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071293-Regular MeetingMINUTES City Commission, Sanford, Florida Regular Meeting July 19 93 ?h~ City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, July 12, 1993, at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner A. A. McCIanahan Commissioner Lon K. Howell City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Donahoe The Chairman called the meeting to order. Seat Belt Usage Recognition Award. Police Lt. Doug Bishop reported that the City of Sanford received the Seat Belt Usage 70% Plus Award, and presented Mayor Smith and Police Chief Ralph Russell with a plaque and banner regarding same. Public Hearings to consider condemnation of structures as follows: A. Report %93-01, 1300 West llth Street, Simeon Austin, owner. B. Report 993-02, 1112 West 14th Street, Edna Long, owner. C. Report %93-03, 1017 West 13th Street, Westside Improvement Association, Inc., owner. D. Report %93-04, 919 Elm Avenue, Columbus Carswell, owner. E. Report .~93-05, 1800 West Airport Boulevard, Johnny Walker, Trustee. Mayor Smith announced that the Commission would hear from those persons present to speak regarding the above-referenced structures. Johnny Walker, Trustee, 1800 West Airport Boulevard, Condemnation Report ~93-05, appeared and reported that he has owned one acre of land across the street from this property for over twenty years, which is within the 350 foot requirement for off-premises parking. Further, he previously proposed that this building be utilized as an aged, handicap, or senior citizen center, but was advised that said use would be inconsistent with existing zoning; and was also advised to seek the services of an architect for planning purposes; the architect wanted $500.00 up front to perform a survey and make recommendations, the cost of which the group could not afford. Further, the structural steel can be reinforced; the building just needs plastic surgery. Further, due to economic conditions attempts to sell the property have been unsuccessful, and they have not finished or fixed it because they don't know how a future buyer would want to use it. Reverend Player, President, Inter-denominational Ministerial Alliance, appeared and reported that the property located at 1017 West lJth Street, Condemnation Report %93-03, is under contract and is expected to close within the next 30 days, at which time they will do whatever is required to bring the property up to code. Further, the building will be developed as a cultural arts facility. Recommendation submitted from Building Official to condemn structures A, B, C and E, above, and to authorize Public Works to demolish said structures. Also, that structure D be condemned and the owner given sixty (60) days to repair. On recommendation of the City Manager, Commissioner Howell moved that finding the above-referenced structures to be unsafe, dilapidated, unsanitary or uninhabitable, that said structures be condemned, and the property owners granted a time period of 30 days in which to demolish and remove said buildings or structures or place it in a state of sound repair. Further, in the event of failure on the part of the property owners, within said 30 day time period, to effect such demolition and removal or repair, to authorize the City to demolish MINUTES City Commission, Sanford, Florida Regular Meeting &Jly 12 19 93 and remove the buildings or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner ~nOmas Aye Commissioner McClanahan Aye Commissioner Howell .~.~-~ Continn-tion of Public Hearing to consider rezoning a Dortion of property lying between the abandoned SCL Railroad right-of-way and Vihlen Road and between Upsala Road and Old Monroe Road extended southerly, from SRi-AA, Si.%gle-Family Dwelling Residential, to PD, Planned Development, tabled at June 28, 1993 Meeting. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the rezoning. Sid Vihlen, representative for David Feinberg and Mr. Dennis Bimbo, applicants, appeared, submitted and reviewed a financial report and a revised proposed development plan for Pamala Oaks subdivision. He stated that the development will consist of twenty-eight (28) single-family detached units, the purchase price is from $70,000.00 to $90,000.00, with a gross density of 5.69 dwelling units per acre on 4.9 acres, and a minimum Iot size of 4000 square feet. Further, this is a transitional property, the utilities and public services are adequate, and the future land use for the parcel is iow density residential which permits up to six (6) units per acre. Mr. Vihlen reviewed specific commitments of the developer, as described in the document executed by Mr. Bimbo and Mr. Feinberg on July 12, 1993, including: i) installation of a five foot masonry with stucco wall along the southern boundary of the project extending the depth of the first residential lot, 2) installation of a six foot high cypress fence along the remainder of the south and east property line. Mr. Feinberg and Mr. Bimbo concurred to complete the cypress fence before issuance of the first Certificate of Occupancy., 3) each residence will have an underground irrigation system, 4) no two story house will be built on lots 1, 2, 27, 28 or 15, 5) there will be a homeowners association (membership fees between $20.00 and $25.00 per month), which will maintain the entrance walls, lighting, signage, plantings, and irrigation system associated with same, 6) boat and RV storage shall be prohibited, 7) an architectural review board will be included within the homeowners association, 8) at the time of site plan approval, the City will be permitted to review conditions, covenants, and deed restrictions; with submittal of the homeowners association. Mr. Feinberg and Mr. Bimbo had no objection to incorporating many of the above referenced items as deed restrictions, and inserting a provision whereby conditions, covenants and deed restrictions will not be changed without prior approval of the City of Sanford. Dennis Bimbo appeared and reported that he has been a general contractor since 1976, that this property is in a transitional area, and that he has tried to accommodate all 13 items at issue. Further, there will be two spec houses, one of which will be used as a sales office. Alvin Lee, Jr., 830 Upsala Road, appeared and reported that he lives across the street from the subdivision in question, and that agreement has been reached regarding most of 13 items at issue, with the exception of: i) density - after the retention pond and the dedicated road right-of-way, there is only 3.37 acres left on which to build twenty-eight (28) homes; six (6) houses per acre is not safe; four (4) or five (5) homes per acre would MINUTES City Commission, Sanford, Florida 'Regular Meeting July 12 643 19 93 be acceptable, 2) entrance wall - the entrance wall should be a six foot (6t) masonry wall instead of a cypress wall running south to the east end of the property. Further, the tax payers end up with nothing from this venture. Mr. Lee submitted a signed petition in opposition to the rezoning. Sue Boso, 760 Upsala Road, appeared and reported that because there is no common area or recreational facility, and the traffic flow will be greater, children will be at risk. Commissioner Howell moved to authorize City Attorney to prepare the proper ordinance to rezone the property, with conditions and stipulations as described in memo dated July 6, 1993, from Director of Planning and Development, commitments by developer as described in the document executed July 12, 1993, and items agreed upon at tonight's meeting including 1) entrance wall shall be completed prior to issuance of first Certificate of Occupancy, 2) developer commitments will be incorporated in deed restrictions, 3) covenants and deed restrictions will not be changed without prior approval of the City Commission. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner McCIanahan Aye Commissioner Howell Aye Public Hearing to consider second reading and adoption of Ordinance No. 3161, in the Sanford Herald on July i and 8, 1993. Ordinance No. 3161, entitled: as advertised AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN COUNTRY CLUB ROADAND SUNSET DRIVE AND BETWEEN VINEWOOD DRIVE AND FOREST DRIVE, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of June 28, 1993, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3161. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3161. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Hearing to consider second reading and adoption of Ordinance No. 3162, as advertised in the Sanford Herald on July i, 1993. Ordinance No. 3162, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING ~HAT CERTAIN NORTH-SOUTH ALLEY LYING BETWEEN OAK AVENUE AND MYRTLE AVENUE AND BETWEEN 9TH STREET AND IOTH STREET; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of June 28, 1993, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3118. No one appeared. 644 MINUTES City Commission, Sanford, Florida Regular Meeting July 12 19 93 Co~.mi.~sioner Thomas moved on the second reading and adoption of said Ordinance No. 3162. Seconded by Commissioner Howell and carried by the vote of the CommisSion as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Police Department Items. A. Request for one (1) additional D.A.R.E. Police Officer. B. Request for Law Enforcement Television Network - In-Service Training. On recommendation of the City Manager, Commissioner Howell moved as follows: A) Approved one (1) presently authorized uniformed officer be assigned to the D.A.R.E. Program with the understanding that 50% of the cost for same will be funded by the Seminole County school Board. B) Approved Law Enforcement Television Network, In-Service Training at an annual cost of $5,856.00, with funding to come from the Law Enforcement Trust Fund account. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Gene Siover and Charles F. Bumgardner, to re-establishnon-conforming use status at 1219 Park Avenue, to operate an automotive air conditioning repair business (FRIGID AUTO AIR), as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to re-establish non-conforming status at said location, for operation of an automotive air conditioning repair business, conditioned upon all repair work being done inside. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from First Shiloh M.B. Church, to rescheduie Dreviousiy approved (May 24, 1993) Special Session. Session. Event Permit, from July 17, 1993 to July 31, 1993, as discussed at tonight's Work No action taken; Applicant withdrew the request, per Commissioner Thomas at Work Adoption of Resolution No. 1662. On recommendation of the City Manager, Commissioner Howell moved to adopt Resolution No. 1662, entitled: A RESOLUTION OF THECITYOF SANFORD, FLORIDA, AUTHORIZING PARTICIPATION IN THE "MAIN STREET" PROGRAM. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McCIanahan Aye Commissioner Howell Aye Request from Carmen Nesti, for waiver of required two off-dut¥~olice officers, for wedding reception on August 14, 1993 at the Civic Center. On recommendation of the City Manager, Commissioner McCianahan moved to approve waiver of one off-duty police officer; requestor to provide one officer in addition to the custodian on duty. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida Regular Meeting 645 July 12 1993 ~ayor ~mich aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Petition to Annex [water service] a ~ortionof ~ro~ertybetween East Seminole Boulevard and East Second Street and between Shirley Avenue and Crescent Boulevard, Jewel C. Williams, Petitioner. On recommendation of the City Manager, Commissioner Howell moved to authorize water service with applicant to pay all costs and fees associated with same, and to record Annexation Petition and annex property when annexable. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McCIanahan Aye Commissioner Howell Aye Request from Sarah Arnoid to install six (6) foot chain iinkfence within City right-of-way at 1117 Olive Avenue. On recommendation of the City Manager, Commissioner Howell moved to approve installation of a six (6) foot chain link fence in the Olive Avenue right-of-way. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McCIanahan Aye Commissioner Howell Aye Condemnations. Status Report of all current and pending condemnations. or taken.) (No action required B. Request for Time Extension regarding Condemnation Report %92-02, 1305 Shepherd Avenue, Carrie Williams, owner. On recommendation of the City Manager, Commissioner McClanahan moved to authorize a 60 day extension for B, above. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Emergency Water Supply Interconnect Agreement with Utiiities, Inc., of Florida, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of said Emergency Water Supply Interconnect Agreement, as revised, with Utilities, Inc., of Florida, for emergency water service for Crystal Lake System at $1.77 per 1000 gallons (outside City rate as it may be adjusted by City Commission from time to time) plus fixed monthly charges based on meter size. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Liability Insurance Options for S~ecial Events and all other rentals of City facilities, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner McCIanahan moved to expand the City's present insurance coverage with Florida League of Cities to provide this coverage. Seconded by Co.,.issionerThomas and carried by the vote of the Commission as follows: 646 MINUTES. City Commission, Sanford, Florida Requ 1 ar Meet i nq Jk~l~ ~2 19 93 Mayor ~mith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye First reading of Ordinance No. 3163. On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner ~cCIanahan Aye Commissioner Howell Aye Ordinance No. 3163, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THE 14 FOOT WIDE EAST-WEST UTILITY EASEMENTLYING ON THE NORTH SIDE OF THE PROPERTY AT 1506 MELLONVILLE AVENUE; PROVIDIN~ FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3164. On motion of Commissioner McClanahan, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3164, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 28-24, 28-25 AND 28-152.2 OF THE SANFORD CODE BY ESTABLISHING NEW WATER RATES AND SEWER RATES AND RECLAIMED WATER SYSTEM CONSUMPTION CHARGES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3165. On motion of Commissioner Howell, Commissioner Thomas and carried by the vote of the Commission as follows: seconded by Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3165, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 18, SECTION 18-38 OF THE CODE OF ORDINANCES OF THE CiTY OF SANFORD TO REQUIRE PERMITS FOR "SPECIAL EVENTS"; PROVIDING A DEFINITION OF THE TERM "SPECIAL EVENT PERMITS; REQUIRING A PERMIT FOR ALL SPECIAL EVENT PERMITS; AUTHORIZING CITY COMMISSION TO GRANT OR DENY SPECIAL EVENT PERMITS; PROVIDING FOR PENALTY; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Information from Pianning and Zoning CommissionMeeting of Juiy l, 1993, as described in memo dated July 2, 1993, from Land Deveio~ment CoordinatOr. No action required or taken. Custody Services Agreement with NationaBankof Florida, N.A. On recommendation of the City Manager, Commissioner ~omas moved to authorize execution of said Custody Services Agreement with NationsBank of Florida, N.A., and transfer of Police and Fire Pension assets from Key Trust Company of Florida, N.A. to NationsBank of Florida, N.A. as appropriate. Seconded by Commissioner McClanahan and carried by the vote of the Con,.ission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McCIanahan Aye Commissioner Howell Aye MINUTES City Commission, Sanford, Florida Reqular Meeting 647 July 12 19 93 ~onsenh Agenda. A. Request for payment of City Attorney's Statement for Professional Services for the Month of June, 1993 in amount of $11,394.45. Tabulation of Bid ~92/93-43, Scott Avenue Drainage Project Materials (Public Works Department). City Manager recommended acceptance of lower bid, which met specifications, from Southeastern Municipal Supply Company in total amount of $86,712.00. C. Approval of Vouchers for the Month of June, 1993. On motion of Commissioner McClanahan, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McCIanahan Aye Commissioner Howell Aye the Commission: Be Approved payment of City Attorney's Statement for the Month of June, 1993 in amount of $11,394.45. Accepted lower bid, which .met specifications, from Southeastern Municipal Supply Company in total amount of $86,712.00; $75,000.00 to come from Stormwater Utility Budget; the remaining $11,712.00 to be transferred within the existing budget. Approved Vouchers for the Month of June, 1993. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McCIanahan Aye Commissioner Howell Aye Audience Participation. Pat Lee appeared and asked if the Governor's Office has made a ruling relative Commissioner Howell's residency status. She stated that Commission Howell should not be permitted to vote on anything which affects her way of life. Howard Lloyd, 105 Crystal View East, one representative for Condemnation Report $93-05, 1800 West Airport Boulevard, appeared and asked what happens if/when nothing is done to this property within the allotted 30 day time period. City Manager reported that the owner(s) can request a time extension for a specific purpose. Revised City Smoking Policy, as discussed at tonight's Work Session. commissioner Howell moved to revise the City's Smoking Policy establishing a "smoke free" workplace within all City buildings/facilities, effective August 1, 1993. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McCianahan Aye Commissioner Howell Aye Ce Information regarding invoices paid during the period for previously approved lump sum contracts. The Commission acknowledged four lump sum contracts totalling $310,955.20. Request from Holiday Inn Lake Monroe, for Jet Ski Race "Hot Water Tour" on July 25, 1993, from 10:00 A.M. to 4:00 P.M. [Participants 74-100 - Pro~ected S~ectators 75-100], as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner McClanahan moved to approve Special Event Permit as requested, contingent upon on all activities, including parking, being on Holiday Inn property. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: 64B M UTES City Commission, Sanford, Florida Re§u] ar' Meeti n§ Jul St 12 19 93 City Attorney reviewed condemnation procedures. There being no further business, the meeting was adjourned. Attest"