022492-Regular Meeting268
MINUTES
City Commission, Sanford, Florida
February 24,
19 1992
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, February 24, 1992 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
Commissioner A. A. McClanahan
Commissioner Lon Howell
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Donahoe
The Chairman called the Meeting to order.
Presentation of "Saved by the Belt" plaques. Mayor Smith presented "Saved by the Belt"
plaques to police officers John L. Evans and William Wixon, and K-9 Jammer.
Public Hearing to consider closing, vacating and abandoning that portion of West Second
Street lying between North Poplar Avenue and North Cedar Avenue, as advertised in the Sanford
Herald on February 10, 1992. City Clerk reported that notices were mailed to property owners
February 10, 1992.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the street vacating.
Slim Galloway appeared in support of the street vacating. He stated that he would
like to see the canal piped and closed from Third Street to First Street. Also, Mr. Duval,
Mr. Rosier and Mrs. Weeks support said street vacating.
City Manager reported that within the present planning horizon, it is unlikely that
the stream north of Sixth Street will be piped, and that the estimated cost for the project
as planned is between $5,000,000 and $8,000,000. Further, should the Commission wish to
attempt to vacate the street right-of-way and retain same as a utility easement as
recommended by the Plans Review Committee, he would recommend that the Commission consider
same only if the Railroad is willing to help in terms of pieces of property the City leases
or may seek to buy from the Railroad for Stormwater Utility.
Recommendation submitted from Plans Review Committee to deny request for street
vacating, for reasons as set forth in memo dated February 13, 1992, from Land Development
Coordinator.
On recommendation of City Manager, commissioner McClanahan moved to table
consideration of the afore-mentioned street closure, pending further information. 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 Hearing to consider second reading and adoption or Ordinance No. 3099, as advertised
in the Sanford Herald on FebrUary 13, 1992.
Ordinance No. 3099, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3095, AND ADOPTING AN AMENDED SALARY
CLASSIFICATION PLAN EFFECTIVE IMMEDIATELY; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at Meeting of February 10, 1992, 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, proposed Ordinance
No. 3099. No one appeared.
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City Commission, Sanford, Florida
2-69
February 24,
1992_
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3099. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner McClanahan
Commissioner Howell
Aye
Aye ....
Aye
Aye
Aye
Public Hearing to consider second reading and adoption of Ordinance No 3100, as advertised
in the Sanford Herald on February 13, 1992.
Ordinance No. 3100, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ENACTING
INTO LAW AN AMENDMENT TO ORDINANCE 3024, ESTABLISHING A
POLICE PUBLIC SAFETY FACILITIES IMPACT FEE; PROVIDING FOR
THE HSE OF THE IMPACT FEES TO UNDERTAKE THE REVIEW
REQUIRED BY THE ORDINANCE OF THE AMOUNT OF THE IMPACT
FEES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
introduced and placed on first reading at Meeting of February 10, 1992, 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, proposed Ordinance
No. 3100. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3100. 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 Hearing to consider second reading and adoption of Ordinance No. 3101, as advertised
in the Sanford Herald on February 13, 1992.
Ordinance No. 3101, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ENACTING
INTO LAW AN AMENDMENT TO ORDINANCE 2046, ESTABLISHING A
RECREATION FACILITIES IMPACT FEE; PROVIDING FOR THE USE
OF THE IMPACT FEES TO UNDERTAKE THE REVIEW REQUIRED BY
THE ORDINANCE OF THE AMOUNT OF THE IMPACT FEES; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at Meeting of February 10, 1992, 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, proposed Ordinance
No. 3101. No one appeared.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3101. 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
Public Hearing to consider second reading and adoption of Ordinance No. 3102, as advertised
in the Sanford Herald on February 13, 1992.
Ordinance No. 3102, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ENACTING
INTO LAW AN AMENDMENT TO ORDINANCE 2030, ESTABLISHING A
FIRE PUBLIC SAFETY FACILITIES IMPACT FEE; PROVIDING FOR
THE USE OF THE IMPACT FEES TO UNDERTAKE THE REVIEW
REQUIRED BY THE ORDINANCE OF THE AMOUNT OF THE IMPACT'
FEES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
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MXNUTES .
City Commission, Sanford, Florida
1992
introduced and placed on first reading at Meeting of February 10, 1992, 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, proposed Ordinance
No. 3102.
No. 3102.
follows:
No one appeared.
Commissioner McClanahan moved on the second reading and adoption of said Ordinance
Seconded by Commissioner Howell and carried by the vote of the Commission as
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Request from Joshua Dannel, for Skateboard Ramp at 330 Live Oak Boulevard.
of Building Official and City Manager,
'Skateboard Ramp at 330 Live Oak Boulevard.
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
On recommendation
Commissioner Thomas moved to deny request for
Seconded by Commissioner Howell and carried by
Request from Henry Brown to speak to the Commission regarding an open 'ditch along the side
of his property located at 807 South Scott Avenue.
Henry Brown, 807 South Scott Avenue, appeared and reported that there is a large
ditch on the side of his house, and that said ditch is infested with large snakes and
reptiles, which poses a very hazardous condition. Further, he has talked to several people
regarding the problem, and that he has been getting promises but no results.
City Manager reported that this is an old drainage ditch, that portions of the
ditch by Hamilton Elementary School were piped at the point where said ditch turns from being
a north/south ditch to a short east/west bend, and that in the overall scheme of things, said
ditch does not rank as the next highest priority ditch to be piped.
Public Works Director appeared and reported that the earliest possible start date
would be fall of this year.
After discussion, the Commission directed Staff to clean the overgrowth in that
area, and to report back to the Commission.
Request from Kaye Leet d/b/a K's Hot Dog Wagon, for transfer of Occupational License for Open
Air Restaurant, from present location at 2923 Orlando Drive (Sanford Plaza) to 602 West First
Street (Firestone). On recommendation of City Manager, Commissioner McClanahan moved to
approve transfer of said Occupational License as described above. Seconded by Commissioner
Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Nay
Request from Cablevision of Central Florida, Inc., for approval of change of ownership.
Resolution No. 1624. Commissioner Thomas moved to adopt Resolution No. 1624, entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, SETTING
FORTH THE CHANGE IN OWNERSHIP OF THE PARENT COMPANY OF
CABLEVISION OF CENTRAL FLORIDA, THE GRANTEE OF THE
SANFORD COMMUNITY ANTENNA TELEVISION ORDINANCE, NO. 1956,
AND ESTABLISHING THAT THE CHANGE OF OWNERSHIP DOES NOT
AFFECT THE TERMS OF SAID ORDINANCE AND ESTABLISHING AN
EFFECTIVE DATE.
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City Commission, Sanford, Florida
271
February 24~
197'2~
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
Request from Seminole Communit~ Mental Health Center, for Special Event Permit on April 4,
1992, for Craft and Antique Collectible Sale, and authorization to utilize Fort Mellon Park
for same. On recommendation of City Manager, Commissioner Howell moved to approve said
Special Event Permit, and to authorize utilization of Fort Mellon Park for said event, as
requested. 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 Sanford/Seminole-Art Association, for Special Event Permit, on March 6, 7, 8,
1992, from 6:30 A.M. until dark, at Ft. Mellon Park, for St. John's River Fine Arts & Crafts
Festival, as discussed at tonight's Work Session. Commissioner Howell moved to approve said
Special Event Permit as requested. 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
Requests from Drew Thomas, American Red CroSs, for Proclamation acknowledging the Red Cross
for its continued service in the community, and approval to fly the American Red Cross Flag
at City Hall for one month during 1992. On recommendation of City Manager, Commissioner
McClanahan moved to adopt a proclamation acknowledging the Red Cross for its continued
service in the community, and to deny request to fly the American Red Cross Flag at City
Hall. 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
Personnel Related Itemst as discussed at tonight's Work Session.
ae
Proposed revision to Ordinance No. 3075, as amended, the "Classification and
Pay Plan", as described in memo dated February 5, 1992, from Personnel
Director.
Proposed revisions to Personnel Rules and Regulations, as described in memo
dated February 10, 1992, from Personnel Director.
Proposed adjustments to PERC Budget, as described in memo dated February 5,
1992, from Personnel Director.
On recommendation of City Manager, Commissioner Thomas moved to authorize City
Attorney to prepare the property ordinances for A and B above, with revisions as discussed
at tonight's Work session, and to authorize transfer from City Manager's Contingency Fund in
amount of $5,930.00 to PERC budget, as described in memo dated February 5, 1992, from
Personnel Director. 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
272
MINUTES
City Commission, Sanford, Florida
1992_
Proposed Lease Agreements for Citrus Grove Operation on "Site 10", as discussed at tonight's
Work Session.
Commissioner Howell moved to authorize execution of Net Lease with Lake Jessup
Groves, as written by City Attorney. Seconded by Commissioner Thomas.
After discussion, the foregoing motion was passed upon roll call vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Nay
Commissioner Howell Aye
Amendment to Library-Museum Architect's-Design Contract, as discussed at tonight's Work
Session. On recommendation of City Manager, Commissioner Howell moved to authorize execution
of Amendment to Library-Museum Architect's Design Contract, for Base (City/TDC funded) Phase
and Chase Family Phase, with direction that notice to proceed not be issued for the Chase
Phase until funds are received. 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 Nay
Commissioner Howell Aye
Agreement with Ardaman & Associates regarding "Site 10". On recommendation of City Manager,
Commissioner McClanahan moved to authorize execution of said Agreement with Ardaman
Associates in amount of $28,612.50 for continuing services, which covers fee for one year
future estimated annual cost is $7,000.00, for Groundwater Monitoring at "Site 10". Seconde(
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
Proposal from Ardaman & Associates regarding Art Lane Landfill. On recommendation of
Manager, Commissioner Thomas moved to authorize execution of Contract with Ardaman
Associates in an amount not to exceed $14,473.00, for miscellaneous Geotechnical
Groundwater Services at Art Lane Landfill. Seconded by Commissioner Howell and carried b
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
First reading of Ordinance No. 3098.
On motion of Commissioner Howell, seconded by Commissioner Thomas and carried
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Nay
Commissioner Howell Aye
Ordinance No. 3098, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING
CHAPTER 18, ARTICLE V, SECTIONS 18-80 THROUGH 18-91 OF
THE CITY OF SANFORD CODE OF ORDINANCES; ENTITLED "CODE
ENFORCEMENT CITATIONS," PROVIDING FOR A SUPPLEMENTAL
METHOD OF ENFORCING CITY CODES AND ORDINANCES; PROVIDING
INTENT; PROVIDING DEFINITIONS; PROVIDING DESIGNATION,
QUALIFICATIONS AND TRAINING OF CODE ENFORCEMENT OFFICERS;
.......... ~ ~rTxr~v ~ W~TN~ NOTICES AND CITATIONS;
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City Commission, Sanford, Florida
February 24,
PROVIDING VIOLATION ~CLASSIFICATION AND CIVIL PENALTY;
PROVIDING A SCHEDULE OF VIOLATIONS; PROVIDING PROCEDURE
TO PAY OR CONTEST CITATIONS; PROVIDING CITATION CONTENTS;
PROVIDING FOR DISPOSITION OF CITATIONS AND CIVIL
PENALTIES; PROVIDING FOR CODIFICATION, SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Board aDpointments:
ao
Cemetery Advisory Committee: City Clerk reported that the term of William E.
Welborn expires March 13, 1992, that the Cemetery Advisory Committee
recommends that Mr. Welborn be re-appointed, and that Mr. Welborn is willing
to serve again, if re-appointed.
Commissioner Thomas moved to re-appoint_William E. Welborn to the Cemetery
Advisory 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 McClanahan Aye
Commissioner Howell Aye
Be
Code Enforcement Board: City Clerk reported that there is one vacancy
(alternate member) for term to expire April 8, 1994.
Commissioner Howell moved to appoint Bob Cassell as an alterNate to serve on
the Code Enforcement Board. 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
Ce
Scenic Improvement Board:
submitted his resignation.
City Clerk reported that William Wilkins has
Commissioner Howell moved to table consideration of a replacement for Mr.
Wilkins. Said motion died for lack of a second.
Commissioner Eckstein moved to accept Mr. Wilkins resignation, and to appoint
Amelia Royster to serve on the Scenic .Improvement Board. 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
Reco~a~,endations from Planning and Zoning Commission Meeting of February 6, 1992, as described
in memo dated February 13, 1992, from Land Development Coordinator.
Recommendation 41. Sterling Woods Preliminary Plat and requests for waivers of the
Land Development Regulations.
Mayor Smith asked for a show of hands from those individuals in the audience who
were opposed to re-opening Loch Low Drive; approximately 10 to 12 individuals raised their
hands.
Barbara Howell, 233 Loch Low Drive, member, Hidden Lake Housing Association,
appeared and reported that she, as well as other individuals in the audience, is opposed to
opening Loch Low Drive. Further, the area is wetlands, there are two lakes with geese, ducks
and tortoise, and it would be unsound land management to disturb the area. Further, the
developer has not applied for a permit with the St. John's River Water Management District.
Also, Art Lane could be used as an access road, and the Groveview Sub-division has only one
access road. Further, if Loch Low Drive is opened there will be additional traffic, which
will add to the already existing traffic problem. Further, one of the conditions set by the
Planning and Zoning Commission regarding Loch Low Preparatory School, was that the school
would not use Loch Low Drive.
274
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City Commission, Sanford, Florida
February 24, 1992
City Manager reported that primary access could be off of Lake Mary Boulevard, and
that sub-divisions can exist with only one means of ingress/egress as with the Groveview
subdivision. Further, several members of the Plans Review Committee hake reasons why Loch
Low Drive should be connected through this area, and he recommended that speed humps be
placed on the new road. Further, the Hidden Lake Plat does not show a cul-de-sac on Loch Low
Drive, but there is an easement that goes across there.
After discussion, Commissioner Howell moved to acknowledge Preliminary Plat for
Sterling Woods, to approve the four waivers as requested, and not to open Loch Low Drive.
Commissioner Howell withdrew the foregoing motion.
Commissioner McClanahan moved to table consideration of Preliminary Plat for
Sterling Woods. Said motion died for lack of a second.
Commissioner Howell moved to acknowledge Preliminary Plat for Sterling Woods, to
approve the four waivers as requested, and not to re-open Loch Low Drive. Said motion died
for lack of a second.
Commissioner McClanahan moved to table consideration of Preliminary Plat for
Sterling Woods, pending additional information. Seconded by Commissioner Eckstein 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 Conklin, Porter & Holmes for Fee Increase in amount of $83,000.00, for Vacuum
Sewer Construction Services. on recommendation of city Manager, Commissioner Howell moved!
to authorize said fee increase for "Target cost Ceiling", from $321,079.17 to $404,079.17
for Vacuum Sewer Construction Services, Contracts I, II and III; total additional fees
$83,000.00. Seconded by Commissioner Thomas and carried by the vote of the Commission
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Consent Agenda Items.
A. Requests for payment of statements.
(1)
From Muller, Mintz, KOrnreich, Caldwell, Casey, Crosland
& Bramnick for Professional Services .................... $
882.08
(2)
From Ardaman & Associates for Groundwater Maintenance at
Mayfair Golf Course ..................................... $
413.75
Be
Acceptance of Bid ~91/92-24, Refuse Packer (Public Works Department). Cit~
Manager recommended acceptance of lowest bid meeting specifications,
Metro-Tech in amount of $69,679.00. (Two lower bids, Municipal Sales
Transtat, did not meet specifications.)
Ce
Approval of Minutes of February 3, 1992 Special Meeting, February 10, 199~
Work Session and February 10, 1992 Regular Meeting.
On motion of Commissioner Howell, seconded by Commissioner Thomas and carried
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. Approved payment of statements (1) and (2).
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City Commission, Sanford, Florida
275
February 24:
1992
B. Accepted lowest bid meeting specifications, from Metro-Tech in amount of
$69,679.00. (Two lower bids, Municipal Sales and Transtat, did not meet
specifications.)
C. Approved Minutes of February 3, 1992 Special Meeting, February 10, 1992 Work
Session, and February 10, 1992 Regular Meeting.
Lump sum contract invoices. The Commission acknowledged six lump sum contract invoices
approved for payment totalling $769,556.42.
Request from Carol Wheaton and Carlton Nix, to deannex property at 723 Briarcliffe Street.
On recommendation of City Manager, Commissioner Howell moved to acknowledge request
for deannexation, and to acknowledge that said property cannot be deannexed because it does
Seconded by Commissioner Thomas and
not meet statutory requirements for deannexation.
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
There being no further business, the meeting was adjourned.
Attest:
~Ci%~- Clerk- ~ - - -