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121514 rm agn & minCITY COMMISSION MINUTES 2014 -385 DECEMBER 15, 2014 REGULAR MEETING City Commission Chambers 1St Floor Sanford City Hall MONDAY, December 15, 2014 300 North Park Avenue 7 PM 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 1) Meeting call to order by Mayor Triplett. CEREMONIAL MATTERS: 2) Legislative Prayer by Evangelist Diane Courtney, First Shiloh Missionary 2014-386 CITY COMMISSION MINUTES DECEMBER 15, 2014 REGULAR MEETING Baptist Church. 3) Pledge of Allegiance. 4) Presentations, Proclamations and Awards: BUSINESS OF THE COMMISSION: 5) Minutes: November 17, 2014 Joint Meeting with the Planning & Zoning Commission, November 17, 2014 Work Session and Regular Meeting, and November 24,2014 meeting prior to Labor Negotiations Team 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 14-193] A. Authorize 1 % cost of living increase to the City Manager's salary effective October 1, 2014, plus a one-time pay-out equal to 2% of his September 30, 2014 base salary as discussed at the November 17, 2014 Work Session. B. Approve procurement to Caraway Concrete Construction Inc. in an amount not to exceed $30,000 for citywide park projects. C. Approve the First Amendment to the Interlocal Agreement with Seminole County relating to the Seminole County Boater Improvement Program grant for the North Shore Revetment Project. D. Approve the Work Order to Reiss Engineering in the amount of $93,200 to obtain the identified services applicable to Hydraulic Modeling and the Pipe Bursting project. E. Approve the license agreement with Marcus O. Williams for the use 2014 -387 CITY COMMISSION MINUTES DECEMBER 15, 2014 REGULAR MEETING of Site 10 for cattle grazing. (WS -4.D) F. Approve the health care coverage, budget and monthly employee contributions as outlined in the related agenda memorandum. (WS- 4.A) G. Approve the special event permit with street closures, a noise permit and alcohol permit for the monthly 'Alive After Five' event on the second Thursday of every month in 2015. (WS -4.E) H. Approve amendment to the Interlocal Agreement with MetroPlan and authorize the Mayor to execute the amended agreement. Approve the special event permit, noise permit and street closures for the `Martin Luther King, Jr. Parade & Rally' on Monday, January 19, 2015. J. Approve the two month extension of the `Food Truck Bazaar' special event permit for January 3 and February 7, 2015, utilizing the parking lot at Hood Avenue and Seminole Blvd., with a waiver of the requirement that the applicants be "actively engaged in a licensed business and maintain a physical business location in the City ". (WS -4.17) K. Approve the special event permit and a noise permit with a waiver of Ordinance No. 4131 and Resolution 2190 for `Sanford 2015' to be held at the Historic Sanford Memorial Stadium on January 30 & 31, 2015. (WS -4.G) 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; 3`d - public; final - City Commission motion, discussion and action.) A. Administrative Appeal concerning an application for a Preliminary Subdivision Plan modification for Brisson West Subdivision located at 3890 Brisson Avenue; the Planning and CITY COMMISSION MINUTES 2014 -388 DECEMBER 15, 2014 REGULAR MEETING Zoning Commission on October 2, 2014 denied the request to reduce the 60 foot wide lot side yard setback to 5 feet; owner, Serengetti Properties, LLC; Notices mailed November 25, 2014; Property posted November 26, 2014; Ad published November 30, 2014. [Commission Memo 14 -196] B. Second reading of Ordinance No. 4326, granting Florida Public Utilities Company (FPUC) a non - exclusive 30 year franchise agreement. Ad published November 16, 2014. [Commission Memo 14 -197] C. First reading of Ordinance No. 4327, vacating an existing 15' wide east -west and north -south public utility easement located at 2508 French Avenue; O'Reilly Automotive Stores Inc. owner; Notices mailed November 25, 2014; Ad published November 30, 2014; Property posted December 1, 2014. [Commission Memo 14 -198] D. First reading of Ordinance No. 4328, annexing 4.99 acres located at 2387 Celery Avenue; Victory Deliverance Center, Inc., owner; Ad published December 14, 2014. [Commission Memo 14 -199] E. First reading of Ordinance No. 4329, to rezone 4 acres located at 4400 St. Johns Parkway from AG, Agriculture to PD, Planned Development; Eoghan N. Kelley Family LP, owner; Ad published December 14, 2014. [Commission Memo 14 -200] F. First reading of Ordinance No. 4330, to rezone 4.75 acres at 2306 W. 1St Street from AG, Agriculture to PD, Planned Development; Peggy J. Nestor, Trustee; Ad published December 14, 2014. [Commission Memo 14 -201 ] G. First reading of Ordinance No. 4331, amending City Code relating to administrative operations of City Boards, Commissions, and Committees; Ad published December 14, 2014. [Commission Memo 14 -202] (WS -4.13) 8) OTHER ITEMS. A. Rank Firms and authorize City Manager to negotiate an award CITY COMMISSION MINUTES 2014-389 DECEMBER 15, 2014 REGULAR MEETING of contract relative to Riverwalk Project Phase 111. [Commission Memo 14-203] (WS-4.C) B. Resolution No. 2496, to certify election results of the November 4, 2014 Regular City Election and the December 4, 2014 Run-off City Election. [Commission Memo 14-204] C. Resolution No. 2497, approving a budget amendment in the capital project budget and approve the purchase of a 2015 Ford F- 150 for an amount not to exceed $31,978. [Commission Memo 14- 205] D. Resolution No. 2498, amending the Classification and Pay Plan to reclassify one regular full-time Administrative Specialist 11 position into two regular part-time Administrative Specialist 11 positions in the Utility Department. [Commission Memo 14-206] E. Resolution No. 2499, amending the Classification and Pay Plan to create a Mechanic III position the Public Works Department/Fleet Maintenance Division. [Commission Memo 14-207] F. Resolution No. 2500, amending the budget and approve procurement of services from Littlejohn Engineering in an amount not to exceed $98,070 for the Waterfront Redevelopment Implementation Process. [Commission Memo 14-208] (WS-2) 9) CITY ATTORNEYS 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 CITY COMMISSION MINUTES :11C*111 DECEMBER 15, 2014 REGULAR MEETING 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 DECEMBE2Q:F#2"1 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, December 15, 2014, at 7 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Jeff Triplett (present at 7:18 PM) Vice Mayor Velma Williams Commissioner Mark McCarty Commissioner Randy Jones Commissioner Patty Mahany City Manager Norton N. Bonaparte, Jr. City Attorney William L. Colbert City Clerk Cynthia Porter CALL TO ORDER: 1) Meeting was called to order by Vice Mayor Williams at 7:08 PM. CEREMONIAL MATTERS: 2) Legislative Prayer by Evangelist Diane Courtney, First Shiloh Missionary Baptist Church. 3) Pledge of Allegiance. 4) Presentations, Proclamations and Awards: On behalf of the Sanford Historic Trust, Kathy Hull presented each Commissioner a 2015 Sanford Historic Calendar with images of Sanford, a result of a photo competition sponsored by the Trust. BUSINESS OF THE COMMISSION: 5) Minutes: November 17, 2014 Joint Meeting with the Planning & Zoning Commission, November CITY COMMISSION MINUTES 2014 -392 DECEMBER 15, 2014 REGULAR MEETING 17, 2014 Work Session and Regular Meeting, and November 24, 2014 meeting prior to Labor Negotiations Team meeting. Commissioner Mahany moved to approve the Minutes. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Absent Vice Mayor Williams Aye Commissioner M °Carty Aye Commissioner Jones Aye Commissioner Mahany Aye 6) CONSENT AGENDA: [Commission Memo 14 -193] A. Authorize 1% cost of living increase to the City Manager's salary effective October 1, 2014, plus a one -time pay -out equal to 2% of his September 30, 2014 base salary as discussed at the November 17, 2014 Work Session. B. Approve procurement to Caraway Concrete Construction Inc. in an amount not to exceed $30,000 for citywide park projects. C. Approve the First Amendment to the Interlocal Agreement with Seminole County relating to the Seminole County Boater Improvement Program grant for the North Shore Revetment Project. D. Approve the Work Order to Reiss Engineering in the amount of $93,200 to obtain the identified services applicable to Hydraulic Modeling and the Pipe Bursting project. E. Approve the license agreement with Marcus O. Williams for the use of Site 10 for cattle grazing. (WS -4.D) CITY COMMISSION MINUTES 2034-393 DECEMBER 159 2014 REGULAR MEETING F. Approve the health care coverage, budget and monthly employee contributions as outlined in the related agenda memorandum. (WS -4.A) G. Approve the special event permit with street closures, a noise permit and alcohol permit for the monthly `Alive After Five' event on the second Thursday of every month in 2015. (WS -4.E) H. Approve amendment to the Interlocal Agreement with MetroPlan and authorize the Mayor to execute the amended agreement. I. Approve the special event permit, noise permit and street closures for the `Martin Luther King, Jr. Parade & Rally' on Monday, January 19, 2015. J. Approve the two month extension of the `Food Truck Bazaar' special event permit for January 3 and February 7, 2015, utilizing the parking lot at Hood Avenue and Seminole Blvd., with a waiver of the requirement that the applicants be "actively engaged in a licensed business and maintain a physical business location in the City ". (WS -4.F) K. Approve the special event permit and a noise permit with a waiver of Ordinance No. 4131 and Resolution 2190 for `Sanford 2015' to be held at the Historic Sanford Memorial Stadium on January 30 & 31, 2015. (WS -4.G) Commissioner Mahany moved to approve the Consent Agenda. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Absent Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye CITY COMMISSION MINUTES 2014 -394 DECEMBER 159 2014 REGULAR MEETING Commissioner Mahany Aye 7) PUBLIC HEARINGS: A. Administrative Appeal concerning an application for a Preliminary Subdivision Plan modification for Brisson West Subdivision located at 3890 Brisson Avenue; the Planning and Zoning Commission on October 2, 2014 denied the request to reduce the 60 foot wide lot side yard setback to 5 feet; owner, Serengetti Properties, LLC; Notices mailed November 25, 2014; Property posted November 26, 2014; Ad published November 30, 2014. [Commission Memo 14 -196] [Mayor Triplett present at 7:18 PM. Vice Mayor Williams passed him the gavel.] Planning and Development Services Director Russ Gibson said that the applicant requested a continuance of the public hearing to a meeting in January; he recommended January 12. Commissioner Mahany moved to continue the public hearing on this item to January 12, 2015. 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. Second reading of Ordinance No. 4326, granting Florida Public Utilities Company (FPUC) a non - exclusive 30 year franchise agreement. Ad published November 16, 2014. [Commission Memo 14 -197] CITY COMMISSION MINUTES 2014 -395 DECEMBER 15, 2014 REGULAR MEETING Commissioner Mahany moved to adopt Ordinance No. 4326. 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 C. First reading of Ordinance No. 4327, vacating an existing 15' wide east -west and north -south public utility easement located at 2508 French Avenue; O'Reilly Automotive Stores Inc. owner; Notices mailed November 25, 2014; Ad published November 30, 2014; Property posted December 1, 2014. [Commission Memo 14- 198] Vice Mayor Williams moved to approve the first reading of Ordinance No. 4327. 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 D. First reading of Ordinance No. 4328, annexing 4.99 acres located at 2387 Celery Avenue; Victory Deliverance Center, Inc., owner; Ad published December 14, 2014. [Commission Memo 14 -199] Commissioner McCarty moved to approve the first reading of Ordinance No. 4328. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye CITY COMMISSION MINUTES 2014 -396 DECEMBER 159 2014 REGULAR MEETING Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye E. First reading of Ordinance No. 4329, to rezone 4 acres located at 4400 St. Johns Parkway from AG, Agriculture to PD, Planned Development; Eoghan N. Kelley Family LP, owner; Ad published December 14, 2014. [Commission Memo 14- 200] Commissioner Mahany moved to approve the first reading of Ordinance No. 4329. 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 F. First reading of Ordinance No. 4330, to rezone 4.75 acres at 2306 W. 1st Street from AG, Agriculture to PD, Planned Development; Peggy J. Nestor, Trustee; Ad published December 14, 2014. [Commission Memo 14 -201 ] Vice Mayor Williams moved to approve the first reading of Ordinance No. 4330. 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 G. First reading of Ordinance No. 4331, amending City Code relating to administrative operations of City Boards, Commissions, and Committees; Ad CITY COMMISSION MINUTES 2014 -397 DECEMBER 159 2014 REGULAR MEETING published December 14, 2014. [Commission Memo 14 -202] (WS -4.13) At today's Work Session, City Attorney Colbert suggested that the ordinance be amended to include the requirement for ethics and sunshine law training for all City board, commission and committee members; the Commission agreed. Tonight the Commission also discussed amending the ordinance pertaining to residency requirement. Attorney Colbert said he will review and clarify the language for residency requirement for the Sanford Airport Board, the Community Redevelopment Agency, and the Sanford Museum Board. Commissioner Mahany moved to approve the first reading of Ordinance No. 4331, with amendments. 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 8) OTHER ITEMS. A. Rank Firms and authorize City Manager to negotiate an award of contract relative to Riverwalk Project Phase III. [Commission Memo 14 -203] (WS -4.C) Vice Mayor Williams moved to waive presentations, to approve the ranking of firms designating the firm of CPH number 1 and the firm of GAI number 2 and to authorize the City Manager to negotiate a contract with the firm(s) in the order of ranking in compliance with the CCNA, and to effect the award by the execution of all documents as required to complete the selection process. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: CITY COMMISSION MINUTES Mayor Triplett Aye Vice Mayor Williams Aye Commissioner McCarty Aye Commissioner Jones Aye Commissioner Mahany Aye 2014 -398 DECEMBER 159 2014 REGULAR MEETING B. Resolution No. 2496, to certify election results of the November 4, 2014 Regular City Election and the December 4, 2014 Run -off City Election. [Commission Memo 14 -204] Commissioner McCarty moved to approve Resolution No. 2496. 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 C. Resolution No. 2497, approving a budget amendment in the capital project budget and approve the purchase of a 2015 Ford F -150 for an amount not to exceed $31,978. [Commission Memo 14 -205] Commissioner Mahany moved to approve Resolution No. 2497. 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 CITY COMMISSION MINUTES DECEMBER 159 2014 REGULAR MEETING D. Resolution No. 2498, amending the Classification and Pay Plan to reclassify one regular full -time Administrative Specialist II position into two regular part-time Administrative Specialist II positions in the Utility Department. [Commission Memo 14 -206] Commissioner Mahany moved to approve Resolution No. 2498. 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. Resolution No. 2499, amending the Classification and Pay Plan to create a Mechanic III position the Public Works Department/Fleet Maintenance Division. [Commission Memo 14 -207] Commissioner Mahany moved to approve Resolution No. 2499. 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 F. Resolution No. 2500, amending the budget and approve procurement of services from Littlejohn Engineering in an amount not to exceed $98,070 for the Waterfront Redevelopment Implementation Process. [Commission Memo 14 -208] (WS -2) CITY COMMISSION MINUTES 2014 -400 DECEMBER 159 2014 REGULAR MEETING Vice Mayor Williams moved to approve Resolution No. 2500. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner M'Carty Aye Commissioner Jones Aye Commissioner Mahany Aye 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. Cheryl Deming expressed concern about a man sleeping on a downtown sidewalk and about people knocking on doors in the historic district asking for money. She asked that a Police Officer be assigned to patrol First Street. 13) CITY COMMISSIONER'S REPORTS. All of the Commissioners commented about the Christmas Parade; how it was perfectly organized and incredibly run; and thanked Staff for its success. There being no further business, the meeting was Mayor Jeff Attest: City Cferk cp at 8:20 PM: