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020810 rm agn & min2010- 37 CITY COMMISSION MINUTES FEBRUARY 8, 2010 REGULAR MEETING CITY OF SANFORD CITY COMMISSION MEETING N MONDAY, FEBRUARY 8, 2010 7 PM City Commission Chambers 1 St 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 (approximate) 7:00 1) Meeting call to order by Mayor Kuhn. 2) Invocation: Pastor Janie Hogan, New Hope Community Outreach Ministries /SPD Chaplain 3) Pledge of Allegiance. 4) Minutes. January 25, 2010 Work Session & Regular Meeting. L M 7:05 5) PRESENTATIONS /COMMENDATIONS: 7:05 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. [Commission Memo 10 -022] 2010- 38 CITY COMMISSION MINUTES FEBRUARY 8, 2010 REGULAR MEETING A) Approve. expenditure of $51,063 for Nick Steel Window Tinting, LLC. to tint and seal City Hall exterior windows. B) Approve use of $9,000 Law Enforcement Trust Funds to procure a police canine. C) Approve Alcohol, Noise, Special Event Permits and street closures for the 2 nd Annual Jim Payne Blue Ribbon 5K event. D) Approve $212,870 budget amendment for FY 2010. E) Approve lease with Creative Sanford, Inc. at 230 E. First Street. 7:06 7) PUBLIC HEARINGS: The purpose of a Public Hearing is to receive input regarding O 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 reading of Ordinance No. 4203, extending the Planned Development zoning for the Riverscape Planned Development at 750 W. Fulton Street. Owners: Quality Real Estate Developers, LLC; Applicant: Sid Vihlen, Jr. Ad published: January24, 2010. [Commission Memo 10 -023] B) First reading of Ordinance No. 4205, a new franchise agreement with Florida Power & Light Company (FPL). Ad published February 7, 2010. [Commission Memo 10 -032] C) First reading of Ordinance No. 4206, relating to red light camera enforcement. Ad published February 7, 2010. [Commission Memo 10- 033] D) 810 Pecan Avenue - condemnation of structure. Notice sent to owner Jessie A. Anderson on January 27, 2010; property posted January 28, 2010; ad published January 31 and February 7, 2010. [Commission Memo 10 -027] 2 ® 2010- 39 CITY COMMISSION MINUTES FEBRUARY 8, 2010 REGULAR MEETING E) 1614 Lake Avenue — condemnation of structure. Notice sent to owners Beatty Henry Heirs c/o Frederick Alexander on January 27, 2010; property posted January 28, 2010; ad published January 31 and February 7, 2010. [Commission Memo 10- 028] 7:20 8) OTHER ITEMS: A) Resolution 2170, approving a Memorandum of Understanding with the Florida Department of Transportation pertaining to landscape construction and maintenance within the median of US Highway 17- 92. [Commission Memo 10 -024] B) 1306 West 16 Street — request to reduce liens totaling $12,889.11. Owner: Chase Home Finance, LLC. [Commission Memo 10 -029] C) 1020 Cypress Avenue — request to reduce liens totaling $10,900. Owner: Leonard and Earl Sutton. [Commission Memo 10 -030] 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. o 40 FORM 813 MEMORANDUM OF VOTING CONFLICT FQJR (� COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS -FIRST NAME-MIDDLE NAME / ` NAME OF BOARD, COUNCI , C�O OR COMMITTEE VL1f I[;arnS, eIma Halle .S Ar Pnl_r�( '.' An MrN ®DDRASS DATE ON WHICH VOTE THE BOARD, COUNCIL, COMMISSION, AGTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGEN NAME OF POLITICAL SUBDIVISION: MY POSITION IS: W ELECTIVE ❑ APPOINTIVE 'r WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. c YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 41 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1 �yit , hereby disclose that on '_ � ' 20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of c is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the n ture of my conflicling interest in the measure is as follows: 1,- by which Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. I t CE FORM 813 - EFF. 1/2000 PAGE 2 2010- 42 CITY COMMISSION MINUTES February 8, 2010 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 8, 2010, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Linda Kuhn Vice Mayor Art Woodruff Commissioner Velma Williams Commissioner Randy Jones Interim City Manager Tom George City Attorney William L. Colbert City Clerk Janet Dougherty Deputy City Clerk Cynthia Porter Absent: Commissioner Jack T. Bridges E0 1) Meeting was called to order by Mayor Kuhn at 7 PM. 2) Invocation by Pastor Janie Hogan, New Hope Community Outreach Ministries and SPD Chaplain. 3) Pledge of Allegiance. 4) Minutes. January 25, 2010 Work Session & Regular Meeting. Vice Mayor Woodruff moved to approve the Minutes. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye © 5) PRESENTATIONS /COMMENDATIONS: 2010 - 43 CITY COMMISSION MINUTES February 8, 2010 REGULAR MEETING 6) CONSENT AGENDA: [Commission Memo 10 -022] A) Approve expenditure of $51,063 for Nick Steel Window Tinting, LLC, to tint and seal City Hall exterior windows. B) Approve use of $9,000 Law Enforcement Trust Funds to procure a police canine. C) Approve Alcohol, Noise, Special Event Permits and street closures for the 2 nd Annual Jim Payne Blue Ribbon 5K event. D) Approve $212,870 budget amendment for FY 2010. E) Approve lease with Creative Sanford, Inc. at 230 E. First Street. O Commissioner Jones moved to approve the Consent Agenda. Seconded by Vice Mayor Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye 7) PUBLIC HEARINGS: A) Second reading of Ordinance No. 4203, extending the Planned Development zoning for the Riverscape Planned Development at 750 W. Fulton Street. Owners: Quality Real Estate Developers, LLC; Applicant: Sid Vihlen, Jr. Ad published January 24, 2010. [Commission Memo 10- 023] Vice Mayor Woodruff moved to adopt Ordinance No. 4203 to extend the 2010-44 CITY COMMISSION MINUTES February 8, 2010 REGULAR MEETING Planned Development Rezone approval to November 12, 2015 for Riverscape Condominiums at 750 W. Fulton Street. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye B) First reading of Ordinance No. 4205, a new franchise agreement with Florida Power & Light Company (FPL). Ad published February 7, 2010. [Commission Memo 10 -032] Vice Mayor Woodruff moved to approve the first reading of Ordinance No. 4205. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye C) First reading of Ordinance No. 4206, relating to red light camera enforcement. Ad published February 7, 2010. [Commission Memo 10- 033] Commissioner Jones moved to approve the first reading of Ordinance No. 4206. Seconded by Vice Mayor Woodruff and carried by vote of the Commission as follows: 2010 - 45 a CITY COMMISSION MINUTES February 8, 2010 REGULAR MEETING Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye D) 810 Pecan Avenue - condemnation of structure. Notice sent to owner Jessie A. Anderson on January 27, 2010; property posted January 28, 2010; ad published January 31 and February 7, 2010. [Commission Memo 10 -027] Commissioner Jones moved to approve the Order of Condemnation for the structure located at 810 Pecan Avenue. Seconded by Vice Mayor Woodruff and carried by vote of the Commission as follows: a Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye E) 1614 Lake Avenue — condemnation of structure. Notice sent to owners Beatty Henry Heirs c/o Frederick Alexander on January 27, 2010; property posted January 28, 2010; ad published January 31 and February 7, 2010. [Commission Memo 10 -028] Vice Mayor Woodruff moved to approve the Order of Condemnation for the structure located at 1614 Lake Avenue. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye 2010- CITY COMMISSION MINUTES February 8, 2010 REGULAR MEETING Commissioner Jones Aye 8) OTHER ITEMS: A) Resolution No. 2170, approving a Memorandum of Understanding with the Florida Department of Transportation pertaining to landscape construction and maintenance within the median of US Highway 17 -92. [Commission Memo 10 -024] Commissioner Williams moved to adopt Resolution No. 2170. Seconded by Commissioner Jones and carried by vote of the Commission as follows: O Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye B) 1306 West 16 Street — request to reduce liens totaling $12,889.11. Owner: Chase Home Finance, LLC. [Commission Memo 10 -029] Vice Mayor Woodruff moved to waive the liens on 1306 W. 16 Street. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye C) 1020 Cypress Avenue — request to reduce liens totaling $10,900. Owner: Leonard and Earl Sutton. [Commission Memo 10 -030] O Commissioner Williams said that she has a conflict of interest on this item and will abstain from voting. 2010 - 47 CITY COMMISSION MINUTES February S, 2010 REGULAR MEETING Vice Mayor Woodruff moved to waive the fine if the property changes hands within ninety (90) days and as long as no further code violations occur up to that point; if the property doesn't change hands within ninety (90) days the fine is reduced to $2,600; and if there are code violations that are unresolved during that time period the fine reverts to the original fine $10,900. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Abstained Commissioner Jones Aye 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. Mr. George reported that he became aware of concerns about the 5K special event scheduled for May and that he and Staff met with downtown merchants to listen to and address concerns about events downtown, and will continue to communicate and work with them. Commissioner Williams submitted a letter dated January 30, 2010, addressed to the Commissioners regarding objection to the proposed route for the run and closure of First Street for the event. 12) CITIZEN PARTICIPATION. n K 2010 - 48 CITY COMMISSION MINUTES February 8, 2010 REGULAR MEETING 13) CITY COMMISSIONERS' REPORTS. Commissioner Williams said that the Sanford Westside Senior Citizen Program is in full swing with classes being held for computer, arts and crafts, cooking, quilting, games, and exercising. She distributed an invitation to the Commission and Staff for a senior citizens event to be held this month at Westside Community Center. Vice Mayor Woodruff said he is pleased that the Sanford Community Redevelopment Agency agreed to expand the incubator downtown. He, along with others, pushed to get it started and it's nice to see that it is doing well enough to be expanded. 14) END THE MEETING. There being no further business, the meeting was adjourned at 8:04 PM. Mayor Lin a Kuhn Attest: (2ZVdA AQ ,6 kity clerk V / cp