HomeMy WebLinkAbout082205 rm agn & min
,..
L.
[
,.....
.....
-
.....
[
163
EPN11l072
MINUTES
City Commission, Sanford, Florida City Commi~~ion Aeenda AlIglI~t 22, 2005 :....~_
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, AUGUST 22, 2005
7:00 P.M.
City Commission Chambers
Ist Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
--~-~---------~--------------------------~-------------------------------------
PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS
NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CITY COMMISSION MEETINGS
OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR
MAY CALL 407-330-5603 FOR INFORMATION REGARDING A V AILABLE AIDS AND SERVICES.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
PUBLIC MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH
PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS
IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
This record is not provided by the City of Sanford.
u .........~
AGENDA
1) Meeting call to order by Mayor Kuhn.
2) Invocation by Dr. Hezekiah Ross, Sanford Free Will Holiness Church.
3) Pledge of Allegiance.
4) Minutes of December 27,2005, Regular Meeting continued to January 10,2005, January 10,2005 Work Session
and Regular Meetings, January 24,2005, Work Session and Regular Meetings, and August 8, 2005, Work Session
and Meeting.
5) PRESENTATIONS:
A)
June 2005 Employee of the Month Award; Lynne Vrice, recipient.
6)
CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the
item is removed from the Consent Agenda by a City Commission member, no discussion on individual items will
occur and a single motion will approve all items.
A) Gator Chaser Special Event from 6:00 AM to 5:00 PM Saturday, November 12, 2005, on the RiverWalk
and Ft. Mellon Park: close Seminole Boulevard from Sanford Avenue to San Juan Avenue from 6:00 AM to
5:00 PM on Saturday, November 12, 2005.
B) Duval Birthday Party Special Event from 6:00 PM to 9:00 PM Friday, August 26,2005: close Mulberry
Avenue from 15th Street to 16th Street from 6:00 PM to 9:00 PM on Friday, August 26,2005.
C) Veterans Memorial Park improvements: final engineering, bidding and construction.
D) Interlocal Aereement for Police Services with Sanford Airport Authority for October 1, 2005 through
September 30, 2006.
E) School Resource Officer Aereement with Seminole County Public Schools for July 1, 2005 through June
30, 2006.
7)
PUBLIC HEARINGS: The purpose of a Public Hearing is to receive input regarding the item being considered.
Public Hearings are not intended to be a time for the public to obtain information about the subject matter of the
hearing. (Hearing Sequence: 1st - staff; 2nd - applicant/requesting party; 3rd - public; final- City Commission
motion, discussion and action.)
A)
Second readine and adoption of Ordinance No. 3953 amending and clarifying the functions of the Civil
Service Board. Ad published August 10, 2005.
B)
201 Persimmon Avenue: Appeal of the Denial ofa Conditional Vse ofan outdoor car storage yard. Ad
published August 10,2005; notices sent to Paul Lanza, Applicant/Owner, and 33 surrounding owners on
August 1,2005, property posted August 2,2005.
C) Condemnation of property at 1208 W. 15th Street. Stuart S. Trustee FBO, owner, Case #05-10. Notice
sent to owner July 26,2005; property posted on July 27,2005; legal ad published August 10 and 17,2005.
MINUTES
164
City Commission, Sanford, Florida
City Commission Agenda August 22,-1005
EPNllI072
8) FIRST READING OF ORDINANCES:
A) First of two readinls of Ordinance No. 3956 amending the Special Events Policy.
B)
First of two readines of Ordinance No. 3955 rezoning 2.02 acres at 2529 Old Lake Mary Road from AG,
Agriculture to GC-2, General Commercial; Alan Dean Shoemaker, Applicant for owners Secretariat Stable
and Shoemaker Construction Co., Inc.
]
9) OTHER ITEMS:
A) 2518 French Avenue: Reduction of$I,675.00 Code Enforcement Board FinelLien to $525.00 as
recommended by the Code Enforcement Board~ Damien Van Der Putten, JD Investments, LLC, owner.
B)
Greystone Phase 2 Final Plat for 144 townhouse units ofa 332 town home community at 2215 Oregon
Avenue.
]
C) Third Amendment to Joint Participation Aereement Between City of Sanford. City of Lake Mary.
and Seminole County Providinl for Reclaimed Water/Alternative Water Supply Distribution
Infrastructure. giving the City Manager the ability to negotiate and sign minor changes.
D) Aereement with the St. Johns River Water Mana,ement District for a $480,000 Cost Share (grant
toward construction) for the Mill Creek Reclaimed Water Storage Pond Project.
E) CPH En,ineerin, Amendment #87-84 to provide engineering services for Mill Creek Reclaimed Water
Storage Pond, Filtration and Pumping System at a cost of$135,255, with Sanford's share in amount of
$45,986.70.
F) Renewal of Insurance Premiums (General Liability, Property, Auto and Worker's Comp) for FY 2006 with
the Florida League of Cities.
G) Sanford Housin, Authority - Board Appointments.
H) Resolution No. 2014 authorizing submission ofa FRDAP Grant application for Fort Mellon Park Phase II.
10) CITY ATTORNEY'S REPORT. ]
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION.
14) CITY COMMISSIONERS' REPORTS.
15) END THE MEETING.
]
]
[
r
ii
~
,.....
......
-
.....
"..
f
....
MINUTES
165
City Commission, Sanford, Florida
City Commission Minutes August 22, 2005
E0051444IDW
CITY COMMISSION
CITY OF SANFORD, FLORIDA
PUBLIC HEARING
IN RE:
APPEAL FROM THE DECISION OF THE PLANNING AND ZONING
COMMISSION TO DENY A CONDITIONAL USE REQUEST FOR OUTDOOR
STORAGE OF VEHICLES AT 201 PERSIMMON AVENUE, SANFORD,
FLORIDA.
The City Commission based on the clear and convincing evidence
contained in the record before the Planning and Zoning Commission
(P&Z) on June 16, 2005, makes the following FINDINGS OF FACT,
CONCLUSIONS OF LAW, and enters the following ORDER:
FINDINGS OF FACT
(1) That on July 1, 2004, The Planning and zoning Commission
approved a request for a Conditional Use for Outdoor Storage of
Automobiles at 201 Persimmon Avenue, with seven (7) conditions, one
of which being that the conditional use shall expire if the Site
Plan is not presented within three (3) months for approval, the
Final Development Plan (Engineering Plan) is not completed within
three (3) months following the Site Plan approval and if the
construction is not completed within six (6) months following the
approval of the Final Development (Engineering) Plan.
(2) That the Site Plan was submitted on October 11, 2004, after
the Applicant (Mr. Lanza) had been notified that the Conditional
Use had expired on October 1, 2004.
(3) That at Mr. Lanza's request the Conditional Use was re-
considered by the P & Z on June 16, 2005, at which time the P & Z
denied the requested Conditional Use based on the Applicant not
submitting an executed Development Order; refusal of the Applicant
to comply with any of the previous conditions placed on the site by
MINUTES
166
City Commission, Sanford, Florida
City Commission Minutes August :u...z.005
EOOSl4441DW
the P&Z, and Applicant's use of the property that is more
consistent with a junk yard than outdoor storage of automobiles.
CONCLUSIONS OF LAW
(1) This commission finds that the Applicant, Mr. Lanza, occupied
]
and began using the site prior to obtaining approval in 2004 and
applied for approval after being noticed by Code Enforcement. The
on-going use of the site as well as the plans and information
submitted by Mr. Lanza demonstrates that the Applicant does not
intend to use the property in accordance with the minimum design
]
requirements of Sanford's Land Development Regulations (LDR).
Therefore, the Applicant has not met the standards that the LDR
requires the Planning and Zoning Commission and City Commission to
consider for Conditional Use requests.
ORDER
THEREFORE, IT IS ORDERED that the Appellant/Applicant's
request for the conditional use is denied and the decision of the
P&Z of June 16, 2005, is upheld.
DONE AND ORDERED this 22nd day of August, 2005.
~L-J-~~
ayor Linda Kuhn
Attest:
]
9iPdI1<. .~~
City Clerk
I HEREBY CERTIFY that a true copy of the foregoing has been
furnished by U.S. Mail to Paul A~anza, 2321 E. New York Avenue,
DeLand, Florida 32724, this 3/...- day of August, 2005.
J
/)oo~
~ ~lerk "" ..
]
...
L.
[
......
....
,......
.......
,..
l
167
EPNlIlon
MINUTES
City Commission, Sanford, Florida City Commission Minutes August 22, 2005
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, August 22, 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
City Manager V. Eugene Miller
City Attorney William L. Colbert
Deputy City Clerk Cynthia Porter
Absent:
Commissioner Kevin Hipes (excused)
City Clerk Janet R. Dougherty
1)
Call to order by Mayor Kuhn at 7:08 P.M.
Mayor Kuhn announced that Commissioner Hipes' absence tonight is excused.
2) Invocation by Dr. Hezekiah Ross, Sanford Free Will Holiness Church.
3) Pledge of Allegiance.
4) Minutes of December 27,2004, Regular Meeting continued to January 10, 2005, January 10,2005 Work Session and
Regular Meetings, January 24, 2005, Work Session and Regular Meetings, and August 8, 2005, Work Session and
Meeting.
Commissioner Jones moved to approve the minutes. Seconded by Commissioner Woodruff and carried by vote
of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
9) OTHER ITEMS:
Mayor Kuhn announced that Staff requested that items C), D), and E), be tabled to the next meeting.
C) Third Amendment to Joint Participation Aareement Between City of Sanford. City of Lake Mary. and
Seminole County Providing for Reclaimed Water/Alternative Water Supply Distribution Infrastructure.
giving the City Manager the ability to negotiate and sign minor changes.
D) Agreement with the St. Johns River Water Management District for a $480,000 Cost Share (grant toward
construction) for the Mill Creek Reclaimed Water Storage Pond Project.
E) CPH En&ineering Amendment #87-84 to provide engineering services for Mill Creek Reclaimed Water Storage
Pond, Filtration and Pumping System at a cost of$135,255, with Sanford's share in the amount of$45,986.70.
Commissioner Jones moved to table the items to next meeting. 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
Aye
Aye
Aye
Aye
5)
PRESENTATION:
A) June 2005 Employee of the Month Award; Lynne Vrice, recipient.
Mayor Kuhn presented the award to Lynne Vrice.
MINUTES
168
City Commission, Sanford, Florida
City Cnmmi~~inn MinlltH Augnst22t 2005
EPN1110n
6) CONSENT AGENDA:
A) Gator Chaser Special Event from 6:00 A.M. to 5:00 P.M. Saturday, November 12,2005, on the RiverWalk
and Ft. Mellon Park: close Seminole Boulevard from Sanford Avenue to San Juan Avenue from 6:00 A.M. to
5:00 P.M. on Saturday, November 12, 2005.
B)
Duval Birthday Party Special Event from 6:00 P.M. to 9:00 P.M. Friday, August 26, 2005: close Mulberry
Avenue from 15th Street to 16th Street from 6:00 P.M. to 9:00 P.M. on Friday, August 26, 2005.
C) Veterans Memorial Park im,provements: final engineering, bidding and construction.
D)
Interlocal Agreement for Police Services with Sanford Airport Authority for October I, 2005 through
September 30, 2006.
E) School Resource Officer Agreement with Seminole County Public Schools for July I, 2005 through June 30,
2006.
Vice Mayor Dr. Williams moved to approve the Consent Agenda. 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
7) PUBLIC HEARINGS:
A) Second reading and adoption of Ordinance No. 3953 amending and clarifying the functions of the Civil
Service Board. Ad published August 10,2005.
Commissioner Jones moved to adopt Ordinance No. 3953. Seconded by Commissioner Woodruffand carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
B) 201 Persimmon Avenue: Appeal of the Denial of a Conditional Use of an outdoor car storage yard. Ad
published August 10,2005; notice sent to Paul Lanza, Applicant/Owner, and 33 surrounding owners on August
1,2005, property posted August 2, 2005.
After lengthy discussion, Vice Mayor Dr. Williams moved to approve the recommendation of the City Manager
and the Planning and Development Services Director to affirm the decision of the Planning and Zoning Commission denying the
Conditional Use request. Mayor Kuhn passed the gavel to Vice Mayor Dr. Williams and seconded the motion. Vice Mayor Dr.
Williams returned the gavel to Mayor Kuhn. After further discussion, the motion was carried by vote of the Commission as
follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
C) Condemnation of property at 1208 W. 15th Street Stuart S. Trustee FBO, owner, Case #05-10. Notice sent
to owner July 26,2005; property posted on July 27,2005; legal ad published August 10 and 17,2005.
