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051892-Regular Meeting324 MINUTES City Commissioh? Sanford, Florida May 18, 1992~ The Ci.ty Commission of the City of Sanford, Florida met in Regular Meeting on Monday, May 18, 1992 at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Absent: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas Commissioner A. Al McClanahan City Attorney William L. Colbert City Manager William A. Simmons Acting City Clerk Linda L. Brace Commissioner Lon Howell City Clerk Janet R. Donahoe The Chairman called the meeting to order. Recognition of Seminole High School Baseball Team and Track and Field-Team. Commissioner Eckstein moved to adopt Resolution No. 1629 attached hereto and made a part of these Minutes as fully and completely as though same were set forth in these Minutes. Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Seconded by Ken Brauman, Track and Field Coach, appeared and introduced members of the Track and Field Team as follows: Terrance Jones, Bruce McClary, Carlo White, Britt Henderson, Gary Rowe, Gareth Forde, Jeffery Ingram, Brent Deese, Clarenece Sparrow, Cory Wilson, Anthony Neal, and Andre Scott. Mike Powers, Head Baseball Coach appeared and introduced assistant coaches Kenne Brown, Ernie McPherson, and Rod Ferguson, and members of the Base Ball Team as follows: Corey Gochee, Todd Braden, Tony Duncan, Jeremy Labit, Ryan Ortiz, Jeremy Chunat, Phillip King, Scott Ferguson, Matt Diemer, Terry Tillis, David Eckstein, Matt Freeman, John Lugering, Robby Morgan, John Williams, Quin Byrd, Deymy Beamon, and Anthony Roberts, Dave Farr, Executive Director, Chamber of Commerce ("Chamber"), appeared and read a resolution adopted by the Chamber, commending the team members, staff, coaches, parents, and supporters for excellence in competition, conduct and sportsmanship, and presented a copy of same to each coach and team member. Mayor Smith declared the week of May 18 through 22, 1992, as "Seminole High School Track and Field Team and Baseball Team Week" in the City of Sanford. Public Hearing to consider rezoning a portion of property lying between Lake Mar~Boulevard and Hidden Lake Subdivision and lying west of and abutting Art Lane from AG, Agriculture to RC-1, Restricted Commercial, as advertised in the Sanford Herald on April 28 and May 8, 1992. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the rezoning. Scott Allen Johnson, 150 Art Lane, appeared in support of the rezoning and stated that he will be operating a law office at said location. ~ Recommendations submitted from Planning and Zoning Commission and from Director of Planning and Development to approve. On recommendation of City Manager, Commissioner Thomas moved to authorize City Attorney to prepare the proper ordinance to rezone property as requested. 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 MINUTES 3 2 5 City Commission, Sanford, Florida May 18, 19 g? Continuation of Public Hearing to consider closing, Vacating and abandoning a portion of Jessamine Avenue l~iD~between West Second Street and West Third Street; tabled at April 13t 1992 Regular Meeting, pending notification of new owner; City Manager reported that Mary Sheppard, new owner, has been notified and Mike Robinson, her agent, reports willingness to grant requested easement. On recommendation of City Manager, Commissioner McClanahan moved to authorize City Attorney to prepare the proper ordinance to vacate 7.28 feet along entire block, as advertised, subject to owner giving an easement for an existing sewer line on the north portion of said property, and authorization for preparation of Grant of Easement, to be executed and recorded prior to ordinance adoption. Seconded by Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Request from Philip Gittleman, to operate a Game Room at 2'411 Airport Boulevard, tabled at May 11, 1992 Regular Meeting, pending applicant's appearance before the Commission regarding said request. On recommendation of City Manager, Commissioner Thomas moved to approve application for operation of Game Room 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 Request from Gene Pauldine, for waiver of 2-hour moving reguirement/Peddler's License to sell Fireworks. Gene Pauldine, 706 Ashly Court, Casselberry, appeared and reported that his family- owned business has sold Christmas Trees/Fireworks in the City of Sanford for the past three years. Further, he considered a site in Orange County, but did not pursue same because it was his understanding that he would still be allowed to sell fireworks in Sanford. Also, he has already invested $5,000.00 in this endeavor, and now it is too late to secure a site in Orange County. City Manager reported that he discussed the situation with City Attorney prior to tonight's meeting, that Mr. Pauline either did not receive information relative to the City Commission's action on September 23, 1991, which was to no longer grant waivers of City Code 18-71, or misinterpreted the information received. Further, City Code permits the sale of Christmas Trees by local nOt-for-profit civic organizations, and that no similar provision exists for anything other than Christmas Trees. Further, Mr. Pauldine does not have a location within a store to sell fireworks, but rather the usual tent arrangement. Mayor Smith reported that local merchants, who pay taxes and support the community year round, should be given the opportunity to sell fireworks. On recommendation of City Manager, Commissioner McClanahan moved to deny reques$ for waiver of 2-hour moving requirement. the vote of the Commission as follows: Mayor Smith Commissioner'Eckstein Commissioner Thomas Commissioner McClanahan Seconded by Commissioner Eckstein and carried by Aye Aye Aye Aye 326 MINUTES City Commission, Sanford, Florida May 18__ 1992 Monitoring of Reclaimed Water at Mayfair Golf Course. Proposal from Ardaman & Associates for Groundwater Monitoring at Mayfair Golf Course. On recommendation of City Manager, Commissioner Thomas moved to authorize execution of said contract with Ardaman & Associates in amount not to exceed $3,550.00, for Groundwater 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 Board appointments/re-appointments. Planning and Zoning Commission. Acting City Clerk reported that there is one vacancy for term to expire June 30, 1993. Commissioner Thomas moved to appoint James Hugo Brooks, Jr. to the Planning and Zoning Commission. 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 Consent Agenda Items. A. Requests for payment of statements. (1) From Muller, Mintz, Kornreich, Caldwell, Cas.y, Crosland & Bramnick for Professional Services for the month of April ................ $ 2,493.25 (2) From Universal Engineering Sciences, Inc. for: (-a) Clearing, Grading Stormwater Management System - Site 10, Contract II ................................................ $ 8,806.00 (b) Reclaimed Water Transmission Mains, Contract I ............. $ 6,235.00 (c) Westerly Reclaimed Water Transmission System, Contract I...$ 1,536.00 (d) Seasonal Discharge Transmission Main ....................... $ 1,731.00 (e) Water Reuse System Master Pump Station, Grove Irrigation System, Contract III ....................................... $ 128.00 (f) Westerly Reclaimed Water Transmission System, Contract II..$ 824.00 (g) 16th Street Sanitary Sewer Replacement ..................... $ 80.00 (h) Baywood Drive Sewer Rehabilitation ......................... $ 502.00 (i) Lake Dot Drive Sewer Rehabilitation ........................ $ 895.60 B. Consideration of Bid %91/92-41, Water Main Extension. (Utility Department) Memo and Bid Tabulations attached. City Manager recommended acceptance of lowest bid from Esterson Construction in amount of $47,500.00, pending submittal of satisfactory contract documents, and receipt of funding from Mr. Hattaway ($23,750.00 plus 1/2 of any Change Orders.) C. Approval of Minutes of May 11, 1992 Work Session. 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 the Commission: A. B. Authorized payment of statements (1) and (2). Accepted lowest bid from Esterson Construction in amount of $47,500.00, pending submittal of satisfactory contract documents, and receipt of funding from Mr. Hattaway ($23,750.00 plus 1/2 of any Change Orders.) C. Approved Minutes of May 11, 1992 Work Session. Information regarding lump sum contract invoices. The Commission acknowledged three lump sum contract invoices approved for payment totalling $47,652.08. MINUTES City Commission, Sanford, Florida 327 May 18, Recommendations described in memo dated May 14,'1992, action required or taken. Special Event Permit Applications: A) on May 23, 1992 at Centennial Park from Planning and Zoning. Commission Meeting of Thursday, May 7, 1992, a~ from Director of Planning and Development. No further Request from New Life Word Center for Outdoor Concert from 5:00 P.M. to 8:00 P.M. (10 participants - 300 spectators); B) Request from Seminole County Youth In Action for Youth Picnic in the Park on May 30, 1992 at Fort Mellon Park from 9:30 A.M. to 5:00 P.M. (20 participants - 150 + spectators); and C) Request from Community Improvement Associations of Sanford for Festiva] at HoDper School on May 30, 1992, from 9:00 A.M. to 5:30 P.M. (15 participants - 35 spectators. On recommendation of City Manager, Commissioner Eckstein moved to approve Special Event Permits A, B and C above, 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 Showcase and/or Sign to Recognize Youth Athletic Accomplishments. Commissioner Eckstein proposed that the City showcase and/or place a sign at the entrance of the City to recognize youth athletic accomplishments, 'and requested that same be discussed at the next Work Session. The consensus of the Commission was to place a sign at each entrance to the City, to be changed yearly as appropriate, and to discuss same at the next Work Session. Staff to provide draft for concept of signs and present at June 8, 1992, Work Session. Memorial Day March/"UnityForever". Commissioner Thomas reported that there will be a march on May 25, 1992/Memorial Day at 1:00 P.M., and that the theme for said event is "Unity Forever". Request fremCityAttorney for authorization to retain special legal counsel regarding Jan~ Luiz v. City of Sanford. On recommendation of City Attorney, Commissioner Eckstein moved to authorize City Attorney to retain attorneys Dale Morgan and Lamar Oxford as special legal counsel for the City at a reduced hourly rate of $100.00 regarding said case. 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 Bid # 91/92-44, Uniforms (Fire Department). On recommendation of City Manager, Commissioner McClanahan moved to accept lowest bid, which met specifications, from R & R in amount of Seconded by Commissioner Thomas and carried by the vote of the Commission as $5,237.75. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye There being no further business, the meeting was adjourned. Attest: /City Clerk