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070885-Regular Session106 MINUTES City Commission, Sanford, Florida 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 8, 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. Resolution No. 1411 was read in full and adopted by the Commission. Said Resolution being in words and figures as follows: RESOLUTION NO. ~ A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, THANKING AND COMMENDING J. Q. "SLIM" GALLOWAY FOR HIS SERVICE TO THE CITY OF SANFORD, FLORIDA, AS A MEMBER AND AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION. WHEREAS, the City Commission of the City of Sanford, Florida is charged with the responsibility of exercising al powers of the City and performing all duties and obligation imposed on the City by law; and WHEREAS, J. Q. "SLIM" GALLOWAY, was appointed to the Planning and Zoning Commission on March 6, 1975, and serve continuously as a member of that commission until On March 2, 1978, he was appointed Chairman of Commission and served in that capacity Zoning 1984. commend Sanford; June 30, 1985 the Planning an until 3une 30 WHEREAS, the City of Sanford wisheu to thank an J. Q. "SLIM" GALLOWAY for his service to the City o NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF TH CITY OF SANFORD, FLORIDA: SECTION 1: That the City of Sanford, Florida, thank~ and commends J. Q. "SLIM" GALLOWAY for his ten years of service to the people of the City of Sanford, Florida, as a member of and as Chairman of the Planning and Zoning Commission, and extends t¢ him its best wishes for the future. SECTION 2: That this Resolution be recorded in thc official minutes of the City of Sanford, Florida, and that a copy be presented to J. Q. "SLIM" GALLOWAY. PASSED AND ADOPTED ATTEST: MINUTES City Commission, Sanford, Florida 107 Jul.v 8 ~ Mayor Smith presented J. Q. "Slim" Gallawoay with a copy of Resolution No. 1411. Resloution No. 1410 was read in full and adopted by the Commission. Said Resolution being in words and figures as follows: RESOLUTION NO. 1410 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, THANKING AND COMMENDING C. B. FRANKLIN FOR HIS SERVICE TO THE CITY OF SANFORD, FLORIDA, AS A MEMBER OF THE PLANNING AND ZONING COMMISSION. Florida powers of WHEREAS, the City Commission of the City of Sanford is charged with the responsibility of exercising al the City and performing all duties and obligations imposed on the City by law; and WHEREAS, C. B. FRANKLIN, was appointed to the Planning and Zoning Commission on November 4, 1971, and served continuously as a member of that commission until June 30, 1985. WHEREAS, the City of Sanford wishes to thank and commend C. B. FRANKLIN for his service to the City of Sanford; NOW, THEREFORE, CITY OF SANFORD, FLORIDA: SECTION 1: That BE IT RESOLVED BY THE PEOPLE OF THE the City of Sanford, Florida, thanks and commends C. B. FRANKLIN for his fourteen years the people of the City of Sanford, Florida, as a member of Planning and Zoning Commission, and extends to him its wishes for the future. SECTION 2: That this Resolution be recorded in thc official minutes of the City of Sanford, Florida, and that a cop) be presented to C. B. FRANKLIN. of service to th~ bes' PASSED AND ADOPTED this ~ay of July, .A~.D. 1985. MAYOI~ ~/ 108 MINUTES City Commission, Sanford, Florida July 8, 19 85 : y , As fi~e ~f~y~C~mmission of the Mayor Smith presented C. B Franklin----' ' - F~orida. . o~so±u~lon No. 1410. The Mayor announced that the next item of business was to receive bids in accordance with ad published on June 13, 1985 for sale of a parcel of City landfill property located North of Lake Mary Boulevard. Minimum bid was stated as $50,000.00. The City Clerk reported that no bids had been received. The City Attorney advised that either the bids can be re-advertised or the Commission can take no action at this time. Commissioner Smith moved that the bid-opening be tabled. Seconded by Commissioner Mercer and carried. A public hearing was held in accordance with notices published on June 21, 1985, in the Sanford Evening Herald as follows: NOTICE OF PROCEEDING FOR CLOSING, VACATING AND ABANDONING PORTIONS OF STREETS 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 July 8, 1985, 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 Georgia Avenue lying between West 25th Street and West 24th Street and a portion of West 24th Place lying between Georgia Avenue and Hartwell Avenue, further described as follows: That portion of Georgia Avenue Right-of-Way lying between the North Right-of-Way line of 25th Street (C.R. 46-A) and the South Right-of-Way line of West 24th Street, and That portion of West 24th Place lying between Block ! and Block 2, 3rd Section Dreamwold, Plat Book 4, page 70, Public Records of Seminole County, Florida. Retaining same as utility easements. Persons interested may appear and be heard at the time and palce 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 H. N. a~amm, Jr. City Clerk l{sh:June 21, 1985. MINUTES City CommissiOn, Sanford, Florida 107 July 8, 1985 Ralph Russell, 201 Hayes Drive, appeared to oppose the proposed closing. He requested the Commission to consider the area in question as a watershed for the surrounding neighborhoods, which already have a drainage problem. William Balser, 222 Bradshaw, appeared, also making note of the drainage problems, the ditch being a health hazard because of mosquitos breeding in the backed-up water, and concern for the increased traffic on 25th Street. Tom McCann, representive of G & C Consultants appeared to support the request and stated that adequate drainage is being provided with proper retention. Joseph Cantrell, developer, submitted the proposed site plans to explain landscaping and proposed ingress from 25th Street. Commmissioner Farr noted that approval of the proposed offsetting of street intersections would cause traffic problems. Commissioner Farr moved to deny the request. Seconded by Commissioner Smith and carried. Commissioner Mercer moved to remove from table consideration of Bids for the TV/Seal Truck, tabled from the meeting of June 24, 1985. carried, presented. $119,940. Seconded by Commissioner Smith and Commissioner Mercer moved to approve the bid from Cues, Inc. in amount of Seconded by Commissioner Smith and carried. Commissioner Smith moved to remove from the table a request from John Sipes and Dot Meadors, Ahoy Marine Co., for water service at 2755 Second Street, tabled from the meeting of June 24, 1985. Seconded by Commissioner Farr, carried. Commissioner Smith moved to authorize same. Seconded by Commissioner Farr and carried. The City Attorney reported that there are no known tenants occupying the condemned building at 901 Sanford Avenue, Group 78, Report 84-1124, and same should be handled as a condemnation, not eviction. Commissioner Mercer moved to authorize the demolition of said structure, due to lack of response to the condemnation notice. Seconded by Commissioner Farr and carried. Mayor Smith suggested that one commissioner, one member of the Planning and Zoning Commission, and three citizens be recommended to the County as members of the Airport Boulevard/C.R. 46-A Corridor Committee. The Commission nominated Commissioner Farr, John Morris, Anne Wallace, A. K. Shoemaker, and Don Rathel, as candidates to be submitted to the County Commission. Commissioner Farr noted that the proposed Interlocal Agreement would freeze the County's percentage of the proposed aditional 2¢ Local Option Gas Tax Revenue at 65% with the cities dividing the remaining 35%, regardless of possible increases in future spending by the cities. County Commissioner Kirchoff and County Attorney Nikki Clayton appeared to clarify proposed agreement. Commissioner Kirchoff stated the 4¢ formula is frozen and with the Interlocal Agreement the proposed additional 2¢ could be frozen at the .same formula, or without an agreement the formula used will be the State mandated formula. Commissioner Farr moved to rescind action of the Commission on June 24, 1985, to 110 MINUTES City Commission, Sanford, Florida July 8, 19 85 approve follows: agreement. Seconded by Commissioner Thomas and carried upon a roll call vote as Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith - Naye - Yea - Yea - Yea - Naye William A. Cagle appeared to support his petition for annexation of property located at the Northwest corner of the intersection of Airport Boulevard and Country Club Road, tabled from the June 24, 1985. Mr. Cagle stated he had contacted the neighbor to the West, and also the neighbor to the North, and neither were interested in joining the petition for annexation. Commissioner Farr moved to remove request from the table. Mercer and carried. Commissioner Farr moved to.authorize the City Attorney prepare an ordinance to annex same. Seconded by Commissioner Smith and carried. A request for a time extension submitted from Steven Grier for condemned property at 911 Park Avenue, as follows: Seconded by Commissioner June 20, 1985 Dear Betty, I am writing this letter in response to our conversation Friday. As you informed me the 90 day period to complete our work on the house located at 911 Park Avenue has lapsed. I therefore would like to request the city commission to grant me a 90 day extention for completion of the work. Thank you for your help. Since~rely, I~' STEVEN GRIER 3301 Gardenia Avenue Orlando, Florida 32805 SG/mn Condemn Date%~~ No. of Extensions ~ Reconmmend~ Days Extension Signature MINUTES City Commission, Sanford, Florida 111 July 19 85 Commissioner Smith moved to authorize a 90 day extension for same. Seconded by Commissioner Thomas and carried. A request for a time extension was submitted from Shirley A. Dodd, Foreclosure Department, Stockton, Whatley, Davin & Company, for condemned propoerty at 2406 DeCottes Avenue, as follows: STOCKTON,WHATLEY. DAVIN & COMPANY 100 ~/F,,.ST BAY STREET, JACKSO~ILLE, FLORIDA 52202 June 12, 1985 Bettie B. Sonnenberg Mininun Housing Code and Zoning Inspector City of Sanford Sanford, Florida S~D No. 235942-1-575 Ruggles, Charles Group 77, Report No. 84-1120 Property Description: 2406 DeCottes Avenue Wynnewood Sub. PB4, PG93 Pursuant to notice received frc~n your office with regard to the above referenced account, please be advised that Stockton, Whatley, Davin is in the process of ccmpleting foreclosure. We request an additional ninety day extension for repairs. Please forward your response to my attention at the above address. Very truly yours, Shirley A. Dodd Foreclosure Department 359-2364 (904) Address~ Group --]~ Condemn Date ~/~ No. of Extensions Recommend ~ Days Extension Signature [ . ~ DatL ~co~~ -a 90 day extension Comissioner Farr moved ze . Seconded by Commissioner Mercer, carried. On motion of Commissioner Mercer, Ordinance No. 1767, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING CHAPTER 9 OF THE CITY CODE ENTITLED "FIRE PREVENTION AND PROTECTION" BY ADDING 112 MINUTES City Commission, Sanford, Florida July ARTICLE IV REQUIRING THE INSTALLTION OF AUTOMATIC FIRE SPRINKLER SYSTEMS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first readinG. Assistant Fire Chief Ronald M. Neel appeared to speak in favor of the proposed ordinance. Kevin Spolski appeared in opposition and stated it would make it cost prohibitive for small manufacturing businesses to build or rent space. Mr. Ernie Cavelloro, 535 OranGe Boulevard, appeared, stated that buildings under 8,000 square feet will often have water damage from line failures, so insurance companies will sometimes defer one premium against another. Seconded by Commissioner Smith and carried upon a roll call vote as follows: Commissioner Mercer - Yea Commissioner Smith - Yea Commissioner Farr - Naye Commissioner Thomas - Yea Mayor Smith - Yea On motion of CommissiOner Mercer, seconded by Commissioner Smith and carried, Ordinance No. 1768, entitled: AN.ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING CHAPTER 6 OF THE CITY CODE ENTITLED "BUILDINGS" BY ELIMINATING REFERENCE TO SPRINKLER EQUIPMENT AND SMOKE DETECTION DEVICES IN SUBSECTION 6-1.1 AND DELETING SUBSECTION 6-2, "FIRE DISTRICT NO. 2" IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and plaCed on first readinG. entitled: Commissioner Farr introduced and placed on first reading Ordinance No. 1769 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE BY CREATING ARTICLE XII TO ESTABLISH A YOUTH ADVISORY COMMITTEE, PROVIDING TERMS OF OFFICE AND DUTIES OF THE COMMITTEE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. and moved to amend the proposed ordinance to insert the word "youth" in front of the word "recreation" on page two, line five, to clarify the duties of the created committee. Seconded by Commissioner Mercer and carried. Commissioner Farr moved that the amended ordinance be approved and placed on first readinG. Seconded by Commissioner Thomas and carried. The City Attorney advised that the appointment of members should wait until after final adoption of the ordinance. A public hearing was held in accordance with Notice published in Evening Herald on June 13, 20, 27, and July 4, 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 July 8, 1985, to consider the adoption of an ordinance by the City of Sanford Florida as follows: ' ' MINUTES City Commission, Sanford, Florida ORDINANCE NO. 1761 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 S. R. 46 (WEST FIRST STREET) AND NARCISSUS AVENUE AND WEST OF AND ABUTTING TERWILLIGER LANE; 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. 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 County, Florida, having certified that there are five property 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 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, ~m~ .it~ in the best interest of the City to accept said petition and to annex said property. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That the property described below situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanf°rd, Florida, voluntary annexation provisions of Section Statutes: pursuant to the 171.044, Florida Section 26, Township 19 South, Range 30 East, Begin on North line of St. Gertrude Avenue 71.97 chains West of East line of Holly Avenue, run West 10 chains North 10 chains East 154 feet North 807 feet East 501 feet South to Beginning, Public Records of Seminole County, Florida. 113 July 8: 1985 114 MINUTES City Commission, Sanford, Florida · July 19 85 tive, the described privileges SECTION 2: That upon this ordinance becoming effec- 'property owners and any resident on the property herein shall be entitled 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: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitu- 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 in conflict herewith be and the same are hereby revoked. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. 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: June 13~ 20. 27 and July 4, 1985. Ordinance No. 1761, entmtled: 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 S. R. 46 (WEST FIRST STREET) AND NARCISSUS AVENUE AND WEST OF AND ABUTTING TERWILLIGER LANE; 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 June 10, 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 ordinance. appeared. No one Commissioner Farr moved on the passage and adoption of Ordinance No. 1761. MINUTES City Commission, Sanford, Florida July 8, 19 85 Seconded by Commissioner Smith and carried. A public hearing was held in accordance with Notice published in the Evening Herald on June 13, 20, 27, and July 4, 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 July 8, 1985, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1762 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 BETWEEN C. R. 46-A AND THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND BETWEEN UPSALA ROAD AND JEWETT ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.O44, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CON- FLICTS AND EFFECTIVE DATE. WHEREAS, there has been filed with the City Clerk of the City of Sanford, Florida, 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, land requesting to be included therein; and WHEREAS, the Property APpraiser of Seminole County, Florida, having certified that there are four property 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 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 IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: 116 · MINUTES City Commission, Sanford, SECTION 1: That the property described below situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanford, Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes: Block 4 (Less beginning of the Northwest Corner thereof, run thence Easterly along North line of said block to the Northeast Corner, thence Southerly along the East line thereof 500 feet, thence Northwesterly to a point on the West line of said block 115 feet South of the Northwest Corner, thence run North along the West line to a point of beginning), Blocks 5, 6 and part of Block 7 lying North Seaboard Coastline Railroad, all of M. M. Smith's Subdivision according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Seminole County, Florida; Lots 30, 33, 34, 35, 36, 46, 47, 48, 49, 50, 51, and the North 1/2 of Lot 45, of M. M. Smith's Third Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 86 of the Public Records of Seminole County, Florida; That part of the NE 1/4 of Section 33, Township 19 South, Range 30 East, lying North and East of New Upsala Road and North of Seaboard Coastline Railroad, together with all interest in platted streets, rights of way or easements. SECTION 2: That upon this ordinance becoming effec- tire, the property owners and any resident on the property described herein shall 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 residence or ownership as may from time to time be determined by the governing authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitu- tional, it shall not be held to impair the validity, force or MINUTES City Commission, Sanford, Florida 117 July 8,_19 J~5 l ,ffect of any other section or part of this ordinance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. Ail parties in interest and citizens shall have an opportunity to be heard at said hearin9. 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 June 13, 20, 27 and July 4, 1985. Ordinance No. 1762, 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 BETWEEN C. R. 46-A AND THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND BETWEEN UPSALA ROAD AND JEWETT ROAD; 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 June 10, 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 ordinance. No one appeared. Commissioner Mercer moved on the passage of Ordinance No. Commissioner Thomas and carried. 1762. Seconded by 118 MINUTES City Commission, Sanford, Florida Juqy 8, 19 85 A public hearing was held in accordance with Notice published in the Evening Herald on June 28, 1985, as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD0 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 8, 1985, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1764 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF DESOTO DRIVE LYING AT THE SOUTHWEST CORNER OF THE INTERSECTION OF ORLANDO DRIVE (U. S. 17 & 92) AND DESOTO DRIVE, RESERVING A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. All parties'in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. 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 Clerk Ordinance No. 1764, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF DESOTO DRIVE LYING AT THE SOUTHWEST~.CORNER OF THE INTERSECTION OF ORLANDO DRIVE (U. S. 17 & 92) AND DESOTO DRIVE, RESERVING A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at the meeting of June 24, 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 ordinance. No one appeared. Commissioner Farr moved on the passage and adoption of Ordinance No. 1764. Commissioner Smith seconded and carried. A public hearing was held in accordance with Notice published in the Evening Herald on June 28, 1985, as follows: MINUTES City Commission, Sanford, Florida 119 July 8: 19 85_ 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 8, 1985, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1765 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT PORTION OF FOURTH STREET LYING BETWEEN POPLAR AVENUE AND THE SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY, RESERVING A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. 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 Clerk Ordinance No. 1765, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT PORTION OF FOURTH STREET LYING BETWEEN POPLAR AVENUE AND THE SEABOARD COASTLINE RAILROAD RIGHT-OF- WAY, RESERVING A UTILITY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed into first reading at the meeting of June 24, 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 ordinance. No one appeared. 1765. Commissioner Farr moved on the passage and adoption and passage of Ordinance No. Seconded by Commissioner Smith and carried. A public hearing was held in accordance with Notice published in the Evening Herald on June 28, 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 July 8, 1985, to consider the adoption of an ordinance by the City of Sanford0 Florida, title of which is as follows: ORDINANCE NO. 1766 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT LYING BETWEEN GROVEWOOD AVENUE AND THE FLORIDA POWER COMPANY EASEMENT; PROVIDING FOR SEVERABILITY. 120 MINUTES City Commission, Sanford, Florida July 8, 19 85 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) ~,-'~. N. Tafnm, Jr. City Clerk Ordinance No. 1766, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF A UTILITY EASEMENT LYNG BETWEEN GROVEWOOD AVENUE AND THE FLORIDA POWER COMPANY EASEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at the meeting of June 24, 1985, was next placed on final reading. After being read by title, the Chairman announced the Commission would hear from all persons present in favor of, or opposed to, the proposed ordinance. No one appeared. Commissioner Farr moved on the passage and adoption of Ordinance No. Seconded by Commissioner Smith and carried. Salary reclassifiCations for twelve employees were considered, as follows: 1766. SALARY RECLASSIFICATIONS for City Commission approvals July 8, 1985 Guy Brewster Jan Henry Ed Manning Lloyd Wall June Strine Gracy L. Posley Greg C. Lemieux Terry D. Henry Howard Jeffries James W. Reynolds Linda Lou Tucker Michael P. Horn '~Uniform/ Police Officer '~vParks & Recreation/Maint. Worker I NPolice Adm/ Custodial Worker NPlants/Utility Plant Opt. Asst City Mgr's Office/Sec. I Assr City Mgr's Office/Sec. I WFire/Firefighter ~Fire/Firefighter WParks & Recreation/Parks Supt. Water Dist/Maint Worker I Parks & Recreation/~dmin Aide Utility Adm/Cust. Serv. Rep. E to F $21,327.36 E to F $13,605.14 D to E $12,794.59 E to F $19,257.42 E to F $15,590.18 E to F $15,590.18 E to F $22,829.56 E to F $22,829.56 E to F $23,396.72 E to F $13,605.14 E to F $19,842.75 C to D $12,682.61 Salary Reclassifications -- all in arade on~ v~ar. MINUTES 121 City Commission, Sanford, Florida July 8._ 19 85 On motion of Commissioner Thomas, seconded by Commissioner Fart and carried, same were approved. On motion of Commissioner Smith, seconded by Commissioner Mercer and carried, minutes of the June 24, 1985 4:00 o'clock and 7:00 o'clock meetings, and the July 1, 1985 were approved. Commissioner Mercer moved to reappoint Leroy Robb to the Central Examining Board for a two year term to expire in April, 1987. Seconded by Commissioner Smith and carried. On motion of Commissioner Fart, seconded by Commissioner Smith and carried, Vouchers for the Month of June, 1985 were approved as follows: VOUCHERS FOR THE MONTH OF JUNE, 1985 General Fund, Sun Bank, N.A., Voucher No. 104 thru 112. Refuse Collection & Disposal Fund, Sun Bank, N.A., Voucher No. 065 thru 069. Water and Sewer Revenue Fund, Sun Bank, N.A., Voucher No. 070 thru 075. Policemen's Pension Fund, Sun Bank, N.A., Voucher No. 645. Firemen's Relief and Pension Fund, Sun Bank, N.A., Voucher No. 462. Central Paying Account, Sun Bank, N.A., Voucher No. 3991 thru 4418. Utility Trust Fund, Sun Bank, N.A., Voucher No. 163 thru 166. Renewal & Replacement Reserve Trust Fund, Sun Bank, N. A., Voucher No. 263 thru 267. Public Projects Fund, Sun Bank, N. A., Voucher No. 94 thru 95. A letter of commendation for Captain Charles Fagan, Sanford Police Department, was ed from Felix Jimenex, Resident Agent-in-Charge of the Orlando Resident Office of the United States' Drug Enforcement Task Force. W. E. Knowles next appeared to submit a request from the Horne Properties, Inc. to consider vacating and abandoning a portion of Americana Boulevard lying East of Orlando Drive and between the Easterly extensiong of Lake Mary Boulevard and Airport BOulevard. The petitioner is offering an alternate portion of land for the Right-of-Way. A proposed agreement was presented, and the City Attorney advised that it is in proper legal form. Mr. Knowles noted that the new right-of-way would allow north access to the Carriage Cove subdivision, and that the Wall Mart developers have agreed to re-locate the sewer force main. Commissioner Smith moved to authorize the advertising. Seconded by Commissioner Fart MINUTES City Commission, Sanford. Florida July 8, _ 19 235 and carried. Mayor Smith abstained from the vote because of conflict of interest. Consideration of a request to obtain additional grants for housing was referred to the new chairman of the Seminole Housing Authority. The City Manager submitted a tabulation of bids for material for Academy Manor Park as follows: TO: FROM: SUBJECT: MEMORANDUM July 8, 1985 City Commission City Manager Bid Tabulations: #84/85-34; #84/85-35; #84/85-36 Academy Manor Park Attached are the bid tabulations for Academy Manor Park. $ 64,400 has been allocated for the above referenced bid items for Academy Manor Park. Listed below is the breakdown of costs per bid: Chain Link Fencing Parking Lot & Paving Recreational Equipment Bid # 84/85-34 Bid # 84/85-35 Bid # 84/85-36 TOTAL EXPENDITURES $ 9,291.25 24,430.93 15,288.24 $ 49,0.10.42 On recommendation of the City Manager, Commissioner Smith moved to authorize acceptance of the low bids. Seconded by Commissioner Mercer and carried. The Commission authorized letters to be sent to owners of property in the downtown area affected by the change to single-family from multi-family, that the deadline for compliance is approaching. ~ , Commissioner Mercer moved to authorize half of the revenue from open space fees from the developement at French Avenue and Seminole Boulevard be earmarked for implementing FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME--FiRST NAME--MIDDLE NAME Smith; Bettye D. MAILING ADDRESS 103 Country P]ac~ Sanford, DATE ON WHICH VOTE OCCURRED July 8, 1985 COUNTY . Seminole NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMilTEE City .Commission THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH i SERVE IS A UNIT OF: CITY Iq COUNTY I::) OTHER LOCAL AGENCY I-I STATE NAME OF POLIII1CAL SUBDIVISION OR STATE AGENCY .City of Sanofrd, Florida ' ' WHO MUST FILE FORM 4 This form is for usc by any persOniScrvi~g on either an ap'poimed or elected board, council commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As thc voting conflict requirements for public officers at thc local level differ from the 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 f'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 localpublic 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 the 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 the 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 this part must be made. I, the undersigned local public officer, hereby disclose that on. . July 8 ,19 85 : (a) ! abstained from voting on a matter which (check one): X inured to my special private gain; or inured to my husband's private gain. inured to the special gain of . · by whom i am retained. CE FORM 4 - REV. 10-84 PAGE I (b) The measure on which I abstained and the nature of my interest in the measure is a~ follows: My husband and I own property on the proposed vacating of Americana Boulevard. .,. Signatu~ Please see PART C for instructions on when and where to file this form. PART. B VOTING CONFLICT DI$CLO$0RE FOR STATE OFFICERS [Required by Section il2.3143(2), Florida Statutes (Supp. 191M).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on. ,19 __: (a) I voted on a matter which (check one): .... inured to my special private gain; or , , inured to the special gain of · by whom ! am retained. (b) The measure on which I voted 'and the nature of my interest in the measure is as follows: . Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTI;IUCTION$ This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording thc minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be fried merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317(!~3), A FAILURE TO MAKE ANY REQUIRED DIsCLoSURE CONSTITUTES GROUNDS FOR AND MAY SE PUNISHED aY. 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. MINUTES City Commission, Sanford, Florida July R~ 19 85- plans to be submitted from the Scenic Improvement Board for irrigation and planting at the City Hall, through Mr. Faison's office and approved by the Commission. Seconded by Commissioner Fart and carried. Commissioner Mercer requested staff attendance at the County's meeting with Jungle Lab on hazardous waste. There being no further business, the meeting was adjourned. MAY O R ATTEST: CITY CLERK