]
]
]
J
]
[
,...
I
~
......
.......
......
--
r-
I
[
....
169
EPNIIl072
MINUTES
City Commission, Sanford, Florida
ommission Minutes Au ust 22 2005
Commissioner Woodruff moved to condemn the property at 1208 W. 15th Street and allow thirty (30) days to
repair or demolish the structure. Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
8) FIRST READING OF ORDINANCES:
A) First of two readings of Ordinance No. 3956 amending the Special Events Policy.
After discussion, Commissioner Woodruff moved to table this item for two weeks. 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
B) First of two readings of Ordinance No. 3955 rezoning 2.02 acres at 2529 Old Lake Mary Road from AG,
Agriculture to GC-2, General Commercial; Alan Dean Shoemaker, Applicant for owners Secretariat Stable and
Shoemaker Construction Co., Inc.
Commissioner Jones moved to approve the first reading of Ordinance No. 3955. Seconded by Commissioner
Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Aye
Aye
Aye
Aye
9)
OTHER ITEMS:
A) 2518 French Avenue: Reduction of$I,675.00 Code Enforcement Board Fine/Lien to $525.00 as recommended
by the Code Enforcement Board; Damien Van Der Putten, JD Investments, LLC, owner.
Commissioner Jones moved to reduce the lien to $525.00. 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
B) Greystone Phase 2 Final Plat for 144 townhouse units of a 332 town home community at 2215 Oregon
Avenue.
Commissioner Jones moved to approve the Greystone Phase 2 Final Plat. 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
F)
Renewal of Insurance Premiums (General Liability, Property, Auto and Worker's Comp) for FY 2006 with
the Florida League of Cities.
After discussion, Commissioner Woodruff moved to approve renewal of insurance premiums with the Florida
,
o
(J
MINUTES
170
City Commission, Sanford, Florida
City Commission Minutes August 22...2.D05
EPNlll072
League of Cities. 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
G)
Sanford Housing Authority - Board Appointments.
]
On Mayor Kuhn's recommendation, Commissioner Jones moved to approve Bernard Mitchell's appointment
to the Sanford Housing Authority Board. 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
Aye
Aye
Aye
Aye
]
On Mayor Kuhn's recommendation, Commissioner Woodruff moved to designate the terms of office as
follows: Oscar Redden, one year term, and appointment as the first year chair; Sylvester Chang, two year term;
Barbara Green, three year term; Leo Girard, four year term; and Bernard Mitchell, four year term. 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
H) Resolution No. 2014 authorizing submission of a FRDAP Grant application for Fort Mellon Park Phase II.
Commissioner Woodruff moved to adopt Resolution No. 2014. 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
10) CITY ATTORNEY'S REPORT.
II) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
City Manager Selection process. Mr. Miller said there are six candidates for the City Manager position, two
of which are from Florida and four from out of State. He suggested bringing the candidates to Sanford for on site interviews.
On September 7, the candidates will tour the City. On September 8, one on one interviews will be held with each Commissioner
individually, and on September 9, a public meeting will be held where each candidate will be interviewed by the Commission
]
co llectively.
Commissioner Jones moved to sanction the final stages of the City Manager Selection process, as outlined by
City Manager Miller. 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
Aye
Aye
Aye
Aye
]
North Shore Revetment project. Commissioner Jones moved to rescind the North Shore Revetment Tri Party
Agreement. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows:
(
,....
...
.......
.........
,......
.......
[
171
EPNlIIon
MINUTES
City Commission, Sanford, Florida City Commission Minutes Au~st 22, 2005
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Budget review meeting. The City Commission agreed to meet in a budget review meeting on Tuesday,
August 30, 2005, at 3:00 P.M.
13)
14)
CITIZEN P ARTICIP A TION.
CITY COMMISSIONERS' REPORTS.
Commissioner Woodruff requested, and the Commission agreed, that an outline for the process regarding design
standards be provided in thirty days.
15) END THE MEETING.
There being no further business, the meeting was adjourned at 9:43 P.M.
~..~.
Mayor da Kuhn
~
Attest:
9!.::H If 'j.OIuj~:f
City Clerk
cp