080993-Regular Meeting MINUTES
City Commission, Sanford, Florida Reg u 1 ar Meet i ng
661
August 9 19 93
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, August 9, 1993, 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, Jr.
Commissioner A. A. McClanahan
Commissioner Lon K. Howell
City Attorney William L. Colbert
City Manager William A. Simmons
Deputy City Clerk Linda L. Brace
Absent: City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
Presentation of Outstanding Race City and Con~unit¥ Program Award.
Director of Recreation and Parks reported that the City of Sanford received the
Outstanding Race City and Community Program Award during the All-American Soap Box Derby,
which was held in Akron, Ohio on Tuesday, August 3, 1993, and presented Mayor Smith with a
plaque regarding same.
Public Hearing to consider the adoption of Ordinance No. 3166, amendments to the Land
Development Regulations regarding Mining (borrow pit) Requirements, Wellfield Protection,
etc., as advertised in the Sanford Herald on August 4, 1993.
Ordinance No. 3166, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1990, SAID ORDINANCE BEING THE LAND
DEVELOPMENT REGULATIONS OF SAID CITY SAID AMENDMENT
MAKING MAJOR REVISIONS TO MINING REQUIREMENTS IN SCHEDULE
B - PERMITTED USES AND SCHEDULE E - ADDITIONAL
REQUIREMENTS FOR SPECIFIC USES AND MODIFICATIONS TO
WELLFIELD PROTECTION REQUIREMENTS IN SCHEDULE M -
ENVIRONMENTALLY SENSITIVE LANDS; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of July 26, 1993, 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. 3166. No one appeared.
On recommendation of the City Manager, Commissioner McClanahan moved on second
reading and adoption of said Ordinance No. 3166. 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
Public Hearing to consider second reading and adoption of Ordinance No. 3167, as advertised
in the Sanford Herald on July 29, 1993.
Ordinance No. 3167, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A
ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A
PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN THE
ABANDONED SCL RAILROAD RIGHT-OF-WAY AND VIHLEN ROAD AND
BETWEEN UPSALA ROAD AND OLD MONROE ROAD EXTENDED
SOUTHERLY FROM SR1-AA, SINGLE FAMILY DWELLING
RESIDENTIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of July 26, 1993, 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
662
MINUTES
City Commission, Sanford, Florida Regular Meeting
August 9
19 93
3167.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
Seconded by Com.m..issioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Petition to Annex (water service only) a portion of property lying between Sanford Avenue and
C~press Avenue and between North Way and By-Way, Louis G. and Sarah Scott, owners. On
recommendation of the City Manager, Commissioner McClanahan moved to authorize water service,
with applicant to pay all costs and fees associated with same, and to record the Annexation
Petition and annex the property when annexable. Seconded byCommissioner 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
Request from Joseph Whitaker, for Class 3 Special Alcoholic Beverage Registration at 2565
French Avenue (Riverboat Willie's). On recommendation of the Planning and Zoning Commission,
Commissioner McClanahan moved to approve the Alcoholic Beverage Registration for this
location, as requested. Seconded by Commissioner Eckstein and carried by the vote of the
Commission as follows:
Condemnations.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
A. Status Report of all current and pending condemnations. (No action required
or taken.)
B. Request for time extension regarding Condemnation Report #90-7, 408 1/2
Cypress Avenue, Ruth Allen, owner.
On recommendation of the City Manager, Commissioner. Thomas moved to authorize a 90
Seconded by Commissioner Howell and carried by the vote of the Commission as
day extension.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
C. Status Report regarding 2018 Mellonville Avenue, Sara Jacobson, owner.
Mayor Smith announced that the Building Official recommends that this property be
removed from the condemnation list, and a letter sent to the Seminole County Property
Appraiser, requesting that said Property be reinstated on the tax roll.
On recommendation of the City Manager, Commissioner Thomas moved to remove 2018
Mellonville Avenue from the Condemnation list, and to authorize Staff to prepare a letter to
the Seminole County Property Appraiser, requesting reinstatement of this property on the tax
roll. 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
MINUTES
City Commission, Sanford, Florida Regul ar Meeting
663
August 9
19 93
Request from Reverend Player President, Inter-denominational Ministerial Alliance, for 90 day
extension regarding Condemnation Report %93-03, 1017 West 13th Street, Westside Improvement
Association, Inc.e owner. On recommendation of the City Manager, Commissioner Howell moved
to authorize a 90 day extension as requested. 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
Request from Ron Picotte, Manager, Uncle Nick's Lounge and O~ster Bar, 2605 Park Drive, for
waiver of Chapter 3, Section 3-12, to sell alcoholic beverages on Sunday, August 15, 1993,
from 1:00 P.M. to 11:00 P.M., for fundraiser. On recommendation of the City Manager,
Commissioner Thomas moved to deny the request unless the format is for other than sale of
alcoholic beverages. 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
First reading of Ordinance No. 3168. On motion of Commissioner McClanahan, 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
Ordinance No. 3168, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX
WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON
ADOPTION OF SAID ORDINANCE, PORTIONS OF THAT CERTAIN
PROPERTY LYING BETWEEN NARCISSUS AVENUE AND WEST FIRST
STREET AND BETWEEN RIVERVIEW AVENUE.AND TERWILLIGER LANE,
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.
Board appointments/re-appointments.
ae
Board of Adjustment: The Deputy City Clerk reported that the terms of Larry
Blair and Joseph G. Hartwig expire September 2, 1993, that Mr. Blair is
willing to service again, if re-appointed; Mr. Hartwig is not willing to
serve again.
Commissioner McClanahan moved to re-appoint Larry Blair, and to appoint Carol
Dennison to replace Joseph G. Hartwig on the Board of Adjustment. Also, to
thank Mr. Hartwig for his service on said board. 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
Consent Agenda.
Request from City Attorney for payment of July, 1993, Statement in amount of
$8,662.00.
Tabulation of Quotation for emergency purchase of two upper filter belts
(Utility Department). City Manager recommended approval for emergency
purchase of belts, and acceptance of lowest quotation from Textile
Engineering in amount of $1,300.00 each; totalling $2,600.00.
C8
Tabulation of Bid 992/93-46, Miscellaneous Site 10 Work, Contract II (Utility
Department). City Manager recommended rejection of only bid, from H.C.
Connell, which was well over engineer's estimate.
D. ADDroval of Vouchers for th~ M~n~h ~f J~lv lqq~
664
MINUTES
City Commission, Sanford, Florida
Reqular Meeting
August 9
19 93
Ee
Approval of Minutes of June 28, 1993, Work Session; June 28, 1993, Regular
Meeting; and July 12, 1993, Work Session.
On motion of Commissioner Thomas, 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 Commission:
Information
contracts.
A. Approved payment of City Attorney,s July, 1993, Statement in amount of
$8,662.00.
B. Approved emergency purchase of two upper filter belts, and accepted lowest
quotation from Textile Engineering in amount of $1,300.00 each; totalling
$2,600.00 for same.
C. Rejected only bid from H.C. Connell.
D. Approved Vouchers for the Month of July, 1993.
E. Approved Minutes of June 28, 1993, Work Session; June 28, 1993, Regular
Meeting, and July 12, 1993, Work Session.
regarding invoices paid during the period for previously approved lump sum
The Commission acknowledge two invoices totalling $443,515.70.
Sanford Welcome Signs.
Commissioner Eckstein submitted the names of Tim Raines, Red Barber and Jim Courier
as possible honorees.
After discussion, the Commission directed Staff to prepare a plan regarding the
length of time events should be displayed, and to provide a list of potential honorees, for
City Commission consideration.
City of Sanford as potential site for New York Yankees Spring Training Camp.
On request of Commissioner Thomas, the Commission concurred to have City Manager
find out what types of accommodations/facilities the New York Yankees would require to
consider the City of Sanford as a potential Spring Training Camp site.
Status Report regarding former Sanford Gasification Plant.
City Attorney reported that the City Commission previously approved funding in an
amount not to exceed $40,000.00, for a contamination assessment study relative the former
Sanford Gasification Plant; of which $30,000.00 has been spend to date. Further, two
monitoring wells will be installed within the next two weeks; the City's share $5,100.00.
Further, a written contamination assessment reported is expected within six (6) to eight (8)
weeks, at which time said report will be forwarded to the Department of Environmental
Protection for review and comments.
Offer from Helen Constantine, Nicholas Constantine, Constance Fox and Charles Fox, to donate
vacant properties at West 9th Street and Holly Avenue Lots i & 2, Block 11, Tier 11 and west
1/2 of Block 11 (Less Railroad) Tier 11, A.C. Martins Addition, conditioned upon waiver of
Code Enforcement Board fine in amount of $11,040.00, which continues to accrue at the rate
of $100.00 per day until compliance is met. City Manager reported that Community Development
Officer, Charles Rowe, has advised that one of these parcels could be used to help Edna
Burden, whose property received extensive flood damage, and conveyed under similar
arrangement as described in memorandum dated August 4, 1993, from City Manager, through
Habitat of Humanity. City Manager recommended that the Commission authorize Staff to
negotiate two separate contracts with property owners, for conveyance of properties directly
MINUTES
City Commission, Sanford, Florida
Regular Meeting
August 9
19 93
to Golden Rule and Habitat for Humanity as described in the afore-mentioned memo. Also, to
authorize Staff to pursue the possibility of having Edna Burden deed her property located at
1112 West 14th Street to the City, as part of the Cloud Branch flooding correction, should
Ms. Burden be interested in acquiring one of said three donated parcels.
After discussion the Commission concurred to authorize Staff.. to proceed as
recommended by the City Manager.
Request to board up proDert~ located at 1200 Magnolia Avenue. On recommendation-of the City
Manager, Commissioner Eckstein moved to authorize Public Works to board up this property as
Seconded by Commissioner Thomas and carried by the vote of the Commission as
requested.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Park on Park - 8th Street and Orange Avenue.
On request of Commissioner Eckstein, the Commission directed Director of Recreation
and Parks Mike Kirby, to pursue the possibility of constructing a park on park at 8th Street
and Orange Avenue.
Petition to Annex (emergency water service) a portion of property lying between East Airport
Boulevard and Cornwall Road and between SCL Railroad right-of-way and Mellonville Avenue;
United Property Group, Inc., owner; Alice Kling, petitioner. On recommendation of the City
Manager, Commissioner McClanahan moved to authorize the City Attorney to prepare the proper
ordinance to annex property as requested, with emergency water service in the interim.
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
Audience Participation.
Robert Johnson, 311 West 10th Street, appeared and reported that his car received
considerable damage ($400.00) as result of driving over an indenture in the road and hitting
a manhole cover at 9th Street and Elm Avenue, that he filed an accident claim with the City,
which was rejected by the City's insurance carrier, and that he wanted to give the City the
opportunity to resolve the situation rather than filing a lawsuit against the City.
City Manager reported that on Thursday, August 5, 1993, the Finance Department
referred Mr. Johnson to the City's insurance carrier. Further, City Manager, Finance
Director Carolyn Small, Utilities personnel, and an insurance representative have been out
to the site, and all have indicated that they fail to see how the manhole could have
sufficient projection above ground to cause such damage.
Finance Director Carolyn Small reported that according to the police report, which
was filed the day of the incident, the manhole appears to be okay. Also, she and the
insurance adjuster were at the site this evening, and both concur that there does not appear
to be anything wrong with the manhole cover to justify this type of damage, unless Mr.
Johnson was speeding.
666
MINUTES
City Commission, Sanford, Florida
Regular Meeting August'9
19 93
City Manager reported that he will meet with Johnny Blake, Sewer Superintendent,
and Mr. Johnson at the site tomorrow to take another look at the situation.
There being no further business, the Meeting was~~~djoturne~.~//~?~-~
Attest:
~ City Cl4r~'-