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02-23-15 RM Agenda & Minutes2015-062 CITY COMMISSION MINUTES FEBRUARY 23, 2015 REGULAR MEETING City Commission Chambers 1St Floor Sanford City Hall MONDAY, February 23, 2015 300 North Park 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. L01:4 :44 It Lei ► I F-11 0 IT, F-IT4 a I 91�3 2) Legislative Prayer by Ed Manning, Sanford Police Department Chaplain. 2015-063 CITY COMMISSION MINUTES FEBRUARY 23, 2015 REGULAR MEETING 3) Pledge of Allegiance. 4) Presentations, Proclamations and Awards. • Presentation to the Commission by Seminole State College President Dr. E. Ann McGee recognizing Seminole State College's 50th anniversary. BUSINESS OF THE COMMISSION: 5) Minutes: February 9, 2015 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 15-024] A. Approve submittal of the FEMA Fire Prevention & Safety Grant application in the amount of $7,500 with required match funding of 20% (up to $1,500). B. Approve proposal from Evoqua Water Technologies to repair traveling bridge filter at the North Water Reclamation Facility at a cost of $63,741. C. Approve revised aquifer storage and recovery system (ASR) Cost Share Agreement No. 28079 with the SJRWMD which changes the expiration date to September 30, 2016 and the construction start date to August 24, 2015; there is no financial change to the original agreement. D. Award bid number IFB 14/15-03 to Vogel Brothers Building Company in the amount of $12,117,000 for Sanford North Water Reuse Facility Biological Nutrient Removal Improvements. 2015-064 CITY COMMISSION MINUTES FEBRUARY 23, 2015 REGULAR MEETING E. Approve procurement to The Middlesex Corporation in an amount not to exceed $100,000 for city wide road rehabilitation projects. F. Approve the extension of the 'Food Truck Bazaar' special event permit for March 7 and April 4, 2015, utilizing the parking lot at Hood Avenue and Seminole Boulevard, with a waiver of the requirement that the applicant be "actively engaged in a licensed business and maintaining a physical business location within the City"; or until the final candidate from the RFP for food truck managers is selected. (WS-5.A) 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. Second reading of Ordinance No. 4334 to annex 6.22 acres located at 3250, 3274, and 3280 East Lake Mary Blvd.; Seminole County Board of County Commissioners, owner; Ad published February 8 & 15, 2015. [Commission Memo 15-026] B. First reading of Ordinance No. 4335, vacating and abandoning a portion of an east-west utility easement at 1315 W. 1st Street. Discount Auto Parts LLC/Francisco & Gloria Aviles, owners; Ad published February 22, 2015. [Commission Memo 15-027] C. First reading of Ordinance No. 4336, the first Comprehensive Plan for 2015, which provides for amendment of the Future Land Use Element and the Conservation Element of the City of Sanford Comprehensive Plan; Ad published February 22, 2015. [Commission Memo 15-028] (WS-5.B) D. First reading of Ordinance No. 4337, revising and amending the provisions of Amendments to Article 11 along with Schedules "B", "C", "J", "N") "S", and "U" of the City of Sanford Code/Land Development Regulations; Ad published February 22, 2015. [Commission Memo 15-029] (WS-5.C) 2015 -065 CITY COMMISSION MINUTES FEBRUARY 23, 2015 REGULAR MEETING 8) OTHER ITEMS. A. Approve Resolution No. 2508, amending the City's annual operating budget for fiscal year 2014/2015, and authorize procurement of services to Lewis Tree Service for tree mitigation. [Commission Memo 15 -030] B. Approve or deny the request by Ivy Patrick Ice Cream to operate as a mobile food vendor to operate an ice cream food cart located on the south side of Seminole Boulevard, with conditions as recommended by Staff. [Commission Memo 15 -031] (WS -5.D) 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 FEBARKI 2015 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, February 23, 2015, 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 Art Woodruff 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 Mayor Triplett at 7:14 PM. CEREMONIAL MATTERS: 2) Legislative Prayer by Ed Manning, Sanford Police Department Chaplain. 3) Pledge of Allegiance. 4) Presentations, Proclamations and Awards: • Presentation to the Commission by Seminole State College President Dr. E. Ann McGee recognizing Seminole State College's 50th anniversary. BUSINESS OF THE COMMISSION: 5) Minutes: February 9, 2015 Work Session and Regular Meeting. Commissioner Jones moved to approve the Minutes. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: CITY COMMISSION MINUTES Mayor Triplett Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Mahany Aye 6) CONSENT AGENDA: [Commission Memo 15 -024] Item F was pulled for separate consideration. Q C. Lill Q Fa I) FEBRUARY 23 2015 REGULAR MEETING Approve submittal of the FEMA Fire Prevention & Safety Grant application in the amount of $7,500 with required match funding of 20% (up to $1,500). Approve proposal from Evoqua Water Technologies to repair traveling bridge filter at the North Water Reclamation Facility at a cost of $63,741. Approve revised aquifer storage and recovery system (ASR) Cost Share Agreement No. 28079 with the SJRWMD which changes the expiration date to September 30, 2016 and the construction start date to August 24, 2015; there is no financial change to the original agreement. Award bid number IFB 14/15 -03 to Vogel Brothers Building Company in the amount of $12,117,000 for Sanford North Water Reuse Facility Biological Nutrient Removal Improvements. Approve procurement to The Middlesex Corporation in an amount not to exceed $100,000 for city wide road rehabilitation projects. Approve the extension of the `Food Truck Bazaar' special event permit for March 7 and April 4, 2015, utilizing the parking lot at Hood Avenue and Seminole Boulevard, with a waiver of the requirement that the applicant be "actively CITY COMMISSION MINUTES 2015 -068 FEBRUARY 23 2015 REGULAR MEETING engaged in a licensed business and maintaining a physical business location within the City "; or until the final candidate from the RFP for food truck managers is selected. (WS -5.A) Commissioner Mahany moved approve the Consent Items A, B, C, D, and E. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Mahany Aye Commissioner Mahany moved approve Consent Item F. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Mahany Aye 7) PUBLIC HEARINGS: A. Second reading of Ordinance No. 4334, to annex 6.22 acres located at 3250, 3274, and 3280 East Lake Mary Blvd.; Seminole County Board of County Commissioners, owner; Ad published February 8 & 15, 2015. [Commission Memo 15 -026] Commissioner Jones moved to adopt Ordinance No. 4334. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: CITY COMMISSION MINUTES 2015 -069 FEBRUARY 23 2015 REGULAR MEETING Mayor Triplett Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Mahany Aye B. First reading of Ordinance No. 4335, vacating and abandoning a portion of an east -west utility easement at 1315 W. 1st Street. Discount Auto Parts LLC /Francisco & Gloria Aviles, owners; Ad published February 22, 2015. [Commission Memo 15 -027] Vice Mayor Williams moved to approve the first reading of Ordinance No. 4335. Seconded by Commissioner Jones and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Mahany Aye C. First reading of Ordinance No. 4336, the first Comprehensive Plan for 2015, which provides for amendment of the Future Land Use Element and the Conservation Element of the City of Sanford Comprehensive Plan; Ad published February 22, 2015. [Commission Memo 15 -028] (WS -5.13) Commissioner Jones moved to approve the first reading of Ordinance No. 4336 for the purpose of transmitting to the Florida Department of Economic Opportunity for compliance review, as amended: Conservation Element — under Policy 5- 1.8.1, second bullet: Reduce densities or intensities of land uses within floodplains except within the downtown and riverfront districts. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: CITY COMMISSION MINUTES 2015 -070 Mayor Triplett Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Mahany Aye FEBRUARY 23 2015 REGULAR MEETING D. First reading of Ordinance No. 4337, revising and amending the provisions of Amendments to Article II along with Schedules "B ", "C ", "J ", "N ", "S ", and "U" of the City of Sanford Code /Land Development Regulations; Ad published February 22, 2015. [Commission Memo 15- 029] (WS -5.C) Commissioner Woodruff moved to approve the first reading of Ordinance No. 4337 to amend the City of Sanford Land Development Regulations as recommended by City Staff and the Planning & Zoning Commission subject to the adoption of the First Comprehensive Plan amendments of 2015; and the change to Schedule B: eliminate community residential homes, nursing homes, and community resource facilities as a permitted use in the SC -3 zoning; and making the change under Policy 5 -1.8.1 apply only to bullet 2. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Triplett Vice Mayor Williams Commissioner Woodruff Commissioner Jones Commissioner Mahany 8) OTHER ITEMS. A. Approve Resolution No. 2508, amendir. Aye Aye Aye Aye Aye g the City's annual operating budget for fiscal year 2014 /2015, and authorize procurement of services to Lewis Tree CITY COMMISSION MINUTES 2015 -071 FEBRUARY 23 2015 REGULAR MEETING 4 Service for tree mitigation. [Commission Memo 15 -030] Commissioner Woodruff moved to approve Resolution No. 2508. Seconded by Vice Mayor Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Williams Aye Commissioner Woodruff Aye Commissioner Jones Aye Commissioner Mahany Aye B. Approve or deny the request by Ivy Patrick Ice Cream to operate as a mobile food vendor to operate an ice cream food cart located on the south side of Seminole Boulevard, with conditions as recommended by Staff. [Commission Memo 15- 031] (WS -5.D) Vice Mayor Williams moved to approve this item. Seconded by Commissioner Mahany and carried by vote of the Commission as follows: Mayor Triplett Vice Mayor Williams Commissioner Woodruff Commissioner Jones Commissioner Mahany 9) CITY ATTORNEY'S REPORT. 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT. 12) CITIZEN PARTICIPATION. Aye Aye Aye Aye Aye Toby Wells expressed concern about Hopper, wants to know what the Commission plans to do, and said that he would contact each Commissioner to discuss his concerns. CITY COMMISSION MINUTES 2015 -072 FEBRUARY 23 2015 REGULAR MEETING Erik Freddie said that Sanford is like Mayberry RFD and asked what the City is going to do to upgrade. He has traveled all over the world in the military and is tired of hearing bad things about his home town. He asked what the City's public relations person is going to do to get Sanford out of the world news in a bad way. Frank Hale, Executive Director, Sanford Chamber of Commerce, said that the Chambers' Bikefest event is scheduled to take place on October 9 -12, 2015, which is the same weekend as the Celebrate Sanford event. He asked the Commission to make a decision on which event should take place that weekend. The Commission said that there is a Special Events Review Committee which reviews and makes recommendations to the Commission. Both of the applications will be submitted to the Commission independently when final information is received for each event. 13) CITY COMMISSIONER'S REPORTS. Mayor Triplett said that the Hopper Academy building was discussed at today's Work Session. There are $325,000 in State grants that have been identified for funding Hopper Academy which needs a 50% match from the City in order to get all of the funds. Because the grant is due Friday for whether the City is going to support the grant efforts, he said that he would make a motion for $43,211 in cash match from the City with the insurance proceeds from the Little Red School House to put in a side fund to get $86,422 from the State. The question is if that money is ever going to be spent there are two things that have to come to fruition: there needs to be a final identification of how much the dollar level is for the property to be brought up CITY COMMISSION MINUTES 2015 -073 FEBRUARY 23 2015 REGULAR MEETING to code and sustainable; if it is not sustainable via the State grant, what is the final number to make the building operational. Before any money is expended with that final number he will sit down with Commissioner Woodruff, developers, community activists, and anybody who is interested in saving the historic building and the history associated with Hopper Academy; and that he would help raise the additional funds to see if we can get to the point that the building can again be operational. There will not be any more than $43,211 from the City of Sanford put into the building. The conversation that the Commission will need to have on the back end is the stop gaps, going to the next level of who owns the building, who is going to run the building, if the property gets sold the money comes back to the City, State, Historic Society, and to the grants; and where that money goes and how it flows to make sure that if we do move to the level to make that building sustainable in a partnership between the community, the City, and the State and that it remains viable and does not fall back into the disrepair that we have today and for the last thirty years. Mayor Triplett passed the gavel to Vice Mayor Williams and moved to set aside $43,211 so that the Community Improvement Association, working with Art Woodruff, has the ability to get the $86,422 in additional funds; but not a dollar of that is to be spent so that the additional funds can be raised; if the additional funds are not raised for the amount to make the building sustainable and sufficient, then no money will be spent and the money will be sent back to the State and the City of Sanford gets its money back. A legal agreement between the City and the Community Improvement Association will be executed prior to any money being provided to that Association. Seconded by Commissioner Mahany and carried by vote of the 2015 -074 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Woodruff, Arthur D Sanford City Commission MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON 3545 S Mellonville Av WHICH I SERVE ISAUNIT OF: 9 CITY 0 COUNTY 0 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Sanford Seminole Sanford, Florida DATE ON WHICH VOTE OCCURRED MY POSITION IS: 2 -23 -2015 d ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34- 7.010(1)(0, F.A.C. ;u T'A 111RA 2015 -075 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Arthur Woodruff , hereby disclose that on February 23 20 15 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, inured to the special gain or loss of Community Improvement Association of Seminole County by whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Authorizing $43,211 as match for state grant that I prepared and for which I am the contract manager. There is no personal financial compensation provided through this activity. , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed 0 A Signaturcy NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34- 7.010(1)(f), F.A.C. CITY COMMISSION MINUTES 2015 -076 Commission as follows: FEBRUARY 23 2015 REGULAR MEETING Mayor Triplett Aye Vice Mayor Williams Aye Commissioner Woodruff Abstained Commissioner Jones Nay Commissioner Mahany Aye Commissioner Woodruff expressed his appreciation for the work put into Hopper. Vice Mayor Williams returned the gavel to the Mayor. There being no further business, the meeting was adjqurr pd at 11:08 PM. Mayor Jeff, Attest: uv-�� V `W City C erk cp