111687-Worksop SessionMINUTES
City Commission, Sanford, Florida
November !6,
1987
The City Commission of the City of Sanford, Florida, met in Workshop Session in
the City Manager's Conference Room of the City Hall in the City of Sanford, Florida, at
4:00 o'clock P. M. on November 16, 1987.
Present:
Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner John Y. Mercer
Commissioner Bob Thomas
Commissioner A. A. McClanahan
City Manager Frank A. Faison
Acting City Attorney Donna McIntosh
City Clerk H. N. Tamm, Jr.
Absent: City Attorney William L. Colbert
The meeting was called to order by the Chairman.
A representative from the First Methodist Church appeared to request consideration
of angle parking around Centennial Park __and stated that parking has always been
a problem with churches in the area and The First Methodist Planning Commission suggested
that angle parking might be a solution. The City Engineer explained that a study done in
September of 1985 of angle parking would result in 56 parking spaces compared to 48 now, at
a cost of $18,000.00.
The Commission next reviewed the status of the city ordinance on the County Road
Impact Fee Moratorium. The City Attorney, William L. Colbert, submitted a memo as follows:
MEMORANDUM
TO:
FROM:
RE:
DATE:
Frank A. Faison, City Manager/~.~__= -
William L. Colbert, City Attorney
Seminole County Road Impact Fee Lawsuit
November 12, 1987
This Memorandum is to up-dat~ you on the status of Seminole
County's Road Impact Fee lawsuit against the City ordinance
creating a moratorium on all road impact fees in Sanford.
Seminole County filed a Complaint against the City asking the
court to declare the City moratorium on all road impact fees null
and void. The City filed a Motion to Dismiss the County's
Complaint, which was denied by Judge Mize. On November 3, 1987,
the City filed an answer denying the County's complaint and
raising seven affirmative defenses on behalf of the City. we are
now in the discovery phase of the lawsuit.
There are similar suits pending against Casselberry and Winter
Springs. Since the issues are the same, if all parties agree, or
if the court orders it, the cases could be consolidated.
Ultimately, this lawsuit may be concluded in a trial requiring us
to not only attack the authority of the County to impose their
impact fee ordinance within the City, but also to attack the
methodology utilized by the County in drafting their particular
impact fee ordinance.
If the case is to be pursued to its ultimate conclusion, we
recommend consideration be given to the hiring of consultants to
serve exclusively as experts in the area of impact fee
ordinances. We have the names of two qualified experts, attached
is correspondence from them outlining their availability and rate
of compensation. A Consultant could provide valuable assistance.
If the cases are consolidated, the expenses could be shared with
the other cities.
Additionally, at the appropriate time, the City Ordinance ~1845,
which expires by its own term on December 22, 1987, needs to be
brought back to the Commissioners before its expiration for
consideration of whether or not to extend the moratorium again.
Should you have further questions, please feel free to contact
me.
/rrb
042
MINUTES
City Commission, Sanford, Florida
November ]6;
19 87
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The acting City Attorney, Donna McIntosh, further explained that the case was at
the discovery phase and experts needed to be contacted at this time, such as Fred Bosselman
of Burke, Bosselman and Weaver. Fred Bosselman was recommended by the Growth Management
Center and is a national expert on moratorium fees and litigation.
Frank Faison explained that if the Commission extended the moratorium, the City
Attorney could explore a joint undertaking with Casselberry and Winter Park and report back
at the next work session. Mr. Faison reported
moratorium for first reading would be November 23,
December 14, 1987.
The City Commission authorized staff to put together
and to place same on next work session agenda.
The Commission next considered the request from
Commission regarding what the City Commission
that consideration of extending the
1987 and the public hearing would be
a report
the
expects from them.
on the moratorium
Planning and Zoning
The City Commission
stated the City Commission has to
Commission is an advisory board to the
recommendations are not final. The
make the final decision, the Planning and Zoning
elected officials, and the Planning and Zoning
Commission authorized staff to let the Planning and
Zoning Commission know what the City Commission said and then set a meeting.
Request submitted from R. W. Whitaker regarding a lease of the "Kiwanis Parcel"
for a gymnastic Center. Mr. Whitaker explained that the City had leased property in Palm
Terrace to the Kiwanis Club for a park and that the Sanford Gymnastic Center had leased a
portion of the park from the Kiwanis Club in 1984. The Kiwanis Club turned their lease
back to the City and the Gymnastic Club would like to lease a site of approximately 1.2
acres of the 13.1 acre parcel.
The City Commission suggested City Engineer Bill Simmons, Recreation Director Jim
Jernigan, City Manager Frank Faison and Richard Whitaker meet and report back to the City
Commission.
The City Commission reviewed the Bid ~87/88-08, Utility Storage Hanger and
Building Enclosure.
The Commission.authorized said bid be placed on the agenda for November 23, 1987.
Mrs. Gerrie Small spokes person for the Citizens Against the Expressway Route
appeared and requested the Commission for support to take this issue to court. The City
Commission authorized same to be considered on the November 23, !987 agenda.
Mr. Gerald Brinton, Executive Director of the Expressway Authority stated the
ramp for the Interchange at 17-92 was proposed to be changed to retained the shopping plaza
at the present location.
Mr. Gerald Brandon spoke regarding the Red Lobster Sailing Regatta to be held
December 5th and 6th at the Marina and requested work at the beach site.
The Commission reviewed the Indian Mound Water.System acquisition. The City
Engineer, Bill Simmons, explained that in reference to the profit and loss this company
operates on a month to month basis. They have used special assessments on large repairs
and a charge°f $350.: for new customer deposits which is not refundable' There minimum
charge is $20.00 per month, second 10,000 gallons per month is $2.00 a thousand.
The City Commission authorized Indian Mound Water System acquisition be placed on
November 23, 1987 agenda.
MINUTE S 0 4 3
Ci~ Commission, San~rd, Florida November 16,
Th~ Commissi~ reviewed the request from Steve M. Hardin (Park Avenue Properties)
for right-of-way use permit, at the northeast corner of Park Avenue and 25th Street. The
City Manager stated he would like to encourage use of said right-of-way at this time and
City will review site plans before approval.
The Commission reviewed the September statement from the City Attorney for
payment and authorized said statement be placed on the November 23, 1987 agenda.
The Commission discussed the November 23, 1987 regular agenda.
The Commission authorized the park at Eighth and Park Avenue leased by All Souls
Church be placed on the November 23, 1987 agenda.
ATTEST:
There being no further business, the meeting was adjourned.
19 87