051385-Regular Session MINUTES
City Commission, Sanford, Florida
037
May 13 at 7:00 P. M. 1985
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 May 13, 1985.
Present: Mayor-Commissioner Bettye D. Smith
Commissioner John Y. Mercer
Commissioner Milton E. Smith
Commissioner David T. Farr
Commissioner Bob Thomas
City Attorney William L. Colbert
City Manager Frank A. Faison
City Clerk H. N. Tamm, Jr.
The meeting was called to order by the Chairman.
Bob McKee appeared and presented to the City a Warranty Deed for property to be
used for a park, East of Airport Boulevard and South of Academy Manor Subdivision. The
Commission accepted same and thanked Mr. McKee.
The next item of business was the continuation, from meeting of April 22, 1985, of
a public hearing to consider rezoning a portion of the property lying between U.S. 17-92
(French Avenue) and Elm Avenue and between West 15th Street and West 18th Street from SR-1A
(Single-Family Residential Dwelling) District to GC-2 (General Commercial) District.
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, the Board of Public
Instruction for Seminole County, on March 20, 1985, and the property was posted on March 30,
1985.
Those appearing in favor of the rezoning were as follows:
W. C. Hutchison, Attorney with the firm of Hutchison and Mamele, appeared and
reported he represents Don Huber, the applicant, who plans to construct a 100,000 square
foot Winn Dixie Market Place, composed of a 45,000 square foot Winn Dixie store, and other
smaller stores. Further, there are no houses on the East side which face the property, and
there are seven houses on the South which face the property. He submitted a petition which
he said contained the signatures of over 1,000 residents of the City not directly impacted
by the proposed shopping center, and who are in favor of same.
Mack LaZenby appeared and reported the sale of the property to Mr. Huber is not
contingent on the requested rezoning, and with the construction of the proposed shopping
center the drainage will be improved by installing underdrains, and the traffic problems
will be improved by the installation of a traffic signal, which the developer will provide,
and dedicate land for deceleration lanes. Further, the developer has committed to make a
contribution to the parks department, and will erect a seven foot high decorated block wall
on top of a four foot high berm across the East side of the property, to screen the shopping
center from the residential area. Dumpsters, and trash compaction will be inside the
buildings and will be emptied on a schedule acceptable to all. Also, the improved property
will bring about $60,000.00 per year in taxes, and will be less demand on the water and
sewer systems than alternatives which could be constructed on said property.
Don Huber appeared to support the rezoning and reported he has built approximately
50 Winn Dixie Shopping Centers, still owns three completed within the last year or two, and
is committed to making this shopping center a first-class project.
Those appearing in opposition were as follows:
038
MINUTES
City Commission, Sanford, Florida
May 13 at 7:00 P. M. 1985
Betsy Phillips, 423 West 18th Street, appeared and reported she felt people were
mislead into signing the petition submitted by Mr. Hutchison. She submitted a petition
which she said contained the signatures of over 600 people in the area who are opposed to
the proposed shopping center.
Dot Young, 220 West 18th Street, appeared and reported the City does not need
another shopping center, and the First Street Winn Dixie will be closed if this one is
opened.
Sylvia Smith, 425 West 18th Street, appeared to oppose the proposed rezoning and
showed slides of the subject property, the traffic, the Sanford Middle School students, and
other shopping centers in the City.
Jaylean Lee, 423 West 18th Street, appeared to oppose the proposed rezoning and
reported lights from the shopping center would shine directly into her house, the shopping
center would cause in increase in crime in the neighborhood, and child molestation would
increase.
R. A. Cobb, 313 West 15th Street, appeared to oppose the proposed rezoning, and
reported the First Street Winn Dixie let anyone sign the petition whether or not they were
citizens of Sanford.
Hulon Black, 105 Forrest Drive, appeared and suggested the property be used for a
park.
Jim Walsh, 412 West 19th Street, appeared and reported he would rather see the
present shopping centers upgraded before new ones are constructed.
A. A. McClanahan appeared and reported if the zoning is approved, the property
will double or triple in value.
The Mayor asked for a show of hands of those persons present who had not spoken in
opposition to the proposed rezoning, but wished to show their opposition.
Ed Barbour, 211 West 18th Street, appeared to oppose the proposed rezoning.
Commissioner Mercer asked if there was any persons present in support of the
proposed rezoning, who had not already spoken. No one appeared.
On recommendation of the Planning and Zoning Commission, Commissioner Mercer moved
to deny the rezoning. Seconded by Commissioner Smith and carried.
The next item of business was the continuation, from meeting of April 22, 1985, of
a public hearing to consider closing, vacating and abandoning a North-South alley and that
portion of Laurel Avenue lying between West 15th Street and West 18th Street and between
U.S. 17-92 (French Avenue) and Elm Avenue. The Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, the proposed
street and alley closings. No one appeared.
.The City Clerk reported notice was sent to the owners on March 20, 1985.
Commissioner Farr moved to deny said street and alley closings. Seconded by
Commissioner Smith and carried.
A public hearing was held in accordance with Notice published in the Evening
Herald on April 23 and May 3, 1985, as follows:
NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND
MINUTES
City Commission, Sanford, Florida
039
May 13 at 7:00 P. M. 19 85
AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF
THE ZONING ORDINANCE 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 May 13, 1985, to consider
changes and amendments to the Zoning Ordinance of the City of
Sanford, Florida, as follows:
A portion of that certain property lying between West
First Street and West Second Street and between
Mangoustine Avenue and Olive Avenue extended Northerly
is proposed to be rezoned from RMOI (Multiple-Family
Residential, Office and Institutional) District to GC-2
(General Commercial) District. Said property being
more particularly described as follows:
Lots 30, 31, 32 and 33, less the East 7 feet,
Graceline Court, Plat Book 3, Page 99, Public
Records of Seminole County, Florida.
Ail parties in interest and citizens shall have an opportun-
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: April 23 and May 3, 1985.
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 Bobby W. Jackson, owner, on April 5,
1985 and the property was posted on April 17, 1985.
Bobby Jackson, 107 High Street, Lake Mary, appeared to support the rezoning and
reported he is considering putting in mini-warehouses, an office complex, an efficiency
motel, or a retail store outlet, and the property is not for sale.
Diane Smith, 1413 Oak Avenue, appeared and reported she owns the property at 1215
West Second Street, that mini-warehouses, an office complex or a motel would increase the
traffic problems, and that the Northerly bank of Mills Creek has been built up, so that when
it rains, the creek overflows onto Second Street.
On recommendation of the Planning and Zoning Commission, Commissioner Farr moved
to authorize the City Attorney to prepare the proper ordinance to rezone said property.
Seconded by Commissioner Smith and carried upon Roll Call Vote as follows:
Commissioner Mercer
Commissioner Smith
Commissioner Farr
Commissioner Thomas
Mayor Smith
Aye
Aye
Aye
Naye
Naye
Request submitted from Gerald R. Gross to close a portion of Rand Avenue (Rand's
Mall) lying between East First Street and East Commercial Street and between North Park
Avenue and North Palmetto Avenue. On recommendation of the City Manager, Commissioner Farr
moved to authorize a public hearing to be held May 28, 1985 to consider same, and proper
notice. Seconded by Commissioner Mercer and carried.
O4O
MINUTES
City Commission, Sanford, Florida
May 13 at 7:00 P. M. 19 85
,/
Request submitted from Cris Crismond, G & C Engineering Consultants, Inc., to
close a portion of DeSoto Drive at Highway 17-92. On recommendation of the City Manager,
Commissioner Farr moved to authorize a public hearing to be held June 10, 1985 to consider
same, and proper notice. Seconded by Commissioner Thomas and carried.
Request submitted from Donald C. Bauerle, Jr., President, Codisco, Inc., to close
Fourth Street between Poplar Avenue and the Seaboard Coast Line Railroad Right-of-Way. On
recommendation of the City Manager, Commissioner Thomas moved to authorize a public hearing
to be held June 10, 1985 to consider same, and proper notice. Seconded by Commissioner
Smith and carried.
Request submitted from Centex Homes of Florida, Inc., to vacate a portion of a
utility easement lying between Grovewood Avenue and the Florida Power Company easement, in
the Replat of Groveview Village, Second Addition. On recommendation of the City Manager,
Commissioner Mercer moved to authorize a public hearing to be held June 10, 1985 to consider
same, and proper notice. Seconded by Commissioner Thomas and carried.
Request for annexation submitted from Edith Zeuli, Trustee, for a portion of the
property lying between West Eighteenth Street and West 20th Street and between Bell Avenue
extended Southerly and the vacated Seaboard Coast Line Railroad Right-of-Way, further
described as follows:
Lot 11 (Less the South 100.6 feet thereof), Block 1, San Sem Knolls
First Addition, according to the Plat thereof recorded in Plat book 13,
Page 65, Public Records of Seminole County, Florida.
On recommendation of the City Manager, Commissioner Mercer moved to deny same, and refund
the annexation fee. Seconded by Commissioner Smith and carried.
Request submitted from H. G. and Ruby P. Echols for water service at 2604
Narcissus Avenue, outside the City and not contiguous to the City. On recommendation of the
City Manager, Commissioner Farr moved to authorize reconnection of said water service,
provided the proper annexation petition is submitted and all applicable fees paid. Seconded
by Commissioner Thomas and carried.
Request submitted from Daryl McLain to grandfather in the commercial use of the
building at the Northwest corner of the intersection of Eighth Street and Park Avenue.
Daryl McLain appeared to support the request and reported he plans to completely remodel the
building for an insurance office, and they will have five more parking spaces than required.
Commissioner Mercer moved to approve said request. Seconded by Commissioner Smith and
carried.
The City Clerk submitted a notice from Seminole County that they have voided their
approval of October 9, 1984, to increase the density to 99 units on the 18 acre tract
located between Lake Mary Boulevard and Airport Boulevard and between Hidden Lake Drive and
Live Oak Boulevard; said property rezoned from Ad (Agricultural) District to MR-2 (Multiple-
Family Residential Dwelling) District by Ordinance No. 1702 on November 12, 1984. The City
Attorney reported the ordinance was passed based on the County's approval, and that no
action is necessary at this time.
Recommendations dated May 3, 1985 submitted from the Planning and Zoning
Commission, as follows:
MINUTES
City Commission, Sanford, Florida
041
May 13 at 7:00 P. M. 19 85
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
May 3, 1985
City Clerk
Zoning Inspector
Recommendations for the Planning & Zoning Meeting - May 2, 1985
Recommended the approval of the request to rezone from RMOI to that of
GC-2, property located at 109 Mangoustine Avenue. Owner: Bobby Jackson
After discussion regarding the'impact of commercial property on traffic
flow, potential policing problems, and property values, recommended the
denial of the request to rezone from MR-1 to RC-1, property located at
the NE corner of Sir Lawrence Dr. and Lake Mary Blvd. Owner: Thomas
Tompkins Rep: Sam Ackley
Approved the conditional use of the sale of beer and wine for consumption
on the premises, that property located at 3639-3641 Orlando Dr. in a GC-2
zone. Owner: Home Properties Rep: Larry Scherer
Accepted the resignation of Cliff Miller from the Planning & Zoning Commission.
He has moved from the City of Sanford.
Bottle
/ms
1985.
The City Clerk reported Item (2) has been advertised for public hearing on May 28,
Commissioner Farr moved to authorize sale of Beer and Wine for Consumption on the
Premises at 3639-3641 Orlando Drive. Seconded by Commissioner Thomas and carried.
Commissioner Mercer moved to accept with regrets, the resignation of Cliff Miller
from the Planning and Zoning Commission, and to authorize a letter thanking him for his
service. Seconded by Commissioner Smith and carried.
Request submitted from Lisa Garris, Manager, Burger King, for free use of the
Civic Center on May 23, 1985 for a Gospel Sing to benefit the Orando Childrens Hospital and
Perinatal Center. Hulon Black appeared to represent Ms. Garris and support the request. On
recommendation of the Director of Recreation and Parks, Commissioner Farr moved to approve
same. Seconded by Commissioner Thomas and carried.
On recommendation of the City Manager and the Director of Recreation and Parks,
Commissioner Mercer moved to authorize Sara Jacobsen to use the Civic Center with alcoholic
beverages on June 9, 1985, after payment of proper fee. Seconded by Commissioner Smith and
carried.
O42
MINUTES
City Commission, Sanford, Florida
May 13 at 7:00 P. M. 1985
On recommendation of the City Manager and the Director of Recreation and Parks,
Commissioner Farr moved to authorize the Longwood Sertoma Club to use the Civic Center with
alcoholic beverages on May 11, 1985, after payment of proper fee.
Thomas and carried.
Seconded by Commissioner
Request submitted from Bennie L. and Faye O. Henderson for a 90 day time extension
on property at 421 East Ninth Street, Group 78, Report 1125. On recommendation of the City
Manager and the Minimum Housing Code Inspector, Commissioner Smith moved to authorize a 90
day extension if the property is boarded up until renovation is started.
Commissioner Mercer and carried.
Seconded by
On recommendation of the City Manager, Commissioner Farr moved to authorize salary
reclassifications as follows:
Lloyd N. Strine, Public Works Department, Maintenance Division, from
Trades Worker E to F, $16,992.43 annual.
Jerry W. Thompson, Public Works Department, Street Division, from Field
Supervisor E to F, $20,444.62 annual.
Greg Harrell, Police Department, Uniform Division, from Police Officer D
to E, $19,971.27 annual.
Seconded by Commissioner Smith and carried.
On motion of Commissioner Farr, seconded by Commissioner Thomas and carried,
Ordinance No. 1755, 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
ART LANE AND A PORTION OF THAT CERTAIN
PROPERTY LYING AT THE NORTHWEST CORNER OF THE
INTERSECTION OF LAKE MARY BOULEVARD AND ART
LANE FROM AD (AGRICULTURAL) DISTRICT TO RC-1
(RESTRICTED COMMERCIAL) DISTRICT; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
was introduced and placed on first reading.
Brian Seigler, 500 West Seminole Boulevard, appeared to support the rezoning.
On motion of Commissioner Mercer, seconded by Commissioner Thomas and carried,
Ordinance No. 1756, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 13, (HEALTH AND SANITATION)
ARTICLE I, (IN GENERAL), BY DELETING SECTION
13-7 (DRAINING, FILLING, ETC., LOTS AND
VACANT LANDS) OF THE SANFORD CITY CODE;
PROVIDING SEVERABILITY, CONFLICTS AND EFFEC-
TIVE DATE.
was introduced and placed on first reading.
A public hearing was held in accordance with Notice published in the Evening
Herald on April 18, 25 and May 2, 9, 1985, 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 May 13, 1985, to consider the
adoption of an ordinance by the City of Sanford, Florida, as
follows:
MINUTES
City Commission, Sanford, Florida
O43
May 13 at 7:00 P. M. 1985
ORDINANCE NO. 1748
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
TO ANNEX WITHIN THE CORPORATE AREA OF THE
CITY OF SANFORD, FLORIDA, UPON ADOPT]ON OF
SAID ORDINANCE, A PORTION OF THE PROPERTY
LYING EAST OF AND ABUTTING U. S. 17-92 AND
SOUTH OF COLLINS DRIVE; SAID PROPERTY BEING
SITUATED IN SEMINOLE COUNTY, FLORIDA, ]N
ACCORDANCE WITH THE VOLUNTARY ANNEXATION
PROVISIONS OF SECTION 171.044, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY, CON-
FL1CTS AND EFFECTIVE DATE.
WHEREAS, there has been filed with the City Clerk of
the City of Sanford, Florida, a petition containing the names of
the property owners in the area described hereinafter requesting
annexation to the corporate area of the City of Sanford, Florida,
and requesting to be included therein; and
WHEREAS, the Property Appraiser of Seminole Count)',
Florida, having certified that there is one company owned parcel
in the area to be annexed and that said company president has
signed the Petition for Annexation; and
WHEREAS, it has been determined that the properLy
described hereinafter is reasonably compact and contiguous to the
corporate areas of the City of Sanford, Florida, and it has
further been determined that the annexation of said property will
not result in the creation' of any enclave; and
WHEREAS, the City of Sanford, Florida, is in a position
to provide municipal services to the property described herein,
and that the City Commission of the City of Sanford, Florida,
deems it in the best interest of the City to accept said petition
and to annex said property.
NOW, THEREFORE, BE ]T ENACTED BY THE PEOPLE OF THE CITY
Ot' SANFORD, FLOR]DA;
in Seminole County, Florida, be and the same is hereby unnex~,d Io
annexation provisions of Section 171.044, Florida
voluntary
Statutes:
The South 250 feet of the No~th 484 f~et of
the NE 1/4 of the SW 1/4 of Section
Township 20 South, Range 30 East, Sem2nole
County, Florida, lying East of State Road 15
& 600.
