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110998 ws/rm min.E718672 MINUTES City Commission, Sanford, Florida 3: 30 425 P.M. Work Session November 9 19.98 The City Commission of the City of Sanford, Florida met in Work Session on Monday, November 9, 1998, at 3:40 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Absent: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Kerry D. Lyons Commissioner Velma H. Williams City Manager Tony VanDerworp City' Clerk Janet R. Dougherty Assistant City Attorney Catherine Reischmann City Attomey William L. Colbert The Chairman called the meeting to order. Employee of the Month Award. Mayor Dale presented June Strine with the Employee of the Month Award for November, 1998. Set~ement Agreement with Seminole Club, Inc. City Manager VanDerworp reported that at the Work Session of September 28, 1998 the Commission, by consensus, agreed to accept $100,000.00 in settlement of the case with Seminole Club, Inc. The agreement was transmitted on October 1, 1998, however, no contact was made by Seminole Club, Inc. At the Work Session of October 12, 1998 the Commission requested the City Manager notify Mr. Daniels of/he November 9, 1998 Work Session for the purpose of making a decision to move forward with pending litigation. Mr. VanDerworp reported Pete Knowles was present to represent Seminole Club, Inc. and Mike Wright, of Gray Harris, (had not yet arrived) would be available to answer questions regarding the golf course. Mr. Knowles reported that on November 4, 1998, Mr. Daniels faxed a stipulation to Mr. VanDerworp. Mr. Knowles read the stipulation which suggested the stipulation of settlement agreement begin with the remm of the Mayfair check in the sum of $255,346.00, that the City pay Mr. Daniels $100,000.00 or the cost of legal expenses, whichever is less, and Mayfair will terminate the work on the second suit concerning the City' s failure to give notice (FS 286.011) of the City's action on February 23, 1998 involving filing the letter of default and that such failure renders the action approving the issuing of the letter of default void and that both parties agree that the payments made will constitute a full and complete settlement. Mr. VanDerworp stated he had not received the letter by fax nor by mail. Mr. Knowles said the fax number used was (407) 648-2121. Mr. VanDerworp said the City's fax number is 330-5606. Mr. VanDerworp stated that on October 1, 1998 he sent by certified mail a letter which included the proposed stipulation for settlement agreement. He also said there were several phone conversations with Mr. Daniels during which the settlement agreement was discussed. Af[er discussion, the Commission concurred that Assistant City Attorney draft the appropriate documents and transmittat letters to proceed with discovery and lawsuit. Results of November 3. 1998 Referendum. City Clerk, Janet Dougherty, reported she received final, certified election results from Supervisor of Elections; 54.96% voted yes and 45.04% voted no. Acceptance of the results is scheduled for tonight's Regular Meeting. 426 MINUTES City Commission, Sanford, Florida 3:30 P.M. Work Session November 9 1998 March 2. 1999 Ch.rter Referendum- City Manager VanDerworp reported the language for the Charter Referendum needed to be adopted no later than December 28, 1998 in order to meet time frame requirements, and he would provide new language at the meeting of November 23, 1998. The Commission concurred to submit to voters the same change as December 1996 regarding Police and Fire Chiefs hired by and supervised by City Manager instead of City Commission. Police Department General Orders for take home vehicles, employee recognition, and motor vehicle crash reports. Ray Bronson, Acting Police Chief, reported the General Orders were revised to reflect the changes requested by the Commission at the meeting of October 12, 1998. After discussion, the Commission concurred to adopt the employee recognition order. The orders for take home vehicles and motor vehicle crash reports are to be revised for consideration at the Work Session of November 23, 1998. Moratorium on parking fines through the end of year in the downtown district. Jay Marder, Director of Engineering and Planning, reported the need to continue the moratorium on parking fines through the end of the year to avoid changes or disruption during the Christmas season. After discussion, the Commission concurred to make an interim decision regarding the moratorium at the Commission meeting of November 23, 1998. Census 2000 Complete Count Committee. Jay Marder reported that in preparation for the year 2000 Census, a Complete Count Committee Program is recommended to be established by the City Commission. The Complete Count Committee actively invoIves leaders from all segments of the community to stimulate response to the census, including those areas which are difficult to access and historically undercounted. The duration of the Committee should last from time of appointment until approximately June, 2000. He asked for suggestions for members of the Committee to include representatives from various organizations, including church and civic. The Commission concurred to proceed with the preparation of a Resolution for adoption on November 23, 1998, to establish the Census 2000 Complete Count Committee. Board appointments. City Clerk Janet Dougherty reported there was one vacancy for the Code Enforcement Board. Mayor Dale said he received Paul Legge's resignation from the Citizens Advisory Board. Regular Agenda items. Add-on items. and other items. City Manager VanDerworp reported there were three Add-on items: A. A request from Polo's Billiards, 3111 Orlando Drive, for 2COP alcoholic beverage sales for on premise consumption of beer and wine. B. A request to authorize additional Referendum expenses to be paid through City Manager's contingency account. C. A request to approve the Sanford Airport Authority's adopted travel policy. City Manager's briefmg. None given. E718672 City MINUTES Commission, Sanford, Florida 3: 30 427 P.M. Work S~anion Nayember q 19q8 There being no further business, the meeting was adjoumed. Attest: cp 428 E718672 MINUTES City Commission, Sanford, Florida 7 P,M, Re. gular Me.e. ting November 9 19 98 The City Commission of the City of Sanford, Florida met in Regular Meeting on November 9, 1998, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 Noah Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons Assistant City Attorney Catherine Reischmann City Manager Anthony VanDerworp City Clerk Janet R. Dougherty Absent: City Attorney William L. Colben The Chairman called the meeting to order. Presentation of service weapon. police badge, and ID card to Deputy Police Chief Dennis Whirmire. Mayor Dale, along with Acting Police Chief Ray Bronson, presented Deputy Police Chief Dennis Whitmire with his issued service weapon, police badge, and ID card as a token of the City's appreciation for his twenty-seven (27) years of dedicated service as a police officer, police sergeant, commander, and deputy police chief. Citizen participation. Lon Howell reported that Tuesday night was an extremely great night for the City of Sanford and thanked the Commissioners for their efforts regarding the Referendum. On behalf of the Committee to Promote the Hotel/Conference Center, he presented Mayor Dale and Commissioner Williams each with a certificate of appreciation and a plaque for their leadership, vision, perseverance, and dedicated effort regarding the Referendum. A man reported he had a brief discussion with the City Manager before tonight' s meeting and said there was an on going problem with Club Mayfair with regard to capital improvements, etcetera. He presented to City Manager the willingness to pay each quarter, 5% of the Club's gross revenue sales to the City of Sanford starting January 1, 1999. In return, he requested the return of the money he has on deposit, and the carry forward on the capital improvements would go away. He said currently there is capital improvement in lieu of rent. Additionally, there would have to be a modification to the lease to show that the City is receiving 5%, and in the event the lease would be assigned, the subsequent buyer would have to pay 5% of the gross revenue. He said he did a preliminary study with the National Golf Course Owners Association in Charleston, South Carolina, and said a course like Mayfair could potentially earn the City five to eight million dollars, based on 5% of the gross revenue sales, in addition to the revenue from food and beverage. Mayor Dale suggested the man put the offer in writing and present it to the City Manager; staff and Legal Counsel would review it and respond. Michael Skat, 1617 East Second Street, Sanford, Florida, reported he had resigned as vice-president of Sanford Main Street on Tuesday, November 3, 1998. He said that Sanford Main Street was a broken, poorly run organization which is completely missing its 'mission statement. He further stated that in the past two years the City and the County had contributed more than $108,000.00 of tax payer money to Sanford Main Street. He said the salary of the managers during the past two years was approximately $65,0000 and there remains $42,000 in the cash account, indicating there has been little outflow from the organization. He also said that Main Street has not done what was initially planned: the facade grants, design grants, and economic restructuring. Mr. Skat said Main Street has become an event coordination group and that needed to change. Additionally, Mr. Skat said that Sanford Main Street should not be solely dependent upon tax payer dollars for financial support CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING APPEAL FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION TO DENY THE REQUEST FOR A CONDITIONAL USE TO CONSTRUCT MULTI-FA1MILY RESIDENTIAL DWELLINGS IN A GC-2 (GENERAL COMMERCIAL) ZONING