Loading...
062496 ws/rm min. MINUTES City Commission, Sanford,'Florida Work Session June 24 1_61 The City Commission of the City of Sanford, Florida met in Work Session on Monday, June 24, 1996, at 4:00 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 Kerry D. Lyons City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: Commissioner Lon K. Howell City Attorney William L. Colbert The Chairman called the meeting to order. Seminole County Courthouse. A. CRA/SunTrust Courthouse Expansion Study. Tony Bower, Facilities Director, SunTrust Bank, reported that SunTrust Bank funded the Courthouse Expansion Study to demonstrate that this venture is a true private/public partnership. Bruce Andersen, Andersen & Associates, reviewed the seven (7) court house building alternatives/options, as outlined in Downtown Sanford/Courthouse Revitalization Study dated June 12, 1996, and prepared by Andersen & Associates, as follows: A) Existing courthouse plus split four (4) level parking garage using City parking lot; B) New courthouse plus City parking lot; Cl) Existing courthouse and remote traffic courts; C2) Existing courthouse and remote court houses; D) Expand existing court house to the west instead of the east, with grade parking, which would leave Park Avenue open, and preserve the City parking lot for private development; E) Similar to Alternative D in that it expands the court house to the west, except it requires some structured parking; F) New court house with grade parking using City parking lot (the geometry of the area is not conducive); G) Keep existing court house, and buy or lease additional space downtown (not enough space downtown to accommodate continuing growth without vacating a good portion of the buildings downtown). Further, Alternative D seems to be the preferred alternative/option. Also, Alternatives D and E's rough cost estimate differences include/allow for acquisition of developed parcels on Commercial Street. Julio Maggi, Lincoln Properties, Inc., reported that Lincoln Properties is a real estate developer whose business is to transform opportunities and visions into reality, and that some successful projects include the Orlando City Hall and Church Street Market. Further, our purpose is to provide structure to the study in terms of costs, schedule, and logistics on how to get the project done. Further, the study contains a comparative analysis of Schemes A, B, D, and E; Scheme D appearing to be the most cost effective of the four because it requires the least amount of land acquisition. Also, Scheme E's total cost estimate includes land acquisition, land development, building, interior renovations and furnishings, fixtures, equipment and security system. B. Draft Interlocal~Agreement with Seminole County regarding City participation in the Court House expansion/location. The City Manager reported that it would not be unreasonable for the City to underwrite a portion of the court house parking requirement, and recommended that the Commission consider the Interlocal Agreement regarding same. Also, the Seminole County Board of County Commissioners is expected to consider this Agreement on July 9, 1996. 162 E405354 MINUTES City Commission, Sanford, Florida Work Session June 24 1996 The City Commission reviewed and discussed the draft Agreement, including Section 3.I., economic incentive program; Section 4{b), City contribution of 50% of the costs, up to a maximum of $500,000.00, associated with public owned parking. In response to Commissioner Eckstein's concern about ensuring future cooperation between the City and the County, Cindy Coto, Deputy CoUnty Manager, Seminole County, stated that the spirit of the agreement is that this is a cooperative effort between both entities, and that she believes the agreement contains a provision whereby the court house footprint, once determined, will come back to the City Commission for review. After discussion concluded, the Commission was in general support of the concept of the Interlocal Agreement, as presented. Chamber of Con~merce funds request. Bobby Von Herbulis, President, Sanford Chamber of Commerce, reported that the $9,975.00 funded in the past is included in the requested contribution of approximately $62,000.00, that said contribution would help fund the Chamber's operational budget, including hiring additional personnel, to better help the Chamber operate efficiently and effectively. Also, funding in amount of $7,000.00 for the Airport booth is a separate item. After discussion, the Commission conCurred to further discuss the Chamber's request for additional funding at the July 8, 1996, Budget Work Session. Amendment to Police Services Agreement with the Sanford Airport Authority. The City Manager recommended approval of the Amendment to said Police Services Agreement, to provide four (4) certified police officers to perform required services/functions within the Orlando-Sanford Regional Airport area. Agreement with Private Industry Council for the Summer Youth Emplo~ment Training Program. The Commission concurred to continue support of this program as in years past, as recommended by the City Manager. September 3, 1996 Charter Referendum. After discussion, the Commission concurred that the Police Chief and Fire Chief should be hired by, and report to the City Manager, effective as soon as possible. Also, that the City election date be changed from December to March, effective March 1, 1997. City Hall telephone system u~grade and funding source. City Manager Simmons reported that after further review of funding alternatives (general fund reserves/lease purchase), we have determined that present operating dollars are available to fund the upgrade, that the proposed discount of $6,252.13 will sunset on June 30, 1996, and recommended that Staff be authorized to proceed with the upgrade of City Hall's telephone system, as described in memorandum dated June 17, 1996. Afterdiscussion, the consensus of the Commission was to authorize Staff to proceed as recommended by the City Manager. Code Enforcement Items. A. Discontinuation of Non-Conforming Use at 814 Elm Avenue. Director of Community Development Charles Rowe recommended that, based upo~ occupational licensing information as contained in memorandum dated June 10, 1996, this property be re-classified as being dormant for six (6) months, and revert back to single- family status. Also, John LeRoy has recently submitted rent receipts payable to Joh~ Baumgardner. ~40~354 MINUTES City Commission, Sanford, Florida 163 ;' ork Session June 24 1996 The City Manager reported that Staff has been unable to reach Mr. Baumgardner, and that Florida Power and Light customer account information is only available through subpoena. On recommendation of the City Manager, the Commission concurred that Staff complete and submit an Application for Discontinuation of a Non-Conforming Use for the property located at 814 Elm Avenue, and schedule a public hearing to consider same. B.- Code Enforcement Report. The Director of Community Development distributed said report and reported that approximately 4,000 cases are currently in the code enforcement process, and that nearly 100% of those cases are complaint based. Further, since inception of the citation program, 706 warnings have been issued, of which 620 were cod~ enforcement generated, and 33 tickets issued. Further, the vast majority of these 4,000 cases were resolved at the first level. Also, the budget impact of code enforcement is $117,342.00, which amounts to about 1 1/4 hours per case at a cost of approximately $29.00 per case. After discussion, the Commission concurred to further discuss code enforcement at the July 22, 1994, Work Session. Department Heads in the Civil Service System. In light of the fact that this item was at the request of Commissioner Howell, the Commission concurred not to discuss same in Commissioner Howell's absence, and deferred said item to the July 8, 1996, Work Session. Board appointments/re-appointments. After discussion, the Commission concurred not to consider reducing the number of Sanford Airport Authority Members at this time. (The Commission took approximately a 10 minute recess, then reconvened the meeting.) Regular Agenda items and other items. No discussion. City Manager's Report. A. Agenda Item#18.A. - Annexation (Water Service), WilliamA. Gogel, petitioner. The City Manager reported receipt of a letter in opposition to the requested annexation (water service) asking that this item be continued for two (2) weeks, and that he is in ~agreement .with the requested continuance, to allow Staff to obtain additional information. B. Agenda Item #16 - Appeal of Woodson Avenue Lot Mowing Citation, Edwar~ Dedeloww Trusteew owner. The City Manager reported that the applicant has requested a two week continuance, and the Commission concurred. C. RoseHill Subdivision. The City Manager reported that the City Attorney is reviewing this matter, and will proVide comments/recommendations. D. Agenda Item #27 - Fina Station. The City Manager reported that the City Attorney will report on this item at tonight's Regular Meeting. E. 1900 Magnolia Avenue - Code Enforcement. The City Manager reported that Code Enforcement is continuing to work this case, and that according to recent information, it appears that rooms are being rented at this location. F. Agenda Item#26 - Request to board up 2606 Marshall Avenue. On recommendation of the City Manager, the Commission referred this item to tonight's Regular Meeting for City Commission consideration. G. Agenda Item #19 - Request from John Davis to o~erate the Palace Dance Hall at 119 South Magnolia Avenue on Friday nights from 12:00 A.M. to 9:00 A.M. The City Manager reported that he has discussed his concerns about an all night activity with the City Attorney, who will provide comments/recommendations at tonight's Regular Meeting. 164 F~05354 MINUTES City Commission, Sanford, Florida Work SessA0n June 24 19 96 H. Agenda Item 931 - Request from Sanford Advertising Co-oD for free use of the Civic Center on August 17t 1996. The City Manager reported that this event does not qualify for free use of the Civic Center under any criteria, and is questionable whether or not it qualifies for the reduced rate. This item was referred to tonight's Regular Meeting for City Commission consideration. There being no further business, the meeting was adjourned. M~/~ O ~' Attest: F City Clerk E405354 MINUTES City Commission, Sanford,' Florida Regular Meeting 165 ,lune 1996 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, June 24, 1996, at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: Commissioner Lon K. Howell The Chairman called the meeting to order. Public Hearing to consider second reading and adoption of Ordinance No. 3298, as advertised in the Sanford Herald June 13, 1996. Ordinance No. 3298, entitled: ~N' 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. introduced and placed on first reading at meeting of June 10, 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. 3298. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3298. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3299, as advertised in the Sanford Herald June 13, 1996. Ordinance No. 3299, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING 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. introduced and placed on first reading at meeting of June 10, 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. 3299. No one appeared. Commissioner Lyons moved on the second reading and adoption of said Ordinance No. 3299. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner Lyons Aye 166 E405354 MINUTES City Commission, Sanford, Florida ReQula[ eetinQ 3une 24 Hearings to consider Appeal of denial by the Historic Preservation Board re: 621 Oak Avenue and 615 Park Avenue. City Attorney William Colbert referenced Land Development Regulations Section 3.8 which limits City Commission review of an appeal from a lower board to consideration of only those documents and records which the lower board considered when making its decision. After hearing testimony, the City Commission can uphold the Historic Preservation Board's decision by denying the appeal; overturn or modify the decision of the Historic Preservation Board; or, if the Commission feels the Board did not have sufficient evidence, remand the request back to the Historic Preservation Board for further hearing with direction as to what evidence should be considered. Thomas C. Greene, Esquire, agent for Violetta Williams, property owner of both 621 Oak Avenue and 615 Park Avenue, appeared and reported that his client's appeal consists of two issues: 1) to determine the difference between repair and restoration or replacement; and 2) consideration of cost. In addressing the first issue, Mr. Greene noted that Section 4 of the HistoriC Preservation Code doesn't reference repair, and explained that as only two to three percent of the siding on both properties is in need of repair, the Historic Preservation Board had no need to act on this issue and should not require the work they decreed. Regarding the second issue, he explained that the applicant testified at the Historic Preservation Board hearing that the' cost was prohibitive, but was told that the Board was not concerned about cost. Mr. Greene stated that the City Commission must be concerned about cost or property owners, who can't afford to do what the Historic Preservation Board wants, will incur fines and eventually will lose their property to the City. He then referenced pictures taken of both properties, 621 Oak Avenue and 615 Park Avenue, and stated that the first property, 621 Oak Avenue is basically a garage apartment which needs approximately 2 feet of replacement Ti-ll siding on 2 sides of the building, but is otherwise fine; that the second property, 615 Park Avenue, is an enormous structure requiring only two to three percent of the overall siding to be replaced; that the Ti-ll siding on both properties was approved by the City and applied in the early 1980's; and reiterated that it is only reasonable to say that the work requested is a repair. Mr. Greene further stated that although the Historic Preservation Board wants the TI-ll siding removed from 615 Park Avenue, followed by a report to the Historic Preservation Board regarding the condition underneath, he fears that once removed, the Ti-11 siding will not be allowed back on. He mentioned an additional concern regarding the need for increased rents to pay for such improvements and questioned whether an increase to tenants can be justified in such a situation. Mr. Greene requested that the City Commission rule that the work requested to be done is repair work and allow the applicant to make the repairs, or send the request back to the Historic Preservation Board so they can be shown the extreme difference between repair and replacement costs. Commissioner Thomas stated that he agrees with Mr. Greene that the work requested to be done should be considered repair. Commissioner Eckstein stated that he concurs with Commissioner Thomas and Mr. Greene that this is repair work and that the Historic Preservation Board's denial in this 1996 . IlI,i~$ Itl Ilill]lil:ll~l.~i~llil . Jllllll[I CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION BOARD FOR CERTIFICATE OF APPROPRIATENESS TO REPLACE EIGHT (8) PIECES OF Ti-ll SIDING WITH MATCHING MATERIAL, AND REPLACE ELEVEN (11) PIECES OF CORNER BOARDS WITH MATCHING MATERIAL RE 615 PARK AVENUE, SANFORD, FLORIDA. The City Commission based on the clear and convincing evidence contained in the record before the Historic Preservation Board (HPB) on May 9, 1996, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 615 Park Avenue, Sanford, Florida, is located in the Old Sanford Historic Residential District. (2) That property located in the Old Sanford Historic Residential District is subject to the regulations contained in Schedule S of the Land Development Regulations, in addition to other regulations. (3) That said Schedule S provides "...that no exterior portion of any building or other structure (including walls, fences, light fixtures, steps and pavement, or other appurtenant features) ... shall be erected, altered, restored, moved, or demolished within such district until after an application for a certificate of appropriateness as to the proposed changes to exterior features has been submitted to and approved by the Board." (4) That on May 9, 1996 the HPB denied the Application for Certificate of Appropriateness, and, instead, asked to see test areas under the Ti-ll siding to determine if there is siding underneath and if it appears to be in reasonable condition; if it was found to be in reasonable condition, the HPB wanted the T1- 11 siding removed from the entire structure. (5) That the replacement of eight (8) pieces of TI-ll siding with matching material and replacement of eleven (11) pieces of corner boards with matching material constitutes routine maintenance and repairs and not erection, alteration, restoration, moving, or demolition. CONCLUSIONS OF LAW (1) This commission finds that said routine maintenance and repairs are permitted on this structure in the Old Sanford Residential Historic District. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request to replace eight (8) pieces of Ti-ll siding with matching material and replace eleven (11) pieces of corner boards with matching material is approved and the decision of the HPB of May 9, 1996 is reversed. DONE AND ORDERED this 24th day of June, 1996. ''MaY0~Bettye D. Smith Attest: City Clerk U I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Thomas C. Greene, Esquire, 613 East First Street, P. O. Box 695, Sanford, Florida 32772-0695, this ~ day of July, 1996. CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION BOARD FOR CERTIFICATE OF APPROPRIATENESS TO REPLACE THE BOTTOM OF SEVERAL PIECES OF Ti-ll SIDING WITH MATCHING MATERIAL RE 621 OAK AVENUE,.SANFORD, FLORIDA. The City Commission based on the clear and convincing evidence contained in the record before the Historic Preservation Board (HPB) on May 9, 1996, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 621 Oak Avenue, Sanford, Florida, is located in the Old Sanford Historic Residential District. (2) That property located in the Old Sanford Historic Residential District is subject to the regulations contained in Schedule S of the Land Development Regulations, in addition to other regulations. (3) That said Schedule S provides "...that no exterior portion of any building or other structure (including walls, fences, light fixtures, steps and pavement, or other appurtenant features) ... shall be erected, altered, restored, moved, or demolished within such district until after an application for a certificate of appropriateness as to the proposed changes to exterior features has been submitted to and approved by the Board." (4) That on May 9, 1996 the HPB denied the Application for Certificate of Appropriateness, and, instead, required that all T1- 11 siding on the building be replaced with lap siding. (5) That the replacement of the bottom of several pieces of Ti-ll siding with matching material constitutes routine maintenance and Ilil~l~l IJ,J!lilllll,JilJll ,iJ!lJJllllJ repairs and not erection, alteration, restoration, moving, or demolition. CONCLUSIONS OF LAW (1) This commission finds that said routine maintenance and repairs are permitted on this structure in the Old Sanford Residential Historic District. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request to replace the bottom of several pieces of TI-ll siding with matching material is approved and the decision of the HPB of May 9, 1996 is reversed. DONE AND ORDERED this 24th day of June, 1996. Attest: City Clerk/ U I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Thomas C. Greene, Esquire, 613 East First Street, P. O. Box 695, Sanford, Florida 32772-0695, this ~ff/ day of July, 1996. ~40~3~4 ili~llll t lll[lil l] Il[ MINUTES Reoular Meeting June 24 167 City Commission, San~rd,'~ofida case would create an undue hardship on the property owner and economically discriminate against tenants unable to afford resulting higher rents. Commissioner Thomas moved to reverse the decision of the Historic Preservation Board on both properties based on testimony that indicates the percentage of repair involved is routine maintenance. Seconded by Commissioner EckStein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Hearing 'to consider an Appeal of a denial by the Historic Preservation Board re: 606 Park Avenue. Commissioner Thomas moved to table this item to the Regular meeting of July 8, 1996 to make certain the applicant, Jack V. Travis, has been notified. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consideration of Appeal of Lot Mowing Citation for property on Woodson Avenue. This item was continued to the Regular Meeting of July 8, 1996, at the applicant's request. Consideration of street closures and sale of alcoholic beverages in conjunction with a Special Event. On recommendation of the City Manager, Commissioner Thomas moved to approve the closing of First Street between Oak Avenue to past the Chamber's First Street driveway, Sanford Avenue between Commercial Street and Second Street, Palmetto Avenue between Commercial Street and Second Street, and Park Avenue between Commercial Street and Second Street from 7:00 A. M. tO 7:00 P. M. on November 9 and 10, 1996; and the sale/consumption of beer in Ft. Mellon Park and the above downtown streets frOm 7:00 A. M. to 7:00 P. Mo November 9 and from 10:00 A. M. to 7:00 P. M. on November 10, 1996, in conjunction with the Arts, Crafts and Antiques Festival. Seconded by Commissioner Eckstein and carried by the vote of the Commission as.follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consideration of Petition for Annexation (for Water Service) for a portion of the property lying between Narcissus Avenue and State Road 46 and between Airport Boulevard extended northerly and Riverview Avenue. At the request of the City Manager, this item was tabled to the Regular Meeting of July 8, 1996 for further information. Consideration of Petition for Annexation (for Water Service) for a portion of the property lying between East 28th Street and East 29th Street and between Park Avenue and Magnolia 19. 96 Avenue (2805 Park Avenue). On recommendation of the City Manager, Commissioner Thomas moved to approve water service with the understanding that no city sewer is available; with applicant to pay all fees; and to record the Annexation Petition. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consideration of request for a Dance Hall at 119 South Magnolia Avenue. Police Chief Russell reported that historically there are many problems associated 168 E405354 MINUTES City Commission, Sanford, Florida Reoular l eetino 3une with these types of establishments; that despite the presence of inside security and not serving alcoholic beverages, the use of narcotics and consumption of alcoholic beverages outside the establishment will not be eliminated; that the resulting increased debris will impact downtown businesses; and that the proposed hours of operation, 12:00 midnight to 9:00 A.M., are in conflict with City ordinance that prohibits parking on public streets after 2:00 A. M., leaving only two available parking spaces, both of which are private. The City Manager cited close proximity to the residential district as an additional concern, that there are problems with the one establishment currently with an alcoholic beverage operation to 2:00 Ao M., and he doesn't think this would be any better. Commissioner Lyons moved to deny the request for a Dance Hall at 119 South Magnolia Avenue based on incompatibility with the neighborhood and the associated problems with parking, noise and debris. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consideration of request for reduced rate use of the Civic Center from Seminole Volunteer 19% Enterprises, Inc. On recommendation of the City Manager, Commissioner Thomas moved to approve the reduced rate use of the Civic Center by Seminole Volunteer Enterprises, Inc. on August 3, 1996 for a fundraising event. vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Seconded by Commissioner Lyons and carried by the Consideration of Amendment No. 20a to Agreement with Conklin, Porter and Holmes, for real estate subconsultant services re: Upsala Road utility easement. On recommendation of the City Manager, Commissioner Thomas moved to approve Amendment No. 20a to Agreement with Conklin, Porter and Holmes, for real estate subconsultant services to develop a continuous utility easement along the east side of Upsala Road for the water main extension; cost of amendment not to exceed $19,800.00. vote of the Commission as folloWs: Seconded by Commissioner Eckstein and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye First reading of Ordinance No. 3300. City Attorney Colbert read aloud Ordinance No. 3300, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SANFORD CITY CODE ARTICLE XIX, SECTION 2- 335(b), VACANCIES IN THE CLASSIFIED SERVICE; PROVIDING FOR SEVERABILITY, CONFLICTSAND EFFECTIVE DATE. and advised the Commission that since an extraordinary vote of four (4) is required under the Civil Service Regulations to amend said Regulations, they might want to wait to vote on first reading until the entire City Commission is present, thus avoiding potential procedural problems. Commissioner Eckstein moved to table the first reading of Ordinance No. 3300 to the Regular Meeting of July 8, 1996. Seconded by Commissioner Thomas and carried by the vote of ~JdL,rtJ~JHJJLJ J~ J~, IJ~J MINUTES City Commission, Sanford, Florida Reguls[ Heet~ng ,June 24 169 1976 cite Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Boards: appointments/re-appointments. Board of Adjustment and Appeals: expires July 23, 1996. The City Clerk reported that Ross Robert's term Commissioner Eckstein moved to re-appoint Ross Robert to the Board of Adjustment and Appeals. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye code Enforcement Board: The City Clerk reported that there is one vacancy, for term to expire June 30, 1996 (June 30, 1999). The Commission took no action. Ce Historic Preservation Board: The City Clerk reported that Catherine Welch has been absent from the last five Historic Preservation Board meetings and has expressed a desire to resign. The Historic Preservation Board requests that the City Commission appoint a replacement, for term to expire October 28, 1999. The Commission acknowledged the resignation and took no action. Nuisance Abatement Board: The City Clerk reported that the Commission needs to appoint two (2) members, for one-year initial terms. The Commission took no action. Commissioner Eckstein requested that the City Clerk provide a list of Applicants who have applied for each board on which there is a vacancy, each time there is a vacancy. Sanford Housing Authority: The City Clerk reported that Rosemary Charles's term expired May 20, 1996; she does not wish to be re-appointed; and that Ida Stephens (the tenant-elected commissioner, per Timothy Hudson) is willing to serve. Commissioner Thomas moved to appoint Ida Stephens to the Sanford-Housing Authority; and to thank Rosemary Charles for her service. Seconded b¥Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye System Development Fee Advisory Committee: The City Clerk reported that the terms of Herbert Cherry and Robert M. Keith expire July 27, 1996. The Commission acknowledged the expirations and took no action. Waterfront Master Plan Steering Committee: The City Clerk reported that Bob Hopkins, Walt Padgett and Molly Hudson were appointed to replace members who had resigned, for terms to expire June 28, 1996. Commissioner Thomas moved to re-appoint Bob Hopkins, Walt Padgett and Molly Hudson to the Waterfront Master Plan Steering Committee for two (2) year terms to expire June 28, 1998. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consent Agenda. A. Requests for payment of statements. (1) (2) City Manager recommended approval. $8,584.90 from Stenstrom, McIntosh, Colbert, Whigham & Simmons for professional services in May, 1996; Invoice C-34,842. $ 433.85 from Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick for professional services in April and May, 1996; Invoice No. 4792. Approval of Minutes of May 20, 1996 Work Session and May 20, 1996 Regular Meeting. On motion of Commissioner Thomas, seconded by Commissioner Lyons and carried by the vote of the Commission as follows: 170 ~05354 MINUTES City Commission, Sanford, Florida the Commission: Mayor Smith Aye COmmissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Regular Meeting June 24 A. Approved payment of statements (1) and (2). B. Approved Minutes of May 20, 1996 Work Session and May 20, 1996 Regular Meeting. Information regardin~ invoices paid durin~ the period for previously approved lump sum contracts. The Commission acknowledged four (4) invoices totalling $41,048.92. Request to board up 26Q6 Marshall Avenue, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Lyons moved to board up 2606 Marshall Seconded by Commissioner Eckstein and carried by the vote of the Commission as 19 96 Avenue. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consideration of court injunction re: Street and Park Avenue. Fina Station, Gas Properties, Inc., owner, Third City Attorney William Colbert reported that his office has determined that filing a court injunction against Gas Properties, Inc., as authorized by the City Commission on June 10, 1996, will potentially be a very cost intensive proceeding. He further reported that the 5th District Court has denied Gas Properties' appeal of the denial of a Certificate of Appropriateness by the Historic Preservation Board, and an appeal of the Code Enforcement Board Order of Non-compliance still pending before the local Circuit Court is expected to be scheduled for oral argument in the next 60 to 90 days and could be clouded by a request for injunctive relief. He then stated that there are three (3) options available: 1) the City Attorney can file the previously authorized court injunction for removal of the fence, the most costly, time-consuming, and uncertain option; 2) the City could ask the City Attorney to begin foreclosure proceedings on the lien from the pending Code Enforcement fine; or 3) the City can wait for the Courts to rule on the Code Enforcement Board order and then take appropriate action based on that final decision, the most cost-effective option and one that will probably take about six months. Commissioner Eckstein moved to proceed with the third option as outlined above by the City Attorney. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consideration of Agreement with Private Industry Council, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to authorize execution of the agreement with Private Industry Council. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consideration of Amendment to the Police Services A~reement with the Sanford Airport E405354 MINUTES Regular Meeting June 24 City Commission, Sanford, Florida Authority, as discussed at tonight's Work Session.- On recommendation of the City Manager, Commissioner Lyons moved to authorize execution of the Airport Police Services Agreement. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Consideration of City Hall phone system upgrades, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas authorized Staff to proceed with City Hall phone system upgrades at a total cost of approximately $60,000.00 and including a $6200.00 discount. SecOnded by Commissioner Eckstein and carried 'by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Nay Consideration of request from the Sanford Advertising Co7op for free use of the Civic Center, as discussed at tonight's Work Session. Commissioner Eckstein moved to deny the request from Sanford Advertising Co-op for free use of the Civic Center based on the fact that it doesn't qualify under the guidelines for free or reduced use. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Lyons Aye Seminole County Branch NAACP, appeared and voiced his Audience participation. Thomas Peele, President, organization's opposition to Ordinance No. 3300 and to changing the charter. He stated that the proposed change, as well as the previously proposed change in educational requirements, appears to be an effort to prevent an African-American from being promoted to the position of police chief. Mr. Peele then requested that any changes be made after the police chief position is filled to eliminate any question of racism within this community. The Chairman explained that Ordinance No. 3300 is not specific to the position of Police Chief, nor does it encompass a change in the Charter; changing the Charter is a separate issue coming up which deals with the supervision of the police and fire chiefs. Earl Myers appeared and stated that Joe Dillard is a fine Deputy Police Chief, who has proven himself, received high evaluations, attended the FBI Academy, and should be given the opportunity to become police chief. Johnell Jackson appeared and stated that he will be requesting several lengthy documents from the City and wants to know what the copywork charge will be, as he has experienced different copywork charges within various City departments. City Attorney Colbert explained the provisions of the Florida Statutes regarding public record copy costs, including per page cost, additional cost for extraordinary time to compile, and for research. There being no further business, the meeting was adjourned. Attest: 171 1996