Loading...
020893-Regular MeetingMINUTES City Commission, Sanford, Florida Reqular Meetin~ February 8 19 93 Monday, February 8, Sanford, Florida. Present: The City Commission of the City of Sanford, Florida met in Regular Meeting on 1993 at 7:00 o'clock P.M. in the City Commission Room, City Hall, Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner A. A. McClanahan 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. Public Hearing to consider an Appeal of the Denial of a Conditional Use for an Automotive Dealer Sales and Automobile and Truck Repair and/or Welding Establishment at 1901 Country Club Road, in a GC-2, General C~Lu.ercial, Zoning District, as advertised in the Sanf~rd Herald on January 28, 1993. City Clerk reported that the notice of public hearing was posted on January 28, 1993, and the owner notified on January 13, 1993. City Attorney reported that the Commission will consider whether there is competent and substantial evidence to support the Planning and Zoning Commission's decision, whether the applicant was provided procedural due process, and whether or not the Planning and Zoning Commission departed from essential requirements of the law. Further, the Commission will be limited to review of the testimony and evidence entered into the record and presented at the Planning and Zoning Commission Meeting of December 17, 1992, the Minutes of said Meeting, and Staff's recommendations. Also, the Commission cannot take into consideration any new evidence. The Chairman announced that the Commission would hear from those persons present to speak regarding said appeal. Meris Bereks, applicant, appeared and reported that he would like to use this property for automobile sales and repair with some ornamental welding, which Planning and Zoning misUnderstood to mean welding on cars, and that he would like to present some pictures to show the type of welding work he does, but cannot because this would be considered new evidence. City Attorney reported that the Planning and Zoning Commission's denial was based on incompatibility with the area and included Staff's recommendations. Further, if the applicant wants to do something other than originally requested, he should submit a new application to the Planning and Zoning Commission. Director of Planning and Development Jay Marder reported that Staff's recommendations and findings do not address the City's Comprehensive Plan specifically, but generally fall within policies regarding land use compatibility in protecting residential areas from incompatible non-residential activity. The Commission reviewed the testimony and evidence contained in the record created before the Planning and Zoning Board, and concluded that the proposed use was incompatible with the residential uses already established in the area. Commissioner McClanahan moved to find that there was competent and substantial evidence to support the Planning and Zoning Commission's decision, that the applicant was provided procedural due process, and that the Planning and Zoning Commission did not depart from essential standards of law. Also, to deny the request for conditional use for the ~ro~ertv located at 1901 Country Club Road. and to adopt the FindinGs of Fact. Conclusions MINUTES City Commission, Sanford, Florida Regular Meetin,q February 8 19 93 of Law, and Order attached hereto and made a part of these Minutes as though fully and completely set forth in these Minutes. vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Nay Public Hearing to consider second reading and adoption of Ordinance No. 3144, in the Sanford Herald on January 28, 1993. Ordinance No. 3144, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3075 AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY TO ABOLISH ONE "POLICE CAPTAIN" POSITION AND TO ESTABLISH ONE "POLICE OFFICER" POSITION AND ONE "DATA PROCESSING OPERATOR/PROGRAMMER" POSITION PROVIDING FOR SEVERABILITY, CONFLICTS, ANDEFFECTIVE DATE. as advertisea introduced and placed on first reading at meeting of January 25, 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. 3144. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. Seconded by Commissioner Eckstein and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye CommiSsioner Howell Aye 3144. follows: Applications for Determining Discontinued Nonconforming Use, (4 residential units in a single structure in a single-family zoned area) at 507 Oak Avenue and 515 Elm Avenue. The Chairman announced that the Commission would hear from any owners, representatives, or interested parties regarding 507 Oak Avenue. No one appeared. City Manager reported that the electric service account at said location has been closed since June 9, 1992, which exceeds the six (6) month period. On recommendation of City Manager, Commissioner Howell moved to declare that the property located at 507 Oak Avenue is no longer a lawfully existing nonconforming use, and to terminate said nonconforming use based on electric service and utility service accounts closed June 9, 1992, and unmaintained and unsightly condition of property. 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 Nay Commissioner Howell Aye The Chairman announced that the Commission would hear from any owners, representative or interested parties regarding 515 Elm Avenue. No one appeared. City Manager reported that this property is indicated as a five-plex unit, that electrical service on four of the five units was discontinued at various times, that no more than one unit was functioning at one time, which would indicate discontinuance of a multi- family use. CITY COMMISSION CITY OF SANFORD. FLORIDA PUBLIC HEARING IN RE: REQUEST FOR A CONDITIONAL USE - 1901 COUNTRY CLUB ROAD The City Commission, based on the clear and convincing evidence contained in the record created before the Planning and Zoning Commission on December 17, 1992, makes the following FINDINGS OF FACT, CONCLUSION OF LAW and enters the .following ORDER: FINDINGS OF FACT (1) That the property located at 1901 Country Club Road is zoned GC-2, General Commercial, and includes a small existing building located centrally on the 15,625 square foot site and fronts two local streets. (2) That the property is adjacent to a convenience store and vacant lands zoned RC-1, Restricted Commercial. (3) That the property is adjacent to various single family dwellings zoned SR-1, Single Family Residential. (4) That an industrial area that includes various wholesale and manufacturing facilities zoned RI-l, Restricted Industrial, and MI- 2, Medium Industrial, is located west of the property. Automobile repair and equipment repair activities are also located in the general vicinity of this primarily industrial and commercial area. (5) That the requested Conditional Use of automobile sales and service or an iron welding shop is incompatible with residential uses already established in the immediate area. (6) That welding and automobile repair activities are already more appropriately located in the nonresidential area west of the property. (7) That for the above-stated reasons, the requested Conditional Use Permit is adverse to the public interest of the City of Sanford. CONCLUSION OF LAW (1) That Petitioner's application is incompatible with residential uses already established in the immediate area. (2) That the location of the requested Conditional Use Permit is adverse to the public interest of the City of Sanford. ORDER THEREFORE IT IS ORDERED that Petitioner's request for the Conditional Use Permit is denied. DONE and ORDERED this .//~ ATTEST: day of February, 1993. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to MERIS~REKS, 147 South Lakeview Drive, Longwood, Florida 32750, this //~ day of February, 1993. MINUTES City Commission, Sanford, Florida Regul ar,-Meetinq 515 February 8 19 93 Ci~.9~Clerk reported that the property owners of 515 Elm Avenue and 507 Oak Avenue were notified of this Meeting via Certified, Return Receipt Requested Mail, and that the Return Receipt was signed and returned regarding 515 Elm Avenue; but not for 507 Oak Avenue. On recommendation of City Manager, Commissioner Howell moved to declare that the property located at 515 Elm Avenue is no longer a lawfully existing nonconforming use based on electric service accounts closed in 1991, and vacant and unmaintained condition of Seconded by Commissioner Thomas and carried by the vote of the Commission as property. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Nay Commissioner Howell Aye Request from Frances Schembri, Store Manager~ K-Mart, for approval extension of Tent Permit, and authorization to park twenty-five (25) of thirty {30) day trailers in the K- Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request for Special Event Permit from First Baptist Church, for Law Enforcement Demonstration, Displays and BBQ on Saturday, March 13, 1993, from 8:00 A.M. until 5:30 P.M. at Fort Mellon Park; request includes request to close San Juan Avenue between Seminole Boulevard and First Street; use of City barricades, and to hang a banner across First Street. Mayor Smith stated that she is a member of the First Baptist Church. City Attorney reported that being a member of said church does not disqualify Mayor Smith from voting. On recommendation of Acting City Manager, Commissioner Eckstein moved to approve the Special Event Permit, as requested. 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 Proposal from Ed Preston & Associates~ Inc. regarding Waterfront DeveloDment Pro~ect, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner McClanahan moved to authorize execution of Letter of Agreement with Ed Preston & Associates, Inc., in amount of $5,000.00, for planning services associated with said Waterfront Development Project, with funding from Department of Engineering and Planning's FY 92/93 Architectural and Engineering Services Budget. 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 Nay Mart/Food Lion parking lot, until completion of construction expansion .pro~ect. On recommendation of Acting City Manager, Commissioner McClanahan moved to authorize a 30 day extension of the Tent Permit, and to approve the request to park twenty-five (25) trailers in the K-Mart/Food Lion parking lot, from February 8 through March 30, 1993, as requested. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: 516 MINUTES City Commission, Sanford, Florida Regular Meeting February 8 19 93 Condemnations. ae Status Report of all current and pending Condemnations. acknowledged; no action required or taken.) (The Commission Request for Time Extension regarding Condemnation Report ~90-8, 412 Cypress Avenue, K.S. Johnson, Heirs/Ruth J. Allen. On recommendation of City Manager, Commissioner Howell moved to authorize a sixty (60) day time extension for same. Seconded by Commissioner McClanahan 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 for Time Extension reqarding Condemnation Report %91-16, 1800 West Airport Boulevard, Johnny Walker/Robert C. Johnson, owners. City Manager reported that approximately one year ago, the Commission authorized a one year stay of action on the condemnation of this property, conditioned upon owner(s) keeping the building secure and the grounds maintained. Further, the owner has kept this property boarded up and the grounds relatively neat, other than a hedge row along Airport Boulevard. Also, according to Land Development Regulations, this building is essentially uncompletable; all building and site permits are expired, and there is not sufficient land to allow the site plan to be approved for full use of the building as partially constructed. Further, it is not in the best interest of the City to continue this year-by-year extension of an unsightly building, and recommended that either the owner be given a three (3) month extension to present a plan for an alternative use or reduced use for said property, or proceed with condemnation action toward demolition of the building recognizing that said building cannot be developed in its present state. Also, if the Commission wishes to authorize a three month extension, owner should be required to mow the property along the Airport Boulevard property line, to remove old fencing, and to take down the palmettos. Commissioner Howell moved to authorize Staff to immediately proceed with the condemnation process regarding Condemnation Report 991-16, 1800 West Airport Boulevard. Said motion died for lack of a second. City Manager reported that in January of 1992, the Commission approved the removal of this property from the condemnation list, that if the consensus of the Commission is to resume the condemnation action, he will need to research the action taken at that time to determine where in the process this property needs to be reinstated. Commissioner McClanahan moved to authorize a three (3) month extension, for owner to present an alternative use or reduced use plan for the property located at 1800 West Airport Boulevard, conditioned upon owner(s) mowing the property along Airport Boulevard, removing old fencing and taking down the palmettos. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Nay Requests for Demolition of Structures. (.1) Condemnation Report %92-15, 708 Palmetto Avenue, James Melvin, owner. (2) Condemnation Report ~92-18, 710 Pine Avenue, Levy Stanford, owner. City Attorney reported that the costs associated with a title search could probably be included in the lien; said cost is between $75.00 and $100.00. MINUTES City Commission, Sanford, Florida Re§u] ar Meeti nq 517 February 8 19 93 On recommendation of City Manager, Commissioner Thomas moved to authorize the Public Works Department to demolish structures (1) and (2), above, upon completion of title search. Seconded by Commissioner McClanahan 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 1106 West First Street. Commissioner Eckstein reported that he received a call from Kirby Moncrief, Trustee for the above referenced property, and that he is trying to obtain ownerShip of the property, for utilization as a law office. Further, the time extension for this property expires February 15, 1993, which is prior to the next City Commission Meeting. City Manager reported that there is sufficient time for Mr. Moncrief to request a time extension, in writing, before any further condemnation action is taken regarding this property. Request from Seminole County regarding Upsala Road/Central Park Drive Improvements. On recommendation of City Manager, Commissioner McClanahan moved to authorize payment of actual cost in amount of $60,383.25 vs estimated cost of $54,180.00 ($6,203.25 additional). 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 Transportation Consulting Services for Joint City-County Study. On recommendation of Acting City Manager, Commissioner Howell moved to approve City participation with Seminole County, and to hire Consultant to provide Transportation Consulting Services; Consultant's fee of $5,000.00 to be evenly split between Seminole County and the City. 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 Board appointments/re-appointments. Cemetery Advisory Committee: City Clerk reported that the terms of Bernard Mitchell and Bette Gramkow expire March 12, 1993 and March 27, 1993, respectively, and that Bette Gramkow and Bernard Mitchell would like to be considered for re-appointment. Commissioner Thomas moved to re-appoint Bette Gramkow and Bernard Mitchell to the Cemetery Advisory Committee. Seconded byCommissioner 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 Be Central Examining Board: City Clerk reported that there is one vacancy for term to expire January 10, 1993, and that the Building Official reports that Elmer Smith is willing to serve on the Central Examining Board. Commissioner McClanahan moved to appoint Elmer Smith to the Central Examining Board. 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 518 MINUTES City Commission, Sanford, Florida Regular Meeting February 8 19 93 Code Enforcement Board: City Clerk~reported that Bernard Mitchell is an Alternate Member on the Code Enforcement Board. Commissioner Howell moved to reconsider the appointments of Ken Powell and George Miles, which were made at the January 25, 1993, Regular Meeting. 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 Commissioner Howell moved to rescind the appointments of Ken Powell and George Miles, which were made at the January 25, 1993, Regular Meeting, and were based on erroneous information. Seconded by 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 Commissioner Howell moved to appoint Bernard Mitchell as a Regular Member, and George Miles and Ken Powell as Alternate Members to the Code Enforcement Board. Seconded by Commissioner Eckstein 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 Consent Agenda. A. Requests for payment of statements. (1) From Ardaman & Associates for: (a) Groundwater Monitoring at Mayfair Golf Course ........ $ 394.00 (b) Groundwater Monitoring at Site 10 .................... $2,334.67 2) From Lochrane Engineering, Inc. for Engineering Design, Silver Lakes Elevated Storage Tank ........................ $4,990.00 B. Tabulations of Bids. (1) Bid #92/93-25, Backflow Preventer Test Kit (Utility Department). Acting City Manager recommended acceptance of lowest bid, which met specifications, from BAVCO, Inc. in amount of $1,228.00. (2) Bid ~92/93-28, Sports Accident Insurance (Recreation & Parks Department). Acting City Manager recommended acceptance of only bid, which met specifications, from Florida League of Cities, Inc. in estimated amount of $1,422.00; $500.00 deposit and balance to be paid at the end of 6 month policy term. C. Approval of Vouchers for the Month of January, 1993. D. Approval of Minutes Of January 11, 1993, Work Session; January 11, 1993, Regular Meeting; January 25, 1993, Work Session, and January 25, 1993, Regular Meeting. On motion of Commissioner Thomas, seconded by Commissioner Eckstein 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 the Commission: A. Approved payment of statements (1) and (2). B. (1) Accepted lowest bid, which met specifications, from BAVCO, Inc. in amount of $1,228.00. (2) Accepted only bid, which met specifications, from Florida League of Cities, Inc. in estimated amount of $1,422.00; $500.00 deposit and balance to be paid at the end of 6 month policy term. C. Approved Vouchers for the Month of January, 1993. MINUTES City Commission, Sanford, Florida Regular Meeting 519 February 8 19 93 Approved Minutes of January 11, 1993, Work Session; January 11, 1993, Regular Meeting; January 25, 1993, Work Session, and January 25, 1993, Regular Meeting. Information regarding lump sum contracts. The Commission acknowledged nine (9) contract invoices approved for payment totalling $61,438.45. lump sum Proposed Position Description Revisions regarding Police-Chief and Fire Chief, as discussed at tonight's Work Session. Commissioner McClanahan moved to authorize Staff to proceed with 'modification of Ordinance No. 3075, Classification and Pay Plan, to insert language, as described in memo dated January 26, 1993, from Personnel DirectOr under "essential minimum qualifications", and whatever action City Attorney deems necessary to change said ordinance. City Attorney stated he understands the foregoing to be instruction to the City Attorney and Staff to review the options and necessary procedures and submit same to the City Commission; and that he will proceed with said review. After discussion, the Commission authorized City Attorney and Staff to review the options and necessary procedures, and provide same at the February 22, 1993, Work Session. Police and Fire False Alarm Fee Ordinancest as discussed at tonight's Work Session. Commissioner Thomas moved to waive all Police and Fire False Alarm Fees incurred prior to January 25, 1993, and to refund all such fees which have already been paid. 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 Grant Amendment No. 3 to Florida Department of Environmental Regulation Grant %586110 in amount of $3,000,000.00, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Thomas moved to authorize City Manager to execute Grant Amendment No. 3, to Florida Department of Environmental Regulation Grant %586110, in amount of $3,000,000.00, to change the Scope of Work thereby deleting all work associated with Contract IV, Hayfield Development and Irrigation System relative to Site 10. Seconded by Commissioner Eckstein 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 AUdience Participation. Leon Brooks, 1405 Valencia Court East, appeared and asked City Manager how money is generated by the average household. City Manager reported that sources for generating revenue include ad valorem taxes, utility taxes, and franchise fees. Mr. Brooks stated that he is a tax payer and revenue generator for the City of Sanford, and that he does not feel he is getting his monies' worth. Further, how can the Commission allow the Seminole County School Board to make unilateral decisions to have year- round school in this community without citizen inputs. Further, kids will be out of school three weeks at a time, and the Commission should be actively finding out how they will be impacted bythis. Further, Bernard Mitchell previously requested City Commission assistance regarding the drug problem in the Goldsboro area. MINUTES City Commission, Sanford, Florida Reg~l ay Mo_etin9 February 8 19 93 Mildred Godfrey, 1600 West 12th Street, appeared and reported that she has experienced the same problem Mr. Brooks spoke about, that she has reported drug sales in the neighborhood and nothing was done, and requested assistance from the Commission regarding said problem. Elijah Richardson, 601 South Sanford Avenue, appeared and reported that he has witnessed drug transactions in his driveway, that he has made calls regarding same, and that the situation is being ignored. Also, he is paying taxes for law enforcement to protect the citizens, and that he wants something to be done about the problem. Bernard Mitchell, 1327 Douglas Street, appeared and asked the City Commission if they are really concerned about the drug situation in his neighborhood. Further, he witnesses drug transactions every day, and that the timeframe for police response is too long. Commissioner Eckstein asked Mr. Mitchell to write down the time, the person he spoke with, and how long it took the police to respond, the next time he makes such a call. Also, to provide the Members of the Commission with said information, and the Acting Police Chief will be asked to explain unnecessarily long response times. Acting Police Chief reported that negotiations are continuing with respect to HUD monies. Mayor Smith reported that she attended, at her own expense, a conference in St. Petersburg on January 29, 1993, regarding street crime, and that she did so because she cares. Further, by October of '93, the prison system will be in absolute gridlock. Also, she does not have all the answers, that there is not enough money to pay enough police officers to stop this, and that police efforts alone will not solve the problem. Mayor Smith challenged everyone in the audience, who has a solution to this problem, to provide the Commission with same, and stated that she will find out whether or not it is something the Commission is legally capable of doing. Pat Mitchell, 1309 Mellonville Avenue, appeared and reported that maybe the situation would improve if the Commission would stop allowing beer and wine stores to open. Dorothy Gibson, 1502 West 12th Street, appeared and reported that she lives in back of the store on 13th Street, that she is disturbed by loud noises and the use of profanity during the early morning hours. Further, drug addicts use the building next door to the church as a bathroom. Also, she too has seen the sale of drugs in front of her home. Acting Police Chief Russell reported that the police cannot enforce the loitering ordinance because the store owner has given those individuals permission to be on the premises, and has requested that the police leave those individuals alone. Linda Williams, 830 Valencia Court North, appeared and reported that her son was accosted on his way home this evening, that he had two gold chains removed from his neck, and that people of better income are targets for those who want something for nothing. There being no further business, the meeting was~d'~~ ~~c~ - MA~/OR ~' ' Attest: City Clerk'