102692-Work SessionMINUTES
City Commission, Sanford, Florida
Work Session
427
October 26,
19 92
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The City Commission of the City of Sanford, Florida met in Work Session on Monday,
October 26, 1992 at 5:00 o'clock P.M. in the City Manager's Conference 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
Assistant City Attorney Donna L. McIntosh
City Manager William A. Simmons
City Clerk Janet R. Donahoe
Absent: City Attorney William L. Colbert
The Chairman called the meeting to order.
Sign Contest.
On recommendation of the Scenic Improvement Board, the Commission selected Entry
%1, as submitted- by William Swanner, and authoriZed Staff to advertise for bids for
construction of signs. Also, Staff to research and submit location alternatives for two of
the four signs, for City Commission consideration.
The Leather Specialty Company d/b/a Howe Industries v. City of Sanford.
Assistant City Attorney reported that The Leather Specialty Company d/b/a Howe
Industries filed a lawsuit against the City of Sanford for damages in amount of $9,000, for
improper abandonment of a utility, and that Mike Roper, Insurance Defense Counsel, recommends
acceptance of settlement offer in amount of $6,500.00, with no admission of liability.
The consensus of the Commission was to accept settlement offer as presented, and
referred this item to tonight's Regular Meeting for City Commission action.
Small Scale Comprehensive Plan Amendments.
After discussion, the Commission directed Staff to obtain comparables from other
Cities, determine the City's actual costs, and report back to the Commission.
Dance Hall at 420 Sanford Avenue.
Assistant City Attorney reviewed possible restrictions/alternatives as follows::
1) regulate hours of operation, 2) make owner subject to all general, special and local laws
(Florida Statues/City Codes) regulating vendors of alcoholic beverages, and 3) make owner
accountable to Florida Statutes Section 562, which prohibits minors (under 18 years of age)
from patronizing, visiting or loitering at a dance hall, unless accompanied by a
parent/guardian. Also, all City Codes relating to loitering and prowling for the purpose of
engaging in drug related activities; disorderly maintenance of premises, and loud and
unnecessary noise are applicable.
City Manager recommended approval of the Dance Hall License, subject to the
following restrictions/conditions: 1) no alcoholic beverage to be consumed on premises, 2)
maximum occupancy of 51 people, including employees, 3) specific hours of operation to be
determined, and 5) owner shall be responsible for providing on-site security to ensure
loitering does not occur.
Assistant City Attorney reported that the Commission's decision regarding this
request cannot be arbitrary or capricious, and unless the Commission can foresee harm as a
result of granting said request, and steps cannot be taken to prevent such foreseen harms,
said Dance Hall License cannot be denied. Further, the comfort of citizens in their homes
is a major consideration for the courts, and that the City can set regulations i.e. hours
of operation to accommodate same.
428
MINUTES
City Commission, Sanford, Florida
Work Session
October 26, 1992
Commissioner Eckstein reported that applications for a Dance Hall License should
require Police Department and Fire Department sign-offs as with applications for Game Rooms.
Midway Canaan Water Association, Inc.
Assistant City Attorney reported that William Royster has agreed to act as Receiver
for Midway Canaan Water Association, Inc., and recommended that the Commission authorize
execution of the Agreement appointing Mr. Royster as same. The Commission referred this item
to tonight's Regular Meeting for City Commission consideration.
Liability Insurance Coverage.
After discussion, the consensus of the Commission was to change Liability Insurance
Coverage with Florida League of Cities to include a $25,000.00 deductible retroactive to
October 1, 1992.
Request from Holiday Inn, for Special Event Permit, for Sailboat Regatta on November 7 and
8, 1992, from 10:00 A.M. to 3:00 P.M. [15 - 20 participants - projected spectators 15 - 20].
Commissioner Howell reported that Holiday Inn is in arrears $57,000, that the
Agreement between the City and Holiday Inn requires that payments be current, and that he was
in favor of denying the Special Event Permit. Commissioner Howell requested that Staff/City
Attorney provide a Status Report regarding said arrearages at the November 9, 1992 Work
Session. The Commission concurred with said request.
(The Mayor recessed the meeting for approximately fifteen (15) minutes, and then reconvened
the meeting.)
County-Wide School Safety Busing Committee.
City Manager reported that City Attorney has prepared a resolution supporting the
establishment of a County-Wide School Safety Busing Committee, which will be available for
City Commission consideration at tonight's Regular Meeting.
Seminole County School Board Property across from Sanford Middle School.
City Manager reported that this afternoon, Rick Hardwick submitted a proposed offer
to assign his contract to the City, which will be analyzed by Staff/City Attorney, for
presentation at the November 9, 1992 Meeting. Further, the School Board needs to agree that
the City can guarantee payment with something other than a mortgage. Also, the proposed
contract provides for Real Vest as the exclusive listing agency for any or all of the parcel,
should the City wish to sell this property in the future. City Manager recommended that a
specified time limit be agreed-upon or such provision be eliminated all together.
Request from Willet Oldsmobile-Cadillac, Inc., for Tent Permit, for Special Auto Sales, from
October 22 through November 15, 1992.
City Manager recommended waiver of required 180 day requirement between successive
tent permits, and approval of tent permit as requested.
The consensus of the Commission was to approve tent permit as requested, and
referred this item to tonight's Regular Meeting for City Commission action.
Agreement with Sanford Gymnastics Association, for use of building/grounds at 601 East 25th
Place.
After discussion, and on recommendation of City Attorney and City Manager, the
consensus of the Commission was to authorize execution of Agreement with Gymnastics
Association in amount of $1,000 per month, for six (6) months. The Commission referred this
item to tonight's Regular Meeting for City Commission action.
MINUTES
City Commission, Sanford, Florida
Work Session
429
October 26,
1992
Request from Kay Bartholomew, SHDWA and Dave Farr, Chamber of Commerce, for Special Event
Permits regarding Annual St. Lucia Festival.
The consensus of the Commission was to approve Special Event Permits as requested.
Request to declare Police K-9 Yoscha retired (surplus), for authorization to sell Yoscha to
his handler for $1.00, and authorization to advertise for bids to replace K-9s Yoscha and
Jammer.
After discussion, the consensus of the Commission was to declare Yoscha retired
(surplus), to authorize Staff to sell Yoscha to Officer Ned Golden for $1.00, and to
authoriZe Staff to advertise for bids to replace Yoscha immediately, with replacement for
Jammer to be deferred until procurement and training of Yoscha's replacement. The Commission
referred this item to tonight's Regular Meeting for City Commission action.
Update regarding "Hurricane Andrew".
-City Manager reported that Governor Chiles has passed a third Executive Order,
which requires the City to continue providing full City pay to City employees on Military
Leave relative to "Hurricane Andrew".
United Way Drive.
City Manager reported that 88% of the City's $7,300.00 goal has been reached.
There being no further business, the meeting was adjourned.
Attest:
F City Clerk