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082508 rm agn & min MINUTES 155 REGULAR MEETING AUGUST 25, 2008 City Commission, Sanford, Florida E00514441DW CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1st Floor Sanford City Hall MONDAY, AUGUST 25, 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. AGENDA Time (approximate) 7:00 1) Meeting call to order by Mayor Kuhn. 2) Invocation by Elder James Buckland, Family Worship Center. 3) Pledge of Allegiance. 4) Minutes. July 17, 2008 Special Work Session, July 28, 2008 Work Session and Regular Meeting, and August 11, 2008 Work Session and Regular Meetings. 7:05 5) PRESENTATIONS /COMMENDATIONS: A) Proclamation: Sanford Fire Department Appreciation Week. B) Sanford Police Department Explorers, Post #516. 7:10 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 -228] A) Approve FY 2008/09 Addendum in amount of $596,244 to Dispatch Services Agreement with Seminole County Sheriff's Office. B) Approve purchase in amount of $5,000 of gasoline cards for use in the September Gun Buy Back Operation, from Law Enforcement Trust Fund. C) Approve Professional Consulting Contract with Kimley -Horn and Associates to prepare amendments to the Comprehensive Plan based on the Evaluation and Appraisal Report. D) Approve transfer of donations in amount of $9,946 to increase the Recreation Department operating budget for stadium improvements. E) Approve repainting and graphics in amount of $10,000 to SPD SWAT vehicle, from Law Enforcement Trust Fund. F) Declare vehicles and equipment surplus and authorize disposal in the most efficient manner available. G) Approve School Resource Officer Agreement with Seminole County Public Schools in amount of $230,916.70 for July 1, 2008 to June 30, 2009. H) Approve Professional Consulting Contract with Williams Earth Sciences, Inc. for geotechnical engineering, design, quality control testing and inspection services. I) Approve Professional Consulting Contract with Giles Engineering Associates, Inc. for geotechnical engineering, construction materials testing and environmental consulting services. J) Authorize public hearing to condemn the structure at 2854 S. Sanford Avenue. K) Approve increases to purchase orders for mowing and cleaning private lots in amount of $15,000 to Perfection Lawn & Tree Service and $10,000 to Jud DeYoung Lawn Care, in the Community Improvement Department. L) Park on Park Playground Equipment replacement. (Work Session Item No. 4) 7:12 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) Continued from August 11, 2008: Second reading and adoption of Ordinance No. 4129, rezoning 133 N. White Cedar Road to PD, Planned Development. Ad published July 30, 2008. [Commission Memo 08 -244] B) Re: 2955 Sanford Avenue. [Commission Memo 08 -243] 1. Second reading and adoption of Ordinance No. 4126, Small Scale Comprehensive Plan Amendment to designate 2955 Sanford Avenue General Commercial. Ad published August 13, 2008. 2. Second reading and adoption of Ordinance No. 4127, rezoning 2955 Sanford Avenue from SR -1 to GC -2. Ad published August 13, 2008. MINUTES 156 REGULAR MEETING AUGUST 25, 2008 City Commission, Sanford, Florida E00514441DW _ C) Second reading and adoption of Ordinance No. 4131, NOISe ("romance. Ha pubnsneu t uyual. 13, 2008. [G1,i, m n�aw Memo 08 -245] D) Second reading and adoption of Ordinance No. 4123, amending the Capital Improvements Element of the Comprehensive Plan. Ad published August 13, 2008. [Commission Memo 08 -241] E) 301 W. 7 Street — Appeal of the Historic Preservation Board's denial of a Certificate of Appropriateness to demolish the detached cafeteria/storage building at the Student Museum. Ad published August 10, 2008; property posted and owners notified August 4, 2008. [Commission Memo 08-231] F) 906 Pecan Avenue — demolition of structure. Ad published August 13 and 20, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -232] G) 1219 French Avenue — demolition of structure. Ad published August 13 and 20, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -233] H) 1708 Mulberry Avenue — demolition of structure. Ad published August 13 and 20, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -234] I) 1319 W. 13 Street — demolition of structure. Ad published August 20 and 24, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -235] J) 811 Sanford Avenue — demolition of structure. Ad published August 13 and 20, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -236] 8:30 8) FIRST READING OF ORDINANCES: A) Ordinance No. 4122, annexing 2400 and 2440 Cherry Laurel Drive. [Commission Memo 08 -237] 835 9) OTHER ITEMS: A) Ratify Mayor Kuhn's appointment to the Sanford Housing Authority. B) Historic Preservation Board — appointment of two members. (Work Session Item No. 1) [Commission Memo 08 -239] C) Planning and Zoning Commission — appointment of a member. (Work Session Item No. 2) [Commission Memo 08 -240] 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) END THE MEETING. MINUTES R_ui`L AR MEETING AUGUST 251 2008 City Commission, Sanford, Florida E00514441DW The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, August 25, 2008, at 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 Elder James Buckland, Family Worship Center. 3) Pledge of Allegiance. 4) Minutes. July 17, 2008 Special Work Session, July 28, 2008 Work Session and Regular Meeting, and August 11, 2008 Work Session and Regular Meetings. Commissioner Bridges moved to approve the Minutes. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye 5) PRESENTATIONS /COMMENDATIONS: A) Proclamation: Sanford Fire Department Appreciation Week. B) Sanford Police Department Explorers, Post #516. C) Proclamation: Sanford Herald's 100 Birthday. 6) CONSENT AGENDA: [Commission Memo 08 -228] Item C was pulled for separate consideration. A) Approve FY 2008/09 Addendum in amount of $596,244 to Dispatch Services Agreement with Seminole County Sheriff's Office. B) Approve purchase in amount of $5,000 of gasoline cards for use in the September Gun Buy Back Operation, from Law Enforcement Trust Fund. C) Approve Professional Consulting Contract with Kimley -Horn and Associates to prepare amendments to the Comprehensive Plan based on the Evaluation and Appraisal Report. D) Approve transfer of donations in amount of $9,946 to increase the Recreation Department operating budget for stadium improvements. E) Approve repainting and graphics in amount of $10,000 to SPD SWAT vehicle, from Law Enforcement Trust Fund. F) Declare vehicles and equipment surplus and authorize disposal in the most efficient manner available. G) Approve School Resource Officer Agreement with Seminole County Public Schools in amount of MINUTES 158 _ L - LL 1 \ MEETING AUGUST 25. 2008 City Commission, Sanford, Florida E00514441DW $230,916.70 for July 1, 2008 to June 30, 2009. H) Approve Professional Consulting Contract with Williams Earth Sciences, Inc. for geotechnical engineering, design, quality control testing and inspection services. I) Approve Professional Consulting Contract with Giles Engineering Associates, Inc. for geotechnical engineering, construction materials testing and environmental consulting services. J) Authorize public hearing to condemn the structure at 2854 S. Sanford Avenue. K) Approve increases to purchase orders for mowing and cleaning private lots in amount of $15,000 to Perfection Lawn & Tree Service and $10,000 to Jud DeYoung Lawn Care, in the Community Improvement Department. L) Park on Park Playground Equipment replacement. (Work Session Item No. 4) Commissioner Bridges moved to approve the Consent Agenda, minus Item C. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye Commissioner Bridges moved to approve Item C. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye 7) PUBLIC HEARINGS: A) Continued from August 11, 2008: Second reading and adoption of Ordinance No. 4129, rezoning 133 N. White Cedar Road to PD, Planned Development. Ad published July 30, 2008. [Commission Memo 08 -244] Vice Mayor Williams moved to adopt Ordinance No. 4129, subject to a development order that will include the specific conditions stated in City Commission Memorandum 08 -244, with a change to #17 to allow 24 dwelling units per multifamily building on the apartment/multifamily tracts, and subject to site plan and building design approval by the City Commission, and that the development order will be binding upon the heirs, successors and assignees of anyone that took this project so they will be fully aware of what was approved for Phase 1 and potentially Phase 2. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Re: 2955 Sanford Avenue. [Commission Memo 08 -243] 1. Second reading and adoption of Ordinance No. 4126, Small Scale Comprehensive Plan Amendment to designate 2955 Sanford Avenue General Commercial. Ad published August 13, 2008. Commissioner Bridges moved to adopt Ordinance No. 4126. Seconded by Vice Mayor Williams and MINUTES 5 q i1NG AUGUST 25. 2008 City Commission, Sanford, Florida E00514441DW carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye 2. Second reading and adoption of Ordinance No. 4127, rezoning 2955 Sanford Avenue from SR- to GC -2. Ad published August 13, 2008. Commissioner Jones moved to adopt Ordinance No. 4127, including the nine recommended condition Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye C) Second reading and adoption of Ordinance No. 4131, Noise Ordinance. Ad published August 13, 2008 [Commission Memo 08 -245] Commissioner Woodruff moved to adopt Ordinance No. 4131, subject to City Attorney approval o correction to a scrivener's error on page 13, as follows: (6) (a) Type A permit — replace Entertainment District wit Commercial Establishments; the first sentence should read, A Type A permit may be issued for sound equipment emittin . music or human speech. - strike through the rest of the paragraph. Seconded by Commissioner Bridges and carried by vot: of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye D) Second reading and adoption of Ordinance No. 4123, amending the Capital Improvements Element o the Comprehensive Plan. Ad published August 13, 2008. [Commission Memo 08-241] Commissioner Bridges moved to adopt Ordinance No. 4123. Seconded by Commissioner Jones and carrie • by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Nay Commissioner Jones Aye Commissioner Bridges Aye E) 301 W. 7th Street — Appeal of the Historic Preservation Board's denial of a Certificate of Appropriateness to demolish the detached cafeteria/storage building at the Student Museum. Ad published August 10, 2008; property posted and owners notified August 4, 2008. [Commission Memo 08 -231] Commissioner Bridges moved to reverse the denial by the Historic Preservation Board for a demolition application for the detached cafeteria/storage building at 301 W. 7 Street, and to waive the 180 day waiting period. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye MINUTES bla REGULAR MEETING AUGUST 25. 2008 City Commission, Sanford, Florida E00514441DW F) 906 Pecan Avenue — demolition of structure. Ad published August 13 and 20, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -232] [Commissioner Bridges left the meeting.] Commissioner Woodruff moved to demolish the structure and allow the property owner thirty days to demolish, or the City will demolish and place a lien on the property. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye G) 1219 French Avenue — demolition of structure. Ad published August 13 and 20, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -233] Commissioner Jones moved to demolish the structure and allow the property owner thirty days to demolish, or the City will demolish and place a lien on the property. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye H) 1708 Mulberry Avenue — demolition of structure. Ad published August 13 and 20, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -234] Commissioner Woodruff moved to demolish the structure and allow the property owner thirty days to demolish, or the City will demolish and place a lien on the property. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye I) 1319 W. 13 Street — demolition of structure. Ad published August 20 and 24, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -235] [Commissioner Bridges returned to the meeting.] Commissioner Jones moved to continue this item sixty days (October 27, 2008). Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye • Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye J) 811 Sanford Avenue — demolition of structure. Ad published August 13 and 20, 2008, notice sent to owner August 12, 2008. [Commission Memo 08 -236] Mayor Kuhn passed the gavel to Vice Mayor Williams and moved to demolish the structure and allow the property owner thirty days to demolish, or the City will demolish and place a lien on the property. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye MINUTES 161 _ _..... . 7a MEETING T __�_���� �v�� �T�A�G AUGUST 25. 2008 City Commission, Sanford, Florida E00514441DW Vice Mayor Williams returned the gavel to Mayor Kuhn. 8) FIRST READING OF ORDINANCES: A) Ordinance No. 4122, annexing 2400 and 2440 Cherry Laurel Drive. [Commission Memo 08 -237] Commissioner Bridges moved to approve the first reading of Ordinance No. 4122. Seconded by Vic Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye 9) OTHER ITEMS: A) Ratify Mayor Kuhn's appointment to the Sanford Housing Authority. Commissioner Woodruff moved to ratify Mayor Kuhn's appointment of Maria Penzes to the Sanfo • Housing Authority Board. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Historic Preservation Board — appointment of two members. (Work Session Item No. 1) [Commissi s Memo 08 -239] Vice Mayor Williams moved to appoint Steve Chusmir to the Historic Preservation Board. Seconded • , Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye C) Planning and Zoning Commission — appointment of a member. (Work Session Item No. 2) [Commissio Memo 08 -240] Commissioner Jones moved to appoint Michael Loader to the Planning and Zoning Commission. Seconde by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams 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. Kenneth Bentley commended Chris Smith, Project Manager, for a job well done on the Westside Community Center. He also thanked Rose Covin, Code Enforcement Officer, for a job well done in Goldsboro. Gloria Baskerville, 915 W. 11 Street, said that her home was flooded during the recent storm and MINUTES x� .rs . '- ¢ 3s :g nisi psi 25. 2008 City Commission, Sanford, Florida E00514441DW everything was lost. She asked what the City could do to provide assistance. Mayor Kuhn asked City Manager Yehl to set up a meeting with Ms. Baskerville to discuss the situation. 14) CITY COMMISSIONERS' REPORTS. Commissioner Woodruff asked Mr. Yehl to provide a report of claims and locations where there was flooding in a house or sewage issues. He also said that he would like the Solid Waste Department to help with special garbage pick ups for items that were storm damaged. He requested an updated budget. Mr. Yehl said that he will provide it to the Commission this weekend. Commissioner Woodruff thanked Staff for a job well done during the recent storm. Vice Mayor Williams suggested that if funds are available to assist with storm damage then it needs to be made known. Mayor Kuhn said that the City does not have funds available to assist in this situation. Mr. Yehl said that today he provided to FEMA a preliminary damage assessment report that included at least 100 homes that were damaged. If FEMA determines that funds will be provided directly to home owners then he will make sure that home owners are connected with FEMA representatives. Vice Mayor Williams said there needs to be a comprehensive plan to deal with flooding. Mayor Kuhn and Commissioner Woodruff said there is a plan. Mr. Yehl said that storm water projects have been identified and he will come back in September with recommendations on how to spend existing storm water funds and whether to borrow funds from the State Revolving Fund when it becomes available next fiscal year. Commissioner Jones reported that the 17 -92 RPA has approved preliminary drawings for median landscaping and replacing light poles with decorative ones in the area of Hwy. 17 -92 between Park Drive and Airport Boulevard. The Board of County Commissioners will have to provide final approval. Commissioner Bridges echoed Commissioner Woodruff's comments on a job well done by Staff. Mayor Kuhn expressed appreciation that Staff was everywhere working diligently to make sure that the City was functional during the storm. 15) END THE MEETING. There being no further business, the meeting was adjourned at 9:37 PM. "111111 • Ma 4 r Linda Kuhn Attest: City Clerk cp