012395 work session/regular meeting agenda
AGENDA
Sanford City Commission Meetings
Monday, January 23, 1995
Sanford City Hall, 300 North Park Avenue
Sanford, Florida
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Work Session
5:00 o'clock P.M.
City Manager's Conference Room
1. Discussion regarding Establishment of Community Redevelopment
Agency for Lake Monroe Waterfront and Downtown Sanford Area.
2. Discussion of requests from Conklin, Porter and Holmes for fee
modifications.
3. Discussion of request from Alpha Kappa Alpha Sorority, Inc.,
for reimbrusement of expenses incurred as a result of incident
during their event at the Civic Center.
4. Discussion of request from Commissioner Lyons for re-
instatement of Youth Advisory Committee.
5. Discussion of request from Seminole County to adopt
resolutions re: Gaming and Gambling Activities, and Ex-parte
Communications.
6. Discussion regarding the Florida Hotel.
7. Recommendations for Welcome Sign Displays.
8. Discussion of Regular Agenda Items and other items.
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Regular Meeting
7:00 o'clock P.M.
City Commission Room
9. Presentation of "Medal of Valor" to Conunander T. Ray Bronson.
10. Public Hearing to consider second reading and adoption of
ordinances.
11. 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.
12. Consideration of request from Jerry Kleinberg, for Right-Of-
Way Use Permit, for paved loading zone parking on south side
of Third Street (300 South Sanford Avenue).
13. Consideration of request from Jon and Tammy Rogers and
Reverend Don Bault, for approval to continue to intermittently
park and occupy a recreational vehicle at 1412 Sanford Avenue,
for approximately the next three months.
14. Consideration of request from Central Florida Chapter of
Paralyzed Veterans of America, for street closures in
conjunction with Special Event "9th Annual PVA u.S. Open Bass
Tournament" April 28, 29, and 30, 1995.
15. Consideration of land acquisition for Cloud Branch/Mill Creek
Drainge Improvement Project.
16. Consideration of Conservation Easement for wetland mitigation
and installation of pipelines.
17. Consideration of request from SHDWA, for free use of Civic
Center, for Miss Sanford Scholarship Pageant on February 18,
1995.
18. Consideration of request from Seminole County school Board,
for additional full-time School Resource Officer at Crooms
School of Choice.
19. Consideration of requests from Conklin, Porter and Holmes, for
fee modifications.
20. Consideration of revisions to the City's Alcohol/Drug Testing
Policy, as required by Federal mandate, and first reading of
Ordinance No. 3242.
21. Consideration of resolution transferring cable television
franchise from Time Warner Engtertainment Company, L.P. to
Time Warner Entertainment-Advance/Newhouse Partnership.
22. Recommendations from Planning and Zoning Conunission Meeting of
Thursday, January 5, 1995.
23. First reading of ordinances.
24. Consent Agenda.
25. Information regarding invoices paid during the period for
previously approved lump sum contracts.
26. Consideration of request from Robert Stump for re-
consideration of free hospitalization for retired elected City
Officials for the remainder of their lives.
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.
27. Sanford Gasification Plant.
28. Low Income Emergency Repair Agreement.
29. Consideration of requests from Shelly Baggs for waiver of the
2 hour moving requirement for peddlers and for issuance of one
occupational license for two business locations.
30. Consideration of request from Florida Department of
Corrections for free use of the Civic Center on February 24,
1995.
31. Public participation.
MEMORANDUM
January 25, 1995
TO:
STAFF
FROM:
CITY MANAGER AND CITY CLERK
RE: JANUARY 23, 1995 AGENDA ITEMS.
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Work Session
Second Floor
1. (Community Redevelopment Agency - Lake Monroe Waterfront and
Downtown Sanford Area.) Information attached.
Discussed.
2. (Conklin, Porter and Holmes - Fee Modifications.)
Information attached.
A. Fee adjustment of $5,000.00 to authorized engineering fee
as outlined in Amendment 8, which covers subconsultant
charges and engineering time relative meetings, project
coordination and data review, for Mill Creek/Cloud Branch
Year 2 Improvements; revised total $67,067.14.
B. Fee increases in amount of $9,051.20, $18,000.00,
and $13,546.00, to Amendment No. 11 (S0613.01)
(S06013.02) and Amendment No. 13 (S0613.05),
respectively, regarding Seminole Towne Center Projects.
Discussed; see Item #19 for action.
3. (Alpha Kappa Alpha Sorority, Inc. - Civic Center Rental)
Information attached.
Discussed; concurred to discuss further after receipt of
requested documentation of additional expenses incurred.
4.
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(Youth Advisory Committee.) Information attached.
Discussed reinstatement of the committee for a one year trial
basis in accordance with recommendation from Commissioner
Lyons, with education of committee members to be a primary
goal.
5.
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(Resolutions re:) Gaming and Gambling/Ex-parte Communications.
Information attached.
Concurred to support requested legislation regarding Ex-parte
Communications, and to take no action regarding Gaming and
Gambling.
6. (Florida Hotel.) Staff to report.
Discussed.
7. (Welcome Sign Displays.) Information attached.
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Concurred with recommendation from the Parks and Recreation
Director, with "American History Month" to be displayed during
one of the first two weeks.
8. (Regular Agenda Items and other Items.)
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State of Florida Centennial Celebration.
Concurred that the City
suggested local activities.
obtain
on
information
Manager
B. Item #11, appeal of denial of Certificate of
Appropriateness at 217 South Park Avenue.
Commissioner Howell reported there is more information, from
previous Historic Preservation Board Meetings, regarding this
issue which the Historic Preservation Board took into
consideration when it denied the Certificate of
Appropriateness, and requested that the City Commission be
provided with copies of same.
C. Item #29, request for waiver of peddler's 2 hour moving
requirement and for one occupational license for two
business locations.
Discussed; see Item #29 for action.
D. Item #30, request for free use of the Civic Center.
Discussed; see Item #30 for action.
E. Item #28, offer of a Grant from the Department of
Community Affairs under the LIHEAP Program.
Discussed; see Item #28 for action.
F. Holiday Inn/Marina Inn.
City Manager reported that RTC did not include the Holiday Inn
property in the portfolio offered/sold to a minority partner,
as it had previously said it would; instead, it will be a
single bid item in a large portfolio to be sold by sealed bids
to be opened February 28th. Further, he had requested a bid
package and has asked the City Attorney to research the best
method to hold an Executive Session on February 13th to
discuss the amount to offer in the sealed bid.
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Regular Meeting
First Floor
9. (Presentation of "Medal of Valor".) Information attached.
10.
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Presented to Ray Bronson.
(Public Hearing - Second reading and adoption of ordinances.)
Copy of ordinances attached.
A. Ordinance No. 3232, re: Correcting a scrivener's error
in Adult Entertainment Ordinance No. 3195.
Ad published January 18, 1995.
Adopted.
B. Ordinance No. 3238, re: Amending the City's
Classification and Pay Plan to reorganize the Licensing
Division, Building/Code Enforcement Division, Department
of Engineering and Planning and Department of Community
Development, andassociatedre-classifications/re-grades.
fJ}. Ad published January 12, 1995.
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. . .. Adopted.
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C. Ordinance No. 3239, re: Closing, vacating and abandoning
an easement at 2449 Mellonville Avenue; Heidi M.
Tauscher, Esq., Applicant; Margaret Anderson and Anne
McCoy, owners.
Ad published January 12, 1995.
Copy of map attached.
NEED new easement.
Adopted.
D. Ordinance No. 3241, re: Amending Chapter 2 of the City
Code to provide for reorganization of the Department of
Community Development and Department of Engineering and
Planning.
Ad published January 12, 1995.
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l\.>U\.... Adopted.
11. (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.
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
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.
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City Manager recommends action as deemed appropriate based
upon the facts presented to the Historic Preservation Board.
Continued to February 13, 1995 as requested by the Applicant.
12. (Right-Of-Way Use Permit
Information attached.
300 South Sanford Avenue.)
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City Manager recommends authorization to execute Right-Of-Way
Use Permit, for the requested pavement installation, with the
provision that the area be signed as a "Loading Zone" and that
the pavement installed be pervious concrete.
Authorized as recommended.
13.
(Occupation of RV in residential area - 1412 Sanford Avenue.)
Information attached.
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City Manager recommends no extension or further permits upon
expiration of permit issued January 4, 1995, expiring January
25, 1995.
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Voted not to extend or issue further permits.
14. (PVA U.S. Open Bass Tournament.) Information attached.
City Manager recommends approval to close Sanford Avenue from
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filley in front of Civic Center to corner of East Seminole
Boulevard.
Authorized.
15. (Land Acquisition.) Information attached.
City Manager recommends to facilitate closing this property
acquisition, authorization to waive the lot mowing lien of
$330.00 against the three (3) lots in question.
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Authorized.
16. (Conservation Easement.) Information attached.
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City Manager recommends authorization to execute and record
the Conservation Easement covering 32-acres of wetlands at
Site 10 to meet mitigation requirements for construction at
Seminole Community College, and installation of required
boundary corner monuments in accordance with proposal from
Donald W. McIntosh Associations, Inc. in amount of $1,900.00.
Authorized.
17. (SHDWA - Free Use of Civic Center.) Information attached.
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18.
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City Manager reconunends reduced rate as outlined in memorandum
dated December 8, 1994, from Director of Recreation and Parks,
and that consideration of the requested "free" use of the
Civic Center be held in abeyance pending receipt of
appropriate budget information for the event.
Authorized as recommended.
(Request for additional School Resource Officer.) Information
attached.
City Manager reconunends to be available at Work Session.
Authorized for the remainder of FY95, with the provision that
it is included in next year's agreement.
19. (Conklin, Porter and Holmes - Fee Modifications.) Information
attached with Agenda Item No.2.
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A. Fee adjustment of $5,000.00 to authorized engineering fee
as outlined in Amendment 8, which covers subconsultant
charges and engineering time relative meetings, project
coordination and data review, for Mill Creek/Cloud Branch
Year 2 Improvements; revised total $67,067.14.
B. Fee increases in amount of $9,051.20, $18,000.00 and
$13,546.00 to Amendment No. 11 (S0613.01) (S0613.02) and
Amendment No. 13 (S0613.05), respectively, regarding
Seminole Towne Center Projects.
City Manager reconunends approval of fee increases/adjustments
for A and B, above, and authorization to execute Letter of
Agreements regarding same.
Authorized.
20. (City's Alcohol/Drug Testing Policy.) Information attached.
City Manager recommends approval of revisions to the City's
Alcohol/Drug Testing Policy as described in memorandum dated
January 9, 1995, from Personnel Director; approval of first
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reading of Ordinance No. 3242 implementing said revisions,
effective immediately upon passage/adoption; authorization to
transfer sufficient funds in estimated amount of $7,000.00
from City Manager's Contingency Funds to cover shortfall; and
authorization for Staff to proceed with formalizing agreements
with City Physician's Office, Roche Biomedical Laboratories,
and Central Florida Regional Hospital as medical/testing
providers.
Passed Ordinance No. 3242 on first reading.
21. (Resolution re: Transfer of Cable Television Franchise.)
Information attached.,
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City Manager recommends approval, subject to City Attorney's
comments.
Adopted Resolution.
22.
(Recommendations from Planning and Zoning Commission Meeting
of January 5, 1995.
Item #1:
Unanimously recommends approval of conditional use
permit for property located at 2904 Orlando Drive
in a GC-2, General Commercial Zoning, District for
alcoholic beverage (beer and wine) sales, Class 5,
for consumption on premises.
NEEDS ACTION: APPROVAL/DENIAL
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~ .... Approved.
23.
(First reading of ordinances.)
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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.
Tabled at January 9, 1995 Meeting.
Henry J. Schumacher, owner.
Copies of map and Ordinance No. 3240 attached.
Passed 1st reading.
B. Ordinance No. 3243, re: Rezoning 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.
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~t... Passed 1st reading.
C. 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.
~tP~ Passed 1st reading.
24. (Consent Agenda.)
A. Consideration of requests for payment of statements.
Copies attached. City Manager recommends authorization
to pay.
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25.
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26.
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27.
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(1) From Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A. for professional
services through December 29, 1994......$3,411.11
(2) From City Attorney for professional services
for the month of December, 1994.........$8,565.75
Authorized.
B.
Tabulations of Bids
Information attached.
Proposal.
and Request
for
(1) Bid #94/95-13, Athletic Equipment (Recreation &
Parks Department). City Manager recommends
acceptance of lowest bid, which met specifications,
from Braxton Recreation in total amount of
$16,600.68.
Accepted as recommended.
(2) RFP #94/95-17, Concession Stand (Recreation & Parks
Department). City Manager recommends acceptance of
only proposal submitted from Dolores A. Gracey, the
term of the proposal to be from February 1, 1995 to
December 1, 1995, with the City receiving
$1,800.00.
Accepted as recommended.
( 3 )
Bid #94/95-19, Sports Accident Insurance
(Recreation & Parks Department). City Manager
recommends acceptance of lower bid, which met
specifications, from Florida League of Cities in
amount of $1,300.00.
as recommended.
C. Approval of Minutes of December 19, 1994, Regular
Meeting; and Minutes of January 3, 1995, Organizational
Meeting. Copies enclosed.
Approved.
The following seven (7) invoices totalling $54,108.96 have
been paid per City Commission approval on October 8, 1990, and
November 25, 1991: Conklin, Porter and Holmes $6,027.34,
$ 9 , 108 . 3 4 , $ 3 , 992 . 91 , $ 4 , 948 . 09, $10, 867 . 04 , $ 9 , 898 . 13, and
Speegle Construction $9,267.50. Copies attached.
Acknowledged.
(Health Insurance - Retired City Officials.)
attached.
Information
Voted that no past, present, or future member of the City
Commission receive city-paid health insurance benefits after
said member retires from the City Commission.
(Sanford Gasification Plant.)
Authorized to enter into a Stipulation to dismiss this case.
(Low Income Emergency Repair Agreement.)
Authorized.
29.
or:
30.
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31.
(Requests from Shelly Baggs for waiver of the 2 hour moving
requirement for peddlers and for issuance of one occupational
license for two business locations.)
Denied.
(Request from Florida Department of Corrections for free use
of the Civic Center on February 24, 1995.)
Authorized reduced rate in amount of $145.00.
(Public participation.)
A. Michael Skat appeared to discuss Item #11. Upon
recommendation of the City Attorney, citing the Jennings
and Snyder cases and the fact that consideration of the
Appeal has been tabled and that all items addressing this
issue should only be heard during the Appeal, Mr. Skat
was not permitted to discuss the issue with the City
Commission.
Commissioner Howell reported that action was taken at a
prior Historic Preservation Board Meeting that was a part
of the action taken at the meeting when the Certificate
of Appropriateness was denied. The City Attorney
reported that normally the only information the City
Commission could consider is the record, made at the
meeting when the Certificate was denied, upon which the
Appeal is based; however, he will review all of the
Historic Preservation Board's discussions regarding this
issue and advise whether or not the City Commission
should consider other information in deciding the Appeal.
B. Shelly Baggs reported she has the flower stand at Baggs'
Produce, and asked why her request was denied since the
City allows the flower vendor at Sav-A-Lot. The City
Manager reported information from the City Clerk that the
license for the vendor at the Sav-A-Lot is held by a
business in" that shopping center; that the area Ms. Baggs
requested to use on 25th Street has no business at that
location; and that he will be happy to meet with her and
explain what the vendor at Sav-A-Lot did to comply with
City regulations and be licensed.
C. A man asked to when Item #11 was tabled and was informed
it was tabled to February 13, 1995.