120481-Special SessionMID~'I'A'I~ LI~GAL SUPPLY ULIMPAN'¥
MINUTES
City Commission, Sanford, Florida
December 4~ at 3:00 P. M.
__1981
The City Commission of the City of Sanford, Florida,metlin Special Session in the
City Hall in the City of Sanford, Florida, at 3:00 o'clock P. M. on December 4, 1981.
Present:
Mayor-Commissioner Lee P. Moore
Commissioner Milton E. Smith
Commissioner Edward A. "Ned" 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 City Manager reported that on December 1, 1981, Tom Rucker, d.b.a. South Shore
Club Inc. had closed on the purchase in amount of $130,000.00 for property located at the
southwest corner of the intersection of FrenCh Avenue and Seminole Boulevard, and further,
that Mr. Rucker had requested an extension from 30 days to 180 days for the time to begin
construction. Said property described as follows:
Lots 5, 6, 7 (Less the Westerly 84.06 feet of said Lot 7)
and 11, LAKE MONROE INDUSTRIAL PARK, according to the
Plat thereof as recorded in Plat Book 14, Page 2~,
Public Records of Seminole County, Florida; Lots 3, 4,
and 8 (Less the Westerly 209.06 feet of said Lot ~),
LAKE MONROE INDUSTRIAL PARK, amended replat according
to Plat Book 14, Page 78 of the Public Records of
Seminole County, Florida; and also that abandone&
portion of MAPLE CONCOURSE as set forth in that
certain instrument of record, recorded in Official
Records Book 977, Page 418, Public Records of Seminole
County, Florida.
The City Attorney reported that Mr. Rucker requested the title to be in the Name
of South Shore Club, Inc., a corporation in which Mr. Rucker is the principal and sole stock-
holder; and also for t80~days for start-up time.
Jesse Graham, Attorney for Mr. Rucker, appeared and presented that they could en-
counter many problems in an analysis of the property in relation to the soil conditions and
use for high rise construction, and requested the Commission to consider extensions longer
than 180 days to begin construction.
Commissioner Fart moved to authorize a 180 day time periOd from date of closing,
during which construction is to be started, and the Commission may review progress at that
point to consider an extension if necessary, based on progress made during the 180 days.
Seconded by Commissioner Keith. Motion failed to carry over dissenting votes of Mayor Moore,
Commissioner Yancey and Commissioner Smith.
Commissioner Yancey moved to authorize a six month time limit from date of closing,
in which Mr. Rucker is to begin construction. Seconded by Commissioner Smith and carried
over dissenting votes of Commissioner Farr and Commissioner Keith.
Commissioner Smith moved to authorize title to said property to be executed in
the name of South Shore Club, Inc. Seconded by Commissioner Yancey and carried.
The City Manager submitted a letter dated December 3, 1981, from the City Attorney,
as follows:
MINUTES
City Commission, Sanford, Florida
DeCember 4 at 3:00 P. M.
_1981
Stenstrom, Mclntosh, Julian. Colbert e Whigham, E 3,.
ikttorneys and Counsellors at law
Douglas Stenstrom
William L. Co[bert
Kenneth W. Mclntosh Ned N. Julian, Jr.
Prank C. Whigham Thomas e_.X~higham
Clayton D. Simmons
Suite 22 l~lagship Bank
l'ostOffice gox1330 Sanford,l~lorida 32771 (305)322-Z171
December 3, 1981
Mr~ Pete Knowles, City Manager
City of Sanford
Post Office Box 1778
Sanford, Florida 32771
Re: Gustafson vs. City of Sanford, et al
Dear Pete:
The purpose of this letter is to advise you and the Commission
of the status of this case.
As you know, Jack Bridges filed a lawsuit and in response we
filed a Motion To Dismiss Or Abate which should be scheduled
for a hearing within the neXt two weeks. I have conducted
legal research to the allegations of the Complaint, and you
and the City. staff have conducted research into the number
and location of licenses'within the City.
Legally, I believe the City has the authority to impose
distance requirements on the issuance of licenses, however,
the City must issue the licenses in a consistent even-handed
manner. It appears, based on information at hand, that of
40 licenses 30 or more are located within 500 feet of each
other. This does not put us in good posture before the Court.
There are a number of arguments we can make to the Court on
behalf of the City's position, but the case would probably
be decided on the basis of whether or not the Court believes
'the City of Sanford has consistently enforced its own Ordin-
ance. If the Court finds it has no= been enforced, I believe
the decision to deny the license in all likelihood would be
overturned.
Please pass this information on to the Mayor and City Commis-
sion and of course, I will abide by any decision that they
reach.
~.~Colbert
/pkc .
The City Attorney r~ported on options available to the City, as follows:
1) Continue with the court case.
2) Indicate, based on the facts of this case, that the Commission prefers
not to go to court on eigher this case, or a case which might arise
from the denial on November 23, 1981, of zoning for an alcoholic bever-
age license at 2700 Sanford Avenue.
3. City Attorney and City Manager get together and formulate a proposed
ordinance to regulate the sale of alcoholic beverages for consumption
on the premises.
and further, that any. action the Commission took now on a new ordinance to regulate the sale
of alcoholic beverages for consumption on the premises would have no effect on prior approv-
City Commission, Sanford, Florida _
SL
D_e ~ mb e r~_~L_a~ '~0~ ~_M_~i 9_ 81_
in preparing a proposed ordinance to regulate the sale of alcoholic beverages for consumption
on the premises, which should contain criteria for establishing the location of said busines-
ses. Seconded by Commissioner Yancey and carried over dissenting votes of Commissioner Smith
and Commissioner Yancey.
William Hutchison, Attorney, appeared and reported that the Sanford Airport Autho-
rity had been authorized by Chapter 71-924, Acts of Florida, and requested the City to adopt
a resolution to be recorded which would delegate the authority to lease and operate the San-
ford Airport Authority. Commissioner Farr moved to adopt Resolution No. 13i5, and to autho-
rize the Mayor and City Clerk to execute same. Seconded by Commissioner Smith and carried.
Said Resolution being in words and figures as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA, DESIGNATING SANFORD
AIRPORT AUTHORITY, A PUBLIC BODY POLITIC AND
CORPORATE, AS THE AGENT OF SAID CITY FOR THE
PURPOSES OF CONTROL, DEVELOPMENT, OPERATION
AND MAINTENANCE OF SANFORD AIRPORT AND ALL
RELATED FACILITIES PURSUANT TO CHAPTER 71-924,
LAWS OF FLORIDA ACTS OF 1971, AND RATIFYING
ALL ACTIONS OF SANFORD AIRPORT HERETOFORE TAKEN.
WHEREAS, by deed dated September 4, 1969, the United States
of America conveyed to City of Sanford, a municipal corporation,
the real properties, improvements and facilities formerly constitut-
ing Naval Air Station, Sanford, Florida, and now known as Sanford
Airport, said deed recorded in Official Records Book 743, page 499,
Seminole County Public Records; and
WHEREAS, in order to effectively operate, maintain and
develop said airport and the industrial properties included therein,
the City of Sanford sponsored and caused to be enacted Chapter 71-
924, Laws of Florida Acts of 1971, which created Sanford Airport
Authority; and
WHEREAS, the City of Sanford implemented said act by appoint-
ing the first members of the governing board of Sanford Airport
Authority delegating to said Authority the responsibility for the
operation, development, maintenance and improvement of said airport
property, its~improvements, facilities and industrial area; and
WHEREAS, said Sanford Airport Authority has since August 31,
1971, pursuant to said delegation of authority, operated, maintained,
improved and developed said airport property and more particularly
the industrial areas thereof which has included but not been limited
to leasing of industrial facilities, construction of industrial build-
ings for lease and financing of the same; and
MINUTES'
City Commission, Sanford, Florida_
D_e_c__e_mb__er _4__at 3:00 P. __M~_19_8_1_
Authority the right to exercise such jurisdiction, over said airport
and its properties; and
WHEREAS, in connection with previous financing, leasing, and
industrial development as well as present financing including but
not limited to industrial revenue bonds pursuant to Chapter 159,
Florida Statutes, it is. necessary that the authority.delegated by
City of Sanford to Sanford Airport Authority appear as a matter of
public record;
NOW, .-THEREFORE, BE IT RESOLVED by the City of Sanford, Florida
that as of August 31, 1971, City of Sanford, Florida delegates unto
Sanford Airport Authority all of the rights, powers and authority
necessary for Sanford Airport Authority to exercise the control and
jurisdiction over the properties comprising Sanford Airport and as
described in the above-referenced deed from the United States of
America to City of Sanford pursuant to Chapter 71-924, Laws of Florida
Acts of 1971, said City of Sanford by these presents~constituting said
Sanford Airport Authority as its agent for such purposes.
BE IT FURTHER RESOLVED that all actions taken by Sanford Air-
port Authority in connection with the above-described properties and
the development thereof including but not limited to resolution dated
the 14th day of July, 1981, relating to leasing and financing for
AMF, Incorporated, and resolution dated the 13th day of October,
1981, relating to leasing and financing for Scotty's, Inc., be and
the same are hereby ratified and confirmed.
BE IT FURTHER RESOLVED that the aforesaid delegated authority
granted to Sanford Airport Authority shall continue until the same
is revoked by appropriate resolution when said resolution is recorded
in the Public Records of Seminole County, Florida.
PASSED AND ADOPTED this 4th day of December,' A.D., 1981.
CITY OF sANFORD, FLORIDA
By s/ Lee P. Moore
Lee P. Moore, Mayor
Attest:
s/ H. N. Tamm, Jr.
H. N. Tamm, Jr., City Clerk
The City Manager reported that on December 4, 1981 in the. case of City vs. Ever-
green and Forrie, Circuit Judge Joe Davis had executed an order of taking of approximately
~ ] ~r~ ~ ]And ~or ~x~an~ion of the wastewater treatment plant. The Commission authorized
MINUTES
City Commission, Sanford, Florida._
December 4 at 3:00 P. M. .1981
MILI~'I'A'I'PJ LkiC4~J~L ~[JPP.G'/ L;UMp~BIY
The Mayor reported that a local bank had submitted a request for the City to con-
sider requesting bids for a bank to be designated as the City Depository, based on the ser-
vices offered, fees charged, balance requirements and interest to be earned by the City on
demand account balances. The Mayor stated the~City had on hand Salary account checks and
Central Paying account checks sufficient to cover the requirements until February or March,
1983. The Commission authorized a consideration of bidding to coincide with reordering of
checks.
him to handle the case Gustafson vs. City of Sanford, re:
premises of alcoholic beverages at 1200 French Avenue.
The City Attorney reported he would like direction as to how the Commission wishes
zoning for consumption on the
Mayor Moore moved to authorize the City Attorney to seek resolution and dissolution
of the lawsuit through the issuance of the requested zoning. Seconded by Commissioner Fart
and carried over dissenting vote of Commissioner Keith.
The City Manager reported he has 11 vacation days remaining from the 1980-81 budget
year, and would like to use them in January 1982, due to surgery in his family and the Com-
commission authorized same. ~
There being no further business, the meeting was adjourned.
MAYOR
ATTEST:
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~ITY CLF~K- ~/