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112795-Work Session34 E405354 MINUTES City Commission, Sanford, Florida Nnvemher ?7, The City Commission of the City of Sanford, Florida, met in Work Session on Monday, November 27, 1995 at 5:00 o'clock P.M. in the City Manager's Conference Room~ City Hall, Sanford, Florida. Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty Present: The Chairman called the meeting to order. 19 95 San~ord Air~ort Authority ("Airport") O~eration/Use Agreement. Kay Shoemaker, Member Sanford Airport Authority and Steve Cooke, Director of Aviation, Sanford Airport Authority, were present. On request of Commissioner Howell, the City Attorney will contact the City's Bond Counsel to obtain an opinion relative whether or not the proposed lease agreement will facilitate the issuance of bonds and result in any cost savings. Steve Coover, Attorney, Sanford Airport Authority, reported that the bond market will determine whether or not bonds will sell, and that the issue is not whether the lease will save money, but whether or not people wilI part with their money to purchase the bonds. Mr. Coover submitted a reviewed a letter dated November 9, 1995, from Squire, Sanders and Dempsey, Bond Counsel for the Airport, in which Bond Counsel opines that City Resolution No. 1315 creates a potential risk that the City could revoke the agency relationship, that most bond purchasers are not willing to assume such a risk, that the proposed agreement provides a comfort level to the bond purchasers, and that said letter was sought because it was suggested that the Airport might have a hidden agenda. The City Attorney reported that the City would be acting as a conduit similar to what the City did for Cardinal Industries and Howell Place, and that neither the City nor the Airport would have any underlying liability if Central Florida Terminals defaults. Commissioner Eckstein asked that a copy of the contract between the Airport and Central Florida Terminals be provided for City Commission review, and stated that he received a telephone call from William Brain, Jet Lift International, possibly a disgruntled tenant, who has provided certain information, a copy of which was submitted, relative Central Florida Terminals. Further, he is concerned.with the Airport's due diligence in checking out Central Florida Terminals, that he will not relinquish authority to the Airport unless and until he can be assured that the contract with Central Florida Terminals ("CFT") is in the best interest of the City and the Airport, and requested background information regarding the principals of Central Florida Terminals. Also, the proposed Lease Agreement is a very good document. Mr. Coover reported that this tenant has been a problem, that he has apparently raised several issues, and that the Commission would be derelict if it did not follow-up on this information to verify that due diligence has been done. Further, for the record, due diligence has been done, that he conducted a background cheCk on the individuals involved, and provided the board with a written report. Also, Central Florida Terminals is a shell corporation formed to do this project. E405354 MINUTES City Commission, Sanford, Florida work session 35¸ November 27, 199.5 The City Attorney reported that the Lease Agreement commits the Airport and the City to cooperate; if the City wants to move forward (with revising the Airport Authority membership), that process would include going to the Seminole County Legislative Delegation to get a legislator to introduce a bill which would allow an elected public official to sit on the Airport Authority. Further, the size of the board can be decreased now, however, he has concern about doing it in the middle of someone's term. The City Attorney reported that he has always had concerns about the Special Act that created the Airport, and that the Agreement addresses/incorporates these concerns, which include: (1) no absolute requirement of the City being notified about bond issues; and 2) nothing in writing indicating who would be responsible in the event of a catastrophe of some kind, for example environmental contamination. Mr. Coover reported that he made inquiries into the background of the principals of CFT, that CFT had a business failure once before, that the question was asked of several individuals whether there was ever anything that any one of the individuals had done which they considered to be fraudulent or immoral, to which they responded no; and if they would do business with them again; all responded yes. Further, he will provide the Commission with a copy of the report, and respond to the comments/questions made by Mr. Brain. After discussion, the Commission concurred that the City Attorney contact the City's Bond Counsel and ask if the proposed lease agreement will be advantageous to the City, if it will facilitate the proposed bond issue and save money, and that Steve Coover will provide background information on the principals of CFT, for further discussion at the December 11, 1995, Work Session. (City Attorney absent from the meeting.) City Hall R~;AC plan details/alternatives/cost estimates. city Manager Simmons reported receipt of cost analysis information this afternoon, and requested that this item be tabled until the December 11, 1995, Work Session, and the Commission concurred. Feasibility Study of First Fe~_eral B~ilding for possible Police Station site. Bruce Andersen was present. Keith Reeves, President, Architects Design Group, Inc. distributed and reviewed results of the study done to determine the feasibility of utilizing a portion of the First Federal Building as police station. (Commissioner Howell briefly left the meeting, then returned.) Mr. Reeves reported that the Police Department needs approximately 33,750 square feet; that the existing building has about 13,600 square feet, and that the First Federal Building has about 46,000 square feet. Further, some of the problems associated with the First Federal Building include moisture penetration into the building; almost a total failure of the roof; the building is reaching its expected life span, the air conditioning system has not been maintained; the building does not meet ADA requirements or current codes relative hurricane resistance, and that an air quality study should be done before the City considers leasing the building. Further, estimated costs for a new building are 4.5 million dollars; and 3.5 million dollars to expand and renovate the existing building and purchase additional property for parking; and the First Federal Building lease payment is about $202,500.00 per year, plus interior improvements to the building in estimated amount of $354,000.00; for a total annual~ cost of approximately $556,000.00, which is significantly higher than obtaining a new E~05354 MINUTES CiD Commission, San~rd, ~ofida wflrk session November 27, 19 95 building. Mr. Reeves stated that he has serious reservations about the City pursuing a lease for use of the First Federal Building, and suggested that the City look into othe~ alternatives. The City Manager reported that one alternative might be "build to suit". After discussion, the consensus of the Commission was not to pursue the Firs~ Federal Building as a police station. Fence in City ri~ht-of-wa~ at 207 East llth Street; Rachel Cheek, owner. On recommendation of the City Manager, the consensus of the Commission was t¢ authorize City crews to remove the fence from City right-of-way immediately; place said fenc~ on Ms. Cheek's property, and to take before and after pictures. (The Chairman recessed the meeting for approximately five minutes, then reconvened th~ meeting.) Board aDpointments/re-a~ointments. The Commission discussed Human Relations Advisory Board term expirations, and concurred not to re-appoint members once their terms have expired. November 14, 1995, Code Enforcement Board action, to refer five (5) cases to the Commission relative imDosition of fine[s) for fourteen (14) properties/structures found t¢ be in non-compliance. The City Manager reported that the Code Enforcement Board ("CEB") has referred these items to the City Commission instead ~of taking action, and that the CEB believes these properties should be taken down, rather than pursuing code enforcement action and levying fines. Further, there are two alternatives: 1) standard condemnation procedures, and 2) extraordinary action under existing City Codes to abate imminent danger to human life, and that he and the City Attorney both recommend using the standard condemnation procedures. Director of Community Development Charles Rowe distributed a letter from Brooks Parsons, Warner Bros., indicating that Warner Bros. would be willing to remove the condemned structures, at no cost or liability to the City or the property owner, for use in a film project. Further, something needs to be done with some of these properties now. Police Chief Russell reported that these properties present a health hazard. After discussion, the Commission concurred to fast track condemnation of these structures through the standard condemnation procedures, which includes notice of public hearing to consider condemnation of the structures at the December 11, 1995, Meeting. Draft amendments to Schedule S regarding mailboxes and newsDa~er receptacles in the Histori~ District. After discussion, the Commission took no action to refer the draft amendments t¢ the Planning and Zoning Commission, as described in memorandum dated November 16, 1995, from the Associate Planner. (Commissioner Howell briefly left the meeting, then returned.) Regular Agenda Items and other items. A. Recreational Vehicles in ReSidential Areas/Front Yards. After discussion, and on recommendation of the City Manager, the Commission concurred to amend Ordinance No. 3247, to grandfather recreational vehicles in front yards when there is insufficient side yard setbacks to allow access to the back yard, provided the recreational vehicle is parked on a paved surface, has a current registration and is operable, and provided the house was built prior to the prohibition of parking in front yards. Also, to stop in mid stream on any E40~3~ MINUTES City Commission, Sanford, Florida ~o~k session November 27, 37 operation, and to advise the Code Enforcement Board, by letter, of the City Commission's discussion and intent to grandfather recreational vehicle parking in front yards under certain conditions. There being no further action, the meeting was adjourned. Attest: ~ City Clerk~ ~ AYOR