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121189-Regular MeetingCity Commission, 5~ford, Fioiidh 485 The City Commission of the City of Sanford, Florida, met in Regular Meeting on December 11, 1989, at 7:00 o'clock P. M. in the City Commission Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas Commissioner A. A. McClanahan Commissioner Lon Howell City Attorney William L. Colbert City Manager Frank A. Faison City Clerk Janet R. Donahoe The meeting was called to order by the Chairman. A public hearing was held in accordance with Herald on November 30, 1989, as follows: Notice published in the ~vening November 27, 1989 NOTICE OF A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE DENIAL OF A PARKING IMPROVEMENT WAIVER Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on December 11, 1989, to consider an Appeal of the Denial, by the Administrative Official on October 12, 1989, of a Waiver to use mulch instead of hard paving.-for a commercial par-king lot at 407 West 25th Street, more particularly described as follows: Lot 1, Less the North 20' and the East 67.5' thereof and Lot 2, Less the East 67.5' thereof, Block 5 of the Second Section of Dreamwold, as recorded in Plat Book 4, Page 30 of the Public Records of Seminole County, Florida. Containing 6760 sq. ft. The City Commission may, after Public Hearing, affirm, deny, or modify the decision, finding and recommendation of the Administrative Official, and the action of the City Commission shall be final. All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING OR HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) Janet R. Donahoe City Clerk Publish: November 30, 1989 The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the denial of the parking improvement waiver. Mr. Larry Blair, 1915 South French Avenue, Sanford, Florida, appeared to support the request. 4 8 6 MINUTE S City Commission, Sanford, Florida December 11, Commissioner Thomas moved to authorize a two-year waiver of the requirement to pave the parking lot. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye A public hearing was held in accordance with Notice published in the Evening Herald on November 30, 1989, as follows: November 28, 1989 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF S~FORD, FLORIDA Notice is hereby given that a Public Hearing will be held in the Commission Room at the City. Hall in the City. of Sanford, Florida, at 7:00 o'clock P.M. on December 11, 1989, to consider' the adoption of.an ordinance by the City of Sanford, Florida, title of which is.as follows: ORDINANCE 2068 AN ORDINANCE OF THE. CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE 1689 TO PROVIDE FOR AN INCREASE IN THE MONTHLY RETIREMENT BENEFIT OF THE FIREMEN"S RETIREMENT SYSTEM FROM' 2% TO 2.1% FROM APRIL. 1, 1989 TO OCTOBER 1, 1989, AND TO OBTAIN MINIMUM CONTRIBUTIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy'shall be available at the. office of. the. City Clerk'for all persons desiring to examine the same. All parties in interest and citizens shall have. an opportunity to be heard at said hearing~ By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above~ meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided'by the City of Sanford. (FS 286.0105) Janet R. Donahoe City Clerk Publish: November 30, 1989 Ordinance No. 2068, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE 1689 TO PROVIDE FOR AN INCREASE IN THE MONTHLY RETIREMENT BENEFIT OF THE FIREMEN'S RETIREMENT SYSTEM FROM 2% TO 2.1% FROM APRIL 1, 1989 TO OCTOBER 1, 1989 AND TO OBTAIN MINIMUM CONTRIBUTIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of October 23, 1989, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 2068. No one appeared. City Commission, Sanford, Florida December 11, -4.8-7- 19 89 Commissioner Thomas moved on the passage and adoption of Ordinance No. 2068. Seconded by Commission Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Thereupon, the Chairman announced that the City Commission of the Sanford, Florida, had passed and adopted said Ordinance No. 2068, entitled: City of AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE 1689 TO PROVIDE FOR AN INCREASE IN THE MONTHLY RETIREMENT BENEFIT FROM 2% TO 2.1% FROM APRIL 1, 1989 TO OCTOBER 1, 1989 AND TO OBTAIN MINIMUM CONTRIBUTIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with Notice published Herald on November 30, 1989, as follows: November 28, 1989 in the Evening NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA Notice is hereby-given that a Public Hearing will be held in' the Commissio~ Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock. P.M. on. December 11, 1989, to consider the adoption' of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE 2076 AN ORDINANCE OF THE CITY OF~ SANFORD, FLORIDA, AMENDING CHAPTER 2, SECTION 2-33(b) OF THE SANFORD CITY CODE AS CREATED BY ORDINANCE NO. 2056 TO CHANGE THE NAME OF DEPARTMENT O.F. CULTURAL AFFAIRS TO THE RECREATION. DEPARTMENT; PROVIDING FOR SEVERABILITY CONFLICTS AND~ EFFECTIVE DATE. A copy shall be available at the office of the City Clerk-for all persons desiring to examine, the-same-. All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanf. ord, Florida.- ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect-to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not' provided by the City of Sanford. (FS 286~0105) ~. Donahoe City Clerk Publish: November 30, 1989 Ordinance No. 2076, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2, SECTION 2-33(B) OF THE SANFORD CODE AS CREATED BY ORDINANCE NO. 2056 TO CHANGE THE NAME OF DEPARTMENT OF CULTURAL AFFAIRS TO THE RECREATION DEPARTMENT; PROVIDING FOR SEVERABILITY CONFLICTS AND EFFECTIVE DATE. 488 MINUTES City Commission, Sanford, Florida December 11, 19 89 introduced and placed on first reading at meeting of November 27, 1989, was next placed on final reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 2076. No one appeared. Commissioner Thomas moved on the passage and adoption of Ordinance No. 2076. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 2076, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2, SECTION 2933(B) OF THE SANFORD CODE AS CREATED BY ORDINANCE NO. 2056 TO CHANGE THE NAME OF DEPARTMENT OF CULTURAL AFFAIRS TO THE RECREATION DEPARTMENT; PROVIDING FOR SEVERABILITY CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with Notice published in the Evening Herald on November 30, 1989, as follows: November 28, 1989 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA Notice is hereby given that a Public Hearing will be held. in the Commission' Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock. P.M'. on December 11, 1989, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE 2078 AN ORDINANCE OF THE CITY OF-SANFORD, FLORIDA,, CREATING CHAPTER 24 OF THE CODE OF ORDINANCES ENTITLED "CONVENIENCE FOOD STORES,'; PROVIDING DEFINITIONS, ESTABLISHING REGULATION, ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT CF..ENTRY FOR INSPECTION; ESTABLISHING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. A copy shall be available at the office of' the City Clerk'for all persons desiring to examine the. same. All parties in interest and citizens shall have an opportunity, to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE' PUBLIC: If a person, d~cides to appeal a. dedision made. with respect' to any matter considered at the above, meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) Janet R Donahoe City Clerk Publish: November 3.0t 1989 NUTES C,_'~ Cemm,_'ss,_'on, S'~ford, Florida ....... .................... O cember 11, 489 ,089 Ordinance No. 2078, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA CREATING CHAPTER 24 OF THE CODE OF ORDINANCES ENTITLED "CONVENIENCE FOOD STORES"; PROVIDING DEFINITIONS, ESTABLISHING REGULATION, ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION; ESTABLISHING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. introduced and placed on first reading at meeting of November 27, 1989, was next placed on final reading. After being read. by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 2078. Those appearing in support of Ordinance No. 2078 were as follows: Sanford Police Chief Steven D. Harriett appeared and read a Memo as follows: December Il, 1989 TO: FROM: SUB3 ECT: Mayor and City Commission Police Chief Convenience Store Ordinance Ordinance N°. 2078 Having recently been made aware of an ordinalme that the City of Gainesville enacted in 1987 that was aimed at curbing convenience store robberies, the Sanford Police Department contacted the Gainesville Police Department to determine the impact of the ordinance on their convenience store robberies. We found that since the adoption of the ordinance approximately .2% years ago, that convenience store robberies in Gainesville had decreased by 80% overall. It was understood that this unique and effective crime prevention ordinance, which embraces virtually ail phases of robbery prevention in the operation of convenience stores, was adopted by the City of Gainesville following the murder of a convenience store clerk who was killed during a robbery. Since the adoption of the ordinance, Gainesville has seen convenience store robberies decrease from 61 per year down to 12 to date this calendar year (1989). The Sanford Police Department believes that the City of Sanford's convenience store ordinance is a proactive measure designed to keep our convenience store robberies to a minimum. More importantly, the incidental and attendant potential injuries and deaths to store clerks should also be kept to a minimum level. It is our respon- sibility and obligation to offer the highest degree of care, protection and safety to our citizens. We believe that our citizens include store clerks who work in our City to provide retail services to City resident consumers. This issue is clearly one of comnunity health, safety and welfare. The ordinance is not just a "two-clerk" ordinance as it has been misnomered by the media and the convenience store industry. The ordinance involves much more than Just requiring two clerks to be on duty between the hours of 8 PM and 6 AM. Sur- veillance cameras, unobstructed visibility, safety, robbery prevention and reaction training for store employees, cash handling procedures and e~anced lighting, coupled with the two clerk requirement, all coordinated together, equal a "hardened" crime target. During the late evening and early morning hours, convenience stores are no doubt the most vunerab].e robbery target. This situation explains why convenience stores in Sanford account for over one-half of all commercial robberies occurring in our City. We believe that it is pertinent to note that there are 1,820 licensed businesses in the City of Sanfcrd. Sanford's 39 convenience stores are experiencing 19 robberies annual, ly. While these 39 locations experience 19 robberies annually, all the other commercial establishments, put together, experience 15 robberies annu- ally. Convenience stores represent 2% of all commercial businesses in the City of Sanford; yet they experience 56% of the commercial robberies perpetrated. One can readily discern thab convenience stores are more prone to robbery than other types of businesses. This supports the need for more stringent security measures to be taken by convenience store operations. The City of Sanford's processing of the convenience store ordinance began as a pro- active measure to keep convenience store robberies and potential associated violence from becoming a common crime in our jurisdiction. At a time when crack cocaine is of epidemic proportions and more people are needing quick money to support this highly addictive habit, we desperately need to put procedures and requisites in place to deter the violent act of robbery. We are all familiar with the recent senseless murder of a convenience store clerk here in the City of Sanford. Ironically, this violent act occurred after the legal process of adopting this ordinance had already begun. This solidifies our position even more. Given the facts in this particular case. had the ordinance been in effect, it is very likely that a fatality would not have resulted. 490 MINUTES City Commission, Sanford, Florida December 11, 19 89 Tl~ere are no absolute guarantees that can be made with reference to robbery prevention or any other crime for that matter. This ordinance will, however, contribute to the deterence of convenience store robbery and related personal injury or death. In the interest of publ:Lc safety, the p~lice department respectfully urges you pass and adopt tl~e convenience store ordinance. Thank you for your consideration. Mr. Patrick T. Callahan, Coordinator, Criminal Justice Planning, City of Gainesville, Florida, appeared and reported on the studies and statistics used by the City of Gainesville in deciding to enact legislation regulating Convenience Stores. He submitted a copy of the booklet containing the statistics. Further, he reported the City of Gainesville had worked with industry representatives for a voluntary solution to deter crime in Convenience Stores, but after a year, no voluntary solutions were forthcoming, so the City of Gainesville implemented Convenience Store regulations. Mr. Sylvester Chang, 2518 South French Avenue, Sanford, Florida, appeared to support the ordinance and reported the ordinance is needed in Sanford, that the citizens need protection. Ms. Ruby Allen, of Deltona, Florida, appeared to ask the Commission to pass the ordinance to protect the lives of people. Ms. Darlene McPherson, 110 North French Avenue, Wareco Convenience Store, Sanford, Florida, appeared to support the ordinance and stated training there is safety in numbers. Ms. Jeanna Parrish, 3207 Landing Place, Orlando, Florida, appeared to support the ordinance and reported she is in favor of requiring two clerks in Convenience Stores. Further, her mother was killed in a convenience store in Orange County six years ago. Those appearing in opposition to Ordinance No. 2078 were as follows: Ms. John Pearman, 105 Live Oak Gardens, Suite 101, Casselberry, Florida, Retail Grocer's Association of Florida, Inc., appeared and read a letter dated December 5, 1989, as follows: '"'t;'/ON OF FLORIDA. INC., '105 Live Oak Gardens, Stel '10t Casselberry, FL 32707 [407] 339-7423 Owner and Publisher of "Florida Food Dealer" John 8. Pearson Presi°entDecember 5, 1989 The Honorable Bettye Smith City of Sanford 300 No. Park Ave. Sanford, FL 32771 Dear Mayor Smith: RE: Ordinance 92078 We had hoped to have the opportunity to discuss this ordinance one more time in workshop before the second reading on December llth. We have several issues besides the "two clerk" provision that we are concerned about. We were able to get a copy of the ordinance on Friday, December 1st, and for the first time lookSat the total ordinance. The following are questions we have about the ordinance as it is now written. City Commission, S~ [NUTES ~ord, Florida ' '"- 1. We do not feel the city nor the police department have presented any statistics or facts to show that the number of homicides and robberies at Convenience Food Stores (C-Stores) exceeds the number of such incidents at other establishments between the hours of 8:00 PM and 6:00 AM. 2. We do not feel the Police Department has provided evidence that these regulations are necessary and provide essential requirements that will minimize or eliminate the excessive incidents of homicides and/or robberies at C-Stores. 3. We feel that if the facts show that crime is in fact higher between the'hours of 8:00 PM and 6:00 AM that the police department should have more patrol officers on duty during those hours. We would like to see how many officers are on patrol and at what hours. 4. We feel that this ordinance should apply to ~.11 business establishments open after 8:00 PM. Any business open after 8:00 PM is a potential place for a robbery and/or homicide since they have what the robber wants, money. In fact, in Edison, New Jersey, an ordinance similar to this ordinance was found to be invalid since it did not cover all "late night" establishments and had to be re-written to include all business open after 8:00 PM. 5. If you do not include all business, the definition of C- Stores concerns us. We do not understand why yoq have qualified that a store must "derive 50% or more of its gross income from the sale of goods, merchandise or other articles of value in their original containers". We do not feel a robber is concerned what sales create the money, Just that the money is available. We also do not understand why "does not sell or have for sale prescription drug items" is a valid exclusion for a store. 6. In Section 4, the enacting clause, the ordinance states that it shall become effective upon passage and adoption. We know that for most of the items under Sec. 24-2. Regulations, cannot be in place that quickly. For example: (a) The second person required must be hired and trained. The city of Gainesville gave the industry 60 days to accomplish this task. (c) Some stores will have to do major remodeling to comply with this section. The cities permitting process requires a delay in getting this done. Again, the city of Gainesville allowed 120 days for this to be done. (f) Drop-safes must be ordered and installed. Installation will require some remodeling and it takes tfme for this to happen. We feel you should allow 120 days for the store to complete this task. (h) Lighting requirements in the ordinance are such that permitting and city requirements will make this a lengthy process. We feel that at least 120 days should be allowed to accomplish this task. (i) While security cameras can be ordered Qn December 12th in most cases, the supply is not sufficient to fill all of those orders immediately. The installation will take some time and the police department should be required to be responsible for the proper installation and maintenance of these cameras. This will insure that the pictures from the cameras are admissible as evidence. ?~e¢~ -d~")~ ~ ~.~;: .... {'j) uase'a upon a conversation betw~ %he ~gli~ ~fiief and one of our members, the poliCe-department wants to be responsible for the training of the employees and/or owners on Robbery Prevention. This will take a great deal of time Just to train the current employees, let alone any new employees hired to give double coverage between 8:00 PM and 6:00 AM and/or to replace those employees who quit. The industry still is 'Willing to hold two training classes a day, twice a month to do this training. Even if the police department has a course in place it will take at least 120 days to accomplish this training. 19 89 MINUTES City Commission, Sanford, Florida 19 8.9 We are looking forward to hearing and seeing the police departments presentation at the December llth Council Meeting, answering the questions raised in this letter. The industry will be represented at that meeting. I will be in and out of my office most of this week, but if you have any questions Just call and leave word and I will return your call the same day. Sincerely, President Jbp/cp OF FLORIDA, INC. cc: Steve Har.rtett-Chief of Police, City of Sanford RGAF Convenience Store Council Mr. Henry Maroise, Director, Community Relations, Florida Food & Fuel Retailers, 209 Office Plaza, Tallahassee, Florida, appeared and reported overall robberies are up 6% in Gainesville, and that some of the studies used by Gainesville, especially Dr. Swanson's, of the University of Florida, and Dr. C. Ray Jefferies, were not valid. Further, this ordinance has not been tested in Florida courts, against the Florida Constitution. He also reported the ordinance is capricious, and arbitrary, and that when the second clerk is injured, the City will be brought in the lawsuit as a Co-defendant by the people who sue the stores. He reported he agrees with cash control, sales being visible from the street, and training. Commissioner Howell moved on the second 2078. Seconded by Commissioner Thomas. Commissioner Eckstein moved to reading and adoption of Ordinance No. amend the ordinance to grant a 60 day phase-in installation of the drop safe, installation of the cameras, and training the Seconded by Com~issioner Howell and carried by the vote of the Commission as period for employees. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Chairman then called for the vote on the motion to adopt Ordinance No. 2078, as amended, and said motion was carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Thereupon, the Chairman announced that the City Commission of the City of Sanford, ~lorida, had passed and adopted said Ordinance No. 2078, as amended, as follows: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA CREATING CHAPTER 24 OF THE CODE OF ORDINANCES ENTITLED "CONVENIENCE FOOD STORES"; PROVIDING DEFINITIONS, ESTABLISHING REGULATION, ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND LIGMTING REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION'; ESTABLISHINGPENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The Commission next considered a request from William H. Runge, D.D.S., representing All Souls Catholic Church, to close portions of streets for a Mardi Gras Carnival February 23 through 25, 1990, as follows: City Commission; Florida December 1i:, 493 Myrtle. Avenue,.be~wee~ Eighth Street, and,10th Stree~ Oak Avenue. between~-Eighth St=eet an~ 1.0th Street. Eighth. Street between,-'M~rt%e Avenue. and.Oak Avenue Ninth Stree~ between Myrtle. Avenue.~ and~ Oak. A~enue- 10th Street between-Myrtle Avenue.and.Oak Avenue from 5:00 P. M; to 10:00 P~ M'~ on' February 23, 1990 from 1:00 P. M.~ to 10:.30 P. M,~ on;Feb~..uary 24, 1990 from 1:00 P. M'~ to 6:00 P. M~ on:February 25, 199~. On recommendation: of the. Po'lice',-.Chief~ and. the.- Fire. Chief; Conmnissioner Thomas moved to authorize same.~ Seconded by CommissiD~e~ Howell. and, carrie~, by the. vote of the Commission. as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner. Thomas Aye Commissioner McClanahan' Aye Commissioner. Howell Aye The next item' of business was ..consi.deration~ of appointments, re-appointments, and a resignation' from. city boards, as follows.,: Scenic Improvemen~ Board': Two (2) vacancies. Memo submitted from-Chairman, (1) recommending Mrs. Connie Williams for appointment'; and '(2) reportin~ Mr. Irving Kaufman has not attended three.'consecuti~ meetings.~ which constitutes automatic removal from the, SIB, in accordance with. SIB By-Laws-~ The Commission acknowledged Mr. Improvement Board, Commissioner McClanahan. moved: to Improvement Board. Commission:, as follows: Kaufma~.'s automatic removal, from the Scenic appoint Mrs'. Connie Williams to the Scenic Seconded by. Commi.ss-ioner Howell. and: carried by the, vote of: the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas-. Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission: authorized to consider an appointment to fill the remaining'vacancy December 18, 1989. B. Human Relations Advisory Boazd: Terms of Ni.cholas-Casiello and Thomas..A. Tipton expireDecember 31, 1989, and the~e",is one (1) vacancy. Commissioner Howell. moved to re-appoint Nicholas Casiello, to the. Human Relations Advisory Board. Seconded. by Commissioner Thomas and car. riedby the, vote of the-, Commission as follows: Mayor Smith Aye Commissione=: Eckstein Aye Commissioner: Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Public Employees: Relations Commission: Terms.', of" Thomas, McDonald, Shirley Schilke, and Charles J. Volk, Jr., expire Decembez 31, 1989, 1989 494 MINUTES City Commission, Sanford, Florida December 11, Commissioner Eckstein moved to. re-appoint Charles.: J. Volk, Jr., to the, Public Emptoyees,.Relations-Commission:~ \ the Co~,is.sion~.as fol.lows:~ Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Mc. Clanahan Commissioner:Howell D. Historic Preservatio~ Board: Seconded by Commissioner. Thomasand carried.-by'.the,.vote of A~e Aye Aye Aye Aye Letter of resignation submitted from Robert E. McKee. Comm,issioner How~tl moved, to accept. Mr. McKee""s resignatio~ with regrets; and to appoint Mr. Joe Forbes to the. Historic Pres.ervatio~ Board, Seconded by Commissioner Thomas and carried by the vote of the Co~mission. as follows.: Mayor'Smith Aye Commissioner Eckstein' Aye Commissioner Thomas.. Aye Commissioner'.McClanahan Aye Commissioner: Howell Aye On motion of Commissioner McClanahan, seconded by Commissione~. Thomas and carried by the vote of the. Commission-as follows': Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas'. Aye Commissioner. McClanahan Aye Commissioner Howell. Aye Vouchers for the. Month of November, 1989, were approved. The next' item ~f business, was consideration of Cultural Arts Center Rental Guidelines, revised at December 4, 1989.Work Session.~ The City Manager submitted a copy of the proposed guidetines?~ Commissioner Mc. Clanahan mo~ed to' adopt same. Seconded by Commissioner Thomas and carried by the~ vote of the. Commiss-ion as follows.: Mayor. Smith Aye Commissioner Eckstein' Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission authorize~ to re-consider same. a~ a Work Session~, and, for the Parks Director to forward to the. Commission any requests.for rental which do not. meet the. guidelines, but which may be appropriate'uses'~for the'Cultural Arts Center'~ The. next' item of'~ business was~cons~de~atio~ of. restrict'ion' of Skate. Board Ramps.. Commissioner Howell moved to authorize~ the City Attorney to prepare the proper ordinance for same., as discussed at-Decembez 4, 1989 Work Session, Seconded. by Commissioner Thomas and carried by the vote. of the Commission as follows': Mayor Smith Aye Commissioner Eckstein Aye Commissione~r Thomas Aye Commissioner McClanahan. Aye Commissioner:HoweT1 Aye MINUTES 4 9 5 City Commission, Sanford, Florida Decemb 11, The nex~ item o,[ btisLness was c3nsideration ~f Commissioner McC~anahan moved to authorize the City Attorney regulate same as discusse~ at December' 4, 1989 Work Session'. Thomas and carrie~ by the. v0te of the Commission~ as follows: Regulation of Yazd Sales. to prepare an ordinance to Seconded by Commissioner Mayor. Smith Aye Commissioner Eckstein: Aye Commissione~ Thomas Aye Commissione~ McClanahan Aye Commissioner Howell Aye The next item of busihess was. consideratio~ of Regulation of Noise.. Commissioner Thomas moved to authorize the City Attorney to prepare an ordinance to regulate noise as discussed at Decembe~ 4, 1989 Work Session. Seconded by Commissione~ Eckstein and carried by-the vote of the Commission as .follows: Mayor Smith Aye COmmissioner Eckstein Aye Commissioner Thomas Aye Co~issioner~McClanahan Aye Commissioner Howell Aye The next' item-of-business was con~ider.atio~ of Prouosed Fees. for Sma.~l~Scale and Large-Scale Comprehensive. Plan Amendments~ A Mem~ was submitted, dated December 5, 1989, from City Planner, recommending adoption~ of fees- described in "revised" Exhibi~ "B". Commissioner Thomas moved to authorize the City Attorney to prepare the prope~ Resolution to adopt said fees. Seconded by CommissiDn~er Eckstein and~ carried .by the vote of the Commission as~.follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The~next item of business-was consideration of a Petition~ for Annexatio~ of property betwee~ I-4 and Elder Road extended southerly and between S.R. 46 and, Hughey Street (S. Oregon Avenue) extended westerly, Sa~ford Interstate Properties, Inc., et al, owners. The City Manager reported that the Petitioners, had requested the second and final reading of the-Ordinance to annex be held to coincide, with the, DRI approval. Commissioner Thomas moved to authorize the City Attorney to prepare the prope~ ordinance~to annex sa~d property. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was. consideration of a request from Henry and Debra Bowlin to move a three (3) story house from 513 Oak Avenue to approximately 606 Oak Avenue, which'would require either removal of one large oak tree, or extreme, trimming of two large oak trees, plus trimming of other trees on Oak Avenue. Mr. Bowlin apueared and reported they want to restore the house, and that he has a petition signed by people living in the neighborhood, in favor of the proposed move. 1989 4 9 6 MINUTE S City Commission, Sanford, Florida December 11, 1989 Commissioner Howell damage possible. Seconded by Commissio~ as follows: moved to authorize the Commissioner Eckstein house to be moued¥ with the least and carried by the vote. of the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The-next item' of business was Sanford Trails Development, owner, for abutting Celery Avenue (C.R. 415) and.~ consideration' of a request fro~John~Vigianni, water'service to property lying~ north of and between Brisson Avenue extended northerly and Beardall Avenue extended northerly. The City Manager an executed Petition for Annexation of the property. authorize water service, with the stipulation that reported. Mr. Vigianni has. submitted Commissioner McClanahan mo~ved to the Applicant pay all costs and applicable fees, and City to record Annexation Petition and annex the~ property when it is contiguous. Seconded by Con~ission~r Eckstein and carried by the vote of the Commission~ as follows: Mayor Smith Aye Co~niss. ioner-Eckstein Aye Commissioner Thomas Aye Commission'er McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a.reque.st from Steven P. Schick., d/b/a Chick's Billiard Parlor, for· Game~ Room at 2709-South Orlando Drive,~ The~City Manager reported Mr. Schick has submitted an executed Condition's/Stipulations form and an executed No Trespassing Form. Mr. Steven P. Schick, 2519 Laurel Avenue, Sanford; Florida, appeared~ to support the request and reported the business- will cater to people who are serious about playing pool, and that he does not plan an age limit. Further, that he would cooperate with the Police Department. to prevent-loitering o~ the,.sidewatk in front of thebusines~'.and in the parking lot. Also, that he would, agree to limit his customers to person~ 18~years of age or older, or those under 18 years of a~e who are accompanied, by-an adult, Commissioner Howell moved, to authorize the game room with the 18 year age limit as agreed by Mr. Schick,~ Seconded. by Commissioner Thomas and carried by the, vote of the Commission as follows.: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner-Howell Aye The next item. of business~was consideration of a reques~ from, Alan Keens, to amend General Sanford Estates~Tri-Party Water and Sewer Agreements. The developer' requested a 6- month extension of the water and sewer commitments. MINUTE S 4 9 ? City Commission, Sanford, Florida December 11, Nicholas A, Pope.~ Esquires, 215 North Eola Drive, Orlando, Florida, appeared and stated he,.represe~ts the. Lake Mary Joint Venture which has now~.aequired a~la~ge portion of the Chase Groves. proue~ty which-is the. subject of water and sewer co~ittment, agreements which were. negotiated 18 to 24. months ago when a different developer was in charge. Further, Lake Mary Joint VeNture has plans to develou, and hopes to commence~ construction about June, 1R90. He stated their. Lender. wants assurance, on' an irrevocable-basis; that the capacity is available to the-project. Further; they would be very pleased to consider annexing into the City of Sanford, but it is not possible to get all of the owners of the property. expire. second. together to. make a 'decision by December 12, 1989, whe~ the commitments will Commissioner McClanahan moved to deny the request. Motion died for lack of a Commissioner HoweTl moved to extend the commitments, to. January 23, 1990. Seconded by Commissione~ Eckstein and ca~rie~ by the vou~ of the. Commission as follows..: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas. Aye Commissioner McClanahan Nay Commissioner HoweT1 Aye The. next. item of business was consideration, of Water System Improvements: Elevated:Storage Tank in southeast' Sanford, and demolitio~ and replacement-of one million gallon~ ground storage tank at French Avenue,. Commissioner' Thomas moved to authorize to advertise for Statements of Interest and Qualifications from engineering~ firms to design and prepare construction documents, Seconded by Commissioner: Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye CommiSsioner McClanahan Aye Commissioner Howell Aye The. next item of business was consideration of request from Martin Luthe~ King, Jr., Celebration-Committee for free use of Sanford Civic Center on January 14, 1990, for a religious service.. Commissioner Thom.as moved to authorize'.same. Seconded by Commissioner Eckstein an~ carried by the vote of the: Commission' as follows~: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consider.ation of request from~ Sanford Rotary Club for partial, reimbursement of cost of replacement piano for Civic Center. Memo submitted from the Director of~Parks recommending $300.00 reimbursement~ from unappropriated res.erves~ Commissioner McClanahan moved to authorize said $300.00 reimburseme~n~t from unappropriated reserves~ Seconded by Commissioner. Howe&l and carried by the vote of the Commission as follows: MINUTE S City Commission, Sanford, Florida Deoemb 11, 19 89 Mayor Smith Axe Comraissionex Ecks:tein Aye Commissioner Thomas. Aye Commissioner McClanahan Aye Commissioner Howell Aye On-motion of Commissioner Howell, seconded by' Commissioner Thomas.and~"carried by the vote of the Commission: as follows: Mayor Smith Aye Commissioner..Eckstein Aye Co~nissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 2081, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA. TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTIONOF SAID ORDINANCe, PORTIONS. OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD (C.R..427) (ONOP~A ROA~) AND LAKE JESSUP AND BETWEEN SANFORI) AVENUE AND BEARDALL AVENUE EXTENDED SOUTHERLY; SAID. PROPERTY BEING-SITUATED IN SEMINOLE COUNTY, FLOIAIDA., IN ACCORDANCE WITH THE VOLIYNTARY ANNEXATION PROVISIONS OF SECTION.: 171.044, FLORIDA STATUTES"; PROVIDING FOR SE~ERABILITY; CONFLICTS AND. EFFECTIVE DATE... was introduced and. placed on first reading.. On motion of Commissioner' Howell, seconded by Commissioner-McClanahan and. carried by the vote of the. Commission as.follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 2082, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE' CITY OF SANFORD, FLORIDA., UPON ADOPTION OF SAID ORDINANCE., POR~IONS~ OF THAT CERTAIN PROPERTY LYING BETWEEN WEST 13TH STREET. EXTENDED WESTERLY. AND. 25TH STREET (C.R.46A) AND BETWEEN' U.S. 17-92 AND VIHLEN"ROAD EXTENDED NORTHERLY~ SAID PROPERTY BEING.SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF~ SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner McClanahan, seconded by Commissioner~Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 2083, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY O~ SANFORD, FLORIDA, UPON; ADOPTION. OF SAID ORDINANCE, PORTIONS OF THAT CERTAIN PROPERTY LYING BETWEEN 27TH STREET AND PINE WAY EXTENDED WESTERLY AND BETWEEN U.S. 17-92 (S.R. 15-600) (ORLANDO DRIVE) AND SANFORD AVENUE; SAID PROPERTY BEING SITUATED IN SEMINOLE. COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA.STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.. MINUTES City Commission, Sanford, Florida December 11, 499 19 89 was~introduced, an~ placed on.first reading. On' motion of Commissioner Thomasi by the vote of the' Commission. as follows..: seconde~ by Commissioner McClanahan and carried Mayor Smith Aye Con~n,issioner Eckstein Aye C~issionerThomas Aye Commissione~r McClanahan Aye Commissioner. Howell Aye the-Mayor, City Attorney and. Finance- Director were authorized, access to Safety Deposit Boxes at First Union, National'Bahk for the purpose~of condu'cting th~ Annual. Audit. On motion: of Commissioner Thomas, seconded by Commissioner McClanahan and carried by the. vote of the., Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye requests-for payment of statements' wer.e~authorized, School Resource~ Officer Ag,r.eement-, an~ Minutes we=e A. Reques.ts for payment of~ statements~ (1) From Bryant, Miller and Olive, P~A. the. Mayor was authorized to execute a approved as follows: (Bond, Counsel) for Professional Services (2) for Series 1989 Water &.S.ew~r Revenue-Bonds ..................... From B~rke, Bales. & Mills Associates, Inc. for architectural Cultural Arts Center restoration. ............................... $ 11,421.43 services, on $ 1,000.00 (3) From' Speegle Construction-, Inc., for Vacuum Sewer Collection System, Contract I ...................................................... (4) From' Lee Construction~ Company of Sanford' for additions to Treatment Plant and Auxiliary Treatment Plant ................... (5) From Hoenco, Inc. for Jewett Lane Improvements .................................................... (6) $ 18,508.93 Main Water $ 18,000.00 Sewer $ 34,745.00 From' Speegle Construction, Inc. for Golf Course Reuse Irrigation. System- Contract' B ...................................................... $174,648.46 (7) From Sunshine~ Building and~ Lift Station and Force Mains (8) From Ardaman and Associates, Development-Corp. for Vacuum and Gravity System (Contract 2) ..................... $ 57,604.03 Inc. for-Twin Lakes Wellfield Development. waive the for a 40 square-.foot-dotuble Upsala Road. ............................................................... $ 2,888.15 (9) From Prairie Construction Co., Inc., for, SR 46 Water Main Extension ............................................................... $20,069~60 School Resource Officer Agreement dated November-21, 1989 for term of August 15, 1989 through June. 12, 1990. Minutes of December 4, 1989 Work--Session and December~ 6, 1989 Special. Meeting.. Mr. Jim Cabler, Partner, Sanford Central Park, appeared to ask the Commission. to 16 square, foot sign limitation' established by the Land Development Regulations faced sign at the~. main entrance, to Sanford Cent'ral Park, on 500 MINUTES City Commission, Sanford, Florida Dec·ember 11, ?he Director of Engineering reported the plan for the sign-has been-approved-' by the Planning and. Zoning Commission', and 'the Board of: Ad.justme-nt was.. requested to approve a dimensional, variance, to allow the.. 40 square foot sign instead~.~ of the-. 16..square feet allowed· by the Land Developme.nt Regulations. Further, the Board of' Ad.justme~t could not take action on December 8th because of lack of a quo.rum, and the:. de.,.ve.toper, has..~ a con:tractor "standing by" to construct the sign. waiver for the sign. Seconded. Commission as follows': Commission'er McClanahan moved to authorize a on'e-time by Commissioner Thom·as and cazr'ied-by the. vote of the Mayor Smith Aye Commission'er Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Memorandum submitted from. the Planning and Zoning Commission 7, 1989, as follows': meeting of December TO: City Clerk'~ FROM: Land Development Co~rdinator~ DATE: SUBJECT: December 8, 1989 Regularly scheduled meeting of the Planning and Zoning Commission, Thursday, December 7, 1989 at 7:00 P.M. in the City Commission Chambers, City Hall, Sanford, Florida FOR INFORMATION ONLY Unanimously approved the conditional use request for a single- family dwelling use on a non conforming lot for property located at 912 Maple Avenue in a MR-2 zone. Owner/rep: George Brinson. Un'animously tabled consideration for the site plan for a revision to the Montalvo Car Lot, an automotive dealer use, located at 818 French Avenue in a GC-2 zone for lack of representation. Owner: Eileen Montalvo Rep: Alberto Montalvo Unanimously tabled consideration of the site plan for Club Nautico, a boat rental use, located at Dock A at Monroe Marina in a SC-3 zone by request of staff for further information. Owner: Charles Volk Rep: Bob Smith By a vote of 6 to 1, approved the site/engineering plan for a farm road for Ted Arthur's Tree Farm, an agricultural use, for property located north of Narcissus Avenue and Rand Yard east of the zoo and south of U.S. Hwy 17-92 in a MI-2 and AG zones. Owner/rep: Ted Arthur, Tr. Unanimously tabled for lack of representation the consideration of the site plan for a detached sign for the Bronson Company, a Qholesale/.warehouse use located at 1101 Cornwall Road in a MI-2 zone. Owner/rep: Wm. T. Corp, Sr. Mm'. Clay Hartsoe appeared and reported the Code, Enforcement' Boa, rd has...fined: him $110.00 for a Code violation, during the period of time the. City Commission had.. asked, that a fine not be assessed. Commissioner McClanahan moved to-cancel th~...$110.00 fine'· Seconded. by Commissioner Eckstein and carried by the vote of the. Commission as follows;: 1989 MINUTES 5 0 1 City Commission, Sanford, Florida Decemger 11, 19 89 Mayor Smith Aye Coam~issione~ Eckstein Aye Co~nissioner Thomas. Aye Commissioner McClanahan Aye Coim%~issioner Howell Aye There being no. furthe~ businass, the meeting wa.s adjourned~..