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012588-Regular Session MINUTES City Commission, Sanford, Florida January 25, 113 19 88 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 January 25, 1988. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner A. A. McClanahan Commissioner John Y. Mercer Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank Faison City Clerk H.N. Tamm, Jr. The meeting was called to order by the Chairman. A Public Hearing was held in accordance with Herald on January il, 1988, as follows: December 28, 1987 Notice published in the Evening NOTICE OF PROCEEDING FOR CLOSING, VACATING AND ABANDONING AN ALLEY 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 January 25, 1988, 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 that certain 14 foot East/West alley lying between Oak Avenue and Myrtle Avenue and between First Street and Second Street, further described as follows: Ail of that portion of a 14 foot East/West alley lying North of and abutting Lot 6, Block 3, Tier 5, E.R. The Commission next considered a request from TRAFFORD's Map of the Town of Sanford. All parties in interest and citizens opportunity to be heard at said hearing. shall have an 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) Janet R. Donahoe Deputy City Clerk Publish: January 11, 1988. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed alley closing. Phil Chestnut, President of Seminole National Bank stated that said bank has a contract to purchase Lots 4, 5, 6, 7, and 8, Block 3, Tier 5 and propose to build a bank in the middle of said lots. Mary George, owner of Lot 3, spoke in favor of this alley closing, but stated she would be opposed to closing the East half of the alley and any portion abutting Lot 3. The City Engineer explained the sewer line is on the East end of the alley and a cap would be put on this line and cause no problems to the existing customers on this line. .Mercer Commissioner~moved to authorize the City Attorney prepare the proper ordinance to close West half of the alley abutting Lots 4 and 5 only. Seconded by Commissioner Eckstein 114 MINUTES City Commission, Sanford, Florida January 25, 19__ 88 and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea On motion of Commissioner Mercer, seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1922, 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 EAST 24TH PLACE AND EAST 25TH STREET AND BETWEEN SANFORD AVENUE AND GRANDVIEW AVENUE FROM RC-1 (RESTRICTED COMMERCIAL) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. On motion of Commissioner Thomas, seconded by Commissioner Mercer and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1923, 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 25TH STREET AND 25TH PLACE AND BETWEEN MAGNOLIA AVENUE AND PALMETTO AVENUE FROM RC-1 (RESTRICTED COMMERCIAL) 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 Herald on December 18 and 24, 1987 and January 1 and 8, 1988, as follows: January 20, 1988 in the Evening 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 in the Commission Room at the City Hall in the City' of Sanford, Florida, at 7:00 o'clock P.M. on February 22, 1988, to consider the adoption of an ordinance by the City of Sanford, Florida, numbered as follows: ORDINANCE NO. 1911 General Description follows: of the area to be annexed and map is as MINUTES City Commission, Sanford, Florida 115 January 25, A portion of that certain property lying between State Road 46 ( Geneva Avenue ) and vacated Seaboard Coastline Railroad and lying West of and abutting Brisson Avenue. -_-_=~ t ', , ' · ~ ':: i~ ~ ......... I ~ _-' ~._~ C.~. '. Ii{ ' I \ , ' ,, - .........- ~C ~..~ ' ~ ~ . REOb~ST A cOmplete description and a copy of the available at the Office of the desiring to ex~ine the s~e. ordinance shall be City Clerk for all persons Ail parties in interest and citizens 'opportunity to be heard at said hearing. shall have an By order Florida. of the City Commission of the City of Sanford, 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: H. N. Tamm, Jr. City Clerk January 29, and February 5, 12, and 19, 1988. introduced and final reading. hear from those persons present to adoption of Ordinance No. 1911. The City Attorney explained placed on first reading at meeting of December 28, 1987 was next placed on After being read by title, the Chairman announced that the Commission would speak in favor of, or in opposition to, the proposed that the map in the original advertisement did not reflect the proper' city limits line and recommended re-advertising a current map. Lonnie Groot, Assistant County Attorney spoke in opposition to Ordinance No. 1911 as directed by Seminole County Commissioners because of enclaves produced. The County would not use as an appeal the error in map. Mr. Groot expressed in Chapter 171.033 of the Florida Statues, prohibits the creation of enclaves and feels that there are two enclaves in this annexation. Mr. Groot submitted a letter to Mayor Smith dated September 10, 1987 as Exhibit "A". Mr. Groot stated there is a large indisputable enclave existing in a map submitted as Exhibit "B" and second enclave in a map submitted as Exhibit "C". Mr. Groot submitted Exhibit "D" to the Court Reporter as an aerial photograph of area to designate Lot 20 as an enclave. Exhibit "E" is a written discussion of the evils of creating enclaves requesting that this annexation be rejected. The City Attorney, William Colbert, questioned Mr. Groot asking if there is any services for water and sewer from the County annexed? Mr. Groot said no, and there a~e no these services. to Roseland Park or any of the area being plans in the immediate future to provide __19 88 116 MINUTES City Commission, Sanford, Florida Janu~r~r 25, 19 88 The City Attorney asked Mr. Groot if this annexation changed any of the access to the remaining County property. Mr. Groot stated the potential of an access was cut off, there were no roads to Roseland Park from State Road 46 nor Brisson Avenue. Tony Vanderhurst addressed the Roseland Park situation explaining the County adopted this as a target area 10 years ago and the County is three years into the plans of improvement. Mr. Vanderhurst stated that $400,000 is committed by improvements in the area, and it was noted there are no water lines in County dO~S.'~o't have plans in the future of adding one. The City Attorney explained annexation and pass the ordinance; 2) annexation. Commissioner there were three options 1) to to deny annexation; 3) to table the County for the area and the go ahead with the and re-advertise McClanahan moved to table Ordinance No. 1911. Seconded by Commissioner Mercer and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea A Public Hearing was held in accordance with Herald on January 1, 8, 15, and 33, 1988, as follows: December 29, 1987 Notice published in the Evening 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 in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on January 25, 1988, to consider the adoption of an ordinance by the City of Sanford, Florida, numbered as follows: ORDINANCE NO. 1914 General Description of the area to be annexed and map is as follows: A PORTION OF THAT CERTAIN PROPERTY AND ABUTTING RIDGEWOOD AVENUE WEST 25TH STREET (STATE ROAD BOULEVARD. - :Seminole Courtly ol Sanlo~d J [ City MASTER COVE APTS. / A complete description and available at the Office of the desiring to ex~mine the same. LYING WEST OF AND LYING BETWEEN 46A) AND AIRPORT A~n~ e ~A__tj~_ Street closure request' a copy of the ordinance shall be City Clerk for all persons Ail parties in interest and citizens opportunity to be heard at said hearing. shall have an MINUTES City Commission, Sanford, Florida January 25, 117 By order Florida. of the City Commission of the City of Sanford, 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) Janet R. Donahoe Deputy City Clerk Publish: January 1, 8, 15, and 33, 1988. introduced and placed on first reading at meeting of December 28, 1987 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. 1914. No one appeared. Commissioner Thomas moved on the passage and adoption of Ordinance No. 1914 . Seconded by Commissioner Mercer and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1914, 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 WEST OF AND ABUTTING RIDGEWOOD AVENUE AND LYING BETWEEN WEST 25TH STREET (STATE ROAD 46A) AND AIRPORT BOULEVARD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The Chairman announced that the City of Sanford had received the designation as Tree City USA. Martha Yancey of the Scenic Improvement Board explained that the City has a record of 3,699 trees on computer, noting their condition, location and type. Mrs. Yancey explained that a community must meet four standards: a legally constituted tree board or department; a community tree ordinance; a comprehensive community forestry program supported by a minimum of $1 per capita and an Arbor Day proclamation and public tree- planting ceremony. Mike Martin from the State Forestry Department presented the Tree City USA Flag and plaque and announced that on February 10, 1988 at 1:30 at the Park on Eight Street the Scenic Improvement'Board will plant a Sweet Gum Tree in honor of designating February 10, as the City of Sanford Arbor Day. Commissioner Mercer moved to accept the Tree City USA designation and to authorize the City Attorney prepare the proper resolution designating February 10, as City of Sanford Seconded by Commissioner Thomas and carried by the vote of the Commission as Arbor Day. follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea 1988 MINUTES City Commission, Sanford, Florida Janun~ 25, 19 88 On recommendation by the City Manager, Commissioner Mercer moved to authorize the execution of an agreement, upon approval of the City Attorney, with Hallmark Collection Bureau, Inc. for the collection of past due accounts receivables. Seconded by Commission Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The Commission next considered a proposed water/sewer contract with Seminole County for providing services to General Sanford Estates (Chase Groves). On recommendation of the City Manager, Commissioner Mercer moved to authorize the proposed confirmation letters from review the final contract document. of the Commission as follows: the City Manager and to authorize the City Seconded by Commission Thomas and carried by the Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea On recommendation of the City Attorney, Commissioner McClanahan moved authorize the Mayor and City Clerk to execute acceptance of a construction easement reclaimed water and a perpetual utility easement on the North side of the Courthouse Seconded by Commission Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea On motion of Commissioner McClanahan, Seconded by Commission Thomas and carrie¢ by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Payment of statements were authorized as follows: (a) (b) From Conklin, Porter & Holmes Engineers, Inc. for 10/3/87 through 10/30/87: Core Sewer Collection System Rehab..$1,976.68 Construction of Sludge Handling Facility .................................... $9,718.63 From Conklin, Porter & Holmes Engineers, Inc. for engineering, services through 01/08/88: Site 10 Site Specific Studies ...... $18,566.42 Vacuum Sewer Design ................ $ 7,094.70 Effluent Spray Irrigation Systems..$ 2,512.38 Grant Ineligible Sewer System Repair Work .... ................................... $ 6,010.48 Core Sewer Collection System Rehab.$ 122.07 Water Quality Studies .............. $ 1,180.47 Sludge Handling Facility ........... $10,115.24 MINUTES City Commission, Sanford, Florida January 25, 119 __19 8~8 (c) From Conklin, Porter & Holmes Engineers, Inc. for Cloud Branch & Mill Creek Drainage Studies in amount of ....................... $ 3,545.66 (d) From City Attorney for services rendered In November, 1987 ................... $2,472.85 In December, 1987 ................... $4,098.00 (e) From Briar Construction Company for Bevier Road reconstruction work $13,050.00 and to authorize the City Manager to invoice LON Industries for their contributions. 50% The Commission considered the request from NichOlas and Norma Fertakis for annexation of a portion of that certain property lying South of and abutting State Road 46 and'lying between Kennel Road and Meisch Road. Commissioner Mercer moved to authorize the City Attorney prepare the proper ordinance for annexation. Seconded by Commission McClanahan and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The Commission next considered a request for water service and annexation from Stenstrom-Stump Development Company for a portion of that certain property lying East of and abutting Crescent Boulevard and lying between East Second Street and East Fourth Street. Commissioner Mercer moved to authorized said extension at no cost to the City and to record the annexation agreement. Seconded by Commission Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The City Manager submitted Tabulation of recommended the lowest bid meeting specification $13,868.95. Commissioner McClanahan moved to accept bid as recommended by the City Manager. Seconded by Commission Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Bid 987/88-18 for Police Uniforms and from Barker Uniforms in total amount of Yea Yea Yea Yea Yea The Commission considered a request from Calton Homes to use a temporary sales trailer near the proposed intersection of Lake Mary Boulevard and Live Oak Drive. Pete Knowles, representing Residential Communities of America appeared to speak in favor of said request. Commissioner McClanahan moved to for a period not to exceed eighteen months. the vote of the Commission as follows: authorized the use of a temporary sales trailer Seconded by Commission Eckstein and carried by 12,0 MINUTES City Commission, Sanford, Florida January 25, 19 88 Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Naye Yea Yea The Commission next considered the approval of the final plats for Hidden Lake Phase III Unit VI and a replat of Lots 131 thru 116, Lots 181 thru 207, Hidden Lake Villas, Phase V, Plat Book 28, Pages 81 thru 83. and Hidden Lake Phase III - VI a replat of Lots 208 thru 299 Hidden Lake Villas, Phase VI, Plat Book 28, Pages 84 thru 87. Commissioner McClanahan moved to approve said plats. Seconded by Commission Eckstein and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The Commission discussed the Mayfair Golf Course lease. Commissioner Mercer stated that he had been informed that the Sanford Seminole High School team can no longer play at Mayfair Golf Course. Commissioner Mercer reported that in Section 21 of said lease states the lessee shall at all times permit the use thereof by local residents and their guests on a membership basis and daily green fee basis comparable to average membership fees. Commissioner Mercer submitted for the record a letter from Mr. Daniels written to the Sanford Chamber of Commerce as follows: }I October, 9987 Mr. David ~arr Sanford Chamber of Commerce Sanford, Fl. 5277q Dear ]'.tr. Parr; I am in receipt of an October 20, q987 letter whereby ~t~. Bud Layer s~ated he would contact the Timacuau golf course to arrauge a date for the chamber tournament. Frankly, I am appalled as I have watched over the years the Seminole County Sheriff's Dept have their tournaments in VOLUSIA COUNTY and the Sanford Rotary Club having their tournament in LAKE I.k~RY. I consider' this a direct insult to both me and this club. This letter is my formal notification that we do not wish to host your tournament this cominE March, nor do we wish to hold any other tournament connected with any other organization connected with the city of Sanford. You may recall that last year you siuned a contract for full field althouEh only two-thirds of the players attended. I personally allowed you to pay roughly $~,OO0 less than the contract price. As you know, there are several new golf courses in the area and I feel certain any one of them can assist you with your future Eolf outings. Sincerely, S~'~INO~ CLU~S ~ohn K. Dan~s, Pres~aent J-KD/ap P.O. DRAWER 3911 · LAKE MARY, FLORIDA 32746-1363 · 305-322-2531 MINUTES City Commission, Sanford, Florida January 25, ~ Commissioner Mercer moved to authorize the City Attorney to notify said lessee in accordance with Section 22 of violations and to be in default of lease. Seconded by Commission Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Commissioner Mercer moved to approve voucher numbers 21400 through 22070 for the month of December, 1987. Seconded by Commission Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea On recommendation by the City Manager, Commissioner McClanahan moved to authorized the Mayor to execute Amendment No. 8-A to modify the Target Cost Ceiling amount from $36,250.38 to $43,537.12 for Incremental Conklin, Porter and Holmes-Engineers, Inc. the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Sewer Collection System Rehabilitation with Seconded by Commission Thomas and carried by Yea Yea Yea Yea Yea The City Shelter Grant. The Commission reviewed the recommendations dated January 21, the Planning and Zoning. Commission as follows: Manager reported an application had been filed for a Federal Emergency 1988 submitted from MEMORANDUM TO: VIA: FROM: SUBJECT: City Manager~ Director of Engineering and Planning Zoning and Arbor Inspector ~~--~- Planning and Zoning Meeting - 1/21/88 RECOMMENDATIONS After discussions from the developer, Jose Mila, whC-stated that he intended to build a truck terminal for a firm Presently operating at the Am Trak facility, unanimously recommended the request to rezone from AD to RI-i, property located on the west side of Rand Yard Road, 156 feet north of First Street. Owner: SAN-FLA Investors, Ltd. Representative: Michael Spinos CITY COMMISSION PUBLIC HEARING - 2/8/88 Unanimously recommended the denial of the request to rezone from SR-1 to RMOI, property located at 2457 Cedar Avenue for the pur- pose of professional offices. The owner/representative, A.V. Barber, Jr., was unable to attend because of illness, but he wished the public hearing to be held. A delegation of four from the neighborhood entered their objections to changing the character of the neighborhood' from a residential' to a commerce area. The motion to deny was made based on Staff'-s recommend- ation to deny and the objection of the neighbors. Owner/representative~ A.V. Barber CITY COM~M~ISSION PUBLIC HEARING - 2/8/88 __ 1988 MINUTES City Commission, Sanford, Florida January 25, 19 88 o By a vote of 4 to 2, approved the conditional use request to reduce the square footage of a two bedroom apartment from 700 square foot to 600 square foot, property located at 1017 Oleander Avenue in a MR-1 zone. A motion to deny, based on Staff's recommendation was defeated by a vote of 4 to 2. Owner/representative: Delores Anderson Unanimously approved the final plat for Hidden Lake Phase III - Unit VI and Hidden Lake Phase III - Unit VII, a single family detached home subdivision located in a PUD zone, north of Live Oak Boulevard and between Clear Lake and Lake Ada. Owner: Residential Communities of.America Representative: W.E. Knowles Tabled consideration until the next Planning and Zoning Meeting on the site plan for a commercial service located at 2610 Orlando Drive in a GC-2 zone for lack of representation. Owner/representative: J.W Vaughn, DVM and J.E. Murhph, DVM Request submitted from the Rotary Club of Sanford, Breakfast club to close Seminole Boulevard from Myrtle· Avenue to Palmetto Avenue and to close Park Avenue form Fulton Street to Seminole Boulevard from 6:00 a.m. to 5:00 p.m. on Saturday, March 5th, 1988 for the annual "Blue Ribbon Classic" Antique Auto Show; and to utilize City Hall parking lot and restroom facilities on the first floor·of City Hall. Commissioner Thomas moved to authorize said request. Seconded by Commission Mercer and carried bY the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea · Yea Yea There being no further business, the meeting was adjourned. ATTEST: