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111097 ws/rm min. & E405354 MINUTES City Commission, Sanford, Florida WORK SESSION November The City Commission of the City of Sanford, Florida met in Work Session on Monday, November 10, 1997, at 3:30 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 Kerry D. Lyons Commissioner Velma H. Williams City Manager William A. Simmons City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Walk A Mile Program Mayor Dale introduced Mike Starks, Ruby Ford and Sharon McCreery of the Walk A Mile Program. Mr. Starks reported Walk A Mile is an educational initiative where policy makers are matched with public assistance recipients to learn what each other does. This is a state wide program for the month of November, with a lot of participation by public officials throughout the state. The Welfare Reform in the State of Hofida is called WAGES, Work And Gain Economic Self-Sufficiency, and is a time limited employment focused program. If the recipient does not have work by the end of two years, they go off the Welfare rolls for three years. If at the end of three years they still need assistance, they can go back on food stamps, etc. for another two years. After that two years they are off of Welfare for life. During the time they receive assistance they receive education in employability skills, vocational training and other assistance. Ms. Ford is matched with Mayor Dale for the month, and Ms. McCreery is matched with Commissioner Williams. 10 m. 97 Sanford Main Street report. Jennifer Singeisen presented each Commissioner with an ornament depicting the clock in Magnolia Square as a thank you for their support this past year. These omaments are being sold by Main Street and each year they will sell one with a different scene, making them collectors' items. Ms. Singeisen reported Main Street will be focusing on the Promotion Committee this quarter. The role of the Promotion Committee is to inform the community what is happening downtown through the newspapers, television, radio, other forms of media, and the Speakers' Bureau. It helps to promote the program area as a unified district and can aide new business in advertising, marketing, promotion, and by alerting the media of a newcomer to First Street. Ms. Singeisen reported events are natural as a "hook" to bring people downtown, including image enhancement events, retail sales events and fund raising events, and Sanford has been very busy downtown, averaging more than one event per month. Building community bridges is the key to successful events and to a successful community. Main Street has parmered with the Sanford Historic Trust, the Community Improvement Association of Sanford and the City of Sanford' s Historic Preservation Board to bring the Horida Trust' s Insiders' Tour to Sanford and the community is the beneficiary by bringing Sanford into the State spotlight. In August Main Street worked with the Florida Intemational Festival and Columbia Medical Center to bring the London Symphony Orchestra' s Light Brigade to Sanford with an attendance of more than 300 for high tea in the Civic Center. The Great Fall Expo had a great financial impact. The downtown merchants bene~ted, as well as Mountainview Productions housing their employees in Sanford during the event, and using local merchants and contractors for rental of equipment and staging and lighting facilities, FA05354 MINUTES City Commission, Sanford,' Florida WORK SESSION November 10 19 97 mounting to about $50,000.00 spent in Sanford, not including the $17,000.00 that Sanford Main Street spent for police and fire protection. The Taste of Sanford event this past weekend was an event to bring the community and restaurants together, and raise funds for WinterFest. It created a great atmosphere of "building of community". WinterFest is the holiday lights and the tree downtown, the parade, and the antique and art fair. The major sponsor of WinterFest is the Orlando Sentinel. The Christmas Lights will be put up downtown on Saturday, November 22, I997. Ms. Singeisen reported what transpired with the Great Fall Exposition. Motmtainview Productions, in good faith, made a payment to Sanford Main Street of $19,500.00 to ensure that the payment of the Police, Fire Department and comfort stations could be made by Main Street. She has received a memo from Howard Jeffdes regarding the cost of repair and cleanup of Fort Mellon Park, totaling just more than $7,000.00, primarily for trash pickup. Main Street would like the City to share the cost for this cleanup considering the positive impact the event had on the City. Ms. Singeisen reported that Main Street recently joined the Orlando Convention and Business Bureau and they are working with a group called Welcome Horida that puts together tour packages for spouses of convention attendees, to bring groups to Sanford. Commissioner Eckstein asked how Main Street missed $7,000.00. Ms. Singeisen explained they didn't miss the $7,000.00, Mountainview Productions originally was going to cover the cost of damage and cleanup, but Main Street agreed to cover the damage when they received the check for $19,500.00. Commissioner Eckstein was concerned that this cost was not anticipated. City Manager Simmons reported that the business plan for the Great Fall Expo had Main Street receiving a certain percentage of the gross received by Motmtainview. That gross ran below what was projected, and the cost of fire and police was flexible. Main Street was anticipating receiving more than $19,500.00 to cover all the services. City employees did the bulk of the clean up using mostly overtime hours. The Commission took no action to share the deanup cost for the Great Fall Exposition. City Manager's Evaluation Mayor Dale reported he had filled out his evaluation form and discussed it with City Manager Simmons, and that each of the other Commissioners should do the same. He also reported that a salary range should be established for the City Manager' s position, maybe somewhere between $75,000 and $100,000 per year. Commissioner Eckstein concurred that a salary range needs to be set, that $85,000 is a minimum, and Mr. Simmons should get a significant raise. Commissioner