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081114 rm agn & minCITY COMMISSION MINUTES MONDAY, Aug. 11, 2014 7 PM 2014 -229 AUGUST 11, 2014 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 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) 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, 04/11/11) AGENDA 04 1) Meeting call to order by Mayor Triplett. CEREMONIAL MATTERS: 2) Legislative Prayer by Pastor Jose Hernandez, Vida Nueva Church. 2014-230 CITY COMMISSION MINUTES AUGUST 11, 2014 REGULAR MEETING 3) Pledge of Allegiance. 4) Presentations: • Presentation — St. Johns River Festival of the Arts • Wekiva Parkway Update — Mary Brooks, WP PIO 5) Minutes: July 14, 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 14-129] A. Approve an Amendment to the Interlocal Agreement Creating the Orlando Urban Area Metropolitan Planning Organization, d/b/a MetroPlan Orlando, A Regional Transportation Partnership to remove the Orlando-Orange County Expressway Authority and add the Central Florida Expressway Authority. B. Award of Bid IFB #1314-10 to Halifax Paving, Inc. in an amount not to exceed $843,589 and approve a budget transfer from the 2nd Generation Tax Fund for the Persimmon Avenue Widening Project. C. Approve Change Order No. 1 to Brown and Caldwell to perform Davis-Bacon payroll compliance review services for the water quality improvements projects pipe rehabilitation program, in the amount of $18,804. D. Approve the School Resource Officer (SRO) agreement between the City of Sanford and Seminole County School Board which will compensate the City in the amount of $263,405. E. Approve a budget transfer in an amount not to exceed $67,763, and procurement of a Portable Trommel Screen from Screen USA. CITY COMMISSION MINUTES 2014 -231 AUGUST 11, 2014 REGULAR MEETING F. Approve the special event permit, alcohol permit, noise permit and street closure for the "Sanford Avenue Street Party" to be held on August 17, 2014. G. Approve the special event permit, alcohol permit, noise permit, street closure, and the delayed payment of the security costs until October 20, 2014, for the "Latino Festival on the Lake" to be held on September 20, 2014. H. Approve the special event permit, noise permit and street closure for the "Eid al -Adha" to be held on October 3 or 4, 2014. Approve the special event permit, alcohol permit, noise permit, street closure, and the delayed payment of security costs until November 11, 2014, for "Sanford's Riverfront Festival" to be held on October 11, 2014. J. Approve the special event permit, noise permit, and street closures for "Seminole County Day of Unity" to be held on October 18, 2014. K. Approve the special event permit, alcohol permit and noise permit for "All Souls Catholic Church Annual Harvest Festival" from October 31 - November 2, 2014. L. Approve the special event permit, alcohol permit, noise permit, street closure and the delayed payment of the security costs until November 4, 2014, for the "Historic Goldsboro Festival" event on October 4, 2014. M. Approve the FY 2014/2015 funding agreement between the City and MetroPlan Orlando in the amount of $26,933.50 and authorize the Mayor to execute the agreement. N. Approve request for City utility service for property located on Cameron Avenue (address not yet assigned) with the owner responsible for paying all applicable fees to include utility impact fees and meter set charges; that the Annexation Petition be recorded in the public records; and to consider annexation of the property when it becomes annexable; Seminole Land Management, 2014 -232 CITY COMMISSION MINUTES AUGUST 11, 2014 REGULAR MEETING LLC, owner. O. Waive City permit fees for the Seminole County Public Schools Sports Hall of Fame Project. (WS -4.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; 2nd - applicant/requesting party; 3rd - public; final - City Commission motion, discussion and action. A. Continuation of the second reading of Ordinance No. 4320, to rezone 6.74 acres at 520, 530, and 541 N. Palmetto Avenue from SC -3, Special Commercial, to PD, Planned Development, for Marina Isle, a mixed use development; City of Sanford, owner; lessee TFA IV, LLC.; Ad published June 29, 2014. [Commission Memo 14 -130] B. First reading of Ordinance No. 4321, to vacate portions of easements lying within the property boundary of 135 N. Summerlin Avenue; Michael Oliver, owner; Ad published July 27, 2014. [Commission Memo 14-131] C. First reading of Ordinance No. 4322, to annex 4.82 acres at 2601 Celery Avenue; Goldchem, LLC, owner; Ad published August 10, 2014. [Commission Memo 14 -132] 8) OTHER ITEMS. A. Approve Resolution No. 2471, to approve the budget amendment in the amount of $2 million to establish a design, engineering and inspection budget for Sanford RiverWalk Phase III which will complete the RiverWalk. [Commission Memo 14 -133] B. Approve Resolution No. 2472, to authorize the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation (FDOT) and authorize the City staff to seek revisions to the Interlocal Agreement with Seminole County CITY COMMISSION MINUTES 2014 -233 AUGUST 11, 2014 REGULAR MEETING which would harmonize the FDOT agreement and the County Interlocal Agreement. [Commission Memo 14 -134] C. Approve Resolution No. 2473, approving Hernon Manufacturing, Inc. ( Hernon) for a Jobs Growth Incentive (JGI) Program Funding award and authorizing execution of the associated Interlocal Agreement with the Board of County Commissioners of Seminole County. [Commission Memo 14 -135] (WS -4.A) D. Approve Resolution No. 2474, approving Advanced Business Networking Inc.,(dba: True Choice Telecom) for a Jobs Growth Incentive (JGI) Program Funding award and authorizing execution of the associated Interlocal Agreement with the Board of County Commissioners of Seminole County. [Commission Memo 14 -136] (WS -4. B) E. Approve the Final Plat for Thombrooke Phase I, a residential development located at 133 N. White Cedar Road as recommended by Staff and the Planning & Zoning Commission subject to the plat meeting all legal and technical requirements. [14- 138] 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 2014 -234 AUGUST 119 2014 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, August 11, 2014, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Jeff Triplett Vice Mayor Velma Williams Commissioner Mark M °Carty Commissioner Randy Jones Commissioner Patty Mahany City Manager Norton N. Bonaparte, Jr. Assistant City Attorney Lonnie Groot City Clerk Cynthia Porter CALL TO ORDER: 1) Meeting was called to order by Mayor Triplett at 7:10 PM. 2) Legislative Prayer by Pastor Jose Hernandez, Vida Nueva Church. 3) ' Pledge of Allegiance. 4) Presentations, Proclamations and Awards: • Presentation — St. Johns River Festival of the Arts • Wekiva Parkway update — Mary Brooks, WP Public Information Officer BUSINESS OF THE COMMISSION: 5) Minutes: July 14, 2014 Work Session and Regular Meeting. Vice Mayor Williams moved to approve the Minutes. Seconded by Commissioner Jones and carried by vote of the Commission as follows: CITY COMMISSION MINUTES AUGUST 119 2014 REGULAR MEETING Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye 6) CONSENT AGENDA: [Commission Memo 14 -129] A. Approve an Amendment to the Interlocal Agreement Creating the Orlando Urban Area Metropolitan Planning Organization, d/b /a MetroPlan Orlando, A Regional Transportation Partnership to remove the Orlando- Orange County Expressway Authority and add the Central Florida Expressway Authority. B. Award of Bid IFB #1314 -10 to Halifax Paving, Inc. in an amount not to exceed $843,589 and approve a budget transfer from the 2nd Generation Tax Fund for the Persimmon Avenue Widening Project. C. Approve Change Order No. 1 to Brown and Caldwell to perform Davis -Bacon payroll compliance review services for the water quality improvements projects pipe rehabilitation program, in the amount of $18,804. D. Approve the School Resource Officer (SRO) agreement between the City of Sanford and Seminole County School Board which will compensate the City in the amount of $263,405. E. Approve a budget transfer in an amount not to exceed $67,763, and procurement of a Portable Trommel Screen from Screen USA. F. Approve the special event permit, alcohol permit, noise permit and street closure CITY COMMISSION MINUTES A.M.AIV &. AUGUST 115 2014 REGULAR MEETING for the "Sanford Avenue Street Party" to be held on August 17, 2014. G. Approve the special event permit, alcohol permit, noise permit, street closure, and the delayed payment of the security costs until October 20, 2014, for the "Latino Festival on the Lake" to be held on September 20, 2014. H. Approve the special event permit, noise permit and street closure for the `Bid al- Adha" to be held on October 3 or 4, 2014. I. Approve the special event permit, alcohol permit, noise permit, street closure, and the delayed payment of security costs until November 11, 2014, for "Sanford's Riverfront Festival" to be held on October 11, 2014. J. Approve the special event permit, noise permit, and street closures for "Seminole County Day of Unity" to be held on October 18, 2014. K. Approve the special event permit, alcohol permit and noise permit for "All Souls Catholic Church Annual Harvest Festival" from October 31 - November 2, 2014. L. Approve the special event permit, alcohol permit, noise permit, street closure and the delayed payment of the security costs until November 4, 2014, for the "Historic Goldsboro Festival" event on October 4, 2014. M. Approve the FY 2014/2015 funding agreement between the City and MetroPlan Orlando in the amount of $26,933.50 and authorize the Mayor to execute the agreement. CITY COMMISSION MINUTES - = =.s: AUGUST 119 2014 REGULAR MEETING N. Approve request for City utility service for property located on Cameron Avenue (address not yet assigned) with the owner responsible for paying all applicable fees to include utility impact fees and meter set charges; that the Annexation Petition be recorded in the public records; and to consider annexation of the property when it becomes annexable; Seminole Land Management, LLC, owner. O. Waive City permit fees for the Seminole County Public Schools Sports Hall of Fame Project. (WS -4.C) Commissioner Mahany moved to approve the Consent Agenda. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye 7) PUBLIC HEARINGS: A. Continuation of the second reading of Ordinance No. 4320, to rezone 6.74 acres at 520, 530, and 541 N. Palmetto Avenue from SC -3, Special Commercial, to PD, Planned Development, for Marina Isle, a mixed use development; City of Sanford, owner; lessee TFA IV, LLC.; Ad published June 29, 2014. [Commission Memo 14 -130] Frank Cerasoli, Managing Member, TFA IV, LLC, provided handouts to the Commission, and reviewed the same: a portion of Interim Hospitality Consultants Feasibility CITY COMMISSION MINUTES AUGUST 119 2014 REGULAR MEETING Study with Financial Projections for a proposed Courtyard Marriott in Sanford, Florida on Marina Isle for TFA IV, LLC; Construction Cost Study Marina Isle Hotel recap; Marina Isle Hotel Site Plan; and conceptual photographs. There was lengthy discussion during which the meeting was recessed and reconvened. There was also citizen participation by those who were opposed to the development; those who were in favor of the development; and those who were undecided. Vice Mayor Williams moved to adopt Ordinance No. 4320 with the addition to Section 2, sub - section 2.C.7: the approval herein is subject to the submission of a site development plan acceptable to the City Commission and solely based upon application of the City's Land Development Regulations prior to the issuance of a building permit. Seconded by Commissioner Jones. The motion failed by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Nay Commissioner Jones Nay Commissioner Mahany Nay Commissioner Mahany read a prepared statement regarding the precise reasons for denial, as follows: First, I appreciate the comments of City staff, but I just must disagree with the conclusions that they have presented to us. I do not doubt that staff came to its conclusions in an effort to be objective, but my views have, likewise, come about after an objective evaluation of the issues and a review of the facts presented to us and all relevant matters. CITY COMMISSION MINUTES 2014 -239 AUGUST 11, 2014 REGULAR MEETING In my judgment, the requested development approval sought is not consistent with the City of Sanford Comprehensive Plan and development of the property, as currently proposed, would not be consistent with and in compliance to applicable land development regulations and all other applicable regulations and ordinances as set forth in the Code of Ordinances of the City of Sanford. The property is located in a critical area of the City. It is crucial that the City revitalize the Marina, the Historic Downtown area and the general downtown area of the City. The City's Comprehensive Plan encourages strategic planning efforts and meticulous planning is critical in that regard. At this juncture, we cannot be certain that the proposed uses of the property are appropriate for the property and would move the City toward attainment of its planning and development goals. We cannot make those conclusions because we do not have a precise plan of development. There are many unknowns, and worse yet, there are unknown unknowns. Mr. Colbert has advised us that we must state, with precision, why we would deny this application. Thus, I will articulate, the essence, of my objections. Objective 1 -1.5 of the City's Comprehensive Plan provides for the encouragement of planned developments, but clearly states that (and I quote): The City shall maintain and enforce land development regulations which include provisions for encouraging establishment of strategically located mixed use planned development. CITY COMMISSION MINUTES 2014 -240 AUGUST 119 2014 REGULAR MEETING Section 4.3.A. of the City's Land Development Code relates to planned development project plan review and states, among other requirements, that (and I quote again): "Approval of planned development project plans shall constitute and thereby require an amendment to the zoning district map. The procedure for review of planned development project plans shall be as follows: Application for approval. The applicant for approval of a planned development project plan shall submit at least nine copies of the master plan folded to nine inches by 12 inches, the supplementary materials required to accompany such plan and the fee established in article X to the administrative official, such plan, supplementary materials and fee being collectively hereinafter called the "proposed planned development project plan." The planned development project plan and supplementary materials shall be in the form prescribed..." We have not been presented with a master plan. In this critical area of the City we need to know PRECISELY what is to be developed. We cannot comply with the Comprehensive Plan and Land Development Code without a master plan. We cannot act strategically without a master plan. We need to evaluate the impacts that would result from the proposed uses upon surrounding proximate properties and ensure that the proposed uses are compatible with the nature and intensity of the development surrounding the property and with the community character of the real property located in the immediate vicinity of the property which is being proposed for an imprecise planned development. We cannot do our job in evaluating the precise impacts and effects of development without a master plan. CITY COMMISSION MINUTES 201.4 -241 AUGUST 119 2014 REGULAR MEETING For these reasons I move that the application for the requested development approval be DENIED. Seconded by Commissioner McCarty and carried by vote of the Commission as follows: Mayor Triplett Nay Vice Mayor Williams Nay Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye B. First reading of Ordinance No. 4321, to vacate portions of easements lying within the property boundary of 135 N. Summerlin Avenue; Michael Oliver, owner; Ad published July 27, 2014. [Commission Memo 14 -131] Commissioner Mahany moved to approve the first reading of Ordinance No. 4321. Seconded by Commissioner McCarty and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye C. First reading of Ordinance No. 4322, to annex 4.82 acres at 2601 Celery Avenue; Goldchem, LLC, owner; Ad published August 10, 2014. [Commission Memo 14 -132] Commissioner McCarty moved to approve the first reading of Ordinance No. 4322. Seconded by Commissioner Jones and carried by vote of the Commission as follows: 8) CITY COMMISSION MINUTES Mayor Triplett Vice Mayor Williams Commissioner McCarty Commissioner Jones Commissioner Mahany OTHER ITEMS. A. Approve Resolution No. 2471, to apl 2014 -242 AUGUST 11, 2014 REGULAR MEETING Aye Aye Aye Aye Aye ►rove the budget amendment in the amount of $2 million to establish a design, engineering and inspection budget for Sanford RiverWalk Phase III which will complete the RiverWalk. [Commission Memo 14 -133] Commissioner McCarty moved to approve Resolution No. 2471. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye B. Approve Resolution No. 2472, to authorize the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation (FDOT) and authorize the City staff to seek revisions to the Interlocal Agreement with Seminole County which would harmonize the FDOT agreement and the County Interlocal Agreement. [Commission Memo 14 -134] Vice Mayor Williams moved to approve Resolution No. 2472 and authorize City staff to seek revisions to the Interlocal Agreement with Seminole County which would harmonize the FDOT agreement and the County Interlocal Agreement. Seconded by CITY COMMISSION MINUTES 2014 -243 AUGUST 11, 2014 REGULAR MEETING Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye C. Approve Resolution No. 2473, approving Hernon Manufacturing, Inc. (Herron) for a Jobs Growth Incentive (JGI) Program Funding award and authorizing execution of the associated Interlocal Agreement with the Board of County Commissioners of Seminole County. [Commission Memo 14 -135] (WS -4.A) Vice Mayor Williams moved to approve Resolution No. 2473 and authorize execution of the associated Interlocal Agreement with the Board of County Commissioners of Seminole County. Seconded by Commissioner McCarty and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye D. Approve Resolution No. 2474, approving Advanced Business Networking Inc., (dba: True Choice Telecom) for a Jobs Growth Incentive (JGI) Program Funding award and authorizing execution of the associated Interlocal Agreement with the Board of County Commissioners of Seminole County. [Commission Memo 14- 136] (WS -4.13) CITY COMMISSION MINUTES 2014 -244 AUGUST 11, 2014 REGULAR MEETING Commissioner Jones moved to approve Resolution No. 2474 and authorize execution of the associated Interlocal Agreement with the Board of County Commissioners of Seminole County. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye E. Approve the Final Plat for Thornbrooke Phase I, a residential development located at 133 N. White Cedar Road as recommended by Staff and the Planning & Zoning Commission subject to the plat meeting all legal and technical requirements. [14 -138] Vice Mayor Williams moved to approve the Final Plat for Thornbrook Phase I subject to the plat meeting all legal and technical requirements. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. CITY COMMISSION MINUTES 2014 -245 AUGUST 119 2014 REGULAR MEETING 12) CITIZEN PARTICIPATION. Nelson Beverly reminded everyone that the Summer Rewind of the Love Your Shorts Film Festival will be Friday, August, 22, 2014. 13) CITY COMMISSIONER'S REPORTS. There being no further business, the meeting was adjourned at 12:38 AM, August 12, 2014. Attest: v City LAerk cp