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110992-Regular MeetingMINUTES City Commission, Sanford, Florida Regular Meeting 441 November 9, The City Commission of the City of Sanford, Florida met in Regular Meeting on November 9, 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. Recognition of Two City Employees. Mayor Smith reported that the City of Sanford received a Certificate of Achievement for Excellence in Financial Reporting, for the annual financial report for fiscal year ending September 30, 1991, and that Carolyn Small, Finance Director, received an Award of Financial Reporting Achievement for her efforts regarding said report. Mayor Smith reported that the Florida Planning and Zoning Association awarded Jay Marder, Director of Planning and Development, the George W. Simons, Jr. Memorial Award, for outstanding contributions to the profession of planning and zoning in the State of Florida. Request to operate a Dance Hall at 420 South Sanford Avenue, as discussed at tonight's Work Session. City Manager reported that Ronald Thompson, Love Track, has received and reviewed the proposed Operating Conditions Agreement for the requested Dance Hall at 420 South Sanford Avenue. Ronald Thompson, Love Track, appeared and reported that he agrees with the proposed operating terms/conditions, as a requirement for approval of the Dance Hall License. On recommendation of City Manager, Commissioner Thomas moved to approve the operation of a Dance Hall at 420 South Sanford Avenue, with conditions as set forth in the Operating Conditions Agreement. Said conditions are as follows: No alcoholic beverages will be sold, provided, or dispensed in the facility. It is further acknowledged that Sanford City Code prohibits "bottle clubs". Therefore, persons entering the establiskment will not be allowed to bring any alcoholic beverages into the establishment, in either open or unopen containers. It is recognized that the establishment is located immediately adjacent to residential use property. It is understood that with respect to music and noise emanating from the establishment, Sanford City Code Section 18-18 (a) and (b)(1) - (16), Attachment B hereto shall be strictly complied with by the operator. Operating hours for the establishment shall be limited to Friday and Saturday nights between the hours of 10:00 P.M. and 2:00 A.M. Because of fire regulations, maximum occupancy of the establishment shall not exceed 51 persons. Ail applicable fire safety requirements shall be complied with. In order to prevent the adverse impact of any loitering outside the establishment which might occur incident to its operation, the following actions will be taken: '1) A sign prohibiting loitering will be posted by the operator outside each door of the establishment. 2) A letter of authorization shall be executed by the operator of the establishment authorizing the Sanford Police Department to enforce loitering codes on the property of the establishment. 3) The operator agrees to call the police and support police action to disperse any loitering which occurs. 1992 442 .MINUTES City Commission, Sanford, Florida Reguiar Meeting November 9, 1992 It is understood that any instances of non-compliance with the above requirements may result in withdrawal of City Commission Dance Hall approval, following appropriate hearing. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Nay Request from Mrs. David Smith, to speak to the Co~mission regarding neighborhood disturbance caused by the False Alarm situatioR at First Shiloh Missionary Baptist Church. Connie Smith, 619 Laurel Avenue, appeared and reported that she and neighbors are concerned about the First Shiloh Missionary Baptist Church, that the Church's alarm has gone off continuously for the past six (6) months, which has made it impossible to Sleep. Also, on October 27, 1992, she left a message with Reverend Rucker's secretary, for him to contact her regarding this problem, that he did not return her call, and, therefore, she circulated a petition around the neighborhood. Mrs. Smith requested that the Commission resolve the situation in addition to imposing a fine. Reverend Rucker appeared and reported that the alarm system was installed in March of 1992, that the alarm problem has been narrowed down to the kindergarten area, and that he would be willing to do anything within reason to ease the neighbors, including disconnecting said monitor, but that he cannot afford to hire a night watchman or disconnect the entire system. Police Chief Steve Harriett appeared and reported that there have been five false alarm reports filed since October 1, 1992, that said alarms have gone off between the hours of 3:00 A.M. and 5:00 A.M., and that an invoice has been sent out regarding same. City Manager recommended that Reverend Rucker contact the company that installed the system, and ask that a technician check and adjust same. The Commission concurred. Lake Mary Boulevard/Sir Lawrence Drive Traffic Signal. On recommendation of City Manager, Commissioner McClanahan moved to authorize expenditure in amount of $20,750.00, plus an annual maintenance fee of $395.50, for installation of traffic signal, with funding to come from Local Option Gas Tax. 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 Outstanding Utility Taxes due from Sanford Ace Hardware, Inc., for propane sales, as discussed at tonight's Work Session. The Commission took no further action. Request from Lynn Stogner, Pine Crest Neighborhood Crime Watch, for improved street lighting in the Pine Crest Subdivision. On recommendation of City Manager, Commissioner Howell moved authorize improvement of street lighting as described'in memo dated October 26, 1992, from Public Works Director. 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 City Commission, Sanford, Florida Reqular Meeting 443 November 9, Florida Black Heritage Signs. On recommendation of City Manager, Commissioner Howell moved to authorize procurement and placement of Black Heritage Trail Signs at locations as recommended by Historic Preservation Board, and outlined in memo dated October 9, 1992, from Historic Preservation Board secretary, vote of the Commission as follows: Seconded by Commissioner Thomas and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Seminole County Courthouse, for Special Event Permit, for "Clerk's Office Garage Sale" at the City's Municipal Parking Lot on November 14, 1992, from 8:00 A.M. to 2:00 P.M. On recommendation of City Manager, Commissioner Thomas moved to deny the Special Event Permit, based on it being an inappropriate location (private use of public property). 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 Mr & Mrs. McBryde, to install a driveway to their private residence across City- owned railroad right-of-way. On recommendation of City Manager, Commissioner Howell moved to approve right-of-way Use Permit for an indefinite term, for installation of the requested driveway, with stipulations/conditions as described in memo dated October 30, 1992, from City Manager. follows: Seconded by Commissioner Thomas and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Land Transfer - Affordable Housing, as discussed at tonight's Work Session. City Manager reported that the City has been requested to accept a donation of land from a property owner, in order for the City to convey said land to Lake Monroe Associates, who would like to develop approximately 180 - 250 units of affordable housing. Further, there is concern whether the proposed procedure, with the City acting as a conduit for conveyance of this land instead of the property owner conveying same directly to the developer, is a real or possible subterfuge to the rules of scoring for affordable projects and their possible tax credits/benefits. Commissioner McClanahan moved to reject Ralph Schmidt's offer to donate land. 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 Nay Request to advertise for bids, for replacement lights/poles at Pinehurst and Ft. Mellon Softball Parks. On recommendation of City Manager, Commissioner Thomas moved to authorize staff to advertise for bids, to replace light/poles at Pinehurst and Ft. Mellon Softball Parks in estimated amount of $75,000.00; $35,000.00 to be fund from the Activity Contra Account, with balance from City reserves. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: 19 92 444 MINUTES City Commission, Sanford, Florida Regular Meeting November 9, 1992 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Proposed Street Paving Schedule. On recommendation of City Manager, Commissioner McClanahan moved to approve proposed street paving schedule, for reconditioning and/or resurfacing of City streets, including specifications for milling and overlay work in total estimated amount of $950,282.00, as described in memo dated October 2, 1992, from Public Works Director (Contract to be issued under Seminole County Contract ~A/R-258). 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 Condemnations. ae Ce Status Report of all current and pending condemnations. Request for time extension regarding Report ~90-8, 412 Cypress Avenue, K. S. Johnson, owner. City Manager recommended final 60 day extension. City Manager recommended approval for Public Works Department to demolish the structure at 517 Cypress Avenue, Condemnation Report 992-05, Lincoln Williams, owner. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Board appointments/re-appointments. No action required or taken. Authorized final 60 day extension. Authorized Public Works to demolish structure, as requested. Recommendations from Planning and Zoning Commission meeting of Thursday, October 15, 1992, as described in memo dated October 19, 1992, from Land Development Coordinator. Commissioner Howell moved to approve Final Plat for Sun Vista, a 14 lot Single-Family, zero lot line subdivision, located at 195 Sir Lawrence Drive in an MR-2, Multiple-Family Residential Dwelling District. Seconded by Commissioner McClanahan and carried by the vote of the Henry Shelton Sanford Memorial Library-Museum: The City Clerk reported that the term of Alfreda Wallace expired November 4, 1992, that Ms. Wallace has served the maximum number of terms allowed, and, therefore, cannot be re- appointed. Commissioner McClanahan moved to thank Alfreda Wallace for her service on the Henry Shelton Sanford Memorial Library-Museum, and to appoint Dr. Vann Parker to replace Ms. Wallace on said board. 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. B. C. by the vote of the Commission as follows: On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried MINUTES City CommisSion, Sanford, Florida Regular Meeting 445 November 9, 1992 Mayor Smith reported that the Commission appointed Sylvia Stallworth to the Henry Shelton Sanford Memorial Library-Museum at the October 26, 1992 Regular Meeting, subject to her acceptance of said appointment, and that she has agreed to serve. Consent Agenda. A. Requests for Payment of statements. (1) From Pardue, Heid, Church, Smith & Walker, Inc. for Appraisal of 50 acre vacant parcel Country Club Road/Old Lake Mary Road ................. , ........................... $ 3,800.00 (2) From Conklin, Porter & Holmes for Pump Branch - Culvert Inspection and Analysis ......... ........................... $ 558.94 (3) From Jammal & Associates for Vacuum Sewer Collection System, Contract I ............ ' ............................. $ 499.00 (4) From Ardaman & Associates, Inc., for Quarterly Groundwater Monitoring at Site 10 ...................................... $ 286.00 (5) From citY Attorney for Prof. Services for the Month of October, 1992 ........................................... $ 8,960.00 B. Approval of Vouchers for the Month of October, 1992. C. Approval of Minutes of October 26, 1992 Work Session and Minutes of October 26, 1992 Regular Meeting. Commissioner Thomas reported that page 436 of the October 26, 1992 Regular Meeting Minutes reflect Bernard Mitchell as having invited the Commission and audience to join in the fight against drugs, and that Albert Fryer was actually the individual who spoke. 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: A. B. C. Approved payment of statements (1) through (5). Approved vouchers for the month of October, 1992 Approved Minutes of October 26, 1992 WOrk Session and Minutes of October 26, 1992 Regular Meeting, with correction as stated above. Information regarding lump sum contracts. The Commission acknowledged eight (8) lump sum contract invoices approved for payment totalling $330,605.25 and one (1) credit invoice in~ amount of $5,194.81. Civil Service Board. Commissioner Howell reported that over 50% of City employees are black, that they do not have equal representation on the Civil Service Board, and requested that said board be expanded to include two black members, to be appointed by the City Commission. City Attorney reported that the Civil Service Board is comprised of five members, two of which are appointed by the Commission, two are elected by City employees, and that the fifth member is appointed by the other four members. Further, should the Commission determine that a purpose would be served by changing the composition of the board, such action could be done by ordinance. Further, the Commission would need to consider several issues such as the reason for expanding said board, and in what manner i.e. one or both members to be elected/appointed, and recommended that Staff and City Attorney's office determine possible options, for presentation at the next Work Session. The Commission concurred. MINUTES City Commission, Sanford, Florida Regular Meeting November 9, 1992 Request to board up property at 310 Magnolia Avenue, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner McClanahan moved to authorize Public Works to board up property at 310 Magnolia Avenue, as requested. 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 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Holiday Inn, for Special Event Permit, for Jet Ski Races on November 15, 1992. City Manager reported that the jet ski races would be held in front of the Holiday Inn, and would require an off-duty rescue crew and rental, with payment of same to be shared by promoter, Holiday Inn and the Chamber of Commerce. Commissioner McClanahan moved to approve Special Event Permit as requested. Seconded byCommissioner 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 There being no further business, the meeting was adjourned. / ( MA,~OR Rttest: Seminole County School Board Land Contract Assignment, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Thomas moved to authorizeStaff and City Attorney to prepare a counter proposal to assignment letter regarding earnest money deposit and reimbursement of out-of-pocket expenses, as discussed at tonight's Work Session, for the Mayor's signature and forwarding of same to Mr. Hardwick for consideration. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: