032894-Regular MeetingMINUTES
City Commission, Sanford, Florida Regu 1 ar Neet i n g
143
March 28
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, March 28, 1994, 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
City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
Community Development Week.
Mayor Smith reada proclamation recognizing March 28 through April 4, 1994, as Community
Development Week, and presented same to the City Manager on behalf of the Community
Development Office.
Public Hearing to consider closing, vacating and abandoning that certain north-south alley
between Maple Avenue and French Avenue and'between West First Street and West Second Street,
as advertised in the Sanford Herald on March 14, 1994.
The City Clerk reported that the property was posted March 10, 1994, and the owners
notified March 9, 1994.
Recommendation submitted from the Plans Review Committee to approve the .vacating,
conditioned upon relocation of all utilities lying within the right-of-way, with the
developer paying all costs associated with same.
Kamron Khosravani, Conklin, Porter and Holmes, representative for McDonald's
Corporation, appeared and reported that he was available to answer questions, and that he
concurs with Plan Review Committee's stipulations.
On recommendation of the City Manager, Commissioner McClanahan moved to authorize
the City Attorney to prepare the proper ordinance to close, vacate, and abandon the alley as
requested,' subject to conditions/stipulations as recommended by the Plans Review Committee.
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
First reading of Ordinance No. 3202. On motion of Commissioner Thomas, 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. 3202, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A CERTAIN NORTH-SOUTH ALLEY
BETWEEN MAPLE AVENUE AND FRENCH AVENUE AND BETWEEN WEST
FIRST STREET AND WEST SECOND STREET; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Request from McDonald's Corporation to o~en and use City-owned east-west alley between Maple
Avenue and French Avenue and between West First Street and West Second Street in conjunction
with proposed McDonald's Restaurant, as discussed at tonight's Work Session.
The City Manager reported that the request is to open the east-west portion of the
allev, with the exceDtion of the aDDroximatelv easterlv twenty f20l fool wh~w~ eh~w~ ,.,ill
1994
MINUTES
City Commission. Sanford, Florida
Regular Meeting
March 28
19 94
be no curb cut onto French Avenue, with the alley being utilized in a one-way westerly
direction, and Firestone having access to utilize same when open.
On recommendation of the City Manager, Commissioner McClanahan moved to authorize
McDonald's Corporation to open and utilize the east-west alley, 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
P,,hlic Hearing to consider second reading and adoption of Ordinance No. 3201, as advertised
in the Sanford Herald on March 17, 1994; Walgreens/WEBProperties, Petitioner, as discussed
at tonight's Work Session.
Ordinance No. 3201, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A CERTAIN NORTH-SOUTH ALLEY
BETWEEN FRENCH AVENUE AND LAUREL AVENUE AND BETWEEN WEST
25TH STREET AND BAYARD STREET; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of March 14, 1994, 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. 3201.
Mayor Smith reported that the developer has requested that the public hearing be
tabled.
Kamron Khosravani, Conklin, Porter and Holmes, representative for WEB Properties,
appeared and reported that he was available to answer questions.
Commissioner McClanahan moved to table the public hearing to consider the second
reading and adoption of Ordinance No. 3201. 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
Petition for Annexation of a portion of property lying between SR 46 and St. John's Parkway
and between Towne Center Boulevard and Rinehart Road; Harold G. Hartsock, Trustee/owner. On
recommendation of the City Manager, Commissioner Howell moved to authorize the City Attorney
to prepare the proper ordinance to annex the property 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
Petition for Annexation of a~ortion of property lying between Fern Drive and Rose Drive and
between Palmway an4 Sanford Avenue; Randall W. Flake and John Edgar Perry, owners. On
recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney
to prepare the proper ordinance to annex the property as requested. 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 Regu 1 ar Meet i n g
145
March 28
Request from Celery City .Elks Lodge No. 542, for reduced rate of Civic Center rental fees,
for Annual Charity Ball on April 30, 1994.
City Manager reported that since his recommendation of "action as deemed
appropriate", Staff researched and determined that over the past two (2) years there have
been four (4) reduced rate requests, with alcoholic beverages. Further, the City Commission
previously authorized Staff to approve reduced rates if no alcohol was being served/dispensed
on the premises and if the event was open to the general public, and that Staff recommends
denial of this request because the event does not meet the criteria established for reduced
rates.
Commissioner Howell moved to approve the reduced rate of Civic Center rental fees,
for the Celery City Elks Lodge No. 542 Annual Charity Ball. Seconded by Commissioner Thomas.
Said motion failed the carry by the vote of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Nay
Commissioner Howell Aye
FY 92/93 Budget, as presented and discussed at tonight's Work Session.
the City Manager, Commissioner Thomas moved to accept the FY 92/93 Budget.
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
On recommendation of
Seconded by
FY94/95 Service Agreement with Roche Biomedical Laboratories. On recommendation of the City
Manager, Commissioner McClanahan moved to approve renewal of said Service Agreement with
Roche Biomedical Laboratories, for drug screening services for FY 94/95, with no price
increase in the current $17.00 testing fee. 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
FY 94/95 Contract with Personal Performance Consultants, Inc., regarding Employee Assistance
Program ("EAP"). On recommendation of the City Manager, Commissioner Howell moved to approve
renewal of said Contract with Personal Performance Consultants, Inc., to provide EAP services
for FY 94/95, with no increase in current annual cost level of $10,776.00 thru FY 94/95.
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
Amendment to Contract with Universal Engineering Sciences, for testing on CRA/Mall pro~ect.
On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of
Contract with Universal Engineering Sciences, for quality assurance inspection and testing
of road and infrastructure construction for Towne Center Boulevard, St. Johns Parkway and
North Towne Road, at unit prices specified in letter dated March 3, 1994, from Universal
Engineering Sciences, in estimated amount of $42,870.00; funding to come from TIF bond
proceeds. Seconded by Commissioner Howell and carried by the vote of the Commission as
follows:
19
94
146 ~
MINUTES
City Commission. Sanford. Florida
Regular Meeting
March 28
19 94
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
First reading of Ordinance No. 3203.
Mayor Smith announced that she would not be voting on this item, and will file a
Conflict of Interest Form with the City Clerk's Office.
On motion of Commissioner Howell, seconded by Commissioner Thomas 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
Ordinance No. 3203, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX
WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON
ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN
PROPERTY LYING BETWEEN OLD LAKE MARY ROAD AND THE SCL
RAILROAD RIGHT-OF-WAY AND BETWEEN WEST 25TH STREET AND
AIRPORT BOULEVARD, 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.
First reading of Ordinance No. 3204.
City Manager reported that the motion needs to include a cessation date, and
recommended two (2) years from adoption, of this ordinance.
In consideration of the evidence presented at the first hearing, and on
recommendation of the City Manager, Commissioner Howell moved to approve the first reading
of Ordinance No. 3204, with a cessation date of two (2) years from the date of adoption of
this ordinance. Said Ordinance No. 3204, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3185 ENACTED JANUARY 1, 1994, SAID
ORDINANCE REGULATING THE CONCENTRATION OF ADULT
ENTERTAINMENT ESTABLISHMENTS, ETC.; AMENDING SEC. 32.
NONCONFORMING USES THEREIN PROVIDING FOR A TIME CERTAIN
FOR CESSATION OF OPERATION OF NONCONFORMING USES;
AMENDING SEC. 33. VARIANCES. THEREIN PROVIDING FOR
VARIANCE PROCEDURE FROM THE DISTANCE AND ZONING
REQUIREMENTS OF THE SAID ORDINANCE; PROVIDING FOR
CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE
DATE.
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
Recommendations from Planning and Zoning Commission Meeting of Thursday, March 3, 1994. No
further action required or taken.
Consent Agenda.
A.
Request for payment of statement from City Attorney for Title Insurance
for Stormwater/Drainage Acquisition - Mill Creek/Cloud Branch in amount of
$2,625.00. City Manager recommended authorization to pay.
B. Tabulations of Bids and Quotes.
(1)
Bid %93/94-29, Street Sign Materials (Public Works Department). City
Manager recommended acceptance of lowest prices, which met
specifications, as described in memo dated March 15, 1994 from Public
Works Director, frOm Municipal Supply & Sign Company for sign blanks,
and from Universal Signs and Accessories for hardware and sign posts,
with total estimated amount not to exceed $12,000.00.
FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
L ^ST NAME--FIRST NAME--MIDDLE NAME
Smith, Bettye D.
MAILING ADDRESS
103 Country Place
CITY COUNTY
Sanford, FL Seminole
DATE ON WHICH VOI'E OCCURRED
March 28, 1994
NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
City Commission
THE BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNll' OF:
:.~CI'I'Y ,: COUNTY t', OTHER I.OCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
City of Sanford ·
MY POSITION IS:' v
0.~ ELECTIVE ~ ] APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or Committee. it applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law; you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which-you have a conflict of'interest will (,ary greatly'depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112;3143, FLORIDA, STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or othe~ local.public office MUST ABSTAIN from voting on a measure which inure.,
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the specia
gain of a principal (other than a government agency.) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordinl
the minutes of the meeting, Who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive cb~umy, municipal, or other local public office MUST ABSTAIN from voting on a measure whic'
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mu:
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, wheth~
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIC]
THE VOTE WILL BE TAKEN:
· You should complete and file this form (betbre making any attempt to influence the decision) with the person responsible
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of intere.'
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE' DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature ot' your conflict in the measure before participating.
· You should complete Ihe form and file it within 15 days after the vote occurs with the person responsible for recording the minut~
of the meeting, who should incorporate the form in the minutes.
· by whom i am retained
of Ordinance No. 3203 to annex a parcelof property which I own.
DISCLOSURE OF LOCAL OFFICER'S INI'~RE~i'
1, Bettye D, Smith , hereby disclose that on March 28 , 19 94 _
(a) A measure came or will come before my agency which (check one)
X inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
First Reading
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI]
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
MINUTES
147
City Commission, Sanford, Florida Regul ar Meeting
March 28
1994
{2) Quote for materials to repair sea wall (Public Works Department). City
Manager recommended acceptance of lowest quote, from Rinker Material in
amount of $32.00 per cubic yard.
(3) Bid ~93/94-30, Intercom systems for fire apparatus (Fire Department).
City Manager recommended acceptance of lowest bid, which met
specifications, from Ten-8 Fire Equipment, Inc. in amount of $6,234.13.
C. Approval of Minutes of March 14, 1994, Work Session, and Minutes of March 14,
1994, Regular Meeting.
On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
the Commission:
A.
B.
Ce
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Authorized payment of City Attorney's statement in amount of $2,625.00.
(1)
Accepted lowest prices, which met specifications, as
described in memo dated March 15, 1994 from Public Works Director, from
Municipal Supply & Sign Company for sign blanks, and from Universal
Signs and Accessories for hardware and sign posts, with total estimated
amount not to exceed $12,000.00.
(2)
Accepted lowest quote, from Rinker Material ina mount of $32.00 per cubic
yard.
(3)
Accepted lowest bid, which met specifications, from Ten-8 Fire Equipment,
Inc. in amount of $6,234.13.
Approved Minutes of March 14, 1994, Work Session; and Minutes of March 14,
1994, Regular Meeting.
permit fee, all for estimated total cost of $44,690.86; funding for same is available in the
amount of $1,000.00 made payable to the Florida Department of Environmental Protection, for
Construction Contract with Lee Construction, and to .authorize Staff to issue a check in
City Manager, Commissioner McClanahan moved to approve Change Order No. 7, to said
near Highway 17-92 bridge, as discussed at tonight's Work Session. On recommendation of the
Change Order to Lee Construction Contract, for installation of seasonal discharge feed line
from Water Reclamation Facility to the wet weather discharge Doint in the St. John's River
Sandler.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Information regarding invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged three (3) invoices totalling $18,538.25.
Recognition of Walter "Rocky" Ellingsworth. Commissioner Howell nominated Walter "Rocky"
Ellingsworth as Employee of the Month, for his efforts/contributions with respect to the
Little League Opening Ceremonies.
Holiday Inn Lease, as discussed at tonight's Work Session.
City Attorney reported that he noted in Bernard Sandler's cover letter the
statement that if the City does not accept the lease, he would ask Resolution Trust
Corporation ("RTC") toproceed, and that RTC has not been waiting on Mr. Sandler, nor does
it take its cue from Mr. Sandler. Also, the City Attorney's office has been active with
hearings and pleadings, and will keep the Commission apprised as this case develops.
Further, he is not comfortable with the lease in its present form.
Commissioner Eckstein moved to deny the Holiday Inn Lease as proposed by Bernard
Seconded by Commissioner Thomas and carried by the vote of the Commission as
148
MINUTES
City Commission, Sanford, Florida Re§ u ] at Meet i n 9
March 28
1994
current contract. 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
Reconsideration of Bid #93/94-24, Laboratory Equipment (Utility Department), as discussed at
tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to
rescind the previously accepted (February 28, 1994) second lowest bid, which after review did
not meet specifications, from Fisher Scientific Company, and to accept the third lowest bid,
which meets specifications, from Cole-Parmer Instrument in amount of $2,000.00. 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
Designation of Registered Agent for Seminole Towne Center Community Development Agency, as
discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner
Thomas moved to designate the City Manager as the Registered Agent for correspondence with
the Florida Department of Community Affairs regarding the Seminole Towne Center Community
Redevelopment Agency. 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
Request from Building Official for Additional Personnel, as discussed at tonight's Work
Session. On recommendation of the City Manager, Commissioner Howell moved to authorize the
Building Official to hire one (1) full-time inspector and part-time plans examiner, on a
temporary contractual basis, for approximately two (2) years, with a pay grade of 235/15, for
work related to construction of the Seminole Towne Center; and if one person cannot be found
who meets the requirements, to hire a full time contractual inspector and a part time
contractual plans examiner. Seconded byCommissioner 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
There being no further business, the meeting was adjourned.
Attest:
City' ~lerk