Loading...
091498 ws/rm min.E718672 MINUTES City Commission, Sanford, Florida 4:00 P.M. WORK SESSION 371 September 14 1~8 The City Commission of the City of Sanford, Florida met in Work Session on Monday, September 14, 1998, at 4:00 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 Assistant City Attorney Catherine Reischmann City Clerk Janet R. Dougherty City Attomey William L. Colbert The Chairman reconvened the meeting. Employee of the Month Award. Mayor Dale presented Leon Hampton with the Employee of the Month Award, reporting he had been with the Sewer Division/Utility Department for eighteen years. Mayor Dale read comments from Mr. Hampton's supervisor which lauded Mr. Hampton's dedication and performance. Nuisance Abatement Board. Marveen Kelly, Chairperson of the Nuisance Abatement Board, presented a general update of what has been accomplished since the Nuisance Abatement Board was created. She reported the Board has handled eleven cases since December, 1996. Only one of those cases was actually fined. The criteria for a case to come before the Nuisance Abatement Board is there has to be two arrests on a property within the last six months. It has to be either drug, prostitution or gang related. Most of the cases were handled with letters or rehabilitative steps. There have been cases where lots have been cleaned up, more lighting has been added where there was drug traffic, and recently the Board is working on removing pay telephones which it is believed are being used for drug activity. The largest case that the Board worked on was on Bay Avenue, where there was drag activity, disorderly conduct, disturbances and gambling. The Board was successful in getting a right-of-way signed, more lighting, and fencing installed. Since these accomplishments there has not been any need for police service at this location. Ms. Kelly reported that the processes the Board goes through are very timely, and they are short one member at this time. Also, the information flow to the Board is improving, but there have been a lot of constraints put on the Board by the government. The Board feels that progress is being made when the Board can correct situations and eliminate police response in some cases. Commissioner Lessard asked how Ms. Kelly and the Board felt about the Florida Supreme Court Decision that took away the Board's enforcement power. Ms. Kelly reported there is frustration because of the time period of letters going out. Ms. Kelly thanked the Sanford Police Department and the City secretaries for their support. Downtown parking. Ron Rose, Executive Director of the Sanford Chamber of Commerce, reported there were a lot of complaints about ticketing in the downtown area. The parking time limit had not been enforced for quite some time and then the Police started to enforce it. Mr. Rose reported he contacted the downtown merchants to receive a consensus of what parking requirements should be adopted by the City for the downtown area. A memorandum was distributed to all downtown merchants to get their thoughts about parking. Also, a letter was sent to ChiefDillard explaining the issue. As '372 MINUTES City Commission, Sanford, Florida 4: 00 P.M. WORK SESSION September 14 98 19-- a result of one-on-one conversations with the merchants, suggestions were made to install parking meters, have a four hour parking limit instead of two hour, and add or delete loading zones. Mr. Rose met with the president of the Downtown Merchants' Association, Rami Yosefian, and his partner, and they compiled information which had been gathered stating the majority of merchants favor a four hour parking limit, designated loading zones, spreading out the handicap spaces in downtown, continuing free parking in city parking lots with adequate directional signage to the free parking lots, and increased police car patrol in the evenings and at night. A letter was sent to City Manager Simmons outlining these results, with the signatures of endorsement from downtown merchants. Mr. Rose reported the biggest concern is that people coming to Sanford to shop and eat do not have enough time to do so without getting a ticket. He reported that most people, if they went to a town and received a ticket, would hesitate to go back to that town again. With a four hour parking limit these same people would have ample time to shop and eat without getting a ticket. Mayor Dale reported the two hour parking Ordinance is being enforced because the public demanded that it be enforced. He also reported he would like to have a public hearing on this issue before the Commission takes any action. Commissioner Eckstein asked how to prevent merchants from abusing the four hour parking by parking in from of their stores. Mr. Rose reported the two hour parking is being abused by the merchants now, and there is not much that can be done about it, but they are only hurting themselves. Commissioner Willjams reported that people seemed to be upset not because the parking is now being enforced, but because for so long it had not been enforced, and they felt they should have had some notice that it was now going to be enforced. Also, she suggested possibly some area in the City be set aside strictly for merchant parking. Commissioner Lessard reported the City owns a parking lot about two blocks off of first street, at the comer of Second Street and Oak Avenue, that could accommodate approximately ninety cars, and is empty all day. Maybe merchants could use that parking lot. City Manager VanDerworp reported he needs to gather some further information and then it could go to a public hearing. Mayor Dale reported the existing Ordinance could be held in abeyance while Staff works with several groups and then the Commission could hold a Public Hearing. Assistant City Attomey Reischmann reported the City could enact a temporary moratorium, or a motion could be made to hold enfomement in temporary abeyance for six weeks or so to study it. The Commission concurred to vote tonight to hold the Ordinance in temporary abeyance. Demolition of the gazebo and earetaker's residence at the cemetery. Mayor Dale reported the Cemetery Advisory Committee recommended to demolish the gazebo and caretaker's residence at the cemetery. Nell Snow, Sanford citizen, reported the United Daughters of the Confederacy hold an annual ceremony in the gazebo in April, on the anniversary of the end of the Civil War, and place confederate flags on grave sites of the confederate veterans for the day, then remove the flags in the evening. There are perhaps other groups that use the gazebo for similar activities. Also, the gazebo is a good resting place for those visiting the cemetery who feel the need to sit quietly and collect their thoughts. Ms. Snow further reported it would be wise~to main~n the caretaker's residence as a home for the caretaker, because if someone was on the premi2~s i1 would deter acts of vandalism. Also, possibly there could be restrooms on the first floor of the residence for the t~Xaefit of the l~ople who visit the cemetery. E718672 MINUTES City Commission, Sanford, Florida 4: 00 373 P.M. WORKSESSION September 14 19 98 Commissioner Lyons reported members of the Museum Board also say there is a lot of history behind the gazebo, but they did not know of any historical significance of the caretaker' s residence. Howard Jeffries, Parks and Grounds Maintenance Coordinator, reported the caretaker's residence was in the cemetery in 1926, and was used as a caretaker's residence until about 1985. There is a storage area in the basement of the residence. One of the problems with the building is it does not have a first floor, just a second floor and a basement. Commissioner Lyons reported possibly the gazebo should be restored and the caretaker's residence demolished. Mayor Dale reported that both the gazebo and the caretaker's residence are centerpieces to the cemetery, and a focal point when people drive by. Mr. Jeffties reported the Cemetery Advisory Committee's concern was the condition of the structures. The brick building has been unoccupied for the last thirteen years and has deteriorated a lot. The original intent of the gazebo was for funeral services in inclement weather, and now a tent is set up wherever there is a funeral service. It would cost approximately $30,000.00 to restore the gazebo and almost $17,000.00 to restore the brick building. The Executive Board of the Sanford Historical Society, Inc. has guaranteed that the Society will raise $15,000.00 for the restoration of the gazebo, on the condition that the City of Sanford offers matching funds for this effort. Bob Walter, Professional Engineer, reported the gazebo is repairable. The main structure inside is coming apart at the bottom of the roof, and additional anchoring of the roof may be needed to bring it up to code. The roof needs to be reshingled and repairs need to be made to the wood decking in the roof. The ceiling and the columns need to be replaced. David Beitz from Seminole County inspected the building and recommended demolition, and he felt the $30,000.00 estimate for the gazebo restoration and $17,000.00 for the brick building restoration was a low estimate. The gazebo is 80 feet across, maybe a little more than 500 square feet. Mayor Dale reported it would cost about $5,000.00 or $6,000.00 to re-roof it. Commissioner Eckstein asked what a restored gazebo would be used for. Mayor Dale reported, aside from the historical significance, it is a centerpiece, and if it was restored people would use it. Commissioner Eckstein and Commissioner Lyons felt that the gazebo and brick building are not both needed. Mayor Dale disagreed. Mr. Walter reported one option would be to remove the gazebo part and leave the brick wall and benches as a focal point, maybe adding a fountain or a statue in the middle. For special meetings or ceremonies a tent could be put up similar to what is used for funerals. Commissioner Lyons reported that a-restroom might be a good idea for use by both the public and the maintenance crews that work at the cemetery. Mr. Jeffdes reported there is a restroom, with no water, at the cemetery now. He reported his office has received calls from both the Historical Society and the Trust offering to help in any way they can to save both the structures. Mayor Dale reported he supports saving both structures, with the brick building possibly restored as just a shell to be a focal point, and to use for storage. City Manager VanDerworp reported the building has been boarded up and the gazebo has been roped off with police tape. The building could be restored for ground maintenance, which may be less costly than trying to restore it as a residence. He also reported the provision of restrooms at the cemetery should be addressed. The Commission concurred to vote on this tonight. .374 E718672 City MINUTES Commission, Sanford, Florida 4:00 P.M. WORK SESSION September 14 19.98 Solid Waste RFP. City Manager VanDerworp recommended that the Commission appoint another committee made up of himself, the Finance Director, a representative from a public works department in another jurisdiction that has knowledge of the solid waste business, and a City resident or a user of the service. He has contacted Jim Marino who is the new Public Works Director for the County and who ran the solid waste operations for the Navy in Japan. He asked the Commission for direction as to whether they want the City Manager or a second committee to make the recommendation, and whether the short list of bidders should be reviewed, or go through another RFP process. Commissioner Williams reported service should be included in the criteria for review. The Commission concurred a second committee should be formed as outlined by City Manager VanDerworp, and the committee should rank all six respondents for final decision by the Commission. Also, a resident will be nominated at tonight's meeting to be a member of the committee. Mayor Dale suggested Ed Bossert might be considered. Commissioner Willjams suggested maybe someone should be chosen by the employees, who is not an employee. Boards. City Manager VanDerworp reported that a letter had been received from Linda Kuhn stating she does not wish to be re-appointed to the Citizen's Advisory Board. Also, he received a telephone message from Bill Miller stating he wished to be re-appointed to the Airport Authority Board as his application indicated. Mayor Dale reported he also had indication from Mr. Miller that he wished to be re-appointed. Mayor Dale reviewed the other Boards that require appointments. Mayor Dale reported Bill Miller brings development experience to the Airport Authority Board, and Many Herbenar, who has applied for appointment to the Airport Authority Board, chaired the Economic Task Force for the County and is also in commercial construction. These are two areas where the Board is lacking. Seminole Club proposal. City Manager VanDerworp reported that on September 8; 1998, the City received a proposal for settlement on the golf course. The settlement amount is $66,451.00. The City Attomey's office has not reviewed this settlement in any detail, and it would need to be changed in the interest of the City. A copy of the proposed settlement has been provided to the Commission as information. Mayor Dale reported this proposed settlement needs to be reviewed by both Legal Counsel and Staff, not only in regard to the monetary part, but all the other issues as well. The Commission City Manager VanDerworp reported he will bring a revised proposed settlement to the next Commission concurred. meeting. Other items. City Manager VanDerworp reported Commissioner Lessard has a presentation to make at the beginning of the meeting. He further reported that he had received a message from Kay Bartholomew in support of the proposed conference center and hotel. City Manager VanDerworp briefly outlined the agenda items for the 7:00 regular meeting: He brought to the Commission's attention that they had received tonight a revised Ordinance No. 3429, amending the Classification and Pay Plan. It was revised to include some reclasses that were discussed at the budget meeting, and also a title and position change in the Planning and Engineering Department. The City is adding eight new positions, five reclassifications and a ,:4-1 ~ ~1.,. .... :~ 1'1,1~: .... A E"__~.;__~.,,-; .... ,1.,.;~/,, ,,,;11/.,~ T~,, 7', .,4'~A~ +~ T'~.;~+ .... A ,'h,~ t'~-h-, E'~; .... +~+1~ /'~m~-l~__~Y E718672 MINUTES City Commission, Sanford, Florida 4:00 P.M. WORK SESSION 3 September 14 1998 Williams reported the Deputy City Manager may need a full time secretary of his or her own instead of sharing one with the City Clerk. City Manager VanDerworp reported if it doesn't work there will be an organizational chart change. City Manager VanDerworp briefed the Commission on the status of a surcharge for emergency calls. He and the City Attorney have solicited opinions from attorneys in other cities to see if something similar is being done in their respective areas, and how best to go about it. Commissioner Lessard and the City Manager are meeting with Chief Dillard tomorrow to discuss this possibility further, as well as employees driving home City vehicles. Commissioner Lessard will discuss the excessive emergency calls and some possible solutions at the meeting tonight. Mayor Dale reported he would like the Commission to consider changing the budget by earmarking $25,000.00 for the Chamber of Commerce. He will bring this up tonight. City Manager VanDerworp reported a letter has now been received from Linda Kuhn stating Sanford Main Street does not want the street closure as previously requested and listed on the agenda. This item will be removed from the agenda tonight. City Manager VanDerworp reported the Commission has just received Resolution No. 1797 authorizing the Commission to expend public funds to disseminate information on the referendum. This will be considered tonight. Commissioner Eckstein reported a "not to exceed amount" should be included in the Resolution and the Commission concurred. There being no further business, the meeting was adjourned. Attest: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING Septembe~4, 1998 The City Commission of the City of Sanford, Florida met in Regular Meeting on September 14, 1998, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Director. Presentations. Hubar. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner Kerry D. Lyons Assistant City Attorney Catherine Reischmann City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Mayor Dale announced Victor Whim had been hired as the new Orlando/Sanford Airport Executive Commissioner Lessard presented the District 1 "Citizen of the Month" award for September to Jenny Mayor Dale presented a Certificate of Appreciation to Bill Marcous, Project Administrator, from the Florida League of Cities, Inc. for his contribution of an article regarding the City of Sanford Services Guide, which article appeared as part of the 1998 City Innovations Showcase in a Florida League of Cities, Inc. publication. Public Hearing to consider tentative Budget and Proposed Millage for FY 98/99. Mayor Dale announced the proposed millage rate of 6.87 mills exceeds the rolled-back rate of 6.6928 by 2.6476% and this is necessary for the City to provide continuing level of City Services in the face of inflation and to meet increased demands for service. Mayor Dale announced the Commission would hear any public comment on the proposed FY 98/99 tentative budget. A. Doreen Freeman, 705 Mellonville Avenue reported she was concemed about the Solid Waste" Division, and whether or not it will be privatized. Mayor Dale reported this is a proposed tentative budget for the Solid Waste as it exists now. B. Art Harris reported he did not understand why the paper said there would be a tax cut, and then when he got his notice from the County his taxes had increased $7.00. Mayor Dale reported the millage rate now proposed for adoption does decrease the millage by .0759 mills from the millage rate. The reason the taxes go up is because the assessed value, calculated every year by the Property Appraiser, goes up. To have the same amount of money from the increased assessment would take a less millage rate. The City does not do the appraisals or set the value of the property, it has to set a millage rate that brings in the money necessary to operate the City. The millage rate has actually gone down, but the assessed values have gone up. Commissioner Eckstein moved to adopt the proposed millage rate of 6.87 as the tentative millage rate. 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 Mayor Dale reported he would like to increase funding to the Chamber of Commerce from $17,000.00 to E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MTG. 377 September 1~998 $25,000.00 with the $8,000.00 to come from reserves. He reported the Chamber of Commerce can provide services that the City staff does not deal with, and that would assist the Community Development Department and other areas. Further, other Chambers are taking a bigger lead in the development of Seminole County, and as the county seat he would like to see the Sanford Chamber be able to interact more forthtightly, especially with the City of Lake Mary/Heathrow Chamber of Commerce, and the Greater Seminole County Chamber of Commerce. Commissioner Lyons reported the City could instead hire an additional person; and that the Commission previously increased the Chamber' s budget to $17,000.00 on the condition that they use the additional $7,000.00 for economic development at the Airport, providing an information station. It appears they misappropriated those funds and spent only half of them on that economic development. Further, the Chamber of Commerce has not made a good argument for the increased funding. The Commission took no action to increase the funding for the Chamber of Commerce. Lessard. Commissioner Eckstein moved to adopt the tentative budget as presented. Seconded by Commissioner Doreen Freeman, 705 Mellonville Avenue, reported she takes issue with the fact the Chamber of Commerce is given money from City funds. The Chamber is using her tax money to promote the development of the hotel/conference center by having a rally in the park. She does not want to give the Chamber any more money than what they already have if that is the way they are going to use it, she does not feel it is fair to the citizens of Sanford. The foregoing motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Mayor Dale closed the Public Hearing on the tentative budget for 1998/99 and announced that the public hearing to adopt the final millage rate and the final budget will be held on September 28, 1998, at 7:00 o'clock P.M. in the City Commission Chambers. Citizen participation. A. Doreen Freeman, 705 Mellonville Avenue, reported the lighted barge on the other side of the lake doesn't seem to be doing a significant job on the midge situation. For the last four nights it has not been lit at all. She asked how this is progressing. Mayor Dale reported there has been considerable public misunderstanding about the barges. The barges are a research project. The $100,000.00 which was funded through the State, through the Institute of Food and Agricultural Sciences at the University of Florida, was funded as a research project. The barges are a small scale research project to research various ways to control the midges, and Mayor Dale has been told by Dr. Ali, the expert on the project, that his research is proceeding very well. The barges are not large enough, and this was never intended to be a practical solution to controlling the midges. He does not operate the barges every night for lack of manpower and money. Regarding the solid waste issue, Ms. Freeman reported she has lived in Sanford for twenty-nine years and has been very satisfied with the service provided by the City employees who have always been very courteous and very thorough in their job. The City, in bidding to seek outside sources (independents) to take over this duty, might be overlooking the fact that the employees are very loyal and dedicated employees and have served the City very well. She 378 E718672 MINUTES City Commission, Sanford, Florida 7: O0 P.M. REGULAR MTG. September 14 19 98 does not feel the citizens will get that kind of service from an independent. She reported she can depend on the City to pick up whatever she puts out, and questioned what rules and regulations the citizens will have to follow under an independent company's procedures. She would like to see the City's sanitation department saved, she doesn't .feel $1.00 or $2.00 more per family service constitutes dissolving the City Department. B. Cynthia Oliver, St. Matthews Missionary Baptist Church, 3724 East Main Street, read a letter addressed to Mayor Dale thanking him, Commissioner Willjams, Commissioner Lessard, Charles Rowe and Carla Thomas for the support given to the Education and Juneteenth Ministries of Midway in their efforts to educate people about Juneteenth and its significance in black history. It was a great success. The St. Matthews church family regrets and apologizes for the negative commentary that erupted from the platform in regard to Mayor Dale. The celebration was not a day for political rhetoric, and the committee was pleased to immediately cancel the speaker. The letter was signed by Reverend Leonard Wilson, pastor of St. Matthews Missionary Baptist Church and Ms. Oliver, chairperson of the Juneteenth Celebration committee. After reading the letter Ms. Oliver presented, on behalf of the St. Matthews Missionary Baptist Church, a plaque to Mayor Dale and the City of Sanford for outstanding services and participation at the first annual Juneteenth Celebration, June 20, 1998. Ms. Oliver also thanked the Public Works and the Recreation Departments. C. Carmer Davis, 201 Tyler Drive, reported he is again before the Commission about his boat, and to ask that the Commission give him some consideration about his boat and his request. City Manager VanDerworp reported a work program will be presented to the Commission the first meeting of October in the hopes that it will be a high priority. Mr. Davis reported he did not understand why it was so difficult to amend an Ordinance that has no useful purpose. The Ordinance is not enforced, and what enforcement takes place is selective enforcement. When the Ordinance was passed Mayor Smith said "well let's go ahead and pass this Ordinance, but we won't enforce it now." Mayor Dale reported selective enforcement is illegal, and passing an Ordinance and saying you are not going to enforce it is illegal. If there is an Ordinance, and a citizen wants it enforced, it must be enforced. The Mayor agreed that if the City does not want to enforce the Ordinance, then it needs to amend it. City Manager VanDerworp reported again that there is a number of issues the Commission requested be looked at, and they will be presenting those at the first meeting in October, and at that time he will be looking for direction as to the priority this issue gets. He will provide a report memo to the Commission regarding selective enforcement. The Commission concurred to have this issue placed on the next Work Session. D. raising the speed limit on Mellonville Avenue than it was down to 25 mph again between 15th Street and 251h Street. He doesn't believe that there is logic in the theory that if you reduce the speed limit speeders will slow down. Mellonville Avenue should not be sectioned off into different speed limits. He requested the Commission raise the speed limit back to 35 mph and make a conscientious effort through police enforcement to catch the people who may or may not be speeding, at least more than five miles over the speed limit. Mr. Freeman reported the patrol officers were giving tickets about two weeks ago in the area of 24th Street (the 2400 block) and he would like to know how many tickets were written over speeds of 39 mph. Mayor Dale reported the Commission d~o~s not have that~.~rmation, but it can be obtained. In the meantime, Mr. Freeman asked that the speed limit be raised because 25 rn~,i~ i~propriate. Dave Freeman, 705 Mellonville Avenue, reported that no sooner had he thanked the Commission for E718672 City MINUTES Commission, Sanford, Florida 7: 0 0 P.M. REGULAR MTG. 379 September 14 19. 98 E. Janice Leombruno, 147 Mellonville Avenue, reported that people traveling north on Mellonville Avenue go terribly fast because once they reach the Celery Avenue stoplight there is nothing there, it is a straight run. The way the road is "dug in" at Mellonville Avenue and 2nd Street, people bounce off in a joy ride causing sparks to fly from under the cars. The speeding between 6:00 a.m. and 8:00 a.m. is especially bad. They bring signs about 9:30 a.m. or 10:00 a.m. in the morning after the traffic has dissipated, and they take them away by 4:30 p.m. The speeders come at night. If the speed limit is at 25 mph people will go 35 mph, whereas if it is 35 mph, they will go 45 mph or 50 mph. Ms. Leombnmo also reported that if the hotel complex is developed people going down 1st Street will see the back of the complex with dumpsters and chain link fences, and it will totally obliterate any sense of looking up at the stars because of all the bright lights. The elde~y citizens who live in the apartments facing the ball fields sit in their windows and watch the children play ball, and now all they will see is the back of a concrete building. Also, consideration should be given to how many trucks it takes to service a complex like this, and the routes they will use. She also doesn't understand how 300 rooms a night are going to be sold in Sanford, and how 1,100 jobs are going to be supported. Approval of minutes. Commissioner Lyons moved to approve the minutes of the August 24, 1998 Work Session and the August 24, 1998 Regular Meeting. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public hearing to consider the second reading and adoption of Ordinance No. 3432, re: set a referendum on November 3. 1998 on the development of a portion of Fort Mellon Park and lease of said property for the development of a hotel/conference center and city park complex. Ad published August 27, 1998. Ordinance No. 3432 was read by title. The ballot language included in the Ordinance was read as follows: Should the City allow a City. park and hotel/conference center on Fort Mellon Park? To enhance economic development, job opportunities and park amenities for City residents, the City Commission of the City of Sanford is authorized to lease a portion of Fort Mellon Park, to enter into contracts and to authorize development of the Park for a hotel/conference center and City Park complex. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3432. A. Doug Groseclose, 444 South Elliot Avenue, reported he strongly disagrees with the ballot language becau~se it unreasonably favors one side in this question, but he would like the Commission to vote for this Ordinance and get this issue before the people and let them decide. B. Carem Gager, 1209 West 19th Court, Sanford, reported he is 100% for the positive aspects of Sanford, but he has watched it go down hill in many ways and this convention center in a park, and a hotel, will be the final nail in the coffin of Sanford. It will not longer be fit to live in for the people who came to Sanford for the purposes they came for. He reported he found the ballot language confusing and asked to have it read again. Assistant City Attorney Reischmann reread the ballot language. Mr. Gager reported that he felt the first sentence was all that was needed on the ballot. no vote. He felt the Commission is trying to IConfuse tX~ople, and it should have language simply asking for a yes or C. Wayne Cummim,s. 132 Mavfair Circle_ Sanford_ renDrted he ha.~ wnrked in n. hlie ~erviee all hie 380 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MTG. September 14 1998 life, and his last public service job was with Seminole County as a building inspector. He often had to enforce laws that were hastily put before him by elected officials. He feels the hotel project is the new way people look at the economy. The people of Sanford don't care about the project, only a few who will make money on it. It is the second wave of carpet-baggers. D. Debbra Groseclose, 444 South Elliott Avenue, reported the Commission needs to pass this Ordinance and let this issue go to referendum. This is one of the biggest issues that Sanford and its citizens have ever faced. The people need to have an oppommity to speak. E. Lauren Gordon, 1315 East 241h Street, reported she is not old enough to vote, but she loves Sanford, and she doesn't appreciate a lot of the things that are being done. She doesn't understand the referendum language, it should be a simple yes or no answer. She doesn't understand how the Commission can just pass things in two seconds without thinking about it and that is the final say. She feels the Commission should think about it, and let the people vote. The citizens live here, why would they want a hotel. A hotel is for tourists and Sanford is a small town, the citizens don't need that. It should remain a small town. With a hotel, traffic, tourism, etc. will increase and that is scary because with that there will be an increase in crime, just like in Orlando. F. Grace McCarty reported the hotel would be good for Sanford and bring jobs. She doesn't feel the referendum wording is difficult to understand, people just don't want to understand it. People didn't want the mall to come to Sanford, either, but now those people are shopping at the mall. The hotel will bring a lot of good things to this City. G. memories of the park. Ada Sires, 2631 South French Avenue, reported if you lose the park, you still can't lose your The rally for the hotel was a big success in the park. Giving Fort Mellon Park to developers is like Orlando giving Eola Park to developers. The people don't want to lose their park. Also, the lake has flooded and will flood again, who will take the responsibility for damage to these expensive buildings when it does flood again. The plans are beautiful, but the pictures depict a boat's-eye view. Not everyone will be looking at the hotel from a boat. Furthermore, the City will be taking away a road she calls "Therapy Lane", because many people drive down that road and do some hard thinking. Maybe ramps could be put over the road so the citizens can still have their road on the lakefront. Progress does not mean giving away the citizens' most cherished park to developers, it means sensible planning by smart community representatives. Develop any time you want to, even in Sanford, but not in the park. H. Melissa Steel, 2609 Mohawk Avenue, reported Fort Mellon Park and the ball park keep kids out of trouble. We need a park, not a conference center. I. Alfred DeLattibeaudiere, 807 Sanford Avenue, reported the park should not be demolished for a convention center, which Sanford doesn't need. Build the convention center where people can drive to it in their cars. To move the park would mean using the citizens' tax dollars to make new parks. J. Becky McKinnis, 1315 East 241h Street, reported she has doubts that this will go to referendum, and she doesn't like the wording because it sounds like an advertisement. K. Janice Leombruno, 147 Mellonville Avenue, reported the mall is wonderful and is four miles from downtown Sanford -- it is where it is supposed to be. That is where the hotel should be, accessible to the mall and all of the restaurants, and close to I-4. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MTG. 381 September 14 ]998 Commissioner Eckstein reported he heard these same comments when the issue of the mall was before the Commission. People said Sanford could never support a mall, and now the Sanford mall is doing better than the Altamonte Mall, and much better than the Oveido mall. Sanford shotrid not be belittled by saying it cannot support this hotel or a mall. Ms. Leombrtmo asked why the Commission would take something away from the citizens and the residents of Sanford and give it to strangers. A lot of people can't afford to do anything else but enjoy the park. Commissioner Eckstein reported there will be about $200 million worth of amenities put into it, including a boardwalk going all the way to the bridge. Things are being improved. Commissioner Lyons asked if it wouldn't be nice to go shopping. Ms. Leombruno asked how will 300 rooms be filled to support the salaries of this hotel. Commissioner Lyons reported the developers will do their own feasibility study, and if they find Sanford cannot support the hotel, then more than likely the development will not be built. L. Thelma Mike reported it is her understanding that this will be on the ballot November 3rd for the public to consider, for the public to say yes or no. Those who can understand the language can help those who do not. There is time before November 3rd for everyone to hear and discuss this issue so they can understand it a little better. Mayor Dale reported he thinks the language is very clear and not hard to understand at all. M. Art Harris reported people did not oppose the mall, what they opposed was all the money being given away for roads for the mall. Why did Sanford give away all that money when Oveido got paid for their mall, and the company in Oveido built a bridge across the turnpike. Commissioner Eckstein reported that in 1990 or 1991 the people who built the mall were going to go somewhere else, and the Commission could not take that chance. N. Doreen Freeman, 705 Mellonville Avenue, reported she is glad the Commission voted to build a new swimming pool because it is really needed. She further reported she enjoys the park with her grandchildren, and the park is definitely being utilized. The newspaper reports are contradictory and confusing. At the Chamber meeting Mayor Dale stated nothing will happen to the Civic Center and the marina, and the Chamber building and Sanford museum will stay right where they are. Only the eastern part of the park is being considered. Yet, the proposed drawings show it will eliminate the Civic Center, the Senior Center and the Chamber of Commerce. She suggested the City have an updated notebook available to any citizen who would like to come into the City of Sanford, where they can leaf through and get exact figures and get the actual facts for themselves, and see on paper exactly what it is that the City is proceeding with. Mayor Dale reported the City is working on that. Ms. Freeman further reported the Commission, when dealing with the media, should be consistent in what they say or make no comment. Also, the Commission is in violation of their agreement with PRA, by totally ignoring the steps that PRA agreed to do. PRA has not yet done one thing. The agreement was signed in November, 1997 and PRA was to submit to the Commission a feasibility study within three months of the date it was signed. As of this date no feasibility study has been done. Why is the City proceeding with this when it doesn't even know if it is feasible. Ms. Freeman quoted from the agreement that "this agreement is not intended to obligate the City to any particular course of action with PRA, or this project, but it is intended as an expression of interest to obtain more data and to consider the data in determining whether or not to move forward with the development". The City has gone ahead and voted on the Comprehensive Plan, the rezoning is being considered tonight, and still there is no feasibility study. What happens ifPRA decides this is not a good idea? Sanford is going through with the expense of doing all these things, only for a chance that 382 E718~72 MINUTES City Commission, Sanford, Florida 7: O0 P.M. REGULAR MTG. September 14 19 98 PRA may develop here. That is not good business. Ms. Freeman referred to the study that was done by Seminole County Tourism in 1994, and updated in 1997, stating that in the 1994 study it said that a convention center was a losing proposition. Orlando Expo is in debt, and has been for the last ten years, to the rune of $ 100,000.00 a year. They can't even give it away, and can't even give it to the Marriott, the hotel that compliments it, because Marriott is in arrears of rental to the City to the tune of $537,000.00. The Expo has even less footage than the conference center that the Commission is contemplating building in Sanford. If the Expo in Orlando can't make it, what makes the Commission think it can be done in Sanford. The City is going into this thing with blinders on. The Commission needs to investigate thoroughly before putting money into such a situation. The only reason Sanford was the number one choice for a convention center is because it is the only City giving away its land. Mayfair Country Club and the Marina Hotel were both built on City property, and neither one of them are fairing too well. Ms. Freeman asked why the Commission is going ahead and approving Ordinance No. 3435 when it has not yet received from the Department of Community Affairs their recommendation or approval of the Comprehensive Plan. The Commission stated in a fact sheet that was distributed in May of this year, that the procedure would be that the Commission would wait to get the DCA's comments and referrals before acting upon this. The Commission must disregard the Fishkind report because as part ofthe introduction it states "our assignment did not include examining the market feasibility of the proposed project or any of its components. At this preliminary stage the City's concerns focus on economic impact of the proposed development program, and on the tax increments that it would generate; thus, for the purpose of this analysis we have assumed that the proposed project is feasible, and is developed as it is currently programed." This is a very dangerous assumption, you do your feasibility study first to make sure the market is there. O. Wayne Cummings reported more people would support the convention center if it was someplace else in Sanford. He suggested that the convention center be built on airport property. On one hand the Historical Society has done great rebuilding the old part of Sanford, but let's watch where the other hand is and make sure it is not in somebody's pocket. P. Nita Zelenack, 109 North Virginia Avenue, reported she likes the language for the referendum. After listening to all the people trying to save the park she believed when the conference center went in there would be no park left, and she found it interesting at the rally to find out how much park was still going to be there. With the boardwalk there are going to be wonderful places to walk along and enjoy the lake. Sanford needs to move forward, because if we insist on staying the same, we will move backwards. Q. A1 McMillan, 1404 East Eighth Street, reported the park has been used for the people for many years, including rodeos, Fourth of July picnics, and mobilizing the National Guard in 1939. They even landed bi-planes there. It should remain a people's park. Any business should be built to the west. This hotel in the park will be an isolated building that no one will come to. R. Alfred DeLattibeaudiere, 807 Sanford Avenue, reported the airport property was given to the City for $1.00. The citizens were told there would be an Intemational Airport in Sanford, but everything was done except making an Intemational Airport. There are flights coming and going each day from Europe, and Asia, and people cannot get a flight out of Sanford. First an airport needs to be built so people can come into Sanford, then build a convention E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MTG. 383 September 14 1998 center for them to come to. An airport is needed in Sanford more than anything else at this time. S. Carem Gager, 1209 West 19th Court, reported the people need to know if the Holiday Inn or the Marina are money-making propositions. Mayor Dale reported he has not seen their books so he couldn't say. Mr. Gager reported the money for the boardwalk has already been appropriated to the City of Sanford. Mayor Dale reported the boardwalk will be associated with the enhancement of the park and go along with this project; whereas the Riverwalk is a pedestrian bypass that goes beyond 14 to the County's part by the 17-92 bridge. That has been appropriated and will be constructed in the year 2002. Mayor Dale reported there is information and pictures available in City hall as to how much park land is going to be left, how much is going to be spent and what it is going to be spent on, and what the boardwalk looks like. Mr. Gager reported the Commission has not spent any money on the parks in Sanford for several years, and now they are bribing the people into thinking they are going to fix up the parks. Mr. Gager reported the Commission is talking about spending $4 million to appease the voters of Sanford so that a convention center can be built, where is that $4 million coming from? Mayor Dale reported the figure is $2 million to $3 million and that is for the fishing pier, the marina dock, and the enhancements to the park that is still going to be there. The money comes from the money generated from the lease and the CRA (tax incremental financing) that comes from the tax incremental value. Mr. Gager reported if someone offered to buy two thirds of any Commissioner's house, and then fix up the other one third, they would not do it, so why do it with the park. Commissioner Eckstein advised anyone against this project to just vote no. T. Ron Frazier, 210 South Scott Avenue, reported even though he is all for saving the park, he is for progress and economic development in Sanford. He also is not against the conference center, if it is in the right place, but alternative sites on private or partly on private land need to be considered. Fort Mellon Park is Sanford's biggest asset, and by putting a conference center in the middle of that park, the number one asset will be destroyed. Some big cities are expanding and enhancing their downtown parks. Mayor Dale closed the Public Hearing. Commissioner Eckstein moved to adopt 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. Commissioner Lyons reported it is important that the public know what monetary commitment the City is going to make, via the Community Redevelopment Agency, prior to the November 3rd deadline. Mayor Dale reported that the tax incremental financing of the CRA would bond $5 million to $6 million dollars of the project, and that the Tourist Development Council would bond $5 million to $6 million dollars of Tourist Development money, and the income from the lease would be placed toward the balance of the improvements and have some left over. The Staff is working on this right now, and it will soon be available to the public, as well as the Commission. Mayor Dale reported that the City's current CRA income from the City and County is $60,000.00 per year. This should increase it to about $360,000.00 to $380,000.00. The foregoing motion was carried by vote of the Commission as follows: 384 MINUTES City Commission, Sanford, Florida 7: 0 0 P.M. REGULAR MTG. September 14 1998 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearinl~ to consider appeal of denial by P!annin8 and Zonin8 Commission to re-establish a non-conformin~ use (duplex in a sinSIc-family zone) at 218 W. 12th Street. 'Ad published August 13, 1998, property posted August 14, 1998. Public Hearing tabled August 24, 1998. Charles Rowe, Director of Community Development, reported this is an appeal of denial by the Planning and Zoning Commission to re-establish a non-conforming use (duplex in a single-family zone) at 218 West 12th Street. The City Manager has recommended to uphold the Planning and Zoning Commission's denial. Considerable discussion followed regarding this being a Public Hearing based on the record, and what could be discussed; Planning and Zoning's knowledge of the Commission' s action at the condemnation hearing; City Commission' s knowledge at the condemnation hearing of the condition of the property and what would be necessary to repair it; whether or not the Commission condemned the property; and the lack of briefing by Staff subsequent to the condemnation hearing. Mayor Dale further reported that Mr. Nobles was not in attendance at the meeting tonight. Commissioner Eckstein moved to table the appeal. 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 The Commission directed Mr. Rowe to contact Mr. Nobles and have him appear at the next Commission meeting. Public Hearin~ to consider first reading of Ordinance No. 3433. re: rezonin~ property located at the southwest corner of the intersection of East Lake Mary Boulevard and County Road 427 (7500 CR 427) from PD, Planned Development, to GC-2, General Commercial. Ad published August 5 and August 9, 1998. Ordinance No. 3433 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3433. No one appeared. MayOr Dale closed the public hearing. On recommendation of the City Manager, Commissioner Eckstein moved on first reading of Ordinance No. 3433, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF THAT CERTAIN PROPERTY LYING BETWEEN EAST LAKE MARY BOULEVARD AND NORTH WAY AND BETWEEN COUNTY ROAD 427 AND CENTRAL FLORIDA GREENEWAY FROM PD, PLANNED DEVELOPMENT, TO GC-2, GENERAL COMMERCIAL; 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 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MTG. 385 September 14 1998 Public Hearin8 and first readine of Ordinance No. 3434, re: rezonine Fort Mellon Park property located between Sanford Avenue and San Juan Avenue and between East 1st Street and the Lakefront from RMOI. Multiple Family Residential-Office-Institutional. to SC-3, Special Commercial. Ad published September 6, 1998. Ordinance No. 3434 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3434. A. Doreen Freeman, 705 Mellonville Avenue, reported she wanted to know why, if six acres of this park is going to be maintained as a park, is the whole thing being rezoned as Special Commercial. Mayor Dale reported the zoning excepts the easterly 700 feet. Ms. Freeman also asked why the Commission is moving on rezoning and the Comprehensive Plan before the feasibility is done by Mr. Pacitti and PRA. Mayor Dale reported because it is time to move forward with this, and the City does not have a park zoning. With the current zoning multi-family dwellings could be built on it. Ms. Freeman reported the City ought to consider having a special park zoning if it does not already have one. Ms. Freeman again asked why the Commission is moving forward before a feasibility study is presented, or does the Commission know something that the citizens don't, has he already acknowledged that a feasibility study has been done and everything is a go. Mayor Dale reported not to his knowledge. Ms. Freeman then asked again why the Commission is moving on this. Mayor Dale reported he had already given his answer, and the other Commissioners would have to speak for themselves. Commissioner Lyons reported we should be a proactive government for business or economic development. Ms. Freeman asked what if the people want to keep this as a park. Commissioner Lyons reported on November 3rd they will vote. Ms. Freeman reported but by then it will be zoned Commercial. Mayor Dale reported he would rather have it zoned a special historic downtown zoning district (SC-3) than keep it zoned for multi-family and offices as it is now. Commissioner Lyons reported he would rather have it zoned Commercial than multi-family. Mayor Dale reported that if Mr. Pacitti decides not to build, or if the referendum goes against the development, then it will remain a park, no matter how it is zoned. Ms. Freeman reported that a town meeting was held in August and the Seminole Herald reported that it was expressed that property taxes would be lowered by this project. At the town meeting in April, she asked this same question and got a "no comment" answer. Are the property taxes going to be lowered? Mayor Dale reported it is his hope that as Sanford is allowed to develop and economically prosper, tax millage will be lowered and the tax base will rise. He doesn't feel this one project will have much effect, but a conglomeration of economic development and prosperity for Sanford will have that effect. Ms. Freeman reported the Mayor is again allowing hopes instead of facts to be delivered to the people. Mayor Dale reported it is impossible to predict facts that the property taxes will go down, or be raised, because of this project. Ms. Freeman reported the people at that town meeting went away assuming their property taxes were going to be lowered. Ms. Freeman reported that the Commission needs to deal in facts, not hopes. B. Doug Groseclose, 444 South Elliot Avenue, reported until the Commission hears from Tallahassee on the proposed amendments to the Comprehensive Plan and the Future Land Use Map that was passed several weeks ago, this zoning is inconsistent with the current Comprehensive Plan and Future Land Use Map. Mayor Dale reported this zoning will be passed concurrent with the Comprehensive Plan, and will not take effect until the Comprehensive Plan is 386 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MTG. September 14 19 98 completed. Mr. Groseclose further asked if the Comprehensive Plan would be received back before or after the November 3rd vote. Mayor Dale reported it probably would be after the vote. Mr. Groseclose stated he would rest his case. C. Nell Snow, 176 Kaywood Drive, reported if Sanford is going to have all of this progress, she suggests leaving Seminole Boulevard open in front of the hotel complex, and extend it all the way around to the bridge. The homeowners on Lake Monroe might object to this. Why stop at just this little bit of development on the lakefront. (This is a joke). She reported she has been greatly disturbed by some of the comments made regarding the development in Fort Mellon Park, and the result has been turning neighbor against neighbor and friend against friend. This is not consistent with civil discourse in polite society. This has been a very divisive issue, and it has never been the goal to turn citizen against citizen. Some merchants have expressed that this conference center is going to totally rejuvenate the downtown, but in most cities the downtown areas have lost business due to the shopping malls and major distributors. Also, the thought has been expressed that the reason we need to put this hotel and conference center in the park is because of all of the drags and prostitution, etc. that goes on in the park, but maybe the City has been a little remiss in not providing adequate lighting and police surveillance over the years. D. Mark Platts, 1300 Magnolia Avenue, reported he is opposed to the rezoning for all the same reasons he expressed at the August 24, 1998 meeting regarding the Future Land Use Amendment. The park should not be zoned Commercial, Sanford should have a zoning for public lands in the City so that there is no underlying zoning on the public land and park lands that, with the Future Land Use Amendment, can allow other uses. If the Commission is going to rezone the land to allow this project, the zoning should be Planned Development (PD) with a specific master plan and specific guidelines. E. Dave Freeman, 705 Mellonville Avenue, reported concern about the space at Chase Park to move the ball fields from Fort Mellon Park to Chase Park. According to plans he has seen it appears that the eastern portion of both of the eastem fields will be over the top of the drainage ducts undemeath, with only about 18" of earth above. Also, the fight-of-way that goes up to the school on the west side of the property, it is his understanding that the City wants the County to give them that right-of-way so they can use it for the ball park area. That will force the school buses to come in through the present stadium. Mayor Dale reported the Commission has met with the School Board and the School Board approved realigning that road to allow for the relocation. Mayor Dale closed the Public Hearing. Commissioner Eckstein asked why the property is being rezoned SC-3 instead of PD. Jay Marder, Director of Planning and Development, reported the City does have a choice of the zoning classification. SC-3 was chosen because it is the downtown central business district zoning called Special Commercial, intended to be utilized for the downtown area. This was felt to be a logical zoning classification for this area because it is adjacent to the existing SC-3. PD zoning has a downside in that it tends to create inflexibilities, and they may have to be changed. Even with the SC-3 zoning there will be the standard reporting process. There will be enough scrutiny on this project to not need to go with the PD zoning.. On recommendation of the City Manager, Commissioner Williams moved on the first reading of Ordinance No. 3434 (less the easterly 700 feet), entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF THAT CERTAIN PROPERTY LYING E718672 MINUTES City Commission, Sanford, Florida 7: 00 P.M. REGULAR MTG. 387 September 14 19 9 8 BETWEEN LAKE MONROE LAKEFRONT AND FIRST STREET AND BETWEEN SAN JUAN AVENUE AND SANFORD AVENUE FROM RMOI, MULTIPLE FAMILY RESIDENTIAL-OFFICE INSTITUTIONAL TO SC-3, SPECIAL COMMERCIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First reading of Ordinance No. 3435, re: amendine the future land use map of the Future Land Use Plan Element of the Comprehensive Plan. and chan~ing the designation of a portion of property lyin~ between Airport Boulevard and the Seaboard Coastline Railroad ril~ht-of-way and between McCracken Road and Academy Avenue from MDR- 10 (Medium Density Residential) to I (Industrial). Ordinance No. 3435 was read by title. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3435, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 2065 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF A PORTION OF THE PROPERTY LYING BETWEEN AIRPORT BOULEVARD AND THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND BETWEEN McCRACKEN ROAD AND ACADEMY AVENUE FROM MDR-10 (MEDIUM DENSITY RESIDENTIAL) TO I (INDUSTRIAL); PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE. 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 Hearine and first readinl~ of Ordinance No. 3436, re: rezonine a portion of that certain property lying between Airport Boulevard and the Seaboard Coastline Railroad Right-of-Way and between McCracken Road and Academy Avenue from PD, Planned Development, to RI-1, Restricted Industrial. Ad published August 19 and 28, 1998. Ordinance No. 3436 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3436. No one appeared. Mayor Dale closed the Public Hearing. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3436, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD AND THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND BETWEEN McCRACKEN ROAD AND ACADEMY AVENUE FROM PD, PLANNED DEVELOPMENT, TO RI-1, RESTRICTED INDUSTRIAL. 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 38.8 E718672 MINUTES City Commission, Sanford, Florida 7: O0 P.M. REGULAR MTG. September 14 1998 Adoption of Resolution No. 1794. re: rescinding Resolution Nos. 1787 and 1791 providin8 for adoption of policies and procedures for the implementation of potable and reclaimed water restrictions for the City of Sanford Utility Department customers and users. Resolution No. 1794 was read by tide. On recommendation of the City Manager, Commissioner Eckstein moved to adopt Resolution No. 1794, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, RESCINDING RESOLUTION NOS. 1787 AND 1791 PROVIDING FOR ADOPTION OF POLICIES AND PROCEDURES FOR THE IMPLEMENTATION OF POTABLE AND RECLAIMED WATER RESTRICTIONS FOR THE CITY OF SANFORD UTILITY DEPARTMENT CUSTOMERS AND USERS. 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 First readine of Ordinance No. 3429. re: amend the Classification and Pay Plan to add positions and to reclass/reerade positions. Ordinance No. 3429 was read by title. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 3429, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE OCTOBER 1, 1998; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Inoperable/untagged vehicles -- time extension requests. Commissioner Eckstein moved to authorize an extension until October 25, 1998 to Raymond Steinbrecher at 1800 East 2nd Street, and authorize a two month extension to Lauri Quillen at 101 Bent Oak Court. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Condemnations. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye On recommendation of the Director of Community Development, Commissioner Eckstein moved to authorize extensions until October 14, 1998 for Condemnation Nos. 96-2, 107 East 7th Street; 96-12, 1605 West 7th Street; 97-6, 2606 Hiawatha Avenue; 97-16, 2200 French Avenue; 98-1, 111 Cedar Avenue; 98-4, 546 Plumosa Drive; 98- 6, 315 Pecan Avenue; 98-7, 1713 West 14th Street;, 98-15, 1217 Palmetto Avenue; and 98-16, 281 West 12th Street/1119 Myrtle Avenue. Seconded by Commissioner WilIiams and carried by vote of the Commission as follows: E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MTG. 389 September 14 1998 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye On recommendation of the Director of Community Development, Commissioner Eckstein moved to remove Condemnation No. 97-2, 618 Mellonville Avenue, from condemnation. 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 Request to authorize execution of Lessor's Estoppel Certificate. On recommendation of the City Manager, Commissioner Eckstein moved to authorize execution of the Estoppel Certificate pursuant to Kirby Moncrief's letter of September 10, 1998 to the bank and subject to City Attomey's approval of the final draft. 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 Boards: appointments/reappointments. Citizens Advisory Board: The City Clerk reported Linda Kuhn's term expires September 23, 1998. Also, Paul Legge's and Bernard Brown's terms expire October 14, 1998. Paul 'Legge wants to be re-appointed and Bernard Brown does not want to be re-appointed. Mayor Dale reported Linda Kuhn now does not want to be reappointed to this Board when her term expires on September 23, 1998. Commissioner Eckstein moved to re-appoint Paul Legge to the Citizens Advisory Board. 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 Commissioner Lessard moved to appoint George Ronald Anderson, Jr. to the Citizens Advisory Board to replace Linda Kuhn. 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 The Commission concurred not to appoint a replacement for Bemard Brown until after the Citizens Advisory Board meets and can make a recommendation. Code Enforcement Board: The City Clerk reported there is one vacancy on the Board due to the resignation of Henry Sweet, Jr. (alternate). Commissioner Eckstein moved to appoint Alex Serraes to the Code Enforcement Board. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye 390 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MTG. September 14 19 98 Commissioner Lyons Aye Fire Pension Board: The City Clerk reported the terms of Mayor Larry Dale and Chief Tom Hickson expire October 1, 1998. Commissioner Eckstein moved to appoint Mayor Dale to the Fire Pension Board for a term of two years, and Chief Tom Hickson for a term of one year. 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 Nuisance Abatement Board: The City Clerk reported Robert Kuhn has resigned. Commissioner Williams moved to appoint Dean Ray to the Nuisance Abatement Board. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Police Pension Board: The City Clerk reported the terms of Mayor Larry Dale and Chief Joe Dillard expire October 1, 1998. Commissioner Eckstein moved to appoint Mayor Dale to the Police Pension Board for a term of two years, and Chief Joe Dillard for a term of one year. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Sanford Airport Authority: The City Clerk reported the terms of William R. Miller and Duke Adamson will expire on September 30, 1998. Duke Adamson does not wish to be re-appointed to the Board; William R. Miller does wish re-appointment. Commissioner Eckstein moved to re-appoint William R. Miller to the Sanford Airport Authority. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Commissioner Eckstein moved to appoint Martin W. Herbenar to the Sanford Airport Authority. 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 Scenic Improvement Board: The City Clerk reported there is one vacancy on the Board due to the resignation of J. Harold Chapman. The Commission requested Howard Jeffties to get a recommendation from the Board for this appointment. Consent Aeenda. E718672 MINUTES City Commission, Sanford, Florida 391 7:00 P.M. REGULAR MTG. September 14 1998 request. Commissioner Eckstein moved to remove the request from Sanford Main Street for street closures, per their Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye consent agenda. Commissioner Lessard moved to remove the approval of statement from Foley and Lardner from the 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 Commissioner Eckstein moved to approve the August 13, 1998 statement in the amount of $736.56 from Foley & Lardner, for professional services re: by vote of the Commission as follows: City Coal Gasification Plant. Seconded by Commissioner Lyons and carried Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner Lyons Aye Commissioner Eckstein moved as follows: 1) 2) 3) 4) 5) 6) 7) s) 9) Accept bid from Construction Steel, Inc., in total amount of $47,980.00 for Bid Number IFB97/98- 108, Portable Screening Plant. Reject all bids and authorize to rebid Bid Number IFB 97/98-110, Reclaimed Water Main Extension Sir Lawrence Drive & Anthony Drive. Accept bid from The Bon Terre Group, in total amount of $49,600.00 for Bid Number IFB 97/98- 112, Landscape Maintenance Sanford Municipal Cemetery. Approve September 02, t 998 Statement in amount of $13,900.54 from City Attorney for professional services in August, 1998. Acknowledge ten (10) invoices in total amount of $64,723.50 from Conklin Porter & Holmes ($1,155.51, $9,095.76, $2,339.72, $18,028.37, $15,343.73, $3,041.32, $2,868.10), Hartman & Associates, Inc. ($3,067.50), Scott Architecture ($9, 183.49) and Architects Design Group, Inc. ($600.00) paid during the period for previously approved lump sum contracts per City Commission approval on October 8, 1990 and November 5, 1991. Approve Vouchers for month of August, 1998. Approve commitment letter for stormwater line of credit loan. Authorize execution of agreements with Seminole County for 1996-97 program funding year for CDBG, Home and Ship Programs Housing Rehabilitation Activities Extension. Approve request from All Souls Catholic School to close Oak Avenue between 8th Street and 9th Street from 7:00 A.M. to 3:00 P.M. on September 25, 1998 in conjunction with a special event, "Walkathon". 392 E718672 City MINUTES Commission, Sanford, Florida 7: 0 0 P.M. REGULAR MTG. September 14 19 98 l 0) Authorize execution of agreements with Florida Department of Community Affairs for the 1998-99 Weatherization Program, Weatherization Low Income Home Energy Assistance Program, and Low Income Emergency Home Repair Program. 11 ) Accept bid from Central Florida Underground in total amount of $122,213.00 for Bid Number IFB 97/98-111, Reclaimed Water Main Extension - 1 lth & Magnolia (Utility Department). 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 Resolution No. 1797. re: expenditure of public funds for information regarding the referendum. Doreen Freeman, 705 Mellonville Avenue, asked if the City Manager could give a price of "not to exceed" before the Resolution is voted on. City Manager VanDerworp reported that the "not to exceed" amount to be included in this Resolution is $5,000.00. Ms. Freeman reported she is against spending money to promote this project. Hertry Sweet reported the fact sheet should be facts, and not hopes and expectations which would be an advertisement. entitled: On recommendation of the City Manager, Commissioner Lyons moved to adopt Resolution No. 1797, A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, PROVIDING FOR THE EXPENDITURE OF CITY FUNDS TO PROVIDE INFORMATION TO THE CITIZENS OF THE CITY OF SANFORD REGARDING THE REFERENDUM AUTHORIZED BY ORDINANCE 3432 ON THE USE OF FORT MELLON PARK. 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 On recommendation of the City Manager, Commissioner Williams moved to limit the expenditure for information to citizens to $5,000.00. 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 Downtown parking - time limit. On recommendation of the City Manager, Commissioner Eckstein moved to place a six week moratorium on enforcement of the two hour parking limit in the downtown district to allow Staff to study a possible amendment to the parking Ordinance. 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 Nay Commissioner Lyons Aye Restoration of gazebo at the cemetery. On recommendation of the City Manager, Commissioner Lyons moved to authorize expending up to $15,000.00 from the City Manager's Contingency Fund for restoration of the gazebo at the cemetery, with a $15,000.00 E718672 MINUTES City Commission, Sanford, Florida 7: O0 P.M. EWFULAR MTG. 393 September 14 19 98 match from the Historical Society. follows: Seconded by Commissioner Williams and carried by vote of the Commission as Solid Waste Committee. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager VanDerworp requested authorization of a committee including Jim Marino, Public Works Director for the County, and a City representative. Commissioner Willjams moved to appoint Bernard Mitchell as a City representative/user of the service to this committee. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: City Attorney's report. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Assistant City Attorney Reischmann reported that on September 2, 1998 the City Attorney's office attended a hearing on Mr. Groseclose's challenge regarding Ordinance No. 3430, who was seeking an emergency temporary injunction. At a previous hearing on this same issue the Court struck his Notice of Hearing. This time the Court heard the motion and found the Ordinance was valid and properly enacted. The Order that the Court entered and a brief report of the Hearing was presented to the Commission. City C!erk's report. No report. City Manager's report. City Manager VanDerworp reported that a savings in the Recreation Department budget identified at the end of the year totaled $14,000.00. This money will be used for lighting for the basketball courts and benches for Fort Mellon Park, and to install a timer on those lights. City Commissioners' reports. Commissioner Eckstein - No report. Commissioner Williams - No report. Commissioner Lessard - Reported he will be meeting tomorrow with City Manager VanDerworp and Police ChiefDillard to discuss the public safety excessive use fee. He reported 80% of public safety calls go to 20% of the properties. He is proposing a fee for properties that have over six calls a month that are caused by the resident and/or the property owner. This assessment would be attached to the water bill. Commissioner Lyons - No report. Mayor Dale - No report. The being no further business, the meeting was adjoumed. Attest: mr ,' Mar