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032596 ws/rm agenda AGENDA Sanford City Commission Meetings Monday, March 25, 1996 Sanford City Hall, 300 North Park Avenue Sanford, Florida ***************************************************************** Work Session 4:30 o'clock P.M. City Manager's Conference Room 1. Presentation by Herbert Cherry. 2. Presentation by Rick Walke regarding Solid Waste Division Operation as requested by Commissioner Lyons. 3. Discussion regarding Airport Lease Agreement as requested by Commissioner Lyons. 4. Discussion of Consultant Contract Amendment for Public Safety Complex. 5. Discussion of Amendment to Educational Assistance Program. 6. Discussion of short-term economic business stimulation events. 7 . Discussion of proposed ordinance to amend Section 28-43 of the Sanford City Code regarding utility deposit procedures and interest payments. 8. Discussion regarding board appointments/re-appointments. 9. Discussion of Legislative Issues. 10. Discussion of Regular Agenda Items and other items. 11. City Manager's Report. ***************************************************************** Regular Meeting 7:00 o'clock P.M. City Commission Room 12. Public Hearing to consider second reading and adoption of ordinances. 13. Consideration of request from George W. Currie reduction of the two thousand (2,000) requirement between alcoholic beverage sales and churches. for a waiver or foot distance establishments 14. Consideration of requests for street closures and/or sale and consumption of alcoholic beverages in conjunction with Special Events. 15. Consideration of Right-Of-Way Use Agreement for continued use of existing concrete parking area for residential purposes at 610 South Laurel Avenue. 16. Consideration of Letter Agreement with Conklin, Porter and Holmes for "incremental" increase in amount of $11,000.00 regarding Mill Creek/Cloud Branch - Year 2 Project. 17. Consideration of request from Bosek, Gibson & Associates, Inc. for fee adjustment in amount of $21,490.00 regarding renovation of City Hall HVAC System. 18. Consideration of Resolution No. 1724, re: Dreamwold Special Assessment District. 19. Consideration of Athletic Officiating Contract. 20. Information from Planning and Zoning Commission Meeting of Thursday, March 7, 1996. 21. Board appointments/re-appointments. 22. Consent Agenda. 23. Information regarding invoices paid during the period for previously approved lump sum contracts. ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING, OR HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE PERSONNEL OFFICE ADA COORDINATOR AT 330-5626 48 HOURS IN ADVANCE OF THE MEETING. 24. Recommendation from Planning and Zoning Commission Meeting of Thursday, March 21, 1996. 25. Seminole County Tourist Development Council Grant for Soap Box Derby. 26. Procurement of recreation items for Derby Park. 27. Proposal from Architects Design Group, Inc. for Scope of Services for a Planning Study for the Public Safety Complex. 28. Amendment to the Personnel Rules and Regulations regarding Educational Assistance. 29. Audience Participation. MEMORANDUM March 26, 1996 TO: FROM: RE: STAFF CITY MANAGER AND CITY CLERK ***************************************************************** MARCH 25, 1996 AGENDA ITEMS. fJJJ.~~ . 2. ~J. 3. fjJJ) .. Work Session Second Floor (Presentation by Herbert Cherry.) Request attached. Mr. Cherry reported the city has a sewer line running through his property, has put in a road without consulting him, and that he would consider selling this 3 acre parcel to the city for $135,000.00. City Manager Simmons reported the vitrified clay sewer line has been there for some time, there is no record of an easement for it, or for an easement associated with the Cloud Branch stream; and the "road" is a stream maintenance road the city put in to be able to maintain the stream. Further, the 2 parcels are both described as "low and muck" on the Tax Assessor's printout, and are valued by the Tax Assessor at $2,000.00 total. The city needs an easement and a stream maintenance easement. The Commission concurred that the City Manager determine if the city has any need for this property, and advise the Commission. (Solid Waste Division Operation.) Presentation by Rick Walke. Rick Walke, Solid Waste Superintendent, reported the division needs to routinely replace equipment, and suggested eliminating the 4 free "special" piCkups per year, as the cost now is much higher than when the special pickups were instituted, and providing an alternate disposal program. The Commission concurred that the City Manager prepare a 2 or 3 tier (essential needs to aesthetic/quality of life needs) Solid Waste budget for City Commission consideration, and provide alternatives to the 4 free pickups per year. (Airport Lease Agreement.) Draft Lease previously considered by City Commission on December 11, 1995 attached. Discussed; concurred that the City Manager, City Attorney, Steve Coover and Steve Cooke ensure that appropriate dates, legal descriptions, etc. are in the lease, it is executed by the Airport Authority, and bring it back for City Commission approval. 4. (Public Safety Complex.) Information attached. Discussed Proposal; see Item #27 for action. 5. (Educational Assistance Program.) Information attached. 6. ~~.. Discussed; see Item #28 for action. (Economic business stimulations events.) Discussion by Staff. Discussed; concurred in concept; Staff to review and put in adoption form as City Attorney directs. 7. '6 bJ4 .... Lf- 7S (Ordinance payments.) re: utility deposit procedures Information attached. and interest Discussed; concurred; City Attorney to review and prepare Ordinance to adopt. 8. ~.... A. :{2 4 rg ... B. (Board appointments/re-appointments.) Cemetery Advisory Board. Mayor Smith suggested Chris Neal be appointed; Commissioner Lyons questioned the need for a Cemetery Advisory Board; Mike Kirby to review need with the Board and advise the Commission. Nuisance Abatement Board: Commissioner Thomas suggested appointing Bennie Alexander; the Commission noted Commissioner Howell previously suggested appointing Leigh Skat, and concurred to appoint the entire board at the same time, when Mayor Smith, Commissioner Eckstein and Commissioner Lyons have their appointments. 9. (Legislative Issues.) A. Sovereign Immunity: no. B. Cancer presumption for law enforcement personnel: no. C. Property Appraiser's presumption of correctness, HB/SB 557/740: no. D. Enclaves: yes. E. Relaxation of the Amendment procedures: Small yes. Scale Comprehensive Plan F. Ethics Commission reform: yes. G. Binding arbitration HB/SB 881/1078: no. H. Fire and police health pensions: no. I. Statewide uniform Building Code Standards HB/SB 711/1194: no. .... J. County regulation of community residential homes; amendment to include cities: yes if amended to include cities. K. Eminent domain: no. L. Rezoning be designated as a legislative action: yes. 10. (Regular Agenda Items and other items.) A. Item #13, request for waiver of the 2,000 foot distance requirement between a bar selling alcoholic beverages for consumption on the premises and a church. Discussed; City Manager reported there are 4 churches within 2,000 feet of the proposed bar; Commissioner Eckstein reported this 25th Street location does not impact said churches. See Item #13 for action. B. Item #14, alcoholic beverage sale/consumption and street closures associated with Special Events. Discussed; requested. Ci ty Manager reported he recommends all 4 as See Item #14 for action. C. Item #18, adoption of Resolution No. 1724 setting a public hearing regarding Dreamwold Special Assessment District. City Manager reported a slippage in the dates, and that the public hearing needs to be held April 22, 1996. See Item #18 for action. ~ ~.. D. Lt,E City Manager reported receipt of a request to remove the basketball court at the Souths ide park next to the Velma Mitchell Annex, the Police Department reviewing the situation, and he will provide a recommendation in 2 weeks. E. Item #25, Seminole County Tourist Development Council Grant for the Soap Box Derby. Discussed; see Item #25 for action. F. Item #26, procurement of equipment for Derby Park improvements. Discussed; see Item #26 for action. G. CALNO selection of a Seminole County Expressway Authority board member. Discussed; concurred that Mayor Smith serve the remainder of her term, and to consider a replacement when her term expires in November, 1996. H. Violetta Williams' properties - status report. Discussed. 11. (City Manager's Report.) None given. ****************************************************************** Regular Meeting First Floor 12. (Public Hearing - second reading and adoption of ordinances.) Copies of ordinances attached. A. Ordinance No. 3292, re: Closing, vacating and abandoning a fifteen (15) foot wide north-south drainage easement lying on the westerly portion of the property located at 126 pamala Court; Maronda Homes, Inc., owner. Ad published March 14, 1996. Copy of map attached. W~ Adopted. B. Ordinance No. 3293, re: Amending Ordinance No. 3230, to revise the essential minimum qualifications of the "Police Chief" position description to include the requirement that the Police Chief must reside within the City Limits of the City of Sanford within six (6) months of appointment. Ad published March 14, 1996. i{\."~ 10L.J.. . . .. Adopted. 13. (2491 Park Avenue - Waiver of 2000 foot distance requirement.) Information attached, including City Staff map showing two (2) established churches within the 2,000 foot distance requirement. Approval of the waiver of the 2,000 foot distance requirement will allow the applicant to apply to Planning and Zoning Commission for conditional use for sale of alcoholic beverages (BWL-COP) . City Manager recommends action as deemed appropriate. ~ ~ r. .. Denied. 14. (Special Event Permit Applications.) Information attached. A. Request from New Bethel Missionary Baptist Church to close Hickory Avenue between 9th Street and 10th Street on May 4, 1996, from 8:00 A.M. to 5:00 P.M, for a Spring Festival. ~.. Authorized. - ~ct. . B. Request from New Life Word Center Church to close Oak Avenue between 13th Street and 14th Street intersections on April 4, 1996 from 4:00 P.M. and April 5, and 6, 1996, from 10:00 A.M. to 11:00 P.M., for a Street Fair. Authorized. C. Request from West End Theatre for sale and consumption of alcoholic beverages (beer and wine) in the parking lot at 940 State Street on April 28, 1996, from 7:00 P.M. to 9:30 P.M., in conjunction with a Concert. 71JJu . Authorized. - 0-'Yl/\ I An ,. -/ ')(1~. D. Request from Holy Cross Episcopal Church to close Fourth Street starting on the east side of Park Avenue to the alley between Park Avenue and Magnolia Avenue on April 4, 1996, from 7:00 A.M. to 5:00 P.M. for Church Bazaar. Authorized. City Manager recommends approval of "A:' recommendation to be provided at Work Session for "B", "c" and "D". 15. (Right-Of-Way Use Agreement Information attached. 610 South Laurel Avenue.) City Manager recommends authorization to execute Right-Of-Way Use Agreement with Warren Pickron for continued use of existing concrete parking area for residential purposes. ~. Authorized. 16. (Mill Creek/Cloud Branch - Year 2 Project.) attached. Information ~... City Manager recommends authorization to execute Letter Agreement with Conklin, Porter and Holmes for "incremental" increase in amount of $11,000.00 for land interest acquisitions. Authorized. 17. (City Hall HVAC System Renovation.) Information attached. City Manager recommends approval of billable fee adjustment in amount of $21,490.00. ~. Approved. 18. (Dreamwold Special Assessment District.) Copy of Resolution No. 1724 attached. - ~.. City Manager recommends adoption of Resolution No. 1724. Adopted, with public hearing on April 22, 1996. 19. (Athletic Officiating Contract.) Information attached. \, ~... City Manager recommends approval of Baseball Officiating Contract with Duane J. LaFollette dba Sanford Officiating Services from March 26, 1996 to September 30, 1996. Approved. 20. (Information from Planning and Zoning Commission Meeting of Thursday, March 7, 1996.) Copy attached. NO ACTION REQUIRED. No action taken. 21. (Board appointments/re-appointments.) Information regarding April, May and June expirations attached. A. Cemetery Advisory Board: The terms of Bernard Mitchell and Bette Gramkow expire March 12, 1996 and March 27, 1996, respectively; both have served the maximum number of terms and are not eligible for re-appointment. NEED TO APPOINT REPLACEMENTS. .~ Lf~ .... No action taken; list 4-8-96. B. Central Examining expires April 13, III, E. C. Harper, 1996. NEED TO RE-APPOINT OR APPOINT REPLACEMENTS. Board: The term of Richard Schultz 1996; and the terms of A. J. Adcock, Jr., and Ernie Watson expire April 25, ~ L{ -. . .. No action taken; list 4-8-96. C. Nuisance Abatement Board: NEED TO APPOINT FIVE (5) MEMBERS, with initial terms staggered: 3 members appointed for 2 year initial terms; and 2 members appointed for 1 year initial terms. 4--.~.. No action taken; list 4-8-96. 22. (Consent Agenda.) A. Consideration of payment of statements. Copies attached. City Manager recommends authorization to pay. (1) From Muller, Mintz, et al for professional services from 2/2/96 thru 2/16/96.........$ 329.84 (2) From City Attorney for professional services for the month of February, 1996..$5,990.00 (3) From Universal Engineering Sciences for 4th and 5th Street Water Main Extension...$ 332.85 ~ Authorized payment. ~J.C{ . . 23. ~. 24. ~~ 25. ~.. Vff'r;Al~6 . ~... 27. (!j}Q-$.. . 28. ~~.. 29. 2f~ B. Approval of Minutes of February 26, 1996, Work Session; February 26, 1996, Regular Meeting; March 11, 1996, Work Session; and March 11, 1996, Regular Meeting. Copies enclosed. Approved. The following two (2) invoices totalling $21,156.70 have been paid per City Commission approval on October 8, 1990, and November 25, 1991: Amick Construction $19,735.45; Ardaman & Associates $1,421.25. Copies attached. Acknowledged. Recommendation from Planning and Zoning Commission Meeting of Thursday, March 21, 1996. Approved alcoholic beverage sales (AB-COP) in the Terminal Building, One Red Cleveland Boulevard, at the Orlando Sanford Airport. Seminole County Tourist Development Council Grant for Soap Box Derby. Authorized. Procurement of recreation items for Derby Park. Authorized to piggy back on other local government bids for items to be installed in Derby Park, to be funded by a grant(s). Proposal from Architects Design Group, Inc. for Scope of Services for a Planning Study for the Public Safety Complex. Authorized, in amount of $15,508.00, to be done in 4 phases as addendums to the existing contract. Amendment to the Personnel Rules and Regulations regarding Educational Assistance. Approved. Audience Participation. George Currie stated it is almost impossible to find a commercial area that is not within 2,000 feet of a church; there is no place for tourists to go; and that he found 3 other establishments within 2,000 feet of a church.