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082498 ws/rm min.E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION August 341 24 1998 The City Commission of the City of Sanford, Florida met in Work Session on Monday, August 24, 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: Absent: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner Kerry D. Lyons Commissioner Velma H. Williams City Manager Tony VanDerworp City Clerk Janet R. Dougherty City Attorney William L. Colbert The Chairman called the meeting to order. Mayor Dale showed the Commission a plaque that he would like to present to past City Manager Simmons at tonight's Regular Meeting. Also, he asked the Commission to consider naming the new water reclamation facility after Mr. Simmons. The Commission concurred. Notice of Emergency Hearing for Injunction Relief. Mayor Dale reported that the City Attomey appeared before Judge Freeman at an ex parte hearing this morning and entered a Motion to Strike, in response to a Notice of Emergency Hearing for Injunction Relief received by the City regarding Ordinance No. 3430. The Commissioners each received copies of the Notice and the Motion. Improvements to the Ritz Theatre. Helen Stairs presented an overview of the renovation project for the Ritz Theatre. She reported representatives will be going to Tallahassee on September 15, 1998 for the final grant to conclude the project. Each Commissioner was given a copy of the Grant Package including the budget and supporting documentation. Ms. Stairs reported a market analysis for Main Street was done in 1994 which indicated the Ritz Theatre would be a great catalysI for many activities in downtown Sanford, so the Theatre, which is a non-profit organization, was chartered. The Ritz Theatre, when the renovations are completed, will seat 550 people, and serve as an arts and cultural center for live performances, "Friday Night at the Movies", travelogues, documentaries, holiday festivals, educational activities, club meetings, matinees, classic films, dance contests, children's performances, magic and puppet shows, lectures and public service activities. The Theatre will also provide services to the underprivileged with one of the major targets being "at risk children" whereby classes in acting, expressive arts activities, set-design, costume design and "grunt" work will be made available. Dave Scott, Principal of Idyllwilde, presented a short slide program and explained the involvement of area schools in the renovation, and the cooperative use, of the Ritz Theatre. City of Sanford third quarter financial report. Donna Watt presented a brief overview of the third quarter financial report for the City of Sanford. Ms. Watt reported the City is on target as far as revenue and expenses for the 97/98 fiscal year. It is anticipated that all of the major revenues will meet or slightly exceed the budget projections for the year, and the expenses will be a little under budget, in all funds. The one apparent shortage is in the overall salaries line item, most likely due to going from a 37 ½ hour work week to a 40 hour work week. Ms. Watt requested permission to write off all closed utility accounts that have 342 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION August 2419. 98 made no payments since September 30, 199% a total of approximately $222,000.00. The Commission requested City Manager VanDerworp review the City policies regarding closed and uncollectible accounts and recommend to the Commission procedures to prevent persons responsible for payment of accounts from defaulting on payment resulting in a closed, uncollectible account, a spouse living in the same residence opening a new account in their name, and the person responsible for the uncollectible account continuing to live in the residence.. Third quarter financial report of the Sanford Airport Authority. Susan Flowers, Director of Finance for the Sanford Airport Authority, presented the third quarter financial statements for the Sanford Airport Authority. The Authority is on track regarding their revenues and expenses. The money loaned by the City has been earmarked, but has not all been expended. Mayor Dale reported the search for an Airport Director is progressing and Victor Whim, from Salt Lake City, and more recently Cleveland, has been interviewed for the position, and two more interviews will be conducted this week with candidates from Florida. Hopefully the new Director will be hired by the first meeting in September. Fiber Optic Cable for Boys and Girls Club. Mayor Dale reported that the Boys and Girls Club is in the process ofinstalling fiber optic cable and electrical wiring for new computers in conjunction with the Seminole County School Board. Marjorie Murray, Seminole County School Board, reported that two new projects are being set up at the Community Center at Castle Brewer Court called the Harbor, and at the west side Boys and Girls Club, where five computers are being upgraded and five new computers are being installed. These will have an integrated management system, including language arts, reading and math for kindergarten through twelfth grade, and will have the same software as the Title I public schools the children attend. The power at the Boys and Girls Club needs to be upgraded to handle the additional computer lines and network lines, and they do not own the building the Boys and Girls Club is located in, so they cannot justify upgrades to the building with their fund source. Five 20 amp circuits are needed. Also, fiber optic wiring will need to be installed from Crooms to the ,Boys and Girls Club, and from the Boys and Girls CIub to the Harbor at Castle Brewer Court. Commissioner Eckstein suggested that this issue be discussed at the Joint Work Session with the School Board on September 14, 1998, unless it can not wait until then. After discussion, the Commission concurred. Mayor Dale reported the circuit work will probably cost $1,000.00. The Mayor reported the City owns the building, and supports what is being done, and he would like to go ahead and get the wiring done. This will be discussed further at tonight's Regular Meeting. Solid Waste RFP. City Manager VanDerworp reported that the Solid Waste RFP had been discussed at a previous Work Session and several questions had been raised. Jerry Herman, Public Works Director and Donna Watt, Finance Director, wrote a memo addressing those concerns. Donna Watt reported on the City purchasing an annuity for those persons who have not vested under FRS stating she was unable to get complete information on this issue for this meeting, but would continue working on it Commissioner Willjams reported that it should be clarified that all employees would be guaranteed jobs, if they qualify, with the private hauler, if the Commission chooses to privatize. Commissioner Lessard, as chairman of the committee to review the RFP, explained that the issue of continued employment for employees in the Solid Waste Division was discussed from the beginning by the committee. Commissioner Lessard also reported that the Department Head is having a difficult time keeping the Division running in the interim, and it is time for the Commission E7186'~2 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION 343 August 24 98 19-- to make a decision. Commissioner Williams expressed concem as to what geographical area the employees would be working in if they were hired by a private employer. Mayor Dale reported that the capital costs for the Solid Waste Division could be significant if the current Solid Waste Division were to retain the City business. Also, he didn't feel the City should retain two full time employees to perform the customer service duties and contract administration if the City shotrid privatize, as well as retaining Mr. Herman as the Director. Commissioner Lessard reported the recommendation of the committee was "if the City decides to privatize, FRS is the way to go." Commissioner Eckstein reported that City Manager VanDerworp needs to become more involved with this issue and make a recommendation and lead the Commission as far as the proposal is concemed and the direction it needs to go, instead of putting the responsibility of the decision solely on Mayor Dale and the Commissioners. After extensive discussion it was decided City Manager VanDerworp will review all of the information and place the issue on the next agenda with his recommendation, for a decision by the Commission. Incentives for public employees to live inside the City limits. Police Chief Dillard reported there are currently 16 officers who live within the City limits. Nine of these officers could drive their assigned, marked vehicles home. The City would need to purchase 7 additional vehicles if all officers within the City limits were to be allowed to drive their vehicles home, which would cost over $200,000.00. Commissioner Lessard reported possibly leasing those cars would be a better option. The 3 canine officers now drive their vehicles home, but they do not live within the City limits. Mayor Dale questioned why, if the canine officers are on call, he hears on the radio that at times there is no canine patrol available. ChiefDiIlard reported that there are times when the canine officer on duty, or on call, is assisting other jurisdictions. Chief Dillard and Commander Bronson reported they will look into the "no canines available" situation. Commissioner Eckstein reported the City should look into leasing the 7 cars, because the City cannot afford approximately $213,000.00. He further reported to lease vehicles would be about $3,500.00 a month or $40,000.00 a year and expressed concern if that cost was worth the benefit. ChiefDillard reported, according to the previous Commission, the only officers allowed to drive their vehicles home are those who are on call. Mayor Dale asked if the cars are just parked in the lot when the officer is not using it on duty. ChiefDillard reported they are, unless another officer's vehicle breaks down, and then he uses one of the off duty officer's vehicles. In response to Commissioner Lessard's question Chief Dillard reported the new policy to allow vehicles to be driven home could be implemented as soon as the Police Department received authorization from the Commission to do so. Commissioner Lyons reported that the officers would have to sign documentation that they are insured for their vehicle. Mayor Dale reported that the Sheriffs office has the policy that if an officer'is involved in an accident that he is responsible for, he must pay for the damages, but if he is not responsible for the accident, the County pays the damages. City Manager VanDerworp reported possibly the City could start by leasing two pool vehicles. Mayor Dale reported Staff would look into leasing, liability, and other issues. Commissioner Lessard would like the City to subsidize 10% of a "combat" employee' s mortgage, if they have a Sanford address. Commissioner Lyons expressed concern that this would be done only for police and fire personnel, and not all personnel. Commissioner Lessard reported that City Attorney CoIbert had researched this issue and .344 E718672 City MINUTES Commission, Sanford, Florida 3:30 P.M. WORK SESSION August 24 19-- 98 reported it could be done. Commissioner Eckstein reported there are area banks that have this kind of program, and Commissioner Lessard reported he will check with the banks. City Manager VanDerworp will research other cities' policies. Assessment of users fee for excessive use of public safety services. Chief Dillard reported he researched this issue, and contacted the Attorney General's office, and found no cities that have such a policy, nor does it appear that there is any non-discriminatory or non-discretionary way to implement such a policy. The attorney with the Florida League of Cities felt it was unworkable. The Attorney General's office stated their guidelines do not allow him to request extensive research to be done; only elected officials can request that sort of information. After considerable discussion Commissioner Lessard reported he would put this request in the form of a motion at tonight' s meeting. Nuisance Abatement Board purpose and goals. Commissioner Lessard reported the Nuisance Abatement Board had requested he ask the Commission to redefine the Board's mission, because the members are getting frustrated. Commander Bronson reported there is a police officer present at every Nuisance Abatement Board meeting, but the only thing the Board can do at this point is levy small fines. Commissioner Eckstein reported it may be time to abolish the Nuisance Abatement Board. Commissioner Lessard reported that the chairman of the Board, Marveen Kelly, wished to speak to the Commission before the Board was disbanded, because she does not want it disbanded. Ms. Kelly will be scheduled to speak at the next Work Session. Criteria for free veterans' burial spaces. Mayor Dale asked if any of the Commissioners objected to the criteria for flee veteran' s burial spaces. There were no objections. City Manager's briefing. City Manager VanDerworp handed out late and additional agenda items to be added to each Commissioner's packet. Included in the handouts were the minutes of the August 10, 1998 Work Session and August 10, 1998 Regular Meeting, information regarding the Planning and Zoning Commission' s action in regard to re-establishing a non-conforming use at 218 W. 12th Street, revised Ordinance No. 3432, and a revised First Addendum to Memorandum of Agreement from PRA. There being no further business, the meeting was adjourned. Attest: mr E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REG. MEETING Auqust 345 24 19 98 The City Commission of the City of Sanford, Florida met in Regular Meeting on August 24, 1998, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Presentations, 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 Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Mayor Dale presented a Historic Preservation Award to Michael and Rita Hammonds for refurbishing a historic house at 506 Somh Palmetto Avenue. The plaque is to be permanemly affixed to the house. On behalf of the taxpayers of Sanford, Mayor Dale presemed a 'plaque to Bill Simmons in appreciation for his service to the City of Sanford as City Manager from 1991 to 1998. Citizen participation. Scott Singeisen, Chairman of the Historic Preservation Board, reported he would like to speak on the recommendation from the Cemetery Advisory Committee to demolish the historic gazebo in the cemetery, stating he had received several calls from concerned citizens regarding alternatives to the demolition of the gazebo. Mayor Dale reported the Commission will remove this item from the rest of the Consera Agenda and discuss it separately. Approval of minutes, Commissioner Lessard moved to approve the minutes of the August 10, 1998 Work Session and the August 10, 1998 Regular Meeting. 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 Approval of Sanford Airport Authority FY 1998/99 Proposed:BudSeL.; Mayor Dale reported the Commission would hear from those persons presem to speak for, or in opposition to, the Sanford Airport Amhority FY 1998/99 Budget. No one appeared. Commissioner Willjams moved to approve the Sanford Airport Authority FY 1998/99 Budget. 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 hearin8 to consider the second readint~ and adoption of Ordinance No, 21428, re: Amendments to the Civil Service Code. Ad published August 13, 1998. Ordinance No. 3428 was read by title. Mayor Dale reported the Commission would hear from those persons presem to speak for, or in opposition to, Ordinance No. 3428. No one appeared. Janet Dougherty, City Clerk, reported this Ordinance was properly advertised. Mayor Dale closed the Public Hearing. Commissioner Lyons moved to adopt Ordinance No. 3428, emitled: 346 E718~2 City MINUTES Commission, Sanford, Florida 7: 00 P.M. REGULAR MEETING August 24 19 98 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DELETING CHAPTER 2, ARTICLE XIX OF THE CITY OF SANFORD CODE REGARDING THE CIVIL SERVICE SYSTEM AND THE CIVIL SERVICE BOARD OF THE CITY OF SANFORD; CREATING A NEW CHAPTER 2, ARTICI ,E X/X WHICH ESTABLISHES A CIVIL SERVICE SYSTEM AND A CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA; PROVIDING FOR ORGANIZATION AND MEMBERSHIP OF THE CIVIL SERVICE BOARD; ESTABLISHING QUALIFICATIONS OF CIVIL SERVICE BOARD MEMBERS; ESTABLISHING TERMS OF OFFICE; ESTABLISHING OFFICE, MEETINGS AND QUORUM OF THE CIVIL SERVICE BOARD; PROVIDING FOR DISQUALIFICATION, REMOVAL OF VACANCIES IN THE CIVIL SERVICE BOARD MEMBERS; PROVIDING FOR COMPENSATION AND EXPENSE OF BOARD MEMBERS; PROVIDING FOR EMPLOYMENT OF ASSISTANTS AND ASSIGNMENT OF SECRETARY; PROVIDING FOR EXPENSES OF CIVIL SERVICE BOARD; PROVIDING CIVIL SERVICE BOARD TO CREATE CODE OF RULES; PROVIDING FOR DELIVERY OF COPY OF CHANGES TO CODE OF RULES AND CERTIFICATES OF ACKNOWLEDGMENT OF RECEIPT; REQUIRING CLASSIFICATION OF POSITIONS; REQUIRING CITY COMMISSION TO FIX COMPENSATION; PROVIDING TERMS OF EMPLOYMENT, DUTIES AND OBLIGATIONS OF CIVIL SERVICE EMPLOYEES; PROVIDING FOR DESIGNATION OF GRADES IN DEPARTMENTS, NUMBER OF MEMBERS IN GRADES AND INCREASE OR REDUCTION IN AUTHORIZED POSITIONS BY THE CITY COMMISSION; PROVIDING FOR VACANCIES IN CLASSIFIED SERVICE, PROBATION PERIODS, SENIORITY AND PROMOTION OF EMPLOYEES; ESTABLISHING APPOINTIVE, REMOVAL, SUSPENSION AND DEMOTION POWER; ESTABLISI-ffNG CAUSES AND PROVIDING FOR SUSPENSION, DEMOTION AND DISMISSAL OF EMPLOYEES: ESTABLISHING RIGHT OF APPEAL, HEARING AND JUDGMENT BY CIVIL SERVICE BOARD; ESTABLISHING RIGHT OF APPEAL TO THE CITY MANAGER AND CITY COMMISSION; PROVIDING FOR RULES AND REGULATIONS BY DEPARTMENT HEADS; FORBIDDING SUBSCRIPTION OR CONTRIBUTION TO MUNICIPAL POLITICAL PURPOSE; FORBIDDING USE OF POLITICAL INFLUENCE IN MUNICIPAL ELECTIONS; GRANTING AUTHORITY TO EMPLOY ATTORNEY; PROVIDING FOR AMENDMENTS TO CIVIL SERVICE ORDINANCE; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION 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 Second readinfl and adoption of Ordinance No. 3430. re: Fort Mellon Park - clear title. Ad published August 13, 1998. Mayor Dale reported that the Commission had been briefed this afiemoon on action by Mr. Colbert as follows: On Friday, August 21, at 4:18 P.M. the law firm accepted service of process on the Emergency Motion for Injunction. Plaintiff Groseclose is seeking to prevent the City of Sanford from considering Ordinance No. 3430 on second reading at the meeting of August 24, 1998. Injunction also sought to enjoin enforcement of that Ordinance raising Sunshine Law violations and other procedural irregularities as the basis. Because the Motion was not served until 4:30 on Friday afternoon, I (Bill Colbert) had to spend the weekend researching the matter, both in terms of whether all of the procedural requirements were followed to pass the Ordinance and whether there was a basis to obtain an Emergency Hearing. Extensive research concluded that it was most appropriate to file an Objection and Motion to Strike Plaintiff Groseclose's Notice of Hearing since the Hearing was scheduled for Monday, August 24, 1998 at 10:00 A.M. I also filed an Affidavit in support of the Motion, and Judge Freeman reviewed our Motion to Strike and granted the Motion. Because of the Judge' s Order the City Commission may now consider Ordinance No. 3430 on second reading tonight. As soon as the Judge provides copies of the Motion they will be given to the Commission. Ordinance No. 3430 was read by title. E718672 MINUTES City Commission, Sanford, Florida 7: 00 P .M. REGULAR MEETING 347 August 2~9' 98 Janet Dougherty, City Clerk, reported this Ordinance was properly advertised and she has proof of publication. Mayor Dale reported the Commission would hear from those persons to speak for, on in opposition to, Ordinance No. 3430. A. Douglas Groseclose, 444 South Elliott Avenue, reported the Heating this morning was postponed until September 28, 1998; the Injtmcrion was not thrown out. City Attorney Colbert reported his office has not had any information from the Judge ofrescheduling the Motion, and the ruling this morning was to grant the City's Motion to Strike. If another Hearing has been scheduled, as of 5:00 P.M. today his office had not been advised of it. Mr. Groseclose reported that Ordinance 3430 does not solely address a title issue. It appears, in part, to attempt to overturn or reinterpret the original Ordinances that created Fort Mellon Park, and which specifically assigned the allowed uses of that land. If Ordinance 3430's real purpose was to clear rifle, then it should have been correctly titled and should focus upon this single issue. However, the Ordinance authorizes the City Commission to enter into the necessary contracts to lease City Property so that a hotel/conference center complex can be developed, and it authorizes the City Commission to enter into all necessary agreements and contracts to effectuate development of the property, which is Fort Mellon Park. He reported the Ordinance puts the cart before the horse. There is no need for this Ordinance until after a referendum decides the fate of Fort Mellon Park, unless a City Commission sponsored referendum was never truly intended to happen at all. Mr. Groseclose reported that the First Addendum to a Memorandum of Agreement which will be considered later tonight with PRA Management and Development reads in part as follows: If the City Commission does not present the issue (the referendum) to the voters, PRA hereby agrees that the time period referenced below shall begin to run 10 days from the effective date of Ordinance No. 3430. That is well before a referendum date would happen. The current litigation, as he understands it, is still in process, and he believes strongly that the Commission should not proceed at this point in time. He believes there are two ethical possibilities on this Ordinance, 1 ) to table the Ordinance until the results of the referendum are known, and 2) to eliminate Ordinance No. 3430 completely. B. M.L. "Sonny" Raborn, 214 W. 15th Street, Sanford, reported he was present at the City Commission Meeting on August 10, 1998 at which time several members of the Society for the Preservation of Fort Mellon Park had the opportunity to address the Mayor and Commissioners regarding the fact that members of the Society were not included in drafting the words of the City's Ordinance in reference to the possibility of leasing the Park property to a developer. The City's Ordinance was to be submitted to the voters at the November 3, 1998 General Election as had been agreed to previously. Mr. Raborn reported he was not able to stay for the whole meeting and was sttmned to learn the next day that the late agenda item entitled Ordinance No. 3430 "to clear title" was, in fact, an Ordinance authorizing the City to develop Fort Mellon Park and lease the property to a developer. This Ordinance No. 3430 was passed unanimously upon first reading. Mr. Rabom placed a call to City Attorney Colbert to discuss the action taken on Ordinance No. 3430. He obtained copies of all of the information that had been given to the Commission as back-up for Ordinance No. 3430 for the meeting of August 10, 1998, which was not made available to the public unless they requested it from the City offices. A letter dated July 27, 1998 and hand delivered to the City Manager, referencing the Fort MelIon referendum, and signed by Catherine Reischmann for Bill Colbert, Attorney, read as follows: 348 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 24 1998 Mr. Simmons: Pursuant to the request of the City Commission,, we have researched the procedures necessary to place Fort Mellon Park on the ballot. My detailed memorandums are enclosed for your information and review. The first memorandum outlines the procedures for a citizens initiated referendum (that is the action, according to Mr. Rabom, that the Society has been pressing for a number of months). The second memorandum outlines the procedures for a City Commission initiated referendum. The Ordinance draft shows a method of getting a City Commission initiated referendum on the ballot. Before adoption of the Ordinance, the City Commission would pick one of the five options for questions on the ballot, and the others would be deleted. Mr. Rabom went on to read other memos and the published ad from the Sanford Herald for Ordinance No. 3430. He asked if the Commission was trying to sidestep its previous commitment to put the issue on the November 3 ballot. Mr. Rabornlreported he had never seen such underhanded, behind-the-scenes dealings and stated Sanford would be a better place if each of the Commissioner's submitted his or her resignation from this Commission. He further stated the citizens are entitled to truthful answers and they want them now. Commissioner Lyons stated that the information Mr. Rabom had was public record, and nothing is being hidden and there are no dirty dealings going on. C. Kyto Entz, 911 Magnolia Avenue, reported that the population is divided because there are not enough facts. What the citizens want to know is ~vho is going to foot the bill, how much of it are the citizens going to pay for, how much is it going to cost, how will it affect the traffic, and other issues. They just want the facts. D. Carem Gager, 1209 W. 19th Court, Sanford, reported he moved to Sanford because he was tired of the concrete jungles. He likes the wide open spaces and Fort Mellon Park. There are no other decent parks in Sanford except Fort Mellon Park. He further reported that it has already been decided who some of the contractors are and who is going to do the work on the hotel/conference center. The people are not going to give away their park for the Commission's conference center. He urged the Commission to forget about developing Fort Mellon Park into anything except a first-class community park. The people should not have to vote on something like this, the City leaders should have been looking out for the citizens of Sanford. Mayor Dale corrected a statement Mr. Gager made regarding Mayor Dale' s time as a resident of Sanford, stating that he has been a citizen of Seminole County since 1965, not just three years as Mr. Gager had stated. Commissioner Lyons reported that the Commission did not go out looking for a developer, the developer came to the Commission. Also, the Commission has not voted to build a conference center yet. The Commission went to several committees, inside and outside of the City, to get their opinions, and they have tried to inform the citizens before any decisions were made or details worked out. Commissioner Williams reported she campaigned to bring a conference center to Sanford, as well as refurbishing downtown, even before she was elected. Also, the idea of the conference center is not new, Commissioner Thomas brought up the idea several times during his term. She stated the Mayor is a strong leader, but she thinks for herself, and she is not going to disagree with the Mayor just to prove he does not control her. She is behind the hotel/conference center 100% because it will increase the tax base, and because the people of Sanford need to have a place to have conferences. Also, graduations could be held there. She stated people are complaining they won't be able to fish, but there are two fishing piers to be built. Concerning the ball field in Fort Mellon Park, it was decided to move the ball E718672 MINUTES City Commission, Sanford, Florida 7: O0 P.M. REGULAR MEETING 349 August 24 19 98 fields prior to a lot of the present Commissioner's terms. The Sports Complex by Chase Park will be a wonderful facility for all of Sanford. The only thing that will be lost in the present Fort Mellon Park is the pond, which no one can fish in anyway, and there will still remain six acres of enhanced park. The Commission is not getting rid of the park, they are trying to enhance the park. Commissioner Williams further reported that a million people in the past year have come into the airport from foreign countries, and they must go to the O~ando area for accommodations, when they could be coming to Sanford. There is a lot of misinformation out there, and she has been accused of "selling out" because she is black, and she is just going along with the Mayor. People have told her the Mayor is supporting this particular project to prevent blacks from going to the waterfront to fish, and from using the Park. She reported this is absurd and unfair, because it is not the truth. Thirty years ago the Disney people came to Sanford to speak with the "powers to be" because they wanted to put Disney World here, but the "powers to be" said no way. The man who was responsible for Heathrow wanted to help build Sanford several year ago, and was told "Yankee, go home". The Park will be available for anyone in the community to use, for rallys or recreation, etc., and there will be a Boardwalk for those people who wish to walk. She reported the misinformation is unfair, and she is for the hotel/conference center 100%. E. Debbra Groseclose, 444 South Elliott Avenue, reported Ordinance No. 3430 was introduced as an Ordinance to clear title. She asked where in this Ordinance does it say it is to clear title. When you read Ordinance 3430 by title only, it is identical, word for word, to Ordinance 3432, which is for a referendum. The only difference is that in the referendum Ordinance it says: subject to approval of the electors of the City, providing for referendum election by City electors on November 3, 1998. This is why the citizens are led to believe Ordinance 3430 is not an Ordinance to clear title, but an Ordinance to proceed with the development. Mayor Dale reported it was not him or the Commission which asked for this Ordinance, it was the developer through his attorney and on the advice of his title company, who asked for this Ordinance to "clear title". The developer' s attorney worked with the City Attorney to draft the Ordinance, and then it was brought to the Commission. City Attorney Colbert reported he gave an opinion about six or eight months ago that, as long as it served a public purpose, the City was not prohibited in using the park, known as Fort Mellon Park, for purposes other than a City Park. He is still of that opinion. However, a number of people disagree that this can be done, and apparently a title company disagrees with his opinion. The title company has asked the City Commission to consider an Ordinance that would satisfy their lawyers and their opinion that the park could be used for some other public purpose other than a public park. Mr. Colbert wrote a letter on August ]8, which is part of the public record, as follows: The purpose of Ordinance No. 3430 is to clear title to the Fort Mellon Park property. PRA's title company needs clarification regarding the scope of a prior Ordinance regarding Fort Mellon Park, before agreeing to issue title insurance. Steps must be taken to clear title to property before a developer is in a position to agree to begin the arduous process leading to a development agreement. Other preliminary actions necessary to clear title may include vacating alleys or easements, satisfying liens or obtaining quit claim deeds. Ordinance No. 3430 is merely one of a series of preliminary steps which allows the City to keep its options open at this point in time. Regarding Ordinance No. 3430's affect on the referendum, the City Commission will decide at the next Commission meeting whether to hold a referendum. The decision will be based on whether the City Commission believes a referendum is in the best interest of the City of Sanford. If you need further assistance please contact me. 350 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 24 19-- 98 That letter was signed and delivered to the City last week in response to some of the same questions that are being asked tonight. Ms. Groseclose reported she appreciates what she is being told but all she wants to know is where does it say in the Ordinance that it is clearing title. Ms. Groseclose stated Ordinance No. 3430 should be thrown out, and then the law suit can be thrown out. When it was pointed out that the Motion to Strike was granted she stated she was at the hearing this moming and a new heating has been set for September 28, 1998. She further stated that the Mayor had set down with them to work on wording, but would not listen to them, and none of the other Commissioners would talk to her. She reported she had telephoned Commissioner Lessard and asked how to do a citizens' initiative, and he had informed her that citizens can't do that. Commissioner Lessard vehemently denied this claim, and Ms. Groseclose stated she wished she had kept it. Ms. Groseclose asked to go on record one more time as saying no one answered her question~ where in the Ordinance does it say "to clear title". Mayor Dale reported he had answered that question by saying it does not have to say "to clear title" in order to do so. Ms. Groseclose reported "to clear title" is not what Ordinance No. 3430 is proposed to be, and that will be decided in court. F. Henry Sweet reported the citizens are here to possibly hear some facts. There is some confusion or misinterpretation or misunderstanding of Ordinance No. 3430, which, it is his understanding, clears title to allow the development of Fort Mellon Park for a hotel/conference center. It also provides that the City Commission is not compelled to send this issue to referendum. City Attorney Colbert reported a memorandum sent to the City outlining the procedures for citizens to do an initiative also outlined a procedure for the City Commission of the City of Sanford to do an initiative. If Mr. Sweet's request is "does the City Commission of the City of Sanford have to do a referendum," the answer is legally it does not have to. Whether or not this Commission has to submit this to a referendum is totally irrelevant and immaterial as to Ordinance No. 3430; they are not related. Ordinance No. 3430 is to clear title, the referendum question is a completely separate legal issue, as identified in the memorandum before this really became an issue. They may be emotionally tied together, but they are not legally tied together. G. Steven Myers, 718 Oak Avenue, reported he has asked the question why this development has to be built in the park, and the best answer he has gotten is because it is good for the developer. He stated that Andreas Duany's Master Plan included office buildings along the lakefront that would only be used from 8:00 A.M. to 5:00 P.M., Monday through Friday. Mayor Dale reported the Commission has read Duany's report. Commissioner Eckstein reported that Duany advocated public/private partnership. Mr. Myers agreed, but not in the Park. He further reported that the City of Sanford has suffered tbr lack of proper planning. The financial success of this development is not dependant on this site, but the Commission is going to do what they want to do. H. Lon Howell, 1109 Park Avenue, reported tomorrow night between 5:30P.M. and 7:00 P.M. there will be a rally with food and beverages, and he distributed shirts to the Commission. He stated that some of the allegations of the opposing citizens are not true. I. Robert Kenny, 1920 Park Avenue, Sanford, reported he is relatively new to Sanford, and he came here with some skepticism because of the rumors about Sanford. He is a children's advocate, and he sees the children of Sanford at great risk, and he feels the development of a hotel/conference center in Fort Mellon Park will create a place with 1,100 jobs, and that will mean a lot to the children of Sanford and their families. E718672 MINUTES City Commission, Sanford, Florida 351 7:00 P.M. REGULAR MEETING August 24 1998 'i J. Bart Rush, 904 Park Avenue South, reported he owns a business at 301 East 1st Street. He thanked the Commission for providing him the fact sheet to help him decide whether he would be for or against the development in Fort Mellon Park. There is a new generation of citizens and business owners in Sanford who know what a development like this can do for a struggling Historic Trust, straggling Historic Society and a struggling historic district. It is a ripple effect, and it encourages all of the citizens to not fix up their properties and sell, but to invest. Very few people in Sanford shop in Sanford. He cannot survive in Sanford unless there is development, and he will have to relocate his business elsewhere. A lot of people say this has divided the community, but he respects his friends who are on the opposite side, and if the community becomes divided it is by their own choice, this issue has not made it happen. K. Millard Hunt, 801 East 2nd Street, reported he wanted to respond to some of the remarks previously made. He asked if Ms. Williams had referred to the Juneteenth celebration when she said she had attended a function where she hea/d that the Commission was trying to keep blacks out of the park. He reported he had set up a table at the Juneteenth celebration for the Society for the Preservation of Fort Mellon Park to gather signatures. The attendance was very light. While gathering signatures he made several remarks, with the acknowledgment and invitation of the organizer of the event, Mrs. Oliver. He reported the entire event was videotaped and he has a transcript of his remarks. These remarks take up six minutes. It has been alleged, and was discussed in the Work Session of the City Commission on June 22, that he said that Mayor Dale was a racist, and some similar remarks. The Mayor, of course, was insulted. Mr. Hunt reported that this never happened, and he would think that Mayor Dale would be relieved to know that. He offered to give copies of the transcript to each Commissioner. He reported in the beginning he did mention Mayor Dale as having presented the plans for the development. He did mention other people present, namely Commissioner Lessard and Charles Rowe, who had spoken before Mr. Hunt spoke. The mention of those people had nothing to do with the remark he made when referring to spending time in Fort Mellon Park during the ball games, etc. and he said "some people, unfortunately, mutter under there breath, we would love to get rid of that Park with all those black folks using it". It is not just black folks that use the park, it is all kinds of folks, and they want to keep it that way. Numbers of people have referred to these remarks inaccurately, in various contexts, and it has affected his civic work totally unrelated to the Park, and he resents it. This could have been cleared up a long time ago if someone would have just talked about it, or asked. Commissioner Willjams reported she did make reference to what happened at the Juneteenth celebration, and even though she did not mention any name, she did indicate that she personally heard certain things. In the Work Session she did not call any name, nor did she answer Mayor Dale' s question as to what exactly was said and who said it. Someone else, who was sitting on the stage, called Mayor Dale and informed him what had been said. The Mayor was aware that three people from the City were in attendance at the Juneteenth celebration, Brady Lessard, Charles Rowe and herself. Commissioner Williams reported if put on the stand she would testify tmthfially about the remarks, and she is sure Mr. Lessard, Mr. Rowe, Rev. Wilson and Mrs. Oliver would also tell the truth. L. Steve Coover, Seminole County, owner of a business in Sanford at 230 North Park Avenue, reported he supported Mayor Dale in his campaign not knowing who he was, but he said he wanted to help build the tax base of Sanford. This development will support that tax base. He reported 60 to 100 people with signs and generating a lot of comments should not matter to hold a referendum, as the referendum is a result of enough signatures by the electorate to convince the City Commission that a referendum should be held. Otherwise, a bunch of noise could compel the City 352 1~718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 2419__ 98 Commission to hold a referendum that is not even necessary. When the Commission sees the votes on the petition, then that justifies the petition, and then it should go to a referendum and let the parties argue their positions and whoever prevails should probably win. If they don't get enough signatures then there shouldn't be a referendum and the City should go ahead with the development because the people have spoken through the elected officials. M. Timothy Daniel Hudson, 2809 Grove Drive, Sanford reported he is for the hotel/convent/on center because his family believes a person must work diligently and earn their wages, and without money you cannot have economic stability. When you grow up poor, you can appreciate progress, and fithere are no jobs in Sanford a person cannot be economically stable. Sanford needs this convention center because it will help the citizens as a group of people to become financially stable, give them a slice of the pie. He is speaking from a black perspective, and it doesn't matter if the jobs are just making beds, a person has to have money coming in on a steady basis. He reported the people who are opposing the hotel and convention center are personally attacking the Mayor, because if you don't like the leader, anything the leader suggests you shoot it down. The Mayor did not come up with this idea, it came up several years ago and he is just supporting it, and the people are against it because "Larry Dale, he did it, shoot it down, we don't want it". You can build a park anywhere, but you can't build a hotel/convention center anywhere. It needs to be in a viable part of the City, specifically downtown. N. George Wallace, with an office at 413 West 13th Street, Sanford reported he is local counsel for PRA development. He is hoping the City Commission will continue to move forward to create economic opportunities so children will come back to Sanford to work when they get out of college. He reported there have been some allegations that Ordinance No. 3430 is unnecessary. He reported he asked the Commission to consider addressing the title issues on Fort Mellon Park so that his client could move forward in order to meet his timelines, which are already running late, on the Memorandum of Agreement between his client and the City. He has also asked the Commission to extend those timelines which require his client to expend enormous economic resources in deciding whether or not this is an economically feasible project, much less coming up with the proper architectural and engineering designs, all of which are very monetarily intensive. He has asked the Commission to extend the time requirements because of all the confusion as to whether or not this Commission could go forward with this project. This was something requested by his client to clear the title so they can go to prospective investors and lenders who want to look at a title commitment that is clean and can be dealt with. That is the purpose of Ordinance No. 3430. Mr. Wallace reported he wrote a letter to the Commission, on behalf of his client, requesting the referendum so this matter could be resolved and they wouldn't have to worry about a petition drive after $1 million had been spent, and finding out they can't go forward. Mr. Wallace reported that if Ordinance No. 3430 is passed his client wilI have enough confidence to move forward with feasibility studies, and that is why they have asked for an extension on the timeline in the Memorandum of Agreement. If, however, the issue goes to referendum, they wish to further extend the timeline until after the referendum. He further stated that even if this does go to referendum that is not a 100% guarantee that his client will build a conference center. O. Dr. Storm Richards reported in 1987 he wrote a dissertation on urban/rural development in Central . Florida, and in particular on urban corridors as they apply to Seminole County, and with particular reference to the 46 corridor going into the City of Sanford. From the two years of research that he did, if Sanford does not take advantage of E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETTNG 353 August 24 19, 98 the economic opportunities that it has, not for just the park but for the entire City, it will be an opportunity that will be lost. It will be an oppommity for mixed use and different types of development that the City will not be able to duplicate; and will not be able to create the viable area of the entire downtown area for several reasons. l) The infrastructure and the development of downtown Sanford is based on probably a 1930's or 1940's development scenario which causes major changes to have to take place. While people feel they may have a park if you do not develop Fort Mellon Park, they may not have a downtown Sanford because it will be condemned, and the viability and the economic vibrance of the downtown is dependent upon a strong growth model, such as in other cities. P. James Davis reported he does not see this problem as a problem with the park, but as a problem with economic development. This is a problem where the City is allowing a developer to come in and tell it how to develop its assets. The City should already have a plan and have developers come in and bid on that plan. That 300 bed hotel is not going to carry 36,000 people to riches. Q. Bob Thomas, 129 Bethune Circle, reported the ability to adjust to change is a sign of intelligence. If Sanford gets this development, downtown will light up like a Christmas tree. The waterfront will be beautiful and people will come here. This development will provide jobs, this will be a jump for the City. R. Rami Yose~an reported this whole thing started when he came to Sanford. No developer ever had any intention of bringing a hotel/conference center here until he moved here. He opened a bistro, and a factory, and he is now making apartments. He approached the City Planner and told him he had a friend who was a developer that he would like Mr. Murder to meet. Mr. Murder met with the developer and decided to bring his proposal before the City Commission and the Mayor. The Commission embraced the idea of a hotel/conference center for the economic development of the downtown area. [Mayor Dale left the meeting]. Acting Chairman, Commission Eckstein, called a five minute recess, then reconvened the meeting. [Mayor Dale returned to the meeting.] S. Ted Davis, 615 E. 3rd Street, Sanford, reported he is a proponent for progress in Sanford. He reported Fort Mellon Park was a celery field years ago, and industrial progress was hindered because of the farming industry. Every city needs a central park in downtown, and maybe the site selection for this hotel has not been completely thought through. How will it impact the neighboring area? Prostitution is nmning rampant in the park right now but site selection will not solve that problem. T. Ricky Scott, 1115 W. 12th Street, Sanford, reported the Bible says "where there is no vision, the people perish", and where the Commission has no vision, not only will the people perish, but the City of Sanford will perish. He moved to this City because when he came back to Sanford on a number of occasions, and saw the City was trying to make some improvement for the good of mankind, by putting in the mall and developing that area. The west side area is now in dire need of whatever can be done to upgrade that area, and he believes 99% of the voters will vote that this proposed development will help eliminate the blight in the west side. U. Vicky Smith, Harding Avenue, reported Fort Mellon Park is a waste, and is not beautiful. Ms. Smith stated she supports the convention center. People have been talking for years about a development like the hotel\ conference center, and they have talked about it at exactly the same location. She wonders if the opposing citizens are talking about the same park, it is not pretty. This development will bring industry in, and other businesses, and it will 354 E718~72 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 24 19-- 98 grow. The majority of the people who were bom here, and have been here all their lives, want the City to move, and want to see some changes. There is no place in Sanford to hold conferences or meetings, people have to go to Orlando. V. Dave Freeman, 705 Mellonville Avenue, reported blaming a park for crime is one of the most inane things he has ever heard of. This park does not bring in any money, but it is an asset you cannot place a dollar value on. He also reported that he asked at the last Commission meeting for the speed limit on Mellonville Avenue to be raised again, after being lowered recently, and that has been done, and he thanked the Commission. W. Jay Jury, 408 S. Virginia Avenue, Sanford reported the.trend in this area has been for commuters to drive past Sanford to downtown O~ando, but that is changing, and Sanford would be wise to take advantage by positioning itself as a part of the growth corridor where the major development will occur. Downtown Sanford is only five miles away from the I-4 interchange, and will attract upwardly mobile professionals who will look at quality of life issues, and the park would be quite a selling point to those individuals. Mr. Jury also reported it is ironic that a Commission in a County with a history of a conservative, philosophical outlook, would place itself in a position of government interfering with the workings of the free market, to the effect of subsidizing a major private developer in this fashion. The Commissioners should consider some consistency with their idealogy in saying that if you truly believe in the free market then let the free market make this decision. If the hotel and conference center are viable they will find an appropriate place to locate it in accordance with the invisible hand of the free market. He also reported there is literature that strongly suggests developments of this nature will end up costing far more in terms of services and support from the municipal treasury than it would retum to the municipal treasury, and the tax payers will subsidize this development. With developments of this nature, the dollars (in terms of jobs in top management) flow out of the community, the management team tend to come from the outside, and a high proportion of the jobs would not be captured by local residents, and the remaining jobs would be in the low paying service sector, of which there already are quite a few in Osceola/Orange County. There are a lot better ways the Commission could go about economic development which are a lot more employment intensive than this type of project which tends to be far more capital intensive than it does job productive. He reported the comment has been made that there is no place for local schools to hold their commencement exercises, but this is a problem for the School Board, not the City Commission. X. Joan Campbell, 229 Yale Drive, Sanford reported the Commission needs to do whatever the developer's lawyer has requested and get some progress going in Sanford because this will be just the beginning. Y. Becky McKinnis, 1315 E. 241h Street, Sanford reported there has been a lack of vision on transportation for this project and referenced the traffic problem on Airport Boulevard at Wicklow Elementary School near Lake Mary Road. Also, the vision should not include taking out the oak trees along streets like Mellonville Avenue, which is a main artery into and out of Sanford, and putting in four lane roads. The Commission needs to think about saving open spaces. Z. Margie Hawkins-Knight reported she grew up in Sanford and when she was younger she could walk downtown and there was something to go to, a dime store, a catalog store, etc. The hotel/conference center is a very good idea. Fort Mellon Park is not safe for small children because if you don't watch them they are on First Street or in the river. If anyone could really play basebali on the basebali field the ball would either be in the river or in somebody's car E718672 MINUTES City Commission, Sanford, Florida 7: 00 P.M. REGULAR MEETING 355 August 24 19 98 on First Street. She reported every time progress tried to come to Sanford in the past it was shot down, and she commended the Commission for standing up for progress. AA. Thelma Mike, 1710 W. 15th Street, reported people realize that the jobs this project will bring to Sanford are low-income and medium income jobs, but they also know that not all children will grow up and go to college, and they will never be able to be homeowners without low-income and medium income jobs. Not everyone can have a high-techjob. AB. Arthur Haynes, 810 S. Scott Avenue, reported he got involved in the effort to save the park because he felt deceived by the Mayor' s Office. The Mayor promised them a vote on this issue and now he is going to blindly pass and rubber stamp anything the developer wants. The Mayor is now saying this Ordinance really doesn't mean anything, it is just to clear title, but the developer's lawyer is saying if you approve it there is really no need for a vote. The only reason the Mayor wants to have a vote is because the developer said he wanted it. Commissioner Lessard reported that the developer's lawyer did say there would be no need for a vote if this Ordinance passes, but the Commission has committed to a referendum. Commissioner Lessard repeated his position that if a referendum is wanted, then go through the process that is set up to create a referendum, that is, get enough signatures. Mr. Haynes reported that it was a lie saying there was going to be a referendum, and now if one is done it will take the citizens getting the signatures. Commissioner Lyons reported the Ordinance to have a referendum is on the agenda later tonight, it is not a lie. Mr. Haynes reported many of the citizens feel like they were promised a referendum and now the Commission is going to vote against it. Mr. Haynes reported he is not in favor of the hotel, period, because he is firmly convinced the hotel is being built with casino gambling in mind. There have been two failed hotels in Sanford within a block of this proposed development and he can't believe it hasn't been discussed how to convert those and use them for gambling, and he would like to have those discussions made more public. Jobs are needed in Sanford, but what is really needed is more training and education so the children can have high-tech jobs like computer programming. The pictures being distributed of the proposed hotel show a grand view from the water, and anyone on the river will be able to enjoy that view, but everyone else will be looking at the service entrance. The jobs that will be offered already exist in Sanford, and are not being filled. AC. Reverend Rucker, Pastor of First Shiloh Missionary Baptist Church, reported several people have said there is nothing going on in Sanford, but there is something going on in the over 100 black churches from Lake Monroe to Midway, and all the other churches in Sanford. There have been people speaking of the Martin Luther King celebration that has been going on downtown for the last nine years, and the Commission was against this event in the beginning. Progress means change, and a lot of people are against change, but Sanford needs progress. He will be glad to see a convention center here. It is inevitable that this hotel/conference center is going to happen, and when it does minority contractors, primarily black, need to be involved in the construction. A convention center will help with events such as the Martin Luther King celebration. AD. Mark Platts, 1300 Magnolia Avenue, reported there seems to be a consensus that everyone wants a referendum, why is the Commission trying to pass Ordinance No. 3430 now? If the referendum fails, then the developer will have lost a good deal of money. A vote for the referendum shotrid have been done first. He reported the developer should have been in attendance tonight. Commissioner Lyons reported the developer was in attendance earlier. Mr. Platts recommended Ordinance No. 3430 be tabled, and the referendum be held first. 356 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August AE. Chri s Eaves, 701 S. Myrtle Avenue, reported the opposing committee has had months to gather the signatures to present to the Commission for a referendum, and if they do not have the specific amount of signatures for this referendum, it needs to be dropped so the City can move on with the conference center, and build the City the way the City Fathers think it ought to be done. Mayor Dale closed the Public Hearing. He reported in his opinion the reason it' iS important to pass this Ordinance now is because the City has a developer who stayed through this fight and has spent money on the project. He further reported this is not his conference center or his proposal, he is just a spokesman as the Chairman of the Commission, on what they have voted unanimously to proceed with based on the advice of several advisory committees (CRA, Main Street, Waterfront Steering Committee, Chamber of Commerce, Historic Trust, and the Downtown Merchants Association). The Commission went to these committees before it began to discuss the idea. The Commission responded to a proposal, and the County has had an interest in and talked about a conference center for several years. The County has done studies and feasibilities for the need of a conference center. The need does not create all the growth, the conference center is a response to the business growth that has happened in Seminole County. The County is going to build a conference center somewhere in Seminole County, and Lake Mary wants it. Sanford is the County Seat, and the downtown is deteriorating and in a blighted condition. The reason the Commission is doing this (Ordinance No. 3430) now is because it has a developer who is continuing to talk and has kept major players interested in this project. These major players want to know there is a clear title so they will keep an interest and so the County Commission sees that Sanford is still a viable site. If this goes to referendum, and the people vote against the conference center, there will be no conference center. But if they vote yes, he does not want to take a chance on losing the developer. Commissioner Lyons reported having clear title is the safest thing for all the citizens of Sanford in case anything does happen in the future, regardless of whether the development takes place or not. Mayor Dale reported it is very healthy to have this kind of debate because the more debates and the more the press picks up on it, the more interesting it is and the more people will take an interest in it and be able to make an intelligent and enlightened decision. It is great to get this kind of public input. Commissioner Lessard moved to adopt Ordinance 3430, entitled: AN ORDINANCE OF THE CITY OF SANFORD; FLORIDA, AUTHORIZING THE CITY COMMISSION OF THE CITY OF SANFORD TO DEVELOP THE PROPERTY GENERALLY DESCRIBED AS FORT MELLON PARK AND MORE PARTI'CULARLY DESCRIBED IN THIS ORDINANCE; PERMITTING THE CITY TO LEASE SAID PROPERTY IN ORDER TO ALLOW FOR THE DEVELOPMENT OF A HOTEL/CONFERENCE CENTER COMPLEX ON THE PROPERTY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams. Commissioner Lessard reported this will not be the only preliminary procedure the Commission will take. If the referendum is voted down the Commission will not promote a hotel/conference center in the area discussed, but if is voted in favor for moving forward, the City is as far along as they can be in implementing it and hit the ground running, and keep moving forward. Commissioner Willlares reported two months ago the County Commissioners agreed to give the City of Sanford $400,000.00 a year from tourist taxe~ ~flith that kind of commitment from the County, the City needs to move forward. The City did not seek this cl.~,gt ~.~..<h t~itizen brought this developer in. 24 19-- 98 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 357 August 2419 98 The foregoing motion was 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 Hearinl~ to adopt Resolution No. 1793. re: adoptinl~ the Evaluation and Appraisal Report (EAR) of the City of Sanford Comprehensive Plan. Ad published August 16, 1998. Resolution No. I793 was read by title. City Clerk, Jan Dougherty, reported the City has proof of publication. City Manager VanDerworp reported the Planning and Zoning Commission voted unanimously to approve the Evaluation and Appraisal Report. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Resolution No. 1793. Mark Platts, 1300 Magnolia Avenue, reported he is a professional planner with twelve years experience in community planning and land development planning, specifically in Central Florida, a Master' s Degree in Urban and Regional Planning from the University of Florida, and a Bachelor's Degree in Urban and Rural Studies. Mr. PIatts submitted for the record a copy of the City of Sanford Comprehensive Plan Evaluation and Appraisal Report, Citizens Comments and Objections, August, 1998. Mr. Platts explained this report is a specific review of the concems that he and several citizens in the community have about the Evaluation and Appraisal report. He reported that the Evaluation and Appraisal Report recommendations, related to the recreation and open space element of the Comprehensive Plan represent an assault on the public spaces in Sanford. In 1991 the City of Sanford adopted its first Comprehensive Plan under the new State laws that were adopted and took effect in 1990, and the Comprehensive Plan has guided Sanford's development, and the quality of life in Sanford, over the last few years. This is the first time that a complete evaluation has been done of that Comprehensive Plan, which is a requirement of the State. Mr. Platks reported a very important part of this report deals with Sanford's parks and recreation, and based on the original copies of the report that were distributed, and the Staff reports, those parts of the report dealing with parks and recreation were directed at enabling the development of Fort Mellon Park. But, what is shameful, is that the report and comments go far beyond Fort Mellon Park. Mr. Platts continued by discussing several parts of the report he had distributed, specifically the Recreation and Open Space Element Policy 6- 1.1.1, stating that in the original Comprehensive Plan, the City required two acres of neighborhood park in the City for every one thousand residents, and two acres of community parks in the City for every one thousand residents. He reported there are a lot of flaws in comparing the Evaluation Appraisal Report and the Inventory Analysis that went along with it. There is not nearly the amount of community parks that the report says Sanford has. The Stadium and Randall Chase Park are identified as community parks, when in fact they are a special facility and do not have any of the facilities that a community park should have. Pinehurst Park should be a neighborhood park, not a community park. Hovnanian Park is counted as a community park, but it is not easily available, and there is nothing there. Excluding the aforementioned parks, that leaves the City with three parks, one in the southem part of the City, Derby Park on the fringe of the City, and Fort Mellon Park. The development of Fort Mellon Park will make it into a Special Facility and a neighborhood park, not a community park, and Sanford will be well below the City' s requirements for community parks in the City. He reported the City knew this before they did the Evaluation and Appraisal Report, and one of the reasons Policy 6-1.1.1 was changed was to make accommodations for this situation. The recommendation on the Evaluation and Appraisal Report is for the 358 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 24 19. 98 Policy to be changed so the City will now have four acres of parks across the City. This represents a planning philosophy that abandons current and future community parks in the core of Sanford. Regarding recreation and open spaces, Mr. Platts reported they are protected by Policy No. 6-1.2.1. This policy says park land within Sanford shall be preserved, this is a policy of Sanford's Comprehensive Plan. The Evaluation and Appraisal Report recommends an amendment that removes that protection from all public park space within Sanford. ' It states that it is OK to move the equipment and ball parks to other areas, and then do with the land anything desired. This is protecting the facility, put it is not protecting the site. what is there. Most people go to a park because of where it is, not because of Mr. Platts reported that Policy 6-1.4.1 requires access to Lake Monroe and its tributaries and this requirement is not being met when considering projects such as the hotel/conference center. The policy is intended to prevent the walling off of the Lake Front and preserving public open space systems adjacent to the Lake. He reported it is appalling that in furthering a private project on public land the City would change its whole Comprehensive Plan. Even if it wasn't generated by the specific hotel/conference center proposal, to change the Comprehensive Plan and remove protection for open spaces in the City is the worst possible thing that could be done. He recommended the Commission send the Evaluation and Appraisal Report back and have this recommendation revised.. Mayor Dale closed the Public Hearing. Jay Marder, Director of Planning and Development, reported he has worked for the City for about twelve years, and has worked in Florida planning with public agencies and private consultants for about 23 years. He is a member of the American Institute of Certified Planners, etc. and received the George Simons award from the Florida Planning and Zoning Association in 1992, for outstanding accomplishments in the field of planning, as well as contributions to the profession. Mr. Marder reported the Evaluation and Appraisal Report does not change the Future Land Use Map of Fort Mellon Park, but it does analyze the plans, policies, goals and objectives to determine what conditions have changed and make recommendations as to what should be changed. The Evaluation and Appraisal Report is adopted by Resolution, which reflects the fact that it is not quite as inflexible as a Plan Amendment, there is stilI room for change. These are recommendations that the Department of Community Affairs will look at during the next year when the City submits amendments to the Plan that are based on those changes, but there could be flexibility. Mr. Marder reported that the level of service was correctly stated as two acres of neighborhood park per thousand persons and two acres of community park per thousand persons, and it is proposed to be changed to four acres overall of park land per thousand persons. This change was proposed prior to any consideration of Fort Mellon Park or a hotel/conference center. He reported many things have changed since the Comprehensive Plan was adopted in 1991, when the stadium was a leased baseball school and not included as a neighborhood or community park; a baseball complex at Chase Park has been funded in the City's budget and it is to be combined with the Historical Stadium as a community park; and Derby Park has been developed on what used to be a well field. The open space access to Lake Monroe is committed and clear in all proposals and there will always be 100% public access to the Lake. Commissioner Eckstein asked Mr. Platts if the formula has changed relative to the new emphasis on public education and municipalities sharing resources and providing these for the community. Mr. Platts reported all the school sii~s have been classified as neighborhood parks, just as they are in Orlando. Mr. Marder reported he will stand by the E718672 MINUTES City Commission, Sanford, Horida 7:00P.M. REGULAR MEETING August 24 1998 work that was put into the Evaluation and Appraisal Report, it is reasonable and well-documented. The Department of Community Affairs understands that there are reasonable arguments that can be made in these matters because they are opinions, and these are considered by the Department of Community Affairs to be under the heading "Reasonable Paxties May Disagree" and similar wording. Mr. Marder invited the community to participate in the plan amendments related to the Evaluation and Appraisal Report in the future. Commissioner Eckstein reported that in 1991 the City of Sanford's Comprehensive Plan was the first one accepted; a lot were turned down. Several had to be resubmitted. City Manager VanDerworp reported he has been a planner with the County, and has recommended the adoption of this Resolution, and he has not heard anything tonight that would change that recommendation. He did ask Jay Marder if he was recommending any changes to the Evaluation and Appraisal Report based upon comments made at the Planning and Zoning Commission. Mr. Marder reported the only changes he was recommending are those already submitted to the Commission. He submitted a copy of a written response pertaining mostly to the Plan amendments, but some were pertaining to the Evaluation and Appraisal Report. On recommendation of the City Manager, Commissioner Lyons moved to adopt Resolution No. 1793, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY OF SANFORD COMPREHENSIVE PLAN RECOMMENDED BY THE CITY OF SANFORD PLANNING AND ZONING COMMISSION PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES §163. 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 Public Hearing to consider first reading of Ordinance No. 3431. re: amendin~ Ordinance No. 3079. the Comprehensive Plan. amendin~ the Future Land Use Map. adding annexed property. and chan~in~ the manual format, Ad published August 16, 1998. Ordinance No. 3431 was read by title. Janet Dougherty, City Clerk, reported the City has proof of publication of an ad published August 16, 1998, in regard to Ordinance No. 343 1. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3431. Mark Platts, 1300 Magnolia Avenue, Sanford reported he has 12 years in planned development and community planning, a number of years in legislative, and he was also a member of the team that won the Public Service Excellence Award this year for the planning process in Orange County. He submitted a copy of the City of Sanford Proposed Hotel and Convention Center Project Consistency Review of Proposed Fort Mellon Park Land Use Map Amendments, August, 1998. Mr. Platts reported the future land use change that is justified in the City documentation is based on a specific development proposal for a hotel/convention center. It should be based only on the merits as a commercial land use request, not a specific project. There is no guarantee a future land use amendment is not tied to a specific development project or site plan, or promise of a developer. There is no guarantee that the project will be built; and if the land is changed to central business district, any uses allowed in central business district. could occupy the site. Further, this Hearing was advertised, and information made available, seven days prior to the Hearing, per State law, but 3 E718672 MINUTES City Commission, Sanford, Florida 7L00 P.M. REGULAR MEETING August 24 1998 the request was substantially changed without public notice within seven days. Specifically, when the ad was published and citizens reviewed the information associated with the Land Use Amendment, they were provided copies of the map that showed all of Fort Mellon Park being changed to central business district, except for Lake Corolla, which has a Land Use designation of Resource Protection. Mr. Plaits also submitted to the Commission a copy of the original map that was proposed for this amendment that shows the whole park, except for Lake Corolla, being central business district; and a copy of the revised map which shows part of the park being used for central business district, and all of Lake Corolla being changed to central business district instead of Resource Protection, the remaining site being public/semi-public lands. Mr. Platts reported this is a huge change that came about in a couple of days. Months and months of planning in this request was changed in a couple of days, and he believes, not legally. The change was not advertised and is substantially different from the original proposal. He pointed out on a map that there is very little public land in the City of Sanford, even including Fort Mellon Park, and now the City wants to make Fort Mellon Park commercial, too. Mr. PIatts reported the sole purpose of having this Public Hearing, and the sole purpose of considering this request, is to decide if the Future Land Use Amendment to change all or part of Fort Mellon Park, and to change the resource protection area of Lake Corolla to central business district, is consistent with the City's Comprehensive Plan. If it is not consistent with the Comprehensive Plan, under State law you can not approve the Amendment. Staff review and documentation presented indicates the Amendment is consistent with the Comprehensive Plan. Mr. Platts contends that it is not consistent, identifying twenty-one specific inconsistencies in his Consistency Review. Mr. Platts reviewed several of the policies and pointed out the inconsistencies they provided to the Comprehensive Plan. These policies included Policy No. 1-2.2.6, Policy No. 1-2.5.1, Policy No. 1-3.3.1, Policy No. 5-1.4.1, Policy No. 5-1.11.2, Policy 6-1.1.1, Policy No. 6- 1.2.1, and Policy 6-1.4.1. He went on to say that Fort Mellon Park is poorly maintained, as are all parks and recreation facilities in Sanford, because the City has abdicated responsibility for maintaining them. Becky McKinniss, 1315 East 241h Street, Sanford reported she is concemed that if the specification of park land acreage per 1,000 people is changed, the Lake Gem park she lives on may be developed as well as Fort Mellon Park. The parks need to be protected, and they need to be maintained better by the City. Dr. Storm Richards, 1804 Maple Avenue, Sanford reported he is a planner and environmental consultant. He reported that COmprehensive Plans are guides, they are not intended to be in stone and not changed. There would be no Evaluation Appraisal or Amendments and there would be nothing to change if they were intended to be static documents. They are dynamic and go with the growth and development of the City. Dr. Richards reported he is a certified archeologist by Federal and State Statutes and Guidelines, and he reported the Park is filled with no less than ten feet of fill. The archeological value would have been long since gone when the sea wall was put up and they put the dredging and the fill behind it. In regard to preserving an important wetland area in Fort Mellon Park: under core USA Army Corp of Engineers delineation, because it isn't hydric source, because it doesn't have a preponderance of wetlands vegetation, because it is even questionable if it is a named lake, it is probably a retention pond that serves for m-off. There is no value in it at all. Muscovy ducks do not constitute a preserved species that need to be saved. The notion of fishing in the pond is absurd. No one has considered that the County and City property together make up the parks, including Lake Monroe, and the St. Johns River Water Management District's involvement must also be considered. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 361 August 24 1998 Dave Freeman, 705 Mellonvile Avenue, reported he would like to pose a couple of rhetorical questions and does not care to have answers. 1 ) Why not declare the people who drew up the Comprehensive Plan as incompetent fools and go from there. 2) Why would a man or woman, of advanced age, plant a tree under which, he knows full well, he will never sit in the shade thereof. Debbra Groseclose, 444 S. Elliott Avenue, reported she and most of the Committee she is a member of, attended a Planning and Zoning Commission meeting on Thursday, and she has not heard the results of that meeting presented and considered tonight. She asked City Manager VanDerworp if he had the recommendations that came from the Planning and Zoning Commission. City Manager VanDerworp reported the Planning and Zoning Commission, by a vote of six to one; i ) Approved amending the Future Land Use Map of the Comprehensive Plan to accommodate the proposed hotel/conference center at Fort Mellon Park, and changing the Land Use designation from public/semi-public to central business and 2) Include properties that had been annexed into the City's limits over the past several years that are' now being brought into the Comprehensive Plan, and 3) to replace the manually drafted version of the Future Land Use Map of 1991 with a digital version. Ms. Groseclose reported that the record shows the Planning and Zoning Commission also recommended approval of the Future Land Use Amendment subject to the City conducting a referendum, and if the referendum passed in favor of the project then they would rescind the recommendation. Carem Gager, reported he was also at the Planning and Zoning Commission meeting and that was very definitely part of the recommendation, and it bothers him that it got lost somewhere along the way. He also reported that when talking about Fort Mellon Park you are talking about something God has given us on the lakefront. The quality of life in Sanford is slowly being destroyed, and this is just another step. Fort Mellon Park is the only park in Sanford you can really call a park, and we need to think about the kids, they deserve this park. Mark Platts, 1300 Magnolia Avenue, reported he wanted to clarify the intention of Section 4 of Ordinance No. 343 1. Section 4 states the Comprehensive Plan is hereby amended to incorporate the recommendations contained in the Evaluation and Appraisal Report. The Evaluation and Appraisal Report very clearly talks about the Amendments in that report that are proposed, and which are not specifically stated, would happen in September, 1999, and he wanted to clarify whether this language was intended to go ahead and change the level of acres of service to 4 acres per 1,000 and amend the provision that protects open spaces. Also, he wished to clarify the Planning and Zoning Commission motion was to approve the Land Use change subject to the City holding a referendum on the issue, and subject to the issue passing. Mayor Dale agreed that the Planning and Zoning Commission did indeed do that, and he has talked with them, and that was their recommendation. City Manager VanDerworp reported, in regard to Section 4 being intended to adopt the proposed amendment, this is a first reading and transmittal hearing on the Comprehensive Plan, and there has to be an adoption hearing. Section 4 appears to be included in the Ordinance for the purpose of background information for the amendment of the Comprehensive Plan. City Attorney Colbert agreed that Section 4 should remain in the Ordinance, pointing out that this is a first reading. This has gone through Planning and Zoning. This is a tmnsmittal hearing, and after Public Hearing it will go for review, it will come back to this body for additional review, and perhaps amendment, further Public Heating, and final action at a later date. A man from the audience reported the 1200 people who honored Officer Gregory chose the Park instead of Denny's -- it's a wonderful place. 362 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August Mayor Dale closed the Public Hearing. He reported that it may appear that everything is being crammed into one meeting, but these things have been scheduled and heard with Staff presentations, and the community involvement part and the staff involvement part, has been going on for over a year and nine months. What has been referred m as remnants that will be left of the Park, will actually be about 8.3 acres, which does not include the two piers, which have to be counted in the recreational aspect. It also does not include the seven miles of Riverwalk that ties this developed park into a County Park six or seven miles down the road. This is a greatly enhanced park and not just crumbs that are left of a park that is there now. Other than the ball field, it is not the community gathering place that it can be with the kind of enhancement that the City is talking about doing. He perceives this as being a great community park, with the amenities that the Commission is contemplating by this proposal. Lake Corolla was not a natural wetland, it is a retention pond. It is posted for no fishing and no swimming, and attempts to stock it with fish have failed. Jay Marder reported he still stands by his report which states that, even taking the nine acres of Fort Mellon Park for development, the City will still be at a surplus for park land by about seven acres. Commissioner Williams reported that if the Commission were to accept Mr. Platts report 100% then they would have to have some serious concems about the City's Planning and Development Department. Even though she has only been on the Commission for going on two years, she has found Jay Marder, whose been in the Planning Department, to be very credible and a man of integrity, and she does respect him in his area of expertise. This is not to say he is perfect, but she does respect him and what he has to say, and how he is responding to Mr. Platt's concems. Jay Marder recommended that, if and when the Commission decides to adopt the Plan Amendment, which includes 40 + sims, that on the Fort Mellon sire it recognizes that it is a "T-crossing, I-dotting" sort of exercise with the Department of Community Affairs. Technically speaking, Lake Corolla is designated on the Future Land Use Map as a Resource Protection Area. This has been well documented. City Attorney Colbert reported that his earlier comments conceming the Comprehensive Planning process also apply to this Ordinance. The courts have demrmined it is a legislative matter and needs to be supported by evidence. The evidence that the Commission is entitled to hear. is not only what it has heard tonight, but also the Staff reports, the prior data that has been presented on this, and the Planning and Zoning review. The result after first reading, if it goes forward, will be a transmittat, it will come back, perhaps with comments from DCA, another Public Heating will be held, and the Commission will have an opportunity to do some fine timing if in the Commission's opinion based on what it hears and sees, that it is warranted from a legislative basis. Mayor Dale reported the Staff recommendation is to approve this Ordinance on first reading. Commissioner Willjams moved to adopt Ordinance No. 3431, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3079 OF SAID CITY, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN, SAID AMENDMENT BEING THE SECOND ANNUAL AMENDMENT; AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT; ADDING PROPERTY ANNEXED INTO THE CITY TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; CHANGING THE FUTURE LAND USE MAP FROM MANUAL TO DIGITAL FORMAT; 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 241998 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 363 August 24 1~8 Appeal of denial by Planning and Zoning Commission to re-establish a non-conforming use (duplex in a single- family zone) at 218 W. 12th Street. Ad published August 13, 1998, property posted August 14, 1998. Mayor Dale reported the applicant has requested that this Appeal be tabled. Commissioner Eckstein moved to table the Appeal. Seconded by Commissioner Willjams 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 First reading of Ordinance No. 3432, re: set a referendum on November 3. 1998 on the development of Fort Mellon Park and lease of said property for the development of a hotel/conference center and city park complex. Mayor Dale reported this was tabled on August 10 to this Agenda. Ordinance No. 3432 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance- No. 3432. No one appeared. Commissioner Lyons reported he has concerns regarding the finance situation of this project, in regard to what the County is willing to put forward, what the City is willing to put forward, if anything at all, and lease agreements. Also, there is a Memorandum of Agreement to be read, and he feels that if the City Commission is willing to commit itself to a referendum, then between the first and second reading the Commission needs to receive this information. City Manager VanDerworp reported a preliminary study could be done of what kind of components and what mixes go in, and keep in mind, especially for the use of long range TDC funds, the City would be entering into an Interlocal Agreement with the County, and there will be negotiations in regard to timing, operations, etc. The summary would be what has been talked about as far as the mix in terms of getting the facility in place. On recommendation of the City Manager, Commission Eckstein moved on the first reading of Ordinance No. 3432, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CITY COMMISSION OF THE CITY OF SANFORD TO DEVELOP A PORTION OF THE PROPERTY GENERALLY DESCRBED AS FORT MELLON PARK AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE; PERMITTING THE CITY TO LEASE SAID PROPERTY IN ORDER TO ALLOW FOR THE DEVELOPMENT OF A HOTEL/CONFERENCE CENTER AND CITY PARK COMPLEX ON THE PROPERTY; SUBJECT TO APPROVAL OF THE ELECTORS OF THE CITY; PROVIDING FOR REFERENDUM ELECTION BY CITY ELECTORS ON NOVEMBER 3, 1998; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Amendment of Memorandum of A~reement with PRA Development and Management, Inc. On recommendation of the City Manager, Commissioner Eckstein moved to approve the First Addendure to Memorandum of Agreement with PRA Development and Management, Inc. 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 Debbra Groseclose, 444 S. Elliott Avenue, asked why the City would extend the time requirement for PRA on this agreement when they have done nothing on the original agreement. They have provided no information. The only 364 E718672 City MINUTES Commission, Sanford, Florida 7: 0 0 P.M. REGULAR MEETING August reason this is being brought up today is because Mark Platts wrote a letter on August 8 saying the City was in non- compliance, and the agreement was null and void, because nothing had been done. Also, PRA did not request an extension. Why, having good business sense, would the City want to do business with someone who had done nothing under a contract for nine months, until it was brought to his attention that he was in non-compliance. Mayor Dale reported that PRA was willing to do all the things in the agreement but with all the opposition that has arisen .... . Ms. Groseclose reported this opposition did not happen during the feasibility study. Mayor Dale reported it did happen during the feasibility study. Ms. Groseclose reported no, they did not even form the Committee until April. Mayor Dale reported he can only answer from his perspective. Ms. Groseclose reported PRA signed the agreement in November, three months later they did not even have their first meeting. Mayor Dale reported that during that three months PRA paid a local architect to come up with a conceptual design. Ms. Groseclose reported Mr. Pacitti was required to put a feasibility study and appraisal before the City, he did not do it, and he did not ask for an extension of time. Mayor Dale reported he has talked about an extension of time and Staff has been remiss in not bringing it before the Commission, which could grant an extension. Mayor Dale asked City Attomey Colbert to comment on the legality of an extension. City Attomey Colbert reported that the Memorandum of Agreement is a one year agreement and that year is not up. It provided within the framework of the Agreement that there would be certain items timely done, but there is nothing in the language of this agreement, as you have in some agreements, which terminates it if those are not done. It is a one year agreement. What is being asked by the developer, and what the Commission is considering, is whether to extend that agreement beyond the year, and extend those times by the time it would take to either have this considered on a referendum, or alternatively, if the Commission for some reason decided not to do a referendum,~ when it ordered them to proceed to fulfiIl the terms of the Memorandum of Agreement. It is not automatically terminated, it would not expire until the end of twelve months if nothing was done, so the Commission is within its rights to approve the Amendment to the Memorandum of Agreement. Mayor Dale reported he does not understand Ms. Groseclose's concem over these issues because if her side wins, all the other things are moot. Ms. Groseclose reported Mr. Pacitti does not care about the referendum any more. Mayor Dale reported certainly he does, he is the one who asked for the referendum. Mayor Dale reported they had to do it either way because when that was passed they didn't know whether or not the City was going to pass the referendum. Ms. Groseclose reported that the Agreement says PRA hereby agrees that the time period for performing the tasks (which they should have already completed) shall begin ten days after a favorable election result is obtained on a City sponsored referendum on the development of Fort Mellon Park. If the City Commission does not present the issue to the voters, PRA hereby agrees the time period referred below shall begin to nm ten days from the effective date of Ordinance No. 3430. So what does he need the referendum for, the City just gave him everything he needed in order to proceed. Mayor Dale repeated at the time that was written they didn't know whether or not the City was going to have a referendum, they had to provide for either way. If the referendum fails, then it will be a moot point, there will be no development. Mayor Dale reported he thought what was important to Ms. Groseclose's Committee was the referendum, and the Commission passed that unanimously. Mayor Dale asked Ms. Groseclose, "why are you scared for it to go before the people, isn't that what you were trying to do?" Ms. Groseclose reported it doesn't make any difference because the Commission already gave Mr. Pacitti the right to do what he wants to do. Mayor Dale reported not if the referendum fails, it would override anything the Commission has done. Ms. Groseclose reported it is not worth getting into, the Commission is going to do whatever it wants to do anyway. Mayor Dale reported the Commission is going to take it to the people. The Commission believes this is the best thing to 24 19 98 i~718672 MINUTES City Commission, Sanford, Florida 7: 00 P.M. REGULAR MEETING Auqust do and it is proceeding with it under that belief. If the people say no, the Commission will not do it. Ms. Groseclose reported just like he worked with them on the referendum wording. Mayor Dale reported he did not say he would work with them, he said he would meet with them. He told them from the very beginning, from the first time that this was brought up, he would not be in favor of their language. He told them where he stood, and they know where he stood, as an individual Commissioner, from the very beginning. Ms. Groseclose reported she just thought it would be fair. Mayor Dale reported he thought it was fair and Ms. Groseclose said it was for him. Mayor Dale reported fairness is a matter of opinion, and the opinion of the voters in November is what will direct this Commission. Commissioner Lessard asked Ms. Groseclose if she thought the Commission wasn't going to take this to a referendum. She answered she didn't know. He then asked Mark Platts if he thought the Commission was going to take this to a referendum and Mr. Platt said he had no idea. Condemnations - time extensions. City Manager VanDerworp reported Staff recommends the property at 111 Cedar Avenue be considered at the next Commission meeting and it will be on that Agenda. He further reported that a permit has been pulled for the property at 3 15 Pecan Avenue and no action is required. Bid Number IFB97/98--100, Computers (Finance Department). City Manager VanDerworp reported that Staff recommends to reject all bids and continue with the state contract. Robert Peters, 7309 Forest Hill Court, Winter Park, and Bob Rivera, 4825 Warden Circle, Orlando, of the Florida Computer Company, reported when this issue was tabled two weeks ago they were informed that the City had a bid from the State on a different computer. He found out the specifics on the computer and presented a bid from Florida Computer Company on the same equipment. Also, they have provided Mr. VanDerworp with a statement of a three year warranty which was a Commission consideration provided they are awarded the contract. Mr. Peters reported they are a local company and they are more than willing to perform on the contract. Commissioner Lyons moved to award the contract to Florida Computer Company. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Boards: appointments/reappointments. Historic Preservation Board: Commissioner Lessard moved to appoint Fred Rogers to the Historic Preservation Board. Seconded by Commissioner Lyons 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 Mayor Dale reported appointments to the Citizens Advisory Board, Code Enforcement Board, Fire Pension Board, Nuisance Abatement Board, Police Pension Board and Sanford Airport Authority will be postponed until the meeting of September 14, 1998. 365 24 19 98 366 E718672 MINUTES City Commission, Sanford, Florida 7: O0 P.M. REGULAR MEETING August Consent Agenda. City Manager VanDerworp reported a request to remove from the consent agenda for separate vote the recommendation from the Cemetery Advisory Committee to demolish the gazebo and brick building in the cemetery, and to construct restrooms. He recommended to demolish the gazebo only and direct Staff to inspect the building and see what kind of architectural improvements are needed, if any, to restore it to a usable condition, and not to fund the restrooms at this time because it is not in the budget. Commissioner Lyons moved to table the issue of the recommendation from the Cemetery Advisory Committee. 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 City Manager VanDerworp reported that the Staff is still waiting for some late infonnation regarding the commitment letter for stormwater line of credit loan, and he is requesting it be tabled until the September 14, 1998 meeting. Also, the Interlocal Agreement for Reconstruction Activity Extension has been rescheduled with the County, and he is requesting that this be tabled until the September 14, 1998 meeting. Commissioner Lessard moved to table the commitment letter for stormwater line of credit loan and the Interlocal Agreement for Reconstruction Activity Extension with the County until the September 14, 1998 meeting. 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 Commissioner Williams moved as follows: Pay statements from: (1) Stenstrom, Mclntosh, Colbert, Whigham & Simmons, P.A. for Professional Services for July, 1998 in total amount of $7,274.20. (2) Muller, Mintz, Komreich, Caldwell, Casey, Crosland & Bramnick, P.A. for professional services from July 7, 1998 through July 31, 1998 in the amount of $890.51. (3) Foley & Lardner for professional services through June 30, 1998 regarding City Coal Gasification Plant in amount of $1,298.65. Acknowledge two (2) invoices in total amount of $114,392.24 from Prime Construction ($10,000.00) and Maxwell Contracting ($104,392.24) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 1990 and November 5, 1991: Acknowledge information items from Planning and Zoning Commission meeting of August 6, 1998. Approve beer sales at a Special Event in Ft. Mellon Park on Tuesday, August 25, 1998, from 5:30 P.M. to 7:30 P.M. This will be a Rally by a private organization to support a Hotel & Conference Center. Appoint City Manager Tony VanDerworp as Public Safety Administrator. Adopt criteria for free veteran's burial spaces, using Poverty Income Guidelines, as recommended by Recreation and Parks Director. 24 19 98 E718672 MINUTES 3 6 7 City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 24 19. 98 Accept and approve proposal in amount not to exceed $16,209.00 from Ardaman and Associates, Inc., to provide groundwater monitoring at the Art Lane landfill. 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 Nay Commissioner Lyons Aye Add-on items. City Manager VanDerworp reported the Commission wished to consider funding the five 20 amp cimuit breakers for the Boys and Girls Club. Commissioner Lessard moved to approve adding five 20 amp breakers to the Boys and Girls Club on the west side. 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 City Attorney's report. No report. City Clerk's report. No report. City Manager's report. No report. City Commissioners' reports. Commissioner Eckstein - moved to reconsider the computer contract with Florida Computer Company. Commissioner Lyons reported he made the motion to award the contract to Florida Computer Company, and Commissioner Lessard reported he made the second and would be willing to reconsider as well. Commissioner Eckstein reported after discussion with the Finance Director he feels he needs to change his vote. The motion to reconsider was seconded by Commissioner Lessard. Mayor Dale reported the motion is to vote against the City Manager's recommendation and award the bid to Florida Computer Company. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Willjams - No report. Commissioner Lessard - No report. Commissioner Lyons - No report. Mayor Dale - No report. 368 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 2419 98 The being no further business, the meeting was adjourned. Attest: mr