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101110 rm agn & min2010 -272 CITY COMMISSION MINUTES OCTOBER 11, 2010 REGULAR MEETING CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1 Floor Sanford City Hall MONDAY, October 11, 2010 300 North Park Avenue 7 PM Sanford, Florida IVNIVNNNNN NN. VNN. VI VNN NNIVNIVN.VNNIVNIVNN.VN NNIV IV IV /V .V.V NIV.V.V NNIVN.V N.V IVN NNNN.VNIV 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) NNIV /.I.V NIVNHNNNN HNIV NNIV �r/.r/ ./N/V/�rr.+�//�rn./�crvr�r/.+/V /V N/V N/V tiNN NN/VNN/VNNN�r.v/�/N�/NNN/V /V AGENDA Time (approximate) 7:00 1) Meeting call to order by Mayor Kuhn. 2) Invocation by Charlie Higgins, Associate Pastor, Westview Baptist Church. 3) Pledge of Allegiance: Boy Scout Troop 787 from Willow Creek Church, Winter Springs. 4) Minutes. September 27, 2010 Work Session and Regular Meeting. 7:05 5) PRESENTATIONS /COMMENDATIONS: None. 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 -192] A) Approve School Resource Officer (SRO) Agreement with Seminole County School Board in the amount of $242,533.84 for the period of July 1, 2010 through June 30, 2011. 2010 -273 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING B) Approve execution of a work order with Reiss Engineering for disinfection by- products compliance study in the amount of $88,000. C) Approve special event and noise permit with street closure for Celery City Cruisers for the last Saturday of each month from January, 2011 through October, 2011. D) Approve special event permit with the closure of Magnolia Square, the municipal lot and street closures for Spooky Hollow on October 31, 2010 from 6 PM to 8 PM. E) Approve special event and noise permit with street closures for Seminole High School Homecoming Parade on November 4, 2010 from 3PMto6PM. F) Approve special event, alcohol and noise permits with street closure for the Sanford Historic Trust Holiday Home Tour event on December 3, 2010 from 3 PM to 10 PM. G) Award contract for U.S. 17 -92 median improvement project to lowest responsive and responsible bidder as determined by staff. H) Approve application for SRF Companion Loan in the amount of $496,333, Change order #3 to Central Florida Environmental (CFE) Corp. for $314,890.80 and increase purchase orders to CPH Engineers for $64,670 and Ardaman and Associates for $32,401 for Cloud Branch Phase II Drainage project for Coastline Park. I) Approve lease agreement between the City of Sanford and The Seminole Cultural Arts Council, Inc. 7:15 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: 1" -staff-, 2 nd - applicant/requesting party; 3` - public; final - City Commission motion, discussion and action.) A) Continue to October 25, 2010: Solara Apartments Development Agreement. (Continued from September 13, 2010) B) Second reading of Ordinance No. 4223, rezoning 0.43 acre at 2550 Sanford Avenue from MR -2, Multiple Family Residential to RC -1, Restricted Commercial. Owner /Applicant: Charles W. Lansing, Trustee. Ad published September 26, 2010. [Commission Memo 10 -193] 2010 -274 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING C) Special permit for vested rights for an office land use at 3500 Sanford Avenue. Applicant: Wicker, Smith, O'Hara, McCoy & Ford, P.A. /Christopher M. Hamilton; Owner: Boys Town Central Florida, Inc., Executive Director Gregory Zbylut. Ad published September 12, 2010. [Commission Memo 10 -1941 7:35 8) OTHER ITEMS. A) 2439 Poinsetta Avenue — request for lien waiver totaling $16,800 plus interest. Owner: Federal National Mortgage Assn. [Commission Memo 10 -195] B) 1402 Oleander Avenue — request for lien waiver totaling $3,550 plus interest. Owner: Richard Jones [Commission Memo 10 -196] C) Resolution No. 2201 — relating to Whippoorwill Court Special Assessment District. [Commission Memo 10 -197] D) Resolution No. 2202 — amending the Classification and Pay Plan. [Commission Memo 10 -198] 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. 2010 -275 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, October 11, 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 Patty Mahany Interim City Manager Tom George City Attorney William L. Colbert Deputy City Clerk Cynthia Porter Absent: Commissioner Randy Jones City Clerk Janet Dougherty 1) Meeting was called to order by Mayor Kuhn at 7 PM. 2) Invocation by Charlie Higgins, Associate Pastor, Westview Baptist Church. 3) Pledge of Allegiance: Boy Scout Troop 787 from Willow Creek Church, Winter Springs. 4) Minutes. September 27, 2010 Work Session and Regular Meeting. Vice Mayor Woodruff moved to approve the Minutes. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Mahany Aye 5) PRESENTATIONS /COMMENDATIONS: None. 2010 -276 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING 6) CONSENT AGENDA [Commission Memo 10 -192] A) Approve School Resource Officer (SRO) Agreement with Seminole County School Board in the amount of $242,533.84 for the period of July 1, 2010 through June 30, 2011. B) Approve execution of a work order with Reiss Engineering for disinfection by- products compliance study in the amount of $88,000. C) Approve special event and noise permit with street closure for Celery City Cruisers for the last Saturday of each month from January, 2011 through October, 2011. D) Approve special event permit with the closure of Magnolia Square, the municipal lot and street closures for Spooky Hollow on October 31, 2010 from 6 PM to 8 PM. E) Approve special event and noise permit with street closures for Seminole High School Homecoming Parade on November 4, 2010 from 3 PM to 6 PM. F) Approve special event, alcohol and noise permits with street closure for the Sanford Historic Trust Holiday Home Tour event on December 3, 2010 from 3 PM to 10 PM. G) Award contract for U.S. 17 -92 median improvement project to lowest responsive and responsible bidder as determined by staff. 2010 -277 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING H) Approve application for SRF Companion Loan in the amount of $496,333, Change order #3 to Central Florida Environmental (CFE) Corp. for $314,890.80 and increase purchase orders to CPH Engineers for $64,670 and Ardaman and Associates for $32,401 for Cloud Branch Phase II Drainage project for Coastline Park. I) Approve lease agreement between the City of Sanford and The Seminole Cultural Arts Council, Inc. Vice Mayor Woodruff moved to approve the Consent Agenda. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Mahany Aye 7) PUBLIC HEARINGS: A) Continue to October 25, 2010: Solara Apartments Development Agreement. (Continued from September 13, 2010) Commissioner Williams moved to continue this item to October 25, 2010. 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 Mahany Aye 2010 -278 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING B) Second reading of Ordinance No. 4223, rezoning 0.43 acre at 2550 Sanford Avenue from MR -2, Multiple Family Residential to RC -1, Restricted Commercial. Owner /Applicant: Charles W. Lansing, Trustee. Ad published September 26, 2010. [Commission Memo 10 -193] Commissioner Williams moved to adopt Ordinance No. 4223. 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 Mahany Aye C) Special permit for vested rights for an office land use at 3500 Sanford Avenue. Applicant: Christopher M. Hamilton, Wicker, Smith, O'Hara, McCoy & Ford, P.A.; Owner: Boys Town Central Florida, Inc., Executive Director Gregory Zbylut. Ad published September 12, 2010. [Commission Memo 10 -194] A letter dated October 7, 2010 from Greg Zbylut, Executive Director, Boys Town Central Florida, was distributed on the table just prior to tonight's meeting. Attorney Christopher Hamilton, representing Boys Town Central Florida, reviewed information relative to the vested rights request. He submitted a copy of a change order in the amount of $78,446 to Suncraft Engineering and Construction Corporation dated September 5, 1991, and explained that it represents 10% of the total cost of property improvements and that the change order is the only cost record and it 2010 -279 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING should be given consideration. Gayle Loughlin submitted information regarding the vested rights request and reviewed reasons as to why it should be denied. Vice Mayor Woodruff moved to grant the special permit for vested rights for the 1,000 square foot addition to the property at 3500 Sanford Avenue, subject to an appropriate development order being issued by the Mayor expressing the decision of the City Commission after being drafted by Staff and the City Attorney's office. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Mahany Aye [Commissioner Mahany left the meeting.] 8) OTHER ITEMS. A) 2439 Poinsetta Avenue — request for lien waiver totaling $16,800 plus interest. Owner: Federal National Mortgage Assn. [Commission Memo 10 -195] [Commissioner Mahany returned to the meeting.] Vice Mayor Woodruff moved to waive the liens on 2439 Poinsetta Avenue, as recommended by Staff. Seconded by Commissioner Williams and carried by vote of the Commission as follows: 2010 -280 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Mahany Aye B) 1402 Oleander Avenue — request for lien waiver totaling $3,550 plus interest. Owner: Richard Jones [Commission Memo 10 -196] Commissioner Williams moved to reduce the liens on 1402 Oleander Avenue to $400. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Mahany Aye C) Resolution No. 2201 — relating to Whippoorwill Court Special Assessment District. [Commission Memo 10 -197] Vice Mayor Woodruff moved to adopt Resolution No. 2201. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Mahany Aye D) Resolution No. 2202 — amending the Classification and Pay Plan. [Commission Memo 10 -198] Vice Mayor Woodruff moved to adopt Resolution No. 2202. Seconded by Commissioner Williams and carried by vote of the Commission as follows: 2010 -281 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Mahany Aye 9) CITY ATTORNEY'S REPORT. Mr. Colbert reported that former City Attorney Vernon Mize passed away last Friday. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. Mr. George asked that Vivian Bryant, President and CEO of the Orlando Housing Authority, be allowed to present her request for assistance for the Summary of Choice Neighborhoods Program Planning Grant. There was no objection by the Commission. Ms. Bryant distributed and reviewed information regarding the Sanford Housing Authority Request for Assistance and Summary of Choice Neighborhoods Program Planning Grant and requested financial assistance in the amount of $80,000. City Attorney Colbert advised that it would be appropriate to have Staff review and report to the City Commission whether Neighborhood Stabilization Program funds can be used for this purpose and if there is a need for a special meeting to approve this then one can be called for the single purpose of making a decision. Mayor Kuhn set a special meeting for Monday, October 18, 2010 at 4 PM. 2010 -282 CITY COMMISSION MINUTES OCTOBER 11 2010 REGULAR MEETING Mr. George gave an update on WSI and said that the facility can be used primarily for recycling (50% or more), that concrete is recycling material, however the applicant has been warned that if any dust or odor is detectable outside the premises it is against City ordinances. They are not in compliance with the DEP permit and that will be handled through DEP. Staff is working on the unauthorized use of the property adjacent to the facility. He is working with Mr. and Mrs. Boyd on the issue. 12) CITIZEN PARTICIPATION. Trace Trylko, Chairman, Seminole Action Coalition Serving Our Needy, invited everyone to attend the District 1 candidate forum tomorrow night at 6:30 PM at Holy Cross Episcopal Church, 410 S. Magnolia Avenue. 13) CITY COMMISSIONERS' REPORTS. Vice Mayor Woodruff said that he wanted to make sure that the Commission is aware that the Youthbuild Grant is being prepared and to make sure that the Commission is still supportive of Youthbuild being a City agency. In terms of insurance and management it is much easier and less expensive to run it through the City rather than a non profit. Commissioner Williams appealed to the Commission to support the request from the Housing Authority if the money can be used from the Neighborhood Stabilization Program. 2010 -283 CITY COMMISSION MINUTES OCTOBER 11, 2010 REGULAR MEETING Commissioner Mahany said that on Wednesday night the Citizens Advisory Board will meet in District 4 and that she and Mayor Kuhn will be in attendance and asked that it be properly noticed. Commissioner Mahany distributed and briefly spoke about the 2010 Child Abuse Reports by zip code. 14) END THE MEETING. There being no further business, the meeting was adjourned at 9:40 PM. Mayor Linda Kuhn Attest: ) C q i cp