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111008 rm agn & min MINUTES 210 REGULAR MEETING NOVEMBER 10, 2008 City Commission, Sanford, Florida E00514441DW - CI-I Y 01- SANWKLA CITY COMMISSION MEET ING City Commission Chambers 1st Floor Sanford City Hall ONDAY, NOVEMBER 10, 2008 300 North Park Avenue 7 PM Sanford, Florida P RSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND C COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407.688.5010 FOR 1 ORMATION REGARDING AVAILABLE AIDS AND SERVICES. P RSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY M TIER CONSIDERED AT THIS PUBLIC MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO E SURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Is record Is not provided by the City of Sanford. N1VIVIVN .V/VNIVAIIVIVNIVNIV.VNIV 1 V/ V /VIViV/V.VIVNV.VIV.VN.V.V ~~ ..∎1 VN.V/VIV.V AGENDA me a • • roximate 7 00 1) Meeting call to order by Mayor Kuhn. 2) Invocation. 3) Pledge of Allegiance. 4) Minutes. October 6, 2008 Special Meeting & October 27, 2008, Work Session and Regular Meetings. 05 5) PRESENTATIONS /COMMENDATIONS: None. 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 08-301] A) Professional Services Agreement with Architects Design Group, Inc. for Architecture and Planning consulting services. B) Approve Lease Agreement with Max West- Sanford, LLC. for construction and operation of the waste energy system. C) Lynx FY 08 -09 Funding Agreement in amount of $100,000. :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. 4138, annexing 1.55 acres at 3215 Orlando Drive. Ad published October 29 and November 5, 2008. [Commission Memo 08 -307] B) Second reading and adoption of Ordinance No. 4139, Small Scale Comprehensive Plan Amendment for 2350 • Beardall Avenue. Ad published October 29, 2008. [Commission Memo 08 -302] C) Second reading and adoption of Ordinance No. 4140, Small Scale Comprehensive Plan Amendment for 3515 Mellonville Avenue. Ad published October 29, 2008. [Commission Memo 08 -303] D) Second reading and adoption of Ordinance No. 4142, rezoning 20.97 acres to PD, Planned Development at 1101 Monroe Road. Ad published October 29, 2008. [Commission Memo 08 - 308] E) 204 White Cedar Road— condemnation of structure. [Commission Memo 08 -315] F) 249 White Cedar Road— condemnation of structure. [Commission Memo 08 - 316] G) 260 White Cedar Road— condemnation of structure. [Commission Memo 08 -317] H) 1401 West 10 Street — authorize demolition. [Commission Memo 08 -318] I) 1611 Strawberry Avenue — authorize demolition. [Commission Memo 08 -319] J) 2854 Sanford Avenue — authorize demolition. [Commission Memo 08 -320] MINUTES 211 R r Gi .i LAR MEETING NOVEMBER 10, 2008 City Commission, Sanford, Florida E00514441DW K) 1007 W. 7"' Street — authorize aemoilnon. [commission iviemo ua -i2 I j 7 :40 8) FIRST READING OF ORDINANCES: A) Continued from October 27, 2008: Ordinance No. 4137, amending Chapter 18 of the City Code regardi.g Buildings and Building Regulations. [Commission Memo 08 -306] B) Ordinance No. 4145, Unified Impact Fees. [Commission Memo 08-311] C) Re: 100 S. Driftwood Lane. [Commission Memo 08 -304] 1. Ordinance No. 4146, Small Scale Comprehensive Plan Amendment to designate 100 S. Driftwood La ie to NC, Neighborhood Commercial 2. Ordinance No. 4144, rezoning 100 S. Driftwood Lane from LDR to RC -1. D) Ordinance No. 4143, annexing 1.54 acres at 4061 Ruby Street. [Commission Memo 08 -314] 7:50 9) OTHER ITEMS: A) Authorize sale of 204.4 square feet of city property adjacent to 212 W. 1 St. [Commission Memo 08 -309 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 materi il. 14) CITY COMMISSIONERS' REPORTS. 15) END THE MEETING. MINUTES 212 REGULAR MEETING NOVEMBER 10, 2008 City Commission, Sanford, Florida E00514441DW - The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, November 10, 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 Assistant City Attorney Ken McIntosh 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 Thelma Mike, Bethlehem House of Praise. 3) Pledge of Allegiance. 4) Minutes. October 6, 2008 Special Meeting & October 27, 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: Mayor Kuhn read and presented a Proclamation to Assistant City Attorney Ken McIntosh which proclaimed November 10, 2008 as Kenneth McIntosh Day in the City of Sanford, Florida. 6) CONSENT AGENDA: [Commission Memo 08-301] A) Professional Services Agreement with Architects Design Group, Inc. for Architecture and Planning consulting services. B) Approve Lease Agreement with Max West- Sanford, LLC. for construction and operation of the waste energy system. C) Lynx FY 08 -09 Funding Agreement in amount of $100,000. Commissioner Woodruff moved to approve the Consent Agenda. 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 Nay Commissioner Bridges Aye 7) PUBLIC HEARINGS: A) Second reading and adoption of Ordinance No. 4138, annexing 1.55 acres at 3215 Orlando Drive. Ad published October 29 and November 5, 2008. [Commission Memo 08 -307] Commissioner Jones moved to adopt Ordinance No. 4138. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: MINUTES 213 REGULAR MEETING NOVEMBER 10, 2008 City Commission, Sanford, Florida E00514441DW Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Second reading and adoption of Ordinance No. 4139, Small Scale Comprehensive Plan Amendmen for 2350 Beardall Avenue. Ad published October 29, 2008. [Commission Memo 08 -302] Commissioner Woodruff moved to adopt Ordinance No. 4139. Seconded by Commissioner Jones anC 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. 4140, Small Scale Comprehensive Plan Amendmen for 3515 Mellonville Avenue. Ad published October 29, 2008. [Commission Memo 08 -303] Commissioner Jones moved to adopt Ordinance No. 4140. 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 D) Second reading and adoption of Ordinance No. 4142, rezoning 20.97 acres to PD, Planned Development at 1101 Monroe Road. Ad published October 29, 2008. [Commission Memo 08 -308] Commissioner Bridges moved to adopt Ordinance No. 4142, subject to a Development Order that will include 13 conditions named in Commission Memorandum 08 -308. 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 E) 204 White Cedar Road condemnation of structure. [Commission Memo 08 -315] Commissioner Woodruff moved to condemn the structure. 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 F) 249 White Cedar Road condemnation of structure. [Commission Memo 08 -316] Commissioner Jones moved to condemn the structure. 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 214 REGULAR MEETING NOVEMBER 10, 2008 City Commission, Sanford, Florida E00514441DW G) 260 White Cedar Road— condemnation of structure. [Commission Memo 08 -317] Commissioner Woodruff moved to condemn the structure. 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 H) 1401 West 10 Street — authorize demolition. [Commission Memo 08 -318] Commissioner Jones moved to demolish the structure. 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 I) 1611 Strawberry Avenue — authorize demolition. [Commission Memo 08 -319] Willie Mae Herring, property owner, requested time to repair the house. Commissioner Woodruff moved to demolish the structure but delay it sixty (60) days to give Ms. Herring an opportunity to get with Staff to determine what needs to get done and get with a contractor or someone who will help her make plans for the repairs, and that Staff bring it back to the Commission on January 12, 2009 before final action is taken. 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 J) 2854 Sanford Avenue — authorize demolition. [Commission Memo 08 -320] Commissioner Woodruff moved to demolish the structure. 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 K) 1007 W. 7 Street — authorize demolition. [Commission Memo 08-321] Commissioner Woodruff moved to demolish the structure. 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 8) FIRST READING OF ORDINANCES: A) Continued from October 27, 2008: Ordinance No. 4137, amending Chapter 18 of the City Code regarding Buildings and Building Regulations. [Commission Memo 08 -306] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4137. Seconded by Vice MINUTES 215 REGULAR MEETING NOVEMBER 10. 2008 City Commission, Sanford, Florida E00514441DW 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. 4145, Unified Impact Fees. [Commission Memo 08 - 311] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4145. 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 C) Re: 100 S. Driftwood Lane. [Commission Memo 08 -304] 1. Ordinance No. 4146, Small Scale Comprehensive Plan Amendment to designate 100 S. Driftwood Lane to NC, Neighborhood Commercial. Commissioner Bridges moved to approve the first reading of Ordinance No. 4146. Seconded by Vice Mayor Williams. The motion failed by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Williams Aye Commissioner Woodruff Nay Commissioner Jones Nay Commissioner Bridges Aye 2. Ordinance No. 4144, rezoning 100 S. Driftwood Lane from LDR to RC -1. Commissioner Jones moved to deny the first reading of Ordinance No. 4144. 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 Nay D) Ordinance No. 4143, annexing 1.54 acres at 4061 Ruby Street. [Commission Memo 08 -314] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4143. 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 9) OTHER ITEMS: A) Authorize sale of 204.4 square feet of City property adjacent to 212 W. 1' St. [Commission Memo 08- 309] Commissioner Jones moved to authorize the sale of 204.4 square feet of City property adjacent to 212 W. 1' Street to Mike A. Moreno for the appraised value of $2,334, with the buyer paying closing costs; and authorize the Cit- Manager to execute the necessary closing documents. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: MINUTES ,(Zt1LA R MEETING NOVEMBER 10, 2008 City Commission, Sanford, Florida E00514441DW Mayor Kuhn Avg Vice Mayor Williams Ayr Commissioner Woodruff AV Commissioner Jones Aye Commissioner Bridges Aye 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. John Wilson and Bret Huff expressed concern about a proposed eleven story multi family residential development behind Bentley Elementary School and asked that consideration be given to increasing the 200 foot distance requirement for notification to property owners who are adjacent to a proposed development. The Commission agreed that it is appropriate to take another look at who is notified of a Citizen Awareness and Participation Plan (CAPP) meeting, including the stakeholders who will be potentially impacted by a proposed development. The Land Development Regulations currently provide for notification to adjacent residential property owners. Carol Wheeler asked if the City has a noise ordinance. She lives in close proximity to The Barn and said the noise level is excessive. Mayor Kuhn said there is a noise ordinance which limits the decibel level and hours for sound and that a special noise permit is required for anything in excess of those levels. She asked Police Chief Tooley to follow up with Lieutenant McAuliffe to determine what can be done to assist Ms. Wheeler. Pastor Ricky Parks said that he is still interested in having a community resource facility in Georgetown. 14) CITY COMMISSIONERS' REPORTS. Commissioner Woodruff asked for an update on the stormwater plan. City Manager Yehl said that it will be on the next Work Session Agenda. 15) END THE MEETING. There being no further business, the meeting was adjourned at 9:11 PM. Mayo Linda Kuhn Attest: ity Clerk 1 1 cp