021395 work session/regular meeting agenda
AGENDA
Sanford City Commission Meetings
Monday, February 13, 1995
Sanford City Hall, 300 North Park Avenue
Sanford, Florida
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Work Session
4:00 o'clock P.M.
City Manager's Conference Room
1. Discussion regarding Holiday Inn/Marina Inn.
2. Executi ve (attorney-client) Session re: Holiday Inn/Marina
Inn.
NOTE: This Executive Session is a non-public
meeting and is exempt from Section 286.011 of
the Florida Statutes in accordance with
Section 286.011(8) of the Florida Statutes.
3. Discussion regarding Health Insurance.
4. Discussion: vacating unopened/unused alleys.
5. Discussion: City position regarding use of federal MAGLEV
system funds.
6. Welcome Sign Displays for March, 1995.
7. Discussion regarding other items.
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Regular Meeting
7:00 o'clock P.M.
City Commission Room
8. Public Hearing to consider second reading and adoption of
ordinances.
9. Continuation of consideration of Appeal of Denial of
Certificate of Appropriateness by the Historic Preservation
Board, to replace existing chain link fence at 217 South Park
Avenue.
10. Consideration of Softball and Baseball Officiating Agreement
with Sanford Officiating Service.
11. Consideration of FY 94-95 Weatherization-LIHEAP Contract.
12. Consideration of FY94/95 School Resource Officer/D.A.R.E.
Agreement.
13. Consideration of request from Seminole County to adopt
resolution regarding Ex-parte Communications.
14. Consideration of request from Building Official to board up
property located at 2519 Princeton Avenue.
15. First reading of Ordinance No. 3245, creating one additional
police officer position.
16. Board appointments/re-appointments.
17. Information from Planning and Zoning conunission Meetings of
January 19, 1995, and February 2, 1995.
18. Condemnations: Status Report/Requests for Time Extensions.
19. Consent Agenda.
20. 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.
MEMORANDUM
February 14, 1995
TO:
STAFF
FROM:
CITY MANAGER AND DEPUTY CITY CLERK
RE:
FEBRUARY 13, 1995 AGENDA ITEMS.
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Work Session
Second Floor
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(March 13, 1995 Work Session.)
Mayor Smith announced that the majority of the March 13, 1995
Work Session will be devoted to goal setting.
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1.
(Holiday Inn/Marina Inn.)
City Manager gave an update of the pending Holiday Inn/Marina
Inn litigation, which is set for the last week in April, 1995.
NEED TO ANNOUNCE commencement and estimated
length of attorney-client session and the
names of the persons attending.
City Attorney requested an attorney-client session to discuss
strategies and potential settlement of the Holiday Inn
litigation case, as permitted by Chapter 286 of the Florida
Statutes, which is expected to last approximately one (1)
hour, and announced the names of the persons attending said
session. City Attorney reported that the City Commission is
only allowed to discussion the potential settlement and legal
strategies of this case, that the court reporter will file a
transcript of this session under seal with the Clerk of the
Court, and upon conclusion of this case the file will be
unsealed and made available for public knowledge.
Mayor Smith recessed the Work Session, and called the
attorney-client session to order.
2. (Executive (attorney-client) Session--Non-public meeting.)
Individuals to be in attendance include:
Mayor Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner Lon K. Howell
Commissioner Kerry D. Lyons
City Attorney William L. Colbert
Katie Reischmann, Esq.
Frank Whigham, Esq.
Hank Fishkind
Art Diamond
City Manager William A. Simmons
Finance Director Carolyn Small
Deputy City Clerk Linda Brace
NEED TO REOPEN the meeting, and announce the
termination of the attorney-client session.
Mayor Smith terminated the attorney-client session, and
reconvened/reopened the Work Session.
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3.
(Health Insurance.)
Concurred to advertise for RFP, and designated Commissioner
Lyons as City Commission Representative to the Health
Insurance Advisory Board.
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(Alley Vacate.)
Authorized Staff to analyze unopened/unused alleys, and bring
forward specific recommended alley vacations for City
Commission consideration on a case-by-case basis, retaining
utility easements where appropriate.
5.
(Federal MAGLEV Funds.)
