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091007 rm agenda & min. CITY OF SANFORD CITY COMMISSION MEETING MONDAY, SEPTEMBER 10, 2007 7PM City Commission Chambers 1st Floor Sanford City Hall 300 North Park Avenue Sanford, Florida .....~.....,...,.,..., ,...,.. -"'-''''''........ ....."""'~...... ~""'~ ~""''''''. "" "" "" W IIwl ~ ~~/IV~ ....,. ...,.,...., 1IliIN~ ~ ". ""~....,.""'...,."-""'-~ 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 -o"~~SION MEETINGS OR ANY OTHER BOARD OR COIIIIITTEE MEETING MAY CONTACT THE CITY ClERK IN WRITING, OR MAY CAU.407 .330.5803 FOR INFORMA11ON REGARDING AVALABLE AIDS AND SERVICES. PURSUANT TO SECTION _.0105, FLORIDA STATUTES,IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COIIIIISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBUCIEETlNG,SUCH PERSON WLL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBA11II RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTM>NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. This nlCOf'd Is not provided by the City of Sanford. ...., ....'" ""'~""''''''''''''''''''''''''''''''-''~''''''--''''''''''#1fw- JI'll I'll ~ '" JIll... AGENDA Time (approximate) 7:00 1) 2) 3) 4) Meeting caN to order by Mayor Kuhn. Invocation. Pledge of Allegiance. Minutes. August 13,2007, Special Joint Meeting and August 13, 2007, Regular Meeting. 7:05 5) PRESENTATIONS/COMMENDATIONS: None. 7:05 6) PUBLIC HEARING: FY 2008 TENTATIVE BUDGET AND PROPOSED MILLAGE RATE. Publicized via tax (TRIM) notices mailed in August by the Seminole County Properly Appraiser. [Commission Memo 07 -242J A) Resolution No. 2088, adopting the tentative millage rate. B) Resolution No. 2089, adopting the tentative budget. 7:12 7) 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 07 -232J A) B) Lake Mary Sewage Agreement for Waterside Development. Agreement with Greystone Town Homes Owners Association, Inc. for the Sanford Police Department to conduct traffic enforcement and other police functions in the Greystone Town Homes gated community. C) D) E) F) Community Safety Fair Special Event on Saturday, October 20, 2007 from 10 AM to 3 PM. Seminole High School Homecoming Parade Special Event on Thursday, September 27, 2007 at 5 PM. Australian Wine Maker Pro Tour Special Event on Saturday. October 13. 2007 from 7 -11:30 PM. Request to close Magnolia Avenue from Magnolia Square to 2nd Street for Farmer's Market Special Events on Saturdays. $88,642.70 increase to purchase order #30546 with Orlando Paving Company for asphalt paving, funded by Seminole County z-t Generation One Cent Sales Tax Funds. G) 7:14 8) 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 infonnation about the subject matter of the hearing. (Hearing Sequence: 1st - staff; 2nd - applicantlrequesting party; 3rd - public; final- City Commission motion, discussion and action.) A) Continued from August 27. 2007: Consider request to close Pinefield Drive at Brisson Avenue in the Celery Lakes Subdivision. Ad published August 12, 2007, and notices sent to owners August 17, 2007. [Commission Memo 07-243J B) Second reading and adoption of Ordinance No. 4064, annexing 702 Palmway. Ad published August 29 and September 5, 2007. [Commission Memo 07-234J C) Continue to September 24, 2007: (Continued from August 27, 2007) Second reading and adoption of Ordinance No. 4066, rezoning 2470 Mellonville Avenue to RMOI, Multi-family ResidentiaUOfficellnstitutional. Ad published August 15,2007. D) Second reading and adoption of Ordinance No. 4072, vacating a portion of Laurel Avenue adjacent to 413 W. 13th Street. Ad published August 29,2007. [Commission Memo 07-235J E) Continued from August 27, 2007: First reading of Ordinance No. 4067, amending Schedule F of the City of Sanford Code/Land Development Regulations and First reading of Ordinance No. 4068, amending Schedule J of the City of Sanford CodelLand Development Regulations. Ads published August 19, 2007. [Commission Memo 07-245J F) First reading of Ordinance No. 4070, amending Schedule N of the City of Sanford CodelLand Development Regulations. Ad published September 2,2007. [Commission Memo 07-236J G) First reading of Ordinance No. 4071, amending the Comprehensive Plan. Ad published September 2,2007. [Commission Memo 07-246] 8:00 9) FIRST READING OF ORDINANCES: A) Ordinance No. 4073, annexing 4115 SR 46 E. [Commission Memo 07-237] 8:02 10) OTHER ITEMS: A) Commerce Pointe Preliminary Subdivision Plan. [Commission Memo 07 -238J B) Request from Kevin SpoIski to refund $9,555.66 for Building Permit Fees associated with a new industrial building for Delta Connection Academy at 2685 Flightline Avenue. [Commission Memo 07-239J C) Continued from August 27, 2007: Resolution No. 2087, reimplementing the Police Officer's Mortgage Assistance Program. [Commission Memo 07 -244J D) 101 W.18t Street: affirm variance to the maximum sign size. [Commission Memo 07-24OJ E) 1010 Oak Avenue: affirm variance to the maximum garage door size. [Commission Memo 07-241J F) Interlocal Agreement for Public School Facility Planning and School Concurrency. [Commission Memo 07-247J G) Sanford Gymnastics Building on East 25th Place. [Commission Memo 07-233J 11) CITY ATTORNEY'S REPORT. 12) CITY CLERK'S REPORT. 13) CITY MANAGER'S REPORT. 14) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak. and may present additional written material. 15) CITY COMMISSIONERS' REPORTS. 16) END THE MEETING. The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, September 10,2007, 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 City Manager Robert (Sherman) Yehl City Attorney William L. Colbert City Clerk Janet R. Dougherty Deputy City Clerk Cynthia Porter 1) Meeting was called to order by Mayor Kuhn at 7:01 PM. 2) Invocation given by Reverend Diana Molina, Rehobot Pentecostal Church. 3) Pledge of Allegiance. 4) Minutes. August 13,2007, Special Joint Meeting and August 13,2007, Regular Meeting. Commissioner Bridges moved to approve the Minutes. 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 5) PRESENTATIONS/COMMENDATIONS: Battalion Chief Vince Fioretti introduced newly hired firefighters Jon Force, Glen Johnson, Joseph Hubbard, and Kristin O'Neal. 6) PUBLIC HEARING: FY 2008 TENTATIVE BUDGET AND PROPOSED MILLAGE RATE. Publicized via tax (lRIM) notices mailed in August by the Seminole County Property Appraiser. [Commission Memo 07-242] A) Resolution No. 2088, adopting the tentative millage rate. Commissioner Bridges moved to adopt Resolution No. 2088. Seconded by Commissioner Woodroff 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) Resolution No. 2089, adopting the tentative budget. Vice Mayor Williams moved to adopt Resolution No. 2089, with three amendments: remove $2 million from the Culture and Recreation line item to the Public Safety line item, add the full time position in the Public Works Department, and remove $500,000 from the White Cedar Road project to the Oleander Avenue road project. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner WoodrufI Aye Commissioner Jones Aye Commissioner Bridges Aye 7) CONSENT AGENDA: [Commission Memo 07-232] A) Lake Mary Sewage Agreement for Waterside Development. B) Agreement with Greystone Town Homes Ownen Assoeiation, IDe. for the Sanford Police Department to conduct traffic enforcement and other police functions in the Greystone Town Homes gated community. C) Community Safety Fair Special Event on Saturday, October 20, 2007 from lOAM to 3 PM. D) Seminole High Sehool Homeeoming Parade Special Event on Thursday, September 27,2007 at 5 PM. E) Australian Wine Maker Pro Tour Speeial Event on Saturday, October 13, 2007 from 7 - 11 :30 PM. F) Request to eJose Magnolia Avenue from Magnolia Square to 200 Street for Farmer's Market Speeial Events on Saturdays. G) $88,642.70 inerease to purchase order #30546 with Orlando Paving Company for asphalt paving, funded by Seminole County 200 Generation One Cent Sales Tax Funds. Consent Agenda Item B was removed. Commissioner Woodruff moved to approve Consent Agenda Item A with an amendment to include the monthly sewer availability charge of $8.79 per residential unit, and Items C - G. 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) PUBLIC HEARINGS: A) Continued from August 27, 2007: Consider request to eJose Pinefield Drive at Brisson Avenue in the Celery Lakes Subdivision. Ad published August 12,2007, and notices sent to owners August 17,2007. [Commission Memo 07-243] Commission Memorandum 07-243 was distributed just prior to tonight's meeting. Commissioner Woodruff moved to approve the request to modify the intersection at Pinefield Drive and Brisson Avenue in the Celery Lakes Subdivisio~ and to direct Staff to report in six months after construction on the effects of the street closure on traffic, speed, and crime, and to add the condition that if required by the Commission, the street can be reopened. 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) Second reading and adoption ofOrdinanee No. 4064, annexing 702 Palmway. Ad published August 29 and September 5, 2007. [Commission Memo 07-234] [Commissioner Bridges left the meeting.] Commissioner Jones moved to adopt Ordinance No. 4064. Seconded by Commissioner Wood.ru:ff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Wood.ru:ff Aye Commissioner Jones Aye C) Continue to September 24,2007: (Continued from August 27,2007) Second reading and adoption of Ordinance No. 4066, rezoning 2470 Mellonville Avenue to RMOI, Multi-family ResidentiaVOffice/Institutional. Ad published August 15,2007. Commissioner Jones moved to continue this item to September 24,2007. 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 D) Second reading and adoption of Ordinance No. 4072, vacating a portion of Laurel Avenue adjacent to 413 W. 13th Street. Ad published August 29,2007. [Commission Memo 07-235] Commissioner Jones moved to adopt Ordinance No. 4072. 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 E) Continued from August 27, 2007: Fint reading of Ordinance No. 4067, amending Schedule F of the City of Sanford CodelLand Development Regulations and Fint reading of Ordinance No. 4068, amending Schedule J of the City of Sanford Code/Land Development Regulations. Ads published August 19,2007. [Commission Memo 07-245] [Commissioner Bridges returned to the meeting.] Commissioner Jones moved to approve the first reading of Ordinance No. 4067, amending Schedule F. 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 Commissioner Jones moved to approve the fll'St reading of Ordinance No. 4068, amending Schedule J. 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 F) Fint reading of Ordinance No. 4070, amending Schedule N of the City of Sanford CodelLand Development Regulations. Ad published September 2, 2007. [Commission Memo 07-236] Planning and Development Services Director Russ Gibson distributed infonnation regarding this item just prior to tonight's meeting: Schedule N draft ordinance, petition oflandowner with Exhibit A attached, application for incorporation of right of way with Exhibit A attached, draft bilateral agreement to dedicate, and an email from Ken McIntosh to Tom George dated August 30, 2007. Commissioner Woodruffmoved to approve the first reading of Ordinance No. 4070 to amend Schedule N. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodroff Aye Commissioner Jones Aye Commissioner Bridges Aye G) Fint reading of Ordinance No. 4071, amending the Comprehensive Plan. Ad published September 2,2007. [Commission Memo 07-246] Commissioner Jones moved to approve the first reading of Ordinance No. 4071. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodroff Aye Commissioner Jones Aye Commissioner Bridges Aye 9) FIRST READING OF ORDINANCES: A) Ordinance No. 4073, annexing 4115 SR 46 E. [Commission Memo 07-237] Commissioner Jones moved to approve the fIrst reading of Ordinance No. 4073. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodroff Aye Commissioner Jones Aye Commissioner Bridges Aye 10) OTHER ITEMS: A) Commerce Pointe Preliminary Subdivision Plan. [Commission Memo 07-238] Commissioner Jones moved to approve the Preliminary Subdivision Plan for Commerce Pointe, including Staff's recommendations. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodroff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Request from Kevin Spolski to refund $9,555.66 for Building Permit Fees associated with a new industrial building for Delta Connection Academy at 2685 Flightline Avenue. [Commission Memo 07-239] Mayor Kuhn passed the gavel to Vice Mayor Williams and moved to deny the refund request. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Nay Commissioner Woodruff Aye Commissioner Jones Nay Commissioner Bridges Aye Vice Mayor Williams returned the gavel to Mayor Kuhn. Commissioner Bridges moved to no longer grant any waivers of fees as requested here~ and that any waiver of fees that would ever be granted would have to be done by a majority vote of the Sanford City Commission standing at that time. 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 August 27,2007: Resolution No. 2087, reimplementing the Police Officer's Mortgage Assistance Program. [Commission Memo 07-244] No action was taken on this item, however, the Commission concurred that it would like the program to continue with some tenn limitation, that it not be part of contract negotiations, and that City Manager Yehl and Police Chief Tooley work with the police officers to develop a program that meets those objectives. D) 101 W. 1st Street: affirm variance to the maximum sign size. [Commission Memo 07-240] [Commissioner Bridges left the meeting.] [Vice Mayor Williams left the meeting.] Commissioner Woodruff moved to affirm the approval for a variance to Schedule S for a 31" tall sign at 1 0 1 W. 1 st Street. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Commissioner Woodruff Aye Commissioner Jones Aye E) 1010 Oak Avenue: affmn variance to the maximum garage door size. [Commission Memo 07-241] [Vice Mayor Williams returned to the meeting.] Commissioner Jones moved to affirm the approval for a variance to Schedule S to the size of garage doors from 9' to 16' at 1010 Oak Avenue. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye F) Interloeal Agreement for Public School Facility Planning and School Concurrency. [Commission Memo 07-247] Commissioner Jones moved to approve the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency. 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 G) Sanford Gymnastics Building on East 25th Place. [Commission Memo 07-233] The Commission agreed that the property should be appraised. Commissioner Woodruff asked if it would 148 EOOSl4441DW MINUTES City Commission, Sanford, Florida R~ular Meetin~ Septembe.' 1 0, 2007 be feasible to eventually develop a recreational facility on the site, and suggested that before consideration is given to selling properties like this there needs to be a plan on how the City is going to provide recreational facilities: the Commission agreed. . 11) CITY ATTORNEY'S REPORT. 12) CITY CLERK'S REPORT. City Clerk Janet Dougherty reported that all members of the City Commission as well as the Chairman of the Charter Review Committee are available to meet on September 17 to review the CRC's proposed Charter amendments. The Commission concurred to meet with the CRC Chairman and Committee members on September 17, 2007 at 6 PM in the Railroad Depot Room. 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 11 :05 PM. ~ S:~~ Mayor inda Kuhn ~ - --- Attest: C/;~ .~~ ity Clerk Y cp ] """"'Il l ~ ....J ...... .... ...... "';1. -. ....