O44
MINUTES
City Commission, Sanford, Florida
May 13 at 7:00 P. M. 19 85
SECTION 2:
tire, the
described
privileges
That upon this
property owners and any
herein shall be entitled
ordinance becoming effec-
resident on the property
to all the rights and
and immunities as are from time to time granted to
residents and property owners of the City of Sanford, Florida, as
further provided in Chapter 171, Florida Statutes, and shall
further be subject to the responsibilities of residence or
ownership as may from time to time be determined by the governing
authority of the City of Sanford, Florida, and the provisions of
said Chapter 171, Florida Statutes.
SECTION 3: ]f any section or portion of a section of
this ordinance proves to be invalid, unlawful or unconstJtu-
tiona], it shall not be held to impair the validity, force or
effect of any other section or part of this ordinance.
SECTIO~ 4: That all ordinances or parts of ordinances
in co,,f]ict hex'ewith be and the same are hereby revoked.
SECTION 5: That this ordinance shall become effective
immediately upon its passage and adoption.
A copy shall be available at the Office of the City Clerk
for all persons desiring to examine the same.
Ail parties in interest and citizens shall have an
opportunity to be heard at said hearing.
By order of the City Commission of the City of Sanford,
Florida.
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)
Publish:
H. N. Tamm, Jr.
City Clerk
April 18, 25, and May 2, 9, 1985.
Ordinance No. 1748, 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 THE PROPERTY
LYING EAST OF AND ABUTTING U. S. 17-92 AND
SOUTH OF COLLINS DRIVE; SAID PROPERTY BEING
SITUATED IN SEMINOLE COUNTY, FLORIDA, IN
ACCORDANCE WITH THE VOLUNTARY ANNEXATION
PROVISIONS OF SECTION 171.044, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY, CON-
FLICTS AND EFFECTIVE DATE.
introduced and placed on first reading April 8, 1985, was next placed on final reading.
After being read by title, the Chairman announced that the Commission would hear from those
i
MINUTES
City Commission, Sanford, Florida
May 13 at 7:00 P. M. 1985
persons present to speak in favor of, or in opposition to, the adoption of the ordinance.
No one appeared.
Comissioner Farr moved on the passage and adoption of Ordinance No. 1748.
Seconded by Conmuissioner Smith and carried.
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1748, 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 THE PROPERTY
LYING EAST OF AND ABUTTING U. S. 17-92 AND
SOUTH OF COLLINS DRIVE; SAID PROPERTY BEING
SITUATED IN SEMINOLE COUNTY, FLORIDA, IN
ACCORDANCE WITH THE VOLUNTARY ANNEXATION
PROVISIONS OF SECTION 171.044, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY, CON-
FLICTS AND EFFECTIVE DATE.
A public hearin9 was held in accordance with Notice published in the Evenin~
Herald on April 18, 25 and May 2, 9, 1985, 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 May 13, 1985, to consider the
adoption of an ordinance by the City of Sanford, Florida, as
follows:
ORDINANCE NO. 1749
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 THE PROPERTY
LY1NG SOUTH OF B1EDER AVENUE EXTENDED
WESTERLY, NORTH OF AND ABUTTING C.R. 427,.AND
EAST OF AND ABUTTING FRENCH AVENUE; SAID
PROPERTY BEING SITUATED IN SEMINOLE COUNTY,
FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY
ANNEXATION PROVISIONS OF SECTION 171.044,
FLORIDA STATUTES; PROVIDING FOR SEVERAB]LII'Y,
· CONFLICTS AND EFFECTIVE DATE.
WHEREAS, there has been filed with the City Clerk of
the City of Sanford, Florida, a petition containing the name~ of
the property owners in the area described hereinafter requestins
annexation to the corporate area of the City of Sanford, Florida,
and requesting to be included therein; and
WHEREAS, the Property Appraiser of Seminole County,
Florida, having certified that there are two properly owners in
the area to be annexed and that said property owners have signed
the Petition for Annexation; and
WHEREAS, it has been determined that the property
described hereinafter is reasonably compact and contiguous .Io the
corporate areas of the City of Sanford, Florida, and it has
further'been determined that the annexation of said property will
not result in the creation of any enclave; and
046
MINUTES
City Commission, Sanford, Florida May 13 at 7: 00 P. M. 19 85
WHEREAS, the City of Sanford, Florida, is Jn a position
to provide municipal services to the property described here~n,
and that the City Commission of the City of Sanford, Florida,
deems ~t Jn the best interest of the City to accept said pet'itfon
and to annex said property.
