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011303 ws/rm min. The City Commission of the City of Sanford, Florida, met in Work Session on Monday, January 13, 2003, 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 City Manager Anthony VanDerworp City Clerk Janet R. Dougberty Absent: Commissioner Velma Williams (present at 4:18 P.M.) Commissioner Randy Jones City Attorney William L. Colbert The Chah'man called the meeting to order. Presentation to Employee of the Month for January_ 2003. Mayor Lessard presented Max Buflkin with the Employee of the Month Award for January 2003. [Commissioner W'dliams joined the meeting.] Mayor-Commission Charter. City of Apopka Mayor John [and d'mm'buted, reviewed, and discussed a handout entitled Council/Mayor as CEO & Council/Manager Comparison for Municipal Government. Changes to Land Development Regulations. Schedule K. Sign Regulations. and Schedule L. Non-conforming Land Use Provisions. Senior Planner Antonia Gerli, Planning & Community Development Director Jay Marder, Planning & Zoning Commission Chairman Kevin Hipes, and Planning & Zoning Commission Board Member Gary Lowell reviewed and discussed the changes to Land Development Regulations Schedule K. After discussion, the Commission concurred that page K-29, C, be amended. 24tb Place options. Deputy City Manager Roger Dixon and Utility Director Paul Moore reviewed and discussed options for the privately owned lift station at 24th Place. After discussion, the Commission concurred that a certified letter be sent to the property owners to notify them that the lift station is substandard, that the City intends to take action for the safety and well being of its citizens, including discontinuance of service, and that the City is willing to set up a long term repayment schedule if the City upgrades the lift station to City standards. A letter will be drafted for review of the Commission. Regular Agenda Items. Add-On Items. and Other Items. Mayor Lessard reported that Public Hearings 4. A & B have been withdrawn by the applicant. City Manager reported there were five Add-on Items: Dr. M.L. King, Jr. Birthday Celebration, Parade and Rally in the Park; Free use of the Civic Center for the Dr. Martin Luther King, Jr. Celebration; Sanford Ma'm Street Classic Car Cruise; Seeing Red in the Streets/Mardi Gras Festival; and accepting a Grant award fi.om the Florida Department of Environmental Protection. City_ Manager's briefing. There being no further business, the meeting was adjourned. Attest: Mayor city Clerk cp The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, January 13, 2003, at 7:00 P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Presentation. Present: Mayor-Commissioner Brady Lessard Commissioner Whitey Eckstein Commissioner Velma H. Williams Commissioner Randy Jones Commissioner Art Woodruff City Attorney William L. Colbert City Manager Anthony VanDerworp City Clerk Janet R. Dougherty The Chairman called the meeting to order. Mayor Lessard presented Mary Muse with the 2002 Employee of the Year Award. Commissioner Jones moved on the Consent Agenda as follows: (1) Approve water and sewer service to property outside the City at 1950 3rd Drive, with owner to pay all fees; and authorize the City Clerk to record the Annexation Petition and to consider annexing the property when it becomes annexable, Harold Marshall, Jr., owner; (2) Award contract for CR 46A Phase III Utility Line Relocations to Superior Asphalt of Central Florida, in the amount of $1,041,266.40, pending approval by FDEP, execution of all appropriate comxa~ requirements, and receipt of financial audit and contractor's license; funds available from the State of Florida SRF loan program and from eligible impact fees; (3) Acknowledge Orlando-Sanford International Airport's possession of a Federal Fish and Wildlife Service Migratory Bird Depredation Permit, and recognize that Airport personnel are authorized to discharge firearms on Airport property, in accordance with the permit's conditions; and (4) Approve $47,300 grant application to the Division of Emergency Management - Emergency Management Preparedness and Assistance Trust Fund. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and second reading and adoption of Ordinance No. 3764 to rezone 57.3+/- acres of property _lying between the Central Florida Greeneway and Huehey Street extended easterly_ and westerly and between Vihlen Ro~d extended northerly_ and southerly_ and the Central Florida Greeneway from AG. Agriculture. and SR-1A. Single Family Residential. to PD. Planned Development 1'800 Vihlen Road): and approve Development Order No. 02-0049' Alan D. Shoemaker, Trustee, Tammy S. Hanes, and Elizabeth S. Corso, owners; Allan E. Keen, applicant. Ad published December 29, 2002. Recommended by the City Man~ager. Commissioner Jones moved to adopt Ordinance No. 3764 and to approve Development Order No. 02-0049. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and second reading and adoption of Ordinance No. 3769 to rezone 84.5+/- acres of property_ _]yin_~ between the Central Florida Greeneway and CR 46A and between Upsala Road and S. Oregon Avenue from Semin¢.*~ Trace Planned Development. to Greystone Townhouses Planned Development (2215 Oregon Avenuel: and approve Development Order No. 02-0055; Indian Trace Apartments, LC, owner; Douglas Guy, Morrison Homes, applicant/agent. Ad published December 29, 2002. Recommended by the City Manager. Commissioner Jones moved to adopt Ordinance No. 3769 and to approve Development Order No. 02-0055. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and second reading and adoption of Ordinance No. 3770 to annex 19.8 acres of property_ _lying betwee-~ lowa Avenue and Narcissus Avenue and between Old Monroe Road and CR 15: Keller Outdoor, Inc., and Claudette W. Behrens, Trustee, owners. Ad published December 29, 2002, and January 5, 2003. Recommended by the City Manager. Commissioner Jones moved to adopt Ordinance No. 3770. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye First reading of Ordinance No. 3757 to annex 4.8+~- acres of property. _lying between SR 46 and Northstar Court extended westerly and between Upsala Road and Central Park Drive I~Florida Solar Distributors. Inc.)~3991 W, 1't Street~: SR46 Holding Company, Inc., owner. Tabled December 9, 2002. Recommended by the Director of Planning and Community Development, Development Review Team, and the City Manager. Mayor Lessard announced that the annexation has been withdrawn by the applicant. Public hearing and first reading of Ordinance No. 3758 to rezone 4.8+/- acres of property_ lying between SR 46 and Northstar Court extended westerly_ and between Upsala Road and Central Park Drive from A-1. Agriculture (County) to PD. Planned Development. sub_iect to stipulations and conditions and Development Order No. 02-0054 (Florida Solar Distributors, Inc.)(3991 W. 1a Street); SR46 Holding Company, Inc., owner. Ad published November 10, 2002. Tabled December 9, 2002. Recommended by the Planning and Zoning Commission, the Director of Planning and Community Development, and the City Manager. Mayor Lessard announced that the rezone request has been withdrawn by the applicant. First readina of Ordinance No. 3767 to annex 8.3 acres of property_ lying between Smith C~n~l Road and St, ~Johna Parkway and between Central Park Drive and Upsala Road I~Upsala South Business Parkl ~1185 Upsala Road); Robert Maksimowicz, James N. Figueiredo, and Made T. Figueiredo, owners. Recommended by the Director of Planning and Community Development, Development Review Team, and the City Manager. Commissioner Jones moved on the first reading of Ordinance No. 3767. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and first readin? of Ordinance No. 3768 to rezone 13.84+/- acres of properW _lying between Smith Canal Road and St. Johns Parkway and between Central Park Drive and Upsala Road from AG. Agriculture. and RI-l, Restricted Industrial- to PD. Planned Development. sub_iect to conditions and Development Order No. 02-0034 (Upnah South Business Park~ (1185 Upsala Road); Robert Maksimowicz, James N. Figueiredo, and Marie T. Figueiredo, owners. Ad published December 8, 2002. Recommended by the Planning and Zoning Commission, the Director of Planning and Community Development, and the City Manager. Commissioner Jones moved on the first reading of Ordinance No. 3768. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Code Enforcement Board. Steven Vauglm resigned fi.om the Board. Commissioner Eckstein moved to appoint Lindsay N. Oyewale to fill the term expiring June 30, 2005. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Condemnations: demolitions, extensions: Report No. 02-21. 