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021384-Regular Session190 MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 19 84 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 February 13, 1984. Present: Acting Mayor-Commissioner Edwin O. Keith Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner David T. Farr City Attorney William L. Colbert City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. Absent: Mayor-Commissioner Lee P. Moore The meeting was called to order by the Chairman. A public hearing was held in accordance with notice published in the Evening Herald on January 24 and February 3, 1984, as follows: NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE 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 February 13, 1984, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that certain property lying Northeasterly of and abutting Airport Boulevard (C.R. 425) and between Airport Boulevard (C.R. 425) and U.S. Highway 17-92 (S.R. 15-600) is proposed to be rezoned from MR-2 (Multiple-Family Residential Dwelling) District to GC-2 (General Commercial) District. Said property being more particularly described as follows: Section 2, Township 20 South, Range 30 East, South 265 feet of Southeast one-quarter lying Easterly of C.R. 425, Public Records of Seminole County, Florida. Ail parties in interest and citizens shall have an opportun- ity 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: January 24 and February 3, 1984. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. No one appeared ..... The City Clerk reported that on Jaquary 13, 1984 notice was sent to the owner, Brenda Prop. Inc., P. O. Box C, Roslyn, New York 11576, and the property was posted on January 18, 1984. On recommendation of the Planning and Zoning Commission, CommiSsioner Farr moved to authorize the City Attorney to prepare the proper ordinance to rezone the property. Seconded by Commissioner Smith and carried. A public hearing was held in accordance with notice published in the Evening Herald on January 24 and February 3, 1984, as follows: NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE, AND AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN 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 February 13, 1984, to consider MINUTES City Commission, Sanford, Florida 191 February 13 at 7:00 P. M. 1984 A portion of that certain property lying Northeasterly of and abutting Airport Boulevard and between Lakeview Middle School and Zayre's Plaza is proposed to be rezoned from MR-2 (Multiple-Family Residential Dwelling) District to GC-2 (General commercial) District. Said property being more particularly described as follow: From the SE corner of Section ~2, Township 20 South, Range 30 East, Sanford, Florida, run North 0o09'02'' West, along the East line of Section 2, a distance of 265 feet, thence run North 89o51'20'' West, parallel with the South line of said Section 2, a distance of 627.80 feet for a Point of Beginning, thence continue North 89o51'20'' West, 200 feet to the Northeasterly Right-of-Way line of Airport Boulevard, thence run Northwesterly along said Right-of-Way line and a curve concave Southwesterly having a radius of 1,185.92 feet, a central angle of 7o34'35'' a chord bearing of North 43o30'34'' West, an arc distance of 156.82 feet, thence run North 42o42'07'' East, 125 feet thence run South 52o49'44'' East, 67.18 feet, thence run South 89°51'20" East, 170 feet thence run South 0°08'40" West, 165 feet to the Point of Beginning. Containing 1.034 acres. Public Records of Seminole County, Florida. Ail parties in interest and citizens shall have an opportun- ity 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: January 24 and February 3, 1984. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. Brenda Von Hartman, 610 Barrow Avenue, Terrace, Florida, appeared and reported she represented the owner. The City Clerk reported that on January 10, 1984 Notice was sent to the owner, Howell Place of Sanford, Ltd., P. O. Box 15608, Nashville, Tennessee 37215, and the property was posted on January 18, 1984. On recommendation of the Planning and Zoning Commission, Commissioner Farr moved to authorize the City Attorney to prepare the proper ordinance to ~ezone the property. Seconded by Commissioner Yancey and carried. A public hearing was held in accordance with notice pUblished in the Evening Herald on January 24 and February 3, 1984, as follows: NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE, AND AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN 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 February 13, 1984, to consider changes and amendments to the Zoning Ordinance, and amending the Future Land Use Element of the comPrehensive Plan of the City of Sanford, Florida, as follows: A portion of that certain property lying South of Lake Mary Boulevard and West of U. S. Highway 17-92 (SR 15- 600) is proposed to be rezoned from MR-1 (Multiple- Family Residential Dwelling) District to GC-2 (General Commercial) District and MR-2 (Multiple-Family Residential Dwelling) District. Said property being more particularly described as follows: 192 MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 1984 FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWEL'LING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT Part of Lots 2 and 4, LAKE MINNIE ESTATES, Seminole County, Florida, according to the plat thereof as recorded in Plat Book 6, Page 92, Public Records, Seminole County; more particularly described as follows: Commence at the Southwest corner of Lot 4, LAKE MINNIE ESTATES, thence S.89°13'30"E., (Bearings based on Florida Department of Transportation Ri§ht-of-Way Map for State Roads 15 and 600), along the North right-of-way line of Lake Minnie Drive for 257.64 feet to the Point of Beginning; thence continue S.89°13'30"E. along the said North right-of-way line, for 192.48 feet to the point of curvature of a curve concave Northwesterly; thence Northeasterly along the South line of Lot 2, along the arc of said curve, having a radSus of 149.78 feet, through a central angle of 57°19'57'', for 149.88 feet to the East line of Lot 2 and the point of compound curvature of a curve concave Westerly; thence Northeasterly along the East line of Lot 2, along the arc of said curve, having a radius of 2814.79 feet, through a central angle of 07040'03'', for 376.68 feet to the point of tangency; thence N.25°46'30"E. along the East line of Lot 2 for 357.25 feet to the Northeast corner of Lot 2; thence~ S.7S°54'56'.'W. along the North line of Lot 2 for 190.48 fe6t to the Northeast corner of Lot 4; thence S.86°38'16"W. along the North line of Lot 4 for 118.03 feet to a line bearing N.28°28'46"E. fromlthe Point of Beginning; thence S.28°28'46"W. for 751 21 feet to the Point of Beginning. Containing 4.49 Acres (including lake bottom), more or les's. AND FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT Part of Lots 5, 7, 8, 9 through 12 and the vacated part of Lake Minnie Drive, LAKE MINNIE ESTATES, Seminole County, Florida, according to the plat thereof as recorded in Plat Book 6, Page 92, Public Records, Sffminole County; more particularly described as follows: Begin at the Southwest corner of Lot 4, LAKE MINNIE ESTATES, thence N.89°13'30"W, (Bearings based on Florida Department of Transportation Right- of-Way Map for State Roads 15 and 600), for 465.81 feet; thence N.28°28'46,,E. for 856.66 feet to the Nohth line of Lot 10; thence N.73°52'lT"W. along the North line of Lot 10 for 109.63 feet to the Northwest corner thereof; thence N.70°21'21"W. along the North line of Lot 12 for 199.61 feet to the Northwest corner thereof; thence S.40°58'25"W. for 1959.95 feet to the Southwest corner of Lot 11; thence S.89°13'30"E. along the South line of Lots ll, 9, 7 and 5 for 1172.73 feet to the Southeast corner of Lot 5; thence N.35°56'30"E. for 789.01 feet to the Point of Beginning. Containing 25.70 Gross Acres (including lake bottom), more or less. Ail parties in interest and citizens shall have an opportun- ity 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: January 24 and February 3, 1984. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition t6, the proposed re'zoning. M INUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 19 84 Florida 32931, and the property was posted on January 18, 1984 Further~ that Art Day, H.S. Homes, Engineers for the developer, has requested this be tabled until February 27, 1984. Recommendation submitted from the Planning and Zoning Commission to deny. John Sundheim, U.S. Homes, 924 North Magnolia Avenue, appeared and asked that the public hearing be continued for two weeks, to give them time to gather information on the Planning and Zoning Commission's objectionS, and make a presentation to the Commission. Those appearing in opposition to the proposed rezoning were as follows: Paul Smith, homeowner on Lake Minnie, reported there ha~e b.een bad dra'inage problems since the Winn-Dixie shopping center was built. Alice Jarrell, 141 Lakeside Drive reported the sewer lift station serving that area sometimes smells, backs-up, and overflows, and it does not have the capacity to connect additional customers. Mrs. Jarrell submitted a petition in opposition to the proposed rezoning. Commissioner Smith moved to deny the rezoning. Seconded by Commissioner Yancey and carried over dissenting