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022293-Regular MeetingMINUTES City Commission, Sanford, Florida Regular Meeting 527 Februar] 22 19 93 Monday, Sanford, Florida. Present: The .City Commission of the City of Sanford Florida met in Regular Meeting on February 22, 1993 at 7:00 o'clock P.M. in the City Commission Room, City Hall, Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner A. A. McClanahan Commissioner Lon K. Howell City Attorney William L. Colbert City Manager William A. Simmons Deputy City Clerk Linda L. Brace Absent: City Clerk Janet R. Donahoe The Chairman called the meeting to order. Public Hearing to consider an Appeal of the Denial of a Conditional Use for Alcoholic Beverage Sales (Class i Registration) at 1301 Celery Avenue, in an RC-1, Restricted Commercial, Zoning District, as advertised in the Sanford Herald on February 10, 1993. Deputy City Clerk reported that the notice of public hearing was posted on February 16, 1993, and the owner notified on January 26, 1993. City Attorney reported that the Commission will be limited to the review of testimony and evidence entered into the record and presented at the Planning and Zoning Commission Meeting of January 21, 1993, which included Minutes of said Meeting, and Staff recommendations. Further, individuals who appeared before the Planning and Zoning Commission may give testimony, but cannot introduce new evidence. Further, after reviewing the aforesaid record, the Commission will be considering whether there is competent and substantial evidence to support the Planning and Zoning Commission's decision, whether the applicant was provided procedural due process, whether or not the Planning and Zoning Commission departed from essential requirements of the law, and whether or not to affirm or overturn the Planning and Zoning Commission's decision to deny the conditional use. The Chairman announced that the Commission would hear from those persons present to speak regarding this appeal. Pat Mitchell, 1309 Mellonville Avenue, appeared and reported that she lives in the Georgetown area where this store is located, that there is a minimum of four beer and wine stores within a five block radius, at least three of which are experiencing problems, and asked why this is being allowed. Carylon Cohen, 123 Anderson Avenue, appeared and reported that her daughter Shauna Cohen spoke at the Planning and Zoning Commission Meeting on behalf of her and her mother. Further, the number one criteria considered when buying her mother's home was that the neighborhood was peaceful, quiet and controlled. Further, she will not risk her mother's comfort and security in order for someone to operate a business. Also, Mr. Pennington indicated that customers will access the establishment from Mellonville Avenue, which is a busy road and thoroughfare for school buses, cars and ambulances. Further, pursuant to the Planning and Zoning Commission Meeting Minutes, Mr. Pennington lives in Longwood, not Sanford, and proposed that he locate his business in the City where he resides. She stated that what is profitable for Mr. Pennington will be detrimental to residents in the area, and urged the Commission to deny the request for conditional use. Commissioner Howell reported that since the City Commission is limited to considering testimony and evidence which was presented at the Planning and Zoning Commission Meeting, individuals giving testimony should be furnished with a copy of the Minutes of said Meeting for reference. 528 MINUTES City Commission, Sanford, Florida Regular Meeting February 22 19 93 City Attorney reported that the Planning and Zoning Commission's motion to deny the conditional use was based on the fact that the property does not meet set back requirements, and that the issue is not whether the convenience store can exist, but rather whether the store can sell beer and wine. Alfred Pennington, 132 Glendale Drive, Longwood, applicant, appeared and reported that he spoke with people in the community who are excited about this store, but did not bring them because he was told, when he filed the appeal, that no new testimony or material could be presented, and that it is unfair to allow other people to do so tonight. Further, he owns fourteen pieces of property in Sanford, and pays over $15,000.00 a year in taxes for same. Further, he tries to be a role model, that he cannot control what people do, and that he does not associate with people who do drugs. Further, before purchasing this property, he spoke with individuals on the Planning and Zoning Commission, who indicated that there would be no problem with this type of use. Joyce Jones, 1319 Douglas Street, appeared and reported that she is not opposed to the convenience store, but to the sale of alcoholic beverages. Further, residents are trying to encourage young people to get off the streets, and that drunks and drug addicts hang around these types of stores, which does not portray a good image for the community. Also, she circulated a petition around the neighborhood, but cannot present same. Mayor Smith requested City Attorney to assist with the determination of what testimony the Commission should and should not consider. City Attorney reported that this is an advertised public hearing, and, therefore, individuals are permitted to speak. However, the Commission can only consider those issues which are contained in the record. Bernard Mitchell, 1327 Douglas Street, appeared and requested that the Commission consider the Planning and Zoning Commission's recommendation to deny the sale of beer and wine at this location. Mayor Smith asked for a show of hands from those individuals in the audience who were in favor of the requested conditional use. City Attorney reported that the Commission cannot consider this type of information. Gentleman, 1310 Douglas Street, appeared and reported that he is not opposed to the convenience store, but the sale of alcoholic beverages. Charles Jones appeared and reported that if Mr. Pennington had come to his home, he would have discouraged him from buying the store, and, as a good role model, he should consider withdrawing his request. Further, there are already four or five liquor stores in the area. Carylon Cohen appeared and reported that the property does not meet set back requirements, and requested that the Commission deny the requested conditional use. Janet Pennington appeared and reported that although the property does not meet setback requirements, said property was grandfathered in at the time it was purchased. City Attorney reported that this property was previously operated as a bicycle repair shop and a furniture store, and grandfathered in as a commercial parcel. Further, a conditional use permit to sell beer and wine was never authorized by the City Commission, and, therefore, such use does not apply to this property. CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: REQUEST FOR A CONDITIONAL USE 1301 CELERY AVENUE The City Commission, based on the clear and convincing evidence contained in the record created before the Planning and Zoning Commission on January 21, 1993, makes the following FINDINGS OF FACT, CONCLUSION OF LAW and enters the following.ORDER: FINDINGS OF FACT (1) That the property located at 1301 Celery Avenue is Zoned RC-1, Restricted Commercial and includes approximately .3 acres or 14,500 square feet. (2) That the property includes an existing building that does not appear to meet the required building setback of 25 feet for front yards in the RC-1 Zone. (3) That the remainder of the property appears to be paved. (4) That the property is adjacent to offices, tire sales, automobile repair, single-family dwellings and vacant land. CONCLUSION OF LAW (1) That Petitioner's application does not meet the twenty-five (25) foot building setback standards for front yards, as required by the City of Sanford Land Development Regulations, Schedule C. (2) That the location of the requested Conditional Use Permit is adverse to the public interest of the City of Sanford. ORDER THEREFORE IT IS ORDERED that Petitioner's request for the Conditional Use Permit is denied. DONE and ORDERED this 26th day of~~.F~ebruary~ ~ MA~R' ~T~YE D.-SMITH ATTEST: ~ Clerk I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to ALFRED G. PENNINGTON, 132 Glendale Drive, Longwood, Florida 32750, this 26th day of February, Deputy City Clerk MINUTES City Commission, Sanford. Florida Reg u 1 ar Meeting 529 February 22 19 93 The Commission reviewed the testimony and evidence contained in the record created before the Planning and Zoning Commission, and concluded that the building does not meet the minimum twenty-five (25) foot set back requirements. Commissioner Howell moved to find that there was competent and substantial evidence ~to support the Planning and Zoning Commission's decision, that the applicant was provided procedural due process, and that the Planning and Zoning Commission did not depart from essential standards of law. Also, to deny the request for Conditional Use for Alcoholic Beverage Sales (Class 1 Registration) at 1301 Celery Avenue, and to adopt the Findings of Fact, Conclusions of Law, and Order attached hereto and made a part of these Minutes as though fully and completely set forth in these Minutes. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye (Mayor Smith recessed the meeting for approximately five minutes, then reconvened the meeting.) Public Hearing to consider an Appeal of the Denial of a Conditional Use for Automotive Dealer Sales (retail and wholesale) for a non-conforming structure at 2507 South Sanford Avenue, in a GC-2, General Commercial, Zoning District, as advertised in the Sanford Herald OnFebruary l0w 1993. (Commissioner Howell absent from the meeting.) Deputy City Clerk reported that the notice of public hearing was posted on February 16, 1993, and the owner notified on January 26, 1993. The Chairman announced that the Commission would hear from those persons present to speak regarding this appeal. Also, this appeal hearing will be governed by the same procedures as the preceding appeal hearing. (Commissioner Howell present.) Lakhan Singh, 233 South Aberdeen Circle, applicant, appeared and reported that he operates a service station at 2507 Sanford Avenue, and that occasionally customers ask if there are any cars for sale. Also, he would like to display two cars in front of the property, and that there is room behind the building for the remaining automobiles. Also, the vehicles that are in disrepair at this location will be removed by February 24, 1993. The Commission reviewed the testimony and evidence contained in the record created before the Planning and Zoning Commission, and concluded that there is an existing deficiency configuration of the building on the site, which does not provide sufficient area to display vehicles. Commissioner Eckstein moved to find that there was competent and substantial evidence to support the Planning and Zoning Commission's decision, that the applicant was provided procedural due process, and that the Planning and Zoning Commission did not depart from essential standards of law. Also, to deny the request for Conditional Use for Automotive Dealer Sales (retail and wholesale) for a non-conforming structure at 2507 South Sanford Avenue, and to adopt the Findings of Fact, Conclusions of Law, and Order attached hereto and made a part of these Minutes as though fully and completely set forth in these Minutes. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: 530 MINUTES City Commission, Sanford, Florida Regular Meeting February 22 19 93 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Clara Black Delano, to allow an individual to utilize an 18' X 14' structure at 801 Magnolia Avenue as a single-unit residence. Clara Delano, 801 Magnolia Avenue, appeared and withdrew her request. No further action required or taken. 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, as discussed at tonight's Work Session. Commissioner McClanahan moved to deny the request for waiver of City Code, Chapter 4, Section 4-43, to allow more than three dogs and three cats on the premises at 1416 Valencia Court West. Seconded by Commissioner Howell. Said motion failed by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Nay Commissioner Thomas Nay Commissioner McClanahan Aye Commissioner Howell Aye Commissioner Eckstein moved to approve waiver of City Code, Chapter 4, Section 4- 43, to permit a fourth dog on the premises at 1416 Valencia Court West, conditioned upon said dog not being replaced upon his death. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Nay Commissioner Howell Nay Requests for S~ecial Event Permits. Request from Maranatha New Life Center, for Arts and Crafts Bazaar, and BBQ, on March 20, 1993, from 8:00 A.M. to 5:00 P.M. [15 Participants - Projected Spectators 100]. Be Request from S.H.D.W.A., for Antique Car Show, with entertainment, on March 6, 1993, from 6:00 P.M. to 12:00 midnight [150 Participants - Projected spectators 1000]. Ce Request from Chamber of Commerce, for St. Johns River Festival Arts and Crafts Show on March 6 and 7, 1993, from 6:00 A.M. to 5:00 P.M. at Fort Mellon Park [100 Participants - Projected spectators 5000]. The Commission referred this item from tonight's Work Session. On recommendation of City Manager, Commissioner Thomas moved to approved Special Event Permits for A, B and C, above. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from Jeffrey Murray dba J & S Snack ShoD, for Open-Air Restaurant at 2425 South French Avenue (Highway Oil Co.). On recommendation of City Manager, Commissioner Thomas moved to deny said request for an Open-Air Restaurant, based on the fact that there is insufficient paved area to accommodate a hot dog stand and additional customer parking. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: REQUEST FOR A CONDITIONAL USE 2507 SOUTH SANFORD AVENUE The City Commission, based on the clear and convincing evidence contained in the record recreated before the Planning and Zoning Commission on December 17, 1992, makes the following FINDINGS OF FACT, CONCLUSION OF LAW and enters the following ORDER: FINDINGS OF FACT (1) That the property at 2507 Sanford Avenue is zoned GC-2, General Commercial, and presently contains a building with no side yard setbacks. (2) That there are no automobile dealer sales establishments along 25th Street in the immediate area of the property at the present time. That various automobile dealer sales establishments are located on Sanford Avenue, generally south of 26th Street. That the location of the existing building does not conform to existing front yard building setbacks and does not provide sufficient land area to permit proper display of vehicles. (3) That the property is adjacent to a gasoline service station with automobile repair activities. That the service station is owned by the same owner as the site. CONCLUSION OF LAW (1) That Petitioner's application has existing deficient configuration of the building on the site, which does not provide sufficient area to display vehicles. (2) That the location and configuration of the requested Conditional Use Permit is adverse to the public interest of the City of Sanford. ORDER THEREFORE IT IS ORDERED that Petitioner's request for the Conditional Use Permit is denied. DONE AND ORDERED this 26th day of February, 1993. MAYOR ~TYE D 'SMITH I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to LAKHAN P. SINGH, 233 South Aberdeen Circle, Sanford, Florida 32771, this 26th day of February, 1993. MINUTES City Commission. Sanford, Florida Regular Meeting 531 February 22 19 93 Jeffrey Murray, Manager, Highway Oil Co., appeared and reported that there is sufficient space for a snack cart and customer parking in the alley behind the property, which has access off of 17-92 as well as 24th Street, with adequate visibility. The Commission suggested that Mr. Murray meet with City Manager and provide a proposed site plan, for City Commission consideration. AcceDtance of Hopper Academ~ Property from Seminole County School Board, for conveyance to Community Improvement Association of Sanford ("CIAS"). Commissioner Howell reported that he has been involved in fund raising for Hopper Academy, and that he will file a Conflict of Interest Form with the City Clerk's Office. On recommendation of City Manager, Commissioner Eckstein moved to accept the Hopper Academy Property from the Seminole County School Board, for conveyance to the Community Improvement Association of Sanford by Quit Claim Deed, based on prior consideration of request and environmental audit. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Abstained Request from WilliamRoyster, Receiver for Midway-Canaan Water Association ("Midway"), for reduced water charges, and suspension of delinquent fees, as discussed at tonight's Work Session. City Manager reported that pursuant to discussion at tonight's Work Session, the consensus of the Commission was to declare Midway a special class of customer based on the fact that Midway maintains and operates its own utility system including meter reading, line repairs and customer billing. Also, to waive delinquent charges accruing since August of 1992, and to eliminate the 25% surcharge, as a basis for Midway paying the City for past due monies in estimated amount of $160,000.00; all of which is conditioned upon satisfactory performance and payment schedule, with possible renewal each year. On recommendation of City Manager, Commissioner Thomas moved 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. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Rec~i~i, endation from Historic Preservation Board, to change the name of Magnolia Mall to Magnolia Square. Commissioner Howell moved to approve the name change of Magnolia Mall to Magnolia Square. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye 532 MINUTES City Commission, Sanford, Florida Reqular Meeting February 22 19 93 Seminole County CDBG Citizen Advisory Board. Commissioner Thomas moved to appoint Willie King, as City representative, to the Seminole County CDBG Citizen Advisory Board. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Recommendations from Planning and Zoning Commission Meeting of Thursday, February 4, 1993. Commissioner McClanahan moved to approve the sale of beer and wine in a restaurant (Class 5 Registration), for property located at 503 Sanford Avenue in a GC-2, General Commercial, District, conditioned upon interior door between adjacent business be locked during business hours. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Consent Agenda. A. Requests for payment of statements. (1) From Jammal & Associates for Vacuum Sewer Collection System, Contract I ........................................ $ 265.00 (2) From Universal Engineering Sciences, Inc., for: (a) Water Reclaimed Facility Expansion ................... $ 185.00 (b) Clearing, Grading - Ponds & Stormwater Management System, Site 10, Contract II ........................ $ 1,477.50 (c) Water Reuse System Master Pump Station, Grove Irrigation System, Contract III ...................... $ 7,208.00 (3) From City Attorney for Professional Services for the Month of January, 1993 ................................ $ 8,955.00 B. Tabulation of Bid 992/93-26, Sanding/Refinishing Stage [Civic Center] (Parks and Recreation Department). City Manager recommended acceptance of lowest bid, which met specifications, from Beynon's Floors and Walls in amount of $2,320.00. C. Approval of Minutes of February 8, 1993, Work Session and February 8, 1993, Regular Meeting. On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: the Commission: A. B. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Approved payment of statements (1) through (3). Accepted lowest bid, which met specifications, from Beynon's Floors and Walls in amount of $2,320.00. C. Approved Minutes of February 8, 1993, Work Session and February 8, 1993, Regular Meeting. Information regarding invoices paid during the period for previously approved lump sum contracts. The Commission acknowledged seven (7) invoices totalling $481,513.17. Adoption of Resolution 1652. Commissioner Howell moved to adopt Resolution No. 1652, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, PROCLAIMING MARCH 1993 AS "VIOLENCE-FREE COMMUNITY MONTH' IN SANFORD, FLORIDA AND CALLING UPON ALL CITIZENS, GOVERNMENT AGENCIES, PUBLIC AND PRIVATE INSTITUTIONS, BUSINESSES, ORGANIZATIONS, AND SCHOOL IN SANFORD TO PROMOTE AWARENESS OF VIOLENCE AND OPPORTUNITIES TO ESTABLISH SAFER, HEALTHIER COMMUNITIES. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Howell, Lon K. City Commission MAILING ADDRESS q109 South Park Avenue CITY ('OUNTY Sanford Seminole DATE ON WHICH VOI'E OCCURRED 02-22-93 THE BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH [ SERVE IS A UNll' OF: ~X CITY . : COUNTY - ~ OTHER I.OCA£ AGENCY NAME OF POLITICAL SUBDIVISION: Cit~/ of Sanford MY POSITION IS: X..; ELECq-IVE i ] APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will Vary greatlydepending on whether you hold an elective or appointive position. For this reason, please pay close a~tention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112;3143, FLORIDA. STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local-, public office MUST ABSTAIN from'voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: 'PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive cb~niy, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gainof a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature Of t~he~conflict before making any attempt to influence the decision by oral or written communication, whether tnade by the officer or at~h!.~ directioh..~ % ~ . , - IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEEZI'ING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided imlnediately to the other members of the agency. · The [orm should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minu~ of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Lon K. Howel 1 , hereby disclose that on February 22 i asure came or will come before my agency which (check one) ed to my special private gain; or V~inured to the special gain of ('_~'~/~ (b) The measure before my agency and the nature of my interest in the measure is as follows: Consideration of acceptance of Hopper Academy Property from Seminole County School Board, for conveyance to Community Improvement Association of Sanford ("CIAS") by Quit Claim Deed. I have been involved in fund-raising with Hopper Academy. ,19 93 , by whom I am retaine Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE. DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN( IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION I SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. MINUTES City Commission, Sanford; Florida Regu 1 ar Meet i ng 533 February 22 1993 Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Proposed Position Description Revisions for Police Chief and Fire Chief, as discussed at tonight's Work Session. Commissioner McClanahan moved to forward the proposed revised position descriptions for Police Chief and Fire Chief, as described in memo dated January 26, 1993, from Director of Personnel, to the Civil Service Board for approval. Seconded by Commissioner Howell. Mayor Smith reported that she is opposed to lowering the standards for Police Chief and Fire Chief, and that she will be voting against the motion. Commissioner Eckstein reported that there are individuals in the Police Department who do not have the required education, but have proven themselves to be worthy of City Commission consideration, and that he will support the motion. Commissioner McClanahan reported that he believes in experience and dedication very deeply, that promoting from within sends a positive message to the other employees, and that individuals who work hard and acquire the experience will be considered. Commissioner Thomas reported that although he is supportive of Acting Police Chief Russell, he has talked with several individuals who feel that the City should not be lowering the standards, and that he too will vote against the motion. Commissioner Howell reported that two years ago the City hired a City Manager with no experience, which has proven successful, and that he believes experience goes a long way. The Chairman called for the vote of the aforesaid motion to forward the proposed position descriptions for Police Chief and Fire Chief, as described in memo dated January 26, 1993, from Director of Personnel, to the Civil Service Board for approval. Said motion passed by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner McClanahan Aye Commissioner Howell Aye Site 10, Contract II, as discussed at tonight's Work Session. City Attorney reported that in December of 1992, the Commission authorized the termination of Site 10, Contract II, due to contractor's non-performance. Further, City Attorney's Office, Consulting Engineers, and City Staff have attempted to work with the bond company and bond counsel to have the bond company perform the balance of the contract, which has not occurred. Further, based on the concerns as outlined in memorandum dated February 22, 1993, February 17, 1993, and December 29, 192, from Conklin, Porter & Holmes, a resolution has been prepared for City Commission consideration. William Holmes, Conklin, Porter & Holmes, appeared and reported that in December of 1992, the contractor failed to establish adequate ground cover and water maintenance on Site 10, and to comply with a number of permit conditions from Florida Department of Environmental Regulation, specifically to provide saltation screens and barriers and to vegetate the site prior to any water runoff, and that the City is liable for any of the conditions and deterioration which might occur as a result of said non-compliance. Further, this is an extraordinary condition, that time is of the essence due to the approaching rainy season, and that the only way to complete the work in a timely manner is throuah chanae 5 3 4 MINUTES City Commission, Sanford, Florida Regular Meetinq February, 22 19 93 orders. City Manager reported that while the request is for authorization to negotiate change orders and to prevent further environmental degradation, Staff will work toward competitive bidding when possible. Further, the proposed resolution contains a competitive price not to exceed 2.1 million dollars, for completion of the work. Adoption of Resolution No. 1653. On recommendation of City Attorney's Office, Conklin, Porter & Holmes, and City Manager, Commissioner Thomas moved to adopt Resolution No. 1653, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, DECLARING AN EMERGENCY AT SITE 10 RESULTING FROM CONDITIONS AT SITE 10 AS OF DECEMBER 9, 1992, THE FAILURE OF THE CONTRACTOR, FOUNTAIN CONSTRUCTION COMPANY, INC. (FCCI) TO SUCCESSFULLY COMPLETE CONTRACT II, AND THE UP-COMING RAINY SEASON; AUTHORIZING THE CITY MANAGER TO EXPEDITIOUSLY COMPLETE THE WORK REQUIRED IN CONTRACT II WITHOUT UTILIZATION OF COMPETITIVE BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A COMPETITIVE PRICE FOR COMPLETION OF CONTRACT II NOT TO EXCEED 2.1 MILLION COLLARS; AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS, IF POSSIBLE, WITH CONTRACTORS ON SITE 10 TO COMPLETE CONTRACT II; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. Said Resolution to include the testimony presented at tonight's Work Session and the Regular Meeting, as recommended by Assistant City Attorney. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Contract with Universal Engineering regarding Site 10, Contract II, as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner McClanahan moved to authorize execution of said Contract with Universal Engineering in amount of $7,058.00, for documentation of conditions at Site 10. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Renewal of Contract with the State of Florida Department of Health and Rehabilitative Services regarding the LIHEAP Programt as discussed at tonight's Work Session. On recommendation of City Manager, Commissioner Howell moved to authorize execution of said Contract with the State of Florida Department of Health and Rehabilitative Services in amount of $97,333.00, for low income energy assistance funding. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye "WINS 25" Demonstration Affordable Housing Project, as discussed at tonight's Work Session. Commissioner Thomas moved to authorize Staff to prepare and submit an application to Seminole County, requesting funding in amount of $250,000.00 from surtax on State of Florida Documentary Stamps, for acquiring additional lots under the "WINS 25" Demonstration Project, to facilitate affordable housing. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida Mayor 5miun Aye Commissioner EcKsteln Aye Commissioner Thomas Aye Con~issioner McClanahan Aye Commissioner Howell Aye Regular Meetinq 535 February 22 Request from First Baptist Church, to place a "sandwich" si~non the sidewalk each Wednes~_ay, from 7:30 P.M. to 9:00 P.M., in front of the Church sanctuary, as discussed at to-lght's Work Session. Commissioner Thomas moved to approve request to place a "sandwich" sign in front Seconded by Commissioner Howell and carried by the of the Church sanctuary as requested. vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Audience Participation. Jack Faulkner, Treasurer, Disabled American Veterans, appeared and read a statement on behalf of the American Legion, Veterans of Foreign Wars, Fleet Reserve, and Knights of Columbus, alleging that Sanford Bingo is running an illegal bingo operation in the City of Sanford, and requested that the City conduct an investigation. Further, Sanford Bingo poses a threat to every legitimate bingo operation in the area. Also, said organization is in violation of Florida Statutes Section 049.092, which specifies that the sponsoring charity must be within a fifteen (15) mile radius of the bingo operation. Also, bingo workers must be volunteers and members of the sponsoring charity for at least three years, and receive no compensation, and that Sanford Bingo pays callers $50.00 a night and floor workers $35.00 a session. Further, a complaint was filed January 28, 1993, and a copy of same forwarded to the State Attorney's Office, the Seminole County Commission, and the Seminole County Sheriff's Office. Acting Police Chief Russell reported that the situation is being investigated. Further, George Wallace is the attorney for Sanford Bingo. Mildred Godfrey, 1600 West 12th Street, appeared and reported that nothing has been done to resolve the drug problem which she spoke about at the last meeting. Ms. Godfrey stated that vacant properties owned by Margaret Jones, on Lincoln Court, are being used as crack houses, and requested that said structures be torn down. Also, the lot across the street from her house needs to be cleared. Also, it is dangerous to print the names of individuals who appear before the Commission regarding drug situations. Acting Police Chief Russell reported that he initiated a bike patrol on both the east and west side of town, and that six (6) arrests were made last week. Cliff Weitzel, 411 Palmetto Avenue, appeared and reported that there are abandoned vehicles, boats, trailer, etc. in the. alley directly behind his property on Palmetto Avenue between Third Street and Sixth Street (Brandon's Kitchen), and requested that the City assist in removal of same. Johnell Jackson, 161Bethune Circle, appeared and reported that there are laws that deal with drug dealing activities, nuisance, and loitering, which include Florida Statutes Section 823-05, 823-11, 823-10, etc., and that the City should be utilizing said laws to eliminate these types of problems. Also, individuals are not obtaining permits to burn items over barrels as required. 19 93 536 MINUTES- City Commission, Sanford, Florida Requ 1 ar Meet i ng February 22 19 93 Audrey Tillson, 2510 Myrtle Avenue,.appeared and reported that she understood that "The Party Machine" was granted a beer and wine license conditioned upon patrons being 21 years of age or older. Also, teenagers gather in the street at this location, throw beer bottles, and present a noise problem. City Manager reported that this item was discussed at tonight's Work Session, and that the Commission concurred to give the owner three (3) days in which to obtain a Certificate of Registration from the City. Ralph Parker appeared and reported that the sign in front of "The Party Machine" was changed to read "ALL AGES on Friday and Saturday Nights", and submitted photographs of said sign. Also, a petition was circulated and 100 signatures were obtained, but could not be submitted at the appeal hearing. Also, there are loud noises between the hours of 11:30 P.M. and 3:00 o'clock in the morning, and drugs and alcohol are present at this location. Bernard Mitchell appeared and reported that the City Commission did not provide advice or direction regarding the problems presented by Ms. Godfrey at the last meeting including drug sales and the presence of human waste, which is a health hazard and should be looked into by the Health Department. Louis Knight, Jr., 1571 Gardner Avenue, appeared and asked what plans the City Commission has initiated to address the housing needs of the poor, and the littering and loitering problem in the black neighborhoods. There being no further business, the meeting was ad~Durned. 'M - Attest: ~lerk