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