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062397 ws/rm min.E405354 MINUTES City Commission, Sanford, Florida WORK SFSSInN 3une 73 19 97 The City Commission of the City ofSanford, FIor/da met in Work Session on Monday, June 23, 1997, at 5:15 P.M. in the City Manager' s Conference Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Vetma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert Implementation of reerades and proposed revised pay plan. City Manager Simmons distributed an analysis sheet of budgetary projections regarding recommendations for regrades and a revised pay plan in his June 10, 1997 memo, and discussed the different scenarios on a financial basis. There were three scenarios discussed: the do nothing scenario, the 3% per year with no provision for merit pay scenario and an additional 1% to be budgeted and either distributed or not distributed according to the Commission's direction. He reported the money for these proposals is included in the various budgets~ He reported that if we change our method of payment right now and get away from the 5% increase, it begins to open up some opportunities in 1999. This proposal represents a large dollar amount this year, basically because the City is behind in parity with other municipalities, and he would like to be more in parity by fiscal year end. It will be about a 10~% increase in personnel costs for this year (about a $1.5 million increase across the board in all departments). Commissioner Lyons expressed concern with a 3% base pay increase per year. His suggestion was doing a time in service increase every other year, and a regrade in the opposite year. Mayor Dale questioned if the City has a problem filling vacancies because of the pay scale. City Manager Simmons responded that in some cases that is true. Mayor Dale felt that City Manager Simmons' proposal was a big bite all in one year, and would not leave funds to do other things within the City. He would like to see the projected revenue figures before he tries to budget for personnel regrades and new hires. Designating voting delegate to Florida Leaflue of CitieS' Annual Conference. The Commission concurred that Commissioner Willjams will be the voting deIegate and Commissioner Lessard reported he would like to attend the conference. EMS transport. Mayor Dale reported he had requested Fire Chief Hickson to put together different scenarios as to the EMS transport for the City. Chief Hickson reported the previous Commission did not want us to do our own EMS transport because in the north end ofthe County we would stand alone and would have no backup, and didn't feel we had the resources to do it. Now that the County has decided to do their own transport, there is a backup system in place, the safety network is there, and it is time for the 'City to do its own transport. He presented a scenario whereby the County is willing to pick up station 38's transports for a specified amount of time. Stations 31 and 32 currently have personnel and equipment in place for transport. He reported Seminole County wants to charge the same rate, $280.00, throughout the County. He would like to be able to start transport around the 16th or 17th of July. The revenue and collection rates have been projected at about 50%. Comm/ssioner Lyons asked if this service would be for transport of patients for treatment or just for emergencies. Chief E405354 MINUTES City Commission, Sanford, ~Florida 50-7 WORK SFgSTfiN 3 ~ne 23 19 97 The consensus of the Commission was to proceed with initiating an EMS transport service through the City F/re Department as outlined. Funding assistance request from RaeeTrae for water line extension on SR 46. City Manager Simmons reported there is currently no water line on the south side of SR 46 in th/s area. He felt the City, by paying half of the cost of a water line for RaceTrac, would be setting up an economic development initiative. Mayor Dale concurred saying he would like to square off the City boundaries. Paul Bland with RaceTrac, reported that if the City does not accept "in concept" the proposal to contribute half the cost (approximately $70,000.00)of the waterline extension, RaceTrac was prepared to develop the land in the County. This would be about a $2.1 million investment for RaceTrac. City Manager Simmons requested if the Commission does accept the proposal "in concept", they do so without including the sign waiver. All Commissioners concurred that the sign issue would have to be referred to the Planning and Zoning Commission. Request from Geneva L. Mitchell for an aereement to pay offa City Lien on 1706 Bell Avenue to facilitate her purchase of the property. City Manager Simmons reported Geneva L. Mitchell would like to acquire a piece of property owned by GoldenRule Homing that is adjacent to her property, which has a demolition lien against it. Orig/nally the Commission approved to'split the lien and apply half to the west portion on which Ms. Mitchell owns a home, and half to the east portion which Ms. Mitchell now wishes to acquire. At the time of purchase, the Commission waived half of the lien on the west portion, and now Ms. Mitchell would like the east portion handled in the same way. The City Manager submitted a recommendation to waive half of the existing lien and accumulated interest to date on the eastern portion of 1706 Bell Avenue as stated in the minutes of the January 8, 1996 Commission Meeting, provided that Ms. Mitchell also agrees to pay the unwaived portion of the lien and interest on the western half, not previously paid, and authorize an agreement for Ms. Mitchell to make time payments at a monthy principal and interest amount to be mutually agreed upon. Ms. Mitchell reported she is willing to pay $75.00 principal and interest a month toward the unwaived portions of the lien. There being no further business, the meeting was a~oumed. Attest: 5'0 8 E4053~4 MINUTES City Commission, Sanford, Florida RFGULARMEETiNG June 73 19 77 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, June 23, 1997, at 7:00 P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Bmdy Lessard Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty presentation of Seminole County Athlete of the Year Proclamation to Tamara Gilehrist. Mayor Dale read a Proclamation honoring Tamam Gilchrist as Seminole County Athlete of the Year for the 1996-97 school year, for her accomplishment of throwing the shot put a distance of 43 ft. 1-3/4 in. for Seminole High School. The Proclamation was presented to Ms. Gilchrist who thanked the Commission for their support. Citizen's Advisory Board. Mayor Dale announced that the next Citizen's Advisory Board meeting will be held Wednesday, July 9, i997 in the City Commission Chambers at 7:00 P.M. Citizen participation, No citizen participation. ApprOval of City Commission meeting minutes. Commissioner L yons moved to approve the City Commission meeting minutes of May 19, 1997 Regular Meeting; May 22, 1997 Special Session; June 9, 1997 Work Session and June 9, 1997 Regular Meeting. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearin~ to amend Ordinance No. 311% Land Development Reeulations. SectiOn 2, Schedule A. Land Use Classifications, and Section 2. Schedule B, Permitted USes re: combinin~ alcoholic beveraees sales categories. and first reading of Ordinance No. 3348. Ad published June 12, 1997. City Manager Simmons read the recommendation of the Planning and Zoning Commission, to approve the proposed revisions to Sanford's Land Development Regulations amending Schedule A, Land Use Classifications and Schedule B, Permitted Uses, combining alcoholic beverage sales classi~cations for each land use category ~- off premises consumption and on premises consumption - in order to align the Zoning Ordnance Land Development Regulations and the Alcoholic Beverage Code. The Mayor announced the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed change. No one appeared. Commissioner Lessard moved to accept the recommendation of he Planning and Zoning Commission to amend Schedule A, Land Use Classifications and Schedule B, Permitted Uses, of the Land Development Regulations and combine alcoholic beverage sales classifications for each land use category, in order to align the Zoning Ordinance Land Development E405354 MINUTES City Commission, Sanford, ~Florida RFR/II AR MFFTTNR 509 ,1UnP 73 19 97 Regulations and the Alcoholic Beverage Code. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Cormmissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay First readine of Ordinance No. 3348 re: providin_~ revised classifications for alcoholic beverage establishments and revised permitted use provisions regardine alcoholic beverages. Commissioner Eckstein moved on the first reading of Ordinance No. 3348, enti~ed: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117, SCHEDULE A, LAND USE CLASSIHCATIONS, TO PROVIDE REVISED CLASSIFICATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS; AND SCHEDULE B, PERMITTED USES, TO PROVIDE REVISED PERMITTED USE PROVISIONS REGARDING ALCOHOLIC BEVERAGES; SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS EFFECTIVE DATE AND INCLUSION. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Nay Public hearing to consider second readin~ and adoption of Ordinance No. 3344, to increase membership of the Cemetery Advisory Committee by one person. Ad published June 13, 1997. Mayor Dale announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3344. No one appeared. Commissioner Eckstein moved on the second reading and adoption of Ordinance No. 3344, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 1 OF ORDINANCE NO. 2005 OF THE CITY CODE, TO INCREASE MEMBERSHIP OF THE CEMETERY ADVISORY COMMITTEE BY ONE PERSON; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hcarine to consider second readine and adoption of Ordinance No. 3345, to increase the residential utility deposit to $75.00. Ad published June 13, 1997. Mayor Dale announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3345. No one appeared. Commissioner Lessard moved on the second reading and adoption of Ordinance No. 3345, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ARTICLE I/I, WATER, SEWER AND DRAINAGE CONNECTION AND CONTROL CHARGE OF THE SANFORD CITY CODE, TO DELETE SECTION 2843(d) AND TO PROVIDE A NEW SECTION 2843(d) INCREASING RESIDENTIAL UTILITY DEPOSITS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 510 F,405354 MINUTES City Commission, Sanford, Florida REGULAR MFFTING 73 19 97 Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearin~ to consider second readine and adoption of Ordinance No..3346, adopting an amen~!ed Classi~¢!ttion and. pay plan effective immediately to regrade various positions retroactive to October 1, 1996. Ad published June I3, I997. Mayor Dale announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3346. No one appeared. Commissioner Eckstein moved on the second reading and adoption of Ordinance No. 3346, entitled: AN ORDNANCE'OF THE CITY OF SANFORD, FLORIDA AMENDING ORDNANCE NO. 33 12, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIHCATION AND PAY PLAN EFFECTIVE IMMEDIATELY PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider second reading and adoption of Ordinance No. 3347, adopting an amended pay plan effective immediately to authorize the City Manafter to authorize temporary work week adjustments. Ad published June 13, 1997. Mayor Dale announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3347. No one appeared. Commissioner Lyons moved on the second reading and adoption of Ordinance No. 3347, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 33 12, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1753. adopting a fee schedule for purchase of the Utilities Standards and Specifications Manual and related standard detail drawings. Commissioner Eckstein moved on the adoption of Resolution No. 1753, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD FLORIDA, ADOPTING A FEE SCHEDULE FOR THE UTILITIES STANDARDS AND SPECIFICATIONS MANUAL AND RELATED STANDARD DETAIL DRAWINGS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Seconded by Commissioner Williams. Commissioner Lyons questioned how the prices were established. City Manager Simmons referred the question to Paul Moore. Mr. Moore, Utility Director stated they had gotten proposals and quotes from printers, E4053.54 MINUTES City Commission, Sanford, 'Florida RFGUI:AR MFFTTNG 511 ,ll Ine 23 19.. 97 The motion was earned by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1755. to rename the "Sanford Memorial Stadium" the "Historic Sanford Memorial Stadium". Commissioner Eckstein moved on the. adoption of Resolution No. 1755, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, RENAMING THE" SANFORD MEMORIAL STADIUM" THE "HISTORIC SANFORD MEMOR/AL STADIUM", PROVIDING FOR SEVERABU~ITY AND AN EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of a letter from Clarice Delano regarding operation of a duplex without a conditional use permit. City Manager reported on December 23, t 996 the City Commission voted to revoke the Occupational License for a triplex living unit in Sanford because of numerous uncorrected deficiencies. These deficiencies fell into two categories, the categories having to do with the basic building wh/ch is handled through the Code Enforcement sect/on, and more specific concerns relative the Fire Marsball as it relates to the Life Safety Code. The letter received from Ms. Delano was not clear as to her intent of action from the Commission. Staff made the assumption she was requesting restoration of her license to operate a triplex. Cha~es Rowe, Director of Community Development, reported the deficiencies cited by the Building Division were taken care of at least two months ago. Fire Chief Tom Hickson reported a fire inspection was called for on Thursday, June 19, 1997 and the inspection was done on Friday, June 20, 1997. Some deficiencies were still noted. A re-inspection was done again this afternoon, June 23, 1997 and all deficiencies had been corrected as related to the Fire Department. Full compliance occurred today, June 23, 1997. Mr. Rowe reported that Code Enforcement had called the State of Florida Hotel and Restaurant Inspector, who had originally shut her down. Code Enforcement was informed that the State would not re-inspect until requested to by the owner, and as of tast week Ms. Delano had not requested re-inspection by the State. It was Mr. Rowe' s opinion that Ms. Detano still needed something in writing from the State. City Manager reported that Ms. Delano' s grandfathered land use of the three apartment complex will sunset as of midnight tonight, because six months will have elapsed since she had her license pulled at a City Commission meeting. Ms. Clarice Delano appeared and reported that she had applied to have her license reinstated about two months ago. She also had called the State and they informed her they would not give her anything in writing because she only had three units, and she would need five units to be under their jurisdiction. Ms. Delano stated she had mailed her application to be reinstated, after it had been signed off on by Jay Marder and copied by Gary Winn, Building Official, to the Mayor, along with a typewritten letter, and that she had tw/ce confirmed its receipt with the Mayor' s secretary. Neither the Mayor or his secretary, nor any City Staff present, had knowledge of the receipt of said application and letter. 512 E405354 MINUTES City Commission, Sanford, Florida REGULAR MEETING 3une 73 19 97 The Mayor announced the grandfathered use would not expire tonight, pending a search for the application. No action was taken by the Commission. Utility Easement to Florida Power and Light Company at the Historic Sanford Memorial Stadium. The City Manager reported the purpose of the easement is to provide an access for power service for Florida Power and Light Company off of Mellonville Avenue to reach to stadium, to provide suitable power for the lights and other future uses. Florida Power and Light Company will be setting a transformer on City property. It is too far to go from Mellonville Avenue with a single span service drop. Mike Kirby, Recreation and Parks Director, said he agreed to this location and recommended approval. Commissioner Eckstein moved to approve the Utility Easement to Florida Power and Light Company across City of Sanford, Florida property known as Historic Sanford Memorial Stadium. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consideration of Eco.nomic Development Incentive Al~reement with Florida Extruders International. Inc. Mayor Dale reported the application had been approved October 28, 1996, prior to the current Commission. Commissioner Eckstein moved to authorize execution of the Economic Development Incentive Agreement with Florida Extruders International, Inc. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request from RaceTrac for City to provide fundinl~ assistance for a 2.630 foot water line extension on SR 46 from Central Park Drive to. Eider Road. Mayor Dale reported that this request is for the City to contribute $70,000.00, one half of the total cost, to extend the water line to the west Discussion in the Work Session concluded that if this was approved it would be subject to site layout, signage, etc. Commissioner Eckstein moved to approve the recommendation of the Staff subject to' the site plan and signage. Seconded by Commissioner Willjams. Mr. Bland stated he would like an agreement "in concept" and is willing to work with the City and its separate departments on all the details. The thought is to include the signage as part of the plan development, which would need final approval of the Commission. Commissioner Lessard expressed concern over committing $70,000.00 for the development of a gas station. Mayor Dale explained that these would be monies from the Enterprise Fund, and not tax dollars, and would be a capital investment. Commissioner Eckstein re/terated that by putting in this water line we are setting an aggressive annexation program in motion for this area. There are several more lots with development capabilities for potential growth that could utilize this water line once it is in place. Anyone utilizing this water line would be annexed into the city, and would pay impact fees. E405354 MINUTES City Commission, Sanford, 'Florida RFGIII,.AR MFFTTNR ,1~ Ine, 73 513 19.97 The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Proposed 1%92 TIF Corridor redevelopment plan. City Manager Simmons asked if the Commission wants to take a position on the County adopting a Resolution to establish a community redevelopment agency to develop and implement a redevelopment plan for the U.S. 1%92 corridor within Seminole County, which would be a prerequisite to the establishment of a redevelopment trust fund to