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100995-Regular MeetingF_.405354 MINUTES City Commission, Sanford, Florida rPglll ar Meeting October 1995 Monday, October 9, 1995, at 7:00 o'clock P.M. in the City Commission Room, The City Commission of the City of Sanford, Florida, met in Regular Meeting on City Hall, Sanford, Florida. Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons Deputy City Clerk Linda L. Brace Present: Absent: City Clerk Janet R. Dougherty The Chairman called the meeting to order. Public Hearing to consider ~ro~osed changes to the Zoning Ordinance/Land Development Regulations, Schedule J, Landscape, Buffer andTreeRequirement, Section 3.2 regarding=hain link fence and barbed wire fence. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed changes. No one appeared. Ordinance No. 3275 was read by title, as follows: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CHANGING AND AMENDING SCHEDULE J, LANDSCAPE, BUFFER AND TREE REQUIREMENTS, SECTION 3.2 E, OF THE ZONING ORDINANCE/LAND DEVELOPMENT REGULATIONS PERTAINING TO FENCES; PROVIDING FOR SEVERABILITY, CONFLICTS, INCLUSION INTO THE SANFORD LAND DEVELOPMENT REGULATIONS AND EFFECTIVE DATE. City Manager Simmons reported that the Planning and Zoning Commission recommends that the Zoning Ordinance/Land Development Regulations relative chain link fences in front yards be left as is, and what is before the City Commission tonight are proposed changes in accordance with discussions by the Commission. City Attorney Colbert reported that this ordinance, which went to the Planning and Zoning Commission for comments/recommendations, contains the changes as discussed by the City Commission, and that the Planning and Zoning Commission recommends no changes. Commissioner Howell moved to table this item for further discussion at the October 23, 1995 Work Session. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Nay Public Hearing to consider second reading and adoption of Ordinance No. 3271, as advertised in the Sanford Herald on September 28, 1995. 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. introduced and placed on first reading at meeting of September 25, 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. 3271. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3271. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: E405354 MINUTES City Commission, Sanford, Florida reQuhr l eet].nQ QctQber 9, Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3272, as advertised in the Sanford Herald on October 3, 1995. 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. introduced and placed on first reading at meeting of September 25, 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. 3272. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3272. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3273, in the Sanford Herald on September 28, 1995. Ordinance No. 3273, entitled: as advertised 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. introduced and placed on first reading at meeting of September 25, 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 fav0~ of, or in opposition to, the adoption of Ordinance No. 3273. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3273. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye COmmissioner Howell Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3274., as advertised in the Sanford Herald on September 28, 1995. Ordinance No. 3274, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3270, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATIONAND 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. E405354 MINUTES CitY Commission, Sanford,' Florida regular 4eeting October 7 95 introduced and placed on first reading at meeting of September 25, 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. 3274. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3274. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye 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 and 28, and September 11 and 25, 1995. The City Attorney reported receipt of a fax from the attorney for Seminole County indicating that the County's position is still that it will not exercise jurisdiction, that in their opinion Woodson Avenue is a City street, and that he would like to review this matter further and provide a recommendation at the next meeting. On recommendation of the City Attorney, Commissioner Howell moved to table this item until October 23, 1995. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from Joe Dalli, Hawaiian Shaved Ice, 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. (denied September 25, 1995.) The City Manager reported that the requestor has put forth a proposal that if the Commission cannot grant a waiver of the two-hour moving requirement, that he be permitted to move the cart back and forth between WalMart and Publix, which would satisfy the moving requirement, with a waiver of the 1000 foot distance requirement, and that he believes this to be a reasonable compromise. Commissioner Howell moved to grant a waiver of the two-hour moving requirement for a peddler's license to allow Joe Dalli, Hawaiian Shaved Ice, to have a cart selling shaved ice in front of WalMart, as requested. Seconded by Commissioner Eckstein. Mr. Dalli appeared and reported that he is familiar with the ordinance, that he should not be considered a peddler because the cart would be off the street, that his business is clean and meets all the standards as required by WalMart, that it would be a hardship to move every two hours, but he would be willing to do so if necessary, and that the ice cream store in the plaza has no objection to his business. The Chairman called for the vote of the Commission on the foregoing motion to waive the two-hour moving requirement for a peddler's license for a shaved ice cart in front of WalMart. Said motion passed by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Nay 8 E405354 MINUTES City Commission, Sanford, Florida rsou!sr Meetifl~ October 9, 19 Petition for AnnexatiOn {water service) for a Dortion of property lying between Lemon Street and Wylly Avenue and between Grandview Avenue and Poinsetta Avenue (2655 Grandview Avenue). On recommendation of the City Manager, Commissioner Thomas moved to approve water service, with applicant to pay all costs associated with same, and to record the Annexation Petition. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from Martin Luther King, Jr. Committee for free use of the Civic Center for Martin Luther King Celebrations on January 13 and 14, 1996. On recommendation of the City Manager, Commissioner Howell moved to authoriZe one day of free use, and one day at the reduced rate. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from APR Events GrouD and Greater Sanford Chamber of Commerce for sale of alcoholic beverages and street closure in conjunction with Powerboat Racing Special Event Application. On recommendation of the City Manager, Commissioner Thomas moved to authorize the sale of alcoholic beverages, with alcoholic beverage sale hours to be consistent with the City Code, and street closures 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 Con~lissioner Howell Aye Commissioner Lyons Aye Request from corrine VanBibber, for waiver of two-hour moving requirement for peddler's license, for flower stand at 2927 South Orlando Drive (Centre Mall). City Manager Simmons recommended that this not be considered a peddler's license because the requestor occupies a storefront in Centre Mall, and that Ms. Van Bibber seek site plan approval through the Planning and Zoning Commission. Commissioner Thomas moved to refer this item to the Planning and Zoning Commission for site plan approval. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from Barbara Bauman for Right-Of-Wa~Use Agreement for fence in the Eleventh Street Right-Of-Way (1019 Magnolia Avenue). On recommendation of the City Manager, Commissioner Howell moved to approve said Right-Of-Way Use Agreement, and execution of same. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Co~nissioner Howell Aye Commissioner Lyons Aye E405354 MINUTES City Commission, Sanford,'Florida reoular eetino October 9, 9 1995 Amendment No. 44, to Agreement with Conklin, Porter & Holmes for sanitary sewage collection system infiltration/inflow assessment and engineering services. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of Amendment No. 44, to original Agreement dated December 17, 1983, for consulting engineering services for sanitary sewage collection system infiltration/inflow assessment in an amount not to exceed Seconded by Commissioner Thomas and carried by the vote of the Commission as $122,350.00. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from Greater Sanford Chamber of Commerce for sale of alcoholic beverages in conjunction with Special Event Application for Holiday Craft Show on November 4 and 5~ 1995, from 7:00 A.M. to 6:00 P.M. On recommendation of the City Manager, Commissioner Howell moved to approve the sale of alcoholic beverages, with alcoholic beverage sale hours to be consistent with the City Code. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Petition for Annexation of a ~ortion of property lying between East 26th Street and Lemon Street and between Grandview Avenue and Poinsetta Avenue (2601 Grandview Avenue, 2604 Poinsetta Avenue and 503 East 26th Street). On recommendation of the City Manager, Commissioner Howell moved to authorize the City Attorney to prepare the proper ordinance to annex said properties. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Status Re~ort regarding 708 Palmetto Avenue. City Manager Simmons reported receipt of a letter from the President of the Sanford Historic Trust, advising that she will let the City know, prior to October 9, 1995, of its decision whether or not it will continue pursuit of acquisition of the property; and that there has been no such communication to date. Commissioner Eckstein moved to table this item until October 23, 1995. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Condemnations: ae Status Re~ort/Reguests for Time Extensions. Status Report of all current and pending condemnations. or taken. No action required Be (1) Report %94-02, 818 West Third Street. Commissioner Lyons moved to deny the requested time extension. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: 10 E405354 MINUTES City Commission, Sanford, Florida regular Meeting October 19.95 Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Aye ;2) Report 994-08, 1608 West 13th Street. On recommendation of the City Manager, Commissioner Lyons moved to authorize a final 60 day time extension. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Letter Agreement with Conklin, Porter & Holmes for additional safety features and appurtenances to chemical metering pumDs. On recommendation of the City Manager, Commissioner Thomas moved to approve the Corrosion Control Program, and to authorize execution of the Letter of Agreement with Conklin, Porter & Holmes in amount of $3,663.20 for additional scope of services for corrosion control demonstration testing program. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Amendment No. 43, to Agreement with Conklin, Porter & Holmes regarding installation of reclaimed water line from Groveview Park to Seminole Conmmunity College. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of said Amendment No. 43, to original Agreement dated December 7, 1983 with Conklin, Porter & Holmes in amount of $8,500.00 for design surveys, $16,395.88 for engineering design, and $16,477.48 for construction administration services; totalling $41,373.36, for reclaimed water distribution main line from Groveview Addition Park to Seminole Community College. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Marina Motel Lease Assignment, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to approve said Marina Motel Lease Assignment. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Board appointments/re-apDointments/resignation. ae Sanford Museum Advisory 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 be re-appointed, and that Ms. Bales has served the maximum number of terms permitted and cannot be re- appointed. Commissioner Eckstein moved to re-appoint Dr. Vann Parker to the Sanford Museum Advisory Board. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Conm~issioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye E405354 MINUTES City Commission, Sanford, Florida regular MeetinQ October 11 1~5 Water~ront Master Plan Steering Committee. The Deputy City Clerk reported that John Williams has submitted his resignation from this Committee. The Commission acknowledged and accepted John Williams resignation, and asked that a thank you letter be sent to Mr. Williams. Consent Agenda. Request for payment of statement from Foley & Lardner for professional services in amount of $54.00. Tabulation of Bid 994/95-60, Restrooms for Westside Boys/Girls Club (Recreation & Parks Department). City Manager recommended acceptance of the only bid, which met specifications, from Shoemaker Construction in amount of $26,890.00, retaining a performance/payment bond, with additional funds in amount of $ 9,390.00, to cover the shortfall, to come from City Manager's Contingency Fund. C. Approval of Vouchers for the month of September,. 1995. On motion of Commissioner Howell, seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Approved payment of statement in amount of $54.00. Accepted only bid, which met specifications, from Shoemaker Construction in amount of $26,890.00, retaining a performance/payment bond, with additional funds in amount of $ 9,390.00, to cover shortfall, to come from City Manager's Contingency Fund. C. Approved Vouchers for the month of September, 1995. Information, regarding invoices ~aid during the period for previously approved lump sum contracts. The Commission acknowledged one invoice in amount of $25,329.20. Resolution No. 1712. Commissioner Howell moved to adopt Resolution No. 1712, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, HONORING MARY WHITEHURST POSTHUMOUSLY FOR HER SERVICES TO THE CITY OF SANFORD, FLORIDA AND ITS CITIZENS. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Resolution No. 1713. On recommendation of the City Manager, Commissioner Howell moved to adopt Resolution No. 1713, subject to City Attorney's review of the contract. Said Resolution No. 1713, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE EXECUTION OF A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF THE WEST FIRST STREET, (S.r. 46), RIGHT OF WAY AND ROADWAY; PROVIDING FOR CONFLICTS, SEVERABILITY, 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 Howell Aye Commissioner Lyons Aye Right-Of-Way Use Agreement with LYNX for passenger protection shelters~ tabled at meeting of Septet_her 25, 1995, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of said Right-Of-Way Use Agreement. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye 12 development $50,000.0O. follows: MINUTES City Commission, San~rd, Florida reoular MeetinQ October 9, Economic Development Incentive/Assistance Grant, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to approve the first economic incentive/assistance matching grant to Conveyor System, Inc. in amount of Seconded by Commissioner Thomas and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye 19 95 Downtown Waterfront Community Redevelo~ment Agency, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to approve the concept of establishing a downtown CRA; said membership consisting of five (5) members, three (3) City and two (2) County appointed; said members to be residents and/or business owners operating within the incorporated limits of Sanford, and the reorganization of the existing Community Redevelopment Agency. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Audience Participation. Aye Aye Aye Aye Aye Leon Brooks appeared and discussed various requests, complaints and concerns, including: the lack of City Commission support relative school attendance zones; the City of Lake Mary infringing upon the City of Sanford, referring to Sanford areas a Lake Mary, and Lake Mary schools being advertised by developers; who is the Sanford Airport Authority, its members and where they reside; the noise from the Airport expansion will impact citizens; there is potential for the school board property becoming an eyesore, and the City should consider the possibility of an interlocal agreement with the Seminole County School regarding ssJRe. Mayor Smith asked Staff to provide Mr. Brooks with information relative the Airport Authority, including names of its members, addresses, meeting dates., etc. City Manager Simmons reported that pursuant to discussions with the County, the building will not be abandoned, and that there is a possibly that said facility will be used for storage. Billy Strickland, 2845 Central Drive, appeared and reported that he received a citation for parking two boats in his front yard, and questioned the necessity of the ordinance which prohibits recreational vehicles and boats in front yards, that there is no room in his back yard to store these boats, and storage facilities have a problem with theft. City Manager Simmons recommended that the City Commission take no action, and that Staff investigate and provide additional information and possible alternatives, for City Commission discussion at the next Work Session. In response to Mr. Strickland asking if the boats could remain in the front yard until the next meeting, the City Attorney reported that the City Commission cannot interfere with the enforcement and/or grant a stay of a code enforcement board action, that if Mr. Strickland is under order of the Code Enforcement Board to take action within two weeks he should do so. Further, Staff can review the rules and provide recommendations/alternatives. E405354 MINUTES City Commission, Sanford,'Florida regular Meeting October ~3 19 95 Corrine VanBibber appeared and asked what the outcOme was with respect to Item ~15. City Manager Simmons explained that site plan approval will be required by the Planning and Zoning Commission, and suggested that she meet with the Director of Planning and Development to fill out the appropriate paperwork. There being no further business, the meeting was adjourned. ' ~-AY O R Attest: Clerk