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030992-Regular MeetingMINUTES City Commission, Sanford, Florida 279 March 9, 19 92 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 2 8 0 MINUTE S 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 MINUTES City Commission. Sanford, Florida March 9, 281 1992 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 282 MINUTES City Commission, Sanford, Florida March 9, 19 92 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 MINUTES City Commission, Sanford, Florida March 9, 283 19 92 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 284 MINUTES - City Commission, Sanford, .Florida March 9, 19 92 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 MINUTES 2[35 City Commission, Sanford, Florida March 9, de 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 2 8 6 MINUTES- 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.-.