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050983-Regular Session MINUTES City Cornrnission, Sanfo~'d, Florida _ . ~ay 9 at _7: 00 P. lq. 19 ~3 City Hall 25, 1983, Report No. The in the City of Sanford, Florida, at 7:00 o'clock P. M. on May 9, Present: Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner David T. Farr Commissioner Edwin O. Keith City Attorney William L.. Colbert City Clerk H. N. Tamm, Jr. Assistant City Manager Stgven D. Harriett Absent: City Manager W. E. Knowles The meeting was called to order by the Chairman. A public hearing was held in accordance with notice authorized at meeting of April to consider condemnation of structures or buildings on Condemnation Group No. 73, 83-1095. The Chairman announced that the Commission would hear from property City Commission of the City of Sanford, Florida, met in Regular Session in the 1983. the report was as follows: Owner Atlantic Land & Improvement Company Douglass Fertilizer & Chemical, Inc., appeared owners or representatives thereof. A review of Report No. Address 83-1095 2200 Country Club Road Mr. Spencer G. Douglass, President, and reported his company occupied the property until it was severely damaged by the hail storm last year, and since then, they have moved the office to Zellwood, and have removed franks, material and equipment in order to make the site suitable for another occupant with ~whom they are negotiating, but have not hurried to complete the clean-up by any particular time. Further, they have had the electric service to the building changed to provide power ionly to radio equipment on the site, and have secured the door of the refrigerator which is iin the building. Also, the chemicals on the property are plant food materials, nothing iwhich would harm anyone who might come in contact with them, no herbicides or pesticides. iFurther, he felt the building could be made safe and the property cleaned within 90 days. After consideration, Commissioner Yancey moved that finding the buildings under Condemnation Report Number 83-3095 to be unsanitary, istructures be condemned and the owners given 90 days structures, provided the proper permits are obtained unsafe and delapidated, that said in which to repair or demolish said and repairs and clean-up begin within to ithe first 30 days; and if the structures are not repaired or demolished within 90 days, authorize the City to demolish same and levy a lien against the property. Seconded by Commissioner Keith and carried. A public hearing was held in accordance with notice published in the Evening iHerald on April 22, 1983, as follows: NOTICE OF PROCEEDING FOR VACATING AND ABANDONING A PORTION OF 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 May 9, 1983, 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 vacate and abandon any right of the City and the public in and to a North-South alley lying between First Street and Second Street and between Cedar Avenue and Holly Avenue, further described as follows: 14 foot wide alley running North and South between Lots 6 and 8 and Lots 7 and 9, Block 3, Tier ll, Town of Sanford, Plat Book 1, Page 61, Public Records of Seminole County, Florida, reserving the use of same unto tile City of Sanford, Florida, for utility purposes. Persons interested may appear and be heard at the time and place specified. 572 MINUTES City Commission, Sanford, Florida May 9 at 7~00 P. M._ _ ]983 City Commission of the City of Sanford, Florida By: H. N. Tamm, Jr. City Clerk Publish: April 22, 1983. The Chairman announced that the City Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed alley closing. The City Clerk reported that notice was sent to the abutting owners on April 20, 1983. Mr. Denver R. Cosgrave, 810 West Second Street, appeared to support the alley closing. Commissioner Farr moved to authorize the City Attorney to prepare the proper ordinance to vacate the alley. Seconded by Commissioner Yancey and carried. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Ordinance No. 1642, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACAT- ING AND ABANDONING A NORTH-SOUTH ALLEY LYING BETWEEN FIRST STREET AND SECOND STREET AND BETWEEN CEDAR AVE- NUE AND HOLLY AVENUE, RESERVING UNTO THE CITY A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. A public hearing was held in accordance with notice published in the Evening Herald on April 20 and 29, 1983, as follows: NOTICE OF 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 9, 1983, to consider changes and amendments to the Zoning Ordinance of hhe City of Sanford, Florida, as follows: The Code of the City of Sanford, Florida Appendix A, Zoning Ordinance (Ordinance No. 1097, as Amended) ARTICLE II. DEFINITIONS OF TERMS USED IN THE REGULATIONS, shall be amended by the addition of Sec. 72 and Sec. 73 as follows: 72. MR-1 & MR-2-Conditional Use-Adult Congregate Living Facility: Any building or buildings, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for periods exceeding 24 hours, housing, food service, and excluding all personal services, for four or more adults 55 years of age, or older, not related to the owner or operator by blood or marriage. A facility for fewer than four adults shall be within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals. 73. RMOI - Conditional Use - Adult Congregate Living Facility: Any builidng or buildings, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food service, and one or more personal services for four or more adults, not related to the owner or operator by blood or marriage, who require such services. A facility offering personal service for fewer than four adults shall be within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly 573 MINUTES City Commission, Sanford, Florida ___ Ma~y. 9 ak_ 7: 00 P. M. ]9 83 provides such services. and ARTICLE V. USE PROVISIONS, Sec. 5. MR-1 (Multiple-Family Residential Dwelling) District, Paragraph B. Conditional Uses Permitted, shall be amended by the addition of Sub-paragraph (4) as follows: (4) Adult Congregate Living Facility. and ARTICLE V. USE PROVISIONS, Sec. 6. MR-2 (Multiple-Family Residential Dwelling) District, Paragraph B. Conditional Uses Permitted, shall be amended by the addition of Sub-paragraph (4) as follows: (4) Adult Congregate Living Facility. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. H. N. Tamm, Jr. City Clerk Publish: April 20 & 29, 1983. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to the proposed amendment. No one appeared. On recommendation of the Planning and Zoning Commission, Commissioner Farr moved to authorize the City Attorney to prepare the proper ordinance for same. Seconded by Commissioner Yancey and carried. On motion of Commissioner Fart, seconded by Commissioner Yancey and carried, Ordinance No. 1643, entitled: was AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMEND- ING ORDINANCE NO. 1097, SAID ORDINANCE BEING KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA, BY THE ADDITION OF SECTIONS 72 AND 73 TO ARTICLE II OF SAID ORDINANCE TO DEFINE ADULT CONGREGATE LIVING FACIL- ITY; AMENDING ARTICLE V, SECTION 5 B, CONDITIONAL USES PERMITTED, BY THE ADDITION OF SUB-PARAGRAPH (4); AMEND- ING ARTICLE V, SECTION 6 B, CONDITIONAL USES PERMITTED, BY THE ADDITION OF SUB-PARAGRAPH (4); PROVIDING SEVER- ABILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading and read in full. A public hearing was held in accordance with notice published in the Evening Herald on April 20 and 29, 1983, as follows: NOTICE OF 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 the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on May 9, 1983, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: at The Sec. 5. MR-1 Code of the City of Sanford, Florida Appendix A, Zoning Ordinance (Ordinance No. 1097, as Amended) ARTICLE V. USE PROVISIONS (Multiple-Family Residential Dwelling) District Paragraph B. Conditional Uses Permitted, shall be amended by the addition of Sub-paragraph (5) as follows: (5) Two-family dwellings which are designated, arranged, and constructed for the ownership of each dwelling unit by a separate and different owner, provided they are constructed at the same time. and 574 MINUTES City Commission, Sanfm'd, Florida_ May 9 _gt ~7:O0 P. M._ 19 83 Paragraph D. Density Controls, Sub-paragraph (2), shall be amended by the addition of Item i. as follows: i. That a portion of the common party wall serving the adjoining dwelling unit may be located on the adjoining parcel, and that fences, swimming pools and accessory buildings may be permitted, subject to recording, in the public records, covenants, conditions, restrictions, agreements, and grants to protect the interest of the individual parcel owners. and Paragraph D. Density Controls, shall be amended by the addition of Sub-paragraph (2-1) as follows: (2-i) For duplex family dwellings sold separately: a. Minimum required lot area, 2-family: 9,000 square feet. b. Minimum required lot width: 85 feet. c. Minimum required front yard: 25 feet. d. Minimum required rear yard: 20 feet. e. Minimum requiree side yard: 10 feet. f. Minimum required living area: 900 square feet per dwelling unit. g. Maximum lot coverage: 35 percent. h. Maximum structure height: Two story; not to exceed 25 feet. i. That a portion of the common party wall serving the adjoining dwelling unit may be located on the adjoining parcel. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. H. N. Tamm, Jr. City Clerk Publish: April 20 & 29, 1983. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed amendment. No one appeared. On recommendation of the Planning and Zoning Commission, Commissioner Smith moved to authorize the City Attorney to prepare the proper ordinance for same. Seconded by Commissioner Yancey and carried. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried, Ordinance No. 1638, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, PROVIDING ADDITIONAL CONDITIONAL USES IN AN MR-1 ZONE FOR TWO- FAMILY DWELLINGS WHICH ARE DESIGNATED, ARRANGED, AND CONSTRUCTED FOR THE OWNERSHIP OF EACH DWELLING UNIT BY A SEPARATE AND DIFFERENT OWNER PROVIDED THEY ARE CON- STRUCTED AT THE SAME TIME; DENSITY CONTROLS; SEPARA- BILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Ordinance No. 1641, 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 ORLANDO DRIVE AND BE- TWEEN FLORIDA STREET AND THE CROSSWAY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. A public hearing was held in accordance with notice published in the Evening Herald on April 29, 1983, as follows: 575 MINUTES City Commission, Sanford, Florida Ma~y 9 at 7: 0_0 p. iq. 1.9 83 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 9, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1640 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AIqEND- ING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZON- ING OF A PORTION OF THAT CERTAIN PROPERTY LYING WEST OF U.S. HIGHWAY NO. 17 & 92, AND BETWEEN LAKE MINNIE DRIVE AND HOSPITAL ROAD FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. Publish: April 29, 1983. H. N. Tamm, Jr. City Clerk Ordinance No. 1640, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMEND- ING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZON- ING OF A PORTION OF THAT CERTAIN PROPERTY LYING WEST OF U.S. HIGHWAY NO. 17 & 92, AND BETWEEN LAKE MINNIE DRIVE AND HOSPITAL ROAD FROM IqR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of April 25, 1983, 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 Yancey moved on the passage and adoption of Ordinance No. 1640. Seconded by Commissioner Smith and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1640, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMEND- ING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZON- ING OF A PORTION OF THAT CERTAIN PROPERTY LYING WEST OF U.S. HIGHWAY NO. 17 & 92, AND BETWEEN LAKE MINNIE DRIVE AND HOSPITAL ROAD FROM MR-1 (MULTIPLE-FAMILY RESIDENTIAL DWELLING) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Recommendations dated Iqay 6, 1983 submitted from the Planning and Zoning Commission as follows: 5?6 MINUTES City Commission, Sanford, Florida .... bi__ay _9__a.L 7: 00 ?. M. ]9. 83 r~mo.~aNDDm DATE: TO: FROM: SUBJECT: May 6, 1983 City Clerk Zoning Inspector P & Z Meeting of May 5, 1983 RECOMMENDATIONS Recommend denial of a Conditional Use for the sale of alcoholic beverages for consumption on the premises, to be located at 203 S. Magnolia Ave. (old Ritz Theater) in the $C-3 zoned district. Rep.-Owen Williams. Recommend approval to change and amend the Zoning Ordinance to add as a Conditional Use under MR-l, two-family dwellings which are designated, arranged and constructed for the ownership of each dwelling unit by a separate and different owner. (Attachment 1.) Recommend approval to change and amend the Zoning Ordinance to add an Adult Congregate Living Facility as a conditional use under MR-1 and MR-2, and hereby amend the ordinance to provide a definition of an Adult Congregate Living Facility under MR-l, MR-2 & RMOI. (Attachment 2.) Approved a Final Plat of Hidden Lake Villas, Phase IV, to be located on Live Oak Blvd. in the MR-1 zoned district, subject to final engineering being met. Rep.-Wes Blount. ready for The final approval. Requests submitted for time City Manager reported that Item 4 is still incomplete and the plat is not Group Report No. No. Address extensions on condemnations Owner Annie M Garrett Roy Hooks 70 82-1054 2008 W 16th St 70 82-1059 1017 Bay Ave Recommended by the City Manager. as follows: Min Housing Code Insp Recommends 90 days 90 days On recommendation of the City Manager, Commsisioner Smith moved to authorize same, provided proper permits are obtained and repairs begun within the first 30 days. Seconded by Commissioner Yancey and carried. The City Attorney submitted a report on permissible regulation of electronic video games, as follows: Stenstrom. Mclntosh. Julian. Colbert Whigham. tttorn~$ and Counsellors at Mw Douglas Stcns~rom Kenneth W. Mclntosh Ned lq. Julian, Jr. William L.Colbertfrank C. Whigham Clayton D. Simmons Thomas l:.Whigham Suite ~ rlasship Bank Fost Office Box 1330 San£ord, Ploricta 377/I (30.5) 3T2-2171 Mr. Warren E. Knowles City Manager Post Office Box 1778 Sanford, Florida 32771 May 9; 1983 577" MINUTES City Commission, Sanford, :Florida_ May 9 at 7:00 P. M. ]9 83 Dear Pete: At the last City Commission meeting there was general discussion con- cerning regulation of electronic video games. I was asked to review the extent of regulation permissible and in the meantime the police department was asked to increase patrol activity in areas where noise and activity was a problem. I indicated that cities would have the right, under home rule powers, to impose reasonable regulations on businesses conducted in their jurisdiction. I have now had the opportunity to review cases and materials on the regulation of video games in other geographical areas. Regulations used by communities vary and may include some of the fol- lowing requirements in various combinations: 1. prohibition of video games as a principal use (limit to incidental or accessory use); 2. adult manager on premises at all times; 3. licensing machines and businesses; 4. distance requirements from churches and schools; 5. parking requirements; 6. limitation of number of persons on premises regulations); (fire 7. curfew requirements for minors; and 8. limitation of hours of operation. Several cases have been decided over the years which hold that a City can regulate video games. In Rothner v. City of Des Plaines, 554 F. Supp. 465 (N.D. Ill. 19~1), a municipal ordinance prohibited video games in all but licensed liquor establishments, and prohibited persons under 21 from operating such games without a parent or guardian present. The prohibition is within the municipality's home rule powers. Since a municipality may totally prohibit these games, the less onerous restrictions here are constitutionally valid. ~ An ordinance prohibiting all persons under the age of sixteen years from being in an amusement arcade during school hours on a weekday was upheld in Pecoraro v. City of Buffalo, 112 Misc.2d 985, 447 N.Y.S.2d 842 (Sup.Ct. 1982). However a provision prohibiting the opera~ion of amuse- ment devices between 11:00 p.m. and 10:00 a.m. of the following day was struck down. The reason that part of the ordinance was struck down was that the ordinance was enacted to control truancy and the court could find no reasonable relationship between truancy and operation of video games between 11:00 p.m. and 10:00 a.m. In City of Mesquite v. Aladdin's Castle, Inc., 451 U.S. 981, 102 SCT 1070, 71L.E.2d 15~ (1982), the Supreme Court upheld a city ordinance governing coin-operated amusement establishments which required the chief of police to consider whether an applicant had "any connection with criminal elements." It did not decide whether another section prohibiting children under 17 years of age from operating amusement devices unless accompanied by a parent was constitutional. In summary, the City has the apparent authority to regulate video games in the city limits. Regulations must be reasonable, rational, and applicable to all. If increased police patrol can eliminate or control the problem, no ordinance would be necessary, but the authority exists if the Commission wishes to exercise it. Sincerely, STENSTROM, McINTOSH, JULIAN, COLBERT & WHIGHAM, P.A., William L. Colbert /pkc MINUTES City Commission, Sanford, Florida _ MaR 9 ~t 7: _00 p. M. ]9 83 Sergeant Shea, Assistant Police Chief, reported they have increased patrols in the area of Park Avenue and 12th Street, and have received no complaints from surrounding residents since the patrols were increased, but if the increased patrols are stopped, the problem will exist again. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Minutes of April 25, 1983, were approved. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Vouchers for the month of April, 1983, were approved as follows: General Fund, Flagship Bank of Seminole, Voucher No. 8536 thru 8547. Refuse Collection & Disposal Fund Flagship Bank of Seminole, Voucher No. 286. ' 283 thru Water and Sewer Revenue Fund, Flagship Bank of Seminole Voucher No 3019 thru 3024. , · Policemen's Pension Fund, Flagship Bank of Seminole, Voucher No. 605. Firemen's Relief and Pension Fund, Flagship Bank of Seminole, Voucher No. 432. Central Paying Account, Flagship Bank of Seminole, Voucher No. 40020 thru 40451. Utility Trust Fund, Flagship Bank of Seminole, Voucher No. 97 thru 99. 1953 Sinking Fund Reserve Fund, Flagship of Seminole, Voucher No. 60. Revenue Sharing Flagship of Seminole, The Mayor reported he will be unable Florida Regional Planning Council Metropolitan 1983, in the Orlando City Hall. the Mayor's representative to carried. Voucher No. 205. to attend a meeting of the East Central Planning Organization to be held on May 19, Commissioner Farr moved to appoint Commissioner Smith as attend said meeting. Seconded by Commissioner Yancey and Realty, Inc., May 25, 1983, services. The City Manager reported that the landfill in Orange City, operated by Lake Marie with which the City has a contract for refuse disposal, will be closing as of and the City is negotiating rates for use of the Seminole County landfill The Acting City Manager reported that the owners of a dump site at 25th Street Country Club Road were served with a notice to bring the site into compliance with city regulations. and The Acting City Manager submitted bid tabulations for re-roofing the French Avenue water plant, as follows: MINUTES City Commission, Sanford, Florida __ May 9 at 7: 00 P. M. 57 Elswick Unlimited Adcock Roofing & Sheet Metal Robert N. Barbour Contracting, Inc. Green Brothers & Roofing Co. Goldman Brothers Roofing Co. E. H. Engelmeier BID PRICE 2,450.00 STARTING DATE 1 week Immediately 2,475.84 1 week 2,850.00 5/5/83 (replacement of wood will cost extra) 3,212.00 1 week 5,002.00 6/1/83 On recommendation of the Acting City Manager, Commissioner meeting specifications from Elswick Unlimited in amount of Commissioner Smith and carried. The Acting City Manager reported the city has to purchase matured and cancelled bonds, as follows: Strahsmeier Securities Company Criswell's On recommendation of the Acting City Manager, amount of $900.00 from Strahsmeier carried. Yancey moved to accept low bid $2,4~7.00. Seconded by received offers from two collectors $900.00 $323.30 Commissioner Yancey moved to accept offer Securities Company. Seconded by Commissioner Smith and On recommendation of the Acting City Manager, Commissioner Yancey moved to authorize salary reclassification for Neil McLeod, Engineering Division, from Drafter C to D, $14,003.79 annual. Seconded by Commissioner Smith and carried. On recommendation of the City Manager, Commissioner Farr moved to payment to Conklin, Porter and Holmes, Engineers, for services of HydroQual, of $5,928.09, from the Renewal Fund. carried. and Replacement authorize Inc., in amount Seconded by Commissioner Yancey and Letter submitted from Mr. Jim Barks, stating that he does not wish to be re- appointed to the Planning and Zoning Commission when his term expires on June 30, 1983. Commission accepted same with regrets and authorized a letter of thanks to Mr. Barks for service. The his Commissioner Yancey moved to appoint Bret Carli to the Planning and Zoning Commission to replace Mr. Barks. Seconded by Commissioner Smith and carried. Commissioner Yancey moved to adopt Resolution No. 1350, and to authorize the Mayor and City Clerk to execute same. Seconded by Commissioner Smith and carried. Said Resolution No. 1350 being in words and figures as follows: 58O MINUTES City Commission, Sanford, Florida 83 May 9 at 7:00 P. M. 19 RESOLUTION NO. 1350 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, URGING THE UNITED STATES CONGRESS TO PASS SENATE BILL 141 AMENDING 42 U.S.C. ~ 1983 and 1988; FURTHER URGING THE UNITED STATES CONGRESS TO MAKE SAID AMENDMENTS APPLICABLE TO ALL CASES NOW AND HEREAFTER PENDING IN THE FEDERAL TRIAL AND APPELLATE COURTS. WHEREAS, prior to 1978, all of America were immune from damage and 1988, and WHEREAS, subsequent to 1978, all municipalities in th~ United States liability under 42 U.S.C. §~ 1983 municipalities in the United States of America became strictly liable in damages under 42 U.S.C. 8~ 1983 and 1988, regardless of whether the constitutional right allegedly violated was clearly established at the time of the alleged violation, and WHEREAS, without having been allowed to raise "good faith" as a defense, municipalities throughout the United States of America have been held liable in damages for violating constitutional rights they had no way of knowing existed at the time of the alleged violation, and WHEREAS, such lawsuits awarding damages against municipalities for violations of rights the municipal officers involved had no : way of knowing existed at the time of the.alleged violation in effect punishes municipal taxpayers and municipal officials for behavior there was no way of knowing was wrong, and WHEREAS, damage awards in such lawsuits represent a significant burden on municipalities and municipal taxpayers throughout the United States of America, therefor, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, AS FOLLOWS: Section 1. Florida, urges the amending 42 U.S.C. The City Commission of the City of Sanford, United States Congress to enact Senate Bill 141 ~ 1983 and 1988 to limit damage