After discussion of alternative uses for unappropriated
federal MAGLEV funds in amount of 97.5 million dollars,
including: 1) high level bridge at I-95 (Jacksonville) over
St. Johns River, 2) "missing link" to Seminole County
Expressway, and 3) commuter rail system utilizing CSX right-
of-way, as supported by Congressman Mica; the Commission
concurred that City Manager prepare a letter, for the Mayor's
signature, to Congressman Mica expressing the City's
preference of the "missing link" project over the commuter
rail system, especially if "readiness to spend/obligate" is a
key ingredient in pulling this money into the Central Florida
area.
(Welcome Signs.) Information attached.
Concurred with recommendations as described in memorandum
dated February 2, 1995, with the exception of week four
"Pancake Day/Auction"; the "Baseball Opening Day" display will
be extended to week four.
7.
(Other Items.)
A. State of Florida Centennial Celebration.
City Manager reported that the state is not doing much in the
way of celebration activities, that Staff will continue to
seek additional information from Andrea Dennison in addition
to the Welcome Sign display.
B. "Awareness As A Solution" Conference at the Marriott
Airport on March 23, and 24, 1995.
Mayor Smith asked that anyone who is interested in attending
this conference, or has any suggestions let City Manager know.
C. Special Event Application from Chamber of Commerce for
St. Johns River Festival on March 4, and 5, 1995 at Fort
Mellon Park.
Discussed: see Item #21 for action.
D. Florida Hotel.
City Manager reported that he met with the owners of the
Florida Hotel; that progress is being made as a result of the
first meeting; that two tenants were asked to seek residence
elsewhere, which has occurred; that uniformed police officer
visits are continuing, which have had a calming effect; that
many structural and fire hazard conditions have been
corrected; and that the owners have tentatively agreed to
install lighting in the parking lot. Further, he will push to
eliminate parking space on north side of building off 5th
Street at the Wednesday, February 25, 1995 meeting.
Information regarding criminal records of specifically named
individuals has been provided as requested by owners. Staff
is seeking proposal for rehabilitation of the mulch parking
lot. Further, the types of complaints received over the past
eleven (11) days include breaking and entering, suspicious
person, larceny, and noise.
E. Requests for waiver of land development regulations for
chain link fences in front yards.
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City Manager reported that individuals may come off the floor
at tonight's Regular Meeting, requesting waivers to put chain
link fences in front yards, that P&Z will be discussing city-
wide prohibition of chain link fences in front yards at a Work
Session, and recommended that these individuals be advised of
said meeting, and further discuss this issue at the next
February 27, City Commission Meeting after receipt of P&Z's
recommendation.
F. Agenda Item #9; Appeal of Denial of Certificate of
Appropriateness.
Mayor Smith asked that everyone exercise extreme caution
relative discussion of this item.
G. CDBG Block Grants.
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Reviewed two CDBG Block Grants: 1) Authorized Staff to execute
and submit CDBG Block Grant Application in response to RFP for
Home and SHIP funds in amount of $536,000.00, 2) Discussed
CDBG Application for home rehab/reconstruction, which requires
Westside Community input; the deadline for submitting same is
March 3, 1995, .
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Regular Meeting
First Floor
8. (Public Hearing - second reading and adoption of ordinances.)
Copies of ordinances attached.
A. Ordinance No. 3240, re: Annex a portion of the property
between Silver Lake Road and Cornwall Road extended
easterly and between Mellonville Avenue and Ohio Avenue.
Henry J. Schumacher, owner.
Copy of map attached.
Ad published February 2, and 9, 1995.
D\0-~e....- ... . Adopted
B. Ordinance No. 3242, re: Amending Ordinance No. 3173
which adopted the City's Personnel Rules and Regulations.
Ad published February 2, 1995.
D\Cl--0e- .... Adopted
C. Ordinance No. 3243 , re: Re zoning a portion of the
property between pamala Court and Vihlen Road and between
Upsala Road and Old Monroe Road extended southerly from
AG, Agricultural, to PD, Planned Development.
A. David Feinberg, petitioner; Esther M. Locke, owner.
Copy of map attached.
Ad published February 2, 1995.
D\D-0V .... Adopted
D. Ordinance No. 3244, re: Closing, vacating and abandoning
portions of streets (a portion of south White Cedar Road
and other certain un-named streets lying between SR 46
and SR 417 and between Upsala Road and South Kennel
Road). Loren W. Howard, III, applicant for Sanford
Central Park, Ltd. owner.
Copy of map attached.
Ad published February 2, 1995.
Tjcl'V . . . . Adopted
9. (Appeal re: Certificate of Appropriateness to replace chain
link fence at 217 South Park Avenue.) Gas Properties, Inc.,
owner/F.A. Ford, Jr., Esq., Agent. Tabled at the January 23,
1995, Regular Meeting, as requested by the applicant.
Information attached: Application
Letter from Eugene Collier, Collier's
Enterprises
Site Plan
Letter of Request
Letter from previous property owner
Historic Preservation Board Minutes
of December 1, 1994
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Need to make Findings of Fact, and Conclusions of Law, and
authorize preparation of Order, based on the record presented
to the Historic Preservation Board.
City Manager recommends action as deemed appropriate based
upon the facts presented to the Historic Preservation Board.
Based on competent and substantial evidence presented before
the Historic Preservation Board, the City Commission concluded
that the chain link fence is incompatible with the area, that
City regulations discourages chain link fences in the Historic
Downtown Commercial District, and denied the Certificate of
Appropriateness to replace the chain link fence at 217 South
Park Avenue.
10. (Sports Officiating Services Agreement.)
attached.
Information
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City Manager recommends authorization to execute Sports
Officiating Services Agreement with Sanford Officiating
Service, with costs as described in memorandum dated January
18, 1995.
... . Authorized
Information
11. (FY 94/95 Weatherization-LIHEAP Contract.)
attached.
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City Manager reconunends authorization to execute FY 94/95
Weatherization-LIHEAP Contract, for funding in amount of
$28,400.00.
. . . . Authorized
12. (SRO/D.A.R.E. Agreement.) Information attached.
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City Manager recommends authorization to execute SRO/D.A.R.E.
Agreement with Seminole County School Board; the School Board
to pay the sum of $93,844.00 in nine (9) equal monthly
installments; the first payment due October 5, 1994 with the
remaining installments due the fifth (5th) day of each
succeeding month.
. . . . Authorized
13. (Ex-parte Communications.)
attached.
Copy of Resolution No. 1701
City Manager recommends adoption of Resolution No. 1701.
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V' . . . . Adopted
14. (2519 Princeton Avenue.) Information attached.
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City Manager reconunends authorization for Public Works to
board up property as requested.
. . . . Authorized
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(First reading of Ordinance No. 3245,) re: Amending Ordnance
No. 3230, and its amendments, and adopting an amended
Classification and Pay Plan, effective immediately, to add one
(1) "Police Officer" position to supplement "School Resource
Officer" Program. Information attached.
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~ ....Passed first reading.
16. (Board appointments/re-appointments.)
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A.
Cemetery Advisory Committee: The term of William E.
Welborn expires March 13, 1995. Mr. Welborn has served
the maximum number of terms and cannot be re-appointed.
Information attached.
Took no action; and concurred to consider 2/27/95.
B.
Youth Advisory Committee: Need to appoint nine (9)
members. Information attached.
Concurred that Director of Parks and Recreation contact
principals from Seminole High School, and both Middle Schools for
recommendations, and that committee members must be City of Sanford
residents.
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17.
C. Historic Preservation Board:
Appointed Don Moore to replace Monte Olinger, who recently
submitted his resignation.
(Information from Planning and Zoning Commission Meetings of
January 20 and February 3, 1995.) NO ACTION REQUIRED.
....Acknowledged
18. (Condemnations.) Information attached.
A. Status Report of all current and pending condemnations.
NO ACTION REQUIRED.
....Acknowledged
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B. Requests for Time Extensions.
(1) Condemnation Report #94-12, 413 Cypress Avenue; T.J.
and Laurel Johnson, owners. Building Official
recommends 30 day time extension.
....Authorized 30 day extension as recommended.
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(2) Condemnation Report #94-36, 206 Holly Avenue; David
E. Dyess and Steven Duff, owners. Building
Official recommends 60 day time extension.
City Manager recommends 30 day and 60 day time
extensions, respectively.
....Authorized 60 day extension as recommended.
19. (Consent Agenda.)
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A. Consideration of requests for payment of statements.
Copies attached. City Manager reconunends authorization
to pay.
(1) From Lyon and McManus for Professional
Services from December 1, 1994 thru
December 22 , 1994 . . . . . . . . . . . . . . . . . . . . . . . . . $14 , 745 . 33
(2) From Foley and Lardner for Professional
Services regarding Sanford Gasification
Lawsui t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 419. 71
(3) From City Attorney for Professional
Services for the Month of January, 1995...$ 6,457.50
. . . . Authorized
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B.
Tabulation of Bid #94/95-18, Cultural Arts Center
Sidewalk Lighting (Recreation and Parks Department).
City Manager recommends acceptance of lowest bid, which
met specifications, from Pendleton Electric Inc. in total
amount of $1,100.00. Information attached.
....Accepted as recommended
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Approval of Vouchers for the Month of January, 1995.
C.
. . . . Approved
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D.
Approval of Minutes of January 9, 1995, Work Session;
January 9, 1995, Regular Meeting; January 23, 1995, Joint
Work Session with Seminole County Commission; January 23,
1995, Work Session; and January 23, 1995, Regular
Meeting. Copies enclosed.
. . . . Approved
20.
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The following thirteen (13) invoices totalling $752,288.53
have been paid per City Commission approval on October 8,
1990, and November 25, 1991: Conklin, Porter & Homes
$1,741.62, $1,844.27, $2,527.98, $1,161.48, $918.26; Seminole
County - NPDES Services $5,820.04; Universal Engineering
Sciences $1,432.00, $1,296.00; Ardaman & Associates, Inc.
$1,892.50, $757.00; Amick Construction, Ltd. $292,812.46;
Martin Paving Company $434,633.76; and Ecotech Consultants,
Inc. $5,451.16. Copies attached.
. . . . Acknowledged
21.
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(Special Event Application from Chamber of Commerce for St.
Johns River Festival on March 4, and 5, 1995 at Fort Mellon
Park. )
22. (Audience Participation.)
Approved
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A.
Sara Jacobson read and submitted letter dated February
12, 1995, from The Sanford Advertising Co-Op, requesting
temporary relief from ordinance prohibiting the display
of items (antiques/collectibles) in front of storefronts;
questioned why other shop owners throughout the City are
allowed to display various items. Ms. Jacobson asked to
meet with the City and the Historic Preservation Board in
an attempt to create a meaningful and consistent
procedure, and City support in establishing a committee
consisting of members from the City, SHDWA, Main Street,
and Sanford Advertising Co-op.
Consensus was not to establishment another committee, to
obtain consensus from downtown merchants, and to discuss this issue
at 2/27/95 Meeting.
B. Albert Fryar reported his concerns about the drug problem
at 7th Street and Pine Avenue, 10th Street, Locust, Pecan
and Southwest Road, including hiding drugs in the pockets
of small children, and requested that the City Commission
instruct the Police Department to arrest individuals at
random for loitering, littering, etc., and stated that
there needs to be more of an effort to get the job done;
maybe police officers could stand in the streets with
citizens as a deterrent.
C. Leon Brooks stated it is regrettable that he has
to continue to come before the Commission to discuss the
drug situation in Sanford, and that he is tired of the
perception that the north end of the City is not good
enough. Further, the MLK Committee needs to be
restructured, with Commissioner in charge, to provide a
black male perspective.
D. Bernard Mitchell reported that he sees drug activity
every day on his way to work, that something is not right
at the police department, and that we need to find money
to do something about this problem.
Commissioner Thomas reported that Police Chief Russell is
doing everything he can to run an effective department, that
he has received several anonymous letters reflecting there are
enemies within the Police Department out to get the Chief ,
and that there appears to be a conspiracy to make the Police
Department look bad in order to hurt Chief Russell. Further,
every effort needs to be made to get people in the community
interested in working together to resolve some of these
problems.
E. Beatrice Jones reported that she lives in the Sanlando
area off of Locust/Celery Avenue, and reviewed several
concerns, including: 1) the drug problem, 2) the trash
problem which exists down Locust Avenue/Celery Avenue,
and the need for sidewalks along Locust Avenue, speed
bumps at the end of Valencia due to children riding their
bikes, and a mini-bus in the area.
Police Chief Russell explained that the City's Loitering
Ordinance was thrown out by the appellate courts because it
infringes upon the constitutional rights of individuals.
Chief Russell reviewed various law enforcement mechanisms,
including, Curfew, the Citizen Riding Program, the COPS Fast
Grant, and the 330-STOP program, which received little
community response.
F. Albert Brooks asked about Drug Free Zones.
City Attorney reported that the state statute establishes
policy for Drug Free Zones around schools, but does not apply
to the 3-mile radius, which Mr. Brooks has asked the City
Commission to enforce. Also, the City' Loitering Ordinance,
which was based on Tampa's ordinance, was challenged after the
first arrest and held unconstitutional.