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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: