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: