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091487-Regular Session MINUTES City Commission, Sanford, Florida September 14, 529 198_7__ 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 September 14, 1987. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner A. A. McClanahan CommisSioner John Y. Mercer Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank A. Faison City Clerk H.N. Tamm, Jr. The meeting was called to order by the Chairman. The first order of business was a Public Hearing tabled from the meeting of August 24, 1987 to consider closing, vacating and abandoning a portion of an East/West utility easement lying East of and abutting Hidden Lake Drive and lying between Ramblewood Drive and Eastwind Court. 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 Manager stated that the owner was no longer interested and recommended to deny the request. Commissioner Mercer moved to deny said request. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The next item of business was the continuation of a Public Hearing to consider rezoning of that certain property lying at the Northeast corner of the intersection of Magnolia Avenue and East 28th Place and a portion of the certain property lying at the Southeast corner of the intersection of Magnolia Avenue and East 28th Place from SR-1 (Single Family Residential Dwelling) District to MR-1 (Multiple Family Residential Dwelling) District. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed the rezoning. The City Engineer reported that the petitioner had not appear ~before the Planning and Zoning Commission for a conditional use rather than rezoning. Planning and Zoning Commission had recommended to deny. Commissioner Mercer moved to deny said rezoning. Seconded and carried by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner McClanahan Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea by Commissioner Thomas The next item was the continuation of Public Hearing from the regular meeting of August 24, 1987, to consider rezoning 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 (C.R. 46A) from AD (Agricultural) District to MR-1 (Multiple Family Residential Dwelling) District. 530 MINUTES City Commission, Sanford, Florida September 14, 19 87 The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in oPposition to, the proposed rezoning. ' Bob Seigler appeared to support the request. The City Planner rep6rted severe limitations to this urban type land use on this site and no submission of evidence of developability. Also stated that the preliminary soil tests supports the extensive engineering work needed to improve this property. The Planning and Zoning Commission recommended to be denied. Commissioner Eckstein moved to deny said rezoning. 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 Nay Yea The next item was the continuation of a Public Hearing, tabled from the regular meeting of July 27, 1987, to consider rezoning a certain property lying between State Road 600 (Highway 17-92 and County Road' 427 and between County Home Road and Collins Drive from AD (Agricultural) District to GC-2 (General Commercial) District and from SR-1A (Single Family Residential) District to AD (Agricultural) District. Bob Seigler appeared to support said request. Patrick Talley appeared to speak against the rezoning and stated he was speaking for the eighteen residents surrounding said property and felt the rezoning of said property would lower property values. Mr. Talley stated that the 11 acre tract has a 2 1/2 acre lake and the adjacent zoning is Agricultural. The City Attorney reported that the City ordinance is presumed to be valid, it has not been determined that the annexation is invalid and it has not been returned by the County. Jim Crow and Edward Kennedy appeared to speak against the rezoning of said property due to the lack of drainage in the area. The Mayor noted that this was recommended by the Planning and Zoning Commission. Commissioner Mercer moved to authorize the City Attorney to prepare the proper ordinance to rezoning said property. 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 .A Public Hearing was held in accordance with Notice published in the Evening Herald on August 25, 1987 as follows: NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE 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 October 12, 1987, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows: MINUTES City Commission, Sanford, Florida September 14, 531 A portion of that certain property lying West of and abutting Airport Boulevard and lying between West Fifth Street and Jewett Lane is proposed to be rezoned from SR-1 (Single Family Residential Dwelling) District to RI-1 (Restricted Industrial) District. Said property being more particularly described as follows: Lot 2 and North 1/2 of Lot 3, South 1/2 of Lot 6 and all of Lot 7, WEST HAVEN SUBDIVISION, as recorded in Plat Book 11, Page 92, 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: August 25 and September 4, 1987. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. No one appeared. Commissioner Mercer moved to authorize the City Attorney to prepare the proper ordinance to rezone said 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 August 25, and September 4, 1987, as follows: August 4, 1987 NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND 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~ September 14, 1987, to consider changes and amendments to the Zoning Ordinance of the City of Sanford, Florida, as follows; The Northwest one-quarter, (NW 1/4) of the ~Southwest one-quarter (SW 1/4) East of State Road 600 and the Northeast one-quarter (NE 1/4) of the Southwest one- quarter (SW 1/4) East of State Road 600 (less the North 891.00 feet except the West 30 feet thereof) Section 14, Township 20 South, Range 30 East, Seminole County, Florida, less the westerly 250.00 feet thereof, also less the easterly 905.00 feet thereof. AND The East 280.00 feet of the Northwest one-quarter (NW 1/4) of the Southwest one-quarter (SW 1/4) East of the Southwest one-quarter (SW 1/4) East of State Road 600 (less North 891.00 feet except the West 30 feet thereof) Section 14, Township South, Range 30 East, Seminole County, Florida. 19 87 532 MINUTES City Commission, Sanford, Florida September 14, 19 87 To consider rezoning the above property from AD (Agricultural) District to GC-2 (General Commercial) District and from SR-1A (Single Family Residential) District to AD (Agricultural) District. 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: August 25, and September 4, 1987. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. No one appeared. Commissioner McClanahan moved to authorize the City Attorney to prepare the vote ordinance to rezone said property. Seconded by Commissioner Thomas and carried by 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 August 25, and September 24, 1987, as follows: August 27, 1987 NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE 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 September 14, 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 Southeast corner of the intersection of Sanford Avenue and East 29th Street is proposed to be rezoned from SR-1 (Single Family Residential Dwelling) District to RMOI (Multiple-Family Residential, Office nd Industrial) District. Said property being more particularly described as follows: Lots 43, less the South 6.5 feet, Block G, WOODMERE PARK, SECOND REPLAT, as recorded in the Public Records of Seminole County, Florida, less road right-of-way. 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: August 25, and September 4, 1987. MINUTES City Commission, Sanford, Florida Septemb_er 14: 533 1987 l The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed rezoning. The City Engineering reported that the Planning and Zoning Commission recommended denial because of spot zoning and recommended that the petitioner request a conditional use. Commissioner Mercer moved to deny said rezoning. 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 Public Hearings were held in accordance with Herald on August 28, 1987, as follows: August 25, 1987 Notice published in the Evening NOTICE OF A PUBLIC HEARING FOR THE PROPOSED ANNUAL BUDGET AND CAPITAL PROGRAM FOR THE CITY OF SANFORD, FLORIDA Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on September 14, 1987 to consider the Annual Budget for the fiscal year of October 1, 1987 to September 30, 1988, and a Capital Program. A copy of said budget and capital program 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. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) Publish: August 28, 1987 H. N. Tamm, Jr. City Clerk of the City of Sanford, Florida The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed Budget and Capital Program. Mr. Jesse appeared and stated that the Budget seems to continue to rise, the City has gone from the lowest to the highest water rates in the county and the Public Officials should take a long hard loOk at the budget. Commissioner McClanahan moved to approve the tentative budget. Seconded by Commissioner Mercer and carried by the vote of the Commission, as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea On motion by Commissioner McClanahan, seconded by Commissioner Mercer and carried by the vote of the Commission as follows: 534 MINUTES City Commission, Sanford, Florida September 14, 19 87 Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Ordinance No. 1886, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, MAKING APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, RECEIVED FROM THE REVENUE SHARING TRUST FUND OF THE UNITED STATES OF AMERICAN, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987, AND ENDING SEPTEMBER 30, 1988; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was introduced and placed on first reading. On motion by Commissioner Mercer, seconded by Commissioner Thomas and car~ tied 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. 1887, entitled: AN 0 RD I NANCE OF THE CITY OF SANFORD, FLORIDA, MAKING APPROPRIATIONS FOR THE CITY OF SANFORD, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987, AND ENDING SEPTEMBER 30, 1988; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE 'DATE. was placed on first reading. The Chairman announced the proposed millage of 4.8459 exceeds the roll back millage by 22.2% On motion by 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. 1888, entitled: AN ORDINANCE OF THE. CITY OF SANFORD, FLORIDA, RESCINDING ORDINANCE NO. 1835, AND ADOPTING A SALARY CLASSIFICATION PLAN EFFECTIVE OCTOBER 1, 1987: PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. was placed on first reading. On motion by Commissioner Mercer, seconded by Commissioner Thomas and carr by the vote of the Commission as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea MINUTES City Commission, Sanford, Florida 535 Ordinance No. 1885 AN ORD I NANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1097 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING WEST OF AND ABUTTING AIRPORT BOULEVARD AND LYING BETWEEN WEST FIFTH STREET AND JEWETT LANE FROM SR-1 (SINGLE FAMILY RESIDENTIAL DWELLING) DISTRICT TO RI-1 (RESTRICTED INDUSTRIAL) DISTRICT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was placed on first reading. The next item of business was a request from Seminole County Sanford Memorial Library for parking spaces on Palmetto, between alley and First Street to be blocked off so the Bookmobile can park there while the Library is closed. Commissioner Mercer moved to authorize said request. Seconded by Commissioner Thomas and carried by the vote of the Commission, as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The Commission considered a request from the Antique and Classic Automobile Club of Seminole County to hold the Fourth Annual Car Show and Flea Market on Saturday, November 7 and to have closed from 7:00 a.m. to 4:00 p.m. streets as follows: Seminole Boulevard from Palmetto to Myrtle Avenue; and Park Avenue at Fulton. Commissioner Thomas moved to authorize 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 On motion .by 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 Resolution No. 1489 was read and adopted. follows: Said resolution being in words and figures as A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, PERTAINING TO THE SUBMITTAL OF APPLICATION TD THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION FOR WASTEWATER TREATMENT CONSTRUCTIDN GRANT ASSISTANCE. WHEREAS, under the Clean Water Act of 1977, as amended, the Federal Congress has delineated national water quality goals which must be achieved through regional efforts to assure the attainment of water quality standards; and 19 2L7_ 536 MINUTES City Commission, Sanford, Florida September 14. 19 87 WHEREAS, the City of Sanford entered into a 20l Facilities Planning Study for this planning ar6~ in order to comply with the requirements of Public Law 92-500, as amended, and Florida Administrative Code 17~50; and WHEREAS, the City of Sanford's projects are ranked within the fundable portion of the FY 1988 Construction Grants Priority List, administered by the Florida Department of Environmental Regulation {FDER), indicating grant assistance funds may be available to the City of Sanford, and WHEREAS, it is the desire of the City of Sanford to submit an authorized application for grant assistance. NOW THEREFORE BE IT RESOLVED by the City of Sanford, Florida, as follows: SECTION l: That Frank A. Faison, City Manager, be and is hereby the City of Sanford Regulation (FDER) and the assistance for the City's authorized to execute and file application on behalf of with the Florida Department of Environmental Environmental Protection Agency (EPA), for grant proposed vacuum sewer system construction project. SECTION 2: That Frank A. Faison, City Manager, be and is hereby authorized and directed to furnish such information as the FDER or EPA may request in connection with application which herein is authorized to be filed. SECTION 3: That Frank A Faison, City Manager, be and is hereby authorized and directed to execute for the city any and all amendment% and supplements as may be required by' FDER or the EPA in connection with the application which herein is authorized to be filed. APPROVED AND ADOPTED this _,l.4th_ day of_ Sept-~rnh~-, A.D. 1987. ~IA'Y'UR~ - ~/ ' 7~the City C~m~ssiO~f of the' City of Sanford, Florida. A Public Hearing was held in accordance with Notice published in the Evening Herald on August 28, 1987. MINUTES City Commission, Sanford, Florida 537 September 14~ 19 87 Notice is hereby given that a Publ:ic 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 September 14, 1987, tO consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 1884 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, EXTENDING THE MORATORIUM ON ALL TRANSPORTATION IMPACT FEES; ESTABLISHING A TRANSPORTATION IMPACT FEE STUDY; REPEALING ORDINANCE NO. 1856; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. ADVICE TO THE PUBLIC; If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105). H. N. Tamm, Jr. City Clerk Publish: August 28, 1987. ORDINANCE NO. 1884 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, EXTENDING THE MORATORIUM ON ALL TRANSPORTATION IMPACT FEES; ESTABLISHING A TRANSPORTATION IMPACT FEE STUDY; REPEALING ORDINANCE NO. 1856; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at the meeting of August 24, 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. 1884. Commissioner McClanahan moved on the passage and adoption of Ordinance No. 1884. 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 Nay Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, has passed and adopted said Ordinance No. 1884, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, EXTENDING THE MORATORIUM ON ALL TRANSPORTATION IMPACT FEES; ESTABLISHING A TRANSPORTATION IMPACT FEE STUDY; REPEALING ORDINANCE NO. 1856; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The Chairman introduced the members of the Bi-centennial Constitution Committee Judge Joe Davis, Dave Farr, Mrs. Clark Korgon and Wayne Doyle. The Preamble to the Constitution was read by Judge Joe Davis. Dave Farr requested the MaYor and the Commissioners to sign the Constitution as well as all the citizens of Sanford. Dave Farr noted that the Constitution would be presented to the Commission and asked that it be placed in a time capsule at a suitable building. Mayor Smith proclaimed September 13-20, 1987 as United States Constitution Week in MINUTES City Commission, Sanford, Florida September 14, 19 87 the City of Sanford.. The ChairmAn called a recessed from 8:20 to 8:35 p.m. The Chairman called the meeting to order. The Commission considered a request for annexation from SAN-FLA Investors, Ltd of a portion of that certain property lying between Narcissus Avenue and State Road 46 and lying West of and abutting Rand Yard Road. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed annexation. The City Manager recommended approval. Commissioner Mercer moved to authorize the City Attorney to prepare the proper ordinance for said annexation. 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 next considered a request from Dewey and Edna Smith for conditional use for the sale of alcoholic beverage for consumption on premises located at 1509 West 13th Street in a GC-2 zone. The recommendation from Planning and Zoning Commission was to deny said request. Commissioner Mercer moved to deny said request. Seconded by Commissioner Thomas and carried by the vote of the Commission, as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea The Commission considered a request for sale of alcoholic beverages for consumption on premises for a sub-shop located at 1538 French Avenue in Sanford Centre in a GC-2 zone. The Police Chief and the Planning and Zoning Commission recommended approval of' the request. Commissioner McClanahan moved to'authorize said request. Seconded by Commissioner Thomas and carried by the vote of the Commission, as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea On motion of Commissioner Thomas, seconded by Commissioner Mercer and carried by the vote of the Commission, as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Payment of statements for items a, d, and e and award of bid items b & c were authorized as follows: MINUTES City Commission, Sanford, Florida 539 September 14: 19 87 Se University of South Florida for payment on Agreement "Westside Neighborhood Strategy (WINS). Task Phase I Phase II in the amount of ................. $ 9,420.00 be Bid Opening #86/86-58 - Chlorine Analyzer - The only bid response was from Blankenship & Associates. Ce Bid Opening #86/87-59 - Handgun/Accessories Bid - Sealed bids opened August 25, 1987 for 55 Sig Sauer 9mm caliber, 1 6-shot, semi-auto pistols and related holsters. de Se fe Stenstrom, McIntosh, Julian, Colbert & Whigham, P.A. for professional services for the month of July 1987 in the amount of ................................. $ 4,398.45 Burke and Bales Associates, Inc. for architectural services based upon completion of the preliminary design .................................... $ 4,415.00 Howard, Needles, Tammen & Bergendoff - professional engineering services performed in connection with preparation of a Downtown Parking & Traffic Cir- culation Study ............................ $ 625.00 BID I'AIJULA'I'ION Jill) LILLE Police tlandc~lns/hccessories r..,mi.z'sorlUAl'~,~m:i'mSllp,,~lztl~J:plwmt~.lpuo OPENED DY:. ~alt S~in ~um .~. ~.,~ ~.,, ~ ~ ur~ TABULATED BY' Chief l~rriett OPENING DATE 8/25/87 TIME 2:00 -,,~~~,a~m~ VERIFIED ~Y: Captain F~g~ POSTING TIME~DATE FROM: ' /~UNTIL ,/- PAGE [ OF ' [ PAGE[Si P226 I,ESS NET ..... BIDDERS J~4qlX~/N$T}U%DE-IN COSq~ !DLSTERS' POUCHES TOTAL SET TOTAL BID DELIVERY MASZK' S 60-90 BUNNELL 512.50 ll0.00 402.50 41.50 14.45 458.45. 25,21~ .7~ DAYS BID DOES , LAW ~qFORC~qT NOT MEET . NOT MEETIN 3 SPECS KANSAS CITY ~pF, t"'q 410.82 180.00 230.82 39.45 13.75 284.02 15,621.10 t0-60 DAYS KENNEDY & KF~iNEDY - i LAKE PARK, FL 489.95 163.00 326.95 45.46 15.56 387.97 21,338.35 60 DAYS IJ~lI~qS & SIIOOTERS 30-150 [ VE}~O BEACll, FL 483.43 102.00 ' 381.43 37.67 10.37 429.47 2~j-6-~J~,5 DAYS i OAKS WIDL 'ESAI £ 30-90 ~ f~OCKLEDGE, FL 486.110 160.00 326.00 41.i)0 12.00 379.00 20,845.00 DAYS I R & R UNI~DF{tS 461.27 120.00 367.27 41.17 12.71 421.15 ~ 4/88 " i [,VIKING NO BID i BANNER ...... 40.75 14.50 .... : ATLANTA, GA' CII~CLED HtlCII llIDICATES At, ARB * BID DO??.S NOT MEET SPECS. ~__~r.~~ 17 REQUESTS - 8 RESI~DNSES lllO NUMI]ER 8~'/~, ? __CF OPENING DATE {/f ~/'¢'7 TIME POSTING TIME/DATE FROM: UID i ALIULA'I'IOIXl /--UNlit /__ TABULATED BY:_ VERIFIED DY:.. PAGE, , / OF- / , PAGEIS) I L MINUTES City Commission, Sanford, Florida Sept~ember 14, _ as follows~ Stenstrom, Mclntosh, Julian, Colbert Whigham, F. X. Xttornevs and Counsellors at Law Douglas Stenstrom Kenneth ~. Mclntosh Ned N. Julian, Jr. %~illiar~ L. Colbert prank C.~Zhigham Clayton D. Simmons Thomas E.Whigham Robert K. Mclntosh Strife 22 Stm gank Fost Office Box 1330 Sanford. Florida 327/2-1330 (305) 322-2171 Mr. Frank A. Faison City Manager City of Sanford Post Office Box 1778 Sanford, Florida 32772-1778 September 10, 1987 Re: Lake Jessup Joint Venture - City of Sanford Dear Frank: The purpose of this letter is to update the information previously provided and to make a reconumendation concerning the purchase of the wastewater effluent disposal site. As you know, the boundary survey prepared by McIntosh and Associates revealed that approximately 325 acres of the property lies below (lakeward) the ordinary high water mark of Lake J.essup~ The notes on the survey and a letter from the Department of Natural-~ Resources of the State of Florida further revealed that the State claimed sovereignty (ownership) over the land below the high water line. The legal effect of the disclosure of the DNR claim is to render the title to the property unmarketable and uninsurable unless the DNR signs a quit claim deed or disclaimer of any interest in the property. The sellers and I have each discussed the possibility of obtaining a ~uit claim deed or disclaimer with Jim McFartand of DNR. We have both been advised that it is "against policy" and I conclude that the potential for-obtaining a release is remote. The DNR claim does not mean that the Lake Jessup Joint Venture does not own the property below the ordinary high water mark. They and their predecessors in title have a deed to the property and have been paying taxes on it for years. The DNR claim means the title to the lowland is clouded and thereafore uninsurable. The title to the uplands (1,868.312 acres) is clear and therefore is insurable. I discussed the effect of the DNR claim on the fair market value of the property with Red Waller of Pardue, Heid, Church, Smith & Waller, Inc. He indicated that the $3,500,000 estimate of value in his report was only based on land above the ordinary high water mark and the fact that some of the land is below the ordinary high water mark would not change his opinion of the overall value of the property. A copy of his letter is enclosed. I discussed the effect of the DNR claim on the contemplated use and disposal capacity of the property with Cal Conklin of Conklin, Porter and Holmes Engineers, Inc. He indicated it would not have any impact on the contemplated use or the effluent disposal capacity of the property. A copy of his letter is enclosed. 19 87 MINUTES City Commission, Sanford, Florida 541 September 14, 19 87 The contract with the sellers contains an adjustment clause to adjust the price in the event the property owned was greater or less than 2,200 acres. In my opinion it is inapplicable here because what has been disclosed is in the nature of a title defect and is not conclusive as to the quanity of land owned. The City could take the position that as a title defect, the seller would have 120 days to attempt to cure it and if it could not be cured the City could rescind the contract or buy the property "as is". As I indicated above, based on my conversation with the DNR, I conclude the likelihood of curing the problem is remote. Since the City needs the property as a wastewater effluent disposal site and based on the fact that the appraiser says its fair market value is still $3,500,000 and the engineer says that the use and capacity of the property are undiminished by the DNR claim, I recommend that the City proceed with the purchase for the .amount originally specified in the contract plus interest from September 1, 1987 (the-original scheduled date of closing) to September.15, 1987. As always, if you have any ~estions, please call. Sincerely, STENSTROM, McINTOSH, JULIa, COLBERT, ~IGH~ & SIMMONS, P.A. W!LLi~ L. COLBERT }~C/mjs encs. as originallY agreed. Commission, as follows: Commissioner McClanahan moved to authorize the City to proceed with the purchase Seconded by Commissioner Thomas and carried by the vote of the Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Naye Yea Yea Yea The Commission next considered two appointments to the Sanford Airport Authority for terms of four (4) years each. Commissioner McClanahan moved to authorize the reappointment of Kay Shoemaker. 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 McClanahan moved to appoint William Bush, Jr. to the Sanford Airport Authority.. Seconded by Commissioner Thomas and carried by the vote of the CommissiOn as fOllows: MINUTES City Commission, Sanford, Florida September 14, 19 2tl Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Nay: Yea Yea Yea Yea The Commission authorized a letter of appreciation to Henry Schumacher for his service to the Sanford AirPort Authority. The next item of business was the consideration of a Seminole County/City of Sanford Community Development Block grant Inter-Local Agreement, for "pass through" funds in amount of $35,000 for updating the 1968 Engineering Study of the Mill Creek Drainage Basin Study. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed grant. No one appeared. Commissioner Thomas moved to authorize Mayor to execute said agreement. 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 considered the request from Ms. Linda Banks, United Way Chairperson, South Seminole Community Hospital for free use of the Civic Center for a United Way Fund Raiser to be held on October 10, 1987. Commissioner Mercer moved to authorize said use of Civic Center. 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 considered the request for a right-of-way use permit from McKee Development Company to use a section of Bevier Road South of the RR ROW for installation of a stabilized fire lane. Commissioner Thomas moved to authorize 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 The City Manager submitted a tabulation of bids for a flail mower and recommended the low bid meeting specifications in the amount of $14,435.00 from Volusia Ford Tractor. Copy of Bid Tabulation submitted as follows: MINUTES City Commission, Sanford, Florida 543 S_eptembor ]4, 1987 · .IIID ]ITLE Flai] Mower r^,u,e~.,=^,,~.~r...,,.~.,..r.~,~ ~ ~lala IIO.I)ISI, na,l~ K~I~, ~N~. OPENED BY: _ w~ ~ t Shearin BID NUMBER R~/R*-55 fl ~ur~ m~' ~'m~" ~ ~rx~ ~ ~= ~ ~ n,,~o,.,o~ ~ TABULATED BY:2erry Iterman OPENING DATE 9/2/87 TIME, 2:00 pm ~"'~~a~mm~ m~. VERIFIED flY' ~OSTING TIME/DATE FROM: /--UNTIL.,, /-,' PAGE ~ OF ~ PAGE~S BIDDERS TERMS Mower Del Dte kll Ford Tractor NO BZI) ': Deland '-- · ...... Volusia F Tractor ~4,435.00i 90 dys Clairmont Fie]ds Equip I]1,762.00 30 dys t ltood Tractor OFlan0o o,950.00 30, dys Pounds Motor' "' L7 275.00 45-60 dy Winter Garden ims ' ~o~lnson Equip Co L5,989.00 45 dys 6 requests 6 responses Commissioner Thomas moved to accept bid as recommended by the City Manager. 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 Request submitted frOm Wharton Smith, Inc. for payment of Pay Application No. 14 in amount of $67,931.38. Commissioner McClanahan moved to authorize said payment from the Construction Trust Fund. 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 recommended the annexation of a City park !yzng South of and abutting Florida Avenue and between vacated The Crossway and Orlando Drive. Commissioner Thomas moved to authorized the Mayor to execute a petition for said Seconded by Commissioner McClanahan and carried by the vote of the Commission, annexation. as follows: 10, 1987. as follows: Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea Commissioner Thomas moved to approve the Minutes of July 27, August 3, and August Seconded by Commissioner McClanahan and carried by the vote of the Commission, Commissioner Eckstein Commissioner Mercer Commissioner Thomas Commissioner McClanahan Mayor Smith Yea Yea Yea Yea Yea 544 MINUTES Sept_ember 14, CiW Commission, San~rd, Flofida The City Manager recommended an Inter-Local Agreement with Seminole County for improvements to Bevier Road and stated that Sanford's share of the cost is approximately $60,000. Copy of the agreement is as follows: ROAD MAINTENANCE AND RIGHT-OF-WAY DEDICATION INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF SANFORD THIS AGREEMENT, entered into this 14th day of ~*~mh~ , 1987 by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1!01 East First Street, Sanford, Florida 32771, (hereinafter "COUNTY") and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 N. Park Avenue, Sanford, Florida 32771, (hereinafter "CITY"). W I T N E S S E T H: WHEREAS, the parties hereto have the common power to construct and maintain roads within their geographical jurisdic- tions; ~nd -. - WEEREA~, certain local roads are located partially in the COUNTY and partia~ly in the CIT~; 'and WHEREAS, certain roads in the COUNTY road system are located within the jurisdictional boundaries of the CITY; and WHERF3.S, the COUNTY and the CITY are agreeable to transfering full functional responsib!i!ity for a portion of Bevier Road (located partially in COUNTY and partially in CITY) to the CITY_; and WHEREAS, the CITY desires to cooperate %,ith the COUNTY in acquiring necessary right-of-way for the expansion and upgrading of roads in the COUNTY. road system which are located within the juris- dictional boundaries of the CITY; and WHEREAS, certain developments require the issuance of right-of-way utilization permits in order to proceed; and ~-EEREAS, this Agreement is authorized pursuant to the provisions of Section 163.01, Florida Statutes, which authorizes the exercise by Agreement of two or more public agencies of any power common to them. 19 87 MINUTES City Commission, Sanford, Florida September 14, 545 1987 NOW, T~EREFORE, in consideration of the promises and the mutual covenants contained herein to be undertaken by the respec- tive parties hereto, the parties mutually agree and covenant as follows: SECTION 1. PURPOSE. The purpose of this Agreement is for the COUNTY to assign and transfer full functional responsibil- ity for a portion of Bevier Road, which is located partially in the COUNTY and partially in the CITY, to the CITY. SECTION 2. TRANSFER OF RESPONSIBILITY. Upon the date that this Agreement is executed by both parties, the CITY shall have the responsibility for the operation and maintenance of that portion of Bevier Road lying between State Road 46 and Jewett Lane. All of the COUNTY's responsibilities and obligations as to said portion of Bevier Road shall be assumed by the CITY. In addition to the transfer of authority t0 the CITY provided for herein, the parties shall jointly apply, in accordance with the provisions of Section 335.04(1) (b)4, Florida Statutes, to the Florida Department of Trmnsportation for the Department to functionally evaluate Bevier Road and classify said portion of Bevier Road ms a CITY street; provided, howevez,_ ~hat the results of such application shall not affect the provisions of this Agreement. SECTION 3. PAVING OF BEVIER ROAD. Within one hundred twenty (120) days of the effective date of this Agreement, the CITY shall cause the roadbed of Bevier Road to be paved with twenty-four feet (24') of pavement width said paving to be accomplished in conformity with Bevier Road reconstruction plans to be submitted to the County Engineer for, and subject to, his approval. SECTION 4. REQUIREMENTS AS TO LON RESEARCH. The CITY shall, within five (5) days of the date that this Agreement is exe- cuted, obtain from the developer of that development within the CITY known as the LON RESEARCH development, the dedication to the COUNTY of a thirty foot (30') one-half right-of-way for Bevier Road as to all property owned by the developer of said development abutting Bevier Road. -2- 546 MINUTES City Commission, Sanford, Florida September 14, 19 87 SECTION 5. FUTURE BEVIER ROAD DEVELOPMENT. The CITY covenants and agrees with the COUNTY that all developers of prop- erty located within the CITY or within the COUNTY whose property abuts Bevier Road shall be required, as a condition precedent to development approval, to dedicate to the COUNTY a thirty-five foot (35') one-half (1/2) right-of-way as to all property owned by any developer developing property abutting Bevier Road. After such time as the Florida Department of Transportation shall functionally reclassify Bevier Road as a City street such dedications' shall be made'to the CITY. SECTION 6. OTHER COUNTY ROADS WITHIN THE CITY. As to all othe~ roads within the County road system, when any development occurs on or upon any property located within the jurisidictiona! boundaries of the CITY which property abuts a road within the County road systemi the CITY to the extent of its ability, agrees with the COUNTY that, as a condition precedent to development approval, the owner of said property shall be required to dedicate to the COUNTY a one-half (1/2) right-of-way consistent with the future right-of-way requirements of the .Seminole County road system as set -forth in the .Seminole County- Planning Guidelines for Transportation. SECTION 7. CITY ROADS ABUTTING.DEVELOPMENT IN THE .COUNTY. COUNTY agrees that it will, when any development occurs on property located within the jurisdictional boundaries of the COUNTY which property abuts a CITY Street, to the extent.of its ability, require, as a condition precedent to development approval, the owner of said property to dedicate to the CITY a one-half (1/2) right-of-way consistent with future right-of-way requirements of the CITY. SECTION 8. LIMITATIONS OF AGREEMENT. (a) It is not the intent of this Agreement to change the jurisdiction of the parties in any manner except as specifically provided for herein. All other policies, rules, regulations and -3- MINUTES 5 4 7 City Commission, Sanford, Florida September 14, 1987 ordinances of the COUNTY and the CITY will continue to apply as to properties located within the jurisdictional boundaries of each party hereto. The maintenance of side roads, street name signs and stop signs are the responsibility of the party in which they are located. (b) Should the Florida Department of Transportation functionally reclassify Bevier Road as a collector road in the future and reclassify Bevier Road into the County road system, such determination shall prevail over the terms of this Agreement. SECTION 9. EMPLOYEE STATUS. Persons employed by the CITY'in the performance of services and functions pursuant to this Agreement shall not be deemed to be. COUNTY employees nor shall they have any claim to pension, worker's compensation, civil service or other employee rights or privileges granted by the COUNTY to its officers and-employees. SECTION 10. INDEMNIFICATION. Neither party to this Agreement, its officers, employees or agents shall be deemed to assume any liability for the acts, omissions or negI~gence of the other party, its officers, employees or agents. SECTION 11. NOTICES. Whenever-either party desires to give notice unto the other, notice may be sent to: FOR COUNTY Kenneth R. ~ooper County Administrator Seminole County Services Building 1101 East First Street Sanford, Florida 32771 FOR CITY Frank A. Faison City Manager City of Sanford 300 N. Park Avenue Sanford, Florida 32771 SECTION 12. EFFECTIVE DATE. This Agreement shall take effect on the date that it is executed by both parties hereto. 548 MINUTES City Commission, Sanford, Florida September 14, 19 87_ IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first above written. ATTEST: CITY OF SANFORD BETTYE 9'. SMITH, Mayor Date: ~/' /27/-~ 7 ATTEST: DAVID ~ ~/RRI Clerk to t~e Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. - ty Attorne~- - LNG/gg '082487 RAM/g g 090487 BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA · By: ~ n FRED'W. STREETMAN, JR., Chal.ma Date: ~,/ As authorized for execution by the Board of Cou)u. uDty.Co~mis- sioners at their _~Q~. ~ , 19_~_O, regular me~-~in~. Commissioner McClanahan moved to authorize the Mayor to execute said agreement. 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 recommended to submit an application to the Historical Resource Division for a grant for the Cultural Art Center. Commissioner McClanahan moved to authorize application be submitted. 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 There being no further business, the meeting was adjourned. Y O R ' ATTEST: