072384-Regular SessionMINUTES
City Commission, Sanford, Florida
July 23 at 7:00 P. M.
The City Commission of the City of Sanford, Florida, met in:Regular Session in the
City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on July 23, 1984.
Present:
Mayor-Commissioner Lee P. Moore
Commissioner Milton E. Smith
Commissioner Edward A. Yancey
Commissioner David T. Farr
Commissioner Edwin O. Keith
Acting City Attorney Ned Julian
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.
A public hearing was held in accordance with notice published in the Evening
Herald on July 3 and 13, 1984, as follows:
NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND
AMENDMENTS iN CERTAIN DISTRICTS AND BOUNDARIES OF
THE ZONING ORDINANCE, AND AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN 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 July 23, 1984, to consider
changes and amendments to the Zoning Ordinance, and amending the
Future Land Use Element of the Comprehensive Plan of the City of
Sanford, Florida, as follows:
A portion of that certain property lying between French
Avenue (U.S. 17-92) and Elm Avenue extended Southerly
and between West 20th Street and Amelia Avenue is
proposed to be rezoned from RC-1 (Restricted
Commercial) District to GC-2 (General Commercial)
District. .Said property being more particularly
described as follows:
Lot 1, less the West 8 feet, and all of Lots
2 and 3, Block 1, Highland Park, Plat Book 4,
Page 28, Public Records of Seminole County,
Florida.
Ail parties in interest and citizens shall have an oportun-
ity to be heard at said hearing.
By order of the City Commission of the City of Sanford,
Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a.
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tamm, Jr.
City Clerk
Publish: July 3 and 13, 1984.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed rezoning.
The City Clerk reported notice was sent to the owner on June 15, 1984 and the
property posted on June 20, 1984.
Robert Deemas, 700 Coachlight Drive, Fern Park, Florida, appeared and reported he
is an officer of the owner, Nordstar Properties, Inc., and they want to construct a small
building for commercial use, which will not be harmful to the residential' neighborhood.
Further, the properties around theirs are being used for GC-2 uses.
A. A. McClanahan, 409 Editha Circle, Sanford, Florida, appeared and submitted a
letter to the Planning and Zoning Commission from people in the neighborhood, objecting to
~h~ ~~ ~n~r~] ~mm~rcia! zonina. Further. nothinq in the block is GC-2.
325
19 84
326
MINUTES
City Commission, Sanford, Florida
July 23 at 7:00 P. M.
19 84
to deny the request to rezone the property.
Seconded by Commissioner Keith and carried over
dissenting vote of Commissioner Farr.
A public hearing was held in accordanC~ with notice published in the Evening
Herald on July 3 and 13, 1984, as follows:
NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND
AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF
THE ZONING ORDINANCE, AND AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN 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 July 23, 1984, to consider
changes and amendments to the Zoning Ordinance, and amending the
Future Land Use Element of the Comprehensive Plan of the City of
Sanford, F~orida, as follows:
A portion of that certain property lying between
Academy Manor Unit 1 and Eighteenth Street and between
Airport Boulevard and Academy Manor Unit 2 is proposed
to be rezoned from SR-1 (Single-Family Residential
Dwelling) Distr~ct to RI-1 (Restricted Industrial)
District. Said property being more particularly
described as follows:.
From the NorthWest corner of S~ction 35, Towncllip'L9
South, Range 30 East:,. run thence South 0"06'20"
.%lonq ~e~ li~e of sa{d Section 35 ..~;,d center ].ine
A[~po~t ~oulevard a d[sta~ce of 7~2.50 feet 'for a
point of beqinning; said point also being tho
Southwes~corHer of ACAI)~I%Y ~NOR tlIIIT I as recorded'
tn Pla'{'Book 13, Paqe 93, Public Records of Seminole
County, Florida, run ~hence .North 89"G6'40" East along
the Sputh line of said subdivision '1,083.66 fget to
the Southeast corner 'of Lot 107 of said subdivision;
run thence North 155.07 feet to th~ Southwest corner
of [~t 108 0f aforesaid subdivision; run thence
Horth 89-36,40,~ East 270.00 feet 'to the SouthWest
corner of l,ot ~, ACADE~Iy MANOR UNIT II, as re'corde.d
1,~ Pla~ Book 16, Paqe 24, of tho Publlc Records '~g -'~
Seminole County., Flor{da; ru~ thence South
East 25.0~ ~ee~ to the Northwes~ corner of Lo~.17
afot'esaid ACADE~IY ~NOR UNIT It, saJ,d point also .
