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012797 ws/rm min.3 3'0 City MINUTES Commission, Sanford, Florida WOrk Sessi0n 3anuar,v 27 1997 The City Commission of the City of Sanford, Florida, met in Work Session Monday, January 27, 1997, at 4:00 o'clock P.M. in the City Manager's Conference Room, City Hall, Sanford Florida~ Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma Hayes Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attorney WiIham L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. City Code relative, sale,,and consumption of aleoh01ic,beverages on premises. Commissioner Eckstein reported that he was in favor of granting a waiver for Stooges and reducing the 2,000 foot distance requirement to 1,000 feet, and opposed to waiving the 2000 foot requirement for AMVETS Post # 17 because of the potential for liability, however, the City could possibly accommodate the AMVETS by allowing them to use the PBA Building, for a nominal fee until a suitable permanent location can be found. The City Manager reported that he is not sure whether the time frame is compatible with the organization currently using the building, and that he would look into the matter. The City Attorney reported that the AMVETS' Post #17 request does not meet the criteria to receive a temporary permit (a maximum of three (3) permits per organization per year), that is appears this organization falls within the 1 lC License category, which covers six (6) different groups, as described in memorandum dated January 21, 1997, from the Assistant City Attorney, that the City has the authority to change the distance requirement uniformly, but it would be unwise to grant the AMVETS a waiver because it could be construed as giving preferential treatment to one specific group in a category. Mayor Dale stated that he would not be in favor of reducing the 2,000 foot distance requirement unless it applies to vendors of all types of alcoholic beverages; not just liquor as currently written. Also, consideration should be given to tightening up distance separation requirements between all establishments selling alcoholic beverages in the future. Commissioner Williams requested clarification relative to why it would not be in the best interest of the City to grant AMVETS Post #17 a waiver of the 2,000 foot distance requirement, and the City Attorney explained that such a waiver could be viewed as special treatment for one specific group/organization. Commissioner Lyons stated that he did not hear any compelling reasons to lower the 2,000 foot distance requirement, which has the potential for increasing the number of these types of establishments in the City. Commissioners Eckstein and Lessard both stated they would be amenable to a distance separation between all vendors of alcoholic beverages. After discussion, the consensus of the Commission was that the City Attorney prepare the proper ordinance to lower the distance requirement between churches and schools and vendors of liquor from 2,000 feet to 1,000 feet, in include vendors of beer and wine COP, and vendors of beer, wine and liquor for consumption on premises, for City Commission consideration at the February I0, 1997, Meeting. Also, that Staff research and provide comments/recommendations relative to establishing a distance separation between all vendors of ali types of alcoholic beverages, Utility Standards and. Specifications Manual. The Commission did not discuss this item, and continued it to the February t0, 1997, Work Session. E405354 MINUTES City Commission, Sanford,~Florida I,,In ~ k Jan~!a~'y 27, 1997 Contract w, il[h Universal Engineering Sciences, re: Ona!i~ Assurance Ius_~'ction and Testing for Mill Creek Year 2 .Dry. jnage_ hnprovemen~ The City Manager requested City Commission approval of this contract in amount of $6,090,00, and the Commission referred this item to tonight's Regular Meeting for City Commission consideration. C, U. ti!i.ty easements over Mary_ Smith,s property between I3th Street and Fourteenth .Streek.and between.. Southwest Road and Oleander Avenue, The City Manager reported that Mary Smith gave the City two easements without remuneration, one of which was erroneously given as a blanket easement across her entire property, and recommended that the City compensate Ms. Smith accordingly. Also, to authorize the purchase of two additional easements in an amount not to exceed $1,430.00, and for Staffto proceed with vacating the two existing easements, with the City Attorney to determine whether a public hearing is required for said vacating. D. Agenda Item 09. re: request to vacate street rights-of-way. The City Manager reported that responses have been received from Florida Public Utilities and the City's Utility Department, requesting that if Hospital Road is vacated it be retained as a utility easemem, that there has been no other indication with respect to the other two streets, and recommended that the City Comm/ssion authorize the City Attorney to prepare the proper ordinance to vacate all three street rights-of-way, retaining a utility easement over Hospital Road, Setting. B. 331 Proposed amendment to Ordinance No. 3117. Land. Development Regulation_. s, Section 2. Schedule B. Permitted Uses, and Schedule E - additional requirements for specific uses re: communication towers. D/rector of Planning and Development Jay Marder reported that Ordinance No. 3326 has been amended to include language to strongly encourage prov/ders to co-locate on communication towers, as previously directed by the Commissiork After discussion, and at the request of Mayor Date, the Commission concurred to establish a setback requirement for distance separation from the property line of a multi-family dwelling equal to the height of the tower. Boa,rd ,,appointments/re-appointments. The Commission discussed appointments/re-appointments to the Cemetery Advisory Board, the Citizen's Advisory Board and the Historic Preservation Board. Commissioner Lyons reported that he yeas under the/mpression that all ten (10) appointments had ben made to the Citizens Advisory Board; not eight (8) as indicated on the Agenda. Chief Joe Dillard reported that after receipt of the list of appointments, he will set a meeting date. In response to Commissioners Lessard and Williams, the City Clerk stated that thank you letters are sent to individuals upon their departure from a City board/committee, and that the Commission has been provided Board and Committees Books which contain a listing of board appointments with term expirations for 1997, vacancies and blank Applications for Appointment to a City Board. Regular Agenda Items and .other items. A. ~ Commissioner Lyons questioned the necessity of delivering late packets containing information only and Minutes, and stated that he preferred the Minutes be put on the table prior to the meeting. City Manager's Report. A. S_.t~eial Work Session Monday. February_ 3, 1997, On recommendation of the City Manager, the Commission concurred to start the meeting at 4:00 o'clock P.M., then break for dinner, and resume until completion of StaffBdefings and Goal 332 E~05354 MINUTES City Commission, Sanford, Florida Work Session January 27 19-- 97 Bn.'efin.~ by Staff. A Public Works Department. Director of Public Works Jerry Herman distr/buted an informational booklet, and stated that the Public Works Department consists of five (5) Divisions, including: Facility Maintenance, Fleet Maintenance, Streets, Solid Waste and Administration, with a total of eighty-three (83) employees including administration, and gave an overview of the Department, as follows: Department Tools and Techniques; Department Goals and Objectives; Department Organizational Structure/Chart; Department Budget, which is comprised of four funding sources: Local Option Gas Tax Revenue, Solid Waste, Stormwater Utility and General Fund; Solid Waste Division; Building Maintenance; Fleet Maintenance, Administration and Support Services. The. City Manager reported that mosquito spraying is done on a complaint basis. In response to Mayor Dale's question of how ,much money is spent on street lighting Mr. Herman responded approximately $250,000.00 a year. Mayor Dale proposed that the Commission consider leasing Florida Power light poles vs City-owned poles, as a cost saving measure. At the request of Commissioner Williams, Director of Community Development Charles Rowe explained how block grant monies were disbursed in the Goldsboro area. (The Commission took approximately a ten [10] minute break, then returned.) B. Recreation and Parks Departmen,,t. Director of Recreation and Parks Mike Kirby distributed information and various brochures, reviewed and discussed the seven (7) Divisions of the Depamnent which include a full time support Staff of forty-four (44), as follows: Recreation, Parks, Grounds Maintenance, Civic Center and the Bettye D. Smith Cultural Arts Center, Sen/or Center, Sanford Museum, Municipal Cemetery. He stated that the two biggest needs are a community center and lighted ballfields, and