041194-Regular Meeting152
MINUTES:
City Commission, SanfOrd, Florida Re§U 1 ar Meet i n§
April
19 94
The C~ty Commission of the City of Sanford, Florida, met in Regular Meeting on
Monday, April 11, 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.
Continuation of public hearing to consider second reading and adoDtion of Ordinance No. 3201,
tabled at March 28, 1994, Regular Meeting, Dending Developer's Agreement or relocation of
utilities.
Ordinance No. 3201, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A PORTION OF A CERTAIN NORTH-
SOUTH ALLEY BETWEEN FRENCH AVENUE AND LAUREL AVENUE AND
BETWEEN WEST 25THSTREETAND BAYARD STREET; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
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. 3201.
A1 Carpenter, Conklin, Porter and Holmes, representative for WEB Properties, and
Jerry Evans, President, WEB Properties, appeared and reported that they were available to
answer questions.
/~City Attorney William Colbert reported that the legal issues have been worked out
with Mr. Evans and his attorney, that they have provided a Letter of Intent indicating that
upon purchase of the property a Utility Relocation Agreement will be executed, and
recommended that adoption of this ordinance be tabled, and the City Manager be authorized to
execute said Letter of Intent.
On recommendation of the City Attorney, Commissioner McClanahan moved to table the
second reading and adoption of Ordinance No. 3201. 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
On recommendation of the City Attorney, Commissioner Howell moved to authorize the
City Manager to execute the Letter of Intent and Utility Relocation Agreement.
Commissioner Thomas and carried by the vote of the Commission as follows:
Seconded by
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. 3202, as advertised
in the Sanford Herald on March 31, 1994.
Ordinance No. 3202, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A CERTAIN NORTH-SOUTH ALLEY
BETWEEN MAPLE AVENUE AND FRENCH AVENUE AND BETWEEN WEST
FIRST STREET AND WEST SECOND STREET'; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME--MIDDLE NAME
Bettye D. Smith
MAILING ADDRESS
103 Country Place
CITY COUNTY -
Sanford, FL Seminole
DATE ON WHICH VOI'E OCCURRED
April 11, 1994
NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE
CitY Commission
'I HE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
~(]'~.'I'FY . : COUNI'¥ ~ ~ OTHER lOCAl AGENCY
-NAME OF POLITICAl.. SUBDIVISION:
City nf Sanfnrd
MY POSll'ION IS:
iX ELECTIVE
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 lag, 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 retention 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 assen~bly 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~uniy, 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 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 DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (betbre 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 prim' 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, Bettye D. Smith , hereby disclose that on April q]
(a) A measure came or will come before my agency which (check one)
X inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Second Reading and Adoption of Ordinance No. 3203 to annex a parcel
which I own.
,, 19 94
· by whom I am retained.
of prOperty
Date Filed
Sign:~t~re
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 I
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
MINUTES
City Commission, ~anford, Florida Regu 1 ar Meet i nq
153
April 11
19 94
introduced and placed on first reading at meeting of March 28, 1994, 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. 3202.
A1 Carpenter and P.J. Sutch, Conklin, Porter and Holmes, representatives for the
developer, appeared and reported that they were available to answer questions.
Commissioner McClanahan moved to table the second reading and adoption of Ordinance
No. 3202. 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
Commissioner Thomas moved to authorize the City Manager to execute a Memo of
Understanding with McDonald's. 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
Public Hearing to consider second reading and adoption of Ordinance No. 3203, as advertised
in the Sanford Herald on March 31 and April 7, 1994.
Ordinance No. 3203, 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 OLD LAKE MARY ROAD AND THE SCL
RAILROAD RIGHT-OF-WAY AND BETWEEN WEST 25TH STREET AND
AIRPORT BOULEVARD, 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 March 14, 1994, 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. 3203. No 'one appeared.
Mayor Smith reported that she would not be voting on this item tonight, and that
she will file a Conflict of Interest Form with the City Clerk's Office.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3203. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Abstained
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Public Hearing to consider second reading and adoption of Ordinance No. 3204, as advertised
in the Sanford Herald on March 31, 1994.
Ordinance No. 3204, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3185 ENACTING JANUARY 10, 1994, SAID
ORDINANCE REGULATING THE CONCENTRATION OF ADULT
ENTERTAINMENT ESTABLISHMENTS, ETC.; AMENDING SEC. 33.
VARIANCES; THEREIN PROVIDING FOR VARIANCE PROCEDURES FROM
THE DISTANCE AND ZONING REQUIREMENTS OF THE SAID
ORDINANCE; PROVIDING FOR CODIFICATION, CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
MINUTES
City Commission, Sanford, Florida
R~gul ar Meeting
April 11
19 94
introduced and placed on first reading at meeting of March 14, 1994, 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. 3204. No one appeared.
City Attorney William Colbert reported that this ordinance provides that any adult
entertainment establishment in existence on April 11, 1994, shall cease operations by April
11, 1996.
In consideration of Mr. Cocchierella's testimony presented at the first hearing,
Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3204.
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
Florida Department of Transportation Utility Relocation Agreement and City Resolution. On
recommendation of the City Manager, Commissioner Thomas moved to authorize execution of said
Utility Relocation Agreement, for relocation, change or adjustment of City-owned utilities
located on Highway 17-92, between SR 419 to SR 46 (25th Street), as necessary, in connection
with Florida Department of Transportation road improvements; said work to be at the City's
own expense, and to authorize execution of said Utility Relocation Agreement. 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
Waterfront Planning Items:
A. Contract with Anderson
Be
and Associates, for private parcel development
services, as discussed at the March 14, 1994, Meeting. On recommendation of
the City Manager, Commissioner McClanahan moved to authorize execution of
said Contract with Anderson and Associates. 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
Contract with University of Florida Architecture Studio, for waterfront and
downtown design, as discussed at the March 14, 1994, Meeting. City Manager
Bill Simmons reported that the University of Florida is requiring a new
contract that will be slightly different from the one sent for the City's
review, and that the City has not received the revised contract.
Commissioner McClanahan moved to table consideration of this item until the
April 25, 1995, Meeting. Seconded by Commissioner 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 Mid Florida Home Builders Association, for waiver of City SignRegulations, for
Spring Parade Of Homes, April 17 thru May 1, 1994, as discussed at tonight's Work Session.
The Commission took no action.
Public Works and Utility Mutual Aid Agreement, for reciprocal emergency aidand assistance,
as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner
Thomas moved to approve said Mutual Aid Agreement and execution of same, for filing with the
State Division of Emergency Management. Seconded byCommissioner Eckstein and carried bythe
MINUTES
City Commission, Sanford, Florida
Regular Meeting
155
April 11
1994
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Condemnations - Status Report/Requests for Time Extensions.
A. Status Report of all current and pending condemnations.
B. Requests for Time Extensions.
(1) Condemnation Report $90-7, 408 1/2 Cypress Avenue; Ruth Allen, owner.
(2) Condemnation Report $92-7, 1411 Bell Avenue; Burda Scott/Betty Vickers,
owners.
(3)
Condemnation Report %92-8, 1413 Bell Avenue, Burda Scott/Betty Vickers,
owners.
(4) Condemnation Report %92-9, 1106 West First Street, Kirby Moncrief,
owner.
The Commission acknowledged the Status Report, and, on recommendation of the City
Manager, Commissioner Thomas mOved to authorize 60 day extensions for B. (1) thru (4), above.
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
First reading of Ordinance No. 3205. On motion of Commissioner Thomas,
Commissioner McClanahan and carried by the vote of the Commission as follows:
seconded by
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3205, 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 FERN DRIVE AND ROSE DRIVE AND
BETWEEN PALM WAY AND SANFORD AVENUE, 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.
First reading of Ordinance No. 3206. On motion of Commissioner Howell,
Commissioner Thomas and carried by the vote of the Commission as follows:
seconded by
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3206, 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 SR 46 AND ST. JOHNS PARKWAY AND
BETWEEN TOWNE CENTER BOULEVARD AND RINEHART ROAD, 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.
