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042594-Regular MeetingMINUTES City Commission, Sanford, Florida Regular Meeting 165 April 25 1994 The City CommisSion of the City of Sanford, Florida, met in Regular Meeting on Monday, April 25, 1994, 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. Appreciation Plaque. Mayor Smith announced that she accepted, on behalf of the City and the Recreation and Parks Department, a plaque from the Paralyzed Veterans of America ("PVA") in appreciation for the City's contributions regarding PVA's 8th Annual U.S. Bass Tournament. Public Hearing to consider an Amendment to an approved PlannedDevelo~ment Pro~ect Plan for property zoned PD, Planned Develo~ment, and lyingbetweenSR46 and Rinehart Road and between Towne Center Boulevard and Rinehart Road, as advertised in the Sanford Herald on April 14, 1994. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the amendment to the planned development project plan. Recommendation submitted from the Planning and Zoning Commission to approve, with Director of Planning and Development's recommendations and conditions, as described in memorandum dated March 31, 1994. Bruce Anderson, Anderson and Associates, appeared and reported that he represents the Northgate PD, and concurs with Planning and Zoning Commission's and Staff's recommendations. On recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance to amend the project plan, as recommended by the Planning and Zoning Commission and Director of Planning and Development. 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 Public Hearing to consider an Amendment to an approved PlannedDevelo~ment Pro~ect Plan for proDerty zoned PD, Planned Development, and lying between SR 46 and St. Johns Parkway and between Interstate 4 and Rinehart Road, as advertised in the Sanford Herald on April 14, 1994. The Chairman announced that the Commission would hear from those persons present to speak in favor or, or in opposition to, the amendment to the project plan. Recommendation submitted from the Planning and Zoning Commission to approve, with Director of Planning and Development's recommendations and conditions, as described in memorandum dated March 31, 1994. Joel Ivey, Planning Engineer, 122 East Colonial Drive, Orlando, Florida, appeared and reported that he represents the Gateway Plaza Project, that the applicant consents and agrees with Planning and Zoning Commission recommendations/conditions, and that he was available to answer auestions. 166 MINUTES City Commission, Sanford, Florida Regu ] ar Meeting April 25 1994 On recommendation of the City Manager, Commissioner Howell moved to authorize the City Attorney to prepare the proper ordinance to amend the project plan, with conditions as recommended by the Planning and Zoning Commission and Director of Planning Development. 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 First reading of Ordinance No. 3208. On motion of Commissioner Thomas, 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 Ordinance No. 3208, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING AN APPROVED PLANNED DEVELOPMENT PROJECT PLAN OF SAID CITY; SAID AMENDMENTS CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SR 46 AND ST. JOHNS PARKWAYAND BETWEEN INTERSTATE 4 AND RINEHART ROAD ZONED PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Public Hearing to consider the settlement of Jana Luiz v. City of Sanford, Floridat et al, Case No. 92-1231-CA-11-K. The Chairman announced that the Commission would hear from those persons present to speak regarding this item. No one appeared. Commissioner McClanahan moved to approve the settlement offer. 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. 3205, as advertised in the Sanford Herald on April 14 and 21, 1994. Ordinance No. 3205, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN 'FERN DRIVE AND ROSE DRIVE AND BETWEEN PALM WAY AND SANFORD AVENUE, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of April 11, 1994, 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. 3205. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3205. 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 MINUTES City Commission, Sanford, Florida Re§u 1 ar Meet i n§ ~67 April 25 19 94 Public Hearing to consider second reading and adoption of Ordinance No. 3206, as advertised in the Sanford Herald on April 14 and 21, 1994. Ordinance No. 3206, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SR 46 AND ST. JOHNS PARKWAY AND BETWEEN TOWNE CENTER BOULEVARD AND RINEHART ROAD, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171. 044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of April 11, 1994, 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. 3206. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3206. 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. in the Sanford Herald on April 14, 1994. Ordinance No, '3207, entitled: 3207, as advertised AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3199 OF SAID CITY; SAID ORDINANCE BEING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN; TO AMENDTHE EFFECTIVE DATE OF SAID ORDINANCE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.insert introduced and placed on first reading at meeting of April 11, 1994, 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. 3207. No one appeared. Commissioner McClanahan moved on the second reading and adoption of said Ordinance No. 3207. 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 to allow a picket fence to remain in the right-of-way of 11th Street in front of 207 East 11th Street, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to deny the request to allow the fence to remain in the right-of-way. 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 168 MINUTES City Commission, Sanford, Florida Regular Meeting April 299 94 Request from Goldsboro Elementary School for reduced rate of Civic Center rental fees, for Golden Eagle Book Club Banquet on June 2, 1994. Commissioner McClanahan moved to approved reduced rate in amount of $135.00, which Mayor Smith and Commissioner McClanahan volunteered to personally pay. 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 Installation of a sidewalk on ~eorgia Avenue between 25th Street and S~m~nole ~gh School. On recommendation of the City Manager, Commissioner Eckstein moved to authorize Public Works to install a sidewalk on the east side of Georgia Avenue as described in memorandum dated April 11, 1994, from Public Works 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 Recommendations from Planning and. Zoning Commission Meeting of April 7, 1994 as described in memorandum dated April 8, 1994, from Land Development Coordinator. No further action required or taken. HOME, SHIP, CDBG Interlocal Agreement with Seminole County (RFP 174), as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to authorize Mayor Smith to execute said Interlocal Agreement, for funding in amount of $374,863.00. 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 Extension of Ardaman& Associates' Contract for continued Groundwater Monitoring at Mayfair Golf Course and at Site 10. On recommendation of the City Manager, Commissioner McClanahan moved to approve a one-year extension of said Contract with Ardaman & Associates, as described in memo dated April 5, 1994, from Utility Director; estimated costs include $4,800.00 (Mayfair Golf Course) and $9,920.00 (Site 10). 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 CSX Railroad Crossing Agreement for u~rading the French AvenueWater Booster facility near 13th Street. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of said CSX Railroad Crossing Agreement, and to authorize payment of the $750.00 license fee, from utility funds. 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 ! MINUTES City Commission, Sanford, Florida Reg u 1 ar Meet i n g '169 April 25 Contract with Universit~ of Florida Architecture Studio for waterfront and downtown design, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to approve said Contract with the University of Florida Architecture Studio. 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 First reading of Ordinance No. 3209. On motion of Commissioner McClanahan, 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 Ordinance No. 3209, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3176, SECTION 17-31, PARAGRAPH (d), WHICH ESTABLISHES FINES SFOR IMPROPER PARKING SHALL BE AMENDED TO INCLUDE FINES FOR MAKING AN ILLEGAL LEFT TURN IN THE BUSINESS DISTRICT INTO A PARKING SPACE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. was introduced and placed on first reading. Adoption of Resolution NO. 1682. Commissioner Howell moved to adopt Resolution No. 1682, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, DELCARING ITS INTENT TO SATISFY INSURANCE COVERAGE REQUIREMENTS OF MUTUAL AID AGREEMENTS BY SELF-INSURANCE, SELF INSURANCE POOLS, INSURANCE CONTRACTS OR BY ANY OTHER LEGAL PERMISSIBLE METHOD; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 Adoption of Resolution No. 1683. Commissioner McClanahan moved to adopt Resolution No. 1683, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, SUPPORTING THE ACQUISITIONAND RENOVATION OF THE WELAKABUILDING FOR PRIVATE AND PUBLIC USE; PROVIDING FOR AN EFFECTIVE DATE. 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 Consent Agenda. A. Requests for payment of statements. (1) Universal Engineering for Site 10, Contract II, soil/concrete testing ....................................... $ 486.00 (2) City Attorney for profession services in March, 1994 ........ $9,306.61 (3) Muller, Mintz, et al, for professional services in March, 1994 ................................................. $ 723.64 Commissioner Thomas moved to authorize payment of statements (1) through (3). Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: 19 94 170 MINUTES City Commission, SanfOrd, Florida Regu 1 ar Meet i ng April 25 19 94 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Inform._ation regarding invoices paid during the period for previously approved lump sum contracts. The Commission acknowledged three (3) invoices totalling $2,780.75. Annual Evaluation of Police Chief. Commissioner McClanahan moved to give Police Chief Ralph Russell an "Outstanding" evaluation rating, with the corresponding pay increase. 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 Seconded of $46,000.00 annually, for a period of three (3) years. 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 emergency water service: A) 181 West 28th Street~ William F. Jr. and Linda C. Fowler, owners; and B) 285 Rose Drive and 3502 Palmway; Ellen S. Falk, Vincent P. and Holly M. Falk, owners, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to authorize emergency water service for A and B, above, with applicants to pay all costs associated with same, and to record the annexation petitions, while continuing the annexation process. 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 Audience Participation. John Williams, 1116 Bay Avenue, Sanford, Florida 32771, appeared and inquired about Agenda Item No. 19, University of Florida Architecture Studio Project Contract, and whether Seminole Boulevard is to be closed as reported in the news media. Mayor Smith explained that no decision has been made to close Seminole Boulevard, that this project is still in the planning stages, and that the City will wait until there are more definitive plans before considering closing a portion of Seminole Boulevard. Joe Young, 1321 Shepherd Avenue, Goldsboro, Sanford, appeared and requested that "No Parking" signs be installed at the end of Shepherd Avenue near the ditch. City Manager reported that Staff will review the situation and install signs as appropriate. There being no further business, the meeting was adjourned. ~'A Y/O k Attest: / City Clerk Seconded by Commissioner Eckstein Renewal of Audit Contract with Coopers & Lybrand, as discussed at tonight's Work Session. Commissioner Thomas moved to approve said Audit Contract with Coopers & Lybrand, in amount