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072693-Regular Meeting MINUTES City Commission, Sanford, Florida aegu 1 ar Meet i ng 653 July 26 19 93 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, July 26, 1993, 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, Jr. Commissioner A. A. McClanahan Commissioner Lon K. 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 Dr. John F. Darby. On behalf of Dr. John F. Darby, Director of Personnel Tim McCauley accepted a plaque in recognition of Dr. Darby's years of service (1965 - 1993) on the Civil Service Board. Commissioner McClanahan moved to adopt Resolution No. 1663, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, THANKING AND COMMENDING DR. JOHN F. DARBY FOR HIS SERVICE TO THE CITY OF SANFORD, FLORIDA AND ITS CITIZENS. 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 Mayor Smith presented Mr. McCauley with a copy of Resolution No. 1663, and asked that he forward same to Dr. Darby. Public Hearing to consider Ordinance No. 3166, amendments to the Land Development Regulations regarding Mining (borrow pit) Requirements, Wellfield Protection, etc., as advertised in the Sanford Herald on July 19, 1993. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, Ordinance No. 3166. No one appeared Recommendation submitted from the Planning and Zoning Commission to adopt revisions as set forth in memo dated July 16, 1993, from Director of Planning and Development. 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 Ordinance No. 3166, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990, SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS OF SAID CITY SAID AMENDMENT MAKING MAJOR REVISIONS TO MINING REQUIREMENTS IN SCHEDULE B - PERMITTED USES AND SCHEDULE E - ADDITIONAL REQUIREMENTS FOR SPECIFIC USES AND MODIFICATIONS TO WELLFIELD PROTECTION REQUIREMENTS IN SCHEDULE M - ENVIRONMENTALLY SENSITIVE LANDS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Mayor Smith announced that the second public hearing would be held on August 9, 1993 at 7:00 o'clock P.M. in the City Commission Room. Public Hearing to consider second reading and adoption of Ordinance No. 3163, as advertised in the Sanford Herald on July 15~ 1993, Fred Peck~ Jr., applicant. Ordinance No. 3163, entitled: 654 MINUTES City Commission, Sanford, Florida Regular Meeting July 26 19 93 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,A CLOSING, VACATING, AND ABANDONING A PORTION OF THE 14 FOOT WIDE EAST-WEST UTILITY EASEMENT LYING ON THE NORTH SIDE OF THE PROPERTY AT 1506 MELLONVILLE AVENUE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of July 12, 1993, 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, the adoption of Ordinance No. 3163. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3163. 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 Public Hearing to consider second reading and adoption of Ordinance No. 3164, as advertised in the Sanford Herald on July 15, 1993. Ordinance No. 3164, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 28-24, 28025 AND 28-152.2 OF THE SANFORD CODE BY ESTABLISHING NEW WATER RATES AND SEWER RATES AND RECLAIMED WATER SYSTEM CONSUMPTION CHARGES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of July 12, 1993, 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, the adoption of Ordinance No. 3164. Paul Porter, Conklin, Porter & Holmes, 500 West Fulton Street, appeared and reported that the City has been mandated to eliminate discharges in Lake Monroe, which resulted in approximately 40 million dollars worth of improvement programs, that funding sources for said improvements include federal and state grants, state loans, impact fees bonded indebtedness, and system reserves, that several of these items need to be repaid from system revenues including primarily operating revenues from monthly water and sewer services charges and impact fees. Further, rate covenants require the City to establish rates necessary to pay off system operation and maintenance costs and debt service on bonded indebtedness, that projected revenues have not been reached, and a rate increase is necessary. Steve Dunn, Saffer, Vumbasco, Brown & Kerstena, appeared and reported that the utility rate system needs approximately 7.4 million dollars annually, that approximately 2.5 million dollars is related to the City's current debt service, and that given the existing water and sewer rates, the expected number of customers, and current consumption patterns, the City can expect to generate approximately 6 million dollars; thus leaving a shortfall of 1.4 million dollars. Further, water and sewer rates need to be adjusted to generate the 1.4 million dollar shortfall, which represents about a 23% increase in overall revenue requirements. John Pelatier, 804 Pine Ridge Road, appeared and asked when the rate study was done, whether the water system expense structure was looked at instead of just income and revenues, and if the City knew what kind of capital expenditures would be needed. City Manager reported that the rate study was performed over approximately the last three months, and briefly explained why and how said rate study was done. MINUTES 65s City Commission, Sanford, Florida Regular Meeting July 26 1993 Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3164. 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 3165, as advertised in the Sanford Herald on July 15, 1993. Ordinance No. 3165, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 18, SECTION 18-38 OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO REQUIRE PERMITS FOR "SPECIAL EVENTS"; PROVIDING A DEFINITION OF THE TERM "SPECIAL EVENT"; REQUIRING A PERMIT FOR ALL SPECIAL EVENT PERMITS; AUTHORIZING CITY COMMISSION TO GRANT OR DENY SPECIAL EVENT PERMITS; PROVIDING FOR PENALTY; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of July 12, 1993, 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, the adoption of Ordinance No. 3165. No one appeared. No. 3165. follows: 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 Mayor Smith Aye Commissioner ECkstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Thomas C. Green, Esq., to waive the requirement for off-street parking (Schedule G) and allow the parking spaces on First Street in front of the building at 613 East First Street to be used for the required on-site parking spacest as discussed at tonight's Work Session. Commissioner Howell moved to waive the off-street parking requirement. Seconded by Commissioner McClanahan. Thomas C. Green, applicant, appeared and requested approval to use wood chips for the driveway and parking spaces. He stated that a twelve (12) foot mulch driveway would not require the destruction of trees, that there are twenty (20) parking spaces in front of the building, that no one will use the parking area behind the structure because the entrance to the building is in the front, and that he would be willing to provide a paved area in front of the office. City Manager recommended that the driveway lane be paved including a concrete apron, with use of mulch for the parking spaces. Commissioner McClanahan moved to amend the motion to authorize a right-of-way use permit for said parking spaces on First Street, for one year. 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 Mr. Green reported that the right-of-way use permit is only good for one year, at which time the City Commission could require improvements, and that he would prefer to know 656 MINUTES City Commission, Sanford, Florida Regu 1 ar Meet i ng July 26 19 93 City Manager reported that he would be agreeable to a right-of-way use permit for one year, and a waiver of the paved driveway lane requirement, with a hard surface for handicapped aisle. Commissioner McClanahan moved to withdraw the foregoing motion to approve a right- of-way use permit for one year. 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 Commissioner McClanahan moved to approve use of mulch for parking spaces with bumper blocks to define said parking spaces, with a hard surface for handicapped aisle, and a right-of-way use permit for parking on First Street in front of the property for one year, subject to City Commission review at the end of said one year. 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 Requests for Special Event Permits, as discussed at tonight's Work Session. From Firemans Benefit Fund, Inc., for Firematics Competition & Awards Banquet, July 31, 1993, from 8:00 A.M. to 10:00 P.M., in the Civic Center and Chamber of Commerce parking lot [800 participants - 800 spectators). Request includes: Sale/dispensing of alcoholic beverages; and closure of Sanford Avenue between Seminole Boulevard and First Street, and Commercial Street between Palmetto Avenue and Sanford Avenue from 11:00 A.M. to 5:00 P.M. From S.H.D.W.A. for Super Saturday Night - Celery City Cruisers, July 31, 1993, from 6:00 P.M. to 11:00 P.M., in downtown Sanford [150 participants - 2,000 spectators]. Request includes closure of First Street between Oak Avenue and Sanford Avenue, and Park Avenue between Second Street and Commercial Street from 6:00 P.M. to 11:00 P.M. From Holiday Inn for Hot Water Tour (Jet Ski Races), August 8, 1993, from 10:00 A.M. to 4:00 P.M., in the area behind Holiday Inn [75-100 participants - 75-100 spectators - 75-100 vessels], as discussed at tonight's Work Session. From Just for Today Group - Narcotics Anonymous for Narcotics Anonymous Speaker Meeting, August 21, 1993, from 5:00 P.M. to 8:00 P.M., in Centennial Park [40 participants - zero spectators]. On recommendation of the City Manager, Commissioner Howell moved to approve Special Event Permits A, with two off-duty police officers, B, and D, above. 