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110981-Regular Session MINUTES City Commission, Sanford, Florida November__9_at 7:00 P. M. MIr)~TATI~, T.F.C'.AT. gTTPDT,¥ COMPANY The City Commission oft.~.he'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 November 9, 1981. · Present:' Mayor~Commissioner Lee.~P. Moore Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner David T. Fart Commissioner: Edwin O. Keith City Attorney William L. Colbert City Manager W. E. Knc4~les' City Clerk H. N. Tamm, Jr. The meeting was called tooorder by the Chairman. A public hearing was held in accordance with notice published in the Evening Herald on October 26, 1981, as follows: NOTICE OF PROCEEDING FOR VACATING AND ABANDONING A PORTION OF A UTILITY/DRAINAGE EASEMENT TO WHOM IT MAY CONCERN: You wilI take notice that the City Commission of the City of Sanford, Florida, at 7:00 o'clock P. M. on November 9, 1981, in the City Com- mission Room at the City Hall in the City of Sanford, Florida, will consider and determine whether or not the'City will vacate and aban- don any right of the City and the public-in and to a portion of a north-south utility/drainage easement lying'between Wildwood Drive and Loch Low Lake, ~urther described as follows: The East 2.5 feet of the West 10 feet of the South 24,7 feet of the North 69.45 feet of Lot 10, Ramblewood, according to the plat thereof as recorded in Plat Book 23, Pages 7 and 8 ef the Public Records of Seminole County, Florida. Persons interested may appear and be heard at the time and place speci- fied, City commission of the City of Sanford, Florida By: H. N. Tatum, Jr. City Clerk Publish: October 26, 1981. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed vacating. No one appeared. The City Clerk reported that notice was sent to the abutting property owner, Linda C. Clark, on October 26, 1981. Commissioner Yancey moved to authorize the City Attorney to prepare the proper ordinance to vacate and abandon a portion of the utility/drainage easement. Seconded by Commissioner Smith and carried. The Mayor reported that he will be unable to attend the East Central Florida Re- gional Planning Council Metropolitan Planning Organization meeting on November 19, 1981 in the Ai~ammnte Springs City Hall. Commissioner Yancey moved to appoint Commissioner Keith as the Mayor's ~epresentative at said meeting. Seconded by Commissioner Smith and carried. On motion of Commissioner Keith, seconded by Commissioner Yancey and carried, MINUTES .City Commission, Sanford, Florida November ~_at__~: 00_ P. _~M. 19. 81 MIDS'I'A'fPS L~[SAL, ~UPPLY L;C)MP'~xN¥ AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF THAT CERTAIN UTILITY/DRAINAGE EASEMENT IN THE CITY OF SANFORD, FLORIDA, RUNNING IN A NORTH- ERLY AND SOUTHERLY DIRECTION AND LYING BETWEEN WILDWOOD DRIVE AND LOCH LOW LAKE; PROVIDING AN EFFECTIVE DATE. was introduced and placed on first reading and read in full. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Ordinance No. 1585, 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 ORDI.NA-NCE, A POR- TION OF THAT CERTAIN PROPERTY LYING BE- TWEEN JEWETT LANE AND THE SEABOARD CO~ST LINE RAILROAD RIGHT-OF-WAY AND LYING WEST OF BEVIER ROAD; SAID PROPERTY BEING SITU- ATED 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, placed on first reading and read in full. A public hearing was held in accordance with notice published in the Evening Herald on October 30, 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 November 9, 1981, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1583 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 COUNTRY CLUB ROAD AND WEST 25TH STREET (CR 4~A) AND BETWEEN AIR- PORT BOULEVARD AND THE OLD LAKE MARY ROAD FROM MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; ]~?ilZPROVIDING FOR SEVERABILITY, CONFLICTS AND EF- fECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. H. N. Tamm, Jr. City Clerk Publish: October 30, 1981. Ordinance No. 1583, entitled: MINUTES City Commission, Sanford, Florida November 9 at 7:00 P_~_~__19 81 MTn~'e&TF, T,F, GAT, STTPPT,Y GOMPANY 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 COUNTRY CLUB ROAD AND WEST 25TH STREET (CR 46A) AND BETWEEN AIR- PORT BOULEVARD AND THE OLD LAKE MARY ROAD FROM MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EF- FECTIVE DATE. introduced and placed on first reading at meeting of October 26, 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 adoption of the ordinance. No one appeared. Commissioner Keith moved on the PaSsage and adoption of Ordinance No. 1583. ded by Commissioner Yancey and carried. Secon- Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1583, 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 COUNTRY CLUB ROAD AND WEST 25TH STREET (CR 46A) AND BETWEEN AIR- PORT BOULEVARD AND THE OLD LAKE MARY ROAD FROM MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EF- FECTIVE DATE. On motion of Commissioner Smith, seconded by Commissioner Farr and carried, Minutes of October 26, 1981 were approved. On motion of Commissioner Fart, seconded by Commissioner Yancey and carried, Vou- chers for the month of October, 1981, were approved as .~ollows: General Fund, Flagship Bank of Seminole-DT, Voucher No. 8367 through 8375. Refuse Collection & Disposal Fund, Flagship Bank of Seminole, DT1, Voucher No. 192 through 198. · Water & Sewer Revenue Fund, Flagship Bank of Seminole, DT1, Voucher No. 2004 throug! 2012. PoliCemen's Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 578 and 579. Firemen's Relief and Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 409 and 410. Central Paying Account, Flagship Bank of Seminole, DT1, Voucher No. 32073 through 32536. Utility Service Tax, Atlantic National Bank of Seminole, Voucher No. 232. Utility Trust Fund, Flagship Bank of Seminole, Voucher No. 68 through 71. Public Improvement Revenue Fund, Flagship Bank of Seminole, DT1, Voucher No. 88. 1953 Sinking Fund Reserve, Flagship Bank of Seminole, DT1, Voucher No. 48. Renewal & Replacement, Flagship Bank of Seminole, Voucher No. 204. Revenue Sharing Trust Fund, Flagship Bank of Seminole, Voucher No. 199. M I N U T 'E S City Commission, Sanford, Florida November 9 at 7:00 P. M..1981 The Mayor next presented a service pin to Police Chief Ben E. Butler, in recogni- tion of 30 years employment with the City. On motion of Commissioner YanCey, seconded by Commissioner Smith and carried, discussion of merit raises for department heads was removed from table. The City Manager submitted a proposed one-time merit increase plan for six depart- ment heads, based on ~/o per year of service in that position, with total cost in amount of $5,613.48. Commissioner Farr reported he had received complaints from citizens opposing the proposed merit raises for department heads. Commissioner Yancey reported he had also received complaints, and that he felt there was no "merit" involved when a group of!:people were given a raise, based on longevity. The Commission authorized the City Manager, Assistant to the City Manager and Department Heads to meet, discuss available criteria on'which to base merit raises, establish criteria for department heads merit pay raises, and make a recommendation to the Commission on same. The City Manager reported that property lying between Country Club Road and West 25th St (CR 46A) and west of Airport Boulevard, annexed by Ordinance No. 1568 on September 14 1981, is not contiguous to the City and therefore does not meet the requirements to be an- nexed. Said property being further described as follows: The Northerly 465 feet of the following described property: Beginning 179 feet West of the SE corner of Section 34, Township 19 S, Range 30 E, run North 12 1/2 chains, West 184 feet, S 12 1/2 chains, E 184 feet to point of beginning. Commissioner Smith moved to authorize the City Attorney to prepare the proper ordinance to rescind Ordinance~No. 1568. Seconded by Commissioner Yancey and carried. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Ordi- nance No. 1586, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO REPEAL ORDINANCE NO. 1568 WHICH WAS PASSED SEPTEMBER 14, 1981 SAID ORDINANCE ANNEXING WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, ' FLORIDA A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND CR 46A (25TH STREET) AND WEST OF AIRPORT BOULEVARD; -PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECT~IVE DATE. was introduced, placed on first reading and read in full. The City Attorney reported that Mrs. Freeman, one of the owners of the property at 819 West Third Street, Condemnation Group 50, Report No. 80-960, had asked the Building Division how much time she could have to demolish the structure herself and the procedure for same. Mr. Colbert stated he had written her attorney to stipulate in writing the re- quest and felt that 90 days would be adequate. The City Attorney reported on the case City of Sanford vs City Chemical Industries, MINUTES City Commission, Sanford, Florida November .9 at 7:00 P. M..19 81 MIDSTATR LEGAL ,ql~PPl,Y GOMPAN¥ Leffler, to consider further contempt proceedings against the defendants. The City Attorney reported'that the City has asked the court to bring the Downtown Development Corporation case to trial, and that would;probably take place after Christmas. 