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081092-Regular Meeting370 MINUTES City Commission, Sanford, Florida Reqular Meetinq AUgust 10, 1992 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, August 10, 1992 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 Commissioner A. A. McClanahan Commissioner Lon Howell City Attorney William L. Colbert City Manager William Ao simmons City Clerk Janet R. Donahoe The Chairman called the meeting to order. Soap Box Derby. Mayor Smith announced that Mike Kirby, Director of Parks and Recreation, was recognized as Outstanding Soap Box Derby Director in Akron, Ohio, on Saturday, August 8, 1992. The Mayor thanked and commended Mr. Kirby for his efforts. Presentation b¥Carol Gilbert and Crystal Lawrence regarding the Expresswa¥, as discussed at tonight's Work Session. Carol Gilbert and Crystal Lawrence appeared and reported-that the beltway is not necessary, and that it will be detrimental to the City of Sanford, its residents and neighborhoods, and the historic downtown section. Further, several areas of concern need to be addressed, which include: air/noise pollution (buffers); stormwater runoff; open basin to closed water basin; stormwater storage capacity reduction; poor soil conditions, which are not conducive to retention or detention ponds, or suited for local roads without the proper amount of fill; possible drop in property values; impact on Police and Fire Departments; and future land uses around the Expressway, and how residents will be impacted by same. Mayor Smith reported that on April 27, 1992, the Commission adopted Resolution No. 1478, expressing the Commission's opposition to the Expressway; asking that consideration be given to it going around the airport, and that said resolution was sent to the Expressway Authority. City Attorney reported that the Legislature created the Expressway Authority in 1974 (FS 348), which severely restricts, and virtually eliminates the City of Sanford's or any other unit of local.government's power to address the issue. Further, the City cannot legally stop the Expressway, it can only ask the Legislature to modify the power it gave the Expressway Authority. Commissioner Howell moved to authorize City Attorney to prepare a resolution requesting that the Expressway Authority provide appropriate buffers which are agreeable to the City, and that the Expressway Authority address concerns/issues such as, poor soil conditions, closed basin vs open water basin, impact on Police and Fire Departments, etc., said Resolution for City Commission review at the August 24, 1992 Regular Meeting. 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 MINUTES City Commission, Sanford, Florida Reg_~lar Meeting 371 August 10, 19 92 Public Hearing to consider adoption of First Annual Comprehensive Plan Amendment for 1992, as advertised in the Sanford Herald on August 5, 1992. City Manager reported that the Comprehensive Plan has been amended to include eight (8) parcels totalling approximately 38 acres, which were annexed into the City since adoption of the last Comprehensive Plan Amendment. Further, land use for approximately 127 acres of land will be changed from general rural (one dwelling unit per five acres) to suburban estates (one dwelling unit per acre). Also, the Department of Community Affairs has reviewed and recommend this Amendment. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the First Annual Comprehensive Plan Amendment for 1992, and proposed Ordinance No. 3108, to adopt the Plan Amendment. No one appeared. On recommendation of City Manager, CommissionerThomas moved on the second reading and adoption of said Ordinance No. 3108, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1893 OR SAID CITY. SAID ORDINANCE BEING THE COMPREHENSIVE PLAN, PROVIDING FOR REVISED COMPREHENSIVE PLAN; PROVIDING FOR GOALS, OBJECTIONS, AND POLICIES OF LAND USE ELEMENTS, TRAFFIC CIRCULATION ELEMENT, HOUSING ELEMENT, PUBLIC FACILITIES ELEMENT WHICH INCLUDES SANITARY, SEWER, SOLID WASTE, POTABLE WATER, DRAINAGE, AND AQUIFER RECHARGE, CONSERVATION ELEMENT, RECREATION AND OPEN SPACES ELEMENT, INTER-GOVERNMENTAL COORDINATION ELEMENT, CAPITOL IMPROVEMENT ELEMENT, AND PROVIDING FOR GENERAL MONITORING AND EVALUATION CRITERIA; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICT AND EFFECTIVE DATE. 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. 3122, as advertised in the Sanford Herald on July 30, 1992. Ordinance No. 3122, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3075; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on-first reading at meeting of July 27, 1992, 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. 3122. No one appeared. Commissioner Howell'moved on the second reading and adoption of said Ordinance No. 3122. Seconded by Commi~ssioner 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. 3123, in the Sanford Herald on July 30, 1992. Ordinance No. 3-123, entitled: as advertised AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA ENACTED PURSUANT TO CHAPTER 6, BUILDINGS, SEC. 6-3. FEES, OF THE CITyCODE TO AMEND THE FEE SCHEDULE FOR BUILDING PERMITS .INCREASE FEES TO PROVIDE FOR THE COSTS, INSPECTIONS AND ENFORCEMENT SERVICES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 372 MINUTES City Commission, Sanford, Florida Regular Meeting August 10, 19 92 introduced and placed on first reading at meeting of July 27, 1992, 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. 3123. No one appeared. Commissioner McClanahan moved on the second reading and adoption of said Ordinance Seconded by Commissioner Howell and carried by the vote of the Commission as No. 3123. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request from New Salem Primitive Baptist Church, for waiver of building demolition assessment regarding property located at'1206 Oleander Avenue, Constance Dent, owner, as discussed at tonight's Work Session. Commissioner McClanahan moved to table consideration of request for waiver of building demolition assessment in amount of $2,373.33 until August 24, 1992 Regular Meeting, pending Code Enforcement Board action regarding fine in amount of $2,040.00. 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 Request from Nathaniel and Carolyn Richburg, for waiver of Land Development Regulations, Schedule K, Section2.3, Signs Prohibited, Paragraph B., Billboards, regarding property lying Airport Boulevard, near the Expressway crossing, as discussed at tonight's Work between Session. Mayor Smith reported that Mr. Richburg has withdrawn the request. The Commission acknowledged same. Request from Seminole County Humane Society, for City contribution in amount no less than $1,711.00 per annum, for animal control services provided, as discussed at tonight's Work Session. Commissioner McClanahan moved to table consideration of request for City Seconded by Commissioner Howell and carried by the vote of the Commission as contribution. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Request for Special Event Permit, from Celery City Cruisers, for Annual Auto Show on November 14, 1992, from 7:00 A.M. to 5:00 P.M. (Approximately 150 participants - 500 spectators). Includes request to close First Street between Sanford Avenue and Oak Avenue; Palmetto Avenue between Second Street and Cosmuercial Street, and Park Avenue between Second Street and Seminole Boulevard. City Manager reported that S.H.D.W.A. concurs with issuance of the Special Event Permit as requested. Commissioner McClanahan reported that as a result of Park Avenue between Second Street and Seminole Boulevard being closed last year, it was difficult for him to get to his office.as it was for other business owners on Park Avenue between First Street and Second Street, and requested that Park Avenue be closed only between First Street and Seminole Boulevard. Also, he will abstain from voting regarding this issue, and will file a Conflict of Interest Form. MINUTES 373 City Commission, Sanford, Florida Regular Meeting Auqust 10, Commissioner Howell moved to approve Special Event Permit as requested, with the exception that Park Avenue be closed only between First Street and Seminole Boulevard. 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 Abstained Commissioner Howell Aye Request from Orlando Urban Area MPO for City apDroval/suDDort of Re-apDortionment Plan, and adoption of resolution regarding same. On recommendation of City Manager, Commissioner Eckstein moved to approve the Re-apportionment Plan as presented, and to adopt Resolution No. 1640, for same, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, APPROVING THE PROPOSED REAPPOINTMENT PLAN OF THE MPO; AND REQUESTING THAT GOVERNOR CHILES APPROVE THE REORGANIZATION PLAN; PROVIDING FOR DISTRIBUTION AND 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 MeClanahan Aye Commissioner Howell Aye Condemnations. A. Status Report of all current and pending condemnations. B. Requests for Time Extensions: (I) Condemnation Report 990-8, 412 Cypress Avenue, Ruth Allen, owner. (2) Condemnation Report %91-17, 144 Country Club Drive, Michael McKenna, owner. On motion of Commissioner Eckstein, 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 the Commission: A. No action required or taken. Be (1) Authorized 60 day extension. (2) Authorized 60 day extension. Request from Thomas L. Leonard, Supervisor, Ware Rogers Oil Co., for Right-Of-Way Use Permit, to use 14' alley beside Wareco (110 North French Avenue), for additional parking. On recommendation of City Manager, Commissioner Howell moved to authorize use of 14' alley for additional parking, for five years with consideration for renewal, with condition that the City will not be responsible for repairing their pavement, if the City has to break pavement to get to utility lines underneath. 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 Information from Planning and Zoning Commission Meeting of Thursday, July 16, 1992, .as described in memo dated July 20, 1992 from Land Development Coordinator. No action required or taken. 1992 FORM i B. MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME McClanahan, A. A. MAILING ADDRESS 409 Editha Circle CiTY COUNTY - San ford Seminole DATE ON WHICH VOTE OCCURRED August 10, 1992 NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, Or COMMITTEE City Commission 'IHE BOARD, COUNCIL. COMMISSION, AU'FHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: · XCITY - COUNTY ~ ~ OTHER I.OCAt AGENCY NAME OF POLITICAL SUBDIVISION: City of Sanford MY POSITION IS: ~.' ELECTIVE ['I APPOINTIVE WHO MUST FILE FORM 8B 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 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 requirements 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 intefest 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 112.3143, 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~ur~{y, 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 may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempl 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 DECISION 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 inatter 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 minute of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, A.A. McClanahan , hereby disclose that on August 10 , 19 92 (a) A measure came or will come before my agency which (check one) xx inured to my special private gain; or inured to the special gain of , by whom I am retaine( (b) The measure before my agency and the nature of my interest in the measure is as follows: Consideration of a Special Event Permit for Celery City Cruisers' Annual Auto Show on November 14, 1992, which included a request to close Park Avenue between Second Street and Seminole Boulevard, among others. The permit was approved as requested, except that closure of Park Avenue was authorized only between First Street and Seminole Boulevard. I abstained from voting because my business, Seminole Self-Reliant Housing, Inc., is located on Park Avenue between First Street and Second Street, in the area not authorized to be closed. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY. ONE OR MORE OF THE FOLLOWIN( IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1 SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. 374 MINUTES City Commission, Sanford, Florida Reqular Meetinq Auqust 10.,19 92 First reading of Ordinanoe No. 3124. Jordan Beckner, 434 Scott Avenue, appeared and reported that he would like residences to receive two or three warnings, and that hopefully this will serve as a deterrent rather than a profit making situation. On motion of Commissioner EckStein, 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. 3124, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO CREATE CHAPTER 20, SECTION 20-5; ESTABLISHING A POLICE FALSE ALARM FEE; PROVIDING FOR DEFINITIONS; PROVIDING DUTY OF OWNER OR LESSEE OF PREMISES; ESTABLISHING A SCHEDULE OF FEES FOR FALSE ALARMS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3125. On motion of Commissioner Howell, seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McC!anahan Aye Commissioner Howell Aye Ordinance No. 3125, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANFORD TO CREATE CHAPTER 9, ARTICLE V, SECTION 940, ENTITLED INSPECTION AND FALSE ALARM FEES; ESTABLISHING FIRE INSPECTION FEES WHICH MAY BE AMENDED FROM TIME TO TIME; DEFINING AND REGULATING OPEN BURNING, ESTABLISHING A FALSE ALARM FEE; PROVIDING A SCHEDULE OF FEES FOR FALSE ALARMS; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. was introduced and placed on first reading. Consent Agenda Items. Request for payment of City Attorney's July, 1992 Statement in amount of $4,837.50. City Manager recommended authorization to pay. Bm Bid 991/92-58, Commercial Roll-Off Dumpster Service (Public Works Department) City Manager recommended acceptance of lowest bid, which met specifications, from Florida Garbage Service Inc. (FSG) at an average price of $157.78; contract term to be one year, with two additional one year renewal options. C. Approval of Vouchers for the month of July, 1992. D. Approval of Minutes of July 27, 1992 Regular Meeting. 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 McClanahan Aye Commissioner Howell Aye the Commission: A. Authorized payment of City Attorney's July, 1992 Statement. Be Accepted lowest bid, which met specifications, from Florida Garbage Service Inc. (FSG) at an average price of $157.78; contract term to be one year, with two additional one year renewal options. C. Approved Vouchers for the month of July, 1992. D. Approved Minutes of July 27, 1992 Regular Meeting. MINUTES City Commission, Sanford, Florida Regular Meeting 375 August 10, 19 92 Information regarding lump sum contracts. The Commission acknowledged twelve lump sum contract invoices approved for payment totalling $1,237,987.47. REZONE APPLICATIONREGARDING SEMINOLE COUNTY SCHOOL BOARD PROPERTY. Commissioner Eckstein reported receipt of a letter relative to an 'upcoming rezoning matter regarding Seminole County School Board property located across from the Sanford Middle School. The other members of the Commission acknowledged receipt of said letter, also. Request from B.J. Simonsw for waiver of Land Development Regulations w Schedule K, Section 2.3, Signs Prohibited~ Paragraph B., Billboards, regarding property lying between Airport Boulevardf near Expressway crossingf as discussed at tonight's Work Session. Commissioner Eckstein moved to deny the above requested waiver. 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 There being no further business, the Meeting was adjourned. Attest: /- City Clerk