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052885-Regular Session MINUTES City Commission, Sanford, Florida O53 May 28 at 7:00 P. M. 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 May 28, 1985. Present: Mayor-Commissioner Bettye D. Smith Commissioner John Y. Mercer Commissioner Milton E. Smith Commissioner David T. Farr Commissioner Bob Thomas Acting City Attorney Frank C. Whigham City Manager Frank A. Faison Deputy City Clerk Rosa M. Rotundo Absent: City Attorney William L. Colbert 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 May 14, 1985, as follows: NOTICE OF PROCEEDING FOR CLOSING, VACATING AND ABANDONING A PORTION OF A STREET TO WHOM IT MAY CONCERN: You will take notice that the City Commission of the City of Sanford, Florida, at 7:00 o'clock P. M. on May 28, 1985, in the City Commission Room at the City Hall in the City of Sanford, Florida, will consider and determine whether or not the City will close, vacate and abandon any right of the City and the public in and to a portion of Rand Avenue (Rand's Mall) lying between East First Street and East Commercial Street and between North Park Avenue and North Palmetto Avenue, further described as follows: That portion of Rand Avenue (Rand's Mall) lying East of and abutting Lot 6, Block 2, Tier 3, E. R. Trafford's Map of the Town of Sanford, Plat Book 1, Page 58, and between the North Right-of-Way line of East First Street and the South Right-of-Way line of that certain East-West alley lying between North Park Avenue and North Palmetto Avenue, Public Records of Seminole County, Florida. Persons interested may appear and be heard at the time and place specified. 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) City Commission of the City of Sanford, Florida By: H. N. Tamm, Jr. City Clerk Publish: May 14, 1985. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed closing. The City Clerk reported notices were sent to owners on May 14, 1985. Gerald Gross, 202 East First Street, Sanford, Florida, appeared to support the requested closing and reported he owns the property on either side of the proposed Rand Avenue closure, he has constructed an overhead bridge between the properties, and could not use the bridge as security to obtain financing for same because the License for use of the Air Rights is vague and does not give him ownership. Further, he plans to place more landscaping, sprinkler systems and lights in the vacated portion of Rand Avenue, and construct steps, which will intrude about two to three feet on either side, into the buildings on both sides. 19 85 O54 MINUTES City Commission, Sanford, Florida May 28 at 7:00 P. M. 1985 The City Manager submitted a recommendation to deny the closing, unless only the Air Rights are vacated. Commissioner Farr moved to authorize the City Attorney to prepare the proper ordinance to vacate the Air Rights over the Southerly portion of Rand Avenue to accomodate the construction by Mr. Gross. Seconded by Commissioner Mercer and carried. A public hearing was held in accordance with Notice published in the Evening Herald on May 8 and 18, 1985, as follows: NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE 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 May 28, 1985, to consider chan~es and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: A portion of that certain property lyin~ North of and abutting Lake Mary Boulevard and East of and abutting Sir Lawrence Drive is proposed to be rezoned from MR-1 (Multiple-Family Residential Dwelling) District to RC-1 (Restricted Commercial) District. Said property being more particularly described as follows: That property described as located: Commence at the SW corner of Lot l, Groveveiw Village, a replat of Lake Nary Estates and Lake Nary Estates Recreational Area, as recorded ~n PB 19, l~s 4,5, and 6 of the Public Records of Seminole County, thence run S#1¥ along the Ely ROW line of Sir Lawrence Dr. and along a curve concave NWl¥, having for its elements a radius of 379.98 ft., a central angle of 28'43'05" end a chord bearing of S. 19'38'28" #. for an arc distance of 190.45 ft. to the P.R.C. of e curve concave SEIys thence continue along said Ely RO# line and along said curve, having for its elements a radius of 316.03 ft. and a central angle of 33'09'30" for an arc distance of 182.89 ft.' to the P.C.¢. of a curve concave EIys thence run S1¥ along maid RO~ line and along said curve, having for its elements a radius of 100 ft. and a central angle of 17'47'03" for an arc distance of 30.92 ft. to the I~ corner and the IK)B of the tract about to be describeds thence continue along the aforementioned Ely ~ line and along a curve concave ~EI¥, having for its elements a radius of 100 ft., e central angle of 08'07'12" and a chord bearing of S. 20'56'09" E., for an arc distance of 14.17 ft. to the P.R.C. of e curve concave S~Iys thence continue SEly along the afore- mentioned Ely ROW line of Sir Lawrence Dr. and along said curve, having for its elements a radius of 100 ft. and a central angle of 25'50'15" for an arc distance of 45.09 thence continue along said Ely ROW line, S. 00'50'30" #., 197.33 ft. to be proposed future ROW lane of Lake Nary Blvd. s thence ~un N. 88'46'58" B. along said proposed future ROW line, 200 ft.s thence run due N., 250 ft.; thence run #. 211.47 ft. to the PCB. 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. 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: May 8 and 18, 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. The City Clerk reported that Notice was sent to Mr. and Mrs. Thomas N. Tompkins, owners, on April 17, 1985 and the property was posted on April 17, 1985. Sam Ackley, 1137 East Pine Street, Kissimmee, Florida, appeared to support the MINUTES City Commission, Sanford, Florida O55 May 28 at 7:00 P. M. 19 85 rezoning, and submitted a letter with information he reported was not available to the Planning and Zoning Commission when they considered the rezoning, as follows: Kissimmee (505) ~46-4150 Orlando (505) 4~-5508 Tompbins Inv ent Grot 1637 East Vine Street Kissimmee. Florida 52745 May 28, 1985 City of Sanford, Florida Post Office Box 1778 Sanford, Florida 32772-1778 Honorable Mayor and City Commissioners: We request that you approve our petition to rezone the northeast corner of Sir Lawrence Drive and Lake Mary Boulevard from multi- family (MR-I) to restricted commercial (RC-1). We believe this is the highest and best use of the described property. A) The requested use is in conformance with the adopted comprehensive plan of the City of Sanford. B) The requested use is in conformance with recent actions by the Lake Mary Planning Board which recommended commercial zoning directly across the street (within 125' of our property). C) The requested use is over 400 feet from the nearest single family home in Groveview. D) The rezoning would not result in an unusual or undesirable land use pattern. It is customary to buffer commercial uses with multi-family. This case is a textbook example of this buffering. E) Traffic counts on Lake Mary Boulevard would not increase but may decrease if a convenience store is located at this location. Tim Rogers, a traffic engineer with the firm of Bennett & Davis, will be present to verify and answer any questions you may have regarding this assertion. F) Crime is not generated by convenience stores or by commercial zoning. Crime is a function of the neighbor- hood and the people who live and work in the area. In the past 12 months the closest convenience store had 5 police reports filed. Land Development · Housing · Real Estate Investments 056 MINUTES City Commission, Sanford, Florida May 28 at 7 -- 00 P. M. 19 85 1. Traffic incident 2. Petty theft 3. Found property 4. Traffic incident 5. Property damage G) There are two other stores within 1 mile. We do not believe the Planning Board had benefit of these facts when it made a recommendation to deny.. Accordingly, we ask that you a~prove our requested rezoning or refer our request back to the Zoning Board for rehearing. /jk Steven Cameron, 120 Anthony Drive, Sanford~ Florida, appeared and submitted approximately 30 letters from Groveview residents whom he reported were opposed to the proposed rezoning and convenience store. Further, he stated the traffic is bad enough already at the intersection of Lake Mary Boulevard and Sir Lawrence Drive, there were 12.5 incidents per store at convenience stores in the City last year, they do not need another convenience store there since there are already three convenience stores within one mile, and another one being built, and the people on the South side of Lake Mary Boulevard, in Lake Mary, do not want it either. Bob Razler, 327 Springview Drive, Sanford, Florida, appeared in opposition and reported convenience stores can draw undesirable elements, there are now five convenience stores within range of Groveview and they don't need another one. The Mayor asked for a show of hands of anyone present who had not already spoken and would not be speaking, who wished to show their opposition to the proposed rezoning. Hands were raised. Charles Baldwin, 207 Marc Street, Sanford, Florida, appeared in opposition and reported they have spent money on their homes and are also concerned about the safety of their children using the bus stop at the corner of Lake Mary Boulevard and Sir Lawrence Drive. Commissioner Mercer asked if any resident of Groveview was present who was in favor of the proposed rezoning. No one appeared. Commissioner Farr asked why the Planning and Zoning Commission recommended to deny the rezoning when the property is shown as commercial on the Comprehensive Land Use Plan. Slim Galloway, Chairman, Planning and Zoning Commission, appeared and reported said commission had heard opposition from the homeowners, and asked why the developer waited until almost all the homes were sold to ask for the rezoning. Further, there were five Planning and Zoning Commission members present, and the vote was unanimous to recommend denial. Recommendation submitted from the Planning and Zoning Commission to deny the rezoning. MINUTE S 0 5 7 City Commission, Sanford, Florida May 28 at 7: 00 P o M. 19 85 Commissioner Thomas moved to refer the matter back to the PlanninG and Zoning Commission for further consideration. Seconded by Commissioner Farr and carried over the dissentinG vote of Mayor Smith. Recommendations dated May 17, 1985 submitted from the Planning and Zoning Commission, as follows: MEMORANDUM DATE: TO: FROM: SUBJECT: May 17, 1985 City Clerk Zoning Inspector P & Z Meetin9 - May 16, 1985 - RECOMMENDATIONS RECOMMENDATIONS Recommend the approval of the final plat for Mayfair Meadows, Phase II, an 80 unit townhouse development located N. of Paola Rd. and E. of Oregon Ave. in a MR-1L zone. Owner: Babcock Co. Bettie /ms On recommendation of the PlanninG and Zoning Commission, Commissioner Farr moved to authorize the Mayor and City Clerk to 'execute the plat for MaYfair Meadows, Phase II. Seconded by Commissioner Smith and carried. Request for annexation submitted from EoGhan N. Kelly, Codisco, Inc. by Donald C. Bauerle, Sanford Central Park-LTD by Ernest A. Cavallaro, Trustee, and Herbert E. Stenstrom, Trustee, for a portion of the property lying between SR 46 and the Seaboard Coast Line Railroad RiGht-of-Way and between Upsala Road and Jewett Road. Commissioner Mercer moved to authorize the City Attorney to prepare the proper ordinance to annex said property. Seconded by Commissioner Farr and carried. Request for water service submitted from Ahoy Marine, Inc., by Dorothy R. Meadors, Secretary/Treasurer, for a portion of the property lying between West Second Street and West Fifth Street and between Airport Boulevard and Belle Avenue, further described as follows: Lots 23 and 24, Palm Place, accordinG to the Plat thereof as recorded in Plat Book 10, PaGe 65, Public Records of Seminole County, Florida. The City Clerk reported Mrs. Meadors has signed an annexation petition and paid the proper fee, but the property is not contiguous to the City. The City ManaGer recommeded to deny said request. Commissioner Mercer moved to table said request for consideration at a Workshop MeetinG. Seconded by Commissioner Thomas and carried. O58 MINUTES City Commission, Sanford, Florida May 28 at 7:00 P. M. 19 85 Consideration next given to Invoice No. 3352 dated March 29, 1985, in the amount of $1,000.00 rendered to Auto Train, Inc. The City Attorney submitted an opinion that the invoice is legally uncollectable because the correct owner of the property, Walter King, was not notified prior to the City mowing the property, and the current owner can not be held accountable. On recommendation of the City Manager, Commissioner Thomas moved to void said invoice and remove same from city records. Seconded by Commissioner Farr and carried. Ordinance No. 1757, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, PROVIDING FOR THE CITY MANAGER TO BE THE PUBLIC SAFETY ADMINISTRATOR TO SERVE THE POLICE AND FIRE DEPARTMENTS IN AN ADMINISTRATIVE CAPACITY; PRESCRIBING THE DUTIES AND RESPONSIBILITIES OF SUCH POSITION; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was placed on first reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed ordinance. No one appeared. Commissioner Thomas moved to authorize the City Attorney to amend the ordinance to reflect the duties to the Police and Fire Departments as additional responsibilities of the City Manager, not as a Public Safety Administrator, and to place the amended ordinance on first reading at the next meeting. Seconded by Commissioner Mercer and carried. On motion of Commissioner Thomas, seconded by Commissioner Farr and carried, Ordinance No. 1758, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 18, OFFENSES AND MISCELLANE- OUS PROVISIONS, ARTICLE I, IN GENERAL, SECTION 18-18, LOUD AND UNNECESSARY NOISES PROHIBITED; ENUMERATED; EXCEPTION, PARAGRAPH (10), CONSTRUCTION OR REPAIRING OF BUILDINGS, OF THE SANFORD CITY CODE, BY AMENDING THE TIMES OF CONSTRUCTION AND REPAIRS, PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Farr, seconded by Commissioner Mercer and carried over the dissenting vote of Mayor Smith, Ordinance No. 1759, 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 WEST FIRST STREET AND WEST SECOND STREET AND BETWEEN MANGOUSTINE AVENUE AND OLIVE AVENUE EXTENDED NORTHERLY FROM RMOI (MULTIPLE- FAMILY RESIDENTIAL, OFFICE AND INSTITUTIONAL) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; 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 April 25 and May 2, 9 and 16, 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 May 28, 1985, to consider the MINUTES City Commission, Sanford, Florida 059 May 28 at 7:00 P. M. 1985 adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1754 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING EAST OF AND ABUTTING U.5.17-92 AND NORTH OF LAKE MARY BOULEVARD EXTENDED EASTERLY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION ]7].066, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, there has been filed with 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 therein; and WHEREAS, the Property Appraiser of Seminole County, Florida, having certified that there are two property 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 any enclave; and WHEREAS, the City of Sanford, Florida, is in a position to provide municipal services to the property described herein, and that 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: That 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 060 MINUTES City Commission, Sanford, Florida May 28 at 7:00 P. M. 19 85 voluntary annexation provisions of Section 171.064, Statutes: 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 N 25° Il' E along said Easterly Right-of-Way Line 158 feet; thence run E 556 feet to the East Line of the SW 1/A of the SE 1/4 of said Section 11; thence run S 0052'0&'' W 143.20 feet to the SE corner of the SW 1/4 of the SE 1/4 of said Section 1]; thence run W 621.14 feet to the Point of Beginning. Florida SECTION 2: That upon this ordinance becoming effec- tive, 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 iresidents and property owners of the City of Sanford, Florida, as !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 Chapter 171, Florida Statutes. SECTION 3: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstit.u-. tional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 4: That ali ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Comraission 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' includin9 the testimony and evidence, which record is not provided by the City of Sanford. (Fa 286.0105) H. N. Tamm, Jr. City Clerk Publish: April 25 and May 2, 9 and 16, 1985. Ordinance No. 1754, entitled: MINUTES City Commission, Sanford, Florida May 28 at 7:00 P. M. 1985 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING EAST OF AND ABUTTING U.S. 17-92 AND NORTH OF LAKE MARY BOULEVARD EXTENDED EASTERLY; 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 April 22, 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 ordinance. No one appeared. Commissioner Farr moved on the passage and adoption of Ordinance No. 1754. 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. 1754, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING EAST OF AND ABUTTING U.S. 17-92 AND NORTH OF LAKE MARY BOULEVARD EXTENDED EASTERLY; 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 May 20, 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 May 28, 1985, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1755 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 ART LANE AND A PORTION OF THAT CERTAIN PROPERTY LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF LAKE MARY BOULEVARD AND ART LANE FROM AD (AGRICULTURAL) DISTRICT TO RC-1 (RESTRICTED COMMERCIAL) DISTRICT); 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) Publish: May 20, 1985. H. N. Tamm, Jr. City Clerk 062 MINUTES City Commission, Sanford, Florida May 28 at 7:00 P. M. 1985 Ordinance No. 1755, 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 ART LANE AND A PORTION OF THAT CERTAIN PROPERTY LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF LAKE MARY BOULEVARD AND ART LANE FROM AD (AGRICULTURAL) DISTRICT TO RC-1 (RESTRICTED COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of May 13, 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 adoption of the ordinance. No one appeared. Commissioner Mercer moved on the passage and adoption of Ordinance No. 1755. Seconded by Commissioner Farr and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1755, 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 ART LANE AND A PORTION OF THAT CERTAIN PROPERTY LYING AT THE NORTHWEST CORNER OF THE INTERSECTION OF LAKE MARY BOULEVARD AND ART LANE FROM AD (AGRICULTURAL) DISTRICT TO RC-1 (RESTRICTED COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with Notice published in the Evening Herald on May 20, 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 May 28, 1985, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1756 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 13, (HEALTH AND SANITATION) ARTICLE I, (IN GENERAL), BY DELETING SECTION 13-7 (DRAINING, FILLING, ETC., LOTS AND VACANT LANDS) OF THE SANFORD CITY CODE; PROVIDING SEVERABILITY, CONFLICTS AND EFFEC- TIVE 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. Tamm, Jr. City Clerk Publish: May 20, 1985. MINUTES City Commission, Sanford, Florida 063 May 28 at 7:00 P. M. 19 85 Ordinance No. 1756, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 13, (HEALTH AND SANITATION) ARTICLE I, (IN GENERAL), BY DELETING SECTION 13-7 (DRAINING, FILLING, ETC., LOTS AND VACANT LANDS) OF THE SANFORD CITY CODE; PROVIDING SEVERABILITY, CONFLICTS AND EFFEC- TIVE DATE. introduced and placed on first reading at meeting of May 13, 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 adoption of the ordinance. No one appeared. Commissioner Farr moved on the passage and adoption of Ordinance No. 1756. 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. 1756, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 13, (HEALTH AND SANITATION) ARTICLE I, (IN GENERAL), BY DELETING SECTION 13-7 (DRAINING, FILLING, ETC., LOTS AND VACANT LANDS) OF THE SANFORD CITY CODE; PROVIDING SEVERABILITY, CONFLICTS AND EFFEC- TIVE DATE. On motion of Commissioner Farr, seconded by Commissioner Thomas and carried, Resolution No. 1408 was read in full and adopted. Said resolution being in words and figures as follows: RESOLUTION NO. 1408 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR LEE P. MOORE PARK IN THE AMOUNT OF $100,000.00 WITH THE CITY OF SANFORD PROVIDING A CASH MATCH OF $37,367.00, IN-KIND SERVICE $42,791.00 AND LAND VALUE $118,842.00 FOR A TOAL PROJECT COST OF $300,000.00. WHEREAS, the City of Sanford, Florida, wishes to )rovide a park for the public to use for recreation purposes; and WHEREAS, the City of Sanford, Florida, wishes to submit grant application for Lee 100,000.00 with the City of 37,367.00 with In-Kind service $42,791.00 and 118,000.O0 for a total project cost of $300,000.00. WHEREAS, the City of Sanford, Florida ]omprehensive Planning Act of 1975 as pursuant 163.3161, F. S. as adopted by Ordinance ~1327; and P. Moore Park in the a~ount of Sanford providing a cash match of Land Value does have a to Chapter WHEREAS, the City of Sanford did develop and complete ~he Comprehensive Planning Act through experiences of Public learings as a vital part of public participation in completion of he final document, including all segments of the community both .inority and disadvantaged who were all provided equal ~pportunity; and MINUTES City Commission, Sanford, Florida May 28 at 7:00;P. M. 19 85 )ublic acilities by providing neighborhood >fficial public hearings at scheduled ommission meetings and is so posted as WHEREAS, the City of Sanford has an on-going program of participation for the development of parks and recreation meetings and holdSng and advertised City a definite agenda item; nd WHEREAS, isted above for ~37,367.00 and that :esponsible to )roject site of requirements. NOW, THEREFORE, CITY OF SANFORD, FLORIDA: That the Staff the City of Sanford has committed the amount matching cash required in the amount of the City of Sanford is fiscally and legally development, operation and maintenance of the Lee P. Moore Park in accordance with program BE IT RESOLVED BY THE PEOPLE OF THE of the City of Sanford, Florida, be authorized to submit an application for a grant in the amount of $100,000.00 for the Lee P. Moore Park. That this Resolution shall become effective immediately upon its adoption and passage. DATED this 28th day of May ,A. D. 1985. ATTEST: Commissioner Farr moved to appoint Robert Frazier, 801 Olive Avenue, Sanford, Florida, to the Sanford Housin9 Authority Commission for term to expire May 20, 1989. Seconded by Commissioner Smith and carried. Commissioner Mercer moved to appoint A. A. McClanahan, 409 Editha Circle, Sanford, Florida, to the Sanford Housin9 Authority Commission for term to expire May 20, 1989. Seconded by Commissioner Smith and carried. Commissioner ThOmas moved to appoint Alexander C. Wynn III, 1001 West 10th Street, Sanford, Florida, to the Sanford Housing Authority Commission for term to expire May 20, 1989. Seconded by Commissioner Farr and carried. Commissioner Mercer moved to appoint Jay W. Malone, 603 South Myrtle Avenue, Sanford, Florida, to the Planning and Zoning Commission, to fill the unexpired term of Cliff MINUTE S 0 6 5 City Commission, Sanford, Florida __ _ May 28 at 7: 00 P. M. 19 85 Miller, until June 30, 1987.~ Seconded by Commissioner ~mith and carried. Commissioner Farr moved to appoint John W. Leroy, 1401 East Second Street, Sanford, Florida, to the Plannin9 and Zoning Commission, for a four year term beginnin9 July 1, 1985. Seconded by Commissioner Mercer and carried. Commissioner Thomas moved to authorize the Mayor and City Clerk to execute an Interlocal A~reement with Seminole County and the other cities with the-County, providin~ for notification of changes in boundaries, zoning or activities affecting the other ~overnmental entity. Seconded by Commissioner Farr and carried. On motion of Commissioner Smith, seconded by Commissioner Farr and carried, Minutes of May 6, 13 and 20, 1985 were approved. Appraisal submitted by John Sauls and A. A. McClanahan for four acres of landfill property at Lake Minnie Estates, Southwest of Hidden Lake Subdivision, and North of Lake Mary Boulevard. Commissioner Farr moved to authorize payment of appraisal fee in amount of $600.00 and transfer from Contingency to Account No. 2-01-04312-2. Seconded by Commissioner Thomas and carried over dissenting vote of Commissioner Mercer. Petition for annexation submitted from John S. White, et al, for a portion of the property lying between S.R. 46 and Narcissus Avenue, and between Terwilliger Lane and Riverview Avenue, further described as follows: Section 26, Township 19 South, Range 30 East, Begin on North line of St. Gertrude Avenue 71.97 chains West of East line of Holly Avenue, Run West 10 chains North 10 chains East 154 feet North 807 feet East 501 feet South to Beginning. Commissioner Farr moved to authorize the City Attorney to prepare the proper ordinance to annex the property. Seconded by Commissioner Mercer and carried. The Minimum Housin~ Code Inspector submitted Condemnation Group No. 80, Reports Nos. 85-1138 through 85-1144. Commissioner Fart moved to authorize a public hearin~ to be held June 24, 1985, and proper notice. Seconded by Commissioner Mercer and carried. Tabulations of bids for sewer material and telemetry equipment submitted as follows: 066 MINUTES City Commission, Sanford, Florida May 28 at 7: 00 P. M. 19 85 1_~3 re.~aer+~ for b~cl~ sent out, ~_ res?onse.~ received. ~e~m~e:,d lov b~d.~ a~ ~eetino. spec~fic~t~or.~ M~ir.b is ir,~c&ted by c': rcle~ f~ .craves. ?_ re~aests for b~ds sent out, 4-- reapormes receive6. ~co~men~ 1~ bid as met~n5 s~clf~ti~s ~i~ Is in~c6te~ by circle& rifle. On recommendation of the City Manager, Comissioner Thomas moved to accept Iow bids as indicated. Seconded by Commissioner Farr and carried. Requests submitted for time extensions on condemnations as follows: GROUP REPORT NO. NO. ADDRESS OWNER MIN HOUSING CODE INSP RECOMMENDS 78 1130 815 East Seventh Street Gary Williams 90 days 75 1114 1003½ West Seventh Street Corine Duval 90 days 72 1086 1703 West 15th Street Johnnie Williams 90 days On recommendation of the City Manager, Commissioner Mercer moved to authorize a 90 day time extension for Group No. 78, Report No. 1130, 815 East Seventh Street, Gary Williams, owner. Seconded by Commissioner Fart and carried. On recommendation of the City Manager, Commissioner Farr moved to authorize a 90 day time extension for Group No. 75, Report No. 1114, 1003½ West Seventh Street, Corine Duval, owner. Seconded by Commissioner Thomas and carried. On recommendation of the City Manager, Commissioner Farr moved to authorize a 90 day time extension for Group No. 72, Report No. 1086, 1703 West 15t~ Street, Johnnie Williams, owner. Seconded by Commissioner Thomas and carried. On recommendation of the City Manager, Commissioner Smith moved to authorize salary reclassification for Bruce A. Moseley, Fire Department, from Firefighter D to E, $19,971.27 annual. Seconded by Commissioner Thomas and carried. MINUTES City Commission, Sanford, Florida 067 May 28 at 7:00 P. M. 1985 Copies submitted of Ex Parte Communication from the Department of Environmental Regulation and letter from the Volusia County Council to Ms. Diane Kiesling, Hearing Officer, regarding continued discharge of secondary treated sewage effluent into Lake Monroe. On motion of Commissioner Smith, seconded by Commissioner Mercer and carried, Ordinance No. 1760, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, DEPARTMENTS OF PUBLIC WORKS: PUBLIC STREETS, PARKS AND RECREATION OF THE SANFORD CITY CODE, BY ADDING SECTION 2-36, DEPARTMENT OF ADMINISTRATIVE SERVICES AND SECTION 2-37, DEPARTMENT OF ENGINEERING AND PLANNING; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On recommendation of the City Manager, Commissioner Smith moved to authorize transfer in amount of $36,422.02 from Contingency to proposed new departments, to cover cost of additional personnel for the last quarter of the 1984-85 budget year. Seconded by Commissioner Thomas and carried. On recommendation of the City Manager, Commissioner Smith moved to approve salary classes for personnel in the proposed Department of Administrative Services and the proposed Department of Engineering and Planning as follows: Se Director of Engineering and Planning Director of Administrative Services Planner d. Internal Audit/Budget Analyst Seconded by Commissioner Thomas and carried. Salary Classification I 4 Salary Classification I 4 Salary Classification II 12 Salary Classification II 13 The Commission discussed complaints ~egarding the flashing red and yellow light at the intersection of First Street and Palmetto Avenue, and authorized to change the light to full signalization. Commissioner Farr reported the Sanford Gymnastic Association sub-leases City property leased to the Seminole Sunrise Kiwanis between 25th Place and 26th Street and between Poinsetta Avenue and the Seaboard System Railroad Right-of-Way, and in order to construct the planned gymnasium on the property, they will need proof of legal ownership, and part of an unused utility easement will need-to be vacated. The Commission indicated approval of ~the concept. The Commission next discussed the responsibility for repairs to the damaged public boat launching ramps at the Marina, the lawsuits for same, and the fact that the closed ramps are detrimental to the economy of the area. Richard Hathaway, 3510 South Park Avenue, Sanford, Florida, appeared and reported the cause of the damage has not been removed. John Smith, 137 Clear Lake Circle, Sanford, Florida, appeared and urged that the repairs be made quickly. The City Manager reported if the City does the repairs, the Marina operator will have to be put on notice to repair the damage, the bid specifications will have to be MINUTES City Commission, Sanford, Florida May 28 at 7:00 P. M. 19 85 prepared, and a permit will need to be obtained from the Florida Department of Environmental Regulation. Ed Welch appeared and reported he doesn't think it will require a permit to repair existing ramps, and asked if all the ramps are unuseable. Commissioner Farr reported that not all the ramps are unuseable, but the Marina operator has closed all of them. The Commission directed Staff to have the undamaged ramps open by June 1, 1985. Eddie Pollock, 1807 Laurel Avenue, Valrico, Florida, appeared and reported he represents the Seaboard System Railroad, and they are requesting permission for Riverside Brick Distributors, lessee, to connect to City water on their side of the meter, at the railroad's property West of Rands Yard and North of First Street. The City Manager reported this property is contiguous to the City Limits and could be annexed, and recommended to deny further consideration of the request until the owner requests annexation. Commissioner Farr moved to deny the request. Seconded by Commissioner Mercer and carried. Letter submitted from the Federation of Senior Citizen Clubs of Seminole County, Inc., asking permission to conduct an Outreach Program in the City of Sanford. Said program could entail volunteers going door to door to inform the public about the services available to the elderly. The Commission directed the Federation to register with the Licensing Official. There being no further business, the meeting was adjourned. ATTEST: js