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042492-Regular Meeting308 MINUTES City Commission, Sanford, Florida April 27, 1992 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, April 27, 1992 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. Presentation of Eighth Annual Warren E. "Pete" Knowles Service Award. "Pete" Knowles appeared and presented Bristol C. "Cal" Conklin, Conklin, Porter & Holmes, with the Warren E. "Pete" Knowles Service Award Plaque. Resolution No. 1626. Commissioner Howell moved to adopt Resolution No. 1626 attached hereto a~ made a part of these Minutes as fully and completely as though same were set forth in t~hese Minutes. 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 Mayor presented Resolution No, 1626 to Mr. Conklin. Public Hearing to consider the Settlement of ORT v. City of Sanford, Case No. 91-2828-CC-20- H, as advertised in the Sanford Herald on April 17, 1992. City Attorney reported that this matter, which occurred in June of 1990, involves approximately 130 hours of accrued sick leave for a police officer, and that because the controversy is so nominal and does not include monetary exchange, recommended that the Commission settle the case by restoring said approximate 130 hours of accrued sick leave. The Chairman announced that the Commission would hear from those persons present to speak regarding said case. No one appeared. On recommendation of City Attorney, Commissioner McClanahan moved to authorize settlement of the Ort v. City of Sanford, Case No. 91-2828-CC'20-H thereby restoring approximately 130 hours of accrued sick leave to Police Officer Ort. 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 Public Hearing to consider rezoning a portion of proDert¥ lying between Fourth Street and Fifth Street and between Pecan Avenue and Poplar Avenue, from RI'l, Restricted Industrial, i~MR-3t Multiple-Family Residential, as advertised in the Sanford Herald on April 7, and 17, f992. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the rezoning. No one appeared. Recommendations submitted from Planning and Zoning Commission and Director of Planning and Development to approve rezoning. On recommendation of City Manager, Commissioner Thomas moved to authorize City Attorney to prepare the proper ordinance to rezone the aforesaid property as advertised. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida April 27, 1992~ Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Hearing to consider second reading and adoption of Ordinance No. 3109, as advertised in the Sanford Herald on April 16, 1992. Ordinance No. '3109, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CHANGING THE NAME OF KENNEL ROAD PRESENTLY DEFINED WITHIN THE CITY OF SANFORD, FLORIDA TO AERO LANE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, proposed Ordinance No. 3109. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3109. 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 Public Hearing to consider second reading and adoption in the Sanford Herald on April 16, 1992. Ordinance No. 3110, entitled: of Ordinance No. 3110, as advertised 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 24THPLACE AND WEST 25TH STREET AND BETWEEN CHASE AVENUE AND LAKE AVENUE FROM MR-3, (MULTIPLE-FAMILY RESIDENTIAL) TO RMOI, (MULTIPLE-FAMILY RESIDENTIAL-OFFICE-INSTITUTIONAL); PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, proposed Ordinance No. 3110. No one appeared. Commissioner McClanahan moved on the second reading and adoption of Ordinance No. 3110. 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 Request from BethlehemPrimitive Baptist Church, for City demolition of property located at 1630 West 15th Street. On recommendation of City Manager, Commissioner McClanahan moved to authorize Public Works Department to demolish the aforesaid property, with requestor to pay $1,886.71 up front, to cover City costs for said demolition, unless owner desires to use private contractor for less money. 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 Request from Jack Horner, for Special Event Permit, for opening of Campaign Headquarters for Michael Horner on Tuesday, May 5w 1992, from 3:30 P.M. to 5:00 P.M. at Magnolia Mall (approximately 100 participants). On recommendation of City Manager, Commissioner Howell moved to approve Special Event Permit as requested. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: 310 MINUTES City Commission, Sanford, Florida 1992 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Southern Bell, for Utility Easement, for construction, operation and maintenance of telecommunication equipment, underqround cables and wires, and required aDDurten~nt facilities at Mayfair Country Club. On recommendation of City Manager, Commissioner Thomas moved to approve said Utility Easement as requested. 