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051396 ws/rm min.F_.405354 MINUTES Work Session May 13 135 City Commission, S~rd, ~ofida The City Commission of the City of Sanford, Florida met in work Session Monday, May 13, 1996 at 5:00 o'clock P.M. in the City Manager's Conference Room, City Hall, 300 North Park Avenue, 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. Status report on Charter ReviSions and consideration of Municipal Code 'Corporation Analysis. Assistant City Attorney Donna McIntosh reviewed the Charter Revisions and explained that deletions and amendments in the proposed' Charter which were not previously discussed were incorporated based on the recommendation of Municipal Code Corporation, the City Clerk, and her. After discussion, the Commission concurred to not place districting in the Charter; to hold a referendum at the September, 1996 election regarding the Police Chief and the Fire Chief being hired by and reporting to the City Manager, and changing the regular election date to March; and to hold a referendum at the December, 1996 regular election for all other Charter amendments. City Attorney's budget request. City Attorney William Colbert reported that during the approximately 15 years he has been City Attorney, the law firm has asked for an increase in compensation only twice, that the law firm is reviewing what it is doing and the cost of doing business, and submitted a letter to the City Manager for consideration during budget reviews. Gas Properties' Fina Station. In response to Commissioner Howell's inquiry about the status of the court case and if the city could take down the fence, City Manager Simmons reported the 5th District Court of Appeals has denied Gas Properties' appeal. City Attorney Colbert reported if the city were to unilaterally remove the fence the city would be trespassing on private property; one way for the city to accomplish the removal is for the city to ask the court for an injunction to require the owner to remove the fence within a certain number of days, and if the owner defaults to authorize and permit the City to then remove the fence. Request from the Greater Sanford Chamber of Con~merce for $7~000.00 donation for staff to man the visitor center at the AmPort. Wanda Kelly, Executive Director for the Greater Sanford Chamber of Commerce, reported the request is for funding in the city's 1996/97 fiSCal year, however, the Chamber does need assistance to fund the visitor center between now and October 1, 1996. The Commission concurred to consider the request at Budget Work Sessions. Request from the Christian Sharing Center to waive the meter fee in amount of $210.00 and deposit charge for a 1" irrigation meter. Recommendation submitted from the City Manager and from the Utility Director to not waive the fee and deposit, and to suggest they install a 3/4" irrigation meter ($130.00 fee plus $60.00 deposit and application fee), which would cost them less and still meet their needs. The Commission concurred. 19 96 1'3 6 E405354 MINUTES City Commission, Sanford, Florida Work Session May 13 19 96 Request from the Lake District Homeowners, Inc. for rezoning and comprehensive plan amendment to the "Chase" property at Silver Lake. The Commission discussed the request, and Director of Planning and Development Jay Marder's memorandum dated April 30, 1996, and concurred that City Manager Simmons obtain the City Attorney's opinion on whether the requested rezoning/comprehensive land use plan change would devalue the property, and state law regarding a devaluation, and report back to the City Commission. Requests from Barbara Farrell and from Ta~iri Arts, Inc. to purchase or obtain an option to purchase the Little Red School House. The Commission had no interest in selling the property or giving an option to purchase it. Personnel Classification and Pay Plan. City Manager Simmons reported this item is for review and discussion today and for Staff to hear the direction the Commission wishes to take, with action to be taken at a later date, probably during Budget Work sessions. Mayor Smith and Commissioner Eckstein each stated their first priority is paying existing employees appropriately. Commissioner Howell stated he wants to wait until the union contract is completed with the Fraternal Order of Police before considering any personnel issues. FY 96/97 additional positions and re-classification requests. Each Department Head reviewed his departmental request for additional positions and answered questions. The Commission concurred to consider reclassification requests at the May 20, 1996 Work Session. Request for revised ~ob description and regrade of Civil Engineer I position and for revised job description for Building Inspector positions in FY 95/96. This item was not discussed. Request to hire a Support Services Coordinator at-Step 11t effective now. This item was not discussed. [The Mayor briefly recessed the meeting, then reconvened it.] Board appointments/re-appointments. The Commission did not discuss this item. Regular Agenda Items and other items. The Commission did not discuss this item. Non-Conforming Use - 621 Oak Avenue. The Commission did not discuss this item. Airport police agreement. The Commission did not-discuss this item. [The Mayor recessed the meeting, then reconvened it.] Police Chief Ralph Russell's retirement January, 1997. City Manager Simmons reported receipt of a letter from Police Chief Ralph Russell stating his intent to retire effective January 3, 1997. Commissioner Howell stated the city should start a search for Chief Russell's replacement; City Manager Simmons reported a search can be done, but the city's Personnel Rules require consideration and promotion of an aPPlicant in the next lower position within the department who meet the qualifications. The Commission concurred that the City Manager obtain the City Attorney's opinion regarding the city's "next in line" rule and report back to the City Commission. Funeral arrangements for Jim Carroll. City Manager Simmons reported Jim Carroll's death last week, that the funeral was held yesterday with interment today at Bushnell National Cemetery. E4053~ MINUTES Work Session May 13 City Commission, San~rd, ~ofida Financial Status Report. Finance Director Carolyn Small reviewed the report dated April 22, 1996. Finance Director Small recommended the city complete purchases for the general fund HVAC project for which a $400,000.00 loan was proposed, and complete purchases for the utility fund equipment for which a $190,000.00 loan was proposed, fund. as much of the purchases as possible from revenues, and delay the actual borrowing until as late in the year as possible, and the Commission concurred. Transfer of Water L~ne .to~ Seminole Count~ Utilities. The City Manager reported the Commission conceptually approved the transfer to Seminole County Utilities of the water line which the Expressway gave to the city to get water from Sanford Avenue to the Expressway Toll Booth on South Sanford Avenue, and that he is prepared to sign the Bill of Sale for this transfer unless the Commission has some objection. The Commission had no objection. Code Enforcement Drocedures. The Commission discussed code Enforcement procedures and the handling of a complaint submitted to Code Enforcement by Commissioner Lyons. There being no further business, the meeting was adjourned. 1'37 96 Attest: ~ City Clerk M/A Y O R 138 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting May 13 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, May 13, 1996, at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, 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. Florida. Adoption of Resolution No. 1730. Commissioner Howell moved to adopt Resolution No. 1730, A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, THANKING AND COMMENDING CORPORAL GREGORY V. SMITH FOR HIS SUPERIOR SERVICE TO THE CITIZENS OF THE CITY OF SANFORD AND FOR HIS HEROIC ACT OF BRAVERY AS A MEMBER OF THE SANFORD POLICE DEPARTMENT. entitled: Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Presentation of Resolution No. 1730 to Corporal Gregory V. Smith. Mayor Smith presented Resolution No. 1730 to Corporal Gregory V. Smith and thanked and commended him for his service in the heroic rescue of a ninety-one year old woman from a burning house. Presentation of Medal of Valor to Officer William Stead. Mayor Smith presented the Medal of Valor to Officer William Stead and thanked and commended him for his service in the heroic rescue of a ninety-one year old woman from a burning house. The Medal was then pinned on Officer Stead by Police Chief Ralph Russell. Public hearing to consider proposed improvements to West First Street between French Avenue and Mangoustine Avenue. Ms. Christianne Robinson and Mr. Bill Linkovich of the State of Florida Department of Transportation (FDOT) were present. Ms. Robinson stated that the Florida Department of Transportation and Safety Office desires to remove parking and install a two-way left turn lane on a segment of State Road 46, beginning .at the intersection of 'State Road 46 and Highway 17-92 and ending at approximately Avocado Avenue where the median segment begins along State Road 46, in a targeted effort to reduce accidents on State Road 46. Ms. Robinson, on behalf of FDOT, requested a Resolution from the City of Sanford to remove parking from State Road 46. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed improvements to West First Street (State Road 46) between French Avenue and Mangoustine Avenue. Jim Barks appeared and stated that he has offices at 1120 West First Street between Mangoustine Avenue and Avocado Avenue, that his children were involved in an automobile accident there several years ago, and he is one hundred percent (100%) in favor of the proposed turn lane. He then voiced his concerns regarding the proposed prohibition of parking in front of his office building. Mr. Barks 19,,96 E4~53~4 MINUTES 139 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye The City Manager acknowledged that he would work with business owners affected by the parking prohibition in the consideration of alternative types of garbage collection or off-street parking. Discussion bM Mr. Lemuel DeBose. Lemuel Debose, 1108 Cypress Avenue, appeared and referenced the City Commission meeting of January 22, 1996, at which he appeared to discuss Land Development Regulations Schedule K, Section 4.10 - Lighting. Mr. Debose stated that he has a copy of the minutes but is confused about the outcome of that meeting, and at the Chairman's inquiry, requested an explanation from the City Manager. The City Manager reported that he had requested a report from Chief Ralph Russell to determine if the lighting in