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082399 ws/rm min.E718672 MINUTES City Commission, Sanford, Florida 3:.30 p.M, WORK SESSION Ausust 23 69 99 The City Commission of the City of Sanford, Florida met in Work Session on Monday, August 23, 1999, at 3:30 o'clock P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Brady Lessard Commissioner A. A. McCIanahan Commissioner Velma H. Williams City Manager Tony VanDerworp City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order at 4:15 P.M. Sanford Airport Authority Financial Report for quarter ending 6/30/99. City Manager VanDerworp reported Staff would review this report and discuss it at the next Work Session. The Commission concurred. Health provider RFP. City Manager VanDerworp reported the Commission had received a spreadsheet showing the current rates for Prudential, the Prudential proposed rates, a high HMO and high co/pay option, and a HMO lo/co and POS 90/70 (offering the employees one. dollar amount and letting them choose between an HMO or POS). Staff reviewed twenty-five governmental agencies to look at the trends, which trends appear to be going toward a higher HMO co/pay and hospital coverage in-patient co/pay. The Central Florida Government Consortium Survey of 1999 shows an average premium for an HMO at $161.07, and an average for employee Point Of Service of $173.92. The City is now looking at between a 12% and 35% increase in premiums. The industry average increase is about 12%. Joe Denaro, Human Resources Director, reported the employee committee recommends the option of allowing the current benefit package to remain unchanged. The committee proposed the City pay $180.80 per employee, which is the rate for the HMO lo/co pay. If the employee chooses the Point Of Service coverage, then he would pay the difference between the $180.80 and the $243.00 additional cost (about $60.00 a month). The advantages of this option are it maintains the status quo in benefit level for the majority of employees, reduces the amount of premium over the proposed Prudential increase, and it offers a 4-tier premium. The disadvantages are some additional cost for those employees who elect the Point Of Service coverage and this option will require an amendment to the Personnel Rules stating the City will pay one premium level for all employee's portion of the insurance and the employees will pay the difference. City Manager VanDerworp recommended the City continue to review the options and possibly go with a HMO high co/pay and POS high co/pay next year, but he is recommending the same option as the committee for this year. Mayor Dale asked what the market trends were as far as other entities paying health insurance for their retirees. Mr. Denaro reported there wasn't a response regarding retirees. City Manager VanDerworp reported, because of the number of market reviews that were done, data is still coming in. Commissioner Eckstein reported that the City needs to address the issue of health benefits for retirees and come to a policy decision. City Manager VanDerworp reported if a decision can 70 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION August 23 19 99 be made by consensus on an option, he will ask for a vote on this at tonight's regular meeting. The Commission concurred to accept the committee' s recommendation and vote tonight to accept the HMO lo co/pay and POS 90/70 option. It also agreed to have Staff continue to research the issue of paying health benefits for retirees. Mr. Denaro reported the Dental Insurance is voluntary on the part of the employee, and is paid entirely by the employee. The City received nine proposals for the dental insurance RFP, and has decided to award the contract to American Dental Plan for the next twelve months. This is at no cost to the City. Proposed donated property for the 13th Street Recreation Complex. Howard Jeffties, Parks and Grounds Maintenance Coordinator, reported that a piece of property in the 800 block of West 18th Street has been donated to the City, and the City Staff has proposed developing this land into a park consisting of five basketball courts, a playground, a covered shelter, restroom facilities and parking. The cost for this development was estimated to be approximately $282,000.00. When looking at the property it was discovered that it was once the site of a gas station, and there was concern about contaminants. At the request of the City Commission, an environmental assessment was done by the owners, and a copy was sent to Bob Walter, the City's Professional Engineer. Mr. Walter reported that contamination was found on the property and 322 tons of contaminated soil was removed and the excavation was left open so the ground water could naturally decontaminate itself. It has now been refilled with clean fill and the last water samples are being done. It is believed that no further clean-up will be required on this site. Commissioner McClanahan reported he had a real concern of being in the chain of title to property that had been contaminated. Mr. Jeffties reported the Staff is looking at grants and donations, as well as other funding, to finance the proposed development of the park. The proposed schedule has been broken into three phases with the first phase costing about $101,405.00, the second phase costing about $137,737.00, and the third phase costing about $48,370.00, for a total estimated cost of $287,512.00. Commissioner Willjams reported that monies from the General Fund should be used, in conjunction with grant monies or other funding available, for parks in this area. City Manager VanDerworp reported that if it were earlier in the process there possibly could have been General Fund money available to use toward this project, but the money has already been earmarked for other parks and projects. Commissioner Willjams reported that she understands the situation for this project, but for future parks in this area General Fund money should be used, as well as money from grants or any other source possible. Mr. Jeffties reported the annual maintenance costs for the initial project would be about $2,500.00, for mowing. Commissioner McClanahan reported he does not have a problem with a park in this area, but he does have a problem with exposing the City to the liability of holding title to a piece of land that may be contaminated. After discussion the Commission concurred to wait for the final test results on contamination showing no further contamination, and the release from DEP, before accepting title to this site, and once title is received Staff will present a proposal for funding to the Commission. Legislative update on House Bill 3075 (Fire & Police Pensions) and additional homestead exemption. Donna Watt, Finance Director, reported that House Bill 3075 (Fire & Police Pensions Funds) does not have anything included in it that needs to be implemented before January 1, 2000. Implementation does not have to occur until June of 2000 because parts of the bill are tied to the State premium tax monies. Ward Foster, who does the annual E718672 MINUTES City Commission, Sanford, Florida 71 3:30 P.M. WORK SESSION August 23 ]9 99 actuarial valuations on all the City's pension plans, has assured the City that there should be no fiscal impact to the City of Sanford. Christiansen & Dehner, legal counsel for the Police and Fire Pension Boards, will be preparing new Ordinances to make any language changes that need to be made in those plans, and those Ordinances will be brought before the Pension Board for approval in either November or February, and then presented to the City Commission for approval. Ms. Watt also reported, regarding the additional $25,000.00 homestead exemption, effective January 1, 2000, people whose income is $20,000.00 or less and who are 65 years of age, can be granted an additional $25,000.00 homestead exemption, by the new legislation. Those people are required to apply for the additional exemption and provide proof of income. She further reported she had spoken with the Property Appraiser's office and was told that the impact on Sanford will be minimal. The City needs to pass an Ordinance by December 1 st if it elects to allow that exemption. The Commissioners concurred to study the legislation further before adopting an Ordinance. Board appointments. City Manager VanDerworp reported there will be several board appointments for tonight' s meeting. Regular Agenda items. Add-on items, and other items. A. Phone system upgrade. City Manager VanDerworp reported that to facilitate the transfer of police communications to the Seminole County SherifFs Office it is imperative to have an "auto attendant" feature by September 15, 1999, to be able to communicate internally and with the public, and to make the phone system Y2K compliant. Recommendation is to use Law Enforcement Block Grant dollars to pay for a new Executone IDS/Digital Telephone System using $22,862.00 of the over $115,000.00 remaining in that fund. This will be voted on tonight. City Manager's briefing. A. Quarterly report. City Manager VanDerworp reported this written report was given to the Commission as information only, and an annual report will be done using the quarterly reports. B. Waiver of Water & Sewer Impact Fees for private schools. City Manager VanDerworp reported a letter has been received from Carlton Henley, Chairman of the Seminole County Board of Commissioners, with a copy of their Ordinance No. 99, waiving connection fees for private schools and public schools. The County found that waiving fees for private schools was in the public interest. The City's bond covenants prohibit the waiver of impacts fees unless specifically outlined by State Statute, which public schools are outlined by State Statute. This is a policy decision, The net impact could be approximately $10,000.00 for a small school, or $50,000.00 for a larger high school type facility. The Commission will consider this at the next meeting. Mayor Dale reported that Diane Crews' daughter, Came, is still in a coma and is in Progressive Care, rather than ICU. The plan is to transfer Came to the Sand Lake Rehabilitative Center this week. Diane has 36.6 hours of annual leave, which she has used since the accident, and she has 559 hours of sick leave. City Manager VanDerworp reported that the City's policy is that sick leave is for the individual, however the decision to pay somebody sick leave for taking care of a family member can be acted upon by the Commission. Mayor Dale recommended that the Commission allow Diane to use her sick leave for family medical leave in the case of an immediate family member and dependent that still lives with them, and a college student. Possibly Diane could do the communications for the Commissioners at home. The Commission concurred and will vote on this tonight. E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION August 23 19 99 City Manager VanDerworp distributed the Engineering and Planning Department' s recommendations for the Hamlet project, and a letter from Reginald B. Lowery regarding reappointment to the Waterfront Master Plan Steering Committee, as additional information for items at tonight's meeting. Charles Rowe reported briefly on Ridgewood, stating only Building No. 2 now has water. Some owners are boarding up their units, and the City is boarding up others, to prevent people from getting in. The second story windows are not being boarded up even though they are broken out. Animal control has taken care of some of the animal problems. If condemnation proceedings are initiated, and someone wished to purchase the units and rehabilitate them, the codes would be applied retroactively and the costs would be substantially more. After discussion the Commission concurred to fast-track the condemnation of these units. The health department has put chlorine in the pool and put a locked fence around it. There being no further business, the meeting was adjoumed. Attest: E718672 MINUTES City Commission, Sanford, Florida 7:00 P~,M. REGULAR MEETING August 23 73 19 99 The City Commission of the City of Sanford, Florida met in Regular Meeting on August 23, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: The Chairman Citizen participation. Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty called the meeting to order. Nell Snow, 176 Woodridge Trail, reported that it was written in the paper that the City had acquired Dunn & Bradstreet reports on Mr. Pazutti and his organization, and also the gentleman at the marina, but had not done one on Mr. Pacitti and his PRA group because the gut feeling was that it would be OK. Ms. Snow reported that the Commission is charged with the fiscal responsibility for the City, and she asked if a Dunn & Bradstreet report has been done on the Pacitti/PRA group. The Mayor reported he has not personally ordered a Dunn & Bradstreet on Pacitti. Ms. Snow reported she thinks it would be wise to do that. It is her understanding that there is one in existence that is incomplete. She also asked if the City has a commitment in writing from a banking institution stating that they will underwrite this hotel/conference center project on the lakefront. Mayor Dale reported the project has not gotten to that point yet, but the City will not proceed until it has that. Ms. Snow stated they will be looking for that. Doreen Freeman, 705 Mellonville Avenue, reported she is confused over the Quarterly Report that was mentioned, but not reviewed, in today's Work Session. She asked if this report came from the City Manager, and City Manager VanDerworp confirmed that it did. She reported she was confused why the Quarterly Report was showing that the conference center referendum was passed during the first quarter, when in fact it was done in November, 1998. City Manager VanDerworp reported the referendum was done in the first quarter of the fiscal year, which began October 1, 1998. Art Harris, 1108 Grove Manor Drive, reported he had heard a lot of talk about how bad the zoning was when the present Commission took office. He reported he had been on the Planning and Zoning Board from 1956 to 1976, and was Chairman of the Board for fifteen of those years. He reported when he was put on the Board in 19.56, the houses that are now being done, were all boarding houses or apartment houses. They had been that way since before the war, and that's what people lived in during the war. In 1946 some of the first houses were built in Sanford on the north si~ of-2Oth Street, and people couldn't understand why the houses were being built so far out of town. Until 1970 or 1980, there were still boarding houses, one in the Historic District where you could eat. The City hired a college professor who was an expert who told the City that the zoning and planning was an evolution and would change every year or so and would have to be updated as it went along. At that time, the Federal Government had a program called Urban Renewal which was a plan to tear down the existing outdated buildings and build new ones, so that the downtown areas would remain vitalized. The area on 3rd Street and south was zoned multi-family as recommended. Some of it was ROMI (sic) and some of it multi-family, as a buffer between the downtown part and the single-family homes. The City was also told that the apartments would bring people downtown to live that would buy from the people on 1 st Street. This never happened. The 74 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 23 19 99 only time the City heard about welfare housing was in the 50's and 60's, and welfare for the affluent house owner did not come until much later, when the Federal law was passed on antique houses so that some people could get some aid from the Federal government to restore the houses. This is welfare just as sure as anything else. One of the things the Planning and Zoning Board did not do was plan for a particular group of people. It always tried to zone for the whole City. Mr. Harris reported that the Mayor had stated all of the problems with the restaurant started when the labor pool was downtown, and the Mayor was correct. All of the people in the Historic District complained because the labor pool was downtown, so it moved out. The people in the Historic District don't care anymore because it is not in their back yard, but it is still in town, right next to another neighborhood and some other businesses in the City of Sanford. This does not seem to be a concern for the City, it is only concerned with what is in the Historic District. One of the other things that the Planning and Zoning Board did, in the early 1960's when they knew where I-4 was going to be, was plan for commercial, offices and light industry on this side of I-4. They also planned for apartments as a buffer on this side of the commercial, offices and light industry. Mr. Harris reported the Commission needs to think about the fact that it rezoned a piece of property for apartments in exactly the same type of location that people are complaining about having the zoning downtown for apartments. Approval of minutes. Commissioner Williams moved to approve the minutes of the City Commission August 9, 1999 Work Seconded by Commissioner Lessard and carried by vote of the Commission Session and August 9, 1999 Regular Meeting. as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearin~ to consider the Sanford Airport Authority's FY legislation. 99/00 Budget. Mayor Dale reported the Commission met in Work Session today on the budget as required by the enabling Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, the Sanford Airport Authority's FY 99/00 Budget. No one appeared. On recommendation of the City Manager, Commissioner McClanahan moved to approve the Budget. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearin~ to consider a proposed change to the Seminole Properties DRI Development Order. Ad published August 8, 1999. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to the proposed change. Jim Willard, Attorney for the applicant, Seminole Properties, reported there were two minor changes to the Development Order that were made in negotiations with the Regional Planning Council and the Department of Community Affairs, since it went to the Planning and Zoning Commission. The changes, as requested by the Department of Community Affairs, are as follows: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 75 23 99 Page 2, paragraph 3, the third line, added the words "external P.M. peak hour directional trips or other project impacts". On TABLE 2 on the second page of Exhibit "A" the example was changed, at the DCA's request, to show what the different land uses would be based on a cover of 10,000 square feet of retail/commercial space. Mr. Willard reminded the Commission this was to bring the Development Order into consistency with the PD Amendment that the Commission approved last November. On recommendation of the City Manager, Commissioner Lessard moved to approve the proposed change to the Seminole Properties DRI Development Order. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye CommissionerMcClanahan Aye First reading of Ordinance No. 3504. to annex 70.41 acres of property lying between Rose Hill Trail extended easterly and Pine Way and between S. Mellonville Avenue and South Sanford Avenue (4045 South Sanford Avenue). Joe Baker, Stephen Baker, Cynthia Baker, John & Marcella Higgins, and Garth & Maureen Meinke, owners. Ordinance No. 3504 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3504. No one appeared. Commissioner Eckstein moved on the first reading of Ordinance No. 3504, 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, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN ROSE HII ,L TRAIL EXTENDED EASTERLY AND PINE WAY AND BETWEEN SOUTH MELLONVILLE AVENUE AND SOUTH 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 Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearing to consider first reading of Ordinance No. 3505 to rezone 70.41 acres of property lying between Rose Hill Trail extended easterly and Pine Way and between S. Mellonville Ave. and S. Sanford Avenue (4045 South Sanford Avenue). Joe Baker, Stephen Baker, Cynthia Baker, John & Marcella Higgins, and Garth & Maureen Meinke, owners. Ordinance No. 3505 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3505. Jay Marder, Director of Planning and Development, reported the Planning and Zoning Commission considered this request last Thursday and the Staff recommendation is based on the Joint Planning Agreement with the Seminole County Commission in which a land use equivalency chart was developed that reflects various land use classifications and planning classifications, such as low density residential, of the different zoning districts that are equivalent in both the City and the County. When Staff reviewed this proposal for Planned Development for 334 dwelling E718~7~ MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 23 99 units they specifically looked at the Land Use Equivalency Chart, recognizing that this site was coming into the City of Sanford, and that a low density residential in the County Plan would be equivalent to the City of Sanford low density residential, albeit there being a slight difference in the density range. Essentially that is why Staff's recommendation is for approval. The Planning and Zoning Commission also had a copy of the traffic study that was done for this site and reviewed the facilities and services. They also heard testimony from a number of individuals. Michael Murray, 1399 West St. Rd. 434, Longwood, reported he is representing the developer of the site. He further reported that the property, under Seminole County Planned Development, is seven units maximum density per acre, not four. The Mayor reported that is if they change the Comprehensive Plan from LDR to PD. Mr. Murray reported they do not have to change the Comprehensive Plan just to amend a project to do a PD on the site. If they elected to stay in Seminole County they could just submit a site PD for up to seven units per acre, and they could generate whatever density they like. Mayor Dale reported he thought they would have to change the LDR Future Land Use Element to PD in order to do that. Mr. Murray said he is not an engineer, he is just going by what he was told, and their records indicate that it is seven units. The Mayor reported Mr. Murray did not have a PD land use classification in the County. Commissioner McClanahan asked Mr. Murray, why, if he can get seven units to the acre in the County, is he annexing into the City and getting on a high tax base for the property owners, if he could do it in the County with no requests. Mr. Murray reported they do not want to do affordable housing, they want to do mid-level housing ($100,000.00 or more); the area facilities are serviced by Sanford; and the benefits of the police and fire, and the mutual benefits to them and the City, justify them coming into the City. With the assistance of Chad Moorehead of Hiler Engineering, Mr. Murray gave a presentation using maps and charts to show how the project would be buffered down to go from medium/high density to low density to suburban. The chart showed where the project is located, and the densities around the area, which range from 6 units per acre to 10 units per acre. The concern from the public of how it would affect the Suburban Estates and the southern part of the property has been addressed by redesigning the site plan. The original site plan showed access to Pine Way and access to Sanford Place, but the new site plan shows the density has been cut by 40 to 50 lots, with no access to Pine Way, a major retention lake over 50% of the bottom portion of the property, a 25 foot buffer and trees, and the entire site will be walled along Pine Way with no access to Pine Way and a complete buffer to Suburban Estates. Also, an excel and decel lane will be put at the entrance to the property, and the property will be walled with a nice entry way. They have lessened the density to 270 lots for this property, and 17 additional lots for Rose Hill. The property has approximately nine acres of park and conservation area, the park is at the back, and the traffic flow will be internal. The refuse collection would be handled by the City of Sanford, and would be paid by taxes paid as citizens. The fire response time is about five minutes. There are three elementary schools that will serve this site, and all three have 20.8 students per teacher right now, about mid-range. Right now the homes in Rose Hill are averaging about $101,000.00 with the average median income about $39,800.00 per resident, and the 69 homes in Rose Hill, with a density of 10 units per acre, will be sold out by fall. There also was a chart listing all the surrounding owners within a three mile area and how this development would affect their taxes. Mr. Murray reported water would be provided by the City of Sanford, but they would not have any aquifer tax. There is availability to recollection of water systems, and this would be used and not drilling wells to address the E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 77 23 19 99 home and the aquifer. There is a lift station and all the sewer would be the City of Sanford's, and any affluence hitting any of the property would be through lift stations and back to the City and would be retreated and refurbished. They saved 100% of the trees that could be saved. They will help solve any drainage problems and the flooding of the property from any effect they have. They feel this will bring up the value of the neighborhood, they are quality people who won't have a rental house, won't have abandoned cars, and there are tough regulations in road fill. Regarding crime, they have three sheriff's deputies and police that live in Rose Hill and they feel the City of Sanford is doing a good job preventing crime. Regarding impact fees, this project will contribute $1,333,000.00 in income to the City of Sanford, and $184,000.00 a year in generated income based on the density they have given. They are at a density of 4.32 on net useable acres, after ten acres were given up for conservation and park. They feel this project needs concurrency, and that they are trying to meet the lifestyle, address the economy, and address all the concurrency problems that would be considered. Neil Hiler of Hiler Engineering, 14 15 West State Road 434, reported one other item along Pine Way besides the twenty-five foot landscape buffer is a six foot brick screen wall. All of the lots that back up to Pine Way have been increased from fifty feet wide to sixty feet wide. The roadway going between wetlands one and two has been eliminated, which allowed a park in the northeast comer of approximately 8.4 acres, and a park-like setting has been retained at the entranceway, where a large pool with a fountain or some kind of waterfall effect will be featured. The stormwater retention pond at the southeast comer is at the lowest end of the site, so the water can nm down hill to the pond, and this will buffer any storm event in the area and allows for the large drainage basin to the north to flow through a 72" pipe which will run down the 20' existing right-of-way from Mellonville Avenue. Turgut Dervish of Traffic Planning and Design, 535 Westside Drive, Maitland, reported the traffic study was done on the basis of 334 units in this development. approximately a 20% reduction in the amount of traffic. Since then the number of units has been reduced to 270, which is The traffic study was done in accordance with the City/County requirements. Access will be by Central Avenue with no drives on