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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