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081213 rm agn & minCITY COMMISSION MINUTES CITY OF SANFORD CITY COMMISSION MEETING MONDAY, August 12, 2013 7 Pm AUGUST 1212013 REGULAR MEETING City Commission Chambers 1St 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 Cleric 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) Speaking Before the City Commission. There is a three (3) minutes time limit for each speaker on each item, except a person representing an organization and presenting its views during a quasi - judicial hearing will be allowed five (S) minutes, and a person speaking; under Citizen Participation will also be allowed five (5) minutes. Your cooperation is appreciated in observing; the time limit policy. Each person desiring to address the City Commission on an agenda item pending before the City Commission must, before addressing; the City Commission, legibly complete a citizen's input form and submit the force to the City Clerk or designee. Pledge of Civility. A resolution was adopted by the City Commission of the City of Sanford recognizing the importance of civility, decency, decorum and respectful behavior in promoting citizen participation in a democratic government. The City of Sanford calls upon the elected officials, employees, and the public to exercise civility toward each other. (Resolution No. 2226, 04/11/11) AGENDA 1) Meeting call to order by Mayor'T'riplett. CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING 2) Invocation by Missionary Rose Davis, Brethren Reaching Out. 3) Pledge of Allegiance. 4) Presentation. 5) Minutes. July 22, 2013 Work Session and Regular Meeting. 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 13 -157] A. Approve Interlocal Agreement with the City of Deland for treatment and use of biosolids. B. Award Bid Number 1FB 12113 -33 to Turning Water Industries Corporation in the amount of $54,000 for the North Water Reclamation Facility clarifier repair. C. Approve the School Resource Officer Agreement with the Seminole County School Board which compensates the City in the amount of $267,130.58. 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 "`i - applicant /requesting party; 3 "d - public; final - City Commission motion, discussion and action.) A. Second reading of Ordinance No. 4298 to annex 3950 Kentucky Street; City of Sanford, owner. Ad published July 28, 2013. [Commission Memo 13 -158] CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING B. First reading of Ordinance No. 4299 to annex 2816 St. Johns Parkway; Altavest LLC, (Mark Hansen, President); Ad published August 11, 2013. [Commission Memo 13 -159] C. Re: Cedar Pointe Planned Development; M & 1 Regional Properties, LLC (Steven J. Heder, Vice President). 1) First reading of Ordinance No. 4300 to amend the Town Center at White Cedar Planned Development to the Cedar Pointe Planned Development, subject to a Development Order that includes all recommended conditions; Ad published August 11, 2013. [Commission Memo 13 -162] 2) Approve the Preliminary Subdivision Plan with all conditions as recommended by Staff. [Commission Memo 13 -163] 8) OTHER ITEMS. A. Utility Service Line Warranty Program — enter into an agreement with for the program with commission fee option with the agreement subject to review and approval of the City Attorney and the Risk Manager. [Commission Memo 13 -160] (WS -1) B. Approve Resolution No. 2427 to amend the water /sewer fund budget in the amount of $464,165 for the U.S. 17 -92 CRA water and sewer line extension project. [Commission Memo 13 -164] C. Approve submission of the Community Development Block Grant One -Year 2013 -2014 Annual Action Plan to the Department of Housing and Urban Development. [Commission Memo 13 -165] (WS- 3) D. Approve Resolution No. 2428 authorizing the 2013 FRDAP grant applications for $200,000 for Coastline Park and $200,000 for Academy Manor Park project. [Commission Memo 13 -166] E. Authorize expenditure of $112,500 of budgeted capital funding for CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING the purchase of 25 mobile dispatch radios to be purchased from Motorola Corporation piggybacking the Seminole County Sheriff's Office contract pricing. [Commission Merno 13 -167] F. Approve request to designate the City's Paw Park Village as the area between 3 "d and 5th Streets, Laurel Avenue between 4th and 5th Streets, and 4th Street between French Avenue and Laurel Avenue (encompassing Parcel ID#'s 25 -19 -30 -5AG -0508 -0090, 25- 19- 30 -5AG- 0608 -0000, 25- 19.30 -5AG- 0607 -006A, and 25 -19 -30 -5AG -0607- 0080). [Commission Memo 13 -168] (WS -4) G. Approve Resolution No. 2429 authorizing; the lease purchase financing of a public safety rescue pumper vehicle and authorize execution of lease documents with US Bancorp Government [Commission Merno 13 -169]. H. Approve purchase of Hickman Marital Trust property at 308 E. I st Street in the amount of $450,000. [Commission Memo 13 -170] (WS -5) L Approve Resolution No. 2430 approving Earnest Products, Inc. for a Qualified Target Industry (QTI) award and approve Interlocal Agreement with Board of County Commissioners of Seminole County relating to the award. [Commission Memo 13 -171 ] J. Approve Resolution No. 2431 amending the Classification & Pay Plan re: Human Resources /Risk Management positions. [Commission Memo 13 -172] (WS -6) 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 CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING and may present additional written material. If you have a matter you would like to discuss which requires more than five (5) minutes, please feel free to arrange a meeting with the appropriate administrative or elected official. This Citizen Participation is for the City Commission to receive citizen input and comments pertaining to matters over which the City Commission has jurisdiction or control. Questions directed to the City Commission may be referred to City staff to be answered within a reasonable period of time following the meeting. 13) CITY COMMISSIONER'S REPORTS. CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, August 12, 2013, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Jeff Triplett Vice Mayor Randy Jones Commissioner Mark M °Carty Commissioner Velma Williams Commissioner Patty Mahany 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 7:05 PM. 2) Invocation by Missionary Rose Davis, Brethren Reaching Out. 3) Pledge of Allegiance. 4) Presentation. Police Lieutenant Mike Taylor, Police Sergeant Leon Ciesla, Jr., and Police Officer Carlena Dendekker, on behalf of the Bravo and Delta Squads, thanked Commissioner Mahany for feeding the Police Department well during the Zimmerman trial and presented her with a plaque of thanks. 5) Minutes. July 22, 2013 Work Session and Regular Meeting. Vice Mayor Jones moved to approve the Minutes. Seconded by Commissioner Williams and carried by vote of the Commission as follows: CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Mahany Aye 6) CONSENT AGENDA: [Commission Memo 13 -157] A. Approve Interlocal Agreement with the City of DeLand for treatment and use of biosolids. B. Award Bid Number IFB 12113 -33 to Turning Water Industries Corporation in the amount of $54,000 for the North Water Reclamation Facility clarifier repair. C. Approve the School Resource Officer Agreement with the Seminole County School Board which compensates the City in the amount of $267,130.58. Vice Mayor Jones moved to approve Consent Agenda Items A & B. Seconded by Commissioner M °Carty and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M °Carty Aye Commissioner Williams Aye Commissioner Mahany Aye Commissioner Mahany moved to approve Consent Agenda Item C. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING Commissioner McCarty Aye Commissioner Williams Aye Commissioner Mahany Aye 7) PUBLIC HEARINGS: A. Second reading of Ordinance No. 4298 to annex 3950 Kentucky Street; City of Sanford, owner. Ad published July 28, 2013. [Commission Memo 13 -158] Commissioner Mahany moved to adopt Ordinance No. 4298. Seconded by Commissioner McCarty and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner McCarty Aye Commissioner Williams Aye Commissioner Mahany Aye B. First reading of Ordinance No. 4299 to annex 2816 St. Johns Parkway; Altavest LLC, (Mark Hansen, President); Ad published August 11, 2013. [Commission Memo 13 -159] Commissioner Mahany moved to approve the first reading of Ordinance No. 4299. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner McCarty Aye Commissioner Williams Aye Commissioner Mahany Aye CITY COMMISSION MINUTES AUGUST 129 2013 REGULAR MEETING C. Re: Cedar Pointe Planned Development; M & 1 Regional Properties, LLC (Steven J. Heder, Vice President). At today's Work Session, Planning and Development Services Director Russ Gibson submitted and reviewed a revised Ordinance No. 4300. 1) First reading of Ordinance No. 4300 to amend the Town Center at White Cedar Planned Development to the Cedar Pointe Planned Development, subject to a Development Order that includes all recommended conditions; Ad published August 11, 2013. [Commission Memo 13 -162] Commissioner M'Carty moved to approve the first reading of Ordinance No. 4300. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M °Carty Aye Commissioner Williams Aye Commissioner Mahany Aye Commissioner Mahany requested that David Evans, Evans Engineering, who represents the applicant, provide examples of other communities that are three to four years old and some that are under construction that have 40 and 50 foot lot widths combined with five foot side yards. Mr. Evans said that he would provide that information to the Commission. CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING 2) Approve the Preliminary Subdivision Plan with all conditions as recommended by Staff. [Commission Memo 13 -1631 Commissioner Williams moved to approve this item. Seconded by Commissioner M °Carty and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Mahany Aye 8) OTHER ITEMS. A. Utility Service Line Warranty Program _. enter into an agreement with for the program with commission fee option with the agreement subject to review and approval of the City Attorney and the Risk Manager. [Commission Memo 13 -160] (WS -1) Commissioner Mahany moved to enter into an agreement with Utility Service Partners, Inc. (the company endorsed by the Florida League of Cities) for the utility service line warranty program with commission fee option 2 (the $.50 on the water line and the $.50 on the sewer line), with the agreement subject to review and approval of the City Attorney and Risk Manager. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye 0 CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Mahany Aye Approve Resolution No. 2427 to amend the water /sewer fund budget in the amount of $464,165 for the U.S. 17 -92 CRA water and sewer line extension project. [Commission Memo 13 -164] Commissioner Mahany moved to approve Resolution No. 2427. Seconded by Commissioner M'Carty and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor .tones Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Mahany Aye C. Approve submission of the Community Development Block Grant One- Year 20132014 Annual Action Plan to the Department of Housing and Urban Development. [Commission Memo 13-165] (WS -3) Commissioner Williams moved to approve this item. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Mahany Aye D. Approve Resolution No. 2428 authorizing the 2013 i~RDAP grant applications for $200,000 for Coastline Park and $200,000 for Academy Manor Park project. [Commission Memo 13 -166] CITY COMMISSION MINUTES AUGUST 129 2013 REGULAR MUTING Commissioner Williams moved to approve Resolution No. 2428. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M °Carty Aye Commissioner Williams Aye Commissioner Mahany Aye E. Authorize expenditure of $112,500 of budgeted capital funding for the purchase of 25 mobile dispatch radios to be purchased from Motorola Corporation piggybacking the Seminole County Sheriff's Office contract pricing. [Commission Memo 13 -167] Vice Mayor Jones moved to approve this item. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M °Carly Aye Commissioner Williams Aye Commissioner Mahany Aye F. Approve request to designate the City's Paw Park Village as the area between 3r1 and 5th Streets, Laurel Avenue between 4th and 5th Streets, and 4th Street between French Avenue and Laurel Avenue (encompassing Parcel 1D #'s 25 -19 -30 -5AG -0508 -0090, 25 -19 -30 -5AG -0608 -0000, 25- 19- 30- 5AG - 0607 -006A, and 25 -19 -30 -5AG- 0607 - 0080). [Commission Memo 13 -168] (WS -4) This item was removed from the agenda for two weeks. CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MELTING G. Approve Resolution No. 2429 authorizing the lease purchase financing of a public safety rescue pumper vehicle and authorize execution of lease documents with US Bancorp Government. [Commission Memo 13 -169] Vice Mayor Jones moved to approve Resolution No. 2429. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Mahany Aye H. Approve purchase of Hickman Marital Trust property at 308 E. 1st Street in the amount of $450,000. [Commission Memo 13 -170] (WS-5) Commissioner Mahany moved to approve this item. Seconded by Commissioner M'Carty and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M'Carty Aye Commissioner Williams Aye Commissioner Mahany Aye L Approve Resolution No. 2430 approving Earnest Products, Inc. for a Qualified Target Industry (QTI) award and approve Interlocal Agreement with Board of County Commissioners of Seminole County relating to the award. [Commission Memo 13 -171] Vice Mayor Jones moved to approve Resolution No. 2430 approving Earnest Products, Inc. for a Qualified Target Industry (QTI) award and approve Interlocal CITY COMMISSION MINUTES AUGUST 12, 2013 REGULAR MEETING Agreement with Board of County Commissioners of Seminole County relating to the award. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M`Carty Aye Commissioner Williams Aye Commissioner Mahany Aye J. Approve Resolution No. 2431 amending the Classification & Pay Plan re: Human Resources /Risk Management positions. [Commission Memo 13- 172] (WS -6) This item was removed from the agenda. 9} CITY ATTORNEY'S REPORT. City Attorney Colbert said there is litigation pending involving the Mayfair Golf Course: one is a suit by the City of Sanford to evict the lessee of the golf course and the other is a suit by the lessee of the golf course against the City of Sanford to recoup money that they originally paid to the City. Mr. Steve Phillips passed away suddenly and before his death there had been a tentative resolution of the eviction suit worked out that would have allowed for the City to regain possession of the golf course, for the City to be able to receive from the Court registry about $57,000 in rent payments that were escrowed; for the City to receive a judgment of approximately $120,000 against outstanding reclaimed water bills; and the conclusion of the lawsuit and the ending of CITY COMMISSION MINUTES AUGUST 129 2013 REGULAR MELTING further fees and costs associated with it. This particular settlement does not affect the other piece of litigation. It had to be put on hold due to Mr. Phillips death but now that an estate is open it is ready to go forward on that basis. He and Mr. Lawton of the firm representing the City recommends that the City authorize the settlement of the eviction suit which will result in the payment from the registry of the court of about $57,000, an entry of a $120,000 judgment, and the ultimate resolution of the lawsuit. Commissioner Williams moved to authorize the settlement of the eviction suit which will result in the payment from the registry of the court of about $57,000, an entry of a $120,000 judgment, and the ultimate resolution of the lawsuit. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M °Carty Aye Commissioner Williams Aye Commissioner Mahany Aye 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. 12) CITIZEN PAR'T'ICIPATION. Toby Wells expressed concern about drainage and lighting issues in Georgetown and asked the Commission to address these issues. City Manager Bonaparte said that Public Works Staff will look into the situation. AUGUST 12, 2013 REGULAR MEETING 13) CITY COMMISSIONER'S REPORTS. Commissioner M'Carty gave a slide presentation on happenings in Sanford. Mayor Triplett thanked Fire Chief Radzak and Police Chief Smith for helping out at Bealls Department Store with the back to school deal at the store. There being no further business, the meeting was adjourned at 8:13 PM. Attest: Deputy City Clerk ;W9