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 City Manager reported that the Special Event Permit for the Jet Ski Races that were held yesterday was approved contingent upon all activities, including parking, occurring on Holiday Inn property. Further, there were a number problems associated with the event, including 1) vendors set up tents off of Holiday Inn property, operated without occupational licenses, and violated the no competition clause, 2) parking outside of designated areas, and 3) participants not adhering to the posted "no wake" speed limits. City Manager recommended that, should the City Commission approve the requested Special Event Permit, said approval be contingent upon all activities remaining on Holiday Inn property east of Palmetto Avenue, with four (4) off-duty police officers; said officers to be on duty from 7:00 A.M. until 4:00 P.M. 657 MINUTES City Commission, Sanford, Florida Regular Meeting July 26 19 93 Bill Stone, promoter of watercraft racing at the HOliday Inn, 480 Eagle Brook Court, appeared and reported that this was the sixth event that they have conducted at this site, that the other events were done in the same manner, that he has been in the business for fifteen (15) years, and has never before encountered these types of problems. Further, he wants to adhere to the City's rules and regulations. Mr. Stone stated that two off-duty police officers starting at 7:00 A.M. would be sufficient. Further, no vendor sold merchandise on the premises; dealers only displayed their product and provided information. Police Chief Ralph Russell reported that two off-duty police officers would not be adequate; that four officers would be needed for traffic control. On recommendation of the City Manager, Commissioner Howell moved to approve the Special Event Permit for C, above, conditioned upon all activities occurring on Holiday Inn property east of Palmetto Avenue; four off-duty police officers from 7:00 A.M. to 4:00 P.M., with no vendors to compete with the Marina, and the City to be named as additional insured. 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 Robert C. Baxter dba Subs My Way, Restaurant at 2518 Park Drive (Beauty Boutique) Commissioner McClanahan moved to approve the Occupational'License 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 for Occupational License, for Open Air On recommendation of the City Manager, 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 Petition to Annex (water service only) a portion of Droperty between Sanford Avenue and Grandview Avenue and between Lemon Street and Wylly Avenue (2656 Grandview Avenue), George C. and Gy~sie F. Scott, owners. On recommendation of the City Manager, Commissioner McClanahan moved to authorize water service with applicant to pay all costs and fees associated with same, and to record Annexation Petition and annex property when annexable. Also, to approve time payment only for water meter set ($162.50) and the water line extension ($500.00) at 7% annual finance charge (estimated to be $662.50 = $59.08 per month for .12 months) with applicant to pay impact fee, deposit and application fee (total $872.50) up front. 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 Petition to Annex a portion of property between Narcissus AVenue and West First Street and between Riverview Avenue and Terwilliger Lane, JameS H. and Carolyn D. Pierson, owners. On recommendation of the City Manager, Commissioner Howell moved to authorize the City Attorney to prepare the proper ordinance to annex the property, as requested. Seconded by 658 MI, NUTES City Commission, Sanford, Florida Regular Meeting July 26 19 93 Board appointments/resignation. ae Board of Adjustment: City Clerk reported that the terms of Larry Blair and Joseph G. Hartwig expire September 2, 1993, that Mr. Blair is willing to service again, if re-appointed; Mr. Hartwig is not willing to serve again. The Commission took no action, and referred consideration of this item to the August 9, 1993, Regular Meeting. Civil Service Board: City Clerk reported that Dave Farr, employee-elected member, has resigned from the Civil Service Board, effective August 2, 1993, and that an employee election will be held to elect a replacement. The Commission acknowledged Mr. Farr's resignation from the Civil Service Board. Request to board up property at 708 Palmetto Avenue. On recommendation of the City Manager, Commissioner Howell moved to authorize Public Works to board up this property 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 FY 93/94 Proposed Budget. The Commission acknowledged the current rolled-back millage rate of 6.8647, for notification to the Property Appraiser. 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 approved a proposed Millage rate of 6.8759 for FY 93/94'. 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 approved a Tentative Budget for FY 93/94. Mayor Smith announced that the Tentative Budget Hearing for FY 93/94 will be held on September 13, 1993 at 7:00 o'clock P.M. in the City Commission Room. Change Order with H.C. Connell, Inc. regarding Site 10 Contract II, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to authorize Change Order in an amount not to exceed $803,000.00 to Contract IV with H.C. Connell, Inc., for additional work items as described in letter dated July 16, 1993, from Conklin, Porter Seconded by Commissioner Thomas and carried by the vote of the Commission as & Holmes. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Advance Purchase of Main Frame Computer. On recommendation of the City Manager, Commissioner Howell moved to authorize Staff to place the order, for delivery by September 30, 1993, for an IBM AS 400 Computer as described in memo dated July 16, 1993, from Director of Finance. 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 Regular Meeting 659 July 26 19 93 First reading of Ordinance No. 3167. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3167, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN THE ABANDONED SCL RAILROAD RIGHT-OF-WAY AND VIHLEN ROAD AND BETWEEN UPSALA ROAD AND OLD MONROE ROAD EXTENDED SOUTHERLY FROM SR1-AA, SINGLE FAMILY DWELLING RESIDENTIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Proposal for additional renovation of Vactor Truck. On recommendation of the City Manager, Commissioner McClanahan moved to approve additional work in amount of $13,848.19; total renovation cost $27,007.39, as described in memo dated July 16, 1993, from Utility Director. 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 Consent Agenda. Requests for payment of statements. (1) From Jammal & Associates for vacuum sewer collection system, Contract I ..................................................... $ 96.50 (2) From Universal Engineering for Site 10: (a) Hayfield Development and Irrigation System, Contract IV..$ 2,176.00 (b) Miscellaneous site work to complete ponds and roads ...... $ 475.00 (3) From Conklin, Porter & Holmes for Site 10, Contract II "Extra" Services re: Fountain termination and Change Order .... $11,452.59 Tabulation of Bid %92/93-45, Liquid Fluoride Feed System (Utility Department). City Manager recommended acceptance of lowest bid, which met specifications, from Florida Water Processing in amount of $17,050.40. C. Tabulation of Quotations for purchase of removed blowers and motors (Utility Department). City Manager recommended acceptance of highest quote, from Pat's Pump & Blower, Inc., in total amount of $1,500.00. 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: Information contracts. Approved payment of statements (1) through (3). Accepted lowest bid, which met specifications, from Florida Water Processing in amount of $17,050.40. Accepted highest quote from Pat's Pump & Blower, Inc., in amount of $1,500.00. regarding invoices paid during the period for previously ,approved lump sum The Commission acknowledged ten invoices totalling $35,654.59. MINUTES City Commission, Sanford, Florida . Regular Meeting Jul y 26 19 93 Request to declare Police K-9 surDlus, and to sell to his handler. On recommendation of the City Manager, Commissioner McClanahan moved that Police K-9 Jammer be retired, declared surplus, and sold to Officer Wixson for $1.00. 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 Additional Grant Offer, from US Environmental Protection Agency, for vacuum sewer work. On recommendation of the City Manager, Commissioner Howell moved to accept additional grant offer from US Environmental Protection Agency, in amount of $165,000.00; thereby increasing the City's grant to $2,573,164.00. of the Commission as follows: Seconded by Commissioner Thomas and carried by the vote Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Contract with Florida Environmental Management, Inc., for implementation of approved remedial action plan regarding Sanford Police Department Tank Leakage. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of said Contract with Florida Environmental Management, Inc. in an amount not to exceed $202,380.00; subject to review and approval of contract documents and conditions by City Attorney; funding to come from General Seconded by Commissioner McClanahan and carried by the vote of the Commission Fund Reserves. 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 in memo dated July 20, 1993, from Land Development Coordinator. or taken. July 15, 1993, as described No further action required There being no further action, the meeting was adjourned. Attest: ff City Clerk