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072699 rm agenda & min. -- ~ Revised 11 :30 a.m., July 26, 1999 AGENDA Sanford City Commission Meeting Monday, July 26, 1999 Sanford City Hall, 300 North Park Avenue Sanford, Florida ****************************************************************************** REGULAR MEETING 7:00 P.M., City Commission Chambers, First Floor Citizen participation. Approval of minutes of the City Commission July 6, 1999 Budget Work Session; July 12, 1999 Work Session; and July 12, 1999 Regular Meeting. Recommended by City Manager. Public Hearinl:s. 1. First readinl: of Ordinance No. 3497 to rezone 1.2::J:: acres of property between West 1st Street and Coastline Road and between Central Park Drive and South White Cedar Road (3791 West 1st Street), from AG, Agricultural to PD, Planned Development. Leo C. Trepanier, Trustee; John Y. Mercer, agent. Recommended by Planning and Zoning Commission, Director of Engineering and Planning and City Manager. Ad published June 16 & 25, 1999. 2. Re: a portion of property between Airport Blvd. East and Lake Mary Blvd. East and between Central Florida Greeneway and US Hwy. 17-92 (700 East Lake Mary Boulevard). Huntington Properties and Investments, Inc., owner, Vestcor Fund XI, Ltd., agent. A. First readinl: of Ordinance No. 3498 to rezone 5.95::J:: acres ofthe property from MR-2 (Multiple Family Residential) to MR-3 (Multiple Family Residential). Recommended by Planning and Zoning Commission, Director of Engineering and Planning and City-Manager. Ad published June 16 & 25, 1999. B. First readiol: of Ordinance No. 3500 to vacate easements/rights-of-way on the property, including Americana Boulevard, Rolling Hills Boulevard and any and all other easements/rights-of-way lying within their property. Recommended by Plans Review Committee and City Manager, subject to approval of the Logan Heights Development Agreement and inclusion of assurances that the specified portion of Rolling Hills Boulevard will be stabilized. Ad published July 11, 1999, property owners notified July 8, 1999, property posted July 12, 1999. E718~72 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 26 19 99 The City Commission of the City of Sanford, Florida met in Regular Meeting on July 26, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan City Attorney William L. Colben City Manager bmthony VanDenvo~ City Clerk Janet R. Dougherty The Chairman called the meeting to order. Citizen participation. Doreen Freeman, 705 Mellonville Ave., asked if lights from the basketball court in Fort Mellon Park were being moved to Coastline Park. Mayor Dale reported lights from the softball field are being moved, not from the basketball court. Ted Davis, 615 East 3rd Street, Sanford, reported the City had demolished the Masonic Hall at 7th and Pine Avenue, at the request of the owner, and had sent them a bill. He reported they do not have the money to pay the bill and requested the charges, or a portion of them, be waived. Mayor Dale directed Staff to review this issue and make a recommendation to the City Commission. Amanda Geter, 117 Castle Brewer Court, on behalf of S.T.O.R.M., reported Hope VI offers little hope to the poor, but makes the rich even richer. She further reported Tim Hudson, Executive Director of the Sanford Housing Authority, worked in the finance area of the Authority and she wondered what part he played in the Authority' s money being misspent. She feels Mr. Hudson is doing whatever he wants to do with the Housing Authority, and now he is bringing in Hope VI whether the tenants want it or not. He did not inform the tenants, and did not include them in the decision. Mr. Hudson made the comment he would like to see the tenants carrying briefcases to work, but she has seen briefcases with drugs in them instead of papers. She feels Mr. Hudson is saying he wants to push the poor people into the shadows, and make them someone else' s problem. If the Housing Authority and the Commission want to push poor people out of Sanford then they should say that is what they want to do. Ms. Geter reported the residents of the Housing Authority are calling for a vote of the Commission to dismiss Mr. Hudson because he is not doing his job and he does not want to follow the law and give them information before demolishing the apartments. She feels their Constitutional rights are being taken away from them, and the law is not being followed, because they have not received any copies of what Mr. Hudson is proposing to do, and their homes are being taken away from them. Mayor Dale reported the City Commission does not have the authority to hire or fire the Director of the Housing Authority, or make decisions on behalf of the Housing Authority. Enabling legislation from the State of Florida states the City cannot oversee the Housing Authority budget, have budgetary authority over them, or pay any general revenue funds for them. The entity. that has budget authority over the Housing Authority is H.U.D. The final decision on the application for Hope VI will be made by H.U.D., and one of the requirements is that the tenants have to be involved in the application process, or H.U.D. will not approve the application. The tenants need to be taking their concerns and Fiev~nces to H.U.D. during its public meeting. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 26 37¸ 19 99 Beverly Pinkney, 1506 W. 18th Street, reported the residents are at the meeting tonight because the City Commission is responsible for appointing the Sanford Housing Authority Board of Commissioners. She reported if you can't get a response from a Board of Commissioners, you go to the Board that appointed them, it is in the chain of command. Mayor Dale reported the City Commission can only remove the members of the Sanford Housing Authority Board of Commissioners for malfeasance, misfeasance or willful neglect of duty, not just because they make a decision the City Commission doesn't like. Ms. Pinkhey reported the City Commission does have legal grotmds to remove members of the Housing Authority because the tenants were omitted at the beginning of the application process for Hope VI, and the residents have the right to be educated and to be trained. Ms. Pinkney reported there are other ways to implement Hope VI and build condominiums, without tearing down homes that already exist and putting people out on the street. She reported again that the residents were omitted at the beginning of the process, and now they are trying to involve them at the end when all the decisions have been made. Also, the City has given the Housing Authority its support. Mayor Dale reported that this issue is not at the end of the process, he does not know if the application has been submitted to H.U.D. yet. The City Commission wrote a letter of support, just as Corrine Brown, John Mica and Seminole County did. That one letter was the City's only involvement. Ms. Pinkney reported that the process began when the Housing Authority first mentioned Hope VI, and the City Commission supported it, and that was quite some time ago, and the residents are just now being informed. Mayor Dale again reported that H.U.D. will make sure that the residents are heard when it has public meetings on the application. Ms. Pinkney reported the Mayor must not have read or understood all of the guidelines set forth by H.U.D., because the residents are supposed to be informed, educated and involved from the beginning of the process. Curnilla James, 44 William Clark Court, reported the Housing Authority and Mr. Hudson do not represent the views of all of the tenants. The tenants do not want any of their homes demolished. Public housing needs to be preserved, not tom down. She reported she does not like drugs or crime, and does not want them around her children, but demolishing public housing and sending people outside is not the answer to drugs or crime. Good jobs and good police protection, and improving the homes instead of destroying them, will go a lot further in making their community a better place to live. Other people should not be brought in and given decent housing that was never given to the current tenants. The tenants have been waiting for years for the Housing Authority to meet its responsibilities of proper maintenance and following the rules, and using their support money for housing and maintenance of the property. Ms. James reported the tenants are asking the City Commission not to support the Housing Authority's plan to demolish their homes. Mayor Dale reported this issue has gone beyond "brief' Citizen Participation, and since the Commission wants to hear what everyone has to say, he will put the issue on an agenda to be discussed. He reported nothing is going to happen with H.U.D. in the next two weeks, so the Commission will hear just one more person, and everyone else will have a chance to be heard at the next meeting when this issue will be on the agenda. Margaret Knight, 15 Lake Monroe Terrace, reported she has lived for years under the management of the Housing Authority, which has not made good on its obligation to provide decent and safe housing. She feels it is time for the City to look at changing the management of the Sanford Housing Authority, and how they operate, and not destroy the homes of the poorest in the community who have nowhere else to go. The Commission is fooling itself if it thinks giving Section 8 vouchers is a good substitute for public housing. Poor tenants with vouchers are going to end up with slum lords like Ridgewood Villas, and there is no cap on the amount of rent that they must pay. She reported she wants the 3 8 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 26 ]9 99 Commission to know that Mr. Hudson does not speak for the tenants of the Sanford Housing Authority. The City Commissioners should visit their community and listen to what the tenants have to say. The tenants want to work with the City, and if the City wants to work with them, it must listen to what they have to say. Mayor Dale requested a representative from the tenants of the Housing Authority contact his office, or the office of the City Manager, to arrange to be on the agenda. Tyrone Alexander, 1619 W. 16th Street, reported he is not satisfied with the job that has been done. He has observed Cloud Branch cleaning on 13th Street, and he has been told that the City does not have anything to reach the west side of Mills Creek. He has not seen any machine that can reach across Cloud Branch either, but both banks are clean. He requested the west bank of Mill Creek be cleaned, from 14th Street, on the City right-of-way, to 18th Street. Approval of minutes. Commissioner McClanahan moved to approve the minutes of the City Commission July 6, 1999 Budget Work Session; July 12, 1999 Work Session; and July 12, 1999 Regular Meeting. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearing to consider first readine of Ordinance No. 3497 to rezone 1.24- acres of property between West 1st Street and Coastline Road and between Central Park Drive and South White Cedar Road (3791 West 1st Street). from AG, A~ricultural to PD. Planned Development. Leo C. Trepanier, Trustee; John Y. Mercer, agent. Ad published June 16 & 25, 1999. Ordinance No. 3497 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3497. No one appeared. A citizen asked why the description on the agenda for fezones covers a larger area than what is actually being considered. City Attorney Colbert reported the reason that the description is general is that the purpose of the title of the Ordinance is to put people on notice of the vicinity of the property. The title is what is published in the newspaper so anyone who may have an interest is apprised that the City Commission will take action on something in their neighborhood. The Ordinance itself has a legal description attached to it which is the exact description of the property, but if the legal description was published it would confuse rather than educate the public. On recommendation of the City Manager, Commissioner Willjams moved on the first reading of Ordinance No. 3497, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND COASTLINE ROAD AND BETWEEN CENTRAL PARK DRIVE AND S. WHITE CEDAR ROAD, FROM AG, ~GRICULTURAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILiTY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye E718672 MINUTES City Commission, Sanford, Florida 39 7:00 P.M. REGULAR MEETING July 26 ]998 Public hearin~ to consider first readin~ of Ordinance No. 3498 to rezone 5.95± acres of property lying between Airport B!vd. East and Lake Mary Blvd. East and between Central Florida Greeneway and US Hwy. 17-92 (700 East Lake Mary Boulevard), from MR-2, Multiple Family Residential. to MR-3. Multiple Family Residential. Huntington Properties and Investments, Inc., owner; Vestcot Fund XI, Ltd., agent. Ad published June 16 & 25, 1999. Ordinance No. 3498 was read by title. Jay Marder reported the difference between MR-2 and MR-3 is that MR-2 allows up to fifteen dwelling units per acre, and MR-3 allows up to twenty dwelling units per acre. Jim Hattaway, an attorney with the law firm of Holland & Knight, LLP, 200 South Orange Avenue, Orlando, Florida, reported he was representing the applicant, Vestcor. Kristen Packard, the Vice-President of Housing for Vestcor, gave a multimedia presentation telling about Vestcot and what they stand for, what they believe in and the kinds of projects that they build. She also gave an overview of the Logan Heights project that is being proposed on the site being considered for rezoning. She reported that Vestcot has a down payment assistance program whereby 5% of each tenant's rent for the month is put into an escrow account. If they live in the apartment for two years, and then move into a home ownership situation, the tenant can take their money out of the escrow account and use it for a down payment. Jim McNeil, an attorney with Holland & Knight, discussed some of the planning and legal issues involved in this project. He reported Vestcor is proposing a 360-unit project, well below the 410 units that are now allowable. The rezoning will allow for better placement of the units, rather than allowing for more units (up to 444 units with MR-3 zoning). The request is consistent with the Comprehensive Plan as well as the City's Land Development Code. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3498. No one appeared. On recommendation of the City Manager, Commissioner Williams moved on the first reading of Ordinance No. 3498, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD EAST AND LAKE MARY BOULEVARD EAST AND BETWEEN CENTRAL FLORIDA GREENEWAY AND U.S. 17-92, FROM MR-2, MULTIPLE FAMILY RESIDENTIAL, TO MR-3, MULTIPLE FAMII .Y RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearin~ to consider first reading of Ordinance No. 3500. to vacate easements/rights-of-way on a portion of property between Airport Blvd. East and Lake Mary Blvd. East and between Central Florida Greeneway and US Hwv. 17-92 (700 East Lake Mary Boulevard). Vestcot Fund XI, Ltd., applicant, James McNeil for Holland & Knight, LLP, agent. Ad published July 11, 1999, property owners notified July 8, 1999, property posted July 12, 1999. Ordinance No. 3500 was read by title. City Manager VanDerworp reported Staff recommends approval to vacate; this involves fifteen to twenty year old road easements and there are utilities that conflict with the easement location, so this vacation will benefit the public by getting the utility lines into the correct easements. Additionally, it 40 E718672 MINUTES City Commission, Sanford, Florida 7: 00 P .M. REGULAR MEETING July 26 98 allows the City to line up the road right-of-ways through the area to realign Americana Boulevard and Rolling Hills Boulevard. Further, the applicant has completed a site plan hearing before the Planning and Zoning Commission, and has submitted an appeal letter as a result of that hearing. This appeal will be heard at the City Commission meeting on August 9, 1999. The applicant agrees with the conditions, except stabilizing the roadway past the entrance to their complex. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3500. Jim McNeil reported, as part of their Development Plan, they will correct some previous problems the City had with the alignment of easements and right-of-ways. Vestcor proposes to deed to the City by fee simple new Rolling Hills Boulevard and Americana Boulevard right-of-ways in exchange for the City vacating the existing fight-of-ways. Vestcor proposes to relocate all of the utility lines on the property. They will incur 100% of the cost to relocate the sewer lines, and the relocation of the water lines has already been budgeted in the City' s Capital Improvements Plan. Vestcot has proposed to build an entrance road to their project. Staff has made a recommendation that Vestcor provide additional stabilization beyond the termination of the entrance road, but Vestcot is reluctant to comply because it is approximately a $100,000 expense. The Planning and Zoning Commission made this additional stabilization a condition when they approved the proposed Site Plan. Mayor Dale reported there is already some questionable activity that goes on in the area beyond the proposed termination of the entrance road, and to stabilize that area would invite even more traffic and more activity, and people would be driving past the project. Mr. McNeil agreed, and further reported that, just because it is adjacent to the project, it would be Vestcor's problem if there were increased traffic and activity. Mr. McNeil asked the Commission to approve the vacation at tonight's meeting, and give them some direction on the stabilization issue. He added that Vestcot has offered to do all the permitting and engineering work for the future roadway areas which will be deeded to the City, which is a considerable expense. Mayor Dale asked why Staff was asking for more than what the Land Development Regulations require, as far as the developer being required to pave his entrance to the nearest paved street, which in this case is Lake Mary Boulevard. Mr. VanDerworp reported the Staff recommendation is a result of trying to maintain some future road alignment, even though it is not programmed. Also, since the additional 300 feet would be the most difficult portion to build and permit in the future, Staff felt if they could get the applicant to do that now the City would not have to worry about it in the future. Jay Marder, Director of Engineering and Planning, reported that the recommendation for stabilization of the additional 300 feet came through Staff at the Plans Review Committee, because they felt it was a reasonable condition since there was a lot of give and take in this project. He agrees overall this is a good project for the City; correcting a lot of longstanding problems in the neighborhood while still maintaining future traffic circulation options. City Manager VanDerworp reported there appears to be additional findings tonight that if the additional area was stabilized it could cause some issues with respect to impacts on the livability of'the development, and some impacts on the City' s law enforcement. Mr. Marder concurred with the City Manager, and further explained that Staff had estimated the cost of the further stabilization at about $60,000 instead of $100,000. Mayor Dale reported he felt the City was asking too much of Vestcot to stabilize the additional area after everything they are proposing to do for the City. Mr. Marder concurred with the Mayor and reported that he felt the Commission could delete that stipulation in the E718672 MINUTES City Commission, Sanford, Florida 41 7:00 P.M. REGULAR MEETING July 26 99 Development Order, and didn:t feel a formal appeal would be necessary. City Attomey Colbert recommended the Commission approve the Ordinance on first reading, if that is its desire, and not deal with the stabilization issue until the appeal is presented at the next meeting. Mr. McNeil asked for approval of the Ordinance, but also some direction on the stabilization issue so they will know what type of language to include in the agreement so it will not need any revisions when they bring it before the Commission. City Attorney Colbert reported that this applicant has worked with both the City Staff and the City Attomey' s office, and this project appears to be a good one for the City, and he does not want the Commission to do anything that may create a problem later on. Commissioner Williams moved on the first reading of Ordinance No. 3500, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING ANY RIGHT OF THE CITY AND THE PUBLIC IN AND TO EASEMENTS/RIGHTS-OF-WAY LYING BETWEEN AIRPORT BOULEVARD EAST AND LAKE MARY BOULEVARD EAST AND BETWEEN THE CENTRAL FLORIDA GREENEWAY AND U.S. HWY. 17-92, INCLUDING AMERICANA BOULEVARD, ROLLING HII,LS BOULEVARD AND ANY AND ALL OTHER EASEMENTS/RIGHTS- OF-WAY LYING WITHIN THE PROPERTY DESCRBED ON THE ATTACHED EXHIBITS IN THE CITY OF SANFORD, FLORIDA; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearin~ to consider first readinl~ of Ordinance No. 3499 to rezone a 42.84- acre portion of property between Smith Canal Road and Coastline Road extended westerly and between Upsala Road and Rinehart Road (1150 Upsala Road), from AG. Agricultural to PD. Planned Development. Jeno F. Paulucci, owner; Boyer-Singleton & Associates, Inc. (Judy Stewart), applicant. Ad published June 16 & 25, 1999. Ordinance No. 3499 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3499. Judy Stewart ofBoyer-Singleton & Associates, the applicant, reported she concurred with Staff's recommendation and is in attendance to answer any questions, or make a formal presentation if requested. On recommendation of the City Manager, Commissioner McClanahan moved on the first reading of Ordinance No. 3499, including the conditions that all development will be consistent with the Paulucci Upsala Road PD Master Plan, and a blanket cross access easement to all parcels/tracts will be provided; said Ordinance entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SMITH CANAL ROAD AND COASTLINE ROAD .EXTENDED WESTERLY AND BETWEEN UPSALA ROAD AND RINEHART ROAD, FROM AG, AGRICULTURAL, TO PD PLANNED DEVELOPMENT; PROVDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioilet Eekstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye 42, E718672 MINUTES City Commission, Sanford, Florida 7:00 Pi.M. REGULAR MEETING July 26 19 99 Public hearing to consider first reading of Ordinance No. 3501. to vacate a portion of an easement lying between Hidden Lake Subdivision and Lake Mary Boulevard West and between Groveview Subdivision and Art Lane, on Lot 18, Sterling Woods. Maronda Homes, Inc. of Florida, owner. Ad published July 8, 1999, property owners notified July 9, 1999, property posted July 12, 1999. Mayor Dale reported he will abstain from taking part in the discussion and from voting, and will file a Conflict of Interest Statement with the City Clerk. Ordinance No. 3501 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3501. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3501, entitled: AN ORDNANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF A 5' UTILITY EASEMENT LYING BETWEEN HIDDEN LAKE SUBDIVISION AND LAKE MARY BOULEVARD WEST AND BETWEEN GROVEVIEW SUBDIVISION AND ART LANE IN THE CITY OF SANFORD, FLORIDA; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Abstained Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Budget and Millage. Commissioner McClanahan moved to acknowledge the current year rolled-back tax millage rate of 6.63. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Williams moved to approve a proposed millage rate of 6.79, which can be changed downward at the public hearing in September, but cannot be changed upward. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Lessard moved to set a tentative budget heating on the proposed budget to be held at 7:00 o'clock P.M. on September 13, 1999 in the City Commission Chambers. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Inoperable/Untagged vehicles - time extension requests. Charles Rowe, Director of Community Development, reported a 30-day extension has been requested for a camper trailer and a boat & trailer at 1001 Laurel Avenue. The vehicles are now parked in accordance with the code, but FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAIvIE--MIDDLE NAME Dale, Larry A. MAILING ADDRESS P.O. Box 1788 CITY Sanford FL 32772~1788 DATE ON WHICH VOTE OCCURRED · July 26, 1999 CO U N'FY · Seminole NAME OF BOARD. COUNCIL COMMISSION, AUTHORETY. OR COMMITTEE ' THE BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTBE ON WHICH I SERVE IS A UNIT ;. INJ=l'FY : ! COUNTY : 3 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City Of Sanford, Florida MY POSITION IS: ~ ELECTIVE i~_APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or dommittee. It applies equally to members of advisory and non-advisory bodies who .are presented with a voting conflict of interest under Section 112.3143; Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by laW, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which .you have a conflict of interest will ~ary gre~tiy'depending on whether you hold an elective or appointive position. For this reason, please pay close a~tention to the instructions on this form before completing-the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTi6N 112;3143, FLORIDA STATUTES ELECTED OFFICERS: . A person holding. elective county, municipal, or other: local:public office MUST ABSTAIN from voting on a measure which .inures to his special, private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a prificipal (other than a government agency) by whom he is retained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive cb~imy, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures tO his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of 'a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the d~cision by oral or written communication, whether made by the officer or at his direction. I~F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: :" ~ You should complete and file this form (betbre making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. '- * A copy of the form should be provided immediately to the other members of the agency: · The fbrm should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION. EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form i.n the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Larry A. Dale ., hereby disclose that on July 26... (a) A measure came or will come before my agency which (check one) ~/inured to my special private gain; or . inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: ,19 99 , by whom I am retained. First reading oftOrdinance No. 3501 to vacate a portion of an easement lying between Hidden Lake Subdivision and Lake Mary Boulevard West and between Groveview Subdivision' and Art Lane, on -Lot 18, Sterling Woods. My Interest: I am the developer for The Matzel Organization, Inc., owners of the Sterling 'Woods Subdivision. July 27, Date Filed 1999 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY P-EQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINC IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION II SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 43¸ July 26 19 99 still need current tags. Commissioner Lessard moved to authorize a 30-day extension. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Mr. Rowe recommended an extension until September 24, 1999 for a Ford Van, a GMC Van and an International Loadstar Truck, located at 1219 French Avenue. Commissioner Lessard moved to authorize an extension until September 24, 1999. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye The owner of a Ford Truck located at 206 E. 241h Street has requested a 60-day extension. Commissioner McClanahan moved to authorize a 60-day extension. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye The owner of the property at 510 Pine Avenue is requesting a 90-day extension until October 24, 1999 to complete the construction of a garage to store a Thunderbird, three Ford Mustangs, and two other vehicles. On recommendation of the Staff, Commissioner McClanahan moved to authorize an extension until October 24, 1999 for the Thunderbird and three Ford Mustangs. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye CommissionerMcClanahan Aye Board appointments/reappointments. Board of Adjustment. City Clerk, Janet Dougherty, reported Larry Blair's and Barbara Knowles' terms expire September 2, 1999 and each wishes to be reappointed. Commissioner Williams moved to reappoint Larry Blair and Barbara Knowles. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Code Enforcement Board. City Clerk, Janet Dougherty, reported there are three vacancies on this Board. Charles Rowe reported he has also received the resignation of Mary Dale Jones, which makes four vacancies, two regular and two alternate members. Commissioner Lessard moved to appoint Steven Vaughn to the Board. Seconded by Commissioner Williams and carried by vote of the Commission as follows: 4 4 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 26 99 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye The Commission concurred to consider the remaining vacancies at Nuisance Abatement Board. The Board requested the August 9, 1999 Commission meeting. changing Michael Goeb to an altemate member and Paul Legge to a primary member. Both members have agreed to the change. Commissioner Williams moved to change Michael Goeb to an alternate member and Paul Legge to a primary member. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Resolution No. 1818. Thom Greene, Deputy Mayor of the City of Lake Mary, introduced City Manager John Litton and reported a lot of progress has been made in the last couple of years regarding noise abatement at the airport, but the City of Lake Mary still has two basic concerns. Lake Mary would like to have representation, and recognition of the liaison position, on the Airport Authority. Mr. Greene requested that Geoffrey Longstaff be appointed as a voting member to the Airport Authority. Mayor Dale reported that because the Airport is one of regional impact, and an intemational airport and a primary commercial airport with port of entry status, Daryl McLain has been recognized as a County liaison, and the Mayor would like to see a liaison appointed from every City in Seminole County, and possibly other nearby cities. The liaison does not have a vote on the Airport Authority, they are only in attendance to represent their respective cities. Each entity appoints its own liaison, and the Airport Authority simply recognizes the appointment. Commissioner Eckstein asked if Mr. Greene was supporting Geoffrey Longstaff personally, or if that was a recommendation of the Lake Mary City Commission? Mr. Greene reported he had be talking with Geoffrey Longstaff about the appointment since his name had been mentioned as a potential member at a Winter Springs Commission meeting. Mayor Dale reported that Geoffrey Longstaff had been considered for some time by the Sanford City Commission, to be appointed at the appropriate time, because of his banking experience and background. Commissioner Eckstein asked if the Lake Mary City Commission was not promoting Geoffrey Longstaff, why did they meet with him before the Sanford City Commission met with him? Mayor Dale reported he had requested that the Lake Mary City Commission meet with Mr. Longstaffto see if he met the criteria they were looking for, and to stop the incessant back and forth. CommiSsioner Eckstein reported he does not have a problem with a liaison, and he does not have a problem with Mr. Longstaff, but he does have a problem with the Resolution stating "the appointment of a Lake Mary resident." He reported he does not want to be tied down to appointing another Lake Mary resident, as opposed to a resident from Sanford or Winter Springs or somewhere else, if Mr. Longstaff should leave the Board in the future. Mayor Dale reported he submitted this Resolution to the Commission, and the intent was to support the appointment of G. Geoffrey Longstaff, a Lake Mary resident, not just a Lake Mary resident. Commissioner McClanahan reported the Airport Authority is now at a minimum number of representatives that live in the City of Sanford. Commissioner Eckstein reported that after meeting E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 4¸.5 26 19 99 with Mr. Longstaff, he believes Mr. Longstaff is a person the Commission cannot afford to not appoint to the Airport Authority, because of his experience and ideas. He has already identified some areas at the Airport that need to be addressed and is someone who will hold the Airport accountable. Commissioner Eckstein moved to adopt Resolution No. 1818, with amended title, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, SUPPORTING THE APPOINTMENT OF G. GEOFFREY LONGSTAFF, A LAKE MARY RESIDENT, TO THE SANFORD AIRPORT AUTHORITY AND THE APPOINTMENT OF A NON-VOTING LIAISON APPOINTED BY THE LAKE MARY CITY COMMISSION; RECOGNIZING AND SUPPORTING THE NEED FOR A NORTH/SOUTH RUNWAY EXPANSION AT THE ORLANDO-SANFORD AIRPORT; AND SUPPORTING THAT ~ CITY OF SANFORD AND THE AIRPORT AUTHORITY BOARD WILL KEEP THE CITY OF LAKE MARY CURRENT IN ALL ISSUES RELATED TO GROWTH AND NOISE ABATEMENT OF THAT FACILITY; PROVIDING FOR AN EFFECTIVE DATE. South Shore Club lease. City Manager VanDerworp reported on March 8, 1999 the City Attorney's office sent Mr. Sid Vihlen, Jr. a letter regarding the arrearage on his property. On April 12, 1999, the City Commission directed the City Manager to send a letter to the representative for South Shore Club. That letter was sent on April 13, 1999 and stated at the Commission's direction the City would not look at any other options that were provided, and requesting that the arrearage be paid in the amount of $110,000 plus interest, within the next 60 days. After receipt of these funds the City will then review the additional items contained in the proposal. The City did receive a proposal, but at the direction of the Commission the City wanted to deal with the arrearage. It is now past the 60 days, and the City Manager has been contacted on two or three occasions to put this item on the agenda, but the representatives from South Shore Club had conflicts with those dates. Commissioner Eckstein reported Mr. Vihlen will be presenting the City Manager with the information requested, and would like to be placed on the August 9, 1999 Work Session agenda. The Commission concurred to place Mr. Vihlen on the August 9, 1999 Work Session agenda. Revised assignment of Marina Hotel lease. Mayor Dale reported that when the Commission approved the assignment of the Marina Hqtel lease at the July 12 meeting, it was not aware that the name chosen by the corporation had already been registered with the State and was not available. New information received indicates part of the transaction to be closed on Thursday is the tax-free exchange (a 103 1), and as part of that the Commission needs to make a specific assignment. The City Attorney has reviewed this and does not have any objections to the assignment request from a legal standpoint. This is not a substantive change, but it is a change to the agreement and does require the City Commission's approval. Commissioner McClanahan moved to revise the assignment of the Marina Hotel lease as submitted, and as recommended by Staff and Counsel. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Consent Agenda. Commissioner Eckstein Aye Commissioner Williams Aye CommissiOner Lessard Aye Commissioner McClanahan Aye On recommendation of the City Manager, Commissioner McClanahan moved as follows: Approve settlement in amount of $12,250 of past due issues for workers' compensation claim of Gary Smith. 46 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING JUly 26 19 99 Approve payments made during May and June 1999. Approve amendment to the agreement with Hazardous Substance & Waste Management Research, Inc. for Consultant Services re: the Sanford Gasification Plant, to increase the 'not to exceed' amount from $79,450 to $91,950. Acknowledge preliminary subdivision plan for Boulevard Plaza at 3786 Orlando Drive. Authorize Mayor to execute renewal of the Interlocal Agreement creating Metroplan Orlando. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Add-on items. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye City Manager VanDerworp requested approval of an extension to December 1999 of the Interlocal Agreement with Seminole County for CDBG Funds: This extension will allow the City to be reimbursed for expenditures made in regard to the 13th Street Community Policing Station. Commissioner Williams moved to approve the extension. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Information Only. City Manager VanDerworp noted as information only the information flyers that are being printed and sent to residents, at the Commissions' request, to make clear what services are being provided by FRS. City Manager VanDerworp noted the packet included Code Enforcement Board minutes from June 8, 1999. City Attorney's RepOrt. City Attorney Colbert reported they received in their office on Friday, a copy from Central Florida Legal Services of an injunction the Central Florida Legal Services had obtained regarding the City cutting off the water at Ridgewood Villas. The City was not named in the complaint, nor notified of any impending hearing. The City Attorney's office is considering filing a motion to ask the Court to reconsider and to vacate that injunction. Today Central Florida Legal Services delivered to the City Attomey's office a copy of the original complaint that they had filed on Friday, and the City is not a defendant in that matter. It is unusual for an injunction to be entered against a non-defendant, and unusual for the City Attomey not to have an oppommity to present the City's case before adjudication is held. Unless the Commission advises the City Attomey's office otherwise, they will be asking the Court to revisit this case and perhaps give some relief to the City. Commissioner Lessard reported this situation is an absolute disgrace, and he feels the City is subsidizing a dangerous housing operation. The Commission concurred that the City Attorney re-address this case with the Court as soon as they can get on the Court calendar. City Attomey Colbert reported the progress of the Chapter 120 Hearing regarding the Fort Mellon challenge. The City Attorney's office has filed a Motion in Limine. He reported the City Attorney's office feels that many things that are being asked by the Committee are outside the scope of the Department of Community Affairs to review, so E718672 MINUTES City Commission, Sanford, Horida 7:00 P.M. REGULAR MEETING July 26 47 99 they will be asking the Hearing Officer to narrow that scope of review. They are trying to get a hearing set with the Hearing Officer for this purpose prior to the Hearing set for September 8, 1999. Also, the City Attorney's office was advised that the Department of Community Affairs was going to take on the characteristics of an Observer, more than a Participant in the proceedings. The City Attomey's office has written to Counsel of the Department of Community Affairs asking them to reconsider and take a pro-active role because it is a challenge to a plan that they had previously conceptually approved. Mayor Dale requested that the Commission authorize him to meet with the Administrator of the Department of Community Affairs on this issue, and the Commission concurred. Citv C!erk's Report. No report. City Manager's Report. City Manager VanDerworp requested confirmation ofBrian Tooley as Police Chief of the City of Sanford. He introduced Mr. Tooley and reported Mr. Tooley is a 24-year veteran of the Orlando Police Department. Each Commissioner has received an information and background packet on Mr. Tooley, and the City Manager welcomed him and reported he thinks Mr. Tooley will provide the leadership and direction the City needs. Mr. Tooley reported he was delighted to be here, and reported he was very impressed with the process the Staff put together to select a Chief, it was the most professional assessment center he has been involved in. Commissioner McClanahan moved to confirm the choice of Mr. Brian Tooley as the Police Chief of the City of Sanford. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Chief Tooley reported he will be starting his new position on August 11, 1999. City Manager VanDerworp requested concensus to obtain Quiet Title to some of the property for the swimming pool. This process will cost approximately $3,500 to $5,000. Commissioner Lessard moved to authorize the City Manager to proceed to obtain Quiet Title to the property. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye City Manager VanDerworp reported the City has been advised by the Comprehensive Planning Division of Seminole County there is a proposed award of $335,000 in CDBG Funds for the October cycle. This would include the swimming pool, the street lights in Goldsboro and the Georgetown and Goldsboro Master Plans. City Manager VanDerworp reported the City has received letters from Stan Bainter and from Lee Constantine regarding the City of Sanford putting together its priorities and projects early for next year, with an August 30, 1999 deadline for Stan Bainter to receive projects, and an upcoming delegation meeting on September 1, 1999. City Commissioners' Reports. Commissioner Eckstein - No report. 48: E718~7~ City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 26 ]9 99 Commissioner Williams - Reported she contacted the Jacksonville and Washington H.U.D. offices so she could learn more information and gain greater insight into Hope VI. Each sent her information that explains Hope VI in detail. Commissioner Willjams also spoke with Congresswoman Corrine Brown who faxed her some information. She reported she has not had sufficient time to read all of the information, but she did read the overview and found it is a requirement that the tenants must be involved in the process in order to get the number of points that it indicates in the Federal Register. It states for FY 1998 applicants were required to conduct at least one public meeting to notify residents of the revitalization activities proposed, however for 1999 applicants must conduct at least one training session for residents and community members to involve them in the process of planning. Commissioner Williams reported the information she read indicated there are six items that H.U.D. indicates must be covered, namely: a) The Hope VI planning and implementation process must be shared with the tenants and they must be a part of the process. b) They must share with the tenants the proposed physical plan including site and unit design. c) The extent of the proposed demolition. d) The proposed community and support services (which really entails a lot). e) The relocation issues. f) Other proposed revitalization activities. Also, public meetings must be documented. All this information must be included in the proposal. Commissioner Williams asked the Commission if they would like her to continue, as the Commissions' liaison to the Housing Authority, to gather information and consult with Mr. Hudson and/or the Chairman, Mr. Blackshear, and ask them to provide the documentation that verities that they have followed through on the guidelines. She also reported she understands that the application has not been submitted. She has asked someone from H.U.D. to come to Sanford and talk with the tenants and the concerned citizens in the community. Seminole Hope, a community organization which meets the third Saturday of each month at the Boys and Girls Club, from 12:00 to 1:00, agreed to hold a town meeting to talk about this issue because of its concem about the tenants concerns. The Commission concurred that Commissioner Willjams continue to work on the Hope VI issue as the Commission liaison. Commissioner Willjams reported she is going to the County tomorrow and request they refrain from naming a street in honor of Dr. Martin Luther King. Mayor Dale reported the proposed street is a private road in a private subdivision and he feels it is intended as an insult instead of an honor to name that particular street after Dr. Martin Luther King. Commissioner Willjams reported there has been some controversy with the contractor not being paid and taking up the sidewalk and tearing down the gate, and now he wants to name the main street going into the neighborhood Dr. Martin Luther King Point, which she and others find very insulting, because it is not in good spirit but in bad taste and insulting. Also, she had previously asked that a major street in the City or County be named after Dr. King, in his honor, which she feels would be more appropriate. Commissioner Lessard - Reported the Commission needs to clarify and revisit the Ordinance, and do whatever is necessary to avoid another Ridgewood Villas. No one in the City, barring very extenuating circumstances, should have the authority to be able to leave water on, or not turn water off, for an apartment complex. The City shuts off homeowners' water when they don't pay their bill, and it is not the problem of the City or the taxpayers if the owner of an E718672 MINUTES City Commission, Sanford, Florida 49 7:00 P.M. REGULAR MEETING July 26 ]9 99 apartment complex cannot collect rent that is owed. He does not feel like anyone in the City should have the authority to do something for one person and not for another. Commissioner Willjams reported she had a concern because of the amount of time that the tenants were given. A two weeks notice that water is going to be shut off is not sufficient. The tenants should be aware that the water bill is not being paid by the owner, and should be getting the same notices as the owner, possibly via door hangers. The Commission directed the City Manager to come back to the Commission with a recommendation as to how this problem could be solved in the future. Commissioner McClanahan - No report. Mayor Dale - No report. There being no further business, the meeting was adjourned. Attest: mr '.. 3. First readin.: of Ordinance No. 3499 to rezone 42.8:1: acres of property between Smith Canal Road and Coastline Road extended westerly and between Upsala Road and Rinehart Road (1150 Upsala Road), from AG{Agricultural) to PD (Planned Development). Jeno F. Paulucci, owner; Boyer-Singleton & Associates, Inc. (Judy Stewart), applicant. Recommended by Planning and Zoning Commission, Director of Engineering and Planning and City Manager, with the following conditions: 1) all development will be consistent with the Paulucci Upsala road PD Master Plan; and 2) a blanket cross access easement to all parcels/tracts will be provided. Ad published June 16 & 25, 1999. 4. First readin.: of Ordinance No. 3501 to vacate a portion of an easement lying between Hidden Lake Subdivision and Lake Mary Boulevard West and between Groveview Subdivision and Art Lane, on Lot 18, Sterling Woods. Recommended by Plans Review Committee and City Manager. Ad published July 8, 1999, property owners notified July 9, 1999, property posted July 12, 1999. Re2ular Items. I. Budget and Millage. Need to adopt/acknowledge: A. The current year rolled-back millage rate of6.63. (This is to acknowledge the rolled-back rate of notification to the Property Appraiser as required by Statute.) B. A proposed millage rate of 6. 79. (This is tentative and may be changed downward at the public hearing and final consideration in September.) C. Set a tentative budget hearing on the "proposed" budget to be held at 7:00 o'clock P.M. on September 13, 1999 in the City Commission Room. 2. Inoperable/Untaf:2ed vehicles - time extension requests. Community Development Director and City Manager recommend extensions as itemized. 3. Boards: appointments/reappointments. A. Board of Adjustment. Larry Blair's and Barbara Knowles' terms expire on September 2, 1999, and each wishes to be re-appointed. NEED TO REAPPOINT/ APPOINT REPLACEMENT. B. Code Enforcement Board. There are three (3) vacancies: one member and two alternate members. NEED TO APPOINT REPLACEMENTS. Applications on file from James A. Kidd, Heidi M. Liles, Dean Ray and Steven D. Vaughn. II'" Revised 11:30 a.m., July 26, 1999 C. Nuisance Abatement Board. The Board requests changing Michael Goeb to Alternate Member and Paul Legge to Primary Member. Both members have agreed to the change. NEED TO AUTHORIZE CHANGE. 4. Adopt Resolution No. 1818 supporting the appointment of a Lake Mary Resident to the Sanford Airport Authority, and the appointment of a non-voting liaison appointed by the Lake Mary City Commission. 5. Discussion re: South Shore Club lease. 6. Approve revised assignment of Marina Hotel lease. Consent Items. 1. Approve settlement in amount of $12,250 of past due issues for worker's compensation claim of Gary Smith. Recommended by City Manager. 2. Approve payments made during May and June, 1999. Recommended by City Manager. 3. Approve amendment to the agreement with Hazardous Substance & Waste Management Research, Inc. for Consultant Services re: the Sanford Gasification Plant, to increase the 'not to exceed' amount from $79,450 to $91,950. Recommended by City Manager. 4. Acknowledl:e preliminary subdivision plan for Boulevard Plaza at 3786 Orlando Drive. Recommended by City Manager. 5. Authorize Mayor to execute renewal of the Interlocal Agreement creating Metroplan Orlando. Recommended by City Manager. Add-on items. 1. Approve Interlocal Agreement with Seminole County for CDBG Funds for the 13th Street Police Facility, in the amount of $27,374.55. Information Only. A. FRS contract - pickup information to residents. B. Code Enforcement Board Minutes for June 8, 1999. Revised 11:30 a.m., July 26, 1999 C. Resignation of Code Enforcement Board member Mary Dale Jones, effective immediately. City Attorney's Report. City Clerk's Report. City Mana2er's Report. City Commissioners' Reports. ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING OR HEARING HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS INCLUDING THE TESTIMONY AND EVIDENCE WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS286.0105) PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE HUMAN RESOURCES OFFICE ADA COORDINATOR AT 330-5626 48 HOURS IN ADVANCE OF THE MEETING. Revised 11:30 a.m., July 26, 1999 AGENDA Sanford City Commission Meeting Monday, July 26, 1999 Sanford City Hall, 300 North Park Avenue Sanford, Florida ****************************************************************************** REGULAR MEETING 7:00 P.M., City Commission Chambers, First Floor Citizen participation. 1. Doreen Freeman, 705 Mellonville Av, stated she read in the paper that the city is going to move the lights from the Ft. Mellon Park basketball courts to Coastline Park and asked if this is correct. Mayor Dale reported "no", they are being moved from the softball fields. 2. Ted Davis, 615 E 3rd St, Sanford, appeared regarding the lien for the demolition ofthe condemned Masonic Hall Temple, stated the Masonic Lodge can not pay it, and requested that all or part of the costs be waived. TV..... Staff review and make recommendation to Commission. 3. Amanda Geter, 117 Castle Brewer Ct, reported she represents Tenants for the Reform of Management, stated opposition to the HOPE VI program, and requested the City Commission dismiss Mr. Hudson. Mayor Dale reported the City Commission can't fire Tim Hudson, doesn't have an oversight of the SHA budget or other SHA activities and that her opposition to the HOPE VI program should be addressed to HUD, which oversees the program. 4. Beverly Pinkney, 1506 W 18th St, reported the residents are here because the City Commission appoints the SHA Board of Commissioners, the residents were omitted in the HOPE VI process and decisions were made without their input. The City and the County gave their support to the proposal. 5. Curnilia James, 44 William Clark Ct, reported the SHA and Tim Hudson do not respond to the interests of all the tenants, the residents don't want their houses torn down, nor does she want drugs around her children. She requested the City Commission not to support the SHA's plan to destroy their homes. 6. Margaret Knight, 15 Lake Monroe Terrace, reported she doesn't want her home and community demolished, and that Tim Hudson does not speak for the residents of the SHA. Mayor Dale reported this item will be continued and asked a representative to contact him to have the item on a future City Commission Agenda. 7. Tyrone Alexander, 1619 W 16th St, reported he is not satisfied with the job that has been done to clean the Mill Creek ditch, and requested it be cleaned on the west bank from 14th Jeny.... Street on the city right-of-way to 18th Street. Approval of minutes of the City Commission July 6, 1999 Budget Work Session; July 12, 1999 Work Session; and July 12, 1999 Regular Meeting. Recommended by City Manager. Cynthia....... Approved. Public Hearings. 1. First reading of Ordinance No. 3497 to rezone 1.11 acres of property between West 1 st Street and Coastline Road and between Central Park Drive and South White Cedar Road (3791 West 1st Street), from AG, Agricultural to PD, Planned Development. Leo C. Trepanier, Trustee; John Y. Mercer, agent. Recommended by Planning and Zoning Commission, Director of Engineering and Planning and City Manager. Ad published June 16 & 25, 1999. Markae & 8-9RM..... Passed 1 st reading. 2. Re: a portion of property between Airport Blvd. East and Lake Mary Blvd. East and between Central Florida Greeneway and US Hwy. 17-92 (700 East Lake Mary Boulevard). Huntington Properties and Investments, Inc., owner, Vestcor Fund XI, Ltd., agent. A. First reading of Ordinance No. 3498 to rezone 5.95:1: acres of the property from MR-2 (Multiple Family Residential) to MR-3 (Multiple Family Residential). Recommended by Planning and Zoning Commission, Director of Engineering and Planning and City Manager. Ad published June 16 & 25, 1999. Cynthia & 8-9RM..... Passed 1 st reading. B. First reading of Ordinance No. 3500 to vacate easements/rights-of-way on the property, including Americana Boulevard, Rolling Hills Boulevard and any and all other easements/rights-of-way lying within their property. Recommended by Plans Review Committee and City Manager, subject to approval of the Logan Heights Development Agreement and inclusion of assurances that the specified portion of Rolling Hills Boulevard will be stabilized. Ad published July 11, 1999, property owners notified July 8, 1999, property posted July 12, 1999. Cynthia & 8-9RM..... Passed 1 st reading. 3. First reading of Ordinance No. 3499 to rezone 42.8:1: acres of property between Smith Canal Road and Coastline Road extended westerly and between Upsala Road and Rinehart Road (1150 Upsala Road), from AG(Agricultural) to PD (planned Development). Jeno F. Paulucci, owner; Boyer-Singleton & Associates, Inc. (Judy Stewart), applicant. Recommended by Planning and Zoning Commission, Director of Engineering and Planning and City Manager, with the following conditions: 1) all development will be consistent with the Paulucci Upsala road PD Master Plan; and 2) a blanket cross access easement to all parcels/tracts will be provided. Ad published June 16 & 25, 1999. Cynthia & 8-9RM..... Passed 1 st reading. 4. First reading of Ordinance No. 3501 to vacate a portion of an easement lying between Hidden Lake Subdivision and Lake Mary Boulevard West and between Groveview Subdivision and Art Lane, on Lot 18, Sterling Woods. Recommended by Plans Review Committee and City Manager. Ad published July 8, 1999, property owners notified July 9, 1999, property posted July 12, 1999. Markae & 8-9RM..... Passed 1st reading. Regular Items. 1. Budget and Millage. Need to adopt/acknowledge: A. The current year rolled-back millage rate of6.63. (This is to acknowledge the rolled-back rate of notification to the Property Appraiser as required by Statute.) Acknowledged. B. A proposed millage rate of6.79. (This is tentative and may be changed downward at the public hearing and final consideration in September.) Adopted. C. Set a tentative budget hearing on the "proposed" budget to be held at 7:00 o'clock P.M. on September 13, 1999 in the City Commission Room. Set. 2. InoperablelUntagged vehicles -- time extension requests. Community Development Director and City Manager recommend extensions as itemized. Charles....... Authorized as recommended. 3. Boards: appointments/reappointments. A. Board of Adjustment. Larry Blair's and Barbara Knowles' terms expire on September 2, 1999, and each wishes to be re-appointed. NEED TO REAPPOINT/ APPOINT REPLACEMENT. Re-appointed both. Markae..... . B. Code Enforcement Board. There are three (3) vacancies: one member and two alternate members. NEED TO APPOINT REPLACEMENTS. Applications on file from James A. Kidd, Heidi M. Liles, Dean Ray and Steven D . Vaughn. Appointed Steven Vaughn. Charles Rowe reported another resignation, from Mary Dale Jones, creating another member vacancy. List 3 vacancies: 1 member & 2 alternate members. Markae...... . 8-9RM....... . Markae..... . Revised 11:30 a.m., July 26, 1999 c. Nuisance Abatement Board. The Board requests changing Michael Goeb to Alternate Member and Paul Legge to Primary Member. Both members have agreed to the change. NEED TO AUTHORIZE CHANGE. Authorized change. 4. Adopt Resolution No. 1818 supporting the appointment of a Lake Mary Resident to the Sanford Airport Authority, and the appointment of a non-voting liaison appointed by the Lake Mary City Commission. Adopted with change in the title "...supporting the appointment of Geoffrey Longstaff, a Lake Mary resident,....". 5. Discussion re: South Shore Club lease. TV & 8-9WS..... Commissioner Eckstein reported Sid Vihlen wants to be on the August 9 Work Session Agenda; City Manager to contact him. 6. Jan....... Consent Items. Joe...... Donna..... Jeny....... Jay..... Approve revised assignment of Marina Hotel lease. Approved. 1. Approve settlement in amount of$12,250 of past due issues for worker's compensation claim of Gary Smith. Recommended by City Manager. Approved. 2. Approve payments made during May and June, 1999. Recommended by City Manager. Approved. 3. Approve amendment to the agreement with Hazardous Substance & Waste Management Research, Inc. for Consultant Services re: the Sanford Gasification Plant, to increase the 'not to exceed' amount from $79,450 to $91,950. Recommended by City Manager. Approved. 4. Acknowledge preliminary subdivision plan for Boulevard Plaza at 3786 Orlando Drive. Recommended by City Manager. Acknowledged. 5. Authorize Mayor to execute renewal of the Interlocal Agreement creating Metroplan Orlando. Recommended by City Manager. Mayor....... Approved. Add-on items. 1. Approve Interlocal Agreement with Seminole County for CDBG Funds for the 13th Street Police Facility, in the amount of$27,374.55. Jan & Donna....... Approved. Information Only. A. FRS contract - pickup information to residents. Acknowledged. B. Code Enforcement Board Minutes for June 8, 1999. Acknowledged. Revised 11:30 a.m., July 26, 1999 C. Resignation of Code Enforcement Board member Mary Dale Jones, effective immediately. City Attorney's Report. Mayor..... . 1. Reported the city was not named as a defendant or notified of the hearing where the court issued an injunction to require the city to turn back on the water at Ridgewood Villas; the City Attorney's Office plans to ask the court to reconsider the matter and vacate the injunction. 2. Reported that regarding the Chapter 120 hearing about Fort Mellon Park and that challenge, the City Attorney's Office has analyzed the pleadings and believes many things being requested by the Committee are outside the scope of the DCA to review, and has filed a motion asking the hearing officer to narrow the scope of review so that only those issues rightfully before the DCA can be addressed, and they are trying to schedule that hearing prior to the September 8 hearing. Further, DCA has notified us that they will take the characteristics of an observer rather than a true participant in the proceedings and we have written to DCA's council asking them to reconsider and take a proactive role. Commission concurred that Mayor Dale meet with DCA regarding DCA's role in the hearing process. City Clerk's Report. .......... None given. City Manager's Report. 1. Requested City Commission confirmation of Brian Tooley as Police Chief and Mike...... introduced Mr. Tooley. Commission confirmed Mr. Tooley's selection as Police Chief 2. Requested approval for the City Attorney to initiate quiet title proceedings for a portion of the swimming pool site at Seminole High School. Authorized, in amount up to $5,000.00. 3. Reported receipt of a letter from the Seminole County Comprehensive Planning Division regarding proposed award of$335,000 CDBG funds for the October 1 cycle, for the swimming pool, Goldsboro street lights, and Georgetown and Goldsboro Master Plans. 4. Reported receipt of letters from Stan Bainter and Lee Constantine regarding getting our priorities and projects together early for next year; August 30 deadline for Stan Bainter to receive projects and a September 1 delegation meeting. He will bring to the Commission a package similar to last year's; let him know if there is anything to be added. City Commissioners' Reports. Commissioner Eckstein. No report. Commissioner Williams. 1. Reported when she heard residents' concerns about the HOPE VI program, she immediately began researching it and working on the issue. The Commission confirmed its desire that she continue to work on this and other issues as liaison to the Sanford Housing Authority. 2. Reported she will ask the County Commission to refrain from naming a private street for Dr. Martin Luther King as is being proposed, as this is an insult. Mayor Dale concurred it is an insult and not meant as an honor. Commissioner Lessard. Reported the need to clarifY and review the ordinance regarding turning off water service for non-payment of the utility bill. Commissioner Williams reported 2 weeks was not enough notice to give Ridgewood Villas residents before the water was turned off TV....... City Manager to provide recommendations if7how to handle differently. Mayor Dale. No report. ADVICE TO THE PUBUC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING OR HEARING HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS INCLUDING THE TESTIMONY AND EVIDENCE WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS286.0 1 05) PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE HUMAN RESOURCES OFFICE ADA COORDINATOR AT 330-5626 48 HOURS IN ADVANCE OF THE MEETING.