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081009 rm agn & min 150 E00514441DW MINUTES City Commission, Sanford, FloridRegalaF MeetiRg .A.aga,s! 10,1009 ,.. I ~ CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1 st Floor Sanford City Hall 300 North Park Avenue Sanford, Florida MONDAY, AUGUST 10, 2009 7 PM ~---------------------------------------------------------------------------------------- In accordance with the Americans with Disabilities Act, persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at 407.688.5010 at least 48 hours in advance of the meeting. r- f ... Advice to the public: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he or she may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) -------------------------------------------------------------------------------------------- Time (approximate) 7:00 1 } 2) 3} 4) 7:05 5) 7:05 6) A) ,.... ~ B) C) D) E) F) G) H) I) J) 7:07 7) - ...... "... ..... AGENDA Meeting call to order by Mayor Kuhn. Invocation: Rev. Jose R. Molina, Co-Founder - Rehoboth Pentecostal Movement Pledge of Allegiance. Minutes. January 28,2008 Work Session; February 11,2008 Work Session; February 25,2009 Work Session; July 27,2009 Work Session and Regular Meetings. PRESENTATIONS/COMMENDATIONS: None. 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 09-268] Approve use of State law Enforcement Trust Funds in the amount of $10,000 for Gun Buy-Back program. Approve $29,000 increase in Blanket Purchase order to Ten-8 Fire Equipment for apparatus maintenance. Approve Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with Orange County Sheriff's Office. Approve Interlocal Agreement with Seminole County School Board for School Resource Officer funding. Approve transfer of funds in the amount of $3,000 from the Fire Department operational capital account to the capital replacement account for replacement of a thermal imaging camera. Approve Change Order Number One and authorize issuance and recordation of Notice of Final Completion for Westside Community Center. Approve 2009 CPI rate adjustment increase in the amount of 2.14 percent for Waste Pro of Florida, Inc. Approve Special Event: Bikefest 2009 on October 9, 10 and 11 J 2009. Approve Special Event: "Run for the Girls' on October 3, 2009. Agreement for use of property at 1400 S. French Avenue for Gun Buy-Back Program. 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; fmal- City Commission motion, discussion and action.) A) Second Reading: Ordinance No. 4184, amending Section 86-71 of the City Code relating to Solid Waste and Solid Waste franchise. Ad published July 25, 2009. [Commission Memo 09-269] B) Second Reading: Ordinance No. 4185, amending Section 86-122 of the City Code providing for Consumer Price Index (CPI) regular rate adjustments. Ad published July 25, 2009. [Commission Memo 09-270] C) First Reading: Ordinance No. 4186, annexing 3.39 acres at 348 and 370 Monroe Road. Ad published August 8, 2009. Applicants/Property Owners: Stephen Kohler, Douglas Lee, Gale Kohler, Ina Lee. [Commission Memo 09-271] First Reading: Ordinance No. 4187, annexing 4.85 acres at 799 W. lake Mary Blvd. Ad published August 8,2009. Applicants/Property Owners: Insight Financial Credit Union and Seminole Community College Foundation, Inc. [Commission Memo 09-272] E) First Reading: Ordinance No. 4188, Small Scale Comprehensive Plan Amendrhent for 540 Pecan Avenue. Ad published August 8, 2009. ApplicanUProperty Owners: Men, Women & Youth in Action USA, Inc. [Commission Memo 09-273] D} F) First Reading: Ordinance No. 4189, rezoning 1.79 acres located at 540 Pecan Avenue from RI-1, Restricted Industrial to PD, Planned Development. Ad published August 8,2009. ApplicanUProperty Owners: Men, Women & Youth in Action USA, Inc. [Commission Memo 09-274] MINUTES 151 City Commission, Sanford, Florida Au~ust 19, 29@- Regular MeetiRg E00514441DW G) First Reading: Ordinance No. 4182, rezoning 97.99 acres in the Georgetown Neighborhood. Ad published August 1, 2009. Applicant: City of Sanford. Property Owners: Various. [Commission Memo 09-279] H) Request to amend Development Agreement with Gateway Riverwalk, LLC. to allow Professional Office uses at land located at 155-195 W. Seminole Blvd. Notices sent to affected property owners July 30, 2009; ad published August 1, 2009. Applicant: Robert Horian; Property Owner: Gateway Riverwalk, LLC. [Commission Memo 09-276] I) Development Agreement with David Maus Toyota to allow additional signage for David Maus Toyota located at 1160 Rinehart Road. Notices sent to affected property owners July 30, 2009; ad published August 1, 2009. Applicants: Denise Martin, Van Tuyl Group & Tom Buck, David Maus Toyota.; Property Owner: PA Marina Inc. [Commission Memo 09-277] J) Continued from June 8, 2009: 808/810 Celery Avenue - Condemnation of structure. Notice sent to owners April 30, 2009; property posted April 30, 2009; ad published May 3 and 10, 2009. [Commission Memo 09-283] 7:45 8) OTHER ITEMS: A) Continued from July 27, 2009: Confirmation of Mayor Kuhn's appointment to the Sanford Housing Authority. · Jacalyn Williams (new appointee) B) Right-of-Way Use Agreement to allow temporary parking in the alley adjacent to single family residence located at 2019 Park Avenue. ApplicanUOwner: Andrew & Janice Kutz. [Commission Memo 09-278] C) Approve Final Plat for Riverview Townhomes, Phase II. [Commission Memo 09-280] D) Request to waive or reduce $32,167.10 in liens on property at 1510 W.15th Street, 1602 W. 15th St., and 1604 W. 15th Street. [Commission Memo 09-282] 9) CITY ATTORNEY'S REPORT. A) Request for authorization to seek opinion from the Florida Attorney General relative to dual office holding issue pertaining to Police Officers Retirement System Board of Trustees. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material. 13) 14) CITY COMMISSIONERS' REPORTS. END THE MEETING. ~ :1 ..... .... ~ ... ]1 .1 J J '-:c ~. . MINUTES 152 City Commission, Sanford, F1ori<itegular .M:eetiBg }..ugust 19, 2999 E0051444IDW The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, August 10,2009, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Linda Kuhn Vice Mayor Randy Jones Commissioner Art Woodruff Commissioner Velma Williams Deputy City Manager Kristi Aday City Attorney William L. Colbert City Clerk Janet R. Dougherty Administrative Specialist Pat Lee [ ,... Absent: Commissioner Jack T. Bridges City Manager Robert (Sherman) Yehl .... 1) Meeting was called to order by Mayor Kuhn at 7 PM. Commissioner Woodruff moved to excuse Commissioner Bridges' absence. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye 2) Invocation by Rev. Jose R. Molina, Co-Founder, Rehoboth Pentecostal Movement. 3) Pledge of Allegiance. 4) Minutes. January 28, 2008 Work Session; February 11, 2008 Work Session; February 25, 2008 Work Session; July r- ...... 27, 2009 Work Session and Regular Meetings. Commissioner Woodruff moved to approve the Minutes. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye 5) PRESENT A TIONS/COMMENDA TIONS: None. 6) CONSENT AGENDA: [Commission Memo 09-268] A) Approve use of State Law Enforcement Trust Funds in the amount of $1 0,000 for Gun Buy Back program. - B) C) Approve Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with Approve $29,000 increase in Blanket Purchase order to Ten-8 Fire Equipment for apparatus maintenance. .... Orange County Sheriffs Office. D) ,... E) ..... F) Approve Interlocal Agreement with Seminole County for School Resource Officer funding. Approve transfer of funds in the amount of $3,000 from the Fire Department operational capital account to the capital replacement account for replacement of a thermal imaging camera. Approve Change Order Number One and authorize issuance and recordation of Notice of Final Completion for Westside Community Center. G) Approve 2009 CPI rate adjustment increase in the amount of2.14 percent for Waste Pro of Florida, Inc. H) Approve Special Event: Bikefest 2009 on October 9, 10 and 11,2009. MINUTES 153 City Commission, Sanford, Florida R~gHlar ~lediBg August 18, 2889 '- EOO51444IDW I) Approve Special Event: "Run for the Girls" on October 3,2009. J) Agreement for use of property at 1400 S. French Avenue for Gun Buy-Back Program. Commissioner Williams moved to approve the Consent Agenda. Seconded by Vice Mayor Jones and carried Mayor Kuhn Vice Mayor Jones Commissioner Woodruff Commissioner Williams ] by vote of the Commission as follows: Aye Aye Aye Aye 7) PUBLIC HEARINGS: A) Second Reading: Ordinance No. 4184, amending Section 86-71 of the City Code relating to Solid Waste J and Solid Waste franchise. Ad published July 25,2009. [Commission Memo 09-269] Commissioner Woodruff moved to adopt Ordinance No. 4184. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye B) Second Reading: Ordinance No. 4185, amending Section 86-122 of the City Code providing for Consumer Price Index (CPI) regular rate adjustments. Ad published July 25,2009. [Commission Memo 09- 270] Vice Mayor Jones moved to adopt Ordinance No. 4185. Seconded by Commissioner Williams and carried by vote of the Commission as follows: ., i .. Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye C) First Reading: Ordinance No. 4186, annexing 3.39 acres at 348 and 370 Monroe Road. Ad published August 8, 2009. Applicants/Property Owners: Stephen Kohler, Douglas Lee, Gale Kohler, Ina Lee. [Commission Memo 09-271] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4186. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye J D) First Reading: Ordinance No. 4187, annexing 4.85 acres at 799 W. Lake Mary Blvd. Ad published August 8, 2009. Applicants/Property Owners: Insight Financial Credit Union and Seminole Community College Foundation, Inc. [Commission Memo 09-272] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4187. Seconded by Vice J Mayor Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye E) First Reading: Ordinance No. 4188, Small Scale Comprehensive Plan Amendment for 540 Pecan ,... I L. r- .... r- ({ -..... r L ,...... I .... 154 EOOSl444IDW MINUTES Regular Meeting August 10, 2009 City Commission, Sanford, Florida Avenue. Ad published August 8, 2009. Applicant/Property Owners: Men, Women & Youth in Action USA, Inc. [Commission Memo 09-273] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4188. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye F) First Reading: Ordinance No. 4189, rezoning 1.79 acres located at 540 Pecan Avenue from RI-1, Restricted Industrial to PD, Planned Development. Ad published August 8, 2009. Applicant/Property Owners: Men, Women & Youth in Action USA, Inc. [Commission Memo 09-274] Commissioner Williams moved to approve the first reading of Ordinance No. 4189. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye G) First Reading: Ordinance No. 4182, rezoning 97.99 acres in the Georgetown Neighborhood. Ad published August 1, 2009. Applicant: City of Sanford. Property Owners: Various. [Commission Memo 09-279] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4182. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye H) Request to amend Development Agreement with Gateway Riverwalk, LLC. to allow Professional Office uses at land located at 155-195 W. Seminole Blvd. Notices sent to affected property owners July 30,2009; ad published August 1, 2009. Applicant: Robert Horian; Property Owner: Gateway Riverwalk, LLC. [Commission Memo 09-276] Commissioner Williams moved to approve the request to amend the Development Agreement with Gateway Riverwalk, LLC, based on consistency with the Comprehensive Plan and Land Development Regulations and subject to the conditions recommended by the Planning and Zoning Commission, with the change in condition 2 that the approximately 17 spaces shown on the drawing shall be used exclusively for the business during business hours yet to be determined; condition 1, that the land east of the western edge of the sidewalk extending from City Hall to Seminole Boulevard shall be conveyed back to the City. The sidewalk was installed by the City and the subject area has continued to be maintained by the City as a part of City Hall; and condition 3, that all necessary site and building improvements must be completed prior to issuance of a Certificate of Occupancy. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye MINUTES 155 Regular Meeting August 10, 2009 City Commission, Sanford, Florida EOO51444IDW Mayor Kuhn announced that per Florida Statute 163.3225(2), the second public hearing to consider th ] Development Agreement will be held on August 24, 2009 at 7 PM, or as soon thereafter as practicable, in the Commissio Chambers at Sanford City Hall. I) Development Agreement with David Maus Toyota to allow additional signage for David Maus Toyot located at 1160 Rinehart Road. Notices sent to affected property owners July 30, 2009; ad published Augus 1,2009. Applicants: Denise Martin, Van Tuyl Group & Tom Buck, David Maus Toyota.; Property Owner PA Marina Inc. [Commission Memo 09-277] Commissioner Williams moved to execute a Development Agreement for a Video Display Sign at Davi J Maus Toyota, subject to the conditions recommended by Staff. Seconded by Vice Mayor Jones and carried by vote of th Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye Mayor Kuhn announced that per Florida Statute 163.3225(2), the second public hearing to consider th Development Agreement will be held on August 24, 2009 at 7 PM, or as soon thereafter as practicable, in the Commissio Chambers at Sanford City Hall. J) Continued from June 8, 2009: 808/810 Celery Avenue - Condemnation of structure. Notice sent to owner April 30, 2009; property posted April 30, 2009; ad published May 3 and 10,2009. [Commission Memo 09 283] ...... Vice Mayor Jones moved to continue this item for sixty (60) days. Seconded by Commissioner Woodru I .. and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye 8) OTHER ITEMS: A) Continued from July 27, 2009: Confirmation of Mayor Kuhn's appointment to the Sanford Honsio Authority: Jacalyn Williams (new appointee). Vice Mayor Jones moved to confirm Mayor Kuhn's appointment of Jacalyn Williams to the Sanford Housing Authority. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Jones Commissioner Woodruff Commissioner Williams Aye Aye Aye Aye J B) Right-of-Way Use Agreement to allow temporary parking in the alley adjacent to single family residence located at 2019 Park Avenue. Applicant/Owner: Andrew & Janice Kutz. [Commission Memo 09-278] Commissioner Woodruff moved to approve the right-of-way use agreement. Seconded by Vice Mayor J Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye r ~ ,..... ... r- f ....... -... .... ".... ..... 156 E0051444IDW MINUTES Regular Meeting August 10,2009 City Commission, Sanford, Florida C) Approve Final Plat for Riverview Townhomes, Phase II. [Commission Memo 09-280] Commissioner Woodruff moved to approve the Final Plat for Riverview Townhomes, Phase II. Seconded by Vice Mayor Jones and carried by vote ofthe Commission as follows: Mayor Kuhn Vice Mayor Jones Commissioner Woodruff Commissioner Williams Aye Aye Aye Aye D) Request to waive or reduce $32,167.10 in liens on property at 1510 W. 15th Street, 1602 W. 15th St., and 1604 W. 15th Street. [Commission Memo 09-282] Commissioner Williams moved to reduce the liens by 50%. The motion failed due to lack of a second. 9) CITY ATTORNEY'S REPORT. A) Request for authorization to seek opinion from the Florida Attorney General relative to dual office holding issue pertaining to Police Officers Retirement System Board of Trustees. [Commission Memo09-291 Commissioner Woodruff moved to approve the request for authorization to seek opinion from the Florida Attorney General relative to dual office holding issue pertaining to Police Officers Retirement System Board of Trustees. Seconded by Vice Mayor Jones and carried by vote ofthe Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. 13) CITY COMMISSIONERS' REPORTS. Commissioner Woodruff moved to direct the City Manager to seek a legal opinion from the City Attorney as to whether or not an appropriate decision was made regarding awarding of a recent bid for demolition of houses which related to a finding of a bidder being excluded as non-responsible. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Jones Aye Commissioner Woodruff Aye Commissioner Williams Aye 14) END THE MEETING. There being no further business, the meeting was adjourned at 9:03 PM. ~inda~~L- Attest: - --r- ~'~M ity Clerk pl/cp