101209 rm agn & min
CITY OF SANFORD
CITY COMMISSION MEETING
MONDAY, OCTOBER 12, 2009
7 PM
City Commission Chambers
15t Floor
Sanford City Hall
300 North Park Avenue
Sanford, Florida
----------------------------------------------~~------------------
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.
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)
AGENDA
Time (aooroximate)
7:00 1 )
2)
3)
4)
Meeting call to order by Mayor Kuhn.
Invocation by Bishop Dr. Enrique Hernandez, President of Spanish American
International Chaplain Association
Pledge of Allegiance.
Minutes.
September 28,2009 Work Session and Regular Meeting.
7:05 5)
7:05 6)
PRESENT ATIONS/COMMENDATIONS:
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 09-328]
A) Retire service weapon serial #UU 607 760 and authorize retired police officer
William Wixson to receive his service weapon.
B) Approve amendments to Collective Bargaining Agreement between the City of
Sanford and the Fraternal Order of Police.
C) Approve award of Air Monitoring Agreement to GEl Consultants for the Sanford
Gasification Plant Site Remediation Project.
D) Approve purchase of Fire Department protective clothing from Fisher
Scientific/Fisher Safety in the amount of $65,000.
7:07 7)
7:30 8)
E) Approve proposal from Ardaman & Associates for groundwater consulting services
at an annual cost of $39,300.
F) Approve the First Amendment to the Fourth Participation Agreement for the
Sanford Gasification Plant Site Remediation.
G) Approve the First Amendment to the Sanford Gasification Plant Site 2009 Escrow
Agreement.
H) Approve Site Unseen, Inc. Access and Remediation Agreement for the Sanford
Gasification Plant Site Group.
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) Table indefinitely: Second reading and adoption of Ordinance No. 4191,
amending Section 86-72 of City Code, providing for single family residence
construction or industrial waste non-exclusive permit. Ad published September 27,
2009.
B) First reading of Ordinance No. 4192, pertaining to Evergreen Municipal
Cemetery operations and fees. Ad published October 11, 2009. [Commission
Memo 09-329]
C) Second reading and adoption of Ordinance No. 4181, amending the
Comprehensive Plan re: Georgetown. Ad published Oct. 4, 2009. [Commission
Memo 09-331]
D) Second reading and adoption of Ordinance No. 4182, rezoning 97.99 acres in
the Georgetown Neighborhood. Ad published Oct. 4, 2009. Applicant: City of
Sanford. Property Owners: Various. [Commission Memo 09-332]
E) Second reading and adoption of Ordinance No. 4187, annexing 4.85 acres at
799 W. lake Mary Blvd. Ad published Sept. 30, 2009. Applicants/Property
Owners: Insight Financial Credit Union and Seminole Community College
Foundation, Inc. [Commission Memo 09-333]
F) Continued from June 8, 2009: 903 W. 10th Street. demolition of structure.
Notice sent to owners April 30, 2009; property posted April 30, 2009; ad
published May 3 and 10, 2009. Andrae Williams and Larry Eason, owners.
[Commission Memo 09-338]
OTHER ITEMS:
A) Resolution No. 2160, imposing a special assessment against real property.
[Commission Memo 09-334]
B) Board of Trustees [Commission Memo 09-335]
1) Firefighters' Retirement System Board of Trustees - approve the
Board's reappointment of John Smith to the Board of Trustees.
2) Police Officer's Retirement System Board of Trustees - approve the
Board's reappointment of Darrell Presley to the Board of Trustees.
C) Request for Right-of-Way (ROW) Use Agreement to operate a food cart along
Seminole Boulevard near Ft. Mellon Park. Gary Logan, owner/applicant.
[Commission Memo 09-336]
D) 1240 West 3rd Street - reconsider request for waiver of lien. Owner/requestor:
Dipak Rajhansa, [Commission Memo 09-339]
E) Citizen request to purchase City property located behind the Groveview Village
subdivision. Requestor: Richard Ray.[Commission Memo 09-337]
9) CITY ATTORNEY'S REPORT.
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) CITY COMMISSIONERS' REPORTS.
14) END THE MEETING.
2009-
CITY COMMISSION MINUTES
OCTOBER 12,2009
REGULAR MEETING
The City Commission of the City of Sanford, Florida, met in Regular
Meeting on Monday, October 12, 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
Commissioner Jack T. Bridges
Interim City Manager Tom George
Assistant City Attorney Lonnie Groot
City Clerk Janet Dougherty
Deputy City Clerk Cynthia Porter
1) Meeting was called to order by Mayor Kuhn at 7 PM.
2) Invocation by Bishop Dr. Enrique Hernandez, President of Spanish American
International Chaplain Association.
3) Pledge of Allegiance.
4) Minutes.
September 28,2009 Work Session and Regular Meeting.
Vice Mayor Jones moved to approve the Minutes. 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
Commissioner Bridges Aye
1
2009-
CITY COMMISSION MINUTES
OCTOBER 12, 2009
REGULAR MEETING
5) PRESENT A TIONS/COMMENDA TIONS:
Mayor Kuhn read a Proclamation recognizing October 18 - 24, 2009 as
Florida City Government Week and presented it to Interim City Manager Tom
George.
6) CONSENT AGENDA: [Commission Memo 09-328]
A) Retire service weapon serial #UU 607 760 and authorize retired police
officer William Wixson to receive his service weapon.
B) Approve amendments to Collective Bargaining Agreement between the
City of Sanford and the Fraternal Order of Police.
C) Approve award of Air Monitoring Agreement to GEl Consultants for
the Sanford Gasification Plant Site Remediation Project.
D) Approve purchase of Fire Department protective clothing from Fisher
Scientific/Fisher Safety in the amount of $65,000.
E) Approve proposal from Ardaman & Associates for groundwater
consulting services at an annual cost of$39,300.
F) Approve the First Amendment to the Fourth Participation Agreement
for the Sanford Gasification Plant Site Remediation.
G) Approve the First Amendment to the Sanford Gasification Plant Site
2
2009-
CITY COMMISSION MINUTES
OCTOBER 12,2009
REGULAR MEETING
2009 Escrow Agreement.
H) Approve Site Unseen, Inc. Access and Remediation Agreement for the
Sanford Gasification Plant Site Group.
Commissioner Woodruff moved to approve the Consent Agenda.
Seconded by Commissioner Bridges and carried by vote of the Commission as
follows:
Mayor Kuhn Aye
Vice Mayor Jones Aye
Commissioner Woodruff Aye
Commissioner Williams Aye
Commissioner Bridges Aye
7) PUBLIC HEARINGS:
A) Table indefinitely: Second reading and adoption of Ordinance No.
4191, amending Section 86-72 of City Code, providing for single family
residence construction or industrial waste non-exclusive permit. Ad published
September 27,2009.
Commissioner Woodruff moved to table indefinitely the second
reading and adoption of Ordinance No. 4191. Seconded by Vice Mayor Jones and
carried by vote of the Commission as follows:
Mayor Kuhn
Vice Mayor Jones
Aye
Aye
3
2009-
CITY COMMISSION MINUTES
OCTOBER 12,2009
REGULAR MEETING
Commissioner Woodruff
Commissioner Williams
Commissioner Bridges
Aye
Aye
Aye
B) First reading of Ordinance No. 4192, pertaining to Evergreen
Municipal Cemetery operations and fees. Ad published October 11,
2009. [Commission Memo 09-329]
Commissioner Woodruff moved to approve the first reading of
Ordinance No. 4192. 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
Commissioner Bridges Aye
C) Second reading and adoption of Ordinance No. 4181, amending the
Comprehensive Plan re: Georgetown. Ad published Oct. 4, 2009.
[Commission Memo 09-331]
Commissioner Woodruff moved to adopt Ordinance No. 4181.
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
Commissioner Bridges Aye
4
."" .. ......~
2009-
CITY COMMISSION MINUTES
OCTOBER 12, 2009
REGULAR MEETING
D) Second reading and adoption of Ordinance No. 4182, rezoning
97.99 acres in the Georgetown Neighborhood. Ad published Oct. 4,
2009. Applicant: City of Sanford. Property Owners: Various.
[Commission Memo 09-332]
Attorney Jim Hattaway, representing Gary Rager, property owner of
four parcels at the northeast comer of Celery Avenue and Sanford Avenue, submitted
a Seminole County Property Appraiser proof of ownership for those parcels and
requested removal of those parcels from the proposed rezone. His client considers it
unfair that he has to deal with the rezone of his property.
Assistant City Attorney Groot explained that the comprehensive plan
land use designation for the parcels was and is Neighborhood Commercial (NC). The
Neighborhood Commercial land use designation allows zoning districts of RC-l
(Residential Commercial) or PD (Planned Development). The rezone of the parcels to
GC-2 is immaterial because the comprehensive plan prevails over the rezone. With
the current zoning and land use assigned the property would remain NC whether or
not it was removed from the proposed rezone.
Commissioner Bridges moved to adopt Ordinance No. 4182 with an
amendment to Section 2(a)(3) to reduce the acreage to approximately 9.45 and delete
parcels that are identified on the site map that are owned by Communications
5
2009-
CITY COMMISSION MINUTES
OCTOBER 12,2009
REGULAR MEETING
Technologies LLC and Rager Studios Inc. Seconded by Commissioner Williams.
The motion failed by vote of the Commission as follows:
Mayor Kuhn Nay
Vice Mayor Jones Nay
Commissioner Woodruff Nay
Commissioner Williams Aye
Commissioner Bridges Aye
Commissioner Woodruff moved to adopt Ordinance No. 4182.
