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120996 rmE405354 292 MINUTES City Commission, Sanford, Florida Regular Meet±rig December 9 1996 The City Commission of the City of Sanford, Florida met in Regular Meeting Monday, December 9, 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 City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Public Hearing to consider second reading and adoption of Ordinance No. 3317, as advertised in the Sanford Herald November 28, 1996. Ordinance No. 3317, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 17, ARTICLE ii, SEC. 17-29 OF THE SANFORD CITY CODE; PROVIDING FOR REFERRAL OF PARKING INFRACTIONS TO A CIVIL TRAFFIC iNFRACTION HEARING OFFICER; PROVIDING THAT THE OWNER SHALL BE RESPONSIBLE FOR ILLEGAL PARKING; PROVIDING FOR REMOVING, IMPOUNDING AND IMMOBILIZATION OF VEHICLES BEARING OUTSTANDING CITATIONS; PROVIDING FOR FINES AND PARKING REGULATIONS; PROVIDING FOR DEFINITIONS; AND PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. introduced and placed on first reading at meeting of November 25, 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. 3317. No one appeared. 3317. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 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 Public Hearing to consider second reading and adoption of Ordinance No. 3319, as advertised in the Sanford Herald November 28 and December 5, 1996. Ordinance No. 3319, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN WEST 16TH STREET AND WEST 18TH STREET AND BETWEEN SOUTHWEST ROAD AND ROOSEVELT AVENUE (1605 SOUTHWEST ROAD), IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of November 25, 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. 3319. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3319. 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 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting 293 December 9 19 96 Ikublic Hearing to consider second reading and adoption of Ordinance No. 3320, as advertised in the Sanford Herald November 28, 1996. Ordinance No. 3320, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 2-315 OF CHAPTER 2, ARTICLE XIX, CIVIL SERVICE BOARD AND CIVIL SERVICE SYSTEM, OF THE SANFORD CITY CODE TO ELIMINATE FROM THE CIVIL SERVICE SYSTEM, EMPLOYEES COVERED UNDER APPROVED COLLECTIVE BARGAINING AGREEMENTS, WHICH SPECIFICALLY REMOVE SAID COVERED EMPLOYEES FROM CIVIL SERVICE SYSTEM; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of November 25, 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. 3320. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3320. 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 Public Hearing to consider second reading and adoption of Ordinance No. in the Sanford Herald November 28 and December 5, 1996. Ordinance No. 3321, entitled: 3321, as advertised .AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN COUNTY ROAD 427 AND NORTH WAYAND BETWEEN COUNTY ROAD 427 AND KEYES AVENUE, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of November 25, 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. 3321. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3321. 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 Public Hearing to consider second reading and adoption of OrdinanCe No. 3322, as advertised in the Sanford Herald November 28, 1996. Ordinance No. 3322, entitled: AN ORDINANCE' OF THE CITY OF SANFORD, FLORIDA, SETTING FORTH A METHOD BY WHICH WITNESSES SHALL BE COMPELLED TO ATTEND AND DOCUMENTS SHALL BE PRODUCED BEFORE THE CITY COMMISSION; PROVIDING FOR SERVICE OF THE SUBPOENA FOR FEES, AND FOR PENALTIES. introduced and placed on first reading at meeting of November 25, 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. 3322. No one appeared. Commissioner Lyons moved on the second reading and adoption of said Ordinance No. 3322. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: 294 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting December 9 19 96 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Reconsideration of Appeal of Denial of Application for Certificate of ApDropriat-nessbythe Historic Preservation Board re: demolition of 219 South French Avenue. The Chairman reported that this is the reconsideration of an action taken by the City Commission on October 14, 1996, which was' an Appeal of Denial of an Application for Certificate of Appropriateness by the Historic Preservation Board. Commissioner Howell moved to overturn the Historic Preservation Board's decision, and to approve the Certificate of Appropriateness to demolish the property located at 219 South French Avenue, conditioned upon the owner salvaging the historically significant materials to restore other structures in the district, and removing all waste upon completion of salvageable goods. City Attorney William Colbert reported that since any action taken by the City Commission would affect property, the Commission may want to inquire whether there is anyone present who would like to speak regarding this issue. The Chairman announced that the Commission would hear from those persons present to speak regarding this issue. No one appeared. The City Attorney reported that the City Commission has the ability to overturn the Historic Preservation Board's decision, that there is always the concern of setting a precedent, however, the Application provides several reasons why approval of the Certificate of Appropriateness would not set a precedent, including the fact that even though this is a dwelling it is a commercial property, which is different from much of the district, that the applicant has not owned the property for a long period of time, and did not permit the property to deteriorate, that the historically significant materials will be salvaged and used to restor homes in the area. Commissioner Eckstein seconded the motion to overturn the Historic Preservation Board's decision, and to approve the Certificate of Appropriateness, to permit the demolition of the dwelling at 219 South French Avenue, with conditions as previously stated. Commissioner Lyons reported that the owner stated that the property is beyond repair, and that he has not seen any paperwork to substantiate that reconstruction of the property/structure would be cost prohibitive. Commissioner Howell reported that the property would be better used commercially, and that the materials will remain in the historic district. The City Manager reported that the property owner has indicated that the structure has significant termite damage, which would cause an economic hardship to restore the property. The Chairman called for a vote on the foregoing motion to overturn the Historic Preservation Board's decision, and to approve the Certificate of Appropriateness to permit the demolition of the property at 219 South French Avenue, conditioned upon the owner salvaging the usable materials for use on other structures in the Historic District, and removing waste upon completion of salvageable goods. Said motion carried by the vote of the Commission as follows: CITY COMMISSION CITY OF SANFORD, FLORIDA RECONSIDERATION OF ACTION TAKEN AT PUBLIC HEARING ON OCTOBER 14, 1996 IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION BOARD FOR CERTIFICATE OF APPROPRIATENESS TO SALVAGE USABLE MATERIALS AND DEMOLISH AND REMOVE THE UNUSABLE MATERIALS RE 219 SOUTH FRENCH AVENUE, SANFORD, FLORIDA. The City Commission, upon reconsideration of, and based on the clear and convincing evidence contained in the record before the Historic Preservation Board (HPB) on September 12, 1996, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 219 South French 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 September 12, 1996 the HPB denied the Application for Certificate of Appropriateness to salvage the usable materials for use on other structures in the Historic District, then demolish and remove the unusable materials. (5) That the salvage of usable materials for use on other structures in the Historic District and demolition and removal of the unusable materials is appropriate. CONCLUSIONS OF LAW (1) This commission finds that said salvage/demolition/removal is permitted on this structure in the Old Sanford Residential Historic District. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request to salvage usable materials for use on other structures in the Historic District and demolish and remove the unusable materials is approved and the decision of the HPB of September 12, 1996 is reversed and the decision of the City Commission of October 14, 1996 is reversed. DONE AND ORDERED this 9th day of December, 1996. $ City ~ler~/ ~ I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Roy and Cindy Zimmer, 404 Olulu Drive, Winter Park, Florida 32789, this ~ day of January, 1997. .% City Cl~rk V I~illl{~. Iii t~m~u{{U~{l~{l{~{{i I1~1! E405354 MINUTES City Commission, Sanford,' Florida Regular Meeting 295 December 9 1996 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye ..Amendment No. 21, to Engineering Services Agreement with Conklin, Porter and Holmes- ~Dgineers, Inc. re: Engineering Services during Mill Creek Year 2 Drainage Improvements. On recommendation of the City Manager, Commissioner Howell moved to approve Amendment No. 21, to original Agreement dated December 17, 1987, in an amount not to exceed $46,217.90. 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 Amendment No. 23, to Engineering Services Agreement with Conklin, Porter and Holmes- Engineers, Inc. re: Final Design of Mill Creek Year 3 Drainage Improvements. On to original Agreement dated December 17, 1987, in amount of $71,886.00. recommendation of the City Manager, Commissioner Howell moved to approve Amendment No. 23, Seconded by Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Information from Planning and Zoning Commission Meeting of Thursday, November 21, 1996, as described in memorandum dated November 22r 1996, from Land DeveloDment Coordinator. No action required or taken. ProDosal from Tilden Lobnitz CooDer re: Fiber Optic Connection Study. On recommendation of the City Manager, Commissioner Thomas moved to accept said proposal from Tilden Lobnitz Cooper in an amount not to exceed $1,410.00, and execution of same. 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 request for Proposal 96/97-21 re: Roll-Off Compactor Services. In response to Commissioner Howeil's ques=ion whether the bid process is to get the best price,the City Manager reported that in the case of engineering services we are looking for qualifications, with construction projections normally we look for the lowest bid, which meets qualifications/specifications, and is Viewed as being responsive; that relative proposals, as with this case, there is generally language in a Request for Proposal that provides guidance as far as what is important to the City such as price, reliability, equipment and personnel as well as the contractor's experience. Commissioner Howell reported that memorandum dated November 26, 1996, from the Director of Public Works is playing around with the bid process, that the bids are sealed so there is no tampering of same, that if the bid meets specifications Staff, Mr. Herman, should not be making a recommendation. Mayor Smith reported that the City Commission has always relied on Staff to make recommendations, and should continue to do so. Commissioner Thomas and carried by the vote of the Commission as follows: 296 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting December 9 1996 Commissioner Eckstein reported that Jennings Environmental Services ("Jennings") has served its customers well, has a good track record, and that if there is a small differential in prices he would prefer to stay with Jennings. In response to Commissioner Howell's comment that Jennings has been sold, John Jennings, Jennings Environmental Services, reported that Jennings has entered into an agreement with USA Waste Services whereby USA Waste Services gets the benefit of Jennings' earnings and Jennings gets the benefit of USA Waste Services' stability, that Jennings has taken over USA Waste Services' operation in Florida, that this is a share-for-share tax free exchange, and that no Jennings shares have been sold. Commissioner Lyons reported that his wife is employed by Jennings, that he will abstain from voting, and file a Conflict of Interest Form with the City Clerk's Office. Commissioner Eckstein moved to accept/approve the proposal from Jennings, for roll- off compactor services, at rates as described in memorandum dated November 26, 1996, from Director of Public Works. 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 Abstained Award for Construction of Mill Creek Year 2 Drainage Improvements. On recommendation of the City Manager, Commissioner Thomas moved to award said construction contract to Prime Construction Group, Inc., the lowest bidder meeting specifications, in amount of $718,500.00. 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 First reading of Ordinance No. 3323. On motion of Commissioner Howell, 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 Ordinance No. 3323, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 24½, OF THE SANFORD CITY CODE ENTITLED "PUBLIC BUSINESSES OPERATING AT NIGHT"; PROVIDING DEFINITIONS ESTABLISHING RELATIONS, ESTABLISHING SECURITY MEASURERS INCLUDING TRAINING,NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION; ESTABLISHING PENALTIES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. The City Manager reported that the proposed ordinance was crafted in such a way to blanket all businesses doing retail business between 10:00 P.M. and 5:00 A.M. with definitions/requirements in a matrix form, that he and Deputy Police Chief Dillard have concerns about some of the requirements as applied to some of the types of businesses, and that if the City Commission chooses to proceed with second reading of said ordinance at the next meeting, one alternative would be to adopt as is or approve on first reading, and consider adjusting the scope of impact of the ordinance, after Staff provides comments and recommendations at the December 23, 1996, Work Session. The City Manager asked each member -- FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAh, IE--MIDI.)L E NAME MAILING ADDRESS CITY (.'OUNTY 5ANF-~ ~-b 3~-~73 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEI~ THE BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: .~cl'rY · (X)UNTY ] OTHER I.OCAL AGENCY NAME OF POLITICAl. SUBDIVISION: c:r'r y DATE ON WHICH VOTE OCCURRED MY POSITION IS: ~ELECTIVE ;3 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 Stat utes. 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 intel:est will Vary greatly'depending on whether you. hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing'the rever~e side and filing the form. ~ . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA-STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting ona 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 or 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 recordin~ the minutes of t"--'~he meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive cb~umy, municipal, or other local public office MUST ABSTAIN from voting on a measure whict inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th, special gain of 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 mus disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whethe made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE'MEETING AT WHICI- THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible fo recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest 1F 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~c!3ys after the vote occurs with the person responsible for recording the minuv of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on (a) A measure came or will come before my agency which (check one) ~inured to my special private gain; or .. inured to the special gain of (b) The measure betbre my agency and the nature of my interest in the measure is as follows: , by whom I am retain~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIR DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWlb IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. E405354 MINUTES City Commission, Sanford, Florida Regular Meeting 297 December 9 19 96 will be asked to attend said meeting. PubiicEmployee Relations Commission: The City Clerk reported that the terms of Garnett White and Michael E. Gray expire December 31, 1996, that both have been contacted and are willing to serve again, if re-appointed. Commissioner Howell moved to re-appoint Garnett White and Michael E. Gray to the Public Employee Relations Commission. 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 Central Examining Board: The City Clerk reported that the terms of Roosevelt Green, A1 Porzig and Elmer Smith expire January 10, 1997, and that all three individuals have been contacted and are willing to serve again, if re- appointed. commissioner Howell moved to re-appoint Roosevelt Green, A1 Porzig and Elmer smith to the Central Examining Board. 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 Scenic Improvement Board: The City Clerk reported that the terms of David Gatchell, Tim Donahoe and Juanita Mercer expire January 31, 1997, and that no information has been received relative whether these individuals would be willing to serve again. The Commission concurred to consider these re- appointments at the December 3, 1996, Regular Meeting. Consent Agenda. A. Tabulation of Bid #96/97-11, Recreation Shirts (Recreation & Parks Department). The City Manager recommended acceptance of the low bid, which met specifications, from Thompson's Sporting Goods in amount of $9,509.25. Be Special Procurement for Drug Testing coordination by Certified Medical Review Officers (MRO). The City Manager recommended Agreement with Centra Care for MRO Services, as described in memorandum dated November 26, 1996, from Personnel Director On motion of Commissioner Howell, seconded byCommissioner 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 the Commission: ae Accepted low bid, which met specifications, from Thompson's Sporting Goods in amount of $9,509.25. Approved Agreement with Centra Care for MRO Services, as described in memorandum dated November 26, 1996, from Personnel Director Dedication of Cultural Arts Center to Mayor Bettye D. Smith. Commissioner Eckstein reported the Commission has exhibited loyalty toward Mayor smith, in recognition of the many things she has done over the past twelve (12) years as Mayor, by naming the Cultural Arts Center after Bettye D. Smith. Stairs Building. Commissioner Howell requested an update regarding the Stairs Building. Director of Community Development Charles Rowe reported receipt of an anonymous phone call about work being done on this structure without a building permit, that Staff visited this location and found that a bathroom was being installed, that no living area has been established, that the owner was told'to cease all work, and has done so. 298 E405354 MINUTES City Commission, Sanford, Florida Regular Meeting December ~-i9 96 Proposal from Conklin, Porter and Holmes, re: Operating Permit for Water Reclamation Facility. On recommendation of the City Manager, Commissioner Eckstein moved to approve said proposal from Conklin, Porter and Holmes in amount of $8,000.00, to perform Reuse Feasibility Study, and execution of the Letter of Agreement regarding same. 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 602 West 27th Street. The City Manager reported that this property is a code enforcement problem, that he anticipates this property being included on the next condemnation list for City Commission consideration, and recommended that the property be boarded up. On recommendation of the City Manager, Commissioner Howell moved to authorize Public Works to board up the property at 602 West 27th Street. 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 Tri-Party Resolution relative Light Rail and request for expenditure of CRA monies re: contract with Andersen and Associates. The City Manager reported that he will provide additional information at the December 23, 1996 Meeting relative a Tri-Party Resolution between the City of Sanford, Seminole County, and the Community Redevelopment Agency to encourage light rail in Seminole County. Request from the City of Sanford Community Redevelopment Agency ("CRA") for City Commission approval to exDend CRA funds for compilation of various CRA pro~ects. The City Manager reported that the CRA has approved a contract with Andersen and Associates in amount of $1,000.00, to identify possible CRA funded projects, and that expenditure of CRA funds requires City Commission approval. Commissioner Howell moved to authorize the use of CRA funds in amount of $1,000.00, 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 801 Magnolia Avenue. The City Manager reported that the Building Office, Code Enforcement, and the Fire Marshall have determined that there is basis for revoking the occupational license to operate this three (3) unit apartment complex, and recommended that a hearing be held on December 23, 1996, for City Commission consideration. On recommendation of the City Manager, Commissioner Howell moved to authorize that a hearing be held on December 23, 1996, to consider the revocation of the occupational license to operate a three-unit apartment complex at 801 Magnolia Avenue. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: E405354 MINUTES City Commission, Sanford, Florida Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Time Warner Cable Rate Increase. Regular Mee~n q 299 December i~ 19 96 The City Manager reported that Time Warner Cable ("TWC") has provided notice of a rate increase effective January 1, 1997, has listed the City's phone number as the contact number, and that complaints received by his office regarding same will be forwarded to TWC. The Commission concurred that the City Manager forward a letter to Time Warner Cable requesting that a rate increase not be implemented. Special City Comission Meeting Wednesday, December 18, 1996. The City Clerk confirmed that each member of the Commission received their Notice of the Special Meeting on December 18, 1996 at 12:00 noon, to confirm, ratifY and certify the December 17, 1996, Run-Off Election results. Also, the Commission concurred that the same advertising and delegation of Canvassing Board duties, and police officers be used for the December 17, 1996, Run-Off Election, as in the December 3, 1996, Regular Election. There being no further business, the meeting was adjourned. Attest: FCity Clerk