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.
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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.
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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,
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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
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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
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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
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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.
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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.
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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
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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
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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)
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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.
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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