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092506 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 25,2006 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. Pledge of Allegiance. Minutes. June 12, 2006, Work Session and Regular Meeting. PRESENTA TIONS/COMMENDA TIONS: None PUBLIC HEARING: FY 2007 BUDGET AND MILLAGE RATE. Ads published September 10 and 20,2006. [Commission Memo 06435J A) Resolution No. 2057 adopting the millage rate. B) Resolution No. 2058 adopting the budget and capital program. 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 06437J A) Water and Wastewater Rate Study Report by PRMG. (WS-1) 7:10 8) 7:30 9) B) Veteran's Memorial Park $15,232 additional project expenses from General Fund Reserves. C) Howl-O-Ween in the Boneyard Special Event October 28, 2006. D) Seminole High School Homecoming Parade October 19, 2006. 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) First reading of Ordinance No. 4020 to vacate a portion of the rear utility easement at 113 Grove Hollow Court. Ad published September 10, 2006; owners notified September 6, 2006; property posted September 7 , 2006. [Commission Memo 06-436] B) Continued from September 11, 2006: 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 06-442] C) Second reading and adoption of Ordinance No. 4015 to amend the City Code regarding the Fire Pension Plan. Ad published September 13, 2006. [Commission Memo 06-443] D) Second reading and adoption of Ordinance No. 4016 to amend the City Code regarding the Police Pension Plan. Ad published September 13, 2006. [Commission Memo 06-444] E) Second reading and adoption 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. Ad published September 13, 2006. [Commission Memo 06-445J F) Second reading and adoption 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. Ad published September 13, 2006. [Commission Memo 06-446] G) Second reading and adoption of Ordinance No. 4019 to require pre- employment background checks for all employees and certain contractors; and Resolution No. 2059 implementing Ordinance No. 4019. Ad published September 13, 2006. [Commission Memo 06-441J FIRST READING OF ORDINANCES: A) First reading of Ordinance No. 4021 annexing 4.0 acres at 361 S. White Cedar Road. [Commission Memo 06-440J 7:32 10) OTHER ITEMS: A) Affirm Variance approved for 417 W. 2nd Street for a 16' wide garage door. [Commission Memo 06-439] B) Historic Preservation Board. Resignation submitted by Alec Then. [Commission Memo 06-450] C) Continued from September 11, 2006: 213 E. 4th Street -- request to waive $15,000 lien. [Commission Memo 06-448] D) Resolution No. 2060 regarding Communications Services Tax. [Commission Memo 06-447] 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 25, 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 City Attorney William L. Colbert Acting City Clerk Cynthia Porter Absent: City Clerk Janet R. Dougherty 1) Meeting was called to order by Mayor Kuhn at 7:03 PM. 2) Invocation. 3) Pledge of Allegiance. 4) Minutes. June 12,2006, Work Session and Regular Meeting. Commissioner Jones moved to approve the Minutes. 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 5) PRESENT A TIONS/COMMENDA TIONS: None 6) PUBLIC HEARING: FY 2007 BUDGET AND MILLAGE RATE. Ads published September 10 and 20, 2006. [Commission Memo 06-435] A) Resolution No. 2057 adopting the millage rate. B) Resolution No. 2058 adopting the budget and capital program. Commissioner Bridges moved to adopt Resolution No. 2057 and Resolution No. 2058. Seconded by Commissioner Woodruff. Vice Mayor Williams requested that the Minutes reflect that she is in favor of the budget, however, is extremely concerned and profoundly disappointed that the Commission, while it verbally expressed support for the initiative pertaining to the expansion and renovation of the Westside Recreation Center, it did not demonstrate commitment in view of the fact that no funds were allocated in the budget for the 2007 and 2008 budget years. She commended City Manager Yehl for recommending that $140,000 be used to move forward with the design for the initiative. The motion was 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) CONSENT AGENDA: [Commission Memo 06-437] A) Water and Wastewater Rate Study Report by PRMG. (WS-l) B) Veterans Memorial Park $15,232 additional project expenses from General Fund Reserves. D) Seminole High School Homecoming Parade October 19, 2006. Commissioner Jones moved to approve Consent Agenda Items A, B, and D. 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) Howl-O- Ween in the Boneyard Special Event October 28, 2006. Mr. Gordy Knipfer said that proceeds from fund raisers for Paw Park benefit future improvements to the Park, and requested waiver of the fees associated with the event. Mayor Kuhn said that the Commission has a policy to not waive fees, however, she and the Commission agreed to use funds available in their budgeted special projects fund to cover the cost for City services estimated to be $409.27. Commissioner Bridges moved to approve the event but deny the applicant's request for waiver offees. 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 8) PUBLIC HEARINGS: A) First reading of Ordinance No. 4020 to vacate a portion of the rear utility easement at 113 Grove Hollow Court. Ad published September 10, 2006; owners notified September 6, 2006; property posted September 7 , 2006. [Commission Memo 06-436] Commissioner Bridges moved to approve the first reading of Ordinance No. 4020. 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 B) Continued from September 11,2006: 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 06-442] Commissioner Jones moved to adopt Ordinance No. 4010, subject to the execution of the pre-annexation and economic development agreement, with the added stipulation that landscaping will be done in front of Hwy. 46. 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) Second reading and adoption of Ordinance No. 4015 to amend the City Code regarding the Fire Pension Plan. Ad published September 13, 2006. [Commission Memo 06-443] Commissioner Jones moved to adopt 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 D) Second reading and adoption of Ordinance No. 4016 to amend the City Code regarding the Police Pension Plan. Ad published September 13,2006. [Commission Memo 06-444] Vice Mayor Williams moved to adopt 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 E) Second reading and adoption 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 A venue East. Ad published September 13, 2006. [Commission Memo 06-445] T. Shepard Burr, President, North Lake Jesup Community, Inc., distributed and reviewed a handout regarding comments on Brisson A venue East and West Developments. Commissioner Woodruff moved to adopt Ordinance No. 4017. 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. 4018 to rezone 128.59 acres at 3890 Brisson Avenue from AG, Agriculture, to PD, Planned Development; Preliminary Subdivision Plan for Brisson Avenue West. Ad published September 13,2006. [Commission Memo 06-446] Vice Mayor Williams moved to adopt Ordinance No. 4018. 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) Second reading and adoption of Ordinance No. 4019 to require pre-employment background checks for all employees and certain contractors; and Resolution No. 2059 implementing Ordinance No. 4019. Ad published September 13,2006. [Commission Memo 06-441] Commissioner Jones moved to adopt Ordinance No. 4019. 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 Jones moved to adopt Resolution No. 2059. 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 9) FIRST READING OF ORDINANCE: A) First reading of Ordinance No. 4021 annexing 4.0 acres at 361 S. White Cedar Road. [Commission Memo 06-440] Commissioner Jones moved to approve the first reading of Ordinance No. 4021. 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 10) OTHER ITEMS: A) Affirm Variance approved for 417 W. 2nd Street for a 16' wide garage door. [Commission Memo 06-439] Commissioner W oodruffmoved to affirm the approval for the variance. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Historic Preservation Board Resignation submitted by Alec Then. [Commission Memo 06-450] Commissioner Jones moved to accept Mr. Then's resignation and formally thank him for his service to the Board. 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) Continued from September 11, 2006: 213 E. 4th Street -- request to waive $15,000 lien. [Commission Memo 06-448] Commissioner Bridges moved to continue 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 D) Resolution No. 2060 regarding Communications Services Tax. [Commission Memo 06-447] 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 Aye Commissioner Bridges Aye ADD ON ITEMS. A) CrappieMasters request for City sponsorship for special event scheduled for January 20, 2007. There was a consensus of the Commission that the applicant appear before the CRA to request sponsorship. B) Resolution requesting the Florida House and State Senate address the emerging crisis ofthe high cost of insurance premiums facing property owners in Seminole County and the State of Florida. Commissioner Woodruff moved to approve the preparation of a resolution. 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) Resolution in support of the 2006 Natural Lands and Trails Referendum. Vice Mayor Williams moved to approve the preparation of a resolution. 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 11) CITY ATTORNEY'S REPORT. 12) CITY CLERK'S REPORT. 13) CITY MANAGER'S REPORT. 14) CITIZEN PARTICIPATION. Doreen Freeman submitted a copy of the Planning & Zoning Commission's Agenda for August 17, 2006, regarding the rezoning of Fort Mellon Park, and said that all of Fort Mellon Park needs to be rezoned to PRO (parks, Recreation, Open Space). 15) CITY COMMISSIONERS' REPORTS. 16) END THE MEETING. There being no further business, the meeting was adjourned at 9: 17 PM. Mayor Linda Kuhn Attest: City Clerk cp