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081400 ws/rm min.Giii MINUTES City Commission, Sanford, Florida 3:30 P.M. Work Session 461 14 1000 The City Commission of the City of Sanford, Florida met in Work Session on Monday, August 14, 2000, at 3:30 P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Vice Mayor - Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Randy Jones City Manager Anthony VanDerworp Deputy City Manager Roger Dixon City Clerk Janet R. Dougherty Absent: Mayor Larry A. Dale City Attorney William L. Colbert The Chairman called the meeting to order. Employee of the Month Award. Commissioner Lessard presented Patricia Montville with the Employee of the Month Award for August 2000. Police & Fire Pension Plan multiplier. Donna Watt, Finance Director, reported the Police & Fire Pension Boards asked Foster & Foster to determine the impact of increasing their current multipliers for retirement and the impact of reducing the member contribution rates. It was determined that there was room in the plans to increase their multipliers. The Pension Boards reviewed the scenarios at their meeting on Thursday, June 20. Each of the Pension Boards receives premium tax money each year that has to be used to provide additional benefits for fire and police. At the first of this year there were changes in Florida Statutes Chapters 175 and 185 which have provisions that our current plans do not meet. Additional information distributed prior to today's Work Session reflects there is enough money in the Police Pension Plan to bring the pre - retirement death benefit into compliance with State Statute Chapter 185 without any cost to the City. There is sufficient premium tax money in the Fire Pension Plan to increase the multiplier for the Pension Plan to 3.01 and to reduce the contribution rate of the firefighters from 7% to 6 %, with no cost to the City. The consensus of the Boards is to pull the information that does not have to do with the premium tax monies and to wait until the actuarial report is completed for the period ending September 30, 2000 and to see if there are adjustments in salaries by that point. A report will be given to the Commission when the actuarial analysis for September 30 is complete, and the Commission can determine to increase the multiplier, after which the Board attorney will prepare an ordinance for Commission approval. The ordinance will be effective for retirement after October 1, 2000. In response to Commissioner Lessard's question if efforts are being made regarding changing the General Employee Pension Plan, Ms. Watt said that Foster & Foster is working on the plan. There will be a meeting of the General Employee Pension Board on August 28. The actuarial target is 8% for City administered Pension Plans. The General Employee Pension Plan was designed to mirror FRS benefits for employees. Commissioner Lessard expressed concern regarding achieving the target of 8% because it will be difficult to experience the returns to compensate for the 3% return experienced the last several years. Ms. Watt said she will try to have a representative of SunTrust present to discuss investment procedures with the Pension Board on August 28. The Fire Pension Board has recently met with SunTrust and decided to remain with SunTrust which has recently been merged with Trust Company of Georgia and is now known as Trustco. The Police Pension Board has chosen to use four different investment managers for different funds. The General Employee Pension Fund has been small but the market value is now more than $700,000. A decision will need to be made regarding investment practices. 462 E71662 MINUTES 3 City Commission, Sanford, Florida 3:30 P.M. Work Session August 14, Ani n 1 waste ordinance. Howard Jeffries, Landscape Architect, reported that at the June 26 Work Session Staff reported on complaints about animals defecating in parks and recommended that the Commission establish an animal waste ordinance. At the request of the Commission, Staff re- contacted local municipalities which responded that the pet owner is responsible for clean up of their pets and that responsibility for enforcement of their ordinance was by local law enforcement officials, animal control, park ranger, or park personnel. None of the municipalities reported having any problems enforcing their ordinance and many said 2000 19— that #heir intent was to educate pet owners of their responsibility, not to punish them. Mr. Jeffries displayed a type of sign that I would be placed in the park, a container for dispensing animal waste bags, and a variety of plastic bags for animal waste. The cost to place a container with bags is $100 per park; a case of bags will last approximately four months. The Commission discussed the need for an enforcement policy. Mr. Jeffries said that City Code, Section 4 -45, regards penalty provisions for violation of the article. Mr. Jeffries said he discussed enforcement with Police Chief Tooley and Community Development Director Charles Rowe, and it was determined that enforcement pertaining to animals is the responsibility of the Police Chief. Mr. Jeffries proposed the following be allowed to enforce the Code: Police, Community Service Officer, Code Enforcement Officer, or Parks and Grounds Maintenance personnel as designated by the Police Chief, as provided for in City Code, Section 4 -29. After discussion, the Commission concurred that Staff proceed with preparation of an ordinance to add Section 4- 4a(m), Violations and Prohibited Acts, to the City Code, which will read "It shall be unlawful for any pet owner to permit their pet to defecate in any park. Should any animal commit this act the owner of that animal will be responsible for prompt removal and proper disposal of said waste." Converting Jaycee Park into an "off leash" dog park. Howard Jeffries, Landscape Architect, reported that concerned citizens approached Staff regarding converting Jaycee Park into an "off leash" dog park, commonly referred to as a "paw park." Staff researched the concept and discovered that there are paw parks all over the country, many which have been in existence in excess of twenty years. Jaycee Park would be enclosed with a six foot double gated chain link fence around its perimeter and screened along French Avenue with landscaping, thus allowing dogs to run off a leash safely. Contained within the park will be amenities such as benches, picnic tables, grills, dog waste dispensers/bags and containers, a community bulletin board, dog showers, separate water fountains for dogs and humans, a six foot perimeter fence, irrigation, and appropriate signage referencing operating rules, etc. There will be a fepced in "time out" area for both small and large dogs. The estimated cost to convert Jaycee Park into a "paw park" is $27,226. The cost will be reduced by $4,000 if Staff installs the fence. Mr. Jeffries distributed pictures and brochures of paw parks currently existing in other municipalities. Mr. Jeffries said the reasons for a paw park are as follows: gives pet owners the opportunity to share a common interest and to socialize while engaging in their favorite activity, gives opportunity for dogs to exercise, gives novice dog owners I — the opportunity to learn from the more experienced dog owner, provides behavior socialization of pets, exposes all the users to the issues of responsible pet ownership, and by providing the site there will be no reason for pet owners to run a dog off a leaslr in other parks. Mr. Jeffries said that in research of information provided by other municipalities, he learned that park clean up is r1rely a problem, because dogs consider their park a neutral territory, dog fights are rare, excessive barking and signs of MINUTES 463 City Commission, Sanford, Florida 3:30 P.M. Work Session August 14 1000 aggressiveness are not tolerated and the owner will have to escort the dog from the park, over crowding is not a problem, there has been no liability between pet owners, and animals in heat are not allowed in the park. Mr. Jeffries said the group of citizens that brought the "paw park" idea to Staff's attention has expressed an interest in raising funds to offset the cost; one gentleman has an informal commitment of more than $3,000. The group has also expressed an interest in the construction, clean up, and maintenance of the park. Commissioner Eckstein said he visited a "paw park" in Washington, D.C. and although it was not fenced and there were hundreds of dogs running around, it was quiet and peaceful, the park was clean, and there were people socializing. Because of traffic, it will be necessary to fence Jaycee Park and there is concern of liability, however he supports the idea. Commissioner Williams said the park is an excellent idea and it would help put Sanford on the map, but asked that the same type of effort and concern be demonstrated regarding the City's other parks, for people. Commissioner Lessard said the funds raised by the group will help in the maintenance of the park and it is a relatively small expenditure for a potentially temporary park. Commissioner Eckstein said the park may not be permanent and the Commission has discussed possible uses for Jaycee Park. Commissioner Lessard said his concern is that there be coated fencing and heavy landscaping along 17 -92. Commissioner Jones said he also has seen the park in Washington, D.C. and that he has no problems at all with the proposed park. The Commission unanimously agreed that Staff move forward with the concept, however, amenities will need to be decided upon. Mr. Jeffries said costs can be reduced through using the volunteer group, fund raising, and by Staff erecting the fence. The park could be completed by November. (' ateway feature at the intersection of First Street and U.S. 17 -92 Jay Marder, Director of Engineering & Planning, and Brad Stevenson, Planner, were present to report that as part of the U.S. 17 -92 Redevelopment Project, Seminole County will be installing mastarm traffic signals at the 1st Street, 3rd Street, and 13th Street intersections. Included in today's Agenda are signage design concepts developed by Mr. Stevenson that would be attached to the mastarms. Also included is a concept developed by Waterfront Steering Committee member Gary Lowell that shows signage that would span over 1 st Street. Additionally, there is a rendering of a gateway sign proposed for Kissimmee. Mr. Marder said the signage that would span over 1 st Street is envisioned to be approximately 150' east of the intersection of 17 -92 and 1 st Street, so as not to conflict with the mastarms, and will be within the City's right -of -way. Commissioner Eckstein asked the opinion of Linda Kuhn, former Sanford Main Street Executive Director and Historic District homeowner, regarding the signage and she said one of her concerns is that semi trucks drive through downtown. The signage that would span over 1 st Street would prevent that from occurring and would be a great attribute to enhancing and improving downtown. Commissioner Williams asked if the signage placed on the mastarm at 13th Street could identify Historic Goldsboro. Mr. Marder said the concept is being developed and it hasn't been decided which signage to place on the mastarms. There are symbols that are associated with different areas and he is unsure what was available for Goldsboro, however, he is open to suggestions. Ideas of conceptual signage will be presented to the Commission. [Commissioner Lessard briefly left the meeting and returned.] Upgrade of Internet access and E -mail service/City Internet Policy Finance Director Donna Watt, Deputy Finance Director Kevin Smith, and Data Processing Manager John Stuart were present to discuss the City's Internet and E -mail service. Ms. Watt said that Internet access is provided to fourteen 464 MINUTES City Commission, Sanford, Florida 3:30 P.M. Work Session August 14, 192000 locations in the City via "dial -up" service obtained through the State of Florida. Each of these dial -up connections requires a separate analog phone line. Additionally, Internet access is provided to thirty locations via a "proxy server" set up with Timberline Communications. The Police Department has an additional dial -up account through Internet Access Group which serves six employees. E -mail is currently available to all City employees connected to the City network server, however, this capability allows for intra -City E -mail transmission only. Current network server capabilities do not allow for transmission or receipt of E -mail to or from external sources although select employees have external E -mail capabilities which have been obtained via the aforementioned State of Florida account and IAG account. The cost for external E -mail is approximately $41 per month per connection. After careful research and analysis of options of opening access to the Internet and E -mail, it was concluded that MPI Net should be selected as the City's Internet Service Provider. This arrangement will enable everyone that is currently connected to the network server to have reliable Internet access and external E -mail service. The cost to provide the service would go down. There are outlying areas that are not connected to the City's network, however, costs are being evaluated to make the network available. The goal is to have MPI Net operable by August 30, 2000. Ms. Watt said an Internet Policy to establish procedures/guidelines concerning use of the service has been prepared and reviewed by the City Attorney and is on tonight's Agenda for Commission approval. In response to Commissioner Jones' question regarding why the nine sites will not be provided Internet access and E-mail service, Mr. Smith said those sites are not currently connected to the network server and only network connections will have access to the service. The cost to connect all the sites is between $50,000 and $60,000. Some of the sites have fibre optic cable run and it is a matter of bringing them live, and others are totally dead and it will be necessary to complete the entire hook up process. Ms. Watt said the County ran fibre optic cable which extends to police and fire and they have been connected, there is cable to the Public Works Complex and connection can be made at a minimal cost, and Mr. Stuart is researching wireless technology to determine options for the water and sewer plants. In response to Commissioner William's question regarding the projection of time when the sites will be connected, Ms. Watt said that research will be done and a report will be given to the Commission. Deputy City Manager Dixon said the nine sites not connected to the network server will be put on the tracking sheet and monitored. Community Development Department Policy & Procedure Manual which includes the Historical Structures Code & Building Division Handbook. Roger Dixon, Deputy City Manager, reported the Agenda Cover Memo for this item recommends approval of the Community Development Department Policy & Procedure Manual, however, the request is for the Commission to review and comment because it is a work in progress and subject to refinement. Community Development Director Charles Rowe and Building Official Dan Florian were present to discuss the Manual. Mr. Rowe requested conceptual approval of the Manual and that the Commission consider adopting the Historic Structures Code and the fee schedule at their next meeting. Mr. Rowe said the highlights of the handbook include a tracking system that allows Staff to pinpoint the status of a project relative to permit review, a streamlined plans review process, historic building codes that will enable applicants to work closely with Staff, flow charts that allow understanding of process/methodologies, and the various forms used by the Community Development Division. The information will be provided to Staff and users and certain components will eventually be available on the City's Web site. MINUTES q45 000 City Commission, Sanford, Florida 3:30 P.M. Work Session August 14 13— After discussion, the Commission concurred that Staff proceed with preparation of an ordinance and fee schedule for the Historical Structures Code. Board appointment, City Clerk Janet Dougherty reported there is a vacancy on the Historic Preservation Board due to a resignation. Mr. Marder reported the Board recommended the appointment of Stephen Myers and Alexander Then. Regular Agenda items, Add -on items, and other items, A. Commissioner Eckstein reminded the Commission there is an organizational meeting of the City of Sanford Finance Corporation immediately following tonight's Regular Meeting. B. Commissioner Eckstein distributed to the Commission a copy of the Agenda for the August 23, 2000 Joint Meeting with the Sanford Airport Authority. C. The Commission set the Budget Work Session for 3:00 P. M. on August 17, 2000 in the City Manager's Conference Room. City Manager's briefing, Attest: No IM cp There were no briefing items. There being no further business, the meeting was adjourned. (Q ( MINUTES 7:00 P.M. Regular Meeting August 14, 2000 City Commission, Sanford, Florida 19— The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, August 14, 2000, at 7:00 P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Vice Mayor - Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Randy Jones City Attorney William L. Colbert Deputy City Manager Roger Dixon City Clerk Janet R. Dougherty Absent: Mayor - Commissioner Larry A. Dale City Manager Anthony VanDerworp The Chairman called the meeting to order. Presentation of Certificate of Appreciation to Police Officer William A Wixson K -9 Handler, and K -9 Chicco; and authorize request to retire Chicco declare him surplus and sell him to Officer Wixson for $1.00. Commissioner Jones presented a Certificate of Appreciation to Police Officer William A. Wixson. Commissioner Lessard moved to authorize retirement of Cbicco, to declare him as surplus and sell him to Officer Wixson for $1.00. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Citizen participation. Doreen Freeman, 705 Mellonville Avenue, reported the City's financial sheet shows several thousand dollars have been allocated to build bus benches for Lynx, and made the Commission aware that the Board of County Commissioners has located a group that will supply the bus benches and will maintain them for free; she submitted information to Deputy City Manager Dixon. Ms. Freeman expressed concern about the $27,000 price of establishing the "Paw Park" as discussed in today's Work Session, and encouraged private funding of the park. She said that police salaries should take priority over a dog park. Commissioner Eckstein said that police officers are going to get their salaries very shortly. Ms. Freeman questioned why more tables would be needed. Commissioner Eckstein said that the Commission concurred with the concept of the paw park but the amenities will be decided on later; the community has pledged funds. Ms. Freeman also expressed concern about liability, and questioned enforcement procedures. Regarding the gateway to the City, Ms. Freeman asked if cost factors have been considered. Jay Marder, Director of Engineering & Planning, said there are funds in the City's Community Redevelopment Agency trust fund as well as funds the City has allocated for an entry way feature, however, CRA funds have been held for Conference Center use and the funding source has yet to be determined. Ms. Freeman expressed concern regarding the new Historic Code Book and asked if people will be alerted that there are special codes for the Historic District. Commissioner Jones said that is a Realtor issue. Mr. Marder said the Historic Preservation Board has on occasion transmitted the Land Development Regulation Schedule S guidelines to all property owners in the Historic District. The procedures provided in the Historic Code Book regard building code issues and are different from LDR Schedule S. Ms. Freeman reported that Sanford Avenue from 25th Street to 13th Street was flooded during recent heavy rain MINUTES 467 7:00 P.M. Regular Meeting August 14, 2000 City Commission, Sanford, Florida 19— and cars were stalled. Jerry Herman reported that Sanford Avenue as well as others were flooded and that some of the streets are included in the drainage project. In response to Ms. Freeman's question about when the Chase Avenue ballfields will be completed, Recreation Superintendent Tom Farnsworth reported around October 1. Monarcha Marcett, 801 S. Park Avenue, reported that on June 26 City Manager VanDerworp stated that the list of sidewalks with tree issues would be brought to the Commission in four to six weeks and asked if the list has been given to the Commission. Jerry Herman reported the list was removed from today's Agenda and is planned to be on the next Agenda. Ms. Marcett said that is an instance of the public interest not being served timely; it has been seven weeks instead of four to six. She also reported it took two weeks to do one section of sidewalk and that is not serving the public interest by not getting this project underway and she is very upset about the quality and timeliness of the work. Jerry Herman reported that the contractor's work was substandard and as told to not do any more work. The City is pursuing a bid to complete this list. The bid proposal has been prepared for review by himself and the Finance Director. She said that a street prioritization list with a five -year plan is due in August or September, but it will not include brick streets needing asphalt removal even though Marveen Kelly was told it is being worked on; she asked how long the citizens will have to wait for something to be done. Commissioner Lessard reported the City has had discussions regarding different methods to remove asphalt. Jerry Herman reported the brick surface rejuvenation is a separate issue from the street list and is scheduled to be discussed at the next meeting. Coach Franklin reported that sidewalks in Goldsboro are scarce and he has requested more sidewalks many times. He reported that he and Deputy City Manager Dixon viewed a hazardous condition of a hole going west to the train station. There is a guardrail approximately fifteen feet long and just past the guardrail is the big ditch (referred to as the Mill Creek area hole). The elevation of the grass makes it appear that there is a continuation. The street is less than four feet from the ditch. He said that something has to be done immediately. Approval of minutes. Commissioner Lessard moved to approve the Minutes of Budget Work Session of July 6, 13, and 14, 2000, Special Meeting of July 24, 2000, and Regular Meeting of July 24, 2000. Seconded by Commissioner-Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing and second reading of Ordinance No. 3571 to annex 0.31 acres of property lying between W. 2nd Street and W 5th Street and between Belle Avenue and W Airport Boulevard (2980 W Airport Blvd.): Estelle Y. Reece, owner. Ad published July 27 and August 3, 2000. Ordinance No. 3571 was read by title. Vice Mayor- Commissioner Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3571. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3571, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE 0.31 ACRES OF PROPERTY LYING BETWEEN WEST 2ND STREET AND WEST 5TH STREET AND BETWEEN BELLE AVENUE AND W. AIRPORT BOULEVARD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 468 MINUTES City Commission, Sanford, Florida 7-00P.M. Regular Nlee ng ��1 � Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing to consider condemnation of properties. Community Development Director Charles Rowe reported the public hearing is being held to consider condemnation of structures on Condemnation Report Nos. 00 -01, 1324 Oleander Ave., Krawczynski & Hill, owners; 00 -02, 1406 W. 13th Street, Nettie Lee Morgan, owner; 00 -05, 1108 Holly Ave., Jamie Flagler, owner; and 00 -07, 3051 Narcissus Ave., Associated Financial Services Co., Inc., owner. Mr. Rowe reported that Staff recommends the City Commission find the referenced structures unsafe, dilapidated, unsanitary or uninhabitable, and condemn said structures; and to give the owners thirty (30) days to repair or demolish; if property owners fail to effect such demolition and removal or repair within said thirty (30) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. Vice Mayor- Commissioner Eckstein reported the Commission would hear from those persons present to speak in favor of, or in opposition to, 1324 Oleander Avenue; 1406 W. 13th Street; 1108 Holly Avenue; 3051 Narcissus Avenue. No one appeared. Commissioner Lessard moved on Staffs recommendation. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Condemnation Status Report, Community Development Director Charles Rowe reported there are no recommendations to be made. First reading of Ordinance No 3553 to annex 23.7+ acres of properly lying between Seminole Boulevard and Narcissus Avenue and between Riverview Avenue and Rachelle Avenue (2385 W. Seminole Boulevard)(Venetian Bay); Michael Murray, Westlake Shores LC, applicant. Recommended by the Plans Review Committee, the Director of Engineering & Planning, and the City Manager. Ordinance No. 3553 was read by title. Commissioner Eckstein reported the Commission would hear from those persons present to speak in favor ot; or in opposition to, Ordinance No. 3553. Rick Fordham, 498 Palm Drive and Betty Giles, 450 Riverview Avenue, were present to speak in opposition to the annexation. Mr. Fordham said that the general description of the property to be annexed appears to include his property and he wasn't aware his property was going to be annexed. He spoke with Staff at the County Services Building who said they had no prior knowledge of the annexation. He understands there is an agreement between the City and the County that the County is to have prior knowledge of an annexation. Also, there is a meeting on August 23 with the City Planners regarding the property. He was told to make a recommendation to the Commission that this item be put off until that meeting was held. Jay Marder, Director of Engineering & Planning, reported the annexation is before the Commission for first reading of the ordinance. There is an agreement with the County to provide notice of an annexation but he is not aware of the exact date when the information was sent, that it is handled by the City Clerk's MINUTES 7:00 P.M. Regular Meeting August 14, 2000 City Commission, Sanford, Florida office. The County has been provided information regarding the proposed land use change of the property; the Public Hearing was originally scheduled for today but was rescheduled to August 28. More than six hundred notifications were mailed. Mr. Marder said land uses and zoning are normally not considered at the time of the first reading of the annexation ordinance. Nothing was done out of the ordinary. City Attorney Colbert added that the item on the Agenda tonight regards acting on the petition of the affected property owners or people speaking on their behalf and those property owners are: R. M. Rosemond Trustee, Ann T. Esterson and Henry J. Shumacher, Jr., Thomas A. and Johnny W. Youngblood and Shelby J. Box, Joyce F Baker and Charles D. Baker, and Ann J. Nichols; those are the only parcels involved and those people have requested annexation. Florida Statutes permit voluntary annexation by property owners who request annexation. This evening the Commission will either act to approve the first reading of the ordinance or continue it. There will be a Public Hearing on August 28 and an opportunity will be given to receive input and make a final decision once all the data is received, including a report from Seminole County. Mr. Marder clarified that the information in the paper and the Agenda gives a general description that includes Riverview Avenue. Mr. Colbert said the description of the property is a 23.7 acre "portion of that certain property" located in that general area. The legal description does not include Mr. Fordham's parcel. Ms. Giles said she and Mr. Fordham were present to ask that the Commission consider waiting until after the August 23 meeting between the County and City Officials and planning and development engineers when issues regarding how the project will affect their area of one hundred homes on fifty -foot lots will be discussed. City Attorney Colbert reminded the Commission that tonight the Commission is considering annexation of the property and if annexed, then the City will address zoning and comprehensive plan issues; if not annexed the issues will be deferred to Seminole County. Doreen Freeman, 705 Mellonville Avenue, reported she was at the meeting of the Planning & Zoning Commission when this property was discussed. A representative of the County was also present and expressed concern regarding the density being changed and that is why there is a meeting on August 23. She encouraged the Commission to table this item until after the meeting with the County. Commissioner Williams asked for clarification that the Commission was only acting on the annexation tonight, not density or anything else, and if after second reading the annexation is approved, then the property owners can request a land use change and if the Commission decides to not approve whatever is presented by the contractor, then they have done so at their own risk. City Attorney Colbert replied, `yes." He further clarified this item is for annexation only and a comprehensive plan, zoning, site plan approval for development, and platting are all separate issues and addressed at different times. Commissioner Lessard moved on the first reading of Ordinance No. 3553, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A 23.7 ACRE PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SEMINOLE BOULEVARD AND NARCISSUS AVENUE AND BETWEEN RIVERVIEW AVENUE AND RACHELLE AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones. Commissioner Lessard said that Mr. Marder and Staff needs to get together with the County on this item and make sure everything is in order before second reading of the ordinance. To answer Commissioner Williams' question whether there has been deviation from the norm regarding this annexation, Mr. Marder said no, and there will be a sm 19— 470 MINUTES 7:00 P.M. Regular Meeting August 14, 2000 City Commission, Sanford, Florida statutorily required publication of the notice of public hearing and second reading of the ordinance and a map published in the newspaper. It has nothing to do with zoning or planning designations. The motion was carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Agreement with Utility Inc of Florida for their purchase of wastewater treatment service from the City of Sanford Mike Crumpton, Utility Engineer, reported that Utility Inc. of Florida provides wastewater treatment service to their customers in the Lincoln Heights and Ravena Park Subdivisions located west of Airport Boulevard and north of Country Club Road. The extension of the expressway and the realignment of Airport Boulevard will impact their existing treatment facility. The recommendation of Mr. Moore, Utility Director, is that the Commission approve the Agreement with Utilities Inc. of Florida for the City to sell wastewater treatment service. Utilities Inc. will pay the City's current impact fee for existing connections (approximately a half million dollars) and the rate in effect at the time for the fixture connections, and will also pay a monthly bill (approximately $7,400) based on the flow pumped to the City's system which will be less than 100,000 gallons per day and will be billed at the outside City rate. Utilities Inc. will abandon their old treatment plant and construct a new pump station that will pump their flows north on Bevier Road to the intersection of Jewett Lane where the City has a large diameter gravity sewer line. The City's sewer collection system on Bevier Road was designed to handle the flows from this area. The City's Business Plan recommends acquiring the flows from the Utility Inc. treatment plant. Upon recommendation of the City Manager, Commissioner Lessard moved to approve the Agreement with Utility Inc. of Florida for their purchase of wastewater treatment service from the City of Sanford. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Rftuest for Dance Hall at 2481 Park Avenue and authorize issuance of occupational licensed through FY 00/01 with renewal for FY 01/02 and thereafter subject to City Commission approval. Charles Rowe, Community Development Director, reported that a request for a dance hall permit was received from Mr. Willie Rumph, owner of the Bee Hive Teen Center. Section 18 -12 of the City Code requires City Commission approval of dance halls and authorization to issue an occupation license. Mr. Rowe recommended City Commission approval, with the understanding that occupational license renewal for FY 01/02 and thereafter is subject to City Commission approval. Mr. Rumph was present to answer questions of the Commission. Commissioner Williams asked what is currently being operated at the location. Mr. Rumph said it is currently a game room for youth between the ages of 13 to 17 and has been in operation approximately 30 days. He is awaiting approval of the dance hall permit before he proceeds with the game room. He will pay a Sanford police officer to provide security. He has spoken with Chief Tooley and a Captain and Deputy Sheriff Harriett and all are supportive. Commissioner Eckstein said young people tell him there is nothing to do and he is interested in young people having something to do and supports the idea of the dance hall but expressed concern regarding the hours of operation on Friday and Saturday being until 12:30 A.M., because there is a curfew of 11:00 for children aged 12 to 17 and he doesn't want them hanging around. Although he doesn't think Stooges' patrons will be a bother, he doesn't want them to mess 19— MINUTES 471 City Commission, Sanford, Florida 7:00 P.M. Regular Meeting August 14, 2000 19— around with the young people that may be in the parking lot. Chief Tooley said that time seems late to him but is willing to give it a chance and to evaluate it as time progresses. Mr. Rumph said children will be dropped off by their parents and will be required to stay inside the building. There will be a sign in sheet. There will be three security personnel as well as one Sanford police officer. Commissioner Williams said she is also concerned about the hours of operation being until 12:30 A.M. but the reality is that if the children are not at the dance hall they will be somewhere else, and it is ultimately the parent's responsibility to dictate how long they stay. She said it is an excellent concept and encouraged the Commission to strongly support it. She recommended that Mr. Rumph develop a strong working relationship with the Police Chief and that the dance hall be monitored for a while. Commissioner Jones said that residents that live on Park Avenue in the neighborhood directly behind the area of the dance hall have expressed concern about the overall supervision and that once the dance hall closes there will be young people wandering through the neighborhood; they didn't want them to be able to come and go at will. Mr. Rumph said he and the officers will be the last ones to leave and he will make sure the children will be picked up and will give a ride home if necessary. Commissioner Jones expressed the same concern as Commissioner Eckstein regarding Stooges. Mr. Rumph said the children will not be allowed to be in the area of Stooges and that security will patrol the parking lot. Security will be posted in different areas ofthe building, including the bathrooms. The children will be required to have identification and there will be a sign in and out sheet. No one will be allowed to hang out outside under any circumstance. There will be separate areas for dancing and one for lounging; there will be plenty of chairs to sit and drink soda in the air conditioning. Commissioner Lessard said his concern regards the parking lot across the street from the dance hall and the potential for people to cruise by, and doesn't want it to become a hang out area. In response to Commissioner Lessard's question regarding capacity of the building, Mr. Rumph said 180; there is 2,700 square feet. He said as more children begin to attend, there will be more security added. Commissioner Jones recommended that Mr. Rumph keep in touch with Chief Tooley. Mary Greenwell, 2109 Magnolia Avenue, reported she lives next door to Mr. Norman Pash, operator of Stooges, and at Mr. Pash's request she read a statement from him given to her over the phone which says the newspaper article misquoted information regarding the wall that separates the teen center from Stooges, that there is only one eight -inch wall that separates the businesses and there are not extra businesses between. She read the statement given to her by Mr. Pash, "The principles of Stooges have no objection to the dance hall/teen concept but feel it is awfully close to an establishment that sells liquor. They feel that the man developing the teen center has the noblest of intentions but that a church hall or school would be more appropriate. They are concerned about what may happen in the parking lot." Ms. Greenwell said she thinks the concept is wonderful and that the City should participate in some way. Monarcha Marcett, 801 S. Park Avenue, reported she lives fiuther down from the dance hall and is not impacted by the location. She is the mother of teen age boys and would not allow them to attend an activity that lasts until 12:30 A. M. even if it was supervised. She asked if the City would require Mr. Rumph to have a chauffeur's license to transport children home from the center. Mary Hawver, 2209 S. Magnolia Avenue, reported she thinks the dance hall is a good idea for the children, but that it is not a good location; it is very hard to get in and out of the intersection. Additionally, Vivona's Restaurant sells beer, the corner store sells cigarettes and beer, and Stooges sells alcohol, and said the children are being put in a very tempting situation. At the rear and to the side of Vivona's you have to go down a hall to go to the restroom, and there is Stooges. She 472 MINUTES 7:00 P.M. Regular Meeting August 14, 2000 City Comrission, Sanford, Florida 19- E718672 asked who is going to chauffeur the children to and from the restroom and in and out of the hall, and asked where the exits from the building are located. Mr. Rumph said he has restrooms inside his building and there are five exits, not two. The corner store closes at 9:00, and Vivona's closes at 10:00. Commissioner Lessard said he discussed the same concerns as Ms. Hawver with Mr. Rowe. If the building meets the fire code and if it is policed well, it is Mr. Rumph's job to make sure it works. Commissioner Williams said that in order for him to get the game room license the building had to pass certain inspections. Mr. Rowe said an inspection was done by the Building Department and the Fire Department. If the dance hall is approved tonight, there will be another inspection done by the Fire Department regarding occupancy load. Mr. Rowe read City Code Section 18 -12(b) that every dance hall shall be conducted in an orderly manner and shall be subject to regulation by the Chief of Police as to hours of operation. The Police Chief has the authority to regulate the hours of operation if 12:30 A.M. becomes an issue. Patricia Dowdy, 508 Grandview Avenue N., reported that she and her husband have known Mr. Rumph a long time and have insured a lot of his ventures and that Mr. Rumph consulted with her husband regarding his insurance. She said that as soon as the dance hall is approved his insurance is in place. In response to Commissioner Jones' question regarding Mr. Rumph transporting children home, City Attorney Colbert said that Mr. Rumph would have his own insurance and a chauffeur's license is required if the transportation is for hire or if the passengers exceed fourteen, under Florida regulations. On recommendation of the City Manager, Commissioner Williams moved to approve the-dance hall as recommended. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Adoption of Resolution No 1849 amending the Classification and Pay Plan to reclassify one (1) Maintenance Worker H position to one (1) Maintenance Worker I position within the Utility Department/Plants Division Resolution No. 1849 was read by title. On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1849, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA TO PROVIDE FOR PERSONNEL - RELATED REVISIONS TO BE INCORPORATED INTO THE AUTHORIZED POSITIONS OF THE "CLASSIFICATION AND PAY PLAN" TO PROVIDE FOR THE RECLASSIFICATION OF ONE (1) MAINTENANCE WORKER II POSITION TO MAINTENANCE WORKER I IN THE UTILITY DEPARTMENT/PLANTS DIVISION PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Board appointment. Historic Preservation Board. City Clerk Janet Dougherty reported there is a vacancy on the Board due to a resignation: Commissioner Lessard moved to appoint Alexander Then to the Board. Seconded by Commissioner Williams and carried by " vote of the Commission as follows: Commissioner Eckstein Aye Comrissioner Williams Aye V18672 MINUTES City Commission, Sanford, Florida 7:00 P.M. Regular Meeting August 14, Commissioner Lessard Aye Commissioner Jones Aye Consent Agenda. On recommendation of the City Manager, Commissioner Lessard moved as follows: 473 2000 19— Approve Revised Memorandum of Agreement with FDOT for the Seminole County Expressway Project 2, Section 1. Approve Amendment No. 43 to CPH Engineers agreement for engineering services during construction of Lake Mary Boulevard Phase III, not to exceed $90,775; to be funded by an SRF loan. Approve Amendment No. 44 to CPH Engineers agreement for engineering services during utility relocation work on Sanford Avenue, not to exceed $29,665; to be funded from Utility Reserves. Approve waiver of fees associated with Community Health Fair and Picnic Special Event on August 26, 2000, sponsored by Sweet Harmony Order of Eastern Star #388: $42.80 pavilion rental and $100 clean-up bond. Approve payments made during the month of June 2000. Approve City Internet Policy. Commissioner Lessard requested that upon return of Mayor Dale the Commission address the issue of waiving the $100 clean up bond, however, the request of the Community Health Fair should be approved. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Add -on items. Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye There were no Add -on items. City Attorney's Report. No report. City Clerk's Report. City Clerk Janet Dougherty distributed the Agenda for the Budget Work Session on August 17, 2000. City Manager's Report. Deputy City Manager Roger Dixon distributed a Police Department report to the City Commission. City Commissioners' Reports. Commissioner Eckstein - no report. Commissioner Williams - no report. Commissioner Lessard - no report. Commissioner Jones - no report. There being no further business, the meeting was adjourned. /Attest: k i� t y Clerk �