121084-Regular Session502
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P. M. 19 84
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 December 10, 1984.
Present: Mayor-Commissioner Lee P. Moore
Commissioner Milton E. Smith
Commissioner Edward A. Yancey
Commissioner David T. Farr
Commissioner Edwin O. Keith
City Attorney William L. Colbert
City Manager W. E. Knowles
City Clerk H. N. Tamm, Jr.
The meeting was called to order by the Chairman.
A public hearing was held in accordance with notice published in the Evening
Herald on November 29, 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 December 10, 1984 to consider
the adoption of an ordinance by the City of Sanford, Florida,
title of which is as follows:
ORDINANCE NO. 1720
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 NORTH OF AND
ABUTTING PINE WAY AND BETWEEN MELLONVILLE AVENUE
EXTENDED NORTHERLY AND INGRAHAM AVENUE FROM AD
(AGRICULTURAL) DISTRICT TO MI-2 (MEDIUM INDUSTRIAL)
DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
A copy shall be available at the Office of the City Clerk
for all persons desiring to examine the same.
Ail parties in interest and citizens shall have an
opportunity to be heard at said hearing.
By order of the City Commission of the City of Sanford,
Florida.
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: November 29, 1984
Ordinance No. 1720, 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 NORTH OF AND
ABUTTING PINE WAY AND BETWEEN MELLONVILLE AVENUE
EXTENDED NORTHERLY AND INGRAHAM AVENUE FROM AD
(AGRICULTURAL) DISTRICT TO MI-2 (MEDIUM INDUSTRIAL)
DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
MINUTES
City Commission, Sanford, Florida
503
December 10 at 7:00 P. M. 19 84
which was not adopted at second reading on September 24, 1984, was further considered.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed rezoning.
Those appearing in opposition were as follows:
Dwight Black appeared and reported he is the owner of the property immediately
West of that being rezoned, and that after the ordinance did not pass on second reading on
September 24, he proceeded with construction of a home for his daughter and her family on
his property. Further, he did not realize that the ordinance could be considered again so
soon, and they oppose the proposed rezoning.
Stan Duffendack, 2311 Palm Way, appeared and reported he is President of the Palm
Hammock Homeowner's Association, that the trend in the area is rural country estates and
they oppose the proposed rezoning.
Charlie Kimmack, Hallelujah Way, appeared and reported he supports Mr. Black.
Bob Pinnack appeared and reported he owns property on Oak Way. Further, he
supports Mr. Black and opposes the proposed rezoning.
Bob Spencer appeared and reported he is the Owner/President of Spencer
Construction Company and has purchased approximately 18 acres on Palm Way and plans to
construct four $311,000.00 homes on the property. Further, the proposed rezoning would
adversely affect the value of his proposed homes.
James Mitchell appeared and reported he purchased six acres on the corner of Palm
Way about two months ago and plans to build a $100,000.00 house there and objects to the
rezoning.
Roberta Andrews appeared and reported her property is Northwest of the subject
property, South of Silver Lake and immediately South of Rush-Hampton. Further, there are
empty industrial buildings/sites which could be used instead of rezoning more property.
Mr. Ames appeared and reported he purchased property off Oak Way a few months ago
and plans to build a $150,000.00 home on it.
Steve Polaski appeared and reported he and his wife purchased 10 acres at the
corner of Mellonville Avenue and Palm Way, and he opposes the proposed rezoning.
Alan Forrest appeared and reported he lives directly across from the McDonald
tract and is opposed to industrial zoning.
Those appearing in support of the proposed rezoning were as follows:
W. C. Hutchison, Jr., Trustee, owner, appeared and reported he had informed Mr.
Black and his daughter the day after the ordinance was first put on second reading that the
ordinance would be reconsidered when the full Commission was in attendance, and he had
offered to purchase Dwight Black's property. Further, they plan to develop the property
with light industry in conjunction with the McDonald property.
Commissioner Yancey moved to deny the rezoning. Seconded by Commissioner Keith.
Motion failed to carry over dissenting votes of Mayor Moore, Commissioner Farr and
cOmmissioner Smith.
Commissioner Farr moved to rezone the property. Seconded by Commissioner Smith
and carried over dissenting vote of Commissioner Keith.
504
MINUTES
City COmmission, Sanford, Florida
December 10 at 7:00 P. M. 19 84
A public hearing was held in accordance with nOtice published in the Evening
Herald on November 23, 1984, as follows:
NOTICE OF PROCEEDING FOR CLOSING, VACATING AND
ABANDONING A PORTION OF A STREET
TO WHOM IT MAY CONCERN:
You will take notice that the City Commission of the City of
Sanford, Florida, at 7:00 o'clock P. M. on December 10, 1984, in
the City Commission Room at the City Hall in the City of Sanford,
Florida, will consider and determine whether or not the City will
close, vacate and abandon any right of the City and the public in
and to a portion of West Fourth Street lyin§ between Pomegranite
Avenue and the East Right-of-Way line of Jessamine Avenue,
further described as follows:
That portion of West Fourth Street lying between the
East Right-of-Way line of Pomegranite Avenue and the
East Right-of-Way line of Jessamine Avenue, less the
Westerly 127.5 feet thereof, Florida Land Colonization
Company Limited Map of the St. Gertrude Addition to the
Town of Sanford, Plat Book 1, Page 116, Public Records
of Seminole County, Florida, retaining same as a
utility easement.
Persons interested may appear and be heard at the time and place
specified.
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)
City Commission of the
City of Sanford, Florida
By:
H. N. Tamm, Jr.
City Clerk
Publish: November 23, 1984.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed street closing.
The City Clerk reported that notice was sent to the owners on November 20, 1984.
Mary Adkins appeared and reported the entrance to her house will be cut off if the
street is closed. The City Manager reported the Westerly 127.5 feet was lessed out so her
driveway would not be affected.
Commissioner Keith moved to authorize the City Attorney to prepare the proper
ordinance for same. Seconded by Commissioner Smith and carried.
Memorandum submitted from the Building Official as follows:
DATE:
TO:
FROM:
SUB JECT:
December 3, 1984
City Manager
Building Official
Expired Membership Terms - Central Examining :Board
The following memberships expire January, 1985. The members have
been contacted and they have agreed to serve another two-year
term if reappointed.
A1 Porzig
Joseph Spaulding
Roosevelt Green
P. O. Box 51
2307 Oak Avenue
Rt. 2 Box 136A
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P. M.
19 8_4_
Commissioner Yancey moved to re-appoint the aforesaid members to the Central
Examining Board for terms to expire January, 1987. Seconded by Commissioner Smith and
carried.
Memorandum submitted from the Director of Recreation and Parks as follows:
MEMORANDUM
CIIY OF SANFORD
DEPARTMENT OF RECREAIlON AND PARKS
DATE Nov. 30, _1984
FROM: Director
TO:
City Manager
Subject: APpointments to Board of Trustees Library Museum
The Executive Board of the Henry Shelton Sanford Library
Museum has submitted the following names with recommendation
for their appointment to Board of Trustees.
Mr. John 'W. Mercer
Mrs. John W. Mercer
Mr. John Tucker
Mrs. Paul Harris
Mr. Ray Fox,.Jr.
Mrs. Stella Oritt
Mrs. Mills Boyd
Mr. Kenneth Echols
900 S. Palmetto Ave.; Sanford
900 S. Palmetto Ave.; Sanford
1325 Darnoc Ave.; Sanford
2720 Summerfield Rd. Winter Park
275 W. Lakeview Ave.; Lake Mary
223 Forrest Dr.; Sanford
220 Forrest Dr.; Sanford
1711 W. First St.; Town & Lake Apts. Apt. 19-S
Sanford
.Copy: Mrs. Ruth Lee
Commissioner Yancey moved to appoint the aforesaid persons to the Board of
Trustees of the Henry Shelton Sanford Library Museum. Seconded by Commissioner Keith and
carried.
Request submitted for an exempt license as follows:
'MEMORANDUM
NOVEMBER ES, 1984
TO:
FROM:
SUBJECT~
CITY MANAGER
LICENSING OFFICIAL
EXEMPT LICENSE TO SOLICIT DONATIONS
MR. KNOWLES,
THE ANCIENT ARABIC ORDER OF NOBLES OF THE MYSTIC SHRINE, TYRE TEMPLE NO.
WHICH IS A LOCAL NON-PROFIT ORGANIZATION, HAS REQUESTED AN EXEMPT LICENSE TO
HAVE A DI~C~ TO ~LT~TT ~ATT~ ~Q ~nnn Awn
506
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P. M.
19 84
,/
THE DISCO WILL BE HELD AT THE WESTSIDE IMPROVEMENT ASSOC. BUILDING, 1115 W.
13TH STREET ON DECEMBER 15, 1984, FROM 9:00 P.M. UNTIL 2:00 A.M.
THEY WOULD ALSO LIKE TO KNOW IF IT IS PERMISSIBLE TO HAVE
AGES. THIS WOULD BE A BRING-YOUR-OWN-BOTTLE AFFAIR.
ALCOHOLIC ~J
WILL YOU PLEASE PLACE THIS ON THE AGENDA FOR THE NEXT CITY COMMISSION MEETING?
THANKS,
PLEASE LET ME KNOW IF YOU NEED FURTHER INFORMATION.
Commissioner Farr moved to authorize said exempt license. Seconded by
Commissioner Smith and carried.
Requests to be designated Depositories for City Funds for 1985 submitted from
banking institutions as follows:
Atlantic National Bank of Florida, Sanford Office
Barnett Bank of Central Florida, N.A.
Freedom Savings - Sanford
Southeast Bank, N.A.
Sun Banks of Florida
Commissioner Yancey moved to designate said banks as Depositories for City Funds for 1985.
Seconded by Commissioner Smith and carried.
On motion of Commissioner Smith, seconded by Commissioner Keith and carried,
Ordinance No. 1732, 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
MELLONVILLE AVENUE; SAID PROPERTY BEING
SITUATED IN SEMINOLE COUNTY, FLORIDA,
IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION
PROVISIONS OF SECTION 171.044, FLORIDA
.' STATUTES; PROVIDING FOR SEVERABILITY,
CONFLICTS, AND EFFECTIVE DATE.
was introduced and placed on first reading.
A public hearing was held in accordance with notice published in the Evening
Herald on November 30, 1984, as follows:
NOTICE OF A PUBLIC HEARING TO CONSIDER THE
ADOPTION OF AN ORDINANCE BY THE CITY OF
SANFORD, FLORIDA.
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P. M.
507
19 84
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 December 10, 1984, to consider
the adoption of an ordinance by the City of Sanford, Florida,
title of which is as follows:
ORDINANCE NO. 1730
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING THE PORTION
OF JUSTIN WAY LYING BETWEEN ANTHONY DRIVE AND
LAKE MARY BOULEVARD RESERVING A UTILITY EASEMENT;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
A copy shall be available at the office of the City Clerk
for all persons desiring to examine the same.
Ail parties in interest and citizens shall have an
opportunity to be heard at said hearing.
By order of the City Commission of the City of Sanford,
Florida.
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: November 30, 1984.
Ordinance No. 1730, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING THE PORTION
OF JUSTIN WAY LYING BETWEEN ANTHONY DRIVE AND
LAKE MARY BOULEVARD RESERVING A UTILITY EASEMENT;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
introduced and placed on first reading at meeting of November 26, 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. 1730. No one appeared.
Commissioner Farr moved on the passage and adoption of Ordinance No. 1730.
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. 1730, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING THE PORTION
OF JUSTIN WAY LYING BETWEEN ANTHONY DRIVE AND
LAKE MARY BOULEVARD RESERVING A UTILITY EASEMENT;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
A public hearing was held in accordance with Notice published in the Evening
Herald on November 30, 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 December 10, 1984, to consider
the adoption of an ordinance by the City of Sanford, Florida,
title of which is as follows:
5O8
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P. M. 19 84
ORDINANCE NO. 1731
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING A PORTION OF
A NORTH-SOUTH ALLEY LYING BETWEEN WEST 25TH PLACE
AND WEST 26TH STREET AND BETWEEN OAK AVENUE AND
PARK AVENUE RESERVING A UTILITY EASEMENT; PROVIDING
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: November 30, 1984.
Ordinance No. 1731, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING A PORTION OF
A NORTH-SOUTH ALLEY LYING BETWEEN WEST 25TH PLACE
AND WEST 26TH STREET AND BETWEEN OAK AVENUE AND
PARK AVENUE RESERVING A UTILITY EASEMENT; PROVIDING
SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of November 26, 1984, was next placed on
final reading. After beng 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. 1731. No one appeared.
Commissioner Keith moved on the passage and adoption of Ordinance No. 1731.
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. 1731, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING A PORTION OF
A NORTH-SOUTH ALLEY LYING BETWEEN WEST 25TH PLACE
AND WEST 26TH STREET AND BETWEEN OAK AVENUE AND
PARK AVENUE RESERVING A UTILITY EASEMENT; PROVIDING
SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
The September 30, 1984 Audit for the Sanford Airport Authority was submitted, and
Commissioner Smith moved to accept same. Seconded by Commissioner Yancey and carried.
On motion of Commissioner Keith, seconded by Commissioner Yancey and carried,
Minutes of November 26 and December 5, 1984 were approved.
On motion of Commissoiner Smith, seconded by Commissioner Keith and carried,
Vouchers for the month of November, 1984, were approved, as follows:
CHECKS FOR THE MONTH OF NOVEMBER, 1984
General Fund, Sun Bank, N.A., Voucher No. 042 thru 050 and 052.
Refuse Collection & Disposal Fund, Sun Bank, N.A., Voucher No. 026 thru
032.
Water and Sewer Revenue Fund, Sun Bank, N.A., Voucher No. 027 thru 032.
MINUTES
City Commission, Sanford, Florida
December 10 at 7~00 P. M.
19 84
Policemen's Pension Fund, Sun Bank, N.A., Voucher No. 632 thru 635.
Firemen's Relief and Pension Fund, Sun Bank, N.A., Voucher No. 455.
Central Paying Account, Sun Bank, N.A., Voucher No. 470 thru 1000.
Utility Trust Fund, Sun Bank, N.A., Voucher No. 138 thru 142.
Renewal & Replacement Fund, Sun Bank, N.A., Voucher No. 255.
Public Projects Fund, Sun Bank, N.A., Voucher No. 072 thru 075.
Public Improvement Revenue Bonds, Sun Bank, N.A., Voucher No. 119.
Jack T. Bridges, Attorney with the firm of Cleveland, Bridges and Grey, 209 North
Oak Avenue, appeared to support a TEFRA resolution for industrial revenue bonds for
Cardinal Industries, Inc.
The City Attorney reported he had reviewed the documents, and that in addition to
the resolution, an amended application will need to be executed, since Cardinal Industries
has lowered the amount from $3,000,000.00 to $2,575,000.00.
Commissioner Smith moved to authorize the Mayor to execute Resolution No. 1386 and
the amended application. Seconded by Commissioner Keith and carried.
Said resolution being in words as figures as follows:
See Beginning Page 513
The City Manager submitted a request from Clifton Construction, Inc., for 14
additional parking spaces at the Freight Depot, an approximately 9,000 square foot
condominium office building requiring 64 parking spaces. Said increase will provide a total
of 114 parking spaces, enough for 50 spaces for the Welaka Building tenants and 64 for the
Freight Depot, both owned by The Welaka Group. On recommendation of the City Manager,
Commissioner Keith moved authorize them to use a portion of the Myrtle Avenue parkway to
construct 14 stalls, with entrance to be from the parking lot, and the parking lot to be
entered by a driveway from Myrtle Avenue. Seconded by Commissioner Yancey and carried.
On recommendation of the City Manager, Commissioner' Yancey moved to authorize use
of the Civic Center, with alcoholic beverages, after payment of the $450.00 fee, to
organizations as follows:
Rich United Corporation 12/28/84
Kappa Alpha Kappa sorority 12/31/84
Seconded by Commissioner Keith and carried.
The City Manager reported that replacement of aerial bucket truck #124 was
budgeted in amount of $30,000.00, based on purchasing a used demonstrator, but the one
quoted was not in good shape and they have not been able to find one worth purchasing.
Further, he recommended the Commission authorize bids for new units at estimated cost of
$42,000.00 or more. Further, if the City is going to do tree trimming, it will need an
aerial with a 55 foot reach, at an additional cost of $10,000.00, instead of a 35 foot
reach. Commissioner Farr moved to authorize the City Manager to advertise for both sizes
and the.Commission will decide after reviewing the bids. Seconded by Commissioner Keith and
carried.
The City Manager reported that Fire Chief Gailey is retiring on January 30, 1985,
and this is a Civil Service position with appointment by the City Commission. The position
5i0
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P. M. 1984
has been advertised in-house and three applications have been submitted as follows:
the Assistant Chief
a Fire Lieutenant
a firefighter
Further, the Civil Service Board, through the Chairman, have certified the Assistant Chief,
J. Thomas Hickson, for the position. Commissioner Smith moved to appoint Tom Hickson Fire
Chief, effective February 1~ 1985. Seconded by Commissioner Keith and carried over
dissenting vote of Commissioner Farr.
On recommendation of the City Manager, Commissioner Farr moved to authorize salary
reclassifications as follows:
Carl F. Higgs, Public Works Department, Shop Division, from Auto
Mechanic D to E, $17,601.96 annual.
Lawrence E. Monti, Police Department, Administration Division, from
Police Administrative Officer E to F, $26,673.31 annual.
Bruce Williamson, Utility Department, Plants Division, from Utility
Plant Operator E to F, $19,257.42 annual.
Diane J. Smith, Finance Department, from Account Clerk II E to F,
$17,717.74 annual.
Seconded by Commissioner Yancey and carried.
The City Manager reported that the U. S. Environmental Protection Agency requires
a local ordinance to regulate types and standards of sewage using a municipal sewer system,
and submitted a proposed ordinance following the EPA model, revised and reviewed by EPA. On
recommendation of the City Manager, Commissioner Farr moved to authorize the City Attorney
to review and prepare same for adoption. Seconded by Commissioner Keith and carried.
The City Manager reported that when Kay Shoemaker pulled the permits for Kaywood
Subdivision, he planned to donate land for open space, but he later requested to pay money
in lieu of donating the land, and he based his calculations on the 1983 tax bill, since the
money is normally calculated on the assessed value at the time the permits are pulled, and
is normally paid at that time. Further, if the calculations are based on the current tax
bill for 1984, the payment is $1,488.80 more, or $5,974.90, since the 1984 assessed value
includes construction.
Commissioner Smith moved to calculate the payment the same as in the past.
Seconded by Commissioner Keith. Commissioner Farr pointed out that in the past, the fee was
paid at the time the permits were pulled, which in this case would be December, 1983, and
the City would have had the use of the funds for a year. Motion failed to carry over
dissenting votes of Commissioner Yancey, Commissioner Keith and Commissioner Farr.
Commissioner Farr moved to accept payment in amount of $5,974.90, in lieu of open
space for Kaywood Subdivision, based on 1984 assessed value, to compensate for not having
use of the funds for a year. Seconded by Commissioner Yancey and carried.
The City Manager reported that the American Legion has requested the Commission to
waive the occupational license fee to conduct a turkey shoot December 22 and 23, 1984, to
raise funds. Commissioner Yancey moved to authorize same. Seconded by Commissioner Smith
and carried.
The City Manager submitted proposed regulations for television dish antennas, as.
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P. M. 19 84
follows:
6-10.1
6-10.2
6-10.3
CITY CODE 6-10 Television dish antennas
The installation of all television dish antennas and/or satellite
antennas shall require a building permit.
(a)
Installation of television dish antennas or satellite
antennas shall not be installed or attached to any
part of the roof structure of any residential building.
(b)
Television dish antennas or satellite antennas may
be installed on or attached to roofs of commercial
or industrial buildings but only upon submission of
a certificate of an engineer or architect currently
registered to do business in the State of Florida.
Such certification shall be to the effect that a structural
analysis has been made of the building and said building
can safely support the specific antenna with a minimum
wind loading of 100 miles per hour.
(c)
Television dish antennas or satellite antennas shall
not be installed in front of the front line of any
residential, commercial, or industrial building.
(d)
Television dish antennas or satellite antennas may
only be installed in side yards or back yards of any
building.
(e)
No portion of any antenna or support structure shall
be closer than five (5) feet from any property liqe.
(f)
Television dish antennas or satellite antennas shall
not be located on any public way, easement, or parkway.
(g)
Television dish antennas or satellite antennas shall
not be installed in any designated parking area of
any building.
(h)
Mobile mounted television dish antenna or satellite
antenna structure shall comply with all requirements
(a) through (g) above of this section of the City Code.
Apartment or condominium buildings above three stories in height
shall be treated as commercial structures for the purpose of
these regulations for television dish antenna or satellite antennas.
