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05-08-17 RM Agenda & MinutesCITY COMMISSION MINUTES MAY 89 2017 REGULAR MEETING City Commission Chambers 1st Floor Sanford City Hall MONDAY, May 8, 2017 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. 2) Legislative Prayer. 3) Pledge of Allegiance. CITY COMMISSION MINUTES 4) Presentations: MAY 89 2017 REGULAR MEETING • Presentation by Britt Henderson — My Brother's Keeper — Young Men of Excellence (Cape Canaveral) • Proclamation — May 8 — 13, 2017 as International Economic Development Week • Proclamation — May 14 - 20, 2017 as Police Week • Proclamation — May 20 - 26, 2017 as National Safe Boating Week 5) Minutes: April 24, 2017 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 17-076] A. Approve the 2017 State of Florida Low income Home Energy Assistance Program Grant Agreement. B. Approve procurement of a 2017 Caterpillar 308 E2 Mini Excavator in an amount not to exceed $90,280, from Ring Power Corporation. C. Approve procurement to CPH in the amount of $121,000, for professional services associated with cleanup of the St. Johns River in the area located between 1-4 bridge and the Port of Sanford Marina. D. Approve the award for design services of utility relocates associated with the Catalyst Site to CPH in the amount of $176,200. E. Approve agreements with Seminole State College (SSC) for the Fire Department's use of SSC's fire training tower and grounds. CITY COMMISSION MINUTES MAY 87 2017 REGULAR MEETING F. Approve the special event permit, noise permit and rolling street closures for the 'St. Johns Day Celebration 2017' to be held on Sunday, June 25, 2017. G. Approve the special event permit, alcohol permit and noise permit for `Food Truck Wars' to be held Saturday, May 20, 2017. H. Approve the special event permit, alcohol permit, noise permit and street closures for the 'Sanford Avenue Block Party' event series every 4th Saturday of the month beginning on Saturday, May 27, 2017 and ending Saturday, December 23, 2017. I. Approve the special event permit, alcohol permit, noise permit and street closures for the '11th Annual Hurricane Party' to be held on Saturday, June 3, 2017. 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; 31d - public; final - City Commission motion, discussion and action.) A. RE: Catalyst Site: 1 Approve Intergovernmental/interagency Agreement between the City and the Sanford CRA. [Commission Memo 17-083] 2. Continuation of second reading of Ordinance No. 4403, relating to enacting a statutory development agreement relating to the property owned by the City (generally known as the Downtown/Waterfront Catalyst Site) and involving Sanford Waterfront Partners, LLC, in accordance with the provisions of the "Florida Local Government Development Agreement Act" as set forth at Sections 163.3220 - 163.3243, Florida Statutes; amending Part III of the Code of Ordinances of the City of Sanford(Land Development Regulations), Article IX, Section 9.6; Ad published April 2 CITY COMMISSION MINUTES MAY 89 2017 REGULAR MEETING &16, 2017. [Commission Memo 17 -077] 3. Approve Resolution No. 2669, amending the budget to recognize anticipated expenditures related to the Catalyst Site. [Commission Memo 17 -084] 4. Approve procurement of services from PPM Consultants in the amount of $115,000, for removal of unsuitable soils on the Catalyst Site. [Commission Memo 17 -085] B. Second reading of Ordinance No. 4404, to annex 0.90 acre located at 800 Upsala Road; Kirk Leiffer Trustee, owner; Ad published April 23 & 30, 2017. [Commission Memo 17 -078] C. Second reading of Ordinance No. 4405, to annex 0.44 acre located at 500 High Way; Audrey Frost, owner; Ad published April 23 & 30, 2017.[Commission Memo 17 -079] D. Demolition of structure located at 817 Pecan Avenue: owners: Leverage real Estate, LLC; Notice of public hearing sent to owners on February 6, 2017; Property posted February 7, 2017; Ad published in the Sanford Herald on February 15 and 19, 2017; Notice of public hearing sent certified to mortgage holder and owner on February 16, 2017. [Commission Memo 17 -085] 8) OTHER ITEMS. A. Approve Resolution No. 2666, amending the budget in the amount of $93,105, to address compression pay adjustments for eight (8) Fire and five (5) Police non -union employees. [Commission Memo 17 -080] (WS -4.A) B. Approve a Public Parking Lease Agreement with John Giuliani and Partners and approve Resolution No. 2667, amending the budget in the amount of $46,000 (General Fund Reserves) for funding site improvements associated with the Public Parking Lease Agreement. [Commission Memo 17 -081] (WS -4.13) C. Approve Resolution No. 2668, providing for adoption of the 401(a) CITY COMMISSION MINUTES MAY 89 2017 REGULAR MEETING Deferred Compensation Money Purchase Plan with VALIC. [Commission Memo 17-082] 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 MAY 89 2017 REGULAR MEETING The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, May 8, 2017, at 7:00 PM, in the City Commission Chambers, City Hall, 300 North Park Avenue, Sanford, Florida. Present: Mayor Jeff Triplett Vice Mayor Patty Mahany (present at 7:06 PM) Commissioner Art Woodruff Commissioner Velma Williams Commissioner Patrick Austin City Manager Norton N. Bonaparte, Jr. City Attorney William L. Colbert City Clerk Cynthia Porter Deputy City Clerk Traci Houchin 1) Meeting was called to order by Mayor Triplett at 7:04 PM. CEREMONIAL MATTERS: 2) Legislative prayer by Reverend Elias Coffey, Providence Missionary Baptist Church. 3) Pledge of Allegiance. 4) Presentations, Proclamations and Awards: • Presentation by Britt Henderson — My Brother's Keeper — Young Men of Excellence trip to Cape Canaveral • Proclamation — May 8 — 13, 2017 as International Economic Development Week • Proclamation — May 14 — 20, 2017 as Police Week • Proclamation — May 20 — 26, 2017 as National Safe Boating Week CITY COMMISSION MINUTES MAY 89 2017 REGULAR MEETING 5) Minutes: April 24, 2017 Work Session and Regular Meeting. Vice Mayor Mahany moved to approve the Minutes. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye 6) CONSENT AGENDA [Commission Memo 17 -076] A. Approve the 2017 State of Florida Low Income Home Energy Assistance Program Grant Agreement. B. Approve procurement of a 2017 Caterpillar 308 E2 Mini Excavator in an amount not to exceed $90,280, from Ring Power Corporation. C. Approve procurement to CPH in the amount of $121,000, for professional services associated with cleanup of the St. Johns River in the area located between the I -4 bridge and the Port of Sanford Marina. D. Approve the award for design services of utility relocates associated with the Catalyst Site to CPH in the amount of $176,200. E. Approve agreements with Seminole State College (SSC) for the Fire Department's use of SSC's fire training tower and grounds. CITY COMMISSION MINUTES MAY 8, 2017 REGULAR MEETING F. Approve the special event permit, noise permit and rolling street closures for the `St. Johns Day Celebration 2017' to be held on Sunday, June 25, 2017. G. Approve the special event permit, alcohol permit and noise permit for `Food Truck Wars' to be held on Saturday, May 20, 2017. H. Approve the special event permit, alcohol permit, noise permit and street closures for the `Sanford Avenue Block Party' event series every 4`h Saturday of the month beginning on Saturday, May 27, 2017 and ending Saturday, December 23, 2017. I. Approve the special event permit, alcohol permit, noise permit and street closures for the `11'h Annual Hurricane Party' to beheld on Saturday, June 3, 2017. City Manager Bonaparte said that there is no change to the language in the agenda memo; however, the request is to allow music at the event to be played until 1:00 AM, instead of midnight as stated in Ordinance No. 08 -4131. Commissioner Austin moved to approve the Consent Agenda. Seconded by Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye 7) PUBLIC HEARINGS: A. RE: Catalyst Site 1. Approve Intergovernmental /Interagency Agreement between the City of CITY COMMISSION MINUTES MAY 89 2017 REGULAR MEETING Sanford and the CRA. [Commission Memo 17 -083] Commissioner Austin moved to approve this item. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye 2. Continuation of second reading of Ordinance No. 4403, relating to enacting a statutory development agreement relating to the property owned by the City (generally known as the Downtown/Waterfront Catalyst Site) and involving Sanford Waterfront Partners, LLC, in accordance with the provisions of the "Florida Local Government Development Agreement Act" as set forth at Sections 163.3220 — 163.3243, Florida Statutes; amending Part III of the Code of Ordinances of the City of Sanford (Land Development Regulations), Article IX, Section 9.6; Ad published April 2 and 16, 2017. [Commission Memo 17 -077] Several members of the public spoke for and against the project. Commissioner Williams moved to adopt Ordinance No. 4403. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye CITY COMMISSION MINUTES MAY 8, 2017 REGULAR MEETING Commissioner Austin Aye 3. Approve Resolution No. 2669, amending the budget to recognize anticipated expenditures related to the Catalyst Site. [Commission Memo 17 -084] Commissioner Woodruff moved to approve Resolution No. 2669. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye 4. Approve procurement of services from PPM Consultants in the amount of $115,000, for removal of unsuitable soils on the Catalyst Site. [Commission Memo 17 -085] Commissioner Austin moved to approve this item. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye B. Second Reading of Ordinance No. 4404, to annex .90 acre located at 800 Upsala Road; Kirk Leiffer Trustee, owner; Ad published April 23 & 30, 2017. [Commission Memo 17 -078] CITY COMMISSION MINUTES MAY 892017 REGULAR MEETING Vice Mayor Mahany moved to adopt Ordinance No. 4404. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye C. Second reading of Ordinance No. 4405, to annex .44 acre located at 500 High Way; Audrey Frost, owner; Ad published April 23 & 30, 2017. [Commission Memo 17- 079] Commissioner Austin moved to adopt Ordinance No. 4405. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye D. Demolition of structure located at 817 Pecan Avenue: owners Leverage Real Estate, LLC; Notice of public hearing sent to owners on February 6, 2017; Property posted February 7, 2017; Ad published in the Sanford Herald on February 15 and 19, 2017; Notice of public hearing sent certified to mortgage holder and owner on February 16, 2017. [Commission Memo 17 -085] Community Improvement Director Darrel Presley said that the Commission approved an Order of Condemnation last month. Since that time, the owner has complied with the CITY COMMISSION MINUTES MAY 8, 2017 REGULAR MEETING order and Mr. Presley asked that the Commission authorize the release of condemnation. The demolition order is not needed. Commissioner Woodruff moved to authorize the release of condemnation. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye 8) OTHER ITEMS A. Approve Resolution No. 2666, amending the budget in the amount of $93,105, to address compression pay adjustments for eight (8) Fire and five (5) Police non- union employees. [Commission Memo 17 -080] (WS 4.A) Commissioner Austin moved to approve Resolution No. 2666. Seconded by Commissioner Williams and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye B. Approve a Public Parking Lease Agreement with John Giuliani and Partners and approve Resolution No. 2667, amending the budget in the amount of $46,000 (General Fund Reserves) for funding site improvements associated with the Public Parking Lease Agreement. [Commission Memo 17 -081] (WS 4.13) CITY COMMISSION MINUTES MAY 8, 2017 REGULAR MEETING Commissioner Woodruff moved to approve Resolution No. 2667, and the Public Parking Lease Agreement. Seconded by Vice Mayor Mahany and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye C. Approve Resolution No. 2668, providing for adoption of the 401 (a) Deferred Compensation Money Purchase Plan with Valic. [Commission Memo 17 -082] Vice Mayor Mahany moved to approve this item. Seconded by Commissioner Woodruff and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye 9) CITY ATTORNEY'S REPORT. City Attorney Colbert said that in this afternoon's Work Session, a discussion was held regarding the property at S. 305 Park Avenue which has been in non - compliance and fines continue to be assessed, as there has been no effort made to bring it into compliance. There was a consensus among the Commission that the property is a candidate for foreclosure. The City Attorney's office will complete a title search and commence foreclosure of the liens against the property, and work with City Staff in order to pursue the right of entry. CITY COMMISSION MINUTES MAY 8, 2017 REGULAR MEETING Commissioner Woodruff moved to authorize the City Attorney to do a title search and commence foreclosure on the property. Seconded by Commissioner Austin and carried by vote of the Commission as follows: Mayor Triplett Aye Vice Mayor Mahany Aye Commissioner Woodruff Aye Commissioner Williams Aye Commissioner Austin Aye 10) CITY CLERK'S REPORT. 11) CITY MANAGER'S REPORT City Manager Bonaparte presented two of six City videos that are now on the City's website. He said that the others will be shown at future meetings. 12) CITIZEN PARTICIPATION Chris Esser, Sanford resident and business owner (Sanford Brewing Co.), asked the Commission to consider amending the current noise ordinance. He said that it is hurting business along Sanford Avenue because the way it is written prevents the doors from being open which is a deterrent; businesses are seeing a reduction in foot traffic. He has spoken to other area businesses which are also seeing a decline in revenue. Deputy Chief Raimondo said that this is a collaborative effort between the Sanford Police Department, City Manager, and Community Improvement. He said that they are trying to resolve the issue. They are in the process of collecting data to help determine the industry standard and once this is complete, Staff will make recommendations to the Commission. CITY COMMISSION MINUTES MAY 89 2017 REGULAR MEETING Andre Klass, Sanford resident, said that he is currently working on a business plan and considering opening a business in Sanford. Jim Hawver, Sanford resident, said that he was downtown on Saturday afternoon and noticed that the parking lot for the Civic Center was closed off to the general public. Vice Mayor Mahany explained to him that an event was being held at the Civic Center. 13) CITY COMMISSIONER'S REPORTS Vice Mayor Mahany gave kudos to the St. Johns River of the Arts Festival organization for the nicest event; she received many compliments on the City of Sanford. Commissioner Woodruff said that he appreciated City staff working so hard to allow two events to be held over the weekend in downtown: St. Johns River of the Arts Festival and Free Comic Book Day. Mayor Triplett announced that the Fireball Run videos can now be seen on Amazon and the City received two Great American City Posters. There being no further business, the meeting was adjourned at 8:15 PM. Mayor Jeff Tri Attest City C erk (TH)