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112894-Regular MeetingMINUTES City Commission, Sanford, Florida Regular Meeting November 28 19 94 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, November 28, 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. Dougherty The Chairman called the meeting to order. Award of Financial Reporting Achievement. Mayor Smith presented Finance Director Carolyn Small with an Award of Financial Reporting Achievement for the Comprehensive Annual Financial Report for FY ended September 30, 1993. Public Hearing to consider second reading and adoption of Ordinance No. 3224, as advertised in the Sanford Herald on November 17 and 24, 1994. Ordinance No. 3224, 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 PAMALA COURT AND VIHLEN ROAD AND BETWEEN UPSALA ROAD AND OLD MONROE ROAD EXTENDED SOUTHERLY, 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 November 14, 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. 3224. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3224. 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 Continuation of Public Hearing to consider second reading and adoption of Ordinance No. 3231; tabled at October 10 and 24, 1994 Meetings, pending receipt of executeD Grant of Easement, as discussed at tonight's Work Session. Ordinance No. 3231, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF THAT CERTAIN 14 FOOT WIDE NORTH-SOUTH UTILITY EASEMENT LYING BETWEEN MELLONVILLE AVENUE AND WASHINGTON COURT AND BETWEEN EAST 24TH STREET AND EAST 25TH STREET/GENEVA AVENUE/SR 46; PROVIDING FOR SEVERABILITY, CONFLICTSAND EFFECTIVE DATE. 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. 3231. No one appeared. On recommendation of the City Manager, Commissioner McClanahan moved to authorize Staff to send a letter to the applicant, indicating that unless the required Grant of Easement is received prior to the December 12, 1994, Meeting, second reading and adoption of Ordinance No. 3231 will be tabled until January 9, 1995. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida Reqular Meeting 311 November 28 1994 M:~uz SmiLl~ A~': Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye AmeDmmemt No. 15, to Agreement with Conklint Porter & Holmes, for Water System Corrosion Control Modifications and "Full-Scale" Demonstration Test. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of Amendment No. 15, to original Agreement with Conklin, Porter and Holmes dated December 17, 1987, in amount of $46,584.00, for Water System Corrosion Control Modifications and "Full-Scale" Demonstration Test. 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 Tim McLaughlin, to encroach five (5) feet into utility easement, to install concrete slab at 180 Pinecrest Drive. On recommendation of the City Manager, Commissioner McClanahan moved to approve the encroachment for installation of a concrete slab, as requested. follows: Seconded by Commissioner Ho%~ll and carried by the vote of the Commission as Mayor Smith -Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Interlocal Agreement with Seminole Community College regarding dedication of conservation easement for wetlands mitigation and installation of reclaimed water pipelines. The City Manager reported that the City will provide a 32 acre conservation easement, in exchange for the College installing reclaimed water pipelines from Lake Mary Boulevard to the College to facilitate future reclaimed water irrigation, and for design and construction of additional City financed potable water pipelines to service Five Points during construction of a new access road. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of said Interlocal Agreement with Seminole Community College for dedication of a conservation easement for wetlands mitigation and installation of reclaimed water pipelines. 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 Land donation (Lot 3 of A.L. Sherman's Plat of Lots i and 2 of W.F. Leavitt's Subdivision) from Mason H. Wharton, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner McClanahan moved to accept donated property as offered by Mr. Wharton. 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 312 MINUTES City Commission, Sanford, Florida Regular Meeting November 28 19 94 Lease Extension and Modification Agreement with Boys and Girls Cl,,h of Central Florida for utilization of Westside Recreation Center. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of said Lease Extension and Modification Agreement with the Boys and Girls Club of Central Florida; the term of said lease to be twenty-five (25) years (October 1, 1994 through October 1, 2019), with the City to continue paying 75% of all utility costs through September 30, 1995; and the City shall contribute the sum of $500.00 per month beginning October 1, 1995, for support of Boys and Girls Club programs, and reimburse not to exceed $3,000.00 for installation of new gymnasium lights. 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 Mr. and Mrs. Scott Cardel, for stabilized parking area within the right-of-way of Wax Myrtle Drive at 104 Wax Myrtle Drive. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of a Right-Of-Way Use Agreement, for stabilized parking area within the right-of-way of Wax Myrtle Drive, as requested. 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 Request from Mr. and Mrs. Kelton D. Sweet, for installation of wood picket fence in the right-of-way of 23rd Street at 1204 Palmetto Avenue. The City Manager recommended approval of said Right-Of-Way Agreement, with the existing hedge to remain in its present location. Commissioner Howell moved to authOrize execution of a Right-Of-Way Use Agreement, for installation of a wood picket fence in the right-of-way of 23rd Street, with existing hedge to remain in its present location, 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 Request for public works to secure/board up condemned property/structure at 708 Palmetto Avenue, and mow high growth. The City Manager reported that a title search revealed there are eight (8) liens on this property, that the City Attorney recommends that this issue be revisited, and that Staff will provide information at a future Work Session. On recommendation of the City Manager, Commissioner Howell moved to authorize Public Works to board up the property at 708 Palmetto Avenue, and mow the high growth around said property. 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 First reading of Ordinance No. 3233. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida Regu I ar Meet ] nq 313 November 28 19 94 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3233, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3230, TO ESTABLISH ONE (1) ADDITIONAL "LICENSING oFFICIAL" POSITION PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Information from Planning and Zoning Cc~nission Meeting of Thursday, November 3, 1994, as described in memorandum dated November 4, 1994, from LandDevelopment Coordinator. No action required or taken. Board appointments/re-appointments: Code Enforcement Board. The City Clerk reported that there is one vacancy (alternate member) for term to expire December 31, 1997. Commissioner Thomas moved to appoint Henry Sweet, Jr. as an alternate to the Code Enforcement Board. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Consent Agenda. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Requests for payment of statements. (1) (2) From Universal Engineering for: (a) French Avenue Water Plant-Soil Testing .............. $ 140.00 (b) Lake Mary Boulevard Water Main Relocation ........... $ 342.00 (c) Hughey Avenue Water Main Extension .................. $ 216.00 From Muller, Mintz, Kornreich, Caldwell, Case¥, Crosland & Bramnick for professional services ............ $1,347.40 Bid for Bank Loan for City Equipment. Approval of Minutes of November 14, 1994, Work Session; and November 14, 1994, Regular Meeting. On motion of Commissioner Thomas, seconded by Commissioner M¢Clanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissione~ McClanahan Aye Commissioner Howell Aye the Commission: A. Authorized payment of statements (1) and (2), above. Accepted lowest bid from Southtrust Bank of Orlando for a 5.39 fixed interest rate loan, and authorized Staff to negotiate a loan with the second lowest bidder Barnett Bank, if deemed necessary, as described in memorandum dated November 24, 1994, from Finance Director. Ce Approved Minutes of November 14, 1994, Work Session and Minutes of November 14, 1994, Regular Meeting. Information regaraing invoices paid during the period for previously approved lump sum contracts. The Commission acknowledged thirteen (13) invoices totalling $279,159.68. MINUTES City Commission, Sanford, Florida Regular Meeting November 28 19 94 Request from Sanford Main Street, for street closures in conjunction with S~ecial Event "Light up Sanford/Ritz Celebration on December 10, 1994. On recommendation of the City Manager, Commissioner Howell moved to approve closing First Street from Park Avenue to Palmetto Avenue, and Second Street from 50' west of Magnolia Avenue to 50' east of Magnolia Avenue, and Magnolia Avenue from 50' south of the Ritz Theatre to Magnolia Square, as requested. 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 First reading of Ordinance No. 3234, as discussed at tonight's Work Session. 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. 3234, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3230, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY TO DELETE THE TWO (2) "OUTREACH WORKER" POSITIONS FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3237, as discussed at tonight's Work Session. 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 Ordinance No. 3237, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3215 WHICH CLOSED, VACATED AND ABANDONED A PORTION OF JEWETT LANE LYING BETWEEN RINEHART ROAD AND UPSALA ROAD, AMENDING SECTION 1 THEREOF TO CORRECT THE LEGAL DESCRIPTION THEREIN; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Seminole County Public Schools Safe Schools Afterschool Program Grant, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of said Agreement, for grant funding, for the City to continue and expand the basketball program at Sanford Middle School. 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 315 November 28 Request for street closures associated with Orlando Yacht Club's Regatta December 2, 3, 4, 1994, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas authorized street closures as requested, including Seminole Boulevard between San Juan Avenue and Sanford Avenue, if boats need to be seawall launched instead of Seconded by Commissioner Howell and carried by the vote of the Commission beach launched. as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Demolition of Montezuma Hotel, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner McClanahan moved to authorize Staff to obtain telephone bids and award contract in order to expedite removal of the hazard; not using City forces. 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 Audience Participation. Anthony People, 1917 West 14th Street, appeared and asked about the status of the Cloud Branch/Mill Creek drainage improvements. The City Manager reported that there was a delay in obtaining clear title for one of the parcels of land, and that he expects to award the contract for work on 8th Street in the middle of December, 1994. Reverend Rucker, First Shiloh Missionary Baptist Church, 700 Elm Avenue, appeared and expressed his concerns/objections to the City hiring a police officer who was dismissed by the Seminole County Sheriffs Department because of actions unbecoming an officer including communicating racial slurs about African-Americans, and distributing similar materials. Deputy Police Chief Dillard reported that the officer haS not been hired to date, that his application is being contemplated at this time. The Commission indicated that they share Reverend Rucker's concerns, however, the Commission cannot interfere with the hiring of police officers, and that Police Chief and Deputy Police Chief have the final say. City Attorney William Colbert reported that he would be happy to work with the City Manager and the Police Department, and provide comments/recommendations as appropriate, and that the City Commission is not in a position to give direction to the Police Chief this evening. Julia Lewis, 1801 Hawkins Avenue, reported that she shares the same concerns as Reverend Rucker, that another police officer indicated that this individual was hired, that if he comes into her neighborhood with the same attitude it will cause a blood bath, and requested that the City Commission recommend to the Police Chief that this individual not be hired. 1994 316 MINUTES City Commission, Sanford, Florida Regu i ar Meet i ng November 28 19 94 Edward Hamilton, Lake Monroe Terrace, Apartment 85, appeared and concurred with Reverend Rucker and Ms. Lewis. The Commission concurred that the City Attorney work with the City Manager and the Police Chief as appropriate. There being no further business, the meeting was adjourned. ~ -A/~-O - ~ Attest: ~ City Clerk '~/~/ ~/