HomeMy WebLinkAbout022696 ws/rm min.E405354
MINUTES
City Commission, Sanford, Florida
Work Session
February 26,
89
199 6
The City Commission of the City of Sanford, Florida, met in Work Session on Monday, February 26, 1996,
at 4:30 o'clock P.M. in the City Manager's Conference 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 Manager William A. Simmons
City Clerk Janet R. Dougherty
Absent: City Attorney William L. Colbert
The Chairman called the meeting to order.
Complain~ re~,arding 611 and 621 Oak Avenue, 61§ Pa~k Avenue and other p~,oper~cies owned ox. controlled by Violetta
W{1Hams.
Commissioner Howell reviewed and discussed various code violations/deficiencies reg~arding properties
owned or controlled by Ms. Williams, including, but not limited to, poor ventilation, inoperable heating systems,
missing windows, no smoke detectors, inoperable switches and exposed wires, stated that he considers these
conditions to be Hfe threatening, and asked if said properties can be vacated and boarded-up.
Fire Inspector Vince Fioretti reported that the Fire Department gives the property owner fourteen (14)
days in which to come into compliance; if not corrected, a citation can be issued, followed by a Notice of Hearing
before the Code Enforcement Board.
Assistant Fire Chief Neai reported that there are circumstances under which measures can be taken to
abate the problem when life safety is involved, and recommended that Staff speak With the City Attorney and the
State Fire Marshall's Office to determine the City's options.
Director of Community Development Charles Rowe reported that Notices of Inspection have been done
and Notices of Violation were sent last week, that if said violations are not corrected Within the specific time, these
properties will come before the Code Enforcement Board at its first Meeting in April, 1998. Further, Ms. Williams
has pulled roofing and electrical permits. Further, the State of Florida Department of Business Regulation has
performed an inspection of the properties, for which we have not received the results, and has indicated that Ms.
Williams does not have a license of any kind through the State, which she Will be required to produce or b'~- subject
to a fine of up to $9.50.00 per day for each infx~action. Further, Staff is determining whether or not City licenses
obtained by Ms. Williams reflect the correct number of tenants for each structure/building. Also, the Building
Department does not have the authority to close down/vacate these dwellings; the Code Enforcement Board is the
City's only avenue for same. Further, perhaps Staff could notify the owner(s) that the premises must be vacated
immediately, and in the meantime, check with the State to determine the Fire Department's authority.
Commissioner Howell requested that Staff notify Ms. Williams to vacate the premises; Commissioner Lyons
was in favor of giving Ms. Williams two weeks to bring the properties up to code, or vacate.
City Manager Simmons reported that the Notices of Violation afford Ms. Williams until March 8, 1996 to
correct these violations.
After discussion, the Commission concurred that all life safety code violations/deficiencies must be
corrected and the properties inspected by March 8, 1996, in accordance With Code Enforcement Notices of Violation;
if not corrected, the City Commission will consider further action as deemed appropriate at the March 11, 1996,
Regular Meeting.
90
B40~3~4
MINUTES
City Commission, Sanford, Florida
Work Session February 26, 1996
Recreational Vehicle Parking Re~n_,_!~tions.
Charlotte Smith reported that she has been an RV owner for fifteen (15) years, that she previously lived
in the Sanora Subdivision which had no side or rear yard access, and, therefore, used a storage facility; now she
resides in Mellonville and parks said vehicle in the back yard. Further, she has reviewed the current RV ordinance,
Commissioner Lyons' proposed ordinance as well as others, and the Euclid, Ohio court case. Further, some problems
identified with storage facilities, include the availability of storage facilities, accessibility to the facility, insurance
and security, and the fact that the storage facilities themselves are bad for these vehicles. Also, the current
ordinance lacks one provision for properties that do not have rear or side yard access, and Commissioner Lyons'
proposal provides some relief and is desirable because the vehicle has to be operable and licensed, however, it
appears to be more restrictive relative size restrictions.
After considerable discussion, the consensus of the Commission was to make no changes to Ordinance
No. 3247.
Designation of Chase P~-ope~ as Historic District. On request of Commissioner Howell, the Commission concurred
to refer this item to the Historic Preservation Board for consideration.
City Hall HVAC Bid #95196-31. City Manager Simmons recommended award of the HVAC renovation contract to the
bidder with the lowest grand total price including alternates, as described in memorandum dated February 15, 1996,
from City Manager.
Police Chief Position ~difications.
Mayor Smith, and Commissioners Thomas and Eckstein were in favor of keeping the current Police Chief
Position Qualifications; Commissioners Howell and Lyons were in favor of revising the position qualifications to
require a four (4) year college degree.
After discussion, the Commission concurred to leave the Police Chief position qualifications as is, with
the exception of requiring that the PoliCe Chief reside within the City limits of Sanford within six (6) months of
appointment.
Appropriate City action/x-eaction to blatant violations of City Codes.
(Commissioner Lyons briefly left the meeting, then returned. )
Director of Community Development Charles Rowe reported that the Cities of Oviedo, Casselberry and
Altamonte Springs have experienced the same types of problems as with the DeLand Dodge sale, which from an
economical standpoint, was good for Sanford; but blatantly violated City Codes, and reviewed the City's options,
including: the issuance of a citation, and Notice of Hearing before the Code Enforcement Board, the implementation
of a short-term permit process similar to the Special Events Permit, and exclusion of vendors outside the City limits
or increasing the permit fees for said vendors.
After discussion, the Commission concurred that Staff streamline the conditional use permit process
similar to Special Event Permit Applications; develop the criteria for approving this type of event as well as other
ventures, for City Commission review at the next Work Session.
(The Chairman recessed the meeting for approximately 10 minutes, then reconvened the meeting. )
Revocation of Occupational License for non-payment of Stomnwater Utility Fee.
The City Manager reported that foreclosure action for non-payment of stormwater utility fees is
continuing, that the dollar value at risk in this action exceeds the revenue which would be generated by occupational
license fees, that no occupational license is Code Enforceable, that the City could refuse renewal of the occupational
license, however, license fees are revenue generating for the City, and that Pebble Junction could continue doing
business.
E405354
MINUTES
City Commission, Sanford, Florida
ql
g~.gg i on F~.brn ary 26. 1996
Board appointments ] re-appointments.
The Commission discussed board appointments/re-appointments, including the appointment of Otto
Garrett to the Planning and Zoning Commission as Mark Platts' replacement, and concurred to consider the
appointment of Mary Dale Jones to the Code Enforcement BOard at the March 11, 1996, Regular Meeting.
(Commissioner Howell briefly left the meeting, then returned. )
Rehmlsr Agenda Items and other item.
A. LIHEAP Grant Funding for FY 1996. The City Manager recommended approval of the application for
LIHEAP grant funding in amount of $107,000.00. This item was referred to tonight's Regular Meeting for City
Commission consideration.
B. Request for one additional temporary "Water Superintendent" l~osition. On recommendation of the City
Manager, the Commission concurred to consider first reading of Ordinance No. 3291, to add one (1) additional
temporary "Water Superintendent" position, at tonight's Regular Meeting.
There being no further business, the meeting was adjour~ned.
M'A Y~R -
Attest:
~/- City Clerk /~ U
E405354
MINUTES
City Commission, Sanford, Florida ' Reqular Meet:i. nq
February 26.
1996
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 26,
1996, 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.
Public Hea~ing to consider closing, vacating and abandoning a fifteen (15) foot wide north-south d~aina~e easement
lying on the westerly portion of the prope~y at 126 Pamala Cou~t, as advertised in the Sanford Herald Febm,-~y 8,
1996.
The City Clerk reported that the property was posted February 12, 1996, and the owners notified
January 23, 1996.
Recommendation submitted from the Plans Review Committee to approve the easement vacating.
On recommendation of the City Manager, Commissioner Howell moved to authorize the City Attorney to
prepare the proper ordinance to vacate the easement as advertised. Seconded by Commissioner Lyons and carried
by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Public Hea~ing to consider second x~tding and adoption of Ordinance No. 3299, as advertised in the Sanford Herald
Februa~ 15, 1996.
Ordinance No. 3289, 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 THAT
CERTAIN PROPERTY LYING BETWEEN COMMERCIAL STREET AND
EAST FIRST STREET AND BETWEEN COMMERCIAL STREET AND EAST
FIRST STREET AND BETWEEN NORTH PALMETTO AVENUE AND
NORTH SANFORD AVENUE, FROM SC-3, SPECIAL COMMERCIAL, TO
PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of February 12, 1996, 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. 3289.
Bruce Andersen, Andersen & Associates, 3685 Midiron, Winter Park, Florida, appeared and reported
that he was available to answer questions.
Commissioner Thomas moved on the second
by Commissioner Howell and carried by 'the vote of the
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
reading and adoption of said Ordinance No. 3289. Seconded
Commission as follows:
Request from Retired & Senior Volunteer Program ("RSVP") for waiver of Civic Center rental fee for ann, m1 volunteer
recognition luncheon on AI~I 19, 1996. On recommendation of the City Manager, Commissioner Thomas moved to
approve rental at the reduced rate in amount of $120.00. Seconded by Commissioner Lyons and carried by the vote
of the Commission as follows:
Aye
Aye
Aye
Aye
Aye
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
E405354
MINUTES
City Commission, Sanford,' Florida
Reqular M~etinq
93
February 26, 1996
Request from Greater Snnfot'd Chamber of Commerce for sale and consumption of alcoholic beverages (Beer and Wine)
in conjunction with the 26th Annual St. Johns River Festival Arts and Ct~fts Show on Ma~ch 2 and 3, 1996. On
recommendation of the City Manager, Commissioner Lyons moved to approve the sale and consumption of alcohol as
requested. Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Adoption of Resolution No. 1721. On recommendation of the City Manager, Commissioner Thomas moved to adopt
Resolution No. 1721, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA, RECOGNIZING THE "ST. JOHNS RIVER
CELEBRATION AND CLEAN'UP" ON MARCH 2, 1996.
Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Adoption of Resolution No. 1722. On recommendation of the City Manager, Commissioner Lyons moved to adopt
Resolution No. 1722, entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA, SUPPORTING SIGNAGE MODIFICATIONS ON
INTERSTATE 4, STATE ROAD 417, STATE ROAD 528 BEELINE AND
STATE ROAD 192 TO ASSIST THE AIR TRAVELING PUBLIC USING
ORLANDO SANFORD AIRPORT.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
So~p Box Derby License Agreement.
City Manager Simmons recommended authorization for Norm Perry, Soap Box Derby Director, to execute
the Soap Box Derby License Agreement.
On recommendation of the City Manager, Commissioner Thomas moved to approve said Soap Box Derby
License Agreement and authorization for Norm Perry, Soap Box Derby Director, to execute same. Seconded by
Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Bid #95/96=31, City Hall HVAC renovation/replacement, as discussed at tonight's Work Session. On recommendation
of the City Manager, Commissioner Howell moved to award the contract to the bidder with the lowest grand total price
including alternates, Schmitt Builders Incorporated, which met specifications, as outlined in memorandum dated
February 15, 1996, from City Manager. Seconded by Commissioner Thomas and carried by the vote of the Commission
as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
First reading of O~-dinsnce No. 3290. On motion of Commissioner Lyons, seconded by Commissioner Howell and
carried by the vote of the Commission as follows:
9¸,4
E40~3~4
MINUTES
City Commission, Sanford, Florida Regular Meet±n9
February
26, 1996
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Ordinance No. 3290, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING
CHAPTER 2, ARTICLE XIII OF THE CITY OF SANFORD CODE OF
ORDINANCES, ENTITLED "NUISANCE ABATEMENT BOARD,"
PROVIDING FOR THE CREATION OF AN ADMINISTRATIVE BOARD TO
HEAR COMPLAINTS OF PUBLIC NUISANCES RELATING TO DRUGS,
PROSTITUTION AND YOUTH AND STREET GANG ACTIVITY;
PROVIDING MEMBERSHIP, PROVIDING POWERS; PROVIDING FOR
LEGAL COUNSEL AND SECRETARY; PROVIDING ENFORCEMENT
PROCEDURES AND HEARINGS; PROVIDING VIOLATIONS; PROVIDING
NOTICE; PROVIDING PUBLIC HEARING; PROVIDING EVIDENCE;
PROVIDING FOR DISPOSITION OF COMPLAINTS AND REMEDIES;
PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
Recommendations from Planning and Zoning Comml-sion Meeting of Thursday, February 15, 1996~ as described in
memorandum dated February 16 ~ 1996~ from Land Development Coordinator.
Item #1
Unanimously approved a request for Conditional Use Permit for Lot 1, ACI Income Fund PD,
Don Pablo's Mexican Kitchen locatedat 100 Towne Center Boulevard in a PD, Planned Development
Zoning District for sale and consumption of alcoholic beverages on premises; Jerry Richards,
representative. (BWL-COP)
Commissioner Howell moved to approve the Conditional Use Permit for Don Pablo's Mexican
Kitchen located at 100 Towne Center Boulevard to sell alcoholic beverages on premises (BWL-
COP). Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye·
Aye
Aye
Item #2
Unanimously approved the Preliminary Subdivision Plan for Pamala Oaks, Phase 2, a 26 lot
residential subdivision located at 741 Upsala Road in a PD, Planned Development Zoning District,
subject to final engineering approval including details of sanitary sewer and storm drainage
systems.
Commissioner Howell moved to approve the Preliminary Subdivision Plan for Pamala Oaks, subject
to final engineering approval including details of sanitary sewer and storm drainage systems...
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Board aDDoin tments ! re-apDointments I resignation.
Cemetery Advisory Board: The City Clerk reported that the term of Bernard Mitchell expires
March 12, 1996; that the term of Bette Gramkow expires March 27, 1997; and that both have
served the maximum number of terms and are not eligible for re-appointment. The Commission
took no action..
Planning and Zoning Commission: The City Clerk reported that Mark N. Platts has submitted his
resignation, effective February 15, 1996.
Commissioner Howell moved to accept Mark Platts' resignation, to thank Mr. Platts for his service
on the Planning and Zoning Commission, and to appoint Otto Garrett to said Commission as Mr.
Platts' replacement. Seconded by Commissioner Thomas and carried by the vote of the Commission
as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
Consent Agenda.
Consideration of requests for payment of statements. The City Manager recommended
authorization to pay.
(1)
From Bryant, Miller and Olive for professional services re: Airport
Lease and TEFRA Resolution .......................................... $ 525.00
(2)
Muller, Mintz, Kornreich, et al for professional services from
1/3/96 - 1/31/96 .................................................... $1,990.66
Approval of Minutes of February 12, 1996, Work Session; and February 12, 1996, Regular
Meeting.
E405354
MINUTES
City Commission, Sanford, Florida
Regular Meeting
95
Febru;ary26, 1~6
On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the
Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
the Commission:
Ae
Aye
Aye
Aye
Aye
Aye
Approved payment of statements (1) and (2).
Approved Minutes of February 12, 1996, Work Session; and February 12, 1996, Regular Meeting.
Info,nation regarding invoices paid during the period for previously apprOVed lump sum contracts. The Commission
acknowledged two (2) invoices totalling $472.00.
Police Chief Position Q, mti¢ications, as diucussed at tonight's Work Session. On request of Commissioner Lyons, the
Commission concurred that the City Attorney prepare the proper ordinance to require that the Police Chief reside
within the City limits of Sanford within six (6) months after appointment.
Code Enforcement Officer Position. On request of Commissioner Lyons, the consensus of the Commission was to make
the contractual Code Enforcement Officer Position a permanent position.
LIHEAP Funding for FY 1996. On recommendation of the City Manager, Commissioner Howell moved to authorize
execution of the LIHEAP Contract for funding in amount of $107,000.00. Seconded by Commissioner Thomas and
carried by the vote of the COmmission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Aye
Aye
Aye
Aye
Aye
First reading of Ox~linance No. 39.91. On motion of Commissioner Howell, seconded by Commissioner Thomas and
carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Ordinance No. 3291, entitled:
Aye
Aye
Aye
Aye
Aye
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3230, AND ITS AMENDMENTS, AND ADOPTING AN
AMEND ED CLASS IFI CAT ION AND PAY PLAN EFFE CT IVE IMMED IAT ELY
TO AUTHORIZE THE ADDITION OF ONE (1) TEMPORARY "WATER
SUPERINTENDENT" POSITION TO THE UTILITIES DEPARTMENT; AND
THE ADDITION OF ONE (1) REGULAR AUTHORIZED BUILDING
INSPECTOR POSITION TO THE COMMUNITY DEVELOPMENT
DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
was introduced and placed on first reading.
There being no further business, the meeting was adjourned.
rM-AZY o R
Attest:
ity Clerk