032596 ws/rm min.E405354
108
MINUTES
City Commission, Sanford, Florida
Work Session
March 25 19 96
March 25,
Sanford, Florida.
Present:
The City Commission of the City of Sanford, Florida, met in Work Session on Monday,
1996, at 4:30 o'clock P.M. in the City Manager's Conference Room, City Hall,
Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner Kerry D. Lyons
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: Commissioner Lon K. Howell
City Attorney William L. Colbert
The Chairman called the meeting to order.
Presentation by Herbert Cherry.
Mr. Cherry reported that the City has a sewer line running through his property,
has put in a road without his permission, that the property could be developed as iow income
housing, and that he would consider selling the three (3) acre parcel to the City for
$135,000.00.
The City Manager reported that the vitrified clay sewer line has been there for
sometime; that there is no record of an easement for it, or an easement associated with the
Cloud Branch stream; and the "road" is a stream maintenance road the City put in to be able
to maintain the stream. Further, according to the Tax Assessor's printout, the parcel is
split into two (2) sections which are entered as "low and muck", with a total gross value of
$2,000.00. Further, although this area has never been identified as a possible storm
drainage retention facility, he is open to the idea of same, however, major permitting would
be required, which is probably one of the reasons why this location has been avoided to date.
Further, it could be argued that the City has a prescriptive easement for the sewer line as
a result of it having been there for twenty-five (25) years. Further, some advantages to the
City acquiring this property, at a reasonable price, say $5,000.00, include flood use and
protection against future development of the property.
After discussion, the Commission concurred that Staff review and determine whether
the City has any use for this property, and report back to the Commission.
Presentation by Rick Walke regarding Solid Waste Division Operation as requested by
Commissioner Lyons.
Rick Walke, Solid Waste Superintendent, reported that the cost of providing four
free "special" pickups per year has increased since the program was initiated; that existing
solid waste equipment, which includes three bucket trucks and two rear end garbage packers,
is not adequate, and recommended that the four free "special" pickups be eliminated; that the
City adopt an alternate disposal program, for which copies of model ordinances have been
provided for review and consideration, and thgt the City procure a front end loader, and
routinely replace equipment.
After discussion, and on recommendation of the City Manager, the Commission
concurred that Staff prepare a two or three tier investment plan, including procurement of
necessary equipment, as well as other enhancements for the City to become more proactive, and
possible alternatives to the four (4) free "special" pickups per year, for City Commission
review and discussion.
E4053~4
MINUTES
City Commission,-Sanford,'Florida
Work Session
Airport Lease Agreement as requested by Commissioner Lyons.
Sanford Airport Authority ("Airport"), was present.
109
March 25
Steve Coover, Attorney, Orlando
After discussion, and on recommendation of the City Manager, the Commission
concurred that Airport and City Staff finalize the Lease Agreement with inclusion of
appropriate dates, legal description revisions, and no taxing authority language, as
requested by Commissioner Lyons, for City consideration after execution of said Lease
Agreement by the Airport.
Consultant Contract Amendment for Public Safety Complex.
After discussion, and on recommendation of the City Manager, the consensus of the
Commission was to approve the amendment to said consultant contract with Architects Design
Group, Inc. for a Planning study for the Public Safety Complex, with funding for said
services to come from the Engineering and Planning Department's budget. This item was
referred to tonight's Regular Meeting for City Commission consideration.
Amendment to Employee Educational Assistance Program.
After discussion, and on recommendation of the City Manager, the Commission
concurred to amend the Personnel Rules and Regulations relative the Employee Educational
Assistance Program as outlined in memorandum dated March 15, 19'96, from City Manager, and
referred this item to tonight's Regular Meeting for City Commission action.
Short-term economic business stimulation events.
Charles Rowe reviewed and discussed the objective, definition, permit application
criterion, advantages, and non-compliance penalties for the proposed short-term business
promotion events program.
The City Manager recommended that this program not be put into ordinance form; but
perhaps a policy statement or resolution.
The Commission concurred with the concept of the program/proposal, and that Staff
prepare the appropriate document, as recommended by the City Attorney, to implement same, for
City Commission consideration.
proposed ordinance to amend Section 28-43 of the Sanford Cit~Code regarding utilit~deposit
procedures and interest payments.
The City Manager reported that often utility deposits are not sufficient to cover
non-payment of utility bills, that it would be in the City's best interest to provide
interest payments on utility deposits, rather than returning said utility deposits after a
specified period of prompt payment of bills.
The consensus of the Commission was to amend Section 28-43 of the Sanford City Code
to provide for interest payments on utility deposits, and to place the proposed ordinance
establishing said provision on the April 8, 1996 Agenda, for first reading.
Board appointments/re-appointments.
The Commission discussed the appointment of Chris Neal, as suggested by Mayor
Smith, to the Cemetery Advisory Board, and asked the Director of Parks and Recreation to
review and determine whether this board is necessary, as requested by Commissioner Lyons.
Also, Commissioner Thomas suggested that Benny Alexander be appointed to the Nuisance
Abatement Board, and the Commission concurred to make all appointments, including
Commissioner Howell's previous nomination of Leigh Skat, at the same time.
19
96
110
E405354
MINUTES
City Commission, Sanford, Florida
Work Session
March 25
Regular Agenda Items and other items.
A. llth Annual Warren E. "Pete" Knowles Service Award. On recommendation of
Mayor Smith, the Commission concurred that Kay Bartholomew receive this award, and that she
be presented same at the April 22, 1996 Meeting, if possible.
B. Agenda Item %13: Request for waiver of the two thousand (2,000) foot distance
requirement between a bar selling alcoholic beverages for consumption on the premises (2421
Park Avenue) and a church.
City Manager Simmons reported that there are four (4) churches within 2,000 feet
of the proposed bar.
Commissioner Eckstein reported that the 25th Street location would not impact these
churches, and that he is in favor of granting the waiver.
C. Agenda Item #14: Request for street closures and/or sale and consumption of
alcoholic beverages in conjunction with Special Events. City Manager Simmons recommended
approval of A, B, C, and D, as requested.
D. Agenda Item 918: Resolution No. 1724t re: Dreamwold Special Assessment
District. The City Manager reported that the public hearing will be held on April 22, 1996;
not April 8, 1996, as indicated in the resolution.
E. Status Re~ort re: FOP Negotiations. The City Manager reported receipt of a
letter indicating that the attorneys are moving toward selecting a special master.
(The Chairman recessed the meeting for approximately 10 minutes, then reconvened the
meeting.)
F. Recommendation from Planning and Zoning Commission Meeting of March 21, 1996.
The City Manager reported that the Planning and Zoning Commission recommends approval of the
request for a Conditional Use for Jerry's Restaurant in the Orlando Sanford Airport Terminal
Building. The Commission referred this item to tonight's Regular Meeting for City Commission
consideration.
G. Petition requesting removal of basketball court at the Southside Park next to
the Ve/~na Mitchell Annex. The City Manager reported that the Police Department is reviewing
the situation, and will provide comments/recommendation at the April 8, 1996 Meeting.
H. Court House Expansion. The City Manager reported that Judge Newman Brock and
the Clerk of the Court Maryanne Morse have requested a meeting with Seminole County and City
of Sanford Staffs to discuss the need for additional court house space.
I. Seminole County Tourist Development Grant Application for FY 96/97 re: Soap
Box Derby Program. This item was referred to tonight's Regular Meeting, for City Commission
consideration.
J. Procurement of equipment for Derby Park. The City Manager recommended
procurement of park equipment for installation in Derby Park; said equipment to be grant
purchased and piggy backed on a number of other local government bids. The Commission
referred this item to tonight's Regular Meeting for City Commission consideration.
K. Flood Map Revisions. The City Manager reported that, at the request of FEMA,
flood map revisions for Kaywood will be announced as a press release.
L. CALNO selection of Seminole County Expressway Authority Board Member. The
Commission concurred that Mayor Smith serve the remainder of her term, and to consider a
replacement upon expiration of said term in November, 1996.
