062705 rm agn & min
MINUTES
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City Commission, Sanford, Florida
RegJllar Meeting A~nda June 27; 1OOS...-
EPNIIl072
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, JUNE 27, 2005
7:00 P.M.
City Commission Chamben
Ist Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
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PERSONS WITH A DISABaITY, 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 COMMfITEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR
MAY CALL 407-330-5603 FOR INFORMATION REGARDING A V AaABLE 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 WaL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH
PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBA TIM 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
1) Meeting call to order by Mayor Kuhn.
2) Invocation by Pastor Henry Todd, Ecclesia Ministries International.
3) Pledge of Allegiance.
4) Minutes of June 13, 2005 Work Session and Meeting.
5) PRESENTATIONS:
None
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.
A) Proposal for Preliminary Contamination Assessment for Ammonia Groundwater Exceedance at Art Lane
Landfill.
B) Purchasing Policy changes regarding Dollar Thresholds to Define Procurement Method and Approval Levels.
C) First Amendment to Financial Advisory Agreement with First Southwest Company to add arbitrage rebate
and compliance services applicable to issues of tax-exempt bonds.
D) Fort Mellon Park Master Plan Survey as approved by the Waterfront Master Plan Steering Committee.
E) Agreement with Cherry. Bekaert & Holland. LLP for retroactive capital assets infrastructure implementation
requirements as mandated by the GASB.
F) Final acceptance of the RiverWalk Proiect with an additional one-year warranty on the electrical system to
April 29, 2006.
G) Settlement in amount of $40.000 inclusive of claimant's attorney fees of Ms. Sonia Cauthorn's general
liability claim.
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: 1 st - staff; 2nd - applicant/requesting party; 3rd - public; final - City Commission
motion, discussion and action.)
A)
Tabled for 30 days at May 23.2005 Meeting: First of two readings of Ordinance No. 3937 to vacate alleys
lying between Celery Avenue and East 14th Street and between Cypress Avenue and Sanford Avenue. Luis
F. Munoz of Quiet Waters, LLC, applicant. Ad published May 8, 2005; owners notified May 2,2005;
property posted May 9,2005. Approve Right-of-Way Use Agreement in lieu of vacating the alleys based on
the recommendations of the Development Review Team and Utilities Department.
B) Second reading and adoption of Ordinance No. 3938 to close, vacate and abandon a north-south alley
between W. 18th Street and W. 19th Street and between Pear Avenue and Merthie Drive; Robert Foglia,
Registered Agent, ARJAY Investments II LLC, applicant; ad published June 15,2005.
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City Commission, Sanford, Florida Regular Meetine Aeenda June 27, 2005
C) Second reading and adoption of Ordinance No. 3939 to annex 0.27 acre between Poinsetta Drive and Rose
Drive and between Sanford Avenue and Palm Way; 3430 Sanford Avenue; Tesfaye B. and Thelma D. Haile,
owners. Ad published June 15 and 22, 2005.
D)
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Second reading and adoption of Ordinance No. 3940 to rezone 27.38 acres from MI-2, Medium Industrial, to
PO, Planned Development subject to execution of Development Order No. 05-0001 to allow a community of
195 townhomes at 2701 Narcissus Avenue; Development Order No. 05-000L Daly Design Group and
Keewin Real Property Company. Ad published June 15, 2005.
8) FIRST READING OF ORDINANCES:
A)
,... B)
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C)
First of two readings of Ordinance No. 3941 establishing Residency Rules for Sexual Offenders.
First of two readings of Ordinance No. 3942 implementing revised Water and Sewer Impact Fees effective
August 15,2005.
First of two readings of Ordinance No. 3943 to delete the requirement for City Director-level employees to
reside within the incorporated limits of the City of Sanford.
9) OTHER ITEMS:
E)
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F)
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G)
A) Reappoint Brian Forrest to the Code Enforcement Board.
B) 4th of July Special Event: street closures, shuttle service traffic control, and sale of beer and wine.
C) Request by Seminole County Child Abuse Prevention Task Force for approval of use of City property, street
closures, and waiver offees associated with "Community Safety Fair" Special Event Saturday, October 15,
2005.
D) Two (2) foot variance to the side yard setback to construct a garage at 1011 Oak Avenue, as approved
unanimously by the Historic Preservation Board June 9,2005; Jim and Donna McMillan, owners.
