021306 rm agenda & min.
CITY OF SANFORD
CITY COMMISSION MEETING
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City Commission Chambers
1st Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
MONDAY, FEBRUARY 13, 2006
7PM
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 ORCOMMIITEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR
MAY CALL 407.330.5603 FOR INFORMA nON REGARDING A V AILABLE AIDS AND SERVICES.
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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 VERBATIM RECORD OF THE PROCEEDINGS
IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON wmCH THE APPEAL IS TO BE BASED.
This record is not provided by the City of Sanford.
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AGENDA
I) Meeting call to order by Mayor Kuhn.
2) Invocation by Pastor Dora Richardson, House of Refuge Ministries, Inc.
3) Pledge of Allegiance.
4) Minutes of January 23, 2006, Work Session and Regular Meetings.
5) PRESENTA TIONS/COMMENDA TIONS:
None.
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.
[Commission Memo 06-]43]:
A) Water Service at 438 Palm Drive.
B) Sale <auction) of surplus Fire Department equipment.
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: ]st - staff; 2nd - applicant/requesting party; 3rd - public; final- City Commission
motion, discussion and action.)
A) Second reading and adoption of Ordinance No. 3969 to annex.44 acre at 26]2 and 26]6 Myrtle Avenue.
Ad published February] and 8, 2006. [Commission Memo 06-148]
B) Second reading and adoption of Ordinance No. 3970 to rezone 4.308 acres from GC-2 to PD at 3310 W.
]" Street for Hudson Furniture. Ad published February 1,2006. [Commission Memo 06-149]
C) Second reading and adoption of Ordinance No. 3971 to rezone 0.427 acres from SR-] to GC-2 at 2809
Palmetto Avenue. Ad published February ], 2006. [Commission Memo 06-]50]
8) FIRST READING OF ORDINANCES:
A) Ordinance No. 3972 providing for recodification ofthe City Code. [Commission Memo 06-]47]
9) OTHER ITEMS:
A) Appeal of the Historic Preservation Board's denial of a Certificate of Appropriateness to install vinyl
windows at 618 Elm Avenue. [Commission Memo 06-135]
B) Welcome Center Lease Agreement and Funding Agreement at a cost of $96,490 over the term of the lease.
[Commission Memo 06-132]
C) Information Technology Strategic Plan - Contract for services with Florida League of Cities at a cost not
to exceed $67,800 for labor plus $767 for expenses. [Commission Memo 06-133]
D) Preliminary Subdivision Plan for St. John's Business Park at 3505 St. Johns Parkway. [Commission
Memo 06-137]
E) Transfer ownership of right-of-way for Upsala Road improvements to Seminole County. [Commission
Memo 06- 136]
F) Change Order to Wharton-Smith contract for Sludge Management System Improvements at the
Sanford North Water Reclamation Facility Primary Treatment Plant at a cost ofS2,460,000.
[Commission Memo 06-138]
G) Resolution No. 2036 authorizing the City Manager to execute the Utility Work Agreement for utility
relocation work on Highway 17-92 near 1-4 at an estimated cost of$298,695. [Commission Memo 06-
134]
H) Resolution No. 2037 authorizing signatures on bank accounts with Wachovia Bank and the State
Board of Administration. [Commission Memo 06-106]
I) Agreement for credit/debit card processing services with NOVA Information Systems thru Wachovia
Bank at an estimated cost of$5,795 plus annual fees of 1.8% of charges. [Commission Memo 06-130]
J) Renewal of contract with Core Construction Group, Inc. for concrete services. [Commission Memo
06- ]29]
K) Resolution No. 2038 adopting the Traffic Operations Guidelines and Seminole County's "Traffic
Calming Program" Handbook. (Work Session Item #2) [Commission Memo 06-]28]
L) Resolution No. 2039 amending the Classification and Pay Plan, adding the position of Research and
Budget Director. [Commission Memo 06-]45]
]0) CITY ATTORNEY'S REPORT.
II) CITY CLERK'S REPORT.
]2) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION.
14) CITY COMMISSIONERS' REPORTS.
]5) END THE MEETING.
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 13, 2006,
at 7 PM, 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 Jack T. Bridges
City Manager Robert (Sherman) YehI
Assistant City Attorney Lonnie Groot
Deputy City Clerk Cynthia Porter
Absent:
City Clerk Janet R. Dougherty
]) Meeting was called to order by Mayor Kuhn at 7:01 PM.
2) Invocation by Pastor Dora Richardson, House of Refuge Ministries, Inc.
3) Pledge of Allegiance.
4) Minutes ofJanuary 23,2006, Work Session and Regular Meeting.
Commissioner Woodruff moved to approve the Minutes. 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 Bridges Aye
5) PRESENTATIONS/COMMENDATIONS:
None.
6)
CONSENT AGENDA:
[Commission Memo 06-]43]:
A) Water Service at 438 Palm Drive.
B) Sale (auction) ofsurplus Fire Department equipment.
Commissioner Jones moved to approve the Consent Agenda. Seconded by Commismoner 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 Bridges Aye
7) PUBLIC HEARINGS:
A) Second reading and adoption of Ordinance No. 3969 to annex .44 acre at 26]2 and 26]6 Myrtle Avenue. Ad
published February I and 8, 2006. [Commission Memo 06-]48]
Commissioner Woodruff moved to adopt Ordinance No. 3969. Seconded by Commissioner Bridges and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
B) Second reading and adoption of Ordinance No. 3970 to rezone 4.308 acres from GC-2 to PD at 33]0 W. ]"
Street for Hudson Furniture. Ad published February ], 2006. [Commission Memo 06-]49]
Commissioner Jones moved to adopt Ordinance No. 3970. Seconded by Commissioner Woodruff and carried
CITY OF SANFORD DENIAL DEVELOPMENT
ORDER RELATING TO 618 ELM AVENUE
On February 13, 2006, the City of Sanford issued this Denial Development
Order relating to and touching and concerning the following described property: 618
Elm Avenue.
FINDINGS OF FACT
Property Owners/Applicants/Appellants: Harry and Marta Pringle.
Project: The Appellants submitted an appeal of the City's Historic Preservation Board's
(HPB) decision to deny an after-the-fact application for a Certificate of Appropriateness
(COA) to install vinyl windows at 618 Elm Avenue.
Requested Development Approval: The Appellants requested that the City
Commission overturn the decision of the HPB.
Additional Facts: The Appellants own a 1923 prairie school-influenced vernacular
house at 618 Elm Avenue in the City's residential Historic District. The house
contributed to the National Register designation for the Historic District. The Appellants
installed 14 vinyl windows in the house without applying for or being issued a building
permit or a COA as required by law. On October 26, 2005, the Community
Improvement Department sent a letter to the Appellants informing them that a building
permit and a COA were required for the vinyl windows that had been improperly
installed. In response to the letter, the Appellants submitted an application for a COA
for the installation of vinyl windows. On December 8, 2005, the HPB denied the
application based on the fact that vinyl windows were inconsistent with the style and
period of the building. The HPB also found that the Appellants submitted no information
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on the condition of the original windows as required by Schedule S of the City Code. In
addition, based on the photos submitted by the Appellants, the new vinyl windows do
not have the same profile as the original wooden windows. The vinyl window frames
appear larger and flatter than the original frames and do not support the granting of a
COA. The Appellants asserted that hurricane damage resulted in the inability to
restore windows to an appropriate condition. It is concluded that the Appellants could
have installed appropriate windows in a timely manner had the windows not been
allowed to deteriorate with rotted wood and termite damage.
CONCLUSIONS OF LAW
At least two regulations in Schedule S, Historic Preservation, support the
decision of the HPB as follows:
(1). Windows, frames, glass, muntins, mullions, sills, lintels and pediments in good
condition or repairable and in character with the style and period of the building shall
be retained.
(2). If windows or window details are determined to be irreparable, they may be
replaced provided that on the primary facades of contributing buildings, replacement
windows shall match the existing original windows in size, configuration, material,
design and placement. A window survey and specifications for each window must be
submitted with the COA application.
Additionally, the Development Approval sought is not consistent with the City of
Sanford Comprehensive Plan and development of the property as proposed would not
be consistent with and in compliance to applicable land development regulations and
all other applicable regulations and ordinances as set forth in the Code of Ordinances
of the City of Sanford.
ORDER
NOW, THEREFORE,IT IS ORDERED THAT:
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(1). The aforementioned application for development approval is DENIED.
(2). This Denial Development Order touches and concerns the aforedescribed
property.
(3). The City Commission hereby affirms the HPB's denial of a COA to install
vinyl windows at 618 Elm Avenue.
(4). This Denial Development Order touches and concerns the property located
at 618 Elm Avenue.
Done and Ordered on the date first written above.
As approved and authorized for execution by
the City Commission of the City of Sanford
at its regular meeting of February 13, 2006.
CITY COMMISSION OF THE CITY OF
SANFORD
ATTEST:
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NET DOUGHERTY, ITY CL K
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by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
C) Second reading and adoption of Ordinance No. 3971 to rezone 0.427 acres from SR-] to GC-2 at 2809
Palmetto Avenue. Ad published February ], 2006. [Commission Memo 06-]50]
Commissioner Bridges moved to adopt Ordinance No. 3971. 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 Bridges Aye
8) FIRST READING OF ORDINANCES:
A) Ordinance No. 3972 providing for recodification ofthe City Code. [Commission Memo 06-147]
Afler brief discussion, Commissioner Bridges moved to approve the first reading of Ordinance No. 3972.
