HomeMy WebLinkAbout011094-Regular Meeting MINUTES
City Commission, Sanford, Florida Regular Meeting
095
Oanuary 10
19 9/4
The City Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, January 10, 1994, at 7:00 o'clock P.M. in the City Commission Room, City Hall,
Sanford, Florida.
Present:
Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas, Jr.
Commissioner A. A. McClanahan
Commissioner Lon K. Howell
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
.City of Sanford 1993 Employee of the Year. Mayor Smith announced that Paul Bibby has been
selected as Employee of the Year, and presented Mr. Bibby with a $100.00 savings bond, a
plaque, and certificate regarding same. Also, Mr. Bibby will receive a day off from work
with pay, and be provided his own parking space for one year.
Recognition of Sweet Harmony #388 Order of the Eastern Star. Mayor Smith presented Eartha
Melton and four other officers of Sweet Harmony #388 with a letter of commendation
recognizing the many contributions of this organization.
Public Hearing to consider adoption of Ordinance No. 3185; tabled from December 27, 1993
Meeting.
Ordinance No. 31'85, entitled:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
SANFORD, FLORIDA, DELETING SECTION 3-24, LEWD,
LASCIVIOUS BEHAVIOR IN ESTABLISHMENTS SERVING
ALCOHOLIC BEVERAGES; PENALTY, OF' CHAPTER 3,
ALCOHOLIC BEVERAGES; CREATING NEW CHAPTER 2 1/2
(PREVIOUSLY RESERVED) TITLED: ADULT ENTERTAINMENT
ESTABLISHMENTS; TO PROVIDE AN ADULT ENTERTAINMENT
CODE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
ENFORCEMENT RESPONSIBILITY; PROVIDING STANDARDS AND
PROCEDURES FOR CITY LICENSING OF ADULT
ENTERTAINMENT ESTABLISHMENTS; PROVIDING DISTANCE
AND LOCATIONAL RESTRICTIONS FOR ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING GENERAL OPERATIONAL RULES
FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING
FOR PROHIBITED ACTS CONCERNING THE OPERATION OF
ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR
PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERANCE;
PROVIDING FOR CONFLICT; PROVIDING FOR INCLUSION
INTO THE CODE OF ORDINANCES; PROVIDING ANEFFECTIVE
DATE.
introduced and placed on first reading at meeting of December 13, 1993, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3185.
William Reischmann, Assistant City Attorney, appeared and reported that Ordinance
Nos. 3185 and 3195 are consistent with the model code regarding adult entertainment
establishments, which was adopted and tested by the City of Orlando, Orange County, and other
jurisdictions in Central Florida. Further, Ordinance No. 3185 provides a clear definition
of adult entertainment establishments, standards and procedures for licensing, limitations
on the location of said establishments, operational rules, the conduct of employees and
patrons, penalties, and the enforcement for violation of said regulations. Further, the
testimony and documents (Findings of Fact) presented at_tonight's public hearing need to be
made a part of the public record.
Joseph Cocchiarella, Assistant State Attorney from the Ninth Judicial Circuit, with
the Metropolitan Bureau of Investigation, appeared and gave a summary overview of the
proposed legislation, which will protect property values and businesses. Mr. Cocchiarella
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City Commission, Sanford, Florida
Regular Meetinq
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submitted the Findings of Fact to the City Commission; said Findings of Fact were made a part
of the permanent record and attached to Ordinance No. 3185.
On recommendation of the City Manager, Commissioner McClanahan moved on the second
reading and adoption of said Ordinance No. 3185. Seconded by Commissioner Howell and carried
by the vote of the Commission as follOws:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Public Hearing to consider adoption of
Herald on January 5, 1994.
Ordinance No. 3195, entitled:
Ordinance No. 3195,
as advertis_~d in the Sanford
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
REVISING AND AMENDING THE LAND DEVELOPMENT
REGULATIONS OF SAID CITY; AMENDING ARTICLE XI,
SECTION 11.2, DEFINITIONS, LAND USE, IN THE CITY'S
LAND DEVELOPMENT REGULATIONS, ADDING A DEFINITION
FOR ADULT PERFORMANCE ESTABLISHMENTS AND MODIFYING
THE DEFINITION OF COMMERCIAL AMUSEMENTS; AMENDING
SCHEDULE A (LAND USE CLASSIFICATIONS) TO THE CITY
OF SANFORD LAND DEVELOPMENT REGULATIONS, PROVIDING
FOR ADULT PERFORMANCE ESTABLISHMENTS AND AMENDING
THE CLASSIFICATION "COMMERCIAL AMUSEMENTS";
AMENDING SCHEDULE B (PERMITTED USES) TO THE CITY OF
SANFORDLAND DEVELOPMENT REGULATIONS, PROVIDING FOR
ZONING CATEGORIES FOR ADULT PERFORMANCE
ESTABLISHMENTS THEREIN AND APPLICABLE EXCEPTIONS TO
PROHIBITIONS AGAINST ALCOHOL USE; PROVIDING FOR
PENALTIES AND ENFORCEMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS, INCLUSION INTO THE SANFORD
LAND DEVELOPMENT REGULATIONS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of December 27, 1993, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3195.
William Reischmann, Assistant City Attorney,
proposed amendments to the Land Development Regulations
conformity with the new Adult Entertainment Regulations.
appeared and reported that the
("LDR") will bring said LDR into
On recommendation of the City Manager, Commissioner Thomas moved on the second
reading and adoption of said Ordinance No. 3195. Seconded by Commissioner Howell and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3189, as advertised
in the Sanford Herald on December 30, 1993, and January 6, 1994.
Ordinance No. 3189, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO
ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF
SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION
OF THAT CERTAIN PROPERTY LYING BETWEEN PALM WAY AND
SANFORD AVENUE AND BETWEEN HIBISCUS DRIVE AND
POINSETTA DRIVE, IN ACCORDANCE WITH THE VOLUNTARY
ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
introduced and placed on first reading at meeting of December 27, 1993, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
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Ordinance No. 3189. No one appeared-.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3189. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3191,
in th~ Sanford Herald on December 30, 1993, and January 6t. 1994.
Ordinance No. 3191, entitled:
as advertised
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO
ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF
SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION
OF THAT CERTAIN PROPERTY LYING BETWEEN RINEHART
ROAD AND INTERSTATE-4 AND BETWEEN STATE ROAD 46 AND
VACATED SOUTH OREGON AVENUE, IN ACCORDANCE WITH THE
VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044,
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of December 27, 1993, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3191. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3191.
Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3192,
in the Sanford Herald on December 30, 1993.
Ordinance No. 3192, entitled:
as advertised
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID
ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS
CHANGING THE ZONING OF A PORTION OF THAT CERTAIN
PROPERTY LYING BETWEEN UPSALA ROAD AND ELDER ROAD
AND BETWEEN S.R. 46 AND WEST 5TH STREET FROM AG,
AGRICULTURAL TO PD, PLANNED DEVELOPMENT; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of December 27, 1993, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3192. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3192. Seconded by Commissioner McClanahan and carried by the vote of the Commission as
follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Nay
Public Hearing to consider second reading and adoDtion of Ordinance No. 3193, as advertised
in the Sanford Herald on December 30, 1993.
Ordinance No. 3193, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID
~nT~ANC~ BEING A ZONING PLAN; SAID AMENDMENTS
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City Commission, Sanford, Florida
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CHANGING THE ZONING OF A PORTION OF THAT CERTAIN
PROPERTY LYING BETWEEN FRENCH AVENUE AND ELM AVENUE
AND BETWEEN WEST 15TH STREET AND WEST 18TH STREET,
FROM GC-2 GENERAL COMMERCIAL AND SR-1A, SINGLE
FAMILY DWELLING RESIDENTIAL TO PD, PLANNED
DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of December 27, 1993, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3193. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3193. Seconded by Commissioner McClanahan and carried by the vote of the Commission as
follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Nay
Public Hearing to consider second reading and adoption of Ordinance No. 3194, as advertised
in the Sanford Herald on December 30, 1993.
Ordinance No. 3194, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID
ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS
CHANGING THE ZONING OF A PORTION OF THAT CERTAIN
PROPERTY LYING BETWEEN SANFORD AVENUE AND PALMETTO
AVENUE AND BETWEEN EAST 25TH STREET AND EAST 24TH
STREET FROM RC-1, RESTRICTED COMMERCIAL TO GC-2,
GENERAL COMMERCIAL; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of December 27, 1993, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3194. No one appeared.
Commissioner McClanahan moved on the second reading and adoption of Ordinance No.
3194. Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Condemnations.
A. Status Report of all current and pending condemnations.
Be
Requests for Time Extensions.
(1) Report ~92-7, 1411 Bell Avenue, Scott/Vickers, owners.
(2) Report 992-8, 1413 Bell Avenue, Scott/Vickers, owners.
On recommendation of the City Manager, Commissioner Thomas moved as follows:
A)
No action required or taken, B) Authorized 60 day extensions for (!) and (2), above.
Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Lease with Seminole County Mental Health, Inc., for use of Police Benevolent Association
Building, as discussed at tonight's Work Session. On recommendation of the City Manager,
Commissioner Howell moved to authorize the Mayor and the City Clerk to execute said lease,
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with list of improvements as submitted and discussed at tonight's Work Session; subject to
City Attorney review. Seconded by Commissioner McClanahan and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Resolution No. 1679. On recommendation of the City Manager, Commissioner Howell moved to
adopt Resolution No. 1679, and to authorize the Mayor, City Manager and Finance Director to
execute the Fed Wire Transfer Agreement. Said Resolution No. 1670 being entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
AUTHORIZING THE MAYOR OF THE CITY OF SANFORD,
FLORIDA TO EXECUTE A FUNDS TRANSFER AGREEMENT
TOGETHER WITH EXHIBITS "A", "B", AND "C" THERETO;
PROVIDING FOR AN EFFECTIVE DATE.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Request from Conklin, Porter and Holmes for fee increase to Contract for Water Reclamatio-
Facility Expansion and Seasonal Discharge Transmission Facilities. On recommendation of the
City Manager, Commissioner Howell moved to authorize fee increase in amount of $63,015.64,
to Amendment No. 33 to contract dated December 7, 1983, for a new maximum amount Of
$402,991.71. Seconded by Commissioner Thomas and carried by the vote of the Commission as
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
~gcognition of Cal Conklin. The Commission concurred to have Staff prepare a letter to Mr.
Conklin in recognition of his work and the many free services he has provided.
First reading of Ordinance No. 3196.
On motion of Commissioner Thomas, seconded by
Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3196, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO
ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF
SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION
OF THAT CERTAIN PROPERTY LYING BETWEEN PARK AVENUE
AND PALMETTO AND BETWEEN EAST 28TH STREET AND EAST
29TH STREET, IN ACCORDANCE WITH THE VOLUNTARY
ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading.
Board appointment: Waterfront Master Plan Steering Conmmittee. The City Clerk reported that
there is one vacancy on this committee. Commissioner McClanahan moved to table this item.
Seconded by Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner/Eckstein Aye
Commissioner~Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
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City Commission, Sanford, Florida Regular Meeting
January 10 1994
Consent Agenda.
A. Tabulations of Bids.
(1)
Bid ~93/94-15, Land Application of Wastewater Residual Biosolids
(Utility Department). City Manager recommended acceptance of lowest
bid, which met specifications, from. Mid Florida Environmental Services
at unit price of $105.00 per 10~d, conditioned upon satisfactory
submittal of all insurance and bond documentation.
(2)
Bid 993/94-17, Youth Insurance COverage (Recreation and Parks
Department). City Manager recommended rejection of all bids, due to
bids exceeding budget allocation.
(3)
Bid %93/94-18, High Pressure Sewer Cleaning Hose (Utility Department).
City Manager recommended acceptance of second lowest bid, from Sewer
Equipment Company at $2.04 per foot for a total amount of $2,448.00.
B. Approval of Minutes of December 13, 1993, Regular Meeting.
C. Approval of Vouchers for the month of December, 1993.
On motion of Commissioner Howell, seconded by Commissioner McClanahan and carried
by the vote of the Commission as follows:
the Commission:
A.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
(1) Accepted lowest bid, which met specifications, from Mid Florida
Environmental Services at unit price of $105.00 per load, conditioned
upon satisfactory submittal Of all insurance and bond documentation.
(2) Rejected all bids, due to bids exceeding budget allocation.
(3) Accepted second lowest bid, from Sewer Equipment Company at $2.04 per
'foot for a total amount of $2,448.00.
Approved Minutes of December 13, 1993, Regular Meeting.
Approved Vouchers for the month of December, 1993.
regarding invoices paid during the period for Dreviousl¥ approved lump sum
The City Attorney reported that the law firm of Stenstr.om, McIntOsh, Julian, Colbert, Whigham
& Simmons, P.A., also represents Seminole Community College, and this does not create a
conflict of interest in this situation.
Request from Mall Developer to incur costs in advance..of when the Co,~aunit¥ Redevelopment
aa, n~v will contract for construction of Seminole Towne Center Boulevard, as discussed at
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Be
C.
Information
contracts. The Commission acknowledged eleven (11) invoices totalling $61,990.76.
Police/Security Force at Central Florida Regional Airport ("Airport"). Commissioner
McClanahan reported that the Airport police/security are provided through the city, but the
city has no control over said operation even though it has a liability for it, and requested
that Staff look into this situation.
Request from Seminole Community College for conceptual approval of land to meet need for
wetlands mitigation, as.discussed at tonight's Work Session. On recommendation of the City
Manager, Commissioner Howell moved to conceptually approve the provision of thirty-six (36)
acres of lake bottom at Site 10, for a conservation easement, in exchange for Seminole
Community College constructing a potable water line from Lake Mary Boulevard across and
through the Seminole Community College campus to 17-92, and to authorize Staff to prepare an
Interlocal Agreement regarding same for City Commission consideration. Seconded by
Commissioner Thomas and carried by the vote of the Commission as follows:
I [
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3anuary 10
tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to
authorize the City Manager to authorize the contractor to proceed as requested, with the
contractor's reimbursement subject to availability of TIF bond fund proceeds, and no with no
interest or carrying charges called for. Seconded by Commissioner Thomas and carried by the
vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Seminole County Request for Proposal %174, for Affordable Housing, CDBG, SHIP, and HOME
fundsr as discussed at tonight's Work Session. On recommendation of the City Manager,
Commissioner Howell moved to authorize submittal of application/proposal by the City to
Seminole County seeking community development funds in amount of $720,000.00, for housing
renovations and rehabilitation in the City, and to authorize Mayor Smith to execute the
Seconded by Commissioner Thomas and carried by the vote of the Commission as
application.
follows:
Mayor smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Amendment to LIHEAP Contract with the State of Florida.
On recommendation of the City
Manager, Commissioner Thomas moved to authorize Mayor Smith to execute said amendment to the
LIHEAP Contract with the State of Florida, changing the duration of said contract, and moving
funds between different parts of the budget. Seconded by Commissioner Howell and carried by
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Annual Meetings of the City of Sanford Finance Corporation and the Seminole Towne Center
Community Redevelopment Agency. 'The City Clerk confirmed that members of the corporation and
the agency received Agendas for the Annual Meetings on January 24, 1994, at 7:00 o'clock P.M.
or as soon thereafter as possible, in the City Commission Room, City Hall, 300 North Park
Avenue, Sanford, Florida.
There being no further business, the meeting was adjourned.
OR
Attest:
ity Clerk