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032789-Regular SessionCity Commission, Sanford, Florida March 27 _ 19 89 The City Commission of the City of Sanford, Florida, met in Regular Session in City Hall in the City of Sanford, Florida, at 7:00 o~clock p. M. on March 27, 1989. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eekstein Commissioner Robert Thomas Commissioner A. A. McClanahan Commissioner Lan Howell City Attorney William L. Colbert City Manager Frank A. Faison City Clerk Janet R. Donahoe The meeting was called to order by the Chairman. A Public Hearing was held in accordance with erald on March 10, 1989, as follows: Notice published in the Evening NOTICE OF PUBllC HEARING FUNDING OF THE MASTER WAS'TEWATER LIFT STATION No~ice is hereby given tha~ the City o~ Smnford will hold p~blic hearing on Monday, March 87~ I989~ mt 7:00 p.m. Commission Chambers~ City Hall, 300 North Pmrk Avenue, Smn~ord~ Florida. The study entitled "Amendment No. 8 to the Sa~ord Facilities Plmn", based ~uoding o~ certain cmpital improvements on the receipt o~ Federal Gra~±s. The Federal Grant Progrm~ hms been revised and no~ consists o~ m Stmte Revolving Program. 'The purpose o~ this public hearing is to presen± the new ~unding system bmsed on the present proposed Sta~e Revolving Lomn Program. The project~ Master Wastewater Pump consists o~ construction o~ m new submersible pump s±mtio~ ~or. ~he Waste~mter Trea~men~ Plant amd witl cost appro×imm~e]y $1,800~000. Sewer user charges will be dedicmted to repaying the State t_oan. Financ~mI impacts o~ utility users will be presented mt the hearing. The hearing will provide i~erested parties mn opportunity to better understm~d the project mhd gran~ ~n~erested citizens, environmental groups~ ~nd representa~:ves ~rom local an(~ state agencies ~he opportunity msk ques~!ons and express opinions regarding ±he ~unding change. A copy o~ Amendment No. 2 to ~he 201 Fac~.li~ies ann other pertinen~ documents is available ~or public review the Public Information Depository located adjacen± to the Utility Director's O~ice in San~ord Ci±y Hmll. This notice is given pursuant to 40 CFR 85 and Chmp~er 17-50 All interested par%les are hereby notified ±hmt i~ a ~erson decides to appeal any decision made by ~he City Commission wi~h respect ~o any mmtter considered m~ such public heari~g~ he or she may need ~o ensure that a verbatim record of ~he proceeding is mmde, which record includes the testimony and evidence upo~ which the appeal is to ~e based. City of San~ord, Floridm Frank A. Faison City Manager Publish: March 10, 1989 MINUTES City Commission, Sanford, Florida March 27 Bill Simmons, City Engineer, introduced Terry Zaudtke, P.E. of Conklin, Porter and Holmes Engineers, Inc., who regarding the Master Pump Station: read the following prepared Public Hearing Statement PUBLIC HEARING STATEMENT FUNDING OF WASTEWATER SYSTEM IMPROVEMENTS SANFORD, FLORIDA May 22, 1989 The purpose of this public hearing is to obtain public input on the proposed Capital Improvements for the wastewater treatment system. These 'projects consist of construction of the following. A new submersible pump station will be constructed with an average daily flow capacity of 7.5 MGD and peak flow capacity of 15 MGD. This project was previously discussed at the March 27th Public Hearing and will cost approximately $1.89 million. A new effluent forcemain outfall for seasonal discharge to the St. Johns River at the 17-92 Bridge will be constructed. The flow capacity will be equal to the plant treatment capacity of 7.3 MGD. This project will cost approximately $1,447,000. An expansion of the reclaimed water distribution system will be constructed to serve the westerly area of Sanford. This project will cost approximately $1,502,000. A new westerly interceptor sewer system will be constructed to serve the westerly area of Sanford. This project will cos~ approximately $2,385,000. The wastewater treatment plant will be expanded (aeration system) to provide a total capacity of 7.3 MGD. This project will cost approximately $1,781,000. It is anticipated that funding for these projects will be obtained from the State RevoLving Fund Loan Program which replaces the State Grant program. Sewer user charges will be used to repay the state loans. The loan program consists of a maximum interest rate of 4.66~ for Fiscal Year 1989 and Fiscal Year 1990, a maximum repayment period of 20 years, a uniform annual payment and a rate coverage factor of 1.15. These projects will not necessitate changes Eo the user charge system as described in in the 201 Plan Amendment 2 (February, 1988). We have previously prepared a revision to the 201 Plan Amendment 2 (February, 1988) and provided copies to the City for review and presentation prior to the March 27th Public Hearing. We have recently amended Tables 4-4 and 4-5 to reflect the change in financing for the grant program ~o the State Revolving Fund Loan Program. This Revised Funding System (March, 1989) and 201 Plan Amendment No. 2 describes the Wastewater Improvement Program, the proposed methods of financing and the proposed impact on the customer. The construction of these projects is not expected to necessitate any change in sewer rates or changes to the customers. We have also prepared the state required document entitled "Capital Financing Plan". This document has been submitted to the State for their review and has been approved. A revised "Capital Financing Plan" will be submitted to include all projects funded by the State Loan Program and discussed at this Public Hearing. A copy of the "Capital Financing Plan" is available for public review in the Public Information Depository located in City Hall. The information contained in the "Capital Financing Plan" was obtained from the Revised Funding System (March, 1989), the 201 Plan Amendment 2 (February, 1988) and the bond validation documentation. These documents have been presented and discussed at previous public hearings. This concludes our statement regarding the master pump station and its funding. We will be glad to address any Commission questions at this time. Mr. Zaudtke asked if the Commission had any questions regarding his statement. Commissioner Thomas asked if the facilities would still be adequate by the year 2005. Mr. Zaudtke replied he believes with the improvements the Master Pump Station, that it will be adequate. The station will be adequate through that period of time, City is currently doing with the City Engineer stated that the pump that the 201 Plan calls for an additional plant capacity, bringing the plant capacity up to 7.3 million gallons! per day. 19 _ 89 MINU ES City Commission, Sanford, Florida March 27 19 The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed Master Wastewater Pump Station. No one appeared. Commissioner McClanahan moved to approve Amendment No. 2 to the 201 Plan. Seconded by Commissioner Thomas and carried by the unanimous vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea A Public Hearing was held in accordance with Notice published in the Evening Herald on March 7 and 17, 1989, as follows: February 22, 1989 NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida. at 7:00 o'clock P.M. on March 27, 1989, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that certain property lying between U.S. 17-92 and Cherokee Circle and between Lake Mary Boulevard and Woodson Avenue is proposed to be rezoned from AD Agriculture and SR-1A Single Family Dwelling Residential to that of GC-2, General Commercial. Said Property being more particularly described as follows: Section 14, Township 20 South, Range 30 East. The South 242.4 feet of the North 523 1/2 feet of All NW 1/4 of NE 1/4 East of ST. RD. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) Publish: March 7, March 17, 1989 Janet R. Donahoe City Clerk The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. No one appeared. The Chairman announced that due to an error in the ad, it would be readvertised for Public Hearing on April 24, 1989. Commissioner McClanahan moved to continue said MINUTES City Commission, Sanford, Florida -~ch 27 19 89 Public Hearing to April 24, 1989. Seconded by Commissioner Thomas and carried by the vote of follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea A Public Hearing was held in accordance with Notice published Herald on March 7 and 17, as follows: February 22, 1989 NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. the Commission as in the Evening Notice is hereby given that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on March 27, 1989, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that certain property lying between U.S. 17-92 and Cherokee Circle and between Lake Mary Boulevard and Woodson Avenue is proposed to be rezoned from AD Agriculture and SR-1A Single Family Dwelling Residential to that of GC-2, General Commercial. Said Property being more particularly described as follows: Section 14, Township 20 South, Range 30 East. The South 242.4 feet of the North 523 1/2 feet of All NW 1/4 of NE 1/4 East of ST. RD. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) Publish: March 7,_March 17, 1989 ~anet R. Donahoe City Clerk The Chairman announced that the Commission would hear from those persons present to speak in favor of, or.in opposition to, the proposed change of land use. Tom Deppen, representative for Daniel and Diane Cuebas, spoke in favor of the rezoning. The Chairman announced that due to an error in the ad, it would be re- advertised for Public Hearing on April 24, 1989. Commissioner Thomas moved to continue said Public Hearing to April 24, 1989. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Daryl McLain,Sanford Rotary Club, appeared and reported the Sanford Rotary Club has donated $25,000.00 for the Park on Park (Children's Playground) and requested authorization for the Sanford Rotary Club to install a plaque or build a small monument, 36" in height or less, at the playground, stating it is the Rotary Children's Playground. The Chairman thanked the Rotary Club for their contribution in the amount of $25,000.00 for the purchase of playground equipment. Commissioner Howell moved to authorize the request to install a Dla~u~. City Commission, Sanford, Florida _~rch 9_7 19 89 Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea A Public Hearing was held in accordance with Notice published in the Evening Herald on March 7 and 17, 1989, as follows: February 21, 1989 NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA Notice is hereby given, that a Public Hearing will be held in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on March 27, 1989, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that 'certain property lying South of and abutting West 25th Street and between Georgia Avenue and Hartwell Avenue, is proposed to be rezoned from SR- lA, Single Family Dwelling to RC-1, Restricted Commercial. Said property being more particularly described as follows: Lots 1, 2, 3, 28, 29 and 30, Block 35, Dreamwold, as recorded in Plat Book 4, Page 99 of the Public Records of Seminole County, Florida. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. Publish: record of the proceedings, evidence, which record is Sanford. (FS 286.0105) ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim including the testimony and not provided by the City of ~anet R. Donahoe City Clerk March 7, March 17, 1989 The Chairman announced that the CommisSion would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. Mack Cleveland, representative for the owners, appeared to speak in favor of the rezoning reque~st. Commissioner McClanahan moved to authorize the City Attorney to 'prepare the proper Ordinance to rezone said property. the vote of the CommissiOn as follows: Seconded by Commissioner Thomas and carried by Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The next item of business was the continuation of a Public Hearing to consider the second reading and adoption of Ordinance No. 1998, entitled: AN ORDINANC~-~'~--~--'~iTY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN U.S. 17-92 AND CHEROKEE CIRCLE AND BETWEEN WOODSON AVENUE AND LAKE MARY BOULEVARD EXTENDED EASTERLY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION ]71.044, FLORIDA STATUTES; PROVIDING FOR MINUTES City Commission, Sanford, Florida _N~i_ ch 77 19 ~q The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 1998. No one appeared. The City Engineer reported that Mr. Gregory, owner of the subject Property to the North, has stated he will submit an annexation petition. Commissioner Thomas moved to table said Public Hearing to the meeting of April 10, 1989. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea A Public Hearing was held in accordance with an ad as follows: January 24, 1989 published on March 17, 1989, NOTICE OF A PUBLIC BEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF TSIE THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given %hat a Public Bearing will be held in the commission Room at the City Ball in the City of Sanford,. Florida, at 7:00 o'clock P.M. on February 27, 1989, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that certain property lying between CR 46A (W. 25th St.) and SCLRR R/W and between Upsala Road and Oregon Avenue is proposed to be rezoned from AG, Agriculture to that of SR-1, Single-Family Dwelling Residential and MR-I, Multiple-Family Residential. Said property being more particularly described as follows: Ail lying within Sec 33 TWP 19S, Rge 30E, Seminole County, Florida: To SR-I: S. 17 1/2 CH of E. 16.28 CH of NW 1/4; AND ALSO N 3/4 of NE 1/4 of SW 1/4; AND ALSO N 1/2 of SE 1/4 of NW 1/4 of SW 1/4. ': To 5~-i: Lots 29, 33, 36 through 44, 47, N 1/2 of Lot 45 a~d N 1/2 of Lot 51 (LESS RDS) New Upsala, PB 1, page 67; AND ALSO N 3/4 of SW 1/4 of NE 1/4 (LESS N 2 1/2 CH and S !0 CH of E 10 CB); AND ~SO N 1/2 of SW 1/4 of NW 1/4 of SE 1/4; AND ALSO beg. 330' N of SE cot of NW 1/4 of SE 1/4, Run W 560', S 544.46', E 560' N 544.6 ft to Beg. All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. :' ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence,, which record is not provided by the City of Sanford. (FS 286.0105) ~anet R. Donahoe City Clerk ~'~.~'~ Februar? ~ and i7, ~9E~ Ordinance No. 2010, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN CR 46A (W. 25TH ST) AND SCLRR R/W AND BETWEEN UPSALA ROAD AND OREGON AVENUE FROM AG (AGRICULTURAL) DISTRICT TO SR-1 (SINGLE FAMILY DWELLING RESIDENTIAL) DISTRICT AND PD (PLANNED DEVELOPMENT) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. .............................................. M!NU S .... City Commission, Sanford, Florida March 27 19 89 introduced and placed on first reading at meeting of 3/13/89, was next placed on final reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 2010. No one appeared. The Chairman reported that this item should be tabled until after the Comprehensive Plan Amendment is adopted, on or about May 22, 1989. On motion of Commissioner McClanahan, seconded by Commissioner Thomas, the Public Hearing was tabled to May 22, 1989, by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McCtanahan Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 2004, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF GRANDVIEW AVENUE LYING BETWEEN 25TH STREET (SR 46) AND EAST 24TH PLACE AND LYING BETWEEN SANFORD AVENUE AND POINSETTA AVENUE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 2015, er~titled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 2000 WHICH AMENDED ORDINANCE 1990 OF THE CITY CODE WHICH ESTABLISHED LAND DEVELOPMENT REGULATIONS IN THE CiTY TO AMEND SCHEDULE "C", AREA AND DIMENSION REGULATIONS, TO RE-ESTABLISH MINIMUM LIVING AREA REQUIREMENTS FOR ONE- AND TWO-FAMILY DWELLINGS TO PRIOR LEVELS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the Vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea items were approved as follows: MINUTES City Commission, Sanford, Florida March 27 19 89 Final Statements for Engineering Services from Conklin, Porter & Holmes {1) For core sewer collection system rehab ($2,143.18) {2) Incremental sewer collection system rehab ($5,916.74) The Mayor reported receipt County Commissioners, as follows: INCLUDE GLE of a letter from Sandra S. Glenn, Chairman, Board of COUNTY OF SEMINOLE FLORIDA BOARD OF COUNTY COMMISSIONERS PHONE {305) 321-1130 AfC ~ ~'~ ~ - March 16, 1989 1101 EAST FIRST STREET SANFORD FLORIDA 32771 Bettye D. Smith, Mayor City of Sanford Post Office Box 1778 Sanford, Florida 32772-1778 Re: Impact Fees Litigation Dear Bettye: As you are no doubt aware, on March 9, 1989 the Fifth District Court of Appeal issued its ruling in the impact fee c~se. The Court held that the County had the authority to impose impact fees countywide to support the County road system and that the cities could not block the collection of the fees by enactment of moratorium ordinances. We had understood that issue was the sole issue of dispute between our respective governments as all the cities supported the use of impact fees to fund growth related road improvements. It was also our understanding that all parties to the litigation agreed at the time of the hearing before Judge Leffler that the sole issue was an issue of law. I have enclosed a portion of the transcript for your review. According to the Order of the District Court, it appears the attorney representing the cities indicated that there were still issues that needed to go to trial. Based on that understanding and our desire to bring this matter to a close without the expense of trial on technical issues related to the impact fee methodology, we have directed our counsel to petition the District Court to reconsider that portion of its Order which indicated that there were still matters to be tried. We hope this will end this controversial litigation and allow us to move on constructively toward resolving our joint needs. Very truly yours, Sandra S. Glenn, Chairman The City Manager reported that he' had met with Ken Hooper, Seminole County Administrator, and that Mr. Hooper stated that the County would not ask the City to collect Transportation Impact Fees as a result of development prior to when the City and County settle the Transportation Impact Fee lawsuit. However, Mr. Hooper would not guarantee that the County would not try to collect these back impaot fees from developers. Commissioner Thomas moved to authorize the City Manager to speak again with Mr. Hooper, for the City Attorney to speak with the County Attorney's office; and for the Mayor to speak with the Chairman of the County Commission, to try to reach settlement of the Transportation Impact Fee lawsuit with a caveat that the County not collect back fees against developers who have done business in the City of Sanford. Seconded by Commissioner McClanahan. M!NUT;iES City Commission, Sanford, Florida _~_ar c2~2 7 19 89 Commissioner McClanahan moved to amend the motion to instruct the City Attorney to drop the litigation contingent on the County agreeing not to attempt to collect fees as a result of development prior to the date that the City agrees to drop the litigation. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Thereupon, the Chairman called for the vote on the motion amended motion was carried by the vote of the Commission as follows: Commissioner Howell Commissioner Eekstein Commissioner Thomas Commissioner MeClanahan Mayor Smith Yea Yea Yea Yea Yea as amended, and the Commissioner Thomas moved to adopt the Planning Study for Westerly Interceptor Sewer, and authorize staff to proceed with final design of first phase construction. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The next item of business was continuation of a Public Hearing to consider second reading and adoption of Ordinance No. 2008, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1949 TO DELETE PERMIT FEES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed adoption of Ordinance No. 2008. No one appeared. Commissioner Howell moved to amend Ordinance No. 2008 by deleting the section regarding removal of parking restrictions. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner McClanahan Mayor Smith Yea Naye Yea Naye Yea The Commission appointed Ron Neel, Shaun Briggs and Chuck Volk, to meet with Director of Engineering and Planning and study the parking requirements necessary for the island, and for Director of Engineering and Planning to submit report to City Commission. Commissioner Howell moved on the passage and adoption of said amended Ordinance No. 2008. Seconded by Commissioner Eckstein and carried by the Vote of the Commission as MINUTES City Commission, Sanford, Florida _55' 19 89 Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Naye Naye Commissioner Eckstein moved to authorize the Mayor to execute and staff to submit the application for Tourist Development Council Grant Application. Seconded by Commissioner Howell and carried. Commissioner Eckstein consulting assistance in dealing McClanahan and carried. moved to authorize staff to issue Request for Proposal for with Section 89 Mandates. Seconded by Commissioner Commissioner McClanahan moved to authorize City Attorney prepare the proper Ordinance to adopt Revised Personnel Rules and Regulations dated February, 1989. Seconded by Commissioner Thomas and carried. Commissioner Thomas moved to authorize purchase of twelve (12) benches and one (1) trash receptacle for the downtown area, in accordance with request from Scenic Improvement Board. Seconded by Commissioner McClanahan. Commissioner Thomas suggested staff could duplicate the design of the trash receptacle cover, and moved to amend the foregoing motion to exclude the trash receptacle. Seconded by Commissioner McClanahan and carried. Thereupon, the Chairman called for the vote on the motion as amended, and same was carried. Resolution No. figures as follows: 1537 was read and adopted. Said resolution being in words and RESOLUTION NO. 1537 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, REQUESTING THAT THE LEGISLATURE OF THE STATE OF FLORIDA PASS LAWS PROVIDING SOURCES OF FUNDING FOR THE RECENT AMENDMENTS TO CHAPTER 121, FLORIDA STATUTES AND FOR THE IMPLEMENTATION OF CHAPTER 163, FLORIDA STATUTES, AND TO PURSUE OUR AMENDMENT TO THE CONSTITUTION OF THE STATE OF FLORIDA THAT REQUIRES THAT ANY FUTURE LEGISLATION MANDATING ACTION BY A UNIT OF LOCAL GOVERNMENT, WHEN SUCH ACTION PLACES A FINANCIAL BURDEN ON THE UNIT OF LOCAL GOVERNMENT, WILL PROVIDE A SOURCE OF FUNDING SUFFICIENT TO COVER THE .COSTS OF SUCH ACTION WITHOUT THE REQUIREMENT FOR A REFERENDUM BY THE UNIT OF LOCAL GOVERNMENT. WHEREAS, Chapter 11 (Section 11.076(1)), Florida Statutes requires that "Any general law, enacted by the Legislature after July 1, 1978, which requires a municipality or county to perform an activity or to provide a service or facility which activity, service, or facility will require the expenditure of additional funds, must include an economic impact statement, as defined in s. 11.075, estimating the amount sufficient to cover the total cost to municipalities and counties to implement such activity, service, or facility and must provide a means to MINUTES CiW Commission, San~rd, Florida to Chapter 121, Florida Statutes mandating higher retirement benefits for special risk members of the Florida Retirement System without having complied with the requirement cf Section 11.076, Florida Statutes; and WHEREAS, the Florida Legislature has passed the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Florida Statutes) without having complied with the requirements of Section 11.076, Florida Statutes; and WHEREAS, the Florida Legislature has passed many other laws in recent years mandating actions on the local government units of Florida without having complied with the requirements of Section 11.076, Florida Statutes. NOW, THEREFORE, CITY OF SANFORD, FLORIDA: SECTION 1: That BE IT RESOLVED BY THE PEOPLE OF THE the City Commission -of the City of Sanford, Florida requests that the Florida Legislature pass a law that provides a source of funding for the amendments to chapter 121, Florida Statutes. SECTION 2: That the City Commission of the City of Sanford, Florida requests the Florida Legislature to pass a law that provides a source of funding for the implementation of Chapter 163, Florida Statutes. SECTION 3: That the City Commission of the City of Sanford, Florida requests the Florida Legislature to pursue an amendment to the Constitution of the State of Florida requiring that any future legislation mandating actions upon units of local government, wherein such actions create a financial burden on such units of local government, provides a source of funding sufficient to cover the costs of suc~h actions. SECTION 4: That the sources of funding referred to in Section 1, 2 and 3 above should be without the requirement for a referendum by the units of.local government. SECTION 5: That copies of this Resolution be sent to the Governor of the State of Florida, the' President of the Florida Senate, the Speaker of the Florida House of Representatives, and to each member of Seminole County's local legislative delegation. PASSED AND ADOPTED this 27th day of March. , A.D. 1989. ATTE ST: March 27__ 19 89 MINUTES City Commission, Sanford, Florida March 27 19 89 The supply backup. Commtssion considered a request from Utilities, Inc. for emergency water Commissione r Thomas moved to approve said request in concept. Seconded by Commissioner Howell and carried. The next item of business was the continuation of a Public Hearing from March 13, 1989, to consider rezoning property between Sanford Avenue and Palmetto Avenue and between 25th Street and 26th Street from MR-2, Multiple Family Residential to RC-1, Restricted Commercial. Jesus Ortiz and Alberto Rodriguez, owners. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. A1 Rodriguez, owner, appeared and spoke in favor of the rezoning. On recommendation of the Planning and Zoning Commission, Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance to rezone said property. Seconded by Commissioner Howell and carried. Recommendations submitted from the Planning and Zoning Commission dated March 17, 1989, as follows: FROM: SLEkTECT: DATE: City Clerk Principal Deputy Administrative Official ~ Planning and Zoning Co2i2~ission Meeting of March 16, 1989 March 17, 1989 RECOYbiENDATIONS J By a vote of 4 to 2, recct~nended abproval of the request to rezone from MR-2 to RC-1, property located at 2588 Sanford Avenue. The Chairman wished the record to state that his vote would have been in the negative if it would not have made a tie. The Staff's recu¥~aendationwas for RMOI zoning instead of the RC-1 requested, based on neighborhood ccmpatibility. Mr. Rcdriquez stated %hat he will locate his office there and has an auto parts store, a dog groclning service and a florist shop as potential clients. The RMOI zoning does not allow these uses. Owner: Jesus Ortiz and Alberto Rodriguez CITY CC~t4ISSION PUBLIC HEARING 3/13/89 - Tabled 3/13/89 The request to rezone from SR-2 to GC-2 and MR-3, property located on Lake Mary Boulevard and Rolling Hills Boulevard had been withdrawn bY the appliCant and is to be resubmitted' at a later date. There was no one in the audience who wished to speak either for or against the rezoning request. Owner/representatives: Lennar Hcmes, Inc. cc ssIo 3,'27,'s- '-, INFORMATIONAL PURPOSES Unanimously approved the site plan for a model center, an outside display use for Cardinal Homes, 3701 Sanford Avenue in a MI-2 zone. Owner: Cardinal Industries; representative: Mike Burkett Unanimously approved the revised site plan for Hernon Manufacturing, a manufac- turing use, located at !21 Tech Drive in a RI-1 zone subject to the relocation of the overhead doors. Owner: Hernon Manufacturing; representative: Keith Severns. Unanimously ~pproved the site plan for Tire City, an auto anf ~ru~= accesso~3 sales and installation use (tire sales and installation) and an auto and truck repair use (minor repair) for property located at 2858 Sanford Avenue in a GC-2 zone with signage to be regulated by the Sign Ordin=nce. Owner: Herman & Elizabeth Hagenstein; representative: Stanley Hill. 4. Unanimously approved the site plan for an addition to the Main Water Treatment Plant, a water treatment facility use located at 3655 Country Club Road in a SR1-AA zone. Owner: City of Sanford; representative: W.A. Simmons. 5. Unanimously apProved the s'ite plan for a Vacuum Pump Station, a public service structure use, located at 211 Oak Avenue in a SC-3 zone. City Commission, Sanford, Florida March '27 .~ 19 89 On a r~uest from the floor, unanimously approved a site plan for 37 T-}{aungars and road relocation ( a government owned use) for the Sanford Airport Authority located at the Sanford Airport in a RI-1 zone. Mr. LaZenby, Airport Manager, and Mr. Simnons were to resolve any engineering concerns prior to permitting. Owner: Sanford Airport Authority; representative: Mack LaZenby. Comm~.ssioner McClanahan moved to appoint J.P. Stevens and Gene Hunt to the Cemetery Advisory Board. Seconded by Commissioner Thomas and carried. Commissioner Thomas moved to authorize the Mayor execute an Interlocal Agreement with Seminole County for year three housing rehab funds under the County's CDBG Program. Seconded by Commissioner Eckstein and carried. On motion of Commissioner Thomas, seconded by Commissioner McClanahan and carried, payment of statements was authorized as follows: (1) From Macasphalt for Municipal Parking Lot Improvements $69,200.00 From Teer Laboratories for Civic Center Asbestos Testing $ 1,845.00 (3) From Speegle Construction for construction of Reclaimed Water Distribution System $305,170.78 (4) From Ivey, Bennett, Harris and Walls, Inc. for Professional Services on Impact Fee Development $ 4,571.90 The next item of business was a request from Amefika Geuka for the City to sponsor a Pre-Development Trust Fund Application for a grant for "Oasis" development. Commissioner Thomas moved to approve the request provided the City has no financial responsibilities. Seconded by Commissioner McClanahan and carried. On motion carried, Resolution figures as follows: of Commissioner Thomas, seconded by No. 1538 was read and adopted. Said RESOLUTION NO. 1538 Commissioner McClanahan and Resolution being in words and A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF SANFORD, FLORIDA OR HIS DESIGNEE TO MAKE APPLICATION FOR GRANT AND LOAN FUNDING ~FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE PREDEVELOPMENT TRUST FUND PROGRAM IN SUPPORT~: OF THE OASIS DEVELOPMENT AND APPROVING THE ACTIVITIES PROPOSED. W/qEREAS, the City Commission of the City of Sanford has concluded that there is a housing shortage for low and moderate income persons; and, WHEREAS, the first phase of the proposed Oasis development (Cele-Bris) will provide housing for low to moderate income persons; and, WHEREAS, the Florida Department of Coramunity Affairs Pre-Development Trust Fund can assist in the development of the proposed project through grant and or loan funds; and, WHEREAS, the City of Sanford qualifies as a sponsor as defined in Section 9B-46.002 of the Pre-Development Trust Fund MINUTES City Commission, Sanford, Florida March 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 9F THE CITY OF SANFORD, FLORIDA AS FOLLOWS: SECTION !: That the proposed Pre-Development Trus~ fund application for and in suppport of the Oasis development be approved for submittal to the Florida Department of Community kffairs. SECTION 2: That City Manager, Mr. Frank A. Faison, of of Sanford, 300 North Park Avenue, Sanford, Florida the City 32771 be authorized and directed to sign the application ~ehalf of the City of Sanford as the authorized ~epresenative. SECTION 3: That the City Manager of the City of ganford or his designee is authorized to submit application and all supplemental information )epartment of Community Affairs for consideration. PASSED AND ADOPTED this 27th day of March , A.D. 1989. the grant/loan to the Florida ATTEST: of Sanford, Florida. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 2017, entitled: AN ORDINANCE OF 'THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING SOUTH OF AND ABUTTING WEST 25TH STREET AND BETWEEN GEORGIA AVENUE AND HARTk~LL AVENUE FROM SR-1A (SINGLE FAMILY DWELLING) DISTRICT TO RC-1 (RESTRICTED COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITYr CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. 19 89 City Commission, Sanford, Florida lV~wch 27 19 8R On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the vote of the Commission as follows, Commissioner Eckstein Commissioner Howell Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 2013, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SANFORD AVENUE AND PALMETTO AVENUE AND BETWEEN 25TH STREET AND 26TH STREET FROM M_R-2, (MULTIPLE FAMILY RESIDENTIAL) DISTRICT TO RC-1 (RESTRICTED COMMERCIAl,) DISTRICT; PROVIDING FOR SEVERABiLITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. The City Attorney reported that he received verbal notice from James Sweeting III that he will file a Notice of Dismissal of the election suit challenge from the December, 1988 election. The next item of business was consideration of a request from Reverend E.L. Wilson, Chairman of the Board of New Bethel AME Church, to hold a Kiddie Carnival at Sanford Plaza March 29, 1989 throughApril 2, 1989, to benefit the church youth projects. Reverend Wilson asked that the Commission grant the request for the Kiddie Carnival and also waive the license fee in amount of $625.00 per week. Commissioner Howell moved to authorize the license for the carnival but to deny the waiver of the license fee. Seconded by Commissioner McClanahan and carried. There being no further business, the meeting was adjourned. Attest: ~ ~/A Y O R