CCMtg07-28-80251
LngxoUd City Cam:ission
July 28, 1980
TFe Inn9xvod City Commission held its ryulaz mseting at ]:30 p,m.
Present: Mayor Uskert
er Grant
Cmmissimac HepP
Mitdiell
DavidsC wcey, City Administratoe
m Rwks, City Attnmey
Oaald 'tp -ry, City Clerk
Major Uskert called the nesting to order. Invcratron follo,.ed by pledge o£
allegiance to the United States Flag.
1. Approval of minutes - ]/21/80 Aegulaz Meeting. Notion by Commissioner tlitchell,
mnd 61' Comv o approux tFe minutes of ]/21/60 a subiutted.
Vote wawous, irotron carried.t
2. Approval of minutes - ]/24/80 Nbrkshop m rand Use Map. Nation try Commissioner
mnd by Camv.ssioner Hepp to approve the minutes of ]/24/80 as sub-
mitted. Uote wanvrous, ~rotion cazried.
3. Public Patticipation Period: Bazbaza Viltittc questioned whether agenda
item mercer five mould deals etly with iroratori:nn or could she speak stout
-mnfonNng lots. Mayor Uskert stated mat anything listed on the agenda should
ne ~ at the tine listed. Mc Amks stated that he had Planned to discuss the
vssue of non-mnfomung lots in general with a revvsw o£ t} work sssron.
4. on bf cmmission Mitchell, second try Commissioner Hepp mat Grdinanm 491
be raroved frm~ table for aismssion. nrnvon carried on a wanvrous roll Cali mote.
S. Mr. t~ks discussed ordinanm 491 and the work ses on held with the Comission
3uly t], 1980. He stated Uat he Fad oa:pleted a tFOrou9h mview and it was Fir
opinion that the City Fad thine altemaTiws:
One, the City Femat use of any non-mnfonning lx that was a lot o£ remm
in 1958 wt~n Ordinance 193 was adopted.
b. 1W, me city permit use of any single n -wnforndng lot that was a lot of
record in 1958 when Ordinanrn 143 was adopted, burnt that properly omens Faving tvo
re lots with mntigwus frontage ocul.d be rewired to m=e[ frontage reluire~nts
for the zoning category they are lxated.
1fiv , '14:e Ci[y mold Provide that alternative one apply to lots in
categories R2 and R3 and that alTematiw tw apply to lots in Zcning category R1~
Me. Pinks stated tFat alternative the was a le pasition. eazcF did not
peal any prohibition against tre ting ~azio:vs zoning categoriesrdifferently. He
amretea mat the basic stanaara is mat everyone has to be trearea equally. Mr Iboks
rates u,ae ie was his opinion that alTCmaTive mree might evv,enauy leas m
vr¢w and he suggested that altematiw one or tw to ad pted as the safest way.
6. CCrnrnndssioner Hem statrd mat he Hau3ht xe xere alreaay treating Peoole differently
by requiring different standards in the carious Nng categories. Mayor Uskert
stated mat the City's policy should be the sarmzand applied to all lots regazaless
of the zorii.~ location. er Grant requested a definition of a -conforming
lot. Mr. Fcoks states thaCt avsnon-wnfomdng lot is a lot that as a resultmof a zoning
change dxs not mrmfoxm to new nquirennnts,
>. Mayor Uskert questioned wMther an wrier of five lots o£ xemrd in 1958
with amtrgwus Fmtage that aid w[ ~t zoruny raiuirarents, mold sell the
lots Sndividually and would The person purtlrasing the lot be permitted to build
on the non-ccnfordng lot. Roks stated that this practice was temed "ohecker-
Marding" and while there was not a case rn Plnrida law, New York State law Fad
held this practice to to illegal.
8. th response to a grestion onceening nwrbez' of lots amed~ P4. 1tm Ga 1 ford
rated that }us anpany caned two can-conforming lots in azea that they wire
regmxsting permission to build on. stated that all other buildiny sr would..
ox~foxm. He presented a diagram of the property and its intended use.
9. Mr. Ray tdu.tte questi¢red whether Me. Lwdsford Fad agreed that he mould build
only tw non-mn£oxming lots. Mr. Rinks stated that P7r. LundsfoN had rtade this
statsuent several tures.
lo. Mr. Sohn Crystal asked if tF real question wasn't the mntinginus fmtage
xa'FUrcnents and whetFer the problau rnuld he settled by the ~axa of Aajus4rent.
4r. Rnks s ated tlwt anyone affected by the cFange as P4. L`mdsford, Fad relevant
11. Pr. Rnks stated that he would draft an information letter for each Cmmissioner
aefir~iny nw the marious aztematimee mala Fe applied.
12, on by Cantu Mitchell, second by Comnissi.a~er Hepp to enable ordinance
491 wtil August 11,s1980e Pbtvon passed by unaetirrous roll call mote.
13. flayor Uskert stated that tM C®miission Fad rereived rnmmrendatiorms fran the
IonrF.ood Chaztr w3vi.soxy mmmuttee and M1e believed the Canmussion needed additional
tvme to study than. Ile sv9yest~ that a yrork sessvon kc held to discuss the pxo-
Pesals.
14. (roTion by ~nm second by Oammissionee Mitchell that the
on hold a xorkrse on ~ proposals sulmitted by the Charter Advisory
~muttee. Vution carriedsby unanvrous roll call mote.
15. All Ca'mu.ssioners thanked the Ch 'tP Advisory Camuttee for their Hard work
rn n=_vrzwin9 the Charter.
16. Mr. Robert Wvas addressed the Cartnission without identifying Fwrself and
Mayor Uskert requested that he s to his naae for the record. Mr. Woes made a
~.royatory m~mment area sat awn.the~yor uskert cola Pu. Names that ne wan not
ping to permit anyone to tell him to "shove it" and he requested Mr, ua
a{nlalize for the o~ma~.~,t or that ne Leave the hooting. r refnaeasm
apolo3ize and stated that he mould not leave the rteeting. ~PlayoreUSkert xepeat=d
his regaest that Mr, mores either apslayize or Leave the meeting and stared that
if he refused to m so he mould have Mr. Wves e carted o asked that
re be e mr a frrn me ran and captai„ sarfiala of tre nl ,ngw<na roii~ Wpartnent
esmrtea him fr®n the hooting.
1]. work se to discuss the pmmsals of the Charter I~dvisory Comrittee was
set for Auyus[ 14 1980.
18. Site Plan for Carriage rouse. Mr. CnacoY stated that the pxo~xty was properly
zoned, mould wnform eo iFe historical setting, w a flmd prone azea and
the wren Fad changed original azainage area as ~st~ m can fiat zs vaar
ain£ail estimate on property. Gamissioner Grant quo boned the pazking area and
the holding prod and pazkiny lot being the sage. yy yy
U~(9
263
Mc. Chacey stated that the pazking area mould `rot >z paved and that it weld Lc
filled with chips. He did not anticipate any watez problerts and said the reason
for the change was to ~,z the tree m Property. ant a1sD cplestrored
whether 1] p rking spaces w suffiscient. Eetty Macleod, m-dmer o£ pzooerty,
stag that the nor of spans should De enough.
19. Notion by Camnissiorer Hepp, semnd by C•ynnissioner Mitchell to accept Site
Plan for Carriage Fbuse. Nbtton carried by unawrous roll call vote.
20. s to Plan for Florida Homecrafters m Stale Frond 92"1. Mr. oiacey stated tlwt
the LPA, Mz. Iand and Mr. Bryant had all rewmended approval of the site Plan.
wmrented that fire hydrant would provide minimal mvezage
and Mrs Qacey s~tatend that it was a inch line with a 500/600 gallon per minute
capacity and that sttreday a 11 inch line mould Lc needed. Mr. Dick Tickal, ame ,
drea in propxed location of security lights on map.
21. on by Co Doer Nlitchell, semnd by Csnmissioner kkpp to cxpt Site Plan
for Florida Harecxafters as wrrected. Notion carrie3 iN unaeumaus roll call vote.
22. 5 to Plan foc W.x~dgate Subdivision. Mr. Cle'acey stated that he Find a letter fxari
Iand and efr. Jackson; they lave inspe ed sr very closely and wners Fve oart-
plied wiU tFwse rn;^gs we re3uested an naintenano=_ Wnd haz L received.
Notion by ~mdssioner Grant, sewnd bydWmm Mitchell to accept 4bcdgate
Suadivision. tbtion carried on wanimrvs mllscallzvotc.
23. Agenda It°tn nuNer two -Industrial SuLdivision, Rayuvod Industrial Pazk, Frrst
Addition was cancelled to nonanpleticn of ermu~een.nv zecuizarents.
24. sate Plan for H s W
Fire [Xpaz't'nv~t will draw water fran lake in back of building. Mayor [ISkert ouesti
wM fire hydrants mould Le put in. Mr. Fooks advised that he was mceting with IAr.
VandenL .g this ]c and we should be pretty close to closing a deal. t1r. Ctw.cey s
he Tlwught fire hydrants should F>= in within thxce aontivs.
25. on by Cann rer Mitchell, seosnd by Comussioner Sr+nnaem to accept sate
Plan £or1H s W ~fusesroHOtion carried br walumous roll call mote.
bnsi~ss had been inceeased fmn $25.00 to $90.00. Mr. Ctwcey discussed fee for
ing hrne which was a category from previous o SUggestea fee i only
oneshalE o£ fee charyed by !Vint Paek. CanwssionerrGrant suggested revising fees
for zetai.l msrrhants depending uron the nimoer o£ enployees. Mr. Forks Bead Ordinance
493 ty Title only. Ibtion by Crnmissioner MitCHeli, semnd by <bmmissioner Grant to
a~bmnd Ordinance 493 to read that N~rrJw' nt, retail from 1-5 e~loyees to $40.00,
fraa 6-30 enployess be $]5.00, from 30 to 50 e~loyeea L $100.00 and over fifty
tp $150.00. Nbtron carried by unanumus roll call vote.
2]. I on by Oxmu.ssioner Mittliell, semnd t5' Cttmussioner Hepp to accept Orduanre
Notron Carried by una~ous roll Ca11 vote. Public Heazing set
for August 18, 1980.
Pesolution Tb. 399 - etting fees for zoning etvanges, annexa and
alandon easemats, vaz ces and special e::aption on bz' Crnmissw' ne
sewnd by O.miu rorer Hopp to accept FRSOlution No. 395[1 tbtian varied by unaeunous
roll Call rote.ss
254
29. Resolution No. 399 -increases site elan fee fawn 530.00 to $50.00,
Building Code re ew 535.00. on by Cmmussioner Mitdeell, s was by
to scarp Resolution No. 399. P~btion carriedeby unanvrovs
roll call wtec~
30. solution tb. 400 -establishing fee for teni»rary trailer permits and
ta~gnxasy embile hate/recreation vehicle permit For tw w J's CamSSSioner
Grant stated that he objetted to r.harging a fee to pack a while hmn for two
]:s. Ptayor Oskext stated that he did not believe a fee slroula be r}iaxg~ fax
a normal oacarion period not m ex~a two w~xs.
. John Crystal :^; i.ea wt~ather the prop> 1 resolution wuuld't negate the
present ordinance that eequires that ~mbile hones be paz:kerl in bade yard.
aor:er Mitchell stated that this resolution was desioned fox uz
to pesimit them to park in driveways for two x~cs, but omers of the property
would have to park rtobile txxres in back as they are nos requires to b.
Ar. Chaoay stated the reason foc a fee was rhs to the fact the police has to
cta>ch to insure mnplianw with a tenporary permit.
31. on by Camdssioner t3epp to adopt Resolution No. 900, lotion died for
lath of a second.
32. en by Camussioner Grant that irarsons call City Ha11 for a tw week
pexmitewithout a fee and then they rtove. Mr. Forks inquired if that was a notion
o adopt Peroration Ow with those changes. rant statedthat it
on to admt Feso~ution No. 400 with those changers Mr. Pinks star d that
the City was talltin9 pslicy in solutiw that was se ring fees and he suggested
an Orrlv:ance dealing with nubile ho~res might need a~rending.
33. on by Cmmr was by (bmnissiones Mitchell to Table
Pesolu~tion Nu. 900. sCOmmissioner GGrant withdrew his :ration. Notion to Table
b=solution No. 900 was caeried by wa'wws roll call wte.
34. Resolution No. 401 -approving tentative bu3jE wxi~nditures. Mr. Cbawy
stated the reason for the reeoluti.on as the ruining raquirenents n xtat 3 by
passage of the 1RTM Bill. City will rot Fall until lastwday in August,
at that ti~re City has only eight days to pro ode Ssminole County a proposed millage
Mr. Chawy rwues d the Commission to TPntatrve approval to the
52fl2,000.00 as valorem tax budget discusser] in work se s for text year.
Chaory advised that all c must be given opinrtesityn<o attend all public
hearings on taTZ wuntyl schwl bxzd and city. the schedule is tight and our
first hearing would be October 6 and public hearing on OctoFer 22. t on by
Doer xepp, r was by commisriw, Mitchell m adopt ResoluerontNO. aol.
Mationscarriea by unanvrous roll call woe.
35. Mr. Chawy r yuestea Tlwt he be authorized to in water rates by lomring
the base rate faro $3.05 for 5,000 gallons of water to $3585 for 4,000 gallons,
G nlssioner Leant st a that ke thought in are should kz made on Rzrsons us
re roan s,ooo gallons er n+itnwu raggertoa another survay be maw g
for pers-__ using nore than S,000rgallens and thaT we wnsides both surveys in
determining increase an water rates.
36. hit. Chacey requested and xeceive3 permission to orepaxe Oxdinanw increasing
fees fox Skylark Rawer Plant.
3~. Mayor and <rnmussioner Relnrt: nitchell stated that M was rot
satisfies with the decision no to paw NHyaun Street. He said he tho:gh< it
such an ingx+rtant st u: the traffic sv rem and Usmissioner MitAell
rede a votion that the Citytpave Wayman St eet and that assess:rents be 25, 25, 50
and that it >K places bast w the age„aa.
~r~
3a. Mayor Uskert stared Inat re£oro we aid u,at, Mr. Gharey ahoola explain
what onr ~simarea o roaaa are area a t somWN,inq m
cetore taking any act Sana rl,at action eaxeo snoula apply to all oro~ss
roads area other rntesrehoma a1Rly to all residential roads.
39. Mr. 6iacey stated that a traffic survey was ospleted alproxi>tately nro
ye-u's ago and Sndicated that Waymsn was probably the Brost heavily traveled street.
Iongdale has 200 houses with 600 people and tin area is probably tM aost densely
populates dce to the 50 fmt lots and a lot of duplexes. for. ptacey stated chat
other inportant streets wem Church, Orange Wiri.ch needs to be ext ^ne,a about SO
fe=_t to mre out on S.R. 927, Ccorgia which is partially paved, WiLdenere, a~
Fange Line Road whidr sMUld be widened. Mr. Cha Y suggested that if a street
rues Me entrre city, that a spacial rote 1R established and this special r
Ce applied to vniliaz F~ stated flat oilre streets such as Pasad~n.te
and Land should have different rates. ~vnissioner Grant stated Neat to Nnught
Gmzgia was an ingnrtant street and stnuid to osasidered for paving next. Commissioner
Mitchell stated that paving Waynan Stscet would take half of the traffic fmn ('xant
Street and reduce the repair work on Grant Stxcet. fr. Ctacey stated that he was
prolnsing Waymsn Scree ce fords ware available. Csmmissioner Ion~wv~ in-
quired wFethe_r sufficient fords xere available to pave all of Wayman Street.
Mr. Cflarny stated that newt year's budget wn tried sufficient fords to wnplete
the paving fran Orange. Crnnussioner ~L# inquired stout plans for a Ned Liyht
at Hayman and S.R. 434 and t1r. Giacey stated that would hz a xt step.
CaniSSSioner Grant seconded motion by Crnrtassiorer litchell that tVayman Street be
paved on a 25; 25, 50 pucent assesem=nt basis.
Mr. Nroks suggest>d raking Fhe rzotion to recvnsidex the Hayman Street paving.
Tested if the iroti¢~ cexe one tore resider we might be able to cr
resider the last resolution rather than st ver but that he crould have to
cherhinto t further. Mr. Rvks stated that a sewnd resolution wrnIld have tU be
done rnrer.r Mayor Uskert stated that he considered the 25,25,50 assesarent fro lw
and su9ge tea a 33,33,33 ra litrhell scal=d this his re Wayrtan
Street indicated that individual amersrwouldenot benefit ~rore than 25 parcentf
Tree motion by Crnmissirner fitchell to pave Wayman St with assessnent r of
25,25,50 percent waz defeated by a 3-2 w er Hepp,
and [ffiyor Uskert voting Nay, C®m¢ssrmer~Mitchellsand Grant wing pyessi
40. on by Camussioner Iprnv'wi, secsd by Crcmu Hepp that Waynan Street
be pavedrwith assessment rate set at 33,33,33. Nbtionrrazried by a 3-2 vote,
r Heop and Mayor Uskert Voting Aye, and G~mmissioners
Geaz~tsand Mitchell voting Nayl~
91. Mr. Frisks asked if a solution was desired for the neK August 11,
1980. Mayor Uskert asked about procedures for notifying perso~amezmed. Mr.
Araks stated that two solutions have ]xen passed and he is going to see if the
ummnt the first one but the second resolution has to L publist d
and therorxmers notified by m3i1.
42. Cmmr Mitdrell stated tlwt he had insF.~ected Uxiamm~d pxgKrty to check
out m~plaint~Ne sazd they have a wagon a truck, an autambile, and a
tar pot sitting ou back yazd. Mitchell stated that he wdersta~ssls
the house i without electricity, telphomeran vecal windws are ssirry.
Caanissioner Mitchell suggested that the pxrk~uty L mndenm~. Me. d>aceY stated
that prr~erty cannot to mndammed if it structurally sowd.
43. C ner Mitchell also raluested that the City clean l7c. W. T. Rauser s
lot on lurch Street and bill Mr. Hauser.
25~
Commissioner Inxmarin stated that tbr'es espies of the Ca3ification of
wort be set for the [and Use Nap and su49ested that the Land Planning Agency.
thesCity ~mussion, the city Attorney, the City ArNUnistrator and &cb Coll
attend. A work session was set for August 21, 1980 at 1:30 p. m.
4s. c~sioner cranrea etatea mat he has ingnirea awns matauin9 a fire
hydrant on Magrolia where a ]Huse homed dwm awut :ssne mmUS ago and fim
hydrant hasn't M n installed. Mr. Chacey said ttat he vould check into it
further.
46. Coemu stated that she and Mayor Uskert met with Mr. mnFw:tt
of the Stater~parln~ent of Transp>rtation. Mr. Eenedict will w sending a letter
Tn the City explaining the m sms why they ca5't o t put in sideulk
ben:een Lyman and Milwee Middle schwl. See staTSd that they alsoainquirerl about
[he State cleaning ou[ thei.r part of the dit~ and discussed traffic lights with
ffineditt and they will not participate in any o£ that unless it u:wlves two
emajor highways. Mayor Uskert staTSa that Mr. ~nedict will send letter e>plaining
all of this so ie will haw an explanation for the [mple who inquire.
47. w M' Ccmussioner Mitchell, sewed by Commissioner Iormann that :reefing
Ca adjounmd. Potion passed bT :maniuous wte. PYCting adjourned at 10:35 p.m.
c. dC/ti:Gn `IN . 2
Y'Maymr, city of Ion9xm~l, rloriaa