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081291-Regular MeetingMINUTE S 0 8 3 City Commission, Sanford, Florida AUGUST ~2, 1991 The Ctt. y Commtssion of the City of Sanford, Florida met in Regular Meeting on Monday, August 12, 1991 at 7:00 o'clock 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. Mayor Smith commended City Attorney Willilam L. Colbert for being elected President of the Florida MuniciPal Attorneys Association. On motion of Commissioner Howell, 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 Resolution No. 1606 was adopted. Said resolution being in words and figures as follows: RESOLUTION NO. 1606 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA THANKING AND COMMENDING A.B. "TOMMY" PETERSON, JR., FOR HIS EFFORTS TO ENHANCE THE CITY BY PROMOTING THE HENRY SHELTON SANFORD MEMORIAL LIBRARY AND MUSEUM. WHEREAS, A.B. "TOMMY" PETERSON, JR., as chairman and member of the Henry Sheldon Sanford Memorial Library and Museum Association, was instrumental in the creation and construction of the Henry Shelton Sanford Memorial Library and Museum and encouraged its expansion in 1974; and WHEREAS, A.B. "TOMMY" PETERSON, JR., as president of the Henry Shelton Sanford Museum/Library Historical Prevention Society, has worked tirelessly, leading the way an promoting the capital improvement campaign and promoting the aims of the Henry Shelton Sanford Memorial Library and Museum; and WHEREAS, the current expansion of the Henry Shelton Sanford Memorial Library and Museum would not have been possible without the dedication of A.B. "TOMMY" PETERSON, JR. NOW THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA, as follows: SECTION 1. That the City of Sanford, Florida, thanks and commends A.B. "TOMMY" PETERSON, JR. for his efforts to enhance and promote the Henry Shelton Sanford Memorial Library and Museum during the past thirty-five years and recognizes his significant contribution to the City. 0841 City Commission, Sanford, Florida mm. mr: AUGUST 12, 19 9'] SECTION 2. That this Resolution be recorded in the official ~in~t-es of ....... the City of Sanford, Florida, and that a copy be presented to A.B. "TOMMY" PETERSON, JR. , F PASSED AND ADOPTED on this /~ day of ~~ , 1991. ATTEST: CITY OF SANFORD, FLORIDA ~to~the City Comm'~szon of the City of Sanford, Florida A public was held in accordaDce witk. Notice published in the Sanford Herald on August 1, 1991, as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE DENIAL OF A CONDITIONAL USE FOR NON-CONFORMING STRUCTURES AND REDUCTION OF LANDSCAPE BUFFERS Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on August 12, 1991, to consider an Appeal of the Denial, by the Planning and Zoning Commission on June 6, 1991, of a Conditional Use request for nonconforming structures, to change the use from a residential to a mixed use of professional offices and two apartments, and a reduction of the width of a landscape buffer, from ten feet to five feet, for property located at 1301 and 1307 Park Avenue, in an RC-1, Restricted Commercial District. Said property being more particularly described as follows: Lot 6 and 7, Block 15, Tier 3, Town of Sanford, as recorded in Plat Book 1, Page 60 of the Public Records of Seminole County, Florida. The City Commission may, after Public Hearing, affirm, deny, or modify the decision, finding and recommendation of the Planning and Zoning Commission, and the action of the City Commission shall be final. 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' RECOltD 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, 1991 ., The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, said Conditional Use. Jack Darrow, Geneva, appeared and reported that he carries a large first mortgage on his property because it is zoned commercial, and that he tried to get said property zoned residential for financing purposes. MINUTES City Commission, Sanford, Florida 085 AUGUST 12, 19 91 recommendation of City Attorney, Commissioner Eckstein moved that the City agree to the refinancing of Howell Place. vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Seconded by Commissioner Howell and carried by The next item of business was consideration of a request to enter into Contract with Environmental Sciences Corporation. On recommendation of City Manager, CommissioIer Thomas moved to authorize the execution of said Contract with Environmental es Corporation, for a period of two years, with one year renewable extension, for disposal of treated wastewater plant sludge, at the rate of $140.00 per truck load. 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 On motion of Commissioner Howell, 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 Ordinance No. 3063, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN NORTH SOUTH ALLEY LYING IN WELLINGTONS ADDITION TO SANFORD, PLAT BOOK 1, PAGE 119, AS RECORDED IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Thomas, seconded by Commissioner McClanahan and car~ ed 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. 3071, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 11 OF THE CODE OF THE CITY OF SANFORD ENTITLED "GARBAGE, TRASH, WEEKS AND SOLID WASTE"; PROVIDING THAT MANDATORY COLLECTION OF COMMERCIAL WASTE BY SOLID WASTE DIVISION OFT HE PUBLIC WORKS DEPARTMENT SHALL BEGIN ON OR AFTER OCTOBER 1, 1991; PROVIDING A NEW SCHEDULE OF SOLID WASTE COLLECTION FEES; PROVIDING RECYCLABLE MATERIAL COLLECTION FEE FOR COMMERCIAL ESTABLISHMENTS; PROVIDING FOR WAIVER OF FEES FOR COMMERCIAL ESTABLIS~5~rKNTS; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Eckstein, seconded by Commissioner Howell and carrie( by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye IVIIIN U I I~;~ City Commission, Sanford, Florida AIIflIIRT 12, 19 91 Bo~ foZ Fi: Bo: Sa~ ba~ of ~ayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was a report from City Attorney regarding Howell Place d Issue. City Attorney submitted a letter dated August 2, 1991, and reviewed same, as lows: The City of Sanford has issued three industrial revenue bonds within the last 15 20 years which include: 1) Keller Industries, which is no longer in business, and the bond holders have been paid; 2) Cardinal Industries, which is in bankruptcy, and the bond holders have not been paid; 3) Howell Place, whose mortgage is in foreclosure, and the bond holders have not been paid to date, however, if bonds are refinanced, said bond holders would receive less than $.50 on the dollar, and the property is in the hands of the trustee, Barnett Bank. Further, Winter Haven Homes is requesting that the City authorize $2,610,000.00 of · st Mortgage Revenue Refunding Bonds, Series 1991A, and $275,000.00 First Mortgage Revenue ~ds, Taxable Series 1991B, that said bonds would be issued in the name of the City of ~ford, that revenue from the operation of Howell Place would be utilized to pay the bonds :k over a period of time, and that no City tax dollars would be pledged. City Attorney recommended that the City not sponsor or proceed with the refinancing Howell Place for the following reasons: 1) The bond market for private bonds is a different situation now than it was five years ago; 2) Howell Place, Keller Industries and Cardinal Industries all served a public purpose by providing jobs in the community. With Howell Place, the public purpose to be served when bonds were issued in 1983 was to provide a convalescent health care facility within the City, and this facility still exists; however, the issuance of refinancing bonds now would simply refinance the existing facility, and, therefore, may not meet the criteria for public purpose. 3) Winter Haven Homes' Financial Statement shows that stockholders' equity is about 1/4 million dollars, and they have guaranteed about 10 million dollars of debts, so there is not enough equity to pay of.f the debts. 4) Preliminary Official Statement shows limited financial assets, and the insurance company insuring the bonds, which is a foreign company, does not have enough assets to pay off the bond holders if this issue goes into default. 5) The Disclosure statements talks about this being an expensive means of financing, that the net worth of Winter Haven Homes is not sufficient, and that a number Winter Haven affiliates receive commissions from its financing. MINUTES City Commission, Sanford, Florida 087 19.9. j On motion of Commissioner Howell, seaonded by Commissioner Thomas and the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye the Commission: A. No action taken or required. B. (1) Authorized final 90 day extension. (2) Authorized 30 day extension. C. Authorized Public Works Department to demolish as requested. Authorized final 30 day extension to complete interior work, electrical, plumbing, and any other items required to make house remove from condemnation list and place back on tax rolls; or with/demolition previously authorized. by let The Commission next considered offer from City of Lake Mary, for Additicnal Reclaimed Water Irrigation Capacity, for Primera DRI, pursuant to Lease Contract No. S-81-2, in amount of $462,352.00. On recommendation of City Manager, Commissioner McClanahan to direct Staff to decline said offer. vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Seconded by Commissioner Eckstein and carried by the The next item of business was consideration of waiver of Revised Personnel lles and Regulations, Section 9.3, City-paid Health Insurance upon retirement, as dis( at tonight's Work Session. On recommendation of City Manager, the Commission took no The Commission next reconsidered FY 91/92 Health Care Insurance, as discussE at tonight's Work Session. Commissioner Eckstein moved to award contract to tial Insurance, PruCare HMO Share II, and PruCare Plus 90/70, including guaranteed rates fcr FY 92/93. 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 Nay Commissioner Howell Aye The next item of business was FY 91/92 Personnel Classification and Pay On recommendation of City Manager, Commissioner Howell moved to authorize City Attol to prepare the proper ordinance to adopt said FY 91/92 Personnel Classifications and Pay with final adoption of same to be no later than September 23, 1991. Seconded by honer 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 adoption of Resolution No. ~607, regarding Bond Referendum for October 8, 1991. Commissioner Thomas moved that the Refel endum state that the bonds would be repaid by a 1/2 mill ad valorem tax increase, with paybac over 17 year period, and to refer adoption of said Resolution No. 1607 until August 26 1991 Regular Meeting. Seconded by Commissioner Eckstein and carried by the vote the Commission as follows: 088. City Commission, Sanford, Florida AUGUST 12, 91 19 ?he next item of business was consideration of requests from Laura Straehla, San lord Historic Trust, Inc. as follows: Utilization of Sanford Civic Center with waiver of rental fees on October 11, 1991, from 11:00 A.M. until 5:00 P.M. to hold charette regarding Duany project. Utilization of Cultural Arts Center with waiver of rental fees on October 11, 1991, from 11:00 A.M. until 3:00 P.M., for charette luncheon; and waiver of rental fees and required off-duty police officers, for champagne reception that evening. Utilization of Sanford Civic Center and kitchen facilities with waiver of rental fees on October 12, 1991, from 8:00 A.M. until 5:00 P.M., for charette. Commissioner Howell moved to approve the aforesaid requests. of a second. Said motion died for CO: ;S, fo On recommendation of City Manager, Commissioner McClanahan moved to deny waiver of aforesaid fees, and to charge fees in approximate amount of $502.00, to recapture City Seconded by Commissioner Eckstein and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner HoWell Nay The next item of business was consideration of a request from John H. Gardiner, Jr Orlando Yacht Club, for "Special Events" Permit, for Sailing Regatta (600 boats), from De~ ember 6, through 8, 1991. On recommendation of City Manager, Commissioner Thomas moved to approve said "Special Events" Permit as requested. Seconded by Commissioner Howell and ca~ ried 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 Del American Properties - Affordable .sing, for City accon~nodations to facilitate affordable housing, as discussed at tonight's Wo 'k Session. The Commission took no action. The Commission next considered a request from Gail Jones, Jones Country Kitchen, 11 South Palmetto Avenue, for waiver of Land Development Regulations, Section 18-25, to in tal~ two brick planters and to plant one tree in front of said business. The Commission to)k no action. Ms. Jones to provide written approval from owner, and recommendation from th Historic Preservation Board. ' .... The Commission next considered Condemnation Items as follows: A. Summary Status Report of all current and pending condemnations. B. Requests for time extensions on Condemnation as follows: (1) Condemnation Report #90-3, 1113 West 10th Street, Mary Leonard, owner. (2) Condemnation Report 990-13, 606 South Park Avenue, United Mortgage Companies, owner. C. Request to commence demolition procedures on Condemned Structure, Report ~91- 6, 1017 Olive Avenue, Sara White, owner. D. Information regarding Condemnation Report ~89-15, 2018 Mellonville Avenue, Sara Jacobson, owner. MINUTES City Commission, Sanford, Florida 089 AUGI3ST 12, 19 91 COLLECTOR"; PROHIBITING THE COLLECTION OF COMMERCIAL WASTE IN THE CITY BY REFUSE COLLECTORS AFTER OCTOBER 1. 1990, WITHOUT A FRANCHISE AGREEMENT; REQUIRING APPLICATION FOR FRANCHISE AGREEMENT FILED BY AUGUST 26, 1991; PROVIDING AUTHORIZATION FOR FRANCHISE AGREEMENTS; PROVIDING DUTIES OF A FRANCHISE COLLECTOR; PROVIDING FOR TRANSFERABILITY; PROVIDING FOR FRANCHISE FEE AND ADMINISTRATIVE FEE; PROVIDING FOR CODIFICATION, SEVERA~ILITY, CONFLICTS AND EFFECTI%rEDATE. 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 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, 1991 Ordinance No. 3070, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 11 OF THE CODE OF THE CITY OF SANFORD ENTITLED "GARBAGE, TRASH, WEEDS AND SOLID WASTE"; REQUIRING REFUSE COLLECTORS TO OBTAIN A FRANCHISE AGREEMENT TO PROVIDE COLLECTION OF COMMERCIAL WASTE WITHINTHE CITY ON SERVICE AGREEMENTS ENTERED INTO ON OR BEFORE JUNE 24, 1991; PROVIDING DEFINITION OF TERMS "FRANCHISE AGREEMENT", FRANCHISE COLLECTOR"AND "REFUSE COLLECTOR"; PROHIBITING THE COLLECTION OF COMMERCIAL WASTE IN THE CITY BY REFUSE COLLECTORS AFTER OCTOBER 1, 1990, WITHOUT A FRANCHISE AGREEMENT; REQUIRING APPLICATION FOR ~FRANCHISE AGREEMENT FILED BY AUGUST 26, 1991; PROVIDING AUTHORIZATION FOR FRANCHISE AGREEMENTS; PROVIDING DUTIES OF A FRANCHISE COLLECTOR; PROVIDING FOR TRANSFERABILITY; PROVIDING FOR FRANCHISE FEE AND ADMINISTRATIVE FEE; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of July 22, 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, proposed Ordinance No. 3070. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3070. 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 ~ye Commissioner Howell Aye Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida had passed and adopted Ordinance No. 3070, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 11 OF THE CODE OF THE CITY OF SANFORD ENTITLED "GARBAGE, TRASH, WEEDS AND SOLID WASTE"; REQUIRING REFUSE COLLECTORS TO OBTAIN A FRANCHISE AGREEMENT TO PROVIDE COLLECTION OF COMMERCIAL WASTE WITHINTHECITYON SERVICE AGREEMENTS ENTERED INTO ON OR BEFORE JUNE 24, 1991; PROVIDING DEFINITION OF TERMS "FRANCHISE AGREEMENT", FRANCHISE COLLECTOR" AND "REFUSE COLLECTOR"; PROHIBITING THE COLLECTION OF COMMERCIAL WASTE INT1TE CITY BY REFUSE COLLECTORS AFTER OCTOBER 1, 1990, WITHOUT A FRANCHISE AGREEMENT; REQUIRING APPLICATION FOR FRANCHISE AGREEMENT FILED BY AUGUST 26, 1991; PROVIDING AUTHORIZATION FOR FRANCHISE AGREEMENTS; PROVIDING DUTIES OF A FRANCHISE COLLECTOR; PROVIDING FOR TRANSFERABILITY; PROVIDING FOR FRANCHISE FEE AND ADMINISTRATIVE FEE; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 09O City Commission, Sanford, Florida AUGUST 12, 1991 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 haue 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, 1991 Ordinance No. 3069, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 18, SECTION 18-38 OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO REQUIRE PERMITS FOR "SPECIAL EVENTS"; PROVIDING A DEFINITION FOR THE TERM "SPECIAL EVENT"; REQUIRING A PERMIT FOR ALL SPECIAL EVENTS; ESTABLISHING PROCEDURES FOR APPLICATION FOR SPECIAL EVENT PERMITS; AUTHORIZING CITY COMMISSION TO GRANT OR DENY SPECIAL EVENT PERMITS; PROVIDING FOR PENALTY; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of July 22, 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, proposed Ordinance No. 3069. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3069. 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 Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted Ordinance No. 3069, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 18, SECTION 18-38 OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO REQUIRE PERMITS FOR "SPECIAL EVENTS"; PROVIDING A DEFINITION FOR THE TERM "SPECIAL EVENT"; REQUIRING A PERMIT FOR ALL SPECIAL EVENTS; ESTABLISHING PROCEDURES FOR APPLICATION FOR SPECIAL EVENT PERMITS; AUTHORIZING CITY COMMISSION TO GRANT OR DENY SPECIAL EVENT PERMITS; PROVIDING FOR PENALTY; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with Notice published in the Sanford Herald on August 1, 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 August 12, 1991, to consider the adoption of an ordinance by the City of Sanford, Florida; title of which is as follows: ORDINANCE NO. 3070 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 11 OF THE CODE OF THE CI~f OF SANFORD ENTITLED "GARBAGE, TRASH, WEEDS AND SOLID WASTE"; REQUIRING REFUSE COLLECTORS TO OBTAIN A FRANCHISE AGREEMENT TO PROVIDE COLLECTION OF COMMERCIAL WASTE WITHIN THE CITY ON SERVICE AGREEMENTS ENTERED INTO ON OR BEFORE JUNE 24, 1991; PROVIDING DEFINITTON OF TERMS "FRANCHISE AGREEMENT", FRANCHISE COLLECTOR" AND "REFUSE MINUTES City CommiSsion, Sanford, Florida 091 AUGUST 12, 91 19 3ica Nacu, owner of property at 1301 and 1307 Park Avenue, appeared and reported that abe purchased the property because it was zoned commercial, that she has the right to develop said property commercially, and that there is ample parking for business offices. Further, the property was in distress when she purchased it, that she is not trying to damage the historic district, and that she has spent a lot of money on repairs to improve the property. Don Major, 1313 Park Avenue, appeared and reported that the Planning and Zoning Commission previously denied the Conditional Use, and that the Commission voted in support of same. Further, neighboring businesses have tried to preserve the residential appearance of the neighborhood, and that a parking lot consisting of 14-16 parking spaces would not do so. He stated that he is opposed to said Conditional Use because of the affect it will have on the appearance of the neighborhood, the loss of privacy, and that the parking lot will be an ideal place for individuals to gather. Wally Dietrich, 1400 Magnolia Avenue, appeared and reported that a variance should not be given unless the property is owner occupied, and that the previous owner of Mr. Major's property had a machine shop in the garage. Further, he does not want the neighborhood disturbed by more development of commercial property. Mr. Blair, corner of 17th Street and Park Avenue, appeared in opposition to said Conditional Use, and questioned who would be responsible for monitoring the situation with a non-resident owner, and who would control whatever goes in there if it needs to be controlled. These individuals in opposition to said Conditional Use agreed to meet with Ms. Na6U and Commissioner McClanahan to review the plans and try to come to a mutual understanding. Ms. Nacu reported that there will be a privacy wall between her property and Mr. Major's, cars will not be parked right next to his yard, the parking lot will have a gate, which will be closed at night, and she will take care of the corner property. Commissioner McClanahan moved to table public hearing until September 9, 1991. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner McClanahan Aye Commissioner Howell Nay A public hearing was held in accordance with Notice published in the Sanford Herald on August 1, 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 August 12, 1991, to consider the adOption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 3069 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 18, SECTION 18-38 OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO REQUIRE PERMITS FOR "SPECIAL EVENTS"; PROVIDING A DEFINITION FOR THE TERM "SPECIAL EVENT"'; REQUIRING A PERMIT FOR ALL SPECIAL EVENTS; ESTABLISHING PROCEDURES FOR APPLICATION FOR SPECIAL EVENT PERMITS; AUTHORIZING CITY COMMISSION TO GRANT OR DENY SPECIAL EVENT PERMITS; PROVIDING FOR PENALTY; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 092 City Commission, Sanford, Florida AUIiUST_ 12, 1991 Ordinance No. 3072, entitled: AN ORDINANCE OF THE CITY OF SANFORD! FLORIDA, CLOSING, VACATING, AND ABANDONING THAT CERTAIN UTILITY EASEMENT LYING BETWEEN SANORA BOULEVARD AND STENSTROM BOULEVARD AND BETWEEN SANFORDAVENUEANDHUNT DRIVE, AS RECORDED IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA 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 Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3073, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING NORTH OF AND ABUTTING MEADOW DRIVE AND BETWEEN ART LANE AND DRIFTWOOD LANE EXTENDED NORTHERLY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THEVOLUNTARYANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. The Commission next considered Consent Agenda items as follows: Requests for payment of statements. (1) From Jammal & Associates for Vacuum Sewer Collection System, Contract I .................................. $ 562.50 (2) From City Attorney for Professional Services for the Month of July, 1991 ......................... $ 5,061.10 (3) From Conklin, Porter & Holmes for: (a) Amendment 19, Construction Services Vacuum Sewer System Contracts I, II, and III .......... $10,099.72 (b) Mill Creek & Cloud Branch Preliminary Engineering Services ........................... $ 1,078.20 (c) Rate Analysis Study ............................ $ 4,590.17 (d) Seasonal Discharge System ...................... $ 1,731.04 (e) Water Service, Meadow Street/ Driftwood Lane...$ 473.40 (f) Westerly Interceptor, Final Design ............. $ 8,130.95 (g) Westerly Interceptor & Reclaimed Water Transmission Mains Contracts I, and II, Construction Services .......................... $ 1,963.49 (h) Site 10, Additional Services Eagle Issue, Engineer and Subconsultant Services ............. $ 949.82 Bid $90/91-51, Replacement of AC Unit at Westside Boys/Girls Club. Department) Memo and Bid Tabulation submitted as follows: (Parks MINUTE S 0 9 5 City Commission, Sanford, Florida AIJGUST 12, 19 91 MEMORANDUM FROM: TO: DATE: Director of City Manager July 22, 1991 SUBJECT: Replacement of A/C unit Westside Boys/Girls Club Mr. Simmons, The A/C unit which cools the office and game rooms at the Westside Boys/Girls Club needs replacement. Repairs have reached the point of not being cost effective. A leaking system which cannot be repaired has caused us to spend too much on this system. Director of Parks recommends replacement of this facility A/C unit and funding be authorized from reserves. Staff recommends awarding the bid to Barnes Heating & Air Conditioning as low bidder and meeting specifications. The amount of the bid is $6,262.00. I have asked Barnes Heating & Air Conditioning to locate the unit on the roof of the Westside Center and he has agreed to do a roof installation for $350.00 addition with the City to furnish an electrical hook-up. Staff recommends approval. Account # 001-5051-572-46-03 JRJ/lt Copy: Purchasing Agent ~ 1 D TI rL £ _.Air Conditioner Westside .... !BID NUMBER -- 90/9i -..51 IOPENING DATE 6-22-91 TIME--2:00 JJIDDEtI$ ARISTA ATC Ovi~d~: STING TIME/DATE FROM: .... /, TERM~ BARNES A/C Sanford Longwood Longwood B&G 6,900.00 6,455.00 BID I .UNTIl.; /_ 'DELIVERY J BRAND CARROLL ' S 6. 991.00 Del - Air Longwood 8,'064.00 7 · Days 3O Days 5 Days 2 Weeks MODEL CI.~CL~ ~lgg 18 requests - 5 responses Account # 001:~051-572-46_03 ~zty Manage recommended acceptance lowest bid, Barnes Heating & Air Conditioning in total be installed on roof due to vandalism/theft units, City to furnish electrical hook-up, O P E N E D B Y:_ Walter Snearin,.-.: TABULATED BY:: J~ ~erni~n , VERIFIED BY:-~ Howar~ Jeffries 1 OF ?PAGE which met specifications, from amount of $6)612.00; said unit to of components from ground mounted to be funded from reserves. 1 PAG ~(S I¥111N U I City Commission, Sanford, Florida AUGUST 12, 1991 Approval of Vouchers for the Month of July, 1991. Dw Approval of Minutes of July 22, 1991 Work Session, and July 22, 1991 Regular Meeting. On motion of Commissioner Howell, 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 the commission: A. Authorized payment of statements (1) through (3). Accepted lowest bid, which met specifications, from Barnes Heating & Air Conditioning in total amount of $6,612.00; said unit to be installed on roof due to vandalism/theft of components from ground mounted units, City to furnish electrical hook-up, to be funded from reserves. C. Approved Vouchers for the Month of July, 1991. Approved Minutes of July 22, 1991 Work Session, and July 22, 1991 Regular Meeting. The Commission acknowledged four lump sum contract invoices approved for payment totalling $401,328.80. The Commission next considered a request from Willie L. Fossitt, representative, El-Bethel House of Refuge, for waiver of Land Development Regulations requirement for Planning and Zoning to hold a public hearing to consider the Conditional Use of a temporary non-commercial amusement facility, and City Commission to approve said Conditional Use, to hold a "Fun Fair" at 1001 Celery Avenue on September 2, 1991. Request withdrawn by Mr. Fossit pursuant to letter dated August 12, 1991, and the Commission took no action; Mayor Smith reported that Shirley Schilke has submitted her resignation from the Sanford Airport Authority, effective immediately. Commissioner McClanahan moved to accept said resignation, to thank Ms; Schilke for her service on said board, and to appoint Bobby Hattaway to the Sanford Airport Authority. 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 Commission next considered proposal from J.M. Hattaway, Hattaway Realty, to ~share cost of installing 10-inch water line to proposed subdivision on South Sanford Avenue, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Howell moved to accept said propOsal and authorized Staff to prepare the proper Developer's Agreement for same; estimated project cost approximately $53,152.00; City share approximately $24~160.00. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye CommissionerThomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Margie Hopkins, 905 West 10th Street, appeared and reported that subsequent to the last meeting, some posts, pipes and debris were removed from the ditch on Holly Avenue, however, bushes have grown-up, and some~concrete still remains in said ditch. MINUTES City Commission, Sanford, Florida 095 AUGUST 12, 19 91 %ity Manager reported that the some work has been done in the area, and that he will have a more detailed status report within the next few days. Mr. DeLattibeaudiere appeared and asked for a status report regarding the swimming pool complex. City Manager reported that the City of Sanford has entered into an interlocal agreement with the Seminole County School Board, for joint construction and operation of a swimming pool, and that the cost for same will be equally shared by both the City and the School Board. Further, Seminole High School will utilize said facility during school hours, with the City using same in the evenings, weekends, holidays, and during the summer months. Further, Seminole County School Board has applied for a PICO grant, and the status of same will be known on May 1, 1992. Also, the Commission approved a 1/2 mill ad valorem tax increase, with repayment over a 17 year period, for voter approval on the October 8, 1991 Bond Referendum for Recreational Facilities. drainage. Mr. DeLattibeaudiere stated that the City's priorities should be streets and There being no further business, the meeting was adjourned. Attest: clerk