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092297 ws/rm agenda AGENDA Sanford City Commission Meetings Monday, September 22, 1997 Sanford City Hall, 300 North Park Avenue Sanford, Florida ****************************************************************************** ** Work Session 3:30 P.M. in the City Manager's Conference Room . 1. Discussion of a police communications tape and press release regarding same. .2. Discussion of newspaper article re: "Mayor Intercepts Commissioners' Mail". .3. Discussion of auditing procedures and budget procedures for the Sanford Airport Authority. 1. Discussion of proposal for final engineering plans of the 1st Street drainage system from Conklin. Porter and Holmes Engineers. Inc. 2. Discussion ofletter of proposal from Conklin. Porter and Holmes Engineer. Inc. increasing their fee by $15.000 for additional engineering services to Amendment No. 42. Aerobic Digestion System improvements. 3. Discussion of Fort Mellon Park Development proposal and letter agreement. 4. Discussion of appointment of Law Enforcement Options Committee. 5. Discussion of direction to staff regarding solid waste RFP. 6. Discussion by Commissioner Eckstein of signage for recognition of accomplishments/ achievements. 7. Discussion of three DCA Weatherization Grant Program Agreements. 8. Discussion of Community Contribution Tax Credit Program. 9. Discussion of Public Lands and Facilities Inventory and Map. 10. Discussion of police collective bargaining agreement. 11. Discussion of Historic Sanford Memorial Stadium restoration design RFP. 12. Discussion of board appointments/reappointments. 13. Discussion of Regular Agenda items and other items. 14. City Manager's report. ****************************************************************************** ** Regular Meeting 7:00 P.M. City Commission Chambers 15. A. Public Hearing to finalize and adopt Annual Budget and Capital Program for Fiscal Year October 1.1997 to September 30.1998. B. Public Hearing to adopt Ordinance No. 3360. re: making appropriations for FY 97/98 Operating Budget. C. Authorize City Manager to approve budget transfers. 15. 1. Presentation by Sanford Police Department regarding departmental changes. 15.2. Citizens' Advisory Board meeting announcement. 16. Citizen participation. 17. Consideration of Commission meeting minutes. 18. Public hearing to consider second reading and adoption of: A. Ordinance No. 3359 to rezone a portion of the property between 13th Street (Celery Avenue) and East 14th Street extended easterly and between Valencia Court East extended northerly and Mellonville Avenue. B. Ordinance No. 3361. re: Adopt FY 97/98 Classification and Pay Plan. B.1. Discussion of Fire Department's newly acquired personal watercraft. C. Ordinance No. 3362. re: Amending Ordinance No. 3324 to delete section 8.1 of the City's Personnel Rules and Regulations and adopting an amended Section 8.1. D. Ordinance No. 3363. re: Annexing certain property lying between W. SR46 and Old Lake Mary Road and between Airport Boulevard West and Ridgewood Avenue (2508 Old Lake Mary Road). 19. First reading of Ordinance No. 3364. re: Adopt amendment to FY 97/98 & FY 96/97 Classification and Pay Plan to provide for a temporary (additional) building official position. retroactive to July 26. 1997. 20. Public Hearing to consider Appeal of a Denial. by the Planning and Zoning Commission. of a Conditional Use request for the purpose of establishing alcoholic beverage sales (beer and wine) for consumption on premises for property located at 1410 W. 13th Street. 21. Consideration of proposal from Conklin. Porter and Holmes Engineers. Inc. for final engineering plans. permit applications. opinion of probable construction cost. and investigation of the 1st street drainage system. 22. Consideration ofletter of proposal from Conklin. Porter and Holmes Engineer. Inc. increasing their fee by $15.000 for additional engineering services to Amendment No. 42. Aerobic Digestion System improvements. 23. Consideration of police collective bargaining agreement. 24. Consideration of three DCA Weatherization Grant Program Agreements. 25. Consideration of modification and extension of contract with The Ouality Vaults. Inc. for opening/closing of grave spaces at Sanford Municipal Cemetery. 26. Consideration of request for modification and extension of Cemetery Maintenance contract with The Bon Terre Group. Inc. 27. Consideration ofletter of request to remove speed bump to alleviate flooding in the 2700 block of South Park Avenue. 28. Adoption of Resolution # 1764. re: Community Contribution Tax Credit Program. 28.5. Adoption of Resolution No. 1765, re: create the Law Enforcement Options Committee. 29. Boards: appointments/reappointments. 30. Consideration of recommendations from Planning and Zoning Commission Meeting of September 4. 1997. 31. Consideration of Bid Tabulation #IFB96/97. Mill Creek Year 3A. 32. Consent Agenda. 33. Information regarding invoices paid during the period for previously approved lump sum contracts. 34. City Attorney's Report 35. City Manager's Report. 36. City Clerk's Report. 37. City Commissioners' Reports. 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. (FS286.0105) 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. FOR FURTHER DESCRIPTION OF AGENDA ITEMS, SEE ATTACHED MEMORANDUM MEMORANDUM DATE: SEPTEMBER 25, 1997 TO: STAFF FROM: CITY MANAGER & CITY CLERK RE: SEPTEMBER 22, 1997, AGENDA ITEMS ****************************************************************************** ** Work Session Second Floor .1. Police communications tape and press release regarding same of a call from Lynn Stogner. .......... Discussed. .2. Newspaper article re: "Mayor Intercepts Commissioners' Mail" regarding a memo from the Sanford Airport. .......... Discussed. .3 . Discussion of auditing procedures and budget procedures for the Sanford Airport Authority. Bill S..... Consensus that Airport Authority can proceed with the grants listed subject to receipt of the grants and clearance of the DCA matter. Consensus that auditors and others who previously met proceed to finalize the Memorandum of Understanding and make a joint recommendation regarding level of detail; if unable to jointly recommend, then to outline the areas to be decided. 1. Discussion of proposal for final engineering services for preparation of final engineering plans, permit applications, opinion of probable construction cost, and investigation of the 1 st Street drainage system, to alleviate flooding in the downtown area. Information attached. .......... Discussed; see Item #21 for action. 2. Discussion ofletter of proposal from Conklin, Porter and Holmes Engineering, Inc. requesting an increase of$15,000 to their contract for Amendment No. 42 related to the improvement of the aerobic digestion system at the wastewater treatment plant. The original contract amount was $29,949. Funds for this project are available in FY 97/98 budget. .......... Discussed; see Item #22 for action. 3. Discussion of Fort Mellon Park Development proposal and letter agreement. Bill C....... Discussed; concurred that City Attorney work with PRA's attorney to draft a letter of 10-13....... intent for the City Commission's review at the October 13 meeting. 4. Discussion of appointment of Law Enforcement Options Committee. .......... Concurred that each Commissioner will appoint 3 members; discussed nominees; see Item #28.5 and #29.B. for action. 5. Discussion of direction to staff regarding solid waste RFP. lO-13WS...... Not discussed; list October 13. 6. Discussion by Commissioner Eckstein of signage for recognition of accomplishments! achievements. lO-13WS...... Not discussed; list as 1st item October 13. 7. Discussion of three DCA Weatherization Grant Program Agreements. These agreement packages are necessary to continue service provision to area low income persons, and will be forwarded to the Florida Department of Community Affairs after execution by the City. .......... Not discussed; see Item #24 for action. 8. Discussion of Community Contribution Tax Credit Program. This program provides an incentive (50% tax credit) to encourage Florida corporations to make donations toward community development and low income housing projects. The Community Development Department would like to make use of this program in order to encourage match eligible donations which are now required by the Weatherization program. These documents will be forwarded to the Office of Tourism, Trade, and Economic Development after execution by the City. .......... Not discussed; see Item #28 for action. 9. Discussion of Public Lands and Facilities Inventory and Map. Information attached. lO-13WS...... Not discussed; list October 13. 10. Discussion of police collective bargaining agreement. .......... Not discussed; see Item #23 for action. 11. Discussion of Historic Sanford Memorial Stadium restoration design RFP. lO-13WS....... Not discussed; list October 13. 12. (Board appointments!re-appointments). .......... Not discussed. 13. (Regular Agenda items and other items). ......... . Not discussed. 14. (City Manager's report). .......... None given. ****************************************************************************** ** Regular Meeting First Floor 15. A. (Public Hearing.) Ad published September 7, 1997 [required by Charter Section 5.05(c)). Ads published September 18, 1997 (required by TRIM.) (1) Announce the proposed millage rate of6.8759 mills exceeds the rolled- back rate by 6.09% and this is necessary for the City to provide continuing level of City Services in the face of inflation and to meet increased demands for service. .......... Announced. (2) Public Input. (Note: THE PUBLIC HEARING MUST REMAIN OPEN DURING THE COMMISSION'S DELffiERA TIONS AND ACTIONS THROUGH (3) AND (4) BELOW.) ........ .. None given. (3) If reducing the millage rate and budget, recompute tentative millage rate, and amend budget as necessary. .......... No reduction/recomputation/amendment. (4) Adoption of Resolutions: (Copies attached.) V' Jan.... Adopted. / Jan.... Adopted. (1) Resolution No. 1762, re: Adopt Final Millage Rate. (2) Resolution No. 1763, re: Adopt Final Budget of Revenues and Expenses and Capital Programs. B. Public Hearing to adopt Ordinance No. 3360, re: making appropriations for FY97/98 Operating Budget. Ad published September 11, 1997. Copy of Ordinance No. 3360 attached. Kevin... . City Manager recommends adoption. Adopted. C. NEED A MOTION to authorize City Manager to approve the transfer of budgeted funds within departments, offices, or agencies during FY 98, as minor adjustments become necessary. .......... Authorized. 15.1. Presentation by Sanford Police Department regarding departmental changes. .......... Chief Dillard, Commander Hasson and Sergeant Presley discussed new working relationships, employee participation, goals, and other changes in the Police Department, and reviewed a handout. 15.2. Citizens' Advisory Board meeting announcement. .......... Mayor Dale announced that the Citizens's Advisory Board will meet Wednesday, October 8 at 7:00 P. M. in the City Commission Conference Room. 16. Citizen participation. .......... None. 17. Consideration of approval of Commission minutes for September 8, 1997 Work Session. Markae....... Approved. 18. Public hearing to consider second reading and adoption of Ordinances. Copies of Ordinances and maps attached. A. Ordinance No. 3359, re: rezoning a portion of the property between 13th Street (Celery Avenue) and East 14th Street extended easterly and between Valencia Court East extended northerly and Mellonville Avenue. Ad published August 15, 1997. City Manager recommends adoption. 10-13........ Tabled to October 13. B. Ordinance No. 3361, re: Amending Ordinance No. 3312, and its amendments, and adopting an amended Classification and Pay Plan effective October 4, 1997. Ad published September 11, 1997. City Manager recommends adoption. Tim............ Adopted. B.1. Discussion of Fire Department's newly acquired personal watercraft. .......... Assistant Fire Chief Need reported Yamaha of Lees burg donated 2 personal watercraft to the fire department, for water rescue, and thanked Mayor Dale for his work in obtaining these watercraft. C. Ordinance No. 3362, re: Amending Ordinance No. 3324 to delete section 8.1 of the City's Personnel Rules and Regulations and adopting an amended Section 8.1. Ad published September 11, 1997. City Manager recommends adoption. Tim.......... Adopted. D. Ordinance No. 3363, re: annexing certain property lying between W. SR46 and Old Lake Mary Road and between Airport Boulevard West and Ridgewood Avenue (2508 Old Lake Mary Road), Alan Shoemaker, owner. Ad published September 11 & 18, 1997. City Manager recommends adoption. Cynthia....... Adopted. 19. First reading and adoption of Ordinance No. 3364, re: Amending Ordinance No. 3312, and its amendments, and Ordinance No. 3361, and its amendments, to provide for a temporary (additional) building official position, retroactive to July 26, 1997. Copy attached. City Manager recommends approval of 1 st reading. Cynthia & 10-13.......... Passed 1 st reading. 20. Hearing to consider Appeal of a Denial, by the Planning and Zoning Commission, of a Conditional Use request for the purpose of establishing alcoholic beverage sales (beer and wine) for consumption on premises for property located at 1410 W. 13th Street in a GC-2, General Commercial Zoning District. Ad published September 11, 1997. Property posted September 8, 1997. Information attached: Notice oflntention to Appeal Conditional Use Application Map Diagram of Neighborhood Planning and Zoning Meeting Minutes of July 3, 1997 NEED TO TAKE ACTION. Hear testimony, make Findings of Fact and Conclusions of Law, and authorize preparation of an Order, based on the record presented to the Planning L and Zoning Commission. Jan...... Denied (upheld P & Z's denial). 21. Consideration of proposal from Conklin, Porter and Holmes Engineers, Inc. for final engineering services for preparation of final engineering plans, permit applications, opinion of probable construction cost, and investigation of the 1 st Street drainage system, to alleviate flooding in the downtown area. Information attached to Work Session Item No. 1. City Manager recommends approval in amount not to exceed $94,680.00. Bill S...... Approved, with loan from General Fund Reserves for same, to be repaid from stormwater bond sales. 22. Consideration of letter of proposal from Conklin, Porter and Holmes Engineering, Inc. requesting an increase of$15,000 to their contract for Amendment No. 42 related to the improvement of the aerobic digestion system at the wastewater treatment plant. The original contract amount was $29,949. Funds for this project are available in FY 97/98 budget. Information attached to Work Session Item #2. City Manager recommends acceptance of letter of proposal. Paul M...... Approved. 23. Consideration of police collective bargaining agreement. This agreement is an amendment to the existing collective bargaining agreement which expires September 30, 1998. Information attached to Work Session Item #10. Tim........ Approved. 24. Consideration of three DCA Weatherization Grant Program Agreements. Information attached to Work Session Item #7. City Manager recommends approval. Charles....... Approved. 25. Consideration of modification and extension to September 30, 1998 of contract with Quality Vaults, Inc. for opening/closing of grave spaces at Sanford Municipal Cemetery. City Manager recommends approval. Mike...... Approved. 26. Consideration of contract extension to September 30, 1998 and increase in cost of Cemetery Maintenance contract. The Bon Terre Group, Inc. is requesting a 5% increase in their annual contract for maintenance of the cemetery (from $40,355.88 to $42,373.76). This increase is requested due to the increasing cost of insurance, labor and gasoline. They did not receive a yearly increase on last year's contract renewal. Funds have been budgeted for this increase. City Manager recommends approval. Mike........ Approved. 27. Consideration ofletter of request to remove speed bump to alleviate flooding in the 2700 block of South Park Avenue. City Manager recommends approval. 10-13....... Tabled. 28. Adoption of Resolution #1764, re: Community Contribution Tax Credit Program. Information attached to Work Session Item No.8. City Manager recommends adoption. Charles...... Adopted. 2'.5. Adoption of Resolution No. 1765, re: create the Law Enforcement Options Committee. Wan......... Adopted as amended. 29. Boards. October through December 1997 expirations attached. A. Historic Preservation Board. Terms of Jerry W. Mills, Helen Stairs and Donald E. Moore expire October 28, 1997. Jerry W. Mills and Helen Stairs do not wish to be reappointed. Donald E. Moore does wish to be reappointed. NEED TO APPOINT/REAPPOINT. Applications on file for this board from Stephen G. Balint, Jr., Catherine E. Bossert, W. David Johnson, Lisa Lessard, Sica Nacu, Eline Ransom, Alan M. Spring and Gene Newman. Arlene....... Re-appointed Don Moore, appointed Eileen Ransom and Catherine Bossert. B. Law Enforcement Options Committee. This is a newly formed committee. Need to appoint all members and set terms per discussion in Work Session. NEED TO APPOINT. There are no application on file for this board, however the Citizen's Advisory Board has asked to be considered to act as this new Committee. Arlene........ Designated Commissioner Williams the City Commission's Liaison, appointed Michael Hoover, Bob V onHerbulis, Bill Clayton, Linda Kuhn, Dick Huber, Fred Rogers, Greg Manning, Ron Russi, Harry Reid, Bernard Brown, Timothy Hudson, Rev. Benjamin Adams, Phil Jackson, Mac McClanahan, Dennis Stewart. C. Sanford Museum Board. Terms of Dr. John Morgan, George C. Scott and Doris Gormly expire November 4, 1997. Liaison is checking to see if these people wish to be reappointed. NEED TO APPOINT/REAPPOINT. There are no applications on file for this board. Arlene........ Re-appointed 3. 30. Consideration of recommendations from Planning and Zoning Commission Meeting of September 4, 1997. NO ITEMS REQUIRING COMMISSION ACTION. .......... No action taken. 31. Consideration of Bid Tabulation #IFB96/97-112, Mill Creek Year 3A (Public Works). Memo, bid tabulation and RFP attached. City Manager recommends acceptance of low bid meeting specs from Prime Construction Group, Inc. in amount of $574,700.00; and loan from General Fund Reserves for same, to be repaid from stormwater bond sales. Jerry....... Approved. 32. Consent Agenda. A. Bid Tabulation #IFB96/97-110, Sanford Memorial Stadium Metal Storage Building (Recreation & Parks). Memo, bid tabulation and RFP attached. City Manager recommends acceptance of lowest bid which met specifications from Emory Development in amount of $31,116.00. Mike....... Accepted. B. Consideration of requests for payment of statements. Copies attached. CiU: Manager recommends authorization to pay. (1) From Seminole County Schools for 5th installment of Promissory Note entered into on January 29, 1993, in total amount of $89,299.62 (of which $10,966.62 is interest). Sandy....... Approved. (2) From Florida Environmental Assessments, Inc. for analysis and reporting, system maintenance and laboratory services in total amount of $18,3 15.00. Sandy...... Approved. (3) From Public Administration Service for consultant fees in total amount of $15,965.63. Sandy........ Approved. (4) From Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. for services 8/13/97 through 8/29/97 in total amount of$138.00. Sandy......... Approved. (5) From Foley & Lardner for services regarding City Coal Gasification Plant in total amount of$2,734.66. Sandy........ Approved. 33. The five invoices in total amount of$91,339.08 from Ardaman & Associates, Inc. ($1,539.55 and $410.43), Prime Construction Group, Inc. ($23,039.83), Ecotech Consultants, Inc. (2,547.00) and H. C. Connell, Inc. ($63,802.27) have been paid per City Commission approval on October 8, 1990 and November 5, 1991. Copies attached. Sandy........ Acknowledged. 34. (City Attorney's report). .......... None given. 35. (City Manager's report). A. Requested authorization of emergency water service to property immediately south of the Food Lion Store subject to verification by Staff that Gerald Gross, who signed the Annexation Petition, is in fact the current owner. Mr.Gross indicates he purchased the property last week; County tax records indicate a different owner. Jan& PauL......... . Approved as requested. B. Requested approval accept $108,256.64 bid from Computer City, low bidder meeting specs, for Police Department laptop computers, with funding from grant funds. Accepted. Joe......... c. Requested authorization to install sidewalk & replace an existing driveway at the Hopper Academy site in Georgetown. Commissioner Lessard reported Rinker donated the sidewalk 75% of the way down the city block, and he, Charles Rowe and Jerry Herman agree the City should continue it the remaining 100 or so feet to Celery Avenue. Jerry Herman reported the materials will cost about $200.00. Jerry......... Approved. D. Reported receipt of a letter agreement regarding Pine Shadow Apartments signed by Mr. Baldwin which documents the City Commission's verbal agreement with Mr. Baldwin reached at the last meeting, agreeing that he include the amounts due from 2 Code Enforcement Board Liens and the amount of the utility bill owed to the city in his ongoing action against Mr. Seeserun if the City will agree to drop the two liens. Finance has reviewed the agreement for accuracy of the dollar amounts, and the City Attorney has reviewed it and indicates it is in generally acceptable form. City Attorney Colbert reported the Letter of Understanding provides that the City and Mr. Baldwin's client share in the recovery less attorney's fees based on amounts owed, the City in essence would get a pro-rata share of amounts owed to it after expenses are paid off the top. City Manager Simmons reported if the agreement is authorized, authorization will also be needed to execute the two Releases of Liens. Bill S........... Authorized Letter of Agreement and releases of two liens. E. Reported Seminole Ford is again asking for longer term use of the leased Movieland Drive-in to store and display excess inventory (used cars) for an unspecified time period. Bill S.......... He recommended this project be required to go through Conditional Use Approval and the City not approve any further short term uses and the Commission concurred. 36. (City Clerk's report). .. .. . .. .. . None given. 37. (City Commissioners' reports). A. Commissioner Eckstein. .. .. .. .. .. None given. .......... B. Commissioner Williams reported she planned and held a Town Meeting in District 2 Saturday from Noon to 2:00 P.M. at the Boys and Girls Club Recreation Center. c. Commissioner Lessard reported he and Commissioner Williams discussed Golden Rule's proposal it submitted to the City Commission to purchase the house at 2nd Street and Sanford Avenue, and that last week the City Commission received a letter from a private owner who also wants to purchase and renovate the property. He and Commissioner Williams will discuss ideas to facilitate getting it purchased and renovated either by private or not-for-profit means, and if they can't do that he would personally be interested in the property. D. Commissioner Lyons. .......... None given. E. Mayor Dale reported that this is a very strong Commission and asked that if he has given the impression or indication that he is trying to spearhead this other than to perform leadership, to let him know. Further, the press has accused him of trying to micro-manage City department heads, that he does not want to do that, and that ifhe has unintentionally done that or intimidated Staff he asked that the City Manager and Department Heads tell him.