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011083-Regular Session MINUTES City Commission, Sanford, Flo~-ida_ Januarx 10~ at 7: 00 P, M~ ]9 83 The City Commission of the City of Sanford, Florida, met City Hall in the City of Sanford, Florida, on January 10, 1983 at Present: Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner David T. Farr Commissioner Edwin O. Keith Acting City Attorney Thomas Whigham City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. Absent: Commissioner Edward A. Yancey City Attorney William L. Colbert The meeting was called to order by the Chairman. A public hearing was held in accordance December 21 and 31, 1982, as follows: See Item -A- on page 483. in Regular Session in the 7:00 P. M. with notice published in the Evening Herald o speak in ment. The Chairman announced that the Commission would hear from those persons present to favor of, or in opposition to, the proposed amendment. Rev. R. Anderson, Holy Cross Episcopal Church, appeared to support the proposed amend On recommendation of the Planning and Zoning Commission, Commissioner Keith moved to authorize the City Attorney to prepare the proper ordinance to amend the Zoning Ordinance for same, with the interment to be on church property adjacent to the sanctuary. Seconded by Com- missioner Farr and carried. The next item of business was the appeal of a denial by the Planning and Zoning Commission of a conditional use for sale of alcoholic beverages for consumption on the premise at the Ritz Theatre, 203 Magnolia Avenue, for use as a theatre pub. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposi- tion to, the proposed conditional use. Those appearing in opposition were as follows: Dot Powell, Powell's Office Supply, 117 Magnolia Avenue. Gordon Sweeney, Sweeney's Office Supply, 229 Magnolia Avenue. Bill MacLaughlin, Celery City Printing Company, 221 Magnolia Avenue. Jerry Senkarik, Senkarik Glass and Paint Company, 210 Magnolia Avenue. Ellinor Russell, owner of property on Magnolia Avenue. Those appearing in favor of the proposed conditional use were as follows: Dennis Braziel, 4101 North Orange Blosson Trail, Orlando, reported plans to convert the building to a cinema pub, and serving Mexican food. Chuck Williams, 421 West Fairbanks, Winter Park, reported they plan to show first-run ~ovies, and would only serve alcoholic beverages after 5:30 p. M., and with movies, so the establishment would not be a lounge. Commissioner Farr moved to deny the request for conditional use for sale of alcoholic beverages for consumption on the premises at the Ritz Theatre building. Seconded by Commis- sioner Smith and carried. Petition for annexation submitted from ABC Conveyor, Inc., and Felix Moses, for por- tions of property lying between Cornwall Road extended Westerly and North Way and between SR 427 and the Seaboard Coast Line Railroad right-of-way, further described as follows: See Item -B- on pages 483 and 484. MINUTES City Commission, Sanford, Florida Januar~v 10 at 7:00 P. M. 1983 Tony Wheeler, Chief Executive Officer, Jungle Laboratories, appeared to support the petition and reported plans to develop the parcel into 18 light manufacturing businesses or warehousing sites, and that most of the buildings would be used by firms oriented to supplyin the pet industry. Commissioner Keith moved to authorize the City Attorney to prepare the proper ordi- nance to annex said property. Seconded by Commissioner Smith and carried over dissenting vot of Commissioner Farr. Recommendations dated January 7, 1983 submitted from the Planning and Zoning Commis- sion as follows: See Item -C- on page 484. The City Clerk reported that Items Nos. 1 and 2 have been advertised for public hearing on January 24, 1983. The next item of business was consideration of an appeal of a denial by the Plannin, and Zoning Commission of a conditional use to construct two duplex units in an RC-1 zone at 25th Street and Princeton Avenue. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed conditional use. Those appearing in favor were as follows: David Stump, Winsong Development Corporation, reported the site plans meet all specifications, and feels the use protects the residential nature of the property South of Street. later date and moved to table 1983. Seconded by Commissioner Keith and carried. Requests submitted for time extensions on Commissioner Farr reported he had told people the Commission would hold a hearing at consideration of the conditional use until meeting of January 2 condemnations Group Report Owner No. No. Address as follows: Min Housing Code Insp Recommends * removal. 67 82-1016 1706 W 13th St Mary Smith FINAL 90 days 67 82-1024 1717 W 13th St Mr/Mrs Rbt Overstreet FINAL 60 days* 69 82-1046 1413 W 12th St Sarah Mae Bass 90 days** 69 82-1047 1413 W 12th St Sarah Mae Bass 90 days** 69 82-1048 1219½ Pomegranite Ave Mary Smith 90 days 70 82-1056 403½ Celery Ave Carl Poulsen 90 days City Manager recommends a FINAL 90 day extension. City Manager recommends a 60 day extension for debris Commissioner Farr moved to authorize same in accordance with the City Manager's recommendati¢ Seconded by Commissioner Smith and carried. A public hearing was held in accordance with notice published in the Evening Herald December 16, 23 and 30, 1982 and January 6, 1983, as follows: See Item -D- on page 485. Ordinance No. introduced and placed on final reading. 1620, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID OR- DINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING EAST OF AND ABUTTING UPSALA ROAD AND BE- TWEEN LARKWOOD DRIVE AND VIHLEN ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. first reading at meeting of December 13, 1982, was next placed on After being read by title, the Chairman announced that the Coramission would h a n MINUTES City Commission, Sanford, Florida_ Januar_.v 10, _at_ 7: 00 P. Iq. 19 83 481 hear from those persons present to speak in favor of, or in oposition to, the adoption of the ordinance. No one appeared. Commissioner Smith moved on the passage and adoption of Ordinance No. 1620. Seconde( by Commissioner Keith and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1620, entitled: December AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID OR- DINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING EAST OF AND ABUTTING UPSALA ROAD AND BE- TWEENLARKWOOD DRIVE AND VIHLEN ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. A public hearing was held in accordance with notice published in 31, 1982, as follows: the Evening Herald o See Item -E- on page 486. Ordinance No. 1622, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING APPENDIX A, ARTICLE V, SEC. 9 (B) OF THE SANFORD CITY CODE, SAID AMENDMENT SHALL BE THE ADDITION OF SUB-PARAGRAPH (10), SAID SUB-PARAGRAPH PROVIDING FOR ENCLOSED FIRING RANGE, SUBJECT TO ADEQUATE SAFEGUARDS AND REGULATIONS; PROVIDING FOR SEVERABILITY, CON- FLICTS, AND EFFECTIVE DATE. introduced and placed on next placed on final reading. After being read by title, the Chairman mission would hear from those persons present to speak in favor of, or adoption of the ordinance. No one appeared. Commissioner Keith moved on the passage and adoption by Commissioner Smith and carried. first reading and read in full at meeting of December 27, 1982, was announced that the Com- in opposition to, the of Ordinance No. 1622. Seconde~ Thereupon, the Chairman announced that the City Commission of Florida, had passed and adopted said Ordinance No. 1622, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING APPENDIX A, ARTICLE V., SEC. 9 (B) OF THE SANFORD CITY CODE, SAID AMENDMENT SHALL BE THE ADDITION OF SUB-PARAGRAPH (10), SAID SUB-PARAGRAPH PROVIDING FOR ENCLOSED FIRING RANGE, SUBJECT TO ADEQUATE SAFEGUARDS AND REGULATIONS; PROVIDING FOR SEVERABILITY, CON- FLICTS, AND EFFECTIVE DATE. On motion of Commissioner Smith, seconded by Commissioner Farr and carried, December 13, 1982 were approved. the City of Sanford, Minutes On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Vouchers for the month of December, 1982 were approved, as follows: General Fund, Flagship Bank of Seminole-DT, Voucher No. 8489 through 8501. Refuse Collection & Disposal Fund Flagship Bank of Seminole, DT 1, Voucher No. 264 and 268. ' Water and Sewer Revenue Fund, Flagship Bank of Seminole DT 1 Voucher No 2097 thru 3002. , , . Policemen's Pension Fund, Flagship Bank of Seminole, DT 1, Voucher No. 599. Firemen's Relief and Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 427. Central Paying Account, Flagship Bank of Seminole, DT 1, Voucher No. 38068 through 38659. 1953 Sinking Fund Reserve, Flagship Bank of Seminole, Voucher No. 59. 482 MINUTES City Commission, Sanford, Florida_ Januar3_10.at 7:00 P. M.. . ]983 Utility Trust Fund, Flagship Bank of Seminole, Voucher No. 89 thru On recommendation of the City Manager, Commissioner Smith moved to 91. authorize public hearings to be held on January 24 and February 14, 1983, to consider the adoption of the Evaluation and Appraisal Report on the Comprehensive Development Plan. Seconded by Commis- sioner Farr and carried. The City Manager submitted a copy of a letter from the City Attorney and an agreement to exchange the old City Shop building on West Sixth Street for a warehouse at the Public Work Complex and reported that the proposed use is for a lumberyard, instead of a firing range, and further, that the legal description has been corrected. On motion of Commissioner Keith, seconded by Commissioner Smith and carried, the Mayo and City Clerk were authorized to execute said agreement. On recommendation of the City Manager, Commissioner Farr moved to authorize the City Manager to inform the state legislature that the city is opposed to proposed legislation to mandate state certification of building inspectors. Seconded by Commissioner Keith and car- , r ied. On recommendation of the City Manager, Commissioner Farr moved to authorize salary r~ classifications as follows: W. C. Gailey, Fire Ava P. nual. Department, from Fire Chief C to D, $31,366.40 annual. Knowles, utility Department, from Administrative Aide D to E, $13,322.40 an- Elwell Ferrell, Jr, Kenneth M. Forsythe, from Heavy Equipment Operator D to E, $15,407.77 annual. from Equipment Operator D to E, $12,828.86 annual. Seconded by Commissioner ,Smith and carried. The City Attorney reported he had researched the question of sale of each living unl~ of a duplex by separate Warranty Deed, and could find nothing in the City Code to prohibit same, and that he had asked for a copy of Orange County's ordinance regarding same. Commis- sioner Smith moved to table consideration of same until meeting of January 24, 1983. Seconded by Commissioner Keith and carried. The City Manager reported that Orange County is holding a tax deed sale for a parcel of property the City foreclosed on in Orange County, which has a federal lien and several othe liens filed against it prior to the Commission took no action. The City Manager reported a small parcel of land at the East City's lien. On recommendation of the City Manager, the the City will ask the state legislature to deed to the City of the Marina area, which will give the City ownership of the property necessary to dredge and extend the seawall Commissioner Farr moved to authorize the cedures for the City Commission to review actions Seconded by Commissioner Smith and carried. for the Marina. City Attorney to prepare proposed appeal of the Planning and Zoning Commission. pro The City Manager reported he has accumulated seven and one-half bonus vacation days, and would like to take them a day at a time, as work permits, and the Commission approved same There being no further business, the meeting was ATTEST: adjourned. MAYOR MINUTEs City Commission, Sanford, Florida ..... Janu~a~rfL 10 ~t 73 Q0 P. M, - -- . 19 83 ITEM -A- N~CICE OF PUBLIc HF~RING OF PROPOSED CHANGEs AND AMENDMENTs IN CERTAIN DISTRICTS AND ~5OUNDARIEs OF THE ZONING ORDINANCE OF HE CITy OF SANFORD FLORIDA. T · Notice is hereby given that a Public Nearing will be held at Conm~ission Room in the City ~all in the City of Sanford, Florida, 7:00 o'clock p. M. on January 10~ 1983, to COnsider changes and ments to the Zoning Ordinance of the City of Sanford, Florida, lows: the at amend- as fol- Sec. shall be amended by the addition of sub-paragraph (7), as (7) Interment of cremains on church property. The Code of the City of Sanford, Florida Appendix A, Zoning Ordinance (Ordinance No. 1097, as Amended) ARTICLE V. USE PROVISIONs 1. SR~/AA Single-Family Residential Dwelling District Paragraph B. Conditional Uses Permitted follows: shall be and (10) Interment of cremains on church property. All parties in interest and citizens shall have to be heard at said hearing. Sec. 8. RC-1 Restricted Commercial District Paragraph B. Conditional Uses Permitted amended by the addition of sub-paragraph (10), as fo/lows: an opportunity C'ml,,fns~,rl ,,£ the C5~¥ of ganford, FT,,T'~r]a. Publish: H. N. Tali~, City Clerk December 21 & 31, 1982. Jr. ITEM -B- Legal Description Parcel #1 All that part of the SE¼ of the SEJ of Section 12, Township 20 South, Range 30 East, Seminole County, Florida, lying Southeasterly of State Road 42?; LESS the North 200 feet thereof; AND ALSO LESS Right-of-Way for Sanford AVenue; AND ALSO LESS the following described parcel: From the Southeast corner of the SE~ of the _ SE~ of said Section 12, run West, along the So'uth line of said Section 12, a distance of 694.50 feet for a POINT OF BEGINNING, thence run S.16o30,W., to a point of the Southeasterly Right-of-Way line of State Road 427, thence run Southwesterly, along said Right-of-Way line, to a point on the West kine of said SE¼ of the SE¼, thence run South to the SW COrner of said SE~ of the SE~; thence run East to the POINT OF ~EOINNING. Said parcel contains 18.000 acres. Parcel #2 From the Southwest COrner of Section 7, Township 20 South, Range 31 East, Seminole Country, F'~orida, run N. 89058,06" East along the South line of said Section 7, 50.00 feet, to the Easterly right-of-way line of Sanford Avenue, thence run 00013'04'' East, along said Easterly right-of-way line, 135.00 feet for a Point of Beginning, thence continue N. 00oi3,04,, East 149.00 feet, thence run S. 89°59,03, East 323.999 feet, thence run S. 00013,04', West 148.731 feet, thence run S. 89°58'06'' West 324.00 feet to the Point of Beginning. MINUTES City Commission, Sanford, Florida .... ja_nua~_10_ at ~: OO P- M. 19 83 ITEM -B-, continued , From the Southwest corner of Section 7, Township 20 South Range 31 East, Seminole County, Florida, run N. 89°58'06'' East, along the South line of said Secti~rl 7, 50.00 feet for a Point of Beginning, said point also De!ng on the Easterly right-of-way of Sanford Avenue, thence run N. 00°13'04" East 135.00 feet, thence run N. 89°58'06'' East 324.00 feet, thence run S. 00°13'0&'' West 135.00 feet to the South line of said SectiOn 7, thence run S. 89°58'06'' West, along said ~%outh line of Section 7, 324.00 feet to the Point of Beginn}ng, LESS the South 25 feet thereof for road right-Of-WaY- BEGINNING at the SE corner to thc Plat thereof as reaorded of ABC INDUSTRIAL SITE, according in PIat Book 19, Page 8~ of the public Records of Selil~nole County, Florida, run N-O°13'O4''E'' along, the East I.~ne of saLd ABC INgusFRIAL S~'FE, a distance of 258.73 feet, thence run N.89°59'03''E'' parallel with the North I.:.ne 0f said SWi/4 of the SWI/4, a distance of 847.2 fee,t, thence run S.00o13,04,,W. , 2~ a.50 feet to a Point 25 feet Nor'tL of the South Line or' ::aid '.?,,I' /~ of thc F. WL/4, thence run S.8g°58'06''W'' 8a7.2 [eel Lo the POINT OW BEGINNING- ITEM -C- MEMORANDUM DATE: TO: FROM: SUBJECT: Jan. 7, 1983 City Clerk .Zoning Inspector Planning & Zoning Meeting of Jan. 6, 1983 RECOMlVtENDATIONS 1. Recommend rezoning from RC-1 to GC-2, the property located at 1501 S. French Ave. (The old Colonial Service Station) Rep.-William Hicks. 2. Reconnmend rezoning from MR-2 to GC-2, the propufty located at 412 E. 9th St. (The non-conforming use of a beauty shop was located here for several years) Rep.-Lawrence prince. 3. Reconunend denial of a Conditional Use for the sale of alcoholic beverages for consmnption on the oremises, to be located at 203 Magnolia Ave. in the SC-3 zoned district. ]The old Ritz ~leater) The planned use will be a cinema pub, serving Mexican food.' The P & Z Con~ission denied the request due to opposition from surrounding businesses ~d possible parking problems associated with this type of use. Rep.- Charles williams. 4. Recommend a change and amendment to the Sanford City code and Zoning Ordinance, Appendix A, Article V, Sec. I. SR-1AA, Single-Family Residential Dwelling District, Paragraph B. Conditional Use permitted, and amending Article V, Sec. 8, RC-1, Restricted Conunercial District, paragraph B, Conditional Use pe~tted, as follows: "interment of cremains on church property" MINUTES City Commission, Sanford, Florida January 10 at 7:00 P. M. 485 _19 8~3 ITEM -D- NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY 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 7:00 o'clock p. M. on January 10, ]983, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: RDINANcE NO. 1620 A copy shall be available at the Office of the City Clerk persons desiring to exam/ne the same. for all Ali parties in interest to be heard at said hearing. By order of the and citizens shall have an opportunity City Co~is.sion of the City of Sanford, Florida. Publish: H. N. Tarmn, City Clerk Jr. December 16, 23 & 30, 1982 and January 6, 1983. 486 MINUTES City Commission, Sanford, Florida January 10 at 7:00 P. M. _xo 8_3 _ ITEM -E- NOTICE OF A PUB],IC H.iARING TO CONSJDER TUE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORI), FLORIDA. Notice is hereby given that a P~d,]ic Uearing will be held at the ColmnJssr¢~n Room in the Ci. Cy Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on January ]0, ]983, to consider the adoption of an ordi..;~nce by the City of Sanford, Florida, tJt].e of which is as fol~ ows: ORDINANCE NO. ].622 AN ORDINANCE OF 'FILE CITY OP SANFORD, FLORIDA, AMENDJNG APPENDIX A, AR'I ICLE V, StlC. 9 (Bi OF TltI£ SANFORD CITY COl)E, SAID ANENDMENT SHALL BE ']'UE ADDITION OF SUB--I%KAGRAPH (10), SAID SUB-PARAGRAPH PROVIDING FOR ENCLOSED FIRING FG~NGI,], SUBJECT TO AD]£QtFCi'E SAFEGUARDS AND REGULATIONS; PROVIDING f'O}< SEvERABILITY, CON- FLIC'i'S, AND EI-i,'ECTiVE I~A'['E. A copy shall be available at tl,e Office oF Lhe City Clerk for A]I partJes in interest and citiz~-ms shall ]nave an opportunity to be ]}(.ard at said hearing. By ~>rder of the CJty Commissior~ of the City of Sanford, Florida. I1. N. Ta[mn, (!il.),, C]erk l'ub]ish: December 31, ]982.