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050994-Regular Meeting174 MINUTES City Commission, Sanford, Florida Regu 1 ar Meet i n g May 9 19 94 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, May 9, 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. Request to declare Police Service Weapon surplus and present same to Sgt. Franklin Pharis upon his retirement. On recommendation of the City Manager, Commissioner Thomas moved to declare Sig Sauer, Model P226, 9mm, Serial %U-377-877, City Inventory %4023 as surplus, and give to Sgt. Franklin "Gene" Pharis. 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 presented Sgt. Franklin "Gene" Pharis with his service weapon, and congratulated Sgt. Pharis on his many years of service with the Sanford Police Department. Continuation of public hearing to rezone portions of proDerty lyin~ between Fern Drive and Lake Mary Boulevardand between Sanford Avenue and First Street extendednortherly, from MR-1 and MR-2, Multiple-Family Residential, to GC-2, General Commercial. The Chairman announced that the Commission would hear from those persons to speak in favor of, or in opposition to, the rezoning. Director of Planning and Development Jay Marder reported that the Department of Community Affairs ("DCA") approval of the Comprehensive Plan Amendment is expected June 23, 1994. On recommendation of the City Manager, Commissioner McClanahan moved to table the public hearing to June 27, 1994, pending DCA's approval of the Comprehensive Plan Amendment. 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 No. 3208, as advertised in the Sanford Herald on April. 28, 1994. 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 PARKWAY AND BETWEEN INTERSTATE 4 AND RINEHART ROAD ZONED PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of April 25, 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. 3208. Joel Ivey, representative for the developer, ~appeared and reported that he was ~v~41~b]e to answer auestions. MINUTES City Commission, Sanford, Florida Regular Meeting 175 May 9 19 94 City Manager reported receipt of a letter dated May 4, 1994, from Harold Hartsock, Trustee, requesting City Commission approval/adoption of Ordinance Nos. 3208 and 3210, with effective dates of December 15, 1994. City Attorney reported that it is not illegal or improper to establish a different effective date such as December'15, 1994, however, by doing so, said ordinance automatically becomes effective on December 15, 1994, without further action of the Commission. Also, the applicant would not be able to withdraw the request. Mr. Ivey indicated that the applicant understands and agrees with this provision. Commissioner McClanahan moved to amend Ordinance No. 3208, to provide an effective date of December 15, 1994. Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Seconded by Commissioner Howell and carried by the vote of the Commissioner McClanahan moved to adopt Ordinance No. 3208, as amended. 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 Seconded Ordinance No. 3209, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3176, SECTION 17-31, PARAGRAPH (d), WHICH ESTABLISHES FINES FOR 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. introduced and placed on first reading at meeting of April 25, 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. 3209. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3209. 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 Settlement Offer from Florida Department of Environmental Protection ("DEP") regarding violations at Water Reclamation Facility (OGC File #94-1432). City Manager reported that the proposed Consent Order indicates that payment of the fine is to be made by Certified Check or Money Order, and that the Finance Director has contacted and received authorization from the DEP to make said payment by City check. On recommendation of the City Manager, Commissioner Howell moved to accept the settlement offer, to authorize execution of the Short Form Consent Order regarding same, and to authorize payment of $7,620.00 fine. 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 C~mmi~oner Howell Ave in the Sanford Herald on April 28, 1994. Public Hearing to consider second reading and adoption of Ordinance No. 3209, as advertised 176 MINUTES, City Commission, Sanford, Florida Regular Meeting May 9 19 94 Request from Emoryand Gladys Green, for waiver of City liens on property located at 901 East 9th Street. City Manager reported receipt of another request for waiver of City liens on an additional parcel of land, and recommended that both items be tabled, pending Staff review and comments/recommendations. On recommendation of the City Manager, Commissioner Howell moved to table consideration of both items, pending Staff review of additional request. 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 Emory Green appeared and requested that the City Commission consider the first request because he has a contract on the property. City Manager reported that the Commission previously waived City liens on the west 1/2 of the lot, for affordable housing, that Mr. and Mrs. Green are proposing to utilize this property for something other than affordable housing, a business, which will provide additional tax base and employment. On recommendation of the City Manager, Commissioner Eckstein moved to deny the request for waiver of City liens on the property located at 901 East 9th Street. Seconded by Commissioner McClanahan. Mr. Green asked if the City Commission would be willing to accept $5,000.00 for the second parcel of land. Mayor Smith suggested that Mr. and Mrs. Green meet with the City Manager to discuss their proposal regarding this property. Mayor Smith called for the vote of the Commission on the foregoing motion to deny the request for waiver of City liens on the property located at 901 East 9th Street. Said motion passed by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner McClanahan Aye Commissioner Howell Aye Request from Teen Challenge, for permission to park four (4) R.V.'s on-site (3706 Sanford Avenue), for a period not to exceed three (3) months. On recommendation of the City Manager, Commissioner McClanahan moved to approve said request, with requestor to provide details for suitable electric and water service, and provision for proper handling of gray water and Seconded by Commissioner Howell and carried by the vote of the Commission as wastewater. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Petition for Annexation of ~ortions of property lying between Rose Drive and Fern Drive and between Park Avenue extended southerly and PalmWay; Ellen S. Falk, Vincent P. and Holly M. Falk, owners. On recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance to annex the property, as requested. 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 Regular Meeting q77 May 9 1994 Petition for Annexation of a portion of property lying between Oak Avenue and Park Avenue and between West 28th Street and Laurel Drive~ William F. Jr. and Linda C. Fowler, owners. On recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney Seconded by to prepare the proper ordinance to annex the property, 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 Condemnations: Status Re~ort/Request for Time Extension. A. Status Report of all current and pending condemnations. B. Request for thirty (30) day extension regarding Condemnation Report 994-10, 2544 Park Avenue, Bank of Central Florida, owner. Title search has confirmed ownership; parties have been properly notified; the City could demolish the structure at any time upon authorization of the City Commission, with no further notice to the owner. The Commission acknowledged the Status Report, and on recommendation of the City Manager, Commissioner McClanahan moved to authorize Public Works to demolish the structure after May 28, 1994, with no further notice to the owner, unless prior to May 28, 1994, the owner submits plans that are complete and ready for City review to rehabilitate the building. Further, if the City demolishes said structure, the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the 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 Health Insurance Coverage for FY94/95, as discussed at tonight's Work Session. Commissioner Howell moved to table consideration of this item, and directed Staff to contact those companies that submitted a bid/proposal, and offer them an opportunity to make-a presentation to the Health Insurance Committee, if they so desire. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Workers' ComDensation Service Contract Renewal with Insurance Servicing and Adjusting Company (ISAC). On recommendation of the City Manager, Commissioner McClanahan moved to renew said contract with ISAC for a period of three (3) years, with the cost for FY 94/95 remaining at .15% of payroll (approximately $16,000.00), and .165% for FY 95/96 and FY 96/97. 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 Application for Transportation Enhancement Pro~ect - Lake Monroe River Walk, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to approve said Application for Transportation Enhancement Project, and to authorize Staff to submit same recognizing said application is subject to change and refinement. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida Regul ar Meeting May 9 19 94 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye First reading of Ordinance No. 3210. Commissioner Howell moved to amend Ordinance No. 3210, providing for an effective date of December 15, 1994. 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 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. 