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021191-Regular Meeting 6 0 MINUTE S City Commission, Sanford, Florida FFBRIJt~RY ! !, 19 91 The City Commission o~ the City of Sanfordr Floridat met in Regular Meeting on Monday, February 11, 1991 at 7:00 P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas Commissioner A. A. McClanahan Commissioner Lon Howell City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Donahoe The Chairman called the meeting to order. A public hearing was held in accordance with Notice published in the Sanford Herald on January 31, 1991, as follows: 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 11, 1991, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 3053 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A DRAINAGE EASEMENT LYING NORTH OF AND ABUTTING LIVE OAK BOULEVARD AND BETWEEN AIRPORT BOULEVARD AND MASTERS COVE ROAD EXTENDED NORTHERLY; 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. 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: January 31, 1991 Ordinance No. 3053, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A DRAINAGE EASEMENT LYING NORTH OF AND ABUTTING LIVE OAK BOULEVARD AND BETWEEN AIRPORT BOULEVARD AND MASTERS COVE ROAD EXTENDED NORTHERLY; PROVIDING FOR SEVERABILITY, CONFLICTSAND EFFECTIVE DATE. introduced and placed on first reading at meeting of January 28, 1991, was next placed on second 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 Ordinance No. 3053. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3053. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida FEBRUARY 11, 461 ~ayer Smith ~ye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted Ordinance No. 3053, entitled: AN ORDINANCE OF THE CITY 'OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A DRAINAGE EASEMENT LYING NORTH OF AND ABUTTING LIVE OAK BOULEVARD AND BETWEEN AIRPORT BOULEVARD AND MASTERS COVE ROAD EXTENDED NORTHERLY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with Notice published in the Sanford Herald c February 1, and 8, 1991, as follows: 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, a~ 7:00 o'clock P.M. on February 11, 1991, to consider the adoption of an ordinance by the City of Sanford, Florida, described as follows: ORDINANCE NO. 3052 A PORTION OF THAT CERTAIN PROPERTY (A 6 FOOT STRIP) IMMEDIATELY TO THE NORTH OF WOODSON AVENUE, LYING BETWEEN 17-92 AND CHEROKEE CIRCLE AS SHOWN ON THE MAP BELOW. .~. / ,/ SEM. CO, CiTY OF A copy shall be available at the office of the City Clerk for all persons desiring to examine the same. 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 MINUTE S City. Commission, Sanford, Florida FEBRUARY 11, Publish: February.l~ and 8~ 1991. Ordinance No. 3052, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF.THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF PROPERTY (A 6 FOOT STRIP)-IMMEDIATELY TO THE NORTH OF WOODSON AVENUE, LYING BETWEEN 17-92 AND CHEROKEE CIRCLE; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR-SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 19 91 Mayor Smith Nay Commissioner EckStein Nay Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Commissioner Thomas reported that he meant to vote against the motion to deny the adoption of Ordinance No. 3052, and moved to reconsider said motion. Seconded by Commissioner Eckstein and carried by the roll call vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Nay Commissioner Howell Nay Mr. Deppen reported that he has talked to the residents in the area, as well as the Seminole County Engineering Department, that all have no objection to closing the road, and that Fire Chief Tom Hickson has stated that he would not use Woodson Avenue as an access road. Commissioner McClanahan reported that he would be receptive to the annexation of said property if appropriate access were provided to the north end of Sunland Estates, that the City of Sanford would be responsible for servicing the area of Sunland Estates with fire equipment, that said road could be graded to remain usable, and that the County was not officially notified for input on the proposed closure of part of Woodson Avenue. Commissioner Eckstein moved on the second reading and adoption of said Ordinance No. 3052. Seconded by Commissioner Thomas, said motion failed upon roll call vote of the Commission as follows-: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Nay Commissioner Howell Nay The next item of business was cOntinuation of public hearing to consider closing a portion of Woodson Avenue lying between U.S. 17-92 (SR 15 & 600) and Cherokee Circle, tabled from Regular Meeting of January 14, 1991. introduced and placed on first reading at meeting of January 28, 1991, was next placed or second 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 Ordinance No. 3052. Tom Deppen, representative for The Namtron Co., Jack Nortman, President, owner, appeared in support of Ordinance No. 3052. Commissioner Howell reported that there is not sufficient access for fire trucks into Sunland Estates, and that if said property is annexed into.the City, the City would have to maintain Woodson Avenue. Commissioner Howell moved to deny adoption of Ordinance No. 3052. Seconded by Commissioner McClanahan and carried upon roll call vote of the Commission as follows: MINUTES Ci~Commission, San~rd, Flofida FEBRUARY 11, c~m~ion~r.McClanahan reported that he would be receptive to the annexation of =aid property if appropriate access were provided to the north end of Sunland Estates, that .he City of Sanford would be responsible for servicing the area of Sunland Estates with fire ~qu!pment, that said road could be graded to remain usable, and that the County was not ~fficially notified for input on the proposed closure of part of Woodson Avenue. Commissioner Eckstein moved on. the second reading and adoption of said Ordinance o. 3052. Seconded by Commissioner Thomas, said motion failed upon roll call vote of the 463 ~991 ommission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Nay Commissioner Howell Nay The next item of business was continuation of public hearing to consider closing portion of Woodson Avenue lying between U.S. 17-92 (SR 15 & 600) and Cherokee Circle, abled from Regular Meeting of January 14, 1991. Ed Dedelow, appeared and reported that he is owner of Lot 2, the adjacent property, Lnd has written letters to Seminole County requesting that the County provide maintenance for loodson Avenue, that the County has refused to maintain said road, and that he has received letter from the City of Sanford directing him to clean up the property. City Manager reported that he is not certain of the situation or a specific letter, hat presumably the City would have responded to a complaint, and cited what appeared to be ~r. Dedelow's property, that in the absence of a clear property line, it would be difficult :o tell where the right-of-way stopped and Mr. Dedelow's property starts. The Commission directed City Manager to pursue discussions with Seminole County to )ossibly work out a mutual agreement regarding the maintenance of said right-of-way. Recommendation submitted from Plans Review Committee, to approve said street ~losing, conditioned upon retaining same as a utility easement. Commissioner McClanahan moved to deny the request to close, vacate and abandon a )ortion of Woodson Avenue lying between U.S. 17-92 (SR 15 & 600) and Cherokee Circle. ~econded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye A public hearing was held in accordance with Notice published in the Sanford Herald September 10, 1990, to consider adoption of Ordinance No.. 3054, as follows: 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 11, .1991, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 3054 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF WOODSON AVENUE, LYING BETWEEN 17-92 (SR 15 & 600) AND CHEROKEE CIRCLE, AND RETAINING A UTILITY EASEMENT THEREIN; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 464 MINUTES City Commission, Sanford, Florida FEBRUARY 11, persons de~l£tng to examine the same. 19~1. 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 the City Of Sanford. (FS 286.0105) Janet R. Donahoe City Clerk Publish: January 31, 1991 Ordinance No. 3054, entitled: AN ORDINANCE OF THE CITY OF' SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF WOODSON AVENUE, LYING BETWEEN 17-92 (SR 15 & 600) AND CHEROKEE CIRCLE, AND RETAINING A UTILITY EASEMENT THEREIN; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of January 28, 1991, was next placed or second 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 adoption of Ordinance No. 3054. No one appeared. Commissioner McClanahan moved to deny the adoption of Ordinance No. 3054. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The nexn item of business was consideration of a request from Greg Klebanoff, Jr., representative for Russell Harned, to waive Land Development Regulations Schedule L, Section 2.1(b), and to authorize replacement of a non-conforming sign on 17-92 and 8th Street. On recommendation of City Manager, Commissioner Thomas moved to deny said request? Seconded by Commissioner Howell and Carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request to close, vacate and abandon a portion of right-of-way of Fulton Street adjacent to Lots 1, 2 and 3 of St. Gertrude's Addition to the Town of Sanford, Block Y, Plat Book 1, page 113, and a portion of Fulton Street lying 150 feet East of the Easterly right-of-way of Poplar Avenue. On recommendation of City Manager, Commissioner Howell moved to authorize City Clerk to advertise and send proper notice for public hearing to close vacate and abandon portions of Fulton Street as requested, and to retain same as utility easements. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission next considered a request from the Chamber of Commerce and Scenic Improvement Board to donate 800 crepe myrtle trees from City nursery, for Chamber of Commerce Annual Plant Sale on March 2, 1991, (400) and Adopt a Tree Program (400). On recommendation of City Manager, Commissioner Howell moved to authorize the donation of 800 crepe myrtle MINUTES 4 6 5 City Commission, Sanford, Florida FEBRUARY 11, 1991 emo dated January 25, 1991, from Scenic Improvement Board Chairman. Seconded by ommissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner' Howell Aye The next item of business was consideration of a request from First Spanish ssemblies of God Church, to waive paved parking requirement at 911 Palmetto Avenue. City Planner Jay Marder reported that the Plans Review Committee will be dealing ri'th various issues regarding this site, including, but not limited to, landscaping, that the lommittee has recommended that required paved parking spaces be waived with use of mulch .nstead, and that drive lanes and access from site to street be paved. Commissioner McClanahan asked City Attorney if the City has any control with the :eminole County School Board School if the School Board leases property in an unsafe :ondition. Further, if ownership of the property has changed hands, it might be appropriate or the City to inspect the building to insure that the site is safe for habitation. City Attorney reported that if the Seminole County School Board leased the property nd retained ownership interest, the City could conduct life, health and welfare inspections, hat there are limitations on the ability to apply same to a private enterprise, and that he 4ould need the status Of the title before making a recommendation. Mr. Rolan, President and Treasurer, First Spanish Assemblies of God Church, 124 2ountry Club Court, appeared and reported that the church has purchased the property, that mhey are in the process of refurbishing the building, that fire and building inspections have ~een performed, and that appropriate repairs will be done pursuant to recommendations ubmitted by Plans Review Committee, before the building is habitated. Recommendation submitted from Plans Review Committee to approve request to waive mequired paved parking spaces with use mulch instead, and drive lanes to be paved. On recommendation of City Manager, Commissioner Eckstein mo~ed to waive required ~aved parking spaces at 911 Palmetto Avenue, with use of mulch instead, and that drive lanes nd access from site to street be paved. the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Seconded by Commissioner McClanaha~ and carried by The City Commission next considered CSX Railroad Crossing Agreements with CSX Transportation, Inc. for Rand Yard Crossings-Sanitary Sewer Forcemain and Reclaimed Water Pipeline. On recommendation of City Manager, Commissioner McClanahan moved to authorize City Manager to execute CSX Rail Crossing Agreements with CSX Transportation, Inc., and to authorize payment of balance due in amount of $1,950.00 for required permits, for Rand Yard Crossings-Westerly Interceptor Forcemain and Westerly Reclaimed Water Distribution Pipeline. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of regulations for Adult Entertainment Establishments. 4 6 6 MINUTE S City Commission, Sanford, Florida FEBRURRY 11, 19 91 what Seminole County intends to, or if the City should act now. · City Manager recommended that the City not wait for Seminole County to act, the City should adopt an ordinance, and that said ordinance could be amended should the< any inconsistencies between the City'S ordinance and the County's ordinance. Police Steve Harriet concurred. On recommendation of City Manager, Commissioner HOwell moved to authorize Cit' Attorney to research and make recommendations regarding Regulation of Adult Entert Establishments where only non-alcoholic beverages are sold, and amend City Code, to pz touching between patrons and entertainers. Seconded by Commissioner McClanahan. City Attorney reported that he has already done considerable research regarding th~ situation, that because the City of Sanford presently has an ordinance on the books, the involved would be considerably less, that he is awaiting a Supreme Court decision, deals with the regulating of Adult Entertainment Establishments where only no< beverages are sold, and that presently, Cities, Counties, and States can regulate the of establishments that sell alcoholic beverages through their licensing procedures. Commissioner HOwell withdrew his motion to authorize City Attorney to research make recommendations regarding Regulation of Adult Entertainments Establishments. Commissioner McClanahan withdrew his second. Commissioner Howell moved to table consideration to authorize City Attorney research said matter. Seconded by Commissioner McClanahan. The Mayor called for a'roll call vote on the aforesaid motion to table. motion was carried upon roll call vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner McClanahan Aye Commissioner Howell Aye City Attorney reported that the State has delegated to Cities and Counties the right to regulate Adult Entertainment Establishments where alcoholic beverages are sold, and that the City Code could be amended regarding said establishments. Commissioner McClanahan moved to authorize City Attorney to amend City Code, to include a provision whereby touching between patrons and entertainers woUld be prohibited establishments where alcoholic beverages are sold, and to modify existing ordinance pertaining to the regulating of Adult Entertainment Establishments where only non-alcoholic Seconded beverages are sold when the Supreme Court has made a determination. Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye COmmissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of Petition to Annex (for water service) a portion of property lying between S.R. 46 (West 1st Street) and 5th Street extended westerly, and between Central Park Drive and Old Monroe Road, Otto and Jeannie Glasnapp, owners. On recommendation of City Manager, Commissioner ThomaS moved to authorize water service, with applicants to pay all costs and fees, to record Annexation Petition, and annex said property when it becomes annexable. Seconded by Commissioner Eckstein and by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida FEBRIJARY ~ayor $m1=~ Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was Settlement Agreement of Seminole Property DRI Appeal. Jim Willard, representative for city of sanford and Sanford Interstate Properties, ,peared, submitted Settlement Agreement for execution, and reported that said Agreement r~solves the issues that Lake Mary raised in its attempt to intervene in an appeal of the ~velopment Order, that the proposed stipulation agreement is between the City of Sanford, he City of Lake Mary, the Regional Planning Council, and Sanford Interstate Properties. urther, the Development Order previously adopted by the City of Sanford City Commission ontained a condition whereby, the Developer would either participate in the four-laning of Fhinehart Road or improvement to the 46-A Interchange, that an agreement has been reached kstween the property owner and the City of Lake Mary as a result of the efforts of Simon and Associates whereby the Developer has agreed to a liquidated amount of 1/2 million dollars and the timing of that contribution on a schedule that is acceptable to the mall developer as ~11 as the land owner, and that he believes with the execution of said Stipulation Agreement h~ all the parties, the hearing officer will agree to make recommendations to the Florida and and Water Adjudicatory Commission, to enter a final Order, which will make the evelopment Order final and non-appealable in all respects. On recommendation of City Manager, Commissioner Thomas moved to authorize execution f Settlement Agreement of Seminole Property DRI Appeal. Seconded by Commissioner Howell and arried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Nay Commissioner Howell Aye The next item of business was Interlocal Agreement with Seminole County for City [ministration of CDBG Program for Seminole County for Unincorporated Area Emergency Housing ~spairs. City Attorney recommended that the Commission.include Article XXIII which deals ith Certification regarding Lobbying-in the motion, to comply with HUD requirements, that e has discussed indemnification language in Article 16 with Lonnie Groot, Assistant County ttorney, that he is confident language can be worked out in a fashion acceptable to both his ffice and the City Commission, and recommended that City Commission authorize execution of aid Agreement, subject to acceptable indemnification language. On recommendation of City Manager, Commissioner Eckstein moved to authorize the xecution of the Interlocal Agreement with Seminole County for City Administration of CDBG rogram for Seminole County for Unincorporated Area Emergency Housing Repairs, subject to cceptable indemnification language, and inclusion of Article XXIII. Seconded by ommissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye 19 91 468 MINUTES City Commission, Sanford, Florida FEBRUARY 11, 1991 ..... .., .......... ...........,_ ____. = ...... .,.,_., -. ........ ..,; ~,_,-....A ,-,..,,-.. ,-,~'~ -~ ..... 4:,.,.,- ,,i..i,. Military Service. On recommendation of City Manager, CommiSsioner Eckstein moved to approve vacation, sick time, health insurance and life insurance as recommended in memo from Personnel Director dated January 29, 1991, with the provision that there is no lape in insurance coverage during 30 day transi'tion period, in the event CHAMPUS 'does not provide said insurance coverage, and inclusion of same into Personnel Rules and Regulations. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The. next item of business was consideration of request to approve contract with Lake Doctor, Inc., for maintenance of Lake Gem and Lake Carola. On recommendation of City Manager, Commissioner McClanahan moved to authorize the execution of Contract wit-h Lake Doctor, Inc. in amount of $3,545.40, for maintenance of Lake Gem and Lake Carola, and authorized City crews to perform electrical drop, with funding, in total amount of $4,000.00 from uncommitted reserves. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner-McClanahan Aye Commissioner Howell Aye On motion of CommiSsioner Thomas, seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye CommisSioner Howell Aye Ordinance No.' 3-055, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO AMEND ORDINANCE NO. 3045 WHICH MADE REVISIONS TO THE 1990 EDITION OF THE ELECTRICAL CODE, AS AMENDED, TO DELETE SECTION 300-4(D) AND EXCEPTIONS NOS. 1, 2 AND 3; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. The Commission next reviewed Condemnation Summary Status Report. No action necessary. Recommendations submitted from Planning and Zoning Commission Meeting of January 17, 1991, as follows: FROM: Land Development Coordinator~ SUBJECT: Regularly Seheduled Meeting of the Pl&nning and Zoning Commission, Thursday, January 17, 199,.1 at 7:00. P.M. in the City Commission Chambers, City Hall, Sanford, Florida. DATE: January 22, 1991 RECOMMENDATIONS Recommended the approual of the final plat for Carriage Co~e North, Ph 1, a 61 lot first phaseplat of a 385 dwelling unit development located at 3501 Rolling Hills Blvd. in a MR-3 District. MINUTES City Commission, Sanford, Florida FEBRUARY 11, 469 Owner: Dreyfus Intersta. te Development Corp. Representative: Thomas' E. Daty Applicant has re~/ueste~ that the Final Plat not be placed on the agenda for City Commission's approval until a Developer's Agreement for Carriage Cove N~rth off-site improvements and possible future special assessment distriet'establishme~t be finalised. The Commission next considered Final Plat for Carriage Cove North. City Manager reported that applicant has requested that approval for Final Plat be ~eld in abeyance pending receipt of Developer's Agreement for Carriage Cove North off-site .mprovements and possible future special assessment district establishment are finalized, as :equested. The Commission took no action. The next item of business was Board appointments/re-appointments/resignations as ~ollows: Historic PreServation Board: City Clerk reported that Nancy Gunning submitted her resignation. Commissioner McClanahan moved to accept said resignation, thank Ms. Gunning for her service on said Board, and to appoint H. L. "Lynn" Stogner to said Board. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Scenic Improvement Board: City Clerk reported that Jean Skipper submitted her resignation. Commissioner Thomas moved to accept said resignation, thank Ms. Skipper for her service on said Board, and to appoint John Mercer to said Board. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Central Examining Board: City Clerk reported that the terms of Roosevelt Green, Joseph Spaulding, and A1 Porzig expired January 10, 199.1, that Mr. Green and Mr. Spaulding are willing to serve another two year term, and that Building Division has been unable to. contact Mr. Porzig, but reports he usually attends meetings, and therefore recommends Mr. Prozig be re- appointed. Commissioner Thomas moved to re-appoint the aforesaid members to the Central Examining BOard. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Cormmissioner Eckstein reported that Mrs. Mercer is a member of the Scenic Improvement Board, and asked if it is appropriate for a husband and wife to serve on the same board. The Consensus of the Commission was to reconsider said appointment. Commissioner Thomas withdrew his motion to appoint John Mercer to the Scenic Improvement Board. Commissioner Eckstein withdrew his second. Commissioner Eckstein moved to reconsider the appointment of John Mercer to the Scenic Improvement Board. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye 1991 zl 7 0 MINUTES City Commission, Sanford, Florida FEBRU/ RY ! I, 1991 commissioner Mowe±± movea to aPpoinu ,.ouis ~avard xzo uh~ ~lu ~m~-u¥=,,=~t Seconded by The A. Commissioner McClanahan and carried by Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye the vote of the Commission as follows: Commission next considered Consent Agenda Items Requests for payment of statements: (1) From 'Jammal & Associates, Inc. for: (a) (b) (d) (e) (2) From (a) Tabulation of Bid for Bid 990/91-28, Police K-9 German Department) Memo and Bid Tabulation submitted as follows: as follows: Vacuum Sewer Collection, Contract I (Invoice $753990) .... $ 193.00 Contamination Assessment at Police Department Site (Invoice9754103) ....................................... $1,615.00 (c) UST Leak Soil Initial Remedial Action at Civic Center (Invoice #754135) ....................................... $7,790.40 Master Wastewater Pump Station (Invoice ~753978) ......... $ 132.00 Car, Utility Department Site (Invoice ~754077) ........... $ 4,142.00 Conklin, Porter and Homes Engineers, Inc. for: Amendment 25, Construction Services Master Wastewater Pump Station (Invoice ~8586) ............................ $ 6,163.98 (b) Amendment 19, Construction Services Vacuum Sewer System Contracts I, II and III (Invoice 98580 ................... $ 4,447.15 (c) Reclaimed Water Distribution Mains Final Engineering Design (Invoice $8520) ................................... $ 599.50 (d) Seasonal Discharge System Final Design (Invoice ~8521)...$18,403.76 (e) Amendment 18, Construction Services Eff Storage and Spray Irrigation Systems Contracts B, C, and II (Invoice 98524) .......................................... $ 654.09 (f) Amendment 30, Wastewater Treatment Plant Expansion (Invoic$8550 ........................................... $13,245.50 (g) Westerly Interceptor Final Design (Invoice 98522) ........ $17,562.25 (h) Mill Creek and Cloud Branch Preliminary Engineering Services(Invoice98549) ................................. $ 3,195.15 (i) Stormwater Utility Study (Invoice ~8561) ................. $ 2,742.99 Sheppard. (Police January 28, 1991 TO: FROM: SUBJECT: City Manager Police Chief ~ Bid Tabulation - Police K-9 Bid #90/91-28 Bid Opened 01/24/91 Bids were opened 01/24/91 for a police K-9 to replace SPD K-9 "Patrol" who has hip dysplasia. Veterinarians have recommended that "Patrol" be retired due to his condition. Five requests for bids were sent out. Only one vendor responded. Lakeland Kennels of Umatilla, Florida submitted a bid of $6,850. for the trained German import K-9. This bid falls within the $5-7K price range that we anticipated. The proposed K-9 appears to meet specifications. Under the terms of the bid specifications, further testing will be done by SPD handlers along with a physical examination conducted by our veterinarian before final acceptance is made by the police department. Purchase cost of K-9 should be charged to the Law Enforcement Trust Fund as an unanti- cipated and non-budgeted item. Respectfully recommend ~hat Lakeland Kennels be awarded bid as only vendor bidding and who meets minimum specifications. MINUTES 4 71 City Commission, Sanford, Florida ~ 11, 191 City Manager recomended acceptance of Only bid, which met specifications, from Lakeland Kennels in amount of $6,850.00. C. Approval of Vouchers for'the month of January, 1991. D. Approval of Minutes of November 21, 1990 Special Meeting, December 10, 1990 Regular Meeting, January 8, 1991 Special Organizational Meeting, January 14, 1991 Regular Meeting, and January 28, 1991 Regular Meeting. On motion of Co~issioner Thomas, seconded by Co~issioner Howell and carried by the vote of 'the Comission as follows: MaYor Smith Aye Co~issioner EckStein Aye Co~issioner Thomas Aye Co~issioner McClanahan Aye Comissioner Howell Aye the Comission: A. Approved pa~ent of statements (1) through (2) (i). B. Accepted only bid, which met specifications, from. Lakeland Kennels in amount of $6,850.00 C. ADproved Vouchers for the month of January, 1991. 472 MINUTES City Commission, Sanford, Florida __FEBRU/ RY 11, 19 91 Police Chief Steve Harriet requested that K-9 German Sheppard Police Dog as referred to in-Item 19 (B), which is no longer physically fit, be declared surplus and authorized for sale to a protective agency, which would enable the City to possibly recoup a portion of the $6,850.00 investment. Commissioner McClanahan moved to declare said dog surplus and authorize the sale of same to a protective agency as requested. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Commissioner Thomas moved to acknowledge $89,015.78. as follows: four Invoices for payment totalling Seconded by COmmissioner McClanahan and carried by the vote of the Commission Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of Seminole County/Tourist Development Council Grant Agreements for General Sanford Memorial Library and Museum renovation and addition, and for Beachfront Improvements Project. City Manager reported that the $150,000.00 museum grant requires $100,000.00 matching funds; and the $150,000.00 beachfront grant requires matching funds for engineering and pl~anning, which are estimated to cost '$12,000.00. Further, the $12,000.00 amount is not presently in the Engineering and Planning budget, that part of the funding may be raised by private sources who would benefit from the project, that there is a provision in the contract which provides for a 30 day notice of termination if the City is unable to find a funding source for said $12,000.00. Further, permit ~fees could be an acceptable cost under the Tourist Development Council program, however, the planning and consultant work that has to go up to the actual submission of the permit would be within consultant side of the operation, that the project originally conceived $150,000.00 being needed for the procurement and installation of longard tube breakwaters that would be used to contain sand which would be placed on the beach, which would provide the First Phase of beach nourishment, that there is no clear time or requirement for the placement of additional sand beyond first phase. Further, if the City is unable to place sand in Phases 2 and 3 over the next 3 to 5 years, the result would be no worse than the Situation that presently exists, and that what Staff is proposing can be considered a viable project. Further, the $12,000.00 is not in the Engineering and Planning budget, because it was requested in the consultant section of the budget for the year we are presently in, that it was deleted in budget review, that it did not exist at that point in time, that as a result of personnel actions and my becoming City Manager, we have approximately $20,000.00 in the personnel support section of the Engineering and Planning budget, which will not be necessary, however, a shortfall exists in the City Manager division of the budget. Commissioner Howell moved to deny acceptance of Seminole County/TouristDevelopment Grant Agreement. Seconded by Commissioner Eckstein. MINUTES Ci~ Commission. San~rd, Florida FF~RI_IARY 11 ~ a 1.5 million dollar operation for the total expansion, that the Board realized that said figure was not realistic, that the Library/Museum Board advised, with Staff's approval, that cKpansion would be done in three phases, and that $275,000 would be required in the First ~nase. Further, with the understanding ~that the City of Sanford would contribute $100,000.00, the members of a historical group raised $25,000.00 in support of said project, and that said money will be available to the City upon execution of the Seminole County/ ourist Development Counsel Grant Agreement. Commissioner McClanahan reported that the Commission committed to an optimistic arget, and the Library-Museum Board needs to understand the $25,000 is an integral part of 150,000, if approved we are talking about $275,000.00. Commissioner Thomas stated that the Library/Museum Board needs to be advised that he $25,000.00 is an integral part of the $150,000, that we are talking about $275,000.00 for he First Phase. Commissioner Thomas reported that the Library/Museum project is a worthwhile ~roject. Commissioner Howell restated his motion to deny acceptance of both Seminole sunty/Tourist Development council Grant Agreements, and the execution of said Agreements, nd Commissioner Eckstein confirmed his second. After discussion, the Mayor called for a roll call vote on the aforesaid motion to eny acceptance of both Grants, and said vote was as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner M¢Clanahan Nay Commissioner Howell Aye Commissisoner Thomas reported that he inadvertently voted in favor of the motion, ~d would like to change his vote. City Attorney reported that because the Commission was still discussing the motion, t would legally be correct to vote a~aln. The Mayor asked the secretary to call the roll again. The aforementioned motion o deny acceptance of both Seminole County/Tourist Development Council Grant Agreements ailed upon the roll call vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner McClanahan Nay Commissioner Howell Aye Director of Finance Carolyn Small reported.that the $100,000.00 was brought forward rom Reserves and rolled forward as a line item in budget. On recommendation of City Manager, Commissioner McClanahan moved to authorize the ayor and City Clerk to execute Tourist Development Council Contract for General Sanford emorial Library and Museum renovation and Addition (with matching funds in amount of 100,000.00 previously approved by the City Commission) and with clarification langugage in ection 2 and Section 9. Seconded by Thomas and carried by the vote of the Commission as ollows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Nay 473 1991 4'7 4 MINUTES City Commission, Sanford, Florida FEBRUARY 11; 19 91 _ on recommenaauion or city ~v~anager, ~o~u~issioner howell moved and City Clerk to execute Seminole County/Tourist Development Council Grant Agreement for Beachfront Improvements Project (with matching funds in estimated amount of $12,000 for engineering and planning, to be funded by City sources, which need to be identified.), with clarification language in Section 2 and Section 9. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Mayor Smith reported that she received a request from the Kiwanis Club for the Cit' to hang a banner across First Street at First Union National Bank for Pancake Day on Februar~ 23, 1991, and suggested that Staff handle approval of said requests on a regular basis, and that only requests out of the ordinary be brought before the Commission for approval. The Commission directed City Manager to handle said request. William Stoller, representative, Northstar Business Park, appeared and requested that the Commission consider Final Plat for Northstar Business Park Phase Three, and industrial park located at 200 - 301 Northstar Court in a GC-2 General Commercial District, to expedite the development of a 35.,000 square foot building on Lot 5. City Manager reported that he tried unsuccessfully to get in touch with Bill Stoller regarding a performance bond for the infrastructure for Phase Three, which needs t¢ be recorded before the Lot can be sold against the Plat. Mr. Stoller reported that Mike Gudenberg Corporation has provided a contract proposal subject to Commission approval of the Plat, to build, and will Provide paid performance bond to myself and the City of Sanford for the contribution of the improved infrastructure, which will be submitted for approval prior to recording. Recommendation submitted from Planning and Zoning Commission to approve said Final Plat. Commissioner Howell moved to approve Final Plat for Northstar. Business Park Phase Three, and industrial park located at 200 - 301 Northstar Court in a GC-2 General Commercial Seconded by Commissioner McClanahan and carried by the vote of the Commission as District. follows: authorize Agreement. follows: The next item of business was consideration of Utility Relocation Agreement witl the Florida Department of Transportation, for State Road 46 East improvements, from Summerli~ Avenue to County Road 451. On recommendation of City Manager, Commissioner Howell moved t¢ execution of said Florida Department of Transportation Utility Relocatior Seconded by Commissioner McClanahan and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request from Finance Directo~ Carolyn Small to approve reclassification of Sybil Williamson, Account Clerk II to Lea( Account Technician. Finance Director Carolyn Small reported that said reclassification would be in th~ best interest of the City of Sanford. MINUTES 475 Ci~ Commission, San~rd, Florida FEBRUARY 11, Commissioner Howell moved to authorize the re-classification of Sybil William~on, Account Clerk II to Lead Account Technician as described in memo from Finance Director dated February 7, 1991. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: 199] Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Commissioner Thomas proposed that the City hire a public relations firm to prepare a promotional video tape of the City of Sanford for the Mayor to distribute, to encourage manufacturing firms to locate their companies in the City of Sanford, to provide jobs, and help-the City grow. The Commission authorized Commissioner Howell to discuss same with the Chamber of Commerce Board. Commissioner Howell requested that a four-way stop sign be placed at the corner of ?almetto Boulevard and Seminole Boulevard. The Commission directed Police Chief Steve Harriet to handle same. City Manager reminded the Commission that the dedication ceremonies for Groveview ?ark is scheduled for February 25, 1991 at 4:00 P.M. prior to the 5:00 P.M. Work Session. There being no further business, the meeting was adjourned. M A ~>/0 R ~ttest: /City Clerk