Loading...
122799 rm agenda & min. . Y' AGENDA Sanford City Commission Meeting Monday, December 27, 1999 Sanford City Hall, 300 North Park Avenue Sanford, Florida ****************************************************************************** REGULAR MEETING 7:00 P.M., City Commission Chambers, First Floor Presentations: 1. Annual Corporate Award. 2. Employee of the Month Award for December, 1999. Citizen participation. Approval or minutes of the City Commission December 13, 1999 Work Session; and December 13, 1999 Regular Meeting. Recommended by City Clerk and City Manager. Public Hearings. 1. RE: 5+ acres of property lying between SR 46 and Northstar Court extended westerly and Creek Road and Upsala Road. Westlake Professional Center Partners LC, Wayne L. Carse, Trustee, and Southern Bell Telephone & Telegraph Co., owners. A. Second reading and adoption of Ordinance No. 3524 to annex the property. Recommended by the City Manager. Ad published December 16 & 23, 1999. B. Second reading and adoption of Ordinance No. 3525 to rezone the property from PCD, Planned Commercial Development and AG, Agricultural to PD, Planned Development. Recommended by the City Manager. Ad published December 16, 1999. Regular Items. 1. First reading of Ordinance No. 3526 to annex a portion of that certain property lying between Country Club Road and CR 46A and between W. Airport Boulevard and Bevier Avenue extended southerly (2727 Country Club Road). Family Worship Center, owner. Recommended by the Plans Review Committee, the Director of Engineering & Planning, and the City Manager. 2. Discussion re: Rescue Church of God Right-or-Way Use Agreement. Report by the City Manager. 222 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING December 27 19 99 The City Commission of the City of Sanford, Florida met in Regular Meeting on December 27, 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 A. A. McClanahan City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting t0 order. Presentation. Mayor Dale presented to Mike Good of the Briar Corporation the 1999 Distinguished Corporate Citizen Mayor Dale reported Stacy Livingston, who is unable to attend tonight' s meeting, is the Employee of the Month for December, 1999, and her award will be presented later. Citizen participation. Phil Cowherd, Real Estate Broker in O~ando, requested the City sign a Friend of the Court Brief regarding a law suit involving a Social Service facility in Orlando. He reported the judgement of the law suit would set a precedent for future suits involving soup kitchens, etc. Ken Mears, Attorney, reviewed the Orlando case. Commissioner McClanahan moved to take no action on reviewing or signing this Brief. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye Nell Snow, 176 Woodridge Trail, reported that Casselberry is giving their seniors a break on their real estate taxes, and she asked if Sanford was going to take any action on the additional $25,000 homestead exemption for low income seniors, in addition to the standard homestead exemption. Mayor Dale reported he will be bringing some figures to the Commission the first quarter of the year and review how it will impact the City budget, and the Commission will then decide if they want to take any action on the additional $25,000 homestead exemption for low income seniors. Ms. Snow again requested a statue, engraved with the names of those persons from Sanford who served in World War II, be placed in Fort Mellon Park. She understands that a plaque was put at the stadium, but that is not good enough because it could be discarded or stored away at some period in time. The statue would be more permanent. Perhaps other veterans could be included, but definitely the names of those who served in World War II. Ms. Snow reported that the City needs to move ahead with an archeological study that was going to be done in Ft. Mellon Park, because several artifacts and other evidence of archeological items have been discovered in areas of Florida not far from Sanford. Ms. Snow presented each Commissioner with a small "gift" for the holidays. E718672 MINUTES' City Commission, Sanford, Florida 7:00 P.M. REGULAR.MEETING 223 December 27 19 99 Minutes. Commissioner McClanahan moved to approve the minutes of the City Commission December 13, 1999 Work Session and Regular Meeting. Seconded by Commissioner Lessard and carried by vote of the CommisSion as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Second readine and adoption of Ordinance No. 3524 to annex 5+ acres of property lying between SR 46 and Northstar Court extended westerlv and Creek Road and Upsala Road. Westlake Professional Center Parmers LC, Wayne L. Carse, Trustee, and Southern Bell Telephone & Telegraph Co., owners. Ad published December 16 and 23, 1999. Ordinance No. 3524 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3524. Shane Murray, 1399 W. State Road 434, Longwood, FL, reported he was present to request the Commission to adopt Ordinances to annex and rezone the property, and to answer any questions. Commissioner Lessard moved to adopt Ordinance No. 3524, entitled: AN ORDINANCE OF ~ CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND NORTHSTAR COURT EXTENDED WESTERLY AND BETWEEN CREEK ROAD AND UPSALA ROAD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; 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 Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Second readinff and adoption of Ordinance No. 3525 to rezone 5+ acres of property iyin~ between SR 46 and Northstar Court extended westerly and Creek Road and Upsala Road from PCD. Planned Commercial Development and AG, Al~ricultural to PD. Planned Development. Ad published December 16, 1999. Ordinance No. 3525 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance no. 3525. No one appeared. Mayor Dale acknowledged Mr. Murray's previous comments also apply to this ordinance. Commissioner Willjams moved to adopt Ordinance No. 3525, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND NORTHSTAR COURT EXTENDED WESTERLY AND BETWEEN CREEK ROAD AND UPSALA ROAD, FROM PCD, PLANNED COMMERCIAL DEVELOPMENT AND A-l, AGRICULTURE TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Ave 224 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING December 27 19-- 99 Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First reading of Ordinance No. 3526 to annex a portion of that certain property lying between Country Club Road and CR 46A and between W. Airport Boulevard and Bevier Avenue extended southerly (2727 Country Club Road). Family Worship Center, owner. Ordinance No. 3526 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3526, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND COUNTY ROAD 46A AND BETWEEN W. AIRPORT BOULEVARD AND BEVIER AVENUE EXTENDED SOU71qERLY; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Rescue Church of God Right-of-Way Use Agreement. City Manager VanDerworp distributed to the Commission a copy of a letter he received by fax from Ralph Paul Douglas, an attorney who represents the Rescue Church of God. He reported he had met with Attorney Douglas and Assistant City Attorney Bill Reischmann on December 21, 1999 and at that time was informed he would be presented with a proposal by the Church with respect to dealing with this issue. The City Manager further reported that the letter reflects the discussions of the meeting, that the Church's attorney feels they can win a Summary Judgement with respect to the case, and then the City would be out of the case. The Church would pay the estimated $750.00 in additional attorneys fees to the City Attorney for monitoring the deposition of Mrs. Jones and attendance at the hearing on a motion for Summary Judgement. The amount already expended by the City, approximately $3,000, was not addressed in the letter, but in a phone conversation Attorney Douglas reported that the Church was not in a position to make an offer to pay the $3,000 to the City, but that issue has not been discussed by Attorney Douglas with the Church. City Manager VanDerworp reported a letter has been received from the Church stating, rather than rescind the Church's right-of-way use agreement, the Church would like to proceed with a Request for Summary Judgement and pay for any fees the City would expend in that effort. Commissioner Williams moved to request an answer from the Church by January 10 regarding what the Church will or won't do regarding the City's request for payment of funds expended by the City. If they do not respond by January 10, 2000, then the City will make a decision. Seconded by Commissioner McClanahan. The motion failed to pass upon roll call vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Nay Commissioner Willjams Aye Commissioner Lessard Nay Commissioner McClanahan Aye Mayor Dale passed the gavel to Commissioner Eckstein and moved that the City request the Church to indemnify the City, and pay the City for all past and future funds expended in this case, and if they do not the right-of-way use agreement will be rescinded at the January 10, 2000 Commission meeting. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REUGULAR MEETING 225 December 2719 99 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Seminole High School sign construction. On recommendation of the City Manager, Commissioner McClanahan moved to authorize a dimensional and location waiver. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Eckstein moved to authorize to fund 50% of the estimated $12,000.00 cost as the City' s share ($5,022.00), up to $6,000.00. 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 McClanahan Aye Home Energy Assistance Program. City Manager VanDerworp reported if the LIHEAP program goes to an alternate provider it would have to go through an RFP type process through the State, and there is the issue of what to do with the existing Staff that administers the LII-IEAP program. One option is to retain staff with general fund support relative 40% of the Contracts Coordinator's salary and 100% of the Outreach Specialist's salary. Commissioner McClanahan moved to continue the LIHEAP program as it exists now. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Resolution No. 1830 to authorize the City Manager to 'execute the 2000/200,1 LIHEAP program agreement. Resolution No. 1830 was read by title. Commissioner McClanahan moved to adopt Resolution No. 1830, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CITY MANAGER OF THE CITY OF SANFORD, FLORIDA, TO EXECUTE THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FISCAL YEAR 2000/01. 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 McClanahan Aye 226 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING December 27 19-- 99 Termination of Roll-off and compactor service franchise with Waste Manal~ement Inc. of Florida. and open services for competition until December 31. 2001. City Manager VanDerworp reported the City has two options, open the franchise to competition until December 31, 2001, when the FRS agreement will allow them to take over this service; or authorize FRS to have an exclusive on this service right now. Opening up for competition allows the execution of a franchise agreement with whomever wishes to provide the service, and the City would still receive the 50% franchise fee. He feels the total revenues received by the City under this option would be reduced from the approximately $98,000 it is receiving now, because more than one prorider would have to be tracked, and also the price to the consumer would go down due to the competition, so the revenues would go down. The loss of revenues could be as much as 50%. Giving FRS the exclusive franchise now would reduce staff administration time and would result in the City receiving the same amount of revenues they are currently receiving. The City Manager's recommendation is to open the franchise for competition until December 31, 2001, due to all of the building and development that is in progress in Sanford, and the competition would reduce the cost of new development, which would be an economic development benefit to new businesses in terms of coming into Sanford and working in Sanford, and that would increase Sanford's tax base. George Geletko, 507 Lake Victoria Circle, Melbourne, of Waste Management, reported his company spent twenty years developing this market, prior to June of 1991 when the City took on the business, and they provided a good service at a very competitive price and did a good job. Through that process Waste Management established 70% of the market in Sanford, and they would like to continue that service. Sid Vihlen, Jr., 204 N. Park Avenue, representing Florida Recycling Services, Inc. (FRS), reported they have just bought the central Florida operations of BFI, which ranked second during the privatization process of the City' s Solid Waste division. There is now a consolidation of the two companies (FRS and BFI) in central Florida, and the management staff of BFI in central Florida stayed with FRS. They have 145 local trucks and 270 employees, more than 25 who reside within the City of Sanford, as well as three members of the management staff Also, there are ongoing negotiations to purchase a major facility for the roll-off can and general dumpster shop which includes renovations. There is a property in Sanford that he would like to purchase and bring this new industry to Sanford with a lot of well-paid employees. They would like to be in operation by the end of February, 2000~ or the beginning of March, 2000. He further reported that FRS is to take over the construction and demolition debris operation for the City in 2001. This means there is a short period of time between one exclusive franchise and another exclusive franchise, and the City will have increased administrative duties to include licensing, following insurance, the increased liability for all of the companies, and monitoring the revenues to protect the City's franchise fees. This could be an administrative nightmare to track income and revenue. Liability is a major factor in dealing with contracts where there are moving trucks and related dangerous equipment of multiple contractors.- Jay Gunlet reported there could be six to ten contractors that could come forward and want the roll-off business in Sanford. Mr. Vihlen reported that he believes the costs to the citizens and the construction community would increase if the City opened the franchise for competition, because the bids were rendered in a competitive bid process. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING December 227 27 19. 99 Commissioner McClanahan moved to terminate the existing franchise with Waste Management Inc. of Florida, and give the exclusive franchise to FRS immediately. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Board appointments/reappointments. Historic Preservation Board. City Clerk Janet Dougherty reported Ms. Sica Nacu resigned from the Board effective November 11, 1999. Commissioner Lessard moved to accept Sica Nacu's resignation. 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 McClanahan Aye Commissioner Williams moved to appoint Barbara Knowles to replace Sica Nacu. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Nuisance Abatement Board. City Clerk Janet Dougherty reported there is a vacancy on the Board due to the resignation of Sue Walther. No action was taken on this board. Scenic Improvement Board. City Clerk Janet Dougherty reported the terms of Catherine E. Bosserr, J. Manuel Acevedo and Betty Akers expire on January 31, 2000. Commissioner Lessard moved to reappoint Catherine E. Bossert, J. Manuel Acevedo and Betty Akers. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner L~ssard Aye CommissionerMcClanahan Aye Consent Agenda. Commissioner Lessard moved as follows: Accept bid for Precast Concrete Manholes from Taylor Precast, lowest bidder, for Bid #99/00-02, in the amount of $10,692. Acknowledge payments made during November, 1999. Approve revised McCracken ROad Water Facilitation Agreement. Approve employment agreement with Tony Ackerson for the position of Pool Supervisor of the Sanford Pool and Aquatic Complex. Authorize execution of amendment to agreement with GEI Consultants, Inc., increasing the amount of the contract for Remedial Investigation and a Draft Feasibility Study for Operable Unit 1 by $25,000.00. 228 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING December 27 19-- 99 Approve street closure of Lake Avenue from 20th Street to 23rd Street from 3:00 P.M. December 31, 1999 to 2:00 A.M. January 1, 2000, in conjunction with a New Years Eve Party special event. 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 CommissionerMcClanahan Aye Adopt Resolution No. 1829 re: approve and authorize execution of a Utility Relocation Agreement. City Manager VanDerworp reported Seminole County has requested that available FDOT funds be utilized to widen Sanford Avenue from Airport Boulevard to Lemon Street, necessitating the relocation of the City' s existing water and sewer force mains. The FDOT requires that all affected utilities within the limits of their projects sign a Utility Relocation Agreement and execute a resolution to that end. On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1829 to approve and authorize execution of a Utility Relocation Agreement. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Information Only. Mayor-Commissioner Dale Commissioner Eckstein Commissioner Williams Commissioner Lessard Commissioner McClanahan Aye ,:~r: ::; Aye Aye .. :' Aye Aye .: City Manager VanDerworp reported the Commission had received a five-year history 0fFinal Gross Taxable Values for the City and Final Increment Values for CRA's, and he would answer any questions regarding the information. ·, : City Attorney's Report. -.,. .:; No report. City Clerk's Report. Janet Dougherty, City Clerk, confirmed each member of the Commission received Notice of the January 3, 2000 executive session scheduled at 3:00 p.m. The notice was included in the Commission's agenda packets. City Manaffer's Report. City Manager VanDerworp reported each Commissioner had received a copy of the Verified Complaint and proposed lawsuit regarding Jean Metts' restaurant. Under Chapter 163 of Florida Statutes the process is that any substantially affected party, prior to filing a law suit, must put the local government on notice that they will be filing the lawsuit. The City has 30 days to respond to the complaint and determine if it wants to settle the complaint. This willq~ei discussed at the January 10, 2000 Commission meeting. The City Manager reported a revised emergency phone list will be distributed this week. The City is prepared for Y2K including having standby personnel, double shifts at the police department, and if communications are interrupted, Fire Station No. 1 will be handling emergency commtmications via VHF, and ham radio if necessary. The City Manager reported the City's Finance Director recently became a Certified Government Finance Officer through an arduous certification and exam process. Also, Lloyd Strine, Facilities Maintenance Superintendent; Wayne Beatty, Fleet Maintenance Superintendent; JoAnn Legge, Solid Waste Coordinator; Chuck Hargrove, Support E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING December 229 27 19-- 99 Services Coordinator; and Wilma Fydenkeviz (Shine), Road Superintendent completed Advanced Supervisory Training at Rollins College. The City Manager presented presents to each Commissioner from the Department Directors and Staff. City Commissioners' Reports. Commissioner Eckstein - moved to reconsider the street tonight. Seconded by Commissioner Lessard and carried by vote of the Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye closure which was approved in the consent agenda Commission as follows: Commissioner Eckstein moved to deny the street closure. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Williams - Reported in the year 2000 she would like the Commission to reach a consensus and agreement on naming a street in honor of Dr. Martin Luther King. Commissioner Lessard - No report. Commissioner McClanahan - No report. Mayor Dale - No report. There being no further business, the meeting was adjourned. Attest: mr 3. Seminole High School sign construction. Recommended by the Director of Engineering and Planning and the City Manager. A. Authorize to fund 50% of the estimated $12,000.00 cost as the City's share ($6,000.00:1:). B. Authorize dimensional and location waiver. 4. Direction regarding options for Home Energy Assistance Pro2ram. 5. Authorize termination of Roll-off and compactor service franchise with Waste Management Inc. of Florida, and open services for competition until December 31, 2001. Recommended by the Director of Public Works and the City Manager. 6. Boards: appointments/reappointments. A. Historic Preservation Board. Ms. Sica Nacu resigned from the Board effective November 11,1999. NEED TO ACCEPT RESIGNATION AND APPOINT REPLACEMENT. Application on file from Chris Giza, Barbara Knowles, and Ronald C. Tracey. B. Nuisance Abatement Board. There is a vacancy on the Board due to the resignation of Sue Walther. NEED TO APPOINT REPLACEMENT. Application on file from Carol L. Ward. C. Scenic Improvement Board. The terms of Catherine E. Bossert, J. Manuel Acevedo and Betty Akers expire on January 31, 2000. All wish to be reappointed. NEED TO REAPPOINTI APPOINT REPLACEMENTS. Consent A2enda. 1. Accept bid for Precast Concrete Manholes from Taylor Precast, lowest bidder, for Bid #99/00-02, in the amount of$1O,692.00. Recommended by the City Manager. 2. Acknowled2e payments made during November, 1999. Recommended by the City Manager. 3. (Item removed). 4. Approve revised McCracken Road Water Facilitation A2reement. Recommended by the City Manager. Revised 12/27/993:00 p.m. 5. Approve employment a~reement with Tony Ackerson for the position of Pool Supervisor of the Sanford Pool and Aquatic Complex. Recommended by the City Manager. Removed from 12/13/99 Consent Agenda. 6. Authorize execution of amendment to agreement with GEl Consultants, Inc., increasing the amount of the contract for Remedial Investigation and a Draft Feasibility Study for Operable Unit I by $25,000.00. Recommended by the City Manager. 7. Approve street closure of Lake Avenue from 20th Street to 23rd Street on December 31, 1999 at 3:00 P.M. to January 1,2000 at 2:00 A.M., in conjunction with New Years Eve Party special event. Recommended by the City Manager. Add-on items. A. Adopt Resolution No. 1829 re: Approve and authorize execution of a Utility Relocation A2reement with FDOT for relocation of water and sewer force mains due to the widening of Sanford Avenue between Airport Blvd. and Lemon Street. Recommended by the Utility Director and the City Manager. Information only. A. Five Year History -- Final Taxable Values. City Attorney's Report. City Clerk's Report. City Manat;:er's Report. 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 HUMAN RESOURCES OFFICE ADA COORDINA TOR AT 330-5626 48 HOURS IN ADVANCE OF THE MEETING. AGENDA Revised 12/27/993:00 p.m. Sanford City Commission Meeting Monday, December 27, 1999 Sanford City Hall, 300 North Park Avenue Sanford, Florida ****************************************************************************** REGULAR MEETING 7:00 P.M., City Commission Chambers, First Floor Presentations: 1. Annual Corporate Award. Mayor presented to Briar Corporation, Mike Good. 2. Employee of the Month Award for December, 1999. Mayor Dale announced Stacy Livingston, recipient, was not present, and the award will be presented at a later date. Citizen participation. Mayor...... . TV.......... Jay.......... 1. Philip Cowherd requested approval for the City Attorney to review a Friend ofthe Court Brief regarding an Orlando soup kitchen, and approval for the city to execute the brief, and submitted a letter regarding same. He reported there is no liability to the city. Further, if they lose the appeal, the case will be used as a precedent. The Commission voted to take no action. 2. Nell Snow, 176 Woodridge Trail, reported Casselberry approved a tax break for low income senior citizens and asked if Sanford is going to do the same. Mayor Dale reported that during the first quarter of the year he will bring figures to the Commission showing what that would do to our budget. Ms. Snow reiterated her previous request for the city to erect a statue in Fort Mellon Park in honor of those who served in WWII. She suggested their names be engraved on the statue. Ms. Snow reported a~UdY was going to be done on Fort Mellon Park and requested the city proceed with it. Approval of minutes ofthe City Commission December 13, 1999 Work Session; and December 13, 1999 Regular Meeting. Recommended by City Clerk and City Manager. Cynthia...... Approved. Public Hearin2s. I. RE: 5+ acres of property lying between SR 46 and Northstar Court extended westerly and Creek Road and Upsala Road. Westlake Professional Center Partners LC, Wayne L. Carse, Trustee, and Southern Bell Telephone & Telegraph Co., owners. A. Second readin2 and adoption of Ordinance No. 3524 to annex the property. Recommended by the City Manager. Ad published December 16 & 23, 1999. Cynthia....... Adopted. B. Second readin2 and adoption of Ordinance No. 3525 to rezone the property from PCD, Planned Commercial Development and AG, Agricultural to PD, Planned Development. Recommended by the City Manager. Ad published December 16, 1999. Cynthia...... Adopted. Re2ular Items. 1. First readin2 of Ordinance No. 3526 to annex a portion of that certain property lying between Country Club Road and CR 46A and between W. Airport Boulevard and Bevier Avenue extended southerly (2727 Country Club Road). Family Worship Center, owner. Recommended by the Plans Review Committee, the Director of Engineering & Planning, and the City Manager. Cynthia & l-lORM...... Passed 1st reading. TV...... Jay...... 2. Discussion re: Rescue Church of God Ri2ht-of-Way Use A2reement. Report by the City Manager. Letter submitted from Ralph Paul Douglas, Church's Attorney, committing to pay up to $750 in attorneys fees for the City Attorney to monitor the deposition of Mrs. Jones and to attend the hearing on a motion for Summary Judgement, and the church will proceed with the deposition and Motion for Summary Judgment to end the litigation for the City. Further, requesting the City forego the enforcement of the Right-of-Way Use Agreement at least until the Summary Judgment hearing, or until the next Commission meeting. Authorized letter to Church, requiring payment of all accumulated costs and to indemnifY the city for future costs by January 10,2000; and if these are not done by January 10, the City Commission will rescind the Right-of-Way Use Agreement. 3. Seminole High School sign construction. Recommended by the Director of Engineering and Planning and the City Manager. A. Authorize to fund 50% of the estimated $12,000.00 cost as the City's share ($6,000.00:1:). Authorized fund up to $6,000.00. B. Authorize dimensional and location waiver. Jay...... 4. Jan& Charles..... . Jan...... 5. Jerry..... 6. Markae..... 1-1O-00RM..... Markae..... Consent Agenda. 1. Paul & Vicki........ 2. Donna..... 3. Authorized. Direction regarding options for Home Energy Assistance Program. Authorized. Adopted Resolution No. 1830, authorizing City Manager to execute documents. Authorize termination of Roll-off and compactor service franchise with Waste Management Inc. of Florida, and open services for competition until December 31, 2001. Recommended by the Director of Public Works and the City Manager. Authorized termination & authorized to contract with FRS beginning now. Boards: appointments/reappointments. A. Historic Preservation Board. Ms. Sica Nacu resigned from the Board effective November 11,1999. NEED TO ACCEPT RESIGNATION AND APPOINT REPLACEMENT. Application on file from Chris Giza, Barbara Knowles, and Ronald C. Tracey. Accepted resignation; appointed Barbara Knowles. B. Nuisance Abatement Board. There is a vacancy on the Board due to the resignation of Sue Walther. NEED TO APPOINT REPLACEMENT. Application on file from Carol L. Ward. No action. C. Scenic Improvement Board. The terms of Catherine E. Bossert, J. Manuel Acevedo and Betty Akers expire on January 31, 2000. All wish to be reappointed. NEED TO REAPPOINT/APPOINT REPLACEMENTS. Reappointed 3. Accept bid for Precast Concrete Manholes from Taylor Precast, lowest bidder, for Bid #99/00-02, in the amount of$IO,692.00. Recommended by the City Manager. Accepted. Acknowledge payments made during November, 1999. Recommended by the City Manager. Acknowledged. (Item removed). Paul... .. Mike.... Jerry..... Mike..... Add-on items. Jan& Paul.... . 4. Approve revised McCracken Road Water Facilitation A~reement. Recommended by the City Manager. Approved. Revised 12/27/993:00 p.m. 5. Approve employment agreement with Tony Ackerson for the position of Pool Supervisor of the Sanford Pool and Aquatic Complex. Recommended by the City Manager. Removed from 12/13/99 Consent Agenda. Approved. 6. Authorize execution of amendment to agreement with GEl Consultants, Inc., increasing the amount of the contract for Remedial Investigation and a Draft Feasibility Study for Operable Unit 1 by $25,000.00. Recommended by the City Manager. Authorized. 7. Approve street closure of Lake Avenue from 20th Street to 23rd Street on December 31, 1999 at 3:00 P.M. to January 1,2000 at 2:00 AM., in conjunction with New Years Eve Party special event. Recommended by the City Manager. Denied. A Adopt Resolution No. 1829 re: Approve and authorize execution of a Utility Relocation A~reement with FDOT for relocation of water and sewer force mains due to the widening of Sanford Avenue between Airport Blvd. and Lemon Street. Recommended by the Utility Director and the City Manager. Adopted. Information only. A Five Year History -- Final Taxable Values. City Manager noted. City Attorney's Report. None given. City Clerk's Report. Confirmed Mayor and Commissioners received notice of January 3, 2000 Executive Session. City Mana~er's Report. 1. Reported receipt of Verified Complaint regarding Commission's actions to approve a dimensional variance at 407 W. 4th Street, and that Staff s request for direction regarding response will be listed on the January 10,2000 agenda. 2. Briefly discussed the emergency phone list and Y2K activities. 3. Reported Donna Watt passed the Certified Government Finance Officer's Exam. 4. Reported 5 employees completed a Rollins College Management course. City Commissioners' Reports. None given. 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 MA Y 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 COORDINA TOR AT 330-5626 48 HOURS IN ADVANCE OF THE MEETING.