Willjams reported she had a problem filling out the evaluation form because there is no job description for the City Manage position that she could use as a guideline. Commissioner Lyons distributed a listing of City Manager pay ranges by municipal population, asked the Director of Human Services to prepare a proposed pay range for Sanford's City Manager, and reported a five to 10% pay raise is fine. All Commissioners concurred they would individually discuss their evaluations with City Manager Simmons. [Commissioner Willjams tef~ the meeting briefly and returned. ] City Adult Entertainment Code. City Manager Simmons reported this item really involves two issues: the City' s Adult Entertainment Ordinance which produces a set of sites for the mandated Adult Entertainment site requirement and the County' s plan to identify some new sites and get rid of one site close to Sanford which they had previously identified. E405354 MINUTES City Commission, Sanford, Florida WORK SESSION November 10 19-- 97 E405354 Jay Marder explained where the present available sites are, and where the County' s proposed sites are. Commissioner Eckstein asked County representatives why Seminole County didn't join with other counties to challenge this mandate. A County representative' rennrted that the dan~er i.~ ifvn,, dn nnt de~ionate ~ite~ the~e e~tnhli~hmo. nt~ wilt MINUTES WORK SESSION November City Commission, Sanford, Florida 10 19¸-- 97 wishes to change the basic service level and/or consider alternate service level proposals in the RFP process; residential customer service level; is the Solid Waste Division to bid as a contractor or as a City enterprise fund with the same operation and organization parameters as exist, including invoicing customers and/or the City for requested work performed that is not listed as an item in the bid documents if it operates as a City Division. Also, whether they will be authorized to partner with other entities in preparation of the bid and in performance of the contract. [Commissioner Lessard briefly left the meeting, then retumed.] [Commissioner Eck_stein briefly left the meeting, then remmed.] Also, if the Solid Waste Division will be required to post the bid performance bond and other fiscal instruments to the City as required of private enterprise in the draft document; employee transfers and benefits including retirement and sick leave accrual; invoicing of customers by City or Contractor; appraisal/valuation of equipment; status of Art Lane landfill; and contract term and rates. The Commission concurred not to change the service level, The Mayor reported the Solid Waste Division could not bid as a private contractor because it is not a private contractor. Mr. Herman asked if the rules could be changed so the Division behaves more like a separate entity of the Public Works Department or a contractor. The Mayor said no, the rules cannot be changed, they are the law. Commissioner Lyous reported the Solid Waste Division has to be given an oppommity to bid as a separate entity. Commissioner Willjams reported the City should do everything it can to give the Solid Waste Division the oppommity to bid on the RFP. The City Manager reported there should be no reason the City should have to do a bid performance bond, but the Mayor reported that if the Division is going to be a private contractor it should have to behave as a private contractor. Mr. Herman reported that the City would have to be a bonding agent for itself for the performance bond of a City Division. Commissioner Willjams reported the Solid Waste employees should be transferred to other City jobs whenever possible. Commissioner Eckstein reported that all employees leaving the City employ for the company that is awarded the RFP should be paid a percentage of the retirement rate of sick pay they would normally receive for separation from the City. The City Manager reported the hattiers should provide for some of this sick pay compensation in their proposal. Mayor Dale reported that sick leave is not intended to be a retirement bonus. The Commission concurred that the sick leave should be included in an RFP. Also, that billing costs should be included in the RFP. Mr. Herman reported that the Division should come up with a professional estimate of value of equipment before any proposers submit and use that rate. The Commission concurred to not include the Art Lane landfill in the RFP. The Commission concurred to request bids for a five-year contract, and to lock in the rate'. The Commission concurred that a guarantee of what percentage of City employees a private contractor would hire could not be included in the RFP. There being no further business, the meeting was adjoumed. E718672 MINUTES City Commission, Sanford, Florida 7:00 REGULAR MEETING November 10 19 97 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Citizen Participation. Tumer Clayton, Jr., 1401 Mara Court distributed a letter to each Commissioner requesting that property he owns at 1011 Holly Avenue be declared a lawfully existing non-conforming structure. Mayor Dale reported this is an issue which can not be acted on during Citizen Participation because it requires Staffing and then must be put on the agenda. City Manager Simmons reported the Staff has already begun working on this but he has not received all of the information back yet, and it will be put on the agenda for the Meeting of November 24, 1997. Commission meeting minutes. by vote of the Commission as follows: The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, November 10, 1997, 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. Willjams Commissioner Brady Lessard Commissioner Kerry D. Lyons City Manager William A. Simmons Assistant City Attomey William Reischmann City Clerk Janet R. Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order. Economic Development grant for Goldleaf Technologies. Charles Rowe reported that the City has been approached by Goldleaf Technologies regarding relocating their national/international headquarters to Sanford, in the historic Welaka Building. Goldleaf manufactures, develops and distributes software for the financial and banking field. They anticipate bringing from 75 to 100 employees with them to Sanford. The City of Sanford can expect 50% to 70% of the employees to be hired from the Sanford area. There is an opportunity for Sanford to leverage QTI funds from the State which means the City would commit to allocating $75,000.00 over a four year period, which would include a resolution. Mike Coony of the Economic Development Council reported the State's Qualified Targeted Industry Tax Refund Program (QTI) has several tests that one has to pass in order to participate, namely: there has to be out-of-state competition, which this situation passes; the company has to pay at least 15% above the local average wage, which this company does (it is about 35% above the average Seminole County wage); it must require 20% of whatever the amount is that is designated by the State to come from the local Community. QTI is requesting what could be the full amount of upwards of $5,000.00 a job, and Sanford would be responsible for $1,000.00. It would be unlikely that Sanford would be asked to participate in the full amount, but the resolution should reflect that Sanford is willing to support the full amount if the State chooses to say that this is worth $5,000.00 per job. Commissioner Eckstein moved to authorize the preparation of a Resolution to commit $75,000.00 over a four year period for a QTI to bring Goldleaf Technologies to Sanford., Seconded by Commissioner Willjams and carded E718672 MINUTES City Commission, Sanford, Florida 7:00 PM REGULAR MEETING November Commissioner Lessard moved to approve the minutes of the October 27, 1997 Work Session and October 27, 1997 Regular Meeting. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Lessard Aye Commissioner Lyons Aye Continuation of a Public Hearin~ to consider first readine of Ordinance No. 3357 to amend Ordinance No. 2065, the Comprehensive Plan. and amend the Future Land Use Map of the Future Land Use Plan Element of the Comprehensive Plan changine the desienation of a portion of property iyine between Rinehart Road and County Road 46A and between Rinehart Road and OreCon Avenue South. as advertised in the Sanford Herald October 31. 1997. Jay Marder, Director of Planning and Development reported this is a 50 acre site located between CR 46A and Rinehart Road, being proposed for multi-family development with a future land use designation of Residential/Office/ Institutional, which permits up to 20 dwelling units per acre. The City at present is in the Comprehensive Plan Amendment phase of this project, having already been through a recent annexation. So right now, technically, this land is designated in the Seminole County Comprehensive Plan Future Land Use Element. Should this be approved as a Comprehensive Plan Amendment it will then be considered under the rezoning process which provides the ability to consider more detailed aspects of the development, as well as reviewing a site plan which will provide for the absolute details of the development project. The Comprehensive Plan Amendment has been considered and recommended for approval by the Planning and Zoning Commission, and Staff has also recommended approval, based on the City's planning policies, the Joint Planning Agreement with Seminole County, and based on the facilities and services that are available or plan to be made available in this area, including but not limited to infrastructure such as two interstate expressway interchanges and major water and sewer lines and four-laning of the roads providing access to this development. Mike Skat of the Planning and Zoning Commission reported the Planning and Zoning Commission followed Staffs' recommendations, reviewed the surrounding properties, the rapid development of that general area and the commercial zoning in the City of Lake Mary directly across the street. The Planning and Zoning Commission worked off of the Staff recommendations which included that the land designation was in agreement with the Joint Planning Agreement with the City and County, the 20 dwelling units per acre was consistent with the infrastructure that was going in and that there would be an opportunity to review a site plan of any development that was going onto this land. At the time this amendment came before Planning and Zoning there was not a specific project on the table, it was just to look at the zoning. At the. time the Plea:and Zoning Commission was considering this amendment there was input at the Planrang and Zoning ~iiiit~kltl~ing from several residents from the Hills of Lake Mary, as well as City of Lake Mary Staff. City Manager Simmons reported that a letter dated September 8, 1997 from Seminole County addressed to Jay Marder, regarding the Southward Twin Lakes amendment, was previously introduced and discussed at the hearing. The letter states the site plan as proposed by the applicant includes 900 units on 50 acres, or a density of 18 to 20, which would be consistent with the uses described in the Joint Planning Agreement. Ms. Chandler, who signed the letter, stated the County concurred with the City Staff analysis of services and facilities which identifies that all required facilities and E718672 MINUTES City Commission, Sanford, Florida 7:00 PM MEETING NovembeT 1997 services are available to serve this site. City Manager Simmons reported he spoke with Ms. Chandler today and she advised him that right now the County is going through their evaluation and appraisal report study, which is ongoing and not completed yet, but she anticipates this study will show an increase in the need for multi-family housing. Seminole County is still expecting to be built out on residential property by the year 2010, so the previous position in regards to this project has not changed. Jim Hattaway, Attorney for the law firm ofMaguire, Voorhis and Wells and resident of Sanford, residing at 148 North Elliot Avenue, appeared and introduced Wallace Devlin, the main developer of the proposed project; David Portwood, the Architect; Bill Burkett, Engineer; Eric Kenny of Altman Development; and Dwight Sadoff, a Shareholder in the firm of Maguire, Voorhis and Wells. Mr. Hattaway reported they appeared tonight to discuss an amendment to the City' s Comprehensive Plan, which is the first step toward the building of some very nice, high caliber apartment homes. Mr. Hattaway reported when they last came before the Commission on September 15, 1997, they were considering asking the Commission to approve a project encompassing about 900 dwelling units. At the hearing they found there was opposition to this project, so they put a hold on the request and held three voluntary meetings with the citizens of Sanford and Lake Mary. Mr. Hattaway reported that not one person, resident or professional, has called his office to discuss this matter. Mr. Hattaway reported the developer has given the residents everything they have asked for except one, not to build apartments. As a direct result of the citizens' meetings the following were offered: a 100 foot setback in which no dwelling unit would be built; the first row of buildings beyond that 100 feet would be no more than two stories in height; a brick wall of quality and character similar to the surrounding area, the entrance would be gated with a security system and landscaped; there will be no more that 12.5 dwelling units per acre in the project; they will allow no more than 20 boats on the lake at one time, and no gas powered boats at any time; and they have offered the City a conservation easement. He stressed that these things that were offered were all in the developer's agreement, which is 100% enforceable. Mr. Hattaway reported that Seminole County included this property with those in its Comprehensive Plan that are deemed appropriate for medium to heavy development, and that planning theme was carried over via the Joint Planning Agreement between the City and the County. The City and the County put out an invitation as to how much development would be allowed in that area, and the developer took the City and the County up on that offer. The developer promised to build a fine product. They have heard and respected the concerns of the citizens. They have been honest, open, forthcoming and receptive and they only ask for the opportunity to build something that is truly special. Dwight Saathoff submitted for the record the Staff Report of the City of Sanford, and the letter from Ms. Chandler of Seminole County, each Commissioner received a copy of these documents. Mr. Saathoffreported the main issue tonight is to decide if Sanford is going to have adequate housing in an area that has been targeted for extremely high intensity growth. Currently Sanford's existing Land Use Map shows no multi-family development any closer to the Mall than the project site is. A manual for planning, "Best Development Practices" published by the Department of Community Affairs in Tallahassee, suggests that higher density housing be placed near commercial centers and transient lines. That is precisely what the developer wants to do. Mr. Saathoff reported that according to Jay Marder and Frances Chandler, the authors of the Joint Planning Agreement, the intent was to develop this project site in its entirety as medium to high density residential. Per the City's land use designations medium to high density residential development would be somewhere between 10 and 20 development units per acre. The developer's plan provides for about 12.5 units per acre on E718672 MINUTES City Commission, Sanford, Florida 7:00 PM MEETING November 10 191 97 the southerly portion. The City's Comprehensive Plan specifies the criteria for approving higher density residential development. There are two criteria: accessibility to major thoroughfares or collector roads and compatibility of land uses. The first requirement is satisfied by property frontage on both Rinehart Road and Paola Road. Rinehart Road is currently four-laned and has excess traffic capacity of roughly 20,000 trips per day, and this project might consume 2,000 to 3,000 average trips per day. Paola Road is the same, as it is being four-laned. The City's Comprehensive Plan, under the section on goals and objectives of land uses, states stable residential areas shall be protected from encroachment by incompatible non-residential development, not even contemplating that other residential uses would be incompatible. It goes on to state that perimeter landscaping techmcs shall be applied in multi-family residential developments in order to appropriately screen and buffer existing and planned single family home sites from residential development having differing structure types and density. Therefore, according to the City of Sanford's Comprehensive Plan multi-family residential is not incompatible in this area, it is just a matter of buffering. Mr. Saathoff reported that this project will probably cost about $38 million, which has a substantial positive effect on the tax base in Sanford. The impact fees are paid up front, totaling slightly more the $3 million, most of which will come to the City of Sanford. Eric Kenny, Altman Development Corporation, 2201 Corporate Boulevard Northwest, Boca Raton, Florida, reported the proposed development would include about 26% to 27% one bedroom apartment homes, 42% to 44% two bedroom apartment homes and the balance as three bedroom apartment homes. The average apartment size would be approximately 1,050 square feet, heated and air conditioned. This would not include outside storage rooms or outside balconies or patios. Many apartments would include ground floor private entries with direct access garages as part of the apartment home. The rent would range from approximately $690 to $1,300 a month. Matt Burke, 2850 Oregon Avenue reported he has no problem with the proposed development and his family has been a property owner in the proposed development area for over 130 years, and he is not thrilled about the growth, but he realizes it is inevitable. The following persons spoke in opposition of the proposed development: Nell Snow, 176 Woodridge Trail, Keith Ivey, 132 Woodridge Trail, Ted Williams, 4700 CR 46A, Irene Fultz, 173 Woodridge Trail, Lore Zahn, 135 Woodridge Trail, Harry Stewart, Akerman, Senterfitt & Eidson (representing the Estate of Viola Kastner and her son, Eoghan Kelley), 6uy Mintor, 13 1 Woodridge Trail, King Helie (representing Eoghan Kelley and the Estate of Viola Kastner), Bob Foley, 752 Lake Como Drive, Dean Shoemaker, 128 Woodridge Trail, Fred Lupo, 880 Bright Meadow Drive, 6eorge Duryea, City of Lake Mary, (supporting Lake Mary and Sanford citizens), Matt West, Lake Mary City Planner (representing the Lake Mary City Commission), Jeff Dean, 455 Randon Terrace, Lake Mary, Kay Shoemaker, John Wojcik, 132 Kaywood Avenue, Todd Finky, 421 Country Wood Circle, and Kevin Gilfedden, Lake Como Drive, Lake Mary. The concerns expressed included: potential contamination of existing water supply, proposed number of boats to be allowed on the lake, endangerment of wildlife and its habitat, quality of long-term maintenance and upkeep, setting a precedent for the development of surrounding land, different interpretations about the Comprehensive Plan and Joint Planning Agreement, the density and intensity of the development, lake access, provisions for the trees and areas around the lake, berms to prevent run-off, garages for every unit, the lack of concession by the developer for the concerns of the citizens, incompatibility to the surrounding development, an increase in crime, devaluing of property values, the E718672 City MINUTES Commission, Sanford, Florida 7: 0 0 PM MEETING NovemBer 10 1997 m traffic and congestion and accessibility at entrances, overpopulation in a condensed area, distance between the proposed development and Kaywood, Hills of Lake Mary, and private property owners in the area. Also, concem about the lack of notification and invitation of all Sanford and Kaywood residents to attend the community information meetings held in the City Manager's Conference Room in Sanford City Hall was expressed. Other concems expressed were the enforceability and length of the "Developer' s Agreement" presented to the Commission, the conceivability of luxury apartments at the proposed rental rate and lack of amenities, the availability of schools for the increased population of children and the loss of feeling of community caused by transients. [Commissioner Williams briefly left the meeting during the presentations, then retumed.] [Mayor Dale passed the gavel to Commissioner Eckstein and left the meeting during the presentations, then returned approximately 10 minutes later, and Commissioner Eckstein passed the gavel back to Mayor Dale.] Frances Chandler, Seminole County Acting Director of Planning, appeared and reported that when the Joint Planning Agreement was beginning to be developed in 1991, the city had not completed the infrastructure programming, specifically for water and sewer in this area, so a lot of the initial land uses looked at were those that did not have a capital improvements element in place to extend water and sewer to these areas; they wanted to have higher-intensity planned development along 1-4, but the final analysis had not been completed on the water and sewer extensions. So the Joint Planning Agreement took into consideration the types of uses desired over a 20 year planning horizon when the infrastructure improvements (water, sewer, two interchanges, the Greeneway extension) were in place. Construction is now about to be initiated on those improvements. The Joint Planning Agreement does not identify this land as single- family residential. The purpose of the agreement was to ensure that city-county disagreements over annexation would not occur as long as some general, mutually agreed to guidelines that were consistent with the future land use vision the city and county both had for the area were followed for its development. She confirmed that the letter she wrote still confirms her staffs review of this proposed land use amendment with the Joint Planning Agreement. Ms. Chandler stated that th9 Future Land Use Equivalency Charts were to provide a basis for city/county review to determine land use consistency with the Future Land Use Element, as amendments came forward. It was meant to identify when the county might object to annexations on the basis of land use density changes. It was not in any way intended to supersede the city's land use process, which would continue under whatever provisions the city's Comprehensive Land Use Plan specified. The Agreement is a guideline. Further, the city, county, and state have spent 23 million dollars to provide infrastructure and another 262 million dollars has been spent in order to put in interchanges in this area, and have thereby created an opportunity for high intensity planned development in this area. Mr. Saathoff addressed some of the concerns expressed reporting that the developer has had the biologist and scientific firm of Jim Monica and Associates do a Wetlands Environmental Assessment and they have found no endangered or threatened species. He reported that the site plan is not what is being decided on tonight, and the agreement that was submitted to the Commission was a form given to them by the City that they filled out to the best of their ability. He further reported the average rent for this project would be $980.00 per month. Mr. Saathoff reported that the site plan they proposed included netting out the lake, the environmental wetland areas, and the dedicated right-of-way, which makes the density units per net acre, not units per gross acre. Mr. Hattaway reported an environmental engineer would not support the claim of water contamination. He reported that the alternative proposals spoken of tonight have never been presented to the developer for consideration, and are being used as a delay tactic. He further reported that Sanford is MINUTES City Commission, Sanford, Florida 7:00 PM MEETING November 1997 coming out of the dark ages and coming alive, and the City is going to need projects like this for its continued growth in the future. Mr. Portwood reported there is a great need for luxury apartments in this part of the City. Mayor Dale closed the public hearing. He reported this Commission has to look at the elements that comprise the Comprehensive Planning of this City, and the Inte~ocal Agreement that the City has with Seminole County, and how the City proposes to develop this area, and why the City spent all the money on the infrastructure to bring this base to Sanford. Commissioner Eckstein reported change is good, but Sanford can do a lot better than this development. He reported multi-family is not the way to go. Acting City Attorney Reischmann reported that what the Commission has to decide on tonight is a Comprehensive Plan Amendment to the future Land Use element. The site specific amendment is controlled by a recent Supreme Court Case, Martin County vs. Usum,. which states that as of 1997 it is a legislative action, and it is subject to the fai~y debatable rule. The fairly debatable standard of review is a highly deferential standard requiring approval of a planning action if reasonable persons could differ as to its propriety, in other words an Ordinance can be said to be fairly debatable when for any reason it is open to dispute or controversy on grounds that make sense or point to a logical deduction that in no way involves its constitutional validity. All that the law requires is that you apply this law to the facts that you have heard. Mayor Dale asked City Manager Simmons if there was any element to _give credence to this application being denied. City Manger Simmons reported the Staff and the Planning and Zoning Commission have recommended that, at this stage, it be approved, recognizing that this is the Comprehensive Plan Amendment stage. Commissioner Lyons reported the developers have not proposed a compelling argument, but he feels the City has worked backwards into this by having a site plan before the amendment to the Comprehensive Plan. Commissioner Williams reported she is still struggling with a decision, after considering all the concems, reports, and recommendations. Commissioner Lessard reported he is in an absolute quandary after weighing all of the considerations of each of the parties concemed, as well as the legal aspects and the benefits to the City. Commissioner Willjams asked Acting City Attorney Reischmann if there were any legal ramifications in giving the developer consideration. Mr. Reischmann reported that answering that question puts him in a ve.ry difficult position because his firm also represents the City of Lake Mary, and they have stated their position very clearly, and for him to advocate a position contrary to that would be a clear violation of his professional ethics. Based on Staff findings, Commissioner Williams moved to approve for discussion the first reading of Ordinance No. 3357, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 2065 OF SAID CITY; SAID ORDINANCE BEING THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF A PORTION OF THE PROPERTY LYING BETWEEN RINEHART ROAD AND COUNTY ROAD 46A AND BETWEEN RINEHART ROAD AND OREGON AVENUE SOUTH FROM LOW DENSITY RESIDENTIAL (LDR) AND MEDIUM DENSITY RESIDENTIAL (MDR) TO RESIDENTIAL, OFFICE AND INSTITUTIONAL (ROI); PROVIDING FOR SEVFR A Ftll .ITY, CO_N!FL!CTS A_ND EF~F, CT!.vF, D ATE. Mayor Dale passed the gavel to Commissioner Eckstein and seconded the motion for discussion purposes. Commissioner E718672 City MINUTES Commission, Sanford, Florida 7:00 PM MEETING November 10 1997 Lessard asked the Commission to take into consideration that he is totally unprepared to make a decision on this issue. Commissioner Eckstein reported if he is undecided then he should vote no. Commissioner Lyons reported they have dealt with this issue for over two months and they cannot continue to force the developer or the residents to suffer under the acts of the Commission. Mayor Dale reported even if this Ordinance passes tonight it is going to the DCA, and if it is such a bad project it will come back from the DCA. Jay Marder reported that the vote that is taken tonight is one of two votes that will have to be taken on the Comprehensive Plan Amendment. It will be sent to the Department of Community Affairs, they will send it to the various review agencies, and it will eventually come back to the Commission with a finding of either being in compliance or non- compliance, and then the Commission will have the opportunity to take a second vote to adopt or not adopt the Ordinance to amend the Comprehensive Plan. After that, the rezoning will have to take place which the Commission will vote on twice after going through the Planning and Zoning Commission. Upon roll call vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Nay Commissioner Eckstein Nay Ordinance No. 3357 was passed on first reading. Commissioner Eckstein passed the gavel back to Mayor Dale. The Mayor recessed the meeting for approximately ten minutes, then reconvened it. Mayor Dale asked if there was anything on the agenda that could be tabled without undue lack of process. City Manager Simmons reported he has a written request from Robert G. and Marguerette S. Sullivan to delay to another time their request for waiver of impact fees. Commissioner Lyons moved to table the request from Robert G. and Marguerette S. Sullivan for waiver of impact fees. 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 Lyons Aye Public Hearing to consider closing, vacating and abandoning a north-south alley between Spurling Street (W. 22nd St.) And West 23rd Street and between Park Avenue and Oak Avenue, as advertised in the Sanford Herald on October 23. 1997. posted October 23. 1997, and owners notified October 23. 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, the closing, vacating and abandoning of this alley. Pat DeDeian, Park Avenue, reported she owns two properties adjoining the alley between Park Avenue and 23rd Street. She has rental units on the alley and the tenants have to use the alley for access and parking. Commissioner Lyons reported he requested the alley closing because of undesirable activities reported in the alley. One of Ms. DeDeian's tenants reported that yes, the alley is dark, and people use it to drive through. He is not aware of any activities in the alley, but there is on the comers. He was told that the alley would be cleaned up and lights put at the comers. Ms. DeDeian reported she has cleaned up the alley and has kept it clean, but her neighbors still have brush and debris in the alley. She reported there is no way her tenants could park in the alley if the city vacated E718672 MINUTES City Commission, Sanford, Florida 7:00 PM MEETING November 10 1997 it and she would only have half of it. Commissioner Lyons moved to continue this Public Heating for two weeks to allow him time to get more facts on the property and get with the property owners to validate the condition of the alley. 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 Lyons Aye Commissioner Eckstein reported if the City is going to vacate an alley all the property owners along the property line need to be contacted. Jan Dougherty, City Clerk reported that this is something her office handles with any alley, street or easement vacate. All the abutting property owners are notified if it is an easement, but if it is street or alley where people could possibly use it to drive through, all property owners within the block on either side are notified. In this case notices were sent to all residents involved by certified mail, and the alley was posted. Public Hearing to consider closing, vacating and abandoning Commercial Street between Mulberry Avenue and Pomegranite Avenue. ad advertised in the Sanford Herald on October 23, 1997. posted October 23, 1997. and owner notified October 23. 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, closing, vacating and abandoning this portion of a street. No one appeared. City Manager Simmons reported he recommended this be tabled until January 12, 1998 in order to allow time for the applicant to do a survey to determine where all of the existing utilities are located in the street. The requestor, Mr. High has indicated to the City Clerk he has no problem with the whole street tight-of-way being retained as a utility easement. This would eliminate the need for a survey and the City can vacate the street retaining the entire street as a utility easement. This scenario would suggest a motion to table for two weeks. Commissioner Lyons moved to table the public heating for two weeks. Seconded by Commissioner Willjams and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Public Hearing to consider second reading and adoption of Ordinance No. 3371. re: Annexing a portion of property lying between Airport Boulevard East and Americana Boulevard and between Americana Boulevard and Orlando Drive. as advertised in the Sanford Herald on October 30 and November 6. 1997. Mayor Dale reported the Commission would hear from those persons present to speak for, or in opposition to, Ordinance No. 3371. No one appeared. Commissioner Eckstein moved to adopt Ordinance No. 3371, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD EAST AND AMERICANA BOULEVARD AND BETWEEN AMERICANA BOULEVARD AND ORLANDO DRIVE, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Seconded by Commissioner Lessard and carried by vote of the Commission as follows: E718672 MINUTES City Commission, Sanford, Florida PM MEETING & NovembeT ~997 Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Request from Affordable Home Center. Inc. for waiver of impact fees and building. electric. plumbing and mechanical permit fees. Mary Hilliman, 130 Sanora Boulevard, Sanford was present to represent the Affordable Home Center. City Manager Simmons reported this request is for the waiver of impact fees for construction often single family, low-income units during the next year. The request also includes a waiver for building, electrical, plumbing, and mechanical permit fees. City Manager recommended no waiver of impact fees, however the collection of impact fees be delayed until the certificate of occupancy is issued, and closing occurs. He also recommended waiver of building/electrical/mechanical permit fees in order to provide some assistance for affordable housing that doesn't represent an out-of-pocket cost to the city. On recommendation of the City Manager, Commissioner Eckstein moved to not waive the impact fees, but to delay the collection of impact fees until the certificate of occupancy is issued and closing occurs, and to waive the building, electrical, plumbing and mechanical permit fees. Seconded by Commissioner Lyons and carried by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye Resolution No. 1770. re: supporting an amendment to Article VIII Section 2(a) and © of the Florida Constitution. Mayor Dale requested this Resolution be rescheduled until the next meeting, and the Commission had no objection. First reading of Ordinance No. 3374. re: establishing Utility Operations Coordinator position and abolishing the Water Superintendent and Sewer Superintendent positions. Commission Lyons moved on the first reading of Ordinance No. 3374, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361 AND ITS AMENDMENTS TO PROVIDE FOR THE ESTABLISHMENT OF A "UTILITY OPERATIONS COORDINATOR" POSITION IN THE UTILITIES DEPARTMENT; CONCURRENTLY ABOLISHING THE POSITIONS OF "WATER SUPER/NTENDENT" AND "SEWER SUPERINTENDENT", AND TO PROVIDE FOR THE INCLUSION OF FOUR (4) POSITION CLASSIFICATIONS ("POLICE COMMUNICATION LEAD OPERATOR", "DATA PROCESSING MANAGER", "EQUIPMENT OPERATION IIFROUTE SUPERVISOR", AND "UTILITIES OPERATION COORDINATOR") INTO THE "CLASSIFICATION AND PAY PLAN" DOCUMENT AND TO ASSIGN THOSE CLASSIFICATIONS INTO THE APPROPRIATE PAY GRADES AS RECOMMENDED BY DMG & ASSOCIATES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. ' Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Date Aye Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye First readinE of Ordinance No. 3375. re: Pay Plan clarification. E718672 MINUTES City Commission, Sanford, Florida 7:00 PM MEETING NovembeT 77 Commissioner Lessard moved on the first reading of Ordinance No. 3375, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3361, AND ITS AMENDMENTS, TO PROVIDE FOR THE ESTABLISHMENT OF CERTAIN EFFECTIVE DATES AND ORDER OF SEQUENCE TO B APPLIED RETROACTIVELY (CONCURRENT WITH OCTOBER 1, 1997) TO SITUATIONS INVOLVING MULTIPLE, SIMULTANEOUS, PERSONNEL-RELATED PAY PLAN TRANSACTIONS; 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 Lyons Aye Condemnation Status Report. Commissioner Lyons moved to table the Condemnation Status Report until the next meeting. 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 Lyons Aye Board Appointments. Citizen's Advisory Board. Commissioner Eckstein will appoint someone from Groveview at another time. Historic Preservation Board. Commissioner Lessard moved to accept the resignation of Catherine Bossert. 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 Lyons Aye Mayor Dale requested that Lisa Lessard be struck from the application file for all Boards. Commissioner Lessard moved to appoint Walt Padgett to the Historic Preservation Board. 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 Lyons Aye Consent Affenda. On recommendation of the City Manager, Commissioner Eckstein moved: 1. To accept the lowest bid, in amount of $4,198.49 from Pestban Past Control for Bid Tabulation #97/98- t4, Turf Maintenance for the Historic Sanford Memorial Stadium; 2. To accept the lowest remaining bid that met specifications, in amount of $7,605.00 from Adrian J. Laurencelle for Bid Tabulation #97/98-15, PC Computers and Upgrades; 3. To approve payment of the City's share of GEI invoice re: former Gasi~cation Plant in amount of $5,000.00 (20% of $24,999.77); 4. To approve vouchers for October 1997; E718672 City MINUTES Commission, Sanford, Florida PM MFFTTN~ Nnvember 10 1997 5. To authorize the execution of an agreement for the FY 1997 Local Law Enforcement Block &ants Program in the amount of $127,108; 6. To approve, and authorize to prepare for signatures, a Memorandum of Understanding with Sanford Airport Authority; 7. To authorize the installation of Holiday Lights on City Hall and expenditure in amount of $4,590.00 for salne. Seconded by Commissioner Lessard and carded by vote of the Commission as follows: City Attorney's report. No report. City Manager's report. Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Lessard Aye Commissioner Lyons Aye City Manager reported receipt of a request from Patty Hartwig, as a representative of the Seminole High School Chorus, for flee use of the Sanford Civic Center on Sunday, December 14, 1997 to perform a free concert. Ms. HinTwig reported there would be 250 students in four performing groups involved in this concert. These same students have been invited to perform at Walt Disney World on 15 different occasions over the 1997 holiday season. The Chorus would like the opportunity to use the Civic Center to perform this concert flee of charge for the citizens of Sanford and the downtown merchants. Jennifer Singheisen has agreed to coordinate the merchants' donations of decorations, hot chocolate, cookies, etc. to be available at the concert. The Chorus would like the City to also be a part of the concert by providing the Civic Center for the free concert. Ms. Hartwig stressed that this would not necessarily' be flee use, but a donation of use by the City. The Commission concurred to lease the Civic Center at the reduced rate in amount of $120.00 for two hours, and Commissioner Lessard and Commissioner Lyons volunteered to each pay half of the reduced rate. City Manager Simmons reported that Fred Rogers, representing the Ritz Theatre is requesting free ~use~ the Sanford Civic Center on November 21 st, 22nd and 23rd, for the production of "Godspell", to raise funds for the restoration project and future productions. Mayor Dale reported that Seminole County and the State of Floridi~lm,ve both donated money to the Ritz, and the City should make an in-kind donation. Commissioner Eckstein reported the policy in the past with the Martin Luther King, Jr., Celebration Committee was to waive the fees for just one day of a multiple day event. Commissioner Eckstein moved to waive the fees for one day. Seconded by Commissioner Lyons and carded by vote of the Commission as follows: Mayor-Commissioner Dale Aye Commissioner Eckstein Aye Commissioner Willjams Nay Commissioner Lessard Nay Commissioner Lyons Aye City Manager Simmons reported the request from Central Florida Legal Services, Inc. for flee use of the Civic Center on December 5, 1994 for pre-Christmas KID-STUFF-TRADE-A-THON and the request from Seminole Community Mental Health Center for free use of the Cultural Arts Center on December 9, 1997 for an appreciation E718672 MINUTES City Commission, Sanford, Florida 7:00 PM MEETING November 10 19 97 banquet for their volunteers can both be carded forward to the next meeting. The Commission concurred. City Manager Simmons reported receipt of a request from Police ChiefDillard to declare as surplus one Sig-Sauer Model P 226 nine-millimeter weapon which has been used by Commander Lewis Bishop who will be retiring the end of November. Commissioner Lyons moved to declare Commander Lewis Bishop's weapon as surplus and give it to him at the time of his retirement the end of November. Commission as follows: Mayor-Commissioner Dale Commissioner Eckstein Commissioner Williams Commissioner Lessard Commissioner Lyons City Clerk's report. No report. City Commissioners' reports. Commissioner Eckstein - No report. Seconded by Commissioner Lessard and carried by vote of the Aye Aye Aye Aye Aye Commissioner Williams - Requested that discussion of the utilization of 15% of the confiscated drug funds being placed back into the community be put on the next Work Session Agenda. She also reported concem that there are between 18 and 22 public telephones on 13th Street, from Lake to Southwest Road. There seems to be about 18 telephones in one block, in some cases about 15 feet apart. The City Commission requested City Manager Simmons to look into this matter and bring an answer back to the next meeting. Commissioner Lessard - No report. Commissioner Lyons - No report. Mayor Dale - Reported the Law Enforcement Options Committee has submitted a recommendation to the Commission to place on referendum an amendment to the Charter of the City of Sanford to change the party authorized to hire and supervise the Fire and Police Chiefs from the City Commission to the City Manager. Commissioner Lyons reported he would like this issue to be on a regular City election, and has a problem with a special referendum just for this issue. The Commission concurred to discuss this recommendation at the next scheduled Commission Work Session. Mayor Dale - Reported street lighting in the 13th Street area was discussed and he wanted to know if a report on that had ever been received. Jerry Herman, Public Works Director agreed to provide a report on the upgrading of lighting along 13th Street at'the next meeting. There being no further business, the meeting was adjoumed. Attest: