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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 MINUTES 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 192 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 MINUTES 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-