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062783-Regular Session6i 0 MINUTES City Commission, Sanford, Florida June 2_7 at 7:00 P.M. 19 83 City Hall The City Commission of the City of Sanford, Florida, met in Regular Session in in the City of Sanford, Florida, at 7:00 o'clock P. M. on June 27, 1983. Present: Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner Edwin O. Keith Commissioner David T. Farr 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 the Evening Herald on June 10, 1983, as follows: NOTICE OF PROCEEDING FOR VACATING AND ABANDONING A PORTION OF A STREET. TO WHOM IT MAY CONCERN: You will take notice that the City Commission of the City of Sanford, Florida, at 7:00 o'clock P. M. on June 27, 1983, in the City Commission Room at the City Hall in the City of Sanford, Florida, will consider and determine whether or not the City will close, vacate and abandon any right of the City and the public in and to a portion of Lake Minnie Drive lying West of Highway 17-92 and South of Lake Mary Boulevard, further described as follows: That portion of Lake Minnie Drive lying between Lots 5 through 12, Lake Minnie Estates, Plat Book 6, Page 92. Persons interested may appear and be heard at the time and place specified. City Commission of the City of Sanford, Florida the By: H. N. Tamm, Jr. City Clerk Publish: June 10, 1983. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed street closing. No one appeared. The City Clerk reported that notice was sent to the abutting property owner, on June 8, 1983. ordinance carried. Commissioner Farr moved to authorize the to close, vacate and abandon said street. City Attorney to prepare the proper Seconded by Commissioner Yancey and On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Ordinance No. 1646, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF LAKE MINNIE DRIVE LYING WEST OF HIGHWAY 17-92 AND SOUTH OF LAKE MARY BOULEVARD; PRO- VIDING FOR SEVERABILITY, CONFLICTS, AND EF- FECTIVE DATE. was introduced and placed on first reading and read in full. A public hearing was held in accordance with notice published in the Evening Herald on June 7 and 17, 1983, as follows: NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE 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 7:00 o'clock P. M. on June 27, 1983, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: MINUTES City Commission, Sanford, Florida 6.11 June 27 at 7:00 P. M. 19 83 Sec. Appendix A, Zoning Ordinance (Ordinance No. 1097, as Amended) ARTICLE V. USE PROVISIONS 10. SC-3 Special Commercial District. Paragraph E. Off-Street Parking, shall be amended to read as follows: E. Off-Street Parking. Required off-street parking spaces shall be provided as set forth in Article VI hereof, except that no off-street parking shall be required for commercial uses with 1,000 square feet or less sales area located within 800 feet of a city-owned parking lot. 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. H. N. Tamm, Jr. City Clerk Publish: June 7 and 17, 1983, The Chairman announced that the Commission would hear from those persons present ~!t° speak in favor of, or in opposition to, the proposed amendment. No one appeared. Commissioner Yancey moved to authorize the City Attorney to prepare the proper iordinance for same. Seconded by Commissioner Keith and carried. On motion of Commissioner Smith, seconded by Commissioner Keith and carried, I!Ordinance No. 1647, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING APPENDIX A, ARTICLE V, SECTION 10 (E) OFF-STREET PARKING, OF THE SANFORD CITY CODE. PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. Request submitted from Flora C. Buzlea to reconsider sale of alcoholic beverages for consumption on the premises at 119 South Magnolia Avenue, which was previously !considered at the meeting of June 13, 1983. The Chairman announced that the Commission would hear from those persons present ire speak in favor of, or in opposition to, said sale of alcoholic beverages. Flora Buzlea, 11460 East Colonial Drive, Orlando, Florida, appeared to support the irequest, and reported she and her husband want to open a supper club in the building, with ood food and good entertainment. The City Attorney reported that the request would not conflict with the City Code. On recommendation of the Planning and Zoning Commission, Commissioner Yancey moved authorize sale of alcoholic beverages for consumption on the premises at 119 South iMagnolia Avenue. Seconded by Commissioner Farr and carried over dissenting votes of Commissioner Smith and Commissioner Keith. Recommendation dated June 24, 1983 submitted from the Planning and Zoning iCommission as follows: CORRECTED MEMO MEMORANDUM DATE: TO: June 24, 1983 City Clerk 612 MINUTES City Commission, Sanford, Florida June 27 at 7:00 P. M. 19 g_3_ RECOMMENDATIONS Recommend approval of a Conditional Use for the sale of beer and wine for consumption on the premises to be located at 2400 French Ave. in the GC-2 zoned district on the stip- ulation that a site plan with paved parking and drainage is approved by the City Engineer and is brought back to P & Z Commission at the next scheduled meeting. Rep. Raymond Gazil. Note: Meeting of June 16, 1983 - Site plan approved for Pizza Restaurant at 2400 French Ave. for Mike