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091481-Regular Session MINUTES City Commission, Sanford, Florida September 14 at 7:00 PM__1981 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 September 14, 1981. Present: Mayor-Commissioner Lee P. MoOre Commissioner Milton E. Smith Commissioner David T. Fart City Attorney William L. Colbert City Manager W. E. Knowles City Clerk H. N. Tatum, Jr. Absent: Commissioner Edward A. "Ned" Yancey Commissioner Eddie O. Keith The meeting was called to order by the Chairman. A public hearing was held in accordance with notice published in the Evening Herald on August 28, 1981, as follows: PUBLIC NOTICE A BUDGET HEARING WILL BE HELD ON SEPTEMBER 14, 1981 FOR ALL INTERESTED CITIZENS OF THE CITY OF SANFORD, FLORIDA. THE FOLLOWING BUDGET IS PROPOSED FOR FIS- CAL YEAR 1981 - 1982. Category Total of Ail Funds Revenue Sharing Fund Adm~fiistration Public Safety Public Works Recreation & Parks Special Projects & Expense $ 684,351.00 $2,622,852.00 $1,059,979.00 $ 466,693.00 $ 104,579.00 $348,953.00 The meeting will be held at the:Sanford City'..Hall for the purpose of discussion of the proposed budget at 7:00 P. M. The proposed budget may be examined on weekdays at the Office of the City Clerk between 8:30 A. M. and 5:00 P. M. Ail interested citizens will have the opportunity to give written.and oral comment. Senior citizens are encouraged to attend and comment. Publish: August 28, 1981. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed 1981-82 Revenue Sharing Trust Fund Budget. No one appeared. Commissioner Fart moved to authorize the City Attorney to prepare the proper ordinance to adopt same. Seconded 'by Commissioner Smith and carried. On motion of Commissioner Fart, seconded by Commissioner Smith and carried, Ordi- nance No. 1573, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, MAKING APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, FROM THE ANTICIPATED REVENUES TO BE RECEIVED FROM THE REVENUE SHARING ,TRUST FUND OF THE UNITED: STATES OF AMERIGA, .DURING THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982;-PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading.. A public hearing was held in accordance with notice published in the Evening Herald on August 28, 1981, as follows: MINUTES City Commission, Sanford, Florida _September 14 a_t__2~'00 P. M~_19 81_ MTDSwa?~ T,EGaT. ~TTDDT.V 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 September 14, 1981, to consider the Annual Budget for the fiscal year of October 1, 1981 to September 30, 1982, and a Capital Program. A copy 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 ~arties 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: August 28, 1981. 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. The Mayor announced that a second Public hearing will be held on September 28, 1981 to further consider the adoption of the 1981-82 budget and capital program. Commissioner Farr moved to authorize the City Attorney to prepare the proper ordi- nance to adopt the 1981-82 budget and capital program. Seconded by Commissioner Smith and carried. On motion of Commissioner Smith, seconded by Commissioner Farr and .carried, Ordi- nance No. 1574, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, MAKING APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982, PROVID- ING FOR SEVERABILITY, CONFL~TS AND EFFECTIVE DATE. was introduced and placed on first reading. A public hearing was held in accordance with notice, published in the Evefiigg Herald on August 28, 1981, as follows: NOTICE OF PROCEEDING FOR VACATING AND ABANDONING A PORTION OF A STREET RIGHT-OF-WAY 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 September 14, 1981, in the City Com' mission Room at the City Hall in the City of SanfOrd, Florida, will. consider and d~termine whether or not the City will close, vacate and abandon any right of the City and the public in and to a portion of Palmetto Avenue lying between East 28th Street and East 28th Place, being more particularly described as folloWs: That portion of the Palmetto Avenue street right-of-way ly- ing between and abutting Lots 7, 8 and 9 and Lots 25, 26 and 27, 2nd. Add. to Park View, PB 4, pg 5, Public Records of Seminole County, Florida.. MINUTES City Commission, Sanford, Florida September 14 at 7:00 P. M. 19.81 MIDSTATE LEGAL SUPPLY COMPANY The Chaizman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed street closing. The City Clerk reported notices were mailed to property owners on August 26 and September 1, 1981. The City Manager reported that the southeast half of Palmetto Avenue right-of-way between East 28th Street and East 28th P~ce is in Seminole County, and that the City would not want to vacate only the north half and create a dead-end street. Further, that he had discussed this with the petitioner, W. A. Cagle, and recommended the City vacate ghd West 10 feet of the street right-of-way, adjacent to Lots 7; 8 and 9, Park View 2nd Add., and retain same as a utility easement. W. A. Cagle, 2414 DeCottes Avenue, Sanford, appeared to support the closing of the west ten feet as presented by the City Manager. Commissioner Fart moved to authorize the City Attorney to prepare the proper ordi- nance to vacate and abandon Palmetto Avenue street right-of-way as recommended. Seconded by Commissioner Smith and carried. Alex Senkevich, District Manager, Florida Department of Environmental Regulation, appeard, d and reported that the Department of Environmental Regulation has undertaken a pro- ject to improve the St. Johns River water quality, and needed the support of various govern- mental entities, including Sanford, for a study to obtain funds to clean up storm water run- off from existing drainage ditches and pipes from 17-92 to Lake Washington, which are dis- charging urban and agricultural run-off into the St. Johns River, which ultimately contri- butes to water quality degradation. Commissioner Smith moved to endorse the proposal and authorize the City Manager to work with Mr. Senkevich on the p~oject. Seconded by Commissioner Fart and carried. Recommendations dated September 4, 1981 submitted from the Planning and Zoning Commission as follows: 1. Recommend denial of a Conditional Use for the sale of alcoholic begerages for consumption on the premises in the GC-2 zoned dis- trict. (1200 French Ave.) Reason: The feeling was that another alcoholic beverage establish- ment would not improve the area. 2. Recommend denial of a Conditional Use for used automotive sales in the GC-2 zoned district at 711 French Ave. Reason: The board felt there would be a parking problem for this typ~ of business since nothing definite was presented to assure adequate parking space for customers, employees and used autos for sale. Letter dated September 14, 1981 submitted from Kenneth W. McIntosh, with the law firm of Stenstrom, McIntosh, Julian, Colbert & Whigham, P.A., as follows: MINUTES City C~mmission, Sanford, Florida_ September 14 at 7:00 P.M. .19 81 MID,BTATE I.EGAL ,qIIPPI.¥ C~MPANY ' ' Mayor and City Commission City of Sanford City Hall Sanford, FL 32771 Gent lemen: Re: Western Bar 1200 French Avenue Conditional Use t As representative of First Shiloh Missionary Baptist Church, I have indirectly been advised, the above conditional use hearing has been scheduled before the City Commission Monday, September 14, ~981 We were specifically advised at the Planning & Zoning meeting that this matter would be heard at 7:30 p.m., September 28, before the Commission. Ail plans have been formulated with this date in mind. Commendement of the hearing September 14, without notice to participating parties would ambunt to a denial of due process. Please table this matter until September 28, or such other convenient time as shall appear proper considering the rights of all parties. Thank you for your consideration. Sinc er ely, STENSTROM, MclNTOSH, JULIAN, COLBERT & WHIGHAM, P.A. Kenneth W. Mclntosh kqFMc / dh Dale Gustafson appeared and stated his property is zoned GC-2, at 1200 South French Avenue, and which he is remodeling as a restaurant serving alcohol for consumption on the premises. He said it would be a western theme, with old cars, antiques and mannequins, and that he had received responses to his proposal as follows: Wayne and Linda Blecka, owners of property at 1215 South French Avenue -- in favor. Thelma Richards -- nothing against. Roy Swift -- vouch for Mr. Gustafson's integrity. Jany Wysong, 508 West 12th Street -- not opposed. Hunter Ice Company, 700 West 13th Street -- not opposed. He further stated he would have an off-duty policeman patrol the parking lot, which would be well-lit, well supervised and would be cleaned the following day. The Mayor stated that the distance from Mr. Gustafson's property and George's Tavern, 1011 South French Avenue, is 405 feet, and the distance from the front door of Mr. Gustafson's proposed restaurant to the front door of George's Tavern is 754 feet, and that the City Code Section 3-4 requires 500 feet distance between vendors of alcoholic beverages for consumption on the premises. .lm~_k grid~a.~, with the firm of Cleveland and Brid~es. appeared to represent Mr. MINUTES Se ,tember 1_4. at 7~00 P.M. 1!181 ._ ~D~TATE LEGAL SUPPLY COMPANY requires that 60% of the gross income be derived from food sales and not more than 40% be from alcoholic beverage sales. Further, that he felt the property owner should be able to utilize his property for the highest and best use and that Mr. Gustafson's plans meet all engineering, building and zoning, requirements. Those appearing in support of the proposed business Were as follows: Andrew Kutz, 209 East 10th Street, Sanford, appeared to suppor.t the proposed pro- ject. Peg Nicholson, 2904 Park Court, Sanford, appeared and stated this is a super con- cept. Clyde Nicholson, 2904 Park Court, appeared and stated he has been doing business with Mr. Gustafson off and on for the last five years, and .can vouch for.his honesty and Those appearing in opposition were as follows: Clayton D. Simmons,.Atto~ney with the firm~of Stenstrom, McIntosh, Julian, Colbert & Whigham, P.A., appeared'and:stated he rePresents the First Shiloh Missionary Baptist Church, and that they were told at the planning and Zoning meeting of September 3, 1981 that the matter would come before the City Commission on September 28, 1981, and that if the Commis- sion made a decision now, there would not-have been proper notice given. Frank Noell 600 South Elm Avenue, Sanford, appeared to .represent his father-in- law, Hugh Grief, owner of property 1100 South French Avenue, lessor to Sterchi's Furniture Store, and stated they oppose the use of alcoholic beverages. Hugh Grier appeared to represent his father, owner of property at 1100 South French Avenue, reported damage and vandalism caused by drunks throwing beer bottles on the roof and in the parking lot, breaking windows and writing on walls. Ernest M. Southward, Paola Road, Lake Mary, appeared to represent his father, Ira Southward, owner of property at 1114 South French Avenue, and stated he was happy to see the improved appearance of the building, but they are opposed to the proposed type of estab- lishment. Commissioner Farr~moved to continue to September 28, discussion of the request for conditional use of sale o~ alcoholic beverage for consumption on the premises at 1200 South French Avenue, and to authorize notices in accordance with City. Code.'Chapter 3, Section 3-4. Seconded by Commissioner Smith and carried. ~' Commissioner Farr moved to uphold the action of. the Planning and Zoning Commission to deny a conditional use of the property at 711~ French Avenue~as a used. ca~ lot. Seconded by Commissioner Smith and carried. The City Manager reported that Mr. ~layton Thomas has submitted plans to install a drive-through window at his Bar~B~Qe:~,Restaurant at .1926 West 13th Street. Mr. Thomas appeared to support the request, MINUTES ''Ci~ Commission; Sanford, Florida Sept~e~!b.e_r 14 a:¢__7:00 P. M~19 81_ MIDSTATE LEGAl. glIPPI.¥ COMPANY and four on-site parking stalls Sec:onded By~;~Commissioner Smith and carried, Letter dated September 10, 1981 submitted from John Daniels, Chairman, Sanford Airport Authority, stating"'that the ter.ms'of;~Board members'John Mercer and Robert W. Birks expire September 30, 1981; both desire to serve another term and the Sanford Airport Autho- ?-- rity recommends, on the re-appointemnts. Commissioner Fart moved'to authorize said re-appoint- ments. Seconded by Commissioner Smith and carried. Petition for annexation submitted from Thomas S McDonald, Trustee, ~ner~of prop- erty between Silver Lake Drive~:and Pine Way and between Mellonville Avenue extended south- ~-- erly and Ohio Avenue extended southerly, more particularly described as follows: The North 1320 feet of the Northeast ~ of the Northeast ~ of Section 18, Township 20 South, Range 31 East. The City Clerk reported that the Petition has been certified by the Seminole County Property Appraiser. Commissioner Fart moved to authorize the .City,Attorney to prepare the proper ordi- nance to annex said property. Seconded by Commissioner Smith and carried. On. motion of Commissioner smith, seconded by COmmissioner Farr and carried, Ordi- nance No. 1572, 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 LYING BETWEEN SILVER lAKE DRIVE AND PINE WAY AND BETWEEN MELLONVILLE AVENUE EXTENDED SOUTH- ERLY AND OHIO AVENUE EXTENDED SOUTHERLY; SAID PROPERTY BEING SITUATED IN SEMINOLE COU~, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY AN- NEXATION PROVISIONS OF SECTION 171 044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading. The City Clerk reported that Ordinance 1563, amending the Occupational License Fees., increased the unit cost by 50% for merchants, however, a merchant has said that their :. , : license was over $300.00 last year, and FS 205.043 (1)(b) provides that if the prior years license fee was over $300.00, the new license fee cannot be more than 125% of that amount. The City Attorney submitted an opinion dated September 14, 1981 as follows: Mayor and City Commission City of Sanford Sanford, Florida 32771 - ~: RE: Oce. Ppati°nal License Fees Dear Gent~temen: By Ordinance No. 1563 pasSed and adopted July 14, 1981, the Commission established a new schedule of occupational license taxes. This :was permitted by Section 205.043, Florida Statutes. A copy of the Statute is attached for your re- view. In attempting to enforce the Ordinance, Mr. Tamm has encountered ~i.ff%C~t:gyand has a~ked for an opinion. The State ~overns~w much the increase can be as follows: MINUTES City Commission, Sanford, Florida September 14 a_t _7: 0O P.__M_~ 19_8~__ 100% for occupational'tlicense taxes which are $100.00 or less; 50% for occupational license taxes which are between $101. and $300.; and 25% for occupational license taxes which are more than $300.00. Based on the language of the Statute I would conclude if a business was previously paying an occupational license tax in excess of $300., any increase would be limited to a maximum of $25%. In addition, the statute provides that the authority to in- crease occupational license taxes shall not apply to any licenses granted to any utility franchised by the munici- pality for which a franchise fee is paid. I would there- fore conclude that the City is without authority in in- crease (sic) fees to franchised utility services. Finally, I believe the form of Ordinance No. 1563 is legally suffi- cient and does not need to be changed. But, the enforce- ment must be done in conjunction with the limitations placed by Section 205.043, Florida Statutes. If I may be of further assistance, please feel free to con- tact me. Sincerely, STENSTROM, McINTOSH, JULIAN, COLBERT & WHIGHAM, P<: A., William L. Colbert /pkc Pete Knowles Henry Tamm The Commission_ authoki.zed:the interPretagion 'of O'rdinance No. 1563 to be in accord- ance with and in conjunction with Florida Statutes. A public hearing was held in accordance with notice published in the Evening Herald on August 13, 20, 27 and September 3, 1981 as follows: NOTICE OF A PUBLIC HEARING ~TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA. Notice is hereby-given that a Public Hearing will be.held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on September 14, 1981, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1567 At~ ORDI:;ANCk' ©F T;i£ CITY OF .qA,~,F?I.,D, !'1 LILA, TO ANNEX ~'I'?IlIN THE COi~I'OPG, TE AI;.~A OF T,,t: ~ITY OF ShNF(}RD, FLOt, ID~, UPON ADGI~T]2N OF ORDIN~iCE, A }-uRTION OF THAT CEkl'A]'J LYIN~ EAST OF A~:D ABUTT1NG THE I~Fi'ERS[ COU~ITRY CLUB P('AD AND CR 46 A(25TiI STh? T,' SAID PEOPLR'I'Y }~):ING SUTUATED 1:1 FLORIDA, IN ACCr~I,DANCE %':ITII THE VO].U~iTARY TION PNOVISlo:~S OF SECTION 171.041, FLORIDA S'rATOTUS: PROVIDING FOR SEVE~BILITY, CO:~FLICTS, ~4D EFFECT1V~ DATE. WIIEREA$, there has been filed with the City Clerk of the City of Sanford, Florida, a petition containing tile of the property owners in the area described hereinaf.ter request- in~ annexation to the corporate area of [he Clt), of Sanford, Florida, and requcstin'g to'be-incl]~ded thereln; ~nd %'/HEREA$, the Property Appral~er of Seminole County, Florida, having cer[lfled that there aIe two-property owners the are~ to be annexed, and that said properliy o~'ners have signaled MINUTES, City CommisSion, Sanford, Florida_ $~ t~er l~_at__7_: 00_ P. ~. .__19 81 WHEREAS, the City of Sanford, Florida, is in a. position to provide municipal services to the property described here&n, and the City Commission of the City of Sanford, Florida, deems it in the best interest of the City of accept said petition and to annex said property. NOW, THEREFORE,. BE IT ENACTED BY THE-PEOPLE OF THE CITY '6~ S~FORD, FLO~fbf: SECTION 1: That the following described property. situated in Seminole County, Florida, be and the same ~s hereby annexed to and made a part of tt~e CiLy of Sanford, Florida, pursuan~ to th~ vpluntary annexation. Drovlslons of. Sectio~ 171.044, Florida Statutes; Th.aVe p~t of Lot 54, New Upsala, Plat Book 1, Page 67, lying south_pr Country Club Roa~, less part-in ~oa~, and sub)ect as part less West 5 chalns to reserva:io~ of State Road Easementf The above described p~operty is fur{her des- cribed as a port,on of that certain property lying east of and abuttzng the intersectl.on of Country Club Roa~ and CR 46~A {25th Street); said property beLng situated in Seminole County, Florida. SECTION 2: That upon this ordinance becoming effective the property owners and any resident on the property described here~n shall be entitled to all the rights and privileges and immunities as are from t~me to t~me granted to residents and property owners of the City Of Sanford, Florida, and as are further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of residence or ownership as may Zrom time tO txme be determined by ~he govern- · ng authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statu~es. SECTION ]: If any section or port,on of s section of this Ordinanc~ proves to be i6valid, unlawful Or unconstitutional, it shall not De held to lnvaliddtc or impair t~e validity, force or effect of any ~ec~lon or par% Of this ordinance. S£CTION 4: That al) ordinances or par~s of Ordinances in conflict herewith be and tn*~ ~aP,3 are hereby A copy shall be availabl:e at .the Office:Of the persons desiring to examine the same. Ail parties in interest and citizens shall.have to be heard at said hearing. City Clerk for all an opportunity By order of the City Commission of the City' of Sanford, H. N. Tamm, Jr. City Clerk Publish: August 13, 20, 27 and September 3, 1981. Florida. Ordinance No. 1567, 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 LYING EAST OF AND ABUTTING THE INTERSECTION OF COUNTRY CLUB ROAD AND CR 46 A(25TH 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 SEVERABILITY, CONFLICTS , AND EFFECTIVE DATE. ~,ermH,,~H mna nlm~md mn firmt readin~ at meetinm of Aumust 10. 1981 was next placed ..77 \ City Commission, Sanford, Florida Septemk~r_JL4 at__7_:(10 P.M. t9~_1_ ~DSTATE LEGAL SUPPLY CO~'~Ny Commissioner Fart moved on the passage and adoption of Ordinance No. 1567. Seconded by Commissioner Smith and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1567, 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 LYING EAST OF AND ABUTTING THE INTERSECTION OF COUNTRY CLUB ROAD AND CR 46 A (25TH 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 SEVERABILITY, CONFLICTS , AND EFFECTIVE DATE. A public hearing was held in accordance with notice published in the Evening Herald on August 13, 20, 27 and September 3, 1981, 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 Hall in:the City~'~_0~f Sanford, Florida, at 7:00 o'clock P. M. on September 14, 1981, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1568 AX OKDI'~A:~j! ~! THE C:TY C!' cZ':',%RD -~'LCKI~A TO AL~,!,X Li ~IN THE CCKFC~'~FK ALY~ ~}' Th~d SAID C~:~i:,.:,'~CE. ;, FCLTION CF TI{AT CERTAlh PROPERZ'Y i%'I~G i{ETWLE~; COUNTRY CLUB RO.hD AND CR 46.% [25TH ST~ET) AND WEST OF AIR- PORT BOU[.EVA}~D; SAID P~DP~:R2Y BEING SITU- ATED ltl SE~%INt)I,E COUNTY, FI,~RIDA, IN ACCORD- A~;CE WITH Tli~ VOLUI;TAf{Y AK~:E~q'iON I'~<6'V/S1ONS OF SECT]ON ]71.C44, FLORIDA STATUTES; PI{O- VID1NG }'OR SLVE~BLITY, CONFLIC1S AND EFFECTIVE GATE. WllERCAS, there has been filed with the City Clerk of the City of Sanford, Florida, a petition containln9 the name of the property owner ~: the area described hurelr, dfter questing annexation to the corporate area of the Clty of Sanford; and NHE}~AS, the Property Appraiser of Seminole Count),, Florida, having, certifie~ that there is one property owner in [he area to be annexed, and that said property owner has' signed the petition for annexation; and WIlE~AS, ~t ~s been determined that the property d¢scribed hereinafter is reasonably compact and cor~tlguous the corporate, area ~ the C1%y o~:Sanf~rd, ~Ftorida, -and ~t has further peen determined tha~ the annexation of said property will not result in th~ creation of an enclave; and WHEP~AS, the City of Sanford, F]orida, is in a position to provide munlcipal services to the property d¢scribud herein, and the City Commission of the City of San~ord, Florida, deems it in the best interest of the City of accept said petltion and to al~nex said proper%y. NOW, THEREFOr, BE IT ENACTED BY THE PEOPLE OF THE C~TY OF SANFORD, FLORIDA: SECTION 1: That the following described property situated In Seminole County, Florida, be and the same ~s hereby pursuan[ to the voluntary annexation proviBlons o~ Section 171.044, Florida Statutes: MINUTES · ~citY Commission,: Sanford, Florida September 14 at 7:00 P. M.__1981 The above described property ~s further described as a kort~on o-f that certaxn property lying between Country Club Road and CR 46A (25t~ Street) and west of Alx- port Boulevard; ~aid property being situated in SemLnole County, Florida. SECTION 2: That upon this Ordinanoe becoming effective the property owners and any resident on the property described her~i_n s'hal~ ~_entitle~ to all th~'right~-ana ~ri~i~eg.es and' in. unities as are from time to time granted to residents and property owners of the City of Sanford. Florida. and as are further provided in Chapter 171, Florida Statutes, and shall further be sub3ect to the responsibilities of residence or ownership a~ may from time to time be dete~rmined by the govern- ln~ authority of the City of Sanford. Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or portion of a section of this Ordinance proves to be ~nvalid, unlawful, or unconstitutional 1~ shall not be held to invalidate or impair the validity, force or effect of any aectioh or part of this ordinance. SECTION 4: The( ail Ordinances or pa~r~S ~ Ordinances in conflict herewith be and the aame are hereby repeale~. SECTION 5: That th.r~ Ordlrance Slmll b~c'ome eff6ctive 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. Tame, Jr. City Clerk Publish: August 13, 20, 27 and September 3, 1981. Ordinance No. 1568, 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 LYING BETWEEN COUNTRY CLUB ROAD AND CR 46A (25TH STREET) AND WEST OF AIR- PORT BOULEVARD; SAID PROPERTY BEING SITU- ATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORD- ANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PRO- VIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of August 10, 1981 was next placed on final reading. After being read bY title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed ordinance. No one appeared. Commissioner Smith moved on the Passage and adoPtion of Ordinance No. 1568. Secon- ded by Commissioner Farr and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1568, entitled: City Commission, Sanford, Florida__ S .S_~ptember 14 at 2:00 P__.___M .___19 81 AN ORDINANCE OF THE CITY O.F. 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~ LYING BETWEEN COUNTRY CLUB ROAD AND CR 46A (25TH' STREET) AND'WEST OF AIR- PORT BOULEVARD; SAID PROPERTY BEING SITU- ATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORD- ANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PRO- VIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with notice published in the Evening Herald on August 31, 1981, 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 Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on September 14, 1981, to consider the adoption of an ordinance by the City of Sanford, Florida, title of~ which is as fol- lows: ORDINANCE NO. 1570 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY, SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CER- TAIN PROPERTY LYING BETWEEN UfoS. HIGHWAY 17-92 AND HOSPITAL ROAD AND SOUTH OF LAKE MARY BOULE- VARD FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT.~ TO GCc2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy shall be available at the Office of the.City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. Rosa M. Rotundo Deputy City Clerk Publish: August 31, 1981. Ordinance No. 1570, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORD:INANCE NO. 1097 OF SAID CITY, SAID ORDINANCE-BEING A ZONING PLAN; SA:ID AMENDMENT CHANGING THE ZONING'~ OF A PORTION OF THAT CER- TAIN PROPERTY LYING BETWEEN U.S. H~.GHWAY 17-92 AND HOSPITAL ROAD AND SOUTH OF LAKE MARY BOULE- VARD FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING)' DISTRICT ~0:GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of August 24, 1981, was next placed on final reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed ordinance. No one appeared. Commissioner Farr moved on the passage and adoption of Ordinance No. 1570. Secon- MINUTES City Commission, Sanford, Florida September__14 at 7:00 P. Thereupon, the Chairman announced that the'City COmmissiOn 'of the Cityi':df Sanford, Florida, had passed and adopted said. Ordinance No. 1570, 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 A PORTION OF THAT CER- TAIN PROPERTY LYING BETWEEN U.S. HIGHWAY 17-92 AND HOSPITAL ROAD AND SOUTH OF LAKE MARY BOULE- VARD FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS .... AND~: EFFECTIVE DATE." A public hearing was held in accordance with notice published in the Evening Herald on August 31, 1981, as follows' NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION ' 'OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA. Notice~iS: hereb'ygiven 'that"a~ Public Hearing will be held at the Commission Room in the City Hall in the City 'of"Sanford, Flozida, at 7:00 o'clock P. M. on September 14, 1981, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as fol- lows: ORDINANCE NO. 1571 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ADOPT VARIOUS STANDARD CODES AND AMENDMEb~fS AND REVISIONS THERETO RELATING TO INSPECTION ACTIVITIES OF :THE CITY OF SANFORD AND ENFORCE- MENT OF BUILDING PROVISIONS AS PROVIDED IN SAID CODES , PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A co~y 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. Rosa M. Rotundo ~ Deputy City Clerk Publish: August 31, 1981. Ordinance No. 1571, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ADOPT VARIOUS STANDARD CODES AND AMENDMENTS AND REVISIONS THERETO RELATING TO INSPECTION ACTIVITIES OF THE CITY OF SANFORD AND ENFORCE- MENT OF BUILDING PROVISIONS AS PROVIDED IN SAID CODES, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting 'of August 24, 1981,.was next placed on final reading. After being read by title, the.Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed ordinance. N° one appeared. -Commissi.oner Farr mov.ed on the passage and adoption of Ordinance No'.:.1571. Secon- ded by Commissioner Smith and carried. . T. hereuoon, the Chairman announ6ed that-the City COmmission of the City of Sanford, MINUTES City Commission, Sanford, Florida September _14 at 7'00 P_~__~M.__~.9.81_ AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ADOPT VARIOUS STANDARD CODES AND AMENDMENTS AND REVISIONS THERETO RELATING TO INSPECTION ACTIVITIES OF THE CITY OF SANFORD AND ENFORCE- MENT OF BUILDING PROVISIONS AS PROVIDED IN SAID CODES, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Minutes of August 24, 1981 were approved, On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Vouchers for the month of August, 1981 were approved as follows: General Fund, Elagmhip Bank of Seminole-DT, goucher No. 8347 thru 8356. Refuse Collection & Disposal Fund, Flagship Bank of Seminole, DT1, Voucher No. 184 thru 187. Water & Sewer Revenue Fund, Flagahip Bank of Seminole, DT1, Voucher No. 1986. Policemen's Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 576. Firemen's Relief and Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 407. Central Paying Account, Flagship Bank of Seminole, DT1, Voucher No. 31570 thru 31800. Utility Service Tax, Atlantic National Bank of Seminole, Voucher No. 225 and 226. Utility Trust Fund, Flagship Bank of Seminole, Voucher No. 63 and 64. Public Improvement Revenue Fund, Flagship Bank of Seminole, DT1, Voucher No. 85 thru 87. The City Manager reported that the Sanford Housing Authority has leased warehouse space at the Sanford Airport, for st~mage of materials for their housing rehabilitation pro- gram. Commi86ioner Farr moved to authorize the City to take over the lease and sell the materials at auction, in accordance with U.S. HUD regulations. carried. Manager. Seconded by Mayor Moore and Condemnation Group 65, Reports Nos. 81-999 through 81-1001, submitted _from the City The City Manager reported these are structures purchased und~.m the Sanford Housing Authority rehabilitation program, and that HUD has approved their condemnation and demoli- tion. Commissioner Farr moved to authorize a public hearing to be held September 28, 1981, to consider same, and to authorize notices to be sent to the owners as extended on the last tax roll. Seconded by Mayor Moore and carried. On recommendation of the City Manager, Commissioner Fart moved to authorize pay- ment in amount of $1,426.48 to the Florida League of Cities for 1981-82 dues, from the 1981- 82 budget. Seconded by Commissioner Smith and carried. The City Manager reported receipt of a.r~quest for an additional street light on Summerlin Avenue between 13th Street and lath Street. On recommendation of the City Manager, Commissioner Fart moved to relocate an existing light and install a new one. Seconded by Commissioner Smith and carried. Letter of resignation from the Advisory Charter Committee submitted from Dr. Harry MINUTES City Commission, Sanford, Florida September 14 at 7:00 P. M. 19_ 81 Manager, submitted as follows: MEMORANDUM: To: City Manager ~: ~.. 'Se tember 1, 1981 From: City ~Engineer/Utility Director Re: New Position-Customer Service Rep. J Mr. Knowles: Attached is a list of the approved positions for the Utility Department from budget years 1975-76 through 1980-81. As you can see we have come from eight to six and one-half positions. I would like to request that the position "summer help" be made a permanent fUll time position. At present there are only three people at the counter to take care of customers (both Utility and Finance), answering four telephones, radio and do the administrative work. This is'too much, with reference to being able to process work correctly and in a timely fashion, and still be pleasant to a cUst°mer~that walks up to the counter. Customers~d0 not-understand when an'employee cannot give their undivided attention to them when they have taken their time to come to City Hall. Our employees can no longer do this due to answering the telephones and the radio. When a customer comes in upset at the start (bill to high, sewer backing up, .etc.) we, at present, do not have the-time to do a proper job of "put- ing a smile on his face before he leaves". I f'eel 'by adding an eXtra'PersOn a~ the counter these problems can be eliminated. Also, we are having to do more of the actual computer file maintenance, research and input with the in-house system than we had with the service bureau. It is my thought, however, that these problems will be relieved some by-the filling of the Supervisor position. This request can be accomplished if we can continue the temporary position indefinite on a ninety day basis until next budget year. ' I would like to' go ahead with outside qualified applicants, for the Supervisor Position, 'I will do the training and it may take 'six months. On recommendation of the City Manager, Commissioner Fart moved to authorize same, and to transfer funds within the Utility Department's 1981-82 budget. Seconded by Commissioner Smith and carried. The City Manager reported that legal advertising fees are approximately $149.00 for each annexation petition, ~nd there is no fee charged to cover same. Commissioner Fart moved to authorize the City Attorney to prepare the proper Resolution to set a fee of $150.00 for annexations. Seconded by Commissioner Smith and carried. The City Manager Submitted a renewal of an Employment Agreement between the City City Commission, Sanford, Florida _Spptember 14 at .7_.'Q00P. M_, 198!__ EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF SANFORD, FLORIDA, hereinafter called "City" and WARREN E KNOWLES, hereinafter called "City Manager" both ' of whom understand as follows: Severance Pay In the event of the involuntary separation of Warren E. Knowles as City Manager after twenty years of service as City Manager, he shall receive a lump sum payment equal to four months aggregate salary. Involuntary separation as used in this paragraph means his discharge or dismissal by the City .Commission or his resignation following a salary reduction greater in percentage than an across-the-board reduction for all City employees, or his resignation following a suggestion, whether formal or informal, to him by the City Commission that he resign, or his resignation following any of the prerequisites herein specified. Vacation The City Manager shall be entitled to the same vacation time and benefits as allowed regular City employees that work or are on call for holidays. DATED this day of , 1981. CITY OF SANFORD, FLORIDA CITY COMA{ISSION The City Manager reported costs of extra crews from the street division for work on the Spring Clean-up through September 10, 1981, as follows: Equipment Personnel Personnel benefits $15,730.00 12,928.01 3,038.08 Total $31,696.09 On recommendation of the City Manager, Commissioner Fart moved to authorize salary reclassifications?foz employees as follows: 1. Richard Poovey Police Officer C to D $ 14,758.- 2. Doug BL~hop Police Lt. E to F 20,962.- 3. Richard Nooney Police Lt. E to F 20,962.- 4. Joe Lewis Mickle Parks, Maint. Worker I E to F 10,692.- 5. Josh Black Parks, M~nt. Worker I C to D 9,455.- 6. Robert Dickerson Parks, M~.int. Worker I D to E 10,055.- 7. Jerry ~n Pub.Wks.-St.-Heavy Equip. Opt. E to F 14,427.- 8. John Prather Pub.Wks.-St.-Field S~.'pervisor D to E 15,109.- 9. James Hensley Pub.Wks.-~laint.-Tradesworker D to E 12,557.- 10. Clarence Johnston Pub.lNks.-M~int.-Custodian D to E 10,055.- IV[IDSTATE LEGAl. SUPPLY 'COMPANY MINUTES City CommissiOn, Sanford, Florida. September !_4__at 7:00__P_~_M_.19 81 14. James Bennett Pub.Wks.-Refuse-Ref.Collector E to F 11,315.- 15. Eddie Key " " " " " E to F 11,315.- 16. Jobnnie Cain " " " " " E to F 11,315.- 17. Mitchell Tindel Police Officer E to F 16,690.- Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Fart moved to approve a contrac! with Greene and Bycus, C.P.A.s, for Audit Services of the U S. Department of Housing and Urban Development Community Development Block Grant, subject to approval by HUD. Seconded by Commissioner Smith and carried. The City Attorney reported that in the suit of the City vs. City Chemicals, the court entered an order declaring the chemical storage site off Jewett Lane. a hazardous waste area, and also entered an order denying the defense's motion to set aside the City's default motion. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Ordi- nance No 1575, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 2-5.1 OF THE SANFORD CODE TO PERMIT TRAVEL EXPENSES FOR CITY OFFICIALS AND EMPLOYEES TO BE PAID AS PROVIDED BY THE GENERAL LAWS OF THE STATE OF FLORIDA; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Farr, secOnded by Commissioner Smith and carried, Ordi- nance No. 1576, entitled: AN ORDINANCE oF THE'CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097, SAID ORDINANCE BEING THE COMPREHENSIVE ZONING: REGULATION OF THE CITY OF SANFORD, FLORIDA, PROVIDING A DE- FINITION OF"MINI-WAREHOUSE"; PROVID~]G OFF- STREET PARKING REQUIREMENTS; PROVIDING FOR .SEVERA~ILITY, CONFLICTSAND~'EFFECTIVE'DATE.~, was introduced and ~laced on first reading. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Ordi- nance No. 1577, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACATING THAT CERTAIN ALLEY LYING NORTH AND SOUTH BETWEEN 8TH STREET AND 9TH STREET AND BETWEEN BAY AVENUE AND MELLONVILLE AVENUE; RESERVING UNTO THE CITY A UTILITY EASEMENT; PROVIDIN~ FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Mas introduced and placed on first reading. The Mayor reported that he had discussed with the lessees, complaints about the operation of the Mayfair Country Club. The City Attorney reported that the lease of the Sanford Golf Course and Country Club to Seminole Club, Inc., dated March 11, 1981, Section 16, requires that the renovation MINUTES City Commission, Sanford, Florida September !4 a___E_t ~_tO0 P. _M .... the lease ~for improvementS.~' Further, that if'on October 1, 1981, improvements are not made as outlined in the lease, the City can send a notice'to the lessee, giving 60 days to bring the property into compliance, and if it is not brought intO compliance, the City can declare the lease in default. . ~ There being no further;business, the meeting Was adjourned. ATTEST: MAYOR js