beln,l .a point on a curve concave Easterly having a
radius of ]85.00 feot; thence from'a tangent 'bearing
of South run 'Southerl~ along the arch of said curve
ancl the Hesterly line of afor%~ald ACADEMY
llt4I~. ~Ia d~stance of 268.14 fee~ through a cen~gal
cut'vo), of a c%~rvo concave Sotlthwesterl~ having
. racliua of 5q2.6,2 feot; run th,ncc alo~q the arch
sa.id' curve. ~nd said l~es:~erly line of ACADEMY b~NOR
[}NIT IY 412.75 fee~ through a c,ntral angle of
39'fi4'19', to the Point of Tangency; rum thence '
South alonq aforesaid Westerly ~lnd 115.fl2 feet to
the qortheast 'corner o~ L6t 29-of aforesaid ACADE~IY
~'NOa UNIT If; run thence Nest along the North line
.of Lot 2'9'~ distance of 120 feet to the Northwest
COrner of said Lot 2g; ru~ thence 'North 36.31 feet,
thence Hest'lT~.00 feet to the Northwos't, corner
of 'Lot 30, o['aforematd ACAD~,Iy ~NOR UNIT 'II;
the,,t-e South alon, ";esterly ,lln~ of aforesald ·
ACADFbly blA;4t)R UNIT II 3fl].73 fee~ .to the Southwest
core,or of aforesaid ACADF31Y ~NOR UNIT II; :run · ·
thence South fl9"40"47" west' ~]14.7f~ fee~ to the
aforesaid West line of sect[on 35 and center
'~f A~r[,,)rt ]loulevartl; ruff thence ~orth 00"06'20" '
%'les~ alon~ said I~est section l[~%e a~%d center
1~6% ~54.35 feet to the ~oint of.boqinninq
co,~ta~ninq 29..94n4 acres moro or l~ss. Replatin~
;'ort~nns n~ Blocks 75, 76 and ~0 of :4. ;.~.
SIIhl%lvlfilO~i. as ~ecocded in Plat Book 1, Page 5'5,
of Seminole County,
Ail parties in interest and citizens shall have an'oDDortun-
. MINUTES
City Commission, Sanford, Florida
327
July 23 at 7:00 P. M. 19 84
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which~record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tamm, Jr.
City Clerk
Publish: July 3 and 13, 1984.
The Chairman announced'that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed rezoning.
The City Clerk reported that notice was sent to the owner, BarnEtt Bank of South
Florida, N.A., on June 20, 1984 and the property was posted on June 20, 1984.
Bob McKee, 403 Terrace Court, Sanford, Florida, appeared and reported plans to
develop an office-warehouse type commerce park which will be surrounded by a six foot
privacy screen. Further, they have agreed to donate to the City about four acres on the
Academy Manor side of the property, for use as a City park, with the understanding that the
City will develop the park.
Doris Thomas, President, Academy Manor Neighborhood Ass'ociation, appeared and
reported the residents of Academy Manor support the proposed developments, and requested the
park be named for the Academy Manor Subdivision.
Daisy Curry, 119 Bethune Circle, Sanford, Florida, appeared and asked what
guarantee the residents of Academy Manor have-that the City will build the park, and when;
whose responsibility will it be to make sure the land is properly drained; and who is
responsible for purchasing the equipment and future maintenance.
The Mayor reported the City Commission has said the City will develop the park,
and it has been authorized for the 1984-85 Budget Year; and the drainage and maintenance
will be the responsibility of the Parks and Recreation Department.
Commissioner Yancey moved to authorize the City Attorney to prepare the proper
ordinance to rezone the property. Seconded by Commissioner Smith and carried.
Bob Fisher, Attorney with the firm of Cleveland, Bridges and Gray, 201 North Oak
Avenue, appeared to represent Ms. Mary Keeton regarding 918 West llth Street. He reported
that the City had widened the ditch, using Ms. Keeton's property, and increased the slope of
the ditch from her property.
The Mayor reported the ditch is a natural drainage ditch, and all the City does is
clean it out, and the City has not widened it.
After discussion, the Commission authorized the City Manager, together with
Attorney Fisher, to talk to Ms. Keeton's contractor, to try to work out a solution.
Request submitted from the First Assembly of God church, 304 West 27th Street, to
temporarily park a trailer for storage of auction material and to waive the license fee for
a refreshment stand and auction on September 15, 1984. Commissioner Farr moved to authorize
same. Seconded by Commisioner Smith and carried.
Request submitted from Kenneth W. McIntosh, Attorney representing the Richter
family, to vacate streets, parkways and easements lying between Persimmon Avenue and vacated
Tamarind Avenue and between Monroe Street and West First Street. Commissioner Smith moved
to authorize a public hearing to be held on August 13, 1984 to consider same, and for proper
328
MINUTES
City Commission, Sanford, Florida
July 23 at 7:00 P. M. 19 84
depository for City Funds. Commissioner Farr moved to deny the request. Seconded by
Commissioner Smith and carried.
Commissioner Smith moved to authorize the City Attorney to prepare a resolution to
require banking institutions which are depositories of City Funds to be located or have a
branch office located within the City of Sanford. Seconded by Commissioner Yancey and
carried.
The Commission next considered the proposed budget for 1984-85, and setting the
millage for same.
Commissioner Smith moved to adopt the proposed budget for 1984-85. Seconded by
Commissioner Yancey and carried.
Commissioner Farr moved to adopt a roll back millage of 3.0325 mills. Seconded by
Commissioner Keith and carried.
Commissioner Farr moved to adopt a proposed millage of 3.028 mills. Seconded by
Commissioner Smith and carried.
Commissioner Farr moved to authorize a public hearing on the "tentative Budget" to
be held at 7:00 P. M. on September 10, 1984 in the City Commission Room. Seconded by
Commissioner Smith and carried.
On motion of Commissioner Yancey, seconded by Commissioner Smith and carried,
Ordinance No. 1710, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING AND ABANDONING A TEN (10)
FOOT EASEMENT LYING WEST OF AIRPORT BOULEVARD
AND BETWEEN WEST 25TH STREET AND COUNTRY CLUB
ROAD; PROVIDING SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
was introduced and placed on first reading and read in full.
On motion of Commissioner Smith, seconded by Commissioner Yancey and carried,
Resolution No. 1372 was read in full and adopted. Said Resolution being in words and
figures and follows:
RESOLUTION NO. 1372
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AMENDING
RESOLUTION NO. 1156 ADOPTED JULY 8, 1974, BY AMENDING
A S~CTION CONCERNING OP~ SPACE RBQUIRSMENTS IN
DEVELOPMENT OF MULTI-FAMILY DWELLING UNITS.
WHEREAS, the subdivision regulations of the City of Sanford,
Florida', recognize that the requirement of public sites and open space
serve a public purpose, and
WHEREAS, by Resolution No. 1156 adopted July 8, 1974, the City
of Sanford, Florida, es2ablished criteria for the development of open
space within the City of Sanford, and
WHEREAS, the City Ccmm%ission of the City of Sanford, Florida, has
determined that a modification to existing regulations is appropriate and
in the public interest,
NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
MINUTES
City Commission, Sanford, Florida
329
July 23 at 7:00 P. M. 19 84
multi-family dwelling units shall provide the standard of 600 sc~3_are feet
per dwelling unit for open space on site, or with the approval of the
City Co~m,~ssion, make payment in lieu of open space at a fee of $150.00
for each unit, or with the approval of the City Coc~,~ssion, provide
suitable open space in other City designated areas of the city based on the
600 square feet per dwelling unit standard. Open space requirement of three
(3) acres or less shall require payment in lieu of open space due to
insufficient area for public park use.
SECTION 2: That this Resolution be recorded in the Official
minutes of the City of Sanford, Florida.
PASSED .A~D ADOPTED this 23rd , A. D.,
1984.
AI~fEST:
day of July
~AYOR
Commissioner Yancey moved to remove from table, consideration of adoption of
Ordinance No. 1706. Seconded by Commissioner Smith and carried.
On motion of Commissioner Yancey, seconded by Co~aissioner Smith and carried,
Ordinance No. 1706, entitled:
AN ORDINANCE OF THE CiTY OF SANFORD, FLORIDA,
REGULATING TREES WITHIN THE CITY LIMITS BY
REQUIRING PERMITS FOR REMOVAL OF'TREES, PROVIDING
APPLICATION PROCEDURES, EXEMPTIONS AND EXCEPTIONS,
REQUIRING THE PRESERVATION OF TREES DURING
DEVELOPMENT AND CONSTRUCTION, PROVIDING REGULATIONS
PERTAINING TO UTILITY COMPANIES, DEFINING REPLACEMENT
STOCK, PROVIDING AN APPEALS PROCEDURE, PENALTIES,
CONFLICTS, SEVE~BILITY AND EFFECTIVE DATE.
was read by title.
The Acting City Attorney reported that single-family and duplex units have been
deleted from the requirements of the ordinance.
Pat Sentell appeared to repesent the Garden Club, SISTER, and the Woman's Club
and reported they have not .had a chance to properly review the proposed ordinance, and asked
the Commission to table the ordinance until they can make a reco~aendation.
Commissioner Farr moved to table consideration of the adoption of Ordinance No.
1706.
Seconded by Commissioner Smith and carried.
A public hearing was held in accordance with notice published in the Evening
Herald on July 8, 1984, 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 July 9, 1984, to consider
the adoption of an ordinance by the City of Sanford, Florida~
title of which is as follows:
330
MINUTES
City Commission, Sanford, Florida
July 23 at 7:00 P. M. 19 84
SUB-SECTION 2; SAID SECTION PROVIDING FOR OFF-STREET
PARKING REQUIREMENTS; 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.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tamm, Jr.
City Clerk
Publish: July 8, 1984.
Ordinance No. 1707, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1097, SAID ORDINANCE BEING THE ZONING
ORDINANCE, APPENDIX A, TO AMEND ARTICLE VI., SECTION 2,
SUB-SECTION 2; SAID SECTION PROVIDING FOR OFF-STREET
PARKING REQUIREMENTS; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading and read in full at meeting of June 25, 1984, was
next placed on final reading. After being read by title, the Chairman announced that the
Commission would hear from those persons present to speak in favor of, or in opposition to,
the proposed adoption of Ordinance No. 1707. No one appeared.
Commissioner Keith moved on the passage and adoption of ordinance No. 1707.
Seconded 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. 1707, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1097, SAID ORDINANCE BEING THE ZONING
ORDINANCE, APPENDIX A, TO AMEND ARTICLE VI., SECTION 2,
SUB-SECTION 2; SAID SECTION PROVIDING FOR OFF-STREET
PARKING REQUIREMENTS; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
A public hearing was held in accordance with notice published in the Evening
Herald on July 12, 1984, 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 July 23, 1984, to consider
the adoption of an ordinance by the City o~ Sanford, Florida,
title of which~ is as follows:
ORDINANCE NO. 1708
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1097, SAID ORDINANCE BEING THE ZONING
ORDINANCE, APPENDIX A, ARTICLE V, SEC. 3, TO PROVIDE A NEW
SECTION 3.1 (MODIFIED PUD-A) AND NEW SECTION 3.2
(MODIFIED PUD-AA); PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
A copy shall be available in 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.
Bv order of the City Commission of the City of Sanford.
MINUTES
City Commission, Sanford, Florida
331
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286o0105)
H. N. Tamm, Jr.
City Clerk
Publish: July 12, 1984.
Ordinance No. 1708, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1097, SAID ORDINANCE BEING THE ZONING
ORDINANCE, APPENDIX A, ARTICLE V, SEC. 3, TO PROVIDE A NEW
SECTION 3.1 (MODIFIED-PUD-A) AND NEW SECTION 3.2
(MODIFIED PUD-AA); PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
July 23 at 7:00 P. M. 19 84
introduced and placed on first reading at meeting of July 9, 1984, was next placed on final
reading. After being read by title, the Chairman announced that the Commission would hear
from those persons present to speak in favor of, or in opposition to, the proposed adoption
of Ordinance No. 1708. No one appeared.
Commissioner Yancey moved on the passage and adoption of Ordinance No. 1708.
Seconded by Commissioner Smith and carried.
Thereupon, the Chairman announced that the City Commissin of the City of Sanford,
Florida, had passed and adopted said Ordinance ~o. 1708, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1097, SAID ORDINANCE BEING THE ZONING
ORDINANCE, APPENDIX A, ARTICLE V, SEC. 3, TO PROVIDE A NEW
SECTION 3.1 (MODIFIED PUD-A) AND NEW SECTION 3.2
(MODIFIED PUD-AA); PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
On motion of Commissioner Keith, seconded by Commissioner Smith and carried,
Minutes of June 27 and July 9, 10 and 11, 1984 were approved.
Recommendations dated July 20, 1984 submitted from the Planning and Zoning
Commission as follows:
MEMORANDUM
July 20, 1984
City Clerk
Staff
Planning & Zoning Meeting, July 19, 1984
RECOMMENDATIONS
DATE:
TO:
FROM:
SUBJECT:
Dismissed the Public Hearing for a request to rezone from AD to
MI-2, property located south of Jewett Lane to SCL R.~. west of
Airport Blvd. for the purpose of an industrial park. The Public
Hearing is to be readvertised with notification to all property
owners within 200 ft. and posted properly with the hearing to be
on Aug. 16, 1984.
Recommended denial of a request to rezone from RC-1 to GC-2, property
located at the SE corner of 20th St. & Hwy. 17-92 because of much op-
position from abutting residential property owners objecting to expansion
nf rnmm~r~al
City Commission, Sanford, Florida
July 23 at 7:00 P. M. 19 84
The Commission authorized the Planning and Zoning Commission to advertise the
public hearing as requested in item (1).
The City Manager submitted a copy of a letter to John Daniels, President, Mayfair
Country Club of Sanford, Inc., regarding the go~f course lease and required reports, as
follows:
5anford, Florida
32772-1778
Commis$ion-lIlanaqer Plan
July 17, 1984
WARREN E. KNOWLES
CITY MANAGER
3Q5/322-3161
· , P.O. BOX 1778
300 NORTH PARK AVENUE
Mr. John K. Daniels~ President
Mayfair Country Club of Sanford, Inc.
Post Office Box 3911
Lake Mary, Florida 32746
Re: Lease/ reports
Dear Jack:
I received your letter of July 16, 1984 and copies of it shall
be furnished the Sanford City Commission..
The recap of sales, bf the past 12 months, on a quarterly basis,
was received but, since it is a photostatic copy, portions are not
readable.
The papers you refer to as an interim financial statement, as
of May 31, 1984, appears as non-readable'photocopies of two computer
sheets that appear to be a monthly income statement dated 5/31/84.
The copy is worthless.
I do have in my file a photocopy of a monthly balance sheet,
dated 9/30/83 for Seminole Club, Inc. This balance sheet does refer
to the then current retained earnings as being a negative $175,279.48.
Your attached note says this was prepared by Whelchel and Whelchel.
I have in my file your letter of May 15, 1984 referring to an
enclosed list of improvements for 1983 thru 1984. The typed list
shows untotaled and non-substantiated figures attributed to certain
work items. Many of the work items are not capital improvements
as defined in the lease, page 2, section 2, Rentals.
Your attention is drawn to the fact there is no presentation
of five percent of gross revenue being spent annually on capital improvements
on the golf course itself until such time as the layout and condition
of said course are satisfactory to the City of Sanford.
Your attention is drawn to the fact the lease requires you to
submit a proposed annual maintenance program to the City Commission
RR ~R annual basis for ~RR~oval, ~ection or modification. This
has not been done. (page 3, Section 3, Conditions, sub-paragraph
(3)).
Your attention is drawn to the fact the lease requires the maintenance
of buildings, as separate from the course, under Section 3, sub-paragraph
(6), and such maintenance does not fall within the Rental, Section 2,
computation.
Your attention is drawn to the lease requirements under Section 3,
sub-paragraph (16), Five Year Improvement Program that addresses specifics
on staffing, special programs, Olub house and pro shop, and golf activities;
with listed costs and an average annual expenditure of $91,000.00
for the five years. There is no documentation to show compliance
with this program.
?
MINUTES
City Commission, Sanford, Florida
333
July 23 at 7:00 P. M. 19 8.4
Your attention is drawn to the fact the lease in sub-paragraph
(18), Section 3, page 12, calls for an auditor's annual certificate
within 60 days after the expiration of each lease year (March llth
of each year) with a complete statement of all gross revenues and
all other business operations conducted on the leased premises during
the preceding lease year. The lease requires this to be certified
by a licensed, practicing CPA. Such an auditor's annual certification
is not in the file and needs to be recapped from the initial lease
period, with the lease commencing on March 11, 1981, for each annual
lease period thereafter.
Jack, you need to furnish the City with readable copies of the
information you enclosed with your letter of July 16, 1984. I believe
you should also tell the City of Sanford when you will have the complete
information required by the lease.
You are now in violation of the lease for non-compliance with
lease provisions:
a)
b)
¢)
Section 2, Rentals, to wit: annually 5% of gross into
capital improvements of course (not buildings).
Section 3, sub-paragraph (3), Conditions,pertaining to
submitting an annual maintenance program to the City
for approval.
Section 3, sub-paragraph (16), Improvement Program, with
$91,000.- average expenditure (justification and accounting).
Section 3, sub-paragraph (18), annual auditor's certificated
report within 60 days after each lease year.
Under the lease terms, you have 60 days to effect compliance
with the above points or a breach of the lease exists. Since this
letter will be submitted to the Sanford City Commission on July 23,
1984 at their meeting, I suggest you consider this a friendly notice
of items needing your attention~ I suspect the July 23, 1984 meeting
may see the City Commission use this letter as a review that could
precipitate their instructing our city attorney to enforce compliance
of all lease terms and that you are now in non-compliance of these
and others.
WEK/mjh
Sanford City Commission
Very truly yours,
CITY OF SANFORD
W. E. "Pete' Knowles
City Manager
Commissioner Keith moved to enforce the lease. Seconded by Commissioner Farr and
carried.
John Kenneth Daniels, Longwood, Florida, appeared and requested an up to date
description of the boundaries of the golf course property, and further, in the future, he
would make sure everything required by the lease is done.
The City Manager reported on the status of water service to Lake Mary. The Acting
City Attorney reported there appears to be a difference of opinion as to page 1 of the
contract, regarding a purported 40 year contract.
On recommendation of the Acting City Attorney, Commissioner Smith moved to
authorize the City Attorney to respond with an appropriate counter petition. Seconded by
334
MINUTES
City Commission, Sanford, Florida
July 23 at 7:00 .P.M.
19 84
use a part of the marina beach area for a shuffleboard court and a wood deck extension on
their Dock N' Shop. The Acting City Attorney reported the Commission could license him to
use said beach area, and include a "hold harmless clause", so the City would not be subject
to any liability. On recommendation of the City Manager, Commissioner Farr moved to
authorize a license to use same. Seconded by Commissioner Keith and carried.
The City Manager submitted a request from Mrs. Patricia L. Griffith to use part of
the marina beach area for a jet ski school, with vehicles backing trailers onto the beach,
and the Commission authorized a license to use the property and with a "hold harmless"
clause, with the stipulation of no signs, and requiring her to provide the City with
insurance coverage.
The City Manager submitted quotes for decorator lamps for the Downtown Improvement
Project, as follows:
Downtown Improvement
Decorator Lamp Posts
8 La~ps
9 Bollards
Vendor
Sternberg Lighting
Chicago, Illinois
(Local distriboutor-
SESCO, Winter Park)
Description
Unit Price
Boulevard D650
fixture on 3910-
P post (HPS fix.)
Post is cast .alum-
inum, finished.
4 - 6 weeks delivery
$ 650.
Total
$ 5,200.
Spring City Elec. Mfg.
Spring City, PA
(factory direct)
6-8 wks delivery
Princeton post w/
Bryn-mar. 'fixture
(HPS fix.) Post is
cast iron with a
primer coat.
Madison post w/
Bryn-mar fixture
(HPS). Post .is
cast iron with a
primer coat.
Villa Post w/
Bryn-mar fixture
(HPS). Post is
cast iron with a
primer coat.
$1,110.
$1,480.
'$1,130
$ 8,880.
$11,84o.
$ 9,040.
Sternberg Lighting
Spring City Elect. Mfg.
3901 Bollard
Cast Aluminum,
finished 4-6 wks
Madison Bollard
Cast iron w/
primer coat
Princeton Bollard
Cast iron w/ a
primer coat
$ 216.25
.$ 670
$ 520
$1,946.25
$ 6,030.
$ 4,680.
MINUTES
City Commission, Sanford, Florida
335
July 23 at~ 7:00 P M 198~4_
On recommendation of the City Manager, Commissioner Keith moved to accept quotes from
Sternberg Lighting as follows:
8 street lights
9 bollards
Total
$5,2OO.OO
1,946.25
$7,146.25
Seconded by Commissioner Yancey and carried.
On recommendation of the City Manager, Commissioner Yancey moved to authorize
Salary Reclassifications as follows:
Billy Gilchrist, Utility Department, Water Distribution, from Maintenance Worker
II E to F, $14,569.06 annual.
Marion Harris, City Manager's Staff Office, Engineering Division, from Secretary
C to D, $13,129.37 annual.
Paul Little, Police Department, from Police Officer D to E, $19,020.26 annual.
Seconded by Commissioner Smith and carried.
On recommendation of the City Manager, Commissioner Smith moved to authorize the
City Attorney to prepare the proper resolution to amend the Subdivision Regulations to
require all new construction to tie into the City's central water and sewer systems.
Seconded by Commissioner Yancey and carried over dissenting votes of Mayor Moore and
Commissioner Farr.
On recommendation of the City Manager, Commissioner Smith moved to regulate the
placement of satellite TV antennas to require them to be in the rear yard, or, if on top of
a structure, to limit the height and require proper structural support for weight and wind
load. Seconded by Commissioner Yancey. Motion failed to carry over dissenting votes of
Mayor Moo~e, Commissioner Farr and Commissioner Keith.
The Commission adopted and authorized the Mayor and City Clerk to execute
Resolution No. 1373. Said resolution being in words and figures as follows:
RESOLUTION NO. 1373
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF SANFORD, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
OF THE CITY TO SIGN AN AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS UNDER THE FLORIDA
FINANCIAL ASSISTANCE FOR COMMUNITY
SERVICES ACT.
IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA, AS FOLLOWS:
1. That the Mayor is hereby authorized and directed
to sign in the name and on behalf of the City Commission of
the City of Sanford, Florida, an Agreement between the Florida
Department of Community Affairs and the City of Sanford, Florida,
under the Florida Financial Assistance for Community Services
Act, as per copy attached hereto and made a part hereof.
2. That all funds necessary to meet the contract
obligations of the City of Sanford, Florida, with the Depart-
ment have been appropriated and said funds are unexpended and
unencumbered and are available for payment as prescribed in
the contract. The City shall be responsible for the funds
for the local share notwithstanding the fact that all or part
336
MINUTES
~City Commission, Sanford, Florida
July 23 at 7:00 P. M.__19 84
i.e., contributions, other agencies or organization funds.
PASSED AND ADOPTED this 23rd day of July,
A.D. 1984.
Attest:
Mayor
City Clerk
The Mayor d%scussed a proposed effluent disposal site near Yankee Lake, and the
City Manager reported that the City's consulting engineer, Conklin, Porter and Holmes,
Engineers, Inc., do not have enough information on that site to make a recommendation.
Commissioner Farr moved to authorize the Mayor and/or the City Manager to convey to the
owners that the City may be interested in acquiring the site at the appropriate time.
Seconded by Commissioner Smith. Motion failed to carry over dissenting votes of Mayor
Moore, Commissioner Smith and Commissioner Farr.
The CommisSion authorized the City Manager to express the City's interest at the
appropriate time.
On motion of Commissiner Yancey, seconded by Commissioner Keith and carried,
Ordinance No. 1711, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING
A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF
A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN
ACADEMY MANOR UNIT 1 AND EIGHTEENTH STREET AND
BETWEEN AIRPORT BOULEVARD AND ACADEMY MANOR UNIT 2
FROM SR-1 (SINGLE,FAMILY RESIDENTIAL DWELLING)
DISTRICT TO RI-1 (RESTRTCTED INDUSTRIAL) DISTRICT;
PROVIDING FOR SEVERABILITY,.!CONFLICTS, AND EFFECTIVE DATE.
was introduced and placed on first reading.
Resignation submitted from Herman Jacobson on the Board of Bond Trustees.
Commissioner Keith moved to accept same with regrets, to authorize the City Attorney to
prepare the proper resolution to commend Mr. Jacobson for his service, and to authorize the
City Clerk to poll the members of the Board of Bond Trustees for suggestions for a
replacement. Seconded by Commissioner Farr and carried.
Commissioner Smith moved to authorize payment to the City Attorney in amount of
$3,011.68, for services during June, 1984. Seconded by Commissioner Yancey and carried.
Commissioner Keith moved to authorize salary reclassifications as follows:
Charles Coyne, Police Department, from Police Officer C to D, $17,884.74 annual.
David Semones, Police Department, from Police Officer D to E, $19,020.26 annual.
Seconded by Commissioner Farr and carried.
The City Manager submitted letters from the State of Florida Historic Preservation
Officer of proposed sites of nomination for listing in the National Register of Historic
places as follows:
1. Sanford Grammer School, Seventh Street and Myrtle Avenue, Sanford.
2. Seminole County Old Folks Home, 4318 South Orlando Drive, Sanford
The Commission authorized the City Manager to write said officer in support of both site
nominations.
Commissioner Yancey reported people would like to leave flower arrangements in
Memorial Park and suggested the City build some sort of rack to hold them. The Commission
authorized the City Manager to report on same.
MINUTES
City Commission, Sanford, Florida
387
July 23 at 7:00 P. M. 19 84
Street, Dollie Mae Williams, owner. On recommendation of the Building Official and the City
Manager, Commissioner Yancey moved to authorize a 90 day extension. Seconded by
Commissioner Keith and carried.
On motion of Commissioner Smith, seconded by Commissioner Yancey and carried,
Ordinance No. 1709, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING AND ABANDONING STREETS, PARKWAYS, AND
EASEMENTS LYING BETWEEN SEMINOLE BOULEVARD (U.S. 17-92)
AND WEST FIRST STREET (S.R. 46) AND BETWEEN THE
WESTERLY RIGHT-OF-WAY LINE OF PERSIMMON AVENUE EXTENDED
NORTHERLY AND SOUTHERLY AND TAMARIND AVENUE EXTENDED
SOUTHERLY; PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE°
was introduced and placed on first reading.
There being no further business, the meeting was adjourned.
MAYOR
ATTEST:
CITY CLERK
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