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120991-Regular MeetingMINUTES City Commission, Sanford, Florida 205 7:00 P. M. December 9 19 91 Monday, December 9, Sanford, Florida. Present: The City Commission of the City of Sanford, Florida met in Regular Meeting on 1991 at 7:00 o'clock P.M. in the City Commission Room, City Hall, Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas Commissioner Lon Howell City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Donahoe Absent: Commissioner A. A. McClanahan The Chairman called the meeting to order. Public Hearing to consider' second reading and adoption of Ordinance No. 3089, as advertised in the Sanford Herald on November 28, 1991. Ordinance No. 3089, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 6, "BUILDINGS", OF THE CODE OF ORDINANCES OF THE CITY OF SANFORD, PROVIDING EXEMPTIONS TO PERMIT REQUIREMENTS FOR CERTAIN TENTS AND CANOPIES; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. introduced and placed on first reading at meeting of November 25, 1991, 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, proposed Ordinance No. 3089. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3089. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Public Hearing to consider second reading and adoption of Ordinance No. 3090, as advertised in the Sanford Herald on November 28, 1991. Ordinance No. 3090, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DESIGNATING A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN PINE AVENUE AND HICKORY AVENUE AND BETWEEN EAST ELEVENTH STREET AND CELERY AVENUE (HOPPER ACADEMY) AS A HISTORIC LANDMARK WITHIN THE CITY OF SANFORD, FLORIDA, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of November 25, 1991, 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, proposed Ordinance No. 3090. interest. No one appeared. Commissioner Howell reproted he would abstain from voting becauseof a conflict of Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3090. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Aye Aye Aye Abstained FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNT , MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLI- NAME NAME OF I~OARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Howell, Lon K. Sanford City Commission M^IuNO .',ODRess 1'109 SO~t~ ?a~k K~en~e CIT~ C'OUN'r~ Sanford Seminole DATEONWHICHVOTE~'~URRED December 9, 1991 'IHE BOARD. COUNCIL, COMMISSION. AU'FHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNI'[' OF: X (TrY :: COUNTY ~.~ OTHER LOCAl AGENCY NAME OF POLITICAL SUBDIVISION: City of Sanford, Florida MY POSITION IS: :~ ELECTIVE ~3 APPOINTIVE WHO MUST FILE FORM 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. !I applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The reqmrements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclOsure required by law. Your responsibilities under the law when faced with 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,the reverse side and filing the form. '!.; .... :', INSTRUCTIONS FOR cOMPLIANCE WITH SECTION 1t2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should 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: A person holding appointive cb-unty, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting .on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise ma)' participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making an)' attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DEC1SION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should 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. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should 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 should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Lon K. Howell , hereby disclose that on December 9 , 19 91 measure came or will come before my agency which (check one) .. inured to my special private gain; or X inured to the special gain of the Community Improvement Associati,oBy whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: The ,item was adoption of O~dinance No.. 3090, to declare Hopper Academy a Historic Landmark. I abstained from vot- ing because I work for the Community I.m_provemen_t Associ- ation, which is working ~o renovate Hopper Academy. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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. ~"T-7~'.'::_-'~':'.':' .'7" : _~'"--~'. '..'"~'"":':' ~ .' : ' ........ 2 0 6 MINUTES City Commission, Sanford, Florida 7:00 P. M. December 9 19 91 ?ublic Hearing to consider second reading and adoption of Ordinance No. 3091, as advertisea in the Sanford Herald on November 28, and December 5, 1991. Ordinance No. 3091, entitled: AN ORDINANCE OF THE CITY OF SAN-FORD, FLORIDA, ENACTING INTO LAW AN AMENDMENT TO ORDINANCE NO. 3078, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN LAKE MARY BOULEVARD AND HIDDEN LAKE DRIVE AND BETWEEN ART LANE AND HIDDEN LAKE DRIVE; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND EFFECTIVE DATE. introduced and placed on first reading at meeting of November 25, 1991, 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, proposed Ordinance No. 3091. No one appeared. Commissioner Howell moved on second reading and .adoption of said Ordinance No. 3091. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Request from All Souls Catholic Church, to close Myrtle Avenue and Oak Avenue between 8th Street and 20th Street, and 8thStreet and 9thStreet between Myrtle Avenue and Park Avenue, and 10th Street between Myrtle Avenue and Oak Avenue, from Friday, February 28, 1992, from 5:00 P.M. to 10:00 P.M., February 29, 1992, from 10:00 A.M. to 10:00 P.M., March 1, 1992, from 10:00 A.M. to 6:00 P.M., for annual Mardi Gras Festival. On recommendation of City Manager, Commissioner Howell moved to approve the aforesaid street closures, with requestor to notify all property owners in the area affected by said street closures. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Request from Central Florida Services forthe Disadvantaged, Inc., for waiver of Civic Center rental fees, for third annual Christmas Feast on December 25, 1991. On recommendation of City Manager, Commissioner Howell moved to approve waiver of said Civic Center rental fees as requested. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Request from Florida Department of Transportation, for Utility Relocation Agreement. On recommendation of City Manager, Commissioner Howell moved to authorize the Mayor to execute said Utility Relocation Agreement, for relocation of street light poles; said service to be performed by City forces, and at the City's expense, for U.S. 17-92 road widening project (Seminole Boulevard from Central Florida Zoo to Upsala Road). Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye MINUTES City Commission, Sanford, Florida 2O7 7:00 P. M. December 91991 Request from Tom Harb, 'HARBCO, for City Co~%.ission support, for waiver of pre-treatment retention ~ond as required by St. Johns River Water Management District, relative to K-Mart Expansion/FoodLion Store pro~ect, as discussed at tonight's Work Session. On recommendation of City Manager, and Planning and Zoning Commission, Commissioner Eckstein moved to authorize the Mayor to execute letter dated December 9, 1991, supporting request for waiver of pre- treatment retention pond as submitted by City Manager. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Renewal of Contract with Metro~olitan Systems, Inc, for Bus Sto~ Benches, as discussed at tonight's WOrk Session. On recommendation of City Manager, Commissioner Howell moved to extend said contract for a period of three months, pending preparation of updated contract. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Request from Staff to negotiate a proposed 5-year grove o~eration and maintenance contract with Faryna Grove Care and Harvesting, for "Site 10" Citrus Grove Development, as discussed at tonight's Work Session. The Commission took no action; Staff to provide possible alternatives. Agreement with Department Of ConmmnityAffairs, for 1991-92 Local GovernmentLanflDevelo,~_ent Regulation Assistance Pro,ram. On recommendation of City Manager, Commissioner Howell moved to authorize the Mayor to execute said Agreement with Department of Community Affairs, for funding in amount of $27~740.00, for updating Land Development Regulations, and development of Concurrency Management System. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Appeal by Knights of Columbus, for waiver of Stozmwater Utility Fee. On recommendation of City Manager, Commissioner Howell moved to continue consideration of the aforesaid appeal; City Clerk to notify Knights of Columbus by Certified Letter that said appeal will be heard at the December 16, 1991 Regular Meeting. vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Seconded by Commissioner Thomas and carried by the Condemnations - Status Report/Time Extension Requests. A. Summary Status Report of all current and pending condemnations. B. Requests for time extensions on Condemnations as follows: (1) Condemnation Report 990-3, 1113 West 10th Street, Mary Leonard, owner. (2) Condemnation Report ~89-6, 718 Celery Avenue, Mary Johnson, owner. On motion of Commissioner Howell, seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye MINUTE S City Commission, Sanford, Florida 7:00 P. M. December 9 19 91 k. he Commission: A. B. No action taken or required. (1) Authorized 90 day time extension. (2) Authorized 60 day time extension. Late payment charges for FY ending September 30, 1991. acknowledge two late payment charges totalling $23.32. carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Eckstein moved to Seconded by Commissioner Howell and the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Resolution No. 1621, regarding William C. Hutchison, Jr. On recommendation of City Manager, Commissioner Howell moved to adopt Resolution No. 1621, entitled: A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, AND THE SANFORD AIRPORT AUTHORITY IN APPRECIATION OF WILLIAM C. HUTCHISON, JR. FOR HIS UNTIRING AND GENEROUS EFFORTS DEVOTED TOTHE INTERESTS OF THE COMMUNITY. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Offer from Donald L. Vincent, to donate property at 501 East Second Street (Lot 1, Block. 16, Chairman and Tuckers Addition) to City of Sanford. On recommendation of City Manager, Commissioner Howell moved to authorize staff to work with Mr. Vincent for preparation of agreement for use of building, and preparation of appropriate deed of conveyance regarding the aforesaid property. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Request from Seminole County, to adopt resolution to support HB 215. On recommendation of City Manager, Commissioner Thomas moved to adopt said Resolution No. 1622, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, SUPPORTING HOUSE BILL 215 WHICH WOULD AUTHORIZE A SURTAX ON DOCUMENTS IN REAL ESTATE TRANSACTIONS TO ESTABLISH A HOUSING ASSISTANCE LOAN FUND. First Amendments to CDBG Program Housing Rehabilitations Services Agreements with Seminole County. On recommendation of City Manager, Commissioner Howell moved to authorize the Mayor to execute said First Amendments. to CDBG Program Housing Rehabilitation Services Agreements dated December 13, 1990, and March 13, 1991, with Seminole County, to extend Contract for funding in amount of $85,000.00, for Emergency Repair Program (Fund 127) to February 28, 1992; and to extend Contract for funding in amount of $200,000.00, for Rehabilitation Program Grant FY 90/91 (Fund 126) to April 30, 1992. Seconded by Commissioner Thomas and carried by MINUTES City Commission, Sanford, Florida 7:00 P. M. December 9 209 1991 .e~onded by C~mmissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Information from Planning and Zoning Commission Meeting Thursday, November 21, described in memo dated November 26, 1991, from Land Develo~ament Coordinator. 'taken or required. Consent Agenda Items. A. Be 1991, as No action Requests for payment of statements. (1) (2) (3) From Architects Design Group, Inc. for Museum - Library..$ From Ardaman & Associates, Inc. for Quarterly Monitoring Groundwater Wells at Mayfair Golf Course ................. $ Vouchers for the month of November. Approval of Minutes of November November 25, 1991 Regular Meeting. From Transportation Consulting Group for ORC Responses...$ 1,913.85 221.31 380.30 25, 1991 Work Session, and Minutes of On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye the Commission: A. B. C. Approved payment of statements (1) through (3). Approved vouchers for the month of November. Approved Minutes of November 25, 1991 Work Session, and Minutes of November 25, 1991 Regular Meeting. Information for lump sum contract invoices. contract invoices approved for payment totalling $126,026.26. Henry Shelton Sanford Memorial Library-Museum. On recommendation Commissioner Eckstein moved to request Architect Design Group, The Commission acknowledged thirteen lump sum of City Manager, Inc. to assign design/construction administration contract to Burke, Bales and Mills, Inc., and authorized a Design Review Committee to be formed as described in memo dated December 3, 1991, from City Manager. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye First reading of Ordinance No. 3092. Kevin Kelly, P.O. Box 1828, representative for Viola Kastner, owner, appeared and reported that the initial request was for an interim agricultural land use for Northgate, plus limiting commercial acreage to 29 acres, and interim agricultural land use for Southridge. Further, he just received Planning and Zoning Commission's recommendations, and has not had time to review same. Director of Planning and Development reported that applicant requested that the term "interim agricultural land use" be added to all other land uses, and that there was a note added to the plan which stated that land involved with the easement known as Smith Canal would be subtracted from the commercial acreage. Commissioner Howell moved to approve only those items requested by the applicant, 21 0 MINUTES. City Commission, Sanford, Florida 7:00 P. M. December 9 19 91 not to include conditions/restrictions additional to the orginal conditions/restrictions approved by the City Commission in 1990. Seconded by Commissioner Eckstein. City Manager reported that Staff recommended other items be considered relative to the rezoning, which addressed some entrances that are close to SR 46, and that Planning and Zoning Commission made recommendations relative to driveway entrances for Northgate and building setbacks. Director of Planning and Development reported that applicant was satisfied with Planning and Zoning Commission's recommendations. Mr. Kelly reported that he does not prefer Planning and Zoning Commission's recommendations, that it is a compromise situation, that they do not want to obstruct progress, and they prefer Commissioner Howell's recommendation. City Attorney reported that when the application was submitted, he understood it to be time sensitive, that both Ordinance No. 3092 and Ordinance No. 3093 contain Planning and Zoning Commission's recommendations. Commissioner Howell withdrew the foregoing motion. Commissioner Eckstein withdrew his second. On motion of Commission Howell, seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Ordinance No. 3092, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE 3027 AND 1990 OF SAID CITY; SAID ORDINANCES PROVIDING A ZONING PLAN; SAID AMENDMENT AMENDING THE MASTER PLAN OF NORTHGATE, A PLANNED DEVELOPMENT LOCATED ON A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN I-4 AND ELDER ROAD AND BETWEEN SR-46 AND WILSON AVENUE, TO PROVIDE FOR AN INTERIM AGRICULTURAL LAND USE AND TO PROVIDE FOR POINTS OF INGRESS AND EGRESS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Commissioner Howell moved to amend Ordinance No. 3092, to include requestors initial request to provide for an interim agricultural land use and to provide for points of ingress and egress, with conditions/restrictions as adopted by the City Commission in 1990. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye First reading of Ordinance No. 3093. Kevin Kelly appeared and requested that the Commission approve amendment to Ordinance No. 3093 to provide for interim agricultural land use. Ordinance No. 3093, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE 3020 AND 1990 OF SAID CITY; SAID ORDINANCES PROVIDING A ZONING PLAN; SAID AMENDMENT AMENDING THE MASTER PLAN OF SOUTHRIDGE, A PLANNED DEVELOPMENT LOCATED ON A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN I-4 AND OREGON AVENUE AND BETWEEN CR-46A (WEST 25TH STREET) AND HUGHEY STREET (OREGON AVENUE') EXTENDED WESTERLY, TO PROVIDE FOR AN INTERIM AGRICULTURAL LAND USE AND TO PROVIDE FOR POINTS OF INGRESS AND EGRESS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. MINUTES 21 1 City Commission, Sanford, Florida 7:00 P. M. December 9 19 91 7~mmissioner Eckstein. Commissioner Howell moved to amend Ordinance No. 3093 to provide for interim agricultural land use, without conditions/restrictions as recommended by Staff, and Planning and Zoning Commission, but to keep the same conditions adopted by the City Co~fm]ission in 1990. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Aye CommisSioner Howell Aye Request from Commissioner Thomas to attend National Meeting of Black Elected Officials ~n Washington DC, on January 22/25~ 1992. The Commission concurred that Commissioner Thomas attend, at City expense. Request from Commissioner Howell to research feasibility of adopting ordinance requiring bicycles to be registered and tagged. Police Chief to investigate and report back to City Commission. There being no further business, the meeting was adjourned. Attest: / City Cl-e-rk }~ A~OR