Demolition of structure at 516 E. 5th Street. Condemnation Case #03-02, Cobbin McGee and Vivian
Youngblood, owners.
Demolition of two structures at 1601 W. 10th Street. Condemnation Case #04-25, Minnie Thomas, owner.
Demolition of structure at 1801 W. 13th Place. Condemnation Case #05-04, Stanley C. Hogan and Malverse
Dunwoody, owners.
H) Removal of Condemnation from propertY at 109 E. Coleman Circle. Condemnation Case #04-23, William
Gunthorpe and Maryah Towners, owners.
I) Request from Island River Realty LLG for a 90 day time extension to obtain the proper permits to repair the
structure at 615 W. 25th Street, Condemnation Case #05-03.
1) Resolution No. 2009: 2% "catch-up" salary increase for all non-contractual employees effective the first pay
period commencing in July 2005.
K) Federal SAFER Grant Staffing Application - Fire Department Rescue 38.
10) CITY ATTORNEY'S REPORT.
11) CITY CLERK'S REPORT.
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12) CITY MANAGER'S REPORT.
....... 13) CITIZEN PARTICIPATION.
14) CITY COMMISSIONERS' REPORTS.
15) END THE MEETING.
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MINUTES
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City Commission, Sanford, Florida
RP.gIIIAr Mppting Minlltp~ .TIIDP 27, 2.Ofl5..
EPNllI072
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, June 27, 2005, at 7:00
P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida.
Present:
Mayor Linda Kuhn
Vice Mayor Dr. Velma Williams
'Commissioner Art Woodruff
Commissioner Randy Jones
Commissioner Kevin Hipes
City Manager V. Eugene Miller
City Attorney William L. Colbert
City Clerk Janet R. Dougherty
1)
Meeting call to order by Mayor Kuhn at 7:03 P.M.
2)
Invocation by Pastor Henry Todd, Ecclesia Ministries International.
3) Pledge of Allegiance.
4) Minutes of June 13, 2005 Work Session and Meeting.
Commissioner Woodruff moved to correct Item 9. A. to reflect that the Chamber of Commerce reimburse the
City 25% of the profitsfrom the event up to the total cost of the City, and to approve the Minutes of the June 13,2005 Work
Session and the June 13, 2005 Meeting as corrected. Seconded by Vice Mayor Dr. Williams and carried by vote of the
Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
5)
PRESENTATIONS:
None
6) CONSENT AGENDA:
A) PrQposal for PreliminaJ:y Contamination Assessrpent for Ammonia Groundwater Exceedance at Art Lane Landfill.
B) Purchasinl: Policy chan.ies regarding Dollar Thresholds to Define Procurement Method and Approval Levels.
C) First Amendment to Financial Advisory Aifeement with First Southwest Company to add arbitrage rebate and
compliance services applicable to issues of tax-exempt bonds.
D) Fort Mellon Park Master Plan Survey as approved by the Waterfront Master Plan Steering Committee.
E) Aireement with Cherry. Bekaert & Holland. LLP for retroactive capital assets infrastrocture implementation
requirements as mandated by the GASB.
F)
Final acce.,ptance of the RiverWalk PrQject with an additional one-year warranty on the electrical system to April
29,2006.
G) Settlement in amount of $40.000 inclusive of claimant's attorney fees of Ms. Sonia Cauthorn's general liability
claim.
The Commission removed item D, Fort Mellon Park Master Plan Survey, for separate consideration.
Commissioner Woodruff moved to approve Items 6. A through C and E through G. Seconded by Commissioner
Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
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EPNI11072
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City Commission, Sanford, Florida Re~ular Meetin2 Minutes June 27, 2005
Commissioner Hipes
Aye
D) Fort Mellon Park Master Plan Survey as approved by the Waterfront Master Plan Steering Committee.
Commissioner Jones moved to amend the survey to reduce it to one (1) sheet, remove the questions at the top
of the first page, keep the "how often visit, what time of year, what days", keep the lower one-half of the first page, keep the
two (2) check boxes at the botton of the first page, keep the second half of the second page, provide one write in section, and
list the fort as its own item and the tot lot as its own item, and to approve the survey as revised. Seconded by Vice Mayor Dr.