DISTRICT ON PROPERTY LOCATED AT 3865 ORLANDO DRIVE, SANFORD, FLORIDA. The City Commission, based on the clear and convincing evidence contained in the record before the Planning and Zoning Commission (hereinafter "P&Z") on September 3, 1998, makes the following FINDINGS OF FACT and CONCLUSIONS OF LAW and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 3865 Orlando Drive, Sanford, Florida is located in a GC-2, General Commercial, Zoning District. (2) That multi-family dwelling units are permitted in GC-2 zoned property as a conditional use, requiring approval by the P&Z in accordance with Schedule B, Permitted Uses, of the City of Sanford Land Development Regulations. (3) That on September 3, 1998, the P&Z denied the Conditional Use. (4) That the Applicant filed an appeal of the P&Z decision to the City Commission. (5) That the City Commission heard the testimony and reviewed the documentation presented to the P&Z regarding location, topography, the nature of the development surrounding the use, commercial and muki-family setback requirements, buffer requirements and height restrictions, the quality of the tenants, traffic, parking, infrastructure, amenities, square footage and proposed rental prices. CONCLUSIONS OF LAW (1) By reason of the foregoing, this Commission finds that the use proposed is an appropriate use of the property. (2) The Commission finds that the use will not adversely affect the public interest. (3) The Appellant/Applicant shall comply with the condition set forth on the Conditional Use Permit: to submit the site plan to the City Commission for review and approval. ORDER THEREFORE, it is ORDERED that the September 3, 1998 decision of the P&Z is overturned. The Appellant/Applicant's request for approval of the Conditional Use to construct multi-family units at 3865 Orlando Drive is approved with the stipulation that a site plan be submitted to the City Commission for review and approval. DONE and ORDERED this 9th day of November, 1998. ATTEST: ~~7, iGayor I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U. S. Mail to Meredith A. Harper, Esquire, Shutts & Bowen, LLP, Attorneys and Counselors at Law, 20 North Orange Avenue, Suite 1000, Orlando, Florida 32801, as agent for Michael E. Nortman, this ~ day of/~/2.~fl~4/, 1998. ~ugherty, Cit~lerk~~' cdr\citiesx~anford~fof-col&order: drl E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Regular Meeting 429 November ~998 and as a tax payer he felt that the organization has missed its mark. He said thin for the $50,000.00 a year that the City and the County give to Sanford Main Street that the City cotrid have an event coordinator produce the events that Main Street is responsible for producing: the parade, the fireworks, and the Christmas lights, and there would be significant money left to do important facade and street scape improvements to First Street. He urged the Commission to review the situation because the outflow of tax payer dollars is significant. Rob Crews, a member of Main Street, spoke on behalf of Sanford Main Street and stated that Mr. Skat is all wrong. He said the problems Mr. Skat has with Main Street have nothing to do with Main Street and said it was unfair that the Commission had to listen to information without theinput of the knowledgeable people who run Main Street. Mr. Crews said that Linda Kuhn, manager of Sanford Main Street, is doing a tremendous job and he has great respect for the people who serve on the Board. He urged the Commission to talk to the people involved with Main Street if they chose to research the situation. Approval of minutes. Commissioner Lessard moved to approve the minutes of October 26, 1998 Regular Meeting. 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 Continuation of Public hearing to consider appeal of denial by Plannin~ and Zonin~ Commission of a Conditional Use request to construct multi-family residential dwe!lines in a GC-2 (General Commercial) Zonin~ District on property located at 3865 Orlando Drive. Ad published October 15, 1998; property posted October 9, 1998. PubLic Hearing tabled October 26, 1998. City Manager VanDerworp reported staff recommended approval of the Conditional Use with the addition of a Type 1 fence to be required at any place where the project abuts any single family residential property. Jay Marder, Director of Engineering & Planning, reported the Planning & Zoning Commission had some concerns regarding traffic and land use compatibility between a multiple-family development project and the adjacent single family residential area known as Sunland Estates. However, the original staff recommendation to the Planning & Zoning Commission was to approve up to 260 multiple-family dwellings, because all necessary services and facilities are available and are anticipated to be adequate for potential multiple family development, there is good access to major thoroughfares, and the project would be compatible with the existing character of the area at the present time. Ken Wright, Shutts & Bowen Law Firm, was present to represent Mr. Norlman, applicant, and The Prime Group. He reported that the property fronts along U.S. Highway 17-92; the frontage would lie south of the Colorado Steak House and be bordered on the south by Sunland Estates, and be bordered on the north by Woodson Avenue. Mr. Wright requested that the Commission revisit the request and affirm City staffs recommendation for the approval of a Conditional Use permit to construct 280 multi-family units on the tract of approximately fourteen acres. He said the property is problematic for commercial development and would be more incompatible with residential uses. There is approximately 424 feet of Hwy. 17-92 frontage and the property's depth is 1,240 feet offHwy. 17-92. Additionally, there is a request to vacate Woodson Avenue on file with the City Clerk's office, which ifapproved, would prevent the public using it as access to Sunland Estates. 430 E718672 City MINUTES Commission, Sanford, Florida 7: 0 0 P.M. Reqular Meeting November 9,1998 Mr. Wright said that a site plan has not been prepared, however, research has been completed regarding environmental studies, phase I environmental studies, and threatened endangered species studies. Mr. Marder said staff recommendations regarding a front buffer would be a buffer substantial enough, approximately 20-30 feet, to provide an entrance feature as the main thing seen from the roadway. Also, there is a uniform building setback which equates to 75 feet from the right of way. Additionally, there are Land Use Compatibility Standards which require buffers and setbacks between adjacent uses including single and .multiple-family dwellings. Mr. Wright stated he agreed to the staff recommendations and the conditions of the Planning & Zoning Commission. For the record, he said that the zoning category would allow up to twenty units per acre and the calculation comes to 280 units instead of 260 units. After discussion, the Commission overtamed the Planning and Zoning Commission's denial. Commissioner Willjams moved to approve the Conditional Use request to construct multi-family residential dwellings in a GC-2 (General commercial) Zoning District on property located at 3865 O~ando Drive, contingent upon the presentation of a site plan to the City Commission for its perusal and approval. 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 Public hearin~ to consider Condemnation Reports 98-23 throuEh 98-41. Charles Rowe, Director of Community Development, reported that Report No. 98-29, 812 W. 2nd Street and Report No. 98-35, 1407 W. 1st Street are in compliance and need to be removed from the condemnation list. He recommended the remainder of the properties be condemned and the owners given thirty days to repair or demolish. Alden Matsubara, 417 W. 6th Street, Condemnation Report No. 98-38, was present and requested a ninety-day extension to allow time for the installation of windows, a new porch, and carport roof. Mr. Rowe said the Community Development Department is recommending the building be condemned and if Mr. Matsubara needed more than thirty days to make repairs, he could' submit a letter of request to the Commission and a decision could be made at the next Commission meeting. A woman, one of the heirs of Georgia Ross, 14th St., was present and requested additional time to make repairs regarding Condemnation Report No. 98-36, 1505 W. 14th Street. Mr. Rowe explained to her that she would have thirty days to repair or demolish the structure, and if during the thirty days the necessary steps are taken to repair or demolish and additional time is needed, then a letter of request could be submitted to the City Commission and a decision could be made at the next Commission meeting. Reverend Mattrice Bennett, 114 McKay Boulevard, Sanford, Florida, was present and reported that the property at 623 East 2nd Street, Condemnation Report No. 98-25, is owned by the church he pastors, Grace Apostolic Temple, and the "church is not in the position to do much with the building and will demolish it within thirty days. The church also owns the · property at 1512 W. 7th Street, Condemnation Report No. 98-24, and will take necessary steps to bring the property to code. On recommendation of the City Manager, Commissioner Lessard moved to condemn and give the owners thirty CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION BOARD FOR CERTIFICATE OF APPROPRIATENESS TO MOVE A HOUSE FROM 214 LAUREL AVENUE TO 916 PARK AVENUE, SANFORD, FLORIDA. The City Commission based on the clear and convincing evidence contained in the record before the Historic Preservation Board (HPB) on September 10, 1998, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 214 Laurel Avenue, Sanford, Florida, is located in the Old Sanford Historic Residential District. (2) That property located in the Old Sanford Historic Residential District is subject to the regulations contained in Schedule S of the Land Development Regulations, in addition to other regulations. (3) That said Schedule S provides "...that no exterior portion of any building or other structure (including walls, fences, light fixtures, steps and pavement, or other appurtenant features) ... shall be erected, altered, restored, moved, or demolished within such district until after an application for a certificate of appropriateness as to the proposed changes to exterior features has been submitted to and approved by the Board." (4) That on September 10, 1998, the HPB denied the Application for Certificate of Appropriateness "based on the fact that the house contributes to the historic character of Laurel Avenue and that it is in the Historic District and it is in a historic neighborhood, and that there is no valid reason for it being moved". (5) That the removal of the house is not appropriate. CONCLUSIONS OF LAW This commission finds that the removal of the house from the (1) neighborhood is not permitted. ORDER THERE FORE, I T I S ORDERED that the Appellant/Applicant's request to move the house from 214 Laurel Avenue to 916 Park Avenue is denied and the decision of the HPB of September 10, 1998, is confirmed and upheld. DONE AND ORDERED this 9th day of November, 1998. ~ayor~a ry A. Dal~ Attest: I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Hamid R. Pakniat, 2359 Beverly Street, Oviedo, Florida 32765, this /~ day of November, 1998. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Regular bl~e.t-~n9 431 November 91998 days to repair or demolish Condemnation Nos. 98-23, 105 Scott Dr.; 98-24, 1512 W. 7th St.; 98-25, 623 E. 2nd St.; 98-26, 1920 S. Magnolia Ave., (garage only); 98-27, 618 E. llth St.; 98-28, 1024 W. 12th St.; 98-30,1111 W. 9th St. (garage only); 98-31, 1512 W. 15th St.; 98-32, 812 Cypress Ave.; 98-33,814 Cypress Ave.; 98-34, 814 ½ Cypress Ave.; 98-36, 1505 W. 14th St.; 98-37, 419 S. Palmetto Ave.; 98-38, 417 W. 6th St.; 98-39, 1102 W. 9th St.; 98-40, 1310 Lake Ave.; 98-41, 1316 Lake Ave., and to remove Condemnation Nos. 98-29 and 98-35 from the condemnation list. 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 hearinl~ to consider appeal of denial by Historic Preservation Board of a Certificate of Appropriateness at 214 · Laurel Avenue. Property was posted October 30, 1998. City Manager VanDerworp reported that on September 10, 1998 the Historic Preservation Board considered a request to move the house from 214 Laurel Avenue to 916 Park Avenue. There was a motion to deny the Certificate of Appropriateness based on the fact that the house contributes to the historic character of Laurel Avenue, that it is in the Historic District, it is in a historic neighborhood, and there is no valid reason for it being moved. The motion to deny was passed on a 5 to 3 vote. City Manager VanDerworp recommended upholding the decision of the Historic Preservation Board. Mr. H. R. Pakniat was present and reported he is the owner of the lot at 916 Park Avenue and is the person who applied for the certificate of appropriateness to move the house from 214 Laurel Avenue to 916 Park Avenue. He said that he was denied on the basis of a personal conflict with the head of the Historic Preservation Board. He also said that he has been discriminated against because the process of moving a house from one lot to another lot has been done many times in the past and he should be allowed to do it as well. Commissioner Wflliams asked if was true that other individuals had been allowed to relocate houses from one location to another in the historic district and asked why Mr. Pakniat was not permitted to do the same, based on what was discussed at the Historic Preservation Board meeting. Mr. Martier said that the decision by the Historic Preservation Board was consistent with other decisions made by the Board to allow homes to be relocated in the historic district from other areas in the historic district when those homes were somewhat isolated, where in this case there is an entire row of original houses completely intact and the Board felt that removing the house from 2 I4 Laurel Avenue would disrupt the texture of the historic integrity of that street. Mayor Dale reported Mr. Pakniat came to his office and discussed the appeal. Commissioner Lessard reported he spoke with Mr. Pakniat regarding the appeal, Mr. Zimmer regarding zoning on the west side of Laurel between 2nd Street and 3rd Street, and Burger King regarding technical questions about the site which he referred to staff. Commissioner Lessard moved to uphold the decision of the Historic Preservation Board to deny the Certificate of Appropriateness at 214 :Laurel Avenue. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Nay Commissioner Lessard Aye Commissioner Lyons Nay 432 E718672 MINUTES City Commission, Sanford, Florida7: 00 P.M. Regular Meeting November 9 19 98 Public hearing and first reading of Ordinance No. 3444 to consider closing. vacating, and abandoning a portion of Elm Avenue and a portion of 4th Street, lying between 3rd Street and 4th Street and between Myrtle Avenue and Elm Avenue. Ad published October 22, 1998; owners notified October 22, 1998; and property posted October 22, 1998. Ordinance No. 3444 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3444. No one appeared. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3444, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT CERTAIN PORTION OF ELM AVENUE AND A PORTION OF 4TH STREET, LYING BETWEEN 3RD STREET AND 4TH STREET AND BETWEEN MYRTLE AVENUE AND ELM AVENUE IN THE CITY OF SANFORD, FLORIDA; 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 hearinE and first reading of Ordinance No. 3445 to consider closing. vacating. and abandonin~ a portion of Tropic Park Drive lyinE between Collins Drive and CR 427 and between US Hwy. 17-92 (Orlando Dr.) and CR 427. Ad published October 22, 1998; owners notified October 22, 1998; and property posted October 26, 1998. Ordinance No. 3445 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3445. No one appeared. The City Manager recommended approval, subject to providing a distribution easement for Florida Power CorporatiOn. On recommendation of the City Manager, Commissioner Lyons moved on the first reading of Ordinance No. 3445, subject to the distribution easement, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLOR/DA, CLOSING, VACATING, AND ABANDONING THAT CERTAIN PORTION OF TROPIC PARK DRIVE LOCATED BETWEEN COLLINS DRIVE AND C.R. 427 AND U.S. 17-92 (ORLANDO DRIVE) AND C.R. 427 IN THE CITY OF SANFORD, FLORIDA, RESERVING AN EASEMENT FOR PUBLIC UTILITY PURPOSES; 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 Public hearin8 to consider second reading and adoption of Ordinance No. 3441 re: adopting policies for stand-by time and for pay for work during emergencies or disasters. Ad published October 29, 1998. Ordinance No. 3441 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3441. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved on the second reading of Ordinance No. 3441, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3324 AND ITS AMENDMENTS BY ADDING SECTIONS 22.0 ENTITLED STAND-BY TIME POLICY AND SECTION 23.0 ENTITLED PAY FOR WORK DURING EMERGENCIES OR DISASTERS POLICY, TO THE CITY'S PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EffECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florkta7:00 P.M. Regular Meeting 433 November 9 1~8 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider second readinff and adoption of Ordinance No. 3443 re: rezoning a portion of property !yinff between Towne Center Circle and Rhehart Ro~d .,,and between Towne Center Boulevard and 1-4 ( 1500 Towne Center Boulevard) from PD. Planned Development. to PD. amendinS the Planned Development Master Plan. Seminole Investors, owner. Ad published October 29, 1998. Ordinance No. 3443 was read by rifle. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3443. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved on the second reading of Ordinance No. 3443, entitled: AN ORDINANCE OF THE CFFY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO AMEND THE EXISTING SEMINOLE PROPERTIES PD, PLANNED DEVELOPMENT MASTER PLAN ON PROPERTY LYING BETWEEN TOWNE CENTER CIRCLE AND RINEHART ROAD AND BETWEEN TOWNE CENTER BOULEVARD AND 1-4, TO ADD PERMITFED SPECIFIC LAND USES FOR CERTAIN TRACTS AT 1500 TOWNE CENTER BOULEVARD; 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 Request for free use of Civic Center by Kiwanis Club of Sanford. On recommendation of the City Manager, Commissioner Eckstein moved to approve the reduced rate of $120.00 for Kiwanis Club of Sanford to use the Civic Center on December 17, 1998. 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 Condemnations. On recommendation of the Director of Community Development, Commissioner Eckstein moved to authorize removal ~'om the Condemnation list the following Condemnation Report Nos.: 96-12, 1605 W. 7th St.; 97-11, 1502 W. 7th St.; 97-16, 2200 French Ave.; 97-24, 1017 Pine Ave.; 98-03, 1116 W. 8th St; 98-05, 917 E. 9th St.; 98-06, 315 S. Pecan Ave.; 98-07, 1713 W. 14th St.; 98-08, 1711 W. 14th St.; 98-09, 1402 W. 1 lth St.; 98-11, 1311 Olive Ave.; 98-13, 1001 Pine Ave.; 98-14, 701 Pine Ave.; 98-19, 1612 W. 13th St.; 98-20, 1603 Oleander Ave.; 98-21, 1413 W. 16th St.; 98-22, 1415 W. 16th St. Seconded by Commissioner Willjams 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 On recommendation of the Community Development Director, Commissioner Lyons moved to authorize extensions until December 14, 1998 for Condemnation Report Nos. 96-02, 107 East 7th Street; 97-18, 811 Elm Avenue; 98-04, 434 E718672 MINUTES 7:00 City Commission, Sanford, Florida P.M. Regular Meeting November 919.98 546 Plumosa Drive; 98-16, 218 W. 12th Street/l 119 Myrtle 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 Community Development Director, Commissioner Eckstein moved to authorize extension until February 23, 1999 for Condemnation Report No. 97-06, 2606 Hiawatha Avenue. 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 On recommendation of the Community Development Director, Commissioner Eckstein moved to authorize demolition of Condemnation Report Nos. 98-01, 111 Cedar Avenue and 98-15, 1217 S. Palmetto 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 Boards: appointments/reappointments. The Mayor reported there are two vacancies on the Code Enforcement Board. No action was taken by the Commission on this Board. Consent A~enda. On recommendation of the City Manager, Commissioner Lyons moved to remove Items G & H from the consent agenda. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williarns Aye Commissioner Lessard Aye Commissioner Lyons Aye On recommendation of the City Manager, Commissioner Lessard moved to approve Item G, Police Department General Orders, Employee Recognition, and table for further action the Vehicle Management and Motor Vehicle Crash Reports portions of the Police Department General Orders. 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 On recommendation of the City Manager, Commissioner Eckstein moved to approve Item H, Accept final, certified election results of November 3, 1998 Referendum on Ft. Mellon Park, as submitted by the Supervisor of Elections. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye E718672 MINUTES City Commission, Sanford, Florida7: O0 P.M. Regular Meeting 435 November 9 1~8 Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard moved to remove Item D, Authorize execution of Amendment to the Joint Participation Agreement, from the Consent Agenda. Seconded .by Commissioner Lyons and can'ied by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard moved to authorize execution of the Amendment to the Joint Participation Agreement with Lake Mary and Seminole County for potable water and reclaimed water to the Rinehart Road area. 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 Commissioner Wflliams moved to remove Item K, Approval of Sub-recipient Agreements, from the Consent Agenda. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner WilIiams Aye Commissioner Lessard Aye Commissioner Lyons Aye After clarification of the availability of CDBG funds and start dates for the Goldsboro neighborhood improvement projects, Commissioner Williams moved to approve Item K. 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 Commissioner Lessard moved as follows: Accept telephone quote from Braxton Recreation, in the amount of $3,839.40, for baseball caps (Recreation and Parks Department). Accept telephone quote from United Trophy, in the amount of $4,757.75, for trophies (Recreation and Parks Department). Accept bid from Williams Contracting, in the amount of $85,046.00 for Re-Bid Number IFB97/98-110, installation of a reclaimed water line on Sir Lawrence Drive and Anthony Drive (Utility Department). Authorize Wholesale Water & Wastewater Service Agreement with Seminole County for property on the west side of Old Lake Mary Road, between the Chase Groves Planned Development and the corporate limits of the City of Lake Mary. Authorize Agreement for Consultant Services with GEI Consultants, Inc., Atlantic Environmental Division, for Sanford Gasi~cation Plant. Approve request from Sanford Main Street to close 1 st Street from Park Avenue to Sanford Avenue on the first 436 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Regular Meeting November 919 98 Friday of December, 1998 and February through April 1999, from 5:30 P.M. to 8:30 P.M. in conjunction with Friday Fests. Decline renewal of West State Road 46 Maintenance Agreement with FDOT ~ Contract AD203. Approve Right-of-Way Use Agreement for Mark Grzeskowiak, J.D.'s Garage, 2550 S. Mellonville Avenue, Sanford, Florida, to add 15' to existing 9' driveway for handicap parking. Authorize execution of the Memorandum of Agreement to Develop a Seminole County Local Mitigation Strategy. 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 Add-on items. On recommendation of the City Manager, Commissioner Lessard moved to approve the request from Polo's Billiards, 3111 Orlando Drive, for 2COP alcoholic beverage sales for on premise consumption of beer and wine. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye On recommendation of the City Manager, Commissioner Eckstein moved to authorize $1,881.23 of additional Referendum expenses to be paid from the City Manager's contingency account. 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 by the City Manager, Commissioner Eckstein moved to approve the new Travel Policy for the Sanford Airport Authority. 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 City Attorney' s Report. None. City Clerk's Report. None. City Manager's Report. None. City Commissioners' Reports. None E718672 MINUTES City Commission, Sanford, Florida 7: 0 0 P.M. Regular Meetin~ 43'7 November 91~8 There being no further business, the meeting was adjourned. Attest: cp