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
Commissioner Bridges Nay
E) Second reading and adoption of Ordinance No. 4187, annexing 4.85
acres at 799 W. Lake Mary Blvd. Ad published Sept. 30, 2009.
Applicants/Property Owners: Insight Financial Credit Union and
Seminole Community College Foundation, Inc. [Commission Memo
09-333]
Commissioner Woodruff moved to adopt Ordinance No. 4187.
Seconded by Commissioner Bridges and carried by vote of the Commission as
follows:
Mayor Kuhn
6
Aye
fi
2009-
CITY COMMISSION MINUTES
OCTOBER 12, 2009
REGULAR MEETING
Vice Mayor Jones
Commissioner Woodruff
Commissioner Williams
Commissioner Bridges
Aye
Aye
Aye
Aye
F) Continued from June 8, 2009: 903 W. 10th Street. demolition of
structure. Notice sent to owners April 30, 2009; property posted
April 30, 2009; ad published May 3 and 10, 2009. Andrae Williams
and Larry Eason, owners. [Commission Memo 09-338]
Commissioner Woodruff moved to continue this item for ninety (90)
days. 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
Commissioner Bridges Aye
8) OTHER ITEMS:
A) Resolution No. 2160, imposing a special assessment against real
property. [Commission Memo 09-334]
Commissioner Bridges moved to adopt Resolution No. 2160.
Seconded by Vice Mayor Jones and carried by vote ofthe Commission as follows:
Mayor Kuhn
Aye
7
2009-
CITY COMMISSION MINUTES
OCTOBER 12,2009
REGULAR MEETING
Vice Mayor Jones
Commissioner Woodruff
Commissioner Williams
Commissioner Bridges
Aye
Aye
Aye
Aye
B) Board of Trustees [Commission Memo 09-335]
1) Firefighters' Retirement System Board of Trustees -
approve the Board's reappointment of John Smith to the Board of
Trustees.
Commissioner Woodruff moved to reappoint John Smith to the Board
of Trustees. 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
Commissioner Bridges Aye
2) Police Officer's Retirement System Board of Trustees -
approve the Board's reappointment of Darrel Presley to the Board of
Trustees.
Commissioner Woodruff moved to reappoint Darrel Presley to the
Board of Trustees. Seconded by Vice Mayor Jones and carried by vote of the
Commission as follows:
8
~-t
2009-
CITY COMMISSION MINUTES
OCTOBER 12,2009
REGULAR MEETING
Mayor Kuhn
Vice Mayor Jones
Commissioner Woodruff
Commissioner Williams
Commissioner Bridges
Aye
Aye
Aye
Aye
Aye
C) Request for Right-of-Way (ROW) Use Agreement to operate a food
cart along Seminole Boulevard near Ft. Mellon Park. Gary Logan,
owner/applicant. [Commission Memo 09-336]
Commissioner Williams moved to approve the Right of Way Use
Agreement. 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
Commissioner Bridges Aye
D) 1240 West 3rd Street - reconsider request for waIver of lien.
Owner/requestor: Dipak Rajhansa, [Commission Memo 09-339]
Commissioner Bridges moved to reduce the lien to $3,000 if paid
within sixty (60) days; if not paid it reverts to $5,100. Seconded by Vice Mayor Jones
and carried by vote of the Commission as follows:
Mayor Kuhn Nay
Vice Mayor Jones Aye
Commissioner Woodruff Aye
9
2009-
CITY COMMISSION MINUTES
OCTOBER 12, 2009
REGULAR MEETING
Commissioner Williams
Commissioner Bridges
Aye
Aye
E) Citizen request to purchase City property located behind the
Groveview Village subdivision. Requestor: Richard Ray.[Commission
Memo 09-337]
This item was removed from the agenda at the citizen's request.
9) CITY ATTORNEY'S REPORT.
10) CITY CLERK'S REPORT.
11) CITY MANAGER'S REPORT.
Interim City Manager George distributed a draft ordinance amending
the section of the City Code relating to solid waste and solid waste franchise
agreements (which was tabled tonight) and asked the Commission to review and
discuss it at the next meeting.
12) CITIZEN PARTICIPATION.
Sergio Fabil submitted a copy of a letter from the Board of County
Commissioners Seminole County dated October 8, 2007 that supports Hispanic
Heritage Month which is recognized from mid September through mid October of
each year. He said that he would like to hold an event next year to celebrate Hispanic
Heritage Month and asked the Commission for support. Mayor Kuhn said that
10
2009-
CITY COMMISSION MINUTES
OCTOBER 12, 2009
REGULAR MEETING
Sanford is very event oriented and recognized the positive of having events. She
explained that there is a special events application that will have to be submitted and a
process to follow before the Commission can consider the special event.
13) CITY COMMISSIONERS' REPORTS.
14) END THE MEETING.
There being no further business, the meeting was adjourned at 9: 11
PM.
~.
c:::.-
&..- --...
Mayor Lin Ku~
~.. ~
Attest:
~.lJ/UI~
cp
11