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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 js