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051099 ws/rm min.E718672 MINUTES City Commission, Sanford, Florida :3:30 P.N. WORK S~..SSTOB1 NAY 10 585 1999 The City Commission of the City of Sanford, Florida met in Work Session on Monday, May 10, 1999, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner A. A. McClanahan Commissioner Velma H. Williams Commissioner Brady Lessard Assistant City Attorney Donna Mclntosh City Manager Tony VanDerworp City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert ( The Chairman called the meeting to order. Employee of the Month Award. Mayor Dale presented Chris Smith with the Employee of the Month Award for May, 1999. Legislative update. Bobby Brantley and Eric Storm, Legislative lobbyists for the City, were present to report on the Legislative Session for 1999. Mr. Brantley reported that Senate Bill 2500 General Appropriations for 1999-2000 include budget items for The Historic Sanford Memorial Stadium project in the amount of $180,000., the Ritz Theater in the amount of $278,551., and the Midge Mosquito Control Program in the amount of $250,000. Mr. Storm reported that Representative Tom Feeney and State Senator Buddy Dyer were very helpful in the appropriation of funds for the stadium and the midge program. Mayor Dale said that Senate Bill 2500 also appropriated $6,000,000. for the domestic terminal expansion at the Sanford Airport. The money was previously programmed for the High Speed Rail. Presentation of Sanford Airport Authority's financial report for quarter ending March 31, 1999. Susan Flowers, Sanford Airport Authority Finance Director, reported that for the six month period ending March 31, 1999, revenues were $1,558,254, expenses were $1,500.681., and the net income was $57,523. She said it is the low season and money is generally lost, however, a $1,200. profit was shown for March. During the same time last year a loss of approximately $20,000. was shown. Ms. Flowers said that expenses are on track, with no significant differences to report. Revenues for the industrial park, aviation, ground transportation, and the airfield are on schedule. Domestic terminal revenue and international terminal revenue generally increase during the busy season beginning in the spring. Rental car income is ahead of projections, mainly because of a strong end of the last busy season. Projects are on schedule. Presentation of City of Sanford financial report for quarter ending March 2tl, 1999. Donna Watt, Finance Director, reported that for the six month period ending March 31, 1999, General Fund revenues were on target, and 86% of ad valorem taxes were received. Expenditures in the General Fund are on budget for most departments. Total revenues reflect $2,003,000. more than expenditures for the six month period. Undesignated reserves for the General Fund is $836,511. Ms. Watt said the Solid Waste Fund revenue and expenditure analysis for the period ending March 31, 1999, reflects total operating revenue of $2,004,549. and total operating expenses of $1,295,362. The balance sheet as of 586 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION MAY 10 1999 December 31, 1998 reflects total assets as $ 1,418,820. and total liabilities and fund equity as $1,418,820. Ms. Watt said there is a Solid Waste Fund budget revision to be considered during tonight' s Consent Agenda for closing the budget of the old operation and setting up the budget for the new operation under the FRS contract. Ms. Watt said the Solid Waste employees who left the City as a result of the privatization received compensation for sick and vacation accruals. Employees who transferred to other divisions did not receive cash compensation, however, adjustments for sick and vacation accruals were made to those divisions. Ms. Watt said she did extensive research on the annuities for the Solid Waste employees who were not vested for retirement. She said there are two options: (1) the City could purchase the annuity, however, there would be a tax burden to the recipient, and (2) the City could give each employee a lump sum payment for the value of the annuity and deduct the appropriate taxes, and the employee could purchase his own annuity. employees the option. Ms. Watt reported as follows: The Commission concurred to offer the Stormwater Water & Sewer Water Impact Fees Sewer Impact Fees Law Enforcement Trust Fund Local Option Gas Tax Recreation Impact Fees Fire Impact Fees Police Impact Fees Assets Revenue Expenditure 744,642 1,633,477 4,542,942 6,543,911 1,627,347 268,858 177,924 1,772,419 604,404 420,986 207,664 42,307 66,312 902,772 397,381 612,205 399,879 68,437 0 110,774 20,660 10,000 576,521 67,968 115,780 [Commissioner Lessard briefly left the meeting and returned.] (transfer for debt service) (transfer for debt service) Seminole Towne Center CRA Waterfront CRA Insurance Internal Service Cemetery Trust Fund Termination Benefit Keserve Fund $412,087.00. 7,370,750 400,581 171,088 182,170 75,115 0 1,785,513 292,115 133,280 370,306 18,750 50,200 ~ransferto GeneralFund) 189,486 3,976 0(transfers) Ms. Watt said payment for Workers Compensation related claims for the period ending March 31, 1999 is An update on leases was presented and discussed. Also presented was an update on billing information for emergency transport services. Ms. Watt reported she met with a representative from William R. Hough, bond underwriter, Art Diamond, Financial Advisor, City Attorney Colbert, and Randy Hannah, Bond Attorney, regarding bond issues. She said there is approximately $500,000. in savings and because rates are low, savings may be generated on bond issues. The Commission concurred that Staff should continue with the process. Hotel/Conference Center lease. Assistant City Attorney Donna Mclntosh and Attomey George Wallace, representing PRA of Sanford, were present to answer questions regarding the lease for the Hotel/Conference Center. City Manager VanDerworp reported the lease contains numerous provisions for the public/private partnership requirements necessary to develop a hotel/conference center. The due diligence period is 120 days for the developer to prepare a feasibility study/financial analysis and for the City to' perform environmental audits and title work. There is a 45 day feasibility study review period, after which there is a one year contingency period to obtain agreements for public funding, permitting for piers and to execute operational agreements, and then construction completion. The term of the lease is for fifty years with two automatic ten-year renewals. There is an annual base rent of $750,000. to cover the public portions of the project, which is to be paid in monthly installments and may be adjusted based on the feasibility study. E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION MAY 10 587 1999 Base rent continues in effect as long as needed to cover the term of any public financing. There is a percentage rent of one percent (1%) of hotel revenues minus base rent from the thirteenth (13th) month of operation to three (3) years, then increasing to three percent (3%) for the remainder of the lease. The City Manager said once the lease is approved, the City will have an environmental assessment and a parking study done which will be provided to PRA to use with their feasibility study. As defined in the Agreement of Lease dated May 10, 1999, the City will waive all City permit, plan review, and inspection fees associated with the project, however, impact fees will not be waived. Mr. Wallace said that PRA hopes to have the feasibility study finished sooner than the allotted 120 days. [Assistant City Attorney MeIntosh left the meeting.] Proposed re-engineering of building inspection services. Charles Rowe, Director of Community Development, said the Community Development Department consists of four divisions: Building, Code Enforcement, Occupational Licenses, and Grants, with economic development as an activity that is shared between him and the City Manager' s office. To provide increased ease of access to and for the public and in an effort to improve customer services, he proposes to bring the Fire inspection/prevention services into the Building Division and be called the Building and Fire Prevention Team, which will include the Fire Marshall, Fire Plans Reviewer, two Fire Inspectors, and a secretary. It is proposed that all personnel, with the exception of the secretary, will relocate to existing office space in the area of Community Development. Although Fire Department personnel will be located in City Hall, the Fire Chief remains the direct supervisor. The secretary will remain at the Fire Department and the Fire Marshall will retain an office at the Fire Department. Benefits of the proposed re-engineering include cross training opportunities between existing building inspection and building official staff and fire inspection services, improved coordination, greater access to and for the public, and quicker plans review. There will be greater opportunity for pro-active Code Enforcement. After discussion, the Commission concurred to approve the re-engineering of building and inspection services as recommended. Lake Monroe Riverwalk update. [Mayor Dale briefly left the meeting and returned.] Jay Marder, Director of Engineering and Planning, reported the Riverwalk is a project with the Florida Department of Transportation. WBQ Design and Engineering, Inc. is conducting a PLEMO (Planning Environmental Management Office) Study of the Lake Monroe Riverwalk. The PLEMO Study is a preliminary design and environmental assessment and includes a cultural study of the lakefront. There will be public participation workshops regarding the design, function, and alignment of the Riverwalk. The complete PLEMO Study is due at FDOT in February, 2000. Design will take place in 2000/01 and construction is scheduled for 2002/03. Mr. Marder said items completed at this time include a control survey of the lakefront from Mellonville Avenue to Wayside Park (I-4 river bridge), aerial photographs for planning and public presentation purposes, and a hazardous waste study. '~ ' Mr. Mardcr Said that Orlando MetroPlan endorsed the City's position regarding incorporating the continuation of the Riverwalk from the Zoo to the Seminole County Wayside Park as part of the I:4[St. Johns RiVer Bridge and Interchange. The Orlando - Volusia Metropolitan Planning Organization Alliance adopted a resolution also supporting the Zoo to Wayside Park connection as part of the Bridge project. [Mayor Dale left the meeting.] City Manager VanDerworp said there will be seawall rehabilitation costs that will affect the Riverwalk 588 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION MAY 10 19 99 project. Teng & Associates will provide a report on the seawall this month, and FDOT will be provided a copy of the report. [Mayor Dale returned.] Regular A~enda items. Add-on items, and other items. City Manager VanDerworp reported an Add-on item regarding the City/Airport Authority ground lease for leasing twenty acres at the Airport for the proposed wastewater treatment facility, which goes along with the Utility Services Agreement with the Sanford Airport Authority which was approved at the last meeting. Andrew VanGaale, Associate Planner, reported that he and Commissioner Williams serve on the 17-92 CRA Committee and have been working on a project for Sanford. The project entails cleaning up the intersection of First Street and French Avenue. The proposal includes a hard scape street improvement which includes taking out the overhead traffic control device and using a mast arm, milling and repaying the four crosswalks with impressioned brick or concrete, re- striping the median areas, replacing the street fight poles with poles that have a historical look, enhanced landscaping on private properties at the corners, and an enhanced sign customized more to Sanford specifications, similar to what the County has done at the south end. Mr. VanGaale said he and Commissioner Willjams recommended a policy to extend the project to include the 13th Street intersection at Hwy. 17-92. Also proposed is a sign in the area of the Seminole Herald indicating the area is the gateway into the County and to Sanford. The project for the intersection of First Street and French Avenue has been approved and is to be submitted to the Board of County Commissioners at their meeting of May 25, 1999. City Manager VanDerworp reported that regarding the McCall lease, he received a letter from Mr. William Kehoe, III, who is interested in renting the property based on the new economic value. The City Manager reported there was an articlepublished on Friday, May 7, 1999, entitled "Sanford City Hall Sale Hits Snag ", which mis-quotes"him as saying .he-~vas going to ask the County Commission later this month to consider a new appraisal. He said that ~he discussed the sale of City Hall at the CRA meeting, he said that he didn't think it would do any good to have a new appraisal done and would not recommend having a new one done. He said in several places the article said that Sanford officials are hoping the County will order a new appraisal, which is the opposite of what he said at the meeting. The City Manager said the Commission received a copy of the letter which was sent to the Legislative Delegation thanking them for their assistance, and that letters are coming from different groups regarding the midges and the baseball stadium. Fire Marshall, Mike McGibeny, reported the Fire Department received an award from the Red Cross thanking them for giving their help with the tornadoes and the wild fires last year. The City Manager said the award will be hung in the large room downstairs. There being no further business, the meeting was adjourned. Attest: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING MAY 10 589 19 99 The City Commission of the City of Sanford, Florida met in Regular Meeting on May 10, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner A. A. MeClanahan City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Mayor Dale announced that the Citizens Advisory Board will meet on Wednesday, May 12, 1999 at 7:00 P.M. in the City Commission Conference Room. Presentation of Proclamation regardine Law Enforcement Appreciation Month. Mayor Dale presented Acting Police Chief Ray Bronson with a Proclamation designating the month of May, 1999 as Law Enforcement Appreciation Month. Presentation of Plaque and Certificate to Explorer of the Year. Mayor Dale, along with Acting Police Chief Ray Bronson and Corporal Mike Taylor, presented a Plaque and Certificate to the 1998 Explorer of the Year, Lieutenant Jillian Smith. Presentation of Plaque of Appreciation to Theresa Ryan, Explorer Captain. Mayor Dale, along with Acting Police Chief Ray Bronson and Corporal Mike Taylor, presented a Plaque of Appreciation to Explorer Captain, Theresa Ryan. Citizen participation. Nell Snow, 176 Woodridge Trail, read a statement regarding downsizing and out-sourcing, specifically referring to waste disposal employees, the Police Chief; and Mr. Shoemaker, a member of the Sanford Airport Authority Board. She said an article in last Sunday' s paper indicated that Mr. Shoemaker would be replaced on the Airport Board. She said that removing him from the Board due to professional jealousy or vindictiveness because of his family's opposition to an apartment development, or both reasons combined, would be despicable. Marveen Kelly, 321 Magnolia Avenue, requested an update on the SC-3 zoning. Mr. Marder reported that a considerable amount of staff work has been done regarding the SC-3 zoning, and he will provide information to the Commission the end of May or first of June. Approval of minutes of the City Commission April 26, 1999 Work Session and April 26, 1999 Regular Meeting. Commissioner McClanahan moved to approve the minutes of the April 26, 1999 Work Session and April 26, 1999 Regular Meeting. Seconded by Commissioner Lessard. Commissioner Williams said that page 571 reflects that Bennie Alexander reported regarding Grove Counseling, and the name should be Tyrone Alexander. Commissioner McClanahan moved to approve the minutes as corrected. Seconded by Commissioner Lessard and earfled by vote of the Commission as follows: , Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Citizen participation continued. 590 MINUTES City Commission, Sanford, Florida 7:00 P.M. RRGITT.i~R MI~.I~.TTNG MAY 10 19-- 99 Melven Richards, owner of Duke Tech, reported she received a $250.00 penalty as a result of not paying for the renewal of her occupational license until February, and questioned if the penalty was applicable if the time of the initial notice of renewal didn't coincide with the 150 days of the date due for occupational license renewal. Charles Rowe, Director of Community Development, read Section 16-3 of the Code regarding delinquency of payment for occupational license, which states if you are more than 150 days late, a $250.00 penalty would be assessed. The 150 days is calculated from the day the initial notice of renewal is mailed, not from October 1, the beginning of the fiscal year. Ms. Richards said she paid the fee for her occupational license and a late fee in February, however she has not paid the $250. penalty. She was late in paying for her occupational license due to problems with her landlord. The City Commission discussed changing the Code to reduce the number of days for the delinquency period, and to begin the delinquency period from October 1, the beginning of the fiscal year. After discussion, Commissioner McClanahan moved to waive the $250.00 penalty assessed to Duke Tech, and to refund the $250.00 penalty paid by others who paid their occupational licenses within 150 days of October 1, 1998. Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Seconded by Commissioner Eckstein and carded by vote of the Public hearing to consider second reading and adoption of Ordinance No. 3472, re: annexing a portion of property lying between 261h Street and 271h Street and between Palmetto Avenue and Sanford Avenue. Moharnad Sami Kazma, owner. Ad published April 29 and May 6, 1999. Ordinance No. 3472 was read by title. City Manager VanDerworp recommended continuance of the public hearing to May 24, 1999, because the grant of easement has not been received. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3472. No one appeared. On recommendation of the City Manager, Commissioner McClanahan moved to table Ordinance No. 3472 until May 24, 1999. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public heating to consider second reading and adoption of Ordinance No. 3475, re: annexing a portion of property lying between Sweet Gum Court extended easterly and Lake Mary Boulevard and between U.S. Hwy. 17-92 and Live Oak Boulevard. Sandefur and Associates, Inc., owner. Ad published April 29 and May 6, 1999. Ordinance No. 3475 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3475. Ron Henson, Design Service Group, representing the applicant, reported that this property will be a small part of the parking lot for the proposed shopping center to be located at the corner. On recommendation of the City Manager, Commissioner Lessard moved to adopt Ordinance No. 3475, entitled: AN ORDINANCE OF TH CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SWEET GUM COURT EXTENDED EASTERLY AND LAKE MARY BOULEVARD AND BETWEEN U.S. HWY 17-92 AND LIVE OAK BOULEVARD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. E718672 City MINUTES Commission, Sanford, Florida 7: 00 P.M. REGULAR MEETING MAY 10 591 19;99 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 McClanahan Aye Public hearing and second reading of Ordinance No. 3477 to close. vacate, and abandon Woodson Avenue between Cherokee Circle and U.S. Highway 17-92. Michael Nortman, owner. Ad published April 29, 1999. Ordinance No. 3477 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3477. Meredith Harper, Shutts and Bowen Law Firm, representing Michael Nortman, reported that Mr. Nortman is uncertain about the type of development that will be located on the property, but it will probably be multi-family or a commercial project. In conjunction with the vacation process, Ms. Harper said she worked with the neighboring property owners, the City, and the utility companies to draR easements. A twenty-foot easement was executed with the City and is ready for recording. A reciprocal cross access easement has been executed so the owners of Colorado Steak House and the U Haul site will have continued access from Hwy. 17-92. Finally, a grant of easement has been sent to the utility companies to cover their facilities, one of which has been executed, and the other two are being executed and should be ready for recording this week. easements. The Ordinance provides for an effective date contingent upon the recording of the City Attomey Colbert said that language has been added in the Ordinance that would provide for the recording of utility easements for Florida Public Utilities, Inc., Florida Power and Light Company, BellSouth Communications, and Time Warner Communications, Inc., so them wilt be no confusion that those easements will be part of the public record. Commissioner Eckstein moved to adopt Ordinance No. 3477, including the added easement language as recommended by Staff and the City Attorney, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& CLOSING, VACATING, AND ABANDONING A PORTION OF WOODSON AVENUE BETWEEN LAKE MARY BOULEVARD EAST AND FAIRMONT DRIVE EXTENDED EASTERLY AND BETWEEN CHEROKEE CIRCLE EXTENDED NORTHERLY AND HWY. 17-92; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First reading of Ordinance No. 3481 to amend the future land use map of the Future Land Use Plan Element of the Comprehensive Plan, and changing the designation of property lying between Sweet Gum Court extended easterly and Lake Mary Boulevard and between U.S. Hwy. 17-92 and Live Oak Boulevard from Industrial to Commercial/Office. Sandefur and Associates, Inc., owner. Ordinance No. 3481 was read by title. AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3079 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SWEET GUM COURT EXTENDED EASTERLY AND LAKE MARY BOULEVARD AND BETWEEN U.S. HWY. 17-92 AND LIVE OAK BOULEVARD FROM INDUSTRIAL TO COMMERCIAL/OFFICE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 592 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING MAY 10 19 99 Commissioner Williams moved to approve first reading of Ordinance No. 3481. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearing to consider tirst reading of Ordinance No. 5482 to re=one a portion of that certain property lying between Sweet Gum Court extended easterly and Lake Mary Boulevard and between U.S. Hwy. 17-92 and Live Oak Boulevard from RI-1 (Restricted Industrial) to GC-2 (General Commercial). Sandefur and Associates, Inc., owner. Ad published March 31 and April 9, 1999. Ordinance No. 3482 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3482. No one appeared. On recommendation of the City Manager, Commissioner McClanahan moved on the first reading of Ordinance No. 3482, entitled: AN ORDINANCE OF THE CITY OF. SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SWEET GUM COURT EXTENDED EASTERLY AND LAKE MARY BOULEVARD AND BETWEEN U.S. HWY. 17-92 AND LIVE OAK BOULEVARD FROM M-l, INDUSTRIAL (SEMINOLE COUNTY) TO GC-2, GENERAL COMMERCIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearing to consider first reading of Ordinance No. 3483 to rezone a portion of property lying between Sweet Gum Court extended easterly and Lake Mary Boulevard and between U.S. Hwy. 17-92 and Live Oak Boulevard from AG (AEricultural) to GC-2 (General Commercial). Ellen Thomas, owner; Jim Bartoe, P.E., Agent. Ad published March 31 and April 9, 1999. Ordinance No. 3483 was read by title. Mayor Dale reported the Commission would hear from those persons resent to speak for, or in opposition to, Ordinance No. 3483. No one appeared. On recommendation of the City Manager, Commissioner McClanahan moved on the first reading of Ordinance No. 3483, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORBA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SWEET GUM COURT EXTENDED EASTERLY AND LAKE MARY BOULEVARD AND BETWEEN U.S. HWY. 17-92 AND LIVE OAK BOULEVARD FROM AG, AGRICULTURAL TO GC-2, GENERAL COMMERCIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows; Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Condemnation Status Report. On recommendation of the Director of Community Development, Commissioner Lessard moved to remove from condemnation the following Condemnation Report Nos.: 98-25, 623 E. 2nd Street; 98-32, 812 Cypress Avenue; 98-33,814 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING MAY 10 593 19-- 99 Cypress Avenue; 98-34, 814 ½ Cypress Avenue; 98-40, 1310 Lake Avenue; 98-41, 1316 Lake Avenue. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Mr. Rowe recommended the demolition of Condemnation Report No. 98-16, 218 W. 12th Street/1119 Myrtle Avenue, Sam Nobles, owner. A meeting was held with Mr. Nobles, Director of Community Development, and the Acting Building Official regarding the property. As of April 27, 1999, no plans have been submitted or permit issued. This evening a young lady delivered plans and a drawing of the structure where it appears a roof was going to be replaced. Commissioner Eekstein said Mr. Nobles received an extension until May 12, 1999 and moved to table this item until May 24, 1999. 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 McClanahan Aye On recommendation of the Director of Community Development, Commissioner Williams moved to authorize a thirty day extension for Condemnation Report No. 98-23, 105 Scott Drive. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Inoperable/Untagffed vehicles - time extension requests. On recommendation of the Director of Community Development, Commissioner McClanahan moved to authorize an extension until May 30, 1999 for 207 Red Coach Court, O~ando Alava, owner; 184 Kelly Circle, Rita Orama, owner; 701 W. 241h Street, Billy Coffrnan, owner; 119 W. 16th Street, for three vehicles, Kenneth Conrad, owner. 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 McClanahan Aye Mr. Rowe recommended denial of an extension for 1100 Oak Avenue, Barbara Barnes, because she previously received an extension. Commissioner McClanahan moved to deny the extension. The motion died for lack of a second. Commissioner Eckstein moved to authorize a thirty-day extension. 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 McClanahan Aye A1 Bowlin, 2515 S. Elm Avenue, said he has a 1968 Ford truck that has been in his yard for ten years or more. Three years ago someone from the Code Enforcement/Building Department told him he could keep the vehicle in the yard as 594 E71~7~ MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING MAY 10 1999 long as it was covered. He said his property is surrounded on the south side and east side by Seminole Paint and Body Shop, the west side faces Ell Avenue, and the north side adjoins the Church of God parking lot. The paint and body shop has a blind fence surrounding their property. Mr. Bowlin requested permission to keep the truck parked on the south side of his yard, between his property and the paint and body shop until he can restore it. He said he would erect a blind fence which would run the twelve feet facing Ell Avenue. He said he felt he shotrid be granted a waiver or grandfathered because of what he was told three years ago. Mr. Bowlin reported that he had a signed statement from his neighbors that they do not object to him having the truck parked in his yard. After discussion, Commissioner Eckstein moved to grant a ninety-day extension to allow time for repairs to be made to the truck. Seconded by Commission Williarns and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Acceptance of fair market value appraisal for rental property located at 2208 W. 251h Street. and approval of the lease extension and Modification A~reement with Glenn McCall. City Manager VanDerworp reported that John Sauls Agency was retained to provide a fair market rental value appraisal for property located at 2208 W. 251h Street~ and recommended $1,000. a year as the estimated value of this lease. Mr. McCall paid all arrearage fees in the amount of $2,054.00 and expressed an interest in purchasing the property. A letter was received William Cullen Kehoe expressing an interest in leasing the property, based on the new economic value of $1,000. per year. The City Manager said the extension of the lease is for five years at $1,000 per year, and has a sixty day written termination notice clause. After discussion, Commissioner MeClanahan moved to authorize the new lease with Mr. McCall. Seconded by Commissioner Eckstein. Glenn McCall offered to purchase the property at fair market value and that money paid for the new lease be applied to the purchase. Mayor Dale said the consensus of the Commission was to not sell the property because there is potential for the property to be used for other purposes. The vote was carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First reading of Ordinance No. 3479 re: continued authorization for a "temporary Buildinff Official" position in the Community Development Department, effective February 29, 1999. Ordinance No. 3479 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3479, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS TO PROVIDE FOP, CONTINUED AUTHORIZATION FOP, A TEMPORARY "BUILDING OFFICIAL" POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT EFFECTIVE FEBP,UARY 29, 1999 FOP, A PEP`IOD NOT TO EXCEED SIX (6) MONTHS, PP,OVIDING FOP, SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Mayor Dale asked why position changes require an ordinance. Attorney Colbert said the City's positions are normally established by ordinance and have been amended by ordinance. An ordinance can't be amended by a resolution, however, the procedure could possibly be changed to be handled through a resolution, but it would require changing the Code through the adoption of an Ordinance. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: E718672 City MINUTES Commission, Sanford, Florida 7: 00 P.M. REGULAR MEETING MAY SqS' 10 1999 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye The Commission discussed having personnel positions handled through resolution as opposed to ordinance, and concurred that the City Manager bring a recommendation to the Commission for action. First readhE of Ordinance No. 3480 re: deletion of thirty-seven (:t7) positions in the Solid Waste Division. and deletion of one (1) position of Acting Buman Resorttees Director in the Buman Resources Division. Ordinance No. 3480 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3480, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS TO PROVIDE FOR PERSONNEL-RELATED REVISIONS TO BE INCORPORATED INTO THE '~CLASSIFICATION AND PAY PLAN" TO PROVIDE FOR DELETION OF THIRTY SEVEN (37) POSITIONS IN THE PUBLIC WORKS/SOLID WASTE DIVISION AND THE DELETION OF ONE 91) ACTING HUMAN RESOURCES DIRECTOR IN THE CITY MANAGEWHUMAN RESOURCES DIVISION; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Approve llight-of-Wa~v Use Agreement at the Sanford Crisis Pregnancy Center, 1002 French Avenue, for a portion of the 10th Street fight-of-way for parking purposes. City Manager VanDerworp said the applicant is proposing to add grass on French Avenue and to delete some parking areas and move those parking areas further west along Tenth Street. Mayor Dale said he is concerned about the use of a fight-of-way for non-intended purposes. Commissioner Eckstein said that some of the right-of-way use permits issued in the past have had compelling service to the people involved. He said that when the ordinance was drafted regarding right-of-way use permits, the intent was to get around problems regarding parking, and that the permit could be revoked at any time. Mayor Dalesaid the City is involved in a lawsuit by a land owner because a right-of-way request was granted and paved parking was' installed in the right-of-way and on her property. The tax payers bear the burden of defending a lawsuit. Although everyone that requests a right-of-way use permit claims. to have a good cause, he said the Commission should start "biting the bullet" on right-of-way use requests. Af[er discussion, and on recommendation of the City Manager, Commissioner McClanahan moved to approve the Right-of-Way Use Agreement for Sanford Crisis Pregnancy Center for a portion of the 10th Street right-of-way for parking purposes. 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 McClanahan Aye Approve Conference Center lease and commitment letter. City Manager VanDerworp said he briefed the Commission in today's Work Session regarding the lease and is E718672 MINUTES City Commission, Sanford, Florida 7:00 P.,M. REGULAR MEETING MAY 10 recommending approval and execution of the lease which includes a requirement that the City will do a parking study and an environmental study of the property. Millard Hunt, 801 East Second Street, representing the Society for the Preservation of Fort Mellon Park and the Responsible Development of Sanford, reported that although he is not competent to discuss the lease in any detail, there is concern that the developer wants another 120 days to conduct the feasibility study. He said it is not riseally responsible nor good planning, and doesn't make sense to keep discussing the project and putting tax payers money into it until the feasibility of the project can be determined. If the lease is approved it would be like putting the cart before the horse. Aside from the lease, the Society maintains the basic position against using Fort Mellon Park for a commercial development and intends to proceed with the Administrative Heating that has been granted to examine more thoroughly the Comprehensive Plan changes that have been passed by the Commission and approved by the Department of Community Affairs in Tallahassee, subject to the Society's petition for a heating. The Society intends to proceed if the City doesn't win its motion to dismiss, which he received today. Mr. Hunt said there is a substantial project proposed for west of 1-4 called the Colonial Perimeter Center. There are 164 acres located west of 1-4, east of Orange Boulevard, north of SR 46A, which will include two hotels, over a million square feet of office space, over two hundred units of multi_family housing, and two unassigned plots between the two hotels where a conference center could be located. He asked the Commission what their thinking was about pursuing the hotel/conference center in Fort Mellon Park since there is a much larger project with two hotels and plenty of space for a conference center. Commissioner Eckstein said there were similar substantial threats that Sanford would never have a mall. There were many nay sayers, but the Sanford Mall is the best thing that ever happened to Sanford. The City is moving forward to do what is in the best interest Sanford and the economic viability of downtown Sanford. Mayor Dale said the fact that these projects are developing along the 1-4 corridor is the reason the conference center is needed. He is familiar with the project and the fact that there ~are two hotels gives more credence as to the success of the conference center, because more hotels are needed than the one that will be with the conference center. There are no plans for a conference center in the Colonial Perimeter Center. The development of the Center is more reason for opportunity of success for a conference center. Because Sanford is the County seat, it is important for there to be a hotel/conference center to serve the needs created by development. The citizens of Sanford voted in favor of the hotel/conference center and the Commission is going to proceed. Doreen .Freeman, 705 Mellonville Avenue, reported concem regarding the lease and that PRA is being given another 120 days to complete the feasibility study. She said she didn't understand what was going to be let% for the developer to do since the traffic study has been done, and the City is going to do the environmental assessment and the parking study. She said she didn't understand why we are proceeding with the project before we know it is feasible. She said ifit's feasible then the developer shotrid be able to do the study and we should know that it' s ok and then go forward. She said that it is not good business sense to do it the way we are doing it, and she will hold this Commission accountable for all the money that we have put into this so far, if it tums out that the project is not feasible. She said the feasibility study should have been done before the project was planned. Commissioner Lessard said the developer still has the "lion's share" of the feasibility study to do. His responsibility lies in finding the financing, which is a much larger task than the environmental assessment and the traffic study 1999 I~718672 MINUTES City Commission, Sanford, Florida 7:oo P.M. REGULAR MEETING MAY 10 597 1999 that the City is going to do simultaneously. Mayor Dale said the project has tracked exactly the way it should track and gone exactly the way it should go. A project of this magnitude is a time consuming process. Commissioner Eckstein said you don't know if something is going to be successful unless a feasibility study is done. If the study comes back that the project is not feasible, then there will not be a hotel/conference center. The Commission has to pursue this project because we feel it is in the best interest of Sanford. Mayor Dale said the hotel/conference center went to referendum and the citizens of Sanford voted to proceed and we are doing so as diligently, fairly, and as carefully as possible. The City is going through the correct process for a development of this magnitude. A business like approach is being taken with this project. You have to move slowly and carefully, and sometimes extensions have to be granted. In response to a question from the audience, Mayor Dale said the lease provides for a minimum base lease of $750,000. and anything in addition starts out for the first few years at 1% and after that is 3%. Dr. Storm Richards, 1804 Maple Avenue, Sanford, said that in 1973 he did an exhaustive study on corridor development in Central Florida, including Seminole County. The Hwy. 46 corridor was far superior to any other development corridor in Central Florida due to the transportation systems and large parcelization. Those are the same things that drive the engine that will cause development to occur on a large scale in downtown Sanford, whether it' s a conference center, hotel, or a major development. The socio economics and demographics indicate that with development such as the mall, development will be pushed toward downtown, with or without a conference center. It can be controlled and planned if it is known what type of development is going to occur. The conference center serves the purpose of major, progressive development. It is important to not ignore the opportunity. If there is strip development from the mall to downtown Sanford, there will be no way to control the growth, because it will be too small to have any major input into directing how the growth occurs. If there is a large development that is planned for and well thought out, there could be tremendous economic impact. Mr. Riehards said he has done feasibility studies and it does take time; there are variables, analysis, and information necessary to do a definitive study. If there is a mix of money from the State, County, City, and private money, if becomes complicated and there is no simple analysis. Carem Gager, 1209 W. 19th Court, reported he is against destroying the quality of life in Sanford. He said he didn't understand how the City could commit to a hotel/conference center before a feasibility study is completed and it is the responsibility of the developer to do a feasibility study. He said the referendum was bought with big money and developers, and if the people of the City had known what they were voting for, it would never have passed. He said he is ashamed of what has happened to the City and ashamed of the people who didn't take the time to understand what they were voting for and wished that things had gone the other way. Mr. Gager questioned the Commission regarding their position on the hotel/conference center: have they changed their mind, are they skeptical about not having a feasibility study, is there concern that the County may not support the project? Commissioner Eckstein said he hopes the feasibility study comes back very positive, although he is not 100% sure because he has seen feasibility studies go the opposite way. He is concerned that the developer has to come up with a lot of money, however, any type of business is a risk. As far as investment is concerned, the City does not have that much at risk right now. He said the City has to move forward with the project, because if we don't, there may not be another opportunity 598 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING MAY 10 1999 to move forward to make the City something special as far as the downtown area, a riverwalk with amenities, and a nice marina, and that would be failing the tax payers. Commissioner Williams said she tends to operate out of a philosophical frame of reference that embraces the idea that we must be proactive and progressive in what is done in Sanford. She views Sanford as a diamond in the rough that has begun to shine and she is in support of any development initiative that will result in Sanford polishing the diamond until it shines and glitters and becomes a model throughout the Country. 'As far as the feasibility study is concerned, she has concerns but hopes that it comes back positive because Sanford needs development. She doesn't feel that the City has wasted a lot of time. She said if she had the kind of money the developer has, she would have had reservations about spending until certain things happened as they did. She feels confident and thinks positive. As far as the County is concemed, she hopes that the City will receive support. Mayor Dale said if things don't happen, they have to be made to happen by a myriad of interests in the community. Even if everyone was on board and 100% enthusiastic, it would be a difficult project to bring to fruition. This is a forty million dollar development and the community has to put forth an effort and an investment in the oppommity to bring a project such as this to Sanford. Mayor Dale said the City has moved forward in a business like fashion and moved forward with the support of the County Commission. The County Commission chose the site of Fort Mellon Park for the County conference center and he thinks the majority of the County Commission would still like to see the project go forward. The County Commission voted to continue to stay in the project and to continue to have someone monitor and review the feasibility study. Mayor Dale said he doesn't know if the feasibility study will return favorably, but it is owed to the citizens of Sanford to bring the project to fruition because of the benefits that it will bring in revitalizing downtown and bring back the rich tradition of our historical neighborhood. Commissioner Lessard said the quality of life issues can't be limited to a piece offand, and that poverty, crime, and an unbearable tax burden are things that affect the quality of life. He said he is not nervous about the feasibility study. He said he has met Mr. Pacitti on several occasions and he seems to be an honest man. Commissioner Lessard said he is comfortable with the lease and thinks that the City is finally in business and in a situation where dealings with the private sector can be dealt with in abetter way. Commission Lessard said he is excited to see the feasibility study and will be disappointed if it comes in unfavorable and if it comes in favorable he will be excited and continue to evaluate it and try to get the project manifested. Commissioner McClanahan said he has a lot of concerns about the lack of a feasibility study. He also had concerns with the referendum because of the amount of money spent by the proponents as compared to the resources that were available to the Society. He said that at this point in time he is not prepared to vote in favor of the lease. He said he hopes that his vote is wrong and that the project is everything that has been said that it is going to be, but he is not convinced that it is. Commissioner McClanahan said he is concerned with the whole project and doesn't think it is the golden answer to the wo~d and would not vote. in favor of the lease at this time. Bart Kush, 904 Park Avenue South, said the current quality of life in Sanford is being destroyed every time there is a drug bust at 10th Street and Park Avenue; when Sanford Main Street cleaned up the street and planted flowers; every time a new business owner opens a business on First Street. What the informed, educated, and non-paid off citizens of Sanford decided in the referendum was they were for destroying the current quality of life in Sanford. Mr. Rush said the current quality of life in Sanford allowed a landmark band shell to be destroyed, historic structures to be destroyed, the decline of the school E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING MAY 10 599 19-- 99 system, the deterioration of the citizenry being taken over by crime and drugs, and the reputation established in Central Florida as the place not to go. Mr. Rush said he would not rest until the quality of life becomes the diamond it has been and is intended to be. Mr. Rush said he would like to know the expenditures associated with the referendum as well as attorney fees paid to respond to court orders which were thrown out. During the referendum there were people who were initially opposed to the project who changed their minds when they learned the facts. He congratulated the Commission and Staff on following through, and believes the project is being handled in an above board and honest manner. He said the vote tonight will help accomplish the destroying of the current quality of life in Sanford and make it a jewel of a place to live. Larry Strickler, Vice-Chairman of the Community Redevelopment Agency, reported that at the Agency' s meeting last week a vote was taken to come before the Commission tonight to show continuing support for Sanford's downtown development. He said that Sanford is not only a jewel, but the best jewel in Central Florida, and it does need to be polished. He said he has seen the quality of life improve in Sanford over the last seven or eight years. He has been involved with the Visioning Committee, the Waterfront Steering Committee, and is currently involved with the CRA. He said that the Waterfront Steering Committee and the CRA identified the need for the credibility of investors in Sanford, both from the public sector and the private sector. The public sector is the County. A potential private sector investor is PRA. Whether the conference center works out or not, the referendum made Sanford a credible place for the private sector investor to come. Sanford' s image has changed and will continue to change for the positive. Mr. Strickler said the CRA is behind continued progress and encouraged the Commission to proceed with the worthwhile project. Atter discussion, and on recommendation of the City Manager, Commissioner Williams moved to approve the Agreement of Lease between the City and PRA, including the City providing the environmental study, parking study, and the commitment letter. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Nay Approve Ri4~ht-of-Way Use A~reement for a portion of East 7th Street for a residential structure on property located at 618 Me!lonviile Avenue. City Manager VanDerworp reported the existing single-family residential structure currently encroaches 3.97 feet The street curb where the pavement begins is located approximately 10-12 feet from into the right-of-way of East 7th Street. the structure. On recommendation of the City Manager, Commissioner Lessard moved to approve the Right-of-Way Use Agreement for the use of a portion of East 7th Street for a residential structure encroachment on property located at 618 Mellonville Avenue. Seconded by Commission Willjams and earfled by vote of the Commission as follows: Consent Agenda. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye On recommendation of the City Manager, Commissioner Eckstein moved as follows: 600 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING MAY 10 19 99 Approve street closure of Seventh Street, from east of Elm Avenue intersection to west of Myrtle Avenue intersection, on Saturday, May 15, 1999 from 11:00 A.M. through 4:00 P.M., in conjunction with The Sanford Historic Trust, Inc. 's Fourth Annual Garden Tour. Approve payments made during the month of March, 1999. Approve scope of service proposal for Fishkind and Associates, Inc. Approve budget revision for Stormwater Fund. Approve budget revision for Solid Waste Fund. Approve emergency water service to property at 3260 & 3280 Ohio Avenue, with applicant to pay all costs associated with the extension and hookup, Annexation Petition to be recorded, and City Commission to consider annexation of the property when it becomes annexable; George and Norma Wilson, owners. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Add-on items. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye On recommendation of the City Manager, Commissioner Lessard moved to approve the City/Airport Authority Ground Lease for twenty acres at the Airport for the proposed Wastewater Treatment Facility. 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 MeClanahan Aye City Attorney's Report. 1. City Attomey Colbert said there is lawsuit pending which involves City right-of-way, a utility easement located on Hwy. 46, west of Town Centre Apartments. In 1991 the City acquired autility easement and in 1992 placed City utilities in the easement. In 1998 a tax deed was obtained and the successful purchasers of the tax deed filed a quiet title suit. The City's easement had not been recorded. There is a specific Florida Statute which states that a utility easement survives a tax deed if it was recorded prior to the tax deed. If not recorded prior to the tax deed, the easement would have to be clearly visible to any prospective purchaser in order to survive a tax deed. There are manholes on the property, however, the property is undeveloped and somewhat overgrown, so it would be a subject for a court to decide whether or not the easement was visible. Mr. Colbert said it would be expensive to relocate the existing utilities. The value of the easement in 1991 was approximately $2,500., and today is probably worth $5,000. to $6,000. The property is under contract for sale and ,a quiet title suit has been fled naming the City as the defendant. Mr. Colbert said his office has been defending the suit and discussing it with City staff. Last week there was a meeting to discuss settlement and the owner has offered to settle the easement issue for $10,000. Mr. Colbert recommended the City consider the offer because of economic reasons. The potential outcome of the case is uncertain and if the City does not prevail in the litigation, then the easement could be acquired by condemnation which would cost considerably more than $10,000., or relocate the utilities which would cost more than $10,000. ARer discussion, and on recommendation of City Attorney Colbert, Commissioner Williams moved to authorize E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING MAY 10 19-- 99 payment of $10,000. to settle the easement question. Commission as follows: Seconded by Commissioner McClanahan and carded by vote of the Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye 2. City Attomey Colbert reported that regarding Fort Mellon Park, the Department of Community Affairs has referred the matter to the Division of Administrative Hearings, which sent notices. Mr. Colbert said that today his office filed a motion to dismiss the petition. The Department of Community Affairs dismissed it itself the last time and has referred it to the DMsion of Administrative Hearings. The Department of Community Affairs will make a decision in the next ten days whether to join the City in its motion to dismiss. After that, the motion to dismiss will be called up to see if the petition can be dismissed on the grounds cited in the motion. Mr. Colbert said that in the meantime, it will be necessary to prepare the City's case for a hearing. Considering the scheduling and the calendars for the Department of Community Affairs and the Division of Administrative Hearings, fithere is a hearing, it will be in late August or early September. Mr. Colbert said in order to get prepared it may be necessary to retain an expert witness or co-counsel, and recommended Mr. Tom Pelham. Mr. Pelham used to be the head of the Department of Community Affairs and is one of the authors of Comprehensive Planning. He is in private practice and has worked with Mr. Colbert's office on a number of comprehensive plan challenges. Mr. Colbert's office has used Mr. Pelham as an expert witness and members of his law firm as co-counsel. Mr. Colbert asked the Commission to authorize the City Attomey to retain Mr. Tom Pelham to assist the City in its case in the capacity of expert witness or co-counsel at a rate not to exceed $175.00 per hour. On recommendation of City Attomey Colbert, Commissioner Eckstein moved to authorize the City Attorney to retain Mr. Tom Pelham to assist the City in its case in the capacity of expert witness or co-counsel, at a rate not to exceed $175.00 per hour. 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 McClanahan Aye 3. Mr. Colbert reported that at the last meeting he advised the Commission there was a heating regarding the public records request case in which the Orlando Sentinel brought suit against the City. There was a hearing before Judge Lester regarding the public records request and he ruled in favor of the City. Last Friday a copy of a final order was received and the last sentence of Judge Lester's order reads "...the City of Sanford is released from further responsibility herein." The City of Sanford is completely out of that case, pursuant to the court order. 4. Mr. Colbert reported that the ease regarding Gas Properties, Inc., which'involves the fence at the former Fina Station at the comer of Park Avenue and Third Street, has been pending for quite some time. The City prevailed in an earlier appeal of this case and there is an additional item on appeal that was set for arguments last week. The appellant offered a stipulation for settlement which has been discussed and tentatively approved subject to Commission approval. Gas Properties, Inc. would agree to remove the chain link fence from the property within ten working days from the day the stipulation is approved. A site plan would be submitted which would show screening around the dumpster, which would be either a cement block wall with stucco or brick, and new landscaping along the property lines where the chain link fence was previously located. E718672 6,02- MINUTES FI ri 7:00 City Commission, Sanford, o da P.M. REGULAR MEETING MAY 10 19-- 99 If they choose to erect a fence, they would be required to comply with City Codes concerning the fence, and the Code Enforcement Order would be amended to include this. Once the site plan was approved, the screening around the dumpslet would have to occur within twenty days. Upon all that transpiring, the Code Enforcement case would be dismissed with no further proceedings. The bottom line would be the chain link fence would be removed, the plan would be submitted to screen the dumpster with stucco and brick, and the case would be dismissed with no further proceedings. The proposed settlement would accomplish compliance with City Codes. ARer discussion, Commissioner Lessard moved to accept the proposed stipulation. The motion died for lack of a second. Commissioner McClanahan moved to reject the 'proposed stipulation, request reimbursement for court costs, and that Gas Properties, Inc. come into compliance. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: City Clerk's Report. No report. City Manager's Report. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye The City Manager said he will attend a meeting on May 12, 1999 at 6:30 at the Boys and Girls Club regarding the gasi~cation site. It is a community meeting and a community advisory group will be formed. City Commissioners' Reports. Commissioner Eckstein - no report. Commissioner Williams - requested that the City Manager provide a status report on the Mill Creek Project. Commissioner Lessard - reported he and the City Manager met with the Commissioner McLain and acting County Manager Cindy Coto last week regarding negotiations for Seminole County to acquire City Hall and the meeting was extremely positive. He and the City Manager will appear before the County Commission on May 25 to present findings. He requested that there be no further discussion regarding a new City Hall until there is a confirmed agreement with Semin61e County regarding the County' s acquisition of the present City Hall. Attest: Commissioner McClanahan - no report. Mayor Dale - no report. There being no further business, the meeting was adjoumed. cp