071387-Regular Session MINUTES
City Commission, Sanford, Florida
July 13,
433
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 13, 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.
Jim Jernigan, Director of Recreation and Parks, recognized the Sanford Junior
Girls' Softball Team for winning the state championship held in Daytona Beach on July 5,
1987. Mr. Jernigan reported the Sanford Recreation Department sponsors the league for girls
12 years of age and under. This league provides an opportunity for young girls, 12 years of
age and under, to play in a supervised league, and coached by volunteers and financed by
local civic clubs. The team sponsors provide playing jerseys for their team and the girls
were given the jerseys at the end of the year. When the local season ends an All-Star team
is selected by the coaches and this team represents Sanford in State Tournament play. This
year the All-Star team was coached by Denise and Marie Byrd. There were eight teams in the
State Tournament held in Daytona Beach, June 26, 27 and 28, 1987. The Sanford Lassie team
lost the first game but rebounded to win six games in a row out of the loser's bracket to
capture State honors. Recreation Supervisor Robbi Robinson appeared and introduced members
of the Lassie League Softball All Star Team.
The Commission recognized Patricio Sanchez, Gardener with the Public Works
Department in the Grounds Maintenance Division, for his efforts in finding trees missing
from the Orange Avenue Park due to vandalism.
The next item of business ws the continuation of a Public Hearing, tabled from the
meeting of June 22, 1987 pending a report on the status of the condemnation suit on the
property by the Seminole Board of County Commissioners, to consider rezoning a portion of
that certain property lying at the Southwest corner of the intersection of Country Club Road
and Bevier Road extended Southerly and lying North of West 25th Street from AD
(Agricultural) District to MR-1 (Multiple Family Residential Dwelling) District.
The City Attorney reported the County is attempting to condemn the property for~.
drainage purposes, to provide the ability to drain some adjacent land on the property. The
County is not trying to take the property from the City.
After discussion, Commissioner Mercer moved to table the Public Hearing to
September 14, 1987 pending the results of the Condemnation Suit and pending reports on the
developability of the property. 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
A Public Hearing was held in accordance with Notice published in the Evening
Herald on June 23 and July 3, 1987, as follows:
NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND
__ 19 87
434
MINUTES
City Commission, Sanford, Florida
July 13,
19 87
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 in the
Commission Room at the City Hall in the City of Sanford, Florida,
at 7:00 o'clock P. M. on July 13, 1987, to consider changes and
amendments to the Zoning Ordinance of the City of Sanford,
Florida, as follows:
A portion of that certain property lying at the
Northeast corner of the intersection of West First
Street (State Road 46) and Mulberry Avenue is proposed
to be rezoned from RMOI (Multiple-Family Residential,
Office and Industrial) District to GC-2 (General
Commercial) District. Said property being more
particularly described as follows:
The Southwest 1/4 of block 2, Tier 19, of FLORIDA LAND
AND COLONIZATION COMPANY LIMITED, MAP OF THE ST.
GERTRUDE'S ADDITION TO SANFORD, FLORIDA, according to
the Plat thereof as recorded in Plat Book 1, Pages 115
through 117, of the Public Records of Seminole County,
Florida.
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 23 amd July 3, 1987.
The Chairman announced t~at the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed rezoning.
The City Clerk reported Notice was sent to the owner, Kirby Dale Morrison, on May
19, 1987, and the ad was published on June 23 and July 3, 1987.
The City Planner appeared to recommend the rezoning.
Mary Morrison, owner, appeared to support the request.
Commissioner McClanahan moved to authorize the City Attorney to prepare the
proper ordinance to rezone said property. 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
A Public Hearing was held in accordance with Notice p~blished in the Evening
Herald on June 25, 1987, as follows:
NOTICE OF PROCEEDING FOR CLOSING, VACATING AND
ABANDONING AN ALLEY
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 13, 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 East/West alley lying between East 22nd Streeet and East
23rd Street and lying between Palmetto Avenue and Magnolia Avenue,
further described as follows:
MINUTES
City Commission, Sanford, Florida
July__ 13 ..
435
__1987_
The Westerly 133' of that certain East/West alley lying
between Lot 6 and Lots 3, 4, and 5, Block B, SPURLING'S
ADDITION TO SANFORD, Plat Book 2, Page 117, 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
Publish:
June 25, 1987.
By:
H. N. Tamm, Jr.
City Clerk
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed closing.
The City Clerk reported Notice was sent to owners within the block on June 23,
1987, and was published on June 25, 1987.
James Hawver, 2209 Magnolia Avenue, appeared to support the request.
Commissioner McClanahan moved to deny said request. 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
A Public Hearing was held in accordance with Notice published in the Evening
Herald on June 25, 1987, as follows:
NOTICE OF PROCEEDING FOR CLOSING, VACATING AND
ABANDONING UTILITY EASEMENT
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 13, 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 lying between East 24th
Street and East 24th Place and lying between French Avenue and
Maple Avenue, further described as follows:
That certain 14' North/South utility easement lying
along the Easterly 7' of the North 11.8 feet of Lot 1
and the Easterly 7' of Lots 2 through 6, and also lying
along the Westerly 7' of the North 11.8 feet of Lot 20
and the Westerly 7' of Lots 15 through 19, Block 15,
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
MINUTES
City Commission, Sanford, Florida
July-- 13,
19 87
Publish:
June 25, 1987.
By:
H. N. Tamm, Jr.
City Clerk
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed closing.
James Sterchi, owner, appeared to support the request.
Commissioner Mercer moved to authorize the City Attorney to prepare the proper
ordinance to close, vacate and abandon said utility easement. Seconded by Commissioner
Eckstein and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Naye
Naye
A Public Hearing was held in accordance with Notice published in the Evening
Herald on June 25, 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 July 13, 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 two East/West utility easements lying West of and abutting
Oregon Avenue and lying between Kaywood Drive and Quail Ridge
Court, further described as follows:
That certain 10' East/West utility easement lying along
the Southerly 5' of Lot 48, and also lying along the
Northerly 5' of Lot 49, KAYWOOD REPLAT, according to the
Plat thereof as recorded in Plat Book 30, Pages 27 and
28, Public Records of Seminole County, Florida.
and
That certain 10' East/West utility easement lying along
the Southerly 5' of Lot 50, and also lying along the
Northerly 5' of Lot 51, KAYWOOD REPLAT, according to the
Plat thereof as recorded in Plat Book 30, Pages 27 and
28, 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 286i0105)
City Commission of the
City of Sanford, Florida
By: H. N. Tamm, Jr.
City Clerk
Publish: June 25, 1987.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the proposed closing. No one appeared.
Commissioner Eckstein moved to authorize the City Attorney to prepare the proper
Tho B ·
ordinance to close said utility easements. Seconded by Commissioner a~carrled by the vote
MINUTE S 4 3 7
City Commission, Sanford, Florida
July 13,
1987
of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Naye
Yea
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. 1876, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
TO ANNEX 'WITHIN THE CORPORATE AREA OF THE
CITY OF SANFORD, FLORIDA, UPON ADOPTION OF
SAID ORDINANCE, A PORTION OF THAT CERTAIN
PROPERTY LYING SOUTH OF AIRPORT BOULEVARD AND
LYING BETWEEN MELLONVILLE AVENUE AND LINZ
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, 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 June 11, 18, 25, and July 2, 1987, as follows:
NOTICE OF A PUBLIC HEARING TO CONSIDER THE
ANNEXATION OF PROPERTY BY 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 July 13, 1987, to consider the adoption
of an ordinance by the City of Sanford, Florida, numbered as
follows: ~'
ORDINANCE NO. 1871
General Description of the area to be annexed and map is as
follows:
A portion of that certain property lying East of and
abutting Park Avenue and lying between Wylly Avenue and
Mattie Street.
~ ~EMII~
A
_5 4
6 5
[EX ITl
WYLLY AVENUE
6 5
7 8
6 5
7 8
MATTI E STREET
;0k,~.~-.29~28 27 26 25 24 25 Z2 Zl ~0 19 18~ 17
PALM PLACE
Z
4FORD ~
MINUTE S
City Commission, Sanford, Florida
July 13,
19 87
A complete description by metes and bounds and a copy of the
ordinance 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
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)
to
H. N. Tamm, Jr~
City Clerk
Publish: June 11, 18, 25, and July 2, 1987.
Ordinance No. 1871, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
TO ANNEX 'WITHIN THE CORPORATE AREA OF THE
CITY OF SANFORD, FLORIDA, UPON ADOPTION OF
SAID ORDINANCE, A PORTION OF THAT CERTAIN
PROPERTY LYING EAST OF AND ABUTTING PARK
AVENUE AND LYING BETWEEN WYLLY AVENUE AND
MATTIE STREET; 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 8, 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. 1871. No one appeared.
Commissioner Mercer moved on the passage and adoption of Ordinance No. 1871.
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
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1871, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
TO ANNEX WITHIN THE CORPORATE AREA OF THE
CITY OF SANFORD, FLORIDA, UPON ADOPTION OF
SAID ORDINANCE, A PORTION OF THAT CERTAIN
PROPERTY LYING EAST OF AND ABUTTING PARK
AVENUE AND LYING BETWEEN WYLLY AVENUE AND
MATTIE STREET; 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 June 25, 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 July 13, 1987, to consider the adoption
MINUTES
City Commission, Sanford, Florida
July 13,
of an ordinance by the City of Sanford, Florida, title of which is
as follows:
ORDINANCE NO. 1872
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 1097 OF SAID CITY;
SAID ORDINANCE BEING A ZONING PLAN; SAID
AMENDMENT CHANGING THE ZONING OF A PORTION OF
THAT CERTAIN PROPERTY LYING BETWEEN WEST 4TH
STREET AND WEST 5TH STREET AND LYING BETWEEN
CEDAR AVENUE AND HOLLY AVENUE FROM MR-2
(MULTIPLE-FAMILY RESIDENTIAL DWELLING) DIS-
TRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
A copy shall be available at the Office of the City Clerk for all
persons desiring to examine the same.
Ail parties in interest and citizens shall have an opportunity to
be heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
439
H. N. Tamm, Jr,.
City Clerk
Publish: June 25, 1987.
Ordinance No. 1872, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 1097 OF SAID CITY;
SAID ORDINANCE BEING A ZONING PLAN; SAID
AMENDMENT CHANGING THE ZONING OF A PORTION OF
THAT CERTAIN PROPERTY LYING BETWEEN WEST 4TH
STREET AND WEST 5TH STREET AND LYING BETWEEN
CEDAR AVENUE AND HOLLY AVENUE FROM MR-2
(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 June 22, 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. 1872. No one appeared.
Commissioner McClanahan moved on the passage and adoption of Ordinance No. 1872.
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
Naye
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1872, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 1097 OF SAID CITY;
SAID ORDINANCE BEING A ZONING PLAN; SAID
AMENDMENT CHANGING THE ZONING OF A PORTION OF
THAT CERTAIN PROPERTY LYING BETWEEN WEST 4TH
STREET AND WEST 5TH STREET AND LYING BETWEEN
CEDAR AVENUE AND HOLLY AVENUE FROM MR-2
(MULTIPLE-FAMILY RESIDENTIAL DWELLING) DIS-
TRICT TO GC-2 (GENERAL COMMERCIAL) DISTRICT;
1987
44O
MINUTES
City Commission, Sanford, Florida
July 13,
19 87
PROVIDING FOR SEVERABILITY,
EFFECTIVE DATE.
CONFLICTS AND
A Public Hearing was held in accordance with Notice published in the Evening
Herald on June 25, 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 July 13, 1987, to consider the adoption
of an ordinance by the~City of Sanford, Florida, title of which is
as follows:
ORDINANCE NO. 1873
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 2 - ADMINISTRATION - OF THE
CITY CODE BY ADDING ARTICLE XV - THE HENRY
SHELTON SANFORD MEMORIAL LIBRARY AND MUSEUM
BOARD, IDENTIFYING ITS PURPOSE, PROVIDING
TERMS OF OFFICE AND DUTIES OF THE BOARD;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
A copy shall be available at the Office of the City Clerk for all
persons desiring to examine the same.
Ail parties in interest and citizens shall have an opportunity to
be heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tamm, Jr.
City Clerk
Publish: June 25, 1987.
Ordinance No. 1873, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 2 - ADMINISTRATION - OF THE
CITY CODE BY ADDING ARTICLE XV - THE HENRY
SHELTON SANFORD MEMORIAL-LIBRARY AND MUSEUM
BOARD, IDENTIFYING ITS PURPOSE, PROVIDING
TERMS OF OFFICE AND DUTIES OF THE BOARD;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
introduced and placed on first reading at meeting of June 22, 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. 1873. No one appeared.
Commissioner Mercer moved on the passage and adoption of Ordinance No. 1873.
Seconded by Commissioner Eckstein 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
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1873, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
MINUTES
City Commission, Sanford, Florida
July 13,
441
__ 1987
AMENDING CHAPTER 2 - ADMINISTRATION - OF THE
CITY CODE BY ADDING ARTICLE XV - THE HENRY
SHELTON SANFORD MEMORIAL LIBRARY AND MUSEUM
BOARD, IDENTIFYING ITS PURPOSE, PROVIDING
TERMS OF OFFICE AND DUTIES OF THE BOARD;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
A Public Hearing was held in accordance with Notice published in the Evening
Herald on June 25, 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 July 13, 1987, to consider the adoption
of an ordinance by the City of Sanford, Florida, title of which is
as follows:
ORDINANCE NO. 1874
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE FIREFIGHTERS' RETIREMENT SYSTEM;
PROVIDING FOR THE BOARD OF TRUSTEES TO HAVE
SOLE AND EXCLUSIVE ADMINISTRATION AND
RESPONSIBILITY AND DELETING THE MAYOR AS ONE
OF THE DESIGNATED MEMBERS OF THE BOARD;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
A copy shall be available at the Office of the City Clerk for all
persons desiring to examine the same.
Ail parties in interest and citizens shall have an opportunity to
be heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tamm, Jr.
City Clerk
Publish: June 25, 1987.
Ordinance No. 1874, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE FIREFIGHTERS' RETIREMENT SYSTEM;
PROVIDING FOR THE BOARD OF TRUSTEES TO HAVE
SOLE AND EXCLUSIVE ADMINISTRATION AND
RESPONSIBILITY AND DELETING THE MAYOR AS ONE
OF THE DESIGNATED MEMBERS OF THE BOARD;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of June 22, 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. 1874. No one appeared.
Commissioner Mercer moved on the passage and adoption of Ordinance No. 1874.
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
442 MINUTES
City Commission, Sanford; Florida
July 13,
19 87
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1874, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE FIREFIGHTERS' RETIREMENT SYSTEM;
PROVIDING FOR THE BOARD OF TRUSTEES TO HAVE
SOLE AND EXCLUSIVE ADMINISTRATION AND
RESPONSIBILITY AND DELETING THE MAYOR AS ONE
OF THE DESIGNATED MEMBERS OF THE BOARD;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
A Public Hearing was held in accordance with Notice published in the Evening
Herald on June 25, 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 July 13, 1987, to consider the adoption
of an ordinance by the City of Sanford, Florida, title of which is
as follows:
ORDINANCE NO. 1875
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE POLICE OFFICER'S RETIREMENT
SYSTEM; PROVIDING FOR THE BOARD OF TRUSTEES
TO HAVE SOLE AND EXCLUSIVE ADMINISTRATION AND
RESPONSIBILITY AND DELETING THE MAYOR AS ONE
OF THE DESIGNATED MEMBERS OF THE BOARD;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
A copy shall be available at the Office of the City Clerk for all
persons desiring to examine the same.
Ail parties in interest and citizens shall have an opportunity to
be heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at
the above meeting or hearing, he may need a verbatim
record of the proceedings, including the testimony and
evidence, which record is not provided by the City of
Sanford. (FS 286.0105)
H. N. Tamm, Jr.
City Clerk
Publish: June 25, 1987.
Ordinance No. 1875, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE POLICE OFFICER'S RETIREMENT
SYSTEM; PROVIDING FOR THE BOARD OF TRUSTEES
TO HAVE SOLE AND EXCLUSIVE ADMINISTRATION AND
RESPONSIBILITY AND DELETING THE MAYOR AS ONE
OF THE DESIGNATED MEMBERS OF THE BOARD;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of June 22, 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. 1875. No one appeared.
Commissioner Thomas moved on the passage and adoption of Ordinance No. 1875.
Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows:
Commissioner Eckstein Yea
MINUTES
City Commission, Sanford, Florida
July 13,
443
19 87
,j
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1875, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE POLICE OFFICER'S RETIREMENT
SYSTEM; PROVIDING FOR THE BOARD OF TRUSTEES
TO HAVE SOLE AND EXCLUSIVE ADMINISTRATION AND
RESPONSIBILITY AND DELETING THE MAYOR AS ONE
OF THE DESIGNATED MEMBERS OF THE BOARD;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
The Commission next considered the proposed budget for 1987-88, and setting the
millage for same.
Commissioner Mercer moved to adopt the proposed budget for 1987-88, to adopt the
roll back millage of 3.9641 mills, and to adopt a proposed millage of 4.8459 mills.
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 Chairman announced a Public Hearing on the "tentative budget" will be held at
7:00 P. M. on September 14, 1987, in the City Commission Room, City Hall, Sanford.
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
Resolution No. 1483 was read and adopted.
follows:
Yea
Yea
Yea
Yea
Yea
Said resolution being in words and figures as
RESOLUTION NO. 1483
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
ESTABLISHING A "SYSTEM DEVELOPMENT FEE
ADVISORY COMMITTEE", RECITING THE PURPOSE OF
THE "SYSTEM DEVELOPMENT FEE ADVISORY
COMMITTEE", FIXING THE COMPOSITION OF THE
COMMITTEE, PROVIDING FOR PROCEDURES FOR
APPOINTMENT OF MEMBERS, PHASING OUT OF THE
"FUTURE GROWTH ADVISORY COMMITTEE" RESCINDING
RESOLUTION 1440 PROVIDING FOR EFFECTIVE DATE.
WHEREAS, The City Commission of the City of Sanf0rd,
Florida has determined that it is in the best interest of the citizens
of the City for the Commission to be informed through community input
on matters concerning future building and development in the City and
its impact on and demand for City services; and
WHEREAS, The City Commission has determined the best
manner for this input to be provided the Commission is by a "System
Development Fee Advisory Committee";
WHEREAS, It has been determined that the "System
Development Fee Advisory Committee" should assume management of many
444 MINUTES
City Commission, Sanford, Florida ~Jul_.y 13,
19 87
of the
Advisory
should be phased out;
NOW, THEREFORE,
OF SANFORD, FLORIDA:
responsibilities and duties of the former "Future Growth
Committee" and that the "Future Growth Advisory Committee"
BE IT RESOLVED BY THE PEOPLE OF THE CITY
SECTION 1: AUTHORITY FOR THIS RESOLUTION: This Resolution
is adopted pursuant to Chapter 166, Florida Statutes, and other
applicable provisions of law.
SECTION 2: SYSTEM DEVELOPMENT FEE ADVISORY COMMITTEE:
There is hereby created a "System Development Fee Advisory Committee"
in the City of Sanford which shall consist of not more than twelve
(12) members who are residents of the City or real property tax payers
of the City and who shall be appointed by the City Commission.
SECTION 3: COMPOSITION OF THE COMMITTEE: The City
Commission shall select members of the Committee from one or more of
the following organizations and professions and shall as much as
praticable balance the composition of the committee equally between
development and nondevelopment interests:
A. The Chamber of Commerce.
B. The Historic Preservation Board.
C. The local chapter of the AMerican Institute of
Architects.
Planners.
D. The local chapter of the American Institute of
E. The Home Builders Association.
F. The local chapter of the American Institute of Society
of Landscape Architects.
G. The Bar Association.
H. The Planning and Zoning Board.
I. A local Bank official.
J. The City Commission.
K. A local Realtor.
L. A local Environmentalist.
M. Members of the local community at large.
SECTION 4: TERMS OF OFFICE:
A. Members of the Committee shall serve overlapping terms
of three (3) years. Initially, four (4) members shall be appointd for
a term of one (1) year; four (4) members shall be appointed for two
(2) years, and four (4) members shall be appointed for three (3)
years. Thereafter, all appointments shall be made for a term of three
(3) yeras. Members shall serve until expiration of their term or
until their successors are duly chosen and qualified, or until death,
MINUTES
City Commission, Sanford, Florida
July 13,
445
1987
resignation, or removal.
B. Members may be reappointed to succeed themselves for
one additional three (3) year term.
C. If a member representing a designated organization or
profession ceases to be a member of that organization or profession,
or if a vacancy occurs for some other reason, a new appointment shall
be made by the City Commission for the unexpired term.
pay.
SECTION 5:
SECTION
COMPENSATION: Members shall serve without
ORGANIZATION, OFFICERS, RULES, MEETINGS:
A. At their first meeting, the
members shall elect officers including a chairman,
secretary who shall serve for terms of one (1) year and may be
elected for one additional term.
B. The Committee may establish any rules necessary
the orderly conduct of its business.
C. All meetings of the Committee shall be open to
public.
appointed Committee
vice chairman, and
re-
for
review the assumptions utilized in
the
Such consideration and review
be limited to, estimates
changes in construction methods
and materials, right-of-way acquisition and construction costs;
projected requirements for the infrastructure including timing of
same, and appropriate improvements to maintain the levels of service
adopted by City Commission in the Comprehensive Plan. The Committee
shall work closely with and be guided by the Comprehensive Plan,
especialy
advisory
valuable
recommendations
the capital improvement element. The Committee shall be
in nature only, but the City Commission recognizes the
service the Committee can perform in providing
regarding input on matters concerning future building
and
of
of
annual review impact fee studies.
assumption shall include but not
population and socio-economic data;
D. The Committee shall keep a record, which shall be open
to public view, of its resolutions, proceedings, and actions.
E. Removal may be recommended at any time by an
affirmative vote of the Committee or by the City Commission, provided
notice of intention to remove is included as an agenda item on said
meeting notice.
F. Absenteeism. A member who shall miss two (2)
consecutive meetings without reasonable justification shall be dropped
from the Committee. The Committee shall determine what is reasonable
justification.
SECTION 7: AUTHORITY OF THE COMMITTEE: The Committee
shall consider and initial
446
MINUTES
City Commission, Sanford, Florida
July 13,
19 87
and development in the City and its impact on and demand for City
services and will give consideration to recommendations of the
Committee.
SECTION 8: That Resolution 1440 establishing the Future
Growth Advisory Committee be and the same is hereby repealed.
SECTION 9: That this resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this 13th day of July, A.D. 1987.
Commissioner Mercer moved to accept with regrets the resignation of Dr. Hortense
Evans from the Planning and Zoning Commission, and to appoint Attorney Tommy Speer to fill
the unexpired term of Dr. Evans, term to expire June 30, 1988. 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 next considered a request from Linda K. Goins, 415 South Orange
Avenue, to waive the requirement of City Code, Section 4-43: NUMBER OF DOGS (3) AND CATS (3)
PERMITTED to allow six dogs.
Linda Goins appeared to support the request.
Commissioner Eckstein moved to allow Ms. Goins to keep six dogs for a period of
Seconded by Commissioner Thomas and carried by the vote of the Commission
sixty (60) days.
as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
The Commission next considered a request from John A. Russell, 3030 Magnolia
Avenue, for a waiver of fence installed in Street Right-of-Way. On recommendation of the
Director of Engineering and Planning, Commissioner Mercer moved to grant a variance to allow
a cedar fence to remain on the City Right-of-Way along Magnolia Avenue, and to reserve the
right to terminate this variance at the City's discretion. Seconded by Commissioner
Eckstein 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 next re-considered a request from Bob and Linda Watkin, 2532
Princeton Avenue, to waive the requirement of City Code, Section 4-43: NUMBER OF DOGS (3)
AND CATS (3) PERMITTED to allow four dogs and one cat. After discussion, Commissioner
Eckstein moved to allow Ms. Watkins to keep the four dogs until such time as the number
decreases to three and she maintains the number of three or less.
Thomas and carried by the vote of the Commission as follows:
Commissioner Eckstein Yea
Commissioner Mercer Yea
Commissioner Thomas Yea
Commissioner McClanahan Naye
Seconded by Commissioner
MINUTES
City Commission, Sanford, Florida
July 13 ,
447
1987
Mayor Smith Naye
The Commission recessed at 8:15 P. M. and re-assembled at 8:25 P. M.
Recommendations were submitted from the Planning and Zoning Commission as follows:
MEMORANDUM JUNE 12, 1987
TO:
FROM:
SUBJECT:
City Clerk
Building Official
Planning & Zoning Meeting - June 4, 1987
RECOMMENDATIONS
Unanimously denied the request to rezone from AD to that of MR-i,
property located on the west side of Airport Boulevard between
25th Street and Country Club Road. Mr. Bob Seigler,
representative of the collective owner, stated that their
intentions were to get the residential portion of this proerty
resolved now and in the future decide what to do with the rest of
this property. The objections of the neighbors were traffice
hazards and problems and they did not want to see single-family
homes encroached upon by multi-family homes. City staff's
recommendation was to deny rezoning.
