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HomeMy WebLinkAbout012472 MINUTES City Commission, Sanford, Florida J~nu~ry 24 at 8: 00 P. M. 19 72 567 The City Commission of the City of Sanford, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. on January 24, 1972. Present: Mayor-Commissioner Lee P. Moore Commissioner A. A. McClanahan Commissioner Gordon T. Meyer Commissioner John G. Morris Commissioner Julian L. Stenstrom City Attorney W. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. Police Chief Ben E. Butler The meeting was called to order by the Chairman. The first order of business was a Public Hearing to consider changes and amendments to the Subdivision Regulations in accordance with notice published in the Sanford Herald on January 18, 1972, as follows: NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN THE SUBDIVISION REGULATIONS ORDI- NANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. on January 24, 1972, to consider changes and amendments to the Subdivision Regulations Ordinance of the City of Sanford, Florida, as follows: 1. To require underground service~wiring~or electric and telephone utilities. 2. To require the developer to install the street light system with under- ground wiring and concrete poles. 3. To establish a fee of $200.00 for construction per dwelling unit or equivalent for Water Pollution Control. 4. To establish a fee of $200.00 for construction per dwelling unit or equivalent for off site Capital Improvements. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida, this 10th day of January, 1972. H. N. TAMM, JR. CITY CLERK OF THE CITY OF SANFORD, FLORIDA The Chairman announced that the Zoning and Planning Commission and the City's Planning Consultant recommended the adoption of a w~ter pollution control fee and a capital improvement fee on all developments. The Chairman announced that the Commission would hear from those persons opposing said amendments. J. Brailey Odham, developer of the Sanora and Twenty West subdivisions, stated he was not opposed to the requirement of underground wiring for house service, underground wiring for street lights, concrete street light poles, and a $200.00 fee for pollution control; but, pre- ferred this charge being termed a "sewer connection fee". He stated further that the fee should MINUTES · .... City Commission, Sanford, Florida January 24 at 8:00 P.M. .19 72 be on an equitable basis, applicable to everyone, and not imposed on just major developers. Mr. Odham expressed opposition to a $200.00 capital improvement fee. William F. Simonet, attorney for Mr. Odham, expressed that a majority of the court cases ruled as unconstitutional a capital improvement fee as proposed. William W. Austin opposed any increased fees to be charged to the developer and in particular those fees relating to water pollution control and capital improvement. Donald Howe, James Walters and Ray Crank appeared to oppose the proposed fees. Arthur Harris, Chairman of Zoning and Planning Commission, explained a recent Annexa- tion Study submitted to the Commission and resulting in recommendation of adopting the fees as proposed. The City of Jacksonville has implemented such an ordinance. Commissioner Meyer moved to authorize the City Attorney to prepare an ordinance to require underground service for electric and telephone utilities; to require the developer to install underground wiring and concrete poles for street lightS; to establish a sewer tap fee of $250.00; fees to be on each dwelling unit or equivalent and to be paid at the time that the "certificate of occupancy" is issued. Seconded by Commissioner Stenstrom. Motion carried over the dissenting vote of Mayor Moore. John Dragash and Richard Matz of Gutmann, Dragash and Matz, Architects, Inc., sub- mitted the schematic design of space allocation and site layout for the Police Security Complex The architects stated the building would be 21,229 square feet. They anticipated completing the design work and the letting of bids by July 1, 1972, and occupancy by April 1, 1973. Robert Petree, attorney for Albert Phelps and J. B. Cain, owners of property located on the west side of US 17-92 and north of Onroa Road, appe~ed to submit a second request for the Commission to consider de-annexation of said properties. No action was taken by the Com- mission. Recommendation next submitted f~m the Zoning and Planning Commission to rezone certain properties located on the west side of US 17-92 and south of Onora Road, as follows: M-1 (Light Industrial) District: From a point 18.91 chains West and 8.23 chains North of the Southeast corner of the Northeast~:~ of the Southeast ~ Section 11, Township 20 South, Range 30 East run North 64 degrees 30 minutes West 129.1 feet, North 25 degrees 30 minutes East 600.66 feet for Point of beginning: Thence run North 64 degrees 30 minutes West 530.9 feet, North 25 degrees 30 minutes East 782.38 feet, South 64 degrees 30 minutes East 530.9 feet, South 25 degrees 30 minutes West 782.38 feet to Point of beginning. C-1 (Neighborhood Commercial) District: Begin at a point 1447.4 feet North 25 degrees 30 minutes East from the intersection: of the Westerly right of way of State Road 15 & 600 with the South Line of the Sanford Grant Line run: North 64 degrees 