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032398 ws/rm min.E718672 MINUTES City Commission, Sanford, Florida 3:30 WORK SEESTOhl March 23 141 19.98 The City Commission of the City of Sanford, Florida met in Work Session on Monday, March 23, 1998, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Kerry D. Lyons City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Calvary Temple of Praise Church, Inc. Reverend Paul Wright, Calvary Temple of Praise Church, Inc., spoke in behalf of the Church and presented documentation as to why their property should be annexed into the City. Reverend Wright explained that their main reason for wanting to be annexed was to improve their facility to better serve the youth and men of Sanford, and improve their programs. Sanford Main Street Quarterly Report. Jennifer Singeisen and Michael Skat presented the Quarterly Report on Main Street. Ms. Singeisen distributed copies of the goals and objectives set by Main Street for 1998. Ms. Singeisen explained that Main Street would like to update the building inventory of the downtown area as part of their economic restructuring efforts. They will tour vacant buildings and make recommendations to property owners as to how to make the building leasable. They also will update their market analysis, including the historic residential district. The Design Committee will continue to pursue Facade Improvement Grants, and they will attempt to work with City Boards to get their input on streetscape guidelines. The Promotion Committee will continue holding image enhancement events such as the July 4th Celebration, Heritage Days and the Winterlest Parade. Main Street is planning two fundraising events: An Evening of Flappers, Gangsters & All That Jazz and the Taste of Sanford. They will continue to promote membership among the business owners and citizens of Sanford and recruit volunteers for events and committee projects. Michael Skat reported that Main Street has done some restructuring of their Administrative Staff and now there is an administrator working on, and being held responsible for, each of the committees. He also expressed the need for promotion of a Lakefront project to enhance the downtown area. Sanford Gasifieation Plant Site Participation Agreement and Administrative Order on Consent. Tom Maurer, Foley & Lardner and Donna McIntosh, Assistant City Attorney, spoke on the Site Participation Agreement. Mr. Maurer gave a brief history of the Gasi~cation Plant and an overview of the Comprehensive Environmental Compensation and Liability Act. [Mayor Dale passed the gavel to Commissioner Eckstein and left the meeting during the history briefing.] He reported the Site Participation Agreement being negotiated by the City will only cover the first $1.5 million that will be spent at the site for clean-up. There is no way to know how much the final cost will be. Mr. Maurer explained that the Administrative Order on Consent was negotiated with the EPA, and is an agreement between the five responsible parties and EPA to do a Remedial Investigation/Feasibility Study (RIFS), which is necessary to protect public health and the environment and to recommend appropriate clean-up. This does not include the 142 E718672 MINUTES City Commission, Sanford, Florida 3:30 WORK SESSION March 23 1998 actual clean-up of the site, that would have to be another agreement. In this agreement the five parties are agreeing to do the work and submit all plans and reports to EPA, and then EPA gets to approve them. There is not an effective dispute resolution in the agreement if EPA does not approve those plans and reports. EPA will not change this provision in the agreement. Also, EPA has the authority to ask each of the five parties to pay the cost the EPA has already expended on this site, which is $429,73 1.23. This figure seems high, not that they haven't spent that much, but it was not well spent and they were repeating studies that had already been done. There were two provisions in the agreement that Mr. Maurer and Ms. McIntosh were successful in changing and those were that the EPA would not find against the City's officers or Commissioners, only the City and its successors and assigns, and also they negotiated that the City would not indemnify the United States Government or the EPA in any claims brought against them. Two more minor changes will be made before the agreement is signed regarding public records and confidentiality. Mr. Maurer reported as bad as the agreement is, it is better than the alternative, which is for the EPA to do the work for two or three times more money, and then the City would have to repay them whatever a court would determine the City's share would be. [Mayor Dale returned to the meeting and took back the gavel during discussion of the agreements.] Ms. McIntosh distributed information on the percentage each of the Agreement parties would be responsible for paying. The City's share is 12.5% of the original $1.5 million. She prefers the Commissioners each read all the material provided and possibly consider authorization to sign the agreement at their April 13, 1998 meeting. Employee Service Award Program. City Manager Simmons reported Tim McCauley, Human Resources Director, set up a committee of employees to review the City's current Service Award Program. The committee recommended giving cash awards and Certificates of Service in 5 year increments, and a watch or ring after retirement. After discussion the Commission concurred to make no change at this time except to consider recognition only at 10, 20 and 30 years of service. Expansion of municipal cemetery. Howard Jeffries, Parks and Grounds Maintenance Coordinator, reported the Cemetery Advisory Committee met on February 25, 1998 to discuss the City's need for additional cemetery property. There are only 200 spaces available in the cemetery, enough for about the next two years. The Committee recommended that the Crawford property, which was purchased in 1991 for future expansion, be developed into cemetery property. This would add 1,840 additional spaces. The Committee also recommended that the ditch in Section E be filled in to provide additional cemetery spaces and that the Hovnanian Park site be set aside for future cemetery expansion. It was also recommended by the Committee that the City discontinue providing free veteran spaces as this service is now provided by Bushnell Veteran Cemetery. Mr. Jeffries reported there is about $300,000.00 set aside from the sale of lots for future expansion, and it is not used for maintenance. The Commission concurred that the City should get out of the cemetery business. At this time the cemetery is costing the City about $40,000.00 a year for maintenance. City Manager Simmons reported the cost of converting the Crawford land to cemetery use would be minimal. After discussion the Commission concurred to get a cost estimate of converting the two pieces of land contiguous with the cemetery, and then investing the money set aside for future expansion, as well as the money from the sale of lots, for perpetual maintenance of the cemetery. When all the available lots are sold, no more expansion would occur, just perpetual maintenance. A definite decision will be made E718672 MINUTES City Commission, Sanford, Florida 3:30 WORK SESSION 143 March 231998 when the Commission has more detail on the costs of converting the existing available land. The Commission decided not to fill in the ditch in Section E. House Fire of Police Officer. Mayor Dale reported that one of the City's police officers lost his house and all of his possessions in a house fire this morning. ChiefDillard reported that a fund has been set up for the policeman's family, and a bulletin went out state wide. Historic Sanford Memorial Stadium contracts. City Manager Simmons reported the Commission will consider two contracts tonight regarding the Historic Sanford Memorial Stadium. The contract with the Central Florida Sports Authority is a standard member contract which directs the Authority with respect to specific performance regarding the Historic Sanford Memorial Stadium This contract offers to the City of Sanford a full partnership with all rights and privileges, for a period of three years, with termination opportunities, as well as an out option after year one. Randy Johnson, President/CEO of Central Florida Sports Authority, encouraged the Commissioners to approve this contract for the good of Sanford and all of Seminole County. The Authority is recommending a contract with Ray Scott as the Architect for the renovation. Mr. Johnson provided a Business Plan for the Stadium project. City Manager Simmons reported there are two phases to the architect's contract; the design, which will be approximately $87,000.00, and the construction oversight which is approximately $25,000.00. The City has already been provided with conceptual sketches David Thomas, with the Scott Parmership, reported that the $87,000.00 figure includes consulting fees for consultants who put together documents and scope specs for a contractor to remove the lead based paint according to governmental regulations, and for monitoring during that removal. These contracts will be voted on in tonight's meeting. General Employees Pension Plan "Board of Trustees". City Manager Simmons reported the City has had a new retirement system for about two years and now needs to create a pension oversight board, just like it did for the Fire and Police. Donna Watt, Finance Director, reported this is a ten year vesting progum so the City will not have any retirement issues for another 7 ½ years, however there are some other administrative duties that need oversight. Ordinance No. 3279 provides for the establishment of the Pension Plan and the establishment of a Board of Trustees to administer the plan. The Board of Trustees is to be comprised of two legal residents of the City who shall be appointed by the City Commission, two members of the plan to be elected by vote of all actively employed members of the plan and a fifth member shall be the Personnel Director to be appointed by the City Commission as a "ministerial duty". There was discussion as to why the Mayor was not recommended to be on the Board, as he is on the Fire and Police Pension Boards, and why the Personnel Director is not on the Police and Fire Pension Boards. Also, the Commission felt that the Finance Department had more expertise and responsibility than any other department. The Commission concurred to have Staff review the existing Ordinance and bring a recommendation back to the Commission. 144 E718672 City MINUTES Commission, Sanford, Florida 3:30 WORK SESSION March 23 19-- 98 Draft Permitting and Procedures Manual for Land Development Activities: Refocus for the Plans Review Committee: and Recodification of the Department of Engineering and Planning. City Manager Simmons reported the Engineering Department has submitted a draft of a Procedures Manual that is still undergoing Staff review. Jay Marder, Director of Planning and Development, reported the Engineering Department wanted to document the detailed process of developments, and have a tool to review the processes now being used. The Mayor reported this manual should make it easier for the public to understand and follow the rules. He reported the Administrative Appeal process bogs down the Commission when the public can appeal a decision of a City official. Mr. Marder would like for Staff to look at this Manual for about six months and then get as much input as possible from other Department Heads as to additions or corrections. He would like to provide the various flow charts to the public for specific applications, etc. Each Commissioner received a Manual. Mr. Marder reported the second issue he would like to present is refocus for the Plans Review Committee. This is a figurative change to change the Plans Review Committee to becoming a Development Review Team to assist the public with their plans and how to proceed with them. [Commissioner Eckstein briefly left the meeting, then returned, during discussion of the Plans Review Committee.] The third issue is Recodification of the Department of Engineering and Planning which is to assist the Commission in their Code Review process. This documents what the Department of Engineering and Planning is doing. This can be incorporated in the City Code. Commissioner Willjams reported all departments should have a Manual of their own departments procedures. City Manager Simmons reported the Public Works Department is working on one. Warren E. "Pete" Knowles Service Award. Mayor Dale nominated Mike Good for the Warren E. "Pete" Knowles Service Award and the Commission concurred. This award will be presented at the April 27, 1998 Regular Commission Meeting. Mayor Dale asked that, as in the past, it be kept a surprise for the recipient. Personnel needs at the Fire Department. Commissioner Lessard reported there are two major factors driving this request for additional fire personnel and that is the economic issues as far as overtime being paid, and the safety issues of understaffing. ChiefHickson reported the activity level of the Fire Department has increased from 8 to 10 runs a day to 23 or 24 runs a day. This causes the firefighters to be more tired and more susceptible to sickness, which causes a lot of sick leave. Florida Statutes dictate that at every fire there has to be two firefighters inside and two outside, all of which need to be Certified Trained Firefighters. At this time the firefighters are non-union. ChiefHickson reported he has not hired any "live" personnel since 1991. City Manager Simmons reported the City is billing the public for medical transport, and there should be some funds available from transport to cover additional personnel. The Finance Department anticipates about $124,000.00 in receipts from transport in the first six months, which is slightly more than the anticipated cost of added personnel and equipment of $100,899.00 (excluding capital costs in the future). Commissioner Willjams reported that the Police Department secretary provides assistance for a number of people and is overwork~J:2hief~'s reque~ for a Clerk Typist has been refused. City Manager Simmons reported that all personne!($~l~ests wi~'l~e heard ~ ~he April 27, 1998 Commission Work Session. E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION 145 March 23 1998 The Commission concurred to have first reading, on April 13, 1998, of an Ordinance to add six firefighter positions to the Fire Department. There being no further business, the meeting was adjourned. Attest: mr 146 E718672 MINUTES City Commission, Sanford, Florida 7:00 REG. MEETING March 23 19,98 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, March 23, 1998, 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. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Citizen Participation. Brian Hudson, Assistant Pastor of Palmetto Avenue Baptist Church, 2626 Palmetto Avenue, invited the Commission to attend a special service of thanks to Public Servants this Sunday at 11:00 a.m. followed by a dinner for each one and their families, for a Public Service Appreciation Day. Commission meeting minutes. Commissioner Lessard moved to approve the minutes of the March 9, 1998 Work Session and the March 9, 1998 Regular Meeting. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearinE to consider second reading and adoption of Ordinance No. 3392. re: amendinl~ Land Development Regulations relatin~ to Multi-Jurisdictional Land Use with regard to permitting. locating. and sitin~ of Adult Entertainment Establishments and Sexually Oriented Businesses: enactinE as a Land Development regulation the provisions of an interlocal al~reement by and between the City and Seminole County, and providing that sites whereon adult entertainment establishments and sexually oriented businesses may be located in the City shall also be available County sites; providing that sites whereon adult entertainment establishments and sexually oriented businesses may be located in the County shall also be available City sites: providing that all such sites shall be joint sites: providin~ for the coordination of Comprehensive Plans and Land Development regulations. the purpose and intent of the Joint Planninl~ area, for Comprehensive Plannin~ and Land Development Reeulatory activities. for the use of Land for Adult Entertainment establishments and Sexually Oriented business. for the provision of infrastructure. for conflict resolution. for terms. for notice and other administrative matters and provisions and for codification. Ad published March 14, 1998. Mayor Dale reported the Seminole County Commission had grandfathered the existing establishments at its latest meeting and accomplished the contingency that the City had placed on the first reading of the Joint Planning Agreement. Lonnie Groot, Deputy County Attorney, reported that the County Commission enacted an Ordinance which provides the five existing adult establishments in the County the opportunity to grandfather. The existing establishments have 90 days from today to make an application to Frances Chandler, Acting County Planning & Development Director, saying they believe they meet all of the design standards set forth in that Ordinance. Ms. Chandler will file Certifications saying that they have met all the design stan4,~rds, if they in fact have met them, and then they will be grandfathered. If E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING March 147 23 1998 they do not accept the opportunity to be grandfathered they are amortized and have to relocate. Commissioner Lessard moved to adopt Ordinance No. 3392, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, RELATING TO MULTI- JURISDICTIONAL LAND USE WITH REGARD TO THE PERMITTING, LOCATING, AND SITING OF ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SANFORD, FLORIDA; ENACTING AS A CITY OF SANFORD LAND DEVELOPMENT REGULATION THE PROVISIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SANFORD AND SEMINOLE COUNTY; PROVIDING THAT SITES WHEREON ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES MAY BE LOCATED IN THE CITY SHALL ALSO BE AVAILABLE COUNTY SITES; PROVIDING THAT SITES WHEREON ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES MAY BE LOCATED IN THE COUNTY SHALL ALSO BE AVAILABLE CITY SITES; PROVIDING THAT ALL SUCH SITES SHALL BE JOINT SITES; PROVIDING FOR THE COORDINATION OF COMPREHENSIVE PLANS AND LAND DEVELOPMENT REGULATIONS; PROVIDING FOR THE PURPOSE AND INTENT OF THE JOINT PLANNING AREA; PROVIDING FOR COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATORY ACTIVITIES; PROVIDING FOR THE USE OF LAND FOR ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR THE PROVISION OF INFRASTRUCTURE; PROVIDING FOR CONFLICT RESOLUTION; PROVIDING FOR TERMS; PROVIDING FOR NOTICE AND OTHER ADMINISTRATIVE MATTERS AND PROVISIONS; PROVIDING FOR CODIFICATION; 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 Lyons Aye Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3392. No one appeared. Public hearing to consider second readin~ and adoption of Ordinance No. 3390. re: annexin~ a portion of the property lyintl between West 251h Street and Sarita Street and between Mohawk Avenue and Marshall Avenue (1025 W. 251h Street). Ad published March 12 and March 19, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3390. Jim Weinberg, representative for Peggy and David Johnson, reported Ms. Johnson is looking for a change of zoning to bring the zoning into compatibility.with the use and annex at the same time. She would like to continue to operate her beauty salon at this location. Commissioner Lyons moved to adopt Ordinance No. 3390, 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 WEST 25TH STREET AND SARITA STREET AND BETWEEN MOHAWK AVENUE AND MARSHALL AVENUE (1025 W. 25TH STREET); 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 Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearin~ to consider second readin~ and adoption of Ordinance No. 3393, re: amendin~ Classification and Pay Plan re: Fire Department. Ad published March 12, 1998. '148 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING March 23 1998 Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3393. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3393, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO PROVIDE AUTHORITY TO THE CITY MANAGER TO AMEND THE EXISTING "CLASSIFICATION & PAY PLAN" DOCUMENT WITHOUT THE NEED FOR FUTURE ORDINANCE(S) ONLY IN INSTANCES INVOLVING THE TRANSITION OF EXISTING "FIREFIGHTERfEMT/ ENGINEER" POSITIONS TO "FIREFIGHTER/PARAMEDIC" POSITIONS AS DISCUSSED DURING THE FY 97/98 BUDGET PROCESS PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE. 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 Nay Public hearine to consider the use of funds to be received under a U.S. Department of Justice Local Law Enforcement Block Grants Prol~ram. Ad published March 13, 1998. Mayor Dale reported the City Commission has not received the recommendations from the Local Law Enforcement Block Grants Advisory Board because the Board did not get a chance to meet prior to tonight's meeting. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, this issue. No one appeared. Commissioner Eckstein moved to table the Public Hearing. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First readinff of Ordinance No. 3396, re: rezoninff a portion of the property between Tradeport Drive extended westerly and Carfro Court extended westerly and between Park National Drive and Andrews Road from Affricultural (AG) to Medium Industrial (MI-2). Ad published February 18 & 27, 1998. City Manager Simmons reported that the City has not received a complete legal description from the applicant for the rezoning of this property. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3396. No one appeared. On recommendation of the City Manager, Commissioner Lyons moved to table Ordinance No. 3396, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORDA, AMENDING ORDINANCE NO. 3317 OF SAD CITY; SAD ORDINANCE BEING A ZONING PLAN; SAD AMENDMENT TO REZONE THAT CERTAIN PROPERTY LYING BETWEEN TRADEPORT DRIVE EXTENDED WESTERLY AND CARGO COURT EXTENDED WESTERLY AND BETWEEN PARK NATIONAL DRIVE AND ANDREWS ROAD, FROM AG (AGRICULTURAL) TO MI-2 (MEDIUM INDUSTRIAL); 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 Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING March 1.49 23 19-- 98 First reading of Ordinance No. 3397. re: rezoninle a portion of property between West 251h Street and Sarita Street and between Mohawk Avenue and Marshall Avenue (1025 W. 251h St.) from Multiple Family Residential (R-3, Seminole County Zoning Designation) to Restricted Commercial (RC-1). Ad published February 18 & 27, 1998. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3397. No one appeared. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3397, 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 WEST 25TH STREET AND SARITA STREET AND BETWEEN MOHAWK AVENUE AND MARSHALL AVENUE, FROM SEMINOLE COUNTY' S r-3 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-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request for Golf Course Lease Assignment. Mayor Dale reported the City has received a request from Seminole Club, Inc. for the City to consent to assignment of their City lease to United Golf Properties, Inc. Charles R. Harrison, a representative of Seminole Club, Inc. reported another representative of Seminole Club, Inc. had previously appeared before the Commission to request assignment of the lease. Seminole Club, Inc. had a Letter of Intent with United Golf Properties, Inc. to sell the assets of the Club and transfer the lease. Mr. Harrison reported that on the two occasions that the representative, Pete Knowles, appeared before the Commission there was no action taken. Mayor Dale clarified that Mr. Knowles only appeared before the Commission on one occasion and he appeared "off the floor". Mr. Knowles' request was not agendized and had not been Staffed. When Mr. Knowles did appear before the Commission it was the first time the Commission was made aware of any request from Seminole Club, Inc. Mr. Harrison reported that when Mr. Knowles appeared before the Commission on February 23, 1998 he requested that the City develop a Consent for Assignment of Lease to the other entity. Mr. Harrison further reported that the Letter of Intent time frame has expired by which they were to obtain assigmnent of the lease and his client's attempt to get an extension of that time frame has been unsuccessful. Mr. Harrison reported the Letter of Intent was developed in late December, 1997, and the Mayor reported that the Commission did not know it existed until February 23, 1998. Mr. Harrison could not say why it took so long for Seminole Club, Inc. to make the Commission aware of the existence of the Letter of Intent, but he did report that the outstanding issues of concern with the lease were being negotiated with Mr. Simmons. The Commission took no action. Twin Lakes Apartments Developer's Agreement. Dwight Saathoff, with the law firm of McGuire, Voorhes and Wells, a representative of the Developer, reported that the Developer has taken the City' s former Developer's Agreement and crat'ted it to be consistent with the discussion of the last Public Hearing and worked out some minor revisions with Mr. Simmons, Mr. Marder and Mr. Colbert. The Developer is present tonight to sign the Agreement. Mr. Saathoffreported that the latest Agreement only addresses East Twin Lake became that was their understanding of what was being discussed at the Public Hearing. Mayor Dale reported that the Twin Lakes are very delicate lakes, and his understandino was that the "Twin Lakes" was 150 MINUTES City Commission, Sanford, Florida 7: 00 P.M. REG. MEETING March 23 19 98 being discussed. Gloria Lockridge, of the law firm Akerman Senter~tt & Eidson at 255 South Orange Avenue, reported she, along with King Helie of the King Helie Planning Group, were representing the adjoining property owners, the Kastner family. Ms. Lockridge reported the Kastner's owned 84% of the west lake, and the developer owns only 5% of that lake. Their belief is that since the Developer's Agreement strictly prohibits access to the east lake, all of the potential boats will be forced onto the west lake (575 possible boat owners) which will overburden the lake and reduce the value of the property. They feel it would only be fair to preclude access to the developer of the west twin lake as well. Ms. Lockridge provided to the Commission a change to the Developer's Agreement for the Commission's consideration. Ms. Lockridge also reported that they feel the twenty-five foot set-back is not sufficient, and the parking encroaches on the set-back. They would like the set-back to be increased to 50 feet for the building set-back and a 25-foot landscaping buffer within the building set-back. Mr. Saathoff reported that tonight they are here to conclude what has been agreed upon after two Public Hearings. Mr. Saathoff reported the developer is willing to give up the use of the west lake, but would like the restriction conditioned on further restrictions of the property owners along that lake or adjacent to the lake. Mr. Saathoff reported that the set-back is 35 feet, not 25 feet, and all of the buildings that are planned are two story buildings, not three story buildings, as reported by Ms. Lockridge, and this provides an appropriate buffer; however, they are not ready to discuss a site plan at this time. Ms. Lockridge could not speak for her client as to restricting them from the lake, and did not think it was fair to ask the Kastners not to use the lake since they own the majority of the lake. Mr. Saathoff reported the developer is not against the Kastners using the lake, they just want some assurance that if the Kastner property is developed as multi- family they would not have an unfair advantage of lake access for their residents. On recommendation of the City Manager, Commissioner Williams moved to authorize the signing of the Developer' s Agreement for Twin Lakes restricting boat access to both the east and west twin lake by plat or separate instrument, and all other components as presented to Counsel and Staff. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Adoption of Ordinance No. 3357. re: amending the future Land use map of the Future Land Use Plan Element of the Comprehensive Plan. and changing the designation of a portion of property lying between Rinehart Road and CR 46A and between' Rinehart Road and Oregon Avenue South from Low Density Residential (LDR) and Medium Density Residential (MDR) to Medium Density Residential - 15 (MDR-15) and Resource Protection (RP). Commissioner Lyons moved to adopt Ordinance No. 3357, with the provisions that it become effective when the City has received a fully executed Developer's Agreement and when the state Land planning agency issues a final order determining the adopted amendment to be in compliance in accordance with § 163.3184(9), or when the Administration Commission issues a final order determ~thea~4am0hdment to be in compliance with § 163.3184(10) whichever occurs first, entitled:: E718~72 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING March 151 23 19 98 IN ORDINANCE OF TI~ CITY OF SA2qFORD, FLORE)A, Arv~NT)ING ORDIr4ANCE NO. 2065 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN; A~v~","NDING; TF~_, FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF A PORTION OF Tr~ PROPERTY LYING BETWEEN Rt2qEHART ROAD AND COD2qTY ROAD 46A AND BETWEEN R1NEHART ROAD AND OREGON AVENUE SOUTH FROM LOW DENSITY RESIDENTIAL (LDR) AND rvlEDK~vl DENSITY RESIDENTIAL (MDR) TO HIGH DENSITY RESIDENTIAL (HDR), MEDIUM DENSITY RESIDENTIAL - 15 (MDR-15) AND RESOURCE PROTECTION (RP); PROVIDING FOR SEVERAB~ITY, CONFLICTS AND EFFECTIVE ~' Seconded by Commissioner Wiiiiams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Williams Aye Comrnissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3385, re: annexing a portion of the property between West State Road 46 and Academy Avenue and between Persimmon Avenue and Airport Boulevard West. Calvary Temple of Praise Inc., o~mer. On'recotmnendation of the City Manager, Commissioner Williams moved on first reading of Ordinance No. 3385, 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 JEWETT LANE AND McCRACKEN ROAD AND BETWEEN PERSIMMON AVENUE AND WEST AIRPORT BOULEVARD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.0-44, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 Lyons Aye First reading of Ordinance No. 3394, re: annexing a portion of the property between East Airport BouLevard and East Lake Mary Boulevard and between Ohio Street and Mellonville Avenue (3435 Mellonville Avenue). Ronald and Melitta Driscoll, owners. On recommendation of the City Manager, Commissioner Lyons moved on first reading of Ordinance No. 3394, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAD ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN EAST AIRPORT BOULEVARD AND EAST LAKE MARY BOULEVARD AND BETWEEN OHIO STREET AND MELLONVILLE AVENUE (3435 MELLONVILLE AVENUE); 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 Lyons Aye 152 MINUTES City Commission, Sanford, Florida 7: 00 P.M. REG. MEETING March 23 19 98 First reading of Ordinance No. 3395. re: annexing a portion of the property between State Road 46 West and Coastline Road and between South White Cedar Road and Central Park Drive. David P. Lanier, Trustee. On recommendation of the City Manager, Commissioner Willjams moved on first reading of Ordinance No. 3395, 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 STATE ROAD 46 WEST AND WEST 5TH STREET AND BETWEEN AERO LANE AND SOUTH WHITE CEDAR ROAD; 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 Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Art Harris reported this property is directly across the street (east) from his brother~in-law's and nephew's property, and they asked him to appear before the Commission and request that when this property is developed it is properly drained. Mayor Dale assured him that at the time of development the Commission will address the drainage concerns, as well as all other concerns, before approving any development. First reading of Ordinance No. 3398. re: annexing a portion of the property lying between Dovetail Run and Pine Way and between Mellonville Avenue extended southerly and Sanford Avenue (4075 Sanford Ave.). Christopher and LaDonna Frank, owners. On recommendation of the City Manager, Commissioner Lyons moved on first reading of Ordinance No. 3398, 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 DOVETAIL RUN AND PINE WAY AND BETWEEN MELLONVILLE AVENUE EXTENDED SOUTHERLY AND SANFORD AVENUE (4075 SANFORD AVENUE); IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICT S AND EFFECTIVE DATE. 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 Lyons Aye Recommendations from Planning and Zoning Commission Meeting of March 5. 1998. Mayor Dale reported these were informational items only, and no action was taken by the Commission. Board appointments. A. Central Examining Board. Mayor Dale reported the terms of Andrew Adcock, E. C. Harper and Emie Watson expire on April 25, 1998, and each would like to be re-appointed. Commissioner Eckstein moved to re- appoint Andrew Adcock, E. C. Harper and Emie Watson to the Central Examining Board. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 153 March 23 1998 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye B. Scenic Improvement Board. Mayor Dale reported that Tim Donahoe has resigned from the Scenic Improvement Board and the Board has recommended J. Manuel Acevedo to fill the vacancy. Commissioner Lessard moved to appoint J. Manuel Acevedo to the Scenic Improvement Board. 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 C. Seminole County Expressway Authority. Mayor Dale reported that Councilman Tom Hagood, Jr. 's term has expired and CALNO has recommended that he be reappointed as a member. Commissioner Lessard moved to endorse the reappoint of Councilman Tom Hagood, Jr. to the Seminole County Expressway Authority. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Consent a!~enda. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager Simmons reported Mr. Neal Wieder of the Kiwanis has withdrawn Item D, request from Kiwanis for street closures in conjunction with a special event. On recommendation of the City Manager, Commissioner Lessard moved to withdraw said request from the Consent Agenda. 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 Commissioner Lessard moved to: A. (1) (2) (3) Accept only bid which met specifications for Bid Number IFB 97/98-46, Athletic Officials, from Trawick Officials Association, in total amount of $25.00 per game (approximately 85 games) for Babe Ruth Bambino League, $27.00 per game (approximately 85 games) for Babe Ruth Junior League, $32.00 per game (approximately 34 games) for Babe Ruth Senior League, $20.00 per game (approximately 60 games) for Pee Wee League, for Umpires. Tournaments have not been included in these estimates. Accept only bid which met specifications for Bid Number IFB97/98-43, Pipe Pusher/Puller Machine, from Dixie Pow-R Mole, in total amount of $14,290.50. Accept lowest bid which met specifications for Bid Number IFB97/98-54, Tactical Batons, from Central Public Safety Equipment, in total amount of $5,549.90. 154 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING March 23 1998 B. Authorize payment of statements from: (1) Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A. for professional services for month of February, in total amount of $8,563.44. (2) Foley & Lardner for professional services re: City Coal 6asi~cation Plant, in total amount of $2,196.14. (3) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. for professional services 02/02/98 through 02/26/98, in amount of $1,373.80. C. Acknowledge twelve invoices in total amount of $110,928.34 from Conklin, Porter and Holmes Engineers, Inc. ($8,034.38, $940.09, $2,563.27, $332.38, $2,140.13, $14,632.57)Masci Construction, Inc. ($44,250.00), 6EI Consultants, Inc. ($690.00), Florida Environmental Assessments, Inc. ($22,245.00, $681.90), Wharton-Smith, Inc. ($13,218.62) and Pardue, Heid, Church, Smith & Waller, Inc. ($1,200.00) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 1990 and November 5, 1991. D. Approve contracts with O~ando Area Sports Commission and with Ray Scott Associates for Historic Sanford Memorial Stadium renovation. E. Approve request to expend LETF funds in the amount of $8,000.00 for fitness equipment for Crooms Academy. F. Approve Development Agreement with Sanford Industrial Park, Inc. for Silver Lakes Industrial Park. G. Approve contract amendment with Florida Environmental Assessments, Inc., not to exceed $83,898.00, for environmental remediation at the Sanford Police Department. H. Approve purchase of two Ferno MD 35A+ stretchers from Medic Master company at a total cost of $3,650.00, which includes a trade in allowance of two Ferno 29M stretchers. I. Approve agreement with Metro O~ando Amateur Softball Association to host the Men's Super Slow Pitch Champion Tournament of the Amateur Softball Association of America, Inc. at the Historic Sanford Memorial Stadium from August 13, 1998 to August 16, 1998. J. Authorize to make a formal offer to buy an 8.12+ acre parcel owned by a group of investors, which is required for Phase 3 of the Mill Creek Project. The parcel has been appraised by Pardue, Heid, Church, Smith & Waller, Inc. as a "stand alone parcel" with an estimated fair market value of $175,000.00, or as a part of a larger (50+ net usable acres) industrial parcel at a fair market value of $225,000.00. (If not purchased by City then City is to proceed with condemnation action in order to obtain ownership and facilitate completion of the Mill Creek Project.) Seconded by Commissioner Eckstein. Commissioner Williams reported she had requested at the last meeting that the request to expend LETF funds for fitness equipment for Crooms Academy be tabled. She reported she has talked with Dr. Blake at Crooms about liability to the City, and Dr. Blake indicated that the School System would be responsible for the students during the school day, but would not be responsible for anyone in the evenings or on weekends. Dr. Blake did indicate that the equipment company would be responsible for the liability for the people from the community who E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 155 March 23 1~8 participated. Commissioner Williams reported she would like to see something in writing from that company that would exempt the City from any liability. Also, she would like in writing, something that would stipulate the schedule and the use of the facility and the equipment by the community, because there have been some problems in the past with utilizing Crooms. She also was concemed who would own the equipment if it was ever removed from Crooms, and she would like something in writing that would reflect the use of the gym as opposed to just the weight lifting equipment. Commissioner Lessard moved to remove this item from the Consent Agenda. Seconded by Commissioner Eckstein 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 Mayor Dale asked to add Item K. to the Consent Agenda: consideration of emergency water service for property lying between W. 281h Street and Laurel Drive and between Park Avenue S. and Oak Avenue extended southerly (2804 S. Park Avenue). George M. and Suelien W. Tudor, owners. Commissioner Lyons moved to approve the Consent Agenda with the exception of the Kiwanis request and the LETF funds, and adding the emergency water request for 2804 S. Park Avenue. 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 Lyons Aye Commissioner Lyons moved to table fitness equipment for Crooms Academy, to give the the request to expend LETF funds in the amount of $8,000.00 for City Manager an opportunity to seek answers to some of the concerns expressed and work on an agreement between the Police Department and the School Board. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Attorney Colbert reported if there is an agreement it has to be between the City and the School Board. City Attorney's report. - No report. City Clerk's report. - No report. City Manager's report. A. City Manager Simmons reported the water level of Lake Monroe is down almost halfa foot, and they are still monitoring the level. Arrangements have been made for sand bags and automatic fillers if they are needed. B. City Manager Simmons reported he has received from Charles Rowe a request for modification to a DCA emergency repair contract which does not entail a dollar change in the overall grant. The Commission had no objection to the modification. C. City Manager Simmons reported the School Board has made application to the County for a CDBG Grant in the amount of $500,000.00 for funds for a swimming pool at Seminole High School. This application indicates 156 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING March 23 19-- 98 that the School Board and the City need to enter into an Interlocal Agreement to address the organization. In a previous proposed agreement the School Board would be the owner of the swimming pool, the City and the School Board would jointly fund the construction, and would jointly fund the operation and maintenance. Now the School Board is considering deeding the land in question to the City, having the City be the owner of the facilities, and having the School Board procure hours and pay for the hours of use, at a rate to be designed to help the City recapture the operations and The Interlocal Agreement needs to be in writing before the end of July to meet the CDBG guidelines maintenance costs. of the County. D. City Manager Simmons reported a pre-RFP conference for the Solid Waste was held on March 19, 1998 where the City Staff met with various haulers and got their input on the draft of the RFP and the contract. Jerry Herman is putting those comments in writing and will present it to the Commission at its next meeting along with a proposed RFP and contract to be advertised. Mr. Simmons further reported he had received a letter from R. W. Beck, a Solid Waste business consultant, who assists units of government in preparing bids where they are bidding against private haulers. He recommended to authorize retaining R. W. Beck, or a similar consultant, to assist the Solid Waste Division in preparation of a proposal. The Commission had no objection. E. City Manager Simmons reported the clearing at the Page Jackson Cemetery is going very well. F. City Manager Simmons reported regarding the temporary Rantoul Lane and the tie-in from Lake Mary through Dorchester and the traffic and signalization, that he has reviewed the proposed Developer's Agreement between Lake Mary and the Developer, and that it includes the responsibility for the Developer to share in the cost of a traffic signal at Dorchester when traffic warrants are met. G. City Manager Simmons reported the problems between the Historic Preservation Board and Time Square Bistro in regard to Magnolia Square and the types of chairs and tables being used. Mr. Simmons will be reviewing the tight-of-way agreement to see if it is appropriate to consider revoking the tight-of-way use permit. H. City Manager Simmons reported he has signed the documentation on the contract for the Willow Avenue Drainage Project which should be getting under way within the next two weeks, with a 90 day completion time. City Commissioners' reports. Commissioner Eckstein - No report. Commissioner Willjams - No report. Commissioner Lessard - Reported he has received a request from some citizens for the Commission to consider a Public Hearing to discuss lakefront development in the form of a hotel or conference center. Commissioner Eckstein reported there is a lot of misinformation in the public and he feels the people need to come to the Commission and express their views. Mayor Dale reported there will be a Public Heating when there are more specific plans for the Commission to consider, and the citizens can speak at that time. City Manager Simmons reported he expects to have at the next Commission Meeting a proposal from the City's Comprehensive Plan consultants, Solin and Associates, to prepare a Comprehensive Plan Amendment that would prepare the City to move toward a lakefront development. Commissioner Lessard will relay to those concemed citizens that there will be a future venue in which they can express their concerns. Commi~Lessggltb'eport~ltit Wedn~, ~.~,,',! 1, 1998 he and ChiefDillard will be holding a Community Meeting in dg/ e etowrr$ s:30 p.m. in the St. Jg~' Metropolitan Baptist Church, 920 Cypress Avenue. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING 157 March 23 1998 Commissioner Lyons - Reported in regard to the Sailfest he has met with Bob Roth and the Sailfest will not take place this year because the Sailfest Board is not giving proper support. PossL~ly as the lakefront is being developed a ramp should be considered for public purpose and public use in the future. Comr County Expressway Authority has implemented a program whereby if someone g times, they get a 10% discount. He suggested that possibly Seminole and Orange tissioner Lyons reported that the Orange Des through their toll booths so many Counties could merge their efforts as this would be a good program for Seminole County. Commissioner Eckstein reported the Seminole County Expressway Authority is already working on a possible merge of this program with Orange County. Commissioner Williams asked why Sanford has been left out ofthi loop in regard to the Light Rail. Commissioner Lyons explained that Sanford is the last one on the line, and the F OT has sent invitations to each Commissioner to the planning meetings for the Light Rail. Mayor Dale reported the first segment of the Light Rail would start at Intemational Drive and go to the Florida Hospital area, the second segrnenI would be north to Sanford, the third segment would be to Orlando International Airport, and the forth segment is to Oi ceola County. The problem is a bottleneck of map intent in Winter Park, Maitland, Eatonville and Altamonte. Tl~b issue has been tabled until May. Mayor Dale - Congratulated Commissioner Eckstein's son on his achievement of being chosen for the Ben Hill-Griffen award, which goes to the outstanding male player of the year at the University of Florida. Attest: There being no further business, the meeting was adjoumed.