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090286-Regular Session MINUTES City Commission, Sanford, Florida September 2, 001 19 86 The City Commission of the City of Sanford, Florida, met in Adjourned Regular Session in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on September 2, 1986. Present: Mayor-Commissioner Bettye D. Smith Commissioner John Y. Mercer Commissioner Milton E. Smith Commissioner David T. Fart Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank A. Faison City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. The first item of business was the continuation of a Public Hearing from the meeting of August 25, 1986, to consider rezoning a portion of that certain property lying between McCracken Road and Tuskegee Street extended Easterly and between Seaboard Coastline Railroad Right-of-Way and Jerry Avenue from MR-1 (Multiple-Family Residential Dwelling) District and SR-1 (Single-Family Residential Dwelling) District to RI-1 (Restricted Industrial) District. Benny Arnold, representing the School Board of Seminole County, appeared to report the School Board had declared this property as surplus property and wished to rezone said property for purposes of selling. Commissioner Thomas reported that he is an employee of said Board and he would be filing a conflict of interest, however, the proposed rezoning would distort the neighborhood of Academey Manor with additional RI-1 zoning on the North side of the property. Mr. Arnold stated the School Board would put a reverter in the deed for the abutting 160 feet of Lot 89, Smith Subdivision, which would limit the use of the property to parking, water retention, or recretion with no building. Commissioner Mercer moved to authorize the City Attorney to prepare the proper ordinance to rezone the entire property to RI-1 (Restricted Industrial) District and accept the School Board's offer of limiting the 160' buffer on Lot 89 to parking, water retention, Seconded by Commissioner Fart and carried by the vote of the Commission as and recreation. follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Abstained Yea The next item of business was the continuation of a Public Hearing from meeting of August 25, 1986, to consider the adoption of Ordinance No. 1826, to rezone a portion of that certain property lying between Airport Boulevard and Interstate I-4 and between State Road 46 and Seaboard Coastline Railroad Right-of-Way from AD (Agricultural) District to RI-1 (Restricted Industrial) District. Ordinance No. 1826, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD AND INTERSTATE I-4 AND BETWEEN STATE ROAD 46 AND SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY FROM AD (AGRICULTURAL) DISTRICT TO RI-1 (RESTRICTED INDUSTRIAL) DISTRICT; 002' MINUTES City Commission, Sanford, Florida September 2, 19 86 PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first readinG at meeting of AuGust 11, 1986 was next placed on final 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 proposed adoption of Ordinance No. 1826. No one appeared. Commissioner Mercer moved on the passage and adoption of Ordinance No. 1826. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Fart Commissioner Thomas Mayor Smith Yea Yea Abstained Yea Yea Commissioner Fart reported a conflict of interest because two of the owners were clients. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1826, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD AND INTERSTATE I-4 AND BETWEEN STATE ROAD 46 AND SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY FROM AD (AGRICULTURAL) DISTRICT TO RI-1 (RESTRICTED INDUSTRIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The Commission next considered the continuation of a conditional use from the meeting of AuGust 25, 1986 for the sale of alcoholic beverages for consumption on the premises for a SRX license at 3639-3641 Orlando Drive (Cap'n Nemos) in a GC-2 Zone. Michael HerrinG, attorney, representinG the owners, appeared to report the City ordinance was not in line with the Florida Statutes. The City Attorney reported the current statutes of ordinances passed in 1982 was at that time in accord with the Florida Statutes for a Class 3 Special license seating 200 and requirinG 60% of revenues from non-alcoholic sales, in 1985 the State lowered the requirement to 50% of revenues from food and 150 capacity, therefore, the Cap'n Nemos qualifies for a State License, and recommended the Commission comply with Florida Statutes. Commissioner Farr moved to approve same. carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Seconded by Commissioner Thomas and Yea Yea Yea Yea Yea Commissioner Mercer reported the Code Enforcement Board had canceled another meetinG this date for lack of a quorum, stating this was the second time in two months, and that the City looses creditability to enforce laws. The Commission directed Staff to inform the Code Enforcement Board if the members cannot serve or cannot attend the meetings, ask them to 'resiGn or they will be replaced. Commissioner Farr reported the Rescue Mission on 13th Street has not been able to start their buildinG because of the $15,000 needed for impact fees and requested the Commission allow the Mission to work out a payment plan for same. L FORM 4 MEMORANDUM OF VOTING CONFLICT LAST'NAME--FIRST NAME--MIDDLE NAME Farr, David T. MAlUNO ADDRE.~S 106 Larkwood Drive San ford Seminole DATE ON WHICH VOTE OCCURRED September 2, 1986 NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE City, Commission THE BOARD. COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH i SERVE I$ A UNiT OF: :~ CITY I~ COUNTY I~ OTHER LOCAL AGENCY D STATE NAME OF POLITICAL $UBDIVISIO~ OR ~TATE AGENCY City Commission. City of Sanford, Florida WHO MUST FILE FORM 4 This form. is for use by any person 'serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisorY ~nnd non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from thc requirements for state officers, this form is divided into two parts: PART A is for usc by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be fried. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section ! 12,3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other localpublic officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section ! 12.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (bi WITHIN ! 5 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created Or designated pursuant to Section 163.356 or Section ! 63.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis arc not prohibited from vOting. In such cases, however, the oral and written disclosure of thi~ part must be made. I, thc undersigned local public officer, hereby disclose that on Se~)tember 2, ,19 86 (a) I abstained from voting on a matter which (check one): inured to my special private gain; or x inured to the special gain of . Benny and Louise Austin , by whom i am retained. (b) Thc measure on which I abstained and the nature of my interest in the measure is as follows: Rezoning of property in the City of Sanford, Florida Date F'ded Signature - I - Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICER8 [Required by Section i 12.3143(2), Florida Statutes'(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on ,19 __. (a) I voted on a matter which (check one): inured to my special private gain; or ~ inured to the special gain of · by whom I am retained. (b) The measure on which ! voted 'and the aature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to ftie this form. PART C FILING INSTRUCTIONS This memorandum must be filed within ftfteen (15) days following the meeting during which the voting conflict o~curred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be f'tled merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (19~3). 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 $5,000. MINUTES City Commission, Sanford, Florida Septembe~r 2: 19 86_ After further discussion, Commission Fart moved to pay said fees from the General Fund and grant the Rescue Mission two years to repay impact fees after initial $3,000 down and upon filing a first lien on property. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Naye Yea Yea Yea Naye Commissioner Farr reported an increase in crime in person and property directly related to crack coccaine. The importation of this drugs into the City of Sanford indicates the need for more manpower and reported the need for two extra men, as per information from Chief Harriett and Captain Faggan, estimated cost of $54,000 for salaries, equipment and benefits. The Mayor encouraged education of drug awareness. Commissioner Farr moved to direct the City Manager to research the 1986/87 Budget for available funds without a tax increase. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Ye~ Yea Yea Yea Yea David Redwine, Sanford Auto Salvage, appeared to explain violation notices received from the Code Enforcement Board regarding crushed junk cars at his business. There being no further business, the meeting was adjourned. ATTEST: