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052901 ws/rm min. MINUTES I 7 3 WORK SESSION MAY 29 01 City Commission, Sanford, Florida 20-- The City Commission of the City of Sanford, Florida met in Work Session on Tuesday, May 29, 2001, at 3:30 P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard ,.. Commissioner Whitey Eckstein Commissioner Velma Williams Commissioner R. andy Jones Commissioner Art Woodruff City Manager Anthony VanDerworp City Clerk Janet tL Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Seminole County Youth Commission, Inc. Dr. Hortense Evans of Seminole County Public Schools was introduced by Mayor Lcssard. City Manager VanDerworp reminded the Commission that Dr. Evans' request for funds was brought up at the last meeting, and that at that time the Commission requested an invitation be made to Dr. Evans so she could be presem to answer any questions the Commission might have at this work session. Dr. Evans updated the Commission on the profess of the Seminole County Youth Commission, and provided copies of the Seminole County Youth Commission document she provided previously, the Seminole County Youth Commigsion Proposed Interim Budget, and the SCYC, Inc. Conference on Youth Summary Report (January 4, 2001 ). The summary report provided was not complete, but included the pages Dr. Evans felt were pertinent to the Commission. ,--- Dr. Evans drew the Commission's attention to the purpose of the Seminole County Youth Commission as outlined in the initial literature, noted that the Commission had been incorporated, and told the Commission that the address had changed to the Seminole County Sheriffs Office address at 100 Bush Boulevard, Sanford, Florida. Dr. Evans told the Commission that a 14-member board had been appointed, of which Commissioner Williams is a member, and that the Youth Commission had requested funding from various city and county agencies, and had applied for grants and other available funding measures. The most costly item as shown on page 4 of the initial Youth Commission literature is "Youth Issues Research," which has not yet begun. Its purpose is to identify programs available in Seminole County and to eventually develop a web-based resource directory including the activities of local schools, churches, and other agencies, and to be updated frequently, for parents and youth alike and access~le via the Internet. A group of students is already on board to assist with designing the web page, but funds are needed for the web page's timely and ongoing reporting of events and proFarm available. Dr. Evans mentioned the development of partnerships with the University of Central Florida and others to address the issue of drug abuse and prevention for youths, and the steps the Youth Commission had taken towards applying for the 2001 Robert Wood Johnson Foundation Grant of $250,000 and towards creatin~ a Juvenile Drug Court. Dr. Evans spoke about creating a Seminole County Teen Club involving the cooperation of Mr. McCool, whose teenaged son was recently killed in an automobile accident, Pastor Hoyer of Holy Cross Church, and Mr. Breitenbach, who all had similar concepts for a teen club. The Youth Commission has also spoken with Lynx about providing safe and reasonably-priced transportation for the youth of Seminole County. Dr. Evans reported that although funds have been received from kltmonte Springs, Seminole County MINUTES City Commission, Sanford, Florida WORK SESSIOl~ lViAY19 20~1 Government, and the Seminole County Sheriffs Office, none have been used by the Youth Commission to date. Dr. Evans said that the $5,000 requested from the City of Sanford would fit into the proposed budget with the Needs Assessment, the marketing effort, and the resource directoxy, as those are the most costly items proposed. Dr. Evans offered to join the Commission at any time in the future to discuss progress or answer further questlo~s. Mayor Lessard told Dr. Evans that that was his understanding following their meeting three weeks prior. Dr. Evans told the Commission that she was only "on loan" from the School Board for a period of six months, and that period will expire on July 1, 2001. Dr. Evans said she was committed to the Youth Commission, but at a strategic planning meeting of the Seminole County Youth Commission planned for June 12, 2001, a decision would have to he made regarding moving forward without her involvement as Co-Chair. ]Dr. Evans cortfirmed that the $5,000 requested would not he used for payment of staff salaries, and that no administrative staff was shown in the proposed budget. Dr. Evans, in answer to an inquiry from Commissioner Wood~, said that if the Robert Wood Johnson Foundation Cvm~ was approved, some of those monies would be used to hire an administrator, an interim director, or similar position for the Youth Commission. Mayor Lessard suggested Dr. Evans check with Seminole Community College to see if they would like to partner with the Youth Commission. Dr. Evans said that she had spoken with Seminole Community College about parreefing with the Youth Commission in terms of marketing, as well as Workforce Central Florida and a local marketing and advertising firm_ Commissioner Jones commented that he felt the greater need in Seminole County was not that of a Youth Commission but of a "parenting commission". He said that he always found plenty to do in his youth, with friends and family, and with the number 'of things to do in Central Florida he is disheartened by society's reliance on government to act as a babysitting service. Commissioner Eekstein agreed. Commissioner Jones went on to say that he felt this was a parenting problem and a societal issue that was going downhill rapidly, and that is why he bad problems with the concept of the Youth Commission. Commissioner Williams agreed that we were in need of a "parenting commission," but that we were in equal or greater need of a youth commission given that youth is our greatest resource. Commissioner Williams said that she put particular value on the information the Youth Commission has gathered to date, as the sentiments have come from the youths themselves. While saying that she understood the concerns of the municipality, Commissioner Willjams felt that the situation was a "pay now or pay bier" situation that did not involve a substantial sum of money when compared with other projects that have been funded. Commissioner Eekstein asked what was directly being done for the youth with the nearly $50,000 in funds that would be collected after the City of Sanford's commitment of $5,000 was made. Commissioner Eckstein pointed out that only one city had participated to date, and said that clearly the need for the Youth Commission existed and the matter of assessing the need should not require funding. He asked Dr. Evans what happened after the needs of the youth of Seminole County were determined. Commissioner Williams said that her understanding of the Youth Commission was not as a direct service provider, but as a coordinator of partners to provide the services required. Again, Commissioner W'~liams said she did not feel $50,000 was a lot of money when compared to the goal She asked the other Commissioners whether they felt the service was a valuable service, and Commissioners Eckstein and Jones said again that they did not. Commissioner Eckstein expressed his reservation that although needs were identified, there was no definition of what and how the needs would be addressed by the Youth Commission in a way that existing programs did not cover. Commissioner Woodruff agreed that unless the Youth Commission was successful in getting youth to participate MINUTES 17 5 City Commission, Sanford, Florida WORK SESSION MAY 29 26}1 in the programs proposed, the money would be wasted. But until the information is put on the web site for use and the desired partners and goals are obtained following an assessment of needs, there will be no way to measure the Youth Commission's success or failure. Dr. Evans agreed with this synopsis, and went on to explain that $28,000 of the $43,500 was collected in "in-kind" services from the Seminole County School Board (i.e., a portion of Dr. Evans' salary) rather than in actual funds. Dr. Evans said that the Youth Commission was seeking one-time seed money ~:om the various local agencies at this point, and that future funding would be provided by grants and the like. Mayor Lessard ensured that there were no further questions from the Commissioners to Dr. Evans regarding the Youth Commission, as the matter was scheduled as item 8 in the Regular Meeting. The Commissioners and Mayor Lessard thanked Dr. Evans for coming. Lobbyist Renort. Mr. Brantley was introduced and presented the Lobbyist Report. He reported that $3,000,000 had been secured from the Florida Legislature for the Sea Wall Project and $350,000 had been secured for the midges. Mr. Brantley said that he had spoken with City Manager VanDerworp and Mayor Lessard regarding providing documentation to Governor Bnsh's budget people so that when the budget is officially sent to his office, he will have the need for the funding documented and a repeat of the 2000 Florida Tax Wateh's "Turkey List" veto will not occur. Mr. Brantley also reported the designation of Sanford's Goldsbero Community as one of the Govemor's Front Porch programs, and thanked Commissioner Willisms for her involvement in Sanford's designation, He also recognized Representative Feeney's assistance in this matter, and said that he stood ready to make the City's involvement in the Program a Success. (Former) Mayor Larry Dale recoEniTed Mr. Brantley's efforts, along with those of Comraissioner Willjams and Representative Feeney (R-Oviedo), and thanked each of them for their many efforts during the most recent legishtive session. Mayor Dale said that Senator Clary (R-Destin) would be in town on May 30, and suggested that City Manager VanDerworp might like to meet the Senator. Mr. Brantley especially thanked Representative David Simmons (R-Longwood), said Speaker Feehey was insmental in the sea wall funding despite opposition, and thanked all those involved in the legislative efforts for the current session, Mayor Lessard updated the Commission on his recent lunch with Diane and Representative Feeney and commented on the positive relationship between Commissioner W'~liams and the Governor and expressed his own positive feelings about the current legislative session. Mayor Lessard also thanked Representative Simmons for his help with the midge project and for his diligence in the matter. Sanford Airnort Authority Quarterly Financial Renort. Bryant Crarrett, Finance Director for the Sanford Airport Authority, presented first and second quarter ~nandal statements and said that the Airport Authority was overall on budget, although some additional repairs and maintenance had been required recently, especially at the Commerce Park buildings. He estimated that $30,000 to $40,000 would be put into roof repairs at that location this fiscal year. Mr. Garrett said the net surplus was approximately $641,000 at the end of the second quarter, with an increase to that number in April. Mayor Lessard asked why a PFC was not reflected in the income, and Mr. Garrett explained that the Airport 17 6 MINUTES City Commission, Sanford, Florida WORK SESSION MAY 29 2~1 E00014148 Authority was not authorized to collect until April 1,2001, and the statements provided ended on March 31,2001. Mr. Garrett also explained that any uncollected revenue would be shown as receivable, and that the Authority would be diligent in collections as legal recourses were limited with airlines. Mayor Lessard also asked Mr. Garrett to explain the re~naneing project currently Lmderway by the Airport Authority, and how the Authority views the $1,000,000 loan from the City of Sanford alter its satefaction by the retinanee: i.e., as an open line of credit or as a satisfied loan. Mr. Ga~ett said that seven or eight loans of varying rates and terms existed, and that in order to simplify the bulk long-term debt service and get out from under the varying demand terms, end to obtain permanent icing for the airport, the Authority approached its main lender, Bank of America, for a single instntment with more favorable terms and a $1,500,000 open-ended line of credit attached in exchange for becoming the Authority's depository. The net effect of the retinanee is twofold: with rates down as they currently are, actual savings will be approximately $14,000 a year. Cash flow savings will be approximately $280,000 a year. Mr. Garrett said that he felt that payin4~ off the current $1,000,000 debt to the City of Sanford at a good fixed rate of 6.89% today rather than hope the Airport Authority had the funds in 24 months made sense from an overall standpoint. Mayor Lessard said he did not necessarily agree with that decision. Commissioner Eckstein asked Mr. Garrett if the Authority was going to pay the City back the $1,000,000, and Mr. Garrett replied that the City would have a check [ 5/30/01 ]. Mayor Lessard said that he felt the retinanee represented a betterment in terms rather than a betterment in rate, and that he would prefer a debt service payment savings over a cash flow savings. Mayor Lessard asked Mr. Garrett why the Airport Authority wished to repay the City now, when the original intention of the loan was to help the airport grow. Mayor Lessard reported that he told the Board of the Airport Authority that the $1,000,000, once paid back, was not an open line of credit from the City of Sanford, as it would mean that in addition to the $1,000,000 included in the relce, six months from now another sum would be added to the current debt. Commissioner Eckstein said that no loan could be issued without a majority vote, and Mayor Lessard concurred. Commissioner Eckstein said that the Airport Authority did not have an open line of credit with the City. Mayor Lessard said that he had explained to the Authority that any future loan was subject to City Commission approval and would be treated as a new loan, and wanted the City Commissioners and Mr. Garrett to be aware of that. Commissioner Willtams requested and reiterated that the City' s and the Airport Authority' s understanding of this agreement be put in writing. Mayor Lessard said that this discourse was on the record at the Airport Authority meeting. City of Sanford Quarterly Financial Renort. Ms. Donna Watt, Finance Director, reported that the City was on target for the end of six months. She explained that there was a little more than 50% total revenues and outside sources in the general fund due to the fact that most of the ad valorem property taxes are received in the first six months of the year. Of these, Ms. Watt reported that 95% have been collected for the year. Ms. Watt reported on collections for the year, including the first time that rent (of$60,000) bad been collected from Mayfair Country Club, and said that sales tax collections are slightly down this year. Ms. Watt reported that the City of Sanford's pension fired was terminated and all general employees were put back into FRS, so a big revenue item is reflected on the statement under "non-departmental" as well as a big expense item to FRS. MINUTES 1 77 City Commission, Sanford, Florida WORK SESSION MAY 29 281 Ms. Watt reported that only a couple of departments were over their 50%, related to larger expenditures for !4 :! equipment or special projects, or something else that happened in the first half of the year. Under "transfers," the $975,000 represents the general fund reserves used to pay off the COPs. Ms. Watt explained the remainder of the bottom llne numbers on the Quarterly Report and explained the reserves required in the event of a catastrophic event. Mayor Lessard asked Ms. Watt about the difference in the 3/3 I/01 general fund reserve bal_ance tiom $6,000,000 : s to approximately $4,100,000. Ms. Watt explained that the $1,000,000 set aside for gasi~cation, the outstanding $1,000,000 loan to the Airport Authority, added with the current figure of $4,179,973, is approximately $6,000,000. Commissioner Eckstein asked Mayor Lessard if the Lake Mary Boulevard Landscaping project was proposed for this year's budget or next year's. City Manager VanDerworp replied that the item would probably not be ready until next year, but that a decision was necessary for design purposes. Paul Moore, Utility Director, said the actual finished product would probably not be ready for some time, but that it would definitely be next year. Mayor Lessard requested that City Manager VanDerworp provide an update in the near ~ future to the Commission, and especially Commissioner WoodrUff, on the Utility Department business plan. Commissioner Eckstein asked a question about the Seminole Towne Center CRA, as did Commissioner Jones, and Ms. Watt said that she shotrid have new numbers for the Commission shortly as regarded that issue. City Manager V anDerworp said that if general fund revenues were increasing from a particular geography each year, there was effectively no debt involved. -- Ms. Watt presented and stmmmrized the remainder of the Quarterly Report for the Commission. She said that with the arrival of the Risk Manager, many of the open worker's compensation claims were being closed "equitabl[y] but aggressive[ly]." City Manager VanDerworp explained there are reporting requirements for any incident, including anything as ~'~, ,' minor as a bee sting, but that not all incidents were necessarily claims. Ms. Watt said that her department was now separating '~ the two categories, with 74 total claims to date this year, 43 ofwhich were only incidents. She said that more than 50% of the claims were police- and fire-related claims, several of which had been settled. Ms. Watt praised Fred Fosson' s performance in evaluating the claims. City Manager VanDerworp said that he would provide the Commission with a risk report that shows the accomplishments of the Board and the Commission in relation to safety committees and other related actions. Mayor Lessard said that he wanted to ensure that there was not a duplication of efforts between Fred's position and Workplace Fitness. Commissioner Eckstein remarked that Fred had paid for his salary, and much more. City Manager VanDerworp thanked Ms. Watt for the report format, and Commissioner Eekstein also commended her on a fine job. East Lake Mary Boulevard (17/92 to Ohio Avenue} Landscape Maintenance. Mayor Lessard asked City Manager VanDerworp to move this item to his briefing, or Item 8B in the Work Session. Special Event Policy. Mayor Lessard praised R. T. Hillerrs draIt of a "Special Event Policy." City Manager VanDerworp said that the item was on the Work Session Agenda only for the Commission's comments before making the Policy an action item on a future agenda. Mayor Lessard said that he had had an opportunity to go through the Special Event Policy and had some limited comments: first, that the document was a professional document. Secondly, Mayor Lessard acknowledged Mike Kirby, I 78 MINUTES City Commission, Sanford, Florida WORKSESSION MAY 29 2~1 E00014148 Recreation and Parks Director, for the great job the department has been doing with notifications of street eiosures and all the other progress that has been made by those in Recreation and Parks. Commissioner Eckstein asked if the Special Event Policy was realistic and if it would be practical Commissioner Eekstein noted tb~at some of the.deadlines seemed unrealistie. Mr. Kirby conceded that the Policy probably would not be practical inalh:ases, but the Policy is intended to establish guidelines. Mr. Hillcry researched the policies of other cities and found out what their guidelines were, formed a Special Event Committee with other Central Florida Recreation and Parks Departments, and the data coliected.is.Wli~!xelped to make the guidelines shown in the Special Event Policy Mr. Hillcry prepared. C~mmissioner E~ksteinsaid that~ne~fthe items~nthe agendatonight was in vio~ati~n~fthe Pr~p~sed Special Event Policy. Mr. Kirby reiterated that the policy was created as a guideline, and that persons who had reasonable requests would not be turned away if Recreation and Parks had approval tiom the City Manager. Commissioner Eekstein expressed a concern that people in general did not plan ahead, and that was where the problem was as far as having a Special Events Policy in effect. Commissioner Williams agreed. Mr. Kirby said that Recreation and Parks was trying to get the process started closer to 60 days ahead of time. Mayor Lessard told Mr. Kirby that he thought Mr. Eckstein's concern was that events come before the commission as early as poss~le for approval, and gave the carnival event as an example of an event that was put before the City Commission with the proposed event just two weeks away. Commissioner Eckstein said that he had reviewed the material, and that it sounded good, but that he realized with a policy in effect that people would be turned down for events, and it might cause hard feelings. Mayor Lessard said that he liked in particular the '~amage/Cleanup Deposit fees can not be waived" verbiage; he said that it should make the Recreation and Parks ' Department' s job easier, since the City Commission has already said that those particular fees should not be waived. If people cleanup, they will get their deposit back. If they don't clean up, they shouida't get it back. Commissioner Woodruff asked if the insurance policy limits shown at §VI.1 was a new policy, or one that has been in effect. Mr. Hillery said that the limits were set by Fred Fosson in Risk Management, along with the committee put together for this purpose. Commissioner Woodruff inquired if the "automobile" section would apply in the event of a parade; i.e., would each automobile need $500,000 in insurance. Mr. Kirby said that the applications would go through Donna Watt and through Fred Fosson, and that they would assess each event for the different risks involved. City Manager VanDerworp stated that he thought that was a good question, and one that should be addressed: whether each vehicle would need the coverage or to hold the event holder liable. Commissioner Woodraft said that the policy would create fewer entries of individual cars in, for instance, a parade. Commissioner Eckstein observed that motorcycles, Shriners' vehicles, and the like were also involved in a parade-like event. Mayor Lessard said that generally all ofthese types of vehicles were covered under an umbrella insurance policy, typically showing "per vehicle" coverage. Ms. Watt responded that typically the sponsor of the event was required to provide insurance coverage. City Ivlanager VanDerworp said that this matter would be explored more fully. Commissioner Jones asked if the policy limits would also apply to individual food vendors and the like at a special event. Ms. Watt asked Mr. Hillcry ifa special event was defined as 100 people or more, and Mr. Hitlevy answered that that was not the only criteria in the determination of a special event, referring to the first page (§ 1.1 ) for a more concise definition. In addition, exceptions might exist with alcoholic beverages, loud music, or street closures. Mr. Hillery recalled that other special events had been brought to the Special Events MINUTES 1,7 9 :i ,, City Commission, Sanford, Florida WORK SESSION MAY 29 2~1 ~ Department, but there were no guidelines in place for the events before now. Since the Commission requested the policy, Mr. Hillcry, along with the Committee formed, prepared the policy with the goal of expanding the definition of"Special Event". Commissioner Eckstein noted that in the past two years there had been some unusual requests for special events, and asked fithe Commission's decisions would still be able to be arbitrary in the light of recent events such as the Baltimore block party where violence resulted. He noted that it would be preferable to avoid events that might provoke controversy. City Manager VanDerworp said that there probably should be a section on the application showing whether the event was, for instance, a fundraiser, but that similar questions were asked. Mr. Kirby also informed the Commission that he has, in certain instances, called the Police Department or Fire Department for specific concerns. Commissioner Woodruffnoted that the Police Department had to sign off on some Special Event applications, depending on the nature of the event. Commissioner Willjams said that the document was in draft form anyway, and was not on the Agenda for approval. City Manager VanDerworp said that at the next Commission Meeting, the policy would be on the Agenda for approval, so any further comments could certainly be addressed at that time. City Manager VanDerworp said that, in the meantime, questions could be addressed directly to Mr. Hillcry. Commissioner Williams again stated that she would like some clarification on the insurance and liability issues, and complimented Mr. Hillery's "first-class" presentation~ City Manager VanDerworp requested that Mr. Hillcry research the matter further and respond directly to Commissioner Wffiiams. Discussion with Main Street and Downtown Business Association. ARer a request by City Commissioners to invite the interested parties to the Work Session, Mayor Lessard started the non-agendized discussion regarding December in Sanford's Main Street area by introducing Mr. Tom Winternheimer, Chairman of the Downtown Business Association, and Ms. Sara Jacobson, Event Chairperson, of the same organization. Mayor Lessard also recognized Mr. Walt Padgett, Executive Director of Sanford Main Street, Inc., along with Bob Hopkins and Gary Lowell board members of Sanford Main Street. Mayor Lessard acknowledged that the Downtown Business Association conveyed some sense of urgency with regards to the time flame, as June was approaching and plans would need to corranence for any projects in the near future. City Manager VanDerworp was asked to summarize the conversation among Sanford Main Street, Downtown Business Association, himself, Mayor Lessard, and a couple of other organizations held recently at the Chamber of Commerce. City Manager VanDerworp said that the Commissioners should have received, under separate cover, information on the Downtown Business Assoclation's proposed "Christmas Extravaganza" approximately six weeks ago. The meeting took place with the purpose of sharing resources among the entities present, working together toward a common goal, and networking for maximum restfits. The Chri~mms Extravaganza came up at that meeting, and both City Manager VanDerworp and Mayor Lessard had lett the meeting feeling that any major issues had been worked out, and that all the parties had essentially agreed to develop a proposal. Since an individual proposal came to the City of Sanford from Sanford Main Street last week, apparently the expected joint proposal has not been prepare& Beyond that, the City' s current contract for Christmas events is with Sanford Main Street, which specifically says that a portion of the funds committed to Sanford Main Street each year will go towards a Christmas parade and downtown holiday lighting festivity. Mayor Lessard added only that he felt the matter had been settled between Sanford Main Street and the Downtown Business Association, and expressed his sincere hope that af~er today's Work Session the matter would be settled. Commissioner Jones expressed dismay MINUTES WORK SESSION MAY 29 01 City Commission, Sanford, Florida that the Commission was involved in this issue at all. Commissioner Williams requested clarification on what needed to be settled. Mayor Lessard again introduced Ms. Jacobson and{;.M_r. Wintemheimer to make a presentation on behalf of the Downtown Business Association for this purpose. Ms. Jacobson said that Mr. Winternheimer would orient the Commission as to "what", then she would present a video with Downtown Business Association's ideas for the Christmas Extravaganza. ARer thanking the Mayor and the City Commissioners for the opportunity to present Downtown Business Association's ideas, Mr. Winterrtheimer said that the Association represents 55 various businesses, all in downtown Sanford. He said that he was before the Commission to discuss two things: one, the proposed 2001 Downtown Christmas Extravaganza, and two, the Association's frustration with the Sanford Main Street program. Mr. Winternheimer promised the Commission that the Downtown Business Association planned to produce a quality, unique event throughout the entire month of December which would be appropriate for all ages. He said that the only problem with the Association's planned Extravaganza was a lack of cooperation between Sanford Main Street and the Downtown Business Association, due to Sanford Main Street's long-standing obligation under its contract with the City to produce a similar event. Mr. Wintemheimer opined that the program put on by Sanford Main Street was lacking in the areas that the Downtown Business Association proposes to improve on: the sparse decorations provided, the parade and the "light up" being one-time events with no sustained activity, and the lack of customer traffic as a restfit. Mr. Winternheimer went on to say that the Association was frustrated with Sanford Main Street' s general lack of pmduetivity in this area and saw the need for a stronger marketing effort and more programs to promote new tenants in the area. " Mayor Lessard requested that Mr. Winternheimer confine his remarks on behalf of the Association to the Christmas Extravaganza issue, and Commissioner Jones agreed. Mr. Wintemheimer went on to explain that he was attempting to explain why the two entities simply could not work together despite having tried. He said that the Assoeiation's goal was a strong Main Street organization, and that the Association felt it was incumbent upon the City Commission to help in this effort. At~er discussing sharing ideas and responsibilities with Main Street, or handling the Christmas event as a committee in conjunction with Sanford Main Street, it became apparent that only one organization could host the downtown ChrisUn~ event, and the leaders of the Downtown Business Association were not willing to share leadership responsibilities with Sanford Main Street. Mr. Wintemheimer requested that the City release Sanford Main Street, Inc. from its contractual obligation to produce the downtown Christmas displays and allow the Association to submit a proposal for the holiday activities they have in mind. After Mr. Wintemheimer introduced some of the Association's board members and noted Sam Jacobson's commitment to this project and to the City of Sanford, Ms. Jacobson presented a videotape includin4g several of the Association's ideas for the Clui~mas Extravaganza, calling the proposal both "grandiose" and "yet charming, fun and exciting in a small town way." She discussed the sites downtown where certain designs and displays would be appropriate, including a Santa's Village in Magnolia Square, Sea World exhibits, and Christmas carolers on several nights, among other ideas: competitions, quality __ guidelines, Disney characters, a boat parade, etc. to enhance the City's image-building and awareness program and to promote business. Mayor Lessard confirmed with Ms. Jacobson that the Downtown Business Association was looking for exclusive rights to produce or oversee the Christmas Extravaganza, then introduced Mr. Walt Padgett, Executive Director of Sanford Main Street, Inc. Mayor Lessard observed that Mr. Padgett was not at the Downtown Business Authority meeting which he and the MINUTES I 8 ]. City Commission, Sanford, Florida WORK SESSION MAY 29 281 City Manager attended, but Mr. Kuhn, Vice President of Sanford Main Street, Inc., was present. Mr. Padgett said he was ~taken aback" by Mr. W'mternheimer's statements, but said that Sanford Main Street had made every effort, over and over, to work with the Association and its members since the dialogue regarding this issue began some time ago. Mr. Padgett also said that Sanford Main Street was worldnE on new ideas for the parade, while acknowledging that compromise and teamwork were the key to the event's succes'~. Mayor Lessard reco~L, nized that the Commission was being asked to intervene in the matter, and confirmed that the existing obli~atinn the City had with Main Street was for parade services and Hghts at City Hall. Commissioner Williams said that while she felt the ideas presented by the Downtown Business Association were excellent, she could not understand why the two parties could not work in unity. Mr. Padgett invited the Commissioners' critiques, but said that Sanford Main Street had not had an opportunity to correct any mistake~made up until this point, as no notification had been made that there was a problem until now. Mayor Lessard asked City Manager VanDerworp if he had voiced any discontent to Sanford Main Street before this time, and the City Manager said that he had not, other than to say an additional police unit was needed or something of that nature. Commissioner Eekstein acknowledged that the Christmas parade needed improvement while recognizing that the Downtown Business Association simply did not want to join Sanford Main Street. He called Sam Jacobson a very creative individual who had done much for the City of Sanford, and said if he were Walt Padgett, he would let the Downtown Business Association "do their thing" so that Sanford Main Street could concentrate on what its original purpose was. Commissioner Eekstein said again that he liked the Association's ideas, and he felt that whoever got the eredR, the proposal should unite rather than polarize the downtown merchants. He then called for Mr. W'mternheimer and Mr. Padgett to "shake hands" after resolution of this issue, in order to move forward in the downtown area~ Commissioner Williams said that although she liked the ideas presented by the Downtown Business Association~ she did not like the principle of the presentation or the way it was presented. She reiterated that she felt strongly that the parties should unite and compromise to create the production rather than heighten the dissension that now exists. She and Commissioner Jones likened the situation to a "hostile takeover" and said that the way this was being handled bothered each of them. Mayor Lessard said that he was disheartened by the level of involvement the Commission was asked to give to the parties. Commissioner Eckstein said he thought that Sanford Main Street should step down as producer of the Christmas festivities, as it was clearly impossible for Main Street and the Association to agree, and one of the parties had to concede. Mayor Lessard asked Mr. Winternheimer what precluded the Association from deeorating the way they wanted to if Sanford Main Street organized the parade. Commissioner W'fllinrns asked why the Commission was being asked to mediate the dispute. Mr. Wiaternheimer blamed miscommuulcation and misunderstanding for most of the conflict, but said that in requesting funding and sponsorships, one entity would have to be at the helm for sales and marketing efforts. Commissioner Jones expressed displeasure over being asked to arbitrate the matter, and Commissioner Woodraft said that if someone had to be in charge it seemed like Main Street would be the logical choice for coordinating things. Commissioner Woodruff suggested that Main Street handle the parade with the Association' s help and advice, and that the Association handle the lighting, decorations, and merchant events. Commi.~sioner Jones said that that was how he understood the events would take place. Mr. Padgett also had this understanding. · MINUTES City Commission, Sanford, Florida WORK SESSION MAY 29 20 0t E00014148 Mayor Lessard set out the options for the Commission as follows: 1. Keep tie status quo (i.e., Main Street remains responsible for the entire event); 2. Eliminate tie requirement of providing a Christmas parade from Sanford Main Street's contract witi the City of Sanford and give the contract to tie Downtown Business Association. City Manager VanDerworp said that the reason for the contract was to ensure some performance standards, so the option of taking tie parade away from Sanford Main Street was not viable. Mayor Lessard said that if no motion was made by the City Coup,fission at the regular meeting, the Christmas events would remain status quo and the issue would be considered resolved. Commissioner Eckstein said that he would make the motion to use the Downtown Business Association, and assured Mr. Padgett that he felt that this was best for Sanford and nothing personal. Commissioner Jones proposed giving the parties two weeks to work the matter out and to remove the Commission from the decision. Mr. Wintemheimer said that unfortunately tie parties had exhausted tiat possBility. It was decided that the issue would he revisited at the regular meeting on May 29, 2001. Reauhr A~,enda items, Add-on items, and other items. Mayor Lessard asked tie City Manager to brief the Commission on the Local Option Sales Tax. The City Manager explained that tie current 1 ¢ Local Option Sales Tax, started in 1991, is set to expire this year. The City has identified approximately $15,000,000 worth of projects, constituting its share under the formula for these funds. City Manager VanDerworp also informed tie Commission that some of the tax funds were earmarked for school projects. He noted that tie star and he, recommended execution of tie agreement, and said that programs such as the Collector System, the Mulberry -- Avenue Extension ( 14th Street to Country Club Road), downtown circulation improvements, several intersection improvements (i.e., 13th Street and 17-92, a high accident intersection in Sanford), with pedestrian crossways included, protective reconstruction of tie lakefront roadway, many sidewalks, and an upgrade of several of Sanford's railroad crossings would be undertaken with these funds. Commissioner Eekstein said that when the tax initially came up 10 years ago he was in favor of the tax, and that without it havin~ passed then, tie City would be in a mess today. He endorsed the tax again as an investment in our community. Commissioner Jones agreed, and used Orange County as an example of a county that could generate a phenomenal amount of money with such a tax, but refused to enact it. He, too, endorsed tie tax. City Manager VanDerworp observed that tie vote 10 years ago was overwhelmingly in favor of tie tax, and that if public information is promulgated in the same way it was in 1991 tie tax should again be an overwhelming success, especially given the attention to school needs the 2001 tax addresses. Commissioner Eckstein said that the tax favored everybody; Commissioner Jones observed that not only Seminole County residents, but anyone who came through Seminole County and bought anything, would he paying the tax. With regards to Item 7B, the Palmetto Avenue Tow-Away Zone issue, tie City Manager requested that tie item be moved to tie regular meeting as an add-on item, and requested that the City Commission vote to resolve the issue at that time. __ City Mana~er's briefiml. City Manager VanDerworp asked if there were any questions regarding the Lake Mary Boulevard landscaping upgrade issue. He observed that when upgrading the landscaping, some irrigation (usually reclaimed water) would need to be provided for it. He asked if the City Commission would he interested in the project. The City Manager observed that most of the cost was picked up by Seminole County under tie Collector System, and that the real cost to tie City of Sanford would he MINUTES '2]. 13 3 City Commission, Sanford, Florida WORK SESSION MAY 29 2~ approximately $17,000 in annual maintenance costs. Commissioner Eckstein observed that the County would provide the hookups, and asked how far the City of Sanford would have to run the water line to hook up. Commissioner Eckstein observed that the area would be a "gateway" to Sanford. Commissioner Jones said that it would he a shame to come offof Lake Mary Boulevard with its beautifully landscaped medians, then to cross 17-92 and see none of the landscaping in Sanford. Commissioners Eckstein and Jones endorsed the landscaping project, as did Commissioner Willianas. City Manager VanDerworp asked fithere was a consensus on the item, and said fithere was consensus he would not bring it up at the regular meeting unless someone wanted him to. The City Manager said he would bring up the Strategic Plan at the end of the regular meeting on May 29, 2001. There being no further business, the meeting was adjourned. Mayor Attest: City Clerk rc M NUTES REGULAR MEETING MAY 29 20_01 City Commission, Sanford, Florida The City Commission of the City of Sanford, Florida met in Regular Meeting on Tuesday, May 29, 2001, at 7:00 P.M. in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Whitey Eckstein Commissioner Velma H. W'~liams Commissioner Art Woodruff Commissioner Randy Jones City Attorney W'filiam L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chainnan called the meeting to order. Deehration ofweanon surnhs and retirement of badlle. Mayor Lessard presented Lieutenant Ron Nance with his service revolver and badge upon his retirement after 25 years with the Sanford Police Department. Commissioner Eckstein moved to declare the service revolver surplus and approve the presentation of the revolver and badge to Lieutenant Nance as retirement tokens. Seconded by Commissioner W'filiams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'ffiiams Aye Commissioner Woodruff Aye Commissioner Jones Aye Snecial nresentation to Coach Jack Pantelias of Seminole Community Coilcite. Mayor Lessard introduced Coach Jack Pantelias and observed the invaluable contribution Coach Pantelins b~td made to our co**auanity before his May, 2001 retirement from Seminole Corranunity College as the men's head baseball coach and as an instructor. The Mayor read a proclamation proclaiming "Home Field Advantage" in perpetuity for Coach Pantelias and asked the Commission to vote on it. Commissioner V(~liams moved to approve the proclamation. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'~liams Aye Commissioner Woodruff Aye Commissioner Jones Aye Annroval of Minutes. Commissioner Jones moved to approve the Minutes of April 9, 2001 Work Session and Regular Meeting. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'~liams Aye Commissioner Lessard Aye Commissioner Jones Aye Public hearin~ and first readinl of Ordinance No. 3647 to adoOt the 1st Comnrehensive Plan Amendment for 2001. Recommended by the Planning and Zoning Commission with less property ir~luded in the Site 17 amendment and denial of the Site 18 and Site 22 amendments. Recommended by the Director of Engineering and Planning and the City Manager. Ad published May 20, 2001. MINUTES I 8 S City Commission, Sanford, Florida REGULAR MEETING MAY 29 2gl E00014148 Ordinance No. 3647 was read by title, as follows: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3572 OF SAID CITY, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN, SAID AMENDMENT BEING THE HRST ANNUAL AMENDMENT; AMENDING THE FUTURE LAND USE ELEMENT; 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. Mayor Lessard reported the Commission would hear from those persons present to speak for, or in opposition to, said ,-,- Ordinance. Jay Marder, Director of Engineering & Planning, introduced Antonia Gerli, Senior Planning Engineer, to discuss the specific differences between what the staff initially recommended and what the Planning and Zoning Commission recommends. Ms. Gerli explained that the first difference in the recommendations was related to Site 17, a recommended amendment from Medium Density Residential to Low Density Residential-Single Family use, for the area between 13th Street and 23rd Street which mainly borders on Park Avenue. Ms. Gerli said that the planning staff recommended approval of the amendment; the Planning and Zoning Commission recommended approval of the amendment with the exception of the lots on the east side of Palmetto. Three of the subject lots are currently vacant and bad been proposed prior to this for a map amendment from Public/Semipublic to a Medium Density Residential use, which was denied. Ms. Gerli explained that the proposals for Sites 17, 18 and 19 are made to conserve the Single Family and Two Family Residential character of the neighborhood, and said that the principal difference between the Medium Density and the Single Family Density zoning was that they both allow one- and two-family residences, but that the Medium Density also allows multiple family dwellings, i.e., apartment buildings, nursing homes, and boardinghouses. Ms. Gerli pointed out that those particular uses have been allowed since at least 1961, but just one property in the area had taken advantage of the higher density permitted uses. The second difference Ms. Gerli pointed out was that the Planning and Zoning Commission denied a request to rezone Site 18 from Residential, Office, Institutional to Single Family Residential. Ms. Gerli said that all of the property owners in Site 17 were invited to a meeting in March, and about 35 people attended. Commissioner Jones was also in attendance. At that meeting, the citizens were wholeheartedly for Site 17, and also recommended that EngineerinM~ and Planning look into Palmetto Avenue between 23rd and 251h Streets, because they felt that that area was solidly single family. Ms. Gerli made an inspection ofthe area and, in fact, found that the entire area up to and including the properties that from on 251h Street are single ,-., family residences, which forms the basis for the change in zoning proposed from ROI (Residemial, Office, Institutional) to the Single Family designation (LDR-SF). The three Park Avenue lots are larger lots with single family homes that seem to be more closely related to the area behind them, which is single family in use and intensity, so they were included in the LDR-SF recommendation. ""' Ms. Gerli said that both the staff and the Planning and Zoning Commission recommended approval of the Site 19 as ROI, Residential Office Institutional, as the Medium Density Residential designation's elimination is being proposed. The third difference that the Planning and Zoning Commission had with the stuff was on Site 22, which is located on 19th Street. This was proposed to go from Low Density Residential-Single Family to General Commercial use. Within the area, there is a fast food restaurant and a used car lot. Ms. Gerli observed that the property was only marginally suitable for residential uses due to the traffic, the noise, and the smell from the existing restaurant. The surrounding area is comprised of 18 6 M NUTES REGULAR MEETING MAY 29 2001 City Commission, Sanford, Florida E00014148 a nearby vacant lot and some single family residences. The staff felt that a transitional use, such as the one the applicant is proposing as an office and indoor storage area for his business, would be a more appropriate use than the Single Family Residential use proposed. Ms. Gerli said that several residents of the immediate area around the Site 22 proposal came to the Planning and Zoning Commission meeting to say they would not be in favor of the proposed use, prompting the Planning and Zoning Commission's recommendation of denial of the amendment. Commissioner Eckstein asked Mr. Colbert if the City would face potential litigation to make up the difference in property value if density were reduced for a certain property, i.e., that a commercial or multi-family zoned property would be more valuable than a sin4~le family zoned property. Mr. Colbert replied that generally the courts have held that Comprehensive Planning is a legislative and city govemment function~ He said that in only a few specific cases has an owner has been able to demonstrate to the courts that his investment expectations have been diminished by a Comprehensive Planning measure. In those cases, the city or other governmental entity has been given an opportunity to reconsider and not to make the proposed change. In short, the courts have generally upheld the cities' rights to make Com~preheusive Plan changes; if a challenge arises, the court would normally give the city another chance to look at the particular property rather than litigate. City Manager VanDerworp observed that with respect to Site 22, the staff had noted several Development Order conditions for approval, and he felt the conditions should be overviewed for the audience. Mayor Lessard said that he had seen the subject property owner, Mr. Sobtic, in the audience, and told Mr. Sobik that he could present the renderings he had brought with him for review by the City Commission. Commissioner Jones also said he would like to hear more about the proposed use of the property from the property owner. Jay Marder, Director of Engineering and Planning, said that the Comprehensive Plan Amendment revising the Future Land Use Map would have to be adopted by the City Commission. There would be a tree preservation plan, with a site plan, to ensure preservation of the existing specimen trees wherever possible on the site, and the permitted uses would be restricted to office and indoor storage; neither retail sales and services nor outdoor storage would be permitted. Mayor Lessard commenced the Public Hearing portion of the meeting. Steve Afford, 1610 Palmetto Avenue, said that he had built his property into a split-level structure from a single, raised level structure over the past two years, spending approximately $100,000, and although he was not in a current position to rent the second unit, he would like to have the option available should the opportunity arise. In response, Mr. Marder said that the Low Density ResidentiaVSR- 1 Zoning designation currently on the property provides for two-family dwellings. He said that if the use was not allowed by the proposed amendment, a conditional use permit could be requested (i.e., in the residential historic district). Mr. Marder said that a two-family dwelling use could be put before the Planning and Zoning Commission as an exception at a one-time Conditional Use Hearing, and that Mr. Afford would not be required to rezone the property. While it would require more than he would have to do today, it would be less trouble than a rezoning hearing or something of that nature. In addition, Mr. Marder noted that people that currently have two dwellings on their properties would basically be grandfathered when the new Comprehensive Plan Amendment took effect. Mayor Lessard asked Mr. Marder to define "basically grandfathered". Mr. Marder said that if Mr. Afford had not established the two-family dwelling by conventional means (i.e., a Certificate of Occupancy) as a lawfully existing use, he should get the appropriate permits immediately to establish the nonconforming use. Commissioner Woodruff asked if"established" required the owner to rent the property as two separate units or MINUTES 18 7 City Commission, Sanford, Florida REGULAR MEETING MAY 29 2gl ~ merely for the property to exist in a way that would accommodate that situation. Mr. Marder said that residency was not at issue, but the property itself must clearly have two separate dwellings. City Manager VanDerworp said that it was a permitting issue; when Mr. Alford said although the second dwelling has actually existed for about two years but that a final inspection on the renovations was pending, the City Manager suggested that he obtain the Certificate of Occupancy as soon as possible. Mr. Marder said, in response to a request from Commissioner Jones for clarification, that the property was currently conforming to its zoning and that when the SR- 1 zoning was adopted, a Conditional Use request would have to he made by the property owner. After establishing the nonconforming land use, nothing more would have to be done by the property owner to rent either or both dwelling units hwfully, as the land use goes with the land. Dan Flori. an, Community Development Building Official, said that be was familiar with Mr. Alford's property and that he would research the City records on Mr. Alford's prior permits on record with the Building Department, but that he thought it was permitted as a single-family dwelling. Mayor Lessard suggested that Mr. Alford get the final inspection completed before the final adoption hearing in August. Mr. VanDerworp suggested that Mr. Alford get in touch with Mr. Marder to give Mr. Marder any necessary information for researching the property and its current status. Mr. Hattawny asked the Mayor to clarify the City' s position on Site 2 I, which is currently owned by him and his father and came before Planning and Zoning for approval as an industrial use property with a recon~ndation. Mr. Marder said that the associated zoning for Site 21 was not included in this package, and the zoning is where the recommendation verbiage would be phced. The recommendation deals with respons~ility for walls between residential and non-residential properties, and who comes first with respect to zoning. Mr. Marder said this Comprehensive Plan Amendment was a land use issue, and no stipulations were put on it. City Manager VanDerworp observed that what was important was that the condition itself ensured compatibility on the property, and that any conditions that are a part of the record on a Plan Amendment are tracked at the time ofrozoning when they arise. Mr. Hattawny said that the applicants had requested a change of zoning on adjacent industrial property to suburban estate property, and that his current plans to develop Site 21 as an industrial property would probably not he done until after the residential property was developed. Mr. Hattawny expressed that often when these events take place, residents will become concerned about the industrial development and request buffers, wall% and other measures to protect the integrity of their residential property, and Mr. Hattawny requested that he go on record as saying that since the industrial zoning was in effect first for his adjacent site, in fairness he would like the City to hold the residential developers financially responsible for erecting these walls, buffers, and other protective measures, and that they be erected on the suburban estate use property. Mr. Marder defined the suburban estates' location for the Mayor and the Commission in rehtion to Mr. Hattaway's property, as wen as reiterating Mr. Hattawny' s position with regards to the responsibility for erecting the buffers required. Mayor Lessard asked what Planning and Zoning's position would he on that issue, and Mr. Marder said he could make sure that that was addressed in the stipulations for Site 21, normally in the zoning section~ Barry Walker, developer for the proposed Magnolia Park PD development and applicant for suburban estates use of the adjacent property, said that the wall and buffers at issue are required under the current zoning to develop the property residen~ally anyway, so the stipulation would be perfectly acceptable to the developer. Commissioner Jones confirmed that Mr. Walker already had plans in place to buffer the property. Mr. Walker said that the developer's engineering already called for 18 8 MINUTES REGULAR MEETING MAY 29 2001 City Commission, Sanford, Florida E~0014148 the wall, the landscaping buffers, and everything else Mr. Haltaway would otherwise have to erect. Mr. Walker said that "close to final" engineering was already at the City for review, so unless the City waives the requirement for the wall and other buffers, the developer will have to provide then~ Mr. Hattawny said that although projects were somewhat changeable in nature, "Comprehensive Planning is forever." He said that in the case of, for instance, a zoning change to residential use being approved next to an existing industrial use, the builder of the newly-zoned property shotrid bear the costs of stipulations required. The City Manager said that zoning conditions normally were not put on the Plan Amendment, but at times comments were provided that went along with a recommendation by the Commission to do a Plan Amendment. City Manager VanDerworp suggested that it was a good idea for Mr. Hattaway to go on the record as saying he had no objection to the proposed land use, provided there were sufficient buffers provided by Mr. Walker and his development group. In addition, the City Manager felt that Mr. Hattaway had ful~lled his responsibility to put his objection on record with regards to the second zoning hearing on the matter. Andrew Valente, 1300 South Magnolia Avenue, wanted to go on record as being in favor of Site its preservation as a single family neighborhood. Mayor Lessard asked Mr. Marder to clarify the area in questior~ Mr. Valerite asked ifonly public hearing 1 was being discussed, or ifall ofthe public bearings were being discussed. Mr. Marder replied that all of the public hearing items were being addressed. In addition, Mr. Valente purportediy spoke for other neighborhood residents in saying that they, too, wanted to go on record as opposing the recommendations of planning and Zoning. With respect to the recorranendation of planning and Zoning to leave one portion of Site 17 Public/Semipublic, Mr. Valeme said that it essentially landlocked the residential owners with respect to the Master Plan. Mr. Marder defined Public/Semipublic uses as essentially institutional: churches, schools, or things of that nature. Commissioner Jones asked what the current zoning designation was for Site 17, and Mr. Marder said it was currently zoned IVlR-2 with a land use of Public/Semipublic. Mr. Valerite asked if just land use was being changed, or if the proposal included changing zoning. Mr. Marder said that the hearing was simply on land use, but that eventually the City would seek approval of a rezoning as well for consistency. Mr. Marder explained that if a particular property was designated Public/Semipublic use, neither a single- nor a multiple-lhrfily dwelling would be consistent with the Public/Semipublic plarming designation~ The Comprehensive Plan, Mr. Marder explained, supersedes the zoning. In summary, Mr. Marder told Mr. Vaiente that the staff was recoil.mending changing the Plan to single-family residential; the zoning would follow suit to be compat~le with the Plan~ In addition, although the land use for the excepted block is Publie/Semipublic, the zoning is currently MR-2. Commissioner Woodruff asked Mr. Marder what could actually be built on the property in question if the land use remained PublicTSenipublic and the zouln~ remained MR-2. Mr. Marder reiterated that only a school, park or other public- type use of the property could be approved. City Manager VanDerworp explained the procedure for building a structure with an inconsistent zoning and land use, saying that there are several uses within the City of Sanford that are inconsistent, and reiterated that the only matter being heard was whether or not the City wanted to change the current designation of MR-2 to Low Density Residential-Single Family. Mayor Lessard said that if the property owner was not wig to surrender the current~ing designation, it would pose a problem; Commissioner Woodmffobserved that the property owner did not really--have that option since its currenX land use was Publie/Semipublic. Mayor Lessard said that it was an issue the City Attorney ~gonld have to research, since in effect MINUTES 1, 8 9 City Commission, Sanford, Florida REGULAR MEETING MAlt 29 2~1 the City was "taking," rother than the property owner surrendering, the property rights. Mr. Colbert said that a right of action would be dependent on whether or not the City has taken some investment expectations from the property owner. He said that he recalls a prior public hearing where the owner of this particular piece ofpmperty was opposed to any action by the City that would dish his ability to develop the property as it was currently zoned. Mr. Colbert said he could not, without further research, give an opinion as to whether or not the property value would be diminighed. Mr. Vaiente restated the importance to him and his neighbors of preserving the residential integrity of the subject neighborhood. Trish Thomas asked why she and her neighbors could not simply be permitted to say that they didn't want the land use ofthe property to become multi-family. Mayor Lessard said that he felt it was safe to assume that a majority ofthe residents of the area agreed. In response to a question from the Mayor, Mr. Marder said that the property in question, Site 17, was zoned MR-2 in 1961 or before. Ms. Thomas said that she and her neighbors had worked hard to ensure that the neighborhood was a great place to live and wanted to preserve that by keeping it all single family residential. Rami Yosefian, 5520 W'dson Road, said that on the four lots in question, he had gone to the expense ofpreparing a Comprehensive Plan Change to commercial from its present use, and was denied in a zoning hearing, even though no one from the neighborhood showed up at the hearing to either support or oppose Mr. Yose~an's request. Mr. Yose~an said that it is his intention to use the three lots he owns in the subject property to expand the existing nursing home ffneed be; in essence, he is "-- not taking the lots from a residential area but planning to use them in the way they are currently zoned. Mr. Yose~an said that any opposition to his use of the property should have arisen at the public zoning hearing. Eric Breitenbach, 1505 Palmetto Avenue, asked why Planning and Zoning wanted to effect the proposed change. Mr. Marder offered to answer the question, and said that his understanding of the intent of the Planning and Zoning Commission was to recognize that Mr. Yosetian had some expectations of the use of that property, and therefore regardless of whether he was on the Planning and Zoning Commission or not, they felt that it was appropriate to take that half of the block and to leave it designated as it currently was and to leave the zoning the way it stood. Mr. Breitenhach pointed out what he considered to be an obvious conflict of interest, and said that he hoped the City would side with its residents as opposed to a developer where preserving residential integrity was at issue. Mayor Lessard acknowledged the conflict, but said that Mr. Yose~an had recused himself from the Planning and Zoning Commission for th~at hearing. In addition, Mr. Breitenhach said that approximately 30 people from the neighborhood did in fact appear at an informational meeting held by Mr. Marder and Ms. Gerli on the matter. Mayor Lessard observed that the current zoning has been in phce since 1961, which posed a problem for both the Commission and the residents. Robert Kinney, 1920 South Park Avenue, who was at the Planning and Zoning meeting, commented that the people on the City and Planning and Zoning Commissions made "some very bad decisions" in 1961. He asked that the City Commissioners envision the city 40 years from today, and make decisions based on those observations and not on individual preferences. Mr. Kinney received a round ofapphuse from the citizens in attendance when he opined that the Planning and Zoning Commission' s decision "smack[ed] of cronyism' and ~was absolutely inappropriate." MINUTES REGULAR MEETING MAY 29 2001 City Commission, Sanford, Florida Kenneth Lowe, 1311 Palmetto Avenue, said that if Mr. Yose~an was granted his land use request, he wanted to keep his current designation as well and be afforded the same opportunity to "get out." Mr. Lowe owns property one lot away from Mr. Yose~an, and says that he neither trusts Mr. Yosetian nor his intent. Mr. Lowe alleged that Mr. Yosefian had operated under numerous code violations, is under code viohtious currently, and seems to "thumb his nose" at everybody. Bill Kirchhoff, 2044 Hibiscus Court, observed that two uses currently existed within Site 17 that were pertinent to the issue: one, the formal Woodall Chiropmctic Clinic which is being used a doctor's office, and two, a dental office further down across 22nd Street. Mr. Kirchhoff asked if these properties would be grandfathered in as non-conforming allowable uses if the change to single-family designation is made. Mr. Marder said that one property was definitely grandfatbered in by virtue of the fact that the property had been rezoned by the current owner to conform, and the other property had never changed its land use nor tried to change the zoning. In the second case, the property was a hwfiffiy existing non-conforming use. Expansion or change in use or structure would be cause for a public hearing. Mr. Kirchhoff then asked if the City would take the opportunity to rezone the property if it remained vacant as a commercial property for a period of time as the Woodall Chiropractic Clinic building recently did. Mr. Marder said that the City did not actively seek out such properties, and that the land use for the property in question would not change at all with the proposed amendment. Commissioner Williams clarified with Mr. Marder that Mr. Yoseftan's zoning was MR-2 when he purchased the property, and that it was MR-2 today. Mr. Marder went on to explain that the MR-2 designation allows multiple family dwe~ings, which SR- 1 land use would not allow. In short, right now Mr. Yose~an would be able to put either single family or multiple family dwellings on the lots; if the change is made, he would only be allowed to put single family homes on the lots. Mr. Marder reiterated that the staffreconmaends that the lots be changed to the single family use, based on the policy of ensuring single family residential use in the entire neighborhood and similar to what was done in a residential historic district when multiple family residential zoning was changed to single family zoning recently. With regards to Site 23 on the proposed Comprehensive Plan Amendment, Mr. Kirchhoffobserved that the Legal Notice showed the City changing "224.4 acres" from conservation and preservation, and he wanted to make sure that that figure was in error. Mr. Marder said that apparently there was a sm'venefs error in the adver~scn~nt, and tlmat in fact a relatively small area is actually being set aside for resource protection, with the bulk of Site 23 being amended to Airport Industry and Commerce, equivalent to the County designation. Ivlr. Kirchhoffsaid that he was not concerned with the area of Site 16 owned by the airport. He said that some of the property on Site 16 that is not owned by the airport that appears to be set aside for conservation and preservation is actually an integral part of a ditched, burned and leveled orange grove. Mr. Kirchhoffrequested that the City of Sanford correct this on the Comprehensive Plan Amendment Existing Land Use Map (April 2001 ). Mr. Marder said that while he would be glad to take a look at that particular property, the source data was the St. John's River Water Management District data. City Manager VanDerworp and Mayor Lessard also assured Mr. Kirchhoffthat the property would be looked at more closely before the August hearing. Jay Jude, Sanford resident, taxpayer, and property owner, said that he wanted to reiterate his objections as to Site 20 (2250 Celery Avenue), noted in prior minutes. His objections are based on the overall impact of the annexation of Site 20 from Seminole County, specifically regarding the Celery Avenue and Mellonville Avenue intersection and the cumulative M NUTES 191 City Commission, Sanford, Florida REGULAR MEETING MAY 19 2~1 impact of the ball field at that intersection and other traffic that will be created by the anticipated hotel conference center at Fort Mellon Park, along with the closure of Seminole Boulevard. He said there was a substantial amount of traffic in that area, which has not been addressed, and neither had the financial implications of the annexation. Mr. Jude said that perhaps the 1¢ Local .- : Option Sales Tax monies, if approved, could be appropriated for the widening of Celery Avenue, assuming that widening the road would be the proper solution. If those monies were used, however, Mr. Jude pointed out that the taxpayers of Seminole County would be paying for the road work as opposed to the developer of the property that would require the widening. (Former) Mayor Larry Dale said that he wanted to follow up on Bill Kirchhoffs question regarding the resource protection area as delineated by the St. Joim's River Water Management District. He said that although Mr. Kirchhoff was not concemed about the land owned by the Airport Authority, Mr. Dale was concerned about this property and the City Commission should be as well. Mayor Lessard asked Mr. Marder if there was a chuse used on ordinances for resource protection areas within a Comprehensive Plan which stated "...as determined by...". Mr. Marder said that that was done when it came to the actual development of the property. He told Mayor Lessard and (Former) Mayor Dale that Engineering and Planning would be happy to add the verbiage as appropriate. Mayor Dale observed that the overhead map used as an exhibit was not an accurate mapping of the resource protection area, and that the St. John's delineation should not be relied upon. Mr. Marder said that the City recognized that most of the delineations that came liom the Water Management District were not precise, and that the "...as determined by..." verbiage could be put into the data and analysis portion. City Manager VanDerworp thought that the language was already in the -- Comprehensive Plan itseft, but that the langnnge needed to be phced on the overall map of the City for resource protection. Mayor Lessard observed that it would be difficult to get an accurate resource protection delineation on the Comprehensive Plan Amendment map for Site 20. Mr. Marder said that the St. Joim's River Water Management District was mentioned in the Comprehensive Plan Book itsele City Manager VanDerworp observed that he felt the language needed to be included in the resource protection portion of the book, and also on the maps in "definitions" sections and in footnotes, since maps are sometimes generalbed. Commissioner Williams observed that the Planning and Zoning Commission made specific recommendations regarding Ordinance 3647, but she relies on the staff recommendation, which is to approve the ordinance in its totality. Commi.qsioner Willjams asked the City Manager to clarify his position on the proposed ordinance. City Manager VanDerworp said that the ordinance included three sites: 17, 18 and 22. Staff was directed to analyze the land uses in the areas. As a restfit of their observations, the staff recommended that Sites 17 and Site 18 should be completely Low Density Residential. City Manager Vard)erworp further explained that while the Planning and Zoning Commission recommended denial regarding Site 22 on 19th Street, the staff felt with certain conditions on the rezoning that the proposed building could ~ be compatible. The City Manager said that different recommendations were not unusual, and that the City Commission was .... ~ responsible for the final decision af~er~iaring all of the public input and reviewing both recommendations. City Manager VanDerworp suggested that a motiofi~e made recommending approval of the amendment, subject to conditions. The Mayor~ 17~co~niTed John Sobik, the owner of 417 W. 19th Street and the applicant requesting change in future land ~ designation. Mr. Sobik said that although he was not at the May 3rd Planning and Zoning meeting because of a family emergency, he had spoken with all of his "nearest neighbors" prior to the meeting and found no opposition tirom them on the proposed change. Mr. Sobik asserted that there was absolutely no opposition from anyone until the meeting on May 3rd. MINUTES REGULAR MEETING MAY 29 2001 City Commission, Sanford, Florida He said he felt that the problem at the May 3rd meeting was not so much the actual project, but the use of the word "warehouse" in Ms. Gerli's letter to the nearby residents. Although "storage" and "office" were used in Mr. Sobik's conversations with the residents to that point, he felt that "warehouse" had a negative connotation and initiated concerns of the residents that a big steel warehouse facility would be constructed in their residential neighborhood. Mr. Sobik asked the Commission to review the stipulations in the development agreement, along with the things he offered to do to make the proposed construction compat~k~ with the neighborhood. Mr. Sobik then distributed color renderings to the Mayor, the Commi.~sioners, and the City Manager. Mr. Sobik said that his plan ~om the beginning has been to build a house and use it for an office, for record and equipment storage, and for boat storage. Mr. Sobik explained the architectural features shown in the renderings. He said that he initially planned to build a residence on the property, but that the overall cost in comparison to the neighboring homes, compounded by the location, combined to make this a non-viable option. Mr. Sobik said that he had only three staff members working at his office, and that he needed office space mostly for equipment and boat storage. Mr. Sobik said he would also like to get permission to step the wall back so it doesn't become as obtrusive to the neighborhood residents, since he was not aware that the wall was a necessity when he initially planned to build on the property. He said that he would prefer a natural buffer to a wall that doesn't really start or end anywhere, but the plans were designed pursuant to the City Code. $andra Wright, 412 West 19th Street, said her property is directly across the street liom the subject property and that her neighborhood is "very much opposed" to the proposed construction. Ms. Wright has seen drawings tiom the City showing not the proffered rendering but a structure with three warehouse doors, making the proposed building look like a warehouse rather than a residence. In between Mr. Sobik's two businesses, the sub shop and the chicken restaurant, Ms. Wright said that there were at least five commercial sites sitting vacant on 17-92. Ms. Wright suggested that there was plenty of commercial space suitable for Mr. Sob~'s purpose available in the five- or six- block area in question, so the area was not lacking for office space. Ms. Wright said that while she was at the Engineering Department inspecting the recommendations and plans for Mr. Sobik's building, she was told that the proposed structure and occupant would be "less intrusive than a house with kids," as she stood there with her three children. Ms. Wright observed that "a house with kids" is what a neighborhood is for, and that she endorsed keeping her neighborhood strictly residential. She also said that although Mr. Sobik's application says he does not anticipate deliveries, the neighborhood is already subject to such traffic as trash pick-up at 5:00 a.m. and doesn't want any more commercial travel in the area. Mayor Lessard asked the City Manager, in light of Ms. Wright's remark, to check on why trash pick-up is occuring that early in the morning. City Manager VanDerworp said that he would look into the matter. Commissioner Jones said that he was at the Planning and Zoning meeting when this issue was initially discussed, and there were a significant number of residents in attendance and opposed to Mr. Sobik' s plans to build on the property. Ms. Wright added that a pgtition was circulated to all the residents in the neighborhood, was signed by "everyone on 19th and 20th' Streets who were opposed to Mr. Sobik building on the property, and was submitted to the Planning and Zoning Commission~ Commissioner Jones asked if in fact the petition was given to "everyone" on 19th and 20th, noting that he is a resident of 20th Street and never saw the petition. In response to a question firom the Mayor, Mr. Marder said that although the petition itself was not included in the package reference was made to it in the Planning and Zoning Commission's recommendation to deny the Amendment with regards to Site 22, saying that "concems...expressed by some of the residents" existed. Mayor Lessard MINUTES t 93 City