041095-Regular Meeting592
MINUTES
City Commission, Sanford, Florida R~gular Meeting
April 10, 19 95
Th.e City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, April 10, 1995, 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 Lon K. Howell
Commissioner Kerry D. Lyons
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Dougherty
The Chairman called the meeting to order.
Appeal of Denial of Dimensional Variance by the Board of Adjustment for property located at
113 1/2 West 19th Street; Robert A. Tango, applicant; tabled at March 27, 1995 Regular
Meeting, Dending receipt of Transcript from February 24, 1995 Board of Adjustment Meeting.
Mayor Smith reported receipt of a request from the applicant to continue this
hearing until April 24, 1994, to facilitate the furnishing of the transcript of the February
24, 1995 Board of Adjustment Meeting.
Commissioner Thomas moved to continue the hearing until April 24, 1995, as
requested. Seconded by Commissioner Eckstein and carried by the vote of the Commission as
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Nay
Commissioner Lyons Aye
John Baldwin, attorney for Robert Tango, applicant, submitted the transcript for
City Commission review.
Petition for Annexation [water service] for a portion of property lying between Cameron
Avenue and State Road 415 and between Hughe¥ Street extended easterly and SR 46. On
recommendation of the City Manager, Commissioner Howell moved to approve water service, with
the developer responsible for extending the water lines, and to record the Annexation
Petition. 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
Request from New Bethel M.B. Church to close Hickory Avenue between 9th Street and 10th
Street in conjunction with SDecial Event Application for Spring Festival on Ma¥ 6, 1995, from
9:00 A.M. to 5:00 P.M. On recommendation of the City Manager, Commissioner Thomas moved to
authorize street closures as requested. Seconded by Commissioner Eckstein 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
Condemnations: Status Re~ort/Requests for Time Extensions.
Status Report of all current and pending condemnations.
or taken.
No action required
B. Requests for Time Extensions.
(1)
Condemnation Report #94-12, 413 Cypress Avenue, T.J. & Laura Johnson, c/o
Lizzie Debose.
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City Commission, Sanford, Florida Re. gular Meeting
593
lpril 10,
19 95
{2) Condemnation Report ~94-26, 1210 West 16th Street, Dona M. Bryant, owner;
On recommendation of the City Manager, Commissioner Howell moved to authorize sixty
160) day extensions for (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
First reading of Ordinance No. 3250. On motion of Commissioner Howell, seconded by
Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Ordinance No. 3250, 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 LAKE MARY BOULEVARD AND LAKEVIEW
AVENUE AND BETWEEN RIDGE DRIVE AND DRIFTWOOD 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.
First reading of Ordinance No. 3251. 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 Howell Aye
Commissioner Lyons Aye
Ordinance No. 3251, 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 EAST 28TH PLACE AND EAST 29TH
STREET AND BETWEEN MAGNOLIA AVENUE AND PALMETTO AVENUE
EXTENDED NORTHERLY, 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. 3252. 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. 3252, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A
ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A
PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN NORTH
MYRTLE AVENUE AND NORTH PARK AVENUE AND BETWEEN FULTON
STREET AND WEST FIRST STREET FROM SC-3, SPECIAL
COMMERCIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
F_irst reading of Ordinance No. 3253. On motion of Commissioner Howell, seconded by
Commissioner Eckstein and carried by the vote of the Commission as follows:
594
MINUTES
City Commission, Sanford, Florida
Regular Meeting
April 10,
19 95
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Ordinance No. 3253, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A
ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A
PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT
BOULEVARD AND JERRY AVENUE AND BETWEEN MCCRACKEN ROAD AND
ACADEMY AVENUE FROM RI-l, RESTRICTED INDUSTRIAL, TO PD,
PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3254. 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. 3254, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CHANGING
AND AMENDING SCHEDULE J, LANDSCAPE, BUFFER AND TREE
REQUIREMENTS, SECTION 3.2, OF THE ZONING ORDINANCE/LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY,
CONFLICTS, INCLUSION INTO THE SANFORD LAND DEVELOPMENT
REGULATIONS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Board appointments/re-apDointments/resignations, as discussed at tonight's Work Session.
ae
Cemetery Advisory Board: The City Clerk reported that the term of William E.
Welborn expired March 13, 1995, and that Mr. Welborn has served the maximum
number of terms and cannot be re-appointed.
Commissioner Lyons moved to appoint Fred Gaines as Mr. Welborn's replacement
on the Cemetery Advisory 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
Planning and Zoning Commission:
Mills to replace Mr. Dennison
Seconded by Commissioner Lyons.
the Commission as follows:
Commissioner Howell moved to appoint Jerry
on the Planning and Zoning Commission.
Said motion failed to carry by the vote of
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
Commissioner Howell moved to table consideration of a replacement for Joe
Dennison and discuss same at a Work Session. Seconded by Commissioner Lyons.
Said motion failed to carry by the vote of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Nay
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
Ce
Historic Preservation Board: The City Clerk reported that Kevin Stubbs has
submitted his resignation from this board.
Commissioner Howell moved to accept Kevin Stubbs' resignation from the
Historic Preservation Board, and to appoint Buck Mullins to 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 Howell Aye
Onmm~ ~qnn~r T,vnn~ Ave
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City Commission, Sanford, Florida
595
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Central Examining Board: The City Clerk reported that the terms of William
T. Corso, Robert Whitaker, A.T. Hawkins, and Steve Richards expire April 8,
1995, that the term of A.K. Shoemaker expires April 25, 1995; and that all
have been contacted and are willing to serve again, if re-appointed.
Commissioner Lyons moved to re-appoint William T. Corso, Robert Whitaker,
A.T. Hawkins, Steve Richards, and A.K. Shoemaker to the Central Examining
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
Youth Advisory Committee: The City Clerk reported that Carson Stone does not
live in the City of Sanford, and that the recommended replacement is Kristen
Hendricker, 160 Wildwood, Sanford.
Commissioner Howell moved to appoint Kristen Hendriker to the Youth Advisory
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 Howell Aye
Commissioner Lyons Aye
F. Planning and Zoning Commission:
Commissioner Eckstein moved to appoint A.A. McClanahan to the Planning and
Zoning 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 Howell Nay
Commissioner Lyons Nay
gonsent Agenda.
A. Requests for payment of statements.
(1)
From Lyon and McManus for professional services regarding
Fountain Construction .................................... $11,798.37
(2)
From Foley & Lardner for professional services regarding
Coal Gasification Plant .................................. $
189.00
Be
Tabulation of Bid %94/95-39, Riding Lawn Mower (Recreation & Parks
Department). City Manager recommended acceptance of lowest bid, which met
specifications, from Robinson Equipment Co. Inc. in amount of $16,597.00.
C, Approval of Vouchers for the Month of March, 1995.
Approval of Minutes of February 27, 1995, Work Session; February 27, 1995,
Regular Meeting; and March 13, 1995, 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 Howell Aye
Commissioner Lyons Aye
the Commission:
A. Authorized.payment of statements (1) and (2).
Accepted lowest bid, which met specifications, from Robinson Equipment Co.
Inc. in amount of $16,597.00.
C. Approved Vouchers for the Month of March, 1995.
De
Approved Minutes of February 27, 199.5, Work Session; February 27, 1995,
Regular Meeting; and March 13, 1995, Work Session.
Information regarding invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged six (6) invoices totalling $86,108.70.
19 95
596
MINUTES
City Commission, Sanford, Florida
R~gular Meeting April 10, 19 95
First reading of Ordinanqe No. 3255. 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 Nay
Commissioner Lyons Nay
Ordinance No. 3255, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1790 AS AMENDED BY ORDINANCE 3249, ENTITLED
"LEVYING AND PROVIDING FOR THE COLLECTION OF MUNICIPAL
PUBLIC SERVICES TAXES ON THE PURCHASE OF ELECTRICITY,
METERED OR BOTTLED GAS (NATURAL LIQUEFIED PETROLEUM GAS
OR MANUFACTURED), WATER SERVICE, TELEGRAPH SERVICE, FUEL
OIL AND TELECOMMUNICATIONS SERVICE AND COMPUTER SERVICES;
PROVIDING EXEMPTIONS AND EXCLUSIONS" PURSUANT TO FLORIDA
STATUTE SECTION 166.231(9)(C); BY AMENDING SECTION 2
THEREOF; SAID AMENDMENT PROVIDING FOR A 7% TAX ON
TELECOMMUNICATION SERVICES; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Tabulation of Bid ~94/95-41, Dogwood Drive Underdrain Pro~ect, as discussed at tonight's Work
Session. On recommendation of the City Manager, Commissioner Eckstein moved to accept the
lowest bid for Item A, which met specifications, from KPL Contracting ("KPL") in amount of
$20,951.25, conditioned upon KPL accepting the addition of Item B for Miami Curb within
thirty (30) days, if the community agrees to a special assessment to pay for said curbing.
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 Little Red School House, as discussed at tonight's WorkSession. On recommendation of
the City Manager, Commissioner Thomas moved to accept the proposal from Universal Engineering
Sciences in amount of $2,324.00 for an Asbestos Evaluation, and $1,800.00 for a Phase I
Environmental Assessment of the property (Little Red School House) located at 519 Palmetto
Avenue; with total funding in amount of $4,124.00 to come from City Manager's Contingency
Funds. 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
Audience Participation.
Edith VanGilder and Sara Inez VanGilder, 2215 East Mitch Court, and Dawn Cliett,
105 Wax Myrtle Drive, appeared and asked that Jack Berning be reinstated as the Assistant
Coach for the Bob Dance Dodge Softball Team of the Senior Softball League, and that each
parent is willing to sign a release holding the City harmless from any liability. Also, Dave
Blakely is still the Head Coach of this team.
City Attorney William Colbert reported that a release would not protect the City,
and recommended that the decision not to reinstate Mr. Berning stand until the courts have
comPleted the process.
Director of Parks and Recreation Mike Kirby reported that Dave Blakely can continue
as Head Coach, but Mr. Berning is not being reinstated.
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City Commission, Sanford, Florida
ReQular Meetinq
597
April 10
1995
.7oe Young, 1321 Shepherd Avenue, appeared and thanked the Commission for installing
the 14th Street name sign as requested, for traffic control on 13th Street east of Lake
Avenue, and asked that traffic control be Continued on Sundays, citing the church at the
corner of 13th Street and Shepherd Avenue. Mr. Young alSo requested installation of a yellow
sign indicating that Shepherd Avenue does not go over the ditch near 14th Street.
'Mayor Smith suggested that Mr. Young speak with Police Chief Russell after the
meeting to discuss his requests.
There being no further business, the meeting was adjourned.
M~YOR
Attest:
~ City Cl~rk ff - U