First reading of Ordinance No. 3207. On motion of Commissioner McClanahan, 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
MINUTES
City Commission, Sanford, Florida Regu 1 ar Meet i ng
April
19 94
Ordinance No. 3207, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3199 OF SAID CITY; SAID ORDINANCE BEING THE
FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT
OF THE COMPREHENSIVE PLAN; TO AMEND THE EFFECTIVE DATE OF
SAID ORDINANCE; PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading.
Recommendations from Planning and Zoning Commission Meeting of Thursday, March 17, 1994, as
described in memo dated March 22,,1994, from Land Development Coordinator. Commissioner
Howell moved to approve the Final Plat for Pamala Oaks PD, a twenty-eight (28) single-family
residential subdivision, located at 841 Upsala Road in a PD, Planned Development Zoning,
District. Seconded by Commissioner Eckstein 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
Board appointments/re-appointments:
A. Board of Adjustment & Appeals: The City Clerk reported that the term of Jerry
Mills expires May 21, 1994, and that Mr. Mills has been contacted and is
willing to serve again, if re-appointed.
Commissioner Thomas moved to re-appoint Jerry Mills to the Board of
Adjustment & Appeals. 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
Consent Agenda.
A. Tabulations of Bids.
(1)
Bid %93/94-32, Reclaimed Water Main Materials (Utility Department).
City Manager recommended acceptance of lowest bids per item, which met
specifications, as described in memorandum dated March 30, 1994, from
Utility Director; totalling $6,588.50.
(2)
Bid 993/94-33, Fluorosilicic Acid (Utility Department). City Manager
recommended acceptance of lowest bid, which met specifications, from
Lucier Chemical Industries, at a unit price of $.4848/gallon or
$96.00/ton.
B. Approval of Vouchers for the month of March, 1994.
Approval of Minutes of March 28, 1994, Work Session; and Minutes of March 28,
1994, Regular Meeting.
On motion of Commissioner McClanahan, 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. (1)
Accepted lowest bids per item, which met specifications, as described in
memorandum dated March 30, 1994, from Utility Director; totalling
$6,588.50.
(2)
Accepted lowest bid, which met specifications, from Lucier Chemical
Industries, at a unit price of $.4848/gallon or $96.00/ton.
B. Approved Vouchers for the month of March, 1994.
Ce
Approved Minutes of March 28, 1994, Work Session; and Minutes of March 28,
1994, Regular Meeting.
MINUTES
City Commission, Sanford, Florida
Regular Meeting
157
April
94
19
Information regarding invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged fourteen (14) lump sum contracts totalling
$417,394.88.
Approval to file Notice of Intent to Appl~ for Em~owerment Zones, as discussed at tonight's
Work Session. Commissioner Howell moved to authorize Staff to file said Notice of Intent,
as requested. 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
Purchase of 1994 Police Vehicles, as discussed at tonight's Work Session. Commissioner
McClanahan moved to authorize Staff to purchase ten (10) police vehicles at $13,512.00 each,
six (6) from City Manager Contingency funds, and four (4), for Community Based Policing Team,
from Law Enforcement Trust Funds. 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 Seminole C~m~unit¥ Mental Health Center, Inc., for five (5) month extension of
Police Benevolent Association ("PBA") Building Lease, and on-site mobile office, as discussed
at tonight's Work Session. Commissioner Howell moved to authorize a five (5) month extension
of the PBA Building Lease, and an on-site mobile office, as requested. 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
First Amendment to Developer's Agreement regarding Reduction in Number of Billboards
(Seminole Towne Center), as discussed at tonight's Work Session. Commissioner Eckstein moved
to approve said First Amendment to the Developer's Agreement, and execution of same.
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 to board up property at 515 Elm Avenue, as disc=ssed at tonight's Work Session.
Commissioner Thomas moved to authorize Public Works to board up property at 515 Elm Avenue,
as requested. 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 a~jQurned.~ -
'~ A~ O'R
Attest: