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021483-Regular Session MINUTES City Commission, Sanford, Florida February_14 at 7:00 P. M. 198~ The City Commission of the City of Sanford, City Hall in the City of Sanford, Present: Herald on Florida, met in Regular Session Florida, at 7:00 o'clock p. M. on February 14, 1983. Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner David T. Farr Commissioner Edwin O. Keith City Attorney William L. Colbert City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. A public hearing was held in accordance with notice published in February 7, 1983, as follows: the Evening 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 February 14, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1624 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING APPENDIX A, ARTICLE V, SEC. 1 (B) AND SEC. 8 (B) OF THE SANFORD CITY CODE, SAID AMEND- MENT SHALL BE BY THE ADDITION OF SEC. 1 (B) SUB- PARAGRAPH (7) AND SEC. 8 (B) SUB-PARAGRAPH (10), SAID SUB-SECTIONS PROVIDING FOR THE INTERMENT OF CREMAINS ON CHURCH PROPERTY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. 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. in the H. N. Tamm, Jr. City Clerk Publish: February 7, 1983. Ordinance No. 1624, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING APPENDIX A, ARTICLE V, SEC. 1 (B) AND SEC. 8 (B) OF THE SANFORD CITY CODE, SAID AMEND- MENT SHALL BE BY THE ADDITION OF SEC. 1 (B) SUB- PARAGRAPH (7) AND SEC. 8 (B) SUB-PARAGRAPH (10), SAID SUB-SECTIONS PROVIDING FOR THE INTERMENT OF CREMAINS ON CHURCH PROPERTY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of January 24, 1983, was next placed on final 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 the ordinance. Father Leroy D. Soper appeared to support the ordinance. Commissioner Smith moved on the passage and adoption of Ordinance No. 1624. Seconded by Commissioner Yancey and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1624, entitled: 500 MINUTES February 14 at 7:00 P.M. Ii) 83 City Commission, Sanfm'd, Florida ........ AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING APPENDIX A, ARTICLE V, SEC. 1 (B) AND SEC. 8 (B) OF THE SANFORD CITY CODE, SAID AMEND- MENT SHALL BE BY THE ADDITION OF SEC. 1 (B) SUB- PARAGRAPH (7) AND SEC. 8 (B) SUB-PARAGRAPH (10), SAID SUB-SECTIONS PROVIDING FOR THE INTERMENT OF CREMAINS ON CHURCH PROPERTY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. A public hearing was held in accordance with notice published in Herald on January 14 and February 4, 1983, as follows: NOTICE OF PUBLIC HEARING the 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 24, 1983 and on February 14, 1983, to consider the adoption of an Evaluation and Appraisal Re- port on the City of Sanford Comprehensive Development Plan, as Amended. 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. Evening H. N. Tamm, Jr. City Clerk Publish: January 14 and February 4, 1983. The Chairman announced that the Commission would hear from those persons present to speak in favor o~, or in opposition to, the adoption of the report. No one appeared. Commission Keith moved on the adoption of the City of Sanford Comprehensive Development Plan, Yancey and carried. the Evaluation and Appraisal Report on as Amended. Seconded by Commissioner The next item of business was the discussion of property in the Lake Monroe Indus- trial Park, formerly owned by the City. E. K. van den Berg, Attorney, appeared to represent Robert G. Feather. He reported that Mr. Feather received from the State of Florida Depart- ment of Health and Rehabilitative Services, Certificate of Need Number 2402. After further discussion of items requested at meeting of January 24, 1983, Commissioner Yancey moved to table consideration of same until special meeting of February 21, 1983 at 11:00 A. M. Seconded by Commissioner Smith and carried. Recommendations dated February 4, 1983 submitted from thc Planning and Zoning Commission as follows: MEMORANDUM DATE: Feb. 4, 1983 TO: City Clerk FROM: Zoning Inspector SUBJECT: Planning & Zoning Meeting of Feb. 3, 1983 RECOMMENDATIONS 1. Recommend rezoning from AD to MR-i, the property located north of Airport Blvd. and directly across from Live Oak Blvd. (Property recently annexed into the City of Sanford) Rep. Pat VanDerveer for Ed Franklin. 2. Recommend that a Public Hearing be held to consider rezoning Lot 4, Orange Heights from RC-1 to GC-2. The Public Hearing will be held on March 3, 1983 along with another rezoning hearing to be held on that day. The City Clerk reported that Item No. 1 has been advertised for public hearing on February 28, 1983, and Item No. 2 will be advertised for public hearing on March 14, 1983. Memo dated January 31, 1983, submitted from the Building Official to the City 501 MINUTES City Commission, Sanford, Florida Februar~f 14 at 7: 00 P. M. .19 83 Clerk, recommending the re-appointment of Leroy Johnson to the Minimum Housing Code Board of Adjustments and Appeals for a term of two years. Commissioner Yancey moved to re-appoint Mr. Johnson to the Minimum Housing Code Board of Adjustment and Appeals, Seconded by Commissioner Smith and carried. On motion of Commissioner Ordinance No. 1625, entitled: was introduced, Requests Group No. 66 68 70 Keith, seconded by Commissiner Farr and carried, AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN FRENCH AVENUE AND LAUREL AVENUE AND BETWEEN 15TH STREET AND 16TH STREET EXTENDED WESTERLY FROM RC-1 (RESTRICTED COMMERCIAL) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. placed on first reading and read in full. submitted for time extensions on condemnations as follows: Report No. Address Owner 81-1003 1201 W llth St Richard Handy 82-1033 1208 Myrtle Ave James Fuller 82-1062 1410 Williams Ave Nina Jones City Manager recommends 90 days extension to finish. Recommended by the City Manager. Min Housing Code Insp Recommends FINAL 90 days* FINAL 90 days 90 days Commissioner Yancey moved to authorize same, in accordance with the City Manager's recommendations. Seconded by Commissioner Smith and carried. Request submitted from E. I. Choc, lying West of Airport Boulevard and between described as follows: The South 12.8 chains of the Southwest 1/4 of the Southeast 1/4 (less that part in NEW UPSALA SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1, Page 67, Public Records of Seminole County, Florida, and Less that part North of Country Club Road and South of Lot 61, M. M. SMITH'S SECOND SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1, Page 100, Public Records of Seminole County, Florida) in Section 34, Township 19 South, Range 30 East, Seminole County, Florida. Commissioner Keith moved to authorize the City Attorney to prepare the proper ordinance to annex said property. Seconded by Commissioner Yancey and carried over the dissenting vote of Commissioner Farr. On motion of Commissioner Farr, seconded by Commissioner Yancey and carried, Minutes of January 24, 1983 were approved. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Vouchers for the month of January, 1983, were approved, as follows: General Fund, Flagship Bank of Seminole, Voucher No. 8502 through 8516. Refuse Collection and Disposal Fund, Flagship Bank of Seminole, Voucher No. 269 through 272. Water and Sewer Revenue Fund, Flagship Bank of Seminole, Voucher No. 3003 through 3007. Policemen's Pension Fund, Flagship Firemen's Relief and Pension Fund, 429. for annexation of a portion of the property Country Club Road and West 25th Street, further Bank of Seminole, Voucher No. 600 and 601. Flagship Bank of Seminole, Voucher No. 428 and MINUTES City Commission, Sanford, Florida February _14 at 7:00.P.M. ]983 Central Paying Account, Flagship Bank of Seminole, Voucher No. 38660 through 39055. Utility Trust Fund, Flagship Bank of Seminole, Voucher No. 92. Board of Bond Trustees Debt Service, Atlantic National Bank of Florida, Voucher No. 1 Revenue Sharing, Flagship of Seminole, Voucher No. 204. Renewal & Replacement, Flagship of Seminole, Voucher No. 219. The Mayor reported he will be unable to attend a meeting of the East Central Florida Regional Planning Council Metropolitan Planning Organization on February 24, 1983 at the Orlando City Hall. Commissioner Yancey moved to appoint Commissioner Smith to attend said meeting as the Mayor's representative. Seconded by Commissioner Farr and carried. The City Clerk submitted information that the Auditors, Hartsock and Hartsock, C.P.A., have reported that the audit will be completed by the The Commission authorized to hold a special meeting February cuss said audit. The City Manager reported Mr. Robert Lee, Street, will be present at the meeting of February printers on February 21, 1983. 22, 1983 at. 12:00 Noon to dis- owner of property at 819 West Third 28, 1983 to answer questions regarding the 90 day time extension granted on December 27, 1982 on said property. The City Manager reported that John Root has enlarged the waiting area, removed old cars, and obtained a City occupational license for the Trailways Bus Depot at the south- east corner of French Avenue and 10th Street, but he has not paved the parking/loading/un- loading area. Commissioner Farr moved to authorize an additional 30 days extension for Mr. Root to have the paving done, as long as the parkway is being used for the bus ramp. Secon- ded by Commissioner Smith and carried. On recommendation of the City Manager, uncollectable accounts receivable as NAME VOUCHER Richard Enos 3029 Gracey Const. 2962 Rosie Smith 2468 Jeffery Anderson 2966 Robert Bunting 3053 Commissioner Yancey moved to write-off follows: DATE AMOUNT 2/22/82 $ 999.31 5/18/81 139.83 8/23/77 247.96 5/29/81 28.11 6/4/82 2,153.64 George Crow 2715 6/7/79 488.44 8/5/81 102.00 4/10/81 3,703.15 9/11/79 100.00 Mary Hickmon 2981 Gilbert Morris 2944 Phyllis Reynolds 2746 2346 7/19/76 293.02 David Williams TOTAL $8,255.46 Seconded by Commissioner Farr and carried. EXPLANATION Hydrant Broke water line Hydrant Repair curb Replace pole moved - no address street light moved to Texas Address unknows repair #525 unknown replace pole unable to locate repair #521 Moved out of state Address unknown Repair #540 Moved in 1976 Address unknown On recommendation of the City Manager, Commissioner Yancey moved to authorize Sanford County Ducks Unlimited Club to use the Civic Center, with alcoholic beverages on MINUTES City Commission, Sanford, lomda F ' Februar7 14 at 7:00 P~ M. .19 63 March 24, 1983, after payment of proper fee. Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Yancey moved to authorize Jack Kaplan, owner of Weiners on Wheels to locate his portable stand at the Cargo station at 2623 Orlando Drive, and to waive the two-hour moving requirement at that location. Seconded by Commissioner Keith and carried. Due to lower cost of fuel, and on recommendation of the City Manager, Commissioner Farr moved to authorize transfers from gasoline and accounts in total amounts as follows: General Government Fund Refuse Fund Utility Fund Seconded by Commissioner Keith and carried. On recommendation of the City Manager, reclassifications as follows: lubricant budget accounts to contingency $50,459.00 15,976.00 11,594.00 Commissioner Farr moved to authorize salary Johnny Miller, Public Works Department, Refuse Division, E to F, $14,135.80 annual. from Packer Loader/Driver Larry Helman, Fire Department, from Lieutenant E to F, $23,806.12 annual. Gretchen Mason, Finance Department, from Account Clerk I C to D, $11,851.95 annual. Hoke S. Hinson, Utility Department, Water Distribution, from Auto Mechanic C to $14,771.79 annual. Seconded by Commissioner Yancey and carried. W. E. Ellenburg, Fire Department, from Senior Firefighter D to E, $20,330.94 annual. on private landfill operations The City Manager submitted a draft of criteria for land as follows: (1) The filling of land with organic materials such as muck, stumps, logs, trees, wood rubble, built-up roofing materials, shingles, furniture, trash, leaves, yard trimmings, paper or garbage shall be prohibited. Inorganic materials such as soil, gravel, bricks, boulders, inorganic rubble of concrete, cement blocks, bricks, steel and/or wire mesh may be used to fill land. (2) During filling operations there shall be an effective barrier to prevent unauthorized entry into the fill area and to also prevent open viewing by the public. (3) Under no circumstances shall any fill materials be placed on land that retains water. Fill materials shall not be deposited in such a manner so as to obstruct or impair natural drainage from adjacent properties. (4) If any duly authorized representative of the City finds that any of the aforementioned provisions have been violated, or if the City determines that a public nuisance or condition adversely affecting the public health, safety and welfare exists as a result of a landfill operation, said landfill owner shall immediately cease operation and the property owner shall be notified and held responsible for restoring the land to an acceptable condition as may be prescribed by the D# /504 MINUTES City Commission, Sanford, Florida _February 1~4~ at 7: 00 P. M. ]9 8--3 City. Failure to do so will be cause for the owner to be held in violation of this law. (5) All landfill operations shall be in compliance with all other municipal, county, state and federal regulations which include, and are not limited to the Florida Air & Water Pollution Control Act, the'Florida Safe Drinking Water Act, and standards adopted thereunder. (6) Governmental entities, their employees and agents,' when properly permitted by necessary regulating authorities, and when opera- ting a landfill for the express purpose of serving the public during the course of a governmental service, are exempt from the provisions of this section. All governmental landfill operations shall be in compliance with other municipal, county, state and federal regulations pertaining to landfill operations. (7) Existing landfills within the City shall have 120 days from the adoption of this ordinance to comply with the provisions contained herein. Commissioner Smith moved to authorize the City Attorney to prepare the proper ordinance to adopt same. Seconded by Commissioner Keith and carried. The City Manager submitted a letter from Sandra S. Glenn, Chairman, Board of Coun- ty Commissioners of Seminole County, notifying the City that the County has elected to exer- cise the option to purchase the "City of Sanford Municipal Library" property as set forth in the Library Agreement between the City of Sanford and Seminole County, dated May 6, 1980. Said property being located at the Northwest corner of the intersection of Palmetto Avenue and First Street. The Commission authorized to discuss same at meeting of February 28, 1983, after review by the City Attorney. On recommendation of the City Manger, Commissioner Yancey moved to join the state's SUNCOM telephone network, authorize the City Manager to execute the agreement, and authorize the telephone company to install the necessary equipment at an estimated cost of $485.00 for same. Seconded by Commissioner Smith and carried. The City Manager reported that utility plants has requested a portable mosquito fogger for use at the plant facilities, at a cost of $1,531.63. Commissioner Farr moved to authorize purchase of same. Seconded by Commissioner Keith and carried. Request submitted for a three month time extension on Condemnation Report No. 82- 1015, 1120 Pecan Avenue, from Greg Hughes, owner. On recommendation of the Minimum Housing Code Inspector and the City Manager, Commissioner Smith moved to authorize a 90 day time extension. Seconded by Commissioner Yancey and carried. The Commission authorized the City Manager to reply to a letter of inquiry from Senator Toni Jennings, on the city's general opinion of the St. Johns Water Management District Board, that the City has found the board to be professional, and has no problem with it. Commissioner Keith moved to authorize the City Attorney to prepare a resolution and authorize the Mayor and City Clerk to execute same, supporting the request of Altamonte Springs to the State of Florida Department of Transportation to provide for night-time construction in widening SR 436. Seconded by Commissioner Yancey and carried. MINUTES City Commission, Sanford, Florida_ __ F~bruary 14 at 7:00 P.M. 19 ~ 5O5 Commissioner Smith moved to authorize salary reclassification for William Flowers, Utility Department, Plants Division, from Plant Operator/mechanic D to E, $16,162.99 annual. Seconded by Commissioner Yancey and carried. The City Manager reported that the City Commission had previously approved to up- grade all officers firearms to Model 686, in amount of $80.00 each, but this did not work out, and the cash difference is $115.21 each for 46 weapons. On recommendation of the City Manager, Commissioner Farr moved to amend previous action to authorize a transfer in total amount of $5,300.00 from confiscated account, and to purchase said weapons immediately. Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Keith moved to authorize transfer in amount of $3,050.00 from contingency, for up to eight training films for the police department. Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Yancey moved to authorize payment of the City Attorney's statement for Jangary, 1983, in amount of $1,131.23. Seconded by Commissioner Smith and carried. The Commission authorized the City Attorney to prepare a resolution supporting the re-establishment of an Auto Train terminal in Sanford. The City Attorney reported that Staff had reviewed a proposed ordinance to provide for appeals on actions of the Planning and Zoning Commission, and that he had made changes recommended by Staff. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried, Ordinance No. 1626, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ARTICLE II, sEcTION 12 OF THE ZONING ORDINANCE ESTABLISHING AN ADDITIONAL SECTION ENTITLED 12-lb, PROVIDING A MANNER OF HEARING APPEALS, OF DECISIONS, FINDING, AND RECOMMENDA- TIONS OF THE PLANNING AND ZONING COMMISSION CONCERNING APPLICATIONS FOR A CONDITIONAL USE, PROVIDING FOR A PUBLIC HEARING AFTER NOTICE HAS BEEN GIVEN AND WITHIN 30 DAYS OF AN APPEAL BEING FILED; SEVERABILITY, CONFLICTS AND EF- FECTIVE DATE. was introduced and placed on first reading and read in full. Mayor Moore appointed Commissioner Keith as Acting Mayor during his absence from the City for period of February 15 through 18, 1983. There being no further business, ATTEST: the meeting was adjo~~~ MAYOR