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081489-Regular Session264 MINU ES City Commission, Sanford, Florida August 14 19 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 August 14, 1989. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert' Thomas Commissioner A.A. McClanahan Commissioner Lon Howell City Attorney William L. Colbert City Manager Frank A. Faison City Clerk Janet R. Donahoe The meeting was called to order by the Chairman. Recognition awards and plaques were presented by Mike Kirby of the Recreation Department for participation in the first annual Soap Box Derby held in Sanford on July 15, 1989, to the following: Dave Gibson, Seminole Community College; Sheldon Change, Sanford Gulf Station; Pat Hanson, Little Caesars; Colin Galloway, Rotaract Club; Diane Taylor, Board of Directors; Dave Farr, Board of Directors; Phil Roche, A.J. Lossing Transportation; and Jeff Dean, a local attorney who donated $1,000 towards timing equipment for the next annual Soap Box Derby. Mr. Kirby stated that the two winners of the events, Steven Smith and Tina Hopkins, were awarded an all expense paid trip to Akron, Ohio to participate in the finals. A brief VCR presentation of the first annual Soap Box. Derby was shown to the Commission and Mr. Kirby expressed his sincere thanks to all who participated in many various audience. ways. Steven Smith presented a flag to Mr. Kirby and ~posters depicting various Space Shuttle Missions to the Commission in appreciation. The Mayor thanked all who participated, and Mr. Mike Kirby for a job well done and stated the Commission was looking forward to next years race. Request to speak was submitted by Turner Clayton, President of the Seminole County NAACP. Mr. Clayton addressed the Commission concerning the derogatory remarks made at a recent Sanford Housing Authority Board Meeting by Board Member J. Wain Cummings. He stated several appointees to this Board have made remarks of a similar nature, and was asking the Commission to remove Mr. Cummings from the Board and to issue a public apology on his behalf. Commissioner Thomas stated he was appalled at the statement Mr. Cummings made, and felt it was time for Sanford to begin building a better image. he felt Mr. Cummings should be removed, along remarks intending to "hide" Mr. Cummings remark. appeared at tonight's meeting. with Board He stated Commissioner Thomas stated Member Terri Burratti for her he was delighted Mr. Clayton Commissioner Howell questioned the City Attorney whether the Commission has the power to remove Mr. Cummings. The City Attorney replied that the Commission has the power to remove a Board Member for inefficiency, neglect of duty, or misconduct in office, after giving ten days written notice of the charges and holding a hearing. The City Attorney stated he was not present at this particular Board Meeting, that he felt it was certainly an embarrassment for the City, and certainly inappropriate behavior, but did not meet the legal definition of "inefficiency, neglect of duty or misconduct in office." MINUTES City Commission, Sanford, Florida 265 19 89- The Mayor announced that she is in the process of writing a personal letter of reprimand to Mr. Cummings. Commissioner Eckstein suggested that all Commissioners submit a letter of reprimand to Mr. Cummings on behalf of the City Commission. A Public Hearing was held in accordance with Notice published in the Evening Herald on June 30, 1989, as follows: rCDTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN NOTICE lB HEREBY GIVEN tf,a'[ 'the CiJ. y r,{. Sant:or.d will hold public hearing r,n August 14, 1989 ~r, Com;~,js~.JDn Chambep~. City Hsll. BOO Nbp~h PspR Avenue~ Ssr,~r, pd~ Flor'ida. lr~ wi~h the Federal ~8ter. PolluX&or, Cor,~r-ol AL%, =:'_. 8mended, Chapter 17.50. Florida Administrative Code~ ~he City r,~ Ssn¢or'.d is cor, duc~ir, 9 revised was~ewa~ee planr~ir, 9 activities. As o~ ~l-,ese ~c~ivi~es~ ~he City h~s ir~ves~g~ed ~¢aste~ater colle~i~,n system ~l%er.r,a~ives Cop ~f',e Wes~er. iy S~n;.ond ~r. e8 and ~he suppour, dir, g upb~r, ~pea. This s~udy er,~i~led "Addendum ~o Amer~dmer,~ No. ~ ~o ~he S~n~or-d inve~ig~TJr, n o~ ~k,e iw, provemen~s r, ee~ed ~o provide ~ sewer collec~ior, system ~o provi(le sewer service ~or the portion o~ ~he City o¢ Smr,~ord mhd cor,~iguous mr. e8s u~E~corpo~mt~d Seminole Cmur,~y. The mrem is bounded by Ir,~ers~m~e 4 on ~he west, ~he St. Johns River or, ~he r, or~h, Btm~e H~hwmy 4E, A or, the sou~h~ and Airpor~ Blvd. or, ~he ecsC. In addition, ~he expmnsion o~ ~he City o~ ~n~or.d reclaimed wm~er ~is~ribu~ion s>'s~e~, wins evmlum~ed. The purpose oe this public berating is ~o presen~ the wms~ewm~er collec'tior, ml~err, m~ives considere.~ remsons ~or selec~ir, g ~r,e r. ecommenoe~ plan, ~he reco~,er, ded ptmr, prelimir, mry cos.~s~ mr, d ~he es~imm;e.~ user chmrges r, ecessmry ~c,r the implementmt~on o~ ~he plan. The hemr.~ng w~].] provide ~n~eres~ed pe~r.~s opportunity ~o better ur~Oers.~mnd the projec~ mhd gr~n~ ~.r,~eres~ed ci~er, s. env~rorm',en~] grc, ups,= mr, d represen~m~.ves. from ].octal rand s.