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061096 ws/rm min.E405354 MINUTES 1 5 O City Commission, Sanford, Florida Work Sess±on June 10 1996 The City Commission of the City of Sanford, Florida met in Work Session Monday, June 10, 1996 at 4:30 o'clock P. M. in the City Manager's Conference Room, City Hall, 300 North Park Avenue, Sanford, 'Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons City Manager Wilii~m A. Silmmons City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Special Event Application for The Bahamas American Junkanoo and Goombay Festival on August 30, 31 and September 1, 1996 (Labor Day weekend). The Commission noted that the request had been withdrawn, and took no action. Request from the Greater Sanford Chamber of Commerce for financial assistance for a Sanford brochure. Wanda Kelly, Executive Director, Sreater Sanford Chamber of Commerce, reported the Chamber of Commerce has received $200.00 from Seminole County Tourist Development Council funds, and is requesting $200.00 from the City of Sanford. After discussion, the City Commission concurred to provide $200.00 as requested. Request to install a mausoleum in the City Cemetery. Howard Jeffries, Grounds Maintenance Coordinator, reported the Cemetery Advisory mausoleums not be permitted in the cemetery, recommends amending Section VI. Miscellaneous, require that all burials must be below ground. Committee and City Staff recommend that and that the Cemetery Advisory Committee in the Cemetery Rules and Regulations to The City Commission concurred that Staff prepare the appropriate amendment as recommended. Proposed reinstatement of City Code Sec. 11-30.(d), which was inadvertently eliminated by Ordinance No. 3247, regardingprohibition of ~unk cars~ and deletion of unnecessary language in City Code Sec. 18-20[a)(5) regarding agricultural equilx~ent in agriculturally zoned areas. After discussion of proposed Ordinance No. 3299, the City Commission concurred to reinstate City Code Sec. ll-30.(d) and to delete unnecessary language in City Code Sec. 18-20(a)(5), and to place Ordinance No. 3299 on first reading at tonight's Regular Meeting. Code Enforcement. The City Commission discussed Code Enforcement procedures and regulations, and staffing. Commissioner Lyons requested the dollar amount the City spends on Code Enforcement, what is provided for that amount, and what Code Enforcement's goal is. Mayor Smith requested a Code Enforcelaent Inspector training class be held at City Hall, stated she will attend and invited the Commissioners to attend. Commissioner Howell requested that Staff provide Code Enforcement Status Reports similar to the Condemnation Status Reports. The City Commission concurred to further discuss Code Enforcement and the requested information at the next Work Session. City Commission orders/direction to, City Staff. In response to Commissioner Howell's statement that he will continue to tell Department Heads and employees what to do, Mayor Smith read Article II, Sechion 2.~5(c~ of the City Charter, which prohibits members of the City Commission from giving orders to officers or employees who are subject to the direction of the City Manager. The Mayor asked Commissioner Howell to abide by the Charter. Fina Station at Park Avenue and Third Street. In response to Commissioner Howell's inquiry, Charles Rowe, Director of Community Development, reported there are two (2) fines accruing against this property, the property is still not in compliance, the court action is 154 E405354 MINUTES City Commission, Sanford, Florida Work Session June 10 96 19 completed, this will be going back to the Code Enforcement Board at its next meeting, and that Code Enforcement can not remove the fence. After discussion, the City Commission concurred to consider a motion at tonight's Regular Meeting to authorize the City Attorney to seek a court injunction to remove the fence. City personnel re-grades. City Manager Simmons reviewed his Memo dated June 4, 1996 regarding salary surveys and how our positions correspond to those in the surveys. He reported the survey is imperfect for a number of reasons: in some cases there is no match, or there is a questionable match; we use a composite average; we do not know how rapidly other entities' employees progress from the entry level step to the top step' in the pay scale, and moving people rapidly from the entry level to the top level may be reason to not be as concerned about entry level and mid level compensation; the City has not authorized a COLA in two or three years, however, under the Merit Pay System each employee rated Above Average or Outstanding receives either a 3% or 6%, respectively, pay raise even if no COLA is given; and he believes information he has requested will show that our personnel costs irrespective of new positions, are rising faster than our revenues. He recommended that funds be budgeted in FY 1996/97 for a consultant to perform a professional salary evaluation to examine such items as comparability, rate of advancement through the pay grades, and merit pay vs. COLA. He further recommended a 3% limited re-grade for those positions that are at least 3% below the survey composite average, effective October 1, 1996, and the Commission had no objection. [Commissioner Howell left the meeting.] Board appointments/re-appointments. Mayor Smith recommended Molly Hudson be appointed to the Waterfront Master Plan Steering Committee. [Commissioner Howell rejoined the meeting.] Civil Service System7 Department Heads. Commissioner Howell requested that at the next Work Session the Commission discuss removing department heads from the Civil Service System. City Manager Simmons reported he will obtain information from other local entities on what type of system their department heads are under. Special Evaluation for Police Chief Ralph Russell. Commissioner Eckstein reported that Police Chief Russell has saved the city a lot of money, further, that he is not being appropriately compensated; and that a new police chief will not be compensated commensurate with the job duties the city will ask to be done. Commissioner Eckstein requested the City Commission give Police Chief Russell a Special Evaluation resulting in a Special Merit pay increase. City Manager Simmons reported the Police Chief is in the top pay grade, and that an Outstanding rating on a Special Evaluation would result in a bon'us of two (2) weeks pay. Commissioner Howell requested to raise the Police Chief job requirements and advertise for applications from the general public as well as current employees. Commissioner Lyons reported he can not support the requested pay increase. Commissioner Thomas reported he supports the requested pay increase. The City Commission concurred to discuss a Special Evaluation to recognize Chief Russell's accomplishments and outstanding work during Budget Work Sessions. Commendation to Ricky Eckstein and David Eckstein. The City Commission concurred to recognize Ricky Eckstein and David Eckstein on Sanford's Welcome Signs, for playing in the World Series. Airport Noise Control Study Committee. Mayor Smith reported the Sanford Airport Authority is appointing a new committee, an Airport Noise Control Study Committee, and that she has been asked to make an appointment to the committee. Mayor Smith appointed Commissioner Lyons E405354 MINUTES City Commission, Sanford, Florida Work Session 155 June 10 19 96 to the committee, and the Commission concurred. City Attorney's opinion re: City Code Article ~xg, Civil Service System, Section 2-335(b), Promotions. The City Commission discussed a letter dated June 7, 1996 from the City Attorney, stating that the city may not deviate from the requirement in Section 2-335(b) to promote qualified employees from the next lower grade or class within the department where a vacancy occurs. The City Attorney also provided language to amend the rule to provide flexibility, and the City Commission concurred to so amend Section 2-335(b). September 3, 1996 Charter Referendum. City Clerk Dougherty reviewed her Memo dated June 10, 1996; and the City Commission concurred to decide the effective dates of the two referendum questions on June 24, 1996. [The Mayor recessed the meeting for approximately 10 minutes, then reconvened it.] Police Services Agreement with the Sanford Airport Authority, for FY96/97. City Manager Simmons reported this agreement will be on the June 24, 1996 Agenda. July 3t 1996 Fireworks. City Manager Simmons reviewed the City's participation in prior years, and the City Commission concurred that the city provide police, fire, and clean-up services at no cost to the organizer, as in prior years. 621 Oak Avenuet non-conforming use. City Manager Simmons reported receipt of an opinion from the City Attorney that the creation of more units than authorized is insufficient grounds to revoke the non-conforming use status. Car allowances. City Manager Simmons reported he will authorize a $250.00 per month car allowance for the Support Services Coordinator, and beginning in the FY96/97 budget will standardize all car allowances at $250.00 per month except those that are currently higher. The Commission had no objection. Plat of Pamela Oaks Phase II. The City Manager recommended approval subject to resolution of who is responsible for the maintenance of the off site drainage. FY96/97 Budget Work Sessions. The Commission concurred to hold Budget Work Sessions beginning at the Work Session on July 8th, and continuing to July 9th, 10th, and llth as needed, from 4:00 P. M. to 6:00 P. M. daily. Requests for approval of sale of beer and wine for consumption on the premises, at 2491 Park Avenue and 2935 Orlando Drive. The City Manager briefly discussed these requests, recommended by the Planning and Zoning Commission, and the City Commission concurred to Consider them at tonight's Regular Meeting. RoseHill Subdivision. City Manager Simmons reported he has asked the City Attorney's opinion whether or not this property, which is located east of South Sanford Avenue, is annexable under Florida Statutes. Seminole County Library building. The City Manager reported receipt of information from a contractor for Seminole County that they will be re-roofing the building within the next 90 days. The existing copper roof will be removed and replaced with a roof that has an aged copper look. Parts of Palmetto Avenue and Commercial Street will be closed from time to time, and the closures will be coordinated with the Police Department. City Manager's report. No report was given. There being no further business% the meeting was adjourned. Attest: ~ City Clerk YOR 1-5 6 E405354 MINUTES City Commission, Sanford, Florida Regt. lar Meeting June 10 19 96 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, June 10, 1996 at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons Assistant City Attorney Clayton D. Simmons City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Public Hearing to consider second reading and adoption of Ordinance No. 3296, as advertised in the Sanford Herald May 23, 1996. Ordinance No. 3296, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 19, PLUMBING, SECTION 19-5, WATER CONSERVATION OF THE SANFORD CITY CODE, BY DELETING EXISTING SUBSECTIONS (a), (b), (c), (d) AND (e) IN THEIR ENTIRETY AND ADDING SUBSECTION (a) SHORT TITLE; SUBSECTION (b) UNLAWFUL PLUMBING EQUIPMENT IN NEW CONSTRUCTION; SUBSECTION (c) APPLICABILITY OF SUBSECTION (b); AND SUBSECTION (d) ALLOWANCE OF STANDARD FLUSH TOILETS IN CERTAIN CASES; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of May 20, 1996, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3296. No one appeared. Commissioner Lyons moved on second reading and adoption of said Ordinance No. 3296. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Petition to keep major recreational equipment (boats) in the driveways of houses at 109 Wildwood Drive and 107 Wildwood Drive; and request to add 124 Winding Ridge Drive to the signed Petition.' After discussion, the Commission declined to take action. Requests for Right-of-Way Use Agreements. A. Rescue Church of God, 1700 West 13th Street, for 'installation of parking stalls on the east side of the right-of-way of Mulberry Avenue. Be Bruce T. and Julie M. Simpson, 603 East 5th Street, for installation of a wooden fence with gates located south of existing block edge. On recommendation of the City Manager, Commissioner Howell moved to approve the execution of the two (2) Right-of-Way Use Agreements. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Agreement with CSX Transportation, Inc. for a sewage fOrce-main crossing for RoseHill Subdivision. On recommendation of the City Manager, Commissioner Howell moved to authorize execution of the agreement dated February 6, 1996 with CSX Transportation, Inc. Seconded by E~05354 MINUTES. City Commission, Sanford,' Florida Regular N eetin 157 June 10 1996 Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Information from the Planning and Zoning C_nmmission Meeting of May 16, 1996, as described ir memorandum dated May 21,1996, from Land Develo.n~_ent Coordinator. No action required or taken. FirSt reading of Ordinance No. 3298. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ordinance No. 3298, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CHANGING THE NAME OF THAT PORTION OF PERSIMMON AVENUE BETWEEN 16TH STREET AND 19TH STREET TO "MERTHIE DRIVE"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Request to close Seminole Boulevard between Sanford Avenue and San Juan Avenue for July 4th Fireworks on July 3rd. On recommendation of the City Manager, Commissioner Howell moved to approve the street closure as requested. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Board appointments/re-appointments. Code Enforcement Board: The City Clerk reported that the terms of Andrew Kutz and Lisa Nason expire on June 30, 1996. Lisa Nason is willing to serve again. Andrew Kutz has resigned. Commissioner Howell moved to re-appoint Lisa Nason to the Code Enforcement Board and to place on the next agenda the vacancy created by resignation of Andrew Kutz. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Be Nuisance Abatement Board: The City Clerk reported that the Commission needs to appoint three (3) members, with initial terms staggered: 1 member appointed for a 2 year initial term; and 2 members appointed for 1 year initial terms. Commissioner Howell moved to appoint Michael Goeb to the Nuisance Abatement Board for a two (2) year initial term and to place on the next agenda the two (2) 1 year initial terms. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ce Sanford Housing Authority: The City Clerk reported that Rosemary Charles's term expired May 20th; she does not want to be re-appointed. Mr. Hudson reports that Ida Stephens is willing to serve. After discussion, Commissioner Eckstein requested clarification regarding whether or not Ida Stephens is the tenant's elected appointee. The E405354 158 MINUTES City Commission, Sanford, Florida ReQula[ Meeting June 10 19 96 Commission concurred to table this appointment until the next meeting, pending clarification. Waterfront Master Plan Steering Committee. The City Clerk reported that Jack Wert and Gary Briggs have resigned, and there is one vacancy; all three terms expire June 28, 1996; and Bob Hopkins, Walt Padgett, Judy Sternberg and Molly Hudson have expressed an interest in serving. The Commission accepted the resignations of Jack Wert and Gary Briggs. Commissioner Lyons moved to appoint Bob Hopkins, Walter Padgett, and Molly Hudson to the Waterfront Master Plan Steering Committee. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Consent Agenda. Request from Foley & Lardner for payment of statement in the amount of $1,115.41 for professional services through April 30, 1996 re: Coal Gasification Plant. B. Vouchers for the month of May, 1996. Approval of Minutes of April 22', 1996 Work Session, April 22, 1996 Regular Meeting, ~April 22, 1996 Sanford Equalizing Board, May 13, 1996 Work Session and May 13, 1996 Regular Meeting. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye the Commission: Authorized payment of statement from Foley & Lardner for professional services through April 30, 1996 in the amount of $1,115.41. Approved Vouchers for the month of May, 1996. Approved Minutes of April 22, 1996 Work Session, April 22, 1996 Regular Meeting, April 22, 1996 Sanford Equalizing Board, May 13, 1996 Work Session and May 13, 1996 Regular Meeting. Information regarding invoices Daid during the period for previously approved lump sum contracts. The Commission acknowledged that the following six (6) invoices have been paid per City Commission approval on October 8, 1990, and November 25, 1991: Ecotech Consultants, Inc.: $4,234.00; Universal Engineering Sciences: $2,317.00; Conklin, Porter and Holmes Engineers, Inc.: $118.43, $113.89; Seminole County Public Works Administration: $3,291.67; Bruce McGonigal, Inc.: $9,155.00. Condemnation Status Report. No action required or taken. Other information. The Commission acknowledged a letter from Mark Construction Company expressing how good it was to work with the different City departments and staff members, and the excellent service given them while working on the terminal project at the Orlando Sanford Airport. Commissioner Howell congratulated Commissioner Eckstein for his sons' accomplishments. Removal of fence at the Fina Station at Third Street and Park Avenue, as discussed at tonight's Work Session. After discussion, Commissioner Howell moved to authorize the City Attorney to obtain a court injunction to allow the City to enter onto the Fina Station property at Third Street and Park Avenue, and physically remove the chain link fence that was placed there without proper site plan approval or authority from the City. Seconded by F.405354 MINUTES City Commission, Sanford, Florida 159 3une 10 Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye First reading of Ordinance No. 3299. On motion of Commissioner Howell, Commissioner Lyons and carried by the vote of the'Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye seconded by Ordinance No. 3299, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMEDNING SECTION 18-20(a)(5) OF THE CITY CODE OF THE CITY OF SANFORD, PERTAINING TO PARKING, STORAGE AND USE OF MAJOR RECREATIONAL EQUIPMENT, TO LIMIT THE APPLICATION OF SUBSECTION (5), REGARDING PARKING AND STORING OF AUTOMOTIVE VEHICLES OR TRAILERS, TO APPLY TO ONLY MAJOR RECREATIONAL EQUIPMENT OR TRAILERS; AND AMENDING SECTION 11-30 OF THE CITY CODE OF THE CITY OF SANFORD, REGARDING THE KEEPING OF JUNK CARS, PARTS OR DEBRIS, BY THE ADDITION OF SUBSECTION (d) WHICH PROVIDES AN EXCEPTION TO THE PROHIBITION ON JUNK CARS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Final Plat ApDroval of Pamala Oaks, Phase II, as discussed at tonight's Work Session. The On recommendation of the City Manager, Commissioner Thomas moved to approve the final plat of Pamala Oaks, Phase II, with the condition that the plat not be recorded until an acceptable resolution is obtained with regard to off-site drainage and until either all infrastructure is completed or the developer has bonded out the unfinished portion of the infrastructure. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Requests for consideration of Conditional Use for sale of beer and wine for consumption on premises. On recommendation of the City Manager, Commissioner Thomas moved to approve the conditional use for sale of beer and wine for consumption on premises at 2491 Park Avenue and 2935 South Orlando Drive (Quincy's Family Steakhouse). Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Nay Commissioner Lyons Aye Request for time extension regarding 1608 West 13th Street. The City Manager referenced the memorandum from Charles Rowe regarding a request from Mary Smith for a 30-day time extension to finish property at 1608 West 13th Street which has been on the condemnation list. He stated that Mary Smith cites several reasons hindering the overall completion of this property. The structural end is complete at this time; waiting for completion of sewer connection, or septic tank drainage system. Commissioner Thomas moved to approve a 30-day extension. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: 160 E405354 MINUTES City Commission, Sanford, Florida Regu18r MeetiBg June 10 Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Nay There being no further business, the meeting was adjourned. 19 Attest: AYOR