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120897 ws/rm min.18.: E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. MEETING December 8, 1997 The City Commission of the City of Sanford, Florida met in Work Session on Monday, December 8, 1997, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Kerry D. Lyons Commissioner Velma H. Williams City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: City Attomey William L. Colben The Chairman called the meeting to order. Main Street request for financial assistance. Michael Skat of Sanford Main Street reported a cost overrun for the Fall Festival. Overall the Fall Festival was a success, but the $19,500 settlement they received was not sufficient to cover costs of repair of damages at Ft. Mellon Park and to sidewalks and curbs. The invoice from the City for the repairs is $7,009.00. Main Street is requesting the City help with the overrun of the budget. Mr. Skat agreed that a 50% reduction of the invoice for the repairs would be greatly appreciated, and then spread the payments out over the rest of the fiscal year instead of a lamp sum. This will be voted on at the regular meeting tonight. Downtown stormwater interceptor. Patti Porter of Conklin, Porter & Holmes - Engineers, Inc. reported that there is a sanitary sewer pipe undemeath the brick street on 2nd Street between Oak Avenue and Sanford Avenue. There is evidence of some leakage at the joints of this existing pipe. Conklin, Porter & Holmes proposes to install a stormwater interceptor, which is a large box culvert that varies in size, where the existing sanitary sewer pipe is. Also, they propose to install a new 24" sanitary sewer line. What needs to be decided is whether to reuse the existing brick when putting the road back, or using asphalt. There would be a 15% to 20% loss of brick in the repairs, but by putting in concrete sidewalks and landscaped islands the City can still have enough brick to reuse it for the street. The whole project would take about 270 days during which time 2nd Street would be closed. Estimated completion time would be about the end of next year. The Commission discussed the benefits of using the same brick and maintaining the historical concept of the area versus using asphalt which would be more economical. The Commission concurred with the City Manager's recommendation to replace the Sanitary Sewer pipe and preserve the brick. City Manager Simmons will prepare the RFP and bring it back to the Commission for authorization to advertise. FDOT land acquisition proposals. City Manager Simmons reported there are four parcels of land that FDOT would like to acquire. Parcel No. 100.1 includes portions of State Street and Southgate Road, which have water and sanitary lines that will need to be replaced. City Manager Simmons recommended approval to deed to FDOT the necessary parts of those two rights-of-way at no cost, provided that FDOT pays the utility relocation costs. City Manager Simmons reported Parcel No. 204 involves acquisition of two small unnamed street rights-of- way. The Commission concurred with the City Manager' s reco~(Imion ~ convey th~se t~arcels ,4by deed to FDOT, as E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. MEETING December 19 8 19 97 I ' requested, at no charge. City Manager Simmons reported Parcel No. 0272 is the old fire station site which the City acquired approximately ten years ago, following an appraisal, for $99,000.00. FDOT is offering $26,000.00 to $28,000.00 for this property. A significant portion of this property is wetlands. Considering the price the City paid for this property, and the purchase prices of land north and south of this property, City Manager Simmons recommended rejecting this offer and telling FDOT what we have and that we want another offer. The Commission concurred. City Manager Simmons reported Parcel No. 353 involves the northwest section of the Oregon Avenue well field. The concern is the proposed boundary line is approximately 22 feet from one of the City's wells at Oregon Avenue. The City has a 100 foot well head set-back. The City does not have to own the land but should have some type of control over it. Paul Moore, Utility Director, has reviewed FDOT's plans and reports it appears that any problematical use will be further than 100 feet away. City Manager Simmons recommended asking FDOT to give the City a conservation easement over enough of the land that the City conveys to them, that the City can control what happens within 100 feet, and the Commission concurred. Goldleaf Industries. Charles Rowe, Community Development Director, reported that Goldleaf Industries has been purchased by a company headquartered in Atlanta and is no longer interested in locating in Sanford. The Leather Specialty Company's request for Economic Development Assistance. Charles Rowe, Community Development Director, reported The Leather Specialty Company purchased Howe Industries at 2690 Airport Boulevard in 1973. 85% of Howell Industries business is producing product for a concern in the Dominican Republic. The concem is now requiring The Leather Specialty Company to locate that 85% of their business to the Dominican Republic, which is going to remove 85% of the business from Sanford. Either the 15% of the business that would remain could move to Cincinnati, Ohio, where they first started, or the business in Cincinnati could be moved to Sanford. They currently provide 132 jobs in Florida, but will only provide 104 jobs after moving 85% of their business, including what would be brought in from Ohio. They would require additional space which they would like to lease, but in the long term would like to build an additional 30,000 square feet contiguous to the existing site on Airport Boulevard. The City would experience a net loss of jobs with a potential increase in square footage and, conversely, an increase in the ad valorem tax base. The Leather Specialty Company estimates the new construction site to be about $885,000.00. If you add that to their Capital Investment it is about a $1.7 million tip to the ad valorera tax base. The City needs to decide if they want to incentivize a project in which it would lose jobs and gain the potential increase in ad valorem tax base with a potential of 30,000 square feet of space. The City could invite The Leather Specialty Company to Sanford and offer to work with them and maybe offer some waivers of building permit fees, etc. if and when they build their 30,000 square feet addition. City Manager Simmons recommended not offering any incentives but possibly waiving some building permit fees if and when the opportunity arises. The Commission concurred. Christmas Holiday Adjustment. City Manager Simmons reported, according to the City's Personnel Rules, Christmas Eve and Christmas Day have been holidays for City employees. This year, since Christmas falls on Thursday, the Commission is requested to consider Thursday and Friday as the holidays instead of Wednesday and Thursday. The feedback from Staff has been 20 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. MEETING December 8 1997 positive to change it for this year only. The Commission concurred. Lake Mary tri-party aSreement. Mayor Dale reported that the City of Lake Mary has been working the last several weeks on a tri-party agreement between the City of Lake Mary, the Hills of Lake Mary and the developer, which they would like to make a four-party agreement by getting the signature of the City of Sanford. Basically this agreement enumerates the specifications and concessions negotiated in the past, with additional stipulations of a traffic light at the entrance to the complex and the developer paying the Hills of Lake Mary Homeowners' Association $25,000 for beautification of their entrance. The City of Lake Mary would contribute $4,000.00 to the developer towards the traffic study. Representatives from Lake Mary, the Hills of Lake Mary and the Developer will appear at the Regular Meeting tonight to encourage the Commission to authorize signature of this agreement. City Manager Simmons reported by signing this agreement, according to City Attorney Bill Colbert, Sanford would become a Joinder, and would not be committing to anything. Mr. Colbert feels the City should not sign any agreement it does not have to sign, however he has no objection to the agreement being signed by the City, and sees nothing wrong with the agreement. The purpose of the agreement is that the City of Lake Mary and the Hills of Lake Mary will agree not to file an appeal if all parties sign the agreement. The Commission discussed the terms of the agreement and voiced concerns about why Sanford needed to sign such an agreement, and why Lake Mary is trying to enter into a developer's agreement for land in Sanford. Also, the Commission did not feel comfortable signing an agreement with monetary conditions not related to Sanford.. Commissioner Willjams agreed with it, but she will not adopt the philosophy that the City Officials of Lake Mary will determine or dictate the quality of life or what we are doing in the City of Sanford. Board appointments. City Clerk Jan Dougherty reported that the County has not yet informed the City of a recommendation for appointment to the Sanford Community Redevelopmerit Agency. DCA Grant match. Charles Rowe, Community Development Director, reported that in October the City of Sanford accepted a grant, which they have accepted for several years, for the Weatherization Program and a Low Income Emergency Home Repair Program. The total for both programs this year amounts to about $76,000.00. This is the first year the DCA, the administering agency, has required that the City match the amount of the grant. They also stipulated that the match could not be taken out of the General Fund or other grants, but be provided from the community with either cash or in-kind materials. In late October the Commission passed Resolution 1764 which allowed Sanford to participate in the Community Contribution Tax Credit Program, and made the City a sponsor. This means that the City can solicit funds and if a business would donate money they would get a 50% tax credit on their Florida Corporate Tax. At the State level that program was funded at the $2 million level, but there is new legislation now to increase it to $10 million. There has been minimal interest in the program among area businesses. If the City cannot come up with the match the program may be discontinued. The DCA monitors the program quarterly and the end of the quarter is very near, and the City does not have the match money. The original agreement says DCA may discontinue the program ifther~ m;e no matching funds, but they do not have to. g718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. MEETING Decembe~ 21 8 1997 City of Sanford Police Services at Orlando Sanford Airport. City Manager Simmons reported the Orlando Sanford Airport requests that the City of Sanford execute an amendment to the City of Sanford/Sanford Airport Authority Agreement Regarding Police Service. The amendment would drop the number of sworn officers the Airport contracts with the City from four to two, and provides that the Airport Authority is responsible for providing additional police services for periods of vacation and sick leave. City Manager Simmons recommended the Commission approve the execution of the amendment. This will be voted on at the Regular Meeting. Traffic light on Seminole Commnnity College access road. The City Manager reported receipt of a letter from Ann McGee, requesting that the City of Sanford, Seminole County and Seminole Community College split three ways the estimated cost of $66,000.00 to provide for a signal at the new college access road, a private road. There are no plans on the part of the college for this road to become a City street. The Commission discussed the request and concurred that City Manager Simmons draft a letter for the Mayor's signature denying the request. Speed hump removal at 2907 South Park Avenue. City Manager Simmons reported the Public Works Department conducted a letter survey asking residents within 300 feet of 2907 South Park Avenue whether they are for or against the removal of the speed hump located there. Of the twenty one letters sent out there were thirteen responses: eight against the removal of the speed hump and four in favor of the removal. One resident is neither for nor against the removal of the speed hump. City Manager Simmons concluded that the speed hump will remain in place. Public meeting at Metroplan Orlando. City Manager Simmons reported he will be attending a meeting a Metroplan O~ando offices to discuss the Florida Department of Transportation tentative five year work plan. The issue to be discussed is to seek programing for PD&E money for the new 1-4 bridge over the St. Johns River. Request from St. James Bouse of Prayer for reimbursement of cost of a water line. The City Manager reported St James House of Prayer on Cameron Avenue is incurring the cost of installing a new water line to run to new construction on their property. They are asking for some type of arrangement where they don't have to pay the entire cost without any type of possible reimbursement for a line running from CR 46 to their property. They would like the City to act as a Capital Recovery Agent should people hook on to that line within a certain number of years. Several years ago the City Commission decided not to act as a Capital Recovery Agent because of administrative problems. If the City decides to do this it would set a precedent. If representatives from St. James House of Prayer appear at the Commission meeting tonight with a request, City Manager Simmons recommended that the request be referred to Staff with any direction the Commission wishes to give. It would require an Ordinance to create a program of this kind. Appeal from Mr. Sullivan of denial of impact fee waiver. City Manager Simmons reported Mr. Sullivan may appear at the Commission meeting tonight. The Commission considered a waiver of impact fees for Mr. Sullivan on November 24, 1997 and denied the request with no further action required. Mr. Sullivan is interested in appealing that decision to the Commission. City Manager Simmons 22 E718~72 MINUTES City Commission, Sanford, Florida 3:30 P.M.MEETING Decembe 8 19 97 reported he tried to explain to Mr. Sullivan the reasoning of the Commission for the denial, but it didn't have any impact on him. Request to lease Jayeee building for three years. City Manager Simmons reported receipt of a letter from the Brethren Reaching Out requesting to lease the Jaycee Building in Jaycee Park for three years. The building would require quite a bit of repair. City Manager Simmons recommended the City not lease the building at this time, looking at the possibility of offering up the site for the new Post Office. The Commission agreed that City Manager Simmons draft a letter deferring on the lease at this time. Time Warher rate change. City Manager Simmons reported Time Wamer is changing their programming and raising their rates. FCC rules require that Time Wamer tell their customers to contact the franchising agency if they are not happy with what Time Wamer is doing. The City of Sanford is the franchising agency. The City's franchise with Time Warner is about to expire. Renovation and Restoration of Historic Sanford Memorial Stadium. City Manager Simmons reported he has provided to each Commissioner an outlined scope of services for the renovation of the Memorial Stadium, in order to seek the Commissions agreement to advertise for an architect/ engineering firm under an RFP concept. This does not require that the City award an RFP. Approximately $85,000 was previously identified for purposes of the stadium renovation, and in meeting with the Orlando Sports Authority Sports Commission it appears there is considerable potential for obtaining outside dollars, particularly working with that type of an agency. One of the keys to obtaining these dollars is to have a well thought out plan of what we are going to do, knowing what it's going to cost and knowing what it's going to look like (or may look like in terms of renderings). We need a consultant to obtain