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021014 rm agn & minCITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MEETING City Commission Chambers 1St Floor Sanford City Hall MONDAY, February 10, 2014 300 North Park Avenue 7 PM Sanford, Florida ----------------w—ww ---------------- ���w���������M������w 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) ------------------ww----------- -- ---- --- w--------- - - - ---� 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 (5) 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 form 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, 04111 /11) AGENDA 1) Meeting call to order by Mayor Triplett. 2) Invocation by Mr. Rudy Encarnacion, Spirit of Truth Worship Ministry. 3) Pledge of Allegiance. 4) Presentations: CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MEETING • Sanford Police Department's Life Saving Award to Officer Eric Paris • Certificate of Appreciation to Sanford Citizen Doris Gardner 5) Minutes: January 27, 2014 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 14 -029] A. Approve the special event application with street closures, noise permit, and an alcohol permit from 12:00 PM to 10:00 PM on March 22, 2014 for the 3rd Annual Pint & Paws Craft Beer Festival. B. Approve the special event permit, alcohol permit, and noise permit for the New Year Celebration that will be held at the Laotian Buddhist Temple on April 19 and April 20, 2014. C. Approve the special event permit, noise permit, and street closures for the Chocolate Sundae Run that will be held on May 10, 2014. D. Approve the special event permit, noise permit and street closures for the Turkey Day 5K that will be held at 8 AM on Thursday, November 27, 2014, E. Approve the State of Florida Low Income Home Energy Assistance Program for FY 201412015. (WS -5.C) 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; 2„0 - applicant/requesting party; 3 rd - public; final - City Commission motion, discussion and action.) CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MEETING A. Continuance of Second reading of Ordinance No. 4313 to rezone approximately 214.54 acres at 2401 E. Lake Mary Boulevard from MI -2, Medium Industrial to PD, Planned Development, subject to approving the Comprehensive Plan Amendment and a Development Order that includes all recommended conditions; owner: Safari Investments, LLC; Sadique Jaffer, Manager; Silvestri Estates. Ad published January 12, 2014. [Commission Memo 14 -0361 B. First reading of Ordinance No. 4315 to amend City Code re: regulation of wastewater and wastewater discharges into the City's sewer system in order to be in compliance with the updated Florida Department of Environmental Protection (FDEP) and the Environmental Protection Agency (EPA) regulations; Ad published February 9, 2014. [Commission Memo 14 -0371 8) OTHER ITEMS. A. Approve Resolution No. 2453 to authorize the Local Agency Program Grant Agreement with the Florida Department of Transportation and approve Resolution No. 2454 to amend the budget and funding from the Second generation Sales Tax Fund for the Persimmon Avenue Sidewalk Project in an amount not to exceed $107,892.20. [Commission Memo 14 -038] B. Approve Resolution No. 2455 amending the operational budget in recognition of the 2013 Edward Byrne Memorial Assistance Justice Grant in the amount of $17,688. [Commission Memo 14- 039] C. Approve Resolution No. 2456 amending the FY 2014 Operating Budget to authorize the purchase of a Watch Commander Vehicle. [Commission Memo 14 -040] (WS-5.B) D. Demolition of structures located at 1002 W. 9t" Street; owner: Trecy D. King; Notice of condemnation public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MEETING posted with Order of Condemnation January 16, 2014; Order of Condemnation sent certified mail to owner January 21, 2014. [Commission Memo 14-041] E. Demolition of structure located at 1406 W. 14th Street; owner: Tiffany L. Jones; Notice of public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of Condemnation January 16, 2014. Order of Condemnation sent certified mail to owner January 21, 2014. [Commission Memo 14 -042] F. Demolition of structure located at 904 Celery Avenue; owners: Samuel Wright, Ray Wright and Deidre Wright -Brown Et Al; Notice of public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of Condemnation January 16, 2014; Order of Condemnation sent certified mail to owner January 21, 2014. [Commission Memo 14 -043] G. Demolition of structure located at 1805 Holly Avenue; owner: Chase Home Finance LLC; Notice of public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of Condemnation January 16, 2014; Order of Condemnation sent certified mail to owner January 21, 2014. [Commission Memo 14 -044] H. Demolition of structure located at 921 Locust Avenue; owner: Eleanor J. Martin; Notice of public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of Condemnation January 16, 2014; Order of Condemnation sent certified mail to owner January 21, 2014. [Commission Memo 14 -045] CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MEETING I. Approve the revised lease with the Seminole County School Board (Mellonville Annex) and authorize the City Manager to revise the dates therein to ensure that the City has a full 7 -year lease terms after full execution of the document. [Commission Memo 14- 035] (WS -5.A) 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. 