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MINUTES
CitY Commission, Sanford,' Florida
Work Session
111
March 25
M. Status Report re: properties owned or operated b~Violetta Williams. The City
Manager reported that Notices of Violation from the Fire Department and Code Enforcement have
been sent for consideration at the next Code Enforcement Board Meeting. Further, according
to Tom Greene, representative for Ms. Williams, the Historic Preservation Board ("HPB") has
refused to give Certificates of Appropriateness for exterior repairs until its next regularly
scheduled meeting, which is after the Code Enforcement Board Meeting. Further, he advised
Mr. Greene to comply with the requirements relative HPB, and that Code Enforcement would
continue those items having to do with exterior appearance, but that this in no way would
give him latitude for any degree of compliance regarding interior issues. City Manager
Simmons reviewed a printout of police calls received relative the various properties, and
stated that there is nothing on the list that indicates there is a public nuisance situation.
Legislative Issues:
The City Manager reviewed and discussed various House and Senate Bills in the
Florida League of Cities Legislative Bulletin, including recommendations, as follows: 1) No
on HB 2463 and SB 1952, Sovereign Immunity; 2) No on Cancer Presumption for Law Enforcement
Personnel; 3) Oppose HB 557 and SB 740, Property Appraiser's Presumption of Correctness,
which would have a direct impact on ad valorem taxes; 4) Support HB 2591, Enclaves, which
would allow individual property owners within enclaves; but not contiguous, to be annexed;
5) Yes on Relaxation of Small Scale Comprehensive Plan Amendment Procedures, which would be
beneficial to the City; 6) Support Ethics Commission Reform; 7) No on HB 881 and SB 1078,
Binding Arbitration; 8) Oppose Fire and Police Health Pensions, which is an unfunded mandate;
9) No on HB 711 and SB 1194, Statewide Uniform Building Code Standards, which is viewed as
a violation of Home Rule; 10) Support County Regulation of Community Residential Homes, if
amended to include Cities; 11) Oppose Eminent Domain; and 12) Yes on Designating Rezoning as
a Legislative Action.
City Manager's Report. None given.
There being no further business, the meeting was adjourned.
M~YOR
Attest:
~ City Clerk ~ ff'
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112
E405354
MINUTES
City Commission, Sanford, Florida Regular Meeting March 25 19 96
The City Commission of the City of Sanford, Florida met in Regular Meeting oJ
Monday, March 25, 1996 at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 Nortt
Park Avenue, Sanford, Florida.
Present:
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
City Clerk Janet R. Dougherty
The Chairman called the meeting to order.
Public Hearing to consider second reading and adoption of Ordinance No. 3292, as advertise(
in the Sanford Herald March 14, 1996.
Ordinance No. 3292, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING THAT CERTAIN 15 FOOT WIDE NORTH-
SOUTH DRAINAGE EASEMENT LYING ON THE WESTERLY PORTION OF
THE PROPERTY AT 126 PAMALA COURT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of March 11, 1996, was next placed oI
second reading. After being read by title, the Chairman announced that the Commission woul(
hear from those persons present to speak in favor of, or in opposition to, the adoption oJ,
Ordinance No. 3292. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3292. 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. 3293, as advertise(
in the Sanford Herald March 14, 1996.
Ordinance No. 3293, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3230, AND ITS AMENDMENTS, AND ADOPTING AN
AMENDED CLASSIFICATIONAND PAY PLAN EFFECTIVE IMMEDIATELY
TO AUTHORIZE THE REVISION OF' THE ESSENTIAL MINIMUM
QUALIFICATIONS SEGMENT OF THE "POLICE CHIEF" POSITION
DESCRIPTION TO INCLUDE THE REQUIREMENT THAT THE POLICE
CHIEF MUST ATTAIN AND MAINTAIN RESIDENCE WITH THE CITY
LIMITS OF THE CITY OF SANFORDWITHIN SIX (6) MONTHS FROM
THE EFFECTIVE DATE OF APPOINTMENT TO THAT POSITION;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE
DATE.
introduced and placed on first reading at meeting of March 11, 1996, was next placed o
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 o:
Ordinance No. 3293. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No
3293. 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
E405354
MINUTES
City Commission, Sanford, Florida
Regular Meeting
113
March 25 96
19
Request from George W. Currie for a waiver or reduction of the two thousand (2,000) foot
distance requirement between alcoholic beverage sales establishments and churches for
property at 2491 Park Avenuer as discussed at tonight's Work Session. Commissioner Eckstein
moved to waive the two thousand (2000) foot distance requirement between alcoholic beverage
sales establishments and churches at 2491 Park Avenue. Seconded by Commissioner Thomas.
Said motion failed to pass by the vote of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Nay
Commissioner Lyons Nay
Requests for street closures and/or sale and consumDtion of alcoholic beverages in
con~unction with Special Eventsr as discussed at tonight's Work Session.
A. Request from New Bethel Missionary Baptist Church to close Hickory Avenue
between 9th Street and 10th Street on May 4, 1996, from 8:00 A.M. to 5:00
P.M, for a Spring Festival.
Be
Request from New Life Word Center Church to close Oak Avenue between 13th
Street and 14th Street intersections on April 4, 1996 from 4:00 P.M. to 11:00
P.M., and April 5, and 6, 1996, from 10:00 A.M. to 11:00 P.M., for a Street
Fair.
Request from West End Theatre for sale and consumption of alcoholic beverages
(beer and wine) in the parking lot at 940 State Street on April 28, 1996,
from 7:00 P.M. to 9:30 P.M., in conjunction with a Concert.
Request from Holy Cross Episcopal Church to close Fourth Street starting on
the east side of Park Avenue to the alley between Park Avenue and Magnolia
Avenue on April 4, 1996, from 7:00 A.M. to 5:00 P.M. for Church Bazaar.
On recommendation of the City Manager, Commissioner Thomas moved to approve A, B,
C, and D, above. 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 Nay
Commissioner Lyons Aye
Right-Of-Way Use Agreement for continued use of existing concrete parking area for
residential purDoses at 610 South Laurel Avenue. On recommendation of the City Manager,
Commissioner Thomas moved to authorize execution of the Right-Of-Way Use Agreement with
Warren Pickron for continued use of existing concrete parking area for residential purposes.
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
Letter Agreement with Conklin, Porter and Holmes for "incremental" increase in amount of
$11,000.00 regarding Mill Creek/Cloud Branch - Year 2 Pro~ect. On recommendation of the City
Manager, Commissioner Howell ~oved to authorize execution of the Letter Agreement with
Conklin, Porter and Holmes for an "incremental" increase in amount of $11,000.00 for land
interest acquisitions. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
114
E~5354
'MINUTES
City Commission, Sanford, Florida Regular Meeting March 25 1996__~_
Request from Bosek, Gibson & Associates, Inc. for billable fee adjustment in amount of
$21,490.00 regarding renovation of City Hall HVAC System. On recommendation of the City
Manager, Commissioner Thomas moved to approve said billable fee adjustment in amount of
$21,490.00. 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
Resolution No. 1724, re: Dreamwold S~ecial Assessment District.
Commissioner Eckstein moved to adopt Resolution No. 1724, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, FIXING A
TIME AND PLACE AT WHICH OWNERS AND OTHER INTERESTED
PERSONS MAY APPEAR BEFORE THE CITY AND BE HEARD AS TO THE
PROPRIETYAND ADVISABILITY OF MAKING THE IMPROVEMENTS TO
THE SANITARY SEWAGE SYSTEM SERVING THE DREAMWOLD DUPLEX
PROPERTIES IN BLOCK 8, 3RD SECTION DREAMWOLD.
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
The City Attorney reported that the public hearing will be held April 22, 1996 instead of
April 8, 1996.
Athletic Officiating Contract. On recommendation of the City Manager, Commissioner Thomas
moved to approve the Baseball Officiating ContraCt with Duane J. LaFollette dba Sanford
Officiating Services from March 26, 1996 to September 30, 1996. Seconded by Commissioner
Eckstein 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
Information from Planning and Zoning Commission Meeting of Thursday, March 7, 1996, as
described in memorandum dated March 8, 1996, from Land Development Coordinator. No action
required or taken.
Board appointments/re-apDointments, as discussed at tonight's Work Session.
Cemetery Advisory Board: The City Clerk reported that the terms of Bernard
Mitchell and Bette Gramkow expire March 12, 1996 and March 27, 1996,
respectively; that both have served the maximum number of terms and are not
eligible for re-appointment.
The Commission took no action.
Be
Central Examining Board: The City Clerk reported that the term of' Richard
Schultz expires April 13, 1996; and the terms of A. J. Adcock, III, E. C.
Harper, Jr., and Ernie Watson expire April 25, 1996. The Commission took no
action.
Ce
Nuisance Abatement Board: The City Clerk reported that five (5) members need
to be appointed to the Nuisance Abatement Board, with initial terms
staggered: 3 members appointed for 2 year initial terms; and 2 members
appointed for 1 year initial terms. The Commission took no action.
Consent Agenda.
A. Requests for payment of statements.
to pay.
City Manager recommended authorization
(1)
From Muller, Mintz, et al for professional services from
2./2/96 thru 2/16/96 ......................................... $
329.84
(2)
From City Attorney for professional services for the month
of February, 1996 ........................................... $5,990.00
(3)
From Universal Engineering Sciences for 4th and 5th Street
Water Main Extension ........................................ $
332.85
~40~3~4
Bm
MINUTES
City Commission, Sanford, Florida
Regular Meeting
115
March 25
Approval of Minutes of February 26, 1996, Work Session; February 26, 1996,
Regular Meeting; March 11, 1996, Work Session; and March 11, 1996, Regular
Meeting.
On motion of Commissioner Thomas, seconded by Commissioner Lyons and carried by the
vote of the Commission as follows:
the Commission:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
A. Approved payment of statements (1) through (3).
B. Approved Minutes of February 26, 1996, Work session; February 26, 1996,
Regular Meeting; March 11, 1996, Work Session; and March 11, 1996, Regular
Meeting.
Information regarding invoices Daid during the period for previously approved lump sum
contracts. The Commission acknowledged two (2) invoices totalling $21,156.70.
Recommendation from Planning and Zoning Commission Meeting of March 21, 1996, as discussed
at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved
to approve the Conditional Use Permit for sale of alcoholic beverages (AB-COP) at a
restaurant in the Orlando Sanford Airport Terminal Building, One Red Cleveland Boulevard,
in an RI-l, Restricted Industrial Zoning District, said use being a customary commercial
activity in airport terminals. Seconded by Commissioner Lyons and carried by the vote of the
19
Commission as follows:
Mayor smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye.
Commissioner Howell Aye
Commissioner Lyons Aye
Seminole County Tourist Development Council Grant Application for FY 96/97 re: Soap Box
Derby, as discussed at tonight's Work Session. On recommendation of the City Manager,
Commissioner Thomas moved to authorize execution of said Grant Application for funding in
amount of $5,000.00 for the Soap Box Derby Program. 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 Nay
Commissioner Lyons Aye
Derby Park. On recommendation of the City Manager, Commissioner Thomas moved to authorize
Staff to procure park equipment for installation in Derby Park; said equipment to be grant
purchased and piggy backed on a number of other local government bids. 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
Proposal from Architects Design Group, Inc. ("ADG") for Scope of Services for Public Safety
Complex, as discussed at tonight's Work. On recommendation of the City Manager, Commissioner
Thomas moved to approve said proposal from ADG, as an addendum to the original contract, for
a planning study relative the Public Safety Complex, which will be done in four (4) phases;
total addenda amount $15,508.00. Seconded by Commissioner Lyons and carried by the vote of
the Commission as follows:
96
1 1 6
E405354
MINUTES
City Commission, Sanford, Florida
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Regular Meeting
March 25
96
Amendment to Personnel Rules and Regulations re: Educational Assistance Program, a~
discussed at tonight's Work Session. On recommendation of the City Manager, Commissione]
Thomas moved to amend the Education Assistance Program requirement that final City approval
be obtained prior to commencement of classes, to provide for preliminary Department Head
approval and final City Manager approval within two (2) weeks after initiation of the course
test, or laboratory work. Seconded by Commissioner Eckstein and carried by the vote of th,
Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Audience Participation.
George Curry, 2491 Park Avenue, appeared and reported that he has been a resideni
of Sanford for eighteen (18) years, that he has a vested interest in the City, and stated
is almost impossible to find a commercial area that is not within 2,000 feet of a church.
Further, tourists coming to Sanford have no where to go, and that there are three (3) otheI
establishments of this kind within two thousand (2,000) feet of a church.
There being no further business, the meeting was adjourned.
Attest:
~v City Clerk