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090808 rm agn & min MINUTES 166 REGULAR MEETING SEPTEMBER 8, 2008 City Commission, Sanford, Florida E00514441DW CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1st Floor Sanford City Hall MONDAY, SEPTEMBER 8, 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 (approxi mate) 7:00 1) Meeting call to order by Mayor Kuhn. 2) Invocation. 3) Pledge of Allegiance. 4) Minutes. August 25, 2008 Special Joint Meeting, Work Session, and Regular Meeting. 7:05 5) PRESENTATIONS /COMMENDATIONS: None. 7:05 6) PUBLIC HEARING: FY 2009 TENTATIVE BUDGET AND PROPOSED MILLAGE RATE. Publicized via tax (TRIM) notices mailed in August by the Seminole County Property Appraiser. [Commission Memo 08 -249] A) Resolution No. 2113, adopting the tentative millage rate. B) Resolution No. 2114, adopting the tentative budget. 7) 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 -247] MINUTES 167 REGULAR MEETING SEPTEMBER 8, 2008 City Commission, Sanford, Florida E00514441DW A) Approve Special Event permit and street closure for the Seminole High School Homecoming Parade. B) Approve Special Event permit, use of Magnolia Square, alcohol permit, and noise permit for the Seminole High School Reunion Social. C) Approve Special Event permit, alcohol permit, noise permit, and street closure for "The Crush" D) Approve Special Event permit, use of Magnolia Square, and necessary street closures for "Spooky Hollow ". E) Approve issuance of purchase order for fuel to Petroleum Traders, Inc., in the amount of $1,100,000 for FY 2008 -2009. F) Approve issuance of purchase order for body repairs and painting to Regions Interstate Billing, in the amount of $90,000 for FY 2008 -2009. G) Approve issuance of purchase order for tires to Florida Tire Inc., in the amount of $80,000 for FY 2008 -2009. H) Approve increase to existing blanket purchase order with Ten -8 Fire Equipment for apparatus maintenance, from the amount of $99,000 to $134,000. I) Approve budget transfers within the 2007 -2008 Water/Wastewater Capital Projects, in the amount of $4.7 million. J) Approve proposed contract with Solid Resources Incorporated for a cumulative term of three years for disaster management support. K) Approve proposed blanket contract with DRC Emergency Services, LLC for a cumulative term of three years for disaster debris removal and disposal services. L) Approve FY09 property and liability insurance renewal with the Florida League of Cities. 7:12 8) 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.) None 8:30 9) FIRST READING OF ORDINANCES: A) Ordinance No. 4132, Small Scale Comprehensive Plan Amendment to designate 4115 E. SR 46 General Commercial. [Commission Memo 08 -250] B) Ordinance No. 4133 rezoning 2400 and 2440 Cherry Laurel Drive to PD, Planned Development. [Commission Memo 08 -251] MINUTES 168 REGULAR MEETING SEPTEMBER 8, 2008 City Commission, Sanford, Florida E00514441DW 8:35 10) OTHER ITEMS: A) 404 & 406 Bay Avenue -- request to waive lien. [Commission Memo 08 -252] B) 1511 West 12 Street -+ request to waive lien. [Commission Memo 08 -253] C) Resolution No. 2115, authorizing imposition of a credit card processing fee. [Commission Memo 08 -254] D) Resolution No. 2116, approving Municipal Cemetery burial space fee adjustments. [Commission Memo 08 -255] E) Confirm, ratify and approve the Charter Referendum Election results forwarded to the City of Sanford by Michael Ertel, Seminole County Supervisor of Elections. 11) CITY ATTORNEY'S REPORT. 1?) PITY .CI -RK'.S REPORT. 13) CITY MANAGER'S REPORT. 14) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material. 15) CITY COMMISSIONERS' REPORTS. 16) END THE MEETING. MINUTES 1 69 REGULAR MEETING SEPTEMBER 8, 2008 City Commission, Sanford, Florida E00514441DW The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, September 8 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 Evangelist Diane Courtney, First Shiloh Missionary Baptist Church. 3) Pledge of Allegiance. 4) Minutes. August 25, 2008 Special Joint Meeting, Work Session, and Regular Meeting. Commissioner Jones moved to approve the Minutes. 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 5) PRESENTATIONS /COMMENDATIONS: None. 6) PUBLIC HEARING: FY 2009 TENTATIVE BUDGET AND PROPOSED MILLAGE RATE. Publicized via tax (TRIM) notices mailed in August by the Seminole County Property Appraiser. [Commission Memo 08 -249] A) Resolution No. 2113, adopting the tentative millage rate of 6.325. Vice Mayor Williams moved to adopt Resolution No. 2113. Seconded by Commissioner Bridges 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) Resolution No. 2114, adopting the tentative budget. Commissioner Woodruff moved to adopt Resolution No. 2114, including the change discussed at today's Work Session to include $50,000 for YouthBuild and an equal reduction in the Special Projects Fund. 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 7) CONSENT AGENDA: [Commission Memo 08 -247] A) Approve Special Event permit and street closure for the Seminole High School Homecoming Parade. MINUTES 170 REGULAR MEETING SEPTEMBER 8, 2008 City Commission, Sanford, Florida E00514441DW B) Approve Special Event permit, use of Magnolia Square, alcohol permit, and noise permit for the Seminole High School Reunion Social. C) Approve Special Event permit, alcohol permit, noise permit, and street closure for "The Crush" D) Approve Special Event permit, use of Magnolia Square, and necessary street closures for "Spooky Hollow ". E) Approve issuance of purchase order for fuel to Petroleum Traders, Inc., in the amount of $1,100,000 for FY 2008 -2009. F) Approve issuance of purchase order for body repairs and painting to Regions Interstate Billing, in the amount of $90,000 for FY 2008 -2009. G) Approve issuance of purchase order for tires to Florida Tire Inc., in the amount of $80,000 for FY 2008 -2009. H) Approve increase to existing blanket purchase order with Ten -8 Fire Equipment for apparatus maintenance, from the amount of $99,000 to $134,000. I) Approve budget transfers within the 2007 -2008 Water/Wastewater Capital Projects, in the amount of $4.7 million. J) Approve proposed contract with Solid Resources Incorporated for a cumulative term of three years for disaster management support. K) Approve proposed blanket contract with DRC Emergency Services, LLC for a cumulative term of three years for disaster debris removal and disposal services. L) Approve FY09 property and liability insurance renewal with the Florida League of Cities. Commissioner Woodruff moved to approve the Consent Agenda. 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 8) PUBLIC HEARINGS: None 9) FIRST READING OF ORDINANCES: A) Ordinance No. 4132, Small Scale Comprehensive Plan Amendment to designate 4115 E. SR 46 General Commercial. [Commission Memo 08 -250] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4132. 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) Ordinance No. 4133 rezoning 2400 and 2440 Cherry Laurel Drive to PD, Planned Development. [Commission Memo 08-251] MINUTES 171 REGULAR MEETING SEPTEMBER 8, 2008 City Commission, Sanford, Florida E00514441DW Commissioner Woodruff moved to approve the first reading of Ordinance No. 4133, including revision discussed tonight: 10' parking spaces between the median strip and the hotel and all spaces along the office retail; sidew• 1 connectivity from the parking area to the hotel at two locations; and provide revised proportionate share cost of traffi • concurrency based on 171 rooms; and that the Public Hearing and second reading of the ordinance will be on October 13 2008. 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 10) OTHER ITEMS: A) 404 & 406 Bay Avenue — request to waive lien. [Commission Memo 08 -252] Vice Mayor Williams moved to waive the lien, as requested. Seconded by Commissioner Woodruff . 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) 1511 West 12 Street — request to waive lien. [Commission Memo 08 -253] Vice Mayor Williams moved to reduce the lien to $2,500 if paid in full within sixty days, and if not paid the i it would revert to the total sum imposed. Seconded by Commissioner Woodruff and carried by vote of the Commission . follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye C) Resolution No. 2115, authorizing imposition of a credit card processing fee. [Commission Memo 08 -254] Commissioner Woodruff moved to adopt Resolution No. 2115. Seconded by Vice Mayor Williams an carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye D) Resolution No. 2116, approving Municipal Cemetery burial space fee adjustments. [Commission Memo 08 255] Commissioner Woodruff moved to adopt Resolution No. 2116. Seconded by Commissioner Jones an carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye E) Confirm, ratify and approve the Charter Referendum Election results forwarded to the City of Sanford by Michael Ertel, Seminole County Supervisor of Elections. MINUTES 1 72 REGULAR MEETING SEPTEMBER 8, 2008 City Commission, Sanford, Florida E00514441DW - Commissioner Bridges moved to certify, ratify, and approve the Charter Referendum Election results forwarded to the City of Sanford by Michael Ertel, Seminole County Supervisor of Elections. 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 11) CITY ATTORNEY'S REPORT. 12) CITY CLERK'S REPORT. 13) CITY MANAGER'S REPORT. City Manager Yehl reported that the Gift Cards for Guns Program administered by the Police Department was successful; 198 weapons were turned in. Mr. Yehl complimented the Public Works Department for providing a temporary solution to gaining access to Marina Isle on Friday. Businesses were severely impacted by Tropical Storm Fay and the flooding of Seminole Boulevard. 14) CITIZEN PARTICIPATION. Harry Dekanchuk, Harry's Towing Service, said he received a letter on September 3, 2008, about complying with the towing ordinance requirement that storage facilities be located within the City limits. The letter gave a deadline of September 11 to apply. His facility is located in the industrial area of the Port of Sanford and he has served on the towing rotation for eight years. It is not economically feasible to have to find property for a storage yard and relocate to within the City limits by the deadline; he requested an extension of time. He also requested that something be done to allow towing companies to have storage facilities outside the City limits within a certain mileage radius. Mayor Kuhn suggested that he meet with Staff to discuss potential locations. Christel Marvin, C & S Towing, said she received the Assistant City Attorney's response to her query regarding the towing ordinance and disagrees with his opinion that a storage yard must be located within the City limits. She advised the Commission that the towing ordinance reads that the office must be within City limits and that it doesn't read that the storage yard has to be within City limits. She asked the Commission to look at the ordinance so it can be corrected or an agreement can be reached about the interpretation of the ordinance so there is no ambiguity. She requested an extension of time to fmd and procure a new storage location. 15) CITY COMMISSIONERS' REPORTS. Vice Mayor Williams recalled that before the City Manager went to Iraq she appealed to the Commission to support an effort pertaining to organizing a safety committee, and that she spoke about a crisis in the community relating to gun shots being heard at all times of the day and night. She commended Chief Tooley for implementing the gun buy back program; it has made a difference in terms of the community feeling a little safer. Mayor Kuhn also commended Chief Tooley and Officer Littles for a well thought out plan and thanked all citizens for distributing flyers in the community. She represented the City at an open house at Hopper Academy and received a certificate of appreciation on behalf of the City for its contribution regarding the tax deeds. She recognized Commissioner Woodruff for his tenacity regarding Hopper Academy. MINUTES 173 REGULAR MEETING SEPTEMBER 8, 2008 City Commission, Sanford, Florida E00514441DW 16) END THE MEETING. There being no further business, the meeting was adjourned at 8:41 PM. adjourned r Linda Kuhn Attest: ity Clerk cp