~m~e ~gencies ~he OppOr~UT, i'ty ~0 e~Sk questions ~r,d e~press opir, ior, s r.e~mrd~.ng the alternate, vms studied and recommended plat,. A drm~ copy o~ Adder, dura ~o Amendment No. 2 ~o ~he 801 Fe, cilities Plmr, and o~her per!:~nent documer,~s mvai]able ~or public review or, or mbou~ June 9~ 19[~9 m~ ~he ~-.~' :- ~-~ ...... ~, r~.o~+n~.., lr, r~f~d ~d~,cent ~0 ~he Utility 266 MINU ES City Commission, Sanford, Florida Au§ust 14 19 89 All interested pmr. ties are hereby notified tha~ i~ a person decides ~o appeal any decision made by the C~ty Corr, missior, with respec~ ~o any mmt~er considered m~: such public hear~ng~ he or she may need to ensore thm~ m verbatim record o~ the proceedir~gs is mmde~ which record includes the testimony mhd evidence upon which ~he appeal is ~o be based. Publish: CITY OF SANFORD, FLORIDA FRANK A. FAISDN 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) June 30, 1989 The Chairman announced that the Commission would hear from those pcz=~ .... _.resent to speak in favor of, or in opposition to, the proposed Addendum to Amendment 2 to the Sanford 201 Facilities Plan. The Director of Engineering and Planning introduced Mr. David Gierach of Conklin, Porter and HQlmes, Engineers, who read the following prepared Public Hearing Statement regarding said Addendum: INSERT COPY OF PUBLIC HEARING STATEMENT HERE PUBLIC HEARING STATEI~ENT 801 FACILITIES PLAN AMENDMENT 8 ADDENDUM SANFORD~ FL August 14, 19~9 CPH Projec~ No. S06,08.50 The purpose of this puolic hearing is ~o obtain public input on ~ne proposeO addendum ~o the City of San~ord 801 Facilities Plan Amendmen~ R (February, 19S~). The addendum is required to incorporate the ~acilities proposed as par~ o~ the Westerly Interceptor Study dated August, into ~r,e ~01 Plan ~mendmen~ 8. Previously, oD March 27, 1989, the City Commission approved Cdr plaoning purposes lhe Westerly Interceptor S~udy dated Augus~ 1'B88 which included recommendations Cdr a westerly sewer collection system and reclaimed wa~er distribu~oo system. The City Commission also authorized s~aCf to obtain a ¢ormal proposal Cdr ¢inal design and construction documents ~or Phase o~ the Westerly Interceptor Study. The 80i Facilities Plan Amendment 8 Addendum has been prepared · o investigate alternatives to construct a sewage collection, ~nterceptor and transmissioo system for the westerly portion o¢ ~r,e City c,~ San~ord and contiguous areas c,f ur,~ncorporated Seminole County. With the area's proposed development and upgraded ~ranspor~ation ~acili~ies, it is likely that sewage collection facilities are go~ng to be needed for this currently undevelopeO land. The general ares considered eot a westerly interceptor is tocared within the study ares o~ the original 801 Facilities Plan. Therefore, the wastewater ~reatment plant ~acilities will De adequate to mee~ the needs o~ the projected growsh ~or ~he proposed westerly service area. MINUTES City Commission, Sanford, Florida 267 19 89 Six mlternatives were considered ~or servicing the Westerly Study Area. The main ~eatures o~ ~he basic alternatives included a grmvI~y interceptor on S.R. 4~., a gravity interceptor on Narcissus .Ave., or a major li~t s~a~ion and ~orcemain on 46. The most sound., economical, ara ~lexible alternative included the ~ollowing: Phase I: gravity sewer line ~rom Riverview Ave. paralleling the was~ewa~er ~reatment plant. A major li~t sta±ion in the vicinity o~ Bevier Rd. and S.R. 46 with an associated ~orcemain paralleling S.R. 46 ~o the new gravity line a~ Riverview Ave. A gravity sewer line on Bevier Rd. extending ~rom Jewe~t lane to S.R. 46. Upgrade o~ the CODISCO li~ station with a new ~orce main on Jewett Lane ~o eerier Rd. This is the extent o~ Phase I. Future Expansion would include the ~ollowing: E:~tension o~ a gravity line ~rom Jewet~ Lane sou~h on Airport Blvd. Extension o~ a gravity line west on S.R. 46 ~rom the major li~t s~a~ion. Extension o~ a gravity line ~rom S.R. 46 sou~h on Upsalm Rd. ~o serve the most western portions o~ ~he service arem. installm~ion o~ a gravity/li~t s~ation./~orce main system north o~ S.R. 4E, to serve ~he area bounded by ~he CSX Railroad on ~he north and S.R. 46 on the sou~h. - Other e:~pansions as dictated by growth. Figure T-Il, taken ~rom the 801Fmciiities Plan Addendum shows the layout o~ the recommended alternazive mhd is ava:Liable here ~or your review. Along w~h the collection system, the City mus~ plan ~or e~luent disposal capacity equivalen~ to the collected was~ewater. This is in accordance with the reuse policy mhd ordinance ~or the City o~ San~ord. Based on the projected was~ewater ~lows ~rom the westerly area~ the addendum recommends ~hat a 14" diameter reclaimed wmterline be installed ~rom S.R, 46 and Mangoustine to Country Club Rd. to provide a looped reclaimed wa~er system ~or e~luent disposal in ~he westerly area. We request ~oilowing this public hearing that the City Commission approve the addendum to the 20I Facilities Plan Amen~men~ 2. This concludes our statement regarding the 801 