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