Loading...
042384-Regular Session MINUTES City Commission, Sanford, Florida 251 April 23 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. Mo on April 23, 1984. Present: Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner David T. Farr Commissioner Edwin O. Keith City Attorney William L. Colbert City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. A public hearing was held in accordance with notice published in the Evening Herald on March 3 and 13, 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 April 9, 1984, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: The Code of the City of Sanford, Florida Appendix A, Zoning Ordinance (Ordinance No. 1097, As Amended) ARTICLE V. USE PROVISIONS Section 13. AD Agricultural District paragraphs A. and B. shall be amended to read as follows: A. Uses Permitted (1) (2) Agricultural Estates "Farm Implement Storage B. Conditional Uses (~) Agricultural, horticultural and forestry uses, including the keeping and raising of horses and cattle provided structures for raising same shall not be located within 300 feet of any property line. (2) Permanent or temporary housing for farm labor working on the property. (3) Dude ranch, riding academy or boarding stable, private camps, country club and golf course. (4) Roadside stands for the sale of products grown on the premises only. (5) Agricultural and horticultural processing plants for materials produced on the property only. (6) Elementary, middle and high schools. (7) Churches and their attendant educational buildings. (8) Sanitary Landfill operation, land and structures shall be used only after a minimum of two (2) hearings before the City Commission. 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: April 3 and 13, 1984. The Chairman announced that the Co~mission would hear from those persons present to speak in favor of, or in opposition to, the proposed amendment. No one appeared. 252 MINUTES City Commission, Sanford, Florida April 23 at 7:00 P. M. 19 84 Commissioner Farr and carried. Recommendations dated April 20, 1984 submitted from the Planning and Zoning Commission as follows: MEMORANDUM DATE: April 20, 1984 TO: City Clerk FROM: SUBJECT: Zoning Inspector Planning & Zoning Meeting, April 19, 1984 RECOMMENDATIONS Recommend amending the Zoning Ordinance, Article V, Sec. 13. AD, Agricultural District as follows: A. Uses Permitted (1) Agricultural Estates (2) Farm Implement Storage B. Conditional Uses e (1) Agricultural, horticultural and forestry uses, including the keeping and raising of horses and cattle provided structures for raising same shall not be located within 300 feet of any property line. (2) Permanent or temporary housing for farm labor working on the property. (3) (4) Dude ranch, riding academy or boarding stable, private camps, 'country club and golf course. Roadside stands for the sale of products grown on the premises.~%%'.. only. :- (5) Agricultural and horticultural processing plants for materials produced on the property qnly. (6) Elementary, middle & high schools. (7) Churches and their attendant educational buildings. (8) Sanitary Landfill operation, land and structures shall be used only after a minimum of two (2) hearings before the City Commission: Set a workshop session for April 26, 1984 to consider guidelines for an amendment to the Zoning Ord. Art. VIII, Supplemental Regulations, Section 1, PUD, to allow a developed area with mixed requirements under multiple ownership to be zoned PUD. Tabled the Public Hearing for sale of beer & wine for consumption on premises at~..~93'Country Club Rd. for lack of representation. A public hearing was held in accordance wi{h notice published in the Evening Herald on March 29 and April 5, 12 and 19, 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 April 23, 1984, to consider the adoption'of an ordinance by the City of Sanford, Florida, as fol~lows: ORDINANCE NO. 1694 MINUTES City Commission, Sanford,'Florida' April 23 at 7:0~0 P. M.19 84 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 LAKE MARY BOULEVARD AND AIRPORT BOULEVARD AND BETWEEN HIDDEN LAKE DRIVE AND LIVE OAK BOULEVARD; 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 .. WHEREAS, there has been filed w/th the City Clerk of the City of Sanford, Florida, a petition containing the names of the property owners in the area described hereinafter requesting annexation to the corporate area of the City of Sanford, Florida, and requesting to be included therei~; and WHEREAS, the Property APpraiser of Seminole County, Florida, 'having certified that there are two owners in the area to be annexed, and that said property owners have signed the Petition for Annexation; and WHEREAS,'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 has further been determined that the annexation of said property will not result in the creation of an enclave; and WHEREAS, the City of Sanford, Florida, is in a position to provide municipal services to the property described herein, and the City Commission of the City of Sanford, Florida, deems it in the best interest of the City to accept said petition and to annex said property. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: ~hat.the property described below situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanford, Florida, pursuant, to the voluntary annexation provisions of Section 171.044, Florida Statutes: Begin 179 feet East of the West 1/4 section post, run So~th 10 degress 48 min. East 426.83 feet thence run East 850.12 feet; thence North 10 degrees 48 min. West 426.83 feet; thence North 29 degrees~52 min. 10.5 sec. West 737.73 feet; thence South 57 degrees 12 min. West 650 feet; thence South 10 degrees 48 min. East 287.62 feet to P.O.B., all being in SeCtion 11, Township 20 South, Range 30 East, Seminole County, Florida. ~ SECTION 2: That upon this Ordinance becoming effective, the property'owners and any resident on the property described herein shall be entitled to all the rights and privileges and immunities 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 subject to the responsibilities of residence or ownership as may from time to time be determined by the governing authority of the City of Sanford, Florida, and the provisions of said 254 MINUTES City Commission, Sanford, Florida April 23 at 7:00 P. M. 19 84 SECTION 3: If any section or portion of a section of this ordinance provesl, to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the 9alidity, force or effect of any other section or part of this ordinance. ~ECTION 4: That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. SECTION 5: That'this ordinance shall become effective immediately upon 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: March 29 and April 5,12 and 19, 1984. Ordinance No. 1694,. 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 LAKE MARY BOULEVARD AND AIRPORT BOULEVARD AND BETWEEN HIDDEN LAKE DRIVE AND LIVE OAK BOULEVARD; 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 reading and read in full at meeting of March 26, 1984, was next placed on final reading. After being read by title, the Chairman announced that the City Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed adoption of the ordinance. No one appeared. Commissioner Farr moved on the passage and adoption of Ordinance No. 1694. 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. 1694, 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 LAKE MARY BOULEVARD AND AIRPORT BOULEVARD AND BETWEEN HIDDEN LAKE DRIVE AND LIVE OAK BOULEVARD; 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 April 12, 1984, as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF MINUTES City Commission, Sanford, Florida 255 April 23 at 7:00 P. M. 19 84 the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on April 23, 1984, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows~ ORDINANCE NO. 1695 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 16TH STREET EXTENDED WESTERLY AND 20TH STREET AND BETWEEN MAPLE AVENUE AND LAUREL AVENUE FROM RC-1 (RESTRICTED COMMERCIAL) 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 City of Sanfor~, Florida. H. N. Tamm, Jr. City Clerk Publish: April 30, 1984. Ordinance No. 1695, 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 16TH STREET EXTENDED WESTERLY AND 20TH STREET AND BETWEEN MAPLE AVENUE AND LAUREL AVENUE FROM RC-i (RESTRICTED COMMERCIAL) 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 April 9, 1984 was next placed on final reading. After being read by title, the Chairman announced that the City Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed adoption of the ordinance. No one appeared. Commissioner Keith moved on the passage and adoption of Ordinance No. 1695. 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. 1695, 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· 16TH STREET EXTENDED WESTERLY AND 20TH STREET AND BETWEEN MAPLE AVENUE AND LAUREL AVENUE FROM RC-1 (RESTRICTED COMMERCIAL) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY~ CONFLICTS AND EFFECTIVE DATE. On motion of Commissioner Smith, seconded by Commissioner Keith and carried, Minutes of April 9, 1984 were approved. The City Manager reported receipt of an offer to purchase Lot 16, Block A, M. M. Smith's Second Subdivision, which was appraised at $1,750.00 on December 22, 1978, offered for sale on January 8, 1979, and no bids were received. Further, that updating· the appraisal would place the market value at $2,188.00. On recommendation of the City Manager Commissioner ~Smith moved to authorize to sell said property for $2,188.00. Seconded by Commissioner Keith and carried. 256 MINUTES City Commission, Sanford, Florida April 23 at 7:00 P. M. 19 84 between Fulton Street and Seminole Boulevard and between French Avenue and Myrtle Avenue. On recommendation of the City Manager, Commissioner Keith moved to authorize a public hearing to be held May 14, 1984 to consider same, and the property owners to work out with Florida Power and Light Company, the relocation of the power line over the property. Seconded by Commissioner Yancey and carried. Commissioner Yancey moved to rescind action taken at the April 9, 1984 meeting, to appoint the City Manager to discuss with William H. Doelle a Joint Venture to construct a multi-story office building on the City parking lot on Seminole Boulevard, between Hood Avenue and Palmetto Avenue. Seconded by Commissioner Keith and carried over dissenting vote of Commissioner Smith. The City Manager submitted updated costs for the 1979 plans for the Downtown ImproVement Project, including a 10% Contingency, for total estimate in amount of $368,997.00. On recommendation of the City Manager, the Commission authorized to set priorities for city construction programs as follows: 1. Raw water line to a new well field. 2. Completion of marina erosion control work. 3. Sewer force main on West 25th Street. 4. Street reconstruction on West 20th Street and Country Club Road. 5. Downtown Development Project. The City Manager reported Garnett White had submitted the deed from Hunt Oil Company for a 46 foot wide strip of land between Sanford Avenue and the Seaboard Systems Railroad Right-of-Way and between Silver Lake Road and Cornwall Road. Commissioner Smith moved to authorize the City Manager to send a letter of appreciation for same. Seconded by Commissioner Yancey and carried. On recommendation of the City Manager, Commissioner Yancey moved to authorize the Sertoma Club to use the Civic Center with alcoholic beverages on May 5, 1984, after, payment of the proper fee. Seconded by Commissioner Fart and carried. On recommendation of the City Manager, Commissioner Farr moved to authorize the Sanford Rotary Breakfast Club free use of the Civic Center on April 26, 1985, with alcoholic beverages, and to authorize to close Seminole Boulevard between Myrtle Avenue and Palmetto Avenue and close Park Avenue North of Fulton Street, from 5:00 P. M. April 26, 1985 through 6:00 P. M. April 28, 1985. Seconded by Commissioner Keith and carried. The City Manager reported that the federal court suit DeLattibeaudiere et al vs. City, et al, has been settled and the Court has ordered the City to pay the Plaintiff's attorney's fees in the amount of $12,950.00. On recommendation of the City Manager, Commissioner Yancey moved to authorize transfer in amount of $12,950.00 from General Fund excess fund account to Legal Expense account 2-01-03319-8, Special Legal Services. Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Smith moved to authorize payment of a statement from the City Attorney for March, 1984, in the amount of $2,503.32. Seconded by Commissioner Yancey and carried. On recommendation of the City Manager, Commissioner Smith authorized the City Manager to utilize a 5% cost of living salary adjustment for employees in the proposed 1984- R% Budaet. Seconded by Commissioner Keith and carried. MINUTES City Commission, Sanford, Florida April 23 at 7:00 P. M. 257 19 84 transfer in amount of $77.00 from Contingency to Building Division Pestage, for postage and fees to mail the Sanora rezoning notices. Seconded by Commissioner Yancey and carried. Commissioner Smith moved to authorize salary reclassifications as follows: Johnny Ketter, Utility Department, Water Distribution, from Maintenance Worker I D to E, $12,185.32 annual. Andy Collazo, Police Department, from Police Officer E to F, $20,226.06 annual. Seconded by Commissioner Yancey and carried. The City Manager submitted a request from Assistant Police Chief Herb Shea to amend the Sanford City Code Section 1-9 to authorize collection of $2.00 court costs for education purposes from every person convicted of an infraction committed within the corporate limits of the City. Commissioner Farr moved to authorize the City Attorney to prepare the proper ordinance for same. Seconded by Commissioner Smith and carried. The City Manager reported on Lake Mary's efforts to obtain their own water supply, their denial of Sanford's request for a well field site, that Lake Nary currently has 1,068 active and 164 inactive water connections, and further that Sanford had set their limit at 1,057 customers. The City Attorney reported Sanford could cancel tke water service contract with Lake Mary and then draft a new one, or could set a hearing to determine the areas of the current water service contract which Lake Mary has violated. Commissioner Farr moved to cancel the water service contract with Lake Mary, and to authorize the City Attorney to prepare a new contract to be presented to the Lake Mary. City Attorney. Seconded by Con~issioner Keith and carried. Commissioner Smith moved to cancel the Contract for Purchase and Sale with Patricia Stenstrom, for property for a new well field site in Lake Mary, since Lake Mary denied Sanford's request to use the property for a well field. Seconded by Commissioner Yancey and carried. ~The City Manager submitted a letter from Michael S. Potter, Assistant Administrator, Central Florida Regional Hospital, commending the City and City Personnel for their actions to transport an accident victim to Deland on April 17, 1984. Petition for annexation submitted from Westview Baptist Church of Sanford, Inc., for a portion of the property lying North of and abutting CR 46-A (Paola Road) and between Oregon Avenue and Rantoul Lane extended Northerly, further described as follOws: Beginning at a point 30½ chains East of the SW corner of Section 33, Township 19 South, Range 30 East, thence run North 12½ chains, thence East 4 chains, thence SoUth 12½ chains, thence West 4 chains to Point of Beginning. (Less the South 25 feet for road right-of-way). Containing 4.8485 acres more or less. The City Manager submitted a recommendation to deny. Commissioner Farr moved to authorize the City Attorney to prepare the proper ordinance to annex said property. Seconded by Commissioner Smith and carried. William Leffler, Attorney, appeared and reported that construction is proceeding on the salvage yard on Airport Boulevard, and asked the City to suspend building permits for same, since he has filed an Appeal of the Conditional Use for the salvage yard. Mike Gray, Attorney, appeared and reported no permit has been obtained and no construction is proceeding. The City Manager submitted a memorandum dated April 23, 1984, from the Public ,/ 258 MINUTES City Commission, Sanford, Florida April 23 at 7:00 P. M. 19 84 need of major repair, at estimated cost of $2,106.92. Commissioner Smith moved to authorize a transfer from Contingency for same. Seconded by Commissioner Yancey and carried. On motion of Commissioner Yancey, seconded'by Commissioner Smith and carried, Ordinance No. 1696, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097, SAID ORDINANCE BEING THE ZONING ORDINANCE, ARTICLE V, SECTION 13, AD AGRICULTURAL DISTRICT, TO DELETE FARM IMPLEMENT STORAGE AS A CONDITIONAL .USE AND TO ADD AGRICULTURAL ESTATES AND FARM IMPLEMENT STORAGE AS PERMITTED USES IN SAID DISTRICT AND ADDING ELEMENTARY,MIDDLE AND HIGH SCHOOLS, CHURCHES AND THEIR ATTENDANT EDUCATIONAL BUILDINGS AND SANITARY LANDFILL OPERATION AS'NEW CONDITIONAL USES PERMITTED IN SAID DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. The City Attorney reported that the City vs. Feather, et al, suit is continuing in foreclosure of the lakefront property, and the order has been signed by the Judge and the City received a copy of it today in the case of DeLattibeaudiere et al vs. City of Sanford, requiring districts and election by majority'vote. The City Manager submitted a~coPY of a letter from the Florida Division of the American Television and Communication Corporation stating that a name change of the operating system of the Florida Division was being made from Orange/Seminole Cablevision to Cablevision of Central Florida, to serve the Orange, Seminole, Brevard, Osceola and Volusia County market area. There being no further business, the meeting was adjourned. ATTEST: MAYOR City Clerk js