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121492-Work SessionMINUTES City Commission, Sanford, Florida 461 D~.c~.mb~.r 14: 1992_ Th~ City Commission of the City of Sanford, Florida met in Work Session on Monday, December 14, 1992 at 4:30 o'clock P.M. in the City Manager's Conference Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner A. A. McClanahan Commissioner Lon Howell City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Donahoe The Chairman called the meeting to order. Presentation byJimWillard regardin~ Seminole Towne Center. Tom Schneider, Project Manager; Bill Hammer, Finance; Lisa Friedman, In-House Counsel; and Myron Louick, Outside Legal Counsel, were present. Jim Willard reported that ground breaking and mall construction could commence as early as next summer, with a planned opening in August of 1995. Further, as previously agreed-upon, TIF bond proceeds will be used to construct certain road (public) improvements, which include: 1) six laning of SR 46, 2) two additional lanes on Rhinehart Road, 3) construction of Oregon Avenue through the property, 4) east/west connector road (Wilson Avenue), and 5) water and sewer lines, and any improvements in excess of what the bond projection can fund will be borne by the developer. Also, the purpose of the Seminole Towne Center Redevelopment Agreement is to address areas of coordination/cooperation between the developer, the City and the Community Redevelopment Agency ("CRA"), with respect to construction activity, and naming a development coordinator for coordinating design, construction scheduling, and inspection activities. Bill Hammer reported that the bonds will be issued in an amount sufficient to cover the cost of construction activity and interest payments before tax revenues are realized. Further, in no year during the fifteen (15) year repayment schedule, will the TIF require more than 50% of the taxes generated in the City. City Manager reported that the proposed Redevelopment Agreement will be on the December 28, 1992, Agenda for City Commission consideration. Agreements with Conklin, Porter & Holmes: A. Amendment to Engineering Services Contract dated December 7, 1983, in amount of $33,871.99 (Target Ceiling Cost $29,453.91/Fixed Fee $4,418.08), for Elimination of CSO and/or Stormwater Inlets/Sanitary Sewer Collection System. B. Request for Fee Increase from $452,241.05 to $499,491.05 ($47,250.00), of which is $451,329.17 is Target Ceiling Cost and $48,161.88 is Fixed Fee Percentage. C. Amendment No. 38, to Contract dated December 17, 1987, in amount of $23,000.00, for "Year One" Final Design of Mill Creek/Cloud Branch Drainage Basins. D. Agreement in an amount not to exceed $47,085.00, for Revisions to Master Water and Wastewater Plans with emphasis on Southern and Southeastern areas of City. City Manager reviewed Agreements A, B, C and D, above, and stated that items A and B are requests for increases to contracts as a result of unexpected conditions. FY 92/93 Health Insurance. After discussion, the Commission concurred to proceed as described in memo dated November 18, 1992, from Personnel Director. MINUTE S City Commission, Sanford, Florida Proposed ordinance revision regarding City Code Section 3-23(B), Open Container. City Attorney reported that the City's current open container ordinance is difficult to enforce because a police officer must observe an individual drinking from the container, and recommended that said ordinance be amended to include a provision whereby it will be unlawful for any person to consume, possess or carry alcoholic beverages in an open or unsealed container. (Commissioner McClanahan absent from the meeting.) The consensus of the Commission was to authorize City Attorney to prepare the proper ordinance to amend City Code Section 3-23(B), as presented. Request from Seminole County Bar Association Legal Aid Society, Inc., for financial assistance, for telephone e~uipment replacement. After discussion, the Commission concurred that there are no available funds to support such a contribution, and directed Staff to prepare a letter, for the Mayor's signature, explaining the City's position. Request to purchase Com~uter Voice Stress Analyzer ("CVSA") and training of two investigators. Police Chief Steve Harriett reported that this equipment would provide an excellent form of assistance. The consensus of the Commission was to authorize the purchase of CVSA equipment, and the training of two investigators. Riverfront Master Plan. (Commissioner McClanahan present at Meeting.) After discussion, the Commission authorized Staff to proceed as described in memo dated November 18, 1992, from Director of Planning and Development. Staff to report back to the Commission with format proposal. Impact Fee Updates for Police, Fire and Recreation. Tom Whitenhour, Solin & Associates was present. Director of Planning Jay Marder reported that he concurs with Systems Development Fee Advisory Committee's recommendations, as described in his memo dated November 30, 1992. Further, although higher impact fees are justified for recreation, the Committee felt that said fees should remain the same Unless and until there are actual planned projects. Small Scale Comprehensive Plan Amendments - Advertisements~ Procedures and Fee Adjustment. (Commissioner