question violates City code or generates a traffic safety problem. Chief Ralph RusSell reported that the area is well-lit, but the lights of adjacent properties are not directed onto Mr. Debose's property. He further explained that Mr. Debose's house sits over the easement line which puts him closer to the property line, and in turn, closer to the lighting. No traffic problems or code violations were noted. Following an inquiry byCommissioner Lyons as to whether the City had contacted the neighbor in question, the City Attorney stated that in the absence of code violations or legal violations, the City has no jurisdiction, that the City could talk to the neighbor if the Commission so directed, but there is no enforcing mechanism as long as the neighbor meets City code; it is a civil matter between parties. Mr. Debose reported that he tried to talk to his neighbor initially, that the heaviest light is directed into his bedroom and backyard, and that since the January 22, 1996 meeting, the neighbor has allowed him to encase the light, thus reducing the amount of light in his backyard. The Chairman reiterated that this is a civil matter and advised Mr. Debose to get Regular Meeting Ci~ Commission,-San~rd,'~ofida May 13 1996 discussed the convenience of parking on West First Street (State Road 46) due to limited on- site parking in the rear of his office building, and wanted to know if anything could be done to allow parking to continue in front of 1120 West First Street. Mr. Barks also noted that the removal of a dumpster from the rear of the building could possibly create additional parking space and stated that he would discuss such removal with the City Manager. Commissioner Eckstein acknowledged that front parking is convenient at the 1120 West First Street location, but the public good should prevail and there is a compelling argument for public safety in the proposed prohibition of parking on this section of State Road 46. Adoption of Resolution No. 1731. On recommendation of the City Manager, Commissioner Thomas moved to adopt Resolution No. 1731, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, REQUESTING THE PROHIBITION OF VEHICLE PARKING ON THAT PORTION OF WEST FIRST STREET BETWEEN FRENCH AVENUE AND AVOCADO AVENUE; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: 140 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting May 13 19.96 an attorney. Mr. Debose stated that although lighting is a new issue, there will be more lights in the future because people in the City are scared, and asked if anything can be placed on the agenda for control now° Chief Russell reported that lighting is one of the issues addressed by the CPTED program, and that he will provide the Commission with a booklet containing information regarding the CPTED program. Right-of-Way Use Agreement for a fence at 701 West 3rd Street. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of the Right-of-Way Use Agreement with Jerry W. Mills for a fence at 701 West 3rd Street as requested. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Agreements and Proposals. Urban Service Area and Utility Service Planning Area Amended Agreement with Seminole County, to allow the City to provide retail water and sewer service to an additional 27 acre water service area (ACI Income Fund, Inc.). Interlocal Agreement Providing Joint Control of Pollutants with Seminole County, municipalities in Seminole County, and State of Florida, re: NPDES Stormwater Permit Application. Co Proposals for Groundwater Monitoring Services with Ardaman & Associates, Inc. for one year, for Site 10 in amount of $9,500.00 and for Mayfair Golf Course in amount of $3,600.00. On recommendation of the City Manager, Commissioner Howell moved to authorize the execution of A, B, and C, above. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Condemnations: Status Report/Requests for Time Extensions/Request to Demolish. Status Report of all current and pending condemnations. or taken. No action required B. Requests for time extensions: (i) Report #95-01, 1000 East 7th Street. day extension. Building Official recommends 30 (2) Report %94-02, 818 West 3rd Street. Building Official recommends 30 day extension for completion. (3) Report %94-17, 1305 Myrtle Avenue. Building Official recommends 90 day extension. (4) Report %94-18, 1307 Myrtle Avenue. extension. Building Official recommends 90 day Commissioner Howell moved to deny the requested time extensions for (1), (2), (3) and (4) above. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Aye Request to board up property at 422 East 5th Street. On recommendation of the City Manager, Commissioner Howell moved to authorize the Public Works Department to board up the property at 422 East 5th Street. Seconded by Commissioner Lyons and carried by the vote of the E405354 MINUTES' City Commission, Sanford, Florida Regular Meeting 141 May 13 1996 Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Authorization to sell items at auction on June 22, 1996. On recommendation of the City Manager, Commissioner Thomas moved to authorize the sell of surplus equipment at auction on June 22, 1996. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request for demolition: Report %92-15, 708 Palmetto Avenue. Building Official recommended authorization for Public Works to demolish. On recommendation of the City Manager, Commissioner Lyons moved to authorize the demolition of 708 Palmetto Avenue. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Nay Commissioner Lyons Aye Request to hire a Support Services Coordinator at Step 11. On recommendation of the City Manager, COmmissioner Thomas moved to approve the hiring of a SUpport Services Coordinator at Step 11. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Nay Recommendations and Information from the Planning and ZOning Commission. A. Meeting of April 18, 1996. Item 91: Approved the site plan and landscaping plan improvements for Monroe Harbour Marina located at 531 N. Palmetto Avenue in a SC-3, Special Commercial Zoning District subject to sealing and restriping the pavement within the fenced area of the boat storage/display area and conditioned upon City Commission approval of expansion of use within the lease area. No action required or taken at this time. Item 92: Approved the Final Plat for Sanford Central Park, Phase II, a replat of lots 8-12, 18 and parts of lots 7 & 19, Sanford Central Park, a 43 lot industrial park located in a RI-l, Restricted Industrial Zoning District subject to identifying existing lift station on the plat as City of Sanford and complete acceptance and approval of Improvement Plans for project. "Subject to" items are now complete, per Land Development Coordinator. Commissioner Thomas moved to approve the Final Plat for Sanford Central Park, Phase II. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Item 93: Continued consideration of the Final Plat for Bauerle Place at Sanford Central Park, a replat of lots 30, 34-36, M.M. Smiths 3rd Subdivision, a 18 lot industrial park located in a RI-l, Restricted Industrial Zoning District, to the May 2, 1996 meeting based on staff recommendation so that additional information can be submitted for review of Improvement Plans by staff. No action required or taken at this time. 142 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting May 13 19 96 Meeting of May 2, 1996: at this time. For Information Only - No action required or taken First reading of Ordinance No. 3297. On motion of Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ordinance No. 3297, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3230, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY TO AUTHORIZE THE RECLASSIFICATION OF FOUR (4) "BUILDING INSPECTOR" POSITIONS TO FOUR (4) "CODE COMPLIANCE INSPECTOR" POSITIONS IN THE BUILDING/CODE ENFORCEMENT DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND TO AUTHORIZE THE RECLASSIFICATION AND REGRADE OF ONE (I) "CIVIL ENGINEER 1" POSITION TO ONE (1) "PROFESSIONAL ENGINEER" POSITION IN THE ENGINEERING AND PLANNING DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading. Appointments to the Nuisance Abatement Board. The City Clerk reported that the Commission needs to appoint five (5) members to the Nuisance Abatement Board, with initial terms staggered: three (3) members appointed for two (2) year initial terms; and two (2) members appointed for one (1) year initial terms. Commissioner Lyons moved to appoint Robert Kuhn to the Nuisance Abatement Board for a three (3) year initial term. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from the Police Chief to purchase investigative equipment from the Law Enforcement Trust Fund. On recommendation of the City Manager, Commissioner Thomas moved to authorize the purchase of camera equipment in amount not to exceed $17,000.00 plus $38.50 shipping, and a repeater in amount not to exceed $3,995.00 plus $38.50 shipping, from the Law Enforcement Trust Fund. seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Consent Agenda. A, Request for payment of City Attorney's Statement for professional services for the month of April, 1996 in amount of $9,967.50. City Manager recommended authorization to pay'. B. Approval of Vouchers for the Month of April, 1996. Co Tabulation of Bid $95/96-37, Metal Roof - Fleet Maintenance Building (Public Works Department). City Manager recommends acceptance of lowest bid for Alternate ~2, which met specifications, from Wrightway Builders in amount of $22,795.00. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: E405354 MINUTES City Commission, Sanford, Florida Regular Meeting 143 May 13 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye the Commission: ae Approved payment of City Attorney's Statement for professional services for the month of April, 1996 in amount of $9,967.50. B. Approved Vouchers for the Month of April, 1996. Accepted lowest bid for Alternate #2, which met specifications, from Wrightway Builders in amount of $22,795.00. Ce Information regarding an invoice paid during the ~eriod for a previously approved lump sum contract. The Commission acknowledged that the $26,100.00 invoice from Bruce McGonigal Inc. has been paid per City Commission approval on October 8, 1990, and November 25, 1991. Audience Participation. Dennis L. Flauding, 209 South Mellonville Avenue, appeared and inquired about being appointed to the Nuisance Abatement Board. Mr. Flauding reported that he submitted his application for board appointment to the City Clerk today. Commissioner Howell moved to appoint Dennis L. Flauding to the Nuisance Abatement Board for a two (2) year initial term. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye There being no further business, the meeting was adjourned. Attest: y Clerk/ U MAYOR 19 96