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041480-Regular Session/282 MINUTES City Commission, Sanford, Florida April 14 at 7:00 P.M. 19 80 MIDSTATE LE'GAL SUPPLY GOMPANy The City Commission of the City of Sanford, Florida, met in Regular Session in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on April 14, 1980. Present: Mayor-Commissioner Lee P. Moore Commissioner John G. Morris Commissioner Julian L. Stenstrom Commissioner David T. Fart Commissioner Edwin O. Keith City Attorney C. Vernon Mize, Jr. City Manager W. E. Knowle's City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. A public hearing was held in accordance with notices authorized at meeting of March 24, 1980 to consider the condemnation of structures or buildings on Reports Nos. 80-949 throug 80-959, Group 58. The Chairman announced that the Commission would hear from the property owners or representatives thereof. A review of each individual report was as follows: REPORT 80-949 80-950 80-951 80--952 80--953 80-954 80-955 80-956 80-957 80--958 80-959 ' ADDRESS 400-400~ S. Pine 1022 W. 12th St. 1212 Sanford Ave. 611 Park Ave. 615 Park Ave. 1121W. 12th St. 405 S. Myrtle Ave. 407 S. Myrtle Ave. 410 E. 25th Place 806 Hickory Ave. 805 W. 2nd St. OWNER J. McPherson Ed Blacksheare R. Buck Winifred Peine R. Bateman Sarah Bass Jack B. Nichols Jack B. Nichols Nichols-Turner Arthur Hall Katherine K. Phagan Mr. Gordon Frederick, Attorney, appeared and stated he represented Mr. Robert Bate- man, owner of property at 615 Park Avenue, Condemnation Report No. 80-953, and represented Mrs. Winifred Piene, owner of property at 611 Park Avenue, Condemnation Report No. 80-952. He stated that some of the items noted on the letter to the property owners as rea- sons for condemnation are not within the purview of condemnation proceedings. He further stated that the owner of 611 Park Avenue had tried to obtain a building permit to repair the structures, but was unable to do so. Mr. A1 Payne, Minimum Housing Code Inspector, stated that the Florida Statutes re- quire that the person obtaining the permit be either'a registered contractor, or an owner- occupant, and Mr. Peine does not live on these.premises. Mrs. Eunice Whitehead, Chairman of the Trustees Board, St. Paul's Baptist Church, MINUTES City Commission, Sanford, Florida April 14 at 7:00 P. M. 1980 283 MID,qTATE LEGAL ~UPPLY COMPANY Mr. Carl Gutman, President, Gutman, Dragash Associates, owner of property at 405 South Myrtle Avenue, Condemnation Report No. 80-955, and property at 407 SOuth~Myrtle Avenue, Condemnation Report No. 80-956, appeared and stated they plan to repair the structures to bring them up to code. After consideration, Commissioner Keith moved that finding the buildings under Con- demnation Report Nos. 80-949 through 80-959 to be unsanitary, unsafe and delapidated, that said structures be condemned and the owners given a notice of 90 days in which to repair or give just cause why same has not been repaired or demolished; and after 90 days, to autho- rize the City to demolish.the structures and levy a lien against the property for said remov- al. Seconded~by Commissioner Stenstrom and carried. A public hearing was held in accordance with notice published in the Evening Herald on March 25 and April 4, 1980 as follows: NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN ~ISTRICTS 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 April 14, 1980, to consider changes and amend- ments to the Zoning Ordinance of the City of Sanford, Florida, as fol- lows: A portion of that certain property lying north of and abutting Lake Mary Boulevard and between Art Lane and Hidden Lake Drive is proposed'to be rezoned from SR-1AA (Single-Family Residen- tial) District to RC-1 (Restricted Commercial) District. Said property being more particularly, described as fOllows: Beginnin~ at the northeast corner of Lot 25, run South 11v East 973.14 feet, South 73° 54' West 241.84 feet, South 84° 59' 57" West 208.71 feet, South 11° East 417 42 feet to Point of Beginning; thence run North 116 West 208.71 feet, North 84° 59' 57" East 208.71 feet, South 11° East 208.71 feet, Southwest- erly to Point of Beginning, Lake Minnie Estates, Plat Book 6, Page 92 of the Public Records of Semi- nole County, Florida. 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. Tatum, Jr. City Clerk Th~Ls~rhm~n March 25 a d mE il ~, %980. ' announced t~at ~egommzsszon would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. Mr. Bart Pilcher, 1220 State Street, appeared to support the rezoning. Planning and Zoning Commission submitted a recommendation to rezone the property. Commissioner Morris moved to authorize the City Attorney to prepare the proper ordi- nance to rezone the property as advertised. Seconded by Commissioner Fart and carried. Recommendations dated April 4, 1980 submitted from the Planning and Zoning Commissio MINUTES City Commission, 8anford, !~lorida April 14 at 7:00 P. M. 19 8O MIDSTATE LEGAL SUPPLY COMPANY Denied a site plan tabled from March 20, 1980 meeting for six Townhouses in PUD zoned district on Lots 11 thru 16, Blk B, Sanora, Unit I, represented by Paul Jarvis of Cardinal Industries. Reason: The Board feels that Article V, Definitions, page 1721, 62. Townhouses, applies, i.e. not less than four nor more than eight units and that two units are a duplex as defined in 19. Dwelling, Two-F~mily (Duplex) page 1715. Mr. Jarvis plans to appeal to the City Comm4ssibn under Art. VIII, Sec. 1, C, (4) Modification of De- velopment Plan (page 1769) The Board studied and made no recommendations for rezoning from MR-2 to SR-1, Lots 5 thru 16, Blk. 8, Dreamwold, 3rd Section. This property was rezoned in 1973 for efficiency apartments which did not materialize. ~1~: Mr. Jack Bridges, representing Cardinal Industries, appeared to appeal the denial by Planning and Zoning Commission of a site plan for six townhouses on PUD zoned property in Sanora. He stated Cardinal Industries wanted to construct six townhouses on six lots in Sanora, with each townhouse to be deeded in fee simple title. He further stated that this was half the number of units they could build, thereby reducing the density by 50%. Mr. Paul Jarvis, Cardinal Industries, appeared and stated that the proposed town- house construction exceeds set ba~k requirements, etc., and is under the density requirements Those appearing in opposition to the proposed townhouse construction were as fol- lows: Mr. John Mercer, 218 Krider Road, President, Sanora Homeowner's Association, ap- peared and stated Cardinal Industries had contacted Sanora Homeowner's Association and asked if they had any objections to the construction of two duplexes, to be owned by Cardinal In- dustries, and used as models and as residences for visiting executives. Mr. Mercer stated the Association had no objections to that proposal, but had no knowledge of townhouse con- struction, and asked the Commission to table consideration of same until the Association had time to discuss same. Mr. Bob Baker, 124 Odham Drive, appeared to support the Planning and Zoning Commis- sion's recommendation. Mr. Gordon Meyer, 113 Sanora Boulevard, appeared to support the_Planning and Zon- ing Commission's recommendation. Mr. Earl Weldon, 122 Krider Road, appeared to support the Planning and Zoning Com- mission's recommendation. Mr. James A. Lewis, 104 Krider Road, appeared to support the Planning and Zoning Commission's recommendation. Mr. Tom Parisi, 201 Odham Drive, appeared to support the Planning and Zoning Com- mission's recommendation. Commissioner Keith moved to table consideration of same until the next regular meeting. Seconded by Commissioner Morri~ and carried. Commissioner Stenstrom abstained from vote. The next item of business was consideration of an Interlocal Agreement for partici- pation in the East Central Florida Region's Combined Entitlement Jurisdiction for Criminal Justice planning purposes. Commissioner Fart moved to authorize the Mayor to execute the FORM 4 MEMORANDUM OF VOTING CONFLICT DATE ON~iI[C~! VOTE ~'' ~ (!£,CURREI): April _~_, 198_~_ PART A Name: Stenstrom Julian L Telephone: (_3__0_5_~ 22- 2860 (LAST) (FIRST) (MIDDLE) (A/C) ! (NUMBER} Address: 2200 Cordova -Sa_n_~ord (STREET) ( CITY ) ( Z}P CODE ) ( COUNTY ) PART B Agency is a unit of [cheek one]: ( ) State of Florida; (X) County, City or other Political Subdivision; Name of Agency: City of Sanford Position held in Agency: Cit~ Commissioner ..................... PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by § 112.8148, F.$., 1975] I~' you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private ~_~ain or the special private gain of any principal by whom you are retained, please disclose the nature of your .interest below. 1. Description of the matter upon which you voted in your official capacity: Description of the personal, private, or professional interest you have in the above matter which inures to you special private gain or ~the special private gain of any principal by whom you are retained:A_b_s_tai~oiT~_ote on a motion to table consideration of an appeal by Cardinal Induztries.,.~ of a denial by__t__b~e Plannijag a d Zo.' : ~ '.._-'-' _site pl~ln. ~r_._~ ......... townhouses in a PUD district. 3. Person or principal to whom the special gain described above will inure: a. ( ) Yourself b. (X) Principal by whom you are retained: PART D Cardinal Industries~_Inc. (NAME} FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meet. lng minutes. This form need not be filed merely to indicate the absence of a voting' conflict. Florida law permiL~.but doe~, not require you to abstain from voting when a conflict ol; interest arises; whether you abstain or not, :;however, the con. flict must be disclosed pursuant to the requirements described above. PART E I NOTICE: UNDER PROVIS ONS OF SECTION 112.317, FLORIDA STATUTES, 1~75, A FAILURE TO MAKE ANY REQUIRED DISCLOSUR CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENTi REMOVAL OR SUS PENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEEI $5,000. MINUTES City Commission, Sanford, Florida April 14 at 7 )0~P. M. 1980 On motion of Commissioner Stenstrom, seconded by Commissioner Fair and carried, Ordinance No. 1510, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING AND EXTENDING THE TERM OF ORDINANCE NO. 998 AND AS AMENDED BY ORDINANCE NO. 1328 OF THE CITY OF SANFORD, FLORIDA, SAID ORDINANCE HAVING GRANTED A NON-EXCLUSIVE FRANCHISE TO SEMINOLE CABLEVISION, INCORPORATED, FOR THE OPERATION AND MAINTENANCE OF A COMMUNITY ANTENNA TELEVISION SYSTEM IN ACCORDANCE WITH THE TERMM AND PROVISIONS SET FORTH IN SAID ORDINANCE AS AMENDED: SAID AMENDMENTS SETTING FORTH CONDITIONS AND REGULATIONS FOR THE OPERATION AND MAINTENANCE OF THE SYSTEM: SAID AMENDMENTS FURTHER PROVIDING FOR THE TERM OF THE FRANCHISE TO BE EXTENDED FOR ADDITIONAL TEN YEAR PERIODS NOT TO EXCEED A TOTAL OF 40 YEARS: SAID ORDINANCE FURTHER PROVIDES FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Fart, seconded by Commissioner Keith al nance No. 1511, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA ADOPTING A COMPREHENSIVE DEVELOPMENT PlAN FOR THE DEVELOPMENT OF THE CITY OF SANFORD, FLOR- IDA, AS AMENDED, AS RECOMMENDED BY THE LOCAL PLANNING AGENCY IN ACCORDANCE WITH CHAPTER 163, FLORIDA STATUTES, AND FURTHER IN ACCORD- ANCE WITH THAT CERTAIN SPECIAL LEGISLATIVE ACT KNOWN AS THE "SEMINOLE COUNTY COMPREHENSIVE PLANNING ACT OF 1974", PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced, placed on first reading and read in full. ~d carried, Ordi- On motion of Commissioner Fart, seconded by Commissioner Morris and carried, Ordi- nance No. 1512, entitled: 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 THAT PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SANFORD AVENUE AND PALMETTO AVENUE AND BETWEEN EIGHTH STREET AND NINTH STREET FROM MR-2 (MULTIPLE FAMILY RESIDENTIAL) TO GC-2 (GENERAL COMMERCIAL) DISTRICT, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced, placed on first reading and read in full. On motion of Commissioner Fart, seconded by Commissioner Stenstr0m and carried, Ordinance No 1513, entitled: · AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING THE. CONDITIONAL USES PROVISION OF SECTION 2 OF ARTICLE V OF ORDINANCE NO. 1097, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID ORDINANCE BEING ENTITLED "THE ZONING REGULATIONS OF THE CITY OF SANFORD, FLORIDA"; SAID SECTION BEING ENTITLED ,'SR-1A SINGLE-FAMILY RESIDENTIAL DWELLING DISTRICT"; SAID AMENDMENT PROVIDIN~ AS A CONDITIONAL USE FOR SINGLE FAMILY DWELLINGS WITH 1,000 SQUARE FEET MINIMUM LIVING AREA, PROVIDING ALL OTHER DENSITY CONTROLS AND SET BACK REQUIREMENTS AS SET FORTH IN THE ZONING REGULATIONS OF THE CITY OF SANFORD ARE COMPLIED TP'T'T"LI' I)PI"~'~ITI'~T"kT/"_ '1~"('~1~ RI~'~?~'I~ARTTT"I"v f'"~"kT'l~T Tf'"'Pq A"kTI~ 286 MINUTES City Commission, Sanford, Florida April 14 at 7:00 P. M. 19 80 On motion of Commissioner Morris, seconded by Commissioner Stenstrom and carried, Minutes of February 25, March 17, March 24, March 27 and April 2, 1980 were approved. On motion of Commissioner Stenstrom, seconded by Commissioner Farr and carried, Vouchers for the month of March, 1980, were approved, as follows: General Fund, Flagship Bank of Seminole-DT, Voucher No. 8179 thru 8185. ~ Refuse Collection & DiSposal Fund, Flagship Bank of Seminole, DT1, Voucher No. 83 thru. 88. Water & Sewer Revenue Fund, Flagship Bank of Seminole, DT1, Voucher No. 1864 thru 1869. Policemen's Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 554. Firemen's Relief and Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 38 Central Paying Account, Flagship Bank of Seminole, DT1, Voucher No. 24756 thru 25164. Utility Service Tax, Atlantic National Bank of Seminole, Voucher No. 177 thru 179 Renewal & Replacement, Flagship of Seminole, M-2, Voucher No. 167 and 169. Utility Trust Fund, Flagship of Seminole, M-2, Voucher No. 48 and 49. Revenue sharing Fund, Flagship of Seminole M-2, Voucher No. 190. The City Manager reported that 1979 federal funds under the 201 Program for the regional sewer improvements have been expended, but that Sanford may be reimbursed for 75% of our cost out of the 1980 funds' in amount of approximately $80,000.00 to complete Phase I. The City Manager reported that Cities are not required to pay $490.00 for one-half of the maintenance cost per year for eachrailroad crossing that has warning devices, but are requested to pay same. The City Attorney reported that the City had received investigative questionnaires from the Office of Civil Rights Compliance in the Department of Justice, regarding complaints from John C. Moore and Tony Brooks, Jr., and that the City had asked for, and received an extension until April 30, 1980, to respond to the questionnaires. The City Attorney stated these cases had been settled with the Miami office of the EEOC, however he recommended the City answer the questionnaires and state in detail, the position of the City. On recommendation of the City Manager, Commissioner~Stenstrom moved to do nothing, and wait for further correspondance from the Department of Justice. Seconded by Commissioner Keith. Motion failed to carry over dissenting votes of Commissioner Morris, Commissioner Fart and Commissioner Keith. Commissioner Fart moved to answer the questionnaire and state the City's position city Commission, Sanford, Florida April 14 at 7:00 P. M. 19.80 Mr. Edward Hendrick, 121 Harrogate Court, Longwood, Florida, appeared to support a request from Gaynell's Antiques, 818 Sanford Avenue, to permit the outside display of an- tiques on their property. Commissioner Farr moved to authorize same. Seconded by Commissione Stenstrom and carried over dissenting vote of-Commissioner Morris. Mr. William Kirchoff, Chairman, Seminole County Commission, appeared to submit his proposed draft of an agreement for the City to transfer the old Post Office building and property to the County. Ms. Shirley Moak, 1109 Cornell Drive, Sanford, appeared and stated she did not want the City to take over the operation of the library in the downtown area. She stated she felt the City and County should try to work out an agreement for the County to operate the library. The Mayor asked Mr. Kirchoff to inform the County Commission that the City would like the County to sign and return, or amend, sign and return, or reject the leaSe agreement sent by the City to the County on April 2, 1980, or submit a new lease prepared and approved by the County Commission. The City Manager submitted a request from Pastor Gunter, representing the Church of God, 22nd Street and Holly Avenue, to waive the City Code to permit an off-site sign di- recting people to the church. On recommendation of the CitY Manager, Commissioner Fart moved to deny same. Seconded by Commissioner Keith and carried. The City Manager reported he had appointed Mr. William Moore, 417 Lake Boulevard, Loch Arbor, to the Sanford Local Option Public Employees Relations Commission. Commissioner Fart moved to confirm the appointment. Seconded by Commissioner Stenstrom and' carried. On recommendation of the City Manager, Commissioner Morris moved to authorize use of the Civic Center with alcoholic beverages, and with payment of $250.00 fee as follows: April 12, 1980: April 18, 1980: Italian - American Club Celery City Lodge #542 IBPOE of W Seconded by Commissioner Fart and carried. The City Manager reported that Mrs. Scott Downer, 109 Garden Court, had~requested the City to mow the City-owned vacant land behind her home. He stated that the City has no access to the property, and it is not useable. On recommendation of the City Manager, Com- missioner Stenstrom moved to offer the property for sale. carried. Seconded by Commissioner Farr and On recommendation of the City Manager, Commissioner Keith moved to authorize trans- fer in amount of $659.91 from Contingency to Building Division Insurance, Workers' Compensa- tion and auto allowance accounts. Seconded by Commissioner Stenstrom and carried. On recommendation of the City Manager, Commissioner Stenstrom moved to authorize increase of the gasoline allotment payment to City employees operating private vehicles for city business, from 75% of $1.05 per gallon to 75% of $1.20 per gallon, effective May 1, 1980. MINUTES City Commission, Sanford, Florida April 14 at 7:00 P, M. 19 80 Condemnation GroUp 59 was submitted by the city Manager as follows: Report ~ '"' '" '~' " No. Address Owner 80-960 80-961 819 West 3rd St 805 West 3rd St John D. & Doreen L. Freeman Catherine Hunt On recommendation of the City Manager, Commissioner Stenstrom moved to authorize a pnblic hearing to be held April 28, 1980 to consider same, and notices to be sent to the owners. The Commission authorized the City Manager to travel to Tallahassee April 15 and 16, 1980, to work on the lOcal PERC bill. " The City Manager-submitted a tabulation of bids for additional lab space at the sewer plant as follows: 0 n. ~ 0 I-, H H 0 H O H ~ O m 0 O M,%NU T City Commission, Sanford, Florida April 14 at 7:00 P. M. 19 80 MTI~gTATlq T.~..C. AT..~TTPPL¥ COMPANY On. recommendation of the City Manager, Commissioner Morris moved to accept Alter- nate #2 bid from Shoemaker Construdtion Company in amount of $16,555.00; authorize the City to do electrical and painting work, ara material cost of$1,444.00,~ and transfer in amount of $3,749.00 from utility uncommitted excess~'fUnds. 'Seconded by Commissioner Keith and car- tied. Request submitted from Mr. Willie Rumph to use a mobile trailer sign at the McKin- ney Lounge, 300 Sanford Avenue, for four weeks beginning April 15, 1980, for a special promo- tion. Commissioner Morris.moved to authorize same, provided the sign is placed so that it conforms with all set back requirements. Seconded-by Commissioner Stenstrom and carried. Petition for annexation submitted from Sunniland Corporation, for annexation of ap- proximately 27 acres -lying between Celery Avenue and the Seaboard Coast Line Railroad right- of-way and East of Summerlin Avenue. The City Clerk reported t.hat the Tax Assessor had certified the Petition. Commis- sioner Keith moved to authorize the City Attorney to prepare the proper ordinance to annex property described as follows: W~ of NE~ of NE~ (less fy) Sec 31 Twp 19S Rge 31E, and E~ of W½ of NE~ of NE~ (less S 25 ft), Sec 31 Twp 19S Rge 31 E, and W~ of Eh of NE~ of NE~ (less ry) Sec B1 Twp 19S Rge 31E. Seconded by Commissioner Morris and carried. On motion of Commissioner Keith, seconded by Commissioner Fart and carried, ~rdi, nance No. 1514, 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 ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LOCATED BETWEEN LAKE MARY BOULEVARD AND HIDDEN LAKE UNIT i-A, AND BETWEEN ART LANE AND HIDDEN LAKE DRIVE;' SAID PROPERTY 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. was introduced and placed on first reading. On motion of Commissioner Stenstrom, seconded by Commissioner Keith and carried, Ordinance No. 1515, 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 ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LOCATED BETWEEN CELERY AVENUE AND THE SEABOARD. COAST LINE RAILROAD RIGHT-OF-WAY AND BETWEEN SUMMERLIN AVENUE AND BURROWS LANE; SAID PROPERTY · SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORD- ANCE 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.