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 Bridges Aye
9) OTHER ITEMS:
A) Appeal of the Historic Preservation Board's denial of a Certificate of Appropriateness to install vinyl
windows at 6]8 Elm Avenue. [Commission Memo 06-135]
Afler lengthy discussion, Commissioner Woodruff moved to uphold the Historic Preservation Board's denial
of a Certificate of Appropriateness to install vinyl windows at 6] 8 Elm Avenue. 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 Bridges Aye
B) Welcome Center Lease Agreement and Funding Agreement at a cost of $96,490 over the term of the lease.
[Commission Memo 06-132]
Afler lengthy discussion, Vice Mayor Dr. Williams moved to approve, with modifications, the lease and funding
agreement with Historic Sanford Welcome Center, Inc. and the City of Sanford, and to authorize the Mayor to execute said
agreements. 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 Bridges Aye
There was a consensus ofthe Commission that the City Attorney do a title search for the old post office property
on First Street.
C) Information Technology Strategic Plan - Contract for services with Florida League of Cities at a cost not to
exceed $67,800 for labor plus $767 for expenses. [Commission Memo 06-133]
Commissioner Woodruff moved to authorize the Mayor to execute a contract with Florida League of Cities in
the amount of $67,800 plus related expenses, with funding to be provided from the City's General Reserve Fund. 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 Bridges Aye
D) Preliminary Subdivision Plan for St. John's Business Park at 3505 St. Johns Parkway. [Commission Memo
06-13 7]
Commissioner Jones moved to approve the Preliminary Subdivision Plan for St. Johns Business Park, subject
to the recommendations of the Planning and Zoning Commission. 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 Bridges Aye
E) Transfer ownership of right-of-way for Upsala Road improvements to Seminole County. [Commission Memo
06-136]
Commissioner Woodruff moved to authorize the Mayor to execute the Special Warranty Deed transferring
ownership of the right-of-way. 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 Bridges Aye
F) Change Order to Wharton-Smith contract for Sludge Management System Improvements at the Sanford
North Water Reclamation Facility Primary Treatment Plant at a cost of$2,460,000. [Commission Memo
06-138]
This item was removed from the Agenda.
G) Resolution No. 2036 authorizing the City Manager to execute the Utility Work Agreement for utility
relocation work on Highway 17-92 near 1-4 at an estimated cost of$298,695. [Commission Memo 06-134]
[Commissioner Bridges left the meeting.] Commissioner Jones moved to adopt Resolution No. 2036. 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
H) Resolution No. 2037 authorizing signatures on bank accounts with Wachovia Bank and the State Board
of Administration. [Commission Memo 06-106]
Commissioner Woodruff moved to adopt Resolution No. 2037. 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 Bridges returned to the meeting.]
I) Agreement for credit/debit card processing services with NOVA Information Systems thru Wachovia Bank
at an estimated cost of $5,795 plus annual fees of 1.8% of charges. [Commission Memo 06-130]
Commissioner Jones moved to authorize the City Manager to execute the agreement with NOVA Information
Systems and Wachovia for credit/debit card processing services. 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 Bridges Aye
1) Renewal of contract with Core Construction Group, Inc. for concrete services. [Commission Memo 06-
129]
This item was removed from the Agenda.
K) Resolution No. 2038 adopting the Traffic Operations Guidelines and Seminole County's "Traffic Calming
Program" Handbook. (Work Session Item #2) [Commission Memo 06-]28]
Commissioner Jones moved to adopt Resolution No. 2038, with the proposed amendment that Staffwill develop
specific criteria to be used to evaluate pedestrian facilities and schools. 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 Bridges Aye
L) Resolution No. 2039 amending the Classification and Pay Plan, adding the position of Research and Budget
Director. [Commission Memo 06-145]
Commissioner Jones moved to adopt Resolution No. 2039. 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 Bridges Aye
10) CITY ATTORNEY'S REPORT.
City Attorney Groot stated for the record that in his opinion there was no voting conflict of interest regarding
the previously considered appeal.
II) CITY CLERK'S REPORT.
]2) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION.
Hector Chevere, ]29 Edgewater Circle, expressed concern regarding a basketball net his neighbor positioned
at the right-of-way next to his property, and damage to his landscape caused by those playing basketball. Over the last six
months he has reported the problem several times but nothing has been done to correct it. He requested help from the
Commission.
City Manager YehI said that Staffwill follow up on the request and he will provide a report in the Friday memo.
]4) CITY COMMISSIONERS' REPORTS.
]5) END THE MEETING.
There being no further business, the meeting was adjourned at 8:56 PM.
Mayor Linda Kuhn
Attest:
City Clerk
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