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 FEBRUARY 109 2014 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 10, 2014, 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 Cynthia Porter 1) Meeting was called to order by Mayor Triplett at 7:13 PM. 2) Invocation by Mr. Rudy Encarnacion, Spirit of Truth Worship Ministry. 3) Pledge of Allegiance. 4) Presentations: • Sanford Police Department's Life Saving Award to Officer Eric Paris • Certificate of Appreciation to Sanford Citizen Doris Gardner 5) Minutes: January 27, 2014 Work Session and Regular Meeting. Commissioner Mahany moved to approve the Minutes. 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 CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MEETING Commissioner Mahany Aye 6) CONSENT AGENDA: [Commission Memo 140291 A. Approve the special event application with street closures, noise permit, and an alcohol permit from 12:00 PM to 10:00 PM on March 22, 2014 for the 3rd Annual Pint & Paws Craft Beer Festival. B. Approve the special event permit, alcohol permit, and noise permit for the New Year Celebration that will be held at the Laotian Buddhist Temple on April 19 and April 20, 2014. C. Approve the special event permit, noise permit, and street closures for the Chocolate Sundae Run that will be held on May 10, 2014. D. Approve the special event permit, noise permit and street closures for the Turkey Day 5K that will be held at 8 AM on Thursday, November 27, 2014. E. Approve the State of Florida Low Income Home Energy Assistance Program for FY 2014/2015. (WS -5.C) Commissioner Mahany moved to approve the Consent Agenda. 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 CITY COMMISSION MINUTES FEBRUARY 1 O, 2414 REGULAR MEETING 7} PUBLIC HEARINGS: A. Continuance of Second reading of Ordinance No. 4313 to rezone approximately 214.54 acres at 2401 E. Lake Mary Boulevard from MI -2, Medium Industrial to PD, Planned Development, subject to approving the Comprehensive Plan Amendment and a Development Order that includes all recommended conditions; owner: Safari Investments, LLC; Sadique Jaffer, Manager; Silvestri Estates. Ad published January I2, 2014. [Commission Memo 14 -036] William Barfield, Esq., applicant on behalf of the owner, provided 13 proposed conditions that could be part of the ordinance. City Attorney Colbert advised the Commission that there are two Ordinances both numbered 4313 included in today's agenda packet: one that was approved on first reading at the January 13, 2014 Regular Meeting with revised development configuration; and the original one with the original development configuration. If the majority of the Commission wants to adopt the one which was approved on first reading on January 13 then a development agreement can be drafted with all that should be in it. If the Commission wants to go back to the original plan it can be approved on first reading tonight and when it comes back for second reading the text of an outline of an agreement with the conditions the Commission wants can be provided or those conditions can be included within the ordinance. CITY COMMISSION MINUTES FEBRUARY 109 2014 REGULAR MEETING Commissioner Williams moved to approve the first reading of Ordinance No. 4313 which at the top of the ordinance reads (Minor edits with original proposed development configuration) with the addition of 13 conditions provided to the Commission tonight by the applicant. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Nay Commissioner M °Carty Nay Commissioner Williams Aye Commissioner Mahany Aye [Commissioner Mahany left the meeting at 9:48 PM.] 13. First reading of Ordinance No. 4315 to amend City Code re: regulation of wastewater and wastewater discharges into the City's sewer system in order to be in compliance with the updated Florida Department of Environmental Protection (FDEP) and the Environmental Protection Agency (EPA) regulations; Ad published February 9, 2014. [Commission Memo 14 -037] Vice Mayor .Tones moved to approve the first reading of Ordinance No. 4315. 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 CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MEETING Commissioner Mahany Absent 8) OTHER ITEMS. A. Approve Resolution No. 2453 to authorize the Local Agency Program Grant Agreement with the Florida Department of Transportation and approve Resolution No. 2454 to amend the budget and funding from the Second generation Sales Tax Fund for the Persimmon Avenue Sidewalk Project in an amount not to exceed $107,892.20. [Commission Memo 14- 038] Vice Mayor .tones moved to approve Resolution No. 2453. 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 Absent Commissioner Williams moved to approve Resolution No. 2454. 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 Absent B. Approve Resolution No. 2455 amending the operational budget in recognition of the 2013 Edward Byrne Memorial Assistance Justice Grant CITY COMMISSION MINUTES FEBRUARY 109 2014 REGULAR MEETING in the amount of $17,688. [Commission Memo 14039] Vice Mayor Jones moved to approve Resolution No. 2455. 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 Absent C. Approve Resolution No. 2456 amending the FY 2014 Operating Budget to authorize the purchase of a Watch Commander Vehicle. [Commission Memo 14 -040] (WS -5.13) Commissioner Williams moved to approve Resolution No. 2456. 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 Absent D. Demolition of structures located at 1002 W. 9t]' Street; owner: Trecy D. King; Notice of condemnation public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of Condemnation January 16, 2014; Order of Condemnation sent certified CITY COMMISSION MINUTES FEBRUARY 109 2014 REGULAR MEETING mail to owner January 21, 2014. [Commission Memo 14 -041] Commissioner Williams moved to approve the order of demolition and provide for a delay of 90 days provided the applicant provide 30 day progress reports to the Code Enforcement office. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M °Carty Nay Commissioner Williams Aye Commissioner Mahany Absent E. Demolition of structure located at 1406 W. 14th Street; owner: Tiffany L. Jones; Notice of public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of Condemnation January 16, 2014; Order of Condemnation sent certified mail to owner January 21, 2014. [Commission Memo 14 -042] Vice Mayor Jones moved to approve the order of demolition. 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 Absent CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MEETING F. Demolition of structure located at 904 Celery Avenue; owners: Samuel Wright, Ray Wright: and Deidre Wright -Brown Et Al; Notice of public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of Condemnation January 16, 2014; Order of Condemnation sent certified mail to owner January 21, 2014 [Commission Memo 14 -043] Commissioner Williams moved to approve the order of demolition and provide for a delay of 90 days provided the applicant provide 30 day progress reports to the Code Enforcement office. Seconded by Vice Mayor Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Jones Aye Commissioner M °Carty Nay Commissioner Williams Aye Commissioner Mahany Absent G. Demolition of structure located at 1805 Holly Avenue; owner: Chase Home Finance LLC; Notice of public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR MELTING Condemnation January 16, 2014; Order of Condemnation sent certified mail to owner January 21, 2014, [Commission Memo 14 -044] Vice Mayor Jones moved to approve the order of demolition. 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 Absent H. Demolition of structure located at 921 Locust Avenue; owner: Eleanor J. Martin; Notice of public hearing sent to owner on December 11, 2013; Property posted December 16, 2013; Ad published in the Sanford Herald on December 22 and 29, 2013; Condemnation public hearing held January 13, 2014; property posted with Order of Condemnation January 16, 2014; Order of Condemnation sent certified mail to owner January 21, 2014. [Commission Memo 14045] Commissioner M'Carty moved to approve the order of demolition. 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 Absent CITY COMMISSION MINUTES FEBRUARY 10, 2014 REGULAR ME, ETING 1. Approve the revised lease with the Seminole County School Board (Mellonville Annex) and authorize the City Manager to revise the dates therein to ensure that the City has a full 7 -year lease terms after full execution of the document. [Commission Memo 14 -035] (WS -5.A) 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 °Carty Aye Commissioner Williams Aye Commissioner Mahany Absent 9) CITY ATTORNEY'S REPORT. Attorney Colbert said that going back to 8.1), demolition of 1002 W. 9`t' Street, there may be a squatter there that would require going to court to evict the squatter. Ile recommended the proper motion would be to authorize the City Attorney to work with Staff to evict the squatter. Vice Mayor Jones moved on the City Attorney's recommendation. 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 Absent 10) CITY CLERK'S REPORT. FEBRUARY 109 2014 REGULAR MEETING 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. 13) CITY COMMISSIONER'S REPORTS. Commissioner M'Carty gave a slide show presentation about Sanford's Arbor Day celebration at Hamilton Elementary School. There being no further business, the meeling vv s adjourned at 10:30 PM. Mayor ;Off 'hiplett Attest: City Clerk ep