Loading...
092297 ws/rm min.E405354 MINUTES City Commission, Sanford,' Florida WORK SESSION September 22 1997 The City Commission of the City of Sanford, Florida met in Work Session on Monday, September 22, 1997, at 3:30 o' clock P.M. in the City Manager' s Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard 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. Release of tape from Police CommunicatiOns. Mayor Dale reported that a tape from Police Communications had been released to the press, and there had been implications in the Sanford Herald that H. L. "Lynn" Stogner participated in a telephone call with Mayor Larry Dale. The phone call allegedly took place in March, 1997. It was alleged that a voice on the tape was that of Mayor Dale. Mayor Dale reported that it was not his voice on the tape. A press release from Mr. Stogner was distributed to the Commission. In the press release Mr. Slognet acknowledges that a phone call took pIace, Mr. Stogner categorically denies that Mayor Dale participated in this phone call. The call was placed from Mr. Stogner' s office and comments attributed to Mayor Dale are actually believed to be of a co- worker. Mail procedures. Mayor Dale asked Diane Crews, secretary to the Mayor and Commission, to brief the Commission on how the mail is handled. Diane reported that the mail is picked up by Josie Hood at the Post Office and brought to City Hall. It is then distributed in mail boxes by Kenna Bee[ Diane gets the Mayor's and Commissioners' mail around 9:30 a.m., sometimes later if she gets tied up. Any mail that is addressed to an individual Commissioner is put in their box in the City Clerk's office. Anything that is addressed to the Mayor and City Commission Diane opens with the Mayor' s marl, stamps it and makes copies and puts them in the Commissioners' boxes (this is all prior to Mayor Dale seeing any mail). If faxes come in they are handled the same way, unless they are time sensitive, and then the Commissioner or Commissioners are called and informed of the fax. Sometimes it is faxed to the Commissioners' homes. Mayor Dale usually carbon copies everything to City Manager Simmons. Mayor Dale reported the purpose of Diane explaining this process was that allegations were made that the Mayor was holding up the Commissioners' mail. There was a letter, which was addressed to City Manager Simmons, from the Airport Authority, dated and hand delivered to City Manager Simmons on September 15, 1997, just a short time before the City Commission meeting. The letter indicated there was a memorandum enclosed to be provided to the City Commission at their meeting of that day (September 15, 1997). Attached to this letter were five memos which were distributed in the next agenda packet on September 17, t997. Mayor Dale was given his copy became be was in his office at the time. City Manager Simmons explained that according to this letter the memos were to be given to the Commissioner' s that day, but there were some concems City Manager Simmons wanted to research so he could better answer questions regarding the memo. Mayor Dale asked City Manager Simmons what was going on and he tried to call Steve Cooke of the Airport Authority. Mr. Cooke was out of town. He then tried to call Steve Coover and he, too, was unavailable. The decision was made by Mayor Dale and E40S354 I MINUTES City Commission, Sanford, Florida WORK SESSION September 22 1997 City Manager Simmons not to distribute the memo to the Commissioners until the next agenda packet went out on Wednesday, September 17, 1997. Commissioner Eckstein was concerned that other people knew the letter had been delivered to City Hall for distribution and the Commissioners were not given the letter, or informed it existed, until after the press and other people knew about it. Mayor Dale reported he has never, and will never, intercept the mail of the Commissioners. Violation of enabling legislation in regards to the Airport. Bill Royster, City Auditor, reported he had called the Auditor General' s office and was told that the Airport Budget was to be submitted in detail to the City Commission. Also it shall be amended only by the City Commission (by the same process as it was adopted). It was fih-ther confirmed that the budget can be amended if and when new funds are received, such as grants, but that money cannot be expended until it has been appropriated. Mr. Royster reported when the City Commission adopts the Airport Budget it becomes fixed, and according to the enabling legislation, the Airport Authority Board is not able to exceed appropriations (expend or contract expend an amount in excess of the appropriation). The Auditor General 's interpretation is that when they ask for a detailed budget and then refer to an item in a later section, they are still referring to the detailed budget. Mayor Dale reported that the intent of the enabling legislation was for the Commission to have a joint meeting every year with the Authority to create the budget, and the Commiision has not been doing that. Steve Cooke reported that they forward the budget each year to the City' s Finance Director for input, and then they respond to that input before the budget is brought before the Commission. City Attomey William Colbert reported that there had been a meeting between himself, the Airport Authority Attorney Mr. Coover, the Airport Authority Auditors and the City Auditors, Mayor Dale and Steve Cooke on September 5, 1997, and they all reached an understanding of what would work for the City and the Authority within the legislation. This would include the City and the Airport Authority meeting in joint session at least once at budget time to review the budget, and it would include that once the budget has been adopted by the City Commission, if there are amendments to the budget, that the Authority would come back to the City for the amendment process. It would also include that within 30 days of the end of the fiscal year final amendments would be made subject to final audit of the books. The Commission concurred that Mr. Cooke accept a DCA Grant with final approval of the grant by the Commission at a later date. Mr. Royster continned that he and the Airport will fmalize the Memorandum of Understanding and recommend it and the level of detail to the City Commission. Proposal for final engineering plans of the 1st Street drainage system from Conklin, Porter and Holmes Engineers, Inc. City Manager Simmons reported that the reported design costs are in order. City Manager will recommend approval of this proposal. [Mayor Dale left the meeting briefly during the discussion, then remmed.] Letter of proposal from Conklim Porter and Holmes Engineers, Inc. increasing their fee by $15,1}00.00 for additional engineering services to Amendment No. 42,. Aerobic Digestion System improvements. City Manager Simmons reported the work CP&H did on this was expanded considerably in order to consider other altematives before arriving at the final design that .was authorized by the Commission at its last meeting. E405354 MINUTES City Commission, Sanford, 'Florida WORK SESSION September 22 Fort Mellon Park Development propOsal and letter a~reement with PRA. City Manager Simmons reported he spoke with Donna Mclntosh in the City Attomey,s Office about some type of an agreement which would give PRA the fight of first refusal, or some other similar designation, which could induce them to move forward in the planning and feasibility stages, and possibly a final design. He discussed with Ms. McIntosh the possibility of a long term land lease. City Manager Simmons requested the City Attorney' s office obtain a title search for all of the City' s Fort Mellon property between Sanford Avenue and San Juan Avenue to identify any possible encumbrances to our ability to make a deal for some type of public/private use of a part of the park. That title search will not be completed for another week or two. City Attorney William Colbert reported the rifle search will identify if there are restrictions in the title that restrict its use to a certain thing to the exclusion of all others, or provide a forfeiture of title if the City uses it for anything but a park. Another issue is whether the City can enter into a long term agreement without proposals or going through a bidding process. City Attorney Colbert reported that if the Commission would like to do that, it is legal. If the Commission would decide to enter into an agreement with one person the form of the agreement is what would be important. In the form of that agreement the Commission cotrid go so far as to say the City would deal with them for a certain amount of time, reserving the fight to determine at any point in the process that the City wants to cease those negotiations and move elsewhere. This could be in the form of a Letter of Understanding. Mr. Pacetti of PRA was informed by Mayor Dale that all the citizen groups the City has met with has given an overwhelming positive response to the project. Mr. Paeetti reported PRA needs some assurance that the Commission will not go with someone else, within a certain time frame, after PRA has started through the feasibility and design stages. He felt the feasibility study would take approximately eight weeks with appraisal, the design phase would take another one to two months and local approvals for financing and site plan would take about twelve to eighteen months (per City Attorney) if it does not include the waterfront. The Commission concurred that City Attorney Colbert continue to work on the title search with PRA and on the Letter of Understanding and come back to the Commission at a later date. The Commission concurred. Appointment of Law Enforcement Options Committee. Copies of various applications received by Staff and Commission were distributecL The Commission concurred that Commissioner Willjams would serve as the Commission representative on the new Law Enforcement Options Committee. Each Commissioner discussed candidates they would like to nominate for appointment to the Committee. It was decided that each Commissioner would appoint three members to the Committee at tonight's regular meeting. Jan Dougherty, City Clerk, reported that each Commissioner had received on the table at the beginning of the Work Session a copy of a Resolution enacting the Law Enforcement Options Committee. This Resolution may be changed before adoption. _ There being no further business, the meeting was adjournedL~ Attest: E40~354 MINUTES City Commission, .Sanford, Florida REGULAR MEETING September 22~9 97 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, September 22, 1997, at 7:00 P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty Public Hearine to fmalize and adopt Annual Budget and Capital Program for Fiscal Year October 1, 1997 to September 30, 1998. City Manager Simmons reported this Public Hearing was advertised on September 7, 1997 as required by City Charter Section 5.05(c), and September 18, 1997 as required by the State of Florida TRIM Act. He announced the proposed millage rate of 6.8759 exceeds the rolled-back rate by 6.09%, and this is necessary for the City to provide continuing level of City Services in the face of inflation and to meet increased demands for service. Mayor Dale reported the Commission would hear from anyone wishing to speak for or in opposition to the proposed millage and announced that the Public Hearing will remain open during the Commission' s deliberations and actions. No one came forward. Commissioner Lyons moved to adopt Resolution No. 1762, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORID& DETERMINING THE AMOUNT AND FIXING THE RATE OF TAXATION AND MAKING THE ANNUAL TAX LEVY FOR THE FISCAL YEAR 1997-1998, FOR THE CITY OF SANFORD, FLORtDA. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lyons moved to adopt Resolmion No. 1763, emitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, ADOPTING A BUDGET OF REVENUES AND EXPENDITURES FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER I, 1997 AND ENDING SEPTEMBER 30, 1998, AND CAPITAL BUDGET. Seconded by Commissioner Williams and carried by vote of the .Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to adopt Ordinance No. 3360, re: making appropriati0fiS for FY97/98 Operatint Bu.dge~, Ad published September 11, 1997. Mayor Dale announced that the Commission would hear from those persons to speak in favor of, or in opposition to, the adoption of Ordinance No. 3360. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3360, emitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& MAKING APPROPRIATION FOR THE CITY OF SANFORD, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998, PROVIDING FOR E405354 MINUTES City Commission, Sanford, 'Florida REGUbAR MEETING Sep[ember 22 19 97 SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lyons moved to authorize the City Manager to approve the transfer of budgeted funds within departments, offices, or agencies during FY 98, as minor adjustments become necessary. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale closed the Public Hearing. Chief Di!lard's report on s~tus of POlice Department chan_oes. Chief Joseph Dillard, along with Commander Bill Hasson and Sergeant Danel Presley, reported on the progress made in the Police Department. Sergeant Presley distr/buted booklets to the Commission. ChiefDillard reported that a copy of their Mission Statement was included in the booklet and read as follows: In parmership with the citizens of Sanford, the Sanford Police Department is committed to the protection of life and property against crime, the preservation of peace and order, the safe movement of traffic, the identification of causes and reduction of the fear of crime and social disorder, the use of proactive methods through problem solving tactics and Community Police Partnerships, and provisions of emergency services for the citizens forming the Community of the City of Sanford. ChiefDillard reported they have reviewed the results of the Consultant' s recommendat/ons, and within those recommendations have devised a plan of attack in reorganizing the Police Department. The way they see the concepts of Community Policing are discussed in the booklets which were distributed by Sergeant Presley. Sergeant Dan'el Presley reported that the progress and the willingness that all members of the Police Department have to press forward with improving the department should be recognized. The key element in the changes that have come about involve employee participation in what goes on in the Police Departmera, and that is a key element in what goes on with the Commurt/ty Policing. One of the Committees that has been formed is the Staff Committee, and that Committee came up with the organization structure, the recommended departmental staffing, and is made up of nine permanent members, but any member of the Police Department can sit in on the meeting and have a voice, as well as the other Committees which have been formed. The a_n_e~ for this particular Committee' s meetings averages about twelve to fifteen. One of the main goals in forming the Committees is to have as many people, everyone if possible, in the Police Depamnent actively participate in the decision making process. They are acx~mplishing that. Sergeam Presley reported they are all very committed to these changes, and they are going to succeed. Commander Bill Hasson reported the Staff Committee which he is on looked over the Consultant's recommendations and decided to start putting some of the Consultant' s plans into implementation. They are working with MINUTES City Commission, Sanford, Florida REGULAR MEETING September 22 the assumption that the Commission will decide to work on Plan A and plans that they have are based on that assumption. Commander Hasson reported they have had about four or five meetings with input from everyone in the department, and the Committee hashes out all the input while the people are still there. There are disagreements and arguments and it is not easy, but it is being done. The Community Policing is going to be the hardest change they have to make, but they are pushing to do that. Brochures on Community Policing have been distributed among the members of the Department and they have been informed that this is the way things are going to be in the future. He reported that they have been working under the assumption that what they were doing was correct, and no one has ever come to them in this type and forum and told them that they need to make changes. Now someone has told them and they are willing to work at making those changes. Chief Ditlard reported besides the Staff Committee they have formed a Policies Review Committee to update their policies and procedures and they are updating some antiquated roles and regulations that they have in their Department. They also have formed an Employee Committee which has yet to meet. Also they have incorporated a program called Buddies in Blue, which is a way they can reach out to the Community in a Community Policing manner to form that coalition or partnership with the Police Department and the Community. The employees have made several other suggestions of ways they can reach out and be involved in the Community. Mayor Dale thanked Chief Dillard, Sergeant Presley and Commander Hasson for coming before the Commission and keeping them informed of their progress. Commissioner Eckstein recommended that before significant changes are made by the Police Department they come to the Commission and inform them before it is common knowledge. Mayor Dale reported that the Citizen's Advisory Board will hold their next meeting on Wednesday, October 8, 1997 at 7:00 p.m. in the City Commission Conference Room. Citizen Participation. No one came forward. Approval of Commission Minutes for the September 8. 1997 Work Session. Commissioner Lessard moved to approve the minutes of the September 8, 1997 Work Session.. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearinl~ to consider second readinl~ and adoption of Ordinances. A. Ordinance No. 3359, re: rezoning a portion of the property between 13th Street (Celery Avenue) and East 14th Street extended easterly and between Valencia Court East extended northerly and Mellonville Avenue. City Manager Simmons reported Staff has requested this Ordinance be tabled until the October 13, 1997 meeting. There was not enough time between last meeting and this one to get legal advertisement in the paper for this rezoning. Commissioner Lessard moved to table Ordinance No. 3359 until the October 13, 1997 meeting. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: FAO5354 MINUTES City Commission, Sanford, I Florida REGULAR MEETING September 22 77 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye B. Ordinance No. 3361. Commissioner Williams moved to adopt Ordinance No. 3361, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3312, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE OCTOBER 4, 1997; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Mayor Dale reported the Commission would hear from anyone who wished to speak for or in opposition to this Ordinance. No one appeared. City Manager Simmons reported that the City and the FOP met in a collective bargaining session as required by the two year agreement that we have for a wage reopener associated with the beginning of the forthcoming fiscal year, The FOP has agreed that the pay plan for the FOP will be effective October 4, 1997 as is written in Ordinance No. 3361 for the amended classification and pay plan. The motion was seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Watercraft donated for water rescues. Assistant Fire ChiefRon Neel reported that Yamaha of Leesburg Florida has donated two personal watercraf~ to be utilized in the water rescue efforts, probably some time this week, and thanked Mayor Dale for his efforts in getting this donation. Extraordinary Work by Police Officers. Commissioner Eckstein requested that Police Chief Dillard report to the Commissioners, in writing, when anyone in the Police Department does extraordinary work or should be commended in any way. This was done in the past, and Commissioner Eckstein requested that this policy be continued. Commissioner Williams added that when a Police Officer is rewarded by a club or group in the Community, he should also be recognized by the Commission. Public Heating to consider second readinL' and adoption of Ordinances. C. Ordinance No. 3362. Mayor Dale repOrted the Commission would hear from anyone who wished to speak for or in opposition to Ordinance No. 3362. No one appeared. Commissioner Williams moved to adopt Ordinance No. 3362, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3324, TO DELETE SECTION 8.1 OF THE CITY'S PERSONNEL RULES AND REGULATIONS AND ADOPTING AN AMENDED SECTION 8.1; PROVIDING FOR SEVERABIl JTY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye ~05354 City MINUTES Commission, Sanford, Florida REGULAR MEETING September 22 m 97 Commissioner Lyons Aye D. Ordinance No. 3363. Mayor Dale reported the Commission would hear from anyone who wished to speak for or in opposition ro Ordinance No. 3363. No one appeared. Commissioner Lyons moved to adopt Ordinance No. 3363, 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 PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN W. S.R. 46 AND OLD LAKE MARY ROAD AND BETWEEN AIRPORT BOULEVARD WEST AND RIDGEWOOD AVENUE, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Fint reading of Ordinance No, 3364 Re: adopting amendment to FY 97/98 & FY 96/97 Cl0ssification and Pay Plan to provide for a temporary (additional) building official position. retroactive to July 26. 1997. City Manager Simmons reported that the City Building Official, Gary Winn, suffered a serious accident on July 25, 1997 and will be out of work for at least two more months. The State laws are very rigid as to who can be assigned and function as a building official. The City has only one person who has the qualifications to serve as Building Official in Mr. Winn's absence, the Chief Building Inspector, Dan Florian. Mr. Florian immediately starting filling in as Acting Building Official and it has been determined that while he is doing the job he should get the pay. Commissioner Lyons moved on the first reading of Ordinance No. 3364, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3361 TO PROVIDE FOR THE TEMPORARY AUTHORIZATION (NOT TO EXCEED SIX (6) MONTHS) OF A "BUILDING OFFICIAL" POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT RETROACTIVE AND EFFECTIVE FROM JULY 26, 1997; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hating to consider the Appeal of a Denial. by the Planning and Zoning Commission, of a Conditional Use request for the purpose of establishing alcoholic beverage sales (beer and wine) for consumption on the premises for property located at 1410 W. 13th Street. Mayor Dale opened the Public Hearing to consider the Appeal of a Denial, by the Planning and Zoning Commission, of a Conditional Use request for the purpose of establishing alcoholic beverages sales (beer and wine) for consumption on the premises for property located at 1410 W. 13th Street in a GC-2, General Commercial zoning District. Ad published September 11, 1997. Property posted September 8, 1997. City Attomey Colbert reported this is an appeal and not a new heating. The Commission is bound ~y the record made before the Planning and Zoning Commission, that record includes a Notice to Appeal, the Conditional Use Application, the Map, the Diagram of the Neighborhood, and the Planning and Zoning Meeting Minutes of July 3, 1997. If the~,. is anyone CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION TO DENY THE REQUEST FOR A CONDITIONAL USE FOR THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE) FOR CONSUMPTION ON THE PREMISES RE 1410 WEST 13TH STREET, SANFORD, FLORIDA. The City Commission based on the clear and convincing evidence contained in the record before the Planning and Zoning Commission (P&Z) on July 3, 1997, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 1410 West 13th Street, Sanford, Florida, is located in a GC-2, General Commercial, Zoning District. (2) That Alcoholic Beverage (beer and wine) Sales for Consumption on the Premises are permitted in GC-2 zoned property only after approval of the Conditional Use by the Planning and Zoning Commission and approval by the City Commission in accordance with Schedule B., Permitted Uses, Development Regulations. (3) (4) of the City of Sanford Land That on July 3, 1997 the P&Z denied the Conditional Use. That the record and testimony presented, including parking, arrest records, and activities of that nature, show that the health, safety and welfare of the public would be adversely affected by this additional business in this area. CONCLUSIONS OF LAW (1) This commission finds that the health, safety and welfare of the public would be adversely affected by the additional business in this area, i.e., approval of the Conditional Use for the Sale of Alcoholic Beverages (beer and wine) for consumption on the premises at 1410 West 13th Street. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request for approval of the Conditional Use for the Sale of Alcoholic Beverages (beer and wine) for consumption on the premises at 1410 West 13th Street is denied and the decision of the P&Z of July 3, 1997 is upheld. Attest: DONE AND ORDERED this 22nd day of September 1997. ay arry A. Dale I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Angella Laing, 6736 Callie Road, Orlando, Florida 32818, this ~g day of September 1997. MINUTES City Commission, Sanford, Florida REGULAR MEETING Sept, ernbeT 22 ~ ?___Z_7 representing the applicant who would like to speak to summarize the position without getting into any new matters they may do so. If someone from the Staff has anything to say in the way of summary they may present it. If anyone from the public, who may have been in attendance before, would like to make a point that was before the Planning and Zoning Board they may do that This is a review of the proceedings, and action would be taken on the records provided. The Commission is to make ,findings of fact, conclusions of law, and authorize preparation of an Order on whatever action they wish to take. Mayor Dale announced the Commission would hear from anyone who wished to give testimony. Commander Bronson of the Sanford Police Department reported be had requested, at the time of the Planning and Zoning Board hearing, that the request for on premise consumption be denied based on the problems with drugs at that location. He also reported there is an establishment next door that has an on premise consumption license, and it is less than 30 to 40 feet from the establishment requesting the Appeal. There is also another establishment directly across the street which has an on premise consumption license. Commissioner Eckstein asked for clarification stating that in the record provided to the Commission Commander Bronson had stated the Police force are neither for or against the license, which is contradictory to what he just stated. Commander Bronson agreed that the record, and not his recent comment, was correct. A. A. McClanahan, Jr., a Sanford attorney, reported there are two other locations nearby that have been approved for consumption on premises in the past, and they should have no greater right than the appellant to have the same approval. The state has already granted a license to the appellant, they are now only looking for a Conditional Use approval. They already have the fight to sell at that location as a package, and if someone is going to consume it they are going to be in the location where the other two establishments are. Therefore, it is not going to cause a greater disturbance because of consumption on premises at this location. On the contrary, you might find a greater disturbance being caused, and a greater likelihood of law violations, from the package sales where people might buy the product and go around in the area and consume it publicly. In addition, there have been allegations of drug activity. It is Mr. McClanahan' s understanding that one young man was arrested for a small amount of marijuana in that area; one person over a period of numerous months. Jay Marder, Director of Planning and Development, reported the applicant made application prior to the City' s adoption of the new set-backs for on premise consumption (before any of the 500 foot requirements came into effect). City Attorney Colbert reported the Commission can consider the testimony reflected in the minutes of the Planning and Zoning meeting in deciding whether to uphold or overturn the Planning and Zoning Board. Barbara Pope, owner of the property stated she used to have a game room at this location. It was determined that because she was not in attendance at the Planning and Zoning meeting anything she said would be new testimony, so she could not testify. Mayor Dale reported there appeared to be no more testimony and the Commission now needed to make Findings of Fact and Conclusions of Law, and authorize preparation of an Order. Commissioner Eckstein, based on the record before the Commission, moved to conclude that the health, safety and welfare of the public would be adversely affected by the business in this area, and the environment adversely affected. Mayor Dale passed the gavel to Commissioner Eckstein and seconded the motion, The motion was carried by role call vote of the Commission as follows: E405354 MINUTES City Commission, Sanford, Florida REGUUAR MEETING September 22 19 9---Z-7 Commissioner Wiltiams Aye Commissioner Lessard Aye Mayor-Commissioner Dale Aye Commissioner Lyons Nay Commissioner Eckstein Aye Proposal from Conkiln, POrter and Holmes Engineers. Inc. for final en~ineerin~ plans. permit applications, opinion of probable construction cost. and investigation of the 1st Street drainage system. City Manager Simmons reported this proposed contract will provide for preparation of final plans and specifications, permit applications, etc. for the contracting for the 1st Street downtown drainage interceptor. This work should be able to start a month or two after Christmas and hopefully be finished within about a year or less. A loan from the general cash reserves is requested to cover the cash flow on this engineering contract to be sure we don't get ahead of our receipts. This is an advance pending the sale of storm water bonds to cover both design and construction of this project and Mill Creek 3A-3B. Mr. Simmons recommended approval of this proposal. Commissioner Williams moved to approve the proposal from Conklin, Porter and Holmes Engineers Inc. for final engineering plans, permit applications, opinion of probable construction cost, and investigation of the 1 st Street drainage system. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Letter of proposal from Conklin, Porter and Holmes Eneineers, Inc. increasine their fee by $15,000 for additional engineering services to Amendment No. 42, Aerobic Digestion System improvements. Mayor Dale reported the Commission had been briefed on this issue during the Work Session earlier today. He also reported funds are available in the FY 97/98 budget for this item. Commissioner Eckstein moved to approve the letter of proposal from Conklin, Porter and Holmes Engineers, Inc. To increase their fee by $15,000 for additional engineering services to Amendment No. 42, Aerobic Digestion System improvements. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Police collective bar~ainin~ a~reement. This agreement is an amendment to the existing collective bargaining agreement which expires September 30, 1998. Commissioner Eckstein moved to approve the collective bargaining agreement. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Three DCA Weatherization Grant Program A. ereements. Commissioner Williams moved to approve the three DCA Weatherization Gram Program Agreements. E40~354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING September 22 1997 Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Modification and extension of contract with Quality vaults. Inc. for opening/closin_o of ~rave spaces at Sanford Municipal Cemetery. Commissioner Eckstein moved to approve the modification and extension of contract with Quality Vaults, Inc. for opening/closing of grave spaces at Sanford Municipal Cemetery. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner WiIliams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request for modification and extension of Cemetery Maintenance contract with The Bon Terre Group, Inc. Mayor Dale reported that The Bon Terre Group, Inc. is requesting a 5% increase in their annual contract for maintenance of the cemetery (from $40,355.88 to $42,373.76) due to the increasing cost of insurance, labor and gasoline. Funds are available for this increase and City Manager Simmons recommends approval. Commissioner Eckstgin moved to modify and extend the Cemetery Maintenance contract with The Bon Terre Group, Inc. Seconded by commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Letter of request, to remove speed bump to alleviate flooding in the 2700 block of South Park Avenue. Mayor Dale reported he has had some calls about this issue and not everyone in the area agrees. City Manager Simmons reported he, too, has had some conversations with the residents and he recommends that this action be tabled and Staff pursue seeking information from people within a 300 foot distance up and down the street, just as in the installation or removal of a street light. Commissioner Eckstein moved to table this issue. Seconded by Commissioner Lyons and carried by vote of the Commission as follows:. Mayor-CommissionerDale P~ye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Adoption of Resolution No. 1764. re: Commlmity Contribution Tax Credit ProCram. Commissioner Eckstein moved to adopt Resolution No. 1764, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, CERTIFYING THAT THE HOUSING PROGRAMS, INCLUDING THE WEATHERIZATION PROGRAM, OF THE CITY OF SANFORD COMMUNITY DEVE"I OPMENT DEPARTMENT ARE CONSISTENT WITH THE LOCAL PLANS AND REGULATIONS, INCLUDING THE COMPREHENSIVE PLAN, OF THE CITY OF SANFORD, FLORIDA. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: F_.405354 City MINUTES Commission, Sanford, Florida R E G U L A R MEETING SeptemDer 22 ~997 Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Witliams Aye Commissioner Lessard Aye Commissioner Lyons Aye Adoption of Resolution No. 1765. re: establishing a Law Enforcement Options Committee. Mayor Dale reported that it had been concluded at today' s Work Session that Commissioner Williams would serve as the Commission liaison for this Committee, and each Commissioner would appoint three members, making a total of 16 members. Also, that Section 1 of Resolution No. 1765 would read "not less than sixteen (16) members". Also, that under Section 1 the number of representatives from each category that are to serve should not be listed. Commissioner Lessard moved to adopt Resolution No. 1765, as amended, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA ESTABLISHING A LAW ENFORCEMENT OPTIONS COMMITFEE; DEFINING ITS DUTIES; PROVIDING FOR ITS DURATION AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williums Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein moved to appoint Commissioner Williams as the Commission liaison for this Committee. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Boards: appointments/reappointments. Law Enforcement Options Committee. Mayor Dale called for three nominations from each Commissioner. The nominations were as follows: Commissioner Lyons moved to appoint Michael Hoover, Bobby Von Herbulis and Bill Clayton. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Commissioner Eckstein Commissioner Williams Commissioner Lessard Commissioner Lyons Commissioner Lessard moved to appoint Aye Aye Aye Aye Aye Linda Kuhn, Dick Huber, and Fred Rogers. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein moved to appoint Greg Manning, Ron Russi and Harry Reid, as nominees of Mayor Dale. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: E405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING September 22 97 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein moved to appoint Bernard Brown, Timothy Hudson and Reverend Benjamin Adams as nominees of Commissioner Williams. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Williams moved to appoint Phillip Jackson, A. A. (Mac) McClanahan and Dennis Stewart as nominees for Commissioner Eckstein. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye ltistoric Preservation Board. Terms of Jerry W. Mills, Helen Stairs and Donald E. Moore expire October 28, 1997. Jerry W. Mills and Helen Stairs do not wish to be reappointed. Donald E. Moore does wish to be reappointed. Commissioner Eckstein moved to reappoint Donald E. Moore. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lessard moved to appoint Eline Ransom. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein moved to appoint Catherine E. Bossert, at the suggestion of Commissioner Lessm'd. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Sanf0rd Museum Board. Terms of Dr. John Morgan, George C. Scott and Doris Gormly expire November 4, 1997. Commissioner Lyons moved to reappoint Dr. John Morgan, George C. Scott and Doris Gormly. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale requested the Staff and Commission consider having a banquet for all our City volunteers. E405354 MINUTES City Commission, Sanford, Florida REGUI~/~F~ MEETING September 22 19.97 Recommendations from Plannine and Zoning Commission Meetine of September 4. 1997. No items requiting Commission action. Bid Tabnlation #IFB96/97-112. Mill Creek Year 3A (Public Works). City Manager reported this proposed bid will construct a retention pond in the south side of the Goldsboro school yard, and a small retention pond immediately to the west of the Goldsboro school yard. This is a portion of the Year 3 project; the other portion involves acquisition of approximately five acres of land further to the west, to allow us to meet the current stormwater retention/detention requirement, and to get the project down to 18th Street. This has been worked in coordination with the School Board. City Manager recommends approval with the understanding there will be a loan from the general fund reserves to be paid from storm water bond sales to be held late this calendar year or the first of next calendar year. On recommendation of the City Manger, Commissioner Williams moved to accept low bid meeting specs from Prime Construction Group, Inc. for the Mill Creek Year 3A Drainage Improvement project, as a. lump sum contract, in the lump sum bid of $574,700.00 for all work specified in the contract documents (Public Works). Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Consent A~enda. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williarns Aye Commissioner Lessard Aye Commissioner Lyons Aye A. Bid Tabulation #IFB96-97-110, Sanford Memorial Stadium Metal Storage Building (Recreation & Parks). B. Requests for payment of statements. ( 1 ) From Seminole County Schools for 5th installment of promissory Note entered into on January 29, 1993, in total amount of $89,299.62 (of which $10,966.62 is interest). (2) From Florida Environmental Assessments, Inc. For analysis and reporting, system maintenance and laboratory services in total amount of $18,315.00. (3) From Public Administration Service for consultant fees in total amount of $15,965.63. (4) From Muller, Mintz, Kornreich Caldwell, Casey, CrosIand & Bramnick, P.A. for services 8/13/97 through 8/29/97 in total amount of $138.00. (5) From Foley & Lardnet for services regarding City Coal Gasi~cation Plant in total amount of $2,734.66. Commissioner Eckstein moved to accept the lowest bid which met specifications from Emory Development in amount of $31,116.50 for item A, and to approve items B 1-5. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye E405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING September 22 ~997 Invoices paid during the period for previously approved lump sum contractS. The Commission acknowledged five invoices in total amount of $91,339.08 from Ardaman & Associates, Inc. ($1,539.55 and $410.43), Prime Construction Group, Inc. ($23,039.83), Ecotech Consultants, Inc. ($2,547.00) and H. C. Cormell, Inc. (463,802.27) which have been paid per City Commission approval on October 8, 1990 and November 5, 1991. City Attorney's report. No report. City Man~.er's report City Manger Simmons requested authorization for emergency water service for property located immediately south of the existing Food Lion store, The City has received an annexation petition signed by Gerald Gross which indicates he is the very recent purchaser of this property. Staff's check of the Seminole County Tax Records indicates a different owner. City Manager Simmons requests that Commission approve emergency water service with the understanding that Staff would verify that Mr. Gross is the legal o~mer before moving forward on this. commence. After verification annexation procedures can Commissioner Eckstein moved to approve emergency water service for property located immediately south of the existing Food Lion store as recommended. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager Simmons requested acceptance of the low bid meeting specifications submitted by Computer City in the amount of $108,256.64, which is less than the grant dollars available, to purchase lap top computers for the Police Department. by Computer City in the amount of $108,256.64. as follows: Commission Eckstein moved to approve the award on the low hid meeting specifications which was submitted Seconded by Commissioner Williams and carded by vote of the Commission Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager Simmons requested authorization to install sidewalks and replace an existing driveway at the Hopper Academy site in Georgetown. Commissioner Lessard reported that Rinker Concrete has donated the concrete to construct sidewalks at the Hopper Academy, and upon inspection it was decided that this sidewalk will extend about 75% down the block, and the City should continue the sidewalk on to Celery Avenue. This would be about 100 feet of new sidewalk for the City to construct. Jerry Herman reported this would cost approximately $200.00. Commissioner Williams moved to authorize Staff to install the sidewalk Seconded by Commissioner Lessard and carded by vote of the Commission as follows: E~053~4 MINUTES Cit7 Commission, Sanford, Florida REGULAR MEETING September 22 19.97 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager reported he has received a Letter Agreement from Jack Baldwin which would allow-him to include the City' s accumulated liens from the two code enforcement fines, and the amount of the utility which is owed, in the mount of $23,054.00, in an ongoing action which he has against Mr. Seesenm, if the City would agree to drop these two liens. City Manager Simmons has had this Letter reviewed by Finance to be sure the numbers are right in the case of the amounts of the two liens and the utility amounts due. City Attorney Colbert has reviewed the Letter and indicates that he considers it to be in a generally suitable form. City Attomey Colbert reported that the Letter of Understanding provides that the City and Mr. Baldwin' s client would share in the recovery less attorney fees, based on the respective amounts owed to each of them, so the City would get a pro-rata share of whatever is recovered after the expenses are paid off the top. If that is consistent with the City' s agreement, the letter is in appropriate form for action. City Manager Simmons reported if the City chooses to authorize Staff to proceed on this he also requests a vote to direct the signing of two Release of Lien documents, which are also ready to be signed, to close out the two liens. Commissioner Eckstein moved to authorized the signing of the Letter of Understanding with Mr. Baldwin, 'and also the signing of the two Release of Lien documents. Seconded by Commissioner Willjams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager Simmons reported he has received a request from Seminole Ford for a longer term use of the Movieland Drive-In for purposes of storing and displaying excess inventory (used cars). Previously the Commission has approved, with Staff recommendation, one or two (or three) weekend events. Since this appears to be an unspeci~ed time City Manager Simmons recommended the City Commission lake the position that they want this project to go through Conditional Use approval, which would normally be required for an automotive use at such an area, and not to approve any more short term uses. The Commission concurred with City Manager Simmons' recommendation. Commissioner Lessard reported that the first meeting of the Save The Drive-In Committee will be held this Friday at his house and everyone is invited. He would like to see an ownership group take over the Drive-In. City Clerk's report. No report.. City Commissioners' reports. Commissioner Eekstein. No report. Commissioner Willjams. Reported that a town meeting for D/strict 2 was held at the Boys and Girls Club Recreation Center on Saturday. City Manager Simmons was present and Commissioner Williams asked him to comment on the meeting. City Manager Simmons reported it was a good group and he appreciated the opportunity to present some up-to- date information on some of the City programs, including drainage. Chief DiIlard, Sheriff Eslinger, and the officers of B405354 'MINUTES City Commission, Sanford,' Florida REGULAR MEETING SeptembeT 22 19 97 Seminole Hope were also present. Commissioner Williams estimated approximately 60 or 70 people were present. She has a survey;that was filled out by each person that she will summarize. For the next tom meeting she would like to invite all the Commissioners and the Mayor and all other interested persons. Commissioner Lessard. Asked Diane Crews to remind him to send notes of appreciation to Jerry Mills and Helen Stairs for serving on the Historic Preservation Board. Commissioner Lessard reported he and Commissioner Williams have tried to brainstom as to how to get the property, which Golden Rule was trying to purchase, purchased and renovated either for not-for-profit or private purposes, Commissioner Lyons. No report. Mayor Dale. Reported he felt the City Commission is a strong Commission, and if they ever feel he is trying to spearhead the Commission he wants them to let him know. He also denied that he is trying to micro-manage department heads, as stated in the newspapers. City Manager Simmons reported that he is comfortable with the way the Commission and Mayor work and has not heard any complaints from department heads. Commissioner Eckstein reported he has heard that the Mayor seems to have an intimidating affect on the department heads, especially when he requests something and the department heads feel like they have to drop everything and do it right now. Mayor Dale reported that as time goes on the department heads will leam his personality, and he would appreciate it if they would tell him if he comes off as intimidatin& There being no further business, the meeting was adjourned. Mayor Attest: City Clerk