'The City Attorney reported on the condemnation prOceedings to obtain land necessary for expansion of the sewer'treatment plant, that a hearing for an Order of Taking is scheduler for December 4, 1981 at 9:30 A. M. before Judge Davis, and that if the City is successful at this hearing, it will receive possession of 'the property, after depositing the proper court registry money. The City Attorney reported that Dale Gustafson had filed a suit against the City for denying the zoning for sale of alcoholic beverages for consumption on the premises at 1200 French Avenue. The City Manager submitted proposed rules for use of the Marina facilities by other than the businesses located there, as follows: Marina'ISle Boating Events R egu lat ion s Boating events on the marina isle~ in which thirty (30) or more boats are taking part and being overs~ix (6) hours in duration (arrival time to departure time); shall first obtain a free permit for the use of the City property and launching facilities. Theapplication must~be submitted at teast two (2) weeks prior to the event. The permit application must include the following information: a) Name, address, and telephone number of the organization requesting the use. b) A full description of the event and number of boat 'unitS entered¢: c) The date and time for the use of the City property'and/or facilities. The applicant shalllfurnish two (2) port'o-lets for the event and a copy of the executed port-o-let contract papers shall be submitted wi~h the permit application. Over fifty (50) boating units, four (4) port-o-lets shall be required. The application shall be accompanied by a fifty ($50.00) dollar deposit for clean-up. If the user cleans up the area prior to vacating it, the deposit will be returned. The selling or dispensing of food or beverages must first be approved by the City of Sanford. The applicant shall list all food or beverages to be sold or dispensed. No commercial concessionaires will be permitted on the marina isle. ' " Parking shall be controlled and orderly. This is the responsibility of the sponsoring organization. There shall be no parking-on lawns and within the areas of the existing businesses located on the marina isle. CITY OF SANFORD November 9, 1981 Commissioner Yancey moved t° authorize same. Seconded by Commissioner Fart and carried. MINUTES City Commission, Sanford, Florida. November 9 at 7:00 P. M. .~9 81 ment of Transportation has pushed back to their 83-84 budget year the installation of a replacement traffic signal at 25th Street and Park Avenue. The City Manager reported changes in Chapter 81-245, Florida Statutes, regarding copy work. On recommendation of the City Manager, Commissioner Keith moved to amend City Policy regarding copy work in accordance with state law, as follows: POLICY MANUAL Subject: COPYING CITY RECORDS Policy: City records are open for inspection and available to the public as prescribed by state law. The records may be copied providing the records are not removed from their usual place of safe-keeping and the records shall not be removed from the supervision of the responsible City personnel. Be All requests for~C~y personnel to provide copies of City records shall be made in writing on a form furnished by the City and at least 24-hours prior to the time ~he records are desired. The signed request for copies of City records shall be submitted to the City Manager for approval prior to the 24-hour time period of notice. The written request shall show the estimated cost of the total copy work and shall include all costs of labor, materials and equipment. This amount shall be computed by the City personnel responsible for the records. The individual requesting the copy shall agree to pay the designated sum for the work prior to picking up the copies. Costs shall be computed according to the latest state statutes· The City is not obligated to do the copy work of City records and the copy work requested may be refused as interfering with City work and the duties of City perso~.nel% Seconded by Commissioner Smith and carried. The City Manager submitted a memo from the Building Official recommending Paragraph 8 of the Open Space Standards, Development Guidelines be amended, as follows: MEMORANDUM DATE: Nov. 4, 1981 TO: City Manager FROM: Building Official SUBJECT: Development Guidelines - Paragraph 8, Open Space Standards