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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