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031306 rm agenda & min. CITY OF SANFORD CITY COMMISSION MEETING ------- ...---------- City Commission Chambers 1st Floor Sanford City Hall 300 North Park Avenue Sanford, Florida MONDAY, MARCH 13, 2006 7PM PERSONS WITH A DISASIUTY, SUCH AS A VISION, HEARlNGORSPEECHIMPAlRMENT,ORPERSONS NEEDING OTHER TYPES OF ASSISTANCE,ANDWIIOWlSH TO ATTEND CITY COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407.330.6803 FOR INFORMATION REGARDING AVAILABLE AIDS AND SERVICES. -------- -----~ PURSUANT TO SECTION 288.010&, FLORIDASTA TUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BYTHE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBUC 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 ]) Meeting call to order by Mayor Kuhn. 2) Invocation by Elder Gradey Roberson, Triumph Church. 3) Pledge of Allegiance. 4) PRESENTATIONS/COMMENDATIONS: None. 5) 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-]84]: A) Community Safety Fair Special Event. B) Great Strides Walk Special Event. C) Water Service to an additional parcel of the Cameron Heights PD. D) Water Service at 1875 E. 4th Street. 6) 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) First reading of Ordinance No. 3977 amending Schedule K of the Land Development Regulations regarding Banner Signs. Ad published March 5, 2006. [Commission Memo 06-173] B) Second reading and adoption of Ordinance No. 3973 annexing .3] acre at ]82] Burrows Lane and ]915 2nd Drive. Ad published March I and 8, 2006. [Commission Memo 06-193] C) Second reading and adoption of Ordinance No. 3974 annexing .18 acre at 2703 Hiawatha Avenue. Ad published March] and 8, 2006. [Commission Memo 06-]92] D) Second reading and adoption of Ordinance No. 3976 amending the PD Master Plan for Gateway Plaza at 101-24] Towne Center Boulevard. Ad published March 1,2006. [Commission Memo 06-]94] E) Second reading and adoption of Ordinance No. 3978 capping Utility Franchise Fees to 25% for certain high users of gas and electricity as an Economic Development Incentive. Ad published March 1,2006. [Commission Memo 06-205] F) Condemnation ofstructure at 1208 Pomegranite Avenue; Henry and Ollie Byrd, owners. [Commission Memo 06-199] G) Condemnation ofstructure at 1006 West 13th Street; Mary Smith, owner. [Commission Memo 06-200] H) Condemnation of structure at 132] Olive Avenue; Luis Salas, owner. [Commission Memo 06-201] I) Condemnation ofstructure at ] 415 West 17th Street; Gus and Margaret Peavy, owners. [Commission Memo 06-202] J) Condemnation ofstructure atl607 West 13th Street; Willie Byrd, owner. [Commission Memo 06-203] K) Condemnation of structure at 1707 Merthie Drive; Clifford and Marilyn Martin, owners. [Commission Memo 06-204] 7) FIRST READING OF ORDINANCES: A) Ordinance No. 3975 rezoning 9.063 acres at 4405 St. Johns Parkway to PD, Planned Development. Continued from meeting of February 27,2006. [Commission Memo 06-195] B) Ordinance No. 3979 amending the City Code regarding Utility Deposits. [Commission Memo 06-]83] 8) OTHER ITEMS: A) Resolntion No. 204] amending the Classification and Pay Plan, adding 6 additional Police Officer positions. [Commission Memo 06-] 74] B) Resolution No. 2042 authorizing a grant application to the Florida Department of Agriculture and Consumer Services for an Urban & Community Forestry 2006 Grant in amount of$15,OOO. [Commission Memo 06-] 79] C) Right-of-Way Use Agreement -- 500 Sanford Avenue. [Commission Memo 06-177] D) Magnolia Square Improvements - conceptual design. (Work Session Item 3) [Commission Memo 06-190] E) Installation of Cedar Creek Office Condominium Sewage Lift Station at I ]20 West 1st Street. [Commission Memo 06-181] F) CPH Engineers Work Order 10 for Engineering Services in amount of $49,995 for utility relocation on CR 46A. [Commission Memo 06-180] G) Purchase a Fire Department trailer to transport special operations equipment; cost is $9,434 (LTRT reimbursed funds). [Commission Memo 06-]86] H) Purchase of replacement Fire Department rescue unit in amount of$180,000. [Commission Memo 06- ]88] I) Award Veteran's Memorial Park Project to Gomez Construction in the amount of$393,428 and approve use of additional $120,000 from recreational impact fees to fund the entire cost of the project. [Commission Memo 06-196] 1) Selection offunding request for Seminole County Community Development Program. [Commission Memo 06-206] 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. II) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. 13) CITY COMMISSIONERS' REPORTS. 14) END THE MEETING. The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, March] 3, 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 Jack T. Bridges City Manager Robert (Sherman) Yehl City Attorney William L. Colbert Deputy City Clerk Cynthia Porter Absent: Commissioner Randy Jones City Clerk Janet R. Dougherty I) Meeting was called to order by Mayor Kuhn at 7:0] PM. 2) Invocation by Elder Gradey Roberson, Triumph Church. 3) Pledge of Allegiance. 4) PRESENTATIONS/COMMENDATIONS: None. 5) CONSENT AGENDA: [Commission Memo 06-] 84]: B) Great Strides Walk Special Event. C) Water Service to an additional parcel of the Cameron Heights PD (Beardall Avenue). D) Water Service at 1875 E. 4th Street. Vice Mayor Williams moved to approve Consent Agenda Items B-D. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye A) Community Safety Fair Special Event. Debra Groseclose, on behalf of the Seminole County Child Abuse Prevention Task Force, requested that the Commission consider being a gold sponsor of the event through in kind services. Mayor Kuhn said that the City has a policy of not waiving special event fees and is not willing to deviate from the policy, however, the Mayor and Commissioners have a small amount of money that they are allowed to allocate each year toward this type of event, and said that she is willing to contribute $413 from her allocated funds. Vice Mayor Williams and Commissioners Woodruff and Bridges agreed to contribute $250 from their allocated funds. Commissioner Woodruff moved to approve the Community Fair Special Event. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye 6) PUBLIC HEARINGS A) First reading of Ordinance No. 3977 amending Schedule K of the Land Development Regulations regarding Banner Signs. Ad published March 5, 2006. [Commission Memo 06-173] Afler discussion, Commissioner Bridges moved to approve the first reading of Ordinance No. 3977 and to incorporate therein administratively through the office of the City Manager the recommendations as made by the Planning & Zoning Commission to be refined and more defined as the Manager can do administratively. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye B) Second reading and adoption of Ordinance No. 3973 annexing .31 acre at 1821 Burrows Lane and ]9]5 2nd Drive. Ad published March I and 8, 2006. [Commission Memo 06-193] Commissioner W oodruffmoved to adopt Ordinance No. 3973. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye C) Second reading and adoption of Ordinance No. 3974 annexing .18 acre at 2703 Hiawatha Avenue. Ad published March I and 8, 2006. [Commission Memo 06-192] Vice Mayor Williams moved to adopt Ordinance No. 3974. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye D) Second reading and adoption of Ordinance No. 3976 amending the PD Master Plan for Gateway Plaza at 10]- 24] Towne Center Boulevard. Ad published March 1,2006. [Commission Memo 06-194] Vice Mayor Williams moved to adopt Ordinance No. 3976, with a change to include additional light fixture treatment to the back of the buildings. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye E) Second reading and adoption of Ordinance No. 3978 capping Utility Franchise Fees to 25% for certain high users of gas and electricity as an Economic Development Incentive. Ad published March I, 2006. [Commission Memo 06-205] Commissioner Woodruff moved to adopt Ordinance No. 3978. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye F) Condemnation of structure at 1208 Pomegranite Avenue; Henry and Ollie Byrd, owners. [Commission Memo 06-199] Afler discussion, Vice Mayor Williams moved to condemn the structure located at 1208 Pomegranite Avenue and allow the property owners sixty (60) days to rehabilitate the property. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye G) Condenmation of structures at 1006 West 13th Street; Mary Smith, owner. [Commismon Memo 06-200] Afler discussion, Commissioner Woodruff moved to condemn the structures located at 1006 W. 13th Street and demolish the property after thirty (30) days, based on the applicant's request. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye CommismonerVVoodruff Aye Commissioner Bridges Aye H) Condemnation of structure at 1321 Olive Avenue; Luis Salas, owner. [Commission Memo 06-201] Commissioner Bridges moved to condemn the structure located at 1321 Olive Avenue and allow the property owner thirty (30) days to repair or demolish. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye I) Condemnation of structure at ]415 West 17th Street; Gus and Margaret Peavy, owners. [Commission Memo 06-202] Commissioner Woodruff moved to condemn the structure located at 14] 5 W. 17th Street and allow the property owners thirty (30) days to repair or demolish. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye J) Condemnation of structure at]607 West 13th Place; Willie Byrd, owner. [Commission Memo 06-203] Afler discussion, Vice Mayor Williams moved to condemn the structure located at 1607 W. ] 3th Place and allow the property owner ninety (90) days to repair it, with progress being made every thirty days. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: MayocKuhn A~ Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye K) Condemnation of structure at ] 707 Merthie Drive; Clifford and Marilyn Martin, owners. [Commission Memo 06-204] Commissioner Woodruff moved to condenm the structure located at 1707 Merthie Drive and allow the property owners thirty (30) days to repair or demolish. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye 7) FIRST READING OF ORDINANCES: A) Ordinance No. 3975 rezoning 9.063 acres at 4405 St. Johns Parkway to PD, Planned Development. Continued from meeting of February 27, 2006. [Commission Memo 06-195] Afler discussion [during which Mayor Kuhn passed the gavel to Vice Mayor Williams and left the meeting], Commissioner Bridges moved to approve the first reading of Ordinance No. 3975. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye B) Ordinance No. 3979 amending the City Code regarding Utility Deposits. [Commission Memo 06-183] [Mayor Kuhn returned to the meeting and Vice Mayor Williams returned the gavel.] Vice Mayor Williams moved to approve the first reading of Ordinance No. 3979. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye 8) OTHER ITEMS: A) Resolution No. 204] amending the Classification and Pay Plan, adding 6 additional Police Officer positions. [Commission Memo 06-174] Commissioner Bridges moved to adopt Resolution No. 204]. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye B) Resolution No. 2042 authorizing a grant application to the Florida Department of Agriculture and Consumer Services for an Urban & Community Forestry 2006 Grant in the amount of$]5,000. [Commission Memo 06- ]79] [Commissioner Bridges left the meeting.] Commissioner Woodruff moved to adopt Resolution No. 2042. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye C) Right-of-Way Use Agreement -- 500 Sanford Avenue. [Commission Memo 06-] 77] Vice Mayor Williams moved to approve the Right of Way Use Agreement for 500 Sanford Avenue. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye [Commissioner Bridges returned to the meeting.] D) Magnolia Square Improvements - conceptual design. (Work Session Item 3) [Commission Memo 06-]90] Vice Mayor Williams moved to approve the conceptual design for Magnolia Square improvements. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye E) Installation of Cedar Creek Office Condominium Sewage Lift Station at I120 West ]st Street. [Commission Memo 06-]8]] Commissioner Bridges moved to authorize the City Manager to implement the recommended action. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye F) CPH Engineers Work Order 10 for Engineering Services in the amount of$49,995 for utility relocation on CR 46A. [Commission Memo 06-180] Vice Mayor Williams moved to approve CPH Engineers Work Order] 0 for Engineering Services in the amount of $49,995 for utility relocation on CR 46A. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye G) Purchase a Fire Department trailer to transport special operations equipment; cost is $9,434 (L TR T reimbursed funds). [Commission Memo 06-186] Vice Mayor Williams moved to approve the purchase of a special operations trailer in the amount of$9,434 for the Fire Department from State LTRT reimbursed funds. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye H) Purchase of replacement Fire Department rescue unit in the amount of$] 80,000. [Commission Memo 06-] 88] Commissioner Woodruff moved to approve the purchase of a rescue vehicle in the amount of $]80,000. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye I) Award Veteran's Memorial Park Project to Gomez Construction in the amount of$393,428 and approve use of additional $]20,000 from recreational impact fees to fund the entire cost of the project. [Commission Memo 06-]96] Commissioner Woodruff moved to award the Veteran's Memorial Park Project to Gomez Construction in the amount of$393,428, and the use ofan additional $]20,000 from recreational impact fees to fund the entire cost of the Project. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye J) Selection offunding request for Seminole County Community Development Program. [Commission Memo 06- 206] Afler lengthy discussion, Commissioner Woodruff moved on the Westside Community Center and the Hopper projects to be submitted to CDBG. Seconded by Vice Mayor Williams. The motion failed by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Nay Commissioner Woodruff moved on the Westside Community Center. Seconded by Vice Mayor Williams. The motion failed by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Nay Commissioner Woodruff moved on the Hopper Center. Seconded by Vice Mayor Williams. The motion failed by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Nay Commissioner Woodruff moved on the Community Improvement Program. The motion failed for lack of a second. Commissioner Woodruff moved to apply for $200,000 for sidewalks in Georgetown and Goldsboro ($100,000 each). Seconded by Vice Mayor Williams. Afler further discussion, the motion was carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. II) CITY MANAGER'S REPORT. ]2) CITIZEN PARTICIPATION. 13) CITY COMMISSIONERS' REPORTS. Commissioner Woodruff asked the Commission if there would be an interest in changing the City Code to give non-profit organizations or churches a little more leeway in the use of temporary signs on their property. Several Commissioners said that they would be willing to discuss it and City Manager Yehl was asked to look into it. In light oflast night's meeting, Commissioner Woodruff asked City Manager Yehl to restate for the record what the Commission is going to do, and to make sure that all are of the same mind as to what is going on with the public safety complex. City Manager Yehl said that he and City Staff have agreed to meet with some neighborhood residents to discuss a number of particular issues and to address some of their concerns. They will look at the requirements for a public safety complex as it relates to the location, size, minimum acreage needed, and at available sites within the parameter area that is needed to have the facility. It was agreed that an impact study would be initiated to look at the effect of the public safety complex on property values, impact on traffic, noise, and any other type of pollution that might be created by the complex. He agreed to work with the residents on those issues and to do so fairly rapidly and to get back with a larger group within thirty days. Commissioner Woodruff wanted it clarified that if another viable option is presented within the next thirty days that the Commission is willing to consider it. Mr. Yehl said that he feels that most options available have been looked at but it is worthwhile to go through the process to show that the decision wasn't made behind closed doors and that other properties were considered and for whatever reasons those properties don't work as well as the current site. It is important to step back and take a look at this with them so the same conclusion can be reached, whether there is another site available or there isn't, and this was our back up plan because the original site is no longer available. They want to see the process and it is important to open up that process so they can see how, what, and why the decisions were made. They may not agree with the decision that was made but can see that the process was open and fair. We need to show that due diligence was done. 14) END THE MEETING. There being no further business, the meeting was adjourned at 10 PM. Mayor Linda Kuhn Attest: City Clerk cp