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121211 rm agn & min2011 -746 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING CITY OF SANFORD CITY COMMISSION MEETING City Commission Chambers 1 St Floor Sanford City Hall MONDAY, December 12, 2011 300 North Park Avenue 7 PM Sanford, Florida Ny.y.y.y N.y.yNNHNIV.yNIyNNIVIV N.y N.y.y.y Nly IyNNIVNN.V NHN.V IV IVNN.y.yNN.yNNIyIyIVNNIV HNIV HIV.V 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) NIVIVNH / yNIVNN.VNN.V IVN/V IV.V N.y.ylyly NIVHNIV HIV IVIV NIVHNIV HIV IV IV IV.V N.yNN/yNIVIVNN AGENDA 1) Meeting call to order by Mayor Triplett. 2) Invocation: Elder Terry McKinney,Sr., Calvary Temple of Praise. 3) Pledge of Allegiance. 4) Minutes. November 14, 2011 Work Session and Regular Meeting; November 30, 2011 Special Work Session. 5) PRESENTATIONS /COMMENDATIONS: None. 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 11 -202] A) Approve expenditure of $203,849.88 to the Florida Division of Emergency Management. B) Approve execution of subscription to a Microsoft Enterprise License Agreement in the amount of $104,303.40 for each of the first three years and $61,328 per year for the last three years if renewed. 2011 -747 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING C) Approval of Interlocal Agreement with the City of Ocoee for biosolids treatment. D) Approval of employee health care coverage and monthly employee premiums for calendar year 2012. E) Approve Special Event permit with street closures and noise permit for the Martin Luther King, Jr. Parade & Rally January 16, 2012. F) Approve Special Event permit once per month for the next 12 months with use of the parking lot at Hood Avenue and Seminole Blvd. for the "Food Truck Bazaar" events with a waiver of requirement that the applicant must be actively engaged in a licensed business and maintain a physical business location within the city. G) Approve agreement with CPH Engineers in the fixed fee amount of $626,289 for professional engineering services for RiverWalk Phase II and authorize City Manager to execute any and all documents as required. H) Approval of an engagement letter agreement with Foley & Lardner LLP, law firm for ADPI - Intermedix. 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 - staff; 2 nd - applicant/requesting party; Y - public; final - City Commission motion, discussion and action.) A) Second Reading: Ordinance No. 4256, annexing 1.0 acre at 3256 E. Lake Mary Boulevard. Richard J. and Doris B. Holcomb, Owners /Applicants. Ad published November 13 and 27 and December 4 and 7, 2011. [Commission Memo 11 -203] B) Second Reading: Ordinance No. 4257, annexing 2.57 acres at 1250 Rinehart Road. Seminole County BCC and SAMY Realty, L.L.C., Owners /Applicants. Ad published November 13 and 27 and December 4 and 7, 2011.[Commission Memo 11 -204] C) Second Reading: Ordinance No. 4258, substantially revising and amending the provisions of Section 20.0 of Schedule " E " , of the Cityof Sanford Code/Land Development Regulations. Ad published November 6, 2011. [Commission Memo 11 -205] (Work Session Item 6) D) Second Reading: Ordinance No. 4259, rezoning 0.34 acre parcel at 111 N. Palmetto Avenue to PD, Planned Development, for the Sanford Lofts. Owner: Florida Superior Properties Economic Community Services, Inc. c/o R.T. Hillery. Applicant: Starmer Ranaldi. Ad published Nov. 13, 2011. [Commission Memo 11 -206] 2011 -748 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING 8) E) First Reading: Ordinance No. 4260, rezoning 6.89 acres at 3221 West tat Street. Sanford 46 LLC. /Robert Maksimowicz, Owners /Applicant. Ad published December 11, 2011. [Commission Memo 11 -207] F) First Reading: Ordinance No. 4261, substantially revising and amending the provisions of Schedule "P ", of the City of Sanford CodelLand Development Regulations. Ad published Dec. 11, 2011. [Commission Memo 11 -208] G) First Reading: Ordinance No. 4262, relating to dishonored checks issued to the City. Ad published Dec. 11, 2011. [Commission Memo 11 -2091 H) Continue to February 13, 2012: First reading of Ordinance No. 4240 vacating a portion of 2 nd Street generally located at 915 West t Street. RCE Consultants, LLC (Laurence and Rebecca Poliner), Applicant; Harry Ellis, Jr., Owner. Ad published May 29, 2011 and June 12, 2011; property posted May 31, 2011; owners notified May 25, 2011. Continued from August 22, 2011. OTHER ITEMS. A) Resolution No. 2261, amending the City's annual operating budget for the fiscal year beginning October 1, 2011 and ending September 30, 2012. [Commission Memo 11 -211 ] B) Resolutions providing for the approval of and entering into agreements with the Florida Department of Transportation (FDOT). [Commission Memo 11 -214] 1. Resolution No. 2262, Utility Work Agreement relating to State Road 415; FDOT project assigned Financial Project Number 407355- 1- 52 -01. 2. Resolution No. 2263, Utility Work Agreement relating to State Road 46; FDOT project assigned Financial Project Number 240216- 5- 52 -01. 3. Resolution No. 2264, Selective Utility Work Agreement relating to State Road 46; FDOT project assigned Financial Project Number 240216- 5- 56 -01. C) Resolution No. 2265, relating to the State Revolving Fund loan program for the additional funding for the development of drinking water facilities. [Commission Memo 11 -215] D) Resolution No. 2266, amending the City's annual operating budget for the 2011 Edward Byrne Memorial Assistance grant. [Commission Memo 11 -216] 2011 -749 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING E) Resolution No. 2267, amending the City's annual operating budget for the Persimmon Avenue Pedestrian Trail. [Commission Memo 11 -212] 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. Each speaker is allotted five minutes to speak and may present additional written material. 13) CITY COMMISSIONERS' REPORTS. 2011 -750 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, December 12, 2011, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Jeff Triplett Vice Mayor Patty Mahany Commissioner Mark WCarty Commissioner Velma Williams Commissioner Randy Jones City Manager Norton N. Bonaparte, Jr. City Attorney William L. Colbert City Clerk Janet Dougherty Deputy City Clerk Cynthia Porter 1) Meeting was called to order by Mayor Triplett at 7:35 PM. 2) Invocation by Elder Terry McKinney, Sr., Calvary Temple of Praise. 3) Pledge of Allegiance. 4) Minutes. November 14, 2011 Work Session and Regular Meeting; November 30, 2011 Special Work Session. Commissioner Williams moved to approve the minutes. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M ° Carty Aye Commissioner Williams Aye Commissioner Jones Aye 2011 -751 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING 5) PRESENTATIONS /COMMENDATIONS: None. 6) CONSENT AGENDA: [Commission Memo 11 -202] A) Approve expenditure of $203,849.88 to the Florida Division of Emergency Management. B) Approve execution of subscription to a Microsoft Enterprise License Agreement in the amount of $104,303.40 for each of the first three years and $61,328 per year for the last three years if renewed. C) Approval of Interlocal Agreement with the City of Ocoee for biosolids treatment. D) Approval of employee health care coverage and monthly employee premiums for calendar year 2012. E) Approve Special Event permit with street closures and noise permit for the Martin Luther King, Jr. Parade & Rally January 16, 2012. F) Approve Special Event permit once per month for the next 12 months with use of the parking lot at Hood Avenue and Seminole Boulevard for the "Food Truck Bazaar" events with a waiver of requirement that the applicant must be actively engaged in a licensed business and maintain a physical business location within the City. G) Approve agreement with CPH Engineers in the fixed fee amount of 2011 -752 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING $626,289 for professional engineering services for RiverWalk Phase II and authorize City Manager to execute any and all documents as required. H) Approval of an engagement letter agreement with Foley & Lardner LLP, law firm for ADPI- Intermedix. Vice Mayor Mahany moved to approve the Consent Agenda. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye 7) PUBLIC HEARINGS: A) Second Reading: Ordinance No. 4256, annexing 1.0 acre at 3256 E. Lake Mary Boulevard. Richard J. and Doris B. Holcomb, Owners/ Applicants. Ad published November 13 and 27 and December 4 and 7, 2011. [Commission Memo 11 -203] Commissioner Jones moved to adopt Ordinance No. 4256. Seconded by Commissioner M and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye 2011 -753 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING B) Second Reading: Ordinance No. 4257, annexing 2.57 acres at 1250 Rinehart Road. Seminole County BCC and SAMY Realty, LLC, Owners /Applicants. Ad published November 13 and 27 and December 4 and 7, 2011. [Commission Memo 11 -204] Vice Mayor Mahany moved to adopt Ordinance No. 4257. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M ° Carry Aye Commissioner Williams Aye Commissioner Jones Aye C) Second Reading: Ordinance No. 4258, substantially revising and amending the provisions of Section 20.0 of Schedule "E ", of the City of Sanford Code/Land Development Regulations. Ad published November 6, 2011. [Commission Memo 11 -205] (Work Session Item 6) Commissioner M'Carty moved to adopt Ordinance No. 4258, as amended to allow for right of way use permit on public sidewalks and public plazas in the SC -3 zoning district for alcoholic beverage establishments which license is assigned the 2 -COP or 4 -COP, provided that only beer and wine may be served at sidewalk cafes in a manner authorized by controlling State Law. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye 2011 -754 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING Commissioner M "Carty Aye Commissioner Williams Aye Commissioner Jones Aye The Commission asked for a report in six months to determine if there are issues with 4COP establishments. D) Second Reading: Ordinance No. 4259, rezoning 0.34 acre parcel at 111 N. Palmetto Avenue to PD, Planned Development, for the Sanford Lofts. Owner: Florida Superior Properties Economic Community Services, Inc. c/o R.T. Hillery; Applicant: Starmer Ranaldi. Ad published November 13, 2011. [Commission Memo 11 -206] The following citizens spoke in opposition to the Sanford Lofts proposed development either entirely or at the proposed location: Linda Barker, Frank Loose, Charles Hull, Dr. Beverly Baird Boothe, James Vaughan, and Moire Wisdom. William Toevs spoke in favor of the project and improving the City's skyline. Commissioner Williams moved to adopt Ordinance No. 4259, subject to a development order that includes all of the City Staffs recommended conditions. Mayor Triplett passed the gavel and seconded the motion which was carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Nay Commissioner M ° Carty Aye Commissioner Williams Aye Commissioner Jones Nay 2011 -755 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING The gavel was returned to Mayor Triplett. Mayor Triplett recessed the meeting at 8:36 PM and reconvened the meeting at 8:42 PM. E) First Reading: Ordinance No. 4260, rezoning 6.89 acres at 3221 West 1 st Street. Sanford 46 LLC/Robert Maksimowicz, Owners /Applicant. Ad published December 11, 2011. [Commission Memo 11 -2071 Commissioner Jones moved to approve the first reading of Ordinance No. 4260. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye F) First Reading: Ordinance No. 4261, substantially revising and amending the provisions of Schedule "P ", of the City of Sanford Code/Land Development Regulations. Ad published December 11, 2011. [Commission Memo 11 -208] Vice Mayor Mahany moved to approve the first reading of Ordinance No. 4261. Seconded by Commissioner M and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye 2011 -756 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye G) First Reading: Ordinance No. 4262, relating to dishonored checks issued to the City. Ad published December 11, 2011. [Commission Memo 11 -209] Vice Mayor Mahany moved to approve the first reading of Ordinance No. 4262, as amended to provide a flat fee of $25 for dishonored checks. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye H) Continue to February 13, 2012: First reading of Ordinance No. 4240 vacating a portion of 2 °d Street generally located at 915 West 1St Street. RCE Consultants, LLC (Laurence and Rebecca Poliner), Applicant; Harry Ellis, Jr., Owner. Ad published May 29, 2011 and June 12, 2011; property posted May 31, 2011; owners notified May 25, 2011. Continued from August 22, 2011. Commissioner Jones moved to continue this item to February 13, 2012. Seconded by Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye 2011 -757 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Jones Aye 8) OTHER ITEMS. City Manager Bonaparte requested the addition of Item F, Resolution No. 2268, amending the Classification and Pay Plan. A) Resolution No. 2261, amending the City's annual operating budget for the fiscal year beginning October 1, 2011 and ending September 30, 2012. [Commission Memo 11 -211 ] Vice Mayor Mahany moved to adopt Resolution No. 2261. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M ° Carty Aye Commissioner Williams Aye Commissioner Jones Aye B) Resolutions providing for the approval of and entering into agreements with the Florida Department of Transportation (FDOT). [Commission Memo 11 -214] 1. Resolution No. 2262, Utility Work Agreement relating to State Road 415; FDOT project assigned Financial Project Number 407355- 1- 52 -01. Commissioner Jones moved to adopt Resolution No. 2262. Seconded by 2011 -758 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye 2. Resolution No. 2263, Utility Work Agreement relating to State Road 46; FDOT project assigned Financial Project Number 240216- 5- 52 -01. Commissioner Jones moved to adopt Resolution No. 2263. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye 3. Resolution No. 2264, Selective Utility Work Agreement relating to State Road 46; FDOT project assigned Financial ProjectNumber 240216- 5- 56 -01. Commissioner Williams moved to adopt Resolution No. 2264. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M Aye Commissioner Williams Aye Commissioner Jones Aye 2011 -759 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING C) Resolution No. 2265, relating to the State Revolving Fund loan program for the additional funding for the development of drinking water facilities. [Commission Memo 11 -215] Vice Mayor Mahany moved to adopt Resolution No. 2265. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M ° Carty Aye Commissioner Williams Aye Commissioner Jones Aye D) Resolution No. 2266, amending the City's annual operating budget for the 2011 Edward Byrne Memorial Assistance grant. [Commission Memo 11 -216] Commissioner Jones moved to adopt Resolution No. 2266. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M ° Carty Aye Commissioner Williams Aye Commissioner Jones Aye E) Resolution No. 2267, amending the City's annual operating budget for the Persimmon Avenue Pedestrian Trail. [Commission Memo 11 -212] Commissioner Williams moved to adopt Resolution No. 2267. Seconded by Commissioner Jones and carried by vote of the Commission as follows: 2011 -760 CITY COMMISSION MINUTES DECEMBER 12, 2011 REGULAR MEETING Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Jones Aye F) Resolution No. 2268, amending the Classification and Pay Plan relating to the City Manager's office and the Public Works Department. [Commission Memo 11 -217] Vice Mayor Mahany moved to adopt Resolution No. 2268. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Jones Aye 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. Mr. Bonaparte announced that Saturday's issue of the Sanford Herald included an article written by City Staff member Lisa Mosca. City Spotlight will be a regular article that will provide citizens with information about ongoing operations of the City of Sanford. He thanked Editor Rachel Delinski for working with the City on this. 12) CITIZEN PARTICIPATION. Toby Troutman spoke regarding communal feedings in Centennial Park 2011 -761 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING and the impact they have on the Woman's Club of Sanford. Also, she and fellow members of the Club are concerned about the idle male population that stays in that area. Larry Volenec, P.E., FPL Area Manager External Affairs, provided a brief update regarding FPL. 13) CITY COMMISSIONER'S REPORTS. Vice Mayor Mahany congratulated Mr. George on his appointment as Deputy City Manager. The Christmas parade was wonderful; she thanked Staff for a great evening. She thanked Lisa Jones for picking up the origami crane Christmas tree made by Midway Elementary School from the Woman's Club and delivering it to City Hall for display in the lobby. Fields BMW held a grand opening yesterday in District 4. She is a member of the Woman's Club and dittoed what Ms. Troutman said earlier. She wished everybody a Merry Christmas. Commissioner M ° Carty gave a powerpoint presentation which highlighted happenings in Sanford. The Christmas parade has developed into a premier event in central Florida. He thanked all of Staff for doing a great job at City Hall. Commissioner Jones echoed the comments of Vice Mayor Mahany and Commissioner M ° Carty. He asked Lisa Jones to tell the guys at Channel 2 thank you for coverage of the Christmas parade. He asked Mr. Bonaparte if someone can get with James Lee about the pictures that he took of the parade. He wished everyone a Merry Christmas and a Happy New Year. 2011 -762 CITY COMMISSION MINUTES DECEMBER 12, 2011 REGULAR MEETING Commissioner Williams commended Mike Kirby's department for the excellence of the Christmas parade. Last Saturday a group of police officers sponsored a community barbeque in the Goldsboro area and fed 300+ citizens; she commended Police Chief Lee. She reminded the Commission that Mr. Kirby's department is sponsoring a Christmas gala on December 16 from 6:30 — 9:30 at the Boys and Girls Club; she passed out invitations and said that anyone who wanted to attend should let her know. Mayor Triplett said that he learned that this years Christmas parade will be the City's last parade coordinated by Althea Parrish, because she is retiring. He asked the Commission to do something for her to thank her for her time and efforts over the years. He welcomed Mr. George back to the fold. He thanked Vice Mayor Mahany and Andrew Thomas who have worked on the issues of pan handling, group feedings, and loitering, and encouraged the Commission to continue to have a thick skin and know that that the Commission is going in the right path with true resolutions. He thanked Police Chief Lee for the picnic project. Commissioner Williams said that she went to The Barn and met with Michelle Parker's family and expressed concern and support on behalf of the City. Also, the Pastor of Allen Chapel and someone from the Police Department were there. Vice Mayor Mahany said that the Mayor bought the snow machine used at the Christmas parade for the City. She thanked the Mayor for inviting her nephew to help him light the Christmas tree. 2011 -763 CITY COMMISSION MINUTES DECEMBER 12 2011 REGULAR MEETING There being no further business, the meeting was Vjdpmed at 9:45 PM. Mayor Jeff Attest: r i cP