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~..