Pine Way. Within the required two mile radius all of the major roadways offer a satisfactory level of service (A or B levels) and with the additional traffic from this development the levels of service will not be degraded. Further, there does not appear to be any violations of concurrency in terms of traffic at several major intersections. Mayor Dale reported he has had some ex pane communications with Mr. Murray and Mr. David Alt, one of the potential builders, and with several of the residents who live south of Pine Way, and some of the discussions involved reducing the density (below 4 units per acre, or 260 lots). He further reported the developer has come back with an amended plan eliminating any entrances on Pine Way, showing a 25' landscape buffer from the right-of-way on Pine Way as well as a six foot high brick wall the full length of Pine Way. Also, the retention pond on Pine Way, which goes a long way in keeping the rural character of Pine Way and south intact. The park has been moved to between the weftands which gives an open area in the middle. Marilyn Whitmore, 1805 Pine Way Drive, reported the character of the neighborhood is rm'al, and it is zoned A-1. She distributed photos of Pine Way Drive showing that the area is currently being used as grazing land, and stated it always has been. She reported the homes in this neighborhood are on land from 2.5 acres and up, with most of the homes on parcels of five acres or more. The County zoning restriction of A-1 is one dwelling unit per parcel. The absolute most dwelling units that are allowed on A-1 is one dwelling unit per acre. The future land use for this property in E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 23 19 99 question is low density residential. The developer would argue that since the future land use for this property is up to six units per acre, he is doing his part by amending it to 4.35 units per acre. What he isn't saying is that he is talking about the City's definition of low density, not the County's. She reported they need to talk apples to apples, not apples to oranges. The County's definition of low density residential is from one to four dwelling units per net acre, with a minimum of 25% open space. This means that the land containing roads, wetlands, ponds, etc. are subtracted from the acres, then the remaining acres are used to determine how many dwelling units will be permitted on this property. The City defines low density residential as up to six units per acre gross. That is a big difference, a lot more than just a couple of houses. That is why by looking at the proposed development, you can actually count up to eight units per acre. They want to put homes on sixty foot lots in a neighborhood where the homes are on five acre tracts. At the City Zoning Board hearing members of the Zoning Board were asking Mr. Marder the current zoning restrictions on this property, because they too were concerned about the density of this development. Mr. Marder responded, not with the current zoning restrictions, but with the City's definition of low density residential. He made it sound as if this proposed development was actually below the current land use, because at that time it was 4.5 units per acre (now they have cut it down to 4.35). In spite of this, the Zoning Board rejected the proposed development and suggested one dwelling unit per acre. Mr. Murray told the City Zoning Board that the City was already servicing this area, and that simply is not true. A small piece of land just north of this property, which is Rose Hill, is in the City. Ms. Whitmore distributed pictures of the sign to the Rose Hill development, and two houses within the development. She pointed out that on the sign it says he is selling waterfront property, but in fact there is a drainage ditch in the middle of a circle of houses. To date, twenty-six homes have been built in Rose Hill, and fifteen are currently occupied. This is what the City has been servicing, fifteen homes, not the proposed 287 homes. Mr. Murray also advised the Zoning Board that this section of Seminole County is growing so much, that a 7-11 was being built in the neighborhood. The 7~ 11 that is under construction at the comer of 427 and Lake Mary Boulevard. When the possibility of flooding was raised, Mr. Murray explained that this development would be using City water and sewer and would have retention ponds, and therefore there would be no problems. All of the land in this area is wet. Most of the neighbors, if not all, have artesian wells. They don't need to pump the water out of the ground in order to get it. The water table is so high that the water bubbles up out of the ground. Any time there is heavy rain the properties flood and all of the homes become waterfront property. By asphalting and concreting over this much land, the problem of flooding will escalate. Mr. Murray has explained that the water will percolate through the soil. There are two problems, the amount of soil to absorb the water will have been all but wiped out by the development, and the water table is already high, little will be able to percolate. A soaking wet sponge cannot absorb water. If the answer to this is retention ponds, then look at the photographs of her property after the retention pond just noah of Pine Way overflowed in March, 1998. The retention pond is in the City, and was built in order to take care of the Silver Lake Industrial Park, there are no buildings on the land. Before the City makes a decision on annexing and changing the current zoning of this property, it should consider whether the City has the water and sewer capacity to handle this development. In addition, they don't see any evidence that the current roads can handle the influx of this much traffic. Jerry Matthews of the County Traffic Department has told members of the Home Owners Association that the current roads will not be able to handle the additional cars that are proposed going in here. According to the City Police Department, they are already under-staffed by E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 79 23 19 99 ten officers. Does the City really want to add approximately one thousand more residents in such a small area? The annexation of the property may very well end up costing the City more money than any potential income it may realize from increased tax revenue. Let's be smart, haven't we learned any lessons from Orlando and Orange County where every time a heavy rain falls entire communities flood? Let's develop, but let's do it with some foresight and intelligence. Donna was probably the last serious hurricane we have had in this pan of the state, and that was almost forty years ago. But it's like talking about dying; most people use the expression if they die. There is no question about it, we are all going to die. And, there is also no question that another furious hurricane will come this way, it is only a matter of time. Kathy Vugrincic, 1305 Palm Way, reported she was in attendance and spoke at the P&Z meeting, along with a number of other concemed residents, and they only have a few people who wish to speak. She distributed packets including an agenda of their presentation, along with maps of the former development plan and the surrounding acreage Of five to ten acre plats of the homeowners, and the balance of the area of Brisson sites going further east and three pictures of Rose Hill. In the packet was also a letter addressing numerous issues including crime, natural wetlands, the quality of life, density in the State of Florida (this area is the third highest dense area), the road system, sewage, flooding, potential increase in crime, and the lack of peace and solitude. Everyone in this area now owns horses, dogs, cows, goats and wildlife such as gray fox, osprey, gopher turtles, skink (a tailless lizard) and eagles. There are four main issues of concern. One is the density, they don't feel the previous proposal of seven homes is correct, it should be four homes. They are asking the City to be fair and consistent with the area, one home on five to ten acres and setbacks of 250' from the road. Traffic is another issue, it is a mess when the businesses get out. She drove around and counted the cars in the parking lots of the businesses to see how many come in and out in the moming and in the aftemoon, and this does not take into consideration the airport. The school system is a concem, almost every school is overcrowded and has portable classrooms without 300 plus homes coming in. Ms. Vugrincic also submitted signed petitions. Brian Flynn reported he is a State of Florida licensed civil engineer, and a licensed general contractor, and he designs roads and does stormwater attenuation and land development work. He further reported it has been stated what the future land use is going to be for the area based on the City of Sanford, but currently within Seminole County the area that is proposed to be developed at Westlake is zoned for one site per acre. That is not compatible with the surrounding area. The applicant talked about how compatible the surrounding area was as far as the density issue, but it was a fairy isolated and myopic view. If you look at the tax map, all the areas adjacent to the land proposed for development are more in keeping with what the area really is. The applicant would have you believe that they are in keeping with the area, and it is really not so. Most of the parcels are basically five acre sites, it is very rural (pasture land). Mostof the people who bought in this area did so because they like the rural setting. They are not against the development, but the intensity of the development. They feel the applicant is trying to shoehorn a lot of small lots to get the biggest bang for his buck. He is going to build $90,000.00 to $100,000.00 homes, similar to Rose Hill, so that they can make quick sales. If they went with a lower density with homes of $150,000.00 to $175,000.00 they would be in keeping with the rest of the area. The current sales and market value of the homes in this area is predominantly $150,000.00 or $175,000.00 and going up to $250,000.00 or $300,000.00, depending on where you are looking. This subdivision will change the face and complexion. It will set the standard of quarter or third acre sites, then the next developer will come in, and the rural pasture setting will disappear. Also, the market values of the homes will be somewhat devalued because of the market value of those homes. 80' E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 23 99 They don't feel that the homes or the development are compatible with the area. Also, he secured a copy of the traffic study, and he feels the conclusion seems to omit a little bit of information. The study addresses the intersection of CR427 and Lake Mary Boulevard, and the intersection of Pine Way and Sanford Avenue, but it overlooks the intersection of South Sanford Avenue with East Lake Mary Boulevard, which is probably within about 300 or 400 feet of the intersection of County Road 427 and Lake Mary Boulevard. Currently, based on the traffic study, there are about 29 vehicles per hour in this intersection at peak hours. When they put in the proposed subdivision, this count will go up to a minimum of 170. All the traffic that flows out of this area goes via South Sanford to Lake Mary Boulevard. Currently the County is proposing to put a raised median in there, and there will be no left turn at that intersection. All the traffic volume that is running north on South Sanford Avenue will go to the stop sign at South Sanford and East Lake Mary Boulevard, have to make a right turn, go down to what will be a U-turn, where they can come around and go in the west bound direction on East Lake Mary Boulevard. It seems like too much of an obvious flaw for the traffic study to overlook this intersection. This study was based on two exits onto Pine Way from the subdivision, now those exits have been removed, now everything will be going onto South Sanford Avenue. A stoplight cannot be installed at the intersection because it is in such close proximity to County Road 427, and there has to be in excess of 1300 feet to have traffic signals adjacent to each other. The only real solution is to lower the density of the subdivision so that the traffic congestion at that location is somewhat reasonable, or the County puts in some other road from the noah, perhaps a connection from Mellonville which is against what a lot of people would like in this area. The applicant should be asked to reduce the density at the location and redo the traffic study. Maybe they could have a density of one house per half acre, and a higher market value home. Mr. Dervish reported that intersection was purposely not included in the conclusion of the traffic study because the County felt the critical intersection was 427 and Lake Mary Boulevard. He reported there are planned improvements to the roads in this area (widening) that should further facilitate the traffic flow. Mayor Dale reported even if this is not approved, more studies need to be done on this intersection. Ms. Vugrincic reported she sat there for an hour and fifteen minutes this morning, and this afternoon, and there were 160 cars westbound, 110 east, 120 northbound on Sanford Avenue and 40 coming south on South Sanford Avenue. There were approximately 449 cars parked at work at the businesses in the area. Laveme Cox, 145 Rose Hill Trail, adjacent to the Rose Hill subdivision, reported she did not oppose the Rose Hill subdivision, in fact she encouraged it. It is a very neat, nice looking subdivision with nice little houses around it. She was happy they were going to have some really nice neighbors and people coming in; deputies and lots of nice people. She lives on seven acres on the west side of Rose Hill. Her understanding was that this was to be one home per acre, and she has four children and was thinking of dividing her property so each of her children could build a home. She has horses, dogs, and chickens. She has lived in Lake Mary, Sanford, the county, and she is now living in the county again. She reported those people in the audience have taught the children at school, free of charge without a teaching certificate, when there were not enough teachers to go around. They coached the children in Little League, babysat the children and have done all sorts of things for their community. She asked what their City can do for them. What lthey are looking for is to keep their rural area, they are a different breed of people that move out to the country. Their children play with spiders, they like snakes, and they have extinct skinks right in their area. She reported she is landlocked, and she has a cut foliage business. At the time construction started she lost her complete business. If this is made residential she will have to get a E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 81. 23 19-- 99 parade permit to come out on-her horse, and she will have to hire a clown to pick up the do-do with a shovel, because she will not be able to get her horse to the 500 acre conservation area. Kathleen Clark, 5950 South Sanford Avenue, reported at the P&Z meeting the Board recommended the developer have the County do a traffic study on South Sanford Avenue and the surrounding areas. The developer' s engineer just reported the County is not going to maintain South Sanford Avenue and it is going to maintain South Sanford Avenue and Pine Way. The County told the residents that there is no way the traffic can be handled there, there are railroad tracks, no shoulders on the roads, deep culverts with bridges going over to all of the properties on the right hand side, and it is not something you can just pipe and cover up. She asked if a County study had been submitted to the City. Mayor Dale explained that the County does not do traffic studies, the developer is required to do the traffic study and then the County reviews it. Ms. Clark reported that the City P&Z Committee recommended the County do the study, and they said when the County was willing to widen Pine Way and widen South Sanford Avenue that they would consider looking at a development like this. The thing that is not being looked at is there are two developments going in on Myrtle right now, on the comer of Myrtle and Hester, which is also a very narrow traffic road that is going to go out onto 427. There are probably also some things going out on Beardall from the Airport, so that traffic pattem is also going to be affected. Ms. Clark further reported that the developer said his drainage ditches and his retention ponds would handle any storm, and she wondered if that was from his engineering terminology, or if he actually contacted FEMA or the County and the State emergency management people, because she has contacted those people and they would like to come out. Also, she would like to know if his comments are based on St. Johns Water Management. Her property, in 1998, flooded so severely that it was deemed inaccessible for a month, which meant no emergency vehicles could get on or off the property, and she could not drive her car onto her property. She lives in a 100 year flood plain, and it is not flooding every 100 years. She has over 16 Sand Live Oaks, which generally grow on dry, sandy soil. All 16 of them, which are over 100 to 200 years old, are dead, because of the water that is already coming down to her property based on construction that has been going. on in the area. All of the water flows down to the lake, where she lives. FEMA did have to issue money in 1998 to assist the residents in that area, just from heavy rains. The developer said the ground would percolate, but she put in fence posts and the fence posts float right out of the ground, even on a dry day, if there has been rain within a couple of months. The percolation is not there. Ms. Clark further reported the County put in a new equestrian trail park at the end of South Sanford Avenue, as well as redoing the boat park at South Sanford Avenue, so you don't just have cars coming down this two lane, no-shoulder, very narrow road that the County has already tried to widen and could not without doing major things, but you also have very large boats, airboats, horse trailers and everything else that uses the two parks at the end of the road that were just put in. With the equestrian center being put in, there are signs posted along the road for people to be able to ride their horses and be able to get to the equestrian centers, but you can't safely, even now. This shows that this type of development is not consistent with what the County had planned for this area. Julie Swift reported she is an example of who is investing in and buying in this neighborhood. She bought in this neighborhood a year and a half ago, and she owns five acres on the comer of Mellonville and Oak Way, just south of Pine Way. On her dead-end street, all the properties have been purchased as five acre lots for horses. They are using the land for agricultural purposes. She decided to buy in Seminole County, and in this area, after a year of research, because of the road systems. She drives 50 minutes to work, and her neighbor drives 40 minutes to work in Titusville, but 82 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 23 19 99 they want to live in the area because they want the agricultural use of the land. She understood that the land was being developed as equestrian stables, and that's the way it should be. The property would sell if it were divided into two, three, four and five acre tracts, because that is what people are buying in the neighborhood. St. Johns Water Management is also opening horse trails on the other side of the Greeneway (the east side at the end of Oak Way). Dan Whitney, on Oak Way, reported he does a syndicated radio show (Larry the Cable Guy) on WJRR. He is on about thirty-five stations across the country, and he specifically moved to Sanford because he did not want to be bothered, it is peaceful, he can leave and does not have to lock his door, and nobody bothers him. He feels this whole thing is irritating and pathetic. This is a government of the people and by the people, not of the developer by the developer. The developer can stand here with all his bodies and say this is great for the community, we're going to build these roads, we're going to have drainage, but he is out to make a buck. There is no problem with people wanting to make a dollar, but he does not have to live here. He can build this and say how great it is going to be, but what if it isn't, he does not have to answer for it. We have to live there. Mr. Whitney reported if it tums out to be a big cluster mess he is leaving, and he don't want to have to do that because he loves Sanford and he loves everybody here, they are like family. When the tomado hit, everybody helped everybody out. It is ridiculous that he can stand here and say how perfect it is going to be and that there is not going to be a problem. He said "we saved 100% of the trees that we wanted to save", but you can say you want to save three trees and cut down 97, and say you have saved 100°~ percent of the trees that you wanted to save. His idea of country is not a six foot brick wall. The Commission has the power to stop this guy. Susan Bandon, 3840 South Brisson, daughter of Joe Baker and previous owner of part of the land that is being considered for this development, reported she grew up on this land and has been there in excess of forty years, and the trees are gone, they were obliterated. He did not follow what was supposed to be a plan of saving. Looking at what he did before, the 100 and 200 year old oak and pine trees that was old Florida are gone. They know it is going to change, they do not want to stop development there, she does not want to stop her father, who knows she is here tonight, but there are at least 10 acres of wetlands there; is he going to cover the wetlands, is he going to fill them, is he going to mitigate them and buy wetlands somewhere else? There is a twelve to fifteen foot ditch that runs parallel to Mellonville, one acre over, throughout the whole piece of property, what is going to happen to that ditch? The ditch has been there for probably eighty years, and drains into Pine Way and on down to Lake Jessup. Mayor Dale reported he is going to stay out of the wetlands and fill the ditch, and run a 72" pipe along Mellonville Avenue. Ms. Bandon voiced concern if this pipe will be big enough to replace that ditch. She questioned if the Sanford Fire Department approved just one entrance for access to 370 homes. Mayor Dale reported it had been staffed and approved. City Manager VanDerworp reported one access point would be a code requirement and there has to be wider entrance features to bring vehicles in and out. Mayor Dale reported this is a divided entrance, so it meets the code. A man from the audience reported that the people who were originally going to buy this property had an agreement to buy it at $13,000.00 an acre, and this developer stepped up and offered $20,000.00, without knowing how much it was being sold for. Ms. Bandon reported the 7-11 that is proposed is also owned by her father, and was proposed because the Little Champ across the street was scheduled to close, and it is there because of the Silver Lake extension that is going to be coming in from the Airport, and 427 and the Greeneway. It is not because there has been such an incredible boom in the area. The density is too high, that is not what her family has had all that land out there for eighty years for. She thinks it needs to be developed and it will be developed, and she owns ten acres that will be developed eventually, but not at three and four houses an acre. E718672 MINUTES City Commission, Sanford, Florida 7.- 00 P.M. REGULAR MEETING August 83 23 19-- 99 Peter Baker, 2980 Pine Way, reported Joe Baker told him the land along 427 was just sold to Indian investors, who are going to build a subdivision so large it is going to back up to Sanford Avenue, and they are going to have to build a wall down that. Greg Bandon, Susan Bandon's husband, reported he and Susan own a real estate company which is one of the largest in the Orlando area. His business is to know and to predict what growth is going to be and where it goes. He understand the Commission' s job, and he understands the job of the developer, and that' s how we make the quality of life better, by all working together. Right now he does not see that happening, but the Orlando Sentinel Sunday edition said Seminole County growth was wonderful, the mecca, here we go guys. If you look at what is happening in Lake Mary and Heathrow, and up in that quadrant, there is phenomenal growth, almost out of control growth. People and businesses are coming to that area, and that is what Sanford is looking for. You are trying to attract quality of life type people into this area. He moved from St. Louis in 1983, and lived in Altamonte Springs and in Lake Mary, but they were too crowded. Those places grew out of control, they had no control on their growth. He has heard people talk about Sanford, the good life, and Sanford, the place I want to be. Sanford is a good community, and if you didn't believe it you wouldn't be sitting up there. He is all for developing this area, as is his wife and Joe Baker, but if we let growth be controlled by the dollar we are screwing up. There is an old saying "if you always do what you always did, you always get what you always got". If we want to believe that Sanford is a lower income community, let's have every developer come down here and put ten units per acre, that is what is going to happen. It is the Commissioners' responsibility and they are the ones who are going to have to sleep with it at night. He is the one who is going to have to sit in the traffic, and he will do it, but he knows that he told each Commissioner that he/she was doing it wrong, if this goes through the way it is going. He concluded by saying "be smart, guys, and do it fight." Marilyn Thompson, 1505 Pine Way, reported she and her husband lost their home in the tornado and they are very lucky to be alive. They moved here from a project in Miami in 1989, and she fell in love with the Oak trees. If she had known that someone was going to come in and develop this property, she probably would not have rebuilt after the tornado but sold her property and gone elsewhere. She would like to have speed bumps out there, because occasionally at night the cows gets loose, horses get loose in the road, and they don't want traffic out there. Mayor Dale reported those are Seminole County roads. Leonard Smith, 1304 North Lake Drive, Sanford, reported controversial land use regarding the high density residential in the area of homes on acreage does not commit to a good transitional use. This property is to be annexed into the City from Seminole County, but when all the political dust is cleared, does it lessen the impact? No. Stop and take a good look at what the impact will do to the surrounding value of the homeowners before you make your decision. Schools, roads, police and fire, and all the infrastructure problems cannot be properly addressed when you build homes first, and address at a greater expense later all the infrastructure needs. Look at I-4 if you think you are solving a road problem. You never solved it on I-4, because they are building faster than they are building I-4. Maybe Disney could have put up their monorail system on wood uprights to save money and get the job done faster, so they could have started - earlier, but they planned for the future expansion by visualizing growth and potential for their venture here. The basis for sound investment is good infrastructure planning and then providing solutions for known needs first. Plan for your schools, businesses, transportation, parks and recreation areas, also. They will be less costly and add value to the quality E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 23 19 99 of living in our community. Most developers don't live in Sanford, so when you make a decision, make it for the people; we the people live in Sanford. Michael Skat, 1617 East Second Street, reported he is the Vice-Chairman of Sanford's Planning and Zoning Commission, and he thinks it is important that P&Z did not have the traffic study to review. It was not made available to them, and that is something they have started requesting on all of these developments. Also, it was a unanimous vote for denial, but if the Commission deems it appropriate to do something with this, then he urges that it be sent back to P&Z considering the significant changes from what they originally reviewed. He reported it is only appropriate not to devalue these people's homes by going with any higher density than was originally there when they purchased their property. Commissioner McClanahan reported that since this would be in his district, he would be able to support a one unit per acre density, but nothing more dense than that. Commissioner Eckstein reported for the last four or five years he has taken the stand that he does not want to ruin the rural character of Sanford. Whenever there is encroachment on Sanford's corridors it really concerns him. He agrees that the density needs to be a lot less. He will support the residents. Commissioner Williams asked what the reasons were for the Engineering Department and the City Manager to recommend approval. Jay Marder, Director of Engineering and Planning, reported in looking at the County's plan, since 1991, this property has been designated as low density residential. They rely to some extent on the Joint Planning Agreement which was signed in 1991, which reflects the land use equivalency between the City and County, so when a property annexes into the City of Sanford it is regulated and zoned by the City of Sanford according to the City's zoning and regulations. Sanford is also obligated at its earliest convenient Comprehensive Plan Agreement to amend it into Sanford's Comprehensive Plan. The Commission has the opportunity to not take the low density residential designation literally, it can adjust that based on what is known about the area, and the Planning and Zoning Commission has the ability to do the same in its recommendation to the Commission. However, Staff made a recommendation based on the planning designation that has been on that property for many, many years, and the fact that we do have facilities and services to serve the area, our water and sewer agreement with the County (planning about those facilities provides sufficient water and sewer capacity), and the traffic study submitted by the developer appears to show there is sufficient road capacity in that area. All facilities would be available upon the impact of the development. City Manager VanDerworp reported when he reviewed the plan he noticed there was County LDR of four net and there was City LDR of six gross. He felt it should be a little bit less than six, so when it came in as around four and change he felt that was consistent with the overall long range plan in that area. Commissioner Willjams affirmed with the residents that they would approve the project but they were concemed about the density. The residents said they only wanted one unit per net acre. Commissioner McClanahan reported that four units per acre density is the maximum that is allowed according to the Plan, but that does not mandate that the Commission needs to approve that many units per acre. Mayor Dale reported by negotiating for a twenty-five foot landscape buffer and a six foot brick wall, which is about a $300,000.00 amenity, it would secure a rural atmosphere, but he now understands that the residents would rather risk the one acre lots, which might have a couple of entrances on Pine Way. Somewhere down the road this property is going to be developed, it will not stay as a horse pasture. It will be developed as well as other properties in the area being developed. He was reaching for a compromise somewhere in the middle, reducing the density by about 75 lots; and putting a park in the middle and the retention pond on Pine Way along with a 25 foot buffer; and deeper lots with a $300,000.00 amenity to give it a nice rural feel. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 85 23 19 99 Commissioner McClanahan moved on approval of one unit per acre. Seconded by Commissioner Eckstein. The Mayor reported he probably will vote against that because he feels that is not getting them anywhere. The motion should have been to deny. Commissioner Eckstein withdrew his second and the motion died for lack of a second. The Ordinance was read by title. Commissioner Eckstein moved to deny on first reading Ordinance No. 3505 emitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN ROSE H/LL TRAIL EXTENDED EASTERLY AND PINE WAY AND BETWEEN SOUTH MELLONVILLE AVENUE AND SOUTH SANFORD AVENUE, FROM AG, AGRICULTURAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Mayor Dale announced that the Commission would take a five or ten minute recess. Mayor Dale reconvened the meeting. First reading of Ordinance No. 3506 amending the City Code. Civil Service Board and Civil Service Svstem to expedite certain personnel actions (pay. number of employees in grades and departments, and number of positions) by the adoption of either a resolution or ordinance. Ordinance No. 3506 was read by title. On recommendation of the City Manager, Commissioner Lessard moved on first reading of Ordinance No. 3506, emitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE XIX, OF THE CITY CODE ENTITLED CIVIL SERVICE BOARD AND CIVIL SERVICE SYSTEM, SECTIONS 2-329, 2-333 AND 2-334(a) OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD AUTHORIZING THE CITY COMMISSION TO AMEND POSITIONS BY RESOLUTION RATHER THAN BY ORDINANCE; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Resolution No. 1819 re: adopt new fee schedule for the Utilities Standards and Specifications Manual. Second Edition. Resolution No. 1819 was read by title. On recommendation of the City Manager, Commissioner Williams moved to adopt Resolution No. 1819, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, ADOPTING A FEE SCHEDULE FOR THE UTILITIES STANDARDS AND SPECIFICATIONS MANUAL, SECOND EDITION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 23 19 99 Approve amendment to affreement with GEI Consultants. Inc. increasin~ the budget for Gasi~cation Plant work bv $215,255.75. The City's 12.5% of this increase will be $26,906.97. On recommendation of the City Manager, Commissioner Williarns moved to approve the amendment to the agreement with GEI Consultants, Inc. for the ongoing study required by the EPA for the clean-up. Seconded by Commissioner McClanahan and carried by vote of the Commission as follows: The Hamlet. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye City Manager VanDerworp reported the Commission received recommendations today from Engineering and Planning. The five points in the recommendations include: 1) All development shall be consistent with The Hamlet Preliminary Conceptual Plan dated August 17, 1999; 2) Buffer and landscape treatment adjacent to Brisson Avenue shall include a combination of landscaped berms and brick walls similar to the adjacent New Tribes Mission development on Celery Avenue; 3) Phase 6 Commercial Tract shall be limited to uses permitted in RC-1, Restricted Commercial (Neighborhood Commercial) Zoning; 4) The project shall comply with all Sanford Land Development Regulations; and 5) Streets and stormwater infrastructure shall be private and shall be maintained by the property owners association. He further reported that the substantial changes were the reduction in the number of units, placement of some open space along Brisson Avenue and clearer definition of rental versus owner units. With these changes Staff feels it is consistent with the Oasis plan. George Wallace, 413 West 1 st Street, representing the owner and applicant, reported his client was in agreement with the five point recommendation. He further reported that this is a reduction of 160 units from the 1989 plan approved by the City Commission. In 1989 the Commission approved 572 units for the PD for the Oasis, and there are 418 dwelling units now. His clients lopped the entire third floor off of the multi-family housing which reduced that area by over 100 units. The plan that is before the Commission now is less in every area than the Oasis was. On recommendation of the City Manager, Commissioner Willjams moved to approve The Hamlet Preliminary Conceptual Plan with the Staff comments. the Commission as follows: Seconded by Commissioner McClanahan and carried by vote of Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Board appointments/reappointments. Code Enforcement Board. Janet Dougherty, City Clerk, reported Mary Dale Jones resigned effective July 21, 1999, and replacements are needed for two alternate members. No action was taken. Historic Preservation Board. Janet Dougherty, City Clerk, reported Kimberly Kmett has resigned from the Board. No action was taken. Police Officers' Retirement System - Board of Trustees. Janet Dougherty, City Clerk, reported a vacancy exists on this Board due to the retirement of Ray Bronson. Commissioner Eckstein moved to appoint Chief Brian Tooley. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 87 August 23 19-- 99 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Sanford Airport Authority. Janet Dougherty, City Clerk, reported A. K. Shoemaker's and William Bush, Jr. 's terms expire on September 30, 1999. One of these vacancies was filled by the appointment of Geoffrey Longstaff. Commissioner Lessard moved to appoint Brindley Pieters. the Commission as follows: Seconded by Commissioner Williams and carried by vote of Mayor-Commissioner Dale Aye Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Nay Waterfront Master Plan Steering Committee. Janet Dougherty, City Clerk, reported the term of Reginald Lowery expires August 25, 1999. City Manager VanDerworp reported a letter has been received from Mr. Lowery stating an interest in continuing to serve and his desire to be considered for reappointment. Commissioner Seconded by Commissioner Lessard and carried by vote of the Williams moved to reappoint Reginald Lowery. Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Consent Al~enda. Commissioner Eckstein moved as follows: Declare list of property as surplus and approve sale of said property at auction on September 18, 1999. Approve payments made during the month of July. Authorize renewal of contract for Worker' s Compensation Excess Insurance with Hill, Rogal and Hamilton Company (Broker) and the Hartford Casualty Insurance Company (Carrier), for FY 99/00 at the current rate of.7018 or $.70 per $100.00 ofpayroll. Authorize renewal of Agreement for Worker' s Compensation Third Party Administrator with Insurance Servicing and Adjusting Company (*+ISAC) for FY 99/00, at the current rate of. 165% of payroll. Approve continuation of current water rates for the Midway-Canaan Water Association. Approve Change Order Number 01 in the amount of $23,974.00 for Sanford/Seminole Pool Complex, to be paid from Pool contingency fund. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Approve aereement with Seminole County concernin~ utility relocations - Airport Boulevard. Mayor Dale reported he wanted to be sure the City did not get into some indemnification (garbage) like it did in the past where it indemnified the County on their whole road work project without locates. Paul Moore, Utility E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August 23 19. 99 Director, reported the agreement does include the indemnification language, the difference being this is a City project and not a County project. Mayor Dale asked who the City indemnifies. Mr. Moore reported the language indemnifies both parties, they indemnify each other. Mayor Dale asked if the City is only liable for the utility relocates, and if the City is going to do the work. Mr. Moore reported the City is going to do the work itself, and the County will join in on a small piece of theirs. The Mayor clarified that the City is not indemnifying the County on their portion of their road, and the City is limited strictly to the relocate. Mr. Moore reported the Mayor is correct, but that is not to say that the City won't have an agreement later on for the road part of it, but as it stands the County is joining with the City on utilities. Mayor Dale asked why the City would ever indemnify the County on their road project. Mr. Moore agreed with the Mayor, but said he is speaking about future projects, and he repeated that all this speaks to is the utility portions for a section of Airport Boulevard. City Manager VanDerworp reported the issue is understood and this agreement is written to take care of the issue. The City is in charge of this contract, and when it piggybacks on any other County contract there is language included to cover the City under that scenario. Commissioner Eckstein moved to approve the agreement with Seminole Seconded by Commissioner Williams and carried by vote of the County on the Airport Boulevard utility relocates. Commission as follows: Add-on items. A. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye City Manager VanDerworp requested approval of Prudential as the health provider using the HMO lo/co and the POS at 90/70, with a base rate for all employees of $180.80. This is being considered tonight to give the employees proper notice and sign-up sheets because this is a major change from our current program. Commissioner Lessard moved to approve Prudential as the health provider as stated by the City Manager. Commission as follows: Seconded by Commissioner Eckstein and carried by vote of the Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Nay Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Lessard reported the Commission is voting on this with the caveat that it needs to find a solution to containing costs in the future, this is a serious issue. Mayor Dale reported Staff will continue to look at this issue. Joe Denaro, Human Resources Director, reported Staff will continue to do research into cost containment. Commissioner Lessard reported he did not feel that co-insurance (20/80) is an option. He also asked if Blue Cross/Blue Shield had been considered. Mr. Denaro reported Blue Cross/Blue Shield did not respond to the City's RFP. Mayor Dale reported insurance for retirees is another issue that needs to be reviewed further. B. City Manager VanDerworp requested approval of American Dental for dental insurance coverage. Commissioner Eckstein moved to approve American Dental. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida 7:0O P.M. REGULAR MEETING August 23 19 99 C, City Attorney's Report. No report. City Clerk's Report. No report. City Manager's Report. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye City Manager VanDerworp requested approval of improvement of the phone system (upgrade) for the Sanford Police Department, to be paid for out of Law Enforcement Block Grant Funds, and is needed to switch over the communication business and have coverage. Commissioner McClanahan moved to approve improvement of the phone system. Seconded by Commissioner Lessard and carded by vote of the Commission as follows. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye City Manager VanDerworp requested approval of Diane Crews' use of sick leave to care for a family member living at home, under family medical leave. Commissioner Eckstein moved to approve the use of sick leave. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Reported he has received a request from the Tri-County League of Cities to complete a questionnaire regarding legislative priorities, which is due September 1. their input. Once he has read it he will be contacting the Commissioners for There will be an open house to discuss the road widening project on Sanford Avenue on August 26 at the American Legion Post on Sanford Avenue. Citv Commissioners' Reports. Commissioner Eckstein - No report. Commissioner Willjams - Reported the citizens of Midway would like someone appointed to the Airport Authority from their area in order to have their needs and concerns communicated, in view of the fact that other communities are complaining about the noise that they have contended with for years. They feel all of the communities in the area should share in the discomfort, and they are concerned decisions are being made that would direct the traffic more towards where they live. Also, they would like to meet with the most appropriate person to find out what the projections are for the Airport. Mayor Dale reported they can call him and he will set up a meeting at the Airport, give them a tour of the Airport, put them in touch with the appropriate staff, and address their concerns. 90 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING August Commissioner Lessard - No report. Commissioner McClanahan - Attended the Florida League of Cities. He reported there are over 400 incorporated toms in the State of Florida, and 67 counties. He would like to see Sanford rejoin the National League of Cities, which they were a member of for years. City Manager VanDerworp reported, according to the paperwork he had received, the regular rate of dues for a City the size of Sanford it $2,381.00 per membership, but right now there is a 50% off deal at $1,190.00 per annual membership. The reason the City dropped their membership was because the cost for membership in the Florida and the National League, including conferences, etc., was exceeding $10,000.00 a year. City Clerk, Janet Dougherty, reported it was felt the National League dues were too high. City Manager VanDerworp will look into the advantages and disadvantages of membership in the National League and report back to the Commission. Mayor Dale - No report. There being no further business, the meeting was adj ourned. 23 19. 99 Attest: mr