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072880-Regular Session MINUTES City Co,mmission, Sanford, Florida July 28, at 7:00 P.M. 19 80 MIDSTATE LEGAL SUPPLY COMPANY 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. Mo on July 28, 1980. Present: Acting Mayor-Commissioner Julian L. Stenstrom Commissioner John G. Morris Commissioner David T. Fart Commissioner Edwin O. Keith City Attorney C. Vernon Mize, Jr. Acting City Manager SteVe Harriett Deputy City Clerk Rosa M. Rotundo Absent: Mayor-Commissioner Lee P. Moore 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 July 21, 1980, 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 g Public Hearing will be held at the CommissionaRoom in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on July 28, 1980, to consider amending Ordinance No. 1291 wh~dh.-:adopted certain Land Use Regulations to provide for the protection of structures and inhabitants-from the danger of flooding in the City of Sanford, Florida; provided for the recording of appli- cable map on Special Hazard Areas and Base Flood Ete~afli~m for the City of Sanford, Florida; defined certain terms; described in intent, purpose and objectives of said program; set forth building, permit re- quirements for major repairs of residential and nan-residential struc- tures; provided for building permit requirements for new construction and substantial improvements of existing residential and non-residen- tial structures; provided procedure for review of subdivision and other proposed new developments; provided procedure for review of new'. or r~-~ placement water supply and/or sanitary sewage systems; provided the procedure for and terms and conditions of surveys to be attached to building permit applications; provided that said ordinance shall take precedefit over existing building and zoning ordinances and regulations; provided for an effective date of May 14, 1975. Said ordinance to comply with Federal Regulations to Obtain Flood Insurance. 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. Publish: July 21, 1980. H. N. Tamm, Jr. City Clerk~ The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed amendments. Mr. James H. Sayes, Florida Department Of Community Affairs, appeared and stated that passage of the revisions is necessary for Flood Insurance to continue to be available for flood prone areas in Sanford. He further stated that the Federal Housing Administration, Veteran's'Administration, Farmer's Home Administration and the Small Business Administration would not make loans for flood prone areas without flood insurance as administered through the National Flood Insurance Administration Program in Bethesda, Maryland, and may include coverage for structure and contents. 338 MINUTES City Commission, SanfOrd, Florida July '28, at 7:00 P.M19 80 MID~TA'I'~'- LEGAL MUPPLY GOMPAI~Y .4 The next item~of business was a request from the Sanford Housing Authority to approv, filing an application for construction'of'74 units of public housing, .Mr. Stanley'Stone, representing the Sanford Housing Authority, was present'to support the request. He stated that Seminole County had applied for the 74 units, b~t they want to change the agreemeht, and the U. S. Department of Housing and Urban~Development~will not agree to the changes, so the application is at a stalemate, and will probably not be approved. He further §tated that if Sanford obtains, the 74 new;units, it will bring'the total number of units in Sanford to 554. The commission stated the City would'file for the units, if Seminole County does not take action'a~d obtain them. A public hearing w~s held in accordance with notice published in the Evening Herald on July 10, 1980, as follows: NOTICE OF PUBLIC HEARING FOR THE PROPOSED ANNUAL BUDGET AND CAPITAL PROGRAM FOR 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 July 28, 1980, to consider the Annual Budget for~the fiscal year of October 1, 1980 to September 30, 1981, and a Capital Progmam. A dopy of said budget and capital program shall be availa- ble at the Office of the City Clerk for all persons desiring to examine the same. All parties in interest and citizens shall have an oppor- tunity to be heard~at said hearing. H. N. Tamm, Jr. City Clerk of the City of Sanford, Florida Publish: July 10; 1980. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed Budget and Capital Program. No one appeared. Commissioner Morris moved to authorize the City Attorney to prepare the proper ordinance to adopt the 1980-81 Budget and Capital Program. Seconded by Commissioner Farr and carrie~.