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022293-Work SessionMINUTES City Commission, Sanford, Florida Work Session 521 February 22 1993 The City Commission of the City of Sanford, Florida met in Work Session on Monday, February 22, 1993 at 4:00 o'clock P.M. in the City Manager's Conference Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner A. A. McClanahan Commissioner Lon K. Howell City Manager William A. Simmons Deputy City Clerk Linda L. Brace Absent: City Clerk Janet R. Donahoe "WINS 25" Demonstration Project. Amefika Geuka, Executive Director, GoldenRule Housing & Community Development Corporation ("GoldenRule"), reported that he would like to expand the "WINS 25" Demonstration Project, which has proven to be successful as evidenced by the four homes that were built on lots donated by the City. Further, the total appraised value of these lots (pre- construction) was $24,800.00, the total mortgage secured for said properties was $203,807.00, and the total appraised value of the completed homes is $237,000.00 thereby leveraging private sector funds in amount of $212,200.00. Mr. Geuka proposed that the City of Sanford enter into a private partnership with GoldenRule whereby the City would prepare and submit an application to Seminole County requesting $250,000.00 or a lessor amount, for acquiring additional lots, primarily in the Goldsboro area, and front-end or down payment assistance, to facilitate construction of affordable housing for qualified home buyers. After discussion, the consensus of the Commission was to authorize Staff to prepare and submit an application to Seminole County, requesting funding in amount of $250,000.00 from surtax on documentary stamps, for acquiring additional lots under the "WINS 25" Demonstration Project, to facilitate affordable housing. The Commission referred this item to tonight's Regular Meeting for City Commission action. Affordable Housing Apartment Complex Project. City Manager reported that on February 8, 1993, the Commission considered various requests from Ralph Schmidt regarding a proposed affordable housing apartment complex project. Further, the City Commission agreed to accept 25% of police and fire impact fees upon issuance of building permits, with the remainder to be paid prior to receipt of the Certificate of Occupancy, and authorized one master meter for said project. Further, the remaining requests include: 1) reimbursement of police and fire impact fees upon the City receiving State of Florida Documentary Stamp Funds, and 2) waiver of site development and building permit fees. After discussion, the consensus of the Commission was not to waive site development and building permit fees, or to assist with the payment of police and fire impact fees through documentary stamp monies, based on the fact that the proposed rental rates do not appear to fit within the definition/category of affordable housing, and that this project is for construction of rental apartments rather than single-family residences. The Commission did not refer this item to tonight's Regular Meeting for formal action. 5 2 2 MINUTE S City Commission, Sanford, Florida Work Session February 22. 1993 Request from Dave Farrt Executive Directort Greater Sanford Chamber of Con..erce ("Chamber"), for waiver of required Occupational License regarding St. Johns River Festival Arts and Crafts Show on March 6 and 7, 1993. Dave Farr, Executive Director, Chamber of Commerce, reported that after checking with about ten (10) artists and other Chambers of Commerce, he found that no other community requires art show participants to purchase an Occupational License. Further, the Chamber anticipates approximately 105 participants, each of whom will be charged a $65.00 entry fee, which will be applied toward the prize fund and other various expenses. Further, providing additional trash receptacles will be the only additional expense the City will incur. City Manager reported that the Commission may want to consider establishing a separate licensing procedure and fee schedule under the Special Event Permit, whereby the event organizer would be required to procure an Occupational License, and that Staff could review the existing fee structure for Special Event Permits and Occupational Licenses and provide comments and recommendations. Also, the Commission will need to determine an implementation date should a new fee schedule be adopted; possible alternatives include effective immediately, a specified time in the future or retroactive to January 1, 1993. Licensing Official Gretchen Mason reported that the current Occupational License Fee is $7.50, and that in some instances a promoter or sponsor of an event is charged a flat fee of $100.00. After-discussion, the Commission concurred to have Staff review the existing fee structure for Special Events and Occupational Licenses and provide comments and recommendations for an alternative fee schedule. Also, Staff to determine the total fees payable by All Souls Catholic Church for the recent Mardi Gras Festival, for possible consideration of charging a similar fee for the St. Johns River Festival Arts and Craft Show. (City Attorney William L. Colbert and Assistant City Attorney Donna McIntosh present.) Request from Community Coordinated Child Care for Central Florida, Inc. ("4C"), for City contribution in amount of $5,000.00, for child care/family services director~. Phoebe Carpenter, President, 4C, requested that the City participate in funding a child care/family services directory. Mayor Smith reported that the City has had to turn down funding for other worthwhile causes because the City does not have money for social services. The Commission regretfully denied the request for funding due to current economic conditions. Request from First Baptist Church, to place a "sandwich" sign on the sidewalk each Wednesday, from 7:30 P.M. to 9:00 P.M., in front of the Church sanctuary. (Commissioner Thomas absent from the meeting.) After discussion, the Commission referred this item to tonight's Regular Meeting for City Commission consideration. Request from Marcel J. Surin, for waiver of City Code, Chapter 4, Section 4-43, to permit more than three (3) dogs and three (3) cats on the premises at 1416 Valencia Court West. (Commissioner Thomas present.) Building Inspector Linda Gentry reported that she spoke with Mr. Surin at his residence, at which time, she observed two cats and four dogs, one of which was approximately sixteen (16) years old; hard of hearing and partially blind. MINUTES City Commission, Sanford, Florida Work Session 525 February 22, 1993 Commissioner Eckstein reported that he would like to make an exception in this case, and approve the requested waiver because the dog is elderly, and in poor health. Commissioner Thomas concurred. Recommendation from the Historic Preservation Board, tochange the name of Ma~noliaMall to Magnolia Square. The consensus of the Commission was to approve the name change of Magnolia Mall to Magnolia Square as recommended by the Historic Preservation Board. FY 93/94 Goals and Ob)ectives. City Manager reported that Staff will begin preparing the draft FY 93/94 budget for presentation to the Commission in early July, 1993, and that the City is working with flat revenues as in past years. Further, the Commission may want to start thinking about what, if any, changes should be reflected in the proposal i.e. allocation of resources and setting priorities. The Commission concurred to discuss this item further at the next Work Session. Transient Rental Housing Standards/Requirements. Director of Planning and Development Jay Marder reported that the latest version of the proposed ordinance narrows the scope of "transient rental housing", to allow code enforcement officers to look at individual dwelling units on a case-by-case basis, to ascertain whether they fall under the definition of "transient rental housing". City Attorney reported that Mt. Dora's ordinance provides for the automatic inspection of dwellings upon disconnection of electrical service, and that the City has the authority to require Florida Power and Light Corporation to notify the City prior to re- connection of such service when occupancy changes. Further, the City could modify the Occupational License to include a right to inspect upon reasonable notice provision. Commissioner McClanahan reported that the Occupational License provides for yearly inspection of dwellings, and proposed that Staff and City Attorney pursue modification of existing regulations for possible expansion of inspection rights. After discussion, the Commission concurred to have City Attorney review Occupational License requirements to determine how they relate to inspections, and other existing regulations i.e. ordinances and resolutions for possible expansion of inspection rights. Requests from William Roystere Receiver for Midway-Canaan Water Association. William Royster, Receiver, Midway-Canaan Water Association ("Midway"), distributed Midway~s 1993 Projected Expenditures, and stated that Midway needs approximately $21,000.00 per month to begin paying off past water bills, to fund meter deposits, and to build up reserves for repair and replacement. He requested that the City either charge Midway the same water service rates as City residents or grant a 25% discount, and waive accumulated delinquent fees. City Manager reported that bonding covenants require the City to charge the same rates to all customers in a class. However, the City 'has the ability to declare Midway a distinct class of customer because it maintains and operates its own system including meter reading, line repairs and customer billing, thereby allowing the City to establish a different rate. (Commissioner McClanahan absent from the meeting.) 524 MINUTES City Commission, Sanford, Florida Wnrk S~ssio~ Mr. Royster reported that in order to pay the City $10,000.00 per month, which is the current charge for water service, Midway must generate $14,800.00 a month in revenues; January's billing receipts were $12,000.00. Further, he does not foresee a problem increasing the rates up to $15,000.00 in revenue, however, this would not provide sufficient monies to pay off past due monies or the receiver. Also, he hopes to be current with the water bill by June, 1993. (Commissioner McClanahan present.) On recommendation of City Manager, the consensus of the Commission was to declare Midway a distinct class of customer based on the fact that Midway maintains and operates its own system including meter reading, line repairs and customer billing. Also, to waive late charges accruing since August of 1992, and to eliminate the 25% surcharge; all conditioned upon submittal and approval of a satisfactory payment schedule. Also, rate reduction and waiver of accumulated late charges to be in effect through September 30, 1993, with possible renewal each year after review. (Mayor Smith recessed the meeting for approximately five minutes, then reconvened the meeting.) Position Description Revisions for Police Chief and Fire Chief. City Attorney reviewed options to accomplish the desired position description revisions for Police Chief and Fire Chief, which included: 1) submit proposed revisions as outlined and recommended in memo dated January 26, 1993, from Personnel Director to the Civil Service Board for approval, 2) amend Section 2-328 of the Civil Service Ordinance, which would allow the City Commission to modify the Classification and Pay Plan without Civil Service Board approval; requires and extraordinary vote, and 3) eliminate both positions from the City Charter, which would require amending said City Charter by referendum. Commissioner McClanahan reported that he is in favor of referring the proposed position description revisions to the Civil Service Board for approval. City Manager reported that should the Commission wish to proceed in this direction, the proposed position description revisions are ready for transmittal to the Civil Service Board. Mayor Smith reported that she is opposed to lowering the standards for Police Chief and Fire Chief, especially when other Cities are raising them, and that she will vote against referring this item to the Civil Service Board. Commissioner Thomas concurred with Mayor Smith's comments. Site 10, Contract II. Assistant City Attorney Donna McIntosh reported that in light of the failure of the contractor to successfully complete Contract II, the existing on-site conditions as of December 9, 1992, and the upcoming rainy season, Conklin, Porter and Holmes has concluded that there is an emergency situation at Site 10, and, therefore, a proposed resolution regarding same has been prepared and distributed. Also, the proposed resolution includes memorandum dated February 22, 1993, from Conklin, Porter & Holmes, and should the Commission adopt said resolution, it will be necessary to incorporate the testimony from tonight's Work Session and Regular Meeting as well. MINUTES City Commission, Sanford, Florida ~h[or_k_So..