1006 Olive Avenue. Julia Hanton. owner. The Director of Planning & Community Development and the City Manager recommend demolition. Commissioner Eckstein moved to demolish 1006 Olive Avenue, Condemnation Report No. 02-21. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Report No. 02-10. 613 Sanford Avenue. Chris Willinmn. Trustee, The Director of Planning & Community Development and the City Manager recommend a 90-day extension. Commissioner Eckstein moved to authorize a ninety (90) day extension for 613 Sanford Avenue, Condemnation Report No. 02-10. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Report No. 03-02. 516 E. 5th Street. Vivian Younghlood. personal representative for the Estate of John ~ The Director of Planning & Community Development and the City Manager recommend a 90-day extension. Commissioner Eckstein moved to authorize a ninety (90) day extension for 516 E. 5th Street, Condemnation Report No. 03-02. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Approve on-premises consumption of Beer and Wine (BW-COP~ at 120 West l,al~e Mary_ Boulevard. with the stipulation that the establishment is not allowed to operate after 11:00 P.M.: Jerzy Radt, a_ Hidden l,ake Properties. LInC (Jerzy's Coffee). applicant. Approved by the Planning and Zoning Commission; recommended by thc Director of Planning and Community Development and the City Manager. Commissioner Eckstein moved to approve on-premises consumption of Beer and Wine (BW-COP) at 120 West Lake Mary Boulevard, with stipulation that establishment is not allowed to operate after 11:00 P.M. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye First reading of Ordinance No. 3771 to annex 15.0 acres of property _lying between Celery_ Avenue and Daffodil Terrac~ and between Sipes Avenue and Brisson Avenue (1501 Brisson Avenue); Spirit of Truth Worship Ministries, Inc., owner; Pastor Rico Sharp, Sr., applicant. Recommended by the Director of Planning and Community Development, Development Review Team, and the City Manager. Commissioner Williams moved on the first reading of Ordinance No. 3771. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye First reading of Ordinance No. 3773 repealing and reenactin~ Schedule K. Sign Regulations and Schedule 1, Nonconforming Land Use Provisions. of the Land Development R _egulationa. Reconm~nded by the Planning and Zoning Commission, the Director of Planning and Community Development, and the City Manager. Ordinance No. 3773 was approved on first reading, with the amendment as discussed at today's Work Session to page K-29, C, by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Approve waiver/reduction of Code Enforcement Board Lien No. 02-2185. due to mitigating cireumstance.q. HANDS of Central Florida, owner. Recommended by the Director of Planning & Community Development and the City Manager. [During the discussion, Mayor Lessard passed the gavel to Vice-Mayor-Commissioner Eckstein and briefly left the meeting. Upon his return, Commissioner Eckstein returned the gavel to Mayor Lessard.] ARer discussion, Commissioner Eckstein moved to waive Code Enforcement Board Lien No. 02-2185. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Approve extension of fee waiver for one year pursuant to Section 4.0 of Resolution No 1891 regardin? rehabilitation. renovation, and stabilization of private[y-owned contributing buildin_~a in the Historic Commercial Distrie! Recommended by the Director of Planning & Community Developmem and the City Manager. Commissioner Eckstein moved to approve the extension. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Approve use of Ci[y and public pro_nerty {Civic Center. Fort Mellon Park. and City strcets~ for the Dr. M. L. Kin~_ Jr,, Birthday Celebration. Parade. and Rally_ in the Park. from January_ 17-20. 2003: and approve street closure of 13th Street from Persimmon Avenue (at Crooms Aeadomy~ m lanrel Avenue: Laurel Avenue from 13th Street to 1st Street; 1st Street from Laurel Avenue to San Juan (Fort Mellon Park~: and Seminole Boulevard from Sanford Avenue to San Juan on Monday. January_ 20. 2003. from 9:00 A.M. to 1:00 P.M.: and apnrove waiver of fees includin? processing fcc and damage/clean-up deposit bond. Recommended by the City Manager. Commissioner Eckstein moved to approve the requests listed above. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Approve free use of the Civic Center for the Martin Luther Kin?~ Jr. Celebration on January_ 18 and 19. 2003. Recommended by the Recreation and Parks Director and the City Manager. Commissioner grdliams moved to approve free use of the Civic Center for the Martin Luther King, Jr. Celebration on January 18 and 19, 2003. Seconded by Commissioner Woodruffand carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Approve use of City and public property_ (Magnolia S,~_uarc and 1st Street~ for "Sanford Main Street Classic Car Cruise" to be held on the third Saturday during the month.~ of January. March. April May. and June. 2003. from 5:30 P.M. to 9:00 P.M.: approve street closure oflst Street from Oak Avenue to Sanford Avenue: Park Avenue from 2nd Street to Commercial Street: and Palmetto Avenue from 2nd Street to Commercial Street during the months listed fro~.. 5:00 P.M. to 10:00 P.M.: and approve waiver of fees except event lighting, proce~dn? fee and dAm~e/clean-up depo~.?~ bond. Recommended by the City Manager. Commissioner Woodruffmoved to approve the above listed requests and to approve expenditure of General Fund Reserves in the amount of $2,400 for rental of special event lighting through June 30, 2003 for the Car Cruise event. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Nay Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Approve use of City_ and public pro_nerty (Ma_on~lia Sq_uare and 1st Street~ from 11:00 A.M. to 11:00 P.M. on February_ 15. 2003: approve street closure of 1st Street from Oak Avenue to Sanford Avenue: Park Avenue from 2nd Street tm Commercial StreW: and Palmetto Avenue from 2nd Street to Commercial Street. on February 15. 2003 from 6:00 A.M to 2:00 A.M. on Februa~ 16. 2003: and approve waiver of fees except proc~aln? fee and ao~,~e/clean-up deposit bond Recommended by the City Manager. Commissioner Williams moved to approve the requests listed above, and to approve the sale of alcoholic beverages, and event lighting. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye City Manager asked for and received a consensus of the Commission to allow the Chamber of Commerce to raise funds for the event through the sale otTdonation for Mardi Gras beads in City Hall, on one morning only (date to be determined later). Accept Grant award of $378.455 from the Florida Department of Environmental Protection for the Sanford Riverwall~ Stormwater Retrofit and Discharge and Sedimentation pro_j~ Reco~la~ended by the Director of Planning and Community Development and the City Manager. Commissioner Williams moved to accept the Grant award. Seconded by Commissioner Woodruff'and carded by vote of the Commission as follows: City_ Attorney's Report. City_ Manager's Report. Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye City Manager VanDerworp distributed and discussed information regarding legislative proposals. Atter discussion, Commissioner Williams moved to accept the City Manager's recommendation that the legislative priorities be: (1) Flood Control Stormwater Park and State Farmers Market Redevelopment, (2) 1st Street Drainage and Infrastructure Improvements, and (3) Downtown Stormwater System. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye The City Manager reported there will be Public hearings regarding the development agreement for the Suncor project. He requested direction regarding the City purchasing the Florida Power & Light property which will then be purchased by the developer. After discussion, Commissioner Williams moved to authorize the City Manager to proceed with negotiations with Seminole County for the purchase of the Florida Power & Light property, for an amount not to exceed $250,000. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Nay Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye City_ Commissioners' Reports. The Co.a~dssion concurred that the Fire Department Honor Guard will be covered under the City's liability for their trip to Jacksonville to participate in competition. Commissioner Woodruff moved to accept the City Manager's letter of resignation dated January 2, 2003, effective February 11, 2003, with regret. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Eckstein Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye There being no further business, the meeting was adjourned. Mayor City Clerk cp