6-10.4
The installation of any television dish antenna or satellite
antenna shall not exceed the height restriction setfo~th in
the zoning ordinance for that location.
Commissioner Keith moved to discuss same at meeting of December 17, 1984.
Seconded by Commissioner Smith and carried.
The City ManaGer reported costs from 1981 through November 16, 1984 total
$209,048.18 for engineerinG, special consultant, value engineerinG, studies, etc., for
Sanford to be eligible for Grants, and doing required Grant work, and said amount has been
paid through utility billing from Sanford Utility Customers. Further, Seminole County, Lake
Mary and Dr. Hickman have all unofficially indicated they wish to be included in Sanford's
solution of the sewage treatment problem, all indicate they wish to pay their share only for
costs incurred after they take official action to participate. Also, the Department of
Environmental ReGulation indicates each participant would be subject to share a portion of
MINUTE S
City Commission, Sanford, Florida
December 10 at 7:00 P. M.
19 84
,¥
all costs.
On recommendation of the City Manager, Commissioner Smith moved to authorize
payment in amount of $99,908.96 to Conklin, Porter & Holmes, Engineers. Seconded by
Commissioner Yancey and carried.
Letter submitted from Dolores K. Cannam, commending Police Detective Fontana for
his investigation of an incident on October 23, 1984.
Recommendations dated December 7, 1984 submitted from the Planning and Zoning
Commission, as follows:
Dec. 7, 1984
City Clerk
Zoning Inspector
Planning & Zoning Meeting, Dec. 6, 1984
RECO~T~NDATI~S
Recumend the approval of the request to rezone from ~qOI to
GC-2, property located at 1621 W. 1st St. Owner-Larry Teague
and. Maria C. & Manuel W. Almeida.
2. Rec~a,~nd the approvalofa plat for Northlake Village, located at
· 700 Lake Minnie Dr. in aMR-1 zone. Owner-U.S. Homes.
, The City Clerk reported Item (1) has been advertised for public hearing on
December 17, 1984.
On recommendation of the Planning and Zoning Commission, Commissioner Farr moved
to authorize the Mayor and City Clerk to execute the Plat of Northlake Village.
Commissioner Smith and carried.
Ordinance No. 1720, 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 NORTH OF AND
ABUTTING PINE WAY AND BETWEEN MELLONVILLE AVENUE
EXTENDED NORTHERLY AND INGRAHAM AVENUE FROM AD
(AGRICULTURAL) DISTRICT TO MI-2 (MEDIUM INDUSTRIAL)
DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
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. 1720. No one appeared.
Commissioner Smith moved on the passage and adoption of Ordinance No. 1720.
Seconded by Commissioner Farr and carried over dissenting vote of Commissioner Yancey and
Commissioner Keith.
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1720, entitled:
Seconded by
MINUTES
City Commission, Sanford, Florida
5 3
December 10 at 7:00 r. M. 19 84
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 NORTH OF AND
ABUTTING PINE WAY AND BETWEEN MELLONVILLE AVENUE
EXTENDED NORTHERLY AND INGRAHAM AVENUE FROM AD
(AGRICULTURAL) DISTRICT TO MI-2 (MEDIUM INDUSTRIAL)
DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
On motion of Commissioner Yancey, seconded by Commissioner Smith and carried,
Ordinance No. 1733, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING A PORTION
OF WEST FOURTH STREET LYING BETWEEN
POMEGRANITE AVENUE AND THE EAST RIGHT-OF-WAY
LINE OF JESSAMINE AVENUE RESERVING A UTILITY
EASEMENT; PROVIDING FOR SEVERABILITY,
CONFLICTS, AND EFFECTIVE DATE.
was introduced and placed on first reading.
On motion of Commissioner Keith, seconded by Commissioner Yancey and carried,
Ordinance No. 1734, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 1510, SECTION 10,
TO DELETE THE REQUIREMENT OF A SEPARATE
AUDIT REPORT; PROVIDING FOR SEVERABILITY,
CONFLICTS, AND EFFECTIVE DATE.
was introduced and placed on first reading.
There being no further business, the meeting was adjourned.
I N G ~Y-OR - 'C
ATTEST:
js
RESOLUTION NO. 1386
A ~ FES F:
A RESOLUTION PROVIDING FOR THE FINANCING OP THE
ACQUISITION, CONSTRUCT/ON, ~tQUIPPING AND FURNISHING
OF FACHJrrlES CONSTrrUTING A REGIONAL HEADQUARTERS
OF A MUl,'rl4TA'r~ B~'IN]~ FOR THE MANUFACTURE OF
MODULAR HOMES; PROVIDING FOR THE ISSUANCE BY THE
crrY OF SANFORD, FLORIDA, OF $~,575,000 INDUSTRIAL
DEVELOPMENT REVENUE BONDS, SERIES 1984 (CARDINAL
SANFORD OPFICES, LTD. PROJECT) THE PROCEEDS OF WHICH
WILL BE LOANED TO CARDINAL SANFORD OFFICe, LTD. TO
PAY THE COSTS OF SUCH PROJECT; PROVIDING FOR THE
RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR
THE PAYMENT THEREOF; MAKING CERTAIN OTHER
COVENANTS A~fD AGREEMENT~ 1~ CONNECTION WITH THE
ISSUANCE OP SUCH BONDS; AUTHO/trK~NG Tl:~ EXECUTION
AND DELIVERY OP THE TRUST INDENTURE AND LOAN
AGREEMENT, MORTGAGE AND SECU~Y AGREEMENT; ..........
