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071398 ws/rm min.282 E718672 City MINUTES Commission, Sanford, Florida 3:30 P:.:M. WORK SESSION July 13 19-- 98 The City Commission of the City of Sanford, Florida met in Work Session on Monday, July 13, 1998, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 Noah Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Kerry D. Lyons Commissioner Velma H. Willtams Assistant City Attorney Katherine Reischmann City Manager William A. Simmons City Clerk Janet Dougherty Absent: Commissioner Kerry D. Lyons City Attorney William L. Colbert The Chairman called the meeting to order. Cable TV Franchise. Assistant City Attorney Katherine Reischmann explained the proposed changes to the Time-Warner Cable TV Franchise agreement. Changes will be made to the term of the agreement, the rights-of-way, and consequences for violations. Also, the payment and reporting schedule would be quarterly instead of annually. Attorney Reischmann distributed an index to the proposed Ordinance already received by the Commissioners. Frank Rechenbacher and David Spencer from Time-Warner were present to answer any questions. The Commission concurred to have first reading of this Ordinance, along with a Franchise Agreement, at the July 27, 1998 Commission Meeting. Mayfair Golf Course. Jack Daniels, of the Mayfair Country Club, and Barry Oxford, of the Sycamore Group, a privately held Corporation in Nashville Tennessee, were present to discuss the possibility of the Sycamore Group purchasing Mayfair Country Club. Mr. Oxford reported he was aware that, according to the lease, he must have an assignment of the lease. Mr. Oxford has been in the business of buying, developing and maintaining golf courses for several years. He submitted a letter to City Manager Simmons outlining the changes he would be willing to make to the lease to resolve the concems of the City, and give the City what they want. Mr. Oxford, with the knowledge of Mr. Daniels, has made an offer to the City. Mayor Dale reported he explained to Mr. Oxford the Commission was looking for more community benefit such as Junior and Senior Golf Programs, possibly discounted membership or greens fees for taxpayers of the City, etc., and also a lease that provided for a return on the investment of the taxpayer. Mr. Oxford reported he tried to address those concerns in a letter, and has made a recommendation he feels is economically feasible, with the City as a partner. The City will receive a percentage of the gross regardless of the offset against it. It is very hard to offer discount prices because of the volume of clients. He has found that the local Parks and Recreation Department can be a very big help in getting good programs for the local residents that the golf course may be involved in. Junior Golf is something that can be very beneficial, especially during the summer months. Mr. Daniels reported the law suit was filed because of a letter he received from the City Attorney stating he was in violation of the lease. It was either file a law suit or put the money up, and he didn't have the money. He got an extension and held several m~etings wil~h t.h~ city and attorneys, and no remedies were forthcoming, sl-l~he~ taw suit was filed. Mr. Daniels is willing to drop the law suit, and put up $60,000.00, for the assignment. Mr. Oxford related the City could expect about $3 million over the 50 year term of the lease. Mayor Dale reported the City would like Mr. B~nial~ tn n~v ~1CI~ 13~~ I~Cl 121iv Man~ar Rirnrnnn~ rannrtad an ao-raamant naad~ tn ha raac. had with Mr F)aniel~ E718672 MINUTES City Commission, Sanford, Florida 283 3: 30 P .M. WORK SESSION July 13 19 98 regarding the law suit, and another agreement needs to be reached with Mr. Oxford on the assignment of the lease. After discussion the Commissioners agreed they would support an assigmnent of the lease if Mr. Daniels paid $100,000.00 and dropped the law suit. A committee consisting of City Manager Simmons, Commissioner Eckstein, and Mike Kirby will work with Mr. Oxford to draft a proposed lease, and the Commission will consider that lease after Mr. Daniels has settled with the City. Historic Sanford Memorial Stadium plans. Chris Smith, Engineering Assistant, introduced James Garentenni, Architect and Tim Petty, Coordinator from the Scott Partnership, and also the Sports Authority. Mr. Garentenni presented drawings of two proposed schemes for the addition and renovation of the Historic Sanford Memorial Stadium. Both schemes maximize the parking, utilize some type of a water retention area, and feature a plaque at the entrance. [Commissioner Lessard left the meeting.] The proposal includes new roofing, adding locker rooms and showers to the two ends of the facility, adding an entry area for ticketing and routing people, and providing patio areas. There are handicap accessibility ramps off the north end of the ring for seating. They have tried to incorporate some brick patterning so that the City could sell commemorative bricks to raise money and give the citizens a feeling of ownership. Commissioner Eckstein reported he would like to see the Recreation Department located permanently at the Stadium. Mike Kirby, Recreation and Parks Director, agreed. [Commissioner Lessard rejoined the meeting.] City Manager Simmons reported the Scott Partnership is looking for a decision from the Commission on which scheme it prefers. The drawings were left for the Commission to review and a decision will be made in the near future. Also, the Commission discussed the possibility of having a historical display, for example statues, pictures, plaques, etc., in the entrance and possibly in the "Dug Out" area. Ordinance No. 3418. re: Commissioners Compensation. City Manager Simmons reported an Ordinance has been prepared with blanks left for the salaries of the Mayor and Commissioners, and for the expenses. After discussion the Commission agreed on a salary of $9,000.00 annually for the Mayor, $7,500.00 each annually for the Commissioners, and an expense allowance, in line with the CPI, of $495.00 per month. The salary would not be effective until after each Commissioner and the Mayor went through an election, but the expense could be effective now. Commissioner Eckstein reported that would mean the Commissioners would be receiving $12,000.00 per year, but it was his understanding that the $7,500.00 included the expenses. This Ordinance will be presented for first reading tonight. Employee evaluations/pay increases. City Manager Simmons reported regarding the question of some employees not receiving raises; it was determined that with the possible exception of one, those employees did get a significant pay raise as a result of the new pay scales that went into effect the first of October, even though they did not receive a review. He also stated that there were actually two forms of raises, the new pay scale, and a change from a 37 ½ hour week to a 40 hour week, which meant the employees were getting 2 ½ hours more pay a week. He could not recommend exceptions on a ease by case basis. Commissioner Eckstein also reported that now there will be two Deputy Clerks going to school at the same time to be certified. 