30 minutes West 910 feet, North 25 degrees 30 minutes East 400 feet, South 64 degrees 30 minutes East 99.1 feet, North 25 degrees 30 minutes East 721.9 feet, South 64 degrees 30 minutes East 200 feet, South 25 degrees 30 minutes West 59.34 feet to point which is 530.9 feet North 64 degrees 30 minutes West from the Westerly right of way of US 17-92 MINUTES City Commission, Sanford, Florida January 24 at 8:00 P. M. 19.72 569 South 64 degrees 30 minutes East to the Westerly right of way of State Road 15 & 600, South 25 degrees 30 minutes West to Point of Beginning, Less part in right of way of US 17-92. And From a point on .the Westerly right of way of State Road 15 & 600 which is 18.91 chains West and 8.23 chains North of the Southeast corner of Northeast ~ of the Southeast ~ run North 64 degrees 30 minutes West 129.1 feet, North 25 degrees 30 minutes East 1383.36 feet for Point of beginning, Thence run North 64 degrees 30 minutes West 530.9 feet, Northerly parallel to the East line of Section 11 to the north line of Section 11, Easterly to the Northeast corner of said Section 11, Southerly along East line said Section 11 to the intersection of the East line of Section 11 with the Westerly right of way line of US 17-92, Southwesterly along the right of way of US 17-92 to Point of Beginning, Less that part lying Northeasterly of O'nora-Grapeville Road. On motion of Commissioner Stenstrom, seconded by Commissioner Meyer and carried, a Public Hearing was authorized to be held on February 14, 1972, for further consideration and the City Clerk was authorized to advertise same. After discussion, Commissioner Meyer moved to authorize a moratorium on the issuance of the certificate of occupancy on all building permits issued after today. Seconded by Com- missioner Stenstrom and carried. After discussion, Commissioner Meyer moved to rescind the prior action of the Commis- sion to establish a $200.00 capital improvement fee and a $250.00 sewer tap fee; and to author- ize the City Engineer and City Manager to prepare cost estimates to revise the present sewer tap fee and water tap fee and to establish a drainage fee; and for the City Attorney to prepare an ordinance for same to be submitted to the Commission at a Workshop Session on February 7, 1972, at 4:00 P.M. Seconded by Commissioner Stenstrom and carried over the dissenting vote of Mayor Moore. On the recommendation .of the Zoning and Planning Commission, Commissioner Morris moved to approve the plats of Sanora, Unit Two, and Idyll~rilde, Section IV, and to authorize the Mayor and City Clerk to execute same. Seconded by Commissioner Stenstrom and carried. Requests next submitted for an extension of time on condemnation reports in Gr~p¥:18, condemned August 9, 1971, as follows: Report No. 71-342, 502~ Cypress Avenue; Report No. 71-343, 504~ Cypress Avenue; Report No. 71-344, 502 Cypress Avenue; Report No. 71-345, 417 and 419 East Fifth Street; from Ola G. Brock. Report No. 71-331, 900 Block, West Eighth Street (Railway Express Building); from Seaboard Coast Line Railroad Company. Commissioner Morris moved to deny the requests. Seconded by Commissioner Meyer and carried. Petition next s~ubmitted for a street light to be installed at 28th Place and Magnolia Avenue, and on motion of Commissioner Meyer, seconded by Commissioner McClanahan and carried, same was approved. Request submitted from W. E. Winderweedle, Jr., attorney for Ponce L. Elmore and Mary E., his wife, for a Quit Claim deed to clear title on Lot 121, Franklin Terrace. Commis- sioner Meyer moved to establish a fee of $25.00 for executing a Quit Claim Deed and to authorize MINUTES City Commission, Sanford, Florida~ January 24 at 8:00 P. M. 19 72 the Mayor and City Clerk to execute same, upon the City receiving the proper fee. Seconded by Commissioner Stenstrom:}and carried. Utility easement in vacated East Street next submitted from Cooperating Parishes, Inc., as follows: Commencing at a Concrete Monument at the Intersection of Second Street and Cypress Avenue, SanfOrd, Florida, run North along the Center line of Cypress Avenue 288.75.feet, thence run S. 89 degrees 44'E., 130 feet for a point of beginning, thence run S. 89 degrees 44'E., 24.47 feet, thence run N. 0 degrees 16'E 5.60 feet thence run S. 89 degrees 44'E., 54.67 feet, thence run S. 0 degrees 16'W., 5.60 feet, thence run S. 89 degrees 44'E., 70.86 feet to the West R/W line of Pine Street, thence run North 14 feet, thence run N. 89 degrees 44'W., 70.92 .feet, thence run S. 0 degrees 16'W., 2.40 feet, thence run N. 89 degrees 44'W., 54.67 feet, thence run N. 0 degrees 16'E., 2.40 feet, thence.run N.~89 degrees 44'W., 24.41 feet, thence run South 14 feet to the Point of Beginning. On motion of Commissioner Meyer, seconded by Commissioner Stenstrom and carried, same was accepted and authorized to be recorded. City Manager informed the Commission that the property owned by James Triplett had been sold to Phillip H. Logan. Said property being located east of Sanford Avenue between 20th Street and Grandview Aven~ ;i and which was involved with a Public Hearing to close an alley. On motion of Commissioner Meyer, seconded by Commissioner Stenstrom and carried, Ordinance No. 1058, entitled: AN ORDINANCE OF THE CITY OF SANFORD, .FLORIDA, ANNEXING TO AND INCLUDING WITHIN THE CORPORATE AREA OF THE CITY OF SAN-FORD, FLORIDA, THE AREA DESCRIBED HEREINAFTER, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 57-1815, LAWS OF FLORIDA, ACTS OF 1957. was introdUe'ed and placed on its first reading and read in full. Commissioner Meyer then moved on the waiver of the requirement Of the second reading of Ordinance No. 1058, and that same be placed on its final passage and adoption. Seconded by Commissioner Stenstrom. Thereupon, the question recurred on the w~iver of the Se~nd reading, the roll was called and the vote stands as follows: Mayor Moore Commissioner McClanahan Commissioner Meyer Commissioner Morris Commissioner Stenstrom Yea I! !! Said Ordinance No. 1058 was then placed on its final passage and adoption, the roll was called am the vote stands as follows: Mayor Moore Commissioner McClanahan Commissioner Meyer Commissioner Morris Commissioner Stenstrom Yea !! !! !! Thereupon, the Chairman announced that the City Commission of the City of Sanford,. ~lnw~H~_ hv unanimous vote, had passed and adopted said Ordinance No. 1058, entitled: 'MINUTES City Commission, Sanford, Florida January 2/, at 8: 00 P. M. DQTH~ROW OFFICE SUPPLY, COMPANY 19 72 ,571 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ANNEXING TO AND INCLUDING WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, THE AREA DESCRIBED HEREINAFTER, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 57-1815, LAWS OF FLORIDA, ACTS OF 1957. On motion of Commissioner Meyer, seconded by Commissioner Stenstrom and carried, Ordinance No. 1059, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 771 OF SAID CITY, AS AMEb~ED, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID AMENDMENT PLACING CERTAIN TERRITORY IN THE DISTRICT AS DELINEATED BELOW. introduced and placed on its first reading and read in full. Commissioner Meyer then moved on the waiver of tt~ requirement of the second reading of Ordinance No. 1059, and that same be' plaeed on its final passage and adoption. Seconded by Commissioner Stenstrom. Thereupon, the question recurred on the waiver of the second reading, the roll was called and the vote stands as follows: Mayor Moore Commissioner McClanahan Commissioner Meyer Commissioner Morris Commissioner Stenstrom Yea .... Said Ordinance No. 1059 was then placed on its final passage.and adoption, the roll was called and the vote stands as follows: Mayor Moore Commissioner McClanahmn Commissioner Meyer Commissioner Morris Commissioner. Stenstrom. Yea Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous vote, h~d passed and adopted said Ordinance No. 1059, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 771 OF SAID CITY, AS AMENDED, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID AMENDMENT PLACING CERTAIN TERRITORY IN THE DISTRICT AS DELINEATED BELOW. On motion of Commissioner Meyer, seconded by Commissioner Stenstrom and carried, Ordinance No. 1060, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 771 OF SAID CITY, AS AMENDED, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID AMENDMENT PLACING :~ERTAIN TERRITORY IN A PLANNED UNIT DEVELOPMENT DISTRICT. was introduced and placed on its first reading and read in full. Commissioner Meyer then moved on the' waiver of the requirement of the. second reading of Ordinance No. 1060, and that same be placed on its final passage and adoption. Seconded by Commissioner Stenstrom. Thereupon, the question recurred on the waiver of the second reading, the roll was MINUTES City Commission, Sanford, Florida January 24 at 8: 00 P. M. 19, 72 MayorMoore Commissioner McClanahan Commissioner Meyer Commissioner Morris Commissioner Stenstrom Yea !! !! I! Said Ordinance No. 1060 was then placed on its final passage and adoption, the roll was called and the vote stands as follows: Mayor Moore Commissioner McClanahan Commissioner Meyer Commissioner Morris Commissioner Stenstrom Yea · !! 11 !1 Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous vote, had passed and adopted said Ordinance No. 1060, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 771 OF SAID CITY, AS AMENDED, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID AMENDMENT PLACING CERTAIN TERRITORY IN A PLANNED UNIT DEVELOPMENT DISTRICT. On motion of Commissioner Morris, seconded by Commissioner McClanahan and carried, minutes of January 10 and January 17, 1972, were approved. Commissioner McClanahan moved to authorize the City Manager to notify develppers and contractors by letter of action of the Commission to rescind earlier action to establish a water pollution control fee and a capital improvement fee; and further, that a Workshop Session has been called for February 7, 1972, at 4:00 P. M. to further discuss the matter, and also, that a moratorium has been adopted on the issuance of certificate of occupancy on all new buildings after this date. Seconded by Commissioner Meyer and carried. Commissioner Meyer moved that the regular City CommiS~on Meetings be held at 7:30 P. M. versus the present time of 8:00 P. M. Seconded by Commissioner Stenstrom. Motion failed to carry over the dissenting votes of Commissioner McClanahan, Commissioner Morris, and Mayor Moore. There being no further business, the meeting was adjourned. ATTEST: lm .MAY 0 R