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012599 rm agenda & min. to f' AGENDA Sanford City Commission Meeting Monday, January 25, 1999 Sanford City Hall, 300 North Park Avenue Sanford, Florida ****************************************************************************** REGULAR MEETING 7:00 P.M., City Commission Chambers, First Floor 1. Citizen participation. 2. Approval of minutes of City Commission January 11, 1999 Work Session and January 11, 1999 Regular Meeting. Recommended by City Manager. 3. Public hearin2 and second readin2 of Ordinance No. 3458 to rezone a portion of property lying between East 21st Street and East 22nd Street and between Magnolia Avenue and South Park Avenue from MR-2, (Multiple Family Dwelling Residential) to PD, (Planned Development)(2105 South Park Avenue). William H. Runge, owner. Recommended by City Manager. Ad published January 14, 1999. 4. Public hearin2 and second reading of Ordinance No. 3459 to rezone a portion of property between N. Towne Rd. and North Entrance Rd. and between Oregon Avenue and Towne Center Blvd. (185 Oregon Avenue), from GC-2, (General Commercial to PD, (Planned Development). John N. Fountain, Jr. owner. Recommended by City Manager. Ad published January 14, 1999. 5. Inoperable/Untagged vehicles - time extension requests. Community Development Director and City Manager recommend extensions as itemized. 6. First readin2 of Ordinance No. 3460 to annex a portion of property between Marquette Avenue and Lake Mary Boulevard extended easterly and between Sipes Avenue and Brisson A venue and a portion of property between Moores Station Road extended westerly and Marquette Avenue and between Beardall Avenue and Sipes Avenue extended northerly. Sanford Airport Authority, owner. Recommended by Plans Review Committee and City Manager. 7. Adoption of Resolution No. 1806, re: establish Solid Waste Collection Fees. Recommended by City Manager. 8. Approve amended contract with Brantley and Associates, Inc. for Legislative Consultant services. Recommended by City Manager. 9. Boards: appointments/reappointments. A. Board of Adjustment The term of Karl Owen Stairs expires February 1, 1999, and he wishes to be reappointed. NEED TO APPOINT/ REAPPOINT. . " B. Cemetery Advisory Committee. The term of Christopher Neal expires March 12, 1999. He wishes to be reappointed. NEED TO APPOINT/ REAPPOINT. C. Code Enforcement Board. There is one vacancy for an Alternate Member. NEED TO APPOINT A REPLACEMENT. Application on file from Dean Ray. D. Historic Preservation Board. Mr. Jeny Gross has resigned from the Historic Preservation Board effective January 11, 1999. NEED TO APPOINT A REPLACEMENT. Applications on file from Robert Kuhn, Gene Newman, Bart Rush, James L. Stanton and Ronald C. Tracey. 10. Consent Agenda. A. Accept bid from Weschmark Corporation, in the amount of$42,500.00 for Re- Bid #RFP98/99-01, design/repair and refurbishment of Lake view Cemetery gazebo. Recommended by City Manager. B. Accept bid from Weschmark Corporation, in amount of $23,962.00 for Bid #IFB 98/99-02, Rehabilitation of Coastline Park. Recommended by City Manager. C. Accept bid from Nicholas Truck Bodies, in the amount of$6,412.00 for Bid #IFB98/99-06, truck mounted hoist. Recommended by City Manager D. Authorize Amendment Numbers 32 & 33 to contract with CP&H Engineers for design of utility improvements associated with Narcissus Ave./W. 5th Street sewer line extensions and Rand Yard Road/St. Johns Parkway water line extensions for $105,962.20 (Amendment No. 32) and $104,330.34 (Amendment No. 33). Recommended by City Manager. E. Approve contract with M. Gay Constructors, Inc. for lighting the four field complex at Chase Park. Recommended by City Manager. F. Approve purchase oflot located on the south east corner of West 13th Street and Oleander Avenue at appraised price of$7,000.00; and authorize transfer of funds. Recommended by City Manager. G. Request to board up structure at 1502 W. 12th Street which is abandoned and open to transients. Recommended by City Manager. H. Approve amended Interlocal Agreement for 13th Street Police Station to increase to $44,992.00 the CDBG funds that can be used for land, buildings and furnishings. Recommended by City Manager. II. Add-on items. .. 12. City Attorney's Report. 13. City Clerk's Report. 14. City Mana2er's Report. 15. 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 VERBA TIM 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 HUMAN RESOURCES OFFICE ADA COORDINATOR AT 330-5626 48 HOURS IN ADVANCE OF THE MEETING. AGENDA Sanford City Commission Meeting Monday, January 25, 1999 Sanford City Hall, 300 North Park Avenue Sanford, Florida ****************************************************************************** REGULAR MEETING 7:00 P.M., City Commission Chambers, First Floor 1. Citizen participation. A. Doreen Freeman, 705 Mellonville Av: (1) Informed Commission that the City Clerk had confirmed that the vote to privatize solid waste was an Add-on Agenda Item November 13 (sic) and again requested the Commission not to do this in the future; suggested Add-on Items and Staff Reports be at the beginning of the meeting. Mayor Dale concurred the vote should have been a Regular Agenda Item. (2) Reported she has not received any information regarding schedules and fees under the privatized solid waste service, and asked if 4 free bulk pick- ups per year are still included. City Manager reported 4 free bulk pick-ups per year are still included, and that the private company failed to deliver notices to some areas. (3) Reported the barricades on Mellonville Avenue for storm water/drainage work create a dangerous situation. Public Works Director reported storm drains are being lowered, the resurfacing will begin this week, and he will check the site tomorrow to ensure it is as safe as possible. B. Jean Cawelti, 2532 Iroquois Av, presented a certificate of gratitude to Commissioner Lyons from the Dreamwold Neighborhood Watch Group. c. Beatrice Jones reported more frequent Lynx service is needed (every half hour) and service is needed between Sanford and Lake Mary. City Manager to check into more frequent and expanded service. Tony....... 2. Approval of minutes of City Commission January 11, 1999 Work Session and January 11, 1999 Regular Meeting. Recommended by City Manager. Cynthia..... Approved. 3. Public hearing and second reading of Ordinance No. 3458 to rezone a portion of property lying between East 21 st Street and East 22nd Street and between Magnolia Avenue and South Park Avenue from MR-2, (Multiple Family Dwelling Residential) to PD, (planned Development)(2105 South Park Avenue). William H. Runge, owner. Recommended by City Manager. Ad published January 14, 1999. Cynthia...... Adopted. 4. Public hearing and second reading of Ordinance No. 3459 to rezone a portion of property between N. Towne Rd. and North Entrance Rd. and between Oregon Avenue and Towne Center Blvd. (185 Oregon Avenue), from GC-2, (General Commercial to PD, (Planned Development). John N. Fountain, Jr. owner. Recommended by City Manager. Ad published January 14, 1999. Markae...... Adopted. 5. InoperablelUntaln:ed vehicles -- time extension requests. Community Development Director and City Manager recommend extensions as itemized. Charles.... Approved as recommended. 6. First reading of Ordinance No. 3460 to annex a portion of property between Marquette Avenue and Lake Mary Boulevard extended easterly and between Sipes Avenue and Brisson Avenue and a portion of property between Moores Station Road extended westerly and Marquette Avenue and between Beardall Avenue and Sipes Avenue extended northerly. Sanford Airport Authority, owner. Recommended by Plans Review Committee and City Manager. 2-8Reg & Tony/Jan & Markae. ..... Passed 1 st reading. 7. Adoption of Resolution No. 1806, re: establish Solid Waste Collection Fees. Recommended by City Manager. Jeny....... Adopted. 8. Approve amended contract with Brantley and Associates, Inc. for Legislative Consultant services. Recommended by City Manager. Tony...... Approved. 9. Boards: appointments/reappointments. A. Board of Adjustment. The term of Karl Owen Stairs expires February 1, 1999, and he wishes to be reappointed. NEED TO APPOINT/ REAPPOINT. Markae...... Reappointed. B. Cemetery Advisory Committee. The term of Christopher Neal expires March 12, 1999. He wishes to be reappointed. NEED TO APPOINT/ REAPPOINT. Markae...... Reappointed. C. Code Enforcement Board. There is one vacancy for an Alternate Member. NEED TO APPOINT A REPLACEMENT. Application on file from Dean Ray. Markae...... Appointed David Kelly. D. Historic Preservation Board. Mr. Jerry Gross has resigned from the Historic Preservation Board effective January 11, 1999. NEED TO APPOINT A REPLACEMENT. Applications on file from Robert Kuhn, Gene Newman, Bart Markae.... . Rush, James L. Stanton and Ronald C. Tracey. Accpeted resignation & appointed Bart Rush. 10. Consent Agenda. Mike...... Mike... . .. Jeny....... Jan.... . Mike........ Jeny....... Jeny...... H. Tony....... A. Accept bid from Weschmark Corporation, in the amount of$42,500.00 for Re- Bid #RFP98/99-01, design/repair and refurbishment of Lake view Cemetery gazebo. Recommended by City Manager. Accepted. B. Accept bid from Weschmark Corporation, in amount of $23,962.00 for Bid #IFB 98/99-02, Rehabilitation of Coastline Park. Recommended by City Manager. Accepted. C. Accept bid from Nicholas Truck Bodies, in the amount of$6,412.00 for Bid #IFB98/99-06, truck mounted hoist. Recommended by City Manager Accepted. D. Authorize Amendment Numbers 32 & 33 to contract with CP&H Engineers for design of utility improvements associated with Narcissus Ave.tw. 5th Street sewer line extensions and Rand Yard Road/St. Johns Parkway water line extensions for $105,962.20 (Amendment No. 32) and $104,330.34 (Amendment No. 33). Recommended by City Manager. Authorized. E. Approve contract with M. Gay Constructors, Inc. for lighting the four field complex at Chase Park. Recommended by City Manager. Authorized. F. Approve purchase oflot located on the south east corner of West 13th Street and Oleander Avenue at appraised price of $7,000.00; and authorize transfer of funds. Recommended by City Manager. Authorized. G. Request to board up structure at 1502 W. 12th Street which is abandoned and open to transients. Recommended by City Manager. Authorized. Approve amended Interlocal Agreement for 13th Street Police Station to increase to $44,992.00 the CDBG funds that can be used for land, buildings and furnishings. Recommended by City Manager. Authorized. 11. Add-on items. A. Jay...... B. Jan...... . Endorse position statement to incorporate extension ofRiverwalk from Zoo to Wayside Park. Recommended by City Manager. Endorsed. Approve right-or-way use agreement for Sanford Housing Authority - 1221 W. 7th Street. Recommended by City Manager Authorized subject to meeting LDR requirements & obtaining all permits, fees. 12. City Attorney's Report. None given. 13. City Clerk's Report. None given. 14. City Manager's Report. A. Golf Course - letter from Bany Oxford, provided for information and for guidance if any different from previous instruction to proceed with discovery. Bill C. & 2-8WS....... Bill C. & Tony....... B. Jay & 2-8WS. ..... C. D. E. Discuss recommendations for co-counsel and how to proceed. Continue with discovery as previously directed. SR46 Gateway Standards. Will be on February 8, 1999 Work Session Agenda. Notice of groundbreaking at airport tomorrow, and press releases. Notice from State Attorney General city received $18,740.00 from a court settlement of a petroleum companies' price fixing case, and this is to be used on road projects. Request from FLC for nominations of elected officials to serve on the Florida Municipal Insurance Trust - contact City Manager if interested. 15. City Commissioners' Reports. A. Commissioner Eckstein. No report. B. Commissioner Williams. No report. C. Commissioner Lessard reported he has concerns about a city employee and he will speak to City Manager VanDerworp regarding the employee. D. Commissioner Lyons. (1) Reported blight in the 17-92 CRA area has increased recently with the installation of two new billlboard signs. Requested each Commissioner call the Seminole County Commissioners and ask why these billboards were Tony........ E. permitted. (2) Reported FRS has a roll-off at the construction site of the new Holiday Inn Express, their second violation regarding roll-offs, and the city needs to enforce the contract. Mayor Dale. (1) Reported he and City Manager presented the city's legislative plan to the Seminole County Legislative Delegation last week. (2) Reported he agrees with Commissioner Maloy about the unsightlyness of newspaper racks and asked when Sanford will have an ordinance ready to address them. Jay & 2-22........ Jay Marder reported he is working on an ordinance which should be ready in a month. 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 HUMAN RESOURCES OFFICE ADA COORDINATOR AT 330-5626 48 HOURS IN ADVANCE OF THE MEETING. E718672 MINUTES City Commission, Sanford, Florida 7: 00 487 P.M. REGULAR MEETING January 251999 The City Commission of the City of Sanford, Florida met in Regular Meeting on January 25, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Attorney William L. Colben City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Citizen participation. Doreen Freeman, 705 Mellonville Avenue, reported her assumption that a vote to pfivatize the solid waste for the City was done as an "Add-on" item during a regular Commission meeting has been confirmed as correct. She feels these add-ons, the items for general discussion, etc. should be at the beginning of the Commission Meeting so that the public has a better opportunity to hear what is going on and to respond. Also, she reported she did not receive notice of the pick up days and fees for the new solid waste service. Ms. Freeman also reported there are barricades around a hole on Mellonville Avenue where the City is working, and it is hard to get through and it' s dangerous. Jerry Herman, Public Works Director, reported the City is repaving Mellonville and they are stripping all the old surfaces off and lowering the drainage areas so that they will be even with the new paving. City Manager VanDerworp reported that service will remain the same for the new solid waste service. Janet Dougherty, City Clerk, reported that the vote to privatize was taken as an add-on item. Mayor Dale reported he was not aware the vote was taken as an add-on because it was done the same day as the contract with FRS was voted on, and the contract issue was a regular agendized item. He apologized for taking the vote as an add-on item. Jean Cawelti, 2532 Iroquois, as a representative of the Dreamwold neighborhood watch group, presented Commissioner Kerry Lyons with a Certificate of Appreciation for all he has done for their neighborhood, the watch group, and his entire district. Beatrice Jones reported there needs to be better Lynx service in Sanford: a bus every half hour in each direction, and bus service to Lake Mary. Mayor Dale directed the City Manager to investigate and work on trying to get more bus service for Sanford. Approval of minutes. Commissioner Lessard moved to approve the minutes of the January 11, 1999 Work Session and the January 11, 1999 Regular meeting. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearin~ and second reading of Ordinance No. 3458 to rezone a portion of property lyin~ between East 21st Street and East 22nd Street and between Magnolia Avenue and South Park Avenue from MR-2. (Multiple Family Dwelling Residential) to PD. (Planned Development)(2105 South Park Avenue). William H. Runge, owner. Ad published January 14, 1999. 488 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 2~9__ 99 Ordinance No. 3458 was readby ti~e. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3458. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved to adopt Ordinance No.' 3458, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY, SAID ORDINANCE BEING A ZOlxHNG PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN EAST 21 ST STREET AND EAST 22ND STREET AND BETWEEN MAGNOLIA AVENUE AND SOUTH PARK AVENUE FROM MR-2, MULTIPLE FAMEY RESIDENTIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider second readine and adoption of Ordinance No. 3459. re: rezone a portion of property between N. Towne Rd. and North Entrance Rd. and between Oregon Avenue and Towne Center Blvd. (185 OreCon Avenue), from GC-2. (General Commercial) to PD. (Planned Development). John N. Fountain, Jr., owner. Ad published January 14, 1999. Ordinance No. 3459 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3459. No one appeared. On recommendation of the City Manager, Commissioner Lyons moved on the second reading and adoption of Ordinance No. 3459, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN N. TOWNE ROAD AND NORTH ENTRANCE ROAD AND BETWEEN OREGON AVENUE AND TOWNE CENTER BOULEVARD FROM GC- 2, GENERAL COMMERCIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Inoperable/Untageed vehicles ' time extension request. Charles Rowe, Community Development Coordinator, reported James Parlier has requested a 30 to 60 day extension on a vehicle located on his property. Community Development recommended authorization for an extension until February 16, 1999. Also, Tracy Turner has requested a 60-day extension on a vehicle located on her property. Community Development recommended authorization for an extension until March 10, 1999. On recommendation of the City Manager, Commissioner Eckstein moved to authorize an extension until February 16, 1999 for the vehicle at 1404 South Magnolia Avenue and until March 10, 1999 for the vehicle at 208 Sir Lawrence Drive. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 489 : January 2~9' 99 First reading of Ordinance No. 3460 re: annexing a portion of property between Marquette Avenue and Lake ,Mary Boulevard extended easterly and between Sipes Avenue and Brisson Avenue and a portion of property between Moores Station Road extended westerly and Marquette Avenue and between Beardall Avenue and Sipes Avenue extended northerly. Sanford Airport Authority, owner. Ordinance No. 3460 was read by title. On recommendation of the City Manager, Commissioner Willjams moved on the first reading of Ordinance No. 3460, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN MARQUETTE AVENUE AND LAKE MARY BOULEVARD EXTENDED EASTERLY AND BETWEEN SIPES AVENUE AND BRISSON AVENUE AND A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN MOORES STATION ROAD EXTENDED WESTERLY AND MARQUETTE AVENUE AND BETWEEN BEARDALL AVENUE AND SIPES AVENUE EXTENDED NORTHERLY; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1806 to set Solid Waste Collection Fees. Resolution No. 1806 was read by title. On recommendation of the City Manager, Commissioner Lyons moved to adopt Resolution No. 1806, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING THE AMOUNT OF FEES TO BE PAID TO THE CITY OF SANFORD FOR SOLID WASTE COLLECTION SERVICES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Amended contract with Brantley and Associates. Inc. for Legislative Consultant services. Commissioner Lyons reported he didn't feel Brantley and Associates, Inc. was reporting back to the Commission on what they have done for the City, and therefore he has not seen any results from the last contract with them. The only apparent advantage from the contract was help with midge control. Mayor Dale reported that Brantley and Associates, Inc. do a lot of lobbying for the City that the Commission is not aware of. Commissioner Lyons reported if that is the case the City needs to have reports or some feedback. City Manager VanDerworp reported that this amended contract would stipulate that reports be given to the City on a periodic basis. Commissioner Lessard agreed the City needs to receive reports, but he also felt that we need Brantley and Associates, Inc. to help us lobby at the State level for help with the sea wall. Commissioner Eckstein reported the increase seems excessive, but the City really needs the service that Brantley and Associates, Inc. can provide. On recommendation of the City Manager, Commissioner Eckstein moved to approve the amended contract with Brantley and Associates, Inc. for Legislative Consultant services. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: 490 E718672 MINUTES City Commission, Sanford, Florida 7:0O REGULAR MEETING January 2519__ 99 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Board appointments/reappointments. Board of Adjustment. Charles Rowe, Community Development Director, reported Board member Karl Stairs' term expires February 1, 1999, and he wishes to be reappointed. Commissioner Eckstein moved to reappoint Karl Stairs to the Board of Adjustment. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Cemetery Advisory Board. Mike Kirby, Recreation and Parks Director, reported Christopher Neal's term expires March 12, 1999, and Mr. Neal wishes to be reappointed. Commissioner Eckstein moved to reappoint Christopher Neal to the Cemetery Advisory Board. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Code Enforcement Board. The City Clerk reported one vacancy on this Board, for an alternate member. Commissioner Lessard moved to appoint David Kelly as an alternate member on the Code Enforcement Board. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Historic Preservation Board. Jay Marder, Director of Planning and Development, reported Jeny Gross has resigned from this Board effective January 11, 1999. Commissioner Lessard moved to appoint Bart Rush to the Historic Preservation Board. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Consent Agenda. On recommendation of the City Manager, Commissioner Lessard moved as follows: Accept bid from Weschmark Corporation, in the amount of $42,500.00 for Re-Bid #RFP98/99-01, design/repair and refurbishment of Lakeview Cemetery gazebo. Accept bid from Weschmark Corporation, in the amount of $23,962.00 for Bid #IFB98/99- 02, Rehabilitation of Coastline Park. E718672 City MINUTES Commission, Sanford, Florida &: O0 P.M. REGULAR MEETING 491 Regular 2519. 99 Accept bid from Nicholas Truck Bodies, in the amount of $6,412.00 for Bid #IFB98/99-06, truck mounted hoist. Authorize Amendment Numbers 32 & 33 to contract with CP&H Engineers for design of utility improvements associated with Narcissus Ave./W. 5th Street sewer line extensions and Rand Yard Road/St Johns Parkway water line extensions for $105,962.20 (Amendment No. 32) and $104,330.34 (Amendment No. 33). Approve contract with M. Gay Constructors, Inc. for lighting the four field complex at Chase Park. Approve purchase of lot located on the south east comer of West 13th Street and Oleander Avenue at appraised price of $7,000.00; and authorize transfer of funds. Approve request to board up structure at 1502 W. 12th Street which is abandoned and open to transients. Approve amended Interlocal Agreement for 13th Street Police Station to increase to $44,992.00 the CDBG funds that can be used for land, buildings and fumishings. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Add-on items. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williums Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager VanDerworp recommended endorsement of the City's position statement with respect to extending the Riverwalk from the Zoo to Wayside Park. Commissioner Lyons moved to endorse the position statement. Seconded by Commissioner Williums and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager VanDerworp reported the City has received a request for a Right-of-Way Use Agreement from the Sanford Housing Authority to construct parking. and landscaping improvements within the Olive Avenue right-of- way. The improvements are for the new day care facility to be owned and operated by the Sanford Honsing Authority. On recommendation of the City Manager, Commissioner Eckstein moved to approve the Right-of-Way Use Agreement for the Sanford Housing Authority. City Attorney's report No report. City Clerk's report. No report. Seconded by Commissioner Williums and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye 492 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 2519__ 99 City Manager's report. City Manager VanDerworp reported he had received a letter from the Sycamore Group, Inc. regarding the golf course lease. The City sent to Mayfair some months ago a settlement agreement, and never received a response. The City Commission then decided to proceed with Discovery and a countersuit, or whatever else was necessary, with respect to the golf course. The letter received from Batty Oxford of the Sycamore Group, Inc. states that he represents the owner of the golf course, and asks if the City would be agreeable to an acceptable assignment of the existing lease for payment of $100,000 and dismissal of the lawsuit. Commissioner Lessard reported the golf course is a taxpayer' s asset and it is the duty of the Commission to follow through with what it said it was going to do. Mayor Dale reported the City has been sued and has not done anything to move forward, and he recommends the City hire the firm of Gray, Harris and Robinson and file a counter-suit He believes the City needs to get outside counsel and take an aggressive stance. City Attorney Colbert reported there is a hearing this week in which the City is asking the Court to accept into the Registry of the Court the money that was previously tendered to the City, which is a defensive posture on behalf of the City, to keep the City from being exposed to a claim for interest on the money. His office has begun drafting Interrogatofies and a Request to Produce to go forward on Discovery. There'has been discussion within his firm of the pot~al of bringing in Co~Co~-~!. He ~vas planning on bringing that potential of Co~Counse! to the Commiss~n/n two weeks. His firm is not opposed to having Co-Counsel in .the case, or to the City bringing in outside Counsel, and his firm will assist in any way it can and take direction from the City Commission on how it would like to proceed. Commissioner Eckstein reported the Commission should wait two weeks because a decision like this needs to be discussed: He is not satisfied with the old lease and would like the lease to be modified for the next buyer. Also, he does not know if switching law firms at this time is the prudent thing to do. This issue should be discussed at a work shop. City Manager VanDerworp reported he has spoken with City Attorney Colbert about getting Co-Counsel, and he was proposing to come back to the Commission with a letter stating Co-Counsel will be used. City Attorney Colbert reported one reason to consider Co-Counsel is because his firm has been involved with the golf course since the eighties, and they may get called as potential witnesses in the case, and they cannot prosecute and provide information as witnesses at the same time. Commissioner Eckstein reported he is not opposed to Co-Counsel, but he would like some time to decide on a law firm. He would like to talk to Jack Daniels, and look at all the options. City Attorney Colbert reported his legal recommendation is to come back in two weeks with a definite recommendation concerning either Co- Counsel or substitute Counsel with the rates and terms of the engagement spelled out. There was a consensus of the Commission to direct City Attorney Colbert and City Manager VanDerworp to proceed, and come back to the Commission in two weeks with recommendations. City Manager VanDerworp reported the Commissioners had each received a copy of the proposed Gateway Standards for State Road 46. There will be a presentation on this at the next Commission Meeting. It has gone to the Planning and Zoning Commission for recommendations. City Manager VanDerworp reported there will be a ground breaking at the Airport Fire Station tomorrow at 10:00. a.m. E718672 MINUTES City Commission, Sanford, Florida7: 00 P.M. REGULAR MEETING 1999 City Manager VanDerworp reported the City has received notice from the State Attorney General' s Office that due to a court settlement with respect to petroleum companies' price fpdng, the City of Sanford will receive $18,740.00 to use on road projects as part of the settlement. City Manager VanDerworp reported the City has received a request from the Florida League of Cities asking for nominations of elected officials to serve on the Florida Municipal Insurance Trust. Anyone interested should contact him. City Commissioners' reports. Commissioner Eckstein - No report. Commissioner Williams - No report. Commissioner Lessard - No report. Commissioner Lyons - Expressed concern over the blight in the 17-92 CRA area regarding billboards. Another billboard was just erected on 17-92 across from Seminole Community College, and one has been erected between Longwood and Sanford recently. He suggested the Commissioners each call the County Commissioners and find out why the County is allowing these billboards to be erected. Reported Florida Recycling Services has a roll-off where the Holiday Inn Express is being built, which is inside the City limits. This constitutes a second violation of roll-offs. The City needs to enforce its contract with FRS regarding compliance in regard to roll-offs. Mayor Dale thanked the Commission and staff for all of their support and sympathy given on the loss of his mother. He reported that the County is beginning to look at the problem of magazine racks within the City, and asked staff where the City was in the process of creating an Ordinance on this issue. Jay Marder, Director of Planning and Development, reported his department has been reviewing and revising an Ordinance from Winter Park, and has a survey of the City's news stands, and his department should be providing something to the Commission as early as next month for consideration.. There being no further business, the meeting was adjourned. Attest: mr