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022706 rm agenda & min. CITY OF SANFORD CITY COMMISSION MEETING -------.......-.-..-...... --- City Commission Chambers ] st Floor Sanford City Hall 300 North Park Avenue Sanford, Florida MONDAY, FEBRUARY 27,2006 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 OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, ORMA Y CALL 407.330.5603 FOR INFORMATION REGARDING AVAILABLE AIDS AND SERVICES. PURSUANT TO SECTION 286.0] 05, 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 WHICH THE APPEAL IS TO BE BASED. This record is not provided by the City of Sanford. ---.......-- AGENDA I) Meeting call to order by Mayor Kuhn. 2) Invocation. 3) Pledge of Allegiance. 4) Minutes of February 13,2006, Work Session and Regular Meetings, and February 21,2006 Special Work Session. 5) PRESENTATIONS/COMMENDATIONS: A) Certificate of Completion to Commissioner Art Woodruff for completion of the Advanced Institute for Elected Municipal Officials. 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 06-148]: A) Paralyzed Veterans of America Bass Tournament Special Event. B) Memorial Day Special Event. C) Veterans Day Special Event. D) $64,000 Utility Department budget transfer to fund permit compliance monitoring and purchase the monitoring equipment. E) $] ]2,704 Public Works semi tractor and level deck trailer purchase. F) InterIocal Agreement with Seminole County for CR46A Landscape and Irrigation enhancement and maintenance. G) 24th Place Sewer Line Replacement bid award to Nile Underground Technologies, Inc. in amount of $384,333.50. H) Work Order No.7 -- CPH Engineers for Evaluation of Additional Reclaimed Water Disposal Sites; Work Order cost is $345,000 expended over two years and reimbursed by the Florida Fish and Wildlife Conservation Commission. I) $2,500 donation from Law Enforcement Trust Fund to Free to Be Me, Inc. 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 reading and adoption of Ordinance No. 3972 providing for recodification of the City Code. Ad published February 15,2006. [Commission Memo 06-165] 8) FIRST READING OF ORDINANCES: A) Ordinance No. 3973 annexing .3] acre at ]82] Burrows Lane and 1915 2nd Drive. [Commission Memo 06- ]50] B) Ordinance No. 3974 annexing .]8 acre at 2703 Hiawatha Avenue. [Commission Memo 06-15]] C) Ordinance No. 3975 rezoning 9.063 acres at 4405 St. Johns Parkway to PD, Planned Development. [Commission Memo 06-]54] D) Ordinance No. 3976 amending the PD Master Plan for Gateway Plaza at 10]-241 Towne Center Boulevard. [Commission Memo 06-] 55] E) Ordinance No. 3978 capping Utility Franchise Fees to ] 0% for certain high users of gas and electricity as an Economic Development Incentive. [Commission Memo 06-] 72] 9) OTHER ITEMS: A) Department of Justice, Bureau of Justice Assistance, Justice Assistance Grant in amount of$23,]64 with ]0"10 city match for purchasing technology and equipment to perform crime analysis. [Commission Memo 06-]46] B) Preliminary Subdivision Plan for Riverview Townhomes at 2701 Narcissus Avenue. [Commission Memo 06-156] C) Resolution No. 2040 endorsing the City/County Advisory Committee's proposed Consolidated Mosquito Control Program. [Commission Memo 06-]66] D) Purchase of Rescue 38. [Commission Memo 06-]68] E) Goldsboro Community Resource Building - fire and security system installation. [Commission Memo 06- 164] F) ] 19 Magnolia Avenue - request to reconsider lien. 10) CITY ATTORNEY'S REPORT. ]]) CITY CLERK'S REPORT. ]2) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. ]4) CITY COMMISSIONERS' REPORTS. ]5) END THE PUBLIC PORTION OF THE MEETING. 16) Begin Attorney - Client Private Meeting. Requested by the City Attorney to seek advice from the City Commission concerning ongoing litigation to which the City is a party. Persons Attending: City Commission City Manager Robert YehI Lonnie Groot Kenneth W. McIntosh Certified Court Reporter ] 7) END THE PRIVATE MEETING. The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 27,2006, 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 I) Meeting was called to order by Mayor Kuhn at 7:01 PM. 2) Invocation by Mr. Larry Leonard. 3) Pledge of Allegiance. 4) Minutes of February 13, 2006, Work Session and Regular Meetings, and February 2],2006 Special Work Session. Commissioner Jones moved to approve the Minutes. Seconded by Vice Mayor 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 ANNOUNCEMENT Assistant City Attorney Lonnie Groot requested that at the conclusion of tonight's Regular meeting, the Mayor and City Commission convene in a strategy settlement session to discuss the case ofJett Air Group, Inc., a Florida Corporation, versus the City of Sanford, et al. The meeting will be attended by the Mayor, City Commission, City Manager, Assistant City Attorneys Lonnie Groot and Ken McIntosh, and a certified court reporter. 5) PRESENTA TIONS/COMMENDA TIONS: A) Certificate of Completion to Commissioner Art Woodrufffor completion of the Advanced Institute for Elected Municipal Officials. 6) CONSENT AGENDA: [Commission Memo 06-148]: A) Paralyzed Veterans of America Bass Tournament Special Event. B) Memorial Day Special Event. C) Veterans Day Special Event. D) $64,000 Utility Department budget transfer to fund permit compliance monitoring and purchase the monitoring equipment. E) $] 12,704 Public Works semi tractor and level deck trailer purchase. F) Interlocal Agreement with Seminole County for CR46A Landscape and Irrigation enhancement and maintenance. G) 24th Place Sewer Line Replacement bid award to Nile Underground Technologies, Inc. in amount of $384,333.50. H) Work Order No.7 -- CPH Engineers for Evaluation of Additional Reclaimed Water Disposal Sites; Work Order cost is $345,000 expended over two years and reimbursed by the Florida Fish and Wildlife Conservation Commission. Commissioner Jones moved to approve Consent Agenda items A-H. 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 I) $2,500 donation from Law Enforcement Trust Fund to Free to Be Me, Inc. Afler discussion, Commismoner Woodruff moved to approve Consent Agenda item I. 