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012400 ws/rm min.248 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION January 24 1~)2000 The City Commission of the City of Sanford, Florida met in Work Session on Monday, January 24, 2000, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hail, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner A. A. McClanahan City Manager Tony VanDerworp City CIerk Janet R. Dougherty Absent: Commissioner Velma H. Willjams City Attorney William L. Colbert The Chairman called the meeting to order. Economic development incentive for American LaFrance. City Manager VanDerworp reported at tonight's meeting the Commission wiIl vote on a Resolution for a 50% match of County funds and waiver of building permit and Plans Review fees for economic development incentive in support of American LaFrance. (Commissioner Willjams joined the meeting.) Duke Woodson of Foley and Lardner introduced Pat Kinney and Angel Rivera, representatives from American LaFrance, and reported this would be a $1.5 million dollar expansion of the existing faciIity, and Would enable them to add I 15 employees at an average annual salary of $32,500. An additional 105 jobs should be available over the next three years. Utility Strategic Business Plan. PauI Porter of CPH, Engineers introduced Rob Ori, President, and Tony Hairston of the Public Resources Management Group. They worked, together with a committee, on the Utility Strategic Business Plan for the City. Mr. Porter gave a brief presentation on what was included in the Business Plan, as well as providing the Commissioners with an outline. Mr. Porter's presentation included intbrmation on the major objectives; the Advisory Committee, consisting of the Mayor, the City Manager, the Utility Director, the Finance Director and the Project Administrator; the general approach; the Capital Improvements Plan; programmed expenditures ($55.9); funding sources ($55.9); the City's current ~nanciaI position; a financiaI model; what a healthy system is contingent upon; a score card for the City; issues and strategies; and an Action Plan. Mr. Ori reported on the City's current financial position. Pav plan and DMG salary survev. City Manager VanDerworp reported that in 1997 the City Commission embarked on a methodology to keep the City's salaries competitive in the marketplace. This year 57% of the employees in the City were included in the review and 33 positions were found to be below market and requiring an upgrade. The positions which were not reviewed this year will be reviewed starting immediately, through an in-house process. Mayor Dale reported that the City Manager, the City CIerk, and the Commission Liaison will be direct employees of the City Commission. The City Manager proposed that the Administrative Aide title be changed to Commission Liaison and the position be provided with more responsibilities and an increase in saIary. These responsibiIities include special projects required as a result of legislative programs, law suits, and coordination with different agencies. What is needed is someone who can perform those special projects, do research, pulI the department directors together and write reports. No job description is available, but the City Manager has reviewed job descriptions in E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION January 249 24 19 2000 other areas, and what special projects the City would have, and has compiled a list of the kinds of things a person at that level could handle. A lot of this would be a communications role, and the rest would be research and the availability to write and to pull departments together. Commissioner Lessard asked for the support of the Commission to look at the saIaries of the sworn police officers and the combat personnel in the fire department because these public safety employees perform much more difficult tasks than the employees in the offices and departments that are included in the regional studies. Mayor Dale reported he felt the public safety employees were being paid equitably and fairly. Commissioner Lessard reported that his concern was that the methodology by which these employees are being reviewed is not fair. He feels Sanford's pubIic service employees are performing many more tasks than departments that they are being compared against. City Manager VanDerworp reported he has asked the Fire Chief to do a department evaluation that would report the number ofcalls, type of calls, etc. Commissioner Eckstein reported there is a backlog of people who want to be policemen or tiremen in Sanford, there is no shortage of suppIy ofpersonneI. The reason the utility department pays more is because they have a problem finding employees. City Manager VanDerworp reported the Ordinance to adopt the new Classification and Pay PIan wilI be considered for first reading at tonight's meeting, and if any changes need to be made they can be made before the second reading. Civil Service Board Rules and Regulations. Diane Crews, Administrative Aide, distributed copies of the proposed revisions to the CiviI Service Rules and Regulations and the Personnel Rules and Regulations. The City Manager and the Human Resources Director are proposing that the two documents be consolidated and revisions made as necessary for a finaI product of one document, a Human Resources Manual. The redlined items in the documents are things that should be in the documents that were not, and the crossed-out items are redundancies or items that should not be included. City Manager VanDerworp recommended that Commissioners review this proposed document and consider it at one more meeting, and then send it to the Civil Service Board for review. Ms. Crews reported there were some additionaI areas of concern, specificalIy with Ordinance 3428. Section 2319 calls for a Civil Service Board Office in City Hall, and there is not a Civil Service Board office in City Hail, and she doesn't know if there ever was one, but we do not have one now. Also, the Ordinance states all appointments are to be made from certified applicants to be recommended by the Civil Service Board, and when it says appointments it is talking about hiring aII employees, but the CiviI Service Board does not make recommendations on who is hired, or certify the applications. This is another thing in the Ordinance that is not done, and the Commission needs to decide if they want to leave it in the Ordinance or take it out, because it is not reflecting reality. In the next section of the Ordinance regarding appointments, it states the City Commission appoints the police and fire chiefs, and the City Clerk, but the police and fire chiefs need to be deleted, and the City Manager and Commission Liaison need to be added. FinaIIy, there is a section that establishes the right of a department head to adopt rules and regulations for their individual department, but it does not say that those department rules and regulations should be subject to the approval of the City Manager or the City Commission. The thought is that there should be some oversight of those department rules and regulations. Another concern was the responsibility for the CiviI Service Board, because they are doing: some thin~s now 250 E718~72 City MINUTES Commission, Sanford, Florida 3:30 P.M. WORK SESSION January 24 192000 that are not authorized by the Ordinance, such as making recommendations on position descriptions. The actual role of the Civil Service Board needs to be evaluated and a decision made whether to go strictly by the Ordinance or expand their responsibilities to include things such as this. In the PersonneI Rules and Regulations there were seve-raI concerns, one of which .was the tardiness policy. Right now, the policy is that an employee may be tardy once a month, which is fairly lenient. Also, no one in the City may write a letter of recommendation for a person who leaves the employ of the City. City Clerk Janet Dougherty reported at the time that policy was established it was felt that if a City employee wrote a letter recommending a former employee, and a new employer hired them and the former City employee was found to have some fault that the City should have known about, the new employer could claim he relied on the letter of recommendation from that City employee to hire the former employee, and the City could be held liable. Ms. Crews reported that an employee is on probation for one year, even though you are allowed a hearing in a disciplinary case, before a hearing officer, after six months, but not before the CiviI Service Board. Mayor DaIe reported he felt the City should have a time clock for hourly employees. The City Manager reported the supervisors track their employees time, when they come and go, and the employees and supervisors sign the time sheets. Conditional Use Ordinance. Jay Marder, Director of Engineering and Planning, reported he and Commissioner WilIiams have met with several Social Service agencies and discussed the revisions to the Conditional Use Changes to Land Development Regulations. (Commissioner McClanahan left the meeting briefly and retumed.) He further reported this Ordinance relates to various zoning districts throughout the entire City. Churches in most of the zoning districts, even in residential zones, are Conditional Uses, and are excluded from Community Resource Services. A lengthy discussion ensued regarding bail bond establishments and, specifically, pawn shops being included in this proposed Ordinance. Mayor Dale reported he asked them to be included because they encourage iIIegal activities and degrade neighborhoods. Commissioner McClanahan and Commissioner Willjams reported there hasn't been a problem with these establishments in the past, and they didn't feeI it was necessary to include them in the Ordinance. Mr. Marder reported this wilI only impact new businesses, not existing businesses, and there are plenty of areas where they can do business so it will not restrict anyone from opening a business of this type. AIso, there was some concern about churches being grandfathered in as far as serving meals, child care facilities or residential care. City Manager VanDerworp reported the word "occasional" needs to be defined and clarified in the Ordinance regarding these functions. (Commissioner Eckstein left the meeting briefly and returned.) City Manager VanDerworp distributed copies of a Position Statement and reported it is to cIarify the City's intent in having the regulations because there has been much misinformation and opinions regarding the Ordinance, and to provide a description of neighborhood providers, agency offices .and regional providers. Commissioner Williams reported there still needs to be provisions for "One Stop', social service areas. City Manager VanDerworp reported the language could be changed to ensure agencies are also encouraged to locate in areas where offices are permitted, and define service providers in regard to concentrated uses in any area. (Mayor Dale left the meeting briefly and retumed.) (Commissioner E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION 251 January 24 19 2000 McClanahan left the meeting briefly and returned.) The City Manager reported the Commission will consider this Ordinance on first reading at tonight's meeting. Regular Agenda items. Add-on items. and other items. Mayor Dale reported the Commission had previously decided that adjacent property owners within 300 feet would be notified of Comprehensive Plan changes, and this is not being done. This policy needs to be followed. City Manager's briefing. A. First Union Loan Commitment for Stadium Renovations. Donna Watt, Finance Director, reported there are still a couple of issues regarding the letter of commitment for a loan and a couple of options regarding rates which are being considered. The City requested the loan be structured up to a maximum of $1.75 million, and the City would draw the money as needed, and would only make the loan for the amount needed (contingent on grant monies, etc. which may be received). A commitment should be ready next week, and will be brought to the Commission in two weeks. B. Discussion of Fee Schedule for Sanford Seminole Community Pool. Mike Kirby, Recreation and Parks Director, distributed a copy of rates for municipal pools in surrounding cities, and explained they would like to keep the rates affordable for the citizens of Sanford, but stiIl recoup some of the operating costs. Tony Ackerson, Pool Supervisor, proposed charging $2.00 a day during the week, and $3.00 a day during the weekend. (Mayor Dale left the meeting briefly and returned.) After a lengthy discussion the consensus of the Commission was to charge $1.00 a day for children and $3.00 a day for adults. Mr. Ackerson reported swim lessons for the summer would be similar to the City of Orlando's, which is $20.00 for a two week session. He also proposed, if the Commission is interested in annual passes, a rate of $80 for an annual pass, or $30.00 for a three month seasonal pass is a reasonable fee. After extensive discussion it was decided that $1.00 a day for children and $3.00 a day for adults, with rates subject to change, would be the best. A Resolution will be prepared for the next meeting on the fees. C. Discussion of conditional release of Code Enforcement lien regarding the old gas station property at Park Avenue and 13th Street. City'Manager VanDerworp recommended to forgive a large portion of the lien if the property owner gets rid of the gas tanks, gets a notice of no further action from EPA and cleans up the site to make it buildable. There is about $70,000 in accumulated liens on this property, and the work would cost about $40,000 or $50,000. The current owner of the property reported he has entered into a contract for the sale of the property, but the buyer refuses to take the property subject to the liens. Mayor Dale reported the liens would be released when the property is cleaned up and approved by the EPA. The owner reported any sale of the property cannot take place with the liens on the property. Mayor Dale reported the City could not release the liens and then have the new owner not clean it up. The owner reported he understood the City's position, but the liens were for Code Enforcement, and those infractions have been resolved and cleaned up. Mayor Dale reported the City would be willing to release the liens only if the property is restored as a private service that is a benefit to the community, and unless it is cleaned up that is not going to 252 E718672 City MINUTES Commission, Sanford, Florida 3:30 P.M. WORK SESSION January 24 19.2000 happen. The potential buyer of the property reported he would not be spending all of this money . just to walk away from the property. The Mayor asked if the potential buyer would be willing to set up an escrow and draw against it to do the clean-up, based on the City's inspections and acceptance. The potential buyer agreed to meet with the City Manager to work out the details of this arrangement. The Commission will vote tonight to release the liens subject to the City Manager's approval to meet and make arrangements for an escrow account. There being no further business, the meeting was adjourned. Attest: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 253 24 1920O0 The City Commission of the City of Sanford, Florida met in Regular Meeting on January 24, 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. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Presentation. Mayor David Mealor, Mayor of the City of Lake Mary and member of the Board of Directors of the American Cancer Society (Seminole Unit), reported the American Cancer Society's "Relay for Life" event will be held at Lake Mary High School on Friday, March 31 and Saturday, April 1, 2000. He asked the City of Sanford to enter a team or two in the "Relay for Life" with a registration fee of $ 1 00.00 per team. He reported teams cotrid consist of 10 to 15 people, or even as many as 25. He supplied information packets to the Mayor and City Manager, and presented a placard to the Mayor. Citizen participation. Re: 1219 Park Avenue: A man asked that a Code Enforcement lien be waived on the property subject to Environmental Phase H completion. The Mayor reported that $70,000 in liens have accumulated on this property, and the owner obtained title to this property through the purchase of a tax certificate which has been converted to a deed through a forced sale. He now has a buyer, and Staff has recommended the City waive the liens conditioned upon the owner doing the environmental clean-up to the satisfaction of FDEP, so the property can be a productive property and a service to the commtmity. At the Work Session the consensus was for the owner to clean up the property and the City would then release the liens, or the owner to escrow the funds for clean up subject to City inspections, and the City would .release the liens subject to the escrow. The City Attomey reported the City could either waive the liens and have something that guarantees the clean up, or go on record that once the clean up is done the liens will be waived. Commissioner Lessard moved to issue the owner a letter saying that the City will waive the lien upon the satisfaction of the City Manager that the property has met with FDEP approval of the clean up. 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 Jean Metts reported she attended a Commission Meeting on January 10, 2000 and made statements that were offensive to some of the Commission. She reported it is not her nature to offend by word or deed, and she respectfully apologized and asked forgiveness for anything that was offensive. She further thanked Commissioner Willjams and Jay Marder for coming to Seminole Volunteer Enterprises to answer questions and concerns of agency representatives regarding Ordinance No. 3502. Mayor Dale accepted Ms. Metts' apology on his own behalf and on behalf of the Commission. 254 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 24 19 2000 Millard Hunt, 801 East Second Street, reported he felt compelled to support Jean Metts and her endeavor. Although he cringed at some of the things Ms. Metts said two weeks ago, he feels it was a good thing to talk about those things. Ms. Metts only mentioned race in context with race and poverty, and race and economics. Mr. Hunt read the definition of racism from Webster' s Collegiate Dictionary as "a belief that racial differences produce an inherent superiority of a particular race". Mr. Hunt quoted Thomas Jefferson, and Abraham Lincoln regarding his views on giving each man an equal chance, which was the sentiment embodied in the Declaration of Independence; and he also read an excerpt from the Preamble to the Constitution of the United States. Mr. Hunt reported four things which have been engendered and/or supported by Mayor Dale and Commissioner Lessard, namely, Mayor Dale opposed the weatherization and emergency heat program and wanted to move it somewhere else; on the public housing issue the conclusion of the Department of Housing and Urban Development was that the local citizens affected were not given sufficient input into the process of tearing down their present housing and producing others; regarding Jean Metts' restaurant, Mayor Dale and Commissioner Lessard voted against the variance, and then were reluctant for the City to defend the majority decision; and Ordinance 3502, which will be discussed later. The important thing is the perception, and Mr. Hunt's perception is that the citizens of Sanford are not being thought of and given an equal shake. He is not referring to Commissioners Eckstein, Willjams and McClanahan, but to the other two Commissioners. Race was also brought up during the discussion of the referendum on Fort Mellon Park. With regard to the citizens in the historic district, it sounds like they have declared a class war or a cultural war, and he will join the battle in opposition, but his question, is does it need to come to this? Mayor Dale reported that Mr. Hunt made some references to race at the June 10 celebration at Midway. Mr. Hunt reported that it was reported by two City officials that at that time Mr. Hunt had called the Mayor a racist, but that was not true. When Mr. Hunt was told of the allegation by a member of the press he produced a verbatim transcript from a video tape of his remarks and presented copies to all of the members of the Commission, as well as the Attorney. He did not call Mayor Dale a racist, and his remarks at that time simply talked about the history of racism in the country, and the fact that we needed to move on. Mayor Dale reported he believes the comments of people that were in attendance at the celebration that the remark was made by Mr. Hunt. Commissioner Williams reported she did not inform Mayor Dale, or anyone else, that Mr. Hunt had made a racial statement, it was someone from the Sheriffs Department that informed the Mayor, however, she did confirm what she heard at that particular festivity, along with Commissioner Lessard and Mr. Rowe. Diane Newton, 605 Magnolia Avenue, reported she was at the January 10 meeting, and Ms. Metts not only made racial innuendos about the Commission, but she did it to members of the historic district as well. Ms. Metts does not know Ms. Newton, she has never met her, but now Ms. Metts has apologized to the Commission, but to her she has said mean, evil and hurtful things, and to just say "oops, I made a mistake" is hurtful. Mr. Hunt was bearing false witness against people, never having met the people in the historic district, and she don't like it. Approval of minutes. Commissioner Lessard moved to approve the minutes of the City Commission January 10, 2000 Work Session; and January 10, 2000 Regular Meeting. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 255 24 192000 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public Hearing and first reading of Ordinance No. 3502 to amend Land Development Regulations related to Conditional Uses with various Zoning Districts. Ad published January 16, 2000. Ordinance No. 3502 was read by title. The Mayor reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3502. Jay Marder, Director of Engineering and Planning, reported this Ordinance deals with a number of uses that would be conditional in various zoning districts, primarily the commercial zones throughout the city; GC-2, General Commercial, and SC-3, Special Commercial, with the downtown area zoning being SC-3. Mr. Marder recommended the Community Resource definition be changed slightly to state it excludes churches when a church is the principle use. He reported the uses to be regulated include: a Community Resource Facility, which is a definition of certain very limited uses including meals for not-for-profit purposes and food and commodities distribution, and certain very limited community residential type facilities that would involve housing of persons that have been involved in criminal activity, drug/alcohol or substance abuse activity. Also, temporary day labor services would be regulated in the Commercial Zones as well as several others~ day care facilities for six or more individuals within the Special Commercial Zone, and are already conditional in all the Single Family and most of the Multiple Family Zones; residential care facilities of fifteen or more residents in the SC-3 Zone; non-commercial amusement facility outdoor will be changed from permitted to conditional use; churches changed from permitted to conditional use, just within the SC-3 (churches are conditional uses in almost all of the city's zoning districts including Residential, Agricultural, Multiple Family, etc.); retail sales and services; outdoor display of new merchandise (used merchandise is conditional in the SC-3 zone); community resource facilities; and pawn shops and bail bonds in the Commercial and Industrial zones (regulated by several communities because of certain characteristics endemic in those facilities). The Planning and Zoning Commission considered this Ordinance and recommended that day care for one to five persons be considered for regulation, but Staff did not recommend that and it is not proposed in this Regulation. The Planning and Zoning Commission recommended hospitals and medical clinics be a conditional use, which the Staff generally agrees with. Hotels and motels in the SC-3 Zone as a conditional use is not recommended. Staff clarified some concerns of the Planning and Zoning Commission with regard to funeral homes and crematoriums so they would not change in the way they are permitted. The Planning and Zoning Commission recommended a slight modification to the definition of temporary day labor services to ensure the definition reflected a pay at the job site wording, and this was done. Under the compatibility standards for community resource facilities, the Planning and Zoning Commission recommended, and Staff agreed, that the application of community resource facilities would require a development plan, rather than making that optional. City Manager VanDenvorp reviewed the proposed City Position Statement reporting this Position Statement has been drafted in an effort to clarify the Commission's position on meeting the current needs of the residents and developing long term strategies forprosperity. He read as follows: The City of Sanford is committed to meeting the needs of all our residents, regardless of race, gender or income level. With 16.3% of our residents living at or below the poverty 256 E718~7~ City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING. January 24 19.2ooo level, the City recognizes the need to provide a balance of social services to meet the current needs of our residents. The City also recognizes the need to develop broader strategies to promote job opportunities and long term prosperity for our residents. Therefore, the City has adopted the following positions to meet our short and long term needs: Position No. 1 -- Meeting the Current Needs of Our Residents. The City Commission recognizes the need for social service agencies to provide programs to meet the needs of our residents and encourages the following types of service providers: Agency Offices, Neighborhood Service Providers, Regional Providers, and those providers with Locational Considerations. Position No. 2 -- Meeting the Long Term Strategies for Prosperity. The City Commission also recognizes the need to develop long term strategies to provide every resident with an opportunity to succeed in life. Therefore, the City has identified several programs in its Strategic Plan to provide our residents with an opportunity to succeed: No. 1 -- Promoting job opportunities through growth planning. No. 2 -- Taking an active role in training residents for careers in law enforcement, fire rescue and public works. No. 3 ---Working with the Public School System and Community college to develop career academics and high tech training centers. No. 4 -- Promoting entrepreneurs through the Neighborhood Master Planning, small business incubators and small business training and assistance programs. Mr. VanDerworp further reported this Position Statement ends with a quote from the City of Sanford Strategic Plan, 1999, as follows: "We need a common vision and an unwavering commitment on the part of government, business, residents, and our educators to become THE MOST SUCCESSFUL CITY IN THE WORLD!" Mayor Dale asked if an agency office would be allowed in any zoning that allows offices now, whether they be social service agency offices or community service providers. City Manager VanDerworp replied "yes". Mayor Dale further reported regarding Neighborhood Service Providers that the City encourages social service agencies that address the needs of particular neighborhoods to locate within the neighborhood being served (Harbor House, Boys and Girls Club) when they are located within walking distance. Regarding Regional Providers the City encourages social service agencies that render services to the broader region to locate in areas that will not adversely impact sun'ounding homes and businesses, and that is where the recommended conditional use is coming into effect. The Locational Considerations is that the City does not concentrate non-office uses in any one area in order to protect the existing character of the area and maintain the integrity of the neighborhood. Mayor Dale reported the Staff recommendation was for the Commission to approve Ordinance No. 3502 with the changes that were recommended by the Planning ,& Zqping Commission, with the exception of hotels and motels, and day care facilities less than six. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 257 January 24 1920nn Commissioner Willjams asked if social service agencies such as Social Security, IRS, Employment Office, the WIC Office, AFDC and those kinds of offices are not affected by this Ordinance. Mr. Marder confirmed that was true. Steven Myers, 718 Oak Avenue, reported a lot of people don't understand that this Ordinance may regulate things, but it will not prohibit them from existing or doing business. Once this is enacted Sanford will be a better City and everybody will benefit. This Ordinance is a good starting place. Joe Desant/s, 714 South Magnolia Avenue, reported this proposed legislation is logical and thoughttiff, and has been constructed with compassion and common sense. The hysterical claims that the Ordinance was designed to drive the poor and needy out of Sanford are nothing short of self-serving demagoguery. There is not one word of the proposed legislation that would force any social service agency, or currently unregulated type of business, out of Sanford. There is not one word that would preclude any new social service agency or previously tinregulated business from setting up shop in Sanford. What it does address is the future of all of Sanford's residents in all of Sanford's various neighborhoods. It simply asks that social service agencies and other previously unregulated business enterprises adhere to the same Land Development Regulation, Zoning Laws, and Code Enforcement that every other Sanford property and business owner has to abide by. There appears to be some prevailing mind set among some directors of social service agencies or not-for- profit organizations that they should be given free and unregulated access to the resources of the City, while the rest of the people are forced to operate under a different set of rules. The Ordinance does make an attempt to ensure that there is not a clustering of any single type~ of business operation in a condensed geographical concentration; that approach is logical and thoughtful, and speaks with both compassion and common sense. There are sound reasons why the Seminole County School Board does not build its schools stacked next to each other on main arteries like 434 and 17-92. There is rational marketing research that dictates McDonald's does not build 25 golden arches stacked next to each other like dominoes. - There are reasons that sections of Orange County, like Parramore Avenue and the South Orange Blossom Trail have the ugly but well deserved reputations that they have, because thirty years ago their City Fathers lacked any vision or wisdom about the future of those particular areas. A few, but vocal, opponents of this Ordinance have tried to sway public opinion by making the Ordinance specific to Sanford's historic d/strict, again an untruth perpetuated by self-serving interests and hidden agendas. The Ordinance addresses all of Sanford's residents in all of Sanford's neighborhoods. It is by no means exclusive to the historic district. Mr. Desands reported the apology tonight was half-hearted and left-handed and it won't soon be forgotten or forgiven by those persons living in the historic district. The historic district is made up of culturally diversified residents, and they struggle with everyday problems like everyone else, which does not resemble the vestiges of former plantation owners living off "Daddy's Trust Fund money", which the historic district residents have been made out to be. Everyone in Sanford, regardless of the color of their sldn or their position on the socioeconomic ladder, wants good schools for the children, safe neighborhoods they can call home, and a City that reflects opportunities for all. They want to be comforted and assured that the City Commission' s decisions are fair, equitable and consistent. When the Commission makes arbitrary and capricious decisions that benefit one organization at the expense of others, it is creating an air of suspicion and an atmosphere of mistrust. Ordinance No. 3502 is not about race. It is not about the rich or poor, or the haves or have nots. It is about the Commission's abiIity to take everyone's collective and mutually inclusive hopes, plans, dreams, goals and aspirations for Sanford into consideration, for today, tomorrow, and for the years to come. 258 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 24 19 2000 A lady who identified herself as a Public Housing tenant and a member of S.T.O.R.M. reported she has worked at whatever she needed to do to support her family and take care of her ailing mother. The Mayor does not want too many social service agencies in the downtown area, because he thinks there are too many poor folks already. Ordinance 3502 means progress, and development cannot occur if low income people remain in Sanford. Taking away the potential for political correctness, Ordinance 3502 means too many low income people will hurt the City's pocketbook. At one time the "powers that be" wanted new industry in Sanford because they didn't want anyone to take away the cheap sources of labor. The City has taken the low income residents' jobs away, and now it and the Sanford Housing Authority want to destroy their homes. Ordinance No. 3502 wants to deprive them of their social service agencies, and wants to get rid of poor folks. If the City cared about poor folks, why doesn't it use money to build more public housing for low income people, and more affordable housing all over Sanford. To tell it like it is, the City thinks poor folks are bad for business, and all it has to do is follow the money. Sanford needs good govemment, not government that is limited to chasing developers and chasing away the needy, which is what Ordinance 3502 will do if it is passed. A1 Cole, the Priest of the Holy Cross Episcopal Church in Sanford, reported on page A-3 of Schedule A - Land Use Classifications, under Community Resource Facility, it states, "Facilities that provide temporary accommodations generally for nobfor-profit social service purposes;" and he asked if the intent was regarding a landlord who rents or gives free use of a facility. Also, in that same paragraph it states, "Care facilities that serve persons who are otherwise undergoing rehabilitation from alcohol, drug or other substance abuse or other criminal activities;" and Father Cole asked for clarity on the definition of "Care facility" and "serve". Mayor Dale reported that the sentence before refers to residential care facilities, and that is intended in this statement also. Father Cole reported for clarity it should state Residential care facility. He also asked if churches were being counted amongst those community resource facilities that are considered when counting off 1500 feet between facilities, or are governmental agencies included7 If churches are not included he would like it stated in this section as a matter of definition. Father Cole reported on Page 3 of Ordinance No. 3502 it would be nice to put the exclusion of churches in the part referring to the 1500 foot separation. If a governmental agency counts, that presents another problem. Father Cole reported there has been a lot of concern over public parking, but there is already a major problem with parking in the downtown area of Sanford. There are over thirty ground level businesses, the State Attorney's Office, County Library, a major bank and the Supervisor of Elections in a four block area trying to survive with a little over eighty parking spaces. The parking spreads out into the neighborhoods because it has no where else to go. If the downtown historic district is going to survive, there needs to be parking area adjacent to it. His major concern was whether the adequate off-street parking and traffic circulation section of Ordinance No. 3502 was to be for all new businesses that opened in Sanford, or just those in the downtown and historic district. Mayor Dale assured him it would be for all new businesses in all areas of Sanford. Jay Marder, Director of Engineering and Planning, reported the intent of the temporary accommodations was to consider facilities that would generally be known as homeless shelters, and other similar types of facilities that are for temporary and usually not-for-profit agencies. This speaks of accommodations for persons, not for social service agencies. Mr. Marder reported that churches are not included in the community resource facilities that are required to have 1500 feet between facilities, but a governmental agency such as a jail would be. He reported it doesn't matter if the facility is owned by a church or a governmental entity, if it qualifies as a community resource facility, then it would count. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 259 24 192000 Mr. Marder reported that these regulations are for everybody, and government (the City) has to comply with its own zoning regulations. Evelyn Davis, 64 Lake Monroe Terrace, President of the Lake Monroe Terrace Residents' Council and the Treasurer of SHARK, reported she is incensed and extremely disappointed in Sanford's representation and leadership because there are people who live in this residential district who are very progressive. They are not just poor people, they work very hard to become independent and self-sufficient, and they have families who need their residence and shelter. She is upset with the way that the process of HOPE VI has been handled, or mishandled, and how they have been misrepresented. She reported it has been said that Timothy D. Hudson, Executive Director of the Sanford Housing Authority, has consulted with the Resident Council on this issue, and he has not consulted with them. Mr. Hudson has worked very hard to thwart the reestablishment of their Resident Council, and he did it covertly and intentionally. He reapplied for an interim application for HOPE VI, and stated that there was no Resident Council reestablished at that time, simply because (and they have proof) he did everything he could to thwart that effort as they worked very hard to establish a Resident Council. Ordinance 3502 will limit and take away their social resources, which are the springs which people like herself tap into in order to become self-sufficient and independent of social agencies like AFDC and food stamps. There are people living within the Sanford Housing Authority who are very serious about becoming independent. They can take their neighborhood and bring back hope to the community and self-pride, and put the monies back into that community to rebuild it as opposed to tearing it down. She asked what happened to $1.5 million that was given to Mr. Hudson to reconstruct. She reported that she has worked very hard to have an inheritance (and a business) to give her children and her grandchildren, and asked that the Commission not look at them as insignificant entities that can just be kicked under the rug as not being serious about their future. When you love something you build it or rebuild it, you don't tear it down and scatter people to the wind like so much trash. These people don't know where they are going or what they are going to do. Sanford is like a segregated town, and now 170 low income families will be saturating the community, the private sector, and they don't even know if they will be accepted into the private sector. This is an important concern worth the Commission's consideration. Millard Hunt, 801 East Second Street, reported he feels Joe Desantis owes an apology to some of them, just as Jean Metis may have owed one to the Commission and historic district members. Regarding Ordinance 3502, he would like to have a copy of the City Manager's Position Statement. (Mayor Dale offered him a copy.) Also, the 1500 feet has lead to the perception that it is an attempt to keep agencies (new agencies and expanded agencies) out of the downtown area. He is quite sure that's why some people support the Ordinance, but the 1500 feet seems excessive to him and he requests that the Commission take another look at it, because that is a lot of space. Also, Ordinance No. 3502, if passed as written, imposes a potential undue burden on non-profit organizations. If a new agency wants to locate here, and there is any community opposition at all, the agency will have to hire a lawyer or an expert planner to make a presentation to the Planning and Zoning Board and to the City Commission. There ought to be some consideration given to not putting this kind of a financial burden on non-profit organizations, that generally do not have any, or very limited, budget for such activity. Mayor Dale closed the public hearing. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3502, entitled: 260 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 24 19.2000," AN ORDINANCE OF THE CITY OI/SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; SAID AMENDMENTS INCLUDE CHANGING SCHEDULE A, LAND USE DEFINITIONS, PROVIDING FOR DEFINITIONS OF COMMUNITY RESOURCE FACILITY, TEMPORARY/DAY LABOR SERVICES, PAWN SHOP, BAIL BOND; CHANGING SCHEDULE B, PERMITTED USES, PROVIDING CLASSIFICATION FOR COMMUNITY RESOURCE FACILITY, TEMPORARY/DAY LABOR SERVICES, PAWN SHOP, BAIL BOND; AND CHANGING SCHEDULE E, ADDITIONAL REQUIREMENTS AND PROVISIONS FOR STANDARDS FOR COMMUNITY RESOURCE FACILITY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. subject to staff recommendations as discussed at this meeting. Seconded by Commissioner Eckstein. Commissioner Eckstein reported there is some healing in this Ordinance as it does allow the City Commission to be able to waive the 1500 feet allowance, etc., and the City Commission, and he, try to use good judgement that would be compatible to neighborhoods. Also, it applies to all neighborhoods. The people in the historic district feel abandoned by the City Commission, but two of them worked behind the scenes to develop codes that have had a positive impact. People moving into the Sanford area are looking for sound planning and zoning. The City Commission can always make exception if it feels it is in the best interest of the citizens or neighborhoods. Commissioner Willjams reported she supports this Ordinance in terms of its basic premise, but she did have some concerns which have been addressed by the Staff. She wanted to make sure she is interpreting the regulations and requirements correctly as follows: 1. Is it correct that the Seminole Volunteer/Jean Metts facility will not be affected by this City Ordinance? Jay Marder reported that is correct. 2. If this particular Ordinance is passed, it will not prohibit or prevent community services facilities from locating in the city limits. Mr Marder reported that is correct. 3. This Ordinance does regulate where community services facilities may locate within the city limits. Mr. Marder reported that is correct. 4. The churches are grandfathered in that are in the SC-3 area. Mr. Marder reported that is true. 5. The churches on the west, east, north (other than SC-3) and south parts of town are also grandfathered in. Mr. Marder reported that is correct. 6. Social service offices, or those offices that provide assistance for affordable housing, social security, AFDC, etc., are not even included in this Ordinance. This Ordinance does not address those agencies. Mr. Marder reported that is correct. Commissioner Willjams reported it is incumbent upon the Commission to plan for the future growth of Sanford and to be responsible for regulations as they relate to planning and zoning. However, she is concerned about some of the requirements that the applicant will be subjected to when they come before Planning and Zoning. The regulations state that an applicant must demonstrate to the Commission how they will not be detrimental to the character of the environment of the neighborhood. She has a concern with the word detrimental, because it sounds like the odds are against the applicant from the beginning. She feels the applicant should be asked, instead, how they will enhance the City of Sanford. Mayor Dale reported that statement about detrimental is not anything unique to this particular Ordinance, it is a planning term and it is standard language in any Conditional Use Agreement. Commissioner Willjams reported you can get the same results with positive language and not make people feel the odds are against them from the beginning. City i~718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 261 24 19~nnn Manager VanDerworp reported it is a matter of syntax and options will be reviewed before the second reading of this Ordinance. The motion was carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public Hearing and second reading and adoption of Ordinance No. 3526 to annex 6.192 acres of property !yin~ between Country Club Road and CR 46A and between W. Airport Boulevard and Bevier Avenue extended southerly (2727 Country Club Road). Family Worship Center and Lou A. Best, owners. Ad published December 30, 1999 and January 6, 2000. Tabled at January 10, 2000 meeting. Mayor Dale reported the applicant has requested this Ordinance be tabled until the February 14, 2000 meeting. Commissioner McClanahan moved to table Ordinance No. 3526 until February 14, 2000. 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 McClanahan Aye Public Hearinff and second readinff and adoption of Ordinance No. 3527 to annex 28.7 acres of property lyinl~ 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. Ad published January 13, 2000. Ordinance No. 3527 was read by title. The Mayor reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3527. No one appeared. Commissioner Lessard moved to adopt Ordinance No. 3527, 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, 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 carried 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 second readinl~ and adoption of Ordinance No. 3529 to annex 5+ acres of property iyi.~,ht[ween Derby Park and Stonehedl~e Court extended westerly and between Brushcreek Drive extended southerly Oregon Avenue. Indian Trace Apartments, LC, owner. Ad published January 13, 2000. 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. No one appeared. Commissioner McClanahan moved to adopt Ordinance No. 3529, entitled: 262 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 24 19 200O AN ORDNANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WIg THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAD ORDNANCE, A PORTION 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, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 McClanahan Aye Public Hearine and first reading of Ordinance No. 3533 to amend the future land use map of the Future Land Use Plan Element of the Comprehensive Plan, and changing the designation of 85 + acres of property lying between Derby Park and Stonehedge Court extended westerly and between Brushcreek Drive extended southerly and Oregon Avenue from Low Density Residential to Medium Density Residential-10. Indian Trace Apartments, LC, owner. Ad published December 26, 1999. Ordinance No. 3533 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3533. No one appeared. Commissioner Williams moved to adopt Ordinance No. 3533, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORDA, AMENDING ORDINANCE NO. 3079 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION OF APPROXIMATELY 5+ ACRES OF PROPERTY LYING BETWEEN DERBY PARK AND STONEHEDGE COURT EXTENDED WESTERLYAND BETWEEN BRUSHCREEK DRIVE EXTENDED SOUTHERLY AND OREGON AVENUE FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL-10; 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 Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public Hearing and second reading and adoption of Ordinance No. 3530 to rezone 85-~ acres of property lying between Upsala Road extended westerly and 25th Street and between Upsala Road and Oregon 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'. subject to adoption of Ordinance No. 3533 and based on consistency with the Comprehensive Plan Future Land Use designation of MDR-10. Indian Trace Apartments, LC, owner. Ad published January 13, 2000. 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. No one appeared. Commissioner Willjams moved to adopt 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 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 263 24 192000 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 McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale- Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye CommissionerMcClanahan Aye First readine of Ordinance No. 3534 to annex a 19.08 acre portion of property lyin~ between S.R. 46 and Smith Canal Road and between Rinehart Road and EIder Road. James and Carole McCall, owners; John P. Woods, applicant. Ordinance No. 3534 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3534. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3534, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, LIPON ADOPTION OF SAID ORDINANCE, A 19.08 ACRE PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN S.R. 46 AND SMITH CANAL ROAD AND BETWEEN RINEHART ROAD AND ELDER ROAD; 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 carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams. Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public Hearing and first readine of Ordinance No. 3535 to rezone a 19.08 acre portion of property lying between S.R. 46 and Smith Canal Road and between Rinehart Road and EIder Road from AG, Agricultural to PD, Planned Development. James and Carole McCall, owners; John P. Woods, applicant. Ad published December 26, 1999. Ordinance No. 3535 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3535. No one appeared. On recommendation of the City Manager,, Commissioner Lessard moved on the first reading of Ordinance No. 3535, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMEixIDMENT TO CHANGE THE ZONING OF A 19.08 ACRE PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN STATE ROAD 46 AND SMITH CANAL ROAD AND BETWEEN RINEHART ROAD AND ELDER ROAD, FROM AG, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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 McClanahan Aye First readinl~ of Ordinance No. 3536 to annex a 7.64 acre portion of property lyin!~ between Oregon Avenue South and CR 46A and between Rinehart Road and Oregon Avenue South (4750 CR 46A). Myra S. Doudney, Trustee, owner. 264 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. RRGUI,AR MF.F. TING January 24 192-0-0-0- Ordinance No. 3536 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3536. No one appeared. On recommendation of the City Manager, Commissioner McClanahan moved on the first reading of Ordinance No. 3536, 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, A 7.64 ACRE PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN OREGON AVENUE SOUTH AND C.R. 46A AND BETWEEN RINEHART ROAD AND OREGON AVENUE SOUTH; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORDA 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 McClanahan Aye Public Hearing and first reading of Ordinance No. 3537 to rezone a 7.64 acre portion of property lying between Oregon Avenue South and CR 46A and between Rinehart Road and Orel~on Avenue South (4750 CR 46A) from A- 1, Countv to PD, Planned Development. Myra S. Doudney, Trustee, owner. Ad published December 26, 1999. Ordinance No. 3537 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3537. No one appeared. On recommendation of the City Manager, Commissioner Williams moved on the first reading of Ordinance No. 3537, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAD ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A 7.64 ACRE PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN OREGON AVENUE SOUTH AND COUNTY ROAD 46A AND BETWEEN RINEHART ROAD AND OREGON AVENUE SOUTH, FROM AG, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT AND AMEND THE PLANTATION LAKES PHASE H MASTER PLAN; 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 Commissioner Williams Aye Commissioner Lessard Aye CommissionerMcClanahan Aye Public Hearing and first reading of Ordinance No. 3538 to rezone a 43 acre portion of property_ lying between South Oregon Avenue and Woodridge Trail and between South Oregon Avenue and Twin Lake (2200 Oregon Avenue) from AG. Agricultural to PD. Planned Development. Thomas Ratlift, Jr., Matthew E. Burke and Lourdes E. Burke, owners; Dwight D. Saathoff, applicant. Ad published December 26, 1999. Ordinance No. 3538 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3538. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3538, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAD AMENDMENT TO CHANGE THE ZONING OF A 43 ACRE PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SOUTH OREGON AVENUE AND WOODRDGE TRAIL AND BETWEEN SOUTH OREGON AVENUE AND TWIN LAKE, FROM AG, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICT8 AND EFFECTIVE DATE. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.R. REGULAR MEETING January 265 24 192000 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 McClanahan Aye Request to amend the future land use map of the Future Land Use Plan Element of the Comprehensive Plan, and chaneing the designation of the property from Low Density Residential to General Commercial for a portion of property lying between Lake Mary Boulevard and Lakeview Avenue extended westerly and between West Ridl~e Drive and College Road (799 W. Lake Mary B!vd.). Amre Sammakia, owner. Ad published December 26, 1999. Site was not posted, and Planning and Zoning Commission took no action on this item at their January 6, 2000 meeting other than to acknowledge that it had been advertised. Applicant has requested this be tabled. Mayor Dale reported the applicant has requested this Ordinance to be tabled. Commissioner McClanahan moved that this be tabled. Seconded by Commissioner Lessard 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 (Commissioner Williams left the meeting.) Public Hearing and second reading and adoption of Ordinance No. 3531 re: Code Enforcement statutory changes. Ad published January 13, 1999. Ordinance No. 3531 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 353 1. No one appeared. Commissioner Eckstein moved to adopt Ordinance No. 353 1, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, 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 HEW SUB SECTION (e) REGARDING TRANSFER OF OWNERSHIP DURING ENFORCEMENT PROCEDURE; AMENDING SECTION 2-178, ADMINISTRATIVE FINES AND LIENS, SUBSECTION (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 SUB SECTION (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 MAIL AND POSTING AND TO PROVIDE FOR NOTICE PROCEDURE FOR COMMERCIAL PREMISES; 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 Lessard Aye Commissioner McClanahan Aye City Attorney Colbert reported the effect of this Ordinance is to clarif~ and give the City some clear superiority in areas where it was unclear. The City had a state-of-the-art Ordinance a couple of years ago and the Legislature has modified it in response to some court decisions, and this Ordinance updates and strengthens the previous Ordinance; permitted by statute. 266 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 24 192000 First readine of Ordinance No. 3532 re: amendine Ordinance No. 3361 and adoptine an amended classification and pay plan. Ordinance No. 3532 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on the first reading of Ordinance No. 3532, eutitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, AND ADOPTING AN AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE FEBRUARY 12, 2000; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: (Commissioner Wiliiams rejoined the meeting.) Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Adoption of Resolution No. 1833 re: economic development incentive ($31,500) in support of American LaFrance, not to exceed $50.000, and approve waiver of building permit & plans review fees: with award contineent upon Seminole County. participation and execution of Citv of Sanford Economic Development Incentive contract inclusive of appropriate surety instrument. Resolution No. 1833 was read by title. On recommendation of the City Manager, Commissioner Lessard moved to adopt Resolution No. 1833, entitled: A RESOLUTION BY THE GOVERNING BOARD OF THE CITY OF SANFORD FLORIDA FINDING THAT AMERICAN LaFrance BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO §288.106, FLORIDA STATUTES: AND PROVIDING AN APPROPRIATION OF $31,500 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR HSCAL EAR(S) FY00/01, FY01/02, FY02/03, FY03/04 AND FY04/05: AND PROVIDING FOR AN EFFECTIVE DATE. and authorize the Mayor to execute the contract, and to waive building permit and plans review fees. 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 Authorize sale/donation of portions of property located near the intersection of East SR 46 and Cochran Road to Seminole County for Lake Cochran Road riehts of wav. Commissioner McClanahan moved to donate the property to the County. 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 Request for waiver to allow more than three cats to be kept at one residence. Venetia Kelly, 2610 Iroquois Avenue, reported she had twenty-one cats that she found as babies and raised them and took care of them. She has found homes for fourteen of those cats. She is asking the Commission to allow her E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January to keep her six oldest cats. Mayor Dale reported if the Commission allows her to keep six, they have to allow anybody who asks to keep six, and it would then be easier to amend the Ordinance to allow six cats instead of three. Ms. Kelly asked why nothing is being done about the stray animals that are roaming through her yard. Mayor Dale reported if she will call his office something will be done about the stray animals, because Sanford does have a leash law. Ms. Kelly reported that she has been told that many cats can pose a health threat, but no one can tell her what that health threat is. Mayor Dale reported the reason the Ordinance is the way it is, is so people don't have twenty-one or more cats, or even six cats, because cats like to roam. Ms. Kelly reported her cats have never, ever been outside. Commissioner Eckstein reported another reason for the Ordinance was because of the odor. Ms. Kelly reported the call about her cats was made by someone, other than her neighbors, that knows her, but when the call was made the person was not required to leave their name. Commissioner Eckstein moved to allow Ms. Kelly to keep all six cats for a period of three months to give her time to find good homes for three of them. 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 McClanahan Aye Ms. Kelly asked what can be done about having a law that says if someone calls in about other people's animals, for spite, they have to leave a name and number. Mayor Dale reported if someone is making a legitimate call about something illegal, they have that right. The law is that way to protect the caller from revenge. Commissioner Eckstein reported Ms. Kelly could petition to have the Ordinance changed, and she asked how she could do that. Mayor Dale reported Ms. Kelly could talk to the City Clerk, and the Clerk would tell her what she would need to do. He reported all Ms. Kelly needs to do is write a statement that "We the undersigned would like to see the City Commission change its Ordinance that relates to cats so that people that call in have to give their name and address." Then get as many signatures as she can and submit it, and the Commission might or might not consider it. Boards appointments/reappointments. Cemetery Advisory Committee. The City Clerk reported Eliza Pringle's term expires March~ 10, t999. Commissioner Lessard moved to re-appoint Eliza Pringle to the Cemetery Advisory Committee. Se,,c~on4ed 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 McCtanahan Aye Consent Aleenda. Commissioner McClanahan moved as follows: Approve proposal from Ardaman & Associates for additional groundwater consulting services related to the Mayfair Golf Course and Site 10, in amount not to exceed $14,770.00. Approve transfer of $15,746.00 from General Funds to Sanford Seminole Community Pool funds. Approve Change Order #4 for Weller Pool Constructors, Inc. re: the Seminole Pool and Bathhouse, in the amount of $6,93 1.00. 267 24 192OOO 268 E718672 MINUTES City Commission, Sanford, Florida 7:oo P.M. REGULAR MEETING January 24 192000 Approve emergency water service for property located in Seminole County at 113 Crescent Boulevard, with owners paying all appropriate fees. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Add-on items. None. City Mana~er'sReport. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye City Manager VanDerworp reported he has been contacted by the County to see if the City has any interest in partnering with them in a community park development; putting a park on the west side of Sanford, between Sanford and Lake Mary. The consensus of the Commission was for the City Manager to work with the County and come back with a definite proposal; the Commission is definitely interested. Information only. Minutes of the Code Enforcement Board meeting of November 9, 1999. City Attorney's Report. City Attorney Colbert reported his office has requested an attorney/client session and the Mayor has set the meeting for Wednesday, January 26, 2000 at 4:00, in the City Manager's Conference Room. The session will need to be convened in public, it will adjoum to a private session to discuss the Desantis case, and then retum to the public session in order to comply with the statute. City Attomey Colbert reported the golf course litigation is moving a little closer to trial, they are still in Discovery, but a Notice to Trial has been filed. There is a pre-trail conference on February 8, and it is expected that at that time the, courts will set the limits of Discovery and set a date for the actual trial of the case. An attorney/client session may be requested by the City Attomey before the case goes to trial. There is no co-counsel for this case at this time. Citv Clerk's Report. , No report. Presentation. Police Chief Tooley presented each Commissioner with the new millennium badge, with their name on it, that will be wom by all officers in Sanford throughout the year. Mayor Dale recommended that these badges be wom by the officers for a year, and then each officer may keep his badge as a memento. The Commission concurred. City Commissioners' Reports. Commissioner Eckstein - No report. Commissioner Williams - No report. Commissioner Lessard - Commended Mike Kirby and his staff on the new park equipment that is being installed in the parks all over town. Commissioner McClanahan - No report. Mayor Dale - No report. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING January 269 24 19 2000 There being no further business, the meeting was adjoumed. Attest: