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092595-Regular MeetingMINUTES 4O5354 City Commission, Sanford, Florida Regular Meeting September 25 ]9 95 mhe C%ty Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, September 25, 1995, at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Absent: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty Commissioner Lon K. Howell The Chairman called the meeting to order. Public Hearing to finalize and adoDtAnnual Budget and Capital Program, and adopt the millage rate for the Cit¥of Sanford, Florida, for Fiscal Year October 1, 1995 to September 30, 1996. The Chairman announced that the proposed millage rate of 6.8759 mills exceeds the rolled-back rate by 1.1147% and this is necessary for the City to provide continuing level of City services in the face of inflation and to meet new demands associated with new development. The Chairman announced that the Commission would hear from those persons present to speak regarding this item. No one appeared~ Resolution No. 1710 was read in full and Commissioner Lyons moved to adopt said resolution, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, DETERMINING THE AMOUNT AND FIXING THE RATE OF TAXATION AND MAKING THE ANNUAL TAX LEVY FOR THE FISCAL YEAR 1995-1996, FOR THE CITY OF SANFORD, FLORIDA. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Commissioner Lyons moved to adopt Resolution No. 1711, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, ADOPTING A BUDGET OF REVENUES AND EXPENDITURES FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996, AND CAPITAL BUDGET. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye ~ublic Hearing to consider second reading and adoption of Ordinance No. 3269, as advertised in the Sanford Herald on September 14, 1995. Ordinance No. 3269, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, MAKING APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of September 11, 1995, 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. 3269. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3269. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: E405354 MINUTES City Commission, Sanford, Florida Regular Neeting 711 September 25 19 95 Mayor Smith Aye C~missioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Public Hearing to consider second reading a-d adoption of Ordi-ance No. 3270, as advertise1 in the Sanford Herald on September 14, 1995. Ordinance No. 3270, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RESCINDING ORDINANCE NO. 3230, AND ADOPTING A CLASSIFICATION AND PAY PLAN EFFECTIVE OCTOBER 1, 1995; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of September 11, 1995, 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. 3270. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3270. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Commissioner Thomas moved to authorize the City Manager to approve the transfer of budgeted funds within departments, offices, or agencies during FY 96, as minor adjustments become necessary. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye (Mayor Smith recessed the City Commission Meeting at 7:07 P.M., and reconvened the Meeting at 7:10 P.M.) Continuation of public hearing to consider proposed changes and amendments to Ordinance No. 3166, Section 1, Schedule B, Transient Lodging and Entertainment, Alcoholic Beverage Sales and Consumption, Permitted Uses~ tabled at Meeting of September 11, 1995. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed changes and amendments. No one appeared. On motion of Commissioner Thomas, seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Ordinance No. 3272, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117, SCHEDULE A, LAND USE CLASSIFICATIONS, AND SCHEDULE B, PERMITTED USES, REGARDING ALCOHOLIC BEVERAGES, SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE AND INCLUSION. was introduced and placed on first reading. E405354 712 MINUTES City Commission, Sanford, Florida ReQ[llar Meetinq , September 25 19,95 Request from Jaxon Investments Limited ("JIL") for billboard to remain on City-owned right- of-way of Woodson Avenue, immediately south of 3841 South Orlando Drive until expiration of existing leases for billboard space; tabled at Meetings of August 14, 28, and September 11, 1995. The City Attorney reported that he is awaiting information from the attorney for Seminole County, and recommended that this item be tabled until the next meeting, and the Commission concurred. Rec/uest from New Tribes Mission to park two (2) recreational vehicles from on or about November 1, 1995 to May 31, 1996 at New Tribes Mission Headquarters. On recommendation of the City Manager, Commissioner Lyons moved to authorize the New Tribes Mission to park two (2) recreational vehicles from on or about November 1, 1995 to May 31, 1996 at the New Tribes Mission Headquarters as in the past. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Request from Kenneth Ray for Right-Of-Way Use Agreement for existing fence in the right-of- w~y of Coronado Concourse (308 West 24th Street). On recommendation of the City Manager, Commissioner Eckstein moved to authorize execution of the Right-Of-Way Use Agreement 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 Lyons Aye Request from Seminole County Historical Conm~_ission for waiver of S~ecial Event nicen~ing fec for Pioneer Days'n Ways Festival on October 7, and 8, 1995, and rec/~est to close the un-~e~ portion of the street between Bush Boulevard near the M~!seumand County H_ma_e Road, from 7:00 A.M. on Saturday until 6:00 P.M. on Sunday. On recommendation of the City Manager, Commissioner Thomas moved to waive the special event licensing fees, conditioned upon confirmation that no City services will be used in support of the festival; said approval will not be required each year, with the understand that the terms of said waiver will remain the same,, and to approve street closures as requested. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Request from Sanford Main Street for waiver of occupational license fee for Farmers Market. On recommendation of the City Manager, Commissioner Eckstein moved to waive the operator fee in amount of $150.00, with Main Street to pay normal participant vendor fee(s). Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Athletic Officiating Contract. On recommendation of the City Manager, Commissioner Thomas moved to approve the Athletic Officiating Contract with Denny Cobb Officiating Services. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye E405354 MINUTES City Commission, Sanford, Florida Re~u]ar ~4eetj.[1c1 September 25 7~anchise Agreement with Jennings RnviroD~ental Services for solid waste ro11-off/c~actox services. Commissioner Lyons reported that this is a conflict of interest as his wife works for this company, and that he will file a Conflict of Interest Form with the City Clerk's Office. On recommendation of the City Manager, Commissioner Thomas moved to extend the Franchise Agreement with Jennings Environmental Services for one (1) year under the existing terms, conditions and pricing as originally contracted. Seconded by Commissioner Eckstein and.carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Abstained Amendment No. 19 to Engineering Services Agreement with Conklin, Porter & Holmes for downtown/Pump Branch stormwater drainage improvements. On recommendation of the City Manager, Commissioner Lyons moved to authorize execution of Amendment No. 19, to original Engineering Services Agreement with Conklin, Porter & Holmes dated December 17, 1987, for downtown/Pump Branch stormwater drainage improvements Phase I - Engineering Analysis in estimated amount of $17,725.00. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Request from Joe Dalli, Hawaiian Shaved Icet for waiver of two-hour moving requirement for peddler~s license, for cart selling shaved ice in the WalMart Plaza Monday through Sunday, from 11:30 A.M. to 7:00 P.M, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to deny the request for a waiver of the two-hour moving requirement for a peddler's license. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner Lyons Aye Agreement with Bosek, Gibson and Associatest Inc., for architectural services re~arding City Hall Heating, Ventilation, Air Conditioning ("HVAC") re~airst as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to approve the Architectural Services Agreement with Bosek, Gibson and Associates in total lump sum not to exceed $48,750.00. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye- Commissioner Lyons Aye Contract with Ardaman & Associates~ Inc. regarding environmental testing of Art Lane Landfill. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of the Contract with Ardaman & Associates, Inc. in estimated amount of $25,241.00 for environmental testing of the Art Lane Landfill. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Ave m, 95 E405354 714 MINUTES City Commission, Sanford, Florida Regular Meeting September 2_5 19 95 Florida Department of Transportation Maintemmnce Agreement for West First Street/SR 46 from French Avenue to Oregon Avenue, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Lyons moved to accept the proposal and to authorize execution of the Maintenance Agreement in amount of $11,483.84. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye First reading, of Ordinance No. 3271. On motion of Commissioner Thomas, Commissioner Eckstein and carried by the vote of the Commission as follows: seconded by Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Ordinance No. 3271, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DELETING THE CITY CODE CHAPTER 3, ALCOHOLIC BEVERAGES, SECTION 3- THROUGH 3-23; ADOPTING A CITY CODE CHAPTER 3, PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3273. On motion of Commissioner Lyons, Commissioner Thomas and carried by the vote of the Commission as follows: seconded by Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Ordinance No. 3273, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO PROVIDE AN ECONOMIC DEVELOPMENT INCENTIVE PROGRAM; PROVIDING FOR APPLICATION PROCEDURES; AUTHORIZING THE CITY COMMISSION TO APPROVE COMMERCIAL/INDUSTRIAL DEVELOPMENT FOR PARTICIPATION IN THE ECONOMIC DEVELOPMENT INCENTIVE PROGRAM; DEFINING QUALIFIED COMMERCIAL/INDUSTRIAL DEVELOPMENT; DEFINING ANNUAL SALARY LEVELS FOR REQUIRED CREATED JOBS; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Agreement with Florida DeDartment of Environmental Protection regarding Florida Recreation Development Assistance Program Pro~ect Grant. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of said Agreement with the Florida Department of Environmental Protection for grant funding not to exceed $89,924.00 for public outdoor recreation project known as Derby Park, with the City to provide matching funds and/or in-kind services in amount of $29,915.00. carried by the vote of the Commission as follows- Seconded by Commissioner Eckstein and Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Recommendations from Cemeter~ Advisory Committee. On recommendation of the City Manager, Commissioner Eckstein moved to approve recommended price increases for cemetery spaces, revised cemetery rules and regulations, as described in memorandum dated September 11, 1995, from Grounds Maintenance Coordinator, including the discontinuation of collecting annual care fees, and that the City contract out the opening/closing of graves. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: E405354 MINUTES City Commission, Sanford, Florida ReQula eetin,q September 25 19 9.5 Mayor Smith Aye Commissioner Eckstein Aye Cnmmissioner Thomas Aye Commissioner Lyons Aye Recon~endations from Planning and Zoning Co__mm_ission Meeting of Sept-mher 7, 1995. #1: Commissioner Thomas moved to approve the Conditional Use Permit for alcoholic beverage sales (Class 3) for Red Lobster Restaurant located at 20 Towne Center Circle in a PD, Planned Development, Zoning District. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye 92: Commissioner Lyons moved to approve the Conditional Use Permit for alcoholic beverages sales (Class 3) for Olive Garden Italian Restaurant located at 10 Towne Center Circle in a PD, Planned Development, Zoning District. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye %3: Planning and Zoning Commission approved retention of existing regulations in Schedule J, Landscape, Buffer and Tree Requirements, Section 3.2.E. Barbed Wire, Cyclone and/or Chain Link Fences prohibited in front yards. (City Commission Public Hearing scheduled for October 9, 1995.) No action required or taken at this time. Board appointments~re-appointments~resignation, as discussed at tonight's Work Session. Sanford Museum Board: The Deputy City Clerk reported that the terms of Sylvia H. Stallworth, Dr. Vann Parker and Myra Bales expire November 4, 1995, that Dr. Parker has been contacted and is willing to serve again, if re-appointed, that Ms. Stallworth does not wish to serve again, and that Ms. Bales has served the maximum number of terms permitted, and cannot be re-appointed. The Commission took no action. Consent Agenda. A. Requests for payment of statements. (1) From Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick for professional services for the Month of August, 1995 ........ $ 394.58 (2) From City Attorney for professional services for the Month of August~995 .................................................... $3,395.00 B. Consideration of Tabulation of Bids, as discussed at tonight's Work Session. (1) Bid %94/95-61, Landscape Maintenance of Right-Of-Ways for Towne Center Mall (Recreation & Parks Department). City Manager recommended acceptance of lowest bid, which met specification, from Dora Landscaping in amount of $16,897.00. (2) Bid ~94/95-62, Landscape' Maintenance of Sanford Municipal Cemetery (Recreation & Parks Department). City Manager recommended rejection of all bids for annual Landscape Maintenance of Sanford Municipal Cemetery as all, with the exception of Bon Terre who failed to provide required bonding and was therefore rejected, exceeded the budgeted amount. C. Approval of Minutes of August 14, 1995, Regular Meeting. 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 Lyons Aye the Commission: A. Approved payments of statements for (1) and (2), above. B. (1) Accepted.lowest bid, which met specifications, from Dora Landscaping in amount of $16.897.00. E405354 716 MINUTES CiW Commission, Sanford, ~ofida Regular Meetinq Sevtem er 25 :2) Rejected all bids for annual Landscape Maintenance of sanford Municipal Cemetery, and authorized Staff to re-bid. C. Approval of Minutes of August 14, 1995, Regular Meeting. Information regarding invoices paid during the period for previously approved lump sum contracts. The Commission acknowledged two (2) invoices totalling $8,430.00. Right-Of-Way Use Agreement with LYNX for installation of customer amenities including transit shelters with trash receptacles or other mutually agreed to amenities. commissioner Thomas moved to authorize execution of the Right-Of-Way Use Agreement with Lynx, subject to City Attorney's comments. Seconded by Commissioner Lyons. City Manager Simmons reported that they are still discussing the indemnification language, and recommended this item be continued until October 9, 1995. The maker of the motion withdrew the motion. The Commission concurred to table this item until the October 9, 1995 Regular Meeting, pending agreed upon indemnification language. Request to purchase front end loader under the Federal GSA Contract. On recommendation of the City Manager, Commissioner Eckstein moved to authorize the purchase of a front end loader in amount of $127,580.00 under the existing Federal GSA Contract. Seconded by Commissioner Thomas and carried by the vote. of the commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Chamber of Commerce Over-Payment, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Eckstein moved to approve payment of one-half of the annual economic development funds to the Chamber of Commerce in the first week of October, 1995, and the remainder in December, 1995, with the understanding that the over-payment in amount of $4,462.50 will be resolved with the Chamber this week. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Bid %94/95-71, Civic Center Roof, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved specifications, from Rinkus in amount of $7,800.00. carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye First reading of Ordinance No. 3274. to accept the lowest bid, which met Seconded by Commissioner Eckstein and On motion of Commissioner Lyons, seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Ordinance No. 3274, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3270, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY TO AUTHORIZE ONE (1) ADDITIONAL "POLICE OFFICE" POSITION AND ONE (1) PART-TIME "CRIME ANALYST" POSITION TO THE POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. 19 95 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting 717 Septembe 25 19 9.5 Audience Participation. Johnell Jackson, 1308 West Seventh Street and 423 Rosecliff Circle, appeared and reported that he has filed allegations against the Sanford Police Department, with fifteen (15) co-signatures. Further, he is in receipt of a letter from the Department of Justice relative incidents that took place last year in which his civil rights were violated. Today, Ms. Campbell was told by Police Officer Whitmire that she could not receive a copy of her statement, however, the victim and witness received a copy of their statements. Further, Ms. Campbell approached him through the NAACP, for which he is an Executive Board Member, but has not been involved in that capacity relative this issue. Further, they are not questioning whether or not the officer was making a lawful arrest, but how the situation was handled, and recommended that this issue be placed on the next Work Session for further discussion. Mr. Jackson requested that the City Commission investigate other complaints brought forth by some of the residents. City Attorney William Colbert reported that if Mr. Jackson has data and/or a letter from the Department, he should submit same to the City Manager for distribution and review by the City Commission, in order that they might determine the next appropriate step. Gentlemen appeared and reported that he is Katina Campbell's uncle, that this is not a black or white thing, but a wrong thing, and that this situation needs to be looked into. The City Attorney invited Ms. Campbell, or anyone else who wanted to submit a statement or allegation on her behalf, to submit same directly to the City Manager's Office. Frank Joyce, Winter Springs, appeared and reported that he is against anything or anyone that would take away fishing on the lakefront from the people. There being no further business, the meeting was adjourned. Attest: ff City Clerk