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121988-Workshop Session536 MINUTES City Commission, Sanford, Florida December 19, 1988 The Ct'by Commission of volunteer service. o'clock P.M. on December 19, 1988. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Bob Thomas Commissioner A.A. McClanahan City Manager Frank A. Faison City Clerk H.N. Tamm, Jr. Absent: City Attorney William L. Colbert The meeting was called to order by the Chairman. The the City of Sanford, Florida, met in Workshop Session in of Sanford, Florida, at Chairman presented plaques from the recent Recognition Dinner in honor of Plaques were presented to the following: Altamese Bentley Charles J. "Kit" Carson Glen Domen Harry Ellis Hortense Evans Phil Gonzalez Human Relations Advisory Board Scenic Improvement Board Code Enforcement Board Adult Congregate Living Community Planning and Zoning Commission Minimum Housing Board of Adjustment and Appeals The Chairman introduced Philip H. Chesnut, President of Seminole National Bank. Mr. Chestnut explained he was appealing the Historic Preservation Board's decision regarding the proposed sign for the front of his new bank building at the Southeast Corner of First Street and Myrtle Avenue. He stated that the Board suggested the sign be reduced 25%, and also lowered to 9'10", and that they cited the sign as "not in keeping with the Historical District in that the sign would be taller than the building next door. Commissioner Mercer stated he had talked with members of the Historic Preservation Board and that he felt that until the Commission gives the Board further direction, the Commission should uphold the Board's decision. Cal Conklin, a member of the Historic Preservation Board, appeared and stated that the Board is only trying to uphold the "Historic District look". He stated that as an alternative, the Board recommended a lower ground sign. Mr. Chesnut stated that the Bank did net wish to install a ground sign, and that by doing so, would be in direct conflict with the City's sign ordinance, and further that he would have to go before the Board of Adjustment, then back to the Planning and Zoning Commission since the sign previously approved would not be what he would be installing. Director of Engineering and Planning recommended that Mr. Chestnut request to be put on both the Board of Adjustment and Planning and Zoning Commission Agendas as he was not sure of their schedules and did not wish to further delay Mr. Chesnut's completion and bank opening. Commissioner Thomas questioned whether or not the sign would really "clash" with others in the historic district, namely along First Street. Mr. Conklin stated that there were some prior existing signs along First Street of the same caliber, but questioned "where do you draw the line"? The Commission reqeusted the item be put on the Agenda for December 27, 1988. the City Manager's Conference Room of the City Hall in the City 4:00 MINUTE S 7 City Commission, Sanford, Florida December 19, 19 88 The next item of business was a review of litigation between the City of Sanford Lake Monroe Marina, Inc. and Starline. The Director of Engineering and Planning stated had met with Charles Volk on December 7, 1988 and subsequently submitted the following ~emorandum to the City Manager dated December 13, 1988. MEMORANDUM FROM: .'?';5!i;~ JECT: File Director of Engineering and Planning Marina Maintenance and Operation Responsibility December 13, 1988 On December 7, 1988 I met with Mr. Charles Volk, Operator of Lake ~onroe Harbour, Inc. for the purpose of discussing "fu<ther elab- oration'' as specified in the proposed settlement agreement of November 30, 1988, Attachment 1. this meeting I presented to Mr. Yolk a copy of the attached d~;:~.ft titled Marina Responsibilities '(Attachment 2), which I had ~.~:'eviously prepared. (Although not on the original list, Item 9 ~:<~nce Office Building" was added. I have subseqently filled in -.ianks regarding block descriptions in Item 5, A, C, and D.) The following sub paragraphs indicate my understanding of Mr. Volk's position relative to the various Marina responsibilities specified on Attachment 2 and include my observations and opinion ~...~here appropriate. 1. Boat ramp maintenance and repair including finger piers, concrete, and lake bottom near the boat ramp - Mr. Volk feels that since this ramp functions as a "public" faci- lity wherein he has no control of its use, that main- tenance and repair should be City responsibility. He notes that in the past the City has performed maintenance and repair. Comment: The lease and modification of lease appear to be give leasee responsibility for normal maintenance as well as further responsibility for correc- tion of any damage occurring as a result of acts of the leasee, its agents, servants, employees or invitees. "Normal maintenance" is not further defined. Maintenance and repair of the ramp as result of general deterioration or toe undermining is, of course a subject of the ongoing law suit. I suspect that the only basis upon Mr. Volk would agree to accept this more specific maintenance and repair responsibility would be his receipt of control of the use of the ramps. The passing of this control is not recommended. Alternatives appear to be either acceptance of continued City maintenance responsibility for the ramp, pursuit of present litigation, or perhaps some splitting of future costs between City and leasee based on a specific formula, recognizing mutual benefit of repairs. ~ Nb~ ~.c~. 2. Dredging - east and west basins, Romance berth area and channels. Mr. Volk - City dredged east a~d west approxi- mately 5 years ago as result of the feeling that basins were too shallow. Mr. Volk obtained all permits. He states that his harbour master routinely performs sounding of the basins, and that the recommended project depth should be 3.5 feet + 1 foot below mean lo~ water (MLW). He feels that f~ture maintenance dredging to maintain the basins should be City responsibility because a primary source of siltation within both basins is "the large amount of material carried into the basins by existing storm drains outlets along the seawall". Comment: While the storm drain out falls may contribute limited amounts of material to the boat basins, I feel that the primary source of shoaling within the basins is probably the result of prop-wash moving material around within the basins, creating shoals ~n certain locations and deep holes in other iocations. Long term fluctuation of Lake Monroe water level is another obvious factor. Mr. Volk acknowledges the responsibility for additional dredging to provide necessary operation depth below pro- 3ect depth for the Romance in its berthing area and ingress/egress channel. MINUTES City Commission, Sanford, Florida December 19, 1988 Marina piers, including water, electric, and berth covers where existing - Mr. Yolk has performed maintenance and repair in the past, and will continue to do so. e Parking lots, including paved surface, signage, and striping - It is Mr. Volk's position that he should have no responsibility for maintenance of parking lots other than those located within block 8 (See Attachment 3) (the site of dry storage building), unless he is given full authority to control and regulate ingress, egress, and utilization of such parking lots. He feels that since these parking lots are "open to the public" their main- tenance and repair should be City responsibility. He notes that in the past City has performed all maintenance and has regulated parking and utilization. Comment: Ther% is only limited "public" parking contained in blocks 6 and 7, addressed by the Marina operating franchise of December 31, 1968, and none in Blocks 4 and 5. The bulk of public parking on the Marina is contained in block No. 1. I concur generally with Mr. Volk's feeling regarding responsibility for maintenance of "public" parking lots. I do not recommend giving him authority to regulate ingress, egress and usage as a means of transfering the maintenance responsibility since to do so would essentially destory the "public" nature of the facility. Beach maintenance - Mr. Volk indicates he has performed beach maintenance within block 8, and to some limited extent along the easterly end of block 1. He notes that the City has performed all remaining beach maintenance along the east and north sides of block 1. He feels this division should continue. Comment: I concur in con- tinuation of this division of responsibility with respect to the City and Mr. Volk. Landscaped area - Mr. Volk feels that the City/Scenic Improvement Board should "continue" to provide main- tenance in landscaped areas. Comment: Although the City has been provided mos~'landscaping maintenance and impro- vements, I feel that this xs an area fairly well addressed by the lease and the operating franchise as a lessee/franchisee responsibility. The lease and modifi- cation lease state in part "leasee shall maintain landscaping upon the demised premises as is necessary to make such premises as aesthetically attractively as possible." These nogotiations offer the City an oper- tunity, if we desire, to reestablish lessee responibility in this area rather than perpetuate previous City performance of leasee responsiblity. The main entrance to the Marina and the Palmetto Avenue right-of-way are con- tained in block 1, not out leased. Landscaping actually included within the lease would therefore encompass only narrow strips along the seawalls of the east and west basins, in block 6 wherein the Romance operation is located and limited landscaping adjacent to the west side of block 7. General cleanup for out leased blocks - Mr. Volk indica- tes he has four strategically placed trash container along Palmetto Avenue near the Marina piers which he has purchased, and regularly services. All other general cleanup of "public areas" is viewed as City respon- sibility. Comment: General cleanliness of the area is to the advantage of the lessor, leasee, and subtenants of the leasee. Mr. Volk and 'operators of the Romance appear to generally maintain their immediate areas, where such maintenance is to their benefit. General cleanup and maintenance within "public areas" would appear to be beyond their responsibility unless control and regulation authority i~g~n to the leasee. The Romance Office Building, block 6 - Mr. Yolk acknowledges responsibility, together with operators, for appropriate maintenance and repair of this building and its surrounding area. Comment: It a appears that this responsibility has be satifictory exercised in the past, and is reasonably covered in the existing lease docu- ments. 3. Navigation markers and signs - Mr. Vo - agree_ .~e -: , - - provide maintenance and repair, as he has done in the past. MINUTES City Commission, Sanford, Florida December 19, 19 88 Mr. Yolk stated that he feels the responsibility of the ramp is the City's, and if ~e had control of it, it'd be an entirely different situation. He stated that, as he understands it, the litigation surrounds three problems: damage to the ramp; damage to the seawall; and holes that were blown in the basin bottom. Attorney Clay Simmons, representing Mr Volk, stated that suit asked the Star of Sanford for $7,000.00 in damages, and received an offer to settle in the amount of $10,000.00. The consensus of the Commission was to accept the $10,000.00 offer. Mr. Volk stated that if you took the $50,000.00 in damages to the ramp and spread it over 20 years life expectancy of the ramp, a reasonable figure would be $2500.00 per year. He requested that a clear understanding be between, both parties be made, and an addendum added to the Lease. The Commission requested Director of Engineering and Planning to meet with Mr. Volk and his attorney, Clay Simmons, and attempt to come to an agreement rather than litigation. A discussion regarding the funding for replacement of the Master Wastewater Pump Station, and to authorize use of State Revolving Fund (SRF) Loan and also to authorize a Rate Coverage Study to determine utility rates, was the next item on the agenda. The City Manager stated that the SRF loan was a good alternative as it had a 4.66 interest rate cap. A Rate Coverage Study to determine utility rates necessary to repay the State Revolving Fund Loan, to repay the 1876 BANs, and to maintain the required debt service coverage. The Commission requested this item to be placed on the December 27, 1989 agenda. Storm drainage conditions at the intersection of French Avenue and 24th Place was the next topic for discussion. The Director of Engineering and Planning stated that the existing trench drain is connected to FDOT drainage system and during serious storm events, discharges water from the storm drain system rather than receiving it, and that this location has been a "problem area" for several years. He stated that an addition to the north end of the existing furniture store/drug store shopping center was in site plan review, and that a considerable amount of run-off from the parking lot could be intercepted by a new trench drain significantly to the the South of the existing trench drain. This run-off could then be diverted to a retention pond now being required for the new addition. Mr. Simmons stated that the developer is willing to pay for the cost of materials in the amount of $3050, with the City to provide labor, equipment, and overhead which are essentially covered by basic departmental budget. The Commission authorized this item be placed on the December 27, 1988 agenda. A review of Land Development Fees was the next item on the agenda. Jay Marder, City Planner, gave a brief review of surrounding following renumeration: Type of Request Rezoning Conditional Use Location Sanford Seminole Co. Lake Mary 'Sanford Seminole Co. cities and municipalities. He gave the Fee Amount $75.00 $150.00 min. $250.00 $100.00 $113.00+ 540 MINUTES City Commission, Sanford, Florida December 19, ___ 19 88 Site Plan Approval Inspection Fee Vacate & Abandon Bill Simmons, Lake Mary Sanford Seminole Co. Lake Mary Sanford Seminole Co. Sanford Oviedo Director of $600.00 $25.00 $62.00+$10.00/acre $1600.00 $25.00 (per $5,000 improvements) 2% of projected cost $75.00 $200.00 Engineering and Planning, recommended the Commiss fees as proposed on Exhibits "A" and "B" ....... , as follows: EXHIBIT A FEE SCHEDULE FOR LAND DEVELOPMENT REGULATIONS CITY OF SANFORD, FLORIDA NOVEMBER 30, 1988 DRAFT Application For Proposed Amendment To Zoning District Map By Owner of 51% of Land Area Involved In Proposed Change Application For Conditional Use (1) Application For Administrative Appeal Application For Dimensional Variance Involving a One-Family Dwelling Involving Use Other Than A One-Family Dwelling Application For Declaratory Order Application For Proposed Planned Development Project Rezoning Review For Master Plan Approval (2) Development Plan Review Application For Site Plan Review Application for Engineering Plan Review Subdivision Plan Review TOTAL Application For Preliminary Subdivision Plan Review Application For Final Plat and Improvement Plan Review TOTAL Notice of Intent To Recognize Public Easement As Street For Purpose Of This Ordinance Notice of Intent to Vacate or Abandon .a Public Easement or Street For Purpose of This Ordinance Application For Waiver of One Year Required Waiting Period After Rendition of Final DeciSion By Board of Adjustment, Planning and ~oning Commission Or City Commission 100.00 100.00 75.OO 50.00 75.00 75.00 $ 150.00 $ 50.00 25.00 25.O0 50.00 $ 100.00 $ 100.00 $ 200.00 $ 75.00 $ 75.00 50.00 MINUTE S 54 ! City Commission, Sanford, Florida December 19, Application for Site Development Permit For a One-Family Dwelling, a Two-Family Dwelling or Any Improvemellt Serving Same (3) (4) For Any Use Other Than a One-Family Dwelling or a Two- Family Dwelling or Any Improvement Serving Such Use: As set forth in Schedule of Site Development Permit Fees (4) For a Driveway Only $ For Tree Removal, Protection or Replacement Only: $5.00 minimum; $5.00 per acre; maximum $200.00 Application For Temporary Construction Activities Use Permit Appticatiol% For Certificate of Completion (first) Reapplication For Certificate of Completion comprehensive Plan Document Land Development Regulations 5.00 10.00 10.00 $ .00 10.00 15.00 30.00 FOOTNOTES (1) Include additional fee required for preliminary subdivision plan review when conditional use application involves proposed preliminary subdivision plan review. (2) in addition to application fee for preliminary subdivision plan review or site plan review. Fee already incorporated into application for planned development project rezoning. (3) Except when a Building Permit is issued in which c,.ase there shall be no fee for a site development permit. (4) Unless otherwise specified. EF~IBIT B SCMEDULE OF SITE~ENT PERMIT TEES CITY OF SANFORD , ~LORI~A TOTAL VALUATION Improvement (Dollars) SO - $5,00O $5,001-S15,000 $15,001-$!00,000 8100,001-8500,000 $500,001-$1,000,000 $1,000,001-$2,000,000 $2,000,001-$3,000,000 $3,000.001-$4:000,000 $4,000,001-$$,000,000 S5,000,001-$$,000,000 $6,000,001-$7,000,000 $7,000,001-$8,000,000 $8,000.001-$9,000,000 $9,000,001-S10,000,000 Over $10,000,000 Tee [Dollars) $ 25 $ 5/1,000 $75 plus $3/1,000 over first $15.000 $330 plus $1.50/1,000 over first $~OO,O00 $930 plus $.$0/1,000 over first $500.000 $1,230 plus $.25/1,000 over firs: $I,000,000 $1.480 plus $.25/1,000 over first $2,000,000 $1,730 plus $.25/1,000 over first $3,000,000 $1,980 plus $.25/!,000 oVermfirs= $4,000,000 $2,230 plus $.25/1,000 over first $5,000,000 $2,480 plus $.25/I,000 over first $6,000,000 $2,730 plus $.25/1,000 over first $7,000,000 $2,980 plus $.25/1.000 over first $8,000,000 $3,230 plus $.25/I,000 over first~ $9,000,000 $3,480 plus $..25/1,000 over first S10,000,000 Reinspec=ion Fee $5.00 VALUATION DET.RMINATION - TO be ~etermined by project engineer's estimate or con=rac= price with proof unless under S5,000. 1988 542 MINUTES City Commission, Sanford, Florida Deflnmber 19; 19 88' Commissioner Eckstein suggested the City contact the Home Builders Association for a fee survey, and adopt fees best suited for Sanford now, and not have to revise in a few months when its deemed insufficient. The City Manager recommended the Commission adopt the fees, then review and revise them in March. The Commission requested this item be placed on the agenda for December 27, 1988. Ron Neale, Assistant Fire Chief, addressed equipment and certification of water rescue/search for $15,192.00. Chief of Police Steve Harriett stated that the Commission regarding training, and recovery, and submitted a request the nearest access for underwater rescue is Forest City, and that it was too long a time span for rescue purposes. Commissioner McClanahan questioned if there was anyway to fund this out of the existing budget or to spread it over two budgets. Chief Neale explained that his first priority, would be to obtain some scuba gear equipment and certification for at least three men, and estimated a cost of approximately $7,000.00 for equipment, training and certification for three men. The Commission requested staff to check the amount of funds in the contingency account and to place this item on. the agenda for December 27, 1989. A letter from Tony V~nDerWorp, Seminole County Planning Director concerning a review of the county funded rehabilitation program was the next item of discussion. The letter, dated November 10, 1988, alleged ineligible charging of time, lack of progress in Community Development Block Grant (CDBG) projects; charging of ineligible costs; management of rental rehabilitation program and budget deficiencies of the City managed office of CDBG. The City Manager stated that on-going negotiations with Seminole County on "supportable administrative expenses" for projects being done by contract from County pass- through Block Grants. He stated that although administrative staff funds are running out, we have taken steps to start reducing staff, but even this is inefficient with the level of funding presently existing. Commissioner Thomas stated that Richard Woods complained several times to him regarding the program being understaffed, and suggested that perhaps the lack of personnel contributed to these problems. Commissioner McClanahan stated he was not completely sure that it was not an innocent error. Mr. Simmons assured the Commission that better, more specific procedures have been put in place relative to qualifying structures for rehabilitation than were in place at the time of the Daryll Sanders case. Commissioner Eckstein reminded staff that this was not a vendetta against any individual or individual(s) and hopes that everyone understands. The Tax Increment District boundaries was the next item for discussion. The Director of Engineering and Planning submitted a Memo with various back-up materials to establish tax increment revenues for community redevelopment activities. Revenues are generated to pay for approved projects within the redevelopment area, either on a pay-as- you-go basis or as security for bonds, the proceeds of which must be used for purposes described in Chapter 163, Florida Statutes. MINUTES 543 City Commission, Sanford, Florida December 19 1988 The City Manager stated that Ken Hooper, Seminole County Administrator, will be submitting a list of questions he would like replies to in the near future concerning the tax increment district boundardies. The Commission authorized this item be placed on the December 27, 1988 agenda. The Chairman announced that due to the late time, she was requesting that the last item on the agenda, a discussion regarding inspection of rental property, be placed on the next Work Session agenda. There being no further business, the meeting was adjourned. Attest: City Clerk MINUTES City Commission, Sanford, Florida 19__ BLANK PAGE