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051181-Regular Session586 MINUTES City Commission, Sanford, Florida May 11 at 7:00 P. M. 19__ 81 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 May 11, 1981. Present: Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner Edward A. "Ned" Yancey Commissioner David T. Fart Commissioner Eddie 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 the gVening Herald on April 21 and May 1, 1981, as follows: NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDIN~RqCE 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 May 11, 1981, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida as follows: A portion of ~hat certain property lying between Seventh Street and Eighth Street and between Park Avenue and Magnolia Ave- nue is proposed to be rezoned from MR-2 (Multiple-Family Res- idential Dwelling) District to RMOI (MffLtiple-Family Resi- dential, Office and Institutional) District. Said ~roperty being more particularly described as follows: Lots 9 and 10, Block 9, Tier 3, E. R. Trafford's Map of Sanford, Plat Book 1, page 59, Public Rec- ords of Seminole County, Florida. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. Publish: By order of the City Coa~ission of the City of Sanford, Florida. H. N. Tamm, Jr. City Clerk April 21 and May 1, 1981. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. The Planning and Zoning Commission submitted a recommendation to deny the rezoning. Mr. Carl Gutmann, 717 South Park Avenue, owner of the property, appeared to support the request and stated the house was built as an office by Dr. Phillips in 1905/1906, and that they had restored it to its original state. He further stated that his office use would be compatible with other structures in the area and maintain the integrity of the residential area. They would provide about 10 parking spaces in a landscaped area not visible from the residential area. Shirley Moak appeared and stated she and Sarah ijaCobson owned the property at 801 Park Avenue, across Eighth Street from Mr. Gutmann's property. She stated that it is now less expensive to rehabilitate a structure than build a new structure, and that in order to restore many of the old structures in this area, zoning is needed which would permit MINUTES City Commission, Sanford, Florida May 11 at 7:00 P. M. 19__ 81 MIDSTATE LEGAL SUPPLY COMPANY She also questioned Sanford's requirement of 10 parking spaces per 1,000 square feet for professional offices when the national average is 3.3 spaces, and that surrounding cities only require from 2.8 to 4 spaces. Commissioner Keith moved to deny the rezoning, and to request the Planning and Zoning Commission to consider extending the RMOI zoning on Park Avenue, south to 13th Street, and make a recommendation to the City Co~m~ission. Seconded by Commissioner Smith and carried. A public hearing was held in accordance with notice published in the Evening Herald on Apri1 21 and May 1, 1981, 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 May 11,1981, to consider.changes and amendmants to the Zoning Ordinance of the City of Sanford, Florida as follows: A portion of that certain property lying between 24th Place and 25th ~igreet and between Maple Avenue and Holly Avenue is proposed to be rezoned from SR-1 (Single-Family Residential Dwelling) DistriCt to RMOI (Multiple-Family Residential, Of- fice and Institutional) District. Said property'being more particularly described as follows: '~ Lots 12 through 16, Block 13, Dreamwold, 3rd Sec- tion, Plat Book 4, page 70, Public Records of Semi- nole:~County, Florida. All parties in interest~and~:eitizens 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: April 21 and May 1, 1981. The Chairman announced that theCommission would hear from those persons present to speak in favor of, or in.oppoSition to, the proposed rezoning. The Planning and Zoning CoaiL~ission submitted a recommendation to approve the rezoning. The Zoning Inspector reported that Kevin Sullivan, one:::.Of.::..i~he owners of the property, called to request the public hearing he tabled until the next meeting. The Mayor reported ahat the A. R. Kelly family, 701 West 24th Place,~is opposed to the rezoning Commissioner Yancey moved to table the public hearing until May 26, 1981. Seconded by Commissioner Smith and carried. Commissioner Farr moved to 'remove from table, a public hearing to consider revocation of a Conditional Use granted to Longwood Traveler Corporation to assemble manufactured mobile homes at 185 West Airport Boulevard. Seconded by CommisSioner Yancey and carried. Mr. Keith McCuen, Longwood Traveler Corporation, appeared and stated that after he talked with the City Manager about the stipulations imposed when the conditional use was ss MINUTES City Commissio,n, Sanford, Florida May 11 at 7:00 P. M. 19 81 LEGAL ~u~Lx GO~tvi~-AN'i' Mr. John Mercer, S~nior Vice President and Branch Manager, State Bank of Forest City appeared and stated that if the Longwood Traveler Corporation will continue to keep the business and property the way it has been the past four to five days, his bank will have no complaints. Commissioner Farr moved to close the public hearing, Since the Longwood Traveler Corporation is currently meeting the stipulagiOns~.imposed by the City Coi~ission for the conditional use granted on February 23, 1981. Seconded by Commissioner Smith and carried. Mr. Leo Scott, 108 Winding Ridge Drive, Ramblewood Subdivision, appeared to submit petitions containing approximately 75 signatures from residents of Ramblewood Subdivision and froml the'BoardTM~mS~rs ~fL~J~_~THidd. e~: La~e~o~eowners)A~soci~tion~ r~eP~ng, ~ssi~t- ance~to'cor~ec~he'~.low water p~e~sure~in their subdivisions. ,The City Manager reported that the problem is completing the loop of the Hidden Lake/Ramblewood system to the water line on Airport Boulevard. ,The developer is con~.tr- ucting.the line within the property and the City will tie in when it is ComPleted. The City Manager also stated that no more permits are being issued in the area until lines are constructed and looped. Request submitted from the Seminole Regional Juvenile Detention Center, 4300 South Orlando Drive, Sanford, fOr an extension to place a~'~m°bite~:ih°me at that location. Commissioner Keith moved to authorize same for one year, with the same stipulations imposed when granted on October 7, 1974. SeConded by Commissioner Farr and Carried. Request submitted from Clayton `Thomas to expand a non-conforming use of a Bar B Que Restaurant, at 1926 West 13th Street. `The City Manager stated that the Seminole County H~alth Department wants the improvements made to comply with their regulations. Co~f~f~issioner Farr moved to approve same, in accordance with expansion plans as submitted Seconded by Commissioner Smith and carried. `The next item of business was continuation from meeting of April 27, 1981, of discussion of a request for annexation submitted from Harriett Boyd, owner of property at 2630 E1 Capitan Drive, described as follows: Lot 5, Block 27, Dreamwold 4th Section, Plat Book 4, Page 99, Public Records of Seminole County, Florida. Letter submitted from Mrs. Boyd stating that John Dwyer, Seminole County Planning Department, had told her to go ahead and process the annexation. Commissioner Farr moved to authorize the City Attorney~to prepare the proper ordinan, to annex said property, and to authorize water service to the property. Seconded by Commissioner Keith and carried. -The'~nex%iitem of business was discussion, continued from meeting of April 27, 1981, of appointments to the Code Enforcement Board to replace two members who are unable to e MINUTES City Commission, Sanford, Florida May 11 at 7:00 P.. M. 19 81 589 MIDSTATE LEGAL SUPPLY COMPANY Mayor Moore moved to appoint Leo Scott, 108 Winding Ridge Drive, to the Code Enforce- ment Board. Seconded ~y Commissioner Smith and carried. The City Clerk reported that David Grovdahl, East Central Florida Regional Planning Council, had called to inform the City that the Mayor is the Metropolitan Planning Organization member as designated by the Governor, and that if he cannot attend a meeting of that organization, the Commission should appoint an alternate to attend that particular meeting, and notify the Metropolitan Planning Organization of the alternate member in writing. The Mayor stated he will be unable to attend the Metropolitan Planning Organization meeting on May 28, 1981. Commissioner Smit~ moved to designate Cow.nissioner Keith as the MayOr's Represent- ative at that meeting. Seconded by Commissioner Yancey and carried. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Minutes of April 27, 1981 were approved. On motion of Commissioner Farr, seconded by Commissioner Yancey and carried, Vouchers for the month of April, 1981, were approved, as follows: CHECKS FOR MONTH OF APRIL, 1981 General Fund, Flagship Bank of Seminole-DT, Voucher No. 8306 thru 8316 Refuse Collection & Disposal Fund, Flagship Bank of Seminole, DT1, Voucher No. 162 thru 166. · Water & Sewer Revenue Fund, Flagship Bank of Seminole, DT1, Voucher Nol 1957 thru 1963. Policemen's Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 572. Firemen's Relief and Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 402. Central Paying AccoUnt, Flagship Bank of Seminole, DT1, Voucher No. 29892 thru 30342. Utility Service Tax, Atlantic National Bank of Seminole, Voucher No. 213 thru 215. Renewal & Rep.l~cement, Flagship Bank of Seminole, M-2 Voucher No. 196 and 197. Public Improvement Revenue Bond, Flagship Bank of Seminole, DT1, Voucher N6. 81. Water & Sewer, 1953 Sinking Fund Reserve, Flagship Bank of Seminole, Voucher No. 41 and 42. Revenue Sharing, Flagship Bank of Seminole, Voucher No. 197. Public Projects, Flagship Bank of Seminole, M-2, Voucher No. 54. The City Attorney submitted Resolution No. 1304, entitled: RESOLUTION NO 1304 A RESOLUTION OF THE C.I~C~SSION OF THE CITY OF SANFORD, FLORIDA:, TO THE DEPARTMENT OF TRANSPOR-~ATION OF THE STATE OF FLORIDA TO DESIGNATE THE CITY MANAGER AS THE AUTHO- RIZED OFFICIAL TO SUBMIT REQUESTS FOR THE CLOSING OF A STATE ROAD WITHIN THE CI-TY LIMITS. ? 590 MINUTES City Commission, Sanfo,rd, Florida May 11 at 7:00 P.. M. 19 81 WHEREAS, the Department of Transportation of the state of Florida,has requested the City of Sanford, Florida, to designate someone as the authorized official to submit requests for the closing of a state road within the City limits, and WHEREAS, the City Commission of the City of Sanford, Florida met and after discussion determined it would be in the best interest of the City of Sanford, Florida, to designate the City Manager as the authorized person to submit such re- quests, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMIS- SION OF THE CITY OF SANFORD, FLORIDA, that the City Manager of the City of sanford, Florida, be and is hereby designated as the authorized official to submit requests for the closing of a state road within the City limits. BE IT FURTHER RESOLVED by the said City Con-m-~ission that a copy of this Resolution be furnished to the District office of the Department of Transportation of the State of Florida. THIS RESOLUTION ADOPTED this,,llth day of May, A.D., 1981. s/Lee P.. Moore s/David T. Fart ATTEST: s/H. N. Tamm~ Jr. CITY CLERK s/Miltom E. Smith s/Edward A. Yancey s/Edwi.n'~:O~ Keith As to!the City Commission of the City of Sanford, Florida. The Commission adopted same. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Ordinance No. 1556, entitled: ORDI~NCE NO. 1556 AN ORDINANCE OF THE CITY OF SANFORD, ~FLORIDA, AMENDING SECTION 22-17 <h) OF THE SANFORD CITY CODE TO PROVIDE FOR REGULATION, LOCATION AND SIZE OF MOBILE TRAILER SIGNS WITHIN THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced, placed on first reading and read in full. On motion of Cormmissioner Keith, seconded by Commissioner Farr and carried, Ordinanc M~/FLRTAT~. T.'F..GA~ ~LTPPL¥ COMPANY MINUTES City Commission, Sanford, Florida May 11 at 7:00 P. M. 19. 81 591 ORDINANCE NO. 1557 AN ORDINANCE AMENDING ORDINANCE NO,. 1097 OF THE CITY OF SANFORD, FLORIDA, SAID ORDINANCE BEING ADOPTED ON DECEMBER 11, 1972, SAID ORDINANCE BEING KNOWN AS THE ZONING REGULATIONS OF THE CITY OF SANFORD, FLORIDA, BY THE ADDITION OF SECTION 12-1 TO ARTICLE II OF SAID ORDINANCE TO DEFINE ~: THE TERM CONDITIONAL USE, BY THE ADDITION OF SECTION 12-1(A)i]iTO~ARTICLE II OF' SAID OR- DINANCE TO PROVIDE A PUBLIC HEARING AND NOTICE ~0 PROPERTY OWNERS WITHIN, 200 FEET OF PROPERTY WHICH IS THE SUBJECT OF AN APPLICATION FOR A CONDITIONAL USE; PROVIDING FOR SEPARABILITY, CONFLICTS AND EFFECTIVE DATE. was in,troduced, placed on first reading and read in full. Kenneth L. Steeves, Planner, Knight, Steeves and McCallister, Winter Park, Florida, appeared to submit a petition for annexation and a conceptual plan for development of a portion of the property lying north of C 46-A and between Upsala Road and -.The Oaks, described as follows: The North 400 fTeet of the following described land: Begin- ning at a stake standing 5 chains West and 2 chains North of the SE corner of Section 33, ToWnship 19 8outh, Range 30 East, run North 8 chains, West 5 chains, Sout~h 8 chains, East 5 chains, Less a strip 15 feet wide along the West side of Maid Land of Road Right-of-Way, the same being described as a Part of Lot 49 of NEW UPSALA, according to the Plat thereof as, ~ recorded in Plat Book 1, Page 67 of the Public R~cords of Seminole County, Florida., : He stated that they plan to construct, 12. or fewer cluster homes on the property which is presently zoned R-lA in the County, .which would permit 12 singlerfamily dwellings. He submitted a letter from Herb B. Hardin, Land Management Manager, Seminole County Land Development DivisiOn, stating that in his opinion if the?property is annexed into~ Sanford, and rezoned to MR-1 for the proposed, construction of no more than 12 dwelling units, the zoning,change would not constitute a density increas,e as defined by Chapter 171, Florida Statutes. Mr. Steeves stated they want the property to be annexed to receive city utilities and other~services, and that the county will,not object to the rezoning as long as the density is not increased. Commissioner Keith moved to authorize the City Attorney to prepare the proper ordinance to annex the property. Seconded by Commissioner Smith and carried. Request submitted from Stephen T.~ McMahon, Regional Manager, American Television and Communications Corporation~ for authority to temporar$1y~alter the CATV broadcast signals for one year for the Selling Areas Marketing, Inc. (SAMI) project. Commissioner Keith moved to authorize same. Seconded by Commissioner Farr a~d carried. Request submitted from Tho~S~'RUcker, holder of an option to ~purchase City property lying south of Seminole Boulevard and west of U. S. 17-92, to extend the 30 day~~, commencement of construction clause in the original contract to read 180 days after closing 592 MINUTES City commission, Sanford, Florida May 11 at 7:00 P. M. 19 81 Also, if the City authorizes the six m0nths~extension to begin construction, he 'and his partner would not be trying to~.sell the property before it is develpped. Commissioner Keith'moved to amend the contract to requirecommencement~ of construc! within 180 days after closing, Seconded~by Commissioner Smith and carried. Mr. Rucker requested to be informed of the amount of funds to be contributed in lieu of 600 square feet per dwelling unit for open space, and the City Manager was authorized to research same and report to the Commission. Memo dated April 24, 1981, submitted f=mm the Finance Director to the City Manager, regarding amendments to the occupational license schedule to increase rates, and comparisons with other cities, of the various classifications of occupations. Commissioner Keith moved to recompute the license schedule with a 50% increase, f~and to submit an estimate of the revenue to be derived from same. ~econded by Commission Yancey and carried. The City Manager reported that from March 1980 to March 1981, the cost-of-living index rose 10.6~, and recommemded cost-of-living raises for city employees to be included in the 1981/82 budget study as follows: 5% effective on October 1, 1981. 4% effective on April 1, 1982. Cor~uissioner Fart moved to authorize the CityManager to use. the ~bove figures for budget planning. Seconded by Commissioner Keith and carried. The Commission approved the City Manager to work on the budget at home Monday through Friday frOm 8:00 A. M. to aboUt 2:30 or 3:00 P. M., and be in his City Hall office the rest of the afternoon. The City Manager reported that the developers of Georgia Arms want to make a payment in amount of $11,800,00, in lieu of donating land forlopen space, and requested to pay a pro-rata basis for each unit, in amount of $131.11, prior to the Certificate of Occupancy being issued. On recommendation of the City Manager, Commissioner Keith moved to approve same. Sedonded by Commissioner Yancey and carried over dissenting vote of Commissioner Fart. The City Manager reported that the City is being represented by Jesse F. Sparks, Attorney, in the case of Anardi Collazo Vs. City, in the 9th Judicial Circuit, Orange County, Florida. The City Manager submitted a letter from Seminole County, recommending new bus stop locations on First Street. He reported he had requested them to consider Commercial Street and the north end of Rands Alley as a central bus stop, and will report back to the Commission. The City Manager sUbmitted a copy of a letter dated April 27, 1981 from the U. S. Department of Commerce, Bureau of the Census, setting .forth the final 1980 census counts on MINUTES City Commission, Sanford, Florida May 11 at 7-:00 P. M. 19 81 593 ' MID.qTATE L'RGAT~ .qlJPPLY COMPANY The City Manager submitted a letter of resignation ~from Merle W. Warner from the Civil Service Board./~"Commissioner Smith moved.to accept the resignation with regrets and to authorize the City Attorney to prepare the proper resolution to Merle Warner for his / service to the City. Seconded by Commissioner Yancey and carried. Commissioner Farr moved to authorize the City Attorney .to Prepare the proper resol- ution to co~m~end General Hutchison and declare May 16, 1981 as "General Hutchison Day". Seconded by Commissioner Smith and carried. Request submitted from Mr. Eddie:.~Senkarik, 104 Sunset Drive, to close First Street between Park Avenue and Palmetto Avenue and to close Magnolia Avenue between First Street and Second Street on October 10 and 11, 1981, from 8:00 A. M. to 5:30 P. M. for the Sanford Seminole Art AsSOciation's -Fall Art Show. Commissioner Farr moved to authorize same. Seconded by Commissioner Keith and carried. Commissioner Smith reported that Jack Daniels, operator of the Mayfair Country Club, had requested the City to consider installation of rumble strips, a flashing light, and lower speed limit on Country Club Road at the Golf Course. The City Manager stated this is a county maintained road, and he would direct the request tO Seminole County. Commissioner Smith requested information about the public attendance to the Charter Revision Committee meetings, and the City Manager stated that the meetings are open to the public. Commissioner Farr reported that the Seminole Sunrise Kiwanis are constructing a public park on Lots 1 through 30, Block 6, Lots 1 through 30, Block 8 and Lots 17 through 32, ~ Block 9, Palm Terrace, and requested the City allow a water connection without the atand~rd tap fee, for watering the grass seed, He saated the Seminole Sunrise Kiwanis would install the water system, and pay the monthly water bill. The City Manager reported that it could be handled within the City policy. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Ordinance No. 1558, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAIB ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY'~LYING BETWEEN GEORGIA AVENUE.AND NORTH CARO- LINA AVENUE AND BETWEEN WYLLY 'AVENUE AND MATTIE STREET; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXA- TION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVER- ABILITY, CONELICTS AND EFFECTIVE DATE. Was introduced, placed on first reading and read by title. The City Attorney reported that the survey and title search had been completed and he is almosa ready to file the papers for condemnation of two parcels~of property needed for expansion of the wastewater treatment plant,