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052295-Regular MeetingE405354 MINUTES City Commission, Sanford, Florida ReQula eet nq 619 May 22 19 9.5 mhe C%ty Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, May 22, 1995, 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 Lon K. Howell Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons Deputy City Clerk Linda L. Brace Absent: City Clerk Janet R. Dougherty The Chairman called the meeting to order. Public Hearing to consider closing, vacating and abandoning a north-south alley lying between East 4th Street and East 7th Street and between Willow Avenue and Bay Avenue. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed alley closing. The Deputy City Clerk reported that the property was posted May 5, 1995, and the owners notified May 1, 1995. Elias Caffey, 1006 East 7th Street appeared in favor of the alley vacating. Recommendation submitted from the Plans Review Committee to approve the alley vacating, conditioned upon the retention of all utility easements. On recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney to prepare the property ordinance to vacate the alley, conditioned upon retention of all utility easements. of the Commission as follows: Seconded by Commissioner Howell and carried by ~he vote Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Public Hearing tO consider changes and amendments to Schedule S of the Zoning Ordinance/Land Development Regulations regarding sidewalk displays in the Downtown Commercial H~storic District. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed changes and amendments to Schedule S of the Zoning Ordinance/Land Development Regulations. No one appeared. Recommendation submitted from the Planning and Zoning Commission to adopt the proposed changes/amendments to the Sanford Land Development Regulations, Schedule S, Historic Preservation, Section 5.0, Signs and Outdoor Sidewalk Display Regulations in the Downtown Commercial Historic District. Commissioner Howell moved to deny the proposed changes/amendments to Schedule S of the Zoning Ordinance/Land Development Regulations. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye E405354 620 MINUTES City Commission, Sanford, Florida Re,qular Nleet. J.nq May 22 19 95 Appeal of Denial of Certificate of Appropriateness by the Historic Preservation Board for curb cut and driveway approach at 1019 Magnolia Avenue. City Attorney William Colbert reported that it is appropriate to hear from anyone who wants to make a presentation, however, the City Commission can only consider those matters which were before the Historic Preservation Board. Further, at the conclusion of the hearing, the City Commission can either uphold the Historic Preservation Board's decision if there is competent and substantial evidence to support their decision, or overturn same if there is a basis to do so. Alec Then, 1019 Magnolia Avenue, appellant, appeared and reported that the purpose for appealing the Historic Preservation Board's decision is for security, and that he and his wife have been approached by strangers in the driveway asking for food and money.. Further, this request is not without precedence, and that there are numerous curb cuts in the immediate neighborhood as well as throughout the Historic District. Further, although the new ruling by the Historic Preservation Board is to deny any further curb cuts, the Board was unable to come up with an appropriate solution, and that suggested alternatives include: increase the size of the driveway off of llth Street; enlarge the concrete apron, which still places their vehicles over 200 feet from the nearest entrance to their home, or build a driveway through his back yard, which would eliminate any type of landscaping. Further, the proposed curb cut is the easiest way to get the car to the nearest doorway with minimal aesthetic effect. Also, if the City Commission upholds the Historic Preservation Board's decision it would seem to indicate that aesthetics are more important than security. Don Moore, 818 Palmetto Avenue, appeared and reported that he is a member of the Historic Preservation Board and a resident of the Historic District, and asked what the basis is for refusing the Certificate of Appropriateness. City Attorney Colbert reported that because Mr. Moore is a member of the Historic Preservation Board and was involved in the decision making process, and did not appear before the Board as an individual stating pros and cons, it is inappropriate for him to present new testimony/evidence this evening. Further, if the majority of the Commission wishes to uphold the decision of the Historic Preservation Board, it would be on the basis that the property owner acquired the property under the rules that were in effect, and that there was competent and substantial evidence to support the Board's decision, or the Commission could overrule the Board's decision based on the evidence of hardship in the form of a security risk as previously testified. Mr. Then appeared and reported that these by-laws were not in effect when he purchased the home, and that he did not receive ample notification of same. After review of the testimony and evidence contained in the record created before the Historic Preservation Board, Commissioner Howell moved to find that there was competent and substantial evidence to support the Historic Preservation Board's decision, that the Applicant was provided procedural due process, that the Historic Preservation Board did not depart from essential standards of law, that curb cuts are prohibited in the Historic District, and to uphold the Historic Preservation Board's decision to deny the Certificate of Appropriateness. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: E405354 MINUTES City Commission, Sanford, Florida Regular eetinq 621 May 22 1995 Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner Howell· Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3256, as advertised in the Sanford Herald on May 11, 1995. Ordinance No. 3256, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT CERTAIN EAST-WEST ALLEY BETWEEN WEST 7TH STREET AND WEST 8TH STREET AND BETWEEN OLEANDER AVENUE AND MANGOUSTINE AVENUE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE .DATE. introduced and placed on first reading at meeting of May 8, 1995, 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. 3256. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3256. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoDtion of Ordinance No. 3257, as advertised in the Sanford Herald on May 11, 1995. Ordinance No. 3257, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3087, TO PROVIDE AN AFFORDABLE HOUSING EXTENDED PAYMENT ALTERNATIVE FOR CITY IMPACT FEES; PROVIDING APPLICATION PROCEDURES; AUTHORIZING THE CITY COMMISSION TO APPROVE RESIDENTIAL DEVELOPMENT FOR PARTICIPATION IN THE AFFORDABLE HOUSING EXTENDED PAYMENT ALTERNATIVE FOR CITY IMPACT FEES; DEFINING QUALIFIED AFFORDABLE HOUSING FOR BUYERSAND SANFORD RESCUE OUTREACH MISSION; AUTHORIZING CITY MANAGER TO ENTER INTO EXTENDED PAYMENT AGREEMENTS WITH QUALIFIED AFFORDABLE HOUSING BUYERS AND THE SANFORD RESCUE OUTREACH MISSION; PROVIDING FOR COLLECTION OF DELINQUENT FEES, THE FILING OF A CLAIM OF LIEN, FORECLOSURE; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of May 8, 1995, 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. 3257. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3257. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Requests for Right-Of-Way Use Permits. A. Request from William Langley for a Right-Of-Way Use Permit to install a picket fence within the City right-of-way at 2036 Jefferson Avenue. On recommendation of the City Manager, Commissioner Thomas moved to approve the right-of-way use as requested, and to authorize execution of a Right-Of-Way Use Agreement for same. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: E405354 622 MINUTES City Commission, Sanford, Florida ReQular NeetinQ May 22 19 95 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye B. Request from Victor Richburg for a Right-Of-Way Use Permit to install a concrete loading dock at 115 North Laurel Avenue (Tucker's Farm and Garden). On recommendation of the City Manager, Commissioner Thomas moved to approve the right-of-way use, and to authorize execution of a Right-Of-Way Use Agreement prior to construction. Seconded by Commission Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from Sanford Main Street for Right-Of-Way Use Agreement for a Farmers Market in Magnolia Square and in the 75' of Magnolia Avenue right-of-way immediately south of Magnolia Square. The City Manager recommended that approval of the right-of-way use be limited to Magnolia Square and a portion (12 feet) of the east/west alley immediately south of Magnolia Square to prevent blocking store entrances, and stated that Bess Simons is in agreement. On recommendation of the City Manager, Commissioner Howell moved to approve the right-of-way use for a Farmers Market; said right-of-way use to be limited to Magnolia Square and a portion (12 feet) of the east/west alley immediately south of Magnolia Square, and to authorize execution of a Right-Of-Way Use Agreement for same. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Seminole County Law Enforcement Agencies Interlocal Communication Agreement. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of the Seminole County Law Enforcement Agencies Interlocal Communication Agreement; the term of said Agreement to be five (5) years commencing October 1, 1995, with automatic renewal for successive periods of five (5) years. vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Petition for Annexation for a portion of Droperty lying between Sanford Avenue and the SCL Railroad right-of-way and between East Lake Mary Boulevard/Silver Lake Drive and North Way (1775 East Lake Mary Boulevard). On recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance to annex the property as requested. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye FA05354 MINUTES City Commission, Sanford,'Florida ReQular eet nQ May 22 1995 Designation of City representative to serve on the "Spirit of 17-92" Ad Hoc Task Force. Commissioner Lyons moved to appoint Commissioner Thomas, as City representative, to the "Spirit of 17-92" Ad Hoc Task Force. vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Interlocal Agreement providing Joint Application for N.P.D.E.S. Permit (Part 2) for Municipal Separate Storm Sewer Systems. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of said Interlocal Agreement; total project cost is $537,550.00, with the City's share in amount of $49,748.00 coming from Stormwater Utility Funds. Seconded by Commissioner Thomas and carried by the vote of the Commission as followS: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Recommendations from the Planning and Zoning Conm~ission Meeting of Thursday, May 4, 1995, as described in memorandum dated May 10, 1995, from the Land Develo~ment Coordinator. No action required or taken. Board appointments/re-appointments. Commissioner Howell moved to table consideration of board appointments/re- appointments A, B, C, and D, below. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Aye After discussion, Commissioner Eckstein moved to reconsider the aforesaid motion to table consideration of board appointments/re-appointments A, B, C, and D, below. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Nay Commissioner Lyons Aye ae Waterfront Master Plan Steering Committee: The Deputy City Clerk reported that the terms of Larry Strickler, Andrea Farmer, John D. Williams, Helen L. Stairs, Jerry W. Mills, Jami Meeks, Steve Cantwell, Eliza Pringle and Richard Fowler expire June 28, 1995. Also, per the Director of Planning and Development, all are willing to serve again, if re-appointed. Be Civil Service Board: The Deputy City Clerk reported that the term of Reverend Amos C. Jones expires June 30, 1995, and that Reverend Jones has been contacted and is willing to serve again, if re-appointed. Code Enforcement Board: The Deputy City Clerk reported that the terms of Anthony People and Bernard D. Mitchell expire June 30, 1995; both have been contacted and are willing to serve again, if re-appointed. De Planning and Zoning Commission: The Deputy City Clerk reported that the terms of Ben Dyal, Helen L. Stairs and A. A. McClanahan expire June 30, 1995, and that the Director of Planning and Development reports that all have been contacted, and are willing to serve again, if re-appointed. Commissioner Eckstein moved to re-appoint all Board/Committee Members as listed in A, B, C, and D, above. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: E405354 624 MINUTES City Commission, Sanford, Florida Regular MeetinQ May 22 19 95 mayor Smith Commissioner Eckstein Colm~issioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Nay Aye Grant Applications. Subrecipient Agreement for CDBG, HOME, SHIP grant funding in amount of $262,634.00 for 1994/95. Subrecipient Agreement for CDBG grant funding in amount of $91,699.00 for 1994/95. On recommendation of the City Manager, Commissioner Thomas moved to approve Subrecipient Agreements A and B, above, and to authorize execution of said Agreements. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request to transfer funds from the General Fund Reserves for payment of "additional billing" from the Division of Worker's Compensation. On recommendation of the City Manager, Commissioner Thomas moved to authorize Staff to transfer funds in amount of $15,764.22 from General Fund Reserves to cover additional billing from the Division of Worker's Compensation for the billing period of October 1, 1993 through September 30, 1994. Seconded by Commissioner Eckstein and carried by the vote of the commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request to transfer funds from the General Fund Reserves for Florida League of Cities adjusted audit billing. On recommendation of the City Manager, Commissioner Eckstein moved to authorize Staff to transfer funds in amount of $7,214.00 from General Fund Reserves for Worker's Compensation excess insurance final audit billing for FY 93/94 fund year. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Recommendations for Welcome Sign Displays. On recommendation of the City Manager, Commissioner Eckstein moved to approve Welcome Sign Displays as described in memorandum dated May 2, 1995, from Recreation and Parks Director. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Mayor Smith reported that City Commission approval of Welcome Sign Displays is not necessary, and that same can be provided as information only. Consent Agenda. ae Requests for payment of statements. to pay. City Manager recommended authorization From Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick for professional services from 4/13/95 through 4/28/95 .............................................. $ 1,981.70 (2) From City Attorney for professional services for the Month of April, 1995 ......................................... $12,872.04 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting 625 May 22 From Universal Engineering Sciences for testing services re: St. Johns Parkway East Utility Extension/Towne Center Mall Improvements ............................................ $ 2,349.00 Approval of Minutes of April 24, 1995, Work Session, and April 24, 1995, Regular Meeting. Tabulation of Bid ~94/95-42, Community Development and Utility Counter Relocation (Community Development Department). City Manager recommended acceptance of the lower bid in amount of $4,037.00, plus $1,400.00 for additional lamination and carpet repair, with funding to come from City Manager's Contingency Fund. 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 Howell Aye Commissioner Lyons Aye the Commission: Information contracts. Authorized payment of statements (1), (2), and (3). Approved Minutes of April 24, 1995, Work Session, and April 24, 1995, Regular Meeting. Accepted lower bid in amount of $4,037.00, plus $1,400.00 for additional lamination and carpet repair, with funding to come from City Manager's Contingency Fund. regarding invoices paid during the period for previously approved lump sum The Commission acknowledged eight (8) invoices totalling $607,069.98. Amendment No. 18 to Contract with Conklin, Porter and Holmes re~arding Sanford Avenue Utility Relocation/Improvements. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of Amendment No. 18 to original Engineering and Services Agreement with Conklin, Porter and Holmes dated December 17, 1987, in an amount not to exceed $17,111.83, for Sanford Avenue Utility Relocation/Improvements. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from Sanford/Seminole County Art Association to name the Cultural Arts Building after E.B. Stowe. The Commission concurred to take no action. Request from Commissioner Eckstein to discuss the possibility of increasing the millage to fund ($12,000.00) the Fourth of July Fireworks Display annually, and to borrow from the General Fund Reserves to pay for this year's display. The Commission concurred to discuss this item at the June 12, 1995 Work Session. Request from Commissioner Howell for a status report regarding the building at 10th Street and Park Avenue. The City Manager reported that the Building Official was asked to check into the matter, and that he will provide Commissioner Howell with an answer tomorrow. Right-Of-Way Use Permit to install a chain link fence and picket fence at the southwest corner of 12th Street and Palmetto Avenue. Commissioner Howell reported that although the approved Right-Of-Use Permit for installation of a chain link fence in the right-of-way along the side of the property and a picket fence across the front yard, the owner has installed a chain link fence in both locations. The City Manager will check into the matter, and report back to the City Commission. MINUTES City Commission, Sanford, Florida Regular Meet .nq May 22 19 95 Charter Advisory Committee Vacancy. Commissioner Lyons reported that Brent Adamson has recommended Larry Blair as his replacement on this Committee. Mayor Smith reported that the Committee is close to finishing its review of the Charter, and it will not be necessary to fill the vacancy. Memorial Day Parade Permit Application. City Manager reported that the parade will be on Monday, May 29, 1995 at 11:00 A.M., and will start at the Chamber of Commerce and proceed west on First Street and then north on Park Avenue. Request from the Fire Chief to dispose of useable Fire Equipment by sealed bid rather than at the annual City auction. On recommendation of the City Manager, Commissioner Howell moved to authorize Staff to dispose of a 1982, 1974 and 1972 American LaFrance by sealed bid. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye There being no further business, the meeting was adjourned. Attest