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041105 ws & rm agn & min MINUTES 68 Regular Meeting Agenda A.prill1,...2005 City Commission, Sanford, Florida EPNll1072 AGENDA Sanford City Commission Meetings Monday, April 11, 2005 Sanford City Hall, 300 North Park Avenue Sanford, Florida *************************************************************************************************** Work Session at 4:00 P.M. in the City Manager's Conference Room, 2nd Floor (1) Presentation to Employee of the Month for Month of April, 2005. (2) Presentation: Affordable Housing Initiative: Goldsboro Front Porch Community. (3) (4) Organizational issues. Discussion of board aplJointments~ procedure to fill vacancies. (5) Regular Agenda items. *************************************************************************************************** Regular Meeting at 7:00 P.M. in the City Commission Chambers, Ist Floor CALL TO ORDER INVOCA nON PLEDGE OF ALLEGIANCE CONSENT AGENDA (1) Approve CPR Amendment 54C for continuing engineering services in connection to renewal of the City of Sanford's Consumptive Use Permit from the St. John River Water Management District for a cost of $5,000.00. (2) Approve Joint Facilitation of Public Infrastructure Aereement pertaining to North Shore Revetment Project between Suncor Properties, Inc., Sanford Community Redevelopment Agency and the City of Sanford. (3) Approve submittal oferant application to the U.S. Department of Housing and Urban Development for the reimbursement of the purchase of downtown parcels. (4) RiverWalk Celebration Special Event: Approve street closures of Seminole Boulevard from Hwy 17-92 to the west side of San Juan Avenue from Friday, May 6th at 8:00 AM until Sunday, May 8th at 8:00 AM (Palmetto Avenue will remain open for access to Marina) and Park Avenue from Seminole Boulevard to the north side of Commercial Street~ approve use of City Hall parking lot for vendor parking~ approve use of City Hall front entrance courtyard (near flagpole) for dining area~ approve sale of alcoholic beverages. (5) Accept Barbara Farrell's resienation from the Historic Preservation Board effective March 8,2005, and thank her for her service. (6) Accept Sylvester Chane's resienation from the Civil Service Board effective March 25,2005, and thank him for his service. (7) Approve replacine the front concrete apron at the main fire station at a total cost of$19,987.24 under existing city contract with Core Construction Group, Inc. Recommended by the City Manager. PUBLIC HEARINGS (1) Fint readine of Ordinance No. 3927 to adopt the first Comprehensive Plan Amendment of2005, consisting of text amendments and map amendments~ and authorization to transmit amendment to Department of Community Affairs. Ad published April 3, 2005. Continued from March 28,2005. Recommended by the Planning and Zoning Commission, the Director of Planning and Development Services, and the City Manager. (2) Re: 22.34 acres between Wildwood Drive extended easterly and Lake Mary Boulevard and between Hidden Lake Drive and Sterling Pine Street, 500 Art Lane~ Pineview Academy, Inc., owner~ Tom Corkery, Manager, Congressional Homes and Development of Florida, Applicant. (A) Fint readine of Ordinance No. 3925 to rezone the property from SR-l, Single Family Residential to PD, Planned Development subject to approval of the Large Scale Comprehensive Plan Amendment, a Preliminary Subdivision Plan, and Development Order 05-0012 with additional criteria. Ad published March 6,2005. Continued from March 28,2005. Recommended by the Planning and Zoning Commission, the Director of Planning and Development Services, and the City Manager. ] ] J ] ] 69 EPNll1072 MINUTES City Commission, Sanford, Florida Regular Meeting Agenda April 11. 2005 ,.. .~ (3) ~ r- (4) .... (B) Approve the Preliminarv Subdivision Plan for the Reserve at Sanford, a 129 Unit Townhouse development, subject to compliance with Development Order 05-0012. Continued from March 28,2005. Recommended by the Planning and Zoning Commission, the Director of Planning and Development Services, and the City Manager. First readine of Ordinance No. 3926 to rezone 2.4 acres between East 24th Street and East 25th Street and between Palmetto Avenue and Park Avenue, 2441 Park Avenue, from RMOI, Multi-family Residential, Office and Institutional, and GC-2, General Commercial, to SR-l, Single Family Residential, subject to adoption of the Large Scale Comprehensive Plan Land Use Amendment; Turnover Inv., LLC, owner, by Chad Linn, applicant. Ad published March 6,2005. Continued from March 28,2005. Recommended by the Planning and Zoning Commission, the Director of Planning and Development Services, and the City Manager. First readine of Ordinance No. 3929 to annex 44.31 acres between East Lake Mary Boulevard and Pine Way and between Brisson Avenue and Park National Drive; 3890 Brisson Avenue; Kenneth W. Wright, Esquire, Petitioner, representing 5 owners. Recommended by the Development Review Team, the Director of Planning and Development Services, and the City Manager. (5) Second readine and adoption of Ordinance No. 3921 to close, vacate and abandon that portion of Park Avenue between Palmetto Avenue and French Avenue extended northerly and between Lake Monroe and East Seminole Boulevard. Ad published March 30, 2005. Recommended by the City Clerk and the City Manager. (6) Re: 15.3 acres between Rinehart Road and Oregon Avenue and between Lowe Avenue and Rinehart Road, 1301 Rinehart Road; Blind Mice LLC, owner; Richard Unger, Miller, Sellen, Conner & Walsh, Inc., applicant. - ....... (A) Second readine and adoption of Ordinance No. 3922 to annex 9.73 acres of the property. Ad published March 30 and Apri16, 2005. Recommended by the City Clerk and the City Manger. (B). Second readine and adoption of Ordinance No. 3923 to change the Future Land Use map designation of 9.92 acres from HIPTI, High Intensity Planned Development Target Industry (Seminole County) and m, High Intensity (City of Sanford) to WIC, Westside Industry and Commerce. Ad published March 30,2005. Recommended by the City Clerk and the City Manager. (C) Second readine and adoption of Ordinance No. 3924 to rezone the 15.3 acres from AG, Agriculture, to PD, Planned Development subject to annexation of the 9.73 acres and approval of the Future Land Use map amendment and Development Order 05-0009; approve Development Order 05-0009. Ad published March 30,2005. Recommended by the City Clerk and the City Manager. (7) Second readine and adoption of Ordinance No. 3928 to annex .15 acre between Country Club Road and CR 46 A and between Old Lake Mary Road and W. Airport Boulevard; 2020 Old Lake Mary Road; Sean and MaIjorie Kelsey, owners. Ad published March 30 and April 6, 2005. Recommended by the City Clerk and the City Manager. ,....... ...... ,... ! .... (8) Second readine and adoption of Ordinance No. 3930 to annex 1.41 acres between E. 2nd Street and E. 4th Street and between Crescent Boulevard and S. Virginia Avenue, (1990 E. 4th Street, Alfred B. Lampp, owner; 217 Shirley Avenue, Jane N. Cooper, owner; 222 Shirley Avenue, Laura L. and John T. Cullum, Jr., owner; and 230 Shirley Avenue, Rudolph V. & Germaine R. Davis, owner.) Ad published March 30 and April 6, 2005. Recommended by the City Clerk and the City Manager. (9) Consider continuine Condemnation Bearine to June 14,2005 on Report #04-23, 109 E. Coleman Circle, Karen Prince. REGULAR ITEMS (1) Consideration of request from Florida Recvcline Services. Inc. (FRS) relative to liquidated damaees imposed in accordance with Franchise Agreement; request for payment by FRS ofliquidated damages ($65,536.85) collected by City. Public Works Director and City Manager recommend to deny relief req uested. If City Commission grants relief, the appropriate motion would be to grant relief either as to all liquidated damages collected by the City or for a portion of that total amount ($65,536.85) and authorize the Finance Director to issue the appropriate check to FRS. (2) Consider request for Rieht-of- Way Use Aereement to allow the continuation of a portion of a house currently encroaching approximately fifteen (15) feet into the Pomegranite Avenue Right-of-Way at 1801 W. 2nd Street. The fence in the right-of-way shall be in compliance with the City of Sanford Land Development Regulations (LDR) and shall be constructed on the property. (3) Adopt Resolution No. 1999 designating the Month of April, 2005, as Water Conservation Month in the City of Sanford. Recommended by the Utility Director and the City Manager. ADD-ON ITEMS INFORMATION CITY ATTORNEY'S REPORT MINUTES 70 Regular Meeting Agenda April 1 u005 City Commission, Sanford, Florida EPNll1072 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 MA YNEED A VERBATIM RECORD OF THE PROCEEDINGS INCLUDING THE TESTIMONY AND EVIDENCE WlllCH 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 407.330-561048 HOURS IN ADV ANCE OF THE MEETING. ~ I J ] ] ] ] r- L ,..... I .... ",.... ..... ....... ..... ,... I I ... '71 EPNll1072 MINUTES City Commission, Sanford, Florida Rf'gnhlr Mppting Minntp~ April 11, 2005 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, April 11 ,2005, at 7:00 P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Linda Kuhn Vice Mayor Dr. Velma Williams Commissioner Art Woodruff Commissioner Randy Jones Commissioner Kevin Hipes City Manager AI Grieshaber Jr. City Attorney William L. Colbert City Clerk Janet R. Dougherty CALL TO ORDER by Mayor Kuhn at 7:00 P.M. INVOCATION by Reverend Paul Benjamin, Central Florida Dream Center. RESIGNATION from City Manager Grieshaber. City Attorney Colbert reported that City Manager Grieshaber has submitted his resignation effective Friday, April 15, 2005, at 5:00 P.M. to the City Commission, with certain terms. It is conditioned on the City Commission accepting the letter as adequate notice pursuant to his contract, continuing to be paid benefits and salary at his regular rate through November 30, 2005, and on November 30, 2005, to be paid the value ofhis accrued vacation and sick leave. Through November 30, 2005, he will be available to consult with the city on items he has been involved in. City Attorney Colbert further reported he and City Manager Grieshaber had discussed and agreed upon other items not included in the resignation. These were that if the resignation is accepted, the City car, cell phone, printer, and other items belonging to the City will be turned in by Friday, April 15,2005, at 5:00 P.M.; and if Mr. Grieshaber will be absent from the City for more than 48 hours excluding weekends and holidays before November 30, 2005, he will make available a phone number where he can be reached. Vice Mayor Dr. Williams moved to accept the resignation as submitted, including the items described by City Attorney Colbert which were not set forth in the written resignation. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye Commissioner Jones moved to appoint Lonnie N. Groot "Acting" Interim City Manager effective 5:00 P.M. on Friday, April 15, 2005. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye Commissioner Woodruff moved to authorize City Attorney Colbert to arrange one-on-one interviews for the City Commission with Mr. V. Eugene Miller, a retired City Manager "Range Rider" who is willing to serve as Interim City Manager until a permanent City Manager is hired. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye MINUTES . 72 City Commission, Sanford, Florida RegJtlar Meeting Minutes April 11,.2005 EPNlllon CONSENT AGENDA (1) Approve CPH Amendment 54C for continuing engineering services in connection to renewal of the City of Sanford's Consumptive Use Permit from the St. John River Water Management District for a cost of $5,000.00. (2) Approve Joint Facilitation of Public Infrastructure Agreement pertaining to North Shore Revetment Project between Suncor Properties, Inc., Sanford Community Redevelopment Agency and the City of Sanford. (3) Approve submittal of grant application to the U.S. Department of Housing and Urban Development for the reimbursement of the purchase of downtown parcels. (4) RiverWalk Celebration Special Event: Approve street closures of Seminole Boulevard from Hwy 17-92 to the west side of San Juan Avenue from Friday, May 6th at 8:00 AM until Sunday, May 8th at 8:00 AM (Palmetto Avenue will remain open for access to Marina) and Park Avenue from Seminole Boulevard to the north side of Commercial Street; approve use of City Hall parking lot for vendor parking; approve use of City Hall front entrance courtyard (near flagpole) for dining area; approve sale of alcoholic beverages. (5) Accept Barbara Farrell's resi&Dation from the Historic Preservation Board effective March 8, 2005, and thank her for her service. (6) Accq>t Sylvester Chang's resipation from the Civil Service Board effective March 25,2005, and thank him for his servIce. (7) Approve replacing the front concrete apron at the main fire station at a total cost of$19,987.24 under existing city contract with Core Construction Group, Inc. Recommended by the City Manager. Commissioner Jones moved to approve Consent Items (3) through (7). Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye Commissioner Woodruff moved to approve Consent Items (1) and (2). Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye PUBLIC HEARINGS (1) First reading of Ordinance No. 3927 to adopt the first Comprehensive Plan Amendment of 2005, consisting of text amendments and map amendments; and authorization to transmit amendment to Department of Community Affairs. Ad published April 3, 2005. Continued from March 28,2005. Recommended by the Planning and Zoning Commission, the Director of Planning and Development Services, and the City Manager. Commissioner Jones moved to approve the first reading of Ordinance No. 3927 with an amendment to eliminate the 10 units per acre and leave the maximum up to 6 units per acre on Site #21. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: ] ] ] ] ] ,.... L. ,... i .... r- ...... "..... ( ! ....... [ 73 EPNlllon MINUTES City Commission, Sanford, Florida Regular Meeting Minutes April t t t 2005 Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (2) Re: 22.34 acres between Wildwood Drive extended easterly and Lake Mary Boulevard and between Hidden Lake Drive and Sterling Pine Street, 500 Art Lane; Pineview Academy, Inc., owner; Tom Corkery, Manager, Congressional Homes and Development of Florida, Applicant. (A) First reading of Ordinance No. 3925 to rezone the property from SR-1, Single Family Residential to PD, Planned Development subject to approval of the Large Scale Comprehensive Plan Amendment, a Preliminary Subdivision Plan, and Development Order 05-0012 with additional criteria. Ad published March 6, 2005. Continued from March 28,2005. Recommended by the Planning and Zoning Commission, the Director of Planning and Development Services, and the City Manager. Commissioner Hipes moved to approve the first reading of Ordinance No. 3925 with two (2) amendments: the units to be the owners primary residence for one (1) year, and the ratio of the units will be 46.5% not less than 1,198 square feet and 53.5% not less than 1,601 square feet. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye (B) Approve the Preliminary Subdivision Plan for the Reserve at Sanford, a 129 Unit Townhouse development, subject to compliance with Development Order 05-0012. Continued from March 28,2005. Recommended by the Planning and Zoning Commission, the Director of Planning and Development Services, and the City Manager. Commissioner Hipes moved to moved to approve the Preliminary Subdivision Plan for the Reserve at Sanford, subject to compliance with Development Order 05-0012. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye The Commission concurred to consider the Preliminary Subdivision Plan again at the second reading and adoption of Ordinance No. 3925. (3) First readinll of Ordinance No. 3926 to rezone 2.4 acres between East 24th Street and East 25th Street and between Palmetto Avenue and Park Avenue, 2441 Park Avenue, from RMOI, Multi-family Residential, Office and Institutional, and GC-2, General Commercial, to SR-1, Single Family Residential, subject to adoption of the Large Scale Comprehensive Plan Land Use Amendment; Turnover Inv., LLC, owner, by Chad Linn, applicant. Ad published March 6,2005. Continued from March 28, 2005. Recommended by the Planning and Zoning Commission, the Director of Planning and Development Services, and the City Manager. Commissioner Jones moved to approve the first reading of Ordinance No. 3926, subject to adoption of the Large MINUTES 74 City Commission, Sanford, Florida Regular Meeting Minutes April 11, 2005 EPNIl1072 Scale Comprehensive Plan Land Use Amendment. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye (4) First reading of Ordinance No. 3929 to annex 44.31 acres between East Lake Mary Boulevard and Pine Way and between Brisson Avenue and Park National Drive; 3890 Brisson Avenue; Kenneth W. Wright, Esquire, Petitioner, representing 5 owners. Recommended by the Development Review Team, the Director of Planning and Development Services, and the City Manager. Commissioner Woodruff moved to approve the first reading of Ordinance No. 3929. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (5) Second reading and adoption of Ordinance No. 3921 to close, vacate and abandon that portion of Park Avenue between Palmetto Avenue and French Avenue extended northerly and between Lake Monroe and East Seminole Boulevard. Ad published March 30, 2005. Recommended by the City Clerk and the City Manager. Commissioner Woodruff moved to adopt Ordinance No. 3921. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (6) Re: 15.3 acres between Rinehart Road and Oregon Avenue and between Lowe Avenue and Rinehart Road, 1301 Rinehart Road; Blind Mice LLC, owner; Richard Unger, Miller, Sellen, Conner & Walsh, Inc., applicant. (A) Second reading and adoption of Ordinance No. 3922 to annex 9.73 acres of the property. Ad published March 30 and Apri16, 2005. Recommended by the City Clerk and the City Manger. Commissioner Jones moved to adopt Ordinance No. 3922. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye (B) Second reading and adoption of Ordinance No. 3923 to change the Future Land Use map designation of9.92 acres from HIPTI, High Intensity Planned Development Target Industry (Seminole County) and HI, High Intensity (City of Sanford) to WIC, Westside Industry and Commerce. Ad published March 30, 2005. Recommended by the City Clerk and the City Manager. Vice Mayor Dr. Williams moved to adopt Ordinance No. 3923. Seconded by Commissioner Jones and carried by vote of the Commission as follows: ] ] ] J ] "... l ,.... l ........... ....... ..... ...... r- , f ... 75 EPNlllon MINUTES City Commission, Sanford, Florida Regular Meeting Minutes April... 2005 Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye ( C) Second reading and adoption of Ordinance No. 3924 to rezone the 15.3 acres from AG, Agriculture, to PD, Planned Development subject to annexation of the 9.73 acres and approval of the Future Land Use map amendment and Development Order 05-0009; approve Development Order 05-0009. Ad published March 30, 2005. Recommended by the City Clerk and the City Manager. Commissioner Jones moved to adopt Ordinance No. 3924. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (7) Second reading and adoption of Ordinance No. 3928 to annex .15 acre between Country Club Road and CR 46 A and between Old Lake Mary Road and W. Airport Boulevard; 2020 Old Lake Mary Road; Sean and Marjorie Kelsey, owners. Ad published March 30 and April 6, 2005. Recommended by the City Clerk and the City Manager. Commissioner Jones moved to adopt Ordinance No. 3928. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye (8) Second reading and adoption of Ordinance No. 3930 to annex 1.41 acres between E. 2nd Street and E. 4th Street and between Crescent Boulevard and S. Virginia Avenue, (1990 E. 4th Street, Alfred B. Lampp, owner; 217 Shirley Avenue, Jane N. Cooper, owner; 222 Shirley Avenue, Laura L. and John T. Cullum, Jr., owner; and 230 Shirley Avenue, Rudolph V. & Germaine R. Davis, owner.) Ad published March 30 and April 6, 2005. Recommended by the City Clerk and the City Manager. Commissioner Jones moved to adopt Ordinance No. 3930. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye (9) Consider continuing Condemnation Hearing to June 14,2005 on Report #04-23, 109 E. Coleman Circle, Karen Prince. Commissioner Woodruff moved to continue the Condemnation Hearing on Report #04-23 to April 25, 2005. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Nay Commissioner Hipes Aye MINUTES 76 City Commission, Sanford, Florida RPglllar M~ting Minllt~!il April 11,.200.5 EPNllI072 REGULAR ITEMS (1) Consideration of request from Florida Re~cling Services. Inc. (FRS) relative to liquidated damages imposed in accordance with Franchise Agreement; request for payment by FRS of liquidated damages ($65,536.85) collected by City. Public Works Director and City Manager recommend to deny relief requested. If City Commission grants relief, the appropriate motion would be to grant relief either as to all liquidated damages collected by the City or for a portion of that total amount ($65,536.85) and authorize the Finance Director to issue the appropriate check to FRS. Upon request of the Applicant's representative, Commissioner Jones moved to continue this item to April 25, 2005. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (2) Consider request for Right-of-Waur Use Agreement to allow the continuation of a portion of a house currently encroaching approximately fifteen (15) feet into the Pomegranite Avenue Right-of-Way at 1801 W. 2nd Street. The fence in the right-of-way shall be in compliance with the City of Sanford Land Development Regulations (LDR) and shall be constructed on the property. Director of Planning and Development Services Russ Gibson reported that as a non-conforming structure, any improvement to the structure subsequent to the Right-of-Way Use Agreement would require a Conditional Use Permit. Commissioner Jones moved to approve the Right-of-Way Use Agreement with three (3) conditions: (A) The existing fence shall be removed from the right-of-way, and if relocated onto the property, it shall be constructed in compliance with the City of Sanford Land Development Regulations (LDR); (B) All right-of-way damaged by vehicular use shall be restored by the owner; and @ In accordance with City requirements and permits, a driveway shall be improved (i.e., asphalt or concrete) from the edge ofpavement ofPomegranite Avenue to the relocated gate/fence that is in line with or attached to the rear comer of the house. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (3) Ado>>t Resolution No. 1999 designating the Month of April, 2005, as Water Conservation Month in the City of Sanford. Recommended by the Utility Director and the City Manager. Vice Mayor Dr. Williams moved to adopt Resolution No. 1999. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye ADD-ON ITEMS (1) AuthQrize vehicle purchase in amount of$13,240.00 for the Building Division. Recommended by the Director of Planning and Development Services and the City Manager. Commissioner Jones moved to authorize vehicle purchase in amount of$13,240.00 for the Building Division. ] ] ] ] ] ~ 1 i ... ,... I II.. ",.... ....... ...- ....... r- t i .... 77 EPNlllon MINUTES City Commission, Sanford, Florida Regular Meeting Minutes April!!. 2005 Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye (2) First reading of Ordinance No. 3931 to annex 59.71 acres between Brooks Street and Pine Way and between Sipes Avenue and Brisson Avenue; 3795 Brisson Avenue; Kenneth W. Wright, Esquire, and Heather Kowalski, Petitioners for F & J Groves, Inc., Brisson Investments, LLC, and George D. Willmer, Trustee, owners. Recommended by the Development Review Team, the Director of Planning and Development Services and the City Manager. Commissioner Jones moved to approve the first reading of Ordinance No. 3931. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye (3) Award Solicitation No. IFB 04/05.7 to Vanguard Modular Building Systems, LLC in amount of $97,629.00 as provided by the First Amendment to the Seminole County/City of Sanford HUD/CDBG Subrecipient Agreement of October 11,2004. Recommended by the Public Works Director and the City Manager. Commissioner Jones moved to award Solicitation No. IFB 04/05-7 to Vanguard Modular Building Systems, LLC in amount of$97,629.00. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye INFORMATION CITY ATTORNEY'S REPORT CITY CLERK'S REPORT CITY MANAGER'S REPORT CITIZEN PARTICIPATION (1) Ken Learned, 103 Mellonville Avenue re: appreciation to City Manager Grieshaber. (2) Thelma Mike, 1710 W. 15th Street re: demolition of property on 13th Street between Mulberry Avenue and Pomegranite Avenue. (3) Oscar Redden, representing Brother's Keepers re: 1301 W. 13th Street. CITY COMMISSIONERS' REPORTS (1) Commissioner Woodruff reported downtown sidewalks blocked by sidewalk cafes and displays where there is no Right- of- Way Use Agreement. (2) Commissioner Woodruff requested a Goal Setting Session as soon as possible. Vice Mayor Dr. Williams moved to recess and continue the meeting to April 18, 2005, at 7:00 P.M. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye MINUTES 78 City Commission, Sanford, Florida R"gJlIAr M....ting Minllt..~ April rt,...2fift5 EPNll10n Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye The City Commission of the City of Sanford, Florida, met in Continued Regular Meeting of Monday, April 11,2005, at 7:00 P.M. on Monday, April 18, 2005, at 7:00 P. M. in the City Commission Chambers, City Hall, 300 North Park A venue, Sanford, Florida. Present: Mayor Linda Kuhn Commissioner Art Woodruff Commissioner Randy Jones Commissioner Kevin Hipes Acting Interim City Manager Lonnie N. Groot City Attorney William L. Colbert City Clerk Janet R. Dougherty Absent: Vice Mayor Dr. Velma Williams Mayor Kuhn reconvened the meeting at 7:00 P. M. to consider hiring Mr. V. Eugene Miller as Interim City Manager. City Attorney Colbert provided copies ofa draft contract with Mr. Miller, and reviewed it. [Vice Mayor Dr. Williams joined the meeting during the review.] Commissioner Hipes moved to approve the contract as presented and hire Mr. Miller as City Manager, with Mr. Miller to begin work the morning of April 19, 2005. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye Acting Interim City Manager Groot reported Lt. Governor Bobby Brantley wants to meet with the City Commission regarding how to continue the acquisition of the Farmer's Market Site for a Public Safety Facility. There being no further business, the meeting was adjourned at 7:19 P.M. ~.~ . ~ ~ Mayor Linda Kuhn Attest: ~.A0ur~ ty Clerk . jd .., J ..... ; r lIIIIIiI ] ] ..... t ! .....