284 E718672 MINUTES City CommiSsion, Sanford, Florida 3:30 P.M. WORK SESSION July 13 19-- 98 Ordinance No. 3409, re: "Time Worked" for overtime calculation. Commissioner Eckstein reported that if someone is called in on an emergency, and they have not worked their full 40 hours, they should still get paid overtime for the time worked on that emergency. City Manager Simmons reported this emergency pay policy can be incorporated into the Personnel Rules and Regulations. Employee benefit providers. Tim McCauley, Personnel Director, reported the three proposals presented to the Commission were recommended by a committee of 17 people, 14 employees and 3 retirees. These proposals are for Health Insurance, Employee Assistance Program and Vending Machines. The City has had Prudential Health Insurance for the past seven years, and although an eight percent increase over current costs is proposed, it is still less than what the City was paying 7 years ago. This issue will be voted on tonight. Draft revised Civil Service Code. Article XIX. City Manager Simmons reported this proposed Ordinance attempts to amend the part of the Civil Service Code which establishes the Civil Service Board, and makes the Board regulatory. The Commission previously expressed a desire to give the City Commission the last word, and to have the Civil Service Board in a recommending capacity. This would not change the composition of the Board, or the existing members until their terms expire. Mayor Dale reported the only change this Ordinance would make is to make the Civil Service Board an advisory Boar~ and give the Commission, who sets the policies of the City, the power to determine that those policies are being adhered to. Mayor Dale recommended that in the case of dismissal, a 4/5 majority vote of the Commission should be required. Commissioner Eckstein reported he didn't feel the Commission could be fair in its decision, and asked what an employee would have to safeguard his interest as a checks and balance system. This Ordinance would give the Commission too much power. The employee would not get a fair trial, because any Department Head would have the edge with the Commission when an employee is being dismissed. He stated the Civil Service Board is not always fair, but it works. Mayor Dale reported he didn't see it as power, he saw it as taking responsibility. The 4/5 majority for dismissal should take care of the politics and vindictiveness. Commissioner Williams reported there should be a system in place for progressive discipline based on policies and guidelines. After discussion the Commission concurred to have first reading of this proposed Ordinance at tonight' s meeting. The Commission took a short break and then reconvened. Proposed referendum. Mayor Dale reported receipt of a letter from George Wallace, representing Mr. Pacitti of PRA, requesting the issue of a hotel/conference center development in Ft. Mellon Park be put on a referendum in the November General Election. Mr. Pacitti would like assurance that the development is what the citizens want before investing any more money in the project. Janet Dougherty, City Clerk, reported she had spoken to the Supervisor of Elections who has no problem with the referendum being on the November ballot, as long as she has the ballot language by October 2. Also, the ',Supervisor of Elections would handle everything with no cost to the City except for advertising costs for the referendum. Mayor Dale reported this would satisfy the request of the developer as well as the request of the portion of citizens who requested a referendum as it does involve a public asset. E718672 MINUTES City Commission, Sanford, Florida 2:8 5' 3:30 P.M. WORK SESSION July 13 19 98 City Manager Simmons reported the City has contracted with Solin and Associates to prepare the documentation for a Comprehensive Plan Amendment, which is nearing completion. This Amendment would first be reviewed by the City Commission, and then sent to DCA for review. The Comprehensive Plan Amendment is being packaged for future land use, and the appraisal report would address both Ft. Mellon Park and approximately 50 individuals parcels which have been annexed into 'the City subsequent to the last Comprehensive Plan Amendment. City Manager Simmons recommended the City proceed toward the Comprehensive Plan Amendment, including Ft Mellon Park, with the realization that it will be after the November election before DCA is expected to send back their comments on the Comprehensive Plan Amendment. If the referendum reveals that the citizens do not want to move forward with the Ft. Mellon Park development, the City can simply not adopt that part of the Comprehensive Plan Amendment which would change the future land use of Ft. Mellon Park. If the City waits until after the referendum to start the Comprehensive Plan process, it loses approximately six months in getting the Comprehensive Amendment Plan adopted (in case the voters do want to proceed with the development of Ft. Mellon Park). The Comprehensive Plan Amendment will initially be presented to the Commission at its June 27, 1998 Commission Meeting. City Manager Simmons will be asking for a vote tonight to direct Staff to proceed with the scheduling of a referendum. Janet Dougherty, City Clerk, reported Commissioner Lyons had called her and requested she express his opinion that he is not in favor of a referendum, but if the Commission decided to put a referendum on the ballot he would like to put the Police issue on the ballot also. Mayor Dale reported Commissioner Lyons was probably referring to the Charter Amendment for the City'Manager to oversee the Police Department. Revised performance appraisal system. City Manager Simmons reported the Commission had been presented a revised Performance Appraisal System which staff believes is consistent with the wishes of the Commission. He asked the Commission to review this System so it could be put into Ordinance form. Commissioner Lessard asked for clarification on the 1% of personnel budget reserved for the merit system; is the 1% based on personnel cost or employee's salary? City Manager Simmons explained that it is 1% of the employees' salary for each department, and the Department Heads are in the City Manager' s budget. Commissioner Willjams reported each employee should have placed in their personnel file a copy of their job description, or a set of agreed upon standards, that they have signed to denote they have read and understand them. The City Manager will implement this procedure and direct Staff to prepare an Ordinance for adoption of the revised Performance Appraisal System. Board appointments. Mayor Dale reported there is one vacancy on the Code Enforcement Board. City Manager Simmons reported there is one application on file from Dean Ray. He further reported this is a vacancy left by the resignation of Lisa Nason, and he would report back on the expiration date of that term. Commissioner Eckstein reported he would like to appoint Alex Serraes to the Citizens Advisory Board. He will make the motion at tonight's meeting. 2'8 6 E718672 City MINUTES Commission, Sanford, Florida 3:30 P.M. WORK SESSION July 13 19-- 98 ReSular ASenda items, Late items, and other items. A. Mayor Dale reported that Harold Christensen requested the Commission be informed he (Mr. Christensen) has hired a lawyer. B. Mayor Dale reported it would be more costly to remove the cell phone from retiring City Manager Simmons' car than to purchase a new one. The Commission concurred that the phone should remain in Mr. Simmons' car. C. Mayor Dale reported he would like to appoint Commissioner Willjams as the delegate to the Redcvelopment Agency for the 17-92 CRA, and hc would like to appoint the City Manager as the alternate. The Commission concurred to vote on these appointments tonight. D. Commissioner Eckstein reported he spoke with a lady, and with the Director of the Humane Society, and they would like approval to continue to investigate animal cruelty cases within the City of Sanford. The Humane Society informed Commissioner Eckstein this request had been submitted to the City but no one responded to it. The Humane Society needs the request signed by the City Commission. Mayor Dale reported, according to the State law, the request needs to be signed specifically by the Mayor. service. E. He has received the request and is reviewing the need for this Mayor Dale reported he had received a copy of the audit of the Sanford Housing Authority for the Commission to review. He reported it was pretty much a clean audit. F. A man requested the Commission to take up the issue of outside phone booths in the City of Sanford. He would like an .Ordinance passed to make people put the phones inside their businesses. Mr. VanDerworp will research this issue and report back to the Commission on it in August. The Commission took a short break and then reconvened. City Manager's report. City Manager Simmons reported he will be presenting Ordinance No. 3423, re: authorization for a temporary "Building Official"; Ordinance No. 3424, re: authorization for four additional Police Officers funded by the "COPS" Grant; and Ordinance No. 3425, re: authorization and addition of one Plans Examiner and one additional Code Compliance Inspector 1, for first reading at tonight's meeting. He also requested authorization of commencement of recruiting in advance of the adoption of Ordinance No. 3425. The Commission concurred. City Manager Simmons reported on the issue of the alley that was not accessible for garbage pick-up, the action taken in 1971 to vacate the alley is still good. The only way to get that north/south alley back is to buy it, condemn it, or get someone to donate it. The easier way to go would be to acquire the east/west alley across the Barnes property. The City Attorney estimates the cost to obtain a prescriptive easement to be between $10,000.00 and $25,000.00. Mr. Simmons recommends no further action be taken by the Commission and let the neighbors come to a settlement. This will be discussed further in tonight,s meeting. Charles Rowe, Community Development Director, reported as an update on the junk vehicle Ordinance: 45 properties have been cited and 78 vehicles have been posted. Of those 78 posted, 15 have been removed by owners, 9 have been removed by the City, 53 are due for reinspection, and 1 case is on hold. Mr. Rowe reported the present Ordinance does not include boats or trailers as vehicles. Mayor Dale requested the Ordinance be enhanced to include boats and trailers. Mr. VanDerworp suggested when the owners are notified of a violation possibly a brochure could be provided to E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION 2:8.7 July 13 19 98 them listing organizations which will move a vehicle if it is donated to them. The Commission concurred this would be a good service to the community. The Commission also concurred to have the City Attomey amend the present Ordinance to include boats, trailers, and recreational vehicles. City Manager Simmons reported the Commission had received information on the City's pavement rejuvenation application program, and he explained the process, and the difference between overlay and pavement rejuvenation. The next overlay and paving proposal will be presented at a later date. City Manager Simmons reported a representative of the property owned by the Hickman Estate, north of the Sanford Herald, has informed him the owners are offering to pay up on the $10,000.00 a year payment in lieu of taxes, which they have been disputing on the basis that the City sold them contaminated land. The representative came to the City with a study from a geotech, Simms, Incorporated saying that the land was not contaminated and therefore should be perfect for a City facility. The owners owe about $100,000.00. The value of the land is estim;tted to be over $1 million. City Manager Simmons reported receipt of a request to waive the fee for use of the Civic Center for Deputy Gregory's funeral. Mayor Dale said he approved that use and said if the Commission did not approve to waive the fee he would pay for it. The City Manager will ask for a vote on this tonight. City Manager Simmons reported he will meet with Dianne Kramer to talk about the Swimming Pool project on July 16, 1998. It seems both parties are avoiding owning the pool from a liability standpoint, and he has gotten the indication that the high school does not think that it can come up with the $250,000.00 from the boosters. City Manager Simmons reported there will be first reading tonight of an amendment to the City Employees Personnel Pension Plan. He will be asking City Attomey, Bill Colbert, to insert language into the Ordinance to provide for the appointment of a secretary by that Board. City Manager Simmons reported he will be presenting a request at the next meeting to approve a grant application for a Local Law Enforcement Block Grant. The Police Department is writing the Grant and it must be submitted to the State by the last day of July. City Manager Simmons reported he has been working with Donna Watt, Finance Director, trying to set up a joint Work Session for the City Commission/Airport Authority. The Authority does not feel it can be ready for such a meeting by July 27, 1998 so City Manager Simmons is suggesting the meeting be held on August 10, 1998. He would like the joint Work Session to start a 3:00 instead of the regular 3:30 Work Session start time, so a regular Work Session can be held immediately following the joint Work Session with the Airport. One item which needs consideration at the regular Work Session on August 10, 1998 is the issue of the Solid Waste Division. The Commission concurred. City Manager Simmons reported a very successful MPO Alliance meeting was held and they are now looking at a way to fast-track the whole process by three years, which the DOT said could never be done. Mayor Dale reported TBI wrote a letter to the FAA questioning the agreement authority of the GOAA board to limit any airlines that deal with them in dealing with our airport, since we are within the 30 mile radius. FAA sent a letter to the GOAA Chairman explaining to them that they needed to settle the matter of the Signatory Agreements, that they were in jeopardy of losing their existing and future FAA grant funding, and several other violations, and requesting they resolve this informally by August 1, 1998. Mayor Dale further reported that the article published in the paper concerning this issue was a small article in the business section of the paper, but if the City had received the letter the E718672 288 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION July 13 19-- 98 article would have been on the from page, and that it was a very significant issue. He further expressed surprise that the issue had not made the news. Commissioner Lessard reported, since the Mayor will not be in attendance at the July 27, 1998 meeting, the Commission should avoid discussing the trash collection issue and the Civil Service issue at that meeting. Mayor Dale reported as Chairman he sets the agenda, and he would not place those items on the agenda for the July, 27, 1998 meeting. Commissioner Eckstein reported, that as acting Chairman, he would honor the Mayor's absence. There being no further business, the meeting was adjoumed. Attest: mr E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING July 2'8 9 13 1998 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, July 13, 1998, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Meditation. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Willjams Commissioner Brady Lessard 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. Mayor Dale asked for a moment of silence for the remembrance of Gene Gregory who was killed in the line of duty, and for Scott McCleod and Sammy Gibson who were wounded. Presentation. Mayor Dale presented a plaque of appreciation to Helen Stairs for her service to the community, and as chairperson of the Planning and Zoning Commission from January 22, 1992 to June 30, 1998. Citizen participation. Gina Newton, 1118 South Park Avenue, reported phones have been approved to be placed outside the new Texaco gas station on Third Street and Park Avenue. She stated she has been fighting to get some of the phones along Park Avenue removed because of the drug traffic in that area, and now they are going to put in another one. She asked why the phones could not be put inside the businesses instead of outside where they are available to the drug dealers. Mayor Dale reported the Commission is investigating the phone situation at this time and is considering the alternative of having the phones inside the businesses. The decision to install the phone at the Texaco was approved by the Historic Preservation Board and can be appealed to the Commission by any citizen. Mayor Dale reported the Commission, also, can asked for any decision to be heard before the Commission. Lon Howell, 1109 Park Avenue, asked what the process was to appeal the Historic Preservation Board decision because he would like to appeal it. Jay Marder, Director of Planning and Development, reported there is an appeal form and a fee of $50.00. Mayor Dale reported the appeal may not be necessary if the Commission decides to hear the decision themselves. Carmer Davis, 201 Tyler Drive, reported a problem with parking his bass boat in his yard. When the Commission passed the new Ordinance last year Mayor Smith recommended that the Ordinance be passed but not enforced unless there was a complaint. There has now been a complaint filed against Mr. Davis because it is a boat. Mr. Davis believes a boat has no place in the Ordinance. He has had this boat and parked it in the same location since 1977, and he has never had a problem with the neighbors about the boat or his property. His property is well kept and clean. He would put the boat in another location if he could, but he has no room to put it anywhere else. He would like the Commission to reconsider this Ordinance. He will move his boat by July 18 as directed by the Code Enforcement Board but would like the Commission to give him some consideration. Approval of minutes. Commissioner Lessard moved to approve the minutes of the June 22, 1998 Work Session and the June 22, 1998 Regular Meeting. Seconded by Commissioner Williams and carried by vote of the Commission as follows: 290 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING July 13 19 98 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Continuation of Public hearing to consider the second reading and adoption of Ordinance No. 3409. re: amending the Personnel Rules and Regulations Section 10.9(F). Educational Assistance Repayment method. and Section ll.15(A). Hours Worked for Overtime Calculation. Ad published June 1 l, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3409. No one appeared. Mayor Dale closed the public hearing. Commissioner Lessard moved to adopt, effective July 25, 1998, Ordinance No. 3409, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING ORDINANCE NO. 3324 AND ITS AMENDMENTS TO AMEND SECTION 10.9(F) OF THE CITY'S PERSONNEL RULES AND REGULATIONS TO PROVIDE FOR THE METHOD FOR REPAYMENT OF EDUCATIONAL EXPENSES; AMENDING ORDINANCE NO. 3324 AND ITS AMENDMENTS TO AMEND SECTION 11.15(A) OF THE CITY'S PERSONNEL RULES AND REGULATIONS TO EXCLUDE LEAVE TIME AS "HOURS WORKED" IN OVERTIME CALCULATIONS A/K) ADDING A PROVISION FOR "GARCIA OVERTIME"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE, APPLICABLE TO ALL CITY EMPLOYEES EXCEPT THOSE EMBRACED BY EXISTING COLLECTIVE BARGAINING AGREEMENT(S) IN EFFECT. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager Simmons reported that the overtime worked due to emergencies would be addressed in the Personnel Rules and Regulations and be a separate Ordinance with an effective date the same as this Ordinance. Public hearing to consider the second reading and adoption of Ordinance No. 3414. re: annexing a portion of the property lying between East Lake Mary Boulevard and North Way and between CR 427 and Central Florida Greeneway. Baker Farms Inc., owner. Ad published June 25 & July 2, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 34 14. No one appeared. Mayor Dale closed the public hearing. Commissioner Lyons moved to adopt Ordinance No. 3414, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN EAST LAKE MARY BOULEVARD AND NORTH WAY AND BETWEEN COUNTY ROAD 427 AND CENTRAL FLORIDA GREENEWAY, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 291 July 13 1~8 Public hearin~ to consider the second readin~ and adoption of Ordinance No. 3416, re: annexing a portion of the property lyinl~ between Sweet Gum Court extended westerly and W. Lake Mary Boulevard and between Highway 17-92 and Live Oak Boulevard (306 West Lake Mary Boulevard). Ellen Thomas, owner. Ad published June 25 & July 2,1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3416. No one appeared. Mayor Dale closed the public hearing. Commissioner Lyons moved to adopt Ordinance No. 3416, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SWEET GUM COURT EXTENDED WESTERLY AND WEST LAKE MARY BOULEVARD AND BETWEEN HWY. 17-92 AND LIE OAK BOULEVARD (306 WEST LAKE MARY BOULEVARD); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 Public hearinl~ to consider the second readin~ and adoption of Ordinance No. 3417. re: annexin~ a portion of the property lyin~ between Sko~en Ct. and W. CR 46A and between Upsala Road and Fairway Dr. (154 Upsala Rd.). Milner and Gussie Ryals, owners. Ad published June 25 & July 2, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3417. No one appeared. Mayor Dale closed the public heating. Commissioner Williams moved to adopt Ordinance No. 3417, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SKOGEN COURT AND WEST CR 46A AND BETWEEN UPSALA ROAD AND FAIRWAY DRIVE (154 UPSALA ROAD); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; 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 Public hearine to consider rezonin~ a portion of property lyin~ between West 241h Street and West 251h Street and between Lake Avenue and Chase Avenue (1002 W. 251h Street) from RMOI. Multiple Family Residential-Office- Institutional. to GC-2. General Commercial. and first reading of Ordinance No. 3421. Corrine Plouffe, owner. Ad published June 3 & 12, 1998. Recommendation submitted from the Planning and Zoning Commission to rezone to PD, Planned Development, with permitted uses being same as in RMOI Zoning plus a flower shop with a single outdoor display limited to ten (10) feet by ten (10) feet in size (with provisions). Recommendation submitted from the Director of Planning and E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 13 1998 Development to rezone to PD, Planned Development, with permitted uses being same as in RMOI Zoning plus a flower shop with a single outdoor display limited to ten (10) feet by ten (10) feet in size (with provisions). Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to the proposed rezoning. No one appeared. On recommendation of the City Manager, Commissioner Lyons moved on the first reading of Ordinance No. 3421, as recommended by the Planning and Zoning Commission and the Director of Planning and Development, with the stipulations that during site planning consideration is given to requiring the entrance to be from the side street, and the display be put away at night. Said Ordinance No. 3421 entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN WEST 24TH STREET AND WEST 25TH STREET AND BETWEEN LAKE AVENUE AND CHASE AVENUE (1002 W. 25TH STREET), FROM RMOI (MULTIPLE FAh/IILY RESIDENTIAL-OFFICE-INSTITUTIONAL) TO PD (PLANNED DEVELOPMENT) PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 Continuation of consideration of request from Ruth and Kathy Stamm to rescind Right-of-Way Use A_~reement ~ranted to Ms. Missouri Swofford in March. 1998. to build a fence at 613 E. 1st Street. Continued from meeting of June 22, 1998. Attorney Tom Greene, 613 E. 1 st Street, representing Ms. Swofford, reported his client has tried to compromise with her neighbor by volunteering to reduce the height of her fence to four feet for the first 32 feet from the street, which would be in compliance with the new Ordinance No. 3415. The Stamms would not accept this compromise. Kathy Stamm reported they did reject the compromise because the fence is built on City owned property, which is to be available for use for the good of the majority of the public, not just the convenience of one citizen. She didn't feel use should be granted to just one of the landowners, and no consideration given to the other. Mayor Dale directed the Staff to inform area property owners, especially those adjacent, when a right-of-way use agreement has been applied for. Attorney Greene reported that rescinding the right-Of-way use agreement is not fair when Ms. Swofford did everything legally to erect the fence, and the City granted her the use of the right-of-way. Mayor Dale pointed out that the requestor of a right- of-way understands from the beginning that it can be rescinded at any time, she knew the risk. Attorney Greene agreed that the risk was known up front, but a reasonable person would expect the right-of-way use to be rescinded for the purpose of laying utility lines, maintenance purposes, drainage, etc., not because a neighbor doesn't like the fence. Commissioner Eckstein moved to rescind the right-of-way use agreement and compensate Ms. Swofford up to $500.00 to relocate the fence onto her own property, in compliance with the new fence Ordinance, with an additional request from Ms. Swofford if the cost exceeds $500.00. Seconded by Commissioner Lyons. City Attorney Colbert clarified the issue by reporting that the City is considering exercising its right, under Section 4 of the agreement, to unilaterally terminate the agreement, providing notice to Ms. Swofford through her attomey. Also, to remove the fence from the right-of-way within 30 days as the agreement provides, and the City to reimburse for the cost and removal and installation of the fence in E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 293 13 1998 accordance with current City regulations, in an amount not to exceed a specific amount. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Plannine and Zoning Commission recommendation to approve a Conditional Use request for a two-family dwelling at 1115 and 1115 ~ Myrtle Avenue. City Manager Simmons reported the Commission remanded this issue to the Planning and Zoning Commission for consideration, and the Planning and Zoning Commission recommended approval of the Conditional Use subject to: 1) being owner-occupied if used for two residential dwellings and 2) requires a sunset review by the Planning and Zoning Commission within two years. City Attomey Colben explained the difference between a Conditional Use and a Variance. A Conditional Use carries with it conditions, and a Variance runs with the land. He further reported once the City undertakes to do something, it is responsible to do it correctly. If the City does not have the ability to monitor this property, there may be future problems. Linda Kuhn reported she and her husband own the property at 305 Palmetto Avenue, and spoke for several citizens and reported the Commission is entertaining selective enforcement. The people in the Historic District are fighting against exactly what this person is asking for, and the citizens object. They feel this property is zoned for single family residence and should stay that way. Fred Rogers, 305 Park Avenue, reported the intent of the Historic District was to restore the homes to single family residences, and by letting this property go to multiple family dilutes what the Historic District is, and dilutes the City's National Historic designation. Commissioner Lessard moved to deny the Conditional Use request to establish a two family dwelling at 1115 and 1115 V2 Myrtle Avenue in an SR- 1, Single Family Dwelling Residential Zoning District. 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 Nay Resolution No. 1788. re: authorize the conveyance of City property to the Florida Department of Transportation for right-of-way purposes. On recommendation of the City Manager, Commissioner Eckstein moved to adopt Resolution No. 1788, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CONVEYANCE OF CITY PROPERTY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RIGHT-OF-WAY PURPOSES WITH THE CITY RESERVING THE RIGHT TO REVIEW AND APPROVE FUTURE CONSTRUCTION ACTIVITIES UPON THE LAND CONVEYED; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. 