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062882-Special Session( 304 MINUTES 'City Commission, Sanford, Florida June 28 at 12: O0 Noon .19 82 The City Commission of the City of. Sanford, Florida, met in. Special Session in the-City Manager's Conference Room in the City Hall at 12:00 'o'clock Noon on June 28, 1982. Present: Mayor-Commissioner Lee:P. Moore Commissioner Milton E. Smith Commissioner Edward A; Yancey Commissioner David'T. Fart Commissioner Edwin O. Keith City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. Absent: City Attorney .William L. Colbert The meeting was called to order by the Chairman, who announced that the purpose of the meeting was to hear from John A. Mulrennan, Jr., .Ph.D., Director, Office of Entomology, Florida Department of Health and Rehabilitative Services, Jacksonville, and Mr. William Opp, Engineer. Dr. Mulrennan presented the state program for participation in mosquito control under Chapter 388, Florida Statutes. He recommended a combination of actions as follows: 1. Use of adultacide. 2. Use of larvacide. 3. Water management - source reduction. Mr. Opp discussed various options to set up a program county-wide or with other areas in the county. The Commission authorized the City Manager to discuss a program with the Seminole County Administrator, Roger Neiswender. ~...,, There being no further business, the meeting was adjourned. M A Y ATTEST: js ~. C IT Y~'C~LER~ - ~ ' FORM 4 MEMORANDUM OF VOTING C'ONFLICTII Moore Lee P. = ~sT E' ~ June 28, 1.982 MAILING ADDRESS . I..J AT NAME OF PERSON RECORDING MINUTES P. O. Box 1697 DOOUNTY H.N. Tamm, CITY zm COUNTY TITLE OF PERSON RECORDING Sanford 32771 Seminole ~MUNICmALITY City Clerk NAME OF AGENCY SPECIFY City Co~ission ~OTH~R MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143 If you have voted in your official capacity upon any measure in which you had a personal, private, or professional inter your special private gain Or the special private gain of any principal by whom you are retained, please disclose the natd below. 1. De~ription of the m~ter upon which you vo~d in your official c~acity: Voted in favor of a motJ, authorize the City Attorney to prepare the proper ordinance to annexi City, certain property owned by Sunniland Corporation, described as West 2/3 of NW ~ of SE ~ of Section 18, Township 20 South, Range 31 East, Public Records of Seminole County, Florida. Description of the personal, private, or professional interest you have in the above matter which inures to your spe the special private gain of any principal by whom you are retained: 1979) ] ~t which inures to e of your interest ,on to into the iollows: I am the sole owner, and President of, Sunniland Corporation. 3. Person or principal to whom the special gain described above will inure: a.[-] Yourself b.[~] Principal by whom you are retained: SIGNATURE, ~/~ Sunniland Corporation (NAME) :iai private gain or DATE ON WHICH FORM 4 WAS FILED RESPONSIBLE FOR RECORDING MINUTES OF THE PERSON MEETING AT FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from of interest arises; if you vote, however, the Conflict must be disclosed pursuant to the requirements described above. .d with the person form need not be when a conflict NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOS GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENS OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAlqD, OR A CIVIL PENALTy NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79 RE CONSTITUTES [ON FROM OFFICE MINUTES City Commission, Sanford, Florida June 28 at 7:00 P.M. t982 The City Commission of the City of Sanford, Florida, met in Regular Session in the City Hall in the City of Sanford, Florida, on June 28, 1982 a'~.~7:00 o~!iclock P. M. 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 Assistant to City Manager Steven D. Harriett City Clerk H. N. Tatum, Jr. Absent: City Manager W. E. Knowles The meeting was called to order by the Chairman. Statement in amount of $1,170.00 submitted from the City Attorney, for Professional ServiCe~ for May, 1982. On recommendation of the City Manager, Commissioner Fart moved to authorize payment of same. Seconded by Commissioner Yancey and carried. Request for annexation submitted from Sunniland Corporation, Lee P. Moore, President for property lying between Pine Way and the Seaboard Coast Line Railroad right-of-way and between Mellonville Avenue and Ingraham Avenue, fur~ther described as follows: The West 2/3 of the Northwest ~ of the Southeast ~ of Sect'ion 18, Township 20 South, Range 31 East, Public Records of Seminole County, Florida. Commissioner Fart moved to authorize the City Attorney to prepare the proper ordi- nance to annex said property. Seconded by Commissioner Smith and carried. The Mayor voted in favor of the motion, and announced that he is the sole owner of Sunniland Corporation, owner of the property being considered for annexation. On motion of Commissioner Yancey, seconded by Commissioner Smith and carried, Ordi- nance No. 1605, 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 OR- DINANCE, A PORTION OF THAT CERTAIN PROPERTY LY- ING BETWEEN WEST 26TH STREET AND WEST 27TH STREET AND BETWEEN ELM AVENUE AND OAK AVENUE; SAID PRO- PERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PRO- VISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. ~ On motion of Commissioner'~.~r~, seconded by Commissioner Keith and carried, Ordi- nance No. 1606, 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 OR- DINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN BEVIER ROAD AND AIRPORT BOULEVARD AND BETWEEN THE SEABOARD COAST LINE RAILROAD RIGHT OF WAY AND TRUMAN BOULEVARD EXTENDED WESTERLY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVER- ABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading and read in full. MINUTES City Commission, Sanford, Florida June 28 at 7:00 P.M. 19 82 A public hearing was held in accordance with notice published in the Evening Herald June 3, 10, 17 and 24, 1982, 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 June 28, 1982, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDIt~ANCE NO. 1601 AN ORDINAl)CE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORJ%TE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN SILVER LAKE DRIVE AND NORTH WAY AND BETWEEN SANFORD AVENUE AND THE SEABOARD COAST LINE RAILROAD RIGHT-OF-WAY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WIP~ THE VOLUN- TARY ANNEXATIO}I PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS, there has been filed with the City Clerk of the City of Sanford, Florida, petitions containing the name of the property owner in the area described hereinafter requesting annexation to the corporate area of the City of Sanford, Florida, and requesting to be included therein; and WHEREAS, the Property Appraiser of Seminole County, Florida, having certified that there is one property owner in the area to be annexed, and that said property owner has signed the Petition for annexation; and WHEREAS, it has been determined that the property described hereinafter is reasonably compact and contiguous to the corporate area of the City of Sanford, Florida, and it has further been determined that the annexation of said pro- perty will not result in the creation of an enclave; and WHEREAS, the City of Sanford, Florida, is in a position to provide'municipal services to the property described herein, and the City Commission of the City of Sanford, Florida, deems it in the best interest of the City to accept said petition and to annex said property. NOW, THEREFORE, BE IT ENACTED BY THE P~OPLE oF THE CITY OF SANFORD, FLORIDA: SECTION 1: That the property as described in Exhibit attached hereto, situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanford, Florida, pursuant to the voluntary annexation provisions of Section 171.O44, Florida Statutes. E X H I B I T "A" A portion of that certain property lying between Silver Lake Drive and North Way and between Sanford Avenue and the Seaboard Coast kine Rail- road right-of-way, further described as follows: 1"~'ot~, the SI~ Corner Of S~ctl0~ 7, T0wn~hip 20 South, Nwl)ge 31 EaSt~ Seminole County, Florida, run N..~9°58,06,,E, ~lon~ tho South ll~e of said SeCtion 7, ~ distance of 1221,2 fee~, thellCU run N,OO~13'0,I,,E,, 25 feet for ~ Point of Duglmmin~ thence run N,BpoSB,06,,E,, 117.8B feet ~o the'Westerly r~C~t-of-~y l~ne of Seabonrd Coost Line R~llroad; thence run ,,long Said right-Of-way 378,23 feet; licorice run Northeasterly alon~ . curve concave No~'tlt- eusterLy having a radius; of 15~?.02 ~oet, ace~tral c~m~le o~' 3t°0?'t3' ' , an utc .dist.)ce ~1.99 teutl :hence run ~ortheasterl~ along . curve concave Northwesterly having a radius of 859.86 ~eet, a centru]l angle o: 2u35'19'', un arc distance of 3d,85 ~eu:~ a el)o~.d bearing o~ N.1?°52'22"~., thence run Southwesterly el,rog a cuvv~ concave Novthwu~tex. ly havin~ rudius et .130,13 feet a central angle of .10°23'33P, bi) ~t'c d~stance et 303,~3 ~eet, n chord Uuarillge°t S,69°4,1'2?.W,,r thencu ~'un S.B9o5~'~3,,~i., 319.74 ~eet, thence run 5.89o59,03,,SV., 30.I.1~ f et to a point ~171.2 ~t,eC eust of the tlast right-of-way line of Sanl'ord Avenue, thence run 5.00o~3,0.1,,~,., pnrallol with said viid[t-of-w~y line B75.20 Jeer to t~e point boginning Containing therein lL,.lBl5 ~c~es, re.ore or lesu. ~ubjeoC to u O~'ainug~ ~mtuement over the Northerly 40 :~ut th~rooT, ~ARCEL ~ l.'~om the NE O0~ne~ of tl~e S%~ 1/4 of :he SW 1/,I of ~uid Section 7, t'tm S,'89°59'03"%~.~ ~long the North Line of 'said ~%' l/4 of the MW l/~, n distance of 2U5.5.7 feel thence run S,00°09' · IO"E., 4-0 f~et fo~ a poit)t of beginning; Lhem. u run S.89059'O3,,iY., 6G feet to a 'point 1171.2 )eb~ Ea~ of the East rt~l~t-of-wuy ].the of Sunford Average, thence re)% S.00o13'O4"~y,, with s~id right-of-way 337.47 feet; ti)enow l't)ll N.BP°59'O3'*E,, 66 feet; thence ~'un N.O0°13'O4"g., 337.47 feet to the point of be~tnnin~, Com)tutm,ing Lheroh% 0.Sll~ ~Cro~, more et' less. Subject ~o a Drainage Easement over th~ We~t 15 feet MINUTES City Commission, Sanford, Florida June 28 at 7:00 P.M. 19 82 307 MIDSTATE LEGAL SUPPLY COMPANY SECTION 2: That upon this ordinance becoming effective the property owner and any resident on the property described herein shall be entitled to all the rights and priviledges and immunities as are from time to time granted to residents and property owners of the City of Sanford, Florida, and as are further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of residence or ownership as may from time to time be determined by the governing authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or a portion of a section of this ordinance proves to be invalid, un]awful, or unconstitu- tional, it shall not be held to invalidate or impair the vali- dity, force, or effect of any section or part of this ordinance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. 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: June 3, 10, 17 & 24, 1982. Ordinance No. 1601, 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 BETWEEN SILVER lAKE DRIVE AND NORTH WAY AND BETWEEN SANFORD AVENUE AND THE SEABOARD COAST LINE RAILROAD RIGHT-OF-WAY; ' SAID PROPERTY BEING SITUATED IN SEMINOLE '~ COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUN- TARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of May 24, 1982, was next placed on final reading. After being read by title, the Chairmmn announced that the Commis- sion would hear from those persons present to speak in favor of, or in opposition to, the adoption of the ordinance. No one appeared. Commissioner Fart moved on the second reading and adoption of Ordinance No. 1601. Seconded by Commissioner Yancey and carried. MINUTES City Commission, Sanford, Florida. June 28 at 7_.'00 P. _M_. __].9 82 ~MTD.qTATE T,F~AT..qTTPPT.¥ P.~qM'PA~T¥ Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1601, 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 BETWEEN SILVER LAKE DRIVE AND NORTH WAY AND BETWEEN SANFORD AVENUE AND THE SEABOARD COAST LINE RAILROAD RIGHT-OF-WAY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUN- TARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. A public hearing was held in accordance with nOtice published in the EveniBg Herald on June 3, 10, 17 and 24, 1982, 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 June 28, 1982, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1602 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 SOUTH 'OF COLLINS DRIVE AND EAST OF STATE ROAD 15 & 600; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY A}IMEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CON- FLICTS AND EFFECTIVE DATE. WHEREAS, there has been filed with the City Clerk of the City of Sanford, Florida, .~etitions containing the name of the property owner in the area described hereinafter re- questing annexation to the corporate area of the City of Sanford, Florida, and requesting to be included therein; and WHEREAS, the Property Appraiser of Seminole County, Florida, having certified that there is one property owner in the area to be annexed, and that said property owner has signed the Petition for annexation; and WHEREAS, it has been determined that the property described hereinafter is reasonably compact and contiguous to the corporate area of the City of Sanford, Florida, and it has further been determined that the annexation of said pro- perty will not result in the creation of an enclave; and WHEREAS, the City of Sanford, Florida, is in a position to provide municipal services to the property described herein, and the City Commission of the City of Sanford, Florida, deems it in the best interest of the City ~o accept said petition and to annex said pzoperty. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That the property a~ described attached hereto, situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanford, Florida, pursuant to the voluntary annexa- tion provisions of Section 171.044, Florida Statutes. City Commission, Sanford, Florida June 28 at 7:00 P._~_,_._19 82 EXHIBIT "A" A portion of that certain proper~ lying south of, Collins Drive and east of State Road 15 & 6DO, further described as follows: LEGAL DESCRIPTION: Parcel No. 1: 'From the intersection of'zhe'.Southerly line of Block "g" of S~lan---n-d~-fftes, as recorded in Plat Book 11, Pages 16 through 22, incllusiv~ Public Records of Seminole County, Florida, with the Easterly right of way line of State Road No. IS and 600, run N.40*S6'02"E. along said fasterlr rieht of way line 55.14 feet to the poSnt.o£ curvature of a curve concave No~thwester~)' and having a radius of 299~.93 feet; thence run N0rtheasterll along the arc of said curve and said Eaiterly right of wa)' line 59.80 feet through a central angle of 01°08'59'' to the point of.beginning; ' thence from a tangent bearing of N.39°47'23"~. continue along the arc of said cu~ze and said Easterly right of way line 178.00 feet through a central angle of 05°24'19"; thence leaving said Easterly right of way line run S._I 41 48 i. 52.85 feet; thence S. S3 40 11 E. 31.65 feet; thenc N.38°27'Bg"E. 58.00-feet to the Southerly right of way line of Collins Drive; thence S.43°34'08"E. along said Southerly right of way line 6.S0 feet to the point of curvature of a curve concave Northeasterly and having a radius of 439.30 feet; thence run 5outheasterly along the'arc of said curve and 'said Southerly right of way line 68.80 feet through a central angle of 07°55'41"; thence leaving said Southerly right of.way line run 5.38°27'~9"~. 192.33 feet; thence N.S1°3'2'21"~. 75.00 feet; thence N.61° 05'12"W.' 77.38 feet to the.point of beginning, containing therein 0.6014 acres, more or Ies$. SECTION 2: That upon this Ordinance becoming effective the property owner and any resident on the property described herein shall be entitled to all the.rights and priviledges and immunities as are from time to time granted to residents and property owners of the City of Sanford, Florida, and aa are further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of residence or ownership as may from time to time be determined by the governing authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or a portion of a section of this ordinance proves to be invalid, unlawful, or unconstitutiona2 it shall not be held to invalidate or impair the validity, force, or effect of any section or part of this ordinance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. All 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: June 3, 10, 17 & 24, 1982. MINUTES City Commission, Sanford, Florida June 28 at 7:00 P.. M. .19. 82 Ordinance No. 1602, 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 SOUTH OF COLLINS DRIVE AND EAST OF STATE ROAD 15 & ~00; 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 EFFEC- TIVE DATE. introduced and placed on first reading and read in full at meeting of May 24, 1982, 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 Keith moved on the passage and adoption of Ordinance No. 1602. 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. 1602, 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 SOUTH OF COLLINS DRIVE AND EAST OF STATE ROAD 15 & 600; 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 EFFEC- TIVE DATE. A public hearing was held in accordance with notice published in the Evening Herald on June 18, 1982, as follows: ~qOTICE 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 June 28, 1982, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as fol- lows: ORDINANCE NO. 1603 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCEENO. 1097 OF SAID CITY, SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CER- TAIN PROPERTY LYING NORTH OF AND ABUTTING WEST FIRST STREET (SR 46) AND BETWEEN TERWILLIGER LANE AND PERSIMMON AVENUE EXTENDED NORTHERLY FROM RMOI (MULTIPLE-FAMILY RESIDENTIAL, OFFICE AND INSTITUTIONAL) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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. MINUTES City Commission, Sanford, Florida June 28 at 7:00 P. M._19 82 MID~'I'A'rl4 LEGAL ~UPPLY ~J(~MPAINY Ordinance No. 1603, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY, SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CER- TAIN PROPERTY LYING NORTH OF AND ABUTTING WEST FIRST STREET (SR 46) AND BETWEEN TERWILLIGER LANE AND PERSIMMON AVENUE EXTENDED NORTHERLY FROM RMOI (MULTIPLE-FAMILY RESIDENTIAL, OFFICE AND INSTITUTIONAL) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of June 14, 1982, 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 Smith moved on.the passage and adoption of Ordinance No. 1603. Seconde by Commissioner Yancey and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted.said Ordinance No. 1603, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. '1097 'OF SAID CITY, 'SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CER- TAIN PROPERTY LYING NORTH OF AND ABUTTING WEST FIRST STREET (SR 46) AND BETWEEN TERWILLIGER LANE AND PERSIMMON AVENUE EXTENDED NORTHERLY FROM RMOI (MULTIPLE-FAMILY RESIDENTIAL,- OFFICE AND INSTITUTIONAL) DISTRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A public hearing was held in accordance with notice published in the Evening Herald on June 18, 1982, 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 JUne 28, 1982, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as ifol- lows: ORDINANCE NO. 1604 AN. ORDINANCE' 'OF THE CITY OF SANFORD,~ FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY, SAID ORDINANCE BEING A ~ZONING PLAN; SAID AMENDMENT~ CHANGING THE ZONING OF A PORTION OF THAT CER- TAIN PROPERTY LYING BETWEEN WE:ST FIRST. STREET. (SR 46) AND WEST SECOND STREET AND BETWEEN MANGOUSTINE AVENUE AND .AVOCADO AVENUE FROM RMOI (MULTIPLE-FAMILY RESIDENTIAL, OFFICE AND INSTITUTIONAL) DISTRICT TO GC-2 (GENERAL COM- MERCIAL) 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. / 3.12 MINUTES City Commission, Sanford, Florida June 28 at 7:00 P. M. 19. 82 MIDSTATE LEGAL SUPPLY COMPANY Ordinance No. 1604, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY, SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CER- TAIN PROPERTY LYING BETWEEN WEST FIRST STREET (SR 46) AND WEST SECOND STREET AND BETWEEN MANGOUSTINE AVENUE AND AVOCADO AVENUE FROM RMOI (MULTIPLE-FAMILY RESIDENTIAL, OFFICE AND INSTITUTIONAL) DISTRICT TO GC-2 (GENERAL COM- MERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading and read in full at meeting of June 14, 1982, 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. 1604. Seconded by Commissioner Smith and carried. ThereupOn, theChairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1604, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY, SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CER- TAIN PROPERTY LYING BETWEEN WEST FIRST STREET (SR 46) AND WEST SECOND STREET AND BETWEEN MANGOUSTINE AVENUE AND AVOCADO AVENUE FROM RMOI (MULTIPLE-FAMILY RESIDENTIAL, OFFICE AND INSTITUTIONAL) DISTRICT TO GC-2 (GENERAL COM- MERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried, Minutes of June 14 and June 21, 1982 were approved. The City Manager reported attempts had been made to contact the Seminole County Administrator, Roger Neiswender, to discuss mosquito control, but he could not be reached. The City Manager reported he had been unable to contact Bud'Feather, and Mr. Feathe~ had not informed him if he had obtained ownership~ of the.former city property in Lake Mon- roe Industrial Park. The Mayor reported that Mr. Feather had discussed by phone, that Attorney William L. Colbert has in his possession the deeds necessary to transfer ownership of said property, and he will record them as soon as the City rescinds the authorization to execute the re- verter clause in REVERTER I Agreement dated November 30, 198t. Letter submitted from the City Attorney to the City Manager, as follows: MINUTES City Commission, Sanford, Florida June 28___at__7:00 P. M~___19. 82 Stenstrom, Mclntosh, Julian. Colbert ~tlorneys and Counsellors at Law Doul~as Stenslrom Kenneth W. Mclntosh Ned N. Julian, Jr. ~riIliam'L. Colbcrt frank C.V'higham Clayton D. Simmons Thomas r_.Whigham. StrRe 22 flagship Bank lost Office :Box 1330 Sanford,rlorida 32T/1 (305)322-2171' June 28, 1982 Mr. Pete Knowles City Manager Post Office Box 1778 Sanford, Florida 32771 Dear Pete: This will confirm my telephone conversation with you Friday afternoon wherein I advised you that the South Shore Club, Inc./Robert G. Feather real estate transaction closed in ,escrow at 3:30 P.M. I am holding the documents in escrow while Mr. Feather appears before the City Commission and asks them to abate their decision to exercise the rights of re- verter. I have prepared a document called Agreement and Reverter. It reflects my understanding of the spirit and intent of the tenative agreement reached with Mr. Feather on May 24th, please.review it and see if you concur (copy attached). Mr. Feather is supposed to come to my office this afternoon to sign it. If the City Commission elects to abate their decision to exercise the right of reverter I believe a motion would be in order to instruct the city attorney not to proceed with the reverter and to authorize the mayor to sign the new Agreement and Reverter. If the City Commission elects to proceed with the reverter a motion would be in order to deny Mr. Feather's request for abatement. As al.ways if you have any ~uestions or if I may be of assistance in any way, please feel free to contact me. Sincerely, STENSTRO~M~h McINTOSH, JULIAN, COLBEf~T &/WH. IOHAM, P.A.,. /pkc Commissioner Fart moved as follows: To rescind previous action of June 14, 1982, authorizing the City Attorney to implement the reverter clause as set forth in REVERTER I dated November 30, 1981. To authorize the Mayor to execute, after recording of transfer to Mr. Feather, a new agreement with Mr. Feather, with a reverter whereby the property will revert to the City if construction is not begun within 270 days from June 1, 1982, and proceeds in accordance with usual standards of development and without unreasonable delay to completion of said improvements. Further, the City to pay Mr. Feather $100,000.00 for the Warranty Deed, if ~hm nr~n~r~v r~vartm to the City. MINUTES City commission, Sanford, Florida. June 28 at 7:00 P.M. 19. 82 MIF~TATF. I.EGAI, ,qIIPPI,Y C,C)MPANY of the former city property in Lake Monroe Industrial Park, being recorded. Seconded by Commissioner Smith and carried. The City Manager submitted a letter from Kelton and Associates, Inc., on the status of the analysis of possible double taxation in Seminole County, and recommended the Commis- sion adopt a resolution identifying services rendered by Seminole County which provide no reat and substantial benefit to property or residents within the City of Sanford. Commis- sioner Keith moved to adopt Resolution No. 1331. Seconded by Commissioner Yancey and car- ried. Said resolution being in words and figures as follows: RESOLUTION NO. 1331 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA IDENTIFYING SERVICES RENDERED BY SEMINOLE COUNTY WHICH PROVIDE NO REAL AND SUB- STANTIAL BENEFIT TO PROPERTY OR RESIDENTS WITHIN THE CITY OF SANFORD AND WHICH ARE FINANCED FROM COUNTYWIDE REVENUES AND AD VALOREM TAXES: PETITIONING THE BOARD OF COUNTY .COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA TO DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES PURSUANT TO SECTION 125.01(6)(a) and (7) FLORIDA STATUTES; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE: WHEREAS, ARTICLE VIII, Section 1 (h) of the 1968 revision to the Constitution of the State of Florida prohibits the taxation of property situated within municipalities for services rendered by the County exclusively for the benefit of property or residents in the unincorporated area of the .County; and WHEREAS, the Florida Supreme Court has determined the provisions of Article VIII, Section l(h) are self-exeCuting; and WHEREAS, the Florida Supreme Court has further interpreted the aforesaid constitutional prohibition to extend to those facilities and services which are of no real and substantial benefit to property or residents situated within municipalities; and WHEREAS, Section 125;01(6)(a), Fl'orida Statutes, provides procedures for the~governzng.body of~a municipality.to petition the .board of.county commissioners for relief from above de'scribed conditions'; and' City Commission, Sanford, Florida June 28 at 7:00 P. M. __19 82 WHEREAS, Section 125.01(7), Florida Statutes, requires Boards of County Commissioners to expend all county revenues, excepting those obtained specially from or on behalf of a municipal service taxing unzt, special district, unincorporated area, service area, or program area, for countywide services, programs and projects; and WHEREAS, the City of Sanford is conducting a study which will identify and itemize services rendered by Seminole County, financed by countywide revenues and ad valorem 'taxes, and which provide no real and substantial benefits to residents and taxpayers o~ the City of Sanford, NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF sANFORD, FLORIDA SectiOn 1. That pursuant to Section 125.01(6)(a) Florida Statutes, the following services are hereby identified to the Board of County Commissioners of Seminole County, Florida, as being rendered specially or exclusively for the benefit of property or residents in the unincorporated areas of the County, and/or as being of no real and substantial benefit to property or residents located within the City of Sanford, Florida although financed from countywide revenues. me Ail costs related to the County Planning Division including comprehensive planning, water resource management, reviews of deve£opment projects in relation to the County's Land Development Ordinanc'es. Be ALI costs related to the County Development Depart- ment's Land Management and Building Divisions. Ce Ail costs of Parks and Recreation Programs/Projects which provide no real and substantial benefit to property or residents located within the .incor- porated ~reas and financed from countywide revenue. MINUTES City Commission, Sanford, Florida June 28 at 7:00 P. M. .19 82 De Ail Engineering costs relating to subdivision review and inspection and design, survey and inspection of county local road system including graded roads. ge Ail Road and Bridge and other non-departmental road expenditures relating to maintenance and/or construc- tion of county local road system including both paved and unpaved roads and road ri~hts-of-way; and all drainage maintenance or construction related to county local ,road system. Fe Ail costs of Environmental Services Section for inspec- tion and issuing permits associated with new develop- ment waste water system tie-in to county system. ROad Patrol and Investigations as 'Provided by the Seminole County Sheriff's Office including aPpropriate payroll, administrative, operating and capital costs. AI'I costs for construction of fire stations which pro- vide services to the residents of unincorporated areas. Ail costs associated with the acquisition, development, equipment, maintenance and operation of the refuse collection and disposal unit. J® Ail above costs of services to include appropriate pay- roll overhead, overhead, supervision, administration and capital costs; including c.osts of Clerk to the Board,.County Administrator, County attorney, per- sonnel, purchasing, data processing and other mainten- ance services, courthouse maintenance, and other similar direct and indirect costs of providing services. Section 2. That the Board of County Commissioners of Seminole County, Florzda, is hereby petitioned to develop appropriate mechanisms and take appropriate actzons under the provisions of Section 1z5.01(6)(a), Florida Statutes, to finance the aforesaid services, facilities and activities MINUTES City Commission, Sanford, Florida June 28 at 7:00 P. M. lrom revenues other than those derived from taxation, assessments, or service charges on property or residents within the City of Sanford. Section 3. The Board of County Commissioners of Seminole County,' Florida, is further petitioned to utilize to the extent necessary, Florida Statute 129.021 to secure additional appropriate data from various County Oliicers. Section 4. The Board of County Commissioners of Seminole County, Florida, is petitioned to return to the City of Sanford, the dmount of taxes, service charges and/or other revenues paid by residents and taxpayers of the City of Sanford as well as all other~ revenues excepting those revenues obtained specificaliy from or on behalf o~ a municipal service taxing unit, special district, unincorporated area, service area, or program 'area, as set forth in Florida Statute 125.01(7), to the extent utilized to finance serviGes-identified in Section 1 of this Resolution, for Fiscal Year 1982-83, and for each ensuing Fiscal Year, until such time as alternate financing mechanisms have been implemented and "double taxation" conditions have ceased to exist. Section 5. The City clerk is hereby directed to transmit a certified copy oi this Resolution to the Board Of County Commissioners of Seminole County, Florida. Section 6. This Resolution shall take effect immediately upon adoption. ADOPTED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA THIS 28th DAY OF June ., 1982. MAYOR ATTEST; 19_ 82 MINUTES CitY CommissiOn, Sanford, Florida. June 28 at 7:00 P.M. .19 82 The City Manager reported that terms on the Code Enforcement Board will expire June 30, 1982 for members as follows: Leo Scott Ernest Horrell Commissioner Yancey moved to re-appoint Mr. Scott and Mr. Horrell to said board for terms of three years. Seconded by Commissioner Smith and carried. The City Attorney reported that in adopting O~d~n~fi'ee No. 1590 for redrafting Chapter 3 of the City Code, Alcoholic Beverages, Section 25 and Section 26, which had been a part of the code, were inadvertently omitted, and he felt it had been the City's intent to adopt the complete chapter with amendments. Further, that he recommended the City adopt an emergency Ordinance to re-enact said Sections 25 and 26. On motion of Commissioner Smith, seconded by Commissioner Yancey and carried, emergency Ordinance No. 1607, entitled: AN EMERGENCY ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1590 WHICH SUB- STANTIALLY REWROTE CHAPTER 3 OF THE SANFORD CITY CODE PERTAINING TO ALCOHOLIC BEVERAGES; TO ADD SECTION 3-23 MAKING IT ILLEGAL TO CONSUME ALCO- HOLIC BEVERAGES IN PUBLIC PLACES, ON SIDEWALKS, OR ON STREETS OF THE CITY; TO ADD SECTION 3-24 MAKING IT ILLEGAL TO ENGAGE IN LEWD, LASCIVIOUS BEHAVIOR IN ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES IN THE CITY; PROVIDING FOR PENALTIES, SEvERABILITY, CONFLICTS'[ AND EFFECTIVE DATE. was introduced, read in full and adopted. The City Manager reported that a Realtor had asked if the City would sell the old city shop building on West Sixth Street, and he would recommend a sales.~price of at least the replacement cost of a warehouse on city property. Commissioner Fart moved to declare the property surplus and no longer of use to the City, and to authorize the City Manager to obtain an appraisal of the property. by Commissioner Keith and carried. follows: Seconded The City Manager submitted a report on relocating the Public Works facilities, as June 22, 1982 MEMORANDUM To: From: Re: Sanford City Commission City Manager Public Works site Several months ago, the City Commission was'approached with the propopition of the City selling the Public Works Complex area for inclusion in the development plans then under consideration. You asked me to determine the value to the City if such a move was under- M IN U'TE S City Commission, Sanford, Florida June 28 at 7:00 P. M.__i9 82 :319 a) 5 acres of land at $25,000.- to $26,000'.- per acre with paved access road and utilities at the site -- $127,500. b) Existing public works facilities as presently constructed - including building, vehicle area, shell equipment yard, fuel island and tanks, etc. -- $303,719.92 (in 1976-77). Construction index increase January, 1976 to date --- up 61.78% .... up-dated costs $491,358.00 ¢) d) Land acquisition Facilities. replacement TOTAL $127,500.00 491,358.00 $618,858.00 Separate from the relocation of the public works facilities, staff discussion and costs for the relocation of the present maintenance and parks buildings and areas on West 6th Street were considered to be combined with the public works complex. Cost estimates for doing so are: Land acquistion - 3 acres additional $ 75,500.00 Building replacement (2) 130,000.00 Fencing 5,900.00 $212,400.00 This proposal has not been pursued as the City has undertaken steps to increase'the security at these two buildings at their present site. e) The present public works site, as fenced, is 4.67 acres. Does the City Commission wish to pursue further the acquisition of land for the relocation of the public works complex? On recommendation of the City Manager, the Commission indefinitely tabled same. The City Manager submitted a request from the Florida League f6r the City to ad- vertise in the October Conference issue, at a cost in amount of $62.00 for 1/8 page, up to $300.00 for a full page ad. The Commission declined same. The City Manager submitted a report on an in-house printing press, as follows: TO: FROM: SUBJECT: MEMORANDUM June 22, 1982 ' City Manager Assistant to City Manager In-House Printing Press Total Printing & Binding Budget: FY 82-83 $14,918 Checks, minute books, codes supplements, - 3,000 water bills, etc. that would still require printing by private printing ~ · fi rm. MINUTES City COmmission, Sanford, Florida June 28 at 7:00 P. M.19.82 To go in-house printing: EQUIPMENT COST Off-set press Plate burner Drill-paper cutter Heavy duty stapler MAINTENANCE MATERIALS Stock, ink, etc. (25% of total amount of printing) LABOR Estimate (25% x $10,O00/yr.) TRAINING Initial set-up total: $ 8,000 1,000 1,500 1,5O0 $12,000 500/yr. 2,979/yr. 2,500 2,500 $}0,479 We are looking at a figure of $20,479 to get started in the printing business with no guarantee of quality workmanship. The City presently does all single part form printing it can on our Xerox 2400. The majority of outside' printing is for multiple part NCR and carbon inter-leaf forms which is a difficult type of printing. Even though this type printing can be done on an off-set press, it is complicated and requires an experienced and knowledgeable printer. On the surface, it appears that after the initial inves.tment of $20,479, the City could save money in subsequent years by going to in-house printing. However, I do not feel this would really be the case. First, it would be a near impossibility to locate an experienced and trained printer to work only on a part-time basis to do the type printing the City requires. The acquisition of personnel to operate the press would be our biggest problem. Note that the figure of $2,500 for labor is very conservative. Training a current City employee is not feasible either. A solid year or more is required, for print training before printers turn their helpers out to do jobs on their own. I do not feel we could, justify committing an employee full time for a year's worth of print training to do the job only on a part-time basis. Other factors also dissuade me from supporting the in-house printing press concept. There is no tie up of capital funds in equipment, amortization or maintenance of equipment to contend with if we continue to have Our printing done outside. Convenience and quality should also be considered, Currently, when we place an order for printing, we are assured of timely work and a good professional job. If the printer's press breaks down, they have a back up and the orders continue to be processed. What would we do with a broken down press and the need of forms mounting up? Repair of this type of equipment is not consistent. Parts and technicians are sometimes scarce. Also, I am sure that various problems arise with certain jobs that only experience and plain old "know how" can resolve. Our access to technical assistance would be limited if not non-existent. In conclusion, I believe that the problems of in-house printing make it clear that we should' not go into this business. Our limited need of printing does not justify the investment, maintenance, and the headaches that would accompany the in-house printing capability. Private enterprise is more suited, equipped and trained to provide this service to the City. The City Manager recommended the City not undertake its own printing. ~: The City Manager reported he will be on vacation June 29 and 30, 1982, and that Steve Harriett has been appointed Actinz City Manager. The Commission authorized same. MINUTES City Commission, Sanford, Florida June 28 at 7:00 P. M. 321 19 82 MT'"~RTATF, T.F..GAT, RTTPPT.¥ GCIMPA'I~¥ The City Manager submitted a request from Greg Hughes, ~ner of property at 1120 Pecan Avenue, Condemnation Report No. 82-1015, for a 90 day time extension. On recomenda- tion of the Minim~ Housing Code Inspector and the City Manager, Co~issioner Yancey moved to authorize same. Seconded by Co~issioner Smith and carried. There being no further business, the meeting was adjourned. MAYOR ATTEST: js CLL K