these things. If we run these RFP's the Sports Commission may, with their connections with funding and architectural/engineering fu-ms, be a responder to the RFP. City Manager Simmons recommended advertising at this time. The Commission concurred.. Billboard advertising for Seminole High School. City Manager Simmons reported he has received a call from a billboard company which has a billboard available at 1-4 and 436 in Altamonte, which has been required to be dedicated to public use. The only cost to the City would be approximately $1,000.00 to design, prepare and install copy on the 10'by 40' billboard. i i ,:: The Commission discussed the advantages of showcasing Sanford and the opportunity to take advantage of this offer, and concurred that the City Manager should have copy prepared to bring back to the Commission for final approval two weeks from now. The Commission took a five minute break. City Code Review. City Manager Simmons reported the Department Heads have also received a copy of the first two chapters of the Code to review and make recommendations. The Municipal Code Corporation (MCC) recommends that the City include a definition of the Charter, as they refer to it. MCC has made two or three definition recommendations that City Manager Simmons concurs with. MCC also recommends adding certain sections, which the Commission felt should be discussed with the City Attorney. The Commission concurred to flag the following MCC recommendations for review by the City Attorney, or change/incorporation in the Code. ETI86'T2 City MINUTES Commission, Sanford, Florida 3:30 P.M. MEETING December 23 8 1997 1) 2) 3) 4) 5) 6) 7) Sec. 1-2. DEFINITIONS AND RULES OF CONSTRUCTION Computation of time. - need clear explanation from City Attorney. Officials. boards. commissions. - add "delegated" to the list of officials, boards and commissions. Or, and. - needs to be addressed. Tenant. - possibly omit the word "oral" when referring to lease. Sec. 1-8. GENERAL PENALTY (a) fine not to exceed $500.00 or imprisonment not to exceed 60 days - are these numbers current and enforceable? Sec. 2-2. Same -- Time and place of meetings. - needs to be added to Charter (keep the time and place of meetings in the code and insert how notification of special meetings is handled). City Clerk and City Attorney to draft Code language. Sec. 2-1. City commission -- Organization meeting. - Need to change day of organizational meeting. City Clerk to draft Code language to change the meeting to the first regularly scheduled meeting after the election. Sec. 2-2.1. Compensation of city commission and mayor; expense money. Director of Human Resources to obtain salary data from other cities of comparable size. Sec. 2-3.1. Administrative duties of city manager in operation of fire and police departments. - Duplicated in Sec. 2.7 under (Public safety administrator; office created; duties). City Manager to combine. Sec. 2-4. Official bonds. - Blanket bonds may be the best way to go. There being no further business, the meeting was adjourned. t~'~ Attest: 2'4¸ E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING Decembe~ 8 ~9 97 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, December 8, 1997, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attomey William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Citizens' Advisory Board Meeting. Mayor Dale reported the Citizens' Advisory Board will meet on Wednesday, December 10, 1997 at 7:00 p.m. in the City Manager's Conference Room. City of Lake Mary four party agreement - request for signature. Commissioner Thom Greene of the City of Lake Mary and Cecil Thompson, President of the Hills of Lake Mary Homeowners' Association requested the Commission review and sign a four-party developer's agreement regarding the Twin Lakes property. Commissioner Greene stated that both he and Mr. Thompson have been authorized to negotiate and act for their respective entities regarding this agreement. The agreement would be between The City of Lake Mary, the Hills of Lake Mary, the Developer and the City of Sanford. Commissioner Greene and the rest reported that he has been authorized to file an appeal with the DCA tomorrow, Tuesday, December 9, 1997 (which is their appellate deadline) if the agreement is not signed by the City of Sanford tonight. Commissioner Lessard reported that the agreement as it is being presented is basically the developer' s agreement the City of Sanford was looking for with the addition of the Hills of Lake Mary improvements. Commissioner Greene reported that also added to the agreement was potential that the City of Lake Mary may contribute money towards a traffic survey, but they are hoping Seminole County will do that: Jim Hattaway, attorney for the Developer, reported that the City of Lake Mary has also requested street lights be installed along Paola Road and that the Developer make assurances that, should the Developer acquire any property adjacent to the Twin Lakes property, the agreement will carry over to that property also. The Developer has agreed to both of these requests. Commissioner Eckstein expressed concem that the Commission is being forced to sign with the threat of an appeal, and the agreement is not really the basis of what the appeal to DCA will be. Commissioner Williams asked why the City of Sanford should have to sign an agreement that is between the City of Lake Mary, the Hills of Lake Mary and the Developer. What is Lake Mary's purpose in asking Sanford to sign the agreement7 Commissioner Greene reported that the property is located in the City of Sanford and unless Sanford signs the agreement it is not enforceable to the extent of whatever the City of Sanford has to do as far as participating in the development of this apartment complex. The City of Sanford has jurisdiction over the property. Mayor Dale reported that the City of Sanford tabled the original Public Hearing in August so that all parties could get together and work out some agreement. This agreement is the product of those meetings. Commissioner Eckstein asked why the City of Sanford was not included in forming this agreement. Commissioner Greene reported that the Hills of Lake Mary came to the City of Lake Mary and wanted to appeal, and the City of Lake Mary tried to work with the Hills of Lake Mary and the Developer to avoid an appeal. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 25 8 ~.9 97 Mayor Dale asked if the City of Sanford could agree to everything except the $25,000.00 contribution to the City of Lake Mary. Commissioner Greene reported they are not asking the City of Sanford to enforce that provision. He further reported that this agreement was to flow with the land so that if the developer sold the land to anyone else the agreement would still be enforceable for the land. City Attorney Colbert reported he does not have any objection to the legal content of the agreement. Whether the City agrees to execute the agreement is a policy of the City, but it does not appear to pose any additional requirements on the City that the City hasn't already given some consideration to. City Attorney Colbert asked Commissioner Greene if Section 8 on page 4 of the agreement, which states that it could only be modified by agreement of all parties involved excludes the agreement of City of Lake Mary and the Hills of Lake Mary from any additional Developers' Agreement between the City of Sanford and the Developer. Commissioner Greene reported that they would not expect to be involved in any further Developers' Agreement that does not affect Lake Mary, and the Hills of Lake Mary and the Developer has the same interpretation. Mr. Thompson agreed. Mr. Hattaway agreed and referenced Section 12 on page 5. Commissioner Lyons expressed concern that this agreement is after the fact. The Commission voted on a Comprehensive Plan Amendment, not a site plan or developer's agreement, and he feels this agreement is untimely at best. The City of Lake Mary should have enough trust in the City of Sanford to believe they would incorporate everything in this agreement into their own Developer' s Agreement