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092710 rm agn & min2010- 260 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING CITY OF SANFORD CITY COMMISSION MEETING MONDAY, September 27, 2010 7 PM City Commission Chambers 1 Floor Sanford City Hall 300 North Park Avenue Sanford, Florida 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) NN.VNN NN NN..INNNH/VNNNIV NIVHI�.IV.v IV IV IVMN.V..INNN N.V N.V N.VNN.V IVHHti.V.V.VNNNNIV IV N.V...I AGENDA Time (approximate) 7:00 1) Meeting call to order by Mayor Kuhn. 2) Invocation. 3) Pledge of Allegiance. 4) Minutes. Sept. 8, 2010 Town Hall Mtg & Special Work Session; Sept. 13, 2010 Work Session and Regular Meeting. 7:05 5) PRESENTATIONS /COMMENDATIONS: None. 7:05 6) SECOND PUBLIC HEARING on the FY 2010/2011 MILLAGE RATE AND BUDGET. [Commission Memo 10 -186] A) Resolution No. 2198, adopting the millage rate. B) Resolution No. 2199, adopting the budget. 7:10 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. • 2010- 261 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING [Commission Memo 10 -181] A) Award contract for accounting services to Milestone Professional Services, Inc. in an amount not to exceed $60,000. B) Approve Ardaman & Associates proposal for groundwater consulting services at an annual cost of $39,300. C) Approve Second Amendment to Agreement with St. Johns River Water Management District (SJRWMD) for aquifer storage and recovery (ASR) construction and testing. D) Approve blanket purchase order in the amount of $66,000 to Bound Tree Medical for emergency medical supplies. E) Approve blanket purchase order in the amount of $90,000 to Ten -8 Fire Equipment for fire /rescue apparatus repair and maintenance. F) Approve Law Enforcement Trust Fund donation to SACSON in the amount of $500. 7:15 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: I" - staff; 2 nd - applicant/requesting party; 3 - public; final - City Commission motion, discussion and action.) A) Continue to Oct. 11, 2010: Solara Apartments Development Agreement. (Continued from Sept. 13, 2010) B) Second reading of Ordinance No. 4220, extending the Planned Development rezone approval to August 27, 2015 for the Bristol Park PD at 2441 Cherry Laurel Drive. Owner /Developer: Bristol Group One Sanford Partners LLC, Samuel C. Yeager, Manager. Ad published Sept. 12, 2010. [Commission Memo 10 -182] C) Second reading of Ordinance No. 4222, annexing 2.55 acres between Celery Avenue and 1 St Drive and between Fairfield Drive and Summerlin Avenue south. Owner /applicant: Richard See for New Tribes Mission, Inc. Ad published September 12, 2010. [Commission Memo 10 -183] D) First reading of Ordinance No. 4223, rezoning 0.43 acre at 2550 Sanford Ave. from MR -2, Multiple Family Residential to RC -1, Restricted Commercial. Owner /Applicant: Charles W. Lansing, Trustee. Ad published Sept. 26, 2010.[Commission Memo 10 -184] 2010- CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING E) Appeal Planning and Zoning Commission approval of a conditional use application to establish an educational facility in conjunction with the existing St. Thomas More Church relating to 550 Riverview Ave. Owner: Society of St. Pius X Orlando Florida, Inc.; Applicant: Bruce Rhea. Ad published Sept. 12, 2010.[Commission Memo 10 -185] • 7:35 9) OTHER ITEMS. A) Appointments to Police Pension Board. [Commission Memo 10 -190] B) Resolution No. 2200, supporting the City's grant/loan application for water distribution improvements. [Commission Memo 10 -187]. C) Resolution No. 2197, adopting revised Building Permit fees. [Commission Memo 10 -188] Continued from Sept. 13, 2010. 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. • • 2010- 263 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, September 27, 2010, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. September 8, 2010 Town Hall Meeting & Special Work Session; September 13, 2010 Work Session and Regular Meeting. Commissioner Jones moved to approve the Minutes. 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 Jones Aye Commissioner Mahany Aye Present: Mayor Linda Kuhn Vice Mayor Art Woodruff Commissioner Velma Williams Commissioner Randy Jones Commissioner Patty Mahany Interim City Manager Tom George City Attorney William L. Colbert Deputy City Clerk Cynthia Porter • Absent: City Clerk Janet Dougherty 1) Meeting was called to order by Mayor Kuhn at 7:15 PM. 2) Invocation by Pastor Maurice D. Bennett Sr., Grace Apostolic Temple Inc. 3) Pledge of Allegiance. 4) Minutes. September 8, 2010 Town Hall Meeting & Special Work Session; September 13, 2010 Work Session and Regular Meeting. Commissioner Jones moved to approve the Minutes. 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 Jones Aye Commissioner Mahany Aye 2010- 264 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING 5) PRESENTATIONS /COMMENDATIONS: None. 6) SECOND PUBLIC HEARING on the FY 2010/2011 MILLAGE RATE AND BUDGET. [Commission Memo 10 -186] A) Resolution No. 2198, adopting the millage rate. Vice Mayor Woodruff moved to adopt Resolution No. 2198 establishing a millage of 6.825 for the fiscal year beginning October 1, 2010 and ending September 30, 2011. Seconded by Commissioner Williams and carried by vote of the Commission as • follows: Mayor Kuhn Nay Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Mahany Nay B) Resolution No. 2199, adopting the budget. Vice Mayor Woodruff moved to adopt Resolution No. 2199 establishing the operating budget and capital improvement plan presented for the fiscal year beginning October 1, 2010 and ending September 30, 2011. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Nay Vice Mayor Woodruff Aye Commissioner Williams Aye • Commissioner Jones Aye Commissioner Mahany Nay • 2010- 265 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING 7) CONSENT AGENDA: [Commission Memo 10 -181] A) Award contract for accounting services to Milestone Professional Services, Inc. in an amount not to exceed $60,000. B) Approve Ardaman & Associates proposal for groundwater consulting services at an annual cost of $39,300. C) Approve Second Amendment to Agreement with St. Johns River Water Management District (SJRWMD) for aquifer storage and • recovery (ASR) construction and testing. D) Approve blanket purchase order in the amount of $66,000 to Bound Tree Medical for emergency medical supplies. E) Approve blanket purchase order in the amount of $90,000 to Ten -8 Fire Equipment for fire /rescue apparatus repair and maintenance. F) Approve Law Enforcement Trust Fund donation to SACSON in the amount of $500. 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 Jones Aye Commissioner Mahany Aye is 8) PUBLIC HEARINGS: • 2010- 266 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING A) Continue to Oct. 11, 2010: Solara Apartments Development Agreement. (Continued from Sept. 13, 20 10) Vice Mayor Woodruff moved to continue this item to October 11, 2010. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Mahany Aye B) Second reading of Ordinance No. 4220, extending the Planned • Development rezone approval to August 27, 2015 for the Bristol Park PD at 2441 Cherry Laurel Drive. Owner/Developer: Bristol Group One Sanford Partners LLC, Samuel C. Yeager, Manager. Ad published Sept. 12, 2010. [Commission Memo 10 -182] Commissioner Jones moved to adopt Ordinance No. 4220. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Mahany Aye C) Second reading of Ordinance No. 4222, annexing 2.55 acres between Celery Avenue and 1 St Drive and between Fairfield Drive and Summerlin • Avenue south. Owner /applicant: Richard See for New Tribes Mission, . 2010- 267 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING Inc. Ad published September 12, 2010. [Commission Memo 10 -183] Commissioner Jones moved to adopt Ordinance No. 4222. 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 Jones Aye Commissioner Mahany Aye D) First reading of Ordinance No. 4223, rezoning 0.43 acre at 2550 • Sanford Ave. from MR -2, Multiple Family Residential to RC -1, Restricted Commercial. Owner /Applicant: Charles W. Lansing, Trustee. Ad published Sept. 26, 2010. [Commission Memo 10 -184] Commissioner Jones moved to approve the first reading of Ordinance No. 4223. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Mahany Aye E) Appeal Planning and Zoning Commission approval of a conditional use application to establish an educational facility in conjunction with the existing St. Thomas More Church relating to 550 Riverview Ave. Owner: • Society of St. Pius X Orlando Florida, Inc.; Applicant: Bruce Rhea. Ad . 2010- 268 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING published Sept. 12, 2010. [Commission Memo 10 -185] Commissioner Williams moved to amend the Planning and Zoning Commission approval conditions of the request to establish an educational facility in conjunction with the existing St. Thomas More Church at 550 Riverview Avenue and to grant the appeal; the seven year sunset requirement applies upon opening of the school. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye • Commissioner Williams Commissioner Jones Aye Aye Commissioner Mahany Aye 9) OTHER ITEMS. A) Appointments to Police Pension Board. [Commission Memo 10 -190] Commissioner Williams moved to appoint John Metsopoulos to Position 2 on the Police Pension Board. 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 Jones Aye Commissioner Mahany Aye B) Resolution No. 2200, supporting the City's grant/loan application for water distribution improvements. [Commission Memo 10 -187]. Vice Mayor Woodruff moved to adopt Resolution No. 2200. Seconded by • 2010- 269 CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Mahany Aye C) Resolution No. 2197, adopting revised Building Permit fees. [Commission Memo 10 -188] Continued from September 13, 2010. Vice Mayor Woodruff moved to adopt Resolution No. 2197. Seconded by • Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Woodruff Aye Commissioner Williams Aye Commissioner Jones Aye Commissioner Mahany Aye 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. Chris Kelley reported that he owns 68 acres in the Rand Yard Road area adjacent to Waste Services at 555 White Cedar Road. Waste Services has a development order with the City to operate a solid waste recycling facility but it appears they are in violation of the development order and operating as a concrete destruction facility and • currently have a mountain of concrete that is approximately 55' high. He objected to that • 2010- CITY COMMISSION MINUTES SEPTEMBER 27 2010 REGULAR MEETING use as well as the smell and the birds and other violations that have continued from day one which include everything from fencing across Rand Yard Road which prohibits access to his property, to the trucks that continuously go down roads that the developer's agreement doesn't permit. As a consequence his property and his neighbor's property values have suffered and the future use of the properties has suffered. He asked for relief and asked that the City take affirmative action. Mayor Kuhn said that at today's Work Session an update on this item was given by Planning and Development Services Director Russ Gibson. The City has • investigated quite a few of the complaints which have been determined to be violations and the City is pursuing and will continue to monitor. Ricky Boyd reported that he lives within 500' of the waste facility and has numerous complaints including the smell, birds, truck traffic, and concrete dust. He has complained about the problems and nothing ever gets done. 14) CITY COMMISSIONERS' REPORTS. 15) END THE MEETING. There being no further business, the meeting was adjourned at 9:15 PM. Attest: i d Mayor La Kuhn C � ity Clerk cp