Unanimously approved a motion to have home occupational licenses
returned to Planning and Zoning Commission.
The conseus of the Commission was the city staff would continue the issuance of
occupational licenses for home occupations, and the issuance was not the function of the
Planning and Zoning Commission.
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
Items were approved as follows:
Yea
Yea
Yea
Yea
Yea
Vouchers for the Month of June, 1987, as follows:
Central Paying Account, Sun Bank, N.A., Voucher No. 17463 thru 18267.
Payment of statement from Ivey, Bennett, Harris and Walls, Inc., in
the amount of $1,613.00 for professional services from May 1 through
31, 1987 for the Comprehensive Plan.
Commissioner Mercer moved to direct Staff to purchase, as of January 1, 1988, a
30' x 50' American flag to be flown at Memorial Park.
and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Seconded by Commissioner McClanahan
Yea
Yea
Yea
Yea
Yea
On motion of Commissioner McClanahan, seconded by Commissioner Mercer and carried
by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Resolution No. 1485 was read and adopted.
follows:
Yea
Yea
Yea
Yea
Yea
Said resolution being in words and figures as
RESOLUTION NO. 1485
448
MINUTES
City Commission, Sanford, Florida
Ju] ,y~l~
19 87
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$4,500,000 CITY OF SANFORD, FLORIDA WATER AND
SEWER REVENUE BOND ANTICIPATION NOTES, SERIES
1987; PROVIDING FOR THE FORM OF SUCH NOTES;
PROVIDING FOR THE PAYMENT THEREOF; ENTERING
INTO CERTAIN COVENANTS AND AGREEMENTS WITH
THE OWNERS THEREOF; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
"Issuer"). as follows:
FLORIDA (the
SECTION 1. AUTHORITY FOR RESOLUTION. This resolution is adopted
pursuant to Chapter 166, Part II, and Section 215.431, Florida
Statutues, a resolution of the City of Sanford adopted October 7,
1985, as amended, and other applicable provisions of law.
SECTION 2. DEFINITIONS. The capitalized terms contained in this
Resolution shall have the meaning attributable to the same capitalized
terms in Section 2 of the Bond Resolution hereinafter defined.
SECTION 3.
declared that:
FINDINGS.
It is hereby ascertained, determined and
A. On October 7, 1985, the Issuer adopted a Resolution (the
"Bond Resolution") authorizing the issuance of not exceeding
$25,000,000 principal amount of City of Sanford, Florida, Water and
Sewer Revenue Bonds (the "Bonds") of the Issuer, for the purpose of
financing and refinancing the cost of acquiring, constructing and
erecting additions, extentions and improvements to the water and sewer
systems of the Issuer. The Issuer issued $16,975,000 Water and Sewer
Revenue Bonds, Series 1986, and $8,025,000 of such Bonds remain
authorized but unissued.
B. It is necessary and urgent that funds be made immediately
available in order to provide money for acquiring and constructing
certain additions, extentions and improvements to the water and sewer
systems (the "Project"). The Issuer must, therefore, anticipate the
receipt by it of the proceeds to be derived from the sale of not to
exceed $4,500,000 of the Bonds (the "1987 Bonds"), and the Issuer has
determined it to be in the best interest of the Issuer and its
residents and inhabitants that fully registered interest bearing notes
of the Issuer in the amount of not to exceed $4,500,000 be authorized
pursuant to this Resolution and the Bond Resolution in anticipation of
the receipt by the Issuer of the proceeds from the sale of the 1987
Bonds. The. principal of the Notes to be issued pursuant to this
Resolution will be payable solely from and secured by a lien upon and
a pledge of the proceeds to be derived from the sale of the 1987 Bonds
and, if sufficient proceeds have not been realized when such payments
are due, by a lien on and pledge of the Pledged Revenues junior and
subordinante to that of the holders of 'the 1986 Bonds. The interest
on the Notes to be issued pursuant to this Resolution shall be payable
solely from and secured by a lien upon and pledge of the moneys in the
Interest Account created pursuant to Section 14 of this Resolution and
the proceeds to be derived from the sale of the 1987 Bonds and, if
sufficient proceeds have not been realized when such payments are due,
by a lien on and pledge of the Pledged Revenues junior or subordinante
to that of the holders of the 1986 Bonds. The Notes are also secured
by the proceeds of the Notes and the investment earnings theron on
deposit in the Construction Fund created pursuant to the Bond
Resolution until such moneys shall have been applied or committed as
provided in the Bond Resolution and as provided in Section 14 hereof.
C. The 1987 Bonds and the interest thereon will be payable
solely from and secured by the Net Revenues of the System, this Public
Service Taxes, the Sewer System Development Charges Bond Service
Component and the Water System Development Charges Bond Service
Component, as more fully described in the Bond Resolution (the
"Pledged Revenues"). The lien of the Holders of the 1987 bonds on the
Pledged Revenues will be on a parity with the lien of the Holders of
the Issuer's outstanding Water and Sewer Revenue Bonds, Series 1986
(the "1986 Bonds") all as described in the Bond Resolution.
D. As provided in the Bond Resolution, the aggregate amount of
Sewer System Development Charges applied and allocated to the payment
of debt service on the Notes and the Series 1987 bonds shall never
exceed the Sewer System Development Charges Bond Service Component for
the Notes and for the 1987 Bonds. In addition, the aggregate amount
of Water System Development Charges applied and allocated to the
payment of debt service on the Notes and the 1987 Bonds shall never
exceed the Water System Development Charges Bond Service Component for
MINUTES
City Commission, Sanford, Florida
July 13,
the Notes and for the 1987 Bonds.
SECTION 3. RESOLUTION TO CONSTITUTE CONTRACT. In consideration
of the acceptance of the Notes authorized to be issued hereunder by
those who shall hold the same from time to time, this Resolution shall
be deemed to be and shall constitute a contract between the Issuer and
such Holders. The covenants and agreements herein set forth to be
performed by the Issuer shall be for the equal benefit, protection and
security of the legal Holders of any and all of the Notes, all of
which shall be of equal rank and without preference, priority or
distinction of any of the Notes over any other thereof, except as
expressly provided therein and herein.
SECTION 4. AUTHORIZATION OF BOND ANTICIPATION NOTES. Subject
and pursuant to the provisions hereof and in anticipation of the sale
and delivery of the 1987 Bonds, obligations of the Issuer to be known
as "Water and Sewer Revenue Bond Anticipation Notes, Series 1987,"
herein defined as the "Notes", are authorized to be issued in the
aggregate principal amount of not to exceed $4,500,000.
SECTION 5. DESCRIPTION OF THE NOTES. The Notes shall be issued
in fully registered form in the denomination of $5,000 or any integral
multiple thereof; shall be dated as of such date as the Issuer may
provide by subsequent resolution; shall bear interest at a rate not
exceeding the maximum legal rate, said interest to be payable as
determined by a subsequent resolution of the Issuer and shall mature
at a date, as determined by subsequent resolution of the Issuer. The
Notes shall be payable in any coin or currency of the United States of
American which on the respective dates of payment thereof is legal
tender for the payment of public and private debts. The interest on
the Notes, shall be payable by the paying agent (the "Paying Agent~)
on each interest payment date to the person appearing as the
registered Holder thereof on the registration books of the Issuer
hereinafter provided for by check mailed to such registered Holder at
his address as it appears on such registration books. Payment of the
principal of the Notes shall be made upon the presentation and
surrender of such Notes as the same shall become due and payable.
The principal of the Notes shall be payable only to the registered
Holder or his legal representative at the principal corporate trust
office of the Registrar.
SECTION 6. EXECUTION OF THE NOTES. The Notes shall be executed
in the name of the Issuer by the manual or facsmile signature of the
Mayor of the Issuer and attested by the manual or facsmile signature
of the Clerk and a facsmile of the official seal of the Issuer shall
be imprinted on the Notes. In case any one or more of the officers
who shall have signed or sealed the Notes shall cease to be such
officer of the Issuer before the Notes so signed and sealed shall have
been actually sold and delivered, the Notes may nevertheless be sold
and delivered, as herein provided, and may be issued as if the person
who signed or sealed the Notes had not ceased to hold such office.