~ A public hearing was held in accordance with notice published in the Evening Herald on July 10, 1980~as follows: NOTICE OF A PUBLIC HEARING FOR THE CONSIDERATION OF A BUDGET FOR THE REVENUE SHARING TRUST FUND FOR 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 July 28, 1980, to con~ider a Budget for the Revenue Sharing Trust Fund for the City of Sanford, Florida, and a summary of the General Fund Budget as follows: ~ MINUTES City Commission, Sanford, Florida July 28, at 7:00 P. Mo 19 80 MIYISTATE LEGAL SUPPI,¥ COMPANY 1980:~- 1981 REVENUE SHARING BUDGET Revenues: U. S. Treasury Total Revenues $380,730.00 $380,730.00 Appropriations: Transfer to General Fund for Police Uniform Division - Salaries Total Appropriations $380,730.00 $380,730.00 1980 - 1981 Budget City of Sanford, Florida General Fund Anticipated Revenues: Real & Personal Taxes Franchise & Utility Taxes Licenses & Permit Fees State Shared Revenues County Shared Taxes & Fees Fines & Forfeitures Other Income Total Revenues $1,071,082.00 1,390,511.00 132,200.00 963,450,00 29,270.00 50;000.00 84,440,00 3,720,953.00 Add: Transfers from other funds Estimated Cash Forward 493,730.00 185,728.00 Total Funds Available ~4,400~411.00 Appropriations: Administration Public Safety Public Works Recreation & Parks Special Projects & Expense $ 559,667.00 2,124.171.00 850,574.00 356,201.00 509~798.00 Total Appropriations $4~400~411.00 The detailed copy of the Budget may be seen at the Office of the City Clerk All parties in interest and citizens shall have an oppor- tunity to submit written and/or oral comments at said hearing. Publish: July 10, 1980 H. N. Tamm, Jr. City Clerk City of Sanford, Florida The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed budget. No one appeared. Commissioner Keith moved to authorize the City Attorney to prepare the proper ordinance to adopt the 1980-81 Revenue Sharing Trust Fund Budget. Seconded by Commissioner Fart and carried. 340 MINUTES City Commission, Sanford, Florida July 28, at 7:00 P. M. 19 80 Requests submitted to use mobile trailer Signs as follows: a. Fairway Market, 2690 Orlando Drive, for 90 days for a Special Promotion. (On July 19, 1980 the City Manager authorized use of the mobile trailer sign until the next Commission meeting.) b. Cognito's Italian Restaurant, 305 Park Avenue, for 90 days for a Grand Openi~g. Commissioner Morris moved to authorize same. Seconded by Commissioner Keith and carried. Request submitted from Mr. Robert J. Padilla to use the municipal Parking lot at First Street and Park Avenue, from 9:00 A:n M. to 6:00 P. M. on August 23, 1980, to raise funds for Muscular Dystrophy,'and use the City's electrical power for same. Commissioner Fart moved to authorize same. Seconded by Commissioner Keith and carried. Commissioner Fart moved to remove from table, consideration of a request for a time extension on Condemnation Report No. 77-814, 320 Oak Avenue, Mr. and Mrs. Cammarasana, owners. Seconded by CommissiOner Morris and carried. The Acting City Manager reported there had been no correspondence from the owners. Commissioner Morris moved to authorize a final time extemsion~ until August 11, 1980, for said property. Seconded by Commissioner Farr and carried. Request submitted from Ms. V~oletta Williams, owner, 615 Park Avenue, Condemnation Report No. 80-953, Group 58, for a 90 day time extension. On recommendation of the Minimum Housing Code Inspector and the City Manager, Commissioner Keith moved to authorize same. Seconded by Commissioner Morris and carried over dissenting vote of Commissioner iFarr. Request submitted from Ms. Sarah Mae Ba~i, owner of property-at 1121 West 12th Street, Condemnation Report No. 80-954, Group 58, for a time extension. The Minimum Housing Code Inspector did not recommend any extension. On recommendation of the City Manager, Com- missioner Morris moved to table the request for 30 days, and at the~exPiration of that time to demolish the structure, if there has been no c~mpliance.~ Seconded by Commissioner Keith and carried over dissenting vote of Commissioner Fart. Request for a 90 day time extension submitted from the St. Paul Missionary Baptist Church, Inc., owner of property at 806 Hickory Avenue, Condemnation Report No. 80-958, Group 58. On recommendation of the Minimum Housing Code Inspector and the City Manager, Com&is- sioner Morris moved to affthorize same. Seconded by Commissioner Keith and carried over dissenting vote of Cormh~ssioner Fart. Request for a time extension submitted from Mr. and Mrs. David Freeman, owners of property at 819 West Third Street, Condemnation Report No. 80-960, Group 59. The Minimum Housing Code Inspector submitted a recommendation to deny the request, and the Acting City Manager concurred. Mr. Freeman appeared and stated he had been working a lot of overtime at his regular job, there had been rainy days, and he had taken a vacation the last two weeks, so the repairs had not been completed even though he gaid he had done considerable work on the property. Commissioner Morris moved to authorize a 60 day final extension. Seconded by Commissioner Keith and carried over dissenting vote of Commissioner Fart. MINUTES City Commission, Sanford,' Florida July 28, at 7:00 P. M. 1980 MID,~T~T~ T.~AT. .qITPPL¥ GOMPANY The next item of business was consideration of an appointment to the Board of Adjustment and Appeals, tabled ~at meeting of July 14, 1980. Commissioner Fart moved to appoint Mr. Julius H. Nill, 201 Odham Drive, Sanford, subject to his acceptance of the appoint- ment. Seconded by Commissioner. Morris and Carried. On motion of Commissioner Morris, seconded by Commissioner Fart and carried, Ordi~-~ nance No. 1519, entitled: AN ORDINANCE OF THE CITY OF SANFORD,~ FLORIDA ADOPTING SECTION 856.021 OF CHAPTER 856 FLORIDA STATUTES, SAID SECTION BEING ~ENTITLED: LOITERING AND PROWLING, AS THE LOITERING OR PROWLING CODE OF THE CITY OF SANFORD, FLORIDA, PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. was introduced, placed on first reading and read in full. The City Attorney reported he had talked to Mr. Cris Ray, State Attorney's Office, regarding misdemeanor cases from municipalities, and that Mr. Ray had stated that his office would be happy to continue to prosecute misdemeanor cases, and they had never adopted any policy to turn away municipal misdemeanor cases, but that sometimes they had to do so, for lack of sufficient evidence. The City Attorney was authorized to arrange a meeting between the State Attorney's Office and the Police Department to discuss misdemeanor cases and other municipal cases. Commissioner Fart moved to remove from table, consideration of the adoption of Ordi- nance No. 1517. Seconded' by Commissioner Keith and carried. A public hearing was held in accordance with notice published in the Evening Herald on July 21, 1980, 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 at the Commission Room in the City Ha~in the City of Sanford, Florida, at 7:00 o'clock P. M. on July 28, 1980, to consider the adoption.of an ordinance by the City of Sanford, ~itle of which is as follows: ORDINANCE NO. 1517 AN ORDINANCEOF THE CITY OF SA5~ORD, FLORIDA, CLOSING, VACATING AND ABANDONING PORTIONS OF WATER STREET, FULTON STREET, COMMERCIAL STREET, OLEANDER AVENUE, JESSAMINE AVENUE AND A PARKWAY SITUATED NORTH OF WATER STREET, ALL OF SAID STREETS BEING LOCATED NORTH OF WEST FIRST STREET, WEST OF NORTH MANGOUSTINE AVENUE, EAST OF MUL- BERRY AVENUE, AND SOUTH OF SEMINOLE BOULEVARD; RESERVING THE USE OF SAME UNTO THE CITY OF SANFORD, FLORIDA FOR UTILITY PURPOSES, PROVID%NG 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. H. N. Tamm, Jr. 342 MINUTES City Commission, Sanford, Florida July 28, at 7:00 P.M. 19.80 Ordinanc~ No. 1517, entitled: : AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABANDONING PORTIONS OF WATER STREET, FULTON STREET, COMMERCIAL STREET, OLEANDER AVENUE, JESSAMINE AVENUE AND A PARKWAY SITUATED NORTH OF WATER STREET, ALL OF SAID STREETS BEING LOCATED NORTH OF WEST FIRST STREET, WEST OF NORTH MANGOUSTINE AVENUE, EAST OF F~LA BERRY AVENUE, AND SOUTH OF SEMINOLE BOULEVARD; RESERVING THE USE OF SAME UNTO THE CITY OF SANFORD, FLORIDA FOR UTILITY PURPOSES, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of June 23, 1980, was next placed on final reading. After being read by title, the'Chairman announced that the Commis- sion~=would hear from those persons present to speak in favor of, or in opposition to the proposed ordinance. Mr. John McClellen, representing the Hospital Corporation of America, appeared to support the adoption of Ordinance No. 1517, and stated that closings to purchase most of the property are Shheduled for August 1, 1980, and the remainder to close later. He further stated that they would have to fill the property and let it settle for two months before beginning construction. Commissioner Morris moved On the passage and adoption of Ordinance No. 1517. Seconded by Commissioner Fart and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1517, entitled.: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING VACATING AND ABANDONING PORTIONS OF WATER STREET, FULTON STREET, COMMERCIAL STREET, OLEANDER AVENUE, JESSAMINE AVENUE AND A PARKWAY SITUATED NORTH OF WATER STREET, ALL OF SAID STREETS BEING LOCATED NORTH OF WEST FIRST STREET, WEST OF NORTH MANGOUSTINE AVENUE, EAST OF MUL- BERRY AVENUE, AND SOUTH OF SEMINOLE BOULEVARD; RESERVING THE USE OF SAME UNTO THE CITY OF SANFORD, FLORIDA FOR UTILITY PURPOSES, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Request submitted from Mr~.,~.SAl%~.~R~.Lipsey,-~Assim~-~.~ Tax Collector, 'Seminole County,~ for r~fundof taxes in amount~.of $717-,21, paid by American Rail Box Car Company and Trailer-Train Company, for tax years 1975 through 1979. Commissioner Morris moved to auth- orize same, as approved by the State of Florida Department of Revenue. Seconded by Commis- sioner Keith and carried. Request submitted from Kurzon, Inc., to use overhead wiring on Cypress Avenue and Pine Avenue, in C&lery Avenue Addition, stating that overhead wiring currently exists in the area, the poles for the overhead wiring are already located in the area, and that using overhead wiring will effect a savings of over $2,500.00. Mr. John Kurzon appeared to support the request. MINUTES City Commission, Sanford, Florida July 28, at 7:00 P. M. 19 80 ~I~.qTATF. LEGAL ~UPPL~z GOMPANY Memo submitted from the Building Official to the Acting City Manager, recommending to waive overhead electric service to the five dwellings on the West side of Cypress Avenue and deny the waiver of overhead electric service to five dwellings between Cypress Avenue and Pine Avenue. The Acting CityfManager reported overhead power lines are available for the houses on the west side of Cypress, but not for'those between Cypress Avenue and Pine Ave- nue, and new lines would have to be run for them, so they should be underground as required by the Code. Mr. Kurzon stated it would cost $256.00 additional per house to use underground wiring. Commissioner Morris moved to waive the underground wiring requirement for those dwellings on the west side of Cypress Avenue, and to deny the request to waive same for the dwellings between Cypress Avenue and Pine Avenue. Seconded by Commissioner Fart and carried over dissenting vote of Commissioner.i.~tenstrom. Offer to Purchase submitted from Kurzon, Inc., for Lot 8, Block B, Celery Avenue Addition, in amount of $2,000.00. The City Clerk reported that this was the same amount per lot as the other 10 lots that Mr. Kurzon purchased on May 16, 1980. On recommendation of the City Manager, Commissioner Fart moved to accept the offer and authorize the Mayor to execute the contract and deed for same. Seconded by Commissioner Keith and carried. Recommendations dated J~ly 16, 1980 submitted from the Central Examining Board as follows: 1. Recommend to the City Commission to add the following sub-sections to Section 6 of the City Code. Sec. 6-7.1 Finish Floor Elevations (a) On building sites which are reasonably level or slope toward a street, ~oad or right-of-way, the minimum finish floor elevation of any structure shall be not less than slxteen (16) inches above the crown of said adjacent street, road or right-of-way. On building sites which slope away from a street, road or right-of-way toward a lake, stream or water collection area and positive drainage exists, the finish floor elevation of any structure shall be not less than eight (8) inches above finished site grade. Swales shall be con- structed to divert runoff water around any structure. (b) Finish floor elevations, if approved by the Building Official, may be set below finished site grade if provisions are made to protect the structure against water damage or water intrusion. (c) In approving such protection measures, the Building Official shall consider as general guidelines and criteria, methods for waterproofing of exterior walls, methods for providing adequate subsurface drainage, soil types on site, and past and present drainage conditions within the general area. Sec. 6-7.1 Slope of Driveways Driveways or other areas of access to a building or structure shall be sloped so as 'to prevent the runoff of surface water into any building or structure. - 344 MINUTES City Commission, Sanford, Florida July 28, at 7:00 P. M. 19 80 MIDSTAT~ LItL4AL ~UPPLY GOMPANY ~:- Sec. 6-7.2 Effect of o~her provisions concerning construction in flbod prone areas. The provisions of this article shall not be in violation of, or supersede any section of this code, or any ordinance or zoning regulation pertaining to construction within flood prone area. On recommendation of the City Manager, Commissioner Fart moved to authorize the City Attorney to prepare the Proper ordinance to adopt same. Seconded by Commissioner Morris and carried. On motion of Commissioner Morris, seconded by Commissioner Fart and carried, {inutes of meetings of July 14 and July 15, 1980 were approved. A public hea~ing was held in accordance with notice published in the Evening Herald )n July 10, 1980 as follows: PUBLIC NOTICE Notice is hereby given that the Sanford Airport Authority Budget will be reviewed by the Sanford City Commission in the City Commission Room, City Hall, Sanford, Florida, on Monday the 28th day of July, 19'80 at 7:00 P. M. s'/ J. S. Cleveland- J. S. Cleveland Director of Aviation Sanford Airport Authority Publish: July 14, 1980 The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed budget. Mr. Mary Greenstein, Assistant Director of~Aviation, Sanford Airport Authority, appeared to support the proposed budget. Commissioner Morris moved to approve the budget. Seconded by Commissioner Keith and carried. The City Manager reported that William Royster's term on the Planning and Zoning Commission expired on June 30, 1980, and he does not wish to be re-appointed. Commissioner gorris moved to authorize a letter of appreciation to Mr. Royster and to table consideration of appointing a replacement, until August 11, 1980. Seconded by Commissioner Keith and carried. The City Manager reported that Mr. Kay Shoemaker had asked to be replaced as the City Representative on the 208 Committee's Public Participation Program on the 208 Water Quality Planning Advisory Committee through ~the East Central Florida Regional Planning Council. On recommendation of the City Manager, Commissioner Keith moved to appoint Mr. Scott Burns, 119 North Scott Avenue, Sanford, to replace Mr. Shoemaker and to authorize a letter of appreciation to Mr. Shoemaker for his service~to the City. Seconded by Commissioner Fart and carried. MINUTES City Commission, Sanford, Florida July 28, at 7:00 P. M. 19 80 MID~T~TE LEGAL SUPPLY COMPANY The City Manager reported that the meeting between the Lake Mary City Commission and the Sanford City Commission has been confirmed for August 18, 1980 at 7:30 P. M. in the Commission Chambers at the Sanford City Hall. The City Manager reported that the air conditioning system at the Police Station, Investigative Division, is not working, and the warranty has expired. Commissioner Morris moved to authorize the emergency purchase, without bids, of a replacement condenser in amount of $1,386.00. Seconded by Commissioner Fart and carried. Commissioner Fart moved to authorize a request from the Sanford-Seminole Art Assoc- iation to install four "Port-O-Lets" in the Rand Mall during the "Fall ~or Art Show" October 1 and 12, 1980. Seconded by Commissioner Keith and carried. ~. The City Manager submitted a request fromM rs. Betty J. Offineer, 1223 Randolph Street, for installation of a street light in the area of Randolph Street and Crescent Street. On recommendation of the City Manager, Commissioner Fart moved to deny the 'request. Seconded by Commissioner Morris and carried. The City Manager reported that the City has received a grant in amount of $50,000.00 to develop the Dr. Starke Memorial Park on West Fifth Street, said grant requiring no match- ing funds from the City, only in-kind services. Commissioner Morris moved to adopt Resolu- tion No. 1280 to authorize acceptance of the grant, and to authorize the Mayor to execute the agreement. Seconded by Commissioner Keith and?~carried. Petition for Annexation submitted from Mrs. Maria Compain, 3513 Orlando Drive, for property described as follows: Section 11 Township 20 S Range 30 E. From the East ~ corner of Section Run South 483.38 feet, North 72 deg. 43 min. West 1009.63 feet, South 25 deg. 30 min. West 173.75 feet to POB. Commissioner Morris moved to authorize the City Attorney to prepare the proper ordinance to annex the property. Seconded by Commissioner Fart and carried. On recommendation of the Director of Recreation and Parks, Commissioner Fart moved to authorize use of Civic Center, with alcoholic beverages, for the Shoemaker Wedding Recep- tion on August 2, 1980, with payment of $250.00 plus tax. Seconded by Commissioner Keith and carried. Commissioner Fart moved to remove from table, consideration of an appointment to the Planning and Zoning Commission. Seconded by Commissioner Morris and carried. Commissioner Fart moved to appoint Mr. Forest Foggin, 111 West llth Street, Sanford, to the Planning and Zoning Commission for term to expire June 30, 198.3.~ Seconded by Commis- sioner Morris and carried. Mr. Michael D'Asto, Seminole Work Opportunity Program, appeared and commenged on the friendly, helping attitude of the Sanford area residents. He also invited the Commission to an open house for the program at 412 Sanford Avenue, on August 7, 1980. MINUTES City Commission, Sanford, Florida July 28, at 7: 00 P .M. 19 813 MID~TA'I'E L~t3AL ~UPPLY There being no further business, the meet'lng was adjourned., mYOR ATTEST: gpm