Howell absent from Meeting.) After discussion, the Commission concurred that the proper ordinances/resolutions be prepared to adopt/implement fees as presented by Director of Planning and Development, and described in his memo dated November 19, 1992. (Commissioner Howell present at Meeting.) First Amendment to Cost Sharing Agreement, for Contamination Assessment regarding former Sanford Gassification Plant. city Attorney reported that the Commission previously approved the Cost Sharing Agreement with Florida Power Corp., Florida Power & Light, and Atlanta Light & Gas, in amount of $200,000.00 (City's share not to exceed $40,000.00), for contamination assessment regarding the former Sanford Gassification Plant, and that said Agreement needs to be amended to remove the requirement for FDER approval of QAPP, CAP and CAR, because FDER will not review and approve the QAPP and CAP without a Consent Order. MINUTES City Commission, Sanford, Florida Work Session 463 December 14, 1902 The consensus of the Commission was to approve said First Amendment to Cost Sharing Agreement. School Board Land Purchase. City Manager reported that the Seminole County School Board has provided one up-to- date appraisal in amount of $615,000.00, which included the parcel of land sold to Checkers, and, therefore, the land to be acquired by the City is more in the range of $590,000.00. Also, City Attorney has advised, that according to Florida Statutes, the City is not required to obtain a second appraisal at a cost of $2,500.00 if the City Commission overtly makes a determination not to get said second appraisal. The consensus of the Commission was not to obtain a second appraisal. City Manager reported that two proposed agreements: 1) Addendum to Contract for Sale and Purchase, and 2) Contract of Assignment, are available for City Commission consideration at tonight's Regular Meeting. Police False Alarm Ordinance. Commissioner Eckstein proposed that false alarm fees be limited to $150.00 or $175.00 for non-profit organizations, and/or a $200.00 cap for everyone. Police Chief Steve Harriett reported that false alarm fees were adopted to cover the cost of providing the service, and recommended that the Commission consider counting all alarms within a twenty-four (24) hour period as one occurrence. On recommendation of City Manager, the Commission concurred to have Staff provide alternatives for fees/fee cap, and report back to Commission at the next meeting. Resignation of Police Chief Steve Harriett. .. Mayor Smith reported that Steve Harriett has submitted his resignation as Police Chief, effective December 31, 1992, and recommends that Captain Ralph RusselI be appointed Interim Police Chief. The consensus of the Commission was to appoint Captain Ralph Russell as Interim Police Chief, effective January 1, 1993, for an indefinite period of time, and referred this item to tonight's Regular Meeting for City Commission action. (Mayor Smith recessed the Meeting for 10 to 15 minutes - The Mayor reconvened the Meeting.) Community Development Block Grant Interlocal Agreement with Seminole County, for County-wide Housing Rehabilitation Program for 1992-93. The Commission referred this item to tonight's Regular Meeting for City Commission consideration. Expanded Service Calling Area. City Manager reported that Seminole County and the City of Lake Mary have requested that the City of Sanford share in the cost of retaining legal counsel, to petition the Florida Public Service Commission ("PSC") to overturn their Staff's decision to use the "old" balloting method, and to accept the "new" rules, under which the expanded service calling initiative would have passed. After discussion, the Commission concurred not to authorize additional funding for legal counsel, and not to support the $3.00 a month toll free calling plan, as the City had originally requested rate equity, and not toll-free calling for an additional fee. The Commission instructed City Manager to send a letter to Seminole County and the City of Lake Mary, with a copy to PSC, indicating the City's position as discussed. 464 MINUTES City Commission, Sanford, Florida Work Session December 14. 1992 Appeal of Denial of Conditional Use request for "The Party Machine". City Manager reported that at the November 23, 1992 Regular Meeting, the Commission took no action relative to the Appeal of Denial of Conditional Use for "The Party Machine", and referred said matter back to the Planning and Zoning Commission for further action, and/or findings of fact to support the decision, and that Thelma Mungen has requested a refund of the Appeal Fee in amount of $250.00, as a result of same. The Commission concurred with City Manager's recommendation to refund said $250.00 Appeal Fee. Acceptance and Transfer of Property for Affordable Housing Pro~ect. City Manager reported that Ralph Schmidt has advised that he will not proceed with land donation for the affordable housing apartment development at this time. Special Meeting of December 23, 1992. City Commission Members confirmed receipt of the Special Meeting Notice for December 23, 1992, to canvass the votes of the Municipal Run-Off Election on December 22, 1992, to elect one Commissioner, District 1. There being no further business, the meeting was adjourned. Attest: f/ City Clerk