that the goals of the Department include adding an additional summer playground site, increase the attendance of the After School Program by moving to the Salvation Army site, add a Midnight Basketball by popular demand, which has been successful in Orlando, but not in other areas, and upgrade City parks. In resPOnse to Commissioner Williams' statement that according to a recent survey conducted by Seminole Hope, a commun/ty swimming pool and recreation facility is a high priority among Sanford residents, Mr. Kirby reported that a referendum for a community swimming pool was turned down a few years ago.. The City Manager reported that a community/recreation center/facility is a high priority in terms of recreations, that the property on French Avenue across the street from Sanford Middle School has been identified as a prospective site, however, lack of funding has kept Staff from moving forward with construction of same. Also, he attended a meeting with Mike Kirby and Tom Farnsworth at a Seminole County Tourist Development Council Meeting at Heathrow, at which time they encouraged the City not tear down the Memorial Stadium, and that they would help fund a study to build a replica of the 1946 Stadium. Citizen, Advisory, Board (Police,, Department), Commissioner Lyons reported that the City Clerk researched and confirmed that only eight (8) individuals have been appointed to this board, and the City Clerk advised that members of the board will elect a Chairman, and the City Commission will designate the initial terms of said members. There being no further business, the meeting was adjoum~ ~st: MINUTES City Commission, Sanford,'Florida Regular Meeting January 3) the hours of operation are ideal because during those times the schools are closed and the churches w/Il not be holding 4) All access Event Services, Inc. will provide security services for this event, for which letters of recommendation have been submitted. In response to Commissioner Lyon's question relative the authenticity of the survey, the City Manager stated that the surveyor's seal is affixes on the letter, which indicates that there is 2,303 feet between the establishment and the nearest church, that Staff used a distance wheel and came up with something in that ballpark. Commissioner Lessard moved to approve the conditional use for FSV Inc. Of Deltona located at 930 and 940 State Street (West End Music Fair - Sanford Plaza) in a GC-2, General Commercial Zoning Disthct, for the purpose of alcoholic beverage sales for consumption on premises (AB-COP)CM. Seconded by Commissioner Williams and canied by the vote of the Commission as follows: Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Petition for Annexation for a port/on of property_ lying between Rose Drive a. nd Fern. Driv. e an.d between P~almway and Sanford,venue (3505 Pahnway). On recommendation of the City Manager, Commissioner Eckstein moved to authorize the City Attorney to prepare the proper ordinance to annex the property as requested. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request for Conditional Use for AMVETS Post ~17. at 410 Sanford Avenue in a GC-2, General C0mmercial.Zoning District for sale and consumption of alcoholic beverages on premises (AB-COP), and waiver of 2,,000 foot distance requirement, as discussed at tonight's Work Session. Walter Dixon, 510 Locust Avenue, appeared on behalf of the AMVETS Post # 17. The City Attorney reported that the State of Florida issues number oflicenses under the 1 lC category, including clubs, not- for-profit organizations, lodges, that d/stance requirements must be uniformly applicable to all applicants, and based on the fact that there a number of different categories of 1 lC licenses and based on the State of Florida court system, the City should not waive the distance requ/rement for one.group when there is a number of licenses under 1 lC. An alternative would be to change the distance requirement by ordinance, and at tonight's Work Session the Commission directed Staffto initiate an ordinance to reduce the distance requirement ~om 2,000 feet to 1,000 feet. Commissioner Eckstein reported that the City could possibly accommodate the AMVETS by allowing them to use the PBA Building as a temporary meeting place until a permanent location can be found. The City Manager reported that another organization presently uses the PBA Building, however, said use could be terminated rather quickly if it is the will of the Commission. Commissioners Eckstein and Williams were in favor of allowing the AMVETS to use the PBA Building on a temporary basis. 335 27 19 97 336 MINUTES City Commission, Sanford, Florida Regular Meeting January 27 19~ 97 On recommendation of the City Manager and the City Attorney, Commissioner Lessard moved to deny the requested waiver of the 2,000 foot distance requirement between vendors of alcoholic beverages and churches on the basis that it would be in direct conflict with the State of Florida Supreme Court and to deny the request for sale of alcoholic beverages for consumption on premises at 410 Sanford Avenue. Seconded by Commissioner Eckstein and carded by the vote of the Commission as follows: Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye After discussion, the consensus of the Commission was that Staff look into possible alternatives for City Commission review/consideration at the February I0, 1997, Meting. Amentlment No. 26, to Agr~.'n. ent with C0nk!in, Porter and Holmes re: Downtown/pump Branch Master Drainage Basin Plan, Permitting and Preliminary En~neering of Drainage Improvements. On recommendation of the City Manager, Commissioner Lyons moved to authorize execution of said Amendment No. 26, to original Agreement with Conklin, Porter and Holmes dated December 17, 1987, in an mount not to exceed $46,069.90 plus usual and customary expenses in estimated amount of $880.00, for Downtown/Pump Branch Master Drainage Basin Plan, Permitting and Preliminary Engineering of Drainage Improvements. Seconded by Commissioner Williams and carried by the vote of the Commission as follows: Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Board appointments/re-appointments. Bo Cemetery Advisory Board: The City Clerk reported that the term of Patricia A. Speer expires March 10, 1997, that Ms. Speer has served he maximum number of terms allowable, and therefore, cannot be re-appointed. Also, the Parks Director recommends the appointment of Ms. Br/sson to replace Ms. Speer. Commissioner Lyons moved to thank Ms. Speer for her service on the Cemetery Advisory Board, and to appoint Ms. Brisson as Ms. Speer's replacement. Seconded by Commissioner Eckstein and can/ed by the vote of the Commission as follows: Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye CommisSioner Lessard Aye Commissioner Lyons Aye Citizens Advisory Board (Police Department): The Chairman reported that eight of the ten members have been appointed, and that Commissioner Williams needs to designate her two appointees and their initial terms. Also, Police Chief Dillard will establish a meeting date after receipt of a list of the board members. Commissioner Eckstein reported that the initial terms of Bernard Brown and Kevin Hipes are two (2) years and one (1) year, respectively. Historic Preservation Board: The City Clerk reported that the Associate Planner reports that Chris Cranias verbally resigned fi.om this board December 12, 1997. Also, there are Applications for Appointment to a City Board on file from Stephen Balint, Jr., Catherine Bossert, Lisa Lessard, Sica Nacu, and Eljae Ransom. Commissioner Lessard moved to thank Chris Cranias for his service on the Historic Preservation Board, and to appoint Sica E405354 Nacu to replace Mr. Cranias. Consent Agendm A. follows: the Commission: A. B. MINUTES City Commission, Sanford,'Flofida Regular Meeting January Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: MaYOr Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Requests for payment of statements. From Muller, Mintz et al for professional services from December 2 thru 12, 1996 ...... $ 29.57 From City Attorney for professional services for the Month of December, 1996 ........... $9,102.50 (1) (2) Tabulation of Bids. (1) Bid #IFB 96/97-22, Resurfacing of Tennis Courts (Recreation and Parks Department). City Manager recommended acceptance of the only bid, which met specifications from D&B Tennis in amount of $141,700.00. (2) Bid #IFB 96/97-32, Small Diameter Pipeline Inspection System (Utility Department). City Manager recommended acceptance of the low bid meeting specifications from Cues I amount of $20,380.00 )RS Technical submitted the lowest bid but did not meet specifications). O) Bid #IFB 96/97-34, Brush Chipper (Recreation and Parks Department). City Manager recommended acceptance of he lowest b/d, which met specifications from Mor Bark in amount of $5,731.50. (4) Bid #1FB 96/97-39, Sports Insurance (Recreation and Parks Department). City Manager recommended that all bids be rejected and rebid. C. Approval of Vouchers for the Month of December, 1996. D. Approval of Minutes of January 7, 1997, Organization Meeting; Minutes of January 13, 1997, Work Session; and Minutes of January 13, 1997, Regular Meeting. On motion of Commissioner Eckstein, seconded by Commissioner Lyons and camed by the vote of the Commission as Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Approved payment of statements (1) and (2), above. (I) Accepted only bid, which met specifications, from D&B Tennis in amount of $14,700.00. (2) Accepted the low bid'meeting specifications, from Cues in amount of $20,380.00. (3) Accepted the lowest bid, which met specifications, from Mor Bark in amount of $5,731.50. (4) Rejected ali bids, and authorized Staffto rebid. Approved Vouchers for the Month of December, 1996. Approved Minutes of January 7, 1997, Organizational Meeting; Minutes of January 13 1997, Work Session; and Minutes of January 13, 1997, Regular Meeting. 337 27 19.~ 97 338 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting January 2~9~ 97 Information regarding invoices paid during the period for previously approved lump sum contracts, The Commission acknowledged five (5) invoices totaling $t 8,380.45. Request from, Stan Smith for sale and consumption of Beer and Wine, and Beer, Wine and Liquor, at the West End Music Fair, 940 State Street, in conjunction .with a Special Event January 29, 30, 31, and February 1, 1997. Barry Cunningham, Manager, appeared and reported that Beer and Wine will be sold outside and liquor indoors only, that they have agreed to the two (2) required police officers as recommended by Police Chief Dillard, and that they will notify the Police Department at least twenty-four (24)hours in advance if any part of the event is canceled. On recommendation of the city Manager, Commissioner Eckstein moved to authorize the sate and consumption of Beer and Wine and Beer, Wine and Liquor as requested, at the West End Music Fair, 940 State Street, in conjunction with a Special Event January 29, 30, 31, and February I, 1997. Seconded by Commissioner Williams and carded by the vote of the Commission as follows: Audience participation. Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mary Hauver appeared and asked who will profit from the Special Event, and stated that she was opposed to reducing the 2,000 foot distance requirement between churches and vendors of bee, wine and liquor, and submitted a petition containing 24 names regarding same. Ms. Jones appeared and complained about the condition of a building at the comer of Celery Avenue and Locust Avenue. Director of Community Development Charles Rowe reported that he w/Il have Code Enforcement look into the matter. Tom Carpenter appeared and reported that there is not enough information on the Agenda to know what the item is about, and the Commission explained that the Memorandum behind the Agenda provides more detailed information about the item. Request for free use, of CiCe Cedner from Crime. Watch Convention. On request of Commissioner Lyons, the Commission authorized free use of the Civic Center for a quarterly City-wide Crime WatchConvention on Friday, February 28, 1997 at 7:00 P.M. City Commission Room Sound System. Mayor Dale reported that the sound system is not adequate, and asked that Staff provide comments/recommendations to improve same. Proposal from Universal Engineering Sciences re: Mill Creek Year 2 Drainage Improvements. On recommendation of the City Manager, Commissioner Eckstein moved to approve said proposal with Universal Eng/neering sciences in an amount not to exceed $6,090.00, for quality assurance inspection and testing. as follows: Seconded by Commissioner Lyons and carried by the vote of the Commission Mayor Dale Aye Commissioner Eckstein Aye Commissioner Will/ams Aye Commissioner Lessard Aye Commissioner Lyons Aye Utility easement over Mayr Smith,s propertybetween 13th Street and 14th Street and between Southwest Road, and Oleander Avenue, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Williams moved to authorize the purchase of easemeus in total amount not to exceed $1,430.00, and to authorizeStaffto proceed with the necessary steps to vacate the wo existing easements as deemed necessary by the City Attorney. Seconded by commissioner Eckstein and carried by the vote of the Commission as follows: E405354 MINUTES City Commission, Sanford;: Florida Regular Meeting 339 January 27 1997 Mayor Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye There being no further business, the meeting was adjourned. Attest: