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011000 ws/rm min.230 E718672 City MINUTES Commission, Sanford, l~H3daP .M . WORK SESSION JANUARY 10 2000 The City Commission of the City of Sanford, Florida met in Work Session on Monday, January 10, 2000, at 4:00 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. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan Acting City Manager Donna Watt City Clerk Janet R. Dougherty Absent: City Manager Anthony VanDerworp City Attorney William L. Colbert The Chairman called the meeting to order. Employee of the Month Award. Mayor Dale presented Carol Stolaski with the Employee of the Month Award for January, 2000. Sanford Airport Authority Unaudited Financial Report for year ended September 30, 1999. Donna Watt, Acting City Manager and Finance Director, reported Bryant Garrett, Finance Director for the Sanford Airport Authority, was present to present the annual unaudited Financial Report for year ended September 30, 1999, and that the audited report will be given at the same time as the City's audit report at the first meeting in February. Mr. Garrett presented an overview of the audit. [Commissioner Lessard briefly left the meeting and returned.] After discussion, the Commission requested a breakdown of the attorney's expense, audited numbers from December 1998, industrial park revenue, total asset worth, and the current liabilities and long term debts. [Assistant City Attorney Catherine Reischmann present.] Mayor Dale said additional revenue will be realized through receipt of the Passenger Facility Charge (PFC) of $1 per passenger, however, the money can only be used for capital improvements. Mayor Dale said cash flow will be increased due to the increase of landing fees from $.55 to $.65 per thousand pounds. The Commission requested that detail be provided in the quarterly and annual reports. Seminole High School/Millennium Middle School/Community Pool entrance from Airport Boulevard. Jay Marder, Director of Engineering & Planning and Diane Kramer, Executive Director of Facilities with the Seminole County School Board were present to review the plans regarding access to Seminole High-School, Millennium Middle School and the Sanford Community Pool. Ms. Kramer said the School Board purchased foh~rteen acres to provide road improvements to Live Oak Boulevard and Masters Cove Road and that main access to Millennium Middle School-will be provided from Live Oak Boulevard. [Commissioner McClanahan left the meeting.] Improvements will include widening Live Oak Boulevard by four feet, adding a sidewalk to one side, and creating a second access to Seminole High School and the Community Pool. The Live Oak Boulevard access to Millennium Middle School will connect through to Georgia Avenue and is planned to stay open. Parking at the pool will be separated into two areas by a raised sidewalk and there will be a gate to control access and prevent cut-through traffic, however, the gate will be opened for special events. The School Board wants to leave the main entrance to Seminole High School on Ridgewood Avenue. A gate at the Live Oak entrance to Seminole High School is planned and may be closed during off-school hours. There will be general improvement of the intersection of Georgia Avenue and Santa Barbara which will include adding a turn lane, removing and re-con~guring some parking, realigning access on Georgia Avenue from the high school parking lot with the access to the apartments, extending sidewalks, and generally cleaning up the asphalt surfaces. All improvements should be accomplished during Summer, 2000. [Commissioner McClanahan MINUTES City Commission, Sanford, Florida 4: O0 P .M. WORK SESSION JANUARY 10 231 returned to the meeting. ] Ms. Kramer said the School Board will be submitting an annexation petition for 17 acres of property located at the comer of Oregon Avenue and Hughey Street, next to Derby Park, which will be used for an elementary school. Code Enforcement Board foreclosures report specifics. Charles Rowe, Director of Community Development, distributed a chart of code enforcement liens which lists 23 properties proposed for foreclosure and recommended the City Attomey proceed with title searches in preparation of foreclosure. He said when information is received from the City Attorney regarding the title searches, Staff will determine whether superior liens exist and whether the property value is equal to or more than the sum of City and superior liens. Staff will review the property relative to environmental concerns and will make recommendation to the Commission. The Commission discussed the various properties with code enforcement liens and concurred that Staff send 10 day demand letters to all of the Cases, and to choose five or six properties to foreclose and review with the CommissiOn. [Commissioner Eekstein briefly lef~ the meeting and returned. ] Board appointments. Janet Dougherty, City Clerk, reported that Sue Walther resigned from the Nuisance Abatement Board and an application is on file from Carol Ward, and she wishes to be appointed. The term of the municipal position held by Oviedo Councilman Thomas Hagood on the Seminole County Expressway Authority is expiring and CALNO recommends his reappointment. Rel~ular Agenda items, Add-on items, and other items. Commissioner Lessard said he had an Add-on item and distributed to the Commission a copy of Restrictions, Reservations and Conditions on Real Estate which was recorded in ORB 2368, Page 0946 on December 13, 1991, regarding an apartment building located at 606 Park Avenue and is owned by Jack Travis. He said that Mr. Travis voluntarily accepted the restrictions, reservations, and conditions placed on the property that he reserve and occupy one of the units and he would like to have the restriction lif[ed so he can free up capital in order to purchase more property. Commissioner Eekstein said the posture of the historic district at that time was that all multi-family revert to SR- 1, and it was determined that if a property was not used as multi-family for a period of six months, then it would revert to SR-1. Commissioner McClanahan said the property had been vacated for more than six months and in order for the property to be reinstated as rental property, Mr. Travis had to comply with the restrictions the Commission placed on the property. The property was in the process of being tom down and k was decided that the building had historic value and should be saved. Commissioner Lessard said that Mr. Travis has honored the restrictions which include refurbishment of the property and that the owner occupy one unit. The Commission concurred to take action at tonight' s Regular Meeting. City. Manager's briefing. Southshore Club property settlement offer. Donna Watt, acting City Manager, reported a letter from Southshore Club attorney Sid Vihlen, HI, had been received which offered to pay the sum of $110,000. to settle all of the outstanding issues regarding the property: a) a full and final waiver of any rights to receive annual payments under the 1983 agreements between Robert G. Feather and the City of Sanford; b) a full and final waiver of any right to interest on the annual payments; c) a full and final release of any lien or other rights in or to Southshore Club' s property; d) a full and final general release of all claims in any way arising from the City's sale of the property to Southshore Club and/or any reverter or other rights 232 E718672 MINUTES City Commission, Sanford, Florida 4: oo P.M. WORK SESSION JANUARY 10 2000 retained by or granted to the City. Acceptance of the settlement offer would allow the property to move forward for development with subsequent tax base benefits. Sid Vihlen was present on behalf of the Southshore Club and stated the City would receive the settlement within a week. The Commission concurred to take action at tonight's Regular Meeting. Pool status report. Tony Ackerson, Aquatics Supervisor, and Chris Smith, Project Coordinator were present to discuss the status of the swimming pool at Seminole High School. Mr. Ackerson reported that on January 6, 2000, the Florida Department of Health authorized the initial use of the pool, with four provisions which must be remedied within thirty days: a) hook up to pool heater; b) relocation of rescue equipment; c) completion of retention pond; d) signs must be provided to direct patrons to toilet locations. Mr. Ackerson reported the hook up to the pool heater and completion of the retention pond should be completed by Wednesday afternoon. The rescue equipment will be relocated as soon as the perimeter fencing around the pool deck is completed. Mr. Smith said in addition to the items listed above, the landscaping and irrigation will be complete within two weeks. He said the chain link fence on school board property does not contain barbed wire because of DOE ruling, however, additional perimeter fencing will be installed which contains barbed wire. The Commission concurred that the City owns the property and the present school board fence should be relocated one foot back from ~he property line to allow barbed wire fencing. Mr. Ackerson said the proposed schedule through April 1 is for the pool to be open to the public from 5:00 P.M. until 9:00 P.M., Monday through Friday, open to the public from 9:00 kM. until 9:00 P.M. on Saturday, and noon to 6:00 P.M. on Sunday. The summer schedule permits use by the community on Monday through Friday, from 9:00 A.M. until 9:00 P.M. Weekend hours will remain the same. Commissioner Willjams expressed concern that the community would not have use of the pool until 5:00 on weekdays, and said the pool should be available as soon as the school day ended. Mr. Ackerson said the school's swim team will use the facility from 3:00 to 5:00 for practice the first of August until mid November, and the water polo team from late January through mid April. If there is no concern regarding liability it could be possible for the community to use the pool at the same time the school's athletic team is practicing. The Commission concurred to further consider the hours of operation. Verified Complaint and Writ of Certiorari (407 W. -4th Street). Assistant City Attorney Catherine Reischmann reported there have been two actions fled based on the parking variance granted to Seminole Volunteer Enterprises, one of which is an appeal that requires action within thirty days of receipt and requires the Commission to admit or deny the allegations of the Complaint. By denying the alleghtions of the Complaint in the Resolution, the Commission requires the plaintiffs to prove their case. Action can be taken to circumvent attorney fees by placing the onus on the applicant, Seminole Volunteer Enterprises and to immediately seek to mediate the case. If the Commission chooses to not adopt the Resolution and chooses to adopt a Resolution admitting the allegations of the Complaint, then the City would face potential liability from the applicant. If the Commission admits the allegations of the Complaint, then the City could be placed in a position of having to amend the Comprehensive Plan and rezoning the property, which places the City in a greater position of liability with Seminole Volunteer Enterprises. Staff recommends to proceed with the Resolution denying the allegations of the Complaint and immediately pursue to mediate the case and require the applicant to bear the onus of the lawsuit. The Statute states the E718672 MINUTES City Commission, Sanford, Florida 4:00 P.M. WORK SESSION JANUARY 10 Commission must either deny the allegations of the Complaint and proceed to litigation, or approve the Complaint which allows the plaintiff to get a judgement which may encompass more that quashing the decision of the City Commission. Denying the allegations doesn't necessarily mean they are false; it means the plaintiff should prove them. Mayor Dale said most of the allegations of the Complaint are true and that the others are debatable. Commissioner Lessard suggested having an Executive Session to discuss the suit. Attorney Reischmann said an Executive Session can't be held until suit has been filed and is pending litigation, or until thirty days pass. The Commission concurred to take action on this item at tonight's Regular Meeting. Attorney Reischmann said the Writ of Certiorari is an appeal and cannot be mediated. [Commissioner McClanahan briefly lef~ the meeting and returned. ] Other business. Commissioner Williams said when Ordinance No. 3502 was first presented to the Commission there were concerns expressed and Staff was asked to modify the ordinance to meet some of the concerns. She said her concern regarded language contained in the ordinance regarding social service type services in the City. She said she supports the ordinance in terms of its basic premise in that all social service type facilities should not be concentrated in Sanford and the ones already in Sanford should not be concentrated in communities and business districts, and that a guideline should be set for their location in other areas. She said her understanding was that churches, day care centers, and senior citizen agencies were exempted from the ordinance, and because they have been included in the ordinance she wanted to make sure the ordinance stipulates where those agencies could be located. [Commissioner Lessard lef[ the meeting.] Mayor Dale said there are certain zoning categories where they are permitted and there are certain zoning categories where they are conditional use. She said her main concern regards the compatibility standards for community resource facilities which lists requirements that must be met and must be reviewed by the Planning & Zoning Commission and the City Commission. She said she has a problem with any ordinance that appears to make it difficult for an agency by requiring them to prove they will not be detrimental to the character or development trends in the area. [Commissioner McClanahan briefly lei't the meeting and returned.] She said she is concerned about the perception of the ordinance by the public because it could appear that it could be difficult for those agencies to be approved. She suggested there be a community forum to communicate what the City's position is as it relates to all citizens. There being no further business, the meeting was adjourned. M oor/~ Attest: 233 xy92ooo cp 234 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING JANUARY 10 The City Commission of the City of Sanford, Florida met in Regular Meeting on January 10, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan Assistant City Attorney Catherine Reischmann Acting City Manager Donna Watt City Clerk Janet R. Dougherty Presentation. Absent: City Manager Anthony-VanDerworp City Attorney William L. Colbert The Chairman called the meeting to order. Mayor Dale presented Mike Wierzbowski with the Employee of the Year Award for 1999. Citizen participation. Doreen Freeman, 705 Mellonville Avenue, reported that at the Planning & Zoning Commission meeting last week, either the board members weren't speaking into the microphones or they weren't working, because it was very difficult to hear. Also, the Planning & Zoning Agendas do not contain enough detail regarding the acreage being changed and how the property will be used when it is rezoned. She also said that 46A needs to be widened before the new elementary school is constructed. Approval of minutes. Commissioner Lessard moved to approve the minutes of the December 27, 1999 Regular Meeting. Seconded by Commissioner McClanahan and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public Hearin~ and first readin~ or Ordinance No. 3528 re: amendinl~ Ordinance No. 3079, the Comprehensive Plan, amending the Future Land Use Plan Map, addine annexed property. Ad published January 2, 2000. Ordinance No. 3528 was read by title. Jay Marder, Director of Engineering and Planning, reported the First Comprehensive Plan Amendment for the year 2000 includes seventeen sites which are primarily sites which have annexed into the City since the last amendment was made to the Future Land Use Plan Map of the Comprehensive Plan. There are three sites that are requests by owners to change the use of their land and represent a change from the existing Future Land Use Plan Map designation. Site number 3, is south of the Orlando Sanford Airport in the Lake Golden area which is proposed to change from General Rural to Airport Industry and Commerce. Site number 8 is located south of East Lake Mary Boulevard, north of Pine Way, and east of Sanford Avenue and is proposed to change from Industrial to Low Density Residential. Site number 17 is located on the north side of East Lake Mary Boulevard between Mellonville Avenue and Ohio Avenue is proposed to change from Medium Density Residential-10 to Industrial within 400 feet of the adjacent roadways and High Density Residential for the balance of the sites. The Planning & Zoning Commission recommended that the site be changed from MDR-10 to Suburban Estates. Upon receipt of a letter from the Sanford Airport Authority opposing any significant residential development of the site due to anticipated airport noise, Staff recommends that the site be designated Industrial. Mayor Dale reported the Commission would consider each property separately since the ordinance contains E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING JANUARY 235 ~o x~.2ooo seventeen different properties, and would begin with number 17 since there were several people present to speak regarding that item. Mayor Dale reported the Commission would hear from those persons present to speak regarding number 17, property located next to Silver Lake on the north side of East Lake Mary Boulevard between Mellonville Avenue and Ohio Avenue. Charles Prescott, 1201 Cornwall Road, representing Abdulhussein Family LP, owner of the property, reported there had been discussions with the community and requested this item be pulled from the Agenda tonight so a more detailed plan can be developed and a land use change requested. Mayor Dale reported he had ex-parte communication with several people in the audience regarding this item. Commissioner McClanahan reported he had ex-parte communication with Mr. Prescott and several people in the audience. Commissioner Lessard reported he had ex-parte communication with Ms. Brumley. Commissioner Williams reported she had ex-parte communication with two persons. The following persons were present to speak in opposition to changing the land use from MDR-10 to Industrial and requested the land use be changed to Suburban Estates: Richard Fowler, 3400 Whitner Way; Beverly Baird Boothe, 3358 Whitner Way; George Wilson, 3280 'Ohio Avenue (submitted photographs); Doris Brumley, 3371 Whitner Way; Elise Cornell, South Mellonville Avenue; Nancy Bell, 3299 S. Mellonville Avenue; Helen Tucker, 3410 Whitner Way; Monte Shoemaker; and Lance Abney, 2200 East Lake Mary Boulevard. David Dunlap, Engineer, Harding Lawson Associates, 6500 All American Boulevard, Orlando, Agent for Abdulhussein Family LP, owner of the subject property, reported the applicant is requesting a land use change for a portion of the property to become Industrial and the remaining part to become High Density Residential. The reason for the request is to allow industrial development to occur along Mellonville Avenue and East Lake Mary Boulevard that is consistent with surrounding land uses. The change will also be compatible with the proposed widening and extension of Lake Mary Boulevard to four lanes. It is also the intent to reserve a portion of the property for residential use and to buffer the industrial activity from the properties on the north and east shores of Silver Lake. However, because of the concems of the local residents, the applicant requests an extension so a master plan can be prepared. Mr. Marder said the current land use is designated MDR- 10 and changing the land use to Suburban Estates, which is a lower intensity, cannot be accomplished without the owner's consent. Mayor Dale said to downgrade the Future Land Use Map to change the land use from what is already allowed could subject the City' s tax payers to a horrendous lawsuit. Commissioner Lessard moved to remove number 17 for separate consideration. Seconded by Commissioner McClanahan and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye After discussion, Commissioner Lessard moved to deny the First Comprehensive Plan Amendment of 2000 item number 17, requesting to change the land use designation from MDR-10 to Industrial. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye 236 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING JANUARY 10 20O0 Mayor Dale reported the Commission would hear from those persons present to speak regarding items numbered as follows: (16) property lying between SR 46 and Smith Canal Road and between Elder Road and Rinehart Road. No one appeared. (15) property lying between the rail road and Iowa Avenue and between N. Kennel Road and Creek Road extended northerly. No one appeared. (14) property lying between Narcissus Avenue and SR 46 and between N. White Cedar Road and Creek Road extended northe~y. No one appeared. (13) property lying between Twin Lake and SR 46A and between Wood Ridge Trail and Twin Lake. No one appeared. (12) property lying between South Oregon Avenue and Twin Lake and between South Oregon Avenue and Plantation Lakes Circle. No one appeared. (11) property lying between East Lake Mary Boulevard and Woodson Avenue and between Cherokee Circle and Highway 17-92. No one appeared. (10) property lying between SR 46 and Ruby Street extended easterly and between Creek Road and Upsala Road. No one appeared. (9) property lying between SR 46 and Smith Canal Road and between Sewell Road and Rinehart Road. No one appeared. (8) property lying between East Lake Mary Boulevard and Pine Way and between Sanford Avenue and Andrews Road. Susie Chenette, 1200 Pine Way, said the property is directly behind her property and that it is presently zoned Industrial, and asked what the proposed use of the land would be. Jay Marder, Director of Engineering & Planning, said the Planning & Zoning Commission recommended Low Density Residential. Kathy Vugrincic, 1305 Palm Way, requested the least amount of density as possible in that area. Janet Sharpe, 13'55 / Pine Way, requested that the property be low density. (7) property lying between Coastline Road and the proposed extension of the Central Florida Greeneway and between Upsala Road and Rinehart Road. No one appeared. (6) property lying between 22nd Street and Southwest Road and between Southwest Road and W. Airport Boulevard. No one appeared. (5) property lying between Panama Place and 1 st Drive and between Scott Drive and South Summerlin Avenue. No one appeared. (4) property lying between Rose Hill Trail and Pine Way and between South Mellonvillle Avenue and South Sanford Avenue. No one appeared. (3) property lying between Airport Boulevard East and Marquette Avenue and between Red Cleveland Boulevard and Ohio Avenue. No one appeared. (2) property lying between 281h Street and Laurel Drive and between South Park Avenue and South Oak Avenue. No one appeared. (1) property lying between East Airport Boulevard and Kelly Circle and between Jenkins Circle and the Central Florida Greeneway. No one appeared. Mayor Dale concluded the public hearing. Commissioner Lessard moved on the first reading of Ordinance No. 3528, as amended by deleting item #17, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3079 OF SAID CITY, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN, SAID AMENDMENT BEING THE FIRST ANNUAL AMENDMENT; AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN 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 Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner MeClanahan Aye Public hearin~ to consider second readin~ and adoption of Ordinance No. 3526 to annex 6.192 acres of property lying between Country. Club Road and CR 46A and between W. Airport Boulevard and Bevier Avenue extended southerlv (2727 Country Club Road). Family Worship Center and Lou A. Best, owners. Ad published December 30, 1999 and January 6,2000. E718672 City MINUTES · 7:00 Commission, Sanford, Honda P.M. REGULAR MEETING JANUARY 10 237 2000 Mayor Dale reported that due to a legal snafu, all property owners have not signed the annexation petition. Janet Dougherty, City Clerk, reported the applicant said he will be able to accomplish the signature by next Commission Meeting. Commissioner McClanahan moved to table this item until the City Commission Meeting of January 24, 2000. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First readin~ of Ordinance No. 3529 to annex 5+ acres of property !yin~ between Derby Park and Stonehedge Court extended westerly and between Brushcreek Drive extended southedv and Oregon Avenue. Indian Trace Apartments, LC, owner. Ordinance No. 3529 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3529. Michael Murray, representing Seminole Trace LC, reported the property to be annexed is proposed to be incorporated into the existing Indian Trace PD. All conditions required of the rest of the PUD will be met, including improving the streets, curbs and gutters, street lights, walls around the existing residences, and a landscape buffer to the park. Beverly O'Hallic, 121 Queens Court, Mayfair Oaks Subdivision, Vice-President of Mayfair Oaks of Seminole Homeowners Association, reported information was provided a few weeks ago regarding the proposed development, and since then Jon Zabel, Director of the Mayfair Oaks Homeowners Association met with Mr. Murray to discuss the development. The Homeowners Association is willing to support the development, based on promises by Mr. Murray to the Association regarding the project entry, brick wall, landscape buffer, flooding, density, lake, traffic, and proximity of apartment units on the southern property line adjoining Mayfair Oaks. Commissioner Eckstein reported he had spoken with Mrs. Lois Tyre who expressed concern regarding the sand hill cranes and how they would be affected by the development. The following persons were present to express concerns regarding the project entry, speed limit and traffic flow on Oregon Avenue, and protection of natural area and wildlife: Frances Berrios, 116 London Fog Way; Scott Ariotti, 142 London Fog Way, Jo Dyer, Mayfair Meadows; Jacob Braga, 140 London Fog Way; Mr. Benios, 116 London Fox Way. Mr. Berrios said the home owners of Mayfalr Oaks and Mayfair Meadows support the developer's plans, based on the concessions being enforced. Mayor Dale said a Development Order will include conditions and stipulations agreed to by the developer. Commissioner Lessard moved on the first reading of Ordinance No. 3529, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, APORTION OF THAT CERTAIN PROPERTY LYING BETWEEN DERBY PARK AND STONEHEDGE COURT EXTENDED WESTERLY AND BETWEEN BRUSHCREEK DRIVE EXTENDED SOUTHERLY AND OREGON AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION ' 171.044, FLORDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye 238 E718672 MINUTES City Commission, Sanford, Florida7: °° P.M. REGULAR MEETING JANUARY 10 Commissioner McClanahan Aye Public hearing and first reading of Ordinance No. 3530 to rezone 85 + acres of property lying between Upsala Road extended westerly and 251h Street and between Upsala Road and OreEon Avenue extended northerly from A-l, Agriculture, to PD, Planned Development, and to amend a portion of The Indian Trace Planned Development to "Seminole Trace PD", based on consistency with the Comprehensive Plan Future Land Use desiEnation of MDR-10, with conditions and stipulations. Indian Trace Apartments, LC, owner. Ad published December 5, 1999. Ordinance No. 3530 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3530. Michael Murray, Seminole Trace LC, 1399 W. SR 434, Longwood, Hotida, reported he met with Commissioners, Staff, and numerous people regarding the development and agreed to the conditions listed in his letter to the Mayfair Homeowners Association regarding the project entry, brick wall, landscape buffer, flooding, density, lake, traffic, and proximity of apartment units on the southern property line adjoining Mayfair Oaks. Mareie Nelson, President of the Mayfair Meadows Homeowners Association, reported concern regarding the location of the development in relation to Mayfair Meadows, the density of the project, buffer, and conservation ofwildlife. Mayor Dale said the proposed development is a very large area and Mayfair Meadows is a considerable distance away to the south. Jay Marder, Director of Engineering & Planning said the Master Plan for Seminole Trace Planned Development proposes a total of 800 units on 85 acres. Mayor Dale said there will be considerable distance between the development and the residents of Mayfair Meadows, and there will be no encroachment upon the conservation area. Jeff Baldwin, 107 Candlewick Court, Mayfair Meadows Subdivision, reported concerns regarding the flooding situation in Mayfair Meadows, and said the pipes designed to carry water away from the development into the wetlands is not working. He was concerned that the lake would further impact the flooding situation. Mayor Dale said he developed the Mayfair Oaks Subdivision and that the St. Johns River Water Management District would oniy permit the berm at an elevation of 40 feet. He said the concrete spill over weir was designed to work with nature. The rim elevation of the curb inlets is about 39 feet, so there will be water standing in the curb inlets during moderate to heavy rains. Mayor Dale said the lake would be reviewed by the developer's engineers, the City's engineers, the St. Johns River Water Management District, and the Army Corps of Engineers. Mayor Dale dosed the public hearing. Commissioner Williams moved on the first reading of Ordinance No. 3530, 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 ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN UPSALA ROAD EXTENDED WESTERLY AND 25TH STREET AND BETWEEN UPSALA ROAD AND OREGON AVENUE EXTENDED NORTHERLY, FROM A-l, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT AND AMEND A PORTION OF THE INDIAN TRACE PLANNED DEVELOPMENT TO "SEMINOLE TRACE PD"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eekstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye The Commission took a brief break and reconvened. 2000 E718672 MINUTES 7:00 City Commission, Sanford, Florida P.M. REGULAR MEETING JANUARY 239 10 Xi~),2000 Rescue Church of God Right-of-Way Use Aereement. Donna Watt, Acting City Manager, reported that at the last City Commission Meeting Staff was requested to contact the Rescue Church of God regarding the Right-of-Way Use Agreement and to discuss the indemnification clause requiring the church to pay attorney fees. A letter received from Richard Burke, church representative, stated the church would pay $750.00 of fees for Ms. Jones deposition and would make a decision on repaying the $3,100., Attorney fees incurred by the City, at a later date, and that church representatives would be at the January 10 Commission Meeting to explain their reasons. Ralph Douglas, Attorney, representing the Rescue Church of God, distributed to the Commission a handout regarding services provided by Rescue Outreach Missions. He said that in 1996 the City Commission authorized a Right-of-Way Use Agreement with the Rescue Church of God for the right-of-way across the street from the church to be paved and used for parking. Margaret Jones, owner of property abutting the Mulberry Avenue right-of-way, filed suit against the City of Sanford and the Rescue Church of God alleging there was a violation of Article I of the Constitution of the State of Florida by the City granting the church a special private use. He said the paved parking area has been available for use by the public and at no time has been used strictly by the church. Mayor Dale said when the City granted the Right-of-Way Use Agreement, the church agreed to indemnification, holding the City harmless, and defending against all action. Making reference to the handout, Mr. Douglas said that for the calendar year of January through December 1999, Rescue Outreach Missions provided 72,067 meals and provided 432 people with room and board. Mr. Douglas said the church agrees to pay up to $750. of the attorney's fees, however, he asked the Commission to reconsider having the church pay all the legal fees, based on the social service needs that the church provides to citizens. He said it is unjust to require the church to pay the litigation of the case. Mayor Dale said the services provided by Rescue Outreach Missions is indisputable, however, the issue is the indemnification clause of the agreement. Assistant City Attorney Catherine Reisehmann said the suit could be resolved with a motion for summary judgement and taking Ms. Jones deposition, with the church paying the cost of $750.00 to the City to cover the expense of summary judgement. Mother Blanche Weaver said that the parking area is not only used by the church. She said the lady that is complaining about the parking area owes her $5,000. which was loaned to her so she wouldn't lose her property. She said that although she needs the parking area, she agreed to pay the $3,300.00 and to give up the use of the land. After discussion, Commissioner Williams moved to rescind the Right-of-Way Use Agreement and to work out a payment plan forthe $3,300.00 due for costs incurred defending the case. Seconded by Commissioner Eckstein. Mr. Douglas said the church would like to pay the amount due and pay whatever is incurred by the City in the future regarding this case, on the condition that the agreement not be revoked, and allow the adjudication of the matter by the courts. He said a proposal was made for the church to undertake the litigation and the City Attorney would have a monitoring status to protect the interest of the City. Commissioner Lessard said it would be bad economics for the church to do that, because there is no limit to what the suit could cost. He recommended bringing closure to the present situation and finding alternative parking in the area. Commissioner W'dliams amended her motion and moved to rescind the Right-of-Way Use Agreement, restore the right-of-way 24O E71867l MINUTES. City Commission, Sanford, Florida 7: oo P.M. REGIIT.AR MEETING JANUARY 10 to ks original condition, and work out a payment plan for $3,300.00 due for costs incurred defending the case. Seconded by Commissioner Eckstein and canied by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Williams moved to have the City's Public Works Department, at the City's expense, restore the right-of-way to its original condition. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye South Shore Club property. settlement often Commissioner Eckstein moved to approve the South Shore Club property settlement offer to pay the sum of $110,000. to settle all of the outstanding issues regarding the property: (a) a full and final waiver of any fights to receive annual payments under the 1983 agreements between Robert G. Feather and the City of Sanford; (b) a full and final waiver of any right to interest on the annual payments; ( c ) a full and final release of any lien or other fights in or to South Shore Club's property; (d) a full and final general release of all claims in any way arising from the City' s sale of the property to South Shore Club and/or any reverter or other fights retained by or granted to the City. Seconded by Commissioner McClanahan and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Condemnation Status Report. Charles Rowe, Director of Community Development, reported regarding Ridgewood Villas, that title searches have been completed for 22 of the 60 units. Regarding 419 S. Palmetto Avenue, the City Attorney' s office was authorized to do a title search, however, Poinciano Lopez, owner of the property, said he and his mortgage Company have secured financing to demolish the building in the back of the structure and will pull a demolition permit. First reading of Ordinance No. 3527 re: annexing 28.7 acres of property !yin~ between Airport Boulevard East and Marquette Avenue and between Red Cleveland Boulevard and Ohio Avenue. Richard M. James, Sharon L. Sullivan, and Daniel and Carla Jean Houser, owners. Ordinance No. 3527 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3527, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, PORTIONS OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD EAST AND MARQUETTE AVENUE AND BETWEEN RED CLEVELAND BOULEVARD AND OHIO AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: E718672 City MINUTES 7:00 P.M. Comntission, Sanford, Florida REGULAR MEETING JANUARY 10 241 2000 Mayor-Commissioner Dale Aye Commissioner Eekstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner MeClanahan Aye First readin~ of Ordinance No. 3531 re: Code Enforcement statutory changes. Charles Rowe, Director of Community Development, reported the changes to the ordinance regard the methodology requiring proper notification to potential buyers of property which have a Code Enforcement lien. Language has been added to address violations which are irreparable or irreversible in nature. Violators may be ordered to pay a fine not to exceed $5,000. per violation. Another amendment provides that code enforcement liens be co-equal with the liens of all state, county, district and munidpal taxes and superior to all other liens, titles, and claims until paid or extinguished. There is a change to clarify the notice requirement by certified mail and posting; in the case of commercial premises, notice may be left with the manager or other person in charge. Another methodology of service is posting a notice on the property and at City Hall, in lieu of publication. Ordinance No. 353 1 was read by title. On recommendation of the City Manager, Commissioner Eckstein moved on the first reading of Ordinance No. 353 1, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& RELATING TO THE CODE ENFORCEMENT BOARD; AMENDING SECTION 2-173. DEFINITIONS., REVISING THE DEFINITION OF "REPEAT VIOLATION"; AMENDING SECTION 2-175. ENFORCEMENT PROCEDURE.; ADDING A NEW SUBSECTION (e) REGARDING TRANSFER OF OWNERSHIP DURING ENFORCEMENT PROCEDURE; AMENDING SECTION 2-178. ADMINISTRATIVE FINES AND LIENS., SUB SECTION (1) REGARDING THE CONTINUING OBLIGATION OF THE CITY AND THE EXPOSURE FOR LIABILITY; AMENDING SUBSECTION (1) AND (2) (a) WITH REGARD TO REPEAT VIOLATORS; AMENDING SUBSECTION (3) TO PROVIDE THAT CODE ENFORCEMENT LIENS BE CO-EQUAL WITH THE LIEN OF ALL STATE, COUNTY, DISTRICT, AND MUNICIPAL TAXES AND SUPERIOR TO ALL OTHER LIENS; AMENDING SECTION 2-181. NOTICES. TO CLARIFY THE NOTICE REQUIREMENT BY CERTIFIED MAll, AND POSTING AND TO PROVIDE FOR NOTICE PROCEDURE FOR COMMERCIAL PREMISES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Adopt Resolution No. 1831 re: amendin~ the Classification & Pay Plan to add (1) Actin~ Police Lieutenant position in the Uniform Division, and to transfer (1) Police Captain position from the Uniform Division to Administration within the Police Department. Resolution No. 1831 was read by title. On recommendation of the City Manager, Commissioner Eckstein moved to adopt Resolution No. 183 1, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS TO PROVIDE FOR PERSONNEL RELATED REVISIONS TO BE INCORPORATED IN THE "CLASSIFICATION & PAY PLAN" TO PROVIDE FOR THE ADDITION OF ONE (1) ACTING POLICE LIEUTENANT IN THE UNIFORM DIVISION AND TO TRANSFER ONE (1) POLICE CAPTAIN FROM UNIFORM TO ADMINISTRATION WITHIN THE POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye 242 E718672 MINUTES City Commission, Sanford, Florida '~:00 P.M. REGULAR MEETING JANUARY 10 ¥~.2ooo Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Adopt Resolution No. 1832 denyinE claims of Verified Complaint re: 407 W. 4th Street. entitled: Resolution No. 1832 was read by title. Commissioner McClanahan moved to adopt Resolution No. 1832, ARESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORID& RESPONDING TO A COMPLAINT FILED AGAINST THE CITY OF SANFORD ON DECEMBER 21, 1999, REGARDING APPROVAL OF A DIMENSIONAL VARIANCE FOR PARKING; DENYING EACH AND EVERY ALLEGATION CONTAINED IN SAID COMPLAINT; PROVIDING AN EFFECTIVE DATE. Seconded by Commissioner Eekstein. Mayor Dale said he reviewed the allegations in the claim and indisputably, most of them are not something he can deny, and some of them are disputable, and he would vote against the motion for that reason. Jean Metts, 4601 Orange Boulevard, Lake Monroe, Director of Seminole Volunteer Enterprises, 407 W. 4th Street, read aloud a prepared statement saying she has grave concern about the course upon which the community is about to embark and asked the Commission to consider historical facts which bear directly and immediately on current Commission actions, and are the larger context in which the variance granted to Seminole Volunteer Enterprises, Inc. must be considered, as well as any ordinances which affect social service agencies such as proposed Ordinance No. 3502. Ms. Metts stated that the City has a long history steeped in segregation and racial discrimination. Her building is surrounded by buildings that are commercial, non-residential uses that are not in the old Sanford Historic District; however, her building was placed inside the Historic District because of race, and it has been called a soup kitchen, homeless shelter and a hobo jungle on the agenda of the neighborhood watch meeting because of race. She said that although the persons who filed suit never mentioned race and poverty, it is what the dispute is about. The persons who filed suit do not even live close to her program but believe the image of the historic community will be affected by the poor minorities who use the program; this is the sad and tragic truth, the course upon which the Commission is about to embark if it does not defend the variance granted to her agency. Ms. Metts then stated that the City' s approach to development should be revised to include the poor; under the pretense of regulating social service agencies in the City, ordinances are passed which disparately impact racial minorities, the homeless, and the disabled. She asked if we are our brother's keepers or are we a City on the prowl for developers and tax credits. Further, the Mayor's public and repeated comments on poor people and his desire to remove them from the City can rightfully be construed by people of good faith as racist and biased against the poor; that is not good govemment and is not in the best interest of all the community. She said that Commissioner Lessard has a grave conflict of interest because he owns so much property in the Historic District. She is aware that Sanford is supporting the Housing Authofity's plans to demolish one hundred and seventy affordable units of desperately needed low income housing and asked where will they go to live; more people will become homeless. The Commission' s action has supported the destruction of low income housing and now they want to stop her program from serving that need. She said that one doesn't need to be a believer in conspiracies to understand that all the rest of the ordinances can be connected to that same goal of displacing and removing the poor and minorities out of Sanford. She quoted Thomas Jefferson whom in 1809 wrote, "The care of human life and happiness and not their destruction is the first and only legitimate object of good government." and said that this fundamental principal is under attack in Sanford tonight. She is aware that the Sanford Tenants Organized for Reform of Management (STORM) has announced their opposition to Ordinance No. 3502 and will take E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING JANUARY 243 ~o ~ 2ooo memme~ legal action. Ms. Metts fears it may be necessary because she is concerned that the City is thinking of doing a sweetheart deal with its Historical District friends. The end result will be the demise of compassion and equality in our City in the pursuit of development and increased tax revenues. She said what the Commission is doing now shows that race still matters and that race makes all the difference where you live and what City government will and will not do. She questioned why her program threatens those who live blocks away. They call it a "hobo jungle"; race informs that offensive term. Maybe they cannot cotton to living e~ose to poor and black people. Is the Commission going to help enforce their prejudices? She then respectfully requested the Commission change its course of action and stated this statement should be entered into the public record on her behalE Ms. Metts also read into the public record a flyer delivered to her by someone who lives in the Historic District and was offended by the flyer which states, 'If you are concerned about the quality of life in the Historic District and the property value of your house, then you need to attend the meeting in Centennial Park at 5th and Oak across from the Higgins House and the Cultural Arts Building in the gazebo on Sunday, November 28th, at 7:00 P.M. Even though the City recommended that Jean Metts' soup kitchen be turned down and the Planning & Zoning Committee turned it down, three of our "not so bright" Commissioners decided to approve it even though there are only 7 off-street parking spaces for 100 diners. Our codes state that there must be four spaces per diner; .4 x 100 = 40, so there is a difference of 33 parking spaces. Also, this variance did not even meet one of the six guidelines for a variance per our City' s Planning & Zoning bylaws. The presence of this soup kitchen has devalued your property by 10%, so you can get involved now, or plan to lose 10% of the value of your house when you go to sell it; 10% x 50,000 = 5,000; 10% x 100,000 = 10,000. Also, please call your three Commissioners who do not live in your district but thought it was a really bright idea to put a soup kitchen in your neighborhood with virtually no off-street parking and with total disregard of the six Planning & Zoning guidelines: Velma '~VIoe" Williams, 322-9270; Mac "Larry" McClanahan, 323- 1167; Whitey "Curly" Eckstein, 322-2991. If you need more information or want to be put on our mailing list, then please call Bob Cassells at 322-9090 and leave your name, address, and phone number." Ms. Metts said that Penny James, from the STORM group, asked her to read into the record a poem by Sanford Tenants Organized for Reform of Management (STORM), entitled, "The Night Before Christmas in Sanford, Florida- the Quality City." "Twas the night before Christmas and all through the City the poor were not to be found for ours had been declared a quality town. The City Commissioners were nestled all snug in their beds while visions of tax credits and lake side resorts danced in their heads. The poor of Sanford were no longer there, so said the 'No Pauper' sign hung at the City limits with great care. When out at City Hall there arose such a clatter, the Commissioners sprang from their beds to see what the heck was the matter. Away to the meeting room Mayor Dale flew like a flash to summon his developer friends and prepare for a clash. The sun on the horizon high over Lake Monroe gave no hint of the brewing storm in the parking lot below. When what to their worrying eyes should appear but angry SHA tenants marching to protest and showing no fear. ' Oh no!' cried the Mayor, 'My developer friends I cannot fail. STORM will not get the better of me. I am the honorable Mayor Larry Dale.' More rabid than vultures, his developer friends had no pity. They repeated their mantra 'The poor must leave this quality City.' Now hungry, now homeless, now battered and disabled, 3502 must not be tabled. To the edge of the City, to the end of the line, the poor are different from us, me, and mine. From Mississippi I come, Mayor Dale said with a drawl, 3502 shall make those numbers of poor begin to fall. So up to the rooftop the Mayor he flew to hang a great big banner that said 'I am the lord of this wealthy white manor.' And then in a twinkling to his great surprise he heard old Saint Nick with eight tiny reindeer landing soft 244 E718672 MINUTES City Commission, Sanford, Florida 7=0~ P.M. RRGUT.AR MRRTING JANUARY 10 2000 as a bird. Santa's kind eyes shined with the hope of the season. Saving the poor of Sanford was his visit's reason. His sleigh was equipped to carry the sick and the homeless off to a better place to a City where their presence would not be considered a disgrace. 'Mayor Dale, don't you know,' he said, 'Sanford will never be a place of salvation as long as you pine for your old southem plantation.' Apartheid is a shame of the past; any politician who supports it will never last. And I heard him exclaim as he rode out of sight, 'Sanford needs all its citizens; banning the poor just ain't right!" In response, Commissioner Eekstein commented that Mayor Dale and his friend personally gave close to $50,000. to a black church that serves thousands and thousands of meals. He said that Mayor Dale walks the walk in his idea and his theory and he can't stand for him to be attacked, because he doesn't believe he is racist at all. He and his friend didn't have to give all that money to a black church. He doesn't talk about things he does for other places behind the scenes. He said that although he and the Mayor differ tremendously on social programs, he doesn't think it is fair for things to be said about him, because he has done an awful lot for this area. Cormmissioner Williams said that based on her experiences since she has been on the Commission, she has not seen any evidence that any of the present Commissioners make any decisions based on race; therefore she can't reach the conclusion that Ordinance No. 3502 was based on race. Although she and Mayor Dale disagree on some things, they agree on others and Mayor Dale has been supportive of 99% of the initiatives that she has brought forward. Further, people have misinterpreted what the ordinance is about and that although she and the Mayor differ in their philosophical beliefs, she doesn't think he is a racist in any way: She supports Ordinance No. 3502 in terms of its basic principle, however, she has concerns about churches, day care centers, and senior citizen homes being included in the ordinance. She said the Mayor' s main focus is that there doesn't need to be social services concentrated in this particular area. Ms. Metts said that all of the remarks were not directed at Mayor Dale. Commissioner Williams said she has spoken with individuals who have not all been from low income areas or are black; there is an inaccurate perception and she wants to have a forum to clarify those perceptions, especially the way people think the Mayor feels. Commissioner Lessard said it is disgusting that racism and racial tension have been interjected into this argument. He said Ms. Metts' building was placed in the Historic District because it is a historically contributing structure, not because of racism. He has to live in the district which he represents and doesn't feel there is a conflict of interest because he owns property in the Historic District. He is not a developer, but a re-developer, and maintains a quality of life for the people who live in the property he owns. Further, he finds it difficult for the City to defend itself against ,the suit by citizens of the City and will vote against the Resolution. Mayor Dale said it is disgusting that racism would be incited into a decision of planning. He was raised on a dairy farm in a poor environment which is a far cry from a southem plantation and he resents that Ms. Metts would tie the ordinance to STORM and tearing houses down. Seminole County just bought a low income housing project in the City of Sanford and is going to tear it down, but because he nor Commissioner Lessard is not leading the fray, there hasn't been one peep out of anyone about displacing the people of Shenandoah Village. He asked Ms. Metts where her indignation is regarding the displacement of those people from their homes and stated that Ms. Metts is not really interested in displacing those people, but is interested in hurting him and other Commissioners who may not agree with her about trying to make decisions for good planning. He said it is disgusting that race would be incited and brought into her dimensional variance issue which to this point E718672 MINUTES City Commission, Sanford, Florida7:O0 P.M. REGULAR MRF..TTNC~ .TANIJAWV 245 '~ o t~-2,o-oo n, mmm has been successful. Linda Kuhn, 3 13 Palmetto Avenue, said she was the rounding member and worked for ten years to open Safe House of Seminole. She obtained property in Sanford but made sure that it was zoned properly and that it would not adversely impact anyone within its location; Ms. Metts should have researched the property prior to obtaining and renovating the building. Assistant Attorney Reisehmann dadfled that if the City admits the allegations of the Complaint then it won't go to court. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye Authorize Staff to proceed in discussions with Ms. Metts retardin~ possible settlement and involvement in defendin~ future law suit re: 407 W. 4th Street. On recommendation of the City Manager, Commissioner McClanahan moved to authorize Staff to proceed in discussions with Ms. Melts regarding possible settlement and involvement in defending the future law suit. Seconded by Commissioner Vfilliams. Assistant City Attorney Reischmann said involvement in defending the future law suit means that Ms. Metts would defend the suit. The City would immediately proceed with mediation and reassess its position if she did not agree to take over the defense or to settle. In response to Commissioner Lessard's question regarding an Executive Session to discuss the suit, Attomey Reischmann said suit will have to be filed within thirty days from today' s date, and once suit is filed there can be an Executive Session. Mayor Dale said he would prefer to have an Executive Session prior to proceeding with discussion with Ms. Melts. Doreen Freeman, 705 Mellonville Avenue, asked for clarification as to whether or not the City will defend the suit or will Ms. Melts. Mayor Dale said the motion is to authorize Staff to proceed in discussions with Ms. Melts regarding possible settlement and involvement in defending the future lawsuit. Commissioner McClanahan said it doesn't involve a commitment at this point. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye The Commission concurred to have an Executive Session as soon as the lawsuit is filed. Board appointments/reappointment. Nuisance Abatement Board. The City Clerk reported there is a vacancy on the Board due to the resignation of Sue Walther. Commissioner Lessard moved to appoint and carried by vote of the Commission as follows: Carol L. Ward to the Board. Seconded by Commissioner Eckstein Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Seminole County Expressway Authority. The City Clerk reported the term of the municipal position held by 246 E718672 MINUTES City Commission, Sanford, Florida 7: 00 P.M. REGULAR MEETING JANUARY 10 Oviedo Councilman Thomas Hagood on the Seminole County Expressway Authority is expiring. On recommendation of CALNO, Commissioner Eckstein moved to endorse the reappointment of Councilman Hago0d: to the Seminole County Expressway Authority. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Consent Agenda. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner MeClanahan Aye On recommendation of the City Manager, Commissioner McClanahan moved. as follows: Authorize execution of AT&T Memorandum of Lease; Consent, Non-Disturbance and Attornment Agreement; and Option and Lease Agreement with AT&T to place an additional antenna on an existing APT monopole at Derby Park. Approve proposal from Ardaman & Associates, Inc. for a groundwater monitoring program of Art Lane Landfill, for an estimated amount of $12,420. Approve street closure of Seminole Boulevard between Sanford Avenue and San Juan from 4:00 P.M. April 28, 2000 until 7:00 P.M. April 29, 2000 for WHTQ Fishing Derby special event, contingent upon Staff requirements being met; and approve sale of beer from 11:00 A.M. to 5:00 P.M. on April 29, 2000, with appropriate Police staffing; and approve use of Lake Carolla to hold the youth portion of the event. Approve correction to minutes of September 2, 1999 Joint Work Session with the Planning & Zoning Commission to reflect the absence of Planning & Zoning Commission member James Valerino. Approve Change Order #3 with Weller Pool Constructors, Inc. for Sanford/Seminole Pool Complex in the amount of $28,572.00, to be paid from the Pool Contingency Fund. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Add-on item. Commissioner Lessard moved to remove Condition #4, recorded in ORB 2368, page 947, re: Mr. Jack Travis' property located at 606 Park Avenue. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: City Attorney's Report. No report. City Cierk's Report. No report. City Manager's Report. No report. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner MeClanahan Aye 2000 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING JANUARY City. Commissioners' Reports. Commissioner Eckstein - No report. Commissioner Williams - Requested a public forum regarding Ordinance No. 3502. Mayor Dale reported a public hearing is a public forum. Commissioner Lessard - Concurred with Commissioner Williams. Commissioner MeClanahan - No report. Mayor Dale - No report. There being no further business, the meeting was adjourned. Mayor ~~~ 247 10 Xlg) 2000 Attest: cp