3210, 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 RINEHART ROAD AND BETWEEN TOWNE CENTER BOULEVARD AND RINEHART ROAD ZONED PD, PLANNED DEVELOPMENT PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was placed on first reading. First reading of Ordinance No. 3211. On recommendation of the City Attorney, Commissioner Thomas moved to table the first reading of Ordinance No. 3211 to May 23, 1994. 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 Board resignation/appointments. Historic Preservation Board: The City Clerk reported that Altermese Bentley has submitted her resignation from this board, and recommends that Mrs. Margaret Jones Frieson be appointed to replace her. Commissioner Howell moved to accept Altermese Bentley's resignation and to appoint Mrs. Margaret Jones Frieson to replace Ms. Bentley on the Historic Preservation Board. 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 B. Strategic Plan Review Committee: Commissioner Howell moved to appoint those individuals previously recommended and at the April 25, 1994 Meeting, to the Strategic' Plan Review Committee, as follows: Anthony People, Mother Bell Weaver, Don Miller, Loman Oliver, Phyllis Richardson, Jean Metts, Larry Vissor, Gary Earl or Tim Gianoni, Jonnie Vincent, Cheryl Maughan, Bob Ledford, Patricia Rowell, Irene Quintana, Commissioner Lon Howell, Steve Cooke, Reverend Bobby Player, Larry Strickler, Sheriff Donald Eslinger, Rick Tesh, Turner Clayton, D.C. McCoy, John Daniels, Thelma Mike, Louise Perkins, Shelda Wilder, Golden Rule, Center for Affordable Housing, Habitat for Humanity, Consumer Credit Representative, and Hispanic League of 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 Commissioner Howell Aye MINUTES City Commission, Sanford, Florida Regu 1 ar Meet i ng 179 May 9 19 94 Information from Planning and described in memo dated April 22,'1994, from Land Develo~ment Coordinator. required or taken. Consent Agenda. A. Be Zoning Commission Meeting. of Thursday, April 21, 1994, as No further action Request for payment of statement from City Attorney for professional services for the month of April, 1994, in amount of $9,698.51. Approval of Vouchers for the Month of April, 1994. Approval of Minutes of April 11, 1994, 'Work Session; Minutes of April 11, 1994, Regular Meeting; Minutes of April 14, 1994, Special Meeting; Minutes of April 25, 1994, Work Session; and Minutes of April 25, 1994, Regular Meeting. 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: Authorized payment of City Attorney's' April, $9,698.52. Approved Vouchers for the Month of April, 1994. 1994 Statement in amount of Approved Minutes of April 11, 1994, Work Session; Minutes of April 11, 1994, Regular Meeting; Minutes of April 14, 1994, Special Meeting; Minutes of April 25, 1994, WOrk Session; and Minutes of April 25, 1994, Regular Meeting. Information regarding invoices paid during the period for previously aPProved lump sum contracts. The Commission acknowledged four (4) invoices totalling $36,212.76. Adoption of Resolution No. 1684. entitled: Commissioner Thomas moved to adopt Resolution No. 1684, A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, OPPOSING CASINO GAMBLING WITHIN THE LAND AREA, WATERWAYS OR DOCKS OF THE CITIES AND COUNTIES IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. 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 Nay Commissioner Eckstein reported that CALNO will be considering casino gambling at its next meeting, and that he will vote against allowing such activity in Seminole County. Bid 993/94-36, Lake Mary Boulevard Phase II - Utility Relocation (Utility Department), as discussed at tonight's Work Session. City Manager reported that approval of this bid abrogates the Interlocal Agreement with Seminole County. On recommendation of the City Manager, Commissioner Thomas moved to accept the lowest bid, which met specification, from Speegle Construction in base amount of $329,126.00, with the understanding that said approval abrogates the Interlocal Agreement with Seminole County. 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 ' 180 MINUTES City Commission, Sanford, Florida Regu 1 ar Meet i n§ May 9 19 94 Interlocal Agreement with Seminole County regarding CDBG Program. Director of Community Development Charles ROwe reported that the City has until May 20, 1994, to advise Seminole County whether or not the City wishes a three year commitment for CDBG funding, and recommended that the Commission authorize Staff to write a letter to HUD asking for clarification as to whether Seminole County could fund the City for three years as opposed to the current annual commitment, and to take HUD's response to Seminole County and request three year funding. On recommendation of the City Manager, Commissioner Thomas moved to authorize Staff to send a letter to HUD, as stated above. 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 There being no further business, the meeting was, adjourned.-__ ~A~OR Attest: ~ City Clerk