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062308 rm agn & min MINUTES City Commission, Sanford, FloridaREGU ,AK MEETING JUNE 23. 2008 E00514441DW CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1st Floor Sanford City Hall M • NDAY, JUNE 23, 2008 300 North Park Avenue 7 -M Sanford, Florida P o - SONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CI Y COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407.330.5603 FOR IN 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 TTER 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. T is record is not provided by the City of Sanford. AGENDA me as • roximate 7 60 1) Meeting call to order by Mayor Kuhn. 2) Invocation. 3) Pledge of Allegiance. 4) Minutes. June 9, 2008, Work Session; June 9, 2008, Regular Meeting. 7 05 5) PRESENTATIONS /COMMENDATIONS: A. Federal Trust Bank check presentation for July 4th sponsorship. B. Blue Cross Blue Shield of Florida check presentation for July 4 sponsorship. 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 -162] A) Sprint PCS contract for reduced communication rates. B) Increase existing blanket purchase order with Ten -8 Fire Equipment for apparatus maintenance, in the amount of $19,000. C) Dump truck purchase from Atlantic Truck Center, in the amount of $82,768. D) Directional drilling machine purchase from Ditch Witch, in the amount of $63,365. E) Award Bid IFB 07/08 -09 to Murphy Pipeline Contractors, Inc. for pre - chlorinated pipe bursting, in the amount of $575,563. F) Special Event permit, alcohol permit, noise permit, and street closure for the "Fund raiser, Jeff Triplett for Mayor of Sanford." :08 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. 4104, amending Schedule J of the Land Development Regulations pertaining to tree preservation during development and construction. Ad published June 11, 2008. [Commission Memo 08- 165] B) Continued from June 9, 2008: Second reading and adoption of Ordinance No. 4111, guidelines relating to Code Enforcement Liens. Ad published May 28, 2008. [Commission Memo 08 -166] C) Second reading and adoption of Ordinance No. 4112, vacating a portion of a 14 foot wide alley at 2441 Poinsettia Avenue. Ad published June 11, 2008. [Commission Memo 08 -167] D) Second reading and adoption of Ordinance No. 4113, proposing a revised City Charter. Ad published June 11, 2008. [Commission Memo 08 -168] E) Second reading and adoption of Ordinance No. 4114, amending Schedule Q, Level of Service Requirements and Methodologies, of the Land Development Regulations. Ad published June 11, 2008. [Commission Memo 08 -169] F) Second reading and adoption of Ordinance No. 4115, amending the Police Officers' Retirement System. Ad published June 11, 2008. [Commission Memo 08 -170] G) Second reading and adoption of Ordinance No. 4117, authorizing the imposition and collection of Fire Rescue Assessments. Ad published June 11, 2008. [Commission Memo 08 -171] 8:00 8) FIRST READING OF ORDINANCES: A) Ordinance No. 4118, annexing 0.69 acre at 1217 Upsala Road. [Commission Memo 08 -172] B) Ordinance No. 4119, annexing 4.28 acres at 3227 & 3237 Ohio Avenue. [Commission Memo 08 -173] C) Ordinance No. 4120, extending temporary noise amnesty. [Commission Memo 08 -164] MINUTES 107 REGULAR MEETING JUNE 23, 2008 City Commission, Sanford, Florida E00514441DW 8:25 9) OTHER ITEMS: A) 113 Holly Avenue — request to reduce lien totaling $12,284.90. [Commission Memo 08 -174] B) Resolution No. 2105, requiring voluntary annexation petition be executed in order to receive City services. [Commission Memo 08 -175] C) Westside Community and Recreation Center — approve the Construction" Management at Risk contract w _th Wharton- Smith, Inc., at a guaranteed maximum price of $2,350,000, authorize the City Manager to approve he associated purchase orders, and authorize the Mayor to sign the contract. [Commission Memo 08 -176] 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) ACTING CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material. 14) CITY COMMISSIONER'S REPORTS. 15) END THE MEETING. MINUTES 17" MTLETFNG JUN 1N E 23, 2008 City Commission, Sanford, Florida? E00514441DW The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, June 23, 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 Finance Director Jim Poulalion, for Acting City Manager Kristi Aday City Clerk Janet R. Dougherty City Attorney William L. Colbert Administrative Specialist Pat Lee Absent: City Manager Robert (Sherman) Yehl Acting City Manager Kristi Aday 1) Meeting was called to order by Mayor Kuhn at 7 PM. 2) Invocation by Pastor Willie Blunt, The Anointed One Ministries. 3) Pledge of Allegiance. 4) Minutes: June 9, 2008 Work Session and June 9, 2008 Regular Meeting. Commissioner Jones moved to approve the Minutes. Seconded by Vice Mayor Velma 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: A) Federal Trust Bank check presentation for July 4 sponsorship. B) Blue Cross Blue Shield of Florida check presentation for July 4 sponsorship. 6) CONSENT AGENDA: [Commission Memo 08 -162] A) Sprint PCS contract for reduced communication rates. B) Increase existing blanket purchase order with Ten -8 Fire Equipment for apparatus maintenance, in the amount of $19,000. C) Dump truck purchase from Atlantic Truck Center, in the amount of $82,768. D) Directional drilling machine purchase from Ditch Witch, in the amount of $63,365. E) Award Bid IFB 07/08 -09 to Murphy Pipeline Contractors, Inc. for pre - chlorinated pipe bursting, in the amount of $575,563. F) Special Event permit, alcohol permit, noise permit, and street closure for the "Fund raiser, Jeff Triplett for Mayor of Sanford." Commissioner Woodruff moved to approve Consent Items A -F. 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. PUBLIC HEARINGS: A) Second reading and adoption of Ordinance No. 4104, amending Schedule J of the Land Development Regulations pertaining to tree preservation during development and construction. Ad published MINUTES i�� -.-. � i - A ft EFTING JUNE 23, 2008 Y 's i d City Commission, Sanford, Florida E00514441DW June 11, 2008. [Commission Memo 08 -165] Commissioner Woodruff moved to adopt Ordinance No. 4104. 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) Continued from June 9, 2008: Second reading and adoption of Ordinance No. 4111, guidelines relating to Code Enforcement Liens. Ad published May 28, 2008. [Commission Memo 08 -166] Commissioner Woodruff moved to adopt Ordinance No. 4111. 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 C) Second reading and adoption of Ordinance No. 4112, vacating a portion of a 14 foot wide alley at 2441 Poinsettia Avenue. Ad published June 11, 2008. [Commission Memo 08 -167] Commissioner Jones moved to adopt Ordinance No. 4112. 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 D) Second reading and adoption of Ordinance No. 4113, proposing a revised City Charter. Ad published June 11, 2008. [Commission Memo 08 -168] Commissioner Woodruff moved to adopt Ordinance No. 4113 with the following amendment: to remove the following five (5) words from the heading from Charter question 2 on page 27: "but retain current election date ". The Charter questions will now read: "To revise and amend Charter ". 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 E) Second reading and adoption of Ordinance No. 4114, amending Schedule Q, Level of Service Requirements and Methodologies, of the Land Development Regulations. Ad published June 11, 2008. [Commission Memo 08 -169] Vice Mayor Williams moved to adopt Ordinance No. 4114. 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 F) Second reading and adoption of Ordinance No. 4115, amending the Police Officers' Retirement System. Ad published June 11, 2008. [Commission Memo 08 -170] Vice Mayor Williams moved to adopt Ordinance No. 4115. Seconded by Commissioner Jones and carried by vote of the Commission as follows: • Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye MINUTES [ � % MEETING .1 U1N 1 23, 2008 City Commission, Sanford, Florida E00514441DW Commissioner Jones Aye Commissioner Bridges Aye G) Second reading and adoption of Ordinance No. 4117, authorizing the imposition and collection of Fire Rescue Assessments. Ad published June 11, 2008. [Commission Memo 08 -171] Henry Sweet, 2300 Oak Avenue, spoke in opposition to the adoption of Ordinance No. 4117. Commissioner Woodruff moved to adopt Ordinance No. 4117. Seconded by Commissioner Bridges and carried by vote of the Commission as follows: Mayor Kuhn Aye Vice Mayor Williams Nay Commissioner Woodruff Aye Commissioner Jones Nay Commissioner Bridges Aye 8) FIRST READING OF ORDINANCES: A) Ordinance No. 4118, annexing 0.69 acre at 1217 Upsala Road. [Commission Memo 08 -172] Commissioner Woodruff moved to approve first reading of Ordinance No. 4118. 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. 4119, annexing 4.28 acres at 3227 & 3237 Ohio Avenue.[Commission Memo 08 -173] Commissioner Woodruff moved to approve first reading of Ordinance No. 4119. 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 C) Ordinance No. 4120, extending temporary noise amnesty. [Commission Memo 08 -164] Vice Mayor Williams moved to approve first reading of Ordinance No. 4120. 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 9) OTHER ITEMS: A) 113 Holly Avenue — request to reduce lien totaling $12,284.90. [Commission Memo 08 -174] Attorney Courtney Milam, 1000 Legion Place, Suite 1700, Orlando, Florida, Florida Bar No. 0026583, appeared representing Christian Prison Ministries, Inc. Commissioner Bridges moved to continue this item, for the affidavits to be amended, and Attorney Colbert to opine on case law pertaining to rehearing's referencing non - appearances. Seconded by Vice Mayor Williams. 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 Commissioner Woodruff moved to reduce the fine to $2500.00 rovided payment p p y ent is received within 30 days. Seconded by Vice Mayor Williams. Motion carried by vote of the Commission as follows: MINUTES A 4 4 REGULAR MEETING JUNE 23, 2008 City Commission, Sanford, Florida E00514441DW Mayor Kuhn Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Bridges Aye B) Resolution No. 2105, requiring voluntary annexation petition be executed in order to receive City services. [Commission Memo 08 -175] Commissioner Woodruff moved to approve Resolution No. 2105 with the following amendment to Section "All property owners requesting City services must file a petition for voluntary annexation of their property ". 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 C) Westside Community and Recreation Center — approve the Construction Management at Risk contract with Wharton- Smith, Inc., at a guaranteed maximum price of $2,350,000, authorize the City Manager to approve the associated purchase orders, and authorize the Mayor to sign the contract. [Commission Memo 08 -176] After discussion, Commissioner Bridges moved to approve Construction Management at Risk Services Contract for the Westside Community and Recreation Center to Wharton - Smith, Inc. at a guaranteed maximum price of $2,350,000, authorize the City Manager to approve the associated purchase orders, and authorize the Mayor to sign the contract, and authorize if necessary and only if necessary, that Recreational Impact Fee source be utilized to fund construction. 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 10) CITY ATTORNEY'S REPORT. 11) CITY CLERK'S REPORT. 12) ACTING CITY MANAGER'S REPORT. 13) CITIZEN PARTICIPATION. Kurt Ewing, 810 S. Palmetto Ave., spoke regarding public safety and the inability of fire vehicles to traverse Palmetto Ave. due to vehicles parked on both sides of the street. He distributed photos concerning code enforcement violations in the downtown historic district. Mayor Kuhn responded that she will be meeting with the City Attorney and staff in preparation of revising City code regarding code enforcement. Evelyn Mike appeared and stated she was pleased that the Commission approved the Westside Community Center and hoped more people would take a part in City Commission meetings. Manual Hillery appeared on behalf of Mary Smith and requested a reduction in code enforcement fines. Mayor Kuhn asked Mr. Hillery to contact the City Manager to be placed on a future agenda. Mr. Bentley applauded the Mayor Kuhn and Vice Mayor Williams, as well as the Commission, for moving forward with the Westside Community Center. Henry Sweet, 2300 Oak Avenue, spoke in opposition regarding the 5 minute speaking limitation at Commission meetings; in opposition to the fire assessment fee; and 14) CITY COMMISSIONER'S REPORTS. Commissioner Woodruff encouraged the City Manager to continue with the Stormwater Master Plan and asked that Public Works submit some mitigation ideas for 17 Street and Elm Avenue. Commissioner Woodruff spoke regarding the Homeless Connection prior use of the Civic Center and asked the Mayor or City Manager to write a letter suggesting they look for another location. Mayor Kuhn asked that Mr. Kirby set up a meeting. MINUTES 11 E- LGTL R MPE T ING JUNE 23_ 2008 City Commission, Sanford, Florida E00514441DW Commissioner Woodruff noted a basketball game between the Police Dept. vs. Fire Dept., at Washington Oaks Park every Tuesday at 7:30 p.m. through August 5, 2008. Vice Mayor Williams stated that if the Mayor wrote a letter to the Homeless Connection that she had a problem if she wrote it on behalf of the entire Commission. Commissioner Bridges apologized to the audience for emotional comments he made during the Westside Community Center agenda item. Mayor Kuhn concurred with Commissioner Bridges comments and stated it was unfortunate that no matter how hard the Commission tries, they always seem to get beat up. 15) END the meeting. There being no further business, the meeting was adjourned at 10:12 PM. Mayor $ inda Kuhn Attest: 111 Clerk pl