accommodate the implementation of tax increment financing for the redevelopment area. It was previously understood that none of the 17-92 corridor would overlap the Sanford downtown CRA. It now appears that there may inadvertently be a couple of blocks overlap between 1st and 3rd Street. The concern is if this County CRA takes the 17-92 corridor, within Sanford we will have very little general commercial which is not covered by one of possibly three CRA' s. Of major concern is that we may have a significant long term percentage of our future tax base growth tied up in one of these CRA's. Jay Marder, Director of Plann/ng and Zoning, reported according to material he obtained from the County Staff, it is his understanding that the County considers the project to be inclusive of municipal as well as County taxes. Mayor Dale asked City Attorney Colbert if the County could pass something that binds the City taxes to a CRA. City Attorney Colbert reported that the statute does delegate authority to the County, and the City had to have the County's permission, for the Mall TIE, to pledge part of the City's tax revenue. The majority of the authority is vested in the County with CRA's, especially a County that has a chartered government. He did not feel confident that the County could not bind or obligate the City's taxes, and he will research this issue. No action was taken on this issue by the Commission. Request from Geneva Mitchell for waiver of a City Lien on the eastern portion of 1706 Bell Avenue, owned by GoldenRule Community Development Corporation, Inc. Commissioner Williams moved to waive half of the existing lien and accumulated interest to date on the eastern portion of 1706 Bell Avenue as stated in the minutes of the January 8, 1996 City Commission Meeting, provided that Ms. Mitchell also agrees to pay the unwalved portion of lien and interest on the westem half, not previously paid, and authorize an agreement for Ma. Mitebell to make time payments at the rate of $75.00 a month principal and interest on the outstanding balance of the lien. Commissioner Eckstein seconded the motion and it carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Agreement with Coca Cola for ten years for a scoreboard at Historic Sanford Memorial Stadium. Mayor Dale reported Recreation and Parks recommends entering into an agreement with Coca Cola for ten years. Coca Cola would have exclusive Coca Cola sales at the concession stand, and in return give a scoreboard, which would cost $5,000.00 to $6,000.00, for the Historic Sanford Memorial Stadium. Commissioner Lessard moved to enter into a ten year agreement with Coca Cola for a scoreboard. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: '514 E4O5354 MINUTES City Commission, Sanford, Florida REGULAR MEETING June 73 77 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Planning and Zoninl~ Commission recommendations from meeting of June 5, 1997. A. Approved Conditional Use for Harrigan's Grill & Bar, 4659 W. 1st Street, for alcoholic beverage sales for consumption on premises. (AB-COP;4COP-SRX) Commissioner Eckstein moved to approve the Conditional Use for Hamgan' s Grill & Bar. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye B. Approved Conditional Use for Times Square Bistro, 107 Magnolia Avenue for beer/wine sales for consumption on premises (BW-COP). This was previously handled by the Commission, and no further action was taken. C. Approved Conditional Use for Hops Grill & Bar, 111 Oregon Avenue, for alcoholic beverage sales for consumption on premises. (4COP-SRX and C-MBP) Commissioner Eckstein moved to approve Conditional Use for Hops Grill & Bar. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye D. Approved Conditional Use for ScoreBoard, 3848 Orlando Drive, for beer and wine sales for consumption on premises. (BW-COP) Commissioner F~ekstein moved to approve Conditional Use for ScoreBoard. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye ConsentAgenda. A. Tabulation of Bids. 1 ) Bid #1FB 96/97-69, Street light poles and mast arms (Public Works Department, Facilities-Fleet-Solid Waste and Street Division). On recommendation of the City Manager Commissioner Eckstein moved to accept the lowest bid that met specifications, from VWR Scientific, in mount of $24,330.00 for 30 complete light poles manufactured by Hapco. Seconded by Commissioner Williams and carded by vote of the Commission as follows: E405354 MINUTES City Commission, Sanford, 'Florida RFGI II ,AR MFFTTNR 515 .llln~ 73 19 97 mmmmm !mmmmmmm ~mmmmmm City Attorney's report. No report. City Manaeer's report. A. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Recommendation to award a contract for Water Main replacement on West 1st Street, SR 46, between French Avenue and Avocado Avenue. This is the area we need to replace the water line before the State does resurfacing on about September 30, 1997. Recommendation from Conklin, Porter and Ho/mes, and from Paul Moore, Utility Director, to award the contract to the tow bidder, H. C. Connell in the amount of $441,972.27. Commissioner Eckstein moved to award the contract to H. C. Connell for Water Main replacement in the amount of $441,972.27. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Pine Shadow Apartments on Florida Avenue. Commissioner Lyons reported he received a call from a concerned citizen reporting Pine Shadow Apartments had been closed down by the State. He requested the City Manager look into the situation. He was concerned that the State had to close something down that the City wasn't aware of. [Commissioner Eckstein briefly left the meeting, then retumed. ] Charles Rowe, Community Development Director reported that Pine Shadow Apartments had a non- transient state license, and there are 43 apartments in the Pine Shadow Apartments complex. An inspection was done on June 12, 1997 which included the State, Code Enforcement Division, and Fire Department. The inspection was prompted by a complaint that was made by one or more tenants residing in Pine Shadow Apartments. The State had gone to Pine Shadow Apartments a few times prior to the June 12 inspection, but that was not known by the City. As a result of the inspection, there were approximately seventeen pages of deficiencies found and a report was made by the Code Enforcement Department and the Fire Department which were given to the City Manager and distributed in the Commission' s mail. The Code Enforcement inspector stated, "presented a threat to the health, safety and welfare of the tenants", the Fire Inspector said, "multiple life safety violations were identified", and Joe Pietroski with the State DPR stated "this complex will be closed immediately ". The State dosed the Apartments on June 13, 1997; the license on the wall was physically removed and the building was surrounded by yellow tape. The question remains what we do now to evacuate the tenants. Another inspection was done on June 23, 1997 by the Fire Department. Mr. Rowe asked for direction from the City Attomey as to the extent of liability to the City if a tenant is injured in this building as a result of one or more deficiencies listed in the inspection report or reports, what steps are available to the City 516 ~05354 MINUTES City Commission, Sanford, Florida REGULAR MEETING June 23 19 97 if it is decided to evacuate Pine Shadow Apartments, and if the City evacuates the tenants, what is the extent of liability as a result of owner loss of income or tenant loss. Fire Chief Tom Hickson reported there was a fire inspection done last year with findings of insufficient smoke detectors and fire extinguishers, and that situation was corrected. There was another inspection done this year on April 5, 1997 and again smoke detectors, fire extinguishers and a hand rail were cited. Another inspection was done and these were not corrected. Fire Marshall Michael McGibeny has sent a letter to Pine Shadow Apartments and the City Manager recommending if they have not accomplished correction of these fire code violations by 12:00 noon on June 26, 1997, their license should be revoked and eviction procedures commence immediately. On Friday, June 20, 1997 Assistant Fire Chief Ron Neel, Battalion Chief Marty Johnson and Fire Marshall Michael McCdbeny physically shut off the power around the area where there were live bare wires and put a lock on the power box. A Police Officer reported he had answered several calls over this past weekend at Pine Shadow Apartments and according to the tenants the State had given them thirty days to get out, and from his observation there were only about fifteen apartments still occupied. Charles Rowe reported the owner has five days after notice from the State to request a hearing, and after that has thirty days to close down. If there is not Compliance at the end of the thirty days the Inspector will prepare a Formal Notice to Show Cause and forward it to the Supervisor in Orlando. This will be forwarded to Tallahassee for an Administrative Hearing. The State does not evict people. City Attorney Colbert reported he has reviewed the notice from the Department of Professional Regulation and the Emergency Suspension Order. The State is preparing to do a Chapter 120 Hearing within no more than sixty days. Through that process if the State determines that these violations exist and are not corrected, they will ultimately have the authority to do a vacation of the property and a demolition of the building. Mayor Dale stated he felt the City would he best served to allow this process to continue. Commissioner Lyons suggested that the Fire Department investigate Geneva Gardens to ensure that the same thing doesn't happen there that happened at Pine Shadow Apartments. Commissioner Eckstein reported that the Housing Authority had made a $990,000.00 offer on Geneva Gardens but has not received a reply. Mr. Rowe stated he has never, without City Commission action, taken an Occupational License, and he sees no reason for that to change. Based on the information he has given the Commission requested direction to revoke the Occupational License for Pine Shadow Apartments. City Attorney Colbert reported that should come before the City Commission after notice and an oppormmty to be heard by the license holder. Commissioner Lyons requested that in the meantime, any trash by the dumpsters be picked up; and in regard to a spray-painted dumpster, make sure it looks at least half-way decent. Mayor Dale requested that if other properties become vacant, that neighborhood patrol be increased. In response to a comment by Commissioner Williams that this is one example of why she feels our Code Enforcement should not he totally complaint driven, Mr. Rowe responded if they go back on cases to keep up E405354 MINUTES City Commission, Sanford, 'Florida RFGULAR MFFTING 517 June 73 ~9 97 with lawn maintenance and that son of thing, they would spend most of their time going back on the cases that they have already inspecteeL They could do that but they would either have to stop answering complaint calls or increase the number of Code Enforcement officers available. Mayor Dale reported he wants to establish a policy that a property owner being out of the state or country does not deter the City from moving forward and pushing the threshold for code infractions or to push the threshold by advertising, posting, etc. when the owner isn't here to accept the citation. The Commission had no objection. Mayor Dale stated if we have a Code Enforcement Board that is not proactive and not willing to set these fines, then let's weed them out and start putting people on there wh0will. Letter of complaint regarding dump truck parked on Hunt in Sanora. Commissioner Lyons distributed copies of a letter received from a concerned citizen regarding a dump truck that was parked on Hunt in Sanoat. He reported the letter stated the Sanford Police had been called at around 8:00 a~m. on June 20, 1997 to report the incident. At 1: 15 p.m. that same aRemoon the truck was still there. Code Enforcement was called and the citizen was informed that the person who needed to respond was out of towrk The Police Department was called again and the citizen was informed someone had gone out and left a note on the truck. The Police had run the tag and it came back registered to a leasing company. The officer was still working on it. The Police Department could not answer the question as to how long the truck could be parked there before it was towed. Mayor Dale requested that Police ChiefDillard look into why no one was dispatched at the time of the call. Commissioner Lyons reported this is a recurring problem with this particular track. It is parked, washed and the oil changed in this residential area continuously. Commissioner Willjams stated that not only does the-Commission need to look at the practices and policies of the Police Department, but maybe all of the departments at some point to ensure an efficient and effective way of handling situations. All other Commissioners concurred with Commissioner Willjams' observation. City Clerk's report. No report. Commissioners' reports. Commissioner Eckstein: A. Reported Jimmy Terwilliger, owner of Miracle Concrete, has expressed a concern that all the development at the airport has not done anything for the City of Sanford. He proposes that every tourist coming into the Orlando Sanford Airport should pay a fee. He had requested Commissioner Eckstein convey this to this Commission. B. Reported the Commission had received a letter from Gary Taylor regarding taxicabs, and the State law about the amount off/ability insurance coverage a taxicab is required to have, and what authority the City would have. Also, concern about smoking in public parks. 5:18 E4,05354 MINUTES City Commission, Sanford, Florida RFglII./~R MFFTTNG ,3~lnP 93 1997 Commissioner Williams: A. Reported Community Pride kickoff was held Saturday, June 21, 1997. She thanked and commended several groups, individuals and business for their help and support. She reported this will be an ongoing project, and that she is asking the eight churches located between 12th Street and 13th Street, and two Missions, and three organizations who hold their meetings in that area, to each select one month to be responsible for the clean up. Also they are asking for a block captain on each street to get involved in cleaning up their own street. B. Thanked the City of Sanford, on behalf of the citizens in District II, for the completion of Phase II of the Mill Creek Project. She reported there has been a lot of positive feedback. She also thanked Commissioner Eckstein for making the initial motion to put this project in motion. C. Informed the Commission that some of the citizens in District II are interested in improving the recreation on their side of town, and are asking the Commission to consider improving Coastline Park by providing a picnic pavilion and restrooms and improved lighting. Commissioner Lessard: A. Thanked Conklin, Porter and Holmes for finding a $14,000.00 math error on a bid sheet. B. Reported he had talked with various kids in the park by Velma Mitchell School about littering after the City had mowed and cleaned it up. C. Feels this Commission is being hoodwinked by one of Sanford's citizens in regards to renewing a license for a triplex. tn regard to this issue, Mayor Dale requested City Attomey Colbert to address personal liability, from the standpoint of negligence, on any individual Commissioner, if there is any. City Attorney Colbert reported that elected officials can be held personally liable, but the general area where an individual elected official could be personally liable is if someone willfully and wantonly disregards the law or Constitutional rights of an individual for the purpose of depriving them oftha~ The courts look at the actions of an eIected collegial body normally with the idea that they are acting in the best interest of the citizens, and it is up to someone to show individual conduct which goes beyond that, and to prove it, before an elected official would be liable. Commissioner Lyons: A. Requested Mayor Dale to send a letter of appreciation to the young people and members of the Church of Jesus Christ of Latter Day Saints in Lake Mary (including Seminole, Volusia, Lake, and Flagler Counties) for helping to clean up the Pace Jackson Cemetery. B. Reported that Mayor Dale sent a letter to the Seminole County Commission, and Commissioner Lyons had attended the first meeting of the Seminole County Commission, in'which the Adult Entertainment issue was addresseel Commissioner Lyons also sent a letter to each of the County Commissioners expressing his views. He feels everyone needs to voice their concerns on this issue. There is another meeting on June 24, 1997 at 7:00 p.m. which Mayor Dale will be attending, and he will try to attend as welI. C. Reported the Highway 46 Gateway is super. E405354 MINUTES City Commission, Sanford, 'Florida 519 REG[II,AR MFFTTNG 3~ne 93 19 97 D. Reported that s/nee he has been appointed liaison to the Waterfront Master Plan Steering Committee he as attended a couple of recent meetings, including one that was a macro goal setting session. The next meeting is to be a micro goal setting session to identify some projects which they can put forward to the Commission and the CRA. He has let the Waterfront Master Plan Steering Committee know that this is a very proactive City Commission and ready for their ideas. E. Reported he wants to have a formal evaluation on paper from the City Commission of the City Manager, City Clerk, Police Chief and Fire Chief, since they fall under the City Commission. He reported that since he has been on the Commission, every year or so the Commission concluded (the employee) has done a good job and awarded a varying percent raise. The Commission had no objection. Mayor-Commissioner Dale: A. Asked Mike Kirby, Recreation D/rector how ticket sales were going for the Jaclde Robinson ball game on June 28, 1997. Mr. Kirby reported there have been about 125 tickets sold, and he expects about 200 will be sold by the end of the week. The game begins a 6:00 p.m. at the Jackie Robinson Stadium. B. Expressed his concern that there may be a large number of people attending a Rave on July 4, 1997 at Tsunami Beach Club in the Sanford Plaza. The advertisement for this event talks about making a point of not allowing them to go back around Tampa since Memorial Day. He directed Staff to enforce all of our Ordinances to their fullest extent to ensure the public safety of this event. "We are hoping for the best, but we will be prepared for the worst." He reported a law was passed by the State Legislature in the spring term, relating to the regulation of Rave Clubs. City Attorney Colbert reported this law became effective May 29, 1997. There being no further business, the meeting was adjourned. Attest: