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City Commission, Sanford, Florida
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March 9,
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The City Commission Of the City of Sanford, Florida met in Regular Meeting on
Monday, March 9, 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
Acting City Clerk Linda L. Brace
Absent: City Clerk Janet R. Donahoe
The Chairman called the meeting to' order.
Presentation of Proclamation to the American Red Cross. Mayor Smith read a Proclamation
acknowledging the American Red Cross for its continued service in the community, and
Presented same to Jan Kerlin, Director, Seminole County Service Center.
Public hearing to consider second reading and adoption of Ordinance No. 3098, as advertised
in the Sanford Herald on February 27, 1992, and discussed at tonight's Work Session.
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,
QUALIFICATIONSAND TRAINING OF CODE ENFORCEMENT OFFICERS;
PROVIDING DELIVERY OF WARNING NOTICES' AND CITATIONS;
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.
introduced and placed on first reading at meeting of February 24, 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. 3098.
Mayor Smith asked for a show of hands from those individuals in the audience who
were in favor of Ordinance No. 3098; approximately fifteen individuals raised their hands.
Those persons who appeared in favor of Ordinance No. 3098 were as follows:
Mr. Miller, 5211 Brentwood Street, appeared and reported .that Ordinance No. 3098
is a positive step, a modern step, and that it will help streamline the system in a faster
and more economical way.
Lawrence Skipper, 207 East 10th Street, President of the Sanford Historic Trust,
appeared and reported that Ordinance No. 3098 will be very beneficial and helpful to the
City.
Bob Cassel, 709 South Oak Avenue, appeared and reported that as a landlord he is
in favor of Ordinance No. 3098, and that the community will look better because of the
program.
Those persons who appeared in opposition to Ordinance No. 3098 were as follows:
Norval Angle, 914 Park Avenue, appeared and reported that several houses in Sanford
do not have curb cuts, that several citizens have to park their motor homes on the side of
their property because there is no rear yard access.
Emmy McDaniels, 2812 Magnolia Avenue, appeared and reported that this ordinance
will hurt the small people of Sanford, that several of his friends need to park their work
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City Commission, Sanford, Florida
vehzc±es zn the yara, ana ~na~ neighbors wi-± spy on neignoors.
19 92
William Balzer, 222 Bradshaw Drive, appeared and reported that this ordinance will
hurt a lot of poor people because fines will'be imposed on people who cannot pay.
Mattie Cox, 609 East Second Street, appeared and reported that she was previously
cited for trash and debris, which was dumped in her yard from a tenant who moved, and asked
if there are any landlord responsibilities. Also, citizens are losing their rights.
Bobbie Barrineau, 711 South Palmetto Avenue, appeared and reported that she
believes the ordinance was drafted with good intentions, but the country is suffering from
over law and under morality, and the City of Sanford needs a good neighborhood image.
Albert DeLattibeaudiere appeared and reported that he is in favor of cleaning up
Sanford, but that he is opposed to Ordinance 3098 because it will create a hardship for the
poor people of Sanford.
Leo Salvail, 2522 Willow Avenue, appeared and reported that he was speaking on
behalf of other individuals residing in the Oak Hill Subdivision. He stated that the code
enforcement citation program ordinance is discriminatory and impractical, and that it will
discourage potential property buyers from buying in Sanford. Further, he is primarily
opposed to Ordinance No. 3098 because the time allotted to comply with a violation is not
sufficient.
Commissioner McClanahan reported that he is not against code enforcement, that
there are adequate laws in place, and that the process is not fast enough to satisfy people
who are not affected by it, and people affected by it want due process. Further, he is
concerned that untrained personnel will be writing citations, and that two hours' training
is not sufficient. Also, there will be an additional expense to speed up the process.
Commissioner Howell reported that two hours is ample time for training citation
officers, that this is a positive step to speed things up, and that the City of Sanford will
be cleaner because of said program.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3098. Seconded by Commissioner Thomas.
Commissioner Eckstein reported that the intent of this ordinance is admirable, that
the zeal to find utopia is not timely, that there is potential for polarizing the City of
Sanford, and that he is opposed to Ordinance No. 3098.
Mayor Smith reported that if the program does not work she will be the first to
recommend that said program be rescinded.
Commissioner Thomas reported that he does not like the way the City of Sanford
looks, particularly the Goldsboro area. Further, he is in favor of this ordinance because
it will deter violations, and that this is a good place to start in cleaning up the City.
The Mayor called for the vote on the foregoing motion. Said motion passed by the
vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Nay
Commissioner Howell Aye
Continuation of public hearing to consider closing, vacating and abandoning that portion of
West Second Street lying between North Poplar Avenue and North Cedar Avenue; tabled at
February 24, 1992 Regular Meeting, pending additional information.
Mr. Galloway appeared and reported that he is concerned about trash being dumped
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in the area.
Bart Peterson appeared in support of said street closure.
City Manager reported that there are a number of existing utility easement lines
in the street right-of-way, which would require the retention of a utility should the
Commission approve said street closure.
City Manager recommended that the public hearing be concluded, and consideration
of said street closure-be tabled, pending additional information.
Commissioner McClanahan moved to deny request to vacate the above-referenced
street, seconded by Commissioner Eckstein.
City Manager reported he recommended tabling in order to take steps to determine
the feasibility, and under what circumstances to consider vacating; and if feasible, to
determine if there is any potential for consideration of trade (quit claim) between the City
and the railroad relative to other property in the City, which the railroad owns and the City
pays money to rent.
Commissioner McClanahan withdrew his motion.
second.
Commissioner Eckstein withdrew his
Commissioner McClanahan moved to table consideration of the requested street
vacating, pending'additional information.
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Seconded by Commissioner Eckstein and carried by
Petition to Annex a portion of property lying between Fern Drive extended westerly and Jones
Avenue extended westerly and between Sanford Avenue and Americana Boulevarde William &
Martian Blalock, owners.
Bill Miller, 1018 Robin Road, Altamonte Springs, appeared and reported that it is
his intent to develop this property as single-family homes priced at $60,000.00 or less, and
that subject to action tonight, a request to rezone said property will be forthcoming.
On recommendation of City Manager, Commissioner Eckstein moved to authorize City
Attorney to prepare the proper ordinance to annex the above-referenced property. 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 Nay
Request from St. Lucia/First Street Gallery, for Special Event Permit on April 2, 1992, for
Fashion Show at Magnolia Malle from 10:00 A.M. to 2:00 P.M. On recommendation of City
Manager, Commissioner Howell moved to approve 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
Continuation of consideration of Preliminary Plat for Sterling Woods, and waiver requests;
continued at February 24, 1992 Regular Meeting, Dending additional information.
Joan Randolph, Planning Director, Harling, Locklin & Associates, Inc., 850
Courtland Street, Orlando, appeared, reviewed revised plans, and stated that there will be
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a lot and a retention tract at the end of the proposed road, which was proposed to tie into
a road in Hidden Lake. Further, Hugh Harling, President, Harling, Locklin & Associates,
Inc., is present to answer any questions.
City Manager reported that Street A appears to end abruptly with no cul-de-sac for
a turn-a-round, and that Lots 95 through 102 appear to be double-frontage lots, and that said
issues would need to be corrected, or would require a waiver of Land Development Regulations.
Hugh Harling appeared and reported that he would be willing to provide a cul-de-
sac, that there are no plans to have double-frontage lots, and that the lots in question have
an access easement from the west.
On reCommendation of City Manager, Commissioner Howell moved to acknowledge the
Preliminary Plat for Sterling Woods, and to approve four waivers of Land Development
Regulations, subject to agreed-upon cul-de-sac and comments relative to double-frontage lots.
Seconded by Commissioner McClanahan.
Barbara
Howell, 223 Loch Low Drive, appeared and reported that she did not
understand why a cul-de-sac is necessary.
The Mayor called for the vote on the foregoing motion.
vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Said motion passed by the
Request from Sica Nacu, for permission to apply to Planning and Zoning Commission for a
Conditional Use Permit for property located at 1011 Oak Avenue, to operate a Bed and
Breakfast. On recommendation of City Manager, Commissioner Howell moved approve request to
apply to the Planning and Zoning Commission for a Conditional Use Permit regarding the above
referenced property, to operate a Bed and Breakfast. Seconded by Commissioner Thomas and
carried by the vote of the commission as follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Condemnation Report 989-15, 2018 Mellonville Avenue, Sara Jacobson, owner.
City Attorney reported that the Commission could: 1) authorize another time
extension; 2) determine that no meaningful progress has been made, and authorize Public
Works Department to demolish property, which could possibly result in litigation, or 3) refer
the matter to Staff and City Attorney for review, for possible code enforcement action either
through regular code enforcement procedures or the newly adopted code enforcement citation
program.
Commissioner Howell moved to refer matter to Staff and City Attorney for review,
for possible code enforcement action. 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
Request from Diane Suddes, for waiver of City Code Section 1825, to allow basketball hoop to
remain in right-of-way at property located at 112 Laguna Court.
Nancy Norris, 112 Laguna Court, appeared and reported that there is no place for
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the children to play in the area, that there have been no complaints other than the incidence
a few weeks ago involving a few older, teenagers, who did not reside in the area. Further,
there are six other basketball hoops throughout Hidden Lake, which are questionable. Ms.
Norris stated that she understands the City's concern regarding liability, and'asked if there
is anything that can be done to allow the hoop to remain.
City Attorney reported that he cannot think of anything which would relieve the
City's liability, and recommended that the Commission deny request for waiver.
Diane Suddes, 113 Laguna Court, appeared and asked if the City's liability would
be eliminated if a sign was posted.
On recommendation of City Manager and City Attorney, Commissioner Thomas moved to
deny request for basketball hoop to remain in street right-of-way. 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 Ixora Garden Club, for reduction of Civic Center rental fees on March 13, 1992,
for luncheon and craft show; City cost $120.00. On recommendation of City Manager,
Commissioner Thomas moved to approve reduction of Civic Center rental fees; requestor to pay
$120.00 to cover the City's costs. 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 Southern Bell, for exclusive utility easement and access easement, for
construction, operation and maintenance of telecommunications electrical equipment,
underground cables and wires, and required appurtenant facilities at Fort Mellon Park (First
Street and CyDress Avenue), On recommendation of City Manager, Commissioner McClanahan moved
to approve said exclusive utility easement and access easement 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 McClanahan Aye
Commissioner Howell Aye
Contract Renewal with Roche Biomedical Laboratories, as discussed at tonight's Work Session.
On recommendation of City Manager, Commissioner Howell moved to authorize execution of said
Renewal Contract with Roche Biomedical Laboratories for FY 92/93, for pre-employment drug
screenings at the rate of $26.00 per screening. 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
Contract with Bosek, Gibson & Associates, for City Hall HVAC System Upgrade Engineering
Study. On recommendation of City Manager, Commissioner McClanahan moved to authorize
execution of said Contract with Bosek, Gibson & Associates in total amount of $11,550.00
($6,350.00 for Phase I, $6,400.00 plus $1,300.00 financing evaluation for Phase II, minus
$2,500.00 rebate from Florida Power & Light Company); to be funded from Support Services
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March 9,
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Division Budget ($10,000.00) with balance ($1,550.00) to be transferred within Division's
budget, for HVAC System Upgrade Engineering Study. 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
First reading of Ordinance No. 3103. On motion of Commissioner Howell, 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
Ordinance No. 3103, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3075, AND ADOPTING AN AMENDED
CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3104. On motion of Commissioner Thomas,
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
seconded
by
Ordinance No. 3104, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA~ AMENDING
ORDINANCE NO, 3061, AND ADOPTING AN AMENDED PERSONNEL
RULES AND REGULATIONS EFFECTIVE IMMEDIATELY; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3105. On motion of Commissioner McClanahan, 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
Ordinance No. 3105, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ADOPT
THE 1991 EDITION OF THE BUILDING CODE, GAS CODE, STANDARD
MECHANICAL CODE, PLUMBING CODE, AND STANDARD HOUSING
CODE; PROVIDING FOR SEVERABILITYCONFLICTS AND EFFECTIVE
DATE.
was introduced and plaCed on first reading.
Condemnations - Status Report of all current and pending condemnations. No action required
or taken.
Consent Agenda.
A. Requests for payment of statements.
(1) From Conklin, Porter & Holmes for:
Amendment No. 31 - Construction Services Reclaimed
Water Distribution System ......................... $ 1,193.31
Construction Administrative Services Site 10
Contracts I, II and III ........................... $25,697.05
Ce
Construction Services - Seasonal Discharge
Transmission Facilities and Water Reclamation
Facility Expansion ................................ $ 4,331.79
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City Commission, Sanford, Florida
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Sanitary Sewage Collection System Infiltration/
Inflow Assessment and Engineering Services ....... $6,137.84
Ba
ee
ge
Amendment No· 18 - Construction Services Eff.
Storage & Spray Irrigation System, Contracts B,
C and II ......................................... $ 492.65
Amendment No. 25 - Construction Services Master
Wastewater Pump Station ........................... $ 1,075.10
Mill Creek & Cloud Branch Preliminary Engineering
Services ........ ; ................................. $ 6,463.50
(2) From Jammal and Associates for:
a. Reclaimed Water Distribution System/Kaywood/
Mayfair/tdyllwilde ................................ $
b. Vacuum Sewer Collection System, Contract I ......... $
(3)From Environmental Management, Inc. _for Batching Test
(4)
607.00
920.00
at Police Department for Remedial Action Plan ........... $ 5,660.00
From City Attorney for February, 1992, Professional
Services ............................................... iS 8,300.00
Tabulations of Bids.
(1)
(2)
Bid %91/92-28, Reclaimed Water Main Extension, Lake Avenue Project.
(Utility Department) City Manager recommended acceptance of lowest
bids, which met specifications, as described in memo dated February 28,
1992, from Utility Director. (B & H Sales & Southeastern Municipal
Supply bid the same price for item %5; accepted bid from B & H to reduce
processing costs since they were low bidder on item #2.)
Bid %91/92-31, Recreation Annual Newsletter. (Recreation & Parks
Department) City Manager recommended acceptance of lowest bid, which
met specifications, from Michelson Printing, Inc. in amount of
$1,785.00.
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 McClanahan
Commissioner Howell
the Commission:
A.
B. (1)
Aye
Aye
Aye
Aye
Aye
Approved payment of statements (1) through (4).
Accepted lowest bids, which met specifications, as described in memo
dated February 28, 1992, from Utility Director. (B & H Sales &
Southeastern Municipal Supply bid the same price for item #5; accepted
bid from B & H to reduce processing costs since they were low bidder on
item ~2.)
(2) Accepted lowest bid, which met specifications, from Michelson Printing,
Inc. in amount of $1,785.00.
C. Approved Vouchers for the Month of February, 1992.
Lump sum contract invoices. The Commission acknowledged three lump sum contract invoices
approved for payment totalling $406,907.46.
Acceptance of FY 90/91 Audit, as discussed at tonight's Work Session. The Commission took
no action, and concurred to table acceptance of Audit until March 23, 1992.Regular Meeting,
pending additional information.
Information from Planning'and Zoning Commission Meeting of Thursday, February 20, 1992, as
described in memo dated Februar~ 28, 1992, from Land Development Coordinator. No action
required or taken.
Request from Building Official to board up DroDerty located at 1403 Mara CoUrt, due to unsafe
conditions. On recommendation of Acting City Manager, Commissioner Howell moved to authorize
Public Works Department tO board up property as requested. Seconded by Commissioner Thomas
and carried by the vote of the Commission as follows:
1992
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City Commission, Sanford, Florida
March 9,
19 92
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Request from Seminole County to amend Road and Library Impact Fee Interlocal Agreements. On
recommendation of Acting City Manager, Commissioner Howell moved to amend the Road Impact Fee
Interlocal Agreement dated August 15, 1989, and the Library Impact Agreement dated April 10,
1991, to require payment of the impact fees at the time of building permit issuance, 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
Holiday Inn. The Commission authorized Staff and City Attorney to prepare possible
alternatives regarding Holiday Inn arrearages, and report back to the Commission at the March
23, 1992 Work Session.
Request for authorization to purchase Public Official Liability Insurance from Florida League
of Cities in estimated annual amount of $42,000.00, as discussed at tonight's Work Session.
Commissioner Thomas moved to authorize Staff to purchase said insurance from Florida League
of Cities in estimated annual amount of $42,000.00, plus "tail coverage" in estimated amount
of $25,000.00, to decline/reject quote from Hunt Insurance for Public Official Liability
Insurance, and to authorize appropriate transfer from contingency fund for same. 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 for authorization to expand scope of Engineering Services Contract with Ardaman and
Associates, to include the estimation of costs for Art Lane Landfill closeout and cost of
twenty year groundwater monitoring. Commissioner Eckstein moved to expand scope of said
Engineering Services Contract wit-h Ardaman and Associates 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
Request from Kenneth Southward, Maranatha New Life Center, for waiver of license fees, and
a refund of said fees in amount of $625.00, for Carnival held from March 4, 1992 to March 11,
1992. On recommendation of City Manager, Commissioner McClanahan moved to approve waiver
of license fees, and to authorize a refund of said fees in amount of $625.00. Seconded by
Commissioner Thomas and carried by the vote of t'he Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
There being no further business,
Attest:
f City Cl'e~k
the meeting was adjourned.-.