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042307 rm agenda & min. CITY OF SANFORD CITY COMMISSION MEETING MONDAY, APRIL 23,2007 7 PM City Commission Chambers 1st Floor Sanford City Hall 300 North Park Avenue 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 407.330.5603 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) 2) 3) 4) Meeting call to order by Mayor Kuhn. Invocation by Pastor Tammy Abramson, Lion of Judah House of Worship and Central Florida Dream Center. Pledge of Allegiance. Minutes. January 8,2007, Work Session and Regular Meetings, January 22,2007, Work Session and Regular Meetings, and March 12,2007, Regular Meeting. 7:05 5) PRESENTATIONS/COMMENDATIONS: A) City Clerks Week 2007 Proclamation. 8) National Preservation Month Proclamation. 7:09 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 07-104] A) Schedule Public Hearin~ on May 14, 2007, to consider condemnation of structure at 1713 West 14 Street. 8) Schedule Public Hearin~ on May 14, 2007, to consider condemnation of structure at 1203 West 16 h Street. C) Schedule Public Hearing on May 14, 2007, to consider condemnation of 7: 11 7) 7:45 8) 7:50 9) - structure at 108 Academy Avenue. D) Class A Biosolids Management System - Bid Award to Wharton-Smith, Inc., in amount of $3,247,000; and budget amendment for same. E) Request for water service to five lots on the west side of Park Avenue between 26th Street and 2ih Street. 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: 1 st - staff; 2nd - applicant/requesting party; 3rd - public; final - City Commission motion, discussion and action.) A) Condemnation of structure at 700 West 13th Street. Notice sent to owners April 11, 2007; ad published April 18 and 22, 2007. [Commission Memo 07- 107] B) Condemnation of structure at 1607 West 13th Place. Notice sent to owners April 11, 2007; ad published April 18 and 22, 2007. [Commission Memo 07- 108] C) Condemnation of structure at 1415 West 17th Street. Notice sent to owners April 11, 2007; ad published April 18 and 22, 2007. [Commission Memo 07- 109] D) Second reading and adoption of Ordinance No. 4048, amending Chapter 2 of the City Code. Ad published April 11 ,2007. [Commission Memo 07-110] E) Second reading and adoption of Ordinance No. 4050, annexing 3402 Palmway Drive. Ad published April 11 and 18,2007. [Commission Memo 07- 105] F) Second reading and adoption of Ordinance No. 4051, annexing 1145 and 1147 1st Drive. Ad published April 11 and 18,2007. [Commission Memo 07- 106] FIRST READING OF ORDINANCES: A) First reading of Ordinance No. 4052, annexing 2105,2175 and 2201 Marquette Avenue. [Commission Memo 07-111] B) First reading of Ordinance No. 4053, annexing 1245 Upsala Road and 4070 Ruby Street. [Commission Memo 07-112] C) First reading of Ordinance No. 4054, annexing 451 Monroe Road. [Commission Memo 07-113] OTHER ITEMS: A) Midway-Canaan Community Water Association - Memorandum of Understanding. [Commission Memo 07-114] B) Lease of (parking lot) property at Sanford Avenue and East 1 sl Street for one-time fee of $1,000 plus monthly rental fee of $100. [Commission Memo 07 -115] C) Resolution No. 2077, expanding qualifications for membership of the Charter Review Commission. D) 2006/2007 Budget Amendments in total amount of $111,440. [Commission Memo 07-117] E) Lease Agreement with Sanford Chamber of Commerce. [Commission Memo 07-120] 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. Each speaker is allotted three minutes to speak and may present additional written material. 14) CITY COMMISSIONERS' REPORTS. 15) END THE MEETING. The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, April 23, 2007, 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 Jack T. Bridges City Manager Robert (Sherman) Yehl City Attorney William L. Colbert City Clerk Janet R. Dougherty Deputy City Clerk Cynthia Porter Absent: Commissioner Randy Jones 1) Meeting was called to order by Mayor Kuhn at 7:02 PM. 2) Invocation by Pastor Harland Walker, Word of Faith and Deliverance Ministries. 3) Pledge of Allegiance. 4) Minutes. January 8, 2007, Work Session and Regular Meetings, January 22,2007, Work Session and Regular Meetings, and March 12,2007, Regular Meeting. 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 Bridges Aye 5) PRESENT ATIONS/COMMENDATIONS: A) City Clerks Week 2007 Proclamation. Mayor Kuhn read the Proclamation and presented it to City Clerk Janet Dougherty. B) National Preservation Month Proclamation. Mayor Kuhn read the Proclamation and presented it to Planning and Development Services Director Russ Gibson. 6) CONSENT AGENDA: [Commission Memo 07-104] A) Schedule Public Hearing on May 14, 2007, to consider condemnation of structure at 1713 West 14th Street. B) Schedule Public Hearing on May 14, 2007, to consider condemnation of structure at 1203 West 16th Street. C) Schedule Public Hearing on May 14,2007, to consider condemnation of structure at 108 Academy Avenue. D) Class A Biosolids Management System - Bid Award to Wharton-Smith, Inc., in amount of $3,247,000; and budget amendment for same. E) Request for water service to five lots on the west side of Park A venue between 26th Street and 27th Street. Commissioner Woodruff moved to approve Consent Agenda Items A-D. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye Commissioner Woodruff moved to approve Consent Agenda Item E. 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 Bridges Aye [City Clerk Dougherty left the meeting.] 7) PUBLIC HEARINGS: A) Condemnation of structure at 700 West 13th Street. Notice sent to owners April 11, 2007; ad published April 18 and 22, 2007. [Commission Memo 07-107] Commissioner Bridges moved to continue condemnation of the structure at 700 West 13th Street to May 14; that no later than the close of business tomorrow that Mr. Chase meet with Mr. Florian and such other representative of the City as Mr. Florian may choose, to access the interior of the building to inspect as he deems appropriate; that Mr. Florian report back to the Commission prior to the next meeting to assure or explain whether what Mr. McFarland has done to the building has brought it up to a level whereby condemnation might be abandoned or continue the condemnation proceedings for further actions not inconsistent therewith or whether the Commission should vote to direct the City attorney to file the condemnation; and that by close of business on Friday Mr. McFarland pull, procure, and pay for the permits he should have had prior to doing work, plus pay any penalties for failure to pull permits prior to work being done. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Nay Commissioner Woodruff Aye Commissioner Bridges Aye Mayor Kuhn recessed the Meeting at 8:50 PM and reconvened the Meeting at 8:57 PM. B) Condemnation of structure at 1607 West 13th Place. Notice sent to owners April 11 , 2007; ad published April 18 and 22, 2007. [Commission Memo 07-108] Commissioner Woodruff moved to condemn the structure located at 1607 W. 13th Place and schedule the Public hearing to consider demolition for May 14,2007. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye C) Condemnation of structure at 1415 West 17th Street. Notice sent to owners April 11 , 2007; ad published April 18 and 22, 2007. [Commission Memo 07-109] Commissioner Woodruff moved to condemn the structure located at 1415 W. 17th Street and schedule the Public hearing to consider demolition for May 14,2007. 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 Bridges Aye D) Second reading and adoption of Ordinance No. 4048, amending Chapter 2 of the City Code. Ad published April 11, 2007. [Commission Memo 07-110] Commissioner Woodruff moved to adopt Ordinance No. 4048, with the change in Section 2-122, Organizational provisions, to read that preference shall be given to applicants who reside or own/operate a business within the City. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye E) Second reading and adoption of Ordinance No. 4050, annexing 3402 Palmway Drive. Ad published April 11 ~d 18,2007. [Commission Memo 07-105] Commissioner Woodruff moved to continue this item to May 14,2007. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye F) Second reading and adoption of Ordinance No. 4051, annexing 1145 and 1147 1 st Drive. Ad published April 11 and 18,2007. [Commission Memo 07-106] Commissioner Woodruff moved to continue this item to May 14,2007. 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 Bridges Aye 8) FIRST READING OF ORDINANCES: A) First reading of Ordinance No. 4052, annexing 2105, 2175 and 2201 Marquette Avenue. [Commission Memo 07-111] Vice Mayor Williams moved to approve the first reading of Ordinance No. 4052. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye B) First reading of Ordinance No. 4053, annexing 1245 Upsala Road and 4070 Ruby Street. [Commission Memo 07-112] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4053. 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 Bridges Aye C) First reading of Ordinance No. 4054, annexing 451 Monroe Road. [Commission Memo 07-113] Commissioner Woodruff moved to approve the first reading of Ordinance No. 4054. 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 Bridges Aye 9) OTHER ITEMS: A) Midway-Canaan Community Water Association - Memorandum of Understanding. [Commission Memo 07-114] Vice Mayor Williams moved to approve the Memorandum of Understanding with Midway Canaan Community Water Association, with addition of a paragraph to read that upon non payment and non compliance, and failure to meet the minimum payment threshold of $2,500 by Midway Canaan, that the full City Commission shall be advised within thirty (30) days. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye B) Lease of (parking lot) property at Sanford Avenue and East 1 st Street for one-time fee of $1 ,000 plus monthly rental fee of$100. [Commission Memo 07-115] Commissioner Woodruff moved to approve the lease with the correction to the name of the Lessor as Hickman Marital Trust, if necessary. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye C) Resolution No. 2077, expanding qualifications for membership of the Charter Review Commission. Commissioner Woodruff moved to adopt Resolution No. 2077. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Bridges Aye D) 200612007 Budget Amendments in total amount of$ll 1,440. [Commission Memo 07-117] Commissioner Woodruff moved to approve the eight budget amendments as presented. 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 Bridges Aye E) Lease Agreement with Sanford Chamber of Commerce. [Commission Memo 07-120] Commissioner Bridges moved to approve the lease with the Sanford Chamber of Commerce, with an amendment to include a sentence to the effect that each side agrees to waive trial by jury and venue of any proceeding will 70 MINUTES EOOSl444IDW City Commission, Sanford, Florida Re~ular Meetin~ April 23, 2007 be in Seminole County. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: ADD -ON ITEM. Mayor Kuhn Vice Mayor Williams Commissioner W oodmff Commissioner Bridges Aye Aye Aye Aye I) Comprehensive Annual Financial Report. Vice Mayor Williams moved to accept the CAFR as presented in today's Work Session. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodmff Aye Commissioner Bridges Aye Bobby Von Herbulis, McKee Construction, presented to the Commission a framed aerial photograph of the first office park in the City that has been designed, developed, and completed in the North Seminole Business Center on SR 46. 14) CITY COMMISSIONERS' REPORTS. Vice Mayor Williams recommended that a crime prevention task force be appointed for District 2, and City wide, and said that she will bring back a formal proposal. Commissioner Bridges said that he will provide a detailed report regarding the Helen Stairs Theatre at the next meeting. 15) END THE MEETING. There being no further business, the meeting was adjO:ed at ~. .' _ Mayor Linda Kuhn Attest: ~ud/<.~ City Clerk cp ~~ , .J ] ~ IIIlIlIIf ~.... ....... ....... ...