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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 -