052394-Regular Meeting MINUTES
City Commission, Sanford, Florida _Reg u ] ar Meet i n_§
~89
May 23
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, May 23, 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
Deputy City Clerk Linda L. Brace
Absent: City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
R_ecognition of Seminole High School Girls Track Team. Mayor Smith introduced Coach Nate
Perkins, who presented the Seminole High School Girls Track Team, State Champions, as
follows: Tenelle Hersey, Katina Perry, Shawana Montgomery, Wymieka Davis, Belinder Morgan,
and Mindee Hampton.
Adoption of
entitled:
Resolution No. 1686. Commissioner Thomas moved to adopt Resolution No. 1686,
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, COMMENDING
AND EXPRESSING PRIDE IN THE SEMINOLE HIGH GIRLS TRACK
TEAM FOR THEIR OUTSTANDING PERFORMANCE AND
ACCOMPLISHMENTS THROUGH THE PAST FOURTEEN YEARS.
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
Closing, vacating andabandoning a 7 1/2 foot wide north-sOuth drainage and utilityeasement
lying on the east side of the property at 101 Sweet Gum' Court, as advertised in the Sanford
Herald on May 5, 1994.
The Deputy City Clerk reported that the property was posted May 4, 1994, and the
owners notified May 2, 1994.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the vacating. No one appeared.
Recommendation submitted from the Plans Review Committee to approve the vacating,
conditioned upon a sightproof fence being erected to buffer adjacent properties if the
22'X32" concrete slab is to be utilized for large equipment, automobile, or boat storage
and/or repair; and the driveway approach be set back five (5) feet from the property line to
allow for a five (5) foot apron as required by Land Development Regulations.
On recommendation of the City Manager, Commissioner Thomas moved to approve the
vacating of the easement, less the north ten (10) feet, and less the ten (10') foot easement
across the rear of Lot 12, subject to Plans Review Committee conditions.
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
Seconded by
Public Hearing to consider second reading and adoption of Ordinance No. 3210, as advertised
in the Sanford Herald on May 12, 1994.
Ordinance No. 3210, entitled:
1994
190
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City Commission, Sanford, Florida Re§u ] ar' Meet i n,q
May 23
19 9_4~
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING AN
APPROVED PLANNED DEVELOPMENT PROJECT PLAN OF SAID CITY;
SAID AMENDMENTS CHANGING THE ZONING OF A PORTIONOF THAT
CERTAIN PROPERTY LYING BETWEEN SR 46 AND RINEHART ROAD
AND BETWEEN TOWNE CENTER BOULEVARD AND RINEHART ROAD
ZONED PD, PLANNED DEVELOPMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of May 9, 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. 3210.
Bruce Anderson, representative for applicant, appeared and reported that he was
available to answer questions.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3210. 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 Emory and Gladys Green, for waiver of City liens on property located at 9th
Street and Sanford Avenue; tabled at May 9, 1994 Meeting, Dending Staff review,
comments/rec~,m,endations.
City Manager reported receipt of a letter from Mr. and Mrs. Green requesting that
this item be continued for another meeting. Also, Staff will discuss a new concept at the
June 13, 1994, Work Session, which may help solidify this issue.
Commissioner Howell moved to table consideration of this item until June 13, 1994.
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
Offer from the Over 50 Club to donate a flagpole and flag for installation in the courtyard
at the Senior Center, with a plaque acknowledging said donation. On recommendation of the
City Manager, Commissioner McClanahan moved to accept said donation. 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 for emergencywater service for a portion of property lying'between Hidden Lake Drive
and Meadow Drive and between Art Lane and Driftwood Lane extended northerly (720 Meadow
Street); James R. and Dolores K. Smith, owners. On recommendation of the City Manager,
Commissioner Howell moved to approve emergency water service, with the applicant to pay all
costs associated with same, with the Annexation Petition to be recorded, and to proceed with
the annexation of the property. 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
MINUTES
City Commission, Sanford, Florida Requ 1 ar Meet i n q
191
May 23 19 94
Request for water service prior to annexation for a portion of property lying between West
5th Street and Jewett Lane and between Airport Boulevard and Brown Avenue extended southerl¥
(2701 West 5th Street); Heritage Acquisition Corporation, owner. On recommendation of the
City Manager, Commissioner McClanahan moved to approve water service, with the applicant to
pay all costs associated with same, with the Annexation Petition to be recorded, and to
proceed with the annexation of the 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
Interlocal Agreement with Seminole County regarding Joint NPDES Stormwater Permit
Application, as discussed at tonight's Work Session. On recommendation of the City Manager,
Commissioner Howell moved to authorize execution of said Interlocal Agreement, with the
City's Cost of $27,518.00 coming from the Stormwater Utility Fund. Seconded by Co~r~F, issioner
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
Proposal from Conklin, Porter & Holmes, for engineering services regarding utility relocation
work along CR 46A between Oregon Avenue and approximately 400' east of Upsala Road. On
recommendation of the City Manager, Commissioner Thomas moved to authorize execution of the
Letter of Proposal with Conklin, Porter & Holmes, in estimated amount of $36,975.00, for
utility relocation work associated with Seminole County's CR 46A widening project. 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
Request from Department of Environmental Protection ("DEP"), for City to adopt a resolution
declaring June 5 throughll, 1994, as Safe Boat Week. On reCommendation of the City Manager,
Commissioner Eckstein moved to adopt Resolution No. 1685, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, DESIGNATING
JUNE 5, 1994 THROUGH JUNE 11, 1994, AS SAFE BOATING WEEK
IN THE CITY OF SANFORD, FLORIDA.
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
Health Insurance Coverage for FY 94/95, as discussed at tonight's Work Session. On
recommendation of the Health Insurance Committee, Commissioner McClanahan moved to accept the
proposal from Prudential Insurance. 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
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MINUTES
City Commission, Sanford, Florida Regu l ar Meet i nq
May 23
19 94
First reading of Ordinance No. 3211; tabled at May 9, 1994 Meeting. 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. 3211, entitled:
AN oRDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3176; AMENDING SECTION 17.29 OWNER
RESPONSIBLE FOR ILLEGALLY PARKED VEHICLES, SECTION 17.30
REMOVAL AND IMPOUNDING OF ILLEGALLY PARKED VEHICLES, AND
SECTION 17.31 FINES FOR PARKING VIOLATIONS; PROVIDING FOR
CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3212. 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
Ordinance No. 3212, 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 ROSE DRIVE AND FERN DRIVE AND
BETWEEN PARK AVENUE EXTENDED SOUTHERLY AND PALM WAY, 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. 3213. 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
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3213, 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 OAK AVENUE AND PARK AVENUE AND
BETWEEN W. 28TH STREET AND LAUREL DRIVE, 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. 3214. 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
Ordinance No. 3214, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ADOPTING
AND AMENDING CHAPTER 9 OF THE SANFORD CITY CODE TO
PROVIDE FIRE PREVENTION AND SAFETY CODES; PROVIDING FOR
VIOLATION OF CODE; ENFORCEMENT BY THE BUREAU OF FIRE
PREVENTION; DUTIES OF THE FIRE LOSS MANAGEMENT BUREAU;
INVESTIGATION OF FIRES; RECORD KEEPING; PERIODIC
INSPECTIONS; COMPLIANCE WITH CODES, PROVIDING FOR
INSPECTION AND FALSE ALARM FEES; PROVIDING FOR AUTOMATIC
FIRE sPRINKLER SYSTEMS REOUIREMENTS: PROVIDING FOR
MINUTES
City Commission, Sanford, Florida Re§ u 1 ar Meet i ng
'193
May 23 1994
AMENDMENTS TO THE FIRE PREVENTION CODE NFPA 1 RELATING TO
ASSISTANT TO FIRE MARSHALL, CONFLICT RESOLUTION, GENERAL,
SPECIAL PERMIT REQUIRED, REQUIRED ACCESS FOR FIRE
APPARATUS, AUTOMATIC FIRE SPRINKLER SYSTEMS, MONITORING
REQUIRED, INSPECTION, TESTING, AND MAINTENANCE; PROVIDING
FOR ADOPTION OF APPENDICES E, F & G OF NFPA 1; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3215. 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
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3215, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A PORTION OF JEWETT LANE LYING
BETWEEN RINEHART ROAD AND UPSALA ROAD; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Information from Planning and Zoning Commission Meeting of Thursday, May 5, 1994, as
described in memorandum dated May 9, 1994, from Land Development Coordinator. No action
required or taken.
Board appointments/re-appointments/resignations.
Planning & Zoning Commission: Deputy City Clerk reported that the terms of
Leon Brooks, Thomas A. Speer and John W. Leroy expire June 30, 1994.
Commissioner McClanahan reported that John W. Leroy cannot serve another
term, that Thomas A. Speer does not wish to be re-appointed, and moved to
appoint Ross Robert and Lynn Stogner to replace Mr. Leroy and Mr. Speer.
Also, to re-appoint Leon Brooks to the Planning & Zoning Commission.
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
Waterfront Master Plan Steering Committee: Deputy City Clerk reported that
the terms of Larry Strickler, Kay Bartholomew, Jack W. Wert, Connie Williams,
Mike Davis Gary Briggs, Chuck Volk, and Laura Straehla expire June 28, 1994.
Mayor Smith reported that the Committee does not have re-appointment
information/recommendations at this time.
Civil Service Board: Deputy City Clerk reported that the terms of Ernie A.
Cavallaro (City Commission appointed), who has been contacted and is willing
to serve again, if re-appointed; Gordon Butcher (Employee Elected); Bill
McQuatters (Civil Service Board Appointed), and George Rufas (Alternate)
expire June 30, 1994. The Commission took no action.
Code Enforcement Board: Deputy City Clerk reported that the terms of Bradford
J. Gonzalez and Robert M. Keith expire June 30, 1994, both have been
contacted; Mr. Gonzalez is willing to serve again, if re-appointed, and Mr.
Keith does not wish to be re-appointed. The Commission asked Staff to
provide alternate member information at the next meeting.
A. Waterfront Master Plan Steering Committee:
Commissioner Thomas moved to appoint John Williams to the Waterfront Master
Plan Steering Committee. 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
C. Code Enforcement Board:
Commissioner Howell moved to appoint Anthony People to the Code Enforcement
Board, replacing George A. Myles as alternate member, with Mr. Myles moving
into the regular member position, and thanked Robert M. Keith for his service
on the Code Enforcement Board. Seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
194
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City Commission~ Sanford, Florida
Re,qul ar Meeting
May 23
19 94
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Fire Pension Trustees Board: Deputy City Clerk reported that pursuant to
memorandum dated May 11, 1994, from Finance Director, the Firefighters' Board
of Trustees accepted Finance Director Carolyn Small's resignation from this
board, and requests that the Commission accept Ms. Small's resignation and
appoint her as Staff Liaison with ministerial duties.
Commissioner McClanahan moved to accept Carolyn Small's resignation from the
Fire PenSion Trustees Board, and to appoint Ms. Small as Staff Liaison with
ministerial duties. 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
Police Pension Trustees Board: Deputy City Clerk reported that pursuant
memorandum dated May 11, 1994, from Finance Director, the Police Officers'
Board of Trustees accepted Finance Director Carolyn Small's resignation from
this board, and voted to elect Michael Bennett to replace Ms. Small.
Further, the board requests that the Commission accept Ms. Small's
resignation and confirm the appointment of Michael Bennett to said Police
Pension Trustees Board.
Commissioner Thomas moved to accept Carolyn Small's resignation from the
Police Pension Trustees Board, to appoint Ms. Small as Staff Liaison with
ministerial duties, and to confirm the appointment of Michael Bennett to said
board. 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 Employees' Relations Commission (PERC). Deputy City Clerk reported
that there is one vacancy for term to expire December 31, 1994. City Manager
requests the confirmation of Scott D. Larson as replacement for Sylvester
Chang.
Commissioner 'Howell moved to confirm the appointment of Scott D. Larson to
the Public EmPloyees' Relations Commission. 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
Consent Agenda.
Request for payment of statement from Muller, Mintz, Kornreich, Caldwell,
Casey, Crowland & Bramnick for professional services in amount of $220.94.
City Manager recommended authorization to pay.
Approval of Minutes of May 9, 1994, Work Session, and Minutes of May 9, 1994,
Regular Meeting.
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
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
the Commission:
A. Authorized payment of statement in amount of $220.94.
Approved Minutes of May 9, 1994, Work Session, and Minutes of May 9, 1994,
Regular Meeting.
Information regarding invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged six (6) invoices totalling $139,729.41.
MINUTES
City Commission, Sanford, Florida
Regular Meeting
q95
May 23
1994
ATCS v. City of Sanforde as discussed at tonight's Work Session. On recommendation of the
City Manager, and City Attorney, Commissioner Howell moved to authorize Staff to advertise
for public hearing on June 13, 1994, to consider the settlement of ATCS v. City of Sanford,
and to place this item on the June 13, 1994 Agenda. 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.
Rachel Cheek, 207 East llth Street, appeared regarding Agenda Item No. 2, and
reported that in September, 1993, the City Commission approved installation of a fence in the
right-of-way due to land usage, which is similar in nature to her situation, and tree
placement. Also, relative the liability issue, as noted by the City Manager this evening,
she would be liable as a homeowner should injury occur on her property. Further, although
the former Code Enforcement Officer Linda Gentry advised that she worked with a neighbor down
the street to get his fence approved, no such request came before the Commission, that there
are five other fences within a two block radius, two of which were installed within the last
three years, that the City Code is being randomly and discriminately enforced, and that if
and when everyone else is required to take down their fences, she will do the same.
There being no further business, the meeting was adjourned.
M' A-~ O R
Attest:
F-'Citg Clerk-