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022288-Regular SessionMINUTES City Commission, San£ord, Florida February 22, 159 The City Commission of the City of Sanford, Florida, met in Regular Session in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on February 22, 1988. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner A. A. McClanahan Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank Faison City Clerk H.N. Tamm, Jr. Absent: Commissioner John Y. Mercer The meeting was called to order by the Chairman. A Public Hearing was held in accordance with Notice {erald on February 1, 1988, as follows: published in the Evening January 22, 1988 NOTICE OF A PUBLIC HEARING SANFORD, FLORIDA Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on February 22, 1988, to consider a request from Cablevision of Central Florida, a Division of American Television and Communications Corporation, to extend a franchise to September 23, 2000. Said Public Hearing to be held in accordance with the requirements of United States Cable Communications Policy Act of t984, Section 626 for the purpose of: Identifying the future and interest; and cable-=elated community needs reviewing the performance of the cable operator under the franchise during the current franchise term. Ail parties in interest and citizens opportunity to be heard at said hearing. shall have an By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) H. N. Tamm, Jr. City Clerk Publish: February 4 and 15, 1988. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed public hearing. Michael Shea, 2251 Iroquois Way, representative of Cablevision spoke in favor of said request. Mr. Shea reported that Cable was serving 5,186 basic customers, 308 miles of cable, and they were working on 15 projects and 1987 Cable paid the City $58,125.00 franchise Supervisor spoke in favor of the franchise. planning to add 498 new passing. In fee. Mr. Ken Carter, Construction 19 88 160 MINUTES City Commission, Sanford, Florida February 22, 19 8_~ The Mayor, Commissioner Thomas and Commissioner Eckstein reported that they all have had difficulty trying to reach Cablevision to report problems. The Commission also noted that some customers were not being served in the Sanford area and this should be investigated. The City Attorney explained that in the Telecommunications Act of 1944 - within 36 (thirty-six) months prior to renewal of the franchise, a cable franchisee could ask for renewal. The City Attorney explained that Cablevision has four months to make application on the renewal and propose how they can solve the problems presented tonight. Commissioner McClanahan moved to conclude the public hearing. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows-': commissioner Eckstein Yea Commissioner Thomas Yea Commissioner McClanahan Yea Mayor Smith Yea Herald on A Public Hearing was held in January 11, 1988, as follows: accordance with December 10, 1987 Notice published in the Evening NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on January 1!, 1988, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that certain property lying between US !7-92 and Flamingo Drive and lying between Collins Drive and County Road 427 is proposed to be rezoned from AD (Agricultural) District to GC- 2 (General Commercial) District. Said property being more particularly described as follows: The South 250 feet of the North 484 feet of the NE 1/4 of the SW 1/4 lying East of State Road No. 600 (US 17-92), Less the Westerly 600 feet and Easterly 280 feet, Section 14, Township 20 South, Range 30 East, Seminole County, Florida, as recorded in the Public Records of Seminole County, Florida. Ail parties in interest and citizens opportunity to be heard at said hearing. shall have an .. By order of the City Commission of the Florida. City of Sanford~ ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) H. N. Taram, Jr. City Clerk Publish: December 22, 1987 and January 1, 1988. The Chairman announced that the Commission would hear from those to speak in favor of, or in opposition to, the proposed rezoning, persons present MINUTES City Commission, Sanford, Florida February 161 Ray Mokhberi appeared to request a sixty (60) day extension. Mr. Mokhberi stated that they were only asking for a .7 acre parcel to be rezoned to store cars. The City Engineer explained that this property leans toward being a wet area and requested time to review the proposal. Commissioner McClanahan moved to table said public hearing until April 25, 1988 and requested Mr. Mokhberi to confer with the City Staff to work out any pr°blems prior to that