SECTION 7. NOTES MUTILATED, DESTROYED, STOLEN OR LOST. In case
any Note shall become mutilated, or be destroyed, stolen or lost, the
Issuer may in its discretion cause the issuance and delivery of a new
Note of like date and tenor as the Note so mutilated, destroyed,
stolen or lost, in exchange and substitution for such mutilated Note
or in lieu of and substitution for the Note destroyed, stolen or lost,
and upon the Holder's furnishing to the Issuer and the Registrar proof
of his ownership thereof and satisfactory indemnity and complying with
such other reasonable regulations and conditions as the Issuer may
prescribe and paying such expenses as the Issuer or its agent may
incur. All Notes so surrendered shall be canceled by the Issuer. If
any such Notes shall have matured or be about to mature, instead of
issuing a substitute Note, the Issuer may provide for payment of the
same at maturity, upon being indemnified as aforesaid, and if such
Note be lost, stolen or destroyed, without surrender thereof.
Any such duplicate Notes issued pursuant to this Section shall
constitute original, additional contractual obligations on the part of
the Issuer whether or not the lost, stolen or destroyed Notes shall be
at any time found by anyone, and such duplicate Notes shall be
entitled to equal and proportionate benefits and rights as to lien on,
and source and security for payment from the proceeds of the Bonds and
the revenues pledged for the payment of the Notes to the same extent
as all other Notes issued hereunder.
SECTION 8. NEGOTIABILITY AND REGISTRATION. The Registrar shall
keep books for the registration of and for the registration of
transfers of Notes as provided herein and in the Bond Resolution. The
transfer of any Notes may be registered only upon such books and only
upon surrender thereof to the Registrar together with an assignment
duly executed by the Holder or his attorney or legal representative in
such form as shall be satisfactory to the Registrar. Upon any such
449
19 87
450
MINUTES
City Commission, Sanford, Florida
July 13,
19 87
registration of transfer the Issuer shall execute and the Registrar
shall authenticate the deliver in exchange for such Note a new Note or
Notes registered in the name of the transferee, and in an aggregate
principal amount equal to the principal amount of such Note or Notes
so surrendered.
In all cases in which Notes shall be exchanged, the Issuer shall
execute and the Registrar shall authenticate and deliver, at the
earliest practicable time, a new Note or Notes in accordance with the
provisions of this Resolution. All Notes surrendered in any such
exchange or registration of transfer shall forthwith be canceled by
the Registrar. The Issuer or the Registrar may make a charge for
every such exchange or registration of transfer of Notes sufficient to
reimburse it for any tax or other governmental charge required to be
paid with respect to such exchange or registration of transfer, but no
other charge shall be made to any Holder for the privilege of
exchanging or registering the transfer of Notes under the provisions
of this Resolution and the Bond Resolution. Neither the Issuer nor
the Registrar shall be required to make any such exchange or
registration of transfer of Notes during the fifteen (15) days
immediately preceding any interest payment date.
The Notes shall be and shall have all of the qualities and
incidents of negotiable instruments under the laws of the State of
Florida, and each successive owner, in accepting any of such Notes,
shall be conclusively deemed to have agreed that such Notes shall be
and have all the qualities and incidents of negotiable instruments
under the laws of the State of Florida.
SECTION 9. AUTHENTICATION OF NOTES. Only such of the Notes as
shall have endorsed thereon a certificate of authentication
substantially in the form hereinbelow set forth, duly executed by the
Registrar as authenticating agent, shall be entitled to any benefit or
security under this Resolution. No Note shall be valid or obligatory
for any purpose unless and until such certificate of authentication
shall have been duly adotped by the Registrar, and such certificate of
the Registrar upon any such Note shall be conclusive evidence that
such Note has been duly authenticated and delivered under this
Resolution. The Registrar's certificate of authentication on any Note
shall be deemed to have been duly executed if signed by an authorized
officer of the Registrar, but it shall not be necessary that the same
officer sign the certificate of authentication of all of the Notes
that may be issued hereunder at any one time.
SECTION 10. EXCHANGE OF NOTES. Any Note, upon surrender thereof
at the principal corporate trust office of the Registrar, together
with an assignment duly executed by the Holder or his attorney or
legal representative in such form as shall be satisfactory to the
Registrar, may, at the option of the Holder, be exchanged for an
aggregate principal amount of Notes equal to the principal amount of
the Notes so surrendered.
The Registrar shall make provision for the exchange of Notes at
the principal office of the Registrar.
SECTION 11. OWNERSHIP OF NOTES. The person in whose name any
Note shall be registered shall be deemed and regarded as the absolute
owner thereof for all purposes and payment of or on account of the
principal of any such Note, and the interest on any such Note, shall
be made only to or upon the order of the registered owner thereof or
his legal representative. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Note and
interest thereon to the extent of the sum or sums so paid.
SECTION 12. FORM OF NOTES. The Notes shall be in substantially
the following form, with only such omissions, insertions and
variations as may be necessary and desirable and permitted by the
Resolution or by any subsequent ordinance or resolution adopted prior
to the issuance thereof:
No. R- $
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF SANFORD
WATER AND SEWER REVENUE BOND
ANTICIPATION NOTE, SERIES 1987
KNOW ALL MEN BY THESE PRESENTS that the City of Sanford, Florida
(hereinafter called "City"), for value received, hereby promises to
pay to the order of
· or registered assigns, as
herein provided, on the first day of , upon the
presentation and surrender hereof at the principal corporate trust
l
MINUTES
City Commission, Sanford, Florida July 13,
office of
, in the City of ,
Florida (the "Paying Agent"), from the special funds hereinafter
mentioned, the principal sum of
DOLLARS in any coin or currency of the
United States of America which on the date of payment thereof is legal
tender for the payment of public and private debts, and to pay, solely
from said sources, to the registered owner hereof by check mailed to
the registered owner at his address as it appears on the Note
registration books of the City, interest on said principal sum on each
1 and 1 commencing 1, 1987, from the
interest payment date next preceding the date of registration and
authentication of this Note, unless this Note is registered and
authenticated as of an interest payment date, in which case it shall
bear interest from said interest payment date, or unless this Note is
registered and authenticated prior to 1, 1987, in
which event this Note shall bear interest from 1, 1987.
The Notes of this issue shall not be subject to redemption prior
to their maturity.
This Note is one of an authorized issue of Notes in the aggregate
principal amount of $ of like date, tenor and effect,
except as to number issued to finance the acquisition and construction
~of additions, extensions and improvements to the water and sewer
system (the "Project") and in full compliance with the Constitution
and Statutes of the State of Florida, including particularly Chapter
166 and Section 215.431, Florida Statutes, and Resolution No. 1423
duly enacted by the City on October 7, 1985 (the "Bond Resolution ")
and a resolution duly adopted on , 1987 (the "Note
Resolution"), in anticipation of the receipt by the City of the
proceeds from the sale of not exceeding $ Water and
Sewer Revenue Bonds, Series 1987 (the "1987 Bonds").
The principal of this Note is payable solely from and secured by
a prior lien upon and pledge of the proceeds derived from the sale of
the 1987 Bonds and, if sufficient proceeds have not been realized when
such payments are due, by a lien on and pledge of the Pledged
Revenues, junior and subordinate to that of the holders of the City's
outstanding Water and Sewer Revenue Bonds, Series 1986, in the manner
provided in the Bond Resolution. The interest on this Note shall be
payable solely from and secured by a prior lien upon and pledge of the
moneys in the Interest Account as defined in the Note Resolution and
by the first proceeds derived from the sale of the 1987 Bonds and, if
sufficient proceeds have not been realized when such payments are due,
by a lien on and pledge of the Pledged Revenues, junior and
subordinate, to that of the holders of the City's outstanding Water
and Sewer Revenue Bonds, Series 1986, in the manner provided in the
Bond Resolution. This Note is also secured by the moneys in the
Construction Fund created pursuant to the Bond Resolution until such
moneys shall have been applied or committed as provided in the Bond
Resolution.
This Note does not constitute a general indebtedness of the City
within the meaning of any constitutional, statutory or charter
provision or limitation, and it is expressly agreed by the Holder of
this Note that such Holder shall never have the right to require or
compel the exercise of the ad valorem taxing power of the City or
taxation of any real or personal property therein for the payment~ of
the principal of and interest on this Note or the making of any
reserve or other payments provided for in the Resolution.
It is further agreed between the City and the Holder of this Note
that this Note and the indebtedness evidenced hereby shall not
constitute a lien upon any property of or in the City, but shall
constitute a lien only on the proceeds to be derived from the sale of
the Bonds and the Pledged Revenues, and the moneys in the Construction
Fund, all in the manner provided in the Bond Resolution and the Note
Resolution.
It is hereby certified and recited that all acts, conditions and
things required to exist, to happen and to be performed precedent to
and in the issuance of this Note exist, have happened and have been
performed in regular and due form and time, as required by the laws
and Constitution of the State of Florida applicable thereto, and that
the issuance of the Notes of this issue does not violate any
constitutional, statutory, or charter limitation or provision.
This Note has all the qualities and incidents of a
instrument under Article 8 of the Uniform Commerical Code,
of Florida, Chapter 678, Florida Statutes.
negotiable
the State
The transfer of this Note is registrable by the Holder hereof in
person or by his attorney or legal representative at the principal
451
19 87
452
MINUTES
City Commission, Sanford, Florida
July 13,
19 87
corporate trust office of the Registrar but only in the manner and
subject to the conditions provided in the Note Resolution and upon
surrender and cancellation of this Note.
This Note shall not be valid or become obligatory for any purpose
or be entitled to any benefit or security under the Note Resolution
until it shall have been authenticated by the execution by the
Registrar of the certificate of authentication endorsed hereon.
IN WITNESS WHEREOF, the City of Sanford, Florida, has issued this
Note and has caused the same to be signed by its Mayor and
countersigned and attested to by the City Clerk (the signatures of the
Mayor and the Clerk being authorized to be facsimiles of such
officers' signatures) and its seal or a facsimile thereof to be
affixed, impressed, imprinted, lithographed or reproduced hereon, all
as of the 1st day of August, 1987.
CITY OF SANFORD, FLORIDA
(SEAL)
Mayor
(manual or facsimile)
ATTESTED:
(manual or facsimile)
City Clerk
CERTIFICATE OF AUTHENTICATION
This Note is one of the Notes issued under the provisions of the
within-mentioned Note Resolution.
Date of Authentication:
Registrar, as Authenticating
Agent
By (manual signature)
Authorized OffiCer
ASSIGNMENT AND TRANSFER
For value received the undersigned hereby sells, assigns and
transfers unto
(Please insert Social Security or other identifying number of
transferee) the attached Note of the City
of Sanford, Florida, and does hereby constitute and appoint
, attorney, to transfer the said Note on the
books kept for registratiOn thereof, with full power of substitution
in the premises.
DATE
Signature Guaranteed by
(member firm of the New York
Stock Exchange or a commerical
bank or a trust company.)
By:
Title:
(manual signature)
NOTICE: No transfer will be
registered and no new Notes will be
issued in the name of the
Transferee, unless the signature to
this assignment corresponds with
the name as it appears upon the
face of the within Note in every
particular, without alteration or
enlargement or any change whatever
and the Social Security or Federal
Employer Identification Number of
the Transferee is supplied.
[BOND COUNSEL OPINION]
[END OF NOTE FORM]
SECTION 13. SPECIAL OBLIGATIONS OF ISSUER. The Notes shall not
be or constitute general obligations or indebtedness of the Issuer as
"bonds" within the meaning of the Constitution of Florida, but shall
be payable solely from and secured by a lien of the proceeds of the
i
MINUTES
City Commission, Sanford, Florida
July 13,
1987 bonds and if sufficient proceeds have not been realized when such
payments are due, by a lien on and pledge of the Pledged Revenues,
junior and subordinate to that of the holders of the 1986 Bonds. The
Notes are also secured by the moneys in the Construction Fund as
provided in Section 14 hereof. The interest on the Notes is secured
by a lien upon and pledge of the moneys in the Interest Account
created pursuant to Section 14 hereof, and the proceeds to be derived
from the sale of the 1987 Bonds. No holder or holders of any Notes
issued hereunder shall ever have the right to compel the exercise of
the ad valorem taxing power of the Issuer or taxation in any form of
any real or personal property thereon.
The Issuer does hereby irrevocably pledge the proceeds derived
from the sale of the 1987 Bonds and, as a junior and subordinate
pledge, the Pledged Revenues to the payment of the principal of and
interest on the Notes when those payments are due. Notwithstanding
the foregoing, the aggregate amount of Sewer System Development
Charges applied and allocated to the payment of debt service on the
Notes shall never exceed the Sewer System Development Charges Bond
Service Component for the Notes and the aggregate amount of Water
System Development Charges applied and allocated for the payment of
debt service on the Notes shall never exceed the Water System
Development Charges Bond Service Component for the Notes.
SECTION 14. APPLICATION OF NOTE PROCEEDS. The proceeds derived
from the sale of the Notes shall be received by the Issuer. An amount
equal to the accured interest on the Notes shall be deposited in the
City of Sanford, Florida, Water and Sewer Revenue Bond Anticipation
Notes, Series 1987 Interest Account (the "Interest Account") herein
created and shall be used only for the payment of interest on the
Notes. To the extent not reimbursed therefor by the original
purchaser of the Notes, the Issuer shall pay all costs associated
with the issuance of the Notes. The remainder of the proceeds of the
sale of the Notes shall be deposited into the Construction Fund
created pursuant to the Bond Resolution and applied as provided
therein. The owners of the Notes shall have a lien upon all the
proceeds thereof and the investment earnings thereon until the same
have been applied or committed as provided in the Bond Resolution.
SECTION 15. COVENANTS OF THE ISSUER. For so long as the Notes
shall be outstanding and unpaid or until there shall have been
irrevocably set apart a sum sufficient to pay, when due, the entire
principal of the Notes, together with interest accrued and to accrue
thereon, the Issuer covenants with the owners of the Notes as follows:
A. PROCEEDS FROM 1987 BONDS. Upon the receipt of the proceeds
of the 1987 Bonds, the Issuer shall apply such proceeds as follows:
(1) There shall be transmitted to the Paying Agent to
pay forthwith the principal of the Notes and the interest accrued
thereon to such date of payment, if any, but only to the extent
that funds on hand in the Interest Account are insufficient for
such purposes.
(2) For deposit and application of the balance of such
proceeds pursuant to the provisions of the Bond Resolution.
B. APPLICATION OF PRIOR COVENANTS. The covenants and pledges
(to the extent the same are not inconsistent herewith) contained in
the Bond Resolution (which also incorporates the covenants and pledges
relating to the 1986 Bonds) shall be deemed to be for the benefit,
protection and security for the payment of the Notes and for the
owners thereof in like manner as applicable to the 1987 Bonds
provided, however the reserve requirements applicable to the 1986
Bonds shall not apply to the Notes, for the benefit of the owners
thereof.
C. SALE OF BONDS. From time to time the Issuer shall in good
faith endeavor to sell a sufficient principal amount of bonds in order
to have funds available to pay the Notes and the interest thereon as
the same become due.
SECTION 16. SUPPLEMENTAL INSTRUMENTS. The Issuer shall, as
necessary, from time to time and at any time, adopt such resolutions
and/or ordinances as shall not be inconsistent with the terms and
conditions of this Resolution:
A. To cure any ambiguity, defect, or omission herein; and/or
B. To secure, extend or renew to the owners of the Notes the
pledges made herein for the payment of the Notes and the interest to
accrue thereon.
SECTION 17. MODIFICATION AND AMENDMENT. No material
453
1987
45-4
MINUTES
City Commission, Sanford, Florida
July 13,
19 87
modification or amendment of this Resolution or of any resolution
amendatory hereof or supplemental hereto may be made without the
consent in writing of the owners of not less than 51% of the holders
of the Notes.
SECTION 18. TAX COVENANT. No use will be made of the proceeds of
the Bonds which, if such use were reasonably expected on the date of
issuance of the Bonds, would cause the same to be "arbitrage bonds"
within the meaning of the Internal Revenue Code of 1986, as amended.
The Issuer at all times while the Bonds and the interest thereon are
outstanding will comply with the requirements of Section 148 of the
Internal Revenue Code of 1986, as amended, and any valid and
applicable rules and regulations promulgated thereUnder in order to
maintain the exclusion of interest on the Notes from gross income for
purposes of Federal income taxation.
SECTION 19. ADDITIONAL OBLIGATIONS. The Issuer covenants and
agrees not to issue any other obligations or incur any other
indebtedness, except refunding obligations, payable from the special
funds pledged in this resolution to the payment of the Notes and the
interest due thereon; except that any such other obligations may be
issued provided they contain an express statement that such
obligations are junior and subordinate in all respects to the rights,
security and sources of payment of the Notes issued pursuant to this
Resolution.
SECTION 20. DEFEASANCE. The Notes are not subject to redemption
prior to maturity. The Notes are, however, sUbject to defeasance as
provided in this Section 20, if (a) the Issuer shall pay or cause to
be paid to the holders of the Notes then outstanding the principal of,
and the interest to become due thereon at the times and in the manner
stipulated therein and herein, and (b) all fees, charges and expenses
of the Paying Agent and Registrar shall have been paid, then these
presents and the rights hereby granted shall cease, determine and be
void.
Any Note for the payment of which sufficient moneys or Acquired
Obligations shall have been deposited with the Paying Agent shall be
deemed to be paid within the meaning hereof and shall no longer be
outstanding hereunder. The aforesaid Acquired Obligations will be
considered sufficient if said obligations, with interest, mature and
bear interest in such amounts and at such times as will assure
sufficient cash moneys to pay currently maturing principal of and
interest on the Notes then due. Such Acquired Obligations may not
contain provisions making them subject to redemption prior to their
stated maturities other than at the option of the holder thereof.
If the Issuer shall determine that it is desirable to terminate
the rights and liens hereunder of the holders of any notes (pursuant
to a refunding or otherwise) and shall deposit irrevocably in trust
sums which when invested in Acquired Obligations will be sufficient:
(a) to pay the principal of, and the interest on said Notes as the
same mature; and (b) to pay all Paying Agents and Registrar fees and
escrow agents fees due in connection with payment of any such
principal, and interest, such Notes shall thereafter have no right or
lien under this Resolution other than the right to receive payment
from said special fund and the same shall not be considered to be
outstanding hereunder for any purpose.
SECTION 21. SEVERABILITY. If any one or more of the covenants,
agreements or provisions of this Resolution should be held contrary to
any express provision of law or contrary to the policy of express law,
though not expressly prohibited, or against public policy, or shall
for any reasons whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed
separate from the remaining covenants, agreements or provisions, and
in no way affect the validity of all the other provisions of this
Resolution or of the Notes.
SECTION 22. EFFECTIVE DATE.
immediately upon its adoption.
This Resolution shall take effect
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF SANFORD,
FLORIDA, this 13th day of July, 1987.
Jim Kirkland, William R. Hough and Company, appeared to answer inquiries regarding
the Bond Anticipation Notes to finance the purchase of 2200 acres of property.
Commissioner McClanahan moved to authorize the City Manager to direct William r.
Hough and Company to proceed with the financing arrangements (Official Statement, rating
agency review and sale of the Water and Sewer Bond Anticipation Notes, Series 1987).
MINUTES
City Commission, Sanford, Florida
July 13,
455
1987
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 authorize the City Manager to engage M. G. Lewis and
Company, Inc. as Financial Advisor for the Water and Sewer Bond Anticipation Notes, 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
Yea
Yea
Yea
The Commission next considered a request from Ms. A. Jeanne Atkinson, owner of
Sunshine Liquors, Inc., for an amendment or special permit to allow the package sale of
liquor on Sunday. On recommendation of the Licensing Official, Commissioner Thomas moved to
deny said request. 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
Commissioner Mercer moved to authorize the construction of restroom facilities at
Academy Manor Park with source of funds from Public Project Funds-Park Development Fees.
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 memorandums from the Director of Engineering and
Planning and the Director of Recreation and Parks as follows:
MEMORANDUM
JUNE 26, 1987
TO:
FROM:
SUBJECT:
City Manager
Director of Engineering and Planning
Request to Purchase 720 Sq. Ft. of Lee P. Moore Park
Mr. Faison:
The attached memorandum from Director of Parks and Recreation
discusses the request by Robert K. Sollien, 111 Wax Mrytle Drive to
purchase 720 sq. ft. of Lee P. Moore Park, ostensively to maintain a
"reasonable size backyard".
From review of the attached drawing I understand Jim Jernigan's
concern for the maintainability and real utility to the public of the
samll corner formed by the acute angle meeting of the two property
boundaries of the park. On the other hand, I feel some concern for
setting possible precedent by this recommended property disposal,
unless the reasons for doing so are clearly established. To do
otherwise could invite other property owners around this as well as
other parks to seek to individually buy portions of the park for
private use, including "buffers".
If City Commission decides to approve this requested sale, I
believe that our rules require disposal by public advertisement and
receipt of sealed bids. Because of the particular situation, I would
recommend that a minimum acceptable price be established, based on
4 5 6 MINUTES
City Commission, Sanford, Florida
July
present fair market value.
CITY OF SANFORD
RECREATION & PARKS DEPARTMENT
MEMORANDUM DATE:
June 23, 1987
FROM:
TO:
SUBJECT:
Director
City Manager
Consideration of request by property owner
RE: Lee P. Moore Park
Mr. Robert K. Sollien who is resident and owner of 111 Wax Myrtle
Drive is requesting to purchase 720 square feet of Lee P. Moore Park
to help him maintain a reasonable size backyard.
The park fence line is scheduled to be installed on the perimeter
of the park and he would like relief from the fence line by purchasing
720 sq. ft. of the southwest corner.
The attached drawing shows Mr. Sollien's lot darkened out and the
720 sq. ft. marked in yellow.
Director recommends approval with the selling price to be $300.00
which is consistent with appraisal completed in 1985.
The appraised value of the Lee P. Moore 12 acre site was
established as $132,000.00 or $26,000.00 per acre.
Since the 720 sq. ft. is equal to a little over 1/100th of an
acre I would think that $300.00 would be a fair price.
request.
Director recommends approval based on fact that the 720 sq, ft.
is a dead corner of the park which is not usable and would be a
maintenance problem to the City.
On recommendation of the City Manager, Commissioner Mercer moved to deny said
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 recommendation of the City Manager, Commissioner Eckstein moved to approve the
request from the Wal-Mart Fund Raising Committee to hold a carnival in Fort Mellon Park on
July 26, 1987 with proceeds going to the Arnold Palmer's Children's Hospital. 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
The City Manager submitted a letter from Mrs. Martha Yancey, S.I.B. Chairman, as
follows:
July 6, 1987
Mr. Frank Faison
City Manager
Sanford, FL 32771
Dear Mr. Faison:
I would like to inform you of a few things that happened at the
S.I.B. meeting, July 1, 1987:
1. I was elected Chairman.
19 83_
MINUTES
City Commission, Sanford, Florida
July 13,
457
19 87
e.
The Board approved a concept for the expansion of the
streetscape project on First Street. This concept supports
action taken by the S.I.B. members and Mr. Bob Kelly on June
26. Bill Horn was to deliver a copy of the concept to you.
Please let me know if you have any problems or questions.
I have appointed a committee-chaired by Judy Wimbish to deal
with the problems surrounding the "Palm Tree Site". Since
the Ixora Garden Club donated $3,200.00 to the City through
the S.I.B. The S.I.B. feels responsible for thesuccessful
completion of this project. I have asked the committee to
provide you with these recommendations no later than July 8
or 9, 1987. If this gives any problems, please let me know.
The S.I.B. asked me to confirm to you the following motion:
On June 3rd, the S.I.B. passed the following motion with a
six to one vote to recommend to the City, that a specialist
be provided to the Grounds Maintenance Division, with
special skills in the area of material placement design,
site preparation and maintenance. The Board recommends that
MR. Irvin Kaufman be considered for this position.
It is the feelings of the S.I.B. that this position could be
filled on a contract bases. This would eliminate the expense for full
time payroll, employee benefits, uniforms, etc. Since so much time
has gone by since this action was taken, we would like to know your
response as soon as possible.
The S.I.B. is having a special meeting on Wednesday, July 8th.
sould like very much to know your decision for that meeting. If you
are in agreement, my executive Committee would be happy to meet with
you and discuss how such a specialist could be used to the City's
advantage.
I
Mrs. Martha Yancey
S.I.B. Chairman
Commissioner McClanahan moved to authorize the vacant position in the Grounds
Maintenance Division to be downgraded, and to contract the services of Mr. Kaufman as
specialist at $15.00 per hour on a per project basis.
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
The Commission authorized a joint worksession with the Scenic Improvement Board at
the August 3, 1987 Work Session.
The Commission next considered a request for a Special Assessment District for the
construction Rolling Hills Boulevard and Americana Boulevard, as discussed at the June 29,
1987 Work Session. Commissioner Mercer moved to authorize the City Manager and the City
Attorney to proceed with recommendations. 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 Mercer moved to approve the appropriation for installation of street
lights on Highway 17-92 from Airport Boulevard to Lake Mary Boulevard, estimated cost of
$40,491.86, and funded from the Local Option Fuel Tax Fund.
