112805 rm agn & min
MINUTES
238
City Commission, Sanford, Florida
Rf'glll"r Mf'f'fing A.~nda ~OVf'mbf'r' 28,...2.005
EPNIlI072
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, NOVEMBER 28,2005
7:00 P.M.
City Commission Chambers
1st Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
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"".... '10 f'O..;""'-'''"'u''''
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 A V AILABLE 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 TIDS
PUBLIC MEETING, SUCH PERSON WILL 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 WIDCH THE APPEAL IS TO BE BASED.
This record is not provided by the City of Sanford.
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AGENDA
1) Meeting call to order by Mayor Kuhn.
2) Invocation by Pastor Harlin Walker, Word of Faith and Deliverance Church.
3) Pledge of Allegiance.
4) Minutes of November 14,2005, Work Session and Regular Meetings.
5) PRESENT A TIONS/COMMENDA TIONS:
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.
]
None.
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 readine and adoption of Ordinance No. 3962 annexing 4.78 acres at 1700 Lowe Avenue, Arthur
1. Chick, Sr., Erma H. Chick and Arthur 1. Chick, Jr., owners. Ad published November 16 and 23,2005.
[Commission Memo 06-061]
B) Second readine and adoption of Ordinance No. 3963 annexing 4.3 acres at 3310 W. 1st Street (W. SR
46), HUD-ONE, LLC, owner. [Commission Memo 06-060]. Ad published November 16 and 23,2005.
C) First readine of Ordinance No. 3958 amending the existing BOZM PD, Planned Development Master Plan,
to allow for vehicular accessory sales and installation facility/rezoning 4.64 acres at 4437 W. 1 at Street.
(Rehearing, ad published November 20,2005) [Commission Memo 06-009]
8)
FIRST READING OF ORDINANCES:
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A) First of two readin~s of Ordinance No. 3964 annexing 4.89 acres at 2450 Beardall Avenue. [Commission
Memo 06-057]
B)
First of two readines of Ordinance No. 3965 amending the Firefighters' Retirement System. [Commission
Memo 06-059]
C)
First of two readines of Ordinance No. 3966 amending the Police Officers' Retirement System.
[Commission Memo 06-059]
]
9) OTHER ITEMS:
A) Sanford/Seminole Chamber of Commerce Fundine A~reement. (WS-2) [Commission Memo 06-063]]
B) Fishine in the Marina area along the RiverWalk. (WS-3) [Commission Memo 06-062]
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City Commission, Sanford, Florida RpgJllsr Mppting Agpnds Novpmhpr 28,2005
EPN11I072
Fort Mellon Park Master Plan Scope of Services. [Commission Memo 06-053]
C)
D)
Affirmation of a Variance to the front yard setback for 1209 Myrtle Avenue; Burlin and Alexis Petiprin,
owners.) [Commission Memo 06-058]
[
E)
Riaht-of-Way Use Aareement for installation of awnings at 407-409 W. lIt Street; Raymond Kulpa, owner.
[Commission Memo 06-054]
F) Professional Services Aereement with Architects Design Group, Inc. for the Public Safety Complex.
[Commission Memo 06-065]
G)
Sanford South Water Resource Center Phase 1: Change Order #1 in amount of $522,300. [Commission
Memo 06-052]
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H)
Hiahway 17-92/1-4 Ramp - Utility Relocation Project: Change Order #6 in amount of$45,955.
[Commission Memo 06-049]
I) Veteran's Memorial Park Grant Agreement acceptance. [Commission Memo 06-055]
J) Seminole Towne Center Community Redevelopment Area funding shortfall- transfer of$13,538.11 from
general fund reserves. [Commission Memo 06-064]
K) Request from GoldenRule Bousine & Community Development Corporation for waiver of a lien at 610
Hickory Avenue.
10) CITY ATTORNEY'S REPORT.
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
13) CITIZEN P ARTICIP A TION.
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14) CITY COMMISSIONERS' REPORTS.
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15) END THE MEETING.
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MINUTES
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City Commission, Sanford, Florida
tlpgv1ftf' l\1~pting Mim.tt"S Novf'mber 2.8,....2005
EPNIll072
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, November 28, 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 Jack T. Bridges
City Manager Robert (Sherman) Yehl
City Attorney William L. Colbert
Deputy City Clerk Cynthia Porter
]
Absent:
City Clerk Janet R. Dougherty
1)
Meeting was called to order by Mayor Kuhn at 7:08 P.M.
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2) Invocation by Pastor Harlin Walker, Word of Faith and Deliverance Church.
3) Pledge of Allegiance.
4) Minutes of November 14. 2005 Work Session and Reeular Meetines.
Vice Mayor Dr. Williams moved to approve the minutes. 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 Bridges Aye
5) PRESENTATIONS/COMMENDATIONS:
None.
]
6)
CONSENT AGENDA:
None.
7) PUBLIC HEARINGS:
A) Second readine and adoption of Ordinance No. 3962 annexing 4.78 acres at 1700 Lowe Avenue; Arthur 1.
Chick, Sr., Erma H. Chick and Arthur 1. Chick, Jr., owners. Ad published November 16 and 23, 2005.
[Commission Memo 06-061]
Commissioner Jones moved to adopt Ordinance No. 3962. 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 Bridges Aye
]
B)
Second readin8 and adoption of Ordinance No. 3963 annexing 4.3 acres at 3310 W. 1st Street (W. SR 46);
HUD-ONE, LLC, owner. [Commission Memo 06-060]. Ad published November 16 and 23,2005.
Commissioner Woodruff moved to adopt Ordinance No. 3963. Seconded by Commissioner Jones and carried
by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Bridges
Aye
Aye
Aye
Aye
Aye
]
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MINUTES
241
City Commission, Sanford, Florida Regular Meeting Minutes November 28.2005
EPNIII072
C) First readine of Ordinance No. 3958 amending the existing BGZM PO, Planned Development Master Plan,
to allow for vehicular accessory sales and installation facility/rezoning 4.64 acres at 4437 W. }It Street.
(Rehearing, ad published November 20,2005) [Commission Memo 06-009]
Scott Stuart, Kelly, Collins & Gentry, Inc. (KCG), representing BGZM, distributed and reviewed information
regarding the proposed Tire Kingdom.
After discussion, Commissioner Jones moved to approve the first reading of Ordinance No. 3958 to amend the
existing BGZM Planned Development Master Plan, with the addition of dormers running the length of the building, include
decorative lentils above the bay doors as noted in photographs of the Bluffion, South Carolina design provided by the applicant,
and the new parking and landscape plan pending approval of the Planning Staff. Seconded by Commissioner Woodruff and
carried by vote of the Commission as follows:
Mayor Kuhn Nay
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
8) FIRST READING OF ORDINANCES:
A) First of two readinls or Ordinance No. 3964 annexing 4.89 acres at 2450 Beardall Avenue. [Commission
Memo 06-057]
Commissioner Jones moved to approve the first reading of Ordinance No. 3964. Seconded by Commissioner
Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Bridges
Aye
Aye
Aye
Aye
Aye
B) First of two readines of Ordinance No. 3965 amending the Firefighters' Retirement System. [Commission
Memo 06-059]
Commissioner Woodruff moved to approve the first reading of Ordinance No. 3965 with the change of making
the rate of return on the drop program the actual plan rate of return. Seconded by Commissioner Jones and carried by vote of
the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Bridges
Aye
Aye
Aye
Aye
Aye
C)
First ortwo readinp of Ordinance No. 3966 amending the Police Officers' Retirement System. [Commission
Memo 06-059]
Commissioner Woodruff moved to approve the first reading of Ordinance No. 3966 with the change that the
contributions under the DROP program get the plan rate of return. 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 Bridges Aye
MINUTES
242
City Commission, Sanford, Florida
Re~lIlar Meeting Minllte~ Nnvemh~r 28,....2{)05
EPNlllon
9) OTHER ITEMS:
A) Sanford/Seminole Chamber of Commerce Fundin, Aereement. (WS-2) [Commission Memo 06-063]]
After discussion, Commissioner Jones moved to approve the two year Funding Agreement with the Chamber
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of Commerce as provided in today's Agenda, with the stipulation that a meeting or a series of meetings be set up with the full
Chamber Board and the City Manager so they know the City's position so they are able to plan appropriately their strategies
of business, marketing, and advertising both for themselves and the City. Seconded by Commissioner Woodruff. After further
discussion, Commissioner Jones amended his motion to add the provision that the Chamber shall provide an annual financial
]
audit at the end of their fiscal year beginning with the end of2005, and that the first half of the payment will be paid now and
the second half of the payment will be made after the audit is presented. Seconded by Commissioner Woodruff and carried
by vote of the Commission as follows:
Mayor Kuhn Nay
Vice Mayor Dr. Williams Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Nay
B) Fishinl in the Marina area along the RiverWalk. (WS-3) [Commission Memo 06-062]
Debra Linton, resident at the marina, submitted to the City Clerk a petition to ban fishing inside the entire marina
basin, and a letter of support to ban fishing in the marina basin from Tim Clinger.
After discussion, Commissioner Woodruff moved that Staff prepare an ordinance restricting fishing from
Memorial Island to Sanford Avenue. Seconded by Commissioner Jones and carried by vote of the Commission as follows:
]
Mayor Kuhn Aye
Vice Mayor Dr. Williams Nay
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
C) Fort Menon Park Master Plan Scope of Services. [Commission Memo 06-053]
Commissioner Woodruff moved to approve the Scope of Services as presented by Bellomo-Herbert for the
master plan development of Fort Mellon Park. 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 Bridges Aye
]
D)
Affirmation of a Variance to the front yard setback for 1209 Myrtle Avenue; Burlin and Alexis Petiprin,
owners. [Commission Memo 06-058]
Commissioner Jones moved to approve the affirmation of the variance at 1209 Myrtle Avenue. 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 Bridges Aye
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E) Riaht-of-Way Use Alreement for installation of awnings at 407-409 W. 1st Street; Raymond Kulpa, owner.
[Commission Memo 06-054]
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MINUTES
243
City Commission, Sanford, FBflIvlar Meeting Minutes November 28.2005
EPNl1l072
Commissioner Woodruff moved to approve the Right-of-Way Use Agreement for 407-409 W. 1st Street.
Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Bridges
Aye
Aye
Aye
Aye
Aye
F) Professional Services Aereement with Architects Design Group, Inc. for the Public Safety Complex.
[Commission Memo 06-065]
Commissioner Woodruff moved to approve the Professional Services Agreement with Architects Design Group,
for the design of the Public Safety Complex at 18th StreetlFrench Avenue, unless the 13th Street site becomes available; subject
to the City Attorney's comments/changes as presented in the memo provided today to Mr. Smith, and the change requested by
Commissioner Bridges to correct Attachment G, 1.2.13, Additional Services, to reflect $403,894.00. Seconded by
Commissioner Bridges and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Nay
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
G) Sanford South Water Resource Center Phase 1: Change Order #1 in amount of $522,300. [Commission
Memo 06-052]
Commissioner Woodruff moved to approve Change Order #1. Seconded by Commissioner Jones and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Aye
Commissioner W oodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
H) Biahway 17-92/1-4 Ramp - Utility Relocation Proiect: Work Order #6 in the amount of $45,955.
[Commission Memo 06-049]
Commissioner Jones moved to approve Work Order #6 with CPH Engineers. Seconded by Commissioner
Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Bridges
Aye
Aye
Aye
Aye
Aye
I)
Veteran's Memorial Park Grant Agreement acceptance. [Commission Memo 06-055]
Commissioner Jones moved to accept the Grant Agreement and to authorize the Mayor to execute the
Agreement. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Bridges
Aye
Aye
Aye
Aye
Aye
1) Seminole Towne Center Community Redevelopment Area funding shortfall- transfer of$13,538.11 from
general fund reserves. [Commission Memo 06-064]
Commissioner Woodruff moved to approve the use of General Fund Reserves in the amount of$13,538.11 to
MINUTES
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City Commission, Sanford, Florida
R~lar Meeting Minutes November Z8J005
EPN1110n
cover the funding shortfall in the Seminole Towne Center CRA Fund. Seconded by Commissioner Jones and carried by vote
of the Commission as follows:
Mayor Kuhn
Vice Mayor Dr. Williams
Commissioner Woodruff
Commissioner Jones
Commissioner Bridges
Aye
Aye
Aye
Aye
Aye
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K) Request from GoldenRule Rousin, & Community Development COllloration for waiver of a lien at 610
Hickory Avenue.
Commissioner Jones moved to not waive the lien. Seconded by Commissioner Bridges and carried by vote of
]
the Commission as follows:
Mayor Kuhn Aye
Vice Mayor Dr. Williams Nay
Commissioner Woodruff Nay
Commissioner Jones Aye
Commissioner Bridges Aye
10) CI1Y ATTORNEY'S REPORT.
City Attorney Colbert announced that the Jett Aire hearing is scheduled for tomorrow morning at 9:30. The
City is one of the defendants. He requested that any available Commissioner be present at the hearing.
11) CITY CLERK'S REPORT.
No report.
12) CITY MANAGER'S REPORT.
No report.
]
13) CITIZEN PARTICIPATION.
14) CITY COMMISSIONERS' REPORTS.
15) END THE MEETING.
There being no further business, the meeting was adjourned at 9:33 P.M.
--
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Mayor Li a Kuhn
Attest:
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