030987-Regular Session232
MINUTES
City Commission, Sanford, Florida
March 9,
19 87
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 March 9, 1987.
Present: Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner John Y. Mercer
Commissioner Bob Thomas
Commissioner A. A. McClanahan
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.
A Public Hearing was held in accordance with Notice published in the Evening
Herald on February 23, 1987, as follows:
NOTICE OF PROCEEDING FOR CLOSING, VACATING AND
ABANDONING UTILITY EASEMENTS
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 March 9, 1987, 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 North/South utility easement and an East/West utility
easement lying between West 24th Street and West 25th Street and
lying between vacated Georgia Avenue and Hartwell Avenue, further
described as follows:
That certain 14' North/South utility easement lying along the
Easterly 7' of Lots 1 through 10, and also lying along the
Westerly 7' of Lots 11 through 20, Block 2, Third Section,
DREAMWOLD, Plat Book 4, Page 70, Public Records of Seminole
County, Florida.
and
That certain 14' North/South utility easement lying along the
Easterly 7' of Lots 3 through 10, and also lying along the
Westerly 7' of Lots 11 through 18, Block 1, Third Section,
DREAMWOLD, Plat Book 4, Page 70, Public Records of Seminole
County, Florida.
and
That certain 14' East/West utility easement lying along the
Northerly 14' of Lots 1, 2, 19 and 20, Block 1, Third Section,
DREAMWOLD, Plat Book 4, Page 70, Public Records of Seminole
County, Florida.
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: February 23, 1987.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed closings.
The City Manager submitted a memorandum from the Director of Engineering and
Planning as follows:
MEMORANDUM FEBRUARY 5, 1987
MINUTES
City Commission, Sanford, Florida
March 9,
Ir
233
TO:
VIA:
FROM:
SUBJECT:
City Attorney
City Manager
Director of Engineering and Planning
Utility Easement Vacating, Section 3 Dreamwold Subdivision
Bill-
City Commission recently vacated Georgia Avenue right-of-way
between 25th Street and 24th Street and 24th Place right-of-way
between Hartwell Avenue and Georgia Avenue as a part of a construction
project to develop an apartment complex utilizing all of blocks 1 and
2 of Section 3, Dreamwold Subdivision. It has come to my attention
that the platted utility easements within these two blocks also
require vacating to facilitate the planned construction. (These
easemetns are marked on the attached copy of a part of the plat.)
Retention of the existing, marked utility easements within blocks
1 and 2 is considered neither necessary nor desirable in light of the
planned construction, whereby the individual lots will not be
utilized. It is requested that an ordinance be prepared to vacate
these utility easements.
It should be pointed out that in vacating Georgia Avenue right-
of-way a 15-foot utility easement was retained along the east side of
the right-of-way between 24th Street and 25th Street. This easement
within the vacated Georgia Avenue right-of-way is to be retained.
Bill Simmons, Director of Engineering and Planning, reported the City had
previously vacated the Right-of-Way of Georgia Avenue and West 24th Place, and needs to
vacate the easements in order to giv~ Mr. Kantor, the owner, clear title to the property
that he plans to develop.
Commissioner Mercer moved to authorize the City Attorney to prepare the proper
ordinance to close, vacate and abandon said utility easements. Seconded by Commissioner
Thomas and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
On motion of Commissioner Mercer, seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1860, entitled:
ORDINANCE NO. 1860
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING A
NORTH/SOUTH UTILITY EASEMENT AND AN EAST/WEST
UTILITY EASEMENT LYING BETWEEN WEST 24TH
STREET AND WEST 25TH STREET AND LYING BETWEEN
VACATED GEORGIA AVENUE AND HARTWELL AVENUE;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading.
The City Manager submitted a letter, dated March 6, 1987, from the City Attorney
as follows:
19 87
234
.... MINUTES
City Commission. Sanford, Florida
Stenstrom.. Mclntosh. Julian, Oolber[ [- 'high m, F.
.~_ttornevs and Oounsellors at Laxv
Dottgtas Stenstrom t~enneth %~. Mclntosh NedN. Julian,
%~illiam L. Colbert Yr-ank C.%rhigham Cta~lon D. Simmons
Thomas 12.%'higham Robert K. Mclntosh
Suite 22 San Bank
Post OIT~ce 13ox1330 Sanford, l~lorida 32~2-1330 (305)32'2-2171
March 6, 1987
Frank A._ Faison, City Manager
City of Sanford, Florida
Sanford City Hall
Post Office Box 1778
Sanford, Florida 32772-1773
RE: Annexation: Barbour & Conway Parcels
Dear Frank:
This will confirm our conference in my office last
concerning the potential Barbour and Conway annexations.
Tuesday
I believe that the annexation of the Barbour parcel would create
an enclave to the East and Southeast. i therefore dc not
recommend its annexation a5 this time.
The annexation of 5he Conway parcel would not create a classic
enclave. However, it may be argued that the lots remaining on
the West and South forms a "finger area in serpentine patterns"
and is therefore not "compact".
I uhde~stand that the staff feels it is a parcel essential ~o
future growth. If it is .challenged, we can counter the2 access
via Airpor2 Boulevard and Jewett Lane is not impaired in any way
by the annexation' and let the courts decide. Z canno% guarantee
the outcome.
if you have questions, please cai!.
STENSTROM, McINTOSH, JULIAN,
COLBERT '& WHIGHAM, P. A.
William L. Colbert
WLC/!ss
The Commission next considered a Petition' for Annexation, tabled from the Meeting
of Febru-ary 2B, 1987, submitted from James Marler, Marion D. Conway, Alva L. Conway, Cecil
I. Coop~:r', Jr., Ruth D. Cooper, and Bryan S. Seigler for a-portion of that certain property
lying between 'Airport Boulevard' and' Bevier Road and lying between West Third Street and
~¢k
Jewett Lane, more particularly described as follows:
Ail of Lot D; and Lot 1, Lot 2, and the North 1/2 of Lot 3, 'and the
South 1/2 of Lot 6, and all of Lot 7, all of Lot 8, and the N~rth 1/2
of Lot 9, WEST HAVEN SUBDIVISION, according to the plat thereof as
recorded in Plat Book 11, Page 92, Public Records of Seminole County,
Florida.
The City Manager reported that no comments and/or objections had been received
from the County. On recommendation of the City Manager, Commissioner McClanahan moved to
authorize the City Attorney to prepare the proper ordinance to annex said property.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
MINUTES
City Commission, Sanford, Florida
March 9,
235
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The Commission next considered a Petition for Annexation, tabled from the Meeting
of February 23, 1987, submitted from Robert N. Barbour, Bernard C. Barbour, Shirley M.
Barbour, Mary Jane F. Barbour, and Sherwood E. Barbour, Jr. for a portion of that certain
property lying at the Northwest corner of the intersection of Jewett Lane and Meisch Road,
more particularly described as follows:
Block 29, M. M. SMITH'S SUBDIVISION, as recorded in Plat Book 1, page
55, of the Public Records of Seminole County, Florida.
The City Manager reported that no comments and/or objections had been received
from the County. On recommendation of the City Attorney and the City Manager, Commissioner
Mercer moved to deny said request for annexation until such time as additional property
owners join in the annexation request. Seconded by Commissioner Thomas and carried by the
vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas'
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The City Manager submitted a letter, dated February 23, 1987, from Carl R.
Schilke, President of Harcar AluminUm Products Company, as follows:
NA CA
February 23, 191~7
The City of Sanford
City Hall
Sanford, Florida
Attention: Frank A. raison
City Manager
Dear Mr. Falson:
I attach a copy of the lease agreement that exists between the City
of Sanford and Hercar Aluminum Products Co that covers the well-field
property of the City known as Well #~.
Paragraph 2 of subject lease provlces that
Tenant shall not assign, transfer, mortgage, pledge or sublease
said premises or any Dart thereof without the express wr'tten
approval and consent of the Owner.
The purpose of this letter is to sollcit the exvress written
approval and con-sent o{ the City that the City will, at such time
as the sale of the Harcar property at 17-92 is concluded, transfer
the )eas~ to the buyer, who is:
~r. Edward Meixsell
Box 1273
Longwood, Florida 32750
If you have any questions, p)ease call me.
Very l:rdly yours,
Harcar Aluminum Products Co
Pres i dent.
HARCAR" 1201 CORNWALL ROAD "' SANFORD, FLORIDA 32771-5898 '~ (305) 32,2-551D
19 87
"236 MINUTES
City Commission, Sanford, Florida
March 9,
19 87
Mr. Schilke appeared to answer any inquires.
On recommendation of the City Manager, Commissioner McClanahan moved to authorize
the Mayor to execute the transfer of lease to Edward Meixsell, and to table Mr. Schilke's
request to predetermine lease prices/rates to 1995.
carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Seconded by Commissioner Thomas and
Yea
Yea
Yea
Yea
Yea
On motion of CommissiOner Mercer, seconded by Commissioner McClanahan and carried
by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Resolution No. 1474 was read and adopted.
follows:
Yea
Yea
Yea
Yea
Yea
Said resolution being in words and figures as
RESOLUTION NO. 1474
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
REGARDING COMMENTS TO THE COMPREHENSIVE
REGIONAL POLICY PLAN.
WHEREAS, the City of Sanford, Florida, recognizes that the
Draft Comprehensive Regional Policy Plan reflects a positive approach
and necessary component to growth management for East Central Florida;
and
· WHEREAS, the City of Sanford, Florida strongly supports
the intent and purpose of the Draft Comprehensive Regional Policy Plan
regarding the efficient utilization of existing public infrastructure;
and
WHEREAS, the City of Sanford's City Planner has reviewed
the Draft Comprehensive Regional Policy Plan and submitted comments to
the Executive Director of the East Central Florida Regional Planning
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY
OF SANFORD, FLORIDA:
1. That the Mayor and City Commission of the City of
Sanford, Florida endorse the City Planner's review of the
Comprehensive Regional Policy Plan.
2. That the Mayor and City Commission of the City of
Sanford, Florida express cautious optimism that local plans will be
reviewed on the basis of intent, rather than literal consistency with
the Comprehensive Regional Policy Plan.
3. That the Mayor and City Commission of the City of
Sanford, Florida request that the Comprehensive Regional Policy Plan
be formatted to provide local governments with a clear understanding
MINUTES
City Commission, Sanford, Florida
March 9,
237
19 87
of policies applicable to local plan consistency.
PASSED AND ADOPTED this 9th day of March, A.D. 1987.
Commissioner McClanahan moved to accept with regret the resignation of Anne A.
Wallace from the Future Growth Advisory Committee, to authorize a letter of appreciation to
Ms. Wallace, and to table consideration of a replacement on the committee. Seconded by
Commissioner Thomas and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Naye
Yea
Yea
Yea
The City Clerk submitted a letter from Elliott L. Smith, Executive Director of the
Sanford Housing Authority, reporting the term of Commissioner Velma Williams expires May 20,
1987.
The Commission requested recommendations from the Human Relations Advisory Board,
regarding the expired terms of Mrs. Altermese S. Bentley, Turner Clayton, Jr., Storm
Richards, Reverend Paul Murphy, and Rita Adams.
The Commission requested the Future Growth Advisory Board be invited to a Workshop
Session to discuss the future of the Board, and the expired terms of Herbert Cherry, Mack
LaZenby, and Bob McKee, and the other vacancies on their Board.
The Commission next considered the expired terms of Ruth G. Lee and Juanita C.
Mercer on the Scenic Improvement Board.
Commissioner McClanahan moved to authorize letters of appreciation for Ruth G. Lee
and Juanita C. Mercer, and to appoint Martha Yancey to the Scenic Improvement Board for a
term to expire January 31, 1990. Seconded by Commissioner Thomas and carried by the vote of
the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner Thomas moved to appoint Eliza Pringle to the Scenic Improvement Board
for a term to expire January 31, 1990. Seconded by Commissioner McClanahan and carried by
the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The Commission requested recommendations from the Youth Advisory Board to fill two
vacancies.
On motion of Commissioner Thomas, seconded by Commissioner McClanahan and carried
by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1857, entitled:
ORDINANCE NO. 1857
238
MINUTES
CiW Commission, San~rd, Flofida
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 AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF VACATED SEABOARD COASTLINE
RAILROAD RIGHT-OF-WAY AND UPSALA 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.
March 9,
19 87
was introduced and placed on first reading.
On motion of Commissioner Mercer, seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1858, entitled:
ORDINANCE NO. 1858
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 EAST OF AND ABUTTING S. R. 17
& 92 AND LYING BETWEEN COLLINS DRIVE AND FLEA
WORLD; 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 February 26, 1987, 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 in the
Commission Room at the City Hall in the City of Sanford, Florida,
at 7:00 o'clock P. M. on March 9, 1987, to consider the adoption
of an ordinance by the City of Sanford, Florida, title of which is
as follows:
ORDINANCE NO. 1856
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
ESTABLISHING A SIX-MONTH MORATORIUM ON ALL
TRANSPORTATION IMPACT FEES; ESTABLISHING A
TRANSPORTATION IMPACT FEE STUDY; PROVIDING
FOR SEVERABILITY, CONFLICTS AND EFFECTIVE AND
TERMINATION 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)
MINUTES
City Commission, Sanford, Florida
Publish: February 26, 1987.
March 9,
239
H. N. Tamm, Jr.
City Clerk
introduced and placed on first reading at meeting of March 9, 1987 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. 1857.
The City Manager submitted a memorandum for the Director of Engineering and
Planning as follows:
MEMORANDUM
TO:
FROM:
SUBJECT:
MARCH 2, 1987
City Manager
Director of Engineering and Planning
Transportation Impact Fee Moratorium Ordinance
19 87
Mr. Faison:
First reading was conducted on February 23 for a proposed City of
Sanford Transportation Impact Fee Moratorium, to be in effect for a
period of 6-months, following adoption.
My memorandum of February 25, 1987 summarizes matters discussed
at a Board of County Commissioners Transportation Impact Fee Workshop
Meeting on February 24. This meeting has been continued to March 10,
1987, because of lengthy discussions. As a result of that meeting I
still see major problems which I do not anticipate can be resolved in
the near term. These problems are both technical, having to do with
underlying data and study assumptions, and procedural regarding how
the fee will be administered.
Montye Beamer's letter of February 19, 1987 responds to a general
memorandum of November 20, 1986 from Jay Marder regarding many of our
concerns. The letter does not really show any significant movement by
the County toward accommodating the concerns raised. The nearly 3-
month delay in response does not lead me to anticipate a quick
resolution (before March 24) of remaining problems. Although there is
a joint meeting of "elected officials" scheduled on March 18 I
anticipate no significant resolution of "technical issues" at that
forum.
The proposed Transportation Impact Fee Ordinance and underlying
study/data have been developed without signigicant input or participa-
tion from Sanford. The proposed Municipal Road Impact Fee Advisory
Committee, now included in the draft Ordinance, is a small step in the
right direction but falls far short of according the cities real
partnership participation in the studies and the fee determination/im-
plementation. To achieve a real measure of partnership, the charter
of the proposed Advisory Committee should be significantly expanded
and its role, responsibilities, and relationship to the Board of
County Commissioners spelled out in significantly greater detail. In
short, the Ordinance should give this Committee a real input to the
Board of County Commissioners with the Board committing themselves to
serious consideration of recommendations from the Advisory Committee.
As a separate issue the precedure for fee payment deferral past
issuance of a "shell only" certificate of occupancy needs to be
closely reviewed to insure against the possibility of a developer
passing the impact fee payment responsibility to the first tenant in
new commercial space.
In view of the foregoing I recommend that City Commission move
forward with second reading and adoption of the moratorium ordinance
on March 9, in order to assure that it is in place prior to adoption
of the County ordinance, scheduled for March 24.
Montye Beamer, Seminole County Assistant County Administrator, appeared to report
the Board of County Commissioners, at their February 24, 1987 Work Session, directed Bob
Nabors, Impact Fee legal counsel, to change certain language in their Road Impact Fee
Ordinance, including a ninety (90) day extension from the effective date of the ordinance
for its implementation within municipalities, giving the County and the seven cities time to
240
MINUTES
City Commission, Sanford, Florida
March 9,
19 87
resolve their differences and address other concerns. Ms. Beamer reminded the Commission of
a joint cities-county meeting on March 18, 1987 at 7:00 P.M. at the Agricultural Auditorium
where its road impact fee ordinance and supporting study will be the major focus of
discussion. Because of the Board of County Commissioner's direction relating to the changes
in the ordinance, the establishment of the impact fee municipal review committee, and the
joint meeting, Ms. Beamer requested the City Commission delay the second hearing of
Ordinance No. 1856.
Roger Neiswender, Chairman of the Seminole County Impact Fee Review Committee,
appeared to support Ms. Beamer's request for the delay of the second reading of Ordinance
No. 1856.
Commissioner Mercer moved to table the Public Hearing to consider Second Reading
and adoption of Ordinance No. 1856 until March 23, 1987. Seconded by Commissioner
McClanahan and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Naye
Yea
Yea
On motion of Commissioner Mercer, seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Vouchers for the Month of February, 1987 were approved as follows:
General Fund, Sun Bank, N.A., Voucher No. 273 thru 281.
Refuse Collection & Disposal Fund, Sun Bank, N.A., Voucher No. 180 thru 183.
Water and Sewer Revenue Fund, Sun Bank, N.A., Voucher No. 213 thru 216.
Policemen's Pension Fund, Sun Bank, N.A., Voucher No. 670.
Firemen's Relief and Pension Fund, Sun Bank, N.A., Voucher No. 488.
Central Paying Account, Sun Bank, N.A., Voucher No. 14899 thru 15518.
Utility Trust Fund, Sun Bank, N.A., Voucher No. 223 and 224.
Water and Sewer Construction Trust Fund, Sun Bank, N.A., Voucher No. 12 and 13.
Local Option Gas Tax, Sun Bank, N.A., Voucher No. 5 and 6.
Commissioner Thomas moved to approve the Minutes of February 16, 1987.
by Commissioner Mercer and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Seconded
The City Clerk reported no recommendations were submitted from the Planning and
Zoning Commission for their meeting of February 19, 1987.
The City Clerk submitted Amended Rules and Regulations and Procedures adopted by
the Code Enforcement Board on February 10, 1987.
The City Manager submitted a memorandum from the Director of Engineering and
Planning as follows:
MINUTES
City Commission, Sanford, Florida
March 9,
24t
MEMORANDUM
TO:
FROM:
SUBJECT:
FEBRUARY 25, 1987
City Manager
Director of Engineering and Planning
FEMA Revisions to Flood Prone Regulations, Requirement To
Amend City Ordinance To Implement
Mr. Faison:
My memorandum of January 7, 1987 forwarded to City Attorney via
City Manager a proposed revision to our City Code required by FEMA
revisions to flood prone regulations. A copy of this memorandum,
without draft ordinance is attached. Also attached is a copy of
Florida DCA letter of November 3, 1986 which indicates that our
amended ordinance is required to be adopted by April 1, 1987. It is
requested that this ordinance be placed on the City Commission agenda
for March 9 for first reading.
By copy of this memorandum, City Attorney is requested to
expedite preparation of the new ordinance in order to facilitate first
reading on March 9.
MEMORANDUM
TO:
VIA:
FROM:
SUBJECT:
JANUARY 7, 1987
Bill Colbert, City Attorney
City Manager
Director of Engineering and Planning
FEMA Revisions to Flood Prone Regulations, Draft City
Ordinance to Implement
Bill:
The attached DCA letter of November 3, 1986 forwarded a draf~
ordinance for implementation of the required new FEMA flood damage
prevention ordinance provisions. As we recently discussed, I am
forwarding herewith a marked up copy of the body of a proposed new
ordinance, to supersede our present ordinance of the same subject,
believed to be Ordinance No. 1374. (You indicated that there may be a
more recent ordinance dealing with this subject, also.)
I have reviewed this draft with the Building Official who is our
primary implementor and he has no problems with it. It is requested
that you put this ordinance into proper legal form for adoption.
Please advise when the ordinance draft will be near enough to
completion for us to schedule the public hearing.
On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Ordinance No. 1859, entitled:
ORDINANCE NO. 1859
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ARTICLE V OF CHAPTER 6 - BUILDINGS,
OF THE SANFORD CITY CODE, TO DELETE SECTIONS
6-67 THROUGH 6-77, AND TO PROVIDE NEW
SECTIONS FOR FLOOD DAMAGE PREVENTION;
PROVIDING STATUTORY AUTHORIZATION, FINDINGS
OF FACT, PURPOSE AND OBJECTIONS; PROVIDING
DEFINITIONS, GENERAL PROVISIONS AND
ADMINISTRATION; PROVIDING PROVISIONS FOR
FLOOD HAZARD REDUCTION; PROVIDING
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
On recommendation of Bill Simmons, Acting City Manager, Commissioner Mercer moved
19 87
242
MINUTES
City Commission, Sanford, Florida
March 9,
19__
87
to approve a request from the School Board of Seminole County to place mobile trailer signs
at three (3) locations from April 22 to April 29 to notify the public of the School Board's
KinderGarten ReGistration, and to waive the permit fee for the portable signs.
Commissioner Thomas and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The City ManaGer submitted a memorandum from the Director of Administrative
Services as follows:
MEMORANDUM March 6, 1987
Seconded by
TO:
FROM:
SUBJECT:
City ManaGer
Director of Administrative Services
Public Officials Liability Insurance Renewal
The Public Officials Liability Insurance expires March 16,
1987. The present carrier, National Casualty, did not elect
to renew the City's coverage, resultinG in quotes being
obtained from Florida Municipal Liability Self Insurers
ProGram and Scottsdale Insurance Company. Scottsdale
Insurance provides better coverage at a lower premium rate.
Rated A+XV by Best, the Scottsdale policy limits are
$1,000,000 each occurance/$1,000,000 annual aGGreGate, $7500
deductable each loss, includinG loss adjustment expense.
The annual premium is $7,920, a slight increase over last
year's premium, but significantly lower than two years ago.
It should be noted that this is a "per occurence" policy and
if not renewed in 1988, "tail" coverage will need to be
purchased at that time (March 1988) to provide for extended
coverage.
RECOMMENDATIONS
I recommend the followinG actions for your approval:
· Approval to obtain Public Liability Insurance
through Scottsdale Insurance Company at a cost of
$7,920.
· Authorize that $2,214 be moved from the
ContinGency Reserve, as these premium amounts
exceed the budgeted amount for this coverage.
On recommendation of the City Manager, Commissioner Thomas moved to approve the
purchase of the City's Public Liability Insurance through Scottsdale Insurance Company at a
cost of $7,920, and to authorize the transfer of $2,214.00 from ContinGency to cover the
increase in the premium amount budgeted. Seconded by Commissioner McClanahan and carried by
the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The City ManaGer submitted a memorandum as follows:
MEMORANDUM
February 27, 1987
TO:
MAYOR AND CITY COMMISSSION
FROM:
CITY MANAGER
RE:
PROPOSED POLICY FOR REMOVAL OF TREES FROM CITY STREET RIGHT-
OF-WAY/PARK STRIP
MINUTES
City Commission, Sanford, Florida
March 9,
243
19 87
Within the last few months the City has had several Arbor Permit
requests from property owners for removal of trees located in the
park-strip in front of their property. Without regard to who may have
originally planted the tree, it may be appropriate that the City
assert control of such trees since they are growing on street right-
of-way. If a tree is to be removed, it may be desirable that the City
remove it if the City has an alternative location for the tree.
It is recommended that the following policy and guidelines be adopted
for this matter:
The City asserts control of trees growing in the
park strip, or any other City owned land.
Any requests for removal of such trees received
under the Arbor Ordinance, will be reviewed first
for appropriateness of removal of the tree, and
secondly, to determine if the City has a need for
the specific tree and desires to remove it for use
elsewhere in the City.
It will then be determined whether or not
complicating conditions exist which mitigate
against the City relocating the tree. If such
conditions exist and removal of the tree is
considered appropriate, authorization will be
given, by Arbor'Permit, for removal to be arranged
by the owner of the adjacent property.
After discussion, the Commission authorized same to be discussed at a future
Workshop Session.
On recommendation of the City Manager, Commissioner Thomas moved to authorize
payment of statements as follows:
1. % Donald W. McIntosh Associates, Inc., Invoice No. 5707,
dated February 17, 1987, for surveying services for the
effluent irrigation system ........................... $ 9,400.00
2. ~ Jammal and Associates, Inc, for engineering and testing
services for the Sludge Handling Facility
Invoice No. 01-25037, dated February 25, 1987 ........ $
Invoice No. 01-25095, dated February 26, 1987 ........
$
3.~ Howard, Needles, Tammen and Bergendoff, Invoice No.
5-11159-11, dated February 26, 1987, for professional
engineering services performed on the Downtown Parking
and Traffic Circulation Study ........................ $
157.00
250.00
407.00
375.00
4. % Southern Resources Mapping CorPoration, Invoice No.
3016, dated March 2, 1987, for effluent distribution
piping systems survey work ........................... $13,090.00
Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The City Manager submitted a memorandum as follows:
MEMORANDUM
March 3, 1987
TO:
MAYOR AND CITY COMMISSION
FROM:
CITY MANAGER
RE:
ALFRED F. GREENE, SR.
VS.
MAYFAIR GOLF COURSE AND CITY OF SANFORD
Please be advised that the City has been served a summons (to the
Mayor) and made a part of the dispute between Greene and the golf
course.
MINUTE S
City Commission, Sanford, Florida
March 9,
19 87
e
Since the cause of the dispute as well as the remedy rests
entirely with the lease holder and operator of the golf course, I
have directed the City Attorney to represent the City and to
attempt to have the City dismissed as a party to the suit.
It is recommended that the City Commission confirm the action of
the City Manager by motion, for the record.
Commissioner McClanahan moved to instruct the City Attorney to have the City
dismissed as a party to the suit by Alfred F. Greene, Sr. against Mayfair Country Club and
the City of Sanford, confirming the City Manager's actions. Seconded by Commissioner Thomas
and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The City. Manager submitted a letter, dated March 5, 1987, from the City Attorney
as follows:
Stenstrom. Mclntosh. Julian. Colbert Whigham, E 2.
,kgtornevs and Counsellors at Law
Dou~as Stens~rom Renneth %: Mclntosh 'Ned X. Julian, Jr
%Villiam L. Colbert l~rank C.%'higham Cia?ton D. Simmons
Thomas 5Whigh~m Robert K. Mclntosh
Suite 29_ Stm Bank
Fos% OITxce Box 1330 Sanford, I~torida 32~2-1330 (305) 322-21'/1
March 5, 1987
Frank A. Faison, City Manager
City of Sanford, Florida
Sanford City Hall
Post Office Box 1778
Sanford, Florida 32772-1778
Dear Frank:
I am pleased to advise you that the City of Sanford has been
dismissed' as a party defendant in the case filed by Alfred F.
Greene, Sr. against Seminole Club, Inc, d/b/a Mayfair Country
Club.
As we discussed when the case was filed, staying in the
litigation might have some appeal at first glance, but my concern
has been with the legal precedent that would be established if
the City was a parry to an injunction based on the actions of one
of its leasehoiders. If someone was refused a room at the
Holiday Inn, prohibited from cruising the river on the "Romance",
or denied admission to one of the baseball schools at MUnicipal
S~tadium, and alleged it was on the basis of age, sex, race, or
physical handicap, the City would not want to be a parBy to that
litigation either. The position taken in this case preserves the
City's posture in the event of future litigation in these areas.
This is the second suit recently dismissed in the early stages of
litigation, the other one being ~he suit filed, by Grady Duncan
last November. You will recall Mr. Duncan filed suit on the
basis of the Commission's denial of non-conforming usC status on
property owned by him. That case, too, did not proceed pas~ the
first hearing.
We are closing our file ~n this matter.
Sincerely,
'STENSTROM, McINTOSH, JULIAN,
CO~~AM, P. A.
Wil!'i~m _. Colber5
VLC / ! s s
MINUTES
City CommiSsion, Sanford, Florida
March 9,
245
19 87
The City Manager submitted a memorandum from the Director of Engineering and
Planning as follows:
MEMORANDUM
MARCH 2, 1987
TO:
FROM:
SUBJECT --
City Manager
Director of Engineering and PlanninG
Sewer System Rehabilitation Contracts
Mr. Faison:
Resolutions No. 1468 and 1470 conditionally accepted bids from
DeWitt Excavating, Inc. and Interstate Pipe Maintenance, Inc.,
respectively, for sewer system rehabilitation contracts. Final
acceptance and award of these contracts was to be subject to the
following conditions:
ae
The bid award must be approved by Florida Department of
Environmental Regulation, Bureau of Wastewater Management
and Grants.
The contractor must execute all required certifications,
documentation, and provide all information and submittals
set forth in the contract documents or required by the
funding state agency.
Ce
Satisfactory investigation as to the contractor's references
and qualifications be made.
d. Funds available.
It was indicated on January 26 prior to adoption of these reolutions
that the matter would again be brought to City Commission prior to
actual contract award.
We are approaching the end of the 90-day period for which the
bids are valid. (Bids were opened on December 17, 1986.) We have
received copies of approval letters from EPA addressed to DER, and
expect DER approval for award of both of these contracts in the very
near future. It is therefore requested that this matter be placed on
the agenda for the March 9, 1987 meeting. I believe that a motion to
approve the awarding of these contracts will be sufficient, and that
another resolution is not required. This approval should be done on
March 9, even if we do not have final DER approval, conditioned upon
receipt of that approval as a prerequisite to signinG the award
documents. If not acted upon at the March 9 meeting, the next meetinG
on March 23 would be later than the end of the 90-day bid validity.
The proposed contracts are in the amount of $1,273,757.26 and
$424,560.00. Both projects will be grant eligible, at approximately
55%. Funds for the City's share of the cost are available from the
water/sewer bond proceeds trust fund.
The City ManaGer reported approval from DER had been received.
On recommendation of the City Manager, Commissioner Thomas moved to award the
Sewer System Rehabilitation Contracts to DeWitt ExcavatinG, Inc. and Interstate Pipe
Maintenance, Inc. in the amounts of $1,273,757.26 and $424,560.00 respectively, as
conditionally accepted January 26, 1987 in the adoption of Resolution Nos. 1468 and 1470.
Seconded by Commissioner Mercer and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
On recommendation of the City Manager, Commissioner Thomas moved to approve the
request from the Altamonte SprinGs Chapter of The Links, Inc. for an exempt license to hold
a carnival at the Sanford Plaza, March 24 through 28, 1987. Seconded by Commissioner
McClanahan and carried by the Vote of the Commission as follows:
2 4 6 MINUTES
City Commission, Sanford, Florida
Ma~zch 9:
19 87
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner Thomas moved to accept the audit for Fiscal Year Ending September 30,
1986, and to authorize final payment in the amount of $2,358.00 to Coopers and Lybrand, Inc.
Seconded by Commissioner Mercer and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
On recommendation of the Director of Recreation and Parks, Commissioner Mercer
moved to approve the request from Mr. Hulon Black to erect a cross in Memorial Park from
April 3, 1987 (Cross Erection Service) to April 19, 1987 (Easter Sunrise Service).
by Commissioner Thomas and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner Mercer moved to approved the Minutes of February 23, 1987, as
amended. Seconded by Commissioner Thomas and carried by the vote of the Commission as
Seconded
follows:
Meeting.
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner McClanahan moved to approved the Minutes of March 2, 1987, Special
Seconded by Commissioner Thomas and carried by the vote of the'Commission as
follows:
Session.
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner Thomas moved to approved the Minutes of March 2, 1987, Workshop
Seconded by Commissioner McClanahan and carried by the vote of the Commission as
follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The City Clerk submitted Recommendations from the Planning and Zoning Commission
Meeting of March 3, 1987 as follows:
MEMORANDUM
DATE:
March 6, 1987
TO:
VIA:
City Clerk
Director of Engineering and Planning
FROM:
RE:
Zoning Inspector
Planning and Zoning Meeting of March 3, 1987
MINUTES
City Commission, Sanford, Florida
March
247
RECOMMENDATIONS
Denied by a vote of 5 to 2 the conditional use for new and used
automobile and mobile homes sales and service at 301 Sanford
Avenue and 417 E. 3rd St. in a GC-2 zone. Greg Gazil,
representative for Joe Gazil, owner, stated that there would be
no servicing done at the location, only detail work. He agreed
that if mobile homes sales would be a problem, he would withdraw
the request for their sales. The whole block with the exception
of two lots is under the ownership of Lucky Investments, Mr.
Gazil's company. He would put a small office on part of the
property and cars on the rest of the 4 lots.
Mr. Martin, owner of one of the two out parcels said he would be
boxed in by a car lot, and he plans to build a commercial
building in the near future. Mr. Joe Gazil, Jr., leasee of the
grocery store on the property, wanted to be assured that he would
have access to 3rd Street Mr. Siskind, adjacent property owner
was concerned as to the type of operation that would be placed on
the property.
The motion to deny was based on staff's concerns regarding the
sales and display of automobiles in the immediate downtown area
and the inadequate size and dimensions of the site.
Unanimously recommended the approval of the ordinance to
establish a six month moratorium on all transportation impact
fees within the municipal limits of the City of Sanford, and to
establish a study for transportation impact fees.
Unanimously approved the use of Robert's Rules of Order for all
proceedings of the Planning and Zoning Commission.
The City Manager reported Johnnie Haddock, Superintendent of Refuse Division of
the Public Works Department, had received the Seminole County Chamber of Commerce award
"Public Servant of the Year" in recognition and appreciation for exceptional service in
developing the G.E.D. Program for the City.
Commissioner Mercer moved to instruct Staff to, as soon as the City gets an
architect's plan for the Cultural Arts Centers, negotiate on remodeling of the center with a
goal of keeping it under the $100,000.00 figure, and that anything under the $100,000.00
figure would be used towards a Senior Citizens Center.
carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Seconded by Commissioner Thomas and
Yea
Yea
Yea
Naye
Yea
On motion of Commissioner Thomas, seconded by Commissioner Mercer and carried by
the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Resolution No. 1475 was read and adOpted. Said resolution being in words and figures as
follows:
RESOLUTION NO. 1475
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
ADOPTING MARCH, 1987, AS "CLEAN UP - FIX UP
MONTH" IN THE CITY OF SANFORD, FLORIDA.
WHEREAS,
Florida, to maintain
healthy manner; and
it is the intent of the City
all public areas of the City in
of Sanford,
a clean and
19 87
248
MINUTES
City Commission, Sanford, Florida
March 9,
19 87
pr ivate
in
and
healthy
WHEREAS, the City urges its citizens to maintain their
property in a clean and healthy manner and to assist the City
maintaining the public areas of the City in a similar condition;
Ordinance No. 1861, entitled:
interest of the citizens of the City of sanford, Florida, to keep our
City clean.
NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY
OF SANFORD, FLORIDA:
SECTION 1: That the City of Sanford, Florida, adopts
March, 1987, as "Clean Up - Fix Up Month" in the City of Sanford,
Florida, and urges all of its civic groups, Scouts, organizations,
individuals and citizens to help maintain private and public areas of
the City in a clean and healthy manner.
SECTION 2: That this Resolution be recorded in the
official minutes of the City of Sanford, Florida.
PASSED AND ADOPTED this 9th day of March, A.D. 1987.
On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
the City Commission believes that a clean and
fosters civic pride and that it is in the best
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
ORDINANCE NO. 1861
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 AIRPORT BOULEVARD AND
BEVIER ROAD AND LYING BETWEEN WEST THIRD
STREET AND JEWETT 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.
was introduced and placed on first reading.
The City Manager reported receipt of litigation proceedings regarding Code
Enforcement Board Lien No. CEB 86-224, and would refer same to the City Attorney.
The City Manager reported the re-location of Heart Park had been completed, and
the Junior Women's Club has scheduled a dedication of the park to be held on Sunday, March
15, 1987 at 2:00 P.M.
The Mayor proclaimed the Week of March 12 as Girl Scout Week in the City of Sanford
in celebration of the Girl Scout's 75th Anniversary.
Bill Simmons, Director of Engineering and Planning, reported on the status of
negotiation of the purchase of the 2200 acres East of Sanford for effluent disposal, and
Yea
Yea
Yea
Yea
Yea
WHEREAS,
atmosphere
MINUTES
City Commission, Sanford, Florida
March 9,
249
recommended the City Commission authorize Staff to negotiate an appraisal contract with
Pardue, Hyde, Church, Smith and Waller.
Commissioner Thomas moved to authorize Staff to negotiate an appraisal contract to
be brought back to City Commission for approval. Seconded by Commissioner McClanahan and
carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Mr. Simmons, also, reported status on the negotiations regardinG the purchase of
the 1700 acres East of City of Sanford.
The Commission commended Jim JerniGan, Director of Recreation and Parks, the
Chamber of Commerce, and the Junior Women's Club for their wonderfully organized and quality
of the Art Show at Heart Park held on March 8, 1987.
There being no further business, the meeting was adjourned.
ATTEST -.
19 87