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091106 rm agenda & min. CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1st Floor Sanford City Hall 300 North Park Avenue Sanford, Florida MONDAY, SEPTEMBER 11, 2006 7 PM ~~~~~~~~~~~~~~~~~~~~~~~-~-~~~---~----------------------~---------- 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 AVAIlABLE 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 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 Time (approximate) 7:00 1) 2) 3) 4) 7:03 5) 7:03 6) 7:08 7) Meeting call to order by Mayor Kuhn. Invocation by Bishop Lewis Knight, St. Johns Coalition Ministries and Sanford Police Department Chaplain. Pledge of Allegiance. Minutes. None. PRESENTATIONS/COMMENDATIONS: None PUBLIC HEARING: FY 2007 TENTATIVE BUDGET AND PROPOSED MILLAGE RATE. Publicized via tax (TRIM) notices mailed in August by the Seminole County Property Appraiser. [Commission Memo 06-434] A) Adoption of the tentative millage rate. B) Adoption of the tentative budget. 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 06-409] A) Agreement for Dispatching Services with Seminole County Sheriff's Office - 7:10 8) 7:45 9) FY 2006/07 Addendum. B) Right-of-Way Utilization License for construction and access for a single family boat dock located at 241 Scott Avenue. C) Alive After Five Special Events through 2007. D) Award of a bid in amount of $337,000 to Maxwell Contracting for relocation of a reclaimed water line on Highway 17-92. 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; fmal- City Commission motion, discussion and action.) A) Appeal of Planning and Zoning Commission denial of a Conditional Use at 805 Cypress Avenue. Ad published August 27, 2006; owners notified August 23, 2006; property posted August 23 ,2006. [Commission Memo 06-410] B) Second reading and adoption of Ordinance No. 4005 to annex 0.27 acre at 1017 Sarita Street. Ad published August 30 and September 6, 2006. [Commission Memo 06-423] C) Second reading and adoption of Ordinance No. 4006 to annex 11.40 acres at 3400 and 3450 Ohio Avenue and 2005 Marquette Avenue. Ad published August 30 and September 6, 2006. [Commission Memo 06-424] D) Second reading and adoption of Ordinance No. 4007 to annex 12.10 acres at 2901 W. 1 st Street. Ad published August 30 and September 6, 2006. [Commission Memo 06-425] E) Second reading and adoption of Ordinance No. 4008 to annex 0.13 acre at 4251 Orlando Drive. Ad published August 30 and September 6,2006. [Commission Memo 06-426] F) Second reading and adoption of Ordinance No. 4009 to annex 1.68 acres at 3433 Country Club Road. Ad published August 30 and September 6, 2006. [Commission Memo 06-427] G) Second reading and adoption of Ordinance No. 4010 to annex 7.89 acres at 3955 Narcissus Avenue and 3980 W. 1st Street (SR 46) Ad published August 30 and September 6, 2006. [Commission Memo 06-428] H) Second reading and adoption of Ordinance No. 4011 to annex 0.85 acre at 2601 Palmetto Avenue. Ad published August 30 and September 6, 2006. [Commission Memo 06-429] FIRST READING OF ORDINANCES: A) First reading of Ordinance No. 4014 to annex 2.13 Acres at 2575 Frog Alley. [Commission Memo 06-415] B) First reading of Ordinance No. 4015 to amend the City Code regarding the Fire Pension Plan. (WS-3) [Commission Memo 06-421] C) First reading of Ordinance No. 4016 to amend the City Code regarding the Police Pension Plan. (WS-3) [Commission Memo 06-422] D) First reading of Ordinance No. 4017 to rezone 60.43 acres at 3795 Brisson Avenue from AG, Agriculture, to PO, Planned Development; Preliminary Subdivision Plan for Brisson Avenue East. [Commission Memos 06-430 and 06-431] E) First reading of Ordinance No. 4018 to rezone 128.59 acres at 3890 Brisson Avenue from AG, Agriculture, to PO, Planned Development; Preliminary Subdivision Plan for Brisson Avenue West. [Commission Memos 06-432 and 433] F) First reading of Ordinance No. 4019 to require pre-employment background checks for all employees and certain contractors. [Commission Memo 06-420] 8:15 10) OTHER ITEMS: A) Petition re: Conditions at Mayfair Golf Course. B) Contracts for Physician Services. [Commission Memo 06-411] C) FY06/07 Property and Liability Insurance renewal. [Commission Memo 06- 413] D) Property exchange with MG Real Estate LLC (My Fathers Table facility). [Commission Memo 06-414] E) 213 E. 4th Street -- request to waive $15,000 lien. [Commission Memo 06-416] F) 200 Myrtle Avenue - request to waive $8,000 lien. [Commission Memo 06-417] G) 409 S. Laurel Avenue - request to waive $17,750 lien. [Commission Memo 06- 418] H) 2400 Marshall Avenue - request to waive $28,930 lien. [Commission Memo 06-419] 11) CITY ATTORNEY'S REPORT. 12) CITY CLERK'S REPORT. 13) CITY MANAGER'S REPORT. 14) CITIZEN PARTICIPATION. 15) CITY COMMISSIONERS' REPORTS. 16) END THE MEETING. The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, September 11, 2006, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park A venue, Sanford, Florida. Present: Mayor Linda Kuhn Vice Mayor Velma Williams Commissioner Art Woodruff Commissioner Randy Jones Commissioner Jack T. Bridges City Manager Robert (Sherman) Yehl Assistant City Attorney Lonnie Groot Deputy City Clerk Cynthia Porter Absent: City Clerk Janet R. Dougherty Time (approximate) 7:00 1) Meeting called to order by Mayor Kuhn at 7 PM. Mayor Kuhn read a document commemorating the fifth anniversary of the September 11,2001 tragedy which forever changed the lives of all American citizens. She declared September 17 - 23, 2006 to be Constitutional Week. 2) Invocation by Bishop Lewis Knight, St. Johns Coalition Ministries and Sanford Police Department Chaplain. 3) Pledge of Allegiance. 4) Minutes. None. 7:03 5) PRESENT ATIONS/COMMENDATIONS: None 7:03 6) PUBLIC HEARING: FY 2007 TENT A TIVE BUDGET AND PROPOSED MILLAGE RATE. Publicized via tax (TRIM) notices mailed in August by the Seminole County Property Appraiser. [Commission Memo 06-434] A) Adoption of the tentative millage rate. Commissioner Bridges moved to adopt a tentative millage rate of 6.325 for the fiscal year beginning October 1,2006 and ending September 30,2007. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Adoption of the tentative budget. Commissioner Bridges moved to adopt the tentative operating and capital improvement plan, as prepared and submitted by the City Manager to the City Commission, for the fiscal year beginning October 1, 2006, and ending September 30,2007. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye Mayor Kuhn announced that the final hearing will be held on Monday, September 25, 2006 at 7 PM in the City Commission Chambers. 7:08 7) CONSENT AGENDA: [Commission Memo 06-409] A) Agreement for Dispatching Services with Seminole County Sheriffs Office - FY 2006/07 Addendum. B) Right-of-Way Utilization License for construction and access for a single family boat dock located at 241 Scott Avenue. C) Alive After Five Special Events through 2007. D) Award ofa bid in amountof$337,000 to Maxwell Contracting for relocation ofa reclaimed water line on Highway 17-92. Vice Mayor Williams moved to approve Consent Agenda Items A, B, and 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 Jones Aye Commissioner Bridges Aye Commissioner Woodruff moved to approve Consent Agenda Item C, with the change in time from 5 PM to 4 PM for the street closure of 1 st Street from Park A venue to Sanford A venue. 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 Jones Aye Commissioner Bridges Aye 7: 1 0 8) PUBLIC HEARINGS: A) Appeal of Planning and Zoning Commission's denial of a Conditional Use at 805 Cypress Avenue. Ad published August 27,2006; owners notified August 23,2006; property posted August 23 ,2006. [Commission Memo 06-410] Dr. Preston Adams, Preston Adams Consulting, representing Hortense G. Evans & Associates, P .A., distributed information and gave a power point presentation regarding Little School Academy. Commissioner Woodruff moved to uphold the decision of the Planning and Zoning Commission to deny the Conditional Use for urban infill redevelopment to establish a day care and pre-K educational facility at 805 Cypress Avenue. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Second reading and adoption of Ordinance No. 4005 to annex 0.27 acre at 1017 Sarita Street. Ad published August 30 and September 6, 2006. [Commission Memo 06-423] [Commissioner Bridges left the meeting.] Commissioner Woodruff moved to adopt Ordinance No. 4005. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye C) Second reading and adoption of Ordinance No. 4006 to annex 11.40 acres at 3400 and 3450 Ohio Avenue and 2005 Marquette Avenue. Ad published August 30 and September 6,2006. [Commission Memo 06-424] Commissioner Jones moved to adopt Ordinance No. 4006, and that the associated map be changed to reflect the proper City zoning category ofSR-IAA. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye D) Second reading and adoption of Ordinance No. 4007 to annex 12.10 acres at 2901 W. 1st Street. Ad published August 30 and September 6, 2006. [Commission Memo 06-425] [Commissioner Bridges returned to the meeting.] Commissioner Woodruff moved to adopt Ordinance No. 4007. 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 Jones Aye Commissioner Bridges Aye E) Second reading and adoption of Ordinance No. 4008 to annex 0.13 acre at 4251 Orlando Drive. Ad published August 30 and September 6, 2006. [Commission Memo 06-426] Commissioner Jones moved to adopt Ordinance No. 4008. 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 Jones Aye Commissioner Bridges Aye F) Second reading and adoption of Ordinance No. 4009 to annex 1.68 acres at 3433 Country Club Road. Ad published August 30 and September 6, 2006. [Commission Memo 06-427] Commissioner Jones moved to adopt Ordinance No. 4009, and that the associated map be changed to reflect the proper City zoning category of SR-IAA. 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 Jones Aye Commissioner Bridges Aye G) Second reading and adoption of Ordinance No. 4010 to annex 7.89 acres at 3955 Narcissus Avenue and 3980 W. 1 st Street (SR 46) Ad published August 30 and September 6,2006. [Commission Memo 06-428] Commissioner Jones moved to continue this item to the next meeting. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye H) Second reading and adoption of Ordinance No. 4011 to annex 0.85 acre at 2601 Palmetto Avenue. Ad published August 30 and September 6, 2006. [Commission Memo 06-429] Commissioner Jones moved to adopt Ordinance No. 4011. 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 Jones Aye Commissioner Bridges Aye 7:45 9) FIRST READING OF ORDINANCES: A) First reading of Ordinance No. 4014 to annex 2.13 Acres at 2575 Frog Alley. [Commission Memo 06-415] Vice Mayor Williams moved to approve the first reading of Ordinance No. 4014. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) First reading of Ordinance No. 4015 to amend the City Code regarding the Fire Pension Plan. (WS-3) [Commission Memo 06-421] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4015. 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 Jones Aye Commissioner Bridges Aye C) First reading of Ordinance No. 4016 to amend the City Code regarding the Police Pension Plan. (WS-3) [Commission Memo 06-422] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4016. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye D) First reading of Ordinance No. 4017 to rezone 60.43 acres at 3795 Brisson Avenue from AG, Agriculture, to PD, Planned Development; Preliminary Subdivision Plan for Brisson Avenue East. [Commission Memos 06-430 and 06-431] Vice Mayor Williams moved to approve the first reading of Ordinance No. 4017, as amended to include the stipulation that a six foot brick wall shall be installed along the north property line of Mr. Barnes' property located at 3821 Brisson Avenue. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye Commissioner Jones moved to approve the Preliminary Subdivision Plan for Brisson A venue East. 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 Jones Aye Commissioner Bridges Aye E) First reading of Ordinance No. 4018 to rezone 128.59 acres at 3890 Brisson Avenue from AG, Agriculture, to PD, Planned Development; Preliminary Subdivision Plan for Brisson Avenue West. [Commission Memos 06-432 and 433] Vice Mayor Williams moved to approve the first reading of Ordinance No. 4018. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye Commissioner Jones moved to approve the Preliminary Subdivision Plan for Brisson A venue West. 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 Jones Aye Commissioner Bridges Aye F) First reading of Ordinance No. 4019 to require pre-employment background checks for all employees and certain contractors. [Commission Memo 06-420] Commissioner Bridges moved to approve the first reading of Ordinance No. 4019. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye 8:15 10) OTHER ITEMS: A) Petition regarding conditions at Mayfair Golf Course. Tom Moore presented petitions requesting that the Commission take some action concerning the current lease, course conditions, safety issues, and management operation of the Mayfair Golf and Country Club. Vice Mayor Williams moved to delegate the City Manager to pursue and take any actions necessary regarding the Mayfair Golf Course. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Contracts for Physician Services. [Commission Memo 06-411] Commissioner Jones moved to select North Seminole Family Practice, as presented, and waive the established insurance requirements so they may continue their fine service to the City. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye C) FY06/07 Property and Liability Insurance renewal. [Commission Memo 06-413] Commissioner Woodruff moved to approve the FY 06/07 insurance renewal with the Florida League of Cities. 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 Jones Aye Commissioner Bridges Aye D) Property exchange with MG Real Estate LLC (My Fathers Table facility). [Commission Memo 06- 414] Commissioner Jones moved to approve the property exchange between the City and MG Real Estate LLC and to authorize the Mayor to execute the exchange agreement. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye E) 213 E. 4th Street -- request to waive $15,000 lien. [Commission Memo 06-416] Commissioner Woodruff moved to table this item to the next meeting. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye F) 200 Myrtle Avenue -- request to waive $8,000 lien. [Commission Memo 06-417] Commissioner Jones moved to table this item to the first meeting in October. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye G) 409 S. Laurel Avenue -- request to waive $17,750 lien. [Commission Memo 06-418] Commissioner Jones moved to table this item. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones l\ v Commissioner Bridges l\ v_ n 2400 Marshall Avenue -- request to waive $28,930 lien. [Commission Memo 06-419] The Commission took no action. Add-on Item. US 17-92 CRA funding request for French Avenue Center at 2430 French Avenue. Commissioner Woodruff moved to endorse the owner of the French A venue Center to pursue CRA funding in order to make improvements to the property in compliance with Sanford's regulations. 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 Jones Aye Commissioner Bridges Aye 11) CITY ATTORNEY'S REPORT. 12) CITY CLERK'S REPORT. 13) CITY MANAGER'S REPORT. 14) CITIZEN PARTICIPATION. 15) CITY COMMISSIONERS' REPORTS. 16) END THE MEETING. There being no further business, the meeting was adjourned at 9:41 PM. Mayor Linda Kuhn Attest: City Clerk cp