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 Requests from St. James A.M.E. Church regarding fund-raising carnival on Saturday, May 2, 1992 from 9:00 A.M. to 6:00 P.M.: A. Close 9th Street from Cypress Avenue to Pine Avenue, B) Waiver of LDR requirements for Planning and Zoning to hold public hearing to consider Conditional Use of temporary non-commercial amusement facility, and requesting City Co~a~,ission to approve said Conditional Use. City Manager reported applicatibn for Special Event Permit for same has been received. On recommendation of City Manager, Commissioner McClanahan moved to approve Special Event Permit including street closures, and request to waive Conditional Use public hearing by Planning and Zoning Commission, subject to requestor coordinating with Land Development Coordinator and assure, prior to the event, compliance with all other applicable requirements for similar events including parking/traffic control, sanitary facilities, tent permit as required, and subject to for-profit vendors/subcontractors obtaining occupational licenses. 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 directed Staff to notify previous Special Event Applicants of the City's policy regarding Special Events. Request from Philip Gittleman d/b/a Phils Hot Spot, to operate a Pool Room at 2707 Orlando Drive. Commissioner McClanahan moved to table consideration of request to operate a Pool Room, pending additional information. 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 Contract with Zaffran Bus Company for bus usage during 1992 Summer Playground Program. On recommendation-of City Manager, Commissioner McClanahan moved to approve contract with Zaffran Bus Company, and to authorize issuance of blanket purchase order in an amount not to exceed $5,970.00, for bus usage for 1992 Summer Playground Program, from June 15 through August 6, 1992. 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 MINUTES City Commission, Sanford, Florida Apri& 27, Request for authorization to bid for Compliance Review Services of Franchise Fees and Utility Taxes. On recommendation of City Manager, Commissioner McClanahan moved to authorize Staff to bid for Compliance Review Services of Franchise Fees and Utility Taxes; seeking said services on contingency fee basis, with proposed contracts to be submitted for City Commission approval. 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 Request to declare police weapon surplus, and present same to police officer upon retirement. Commissioner Eckstein moved to declare Sig Sauer, Model P226 9mm pistol, Serial %U-167-321, City Inventory %003317, surplus, and to present same to Captain Charles Fagan as requested by Police Chief. Seconded by Commissioner Thomas and carried by the vote of the Commissicn as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye ResOlution No. 1627. Commissioner Thomas moved to adopt Resolution No. 1627, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, ESTABLISHING THE CITATION SCHEDULE WITH CITATION OFFICER RESPONSIBILITIES AND ESTABLISHING INITIAL AND ANNUAL TRAINING REQUIREMENTS FOR CODE ENFORCEMENT OFFICERS. 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 Nay Commissioner Howell Aye New Cost Estimate regarding Intersection Improvements at Central Park Drive and Upsala Road. On recommendation of City Manager, Commissioner McClanahan moved to approve new materials cost estimate in amount of $54,180.00, and to authorize payment of same to Seminole County, from Local Option Gas Tax funds, for said intersection improvements. 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 Proposal from Industrial Waste Service, Inc., for assignment of all its remaining commercial refuse contracts in the City of Sanford to the City of Sanford. On recommendation of City Manager, Commissioner Howell moved to approve proposal from Industrial Waste Service, Inc. as outlined in Public Work Director's Memo dated April 22, 1992, to authorize City Attorney to prepare Agreement regarding same, and to authorize City Manager to execute said Agreement upon completion. 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 312 MINUTES City Commission, Sanford, Florida ADril 27, 1~o2 Amendment 37, to Consultinq Engineering Services Contract with Conklin, Porter & Homes. On recommendation of City Manager, Commissioner Thomas moved to authorize execution of said Amendment 37, to Consulting Engineering Services Contract with Conk!in, Porter & Holmes dated December 7, 1983, in amount not to exceed $175,098.21, for Hayfield Development and Irrigation System at Site 10, Contract IV. 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 First reading of Ordinance No. 3111. On motion of Commissioner McClanahan, 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~ Ordinance No. 3111, 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 FERN DRIVE EXTENDED WESTERLY AND JONES AVENUE EXTENDED WESTERLY AND BETWEEN SANFORD AVENUE AND AMERICANA BOULEVARD FROM AG, AGRICULTURAL, TO MR-l, MULTIPLE-FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Board appointments/re-appointments/resignations. Sanford Airport Authority: .City Clerk reported that Bob Hattaway has submitted his resignation fro~ the Sanford Airport Authority, and the Commission accepted same. Commission to consider appointment of a replacement at May 11, 1992 Regular Meeting. Sanford Housing Authority: City Clerk reported that the term of Alberta Detreville expires May 20, 1992, and that the Tenants Council recommends Ida Stephens, Rosemary Charles and Towanna Raines be considered for appointment to said Board. Commissioner McClanahan moved to table consideration of a replacement, pending information regarding candidates' qualifications and backgrounds. Said motion died for lack of a second~ Commissioner Thomas moved to appoint Rosemary Charles to the Sanford Housing Authority, and thanked Ms. Detreville for her service on 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 Consent Agenda. A. Requests for payment of statements. (1) From Jammal & Associates for: (a) Vacuum Sewer Collection System, Contract I .......... $ 817.00 (b) Reclaimed Water Distribution System ................. $ 283.00 (2) From Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, for Professional Services for the Month of March, 1992 ........................................... $ 1,572.25 Be Proposal from Dr. Dietz, in estimated amount of $5,751.00, for investigation of nitrification at Wastewater Treatment Plant. City Manager recommended acceptance of proposal. Approval of Minutes of April 13, 1992 Work Session and April 13, 1992 Regular Meeting. MINUTES City Commission, Sanford, Florida April 27, 313 1992 i 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: Authorized .payment of statements (1) through (2). Accepted proposal from Dr. Dietz, in estimated amount of~ $5,751.00, for investigation of nitrification at Wastewater Treatment Plant. Approved Minutes of April 13, 1992 Work Session and April 13, 1992 Regular Meeting. Information regarding lump sum contract invoices. The Commission acknowledged twelve lump sum contract invoices approved for payment totalling $1,146,066.45. Recommendation~ from Planning and Zoning Commission Meeting of Thursday, April 16, 1992, as described in memo dated APril 21, 1992, from Land Development Coordinator. No further action required or taken. Conditional Use Permit for Bed and Breakfast at 1011 Oak Avenue, Sica Nacu, owner, and Development Order regarding same. Planning and Zoning Commission approved Conditional Use Permit at Meeting of April 16, 1992, as described in memo dated April 21, 1992 from Land Development Coordinator, and with conditions as set forth in Director of Planning and DevelOpment's memo dated April 9, 1992. On recommendation of City Manager, and Director of Planning and Development, Commissioner Howell moved to authorize the Mayor to execute the aforesaid Development Order and recording of same. 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 "Amnesty Day"/Hazardous Waste Dumping. The Commission directed City Manager to contact Ron Rabun, Seminole County Manager, and Jerry Brinton, to discuss the problem which occurred as a result of no County people being present to man the stations on "Amnesty Day", Saturday, April 25, 1992 at Zayre's Shopping Center, and to request that the County provide phone numbers and/or persons to contact in an emergency situation. Re~est from Commissioner Thomas for "Habitat for Humanity", for payment assistance regarding water and sewer, refuse and stormwater utility fees. The Commission took no action. Request from Commissioner Howell for status report regarding Seminole Town. Center. City Manager reported that the initial estimated date for breaking ground was fall of 1992, with the opening in 1994, that they have not closed on the land to date, and that he will be meeting with Tom Schneider this week and will discuss same. Request from Florida League of Cities for City of Sanford to purchase advertising sDace in the 1992 Special Convention Program. The Commission concurred not to advertise. 314 MINUTES City Commission, Sanford, Florida 1992__ Request to enter into Agreement with Florida Power and Light Company. On recommendation of City Manager, Commissioner Thomas moved to authorize execution of Agreement with Florida Power and Light Company; City to receive $2,500.00 rebate, to be applied toward HVAC system upgrade engineering study at City Hall. vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by the Request Taxes. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye from Florida League of Cities, for City support regarding Voter Control of City The Commission concurred to take no active position. Request from Gerard Oshman, Gator Fireworks, for 2-hour waiver of moving requirement for Peddler's License, to sell fireworks. The Commission suggested that Mr. Oshman discuss the City's policy regarding this matter with City Manager after this evening's meeting. Request from Elijah Richardson, Pastor, E1 Bethel House of Refuse, 601 South Sanford Avenue, to discuss a police incident involving a youth that occurred on April 24, 1992. City Attorney recommended that the Commission refrain from discussing the incident because it is a pending criminal matter, and the court case could be jeopardized if it is discussed. The Commission directed Police Chief Steven Harriett to meet with Mr. Richardson, and to provide the Commission with a complete report regarding the matter when the court case is resolved. There being no further business, the meeting was adjourned. Attest: ~ City Clerk