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041398 ws/rm min.1~718672 MINUTES City Commission, SanfOrd, Florida 165 3:30 WORK SEESION April 13 1998 m The City Commission of the City of Sanford, Florida met in Work Session on Monday, April 13, 1998, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Kerry D. Lyons Commissioner Velma H. Williams City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Commissioner Willjams addressed the Commission concerning news media reports that had been circulated recently. She reported at no time has she made any statements pertaining to white officers, so that information was reported erroneously. Also, she reported she has not spoken to anybody at any meeting "one on one" about the qualifications, the attitudes, the philosophies or the behaviors of any white officers. What she has done is articulated the concerns of citizens, and a personal philosophy she has about diversity as it relates to the Community Policing Team that is in District 2. She strongly feels, unequivocally, without any reservations, that there should be diversity and that there should be at least one black policeman on that Community Policing Team. Commissioner Williams also reported there should be more black police officers on the Staff. Commissioner Willjams reported that at the two Community Meetings that she attended she simply restated the concems already stated by the citizens about the absence of a black officer on the Community Policing Team. She also reported to the citizens she had been informed by Chief Dillard that the reason there were no black officers on that Team was because none had volunteered to serve on that Team. She further encouraged the citizens to support the Community Policing Team, even though it was all white. Later she heard from the black police officers that what Chief Dillard said about n~iblack officers volunteering for the Community Policing Team in District 2 was not true, and she didn't know who to believe. Commissioner Williams felt that what has been done and said about her borders on slander. Thelma Mike reported confusion over what she thought was a positive move with the Community Policing Team, and all the controversy over black officers. A pastor from Goldsboro reported that the problems in Goldsboro have been reduced through the efforts of ChiefDillard, but there are some cultural concerns in his parish that no one can change. Another lady in the audience concurred that there have been some positive changes in Goldsboro, and reported that Commissioner Williams has been very instrumental in the improvements in the area. City Manager Selection Advisory Committee recommendations. George Wallace, Chairman of the City Manager Selection Advisory Committee, reported the Committee has completed its recommendation of the top nine applicants for the City Manager position. About 130 applications were received, and they classified them as Qualified, Maybe Qualified and Not Qualified. They then concentrated on the Qualified applicants and chose (in no particular order) Paul Alan Steinbrenner, Ron H. Rabun, Edward Mitchell, Mark D. Vanderpool, Henry Clarke Dolive, James W. Zumwalt, Michael J. Wright, Anthony Van Der Worp, and J. Michael Wilkes. The Commission received the list of applicants, their resumes, and the matrix and rating sheets of the Committee. 166 E718672 MINUTES City Commission, Sanford, Florida B: B O WORK SESSION April 13 19. 98 The Commission concurred to review all of this information and come back in two weeks to narrow the selection down to three people for the Commission to interview. Utility Projects. David Gearock of Conklin, Porter and Holmes reported when reclaimed water demands are highest is when the wastewater flows are lowest. Consequently, the idea is to take water out of Lake Monroe to supplement the reclaimed water system, and therefore service more customers, have a better beneficial use for the reclaimed water and during dryer periods supplement out of the lake. The intent is to preserve the higher quality potable groundwater supplies for drinking purposes. This is also a major goal of the St. Johns Water Management District which Staff has been working with, and the City is scheduled to receive a $300,000.00 Federal EPA Grant that would assist in procuring property for this project (with a 55% City match of the project cost). The St. Johns Water Management District wants to try to reduce groundwater withdrawals throughout the area, predicting a shortage in groundwater supply. There may be future funding for this project. Mr. Gearock reported the City is in a good position to take advantage of a State Revolving Loan Program based on work that has previously been done. In March the City submitted Requests for Inclusions (including road projects and the new water reclamation facility near the Airport) on the planning portion of the State Revolving Loan priority list which puts the City in a position, if it does certain activities, to get elevated to the fundable portion of the list. The next step is preparation of a Facilities Plan (a Water Facilities Plan and a Waste Water Facilities Plan). A Project Schedule was presented and discussed. Also a Waste Water Plant site needs to be identified and secured in order to proceed with the next phase, which is preparation of Plans and Specifications for the Water Reclamation Facility. The Plan will also address financing of the project. City Manager Simmons reported concern that the FAA does not want anything for two miles around the Airport, and he does not feel the FAA should tell the City what they can do with its Airport. The City must get aggressive and look at property adjacent to the Airport, where it would be annexable into the City. Mr. Simmons reported three possible twenty acre sites adjacent to the Airport. The Commission concurred the City Manager was to proceed with contacting some of the property owners of these sites and see what feasibly can be accomplished. Solid Waste RFP. Jerry Herman, Public Works Director, reported a meeting was held with the haulers to finalize the proposal and several items were discussed in reference to the RFP. He presented these concerns, along with his recommendations, as follows: 1) Will City Solid Waste Division be required to purchase the existing equipment in their proposal? Recommend Solid Waste not re-purchase owned equipment. After discussion the Commission concurred the Solid Waste should be required to purchase the existing equipment (on paper only). 2 ) Shotrid roll-off service be bid now so it can be merged into the contract (existing contract expires December, 2001 )? Recommend inclusion of roll-off service in the proposal to establish pricing for the contractor when the existing roll-off franchise expires. Commission concurred with recommendation. MINUTES 16 7 E718672 City Commission, Sanford, Florida 3:30 WORK SESSION April 13 1998 3) 4) 5) 6) 7) 8) The contract requires the hauler to have an office and yard located within 10 miles of the City limits. Some haulers state this is a hardship and undue expense for them. Recommend action as deemed appropriate by the Commission. The 10-mile requirement is included to limit the distance employees will have to commute, to assure the haulers facilities will allow prompt response for service and is a local call for customers. Commission concurred to leave the ten mile limit in the contract. The contract and proposal includes a 15% franchise fee, some haulers object to inclusion of a franchise fee in their rate since the City is providing billing setvices and could simply charge an additional amount over the contractor's price. Recommend franchise fee rates of 15% remain as part of the proposer's rate as stipulated in the contract. After discussion the Commission concurred to leave the franchise fee pricing in the contract. Haulers requested that a consumer price index, (CPI), or refuse rate index, (RRI), be used in the contract. The document allows the contractor to submit for increases based on landfill rate changes, and allows them to annually petition for increases because of 'substantial and unusual increases in the cost of doing business'. Recommend rate increases remain as stipulated and no automatic index be utilized. Commission concurred there should be no automatic index increase, but the Commission should not withhold authorization of a rate increase without just cause. Haulers object to the increased operating cost of submitting annual certified financial statements prepared by an independent Certified Public Accountant, and request that their internal auditors be allowed to provide the information. Recommend action as deemed appropriate. Financial reporting is not as critical when the City does the billing, the requirement would be appropriate during petitions for rate increases and perhaps it should be included in the rate increase section. After discussion the Commission concurred an audit should be required to justify a rate increase request. The contract calls for the City to hold title to the equipment and vehicles used in performing the work in addition to a performance bond equal to one year's billings; haulers requested that the performance bond remain and that the titles should not be included. Recommend action as deemed appropriate. Holding titles, in addition to the bond, is to assure that the City could repossess the equipment and perform the work if the contractor fails to meet their obligation satisfactorily. Commission concurred that a bond would be required. Does the City Commission want to require the contractor to use Seminole County facilities for solid waste disposal? Recommend action as deemed appropriate. Commission concurred the haulers need not be required to use Seminole County facilities. 168 E718672 MINUTES City Commission, Sanford, Florida 3: 3 0 WORK SESSION April x3 m98 City Manager reported after these changes are made to the proposed contract and RFP they will be submitted to the haulers, and the haulers will have approximately thirty days to respond. Contracts for Second Street Storm Sewer Interceptor Construction Project. 5erry Herman, Public Works Director, reported the bids came in on the Second Street sewer project about 10% to 15% lower than estimated. The contracts will be voted on tonight and it will be approximately 45 to 60 days before ground breaking. All sidewalks along Second Street will be done in conjunction with this project, as well as landscaping and replacing some fire hydrants. Ft. Mellon Park Redevelopment Project. City Manager Simmons recommends awarding a contract to Solin and Associates to prepare a Comprehensive Plan amendment and requisite support material regarding the Ft. Mellon Park Redevelopment Project. The City would have to pay for this, with possible reimbursement from a future developer. Ordinance No. 3406, re: Firefighters Retirement System. Donna Watt, Finance Director, reported as a result of the last meeting of the Fire and Police Pension Board it was decided to update the City Ordinances to be in accordance with the mandate laws that govern them. The only request was to change the benefit multiplier in the Fire Pension Ordinance from the current 2.78 to 2.97, which should not have any financial impact on the City. This change would be retroactive to 10/01/97. Acquisition of Sandefur property for Mill Creek Phase III B storm water retention. City Manager Simmons reported the City has received an offer to allow it to purchase the 8.12 acres of vacant land surrounded by West 20th Street, Roosevelt Avenue, West 19th Street, and Mulberry Avenue in Sanford at $40,000 per acre plus use of all fill dirt from the City's retention area. City Manager Simmons recommends asking Mr. Sandefur how they determined this figure. This is about $100,000 higher than the City's appraisal. Also, the City needs to find out the quantity of dirt they are desiring to buy. The Commission concurred this should be investigated further. Request for approval to apply to the Planning and Zoning Commission for property located at 1719. South Sanford Avenue. to permit it to be used as a Bed and Breakfast. City Manager Simmons reported this request has been voluntarily withdrawn by the applicant, and will not be addressed at tonight's meeting. Cafeteria (pretax) insurance plan through Professional Insurance Corporation. Tim McCauley, Human Resources Director, reported his concern with this issue is the timing. The City has all of its benefits out to bid right now. To expand the City's pretax program, and add items, at this time may have an adverse effect on the bids. His recommendation was to wait until next year to bid for a full-blown cafeteria plan. Mr. Doug Murdock of Professional Insurance Corporation reported they would like to assist the City in expanding its existing Section 125 cafeteria plan to include spending accounts. This would enable the City employees to pay for two categories of benefits on a pre-tax basis. These would be child care (up to $5,000.00 a year) and unreimbursed medical expenses (any medical, dental or vision expenses paid by the employee). Professional Insurance Company would pay the administrative costs of this program. City Manager Simmons suggested Mr. Murdock meet with Tim McCauley and Finance Director, Donna Watt to further explore the impact on, and benefits to, City employees before the Commission considers this option. E718672 MINUTES City Commission, Sanford, Horida 3:30 WORK SESSION April 169 13 1998 Revisions to the Chain Link Fence Regulations. City Manager Simmons reported the current regulations specify that no one can have a chain link fence in their front yard, but they can have any other kind of fence. The Commission was asked if they wished to change these regulations. After discussion the Commission concurred to let Staff work on this issue and present proposed changes to the Commission at a later date. There being no further business, the meeting was adjoumed. Attest: mr 170 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 13 19.