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061394 work session/regular meeting agenda AGENDA Sanford City Commission Meetings Monday, June 13, 1994 Sanford City Hall, 300 North Park Avenue Sanford, Florida ***************************************************************** Work Session 5:00 o'clock P.M. City Manager's Conference Room 1. Discussion of request from Helen stairs for City to vacate a small park in the Sanora Subdivision. 2. Discussion of request from Joanne Drage, for right-of-way use permit, for off-street parking at 616 West First street (The Sanford House). 3. Discussion of request from Anne Wallace, for right-of-way use permit, for a handicap parking space and wheelchair access ramp, within a portion of unopened Commercial Street west of Holly Avenue. 4. Discussion of Site 10 Lease Agreement with Sanford Aero Modelers' Club. 5. Discussion regarding Environmental Assessment Contract with Storm Richards and Associates. 6. Discussion regarding EDC Transportation Plan. 7. Discussion regarding Enterprise Conununity Grant Application. 8. Status Report regarding Cloud Branch/Mill Creek land acquisition. 9. Discussion regarding Regular Agenda Items and other items. ***************************************************************** Regular Meeting 7:00 o'clock P.M. City Commission Room 10. Public Hearing to consider closing, vacating and abandoning a portion of Jewett Lane lying between Rinehart Road and Upsala Road. 11. Public Hearing to consider Appeal of Denial of waiver of setback requirements for chain link fence with barbed wire at 1215 West First Street, in a GC-2, General Conunercial, Zoning District. 12. Public Hearing to consider settlement of ATCS v. City of Sanford, Case No. CI 93-2583-CA-15-L. 13. Public Hearing to consider second reading and adoption of ordinances. 14. Continuation of consideration of request from Emory and Gladys Green, for waiver of City liens on property located at 9th Street and Sanford Avenue. 15. Consideration of requests for right-of-way use permits. 16. Consideration of Site 10 Lease Agreement with Sanford Aero Modelers' Club. 17. Consideration of Contract with Storm Richards & Associates for Environmental Assessment of land (Wharton Property) offered for donation to the City, for Cloud Branch drainage improvements. 18. Consideration of Contract Renewal with Florida League of Cities regarding Worker's compensation Insurance. 19. consideration of request from Dean Hendry, for right-of-way use permit, for a fence at 1019 Laurel Avenue. 20. Consideration of Petition for Annexation of a portion of property lying between West 5th Street and Jewett Lane and between Airport Boulevard and Brown Avenue extended southerly. 21. Consideration of Petition for Annexation for a portion of property lying between Hidden Lake Drive and Meadow Drive and between Art Lane and Driftwood Lane extended northerly. 22. Consideration of request from Rotary Club, for waiver of police officer requirement, for installation banquet on June 27, 1994 at the Civic Center. 23. Consideration of Contract with Zaffran Bus Company for 1994 Sununer Program. 24. Consideration of request from Elizabeth Hartnell and Tom Bowes dba M&E Gas & Convenience Store, for open-air restaurant in parking lot at 1800 French Avenue. 25. Consideration of Conununity Development Block Grant (nCDBGn) Cooperation Agreement with Seminole County and resolution regarding same. 26. Consideration of Amendment No. 1 to Low Income Home Energy Assistance Agreement (nLIHEAPn). 27. Condemnations: Status Report/Requests for Demolition of Structures/UPdate re: Condemnation Report *94-10. 28. First reading of Ordinance No. 3216. 29. Board appointments/re-appointments/re-appointments. 30. Information from Planning and Zoning Conunission Meeting of Thursday, May 19, 1994. 31. Consent Agenda. 32. 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. 33. Discussion regarding bids for construction of Towne Center Boulevard. 34. Adoption of Resolution No. 1687 regarding the Ritz Theater. 35. Authorization to apply for the Enterprize Community Grant. 36. Authorization to procure a police dog from Lakeland Kennel. 37. Authorization to accept two counter-offers for property for the Mill Creek/Cloud Branch Drainage Project. 38. Request to adopt an ordinance to require vacant property to be cleared if growth is over 12 inches. MEMORANDUM June 14, 1994 TO: STAFF FROM: CITY MANAGER AND CITY CLERK RE: JUNE 13, 1994 AGENDA ITEMS. ***************************************************************** Work Session Second Floor 1. & .,)1-. qtj 005 oo.. (Small Park in Sanora Subdivision.) Information attached. Discussed; discussion continued to June 27,1994 Work Session. 2. (Right-Of-Way Use Permit Information attached. 616 West First Street. ) Discussed; see Item No. 15.A. for action. 3. (Right-Of-Way Use Permit - Commercial Street.) Information attached. Discussed; see Item No. 15.B. for action. 4. (Site 10 Lease - Sanford Aero Modelers' Club.) attached. Information Discussed; see Item No. 16 for action. 5. (Environmental Assessment Contract.) Information attached. Discussed; see Item No. 17 for action. 6. (EDC Transportation Plan.) Information attached. Discussed, City Commission concurred with the Director of Planning and Development's review and comments. 7. (Enterprise Community Grant Application.) follow. Information to Discussed; see Item No. 35 for action. 8. (Cloud Branch/Mill Creek Land Acquisition.) attached. Information Discussed; see Item No. 37 for action. 9. (Regular Agenda Items and other items.) A. CPT Program. Report by Police Chief Russell regarding termination of program. B. Police K-9. Discussed; see Item No. 36 for action. C. Resolution 1687, regarding the Ritz Theater. Discussed; see Item No. 34 for action. D. Budget Work Sessions. City Manager confirmed that these are scheduled for June 28, 29, and 30, 1994 at 3:00 P. M. each day, as needed. E. Seminole County Hurricane Exercise Week. City Manager reported Sanford will be actively participating on June 16th. F. Agenda Item No. 11: appeal regarding a fence at Hunt's Used Cars. o ,;;7-t[l{ .5 .... W City Manager reported this will be on the June 27th Work Session Agenda for discussion. ****************************************************************** Regular Meeting First Floor 10. (Vacate.) Ad published May 30, 1994; property posted May 27, 1994, and owners notified May 19, 1994. City of Sanford, applicant. Copies attached: Map Letters from Utility Companies Letter from John Dwyer,Seminole County Land Management Coordinator All utility companies have no objection to the vacating, with the exception of Florida Power & Light, which requires retention of a utility easement between lots 39 and 42 to accommodate a 110 foot wide north/south electric transmission corridor. City Manager reconunends approval, and to retain retention easement as requested by Florida Power & Light, with adoption of ordinance to be concurrent with dedication of new right-of- way. Approved as recommended by City Manager. 11. (1215 West First Street.) Ad published June 2, 1994, property posted June 1, 1994, and owners notified May 25, 1994. Francisco and Gloria Aviles, owners David Wasserman, Esq., Agent Information attached: Information submitted by Staff to Planning and Zoning Commission, for their use at April 21, 1994, Planning and Zoning Meeting: Original Site Plan Revised Site Plan Schedule J, Section 3.2 E. JVlap Minutes of Planning and Zoning Commission Meeting of April 21, 1994. Planning and Zoning Commission failed to approve a motion allowing a chain link fence with barbed wire wi thin the required twenty-five (25) foot front yard setback, but not within the required ten (10) foot buffer zone by a vote of two ( 2) to six (6). Need to make Findings of Fact, and Conclusions of Law, and authorize preparation of Order, based on the record presented to Planning and Zoning Commission. (p - ;27- qt!. . N~ Hearing held Attorney. and continued as requested by Applicant's 12. (Public hearing - settlement of ATCS v. City of Sanford.) Ad published June 6, 1994. Information attached. City Attorney to report. piLf/J oo.. Hearing held; authorized to accept ATCS' s offer to settle (Demand for Judgment) in amount of $35,419.00, for full and complete settlement of all claims. 13. (Public hearing - second reading and adoption of ordinances.) Copies of ordinances attached. A. Ordinance No. 3211, re: Ordinance. Ad published June 2, 1994. Parking Citation/Traffic J}J '~oo . Adopted. B. Ordinance No. 3212, re: Annex portions of property lying between Rose Drive and Fern Drive and between Park Avenue extended southerly and Palmway. Ellen S. Falk, Vincent P. and Holly M. Falk, owners. Ad published June 2 and 9, 1994. Copy of map attached. ;.J.; tt.ML.. Adopted. C. Ordinance No. 3213, re: Annex a portion of property lying between Oak Avenue and Park Avenue and between West 28th Street and Laurel Drive. William F. Jr. and Linda C. Fowler, owners. Ad published June 2 and 9, 1994. Copy of map attached. ~'~... Adopted. D. Ordinance No. 3214, re: Amending Fire Prevention and Safety Codes. Ad published June 2, 1994. ili~. Adopted. E. Ordinance No. 3215, re: Vacating a portion of Jewett Lane. Ad published June 2, 1994. (p -;21-1t!. . (yet Public hearing tabled alternate right-of-way. pending receipt of conveyance of 14. (9th Street and Sanford Avenue.) Tabled at May 9, 1994 Meeting, and May 23, 1994 Meeting, pending further Staff review. City Manager reconunendation to be available at Work Session. .... No action taken (request withdrawn by Applicant.) 15. (Right-Of-Way Use Permits.) A. Request from Joanne Drage, for off-street parking at 616 West First Street (Sanford House). Information attached with Agenda Item No.2. Plans Review Committee recommends approval. City Manager recommends approval for parking. Qr;~ I oooo Approved for parking. B. Request from Anne Wallace, for a handicap parking space and wheelchair access ramp, within a portion of unopened Commercial Street west of Holly Avenue. Information attached with Agenda Item No.3. ~. City Manager reconunends approval of right-of-way use permit for northerly thirty-five (35) feet of unopened Commercial Street from Holly Avenue right-of-way extending 125 feet to the west, for a period of twenty (20) years, with specific condition that said permit may be terminated by the City upon 60-days notice if Commercial Street is to be opened as a public thoroughfare. Approved as recommended by C~ty Manager. 16. (Site 10 Lease - Sanford Aero Modelers' Club.) Information attached with Agenda Item No.4. pJ1J... City Manager reconunends authorization to execute lease agreement with Sanford Aero Modelers' Club, for use and maintenance of Field F-5 of Site 10, at a nominal rental rate. Authorized. 17. (Environmental Assessment Contract.) with Agenda Item No.5. Information attached ~ j ~ oooo City Manager reconunends authorization to execute said Contract with Storm Richards & Associates, Inc. in amount of $1,100.00, for Phase One Environmental Assessment of land (Wharton Property) offered for donation to the City, for Cloud Branch/Mill Creek drainage improvements. Authorized. 18. (Worker's Compensation Insurance.) Information attached. City Manager reconunends renewal of contract with Florida League of $83,000.00, Coverage. ~~ Authorized. Cities for FY for an estimated annual premium of 94/95 Worker's Compensation Insurance 19. (Right-of-Way Use Permit - 1019 Laurel Avenue.) Information attached. Plans Review Committee recommends denial City Manager recommends denial of fence. ~v---:-. .. Denied. I' 20. Mt (; ,:;2 ;-qjoo . 21. 'L ~ Lv -;J7-qL(.... (Petition to Annex.) Heritage Acquisition Corporation, owner. Copies attached: Map Petition Application Staff Recommendations City Manager recommends authorization for City Attorney to prepare the proper ordinance to annex the property. Authorized preparation of ordinance. (Petition to Annex.) James R. and Dolores K. Smith, owners. Copies attached: Map Petition Application Staff Recommendations City Manager recommends authorization for City Attorney to prepare the proper ordinance to annex the property. Authorized preparation of ordinance. 22. (Waiver of Police Officer Requirement Information attached. . ~oo. Rotary Club.) City Manager recommends approval. Authorized. 23. (Summer Program.) Information attached. ~.. 24. JJwjc4n. City Manager recommends approval of contract with Zaffran Bus Company in estimated amount of $3,980.00, for 1994 Summer Program. Approved. (Open-Air Restaurant - 1800 French Avenue.) Information attached. City Manager reconunends approval. Authorized. 25. (CDBG Cooperation Agreement.) Information attached. lJft~. . City Manager recommends authorization to execute said CDBG Cooperation Agreement with Seminole County, for FY 95/96/97, and adoption of Resolution No. 1688 authorizing execution of said Agreement. Authorized. 26. (LIHEAP.) Information attached. l)\wJM . 27. City Manager reconunends authorization to execute Amendment No. 1 to 1994 LIHEAP Agreement, increasing funding from $61,696.00 to $188,765.00. Authorized. (Condemnations.) A. Status Report of all current and pending condemnations. .... Acknowledged. ~.. j/)~ . . 28. JJ){LMJ- &-i7~.qt/ 29. a~ a~ . . . . c%-' J (j ,,;X7..- tf . B. Requests for Demolition of Structures. (1) Condemnation Report #94-1, 1612 Peach Avenue, Dessie Edwards, owner. (2) Condemnation Report #94-5, 801 Pecan Avenue, Euma Morrow, owner. (3) Condemnation Report #94-6, Alberta Armour, owner. 1706 Bell Avenue, Building Official reconunends authorization for Public Works to demolish structures (1) through (3), after title search. City Manager recommends proceed with demolition structures (1) through (3), after title search. of Authorized as recommended by City Manager. C. Status Report regarding Condemnation Report #94-10, 2544 Park Drive, Party Machine. On May 10, 1994, the City Commission authorized demolition of structure after May 28, 1994, unless prior to said date, the owner submitted plans that are complete and ready for City review to rehabili tate the building. Building Official reports that plans were submitted May 20, 1994, and building permit issued. City Manager recommends deferral of demolition pending on-going repair of building. Authorized to abate demolition for 60 days and to notify the owner that all previously approved waivers for this property have expired as a result of not being used for a time period of six months. (First reading of Ordinance No. 3216,) re: closing, vacating and abandoning a 7 1/2 foot wide north-south drainage and utility easement lying on the east side of the property at 101 Sweet Gum Court; Steve A. Gomez, owner. Copy of map attached. Passed first reading. (Board appointments/re-appointments.) A. Civil Service Board: The term of Ernie A. Cavallaro (City Commission appointed) expires June 30, 1994. Mr. Cavallaro has been contacted and is willing to serve again, if re-appointed. NEEDS ACTION. George Rufus submitted his resignation from the Civil Service Board, effective May 20, 1994, a copy of which was provided at the May 23, 1994 Meeting. NEEDS ACKNOWLEDGEMENT. Acknowledged George Rufus' resignation; re-appointed Ernie A. Cavallaro. B. Code Enforcement Board: The term of Bradford J. Gonzalez expires June 30, 1994. Need to re-appoint or appoint a replacement. There is one vacancy, for an alternate member. Re-appointed Bradford J. Gonzalez; no action to appoint an alternate member. ,'I,. OO~' ~.. (; 'J1/ C/~ . I. " 'L~' . . . A . L .... 30. 31. ~. Lft1/~P.l. . 32. &1-~ . 33. , 1-1,1 {; "8- .1'.. 34. & tM~.. . 35. ()~~ . . 36. (\d-f4.. . C. Sanford Housing Authority: James R. Valerino submitted his resignation from this board, a copy of which was provided at the May 23, 1994 Meeting. NEEDS ACKNOWLEDGEMENT, AND NEED TO APPOINT A REPLACEMENT. Information attached. Acknowledged James R. Valerino's resignation; consider appointment of a replacement June 27, 1994. D. Strategic Plan Review Committee: Copy attached of additional recommended nominations/appointments. Appointed additional members as submitted. (Information from Planning and Zoning Commission Meeting of Thursday, May 19, 1994.) NO ACTION REQUIRED. No action taken. (Consent Agenda.) A. Consideration of request for payment of City Attorney's May, 1994 Statement, for professional services, in amount of $12,221.60. Copy attached. City Manager recommends authorization to pay. Authorized. B. Approval of Vouchers for the month of May, 1994. Approved. (The following eight (8) invoices totalling $81,366.29 have been paid per City Commission approval on October 8, 1990, and November 25, 1992: Conklin, Porter & Holmes $1,309.81, $11 , 106 . 20 , $1 7 , 212 . 51 , $ 7 8 3 . 48 , and $ 7 , 3 6 9 . 98 , $1 , 93 3 . 60 ; Southeast Marine Construction $13,072.50; and Lee Construction $28,578.21. Copies attached. Acknowledged. (Bids for construction of Towne Center Boulevard.) Assistant City Attorney reported Hubbard Construction is apparent low bidder, but there was a mathematical error in bid from Amick Construction, and if they are allowed to correct it, they will become the lowest bidder by $34,000.00. City Commission to consider tentative award of bid June 27, 1994. (Resolution No. 1687 regarding the Ritz Theater.) Adopted. (Enterprize Community Grant.) Authorized Mayor to sign joint application. (Procure a police dog from Lakeland Kennel.) Authorized in amount of $6,400.00. 37. 1'",.-' n j ~ to... 38. tiU ).... (Acceptance of two counter-offers for property for the Mill Creek/Cloud Branch Drainage Project.) Authorized acceptance of Bacon counter-offer in amount of $14,000.00; and Hodges counter-offer in amount of $11,761.20. (Request to adopt an ordinance to require vacant property to be cleared if growth is over 12 inches.) Requested by Tim Defoggi, 622 Sarita Street, Sanford. City Manager to obtain a copy of Orlando's ordinance for City Commission review.