when a site plan is being negotiated. Commissioner Lessard moved to approve the agreement with the stipulation that the City of Sanford would not be a party to enforcing Section 5.H., or making any sort of collection of the $25,000.00. Mayor Dale passed the gavel to Commissioner Eckstein and seconded the motion, and asked that the motion be reworded to say regarding Section 5 .H. that the City would not stipulate to Section 5.H., and would not be a party to it. Commissioner Lessard agreed to the change the wording. The motion failed to carry upon vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Williams Nay Commissioner Lessard Aye Commissioner Lyons Nay Commissioner Eckstein passed the gavel back to Mayor Dale. Mayor Dale requested of the Commission if there was anything else that they would rather do than have an appeal filed that will cost The City of Sanford taxpayers' dollars, because they would have to defend an appeal with taxpayers' dollars. Commissioner Willjams reported she would like Section 5.H. deleted completely, and also the part about the permit so it would not reflect or infer that the City of Sanford giving the permit to the developer would be predicated on whether they have paid the Hills of Lake Mary $4,000.00. City Manager Simmons reported that when it was stipulated that the City of Sanford would not participate in Section 5.H., that included both sub-paragraph one and sup-paragraph two under the main paragraph H, which includes those items Commissioner Williams is concerned about. Mayor Dale reported Commissioner Williams, having been on the prevailing side of the vote, could make a motion to reconsider the motion. City Attomey Colbert reported if someone wanted to reconsider the motion, a motion 26. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 8 1997 could be made by someone from the prevailing side to reconsider. If that motion is made, seconded and passed the Commission would be back to the point where the Commission could reconsider the agreement tonight. A following motion could then be made by any member of the Commission to approve or modify or whatever the Commission deemed appropriate. Commissioner Williams reported she feels pressured into making a decision without having' been given ample time to review the document, not knowing if that was a strategy, and then being told if the Commission does not sign the agreement tonight, it is a threat. She further reported inherent in the way this was done is the idea that the City of Lake Mary officials can dictate to the officials of Sanford their quality of life, and those things which they can and cannot do. Commissioner Greene reported there is no strategy involved in this at all. The City of Sanford Commission considered this in November, and the City of Lake Mary is trying to avoid the necessity of the City of Lake Mary expending legal fees by hiring legal counsel. counsel. Also, to avoid the City of Sanford having to expend legal fees by hiring legal Jim Hattaway reported perhaps all parties could agree that the Developer would not seek any of the monies mentioned in the agreement be paid by the City of Sanford, or Sanford would not enforce the payment of those monies, by way of addendure. City Attomey Colbert reported that if the City of Lake Mary would appeal, there would be a Chapter 120 appeal first, then there may be an appeal to the Circuit Court. A Chapter 120 appeal would take approximately 120 days or more: If there were a Circuit Court appeal it could go from 6 months to 12 months. The cost would be by the hour, and could cost from $10,000.00 to $25,000.00. When you get involved in litigation a lot of it is reaction to what somebody else is doing. He further reported that when govemments liftgate against each other, the citizens tire of the litigation quicker than the elected officials do. Mayor Dale passed the gavel to Commissioner Eckstein and moved to approve the agreement with the understanding that the City of Sanford does not stipulate to Section 5.H. and paragraph 6 (the part where the City of Lake Mary agrees to contribute $4,000.00 for a traffic study). by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Williams Nay Commissioner Lessard Aye Commissioner Lyons Nay Commissioner Lessard seconded the motion and it failed to carry Commissioner Eckstein passed the gavel back to Mayor Dale. Commissioner Greene reported he is willing, if the City of Sanford is willing to designate an individual, to continue negotiations on this agreement tomorrow and resolve this before the appeal deadline has expired. Commissioner Eckstein moved to delegate to Mayor Dale the authority to negotiate and sign a modified agreement keeping in mind that we would like the best interest of Sanford to be of the utmost consideration and that the City have at least what is specified in the current agreement minus Section 5.H. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: E718672 'MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING 27 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale reported negotiations will begin at 7:00 tomorrow morning at Appleton's, and then reconvene somewhere else if necessary. City Manager Simmons will also attend the meeting. (Minutes are attached hereto as Exhibits "A", "B" and "C".) Citizen's participation. A. Harold Christensen, 1718 Magnolia, Sanford, reported there is an open piece of property between his property and the property next door to him that is shown as an alley on the City of Sanford map, and as an easement on the Seminole County map. Under the Real Estate law you have to acknowledge knowing conditions of a piece of property, so he could not sell his property without telling people about the easement. A surveyor has shown a vacant alley, but neither the City of Sanford nor Seminole County has any record that the alley was ever vacated. Mr. Christensen requests the City obtain from the surveyor the legal definition, proof or evidence that the alley should be taken off of the map, showing it is no longer an alley. Mayor Dale reported that the City is working on this and is waiting for a response from the title insurance company. B. Lemuel DeBose, 1108 Cypress Avenue, Sanford, reported the City has an Ordinance controlling commercial lighting. He wanted to know why them is a law stating that commercial lighting cannot affect other people's propeg, but residential lighting can. City Attorney Colbert reported the City Code has a lighting section, and the lighting section is morn stringent with commercial areas than it is in residential areas. The Commission concurred with Commissioner Eckstein that the Commission should adopt an Ordinance to regulate private lighting in residential areas, and that is not prohibitive to the point where people's homes are not protected. Further, that Staff bring the recommendation back to the Commission to prepare an appropriate Ordinance as soon as possible. C. A representative from St. James House of Prayer reported it is costing them $60,000.00 for a water line but they don't feel they should have to incur the whole cost and then have other people come along and tap into their line at no cost. They have been approved for a 6" line, and if several other people tap into it they will loose water pressure. They are asking the City to act as an agent for them to get some of their money back from other people who hook into their line. Commissioner Lyons reported that eventually the City might want to extend water service in this area anyway, so something should be able to be worked out with them. City Manager Simmons reported the City has never had a recapture agreement. Commissioner Williams concurred that the City consider assisting St. James House of Prayer in some way, with them having some responsibility for payment. Mayor Dale cautioned that by assisting them the City is setting a precedent. City Attorney Colbert reported them are three legal directions that cities normally take: 1) if it's not there December 8 19 97 28 E'~18~72 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 8 19-- 97 and you want it you pay for it, 2) some cities have Ordinances stating if you are the first in an area and others tap in there is a formula to be used for capital reimbursement, 3) if you want a particular size or a particular service you are charged the minimum, but if the City wants more than that for other reasons the City pays the difference. If St. James House of Prayer puts out the money and someone else ties in, they can be reimbursed by Ordinance. If the Commission would do that, they Mr. Colbert suggested that any action taken be effective City wide and not on a case would have to do it all over the City. by case basis. Mayor Dale reported this item needs to be referred to Staff and then placed on an Agenda; The complexity of the issue is not something that can be decided during Citizen Participation. The Commission concurred to have City Manager Simmons get staff input and put this on the next Work Session agenda. D. Norval Angle, 914 Park Avenue reported he has lived at the same address for 21 years, and he does not understand why he has been requested to move his car when he parked it in the right-of-way next to the sidewalk, why he was asked to move his boat when he parked it in front of his house late one night to take out early the next morning, and why he was asked to move his car when he parked it on the wrong side of the street in front of his house for about an hour. He presented pictures of trucks and cars illegally parked all over town and asked if the laws pertained just to him. He reported there is a Ford 4-wheel drive truck parked just down the street from the Police Department on the right-of-way all the time. Mayor Dale reported most of the requests to move vehicles are complaint driven, and the laws are for everyone equally. He further requested ChiefDillard investigate the alleged truck parked close to the Police Department. Mayor Dale suggested Mr. Angle call him whenever he wants to report an illegally parked vehicle. E. Ms. Roane, 2907 South Park Avenue, reported that the City has a mountain on her street for a speed bump, and she was never included in the survey when it was put it in. She would like the speed bump removed because the water backs up and floods her yard. Commissioner Lyons will follow-up with Ms. Roane on this problem. F. Nell Snow, Kaywood, reported she has heard the complaints about the airport noise, and she would like to remind everyone that yesterday, December 7, was the anniversary of Pearl Harbor. She suggested that when people start complaining about the airport noise they be told to "get down on their knees and thank God or Allah, or whomever they believe in, that these are American planes and not Kamikaze planes". G. Dick Bamett, 2070 Grandview Avenue reported he was concemed about the County's proposed adoption of M-2 zoning in an area just west of Sanford, and about the Planning and Zoning Commission leaving the M-2 zoning on the east side of Sanford. He would like assurance that the City is preserving the image of Sanford the best it can, and is doing what it can to encourage the County not to zone east and west of Sanford for Adult Entertainment. Mayor Dale assured Mr. Bamett the Commission has gone on record as being opposed to this zoning. He reported information from the County as to what will probably happen is the site on the east side will be removed, the one on Narcissus will be removed, which will leave the one behind Wayne Densch. Wayne Densch has the site behind him under contract and will expand, which will pre-empt it from Adult Entertainment status. That only leaves the CSX site south of CR 46 on the railroad track. The Supreme Court has ruled there must be sites. There is an Ordinance in Sanford that has set aside certain land that allows these things. If you don't have an Ordinance it is unconstitutional and Adult Entertainment establishments can be put up anywhere. Sanford is following the Law of the Land. MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December H. A citizen in the audience asked what the difference is between the Law of the Land and a Supreme Court Ruling. City Attorney Colbert reported there are three kinds of regulations that we as Americans have to abide by: 1 ) the Constitution and Ordinances of the U.S. and the various states, 2) Executive Orders which Presidents, Governors and other executives have the authority to issue (such as in part of the Viet Nam era), and 3) Court Decisions such as the Supreme Court of Florida and the Supreme Court of the United States. These Courts can issue opinions which interpret and give enforcement power. There are some Supreme Court of the United States decisions that say that if you do not provide reasonable accommodation for Adult Entertainment, if you do not provide space for it or you over-restrict it, what you have done is acted unconstitutionally. If an entity is found to have acted unconstitutionally then the Ordinances they have passed are unenforceable, which means the Adult Entertainment can locate anywhere in the community. This is not something that Sanford wants to do. Several years ago the City Commission instructed the City Attorney to prepare an Ordinance regulating and restricting Adult Entertainment in the City of Sanford, and it is one of the strongest Ordinances in Central Florida. What the County is now considering is an Ordinance which would not be dramatically different from the City of Sanford's, and cities will have the opportunity to be regulated by the County Ordinance. If all of that comes into place, we will get to the point where not every city will have a space for Adult Entertainment, it will be segregated even more than it could be now under the regulations that exist. Mayor Dale again assured the citizens that the Commission is doing all it legally can to control the Adult Entertainment establishments in Sanford. Commission Meeting minutes. Commissioner Lessard moved to approve the minutes of the Commission' s November 10, 1997 Regular Meeting, November 24, 1997 Work Session and November 24, 1997 Regular Meeting. Seconded by Commissioner Lyons. Commissioner Willjams requested some additions be made to the November 24, Work Session. She requested fl~tree points she made be added under "Use of LETF funds". Her concern was not that she thought anything had been done illegally, just to request that a minimum of 15% of those funds be utilized for preventive programs based on concerns expressed by citizens. Also, she did agree to consult with ChiefDillard and Dr. Blake, however she did stress that there are some priorities that we have in the community that pertain to providing preventive programs. Regarding the pay phones on 13th Street, she would like to have reflected in the minutes that she requested assistance from the Commission pertaining to the 18 to 23 pay phones along 13th Street as a result of many of the citizens asking questions about it. Another point that she would like to have reflected in this area is that she stressed that she is not objecting to pay phones being located on 13th Street, but rather there were many questions about having anywhere between 18 and 22 or 23 telephones within an area of abont 10 blocks. Under Street Lights on 13th Street she would like to have recorded that in addition to her initial request for increased lighting along 13th Street that she also asked that the increased lighting extend along Southwest Road to 16th Street. There are some others but those are the three areas that she would like to make sure that those things were reflected. Commissioner Willjams and City Clerk Jan Dougherty will listen to the meeting tape and revise the minutes and bring back to the Commission for approval. 8 1997 3O MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING 'December 8 19 97 Commissioner Lessard amended his motion to remove the November 24, 1997 Work Session minutes from approval. Commissioner Lyons amended his second and the amended motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3376. re: amending the Classification and Pay Plan regarding transfer of Mechanic I and Mechanic H positions between the Solid Waste Division and the Water/Sewer Division. Ad published November 28, 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3376. No one appeared. Commissioner Lyons moved to adopt Ordinance No. 3376, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS, TO PROVIDE FOR THE TRANSFER OF ONE (1) "MECHANIC II" POSITION IN THE SOLID WASTE DIVISION OF PUBLIC WORKS TO THE WATER/SEWER DIVISION OF THE UTILITIES DEPARTMENT AND; TO CONCURRENTLY TRANSFER ONE (1) "MECHANIC I' POSITION IN THE WATER/SEWER DIVISION OF THE UTILITIES DEPARTMENT TO THE SOLID WASTE DIVISION OF PUBLIC WORKS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3377. re: amending the Classification and Pay Plan r~arding eliminating one Code Compliance Inspector position and creating a Deputy Building Official position and creating "flexible" Code Compliance Inspector I/H/IH positions in the Community Development Department. Ad published November 28, 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to Ordinance No. 3377. No one appeared. [Mayor Dale passed the gavel to Commissioner Eckstein.] Commissioner Williams moved to adopt Ordinance No. 3377, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS TO PROVIDE FOR PERSONNEL-RELATED REVISIONS TO BE INCORPORATED INTO THE "CLASSIFICATION AND PAY PLAN" TO PROVIDE FOR THE MOVEMENT OF ONE (1) "BUILDING INSPECTOR" POSITION FROM CD DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO THE BUILDING/CODE ENFORCEMENT DIVISION OF THAT DEPARTMENT; THE ABOLISHMENT OF ONE (1) "CODE COMPLIANCE INSPECTOR Ill" POSITION CONCURRENT WITH THE ESTABLISHMENT OF ONE (1) "DEPUTY BUILDING OFFICIAL" POSITION AT GRADE LEVEL 18; THE DOWNGRADING OF THE POSITION(S) OF "CODE COMPLIANCE INSPECTOR III" FROM GRADE LEVEL 17 TO GRADE LEVEL 16; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 8 19 97 Public Hearing to consider first reading of Ordinance No. 3378. re: amending Ordinance No. 3117 to rezone a portion of that certain property lying between Country Club Road and West 251h Street and between Old Lake Mary Road and Hardy Avenue, from RC-1 (Restricted Commercial) to GC-2 (General Commercial). Ad published November 5 and 14, 1997. [Mayor Dale left the meeting.] Commissioner Eckstein reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3378. No one appeared. Commissioner Williams moved on first reading of Ordinance No. 3378, entitled: AN ORDNANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3 117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAD AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND WEST 25TH STREET AND BETWEEN OLD LAKE MARY ROAD AND HARDY AVENUE, FROM RC-1 (RESTRICTED COMMERCIAL) TO GC-2 (GENERAL COMMERCIAL) PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye [Mayor Dale returned to the meeting and Commissioner Eckstein passed the gavel back to Mayor Dale.] Public Hearing to consider closing vacating and abandoning Commercial Street lying between Holly Avenue and Cedar Avenue and between Fulton Street and W. First Street. Ad published November 23, 1997, property posted November 24, 1997 and owners notified November 21, 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3379, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF COMMERCIAL STREET LYING BETWEEN HOLLY AVENUE AND CEDAR AVENUE AND BETWEEN FULTON STREET AND W. FIRST STREET IN THE CITY OF SANFORD, FLORIDA, RESERVING AN EXCLUSIVE CITY OF SANFORD PUBLIC SERVICES EASEMENT; PROVIDING FOR SEVERABILITY, CNFLICTS AND EFFECTIVE DATE. Anne Wallace, 106 Country Place, reported she represents a family partnership between herself, her mother Olive Adams and her sister Ada O'Neill. She reported she understood the Commission had received a letter from CSX stating they are asking the Commission to deny this request because they feel that their access would be impaired. She reported she has studied the map and does not believe that the CSX access would be adversely affected. The property owner to the south of them, Mr. Howard Sklar, has called her and explained that he objects to this request because he does not want the responsibility of owning that half of right-of-way that he would get from the City if it was vacated, and he does not want the responsibility of keeping it up or paying the taxes on it. Ms. Wallace reported she offered to perhaps buy Mr. Sklar's half interest if he didn't want it and he said he would like to look at the property, so she faxed him a map. He called her again and said he feels Wallace' s handicap parking ramp extends onto his half right-of-way, if he gets it, by 1 foot 4 inches. She reported she would have to have a surveyor verify that information. However, if that is true they want to have good neighbors and friendly associations, and if the City closes this road right-of-way they will make every effort to, in a friendly manner, solve this problem with Mr. Sklar either by buying his half of the right-of-way or buying some part of it, or if all that fails redesign their parking spot. 32 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 8 19-- Howard Sklar, owner of the property south of Anne Wallace, reported he is opposed to accepting the vacated property for the following reasons: the City has an Ordinance if a land owner doesn't improve his property, they don't have to keep it clean, they don't have to keep it up, they don't have to keep it presentable, anyone and everyone in the City is allowed to dump and use their property any way they want. For the past five years this has been happening on Mr. Frederick's property and CSX railroad. When he complained in 1993, the City paid for everything to be cleaned up on Mr. Frederick' s property and CSX's property; but, unfortunately, the City' s property was never cleaned up. The property in question is a street that the City owns that was always used by CSX as a spur on their railroad. When he purchased his property he had a very due diligence period of time when they found that CSX had abandoned creosote railroad ties and everything on the property, and they had to go to DEP to remove them. His concern is the conditions that exist on this street that the City owns, it has never been kept up, or cleaned and has a tremendous amount of overgrowth. He does not want to accept a piece of property that might have conditions that would cost him or anyone else a tremendous amount of money to clean up. Mr. Sklar reported the City did grant Ms. Wallace a variance a few years ago, to which he didn't object, to build a handicap ramp for a tenant she had. His contention is that it does go over the 50% mark. Ms. Wallace has kept her area clean and above-board. When he built the perimeter wall on his property, he came into other problems with artesian wells and such in the area and had to go to the St. John's Water Management District to remove these, it was quite costly and quite time consuming. He has to agree with CSX railroad, not that it would inhibit ingress and egress, but he does not want to accept the responsibility if it is just going to be given to him and placed on him as a financial burden. If the City does want to conduct a study, or Ms. Wallace wants to conduct a study, of everything on the property, and they do get a clean bill of health, then he has no objection. Ms. Wallace's property extends I25 ft. into the 263 foot abandonment. His property extends the full amount and he thinks it will be a burden on him and his corporation and he does not want that. Commissioner Eckstein asked why Mr. Sklarjust didn't sell the property for, say, $1.00. Mr. Sklar reported that Commissioner Eckstein had just placed a monetary value on something which when he wanted to buy CSX's property they wanted $60,000, so Commissioner Eckstein shouldn't have done that, and he feels Commissioner Eckstein should recuse himself from this Commission Meeting since he knows the Wallaces and is biased. Commissioner Eckstein reported he knows about everybody in the room, and yes he is biased in the sense that she has a problem. Mr. Sldar reported she caused the problem; the City granted her relief at one time. Mr. Sklar reported Ms. Wallace built on her full property, she did not have to put her handicap ramp where she put it, she did it for her benefit at the time. Mayor Dale reported he has known Commissioner Eckstein a long time and he is biased toward what is best for the City of Sanford, and the fact that all of the Commissioners and Staff know the Wallaces as long time citizens of Sanford is not a reason to recuse oneself. Mr. Sklar reported the lady was very truthful and honest, and he has nothing against the Wallaces, but by giving her the vacating of this property the Commission is going to include him in a problem in which he does not want to be included. What is going to happen is he is going to be in the chain of title. Mayor Dale reported that Mr. Sklar can not be in the chain of title if he chooses not to. He could choose to relinquish his right to that half of that vacated right-of-way and let Ms. Wallace and whoever owns it take title to all of it, and he would never be in E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. MEETING December 33 8 1997 the chain of title. Mr. Sklar reported at this time he would have to seek legal counsel for his own benefit. He stated that he, along with CSX railroad, opposes it. Mayor Dale asked the City Attorney if a yacating had ever been done this way. City Attorney Colbert reported that the City has never done it that way, that doesn't mean it couldn't be explored. The law provides, under the Florida Statutes under Abandonment, that if the property was originally one plat, it would go half to each adjacent property owner by operation of law. This Ordinance takes two readings and if directed the City Attomey can look and see if they can structure it so it would go some way other than the way the law normally provides. One way that it could be done is that Mr. Sklar could Quit Claim the property but he would still be in the chain of title, but only briefly. Mr. Sklar reported that he also had a problem about a year ago. His property has a perimeter wall around it, and the parking for that property for forty years was on 1 st Street. About a year and a half ago he received notice that he could no longer use 1 st Street for his parking according to the FDOT. Mr. Simmons told him at that time that he should make an application for a road right-of-way access agreement. Mr. Sklar came to the City and they granted it, but at any time they could rescind that right-of-way and he would have no parking whatsoever for 56,000 square feet of usable property. He would like to own half of this street, and half of Cedar, but CSX does not want to relinquish any of that. Mr. Sklar reported he opposes this request for three reasons: 1) If the Commission would grant the vacating of this street, the Wallaces will be encroaching on his property, 2) if the street is vacated that the City grant him a variance to fence off his half of the property and allow parking on his property without any restrictions whatsoever, and 3) he requested assurance that when the property is given to him and Ms. Wallace it is a clean piece of property and he doesn't have to go to DEP when creosote lumbers are found there. When CSX left that property no one checked to see what they had left under the ground. Commissioner Eckstein moved to approve the first reading of Ordinance No. 3379 with the stipulation that City Manager Simmons find a way to abandon this property without getting Mr. Sklar in the chain of title. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3380. re: deleting one Police Department Commander position and establishing two Officer positions. Commissioner Lessard moved on first reading of Ordinance No. 3380, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361 AND ITS .gdENDMENTS TO PROVIDE FOR THE DELETION OF ONE (1) "COMMANDER" POSITION IN THE POLICE DEPARTMENT AND CONCURRENTLY, TO PROVIDE FOR THE ADDITION OF TWO (2) "POLICE OFFICER" POSITIONS IN THE POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye 3¸4 E718~7~ MINUTES City Commission, Sanford, Florida 7: 130 P.M. MFFTING December The Commission took a five minute breakZ Presentation of Seminole County US 17-92 Corridor Redevelopment Plan. Kevin Fail, Capital Programs Analyst ( and Project Manager) with Seminole County introduced Curt Easton of Easton Consulting Services and Melinda Claybrook of Ivey, Harris and Walls who are all part of the project team that has worked on the Redevelopmerit Plan. In 1996 a Task Force recommended to the Board that a CRA be established to revitalize the 17-92 corridor. The County has done the appropriate studies as the statute requires in declaring the areas blighted, and prepared a Redevelopmerit Plan and is seeking approval from the cities and County to move forward with implementation. The Redevelopment Plan sets out a rather broad series of objectives and strategies from which the Agency can then either take advantage of economic and market conditions and opportunities and/or customize and prioritize what needs to be done along the corridor. Mr. Fall answered several concerns expressed by different cities and explained how those concerns will be addressed. Commissioner Eckstein voiced a concern about the representation on the Board, stating Sanford has the most land involved so Sanford should have the most representation. Mr. Easton reported this will be an appointed Board, and a Commissioner or Mayor of a City or of the County can not serve on this Board if it is an appointed authority because there is a conflict, they would be serving in two positions. The City of Sanford could make a recommendation. One way it could be handled is the County would make one appointment and allow Sanford to provide two appointments to the Board, and then the balance of the cities would each have one appointment. The Commission discussed the CRA and the effect and benefit it would have for Sanford, especially in regards to sidewalks, street lights and signs. Ms. Claybrook reported that the list provided to the Commission is what they consider to be the most immediately implementable projects. Commissioner Lyons voiced concern that this is the last CRA the City can develop because the City is Commissioner Eckstein moved to adopt the Resolution presented by the County for consideration, saturated with CRA's. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; CONCURRING WITH A COMMUNITY REDEVELOPMENT PLAN PURSUANT TO SECTION 163.360, FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. Seconded by Commissioner Williams. City Manager Simmons reported this Resolution i.s not in the City's usual form and does not include the City's concems. Commissioner Eckstein amended his motion to authorize the Resolution to be prepared in the City's usual form and include the City's concerns, for adoption at the next meeting. Commissioner Williams amended her second and the amended motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1774, re: proposed Land Development Fee revisions. Commissioner Eckstein moved to adopt Resolution No. 1774, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, ADOPTING AN AMENDED FEE SCHEDULE FOR LAND DEVELOPMENT ACTIVITIES. 8 19-- 97 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. MEETING December Seconded by Commissioner Williams and,carried by vote of the Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Commission as follows: Request from the Martin Luther King. Jr. Celebration Committee for free use/reduced rate use of the Civic Center. City Manager Simmons reported traditionally the Commission has granted one night of free use and one night of reduced rate use for this event. Commissioner Willjams appealed to the Commission to provide free use of the Civic Center for two nights because this event is sponsored by the City of Sanford and is an activity to promote brotherhood within the City. Also, all of the scholarships they give, they are given in the name of Sanford, even though the City does not contribute monetarily to those scholarships. Further, the City of Sanford was the first City to present a historical community celebration in which the people at the State level were involved, and a program is sent to the Archives in Tallahassee every year. The people of Sanford feel this event is sponsored by the City of Sanford. The money charged for the banquet goes toward the scholarships, and Federal guidelines mandate they cannot use that money for the Committee. This group should not have to pay the City of Sanford, who is sponsoring it, to use the facility. City Attorney Colbert reported the City, in the past, had adopted the policy for flee use because it was getting so many requests. The City made a distinction between the religious observance and things for which there would be an admission or ticket paid. The reduced rate is $156.30, and City Attorney Colbert offered, on behalf of his law finn, to donate the $156.30 so the Commission would not be setting a precedent. Commissioner Willjams moved to graciously accept, on Staff recommendation, the donation of City Attorney Colbert on behalf of his finn, of $156.30 for the reduced rate for the Civic Center for one day, and grant free use for the other day, to the Martin Luther King, Jr. Celebration Committee. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Recommendation from the Planning and Zoning Commission Meeting of November 20. 1997. Mayor Dale reported that this is an information only item and requires no action by the Commission. City_ Manager pay ranee and salary adjustment. A. Commissioner Lyons moved to set the pay range for the position of City Manager at a minimum of $70,322.95 to a maximum of $105,488.38. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Lyons moved to pay the City Manager $86,130.00 retroactive to October 4, 1997. Seconded by Commissioner Lessard. Commissioner Williams moved to amend the motion to pay the City Manager $89,000.00 retroactive to October 4, 1997. Seconded by Commissioner Eckstein. Commissioner Williams renorted the decision was based on the fact that the City Manager received 35 8 19 97 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETING December 8 1997 Boards Agency, expires December 11, 1997. an above average evaluation and also because of the administrative responsibility that he has with the Fire Chief and Police ChieE In addition, he has not received a raise for the last three or four years. Commissioner Eckstein reported that if the City would have to hire a new City Manager it would probably have to offer a starting salary of at least $90,000.00, so why not pay the City Manager who has worked through the formative years rather than giving a new person coming in the higher salary. Commissioner Lyons felt that if they gave City Manager Simmons $89,000.00 it would limit the amount they could increase his salary at his next evaluation. Commissioner Eckstein withdrew his second and the motion to amend the original motion died for lack of a second. The original motion to pay the City Manager $86,130.00 retroactive to October 4, 1997 was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Nay Commissioner Lessard Aye Commissioner Lyons Aye City Clerk, Jan Dougherty reported the term of Linda Johnson, on the Sanford Community Redevelopment No recommendation has been made by the County, therefore no action was taken. Consent AEenda. On recommendation of the City Manager, Commissioner Eckstein moved as follows: A. To accept bids as follows: (1) Bid Number IFB97/98-23, Eight Inch Compound Meter Replacement for Pine Ridge Club. Accept lowest bid, which meets specifications, from U.S. Filter, in an amount of $6,995.00. (2) Bid Number IFB97/98-26, Stormwater Pipe and Structures. Accept lowest bid per item as follows: - For stormwater pipe from Hughes Supply in the amount of $32,575.40. - For stormwater structures and inlet frames and grates from Taylor Precast in the amount of $5,072.00. - For manhole rings and covers from Ferguson Underground in the amount $4,711.00. (3) Bid Number ~B 97/98-20, Irrigation Materials for Parks Divisions. Accept lowest bid for Sections as follows: - from Century Rain Aid: Section 01 ($5,060.95), Section 02 ($229.00), Section 03 ($519.00), Section 08 ($4,388.32) and Section 09 ($656.00) for a total of $10,853.27. - from TWC Distributors: Section 05 ($1,687.75) and Section 10 ($39.00) for a total of $1,726.75. - from Florida Irrigation Supply: Section 04 ($397.56) for a total of $397.56. - from North South Supply: Section 06 ($203.76) and Section 07 ($5,231.55) for a total of $ 5,435.31. E718672 MINUTES City Commission, Sanford, Florida P.M. MEETING December 3¸7· 8 ~9 97 To authorize payment of statement from Foley & Lardner in the amount of $2,808.01 for services regarding City Coal Gasification Plant. C. To acknowledge three invoices in total amount of $225,612.81 from Ardaman & Associates, Inc. ($7,951.25), H. C. Cormell, Inc. ($207,711.56) and Hartman & Associates, Inc. ($9,950.00) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 1990 and November 5, 1991. D. To authorize approval of vouchers for November, 1997. E. To extend the current agreement with Centra Care for Alcohol/Drug Testing for the City for twelve months effective December 1, 1997 thru December 1, 1998, with no change in cost or level of service. F. To approve the Cemetery Advisory Committee revised Cemetery Rules & Regulations. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Attorney's report. City Attorney Colbert reported that the meeting regarding Twin Lakes Apartments which the Mayor will attend tomorrow moming is covered by the Sunshine Law. Mayor Dale reported that the meeting was announced in the presence of the press, and if that meeting is moved to another location the press will be informed. City Mana~er's report. City Manager Simmons requested a vote on a request from Sanford Main Street to pay the overtime cost in amount of $34,054.07 over itme, which cost was associated with a special event, with the rest of the cost being absorbed by the City. Commissioner Lessard moved to approve the request. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager Simmons asked for a vote of approval to execute the amendment for the Sanford Airport Policing Agreement. The amendment will provide for two officers instead of four, and will provide that the Airport is responsible for providing additional police services during periods of vacation, sick leave and other absences. Commissioner Eckstein moved to approve execution of the amendment for the Sanford Airport Policing Agreement. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Clerk's report. No report. 38 E718~7~ MINUTES City Commission, Sanford, Florida 7:00 P.M. MEETZNG December 8 19-- 97 City Commissioners' reports. Commissioner Eckstein - no report. Commissioner Willjams asked for a legal definition as to the Commission's role with the Sanford Airport Authority. Commissioner Lessard thanked citizens who offered up their homes for the Historic Tour of Homes. Commissioner Lessard thanked Kim Sosnowski and Lisa Jones of the Recreation Department for their involvement in community events above and beyond the call of duty. Commissioner Lessard requested that the City Manager provide a sign stating "This project funded by "to be put up at the site of joint projects between the City and private citizens or businesses so citizens realize that joint ventures with the City are possible. Commissioner Lessard reported there is an abandoned van at 703 Palmetto that has been there for months. Commissioner Lyons reported the Seal of the City of Sanford should be changed. The Commission concurred to look into it. Commissioner Williams asked that the City Commission consider restricting each person who speaks during Citizen' s Participation to three minutes, and if they go beyond that to ask them to request to be on the agenda. After discussion no action was taken. Mayor Dale asked about a previous request for new City stationery. Commissioner Lessard requested the Commissioners' names be listed down the side and reported he had requested City stationery be looked into some time ago because on the stationery he had, the phone number had been crossed out and a new one put in. City Manager Simmons will look into new stationery. There being no further business, the meeting was adjourned. Attest: ~~~'jayor City Clerk