awards against municipalities to only those situations where the municipal officials involved violated clearly established constitutional rights and to limit the award of attorneys' fees and coSts recoverable in actions brought under 42 U.S.C. ~ 1983 and 1988. Section 2. The City Commission of the City of Sanford, Florida, further urges the United States Congress to expressly state within the bill amending 42 U.S.C. ~S 1983 and 1988, as above, that all trial courts and appellate courts of the United States of America should examine each case before them under 42 U.S.C. ~ 1983 and MINUTES City Commission, Sanford, Elto'ida May 9 a~ ?: 00 P.. M~._ 19 ~3 581 1988 to determine whether the constitutional rights asserted in that case were clearly established at the time of the alleged violation, and, should they find that those rights were not clearly established at the time of the alleged violation to deny any award of damages against the municipality involved for violation of rights not clearly established at the Section 3. upon its adoption. ADOPTED City of Sanford, 9th day of time of the alleged violation. of this Resolution should take effect immediately at a regular meeting of the City Commission of the Florida, held at City Hall, Sanford, Florida, this May , 1983. ATTEST: Mayor The City Manager reported that on April 26, 1983, the Seminole County Commission had accepted the deed for property at the Northwest corner of Palmetto Avenue and First Street, as recorded in ORB 1453, page 0848, setting forth use of the property for library purposes until April 17, 2003. On recommendation of the City Manager, Commissioner Smith moved to authorize a 90 day time extension for Condemnation Report No. 82-1051, 907 West 12th Street, Henrietta McCloud, owner, with the stipulation that proper permits are obtained and work begins within the first 30 days. Seconded by Commissioner Yancey and carried. Commissioner Yancey moved to authorize the City Attorney to prepare a proclamation to Butch Coombs, for his efforts in helping to apprehend a person charged with several i crimes. Seconded by Commissioner Farr and carried. The Commission authorized the City Manager to request the county to evaluate the i~feasibility of the installation of a traffic light on Highway 46-A at Mayfair Villas. There being no further business, the meeting was adjourned. MAYOR ATTEST: City Clerk~ ms MINUTES City Commission, Sanford, Florida Max 23 at 2:00 P_ M. _ 1983 The City Commission of City Hall in the City of Sanford, Florida, Present: the City of Sanford, Florida, met in Regular Session in the at 7:00 o'clock P. M. on May 23, 1983. Mayor-Commissioner Lee P. Moore Commissioner Milton E. Smith Commissioner Edward A. Yancey Commissioner David T. Farr Commissioner Edwin O. Keith City Attorney William L. Colbert City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. The first item of business was presentation of a plaque to Frank Williams, Parks employee, upon his retirement after 24 years and 8 months service, since October 1, 1958. On motion of Commissioner Smith, seconded by Commissioner Y~ncey and carried, Resolution No. 1351 was read in full and adopted, and the Mayor presented same to Lewis A. Coombs. Said resolution being in words and figures as follows: RESOLUTION NO. 1351 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, coMMENDING LEWIS A. COOMBS FOR HIS HEROIC EFFORTS ON MAY 2, 1983. WHEREAS, on the afternoon of May 2, 1983, a woman and her infant child were abducted at gunpoint in the City of Sanford, Florida; and WHEREAS, later that same afternoon, the abducto~ with his victims, sped away from a filling station in the City without paying for gas; and WHEREAS, said incident was reported to the Police who, in turn, broadcast a radio lookout for the subject and vehicle; and WHEREAS, Lewis A. Coombs heard the broadcast and saw the subject and vehicle at the corner of Celery Avenue and Mellonville Avenue, in the City of Sanford, Florida; and WHEREAS, Lewis A. Coombs, without regard for his own personal safety, followed the vehicle in his tow truck and used his mobile radio and an employee to relay the location of the vehicle to the Police; and WHEREAS, the information supplied by Lewis A. Coombs led to the arrest of the abductor in Volusia County, Florida, and the release of the victims, unharmed; and WHEREAS, the heroic efforts of Lewis A. Coombs deserves public recognition and acclaim, NOW THEREFORE, BE IT KESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, that the City Commission of the City of Sanford, Florida, hereby recognizes and commends Lewis A. Coombs and expresses its sincere gratitude and appreciation for his heroic actions on May 2, 1983. BE IT FURTHER RESOLVED that this Resolution be presented to Lewis A. Coombs and that a copy of same be entered in the minutes of the proceedings of the City Commission of the City of Sanford, Florida. MINUTES City Commission, Sanford, Florida May 23 at7: 00 1}. M_. _. . 19 83 THIS RESOLUTION adopted this ~3rd~ day of ATTEST .' MAYOR May , A.D., 1983. Les Balogh, 2006 Holly Avenue, Sanford, Florida, 1983-84 President of the Sanford- Seminole Jaycees, appeared and gave a presentation of the club's activities. Owen Williams appeared to support a request for a Conditional Use of Sale of Alcoholic Beverages for consumption on the premises at 203 South Magnolia Avenue, the old Ritz Theater building. He reported he has a City license to operate a theater, and wants to have a cinema-pub and sell alcoholic beverages in a restaurant/lounge type setting, however, alcoholic beverage sales will not begin until after 5:30 P. M., but food will be sold before noon. There will be a 5:30 showing, and probably a 3:30 showing. There will be no electronic games. Further, he offered to pave the empty lot across the street from the theater, which the owners have agreed to let the city use for parking. Also, that there are 65 parking spaces on the street, within 100 feet of the building. Others appearing in favor were as follows: Club Road. John Ferguson. Sherri Carpenter. Pat Baxley, 102 Skogen Court, Sanford, Florida, owner of a business Florida, at 1901 County Les Balogh, 2006 Holly Avenue, Sanford, Florida. Chuck Williams' sister, New Smyrna Beach, Florida. Lon Howell. Those appearing in opposition were as follows: Bill MacLaughlin, Celery City Printing Company, 221 Magnolia Avenue, Sanford, appeared and reported he is not entirely in opposition, and asked that if it is approved, the City reduce the maximum parking time limit to one hour in front of his ibusiness, and to put stipulations in the approval that there would be no free beer nor Rated" movies. Dot Powell, owner of a business at 117 Magnolia Avenue, Sanford Florida, , ]appeared and reported she is against the liquor license, and that there are not enough parking spaces. Eleanor Russell, owner of the building where Dot Powell's business is located, appeared to oppose the request. Commissioner Yancey moved to authorize sale of Beer and Wine the premises at 203 Magnolia Avenue, with stipulations as follows: 1. No sale of Beer and/or Wine to minors. 2. No "X-Rated" movies. for consumption on 3. The management to control actions of the patrons to prevent damage and/or disturbance in the area surrounding the cinema-pub. iSeconded by Commissioner Farr and carried over dissenting votes of Commissioner Smith and Co~nissioner Keith. MINUTES City Commission, Sanford, Florida May 23 at 7:00 19J~ 3 Recommendation dated May 11, 1983 submitted from the Central Examining Board as follows: M~MORANDUM . .. Date: May 11, 1983 TO: : .City Manager FROM: Building Official SUBJECT: Central Examining Board Recommendation P~commend the following change to Standard Poumbing Code, Chapter 19, Sanford City Code, Sec. 19-3. Amendments to code Section 1210.1, (added): "Materials" (b) Underground-Inaccessible water distribution piplng under slabs shall be copper water tube minimum type L, brass, cast iron pressure pipe or galvanized steel pipe, all to be installed with approved fittings or bends, or Polybutylene (PB) Plastice pipe or tubing without joints. Any materials subject to corrosion shall be protected when used in corrosive soils. Copper water tube under · slab shall be a continous loop, or all approved fitting must be silver soldered. Changes: 1. Sec. number corrected Sec. remains unchanged but w/ the addition which is underlined On motion of Commissioner Keith, seconded by Commissioner Farr and carried, the City Attorney was authorized to prepare the proper ordinance to amend the Code for same. A public hearing was held in accordance with notice published in the Evening Herald on May 13, 1983, 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 23, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1638 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, PROVIDING ADDITIONAL CONDITIONAL USES IN AN MR-1 ZONE FOR TWO- FAMILY DWELLINGS WHICH ARE DESIGNATED, ARRANGED, AND CONSTRUCTED FOR THE OWNERSHIP OF EACH DWELLING UNIT BY A SEPARATE AND DIFFERENT OWNER PROVIDED THEY ARE CON- STRUCTED AT THE SAME TIME; DENSITY CONTROLS; SEPARA- BILITY, CONFLICTS, AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. H. N. Tamm, Jr. City Clerk Publish: May 13, 1983. MINUTES City Commission, Sanfot'd, Florida May 23_ at 7: 00 P. M. ]983 Ordinance No. 1638, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, PROVIDING ADDITIONAL CONDITIONAL USES IN AN MR-1 ZONE FOR TWO- FAMILY DWELLINGS WHICH ARE DESIGNATED, ARRANGED, AND CONSTRUCTED FOR THE OWERSHIP OF EACH DWELLING UNIT BY A SEPARATE AND DIFFERENT OWNER PROVIDED THEY ARE CON- STRUCTED AT THE SAME TIME; DENSITY CONTOLS; SEPARA- BILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of May 9, placed on final reading. After being read in full, Commission would hear from those persons present to the adoption of the ordinance. 1983, was next the Chairman announced that the speak in favor of, or in opposition to, Frank Ham, 4950 Beth Street, Atlanta, Georgia, appeared and reported he owns property in Seminole County, and felt this ordinance would deteriorate property values. Commissioner Farr moved on the passage and adoption of Ordinance No. 1638. Seconded by Commissioner Smith and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted Ordinance No. 1638, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, PROVIDING ADDITIONAL CONDITIONAL USES IN AN MR-1 ZONE FOR TWO- FAMILY DWELLINGS WHICH ARE DESIGNATED, ARRANGED, AND CONSTRUCTED FOR THE OWERSHIP OF EACH DWELLING UNIT BY A SEPARATE AND DIFFERENT OWNER PROVIDED THEY ARE CON- STRUCTED AT THE SAME TIME; DENSITY CONTOLS; SEPARA- BILITY, CONFLICTS, AND EFFECTIVE DATE. A public hearing was held in accordance with notice published in the Evening Herald on May 13, 1983, 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 23, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which as follows: ORDINANCE NO. 1642 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACAT- ING AND ABANDONING A NORTH-SOUTH ALLEY LYING BETWEEN FIRST STREET AND SECOND STREET AND BETWEEN CEDAR AVE- NUE AND HOLLY AVENUE, RESERVING UNTO THE CITY A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. Publish: May 13, 1983. Ordinance No. 1642, entitled: H. N. Tamm, Jr. City Clerk AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACAT- ING AND ABANDONING A NORTH-SOUTH ALLEY LYING BETWEEN FIRST STREET AND SECOND STREET AND BETWEEN CEDAR AVE- NUE AND HOLLY AVENUE, RESERVING UNTO THE CITY A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of May 9, 1983, was next placed on final reading. After being read by title, the Chairman announced that the 5S6 MINUTES City Commission, Sanford, Florida_ May 23 at 7:.D0 P__. M. ___ 1983 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 Keith moved on the passage and adoption of Ordinance No. 1642. Seconded by Commissioner Yancey and carried. Thereupon, the Chairman announced that the City Commission of the City of Florida, had passed and adopted said Ordinance No. 1642, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACAT- ING AND ABANDONING A NORTH-SOUTH ALLEY LYING BETWEEN FIRST STREET AND SECOND STREET AND BETWEEN CEDAR AVE- NUE AND HOLLY AVENUE, RESERVING UNTO THE CITY A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Sanford, A public hearing was held in accordance with notice published in the Evening Herald on May 13, 1983, 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 23, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1643 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMEND- ING ORDINANCE NO. 1097, SAID ORDINANCE BEING KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA, BY THE ADDITION OF SECTIONS 72 AND 73 TO ARTICLE II OF SAID ORDINANCE TO DEFINE ADULT CONGREGATE LIVING FACIL- ITY; AMENDING ARTICLE V, SECTION 5 B, CONDITIONAL USES PERMITTED, BY THE ADDITION OF SUB-PARAGRAPH (4), AMEND- ING ARTICLE V, SECTION 6 B, CONDITIONAL USES PERMITTED, BY THE ADDITION OF SUB-PARAGRAPH (4); PROVIDING SEVER- ABILITY, CONFLICTS, AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. H. N. Tamm, Jr. City Clerk Publish: May 13, 1983. Ordinance No. 1643, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMEND- ING ORDINANCE NO. 1097, SAID ORDINANCE BEING KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA, BY THE ADDITION OF SECTIONS 72 AND 73 TO ARTICLE II OF SAID ORDINANCE TO DEFINE ADULT CONGREGATE LIVING FACIL- ITY; AMENDING ARTICLE V, SECTION 5 B, CONDITIONAL USES PERMITTED, BY THE ADDITION OF SUB-PARAGRAPH (4); AMEND- ING ARTICLE V, SECTION 6 B, CONDITIONAL USES PERMITTED, BY THE ADDITION OF SUB-PARAGRAPH (4); PROVIDING SEVER- ABILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of May 9, 1983, 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 Yancey moved on the passage and adoption of Ordinance No. 1643. Seconded by Commissioner Fart ond carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, MINUTES City Commission, Sanford, Florida ....... May 23 aL_ 7:00 P. M. 19 83 Florida, had passed and adopted said Ordinance No. 1643, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMEND- ING ORDINANCE NO. 1097, SAID ORDINANCE BEING KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA, BY THE ADDITION OF SECTIONS 72 AND 73 TO ARTICLE II OF SAID ORDINANCE TO DEFINE ADULT CONGREGATE LIVING FACIL- ITY; AMENDING ARTICLE V, SECTION 5 B, CONDITIONAL USES PERMITTED, BY THE ADDITION OF SUB-PARAGRAPH (4); AMEND- ING ARTICLE V, SECTION 6 B, CONDITIONAL USES PERMITTED, BY THE ADDITION OF SUB-PARAGRAPH (4); PROVIDING SEVER- ABILITY, CONFLICTS, AND EFFECTIVE DATE. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Ordinance No. 1644, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 19, SECTION 19-3, STANDARD PLUMBING CODE, THE CODE OF THE CITY OF SANFORD, FLORIDA; SAID AMENDMENT CHANGING THE SECTION NUMBER AND PROVIDING FOR POLYBUTYLENE (PB) PLASTIC PIPE OR TUBING WITHOUT JOINTS; PROVIDING SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. On motion of Commissioner Smith, seconded by Minutes of May 9, 1983 were approved. June Porzig, Century 21 Realty, appeared to request a waiver for paving off-street parking spaces at the apartment house located at Commissioner Yancey and carried, of the requirement 507 Oak Avenue. She submitted a plot plan showing the building and the parking spaces and reported they can provide the required number, but they want to use mulch for them, instead of hard paving. Bruce Kim, 518 Oak Avenue, Sanford, Florida, asked the Commission to make no change until the Planning and Zoning Commission makes a recommendation regarding rezoning the area from multi-family to single-family. Commissioner Smith moved to authorize a six month time extension in which to pave the parking spaces. Seconded by Commissioner Keith and carried over dissenting vote of Commissioner Farr. Commissioner Farr requested the Commission to consider at next meeting, a policy to not require paved parking where less than 10 parking spaces are required. The City Manager reported that the Civil Service Board had held a disciplinary hearing on May 12, 1983, to hear an appeal of firing of Bernard T. Mitchell, that the Civil Service Board had found Bernard T. Mitchell to be "not guilty of insubordination and disgraceful conduct", and was silent on the other grounds for dismissal. Further, that a petition for rehearing has been filed with the Civil Service Board, stating five points of error, and the Civil Service Board has agreed to hear oral arguments from the City Attorney, to consider re-hearing the case of Bernard T. Mitchell's dismissal. On recommendation of the City Manager and the City Attorney, Commissioner Smith moved to authorize the City Attorney to take whatever court system appeal may be needed, Manager as the City's representative in the appeal hearing. and carried. and to designate the City Seconded by Commissioner Farr Commissioner Farr moved to authorize a request from Mrs. Mary Blair to close Oak Avenue between Eighth Street and Ninth Street on Friday, May 27, 1983, from 9:00 A. M. to :00 P. M. for Field Day at All Souls Church School. Seconded by Commissioner Yancey and arried. The Commission authorized to meet with representatives from Conklin, Porter and Holmes on May 27, 1983 at 12:00 Noon to discuss a course of action pertaining to future wastewater treatment plant modifications, expansion and state operating permit. 