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.
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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.
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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.
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Attest:
~ City Clerk
M/A Y O R
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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
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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:
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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
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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.
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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
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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
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