Williams and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Hipes
Aye
Aye
Aye
Aye
Aye
7) PUBLIC HEARINGS:
A) Tabled for 30 days at May 23.2005 Meeting: First of two readinis of Ordinance No. 3937 to vacate alleys lying
between Celery Avenue and East 14th Street and between Cypress Avenue and Sanford Avenue. Luis F. Munoz
of Quiet Waters, LLC, applicant. Ad published May 8,2005; owners notified May 2,2005; property posted May
9,2005. Approve Riiht-of-Way Use Ajueement in lieu ofvacatini the alleys based on the recommendations of
the Development Review Team and Utilities Department.
Commissioner Woodruff moved to approve the Right-of-Way Use Agreement with the added requirement that
the applicant install a light, for security, on the existing light pole. Seconded by Commissioner Hipes and carried by vote of the
Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
B) Second reading and adoption of Ordinance No. 3938 to close, vacate and abandon a north-south alley between
W. 18th Street and W. 19th Street and between Pear Avenue and Merthie Drive; Robert Foglia, Registered
Agent, ARJA Y Investments II LLC, applicant; ad published June 15,2005.
Commissioner Hipes moved to adopt Ordinance No. 3938. Seconded by Vice Mayor Dr. Williams and carried
by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Hipes
Aye
Aye
Aye
Aye
Aye
C)
Second 1'el'lniTli and ado.ption of Ordinance No. 3939 to annex 0.27 acre between Poinsetta Drive and Rose Drive
and between Sanford Avenue and Palm Way; 3430 Sanford Avenue; Tesfaye B. and Thelma D. Haile, owners.
Ad published June 15 and 22, 2005.
Commissioner Jones moved to adopt Ordinance No. 3939. Seconded by Vice Mayor Dr. Williams and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
MINUTES
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City Commission, Sanford, Florida
Regular Meeting Minutes June 27, 2.illlS.
EPN11l072
Commissioner Jones Aye
Commissioner Hipes Aye
D) Second readin~ and adoption of Ordinance No. 3940 to rezone 27.38 acres from MI-2, Medium Industrial, to
PD, Planned Development subject to execution of Development Order No. 05-0001 to allow a community of
195 townhomes at 2701 Narcissus Avenue; Development Order No. 05-0001: Daly Design Group and Keewin
Real Property Company. Ad published June 15, 2005.
Commissioner Hipes moved to adopt Ordinance No. 3940 and approve Development Order No. 05-000 I.
Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Nay
Commissioner Jones Aye
Commissioner Hipes Aye
8) FIRST READING OF ORDINANCES:
A) First of two readin~s of Ordinance No. 3941 establishing Residency Rules for Sexual Offenders.
Commissioner Jones moved to approve the first reading of Ordinance No. 3941. Seconded by Commissioner
Hipes and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
B)
First of two readin~s of Ordinance No. 3942 implementing revised Water and Sewer Impact Fees effective
August 15,2005.
Commissioner Woodruff moved to approve the first reading of Ordinance No. 3942. Seconded by Commissioner
Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
C) First of two readinis of Ordinance No. 3943 to delete the requirement for City Director-level employees to reside
within the incorporated limits of the City of Sanford.
Commissioner Woodruff moved to amend the ordinance to require City Director-level employees to reside within
five (5) miles of the corporate limits of the City of Sanford, and approve the first reading of Ordinance No. 3943 as amended.
Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Hipes
Aye
Aye
Aye
Nay
Aye
9)
OTHER ITEMS:
A) Reappoint Brian Forrest to the Code Enforcement Board.
Commissioner Jones moved to reappoint Brian Forrest to the Code Enforcement Board. Seconded by
Commissioner Woodruffand carried by vote of the Commission as follows:
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MINUTES
129,
City Commission, Sanford, Florida
Rpgular Mppting Minlltp!l .Tllne 27, 2005
EPNll1072
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
B)
4th of July Special Event: street closures, shuttle service traffic control, and sale of beer and wine.
Commissioner Jones moved to approve the 4th of July Special Event street closures, shuttle service traffic control,
and sale of beer and wine.. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Hipes
Aye
Aye
Aye
Aye
Aye
C) Request by Seminole County Child Abuse Prevention Task Force for approval of use of City property, street
closures, and waiver of fees associated with "Connnunity Safety Fair" Special Event Saturday, October 15,2005.
Commissioner Jones moved to approve the Community Safety Fair Special Event use of city
property and street closures, and to deny the request for waiver of fees. Seconded by Commissioner Woodruff
and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
D) Two (2) foot variance to the side yard setback to construct a garage at 1011 Oak Avenue, as approved
unanimously by the Historic Preservation Board June 9,2005; Jim and Donna McMillan, owners.
Commissioner Jones moved to affirm the variance. Seconded by Vice Mayor Dr. Williams and carried by vote
of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
E) Demolition of structure at 516 E. 5th Street. Condemnation Case #03-02, Cobbin McGee and Vivian
Youngblood, owners.
Commissioner Woodruff moved to authorize demolition of the structure at 516 E. 5th Street. Seconded by
Commissioner Hipes and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Hipes
Aye
Aye
Aye
Aye
Aye
F)
Demolition of two structures at 1601 W. 10th Street. Condemnation Case #04-25, Minnie Thomas, owner.
Vice Mayor Dr. Williams moved to continue this item for two weeks for inspection and verification of work done.
Seconded by Commissioner Woodruffand carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
.
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City Commission, Sanford, Florida
Regular Meeting Minutes June 27., 2005
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G) Demolition of structure at 1801 W. 13th Place. Condemnation Case #05-04, Stanley C. Hogan and Malverse
Dunwoody, owners.
Commissioner Woodruff moved to continue this item for two weeks to notifY the mortgagor. Seconded by Vice
Mayor Dr. Williams and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Hipes
Aye
Aye
Aye
Aye
Aye
H)
Removal of Condemnation from property at 109 E. Coleman Circle. Condemnation Case #04-23, William
Gunthorpe and Maryah Towners, owners.
Commissioner Hipes moved to remove condemnation from the property at 109 E. Coleman Circle. Seconded
by Commissioner Woodruffand carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
I) Request from Island River Realty LLC for a 90 day time extension to obtain the proper permits to repair the
structure at 615 W. 25th Street, Condemnation Case #05-03.
Commissioner Woodruff moved to authorize a 90 day time extension for the property at 615 W. 25th Street.
Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
J) Resolution No. 2009: 2% "catch-up" salat:)' increase for all non-contractual employees effective the first pay
period commencing in July 2005.
Commissioner Jones moved to adopt Resolution No. 2009. Seconded by Commissioner Woodruff and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Hipes Aye
K)
Federal SAFER Grant Staffinll AlU)lication - Fire Department Rescue 38.
Commissioner Jones moved to approve the Federal SAFER Grant Staffing Application. Seconded by
Commissioner Woodruffand carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Hipes
Aye
Aye
Aye
Aye
Aye
10) CITY ATTORNEY'S REPORT.
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
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131.
City Commission, Sanford, Florida Regular Meeting Minutes June 27,2005
EPNlllon
City Manager Miller reported that all the ads for City Manager have been sent out.
13) CITIZEN PARTICIPATION.
Doreen Freeman commented regarding Item 6. D., Fort Mellon Park Master Plan Survey.
Lori Willis commended the Sanford Police Department bike patrol, and thanked the Commission for action on
Item 8. A., Ordinance No. 3941 establishing Residency Rules for Sexual Offenders.
Virgil Hurley commented on parking signs going up downtown, brick rehabilitation, no flooding during recent
heavy rainfall, commended efforts to reduce boards, reported that in some communities a three person staff committee previews
items before sending to the Historic Preservation Board, reported motorcycles are being parked on the sidewalk downtown,
reported trucks on 1 st Street, reported many downtown buildings have dry wood termites and those owners who want to tent
their building can not get permission from adjoining owners to tent, and reported procedures he is going through to comply with
the new grease trap regulations.
14) CITY COMMISSIONERS' REPORTS.
Commissioner Hipes requested that City Manager Miller be proactive in using his expertise and contacts to get
the best possible City Manager candidates.
Commissioner Woodruff reported the city needs to move forward with a Lake Mary Boulevard Master Plan.
15) END THE MEETING.
There being no further business, the meeting was adjourned at 9:36 P.M.
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ity Clerk ..
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City Commission, Sanford, Florida
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