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060892-Regular Meeting33O MINUTES: City Commission. Sanford, Florida June 8, The City Commission of the City of Sanford, Florida mec in Regular Meeting on Monday, June 8, 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 Acting City Attorney Clay Simmons City Manager William A. Simmons City Clerk Janet R. Donahoe Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Explorer of the Year 1991. Mayor Smith presented the "Explorer of the Year 1991 Award", to Bryan Presley, and a plaque regarding same. Public Hearing to consider rezoning a portion of property lying north of and abutting Lake Mary Boulevard and west of and abutting Driftwood Lane from SR-1AA, Single-Family Dwelling Residential to RC-1, Restricted Commercial, as advertised in the Sanford Herald on May 19 and May 29, 1992. 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. On recommendation of City Manager, Commissioner Thomas moved to authorize City Attorney to prepare the proper ordinance to rezone property as advertised. 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 of Ordinance No. 3112, as advertised in the Sanford Herald on May 28, 1992. Ordinance No. 3112, 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 FOURTH STREET AND FIFTH STREET AND BETWEEN PECAN AVENUE AND POPLAR AVENUE FROM RI-l, RESTRICTED INDUSTRIAL TO THAT OF MR-3, MULTIPLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of May 18, 1992, 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 adoption of Ordinance No. 3112. No one appeared. Commissioner McClanahan moved on the second reading and adoption of said Ordinance Seconded by Commissioner Howell and carried by the vote of the Commission as No. 3112. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye MINUTES City Commission, Sanford, Florida 331 June 8, 92 19__ o o Public Hearing to consider closing, vacating and abandoning a 7.5 foot utility easement lying on the southeasterly side of property at 108 Ventura Drive, as advertised in the Sanford Herald on May 25, 1992, David & June Ligler, owners. The City Clerk reported notice was sent to abutting owners on May 22, 1992. The~Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed vacating. No one appeared. Recommendation submitted frOm Plans Review Committee to approve vacating as advertised. On recommendation of City Manager, Commissioner Howell moved to authorize City Attorney to prepare the proper ordinance to vacate .the 5.5 feet of the utility easement closest to the house. 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 Series 1992 Water and Sewer Revenue Bonds, as discussed at tonight's Work Session. City Manager reported that the City will be refinancing part of the 1986 Utility Revenue Bonds to take advantage of the low interest rates, that said refinancing will represent a savings of $328,000.00, and-reduce the City's total debt service by 3.2%. Ed Bulleit, William R. Hough and Co., appeared, distributed a Pricing Summary Booklet providing financing information, and reviewed same. He stated that initially the City considered also refunding 1989 bonds, but chose to only refinance the 1986 bonds because the market wasn't good enough. Further, a AAA rating was received, the true interest cost is 6.34%, and the present value savings is $328,107.45. Further, William R. Hough & Co. is willing to buy the bonds as outlined. Art Diamond, Financial Advisor to the City of Sanford, appeared and recommended that the City accept William R. Hough and Co.'s bid for this bond. Resolution No. 1630. Commissioner McClanahan moved to adopt Resolution No. 1630, entitled: A RESOLUTION AMENDING RESOLUTION NO. 1423, AS AMENDEDAND SUPPLEMENTED TO MODIFY THE DEFINITION OF RESERVE REQUIREMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Commissioner Howell Resolution No. 1631. Aye Aye Aye Aye Aye Commissioner Thomas moved to adopt Resolution No. 1634, entitled: A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF $11,150,000.00 CITY OF SANFORD, FLORIDA, WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1992; AWARDING THE SALE THEREOF TO WILLIAM R. HOUGH & CO., SUBJECT TO THE TERMS AND CONDITIONS OF A BOND PURCHASE AGREEMENT; AUTHORIZING THE DISTRIBUTION AND EXECUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT IN CONNECTION WITH THE DELIVERY OF THE BONDS; APPOINTING A PAYING AGENT AND REGISTRAR AND ESCROW HOLDER; AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE; SUPPLEMENTING AND AMENDING RESOLUTION NO. 1623 TO CONFORM TO THE CONDITIONS OF THE COMMITMENT FOR MUNICIPAL BOND INSURANCE; CANCELING THE REMAINING AUTHORI ZED BUT UNISSUED BONDS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. 332 MINUTES City Commission, Sanford, Florida June 8, 19 92 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. 1634. Commissioner Eckstein moved to adopt Resolution No. 1634, entitled: A RESOLUTION PROVIDING FOR THE REDEMPTION OF CERTAIN OF THE OUTSTANDING CITY OF SANFORD~ FLORIDA, WATER AND SEWER REVENUE BONDS, SERIES 1986; PROVIDING FOR PUBLICATION OF NOTICE OF ADVANCE REFUNDING; PROVIDING FOR MAILING THE NOTICES OF REDEMPTION TO THE OWNERS OF REFUNDED BONDS; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. 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 Acting City Attorney reported that the Commission will be required to execute a Certificate as to Public Meetings and No Conflict of Interest Form regarding the sale of said bonds. Contract with William R. Hough and Co., for sale of Series 1992 Water and Sewer Revenue Bonds. Commissioner Eckstein moved to authorize Mayor Smith and City Clerk to execute said contract. Secon.~d 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 Addendum No. 6, to Contract with Solin and Associates, Inc., for Review of proposed Interim Proprietary and General Services Fee Study. On recommendation of City Manager, Commissioner Howell moved to authorize the Mayor to execute said Amendment No. 6, to Contract with Solin and Associates dated April 10, 1989, in amount not to exceed $1,000.00. 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 Developer's Agreement for Lewis Edward White Car Wash on Airport Boulevard. On recommendation of City Manager, Commissioner Howell moved to authorize execution of said Developer's Agreement. 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 from Sanford Seminole Jaycees, for Special Event Permit, for Car Show, Carnival and Fireworks Show at Ft. Mellon Park and Lake Monroe on July 4, 1992, from 8:00 A.M. to 9:00 P.M. (30 participants - pro~ected spectators 15,000). On recommendation of City Manager, Commissioner Thomas moved to approve said Special Event Permit as requested; requestor to hire five additional off-duty officers. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida 333 June 8, 199 2 hayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Resolution No. 1632. On recommendation of City Manager, Commissioner Eckstein moved to adopt Resolution No. 1632, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, SEEKING LEGISLATION THROUGH THE SEMINOLE COUNTY LEGISLATIVE DELEGATION WHICH WILL REMOVE COMMUNICATION RESTRICTIONS BETWEEN ELECTED OFFICIALS AND THEIR CONSTITUENTS IMPOSED BY RECENT COURT DECISIONS FROM THE DISTRICT COURTS OF APPEAL OF THE STATE OF FLORIDA; PROVIDING FOR DISTRIBUTION AND EFFECTIVE DATE. 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 Amendment No. 4, to Grant with Florida Department of Environment Regulations, for Wastewater Treatment Improvements. On recommendation of City Manager, Commissioner Howell moved to authorize execution of said Amendment No. 4. by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Condemnation Items. ae Be Seconded by Commissioner McClanahan and carried Status Report of all current and pending condemnations. Requests for time extensions: (1) Condemnation Report ~90-13, 606 Park Avenue, Jack Travis, Jr., owner. City' Manager recommended 90 day extension. (2) Condemnation Report 991-13, 1411 Southwest Road, Voncile Stephens, owner. City Manager recommended 30 day extension. of City Manager recommended approval for City to demolish in the case Condemnation Report #90-7, 408 1/2 Cypress Avenue, Debose/Ruth Allen. On motion of Commissioner McClanahan, 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: A. No action required or taken. B. (1) Authorized 90 day extension. (2) Authorized 30 day extension. C. Authorized Public Works to commence demolition procedures. First reading of Ordinance No. 3107. On motion of Commissioner Thomas, 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 seconded by 334 MINUTES City Commission, Sanford, Florida June 8, 19 92 ordinance No. 3107, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF JESSAMINE AVENUE LYING BETWEEN WEST SECOND STREET AND WEST THIRD STREET, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3113. 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. 3113, 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 LAKE MARY BOULEVARD AND HIDDEN LAKE SUBDIVISION AND LYING WEST OF AND ABUTTING ART LANE IS PROPOSED TO BE REZONED FROM AG, AGRICULTURE TO THAT OF RC-1, RESTRICTED COMMERCIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Proposed Revised Facility User recommendation of City Manager, described in memo dated May 18, Fees, as discussed at tonight's Work Session. On Commissioner Thomas moved to approve rate increases as 1992, from Recreation and Parks Director. 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 Request from Sanford Housing Authority, for City support regarding Public and Indian Housinq Drug Elimination Program Grant ADplication. On recommendation of City Manager, Commissioner Howell moved to authorize the Mayor to execute a letter supporting said application 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 Third Amendment to CDBG Program Housing Rehabilitation Services Agreement. On recommendation of City Manager, Commissioner McClanahan moved to authorize the execution of said Third Amendment to CDBG Program Housing Rehabilitation Services Agreement dated December 13, 1990, extending said Agreement until September 30, 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 Recommendations from Planning and Zoning Commission Meeting of Thursday, May 21, 1992 as described in memo dated May 27, 1992, from Land Development Coordinator. Recommendation No. 1: No further action required or taken. Recommendation No. 2: Commissioner Thomas moved to acknowledge the Preliminary Plat for Monroe Meadows. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida June 8, 335 19 92 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Board appointments/re-appointments/resignations. ae Code Enforcement Board: City Clerk reported that effective July 1, 1992, there will be one vacancy (alternate) for term to expire April 4, 1994. The Commission took no action, and referred consideration of same to June 22, 1992 Regular Meeting. Be Sanford Housing Authority: City Clerk reported that the Sanford Housing Authority Manager reports Steven L. Lawrence has resigned from said board; and suggests that Wayne Gardner, Edward L. Blacksheare and Whitey Eckstein be considered for said appointment. Commissioner Thomas moved to appoint Edward L. Blacksheare to the Sanford Housing Authority, contingent upon receipt of resignation from Steven L. Lawrence. 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 Items. A. Requests for payment of statements. (1) From Jammal and Associates for Vacuum Sewer Collection System, Contract I ..................................................... $205.00 (2) From Ardaman and Associates for Quarterly Monitoring of Groundwater Wells at Mayfair Golf Course .................... $318.58 B. Tabulation of Bids and Telephone Quotes. (1) Bid ~91/92-47, Painting of Parks Facilities (Recreation and Parks Department). City Manager reco~,ended acceptance of lowest bid, which met specifications, from Marc Najanick Painting in amount of $7,800.00. (2) Quotes for Fax Machine (Fire Department). City Manager recommended acceptance of lowest quote, meeting specifications, from Office Depot in amount of $468.98, and authorization for transfer of funds ina mount of $164-.00. (3) Quotes for LP10 Cardiac Monitor (Fire Department). City Manager recommended acceptance of lowest quote including trade-in allowance, meeting specifications, from Med-Tech in amount of $9,110.00 minus $2,565.00 trade-in allowance; totalling $6,545.00 (lower quote did not provide trade-in allowance). C. Approval of Vouchers for the Month of May, 1992. Approval of Minutes of May 11, 1992 Regular Meeting and May 18, 1992 Regular Meeting. On motion of Commissioner Thomas, 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: A. Approved payment of statements (1) and (2). B. (1) Accepted lowest bid, which met specifications, from Marc Najanick Painting in amount of $7,800.00. (2) Accepted lowest quote, meeting specifications, from Office Depot in amount of $468.98, and authorization for transfer of funds in amount of $164.00. (3) Accepted lowest quote including trade-in allowance, meeting specifications, from Med-Tech in amount of $9,110.00 minus $2,565.00 trade,in allOwance; totalling $6,545.00 (lower quote did not provide trade-in allowance). C. Approved Vouchers for the Month of May, 1992. 336 MINUTES-'. City Commission, Sanford, Florida 19 92 Approved Minutes of May 11, 1992 Regular Meeting, and May 18, 1992 Regular Meeting. Information regarding lump sum contract invoices. The Commission acknowledged fourteen lump sum contract invoices approved for payment totalling $664,416.38. Hearing to consider appeal of denial of City Class Five (5) Alcoholic Beverage Registration. Steve Kutner, representative for Nick Pappas, owner of Uncle Nick's, appeared and reported that Nick Pappas previously requested that the Commission grant a variance, or establish a new Class, which would allow Uncle Nick's to sell alcoholic beverages on Sundays, and that said request was denied. Further, Mr. Pappas has submitted an application for a Class Five (5) Alcoholic Beverage Registration, in addition to his Class Three (3) Registration, that Staff has indicated City Code does not allow for multiple registrations, and that same would require City Commission approval. Further, the sale of alcoholic beverages on Sundays would not affect the safety, health or welfare of Sanford citizens. Mr. Kutner requested that the Commission, City Clerk and City Staff accept the application for Class Five (5) Certificate of Registration. Acting City Attorney Clay Simmons reported that the intent of the City Code relative to the sale of alcoholic beverages is designed to regulate the hours of sale; to permit multiple Certificates of Registration for consumption of alcoholic beverages on premises at the same location would destroy the scheme of said Code, and recommended that the City not grant multiple Certificates of Registration for the same location. On recommendation of Acting City Attorney, Commissioner Thomas moved to deny request for two Certificates of Registration for consumption of alcoholic beverages at Uncle Seconded by Commissioner McClanahan and carried by the vote of the Commission as Nick's. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Resolution No. 1633. On recommendation of City Manager, Commissioner McClanahan moved to adopt Resolution No. 1633, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, REJECTING THE PROPOSED REAPPOINTMENT PLAN OF THE MPO; REQUESTING RECONSIDERATION OF THE PLAN BY THE MPO AND ADOPTION OF ONE THAT WOULD CONTINUE TO PROVIDE EFFECTIVE REPRESENTATION OF THE CITIES IN THE METROPOLITAN AREA; AND REQUESTING THAT GOVERNOR CHILES REJECT THE REORGANIZATION PLAN UNLESS IT IS MODIFIED TO CONTINUE TO GIVE CITIES EFFECTIVE REPRESENTATION; PROVIDING FOR DISTRIBUTION AND AN EFFECTIVE DATE. 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 First reading of Ordinance No. 3114. 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 MINUTES 337 City Commission. Sanford, Florida June 8, 19 92 Ordinance No. 3114, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3075, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3115. On motion of Commissioner Thomas, 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. 3115, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3061, AND ADOPTING AN AMENDED PERSONNEL RULES AND REGULATIONS EFFECTIVE IMMEDIATELY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Holiday Inn. Acting City Attorney reported that subsequent to letter dated June 5, 1992, from City Attorney, R.T.C has filed a Notice of Default, and has asked if the City intends to cure said default. City Manager to research and report back to the Commission with recommendations/alternatives at the June 22, 1992 Regular Meeting. 1992 Florida Urban Forestry council Award, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Howell moved to authorize the Mayor to execute the 1992 Florida Urban Forestry Council Award Application supporting the nomination of Sanford Scenic Improvement Board for said award. 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 There being no further business, the meeting was adjourned. M AY'Ot% Attest: City Clerk