The wording in Paragraph 8 should be amended to read: "In the event a building permit is issued for construction of a dwelling in an existing sub4ivision where payment of money or dedi- cation of land has not occurred by the developer, the applicant for the building permit shall pay a fee of Seventy-five and No/100 ($75.00) Dollars for each dwelling unit. The money derived there- from shall be used to purchase or develop parks in the City at such times and places as determined by the City Commission." MINUTES Cit Commission Sanford Florida November 9 at 7:00 P M, ___198__1__ MID~,TATE LEGAL, SU?PLY COMPANY This could be misconstrued in the case of :a duplex, triplex, quadraplex, etc., where one (1) building permit is issued for more than one dwelling unit. Gary - -' : ~ - /dh Commissioner Yancey moved to~ authorize the .City· Att'orneyi-~to prepare the proper resolution to amend same, and to authorize the Mayor and City Clerk to execute the resolu- tion. Seconded by CommisSioner Smith and carried. Said Resolution being in words and figures as follows: .~ .RESOLUTION NO~ 1314 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, : AMENDING PARAGRAPH 8.OF THE DEVELOPMENT GUIDE- ' LINES , OPEN SPACE STANDARDS; PROVIDING FOR' ~ AN EFFECTIVE~ DATE. · ': ~.:'~.-'- .. ' WHEREAS,~it~has~be~n brought t0~the attention of the City Commission of the. City of Sanford, Florida, that the present terminology of Paragraph 8, Development Guidelines, . Open Space. Standards, is unclear; and' WHEREAS, the City Commission of the City of Sanford, Florida, deems it advisable.to clarify and amend said paragraPh, NOW, THEREFORE, BE IT.RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA,. that Paragraph 8, Development ~uidelines, Open Space Standards, is hereby amended to read as follows: "tn the event a building permit' is issued .for construction of a dW-~tling in an exist- : / ing ~~±s.i~where payment of meney or dedication of land has not occurred by the developer, the applicant for the building permit shall pay a fee of Seventy-Five and No/100 ($75.00) Dollars for each dwelling '~ :'. - ':unit.' The' money' deri~ed fhemefrom shall be used to purchase or develop parks in the City at such times and places as deter- mined. by the City Commission." PASSED. AND ADOPTED .BY the City Commission of the City of Sanford, Florida, this 9th day of. NOVember, A.D., 1981. · · . : s/ .Lee~P. Moore~ Mayor ATTEST: .......... s../ H.:~N. Tamm~!:Jr; - CITY CLERK.. · MINUTES City Commission, Sanford, Florida November 9_a_t Zi0_0 P, _M.~_ ~198_]-.__ Aaron Keith, Police, from PQtiee Officer C to D, $15,495.90 annual. Harold L. Johnson, Fire, from Firefighter E to F, $17,524.50 annual. Jack Greaves, Utility Plants, from Utility Plant Operator E to F, $15,890.70 annual. Seconded by Commissioner Yancey and carried. The City Manager submitted a proposed job description, requirements, and sala- ry schedule for the new loader/driver position for the two-man refuse packers. On recommen- dation of the City Manager, Commissioner Fart moved to approve same and to set the pay at Grade 7 in Schedule III. Seconded by Commissioner Keith and carried. Statement in amount of $875.00 submitted from the City Attorney, for services in October, 1981. Commissioner Yancey moved to authorize payment of same. Seconded by Com- missioner Farr and carried. The City Manager reported that effective October 7, 1981, the ownership of Seminole Club, Inc., lessee of city property used for the operat.~on of the Mayfair Country Club, was transferred from John K. Daniels and Anthony Carione to John K. Daniels and Alice Daniels, his wife. The City Manager reported that Flagship Bank had indicated the availability of funds to finance three refuse packers. Request submitted for a street light on Lakeview Avenue between First Street and Second Street. On recommendation of the City Manager, Commissioner Keith moved to autho- rize same. Seconded by Commissioner Yancey and carried. The City Manager reported that Neighborhood Crime Watch information is now available at the Police Department. The City Attorney reported that pursuant to the Commission's discussion at the last meeting, the Florida Statutes provide for the City to appoint members of the hous- ing authority; under certain circumstances, for cause, can remove a member.after holding a public hearing, and that the day to day operation of the housing authority is under the juris- diction of the housing authority board, not the City. There being no further business, the meeting was adjourned. MAYOR ATTEST: · js