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112299 ws/rm min.176 E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION November 22 19. 99 The City Commission of the City of Sanford, Florida met in Work Session on Monday, November 22, 19,c 9, 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. McClanahan Commissioner Velma H. Willjams City Manager Tony VanDerworp City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Mayor Dale presented Thomas Kelly with the Employee of the Month Award for November, 1999. Job Growth Incentive for The Sharma Group of Industries, Inc. City Manager VanDerworp introduced Tracy Grygiel from EDC, Jeff Brown from EDC, Bob Turk of the Seminole County Economic Development Department and Guy Neff from Holland and Knight. Charles Rowe, Director of Community Development, reported The Sharma Group, specifically the Unicell Paper Corporation, is looking to comple'e a project to be located in either Houston, Texas; Charleston, South Carolina; Jacksonville, Florida or Sanford, Florida, as well as a project in Trinadad. This 82,000 square foot manufacturing facility, on 15 acres, would create approximately 73 jobs, with an annual salary of $33,000 and a capital investment of $22.8 million. A incentive of $2,000 per job, or $140,000 total, is proposed, as well as waiving building/permit fees calculated at approximately $39,000. Tracy Grygiel reported this same issue will be voted on by the Seminole County Board of County Commissioners tomorrow, contingent on the Sanford City Commission's approval today. She further reported The Sharma Group is a South African company that has been in business for 30 years, with facilities in South Africa, Zambia Swaziland, Botswana, United Arab Emirates and the United Kingdom. The first United States facility will be a compan~ called the Unicell Paper Corporation. The company will produce tissue paper parent rolls, and sell them to converters to produce consumer useable products (tissue paper, facial tissue, toilet tissue, paper towels, etc). The Company is also looking at locating in Puerto Rico or the West Indies. Ms. Grygiel reported Sanford is the preferred location, with the potential to double in size within five years. They plan to be in operation in January, 2001, with 70 employees, with the potential to add another 40 jobs in phase two within the five years. This is an international company which would give Sanford a lot of global exposure, and it would diversify the local economy. They would be using local contractors and suppliers to construct the $5 million project, and they will be a large consumer of electricity, gas, sewer and water (about $2.4 million a year). They would be paying about $500,000 in property taxes per year and the high wage, average, jobs would provide about $2.8 million in payroll per year. They would provide local residents the opportunity to train for hig?~ scale/high wage jobs. Ms. Grygiel also reported the County would do the 20% local match ($42,000) that is required for the State Qualified Targeted Industry Program ($2 10,000), or $3,000 per job. $137,000 is proposed in additional Job Growth Incentive funds from the County, bringing the County's total package to $179,000., matching the City's input. The total package from the State and local levels would be about $526,000. The Qualified Targeted Industry portion would be paid E718672 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION November 177 22 19-- 99 m back in four year increments. City Manager VanDerworp reported the City would require a surety on the project which would cover the entire project, and would run until the proposed pro forma on the project is completed. The City's payout would be over a two year period. Mayor Dale reported this is a clean industry, which will not emit a foul odor. Commissioner Willjams reported she would like consideration given to hire approximately 70% of the personnel for this company from Sanford, possibly securing job descriptions ahead of time and giving Sanford residents the opportunity to train and be qualified to fill the positions when they become available. Parking on city parkways. City Manager VanDerworp reported, because several questions were raised in regard to how this program would be implemented if adopted, Chief Tooley prepared a draft implementation policy, which the Commission received. This draft policy states the program will be complaint driven and includes notices to owners/operators and the towing of vehicles. A proposed Ordinance change would amend and clarify the definition of "Parkway". Police Chief Tooby reported they would start with a strong enforcement policy and modify it as the Commission desires. City Manager VanDerworp reported if this program is implemented, the public will be informed of the new enforcement policy. After extensive discussion the Commission concurred to give 48 hours notice instead of 24 hours, the program will not be only complaint driven, it will be unilaterally enforced, and to vote on this tonight. Revise platting requirements (easements). City Manager VanDerworp reported that the Planning and Zoning Commission unanimously recommended the changes to the final plat requirements and easement sections of the Land Development Code. This will provide better flexibility in getting easements where the City desires them to be. Mayor Dale reported the City would like to encourage all utilities to locate in front yards. This will be considered on first reading tonight Regional Transportation Authority. City Manager VanDerworp reported the City has received a request from Wayne Rich for consideration/ direction/endorsement of forming a regional transportation authority. This would be patterned after other metropolitan areas in the country. It would have financial power allowing a sales surtax for transportation authority purposes. There would be no elected officials on this authority board. Mayor Dale reported this was brought to the Metropolitan Planning Organization and it was decided that each representative on the board would take it back to their respective peers for opinions and comments. He further reported this might jeopardize the County sales tax that was passed about ten years ago. Also, this is a regional instead of a County transportation authority. After discussion the Commission concurred to provide any comments they have on this issue to the City Manager, who will report back to Mr. Rich. Board appointments. City Clerk Janet Dougherty reported there is a vacancy on the Nuisance Abatement Board, and a vacancy on the Waterfront Master Plan Steering Committee created by the resignation of Kay Bartholomew. Regular Agenda items. Add-on items. and other items. A. Job Descriptions. City Manager VanDerworp reported several job descriptions were approved by the Civil Service Board, but upon review the descriptions for the Maintenance Worker I and Equipment Operator I positions should be modified. The Maintenance Worker I minimum qualifications should state that applicants not holding a high school diploma or GED may be required to obtain such within a specified time from date of hire. The Equipment Operator I 178 E718~72 MINUTES City Commission, Sanford, Florida 3:30 P.M. WORK SESSION November 22 19-- 99 minimum qualifications should state minimum one (1) year's experience in the operation and routine maintenance of moderately heavy trucks or similar equipment and HSG or GED. (Sufficient experience in the operation and routine maintenance of moderately heavy trucks or similar equipment may be substituted for HS Diploma or GED). These changes, and the other job descriptions approved by Civil Service, will be voted on tonight as part of the consent agenda. City Manager's briefing. A. Kurtz driveway replacement. City Manager VanDerworp reported the City, upon recommendation of Staff, put a patch on the driveway instead of rebuilding the driveway as - requested. Jerry Herman, Public Works Director, reported when Mr. Kurtz appeared before the Commission in March to request relief the Staff determined the problem was caused because of the way Mr. Kurtz's house and driveway had been constructed. Staff proceeded to put a "lift" between the driveway and the road and this seemed to resolve the elevation problem with getting Mr. Kurtz's car in and out of the driveway. Mr. Kurtz iS now requesting the City replace his entire driveway. Mayor Dale reported Mr. Kurtz's driveway would not meet the City's LDR standards today for the slope and steepness of a driveway. Mr. Herman reported part of the problem is the type of vehicle Mr. Kurtz owns. The consensus of the Commission was that any further repairs or replacement of the driveway is the responsibility of Mr. Kurtz, and to inform him of the same. Rescue Church of God Ril~ht-Of-Way Use Agreement. City Manager VanDerworp reported the City Commission approved a Right-of-Way Use Agreement in 1996, with Rescue Church of God, to allow them to pave the City right-of-way across the street from their church for parking. The property owner across the street, Margaret Jones, is suing the Church and the City because of the parking. The Right-of-Way Use Agreement gives the Church the authority to park across the street. The Agreement also states the Church agrees to hold the City harmless, and will indemnify the City and take care of its costs in law suits, and/or gives the City the authority to rescind the Right-of-Way Use Agreement and order the right-of-way to be restored. The City Attorney has been in contact with the attomey for the Rescue Church of God, and the City has expended approximately $3,000 in legal fees to date, and it has been determined that the City can either continue the law suit, terminate the agreement and require the Church to restore the right-of-way to its former condition, or require the Church to honor its commitment to indemnify the City and reimburse the City for all attorney costs, past and future, resulting from the Right-of-Way Use Agreement. Commissioner Willjams asked if the City had done anything illegal by granting the Right-of. Way Use Agreement, and how we know the attorney for the Rescue Church of God actually does represent the church. Mayor Dale reported the City had not done anything illegal, but had acted irresponsibly. City Attorney. VanDerworp reported the City has attempted to contact Richard Burke of the Rescue Church of God, as well as the attorney for the Church, but has received no response. Janet Dougherty, City Clerk, reported that City Attorney Bill Reischmann had written letters to Mr. bouglas, and if Mr. Douglas were not the attorney for the Church he would have responded to A~iSmey Reischmann E718672 City MINUTES Commission, Sanford, Florida 3:30 P.M. WORK SESSION November 179 22 1999 saying he was not defending the Church in this issue, and naming the person who should be contacted. Mr. Douglas never responded. Oscar Redding, a member of the Rescue Church of God, reported neither he nor his pastor were aware that this Right-of-Way Use Agreement existed, and that he had spoken to a paralegal in Mr. Douglas's office and was informed that the work he had done for Rescue Church of God in the past was through the State (pro bono), and he was not the attomey of record for the Church. Mr. Redding reported the Church does not have the money to indemnify the City, but they want to do what is right. It would probably cost just as much to tear it up and put it back to its former condition. Commissioner Willjams requested that the City Manager sit down with Mother Weaver (the pastor) and the Board of the Rescue Church of God, explain the situation to them, and see if an agreement can be reached. After discussion the Commission concurred to hear anyone tonight who wishes to speak to this issue, and then decide whether to defer the vote until the Church can be more informed and has a chance to come up with a solution. (Mayor Dale left the meeting briefly and returned.) C. Boys & Girls Club Lease. City Manager VanDerworp reported the Commission had concurred this was a good use of the building, but it wanted to ensure there was quality programming. He has determined four or five requirements that should be drafted into a new lease, and he will have those requirements written into a lease, have Commissioner Willjams review it, and bring it back to the Commission. D. Ridgewood Villas - status report. City Manager VanDerworp reported the City is proceeding with notification of the owners and moving forward on this issue. E. Hotel/conference center feasibility studv. City Manager VanDerworp reported he has received and reviewed proposals received on the RFP, and he will make a recommendation under the City Manager's Report at tonight's meeting. City Manager VanDerworp reported there is a 5:00 p.m. quarterly meeting of the General Employees Retirement System today. There being no further business, the meeting was adjourned. Attest: mr 180 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 2~9__ 99 The City Commission of the City of Sanford, Florida met in Regular Meeting on November 22, 1999, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Larry A. Dale Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Brady Lessard Commissioner A. A. McClanahan Assistant City Attorney Catherine Reischmann City Manager Anthony VanDerworp City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Citizen participation. Doreen Freeman, 705 Mellonville Avenue, reported there is a sign at the edge of Fort Mellon Park which has been broken and needs to be removed or repaired before someone gets hurt. Mayor Dale reported it will be repaired. Ted Kurtz, 105 Grovewood Avenue, reported he was informed that the City would not do anything further to remedy the problem with his driveway, and it was his responsibility to replace the driveway if that is what he decided to do. He wanted to know how the City can create a problem, attempt to rectify the problem, make a mess of it and refuse to take responsibility. City Manager VanDerworp reported the City did a pilot program but the whole driveway needs to be repaved at a grade that is compatible with today' s subdivision standards for grading of driveways. Mr. Kurtz reported he was told that concrete would be used to make the repairs. Mayor Dale asked Mr. Kurtz to call him and discuss with him who told him concrete would be used. Approval of Minutes. On recommendation of the City Manager, Commissioner Lessard moved to approve the minutes of the City Commission November 8, 1999 Work Session; and November 8, 1999 Regular Meeting. 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 Hearinl] to consider Appeal of Denial, by the Planning and Zoning Commission on September 16, 1999, of a Dimensional Variance request for reduction in off-street parking required for restaurant and food distribution, located at 407 W. 4th Street. Jean Metts, applicant. Ad published November 12, 1999, applicant notified October 29, 1999, property posted November 1, 1999. Jay Marder, Director of Engineering and Planning, reported the Planning and Zoning Commission, on September 16, considered and denied a request for a Conditional Variance for off street parking requirements for a restaurant. The applicant requested an Administrative Appeal on September 16. He reported the City Commission has received all ~he paperwork regarding this Variance and Appeal, including an excerpt from an attempt at verbatim minutes from the Planning and Zoning Commission meeting of September 16, 1999 regarding this issue. Ms. Metts also handed Staff some notes after the Planning and Zoning Commission had rendered its decision which were not provided to the City Commission. The City Commission has the authority to reverse or affirm wholly or partly, or modify, the decision of the CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION TO DENY THE REQUEST FOR A VARIANCE TO VARY ONSITE PARKING REQUIREMENTS FOR A RESTAURANT AT 407 WEST FOURTH STREET, SANFORD, FLORIDA The City Commission, based upon the clear and convincing evidence contained in the record before the Planning and Zoning Commission (hereinafter referred to as "P&Z"), makes the following FINDINGS OF FACT and CONCLUSIONS OF LAW and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 407 West Fourth Street, Sanford, Florida is located in an SC-3, Special Commercial Zoning District. (2) That the Applicant, Seminole Volunteer Enterprises, Inc., sought a dimensional variance from the off-street parking space requirements, which requires the approval of the P&Z in accordance with Article III, Section 3.11, Dimensional Variances, Part B, of the Sanford Land Development Regulations. (3) That on September 16, 1999 the P&Z denied the variance request. (4) That the Applicant filed an appeal of the P&Z decision to the City Commission. (5) That the City Commission heard the testimony and reviewed the documentation presented to the P&Z regarding the standards for consideration for dimensional variances on November 22, 1999. CONCLUSIONS OF LAW (1) The City Commission finds that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same zoning district. (2) The City Commission finds that the special conditions and circumstances did not result from the action or negligence of the Applicant. (3) The City Commission finds that granting the dimensional variance requested will not confer upon the Applicant any special privileges denied by the off-street parking regulations to other lands, buildings or structures in the same zoning district. (4) The City Commission finds that literal interpretation of the provisions of the off-street paving regulations would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the off-street parking regulations and would work unnecessary and undue hardship on the Applicant. (5) The City Commission finds that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. (6) The City Commission finds that the granting of the variance will be in harmony with the general intent and purpose of the off-street parking regulations and that such variance will not be injurious to the area involved or otherwise detrimental to the public interest or welfare. (7) The Applicant shall comply with the condition set forth in this dimensional variance, which is that the Applicant limits seating in the restaurant to one hundred (100) people at any one time. Should the Applicant violate this condition, the applicant will be held to be in violation of this Order, and this Variance will be revoked. Page 2 of 3 ORDER THEREFORE, it is ORDERED that the September 16, 1999 decision of the P&Z is overturned. The Applicanrs request for a variance of the off-street parking space requirements is approved with the condition that the Applicant limit seating to one hundred (100) people at any one time. DONE and ORDERED this day of (~yL(x'~ ,2000. Whitey Eckstein, Vice Mayor I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U. S. Mail to Jean Metts, Director, Seminole Volunteer Enterprises, Inc., 407 West Fourth Street, Sanford, FL 32771 this ~ day o~ ,2000. i:\cdr\cities\sanford\metts-fof&cohdrlPage 3 of 3 E718672 MINUTES City Commission, Sanford, Horida 7:00 P.M. REGULAR MEETING November 181 22 19 99 Planning and Zoning Commission, and they may make any necessary further order, requirements, decisions or determinations respecting the subject of the appeal. Staff recommendation is to affirm the recommendation of the Planning and Zoning Commission. Assistant City Attorney Catherine Reischmann reported the hearing at the Planning and Zoning Commission level was a quasi-judicial hearing. The issue before this Commission is whether the Planning and Zoning Board's decision was supported by competent, substantial evidence. That decision was based on the fact that there was not sufficient evidence under the six guidelines for the granting of a dimensional variance. Those six guidelines are: 1 ) Special conditions and circumstances exist which are peculiar to the building involved and not applicable to other buildings in the same District. That means its unique circumstances and the proof that the entire neighborhood is unjustly affected by a zoning restriction would not be sufficient under this particular provision; 2) That the special circumstances here did not result from the action of the applicant, such as spending money to try to accomplish the use in mind knowing that there was potentially a restriction on the use; 3) That this won't grant any special 'privileges denied to other buildings. The standard is not whether variances have been granted to similarly situated applicants, that is not our issue today. The applicant was required to present evidence of other applicants asking for a similar variance in order for that to be a question today, and the Commission must look at what evidence is presented. This applicant had the burden of proof; 4) Whether this would work an undue hardship. Courts interpret this provision to mean whether any reasonable use could be made of this property absent the variance; 5) Is this the minimum variance that will make possible a reasonable use of the land? Have all options been investigated to determine whether parking can be obtained by other means, such as an agreement with the railroad or a right-of-way use agreement with the City, and other types of possibilities? The Planning and Zoning Commission did hear some testimony on that issue; 6) That the grant of the variance will be in harmony with the general intent of the Ordinance, and that the variance won't be injurious to the area or detrimental to the public interest. The Planning and Zoning Commission looked at evidence of traffic flow problems caused by inadequate on-site parking, and evidence of possible unsightly clutter. The applicant did present some testimony that she would hold her parking to only 50 spaces, and her seating to 125 (but this is not an agreement which has been received). Under this standard the Commission can look at a wide variety of evidence to determine the impact of this variant use. Is this use going to harm surrounding land owners? The variance must be in the public interest. Attorney Reischmann further reported this is an appeal, and under the City's appeal provision it looks to the evidence presented at the Planning and Zoning Commission meeting, therefore, if someone spoke at the Planning and Zoning Commission meeting, and wishes to reiterate their testimony, the Commission may hear that testimony. Someone who did not speak at the Planning and Zoning Commission meeting would not be in the record of the Planning and Zoning Commission meeting and could not speak today. The City Commission has the authority and the right to reopen the entire matter and open it up to all new testimony, but this is in the nature of an Appeal and the Ordinance does provide that the City Commission only look to the evidence and testimony presented at the Planning and Zoning Commission meeting. Jean Metts, 4601 Orange Boulevard, Lake Monroe, Director of Seminole Volunteer Enterprises, reported she feels they did meet the standards for consideration for dimensional variances. The minutes of the Planning and Zoning Commission meeting reflect that she read from a document as follows: This building was built in 1916, it was a wonderful structure, etc. She was not reading from it verbatim, but put in other adjectives. Mayor Dale reported if she wanted to 182 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 22 19-- 99 read from something tonight it would have to be from the minutes. She continued to read from the minutes as follows: 1) The building was built in 1916. On the east of the building and the south of the building the railroad tracks come right up to the building, where boxcars could be off-loaded into the building. It was originally built to be White's Wholesale Grocery Distribution Center. That was before we had all the Winn Dixies, and the Morn and Pop Groceries. Currently the site is being used in the same way, except it is filled with USDA food commodities. One of the things about the location of the building is that presently railroad right-of-way goes from 25' from the middle of the tracks out on both sides, usually about a 50' right-of-way. Of course, if this was the case with this building, then the railroad fight-of-way would be going under the building. So our building is sitting on its own property. There is still part of rails in place at both of these ends of the building and they don't connect to any other rails. 2) That special conditions and circumstances did not result from the action or negligence of the applicant. We got the building to do the food commodities. For clarification, on the agenda it says she is asking for reduction in off- street parking required for restaurant and food distribution; it was her understanding it was for restaurant parking only. Mayor Dale reported that is not part of the record of the Planning and Zoning Commission, but just a title for this issue on the City Commission agenda. He further reported the Commission understands this is a request for waiving the parking requirements for a restaurant, not a food distribution center. 3) Granting the dimensional variance requested will not confer upon the applicant any special privileges denied by this ordinance to other lands, buildings or structures in the same Zoning District. She continued to read as follows: A restaurant is a permitted use. It would not confer any special privileges because it is a permitted use. 4) Literal interpretation of the provisions of the Ordinance would deprive the applicant of rights commonly enjoyed by other properties in this same Zoning District under the terms of this Ordinance and would work unnecessary and undue hardship on the applicant. Ms. Metts reported she had referred to a parking study of November 20, 1997, and she reported the recommendation was that the parking within the entire SC-3 Zone with buildings constructed prior to the adoption of the City' s current Land Development Regulations of 1988 would be exempted from parking requirements. Mayor Dale reported the parking study she referred to was not adopted officially by the City Commission. Ms. Metts reported it was a downtown special commercial district working group draft recommendation on November 19, 1997. Commissioner McClanahan reported that not only was he on that Committee, but he was also on the City Commission in the 1970's when the SC-3 Zoning was created, particularly because there was not adequate parking in the downtown area, and in order to occupy the buildings and get businesses in them, the Commission felt it was necessary to eliminate the requirement for everybody to go to off street parking, it was not practical. When he was on the Planning and Zoning Commission it reviewed the decision previously made by the City Commission and concluded that there was still inadequate parking, and special exceptions must be made, in almost every case, of the buildings being occupied, and designed for some particular use. Mayor Dale reported the SC-3 Code for parking states if you are within 800 feet of a City owned official parking, you may use that. Ms. Metts reported there is paved parking within 800 feet of her building at the Jaycee Park. Assistant City Attorney Reischmann reported that is outside the record. Ms. Metts reported an Ordinance in 1957 provided if your facility is within 800 feet of a public parking area, you did not have to meet any parking requirements. Commissioner Lessard reported that is not in the record, it is not paved. Mayor Dale reported what is not paved is the. portion which was supposed to be paved with concrete in the 1970's by Jones Electric Company, and it was E718672 MINUTES City Commission, Sanford, Horida 7:00 P.M. REGULAR MEETING November 22 19-- 99 never done. Commissioner McClanahan reported the City has waived, on numerous occasions, the concrete covering of parking areas, specifically to leave the ground so it would percolate water. This was an isolated case. Mayor Dale reported that is assuming this Commission decided to set aside a private park for public parking. At the request of the Mayor, and the assurance of the Assistant City Attorney that the Land Development Code is a part of the record, Jay Marder, Director of Planning and Engineering, read into the record the Ordinance referring to the 800 foot requirement for waiver as follows: "Provided, however, there shall be no off street parking space requirements for non-residential uses of 1000 square feet or less, when such uses are located within 800 feet of an off street parking area owned by the City of Sanford, and when such uses are located in an SC-3 Special Commercial Zoning District." Ms. Melts reported her building was 8000 square feet. 5) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building Or structure. Ms. Metts reported that the minutes reflected the ordinance says that you should have 50 spaces, instead, she could provide 14 with a variance of 36, and what is more correct is that she can provide 36 with a variance of 14. There are 14 spaces on the noah side of the building. Mr. Marder reported the ordinance requires .4 parking spaces per seat (based on the customer capacity of the building). The customer capacity of Ms. Metts' building is 200. Mayor Dale stated that the way the City Ordinance reads today, her building requires 80 parking spaces. Ms. Metts reported Mr. Marder had told her 50. Mayor Dale reported that was because Ms. Metts stated she would voluntarily limit the number of seats to 125. Ms. Metts reported that the minutes state she said the seating capacity would be 200 at one time, which means 200 per evening, not that all 200 will be served from 7:00 to 7:30, just as all 1,200 do not come at 10:00 on Monday morning; they come in two days, and that is also stated in the record. 6) That the grant of the variance will be in harmony with the general intent and purpose of this ordinance and that such a variance will not be injurious to the area involved or otherwise detrimental to the public interest or welfare. Ms. Metts read from the minutes as follows: The Holy Cross Episcopal Church has a Grace and Grits program on Wednesday aftemoons, one on Elm at Reverend Rucker' s Church on Thursday, and what she is hoping to do is to have these people who are further into the Historic District, the days they are serving, come and use her facility, which would eliminate those people going even closer into the Historic District. Ms. Metts reported again that she feels they have met the standards for consideration for dimensional variances~ Ms. Metts asked if there was a limit on how many times someone can come back to the Planning and Zoning Commission. Mayor Dale reported if it is not specifically denied without prejudice, there is a one year waiting period, unless the Commission waives that. Ms. Metts reported she had one feeding in August and 30 people came, and there were no vehicles. She called attention to the Planning and Zoning minutes where Mr. Marder mentioned that in 1990 the entire City of Sanford was considered low-mod income. Mayor Dale reported that is not what Mr. Marder stated, and he read what Mr. Marder said as follows: Just for clarification, I know there's been some figures tossed around about the poverty and I just wanted to state that as of the 1990 Census, there were 32,387 people in the City of Sanford. The poverty status was determined for 31,113 persons as of 1989, is the way they do this. And the number of persons determined to be below the poverty level was 5,061. The overall Seminole County figure is in the single digits, percentage wide. Ms. Metts reported she disagrees with that figure, it is much more. Mayor Dale reported he would like to submit the official data into the record, and he also gave Ms. Melts a copy. This official data states below poverty level is 5,061, persons 18 years and E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 22 99 over below poverty level is 3,041. In Seminole County, below poverty level, 20,513. Ms. Metts reported she had a report from the Department of Housing and Urban Development stating the percent of low and moderate persons by block group and census tract, which states the number of low-mod persons in the City of Sanford is 1,920, with an income level of $28,650. These people need help, and she is trying to help people, and she never had such a hard time. Mayor Dale reported unfortunately the laws in this country are made for everybody, not just for those .that do good causes; we're all subject to the law. Ms. Metts asked if there was something more she needed to do, because a food distribution center was grandfathered in, and a restaurant was a permitted use, and there was no money changing hands. Mayor Dale reported that if she was seating and feeding people it was considered a restaurant, and there are different regulations for a food distribution center and a permitted use restaurant. Commissioner Williams asked, for clarification, how many people will be accommodated. Ms. Metts reported she could limit the seating to' any number she wants to, but it cannot go over 200. If it goes to 201, the tables and chairs would need to be bolted to the floor. Mayor Dale reported that the record states Ms. Metts would voluntarily limit her seating to 100. Ms. Metts reported she would like to stay at 200, but if it means she can start feeding people she will agree to the limit of 100, she would rather have something than nothing. She does understand that if she wants to go over 100 she will go by Ordinance No. 3502 and come back to the Commission for permission. Mayor Dale asked if Ms. Metts had talked to CSX Railroad.' She reported she had but the cost of purchasing the property, or even renting it, is prohibitive. She is not trying to get CSX to donate the property. Mayor Dale asked if she had written permission to use the property, and she stated no, that she felt any agreement for right-of-way on that property should be between CSX and Seminole Volunteer Enterprises, and the City of Sanford should not be involved in it. Mayor Dale reported that the City' s ordinance requires if someone is using another persons property for parking, the City has to have proof that they will allow the person to do so for whatever length of time they allow. Ms. Metts reported she would certainly try and get that, but she does not have it now. She reported she does not have parking on her own property because the building takes up the whole property, and the rails come right up to the building. Virginia Huber reported this is not a religious matter, it is not a Historic District matter, it is a parking variance matter. She does not have any parking on her property, she does not have permission to use the railroad property. She attended a Planning and Zoning meeting where an older couple living on 251h Street wanted to ask for a restaurant, and they needed a variance for parking on their property, and the P & Z would not give them the variance because the neighbors did not want the people parking near their homes. There are residential houses right across the street from Jean Metts' building. City Attorney Reischmann reported that Ms. Huber did not appear in the minutes of the Planning and Zoning meeting on record. Ms. Huber said she had spoke at a meeting previously. Mayor Dale read the names of those present at the Planning and Zoning meeting on record, and reported those people could speak if they so desired. The list included: Ms. Freeman, Mr. Myers, Mr. Bateher, Ms. Kelly, Mr. Rush and Ms. Acree. Doreen Freeman reported that at the P & Z meeting, she stated the people that would come to Ms. Metts establishment for meals are people who do not have facilities to cook, these are homeless people and destitute people. Yes, they do get commodities, but only twice a month. A three pound ham and a sack of potatoes does not quite carry you through a whole month. Subsidies, in what Jean is planning to do, is very, very needed. Obviously that is the case, E718672 MINUTES City Commission, Sanford, Florida 7:00 P-M. REGULAR MEETING November 22 19-- 99 because we have several churches that follow suit. Ms. Freeman does not understand what the problem is, because Ms. Metts is only doing as the churches did. It is really not a restaurant facility, she is trying, to feed the needy. Marveen Kelly reported the P & Z minutes reflect she lives on Magnolia and 4th, and the street address is 321 Magnolia, right behind the Episcopal Church (and her name is spelled incorrectly in the minutes). Her issue is not with Jean Metts, it is with the parking. Every time she has come before the P & Z Board and other boards, her issue has been with parking. Ms. Metts states that she needs 50 parking spaces, she states that she is currently thinking about using this property that is fight next to the railroad, without their permission, which is of course a liability factor. My concern is that even though she states she has 14 parking spaces, I live next to the Episcopal Church, and I can tell you that one night I did take it upon myself, because I thought that this issue might come up, this was about 5 weeks ago (prior to the September date). There was an average of 30 cars from 5:00 until they shut down at roughly aquarter to 7:00. Now, that was just cars, cars and trucks. I tracked that evening, and I don't have that paperwork with me unfortunately, that evening there were roughly 20 people foot traffic, 5 bicycles and roughly an average of 30 cars. Some of those cars had 18 people come out of them, some of them only had one person come out of them. But realistically speaking the Episcopal Church has a parking lot next door. They fill the parking lot and they fill all the spaces. There are some issues as far as that goes because I would travel 4th Street past Mrs. Metts facility during the time period coming home from work. I have a problem navigating the area next to the Church on Wednesday night. I go around the block to get to my house. Most of the time I can't park in front of my house because of people taking parking spaces occasionally, which realistically they are going to park close to the church so they can get there. There is also an issue of children that are going to the facility and there is not adequate parking as you know on the streets. When both sides of our streets are full with cars parking on both sides, its hard to see, its hard to navigate those streets to have two cars be able to pass each other in those areas. Children have a tendency to come out of there, sometimes they're watched, sometimes they're not watched. I cannot tell you how many children I have seen come close to being seriously injured in these situations. I have voiced this to some people at the Episcopal Church. It does make it difficult to travel through there. Its going to be hard for Mrs. Metts facility, for public utility equipment, such as fire tracks, which usually normally run that route to go to the other side of town, to get through those areas. Yes it will impact my residence. I am going to have to find it difficult to get home from work. That' s not a big issue for one night a week, I don't have a problem doing that, but in a meeting that I was in with Ms. Metts, she was talking about initially she was going to do it several nights a week, possibly several days a week, and if she felt the need was appropriate, she would increase this to 7 nights a week and 7 days a week. That' s a huge impact. That' s why I would propose that it be denied. Steven Myers, 718 Oak Avenue, read from the P & Z minutes as follows: He does not want to be interpreted as being against helping people or against all of the things that Mrs. Metts has done, works for and stands for. He thinks everything that the volunteers in any community do that serves the people less fortunate is a commendable thing. However, he does express aggravation as a homeowner regarding some of the issues surrounding zoning in our city and where different operations are allowed to move in and set up .shop or are permitted to, to begin with, because the zoning and land use needs to be revised. The location, in my mind, is too close to residential area.. I believe that even though this is a permitted use, the location is not appropriate for the use that is taking place right now, let alone the use that is sought E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 22 99 after now, and any other future uses. I see a level of activi.ty here, that in my mind, is not appropriate for our area and there's expanded use that is sought tonight. I understand that this revolves around the parking but it is also part of permitting this usage and it ma~v also lean to other usages that could further impact our neighborhood. One of the argmnents that I heard tonight was discussions about special functions downtown in regarding the parking and using various areas for parking of special functions. In my mind, that is quite fine, I can deal with the 4th of July once a year, or Oktoberfest once a year, or something of that nature. I can deal with that impact and those are positive impacts in my mind even though we have to tolerate some inconveniences. I think those minor inconveniences are better for our area, both local to the Historic District as well as the whole City.. But I wouldn't want to have to deal with this type of inconveniences day in and da.v out in my immediate residential neighborhood. So for this reason, and some of the others that I have stated, this is why I request that you deny this variance. Over the years we have worked diligently as a group to clean up the neighborhood both trash wise, codes, zoning, in almost every aspect imaginable. Its consequently reduced the amount of what I would consider the .type of foot traffic that can cause problems. I don't want to be fastened to the pigeon-hole where this is somebody who just doesn't like poor people, that's not the case. But the point is, though, that like it or not, when you have people who are attracted to the area for whatever reason, be it the daily labor pool or food establishment, inevitably, no matter how hard you work and how well meaning you are, you're going to attract a certain percentage of people that you don't want. Than's even if Jean Metts doesn't want it, if you don't want it and if I don't want it, inevitably it attracts a certain percentage of that type of person who is going to contribute to the crime or the disorderliness of the neighborhood. Through my neighborhood, that's a distinct possibility whether it's Jean Metts' establishment or some of the services that churches do. I cannot tell you because they don't have the name printed on the bag as they are walking through the neighborhood but, inevitably, it means the establishment will increase or continue the level of foot traffic, and a certain percentage of that foot traffic is bound to create a negative result in the neighborhood. Mr. Myers reported the rest of his testimony at the P & Z meeting was answers to questions he was asked, and he would leave the City Commission to read and interpret that portion of the minutes for itself. Mayor Dale asked Ms. Metts if she was stating she had 14 parking spaces. Ms. Metts reported she did not have any parking spaces, the parking spaces they are using are considered on the City right-of-way, all the way on Fourth Street to Laurel. There are also 10 at the school building site. The food for distribution is delivered at the east end of the building, and she is not counting that as parking. Mayor Dale reported he could only count 7 parking spaces in the front of Ms. Metts' building. Ms. Metts reported there are 10 spaces at the school building surplus, which is also City right-of- way; there are 15 unmarked spaces at Fourth and Laurel, in fact there are more than 10 spaces at the northeast comer of Fourth and Laurel. On the west side of Laurel, between Fourth and Fifth, there must be at least 20 spaces. Mayor Dale reminded Ms. Metts that she is now talking about areas that she did not mention at the P & Z meeting; she had only mentioned 14 spaces at that meeting. Ms. Metts reported she was counting some of these same spaces as the 14 spaces available. Mayor Dale reported he still could only find 7 spaces, and that is precluding that spaces elsewhere that the City has set aside for parking will not be used by anyone else, just for her purposes, it will all be reserved just for her. Ms. Metts reported she did not say the spaces were reserved for her, she said they were available for public use. Mayor Dale reported if they are counted for her they would have to be reserved for her, this is not a public, but a private, restaurant. Even though it is a non-profit use it is a private use, it is not run as a public agency. Mayor Dale closed the public hearing. E718672 MINUTES City COmmission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 187 22 19 99 A gentleman in the audience reported he had a business two blocks from Mrs. Metts which has about 20 parking spaces that she can use, and he would escort them across the street. Commissioner Lessard reported the decision of the Commission on this issue will set the pattern of development for the very near future. He reported the record shows the City of Sanford has a population of 34,000, with 23,000 living below poverty level, which is incorrect. This is a change of use, a more intensive use, and a use that will require far more parking spaces and supervision than what is currently going on. He reported the Commission should not put any credence to Ms. Metts parking on the CSX property unbeknownst to the Commission, that is private property. Also, it has been stated in the record a number of times that this facility has never been operated as a restaurant, and the building is not designed or capable (in parking terms) of supporting a restaurant. ffyou have a 200, or even 100, seat facility there are going to be a lot of cars, where a traffic problem already exists. Also, in the guidelines, if a variance causes injurious conditions for surrounding property owners, it cannot be granted. Commissioner Lessard reported the Commission needs to listen to the citizens before voting to overturn the Planning and Zoning Commission's decision. Also, the Commission cannot take into consideration the fact that Ms. Metts built a kitchen in the building before having the permission of the City to have a restaurant. There are a number of other locations within the City that are much more capable of sustaining this type of operation. Mayor Dale reported governments make rules for all of us to live by, and he quoted from Alexander Hamilton, when the Country was being formed, "Why has government been instituted at all7 Because the passions of men will not conform to the dictates of reason and justice without constraint." For those reasons government, and laws, were instituted, and the laws are for everyone to live by. He cannot decide which persons are above the law, and which are subject to the law. What kind of an example do we give to our children, or even to the ones that we propose to help, if we hold ourselves above the law because our cause, in our minds, is greater than the other persons cause, who must abide by the rule? fithis was a variance of a small degree it would be different, but this is a complete waiver ofthe City's Land Development Code, and, in this country, the ends do not justify the means. If we grant this, how can we turn down the next guy who buys an old building and wants to open up a restaurant. To say that this is a good cause and is exempt from the law will not hold up in a court of law. He will be voting to uphold the decision of the Planning and Zoning Commission because they did the right thing based on the constraint of the laws that have been laid down, for the government that was created by our founding fathers. Commissioner Williams rhetorically asked where in the City would be a better location, and she reported she was glad that a clarification was made regarding the statistics pertaining to the number of people in Sanford below the poverty level. She recalls the accurate count to be 5,000 people, but that is too many, and it is incumbent upon the City to be concerned about those persons who are below the poverty level~ but the law should not be broken to provide services to them. She also asked what is the purpose of having a procedure in place where one can come and asked for a variance if, as a Commissioner, she is supposed to perceive that as a person who is not following the law. Mayor Dale reported that is why there are six criteria that must be met, not just one or two, but all six, to be able to receive the variance. It is incumbent upon them to prove that they meet all six of those criteria. According to the record, Ms. Metts did not meet any of the criteria. Commissioner Williams reported, just because a person asks for a variance does not mean they are above the law, or have any intention of breaking the law. Also, she does not consider the decision on this case as setting a precedent, but that each request is considered on an individual basis. She further reported that if parking is the issue, there 188 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 22 19 99 seems to be parking available in the area, and public parking should be made available, even if there is some liability incurred. The City must make services accessible to persons. Mayor Dale reported that if this variance is granted, without Ms. Metts meeting even one of the six criteria, that does set a precedence, because it would be granted without her meeting the conditions allowed, under the law, for a variance to be met. If you do that for one, you have to do it for all. This Commission, or any governing body in this country, has the power and the authority, to grant whatever they want; but do they have the fight? He feels the City Commission has the power and authority, with three votes, to grant this waiver, but the question as to whether it has the fight to grant it will be decided at the Court House. The City is already being sued because it felt something was a good cause, and it allowed it to happen, and that is going to cost the taxpayers some money, so thinking that something is a good cause and it has the power to do it, does not give it the fight to do it. Assistant City Attorney Reischmann reported the Commission is now sitting in review of the evidence itself, and it is not her place to make the judgement whether or not Ms. Metts has complied with any of the six conditions for a variance. The issue for the Commission is whether the Planning and Zoning Board's decision was supported by competent substantial evidence. You have to look at the fact that it was up to the applicant to present clear, convincing, competent, substantial evidence on each of the six requirements. It is a matter of reviewing the evidence to determine if the Commission feels the Board's decision was supported by what is seen in the evidence. Commissioner Eckstein reported sometimes a higher law develops, and not everybody looks at the law the way the Mayor did. The Mayor might be correct in the way he is thinking, but not the way he is thinking Ms. Metts made her case. Commissioner McClanahan reported based on the fact that he thinks that it is not a negative impact, that it is a positive action, he would like to move to overturn the Planning and Zoning's verdict and approve the request. He further reported that CSX has been talked to by other people that Mrs. Metts is not aware of, and CSX is probably going to let her use the property, just like they donated Coast Line Park to the City. Commissioner McClanahan moved to overturn Planning and Zoning and approve Mrs. Metts request. Seconded by Commissioner Eckstein. Commissioner Eckstein reported that he felt the compromise from 200 seats to 100 seats was a good one. Mayor Dale reported that the 100 seats was not part of the motion. Commissioner McClanahan reported he would include that in his motion. Mayor Dale clarified the motion as follows: to overturn Planning & Zoning Commission's decision, but to put a provision in the requirement that she is limited to 100 seats, and that she will sign a development order, or whatever the attorney calls it, that will be binding on her, from this establishment. Commissioner Eckstein seconded the clarified motion. Commissioner Williams reported she is voting for this, but with the understanding that this is not illegal, and she has a real problem with the Mayor continuing to make the statement that this is above the law. The attorney has not stated that anything was above the law. She could not in good conscience ~0~e for a~hing that was above the law, but she does not have any evidence that says it is above the law. Commissioner Lessard reported another restaurant would_:~,y?~lhve 1t~[.~: thet~roperty v&hout figuring out if they had enough room. Commissioner Eckstein reported t' Was 8ive~. Metts by ~e County. Commissioner Lessard reported that comes back to his point, the people of the C~ are financir~ ~hrough sweat and hard work and investment, not just Jean's operation, but all social services. When you ~/$,~or pl~g, you harm that tax E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 189 22 19 99 m base. He further reported by voting for this the Commission is destroying the tax base in the City. By voting yes, in the next couple of months, you will see the flood gates open in this City. In the end, we are not just damaging the tax base, that is an intangible, we are damaging our people. It becomes very difficult to bring in these high paying jobs that we all say we want, when we destroy our tax base in our commercial district. He reported if the Commissioners can seriously vote and acknowledge that there is not an injurious affect on the surrounding real estate of that area, then we may as well proceed with the vote, but he hopes that each Commissioner takes pause and answers that question. Commissioner Willjams reported that the people Commissioner Lessard is talking about are not the only people in Sanford who pay taxes, and all of the people are important, and all of the people contribute, even if some contribute more than others. When those kinds of statements are made, they end up with people reaching the conclusion that this Commission has a mission of getting rid of poor people and social programs. Commissioner Lessard reported he is talking about the neighborhood in the City of Sanford that has the most rapidly increasing contribution to the tax base for a residential area in the City, and by doing this it will greatly jeopardize it. Mayor Dale reported services to people, whether they are poor or rich or in between, should meet the same criteria. He further reported that he has not heard in this motion where the parking is going to be. If it's going to be Jaycee Park, he will vote against that, too, because a public park should not be set aside for private use for parking. Commissioner Eckstein reported the Commission cares about the historic district, he will vote tonight to give up to $37,500 to the Ritz Theatre, the City has spent an extensive amount of money on the Main Street program, and the City Commission passed the Duany Codes to increase the value of the homes in Sanford, and to increase the tax base. But, the more the Commission is increasing the tax base, and creating the arts, it is forgetting there are a lot of people w[lp have to make the decision whether to eat or buy medicine. The average medicine could be as much as $200 a month. Sanford has to be a caring City, there are people who are giving up prescription medicine just so they can eat, even ifhhSy are the exception; and what about the children. Having the best tax base in the world is wonderful, and having a li2i~:is a quality City, but you can not have a quality City if you forget about the poor, the disabled and the hungry. Mayo~:.~ reported you are doing them a disservice by letting them park, and getting a ticket, and keeping them above the law. He ' asked if the Commission was going to vote on this motion without designating where the people can park, and just let them park anywhere they want to. Mayor Dale reported that if the gentleman who offered parking at his business does donate his parking spaces, then they will be taken out of his allotment and he jeop~.diTzes meeting his criteria. Another citizen pointed out that the gentleman's parking was in the pU~!iC Irigh. t-of-way, and the Mayor said then they were not his to give away. The motion was carried by vote of the Commission as follOWs: Mayor-CohtlhisSi~nerDale Nay Commissioner lickstein Aye CommissiQner Williams Aye Commissioner Lessard Nay Commissioner McClanahan Aye Mayor Dale recessed the meeting for five minutes, and then reconvened the meeting. Public hearin~ and first r~0~p~ of Ordinance No. 3522 to rezone 70.41 acres of property lying between Rose Hill Trail extended easterly and Pine Way and ~veen South Mello~¥iile Avenue ~pd South Sanford Avenue (404S 190 E718672 , MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November South Sanford Avenue). Westlake Plantmio~ Inc.;MichaelMurray, President, applicant. 1999. Ad published November 7, Ordinance No. 3522 was read by title. Jay Marder, Director of Engineering and Planning, reported the Planning and Zoning Commission heard this request last Thursday and recommended that this rezoning be approved subject to certain conditions based on Staff recommendations that were provided to the City Commission, and all of those findings that are included therein. The recommendation included that all development be accomplished in accordance with the Westlake Plantation/Rose Hill Master Plan, the latest revision was provided on 11/12/99; the right-of-ways on Sanford Avenue and Pine Way be dedicated as necessary during the platting process; that the developer coordinate Westlake Plantation development access with Seminole County; the approval shall expire within five years if substantial development does not take place; that the developer participate in funding a fair and equitable share of improvements related to the intersection of Sanford Avenue and East Lake Mary Boulevard; the developer provide a six foot wall faced with real brick adjacent to Pine Way to buffer the development; that the developer provide fencing between the project and Ms. Cox's five acre property where she keeps horses, which is generally located on the east side of the Rose Hill Phase 2 lots; and the developer provide a wooden fence to visually separate the Westlake Plantation Project from existing residential properties on the west side of the project, which are properties that are generally facing Sanford Avenue with access on Sanford Avenue, generally in the northwestern and the southwestem boundaries (including the Franks' property). These recommendations were adopted by the Planning and Zoning Commission with two dissenting votes, with all the findings and recommendations thereof. The Master Plan is part and parcel of this request. Commissioner Eckstein reported the Master Plan states a minimum requirement of 1200 square foot homes. That has to be changed, it is very low. 1500 to 1800 square feet is quality. Also, not one of the developers has spoken to him personally about changes. He is convinced quality development is needed in this area, and the tax base needs to be increased. If not, the tax base will not take care of Some of the services that the City is already being encumbered by. He was hoping to balance the interests of both the people from the County and the people from the City. Commissioner Lessard declared ex parte communications on this issue with Kathy Vugrincic. Mayor Dale reported he had ex parte communications with a lot of people that live in the area, as well as with the developer. The substance of his communication with the developer was what he passed on from the people he met with from the homeowner' s association that asked for a compromise, and he passed on exactly what was being asked of the developer. Commissioner McClanahan reported the only conversation he had was with Susan Baker. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3522. Michael Murray, 1399 West State Road 434, Longwood, Florida, 32750, reported the project that is in front of the Commission tonight has been brought back with major changes at the request of the City of Sanford, and at the request of many of the people in the area. A lot of the people are still against it, but there has been a lot of give and take on this project. This project is known as Westlake Plantation. It started with over 400 units on this project, and they have lessened the density to 250 units, and 17 on Rose Hill, a total of 134 units. Some of the concerns which have been addressed by the developer are: fi~concem of all water on the property staying on the p~~d not flooding the 22 1999 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 191 22 99 neighborhood as it is now in heavy rains and torrential floods. The property has had a compensating storage put on it 40% larger than is required to meet the 25 year flood plain. Mr. Neal Hiler, of Hiler Engineering, pointed out the area of storage on a map. This is in excess of what is required by the City of Sanford for compensating storage. In addition, the flow of the property, and the water flow, and all the drainage from all the lots, will be held on site for the entire project. Out of the 71.65 (approximately) acres, there are 5.66 acres that are jurisdictional, the rest are all useable and considered upland. In the City of Sanford the entire parcel of gross density is considered in your useage which exceeds far above what the developer is requesting. They meet concurrency on all levels and are well below the threshhold. The City of Sanford will supply them with water, sewer, garbage, fire and police protection. The concessions made before P & Z approval, by the developer working with the City as a whole, and not any one individual Commissioner, were the following: Automatically at the bottom of the property, on Pine Way, all along the road will be a 25 foot landscape buffer, with a beautiful landscape program, and a six foot brick wall the entire length of Pine Way. They would not take any traffic out to Pine Way to avoid disturbing the suburban estate area under the Comprehensive Plan and agricultural zoning to the south. The property to the east, (the back of the property where Mellonville Road is) will have a fence down the back side. They put a tremendous buffer (a greenbelt) along the back and lessened the density, as well as put a lift station and another park. They also provided access to the City of Sanford for maintenance on the lift station, with a private entry and fenced out. Mr. Hiler pointed out this area on the map. On the front side of the property, on Sanford Place, they will put a decorator wall and entry system, accel and decel lanes to alleviate the traffic, and have increased the green park buffer area going into a beautiful fountain,. with green area going on both sides of the project. In addition, at the City's request, they changed a lot of the road structure to fit more of a criteria to meet curves and radiuses that it requested. To the north side of the first parcel, and to the south and to the front (Mr. Hiler pointed these areas out on the map), there will be all fence. On Mrs. Cox's property there will also be a fence to buffer her property and keep it from any kind of problem. The progress that was made at the P & Z meeting, and prior sessions, was.to bring in a particular kind of home that would meet a nice standard of living. We don't'want to, and won't, devaluate the area, they will show everyone out there that it is going to be a nice neighborhood. Concerns that the developer wants to address include concern for the traffic impact study. The developer has had two studies done independently, which does not alleviate the problem but just makes it more of an involvement of how it is going to be handled. The impact fees that the City will derive from this should be used in some manner to help out on Sanford and Lake Mary Boulevard, with Seminole County, in solving this problem. The developer has conceeded that they would like to pay their proportionate share of solving, with a light or whatever the City or County deems appropriate. Mr. Murray reported he thinks it is important that everybody get involved in that, ~nd they are willing to pay their share, whatever is fair for the area. They are not causing any ~llution from run off, they are not causing any damage to aquifer with wells, and they are having all contained development systems (water, sewer, trash). This will b~ a well maintained neighbOrhOod with complet9 and concise homeowners' documentation, to make t~is a nice neighborhood. They will concede to a minimum of 1600 square foot homes. They can do 1600 .square feet without stress, but anything above that he doesn't want to dictate taking .some quality people out of the market that are retired or some nature. He feels if you get up over that there is just no demand for the ~uS.e at all. Nothing to do with money. He is not saying he would not do 1700, but he is requesting 1600. If it is a stipulation d~eemed on them by the Board then they will live with 1700. He 192 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 22 1999 reported that Rose Hill, a 69 unit subdivision to the north of the proposed Westlake Plantation project, is developing and is almost complete, and is in the City of Sanford. Rose Hill has all of its own criteria that's met in this project, they are in the same concurrency, and they follow all concurrencies and meet all threshhold requirements. They are willing to live with the stipulations put on them by P & Z, and they are willing to stay at 1600 feet, and 1700 feet if necessary. Mr. Murray reported they have put in 27 lots that are over 75 feet by 200 feet long, with buffers in the back. They have additionally put in over 60 lots at 60 feet, and they have put the smaller lots (50 foot minimum) in the center, and lowered the density by 134 units on this project. They have taken substantial changes and commitments to spend a lot of money to keep this project contained, and not try in any way, shape or form, to detrimentalize the neighborhood. Kathy Vugrincic, 1305 Palm Way, Sanford, reported a development has gone in at the Hester and Myrtle area and those homes are going to be of a substantially larger square foot, and dollar amount, starting at $130,000 and up. That parcel of property is not as nice as the one that is being spoken of now, and there is no reason that this developer cannot put in a nicer development with fewer homes than what he wishes to put in. She gave the Mayor and Commissioners a copy of a partially signed petition, stating the original would be filed as soon as all of the signatures were obtained. Mayor Dale reported that he felt what Mr. Murray was proposing is a whole lot nicer than what was on Hester. Commissioner Eckstein asked, based on 1700 square feet, what would the average home cost. Mr. Murray reported that the average home of 1700 square feet would be about $127,00 to $145,000. The average demand in that area is two and three bedrooms with two baths. Ryan Flynn, a resident of the area, reported he is a licensed engineer who designs roads for a living, and he is also a licensed contractor. He further reported the largest issue he has, and that most people have, with the subdivision is the density, and the issues and repercussions that stem from that density. What is proposed is grossly different than what is in the area now. Most of the homes in the area are two to three acres, up to five to ten acres. Noah of the proposed subdivision location the density is higher. The density of this subdivision is not compatible with the rest of the area. The residents are concerned with the impacts of the subdivision, and what it will mean for the area as far as future growth. The traffic congestion that will result is a large issue. This subdivision empties out onto South Sanford Avenue, that is the only access into and out of the subdivision. According to the engineer, and the traffic study that was done, they show peak hour traffic volumes of 223 vehicles. Essentially over a five minute period in the morning, that is about twenty cars backing up at the stop sign at East Lake Mary Boulevard and South Sanford Avenue. An engineer that works for G. N. Jenson, the engineer of record for the four-laning of East Lake Mary Boulevard east of County Road 427, told him there are currently drawings that are final design plans that are in place, that the County has in its possession, that show the four-laning of East Lake Mary Boulevard east of the intersection of County Road 427. South Sanford Avenue is approximately 300 feet east ~}f that intersection. The plans do show a raised median at that intersection, and do provide for a right-hand turn only out of $9~th Sanford Avenue, on to East Lake Mary Boulevard, with a jughandle or some sort oftum around down about a quarter of a ~.'lte east of the connection at South Sanford Avenue. All of the traffic that will outfall from this subdivision primarily goes northbound on South Sanford Avenue. It is not a City of Sanford decision to do something with these roads, they are County roads, and no one has asked the County if they are willing to do something to alleviate the problems. Money from the applicant is not going to solve the problems. E718672 MINUTES City Commission, Sanford, Florida 7:o0 P.M. REGULAR MEETING November 193 22 19 99 Mayor Dale reported he talked to the County today and there will not be a right out only with a raised median at that intersection, there will be both traffic with a stacking lane to the left. The Mayor was informed by the County that the County had been inundated with people from that area trying to get them to say things that would stop this development, and that this was well within the concurrency envelope, and that the County has no problem with this development. Mr. Flynn was concerned that the decision made on this issue tonight would set a standard for the surrounding area. When the applicant talks about 50 foot lot lines, 100 feet deep, that means anywhere from 5,000 to 5,500 to 6,000 square foot lots, with 10 feet between homes. He feels Commissioner Lessard's earlier comments of "Ifthe Commission didn't consider what was best for the community, then the Commission would do a disservice to the community and the residents in the area" are very applicable in this situation. He further reported that the first traffic study that was submitted by the applicant discounted and omitted the intersection of East Lake Mary Boulevard and South Sanford Avenue, which is the key intersection, and this was a fatal flaw. Commissioner Eckstein reported, from a planning point of view, he would like the City Manager to present the pros and cons of this project. Considering the direction the City Manager envisons for this City, if the Commission does not approve this particular project, what does it do for this particular part of Sanford. Mayor Dale reported Mr. Ryan's home has a just market appraised value of $91,000, so how could these homes devalue his properly. Mr. Ryan took exception to that. figure, stating his homes value is more like $155,000. He also reported that a lot of the homes in that area are worth $300,000 to $400,000. The homes would be devalued by this project because of the gross difference in the way the property will be zoned. The homes and property in that area are zoned rural estates, and now they are talking about shoehoming 250 homes onto 70 acres of property, and onto 1/8 acre lots or less. Susan Bandon, 3840 South Brisson, reported she has talked to John Moore at the County. Her concerns were the traffic on East Lake Mary Boulevard and South Sanford Avenue. She quoted several facts from the latest traffic study. She provided the Commission with four different plans that were being considered by the County, and after explaining them in detail, reported that none of them seem to be viable. It seems the solution will mean that private property will have to he bought or acquired by the City or the County, and someone is going to have to pay for that solution. Why should the County be footing the bill for the City development? A year down the road, when cars are stacked up, emergency vehicles will not be able to get through. How can the City approve 250 new homes, approximately 1,000 new people, and not even l~ve a plan in place to support this? Russ Sibley, 666 Oak Way, reported Mr. Murray. had said the homes would be 150' to 175' from Pine Way. He figured a 25' buffer, a 10' right-of-way and a 25' reai' setback, gives 65' from the edge of the road. He had requested that all perimeter lots be limited to single story homes, for transition. Mr. Murray would not agree. Also, the pad should be limited to 18" above the existing grade on all perimeter lots, and it was his understanding that would be a condition, but it is not being presented as a condition in this request. He also wants to make sure the perimeter wall is brick, as indicated in the plan, and is not masonary and stucco. Mr. Sibley further reported there should be some additional transition in the way the homes are placed on the perimeter lots, to allow room for bigger back yards. Also, equestrian trails should have been taken into consideration in this area. 194 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 22 19,-- 99 Stan Dozendak, 2311 Palm Way, reported this development is not consistent with the existing area, and it will fundamentally change what is there, and the quality of life. Kathleen Clark, 5950 South Sanford Avenue, reported that if the Commission approves this tonight they will be approving the Master Plan as well as a new definition for low density residential in this particular area. She elaborated on how this development would impact the wetlands and how the density being based on gross acreage skews the figures and the perception. A higher value development could be put on this property and the City would benefit from a higher tax base. She reported that Mr. Baker sold this property not knowing what Mr. Murray wanted to put on it, he was not aware of this development at that time, and he would probably change his mind if he could. Laveme Cox, 145 Rose Hill Trail, reported she lives adjacent to the Rose Hill subdivision. She reported that at the Planning and Zoning meeting Mr. Murray attacked her credibility saying that she was running her nursery business as a retail, illegally without the proper credentials, and she was selling retail out of wholesale. She presented the Commission with all of her certificates, credentials and information regarding her credibility. Mr. Murray further attacked her in the hallway after the Planning and Zoning meeting, in front of about thirty people, saying he was going to get her, and put her out of business forever in this County, and she has witnesses. She reported the Rose Hill subdivision is a nice subdivision, but the quality of homes is poor. Murray built on the two acres of her property. She pointed out on the map that her ingress/egress would be sacrificed if Mr. Without her ingress/egress she was put out of business. Also, she cannot get her horses out to ride on the trail. She further reported that there will not be any additional schools built in Seminole County for at least five years, so the children will have to be put in portables. The traffic is also a concern. Marilyn Whitmer, 1805 Pine Way Drive, reported she lives in a small house on 10 acres. This is not a zero lot line community, it is a rural community. Also, something that has not been taken into consideration is the increased traffic from the expansion at the airport. She reported the City needs to consider the infrastructure, a traffic plan, police and fire service, etc., before planning a development. The City needs to take greed out of its decision. Warren Barty, 108 Elizabeth Avenue, Altamonte Springs, reported he is a real estate broker, and Mr. Murray authorized him to offer to buy Mrs. Cox' s property and grant her an easement, but she refused. Ms. Cox reported she refused because it would land lock two acres of her property. Stan Reynolds, 142 Rose Hill Trail, reported that Mr. Murray had reported he was not the developer who sold the homeowners in Rose Hill their property, he wasn't the developer that built them their homes, etc., but he was. Mr. Reynolds reported his roof leaks, and he cannot get anyone to come and look at it, even though it has been reported. Furthermore, some of the electrical doesn't work and there is a leak at the garage door. At the pre-closing he was assured that the problem with the roof would be corrected, they saw it, but it has never been addressed. He feels that the City ought to take a closer look at who is wanting to develop this property. The traffic is also a concern, as well as the density. Commissioner Eckstein reported that no matter what size of lots is decided on it won't be good enough for everybody. Further, if the lot size was agreeable, they would have a problem with the traffic, or not having a place to ride their horses, or something else, and they would never be satisfied. His biggest concern was that the leak in Mr. Reynolds roof had never been repaired. Mayor Dale reported that just because Mr. Murray was the developer doesn't mean he was the contractor responsible for t~ E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING 195 NOvember 22 99 Commissioner McClanahan reported one issue that needs to be addressed is gross density versus net density, because there can be a piece of property where the majority of it is wetlands and not buildable, and when you use it for gross density you end up with small lots. The County is at net density. Larry Chunat reported the County said Mr. Murray cannot put a culvert On Mellonville, but the City Planning and Zoning Commission said he could. Mayor Dale reported that Mellonville is a County Road, so if the County says he can't put it there, then he can't. Mr. Chunat reported the Commission should not vote on the Master Plan until Mr. Murray comes back with a plan that addresses all of the concerns he says he is going to fix, like 1700 square foot houses, proper easements, traffic controls, etc. Homer Caldwell, 905 Pine Way, reported he would like to suggest Mellonville be extended all the way to Lake Mary, instead of ending in a dead end on Mr. Murray's property. Also, .a 1200 square foot house would destroy their property values. A lady who had spoken earlier reported she had forgotten to mention that she had talked to Francis Chandler to request a small area survey, and Ms. Chandler said she was going to send a letter to Sanford because there has been a lot of variances and requests coming in on the 415 and east of Sanford Airport, and also south of Sanford Airport area and north of Lake Jessup area. The letter was dated November 19 and sent to Mr. VanDerworp, to look at the joint planning agreement that was back in 1991, because of all the changes that were going on in this area. She showed the letter to Mayor Dale, and he reported the letter was referring to the 415 corridor. City Manager VanDerworp reported he had received the letter, and the discussion he had was that the City needed to address some land uses between the City and 415 along Celery Avenue, and if it mentioned any other areas they were not discussed in a telephone conversation that he had with Planning. He further reported he had not had any discussions with Ms. Chandler regarding the area south of the airport and the North Lake Jessup area. Greg Bandon, 3840 South Brisson, reported that whenever you are confused about an issue you should use the Ben Franklin choice. On one side of a piece of paper you write down the pros, and on the other side the cons. He did this for this issue and distributed a copy to the Commission. He reported this is going to increase the t~ bBse' for the City of Sanford, allow people to have a roof over their head, (Commissioner Eckstein left briefly and returned) ,this will allow the developer to earn a living, and it allows the person who owns this property to sell it at a substantial profit. T[~ cons are that it is going to have a negative impact on the roads (no future improvements on them), it is going to have a negative impact on a delicate school system, it is going to have a negative impact on the adjoining properties and values in the area, the ecological system is going to be impacted, Seminole County residents are going to have to bear the cost of improving the roads and help the schools, and it is going to establish a benchmark develgpment that's going to ~ttract f'qtU~e high density developmelat. It will affect the lifestyle of the residents of the area and reaffirm the perception by some of the public that Sanford has no idea how to preserve and utilize its beautiful assets. It will also affect their animals, CC4hunissioner Eckstein reported ttie City Manager needs to rebut these pros and cons because 0fhis experience as a planner, and explain what is in th~ best interest of the City. Rosemary Capagreico, 140 Rose Hill Trail, reported the Commission needs to face all the concerns of the resic~¢nts in this area, and not question it as an a~qrthgught. 196 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November Nell Hiler, engineer for the Westlake Plantation project, reported they have decreased the number of units by 30%. Also, by providing a very large retention pond they will greatly cut back on the amount of run off into the street south of them. Each of the houses will pay school impact fees, and road impact fees will help with the road improvements. The perimeter grade changes would be kept at 18". The 60" pipe could be brought inside the project to get the drainage from north to south if the right-of-way on Mellonville is not available. Michael Murray reported the low density residential in the City of Sanford has allowed them six units per gross acre. The proposed PD Plan reflects 3.66, and the City does calculate on .the gross density. He further reported they would not have a problem with conceding to 1700 square foot per lot, and they had done a lot to comply with the peoples' concerns in agreeing to larger, longer lots along Pine Way, no access to Pine Way, and larger retention to buffer Pine Way. The total conservation jurisdiction on this project is not established by Mike Murray or his engineer, it is established by the Army Corp of Engineers, and the jurisdictional on this is 5.66 acres. The boundary tree and topographical is done to establish that. Total engineering on this site will be approved by all government regulations, including the City of Sanford, and it will have to be done according to all govemment codes and regulations. A big concern seems to be the containment of the flow of water. If the land is left as pasture, there will be more flooding than if the land is developed and it is contained. He further reported he is not the builder of record for Rose Hill, he has not built any homes in Rose Hill, there is a builder of record and he knows him well, that has built a $28 million home for someone, and has built several $6 and $8 million homes. He is a very reputable, quality builder. If any of the complaints of the people in Rose Hill had been addressed in writing, they would have been taken care of and corrected. Mayor Dale closed the Public Hearing and passed the gavel to Commissioner Eckstein. City Manager VanDerworp reported one of the things that must be kept in mind is that it is very important for the City of Sanford to grow because an older City, particularly, needs a constant influx of development dollars, and a constant influx of investment in the community to help with infrastructure needs (which have been ignored for many years such as the seawall, parks, and sewer) and, because Sanford has the highest tax base of all of Central Florida, and the tax base increase is very important to maintain the facilities it has and address some of the deteriorated issues, and to maintain the new infrastructure put on the ground. Also, ,there is a dire need to grow the businesses in Sanford, particularly target businesses such as clean industries and office parks, that bring dollars in from a larger than local region to help recession proof the economy and add value and bring more money in. Having housing close to those future businesses is one of the things that those future businesses look at. There is a need in Sanford for all types of housing, including upper end housing which this project will provide. City Manager VanDerworp reported current roads provide an adequate system in the area that works, but a narrowly detailed intersection design needs to be addressed in the final plat. Mayor Dale reported that he feels the quality of homes proposed for this development is good. It meets the Comprehensive Plan, the Future Land Use Plan and the Interlocal Agreement, and provides a nice buffer to that area. The County does not have an issue with this development, and they are going to have two way traffic in that intersection and find alternatives to that situation, whether this development..~oesin or not. Commissioner Willjams reported it was her ~an~at ~i~'~idents in that area were not opposed to growth and progress, and that respresentatives ~t com!nunity and the develqpe{'l~lr. Murray, were asked to get ; 22 99 E718672 City MINUTES Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 197 22 99 together and come up with an acceptable compromise, and bring it back to the City Commission. Did that happen? Mayor Dale reported that did not happen. Mayor Dale moved on first reading of Ordinace No. 3522, including the Planning and Zoning Commission's conditions 1 thorugh 8, and adding condition 9, that each house have a minimum of 1700 square feet of air conditioned space, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN ROSE HILL TRAIL EXTENDED EASTERLY AND PINE WAY AND BETWEEN SOUTH MELLONVILLE AVENUE AND SOUTH SANFORD AVENUE, FROM AG, AGRICULTURAL TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVARBILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Nay Mayor Dale retrieved the gavel. Second reading and adoption of Ordinance No. 3518 to rezone'27.2 acres of property lyine between Coastline Road extended westerly and the Central Florida Greeneway and between Rinehart Road and Upsala Road from A-l, Agricultural. to PD, Planned Development. Robert and Dorothy Williams. et al. owners: Craig Bryan, Agent. Ad publishedNovember 11,1999. Ordinance 3518 was read by title. Mayor Dale reported that the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3518. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved to adopt Ordinance No. 3518, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3 117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN COASTLINE ROAD EXTENDED WESTERLY AND THE CENTRAL FLORIDA GREENEWAY AND BETWEEN RINEHART ROAD AND UPSALA ROAD, FROM AG, AGRICULTURAL TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Public hearinl~ and adoption of Ordinance No. 3519 to vacate part of a 10 foot wide utility easement lying between Mayfair Golf CoUrse and Kingswood Court extended easterly and between Rantoul Lane and Country Club Road. on Lot 19. Mayfair Club Subdivision Phase IL Ad published November 11, 1999. Ordinance No. 3519 was read by title. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3519. No one appeared. On recommendation of the City Manager, Commissioner Williams moved to adopt Ordinance No. 3519, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A 6' PORTION OF A 10' UTILITY EASEMENT LOCATED BETWEEN MAYFAIR GOLF COURSE AND ~GSWOOD COURT EXTENDED EASTERLY AND BETWEEN RANTOUL LANE AND COUNTRY CLUB IN THE CITY 19 8 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 22 99 OF SANFORD, FLORIDA; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissiomer 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 Public hearin!~ and adoption of Ordinance No. 3520 re: parking on city parkways. Ad published November 11, 1999. Ordinance No. 3520 was read by title. Mayor Dale reported the Commission would hear from those persons presem to speak for, or in opposition to, Ordinance No. 3520. No one appeared. On recommendation of the City Manager, Commissioner Lessard moved to adopt Ordinance No. 3520, emitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 17, MOTOR VEHICLES AND TRAFFIC, ARTICLE II, OF THE CITY CODE ENTITLED STOPPING, STANDING AND PARKING, SECTION 17-23(c)(11) OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD AMENDING THE PARKING RESTRICTIONS ON CITY EASEMENTS OR PARKWAYS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner Eckstein and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye lnoperable/untagt~ed vehicles - time extension requests. On recommendation of the Director of Community Developmere, Commissioner Eckstein moved to authorize a twenty-day extension for one vehicle at 802 W. 251h Street. Seconded by Commissoner 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 On recommendation of the Director of Community Developmere, Commissioner McClanahan moved to authorize a thirty-day extension for one vehicle at 1215 Palmetto Avenue. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye CommissionerMcClanahan Aye Ril~ht of Way Use Agreement across the street from 1700 W. 13th Street, Rescue Church of God. The Mayor reported the City Manager is recommending termination of the agreement or indemnification by the Church. Richard Burke, a representative of the Rescue Church of God at 1700 W. 13th Street, reported he would like to reaffirm their commitment and their desire to stay and maintain the City's fight-of-way property that they presently use for parking. They are concerned abom the law suits filed against the City and the Church, bm they were granted the use of this property in 1996 by the City Commission, and the suit was filed in 1997 by Ms. Jones. They understand the E718~72 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November City has the fight to take back the use of the property from the Church, and have the Church restore it to its original state. The question is why, after they have spent about $15,000 to have the property done as a parking lot. Mayor Dale reported that the City Manager has recommended that either the City terminate the agreement, or that the Church indemnify the City, which means that the Church would defend the law suit on behalf of the City. This law suit has cost the City between $3,000 and $4,000 dollars ($3,100 per the City Attorney) because the City has not been able to get any indemnification. Mr. Burke reported the Church had not been asked to indemnify the City up to this point. Commissioner McClanahan reported the Church .would have to retain a lawyer and pay the City $3,100, and pay the lawyer to defend the City. Commissioner Willjams asked if the City had the legal right to permit the Church to use the property for parking, and if the City Manager or the City Attorney had been in contact with a representative from the Rescue Church of God informing them about this situation and asking them to work with the City to resolve the problem. Assistant City Attorney Catherine Reischmann reported yes, the City did have the right to permit the Church to use the property for parking, and yes the City Manager had been in contact with a representative from the Church.. . City Manager VanDerworp reported he has met with Mr. Burke, has talked to him on the phone, and he has copies of letters sent to the attorney the City understood was representing the Church. Assistant City Attorney Reischmann reported they understood the attorney was representing the Church because he had filed an answer on behalf of the Church, appeared at depositions on behalf of the Church, and has litigated this matter all the way through. There has never been any indication from him that he does not represent the Church. Mr. Burke said that particular attorney is the Church lawyer, but he does not know why the attorney has not responded to the letters sent to him on this matter. Mr. Burke asked if there wasn't some kind of time limit on this. He reported they were given permission to use the property and then a year later someone comes and complains about it, after they have improved the property. Anyone had the opportunity to complain before the improvements were done. Assistant City Attorney Reischmann reported there is no time limit, and the issue is, there is a suit. Mayor Dale reported the Commission had the authority and the power to let the Church use the property, but he feels the Court will find it did not have the right to give~t~ublic use of a public right-of-way. Commissioner Willjams reported she wanted Mr. Burke to understand that, based on the if the City entered into a law suit (or was sued), the Church would be responsible for defraying those expenses. agreement, ribt anoi~iion; and, if the Church did not dO that, yhe City Manager is recommending that the Church take up the parking lot. Mr. Burke reported the Church is between a rock and a hard place because the Church can expend money to restore it back, after they have already spend $15,000 to put it in its present state, and the problem still does not go away. Commissioner Williams reported the Church needs some serious legal advice. Commissioner Lessard reported if the Church does indemnify this suit, and lose, and have to tear it up anyway, it loses all the way around. He suggests that some alternative parking be found. Commissioner Willjams reported maybe a representative from the Church, and the City Manager, and a representative for the person who is filing the law suit could try to reach some type of understanding. Mr. Burke reported the Church is willing to do whatever it can to resolve this. If it calls for digging it up and restoring it, so be it, but he is hearing that will not resolve the issue either. Commissioner Eckstein reported the Commission had a concensus this aftemoon to try to develop some kind of a 199 22 19 99 200 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. ERGULAR MEETING November compromise, and make a final decision in three weeks. Possibly the City Manager and Assistant City Attorney Reischmann could meet and find the best solution. No further action was taken on this issue. Economic Development Incentive Assistance to The Sharma Group of Industries for UNICELL PAPER CORPORATION. On recommendation of the City Manager, Commissioner Williams moved to provide up to $1.79, 160 in building permit fee waivers and jobs growth incentive, and authorize the Mayor to execute the Economic Development Incentive Contract, inclusive of appropriate surety instrument, and contingent on Seminole County participation. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye First readine of ordinances to revise platting requirements (easements). Ordinance No. 3521 re: amending LDR Section 6.10, Final Plat Requirements. Ordinance No. 3521 was read by title. On recommendation of the City Manager, Commissioner Eckstein moved on first reading of Ordinance No. 3521, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3 117 OF SAID CITY, SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; SAID AMENDMENTS INCLUDE AMENDING SECTION 6. 10(B), FINAL PLAT REQUIREMENTS TO STATE THAT INFORMATION MAY BE SHOWN ON FINAL PLAT OR SUBMITTED TO THE CITY; AMENDING SECTION 6.10(B)(10), FINAL PLAT REQUIREMENTS, TO REQUIRE APPLICANTS TO COORDINATE VViTH UTILITY COMPAINES AND TO INCLUDE UTILITY EASEMENTS ON THE PLAT; 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 Ordinance No. 3523 re: amendine LDR Schedule N, Utility Easements. Ordinance No. 3523 was read by title. On recommendation of the City Manager, Commissioner Eckstein moved on first reading of Ordinance No. 3523, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3 117 OF SAID CITY, SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; SAID AMENDMENT INCLUDES AMENDING SCHEDULE N, SECTION 3.1 UTILITY EASEMENTS TO ELIMINATE REFERENCE TO "UTILITY'? EASEMENTS AND TO CHANGE THE WIDTH AND PROPERTY LINE REQUIREMENTS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Seconded by Commissioner McClanahan and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Ave Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Board appointments.. Nuisance Abatement Board. The City Clerk reported Sue Walther has resigned from the Board. On motion of Commissioner Lessard, seconded by ~issioner McClanahan, and carried by vote of the Commission as follows: 22 99 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 201 22 19-- ¸99 Mayor-CommissionerDale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner McClanahan Aye the Commission accepted Ms. Walther's resignation. No other action was taken on the board. Waterfront Master Plan Steering Committee. The City Clerk reported there is one vacancy created by the resignation of Kay Bartholomew. No action was taken on the board. Consent Agenda. On recommendation of the City Manager, Commissioner McClanahan moved as follows: Authorize reduced rate/free use of Civic Center for MaRRin Luther King Celebration on January 15 & 16, 2000. Approve Amendment/436 for CPH Engineers to design a water line on Mellonville Avenue to the Airport, in the amount of $54,560.00. Approve amendment to Consultant Services for Hazardous Substance & Waste Management Research, Inc. to increase the 'not to exceed' amount of an existing agreement for environmental testing on the Sanford Gasification project. The amendment will increase the budget for the work by $12,975.00. The City's portion of this increase will be 12.5% of the total, or $1,621.88. Approve remittance of $25,000.00 to Rivero, Gordimer & Company, P.A. for the Sanford Gasification Plant '~rust account". Approve position descriptions as approved by the Civil Service Board October 26 and November 16, 1999. (Includes Fire Training Officer, Planner, Police Captain, Police Commander to Police Lieutenant, Co/mmmity Service Officer, Maintenance Worker I and Equipment Operator I.), with changes as specified. Approve School Resource Officer Agreement with The School Board of Seminole County for J~X.I:, 1~,o June 30, 2000 term. Authorize potable and reclaimed water service and to record Annexation Petition for 10 acre farm Avenue between Celery Avenue and Hughey Street, with owner to pay all fees/costs. Kenneth and Mary owners. Acknowledge payments made during August, September and October, 1999. Approve purchase in amount of $500.00, t° be ,paid from the City CommissiOO l~omotional budget, for Census 2000 T-shiRRs. Authorize water service and to record Annexation Petition for property at ! 70 1 Brisson Avenue, with owners to pay all fees/costs. Kenneth DeFoe and Reed Bates, owners. Authd~iZe execution of two Boating Improvemep, Progrit0 Argreerr~nts W~'li Semilkii~ Comity fQr the ~nna Boat Dock Replacement Project (extend tern ~om December 31, 1999 to December 31, 2000 for FY98/99 ageement and accept $40,000 FY99/00 g~t). Seconded by Co~issioner Williams and c~i;a by y~e of the Commission as follows: Mayor-Com. rniSsjoner Dale Aye Commissioner ECkstein Aye Commissi0/~gr y~illiams Aye Commissi0r~er Lessard Nay Commissioner McClanahan Aye 202 E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING' November 22 19-- 99 Add-on items. A. Approval of contract for Conference Center feasibility study. The City Manager recommended the contract be awarded to the following firms, in order, with authorization for him to negotiate, starting with the top ranked firm, and if that is unsuccessful, move to numbers two and three: 1) Hunter Interests, Inc., Annapolis, Maryland for $33,500, including expenses. 2) Miami Economic Associates, Miami, Florida for $40,000 plus expenses. 3) Horwath Hospitality Consulting, Charlotte, North Carolina for $40,000 plus expenses. The City Manager reported the lowest bid was from ;C. H. Jot;sen Consulting out of Chicago, Illinois for $30,000, but after reviewing the qualifications, the time flame for completion, and the expertise of Hunter Interest, Inc., he recommends Hunter as the number one choice. .,~: .!: ;:.:,. ~ :: :,,': Manager. Information only. Commissioner Lessard moved to award the contract and authorize negotiation as recommendedby the City Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Nay Mayor Dale reported there were two information items provided to the City Commission in the agenda ~ packets. City Attorney's Report. No report. City. Clerk's Report, No report. City Manager's Report. The City Manager reported receipt of a request from the Ritz Theatre for about $75,000 to finish the interior space of the Ritz. On recommendation of the City Manager, Commissioner Lessard moved to approve up to $37,500 from reserves to the Ritz Theatre as matching funds to match whatever donations they receive. Seconded by follows: Commissioner Williams and carded by vote of the Commission as Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye The City Manager reported Staff is working on determining the costs of creating a Special Assessment District for street lights. City Commissioners, Reports. Commissioner Eckstein - Reported the Seminole County Fair is expecting 30,000 to attend, and they are providing their own security. He felt that Sanford Police should be utilized as paid security during the Fair. The Police Department reported that Sanford Police were at the Fair last year, and plan to be at the Fair again this year, and the scheduling will be handled in the same manner. E718672 MINUTES City Commission, Sanford, Florida 7:00 P.M. REGULAR MEETING November 22 19 99 Commissioner Williams - Reported each year the Martin Luther King Celebration is sponsored under the name of the City of Sanford, and yet the recommendation is for the Committee to pay for use of the Civic Center for one day. She would like to consider free use of the Civic Center for both the church service and the banquet. Commissioner Williams moved to authorize free use of the Civic Center for both days of the Martin Luther King Celebration. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner McClanahan Aye Commissioner Lessard - Reported at the comer of Fifth and Pine there is an old building that is being used to make high-end cabinetry, which is providing good paying jobs in an inner-city neighborhood, that people can walk to. Commissioner McClanahan - No report. Mayor-Commissioner Dale - No report. There being no further business, the meeting was adjourned. Attest: mr