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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 ./ ,/ /I 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