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CCMtg06-21-93MinCo n Members P naror Paul L a~a~ Deputy Mayot x vey s riison r Aex Mders on Commissioner Steve Miller commrssroner Fretl Pearl StafF Members Present: Sames A. McFellin, City Administrator raldine D Zambri, City C1eik Hecky v City A rosy Terry Haker, A Police Chief McNutt, FinanceaDireetoi Dick Wells, Planning Du ec[or 1. Mayor Lovestrand called a regular meeting to order at 7:00 PM. 2. o£ silent meditation was followed by the Pledge of ~ ~ Allegiance. sell xiger, 190 Columbus C rcle, spoke n behalf o£ the Columbus Harbour H ard.r aid o of the complaints that c up a tht last H and meeting r nthat families with children a ned because the posted speetl limit i t being observed. Hecproposed that the c t limit be reduced to 20 mph and suggested it be ity-wide u silent ial ing discussion, r ted that patiolsew set up rand radar w sed. Commissioner nP axl said that while the patrols a n the it is fine but o e they leave, the speed limits a ignored. chief Baker saidcjudges will not enforce a 20 mph limit. The Commission suggested Mr. McFellin meet with the Police Chief to discuss the problem. 4. CONBENT AGENDA: BILLS. PROVAL OFDM DNE 7, 1993. C. APPROVAL OF AN REQUIREMENTS t OF DIESEL AND UNLEADED FUEL FROM MANSFIELD OIL. S Motion by Commissioner ail, onded by Commissioner Anderson Lhat the c ent agenda, as submitted, be approved. r cazried by anaarmous ~U11 call vote. 5. PUBLIC HEARING DEAATION OF CONDITIONAL U REQUEST AND SITE P TO B ACCESS THROUGH ESR 434 IN LIEU OF PAVZNG PINE AFPLICAN'P: R.A. HAHCE/AGENT MIKE HATTAWAY. 434. Wells aid the subject property, located on SR 434, approved for a dealership and a - rehouse. He said the previously approved :n rehouse will n w be used for personal rage. Wells said the previous approval w ontingent upon o opening to the n rth of Che property O eet being allowed and P e Stree[ and Oleander beings pavede t R 434 t provide a ontinued saying, n that the building i going to be eu sed asH personal storage the request is for a driveway the site as the m s because traffic would be reduced. H said the Pine Street aaccess would be for emergency purposes onlye Mike Hattaway, 162 E. SR 434, agent fox R Bryce, said s he had talked with LP and s-taf£, and they had pretty well worked out the conditions, said he would like to bring forward a request from the o e H referenced the s and page of the staff report, N1, and said the eo ould o pally like to a it (Pine eet) for u of whis o n per onalo vehicles, and asked for an exception to the staff comment. Mayor Lovestrand opened the public hearing. No one present spoke rn favor or rn opposition to the request. n by neputy Mayor Smerilson, s onded by Commission Miller, that the r sed site plan and r sideration of Conditional U requestedr be approved subjectcto staff comments. Carried by unanrinous roll call vote. 6. PUBLIC HARING - ORDINANCE NO. 93-1139, AMENDING CODE OP ANCES, APPENDIX A, AR E%CEPTIONS, SECTION 60H,3TICLN NUSED MOTOR VEHICLED MAR HECHEATIONAL V HICLE SALE, LEAHS AND REN'PAL FAC ILI'i'IES AND LOTH, REGULATIONS, DELETING CERTAIN DISTANCE AND LOT SIZE REpOLREMENTS. Ms. Vose lead Ordinance N 93-1139 by title only. Mr. Wells noted that the ordinance being c sidered w also at the request of Mi. way. urther, s e he i volved i sales, this s olEt the code has a£f ected him sand he asked othat we look at ethree primary sections: the 1,000' separation between like u , the two acre minimum lot requirement and the 300' separation between any aid the L wed and the r salt would allow a Duple of dealershipsPAto ev the 434/42] cif their endation w cepted, i to r enthe sl c000 n separation and the t regni.rement,e but toe keep the 300' separation between property ethat is planned for residential use. Wells saitl M Hattaway still foresaw a problem with the way the ordinance is recommended and they both ditl some research. He aid Mx. Hattaway still has a property within 300 feet o£ a~. sidential but card he thought Lhe solution had been found in that