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052703 ws/rm min. The City Co,i~sfission of the City of Sanford, Florida, met in Work Session on Tuesday, May 27, 2003, at 4:07 P.M. in the City Manager's Conference Room, Sanford City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Kevin Hipes Commissioner Velma Williams Commissioner Art Woodruff Interim City Manager Roger Dixon City Clerk Janet R. Dougherty Absent: Commissioner Randy Jones (present at 4:49 P.M.) City Attorney William L. Colbert The Chairman called the meeting to order. Presentation of recommendations by the Ci_ty M~n~?er Selection Advisory_ Commltlee Former Mayor Bettye D. Smith, City Manager Selection Advisory Committee member, presented the Committee's unanimously recommended candidates for City Commission interview as detailed in the handout entitled, "City Manager Selection Advisory Committee Presentation May 27, 2003", and highlighted each recommended candidates' qualifications. Interview of prospective Board appointee: Planning & Zoning Commission. Daryl Q. Schofield ~vas interviewed for the Board. Selection of underwriter for bond reflnaneino_ Kevin Smith, Finance Director, reviewed the options. Regular Agenda Items. Add-On Items. and Other It~m~ Meredith Harper-Pickens reported she represents Cox Lumber Company in the purchase of property located on Church Street, and requested assurance from the Commission that they support annexation of the property. She requested that Staffbe allowed to sign the letter expressing the City's support of the proposed annexation, Comprehensive Plan Amendment and rezone of the property. After brief discussion, the Commission had no objection to the letter being signed by Staff.. [Commissioner Williams left the meeting.] Consent-Il, Award Bid for the purchase and installation of the Historic Sanford Memorial Stadium Information Sign to Stewart Signs, in the amount of $32,397. Interim City Manager Dixon reported that including installation, the cost of the sign is actually $36,397. [Commissioner Jones present.] [Commissioner Williams returned to the meeting.] The Commission discussed the proposed sign and concurred that additional sign designs be provided and that this item would be tabled. V. T., Inc. First Amendment to Sale and Purchase Agreement regarding property on Rinehart Road. Interim City Manager Dixon reported that the City executed a Sale and Purchase Agreement with V.T., Inc. for property located on Rinehart Road, which provided that prior to closing, the property would be rezoned to PD, Planned Development. Because the current Contract was due to expire this Friday, and because the City Commission will not hold Public Hearings to consider rezoning of the property until June 23 and July 14, 2003, it was necessary to amend the Contract to allow time for the rezone. Due to time constraints, the Mayor signed the Amended Contract. Mr. Dixon requested and received a consensus of the Commission that the Mayor sign the agreement, although it was after the fact. Mayor's briefing. Presentation of the Seminole County Convention Center/Hotel Project. Mayor Lessard and Bob Horian, Suncor, Inc., presented a proposal depicted in a handout entitled, "Information Packet Mayor's Press Conference Sanford Convention Center and Hotel Proposal May 22, 2003." There being no further business, the meeting was adjourned. Attest: Mayor City Clerk cp The City Cm~fission of the City of Sanford, Florida, met in Regular Meeting on Tuesday, May 27, 2003, at 7:00 P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor-Commissioner Brady Lessard Commissioner Kevin Hipes Commissioner Velma Williams Commissioner Randy Jones Commissioner Art Woodruff City Attorney William L. Colbert Interim City Manager Roger Dixon City Clerk Janet R. Dougherty The Chairman called the meeting to order. Presentations: Proclamation recognizing June 2-7. 2003. as Code Enforcement Officers Appreciation Week- Commissioner Williams read and presented to Arlene Rumbley and Calvin Smith a Proclamation recognizing June 2-7, 2003, as Code Enforcement Officers Appreciation Week. Adopt Resolution No. 1936 which reco_mfizes the contributions of Patty_ Mahany in her position as Vice President and Chairperson of Marketing and Fund Raising for the Sanford Airport Memorial Committee ¢SAMC). Adopt Resolution No. 1937 which recognizes the contributions of Chief Warrant Officer Se#il Mahany to the Sanford Air9_ orr Memorial Committee in locating an excess U.S. Navy. RASC Vigilante aircraft for display at a Memorial at the former Sanford Naval Air Sta~ioll, Commissioner Jones moved to adopt Resolntion No. 1936. SecondedbyConmfissionerW'dliams. Commissioner Jones amended his motion to include adoption o£Resolntion No. 1937. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Annrnval of Minutes. Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Commissioner Jones moved to approve the Minutes of the May 12, 2003 Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Consent Agenda. Work Session and Regular Meeting. Consent Agenda Item. No. 11, Award Bid for the purchase and installation of the Historic Sanford Memorial Stadium Information Sign to Stewart Signs, in the amount of $32,397, was removed for further review. Commissioner Woodruffmoved on the Consent Agenda as follows: (1) Approve payments made during April 2003; (2) Approve payment of the City Attorney's Statement for the month of April 2003; (3) Approve CPH Engineers ,Mnendr~nt No. 70 for engineering services for the design of lift station and force-main improvements at the Sanford Airport, in the amount of $159,000; funds available in account number 451-4520-536-31-02; (4) Approve Subordination of Utility Interests Agreement with Seminole County, and authorize the Mayor to execute the Agreement; (5) Approve the Utility Department's Toilet Exchange Rebate Program and the related 50% Cost Share Award for $2,000 fi.om the St. Johns River Water Management District; funds available in account number 45 !-4510-536-48-00; (6) Approve Worker's Compensation settlement with Frank Hewitt in the amount of $330,750, inclusive of attorney's fees; (7) Authorize selection of either Hough or Hanifen as Underwriter for Bond refinancing, based on results of negotiations with each firm, via RFP; (8) Approve purchase of fire fighting bunker gear - 26 replacement sets of coats and pants, in the amount of $39,547, fi.om Fisher Safety (piggy backing Orlando Fire Department's contract); funds available in account number 001-3001-522-52-05; (9) Approve contract with Atlas Concrete Products, Inc. for opening/closing of grave spaces; (10) Award the Utility Department portion of the Landscape Maintenance Bid (Bid #IFB 01/02-39) to Bon Terre Group, at an annual cost of $53,032; funds available in account number 451-4520-536-34-06; (12) Approve Cost Share Agreements with the St. Johns River Water Management District for reclaimed water system extension for Valencia CourtfMeilonville Avenue/Montezuma Street, in the amount of $39,960, and Woodfield Drive, in the amount of $60,040; City's share of the funds will come fi'om account number 451-4530-536-63-00; upon approval of this Agreement, Bill Marcous will be eligible for the Employee Grant Incentive Program (EGIP); (13) Authorize execution of Glatting Jackson Work Order No. 13 for professional engineering consulting services as part of the overall coordination of master plan improvements for the Downtown Revitalization Plan for the City, on a fixed foe basis contract not to exceed $5,000 without prior City approval; funds available in account number 001-1010-519-31-03; (14) Approve Change Order No. 3 from Michael R. Cooper Construction Company for unforseen items required for A. A. "Mac" McClanahan Memorial Fire Station #2, in the amount of $14,786.40; flmds available in account number 001-3001-522-62-07 and 001-3001-522-46-03; and (15) Approve piggy backing on existing Orange County contract to purchase pipe, precast inlets, and related material for the 15th Street and Sanford Avenue Drainage Project, in the amount of $82,436; funds available in account 402-4045-541-63-74. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and second reading and adoption of Ordinance No. 3760. to annex 25.458+/- acres of property_ _lyln_~ between East Lake Mary_ Boulevard and Pine Way and between Mellonville Avenue extended southerly_ and Andrews Road (595 Andrews Road'l IMagnolia Park PD. Phase lB: Kenneth A. Burke, Rebecca F. Burke, Deborah C. Neukam, Mary K. Mb{on, Jessica S. Middlemas, Patricla B. Vassallo, et al., owners; Berry J. Walker, applicant/authorized agent. Recommended by the Interim City Manager. Ad published May 14 and 21, 2003. Cona~fissioner Hipes moved to adopt ordk~anee No. 3760, with the stipulation that City Staffperiodically check the vegetation buffer and determine whether it needs to be thinned, and that the Home Owners Association is responsible for maintaining it and replacing it at request of Staff. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and second reading and adoption of Ordinance No. 3761. to rezone 25.458+/- acres of property_ between East Lake Mary_ Boulevard and Pine Way and between MeHonviHe Avenue extended southerly and Andrews Road from AG. Agriculture. to PD. Planned Development. based on enn~i~tency_ with the existing Medium Density Residential comprehensive plan des'~mnation, and sub_iect to cooditlnn~ of Development Order No. 02-0038: and annrove Development Order No. 02-0038:(595 Andrews Road~ (Ma[,nnlia Park PD. Phase 11~: Kenneth A. Burke, Rebecca F. Burke, Deborah C. Neukam, Mary K. Mixon, Jessica S. Middlemas, Patficia B. Vassallo, et al., owners; Berry J. Walker, applicant/authorized agem. Recommended by the Imerim City Manager. Ad published May 14, 2003. Commissioner Jones moved to adopt Ordinance No. 3761 and to approve Development Order No. 02-0038. Seconded by Cosm~iissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and second reading and adoption of Ordlnanee No. 3782. to reestablish a temporary_ moratorium on review and extending consideration of applications for approval 0f mn#ifami _ly ~x~idenfial dwellin? units Recommended by the Interim City Manager. Ad published May 14 and 21, 2003. Cona~fissioncr Jones moved to adopt Ordinance No. 3782. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and second reading and adoption of Ordinnnce No. 3783. to annex 2.88 acres of property _lying betw~n West S.R. 46 and West 5* Street and between Aero Lane and South White Cedar Road (3625 W. 1st Street) (Consolidated Investment Properties Office Park}; Consolidated Investment Properties, Inc., and Albert J. Light, owners; Robert G. De/lo Russo, as Presidem of Consolidated Investment Properties, Inc., and Albert J. Light, applicants. Recommended by the Interim City Manager. Ad published May 14 and 21, 2003. Cona~fissioner Jones moved to adopt Ordinance No. 3783. Seconded by Commissioner Woodruffand carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and second reading and adoption of Ordinance No. 3784. to rezone 5.49+/- acres of properW lying between West S.R. 46 and West 5th Street and between Aero Lane and South White Cedar Road from GC-2. General CommerciaL to PD. Planned Development. with conditions and stipnlafiflns of Development Order No. 03-0024; and approve Development Order No. 03-0024 (3625 West 1't Street)(Consolidated Investment Properties Office ParkJ? Consolidated Investmom Properties, Inc., and Albert J. Light, owners; Robert G. Dello Russo, as President of Consolidated Investment Properties, Inc., and Albert J. Light, applicants. Recommended by the Interim City Manager. Ad published May 14,2003. Commissioner Hipes moved to adopt Ordinance No. 3784 and to approve Development Order No. 03-0024. Seconded by Commissioner Woodmffand carded by vote oftbe Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner W'dliams Aye Commissioner Jones Aye Commissioner Woodruff Aye Public hearing and first reading of Ordinance No. 3788 to rezone 34.5 +/- acres of property. _lying between Washin~on Street and S. R. 46 and between N. Cameron Avenue and Beardali Avenue (2305 Beardall Ave.): Leffier Company, owner. At the request of the property owner, the Planning & Zoning Commission tabled the request until June 5, 2003. The Director of Planning & Con~lmnity Development and the Interim City Manager recommend tabling the request until June 23, 2003. Ad published April 20, 2003. Conulfissioner Jones moved to table the Public hearing and first reading of ordinance No. 3788 to June 23, 2003. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner W'flliams Aye Commissioner Jones Aye Commissioner Woodruff Aye Board reappointments/appointments. Civil Service Board. Co~ta~issioner Jones moved to reappoint Kathryn Alexander to the Board. Seconded by Commissioner Williams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Conm~sioner Hipes Aye Commissioner W'flliams Aye Commissioner Jones Aye Commissioner Woodruff Aye Code Enforcement Board. Commissioner Jones moved to reappoint Robert Carraway and Robert Segal to the Board. Seconded by Commissioner W'flliams and carded by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Planning & Zoning Commission. Commissioner Williams moved to reappoint Ross Robert, Brian Volk, and Bobby VonHerbulis to the Board. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Waterfront Master Plan Steering Committee. Commissioner Jones moved to acknowledge Gary Lowell's resignation and to reappoint Jerry Mills, Ed Posey, Olatunji Oyewale, Jami Meeks, Catherine Bossert, and Sara Jacobson to the Board. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION BOARD TO DENY A CERTIFICATE OF APPROPRIATENESS TO CONSTRUCT A SIX (6) FOOT HIGH SOLID VINYL FENCE ALONG THE 9TH STREET SIDE OF THE HOUSE AT 901 SOUTH MAGNOLIA AVENUE, SANFORD, FLORIDA. The City Commission based on the clear and convincing evidence contained in the record before the Historic Preservation Board (HPB) on April 10, 2003, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: (1) That the property at 901 South Magnolia Avenue, Sanford, Florida, is subject to Schedule S of the Land Development Regulations, and that Schedule S requires fences to be made of wood or iron. (2) That on April 10, 2003, the HPB denied a Certificate of Appropriateness to construct a six (6) foot high vinyl fence along the 9th Street side of the house. (3) That the applicant requested to install the vinyl fence for maintenance reasons. CONCLUSIONS OF LAW (1) This commission finds that the proposed use of vinyl fencing along the 9th Street side of the house at 901 South Magnolia Avenue is not appropriate. THEREFORE, IT IS ORDERED that the Appellant/Applicant's request to construct a six (6) foot vinyl fence along the 9th Street side of the house at 901 South Magnolia Avenue is denied and the HPB's denial of a Certificate 2003, Attest: is upheld. DONE AND ORDERED of Appropriateness on April 10, this 27th day of May, 2003. City Clerk I HEREBY CERTIFY that a true copy of furnished by U.S. Mail to Neville A and Linda Daniels, 901 Magnolia Avenue, Sanford, Florida 32771, this ~-~ day of 2003. the foregoing has been South June, City ClerkL/ ~ The Commission noted the vacant position will remain unfilled until there is a need to fill it. Adopt Resolution No. 1933 to amend the Classification and Pay Plan to recln~.qi _~: one (1~ Foreman position grade 14 to Field Supervisor _made 15: one (1~ Equipment Operator H position grade 8 to Maintenance Worker III _mmde 9' S'_mn/Traffic Coordinator Position _made 14 to grade 15: and delete one (1) Maintenance Worker I position, aH Wil~l~in the Streets Division of the Public Works Department, Recommended by the Human Resources Director and the Interim City Manager. Cona~lissiouer Woodmffmoved to adopt Resolution No. 1933. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Adopt Resolution No. 1934 to increase fees for opening/closing grave spaces, Recommended by the Director of Parks & Recreation and the Interim City Manager. Commissioner Jones moved to adopt Resolution No. 1934. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Adopt Resolution No. 1935 to increase Emergency Medical Transpor~,,Oon Service feeq Reconunended by the Fire Chief and the Interim City Manager. Commissioner Jones moved to adopt Resolution No. 1935. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Appeal of the Historic Preservation Board's denial of a Certificate of Appropriateness for a vinyl fence at 901 S_ Tony Daniels, owner/applicant. Applicant notified May 9, 2003. The Director of Planning & Community Development and the Interim City Manager recommend upholding the denial of the Certificate of Appropriateness. After discussion, Conas~ssioner Jones moved to overturn the Historic Preservation Board's denial of a Certificate of Appropriateness for a vinyl fence at 901 S. Magnolia Avenue. Seconded by Commissioner Williams. The vote failed by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Nay Commissioner Williams Nay Commissioner Jones Aye Commissioner Woodruff Nay Commissioner Woodruff moved to uphold the Historic Preservation Board's denial of a Certificate of Appropriateness for a vinyl fence at 901 S. Magnolia Avenue. Seconded by Commissioner Hipes and carded by vote of the Commission as follows: CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION BOARD TO DENY A CERTIFICATE OF APPROPRIATENESS TO INSTALL 30 VINYL WINDOWS IN THE HOUSE AT 1119 SOUTH MAGNOLIA AVENUE, SANFORD, FLORIDA. The City Co~ission based on the clear and convincing evidence contained in the record before the Historic Preservation Board (HPB) on March 13, 2003, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: (1) That the property at 1119 South Magnolia Avenue, Sanford, Florida, is subject to Schedule S of the Land Development Regulations, and that Schedule S does not permit vinyl windows. (2) That on March 13, 2003, the HPB denied a Certificate of Appropriateness to install 30 vinyl windows in the house. (3) That the applicant did not demonstrate that the original windows could not be repaired and needed to be replaced. CONCLUSIONS OF LAW (1) This com~ission finds that the proposed installation of 30 vinyl windows in the house at 1119 South Magnolia Avenue is not appropriate. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request to install 30 vinyl windows in the house at 1119 South Magnolia Avenue is denied and the HPB's denial of a Certificate of Appropriateness on March 13, 2003, is upheld. DONE AND ORDERED this 27th day of May, 2003. Attest: U City ~lerkU ~ ~y Lessard I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Cheryl G. Turner, 1119 South Magnolia Avenue, Sanford, Florida 32771, this ~ day of June, 2003. City ClerkU U Mayor-Commissioner Lessard Nay Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Nay Commissioner Woodruff Aye Mayor Lessard recessed the meeting at 8:15 P.M. and reconvened the meeting at 8:21 P.M. Anneal of the Historic Preservation Board's denial of a Certificate of Appropriateness for 30 vinyl windows at 1119 Cheryl G. Turner, owner/applicant. Applicant notified April 18, 2003. The Director of Planning & Cowanunity Development and the Interim City Manager recommend Commission action as deemed appropriate. This item was tabled May 12, 2003. Commissioner Williams moved to uphold the Historic Preservation Board's denial of a Certificate of Appropriateness for 30 vinyl Mndows at 1119 Magnolia Avenue. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Nay Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Mayor Lessard passed the gavel to Vice Mayor-Commissioner Williams and moved to reimburse Robert and Cheryl Turner for verifiable expenses in an amount not to exceed $16,096.66, and to take possession oftbe 30 vinyl windows. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Nay Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Vice Mayor-Commissioner Williams returned the gavel to Mayor Lessard. Add-on items. V. T., Inc. First Amendment to Sale and Purchase Agreement. Commissioner Woodruffmoved to approve the Mayor signing the Amended Agreement prior to Commission approval. Seconded by Commissioner Jones and carried by vote of the Commission as follows: City Attorney's Report. Interim City_ Manager's Report. Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Woodruff Aye Letter of resignation submitted by Jay Marder, Director of Planning & Community Development. Commissioner Williams moved to accept Mr. Marder's letter of resignation and to approve everything in the Mayor's letter to Mr. Marder, including three (3) months severance pay. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor-Commissioner Lessard Aye Commissioner Hipes Aye Commissioner Williams Aye Commissioner Jones Commissioner Woodruff Aye Aye i' nP ~ ' Ci~ Commissioners' Reports. Commissioner Hipes - Suggested a special meeting of the Commission to review recommendations of the City Manager Selection Advisory Committee. After discussion, the Commission concurred to meet in Special Meeting at Noon on Monday, June 2, 2003, in the City Manager's Conference Room. There being no further business, the meeting was adjourned at 9:01 P.M. Attest: Mayor City Clerk cp