072604 rm agenda & min.EPNIiI072
MINUTES
City Commission, Sanford, Florida
AGENDA JULY 26
Sanford City Commission Regular Meeting
Monday, July 26, 2004, at 7:00 P.M.
City Commission Chambers, 1st Floor
Sanford City Hall, 300 Noah Park Avenue
Sanford, Florida
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Minutes of July 12, 2004, Work Session and Regular Meeting. ~ by the City Clerk and the City
Manager.
(1)
(2)
Approve Ci_ty Attorney's Statement for month of June, 2004. ~d~g.9.111m.e~ld.~ by the City Manager.
Approve Payments Ma0e during June 2004. ~ by the City Manager.
(3)
AggtlL~/jg~,~ on existing Orange County Contracts to purchase pipe, pm-cast structures, and related
material to complete the 15th Street and Sanford Avenue drainage project, 2nd phase, lk~dtlllm.edill~ by the City
Manager.
(4)
~ to properties outside the city at 3650 Sanford Avenue and 114 Bieder Avenue, with owners
to pay all fees; and authorize the City Clerk to record the Annexation Petitions: and a~l~l~,KlIlll~I~ the
properties when they become annexable. ~ by the City Manager.
(5)
Approve Criminal Justice Center Interlm-~l Agrceme-* with Seminole County. ~ by the City
Manager.
(6)
(7)
Approve purchase and installation of Mobile Data Transmission la?o_r- including necessary components on all
Fire Department engines, tower and battalion vehicles. ~ by the City Manager.
Approve Annual Fundim, Agreement for FY2004/2005 with Metroplan Orlando in amount of$33,411.75.
lk~7_qllllil_edl0~ by the City Manager.
(8)
Approve renewal of lease with B,I,or Farm, for cattle grazing at Site 10; first year payment often year annual lease
will be $15, 175. ~ by the City Manager.
(9)
Renewal of Insurances: neeapt (BCfBS~ 12/15 Serf Insured PI~- as presented on the Health Insurance Comparisons
Selflnsured Plan sheet; approve continuin_o with Aero to provide Group Life Insurance Coverage with no change
in cost to the City; approve renewal of voluntary Group Den~'oS coverage with Principal Financial Group; ~
renewal of coveraae with Professional Insurance Company Benefit Plans. R~?d/IIIIK0.11O~ by the City Manager.
(1)
(2)
(3)
Second reading and adoption of Ordinane_e No. 385~ to adopt the First Comprehensive Plan Amendment of 2004.
~ by the Director of Planning and Development Services and the City Manager.
Second readin~ and adoption of O~dinanee No. 381k3 to annoy 2.50 acres between W. 5th Street and St. Johns
Parkway and between Aero Lane and S. White Cedar Road, 251 S. White Cedar Road; Govind an d Meena
Chaudhari, owners. Ad published July 14 and 21, 2004. R.~7.0.mm.e, aO~ by the City Clerk and the City Manager.
Affirm the Plannin~ and Zonin? Commission's decisi~-- on May 6, 2004, to approve a Conditional Use for BP
Connect at 2500 French Avenue with conditions including the restriction that no driveway is allowed on US Highway
17&92 an the requirement for traffic calming devices to be installed along Sarita Street. Ad published June 27, 2004,
property posted June 25, 2004, property owners notified June 18, 2004. Continued bom July 12, 2004. Director of
Planning and Development Services and the City Manager ~ the Planning and Zoning
Commission's decision.
(l)
Approve Alcoholic Beverage Sales for on-prcmises consumption at 105 E. 1st Strz;' for only the applicant of
record's use in conjunction with the existing restaurant, l~&lllme, llO~ by the Planning and Zoning Commission,
Director of Planning and Development Services and the City Manager.
(2)
Request from Delaware Ouarrias. Inc. (Pebble June~on_ Inc3 regardino Code Enforcement Board Case ~02
1985, City Attorney repoas that the City cannot reopen or hear the facts o~the case without new evidence and it is
more than 30 days since the ruling. The City Commission can reduce the fine in a further amount but cannot reopen
2OO4
20.__
EPNIII072
MINUTES
AGENDA
City Commission, Sanford, Florida
JULY 26 2004
20__
the case.
(3) First reading, of Ordinance No. 3884 regarding City Code Chapter 11, Article I, Garbage, Trash, Weeds and Solid
Waste. ]~lgJlllll~lll~[ by the Public Works Director and the City Manager.
(4) FY 2005 Budget and Millage: Set FY 2005 proposed millage rate at 6.350 mills, armounee the roll-back millage rate
of 6.067 mills, and set the first public hearing on the tentative budget for 7:00 P.M. on September 13, 2004, in the
City Commission Chambers, 300 N. Park Avenue, Sanford, Florida 32771. Recommended by the Finance Director
of the City Manager.
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 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
MINUTES
City Commission, Sanford, Florida
REGULAR MEETING JULY 26
2 004
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, July 26, 2004, at 7:00
P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida.
Presem:
Mayor Brady Lessard
Vice Mayor Dr. Velma Williams
Commissioner Art Woodruff
Commissioner Randy Jones
Commissioner Kevin Hipes
City Manager A1 Grieshaber Jr.
City Attomey William L. Colbert
City Clerk Janet R. Dougherty
Mayor Less~d called the meeting to order at 7:01 P.M.
INVOCATIQN by Ms. Thelma Mike, Good Samaritan Home.
NATIONAL ANTHEM by Ms. Eloise DiHegard.
PLEDGE OF ALLEGIANCE
ADOPTION OF RESOLUTION NO. 1968. providing for a det,m~ation in the current personnel issue regarding the Deputy
City Manager.
Vice Mayor Dr. Williams moved to adopt Resolution No. 1968. Seconded by Commissioner Jones and carried
by vote of the Commission as follows:
APPROVAL OF MINUTES
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Nay
Commissioner Jones Aye
Commissioner Hipes Nay
Minmes of July 12, 2004, Work Session and Regular Meeting. ~ by the City Clerk and the City Manager.
Commissioner Woodruffmoved to amend the Work Session Minutes to clarify that the reallocation of funds to
"pay for one railroad crossing repair" is an additional repair, and to approve the Work Session Meeting Minutes as amended and
the Regular Meeting Minutes. 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) Approve City_ Attorne_v's Statement for month of June, 2004. (2) Approve Payments Made during June 2004.
(3) ' ' on existing Orange County Contracts to purchase pipe, pre-cast structures, and related material to
complete the 15th Street and Sanford Avenue drainage project, 2nd phase. (4) ~ to properties outside
the city at 3650 Sanford Avenue and 114 Bieder Avenue, with owners to pay all fees; and authorize the City Clerk to record
the Annexation Petitions: and ~ the properties when they become annexable. (5) Approve Criminal Justice
Center Interlocal A_m'eement with Seminole County. (6) Approve purchase and installation of Mobile Data Transmis$|on
~ including necessary components on all Fire Department engines, tower and battalion vehicles. (7) ~_i
~ for FY2004/2005 with Metroplan Orlando in amount of$33,411.75. (8) Approve renewal of lease with
~ for cattle grazing at Site 10; first year paymem often year annual lease will be $15, 175. (9) Renewal of
Insurances; accept (BC/BS~ 12/15 Self Insured Plan as presented on the Health Insurance Comparisons Self Insured Plan
CITY COMMISSION
CITY OF SANFORD, FLORIDA
PUBLIC HEARING
IN RE: APPEAL FROM THE DECISION OF THE PLANNING AND ZONING
COMMISSION TO APPROVE WITH CONDITIONS A CONDITIONAL USE FOR
URBAN INFILL TO REDEVELOP PROPERTY AT 2500 FRENCH AVENUE,
SANFORD, FLORIDA, AS A GASOLINE SERVICE STATION.
The City Commission based on the clear and convincing evidence
contained in the record before the Planning and Zoning Commission
(P&Z) on May 6, 2004, and at Appeal Hearing continued from July 12,
2004, to July 26, 2004, makes the following FINDINGS OF FACT,
CONCLUSIONS OF LAW, and enters the following ORDER:
FINDINGS OF FACT
(1) That the property at 2500 French Avenue, Sanford, Florida,
abuts a developed residential area.
(2) That the applicant desires to redevelop the property as a
Gasoline Service Station containing gasoline pumps and a convenience
store.
(3) That on May 6, 2004, the P&Z approved the conditional use for
Urban Infill to redevelop the property as a Gasoline Service Station
subject to a Development Order with conditions, with one of said
conditions due to safety considerations being that "Access to and
from the site shall be limited to one (1) access point on each of
Sarita Street and CR 46A. The CR 46A driveway shall be restricted to
right-in/right-out only".
(4) That the applicant desires an additional access point to and
from the property on U.S. Highway 17 & 92 (French Avenue).
(5) That the applicant has submitted a Traffic Impact Study
dated June 2004, by }{DR Engineering, to support the safety of the
additional access point requested on U.S. Highway 17 & 92 (French
Avenue).
(6) That the City Com~ission 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 LAW
(1) This Commission finds that the additional access to and from
the site on U.S. Highway 17 & 92 is not a safety hazard provided
there is a sufficient turning lane; and, the impact of the
redevelopment on existing residential development must be mitigated
as much as possible.
THEREFORE, IT IS
request to overturn the
ORDERED that
the Appellant/Applicant's
P&Z's approval with conditions on May 6,
2004, is approved and the additional right-in/right-out access on
U.S. Highway 17 & 92 (French Avenue) is approved conditioned on the
following: dedication of ten (10) feet of right-of-way along the
entire length of the U.S. Highway 17 & 92 (French Avenue) frontage;
the access to and from the site on Sarita Street is right-in/left-
out only; a speed hump is installed on Sarita Street; dumpster
service is no earlier than 8:00 A.M.; construction traffic is
prohibited through the residential neighborhood, primarily on
Sarita Street; delivery traffic (to/from the business) is
prohibited through the residential neighborhood; and the applicant
shall work with Seminole County (including right-of-way dedication)
for necessary improvements to CR 46A.
DONE AND ORDERED this 26th day of July, 2004.
Mayor Brady Lessard
Attest:
City Clerk
I HEREBY CERTIFY that a true copy of the foregoing has been
furnished by U.S. Mail to Kenneth E. Hardy, Jr., c/o Aaron
Gorovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., P.
O. Box 2809, Orlando, Florida 32802-2809, this /0~ day of
August, 2004.
City Cler
EPNIII072
MINUTES
REGULAR MEETING
City Commission, Sanford, Florida
JULY 26 2004
20
sheet; approve continnlu? with A~a to provide Group Life Insunmce Coverage with no cha%oe in cost to the City;
renewal of voluntary_ Group De. ntaJ coverage with Principal Financial Group; approve renewal of coverage
ProfeaMonal lnsuronee Company Benefit phn~. ]l~t0iBIRedld~ by the City Manager.
Coiiafdssioner Jones moved to approve Consent Items (1) through (8). Seconded by Coramissioner Woodruff
and carried by vote of the Cor,,i~i.~sion as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
Coi~:~i~sioner Woodruff moved to approve Consent Item (9). Seconded by Commi~ioner 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) Second readin_~ and adoption of Ordinance No. 38.nra to adopt the First Comprehensive Plan Amendment of 2004.
R~O~till.~lfl~ by the Director of Plarming and Development Services and the City Manager.
Commissioner Jones moved to adopt Ordinance No. 3856. Seconded by Vice Mayor Dr. Williams alld carried
by vote of the Commission as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Coaiufissioner l-lil~S Aye
(2) Second reading and adoption of Ordlnanee No. 3883 to au~,,- 2.50 acres between W. 5th Street and St. Johns
Parkway and between Aero Lane and S. White Cedar Road, 251 S. White Cedar Road; Govind and Meena Chaudhari,
owners. Ad published July 14 and 21, 2004. ~ by the City Clerk and the City Manager.
Coi~iii~ksioner Jones moved to adopt Ordinance No. 3883. Seconded by ' '
Commissioner Woodruffagtd carried
by vote of the Coreanission as follows:
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commi~ioner Hipes Aye
(3)
Afflm the Planning and Zonin_~ Commt~ainn'a deciaio,, on May 6, 2004, to approve a Conditional Use for BP
Connect at 2500 French Avenue with conditions including the restriction that no driveway is allowed on US Highway
17&92 and the requimme~ for traffic calming devices to be installed along Sarita Street. Ad published June 27, 2004,
property posted June 25, 2004, property owners notified June 18, 2004. Continued flrom July 12, 2004. Director of
Planning and Development Services and the City Mansger ~ the Planning and Zoning
Coiii~i~ssion's d~cision.
[Mayor Lessard passed the gavel to Vk:e Mayor Dr. Williams and leR the meeting and returned and retrieved
the gavel during diseug~L'~r~] Co~,;~6omx Jones moved to overturn and modify the Planning and Zonlng~ Commission's action
EPNIII072
MINUTES
City Commission, Sanford, Florida
REGULAR MEETING JULY 26
of May 6, 2004, and approve the additional right-in/right-om access on U.S. Highway 17 & 92 (French Avenue) conditioned
on the following: dedication of ten (10) feet of right-of-way along the emire length of the U.S. Highway 17 & 92 (French
Avenue) frontage; the access to and from the site on Sarita Street is right-in/left-out only; a speed hmp is installed on Sarita
Street; dumpster service is no earlier than 8:00 A.M.; construction traffic is prohibited through the residential neighborhood,
primarily on Sarita Street; delivery traffic (to/from the business) is prohibited through the residemial neighborhood; and the
applicant shall work with Seminole County (including right-of-way dedication) for necessary improvements to CR46A.
Seconded by Vice Mayor Dr. Williams and carded by vote of the Commission as follows:
(1)
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
Approve Alcoholic Beverage Sales for on-premises consumption at 105 E. 1st Street for only the applicant of
record's use in conjunction with the existing restaurant. ~ by the Planning and Zoning Commission,
Director of Planning and Development Services and the City Manager.
Commissioner Jones moved to approve the sale of alcoholic beverages for consumption on the premises at 105
E. 1st Street as recommended. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows:
(2)
(3)
Mayor Lessard Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
Request from Delaware Ouarries. Inc. (Pebble Junction. Inc.) regarding Code Enforcement Board Case #02-
1985. City Attorney reports that the City cannot reopen or bear the facts of the case without new evidence and it is more
than 30 days since the ruling. The City Cona~fission can reduce the fine in a further amount but cannot reopen the case.
The Commission took no action.
First readln_~ of Ordinance No. 3884 regarding City Code Chapter 11, Article I, Garbage, Trash, Weeds and Solid
Waste. ~ by the Public Works Director and the City Manager.
Conu~fissioner Woodruffmoved to approve the first reading of Ordinance No. 3884. 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
(4)
FY 2005 Budget and Millage: Set FY 2005 proposed millage rate at 6.350 mills, announce the roll-back millage rate
of 6.067 mills, and set the first public hearing on the tentative budget for 7:00 P.M. on September 13, 2004, in the City
Commission Chambers, 300 N. Park Avenue, Sanford, Florida 32771. ~ by the Finance Director and the
City Manager.
Commissioner Woodruffmoved to set the FY 2005 proposed millage rate at 6.350 mills, announce the roll-back
millage rate of 6.067 mills, and set the first public heating on the tentative budget for 7:00 P.M. on September 13, 2004, in the
Commission Chambers, 300 N. Park Avenue, Sanford, Florida 32771. Seconded by Vice Mayor Dr. Williams and carried
2 0o4
EPNIII072
MINUTES
REGULAR MEETING
City Commission, Sanford, Florida
JULY 26
2004
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) A_nprove Tern_notary Use _Agreements for _nublic _harking during the 1st Street Streetseaye Construction
Commissioner Woodmffmoved to approve Temporary Public Use Agreemems with Hoogland Orlando, Inc.,
and with Dennis Doyle. 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
CITY ATTORNEY'S REPORT
CITY CLERK'S REPORT
CITY MANAGER'S REPORT
CITIZEN PARTICIPATION
CITY COMMISSIONERS' REPORTS
There being no fia'ther business, the meeting was adjourned at 10:27 P.M.
Attest:
jd
k,.J May~ ~rady Lessard