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 294 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 13 19-- 98 Resolution No. 1789. re: buildine permit. entitled: enact a site development permit and fee of $5.00 for fences that do not otherwise require a On recommendation of the City Manager, Commissioner Eckstein moved to adopt Resolution No. 1789 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AFFIRMING AND RATIFYING RESOLUTION NO. 1774 AND AMENDING THE FEE SCHEDULE THEREOF TO ADD A SITE DEVELOPMENT PERMIT OF $5.00 FOR FENCES THAT DO NOT OTHERWISE REQUIRE A BUILDING PERMIT; PROVIDING FOR AN EFFECTIVE DATE. Seconded by Commissioner Lyons 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 First reading of Ordinance No. 3418. re: Compensation of City Commission and Mayor: expense money. Mayor Dale reported that the compensation will be set at $9,000.00 annually for the Mayor, $7,500.00 annually for each Commissioner, and the expenses would be increased to $495.00 per month based on the Cost of Living Index. The Compensation would be effective for each Commissioner after their next election, according to the Charter, and the expenses would be effective immediately. On recommendation of the City Manager, Commissioner Williams moved on the first reading of Ordinance No. 3418, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SEC. 2-21 OF THE CITY CODE, SAID SECTION ENTITLED "COMPENSATION OF CITY COMMISSION AND MAYOR; EXPENSE MONEY", TO INCREASE THE ANNUAL SALARY AND EXPENSE COMPENSATION OF THE CITY COMMISSION AND MAYOR; PROVIDING FOR SEVERABILITY, CONFLICTS, AND-EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3419, re: annexing a portion of the property lying between Celery Avenue and SR 46E and between Brisson Avenue and Roseberry Lane extended southerly (2350 SR 46)' City Manager Simmons reported this property is presently receiving water service from Midway Water Association. The primary reason for requesting this annexation is for sewer service. The City's nearest sewer line is a gravity sewer on the south side of State Road 46, located on Airport property. Sewer service to this property would require a pump station and the installation of a pipe under State Road 46 (involving a bore and jack). The cost would be about $25,000,00 to $30,000.00 to be paid by the requestor for sewer service. City Manager Simmons recommended the Commission table this Ordinance for two weeks, for the requestor to reconsider this request, and consider not to proceed with annexation and return the annexation fee to the requestor. Commissioner Lyons moved to deny the annexation request, .r: .~exatio~ f~e, a~4~ not adopt Ordinance No. 3419, entitled: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 295 July 13 1998 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAD ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN CELERY AVENUE AND STATE ROAD 46 EAST AND BETWEEN BRISSON AVENUE AND ROSEBERRY LANE EXTENDED SOUTHERLY (2350 STATE ROAD 46); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; 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 Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3422. re: General Employees Pension Plan. On recommendation of the City Manager, Commissioner Lyons moved to add a provision for the appointment of a Secretary to the Board, and moved on the first reading of Ordinance No. 3422 as amended, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3279, SAID ORDINANCE ENACTING THE CITY OF SANFORD GENERAL EMPLOYEES PENSION PLAN, AMENDING SECTION 3(4)(A), "PRE-RETIREMENT DEATH", TO PROVIDE FOR VESTING ONLY AFTER TEN (10) YEARS OF CREDITED SERVICE; DELETING SECTION 7, "ADMINISTRATION", TO PROVIDE THAT THE CITY COMMISSION SHALL ACT AS THE PENSION BOARD AND THAT THE FINANCE DIRECTOR SHALL ACT AS THE LIAISON; AMENDING SECTION 8(5)(A), "FINANCES AND FUND MANAGEMENT" TO ELIMINATE REFERENCE TO THE CITY COMMISSION; AMENDING SECTION 9(6), "MAX2~MUM BENEFIT LIMITATIONS", TO CORRECT A SCRIVENER' S ERROR; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. 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 Condemnation Status Report/requests for extensions/demolitions/removal from condemnation. Charles Rowe, Commtmity Development Director, recommended removal from the Condemnation List of Report Numbers 97-17, 1408 W. 16th Street; 97-22, 1212 ½ Mulberry Avenue; 97-25, 604 E. 1 lth Street; 97-26, 608 E. 1 lth Street; 97-27 thru 97-43, 18th/Pear/Merthie; 97-45,816 W. 13th Street; 98-12, 908 W. 13th Street; and 98-17, 720 E. 9th Street. Commissioner Eckstein moved to remove from condemnation those properties recommended by the Community Development Director. Seconded by Commissioner Lyons 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 Mr. Rowe recommended Condemnation No. 9746, 1033 W.. 1 st Street, also be removed from the Condemnation List. Commissioner Eckstein moved to remove Condemnation No. 97-46, 1033 W. 1 st Street, from condemnation. 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 296 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 13 19-- 98 Mr. Rowe recommended to extend until August 13, 1998 Condemnation Nos. 97-2, 618 Mellonville Avenue; 97-16, 2200 French Avenue; 98-4, 546 Plumosa Avenue; and 98-7, 1713 W. 14th Street. Commissioner Lyons moved to authorize extensions until August 13, 1998 for those properties recommended by Mr. Rowe. 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 Charles Rowe recommended extensions until August 31, 1998 for Condemnation Nos. 96-2, 107 E. 7th Street; 96-12, 1605 W. 7th Street and 97-6, 2606 Hiawatha Avenue. Commissioner Willjams moved to authorize extensions until August 31, 1998 for those properties recommended by Mr. Rowe. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Charles Rowe recommended Condemnation Numbers 97-11, 1502 W. 7th Street; 97-18, 811 Elm Avenue; 97-23, 210 S. Virginia Avenue; 98-8, 1711 W. 14th Street; and 98-16, 218 W. 12th/1119 Myrtle be demolished. Mr. Rowe reported that 97-18 and 98-16 are located in the Historic District and prior to demolition a certificate of appropriateness will be required. Also, the present owner of 98-16 approached the Planning and Zoning Commission for a Conditional Use Permit and was denied. Commissioner Lessard asked if the City has received any word from the owner, Norwest Mortgage Company on Condemnation No. 97-23 located at 210 S. Virginia Avenue. Mr. Rowe reported the City has been in contact with the owner and advised them they need to keep the City informed, but they have not, and they are not taking care of the property. Mayor Dale asked about Condemnation No. 98-16 and why the owner was not given a permit. Mr. Rowe explained that the owner did not want a permit for a single family, he wanted a permit for multi-family. He was instructed to go to Planning and Zoning to request a multi-family permit which he did, and the request was denied. Commissioner Lyons moved to demolish Condemnation Nos. 97-11, 97-18, 97-23 and 98. Seconded by Commissioner Eckstein. Commissioner Lessard asked to vote separately on Condemnation No. 97-23, 210 S. Virginia Avenue, because it is worth quite a bit of money, and very salvageable. The Commission decided to leave it on the demolition list which gives Commissioner Lessard, or anyone else, thirty days to contact the owner and see if some arrangements can be made to salvage the property. Mayor Dale reported the Commission would hear from those persons present to speak on any of the properties voted to be demolished. Hunter Pasco reported he would like to contact the owner of 97-23 and see if he could acquire it. The foregoing motion was carded by vote ~mmis~~ows: Mayor4~missioner Dale Aye -' :% i: ,0 ' Aye Commissi~;~ J4~ssard Aye Commiss!.~ons Aye E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 297 13 1998 Commissioner Eckstein moved to authorize an extension until August 13, 1998 for Condemnation No. 98- 16, 218 W. 12tbYl 119 Myrtle. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Williams requested that condemnation recommendations be grouped by recommended action, i.e., extensions, removals, demolitions, etc. Mr. Rowe reported that is difficult given the report is prepared a week or more before the Commission meeting, and they receive a lot of requests between the time the report is prepared and the day of the meeting, but he would do his best to comply. Recommendations from Planning and Zoning Commission Meeting of June 18. 1998. There were no further items that required action by the Commission. Boards: appointments/reappointments. Central Examining Board: The City Clerk reported Terry Futrell's term expires August 13, 1998 and Mr. Futrell would like to be reappointed. No action was taken by the Commission on this Board. Citizens Advisory Board: The City Clerk reported there is one vacancy. Commissioner Eckstein moved to appoint Alex Serraes to the Citizens Advisory Board. 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 Mayor Dale reported the Citizens Advisory Board has asked him to attend the next meeting to discuss a situation and investigation, and he invited all of the Commissioners to attend. Code Enforcement Board: The City Clerk reported Lisa Nason has tendered her resignation as she is moving out of the State. Mayor Dale reported the Commission needs to consider a replacement for Ms. Nason, at least by the next meeting. Consent Agenda. Commissioner Eckstein moved as follows: To accept the lowest bid which met specifications for Bid Number IFB97/98-88, Rehab of Tennis Courts (Recreation & Parks Department) from D & B Tennis, in total amount of $8,400.00. Authorize payment of statement from Foley & Lardner for Professional Services (Coal Gasification Plant) May 5 thru May 28, 1998: $803.82. Authorize payment of statement from Stenstrom, Mclntosh, Colbert, Whigham & Simmons, P.A. for professional services for June, 1998: $10,253.24. Acknowledge eleven (11) invoices in amount of $76,401.35 from Ardaman & Associates, Inc. ($1,107.90), Ecotech Consultants, Inc. ($2,472.00); Conklin, Porter and Holmes ($3,885.39, $23,932.64, $10,956.83, $4,653.42, $10,781.60, $1,298.49 and $9,438.08), Lake Jessup Groves, Inc. ($3,375.00) and Scott Architecture ($4,500.00) paid during the period for previously approved lump sum contracts per City 298 E718672 City MINUTES Commission, Sanford, Florida 7:00 REGULAR MEETING July 13 98 19-- Commission approval on October 8, 1990 and November 5, 1991. Approve vouchers for month of June, 1998. Deny Right-of-Way Use Agreement for Terrence J. Burch of 147 Mellonville Avenue, Sanford, Florida to erect a six foot stockade privacy fence. Approve final plat for Mayfair Club Estates, Phase II. Approve water service for Kenneth A. Hutchison, for property located at 3200 Ohio Avenue, with applicant to pay all costs, and the Annexation Petition to be recorded and the property annexed when it is annexable. Approve water service for George and Carol Mullins, for property located at 296 Rose Drive, with applicant to pay all costs, and the Annexation Petition to be recorded and the property annexed when it is annexable. Approve Prudential Insurance Company as the health care provider for the City beginning October 1, 1998. Approve Merit Behavioral Care Corporation as the Employee Assistance Program provider, and approve Tom' s Foods as provider of Vending Machine services on a six month probationary basis. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: City Attorney's report. No report. City Clerk's report. No report. City Manal/er's report. City Manager, Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye A) City Manager Simmons presented Ordinance No. 3423 for first reading. On recommendation of the Commissioner Eckstein moved on first reading of Ordinance No. 3423, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, TO PROVIDE FOR CONTINUED AUTHORIZATION FOR A TEMPORARY "BUILDING OFFICIAL" POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT EFFECTIVE FROM JULY 28, 1998 FOR A PERIOD NOT TO EXCEED 6 MONTHS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lessard City Manager 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 B) City Manager Simmons presented Ordinance No. 3424 for first reading. On recommendation of the Commissioner Lessard moved on first reading of Ordinance No. 3424, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN TO PROVIDE AUTHORIZATION FOR FOUR (4) ADDITIONAL POLICE OFFICER POSITIONS IN THE POLICE DEPARTMENT UNIFORM DIVISION; FUNDED BY THE "COPS" GRANT PROGRAM TO BE AUTHORIZED CONCURRENT WITH AND CONTINGENT UPON CONTINUED GRANT FUNDING; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 299 13 19-- 98 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 C) City Manager Simmons presented Ordinance No. 3425 for first reading. On recommendation of the City Manager Commissioner Lessard moved on first reading of Ordinance No. 3425, entitled: AN ORDYNANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN TO PROVIDE AUTHORIZATION AND ADDITION OF ONE (1) PLANS EXAMINER POSITION AND ONE (1) ADDITIONAL CODE COMPLIANCE INSPECTOR 1 POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING DIVISION; 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 D) City Manager Simmons reported receipt of a letter from George Wallace, representing PRA, requesting the City conduct a referendum on the issue of locating a hotel/conference center on Ft. Mellon Park property. Mayor Dale reported PRA would like the referendum on the general election in November. Commissioner Lyons reported the Commission had given its commitment to Mr. Pacitti, as well as several Boards pledging their commitment, and he feels that the Commission is abdicating its responsibility of what it was elected to do. Mayor Dale reported that Mr. Pacitti wants to be assured that the hotel/conference center is what the citizens want before he spends any more money for feasibility studies, etc. Commissioner Lyons reported that if this issue did go to a referendum in November the issue of the Police and Fire should also be included as a referendum, for purposes of a better turn-out. Mayor Dale reported the Charier referendum should be held in March. Doug Groseclose, 444 South Elliott Avenue, encouraged the Commission to proceed with the referendum in November and recommended that the City use the Proposed Initiative Ordinance for the ballot. Also, whatever is going on the ballot should be released to the public at least 60 days before the election. Mayor Dale agreed that information should go out 60 days before the election, but he did not agree that the Initiative Ordinance language should be used on the ballot. Mayor Dale requested a consensus among the Commission for the City Attorney to commence preparation of the language for a referendum and bring a report back to the Commission by August 10. The Commission concurred. Mr. Hunt, from the audience, asked why the Initiative wording that the Citizen' s Group has submitted, and which the City Attorney has reviewed, could not be used on the referendum. Mayor Dale reported that wording does not satisfy him as a Commissioner representing the people as to what he would want to see on the referendum. He further reported if the Citizen' s Group wanted that wording they could go ahead with their Initiative. Mr. Hunt asked if the Group went ahead with the initiative would there then be two questions on the referendum? Mayor Dale reported if the Group went ahead with the initiative he would withdraw his support of the referendum, and proceed without a referendum. Mayor Dale reported he would not be willing to go ahead with a referendum with that wording because it is biased 300 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 13,19' 98 wording. City Attorney Colben reported his office could supply several options for wording but it would be the ultimate decision of the Commission what wording to use. Henry Sweet reported he sees no reason why the Commission and the Citizen's Group cannot reach common ground. Everyone is trying to accomplish the same thing, putting a referendum on the ballot in November. He reported a referendum is the only way to decide what is best for Ft. Mellon park. Mayor Dale reported that the language of the referendum needs to be fair and informative. Mr. Sweet reported he just wanted to be sure the Citizen's Group's efforts and concerns are reflected in the referendum. Ronald Rose, Executive Director of the Greater Sanford Chamber of Commerce, reported several business groups had met on this issue and come to a compromise and everyone seemed to be happy, but there still seems to be some opposition. The Greater Sanford Chamber of Commerce, which represents nearly 800 businesses, is completely in favor of this development, and worked to come up with a compromise it felt was beneficial. Mr. Rose reported the Commission should let the Citizen's Group go ahead and get their 15% in signatures and put the referendum on the ballot, and the Chamber would join with the Commission in running a massive campaign to promote this project, because the Chamber is 100% for it. A lady reported she is a citizen of Sanford and she is in support of the project, and she feels that the Commission should let the Group get their 15% in signatures and go ahead with the referendum. There are a lot of people in the City who are in support, and want to show that support, and she feels they are being stopped from doing that, and she does not think that is acceptable. E) City Manager Simmons reported receipt of a request for free use of the Civic Center for the memorial service for Deputy Gregory that was held today. Commissioner Lessard moved to authorize free use of the Civic Center Seconded by Commissioner Williams and carried by vote of the Commission as for Deputy Gergory's memorial senrice. follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye F) City Manager Simmons requested guidance regarding details to prepare a final form draft Ordinance for City Attomey's review regarding the Civil Service Board. In Work Session discussion today on the draft Ordinance, the Commission decided the primary change was to incorporate the requirement that on any City Commission review of a recommended termination action, a 4/5 extraordinary majority of the City Commission would be required to sustain the proposed termination. There was a consensus of the Commission to incorporate this change and forward the proposed Ordinance to the City Attomey for review. G) City Manager Simmons reported the most recent correspondence he has received from the City Attomey in regard to the Bames alley garbage pick-up is that in 1971 the City vacated the south end of the alley. Several months later the City attempted to cancel out that vacating but any property that is vacated is gone. The altematives for the City, should it wish to reattain the ownership or easement on that north/sotlth alley, would be either condemnation (if public purpose can be justified), purchase, or a Grant of Easement from the affected property owners. At the last meeting the Commission was presented an Easement from Mr. Triplett that provided back to the City a small part of the north/south E718672 MINUTES City Commission, Sanford, Florida 3!0 1 7:00 P.M. REGULAR MEETING J~y 13 19-- 98 alley which had been vacated, but it did not come close to restoring full through traffic. The other altemative would be for the City to again seek to obtain the use of the east/west alley across the Barnes lot. This would also require acquisition by purchase, condemnation or Prescriptive Easement of some right to use, since that property had been used for a long time and until recently by the City for a right-of-way. Meanwhile, the property owners along the north/south alley still have the full use of that alley for purposes of accessing the rear of their homes and for everything except garbage collection, unless the Commission decides to let garbage tracks back up and down the alley. The City Attomey has advised that the cost for the City to seek a Prescriptive Easement over either route could run between $10,000.00 and $20,000.00. Mr. Simmons recommended the City not use tax money for this purpose. The neighbors in that area can get Mirescriptive Easement or other neighborhood solutions themselves, or continue to put their garbage in the front of their houses. Mayor Dale requested the District Commissioner meet with the Staff and bring back a recommendation on this issue. City Commissioners' reports. Commissioner Eckstein - No report. Commissioner Williams - No report. Commissioner Lessard - No report. Commissioner Lyons - No report. Mayor Dale - Asked City Manager Simmons to Staffa letter received from Mr. Coover and bring recommendations back to the Commission. - Recommended Commissioner Willjams be appointed to the Redevelopment Planning Agency on the 17-92 CRA. On motion of Commissioner Eckstein, seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Williams was appointed to the Redevelopmerit Planning Agency on the 17-92 CRA. Recommended City Manager Simmons be appointed as the altemate to the Redevelopment Planning Agency on the 17-92 CRA. On motion of Commissioner Eckstein, 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 City Manager Simmons was appointed as the alternate to the Redevelopment Planning Agency on the 17-92 CRA. - Mayor Dale asked if the Commission wanted to appeal the decision of the Historic Preservation Board regarding approving telephones at the Texaco station. Commissioner Lessard moved that Jay Marder appeal the decision of the Historic Preservation Board regarding pay phones. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: 302 E'~18~72 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING July 13 19-- 98 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye There being no further business, the meeting was adjoumed. r Attest: mr