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112392-Regular Meeting450 MINUTES City Commission, Sanford, Florida Pogular M~ting November 23, 1992 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, November 23, 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 Assistant City Attorney Donna L. McIntosh City Manager William A. Simmons City Clerk Janet R. Donahoe Absent: Commissioner Lon Howell City Attorney William L. Colbert The Chairman called the meeting to order. Public Hearing to consider an Appeal of the Denial of a Conditional Use for sale of beer and wine for consumption on premises, with a restaurant (Class 5 Registration) at 2544 Park Drive, in a GC-2, General Commercial, Zoning District ("Party Machine"), as advertised in the Sanford Herald on November 13, 1992. City Clerk reported that the property owner and agent were notified November 4, 1992, and the property was posted November 13, 1992, Assistant City Attorney reported that there was no formal action taken by the Planning and Zoning Commission, that the motion to approve the request for conditional use failed for lack of a majority, and although some may construe failure to approve as action, there were no findings of fact upon which that decision could be based, and that pursuant to a recent decision of the Fifth District Court of Appeals in the Schneider case, courts are requiring that quasi judicial bodies make final decision based on findings of fact. Assistant City Attorney recommended that the Commission refer this item back to the Planning and Zoning Commission for further action and/or for findings of fact to support the decision. On recommendation of Assistant City Attorney, Commissioner McClanahan moved to refer this item to the Planning and Zoning Commission for further action, and/or findings of fact to support the decision. 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 Public Hearing to consider rezoning a portion of property lying between Lake Mary Boulevard and North Way and between Sanford Avenue and SR 427, from RI-l, Restricted Industrial, to RMOI, Multiple-Family Residential, Office,Institutional, as advertised in the Sanford Herald on November 13, 1992. Recommendations submitted from Director of Planning and Development and Planning and Zoning Commission to approve request to rezone. City Manager reported that the if the request to rezone this property is approved, it will require the City to review and amend its Comprehensive Plan, which presently shows this area as industrial land use, and that the requested RMOI zoning is not considered to be compatible with said industrial land use. Also, said amendment will require Department of Community Affairs approval. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the rezoning. MINUTES City Commission, Sanford, Florida Ro. gular Mee't ing 451 November 23, 19 92 Roger Winstead, 4301 Melric Drive, Winter Park, appeared and reported that he agrees with Staff's analysis that the proposed changes to the Comprehensive Plan and the rezoning are consistent with the City's future land use goals and objectives. Further, at this time, there are no institutional zoning categories in the City, and that such use is a conditional use. Also, this is an appropriate use for this type of zoning. Jerry Nance, Executive Director, Teen Challenge, 133 Orange Ridge Drive, Longwood, appeared and reported that Teen Challenge is a Christian Discipleship School, and has 127 centers throughout the country. Further, this facility will provide jobs including cooks, maintenance workers, counselors. Also, neighbors will be accommodated i.e. privacy fences, appropriate buffering, etc. Further, in Teen Challenge's fourteen (14) year history in the State of Florida, there have never been any incidents where neighbors were burglarized or robbed. Further, this organization would be a benefit to the community. Ken Howe, Senior Minister, Orlando Church of God, 2200 South Orange Avenue, Orlando, appeared and reported that Teen Challenge has leased church facilities for the past thirteen (13) months, that said organization has been an asset to the area, and that he is in favor of the ministry work they provide. Hugh Palmer, representative for Steve Kracht, appeared and reported that this is an industrial property set aside for industrial purposes, that this spot is in the middle of industrial zoning, that it will affect the relocation plans of other businesses seeking to locate in the City of Sanford. Also, this rezoning would violate the City's Comprehensive Plan, and he. is opposed to said request to rezone. Sharon Quick, 3631 TCU Boulevard, Orlando, appeared and reported that she is a commercial industrial real estate broker, that she was the listing agent for this property as well as the property across the street (Cardinal Industries), and that she found at least two people excited about Teen Challenge being across the street, and saw real potential for a working relationship. Bryan Ellis, representative for Fred Stanton Smith, Keyes Seminole Industrial Park, appeared and reviewed a letter from Mr. Smith, which was previously sent to the Commission, outlining his objections to the requested rezoning. Mayor Smith and Commissioner Eckstein reported that they have received numerous pieces of mail regarding this item, which were introduced into the record. On recommendation of Planning and Zoning Commission, Director of Planning and Development and City Manager, Commissioner Thomas moved to authorize City Attorney to prepare the proper ordinance to rezone the property as advertised. 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 Welcome Sign Contest. Mayor Smith presented William Swanner, Appreciation for designing the best Welcome Sign, entrances, in recognition of youth accomplishments. of $100.00 savings bond for same. Contest Winner, with a Certificate of which will be placed at the four City Also, Mr. Swanner acknowledged receipt 452 MINUTES City Commission, Sanford, Florida Regular Meeting November 23, 19 92 Public Hearing to consider closing, vacating and abandoning a five (5) foot wide north-south utility easement on the easterly side of property located at 124 Qual Ridge Court, as advertised in the Sanford Herald on November 9, 1992. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the vacating. No one appeared. Recommendation submitted from Plans Review Committee to approve the request to vacate. Attorney to prepare the proper ordinance to vacate the easement as advertised. On recommendation of City Manager, Commissioner McClanahan moved to authorize City 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 Public Hearing to consider closing, vacating and abandoning a ten (10) foot wide north-south utility easement lying between Lake Mary Boulevard and North Way and between Sanford Avenue and SR 427 (Kemco Industrial Park), as advertised in the Sanford Herald on November 9, 1992. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the vacating. Dick Holsomback, 1065 East Coucho Drive, Deltona, representative for Steve Kracht, Kemco Industries, appeared and reported that Mr. Kracht is asking that the easement be vacated in order to build a manufacturing facility on this property. Further, letters have received from utility companies, and all have no objections to said vacating. vacate. Recommendation submitted from Plans Review Committee to approve the request to On recommendation of City Manager, Commissioner Eckstein moved to authorize City Attorney to prepare the proper ordinance to vacate the easement as advertised. 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 Request from T.B. Ball, III, for Agricultural Use of 12.7 acres of property zoned RI-l, located at Airport Boulevard and McCracken Road, as discussed at tonight's Work Session. Tom Ball, 683 Morning Dove Circle, Lake Mary, appeared and reported that he is not requesting that the property be rezoned, but rather commercial/agricultural use of the property to harvest hay, as the ten (10) acre parcel at the corner of Jewett Lane and Airport Boulevard and the sixteen (16) acre parcel on Bevier Road are similarly used; map depicting such properties submitted by Mr. Ball. On recommendation of City Manager, Commissioner Thomas moved to table this item until December 14, 1992 Regular Meeting, pending discussion with Mr. Ball and Seminole County to ascertain similarities, if any, between the three properties. 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 City Commission, Sanford, Florida Reqular Meetinq 453 November 23, 19 92 i Request from William K. Stokes, to close Sonny's Pool. Hall located at 501 Sanford Avenue, an discussed at tonight's Work Session. Mayor Smith reported that the situation has improved, and that the pOlice Department will continue to monitor the situation. The Commission took no action. Letter of Agreement with Sanford Airport Authority, for City fire and police services, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Thomas moved to authorize execution of said Letter of Agreement. 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 Requests for Special Event Permits. ae From Orlando Yacht Club, for Sailing Regatta at Marina Point and Civic Center, from December 4 through 6, 1992 [700 participants]. Includes request to close a portion of Sanford Avenue between south entrance to post office parking lot/northern Civic Center driveway and Commercial Street as shown on attached diagram on Saturday only, from 4:00 P.M. to Midnight, and use of Lake Carolla for radio controlled sailboat model competition. From Holiday Inn, for Jet Ski Race at the lakefront behind Holiday Inn on December 13, 1992, January 24, 1993, February 7 and 21, 1993, from 9:00 A.M. to 4:00 P.M. Ce From Park Avenue Antique Mall, for Antiques and Crafts Show and Sale at 1301 - 1307 Park Avenue Parking Lot on December 5 and 6, 1992 [16 Booths - approximately 200 spectators]. Includes request for use of two City trash barrels. On recommendation of City Manager, Commissioner Thomas moved to approve Special Event Permits for A, B, and C, with required rescue squad at promoter's expense for B, above; and requestor to provide own trash barrels for C. 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 Request from Better Living for Seniors, for free use of Civic Center, for "Caregivers Fair" on February 27, 1993. On recommendation of City Manager, Commissioner Thomas 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 Request to install sidewalk on 20th Street between Lake Avenue and Goldsboro Elementary School Crosswalk. On recommendation of City Manager, Commissioner McClanahan moved to authorize Public Works Department to install sidewalks, as described in memo dated November 3, 1992, from Public Works Director and Police Chief, in total estimated amount of $8,130.00, funding to come from Local Option Gas Tax and/or from Street Division's Sidewalk Construction Account's Budget FY 92/93. 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 MINUTES.- City Commission, Sanford, Florida 19 __ Welcome Center Directional Signage, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner McClanahan moved to authorize Staff to proceed with procurement and installation of eighteen (18) Welcome Center Directional Signs at locations as described in memo dated November 12, 1992; estimated cost $40.00 per sign; funding to come from Local Option Gas Tax. 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 FY 92/93 School Resource Officer Contract. On recommendation of City Manager, Commissioner Thomas moved to authorize execution of said School Resource Officer Contract in amount of $64,218.00, to be paid by Seminole County School Board; term of contract is from August 17, 1992 through June 11, 1993. 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 Custody Agreement with Key Trust Company, regarding Police and Fire Pension Funds. On recommendation of Finance Director, Commissioner McClanahan moved to table this item until December 14, 1992 Regular Meeting. of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Seconded by Commissioner Thomas and carried by the vote Aye Aye Aye Commissioner McClanahan Aye Agreement with Seminole County Tourist Development Council, regarding Soap Box Derby. On recommendation of City Manager, Commissioner Thomas moved to execute said Seminole County Tourist Development Council Agreement, for funding in amount of $7,500.00; term of Agreement to be from October 1, 1992 to September 30, 1993. 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 Land Acquisition for Stormwater Management in Mill Creek Drainage Basin, as discussed at tonight's Work Session. City Manager recommended that an additional provision of reasonable time payment to match receipts under the City's Stormwater Management Program be included in the offer. On recommendation of City Manager, Commissioner Thomas moved to authorize preparation of offer to buy 50+ acre parcel located north of Country Club Road, east of Old Lake Mary Road and west of Country Club Manor Subdivision; more specifically described in appraisal performed by Pardue, Heid, Church, Smith and Waller, Inc.; said offer to contain provisions as described in memo dated November 12, 1992, from City Manager, with additional condition for provision of reasonable time payment to match receipts under the City's Stormwater Management Program, and to authorize execution of said offer for delivery to property owner. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: MINUTES 4 5 5 City Commission, Sanford, Florida Regular Meeting November 23, 19 92_ Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Recommendations from Planningand Zoning Commission Meeting, Thursday, November 5, 1992, as described in memo dated November 11, 1992, from Land Development Coordinator. No further action required or taken at this time. Board appointments/re-appointments. ae Human Relations Advisory Board: City Clerk reported that the terms of Quinton C. Faison, Turner Clayton, Jr., Sylvester Wynn and Nicholas Casiello expire December 31, 1992, that Mr. Faison, Mr. Clayton, and Mr. Wynn would like to be considered for re-appointment; and that there has been no response from Mr. Casiello. Commissioner Thomas moved to re-appoint Quinton C. Faison, Turner Clayton, Jr., and Sylvester Wynn to the Human Relations Advisory Board. 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. A. Consideration of requests for payment of statements. (1) From Jammal and Associates, for Vacuum Sewer Collection System, Contract I ............................................ $ 96.50 (2) From Conklin, Porter & Holmes, for Water Reclamation Facility.$ 2,947.41 (3) From Universal Engineering Sciences, Inc., for soil testing: (a) Reclaimed Water Transmission Mains, Contract I ........... $ 70.00 (b) Sanford Ave Water Main Extension ......................... $ 214.00 (c) Water Reclamation Facility Expansion ..................... $ 546.00 (d) Clearing, Grading - Ponds and stormwater Management System, Site 10, Contract II ............................. $ 4,020.00 (e) Water ReuSe System Master Pump Station, Grove Irrigation System, ContractIII ..................................... $3,754.00 (f) Westerly Reclaimed Water Transmission System, Contract I.$ 288.00 (g) Westerly Reclaimed Water Transmission System, Contract I.$ 1,059.00 (h) Westerly - First Street Repair, Contract I ............... $ 75.00 (4) From Ardaman and Associates for testing services: (a) Groundwater Monitoring, Mayfair Golf Course .............. $ 668.00 (b) Groundwater Monitoring, Site 10 .......................... $1,690.00 B. Consideration of Tabulations of Bids. (1) Re-Bid %92/93-05, Commercial Roll-Off Service (Public Works Department). City Manager recommended award of franchise to proposer with lowest average price, which met specifications, Jennings Environmental Services, Inc., in average amount of $265.88 per month based on average typical customer. (2) Bid 992/93-06, Bacteriological Analysis (Utility Department). City Manager recommended acceptance of lowest bid, which met specifications, from Central Florida Water Lab, at $4.90 per sample; total cost to be determined by exact number of samples taken. (3) Bid %92/93-07, Newsletter (Recreation & Parks Department). City Manager recommended acceptance of lowest bid, which met specifications, from Printing Palace, in amount of $460.50. (4) Bid %92/93-08, Recreation Shirts (Recreation & Parks Department). City Manager recommended acceptance of lowest bid, which met specifications, from Thompson's Sporting Goods, in amount of $4,300.65. (5) Bid %92/93-09, Recreation Trophy (Recreation & Parks Department). City Manager recommended acceptance of lower bid, which met specifications, from United Trophy, in amount of $4,478.25. MINUTES City Commission, Sanford, Florida 19 C. Approval of Minutes of November 9, 1992, Work Session, and Minutes of November 9, 1992, Regular Meeting. On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: the Commission: A. B. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Approved payment of statements (1) through (3) (i) Awarded franchise to proposer with the lowest average price, which met specifications, Jennings Environmental Services, Inc., in average amount of $265.88 per month based on average typical customer. (2) Accepted lowest bid, which met specifications, from Central Florida Water Lab, at $4.90 per sample; total cost to be determined by exact number of samples taken. (3) Accepted lowest bid, which met specifications, from Printing Palace, in amount of $460.50. (4) Accepted lowest bid, which met specifications, from Thompson's Sporting Goods, in amount of $4,300.65. (5) Accepted lower bid, which met specifications, from United Trophy, in amount of $4,478.25. Approved Minutes of November 9, 1992, Work Session, and Minutes of November 9, 1992, Regular Meeting. Commissioner McClanahan moved to authorize a police officer be present at each polling place to assist voters. 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 Request from Florida League of Cities International Relations Committee, for the City to adopt a resolution/ordinance asking the legislature to expand the "Drug Free Zones" around all municipal facilities, from 200 feet to 1000 feet. The Commission directed Staff to review said request, and provide comments and recommendations. Acceptance of transfer of property for affordable housing apartment complex, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Eckstein moved to accept donated property, for conveyance to affordable housing apartment developer, contingent upon approval from the Department of Community Affairs, that acceptance and transfer is appropriate, and Staff's review of'Stage I Environmental Assessment Report, with favorable results. 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 Information regarding lump sum contracts. The Commission acknowledged six (6) lump sum contract invoices approved for payment totalling $270,127.48. December 8, 1992, Municipal Election, for Mayor and a Con~issioner, as discussed at tonight's Work Session. Commissioner McClanahan moved to appoint Commissioner Eckstein to serve on the Canvassing Board, to represent said board at the Logic and Accuracy Test at 3:30 P.M. on December 4, 1992, and to canvass the Absentee Ballots on the night of the Municipal Election. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida Regular Meetin9 457 November 23, 19 92 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Addendum to Recommendations from Planning Commission Meeting Thursday, November 5, 1992, az described in memo dated November 11, 1992 from Land Development Coordinator. City Manager reported that the Planning and Zoning Commission approved the Preliminary Plat for Indian Trace, an 84 unit Single-Family phase of a Planned Development, located at 2215 Oregon Avenue in a PD, Planned Development, District. Commissioner Eckstein moved to acknowledge said Preliminary Plat. Seconded by Commissioner Thomas and carried by the'vote of the Commission Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Sonny's Pool gall. Mrs. Gaines, 622 East Eight Street, appeared and reported she owns property behind and beside Sonny's Pool Hall, and that people hang around her property. Police Chief Steve Harriett reported that the Police Department will continue to monitor the situation. Georgetown Nei~kborhood. Ida Thompson, Eighth Street and Pine Avenue, appeared and reported she lives in a drug infested neighborhood, and requested the City's help to clean up the Georgetown neighborhood. There being no further business, the meeting was adjourned. Attest: f City Clerk as follows: