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041204 rm agenda & min.EPNIII072 MINUTES AGENDA City Commission, Sanford, Florida ~ 12 2004 20.-- Sanford City Commission Regular M~-ing Monday, April 12, 2004 at 7:00 P.M. City Commission Chambers, First Floor Sanford City Hall, 300 North Park Avenue Sanford, Florida ENV~ATION by Reverend Dora Richardson, House of Refuge Ministries, Inc. PLEDGE OF ALLEGIANCE Community Development Week. APPROVAL OF MI/qUTES Minutes of March 22, 2004, Regular Meeting. R~mm~nd~ by the City Clerk and the City Manager. (1) ~ relating to St. Johns Parkway Phase II fight-of-way, between County, City, Dyson and Stenstrom properties. Tabled on March 22, 2004. ~ by the City Manager. (2) Approve Memorandum of Under*~ndln_o between the City of Sanford and Seminole County elating to County's Airport Boulevard (Phase Ill) and City's St. Johns Parkway Road Improvement Project. Tabled on March 22, 2004. ~ by the City Manager. (3) Approve amendment No, 59A in amount of $53,500.00 for additional engineering services on St. Johns Parkway East Phase IIi (Rinehart Road to Upsala Road) provided by CPH Engineers. R~mm~mlod by the City Manager. (4) A~rove Memorandam of Under~mmli~ with Johnson Controls to conduct a feasibility assessment, at no cost to the city, of the Utility DeparUnent's facilities and water distribution system to determine if infrastructure improvements would be economically viable. Recomme~ by the City Manager. (s) Approve pareba~ of hoist truck from State Contract Vendor, DOn Reid Ford, for total cost of $56,714.00, for Utility Deparhuent, Plants Division. ~ by the City Manager. (6) Approve out~ide nfei~ water and newer services to Suncor Celery Avenue South Project, and authorize the City Clerk to record the Annexation Petition in the Public Records of Seminole County; and to annex the property, individually by lot or in whole, when it becomes annexable. 1~ by the City Manager. (7) Approve ~emnford RiverWaik Grand Op~ni~ street eloaur~ Seminole Boulevard from Myrtle Avenue to Mellonville Avenue from Thursday, May6 at 9.'00 PM to Monday, May 10 at 6.-00 AM; Park Avenue from Seminole Boulevard to Fulton Street on Friday, May 7 from 1 .~0 PM to Sunday, May 9 at noon; Park Avenue from Seminole Boulevard to Commercial Avenue from 6.<)0 Am to 8:00 PM on Saturday, May 8. R~end~ by the City Manager. (8) A_oprove and autlmrkM execution of Satisfaction of Lien including Satisfaction of Rehabilitation Loan Agreements and Res~¢tive Covenants for Marie adam (1112 Oak Avenue). Recomme~ by the City Manager. (9) Approve contract award to Aagaa~-McNary Construction, Inc. for the Deparmaent of Community Affairs (DCA) funded Residential Construction Mitigation Project (RCMP) in total amount not to exceed $55,000.00. R~mmend~ by the City Manager. (10) ~ of bid for Brick Pavers to Brick America, Inc. R~mme~ed by the City Manager. (! 1) ~ received in response to Solicitation Number 1FB 03/04-15, Sale of PBA Property. R~mme~ by the City Manager. (12) Release Code Enforcement Liens at 406, 408 and 410 South Sanford Avenue. ~ by the City Manager. (13) ~ of Public Works Department funds. R~eomm~ by the City Manager. (i) Seeond reading_ and ado_ntion of Ordinance No. 38S7 to close, vaeate and abandon a 14 foot ntili~ and druina_oe easement between W. 5th Street and Gordon Street and between Meiseh Road and Aero Lane; Bright House Networks, LLC, owner, by Jerry Martin, Vice President. Ad published March 31, 2004. ~ by the City Clerk and the City Manager. EPNllI072 MINUTES City Commission, Sanford, Florida AGENDA APRIL 12 2OO4 20 (2) Second reading and adoption of Ordinance No. 3853 to annex 4.419 acres of property between W. SR 46 and Smith Canal Road and between Sewell Road and Rinehart Road; 1897 Rinehart Road; Florida Power and Light, owner, by Nancy A. Swalwell - Director, Corporate Real Estate. Ad published March 31 and April 7, 2004. Recommended by the City Clerk and the City Manager. (3) Re: 7.15 acres of property between Airport Boulevard and the Central Florida Greeneway and between Old Lake Mary_ Road and Live Oak Boulevard extended northerly_: 1511 W. Airport Boulevard: Barton B. Pilcher. Successor Trustee. Stemper Trust. owner: George Viele. Agent: Brio Commerce Center. Ads published March 7, 2004. First reading of Ordinance No. 3858 to amend the Future Land Use designation fi.om IND, Industrial, LDR, Low Density Residential and CONS, Conservation to GC, General Commercial. Recommended by the Director of Planning and Development Services and the City Manager. (B) First reading of Ordinance No. 3859 to rezone the property_ from MI-2, Medium Industrial and AG, Agriculture, to PD, Planned Development with conditions in a development order. Recommended by the Director of Planning and Development Services and the City Manager. (4) Condemnation of pro_nerties. Deputy City Manager and City Manager recommend the structures be found unsafe, dilapidated, unsanitary or uninhabitable, to condemn said structures, and give the owner(s) thirty (30) days to repair or demolish; if property owner(s) fail to effect such demolition and removal or repair within said thirty (30) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. Report #04-11, 1020 Maple Avenue, Harrison Clark, Jr., et al. Report #04-12, 1107 W. 8th Street, Madeline and Silvester Brown. Report #04-13, 1610 Peach Avenue, Blanche Weaver. Report #04-14, 408 Cypress Avenue, Ruth Allen the Theodore Johnson. Report #04-16, 904 Willow Avenue, Mary Shepherd. Ri~GULAR ITEMS (1) Consider request from Pebble Junction to waive or reduce the $19,650.00 fine (lien) imposed by the Code Enforcement Board on December 9, 2003. (2) First reading of Ordinance No. 3860 to annex 0.28 acre of property between Rose Drive and Fern Drive and between Palm Way and E. Jenkins Circle extended southerly; 3506 Palm Way, David E. Hall, owner. Recommended by the Director of Planning and Development Services and the City Manager. (3) Fi~t,reading of Ordinance No. 3861 to amend the City. Code and update the City's towing code. authorizing the City Manager or his designee to enter into contracts with qualified towing companies and incorporate a revised fee structure. Recommended by the Deputy City Manager and the City Manager. (4) First reading of Ordinance No. 3862 to amend the City. Code to provide for San~ford RiverWalk Florida and San_ford is Booming Iogos. Recommended by the City Manager. (5) Condemnation Status Report: Demolitions Report #01-14, 1605 Peach Avenue, Clontha Hampton & Bridgette Perry & Iris Smith et al. Demolition recommended by the Deputy City Manager and the City Manager. Report #04-04, 1202 Mulberry Avenue, Mary Smith. Demolition recommended by the Deputy City Manager and the City Manager. CITY ATTORNEY'S REPORT CITY CLERK'S REPORT CITY MANAGER'S REPORT CITIZEN PARTICIPATION CITY COMMISSIONERS' REPORTS EPNIII072 MINUTES AGENDA City Commission, Sanford, Florida APRIL 12 2004 20.-- ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING OR HEARING HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS INCLUDING THE TESTIMONY AND EVIDENCE WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (F.S. 286.0105) PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE HUMAN RESOURCES OFFICE ADA COORDINATOR AT 407-330-5610 48 HOURS IN ADVANCE OF THE MEETING. EPNIII072 lmm MINUTES City Commission, Sanford, Florida REGULAR MEETING APR/L 12 2004 20 The City Conm'L~on of the City of Sanford, Florida, met in Regular Meeting on Monday, April 12, 2004, at 7:00 P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Brady Lessard Vice Mayor Dr. Velma Williams Commissioner Art Woodruff Commissioner Randy Jones Commissioner Kevin Hipes City Manager Al Grieshaber Jr. City Attorney William L. Colbert City Clerk Janet R. Dougherty ~ by Mayor Lessard at 7:01 P.M. INVOCATION by Reverend Dora Richardson, House of Refuge Ministries, Inc. PLEDGE OF ALLEGIANCE Community Development Week. Commissioner Jones mad the Proclamation, proclaiming the week of April 12 through 18, 2004, as Community Development Week. APPROVAL OF MINUTES Minutes of March 22, 2004, Regular Meeting. Recommended by the City Clerk and the City Manager. Vice Mayor Dr. Williams moved to approve the Minutes of the March 24, 2004, Regular Meeting. 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 CONSENT AGENDA (1) Approve Agreement relating to St. Johns Parkway Phase II right-of-way, between County, City, Dyson and Stenstrom properties. Tabled on March 22, 2004. (2) Approve Memorandum of Understanding between the City of Sanford and Seminole County elating to County's Airport Boulevard (Phase Ill) and City's St. Johns Parkway Road Improvement Project. Tabled on March 22, 2004. (3) Approve amendment No. 59A in amount of $53,500.00 for additional engineering services on St. Johns Parkway East Phase Ill (Rinehart Road to Upsala Road) provided by CPH Engineers. (4) Approve Memorandum of Understanding with Johnson Controls to conduct a feasibility assessment, at no cost to the city, of the Utility Department's facilities and water distribution system to determine if infrastructure improvements would be economically viable. (5) Approve purchase of hoist truck from State Contract Vendor, Don Reid Ford, for total cost of $56,714.00, for Utility Department, Plants Division. (6) Approve outside ofci _ty water and sewer services to Suncor Celery Avenue South Project, and authorize the City Clerk to record the Annexation Petition in the Public Records of Seminole County; and to annex the property, individually by lot or in whole, when it becomes annexable. (7) Approve Sanford RiverWalk Grand Opening street closurea: Seminole Boulevard fix)m Myrtle Avenue to Mellonville Avenue from Thursday, May 6 at 9:00 PM to Monday, May 10 at 6:00 AM; Park Avenue from Seminole Boulevard to Fulton Street on Friday, May 7 from 1:00 PM to Sunday, May 9 at noon; Park Avenue from Seminole Boulevard to Commercial Avenue from 6:00 Am to 8:00 PM on Saturday, May 8. (8) v n ' execution of Satisfaction of Lien including Satisfaction of Rehabilitation Loan Agreements and Restrictive Covenants for Marie Odom (1112 Oak Avenue). (9) Approve contract award to Aagaard-McNary Construction, lnc. for the Department of EPNIII072 MINUTES REGULAR MEETING City Commission, Sanford, Florida APRIL 12 2004 20.__ Community Affairs (DCA) funded Residential Consm~on Mitigation Project (RCMP) in total amount not to exceed $55,000.00. (10) ~ of bid for Brick Pavers to Brick America, Inc. (11) Rt, itt&~ll.hi~ received in response to Solicitation Number IFB 03/04-15, Sale of PBA Property. (12) Releaae Code Eafoeeement Llem at 406, 408 and 410 South Sanford Avenue. (13) ~ of Public Works Department funds. ~ by the City Manager. City Manager Grieshaber reported that Consent Item (8) has been handled, and that no action is necessary. Commissioner Jones moved to approve Consent Items ( 1 ) through (7), (9), (10), ( 12 ), and ( 13 ). 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 Commissioner Woodruffmoved to table Consent Item (11) to May 10, 2004. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Lesserd Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (1) Second reading and adoption of Ordimanee No. 3857 to el~_ vae~*o and ~__h~,~,,. a 14 foot uti# _fy and dfaint? between W. 5th Street and Gordon Street and between Meiseh Road and Aero Lane; Bright House Networks, LLC, owner, by Jerry Martin, Vice President. Ad published March 31,2004. ~ by the City Clerk and the City Manager. Commissioner Jones moved to adopt Ordinance No. 3857. 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 (2) Second eeedin~_ and adoption of O~linanee No. 3853 to an~, 4.419 acres of property between W. SR 46 and Smith Canal Road and between Sewell Road and Rinehart Road; 1897 Rinehart Road; Florida Power and Light, owner, by Nancy A. Swalwell - Director, Corporate Real Estate. Ad published March 31 and April 7, 2004. Rl~atmlflltlld~ by the City Clerk and the City Manager. Commissioner Jones moved to adopt Ordinance No. 3853. 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 (3) Re: 7.15 acres of _m'o_nor~. between Ai _rport Boulevard and Ihe Central Florida Gr~,.,,nvay and between Old l,nk- Mary_ Road and Live Oak Boulevard ezt~mh~! northerly_: 1511 W. Ai _rport Boulevard: Barton B. pll~he_r. Successc- Trustee. Stemper Trust, owner:. Geor~_e Viol~_ Agent: Brio Comm,,l'ce Center. Ads published March 7, 2004. MINUTES City Commission, Sanford, Florida REGULAR MEETING APRIL 12 EPNIII672 (A) First _lng_ din_o of Ordinan~_ No. 3858 tO amend the Future Land Use designation from IND, Industrial, LDR, Low Density Residential and CONS, Conservation to GC, General Commercial. Recommended by the Director of Planning and Development Services and the City Manager. Commissioner Jones moved to approve the first reading of Ordinance No. 3858. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: (B) Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye First reading of Ordinance NO, 3859 to rezone the property from MI-2, Medium Industrial and AG, Agriculture, to PD, Planned Development with conditions in a development order. Recommended by the Director of Planning and Development Services and the City Manager. Commissioner Hipes moved to approve the first reading of Ordinance No. 3859 with changes to the recommended Automotive/ir/tiler parking in the Greeneway right-of-way may be approved as a conditional use subject to Expressway Authority approval. 2. Delete the fountain in the retention area. 3. Buffers, setbacks, sections, and natural vegetation/landscape concepts described on the Planned Development Master Plan shall be permissible. 4. The Director of Planning and Development Services may permit minor deviations from the City's Land Development Regulations provided the intent of the regulations are met. and subject to the 25+ acres to the south becoming a conservation area. Seconded by Vice Mayor Dr. Williams and carried by conditions as follows: 1. vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (4) Condemnation of properties. Deputy City Manager and City Manager recommend the structures be found unsafe, dilapidated, unsanita~ or uninhabitable, to condemn said structures, and give the owner(s) thirty (30) days to repair or demolish; if property owner(s) fail to effect such demolition and removal or repair within said thirty (30) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. Report #04-11, 1020 Maple Avenue, Harrison Clark, Jr., et al. Commissioner Woodruff moved to find the structure(s) unsafe, dilapidated, unsanitary or uninhabitable, to condemn said structure(s), and give the owner(s) thirty (30) days to repair or demolish; if property owner(s) fall to effect such demolition and removal or repair within said thirty (30) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye EPNIII072 MINUTES REGULAR MEETING City Commission, Sanford, Florida APRIL 12 2004 20__ Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye Report #04-12, 1107 W. 8th Street, Madeline and Siivester Brown. Commissioner Jones moved to find the structure(s) unsafe, dilapidated, unsanitary or uninhabitable, to condemn said structm~s), and give the owner(s) thirty (30) days to repair or demolish; if property owner(s) fail to effect such demolition and mmovai or repair within said thirty (30) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. 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 Report #04-13, 1610 Peach Avenue, Blanche Weaver. Commissioner Jones moved to find the structure(s) unsafe, dilapidated, unsanitary or uninhabitable, to condemn said structure(s), and give the owner(s) thirty (30) days to repair or demolish; if property owner(s) fail to effect such demolition and removal or repair within said thirty (30) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. 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 Report #04-14, 408 Cypress Avenue, Ruth Allen the Theodore Johnson. Vice Mayor Dr. Williams moved to find the structure(s) unsafe, dilapidated, unsanitary or uninhabitable, to cond~nm said structure(s), and give the owner(s) sixty (60) days to repair or demolish; if property owner(s) fail to effect such demolition and removal or repair within said sixty (60) day period, the City shall demolish and remove the buildings and/or structures, and the actual cost of said removal and disposal, including administrative costs, will be assessed as a lien against the properties. 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 Report #04-16, 904 Willow Avenue, Mary Shepherd. No action necessary or taken. (I) Consider reo_uest from Pebble Jungl~on to waive or reduce the $19,650.00 fine (lien) imposed by the Code Enforcement Board on December 9, 2003. Commissioner Jones moved to reduce the fine to $10,200.00. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Lessard Aye Vice Mayor Dr. Williams Aye EPN111072 (2) MINUTES City Commission, Sa~ford, Florida REGULAR MEETING APRIL 12 Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye First r~adin_ff of Ordinance No. 3860 to annex 0.28 acre of property between Rose Drive and Fern Drive and between Palm Way and E. Jenkins Circle extended southerly; 3506 Palm Way, David E. Hall, owner..R_e_goffi_~e_~l_O by the Director of Planning and Development Services and the City Manager. Commissioner Jones moved to approve the first reading of Ordinance No. 3860. Seconded by Commissioner Hipes 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) First r~adln_o of Ordinance No. 3861 to amend the City_ Code and update the City's towing code. authorizing the City Manager or his designee to enter into contracts with qualified towing companies and incorporate a revised fee structure. ~ by the Deputy City Manager and the City Manager. [Vice Mayor Dr. Williams left the meeting and returned, during discussion.] Commissioner Jones moved to approve the first reading of Ordinance No. 3861. Seconded by Vice Mayor Dr. Williams and carded by vote of the Commission as follows: (4) Mayor Lessard Aye Vice Mayor Dr. Williains Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye First reading of Ordinance No. 3862 to amend the City_ Code to orovide for Sanford RiverWaik Florida and Sanford is Booming logos. ~ by the City Manager. Vice Mayor Dr. Williams moved to approve the first reading of Ordinance No. 3862. 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 (5) Condemnation Status Report: Demolitions Report #01-14, 1605 Peach Avenue, Clontha Hampton & Bridgette Perry & Ids Smith et al. Demolition recommended by the Deputy City Manager and the City Manager. Commissioner Hipes moved to demolish the structure, after 30 days. Seconded by Commissioner Jones and carded by vote of the Commission as follows: Mayor Lessard Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Report g04-04, 1202 Mulberry Avenue, Mary Smith. Aye Aye Aye Aye Aye Demolition recommended by the Deputy City Manager and the City Manager. [Commissioner Jones left the meeting and rammed, dur~g discussion4 Commissioner Jones moved to demolish 2004 20__ EPNIII072 MINUTES REGULAR MEETING City Commission, Sanford, Florida APRIL 12 2OO4 20__ the structure, at~er 30 days. Seconded by Commissioner Woodmffand carded by vote of the Commi~ion as follows: (1) Mayor Lessard Aye Vice Mayor Dr. Williams Aye Con~iissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye Dance hall license at 2921 Orlando Drive, Suites 240/250, Mickey's Roadhouse. Requested by Stan Smith, President, Sanford Plaza, Inc. of Deltona. Commissioner Jones moved to approve a dance hall license at 2921 Orlando Drive, Suites 240/250, Mickey's Roadhouse. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: INFORMATION CITY ATTORNEY'S REPORT CITY CLERK'S REPORT CITY MANAGER'S REPORT CITIZEN PARTICIPATION CITY COMMISSIONERS' REPORTS Mayor Lessard Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye Attest: Eity Clerk jd There being no further business, the meeting was adjourned at 9:42 P.M. / t/~ la'a'~Ma24o~'Brady Lessard