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102797 ws/rm min.City MINUTES Commission, Sanford, Florida WORK SESSION October 1997 The City Commission of the City of Sanford, Florida met in Work Session on Monday, October 27, 1997, at 4:00 o' clock P.M. in the City Manager' s Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Commissioner Whitey Eckstein, Acting Mayor Commissioner Brady Lessard Commissioner Kerry D. Lyons City Manager William A. Simmons City Clerk Janet R. Dougherty Absent Mayor-Commissioner Larry A. Dale Commissioner Velma H. Williams City Attorney William L. Colbert The Chairman called the meeting to order. Twin Lakes draft Developer's A~reement Bill Burkett of Burkett Engineering; Jim Hattaway, the developer's attorney from McGuire, Vorhees & Wells; Wally Devlin, the contract holder and developer and Eric Kenny, the development partner from ARman Development Corporation gave a brief presentation on the proposal they will present at the November 10, 1997 Public Hearing in regard to the proposed development of Twin Lakes. Bill Burkett reported they have been conferring with the residents of Lake Mary, Seminole County and the City of Sanford and have addressed all of the concerns and issues which were brought forth at the September 15, 1997 Public Hearing. [Commissioner Williams joined the meeting.] Mr. Burkett distributed copies of the draft Developer's Agreement, as well as pictures of some of their existing structures from the past ten years. Mr. Burkett reported that they are now proposing 636 units per acre, no more than three stories high, on 50 acres. This is the closest they can feasibly come to the 625 units proposed by the residents of Lake Mary. David Portwood, Architect was also introduced. Seminole County proposed Adult Entertainment zone near Sanford and Orlando Sanford Airport. City Manager Simmons presented a map showing where the proposed County rezoning will take place in order to allow for adult entertainment establishments to operate. The area proposed is at the entrance to the Orlando Sanford Airport, and would be very detrimental for the image of Sanford to incoming tourists and business people. City Manager Simmons reported that the existing establishments in Fern Park are going to be grandfathered if they change their lighting, etc. to blend in more. He further reported that there has been a court decision that has told our County Attorneys that the County must identify enough land, suitably zoned, for a specific number of adult entertainment establishments per 10,000 population within the County, this translated into about 120 or 130 adult entertainment sites needed between current and future establishments. Commissioner Lyons requested a copy of whatever the County is taking their instructions from. Commissioner Eckstein reported the City should see what other counties are doing and possibly join in a class action to challenge this directive. City Manager Simmons reported he will look into these possibilities in addition to the proposed Resolution against this rezoning. Golf Course Irrigation System Maintenance. City Manager Simmons reported the original Golf Course Lease signed in 1981, retained the City' s right to use the land for utility purposes. This gave the City the ability to force the irrigation with reclaimed water at the site in 1988. At that time the City installed a new irrigation system and began irrigating all of the golf course, less areas that could not be irrigated. The cost of maintaining this system was significantly greater than the golf course had been pay/ng for their own irrigation system. The City entered into an agreement with the golf course that the City would maintain the E405354 MINUTES City Commission, Sanford,' Florida WORK SESSION October 27 1997 irrigation system, which would ensure that the water was disposed of as dictated by the Department of Environmental Protection. Paul Moore, Utility Director has proposed an agreement whereby the City would pay the golf course operator to maintain the City' s irrigation system. Paul Moore reported the City has maintained the system for a number of years, and the cost to us right now is in the $60,000 range, with two City employees virtually full time at the golf course to maintain the system. He reported this is only a six month agreement so the City or the golf course can back out if it is not working. Commissioner Lessard reported he would like to talk to the golf course about giving Sanford residents a reduced rate for greens fees. Letter of Understanding re: Joint Participation AEreement for Reclaimed Water. City Manager Simmons reported this Letter of Understanding is in regard to splitting some engineering contract administrative costs for a smaI1 segment of CR 46A West utility pipes running to Rinehart: Road and extending south on Rinehart Road. The basic document is an interlocal agreement between Lake Mary, Sanford and Seminole County whereby they agreed to cooperate in running a new, large diameter reclaimed water pipeline from the vicinity of Sanford's water plant at Country Club and 251h Street westward on 46A to Rinehart Road, with all three entities sharing equally. Lake Mary and Seminole County would participate in running a joint pipeline to just south of the Post Office on Rinehart Road. Seminole County will run a pipeline across the interstate. The puttrose of this agreement is to have ~e ability to run large quantities of water at a low initiaI capital cost, and to be able to deliver water into the Heathrow area. The commitment was for 75,000 gallons per day, but probably a lot more could go through. City Manager Simmons reported he will be recommending to the City Commission that the City raise its ten cents a 1,000 rate that is presently being charged in order to make this system cost effective. [Commissioner Willjams left the meeting.] Commissioner Eckstein reported the City should consider putting a surcharge on the reclaimed water to other entities [Commissioner Williams returned to the meeting.]. Ordinance No. 3366 re: adopting various updated BUilding Codes. Charles Rowe reported the Board of Adjustment and Appeals has made a recommendation and that he, Gary Winn and Dan Florian concur with it. Mr. Florian reported the recommendation is to amend the present Ordinance to adopt the present year codes. Commissioner Lyons asked the City Manager to provide information from the City Code Analysis, whether or not the analysis recommended adoption of these codes in the City Code. City Man~ger's Performance Evaluation. Commissioner Eckstein reported every one else in the City has been evaluated and the City Manager should also he evaluated. The avenge annual increase for a Department Head is about 5%, and the City Manager has never received more than 4%, usually 3%, and some years none at all. Commissioner Eckstein feels because the City Manager is also the City' s chief Professional Engineer, as well as the other duties he performs, he deserves a raise. Commissioner Lyons reported all Commissioners need to fill out the evaluation form provided to them and remm it to the Commission in the very near future, then they can set the salary. Commissioner Willlares felt that the evaluation forms need to be looked at and possibly revised. Commissioner Lyons would like to compare the City Manager' s salary with comparable entities through the Florida League of Cities. Commissioner Eckstein reiterated that Commissioner Lyons will do some research through the Horida League of Cities and the Commission will discuss the evaluations and salary at the Work Session on November 10, 1997. Further, that any salary increase should he retroactive E405354 City MINUTES Commission, Sanford, Florida WORK SESSION October to when department heads received their raises. Boards. Police Chief Dillard reported that the Citizen' s Advisory Board is meeting once a month and is in the process of doing a general public survey to get feedback on what they feel the police department should implement. Commissioner Eckstein requested City Clerk, Jan Dougherty peruse the board applications she has received .and find somebody from Groveview that might be willing to serve on the Citizen' s Advisory Board, per request of a resident of Groveview. Other items. Commissioner Willjams reported she had a concern about Commissioners requesting data from the City Staff. She asked if there is an Ordinance that dictates if she requests information it is required to be given to aI1 other Commissioners as well. If it is not an Ordinance, then is it a City Policy, and if it is not a City Policy, then who makes that decision? Also, has she received a copy of everything each of the other Commissioners have requested, and if not, why? Jan Dougherty, City Clerk reported it is not an Ordinance, and it is not an adopted City Commission Policy, but more a Staff policy, meaning City Manager and City Clerk Ms. Dougherty reported that if she provides anything to any Commissioner regarding an upcoming agenda item, she provides it to all Commissioners. If she provides information that is not conceming an upcoming agerids item, or one that is not foreSeeable for the Commission to discuss in the future, she does not provide a copy to the other Commissioners. City Manager reported that if the information requested is of general interest, it will be provided to all Commissioners, but if it is specific to that Commissioner, it probably will not be provided to all Commissioners. Commissioner Eckstein reported that Commissioner Willjams is equal to all Commissioners and the City Manager and City Clerk are her employees and she can ask them for anything she wants, and if she wants to change the policies she can speak up and do that. Commissioner Willjams reported she does not want the policies to change because of her but she feels Mr. Simmons should impress upon his Department Heads that they work for the City of Sanford and they need to be as positive as they can and not get attitudes about Commissioners asking for information. City Manager Simmons reported he would meet with Commissioner Williams separately on this issue and her request to Personnel for EEOC information. Commissioner Lyons reported concern about the number of members on the Law Enforcement Options Committee, and cautioned that they need to stay focused on the task they were appointed to do. Commissioner Williams concurred and agreed to convey Commissioner Lyons concems to the Committee, and she wilI continue, as liaison, to attempt to keep them on track Commissioner Lessard reported he felt the Commissioners should not attend these Committee meetings unless it is a meeting for public input, and let the Committee do their job. City Manager Simmons reported Billy Raines will be going to the Civil Service Board next week on an appeal of disciplinary action. He has hired an attomey and Mr. Simmons felt it was appropriate to request the City Attorney assign an attorney to this case. The Commission needs to be aware that this assignment will exceed four hours. City Manager Simmons reported the barges the City and the University of Florida obtained from govemment surplus for the Midge Program are in the marina. They will remain in the marina several months to be outfitted and prepared for placement in the lake for testing for how to handle midges. The generators are in Apopka. 27 19 97 F.405354 MINUTES City Commission, Sanford,' Florida WORK SESSION October 27 ]9-- 77 City Manager Simmons reported receipt of a request from Sanford Main Street for reduced rate usage of the Civic Center for an event with alcohol, "A Taste of Sanford" on November 8, 1997. The Commission has adopted and reinforced a policy not to grant any departure from the established rate associated with an alcoholic event. This will be brought before the Commission for vote tonight. City Manager Simmons reported the City' s attorneys, Donna Mclntosh and Tom Mauer have been meeting with the other prospective responsible parties relative to the Coal Gasi~cation Plant. The Commission will be receiving a request to approve payment of the City's share of the cost of a $1.5 million funding, split between the five prospective responsible parties, for completion of a risk assessment which is estimated to cost between $500,000 and $600,000, as well as possibly some remedial work once this is approved by DEP/EPA. The assessment allocation agreed on by the attorneys, subject to ratification by the City Commission, is 12 ~% of the cost for the City of Sanford's share. Horida Power Corporation is absorbing the biggest single share of this cost and the City of Sanford is on the low end. The City of Sanford owned or operated the Gasi~cation Plant between 1928 and 1934. The City is trying very hard to keep this confined to the site itself, and possibly Cloud Branch Creek with determination needing to be made as to how much of this has to be removed as opposed to being left and covered up by about twenty feet of dirt. Florida Power and Light and Florida Power Corporation have agreed to provide their environmental consultants to draft the scope of services for the risk assessment contract. City Manager Simmons reported he has contacted 3M, who the City has an agreement with at the malt, to negotiate an additional sign, or possibly replacement of the face on the sign that is at the mall, in regards to recognition for Sanford's sports teams. He will report to the Commission both alternatives, as well as some comparisons from other billboard companies such as UniversaI or Gator, and a list of sites such as I-4 or 1-95. At~ that the Commission can begin collecting ideas as to what they want to show on the face of the billboard so some guidance can be given to the artist (from the billboard company), and the Commission can look at it and decide what they want to do with it. There being no further business, the meeting was adjourned. Attest: City Clerk F_~053~4 City MINUTES Commission, Sanford, Florida REGUUAR MEETING October 27~997 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, October 27, 1997, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Absent: The Chairman Citizen Participation. Commissioner Whitey Eckstein, Acting Mayor Commissioner Velma H. Willjams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attomey William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty Mayor-Commissioner Larry A. Dale called the meeting to order. Doug Ethridge, Managing Partner at Seminole Ford requested use of the Movieland property for displaying vehicles Halloween Weekend, so that sales will not be disrupted while their showroom is being remodeled and new phones and computers installed. He reported the owner has agreed to lease the property pending approval of a Conditional Use. The Conditional Use is pending approval by the Planning and Zoning Commission. Commissioner Lessard moved to authorize use of the Movieland property as requested, as a one time Seconded by Commissioner Williams and carried by vote of the Commission as approval, due to the repairs as described. follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard . Aye Commissioner Lyons Aye Rico Sharp requested assistance with drainage to relieve flooding problems in homes and streets in the Summerlin Avenue area, between Randolph and Crescent. the past but nothing has been done. He reported he has talked to the Public Works Department in Jerry Herman reported this particular project is in the draft planning stage and will not be done for quite some time because of having to obtain approval of a permit from the St. John' s River Water Management District. Commissioner Eckstein asked Mr. Sharp and his neighbors to be patient and be assured the City will do all it can to get plans approved to alleviate the problems. Bill Wilson reported he lives on Summerlin and the road has already caved in twice, and it is caving in again, because the sewers are plugged up. Commissioner Eckstein directed Mr. Herman to investigate this problem this week and see what can be done. A lady distributed a letter to each of the four Commissioners, and reported she had already given the same letter to the Mayor. She reported the letter was regarding reclaimed water that she and her neighbors were told they would be receiving back in 1988 or 1989, and they as yet have not received it. She reported the lines have gone all around and through their housing area, but they have not received water yet. Comtn/ssioner Eckstein reported it is a cost factor in that a certain number of houses must request hookup before a line can be run. The lady stated she did not understand why Sanford citizens should have to argue to get what is given freely to outsiders. Paul Moore, Utility Director reported the purpose of the reclaimed water program was to poll residents and see who wanted reclaimed water and try to put emphasis toward those areas that wanted it and would serve the best purposes. It was never the goal or purpose to bring reclaimed E405354 MINUTES City Commission, Sanford, 'Florida REGULAR MEETING October 27 19 97 water to every resident of the City of Sanford, only those areas that were most cost effective. Several subdivisions had a high volume of requests such as Kaywood at 100% and Idytlwilde at 50%, but others were quite a bit lower. The first goal was to bring reclaimed water to City parks and properties, to-Site 10, and expand it from there including Seminole Community College and Springview Drive. In Groveview there are 130 out of a total of 355 properties that have reclaimed water available to them right now. The City has only received 23 applications from Groveview and only 4 customers have actually hooked up to the reclaimed water system. When the line was brought through Groveview and Springview Drive the City obtained a partial grant from the Water Management District to fund the work. The City will apply for these grants again this year and in future years. A gentlemen reported that when they first put the lines in he had eight out often people on Anthony Drive that wanted to hook up to it, but now the City ean;t seem to find his name on the list. He wanted to know who was responsible for getting people to hook up to the line. Mr. Moore reported that when a line is put through alI the residents receive a letter telling them that reclaimed water is available to them. Commissioner Lyons reported that maybe the residents of a certain area would consider helping to pay for the infrastructure for reclaimed water through a special taxing district. A lady reported the City should give the water to its residents instead of giving it away to Lake Mary. City Manager Simmons reported Sanford has not paid Lake Mary this year or since 1990. Sanford only paid them one time to avoid being fined by EPA and FDEP for failing to comply with their orders to get out of discharging to Lake Monroe. Sanford was forced to find land application sites, which the City either owned and controlled, and a site was found in Lake Mary. The City entered into an agreement for long-term use of the Lake Mary land for irrigation purposes. The City is no longer paying anybody to use their land for irrigation, but working with other units of government in terms of extending pipes for reclaimed water distribution into an area which is most cost effective. The least cost effective way to use reclaimed water is to retrofit neighborhoods. Commissioner Eckstein requested Paul Moore to look into the cost of rmming more lines to residents. Mr. Moore reported the line that was just run on Springview, which was an add on to the existing line, cost $90,000 and made reclaimed water available to about 50 lots. This is an average of $2,000 per house, plus a sprinkler system that the owner would need to install plus the cost of setting a meter which is $130.00. Commissioner Eckstein asked Mr. Moore to send the residents of Groveview a cost estimate of what it would take to connect to reclaimed water. Commission minutes. Commissioner Lessard moved to approve the minutes from the October 13, 1997 Work Session and the October 13, 1997 Regular Meeting. Seconded by Commissioner Willjams and carried by vote of the Comm/ssion as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to adopt Ordinances: Ordinance No. 3365. Commissioner Eckstein reported the Commission would hear from those persons who wished to speak for, or in opposition to, Ordinance No. 3365. No one appeared. On E405354 MINUTES City Commission, Sanford, Florida REGULAR MEETING October 27 1997 recommendation of City Manager Simmons, Commissioner Lessard moved to adopt Ordinance No. 3365, 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 SANTA BARBARA DRIVE AND ORLANDO DRIVE AND BETWEEN HWX. 17-92 AND HIAWATHA AVENUE (2609 HIAWATHA 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: Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye B. Ordinance No. 3366. Commissioner Eckstein reported the Commission would hear from those persons who wished to speak for, or in opposition to, Ordinance No. 3366. No one appeared. On recommendation of City Manager Simmons, Commissioner Lyons moved to adopt Ordinance No. 3366 incorporating change in wording being made by City Attorney Colbert, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTERS 6, 8, 12, 14, 16-1/2 AND 19 OF THE SANFORD CITY CODE, TO ADOPT THE 1997 EDITIONS OF THE STANDARD BUILDING CODE THE STANDARD GAS CODE, THE STANDARD MECHANICAL CODE, AND THE STANDARD PLUMBING CODE, THE 1996 NATIONAL ELECTRICAL CODE, AND THE 1994 EDITION WITH THE 1996 REVISIONS OF THE STANDARD HOUSING CODE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye C. Ordinance No. 3367. Commissioner Eekstein reported the Commission would hear from those persons who wished to speak for, or in opposition to, Ordinance No. 3367. No one appeared. On recommendation of City Manager Simmons, Commissioner Williams moved to adopt Ordinance No. 3367, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING THE CITY. CODE CHAPTER 16, SECTION 16-3, ENTITLED TERM; PENALTY FOR DELINQUENCY TO REFLECT THE PROPER AMOUNT OF ADDITIONAL PENALTY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye D. Ordinance No. 3368. Commissioner Eckstein reported the Commission would hear from those persons wishing to speak for, or in opposition to, Ordinance No. 3368. No one appeared. On recommendation of City Manager Simmons, Commissioner Lessard moved to adopt Ordinance No. 3368, enti~ed: F,405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING October 27 19 97 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING THE "COLLECTIVE BARGAINING AGREF~MENT" BETWEEN THE CITY OF SANFORD AND THE FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE TO PROVIDE FOR WAGES FOR FY 97/98 (ARTICLE 37) AND CLOTHING ALLOWANCE (ARTICLE 15) FOR FY 97/98; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE OF OCTOBER 4, 1997. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye E. Ordinance No. 3369. Commissioner Eckstein reported the Commission would hear from those persons wishing to speak for, or in opposition to, Ordinance No. 3369. No one appeareeL On recommendation of City Manager Simmons, Commissioner Lessard moved to adopt Ordinance No. 3369, emitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 28, ENTITLED WATER, SEWERS AND SEWAGE DISPOSAL AND RECLAIMED WATER REUSE, SEC. 28-30 ENTITLED DELINQUENCY AND DISCONNECTION OF SERVICE FOR NONPAYMENT TO PROVIDE FOR A LATE FEE WAIVER POLICY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Nay F. Ordinance No. 3370. Commissioner Eckstein reported the Commission would hear from those persons wishing to speak for, or in opposition to, Ordinance No. 3370. No one appeared. On recommendation of City Manager Simmons, Commissioner Lyons moved to adopt Ordinance No. 3370, emitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAtD CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO REZOHE THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND COASTLINE ROAD AND BETWEEN SOUTH WHITE CEDAR ROAD AND CENTRAL PARK DRIVE FROM AG (AGRICULTURAL) TO PD (PLANNED DEVELOPMENT) PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First readinle of Ordinance No. 3371. On recommendation of City Manager Simmons, Commissioner Lyons moved on first reading of Ordinance No. 3371, 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 AIRPORT BOULEVARD EAST AND AMERICANA BOULEVARD AND BETWEEN AMERICANA BOULEVARD AND ORLANDO DRIVE IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. ~354 MINUTES City Commission, Sanford, Florida REGULAR MEETING October Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Memorandum of Agreement with PRA re: development of lake front property. City Manager Simmons reported the agreement was prepared by PRA Development and the City Attorney and Staff agrees upon review this document is sufficient. City Attorney Colbert reported this agreement was drafted in accordance with his understanding of the Commission's desires. He reported the decision of what to do with the property is a policy decision, and if the Commission determines as a matter of policy that this particular use serves a valid public purpose, the Memorandum of Agreement is a proper legal form for the Commission to approve, the effect being to form an agreement with the potential developer. The developer is to report to the Commission quarterly and more agreements wilt need to be approved in the future, but this is the first step. On City Manager Simmons' recommendation, Commissioner Lyons moved to approve the Memorandum of Agreement with PRA. Seconded by Commissioner Willjams. A gentlemen from the audience reported that this park' is owned by the public and dedicated to the public as a park; the City of Sanford does not own the property. If the City Of Sanford chooses to abandoned the park, then it can make an agreement with others about what the City is going to do with it, but not while it is a City park. City Attorney Colbert reported the City had requested him to check the title prior to drafting this agreement, and in doing so he found that the City had acquired this property by tax deeds and private deeds in the 1930's. In the mid-30's the City, by Ordinance not by plat, dedicated a portion of this property to the use of the public for park purposes, but at the same time reserved the ability to use the property for other public purposes if future City Commissions decided to do so. Further, is it possible for a development like this to be a public use and serve a public benefit, based on the development along the . boardwalk in Daytona Beach. The gentleman reported that this property has been used as a park for about 60 years and now the Commission wants to use it for private gain and private ownership, and there is other property on the lake front from French Avenue to the Hospital that the City owns and holds title to, that is not dedicated property, that could very easily be used or sold. The motion was carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resohvtion No. 1%8, re: authorizine signatures on bank accounts. On recommendation of City Manager Simmons, Commissioner Lyons moved to adopt Resolution No. 1768, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, TO AUTHORIZE SIGNATURES ON BANK ACCOUNTS WITH BARNETT BANK OF CENTRAL FLORID& N.A. AND THE STATE BOARD OF ADMINISTRATION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 27 1997 B405354 MINUTES City Commission, Sanford,' Florida REGULAR MEETING October 27 Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1769, re: opposing the rezoninl~ by Seminole County of property located on the south side of MarqUette Avenue. West side of Sipes Avenue and both sides of the East Lake Mary Boulevard Extension and. the entrance to the Orlando-Sanford Airport. Commissioner Eckstein reported that the Commission is adamantly against this zoning and encouraged all citizens to contact their County Commissioners in opposition as well. On recommendation of City Manager Simmons, Commissioner Wiltjams moved to adopt Resolution No. 1769, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORID& OPPOSING THE REZONING BY SEMINOLE COUNTY GOVERNMENT FOR THAT PROPERTY LOCATED ON THE SOUTH SIDE OF MARQUETTE AVENUE, WEST SIDE OF SIPES AVENUE AND BOTH SIDES OF THE EAST LAKE MARY BOULEVARD EXTENSION AND ~ ENTRANCE TO THE ORLANDO-SANFORD AIRPORT FROM M-l, INDUSTRIAL, TO M-2, IMPACT-GENERAL INDUSTRIAL, TO FACILITATE THE POTENTIAL FUTURE LOCATION OF ADULT ENTERTAINMENT ESTABLISHh/IENTS AND SEXUALLY~ ORIENTED BUSINESSES. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Boards, Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Citizens Advisory Board. Jan Dougherty, City Clerk reported that the terms of Earl Myers, Dean Ray, Kevin Hipes and Tom Carpenter are expiring, and all except Kevin Hipes wish to be reappointed. Commissioner Lyons moved to reappoint Earl Myers, Dean Ray and Tom Carpenter. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein reported he had received a call from a resident of Groveview asking that the next appointment made to the Citizens Advisory Board he from the Groveview area. He asked if anyone from that area was interested, or knew someone who was, they give him a call. Information from Planning and Zoninl~ Commission meetipJ~ of October 16. 1997. This was for informational purposes only and no action was taken. Consent Agenda, A. Consideration of Bid Tabulations. (I) Bid Tabulation #IFB97/98-08, Trophies (Recreation Department). Only one bid was received in the (2) (3) (4) mount of $6,014, which exceeds the budget for this item. Bid Tabulation #1H397/98-09, Recreation Uniform Shirts (Recreation Department). Bid Tabulation #IFB97/98-10, Baseball Caps (Recreation Depamnent). Bid Tabulation #IFB97/98-11, Athletic Equipment (Recreation Department). r~4o5354 MINUTES City Commission, Sanford, Florida REGULAR MEETING Octobe~ 27 19-- 97 B. Consideration of requests for payment of statements. ( 1 ) From Public Administration Service for Police Management study for month of September, 1997 (Final Report) in total amount of $11,669.36. (2) From Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Brainnick, P.A. for services 9/03/97 through 9/30/97 in total amount of $792.90. (3) From Foley & Lardher for services regarding City Coal Gasi~cation Plant in total amount of $3,831.43. C. Approval of Contracts/Agreements. (1) With the Mayfair Golf Course for them to maintain the reclaimed water irrigation system the City installed, at the Golf Course, and maintains at the present time. The City would pay the Golf Course $56,000.00 annually broken up into quarterly payments. On City Manager Simmons recommendation, Commissioner Willjams moved to reject the bid and re-advertise in a wider market for item A. (1), accept lowest bids for items A. (2) from Thompson's Sporting Goods in amount of $12,660; A.(3) from Capsmith in amount of $1,895; and A.(4) from Braxton Recreation in amount of $17,136.65, approve payment of items B. (1), (2), and (3) and authorize approval of agreement in item C. (1). Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Invoices paid durin~ the period for previously approved lump sum contracts. The Commission had no questions regarding the six invoices in total amount of $99,247.48 from Ardaman & Associates, Inc., ($6,366.15, $1,262.00 and $491.50), Ecotech Consultants, Inc. ($4,159.00), Masci Construction, Inc. ($49,220.86) and H. C. Connell, Inc. ($37,747.97) having been paid per City Commission approval on October 8, 1990 and November 25, 1991. City Attorney's report. No report given. City Manaeer's report. City Manager Simmons reported he received a request from Sanford Main Street for a reduced rate for use of the Civic Center on November 8 for a fund raiser which will involve alcohol. The City poIicy has been to refuse a reduced rate to any alcoholic sales event. Commissioner Lyons moved to deny the reduced rate to Sanford Main Street for this event. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager Simmons reported he has briefed the Commission on a Letter of Understanding relating to a joint participation agreement dated December 2, 1996 between the City of Sanford, the City of Lake Mary and Seminole County, for providing potable Water/reclaimed water distribution infrastructure along CR 46A, Rinehart Road and ( ( E405354 MINUTES City Commission, Sanford,' Florida REGU[~AR MEETING October Heathrow areas. This is strictly to issue the construction inspection for one of the segments that the City of Sanford will be funding in thirds. The estimated cost for inspection is $5,454.00. Commissioner Lessard moved to authorize the City Manager to sign this agreement. Seconded by Commissioner Lyons and carded by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Clerk's report. No report given. City Commissioners' reports, Commissioner Williams - no report given. Commissioner Lessard - no report given. Commissioner Lyons - reported he would like to have a time frame of what the County is doing in regard to the rezoning for the facilitation of sexually oriented businesses. Jay Marder agreed to get the information. Commissioner Eckstein - no report given. There being no further business, the meeting was adjourned. Attest: 27 19 97 City Clerk ) (