040891-Regular Meeting528
MINU S
City Commission, Sanford, Florida
April 8,
19 91
The City Commission of the City of Sanford, Florida met in Regular Meeting on
Monday, April 8, 1991 at 7:00 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 William A. Simmons
City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
A public hearing was held in accordance with Notice published in the Sanford Herald
on March 19, and 29, 1991 as follows:
NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND
AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE
ZONING ORDINANCE OF 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 April 8, 1991, to consider changes and amendments to the
Zoning Ordinance of the City of Sanford, Florida, as follows:
A portion of that certain property lying between
Aldean Drive and Country Club Road (W 25th Street)
and between Upsala Road and Larkwood Drive is
proposed to be rezoned from SR-1AA, Single Family
Dwelling Residential to that of RMOI, Multiple-
Family Residential Office Institutional. Said
property being more particularly described as
follows:
Lots 3 & 4 Blk C, Idyllwilde of Loch Arbor, Section
4, as recorded in Plat Book 16, Page 100 of the
Public Records of Seminole County, Florida.
Ail 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 RESPECTTOANYMATTER CONSIDERED ATTHE ABOVE MEETING OR
HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS,
INCLUDINGTHE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED
BY THE CITY OF SANFORD. (FS 286.0105)
Janet R. Donahoe
City Clerk
Publish: March 19 and 29, 1991
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed rezoning.
Brent Carli, 300 Larkwood Drive, representative for neighbors, appeared in
opposition to said rezoning.
The Chairman asked for a show of hands from those persons present who were opposed
to said rezoning; approximately six to seven individuals raised their hands.
MINUTE S 5 2 9
City Commission, Sanford, Florida
19 93
L. R. Rice, 203 Forrest Drive, Loch Arbor, appeared and reported that everything
around the property proposed for rezoning is single-family residential except for Upsala
Presbyterian Church, that he did not believe an adequate description of the property was
provided nor properly noticed for public hearing, and that he has spoken with several
residents in the area, who are also opposed to said rezoning. Also, the original site plan
showed a fence on 46, A with no curb cut, that Seminole County has no record of a permit for
a curb cut on 46 A, of which said property has two, and that a traffic problem already exists
in the area. Further, should the Commission approve said rezoning, and the property is sold,
said property could be utilized as a drug rehabilitation center, or mental facility, and
requested that the Commission' deny said request to rezone.
City Clerk reported that the Public hearing was properly advertised by notice
published in the Sanford Herald.
Recommendation submitted from City Planner to deny said request to rezone.
On recommendation of 'Planning and Zoning Commission, Commissioner Howell moved to
deny request to rezone. 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 Condemnation Report #89-15, 2018
Mellonvilld Avenue, Sara Jacobson, owner. Commissioner McClanahan moved to authorize Staff
to proceed With demolition procedures, however, not to demolish if the owner completes or is
making a good faith effort, and working steadily to complete the outside repairs as required;
further, to authorize City Manager to take bids for contract to demolish, and bring said bids
back for City Commission review and approval. 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 Nay
The next item of business was consideration of a request from Mr. Ramsey to use the
temporary mobile office located at 702 South French Avenue (Pebble Junction) as a permanent
office. On recommendation of City Manager, Commissioner McClanahan moved to approve request
to use said temporary mobile office as a permanent office. 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
The next item of business was consideration of a request from Roxie Herrman d/b/a
Freedom Fireworks/Fireworks World, to waive 2-hour moving requirement/Peddler's License, to
sell fireworks at the vacant lot next to Scotty's at 8th Street and French Avenue, and the
Wal-Mart parking lot, from June 27, 1991 through July 4, 1991.
91
Dary1 Teal, representative for Freedom Fireworks, appeared and reported that he
continues to seek a non-profit organization to operate the tent, that said organization will
receive 20% of the general sales, and submitted an additional request to erect a tent and
sell fireworks at the vacant'lot located directly north of the Aamco Transmission Center on
the west side of 17-92 across from the Honda BMW Center, from June 27, 1991 to July 4, 1991
between the hours of 10:00 A.M, to 10:00 P.M. Commissioner Howell moved to table
consideration of request to waive said 2-hour moving requirement/Peddler's License to sell
fireworks, pending notification of the non-profit organization. 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 Commission next considered a request from Bette Gramkow, President, Seminole
Community Concert Association, to waive Civic Center rental fees, for all concerts during
1991, including those which have already been paid for and taken place. On recommendation
of City Manager, Commissioner Thomas moved to deny request to waive Civic Center rental fees
due to the City's fiat revenue projection and current budget situation, further, as a
minimum, charge Class B Rates in order to cover expenses. Seconded by Commissioner
McClanahan and carried by the vote of the Commission as follows:
Mayor Smith ~¥e
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a request to operate a Dance Hall
at 119 South Magnolia Avenue (1890's Saloon and Cattle Company).
Michael Bialek, 750 Coldwater Court, Maitland, Manager, 1890's Saloon and Cattle
Company, appeared and reported that they have been operating the establishment for a period
of two weeks, that the owner has a Seminole County Occupational License, that upon
notification that a City Occupational License was required, they submitted an application for
same. Further, they would like to hire an on-duty police officer for Friday and Saturday
nights, and that no complaints have been received during said two weeks of operation.
Jim Adamoli appeared and reported that Mr. Liebold, previous Manager, 1890's Saloon
and Cattle Company appeared at a previous Commission Meeting regarding same, but left before
the Commission made its ruling, that he was under the impression that the Commission approved
the request to operate said dance hall, and that, until recently, he was not aware that a
City license was needed. Also, he is in the process of purchasing the business.
City Attorney reported that the recent application is signed by the manager, not
an officer of the corporation, that the Commission has the option of either tabling the
matter pending additional information, or to approve the issuance of said Occupational
License, subject to verification of appropriate application on file, or proper documentation
authorizing Mr. Adamoli to act on behalf of said corporation.
MINUTES
City Commission, Sanford, Florida
April 8,
531
19 91
Commissioner Howell moved to approve the operation of a dance hall at 119 South
Magnolia Avenue, and the issuance of a conditional Occupational License for 1890'sSaloon and
Cattle Company, subject to verification of appropriate application on file, or proper
documentation from an officer of the corporation authorizing Mr. Adamoli to act on behalf of
said corporation. Seconded by Commissioner McClanahan and carried by the vote of the
Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The Commission next consideration Condemnation Items as follows:
A. Summary Status Report of all current and pending condemnations.
Request for time extension on Condemnation Report #90-3, 1113 West 10th
Street, Mary Leonard, owner.
Request to remove Condemnation Report #90-22, 1305 Olive Avenue, Oscar Redden,
owner, from condemnation list.
Request to commence demolition procedures on Condemnation Report %89-19, 1415
West 12th Street, Jordan/Simmons, owner.
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 Nay
the Commission:
A. Reviewed Summary Status Report.
Approved 90 day time extension for Condemnation Report %90-3, 1113 West 10th
Street, Mary Leonard, owner.
Approved the removal of Condemnation Report ~90-22, 1305 Olive Avenue, Oscar
Redden, owner, from the condemnation list.
Authorized Public Works Department to proceed with demolition of condemned
structure as requested.
The Commission next considered continuation of Contract with Personal Performance
Consultants for EAP Services, as discussed at tonight's Work Session. Commissioner Thomas
moved to authorize the continuance of said EAP Services Contract with Personal Performance
Consultants in amount of $10,155.00 annually, for FY 91/92 implementation.
Commissioner McClanahan and carried by the vote of the Commission as follows:
Seconded by
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The Commission next considered request to renew Contract with Insurance Servicing
and Adjusting Company (ISAC), for processing and handling of Worker's Compensation Claims,
as discussed at tonight's Work Session. Commissioner Eckstein moved to authorize the renewal
of said Contract with Insurance Servicing and Adjusting Company (ISAC), for processing and
handling of Worker's Compensation Claims at a percentage rate of .15% of payroll, with
possible increase in amount of $350.00 due to increase in payroll base. 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
City C°mmission~'Sanford, Florida .....
The Commission next considered request to approve various revisions and deletions
to the Personnel Rules and Regulations, and inclusion of same to said Personnel Rules and
Regulations, as discussed at tonight's Work Session. Commissioner Thomas moved to approve
said revisions and deletions to the Personnel Rules and Regulations, as described in Memo
dated March 19, 1991, from Personnel Director, and to authorize City Attorney to prepare the
proper ordinance to incorporate said revisions into the Personnel Rules and Regulations.
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
The Commission next considered proposed policy regarding continuation of City-paid
Health Insurance upon retirement, as described in Memo dated March 13, 1991, from Personnel
Director, and discussed at tonight's Work Session. Commissioner Eckstein moved to approve
policies as follows:
A. An employee will have met the criteria for eligibility for
continuation of city-paid health insurance at the time of
retirement upon completion of twenty-five (25) years service to
the City of Sanford.
This will entitle the retiring employee to the same health
insurance coverage as is afforded regular employees at the same
city and employee contribution rates that may be in effect.
Employees retiring for disability reasons aBd who meet the criteria
for disability retirement as prescribed by the Florida Retirement
System (F.R.S.) or who meet the criteria for disability retirement
as prescribed by the Police or Fire Pension Plan are eligible to
continued city-paid health insurance.
This will entitle the employee retiring for approved disability
reasons to the same health insurance coverage as is afforded
regular employees at the same employee contribution rate that is in
effect.
Upon attainment of age sixty-five (65) all entitlement to.city-paid
health insurance will cease.
Whenever a retiree becomes ineligible for continuation of city-paid
health insurance due to attainment of age sixty-five (65), they or
their eligible dependents may elect to continue this coverage at
their, own expense under the provisions of existing "COBRA" Law.
(Currently limited to 36 months.)
This policy would become effective Oct'ober 1, 1991 and would be
applicable to all retirements occurring on or after that date.
Current retirees will remain eligible for city-paid health
insurance as is afforded regular employees at the same employee
contribution rate that is in effect. The discontinuation clause
referred to in item (C) above is not applicable to retirements
occurring prior to October 1, 1991.
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 Commission next considered board appointments/re-appointments as follows:
Cemetery Advisory Board: The City Clerk reported that a vacant term expired
March 10, 1991; and Staff is awaiting recommendation from Cemetery Advisory
Board. The Commission took no action.
Be
Code Enforcement Board: The City Clerk reported that Building reports that
the Chairman of Code Enforcement Board recommends the appointment of Karl
Stairs and Marry Dillon as the two alternates to said board.
Commissioner Eckstein moved to appoint Ray Bertrand, and Martha "Marty" Dillon
as alternates to said Code Enforcement Board. Seconded by Commissioner Thomas
and carried by the vote of the Commission as follows:
MINUTES
City Commission, Sanford, Florida
April 8,
533
19 91
Mayor Smith. Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Recommendations submitted from Planning and Zoning Commission Meeting of March 21,
1991, as follows:
FROM:
City Clerk
Land Development Coordinator
SUBJECT:
Regularly Scheduled Meeting of the Planning and Zoning
Commission, Thursday, March 21, 1991 at 7:00 P.M. in the
City Commission Chambers, City Hall, Sanford, Florida.
DATE:
March 26, 1991
RECOMMENDATIONS
Unanimously recommended the denial of the request to rezone
from SR-1AA, Single Family Dwelling Residential, to that of
RMOI, Multiple Family Residential - Office - Institutional,
for 105 Aldean Drive for the purpose of a Bed and Breakfast or
Interior Decoration Center.
Owner/representative: D. Beverly Beske
Approximately twenty people in the audience were in
opposition.
The Commission next considered Consent Agenda Items as follows:
A. Request for payment of statements.
(1) From Professional Service Industries, Inc. for:
(a) Contamination Assessment at Police Department site...$ 5,024.00
(b) UST Leak Soil Remedial Action at Civic Center ........ $ 3,357.75
(2) From Jammal and Associates for:
(a) Master Wastewater Pump Station ....................... $ 229.00
(b) Vacuum Sewer Collection, Contract I .................. $ 1,045.00
(3) From City Attorney for Professional Services for
the month of March, 1991 ................................. $ 3,982.50
B. Approval of Vouchers for the month of March, 1991.
C. Approval of Minutes of March 25, 1991 Regular Meeting.
On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
the Commission:
A.
B.
C.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Approved payment of statements (1) through (3).
Approved Vouchers for the month of March, 1991.
Approved Minutes of March 25, 1991 Regular Meeting.
Commissioner Thomas moved to acknowledge six lump contract invoices approved for
payment totalling $124,672.58.
the Commission as follows:
Seconded by Commissioner Howell and carried by the vote of
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
City Commission, Sanford, Florida April 8,
19 91
The Commission next considered a request from Seminole Chemical Awareness Network
regarding Application for Community Partnership Demonstration Grant through the OSAP, for
drug and alcohol abuse prevention, as discussed at tonight's Work Session. Commissioner
Thomas moved to authorize a Letter of Commitment to said project, and to authorize SCAN to
act on behalf of the City of Sanford in all dealings concerning the OSAP Community
Partnership Grant program. Seconded by Commissioner Howell and carried by the vote of the
Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner McClanahan
Commissioner Howell
Aye
Aye
Aye
Aye
Aye
The Commission next considered a request from Sanford Historic Trust regarding the
Andres Duany Downtown Community Planning Project, as discussed at tonight's Work Session,
Commissioner Howell moved to approve the concept of the Andres Duany Downtown Community
Planning Project, and to authorize funding in amount not to exceed $6,000, for professional
services, to be funded from 90/91 Engineering and Planning Consultant budget. 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
Commissioner Eckstein requested that the City Commission officially support the
appointment of Paul Tremel to the Expressway Authority. Commissioner Eckstein moved to
endorse the appointment of Paul Tremel to the Expressway Authority. 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
Commissioner Thomas asked for a status report relative to his proposal that a
promotional video tape of the City of Sanford be prepared. City Manager reported that staff
has had preliminary discussions with other cities, who have done advertising videos, and will
report back to the Commission as soon as when he has more detailed information.
City Manager reported that the Building Official has requested that the property
located at 136 Country Club Drive be boarded up, and that Staff will perform a title search
regarding said property at the direction of the City Commission. Commissioner Eckstein moved
to authorize Public Works Department to board up said property, and to authorize Staff to
perform a title search regarding said property. 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
MINUTES
City Commission, Sanford, Florida
April 8,
535
City Manager requested that the City Commission approve Additional Engineering
Services Contract with Jammal & Associates in amount of $25,150.00, for on-going study for
determining groundwater contamination at the Police Department. On recommendation of City
Manager, Commissioner Thomas moved to authorize Staff to execute said Additional Engineering
Services Contract with Jammal and Associates in total estimated amount of $25,150.00, for
said study, to be funded from General Fund Reserves. Seconded by Commissioner Howell and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner gckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
City Manager reported that Staff has received a request from Anthony and Evan
People, to purchase City-owned property, E 194' Lot A, Amended Plat Elnora Square, PB 113,
P 482, for the sum of $300.00, and that the prospective buyers have indicated that said
$300.00 figure was simply an opening offer. Commissioner McClanahan moved to authorize Staff
to obtain an appraisal regarding said property, and to authorize the sale of same at the
appraised value plus appraisal fees. Seconded by Commissioner Eckstein and carried by the
vote of the City Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
City Manager reported that Lake Jessup Hunt Club has requested that the "Site 10"
lease be extended in amount of $200.00 per month, to be used by five members, for a period
not to exceed three months. Commissioner Eckstein moved to approve said "Site 10" lease with
Lake Jessup Hunt Club in amount of $200.00 per month, to be used by a total of five members
of the Lake Jessup Hunt Club, for a period not to exceed three months; cancellation to be at
the discretion of lessor or lessee. 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
City Manager reported that the "Make Sanford Shine" project will be held on
Saturday, April 20, 1991 at 8:00 A.M., and that he is in the process of soliciting other
civic groups to participate in said project.
There being no further business, the meeting was adjourned.
MAJOR
Attest.:
F City Clerk