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 7) PUBLIC HEARINGS: A) Second reading and adoption of Ordinance No. 3972 providing for recodification of the City Code. Ad published February 15, 2006. [Commission Memo 06-165] Commissioner Jones moved to adopt Ordinance No. 3972. Seconded by Vice Mayor 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 8) FIRST READING OF ORDINANCES: A) Ordinance No. 3973 annexing.31 acre at ]821 Burrows Lane and 19]5 2nd Drive. [Commission Memo 06- 150] Commismoner Jones moved to approve the first reading of Ordinance No. 3973. 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 B) Ordinance No. 3974 annexing.]8 acre at 2703 Hiawatha Avenue. [Commission Memo 06-151] Commissioner Jones moved to approve the first reading of Ordinance No. 3974. 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 C) Ordinance No. 3975 rezoning 9.063 acres at 4405 St. Johns Parkway to PD, Planned Development. [Commission Memo 06-154] Afler Kathleen Consoli, PuIte Homes, distributed and discussed a letter of concern/comments regarding the Fountains Project rezone, Vice Mayor Williams moved to continue the first reading of Ordinance No. 3975 to the next meeting. 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) Ordinance No. 3976 amending the PD Master Plan for Gateway Plaza at 10] -241 Towne Center Boulevard. [Commismon Memo 06-155] Afler discussion, Vice Mayor Williams moved to continue the first reading of Ordinance No. 3976 to the next meeting in order to have the opportunity to view more detailed depictions of the front and back of the buildings. 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 Robin Dredge, Shutts & Bowen, Counsel for the Developer, asked for reconsideration of the continuation of the first reading. Afler receiving affirmation from Julie Augustine, authorized representative of Woolbright Development, owner of Gateway plaza, that she would abandon, waive, and forego any legal challenge and the ordinance would be back on first reading if the Commission didn't agree to the drawings presented at the next meeting, Commissioner Bridges moved for reconsideration of the motion to continue. 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 The Commission next reconsidered the motion to continue and it was denied by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye Commissioner Bridges moved to approve the first reading of Ordinance No. 3976, subject to the motion for reconsideration that was made and approved pursuant to discussion by the 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) Ordinance No. 3978 capping Utility Franchise Fees to 10% for certain high users of gas and electricity as an Economic Development Incentive. [Commission Memo 06-] 72] Afler discussion, Commissioner Woodruff moved to approve the first reading of Ordinance No. 3978, with the change to 75% relief and expiration after ten years. Seconded by Vice Mayor 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) Department ofJustice, Bureau ofJustice Assistance, Justice Assistance Grant in amount of$23,164 with] 0"10 city match for purchasing technology and equipment to perform crime analysis. [Commission Memo 06- 146] Vice Mayor Williams moved to approve the request to review the FY 2006 Department of Justice, Bureau of Justice Assistance, Justice Assistance Grant application. 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 B) Preliminary Subdivision Plan for Riverview Townhomes at 270] Narcissus Avenue. [Commission Memo 06-]56] Afler discussion, Commissioner Bridges moved to approve the Preliminary Subdivision Plan for Riverview Townhomes at 2701 Narcissus Avenue, subject to the conditions of the Planning and Zoning Commission. Seconded by Vice Mayor 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 C) Resolution No. 2040 endorsing the City/County Advisory Committee's proposed Consolidated Mosquito Control Program. [Commission Memo 06-166] Afler discussion, Commissioner Woodruff moved to adopt Resolution No. 2040. 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) Purchase of Rescue 38. [Commission Memo 06-]68] Commissioner Bridges moved to approve the purchase of a rescue vehicle in the amount of$185,000 to be paid from Fire Safety Impact Fees. 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) Goldsboro Community Resource Building - fire and security system installation. [Commission Memo 06- 164] Afler discussion, Commissioner Woodruff moved to authorize the purchase and installation ofa security and fire alarm system at the Goldsboro Community Resource Building using District 2 Neighborhood Improvement Funds. 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 Afler further discussion, the Commission directed City Manager Yehl to determine the funding source for the annual utility and monitoring costs for the system. F) 119 Magnolia Avenue - request to reconsider lien. $25,000, and that it be paid to the City on or before May 15, and that failure of the payment results in the lien not being Afler discussion, Commissioner Bridges moved to reconsider the request to reduce the lien and to reduce it to satisfied. Seconded by Commissioner Woodruff After further discussion, Commissioner Woodruff withdrew his second. The motion failed for lack of a second. 10) CITY ATTORNEY'S REPORT. I]) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. [Commissioner Bridges briefly left the meeting and returned during citizen participation.] 14) CITY COMMISSIONERS' REPORTS. of Commerce, with the understanding that the City receives an audit report from the Chamber when it is presented to them. Vice Mayor Williams moved to release the balance offunds ($17,500) to the Sanford/Seminole County Chamber 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 ]5) END THE PUBLIC PORTION OF THE MEETING. There being no further business, the Mayor adjourned the public portion of the meeting at 10: II PM and announced that the Attorney/Client private meeting would convene in eight minutes. Attest: Mayor Linda Kuhn City Clerk cp