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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. MINUTES 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. 270 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. MINUTES 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; MINUTES 2 7 3 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 MINUTES 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). MINUTES 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- ~ - - -