NOW, THEREFORE, BE ]T ENACTED BY THE PEOPLE OF THE CITY
Or SAN}:ORD, FLOR]DA;
St!C,T]ON 1: ]hal the'property desc~Jbc, d
~n Seminole County, Florida, be and the same ~s hereby annexed to
annexation provisions of Section 17] .044, Florida
voluntary
Statutes:
All of Brentwood Grove, Blk "A", Plat Book 7,
Page 62; Lots 1 thru 10, 60 thru 77 (less 74
and 76) and 113 thru 118, Brentwood Add. to
Sanford, Plat Book 4, Page 43, Public Records
of Seminole County, Florida.
SECTION 2: That upon this ordinance becoming effec-
tive, the property owners and any resident on the property
described herein s'hall be entitled to all the rights and
privileges and immunities as are from time to time granted to
residents and property owners of the City of Sanford, Florida, as
further provided in Chapter 171, Florida Statutes, and shall
further be subject to the responsibilities of resi. dence or
ownership as may from time to time be determined by the governing
authority of the City of Sanford, Florida, and the provisions of
said Chapter 171, Florida Statutes.
SECTION 3: If any section or portion of a section of
th~s ordinance proves to be invalid, unlawful or
tional, it shall not be held to impair the validity, force or
effect of any other section or part of this ordinance,.
SECTION 4: That all ordinances or parts of ordinances
~n conflict herewith be and the same are hereby revoked.
SECTIOE 5: That this ordinance shall become effective
immediately upon its passage and adoption.
A copy shall be available at the Office of the City Clerk
for all persons desirin~ to examine the same.
Ail parties in interest and citizens shall have an
MINUTES
City Commission, Sanford, Florida
O47
May 13 at 7:00 P. M. 1985
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)
Publish:
H. N. Tamm, Jr.
City Clerk
April 18, 25, and May 2, 9, 1985.
Ordinance No. 1749, 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 THE PROPERTY
LYING SOUTH OF BIEDER AVENUE EXTENDED
WESTERLY, NORTH OF AND ABUTTING C.R. 427, AND
EAST OF AND ABUTTING FRENCH 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.
introduced and placed on first reading at meeting of April 8, 1985, was next placed on final
reading. After being read by title, the Chairman announced that the Commission would hear
from those persons present to speak in favor of, or in opposition to, the adoption of the
ordinance.
Letter submitted from W. Garnett and Paulette C. White, requesting deletion from
the ordinance of all lots in Brentwood Addition, leaving only that property described as all
of Brentwood Grove, Block A.
Garnett White, Route 3, Box 585 B, Sanford, appeared to support the annexation and
reported he has lived on Lot A, Brentwood Grove for nine years.
Nikki Clayton, 1101 East First Street, Seminole County Attorney, appeared and
reported the Seminole County Commission has instructed her to register the County's
opposition to the proposed White annexation, and to the Baker annexation adopted April 22,
1985. Further, in her opinion, the annexation of these properties creates an enclave,
regardless of deletion of property in Brentwood Addition, and is accomplished in a
serpentine manner, and not compact.
The City Attorney reported that the definition of an enclave has not been
established by the legislature or by Florida Statutes. Further, an Attorney General's
Opinion issued in 1980 prohibits enclaves of municipal land and does not eliminate enclaves
of county land if it is accessible by a road.
Mr. White requested to withdraw his letter deleting the property in Brentwood
Commissioner Mercer moved to authorize same. Seconded by Commissioner Farr and
Addition.
carried.
Commissioner Mercer moved on the passage and adoption of Ordinance No. 1749.
Seconded by Commissioner Smith and carried.
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
O48
MINUTES
City Commission, Sanford, Florida
May 13 at 7:00 P. M. 1985
Florida, had passed and adopted said Ordinance No. 1749, 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 THE PROPERTY
LYING SOUTH OF BIEDER AVENUE EXTENDED
WESTERLY, NORTH OF AND ABUTTING C.R. 427, AND
EAST OF AND ABUTTING FRENCH 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.
A public hearing was held in accordance with Notice published in the Evening
Herald on April 26, 1985, 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 May 13, 1985, to consider the
adoption of an ordinance by the City of Sanford, Florida, title
of which is as follows:
ORDINANCE NO. 1753
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 WEST OF AND
ABUTTING U. S. HIGHWAY 17-92 (S.R. 15-600)
AND SOUTH OF LAKE MINNIE DRIVE FROM MR-1
(MULTIPLE-FAMILY RESIDENTIAL DWELLING) DIS-
TRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
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: April 26, 1985.
Ordinance No. 1753, 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 WEST OF AND
ABUTTING U. S. HIGHWAY 17-92 (S.R. 15-600)
AND SOUTH OF LAKE MINNIE DRIVE FROM MR-1
(MULTIPLE-FAMILY RESIDENTIAL DWELLING) DIS-
TRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
introduced and placed on first reading at meeting of April 22, 1985, 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
rezoning.
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME--FIRST NAME--MIDDLE NAME
Smith, Bettye D.
MAILING ADDRESS
103 Country Place
CITY ' COUNTY
San ford Seminole
DATE ON WHICH VOTE OCCURRED
May 13, 1985
NAME OF BOARD. COUNCIl,, COMMISSION. AUTHORITY. OR COMMITTEE
City Commission
THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMII'rEE ON
WHICH i SERVE iS A UNIT OF:
CITY 13 COUNTY D OTHER LOCAL AGENCY rt STATE
NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
City of Sanford, Florida
WHO MUST FILE FORM 4
This form is for use by any per,On ;servifig on either an aPPoimed or elected board, council, commission, authority, or committee·
whether state or local, and it applies equally to members of advisory mhd non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from thc requirements for state offiCers, this form is divided
into two parts: PART A is for usc by persons serving on local boards (municipal, county· special tax districts, etc.), while PART B is
prescribed for all other boards· i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be t'ded.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other Iocalpublic officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local offiCer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose thc conflict:
(a)
(b)
PRIOR TO THE VOTE BEING TAKEN by publicly stating to thc assembly the nature of his interest in the matter on which he is
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing thc nature of his interest as a public record in this part below.
NOTE: Commissioners of a Community Redevelopment Agency created .or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes (Supp. 1984), or offiCers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of t~'spart must be made.
1, the undersigned local public officer, hereby disclose that on May 13 ,19 8 5
(a) I abstained from voting on a matter which (check one):
x inured to my special private gain; or inured to my son's private 9ain.
__ inured to the special gain of -
· by whom ! am retained.
CE FORM 4- REV. 10-84 PAGE
(b) The measure on which i abstained and the nature of my interest in the measure is as follows:
Abstained from voting on the motion to authorize the Mayor and
execute a lease of City. Property at the Marina to Beda Marine.
City Clerk to
Date Filed
Signature
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICER8
[Required by Section 112.3143(2), Florida Statutes (SumP. ~1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within ! $ days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on ,19 :
(a) I voted on a matter which (check one):
inured to my special private gain; or
inured to the special gain of
· by whom I am retained.
(b) The measure on which I voted and the iaaturc of my interest in the measure is as follows:
Date Flied Signature
Please see PART C below for instructions on when and where to fde this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within f'dteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not
be filed merely to indicate the absence ora voting conflict. (~9,- .~/~ ---<~--~ /~/
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES§ 112.3 i 7 (I ~3), A FAILU RE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND M AY
BE PUNISHED I~Y ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,
DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CiViL PENALTY NOT TO EXCEED $5,000.
CE FORM 4 - REV. 10-84 PAGE 2
MINUTES
City Commission, Sanford, Florida
049
May 13 at 7:00 P. M.
19 85
Kurt Gumbman, 2800 South Sanford Avenue, appeared to support the rezoning and
reported they plan to replace the existing sales office and car showroom.
Commissioner Farr moved on the passage and adoption of Ordinance No. 1753.
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. 1753, 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 WEST OF AND
ABUTTING U. S. HIGHWAY 17-92 (S.R. 15-600)
AND SOUTH OF LAKE MINNIE DRIVE FROM MR-1
(MULTIPLE-FAMILY RESIDENTIAL DWELLING) DIS-
TRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
Resumes submitted for persons requesting to be appointed to the Sanford Housing
Authority, as follows:
Zonnye Dixon
Alexander C. Wynn, II
Willie H. King
Joseph C. Caldwell
Theobie Wells, Jr.
Commissioner Smith moved to table consideration of same until Workshop Session on May 20,
1985. Seconded by Commissioner Farr and carried.
Commissioner Smith moved to authorize the Mayor and City Clerk to execute a lease
of City Property at the Marina to Beda Marine. Seconded by Commissioner Thomas and carried.
Mayor Smith abstained from vote.
Commissioner Farr moved to appoint Joseph J. Schaffer, 219 Woodmere Boulevard, to
the Board of Adjustment. Seconded by Commissioner Thomas and carried.
On motion of Commissioner Mercer, seconded by Commissioner Farr and carried,
Minutes of April 22, 29 and May 1, 1985 were approved.
On motion of Commissioner Smith, seconded by Commissioner Farr and carried,.
Vouchers for the month of April, 1985, were approved as follows:
VOUCHERS FOR THE MONTH OF APRIL, 1985
General Fund, Sun Bank, N.A., Voucher No. 092 thru 097.
Refuse Collection & Disposal Fund, Sun:Bank, N.A., Voucher No. 055 thru
059
Water and Sewer Revenue Fund, Sun Bank, N.A., Voucher No. 056 thru 063.
Policemen's Pension Fund, Sun Bank, N..A,, Voucher No. 642.
Firemen's Relief and Pension Fund, Sun Bank, N.A., Voucher No. 460.
Central Paying Account, Sun Bank, N.A., Voucher No. 2969 thru 3434.
Utility Trust Fund, Sun Bank, N.A., Voucher No. 155 thru 158.
1953 Sinking Fund Reserve, Sun Bank, N.A., Voucher No. 69 and 70.
Revenue Sharing Trust Fund, Sun Bank, N.A., Voucher No. 213.
The next item of business was considertion of Sec. 18-18 of the City Code,
regarding construction on Saturday and Sunday. The Commission authorized to discuss same at
Workshop Session on May 20, 1985.
Request submitted from Mr. Housley to waive the requirement to move every two
MINUTE S
City Commission, Sanford, Florida
May 13 at 7:00 P. M. 1985
hours, so he can peddle peanuts from a truck at 302 West 13th Street. The Commission
authorized to discuss same at Workshop Session on May 20, 1985.
Request submitted from Mr. and Mrs. James V. Owens for an exempt license to
solicit donations. On recommendation of the City Manager, Commissioner Mercer moved to deny
same. Seconded by Commissioner Farr and carried over dissenting vote of Commissioner Smith.
Request submitted from John and David Wall for water service for a proposed
building on Fifth Street at Airport Boulevard, not contiguous to the City. John Wall, 303
Southwest Celery Circle, Longwood, appeared to support the request and reported he plans to
construct a plant to manufacture extruded plastic vertical blinds, and will not be a big
user of water.
On recommendation of the City Manager, Commissioner Farr moved to authorize the
water connection, provided proper annexation petition is submitted, applicable fees paid,
and the Engineering Plans are approved by the Utility Director. Seconded by Commissioner
Smith and carried.
Request submitted from L. Michael Durak, Senior Planner, Seminole County, to
appoint a City Commissioner and a Planning and Zoning Commission member to the North
Citizens Advisory Committee Study Area; and a City Commissioner and a Planning and Zoning
Commission member to the West Central Citizens Advisory Committee Study Area, to review the
long range aspects of The Seminole County Transportation Program.
The Commission appointed Commissioner Smith and Sheila Roberts to the North
Citizens Advisory Committee Study Area, and Mayor Smith and John Morris to the West Central
Citizens Advisory Committee Study Area.
Commissioner Farr moved to repair the damaged public boat ramps at the Marina, in
estimated amount of $26,500.00, and to obtain reimbursement of said expenses after the
conclusion of the lawsuits and establishment of who was responsible for the damage.
Further, to authorize the City Manager to advertise for bids for said repairs. Seconded by
Commissioner Mercer and carried.
There being no further business, the meeting was adjourned.
ATTEST:
js
~ C I T~L E RK ~ '
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