052295-Regular MeetingE405354
MINUTES
City Commission, Sanford, Florida
ReQula eet nq
619
May 22
19 9.5
mhe C%ty Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, May 22, 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
Deputy City Clerk Linda L. Brace
Absent: City Clerk Janet R. Dougherty
The Chairman called the meeting to order.
Public Hearing to consider closing, vacating and abandoning a north-south alley lying between
East 4th Street and East 7th Street and between Willow Avenue and Bay Avenue.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed alley closing.
The Deputy City Clerk reported that the property was posted May 5, 1995, and the
owners notified May 1, 1995.
Elias Caffey, 1006 East 7th Street appeared in favor of the alley vacating.
Recommendation submitted from the Plans Review Committee to approve the alley
vacating, conditioned upon the retention of all utility easements.
On recommendation of the City Manager, Commissioner Thomas moved to authorize the
City Attorney to prepare the property ordinance to vacate the alley, conditioned upon
retention of all utility easements.
of the Commission as follows:
Seconded by Commissioner Howell and carried by ~he vote
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Public Hearing tO consider changes and amendments to Schedule S of the Zoning Ordinance/Land
Development Regulations regarding sidewalk displays in the Downtown Commercial H~storic
District.
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 to Schedule
S of the Zoning Ordinance/Land Development Regulations. No one appeared.
Recommendation submitted from the Planning and Zoning Commission to adopt the
proposed changes/amendments to the Sanford Land Development Regulations, Schedule S, Historic
Preservation, Section 5.0, Signs and Outdoor Sidewalk Display Regulations in the Downtown
Commercial Historic District.
Commissioner Howell moved to deny the proposed changes/amendments to Schedule S of
the Zoning Ordinance/Land Development Regulations. 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
E405354
620
MINUTES
City Commission, Sanford, Florida
Re,qular Nleet. J.nq
May 22
19 95
Appeal of Denial of Certificate of Appropriateness by the Historic Preservation Board for
curb cut and driveway approach at 1019 Magnolia Avenue.
City Attorney William Colbert reported that it is appropriate to hear from anyone
who wants to make a presentation, however, the City Commission can only consider those
matters which were before the Historic Preservation Board. Further, at the conclusion of the
hearing, the City Commission can either uphold the Historic Preservation Board's decision if
there is competent and substantial evidence to support their decision, or overturn same if
there is a basis to do so.
Alec Then, 1019 Magnolia Avenue, appellant, appeared and reported that the purpose
for appealing the Historic Preservation Board's decision is for security, and that he and his
wife have been approached by strangers in the driveway asking for food and money.. Further,
this request is not without precedence, and that there are numerous curb cuts in the
immediate neighborhood as well as throughout the Historic District. Further, although the
new ruling by the Historic Preservation Board is to deny any further curb cuts, the Board was
unable to come up with an appropriate solution, and that suggested alternatives include:
increase the size of the driveway off of llth Street; enlarge the concrete apron, which still
places their vehicles over 200 feet from the nearest entrance to their home, or build a
driveway through his back yard, which would eliminate any type of landscaping. Further,
the proposed curb cut is the easiest way to get the car to the nearest doorway with minimal
aesthetic effect. Also, if the City Commission upholds the Historic Preservation Board's
decision it would seem to indicate that aesthetics are more important than security.
Don Moore, 818 Palmetto Avenue, appeared and reported that he is a member of the
Historic Preservation Board and a resident of the Historic District, and asked what the basis
is for refusing the Certificate of Appropriateness.
City Attorney Colbert reported that because Mr. Moore is a member of the Historic
Preservation Board and was involved in the decision making process, and did not appear before
the Board as an individual stating pros and cons, it is inappropriate for him to present new
testimony/evidence this evening. Further, if the majority of the Commission wishes to uphold
the decision of the Historic Preservation Board, it would be on the basis that the property
owner acquired the property under the rules that were in effect, and that there was competent
and substantial evidence to support the Board's decision, or the Commission could overrule
the Board's decision based on the evidence of hardship in the form of a security risk as
previously testified.
Mr. Then appeared and reported that these by-laws were not in effect when he
purchased the home, and that he did not receive ample notification of same.
After review of the testimony and evidence contained in the record created before
the Historic Preservation Board, Commissioner Howell moved to find that there was competent
and substantial evidence to support the Historic Preservation Board's decision, that the
Applicant was provided procedural due process, that the Historic Preservation Board did not
depart from essential standards of law, that curb cuts are prohibited in the Historic
District, and to uphold the Historic Preservation Board's decision to deny the Certificate
of Appropriateness. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
E405354
MINUTES
City Commission, Sanford, Florida
Regular eetinq
621
May 22
1995
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner Howell· Aye
Commissioner Lyons Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3256, as advertised
in the Sanford Herald on May 11, 1995.
Ordinance No. 3256, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING THAT CERTAIN EAST-WEST ALLEY
BETWEEN WEST 7TH STREET AND WEST 8TH STREET AND BETWEEN
OLEANDER AVENUE AND MANGOUSTINE AVENUE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE .DATE.
introduced and placed on first reading at meeting of May 8, 1995, 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. 3256. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3256. 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
Public Hearing to consider second reading and adoDtion of Ordinance No. 3257, as advertised
in the Sanford Herald on May 11, 1995.
Ordinance No. 3257, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3087, TO PROVIDE AN AFFORDABLE HOUSING
EXTENDED PAYMENT ALTERNATIVE FOR CITY IMPACT FEES;
PROVIDING APPLICATION PROCEDURES; AUTHORIZING THE CITY
COMMISSION TO APPROVE RESIDENTIAL DEVELOPMENT FOR
PARTICIPATION IN THE AFFORDABLE HOUSING EXTENDED PAYMENT
ALTERNATIVE FOR CITY IMPACT FEES; DEFINING QUALIFIED
AFFORDABLE HOUSING FOR BUYERSAND SANFORD RESCUE OUTREACH
MISSION; AUTHORIZING CITY MANAGER TO ENTER INTO EXTENDED
PAYMENT AGREEMENTS WITH QUALIFIED AFFORDABLE HOUSING
BUYERS AND THE SANFORD RESCUE OUTREACH MISSION; PROVIDING
FOR COLLECTION OF DELINQUENT FEES, THE FILING OF A CLAIM
OF LIEN, FORECLOSURE; PROVIDING FOR CODIFICATION,
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of May 8, 1995, 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. 3257. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3257. 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
Requests for Right-Of-Way Use Permits.
A. Request from William Langley for a Right-Of-Way Use Permit to install a picket
fence within the City right-of-way at 2036 Jefferson Avenue.
On recommendation of the City Manager, Commissioner Thomas moved to approve the
right-of-way use as requested, and to authorize execution of a Right-Of-Way Use Agreement for
same. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows:
E405354
622
MINUTES
City Commission, Sanford, Florida
ReQular NeetinQ
May 22
19 95
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
B. Request from Victor Richburg for a Right-Of-Way Use Permit to install a
concrete loading dock at 115 North Laurel Avenue (Tucker's Farm and Garden).
On recommendation of the City Manager, Commissioner Thomas moved to approve the
right-of-way use, and to authorize execution of a Right-Of-Way Use Agreement prior to
construction. Seconded by Commission 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 Sanford Main Street for Right-Of-Way Use Agreement for a Farmers Market in
Magnolia Square and in the 75' of Magnolia Avenue right-of-way immediately south of Magnolia
Square.
The City Manager recommended that approval of the right-of-way use be limited to
Magnolia Square and a portion (12 feet) of the east/west alley immediately south of Magnolia
Square to prevent blocking store entrances, and stated that Bess Simons is in agreement.
On recommendation of the City Manager, Commissioner Howell moved to approve the
right-of-way use for a Farmers Market; said right-of-way use to be limited to Magnolia Square
and a portion (12 feet) of the east/west alley immediately south of Magnolia Square, and to
authorize execution of a Right-Of-Way Use Agreement for same. 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
Seminole County Law Enforcement Agencies Interlocal Communication Agreement. On
recommendation of the City Manager, Commissioner Thomas moved to authorize execution of the
Seminole County Law Enforcement Agencies Interlocal Communication Agreement; the term of said
Agreement to be five (5) years commencing October 1, 1995, with automatic renewal for
successive periods of five (5) years.
vote of the Commission as follows:
Seconded by Commissioner Eckstein and carried by the
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Petition for Annexation for a portion of Droperty lying between Sanford Avenue and the SCL
Railroad right-of-way and between East Lake Mary Boulevard/Silver Lake Drive and North Way
(1775 East Lake Mary Boulevard). 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 Howell Aye
Commissioner Lyons Aye
FA05354
MINUTES
City Commission, Sanford,'Florida
ReQular eet nQ
May 22
1995
Designation of City representative to serve on the "Spirit of 17-92" Ad Hoc Task Force.
Commissioner Lyons moved to appoint Commissioner Thomas, as City representative, to the
"Spirit of 17-92" Ad Hoc Task Force.
vote of the Commission as follows:
Seconded by Commissioner Eckstein and carried by the
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Interlocal Agreement providing Joint Application for N.P.D.E.S. Permit (Part 2) for Municipal
Separate Storm Sewer Systems. On recommendation of the City Manager, Commissioner Howell
moved to authorize execution of said Interlocal Agreement; total project cost is $537,550.00,
with the City's share in amount of $49,748.00 coming from Stormwater Utility Funds. 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
Recommendations from the Planning and Zoning Conm~ission Meeting of Thursday, May 4, 1995, as
described in memorandum dated May 10, 1995, from the Land Develo~ment Coordinator. No action
required or taken.
Board appointments/re-appointments.
Commissioner Howell moved to table consideration of board appointments/re-
appointments A, B, C, and D, below. Seconded by Commissioner Lyons and carried by the vote
of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Aye
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
After discussion, Commissioner Eckstein moved to reconsider the aforesaid motion
to table consideration of board appointments/re-appointments A, B, C, and D, below. 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 Aye
ae
Waterfront Master Plan Steering Committee: The Deputy City Clerk reported
that the terms of Larry Strickler, Andrea Farmer, John D. Williams, Helen L.
Stairs, Jerry W. Mills, Jami Meeks, Steve Cantwell, Eliza Pringle and Richard
Fowler expire June 28, 1995. Also, per the Director of Planning and
Development, all are willing to serve again, if re-appointed.
Be
Civil Service Board: The Deputy City Clerk reported that the term of
Reverend Amos C. Jones expires June 30, 1995, and that Reverend Jones has
been contacted and is willing to serve again, if re-appointed.
Code Enforcement Board: The Deputy City Clerk reported that the terms of
Anthony People and Bernard D. Mitchell expire June 30, 1995; both have been
contacted and are willing to serve again, if re-appointed.
De
Planning and Zoning Commission: The Deputy City Clerk reported that the
terms of Ben Dyal, Helen L. Stairs and A. A. McClanahan expire June 30, 1995,
and that the Director of Planning and Development reports that all have been
contacted, and are willing to serve again, if re-appointed.
Commissioner Eckstein moved to re-appoint all Board/Committee Members as listed in
A, B, C, and D, above. Seconded by Commissioner Lyons and carried by the vote of the
Commission as follows:
E405354
624
MINUTES
City Commission, Sanford, Florida
Regular MeetinQ
May 22
19 95
mayor Smith
Commissioner Eckstein
Colm~issioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Nay
Aye
Grant Applications.
Subrecipient Agreement for CDBG, HOME, SHIP grant funding in amount of
$262,634.00 for 1994/95.
Subrecipient Agreement for CDBG grant funding in amount of $91,699.00 for
1994/95.
On recommendation of the City Manager, Commissioner Thomas moved to approve
Subrecipient Agreements A and B, above, and to authorize execution of said Agreements.
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
Request to transfer funds from the General Fund Reserves for payment of "additional billing"
from the Division of Worker's Compensation. On recommendation of the City Manager,
Commissioner Thomas moved to authorize Staff to transfer funds in amount of $15,764.22 from
General Fund Reserves to cover additional billing from the Division of Worker's Compensation
for the billing period of October 1, 1993 through September 30, 1994. 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
Request to transfer funds from the General Fund Reserves for Florida League of Cities
adjusted audit billing. On recommendation of the City Manager, Commissioner Eckstein moved
to authorize Staff to transfer funds in amount of $7,214.00 from General Fund Reserves for
Worker's Compensation excess insurance final audit billing for FY 93/94 fund year. 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
Recommendations for Welcome Sign Displays. On recommendation of the City Manager,
Commissioner Eckstein moved to approve Welcome Sign Displays as described in memorandum dated
May 2, 1995, from Recreation and Parks 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
Mayor Smith reported that City Commission approval of Welcome Sign Displays is not necessary,
and that same can be provided as information only.
Consent Agenda.
ae
Requests for payment of statements.
to pay.
City Manager recommended authorization
From Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick for professional services from 4/13/95
through 4/28/95 .............................................. $ 1,981.70
(2)
From City Attorney for professional services for the
Month of April, 1995 ......................................... $12,872.04
E405354
MINUTES
City Commission, Sanford, Florida
Regular Meeting
625
May 22
From Universal Engineering Sciences for testing services re:
St. Johns Parkway East Utility Extension/Towne Center
Mall Improvements ............................................ $ 2,349.00
Approval of Minutes of April 24, 1995, Work Session, and April 24, 1995,
Regular Meeting.
Tabulation of Bid ~94/95-42, Community Development and Utility Counter
Relocation (Community Development Department). City Manager recommended
acceptance of the lower bid in amount of $4,037.00, plus $1,400.00 for
additional lamination and carpet repair, with funding to come from City
Manager's Contingency Fund.
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
the Commission:
Information
contracts.
Authorized payment of statements (1), (2), and (3).
Approved Minutes of April 24, 1995, Work Session, and April 24, 1995, Regular
Meeting.
Accepted lower bid in amount of $4,037.00, plus $1,400.00 for additional
lamination and carpet repair, with funding to come from City Manager's
Contingency Fund.
regarding invoices paid during the period for previously approved lump sum
The Commission acknowledged eight (8) invoices totalling $607,069.98.
Amendment No. 18 to Contract with Conklin, Porter and Holmes re~arding Sanford Avenue Utility
Relocation/Improvements. On recommendation of the City Manager, Commissioner Thomas moved
to authorize execution of Amendment No. 18 to original Engineering and Services Agreement
with Conklin, Porter and Holmes dated December 17, 1987, in an amount not to exceed
$17,111.83, for Sanford Avenue Utility Relocation/Improvements. 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
Request from Sanford/Seminole County Art Association to name the Cultural Arts Building after
E.B. Stowe. The Commission concurred to take no action.
Request from Commissioner Eckstein to discuss the possibility of increasing the millage to
fund ($12,000.00) the Fourth of July Fireworks Display annually, and to borrow from the
General Fund Reserves to pay for this year's display. The Commission concurred to discuss
this item at the June 12, 1995 Work Session.
Request from Commissioner Howell for a status report regarding the building at 10th Street
and Park Avenue. The City Manager reported that the Building Official was asked to check
into the matter, and that he will provide Commissioner Howell with an answer tomorrow.
Right-Of-Way Use Permit to install a chain link fence and picket fence at the southwest
corner of 12th Street and Palmetto Avenue. Commissioner Howell reported that although the
approved Right-Of-Use Permit for installation of a chain link fence in the right-of-way along
the side of the property and a picket fence across the front yard, the owner has installed
a chain link fence in both locations. The City Manager will check into the matter, and
report back to the City Commission.
MINUTES
City Commission, Sanford, Florida
Regular Meet .nq
May 22
19 95
Charter Advisory Committee Vacancy.
Commissioner Lyons reported that Brent Adamson has recommended Larry Blair as his
replacement on this Committee.
Mayor Smith reported that the Committee is close to finishing its review of the
Charter, and it will not be necessary to fill the vacancy.
Memorial Day Parade Permit Application.
City Manager reported that the parade will be on Monday, May 29, 1995 at 11:00
A.M., and will start at the Chamber of Commerce and proceed west on First Street and then
north on Park Avenue.
Request from the Fire Chief to dispose of useable Fire Equipment by sealed bid rather than
at the annual City auction. On recommendation of the City Manager, Commissioner Howell moved
to authorize Staff to dispose of a 1982, 1974 and 1972 American LaFrance by sealed bid.
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