HomeMy WebLinkAbout071293-Regular MeetingMINUTES
City Commission, Sanford, Florida
Regular Meeting
July
19 93
?h~ City Commission of the City of Sanford, Florida met in Regular Meeting on
Monday, July 12, 1993, at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford,
Florida.
Present:
Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner A. A. McCIanahan
Commissioner Lon K. Howell
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
Seat Belt Usage Recognition Award. Police Lt. Doug Bishop reported that the City of Sanford
received the Seat Belt Usage 70% Plus Award, and presented Mayor Smith and Police Chief Ralph
Russell with a plaque and banner regarding same.
Public Hearings to consider condemnation of structures as follows:
A. Report %93-01, 1300 West llth Street, Simeon Austin, owner.
B. Report 993-02, 1112 West 14th Street, Edna Long, owner.
C. Report %93-03, 1017 West 13th Street, Westside Improvement Association, Inc.,
owner.
D. Report %93-04, 919 Elm Avenue, Columbus Carswell, owner.
E. Report .~93-05, 1800 West Airport Boulevard, Johnny Walker, Trustee.
Mayor Smith announced that the Commission would hear from those persons present to
speak regarding the above-referenced structures.
Johnny Walker, Trustee, 1800 West Airport Boulevard, Condemnation Report ~93-05,
appeared and reported that he has owned one acre of land across the street from this property
for over twenty years, which is within the 350 foot requirement for off-premises parking.
Further, he previously proposed that this building be utilized as an aged, handicap, or
senior citizen center, but was advised that said use would be inconsistent with existing
zoning; and was also advised to seek the services of an architect for planning purposes; the
architect wanted $500.00 up front to perform a survey and make recommendations, the cost of
which the group could not afford. Further, the structural steel can be reinforced; the
building just needs plastic surgery. Further, due to economic conditions attempts to sell
the property have been unsuccessful, and they have not finished or fixed it because they
don't know how a future buyer would want to use it.
Reverend Player, President, Inter-denominational Ministerial Alliance, appeared and
reported that the property located at 1017 West lJth Street, Condemnation Report %93-03, is
under contract and is expected to close within the next 30 days, at which time they will do
whatever is required to bring the property up to code. Further, the building will be
developed as a cultural arts facility.
Recommendation submitted from Building Official to condemn structures A, B, C and
E, above, and to authorize Public Works to demolish said structures. Also, that structure
D be condemned and the owner given sixty (60) days to repair.
On recommendation of the City Manager, Commissioner Howell moved that finding the
above-referenced structures to be unsafe, dilapidated, unsanitary or uninhabitable, that said
structures be condemned, and the property owners granted a time period of 30 days in which
to demolish and remove said buildings or structures or place it in a state of sound repair.
Further, in the event of failure on the part of the property owners, within said 30 day time
period, to effect such demolition and removal or repair, to authorize the City to demolish
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City Commission, Sanford, Florida
Regular Meeting
&Jly 12
19 93
and remove the buildings or structures, and the actual cost of said removal and disposal,
including administrative costs, will be assessed as a lien against the properties. Seconded
by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner ~nOmas Aye
Commissioner McClanahan Aye
Commissioner Howell .~.~-~
Continn-tion of Public Hearing to consider rezoning a Dortion of property lying between the
abandoned SCL Railroad right-of-way and Vihlen Road and between Upsala Road and Old Monroe
Road extended southerly, from SRi-AA, Si.%gle-Family Dwelling Residential, to PD, Planned
Development, tabled at June 28, 1993 Meeting.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the rezoning.
Sid Vihlen, representative for David Feinberg and Mr. Dennis Bimbo, applicants,
appeared, submitted and reviewed a financial report and a revised proposed development plan
for Pamala Oaks subdivision. He stated that the development will consist of twenty-eight
(28) single-family detached units, the purchase price is from $70,000.00 to $90,000.00, with
a gross density of 5.69 dwelling units per acre on 4.9 acres, and a minimum Iot size of 4000
square feet. Further, this is a transitional property, the utilities and public services are
adequate, and the future land use for the parcel is iow density residential which permits up
to six (6) units per acre. Mr. Vihlen reviewed specific commitments of the developer, as
described in the document executed by Mr. Bimbo and Mr. Feinberg on July 12, 1993, including:
i) installation of a five foot masonry with stucco wall along the southern boundary of the
project extending the depth of the first residential lot, 2) installation of a six foot high
cypress fence along the remainder of the south and east property line. Mr. Feinberg and Mr.
Bimbo concurred to complete the cypress fence before issuance of the first Certificate of
Occupancy., 3) each residence will have an underground irrigation system, 4) no two story
house will be built on lots 1, 2, 27, 28 or 15, 5) there will be a homeowners association
(membership fees between $20.00 and $25.00 per month), which will maintain the entrance
walls, lighting, signage, plantings, and irrigation system associated with same, 6) boat and
RV storage shall be prohibited, 7) an architectural review board will be included within the
homeowners association, 8) at the time of site plan approval, the City will be permitted to
review conditions, covenants, and deed restrictions; with submittal of the homeowners
association. Mr. Feinberg and Mr. Bimbo had no objection to incorporating many of the above
referenced items as deed restrictions, and inserting a provision whereby conditions,
covenants and deed restrictions will not be changed without prior approval of the City of
Sanford.
Dennis Bimbo appeared and reported that he has been a general contractor since
1976, that this property is in a transitional area, and that he has tried to accommodate all
13 items at issue. Further, there will be two spec houses, one of which will be used as a
sales office.
Alvin Lee, Jr., 830 Upsala Road, appeared and reported that he lives across the
street from the subdivision in question, and that agreement has been reached regarding most
of 13 items at issue, with the exception of: i) density - after the retention pond and the
dedicated road right-of-way, there is only 3.37 acres left on which to build twenty-eight
(28) homes; six (6) houses per acre is not safe; four (4) or five (5) homes per acre would
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City Commission, Sanford, Florida
'Regular Meeting
July 12
643
19 93
be acceptable, 2) entrance wall - the entrance wall should be a six foot (6t) masonry wall
instead of a cypress wall running south to the east end of the property. Further, the tax
payers end up with nothing from this venture. Mr. Lee submitted a signed petition in
opposition to the rezoning.
Sue Boso, 760 Upsala Road, appeared and reported that because there is no common
area or recreational facility, and the traffic flow will be greater, children will be at
risk.
Commissioner Howell moved to authorize City Attorney to prepare the proper
ordinance to rezone the property, with conditions and stipulations as described in memo dated
July 6, 1993, from Director of Planning and Development, commitments by developer as
described in the document executed July 12, 1993, and items agreed upon at tonight's meeting
including 1) entrance wall shall be completed prior to issuance of first Certificate of
Occupancy, 2) developer commitments will be incorporated in deed restrictions, 3) covenants
and deed restrictions will not be changed without prior approval of the City Commission.
Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McCIanahan Aye
Commissioner Howell Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3161,
in the Sanford Herald on July i and 8, 1993.
Ordinance No. 3161, entitled:
as advertised
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX
WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON
ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN
PROPERTY LYING BETWEEN COUNTRY CLUB ROADAND SUNSET DRIVE
AND BETWEEN VINEWOOD DRIVE AND FOREST DRIVE, IN
ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF
SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of June 28, 1993, was next placed on second
reading. After being read by title, the Chairman announced that the Commission would hear
from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3161. No one appeared.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3161. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3162, as advertised
in the Sanford Herald on July i, 1993.
Ordinance No. 3162, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING ~HAT CERTAIN NORTH-SOUTH ALLEY
LYING BETWEEN OAK AVENUE AND MYRTLE AVENUE AND BETWEEN
9TH STREET AND IOTH STREET; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of June 28, 1993, was next placed on second
reading. After being read by title, the Chairman announced that the Commission would hear
from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3118. No one appeared.
644
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City Commission, Sanford, Florida
Regular Meeting
July 12 19 93
Co~.mi.~sioner Thomas moved on the second reading and adoption of said Ordinance No.
3162. Seconded by Commissioner Howell and carried by the vote of the CommisSion as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Police Department Items.
A. Request for one (1) additional D.A.R.E. Police Officer.
B. Request for Law Enforcement Television Network - In-Service Training.
On recommendation of the City Manager, Commissioner Howell moved as follows: A)
Approved one (1) presently authorized uniformed officer be assigned to the D.A.R.E. Program
with the understanding that 50% of the cost for same will be funded by the Seminole County
school Board. B) Approved Law Enforcement Television Network, In-Service Training at an
annual cost of $5,856.00, with funding to come from the Law Enforcement Trust Fund account.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Request from Gene Siover and Charles F. Bumgardner, to re-establishnon-conforming use status
at 1219 Park Avenue, to operate an automotive air conditioning repair business (FRIGID AUTO
AIR), as discussed at tonight's Work Session. On recommendation of the City Manager,
Commissioner Howell moved to re-establish non-conforming status at said location, for
operation of an automotive air conditioning repair business, conditioned upon all repair work
being done inside. Seconded by Commissioner Thomas and carried by the vote of the Commission
as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Request from First Shiloh M.B. Church,
to rescheduie Dreviousiy approved (May 24, 1993)
Special
Session.
Session.
Event Permit, from July 17, 1993 to July 31, 1993, as discussed at tonight's Work
No action taken; Applicant withdrew the request, per Commissioner Thomas at Work
Adoption of Resolution No. 1662. On recommendation of the City Manager, Commissioner
Howell moved to adopt Resolution No. 1662, entitled:
A RESOLUTION OF THECITYOF SANFORD, FLORIDA, AUTHORIZING
PARTICIPATION IN THE "MAIN STREET" PROGRAM.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McCIanahan Aye
Commissioner Howell Aye
Request from Carmen Nesti, for waiver of required two off-dut¥~olice officers, for wedding
reception on August 14, 1993 at the Civic Center. On recommendation of the City Manager,
Commissioner McCianahan moved to approve waiver of one off-duty police officer; requestor to
provide one officer in addition to the custodian on duty. Seconded by Commissioner Thomas
and carried by the vote of the Commission as follows:
MINUTES
City Commission, Sanford, Florida
Regular Meeting
645
July 12
1993
~ayor ~mich aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Petition to Annex [water service] a ~ortionof ~ro~ertybetween East Seminole Boulevard and
East Second Street and between Shirley Avenue and Crescent Boulevard, Jewel C. Williams,
Petitioner. On recommendation of the City Manager, Commissioner Howell moved to authorize
water service with applicant to pay all costs and fees associated with same, and to record
Annexation Petition and annex property when annexable. Seconded by Commissioner McClanahan
and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McCIanahan Aye
Commissioner Howell Aye
Request from Sarah Arnoid to install six (6) foot chain iinkfence within City right-of-way
at 1117 Olive Avenue. On recommendation of the City Manager, Commissioner Howell moved to
approve installation of a six (6) foot chain link fence in the Olive Avenue right-of-way.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McCIanahan Aye
Commissioner Howell Aye
Condemnations.
Status Report of all current and pending condemnations.
or taken.)
(No action required
B. Request for Time Extension regarding Condemnation Report %92-02, 1305 Shepherd
Avenue, Carrie Williams, owner.
On recommendation of the City Manager, Commissioner McClanahan moved to authorize
a 60 day extension for B, above. Seconded by Commissioner Thomas and carried by the vote of
the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Emergency Water Supply Interconnect Agreement with Utiiities, Inc., of Florida, as discussed
at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved
to authorize execution of said Emergency Water Supply Interconnect Agreement, as revised,
with Utilities, Inc., of Florida, for emergency water service for Crystal Lake System at
$1.77 per 1000 gallons (outside City rate as it may be adjusted by City Commission from time
to time) plus fixed monthly charges based on meter size. Seconded by Commissioner Howell and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Liability Insurance Options for S~ecial Events and all other rentals of City facilities, as
discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner
McCIanahan moved to expand the City's present insurance coverage with Florida League of
Cities to provide this coverage. Seconded by Co.,.issionerThomas and carried by the vote of
the Commission as follows:
646
MINUTES.
City Commission, Sanford, Florida Requ 1 ar Meet i nq
Jk~l~ ~2 19 93
Mayor ~mith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
First reading of Ordinance No. 3163. On motion of Commissioner McClanahan, seconded by
Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner ~cCIanahan Aye
Commissioner Howell Aye
Ordinance No. 3163, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A PORTION OF THE 14 FOOT WIDE
EAST-WEST UTILITY EASEMENTLYING ON THE NORTH SIDE OF THE
PROPERTY AT 1506 MELLONVILLE AVENUE; PROVIDIN~ FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3164. On motion of Commissioner McClanahan, seconded by
Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3164, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
SECTION 28-24, 28-25 AND 28-152.2 OF THE SANFORD CODE BY
ESTABLISHING NEW WATER RATES AND SEWER RATES AND
RECLAIMED WATER SYSTEM CONSUMPTION CHARGES; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3165. On motion of Commissioner Howell,
Commissioner Thomas and carried by the vote of the Commission as follows:
seconded by
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3165, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
CHAPTER 18, SECTION 18-38 OF THE CODE OF ORDINANCES OF
THE CiTY OF SANFORD TO REQUIRE PERMITS FOR "SPECIAL
EVENTS"; PROVIDING A DEFINITION OF THE TERM "SPECIAL
EVENT PERMITS; REQUIRING A PERMIT FOR ALL SPECIAL EVENT
PERMITS; AUTHORIZING CITY COMMISSION TO GRANT OR DENY
SPECIAL EVENT PERMITS; PROVIDING FOR PENALTY; PROVIDING
FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
was introduced and placed on first reading.
Information from Pianning and Zoning CommissionMeeting of Juiy l, 1993, as described in memo
dated July 2, 1993, from Land Deveio~ment CoordinatOr. No action required or taken.
Custody Services Agreement with NationaBankof Florida, N.A. On recommendation of the City
Manager, Commissioner ~omas moved to authorize execution of said Custody Services Agreement
with NationsBank of Florida, N.A., and transfer of Police and Fire Pension assets from Key
Trust Company of Florida, N.A. to NationsBank of Florida, N.A. as appropriate. Seconded by
Commissioner McClanahan and carried by the vote of the Con,.ission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McCIanahan Aye
Commissioner Howell Aye
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City Commission, Sanford, Florida
Reqular Meeting
647
July 12
19 93
~onsenh Agenda.
A.
Request for payment of City Attorney's Statement for Professional Services for
the Month of June, 1993 in amount of $11,394.45.
Tabulation of Bid ~92/93-43, Scott Avenue Drainage Project Materials (Public
Works Department). City Manager recommended acceptance of lower bid, which
met specifications, from Southeastern Municipal Supply Company in total
amount of $86,712.00.
C. Approval of Vouchers for the Month of June, 1993.
On motion of Commissioner McClanahan, seconded by Commissioner Howell and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McCIanahan Aye
Commissioner Howell Aye
the Commission:
Be
Approved payment of City Attorney's Statement for the Month of June, 1993 in
amount of $11,394.45.
Accepted lower bid, which .met specifications, from Southeastern Municipal
Supply Company in total amount of $86,712.00; $75,000.00 to come from
Stormwater Utility Budget; the remaining $11,712.00 to be transferred within
the existing budget.
Approved Vouchers for the Month of June, 1993.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McCIanahan Aye
Commissioner Howell Aye
Audience Participation.
Pat Lee appeared and asked if the Governor's Office has made a ruling relative
Commissioner Howell's residency status. She stated that Commission Howell should not be
permitted to vote on anything which affects her way of life.
Howard Lloyd, 105 Crystal View East, one representative for Condemnation Report
$93-05, 1800 West Airport Boulevard, appeared and asked what happens if/when nothing is done
to this property within the allotted 30 day time period.
City Manager reported that the owner(s) can request a time extension for a specific
purpose.
Revised City Smoking Policy, as discussed at tonight's Work Session. commissioner Howell
moved to revise the City's Smoking Policy establishing a "smoke free" workplace within all
City buildings/facilities, effective August 1, 1993. Seconded by Commissioner Thomas and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McCianahan Aye
Commissioner Howell Aye
Ce
Information regarding invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged four lump sum contracts totalling $310,955.20.
Request from Holiday Inn Lake Monroe, for Jet Ski Race "Hot Water Tour" on July 25, 1993,
from 10:00 A.M. to 4:00 P.M. [Participants 74-100 - Pro~ected S~ectators 75-100], as
discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner
McClanahan moved to approve Special Event Permit as requested, contingent upon on all
activities, including parking, being on Holiday Inn property. Seconded by Commissioner
Thomas and carried by the vote of the Commission as follows:
64B
M UTES
City Commission, Sanford, Florida Re§u] ar' Meeti n§
Jul St 12
19 93
City Attorney reviewed condemnation procedures.
There being no further business, the meeting was adjourned.
Attest"