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101292-Regular MeetingMINUTES City Commission, Sanford, Florida Regular Meeting 421 October 12, 1992 Monday, October 12, Sanford, Florida. Present: The City Commission of the City of Sanford, Florida met in Regular Meeting on 1992 at 7:00 o'clock P.M. in the City Commission Room, City Hall, 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. Public Hearing to consider condemnation of properties as follows: 1) 1411 Bell Avenue, Condemnation Report No. 9207t Burda Scott, owner, 2) 1413 Bell Avenue, Condemnation Report No. 92-08, Burda Scott, ownert and 3) 1106 West First Street, Condemnation Re~ort No. 92-09t Kirby Moncrief, Trustee, owner. The Chairman announced that the Commission would hear from those persons present to speak regarding these properties. No one appeared. On recommendation of City Manager, Commissioner McClanahan moved that finding the above-referenced structures to be unsafe, dilapidated, unsanitary or uninhabitable, that said structures be condemned, and the property owners granted a time period of 30 days in which to demolish and remove said buildings or structures or place them in a state of sound repair. Further, in the event of failure on the part of the property owners, within said 30 day time period, to effect such demolition and removal or repair, to authorize the City to demolish and remove the buildings or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. 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 Continuation of public hearing to consider rezoning a portion of property lying between Mangoustine Avenue and Olive Avenue and between Second Street and Third Street, from MR-3, Multiple-Family Residential, to RC-1, Restricted Commercial, Bernette Smith, owner, tabled at meeting of September 28, 1992 pending recommendation from Planning and Zoning Commission. 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. Recommendation submitted from Planning and Zoning Commission to deny the requested rezoning. to rezone. follows: Recommendation submitted from Director of Planning and Development to deny. On recommendation of City Manager, Commissioner McClanahan moved to deny request Seconded by Commissioner Howell and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye 422 MINUTES City Commission, Sanford, Florida Re.qu] ar Meet i nq October 12, 1992 Request from RonaldThompson d/b/a Love Track, to operate a Dance Hall at 420 South Sanford Avenue. Woman appeared and reported that the Love Track is a private (members only - approximately 50 to 75) dance hall, and that said members must be at least 21 years of age. Also, the club will be open until 2:00 A.M., and that alcoholic beverages will not be sold on the premises. Police Chief Steve Harriett reported that the club is adjacent to a residential area, and recommended that the Commission consider establishing the hours of operation, and possibly require on-site security as a condition of granting the license. City Attorney reported that this does not appear to be a zoning issue, and therefore, the Commission does not have the authority to deny the request unless health, safety, or welfare are impacted, but can regulate on-site security, hours of operation, and alcohol consumption. Commissioner Thomas moved to authorize issuance of license, to operate a dance hall at 420 South Sanford Avenue as requested. Seconded by Commissioner McClanahan. Man appeared and reported that members must comply withspecific rules and by-laws, and submitted a copy of same, which the Mayor read. He stated that the club will close between 1:00 A.M.- and 3:00 A.M., and that alcohol will not be available for purchase, but members may bring their own. City Attorney reported that the Commission can either approve the license, with conditions/stipulations i.e. hours of operation, no alcohol consumption on the premises, and compliance of membership rules and by-laws, or table the matter pending additional information regarding regulations pertaining to bottle clubs. Commissioner Thomas withdrew his motion, and Commissioner Eckstein withdrew the second. Commissioner Thomas moved to table this item until October 26, 1992 Regular Meeting, pending City Attorney comments/recommendations regarding regulations pertaining to bottle Seconded by Commissioner Eckstein and carried by the vote of the Commission as clubs. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Sanford Group of Alcoholics Anonymous, for exemption of Civic Center rental fees, for Central Florida Intergroup Services, Inc. Roundup on November 8, 1992. On recommendation of City Manager, Commissioner Howell moved to approve reduced rate in amount of $240.00. 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 MINUTES City Commission, Sanford, Florida Regular Meeting 423 19__ Request from Fraternal Order of Eagles, for Conditional Use (Class 3 Alcoholic Beverage Registration) at Riverboat Plaza, as discussed at tonight's Work Session. Commissioner Howell moved to table this item until October 26, 1992 Regular Meeting, for lack of representation. Also, City Attorney to review and make comments/recommendations. 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 Proposal from Conklin, Porter and Holmes, for French Avenue Elevated Tank HydraulicAnalysis. On recommendation of City Manager, Commissioner McClanahan moved to approve said proposal in amount of $1,500.00. 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 Amendments to extend expiration dates of three (3) Interlocal Grant Agreements with Seminole County. On recommendation of City Manager, Commissioner Howell moved to authorize execution of said three (3) extension agreements as follows: 1) Emergency Repair FY 91/92, from October 31, 1992 to January 1, 1993, 2) Rental Rehabilitation FY 91/92, from September 30, 1992 to January 1, 1993, and 3) City of Sanford Rehabilitation FY 90/91, from September 30, 1992 to January 1, 1993. 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 Recommendations from Planning and Zoning Commission Meeting of October 1, 1992, as described in memo dated October 2, 1992, from Land Development Coordinator. or taken. Condemnations. No further action required the vote of the Commission as follows: the Commission: A. B. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye No action required or taken. (1) Authorized 60 day extension. (2) Authorized 60 day extension. A. Status Report of all current and pending condemnations. B. Requests for Time Extensions: (1) Report ~90-3, 1113 West 10th Street, Mary Leonard, owner. City Manager recommended 60 day extension. (2) Report %90-13, 606 South Park Avenue, Jack Travis, owner. City Manager recommended 60 day extension. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by 424 M'INUTES City Commission, Sanford, Florida RegU 1 ar Meet i nq October 12, 19 92 Board appointments/re-appointments. A: Board of Adjustment & Appeals: City Clerk reported that A. K. Shoemaker's term will expire November 10, 1992, and that he is willing to serve again, if re-appointed. Commissioner McClanahan moved to re-appoint A.K. Shoemaker to the Board of Adjustment & Appeals. 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 Be Metropolitan Planning Organization Citizens' Advisory Committee: City Clerk reported that Robert F. Von Herbulis has submitted his resignation from said Committee. Commissioner McClanahan moved to accept Mr. Von Herbulis' resignation, and to thank him for his service on said Committee. Also, to appoint Jon Oleson to the Metropolitan Planning Organization Citizens' Advisory Committee. 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. Approval of statements: (1) From Ardaman & Associations for Site 10 Groundwater Monitoring ............................................ $ 9,712.30 (2) From Conklin, Porter & Holmes for Pump Branch Culvert Study ................................................. $ 813.32 (3) From City Attorney for Professional Services for the Month of September, 1992 .............................. $ 4,131.50 B. Tabulations of Bids. (i) Bid %91/92-65, Annual Cemetery Maintenance Contract (Parks & Recreation Department). Based on City Attorney's recommendation, City Manager recommended acceptance of the second lowest bid, which met specifications, from the Bond Terre Group in amount of $40,720.00. (2) Bid %91/92-67, Gasoline Powered Tank Sprayer (Public Works Department). City Manager recommended acceptance of lower bid, which met specifications, from Lesco, Inc., in amount of $1,982.00. C. Approval of Vouchers for the Month of September, 1992. De Approval of Minutes of September 22, 1992 Special Meeting; and September 28, 1992, Work Session. 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 the Commission: A. Approved payment of statements (1) through (3). B. (1) Accepted second lowest bid, which met specifications, from the Bond Terre Group in amount of $40,720.00. (2) Accepted lower bid, which met specifications, from Lesco, Inc., in amount of $1,982.00. C. Approved Vouchers for the month of September, 1992. De Approved Minutes of September 22, 1992, Special Meeting; and September 28, 1992, Work Session. MINUTES City Commission, Sanford, Florida Regular Meeting 425 October 12, 19 92_ Information regarding lump sum contracts. The Commission acknowledged eight (8) lump sum contracts invoices approved for payment totalling $471,497.67. Expressway Authority Appointments. Commissioner Eckstein moved to endorse CALNO's recommendation to re-appoint Mayor Smith and appoint Commissioner Cindy Kaehler to the Seminole County Expressway Authority, for another two year term. 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 Amtrak/Auto Train. Mayor Smith reported that she, City Manager Bill Simmons, Dave Farr, Executive Director, Chamber of Commerce, and Kevin Grace, Assistant Administrator, Seminole County, traveled to Washington D,C. to meet with Graham Claytor, President, Auto Train, and that Mr. Claytor assured everyone that they have no intention of moving Auto Train from Sanford. Also, they had the opportunity to be involved in Amtrak/Auto Train's long range planning, and that she was extremely encouraged and optimistic after said meeting. City Manager reported that Auto Train representatives were not aware that the expressway is under construction, that it will provide access from the City of Sanford into the greater Orlando area, and that there is an access point 1 1/2 miles from the existing Amtrak/Auto Train terminal. Request from Concerned Organized Men In Action ("COMA"). City Attorney reported that he was not prepared to make a recommendation relative to COMA's letter dated October 10, 1992, requesting City assistance regarding the situation at Wade's Grocery Store on East Seventh Street. He requested additional time to meet with Staff and Bernard Mitchell, COMA, to obtain and review further information, to determine whether the Commission has the authority to close a business, and if so, under what conditions/circumstances. The Commission concurred. Police Chief Steve Harriett reported that within the last two months, Sanford Police Officers have made 530 visits to the area, 85% of which were officer initiated, 10% by virtue of citizen complaints, and 5% were based on calls received from the establishment. Further, within the last year, approximately 100 arreSts, ranging from possession of narcotics, disorderly conduct, and battery were made in the area. Tree Removal. City Manager reported that at the southwest corner of the same intersection where Wades Grocery Store is located, there is a tree in the right-of-way, which has created a site distance problem for traffic, and that the Public Works Department will remove said tree, if there are no objections from the Commission. The Commission concurred with removal. 426 MINUTES City Commission, Sanford, Florida Regular Meeting October 12, 1992 Head Start Program, as discussed at tonight's Work Session. Commissioner Thomas moved to authorize Staff to proceed to seek designation of the City as grantee of the Head Start Program, with 4C as "delegate agency", to administer entire program. Also, to finalize agreement with 4C prior to acceptance of grantee position. 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 Athletic Officiating Contract with Sanford Officiating Service, as discussed at tonight's Work Session. Commissioner McClanahan moved to award Athletic Officiating Contract to Sanford Officiating Service, for umpiring and scorekeeping on an on-call basis, for FY 92/93, at rates as outlined in memo dated October 6, 1992, from Director of Recreation & Parks,. 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 Francis Schembri, Manager, K-Mart, for waiver of Land Development Regulations, for tent permit, to temporarily house Home and Garden Shop in K-Mart's front parking lot, until completion of expansion project, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner McClanahan moved, in support of Sanford business, to waive said Land Development Regulations, and to authorize the tent permit for a period of five (5) months as requested. the vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Seminole County School Board Property Across From Sanford Middle School. On recommendation of City Manager, Commissioner Eckstein moved to authorize Staff to request the School Board to extend Rick Hardwick's contract, for said property, for at least two weeks, to allow City Staff and School Board representatives to work out details in order to facilitate the City possibly acquiring Mr. Hardwick's contract by assignment. 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 Attest: ~ City Clerk