Facilities Plan Amendmen~ 2 Addendum. We will be glad to address any Commission questions at this ~ime. .SO PUBLIC .E MINUTES 268 City Commission, Sanford, Florida August 14 19 --85 Commissioner Sanford 201 Facilities Plan. the Commission as follow: McClanahan moved to approve Seconded by Commissioner Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea said Addendum to Amendment 2 to the Howell and carried by the vote of A Public Hearing was held in accordance with ad published on August 1, 1989 in the July 18, 1989 Evening Herald, as follows: NOTICE OF PROCEEDING FOR CLOSING, VACATING AND ABANDONING A STREET TO WHOM IT MAY CONCERN: You will take notice that the City Commission of the City of Sanford, Florida, at 7:00 o'clock P. M. on August 14, 1989 the City Commission Room at the City Hall in the City of Sanford, Florida, will consider, and determine whether or not the City will close, vacate and abandon any right of the City and' the public in and to a portion of Mangoustine Avenue lying between SCL RR R/W and West 7th Street and between Oleander Avenue and Olive Avenue, further described as follows: That portion of Mangoustine Avenue lying between lot 8, Blk 8, Tier 17, Seminole Park and Lot 7, Blk 8, Tier 16, Seminole Park as recorded in Plat Bk 2, Page 75 of the Public Records of Seminole County, Florida. Ail parties in interest and citizens shall have an opportunity to be heard, at said hearing. 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) Janet R. Donahoe City Clerk Publish: August 1, 1989. The Chairman announced the Commission would hear from those persons speak in favor of, or in opposition to, the proposed street closing request. Robert Walton, Jr., owner favor of the street closing request. dealing and is covered with trash. fence the area and clean it up. present to of Lot 8 abutting said street, appeared and spoke in He further stated that it has been used for drug He stated that if the street is vacated, he plans to On recommendation of vacate and abandon said street. the Commission as follows: Henry Curtis, 1400 West 7th Street, owner of Lot 7 abutting said street, appeared and spoke in favor of the street closing request. the City Manager, Commissioner Eckstein moved to close, Seconded by Commissioner Howell. and carried by the vote of Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea A Public Hearing was held in accordance with ad published on July 25 and August 4, 1989, as follows: MINUTES 2 6 9 City Commission, Sanford, Florida August 19 July 11, 1989 NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF 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 August 14, 1989, 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 Terwilliger Lane and Riverview Avenue and between U.S. 17-92 and Narcissus Avenue is proposed to be rezoned from AG, Agricultural, to MR-l, Multiple Family Residential. Said Property being more particularly described as follows: SEC 23 TWP 19S RGE 30E BEG 402 FT W + 15 Ft N OF S 1/4 COR RUN N 210 FT E 144 FT S 210 W 144 FT TO BEG, Public Seminole County, Florida. Records of All parties in interest and citizens shall have an opportu~nity to be heard at said hearing. 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) Janet R. Donahoe City Clerk Publish: July 25, August 4, 1989 The Chairman speak in favor of, or in opposition to, the proposed rezoning. Jim Lathan, petitioner, 2230 Narcissus Avenue, appeared and spoke in announced the Commission would hear from those persons present to rezoning request. On recommendation of the Planning & Commissioner Thomas moved to rezone said property. carried by the vote of the Commission as follows': Mayor Smith Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan The next item of favor of the Zoning Commission, and the City Planner, Seconded by Commissioner Eckstein and Yea Yea Yea Yea Yea business was the continuation, from July 10, 1989, of a public hearing to consider the second reading and adoption of Ordinance 2043, entitled: Ordinance No. 2043, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RESCINDING AND CANCELLING ORDINANCE NO. 1963 ADOPTING A MORATORIUM ON TRANSPORTATION OR ROAD IMPACT FEES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. On recommendation of the City Manager, Commissioner Eckstein execute Interlocal Transportation Impact Impact Fee litigation. Commission as follows: moved to authorize Mayor to Agreement for collection of fees pertaining to the County Fees, and. an Interlocal Agreement agreeing to drop Transportation Seconded by Commissioner Thomas and carried by the vote of the Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea 270 MINU ES City Commission, Sanford, FloRa August ! 4 After Ordinance hear from those persons present to speak in favor of, adoption of Ordinance No. 2043. No one appeared. Commissioner Thomas moved on the passage 2043 was read by title, the Chairman announced that the Commission would or in opposition to, the proposed and adoption of Ordinance No. 2043. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner. Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 2043, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RESCINDING AND CANCELLING ORDINANCE NO. 1963 ADOPTING A MORATORIUM. ON TRANSPORTATION OR ROAD IMPACT FEES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A Public Hearing was held in accordance with Notice published, in the Evening Herald on July 14, 21, 28 and August 4, 1989, as follows: July 11, 1989 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 August 14, 1989, to consider the adoption of an ordinance by the City of Sanford, Florida, numbered as follows: ORDINANCE NO. 2045 General Description of the area to be annexed and map is as follows: A portion of that certain property lying between Third Street and Jewett Lane and between Kennel Road and Meisch Road. Ii ,/ II :~: / ~ ]! j ANNrXATION --.--' -'' h ,' ~ ~--"~ I ' i / · ,:'"?L '1' ,~--~ \ ,m · , , -./ ,-~ ..... ~[ :........ . ,L' J.' I i¢.. 1.:'.1'.~:'.-'~$...;.". '',1 .2" ". ~: A complete description and a copy of the ordinance shall :be available at the Off&ce of the City Clerk for all persons desiring to examine the same. All parties in interest and citizens shall have an opportunity to be heard at said hearing. 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 t~e City of Sanford. (FS 286.0105) Publish: Janet R. Donahoe City Clerk July 14, 21, 28, and August 4, 1989. Ordinance No. 2045, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTI~N OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN THIRD STREET AND JEWES'2 LANE AND BETWEEN KENNEL ROAD AND MEISCH ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 19 89 MINUTES City Commission, Sanford, Florida 27! 19 89 171. 044 , FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of July 10, 1989, 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. 2045. No one appeared. Commissioner Thomas moved on the passage and adoption of Ordinance No. 2045. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McCtanahan Yea Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 2045, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN THIRD STREET AND JEWETT LANE AND BETWEEN KENNEL ROAD AND MEISCH ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Ordinance No. 2050, entitled: AN ORDINANCE OF THE CITY OF. SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING NORTH AND EAST OF HIDDEN LAKE SUBDIVISION FROM SR-1AA (SINGLE FAMILY DWELLING RESIDENTIAL) DISTRICT TO SR-1 (SINGLE FAMILY DWELLING RESIDENTIAL) DISTRICT; FROM AG (AGRICULTURAL) DISTRICT TO SR-1 (SINGLE FAMILY DWELLING RESIDENTIAL) DISTRICT; FROM SR-1 (SINGLE FAMILY DWELLING RESIDENTIAL) TO SR-1 (SINGLE FAMILY RESIDENTIAL) DISTRICT; AND FROM AG (AGRICULTURAL) DISTRICT TO SR-1 (SINGLE FAMILY DWELLING RESIDENTIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. on motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Ordinance No. 2052, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO AMEND CHAPTER 4, ANIMALS AND FOWL, SECTION 4-11 OF THE SANFORD CITY CODE TO REGULATE THE DISTANCE FROM DWELLINGS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Howell, seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: ................. 272 ..................................................................... MINU ES City Commission, Sanford, Florida August 14 19 89 M~VQ~ Smith Yea Commissioner Exkstein Yea Commissioner Howell Yea Commissioner Thomas Naye Commissioner McClanahan Yea Ordinance No. 2053, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 11, SECTION. 11-30 (D), KEEPING OF JUNK CARS, PARTS AND DEBRIS WITHIN THE CITY OF SANFORD; EXCEPTION; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Forest Coleman, Chairperson for Seminole Park'Neighborhood Watch, appeared on behalf of his group and spoke in favor of the junk car ordinance. He stated his neighborhood has a problem with junk cars and felt this ordinance would help them clean up the neighborhood. On motion of Commissioner McClanahan, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Ordinance No. 2054, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 6, BUILDINGS, SECTION 6-16 THROUGH 6-18 TO PROVIDE FOR POSTING AND PUBLICATION AS AN ADDITIONAL METHOU OF NOTICE TO OWNER IN CONDEMNATION MATTERS; AND CREATING SECTION 6-20 OF THE SANFORD CITY CODE TO PROVIDE FOR EMERGENCY POWERS FOR CASES INVOLVING IMMINENT DANGER TO HUMAN LIFE OR HEALTH; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner McClanahan, seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Ordinance No. 2055, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 11, GARBAGE, TRASH, WEEDS AND SOLID WASTE, SECTION 11-12 (A) SCHEDULE OF REFUSE COLLECTION FEES, OF THE SANFORD CITY CODE TO INCREASE THE REFUSE RATE FOR EACH SINGLE-FAMILY RESIDENCE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. C.B. Franklin, 1014 Pecan Avenue, addressed the Commission and spoke in opposition to the refuse rate increase. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida 273 ~ 11 ~t"~ljl_ ~ ~ ~ 19 89 Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Naye Ordinance No. 2056, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, SECTION 2-33 DEPARTMENT OF RECREATION AND PARKS OF THE CITY CODE TO REORGANIZE SAID DEPARTMENT INTO THE DEPARTMENT OF PARKS AND FACILITIES MAINTENANCE AND THE DEPARTMENT OF CULTURAL AFFAIRS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. The next item of business was a request for sale of alcoholic beverages at 110 S. Palmetto Avenue, Gaynelle's Restaurant, and denied by Planning and Zoning Commission, and tabled at meeting of July 24, 1989. The City Manager reported that the Petitioner, Gaynelle Hendricks, has not appealed Planning and Zoning's denial, and the time period to do so has expired; further, recommended no action be taken. The Commission took no action. Recommendations submitted from the Planning and Zoning Commission meeting of July 20, 1989, as follows: July 21, 1989 TO: FROM: City Cler~I MEMORANDUM Principal Deputy Administrative Official SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, Thursday, July 20, 1989 at 7:00 P.M. in the City Commission Chambers RECOMMENDATIONS Unanimously recommended the approval of the request for a REZONE from AG to MR-l, that property located at 2330 Narcissus Avenue. Mr. Lathan wishes to rezone the property in keeping with the rest of the area and to develop a quadraplex in the future. There was no opposition. Owners/representatives: James K. & Joyce C. Lathan CITY COMMISSION PUBLIC HEARING AUGUST 14, 1989 FOR INFORMATIONAL PURPOSES Unanimously approved the request for a CONDITIONAL USE for the purpose of an automobile sales facility with very light repair service, that property located at 818 French Avenue, in a GC- zone. Owner: Richard H. Fornell Representative: John Polacek Denied the SITE PLAN for a detached sign for Spencer Pest Control, a commercial service located at 2562 Park Drive in a GC-2 zone for lack of representation. The Site Plan previously had been tabled on July 6, 1989 for lack of representation. Owner: Bill Spencer; representative: Lewis E. Smith Unanimously approved the SITE PLAN for a detached sign for Drivers Oil Company, an automotive service station located at 2543 French Avenue in a GC-2 zone. Owner/representative: Alma Velazquez Unanimously approved the SITE PLAN and the CHANGE OF USE to a retail Sales use in an existing building for The Fashion Explosion located at 1300 W. 13th Street in a GC-2 zone. Owner: Delores M. Anderson; representative: Cynthia Hillery MINUTE S City Commission, Sanford, Florida ~st 14 19 89- The next item on the agenda was a request to speak from C.B. Franklin. Mr. Franklin appeared and spoke about several locations he had noted with trash, debris, trailers, etc. in violation of city codes. He further stated that he was recently fined $160 through the Code Enforcement Board because his neighbor put a refrigerator on his property, and that he didn't feel he should be fined for it. He requested the City Commission go on a "tour" with him to show the Commission areas that need attention in Sanford. He further stated the City has paved over several feet of his property for street use, and he is concerned about his liability if someone should be hurt there. The Mayor requested Mr. Franklin submit a list to staff of these different items for staff to inspect. Mr. Franklin showed several, color pictures showing some of the areas/locations he was concerned with. Commissioner Howell stated he agreed with Mr. Franklin, that the Commission should take a tour as the condition of the ditches was an absolute disgrace, but that the ditch in question at Southwest Road and 13th Street is under County jurisdiction, not City of sanford. The City Attorney reported Mr. Franklin would not be liable if someone were hurt in the few feet of paved street right of way on his property, unless he does something to cause an accident. Further, the public has used the street over the property for years, and once it has been used for four (4) years, it becomes the property of the City. Memo dated August 2, 1989, submitted from Director of Engineering and Planning as follows: August 2, 1989 TO: FROM: SUBJECT: MEMORANDUM City Manager Director of Engineering and Planning County CDBG Program (Year 2) Transfer of Funds From Mill Creek Project to Housing Rehab Project Mr. Faison: The Board of County Commissioners has approved the City's request to transfer $10,000 remaining unexpended in the Cloud Branch Mill Creek Drainage Study Project to support additional housing rehabilitation. The two proposed Interlocal Agreement Amendments will facilitate this transfer. The first amendment to the October 14, 1987 Interlocal Agreement will reduce the funding provided for the drainage study from $35,000 to $25,000. The third amendment to the September 23, 1987 Interlocal Agreement increases the fund provided for housing rehabilitation from $300,000 to $310,000. It is recommended that the City Commission approve execution of both of these Interlocal Agreement Amendments by the Mayor. WAS:mca xc: Community Development Office MINUTES City Commission, Sanford, Florida 275 19 89 Commissioner McClanahan moved to authorize the Mayor to execute the two Interlocal Agreements to transfer $10,000.00 from Mill Creek Project to Housing Rehab Project, and to resubmit Sanford's request to the Seminole County Commission that they re-allocate $170,000 from Cloud Branch and Mill Creek Drainage Improvements to the Housing Rehabilitation Program, together with a request for a three to six month extension in time under the housing rehab interlocal agreement. carried by the vote of the Commission as follows: Seconded by Commissioner Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas. Yea Commissioner McClanahan Yea Commissioner McClanahan moved to approve payment of statements; ~88/89-64 for lowest bid meeting specifications for Groveview vouchers for the month of July, 1989; and Minutes, as follows: STATEMENTS: (2) (3) Eckstein and Tabulation of Bid Park electrical equipment; from Sunshine Building. and Dev. Corp. for Wacuum and Gravity Lift Stations Construction, Contract 2, Pay App. No. 1 ...................... $ 28,663.20 from City Attorney for work on Robison litigation $ 1,080.00 from Jammal and Associates' for Soil and Construction Materials Testing Services at Wastewa.ter Treatment Plant and Reclaimed Water Distribution System ................... $ 5,556.32 (4) from Jammal and Associates for Reclaimed Water Storage Tanks ......................... $ 1,723.03 (5) from Schemmer Associates, Inc.. for. Contract .................. $ 1,200.00 Fire Station. No.. 3 (6) from Schweizer, Incorporated for Renovation ............................. $ 1,347.00 Design Civic Center (7) from Schweizer, Incorporated for Senior Citizen Center ................................ $ 54.50 BID TABULATION: Tabulation of Bid. ~8.8/89-6.4. and Parks.) for Groveview Park electrical equipment (Recreation MINUTES: Minutes of July 10, 1989 and July 17, 1989. 276 M! U ES ......... City Commission, Sanford, Florida Auqust 14 19 89 follows: Seconded by Commissioner Thomas and carried by the vote of the Commission as Mayor-Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea The next item of business was-a report from the City Attorney on the status of the Holiday Inn Lease. The City Attorney repor.t'ed he has had no response from Great Southern to his two letters; that he spoke with Attorney Hutchison who had talked with the attorney for Great Southern, and although he had nothing in writing, he was advised: that a proposal was being considered by Great Southern. and Mr. Peryear that would cure Holiday Inn's default. He further stated that although a foreclosure suit may be pending, the City has received no service of process to date. He has received a photocopy of a Lis Pendens; it is not a foreclosure complaint, but is only a notice of action. Regarding the rental payments issue, there is no one standard in the industry regarding lease amounts and percentages. He further reported that several meetings ago, he was instructed to place Holiday Inn on "Notice" of default, because they were in default on their mortgage and in default on their lease payments to the City. The thirty (30)' day notice has expired and the City has received no payments; the City received a proposal to revise the lease from Holiday Inn at the last Work Session Meeting on August 7, 1989. The City can treat the lease as breached and seek to have it cancelled in circuit court and to have the court appoint a receiver to operate the hotel. If the City chooses to do this, it should be prepared to bring the past due payments owed to Great Southern current. The City has not received direct notice of default from direct opportunity to cure the default. for a response from Great Southern authorized to wait until 1989. Great Southern The City can proceed to cancel the and see if the issue is resolved. the City Attorney can report further at meeting Savings & Loan or been afforded a lease or wait The Commission of August 28, The City Attorney stated he would keep the Mayor, City Commission and City Manager advised of any changes. Commissioner Thomas moved to authorize the contract for the Employee Assistance Program. carried by the vote of the Commission as follows: City Manager to execute the renewal Seconded by Commissioner Eckstein and Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Request submitted from LaSandria Joseph to provide access to property described as Lots 18 & 19 and the North 1/2 of Block G, A.D. Chappell Subdivision in Goldsboro. Mrs. Joseph appeared and asked the Commission to assist her in obtaining access to her property so that she could build a house for herself and family. The City Manager submitted information that in 1975 property near there was flooded, and Mrs. Joseph's property would very possibly flood, also. Mrs. Joseph stated MINUTES 277 City Commission, Sanford, Florida August 14 19 City to install the maintenance easement risk. Seconded by follows: she is aware the property is low and that her builder told her it would have to be built up prior to construction of the home. On recommendation of the City Manager, Commissioner McClanahan moved to authorize appropriate culvert provided the property owner gives a drainage and to the City with admonishment that construction is at the owner's Commissioner Howell and carried by the vote of the Commission as Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea moved to display case for an exhibit at City Hall. On recommendation of the Director of Recreation and Parks, Commissioner Thomas accept offer from Steve Richards to donate his daughter's Soap Box Derby Car and Seconded by Commissioner McClanahan and carried by the vote of the Commission' as follows.: Mayor Smith Yea Commissioner Eckstein Yea Commissioner. Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea On recommendation of the City Manager, Commissioner Thomas moved to authorize Mayor to execute contract for Motorola Communication Equipment for Police Department. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Request submitted from W.M~ Wesley for occupational license for a game room at 931 W. 13th Street, tabled from meeting of July 24, 1989. Commissioner Thomas moved to approve said occupational license subject to submittal of executed conditions/stipulation form set forth by the Police Department. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Request submitted from William Gatchell and Ronald Allman for occupational license for a game room to be located at 3759 South Orlando Drive, tabled from meeting of July 24, 1989. Mr. Rand, owner of Video Store located at 3759 South Orlando Drive, appeared and spoke in opposition to issuance of game room license. He further stated he spoke with Sanford Police who had monitored the and heard nothing but negative comments. with only 14 spaces in the front and hours were the same hours the Game Room's would be. Commissioner Thomas moved to approve game room previously located in the Wal Mart Plaza, He stated there was already a parking shortage, 15 in the rear of the building; and that his peak said occupa'tional license subject to 278 MINU . iE S City Commission, Sanford. Flora August 14 19 89 submittal of executed conditions/stipulations form as set forth by the Police Department. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Nay Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Request submitted from Scenic Improvement Board to close Eighth Street between Park Avenue and Oak Avenue from 10:00 A.M. to 6:00 P.M. on September 23, 1989, for Park on Park Mile of Quarters fund-raising event. Seconded by Commissioner Eckstein request. follows: Commissioner Howell moved to approve said and carried by the vote of the Commission as Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Recommendations submitted from the Planning and August 3, 1989, as follows: Zoning Commission meeting of MEMORANDUM TO: FROM: SUBJECT: City Clerk ~" Principal Deputy Administrative Official %~ Planning and Zoning Meeting of August 3, 1989 DATE: August 4, 1989 RECOMMENDATIONS Unanimously approved the Conditional Use for property in a MR- 1 zone, known as Lindsey Estates, located 1/4 mile west of Upsala Road on North 46A to establish minimum parcel area and setbacks in conformity with preliminary subdivision plan for the purpose of selling 1/2 of constructed duplexes. (City Commission to acknowledge; no other City Commission action required.) ~ . "' Owner/representative: Bruce White FOR INFORMATIONAL PURPOSR$ o By a vote of 4 to 1 approved the Conditional Use for property in a MR-3 zone, located at 3500 Sanford Avenue for the purpose of a residential care facility, A Boy's Town short term shelter for run-a-way children - the opposition felt a shelter should not be located in a residential area and should be in a rural atmosphere. Owner: Richard Luger Representative: Tom Deppen Unanimously approved the Conditional Use for property in a GC- 2 zone, located at 1819 W. 2nd Street for the purpose of operating a land surveying business, change of use of a non- conforming structure from a single family residence to a business and professional office use. Owner/representative: Steven B. Swaggerty Unanimously approved the Site Plan for Swaggerty Land Surveying, Inc., a business and professional office use, located at 1819 West 2nd Street in a GC-2 zone. MINUTES City Commission, Sanford, Florida August 14 279 19 89 Be Unanimously approved the Site Plan for an addition to the Village Market Place for Walgreens Drugs, a retail sales and service use, located at 3820 Orlando Drive in a GC-2 zone. Owner: Paul Liljestrand Tr. & Betty H. Liljestrand Tr. Representative: Dan Farmer Unanimously approved the Site Plan for a detached sign for Spencer Pest Control located at 2562 Park Drive. Owner: Spencer Pest Control Representative: Lewis E. Smith Unanimously approved the Site Plan for a detached sign for Central Baptist Church located at 3101 West 1st Street in an AD zone. Owner/representative: Pastor Freddie Smith On Interlocal Agreement with Seminole County for termination of Program, Mill Creek/Cloud Branch Drainage Improvements, in Commission authorized the Mayor to send a letter to Seminole recommendation of the City Manager, the Commission tabled action on an funding for Year 3 CDBG amount of $170,000. The County formally requesting reconsideration of previously submitted request to transfer $170,000 from Cloud Branch and Mill Creek Drainage Improvements to Housing Rehabilitation, and to request a three to six month extension in time under the housing rehab interlocal agreement. from Director of Engineering and Planning dated August 4, 1989, as Memo submitted follows: August 4, 1989 MEMORANDUM TO: FROM: SUBJECT: City Manage~,.~~/ Director of Engineering and Planning Proposed Engineering Services Agreement Master Wastewater Pump Station Construction Mr. Faison: Proposed Amendment No. 25 to our contract of December 7, 1983 with Conklin, Porter & Holmes Engineers has been prepared to provide engineering services during the bidding and construction phase. The estimated cost of this facility is $1,800,000. This project will be funded by the State Revolving Fund Loan recently approved. Bids will be opened for this contract on September 12, 1989. This proposed contract amendment will provide for bidding services, construction administration, resident project services, O&M Manual and plan of operation, and start up phase services and performance certification. The proposed target cost ceiling, exclusive of fixed fee is $103,327.51. The proposed fixed fee is $15,499.12 for a total cost of $118,826.63. It is recommended that City Commission approve execution of this contract. 2 $ 0 MINUTES City Commission, Sanford, Florida August 14 19 89 On recommendation of the City Manager, Commissioner Thomas moved to authorize the Mayor to execute Amendment No. 25 to December 7, 1983, Conklin, Porter and Holmes Engineering Contract, for Engineering Services for Master Wastewater Pump Station Construction. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea On recommendation of the City Manager, to request proposal from Conklin, Porter & Holmes for design and staff construction documents for Smith Canal utility Commissioner Eckstein and carried by the vote of the Commissioner Thomas moved to authorize preparation of Seconded by and roadway crossings. Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Commissioner McClanahan moved to approve Minutes and payment of statements as follows: MINUTES: 1) July 24, 2) August 7, STATEMENTS: 1989 1989 (1) (2) Elkins Constructors, Inc. Contract I, Pay Application Speegle Construction, Inc. Contract III, Pay Application 9 ................................................ Pay Application 10 ............................................... for Wastewater Treatment Plant Improvements- 10A ................................... $457,962.80 for Reclaimed Water Distribution System- $337,935.12 $217,352.22 (3) Solin 1989 .............................................................. $ (4) City Attorney for Professional Services for July, 1989 & Associates for Comprehensive Planning Services for May 12/July 31, 8,726.00 5,273.07 MINUTES City Commission, SanfOrd, Florida ~_ugn ~q t ].4 19 89 (5) ABCOM II, Inc.. for Cultural Arts Center Restoration, Pay Application 2 ................................................................. $ 20,556.00 (6) Speegle Construction, Inc. for Golf Course Irrigation System - Contract B, Pay Application No. 1 ............................................ $101,949.27 Seconded by Commissioner Thomas and carried by the vote of the Commission,..as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Commissioner Eckstein presented Mayor Smith with a plaque from Calno, thanking her for her service on that board. Commissioner McClanahan reported none of the cities had any recycling expenses this year, and moved to transfer first year collected funds for Solid Waste to Seminole County by September 30, 1989; and authorized City Manager to appoint a staff representative to work with Seminole County. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea The Commission further requested staff to prepare a position paper' regarding collection of funds by means of ad-valorem taxes vs. monthly utility billings. On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the vote of the Commission as follows': Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Ordinance No. 2057, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF MANGOUSTINE AVENUE LYING BETWEEN SCL RR R/W AND WEST 7TH STREET AND BETWEEN OLEANDER AVENUE AND OLIVE AVENUE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Yea Commissioner Eckstein Yea Commissioner Howell Yea Commissioner Thomas Yea Commissioner McClanahan Yea Ordinance No. 2051, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN TERWILLIGER LANE AND RIVERVIEW AVENUE AND BETWEEN U.S. 17-92 AND NARCISSUS AVENUE FROM AG (AGRICULTURAL) DISTRICT TO MR-1 (MULTIPLE FAMILY RESIDENTIAL) 282 MINU ES City Commission, San ord, Floriita DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. There being no further business, the meeting was adjourned. -' yA~ OR