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071105 rm agn & min ,... ~ r- t, ... ".... ..... - - ,... ! ... 133 EPNIl1072 MINUTES City Commission, Sanford, Florida Regular Meeting Agenda July 11,2005 CITY OF SANFORD CITY COMMISSION MEETING MONDAY, JULY 11, 2005 7:00 P.M. City Commission Chambers 1st Floor Sanford City HaD 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 TBA T A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WmCH THE APPEAL IS TO BE BASED. This record is not provided by the City of Sanford. .,........ ..... ------- ~ ....-------- ~ - ............ -- AGENDA 1) Meeting call to order by Mayor Kuhn. 2) Invocation by Reverend Arthur Choice, New Mt. Calvary M.B. Church. 3) Pledge of Allegiance. 4) Minutes of June 27,2005 Work Session and Meeting. 5) PRESENTATIONS: A) Employee of the Month for July. 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. A) Settlement of Sharon Drake's general liability claim; settlement amount of$24,999, inclusive of her attorney's fees. B) Settlement of Frank Rosen's general liability claim; settlement amount of$25,000, inclusive of his attorney's fees. 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: 1 st - st~ 2nd - applicant/requesting party; 3rd - public; final - City Commission motion, discussion and action.) A) Second reading and adoption of Ordinance No. 3941 establishing prohibitions on the residences of Sexual Offenders. Ad published June 29,2005. B) Second reading and adoption of Ordinance No. 3942 implementing revised Water and Sewer Impact Fees effective August 15,2005. Ad published June 29,2005. C) Second reading and adoption of Ordinance No. 3943 (as amended) to require City Department Directors to reside within five (5) miles of the City Limits of the City of Sanford. Ad published June 29, 2005. 8) FIRST READING OF ORDINANCES: A) First of two readings of Ordinance No. 3944 to annex 6.01 acres at 2511 and 2529 Old Lake Mary Road; Shoemaker Construction Company, Inc., and Secretariat Stables, Inc., owners. B) First of two readings of Ordinance No. 3945 to adopt meter set charges and sewer tap charges, and to substantially reword Section 28-48 of the City Code regarding an alternative water supply program. C) First of two readings of Ordinance No. 3946 to require City Department Directors to reside within five (5) miles of the City limits of the City of Sanford. D) First of two readings of Ordinance No. 3947 to adopt user charges for excess public safety services. MINUTES 134 City Commission, Sanford, Florida Regnlar Meeting Agenda .July 11" 2~ EPNllI072 9) OTHER ITEMS: A) Continued from June 27,2005: Demolition of two structures at 1601 W. 10th Street. Condemnation Case #04-25, Minnie Thomas, owner. Approve 90 day time extension to allow Ms. Thomas to continue work on the property. B) Continued from June 27,2005: Demolition of structure at 1801 W. 13th Place. Condemnation Case #05-04, Stanley C. Hogan and Malverse Dunwoody, owners. C) Request for a waiver of the reQ~ired se.paration between Community Resource Facilities: Ms. Stephanie Littles, applicant for a proposed Community Resource Facility at 1013 B West 3rd Street. D) Regency Oaks Project; Pulte Homes; Partial Assignment of Drainage Easement. E) F) Final Plat for Regency Oaks. a 254 unit Townhouse Development at 1000 Upsala Road. Designation of voting delegate to the Florida League of Cities Annual Conference. G) Set proposed millage rate for FY 2006. 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. 14) CITY COMMISSIONERS' REPORTS. 15) END THE MEETING. ] ..., i ..,,; ] .., ..J ] ,.. I '- "..,. l - ...... ,....... l...... ,... I. L .. , 135 EPNI11072 MINUTES City Commission, Sanford, Florida Re~ular Meetin~ Minutes July 11,2005 1- The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, July 11,2005, at 7:00 P.M., in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Linda Kuhn Vice Mayor Dr. Velma Williams Commissioner Art Woodruff Commissioner Randy Jones Commissioner Kevin Hipes Acting City Manager Tom George City Attorney William L. Colbert City Clerk Janet R. Dougherty Absent: City Manager V. Eugene Miller 1) Meeting call to order by Mayor Kuhn at 7:00 P.M. 2) Invocation by Reverend Arthur Choice, New Mt. Calvary M.B. Church. 3) Pledge of Allegiance. 4) Minutes of June 27, 2005 Work Session and Meeting. Commissioner Woodruff moved to approve the Minutes of the June 27,2005 Work Session and June 27, 2005 Meeting. Seconded by Vice Mayor Dr. Williams and carried by vote ofthe Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye 7) A) Second reading and adoption of Ordinance No. 3941 establishing prohibitions on the residences of Sexual Offenders. Ad published June 29, 2005. Police Chief Brian Tooley reported that Seminole County is considering a county-wide ordinance similar to Sanford's proposed ordinance with some modifications and enhancements, and recommended consideration of Ordinance No. 3941 be continued. Commissioner Jones moved to continue the Public Hearing to consider the second reading and adoption of Ordinance No. 3941 to August 8, 2005. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye 5) PRESENTATIONS: A) Employee of the Month for July. Mayor Kuhn presented the July Employee of the Month Award to Police Officer William Willis. 6) CONSENT AGENDA: A) Settlement of Sharon Drake's general liability claim: settlement amount of $24,999, inclusive of her attorney's fees. B) Settlement of Frank Rosen's general liability claim: settlement amount of$25,000, inclusive of his attorney's tees. Commissioner Jones moved to approve the Consent Agenda, Items A and B. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: MINUTES - 136 City Commission, Sanford, Florida Regular Meeting Minutes July 11,-.2.00.5 EPN1l1072 Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye 7) PUBLIC HEARINGS: A) Second readini and adoption of Ordinance No. 3941 establishing prohibitions on the residences of Sexual Offenders. Ad published June 29,2005. Mayor Kuhn announced this item has been continued to August 8, 2005. B) Second readini and adoption of Ordinance No. 3942 implementing revised Water and Sewer Impact Fees effective August 15,2005. Ad published June 29, 2005. Commissioner Hipes moved to adopt Ordinance No. 3942. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye C) Second readini and adoption of Ordinance No. 3943 (as amended) to require City Department Directors to reside within five (5) miles of the City Limits of the City of Sanford. Ad published June 29,2005. City Attorney Colbert reported Staffis withdrawing Ordinance No. 3943 as it is being replaced with Ordinance No. 3946 (Item 8. C.) and the Commission had no objection. (No action taken.) 8) FIRST READING OF ORDINANCES: A) First of two readinis of Ordinance No. 3944 to annex 6.01 acres at 2511 and 2529 Old Lake Mary Road; Shoemaker Construction Company, Inc., and Secretariat Stables, Inc., owners. City Clerk Dougherty submitted a revised ordinance containing the correct acreage ( 1.49 acres). Commissioner Woodruff moved to approve the first reading of Ordinance No. 3944 as corrected. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye B) First of two readinis of Ordinance No. 3945 to adopt meter set charges and sewer tap charges, and to substantially reword Section 28-48 of the City Code regarding an alternative water supply program. Vice Mayor Dr. Williams moved to remove reference to "potable irrigation meters" in paragraph @ of Sec. 28-48, and approve the first reading of Ordinance No. 3945 as amended. Seconded by Commissioner Woodruffand carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye C) First of two readinis of Ordinance No. 3946 to require City Department Directors to reside within five (5) miles of the City Limits of the City of Sanford. ...., ! ...J ] J J l ..... r- I .. ,... i t. - ....... - ....... ,.. L 137 EPN11I072 MINUTES City Commission, Sanford, Florida Regular Meeting Minutes July 11,2005 Commissioner Jones moved to withdraw Ordinance No. 3946. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Nay Aye Aye Aye Commissioner Jones moved to authorize the City Attorney to prepare a new ordinance to delete the requirement that department heads reside in the City of Sanford. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Nay Aye Aye Aye D) First of two readinis of Ordinance No. 3947 to adopt user charges for excess public services. Commissioner Jones moved to approve the first reading of Ordinance No. 3947. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye 9) OTHER ITEMS: A) Continued from June 27,2005: Demolition of two structures at 1601 W. 10th Street. Condemnation Case #04- 25, Minnie Thomas, owner. AQprove 90 day time extension to allow Ms. Thomas to continue work on the property. Vice Mayor Dr. Williams moved to authorize a 90 day time extension as recommended. Seconded by Commissioner Jones and carried by vote ofthe Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye B) Continued from June 27, 2005: Demolition of structure at 1801 W. 13th Place. Condemnation Case #05-04, Stanley C. Hogan and Malverse Dunwoody, owners. Commissioner Woodruff moved to continue this item to August 8, 2005, for response from the mortgage company. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye C) Request to waive the separation distance between Community Resource Facilities from Ms. Stephanie Littles, applicant for a proposed Community Resource Facility at 1013 B West 3rd Street. Commissioner Jones moved to deny the requested waiver. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: MINUTES 138 City Commission, Sanford, Florida Regular Meeting Minutes July l:1,J.OO.5 EPNll1072 Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye D) Regency Oaks Project; Pulte Homes; Partial Assignment of Drainage Easement. Commissioner Jones moved to approve the Partial Assignment of Drainage Easement for Regency Oaks. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye E) Final Plat for Regency Oaks. a 254 unit Townhouse Development at 1000 Upsala Road. Commissioner Jones moved to approve the Final Plat for Regency Oaks. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Dr. Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Hipes Aye F) Desiination of voting delellate to the Florida League of Cities Annual Conference. Commissioner Woodruff moved to designate Mayor Kuhn as the city's voting delegate to the Florida League of Cities Annual Conference. Seconded by Commissioner Hipes and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye G) Set proposed millage rate for FY 2006. Commissioner Hipes moved to set the FY 2006 proposed millage rate at 6.325 mills, announce the roll-back rate of 5.655 mills, and set the first public hearing on the tentative budget for 7:00 PM on September 12, 2005 at the City Commission Chambers, 300 N. Park Avenue, Sanford, Florida 32771. Seconded by Vice Mayor Dr. Williams and carried by vote of the Commission as follows: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones Commissioner Hipes Aye Aye Aye Aye Aye 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. City Clerk Dougherty confirmed the Mayor and City Commission received copies of the July 18,2005 Work Session Agenda. 12) CITY MANAGER'S REPORT. Acting City Manager George reported on the staff work and cooperation done to put on Sanford's 4th of July Celebration; and reported that the Goldsboro Resource Center is set for shipment on Monday, and that it will probably take four to six weeks to connect the water, sewer and electrical. ...... I I ...J .., . ...... ] J ] ,... ~ ,.. .... --- ....... - ...... ,... L. .. 139 EPNll1072 MINUTES City Commission, Sanford, Florida RpgJlhar M....ting MinlltH .Tllly 11, 200~ Police Chief Tooley reported a police lieutenant, two sergeants and ten officers are expected to be sent to Pensacola in a few days for three to five days in response to a request for assistance from the Emergency Operations Center in Tallahassee, and the costs are covered by and reimbursable from FEMA. 13) CITIZEN PARTICIPATION. A) Dr. Gerald Elliott, 460 South Elliott Avenue, submitted a survey of 460 Elliott Avenue, reported four problems with his property (a tree in the east-west alley abutting his property, a fence intruding into the alley, destruction of the top rail of his chain link fence on the Eighth Street side of his property by ball players crawling over the fence to retrieve balls from the ball field, and a fence on the west end of his property that needs to be straightened). Mayor Kuhn reported the various departments involved will review the requests and call Dr. Elliott and see how the city can address these issues. 14) CITY COMMISSIONERS' REPORTS. 15) END THE MEETING. There being no further business, the meeting was adjourned at 8:41 P.M. ~~ ~.-<'-"- Mayor da Kuhn ~, Attest: ~I( ,1iJMA~14f ity Clerk jd