Seconded by Commissioner Thomas
and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Yea
Yea
Yea
Yea
458
MINUTES
City Commission, Sanford, Florida
July 13,
19 87
Mayor Smith Yea
Commissioner Mercer moved to appoint Joseph M. Dennison, Thelma Mike, Bart
Peterson, and Gail Smith to the WINS Steering Committee.
and carried by the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Seconded by Commissioner Thomas
Yea
Yea
Yea
Yea
Yea
The Mayor announced Amefika Gieuka had been chosen Chairman of the WINS Steering
Committee, and James Barks as Vice Chairman.
Commissioner McClanahan moved to appoint Keith Birkemeyer to the Human Relations
Seconded by Commissioner Thomas and carried by the vote of the Commission
Advisory Board.
as follows:
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
Commissioner McClanahan moved to accept with regrets the resignation of Danny
Floyd from the Scenic Improvement Board, and to appoint Charles J. "Kit" Carson to fill the
unexpired term of Mr. Floyd, term to expire January 31, 1989. 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 memorandum from the Director of Engineering and
Planning as follows:
MEMORANDUM JULY 10, 1987
TO: City Manager
FROM:
Director of Engineering and Planning
SUBJECT:
Amendment #16 to Conklin, Porter and Holmes Engineering
Services Contract-Survey and Preliminary Planning for 2200
Acre Site
Mr. Faison:
Conklin, Porter and Holmes Engineering, Inc. has forwarded proposed
Amendment #16 to their Engineering Services Contract to cover
preliminary planning and boundary survey preparation for the 2200 acre
site being acquired for future treated wastewater effluent land
disposal. The preliminary planning services proposed are very limited
in scope and will generally be in support of the public hearing to be
held on July 27. The boundary survey will be completed not later than
August 31, 1987.
It is recommended that this proposed amendment for a "not to exceed"
fee of $57,000 be approved.
On recommendation of the City Manager, Commissioner McClanahan moved to authorize
said Amendment #16. 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
MINUTES
City Commission, Sanford, Florida
July 13.,
459
The City Manager submitted a memorandum from the Director of Engineering and
Planning as follows:
MEMORANDUM JULY 9, 1987
TO:
FROM:
SUBJECT:
City Manager
Director of Engineering and Planning
Land Acquisition for Construction of Vacuum Station -
Combined Sewer Separation Project
Mr. Faison:
As a part of our combined sewer separation project we must
construct a vacuum station facility to include both vacuum pumps and a
wastewater pump station. Because of design considerations this vacuum
station needs to be close to the north end of the area of the City
where vacuum sewers are to be installed as replacement for the present
combined sewers. This consideration dictates location of the vacuum
station in the general vicinity of 2nd Street or 3rd Street between
Cypress Avenue and French Avenue. The approximate minimum dimensions
for property required are 50'x50'. The attached drawing shows vacant
parcels which have been identified in the field which might serve our
purpose.
I have obtained executed proposed option to buy contracts from
four property owners within the area of consideration. Time has
prevented contacting all property owners of identified vacant parcels,
since Conklin, Porter & Holmes has advised me of the need to complete
the vacuum sewer design as soon as possible in order to meet
Department of Environmental Regulation imposed deadlines for
application for grant funding. (We anticipate grant funding for this
project at a minimum percentage of 55% of total costs, and probably at
a 75% to total costs.)
The options have all been written with a proposed $100 premium
for a 90 day period of time. Although only one parcel will be
required, some further engineering consideration should be made prior
to selecting the specific parcel for recommendation to City Commission
for Durchase. It is therefore recommended that City Commission
approve the execution of all options at this time, in order to assure
the availability of the parcel which is ultimately selected.
Commissioner McClanahan moved to authorize the execution of four 90-day options,
each in the amount of $100, for purchase contracts to permit further study of a vacuum
equipment station. 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 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
Payment of statements were authorized as follows:
Interstate Pipe Maintenance, Inc. for sewer rehabilitation work:
a. Part 1 - Payment Request ~2 ................... $ 13,702.50
b. Part 2 - Payment Request ~2 ................... 3,982.50
c. Part 3 - Payment Request ~4 ................... 58,135.50
TOTAL
$ 75,820.50
Burke and Bales Associates, Inc., Invoice dated June 19, 1987,
for the Cultural Arts Center Rehabilitation ........ $ 4,145.00
1987
460
MINUTES
City Commission, Sanford, Florida
July 13,
1987
Jammal and Associates, Inc. for quality control and testing at
the Sludge Handling Facility
a. Invoice #01-26658, dated June 30, 1987 ........ $ 100.00
b. Invoice #01-26788, dated June 30, 1987 ........ 172.50
TOTAL $ 272.50
Conklin, Porter and Holmes for professional services rendered
from May 30 through June 26, 1987:
a. Sludge Handling Facility, DER Project No.
586100, CPH Job #S0602.14 ..................... $
b. Incremental Sewer Collection System
Rehabilitation, State Grant No. 586100,
CPH Job #S0602.15 ..............
C. Core Sewer Collection System ~i~i~ig~
EPA Grant #C120586080, CPH Job #S0602.16 ......
d. Alternate Site, Site #10 - Hydrogeological
Survey, CPH Job #S0602.23 .....................
e. Grant Ineligible Sewer System Repair Work,
CPH Job ~S0602.24 .............................
f. Effluent Filtration, Disinfection, Storage,
Pumping and Transmission Facilities -
Amendment #13, CPH Job #S0602.25 ..............
g. Wastewater Effluent Spray Irrigation System,
#s0602.26 ....
h. Vacuum Sewer Desig~'6~fi 3A~ fill ~6&6~[~ [[[[[
5,157.23
6,354.64
5,479.41
134.28
11,978.26
37,665.63
22,042.18
6,744.60~
TOTAL $ 95,556.23
Recommendations were submitted from the Planning and Zoning Commission as follows:
MEMORANDUM
JULY 6, 1987
TO:
VIA:
FROM:
SUBJECT:
City Commission
City Manager and Director of Engineering and Planning
Zoning Inspector
Planning and Zoning Meeting of July 2, 1987
RECOMMENDATIONS
me
Recommended the approval of the request to rezone property
located at the northeast corner of Mulberry Avenue and West 1st
Street from RMOI to GC-2 for the purpose of retail sales and
repair of appliances for owner, Kirby Dale Morrison. The vote
was five in favor with Mr. Keith and Mr. Carli in opposition.
Mr. Keith was concerned that the request would be spot zoning and
that the entire block should be included. Mr. Carli expressed
concern that the proponent would at some future date request the
abandonment of Mulberry Avenue from the City Commission expanding
his property site. There was no opposition from the public.
Mr. Morris and Mr. Malone were both unanimously reelected as
Chairman and Vice Chairman of the Planning and Zoning Commission.
It was suggested that when the City Commission select a new
member to fill the unexpired term of Dr. Hortense Evans, they
provide a written guideline of what the City Commission expects
from the Planning and Zoning Commission.
Commissioner Mercer moved to approve the Minutes of June 22 and 29, 1987.
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 Commission authorized the surplus School Board property on French Avenue and
18th Street to discussed at the next Work Session.
On motion of Commissioner Mercer, seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Commissioner Eckstein
Commissioner Mercer
Yea
Yea
MINUTES
City Commission, Sanford, Florida
461
July 13,
1987
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Ordinance No. 1880, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING, AND ABANDONING A PORTION
OF TWO UTILITY EASEMENTS LYING WEST OF AND
ABUTTING OREGON AVENUE AND LYING BETWEEN
KAYWOOD DRIVE AND QUAIL RIDGE COURT;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading.
The City Attorney reported on the status of the Paulucci-Kastner annexation
litigation, the Baker-White annexation litigation, and the McCall annexation litigation.
The City Attorney reported the Mayor was served last Monday on behalf of the City
with a copy of a suit for Declaratory Judgement by the County regarding the imposition of
County-wide impact fees. Under procedure the City is required to respond within twenty
days and his firm routinely responds on behalf of the City.
Commissioner McClanahan moved to authorize the City Attorney to direct responsive
pleadings to the suit and to defend the City position. Seconded by Commissioner Eckstein
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 direct staff to purchase a bicycle rack in the amount
of $275.00 for the downtown area.
of the Commission as follows:
Seconded by Commissioner Thomas and carried by the vote
Commissioner Eckstein
Commissioner Mercer
Commissioner Thomas
Commissioner McClanahan
Mayor Smith
Yea
Yea
Yea
Yea
Yea
There being no further business, the meeting was adjourned.
ATTEST -