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022696 ws/rm min.E405354 MINUTES City Commission, Sanford, Florida Work Session February 26, 89 199 6 The City Commission of the City of Sanford, Florida, met in Work Session on Monday, February 26, 1996, at 4:30 o'clock P.M. in the City Manager's Conference Room, City Hall, Sanford, Florida. Present: Mayor-COmmissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Complain~ re~,arding 611 and 621 Oak Avenue, 61§ Pa~k Avenue and other p~,oper~cies owned ox. controlled by Violetta W{1Hams. Commissioner Howell reviewed and discussed various code violations/deficiencies reg~arding properties owned or controlled by Ms. Williams, including, but not limited to, poor ventilation, inoperable heating systems, missing windows, no smoke detectors, inoperable switches and exposed wires, stated that he considers these conditions to be Hfe threatening, and asked if said properties can be vacated and boarded-up. Fire Inspector Vince Fioretti reported that the Fire Department gives the property owner fourteen (14) days in which to come into compliance; if not corrected, a citation can be issued, followed by a Notice of Hearing before the Code Enforcement Board. Assistant Fire Chief Neai reported that there are circumstances under which measures can be taken to abate the problem when life safety is involved, and recommended that Staff speak With the City Attorney and the State Fire Marshall's Office to determine the City's options. Director of Community Development Charles Rowe reported that Notices of Inspection have been done and Notices of Violation were sent last week, that if said violations are not corrected Within the specific time, these properties will come before the Code Enforcement Board at its first Meeting in April, 1998. Further, Ms. Williams has pulled roofing and electrical permits. Further, the State of Florida Department of Business Regulation has performed an inspection of the properties, for which we have not received the results, and has indicated that Ms. Williams does not have a license of any kind through the State, which she Will be required to produce or b'~- subject to a fine of up to $9.50.00 per day for each infx~action. Further, Staff is determining whether or not City licenses obtained by Ms. Williams reflect the correct number of tenants for each structure/building. Also, the Building Department does not have the authority to close down/vacate these dwellings; the Code Enforcement Board is the City's only avenue for same. Further, perhaps Staff could notify the owner(s) that the premises must be vacated immediately, and in the meantime, check with the State to determine the Fire Department's authority. Commissioner Howell requested that Staff notify Ms. Williams to vacate the premises; Commissioner Lyons was in favor of giving Ms. Williams two weeks to bring the properties up to code, or vacate. City Manager Simmons reported that the Notices of Violation afford Ms. Williams until March 8, 1996 to correct these violations. After discussion, the Commission concurred that all life safety code violations/deficiencies must be corrected and the properties inspected by March 8, 1996, in accordance With Code Enforcement Notices of Violation; if not corrected, the City Commission will consider further action as deemed appropriate at the March 11, 1996, Regular Meeting. 90 B40~3~4 MINUTES City Commission, Sanford, Florida Work Session February 26, 1996 Recreational Vehicle Parking Re~n_,_!~tions. Charlotte Smith reported that she has been an RV owner for fifteen (15) years, that she previously lived in the Sanora Subdivision which had no side or rear yard access, and, therefore, used a storage facility; now she resides in Mellonville and parks said vehicle in the back yard. Further, she has reviewed the current RV ordinance, Commissioner Lyons' proposed ordinance as well as others, and the Euclid, Ohio court case. Further, some problems identified with storage facilities, include the availability of storage facilities, accessibility to the facility, insurance and security, and the fact that the storage facilities themselves are bad for these vehicles. Also, the current ordinance lacks one provision for properties that do not have rear or side yard access, and Commissioner Lyons' proposal provides some relief and is desirable because the vehicle has to be operable and licensed, however, it appears to be more restrictive relative size restrictions. After considerable discussion, the consensus of the Commission was to make no changes to Ordinance No. 3247. Designation of Chase P~-ope~ as Historic District. On request of Commissioner Howell, the Commission concurred to refer this item to the Historic Preservation Board for consideration. City Hall HVAC Bid #95196-31. City Manager Simmons recommended award of the HVAC renovation contract to the bidder with the lowest grand total price including alternates, as described in memorandum dated February 15, 1996, from City Manager. Police Chief Position ~difications. Mayor Smith, and Commissioners Thomas and Eckstein were in favor of keeping the current Police Chief Position Qualifications; Commissioners Howell and Lyons were in favor of revising the position qualifications to require a four (4) year college degree. After discussion, the Commission concurred to leave the Police Chief position qualifications as is, with the exception of requiring that the PoliCe Chief reside within the City limits of Sanford within six (6) months of appointment. Appropriate City action/x-eaction to blatant violations of City Codes. (Commissioner Lyons briefly left the meeting, then returned. ) Director of Community Development Charles Rowe reported that the Cities of Oviedo, Casselberry and Altamonte Springs have experienced the same types of problems as with the DeLand Dodge sale, which from an economical standpoint, was good for Sanford; but blatantly violated City Codes, and reviewed the City's options, including: the issuance of a citation, and Notice of Hearing before the Code Enforcement Board, the implementation of a short-term permit process similar to the Special Events Permit, and exclusion of vendors outside the City limits or increasing the permit fees for said vendors. After discussion, the Commission concurred that Staff streamline the conditional use permit process similar to Special Event Permit Applications; develop the criteria for approving this type of event as well as other ventures, for City Commission review at the next Work Session. (The Chairman recessed the meeting for approximately 10 minutes, then reconvened the meeting. ) Revocation of Occupational License for non-payment of Stomnwater Utility Fee. The City Manager reported that foreclosure action for non-payment of stormwater utility fees is continuing, that the dollar value at risk in this action exceeds the revenue which would be generated by occupational license fees, that no occupational license is Code Enforceable, that the City could refuse renewal of the occupational license, however, license fees are revenue generating for the City, and that Pebble Junction could continue doing business. E405354 MINUTES City Commission, Sanford, Florida ql g~.gg i on F~.brn ary 26. 1996 Board appointments ] re-appointments. The Commission discussed board appointments/re-appointments, including the appointment of Otto Garrett to the Planning and Zoning Commission as Mark Platts' replacement, and concurred to consider the appointment of Mary Dale Jones to the Code Enforcement BOard at the March 11, 1996, Regular Meeting. (Commissioner Howell briefly left the meeting, then returned. ) Rehmlsr Agenda Items and other item. A. LIHEAP Grant Funding for FY 1996. The City Manager recommended approval of the application for LIHEAP grant funding in amount of $107,000.00. This item was referred to tonight's Regular Meeting for City Commission consideration. B. Request for one additional temporary "Water Superintendent" l~osition. On recommendation of the City Manager, the Commission concurred to consider first reading of Ordinance No. 3291, to add one (1) additional temporary "Water Superintendent" position, at tonight's Regular Meeting. There being no further business, the meeting was adjour~ned. M'A Y~R - Attest: ~/- City Clerk /~ U E405354 MINUTES City Commission, Sanford, Florida ' Reqular Meet:i. nq February 26. 1996 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 26, 1996, at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Public Hea~ing to consider closing, vacating and abandoning a fifteen (15) foot wide north-south d~aina~e easement lying on the westerly portion of the prope~y at 126 Pamala Cou~t, as advertised in the Sanford Herald Febm,-~y 8, 1996. The City Clerk reported that the property was posted February 12, 1996, and the owners notified January 23, 1996. Recommendation submitted from the Plans Review Committee to approve the easement vacating. On recommendation of the City Manager, Commissioner Howell moved to authorize the City Attorney to prepare the proper ordinance to vacate the easement as advertised. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye Public Hea~ing to consider second x~tding and adoption of Ordinance No. 3299, as advertised in the Sanford Herald Februa~ 15, 1996. Ordinance No. 3289, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF THAT CERTAIN PROPERTY LYING BETWEEN COMMERCIAL STREET AND EAST FIRST STREET AND BETWEEN COMMERCIAL STREET AND EAST FIRST STREET AND BETWEEN NORTH PALMETTO AVENUE AND NORTH SANFORD AVENUE, FROM SC-3, SPECIAL COMMERCIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of February 12, 1996, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3289. Bruce Andersen, Andersen & Associates, 3685 Midiron, Winter Park, Florida, appeared and reported that he was available to answer questions. Commissioner Thomas moved on the second by Commissioner Howell and carried by 'the vote of the Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye reading and adoption of said Ordinance No. 3289. Seconded Commission as follows: Request from Retired & Senior Volunteer Program ("RSVP") for waiver of Civic Center rental fee for ann, m1 volunteer recognition luncheon on AI~I 19, 1996. On recommendation of the City Manager, Commissioner Thomas moved to approve rental at the reduced rate in amount of $120.00. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Aye Aye Aye Aye Aye Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons E405354 MINUTES City Commission, Sanford,' Florida Reqular M~etinq 93 February 26, 1996 Request from Greater Snnfot'd Chamber of Commerce for sale and consumption of alcoholic beverages (Beer and Wine) in conjunction with the 26th Annual St. Johns River Festival Arts and Ct~fts Show on Ma~ch 2 and 3, 1996. On recommendation of the City Manager, Commissioner Lyons moved to approve the sale and consumption of alcohol as requested. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye Adoption of Resolution No. 1721. On recommendation of the City Manager, Commissioner Thomas moved to adopt Resolution No. 1721, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, RECOGNIZING THE "ST. JOHNS RIVER CELEBRATION AND CLEAN'UP" ON MARCH 2, 1996. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye Adoption of Resolution No. 1722. On recommendation of the City Manager, Commissioner Lyons moved to adopt Resolution No. 1722, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, SUPPORTING SIGNAGE MODIFICATIONS ON INTERSTATE 4, STATE ROAD 417, STATE ROAD 528 BEELINE AND STATE ROAD 192 TO ASSIST THE AIR TRAVELING PUBLIC USING ORLANDO SANFORD AIRPORT. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye So~p Box Derby License Agreement. City Manager Simmons recommended authorization for Norm Perry, Soap Box Derby Director, to execute the Soap Box Derby License Agreement. On recommendation of the City Manager, Commissioner Thomas moved to approve said Soap Box Derby License Agreement and authorization for Norm Perry, Soap Box Derby Director, to execute same. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye Bid #95/96=31, City Hall HVAC renovation/replacement, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to award the contract to the bidder with the lowest grand total price including alternates, Schmitt Builders Incorporated, which met specifications, as outlined in memorandum dated February 15, 1996, from City Manager. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye First reading of O~-dinsnce No. 3290. On motion of Commissioner Lyons, seconded by Commissioner Howell and carried by the vote of the Commission as follows: 9¸,4 E40~3~4 MINUTES City Commission, Sanford, Florida Regular Meet±n9 February 26, 1996 Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye Ordinance No. 3290, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 2, ARTICLE XIII OF THE CITY OF SANFORD CODE OF ORDINANCES, ENTITLED "NUISANCE ABATEMENT BOARD," PROVIDING FOR THE CREATION OF AN ADMINISTRATIVE BOARD TO HEAR COMPLAINTS OF PUBLIC NUISANCES RELATING TO DRUGS, PROSTITUTION AND YOUTH AND STREET GANG ACTIVITY; PROVIDING MEMBERSHIP, PROVIDING POWERS; PROVIDING FOR LEGAL COUNSEL AND SECRETARY; PROVIDING ENFORCEMENT PROCEDURES AND HEARINGS; PROVIDING VIOLATIONS; PROVIDING NOTICE; PROVIDING PUBLIC HEARING; PROVIDING EVIDENCE; PROVIDING FOR DISPOSITION OF COMPLAINTS AND REMEDIES; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Recommendations from Planning and Zoning Comml-sion Meeting of Thursday, February 15, 1996~ as described in memorandum dated February 16 ~ 1996~ from Land Development Coordinator. Item #1 Unanimously approved a request for Conditional Use Permit for Lot 1, ACI Income Fund PD, Don Pablo's Mexican Kitchen locatedat 100 Towne Center Boulevard in a PD, Planned Development Zoning District for sale and consumption of alcoholic beverages on premises; Jerry Richards, representative. (BWL-COP) Commissioner Howell moved to approve the Conditional Use Permit for Don Pablo's Mexican Kitchen located at 100 Towne Center Boulevard to sell alcoholic beverages on premises (BWL- COP). Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye· Aye Aye Item #2 Unanimously approved the Preliminary Subdivision Plan for Pamala Oaks, Phase 2, a 26 lot residential subdivision located at 741 Upsala Road in a PD, Planned Development Zoning District, subject to final engineering approval including details of sanitary sewer and storm drainage systems. Commissioner Howell moved to approve the Preliminary Subdivision Plan for Pamala Oaks, subject to final engineering approval including details of sanitary sewer and storm drainage systems... Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye Board aDDoin tments ! re-apDointments I resignation. Cemetery Advisory Board: The City Clerk reported that the term of Bernard Mitchell expires March 12, 1996; that the term of Bette Gramkow expires March 27, 1997; and that both have served the maximum number of terms and are not eligible for re-appointment. The Commission took no action.. Planning and Zoning Commission: The City Clerk reported that Mark N. Platts has submitted his resignation, effective February 15, 1996. Commissioner Howell moved to accept Mark Platts' resignation, to thank Mr. Platts for his service on the Planning and Zoning Commission, and to appoint Otto Garrett to said Commission as Mr. Platts' replacement. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye Consent Agenda. Consideration of requests for payment of statements. The City Manager recommended authorization to pay. (1) From Bryant, Miller and Olive for professional services re: Airport Lease and TEFRA Resolution .......................................... $ 525.00 (2) Muller, Mintz, Kornreich, et al for professional services from 1/3/96 - 1/31/96 .................................................... $1,990.66 Approval of Minutes of February 12, 1996, Work Session; and February 12, 1996, Regular Meeting. E405354 MINUTES City Commission, Sanford, Florida Regular Meeting 95 Febru;ary26, 1~6 On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons the Commission: Ae Aye Aye Aye Aye Aye Approved payment of statements (1) and (2). Approved Minutes of February 12, 1996, Work Session; and February 12, 1996, Regular Meeting. Info,nation regarding invoices paid during the period for previously apprOVed lump sum contracts. The Commission acknowledged two (2) invoices totalling $472.00. Police Chief Position Q, mti¢ications, as diucussed at tonight's Work Session. On request of Commissioner Lyons, the Commission concurred that the City Attorney prepare the proper ordinance to require that the Police Chief reside within the City limits of Sanford within six (6) months after appointment. Code Enforcement Officer Position. On request of Commissioner Lyons, the consensus of the Commission was to make the contractual Code Enforcement Officer Position a permanent position. LIHEAP Funding for FY 1996. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of the LIHEAP Contract for funding in amount of $107,000.00. Seconded by Commissioner Thomas and carried by the vote of the COmmission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye First reading of Ox~linance No. 39.91. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Ordinance No. 3291, entitled: Aye Aye Aye Aye Aye AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3230, AND ITS AMENDMENTS, AND ADOPTING AN AMEND ED CLASS IFI CAT ION AND PAY PLAN EFFE CT IVE IMMED IAT ELY TO AUTHORIZE THE ADDITION OF ONE (1) TEMPORARY "WATER SUPERINTENDENT" POSITION TO THE UTILITIES DEPARTMENT; AND THE ADDITION OF ONE (1) REGULAR AUTHORIZED BUILDING INSPECTOR POSITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading. There being no further business, the meeting was adjourned. rM-AZY o R Attest: ity Clerk