Basila, represented by Raymond Gazil. Frank Beaudoin, 1829 Landing Drive, Sanford, Florida, appeared to support the request for sale of beer and wine for consumption on the premises at 2400 French Avenue, and reported he will be the manager of the pizzaria which they plan to open there. The City Manager reported that all aspects of the site plan have been approved. On recommendation of the Planning and Zoning Commission, Commissioner Yancey moved to approve sale of beer and wine for consumption on the premises at 2400 French Avenue. Seconded by Commissioner Farr and carried. Request submitted from Jack Kaplan, Weiners On Wheels, to waive the two hour moving requirement for a mobile concession stand at 2493 French Avenue. Commissioner Keith moved to waive said requirement. Seconded by Commissioner Yancey and carried. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried, consideration of a request to take over and operate the municipal cemetery on a private ownership basis was removed from table. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to the request. Albert Isaacs, President, Oaklawn Memorial Park, appeared to support their request, and introduced others with him, as follows: Barry Ross, Park Director Keith Jollie Frank Randolph, Design Consultant He reported they want to buy the business and take over the ownership and management of the cemeteries. Frank Randolph and Keith Jollie appeared to support the request. Pat Baxley, owner of property at 1901 Country Club Road, appeared and reported she is in favor of seeing the cemetery upgraded, and that Oaklawn looks good. Videl Jones, 327 West Ninth Street, Sanford, Florida, appeared and reported he is opposed to the City selling the cemeteries, but if it does, to get the best offer, and make sure the driveways and walkways are not closed and used for grave spaces. Glen McCall, Rt. 1, Box 175 A, Sanford, Florida, appeared and reported he will want ~n oDDortunitv to bid for the purchase of the cemeteries, if the City decides to sell 613 MINUTES City Commission, Sanford, Florida June 27 at 7:00 P.M. 19 83 MIDSTATE LEGAL SUPPLY COMPANY them. consider selling them at this time. Seconded by dissenting vote of Commissioner Farr. Memo submitted from the Recreation and appointment of A. B. Peterson, Jr., to the Board Commissioner Smith moved to continue operating the cemeteries "as is" and not Commissioner Yancey and carried over Parks Director, recommending the of Trustees of the Henry Sanford Library- to Museum, to replace Mrs. Martha Fox. Commissioner Yancey moved to authorize said appointment. Seconded by Commissioner Smith and carried. Requests submitted for time extensions GROUP REPORT NO. NO. ADDRESS 71 82-1068 917 Locust Ave 71 82-1071 613 Pine Ave on condemnations as OWNER Charles Roberts Mary Daniels follows: MIN HOUSING CODE INSP RECOMMENDS 60 days 90 days City Manager recommends 90 day extensions. On recommendation of the City Manager, Commissioner Yancey moved to authorize same. Seconded by Commissioner Keith and carried. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried, Minutes of June 13, 1983, were approved. Commissioner Yancey moved to remove from table, consideration of a proposed schedule to increase refuse collection rates. Seconded by Commissioner Smith and carried. After discussion, Commission Smith moved to authorize the City Attorney to prepare the proper ordinance for same. Seconded by Commissioner Keith and carried. On motion of Commissioner Yancey, seconded by Commissioner Keith and carried, Ordinance No. 1648, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER ll, ARTICLE 1, SECTION 11-12 (a)(b)(c)(d), OF THE SANFORD CITY CODE, SAID AMENDMENT INCREASING THE REFUSE RATE FOR EACH SINGLE-FAMILY RESIDENCE, FOR ANY MULTIPLE- RESIDENTIAL USE, AND FOR EACH BUSINESS OCCUPANCY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. The City Manager reported that the contract with Future Property Services for maintenance of the municipal cemeteries is due for renewal July 1, 1983 in the amount of $36,000.00 per year. Commissioner Yancey moved to authorize the Mayor and City Clerk to execute same. Seconded by Commissioner Farr and carried. The City Manager reported that Tom McDonald has deeded to the City an elevated water tank site as follows: The Easterly 100 feet of the Westerly 1,320 feet of the Northerly 100 feet of the SW 1/4 of the SE 1/4 of Section 7, Township 20 South, Range 31 East, Seminole County, Florida. and recommended the City enter into an agreement with Thomas S. McDonald, Trustee, whereby the City will construct, at City expense, an eight inch or larger water line from the existing City line easterly to said elevated storage tank, and the City will extend a six inch sewer force main at a cost of $5,756.14, :Trustee. Commissioner Keith moved to accept Clerk to execute the agreement, Commissioner Smith and carried. which will be paid for by Thomas S. McDonald, the deed and to authorize the Mayor and City and to authorize transfer to provide for same. Seconded by 614 MINUTES City Commission, Sanford, Florida June 27 at 7:00 P. M. _19 83 The City Manager submitted a report on Utility Connection, Development or Impact Fees. The Commission authorized the City Manager to continue the survey, to consider increasing Sanford's fee to provide revenue for capital improvements to the utility system. The City Manager reported the Indian Mound Water Association has notified the City, in writing, that they are undertaking meetings to obtain another water supply, and further, that Lake Mary has inquired about adding more water customers, and has made no real effort to resolve their water supply problem. After discussion, Commissioner Farr moved to notify each of the contract water service users that each contract user shall be allowed to increase their number of water connections on July 1, 1983 by a total amount of ten (10) percent; but no more than that. Seconded by Commissioner Smith and carried. The City Manager submitted a letter dated June 3, 1983, from County Administrator T. Duncan Rose, III, to Mayor Moore, and received on June 22, 1983, as follows: COUNTY OF SE IINOLE FLORIDA June 3, 1983 Mayor Lee P. Moore City of Sanford P, O. Box 1778 Sanford, FL 32771 Dear Mayor Moore: At the June 3 CALNO meeting, the representatives from several cities requested the county reduce its concept for the local option gas tax to writing. The following summarizes the County Administrator's proposal: The County Commission would consider levying the full four (4) .cents authorized by law. - Three cents would be allocated to the county to be applied to solving capacit~ problems on county collector or arterial roads. The specific projects would be itemized in the interlocal agreement prior to execution. The "critical segments" list would comprise a starting point for prioritization. The separate cities, via CALNO, if desired, would contribute to the prioritizatIon of the various projects. The county, of course, would have to make the final decision, such decision being then extended to the cities for approval or rejection in the interlocat agreement. - The lnterlocal agreement would bind to the extent of current law all parties to the agreement, but could be changed by a "mutual consent" clause of some type. One of the four cents would be reserved to the cities to be allocated among the cities on a basis to be determined by CALNO. No "strings" would be attached by the County to ~he use of the dollars by the cities. - Each city endorsing the interlocal agreement would need to adopt a resolution or ordinance as appropriate, clearly indicating that City Commission's support of the full four cent levy. The County Commission would weigh the decision to proceed to levy based upon the number of cities submitting the resolution of support. 615 MINUTES City Commission, Sanforfl, Florida June 27 at 7:00 P. M. 19 83 -2- The County Commlssion as a body has not endorsed any plan at this time. Thisspecific proposal discussion, is intended solely to provide a starting point for I or the BCC welcome your thoughts, comments, or questions. Time Js short; for all parties to proceed within the statutory time frame, I need written acceptance or rejection of this concept by each city no later than IO June by 5 p.m. Thank you for your continued interest. Enclosed for your information is the Sanford resolution supporting a different three cent concept. Sincerely, BOARD OF COUNTY COMMISSIONERS T. Duncan Rose, III County Administrator TDR:Jsm' Enclosure Farr Commissioner Yancey moved to adopt Resolution No. 1356. Seconded by Commissioner and carried. Said resolution being in words and figures as follows: RESOLUTION NO. 1356 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, RESCINDING RESOLUTION NO. 1345, SAID RESOLUTION ENDORSING THE RECOMMENDATION OF THE CHAIRMAN OF THE SEMINOLE COUNTY COMMISSION FOR A 3¢ LOCAL OPTION GAS TAX. April 11, WHEREAS, Resolution No. 1345, passed and adopted 1983, endorsed the recommendation of the Chairman of the Seminole County Commission for a 3¢ local option gas tax; and WHEREAS, in the interim the County has not come forward with a specific proposal. OF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF SANFORD, FLORIDA, that the City Commission of the City of Sanford, Florida rescinds Resolution No. 1345, )assed and adopted April 11, 1983, and it shall ~be of no further force or effect. BE IT FURTHER RESOLVED that copies of this Resolution be presented to the Seminole County Commissioners, and that a copy of same be entered in the minutes of the pro- ceedings of the City Commission of the City of Sanford, Florida. 616 MINUTES City Commission, Sanford, Florida June 27 at 7:60 P. M. 19 _83 A.D., 1983. TltlS RESOLUTION adopted this 27th day of June MAYOR ATTEST C ~tlf~CLERK~J The City Manager reported that the operators of the Holiday Inn stated sometimes receptions and other gatherings are scheduled on Sunday mornings, and requested the Commission to consider amending the Sanford City Code to permit sale of alcoholic beverages earlier on Sundays. Commissioner Smith moved to deny the request. Seconded by Commissioner Yancey and carried. The City Manager reported that the Engineering Division is operating without a full time City Engineer and that has required the engineering personnel to do more work and in greater detail than normal, and recommended that during this time salary increases be authorized as follows: Engineering Technician $150.00 per month Engineering Drafter $115.00 per month Further, funds are available from the engineering salary account since no City Engineer's salary is being paid. Commissioner Fart moved to authorize same. Seconded by Commissioner Smith and carried. The City Manager reported the City is applying to the Bureau of State Land Management for an easement for access, dredging, maintenance and management of a portion of the bottom of Lake Monroe on the East side of the City marina. The Commission authorized to meet in the City Manager's Conference Room on July 12, 13 and 14, 1983 at 4:00 P. M. to consider the City Manager's proposed 1983-84 budget. On recommendation of the City Manager, Commissioner Smith moved to authorize salary reclassifications as follows: Frank Hilton, Utility Department, from Water Division Maintenance Worker II C to D, $12,447.69 annual. Mark Yarbrough, Police Department, from Police Officer C to D, $17,279.94 annual. Guy Brewster, Police Department, from Police Officer C to D, $17,279.94 annual. Seconded by Commissioner Yancey and carried. The City Manager reported that the Finance Director's city car #305, a 1976 Dodge, was totalled while parked. The City has received a claim in amount of $1,050.00 from our insurance company, and recommended purchase of a replacement vehicle under state bid from Regency Dodge Inc., Jacksonville. Commissioner Smith moved to authorize same, and transfer in amount of $6,849.00 from Contingency for same. Seconded by Commissioner Yancey and carried. Commissioner Yancey reported that the merchants on First Street, between Avenue and the First Federal Building have asked that the City change the diagonal to angle parking. Commissioner Yancey moved to authorize same. Park parking The motion died for lack of MINUTES City Commission, Sanford, Florida June 27 at 7:00 P. M. 19 83 617 Commissioner Farr reported that a property owner on Oak Avenue has asked if the City would consider selling the Cultural Arts building. The City Manager reported the building is being used, and the Commission authorized the City Manager to check into whether the activities could be moved to some other city building. The City Manager reported that Robert G. Feather had submitted a check in the amount of $54,500.00 in accordance with the Extension Agreement dated March 25, 1983 for purchase of City property, recorded in ORB 1401, page 1175. The City Attorney submitted an agreement to release the reverter clause in said agreement. The Commission authorized the Mayor and City Clerk to execute same, on property as follows: Lots 5, 6, 7, (LESS the Westerly 84.06 feet of said Lot 7) and 11, LAKE MONROE INDUSTRIAL PARK, according to the Plat thereof as recorded in Plat Book 14, Page 20, Public Records of Seminole County, Florida; Lots 3, 4 and 8 (LESS the Westerly 209.06 feet of said Lot 8), LAKE MONROE INDUSTRIAL PARK, amended replat according to Plat Book 14, Page 78 of the Public Records of Seminole County, Florida; and also that abandoned portion of MAPLE CONCOURSE as set forth in OR Book 977, Page 418, Public Records of Seminole County, Florida. There being no further business, the meeting was adjourned. MAYOR TTEST: 618 MINUTES City Commission, Sanford, Florida City Hall The City Commission of the City of Sanford, in the City of Sanford, Present: Florida, met Absent: in Regular Session in the Florida, at 7:00 o'clock p. M. on July 11, 1983. Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner David T. Fart Acting City Attorney Frank L. Whigham City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. Commissioner Edwin O. Keith City Attorney William L. Colbert The meeting was called to order by the Chairman. Requests submitted for time extensions on condemnations as GROUP REPORT NO. NO. follows: ADDRESS OWNER MIN HOUSING CODE INSP RECOMMENDS 70 82-1056 403~ Celery Avenue Carl Poulsen * 90. days 71 82-1066 1119½ West 12th Street Sarah Bass ** 90 days 72 83-1085 1018 Pine Avenue Frankie Hayes ** 90 days Minimum Housing Code Inspector and Acting City Manager recommend a FINAL day extension. 90 ** Acting City Manager recommends a 90 day extension. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried, approved. same were The City Manager reported that Robert S. Lee, owner of property at 819 West Third Street, Condemnation Report No. 80-960, has not made any effort or showed intent to comply with the conditions upon which a nine month time extension was granted on February 28, 1983. Further, that Mr. Lee has stated he will write the Commission a letter on July 11, 1983, and that the interior cleanout work will begin July 13, 1983. The Commission authorized to hold further action pending receipt of said letter. A public hearing was held in accordance with notice published in the Evening Herald on July 1, 1983, as follows: 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 the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on July 11, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: at ORDINANCE NO. 1646 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF LAKE MINNIE DRIVE LYING WEST OF HIGHWAY 17-92 AND SOUTH OF LAKE MARY BOULEVARD; PRO- VIDING FOR SEVERABILITY, CONFLICTS, AND EF- FECTIVE 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. H. N. Tamm, Jr. City Clerk Publish: July 1, 1983. Ordinance No. 1646, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,