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121800 ws/rm min. MINUTES 4:00 p.m. Work Session December 18,1~000 City Commission, Sanford, Florida The City Commission of the City of Sanford, Hotida met in Work Session on Monday, December 18, 2000, at 4:00 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 Velma H. Willjams Commissioner Brady Lessard Commissioner Randy Jones City Manager Tony VanDerworp City Clerk Janet R. Dougherty Absent: City Attorney William L. Colben The Chairman called the meeting to order. Sanford Airport Authority Year-End Financial Report. Victor White and Bryant Garre~t of the Sanford Airport Authority presented an overview of the Sanford Airport Authority Year-End Financial Report. Mr. Wbjte reported the official audit has been compleW~d, but what the Commission is hearing tonight is the result of a preliminary in-house staff report, and not the final numbers, but they will bring the final audit back to the Commission~ probably in January. Mr. Garrett reviewed the Income Statement, and answered questions regarding the report. Fie reported the revenues in excess of expenses is $602,000, but the actual audit will show about $805,000 because it will include as revenue the interest returned on the restricted funds. [Commissioner Eckstein left the meeting briefly and returned.] Mr. White reported there will be an official grand opening of the airport, especially the International Terminal, after the first of the year, but group tours are available now. City of Sanford Year-End Financial Report. Finance Director Donna Watt reported over 100% of revenues budgeted for the year have been collected, and morn revenues were collected than were spent last year. Commissioner Eckstein requested a breakdown of all funds spent for attorney's fees, with the exception of Foley and Lardher. Ms. Watt reported the Excess of Revenue over Expenditures is $2,219,338. She reviewed the Property Tax Revenue/Fund Balance over the past five years, and reported the millage rate is beginning to decrease, but the revenues are still increasing. The total Fund Balance, or cash on hand at the end of the fiscal year, that is available to be spent, is $5,274,205. One thing that will impact these funds is the gasification plant clean-up expense. Mayor Dale reported $1 million dollars should be set aside forthis anticipated expense, and that will only be for the first phase of the clean-up. Ms. Watt reported another issue that will probably require some additional funding is the landfill closure. Public Works Director Jerry Herman reported the engineers estimate right now for the closure is about $574,000, but the original estimate for the closure and maintenance was $600,000, which was budgeted. Additional funds of about $20,000 to $25,000 a year for thirty years are now needed for long term care and monitoring. That is an additional $750,000 over thirty years, but it can be budgeted annually. The Mayor questioned how the monitoring was underestimated by so much. Mr. Herman reported the regulations for monitoring have changed, and the cost of closure has almost double& City Manager VanDerworp reported staff will create a schedule for maintenance over the next thirty years and it will be presented to the Commission. Mayor Dale reported the gasification clean-up and landfill closure would reduce the Fund Balance to $3,274,205. City Manager VanDerworp reported this amount, plus the $3.5 million already earmarked, will be kept in MINUTES City Commission, Sanford, Florida 4:00 p.m. Work Session December 18, 2094) ETlgt~72 Reserves. Ms. Watt gave an overview of the EMS transport funds since it began in 1997. Mayor Dale requested to continue discussion of the Year-End Financial Report at the next Work Session. The Commission concurre& Legislative Agreement with Bran~ey and Associates. Inc.. Mayor Dale reported he has spoken with Brantley and Associates, Inc. and, because of the timing of the Legislative sessions, he is requesting that the agreement be for a term of two years ending November 15, 2002, at a rate of $25,000 a year. ltistorie Sanford Memorial Stadium Change Order. Chris Smith reported the Stadium renovations are progressing well, but several things which were not considered in the basic design would ensure it will be an attractive and functional facility which will attract and retain events for economic impact. He presented a conceptual drawing addressing the size of the existing dug-out; a training room and appropriate locker facilities; and a bath and shower for the coaches. Also included would be a covering over the dug-outs, a covered walk-way between the dug-out and the locker rooms, and low maintenance roofing over the seating area. The Change Order for these additional renovations is estimated between $110,000 to $112,000. Mayor Dale reported this money should come from the General Fund, and he will work with staff and the engineers to try to keep the cost to a minimum. The Commission concurred. Mayor Dale left the meeting and turned the Chair over to Vice Mayor Eckstein. He further reported he had spoken to Sid Vihlen, who had an emergency, and told him his item on tonight's meeting will be held in abeyance until he can get to the meeting. Policy prohibiting the use of tobacco products by police officers and firetighten. Human Resources Director Joe Denaro presented a draft no smoking policy for Fire and Police applicants/new hires, which would be part of the Personnel Rules and Regulations. One concern is a provision for a violation of the policy. The Commission concurred to have an Ordinance created to adopt a new no smoking policy as part of the Personnel Rules and Regulations, that would probably go into affect after the first of February. Interview of Board Applicant Kenneth Lowe. City Clerk Janet Dougherty reported Kenneth Lowe has turned in a Board Application for both the Central Examining Board and the Historic Preservation Board, which both have vacancies. Ms. Dougherty reported applicants for the Central Examining Board are required to have some bu/lder's certifications and hold licenses, but Mr. Lowe does meet the requirements to be a member of the Historic Preservation Board. Mr. Lowe reported he would be available for the meetings, and he frether reported he lives just outside the Historic District in Red Barber's house. The Commission informed Mr. Lowe an appoimment would be made at tonight' s regular meeting and thanked him for his application. Approval of Developer's Agreement of Me!lonville Avenue as it relates to the proposed Magnolia Park Subdivision. City Manager VanDerworp reported that in the early 80's the City approved some projects in the right-of- way, and this agreement will allow the City to construct a road in that right-of-way, improve the access, relocate some fences, and allow the drainage ponds that service the adjacent site to be designed and retained in the right-of-way. He requested approval of the agreement subject to the other parties verifying and being in substantial conformance. This will be voted on tonight. MINUTES City Commission, Sanford, Florida4:00 p.m. Work Session December 18,1~000 Regular Agenda items. Add-on items. and other items. A. City Manager VanDerworp distributed copies of additional information for the Comprehensive Plan Amendment, Public Hearing #2, regarding Site No. 11, the water treatment plant site. B. City Manager VanDerworp distributed copies of a revised Development Order for the Venetian Bay fezone, Public Hearing #3, and reported stipulation (k) "The development density shall be limited to a maximum of four (4) dwelling units per acre" was added. C. City Manager VanDerworp distributed copies of the grant application for Consent Item #4, and reported that Emergency Operations Communications are handled through the Police Department, and there is a great need for an upgrade to the technology and emergency power. This item is a grant that would provide $50,000 to augment $9,000 from the City, which would come from the renovation funds which have already been budgeted to do the training room at the Police Department. The rest of the cost would be in-kind services by the City for running phone lines and installing computer programs, etc. D. City Manager VanDerworp reported that the Hussein rezone, Public Hearing #5, was originally to be rezoned to SR-1A and Industrial, and the City is now recommending a Planned Development (PD) zoning, which is more stringent. City Manager's briefing. A.Reported there is a consent item on the agenda regarding the Conference Center, and asked if there were any questions from the Commission. There were no questions. B. Reported he received a verbal request from Sara Jacobson to place a momtoriam on the two-hour parking limit for parking spaces downtown, between now and December 24, 2000. This will be discussed at tonight's meeting. There being no fttrther business, the meeting was adjourned. Attest: .~;yClerk ~';~ .7/'~'/4/~L'~' MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 2003) E718672 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, December 18, 2000, 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. Willjams Commissioner Brady Lessard Commissioner Randy Jones Assistant City Attorney Clay Simmons City Manager Anthony VanDerworp City Clerk Janet R. Doug~erty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Citizen participation. Doreen Freeman, 705 Mellonville Avenue, asked if there was a breakdown of the $25,000 contract with Hunter Interests, Inc., or if it will be paid in a lump sam. Mayor Dale reported City Manager VanDerworp would provide that information to Ms. Freeman upon request. Also, she asked if there was a breakdown of the fees paid to Brantley and Associates, Lnc. Mayor Dale reported that there is no breakdown, the $25,000 annual fee is for lobbying. Ms. Freeman asked if a decision will be made tonight on additional funding for the Historic Sanford Memorial Stadium. Mayor Dale reported the Commission will decide tonight to allocate a certain amount from the General Fund Reserves, and will decide later on a specific dollar amount. Ms Freeman asked why these funds were not earmarked when the Stadium funds were first being allocate& This will be the second time more money has been allocated to this project Originally the City borrowed $1.75 million for this project, and the parking is going to be another cost, and she wanted to know how many tax payers' dollars are going to be spent on th/s project. Mayor Dale reported it is not unusual to have Change Orders in the 5% to 10% range on a project like this, and the final cost will not be known until the project is done. Ms. Freeman reported that the Commission will be entertaining approval of three new subdivisions or apartment complexes tonight, added to one that is already occupied and one that is being bnilt behind Wal-Mart, and she asked if Sanford has adequate police and fire protection for all of the added units and families, or is this something that will have to be addressed at a later date. Mayor Dale reported yes, Sanford has adequate coverage for what is planned, but it will have to be continuallj~ addressed as Sanford grows. Ms. Freeman asked if the fire station on 17-92 is still active, and the Mayor answered yes. Commissioner Jones reported the 17-92 fire station will be tom down, but a new one will be built in the same area to replace it. Willie Rumph reported he was handcuffed the other night during an alcohol sting, and he is having a problem with the same officers he had a problem with previously. Mayor Dale reported this is an ongoing pohce case, and it would be self-incriminating for him to talk about it tonight in front of the Commission. The proper procedure is for Mr. Rumph to file a complaint against the Sanford Police Department, it will be investigated, and then the Commission will hear it. If he cannot file a complaint at the police department then he can file one with City Manager VanDenvorp. Jay Jurie inquired about the status of CR 425 (Sanford Avenue), which has had a lane closure on the east side from approximately 25'h Street to Airport Boulevard. Mayor Dale reported that is a County project and the only participation by the City is with utility mlocatinn. City Manager VanDerworp reported the project is to improve traffic MINUTES 7:00 p.m. Regular Meeting December 1815000 City Commission, Sanford, Florida flow and add tum lanes to add capacity. Mr. Jude asked if the City was aware how long the project will take. The Mayor reported Mr. Jude could see the City Manager and look at a copy of the plans and any other information the City has on the project, or could review the plans at the County engineering department. Public hearing to consider second reading and adoption of Ordinance No, 3555 to annex 30,57 acres of property lying between the Seaboard Coastline Railroad and Iowa Avenue and between N, Kennel Road and Creek Road and approve Development Order # 00-0015. Pemberton, Inc. and Sid Vihlen, Jr., owners. Ad published December 6 & 13, 2000. Mayor Dale reported he is going to delay this Public Hearing because the applicant had an emergency, and will not be able to join the meeting until later tonight. Mayor Dale asked if there was anyone from the public to speak for or against this issue, and no one appeared. The item was delayed until later in the meeting. Public hearing to consider second reading and adoption of Ordinance No, 3572, re: Second Comprehensive Plan Amendment of 2000, as revised, incorporating the City's response to the Department of Community. Affairs' Objections, Recommendations, and Comments, Ad published December 10, 2000. Ordinance No. 3572 was read by title. Jay Marder, Director of Engineering and Planning, presented a summary reporting the 2~ Comprehensive Plan Amendment includes: all of the ERA based amendments and policies; the establishment of the waterfront/downtown business district; the urban infill development project has been defined so there can be certain urban type projects in the City with certain development standards to ensure compatibility; the transportation concurrency area (as recommended by the State Department of Community Affairs); the expanded airport and commerce area map amendment; and other map amendments including the Lake Monroe Subdivision, Venetian Bay, the proposed Industrial designation of the Silver Lakes area, an area being rezoned from Industrial to Single Family Residential, and an area that was to be designated for a Sewage Treatment Plant but is instead being changed to Airport Industry and Commerce. Mr. Marder reported this Comprehensive Plan is in compliance with the Department of Community Affairs, and the City has received very positive comments from the Regional Planning Council. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3572. Betty Giles, 450 Riverview Avenue, reported she acquired a copy of what the City received from the State regarding Site #4, and she asked if the City has complied with the conservation, on the County' s Future Land Use Map, as resource protection of the wetlands in this particular area. Mr. Marder reported yes, the City has changed a small portion of the northerly area of that project to make it into a conservation area. Ms. Giles also reported the State designates that this be looked upon as a flood plain area, and the City needs to update its maps on the flood plain. She reported she talked to Mrs. Willingham this morning and was informed nothing has come to the State from the City of Sanford in regards to complying with this yet. Mr. Marder reported the City has a time period in which to comply. Ms. Giles reported she understands that, but her community is concerned about the flooding, and what the State's recommendations are to revise everything. They are concerned about all of the houses that are being proposed to be built on this property, and the property being built up, and all of the water running down on the existing residents. Art Woodruff, 214 South Sammerlin Avenue, reported at the last meeting the applicant compared his 9.5 acre Comprehensive Plan Amendment for Site #5 to the building of the Greeneway. In using this analogy the applicant MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 20tl9 E71~72 agrees that there are going to be some problems for the residents in the area. The applicant made the point that some had to suffer when the Greeneway was built, because many more benefitted, The applicant has chosen to profit by giving the City a change of plan rather than buying land that the City has set aside for the purpose and use he wants. Only the applicant will benefit from this, not the residents or the City. This is speculative development, not any specific company which can designate what kind of job oppommities will be provided and how the City will benefit. It appears the speculative development may provide some telemarketing positions, while at the same time it will provide parking for the applicant's facility across the street. Mr. Woodruff further stated that the Comprehensive Plan does not designate this area for Industrial development, and when he asked Mr. Marder to show h/m where in the Comprehensive Plan it does designate it as Industrial, Mr. Marder read to him the amendment to the Comprehensive Plan. Mr. Woodruff reported he commented it seems like the amendment is being used to justify the amendment, and he was told the City does not have to justify anything it does, it just has to follow the policy. In the already adopted Comprehensive Plan, in the Inventory of Lands, vacant land specified in the southeast and the airport dividers, including the Silver Lake Drive area, it states industrial infill is anticipated southeast (not north but south) of Silver Lake Drive, which is nowLake Mary Boulevard, The majority of the undeveloped land included in the McDonald property south of Lake Mmy Boulevard is undergoing review for industrial use, but that land is still mainly vacant. The land on the other side of Lake Mary Boulevard is to be used for residential, but the applicant is asking the City to change the designation to Industrial. This is a serious and precedent setting departure from the Comprehensive Plan. The purpose of the Comprehensive Plan is to let people know what can go where, and what the City wants. Mr. Woodruff reported Mr. Marder explained to him that the Comprehensive Plan does not call out specific plan uses for every site, and by taking that attitude, Mr. Woodruff feels the City is telling developers and speculators to ignore the Comprehensive Plan, because they can do whatever they want., and every neighborhood in the City is therefore at risk. Mr. Woodruff explained that the residents of that area are multi-generational, and have been taxpayers for many years. The City is putting more value on the development tax dollars than on the generations who have been paying taxes all these years. If the City is going to try to generate more tax dollars and disregard the tax dollars they are already getting, it has put a for sate sign on Sanford. Decisions should not be made on who has the most money, or who has been here the longest. The City needs to set its standards higher, standards that will provide for industrial development and residents, and standards based on a Plan that everyone is expected to follow. Mr. Woodruff reported that at the last meeting the applicant said, "we have offered no compromise except expensive office buildings." While the residents did suggest that offices would be preferable to industrial, and the goal really was to keep the entire area residential, he suggested to the applicant at least twice to consider a plan that would have the industrial development only along Lake Mary Boulevard and not along Mellonville Avenue, and to provide residential buffers comparable to the residential development already there. The applicant's response was that by doing that he could not make enough money, and he had the fight for more development. According to the Comprehensive Plan, the applicant does not really have that right. He can put the six houses per acre of land that he is threatening to put there, but the Comprehensive Plan says that six is the maximum, not the actual number allowed, and that the actual number will be determined by the established residential development. City staff has said that putting six houses per acre next to one MINUTES 3 City Commission, Sanford, Florida7:00p.m. Regular Meeting December 1812000 house per acre is a consistent land use, but he suspects that most reasonable people would disagree. Further, putting industrial development adjacent to residential with no transition is certainly unreasonable. The staff report says there is 300 feet of transition between the industrial property and the existing residential development. There are five residential parcels that have four houses within 300 feet of the site. There is no transition provided north along Mellonville Avenue. or east along Lake Mary Boulevard. Mr. Woodruff reported, in the Comprehensive Plan Amendment that will be voted on toni~dat the water recharge area is addressed, and it says that this land provides vital areas of repeating rainfall, which recharges. The City Planners did not know what that meant for development. Therefore, the City is adopting a Plan that says we can protect the effective recharge areas, but it does not know how to do it, so it is making a change to the land use which may put it at risk. Mr. Woodruff questioned why the Ordinance voted on at the first Public Hearing for rezoning of this property was for RI, but then it was changed to MI, and now it is for PD. He asked which designation is actually going to be voted on tonight. City Manager VanDerworp reported it will be voted on as PD, which is more restrictive, and it was recommended so the City could put development order conditions on this project [Commissioner Jones left the meeting briefly and returned. ] Mayor Dale asked if staff recommended PD on the entire parcel, and Mr. Marder reported it would only affect the 300 foot industrial parcel. Mayor Dale reported ex parte communications with some of the residents. Commissioner Jones, and Commission Lessard also reported ex parte communications with some of the residents. Mayor Dale reported that at the first Public Hearing for this property it was determined that the development would only have two lots on the lake. Since then he has seen some proposed development plans with as many as seven lots on the lake. Meredith Harper, with the law firm of Shutts and Bowen and a representative for the applicant, Abdul Hussein Family Limited Parmership, reported the applicant had worked on an alternative site plan that has seven lake front lots, which are larger size lots, because the public stated at the last Public Heating that they preferred to have larger lots and did not feel there should be a restriction of two lake front lots. The applicant still prefers to move ahead with the original plan of two lake front lots. The single family component is included in the site plan because the applicant owns the property and agreed to certain restrictions in the Development Order on the single family component of it. Those restrictions included two lake front lots, and no lake front access for any of the remaining lots. Mayor Dale reported the plan he is looking at shows somewhat less than three units per acre. Ms. Harper reported even though the zoning allows for a more dense development, the applicant has opted for the plan with a less intense development. The plan the Commission has tonight is conceptual, and the applicant will be bringing hack a site plan for City stuff review. Jeff Oinas, 467 Palm Drive, reported regarding the Venetian Bay development, the City has said it has complied with the State requirements to provide adequate data and analysis, and he asked if there is a report the citizens can look at Mayor Dale reported the specifics of the flood plain and drainage will not be considered until the time the site plan is considered, the City is just saying it will meet the elements of the Comprehensive Plan, as well as the State regulations and local regulations when those issues are addressed. Mr. Oinas reported where he lives there is a deep concern about the water. Mayor Dale reported the applicant will have to go through the St Johns River Water MINUTES /,' City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, Management District, and the City' s Engineering Department, before development. Mr. Oinas reported that Mr. Murder mentioned a special mechanism that would circumvent the concurrency issue, and asked what that mechanism is. Mr. Murder reported it is not really a method to circumvent it, but an alternate method to consider concurrency in areas that are considered to be redevelopment areas. Mr. Oinas also expressed concern over the weftands and the wildlife population in this area. Richard Fowler, 3400 Whither Way, reported on Site #5, the fact that the Commission approved an Industrial use at the first Public Hearing, and it is now being asked to consider Planned Development, puts everything back to square one. He hopes the Commission will re-examine its views on this action, especially in light of the very telling comments by Mr. Woodruff.. He reviewed the objections that were raised on this proposal a few months ago, specifically the fear that this industrial development will encourage additional industrial development in the residential area. If the applicant would come back with a plan for apartments on the site, the residents would deal with that plan at that time. The residents feel the MR-10 zoning is illegitimate and was done administratively without a public hearing or without notice, and they hope to fight any apamnent propesal on that basis and win politically, and if not possibly they could gain the support of the Court. Beverly Booth, 3358 Whitner Way, reported there is a parldng lot that is to be located on Mellonville Avenue that was not including in the first Public Hearing. The residents will see nothing but different types of trucks at various and sandry times. The residents think that the intrusion of industrial neighborhoods and buildings into pastoral homesteads is an outrage. Elise Cornell agreed with the other residents around Silver Lake, and asked that the Commission limit the industrial development in that area, George Wilson, 3280 Ohio Avenue (on Silver Lake), reported this country was based on the premise of freedom, as long as it did not infringe on the rights of others. No matter how much money a person has, or how much they can profit from a transaction, that ftmdamental right would hold true. The residents of Silver Lake would have their right to a quiet existence violated if this development happened. This development would increase the number of houses on the lake by 50%. This would not only take away the quality of life to existing residents, but would threaten the very existence of the lake itself. He asked if anyone could tell him why this would be a prudent move. Commissioner Jones reported them will not be seven houses on the lake, there will only be two. The plan with seven houses on the lake was just a possible compromise for bigger lots. Linda Barker, representing herself and Silas, reported she acquired a copy of the August 28, 2000 Public Hearing and she would like to clarify that the opponents of the proposal do include some City residents, whereas the minutes say that none of the opponents are City residents. Also, she believes Mr. Hussein misunderstood when the residents said they would like larger lots, they did not mean they wanted more lots on the lake front. Commissioner Jones reported it was determined in August that there would be no more than two lots on the lake front. Ms. Barker asked how little those two lots were. Mike Harding of Harding Lawson, an engineering finn, reported there have been multiple site plans to try to appease the residents. The two lake front lots are approximately an acre each, a concept of what could be done with no more than two lake front lots, which they agreed to. MINUTES City Commission, Sanford, Florida7:00 p.m. Regular MeetingDecember 1815000 Ms. Barker asked if the fifty foot setback included the twenty foot buffer, or if the buffer was in addition to the fifty foot setback City Manager VanDerworp reported the buffer would be within the sethack area. Commissioner Jones reported that would include at least a six foot wall, according to the Land Development Regulations. By asking for Planned Development zoning, which is more restrictive, the wall could be eight feet or more, and the buffer or sethack could be required to be greater. Ms. Barker wondered what the downside of a Planned Development zoning would be. Jay Jurie asked what the City's vision is regarding the Water Front/Downtown Business District plan amendment. Jay Marder reported the vision for the Water Front/Downtown Business District is to provide for economic development and re, development opportunities in the commtmity redevelopment area. Right now there are limitations on how some parcels are developed, the land use intensities are relatively low, and the City wants to make sure there can be high intensity mixed use projects, even if they are rather small, which will have a positive impact. Mr. Jurie asked what Mr. Martier meant by positive impact. Mr. Marder reported, for example, mixed use development projects that have more percentage of buildings on a parcel. This would allow the City to have more of the same kind of development that is in the downtown area presently. Mr. Jurie asked what was the nature of the industrial proposal for Silver Lake. The zoning would allow various industrial uses that would be allowed in industrial zoning. Mr. Jurie reported his understanding is that DCA has approved similar zoning downtown, and he nnderstands about the density, but he is concerned about the compatibility. Mayor Dale reported this is a downtown commercial district, and an urban city, and asked which part Mr. Jurie felt was incompatible. Mr. Jurie reported the reclassi~cation will basically allow any type of industrial or commercial development. He understands that any commercial activity is proper and appropriate in a downtown district, and he understands that certain types of industrial activity are allowable in a downtown district, but what type of industry does the City envision in the downtown area. Mr. Marder reported the City has various mixed land use areas, including the downtown business district. The zoning is another issue, and it still has to be considered. The City Commission has the opportunity, when considering a particular parcel, to decide whether that particular property is consistent or compatible in any way, shape or form. The mixed use areas in the Comprehensive Plan are policies that include various standards for redevelopmerit and transportatior~ Mayor Dale reported the City wants to encourage those things downtown that are commemial for downtown central commercial districts; encourage luxury flats above some of the stores; encourage luxury cnndominiums in those areas where they are compatible; encourage private, gated, higher density areas that can take advantage of the lake views; as well as smaller shops and establishments and entertainment establishments; the things you would expect to find in an urban, downtown, river. front setting in successful cities of the 90's, and what they call "smart growth". Mr. Jurie reported gated communities are typically more of a suburban use, and the City needs to think about affordability when they talk about luxury condomininms. Mayor Dale reported Sanford is going to prosper, and the City is looking for upscale, but across the scale, and the Comprehensive Plan addresses all of that This Commission does not have the vision of just affordability downtown. Mr. Jurie reported he does not think it would be appropriate to force out Sanford' s mixed population. The Mayor agreed. City Manager VanDerworp again invited Mr. Jarie to come and talk to him and look at all of the components of this vision. MINUTES 3 City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 20p~J) Mr. Jurie reported the transportation concurrency area of the Comprehensive Plan is problematic and can best be viewed as a mechanism for side stepping the traffic impact on downtown and adjacent areas. Also, on the issue of Fort Mellon Park, there was discussion at the first Public Hearing about preserving the eastern most 700 feet of the Park and ensuring, when this Ordinance is passed, that it would be reflected as such, and he cam~ot find the language in the Comprehensive Plan that addresses that issue. Mr. Marder reported the eastern portion of Fort Mellon Park is to remain exactly as it is, and it is designated on the map. Doreen Freeman, 705 Mellonville Avenue, asked that now that the Commission has desit~ated the park plan, can there be a zoning that designates a park plan? Commissioner Jones reported the zoning is called public/semi- public. Ms. Freeman reported there is no zoning for parks. Mayor Dale reported this City does not have zoning for parks, and neither dees'any other city that he is aware of, but there is a designation for public/semi-public. Mr. Marder reported the public/semi-public designation provides for recreational and other institutional uses. Ms. Freeman reported there are no guarantees that the land will be used for what it was originally designated. Mayor Dale reported no matter what this Commission does, another Commission could come along and change it, so there are no guarantees. Commissioner Lessard moved to adopt Ordinance No. 3572, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3528 OF SAID CITY, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN, SAID AMENDMENT BEING THE SECOND ANNUAL AMENDMENT; AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT; TRANSPORTATION ELEMENT; HOUSING ELEMENT, INFRASTRUCTURE ELEMENT; CONSERVATION ELEMENT; RECREATION AND OPEN SPACE "" ELEMENT; INTERGOVERNMENTAL COORDINATION ELEMENT; CAPITAL IMPROVEMENTS ELEMENT AND CONCURRENCY MANAGEMENT ELEMENT; ADDING PROPERTY ANNEXED INTO THE CITY TO THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Willtams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Willtams Aye Commissioner Lessard Aye Commissioner Jones Aye Continnation of public hearing to consider second reading and adoption of Ordinance No. it555 to annex 30.57 acres of property lying between the Seaboard Coastline Railroad and Iowa Avenue and between N. Kennel Road and Creek Road and approve Development Order # 00-0015. Pemberton, Inc. and Sid Vihien, Jr., owners. Ad published December 6 & 13, 2000. Commissioner Lessard, Commissioner Jones, Commissioner Willtams and Mayor Dale each disclosed ex parte communication with Mr. Vihien on this project. Ordinance No. 3555 was read by title. Sid Vihlen reported this is the Rand Yard industrial area that is ,,.. currently within the County, and he has an established Development Order within the County. He has worked extensively with the City staff and area citizens regarding concern about the proposed use of the area east of Rand Yard Road. At the last meeting when the issue was discussed, it was disclosed that the Catholic Church had put under contract that area across the street from Wayne Densch, for a major Catholic School, which everyone including himself supports. There was concern about the traffic on Rand Yard Road, even though his proposal was for temporary use until he got western access from CR 15. As a result of a community meeting and working with City staff, it was agreed that temporary access along MINUTES City Commission, Sanford, Florida7:00p.m. Regular Meeting December 181~000 Church Street would be the most compatible. As a result, the Development Order that the Commission received in its agenda packet specifies no access from Rand Yard Road. In addition, there was some concern over the currently approved asphalt plant and aggregate storage facility, which was approved by Seminole County in the Development Order with Mr. Vihlen. He has dropped that asphalt plant and storage facility from the plan, and the Development Order with the City specifies this land will not be used for an asphalt plant or aggregate yard, but this land will be subject to the City' s approval and will be compatible with MI-2 zoning in the future. The Development Order speaks for itself and is clear, and he has submitted a Site Plan that shows all of the future land use. He has satisfied the concerns of the neighborhood, and he believes he has the complete support of City staff and administration. Commissioner Eckstein asked what happens to a County road when the City annexes property on both sides of it. Mayor Dale reported it is not incumbent on the City to do the improvements on the road at taxpayers' expense, the City' s Land Development Regulations require the developers to pave to the nearest paved road as they develop the property. City Manager VanDerworp reported it is incumbent upon the City to make sure those improvements happen through the development process. Commissioner Eckstein asked about the right-of-way in the County on the other side of the road. City Manager VanDerworp reported the developer must acquire the right-of-way in order to develop the site. Mr. Vihlen reported that if it is incumbent on the property owners and those who are developing them to substantially improve Church Street and White Cedar for access, they have the responsibility to meet the City of Sanford's standards. Also, this property will be the western border of the City if armexed, but there is property to the west that will want to annex into the City. He stands ready to work with the other private industries, the City, and Seminole County, to bring the roads up to standards, including the City's participation with the utilities, which will be a private enterprise. Commissioner Wiltjams reported Wayne Densch and the property owners where the Catholic School is to be built both had some concerns, and she wanted to know if those concerns had been addressed. Mr. Vihlen reported the concerns were not land use, it was the access utilizing Rand Yard Road, and by his committing to not use that ingress/ egress but instead going to the west and accessing CR 15, those concerns have been answered and no longer exist. Mayor Dale reported the Commission wouid hear from those persons present to speak for, or in opposition to, Ordinance No. 3555. No one appeared. Commissioner Lessard moved to approve Ordinance No. 3555, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITH1N THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, 30.57 ACRES OF PROPERTY LYING BETWEEN THE SEABOARD COASTLINE RAILROAD AND IOWA AVENUE AND BETWEEN N. KENNEL ROAD AND CREEK ROAD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. and Development Order #00-0015. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Mayor Dale reported he had appealed the original Site Plan for Florida Recycling Services, and this addresses the concerns of that appeal, so he submitted a letter to the City Clerk' s office, addressed to the Commission, to withdraw that appeal. He asked if the Commission had any objections to the withdrawal and there were none. MINUTES & ? City Commission, Sanford, Florida 7:00 p.m. Regular MeetingDecember 18, 20p90 Public hearing to consider second reading and adoption of Ordinance No. 3573 to rezone 23.7* acres of property lying between Seminole Boulevard and Narcissus Avenue and between Riverview Avenue and Rachelle Avenue (2385 W. Seminole Boulevard) from AL Agriculture to PD. Planned Development with single family residential uses. in conjunction with the annexation of the property based on consistency with the approval of the Comprehensive Plan Amendment. with stipulations and conditions. and approve Development Order PA)lM}022. Michael Murray, applicant for Venetian Bay. Ad published December 6, 2000. Ordinance No. 3573 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3573. [Commissioner Lessard left the meeting briefly and retumed.] City Manager VanDerworp reminded the Commission that the revised Development Order limits the density to four dwelling units per acre. Michael Murray, 1399 West SR 434, Longwood, reported this particular project is in between properties that have a higher twenty unit or more density. They have worked with residents in the area and City staff, and have agreed to keep the density at four units per acre. Also, they have agreed to sixty foot lots on the west side of the property, and they have dropped the density on the internal properties to about three units plus per acre. They have engineered to make sure they are not in violation of any of the elements that were of concern, such as drainage, flooding, or endangered species displacement. The lots abutting the property on the east side will be 60 foot lots as well. There will be a six foot high wall on the west side between this development and the residential property that exists, and it will be built as soon as construction starts. This will be a higher end gated community. Betty Giles, 450 Riverview Avenue, reported Mr. Murray has not met with the residents as he says he has, only three people got letters from him and they were invited to meet with him at his office on a Monday rooming at 9:00 a.m. She also reported that Mr. Murray is putting too many houses on property that the State says is not suitable to hold all of the houses. Also, the lots should be the same size as hers and the other residents' lots to look decent enough to be in their neighborhood. Her lot on Rivetview is 100' by 105', and the lots on Palm Drive are 85' by 125'. If he puts that many houses along Palm Drive, around the westerly shore, and down Riverview Avenue and Narcissus Avenue, it is going to look like suburban estates with cracker boxes stock on a high hill. When he builds that land up to put all those houses on it, the water will run right down on them because there is no way to drain it. Further, DCA has asked the City to send them maps of what they plan for this property, which the City has not done yet. How can the Commission vote on this without DCA approval? Commissioner Jones asked if Ms. Giles' neighborhood has on site drainage. Ms. Giles reported the developer drained Riverview Avenue with a dirt road. Commissioner Jones asked if there was on site retention for the storm water rimoff. Ms. Giles said there is no on site retention, the storm water goes directly into the river. Commissioner Jones reported that at the first Public Hearing of this issue the density started out at six units per acre, and Mr. Murray agreed to reduce it to four units per acre. Ms. Giles had requested three units per acre and was told by Commissioner Jones that she was being greedy. The density of four units per acre is equal to the abutting properties. Ms. Giles agreed it was equal, but when the houses are built they will drown the existing ~0ll~rties, and they will not have the existing quality of life they have now. She reported it all comes down to making a profit. MINUTES City Commission, Sanford, Florida7:00 p.m. Regular Meeting December 181~000 Mayor Dale reported that when Ms. Giles' house was built, it was built for profit, as is everything based on profit. To attack a man because he wants to make a profit is not doing her side any good. Her other concerns will certainly be addressed, but Mr. Murray has a right to make a profit. Commissioner Eckstein asked Ms. Giles what increasing the lot size along Palm Drive has to do with the drainage. Ms. Giles reported it has nothing to do with the drainage it just makes her neighborhood look compatible to what Mr. Murray wants to build them. Commissioner Jones asked if the map the Commission was provided in the agenda packet was the most current map showing four units per acre. Mayor Dale reported this is the same map that was provided at the first Public Heating, and shows ninety two lots. Mr. Murray reported if the map shows 92 lots it is not the correct map. Mayor Dale reported four units per acre was agreed to at the first Public Hearing and if the map shows more than four units per acre it should not be in the agenda packet. Mayor Dale asked if the Commission will receive a Master Plan showing the proper number of units. Mr. Murray offered to go to his office and retrieve the correct Master Plan and bring it back to the Commission. Mayor Dale reported this item will be continued until Mr. Murray can bring the Master Plan back. Public hearing to consider second reading and adoption of Ordinance N0. 3574 to fezone 178.3+ acres of property lying between Seminole Boulevard and Narcissus Avenue and between Rand Yard Road extended northerly and N. Kennel Road extended northerly (2900 Narcissus Avenue) from AG, Agriculture and MI-2, Medium Industrial, to PD, Planned Development, subject to conditions, and approve Development Order #00-0023. Strategic Acquisitions Corp., owner; Hurling Locklin & Associates, applicant. Ad published December 6, 2000. Ordinance No. 3574 was read by title. Allen Keen reported he is the contract owner of the property. At the first Public Heating he agreed to limit the density to 250 units, and made a commitment to not intrude on the weftands or disturb the eagle that is on the site. The property' s neighbor to the west is the zoo, on the north it is the lake, and on the east side is a wetlands, and on the south side is a railroad track. He is in agreement with the Development Order as it was previously presented and is available to answer any questions. The Commission studied the Master Plan and confirmed agreement of the various elements of the Plan. Mayor Dale asked if they would need a brick wall buffer and where the future 17-92 right-of-way is going to be, as notated in the attached Development Order. Mr. Murder reported he did not know where the brick wall requirement came from, and he was confused over the word "future" in regard to the 17-92 right-of-way. The right-of-way would be for the Riverwalk. MayOr Dale also asked what was meant by "finished grade". Mr. Marder reported it meant anything above the 100 year flood plairL Commissioner Eckstein moved to table Ordinance No. 3574 to the first meeting in January, and the motion died for lack of a second. [Commissioner Eckstein left the meeting briefly and returned.] Mr. Marder reported the questionable conditions could be removed from the Development Order, and anything additional could be included in the preliminary Subdivision Plan. Mayor Dale reported this Development Order is in direct opposition to the Master Plan. City Manager VanDerworp recommended the Commission place Development Order conditions on the Development Plan, and amend the exhibit to reflect the appropriate conditions, including: the maximum of 250 dwelling units as proposed; the traffic study, the 115' foot minimum depth for all lots; the open space including 30% of land area; an appropriate entrance feature; a city services easement along the northern 17-92 right-of-way dedicated after the appropriate ingress/egress for MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 20t~) turn lanes along 1%92; and a fifteen foot service easement on the south side of 1%92 for utility purposes. Mr. Murray agreed with Mr. VanDerworp' s recommendation. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3574. No one appeared. Commissioner Jones moved to approve Ordinance No. 3574, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SA1D AMENDMENT TO CHANGE THE ZONING OF 178.3± ACRES OF PROPERTY LYING BETWEEN SEMINOLE BOULEVARD AND NARCISSUS AVENUE AND BETWEEN RAND YARD ROAD EXTENDED NORllqERLY AND N. KENNEL ROAD EXTENDED NORTHERLY FROM AG, AGRICULTLrRAL, AND MI-2, MEDIUM INDUSTRIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. and Development Order #00-0023 as amended. Seconded by CommissionerLessard and carried byvote ofthe Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public Hearing to consider second reading and adoption of Ordinance No. 3575 to rezone 9.53 acres of property lying between Cornwall Road extended easterly and East Lake Mary. Boulevard and between Ohio Avenue and Mellonville Avenue, from SR-1A. Single Family Residential. to PD. Planned Development. subject to conditions, and approve Development Order #00-0024. Abdul Hussein Family Limited Partnership, owner; Lonnie N. Oroot, Esquire, applicant. Ad published December 6, 2000. Ordinance No. 3575 was read by title. Meredith Harper, a representative from the law firm of Shutts and Bowen representing the applicant, Abdul Hussein Family Limited Partnership, reported the Development Order stipulates two lake front lots, and that is what the developer has agreed to. The developer feels this development is compatible with the surrounding area, and the developer has added five more restricted uses to the sixteen they agreed to not develop on the site. The five additional restricted uses include a boarding house; elementary, middle and high school or private university school; a water and sewer treatment facility; a public transportation terminal; and a church. The land will not be used for : these purposes. Ms. Harper also corrected one of the conditions in the existing Development Order to read "a funeral home and crematoriam" instead of "a funeral home and cemetery". Ms. Hatper displayed some illustrations depicting different elevations of what the developer is proposing for the site. The proposed use is a low-lying industrial use that appears similar to an office and commemial front, with some warehouse and storage in the rear of the site. The building will be no more than 35' high. The proposed use will generate less traffic, by 605 average daily trips, than the present existing use. Commissioner Jones asked if it was possible to eliminate the ingress/egress on Mellonville Avenue. Ms. Harper reported that was placed on the map as part of the site plan and rezoning issues. Mike Harding, Harding and Lawson Engineering, reported they will conform to Seminole County standards, and Seminole County allows an ingress/egress along Mellonville Avenue on its right-of-way map. Commissioner Jones reported that the parking lot appears to be right next to the access road into the residential development, and he does not want the industry to use the same road as the r~sidents. He would like to eliminate as much traffic on Mellonville Avenue as possible. Mr. Harding concurred with that viewpoint, and reported the intent was not to MINUTES City Commission, Sanford, Florida7:00 p.m. Regular MeetingD~cember 18t5.000 access the industrial piece from the northern road into the single family residential area. The final Site Plan will be in compliance with County regulations. Commissioner Lessard reported East Lake Mary Boulevard is an industrial frontage area, and he would like to see some of the parking in front of the building so that it fronts on East Lake Mary Boulevard. Mr. Harding reported he could agree with limiting vertical construction for the first 300' south of the north line. He further reported the developer has done everything he can to try to compromise with the residents, but to no avail, so they proceeded with the original plan. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3575. Art Woodraft, 214 South Summerlin Avenue, presented a drawing to the Commission that he feels would have been a good compromise for the developer. What Mr. Harding did not share with the Commission was that the parking lot he is proposing is also to be used for overflow parking for the building on the other side of Mellonville Avenue. The residents agree that parking is better than an office building, but a tree compromise must include a serious transition of use or a serious natural buffer between the residential properly (that has been residential for several years) and industry. Mr. Woodmff further reported that the five additional restrictive uses are not viable uses for this site anyway. Also, if it is to be mzoned as PD, it needs to have some additional requirements beyond what there would be if it were MI-1. Additionally, there needs to he a buffer from the lake, and across the lake. If the intent of the Commission is to protect residential areas, how can it approve zoning all of this property without insisting on some buffers for transition of residential or natural vegetation? Mr. Harding reported they would add an additional 25' buffer on the south side of the fight-of-way. Mr. Woodruffreported that would not be acceptable either. Mayor Dale reported he did not understand what was so appalling about a well landscaped parking lot after a wall, a landscape area, a fifty foot fight-of-way and another twenty-five foot fight-of-way, and the prohibition of 300' before vertical construction. Mr. Woodruff reported he finds it appalling that the development is being considered at all because it is changing the rules that have been there for a while. Mayor Dale reported Mr. Woodrnffdoes not like the rules that are there now. Mr. Woodruff reported he does not like the rules they are trying to put in. Mayor Dale said, Mr. Woodruff does not like the Medium Residential that is there now, and if someone wanted to develop an apartment complex on that property they would not give up 300', and the City could not make them. Mr. Woodruff reported it is his understanding that the future land use is not a guarantee. Mayor Dale reported nothing in this world is a guarantee, but when Mr. Woodrnff goes across the street to the Judge, the Judge is going to took at that as something these people have a vested right to. Mayor Dale reported he does not know how the judge would rule, but as a representative of the tax payers, he would not challenge that. The developer has made a lot of concessions. Mr. Woodraft reported he would have to disagree with the Mayor on that point. Mayor Dale reported he has listened to this debate for two years, and there have been a lot of concessions. Mr. Woodruff asked the Mayor if he didn' t purchase property out in the country because he did not want anything next to his residential property. Mayor Dale reported yes, that is the reason, but he purchased 60 acres. Mr. Woodruff reported unfortunately he and the other residents are not able to do that, and so they have to depend on the law and their representatives to protect them from the people who can buy that much. Mayor Dale reported no, that is not what the personal representatives are there for, to protect them from people who can buy that much, that is exactly not what MINUTES /t City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, their job is. Some of the fotmding fathers might argue that the government shouldn't even be involved in land regulations, that the government should not tell a man, or a woman, what he or she may do on that property. That freedom argument can be argued both ways. But he does not believe it is the government's job to protect someone from properties they cannot afford to buy. Mr. Woodruffasked then what is the point of land use and zoning. Mayor Dale reported land use is to come to a compromise of transitional and changing areas and they are not cast in concrete, they have to move with the times. The City would be in jeopardy of losing FAA funding if it continued to encourage residential use in the sensitive areas of the Airport 150 study. It is a changing world, and the City has to look at the changes and it cannot let somebody purchase property next to 100 acres, and then say they bought them because it was 100 acres, and they don't want anything on it. That is not the City's job. Its job is to look at the changes and try to make the best compromise, and transition those things for the changes that are occurring. Th/s is going to be a four lane road that is going to connect with 415, and the high density development that is occurring in southwest Volusia County that is going to use it to get onto 417. Beverly Booth reported Mr. Hussein should develop this property like Truman Annex. It can be a beautiful spot, but you don' t put a parking lot in the middle of a residential area, right next to homes. Put a fountain or a retention pond on Mellonville Avenue, or even entrances, but put the parking lot on Lake Mary Boulevard. Linda Barker reported Howard Jeffties of the City' s Parks and Recreation Department went to her property, as a concerned arborist, and recommended a four by four wooden fence to protect the trees. Also, she would hope there would be some irrigation on the Har-Carproperty. Ms. Barker questioned the size ofthe interior lots being athird ofan "' acre if the two lots on the lake were an acre each. She also asked about the Mayor' s statement about losing funding if the City encouraged residential on the airport. Mayor Dale reported the City's FAA funding for the noise abatement situation would be in jeopardy, and it would have people wanting to sue the City, and the FAA would say the City had the opportunity not to put residential there and it did so anyway, so now the City is on its own. Ms. Barker reported it is her understanding that if you are in the A zone area of the airport, you have to sign a "stupid clause"; I am stupid ifI move here and I cannot sue the City. She does not understand why the City would lose FAA ~mding. The Mayor reported because the FAA is a unique bird. Ms. Barker reported she would like to look into that. Mayor Dale reported she could call Jack Reynolds at the FAA in Orlando, and then she can call him back if she finds out something different about it. Ms. Barker reported in the minutes of the last meeting it stated'Mr. Cn'oot read a letter he had received from , Tracy Oreigle, an Economic Development Director, stating Mr. Hessein was recruited in 1997 by the Economic Development Commission of Mid-Florida and the Economic Development staffof Seminole County. Mr. Hussein reported he could develop in Florida because he was encouraged to come here and promised that he would be subject to the City policies. She reported when you are encouraged to come here and buy a residential property, that implies that someone says buy the residential land and we will give you permission to build industrial. She asked if there had been a ,.. lawsuit in respect to that issue. Mayor Dale reported there has been no lawsuit with the Commission~ Ms. Barker concluded by suggesting home sites be put where the proposed parking lot is to be built. Elise Cornell reported she thought unless she had 100 feet going south, with a buffer, that the vacant lot she owns on the border might not be a viable place to live. That would mean they would have to put their parking lot further south, but the additional 300 feet they agreed to tonight sounds good. She asked if that 300 feet would include the parking lot. Mayor Dale reported that 300 feet could very well include a parking lot, What they agreed to was an additional 300 MINUTES City Commission, Sanford, Florida7:00 p.m. Regular Meeting December 1815000 feet before vertical construction. Ms. Cornell asked if they would allow I00 feet of vegetation and then the parking lot, and then they could have a drive going in wherever they wanted it Mayor Dale reported what they have agreed to so far is about 35 feet of landscaped buffer they would put on the other side of the wall, and then a six foot wall, and then a 50 foot road fi~t-of-way on the other side of the wall which would have the 24 foot wide residential street to the subdivision, a total of about 90 feet that would be nothing but a two lane road, thirty-five feet of landscaping and a six foot wall. Ms. Cornell asked if it would be better after the vegetation and the wall to put the parking lot and then the drive way, which would cut down on the noise. Mayor Dale reported that road would not be an entrance to the industrial area, it would just be a road for an entrance to the subdivision, and maybe to pan of the parking lot. Ms. Cornell thanked the Commission for including a crematory in the restricted uses, but where it states there will be no hazardous indoor manufacturing, she would like to add no hazardous indoor storage. Also, she would like to add no communication tower, which probably is ridiculous that close to an airport. Additionally, on Page 3 of the Development Order, under (4), she would like the clause "unless released in whole or part by action of the City of Sanford by virtue of a document of equal dignity herewith" deleted. Mayor Dale reported the Commission could ask the applicant to comply with Ms. Comell's requests, and he was sure they would not have a problem with excluding a communications tower. Lormie Groot reported they have agreed to prohibiting telecommunications towers, but not the hazardous indoor storage. There is a whole lot of things that a person would not necessarily think of as hazardous materials that could be stored, such as paint. He reported they do not have a problem deleting the language in the Development Order as requested, but it was put in there so that you can't have an implied release of the covenant. Mike Harding reported if the additional 25' buffer they have offered goes on the north side of the road it will eliminate the northern residential lot, and they will have to work with the City's Engineering Department on the geometry of that roadway and that buffering situation. Mayor Dale reported they would not have to buffer between the residential so the thirty-five feet only goes as fur as the industrial. Mr. Harding also reported that they would be allowed a fifty foot building according to their agreement, but they will agree to no more than a thirty-five foot building if that is the Commission's pleasure. Mayor Dale reported Ordinance No. 3575, and Development Order #00-0024, will be amended to include the additional 25' foot buffer as far as feasible along the industrial area to the south. City Manager VanDerworp reported them will be the five additional exclusions in the Development Order which were provided by the applicant, and the 35' maximum building height, the vertical building construction 300' south of the north property line, no industrial use access to the property via the northern most residential road, and the cmmatorium are all amendments to the Development Order. The applicant agreed to all of the amendments. Commissioner Jones moved to approve Ordinance No. 3575, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF 9.53± ACRES OF PROPERTY LYING BETWEEN CORNWALL ROAD EXTENDED EASTERLY AND EAST LAKE MARY BOULEVARD AND BETWEEN OHIO AVENUE AND MELLONVILLE AVENUE, FROM SR-1A, SINGLE FAMILY RESIDENTIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. MINUTES ,f,.f City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 2093~ and Development Order #00-0024, with additional stipulations of limiting vertical construction within 300 feet of the northern boundary along Mellonville Avenue, no access to the northern parldng lot along Mellonville Avenue from the neighborhood driveway; add an additional 25' greenbelt leaving as much natural vegetation as possible along Ms. Cornell's property; no communications tower site on the property; eliminate item number six as it pertains to the right-of-way, change number nine to include funeral home and crematory; and include the five additional restrictive uses. Seconded by Commissioner WiIliams and cardad by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Mayor Dale called a recess and then reconvened the meeting. Continuation of public hearing to consider second reading and adoption of Ordinance No. 3573 to rezone 23.7± acres of property lying between Seminole Boulevard and Narcissus Avenue and between Riverview Avenue and Rachelle Avenue (2385 W. Seminole Boulevard) from AI. Agriculture to PD. Planned Development with single family residential uses. in conjunction with the annexation of the property based on consistency with the approval of the Comprehensive Plan Amendment. with stipulations and conditions and approve Development Order #00-0022. Michael Murray, applicant for Venetian Bay. Ad published December 6, 2000. Michael Murray, the applicant, returned to the meeting with the proper Master Plan with the 92 units which decreases the density and makes 50 foot lots on the west side. City Manager VanDerworp reported two items in the Development Order conditions deal with the treatment of a wall or fence along the west side and the lot width along the western side, which Mr. Murray reported were a minimum of 60 foot lots along the Palm Way side. Mr. Murray reported a fence will be built along the western side to make this a self-contained community, but not in the conservation area, Mayor Dale asked what the date is on this Master Plan, because the Development Order states it shall be consistent with the Venetian Bay Master Plan dated March 16, 2000. Mr. Murray reported he could not find the date but it was his belief this is the latest Master Plan. Mr. Murder reported they could word the Development Order to say the Master Plan that was presented to the City Commission today. Mayor Dale clarified there would be a solid masonry wall around the property, except in the retention pond area, a 15 foot city services easement to be dedicated on the south side of 17-92, drainage easements to be determined at time of subdivision approval, at least 30% of the total land area at finished grade shall be maintained as open space, there will be Miami curb cuts with closed drainage that will go into a retention pond with an ouffall under 17-92 to Lake Monroe, a minimum depth of 115' on all lots, a drainage easement would be required, a right-of-way will be dedicated on Narcissus Avenue, Riverview Avenue, and the unnamed road between Palm Drive and Riverview Avenue to meet minimum of City of Sanford and/or Seminole County Requirements, and there will be no more than four dwelling units per acre. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3573. Betty Giles, 450 Riverview Avenue, asked what streets Mr. Murray will ase lo Carry his materials to build his project Will he be using Riverview Avenue from 17-92, Oak Drive/Riverv/e~v,~tr :Palm Drive directly into the cow pasture? Mayor Dale reported he will be using his own road coming in from 17-92. Igs. Giles asked if there will be a /a MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 1815000 E718672 brick wall around the subdivision and Mayor Dale said there would be a masonry wall. She asked if the drainage will be going into Lake Monroe, where their drainage goes now, isn't there a chance it will come back on them? Mayor Dale reported he doesn't believe the St. Jotms River Water Management District would allow that to happen. She further asked if the lots were to be 60' by 125', and the Mayor said they were to be 60' by 115'. She asked if there was any chance of getting those lots bigger around the western wall, because it was the residents' understanding that once this went to the State and came back, the residents would have a chance to come back and ask for bigger lots along the western wall. Mayor Dale reported she has the opporttmity to address the Commission on it. Commissioner Eckstein moved to adopt Ordinance No. 3573, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AhtlENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SEMINOLE BOULEVARD AND NARCISSUS AVENUE AND BETWEEN RIVERVIEW AVENUE AND RACHELLE AVENUE FROM A-l, COUNTY, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. and Development Order #00-0022 amended as follows: master plan approved by the City Cormmission on December 18, 2000; lots l 8/35, 35/42, 42/47, and 58/66 will have a solid masonry wall; 15' city services easement to be dedicated along the south side of 17-92; 30% of the total land area shall be maintained as open space; drainage easements will be determined at the time of subdivision approval; item (i) "to meet minimum of City of Sanford and/or Seminole County requirements" will be deleted; and not more than 4 dwelling units per acre. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Commissioner Williams suggested before the staff approves the entrance, that they commit to have the citizens come to the conference room and let the citizens have some input in terms of the features for the entrance. Mayor Dale reported he doubts that the citizens would want to give input on the entrance to the new subdivision, because it is not their entrance, but he is sure the City Manager will give the citizens that opportunity. City Manager VanDerworp reported he would notify property owners who wish to give input, but the real reason they started putting the entrance features in the Development Order was to make sure that as these projects come through, developers Imow the City expects a nice entrance feature on all of them. Public hearing to consider second reading and adoption of Ordinance No. 3580 to rezone 51.2 acres of property lying between E. Lake Mary Boulevard and Pine Way and between Andrews Road and Park National Drive (3801 Mellonville Avenue) from MI-2, Medium Industrial to PD, Planned Development based on consistency with the approval of the Comprehensive Plan Amendment, with stipulations and conditions, and approve Development Order #00-0032. Helen Howland Holdings, Inc., owner; Michael Murray, applicant. Ad published December 6, 2000. Ordinance No. 3580 was read by title. City Manager VanDerworp recommended that item (h) in the Development Order be amended to read at least 30% of the total land area at finished grade shall be maintained as open space, striking the word "residential". Mayor Dale reported he would like to add to the Development Order that it must include a satisfacto~/Development Agreement for Magnolia Park. City Manager VanDervvorp reported item (k) will be MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 20p~) added to the Development Order to read "execution of an acceptable Development Order regarding the access and use of Mellonv/lle Avenue north off-site to East Lake Mary Boulevard". Mayor Dale also would like item (c), "A preliminary subdivision plan and subdivision improvement plans shall be submitted and approved by the Plans Review Committee and constructed as approved by the City prior to any util/zation of the site ", struck from the Development Order because it is standard operating practice. Mayor Dale asked why item (e), Submittal of Preliminary Subdivision Plan shall indicate footprint of maximum building area for each lot, was included in the Development Order, because it is standard operating practice for a PD or a straight zoning. Mr. Murder reported it is in the Development Order for emphasis. Mayor Dale reported that item (f) regarding the mitigation of weftands, is also standard operating practice. Mayor Dale reported item (j) in the Development Order should read: "There shall be a 6' high masonry wall along the castefly boundary abutting Silver Lakes Drive, and on the north boundary where it abuts an industrial site rather than the conservation area." The City Clerk' s office distributed copies of the Master Plan. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3580. No one appeared. Mayor Dale reported the Development Order will be amended to delete (a) Approval of Comprehensive Plan Amendment to LDR, Low Density Residential; delete (c) A preliminary subdiv/sion plan and subdivision improvement plans shall be submitted and approved by the Plans Review Committee and constructed as appmved by the City prior to any utilization of the site, and raplace with requirement of a Development Agreement regarding the access and use of Mellonville Avenue north to East Lake Mary Boulevard to be approved prior to any construction starting on the off-site portion of Mellonville Avenue; amend (h) to read "30% of total land area"; and amend (j) to read "6' high masonry wall on the easterly boundary abutting Silver Lake Drive and on the north boundary abutting an industrial site". Commissioner Eckstein moved to approve Ordinance No. 3580, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAiD ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZON1NG OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN E. LAKE MARY BOULEVARD AND PINE WAY AND BETWEEN ANDREWS ROAD AND PARK NATIONAL DRIVE FROM MI-2, MEDIUM INDUSTRIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. and amended Development Order #00-0032. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing to consider second reading and adoption of Ordinance No. 3601 to fezone 9.97 acres of property lying between Americana Boulevard and East Lake Mary Boulevard and between Rolling ltills Drive and Orlando Drive. from MR-2. Multiple Family Dwelling Residential, to GC-L General Commercial. Huntington Properties, owner; Ron Howse, applicant. Ad published December 6, 2000. Ordinance No. 360l was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3601. No~one appeared. Commissioner Lessard moved to adopt Ordinance lxJo. 3601r, ~lttitled: AN ORDINANCE OF THE CITY OF SANFORD, F~ORIDA, AMENDING ORDINANCE NO. 3 117 OF SAID CITY; SAID ORDINANCE BE~Q A ZONING PLAN; SAID MINUTES City Commission, Sanford, Florida7:00p. m. RegularMe~ng December 1815000 AMENDIVlENT CHANGING THE ZONING OF 9.97 ACRES OF PROPERTY LYING BETWEEN AMERICANA BOULEVARD AND EAST LAKE MARY BOULEVARD AND BETWEEN ROLLING HILLS DRIVE AND ORLANDO DRIVE, FROM MR-2, lvIULTI- FAMILY RESIDENTIAL, TO GC-2, GENERAL COMMERCIAL; PROVIDING FOR SEVERABILITY, CONFLICTS *a:2XrD EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: '- Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Wfiliams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing to consider second reading and adoption of Ordinance No. 3602 to annex .76 acres of property lying -- between East 281h Place and 291h Street and between Palmetto Avenue and Magnolia Avenue (320 291h StreetS. Barbara Jackson, owner. Ad published December 6 & 13, 2000. Ordinance No. 3602 was read by title. Mayor Dale reported the Commission would hear from those persons preset to speak for, or in opposition to, Ordinance No. 3602. No one appeared. Commissioner Jones moved to adopt Ordinance No. 3602, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, 0.76 ACRES OF PROPERTY LYING BETWEEN EAST 28TH PLACE AND 29TH STREET AND BETWEEN PALMETTO AVENUE AND MAGNOLIA AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearing to consider second reading and adoption of Ordinance No. 3603 to close. vacate. and abandon the 14' alley lying between W. 3rd Street and W. 4th Street and between Myrtle Avenue and Elm Avenue. James Terwilleger and James Dunn, applicants. Ad published December 6, 2000. Ordinance No. 3603 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3603. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3603, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT CERTAIN 14' WIDE NORTH-SOUTH ALLEY LYING BETWEEN W. 3RD STREET AND W. 4TH STREET AND BETWEEN MYRTLE AVENUE AND ELM AVENUE; AND RESERVING A DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE ALLEY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye ~ Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Boards: appointments/reappointments- A. Central Examining Board. City Clerk Janet Dougherty reported there will be one vacancy beginning January 10~ 2001. There are no applications on file but the City Clerk has a list of names provided by the MINUTES & ff City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 20p~) Central Examining Board for the Commission to consider. Mayor Dale asked the City Clerk to acquire applications from those people on the list and set up interviews with them for the next meeting. B. Historic Preservation Board. City Clerk Janet Dougherty repmted there is one vacancy. Commissioner Lessard moved to appoint Kenneth Lowe to the Historic Preservation Board. Seconded by Commissioner Eckstein and camed by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye ,._ Commissioner Jones Aye First reading of Ordinance No. 3608 to correct a scrivener's error in Ordinance No. 3584 which provided for the posting of junk vehicles on the real property on which the vehlde is located. as well as on the vehicle itself. Ordinance No. 3608 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3608, enti~ed: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& REPEALING ORDINANCE 3584, AND REPLACING IT WITH THIS ORDINANCE NO. 3608; AMENDING SUBSECTION (h), REMOVAL OF JUNK VEHICLES LOCATED ON PRIVATE PROPERTY, OF SECTION 11-30, KEEPING OF JUNK CARS, PARTS AND DEBRIS WITHIN THE CITY LIMITS OF SANFORD FLORIDA; EXCEPTION; OF THE CITY CODE OF THE CITY OF SANFORD, TO INCLUDE AN ALTERNATE MEANS OF NOTICING THE REMOVAL OF JUNK VEHICLES; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: .._ Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Approve the preliminary subdivision plan for Lexington Park. subject to final engineering approval and Staff approval of each building as it is constructed. On recommendation of the City Manger, Commissioner Lessard moved to approve the preliminary subdivision plan for Lexington Park, subject to final engineering approval and Staff approval of each building as it is constructed. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Approve the preliminary subdivision plan for the proposed Wal-Mart Supercenter expansion subject to the approval of the Comprehensive Plan Amendment to GC. General Commercial for the Eastern 3.52 acres: the approval of the fezone to GC-2. General Commercial for the eastern 3.52 acres: and Subdivision Improvement Plan annroyaL On recommendation of the City Manager, Commissioner Jones moved to approve the preliminary subdivision plan for the proposed Wal-Mart Supercenter expansion subject to Subdivision Improvement Plan approval. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: /J MINUTES City Commission, Sanford, Florida7:00p. m. Regular Meeting December 1812000 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Consider the Site Plan for Wyndham Place. as stipulated at the November 9, 1998 City Commission Meeting. This is a 260 unit apartment community located at 3865 Orlando Drive and based on the Site Plan meeting the standards for consideration and subject to final Engineering Plan approval. Commissioner Jones moved to deny approval of the Site Plan for Wyndham Place. The motion died for lack of a second. C~mmissi~ner J~nes rep~rted he dr~ve t~ this site yesterday and it is right in s~me~ne~s back yard~ He reported the Commission talked about a thirty-five foot setback, and a couple rows in there is going to be a three story building in someone's back yard. Commissioner Jones reported according to the Planning and Zoning Commission minutes in 1998, Mr. Nortman stated, '~this will be a mix of two and three story buildings, there will be more two story than three story buildings. However, we have all three story buildings, especially the ones that back up to Sunland ....:" Commissioner Jones reported Mr. Norton pulled the old switch-a-roo here, he's got people thirty feet in the air looking down into people' s back yards. He reported in Idyllwilde the same situation occurred and the Commission required that a one story building only be erected. Mr. Marder reported that the building stipulation was not included in the motion the Commission passed. Commissioner Jones reported the City Commission meeting minutes of November 9, 1998 regarding this issue stated, "the original staff recommendation to the Planning & Zoning Commission was to approve up to 260 multiple- family dwellings, because all necessary services and facilities are available .....". He reported this was putting three stories right in people' s back yards. At the same November 9, 1998 meeting Ken Wright, Shutts & Bowen law firm stated, "The property is problematic for commemial development and would be more incompatible with residential uses." Commissioner Jones also mad a statement by Mr. Nortman, the property owner, stating he didn't feel that any more conunercial property development along 17-92 was needed. Commissioner Jones reported someone should have told that to all the businesses that have sprung up along t7-92 in the last year or so. The fact is there are no apartment buildings along 17-92, it is all commercial through Fern Park. Mayor Dale reported the COmmission was not going to revisit something that they already approved, just because Commissioner Jones was not on the Commission to vote on it. It was approved for mixed use in 1998. Mayor Dale asked if these were all three story buildings. Bob Lochrane of Lochrane Engineering reported they are not all three story buildings, but they are mostly three story buildings. Them is at least one, if not two, that is a mixture of two/three stories, with three stories in the center and two stories on the outer ends. He also added, in the process of the Planning and Zoning action he, nor his client, was not involved in the project in 1998. What he and his client surmised from the Planning and Zoning Commission minutes of 1998, and from their meetings with staff and with the Planning and Zoning Commission, was that the plans which the Planning and Zoning Commission voted against in 1998 were radically different from the current plan, and it was brought before the City Commission to overrule. The concern of the Planning and Zoning Commission at that time was that the buildings would be right on top of the adjacent residential development. At a recent Planning and Zoning Commission meeting a couple of weeks ago, the Chairman of the Commission commended Mr. Lochrane for presenting a plan that met MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 20f~ the concerns the Commission had in 1998. He continued to say that Mr. Lochrane's plan does not have buildings adjacent to the property line as they were in 1998, this plan shows the buildings 85' away from the property line. Only three of the eleven buildings that are being proposed on this property have their fronts facing the residential lots. One of those three is a two/three story building which further mitigates that concern. Mr. Lochrane added that he is putting a masonry wall with a stucco finish between the apartment buildings and the single family lots. Also, they are planting canopy trees at 25' on the center around the perimeter between the apartments and the single family lots. The Hanning and Zoning Comraission voted unanimously to approve the site plan that is before the City Commission tonight. This is the same Planning and ,.. Zoning Commission that denied a plan for this site two years ago, so he feels it is a plan that meets the concerns and has been approved by staff and by the Planning and Zoning Commission. Commissioner Jones reported he still had concerns that the people in the apartments could look right down into the back yards of the single family residents. Mr. Lochrane reported there were no objections fi'om the public at the Planning and Zoning Commission meeting when this plan was approved, and there are no objections tonight after the Public Hearing was published. Chris Bowers, Senior Vice President of the Wilson Company, reported the square footage of the one bedroom unit is 651 sq. ft.; the two bedroom, two bath unit is 926 sq. ft.; and the three bedroom, two bath unit is 1,089 sq. ft. The rentals will range from $500 for one bedroom, $600 for two bedrooms, and $700 for three bedrooms. The City Manager recommended an additional line of canopy trees as buffering along the property line. [Commissioner Eckstein left the meeting briefly and mmmed.] The applicant reported they would incorporate the additional canopy trees for buffering along the southern and eastern borders. Commissioner Lessard moved to approve the site plan for Wyndham Place with the additional canopy trees. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye First reading of Ordinance No. 3604 re: eliminate term limits for members of the Cemetery Advisory Committee. Ordinance No. 3604 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3604, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 2- 312, ARTICLE XVIII, CEMETERY ADVISORY COMMITTEE OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO ELIMINATE TERM LIMITS FOR BOARD MEMBERS, PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye " Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye First reading of Ordinance No. 3605 re: eliminate term limits for members of the Historic Preservation Board. Commissioner Lessard moved to table Ordinance No, 3605 to thO PAPg meedhg. Seconded by Commissioner Jones and carried by vote of the Commission as follows; ,}"'2 MINUTES 7:00 p.m. Regular Meeting December 1812000 City Commission, Sanford, Florida Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye First reading of Ordinance No. 3606 re: eliminate term limits for members of the Planning and Zoning Commission. Commissioner Lessard moved to table Ordinance No. 3606 to the next meeting. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye First reading of Ordinance No. 3607 re: eliminate term limits for members of the Scenic Improvement Board. Commissioner Lessard moved to table Ordinance No. 3607 to the next meeting. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eekstein Aye Commissioner Witliams Aye Commissioner Lessard Aye Commissioner Jones Aye Approval of Developer's Agreement of Me!ionviile Avenue as it relates to the proposed Magnolia Park Subdivision. a Single Family Residential subdivision located at 3801 South Mellonvi!le Avenue. On recommendation of the City Manager, Commissioner Lessard moved to approve the Developer's Agreement of Mellonville Avenue as it relates to the proposed Magnolia Park Subdivision. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willlama Aye Commissioner Lessard Aye Commissioner Jones Aye Adopt Resolution No. 1861 authorizing the City. Manager to execute all documents associated with the Low Income Home Energy Assistance Program (LDIEAP~ Agreement with the State of Florida Department of Community Affairs for FY 2001-2002. Resolution No. 1861 was read by title. Commissioner Willjams moved to adopt Resolution No. 186 l, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORID& AUTHORIZING THE CITY MANAGER OF THE CITY OF SANFORD, FLORIDA TO EXECUTE THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FISCAL YEAR 2001/02. Seconded by Commissioner Lessard and earned by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willlares Aye Commissioner Lessard Aye Commissioner Jones Aye Approve amendment of Legislative Services Agreement between the City of Sanford and Brantley and Associates. Inc. to provide for an extension of an additional two-year period. to be in effect until November 15. 2002. MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18, 20p6~ Commissioner Eckstein moved to approve the amendment of Legislative Serves Agreement between the City of Sanford and Brantley and Associates, Inc, and to provide an extension of an additional two-year period, to be in effect until November 15, 2002. 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 Jones Aye Approve design modifications of the Historic Sanford Memorial Stadium to expand the locker rooms and dugouts to ensure proper facilities for current and future events, subject to final cost estimates and approval of the Proposal Request for construction. Commissioner Eckstein moved to approve design modifications of the Historic Sanford Memorial Stadium subject to fmat cost estimates, the Proposal Request for construction, and to expend the funds from the Genera/Fan~t Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Aye Consent Agenda. Commissioner Jones asked if the Martin Luther King Jr. parade was using the same route as they usually use. Mike Kirby, Recreation Director, reported they are using the same route they used last year. Commissioner Jones suggested they use 13th Street to Sanford Avenue, down to the lake front, instead of going through the residential area and blocking off First Street for that long. Commissioner Willjams reported the parade only lasts an hoar. Commissioner Jones reported the street would be closed for two hours. City Manager VanDerworp reported all of the street closure requests have been provided to the merchant' s association representatives for their comments, and only one or two calls were received. Commissioner Eckstein asked if they would be opposed to going down Sanford Avenue because it would be going through the historical area, Georgetown, etc. Commissioner Williams reported that taking the parade offof First Street sends a very negative message. Commissioner Williums moved us follows: Approve street closure of 13th Street from Persimmon Avenue (at Creoms Academy) to Laurel Avenue~ Laurel Avenue from 13th Street to First Street~ First Street from Laurel Avenue to Fort Mellon Park, on Monday, January 15, 2001, from 10:00 A.M. to 12:00 P.M., in conjunction with "Martin Luther ICing Jr. Celebration" special event. Approve use of Civic Center and waive the fee on January 13 & 14, 2001 for Martin Luther King Celebration. Approve continuation of current water rates for the Midway-Canaan Water Association. Approve $50,000 Grant Application from the Division of Emergency Management Emergency Management Preparedness and Ass/stance Trust Fund. Approve 1st amendment to consulting services agreement with Hunter Interests, Inc. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: MINUTES City Commission, Sanford, Florida 7:00 p.m. Regular Meeting December 18~92.000 Mayor-CommisSioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Jones Nay Commissioner Jones reported the only item he dissented on was spending $25,000 of City money on a County project (the 1st amendment to consulting serv/ces agreement with Hunter Interests, Inc.). Add-on items. City Manager VanDerworp reported he received a request from Sara Jacobson to put a moratorium on the two-hour Farking limit downtown from now until the end of business December 24, 2000. The reason was because with -- the Christmas shopping hours, it helps the downtown merchants compete with the Towne Centre a little more successfully. After discussion the Commission concurred to take no action on this request. City Attorney's Report. No report. City Clerk's Report. No report. City Manager's Report. The City Manager, with the help of Commission Liaison Diane Crews, presented the Mayor and each Commissioner with a small token as a Christmas present. Mayor Dale presented a Christmas gift to the City Manager. City Commissioners' Reports. Commissioner Eckstein - reported he wants to do away with an ordinance that was made to punish one individual because it was made for the wrong reasons. He made a motion that anyone leaving the City Commission can sit on a City Board immediately and not have to wait a year. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye Commissioner Willlures - reported she was touched by the gift of the picture that appeared in her 1959 yearbook. She further reported she really enjoys working with everyone. Commissioner Lessard - No report. Commissioner Jones - No report. Mayor Dale - reported they appreciate the gifts and he wished everyone a very Merry Christmas and a Happy Hanukkah. There being no further business, the meeting was adjourned. Attest: ~~r~~ ' mr