010995-Regular Meeting MINUTES
City Commission, Sanford, Florida Ragu 1 ar Moot ~ ng
339
,lanuary 9
19 95
Monday, January 9,
Sanford, Florida.
Present:
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
1995, at 7:00 o'clock P.M. in the City Commission Room, City Hall,
Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr,
Commissioner Lon K. Howell
Commissioner Kerry D. Lyons
Assistant City Attorney Donna L. McIntosh
City Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: City Attorney William L. Colbert
The Chairman called the meeting to order.
Public Hearing to consider changes and amendments to the Land Development Regulations, and
Ordinance No. 3232 regarding Adult Entertainment Regulations, as advertised in the Sanford
Herald on Januar~ 2, 1995.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed changes and amendments. No one
appeared.
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 Howell Aye
Commissioner Lyons Aye
Ordinance No. 3232, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CORRECTING
A SCRIVENER'S ERROR IN EXHIBIT "B" AS REFERENCED IN AND
ATTACHED TO ORDINANCE NO. 3195, SAID ORDINANCE REVISING
AND AMENDING SCHEDULE B - PERMITTED USES, OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF SANFORD, FLORIDA,
SPECIFICALLY ORDINANCE NO. 3117; PROVIDING FOR
SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
was introduced and placed on first reading.
The Chairman announced that the second public hearing will be held on January 23,
1995 at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, Florida.
Public Hearing to consider closing, vacating and abandoning an easement at 2449 Mellonville
Avenue, as advertised in the Sanford Herald on December 26, 1994.
The City Clerk reported that the property was posted December 24, 1994, and the
abutting owners notified December 22, 1994.
The Chairman announced that the Commission would from those persons present to
speak in favor of, or in opposition to, the vacating.
Heidi Tauscher, Esq. appeared and reported that she represents Margaret Anderson
and Anne McCoy, who inherited the property from their mother, and requested that the City
vacate the easement as advertised and highlighted on the diagrams she distributed. Ms.
Tauscher also requested a waiver and reimbrusement of the second $75.00 application fee, and
that the City pay the $100.00 surveyor's fee.
The City Manager recommended waiver of the second $75.00 application fee, and
denial of the request for payment of the $100.00 surveyor's fee because it is customary for
the individual/entity providing the easement to pay said fees, however, this is not a hard
and fast issue from his standpoint.
34o MINUTES
City Commission, Sanford, Florida Regul ar Meeting
January 9 19 95
Commissioner Howell moved to waive and reimburse the second $75.00 filing fee, and
to not pay the $100.00 surveyor's fee.
vote of the Commission as follows:
Seconded by Commissioner Thomas and carried by the
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
First reading of Ordinance No. 3239.
Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Ordinance No. 3239, entitled:
On motion of Commissioner Howell,
seconded by
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Public Hearing to consider rezoning a portion of the property between Pamala Court and Vihlen
Road and between Upsala Road and Old Monroe Road extended southerly from AG, Agricultural,
to PD, Planned Development, as advertised in the Sanford Herald on December 29, 1994.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the rezoning. No one appeared.
Recommendation submitted from the Planning and Zoning Commission to approve the
rezoning to PD, Planned Development.
On recommendation of the City Manager, Commissioner Thomas moved to authorize the
City Attorney to prepare the proper ordinance to rezone the property, conditioned on the
Master Plan, as advertised. Seconded by Commissioner Howell and carried by the vote of the
Commission as follows:
On recommendation of the City Manager, Commissioner Thomas moved to authorize the
City Attorney to prepare the proper ordinance to close, vacate and abandon portions of
streets as advertised. Seconded by Commissioner Howell and carried by the vo=e of the
questions.
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING THAT CERTAIN 14 FOOT WIDE NORTH-
SOUTH UTILITY EASEMENT LYING BETWEEN MELLONVILLE AVENUE
AND WASHINGTON COURT AND BETWEEN EAST 24TH STREET AND
EAST 25TH STREET/SR46/GENEVA AVENUE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Public Hearing to consider closing, vacating and abandoning portions of streets (a ~ortion
of South White Cedar Road and other certain unnamed streets lying between State Road 46 and
State Road 417 and between Upsala Road and South Kennel Road), as advertised in the Sanford
Herald on December 22, 1994.
The City Clerk reported that the property was posted December 21, 1994, and the
notices sent to property owners December 16, 1994.
The Chairman announced that the Commission would hear from those persons present
to speak regarding the vacating.
Loren Howard, Sanford Central Park, Ltd., reported that he was available to answer
MINUTES
City Commission, Sanford, Florida
Rogulaw Meeting
341
January 9
1995
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Nay
Continuation of discussion of request from Doug Winfrey and Ehndorf Erhard for approval to
continue to intermittently park and occuR a recreational vehicle at 802 South Palmetto
Avenue, until the beginning of May, 1995; continued from December 19, 1994 Meeting.
On recommendation of the City Manager, Commissioner Thomas moved to extend the
permit through January 2, 1995 within the context of a single permit for 1995 after which no
additional occupancy permits would be issued in calendar year 1995 and LDR RV storage
provisions would apply; and to authorize the City Attorney to prepare the proper ordinance
to amend City Code Section 18-20 as recommended in memorandum dated December 28, 1994, from
Seconded by Commissioner Howell and carried by the
Director of Planning and Development.
vote of the Commission as follows:
Condemnations:
A.
B.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Status Re~ort/Requests for Time Extensions/Requests to demolish
Status Report of all current and pending condemnations.
Requests for time extensions.
structures.
(1) Report %94-02, 818 West 3rd Street.
(2) Report %94-09, 1021 Orange Avenue.
(3) Report %94-15, 1205 Lincoln Court.
(4) Report %94-32, 1622 West 13th Street.
City Manager Simmons reported that the City Commission previously approved
demolition of structures (3) and (4) above, that title searches have been obtained for said
structures and will be required again if a time extension is granted, and, in the spirit of
preserving available housing, recommended approval of the requested time extensions.
Commissioner Lyons moved to authorize a 30 day time extension for structures (3)
and (4), above. Seconded by Commissioner Howell. Said motion failed by the vote of the
Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
On recommendation of the City Manager, Commissioner Howell moved to authorize 90
day time extensions for structures (1) and (2), above. Seconded by Commissioner Thomas and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Nay
On recommendation of the City Manager, Commissioner Eckstein moved to authorize a
60 day time extension for structures (3) and (4), above. Seconded by Commissioner Thomas and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Nay
MINUTES
City Commission, Sanford, Florida
Regular Meeting
January 9
19 95
C. Requests for demolition of structures.
(1) Report #94-13, 415 Cypress Avenue.
(2) Report 94-23, 1105 -East 10th Street
Commission Thomas moved to authorize Public Works to proceed with demolish of
structures (1) and (2), above.
the Commission as follows:
Seconded by Commissioner Howell and carried by the vote of
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Board aDpointments/re-appointments/resignation.
ae
Scenic Improvement Board: The City Clerk reported that the terms of Connie
Williams, Isabell Wilson, David Bach and Amelia Royster expire January 31,
1995, that Connie Williams has served the maximum number of terms and cannot
be re-appointed, that Isabel Wilson does not wish to be re-appointed, and
that David Bach and Amelia Royster both can be re-appointed and are willing
to serve again.
Commissioner Thomas moved to re-appoint David Bach and Amelia Royster to the
Scenic Improvement 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 Howell Aye
Commissioner Lyons Aye
Commissioner Thomas moved to appoint Patricia Thomas and Bette Cannavino to
the Scenic Improvement Board to replace Connie Williams and Isabel~Wilson, as
recommended by the Scenic Improvement Board. Seconded by Commissioner Lyons
and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Be
Waterfront Master Plan Steering Committee: The City Clerk reported that Lisa
Neway and Johnny Davis (Planning and Zoning Commission representative) have
verbally resigned, and that Sharon Laisure will be relocating to Orange
County. Further, the Director of Planning and Development recommends Steve
Cantwell be appointed to replace Ms. Neway; that the Planning and Zoning
Commission wil be asked to appoint a replacement for Mr. Davis; and
recommends that the City request an appropriate .replacement from the County.
Commissioner Lyons moved to appoint Steve Cantwell to the Waterfront Master
Plan Steering Committee. Seconded by Commissioner Howell and carried by the
vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Mayor Smith reported that Seminole County has been asked for an appropriate
replacement for Sharon Laisure, and confirmed that the Planning and Zoning Commission has
been asked for a replacement for Johnny Davis.
Requests for expenditures from the Law Enforcement Trust Fund.
A. Safehouse of Seminole:
Commissioner Howell moved to authorize a donation in amount of $3,000.00 to the
Safehouse of Seminole, as requested by Police Chief Russell. Seconded by Commissioner Thomas
and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
MINUTES
City Commission, Sanford, Florida
Regular Meeting
343
January 9
1995
B. Mace and Impact Weapons:
Commissioner Thomas moved to authorize purchase of 85 ASP batons with holders and
70 Mace units at estimated total cost of $7,495.00, as requested by Police Chief Russell.
Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Requests to transfer the Police and Fire Pension F~ns~' assets. On recommendation of the
City Manager, Commissioner Thomas moved to authorize the Custody Agreement and transfer of
the assets by Mayor Smith and the Trustees as appropriate to transfer custody and investment
management services from NationsBank of Florida, N.A. to SunBank, N.A., and to move retiree
payroll to SunBank. Seconded by Commissioner Howell and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Funding of professional services for a Waterfront/Downtown ~arketing Package, as discusses
at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved
to authorize Mayor Smith to execute the Planning Agreement with Andersen & Associates for the
Marketing and Planning Package for Downtown Sanford, cost not to exceed $3,400.00 and funded
from the Department of Engineering and Planning's Professional Services budget; and to fund
up to 50% of the total cost, up to a maximum of $5,000.00 (an additional $1,600.00), if
needed, for printing. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Contract with Cone Constructors for utility line relocations on Sanford Avenue, as discusse~
at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved
to approve the $324,926.50 bid with Seminole County for the relocation of utility lines, and
to modify the interlocal agreement to include the higher cost and the addition of the soil
contamination work (estimated City cost is $11,214.00), as described in memorandum dated
December 22, 1994, from the Utility Director. Seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Lawsuit against Fountain Construction Company's bonding comDan¥ re: Site 10 Contract II, as
discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner
Howell moved to authorize the City Attorney, in the event one last mediation attempt is
unsuccessful, to file a lawsuit against the Surety, St. Paul Mercury, and Fountain
Construction Contractors, Inc., to recoup approximately 2.3 million dollars. Seconded by
Commissioner Thomas and carried by the vote of the Commission as follows:
MINUTES
City Commission, Sanford, Florida
Regular Meeting
January 9
19 95
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
First reading of Ordinance No. 3238. On motion of Commissioner Howell,
Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
seconded
by
Ordinance No. 3238, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3230, AND ITS AMENDMENTS, AND ADOPTING AN
AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY
TO REORGANIZE THE DEPARTMENT OF ENGINEERING AND PLANNING
AND DEPARTMENT OF COMMUNITY DEVELOPMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3240. On recommendation of Assistant City Attorney McIntosh,
Commissioner Howell moved to table the first reading of Ordinance No. 3240 to January 23,
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 Howell Aye
Commissioner Lyons Aye
First reading of Ordinance No. 3241. 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 Howell Aye
Commissioner Lyons Aye
Ordinance No. 3241, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
CHAPTER TWO, CITY CODE, TO PROVIDE FOR THE REORGANIZATION
OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND THE
DEPARTMENT OF ENGINEERING AND PLANNING; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Recommendations/Information from Planning and Zoning Con~ission Meetings.
A. Recommendations from Meeting of December 1, 1994:
Item %1: Recommended rezoning 741 Upsala Road from AG to PD, incorporating
the Master Plan for Pamala Oaks, Phase 2. No further action required or
taken.
B. Information from Meeting of December 15, 1994. No action required or taken.
Late Payment Charges for Fiscal Year Ended September 30, 1994. Commissioner Howell moved to
aknowledge one late payment in amount of $8.36. Seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Consent Agenda.
A. Requests for payment of statements from Lyon and McManus for professional
services and expenses re: Fountain Construction, Site 10 - Contract II.
(1) For October, 1994 ...................................... $ 2,950.10
(2) For November, 1994 ..................................... $13,283.03
MINUTES
City Commission, Sanford, Florida Regu 1 ar Meeting
345
January 9
19 95
!
Tabulations of Bids.
(1)
Bid ~94/95-12, Recreation Trophies (Recreation Department). City Manager
recommended acceptance of lowest bid, which met specifications, from
Crown Trophy in total amount of $4,350.65.
(2)
Bid 994/95-14, Folding Chairs and Dollies (Recreation and Parks
Department). City Manager recommended acceptance of lower bid, which
met specifications, from Dallas Midwest in amount of $5,308.28.
Ce
Approval of Minutes of December 12, 1994,~Work Session; and December 12, 1994,
Regular Meeting.
D. Approval of Vouchers for the Month of December, 1994.
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 Howell Aye
Commissioner Lyons Aye
the Commission:
ae
Authorized payment of October and November,
$2,950.10 and $13,283.03, respectively.
1994 statements in amount of
B. (1) Accepted lowest bid, which met specifications, from Crown Trophy in
total amount of $4,350.65.
(2) Accepted lower bid, which met specifications, from Dallas Midwest in
amount of $5,308.28.
C. Approved Minutes of December 12, 1994, Work Session; and December 12, 1994,
Regular Meeting.
D. Approved Vouchers for the Month of December, 1994.
Information regarding invoices paid during the period for previously approved lumD sum
contracts. The Commission acknowledged fourteen (14) invoices totalling $591,316.36.
Legislation regarding Ex-parte Communications and Saming and Gambling Activities, as
discussed at tonight's Work Session. Commissioner Lyons moved to authorize Mayor Smith to
execute a letter of support for Enrolled House Bill 5 by Representative Constantine regarding
Ex-parte Communication. Seconded by Commissioner Howell and carried by the voue of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
The Commission concurred to consider adoption of resolutions relative Ex-parte Communications
and Gaming/Gambling Activities, as requested by Seminole County, January 23, 1995.
Requests from ReverendMaryW. Smith and Margaret A. Jones., to allowuncertified/unregistered
owners of rental property to pull building Dermits for repairs to the property, when the work
will be performed by an uncertified/unregistered ~erson, as discussed at tonight's Work
Session. Commissioner Eckstein moved to deny both requests. Seconded by Commissioner Howell
and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
346
MINUTES
City Commission, Sanford, Florida
Regular Meeting
January 9
19 95
Revised Purchasing Policies/Procedures, as discussed at tonight's Work Session. On
recommendation of the City Manager, Commissioner Howell moved to approve the proposed
purchasing policies/procedures as recommended and presented December 12, 1994, with revisions
as discussed at tonight's Work Session and described in memorandum dated December 19, 1994,
from Finance Director relative raising the formal sealed bid limit from $1,000.00 to
Seconded by Commissioner Thomas and carried by the vote of the Commission as
$5,000.00.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Request from Alfred DeLattibeaudiere to subordinate a HOME Rehabilitation Grant Lien on
property next to his home on Sanford Avenue, as discussed at tonight's Work Session.
Commissioner Thomas moved to authorize execution of the Subordination Agreement thereby
reducing the City's collateral coverage by $2,000.00. Seconded by Commissioner Lyons and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
InterlocalAgreement with Seminole County, for Tourist Develolx~ent Grand Funds, for Soap Box
Derby, as discussed at tonight's Work Session. On recommendation of the City Manager,
Commissioner Howell moved to authorize execution of said Interlocal Agreement, as proposed
by Seminole County, for 1994-95 Tourist Development Council Grant Funds up to a maximum of
$7,500.00, for the 1995 Central Florida Soap Box Derby, conditioned upon availability of
Tourist Development Tax revenues; term of said Agreement to be from October 1, 1994 to
September 30, 1995. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
There being no further business, the meeting was adjourned.
Attest:
~ City Clerk