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100906 rm agenda & min. CITY OF SANFORD CITY COMMISSION MEETING MONDAY, October 9,2006 7 PM City Commission Chambers 1 st Floor Sanford City Hall 300 North Park Avenue Sanford, Florida ~~-~~~~~~~~~~~---------------------------------------------------- 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) Meeting call to order by Mayor Kuhn. Invocation. Pledge of Allegiance. Minutes. June 24, 2006, Work Session and Regular Meeting. 7:03 5) PRESENTATIONS/COMMENDATIONS: None 7:03 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 06-450] A) Purchase Live Oak Trees from Marshall Tree Farm to replace trees lost during Hurricanes Charley, Jeanne and Frances, using $50,000 of Urban & Community Forestry Grant Agreement funds. B) Right-of-Way Utilization License for construction and access for a single family boat dock located at 1301 East Seminole Boulevard. C) Water service to 1950 Hughey Avenue, outside the City. D) Super Saturday Night Cruise Special Event on the last Saturday of the month, January through October. 7:05 7} 7:08 8} 7:12 9} E} 1st Annual Sanford Celebration Special Event, October 27 - 29,2006. F} Award of Phase 2A of the North Shore/Marina Isle Seawall Project to AA T. Restoration Group, Inc., in amount of $40,843. G} Accept Edward Byrne Memorial Justice Assistance Grant #2007-JAGC- SEMI-2.P3-122 in amount of $15,054. 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: 1 st - staff; 2nd - applicant/requesting party; 3rd - public; final- City Commission motion, discussion and action.) A} Second reading and adoption of Ordinance No. 4014 to annex 2.13 Acres at 2575 Frog Alley. Ad published September 27 and October 4, 2006. [Commission Memo 06-458J B} Second reading and adoption of Ordinance No. 4020 to vacate a portion of the rear utility easement at 113 Grove Hollow Court. Ad published September 27, 2006. [Commission Memo 06-459J FIRST READING OF ORDINANCES: A} First reading of Ordinance No. 4024, annexing 12.2 acres at 2900 and 2966 Beardall Avenue. [Commission Memo 06-454J B} First reading of Ordinance No. 4025, annexing 0.25 acre at 2950 St. Johns Parkway. [Commission Memo 06-455J C} First reading of Ordinance No. 4026, amending the City Code and providing for adjustments to utility system rates, fees and charges by resolution and annual Consumer Price Index modifications. [Commission Memo 06-453J D} First reading of Ordinance No. 4022, amending the Future Land Use of 8.33 acres of Fort Mellon Park from Waterfront Downtown Business District to Parks, Recreation, Open Space. [Commission Memo 06-460J E) First reading of Ordinance No. 4023, rezoning 8.33 acres of Fort Mellon Park from Special Commercial - 3 to Parks, Recreation, Open Space. [Commission Memo 06-461J OTHER ITEMS: A} Affinn variance approved by the Historic Preservation Board for maximum size of a sign at 1401 Magnolia Avenue. [Commission Memo 06-456J B} Affinn variance approved by the Historic Preservation Board to allow for first floor office use in the Downtown Historic District at 214 Palmetto Avenue, Lot 4. [Commission Memo 06-457J C) Resolution No. 2060 regarding Communications Services Tax. (WS-4) [Commission Memo 06-466J D) Resolution No. 2063 accepting and executing a Local Agency Program Agreement with the Florida Department of Transportation for a feasibility study for a roundabout on U.S. Highway 17-92. Also: award feasibility study work to Glatting, Jackson, Kercher, Lopez, Anglin and Rinehart in amount of $28,000 plus expenses, and authorize the Mayor to execute documents. [Commission Memo 06-452] E) Continued from September 25,2006: 213 E. 4th Street - request to waive $15,000 lien. [Commission Memo 06-465] 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. 14) CITY COMMISSIONERS' REPORTS. 15) END THE MEETING. The City Commission ofthe City of Sanford, Florida, met in Regular Meeting on Monday, October 9, 2006, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Linda Kuhn Vice Mayor Velma Williams Commissioner Art Woodruff Commissioner Randy Jones Commissioner Jack T. Bridges Deputy City Manager Kristi Aday City Attorney William L. Colbert Deputy City Clerk Cynthia Porter Absent: City Manager Robert (Sherman) Yehl City Clerk Janet R. Dougherty 1) Meeting was called to order by Mayor Kuhn at 7 PM. 2) Invocation. 3) Pledge of Allegiance. 4) Minutes. June 24, 2006, Work Session and Regular Meeting. Vice Mayor Williams moved to approve the Minutes. Seconded by Commissioner Bridges 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) CONSENT AGENDA: [Commission Memo 06-450] A) Purchase Live Oak Trees from Marshall Tree Farm to replace trees lost during Hurricanes Charley, Jeanne and Frances, using $50,000 of Urban & Community Forestry Grant Agreement funds. B) Right-of- W ay Utilization License for construction and access for a single family boat dock located at 1301 East Seminole Boulevard. C) Water service to 1950 Hughey A venue, outside the City. D) Super Saturday Night Cruise Special Event on the last Saturday of the month, January through October. E) 1st Annual Sanford Celebration Special Event, October 27 - 29, 2006. F) Award of Phase 2A of the North ShorelMarina Isle Seawall Project to A.A.T. Restoration Group, Inc., in the amount of $40,843. G) Accept Edward Byrne Memorial Justice Assistance Grant #2007-JAGC-SEMI-2-P3-122 in the amount of $15,054. Commissioner Jones moved to approve the Consent Agenda. Seconded by Commissioner Bridges 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) PUBLIC HEARINGS: A) Second reading and adoption of Ordinance No. 4014 to annex 2.13 Acres at 2575 Frog Alley. Ad published September 27 and October 4, 2006. [Commission Memo 06-458] Commissioner Jones moved to adopt Ordinance No. 4014. 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) Second reading and adoption of Ordinance No. 4020 to vacate a portion of the rear utility easement at 113 Grove Hollow Court. Ad published September 27,2006. [Commission Memo 06-459] Commissioner Woodruff moved to adopt Ordinance No. 4020. 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) FIRST READING OF ORDINANCES: A) First reading of Ordinance No. 4024, annexing 12.2 acres at 2900 and 2966 Beardall Avenue. [Commission Memo 06-454] Vice Mayor Williams moved to approve the first reading of Ordinance No. 4024. Seconded by Commissioner Bridges 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. 4025, annexing 0.25 acre at 2950 St. Johns Parkway. [Commission Memo 06- 455] Commissioner Woodruff moved to continue the first reading of Ordinance No. 4025 until such time as Staff has ascertained whether the applicant has a septic permit and the City is able to supply water service. 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. 4026, amending the City Code and providing for adjustments to utility system rates, fees and charges by resolution and annual Consumer Price Index modifications. [Commission Memo 06-453] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4026. 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. 4022, amending the Future Land Use of 8.33 acres of Fort Mellon Park from Waterfront Downtown Business District to Parks, Recreation, Open Space. [Commission Memo 06-460] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4022. Seconded by Commissioner Jones. The motion failed by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Williams Nay Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Nay E) First reading of Ordinance No. 4023, rezoning 8.33 acres of Fort Mellon Park from Special Commercial- 3 to Parks, Recreation, Open Space. [Commission Memo 06-461] City Attorney Colbert advised that by law, Ordinance No. 4023 must fail since Ordinance No. 4022 failed. Commissioner Woodruff moved to approve the first reading of Ordinance No. 4023. Seconded by Commissioner Jones. Vice Mayor Williams moved to deny the first reading of Ordinance No. 4023. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Nay Commissioner Jones Nay Commissioner Bridges Aye 9) OTHER ITEMS: A) Affirm variance approved by the Historic Preservation Board for maximum size of a sign at 1401 Magnolia Avenue. [Commission Memo 06-456] Commissioner Jones moved to affirm the approval ofthe variance for the sign, with a sunset provision of five years. Seconded by Commissioner Woodruff. After discussion, Commissioner Jones amended his motion to exclude the sunset provision. Seconded by Commissioner Woodruff and denied by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Williams Nay Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Nay Commissioner Woodruff moved to affirm the approval of the variance for the sign, with a sunset provision of five years. 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) Affirm variance approved by the Historic Preservation Board to allow for first floor office use in the Downtown Historic District at 214 Palmetto Avenue, Lot 4. [Commission Memo 06-457] Commissioner Bridges moved to continue this item. 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 No. 2060 regarding Communications Services Tax. (WS-4) [Commission Memo 06-466] Commissioner W oodruffmoved to adopt Resolution No. 2060. 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) Resolution No. 2063 accepting and executing a Local Agency Program Agreement with the Florida Department of Transportation for a feasibility study for a roundabout on U.S. Highway 17-92. Also: award feasibility study work to Glatting, Jackson, Kercher, Lopez, Anglin and Rinehart in the amount of $28,000 plus expenses, and authorize the Mayor to execute documents. [Commission Memo 06-452] Vice Mayor Williams moved to adopt Resolution No. 2063, and award the feasibility study work to Glatting and authorize the Mayor to sign and execute documents, as necessary. 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) Continued from September 25, 2006: 213 E. 4th Street -- request to waive $15,000 lien. [Commission Memo 06-465] Commissioner Bridges moved to reduce the lien to $750 which is to be paid within thirty (30) days of date, and if not paid within thirty (30) days of date then the original lien of$15,000 be reimposed. 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 Nay Commissioner Bridges Aye 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. 14) CITY COMMISSIONERS REPORTS. 15) END THE MEETING. There being no further business, the meeting was adjourned at 8:49 PM. Mayor Linda Kuhn Attest: City Clerk cp