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011094-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 MINUTES City Commission, Sanford, Florida Regular Meetinq January 10 19 9/, 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 MINUTES City Commission, Sanford, Florida Reoular Meetin 097 3anuary 10 19 94 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 098 MINUTES City Commission, Sanford, Florida Regular Meeting January 10 19 94 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, MINUTES City Commission, Sanford, Florida Regular Meeting 099 3anuary 10 19 94 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 100 MINUTES 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 [ MINUTES City Commission, Sanford, Florida Re.qular Meetinq 101 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