vote of Commissioner Farr. A public hearing was held in accordance with notice published in the Evening Herald on January 24 and February 3, 1984, as follows: NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE 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 February 13, 1984, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that certain property lying between 16th Street extended Westerly and 20th Street and between Maple Avenue and Laurel Avenue is proposed to be rezoned from RC-1 (Restricted Commercial). District to GC-2 (General Commercial) District. Said property being more particularly described as follows: Lots 11 through 19, Amended Plat of Orange Heights, Plat Book 4, Page 84; Lots 156 through 160 (less Right-of-Way for State Road), Sanford Heights, Plat Book 2, Page 63; Lots 31 through 42, and 48, 1st Addition to Pinehurst, Plat Book 5, Page 79; Section 36, Township 19 South, Range 30 East, North 264 feet of West 315 feet of South ½ of Southwest ¼ of Northeast ¼ (less East 150 feet of North 132 feet) and (less East 160 feet of South 132 feet and Street); West 279.25 feet of East 312 feet of South 166 feet of Northwest ¼; all Public Records of Seminole County, Florida. Ail parties in interest and citizens shall have an opportun- ity 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: January 24 and February 3, 1984. The Chairman announced that the Commission would hea~ from those persons present to speak in favor of, or in opposition to, the proposed rezoning. The City Clerk reported tkat on January 10, 1984 notice was sent to the property 194 MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 1984 Florida, appeared and reported he represented Mr. and Mrs. Joseph Foersch, Dayton, Ohio, owners of property at 1807 French Avenue, and that they are in favor of the proposed rezoning. Jerry Sundheim, Famous Recipe Fried Chicken, 1905 South French Avenue, appeared to oppose the proposed rezoning. On recommendation of the Planning and Zoning Commission, Commissioner Farr moved to authorize the City Attorney to prepare the proper ordinance to rezone the property in accordance with their recommendation. Seconded by Commissioner Yancey and carried. Recommendations dated February 3, 1984 submitted from the Planning and Zoning Commission as follows: MEMORANDUM DATE: TO: FROM: SUBJECT: Feb. 3, 1984 City Clerk Zoning Inspector Planning & Zoning Meeting of Feb. 2, 1984 RECOMMENDATIONS Recommend approval of rezoning from MR-2 to GC-2, property located East of Airport Blvd. and North of Zayre's Plaza. Rep. -Brenda VonHartmann for owner Robert Little. Recommend approval of the rezonjng from MR-2 to.GC-2, property located East of Airport Blvd:and West of'17z92,~a port'ion of Zayre Plaza. Rep.-City of Sanford. (Owner-Brenda Properties) Recommend denial of rezoning from MR-1 to MR-2, property located on the West side of 17-92 and South of Lake Minnie, Rep.-Arthur D. Day and Jonathan Sundhim for U. S. Homes. Recommend denial of rezoning from MR-1 to GC-2, property located on the West side of 17-92 and South of Lake Minnie. Rep.-Arthur D. Day and Jonathan Sundhim for U.S. Homes. Recommend approval of rezoning from RC-1 to GC-2, the property located from Lot ll, Orange Heights, south to 20th St. on the East side of French Ave. and from 18th St. to 20th St. on the West side of French Ave., all properties abutting French Ave. Rep.-City of Sanford Request an investigation by D.O.T. and Seminole County, of the hazardous turn lane into Barnett Bank at the'SW corner of Airport Blvd. and 17-92. - Request an investigation of the retention area and run-off into Lake Minnie from the Village Marketplace at Lake Mary Blvd. and U.S. 17-92. Commissioner Smith moved to request the Florida Department of Transportation to investigate the turn lane at the Southwest corner of Airport Boulevard and 17-92, into Barnett Bank, as set forth in Item (2)- Seconded by Commissioner Farr and carried MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 19__ 195 84 and carried. The City Attorney reported that the hearing before Judge Kovachevich is sdheduled for April 14, 1984, and the City should choose four polling places, one for each proposed district, which will leave the question of majority vs. plurality voting up to the Judge. Commissioner Farr moved to authorize polling places as follows: District District District Street. #1: Sanford Civic Center #2: Westside Recreation Center #3: the church located at the Northeast corner of (pending permission from the church for said use) Park Avenue and 24th District #4: the City's #2 Fire Station Seconded by Commissioner Smith and carried. Commissioner Farr moved to approve the proposed settlement plan, with stipulation that the City requests majority voting, not plurality. Seconced by Yancey and carried. Alfred DeLattibeaudiere appeared and reported that the Plaintiffs will to the Settlement of the suit unless it contains plurality voting. A public hearing was held in accordance with notice published Herald on January 12, 19 and 26 and February 2, 1984, 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 February 13, 1984, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: the Commissioner ORDINANCE NO. 1679 not agree in the Evening AN ORDII~NCE OF THE CIT~ OF SA~FORDo FLORIDA, TO ANn';EX %,'ITHIH THE CORPORATE AREA OFTHE CIT~ OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTIOH OF TItKT CERTA~ PROPERT~ LYING BET~EEI~ WYLLy AVD~ AND HAITIE STRF. ET A~D ~E~w_~ PAR~ AVE2~IE AND DEPOT AVEh~E; ~AID PROPERTY BEING SITUATED IN SEM/NOL£ COUNTY, FLORIDA, IN ACCORDANCE %~ITH THEVOLU~'rARY AA.~,7_XAT1ON PROV]SIONS OF SECTION lYl.O~&, FLORIDA STATUTES; PROVIDING FOR SEVERABILll'~, CONFLICTS AND EFFECTIVE DATE. 14H£REAS, there has been filed vlth the City Clerk of the City of Sanford, Florida, Pe~ttions containing the names of the property O~ners in ~he are~ described h~reinaf~er requesting annexation to the corporate area of the City of Sanford, Florida, and requesting to be tncloded therein; and I~EREAS. the Property Appraiser of Seminole County, Florida, having certified that there are ten o~rnera in the area to be annexed, and that said property o~era have signed the Petition for Annexation; and WHEREA~, it has been determined that the property described hereinafter is reasonably compact and contiguous to the corporate areas of the City of Sanford, Florida, and it hms further been determined that the annexation of said property will not result in the creation of an enclave; and %~HEREAS, the City of Sanford, Florida. is in a position to provide municipal services to the property described herein, and the City Co~m~ission of the City of San/ora, Florida. deems it in the best interest of the City to accept acid petition and to annex said property. NOg. THEREFORE, BE IT ENACTED BY THE PEOFLE OFT HE CITY OF SANFORD, FLORIDA: 196 MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 19 84 SECTION 1: That the pr~l~erty described be/ow situatediu Seminole County, Florida, be and the aa,me is hereby anne.xed to and a part of the City of Sanford. Florida, pursuant to the voluntar~ annexation provisions of Section 171.044, Florida Statutes: Lots l, 2, 3, 6, and 7, Block 11, Lots l, &, 5, end 8, Block 12 of A.B. Russell's Addition to Fort Reed, according to the plat thereof as recorded l~-Plat Book l, Page 97 as recorded lo the Public Records of Seminole County, Florida. SECTION 2: That upon this Ordinance becoming effective, the · property o~mers and any resident on the property described herelu shell be entitled to all the rights and privileges and immunities as ere from time to time granted to residents and property o~ners of the City of Sanford, Florida, and es are further provided in Chapter 171. Florida Statutes, and shall further be subject to the responsibilities of residence or o~nershtp es may fro~ tine to tine he determined by the governing authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or portion of · s~ctlon of this Ordinance proves to be invalid, unlavlul or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section ot part of this ordinance. SECTION &: That all Ordinances or parts of Ordinances ~ conflict herevith, be and t~e same are hereby repealed. SECTION 5: That this Ordinance shall become eifective t=ediately upO~ its passage and adoption. 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: January 12, 19 and 26 and February 2, 1984. Ordinance No. 1679, 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 WYLLY AVENUE AND MATTIE STREET AND BETWEEN PARK AVENUE AND DEPOT AVENUE; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first next placed on final reading. those persons present to speak the ordinance. reading and read in full at meeting of January 9, 1984, was The Chairman announced that the Commission would hear from in favor of, or in opposition to, the proposed adoption of annexation. adoption of Ordinance No. 1679. Rick Holloway appeared to support the Commissioner Yancey moved on the passage and Seconded by Commissioner Smith and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 19.7 1983 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 WYLLY AVENUE AND MATTIE STREET AND BETWEEN PARK AVENUE AND DEPOT AVENUE; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with notice published in the Evening Herald on January 26, 1984, 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 February 13, 1984, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1681 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 CERTAIN PROPERTY LYING BETWEEN NINTH STREET AND 10TH STREET AND BETWEEN LAUREL AVENUE AND MYRTLE AVENUE FROM MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (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 Citylof Sanford, Florida. ' : ' ' .. ' Publish: January 26, 1984. Ordinance No. 1681, entitled: H. N. Tamm, Jr.. City Clerk AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE :BEI. NG A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN NINTH STREET AND 10TH STREET AND BETWEEN LAUREL AVENUE AND MYRTLE AVENUE FROM MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO 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 January 23, 1984, 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 proposed ordinance. No one appeared. Commissioner Farr moved on the passage and adoption of Ordinance No. 1681. Seconded by Commissioner Yancey and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1681, 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 CERTAIN PROPERTY LYING BETWEEN NINTH STREET AND 10TH STREET AND BETWEEN LAUREL AVENUE AND MYRTLE AVENUE FROM MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 1984 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 February 13, 1984, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1682 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 11-30 (b) OF THE CITY CODE TO PERMIT AUTOMOBILE SALVAGE YARDS AS A CONDITIONAL USE IN AN AREA ZONED MI-2; AMENDING ORDINANCE NO. 1097 (ZONING ORDINANCE) ARTICLE V, SECTION 12, PARA. B TO ADD ITEM 6 PERMITTING AUTOMOBILE SALVAGE YARDS AS A CONDITIONAL USE IN AN AREA ZONED MI-2 AND PROVIDING REGULATIONS CONCERNING LOCATION, ENCLOSURE, LANDSCAPING, BURNING AND PARKING REQUIREMENTS; 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. H. N. Tamm, Jr. City Clerk Publish: January 26, 1984. Ordinance No. 1682, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 11-30 (b) OF THE CITY CODE TO PERMIT AUTOMOBILE SALVAGE YARDS AS A CONDITIONAL USE IN AN AREA ZONED MI-2; AMENDING ORDINANCE NO. 1097 (ZONING ORDINANCE) ARTICLE V, SECTION 12, PARA. B TO ADD ITEM 6 PERMITTING AUTOMOBILE SALVAGE YARDS AS A CONDITIONAL USE IN AN AREA ZONED MI-2 AND PROVIDING REGULATIONS CONCERNING LOCATION, ENCLOSURE, LANDSCAPING, BURNING AND PARKING REQUIREMENTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of January 23, 1984 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 adoption of the ordinance The City Attorney reported he had corrected the ordinance as authorized at meeting of January 23, 1984. Commissioner Smith moved on the second reading and adoption of Ordinance No. 1682. Seconded by Commissioner Yancey and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1682, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ~ SECTION 11-30 (b) OF THE CITY CODE TO PERMIT AUTOMOBILE SALVAGE YARDS AS A CONDITIONAL USE IN AN AREA ZONED MI-2; AMENDING ORDINANCE NO. 1097 (ZONING ORDINANCE) ARTICLE V, SECTION 12, PARA. B TO ADD ITEM 6 PERMITTING AUTOMOBILE SALVAGE YARDS AS A CONDITIONAL USE IN AN AREA ZONED MI-2 AND PROVIDING REGULATIONS CONCERNING LOCATION, ENCLOSURE, LANDSCAPING, BURNING AND PARKING REQUIREMENTS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. On motion of Commissioner Yancey, Seconded by Commissioner Smith and carried, Minutes of January 23 and January 27, 1984 were approved. On motion of Commissioner Yancey, seconded by Commissioner Farr and carried, Vouchers for the month of January, 1984, were approved, as follows: FORM 4 MEMORANDUM OF VOTING CONFLICT LAsT NAME -- FIRST NAME -- MIDDLE NAME ' AGENCY is uvJt of: DATE 0~q WHICH VOTE OCCURRED FARR, DAVID T. MAILING 'ADDRESS ~]STATE ~4AME OF PERSON RECORDING MINUTES 2524 South Park Drive DCOUNTY H.N. Tamm, Jr. ClT~ ZIP COUNTY TITLE OF PERSON RECORDING MINUTES Sanford, FL 32771 Seminole [X]Mm~I¢~'ALITY City Clerk NAME OF AGENCY SPECIFY City of Sanford [']OTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes {}112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interesl below. 1. Description of the matter upon which you voted in your official capacity: David Redwine Salvage Yard at meetings of: 11/28/83 12/12/83 1/9/84 1/23/84 2/13/84 on west side of Airport Blvd. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: I represented the seller of property. 3. Person or principal to whom the special gain described above will inure: ,~ a.[-] Yourself Principal by whom you are retained: Dave Fart and Associates, Realtor (NAME) RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT VOTE OCCURRED: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317 (1979), AoFAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79 MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 199 1984 Refuse Collection & Disposal Fund, Flagship Bank of Seminole, DT1, Voucher No. 326 through 330. Water & Sewer Revenue Fund, Flagship Bank of Seminole, DT1, Voucher No. 3069 through 3073. Policemen's Pension Fund, Flagship Bank of Seminole, DT1, Voucher No. 616 and 617. Firemen's Relief and Pension Fund, Flagship of Seminole, ~DTi, Voucher No. 441. Central Paying Account, Flagship Bank of Seminole~ DT1, Voucher No. 44005 through 44440. Utility Trust Fund, Flagship Bank of Seminole, DTi, Voucher No. 106 and 107. Renewal & Replacement, Flagship Bank of Seminole, DT1, Voucher No. 228 through 231. Revenue Sharing Trust Fund, :Flagship of Seminole, DTI, Voucher No. 208. The City Manager reported that ~Mr. John Crabtree, Clifton Construction Company, is purchasing the old railroad warehouse on Myrtle Avenue between~frst Street and Fulton Street, and has requested the following: (a) City donate use of a 35 foot lot as an alley-way that will provide an entrance to his parking lot PLUS join with existing alley, West of Flagship's parking lot. They will pave and curb the alley over this city-owned property. Recommend approval. (b) Swap the 14.6 foot strip of land they own next to the Flagship building for the West 14.6 feet of the above city-owned lot. This will reduce the off-set in the new alley/parking lot entrance. Recommend approval. (c) Requests approval of 18 perpendicular parking stalls; entirely within the public right-of-way of Myrtle Avenue, on the West side of the building. Required stalls for use are 64. They show a plan to provide 108; with 18 of them on public property on the West side of the building. Recommend these 18 be denied as they will be backing into traffic lanes. On recommendation of the City Manager, Commissioner Farr moved to authorize the requests in Items (a) and (b), above. Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Farr moved to deny the request in Item (c), above. Seconded by Commissioner Yancey and carried. Statement dated February 3, 1984, in amount of $988.50 submitted from Mack N. Cleveland, Jr., Cleveland & Bridges, for services re: Sentinel Communications Company and Leslie Kemp Poole vs. Civil Service Board of the City of Sanford, Florida, et al. Commissioner Farr moved to authorize payment of same. Seconded by Commissioner Smith and carried. Statement dated January 30, 1984, in amount of $1,429.74 submitted from City Attorney William L. Colbert for December, 1983. Commissioner Farr moved to authorize payment of same. Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Smith moved to authorize salary reclassifications as follows: W. E. Ellenburg, Fire Department, from Senior Firefighter E to F, 200 MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 1984 Gretchen Mason, Finance Department, from Account Clerk I D to E, $13,449.31 annual. Hoke S. Hinson, Utility Department, Water Distribution, from Shop/Automotive Mechanic D to E, $16,763.77 annual. Seconded by Commissioner Yancey and carried. The City Manager reported $3,000.00 was budgeted for a handball court at McKibbin Park, and $2,530.00 additional is needed, and recommended transfer from Contingency. Commissioner Farr moved to deny. Seconded by Commissioner Smith and carried. The Commission authorized to consider this item in the 1984-85 Budget. The City Manager recommended the City develop an employee into a programmer and requested a transfer in amount of $2,070.00 from Contingency for the employee%~o attend an eight month course, three nights a week, beginning March 1, 1984. Commissioner Farr.moved to authorize same. Seconded by Commissioner Yancey and carried. The City Manager submitted a proposed revised City Policy on Personnel Files - Release To Public, as follows: POLICY MANUAL Subject: Policy: Personnel Files - Release To Public It is the policy of this State that .all municipal and county personnel records shall at all times be open for personal inspection by any person. "Public Records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Where possible, the City will attempt to notify employees should a request to review an employee's personnel file or other records be made by other than City officials in the normal routine course of official City busin6ss. Replaces Policy Dated 6/11/79 On motion of Commissioner Farr, seconded by Commissioner Smith and carried, said Policy was adopted. On recommendation of the City Manger, Commissioner Smith moved to authorize MINUTES City Commission, Sanford, Florida 201 February 13 at 7:00 P. M. 1984 Boulevard. Seconded by Commission Yancey and carried. On recommendation of the City Manager, the Commission authorized to include in the 1984/85 budget an item to install a city-owned street light system consisting of 32 units, on Airport Boulevard from 17-92 to West 25th Street. The City Manager submitted a letter from James A. Thomas, 900 Scott Avenue, commending the City's refuse service. The City Manager submitted a letter from Jim's Complete Automotive Service as follows: . COMPLETE AUTOMOTIVE SERVICE 201 N..Maple Avenue SANFORD, FLORIDA 32771 February 2, 1984 City of Sanford Sanford City Hall Sardord, Florida Attention: City Manager Subject: Section 11-30 of the Sanford City Code Dear Mr. Knowles: On January 25, 1984; Patrolman Do W. Whitmire served a complaint on my shop. Complaint #84-025'004405, stating that my business was possibly in violation of Section 11-30 of the Sanford City Code. At the time we were one junk car over the code. We have rectified this situation and officer Whitmire has inspected my lot to verify this fact. We will do our very best to stay in compliance in the future. . S~in~e,r~e ly yours,. Pre sident JLD:cd cc: Sanford Police Department J. Bridges - Attn: For Jim's Auto Serv. ,Inc. San~ord City Commission MECHANICAL - BODY & F'~NDER REFINISHING 202 MINUTES City Commission, Sanford, Florida February 13 at 7:00 P. M. 19 84 The City Manager reported receipt of a statement in amount of $57,380.28 from Meridith Corporation for the month of January, 1984, for well field work. On recommendation of the City Manager, Commissioner Farr moved to authorize payment of same. Seconded by Commissioner Yancey and carried. The City Manager submitted a request from Bryan Seigler ~for the City to vacate an irregular shaped section of public right-of-way at the intersection of Prospect Drive and The Crossway. On recommendation of the City Manager, Commissioner Farr moved to authorize a public hearing to be held March 12, 1984 to consider same, and proper notices. Seconded by Commissioner Yancey and carried. Commissioner Farr moved to support Jack Horner's nominee, Virginia Longwell, for the KIWANIS CLUB OF SANFORD'S Annual Roberta Gatchel Woman of the Year award. Seconded by Commissioner Smith and carried. Commissioner Yancey abstained from vote. The City Manager reported that the local McDonald's restaurant has offered to donate to the City, five pieces of playground equipment. Commissioner Farr moved to accept the offer and authorized the City Manager to direct a letter of thanks to McDonald's for same. Seconded by Commissioner Smith and carried. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Ordinance No. 1683, 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 CERTAIN PROPERTY LYING NORTHEASTERLY OF AND ABUTTING AIRPORT BOULEVARD (C.R. 425) AND BETWEEN AIRPORT BOULEVARD (C.R. 425) AND U.S. HIGHWAY 17-92 (S.R. 15-600) FROM MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. On motion of Commissioner Farr, seconded by Commissioner Yancey and carried, Ordinance No. 1684, 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 CERTAIN PROPERTY LYING NORTHEASTERLY OF AND ABUTTING AIRPORT BOULEVARD AND BETWEEN LAKEVIEW MIDDLE SCHOOL AND ZAYRE'S PLAZA FROM MR-2 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. The City Manager reported that he is optimistic that by the end of February, 1984, the City's water supply wil,1 be adequate enough to remove the building moratorium. There being no further business, the meeting was adjourned. MA ¥ 0 R ATTEST: FORNi 4 MEMORANDUM OF VOTING CONFLICT LAST NAME -- FIRST NAME -- MIDDLE NAME ~GENCY is uvlt of: DATE ON WHICH VOTE OCCURRED Yancey Edward A. "Ned" MAILING ADDRESS 2100 Cordova Drive CITY ZIP COUNTY Sanf ord 32771 Seminole NAME OF AGENCY City Commission ["]STATE [2]COUNTY ~--]MUHICIPALITY ["]OTHER February 13, 1984 NAME OF PERSON RECORDING MINUTES H. N. Tamm, Jr_. TITLE OF PERSON RECORDING MINUTES City Clerk SPECIFY MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes {}112.3143 (1979) ] If yOu have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of Your interest below. Deseriptionofthematteruponwhichyouvotedinyourofficialcapaci~: Abstained from vote on the support of Jack HOrner's Club Annual Roberta Gatchel Woman of the Year Award. nominee for the Kiwanis Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: Am a member of the Awards Committee for said award. Person or principal to whom the special gain described above will inure: a.['-] . Yourself b.[] Principal by whom you are retained: (NAME) SIGNATURE FILING INSTRUCTIONS DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1979), A,FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL O.R SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79