meeting. 'Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea · A Public Hearing was held in accordance with Notice Herald on February 12, 1988, as follows: February 9,· 1988 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA published in the Evening Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on February 22, 1988, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1926 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND NARCISSUS AVENUE AND LYING WEST OF AND ABUTTING RAND YARD ROAD FROM AD (AGRICULTURAL) DISTRICT TO RI-1 (RESTRICTED INDUSTRIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. All parties in interest and citizens opportunity to be heard at said hearing. shall have an By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) H. N. Tamm, Jr. City Clerk Publish: February 12, 1988. Ordinance No. 1926, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND NARCISSUS. AVENUE AND LYING WEST OF AND ABUTTING RAND YARDROAD FROM AD (AGRICULTURAL) DISTRICT TO RI-1 (RESTRICTED INDUSTRIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. __19 88 162 MINUTES City Commission, Sanford, Florida February 22, 1988 introduced and placed on first reading at meeting of February 8, 1988 was next placed on final reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed adoption of Ordinance No. 1926. No one appeared. Commissioner Thomas moved on the passage and adoption of Ordinance No. 1926. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Commissioner Eckstein Yea Commissioner Thomas Yea Commissioner McClanahan Yea Mayor Smith Yea Thereupon,' the Chairman announced that the City Commission Sanford, F.lorida, had passed and adopted.said Ordinance No. 1926, entitled: kN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND NARCISSUS AVENUE AND LYING WEST OF AND ABUTTING RAND YARD ROAD FROM AD (AGRICULTURAL) DISTRICT TO. RI-1 (RESTRICTED INDUSTRIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. of the City of A Public Hearing was held in accordance with Notice published in the Evening Herald on February 12, 1988, as follows: February 9, 1988 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on February 22, 1988, to consider the adoption of an ordinance by the City of Sanford, -Florida, title of which is as follows: ORDINANCE NO. 1927 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN 7 FOOT UTILITY EASEMENT LYING EAST OF HIDDEN LAKE DRIVE AND LYING BETWEEN LOCH LOW LANE AND MEADOW HILLS DRIVE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. All parties in interest_ and. citizen~ shall have an opportunity to be heard at said hearing. By order of the Florida. City Commission of the City of Sanford, ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) H. N. Tamm, Jr. City Clerk Publish: February 12, 1988. Ordinance No. 1927, entitled: .~ O~IN~CE OF THE CITY OF SANFORD. FLORIDA. CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN 7 FOOT UTILITY EASEMENT LYING EAST OF HIDDEN LAKE DRIVE AND LYING BETWEEN LOCH LOW LANE AND MEADOW HILLS DRIVE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of February 8, 1988 was next placed on MINUTES City Commission, Sanford, Florida February 22, 19 88 final reading. hear from those persons present to speak in adoption of Ordinance No. 1927. Mary Tobin, agent for the owners After being read by title, the Chairman announced that the Commission would favor of, or in opposition to, the proposed appeared and stated she had letters from the owners to hold the City harmless, an unsigned agreement from the homeowner's association to grant the 20 foot utility easement and .a check for $4,000 to cover the cost of the relocation of the sewer line. The City Attorney explained that a hold harmless agreement would need to be signed by the owners and buyers, and the title would have to be verified as to the owners of the 20 foot easement. Dave Sanders also appeared to speak for the closing. Commissioner Thomas moved to table second reading and adoption of Ordinance No. 1927 to March 7, 1988 subject to owner providing proper documents to staff and approval of City Attorney. Seconded by Commissioner McClanahan and carried by the vote of the Commission as' follows: Commissioner Eckstein Commissioner Thomas Commissioner McClan&han Mayor Smith Yea Yea Yea Yea A Public Hearing was held in accordance with Notice published in the Evening Herald on February 12, 1988, as follows: February 9, 1988 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on February 22, 1988, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1928 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN 10 FOOT NORTH/SOUTH UTILITY EASEMENT LYING NORTH OF AND ABUTTING COAST- LINE ROAD AND LYING BETWEEN CODISCO WAY AND CENTRAL PARK DRIVE; PROVIDING FOR SEVERABILITY, CONFLZCTS AND EFFECTIVE DATE. -- A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. All parties in interest and citizens opportunity to be heard at said hearing. shall have an By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) H. N. Tamm, Jr. City Clerk Publish: February 12, 1988. MINUTES City Commission, Sanford, Florida February 22, 1988 Ordinance No. 1928, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN 10 FOOT NORTH/SOUTH UTILITY EASEMENT LYING NORTH OF AND ABUTTING COAST- LINE ROAD AND LYING BETWEEN CODISCO WAY AND CENTRAL PARK DRIVE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of February 8, 1988 was next placed on final reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed adoption of Ordinance No. 1928. No one appeared. Commissioner McClanahan moved on the passage and adoption of Ordinance No. 1928. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Yea Commissioner Thomas Yea Commissioner McClanahan Yea Mayor Smith Yea Thereupon, the Chairman announced that the City Commission Sanford, Florida, had passed and adopted said Ordinance No. 1928, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN l0 FOOT NORTH/SOUTH UTILITY EASEMENT LYING NORTH OF AND ABUTTING COAST-LINE ROAD AND LYING BETWEEN CODISCO WAY AND CENTRAL PARK DRIVE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. of the City of The Commission considered a request from the University of South Florida for payment of final invoice for the Westside Neighborhood Strategy (WINS) Task - Phase I & II - in the amount of $4,710.00. On recommendation by the City Manager, Commissioner McClanahan moved to table said request to the meeting of March 28, 1988. by the vote of the Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Seconded by Commissioner Thomas and carried Yea Yea Yea Yea Commissioner McClanahan moved to approve the minutes for meetings of January 1!, 18,~and 25, 1988 and February 1, 1988. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea The Commission considered the request to appoint two members to the Human Relations Advisory Board to fill vacancy of Dennis Stewart and Father Czarnecki (declined the appointment). The Commission authorized said request be placed on the worksession agenda for March 7, 1988. MINUTES City Commission, Sanford, Florida 165 February 22, Planning and Zoning Recommendations submitted as follows: from the meeting of February 4, 1988 MEMORANDUM TO: FROM: SUBJECT: DATE: City Clerk Zoning Inspector~ Planning and Zoning Meeting of 2/4/88 February 5, 1988 RECOMMENDATIONS Unanimously recommended the adoption of the Comprehensive Plan Amendment for Small Scale Development for property located at 110 Rand Yard Road. By a vote of 5 to 1, recommended the Residential Care Facility Ordinance with the attached changes, as made at the Planning and Zoning workshop on 1/28/88. Action on the Public Hearing was continued after being tabled November 19, 1987. Mr. Carli made a suggestion that if there were any additional changes made by the City Commission, the Ordinance then come back to the Planning and Zoning Commission for another Public Hearing. Harry Ellis of the minority report, asked that the Commission- ers proceed very slowly and carefully to insure that there is adequate protection in the Ordinance. Mrs. Vida Durley, an ACLF owner, spoke in favor of the Ordinance. The Commission authorized the Residential Care Ordinance to be placed on the worksession Agenda for March 7, 1988. The City Manager submitted a Tabulation of Bid 987/88-21, Automotive Hydraulics Lift for the Fleet Maintenance repair shop as follows: BID TABULATION RID TITLE ,Automotive Hydraulics Lift ~mmz~e,,-a~m~=mm~lml~s~um OPENED BY: Ju~ ~rez BID NUMBER 87/88-21 ~m~.~.,~.~r~ 'TABULATED BY' A. w. c~ OPENING DATE 2/9/88 TIME .2:0q..p,m. ~~~m~.. VERIFIED BY:.,~ ~sley · PO~G TIME/DATE FROM:. /.--~UNTIL , /., PAGE _OF,' PAGE[S) BIDDERS TERMS A/H/L L~ade Net Bid Del. DTE' Ross Corp. 6,550.00 2,000.00 ~ 14L21 dys Fla. Petroleun 6,900.00 700.00 6,200.00 2 ~ks aftep P.O Adv. Pet. & Equip. :5,720.00 100.00 5,620.00 n/a . Herbert Corp. i,t~. BI,,D ,REC ~IVED, Dingrnan ~etroleum 7,~96.00 -0- 7,496.00 3/88 6r sc )net ' ~U~ ~ 15 I~tuests, 4 ~s a~t t: 2-01-42647-5 JO04 REV. 11-5-85 19 88 166 MINUTES City Commission, Sanford, Florida February 22, 1988 Commissioner McClanahan moved to authorize the lowest bid meeting specifications from Ross Corporation in the amount of $4,550.00. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Request submitted hardship basis, at 1701 Celery Avenue. Commissioner McClanahan moved to authorize the a trailer permit for 1701 Celery Avenue, with proper permit to meet code requirements. Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Yea Commissioner Thomas Yea Commissioner McClanahan Yea Mayor Smith Yea from Joe and Diane Watson for a one year trailer permit, on a one year at Seconded by The City Manager requested the use for spray irrigation of the Groveview Village - Florida Power & Light Easement be referred to the work session of March 7, 1988. Request for annexation submitted from Debra Trizzino, et al of, a portion of that certain property lying East of and abutting Upsala Road and lying between Old SCL R/R and West 25th Street (C.R.46A), further described as follows: Lot 24, New Upsala as recorded in Plat Book 1, Page 67, Seminole County Records. On recommendation of staff, Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Request for annexation of and water service submitted from Luis Vergara, Trustee to a portion of that certain property lying between Lake Mary Boulevard and Broadmore Road and between US 17/92 and Country Club Road, further described as follows: The Northeast 1/4 of the Northeast 1/4 of the -~ Southwest 1/4 of Section 15, Township 20. South, ,. Range 30 East consisting of approximately 30 acres. Mack Cleveland, Attorney representing Mr. Vergara, stated in view of the practical problems they would withdraw the annexation request and request water service on approval of the Commission and further Mr. Vergara would bear the cost of the water line extension. Commissioner McClanahan the property owner and report back moved to authorize staff to negotiate the requests with to the Commission with recommendations. Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Seconded by MINUTES City Commission, Sanford, Florida 167 February 22, 19 88 l Commissioner Thomas moved to authorize the Mayor and City Clerk to execute a [ease to the Sanford Gymnastics Association for ten (10) lots described as follows: Lots 1 through 5 and Lots 16 through 2% Block 6, Plat Book 4, Page 82 as recorded in the Public Records of Seminole County, Florida. by Commissioner Eckstein and carried by the vote of the Commission as follows: Commissioner Eckstein Yea Commissioner Thomas Yea Commissioner McClanahan Yea Mayor Smith Yea On recommendation of the City Manager, Commissioner McClanahan moved to authorized execution of the contract with McIntosh Associations for a Topographic Survey of Site 10 for 2200 acres. Seconded by Commissioner Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Thomas and carried by the vote of the Yea Yea Yea Yea The City Manager submitted a proposed Cost of Living Adjustment of 4% for Fiscal Year beginning October 1, 1988 for budget planning. only. follows: Commissioner Thomas moved to approve a 4% increase for Budget planning purposes Seconded by Commissioner McClanahan and carried by the vote of the Commission as Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith On recommendation authorize the City Attorney Nay Yea Yea Yea of the City Attorney, Commissioner McClanahan moved to to appeal the Paulucci/Kastner Annexation Case to the' Fifth District Court of Appeals. Seconded bY Commissioner Thomas and carried Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea by the vote of the On Payment of statements (A though E) as follOWS: (a) recommendation of the City Manager, Commissioner Thomas moved to approve (b) From Conklin, Porter & Holmes Engineers, Inc. for engineering services 1/9/88 through 2/5/88: Water Quality. Studies ............... $ 1,962.46 Construction Sludge Handling Facility ..................................... $ 4,538.98 CDBG Drainage Studies ............... $ 5,670.57 From Briar Construction Company for Bevier Road reconstruction work ................. $ 21,564.90 (c) From Donald W. McIntosh Associates, Inc. for professional services, period ended 1/22/88 ' $ 16 978 75 eeeeeeeeeeeeeeeeeeeee®ee®emeeeeeeeeee ~ · 168 MINUTES City Commission, Sanford, Florida (d) From DeWitt Excavating Inc. Contract 1, Part 1 (EPA) ............ Contract 1, Part 2 (State) .......... $ Contract 1, Part 3 (City) ........... $ (e) From City Attorney for services rendered In January, 1988 .................... $ 31,579.56 7,135.93 530.99 5,509.78 Seconded by Commissioner~~~nd carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Fred Fontaine, 2536 Mohawk Avenue, submitted a petition from twent¥-seuen of his neighbors requesting the Commission to restrain Mr. Vancoste from feeding pigeons for health and safety reasons. There being no further business, the meeting was adjourned. ATTEST: _~Cit~erk ~_~