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021395 work session/regular meeting agenda AGENDA Sanford City Commission Meetings Monday, February 13, 1995 Sanford City Hall, 300 North Park Avenue Sanford, Florida ***************************************************************** 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. ****************************************************************** 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. ***************************************************************** Work Session Second Floor dO- . 5 t-.j ('I . . . . (March 13, 1995 Work Session.) Mayor Smith announced that the majority of the March 13, 1995 Work Session will be devoted to goal setting. b\\\ S, 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. \\(0 3. (Health Insurance.) Concurred to advertise for RFP, and designated Commissioner Lyons as City Commission Representative to the Health Insurance Advisory Board. bi\\ S.4. f)"1 \ \ 5, ~\"\ \(~ 6. Bi\\ S, ~ '\ V-..t.. D\ \ \ S. 'b\\\ S. (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. ~~C\~.... d-/d 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. L'0o...\ \e.. S 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, . ***************************************************************** 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 . (}O- l-\ (\ .. .. 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 ~',KL, 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. L'0O-' \ e. S 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. , \ s. \ Qi \ ~ v.s<l-\ \j\'Q. ~ 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. " 0.-(\ C V' . . . . Adopted 14. (2519 Princeton Avenue.) Information attached. y-'ff 0 City Manager reconunends authorization for Public Works to board up property as requested. . . . . Authorized \.(\\l\0 15. ;}.\d \ (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. , '" e.- '\"\,~' . ~ ....Passed first reading. 16. (Board appointments/re-appointments.) l-tqcj d- - '.:1- ,_ 1:\0 ;;).-?- 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. \~(\G (\( 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 (p(0 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. C:P(~ (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.) LOJO\:f 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 \'\' \Z~ t;)0-- \ -\ 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 LD10\~(\ Approval of Vouchers for the Month of January, 1995. C. . . . . Approved \--\ 0C'\.C\- 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. L()JJ~\ 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. ~'\ y.JL (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 ,,_C\0 !J ~ /;) if S, \\ ~\ 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.