~.~ i c~ 525 19 93 w~lliam Holmes, Conklin, Porter & Holmes, reported that Site 10 is under four environmental permits, that the contractor failed to meet various requirements associated with said permits, which has caused the site to be left in an exposed non-vegetated manner. Also, the contractor never established a grass cover to prevent erosion. Further, due to the contractor's non-conformance of contract requirements, and the present conditions of Site 10, there is potential for water runoff with the next rainfall thereby exposing the City to a number of permit conditions which carry stiff penalties. Further, upon inspection of Site 10 in December, 1992, it was determined that immediate action was needed to prevent the occurrence of saltation of wetlands. Further, because the contractor and the bond company have not picked up the project, the City is responsible for getting the work done, and that the only way to complete said work in a timely manner is through change orders. City Attorney reported that at a meeting approximately four (4) weeks ago, bond counsel stated that the City could expect a proposal within a week; no proposal has been received to date. Further, based on the concerns mentioned by consulting engineers and their memorandum, this office is convinced that it would not be in the City's best interest financially and otherwise, to leave Site 10 in an unattended manner. Assistant City Attorney reported that there is no Florida case law to support this type of action, however, there is a body of case law which requires the city to mitigate damages that exist whenever a breach of contract occurs. Further, based on the fact that the City will allow degradation and damages to occur if it abides by the bidding process, this office believes an emergency situation exists. City Manager reported that there is approximately $800,000.00 in the bank, which was unpaid to the contractor, that the estimated outside costs to complete the work at Site 10 is 2.1 million dollars, with a difference of about 1.4 million dollars. Further, although the bonding company should stand responsible for this work, the City will probably have to litigate to recoup these monies. Contract with Universal Engineering in amount of $7,058.00, for evaluation of conditions of Site 10e Contract II. On recommendation of City Manager, the Commission referred this item to tonight's Regular Meeting for City Commission action. (Mayor Smith recessed the meeting for approximately 10 minutes, then reconvened the meeting.) Municipal Speed Limits. City Manager reported that the State Attorney General has issued an opinion that it is unlawful for a municipality to post speed limits lower than 25 miles per hour, and that there are some 15 mile per hour speed limit signs posted in the City, which will be removed. Renewal of Contract with the State of Florida Department of Health and Rehabilitative Services, for funding in amount of $97,333.00, for the LIHEAP Program. On recommendation of City Manager, the Commission referred this item to tonight's Regular Meeting for City Commission consideration. 5 2 6 MINUTE'S City Commission, Sanford, Florida Work Session 1993 Request from K-Mart to extend tent permit, and to park twenty-five (25) trailers in the K- Mart parking lot. City Manager reported that on February 8, 1993, the City Commission considered a request from K-Mart to extend their tent permit for thirty (30) days, and to park twenty-five (25) trailers in the K-Mart parking lot from February 8 through May 30, 1993, however, the time sequence was erroneously picked up on the Agenda as February 8 through March 30, 1993, and consequently approved for said duration. The Commission concurred that approval to park trailers should be from February 8 through May 30, 1993, as originally requested. Sanford Welcome Signs. City Manager reported that unless otherwise directed, Staff will proceed with installation of Sanford Welcome Signs at locations as described in memo dated February 5, The 1993, from Public Works Director, and discussed at the February 8, 1993, Work Session. Commission concurred with placement of signs as indicated. Community Liaison Committee to the Police Department. After discussion, the Commission concurred to establish a Committee consisting of two citizens from each district, Chief Russell. Access 93 Georgetown Meeting. Community Liaison as recommended by Acting Police Deputy City Clerk confirmed that members of the City Commission received the Access 93 Georgetown Meeting Agenda for March 2, 1993. "The Party Machine." Acting Police Chief Russell reported that there have been numerous complaints regarding noise, trash, and patrons'of "The Party Machine" parking their vehicles on private property. Further, the owner of this establishment has applied for and received an alcoholic beverage license from the State, but has failed to secure a Certificate of Registration from the City as previously authorized by the City Commission. Also, the health department advises that this establishment cannot sell food. The Commission concurred to notify the owner of "The Party Machine" that he has three (3) days in which to obtain a Certificate of Registration from the City. There being no further business, the meeting was adjourned. Attest: y '~i-~y Clerk -