APPROVING A REPURCHASE AGREEMENT ~N~) T ~AN
DISBURSEMENT AGREEMENT; APPROVING THE FORM OP
LEASE AGREEMENT; DESIGNATING THE TRUSTEE AND
PAYING AGENT IN CONNECTION WITH THE BONDS;
AWARDING THE BONDS; AND PROVIDING AN EPFEC'I3YE
DATE.
BE IT RESOLVED by the people of the City of Sanford, Florida:
~:ii!/17~i7::~7-':: ...... S-~6N l.' AUTHORITY FOR ~ RESOLUTION. This resolution, here-
inafter called ~instrument," is adopted pursuant to the provi$ion~ of Chapter 159, Parts I
and II, Florida Statutes, as amended, and other applicable provisions of law (the ~Aet").
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P.
M. 1984
SECTION 2. DEFINITIONS, Unless the context otherwise requires, the
terms used in this resolution shall have the meanir~s specified in the Trust Indenture
dated as of December 1, 1984 (the "Indenture"), by and between the City of Sanford,
Florida (the "Issuer") and the Trustee, as hereinafter defined (the "Trustee"), the Loan
Agreement, Mortgage and Security Agreement dated as of December 1, 1984 (the "Loan
Agreement"), by and between the Issuer and Cardinal Sanford Offices, Ltd. (the
"Borrower"), and the Lease Agreement dated as of December 1, 1984, between Cardinal
Sanford Offices, Ltd. and Cardinal Industries, Inc., on file in the City Clerk's Office as
Exhibits "A", "B", and "D", respectively.
SECTION 3. PINDINGS. It is hereby ascertained, determined and .declared
as follows:
A. The Issuer is authorized by the Act to make and execute financing
agreements, contracts, deeds and other instruments necessary or convenient for the
purpose of facilitating the financing of the .acquisition, construction, equipping and
furnishing of headquarters facilities as defined in the Act, including machinery, equip-
ment, land, rights in land and other appurtenances and facilities related thereto, to the
end that the Issuer may be able to promote the economic development of the State of
Florida, increase opportunities for gainful employment and otherwise aid in improving the
prosperity and welfare of said State and its inhabitants, and to provide such financing
through the issuance of revenue bonds
B. '~ The Project is appropriate to the needs and circumstances of the Issuer's
community and the location of the Project will make a significant contribution to the
economic growth of such community, will provide gainful employment and will serve a
public purpose by furthering the general welfare of the State of Florida and its people.
C. The Borrower is Cardinal Sanford Offices, Ltd., a Florida limited
partnership. Giving due regard to all factors determinative of the Borrower's capabili-
ties, financial and otherwise, of fulfilling its obligations consistently with the purposes of
the Act, the Borrower is financially responsible and fully capable and willing to fulfill its
obligations under the Loan Agreement, including the obligation to make payments
thereunder in the amounts and at the times required pursuant to the terms of the Loan
Agreement and the obligation to repair and maintain the Project at its own expense, and
the Borrower is desirous of serving the purposes of the Act and is willing and capable of
fully performing all other obligations and responsibilities imposed upon it pursuant to the
provisions of the Loan Agreement.
D. The Issuer is capable of providing when needed all the necessary public
facilities, utilities and services that will be necessary for the construction, operation,
repair and maintenance of the Project and on account of any increase in population or
other circumstances resulting by reason of the location of the Project within the
territorial limits of the Issuer, provided, however, that the City shall in no way be
responsible for the cost of construction for, nor in any way commits itself to, the
construction of any such public facilities.
E. Adequate provision is made under the provisions of the Loan Agreement
for the repair and maintenance of the Project at tonds under the Indenture.
F. The principal of and premium, if any, and interest on the Bonds and all
payments required under the Loan Agreement and the Indenture shall be payable solely
from the revenues and receipts derived by the Issuer from or in connection with the Loan
Agreement including the Loan Payments required to be made by the Borrower thereunder,
and the Issuer shall never be required to (i) levy ad valorem taxes on any property within
its territorial limits to pay the principal of, premium, if any, and interest on the Bonds or
to make any other payments provided for under the Loan Agreement and the Indenture, or
{ii) pay the same from any funds of the Issuer other than the revenues pledged to the
payment thereof, in the manner and upon the conditions set forth in the Indenture; and
such Bonds shall not constitute a lien upon any property owned by or situated within the
territorial limits of the Issuer except the Project and other property securing the Bonds
under the Indenture.
G. The payments to be made by the Borrower to the Trustee under the Loan
Agreement will be sufficient to pay all principal of and interest on and premium, if any,
for the Bonds, as the same shall become due, and to make all other payments required by
the Loan Agreement and the Indenture. -
H. The costs to be paid from the proceeds of the bonds will be costs of the
Project, within the meaning of the Act.
SECTION 4. PINANCING OF THE PROJECT AUTHORIZED. The financing
of the cost of the Project in the manner provided in the Loan A~reement is hereby
authorized.
SECTION 5. AUTHORIZATION OF BONDS. Bonds of the Issuer to be
known as "Industrial Development Revenue Bonds, Series 1984 (Cardinal Sanford Offices,
Ltd. Project)", are hereby authorized to be issued in the aggregate principal amount of
TWO MILLION FIVE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($2,575,000), in
the form and manner described in the Indenture. The Bonds will be dated such date and
mature in such years and amounts, will contain such redemption provisions, and will bear
interest at such rates (not exceeding the maximum interest rate permitted by the Act or
by other applicable provisions of law), as provided in the Indenture. If the Bonds shall be
dated other than as provided in the Indenture, then the date of the Indenture and the Loan
Agreement will be changed to correspond to the date of the Bonds, and all dates appearing
in the Indenture and the Loan Agreement will be adjusted accordingly and corresponding-
MINUTES
City Commission; Sanford, Florida
December 10 at 7:00 P. M.
515
19 84
SECTION 6. AUTHOP..IZATION OF EXECUTION AND DELIVERY OP IN-
DENTURE. As security for the payment of the principal of and premium, if any, and
interest on the Bonds, pro rata and without preference of any one of the Bonds over any
other thereof, the Indenture, in substantially the form on file in the City Clerk's Office as
Exhibit "A", with such changes, alterations and corrections as may be approved by the
Mayor of the Issuer, to be presumed by his execution thereof, is hereby approved by the
Issuer, and the Issuer hereby authorizes and directs said Mayor to execute and said City
Clerk to attest under the seal of the Issuer the Indenture and to deliver to the Trustee the
Indenture, all of the provisions of which, when executed and delivered by the Issuer as
authorized herein and by the Trustee duly authorized, shall be deemed to be a part of this
instrument as fully and to the same extent as if incorporated verbatim herein. The Issuer
does hereby provide in the Indenture the terms, conditions, covenants, rights, obligations,
duties and agreements to and for the benefit of the holders of the Bonds, the Issuer, the
Borrower and the Trustee.
SECTION ?. AUTHORIZATION OF EXECUTION AND DELIVERY OF LOAN
AGREEMENT. The Loan Agreement, in substantially the form on file in the City Clerk's
office as Exhibit "B", with such changes, alterations and corrections as may be approved
by the Mayor of the Issuer, such approval to be presumed by his execution thereof, is
hereby approved by the Issuer, and the Issuer hereby authorizes and directs the Mayor to
execute and the City Clerk to attest under the seal of the Issuer the Loan Agreement and
to deliver to the Borrower the Loan Agreement, all of the provisions of which, when
executed and delivered by the Issuer as authorized herein and by the Borrower duly
authorized, shall be deemed to be a part of this instrument as fully and to the same extent
as if incorporated verbatim herein.
SECTION 8. APPROVAL OF LEASE AGREEMENT. The Lease Agreement,
in substantially the form on file in the City Clerk's Office as Exhibit "D", with such
changes, alterations, and corrections as may be approved by the Borrower, such approval
to be presumed by its execution thereof, is hereby approved by the Issuer.
f~ECTION 9. APPROVAL OF REPURCHASE AGREEMENT AND DISBURSE-
MENT AGREEMENT. A Repurchase Agreement between the Borrower and The
Citizens and Southern National Bank (the "initial Purchaser") whereby the Borrower shall
be obligated on December 31, 1992 to repurchase the Bonds outstanding on that date, at a
purchase price equal to the outstanding principal amount of the Bonds together with all
accrued unpaid interest thereon and any other amounts then due or owing to the Initial
Purchaser under the Indenture or the Loan Agreement, and otherwise upon such terms and
conditions that may be agreed to by the Borrower and the Initial Purchaser, and a
Disbursement Agreement between the Borrower and the Initial Purchaser is hereby
approved by the Issuer. The Issuer hereby authorizes a provision in the Loan Agreement
and in the Indenture stating that a failure of performance on the part of the Borrower
under the Repurchase Agreement shall constitute a default under the Loan Agreement and
the Indenture.
SECTION 10. NO PERSONAL LIABILITY. No covenant, stipulation, obliga-
tion or agreement herein contained or contained in the Loan Agreement or contained in
the Indenture shall be deemed to be a covenant, stipulation, obligation or agreement of
any member, agent or employee of the Issuer or its governing body in his individual
capacity, and neither the members of the Issuer nor any official executing the Bonds shall
be liable personally thereon or be subject to any personal liability or accountability by
reason of the issuance thereof.
SECTION 11. NO THIRD PARTY BENEFICIARII~. Except as herein or in
the Loan Agreement or in the Indenture otherwise expressly provided, nothing in this
instrument or in the Loan Agreement or in the Indenture, expressed or implied, is intended
or shall be construed to confer upon any person or firm or corporation other than the
Issuer, the Borrower, the holders of the Bonds and the Trustee any right, remedy or claim,
legal or equitable, under and by reason of this instrument or any provision thereof or of
the Loan Agreement or of the Indenture, this instrument, the Loan Agreement, and the
Indenture intended to be and being for the sole and exclusive benefit of the Issuer, the
Borrower, the holders from time to time of the Bonds and the Trustee.
SECTION 12. PREREQUISITES PERFORMED. All acts, conditions and
things relating to the passage of this instrument, to the issuance of the Bonds, and to the
execution of the Loan Agreement and the Indenture, required by the Constitution or laws
of the State of Florida to happen, exist and be performed precedent to and in the passage
hereof,- and precedent to the issuance of the Bonds, and precedent to the execution and
delivery of the Loan Agreement and the Indenture, have happened, exist and have been
performed as so required.
SECTION 13. GENERAL AUTHORITY. The members of the City
Commission of the Issuer and the Issuer's officers, attorneys, engineers or other agents or
employees are hereby authorized to do aH acts and things required of them by this
instrument, the Loan Agreement or the Indenture, or desirable' or consistent with the
requirements hereof or such Loan Agreement or Indenture, for the full, punctual and
complete performance of all the terms, covenants and agreements contained in the Bonds,
the Loan Agreement, the Indenture, and this instrument.
SECTION 14. SALE OF BONDS; NEGOTIATED SALE NECESSARY. It is
hereby found, ascertained, determined and declared by the Issuer that a negotiated sale of
the bonds pursuant to Section 218.385, Florida Statutes, is in the best interests of the
Issuer and is found to be necessary on the basis of the following reasons, as to which
speeific findings are hereby made:
516
MINUTES
City Commission, Sanford, Florida
December 10 at 7:00 P. M. 1984
A. Industrial development revenue bonds are traditionally sold on a negoti-
ated basis and consequently a competitive sale of the bonds would in all probability not
produce better terms than a negotiated sale particularly in view of the timing of such an
offering and the current instability of the bond market,
B. The bonds will be payable solely from the proceeds of the Loan
Agreement and therefore the Issuer does not have a direct interest in the terms of sale.
The Borrower has expressed its unwiLLingness to undertake the risks and expenses
attendant upon a public sale of the Bonds.
C. The eomplex nature of the security for payment of the bonds requires a
lengthy review of the eredit of the Borrower which would be financially impractical for
bidders to undertake in a competitive sale context.
SECTION 15. ARBITIL%GE. The Issuer covenants that it will not direct the
Trustee to make any investments or acquiesce in the making of any investments by the
Trustee pursuant to or under the Loan Agreement or the Indenture which could cause the
Bonds to be "arbitrage bonds" within the meaning of Section 103(o)(2) of the hternal
Revenue Code of 1954, as amended, and the applicable regulations issued thereunder.
SECTION 16. THIS INSTRUMENT CONS'ITrUTES A CONTRACT. The Issuer
covenants and agrees that this instrument shall constitute a contract between the Issuer
and the holders from time to time of any of the Bonds then outstanding and that all
covenants and agreements set forth herein and in the Loan Agreement and the Indenture
to be performed by the Issuer shall be for the equal and ratable benefit and security of all
holders of the Bonds without privilege, priority or distinction as to lien or otherwise of
any of the Bonds over any other of the Bonds.
SECTION 17. ELECTION UNDER SECTION I03(bX6XD). The Issuer does
hereby elect to have the provisions of Section 103(0)(6)(D) of the Internal Revenue Code
of ] 954, as amended, apply to the Bonds and said Mayor is hereby authorized and directed
to evidence such election by executing and filing on behalf of the Issuer a statement in
the form required by Section l.]03-10(b)(2Xvi) of the Regulations of the Internal Revenue
Service.
SECTION 18. AWARD OF BONDS. The City hereby accepts the offer of The
Citizens and Southern National Bank (the "Purchaser") to buy the Bonds expressed in the
Commitment Letter filed in the Council Secretary's office as Exhibit "C", and made a
part hereof.
SECTION 19. EXECUTION OF BONDS AND AUTHO]~rz&TION OF ALL
OTHER NECESSARY ACTION. The proper officers of the Issuer are hereby authorized
and directed to execute the Bonds when prepared and to deliver the same to the Trustee
named herein for authorization and delivery to the Purchaser upon payment of the
purchase price pursuant to the conditions stated in the Trust Indenture. The Mayor, City
Clerk, Counsel for the Issuer, and Bond Counsel for the Issuer are each designated agents
of the Issuer in connection with the issuance and delivery of the Bonds, and are authorized
and empowered, eollectively or individually, to take all action and steps to execute and
deliver any and all instruments, documents or contracts on behalf of the Issuer which are
necessary or desirable in connection with the execution and delivery of the Bonds and
which are not inconsistent with the terms and provisions of this resolution and other
actions relating to the Bonds heretofore taken by the Issuer.
SECTION 20. TRUSTEE, REGISTRAR AND PAYING AGENT. The Citizens
and Southern National Bank, Atlanta, Georgia, is hereby designated Trustee, Registrar and
Paying Agent for the Bonds under and pursuant to the Indenture.
SECTION 21. SEVERABILITY OF INVA~ PROVISIONS. If any one or more
of the covenants, agreements or provisions herein contained shall be held contrary to any
express provisions of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shah for any reason whatsoever be held invalid,
then such covenants, agreements or provisions shall be null and void and shall be deemed
separable from the remaining covenants, agreements or provisions and shah in no way
affect the validity of any of the other provisions hereof or of the Bonds issued hereunder.
SECTION 22. R~-PEALING CLAUSE. All resolutions or parts thereof of the
Issuer in conflict with the provisions herein contained are, to the extent of such conflict,
hereby superseded and repealed.
SECTION 23. EFFECTIVE DATE. This resolution shall become effective
upon signature by the Mayor or upon becoming effective without the Mayor's signature.-
(SEAL)
CITY OF SANFORD, FLOItIDA
ATTEST:
By: s / Lee P. Moore
Mayor
By: s / H. N....Tar,~m,. Jr.
City Clerk