Commission, Sanford, Florida REGULAR IVIEETING MAY 29 281 suggested that petitions submitted to the Planning and Zoning Commission, either for or against an action, would be nice to have in the supplemental information. Commissioner Jones said that he had no idea this construction was proposed, and that perhaps a good place for the petitions and other similar material received by the Planning and Zoning Commission during public bearings would be as attachments to the minutes from the meeting they pertain to. c Commissioner Woodmffasked Mr. Marder if another zoning classification would allow the type of structure Mr. Sobik is proposing. Mr. Marder replied that the discussion was currently about planning and that there was not another planning designation; the zoning designation proposed was for Planned Development, which would restrict the site to the site plan, the uses, and the Development Order. Mr. Sobik said that only three employees would be at the office from 8:30 a~m. to 5:00 p.m., five days a week, and that there would be no garage doors slamming up and down, or any other noise that would be exceedingly disruptive to a residential neighborhood. David Willjams, 406 West 19th Street, observed that the Sobik property would be the only property zoned commercial on 19th Street, and that the residents would prefer the property remain residential. Mr. Valente lent support to the 19th Street residents who opposed Mr. Sobik's proposed rezoning, citing the increased traffic and deliveries that would be inherent with a commercial property. Donna Zimmer, 414 West 19th Street, said that she lives directly across the street from the subject property. Her first impression was that the structure would resemble a small ranch house, not a warehouse, and she is opposed to commercial construction at the location. ,'-' Frank St. Pierre, 408 West 19th Street, echoed the sentiments of Ms. Wright, Mr. Williams, and Ms. Zimmer, saying he would like to see the area remain residential. Mr. Valente then encouraged the neighbors in attendance to meet with Mr. Sobik to solve the dilemma.. Harry Troutman, 901 South Palmetto Aveane, said that preservation of the single-fam~y neighborhood has been the goal of his neighborhood for some time, and that he would prefer to keep all the property single-family rather than rezone any of the proposed sites multi-family and/or commercial. Commissioner Jones asked what the reason was for recommending denial of Site 18 to an SR-1A designation~ Mr. Marder said that several adjacent property owners were vehemently opposed to the proposed change, which the commission took into consideration. Commissioner Woodruff asked for clarification on why the area presently zoned Airport Industry Commerce would be appropriate to change to allow public school uses. Mr. Marder said that the area was quite large, and although the largest eoncem raised would be the airport noise zones, those are addressed in policies which prevent incompatible land uses. The City Mamger explained that the Commission could split up the amendment into site numbers, but at the end they need to make just one vote on whether or not to approve the First Comprehensive Plan Amendment for 2001. Mr. Marder reiterated the exceptions made by the Planning and Zoning Commission for Commissioner Williams. Commissioner Jones moved on the first reading of Ordinance No. 3647, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3572 OF SAID CITY, SAID ORDINANCE BEING THE COMPREHENSIVE PLAN, SAID AMENDMENT BEING THE HRST ANNUAL AMENDMENT; AMENDING THE FUTURE LAND USE ELEMENT; 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. REGULAR MEETING MAY 29 2001 City Commission, Sanford. Florida E00014148 with Site 17 to include the East side of palmetto between 14th and 15th Streets (as recommended by staff); Site 18 to include the 2400 block of Park and Palmetto Avenues (as recommended by staff); and to deny the General Commercial future land use designation (as recommended by the Planning and Zoning Commission) for Site 22. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Conmissioner Willjams Aye Commissioner Woodruff Aye Commissioner Jones Aye (Former) Mayor Larry Dale said that he had misunderstood the motion, and that he thought the vote was on Ordinance No. 3647, including Sites 17, 18 and 22 only; he asked if the motion covered all of the sites included in the First Comprehensive Plan Amendment. The City Manager said yes, that it did; Mr. Dale said that the resource protection verbiage should be included in the Amendment, and Mr. Colbert offered to add the wording. Commissioner Woodmffmoved to add the following verbiage m maps and the Comprehensive Plan: "resource protection designation as determined by St. Johns River Water Management District". Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Conmissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Woodruff Aye Commissioner Jones Aye Public hearira! and first readinl! of Ordinance No. 3648 to rezone 36.62 acres of property !vinll between 13m Street and 23'd Street and between Elm Avenue and Locust Avenue. Recommended by the Planning and Zoning Commission with less property included in Site 17. Recommended by the Director of Engineerin~ and Planning and the City IVlanager. Ad published May 20, 2001. Ordinance No. 3648 was read by title. Mayor Lessard reported the Commission would hear liom those persons present to speak for, or in opposition to, Ordinance No. 3648. Mr. Marder said that the square shown on the Site Map was Dr. Runge's office, and it should be excluded liom the Ordinance since he has PD zoning for his dentist's office. Mr. Valerite requested to go on record as saying that the neighborhood was opposed to any elmage and Planning and Zoning's recommendations that would leave a portion of Site 17 Public/Semi-Public. Commissioner Jones moved on the first reediog of Ordinance No. 3648, as recommended by staff and excluding Dr. Runge's property, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENI)ING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF 36.62 ACRES OF PROPERTY LYING BETWEEN 13~" STREET AND 23~a STREET AND BETWEEN ELM AVENUE AND LOCUST AVENUE, FROM MR-2, MULTIPLE-FAMILY RESIDENTIAL, GC-2, GENERAL COMMERCIAL, AND SR-1A, SINGLE FAMILY DWELLING RESIDENTIAL, TO SR-1, SINGLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Public hearin~ and first readinl~ of Ordinance No. 3649 to rczone 4.12 acres of I~roOeaV hrin~, between 24th Street and MINUTES 195 City Commission, Sanford, Florida REGULAR MEETING MAY 29 281 , 25th Street and between Oak Avenue and Palmetto Avenue. Recommended by the Director of Engineering and Planning and the City Manager. The Planning and Zoning Commission recommends denial. Ad published May 20, 2001. Ordinance No. 3649 was read by title. Mayor Lessard reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3649. No one appeared. Commissioner Jones moved on the first reading of Ordinance No. 3649 as recommended by sta~ entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF 4.12 ACRES OF ,-- PROPERTY LYING BETWEEN 24th STREET AND 25th STREET AND BETWEEN OAK AVENUE AND PALMETTO AVENUE, FROM RMOI, MULTIPLE-FAMILY RESIDENTIAL-OFFICE-INSTITUTIONAL, TO SR-1A, SINGLE-FAMILY DWELLING RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Woodruff Aye Commissioner Jones Aye Public heariml and first readinll of Ordinance No. 3650 to rezone 1.54 acres of nronerty !vinll between 23'~ Street and 24m Street and between Oak Avenue and MallnoRa Avenue. Recommended by the Planning and Zoning Commission, the Director of Engineering and Planning and the City Manager. Ad published May 20, 2001. Ordinance No. 3650 was read by title. Mayor Lessard reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3650. No one appeared. Commissioner Jones moved on the first reading of Ordinance No. 3650, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF 1.54 ACRES OF PROPERTY LYING BETWEEN 23rd STREET AND 24m STREET AND BETWEEN OAK AVENUE AND MAGNOLIA AVENUE, FROM MR-2, MULTIPLE-FAMILY RESIDENTIAL TO RMOI, MULTIPLE-FAMILY RESIDENTIAL-OFFICE- INSTITUTIONAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Woodruff and carried by vote of the Cornmission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner William~ Aye Commissioner Woodruff Aye Commissioner Jones Aye Public heafin~ and tint readin~ of Ordinance No. 3651 to rezone 126.919 acres of nronerty ivinll between Seminole Boulevard extended easterly and Celery Avenue and between Brisson Avenue extended northerly and May River Court. Recommended with conditions by the Planning and Zoning Commission, the Director of Engineering and Planning and the City Manager. Ad published April 22, 2001. Ordinance No. 3651 was read by title. Mayor Lessard reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3651. Jay Jurie, Sanford resident, property owner, taxpayer, wanted to restate the objections originally stated at the first reading of Ordinance No. 3647; he had the same objections to Ordinance No. 3651. (Former) Mayor Larry Dale, 3400 Celery Avenue, said he agreed with the staff recommendation and the I, 9,: 6 MINUTES REGULAR MEETING MAY 29 2001 City Commission, Sanford, Florida E00014148 conditions placed on the zoning and asked whether the zoning change would delegate any resource protection areas within Site 20. Mr. Marder said that it would not. Commissioner Woodmffasked Mr. Dale if he still planned to develop Site 20 as a low- density, upscale residential development. Mr. Dale said that "it would be as low a density as has been brought before this Commission since [he' s] been here." Commissioner Woodruff asked why Mr. Dale did not request a higher zoning classification (i.e., SR- 1A, with a minimum lot size of 7500 square feet), if the development was going to be "upscale." Mr. Dale explained that "upseale" was not necessarily determined by lot size. In addition, Mr. Dale said that there would be open space near the American bald eagle' s nest on the 8m Street right-of-way of the City, as well as in the 750-foot primary resource protection zone there and to the north of the property. Mr. Dale also pointed out the landscape retention areas to the north and to the east, and the drainage easement, which provided more open space. At 2.5 units per acre, Mr. Dale said that even with a PD he anticipated a minimum lot size of 60' x 115', and no more than 300 lots in the development. Doreen Freeman, 705 Mellonville Avenue, said that her biggest concern was that only one main road would service the proposed subdivision, and Celery Avenue is an already overburdened two-lane road. In addition, water and sewer would have to be installed at the development, which would ereate a big impact on the area. Mr. Marder said that currently an 8-inch water line and a 6-inch forced main line are there to serve the site, and that the City is upgrading the Fort Mellon Pump Station at this time. That upgrade should provide adequate service to the development, along with a 2,000,000-gallon per day sewage treatment plant currently being built that will provide additional capacity. Mr. Marder said that Celery Avenue was designated as a "Level of Service A" road, which is a good level of service, and that surplns trips on this road are about 7,000, meaning there is quite a bit of capacity for facilities and services in the area. Ms. Freeman reminded the Commission that in addition to this development, an apartment complex had been approved for the area, which would further impact the utilities and roads~ Mr. Marder said the complex had been taken into consideration in the transportation modeling, and had been taken into account during the preliminary approval stages of the development. Mayor Less~d said that prior to the second reading of the ordinance, he wanted to discuss with (Former) Mayor Dale a couple of issues that had previously been mentioned. Commissioner Williams moved on the first reading of Ordinance No. 3651, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF 126-d: ACRES OF PROPERTY LYING BETWEEN SEMINOLE BOULEVARD EXTENDED EASTERLY AND CELERY AVENUE AND BETWEEN BRISSON AVENUE EXTENDED NORTHERLY AND MAY RIVER COURT, FROM AG, AGRICULTURAL, AND SR-1AA, SINGLE FAMILY RESIDENTIAL TO SR-1, SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commksion as follows: Mayor-Commissioner Lessard Aye Commissioner Eekstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Public hearin~ and tirst readinl of Onlinance No. 3652 to rezone .35 acres of nronertV l.Vin~ between West 19th Street and West 20m Street and between Elm Avenue and French Avenue. Recommended with conditions by the Director of Engineering and Planning and the City Manager. The Planning and Zoning Commission recommends denial Ad published April 22, 2001. MINUTES City Commission, Sanford, Florida REGULAR MEETING MAY 29 City Attorney Colbert reported that during the first Public Hearing of the evening, regarding the 1~ Comprehensive Plan Amendment for 2001, the issue was rendered moot. Mayor Lessard advised that no further action would be required. Continuation of public hearing to consider condemnation of nrnpertv on Condemnation Report No. 00-13, 2543 French Avenue, Sungold Holdings, Inc., owner; continued from February 12, 2001. The Director of Community Development and the City Manager recowarend the structure(s) be found unsafe, dilapidated, unsanitary or uninhabitable, to condenm said structure(s), and to give the owner thirty (30) days to repair or demolish; if property owner fails to effect such demolition and removal or repair within said thirty (30) day period, the City shall demolish and remove the buildin4~ and/or structure(s), and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. Owner notified January 11,2001; property posted January 11,2001; ad published February 6, 2001. The Public Hearing was continued for 90 days at February 12, 2001 meeting. Charles Rowe, the Director of Community Development, said that a roof permit was issued on May 15, 2001, and a permit for the demolition of the canopy was issued on May 18, 2001. There have been no inspections to date, and there was no activity on the site between the February 12th meeting and May 15th. The owner called Community Development to request the continuance, and was notified by certified mail, return receipt requested, on May 8, 2001 (received May 10, 2001) of this public hearing. Mr. Rowe said the owner, Mr. Gentry, was not in attendance at the meeting. Mayor Lessard reported that the Commission would hear from those persons present to speak for, or in opposition to, condemnation of 2543 French Avenue. Commissioner Jones said that the same owner had owned the property for 20 years and had made no improvements, then got 90 days from the Commission to clean the property up, and now wants an additional 90 days, and that he is not inclined to grant the extension a second time. Mr. Rowe explained that should the City Commission condemn the property at this meeting, the owner would still have 30 days to demolish the building and remove the debris or face a City lien for the work. Commissioner Woodruff asked if the property owner had in fact done any of the permitted worlc Mr. Rowe said some of the canopy demolition had been done, and Commissioner Jones observed that no actual roof work had been done other than removal of the old roof. Monarcha Marcet, 801 South Park Avenue, asked if the soil from the area around the removed gas tanks would be tested and verified at the City' s expense. Mr. Rowe answered that the City' s demolition would not include anything below grade, and that particular consideration would not be made until foreclosing on a City lien was necessary. Ms. Marcet said that she felt special care should be taken during any demolition to ensure that below-grade structures did not contaminate the soil or water supply at the site. Mayor Lessard reassured Ma. Marcel that the City was indeed aware of environmental hazards, and that it would do all it could to ensure public safety in the demolition of the property. Commissioner Jones moved to find the structure(s) at 2543 French Avenue unsafe, dilapidated, unsanitary or uninhabitable, to condemn said structure(s), and to give the owner thirty (30) days to repair or demolish; if property owner fails to effect such demolition and removal or repair within said thirty (30) day period, the City shall demolish and remove the building and/or structure(s), and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the property. Seconded by Commi~sioner Woodmffand carried by vote ofthe Commission as follows: 19 8 MINUTES REGULAR MEETING MAY 29 2001 City Commission, Sanford, Florida E00014148 Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodraft Aye Commissioner Jones Aye [Commissioner Jones lett the meeting.] Adol~tion of Ordinance No. 3644 to annex .44 acres of !~rol~ertV between West 26th Street and West 27th Street and between Myrtle Avenue and Oak Avenue (200 W. 27a Street); RoseH T. and O!a B. Walker, owners. Reconnnended by the City Manager. Ad published May 16 and 23, 2001. Ordinance No. 3644 was read by title. Mayor Lead reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3644. No one appeared. Commissioner Eckstein moved on the first reading of Ordinance No. 3644, 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, 0.44 ACRES OF PROPERTY LYING BETWEEN W. 26TM STREET AND W. 27TM STREET AND BETWEEN OAK AVENUE AND MYRTLE 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 Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodraft Aye Ado!~tion of Ordinance No. 3645 to annex 2.08 acres of OroOertV between Marquette Avenue and East Lake Mary Boulevard and between Ohio Avenue and Sioes Avenue; 3545 and 3585 Ohio Avenue; Aido and Maribel Acosta and Kraill A. Hudson, owners. Recommended by the City Manager. Ad published May 16 and 23, 2001. Ordinance No. 3645 was read by title. Mayor Lessard reported the Commission would hear from those persons present m speak for, or in opposition to, Ordinance No. 3645. No one appeared. Commissioner Williams moved on the first reading of ordinance No. 3645, 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, 2.08 ACRES OF PROPERTY LYING BETWEEN MARQUETTE AVENUE AND EAST LAKE MARY BOULEVARD AND BETWEEN SIPES AVENUE 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 Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Adoorion of Ordinance No. 3646 to annex .88 acres of orooertv between East 26m Street and WVlIV Avenue and between Sanford Avenue and Poinsetta Avenue; 2605, 2655 and 2656 Grandview Avenue; Morris L. and Janefie L. Hunt, Anne G. Hunter, and Gconle C. and Gvosie Scott Life Estate, owners. Recommended by the City Manager. Ad published May 16 and 23, 2001. Ordinance No. 3646 was read by title. Mayor Lessard reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3646. No one appeared. Commissioner Williams moved on the first MINUTES 19 9 City Commission, Sanford, Florida REGULAR MEETING MAY 29 281 reading of Ordinance No. 3646, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, 0.88 ACRES OF PROPERTY LYING BETWEEN EAST 26TM __ STREET AND WYLLY AVENUE AND BETWEEN POINSETTA AVENUE AND SANFORD AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye --' Commissioner Eckstein Aye Commissioner William~ Aye Commissioner Woodruff Aye Boards: apnointment/reannointment. Civil Service Board. City Clerk Janet Dougherty reported the term of Katheryn Alexander expires on June 30, 2001; she has been contacted and wishes to be reappointed. [Commissioner Jones returned to the meeting.] Commissioner W'dliams moved to reappoint Katheryn Alexander to the Board. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commi~ioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Code Enforcement Board. City Clerk Janet Dougberty reported the terms of Joe Christopher Eades and Russell Lord expire on June 30, 2001; each has been contacted and wishes to be reappointed. Commissioner Williams moved to reappoint Joe Christopher Eades and Russell Lord to the Board. Seconded by Commissioner Eckstein and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willlams Aye Commissioner Woodruff Aye Commissioner Jones Aye Nuisance Abatement Board. City Clerk Janet Dougherty reported the term of Carol Ward expires on July 8, 2001; she has been contacted and wishes to be reappointed. Comn~sioner Eekstein moved to reappoint Carol Ward to the Board. Seconded by Commissioner W'~liams and carried by vote of the Commission as follows: " Mayor-Commissioner Lessard Aye : Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Plmmh~ and Zoning CommiKsion. City Clerk Janet Dougherty reported the terms of Andrew Kutz, Carol " Dennison, and Rami Yose~an expire on June 30, 2001; each has been contacted and wishes to be reappointed. Following a motion to reappoint by Commissioner Williams, which was seconded by Commissioner Eckstein, Commissioner Jones asked if each of the current members had good attendance records. Mr. Marder said that generally they did, and Mayor Lessard observed that attendance records of board members were going to be kept track of by individual staff liaisons to each board. Ms. Troutman asked if she co~d address the Commission from the podlure. Mayor Lessard said that as a general MINUTES REGULAR MEETING MAY 29 2001 City Commission, Sanford, Florida practice, after a motion that has been made and seconded by the Cornnission, no further public input is accepted, but he said he would allow her to address the Commission on this one occasion, Ms. Troutman urged the Commission to look at Mr. Yose~an's conflict of interest issue with regard to the Planning and Zoning Commission, which drew a round of applause from other citizens in attendance. She also said that she believed not only the Historic Preservation Board, but the City, had cited Mr. Yosefian several times for noncompliance. She encouraged the Commission to look into the matter before reappointing Mr. Yosefian to a new term on the Planning and Zoning Commission. Mayor Lessard observed that there was a motion on the floor, and Commissioner Eckstein withdrew his second. Mayor Lessard said that there would be no more public input on the matter. The motion to reappoint all three board members failed for lack of a second. Commissioner Eckstein moved to reappoint Carol Dennison; seconded by Commissioner Jones and carded by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodraft Aye Commissioner Jones Aye Commissioner Woodruff moved to reappoint Andrew Kutz; seconded by Commissioner Jones and carded by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodraft Aye Commissioner Jones Aye Commissioner Woodntff moved to table a decision on Mr. Yosefian's reappointment until records could be reviewed before the next regular Commission meeting; seconded by Commissioner Jones and carried by a vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Waterfront Master Plan Steering Committee. Doreen Freeman, 705 Mellonville Avenue, asked the City Clerk if Jerry Mills had resigned his Waterfront Master Plan Steering Committee appointment at the last regular Commission meeting; Mayor Lessard also requested clarification on the matter. Mr. Marder said that Mr. Mills had resigned only his position on the American Heritage River Committee, and not the Waterfront Master Plan Steering Committee. Ms. Freeman asked than if Mr. Mills' commercial sponsorships would present a conflict of interest with regards to the Waterfront Master Plan Steering Committee. Mayor Lessnard said that Mr. Mills would be obligated to disclose any such conflict, and refrain from votes which involved issues he was otherwise involved in. City Clerk Janet Doughcrty reported the terms of Ed Posey, Catherine Bossert, Sara Jacobsen, Jerry Mills, Jami Meeks and Eliza Pringle expire on June 28, 2001; they have each been contacted and wish to be reappointed. Commissioner Jones moved to reappoint Ed Posey, Catherine Bosseft, Sara Jacobsen, Jerry Mills, Jami Meeks and Eliza Pringle to the Board. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eekstein Aye MINUTES 2 0 City Commission, Sanford, Florida REGULAR MEETING MAY29 281 ,~ Commissioner Willjams Aye Commissioner Woodruff Aye Commissioner Jones Aye Deny application for a Dance Hall license at Sound Waives Entertainment, Inc., 2921 Orlando Drive, Suite 170. The Director of Community Development and the City Manager recommend denial. Mr. Rowe said that the applicant currently holds a license for a retail outlet and a license to operate a sound studio. Commissioner Jones moved to deny the application; seconded by Commissioner Woodruff. Mr. Rowe said that the reason he recommended denial of the application was that Community Development had not received confirmation one way or the other for alcoholic beverage license, so they could not give the Commission information regarding the license. City Manager VanDerworp said tb~t denial was recommended not only for the licensing issue but for health and safety issues revolving around this type of nse on prior occasions. The motion to deny the application was passed by a unanimous vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Authorize demolition of nrooertv at 718 Willow Avenue. Condemnation Report No. 00-08, Rosezella Kelly, owner. Demolition is recommended by the Director of Community Development and by the City Manager. Mr. Rowe reported that the property had been discussed during the April 9, 2001 meeting, where a 30-day extension was granted. No improvements have been made to the property between April 9 and May 29, 2001, no permits have been issued, and no additional extension has been requested, so staff is recommending demolition. Mayor Lessard invited Ms. Kelly or her representatives to speak for, or in opposition to, the demolition. No one appeared. On recommendation of the City Manager, Commissioner Jones moved to demolish property at 718 Willow Avenue. Seconded by Commissioner Woodmff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye First rcadinll of Ordinance No. 3653 to amend the Personnel Rules and Regtflations to authorize the City Manager to approve intradepartmental transfers of positions provided the total number of members of any grade and department remain unchanged. ~ Ordinance No. 3653 was read by title. Mayor Lessard explained that the Ordinance will basically give City Manager VanDerworp more flexibility in shifting personnel, as long as the pay grade and department are uncb~anged. ~ Commissioner Jones moved on the first reading of Ordinance No. 3653, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORID& AMENDING CHAPTER II, SECTION 2.9 (A) OF THE CITY OF SANFORD PERSONNEL RULES AND REGULATIONS TO FURTHER ALLOW THE CITY MANAGER TO TRANSFER AUTHORIZED POSITIONS BETWEEN DIVISIONS WITHIN THE SAME DEPARTMENT WITHOUT AFFECTING THE TOTAL NUMBER OF MEMBERS OF ANY DEPARTMENT; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye 2 0 2 MINUTES REGULAR MEETING MAY 29 2071 City Commission, Sanford, Florida E00014148 Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Adopt Resolution No. 1879 to add one Permit Technician in the Building/Code Enforcement Division of the Community Development Department; recommended by the Director of Building and Community Development and by the City Manager. Resolution No. 1879 was read by title. Commissioner Eckstein moved to adopt Resolution No. 1879, enti~ed: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA TO PROVIDE FOR PERSONNEL-RELATED REVISIONS TO BE INCORPORATED INTO THE AUTHORIZED POSITIONS OF THE "CLASSIFICATION AND PAY PLAN" TO PROVIDE FOR THE ADDITION OF ONE (1) PERMIT TECHNICIAN POSITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING & CODE ENFORCEMENT DIVISION PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Adopt Resolution No. 1878 to officially nine the Page Jackson Cemetery; recommended by the Director of Recreation and Parks and by the City Manager. City Attomcy Colbert said that the cemetery was partially in the City and partially in the County, and that it had been known by the name "Page Jackson Cemetery" unofficially for a number of years. He was asked if a resolution calling for that name officially could be passed, and he said yes; tb_c City doesn't have to own the property to rccognke its historical significance or the name it is commonly referred to. Resolution No. 1878 was read by title. Commissioner Woodruffmoved to adopt Resolution No. 1878, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA OFHCIALLY NAMING PAGE JACKSON CEMETERY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Approve the 2~ Generation "Seminole County 1¢ Local Option Infrastructure Sales Tax" Interlocal A~reement. Recommended by the Director of Engineering and Planning and by the City Manager. On recommendation of City Manager VanDerworp, Commissioner Jones moved to approve the Interlocal Agreement. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Youth Commission r~uest for funds. Commissioner Woodruffmoved to approve the Youth Commission request for funds. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Nay MINUTES 2 0 3 City Commission, Sanford, Florida REGULAR MEETING MAY 29 281 AODrove final Oiat and Development Order No. 01-0006 for Calabria Cove, a 37 lot single family residential subdix4sion at 2200 Oregon Avenue. Recommended by the Plans Review Committee, the Planning and Zoning Commission, the Director of Engineering and Planning and the City Manager. Mr. Marder confirmed that the subdivision met all of the conditiom, and that the Development Order re-grading was in terms of the wastewater flow, and not drainage, for the lots in the subdivision closest to the lake. Mr. Marder said that for these lots, there was a potential elevation chan4~e, but that would be the only change. Mayor Lessard said he was opposed to the 50-foot lots. Mr. Marder said that the lots adjacent to the Kaywood subdivision were 60-foot lots and 50-foot lots were only allowed in PD zoning. Commissioner Eckstein moved to approve the final plat. Seconded by Commissioner Willjams and carded by a vote of the Commission as follows: Mayor-Commigsioner Lessard Aye Commissioner Eckstein Aye Commissioner Willlares Aye Commissioner Woodruff Aye Commissioner Jones Aye Consent A~enda. Commissioner Jones asked about payments made to David Swecney in the amounts of $6,175.00 and $3,485.00. City Manager VanDerworp said he would inform Commissioner Jones what the amounts represented. Commissioner Woodruff asked abunt the approval of the City' s pro rata share of retirement program savings (Item No. 8 on the Consent Agenda); City Manager VanDerworp confirmed that it was a fairness issue, and Mayor Lessard said that the funds would not "be coming out -" of the same kitty." On recommendation of the City blanager, Commissioner Woodruff moved as follows: Approve Agreement with the Central Florida Amateur Softball Association for the Men's Slow Pitch National Tournament September 13-16, 2001. Approve proposal from Ardaman and Associates for hydro-geological services for Twin Lakes well field expansion. Approve payments made during May, 2001. Approve payment of City Attomey' s Statement for the month of May, 2001. Approve agreement with Environmental and Health Integrated, Inc., for Sanford Gasiticatlon Plant Consultant Services. Award bid to Gibbs and Register, Inc. for Collin~ Drive Sewer Rehabilitation, pending receipt of all appropriate contract documents. Approve Youth Fun Day Special Event on Saturday, June 16, 2001, from 8:00 A.M. to 6:00 P.M. in Park on Park. ,-. Approve pro rata share of retirement program savings to all part time regularly scheduled employees authorized by the city' s pay plan. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor-Cormulssioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Jones Aye 2 0 4 M NUTES REGULAR MEETING MAY 29 2071 City Commission, Sanford! Ftorida E00014148 Add-on items. Christmas Extravaganza. On the recommendation of the City Manager, Commissioner Eckstein moved to have the Christmas events in the Sanford Main Street contract turned over to the Downtown Business Association, with the balance of the Sanford Main Street functions remaining the same. Seconded by Commissioner Woodruff. Commissioner Jones stated he objects to the manner in which the request was handled [by the Downtown Business Association]. Commissioner Woodruff agreed with Commissioner Jones, as did Commissioner Eckstein, but Commissioner Eckstein reiterated at the time of his motion that he felt the shift of responsibilities was what was "best for Sanford." Mayor Lessard said that he felt the more people involved, the better, with an effort like this. Again, Mayor Lessard said that he fek he and City Manager VanDerworp had the situation handled at a meeting some time ago. The motion to tum responsibility for Christmas events over to the Dowmown Business Association from Sanford Main Street, Inc. failed after a vote of the Commission as follows: Mayor-Commissioner Lessard Nay Commissioner Eckstein Aye Commissioner Williams Nay Commissioner Woodraft Aye Commissioner Jones Nay 109 South Palmetto Avenue Tow Away Zone. City Manager VanDerworp said that the property had been inspected and was forrod to have a workshop and studio with activities inside the first floor of the building, and the workshop and studio appear to justify the need for the tow away zone. The roll-up door has been established since the building has been in existence. Commissioner Jones said he had no problem with the occupant, Ms. Farrell, having some reserved parking because of her shop and her residence being there; he was against the occupant pulling up perpendicular to the street and blocking the sidewalk with her vehicle. Commissioner Woodruff said that there was no curb from the dry cleaner on down, so olten there would be 6 or 8 cars, including hers, on the sidewalk. Commissioner 'woodruff suggesting placing a curb in front of the property except where her driveway was. Since the offense of parking on the sidewalk is ticketable, City Manager VanDerworp was looking for Commission direction, since the area was not clear as to whether it was a sidewalk or not. Mr. Marder said that the area would he part oftbe Riverwalk project, and they could include this particular property in that plan with parking in front of the roll-up door but not on the sidewalk. Mayor Lessard said that the occupant's access to her property could not be cut off, and agreed with Commissioner Woodruffregarding the recurbing around the property in conjunction with the Riverwalk project. In addition, Commissioner Woodruffcla~~ed that as long as the occupant was parking in compliance with the rest oftbe street parking, that would be fine as long as the sidewalk was not blocked. Doreen Freeman said she had a problem with one person being given special privileges for street side parking, and that is what, in effect, this property will have designated. Mayor Lessard reminded Ms. Freeman that very few people owned old City buildings, and the City would only be affording Ma. Farrell the rights the Fire Station already had. Ms. Freeman said that according to City Code, since Ms. Fartell had changed the structure, her parking rights were not grandfathered in. Mayor Lessard said that the current owner had not changed the structure as far as access. Mr. Marder described the uses observed at Ms. Farrell's establishment and said that it appeared to be a commercial operation as opposed to a shop for Ms. Farrell's hobby. Commissioner Woodraft asked if the area was left as a loading zone, could Ms. Fartell park in the loading zone? City Manager VanDerworp and Mayor Lessard both said no. In MeqUTES 2 0 5 City Commission, Sanford, Florida REGULAR MEETING MAY 29 281 response to a question from Ms. Freeman, City Manager VanDerworp said that a bading zone could eist with a tow away zone at the Commissinn's discretion. Mr. Marder said the current use of the property was Commercial Mixed Use, and that Ms. Farrell was an artist who also did restoration. Mayor Lessard said that Ms. Fartell recently told him that she did not erect the signs, they were there before she occupied the building. At the recowanendation of City Manager VanDerworp, Commissioner Woodm~Ps ideas will be sketched out and Ms. Farrell will be invited to a future Commission meeting for further discussion of the issue. Ms. Freeman said she thought there should be no exceptions to the code, and that it should be examined for clarification on this matter. Information Only. The Police Department Status Report for April 16-30, 2001 was presented and noted. City AttorneV's Report. City Attorney Colbert reported that he was served with a petition earlier today for Writ of Certiorari against the City, filed by Jay Jurie and challenging Ordinance No. 3637, which was adopted by the Commission on April 23'a. The City Attorney plans to respond to the petition unless directed otherwise by the Commission. Commissioner Eckstein asked if Mayor Lessard was monitoring Mr. Colbert' s costs, and Mayor Lessard said that in his opinion, when a Court dismisses a case easily, the City needs to lmow if it can recover costs from citizens who file suits that the Court determines frivolous. Mr. Colbert said he was looking into the matter. ,-- City Cierk's Renort. The City Clerk introduced Rachel Camicclli, the new Deputy City Clerk. City Mana~er's Reoort. City Manager VanDerworp said that he had received word that the City had been awarded $50,000.00 in emergency grant funds for a generator and other accoutrements at the Police Station. Reported he would provide the Commissioners with information regarding the Strategic Planning Session, and said the consultant, Mr. Schreiber, would be meeting with the Commissioners on either June 4m or June 6th individually. June 12m is when the actual strategic planning session is scheduled. City Manager VanDerworp said for the Commissioners to contact Diane if any of the dates were a problem. The City Manager passed down a packet of information with follow-up on R~mi Yosefan' s project with a mama to the Commission from the City Manager, a copy of a memo to the City Manager from Commissioner Woodruffrcgarding his : comments on the project, and a copy of a letter from the Downtown Business Association. He asked the Commissioners to read the packet of information. City Manager VanDerworp also noted that he would be on vacation Wednesday, Thursday, and Friday (May 30- Jane 1 ), and Roger Dixon would be Acting City Manager during that timeframe. Citizen Particination. Andrew Valente said that he had been to the NFPA conference recently, and gave examples of several standards discussed at the conference, including personnel required at fire sites and timeframes for manning the fires. Mayor Lessard told Mr. Valente he would like to get more information on the standards discussed at the conference, and asked if he could meet with him at a later date. 206 MINUTES REGULAR MEETING MAY 29 2001 City Commission, Sanford, Florida E00014148 Doreen Freeman thanked the Commission for the ball field fences. She observed that the meeting minutes were somewhat behind as far as approval, and City Manager VanDerworp explained that a new Deputy City Clerk had just been hired. The City Clerk also said the department had been short staffed. Ms. Freeman asked why the Citizen Participation section had been moved to the end of the meeting. Mayor Lessard said that he felt if someone had taken the time, sometimes literally months in advance, to request being heard on an Agenda, they deserved m be heard first. Ms. Freeman observed that it seemed to her if the Commission wanted citizen participation, the item would be moved to earlier in the meeting rather than later. Mayor Lessard again said that public comment was welcomed throughout the meeting, and not just during the citizen participation portion. He asserted that he set the agenda, and that the move was his decision, that not everyone was necessarily interested in every issue being discussed, and that the forum was open to anyone who chose to stay if they had not scheduled an ugenda item in advance of the meeting. The Mayor reassured Ms. Freeman that he would always accommodate a citizen who wanted to speak, and asked her to let him know if he fell short of that goal. Ms. Freeman observed that no revised agenda was made for something that was voted on, and that she was promised some time ago that all items would be agendized. She did not say which item or items she was referring to, but City Manager VanDerworp addressed the fact that two items in particular had come up during the earlier Work Session that were Untksual, that were not even on the Agenda for the Work Session, and were voted on only because the Commission wanted the issues finalized and decided to vote on them during this meeting. He said they were not issues that lent themselves to being written up in an "agenda' format, and therefore a revised agenda was not made. Ms. Freeman questioned Commissioner Willjams about office space she was using at Brother's Keeper. Commissioner Williams said that she did plan to use the space, hat would not answer any further questions from Ms. Freeman. Mayor Lessard told Ms. Freeman that if any office space was going to be paid for by the City, the Commission would vote on it; to his knowledge, there was nothing pending on the matter. Ms. Freeman asked who purchased the shotgun presented to (Former) Mayor Larry Dale at his retirement as Mayor of Sanford. Both Mayor Lessard and Commissioner Willjams said that City funds were used to purchase the shotgun, and not funds of the individual Commissioners. Monarcha Marcet thanked the Commission for moving ahead with the sidewalks. She tried to reach Mr. Herman ' s assistant, but was not able to contact him. She asked what the status of Work Directires 1, 2 and 3 were, and requested a copy of Work Directire 3. City Manager VanDerworp said that Ms. Marcet could speak with either Tom George or himself with each of these questions, and invited her to call in the morning. Ms. Marcet asked about the status of the street survey being done by an outside consultant, and City Manager VanDerworp again reined her to Mr. George. Mayor Lessard added that he was hoping the City would stay on schedule with the first year sidewalk work, and said Mr. George would he more well versed on the situation. Mayor Lessard also eomplimented the crews, and asked Mr. George to pass it along; Ms. Marcet echoed the Mayor' s sentiments. Jay Jurie also expressed his intent regarding the move of the citizen participation portion of the program, and said that he found Mayor Lessard's move of the citizen participation portion of the meeting '~etolant" and "clearly...designed and intended to discourage" citizen participation, and Mr. Jude suggested that Mayor Lessard should limit the time each citizen can participate if the Commission wanted to take steps to limit the amount of time of citizen participation. MINUTES City Commission, Sanford, Florida REGULAR MEETING MAY 29 Mayor Lessard told Mr. Jude that his intent was certainly not to discourage citizens like himself from speaking and that he had misinterpreted the intention of the portinn's move. (Former) Mayor Dale spoke to some of Mr. Valente's coii~uents regarding persormel required to man a fire and time requirements, and said that all fire stations were well manned and within eight minutes of anywhere in the Sanford/Lake Mary area. Mr. Dale also said that he was concerned about not only Ordinance No. 3647 and its motion, but the Writ of Certiorari, and requested a copy of it. He said he wanted to make sure the motion included not just Site 17, 18 and 22 but an of the properties in the Comprehensive Plan Amendment. Mayor Lessard confirmed with Commissioner Jones that the Commissioner had referenced the Ordinance by number, then made amendments to 17, 18 and 22 only, but that it included all of the properties in the Comprehensive Plan Amendment. The City Clerk confirmed her understanding of Commissioner Jones' motion for Mr. Dale, as did City Attorney Colbert. City Commissioners' ReOorts. Commissioner Eckstein - No report. Commissioner Williams - Wished to thank the City employees for all the support and lovely thoughts given her at her appreciation dinner held recently at the Calvary Temple of praise. She singled out Diane Crews, Phyllis Cn'bson and Arlcme Davison for special thanks for the song they performed at the ceremony. Commissioner Jones - No report. -- Commissioner Woodruff- Requested the status on having Work Session meetings in the Commission Chambers rather than the City Manager' s Conference Room. Mayor Lessard assured Commissioner Woodruff that would be addressed shortly. He also spoke about a letter to the editor of the newspaper regarding the City considering concurrency with schools, and Commissioner Woodruff said although it passed without notice, he would like to go on record as supporting such concurrency. City Manager VanDerworp said he would write a memo outlining different requirements and options the City would have with respect to the concurrency issue. Mr. Marder added that the School Board had been invited to the Planning and Zoning Commission meeting to share ideas for planning in relation to public government growth management plans. Mayor Lessard - Reported the City received a cash offer on Fire Station No. 2 ti:om what appears to be a viable buyer; the street lighting ballot will be out and the Commissioners will be sent a copy ofthe ballot for review. Finally, Mayor Lessard requested a meeting with both the Downtown Business Association and Sanford Main Street to heal some hurt feelings on each side and to set forth some guidelines for future Christmas events beginning early next year. There being no further business, the meeting was adjourned. Mayor "' Attest: City Clerk rc