072808 rm agn & min MINUTES
131 REGULAR MEETING JULY 28, 2008
City Commission, Sanford, Florida
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This Meeting has been continued to Thursday, July 31, 2008 at 1 PM or as soon thereafter as possible, in the
Railroad Depot Room, 2 Floor, Sanford City Hall.
CITY OF SANFORD
CITY COMMISSION MEETING
City Commission Chambers
1st Floor
Sanford City Hall
MONDAY, JULY 28, 2008 300 North Park Avenue
7 PM Sanford, Florida
PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND
CITY COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407.688.5010 FOR
INFORMATION REGARDING AVAILABLE AIDS AND SERVICES.
PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS PUBLIC MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
This record is not provided by the City of Sanford.
/VIVIVNIVIV/VN NNIVIV .
AGENDA
Time (approximate)
7:00 1) Meeting call to order by Mayor Kuhn.
2) Invocation by Pastor Jim Buckland, Family Worship Center
3) Pledge of Allegiance.
4) Minutes.
July 14, 2008 Work Session and July 14, 2008 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 08-201]
A) Approve Agreement with Advanced Xerographics Imaging Systems for utility bill mailing services.
B) Approve purchase orders for North Shore/Marina Island Project: Tri -City Electrical Contractors, Inc. in amount
of $85,547, Girard Environmental Services in amount of $18,065.32, and Core Construction Group, Inc. in amount
of $23,941.
C) Award contract to Whatever It Takes Calking and Restoration Inc. in amount of $49,705 for caulking and sealing
City Hall exterior walls.
D) Approve purchase of 25 Phoenix Dactylifera "Medjool" Date Palms from South Coast Growers, Inc. in amount of
$85,625 for the North Palmetto Avenue Streetscape Project.
E) Approve $300,000 increase to Purchase Order #30741 with Petroleum Traders, Inc. for fuel for the City's fleet.
F) Approve additional $47,000 expenditure from the 2nd Generation One Cent Sales Tax Fund for design
modification and surveying of St. Johns Parkway Phase 2 to relocate the stormwater pond.
G) Accept resignation from Richard Compton, from the Historic Preservation Board, effective June 25, 2008.
7:07 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: 1st - staff; 2nd - applicant/requesting party; 3rd - public; final - City Commission motion, discussion
and action.)
A) Second reading and adoption of Ordinance No. 4118, annexing 0.69 acre at 1217 Upsala Road. Ad published
July 16 and 23, 2008. [Commission Memo 08-211]
B) Second reading and adoption of Ordinance No. 4119, annexing 4.28 acres at 3227 & 3237 Ohio Avenue. Ad
published July 16 and 23, 2008. [Commission Memo 08 -212]
C) Applicant requests to continue to August 11, 2008: Second reading and adoption of Ordinance No. 4121,
approving historic landmark designation of the sign at 1011 S. French Avenue. Ad published July 16, 2008.
[Commission Memo 08 -213]
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City Commission, Sanford, F1oridkEGULAR MEETING JULY 28, 2008
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D) First reading of Ordinance No. 4125, First Comprehensive Plan Amendment of 2008 to amend the Future
Land Use Map of the Comprehensive Plan. Ad published July 20, 2008. [Commission Memo 08-204
E) First reading of Ordinance No. 4128, Second Comprehensive Plan Amendment of 2008 to establish a
Transportation Concurrency Exception Area on US 17/92. Ad published July 20, 2008. (Work Session Item No. 5)
[Commission Memo 08 -205]
F) Continued from July 14, 2008: 1219 French Avenue — authorize condemnation. Owner notified June 20, 2008,
property posted June 23, 2008 and ad published June 25 and 29, 2008. [Commission Memo 08 -214]
G) Continued from July 14, 2008: 708 West 2" Street — authorize condemnation. Owner notified June 20, 2008,
property posted June 23, 2008 and ad published June 25 and 29, 2008. [Commission Memo 08 -210]
7:30 8) FIRST READING OF ORDINANCES:
A) Ordinance No. 4129, rezoning 133 N. White Cedar Road to PD, Planned Development. [Commission Memo 08-
206]
B) Ordinance No. 4130, establishing Vested Rights Procedures in the City Code. [Commission Memo 08 -207]
7:40 9) OTHER ITEMS:
A) Approve the proposed settlement agreement with Christian Prison Ministries related to the coal gasification
remediation. (Work Session Item No. 4) [Commission Memo 08 -208]
B) Establish Audit Committee. [Commission Memo 08 -209]
C) Continue to July 31, 2008: proposed millage rate and budget hearing date.
(1) Approve the Fiscal Year 2008/2009 Proposed Millage Rate.
(2) Approve the date, time and meeting place of the Tentative Budget Hearing (September 8, 2008 at 7 PM at
City Hall).
10) CITY ATTORNEY'S REPORT.
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material.
14) CITY COMMISSIONERS' REPORTS.
15) CONTINUE THE MEETING to July 31, 2008 at 1 PM or as soon thereafter as possible, in the City Commission
Chambers.
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1
REGULAR MEETING JULY 28, 2008
City Commission, Sanford, Florida
E00514441DW
The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, July 28, 2008, :
7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida.
Present: Mayor Linda Kuhn
Vice Mayor Velma Williams
Commissioner Art Woodruff
Commissioner Randy Jones
Commissioner Jack T. Bridges
City Manager Robert (Sherman) Yehl
City Attorney William L. Colbert
City Clerk Janet R. Dougherty
Deputy City Clerk Cynthia Porter
1) Meeting was called to order by Mayor Kuhn at 7 PM.
2) Invocation by Pastor Jacob James, Praise and Dominion Church International.
3) Pledge of Allegiance. [Vice Mayor Williams left the meeting.]
4) Minutes.
July 14, 2008 Work Session and July 14, 2008 Regular Meeting.
Commissioner Woodruff requested that the Work Session Minutes regarding #4, Capital Improvement
Element of the Comprehensive Plan, be amended to reflect his concerns about the Capital Budget and the fact that in som:
cases it appears that the level of service on some of the recreation facilities has already been exceeded.
Commissioner Woodruff moved to approve the Minutes, as amended. Seconded by Commissioner Jone
and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
5) PRESENTATIONS /COMMENDATIONS:
None.
6) CONSENT AGENDA: [Commission Memo 08-201]
A) Approve Agreement with Advanced Xerographics Imaging Systems for utility bill mailing services.
B) Approve purchase orders for North Shore/Marina Island Project: Tri-City Electrical Contractors, Inc. i
amount of $85,547, Girard Environmental Services in amount of $18,065.32, and Core Construction Group
Inc. in amount of $23,941.
C) Award contract to Whatever It Takes Caulking and Restoration Inc. in amount of $49,705 for caulking an•
sealing City Hall exterior walls.
D) Approve purchase of 25 Phoenix Dactylifera "Medjool" Date Palms from South Coast Growers, Inc. i
amount of $85,625 for the North Palmetto Avenue Streetscape Project.
E) Approve $300,000 increase to Purchase Order #30741 with Petroleum Traders, Inc. for fuel for the City'
fleet.
F) Approve additional $47,000 expenditure from the 2 Generation One Cent Sales Tax Fund for desi
modification and surveying of St. Johns Parkway Phase 2 to relocate the stormwater pond.
G) Accept resignation from Richard Compton, from the Historic Preservation Board, effective June 25, 2008.
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13 MEETING JULY 28, 2008
City Commission, Sa nford, Flo rida
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Commissioner Jones moved to approve the Consent Agenda. Seconded by Commissioner Woodruff and
carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
7) PUBLIC HEARINGS:
A) Second reading and adoption of Ordinance No. 4118, annexing 0.69 acre at 1217 Upsala Road. Ad
published July 16 and 23, 2008. [Commission Memo 08-211]
Commissioner Bridges moved to adopt Ordinance No. 4118, subject to conditions specified by the
Development Review Team on May 20, 2008, that a Unity of Title declaration (as prepared by the City of Sanford
Department of Planning and Development Services and approved by the property owners) be executed and recorded in the
public records, and if not done, then without further hearing the annexation request will be denied. Seconded by
Commissioner Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Y
Commissioner Bridges Aye
B) Second reading and adoption of Ordinance No. 4119, annexing 4.28 acres at 3227 & 3237 Ohio Avenue.
Ad published July 16 and 23, 2008. [Commission Memo 08 -212]
Commissioner Jones moved to adopt Ordinance No. 4119. Seconded by Commissioner Bridges and carried
by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
C) Applicant requests to continue to August 11, 2008: Second reading and adoption of Ordinance No. 4121,
approving historic landmark designation of the sign at 1011 S. French Avenue. Ad published July 16,
2008. [Commission Memo 08 -213]
Commissioner Jones moved to continue this item to August 11, 2008. Seconded by Commissioner
Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
D) First reading of Ordinance No. 4125, First Comprehensive Plan Amendment of 2008 to amend the
Future Land Use Map of the Comprehensive Plan. Ad published July 20, 2008. [Commission Memo 08-
204]
Planning and Development Services Director Russ Gibson distributed a copy of a memo from Board of
County Commissioners Chairman Carlton D. Henry dated April 14, 2006, regarding Marquette Shores, Inc. Resolution.
Commissioner Woodruff moved to approve the first reading of Ordinance No. 4125, with change to map
amendment 4 that the part of the parcel that has a current future land use of industrial be changed to AIC and the part of
that parcel that is Suburban Estates remain as such, based on the 2006 County Resolution and the original development
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= � -:_ ULAR MEETING JULY 28. 2008
City Commission, Sanford, Florida
E00514441DW
order with the County. Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
E) First reading of Ordinance No. 4128, Second Comprehensive Plan Amendment of 2008 to establish .
Transportation Concurrency Exception Area on US 17/92. Ad published July 20, 2008. (Work Session Ite
No. 5) [Commission Memo 08 -205]
Commissioner Woodruff moved to approve the first reading of Ordinance No. 4128. Seconded b
Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
F) Continued from July 14, 2008: 1219 French Avenue — authorize condemnation. Owner notified June 20
2008, property posted June 23, 2008 and ad published June 25 and 29, 2008. [Commission Memo 08 -214]
Commissioner Woodruff moved to condemn the property. Seconded by Commissioner Jones and carried b
vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
G) Continued from July 14, 2008: 708 West 2nd Street — authorize condemnation. Owner notified June 20
2008, property posted June 23, 2008 and ad published June 25 and 29, 2008. [Commission Memo 08 -210]
The Commission recommended that the property owner get with Staff to see if there is a resolution o
compromise, and that it will work with him.
8) FIRST READING OF ORDINANCES:
A) Ordinance No. 4129, rezoning 133 N. White Cedar Road to PD, Planned Development. [Commissio
Memo 08 -206]
Commissioner Woodruff moved to approve the first reading of Ordinance No. 4129, subject to a
development order that will include the specific conditions as revised by the applicant in their memo dated July 25, 2008,
that a bus turn -out be added to #12, a requirement that tracts 1 A & 1B be non - residential uses, remove the code exception
of the 32 dwelling units for multi - family building, and no residential north of Narcissus Avenue. Seconded by
Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
B) Ordinance No. 4130, establishing Vested Rights Procedures in the City Code. [Commission Memo 08-
207]
Commissioner Woodruff moved to approve the first reading of Ordinance No. 4130. Seconded by
Commissioner Bridges and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
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4 _ .ss = i �i �i WITTING NTH UTT %T 2O '1 !1
City Commission, Sanford, Florida-- �1 �`� ' � � .s u ' ` moo �,
E00514441DW
Commissioner Jones Aye
Commissioner Bridges Aye
9) OTHER ITEMS:
A) Approve the proposed settlement agreement with Christian Prison Ministries related to the coal
gasification remediation. (Work Session Item No. 4) [Commission Memo 08 -208]
Commissioner Woodruff moved to approve the proposed settlement agreement. Seconded by Commissioner
Jones and carried by vote of the Commission as follows:
Mayor Kuhn Nay
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
B) Establish Audit Committee. [Commission Memo 08 -209]
Commissioner Jones moved to establish an Audit Committee consisting of the Finance Director, the City
Manager and Commissioner Bridges. Seconded by Commissioner Woodruff and carried by vote of the Commission as
follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
C) Continue to July 31, 2008: proposed millage rate and budget hearing date.
(1) Approve the Fiscal Year 2008/2009 Proposed Millage Rate.
Commissioner Woodruff moved to continue this item to July 31, 2008 at 1 PM or as soon thereafter as it can
be heard, in the Railroad Depot Room, second floor, City Hall. Seconded by Commissioner Bridges and carried by vote of
the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
(2) Approve the date, time and meeting place of the Tentative Budget Hearing (September 8, 2008 at 7
PM at City Hall).
Commissioner Woodruff moved to approve the tentative budget hearing date of September 8, 2008 at 7 PM at
City Hall. Seconded by Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
10) CITY ATTORNEY'S REPORT.
11) CITY CLERK'S REPORT.
12) CITY MANAGER'S REPORT.
13) CITIZEN PARTICIPATION.
Christel Marvin, owner /operator of C & S Towing Service Inc., 1675 Beardall Avenue (storage site) and
655 W. Fulton Street (office location), said that she applied with the Sanford Police Department for her business to be
included in the wrecker allocation system and it was placed on the rotation list. However, after a month, the business was
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3 3 REGULAR MEETING JULY 28. 2008
City Commission, Sanford, Florida
E00514441DW
removed from the list and she was told that her business did not meet the requirement that it be located in the Sanford Ci
limits. She distributed a copy of the City of Sanford Wrecker Company Qualifications application and noted that it rem.'
"The Sanford City Code, Chapter 58, Article IV requires all wrecker companies to provide storage facilities which shall b
maintained at the operator place of business and located within the City limits." She said the wrecker ordinance currentl
states that to be eligible for inclusion on the rotation list to tow in the City of Sanford, the wrecker operator's place o
business must be located in the City of Sanford but is not specific to the City limits. She said that requiring towing an
storage companies to be located within the City limits is counterproductive to the City's beautification efforts, an
requested that the Commission review Chapter 58 in its entirety. Mayor Kuhn requested that City Manager Yehl researc
this item with the City Attorney and bring the Commission up to date.
Diann Wynn submitted petitions to terminate Police Chief, Brian F. Tooley, and expressed concerns abou
the Police Department.
Tyrone Alexander expressed concerns about the Police Department and suggested it needs a new leader.
Kenneth Bentley requested that the Citizen Participation portion of the Agenda be moved back to th
beginning of the meeting.
14) CITY COMMISSIONERS' REPORTS.
15) CONTINUE THE MEETING to July 31, 2008 at 1 PM or as soon thereafter as possible, in the City Commissio
Chambers.
At 9:08 PM the Mayor announced that the meeting is continued to July 31, 2008, at 1 PM, or as soo
thereafter as possible, in the Railroad Depot Room, Second Floor, City Hall.
The City Commission of the City of Sanford, Florida, met in reconvened Regular Meeting of Monday, Jul
28, 2008, on Thursday, July 31, 2008 at 3:17 PM, in the Railroad Depot Room, 2 Floor, City Hall, 300 North Par
Avenue, Sanford, Florida.
Present: Mayor Linda Kuhn
Commissioner Art Woodruff
Commissioner Randy Jones
Commissioner Jack T. Bridges
City Manager Robert (Sherman) Yehl
City Clerk Janet R. Dougherty
Absent: Vice Mayor Velma Williams
City Attorney William L. Colbert
Mayor Kuhn called the reconvened Regular Meeting to order at 3:17 PM.
(1) Approve the Fiscal Year 2008/2009 Proposed Millage Rate.
Commissioner Woodruff moved to set the maximum millage rate at 6.325 mills. Seconded b
Commissioner Jones and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
(2) Approve the date, time and meeting place of the Tentative Budget Hearing (September 8, 2008 at 7 PM at
City Hall)
Commissioner Jones moved to set the Tentative Budget Hearing for September 8, 2008 at 7 PM at City
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138 City Commission, Sanford, Flori�aa' IAA MEETING JULY 28. 2008
E00514441DW
Hall. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows:
Mayor Kuhn Aye
Commissioner Woodruff Aye
Commissioner Jones Aye
Commissioner Bridges Aye
(3) End the meeting.
Mayor Kuhn adjourned the reconvened meeting at 3:19 PM.
Mayor Li da Kuhn
Attest:
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