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030909 rm agn & min _.~ MINUTES ,.,......;:!. -. '. 51 City Commission, Sanford, Florida Regular Meeting March 9, 2009 20_ E00514441DW CITY OF SANFORD CITY COMMISSION MEETING [ MONDAY, MARCH 9, 2009 7PM City Commission Chambers 1st 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 WRITlNG, OR MAY CALL 407.688.5010 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 TES11MONY 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. February 23, 2009 Work Session and Regular Meetings. 7:05 5) PRESENTATIONS/COMMENDATIONS: None. 7:05 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 09-086] A) Approve $2,500 donation to Free to Be Me, Inc. from Law Enforcement Trust Funds. B) Seminole High School Reunion Social Special Event on Saturday, October 9th. C) 1st Annual Charity Truck Show Special Event on Sunday, March 2200. D) Temporary Extension of Licensed Premises for St. Patrick's Day Block Party Special Event on March 14th. E) $60,501.89 budget amendment for erosion repair projects on the RiverWalk and Northshore Park. F) Approve $5,000 donation to the University of Florida in return for Dr. Ali's technical assistance with midge control. 7:07 7) 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) Second reading and adoption of Ordinance No. 4164, rezoning 4.62 acres to PO, Planned Development at 301 Northstar Court. Ad published February 25, 2009. [Commission Memo 09-087] 7:09 8) FIRST READING OF ORDINANCES: ,..... A) Continued from February 9, 2009: Code Enforcement Related Ordinances. Work Session Item # 3. [Commission Memo 09-092] ..... Ordinance No. 4152, adopting (with amendments) the 2006 International Property Maintenance Code. (1 ). (2). (3). r (4). l (5). (6). Ordinance No. 4153, providing additional means of code enforcement through an administrative citation. Ordinance No. 4154, requiring a local representative and payment of a local business tax for residential rental properties. Ordinance No. 4155, providing processes and procedures relating to collection of special assessments. Ordinance No. 4156, amending ~ 1-7 relating to general penalties to violations of the Municipal Code and providing for recoupment of costs and expenses by the City. Ordinance No. 4157, regulating maintenance of vacant and residential properties that are subject to foreclosure. \ MINUTES 52 20_ E00514441DW " l City Commission, Sanford, Florida (7). Ordinance No. 4158, establishing a one percent per month interest rate (or the maximum authorized by law, whichever is less) on charges, judgments, fines, penalties or other financial obligations due to the City. -8) Ordinance No. 4165, annexing 2.48 acres at 2927 Sipes Avenue. [Commission Memo 09-090] C) D) Ordinance No. 4166, annexing 0.68 acre at 3480 Beardall Avenue. [Commission Memo 09-091] Ordinance No. 4167, revising ordinance adoption procedures. [Commission Memo 09-088] 7:45 9) OTHER ITEMS: A) Planning and Zoning Commission - appointment of alternate member. [Commission Memo 09-089] B) Continue to March 23,2009: Approve purchase of Projectdox software in the amount of $102,000. (Continued from February 23, 2009) C) Continue to March 23, 2009: Preliminary Subdivision Plan for Ridgewood Townhomes. (Continued from January 26, 2009) D) Resolution No. 2132, removal of board member. [Commission Memo 09-098] E) Authorize to proceed with property purchases for Stormwater Projects. (Work Session Item # 2) [Commission Memo 09-094] F) Approve purchase of the house and property at 2426 South Oak Avenue for a cost not to exceed $231,457. (Work Session Item # 2) [Commission Memo 09-095] G) Continued from February 23,2009: 800 W. 13th Street - request to waive or reduce $33,301.11 in Code Enforcement liens. [Commission Memo 09-096] H) Approve purchase of four properties in amount of $41 0,000 for construction of the Oleander Avenue Extension project. [Commission Memo 09-097] 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material. 14) CITY COMMISSIONERS' REPORTS. 15) END THE MEETING. l j ....... ..., J J ] ] " [ r- ... ,....." ""~><f ,... ......,...... ...- ..... MINUTES 53 Regular Meet~ng March 9, 2009 City Commission, Sanford, Florida E0051444IDW The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, March 9, 2009 at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Acting Mayor Art Woodruff Commissioner Velma Williams Commissioner Jack T. Bridges City Manager Robert (Sherman) Yehl City Attorney William L. Colbert City Clerk Janet R. Dougherty Deputy City Clerk Cynthia Porter Absent: Mayor Linda Kuhn Vice Mayor Randy Jones 1) Meeting was called to order by Acting Mayor Woodruff at 7 PM. 2) Invocation by Pastor Quintin Faison, Rescue Church of God. 3) Pledge of Allegiance. 4) Minutes. February 23,2009 Work Session and Regular Meetings. Commissioner Bridges moved to approve the Minutes. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye 5) PRESENTATIONS/COMMENDATIONS: None. 6) CONSENT AGENDA: [Commission Memo 09-086] Consent Item E was pulled for separate consideration. A) Approve $2,500 donation to Free to Be Me, Inc. from Law Enforcement Trust Funds. B) Seminole High School Reunion Social Special Event on Saturday, October 9th. C) 1st Annual Charity Truck Show Special Event on Sunday, March 22nd. D) Temporary Extension of Licensed Premises for St. Patrick's Day Block Party Special Event on March 14th. E) $60,501.89 budget amendment for erosion repair projects on the RiverWalk and Northshore Park. F) Approve $5,000 donation to the University of Florida in return for Dr. Ali's technical assistance with midge control. Commissioner Bridges moved to approve Consent Items A-D and F. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Commissioner Williams Commissioner Bridges Aye Aye Aye Commissioner Williams moved to approve Consent Item E. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye MINUTES 54 City Commission, Sanford, Florida Regular Meeting March 9, 2009 E00514441DW 7) PUBLIC HEARINGS: A) Second reading and adoption of Ordinance No. 4164, rezoning 4.62 acres to PD, Planned Development at 301 Northstar Court. Ad published February 25,2009. [Commission Memo 09-087] Commissioner Bridges moved to adopt Ordinance No. 4164, subject to a Development Order that will .., J include the five conditions recommended by the Planning and Zoning Commission. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Commissioner Williams Commissioner Bridges Aye Aye Aye ....., ....... 8) FIRST READING OF ORDINANCES: A) Continued from February 9, 2009: Code Enforcement Related Ordinances. Work Session Item #3. [Commission Memo 09-092] (1). Ordinance No. 4152, adopting (with amendments) the 2006 International Property Maintenance Code. Commissioner Bridges moved to approve the first reading of Ordinance No. 4152. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye (2). Ordinance No. 4153, providing additional means of code enforcement through an administrative J citation. Commissioner Williams moved to approve the first reading of Ordinance No. 4153. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: . Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye (3). Ordinance No. 4154, requiring a local representative and payment of a local business tax for residential rental properties. Commissioner Bridges moved to approve the first reading of Ordinance No. 4154. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Commissioner Williams Commissioner Bridges Aye Aye Aye J (4). Ordinance No. 4155, providing processes and procedures relating to collection of special assessments. Commissioner Bridges moved to approve the first reading of Ordinance No. 4155. Seconded by Commissioner Williams and carried by vote of the Commission as follows: ] Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye (5). Ordinance No. 4156, amending ~ 1-7 relating to general penalties to violations of the Municipal Code and providing for recoupment of costs and expenses by the City. [ r- f .... ...... .... ","'- ......... !""""'" ...... MINUTES 55 Regular M~eting March 9, 2009 City Commission, Sanford, Florida E1N1514441DW Commissioner Williams moved to approve the first reading of Ordinance No. 4156. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Commissioner Williams Commissioner Bridges Aye Aye Aye (6). Ordinance No. 4157, regulating maintenance of vacant and residential properties that are subject to foreclosure. Commissioner Williams moved to table the first reading of Ordinance No. 4157 for sixty (60) days. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye (7). Ordinance No. 4158, establishing a one percent per month interest rate (or the maXImum authorized by law, whichever is less) on charges, judgments, fines, penalties or other financial obligations due to the City. Commissioner Bridges moved to approve the first reading of Ordinance No. 4158. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye B) Ordinance No. 4165, annexing 2.48 acres at 2927 Sipes A venue. [Commission Memo 09-090] Commissioner Williams moved to approve the first reading of Ordinance No. 4165. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye C) Ordinance No. 4166, annexing 0.68 acre at 3480 Beardall Avenue. [Commission Memo 09-091] Commissioner Williams moved to approve the first reading of Ordinance No. 4166. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye D) Ordinance No. 4167, revising ordinance adoption procedures. [Commission Memo 09-088] Commissioner Bridges moved to approve the first reading of Ordinance No. 4167. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner BriGges Aye 9) OTHER ITEMS: A) Planning and Zoning Commission - appointment of alternate member. [Commission Memo 09-089] Commissioner Williams moved to appoint Lindsay Oyewale. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye MINUTES 56 Reeular Meetioe March 9. 2009 City Commission, Sanford, Florida E0051444IDW , Commissioner Bridges Aye B) Continue to March 23, 2009: Approve purchase of Projectdox software III the amount of $102,000. (Continued from February 23, 2009) Commissioner Bridges moved to continue this item to March 23, 2009. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye C) Continue to March 23, 2009: Preliminary Subdivision Plan for Ridgewood Townhomes. (Continued from January 26,2009) Commissioner Williams moved to continue this item to March 23, 2009. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye D) Resolution No. 2132, removal of board member. [Commission Memo 09-098] Commissioner Bridges moved to adopt Resolution No. 2132. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye Commissioner Williams requested attendance records for all HPB members. City Manager Yehl said that he will provide it before the next meeting. E) Authorize to proceed with property purchases for Stormwater Projects. (Work Session Item # 2) [Commission Memo 09-094] Commissioner Williams moved to continue this item for thirty (30) days. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye F) Approve purchase of the house and property at 2426 South Oak A venue for a cost not to exceed $231,457. (Work Session Item # 2) [Commission Memo 09-095] Commissioner Williams moved to continue this item for thirty (30) days. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye G) Continued from February 23, 2009: 800 W. 13th Street - request to waive or reduce $33,301.11 in Code Enforcement liens. [Commission Memo 09-096] Commissioner Williams moved to reduce the lien to $12,500, with the stipulation that payment is due in ninety (90) days, and if not paid the lien reverts to the original amount. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye ] ..., J ., .J J ] [ r- l r ... ,.- ...... ...... ..... MINUTES 57 City Commission, Sanford, Florida R~ular Meeting March 9, 2009 EOOSI444IDW Commissioner Williams Aye Commissioner Bridges Aye H) Approve purchase of four properties in amount of $410,000 for construction of the Oleander A venue Extension project. [Commission Memo 09-097] Commissioner Bridges moved to approve the purchase. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Acting Mayor Woodruff Commissioner Williams Commissioner Bridges Aye Aye Aye ADD-ON ITEM: I) Approve payment of $248,750 to Calvin Smith for full and final settlement of his August 30, 1999, work related injury. Commissioner Williams moved to approve the payment. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Acting Mayor Woodruff Aye Commissioner Williams Aye Commissioner Bridges Aye 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN P ARTICIP A TION. 14) CITY COMMISSIONERS' REPORTS. Acting Mayor Woodruff said that about two years ago the Commission approved partial closure of Pinefield Drive at the intersection of Brisson Avenue in the Celery Lakes Subdivision. A resident said that her driveway is partially blocked because ofthe concrete median that was installed as part of that closure and she is requesting that it be modified. Public Works Director Tom George suggested that he, Acting Mayor Woodruff, and Celery Lakes Home Owners Association President Gary Einstein meet with the resident to discuss possible solutions. 15) END THE MEETING. There being no further business, the meeting was adjourned at 9:25 PM. ~ ~-~. May Linda Kuhn c~ Attest: 9f:g:f .~~ cp