-- 98 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, April 13, 1998, 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 Kerry D. Lyons City Attomey William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Presentation of police bicycles. Commissioner Lessard recognized Conklin, Porter and Holmes Engineers and the Kiwanis, represented by Mac McClanahan, for providing a bicycle each to the Sanford Police Department to assist in the Community Policing effort. ChiefDillard reported the bicycles are worth about $2,200.00 each. Citizen participation. Doreen Freeman reported concern that the City was going to a private firm to do a Comprehensive Plan, at a cost of $8,500.00, before the developer has confirmed what they are going to do. She was under the impression that the cost of the Comprehensive Plan was part of the developer's responsibility. Also, she didn't understand why the City engineers aren't doing the Comprehensive Plan instead of hiring an outside agency, that should be part of the City engineer' s job requirement. Mayor Dale explained the City has used this firm in the past on other Comprehensive Plans. City Manager Simmons reported the item being voted on tonight is an analysis for Future Land Use Change to the Comprehensive Plan and has nothing directly to do with what the developer, or anyone else, might do as far as developing and building. This is required by the State Land Planning Statutes that requires the City to amend the Comprehensive Plan to address the change of possible Land Use within that area from recreational to possible other types of development. He also reported the City Staff is not doing the Comprehensive Plan because it is done so infrequently that the City cannot afford to keep a paid full-time staff to handle the occasional instances. City Commission meetine minutes. Commissioner Willjams moved to approve the City Commission minutes for the March 23, 1998 Work Session and the March 23, 1998 Regular Meeting. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider condemnations/removal from condemnation. A public hearing was held to consider condemnation of structures as follows: Cond. No. I I Address I] Owner Name I I Bldg. Official Recommendation I 98-1 111 Cedar Avenue Lilian Jeffrey Recommend condemnation. 98-2 1406 E. 20th Street George H. & Helen E. Buck Recommend condemnation. E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. 17'1 MEETING April 13 19 98 98-3 98-4 98-5 98-6 98-7 98-8 98-9 98-10 Ruth Mae Church- C/O Lewis Richard & Dinah Riley Sarah & Thelma Lawrence Lona Graham & Leslie Brown Cassandra Buckner Willie C. Terry Walter & Sharon Harris Jessie Walden Heirs- C/O E. Harris 1116 W. 8th Street 546 Plumosa Avenue 917 E. 9th Street 315 S. Pecan Avenue 1713 W. 14th Street 1711 W. 14th Street 1402 W. 11 th Street 1100 W. 10th Street 98-11 1311 Olive Avenue Lyell Hintz 98-12 908 W. 13th Street Martha Doctor 98-13 1001 Pine Avenue Alfred Roberts 98-14 701 Pine Avenue Masonic Lodge 98-15 12 17 Palmetto Elizabeth Ruiz Avenue 98-16 218 W. 12th/1119 James Crews Myrtle 98-17 720 E. 9th Street Vernell Roberrs 98-18 119 S. Magnolia Neill O'Brien III Avenue 98-19 1612 W. 13th Street Anna La Fair 98-20 1603 Oleander Willie Herring Avenue 98-21 1413 W. 16th Street Willie Herring 98-22 1415 W. 16th Street Willie Herring 98-23 1300 W. 7th Street Housing Authority of City of Sanford, FL Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend removal from condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend condemnation. Recommend removal from condemnation. City Manager Simmons read a statement explaining the condemnation process as follows: "This is a formal procedure that the City is required to do as a first step toward the demolition of dilapidated structures tinless the owner(s) brings these up to code; owners who proceed to make reasonable progress toward correction of deficiencies can expect to be allowed time to make corrections upon written request". Charles Rowe, Community Development Director, reported Report Nos. 98-10, 1100 W. 10th Street, 98-18, 119 S. Magnolia Avenue and 98-23, 1300 W. 7th Street are recommended for removal from condemnation. Mayor Dale reported a conflict of interest with Report No. 98-18 and will sign a statement with the City Clerk' s office and abstain from voting on that particular item. Mayor Dale reported the Commission would hear from those persons to speak in favor of, or in opposition to, Report Nos. 98-10, 98-18 or 98-23. No one appeared. Commissioner Lessard moved to remove Condemnation Nos. 98-10 and 98-23 from the condemnation list. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye · 172 E718~72 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 13 19-- 98 Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard moved to remove Condemnation No. 98-18, 119 S. Magnolia Avenue, from the condemnation list. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Abstained Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mr. Rowe reported the Community Development Department recommends condemnation of Report Nos. 98-1, 111 Cedar Avenue; 98-2, 1406 E. 20th Street; 98-3, 1116 W. 8th Street; 98-4, 546 Plumosa Avenue; 98-5, 917 E. 9th Street; 98-6, 315 S. Pecan Avenue; 98-7, 1713 W. 14th Street; 98-8, 1711 W. 14th Street; 98-9, 1402 W. 1 lth Street; 98- 11,1311 Olive Avenue; 98-12, 908 W. 13th Street; 98-13, 1001 Pine Avenue; 98-14, 701 Pine Avenue; 98-15, 1217 Palmetto Avenue; 98-16, 218 W. 12th/1119 Myrtle; 98-17, 720 E. 9th Street; 98-19, 1612 W. 13th Street; 98-20, 1603 Oleander Avenue, 98-21, 1413 W. 16th Street; and 98-22,' 1415 W. 16th Street. Mayor Dale reported the Commission would hear from those persons present to speakon any of the properties listed on the Condemnation List. Citizens appeared as follows: Doris Rotundo, 1410 E. 20th Street, reported the property at 1406 E. 20th Street is a rough place with traffic in and out all night, and she is afraid it will catch on fire and bum her house. Something needs to be done immediately about this house. Richard Riley, owner of property at 546 Plumosa Avenue, reported he has spoken to the building department and has made improvement by cleaning up the garbage, debris, etc. on the property. He also has had the water and electric turned back on. He is looking for a contractor and working with the building inspector to see what else needs done to bring this property up to code. Commissioner Eckstein moved to condemn the property and withhold the title search for thirty days in which time the owner is to make repairs/submit a time frame for making repairs, and give the owner until May 12, 1998 to repair or demolish. If the property owner fails to effect such demolition and removal or repair within said thirty day period, the City shall demolish and remove the buildings and/or structures and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. 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 Lyons Aye Cassandra Buckher, 111 Academy Avenue, reported she bought the property at 1713 W. 14th Street last year to build an ACLF home. She contacted the City to make sure she could use the property for this purpose, and contacted the State for the proper papers. She is in the process of paying off the property, and in the meantime has relatives living in the existing structure on the property. Commissioner Lyons moved to condemn the property and withhold the title search for thirty days in which time the owner is to speak with Staff regarding zoning and other issues and make repairs/submit a time frame for making repairs, and to give the owner until May 12, 1998 to repair or demolish. If the property owner fails to effect such demolition and removal or repair within said thirty day period, the City shall FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME'FIrST NAME--MIDDLF NAME DALE, LARRY A. MAILING ADDRESS P. O. BOX 1788 CITY SANFORD DATE ON WHICH VOTE OCCURRED APRIL 13, 1998 ' COU N'FY SEMINOLE NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITFEE S~NFORD CITY COMMISSION THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITFEE ON WHICH I SERVE IS A UNIT OF: ;X CITY ! ! COUNTY ! ~ OTHER I.OCA/. AGENCY NAME OF POLITICAL SUBDIVISION: SANFORD MY POSITION IS: X.'! ELECTIVE i ;1~ 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 c~ommittee 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 inteiest will ~,ary gre~/tly'depending on whether you hold an elective or appointive position. For this reason,-please pay close attention to the instructions on this form before completing .the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 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 principal (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 decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: 7. · You should complete and file this form (before 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 1o the other members of the agency. · The form 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 in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, LARRY A. DALE , hereby disclose that on (a) A measure came or will come before my agency which (check one) .~ ~ inured to my special private gain; or , (b) The measure before my agency and the nature of my interest in the measure is as follows: The item before the City Commission was condemnation 'of 119 S. Magnolia Avenue, Condemnation Report No. 98-18. Neill O'Brien III, is a business associate of mine. APRIL 13 ,1998 : , by whom I am retained. property at The owner, NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE] 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. ETIS~T~ ,,;: MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 173 13 19 98 demolish and remove the buildings and/or structures and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Willie C. Terry, 1211 Seconded by Commissioner Williams and carried by W. 13th Place, reported the financing for repairs for the property at 1711 W. 14th Street has been delayed by the mortgage company and he would like the opportunity to bring it up to code. Commissioner Williams moved to condemn the property and withhold the title search for thirty days in which time the owner is to make repairs/submit a time frame for making repairs, and to give the owner until May 12, 1998 to repair or demolish. If the property owner fails to effect such demolition and removal or repair within said thirty day period, the City shall demolish and remove the buildings and/or structures and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye William Sleast with Jim Walter Homes, 1639 North Volusia Avenue, reported he is representing Mr. Alfred Roberts, the owner of the property at 1001 Pine Avenue. Mr. Roberts wishes to rebuild on this property, and would like the City to condemn and demolish the structure immediately, and he will pay the City for the demolition. Jim Walter Homes has been contracted to build a new home for Mr. Roberts on this site. Ted Davis, 615 E. Third Street, a member of the Masonic Lodge, reported the members of the Lodge are aware of the condition of the building at 701 Pine Avenue but they cannot afford to fix the building, so he asked for assistance from the City in the form of programs or funding that might be given to the Masonic Lodge. Charles Rowe reported that the deadline for submission of Community Development Block Grants for the upcoming fiscal year beginning October 1, 1998 has already passed, and the next opportunity for that type of money would be a year from today, which means they would not receive the money until October 1, 1999. Other possibilities would be the Division of Historic Resources, Department of State in Tallahassee, or other opportunities in the private sector, which listing may be found in the various Grants Registers and Foundation Registers (which may be found in the library at University of Central Florida). Any funding that may be granted would not be forthcoming for at least six months. Mr. Rowe did agree that this building is a landmark and of historical significance. Mr. Davis then asked if the City could assist in demolition, and the Lodge could then pay the lien a little at a time until it was paid off Mr. Rowe explained that if nothing was done to the property by the Lodge it would be demolished and a lien put against the property. Mr. Davis reported they would like the building demolished and a lien placed against the property. W. C. Cummings, Secretary, Masonic Lodge, reported the Lodge has been seeking ways to restore this structure, but they now feel it may be beyond repair. He asked for a thirty day extension to see if funding can be acquired. Commissioner Williams moved to remove this property from the condemnation list and allow the Lodge thirty days to 174 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 13 1998 acquire funding to handle the restoration or demolition themselves. Seconded by Commissioner Lyons. City Manager Simmons reported that if this item is removed from the list it would need to be readvertised when it is to be reconsidered. Commissioner Williams withdrew her motion and Commissioner Lyons withdrew his second. Commissioner Williams moved to table this item. 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 Lyons Aye Commissioner Lessard reported the property at 1217 Palmetto Avenue was bought and sold at quite a profit, and the renovation that took place was shoddy. Now this building is a safety hazard within three months. Sam Nobles spoke on behalf of James Crews, the owner of the property at 218 W. 12th Street/1119 Myrtle Avenue. Mr. Nobles reported there was a fire in this structure. Mr. Nobles was trying to purchase the structure and Mr. Crews was staying in the house off and on. The fire damage was contained to the room of origin, but there were some other problems in the house. Mr. Nobles could not contact the owner to complete the purchase of the property, or to obtain permission to pull the permits for further work. Mr. Nobles is now in contact with Mr. Crews and would like to continue working on the house and trying to purchase the house. Mr. Nobles requested to take this back to the Code Enforcement Board before it is put on the Condemnation List and see if all issues can be resolved to bring this structure within compliance with the code. Commissioner Willjams moved to condemn the property and withhold the title search for thirty days in which time the owner is to make repairs/submit a time frame for making repairs, and to give the owner until May 12, 1998 to repair or demolish. If the property owner fails to effect such demolition and removal or repair within said thirty day period, the City shall demolish and remove the buildings and/or structures and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. 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 Lyons Aye Willie Roberts, 106 Westwind Court, reported he was speaking on behalf of the owner, Vetoell Roberts, who lives in West Palm Beach, regarding 720 East 9th Street. They would like to know what needs to be done to the structure to bring it up to code. Mr. Rowe reported this structure is open to vandalism and transients and it appears the electrical, plumbing and structural systems need to be addressed. For more specifics Mr. Roberts needs to contact City Staff. Commissioner Williams moved to condemn the property and withhold the title search for thirty days in which time the owner is to make repairs/submit a time frame for making repairs, and to give the owner until May 12, 1998 to repair or demolish. If the property owner fails to effect such demolition and removal or repair within said thirty day period, the City shall demolish and remove the buildings and/or structures and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Commissioner Wi~s ~yY2 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 175 April 13 19 98 Commissioner Lessard Aye Commissioner Lyons Aye On recommendation of the City Manager Commissioner Lessard moved to condemn Report Nos. 98-1, 111 Cedar Avenue; 98-2, 1406 E. 20th Street; 98-3, 1116 W. 8th Street; 98-5, 917 E. 9th Street; 98-6, 315 S. Pecan Avenue; 98-9, 1402 W. 1 lth Street; 98-11, 1311 Olive Avenue; 98-12, 908 W. 13th Street, 98-13, 1001 Pine Avenue; 98-15, 1217 Palmetto Avenue; 98-19, 1612 W. 13th Street; 98-20, 1603 Oleander Avenue; 98-21, 1413 W. 16th Street; and 98-22, 1415 W. 16th and give the owners until May 12, 1998 to repair or demolish. If the property owners fail to effect such demolition and removal or repair within said thirty day period, the City shall demolish and remove the buildings and/or structures and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. 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 Lyons Aye Public Hearinl~ to consider revocation of Restaurant License and Alcoholic Beverage Consumption on Premises Reeistration at American West Indian Inn, 1407 W. 13th Street. Charles Rowe, Community Development Director, reported his department received a telephone call this evening from the Department of Hotel/Motel Restaurant Management, saying that they will be giving Mr. Spence back his operating license. He further reported the City Building Division has found ten items that are in violation of the Code. Only two of those items have been corrected. Mr. Sydney Spence, owner, reported that he is in fact getting his operating license back, and making what repairs he can. City Attorney Colbert reported that the City's action is not dependant on the State's action, so whatever the Commission decides is legally appropriate. Commander Bronson reported this location is where two police cars were almost completely destroyed, and there have been numerous problems with drugs, noise and arrests. Queen Willjams, a former employee of Mr. Spence, reported all of the repairs on the City's list have been taken care of, and she is not aware of any drug activity inside his establishment. If drugs were done it was behind their backs, and they cannot control what goes on outside. Chief Dillard reported that between March, 1997 and April, 1998 there have been 226 calls at this location including a variety of stabbings, shooting, vandalism, drunkenness, noise, etc. Commissioner Eckstein moved to revoke the Occupational License of the American West Indian Inn, at 1407 W. 13th Street, based on the evidence presented. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Nay Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein moved to revoke the Certificate of Registration for alcoholic beverage sale/consumption of the American West Indian Inn at 1407 W. 13th Street. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye 176 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 13 1998 Commissioner Lyons Aye Continuation of Public Hearing to consider the use of funds to be received under a U.S. Department of Justice Local Law Enforcement Block Grants Program. Tabled from the meeting of March 23, 1998. Recommendation submitted from the Local Law Enforcement Block Grants Advisory Board to use the funds to create a Crime Suppression Directed Patrol Team (CSDPT) or Power Squad, to supplement the Community Policing effort. Mayor Dale reported the Commission would hear from persons present to speak in favor of, or opposition to, this item. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved to approve the use of Law Enforcement Block Grant Funds in the amount of $127, 108.00 to create a Crime Suppression Directed Patrol Team (CSDPT) or Power Squad, to supplement the Community Policing effort. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider second reading and adoption of Ordinance No. 3385. re: annexing a portion of the property between Jewett Lane and McCracken Road and between Persimmon Avenue and West Airport Boulevard. Ad published March 26 and April 3, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3385. No one appeared. Commissioner Williams moved to adopt Ordinance No. 3385, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN JEWETT LANE AND McCRACKEN ROAD AND BETWEEN PERSIMMON AVENUE AND WEST AIRPORT BOULEVARD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; 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 Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3394, re: annexing a portion of the property between East Airport Boulevard and East Lake Mary Boulevard and between Ohio Street and Mellonville Avenue (3435 Mellonville Avenue). Ronald and Melitta Driscoll, owners. Ad published March 26 and April 3, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3394. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3394, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN EAST AIRPORT BOULEVARD AND EAST LAKE MARY BOULEVARD AND BETWEEN OHIO STREET AND MELLONVILLE AVENUE (3435 MELLONVILLE AVENUE); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 177 13 19.-- 98 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Wiliiams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearine to consider second readine and adoption of Ordinance No. 3395, re: annexing a portion of the property between State Road 46 West and West 5th Street and between Aero Lane and South White Cedar Road. David P. Lanier, Trustee. Ad published March 26 and April 3, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3395. No one appeared. Commissioner Lyons moved to adopt Ordinance No. 3395, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 WEST AND WEST 5TH STREET AND BETWEEN AERO LANE AND SOUTH WHITE CEDAR ROAD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; 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 Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearinfl to consider second readine and adoption of Ordinance No. 3397. re: rezoning a portion of the property between West 251h Street and Sarita Street and between Mohawk Avenue and Marshall Avenue (1025 W. 251h St.) from Multiple Family Residential (R-3, Seminole County Zonin~ Designation) to Planned Development (PD). Peggy M. and William D. Johnson, owners. Ad published March 26, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3397. No one appeared. Commissioner Williams moved to adopt Ordinance No. 3397, 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 WEST 25TH STREET AND SARITA STREET AND BETWEEN MOHAWK AVENUE AND MARSHALL AVENUE, FROM SEMINOLE COUNTY' S R-3 TO PD (PLANNED DEVELOPMENT); PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 Lyons Aye Public Hearing to consider first reading of Ordinance No. 3404. re: rezonin~ a portion of the property between Rinehart Road and CR 46A and between Rinehart Road and Oreton Avenue South, from (AG) Agricultural to (PD) Planned Development. Bob Walter, Acting Director of Planning and Development, reported this is the Twin Lakes Garden Apartments project consisting of approximately 50 acres and approximately 574 units. The northern 30 acres is proposed to be 15 dwelling units per acre, and the southern 20 acres is proposed to be 11.25 dwelling units per acre. The Staff recommends approval of the PD, Planned Development and associated Master Plan entitled Twin Lakes Garden 178 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 13 19-- 98 Apartments, Inc. and the Altman Development Corporation based on all information contained on the Master Plan and submitted with the master plan, plus consistency with the Comprehensive Plan and all related documentation thereof, consistency with adopted development agreements already applicable to the property and availability of services and facilities to support the proposed development. Also, the rezoning ordinance should stipulate that it shall become effective after the Department of Community Affairs issues an intent to find the associated comprehensive plan amendment to be in compliance with state law. Bill Burkett, Burkett Engineering, 250 North Orange Avenue, Orlando, Florida, reported both the City Staff and the Planning and Zoning Commission are recommending approval of the PD rezoning. Mayor Dale reported the Commission would hear from those persons present to speak in favor of, or opposition to, Ordinance No. 3404. Harry Stewart, personal representative of the Viola Kastner Estate, reported the Kastner Estate owns property adjacent to this project, to the west. Mr. Stewart reported several concerns and requested: a two-story maximum height restriction in the first tier of buildings along the western boundary, a 50-foot setback from the property line adjacent to the Kastner property with a planted ground cover buffer under the trees along that property line, a permanent wall on the western boundary similar to the wall on 46A, prohibit boating on the lake as a condition of the PD, a fence from the wall into the lake, and that the developer be required to adopt a Code of Conduct for residents and include said Code of Conduct in the rental agreements. Mr. Simmons reported that Section E.2 of the Developer's Agreement signed on March 25 provides that the developer shall dedicate to the city his riparian right to boating access on East Twin Lake and West Twin Lake and the residents shall have no right to the lakes for boating. Mr. Devlin agreed to put a restriction on lake access in the lease agreement. Mayor Dale contimed that Mr. Stewart is asking for a wall, a buffer, and a 50-foot setback. Dwight Saathoff, Attomey for the Developer, reported that the City's Code requires trees and shrubbery to be planted in the five-foot wide landscape buffer around the property, which the Developer will comply with, and which addresses Mr. Stewart's request for a tree and ground cover buffer, and the Developer will agree to all of the conditions requested by the Viola Kastner Estate except the two-story building height restriction adjacent to the Kastner property, as one of the buildings must be three stories to make this development economically feasible. The other building will be a two story building as requested. Also, the wall along 46A was agreed to so that all development along 46A in this area would be consistent, and there will be a five foot landscape buffer and a pine tree buffer, so there is no need for a wall. On recommendation of the City Manager, Commissioner Williams moved on the first reading of Ordinance No. 3404, 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 REZONE THAT CERTAIN PROPERTY~LYING BETWEEN RINEHAR T ROAD AND COUNTY ROAD 46A AND BETWEEN RINEHART ROAD AND OREGON AVENUE SOUTH FROM AG (AGRICULTURAL) TO PD (PLANNED DEVELOPMENT) PROVIDiNG FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. including the voluntary commitments of the developer (50-foot set-back along the Kastner property, the ground cover required by Code, and the lake access restriction incorporated in the rental agreement). Seconded by Commissioner Lyons and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. 179 MEETING April 13 98 19-- Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider first reading of Ordinance No. 3405. re: rezoning a portion of the property between SR 46 West and West 5th Street and between Aero Lane and South White Cedar Road from Seminole County's C-1 and MR-2 (Commercial and Multiple Family Dwelling Residential) to PD (Planned Development). Mayor Dale reported the Commission would hear from those persons present to speak in favor of, or opposition to, Ordinance No. 3405. The City Manager reported Staff recommends approval of the request to rezone to PD, Planned Development based on consistency with Joint Planning Agreement, compatibility with commercial and industrial uses development in the general vicinity of the site and availability of facilities and services to serve the proposed development. Also recommend that, pursuant to Land Use Compatibility Requirements contained in the City's Land Development Regulations, that all required landscape buffers, adequate screening and separations be provided along portions of the property that abut existing single family dwellings, especially those dwellings located on the west side of White Cedar Road. Roger Soderstrom, Ste~ing International Realty, 115 Intemational Parkway, Heathrow, representative of the owner, David P. Lanier, Jr. Trustee, reported that the proposed use is commercial or larger retail user on this 12 ½ acres. There is no specific site plan at this time. Shirley Eddidene, 3601 W. 5th Street, expressed concern whether the developer will keep this property looking nice and well maintained. Arthur Harris asked if White Cedar was going to be paved. Mayor Dale reported it would be paved, and the telephone equipment would have to be relocated. City Manager Simmons reported additional right-of-way would have to be obtained to provide for a standard width fight-of-way. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3405, 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 REZONE THAT CERTAIN PROPERTY LYING BETWEEN SR 46 WEST AND WEST 5TH STREET AND BETWEEN AERO LANE AND SOUTH WHITE CEDAR ROAD FROM SEMINOLE COUNTY' S C-1 AND MR-2 (MULTIPLE FAMILY DWELLING RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 Lyons Aye First reading of Ordinance No. 3399. re: annexing a portion of the property between Celery Avenue and First Drive extended easterly and between Brisson Avenue and Mission Boulevard (2221 E. Celery Avenue). Stanley and Jan Brumley, owners. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3399, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID 180 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 13 19 98 ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN CELERY AVENUE AND FIRST DRIVE EXTENDED EASTERLY AND BETWEEN BRISSON AVENUE AND MISSION BOULEVARD (2221 E. CELERY AVENUE); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; 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 Lyons Aye First reading of Ordinance No. 3400. re: authorizing six (6) additional Fire~ghter/Paramedic positions in the Fire Department and adopting an amended Classification and Pay Plan. City Manager Simmons reported the money for these additional personnel originally will be transferred from the Contingency Fund, but eventually may be covered by transport fees. If transport would cease, these personnel will still be needed because of a shortage at this time. On recommendation of the City Manager, Commissioner Williams moved on the first reading of Ordinance No. 3400, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, TO AUTHORIZE SIX (6) ADDITIONAL FIREFIGHTER/PARAMEDIC POSITIONS IN THE FIRE DEPARTMENT AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 Lyons Aye First readinff of Ordinance No. 3401. re: annexing a portion of the property between W. 281h Street and Laurel Drive and between Park Avenue S. and Oak Avenue extended southerly (2804 S. Park Avenue). George M. and Suellen W. Tudor, owners. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3401, emitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN WEST 28TH STREET AND LAUREL DRIVE AND BETWEEN PARK AVENUE SOUTH AND OAK AVENUE EXTENDED SOUTHERLY (2804 SOUTH PARK AVENUE); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3402. re: annexing a portion of the property betw~een Narcissus Avenue and West First Street and between Riverview Avenue and Rand Yard Road. Wayne Denseh, Inc., owner. On recommendation of the City Manager, Commissioner Eckstein moved on the ~rs!t reading of Ordinance No. 3402, E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 181 April 13 1998 entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN NARCISSUS AVENUE AND WEST FIRST STREET AND BETWEEN RIVERVIEW AVENUE AND RAND YARD ROAD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard. City Manager Simmons reported the City is going to need an interlocal agreement with the County prior to second reading and adoption of this Ordinance, to allow the County to retain zoning authority. This is one of the two adult entertainment sites in this area, and if the City would fully annex the property it would lose its County adult entertainment designation. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First readin~ of Ordinance No. 3403. re: annexinl~ a portion of the property between Ross Street and East Airport Boulevard and between Mellonvi!le Avenue and Sanford Avenue (1220 E. Airport Boulevard). Cynthia J. Vaughn and Janet L. Wolter, owners. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3403, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAD ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN ROSS STREET AND EAST AIRPORT BLVD. AND BETWEEN MELLONVILLE AVENUE AND SANFORD AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First readin~ of Ordinance No. 3406, re: amendin~ Chapter 2. Administration, Article XVI entitled Firefighters Retirement System; Sections 2-281 throul~h 2-292. of the City Code. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3406, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE XVI OF THE CITY CODE ENTITLED FIREFIGHTERS RETIREMENT SYSTEM; SECTIONS 2-281 THROUGH 2-292, OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First readin~ of Ordinance No. 3407. re: amendin~ and restating Chapter 2. Administration, Article XV, Police 18 2 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 13 98 19-- Officers' Retirement System. Sections 2-261 through 2-272. of the City Code. On recommendation of the City Manager, Commissioner Williams moved on the first reading of Ordinance No. 3407, entitled: AN ORDINANCE OF THE CITY OF SANFORD AMENDING AND RESTATING CHAPTER 2, ADMINISTRATION, ARTICLE XV, POLICE OFFICERS' RETIREMENT SYSTEM, SECTIONS 2-261 THROUGH 2-272, OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 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 Lyons Aye Resolution No. 1784, re: temporary policy regulating touch and go flight training activity during peak traffic periods at the Airport. and turning off the non-directional beacon during the same time periods. Mayor Dale reported an agreement was reached on this issue prior to this meeting so no further discussion or action is necessary by the Commission. Resolution No. 1785. re: conveyance of Little Red School House property to Tajiri Arts. entitled: On recommendation of the City Manager, Commissioner Williams moved to adopt Resolution No. 1785, A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE SALE AND CONVEYANCE OF PROPERTY TO TAJIRI ARTS INCORPORATED, FOR THE PUBLIC PURPOSE OF PROVIDING A PLACE FOR PERFORMING ARTS TO THE RESIDENTS OF THE COMMUNITY PROVIDING FOR A REVERTER CLAUSE; PROVIDING AN EFFECTIVE DATE. 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 Lyons Aye Approval of Sanford Gasi~cation Plant Site Participation Agreement. Escrow A~reement and Administrative Order of Consent. Tom Mauer, Foley & Lardner, reported the other four members, Florida Power, Florida Power and Light, Atlantic Gas and Light and Florida Public Utilities, have all signed the Consent Order with EPA, the Participation Agreement between the parties, and the Escrow Agreement. On recommendation of the City Manager, Commissioner Eckstein moved to approve the Participation Agreement, Escrow Agreement and Administrative Order of Consent, and authorize the execution of all documents necessary for those approvals. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner,Dale Commi~ Ec~ Commi~ Will~ijm~s C0m~~r Lessa~td .,C~ioner Lyons Aye Aye Aye E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 183 13 1998 Recommendation from Planning and Zoning Commission Meetin~ of March 19, 1998 and April 2. 1998. Board appointments. Commission. These recommendations were acted upon earlier in the meeting and needed no further action by the Board of Adjustment & Appeals. The City Clerk reported the term of Jerry Mills expires on May 21, 1998 and he would like to be re-appointed. Commissioner Eckstein moved to re-appoint Jerry Mills to the Board of Adjustment & Appeals. 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 Lyons Aye Nuisance Abatement Board. The City Clerk reported the terms of Robert Kuhn and Dennis Flauding expire on May 13, 1998. Mr. Kuhn would like to be re-appointed but Mr. Flauding would not. Commissioner Lessard moved to re-appoint Robert Kuhn. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale reported the Commission would need to appoint someone by the middle of May to replace Mr. Flauding on the Nuisance Abatement Board. Condemnation Status Report. On recommendation of the City Manager, Commissioner Lyons moved to authorize demolition of Condemnation Nos. 96-12, 1605 W. 7th Street and 97-2, 618 Mellonville Avenue. 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 Lyons Aye On recommendation of the City Manager, Commissioner Eckstein moved to authorize an extension to June 12, 1998, for property at 2606 Hiawatha Avenue, Condemnation No. 97-6. Seconded by Commissioner Willjams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay On recommendation of Charles Rowe, Community Development Director, Commissioner Eckstein moved to authorize a sixty day extension for property at 2200 French Avenue, Condemnation No. 97-16. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Boards: appointments/re-appointments. 18 4 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REG. MEETING April 13 1998 Commissioner Lessard Aye Commissioner Lyons Aye Mr. Rowe reported receipt of a letter from William Kolodzeski, owner, requesting another time extension for property _at 811 Elm Avenue, Condemnation No. 97-18. Mr. Kolodzeski appeared and reported he has finished the exterior except for painting and screening, and he has met with Dan Florian to see what else needs to be done. Commissioner Eckstein moved to authorize a 90 day extension for Condemnation No. 97-18. 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 Lyons Aye On recommendation of the City Manager, Commissioner Williams moved to authorize an extension until May 28, 1998 for property at 1011 Holly Avenue, Condemnation No. 97-19. 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 Lyons Nay On recommendation of the City Manager, Commissioner Eckstein moved to authorize an extension until May 28, 1998 for property at 210 S. Virginia Avenue, Condemnation No. 97-23. Seconded by Commissioner Willjams and carded by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye On recommendation of Mr. Rowe, Commissioner Lessard moved to authorize a 90 day extension for property at 1033 W. 1st Street, Condemnation No. 97-46. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consent Agenda. City Manager reported that Item 29.1., request to apply to Planning and Zoning for conditional use approval to permit use of property at 1719 South Sanford Avenue as a Bed and Breakfast, was voluntarily withdrawn from the Agenda by the applicant. Commissioner Lyons moved as follows: A. Accept lowest bid which met specifications for Bid Number IFB97/98-57, Second Street Storm Sewer, from Maxwell Construction, plus two alternates, in total amount of $1,742,898.00. Bo Authorize payment of statements from: .- (1) Stenstrom, McIntosh, C~ ~~ bc SimmOns, P.A. for professional services for month of 1~718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April March, in total amount of $8,060.45. (2) Foley & Lardner for professional services re: City Coal Gasification Plant 2/17/98 through 2/27/98, in amount of $4,333.15. (3) Seminole County for Tri-Party Agreement re: reclaimed water lines to Rinehart Road and Heathrow areas, City's portion of design and engineering consultant services in amount of $14,690.00. C. Acknowledge five invoices in total amount of$118,271.68 from Prime Construction Group, Inc. ( $111,389.69), Conklin, Porter and Holmes Engineers, Inc. ($2, 172.33, $3,367.54, $1,029.62) and Hartman & Associates, Inc. ($312.50) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 1990 and November 5, 1991. D.Approve vouchers for March, 1998. F. Accept Agreement for Performance and Payment (bond) from U.S. Site Contractors, Inc. for Sanford Central Park Phase H. Bond amount is $5,500.00. G. Approve Contract Amendments with Conklin, Porter & Holmes Engineers for Amendment 51, Reclaimed Water Augmentation, and Amendment 52, State Revolving Loan Facilities Planning, in amounts of $130,467.16 and $176,389.92, respectively. H. Approve request to file foreclosure suit against property at 1504 W. 18th Street, with the site to be used for the CDBG Demolition Relocation Program. Public Works demolished a structure on this property on August 14, 1997, and the property is not being maintained. J. Approve Amendment 28-A in amount not to exceed $110,000.00 to contract with Conklin, Porter and Holmes, for Construction Administration Services for Second Street Storm Sewer Interceptor Project. K. Approve proposed agreement with Cox Associates in amount not to exceed $2,850.00 plus reimbursables, to prepare the necessary documents to request bids from contractors to perform repairs, identified through roof analysis, at the Sanford Museum to alleviate roof leaks and leakage of an oily substance onto the floor. L. Approve transfer of $197,445.00 from General Fund Reserves for continuation of Stadium rehabilitation ($113,547.00) and continuation of Police Department fuel leak clean up ($83,898.00). Contracts were previously approved with Ray Scott and the Orlando Sports Authority for the Stadium, and with Florida Environmental Associates for the fuel leak clean up. M. Approve Seminole County Subrecipient Agreement, CDBG, Home and Ship Programs, Housing Rehabilitation Activities Program Funding in amount of $427,561.60 for program year 1996-97. N. Approve Interlocal Agreement with Seminole County and the Seminole County Sheriffs Office for Community Development Block Grant funds to provide law enforcement servic'~s and police patrols in qualified lower income areas of Seminole County. 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 Lyons Aye Commissioner Lessard moved to approve a contract with Solin and Associates, Inc., for Professional Services and preparation of Fort Mellon Park Comprehensive Plan Amendment with the condition that any future 185 13 19-- 98 186 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING April Developer reimburse the City the cost of this contract. Phase I will cost no more than $8,500.00, and the proposed cost of Phase II is between $3,000.00 and $5,000.00 depending on DCA's response. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: City Attorney's report. No report. City Clerk's report. No report. City Manaffer's report. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mr. Simmons reported along with the trailer of food the City received from Sanford, North Carolina for the tomado victims, the City has received two $25.00 checks from citizens of Sanford, North Carolina. On recommendation of the City Manager, Commissioner Lyons moved to convey the $50.00 to the Salvation Army for local use. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: City Commissioners' reports. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein - Requested that the sound system in the Commission Chambers be corrected so people can be heard when they speak at the podium. Commissioner Williams - Reported the brighter lights that the Commission voted to implement along 13th Street have not been done. Mayor Dale will write a letter to Florida Power and Light Company to try to expedite this implementation. Commissioner Lessard - No report. Commissioner Lyons - No report. Mayor Dale - Reported BFI's annual community service project this year will be to clean up both the County and the City portions of the Cemetery. There being no further business, the meeting was adjotn.~d. ~ Y 13 19 98 Attest: mr, jd