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052802 ws/rm min. q b MINUTES City Commission, Sanford, Florida WORK SESSION MAY 28 2002 E000141,~ The City Commission of the City of Sanford, Florida met in Work Session on Tuesday, May 28, 2002, at 4:00 P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Whitey Eckstein ....... Commissioner Art Woodruff Commissioner Randy Jones Commissioner Velma Williams City Manager Anthony VanDerworp City Clerk Janet Dougherty Absent: City Attorney William L. Colbert The Chairman called the meeting to order at 4:05 P.M. Interview of prospective board appointees. Planning & Zoning Commission. Richard F. Huber and James Ross Lee had previously been interviewed by the Commission for this Board and were not present for interviews. Waterfront Master Plan Steering Committee. P. Douglas Groseclose had previously been interviewed by the Commission and was not present for an interview. LYNX mid-year report on transit services. Byron Brooks, Executive Director of LYNX, presented a report entitled "City of Sanford Mid-Year Update," dated May 28, 2002. Sanford Main Street quarterly report. Marlene Frith, Executive Director of Sanford Main Street, Inc., presented a report entitled "Sanford Main Street, Inc.: S~ of Activities, February- April 2002," dated May 28, 2002. She also distributed the Spring 2002 edition of the organization's Main Street Messenger newsletter. (City Manager VanDerworp briefly left the meeting and returned during this presentation.) Sports Commission quarterly report. Central Florida Sports Commission President and Chief Executive Officer Randy Johnson and Executive Director John Saboor presented the Sports Commission's quarterly report for the first quarter of 2002. (Commissioner Eckstein left the meeting during this presentation.) "ItvdroFair 2003: Excitement in Sanford" Special Event status report. David Lawrence, representing HydroFair, Inc., along with Reed and Teri Boardman, representing the event organizers of the proposed "HydroFair 2003: Excitement in Sanford" event, presented an informational booklet on the proposed event and reported that in light of the Riverwalk project, the event would be planned for 2004 rather than 2003. (Commissioner Eckstein returned to the meeting during this presentation.) (Mayor Lessard briefly left the meeting and returned during this presentation.) The event organizers requested a number of in-kind services and a financial contribution from the City; the City Manager requested that the organizers keep him up to date on progress regarding the event's $400,000 sponsorship goal. ~"~ Larry. A. Dale Aquatic Center quarterly report. Coach Tony Ackerson of the Larry A. Dale Aquatic Center presented the Center's quarterly report. He advised the Commission that he would revise his written report to reflect a new cooperative effort between the Police Athletic League and the Aquatic Center, and that he would provide it to Mike Kirby, Director of Recreation and Parks, for distribution on May 29th. (City Manager VanDerworp briefly left the meeting and returned during this presentation.) MINUTES WORK SESSION MAY 28 292 City Commission, Sanford, Florida E00014148 Sanford Police DeOartment tluarter.ly report. Police Chief Brian Tooley presented a report entitled "Sanford Police Department: Quarterly Statistics, First Quarter 2002," as well as the Sanford Police Department's new policies and procedures manual. Chief TooIcy said that on page 4, under "Priority 1 Calls, April," the average dispatch time of 4:03 shown is erroneous. Chief Tooley said that this may be the result of one of the officers' failure to check in from the scene upon his anival, and the entire time he was at the scene is reflected in the average. (Mayor Lessard briefly left the meeting during this presentation and returned.) (Commissioner Jones left the meeting during this presentation.) Discussion re~ardinll proposed uniform toter (iarle refuse container) prollram. Jerry Herman, Director of Public Works, along with Sid Vihlen and Joe Briarton of Florida Recycling Services, Inc., presented options to the City for a proposed uniform toter (95-gallon solid waste container) program. (Commissioner Jones returned to the meeting dtu-ing this discussion.) (Mayor Lessard briefly left and returned to the meeting during this discussion.) The Commission directed the parties to move forward with negotiations on this iten~ Discussion of Regular Allenda items, Add-on items, and other items. Mavor's briefinl. City Manaller's briefim!. The City Manager distributed additional items related to Public Hearing No. 3 on tonight's agenda. There being no further business, the meeting was adjotm~ed at 6:15 P.M. Mayor Attest: City Clerk re REGULAR MEETING MAY 28 City Commission, Sanford, Florida 20-~ EI1¢~14148 .................... The City Conmission ofhhe City of Sanford, Florida met in Regular Meeting on Tuesday, May 28, 2002, at 7:00 P.M. in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Whitey Eekstein .... Commissioner Velma H. Willirma Commissioner Art Woodraft Commissioner Randy Jones Assistant City Attorney Lonnie N. Groot City Manager Anthony VanDerworp City Clerk Janet Dougherty Absent: City Attorney William L. Colbert ...... The Chairman called the meeting to order at 7:01 P.M. Annroyal of Minutes of the Work Session and Relzular Meetin~zs of May 13, 2002. Recommended by the City Clerk and the City Manager. Conii~fkssioner Jones moved to approve the Minutes of the Work Session and Reguhr Meetings of May 13, 2002. Seconded by Commissioner Willirma and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner W'~liams Aye Commissioner Wooaft Aye Commissioner Jones Aye Consent Alenda: {1) Annrove nayrecurs'made durinl! Anal 2002; (2) Annrove naymerit ofCi_t3r Attornev's Statement for the month of Anal 2002; (3} Annrove nrouosai for continued aroundwater monitorinn services at Site 10 and the Mayfair Golf Course from Ardaman & Associates at a cost not to exceed $14,355; (4} Annrove revised bid for conductinn a survey of all trees located on Ci~'s ri~lhts of way from Earth Advisors, Inc., in an amount not to exceed $35,000; (51 Annrove renewal of existinsz contact for aerial adult mosouito/midize control with Clarke Environmental Mosouito Manaaement, Inc./(61 Annrove Gasifieation Plant Site Groun and Environmental and Health Integrated, Inc. contact amendment in the amount of $42,500 for ecololzical services and submittal of renorts to the Environmental Protection Aftency; (7) Annrove $2,500 transfer of funds to "Rental and Leases" from General Fund Reserve in order to allow Public Works to continue rentlull equinment in sunnort of downtown sDeeial events functions; (8} Annrove nutchase of Ci.ty Wireless Network Proieet eouinment and instaihtion services from Edu Tek Educational Solutions, Inc. in the amount of $60,487.56; (91 Annrove Work Order No. 2 with HHI in the amount of $10,000 to accomnlish the Visioninll Proiect; (10) Annrove extension of contract with Economic Develonment Manazer throulzh October 1, 2002; (11) Award bid for Concentual Beautification Alternatives for the 25a Street and Park Avenue intersection to Land DeshZ..tl I.a. n0valions, Inc. in the amount of $9,600; (121 Award bid for Historic Sanford Memorial Stadium and Chase · Park Sports comnlex sound system to lowest resnonsive bidden Danforth Sound Systems, in the amount of $23,995. Recommended by the City Manager. Following discussion, Commissioner Willirma moved to approve COltSent Items 1 t~otagh 12.I SptVnde91 Commissioner Woodruff and carried by vote of the Commission as folioWs: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodraft Aye Commissioner Jones Aye CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE PLANNING AND ZONING COMMISSION TO APPRO~/E WITH CONDITIONS A SITE PLAN AND VARI/hNCE FOR THE MAXIMUM BUILDING HEIGHT FROM 35 FEET TO 39 FEET FOR THE GROVES AT SANFORDAPARTMENTS, 1301 EAST AIRPORT BOULEVARD, SANFORD, FLORIDA. The City Commission based on the clear and convincing evidence contained in the record before the Planning and Zoning Commission (P&Z) on February 7, 2002, at Appeal Hearing on April 22, 2002, and during reconsideration of April 22, 2002, action on May 28, 2002, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property at 1301 East Airport Boulevard, Sanford, Florida, abuts a developed residential subdivision consisting of single-story detached single-family homes and two-story attached multi-family town homes. (2) That the applicant desires to construct a multi-family apartment complex consisting of all three (3)story buildings, with a variance in the maximum building height from 35 feet to 39 feet. (3) That on February 7, 2002, the P&Z: (A) Approved the request to increase the maximum building height from 35 feet to 39 feet, subject to conditions, one of which being that proposed buildings 9, 12, 14, and 15 shall not exceed two (2) stories and proposed buildings 7 and 10 shall not exceed two (2) stories on the end units with three (3) in the middle; and (B) Approved the Site Plan subject to conditions, one of which being that proposed buildings 9, 12, 14, and 15 shall not exceed two (2) stories and proposed buildings 7 and 10 shall not exceed two (2) stories on the end units and three (3) stories in the middle; another of which being that the Site Plan approval is subject to approval of a Dimensional Variance to increase the maximum building height from 35 feet to 39 feet. (4) That the City Commission has set a policy of protecting existing neighborhoods by mitigating the impacts of new development on existing development, and of protecting property rights, at the same time providing for legitimate use of property. CONCLUSIONS OF I.AW (1) This commission finds that the increased building height will provide more aesthetically pleasing elevations than the standard of 35 feet permitted in the Land Development Regulations; however, the impact of the new development on existing development must be mitigated as much as possible. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request to overturn the P&Z's approval with conditions on February 7, 2002, is approved and the building height variance from 35 feet to 39 feet is approved conditioned on the following: buildings 12, 14 and 15 will be limited to two stories; buildings 12, 14 and 15 will have Bahama-style shutters installed over all south side windows; there will be no windows on the south sides of buildings 7 and 10; there will be no balconies in the entire project; 6" caliper live oak trees rather than 4" caliper trees will be installed along the southern property line, with the developer to monitor and evaluate the trees after installation and if there is a conflict with the trees and power line, the developer will resolve the conflict so the trees are not topped off; downlit, shoebox-type fixtures will be installed in the parking lot; once the project is completed the project will be subject to monitoring by city staff to ensure that it does not affect neighboring subdivisions. DONE AND ORDERED this 28th day of May, 2002. Attest: ~ City Cle I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Meredith A. Harper, Esq. - Schutts & 300 South Orange v ue, Suite 100, Orlando, Florida Bowen, LLP, /~ ~ 32801, this .......... day of 2002. Clit~6~/~erk~ MINUTES City Commission, Sanford, Florida REGULAR MEETING MAY28 2~1 lg00~1414g Public Hearings. Second reading and adoption of Ordinance No. 3708 to annex 0.65:1: acre of property lying between Hibiscus Drive and ~ .... Rose Drive and between Sanford Avenue and South Park Avenue {302 Poinsetta Drive and 205 Poinsetta Drive); Carlos Rodril:uez and Jon Be~er, owners. Recommended by the City Manager. Ad published May 19 and 26, 2002. The map was omitted from the May 26, 2002 ad in the Seminole Herald;, therefore, it was reconme~ed by the Assistant City Attorney that this item be tabled until the proper legal advertising has been accomplisheeL Mayor Lessard announced ...... that this item was tabled until the June I 0, 2002 City Commismo'n meeting. Re: 1.88& acres of property..lyiml between West S.R. 46 and Smith Canal Road and between Unsala Road and EIder Road {1270 Upsala Road}; Larry. P. and Mary. M. Kennedy, owners. First reading of Ordinance No. 3714 to armex the property. Recommended by the Plans Renew Committee, the Director of Planning & Community Development, and the City Manager. Commissioner Jones moved on the first reading of Ordinance No. 3714. Seconded by Commissioner Williarns and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Wi!liams Aye Commissioner Woodraft Aye Commissioner Jones Aye First reading of Ordinance No. 3715 to fezone the property fifomAC. Agriculture. to PD. Planned Developrngnt. with conditions. Ad published April 21, 2002. Recommended by the Phnning & Zoning Commission, the Director of Plarming & Community Developmere, and the City Manager. Commissioner Willlama moved on the first reading of Ordinance No. 3715. Seconded by Commissioner Jones and carded by vote of the Commission as follows: 1Vmyor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Woodruff Aye Commissioner Jones Aye Reconsider action taken by the Ci_ty Commission April 22, 2002 re~ardin2 appeal of the Phnning & Zoning Commission's decision to approve with conditions a variance to inerea~ the maximum building heilht for The Groves at Sanford Apartments and its associated sit~ plan {restrict all buildin2s adiohim! the Sanora Subdivision to two stories ......... based on !and use compatibility}; Mer~ith A. Haroer, Esq., original applieant/apm~ilant~ Clayton Inv Ltd. and CWC Inv Ltd., owners. Ad published May 15, 2002; property owner notified May 20, 2002; property posted May 17, 2002. The Director of Planning & Community Development and the City Manager recommend taking action as deemed appropriate. (During lengthy discussion, and during quasi-judicial proceeding, the meeting was briefly recessed in order to allow the opponents of the action in the neighboring communities to select a representative.) Based on the record as presemed in the transcript and the supporting documems, Commissioner Jones moved to grant the variance with the following conditions: Buildings 12, 14 and 15 will be limited to two stories; Buildings 12, 14 and 15 will have Bahama-style shutters installed over all south side windows; windows will be removed from the south sides of buildings 7 and 10; all balconies will be removed from the entire project; 6" caliper live oak trees rather than 4" caliper trees installed along the southern property line, with the developer to monitor and evaluate the trees atter installation and if there is a conflict with the trees and power line, the developer MINUTES City Commission, Sanford, Florida REGULAR MEETING MAY;~8 2002 E000~.414g ~ ......... ...... ....... ........ ............................................... ~. ....... . ............ ................................................................. ....... ........ ........................................................................... will resolve the conflict so the trees are not topped off; downlit, shoebox-type fixtures will he irkstailed in the parking lot; once the project is completed the project will be subject to monitoring by city staff to ensure that it does not affect neighboring subdivisions° Seconded by Commissioner Wiliiams and carried by vote of the Commission as follows: Mayor-Commkssioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Woodruff Nay Commissioner Jones Aye Reaular items, Board anDointments. Planning & Zoning Commission. Commissioner Jones moved to appoint Michael Skat, Gary Lowell and Otto Garrett to the Planpig & Zorling Commission. Seconded by Commissioner Woodruff and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Waterfrom Master Plan Steering Committee. Commissioner Jones moved to reappoint Gary LoweR, Stephanie Powers, Robert Hopkins, Linda A. Keeling, Jay M. Sheppard, Walter Padgett, and Chuck Volk to the Waterfront Master Plan Steering Committee. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commi$ioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Civil Service Board. Commissioner Woodruffrra3ved to reappoint William T. Royster to the Civil Service Board. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Connnissioner Eckstein Aye Commissioner Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye First readinll of Ordinance No. 3716 to annex 0.8 acre of DroDerty..lyinll between High Way and Andrews Road and between Andrews Road and Sanford Avenue (3901 Sanford Avenue); Michael A. and Paula N. Taylor, owners. Recommended by the Development Review Team, the Director of Plaming & Community Development, and the City Marager. Commissioner orones moved on the first reading of Ordinance No. 3716. Seconded by Commissioner Wil!iams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willlares Aye Commissioner Woodruff Aye Commissioner Jones Aye Adoat Resolution No. 1904 to increase grave fees for Ourchasinll standard and cremation spaces at the Crawford proDerty. Recommended by the Cemetery Advisory Committee, the Director of Recreation & Parks, and the City Manager. MINUTES City Commission, Sanford, Fgorida REGULAR MEETING MAY 28 _ 2002 E0~141~8 Commissioner Jones moved to adopt Resolution No. 1904. Seconded by Commissioner Wittiaras and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Willjams Aye Commissioner Woodruff Aye Commissioner Jones Aye Add-on items. Information only. Ci.ty Attorne.v's Reoort. Ci~ Cierk's Report. City Manaler's Renort, The Mayor requested on behalf of the Commission that Commissioner Woodruff get input from the 125'h Anniversary Committee regarding Sanford' s 2002 Christmas events, as the CRy Manager reported that the Downtown Business Association role this year was uncertain, and Commissioner Woodruff agreed, Citizen Particioation. Ci~ Commissioners' Reoorts. There being no further business, the meeting was adjourned at 9:23 P.M. Mayor Attest: city Cbrk re