588 MINUTES City Commission, Sanford, Florida__ May 23 at 7:00 P. M. 19 83 The City Manager reported that Leroy Johnson's term on The Housing Authority of the City of Sanford, Florida, will expire May 20, 1983. Commissioner Farr moved to appoint Dr. Velma Williams to said board. Seconded by Commissioner Keith and carried. The City Manager reported the new municipal warehouse at the Public Works Complex will completed June 10, 1983, and the agreement for the property exchange calls for the City to provide title insurance on the old warehouse site on West Sixth Street. Commissioner Yancey moved to authorize the City Attorney to obtain the proper title insurance. Seconded by Commissioner Fart and carried. Commissioner Keith moved to designate the Marshall Avenue Park on 25th Street as "Clifford McKibbin Park". Seconded by Commissioner Yancey and carried. Request submitted from the Mayors of Daytona Beach Shores, City of Holly Hill, Ponce Inlet and South Daytona, for the City to pass a resolution opposing the amendment of the Florida Statutes Sec. 165.041(1982), or the enactment of any Special Act relative to merger of municipalities. Commissioner Keith moved to adopt Resolution No. 1352, and to authorize the Mayor and City Clerk to execute same. Seconded by Commissioner Yancey and carried. Said resolution being in words and figures as follows: RESOLUTION NO. 1352 A RESOLUTION IN OPPOSITION TO THE AMENDMENT OF THE FLORIDA STATUTES OR THE ENACTMENT OF ANY SPECIAL ACT RELATIVE TO MERGER OF MUNICIPALITIES WHEREAS, Florida Statutes Section 165.041(1982) currently provides that two or more municipalities may merge upon approval by a vote of the qualified voters in each area affected, and WHEREAS, the City Council of the City of Sanford, Florida, deems the foregoing provisions to be of utmost importance to the preservation of the rights of citizens of the various smalier municipalities of this State and to the preservation of the very meaning of democracy itself, and WHEREAS, some persons have suggested an amendment of the foregoing provisions, or the enactment of a special act, to allow a merger of two or more municipalities through the device of a "winner-take-all" referendum, and WHEREAS, the City Council of the City of Sanford, Florida,is of the opinion that any such amendment of the foregoing provisions, or the enactment of any special act, would be detrimental to the citizens of those smaller municipalities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Sanford, Florida, Section 1. That the City Council of the City of Sanford, Florida, hereby expresses its opposition to any amendment of the Florida Statutes or the enactment of any special act, which would allow two municipalities to merge by any menthod other than approval by a vote of the qualified voters in each area affected. Section 2. That the City Council of the City of Sanford, Florida, hereby urges the Seminole County Legislative Delegation to oppose any amendment of the Florida Statutes or the enactment of any special act, which would allow two municipalities to merge by any method other than approval by a vote of the qualified voters in each area affected. Section 3. That copies of this Resolution shall be sent {o each member of the Seminole County Legislative Delegation. MINUTES City Commission, Sanford, Florida May 23 at 7: 00_P. M. 1983 APPROVED AND AUTHENTICATED, this 23rd ATTESI: day of___~ ~ , 19 83. Mayor Villas Phase to authorize carried. The City Manager reported arrangements had been made with representatives from Seminole County that beginning on May 25, 1983 the City will take refuse to the Upsala Transfer Station at 7:30 in the morning, prior to the station being opened to the public. The City Manager reported that all engineering had been completed for Hidden Lake IV and recommended approval. Commissioner Farr moved to approve said plat and the Mayor and City Clerk to execute same. Seconded by Commissioner Smith and Statement dated May 23, 1983 in the amount of $2,932.59 submitted from W. Colbert, City Attorney, for Professional Services for April, 1983. Commissioner Farr moved to authorize payment of same. Seconded by Commissioner Yancey and carried. The City Attorney reported that the legal description in Ordinance No. 1623 contained scrivener's errors, and recommended adoption of an ordinance to correct said legal description. On motion of Commissioner ~ancey, seconded by Commissioner Smith and carried, Ordinance No. 1645, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO CORRECT THAT CERTAIN LEGAL DESCRIPTION CONTAINED IN ORDINANCE NO. 1623, ADOPTED BY THE CITY OF SANFORD, FLORIDA, ON FEBRUARY 28, 1983; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. The City Manager reported that the City had complied with the agreement for restricted use as a library, of the Old Post Office Building, and submitted a letter from the U. S. Department of Education as follows: UNITED STATES DEPARTMENT OF EDUCATION REGION IV t01 MARIETTA TOWER BUILDING ATLANTA,GEORGIA 3032.1 May 13, 1983 In reply refer to: Former U.S. Post Office Sanford, Florida Cont?act No. SA-IV-2751 Mr. W. E. Knowles City Manager City of Sanford P. O. Box 1778 Sanford, Florida 32711 Dear Mr. Knowles: The twenty-year period of restrictive use on the above referenced property expired on April 15, 1983. The last annual Utilization report and our most recent on-site survey of the property disclosed that your program of utilization 590 MINUTES City Commission, Sanford, Florida_ May ~2~ at 7: 00 ~P. M. was consistent with the purposes, terms and conditions of the transfer. Hence, there will be no need for furnishing us an annual utilization report in the future concerning the above referenced property. Your cooperation over the years is appreciated. Sincerely yours, James G. Warner, Director Federal Real Property Assistance Letter of commendation submitted from Herndon Ambulance Service for actions of Police and Fire Department on January 17, There being no further business, the 1983, in reviving a victim at the Montezuma Hotel. the meeting was adjourned. MAYOR Attest: js