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022304 rm agenda & min.MINUTES AGENDA City Commission, Sanford, Florida FEBRUARY 23 2004 20__ Sanford City Commission Meeting Monday, February 23, 2004 Sanford City Hall, 300 North Park Avenue Sanford, Florida REGULAR MEETING 7:00 P.M. in the City Commission Chambers, First Floor I]~LY_Q_C__A.IIQ.~ by Reverend Ronald Merthie, New Life Word Center. l~l ~E1}GE OF .AI,I,EGIANCE ~ by Steve Barnes, Seminole Lighthouse. APPROVAL OF MINUTES Minutes of February 9, 2004, Regular Meeting. Rtgltilllll.e, dlll~ by the City Clerk and the City Manager. (1) ~ of C~ty Attorney s J uary, 2004, Statement. ~ by the City Manager. (2) ~ made in January, 2004. Rltg. oJIIlilf, all.~l by the City Manager. (3) Approve CPH .Amendment 77-87 in the amount of $5,055.00 for initial topographic services in connection with the north shore revetment and rehabilitation project on marina isle. Rtgg. mlg.edlll~ by the City Manager. (4) Approve namln? thc bailfield complex at Chase Park to the Herbert H. "Whitey" Eckstein Youth Sports Complex at Chase Parle ~ by the City Manager. (5) Community Redevelopment Agene_v - anooint Wdhara B. McKibbm. Seminole County s Nominee to replace Linda Johnson, effective immediately for tet~m to expire December 11, 2005. ~ by the City Manager. (1) (2) (3) (4) (5) (6) $~eond reading and adoption of Ordinance No. 3842 to annex .34 acre between Magnolia Avenue and Sanford Avenue and between East 28th Place and East 29th Street, 2831 Magnolia Avenue; David A. and Elizabeth J. King, owner/petitioner. Ad published February 11 and 18, 2004. RltggJIiilitilll.~ by the City Clerk and the City Manager. Second reading and adoption of Ordinance No. 3843 to adopt amendments to the City_ Code per review and analyses of the Municipal Code Corporation, City Attorney and city staff. Ad published February 11, 2004. Rltgg. ililliglllll~ by the City Clerk and the City Manager. Second readin~ and adoption of Ordinance No. 3844 to provide for exclusionary zones/amend the City Code. Ad published F~brnary 11, 2004. Rg_c,P. llalB.e~l~ by thc City Clerk and thc City Manager. Second readin_o and adoption of Ordinance No. 3845 to provide for impoundment of motor vehicles/amend the City Code. Ad published February 11, 2004. lkealoJllllitiid~ by the City Clerk and the City Manager. First readin? of Ordinance No. 3846 to provide for nanhandlin_t~ prohibitions/amend the City Code. Ad published February 11, 2004. This item was tabled at the February 9, 2004 meeting. City Manager ~ommen~ ~ to March 8, 2004 for consideration with other ordinances. First resdino of Ordinnnce No. 3849 to close, vacate and abandon Wilson Avenue. a 30-foot unimproved fight- of-way lying ~etween St. John's Parkway and S. Twin Lake Road and between Rinehart Road and Towne Center Boulevard; WPB Properties, Inc., owner; James Willard, applicant. Ad published February 8, 2004; affected property owners notified February 4, 2004; property posted February 8, 2004. RllgOlillllgdllll~ by the Development Review Team, Director of Planning and Community Development and the City Manager. Applicant requested withdrawal of vacate request in a letter dated February 13, 2004. (1) Condemnation Status Renort: d,~molitions/removal from condemnation. 02-18, 1016 Mangoustinc Avenue, Emmanuel Hillary, owner. Deputy City Manager and the City Manager l~commend demolition of rear structure on[y: and recommend removal from condemna .fi?n of front structure 03-18, 915 Maple Avenue, Tanya & Mabel Miser and Wanda Payne, owners. Deputy City Manager and the City Manager recommend demolition. EPNIII072 MINUTES City Commission, Sanford, Florida AGENDA FEBRUARY23 20 03-22, 1007 Locust Avenue, David Simpson, owner. Deputy City Manager and the City Manager ~ (2) Approve sale of alcoholic beverages for on-premises consumption at 226 E. 1st Slr~et; Stephen A. Hilbert, applicant; Sara L. Jacobson, owner. ~ by the Director of Planning and Community Developmem and the City Manager. (Planning and Zoning Commission recommendation to be provided at meeting.) (3) Reconsider Affirmation of Code Enforcement Board recommendation of December 9. 2003 to deny the rc~_uest to waive the $19.650.00 lien for Pebble Junction. (Mayor Lessard) INFORMATION CITY ATTORNEY'S REPORT CITY CLERK'S REPORT CITY MANAGER'S REPORT CITIZEN PARTICIPATION CITY COMMISSIONERS' REPORTS ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETINGOII HEARING HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS INCLUDING THE TESTIMONY ~a~'ND EVIDENCE WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (F.S. 286.0105) PERSONS WITH DISABILITIES NEEDING ASSISTAN~E~O PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE HUMAN RESOURCES OF~!~E iM}A COORDINATOR AT 407-330-5626 48 HOURS IN ADVANCE OF THE MEETING. 2004 MINUTES EPNIII072 City Commission, Sanford, Florida REGULAR MEETING FEBRUARY23 2004 .20_ The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 23, 2004, at 7:00 P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sarfford, Florida. Present: Mayor Brady Lessard Vice Mayor Dr. Velma Williams [Present at 7:05 P.M.] Commissioner Art Woodruff Commissioner Randy Jones Commissioner Kevin Hipes City Manager A1Grieshaber Jr. City Attorney William L. Colbert City Clerk Janet R. Dougherty ~ by Mayor Lessard at 7:04 P.M. I]~[E_Q_C, AT, J~Q~ by Reverend Ronald Merthie, New Life Word Center. PLEDGE OF AL1,EGIANCE [Vice Mayor Dr Williams joined the meeting.] ~F.~LT~,.~O~ by Steve Barnes, Seminole Lighthouse. Mr. Barnes explained the Seminole Lighthouse newspaper's purpose and activities, and reported that Seminole Lighthouse is doing a walking map of downtown Sanford which will aid shoppers during the 1st Street renovation. APPROVAL OF MINUTEg Minutes of February 9, 2004, Regular Meeting. Rtt, llliiliig, a0.~l by the City Clerk and the City Manager. Commissioner Hipes moved to approve the Minutes of the February 9, 2004, Regular Meeting. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (1) ~ of City Attorney's January, 2004, Statement. (2) ~/III2~E,9~K~e,~II made in January, 2004. (3) Approve CPH Amendment 77-~7 in the amount of $5,055.00 for ~ topographic services in cora~eetion with the north shore revetment and rehabilitation project on marina isle. (4) Approve namin? the ballfield eompleg at Chase Park to the Herbert H. "Whitey " Eckstein Youth Sports Complex at Chase Park (5) Communi _ty RedeveloDme~_t Agency - appoint Willla~. ~ Seminole County's Nominee to replace Linda Johnson, effective immediately for term to expire December 11, 2005. ~ by the City Manager. Commissioner Woodruffmeved to approve the Consent Agenda, Items 1 through 5. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (1) Second reading and adoption of Ordinnnee No. 3842 to ann¢~' .34 acre between Magnolia Avenue and Sanford Avenue and between East 28th Place and East 29th Street, 2831 Magnolia Avenue; David A. and Elivabeth J. King, wner/petitioner. Ad published February 11 and 18, 2004. RlaT.0.Rllll.~0.t~ by the City Clerk and the City Manager. MINUTES City Commission, Sanford, Florida Commissioner Woodmffmoved to adopt Ordinance No. 3842. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (2) REGULAR MEETING FEBRUARY 2~0 2004 R_~,f,.o. ffi!Ite~[e~ by the City Clerk and the City Manager. Commissioner Hipes moved to adopt Ordinance No. 3843. Seconded by Commissioner Woodruff and carded by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (3) Socond re, din? and adontion of Ordinance No. 3844 to provide for exclusionary zones/amend the City Code. Ad published February 11, 2004. ~ by the City Clerk and the City Manager. Commissioner Woodruffmoved to adopt Ordinance No. 3844. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (4) $~gond readin_~ and adontion of Ordinance No. 3845 to provide for impoundment of motor vehicles/amend the City Code. Ad published February 11, 2004. R.e._e_O. laffitl!_0I~ by the City Clerk and the City Manager. Commissioner Jones moved to adopt Ordinance No. 3845. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (5) First ln~sdln? of Ordinance No. 3846 to provide for panhandling prohibitions/amend the City Code. Ad published February 11, 2004. This item was tabled at the February 9, 2004 meeting. City Manager I~ to March 8, 2004 for consideration with other ordinances. Commissioner Jones moved to table the first reading of Ordinance No. 3846 to March 8, 2004. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (6) First re~dino of Ordinance No. 3849 to close, vacate and abandon Wilson Avenue, a 30-foot unimproved right-of- way lying between St. John's Parkway and S. Twin Lake Road and between Rinehart Road and Towne Center Second readin_o and adontion of Ordinance No. 3843 to adopt amendments to the City_ Code per review and analyses of the Municipal Code Corporation, City Attorney and city staff. Ad published February 11, 2004. EPNlII072 MINUTES City Commission, Sanford, Florida REGI/LARMEETING FEBRUARY 23 2004 20__ Boulevard; WPB Properties, Inc., owner; James Wil!ord, applicant. Ad published February 8, 2004; affected property owners notified February 4, 2004; property posted February 8, 2004. Rlaalllllllg, afl~ by the Development Review Team, Director of Planning and Coii-~unity Development and the City Manager. Applicant requested withdraw~ of vacate request in a letter dated February 13, 2004. Commissioner Jones moved to accept the applicant's withdrawal of the request. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (1) Condemnation Status Rem)K: d~mfllll4anelln~tIyll from CO~domuadit~n 02-18, 1016 Mangoustine Avenue, Eniuumuel Hi,ary, owner. Deputy City Manager and the City Manager ~ demolition of rear structure on[y; and recommend removal from condemnation affront str-_._~__.re onb. Deputy City Manager Van Gaale revised his recommendation for the rear structure, to authorize a 90 day time extension. Coif~aissioner Woodruffmoved to authorize a 90 daytime extension for the rear structure, and to remove the fi:om structure fi:om condemnation. Seconded by Commissioner Jones and carded by vote of the Convafission as follows: Mayor Lessard Aye Vice Mayor Dr. grflliams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye 03-18, 915 Maple Avenue, Tanya & Mabel Miser and Wanda Payne, owners. Deputy City Manager and the City Mmmger recommend demolition. Cortm~kqloner ~ moved to authorize demolition. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Coauidssioner Jones Aye Commissioner Hipes Aye 03-22, 1007 Locust Avenue, David Simpson, owner. Deputy City Manager and the City Manager Conahissioner Woodruffmoved to authorize demolition. Seconded by Commissioner Jones and carried by vote of the Commission as follows: (2) Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye Approve sale of aleoholic bevera~_es for on-_nremi.~s.a consum_ntion at 226 E. 1st Street' Stephen A. Hilbert, applicant; Sara L. Jacobson, owner. Reeo~end~ by the Director of Planning and Community Development and the City Manager. Reconmendation submitted from the Planning and Zoning Commission to approve the request, and revised recoimi~.~hnlon submitted fi:om the Director of Planning mad Comantmity Development to approve the request FORM 8S MEMO NOUM OF VOTIN CONFLICT FOR COU__NI"Y MUNICIPAL, AND OTHER LOCAL, ? LIC OFFICERS NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE C±ty Commission ~s~ NAy..£ .--FiRDT NA~£--MIDpLE NAME nlpes, Kevln M~U"s~ldean Drive Sanford February 23, 2004 Seminole THE BOARD. COUNCIL, COMMISSION, AU~IHORITY OR COMMITTEE ON OTHER LOCAL AGENCY ELECTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the COunty, city, or other local level of govemment on an appointed or electad board, COuncti, COmmission, authority, or committee. It applies equally to members of advisory and non-advisocy bodies who are presented with a voting conflict of interest under Section 112.3143, Flodda Statutes. Your responsibili/Jes under the law when faced wilh voting on a n~esure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1 t2.3'143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures t~ hi~ or her special p~vafa gain or loss. Each elected or appointed local officer al ' · · SUre which inures to the special gain or loss of a pdndr~l/nth=- "- ..... so ~s prohibited from know~ngty voting on a mea- ,'-' ~ .... ,~- ,~ ~luvemment agency} by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of COmmunity redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax disthcts elected on a one-acre, one-vota basis are not prohibited from voting in that For purposes of this law, a 'relative" includes only the offiser's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in,aw, son-in-law, and daughter-in-law. A "business associate" means any person or enfily engam~d in or ' · enterprise with the officer as a partner, joint venturer, coowner of ~ro~-~-- - =- carTy~ng on a bus~noss are n°t listed on any national or ragional stock exchange), w ~'"=' 'Y' or c°rp°rare shareholder (where the shares of the corporation ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the osnflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should inCOrporate the form in the minutes. APPOINTED OFFICERS: AJthough you must abstain from voting in the situations described above, you otherwise may padidpafa in these matters. However, you must disclose the netore of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH TAKEN: THE VOTE WILL BE YOu must COmplete and tile this form (before making any attempt th influence the decision) with the parson responsible for recording the mmutas of the meeting, who will incorporate the form in the minutes, (Continued on other side} CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. . . . · You must complete the form and file ~t ~th~n 15 days alter the vote occurs w~th the parson responmbte for recording the m nutes of the meeting, who must incorporate the form in the minutes. A co~y of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST February 23 ,20 04 : Kevin Hipes __, hereby disclose that on_ a) A measure came or will come before my agency which (check one) inured to my special private gain er loss; ; inured to the special gain or loss of my business associate, . inured to the special gain or loss of my relative, Ki~-~---R~y __, by X inured to the special gain or loss of_ whom I am retained; or , which inured to the special gain or loss of_. -- is the parent organization or subsidiary of a principal which has retained me. (b) The measure beCere my agency and the nature of my conflicting interest in the measure is as follows: The preliminary subdivision for the Marketplace at Seminole Town Center, which is a4x000 retail development, which was on the agenda dated 2/23/2004 in the City of Sanford for approval or denial of said retail development. Since I'm employed by Kimco Realty Corporation and Kimco has a competing shopping center, (The Gateway Plaza), under contract to be purchased by Kimco, also in the City of Sanford, I felt that I should recuse myself from voting on the approval or denial of the Marketplace of Seminole Town Center because I believe this constitutes a conflict of intergat~onsidering my position with // ~//~ Date Filed ~_~natore a STATUTEs §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE NOTICE: UNDER pROVISIONS OF FLORID ...... ~:r~ RYO'~ OR MORE OF THE FOLLOWING: IMPEACHMENT, CO STITUTES GROUNDS FOR AND MAY Bi: P'um~ ..... .2 ~'..-~'~. ...... D[r~'l I''~TII~I~I IN s~Y, REPRIMAND, OR A N .......... ~*" ~=~"~ R EMPLOYMEN/, U~UHU,~, ,~ ........ REMOVAL OR SUSP~N~IU~ CIVIL PENAL~ NOT TO EXCEED $10,000. L PAGE 2 CE FORM 88 - EFF. 1/2000 EPNIlI672 MINUTES City Commission, Sanford, Florida REGULAR MEETING FEBRUARY 23 20__ to the applicant only. Commissioner Jones moved to approve the sale of alcoholic beverages for on-premises consumption at 226 E. 1st Street as reconm~ended by the Planning and Zoning Commission. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Nay Commissioner Jones Aye Commissioner Hipes Aye (3) Reconaider Affirmation of Code Enforcement Board recommendation of December 9. 2003 to deny the rcauest to waive the $19.650.00 lien for Pebble Junction. (Mayor Lessard) Mayor Lessard passed the gavel to Vice Mayor Dr. Williams and moved to reconsider the affirmation at a future date to he established by the City Manager and the affected parties. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye [Mayor Lessard retrieved the gavel.] (2) Design and Installation of Eckstein Arch at Chase Park. Vice Mayor Dr. W'flliams moved to approve CPH Engineers, Inc., as sole source for the design and installation of the Eckstein arch at Chase Park. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (1) pl~liminarv Subdivision Plan for The Marketplace at Seminole Towne Center. [Commissioner Hipes announced a Conflict of Interest and stated he would abstain from both the discussion and vote on this item.] After considerable discussion during which Mayor Lessard passed the gavel to Vice Mayor Dr. Williams and left the meeting, then returned and retrieved the gavel, Vice Mayor Dr. Williams moved to recess the meeting for ten (10) minutes. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes [Abstained] Mayor Lessard recessed the meeting at 9:32 P.M. Mayor Lessard reconvened the meeting at 9:51 P.M. After discussion, Commissioner Woodruff moved to continue the item to March 8, 2004. Commissioner Jones and carried by vote of the Commission as follows: Seconded by 2oo4