040885-Regular Session MINUTES
City Commission, Sanford, Florida
001
April 8 at 7:00 P. M. 1985
!
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 April 8, 1985.
Present: Mayor-Commissioner Bettye D. Smith
Commissioner John Y. Mercer
Commissioner Milton E. Smith
Commissioner David T. Farr
Commissioner Bob Thomas
City Attorney William L. Colbert
City Manager W. E. Knowles
City Clerk H. N. Tamm, Jr.
City Manager Appointee Frank A. Faison
The meeting was called to order by the Chairman.
A public hearing was held in accordance with notices authorized at meeting of
March 25, 1985, to consider the condemnation of structures or buildings on Condemnation
Group No. 79, Reports Nos. 85-1131 through 85-1137. The Chairman announced that the
Commission would hear from property owners or representatives thereof. A review of the
reports was as follows:
REPORT NOS. ADDRESS OWNER
85-1131 514 Pine Avenue Henry Black
85-1132 200 Avocado Avenue Claude Jr. and Louise P. Malone
85-1133 1121 Oleander Avenue George W. Pike, Heirs
85-1134 122 Country Club Circle Thomas F. and Katherine M. Ditolla
85-1135 205 Woodmere Boulevard Anne M. Campbell
85-1136 909 Pecan Avenue Everlina Johnson and Lula M. Bryant
85-1137 905 Pecan Avenue Andrew Hendrix, Heirs
No one appeared.
After consideration, Commissioner Farr moved that finding the buildings under
Condemnation Reports Numbers 85-1131 through 85-1137 to be unsanitary, unsafe and
delapidated, to require the front and back yards of properties located at 514 Pine
Avenue, Report No. 85-1131 and at 205 Woodmere Boulevard, Report No. 85-1135, to be cleaned
within two weeks, and that said structures be condemned and the owners given 90 days in
which to repair or demolish said structures; and if the structures are not repaired or
demolished within 90 days, to authorize the City to demoslish same and levy a lien against
the property. Seconded by Commissioner Mercer and carried.
A public hearing was held in accordance with Notice published in the Evening Herald
on March 19 and April 1, 1985, 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 April 8, 1985, 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 West of and
abutting U. S. Highway 17-92 (S.R. 15-600) and South of
Lake Minnie Drive is proposed to be rezoned from MR-1
(Multiple-Family Residential Dwelling) District to GC-2
(General Commercial) District. Said property being
more particularly described as follows:
The South 75.52 feet of Lots 1 and 3, Lake
Minnie Estates, Plat Book 6, Page 92, Public
Records of Seminole County, Florida.
All parties in interest and citizens shall have an opportun-
ity to be heard at said hearing.
002
MINUTES
City Commission, Sanford, Florida
April 8 at 7:00 P. M. 1985
By order of the City Commission of the City of Sanford,
Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tamm, Jr.
City Clerk
Publish: March 19 and 29, 1985.
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 Notices were sent to Mr. and Mrs. Blanton D. Owen and
Mr. and Mrs. James D. Lash, owners, on March 6, 1985, and the property was posted on March
7, 1985.
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 to consider the application for a state grant for the
development of Lee P. Moore Park. The Chairman announced that the Commission would hear
from those persons present to speak in favor of, or in opposition to, the said application.
No one appeared.
Petition for annexation submitted from Donald H. and Evelyn G. Pratt, for a portion
of the property lying East of and abutting U.S. 17-92, and North of Lake Mary Boulevard
extended Easterly, further described as follows:
Begin at the Intersection of the South Line of Section 11, Township 20
South, Range 30 East, SEMINOLE COUNTY, Florida, with the Easterly Right-
of-Way Line of State Road 15 & 600 (U.S. Highway 17 & 92); thence run
North 25°11' East along said Easterly Right-of-Way Line 158 feet; thence
run East 556.49 feet to the East Line of the Southwest ¼ of the Southeast
¼ of said Section 11; thence run South 0°52'04'' West 143.20 feet to the
Southeast Corner of the Southwest ¼ of the Southeast ¼ of said Section
11; thence run West 621.14 feet to the Point of Beginning.
On recommendation of the City Manager, Commissioner Farr moved to authorize the City
Attorney to prepare the proper ordinance to annex said property. Seconded by Commissioner
Smith and carried.
On motion of Commissioner Smith, seconded by Commissioner Mercer and carried,
Ordinance No. 1748, 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 THE PROPERTY
LYING EAST OF AND ABUTTING U. S. 17-92 AND
SOUTH OF COLLINS DRIVE; SAID PROPERTY BEING
SITUATED IN SEMINOLE COUNTY, FLORIDA, IN
ACCORDANCE WITH THE VOLUNTARY ANNEXATION
PROVISIONS OF SECTION 171.044, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY, CON-
FLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
On motion of Commissioner Smith, seconded by Commissioner Thomas and carried,
Ordinance No. 1749, entitled:
MINUTES
City Commission, Sanford, Florida
003
April 8 at 7:00 P. M.
19 85
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 THE PROPERTY
LYING SOUTH OF BIEDER AVENUE EXTENDED
WESTERLY, NORTH OF AND ABUTTING C.R. 427, AND
EAST OF AND ABUTTING FRENCH 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.
was introduced and placed on first reading.
On motion of Commissioner Farr, seconded by Commissioner Smith and carried,
Ordinance No. 1750, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF
SANFORD, FLORIDA, SAID ORDINANCE AMENDING
CHAPTER 9, FIRE PREVENTION AND PROTECTION,
ARTICLE II. STANDARD FIRE PREVENTION CODE,
SEC. 9-12.2, AMENDING SEC. 18.106, ACCESS TO
BUILDINGS BY FIRE APPARATUS; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
On motion of Commissioner Mercer, seconded by Commissioner Farr and carried,
Ordinance No. 1751, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF
SANFORD, FLORIDA, SAID ORDINANCE AMENDING
CHAPTER 2, ADMINISTRATION, ARTICLE VII,
SCENIC IMPROVEMENT BOARD, SEC. 2-111,
CREATED; COMPOSITION; APPOINTMENT OF MEMBERS;
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 March 29, 1985, 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 8, 1985, to consider the
adoption of an ordinance by the City of Sanford, Florida, title
of which is as follows:
ORDINANCE NO. 1746
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF
SANFORD, FLORIDA, SAID ORDINANCE AMENDING
CHAPTER 18 OF THE CITY CODE BY ADDING SECTION
IV TO PROVIDE FOR REGULATING MOTOR VEHICLES,
TEMPORARY SIGNS, AND PEDDLERS IN PUBLIC RIGHT
OF WAY AREAS OF THE CITY, PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
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.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tatum, Jr.
City Clerk
Publish: March 29, 1985.
0O4
MINUTES
City Commission, Sanford, Florida
April 8 at 7:00 P. M.
19 85
Ordinance No. 1746, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF
SANFORD, FLORIDA, SAID ORDINANCE AMENDING
CHAPTER 18 OF THE CITY CODE BY ADDING ARTICLE
IV TO PROVIDE~ FOR REGULATING MOTOR VEHICLES,
TEMPORARY SIGNS, AND PEDDLERS IN PUBLIC RIGHT
OF WAY AREAS OF THE CITY, PROVIDING PENALTIES
AND ENFORCEMENT PROCEDURES; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of March 25, 1985, 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 Ordinance No. 1746. No one appeared.
Commissioner Farr moved on the passage and adoption of Ordinance No. 1746.
Seconded by Commissioner Thomas and carried.
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1746, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF
SANFORD, FLORIDA, SAID ORDINANCE AMENDING
CHAPTER 18 OF THE CITY CODE BY ADDING ARTICLE
IV TO PROVIDE FOR REGULATING MOTOR VEHICLES,
TEMPORARY SIGNS, AND PEDDLERS IN PUBLIC RIGHT
OF WAY AREAS OF THE CITY, PROVIDING PENALTIES
AND ENFORCEMENT PROCEDURES; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
Mr. William H. Wight III, President, Karns Insurance Agency, Inc., 413 West First
Street, Sanford, Florida, appeared to discuss his company's proposal for insurance coverage,
and made recommendations as follows:
1. The City be self-insured for auto physical damage on licensed City vehicles.
2. Insure only that equipment which has a value of $5,000.00 or greater.
3. Increase the property schedule deductible from $100.00 per loss to $1,000.00
per loss.
4. Increase the Fidelity Bonds for the Public Employees Blanket bond and Crime
Coverage from $10,000.00 to $50,000.00.
5. If Item (1) is implemented, use an Appraisal Service to inspect and price the
auto damage, or use City Shop Personnel; and implement an Accident Review
Board to decide which party is liable for the damages.
The City Manager submitted recommendations as follows:
1. Increase the Equipment schedule deductible to $1,000.00 per loss.
2. Create a Reserve Fund for the self-insured expenses for auto physical damage,
to be reimbursed from each department's budget for the losses from May 1 to
April 30 each year.
Commissioner Mercer moved to authorize the above seven recommendations, and to
immediately place into a Reserve Fund the amount of $43,735.00, representing the premiums
saved from Unappropriated surplus. Seconded by Commissioner Farr and carried.
On motion of Commissioner Mercer, seconded by Commissioner Farr and carried,
Minutes of March 25 and April 1, 1985, were approved.
On motion of Commissioner Smith, seconded by Commissioner Farr and carried,
MINUTES
City Commission, Sanford, Florida
OO5
April 8 at 7:00 P. M.
19 85
Vouchers for the month of March, 1985 were approved, as follows:
VOUCHERS FOR THE MONTH OF MARCH, 1985
General Fund, Sun Bank, N.A., Voucher No. 083 thru 091.
Refuse Collection & Disposal Fund, Sun Bank, N.A., Voucher No. 050 thru
054.
Water and Sewer Revenue Fund, Sun Bank, N.A., Voucher No. 051 thru 055.
Policemen's Pension Fund, Sun Bank, N.A., Voucher No. 641.
Firemen's Relief and Pension Fund, Sun Bank, N.A., Voucher No. 459.
Central Paying Account, Sun Bank, N.A., Voucher No. 2470 thru 2968.
Utility Trust Fund, Sun Bank, N.A., Voucher No. 152 thru 154.
Public Projects FUnd, Sun Bank, N.A., Voucher No. 088 thru 093.
Renewal & Replacement, Sun Bank, N.A., Voucher No. 260 thru 262.
The City Attorney reported he had reviewed Section 13-7 of the City Code
pertaining to draining and filling of lots and vacant land, and he feels as it is now
written, it probably would not withstand a court challenge because it is broad and
overreaching, arbitrary, vague and ambiguous, and it denies due process to the owner.
Further, an ordinance could be written which would stand a better chance of withstanding a
court challenge, if the Commission would provide input as to what is proposed to be
regulated. The Commission authorized to discuss same with the City Attorney at a Workshop
Session.
On recommendation of the City Manager, Commissioner Farr moved to authorize Lois'
Place to use the Civic Center with alcoholic beverages, after payment of the proper fee, on
April 20, 1985. Seconded by Commissioner Mercer and carried.
On recommendation of the City Manager, Commissioner Smith moved to authorize
transfer in amount of $3,577.01 from Contingency to City Commission Accounts, for expenses
of applicants for interviews for the City Manager's position. Seconded by Commissioner
Mercer and carried.
Commissioner Farr moved to authorize the City Attorney to prepare the proper
resolution to designate Frank Faison as the City's Authorized Representative for the
Wastewater Treatment Grants Program, effective May 1, 1985. Seconded by Commissioner Smith
and carried.
Commissioner Farr reported that with the new developments and proposed
developments on West 25th Street, there is a need for a "West~25th Street Corridor Study
Committee", similar to the "Lake Mary Corridor Study Committee", composed of representatives
from Sanford, Lake Mary and Seminole County. The Commission authorized to discuss same with
the Seminole County Commission at their joint meeting on May 6, 1985.
Letter of commendation submitted for Police Officer Andy Collazo from Jane at Pet
Animal Supply, for actions on March 14, 1985.
The City Manager reported that the Florida Department of Transportation has
requested the City concurrance to remove on-street parking on West First Street from
Terwilliger Lane West 250 feet on the North side of S.R. 46, and from Persimmon Avenue West
240 feet on the South side of S.R. 46. On recommendation of the City Manager, Commissioner
Smith moved to authorize the Mayor and City Clerk to execute Resolution No. 1402 for same.
006
MINUTES
City Commission, Sanford, Florida
April 8 at 7:00 P. M. 19 85
Seconded by Commissioner Farr and carried.
follows:
Said resolution being in words and figures as
RESOLUTION NO. 1402
RESOLUTION REQUESTING THE PROHIBITION OF VEHICLE PARKING
WHEREAS, the City of Sanford , in cooperation with
the State of Florida Department of Transportation, finds it to be in the
public interest to prohibit parking on certain streets within the corporate
i:imits ,,
of the City of Sanford ...;
NOW, THEREFORE, BE IT RESOLVED that the City of Sanford
requests the Department of Transportation to install the necessary signs
and traffic devices necessary to prohibit parking on the following
described streets 'and roadways:
COUNTY SECTION NO. SR NO. FROM M.P. TO M.P. SIDE OF
ROADWAY
Seminole 77030 46 8.062 8.109 North
Further described as : from Terwflltger Lane west 250' {north of SR 46).
Seminole 77030 46 8.126 8.171 South
Further described as: from Persin~on Avenue west 240' (south of SR 46}.
IN WITNESS WHEREOF,"the parties hereto have caused these presents to
be executed, this 8th day of April , A.D., 19 8%
TITLE: Mayor
ATT~EAL)
As to the Public Body
On recommendation of the City Manager, Commissioner Farr moved to authoriZe salary
reclassification for Willie Fisher, Public WOrks Department, Street Division, from Equipment
Operator I C to D, $13,527.53 annual. Seconded by Commissioner Thomas and carried.
Recommendations dated April 5, 1985 submitted from the Planning and Zoning
Commission, as follows:
MEMORANDUM
DATE:
'TO:
FROM:
SUBJECT:
April 5, 1985
City Clerk
Zoning Inspector
Planning & Zoning Meeting, April 4, 1985
RECOMMENDATIONS
Recommend the denial of the request to rezone from SR-1A to GC-2,
nrnn~rtv located S. of 15th St.. N. of 18th St., W. of Elm Ave.
MINUTES
City Commission, Sanford, Florida
007
April 8 at 7:00 P. M. 19 85
22, 1985.
The City Clerk reported Item (1) has been advertised for public hearing on April
On motion of Commissioner Farr, seconded by Commissioner Thomas and carried,
Minutes of April 5, 1985 were approved.
Commissioner Farr moved to authorize transfer in amount of $87,384.50 from
Unappropriated Excess Funds to Street Division Accounts for Downtown Improvement materials
cost. Seconded by Commissioner Smith and carried.
On recommendation of the City Manager, Commissioner Smith moved to re-appoint Dr.
John Darby to the Civil Service Board, for a two year term effective July 1, 1985. Seconded
by Commissioner Farr and carried.
The City Manager reported Bob McKee will donate the Academy Manor Park area to the
City about April 15, 1985, and requested transfer from Unappropriated Excess Funds to Parks
Account in amount of $64,400.00 for materials cost for the development of said park.
Commissioner Mercer moved to authorize same. Seconded by Commissioner Smith and carried.
The Commission authorized to discuss with the Seminole County Commission at the
meeting on May 6, the need for a sidewalk on West 25th Street between French Avenue and
Ridgewood Avenue.
On motion of Commissioner Farr, seconded by Commissioner Smith and carried,
Ordinance No. 1752, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 11, ARTICLE 1, SECTION 11-
12, BY ADDING SECTION (e), OF THE SANFORD
CITY CODE, TO PROVIDE SPECIAL PICK-UP RATES
TO BE CHARGED ACCORDING TO VOLUME INSTEAD OF
TIME; PROVIDING FOR SEVERABILITY, CONFLICTS,
AND EFFECTIVE DATE.
was introduced and placed on first reading.
Commissioner Farr moved on the passage and adoption of Resolution No. ~1403.
Said resolution being in words and figures as
Seconded by Commissioner Thomas and carried.
follows:
RESOLUTION NO. 1403
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
PROHIBITING THE USE OF CITY FUNDS FOR
DEPARTMENTAL ORGANIZATIONS NOT COMPATIBLE
WITH THE POLICIES OF THE FLORIDA LEAGUE OF
CITIES.
WHEREAS, the City of Sanford, Florida, is a long-time
member of the Florida League of Cities, Inc.; and
WHEREAS, the League annually adopts a legislative
policy and actively promotes that
Legislature, and when appropriate, the
and
policy
United
before the Florida
States Congress;
WHEREAS, there are numerous State-wide organizations of
municipal departmental personnel which engage in various levels
of legislative activity; and
OO8
MINUTES
City Commission, Sanford, Florida
April 8 at 7:00 P. M. 1985
WHEREAS, on some occasions such organizations have
adoPted policies contrary to the position of the League, which is
an organization primarily of municipal elected officials; and
WHEREAS, it is in the best interest of the citizens,
officials, and employees of the City of Sanford, Florida, that a
united front on legislative issues be presented; and
WHEREAS, it is inappropriate to appropriate funds to
various organizations taking incompatible positions on issues.
NOW, THEREFORE,
CITY OF SANFORD, FLORIDA:
SECTION 1: The
BE IT RESOLVED BY THE PEOPLE OF THE
expenditure of City funds to
departmental organizations which adopt policy positions not fully
compatible with those of the Florida League of Cities, Inc. is
hereby prohibited.
PASSED AND ADOPTED this Eighth day of April ,
A.D. 1985.
ATTEST:
MAYOR~~3
A ~mmission (
C of S ford, Florida.
Commissioner Smith moved to hold the Regular Meeting of May 27, 1985, on May 28,
1985, due to the Memorial Day Holiday. Seconded by Commissioner Thomas and carried.
Fred Fontaine, 2537 Mohawk Avenue, Sanford, Florida, appeared and reported the
owner of property.at 801 Santa Barbara Drive has placed a new mobile home on the property,
which the City Commission had previously denied the request for same for use as living
quarters. Further, there is no "For Sale" sign on the trailer.
Commissioner Farr reported the mobile home is on the property just "For Sale", and
MINUTES
City Commission, Sanford, Florida
April 8 at 7:00 P. M.
19 85
she cannot hook up any utilities to it.
Vera Deloach, 2607 Mohawk Avenue, Sanford, Florida, appeared and reported she
opposes the mobile home in the single-family home neighborhood, and cautioned the property
should be checked to see that utilities are not hooked up and the mobile home used for
living purposes.
Barbara Butler appeared and reported her yard abuts the property where the mobile
home is located, and electrical service is already hooked up to the mobile home.
Virginia Wood, 2540 Mohawk Avenue, Sanford, Florida, appeared and reported the
permanent residence at 801 Santa Barbara Drive is operated as a Boarding House.
Sara Jacobson appeared and reported she and other members of the Scenic
Improvement Board had seen six big Oak trees in the City park property between Park Avenue
and Oak Avenue and between Eighth Street and Ninth Street, which had been cut down after
approval by the City, and that said Oak trees were not dead and had green leaves and other
new growth on them.
The City Manager reported the trees were diseased and dying, and created a hazard.
Alvin Douglass, 612 Elm Avenue, Sanford, Florida, appeared and reported that on
the parkway around his house there are Oak trees with borer worms, and about a year ago he
had reported same to the City and nothing has been done.
There being no further business, the meeting was adjourned.
~-- ~/ MAYOR
ATTEST:
js