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030998 rmE718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 127 March 9 19 98 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, March 9, 1998, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Citizens' Advisory Board meetinff. Mayor Dale reported that the Citizens' Advisory Board will meet on Wednesday, March 11, at 7:00 p.m. in the City Commission Conference Room. Presentation. Mr. William Ford for Parmers Against Crime recognized Officer Jose Diaz, K-9 Neiko, Officer Ned Golden, Officer John Lebree, Officer Paul Herx, Officer Eric Seifert, Dispatcher Leon Charles, and Dispatcher Linda Brown. Each was recognized and received a letter of thanks and recognition. Also recognized with a letter was Chief Joe Dillard. Mayor Dale extended the thanks and congratulations of the City and the Commission. Citizen participation. No one appeared. City Commission meetin~ minutes. Commissioner Lessard moved to approve the City Commission minutes for the February 23, 1998 Work Session, February 23, 1998 Regular Meeting and the March 2, 1998 Joint Work Session with the Airport Authority. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearin~ to consider second readin~ and adoption of Ordinance No. 3392. re: amendine Land Development Regulations relating to Multi-Jurisdictional Land Use with re~ard to permitting, locating. and sitine of Adult Entertainment Establishments and Sexually Oriented Businesses: enactine as a !and development rel~ulation the provisions of an interlocal agreement by and between the City and Seminole County. and providing that sites whereon adult entertainment establishments and sexually oriented businesses may be located in the City shall also be available County sites: providine that sites whereon adult entertainment establishments and sexually oriented businesses may be located in the County shall also be available City sites: providin~ that all such sites shall be joint sites: providing for the coordination of Comprehensive Plans and Land Development regulations. the purpose and intent of the Joint Planninf~ area. for Comprehensive Plannin~ and Land Development Re~ulatory activities. for the use of land for Adult Entertainment establishments and Sexually Oriented business. for the provision of infrastructure. for co~ict resolution. for terms. for notice and other administrative matters and provisions and for codification. and first readinl~ of Ordinance No. 3392. Ad published February 28, 1998. 128 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING March 9 19-- 98 Each Commissioner disclosed ex pane communication regarding this issue as follows: Mayor Dale reported he has had ex pane communications with the Developer and his representatives of counsel and engineering firms, and with various citizens who oppose or are in favor of the project. Commissioner Eckstein reported just prior to today's Work Session he met with Mr. Saathoff, who represents the apartment complex, and he also received numerous letters for and against the project (most against). Commissioner Eckstein also visited Dean Shoemaker (uninvited) and discussed the area. Commissioner Willjams reported meeting with a representative of the Developer, and she also has received numerous phone calls from citizens who were for and against the project, and some written correspondence. Commissioner Lessard reported he met with Mr. Saathoff and Mr. Hattaway this afternoon, as representatives of the Developer, and he has also received phone calls and letters on varying positions in relation to the property. Commissioner Lyons reported that prior to this meeting he has not met with the Developer or the Developer's attorney, and he has received minimal communication in favor of or in opposition to the project. Jay Marder, Director of Planning and Development, reviewed the events leading up to this second Public Hearing. He reported the City has received confirmation from the DCA that the City had provided them with the information that appeared to respond to their initial comments. Mayor Dale reported it is the policy of the DCA not to respond as an agency to the action taken until after the second reading of the Ordinance. Mr. Marder explained that the new designation for the property is proposed to be Multiple Family High Density on the northem portion and Multiple Family Medium Density - 15 on the southem portion, instead of Residential, Office, Institutional. Attomey Dwight Saathoff, with the law firm ofMcGuire, Voorhes and Wells, a representative of the Developer, reported the site plan for the north portion of the property has been submitted to the City as pan of the PD Zoning Application. They are getting about 16 to 16.5 an acre on the northern portion. Mr. Saathoffreported that after the second reading and adoption hearing, if adoption occurs, the DCA has 45 days from receipt of the amendment to issue the Notice of Intent, saying they find the Comprehensive Plan Amendment in compliance with the State laws, or they don't. That Notice of Intent can be appealed. Mr. Saathoffreported that since the first public hearing the Developer has negotiated an agreement with the City of Lake Mary, and the Hills of Lake Mary Homeowner's Association. They have agreed not to oppose what the Developer is now proposing, assuming that the Developer satisfies the following criteria: 1) The Developer would limit the number of dwelling units to 636 dwelling units on the entire property (instead of the original 900+ proposed). Only 599 units were on the site plan submitted to Planning and Zoning. 2) The Developer agreed not to place any dwelling units within the first 100 feet off of the right-of-way of Paola Road. 3) The Developer agreed that the first row of buildings constructed close to 46A or Paola Road would be limited in height to two stories, unless those buildings were perpendicular with that 100 foot line, and then the very first units would be two stories with the balance being three stories. 4) The Developer agreed to build a six foot brick wall of a quality and character that is similar to the wall at the Hills of Lake Mary. 5) The Developer agreed to install fountains at the entrance and to align the entrance with the project across the street, and to install and maintain landscaping that is consistent with the residential character of the other development along 46A. 6) The Developer agreed to install street lighting along the entire frontage !of 46A in front of their project and install a traffic light. E718672 City MINUTES Commission, Sanford, Florida 129 7:00 P.M. REGULAR MEETING March 9 98 19__ Mr. Saathoffreported that this agreement has been signed and recorded against the title to Mr. Southward's property, so it is a binding instrument on the title to this land if this project can get approved for multi-family use. The Developer assisted the City in producing the engineering material and data that was needed by the City to respond to the DCA's request for more information. The only other government agency that had any comments in conjunction with the DCA was the St. John's River Water Management District, and the Developer has addressed those concems. Commissioner Williams asked what part of the agreement with the City of Lake Mary and the Hills of Lake Mary includes the concerns of the Kaywood citizens. Mr. Saathoff reported there were several meetings with representatives from both the Hills of Lake Mary and from Kaywood in which concerns were expressed, and they tried to address all of those concems to make this a more palatable proposal for the residents in that area. Commissioner Willjams reported her concern is that the agreement does not encompass a signature from a representative from Lake Mary, a representative from Kaywood, and a representative from the City of Sanford. Mr. Saathoff reported the agreement was with Mr. Southward, the City of Lake Mary, the Hills of Lake Mary and Sanford, and has signatures of representatives from all of those entities. He further reported that if there are further concerns from the residents of Kaywood the Developer will be more than happy to address and try to respond to them. Mayor Dale reported that the citizens of Kaywood do have concerns that they would like addressed, but they do not have an organized Homeowner' s Association with a representative to negotiate with the Developen . Commissioner Lyons expressed concern that the site plan looks a bit congested and it would be better if the Developer would agree to 10 dwelling units per acre on the southern portion. Eric Kenney, Altman Development Corporation, reported that the parking requirements of the plan are what is controlling the number of units per acre. The number of units is now down to an Economic Issue. The Developer agreed to revise the Developer's Agreement with the City to limit the number of dwelling units to 599 units on the entire property. Jay Marder reported the Staff recommends to transmit for adoption. Mayor Dale reported the Commission would hear from those perspns present to speak for, or in opposition to, Ordinance No. 3357. Keith Ivey, 132 Wood Ridge Trail, Kaywood, reported there were some inconsistencies in the initial presentation. On a map of the proposed site Mr. Ivey pointed out that the transitional density provided by the High Density designation of the County still only allows for twenty units per acre next to the City' s proposed High Density designation of twenty units per acre. This provides no buffer, as a City designation of fifteen units per acre would do. In the City's letter of response to the DCA it states that the equivalency proposed is higher than what was planned for in the Joint Planning Agreement of 1991. The City's medium density 15 is equivalent to the County's high density of anything between 10 and 20 units per acre. What the City is saying is that they are proposing high density as stated in the Joint Planning Agreement for this area, but they are proposing a high density designation of the City, not the County. The southem portion of the property was never addressed in the Joint Planning Agreement. Therefore, the opinions of the people who are now interpreting the Joint Planning Agreement are irrelevant, because they are not the Commission who signed the original Joint Planning Agreement and understood its intent. The 2.5 units per acre proposed for the southern portion is a 20% increase in density over what the Joint Planning Agreement allows for. The 16.4 units per acre on the northem portion is an 8% increase. One concern of the Kaywood residents is that by increasing the densities on this 13 0 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING March 9 1998 property, it will also cause the other available land in the area to be developed as high density. If the City needs apartments then the City should build apartments, but not take one small area and maximize densities across the board and over and above what should really be there. Mr. Kenney reported the Developer would be willing to limit the number of units on the northem portion to 15, but still wants 12.5 on the southern portion. Dean Shoemaker, 128 Wood Ridge Trail, presented on overheads several newspaper articles and letters written in regard to this apartment project. He also presented previous minutes and a petition explaining the timeline of the deliberation of this proposal by the Commission. He reported he had acquired copies of letters from citizens who approved of this project, and explained via a map that the citizens who wrote these letters no longer live in this area, or are in the process of selling their property. He also reported a concem that all these letters were dated with the same date, and they all spelled Whitey Eckstein's name wrong. Mr. Shoemaker also reported that the owners of the "Twin Lakes" property at this time have an agricultural exemption and therefore are paying a minimal amount of property tax, which is not illegal, but he didn't feel the citizens were getting back in taxes the money they are expending in infrastructure in this area. He reported that in a meeting early in the negotiations he reported he could agree to the density of 10 dwelling units per acre on the south, and 15 on the north. He reported he still could live with that. Mr Shoemaker asked for clarification of the legalities of Larry Dale's initials on the Addendum to the Lake Mary agreement. He reported several other concerns including how this Agreement with Lake Mary was handled, how the citizens and City officials were reacting to this project, the improvements of the other areas around this project, why the Mayor and his Staff went to Tallahassee to talk with the DCA about this project, why in the previous minutes there was a complete dissertation'of the good things about this project but all the citizens who objected to the project were diminished to one paragraph, and their concerns to another paragraph. Also, he didn't feel that the citizens of Kaywood had gotten a fair shake at the original P & Z Meeting at which this project was considered. He concluded he felt that "his neighborhood" and Mr. Devlin could work together and work out all the problems if they had the opportunity to do so. Mayor Dale reported that he went to the DCA as a representative of the Commission to answer the questions posed to the City, and the Staff responded to the report of the DCA. Irene Fultz, 173 Wood Ridge Trail, reported when the attorney was speaking she felt like she had just been told her property was worthless. Other developers are just waiting for the Commission to approve this project and then they will buy up all the remaining surrounding property and develop it with apartments that are not the first class, $1,000.00 a month apartments that have garages that look nice. She appealed to the Commission to reconsider. Chuck Reed, 144 Wood Ridge Trail, reported he would support 15 units per acre on the north property, and 10 units per acre on the south property, but he wants no lake access at all to be allowed to the residents of the apartment complex. He further wants a six foot chain link fence around the tennis courts to protect the natural environment. He would support the development under these conditions. Debra Accordino, 141 Wood Ridge Trail, reported she, too, does not want any lake access by the apartment complex, and she could agree to 10 units on the south and 15 units on the north. Walt Hamilton, 2402 Oregon Avenue, reported he is totally opposed to the apartments but progress is progress, and he can live with 10 units on the south and 15 units on the north. i~718672 MINUTES City Commission, Sanford, Florida 131 7: 00 P .M. REGULAR MEETING March 9 1998 Margarette Moore, 138 Wood Ridge Trail, was concerned if there was going to be enough buffer over the tree line that she would not have to look at the apartments and tennis courts from her back porch. Nell Snow reported she noticed someone from Tallahassee had viewed the property and saw no wildlife that would be in jeopardy except some tortoises. She stated that the Sand Hill Cranes are back and are nesting, and they will protect those birds from anybody who bothers them. She further reported that the "lake" is just a teeny little pond, and if all the boat access is allowed no one can police it 24 hours a day to keep it limited. Julian Fuller, 2404 Oregon Avenue, reported he wants a six or eight foot fence on the other side of the lake, and it should continue to be maintained, and the builder should have to comply with an agreement with the residents once it is made. Dwight Saathoff reported his client has agreed to compromise on the northem portion of the tract to an MDR 15 from an HDR designation. Also, they were remiss in not bringing up the issue of boats. He felt that they have approximately 900 feet of lakefront access. If single family residents would build on 900 feet of lakefront, and each family had one boat, that would be approximately fifteen boats. What his client is willing to do is limit their complex to five boats, which would be small sailboats or canoes that could only be hand launched as opposed to tied up to a dock, and would not exceed a length of fifteen feet. Also, they cannot compromise to 10 units per acre (compared to the 12.5 that they are proposing) on the south because of economic issues, considering the compromises they have already made. The difference is about 50 units in all (or about 2 buildings). Mayor Dale reported that if the Commission would mm down this proposal no developer would come along and want to put single dwelling units there, because of the economics. After further discussion the developer offered to go to a total of 225 total units on the southern portion (opposed to 250 units which is what they are proposing at 12.5 units per acre). They also would agree to no lake access and a gazebo that would only extend to the water's edge. The Mayor summarized that the developer's final proposal includes no lake access with a gazebo for passive use to extend only to the waters edge (no dock), and MDR - 15 on both sides, but a limit of 225 total units on the south, per a binding Developer's Agreement. He then closed the Public Hearing and called for comments from the Commission or questions from Staff Jay Marder reported there seems to be some misunderstanding about the Joint Planning Agreement, but the table with the land use equivalencies is simply intended to be a seamless way in which people can annex into the City, and obtain regulatory jurisdiction by the City, without changing their land use, as long as they zone to the County's Future Land Use. Commissioner Willjams asked Mr. Ivey and Mr. Shoemaker if they could live with the latest proposals of the Developer. Mr. Ivey said he could live with them, and Mr. Shoemaker also agreed he could accept them. Commissioner Williams moved to limit the development to 225 units on the south (designated MDR - 15) limited by a Developer's Agreement drafted by the City Attorney, 349 units (MDR - 15) on the north, no lake access (passive use only) with a gazebo allowed in the conservation area. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: 132 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING March 9 19-- 98 Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale called for a ten minute recess, and then reconvened the meeting. Continuation of consideration of Ordinance No. 3357. Mayor Dale reported the Commission has approved the conditions of a Developer's Agreement and he felt it appropriate to table the adoption of the Ordinance until the meeting of March 23, at which time the Staff can present an amended Ordinance and a Developer's Agreement. Commissioner Lyons moved to table until March 23, 1998 the adoption of Ordinance No. 3357, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 2065 OF SAID CITY; SAD ORDINANCE BEING THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF A PORTION OF THE PROPERTY LYING BETWEEN RINEHART ROAD AND COUNTY ROAD 46A AND BETWEEN RINEHART ROAD AND OREGON AVENUE SOUTH FROM LOW DENSITY RESIDENTIAL (LDR) AND MEDIUM DENSITY RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR), MED1UM DENSITY RESIDENTIAL - 15 (MDR-15) AND RESOURCE PROTECTION (RP); PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider second reading and adoption of Ordinance No. 3391, re: creating two Communication Operator Positions and two Community Service Officer Positions in the Police Department. Ad published February. 26, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3391. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3391, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3312 AND ITS AMENDMENTS TO PROVIDE FOR THE AUTHORIZATION AND ADDITION OF TWO (2) "COMMUNITY SERVICE OFFICER" POSITIONS AND TWO (2) "POLICE COMMUNICATIONS OPERATOR" POSITIONS IN THE SANFORD POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3392, re: amending Land Development Regulations relating to Multi-Jurisdictional Land Use for Adult Entertainment saillg. Ad published February 28, 1998. Regarding the Planning and Zoning Commission's recommendation to not adopt Ordinance No. 3392, Mr. Jim Hattaway reported the Planning and Zoning Commission did no,t~J~problem~vith the document per Se, but there 133 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING March 9 98 19-- were some ambiguities, such as no place for the signature of the City Attorney as there was for the County Attorney, and there was not a representative from the County Attorney's office to answer questions at the Planning and Zoning Commission Meeting when this issue was being considered. Erring on the side of caution, the Planning and Zoning Commission decided not to approve the recommendation to adopt this Ordinance rather than approve something they did not feel comfortable with, or for which they had questions that could not be answered. Lonnie Groot, Bill Reischmann and Frances Chandler were also present to answer any questions from the Commission. Mr. Groot reported thus far the County's Planning and Zoning Commission has recommended the Ordinance favorably, and the County Commission hears it for the first time tomorrow, with a second Public Hearing on March 24, 1998. Mayor Dale reported this is the first reading of this Ordinance by the City, with the second Public Hearing for adoption on March 23, 1998. He further reported that the City would not adopt at second reading if the existing sites are not grandfathered. Mr. Groot reported the County Commission has on second reading tomorrow the potential grandfathering of the existing five adult businesses that are operating in Seminole County right now. City Attomey Colbert reported as to the signature of the City Attomey, it is not the practice of the City Attorney to approve every agreement the City enters into, but they had reviewed the document and had representation at the Planning and Zoning Commission meeting the night it was being considered. After reviewing the document they did not have any legal concems with the document and felt it was a matter of policy for the Commission to decide. Commissioner Lessard moved to approve the first reading of Ordinance No. 3392, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO MULTI- JURISDICTIONAL LAND USE WITH REGARD TO THE PERMITTING, LOCATING, AND SITING OF ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SANFORD, FLORIDA; ENACTING AS A CITY OF SANFORD LAND DEVELOPMENT REGULATION THE PROVISIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SANFORD AND SEMINOLE COUNTY; PROVIDING THAT SITES WHEREON ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES MAY BE LOCATED IN THE CITY SHALL ALSO BE AVAILABLE COUNTY SITES; PROVIDING THAT SITES WHEREON ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES MAY BE LOCATED IN THE COUNTY SHALL ALSO BE AVAILABLE CITY SITES; PROVIDING THAT ALL SUCH SITES SHALL BE JOINT SITES; PROVIDING FOR THE COORDINATION OF COMPREHENSIVE PLANS AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR THE PURPOSE AND INTENT OF THE JOINT PLANNING AREA; PROVIDING FOR COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATORY ACTIVITIES; PROVIDING FOR THE USE OF LAND FOR ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR THE PROVISION OF INFRASTRUCTURE; PROVIDING FOR CONFLICT RESOLUTION; PROVIDING FOR TERMS; PROVIDING FOR NOTICE AND OTHER ADMINISTRATIVE MATTERS AND PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Application for determining Discontinued Non-Conforminff Use re: 919 Oak Avenue. City Manager Simmons reported the Historic Preservation Board liaison received a complaint from Michael Goeb, a resident of the Historic District, who provided information that indicates the property located at 919 Oak Avenue has been without water and sewer service for a period of time in excess of six months. This raises the question if the non- 134, E718~7~ MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING March 9 1998 conforming use would be extinguished under the City Code. Charles Rowe, Director of Community Development, reported the past Code Enforeement activity regarding this property. There were several complaints made about this property, but each time the property was brought into compliance before further action was taken. It could not be determined if there were tenants living on the premises. Paul Moore, Utilities Director, reported the last bill for utility services was issued on 12/31/96. There has been no water or sewer service since that time. City Manager Simmons reported that the non-conforming use language in Schedule L provides that after a property has been vacant with no electrical or water service for a minimum of six months, the property converts back to single family. Clarice Delano, owner of the property, reported she had the apartment rented to an elde~y gentleman by the name of Paul Moore (no relation to the City Utility Director) on January 26, 1997 for a term of one year. Mr. Moore had some problems with theft of personal items and was held up at gtmpoint at his door twice. For this reason Mr. Moore would not pay his rent, because he threatened if Ms. Delano pressed him for payment he would sue her for the value of the property that had been stolen. Mr. Moore had no where else to live, and had no money, so he stayed in the house without power until April, 1997. He did have a little water that was seeping in through the water meter. Ms. Delano reported the man was definitely harassed, possibly as part of a conspiracy against her. She further reported that because of a neighbor who is running an illegal business across the street by storing refrigerators on the street, she cannot rent the apartment to decent people. She feels this neighbor should not be allowed to have these junk eyesores in front of his house all the time for her to have to look at. When Mr. Moore did move out Ms. Delano tried to sell the house, but took it off the market to try to make improvements to it. She had a new roof put on and new woodwork on the front porch. The property is now for sale as a two meter unit. She has not paid $456.60 still owed on the utility account because she is holding the community responsible for the actions that happened there in regards to the burglaries, thefts and Mr. Moore being beat up outside his home. Jay Marder reported that this property is currently zoned SR-1 (Single Family). Mayor Dale reported at the present time Ms. Delano has a Non-Conforming Use in a Single Family Residential District to operate as an apartment (multi-family) operation. Mr. Colbert reported the purpose of this hearing is for the Commission to decide whether or not to discontinue the non-conforming use status. City Manager Simmons reported he will have Code Enforeement look into the allegations Ms. Delano has made about the "junk dealer" and report back to the Commission. Based on the testimony and information submitted, Commissioner Lessard moved to discontinue the non- conforming use of an apartment (multi-family use) at 919 Oak Avenue, and that it revert back to single family use. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Department of Justice Local Law Enforcement Block Grant. Joe Dillard, Police Chief, reported the Police Department had applied for a Law Enforcement Block Grant for money that could be used for overtime. The application was approved but the City would have to match it in a total of E718672 MINUTES City Commission, Sanford, Florida 135 7:00 P.M. REGULAR MEETING March 9 98 19-- $14, 123.00. Mayor Dale, as Commission liaison to the Police Department, reported the money is in the budget and a motion to approve would be in order. Commissioner Eckstein moved to accept Law Enforcement Block Grant funding in the amount of $127, 108.00 with matching funds of $14, 123.00 for a Law Enforcement Block Grant for the Police Department, to be used for oven/me. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1782. re: establishing a Local Law Enforcement Block Grant Advisory Board. On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1782, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING A LOCAL LAW ENFORCEMENT BLOCK GRANTS ADVISORY BOARD; DEFINING ITS DUTIES; PROVIDING FOR ITS DURATION AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Appointing members to the Law Enforcement Block Grants Advisory Board. Commissioner Eckstein moved on the recommendation of Corporal Mike Horan to appoint Wolfgang Halbig, Christopher R. White, Steve Shapiro, Jo Howard and Corporal Michael T. Horan to the Law Enforcement Block Grants Advisory Board. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3390. re: annexing a portion of that certain property lying between West 25th Street and Sarita Street and between Mohawk Avenue and Marshall Avenue (1025 W. 251h Street). On recommendation of the City Manager, Commissioner Lyons moved to approve the first reading of Ordinance No. 3390, entitled: 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 WEST 25TH STREET AND SARITA STREET AND BETWEEN MOHAWK AVENUE AND MARSHALL AVENUE (1025 W. 25TH STREET); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye 136 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING March 9 19-- 98 First reading of Ordinance No. 3393. re: amendinE Classification and Pay Plan re: Fire Department. On recommendation of the City Manager, Commissioner Lessard moved to approve the first reading of Ordinance No. 3393, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO PROVIDE AUTHORITY TO THE CITY MANAGER TO AMEND THE EXISTING "CLASSIFICATION & PAY PLAN" DOCUMENT WITHOUT THE NEED FOR FUTURE ORDINANCE(S) ONLY IN INSTANCES INVOLVING THE TRANSITION OF EXISTING "FIREFIGHTER/EMT/ ENGINEER" POSITIONS TO "FIREFIGHTERfPARAMEDIC" POSITIONS AS DISCUSSED DURING THE FY 97/98 BUDGET PROCESS PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Nay Board appointments. Mayor Dale reported Richard Schultz would like to be re-appointed to the Central Examining Board upon the expiration of his term on April 13, 1998. Commissioner Eckstein moved to re-appoint Richard Schultz to the Central Examining Board. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Condemnation Status Report. Charles Rowe, Community Development Director, reported a letter has been received from Tumer Clayton, Jr., the owner of property at 1011 Holly Avenue, Condemnation No. 97-19, requesting an additional extension of his current extension which ends March 12, 1998. All work has been completed but an inspection has not be done, and he would like the additional extension as a safeguard should additional work need to be done after the expiration date. Staff concurs with the recommendation to authorize an additional thirty day extension. Commissioner Eckstein moved to authorize a thirty day extension for Condemnation No. 97-19. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mr. Rowe reported the property at 2606 Hiawatha Avenue, Condemnation No. 97-6, has changed ownership and the Department of Urban Development now owns the property, but it is in the process of being sold to Freedom Trust. The Department of Urban Development is asking for an extension of thirty days because if the City goes ahead with the condemn~,~,:~nd removes the structure from the property, Freedom Trust will back out of the sale. Commissioner Eckstein Fed to authorize a thirty day extension on Cond~innation No. 97-6. Seconded 6y Commissioner Williams and carried by vO~e of the Commission as follows: F-718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR 137. MEETING March 9 98 19-- Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mr. Rowe reported on property at 210 South Virginia Avenue, Condemnation No. 97-23. He spoke with the attomey for Norwest Mortgage, who now owns this property, advising them of the action he was recommending tonight, and asking for a letter requesting an extension, because he feels this property is very salvageable. The City has received no communication from Norwest Mortgage. Commissioner Lessard reported he was at the sale of this property and it is about a $100,000.00 piece of property that just needs some paint and some minor repairs. Commissioner Eckstein moved to table this issue until Mr. Rowe can contact Norwest Mortgage and inform them it will be demolished if no request for extension is made. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consent A~enda. Commissioner Lyons moved to remove items F, adoption of Police Department General Orders and J, street closures in conjunction with 12th Annual PVA Bass Tournament from the Consent Agenda, to be voted on separately. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Williams moved to remove item E, request to expend LETF funds in the amount of $8,000.00 for fitness equipment for Crooms Academy from the Consent Agenda and vote on it separately. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lyons moved as follows: To accept the only bid which met specifications on Proposal Number RFP97/98-45, Karate Class Instructor, from Darryl Dziedzic, in total amount of 75% of participation fees. To accept lowest bid which met specifications for Bid #IFB 97/98-49, Repair/Repaint Mellonville Elevated Water Tank, from Frank Shelton Inc., in total amount of $49,800.00. To accept lowest bid which met specifications for Bid #IFB 97/98-50, Multi-Sewer Gas Detector, from Safety Equipment Company, in total amount of $2,174.00 each for two units. To acknowledge seven invoices in total amount of $224,327.81 from Ardaman & Associates, Inc. ($955.00), Prime Construction Group, Inc. ($198,678.23), Greene, Dycus & Co., P.A. ($18,426.78), Brantley & Associates ($3,334.00) and Lawrence David Interiors, Inc. ($130.80, $1,228.00, $1,575.00) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 138 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING March 9 19-- 98 1990 and November 5, 1991. To approve vouchers for February, 1998. To authorize execution of Interagency Agreement establishing the Seminole County Community Justice Coalition for the mutual public purposes and interests of numerous government entities throughout Florida, including the City of Sanford Police Department, to improve the administration of criminal justice. To approve a request for a perpetual non-exclusive fight of ingress and egress over the paved access road as it exists on Lot 1, Sanford Riverfront Project for Venture Thirty-Two, Inc.. To approve the 1998 All American Soap Box Derby Agreement. To approve Hidden Lake Phase I street resurfacing using micro-surfacing technology. To approve Right-of-Way Use Agreement for Missouri B. Swofford of 950 Grove Manor Drive, Sanford, Florida to erect a six foot wood privacy fence. To approve use of City Hall (Commission Chambers and Commission Conference Room) in 1998 for the Traffic Infraction Hearing Officer Program, as previously approved. To approve a Reclaim Water Line Easement for the proposed Towne Center Plaza development. To approve emergency water service for property lying between Ross Street and East Airport Boulevard and between Mellonville Avenue and Sanford Avenue (1220 E. Airport Boulevard), and to record the annexation petition. To approve settlement of Workers' Compensation Claims re: Ronnie McNeil ($100,000.00) and Johnnie Haddock ($115,000.00). To approve an Easement Agreement with Learning Unlimited International Schools, Inc. for temporary paving of Rantoul Lane. To approve a request to expend LEFT funds in the amount of $58,880.00 for twenty laptop computers for the Police Department Patrol Division. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request to authorize expenditure of $8,000.00 from Law Enforcement Trust Funds. Commissioner Willjams reported the City is providing $8,000.00 for fitness equipment at Croom's Academy, but the school system has an obligation to provide funds for those types of services. Commissioner Williams moved the school should match funds ($4,000.00 from the City and $4,000.00 from the school system) for this project. Seconded by Commissioner Lessard. Assistant Police Chief Whitmire reported he had worked with Dr. Blake at Crooms School on this project, and they had received their figures from Nautilus because of their reputation and because they are the only equipment manufacturer that supplies liability insurance in case someone is hurt using their equipment. The equipment would be available for students at Crooms to use, and after school the equipment would be available for any citizen of Sanford to use. This will be tied into the Police Department's "Buddies in Blue" Partnership in conjunction with the Community E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 139 March 9 19 98 Policing. This program will be supervised and part of the money for the program is coming from Law Enforcement Grant monies designated for overtime. One officer has already been sent to Nautilus to be certified to train others using their eq~pment. Commissioner Eckstein moved to table this issue. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williotas Aye Commissioner Lessard Aye Commissioner Lyons Aye Adoption of Police General Orders. On recommendation of the City Manager, Commissioner Lyons moved to approve Police General Orders 1, 13, 14, 15, 17, 18, 19, 21, 28, 31, 32, and 34 as presented to the Commission. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Street closures in conjunction with 12th Annual PVA Bass Tournament. On recommendation of the City Manager, Commissioner Eckstein approved street closures on Saturday, April 25, 1998 and Sunday, April 26, 1998 intermittently from 4:30 a.m. to 7:00 a~m. and from 2:00 p.m. to 4:30 p.m. Closures involve Seminole Boulevard from west of Palmetto Avenue to west of San Juan Avenue, Palmetto Avenue from north of Commercial Street to the Marina property, Sanford Avenue from north of Commercial Street, and the alley located between the Courthouse parking lot and Palmetto Avenue closed from west of Palmetto Avenue. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Attorney's report. No report. City Clerk's report. No report. City Mana~er's report. Mr. Simmons reported that Tajiri Arts has requested a Letter of Intent from the City to transfer the Little Red School House to them. Commissioner Williams moved to authorize a Letter of Intent subject to Staff review. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Commissioners' reports. Commissioner Eckstein - No renort 140 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING March 9 1998 Commissioner Willjams - Reported she had received a request from Mrs. Bentley, an instructor at Crooms Academy, requesting the Commission to provide a Proclamation for March 31, 1998 as Children's Day. Mayor Dale agreed to present the Proclamation to Mrs. Bentley. Commissioner Lessard - No report. Commissioner Lyons- Reported concern over the steps the Airport Authority is taking in regards to reviewing candidates for the Executive Director position. Commissioner Eckstein reported it is up to them as a Board who they hire or fire. They seem to have some concern that Mr. Cooke is not doing the job he is supposed to be doing, or not doing the job the customers want. Commissioner Lyons reported the Board is trying to write a job description to essentially cancel someone's contract, which is not the way things should be done. Mayor Dale reported the chairman of that Board had appointed a sub-committee of four people to review the Executive Director position and his contract, and they did that and brought it back to the Board of nine to be voted on. Commissioner Lyons reported that the Commission should have been kept informed of the proceedings all along. Mayor Dale - No report. There being no further business, the meeting was adjourned. Attest: mr