the L approved the personals rage facility on the west side and the dealership o the a side. Further, because the e rage facility i a dealership, the s rage £ cility provides th© additional sseparation and he may have tthe 300 foot separation. He aid the L made it clear, the stoiage Facility was not part of the dealership. Mayor L estrand said he understood M attaway did a rvey o£ other towns and nowhere else did he find a requirement for a 300' separation. Mi. We11s said that w s true but many require walls, buffers, e wells said if reducing the separation s ewhat s being c sidered, he could do some additional research and add a wall, etc.n Commissioner Miller said he w still c ned with the 320 sq. ft. requirement t aid hecbel ieved they should be able t any oc mall a space a they c and said it only takes about 50 esq. r£tasto store a sMr. Wells said a the s rage space did n appear to be a problem to Mr. Hattaways and as he w the mitlst o£ working o the Land D velopment Code, suggested he could work on the storage requirement. Deputy Mayor Smerilson said he wished t address i s there ould be a lot of people c ntly i iolation o£ Lhen requirement and asked Ms. v if the s ould be stricken n aid i ould. o Fellincsaid he would be u omfortables i£vthe ~ Commission s uck the s ompletely and suggested the amount of stoiage space could betdecreas ed. away, 162E SR 439, spoke with regard to the 300' distance requirement and said he called other jurisdictions and asked the etback requirement from r sidential For their heaviest z ing district and w s furnished othe following information: Seminole my - 25', C selberxy - ~ Winter Springs - 30', Altamonte Springs - 30' with landscapi nq and 50' without, Apopka - 30', Maitland - 30', Orlando - 20'. aid he understood that when sidential i n the v nity of a sales, there should be s buffer but said he believed auto sales and leasing w made of stand on its o n too much. Ne suggested a 50' setback and i£ the dealership abu'tts r sidential, >5'. Ee asked the Commission to put rn a reasonable xestrrctron. Mayor L and opened the public hearing. No o e present spoke rn favorwo£tor rn opposition to ordinance 93-1139n n by Oepvty M rill an, s onded by Commisai.oner Anderson to close the public ohearing. Carried by unanrmovs ++orce vote. Commissioner Miller said he agreed with M way and proposed endment t Section 5U8 .3.A. paragraph El ttto require a 30' ~ separation and othat paragraph 2 be a ended t ead a o£ "100 sq. ft. per unrt stored". Commrss tuner Miller saidr hemwould 131 like to put that in the form of a motion. Motion failed £or lack of a second. n by Commissioner Yearl, s onded by Deputy Mayor E rilson~ that Ordinance 93-1139 be adopted ith the Following mendments: Change 60H .3.A. 1. t "50'", delete paragraph 2 a ritten and put i the word ved" and request the City Planner come back to Commission with can amended provision fot paragraph 2. esponse to a question, M Wells said he w not s e how many r lots would be permitted to locate with the separation requirement reduced to 50'. Anderson said, rn his opinion, there w still too anyru red questions and he w opposed To taking a and, theref oreswwould not support the a endment. Deputy MayorcSmerilaon aid he did not believe a problem would be created and said he thought it was reasonable. Motion c ied by a Eour to o with Mayor L and, Deputy Mayor S rilson, C Miller and C mmrssroneriPearl voting aye andmCOmmrasronex Anderson voting nay. 2. PUBLIC R ANCE N 93-1190, AMENDING F/Y 92/93 BUDG , ROVIDING NFOR BUDGET TRANSFERS. read Ordinance No. 93-1140 by title only. Mr. McFellin rev.vewed the transfers. Mayor L and opened the public hearing. No one present spoke rn fawrwof tthe ordinance. nald Flowers, 104 Hof£a Way, Mr Flowers addressed the nsfei from the a and said either too much i being collected o to being used properly because the drainage is not being tended ~ n by Commissioner Miller, s onded by Commissioner P arl, to close the public hearing. Carried by unanrmous vorce vote. arl asketl if Mr. Pepin could respond to Mr. Plowersloc ent and M McFellin said the transfer w allow the employees who work on stormwater to be paid from the stormwater n by C arl, s onded by Commissioner Anderson, that Ordinance No lo93 r114D be adopted. Carried by unanimous roll call vote. 8. PUBLIC HEARING - 93-"123, APPROVING A STIPULATED NENCITY A COM1NIUNI'LYTAFFAIRS TO RESOLVE OBJECTIONSNTOTADOPTEDE"COMPREHENSIVE aawiaea tnat ane had proof of legal atlvertisements for all r" publics hearings listed on the agenda. Mr. voce read Resolution No. 93-]23 by title only. wells explained that the City's comprehensive Plan was adopted under 9S5 and State S e 163 i July of 1992. He said it w ted to the NCAUtfor and found be - ompliance. Ne explained that vaf ter working with the iOCA of solve certain i a final draft w NCA on May 11th and o e 1D the sCity w advised that the stipulated agreement ust be uadopted by the end of t onth to preserve the grant DCA provides fox advert acing. wells aid he ending the Commission approve the Stipulated Agreement a onlymu few policy i changed but nothing damaging to the programs the City want sstoepursue. Commissioner P ail asked if this Agreement brings the City r ompliance and M Wells replied that i will allow the City nt sign a Settlement Agreement and gives the City 6o days to adopt an ordinance to bring the Plan into compliance. Mayor L and opened the public hearing. No one spoke in favor or rn opposition. Motion by C ail, s ondad by Commissioner Miller, to ~, close the publicshearinge Carried by unanimous roll call vote. I n by C r Miller, s onded by C ail, that Resolution No 1 93-]23 be adoptedc Carried by unanimous roll call mhe Commission recessed from 8:05 PM to 8:15 P.M Aobert P sell, A iardware, 17o W. SA 434, said he ved- a letter of rom the cCity A ney requesting payment for pasta utility t wed o gale of tpropane gas i the a unt of $2],552. He appealed t the Commission to reduce o ompromise o the a unt being reque ted. Ae advised that prior to October of 1992,mACe w of the requirement to pay the tax and n tax w charged t athe customers. Ne said Ace settled with the City of Sanford for $8,000. aid Orlando, W arden antl Clermont just required them to begin collectingi from that point forward. explained that she w approached t rch and said she did vnot believe the ould negotiate and the possibility of personal liability on the part of Lhe Commissioners and tberefores she requested a ney G rays opinion which she said, m ~ed her opinion. nshetexplainedethat i state ~ law antl the Ci[y did not have statutory authority tto waive or compromise on the tax owed. Commissioner Pearl asked if a n by Commissioner Miller, s onded by Deputy Mayor smerilson, that a payment plan be established through negotiations with the City Administrator, that Mr. P cel lwould n t find too taxing on his business, and that he be heltl to the tax. Commissioner P ax1 r ended the city c t the schedule o£ payment t night. a suggested any type of spayment plan be red by real estates sell noted that he did n n the property. of i est~P number of years to pay, e discussed. RDeputy Mayor smerilson said he believed setting up a plan would require the City Adminiatra[oi and City Attorney to negotiate with Mr. Parcell and that the proposed plan be presented to Commission £or approval. motion carried by by a unanimous roll call vote. 30. FZRST READING - ORDINANCE N0. 93-1142, AMENDING F/Y 92-93 BUDGET, PROVIDING FOA BD-GET TRANSFERS. sad Ordinance No. 93-1142 by title only. Fellin explained the two transfers. Re noted that the tranaf erMto fund a Building Inspector should be clarified to indicate that the position is temporary. Motion by Deputy Mayor S rilsan, s onded by Commissioner P ail, that Ordinance N 93-1142 be a cepted on first reading with the following a endment to Exhibie 1 0£ the ordinance: Building Snspector to be funded a empoiary position through October 1, 1993. Carried by unanimous roll call vote. 11. REVIEW DRAFT OF ORDINANCE 93-1141 PROPOSING read proposed Ordinance No. 93-1141 by title only. Deputy May0ros iilson said the ordinance being proposed would take the Police nepartment out of politics and would create it as a part of Commissioner Miller said at the last m ing he voted to draft the ordinance. rther said, after reading and giving i a lot of thought, and [hat he i not opposed t the Police Department, he believes this would take the Department out of the control o£ the opposed to the ordinance Mayor L and asked why this w s being done and why not any of the otheredepartments. Deputy smerilson said i s possible that the c might ask that this be done for the iF a Department and the iStreet Department and said he w s proposing this ordinance because the people have requested it i order to do away with Lhe rumors crrculati ng about doing away with the Police Department. Deputy Mayor Smerilson aid he tried to do this - threatening way and if it i eeded, then let the apeople decide. Mayor Lovestrand said the people have spoken at the last election, and he knows o£ n any plans of any person t eliminate the Police Department s aid r ould be political tide for anyone t empt to eliminate the Police Department a this t aid he obj ectetl to the ordinance because r takes ontrol mend i way £iom the c Commissioner Anderson said nhe abelieves the people a red sof having their Police having to go through the issue o£ being abolished again. Motion by Deputy Mayor 5 rilson, s onded by Commissioner Pearl, that the proposed draft of Ordinance No. 93-1141 be scheduled for first reading at the next meeting. Mayor L estrand asked the Attorney if this could be changed to a first reading of the ordinance and M aid i ould. then suggested the motion be amentled to accepts on fir t reading~e Miuex said s e ne i not x ing fox election ne ouldsl lke et make the c ent, Eor the r ord,~ that he i not n will he vote to abolish the Police Department. aid the ording i the ordinance i what bothers him. Said he really believed, nand s sed again, that the ordinance is taking the rol of the Police Uepartment o t from under the C and that i why he does n t like that particular part of therordinance and ing againat In addition he objected to the videlines m ned. Deputy Mayor Smerilson said it i still up the Commission to implement and guide and the adop[edss andarda ould preclude the s andazds from being arbitrarily set t neputy Mayor Smerilson withdrew his moiion and Commrsaroner Pearl withdrew his secontl to the mot ron. n by Deputy Mayor S rilson, onded by C mmission P arl, Mhat Ordinance N 93-1141 ebe a cepted on fist reading and that a public hearing be scheduled forcJUly 12, 1993. Carried by a three to two vote with Deputy Mayor Smerilson, Commissioner Anderson and azl voting aye and Mayor Lovestrand and Commissioner MillersvotingP nay. 32. REgUEST APPROVAL OF OVERALL CONCEPT OF "PROJECT--DANCE" A AUTIiOAIZAT20N TO EXPEND NO'P TO EXCEED $12,000 FROM THE CONFISCATION PUND. Assistant Chie£ Baker saitl the Police Department would like t present the project to Commission for their c sideration. explained that the project would provide weekly dances far youth aged 12 to 10, would affect the five major schools i and Longwood and would provide the youth with a good place to ogo. chief Haker advised that the Statutes allow a contributions £ omntCOn£iscation Lund back to the community and requestetl the Commission allocate $12,000 from the Confiscation Fund for Project--Uance. Commissioner Pearl commended Assistant Chie£ Raker for all the work he has done to bring this progr roject--Dance be approvetl and that the Police Department be authorized to expend not m e than 512,000 from the Confiscation und. red by a four to o ith Deputy Mayor 5 rilson, Comnissioner Anderson, Commissioner Miller and Commrss tuner Pearl voting aye and Mayor Loveatrand voting nay. 13. MONTHLY FINANCIAL REPORT. t presented the Monthly P ial Report for the period endingNMay 31, 1993, utt r wed r and expenditures fox all funds. advisedc that it w s the ws uenth a nary of the Sunbank loanH and beginning with the next budget ntheeinterest rate will go t fable rate and will drop to approximately 5 1/4& a opposed to the ].83 rate presently being charged. aid it would reduce the payment by approximately $53,000. ssioner Pearl c ended Mr. McNutt on the monthly report, saying it was comprehensive and easy to understand. 14. CITY ADMINISTRATOR'S REPORT. A. SC HEDOLE WORK SESSIONS TO REVIEW PROPOSED BUDGET POR F/Y 93-94. The C agreed to hold the budget work s proposed by ME SMCFellin, as follows: Thursday, Suly H, 1993 n6:30 Thursday, Suly 15, 1993 at 6:30 P and Thursday, 3uly 22, 1993~at 6:30 Y.M. - entative millage rate to be set at the Regular Commission Meeting on Duly 26, 1993. Fellin distributed a o the Coimniss ion from Mr. Wells with Mregard to the dispos itionm oft the Lewis house. Mr. Wells explained the efforts that have been made trying to s the L ned by Ed O eil, located at the c aof Wilmae and W usWarren, o£rom demolition. rther, M O'Neil has ompleted the 2]0 day waiting period and n fishes to demolish the house and develop the property. r[hei, Mi.wEllison has expressed interest r ing the house tou his property o Bay Street to estore itn Mr. Wells said negotiations w ing between Mr. O'Neil and Mr. Ellison with regard tom ing then house to Mr. Ellison's property. O'Neil has completed his ing period, he i oulongern will ing t the house entirely tr his expense (approximate c of $3,000)e At the H eeting last Thursday, M Wells confirmed that Mr. O'Neil and Mrc Ellison a ach willing to pay up to a third of the c of m ing the house ifs the Ci[y will c ribute $1,000. Furthert M Wells noted this could only be doe through a donation mader to the Hrstoirc Society. Dincnaaron aarro canes ax anaed the i of sorting a preceaent ana the t benefits gained by the o who r votes a historic structure. r. Wells said a lot of speceif is contingencies could be tied to the action. Mr. Sohn B stline saitl the 5 ety nod no problem with doing this and further aid he had oci lot of experience eating a historic s and the cost of the renovation fez outweighs any gains from tax rebates. Anderson said with the m ney that the City has spent n gettingethe studies done to place the pistrict on the historic register i would be a disgrace to muss an opportunity to save a building. t Motion by Commissioner Anderson, onded by Commissioner Pearl that the City donate $1,000 t the H atoilc Society to assist with the cost o£ moving the Lewes house.v Dvscussvon with regard to the cost distribution continued. Motion failed by a four to o wte with Mayor Lovestrand, Deputy Mayor rilson, Commi.ss inner Miller and Commissioner Pearl voting nay andmCOmmissioner Anderson voting aye. Motion by Commissioner Pearl, s onded by Commissioner Anderson, to allow the City Administrator and the City Planner t negotiate up to a $500 donation to the Historic Society fox the purpose of r ~ moving the building. ''~. Fellin suggested it be contingent upon the cost to move the building exceeding $2,500. Motion failed by a three to two v ith Mayor L and, Deputy Mayor rilson, and Miller ing nay and Commissioner Anderson and CCOmmvssvoner Yearl voting aye. final i ved from Hartman and Associates for $]]6.50. aid the ~ nc£or the request for payment w s due t the fact that theauthorization w up to a ertain level and this exceeds the terms of the contract by $660.54. Vose then presented a update of the r dispute with nole C my saying she nhas been i ith the County ney's office with regard t ending the ea isting contract and they advised they will n t do it under threat of a rate litigation and w ted to put that to bed before they would discuss agreeing to enament to the c aid a Einal mediation w heldmand the County hadtadditional figures fox the city t she said our expert did meet at length with the county rand she based on the stains of the e isting agreement with the C nty, that the ity ti£y the my that they ithdrawing opposition to the r and wish to open up negotiations allowing amendment or withdrawal from the agreement. 13] Motion by Commissioner Pearl, s onded by Deputy Mayor Smeiilaon, o pay the atlditional $fi 60.54 too Hartman and Associates. Carried by unanimous roll call vote. Commissioner Pearl asked how the bond would be affected if the city noted the c act with the C my and w elsewhere. Voss said she did nnot know right now but would look into that,Ms Hy a of the C nthorized to proceed withen the negotiations i with s the 9eCOUnty as per recommendation. 15. CITY ATTORNEY'S REPORT. A. APPROVAL O LOAN FOR RICNARDO C. JOSEPH FOR WATER CONNECTION FEES. Ms. V explainetl that M Joseph had apparently hooked i the City'ss water system without authorization. Further, nhe intlicates he is disabled and does not have the m ney to pay right for the c ection and has asked for a payment schedule. aid the City Code has a provision fox loans for s s but n t for water and saitl M seph has offeredwto makeethe paymentsoat E 1/28 and has of feredJto put a lien on the proPeity. n by Commissioner P ail, s onded by Commissioner Anderson, to cept the agreement with approval fox placing a lien on the property. Carried by unanimous roll call vote. 16 OI STRICTS k2. i Pearl thanked the City for cleaning the property a and thenc r from Columbus Harbour. asked that a letter he sent to MrinRabun, C my Administrat re, chastising him for n esponding to the requests from the city to have the property Ilea ed up. OI STRICT Y3. Commissioner Miller n ted the C mmission hatl previously discussed boats and whether o not the City should permit parking of boats n yartls. Mayor Lovestrand notetl mittee had r wed thisiin the past and suggested it be brought Forward. Mr. McFellin offered to work with Commissioner Miller in this respect. Commissioner Miller said his neighbor has been a ity r eident for years and r extremely upset about many dead t the Florida A right of way o ailroad right of way Cha[ a early Lo fall o on both of their propeit iea. aid they have acalled CS% Railroad but they never return the ca11s6 Ms. Zambri advised trying t solve the i of responsibility of the right of way. Mr. McFellin will. look sinto this issue. DISTRICT d4. Commissioner Anderson ieportea that the Dedication of the Ed Myers A wilding has been r scheduled to July 23, 1993. He said there wrill be a ribbon cutting c any by Mrs. Myers and Mr Sohn G urge. Commissioner Anderson esaid a few companies are donating food for a luncheon. Commissioner Mderson noted that long timer sident and former Mayor and City Russell Gran[ had r been cognized by the CCity sfor his n ontributions t the City. Commissioner Anderson asked eif the City Clerk's Of £ice could prepare a recognition. Mayor L estrand suggested the presentation o£ a Key to Che City and r ended a ual ard, perhaps August, ould be scheduled [o honorna r former c who has dedicated time to the City. He rz ended actual tstandards and rules be established s the a ardc does n t become c person to be ted ted upon ach yea by the ocommission. Mayor and os aid he would like t and c r Anderson's suggestion. It w s the consensus of the Commission that the suggestions be approved. DISTRICT #5. Mayor L and referenced the m nutea of S 6, 1993, page 122, where oa sagceement regarding the c Stand a ark w ned and asked Mi. McFellin whenssuch agreementt wow ld be brought forward. McFellin said he would bring an agreement to Commission prior to the fall season. 1]. Mayor L and ad'j Darned the m ing a U:oU Y.M. Deputy Mayor Emeril sonscalled a point of ordertand said he had not given his report. Mayor Lovestrand apologized and reconvened the meeting. n by C arl, s onded by C r Anderson t extend Lhe meeting fo retwo mrnutes. Carried by ounanrmous voice vote. ICT #1. Deputy Mayor 5 rilson reported negotiations betweesthe City and the two a will begin with the £irst being the Fiie Department on July 1nr1993. Deputy Mayor 5 rilson said he would like to go i after themnegotiations order to keep the Conunrssron Vinformed as to the status o£ the negotiations. Meeting adjourned at 10:02 P.M. Paal Lo~eatrana, Mayor ATTE G7 ~LfQ~c.rP .. Cli l~/-Lz/ Gerald'ne ag~Ur', ity Clerk /~~