objectives and needs and we had previously had conversations on that. At that same meeting Mr. Govoruhk and Mr. Kruppenbacher identified that the City of Winter Springs not as a quid-pro-quo or any kind of exchange or deal but at the same meeting said while we are talking about boundary adjustments for proper municipal purposes would the City of Casselberry consider a boundary adjustment on 434. The concern of Mr. Casselberry is the second boundary adjustment, where if you look at 434 and Casselberry City limits, the fact is the City limits by a 1969 act of the Florida Legislature which added these boundaries actually crosses northward S.R. 434 and causes a lot of jurisdictional disputes and a number of unnecessary police and fire calls; a number of questions about people wondering about what City they are in when they read four different city limit signs in a half mile. The question Mr. Govoruhk put to us and is a very reasonable question and that is would the City of Casselberry consider deannexing that piece that is S.R. 434 and the sliver north of 434 and the sliver of private property happens to be owned by Richard Casselberry and family. Mr. Casselberry has no desire to have his property excluded from the City of Casselberry; on the other hand we have a municipal purpose based on the request from Mr. Govoruhk that the City Commission is considering at this moment. C-"'_~'l'~~:'~-"'''''- Regular Meeting City Commission August 28, 1995 94-95-28 Page 13 Commissioner Ferring said on the south side of S.R. 434 there is a string of small businesses that are still wrapped in confusion of where they are; whether they are in Winter Springs or Casselberry. I think we had made a request and I think is was denied and could you expound on why you denied that we couldn't annex that portion of the section also. Mr. ScWuckebier said the State law regarding what may be annexed and deannexed is set out quite specifically in Chapter 171 of the Florida Statutes; our Staff and Attorney believes that we would have no difficulty making the justification regarding the State Highway and the area north as a jurisdictional dispute issue and as a property was not initially contiguous to the City, but when we come back to the property south of 434, that is all contiguous. Discussion. Mr. ScWuckebier said the City of Casselberry was advised on this issue by Attorney Donna Mcintosh. Commissioner Langellotti asked if the property fronts on Murphy Road. Mr. Segreto said the property that does front Murphy Road will retain jurisdiction of the City of Winter Springs. Manager Govoruhk asked Mr. ScWuckebier to explain the other property that would stay in the City of Winter Springs but that the City of Casselberry wants to purchase. Mr. Segreto showed the Commission on a map where the property was located. Mr. Segreto also stated that the property would retain in the jurisdiction of Winter Springs so that you would have control of the zoning and assure your residents that there would be adequate buffering from their residential community. It also solves the problem in that it would leave a nice square City limits line. After talking with your staff and the respective attorneys it was recommended that we would press the annexation on this and leave the 24 acre site in Winter Springs so that you retain jurisdictional control. Mr. ScWuckebier said as of a communication following the staff and attorneys meeting, indicated that the City of Winter Springs Manager and Attorney drove a hard bargain; first they requested that the City of Casselberry give the City of Winter Springs the 24 acres we were buying and we said that was unlikely given the type of trade that we were pursuing but we did agree that we would pose no objection and basically agree to whatever kind of Attorney inspired permanent conservation easement language the City of Winter Springs desired for that property to be retained in the City of Winter Springs, so we feel short of outright handing you a deed to the property that we in a neighborly spirit are trying to do the best thing that we know how to do here. Commissioner McLeod asked if the 24 acres was primarily a marsh area, wetland area. Mr. Segreto said out of the 24 acres, there is 4 acres of up land and the 4 acres are in the very center of the property so there is no access to the up land portion of that property. Commissioner McLeod said in your hash portion that you are asking for, what presently are your plans for that piece. Mr. Segreto said there will be no spray fields, there will be two uses on that property; it currently adjoins our public works facility so approximately 3 acres at that end of the property will be utilized for employee vehicle parking, stormwater retention and expansion of a warehouse for our Utility Department. In the center of the property at the dead end of Cross Street, it will be approximately 2 acres lined pond for the storage of reclaimed water. Discussion. Commissioner Conniff asked what kind of impact will this have on Gee Creek. Mr. Segreto said it actually should have a positive impact on Gee Creek. I walked the site with Kip Lockcuff and right Regular Meeting City Commission August 28, 1995 94-95-28 Page 14 now the water goes through the wetlands and goes down an old ditch that was build in the 40's. About two years ago the City, through an agreement, improved one end of the swale through a utility easement that Mr. Newlon gave us in a settlement with Winter Springs and Casselberry and Mr. Newlon. If we retain ownership of the entire site, we could do the improvement down the entire ditch line and construct the necessary berms and actually improve the water quality and quantity that will flow through there. Discussion. Commissioner Gennell asked the City of Casselberry representatives where are they going to bring their rail trail up through, Belle Ave? Mr. Segreto said that their Recreation Dept. is handling that but he believes it comes up through the Florida Power Easement that is behind Belle Ave. Mayor Bush asked Manager Govoruhk what his recommendation to the Commission is on this item. Manager Govoruhk said he recommends approval after the meetings with Casselberry and with Winter Springs St~ the only concern was on the S.R. 434 section but that has been resolved. Commissioner Ferring said he still feels strongly about the section on the south side of 434 and would like the City Attorney to look into that with Casselberry's Attorney, annexing that portion into Winter Springs would alleviate much confusion, we are not looking to take a little piece of Casselberry, we are trying to make Wmter Springs, Winter Springs and not have to be put into this particular position. Motion was made by Commissioner Gennell to approve the annexation agreement on the two parcels. Seconded by Commissioner Langellotti. Discussion. Commissioner Ferring said he thinks the City is moving a little quickly on this, and he would like to have the Attorneys look into the aspect on the south side and there should be no reason to rush into this. Commissioner Langellotti withdrew his second. Motion died for lack of a second. Motion was made by Commissioner Conniff to table this item until the City Attorney gets a chance to look into this. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: nay; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Commissioner McLeod asked Mr. Schluckebier is there was a reason why the City of Casselberry is trying to push forward at this time, do they have deadlines to meet? Mr. Schluckebier said the City of Casselberry has entered into a contract with Mr. Newlon and his partner, that is a time limited contract, and based on the Staff discussions that we had, we hoped that the City might be able to take some action fairly shortly as we are under some deadline from other environmental agencies as well; we had hoped to complete the transaction based on the annexation before September 30, 1995. Discussion. Motion was made by Commissioner Ferring to have this as an agenda item at the next meeting. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. This will be an agenda item on September 11, 1995. Regular Meeting City Commission August 28, 1995 94-95-28 Page 15 Commissioner McLeod asked Mr. Schluckebier when is their second and third readings on the parcel on S.R. 434. Mr. Schluckebier said the City of Casselberry annexes and deannexes by Ordinance in accordance with Chapter 171; first reading occurred at their first meeting in August, the second meeting is scheduled for September 11, 1995, in that event of the second reading is the same as the public hearing, the Commission could either take action at the Public Hearing with full expectations that Mr. Casselberry will object or delay it one meeting; it will be a rare event if they delayed it ever more than one meeting. We would expect concurrent action basically as it was outline between the Attorney's at the July communications. Commissioner McLeod asked that the City Manager to keep up on that and find out how that is coming along regarding the deannexation of that from Casselberry and report back to the Commission as it goes. Public Hearing Resolution 763 - A resolution of the City Commission a the governing body of the City of Winter Springs/Country Club Village Streetlight ;Maintenance District, establishing the method for collection of assessment, providing for notice of the meeting for public comment on and adoption of the assessment roll, establishing the basis for computation of the assessment. providing for conflicts. severability. and effective date: Mayor Bush closed the regular meeting and opened the public hearing. Mayor Bush asked if there was any member of the public who wished to speak on Resolution 763. There was no one present who wished to speak on Resolution 763. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to adopt Resolution 763. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Second Reading and Public Hearing Ordinance No. 591 - Request of John D. and Linda D. Stibich to vacate southern eight (8) feet of fifteen (15) foot utility easement at 625 Cleam Court in the Highlands PUD: Mayor Bush asked for a motion to read Ord. 591 by title only. Motion was made by Commissioner Conniff to read Ord. 591 by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye. Motion passes. Attorney Lang read Ord. 591 by title only. Mayor Bush closed the regular meeting and opened the public hearing. Mayor Bush asked if there was anyone present to speak for or against this Ord. 591. There was no one present to speak regarding Ord. 591. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to approve Ord. 591. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Conniff aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. Regular Meeting City Commission August 28, 1995 94-95-28 Page 16 Second Reading and Public Hearing Ordinance No. 592 - Providing for referral of parking infractions to a civil traffic infraction hearing officer: Mayor Bush asked for a motion to read Ord. 592 by title only. Motion was made by Commissioner Conniff to read Ord. 592 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Attorney Lang read Ord. 592 by title only. Mayor Bush closed the regular meeting and opened the public hearing. Mayor Bush asked if there was anyone present to speak for or against Ord. 592. There was no one present to speak on Ord. 592. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner McLeod to approve Ord. 592 in it's entirety. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye. Motion passes. Second Reading and Pubic Hearing Ord. No. 593 - Extending the current six (6) month moratorium on the approval or issuance of licenses for the operation of adult entertainments within the City for ninety (90) days. providing for conflicts. severability and effective date: Mayor Bush asked for a motion to read Ord. No. 593 by title only. Motion was made by Commissioner Langellotti to read Ord. 593 by title only. Seconded by Commissioner Gennell. Discussion. Vote: Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferring: aye. Motion passes. Attorney Lang read Ord. 593 by title only. Mayor Bush closed the regular meeting and opened the public hearing. Mayor Bush asked if there was any person present who wished to speak on this ordinance. There was no one present to speak on this ordinance. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner Ferring to approve Ord. 593. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Ferring: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye. Motion passes. Second Reading and Public Hearing Ordinance No. 594 - extending the current six (6) month moratorium on the construction and/or erection of any outdoor advertising display/billboard off- premises sign for six (6) months. providing for conflicts. severability and effective date: Mayor Bush asked for a motion to read Ord. 594 by title only. Motion was made by Commissioner Langellotti to read Ord. 594 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion Passes. Attorney Lang read Ord. 594 by title only. Regular Meeting City Commission August 28, 1995 94-95-28 Page 17 Mayor Bush closed the regular meeting and convened the public hearing. Mayor Bush asked if there was any member of the public who wished to speak on Ord. 594. There was no one who wished to speak on Ord. 594. Mayor Bush convened the public hearing and reconvened the regular meeting. Motion was made by Commissioner Conniff to approve Ord. 594. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Ferring: aye; Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye. Motion passes. Second Reading and Public Hearing Ord. No. 595 - Amending Article III, Sections 10-51 through Section 10-110, nude entertainment, of the Code of Ordinances of the City of Winter Springs, Florida. in its entirety. providing for conflict. severability. and effective date: _Mayor Bush asked for a motion to read by title only. Motion was made by Commissioner Conniff to read Ord. 595 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Ferrlng: aye. Motion passes. Attorney Lang read Ord. 595 by title only. Mayor Bush closed the regular meeting and convened the public hearing. Mayor Bush asked if there was anyone present to speak on this Ordinance. There was no one to speak on this ordinance. Mayor Bush closed the public hearing and reconvened the regular meeting. Motion was made by Commissioner McLeod to approve Ord. 595. Seconded by Commissioner Langellotti. Discussion. Commissioner Gennell said she didn't find anything in the ordinance about bottomless; she said they had a problem in Ocala or Gainesville with someone opening up a place because there was no prohibition against bottomless, a bottomless place was opened and said she would like to see that put in this ordinance. Commissioner McLeod asked if on page 7"c" that is not covered. Attorney Lang said yes it is covered regarding bottomless. Commissioner Gennell then asked what is the legal age for this is the age 18? Attorney Lang said the legal age for alcohol is 21; Commissioner Gennell asked what are we calling legal age? Discussion. Attorney Lang said on page 6, the age is 17 to be exposed. Discussion. Commissioner Gennell asked about asking for articles of incorporation. Attorney Lang said it would be better to ask for a certificate of good standing if you want to make sure they are still registered with the State of Florida as opposed for asking for the articles; I would suggest that you use a certificate of good standing if that is what you want to establish. Commissioner Gennell said on page 20, "Reasons for denial of Applications of License", it says ifit doesn't comply with the requirements of this Ord. or if they have had their license revoked or suspended or if it would violate a statute or ordinance; it doesn't say if they have a criminal record; do we have to give it to them or do we want to give it to them if they have a criminal record. Discussion. Commissioner McLeod said it says on page 18 regarding criminal background. Discussion. Attorney Lang said the State of Florida does not grant a liquor license to anyone who has a criminal record. Discussion. Commissioner McLeod said he would like the City Attorney to look into the age limit for entering an adult establishment for it to be either 18 Regular Meeting City Commission August 28, 1995 94-95-28 Page 18 or 21 years of age. Attorney Lang suggested that the Commission table this item until the Commission gets back a revised ordinance so they know what they are voting on. Commissioner Langellotti withdrew his second and Commissioner McLeod withdrew his motion. Motion was made by Commissioner Gennell to table this item until the Commission gets the revised ordinance in front of them. Seconded by Commissioner McLeod. Discussion. Vote: Commissioner Conniff: aye; Commissioner Ferring: aye; Commissioner Langellotti: nay; Commissioner Gennell: aye; Commissioner McLeod: aye. Motion passes. First Reading ordinance 588 - Establishing a Fire Public Safety Facilities Impact Fee; Providing for definitions, applicability and exemptions; providing for rates, time of payment, credits; providing for the use of proceeds and a trust fund for monies collected; providing for refunds, determination of vested rights. penalties; providing for severability; conflicts and effective date: Motion was made by Commissioner Conniff to read Ordinance 588 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Attorney Lang read Ord. 588 by title only. First Reading Ordinance 589 - Amending Chapter 9, Land Development. Article VII. Impact Fees. Division 2, Transportation Facilities; Section 9-386.8 and Section 9.386.16 severability, conflicts and effective date: Motion was made by Commissioner Ferring to read Ord. 589 by title only. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Gennell: aye; Commissioner McLeod: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff aye. Motion passes. Attorney Lang read Ord. 589 by title only. First Reading Ordinance 590 - Adopting the Municipal Budget for the Fiscal year 1995-1996; Repealing all Ordinances or parts of Ordinances in conflict herewith; severability; Conflicts and effective date: Motion was made by Commissioner Ferring to read Ord. 590 by title only. Seconded by Commissioner Conniff Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff; aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye. Motion passes. Attorney Lang read Ord. 590 by title only. Planning and Zoning Board Recommendation for Leffler Rezoning Request (Property located north ofSR 434 and immediate east of Seminole County School Board Facility) from Rural Urban (R-U) to Planned Unit Development (pUD). a - Discussion or request and review ofPUD Master Plan; b- First Reading Ord. 596 intern "a is approved: Donald LeBlanc, Land Management Specialist, stated that this is the Leffler request to rezone that property located north of 434 from Rural Urban to Planned Unit Development. The future land use Regular Meeting City Commission August 28, 1995 94-95-28 Page 19 assigned to this is mixed use, Planned Unit Dev. does fit in the mixed use category. The Staff has recommended approval and the P&Z Board has recommended approval. Mr. Donald Mcintosh is present to speak and answer any questions the Commission may have. Commissioner Ferring asked about the letter of Aug.21, 1995 regarding the rezoning request on the Seminole County comments. Mr. LeBlanc stated that the letter arrived on Aug. 18, 1995, it came in late, the County had the plans since probably the end of June and it is typical response of the County, they get the documentation early and wait until the last minute to comment. They were primarily concerned about the Cross Seminole Greenway and buffer matters on the Northwestern portion of the property. Commissioner Ferring said the letter states that they recommend a proposed buffer be increased to a minimum of 50' along that portion; is there a buffer of 50' along that portion. Mr. McIntosh said the request is to increase an existing 10' buffer to 50' and the County has asked that we increase the 10' buffer, which we felt was adequate, to 50' buffer to the conservation area. Commissioner Ferring asked why did the County request that. Mr. Mcintosh said he thinks that the County is trying to promote and protect by distancing the proposed development from the conservation area, the greater the distance for the buffer/setback, the more protected they believe the conservation area will be from intrusion and the like. Mr. LeBlanc stated that he doesn't know if the jurisdiction line has been established, so to request that at this time we have setback requirements in our comprehensive plan that address conservation areas, wetlands, etc. I think the City's Compo plan is sufficient to protect the wetlands and the conservation areas. Commissioner Gennell asked what the elevation is where the County wants the extra buffer. Mr. McIntosh said it ranges from approximately fifteen to five. Commissioner Gennell said so then it is buildable, on that account she thinks they have a legitimate concern since it is backing up to Spring Hammock, ifit wasn't buildable then she wouldn't worry about it but she concurs with the County. Mr. Mcintosh said the concern that the applicant has is that there are requirements for setbacks from that boundary line, which are 35' from any improvement that can be built on that boundary, in addition to which there is a 10' buffer that is proposed there, to increase the 10' buffer to 50' mearly takes away property from the applicant; I guess the question is whether or that is needed to preserve the integrity and the use of the Hammock. Discussion. Mr. LeBlanc stated that in looking through Mr. Grimms' notes (Community Dev. Coordinator), one of his items states "may be noted the developer indicates on sheet 2 of 2 under minimum building setbacks, landscape buffers, BSL buffer from limits of wetlands 25'; policy 3-A does state in part - a large buffer shall be required on a site by site basis when required to protect the resource". Mr. LeBlanc said he thinks that is the preview of the St. John's and the State agencies if they told us that they would want more than 25'. Commissioner Gennell said this is before us now strictly to approve the zoning change, actually this whole concept could change ten times before they would come in with something final, is that right? Mr. McIntosh said that is true but not to a great degree, the nature of a PUD is to be a site plan Regular Meeting City Commission August 28, 1995 94-95-28 Page 20 specific approval so the general configuration of parcels and the uses that you are approving within them would have to be consistent or we would have to come back to that step and go through this again if there is a major change. Mr. LeBlanc said this is not formal engineering, when the project gets off the ground it will be preliminary engineering and final development plan and then final engineering, so we have two more engineering processes to go through before any work can commence. Commissioner Gennell said it would be based on this concept then as it is presented right now. Mr. LeBlanc said it would be based on the land use as it is being presented, nothing per-say as to where is the jurisdictional line and things like that because we don't know it; the engineering would come back to the Commission two more times. Commissioner Gennell said with the presentation that we have earlier tonight, in light of that I would like to know where the property owner stands in light of the Greenway concerns, obviously what I read in the back up material indicates that this property along the lake front is going to be reserved for those people who purchase property there exclusively; and that is putting a dead halt to the Greenway coming through there, if that is a position, is that the position? Mr. McIntosh said the fact of the matter is that the Leftler family owns the property and the State and County doesn't own it, the application before the City is for them to use the property that they own and they put forward in the case of the lake front property a request to use that land that is not jurisdictional for single family residential or assisted living facility and also to have a couple of lake front kinds of restricted use areas, gazebos and those kinds of things, the idea was to have those uses not only benefiting the specific land owners or land users but restricted, maintained and secured by those individuals, that was the original concept. When the concept was first born much of the mapping that we have today didn't exist and as was stated earlier the project program for this corridor and trails network is still evolving. I think it is safe to say that the Leftler family is willing to talk with and work with the County in the sense of the ability to use the St. John's River Water Management District mandated buffer from wetlands, which happens to be placed on development as that corridor that might be used for the green trail; that is the kind of corporation that the County is seeking and also as a way for them without disrupting the uses in an area deal with their priority. There are issues that come with that kind of thing, the liability you bring in people you don't know through a development, who is going to be responsible for policing them, what happens if someone is assaulted, all kinds of things that we are told that might happen, nonetheless major concerns of a property owner and certainly concerns of the developer. There are issues that need to be dealt with there, but in a general sense the Leftler's are willing to talk with and to work with the County as these plans evolve. On the active or paved trail adjacent to 434 is a different issue, that is one that has a whole lot ofifs associated with it; what the County is trying to do is a long range plan and make everyone aware of the fact that they would like to do that and we are aware of it and I don't think those interests are incompatible with this plan. Commissioner Gennell said the jurisdictional area what would be the anticipated the approximate width ofit? Mr. McIntosh said on this document it is about 100-175 feet depending upon where you are at. Commissioner Gennell said by that being jurisdictional for St. John's, does that mean that it does not belong to the owners or does it. Mr. McIntosh said the land is still owned in fee by the Leftler family and what it means is that the jurisdictional (and this is not an accurate or final Regular Meeting City Commission August 28, 1995 94-95-28 Page 21 jurisdictional line) but those lands that are deemed jurisdictional are restricted from a use standpoint and there are certain things that are prohibited building etc., but they still would retain the fee and could assign that ownership to a homeowners assoc. if they decided. Mayor Bush said what the County is asking the City to do is take 50' of the Left1er's land and take it away from them, is that correct? Mr. McIntosh said actually what they are asking you to have the buffer of 10' expanded to 50' on the west side of the property. Mayor Bush said then they would use the use of that land. Mr. Mcintosh said they would benefit from the use of it and no one would use it, it would be set aside as a buffer. Discussion. Mayor Bush said what from what Mr. LeBlanc said, within the City of Winter Springs they are meeting the requirements for what we would have for a buffer on conservation areas, so they are asking us to expand our buffer - Mr. LeBlanc stated they are asking us to exceed our requirements. Mr. Mcintosh said and we would of course ask you not to do that. Discussion. Commissioner Gennell asked if the developer is not required by the City to provide a certain amount of recreational land in a subdivision. Mr. LeBlanc said the Compo Plan calls for 25% open space in mixed use category. Commissioner McLeod said to Mr. McIntosh that he is sure that the property owner is well aware of what the City is trying to do in the visioning ofS.R. 434, by no means approval at this point would not hinder that in any way down the road as we continue to develop the property in that area; is Mr. Mcintosh's client willing to continue to work with Staff on the visioning of this roadway. Mr. McIntosh said yes, as a matter of fact the Leffler's have been one of the most active property owners in that area. Commissioner Gennell said she appreciates all the time and effort that has gone into this as well as the task force work and sees it as a good opportunity for you to continue that a degree of corporation can accomplish to make us both meet the needs of the people we serve. Motion was made by Commissioner Ferring to approve the Planning and Zoning Board's recommendation for the Leffler rezoning request, property located north of SR 434 and immediate east of Seminole County School Board Facility from R-U to PUD. Seconded by Commissioner Conniff. Discussion. Vote: Commissioner Langellotti: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Ferrlng:aye; Commissioner McLeod: aye. Motion passes. Motion was made by Commissioner Ferring to read Ord. 596 by title only. Seconded by Commissioner Langellotti. Discussion. Vote: Commissioner Gennell: aye; Commissioner Conniff; aye; Commissioner McLeod: aye; Commissioner Ferring; aye; Commissioner Langellotti: aye. Motion passes. Attorney Lang read Ord. 596 by title only. First Reading Ordinance 597 - Establishing a Police Public Safety Facilities impact fee; providing for definitions; applicability and exemptions, rates credits, providing for the use of proceeds and a trust fund for monies collected; providing for refunds, determination of vested rights, penalties; providing Regular Meeting City Commission August 28, 1995 94-95-28 Page 22 for severability. conflicts and effective date: _Mayor Bush asked for a motion to read Ord. 597 by title only. Motion was made by Commissioner Langellotti to read Ord. 597 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Conniff: aye; Commissioner Gennell: aye; Commissioner Ferring: aye; Commissioner Langellotti: aye. Motion passes. Attorney Lang read Ord. 597 by title only. or first Reading Ordinance 598 - Providing for a change of scale to the official zoning map; providing conflicts. severability and effective date: Mayor Bush asked for a motion to read Ord. 598 by title only. Motion was made by Commissioner Conniff to read Ord. 598 by title only. Seconded by Commissioner Ferring. Discussion. Vote: Commissioner McLeod: aye; Commissioner Gennell: aye; Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye. Motion passes. Attorney Lang read Ord. 598 by title only. Deersong 3 - Acceptance of Water and Sewer System for city Maintenance (Property along S.R. 419 between Sherry Avenue and Moss Road): Mr. LeBlanc said this is for the acceptance for water and sewer only; it is a private subdivision and you have comments from Staff and they are satisfied; there is enough money in the cash escrow to cover the 10% maintenance bond. Commissioner Ferring said when he sees that Mr. Jenkins, the City Engineer, indicating that all of the previous deficiencies have been corrected and I would assume that everything is in place now. Mr. LeBlanc said he assures the Commission that if Mr. Jenkins said all the deficiencies were corrected they are corrected. Motion was made by Commissioner Ferring to approve the acceptance of water and sewer system for City maintenance property along SR 419 between Sherry Avenue and Moss Road - Deersong 3. Seconded by Commissioner Conniff Discussion. Vote: Commissioner Langellotti: aye; Commissioner Ferring: aye; Commissioner Conniff: aye; Commissioner McLeod: aye; Commissioner Gennell: aye. Motion passes. City Attorney - Frank Kruppenbacher: Reports, Discussion of Commercial Impact Fee Credit Issue and Standard Annexation Agreement: Attorney Lang stated that he has talked to Attorney Kruppenbacher regarding the Commercial Impact Fee Credit issue and can report that what Attorney Kruppenbacher would like to do is have a workshop where he talks about the annexation agreement (which I provided you copies of), there are two sections that would have to be filled in on a project by project basis; but he would like to talk to you about that agreement and then talk about the Commercial Impact Fee Credit issue. I can tell you that as a matter of law it will be almost impossible for the City Commission to give Commercial Regular Meeting City Commission August 28, 1995 94-95-28 Page 23 Impact fee credits except for in-kind contributions. In other words much like you just did with your other impact fees~ if you get an in-kind contribution you could give a credit, you can not arbitrarily decide that you are going to waive impact fees to someone, you can offer to pay them for a commercial entity if they are going to come in out of your other revenue dollars but you can't waive them such that you have discriminated between the developers of property in the City of Winter Springs and say "A" doesn't have to pay impact fees while "B" does because you would like to have "A" in the City. Your choices will be to pay the impact fee on behalf of the developer you want which you could do if you are willing to do that or in the alternative you give them credit for in-kind contributions. Discussion on when to have a workshop on the above mentioned. It was decided that the workshop will be on September 11, 1995 at 7:00 p.m. before the regular meeting. Attorney Lang said Attorney Kruppenbacher was to report about fees and when they can be advertised and Attorney Kruppenbacher said they can be put on utility bills and in the Winter Springs Bulletin. City Manager - John Govoruhk: Reports: Manager Govoruhk said regarding Ms. Wolf from Elmwood Dr. in Wildwood, at the present time the Public Works Director and Land Planning are checking into her claim~ as of right now as far as we know, the property does not belong to the City, we are not sure where the jurisdictional line comes in between Mr. Walt Dittmer and/or the Homeowners Assoc., it definitely does not belong to the City. Manager Govoruhk said Capt. Pieper is getting with the School Board regarding the traffic and parking problems at Winter Springs Elementary. I received a call today from D.O.T. and they will be coming in this week for a meeting. Manager Govoruhk said regarding the tree that Attorney Kruppenbacher spoke about last meeting, he has not gotten a report on that and Attorney Kruppenbacher will report about that at the next meeting. Manager Govoruhk said we had a meeting today with Casselberry on the annexationldeannexation section 5, and working with the County in setting up a meeting with Randy Morris on the Orange Ave. I brought up the comment to annex that section into the City and he said as long as it was voluntary, if it was involuntary the County would definitely fight it. I gave a note to our City Attorney to get with the County Attorney to get out of our agreement. There was a misunderstanding with some property owners there, they thought it had to with the park, where they had two entranceways. The agreement for the maintenance of Orange Ave. had nothing to do with the park, it was on the part of annexation into the City. Manager Govoruhk reported on Club Drive in the Highlands. A letter was served on Dimello at Summer Park Homes in Lake Mary, he is working with the Building Official to resolve the problem. Regular Meeting City Commission August 28, 1995 94-95-28 Page 24 We also found out that the problem is not on the property owner, it has to do with the creek and the Building Dept. will be making a letter for follow up. Manager Govoruhk also stated that in regards to St. John's lowering the Creek, said they can't lower the Gee Creek section there. Manager Govoruhk said to update the rails to trails program will be discussed at the Sept. 11, 1995 meeting. Manager Govoruhk also stated that the Commission and Mayor received a copy of the letter from August 21, 1995, regarding the County proposal for a private company to operate the landfill. My question to the Commission is do you want to contact the County Commission one on one or write a letter from the City on the Commission's thoughts on that. If it goes to private enterprise we are going to be looking at rate increases. Discussion. Commissioner Ferring recommended that the Mayor write a letter expressing our support to keep it as a County landfill as opposed to jobbing it out to private enterprise. Commissioner Langellotti said he has already spoken to Commissioner Pat Warren, Darrell McClain and Win Adams voiced his opinion on that and said he thinks that we should get a letter out under the Mayor's name. Mayor Bush said he would like to have proof that the County can in fact do it less than private enterprise, we are making the assumption that private enterprise will charge more money, we pay for the County equipment, employees, it is in our taxes; if they put this out for bid, I would like to see the County bid on it as well, this is not an uncommon practice to have the City or County Staff to actually bid on their own jobs to see if they can in fact do it cheaper. I would like to see the County bid on the job and compare it with what private enterprise can do, that would be his view on this. Discussion. It was determined that the Mayor will write a letter stating the Commission's recommendation of not privatizing the landfill operations. Manager Govoruhk said we have received a letter from the Sanford Parks and Recreation Dept. to our Parks and Recreation Dept. requesting the City of Winter Springs to participate and conduct a portion of the Golden Age Senior Olympic 95 program which will be the long drive contest at the Sanford Airport, which will be held on Wednesday, November 8, 1995. Mr. Wilson is looking at sending possibly 3 or no more than 4 workers with the Commission's opinion. This will be the first chance the City has to participate in the Games. It was the consensus of the Commission to allow the Parks and Recreation Dept. to send the workers to the Golden Age Senior Olympic Games. Commissioner Gennell asked about the report she had asked for regarding the clean-up cost for the storm that came through. Manager Govoruhk said the Commission will be receiving a report on that with a map within the next two days. Commission Seat V- David McLeod: Commissioner McLeod asked if the Mayor could come back to his seat after. Commission Seat I - Larry Conniff: No report. Regular Meeting City Commission August 28, 1995 94-95-28 Page 25 Commission Seat II - John Ferring: Commissioner Ferring said the recently enacted Cable Social Contract, which he has been working with Attorney Lang trying to get something from TimeWarner Communications regarding our contract and in the interim period we received a Social Contract (which the Commission has copies ot). I received this morning a copy of a letter that Mr. Lang has drafted that has to be at the FCC by September 5, 1995, and I would ask the Mayor to sign the letter if the Commission approves. Attorney Lang gave the Commission a little background on the Social Contract. The FCC has received a number of complaints with regard to the rates that are charged by cable companies. The City has been pretty much preempted by Federal Law with regard to regulating cable TV companies. In an effort to resolve these conflicts with the cable companies they have proposed what is called a Social Contract. The intent of the Social Contract is to eliminate the complaints about the cable TV companies and come up with some kind of plan that would satisfy the consumers. It would be a five year contract, the letter itself points out the concerns that we have with regard to this contract. The odds are that we are going to be a mouse in the wilderness on this, that no one is going to hear us, this is a nation wide social contract that has been negotiated. Unfortunately, most of what is in the social contract is just giving us what we already have, your franchise says they will give you state of the art equipment, it says that you will supply a signal to the schools, you aren't going to be eligible for the refunds that are discussed. The one thing that it does give us is that it will give us interactive TV for public schools if and when it is available. Beyond that there is not a lot that it gives you, it will require you make a decision within 45 days because the social contract is going to distinguish between what is called the basic service tier. The basic service tier will be your local stations plus your educational stations; TimeWarner can reduce the rates 10% on the basic service tier, but to recoup that 10% they can raise the rates on the other tiers. You as a City Commission will have one decision you can make, within 45 days of September 5th, you can notify the FCC that you do not want that 1 ()O~ reduction in basic tier, all that does is preclude them from recouping that money from the other tier. They still will be allowed to create the other tiers, and the basic service tier will be regulated; the other tiers, they will be able to increase the costs for those tiers based on an inflationary factory, any external costs that they have to pay to carry that signal. They have what they call going forward charges that they can incorporate but the FCC will regulate that, the City won't regulate that. What this letter does is it says that the City is not happy with this contract because TWC is not looking out for our consumers, that in essence they are "giving away the store" because we already have everything that they are agreeing to give other than the interactive TV and we really don't think much of the basic service tier because everyone within the City of Winter Springs probably could get the stations on the basic service tier with rabbit ears. Discussion on this. Mayor Bush asked if the Commission had any objection to sending this letter. There was no objection to the Mayor signing the letter and sending it out. Commissioner Ferring mentioned the fees and the applications that a resident has to fill out when they make application for use of our facilities, mainly sometimes at the Civic Center. Looking at that application, it seems to be very bureaucratic, very complicated, and plus the fact that there is a provision in there where when anybody wants to rent the civic center has to have provisions for a half a million dollar liability contract. We have checked this out throughout Seminole County and nobody Regular Meeting City Commission August 28, 1995 94-95-28 Page 26 in Seminole County has that provision for use of their facilities. Other than the City of Orlando itself, and now Winter Springs, nobody else has that type of provision. I think that what we have is a facility that should be user friendly, the fee is a little high for some groups and I think you should take that into consideration, $35.00 per hour seems to be a lot of money for a resident ofa resident group that needs to use it for a short period and asked the City Manager to look into that. Manager Govoruhk said he is checking into that at this time, Mr. Hoffmann brought it up and we are doing a survey. There was no resolution passed by the Commission, the fees established for six or eight years ago is what they have been using, I will bring it back for the Commission's approval under a resolution. Commission Seat III - John Langellotti: Commissioner Langellotti said he attended the 17/92 Task Force meeting this morning and asked the City Manager if the Task Force could use the Commission Chambers September 21, 1995, they are going to have a presentation by D.O.T. on beautifying 17/92. Representative Starks was there and talked about SR 434 but didn't mention that there is a lot of grant money out there and I think it will be very informative; by holding the meeting here they are going to have D.O. T. show slides on all the State roads where monies are available. They will need to use it from 8:30 a.m. until 10:00 a.m. Manager Govoruhk said they are welcome to use the Chambers, we do not have anything in the morning. Manager Govoruhk also stated that Kip Lockcuff has been in contact for grants to look at assuming control of mowing, edging, beautification and grants. Commissioner Langellotti said the City will also be getting paper work from Florida League of Cities regarding grants. Commission Seat IV - Cindy GennelI: Commissioner Gennell said at the last meeting Mr. Hoffmann had brought in his water bill and it stated on the water bill a telephone number for the Little League; I had a reason to be needing that number and looked on my water bill and there was nothing there except to conserve water and looked at the two preceding months and the bills did not have the number. I would like to know why that kind of information would go on water bills for one part of town and not allover town. Manager Govoruhk said he doesn't know but will check Mr. Martin. Commissioner GenneIl said she has a letter from Mr. Baker to Mayor Bush requesting funds for the Historical Society and said she doesn't know if the Commission ever addressed it or answered him. Mayor Bush said he spoke to Mr. Baker and told him that needed to go to the City Manager for inclusion and consideration of the budget or it could have been brought up by Commissioners at budget time. Manager Govoruhk said that was put in the Commission's packet at budget and there was no money put in for contributions for anyone, the only one we had was to the Civic Association and that was removed for any contributions in that line code. Mr. Baker was informed prior to him sending the letter to the Mayor. Mayor Bush said he even mentioned to Mr. Baker that he should come and address the Commission. Regular Meeting City Commission August 28, 1995 94-95-28 Page 27 Commission Seat V - David McLeod: Commissioner McLeod said the Winter Springs Bulletin is suppose to be a non-political bulletin representing the City and people and read an article that he wasn't happy with~ the article started to lean towards a political positioning by members of the writing statT for that~ I would like to say lets keep it non-political and from that if it continues from my standpoint, if it goes into being a political bulletin then I as a Commissioner would make a motion to stop funding of any kind to the Winter Springs Bulletin. Ken Haines, editor of the Winter Springs Bulletin, stated that he doesn't have any intention about making the Bulletin political. He has been editor for close to two years and there has never been anything in any addition along the lines of political. As far as he is concerned that article was not political. Discussion. Commissioner ConnitT said it has come to his attention that we have a time clock in City Hall now for the employees, and thought this is an administrative building, employees now are going to be punching in and out, you never put a time clock in an administrative building. Manager Govoruhk said he will get with Commissioner ConnitT and show him what we had to go through with the Fair Labor Standard Act, what we were being liable for a lawsuit and bring him up to date on it. Mayor's Office - John F. Bush: Mayor Bush mentioned that he and Manager Govoruhk met with the United Way representatives and he (the Mayor) will be sending out a letter to the employees asking for the employees support of the United Way Fund raising. Mayor Bush said the Commission has seen the tri-fold newsletter that Mr. Colombo has put together and if there is no further objections it is ready to go the next time we send utility bills or how we are going to distribute it. Commissioner Ferring said he has looked at the newsletter and although it is done well he thinks the information in there is past information, the residents have already gotten that information. Commissioner F erring said he thought that the premise was we were going to send a newsletter when it was relevant when there was something important. To go to the expense of putting out something just for the sake of putting it out, I don't know if that is the best idea. Mayor Bush said part of the reason for the delay is that it has to go before the Commission before it goes out, this has been in front of the Commission twice which results in it being a little out dated, he agrees, maybe Mr. Colombo could give his information to Mr. Haines and put it in the Bulletin, I think the information in the newsletter was good, some of the things weren't in the Bulletin. Maybe we need to think about it and see if there is something that we could mesh it with what Mr. Haines is doing. Mr. Haines was in agreement. Mayor Bush also mentioned that he would like for the Commission to consider putting the City of Winter Springs onto the internet with a home page. The internet is called a worldwide net and it is a connection anywhere across the Country where you can access information about the City. We could put our minutes on there, many cities much larger than us do this, and I think it would be a Regular Meeting City Commission August 28, 1995 94-95-28 Page 28 good step and I think it is another way we could communicate with people, it also allows the City to get worldwide notice. I would like to have someone come and give the Commission a presentation on this and show exactly what it is, how much it costs for the Commission's information. If that is acceptable there is a firm out of Oviedo and they would be happy to come and make a presentation and if that is acceptable we will put it on the agenda for a future meeting. Mayor Bush said he is concerned about the Code Board and mentioned having a letter sent to someone who has a violation and they have 20 days to respond; our City codes on Code Enforcement are so weak that it is very hard for us to enforce things as quick as citizens think they should be enforced. I would like to see the Commission review some of the Code Enforcement issues so that we can clean the City up. I think it is something we should look. Mayor Bush said he is concerned about a quadroplex on Lori Ann Lane that has been taken over by RTC. The grass has been allowed to grow head high and I think it is ridiculous that the government, who now owns the property, that we can't make them cut their grass when we do our own citizens. I would like to have the Commission's approval to get with the Attorney and find out what it is going to take to get that done. It is a safety hazard to the children who live in that area, it has to be a place where rats, snakes are in, I would like for the City Manager to follow up on that. Commissioner Langellotti said three years ago our City Attorney was suppose to come in with all new regulations for our code, on the enforcement of the Code. I think you should get after the City Attorney to do something about that, he has promised that for three years. Mayor Bush said another thing he would like the Commission to consider is we have a City Ordinance that says you must display your house numbers visible from a certain number of feet, that virtually is not done, it is not enforced. One of the things that would help is ifhouse numbers were painted on the curb in front of your street, what I'm recommending is maybe if we ask the boy scouts or some group like that, ask them to take this on as a project. I would like to see that the Commission let the Manager discuss this with some of the groups to see if this is something they might take on; it would help the Code Enforcement, Police Dept., the Fire Dept. Mayor Bush said we received a letter from the County Commission; they are trying to develop a convention center in Seminole County and they are asking the Cities to adopt a Resolution. Does the Commission want to support a Resolution for Seminole County Board of Commissioners to pursue a multi purpose convention and performance center. Discussion. Motion was made by Commissioner Gennell to support the County's efforts to get a convention center built by adopting a Resolution. Motion dies for lack of a second. Commissioner Ferring said in regards to the street numbers on the curbs, I think you better check with the City Codes, I don't know if you can put down street numbers on the curb, I think it is considered illegal. Regular Meeting City Commission August 28, 1995 94-95-28 Page 29 Mayor Bush asked Manager Govoruhk to check into that, and mentioned that it was a Police Officer that mentioned it to him (Mayor) that it would be helpful to have such things done. Manager Govoruhk stated that we have had people come in and get permits to go out and paint the numbers on the curbs. Attorney Kruppenbacher had put out a notice that it was not illegal. The Fire Dept. have said they perter to have it on the mail box, like the ordinance says; we do have an ordinance that states each home must have it. Commissioner McLeod asked who actually looks over the Code Enforcement regulations and passes those on, is there a board that looks at and reviews the regulations? Manager Govoruhk said each Dept. should be looking at the Ordinance every day and when they see anything that needs to be changed, they should write a letter to recommend the change that needs to be made; what they are referring to is a year or two ago when everybody put these packages together and turned over to the City Attorney to come back with an ordinance to make the changes. Captain Pieper and Charles Holzman (Code Board) and I met and got all the ordinances from all surrounding Cities and are looking at the ordinances and will come back and make suggestions and recommendations. Discussion. Mayor Bush said he would like to recommend that the City take a good look at the Codes and the enforcement of the Codes because my observation is that in certain parts of the City there are multiple violations, it is very hard to enforce them, very time consuming, and yet there are still violations. Commissioner McLeod said why doesn't the Code Board be the one to look at the whole Code and come back with recommendations to the Commission as to the issues that they have problems with or rewrite on the areas of problems. Mayor Bush asked that the City Manager to look into this matter. The meeting adjourned at 11 :02 p.m. Respectfully Submitted, ~7,.~ Margo M. Hopkins, City Clerk ];~ F. '"B&A.~ h~ M.~'1 Oft.