HomeMy WebLinkAbout051456-Regular Session MINUTES
City Commission, Sanford, Florida,
May 14 .at 8 P.N. 19.56
The City Commission of t he City of Sanford, Florida, met in regular session at the
City Hall in the City of Sanford, Florida, at 8:00 o'clock P. N. May l~, 1956.
Present: C6mmissioner F. D. Scott, Mayor
" David N. Gatchel
" Earl Hi g gi nb otham
" John S. Krider, St.,
City Art orney W. C. Hutchison, Jr.
City Clerk H. N. Sayer
City Manager W. E. Knowles
Chief of Police R. G. Wil].iams
Meeting called to order by the Chairman.
On motion of Commissioner Higginbotham, seconded by Commissioner Catchel and carried,
minutes of regular meetings of April 9 and 23, i956, approved.
Consideration next given to appointing a City Commissioner to fill the vacancy created
by t he resignation of Jack Ratigan, to serve until next general election to be held on
November 6, 1956.
Thereupon Commissioner Higginbotham nominated A. L. Wilson.
Seconded by Commissioner
Gatchel.
There being no further nominations, Commission er Krider moved that the nomination be
closed. Seconded by Commissioner Higginbotham.
The roll was then called on the appointment of A. L. Wilson as City Commissioner, the
vote being as follows:
Commissioner Scott Aye
" Gatchel Aye
" Higginbotham Aye
" Krlder Aye
Thereupon A. L. Wilson was declared to be the duly appointed City Commissioner to
serve until next general election to be held on November 6, 1956.
Mr. Wilson then signed the oath of office and was seated as a Commissioner of the
City of Sanford, Florida.
The next order of business being a public heari~ to consider rezoni~g the property
as proposed and described in t he following legal "Notice" published in the San~rd Herald on
April 27 and May i~, 1956:
NOTICE OF PUBLIC HEARING ON PROPOSED CHANGES
AR~ AMENDMENTS IN CERTAIN DISTRICTS AND BOUN-
DARIES OF THE ZONING ORDINANCE OF THE CITY OF
BANFORD, FLORIDA
Notice is t~reby given that a Public Hearing will be held at the office of the City
Commission in the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. N. May l~,
1956, to consider the following changes and amendments to the. ZoniNg Ordinance of the City
of Sanford, Florida:
(a)
The property zoned in District R-1-B (Single-Family) located on East
side of French Avenue between Katherine Court and 24th Street, is
proposed to be changed to C-1 (Commercial-Retail) District. Said
property being more particularly described as the West d0 feet of
Lots 4 and lO of Block 9, Highland Park.
(b)
The property zoned in District C-2 (Commercial-Industrial) and em-
braced as follows is proposed to be changed to R-1-X (Single-Family)
District: Beginning at point of intersection of North property line
of West First Street with the East property line of Tamarind Avenue,
run thence North to the South property line of Commercial Street,
th_ence East to the East property line of Oleander Avenue, thence
North to the Northwest corner of Block 2 of Tier 17, E. ;R. Trafford's
Nap, thence East to the East property line of Mangoustine Avenue,
thence North to the South property line of Fulton Street, Thence
East to the Northeast corner of Lot 7 of Block Y, St. Gertrude's
Addition, thence South to the North property line of First Street,
thence West to point of beginning. Said !~roperty being more par-
ticularly described as all of Block 2 of Tier 17; all of Block 2
Tier 18; all of Block 2 of Tier 19; all of Block 2 of Tier 20;
all of Block 2 of Tier 21, of E. R. Trafford's Map; and Lots 7
and 8 of Block Y, of St. Gertrude's Addition.
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City Commission, Sanford, Florida, May 14 at 8 P. N.
56
47
All 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, this 24th day of
April, 1956
s/ H. N. Sayer
As City Clerk of the
City of Sanford, Florida.
(PUBLISPED AS A LEGAL ADVERTISEMENT IN THE SANFORD HERALD ON DATES OF
APRIL 25, MAY 2, 1956)
The Chairman then announced that the City Commission would be glad to hear from anyone
in favor of, or against rezoning the property as proposed and described in paragraph (a)
of the foregoing notice.
There being no objections registered, Commissioner Gatchel moved that the property
described in paragraph (a) be rezoned as advertised, and that the City Attorney prepare the
necessary ordinance for adoption. Seconded by Commissioner Higginbotham and carried.
The Chairman next announced that the Commission would be glad to hear from anyone in
favor of, or against rezoning the property as proposed and described in paragraph (b) of
the foregoing notice.
There being no objections registered, Commissioner Higginbotham moved that the
property described in paragraph (b) be rezoned as advertised, and that the City Attorney
prepare the necessary ordinance for adoption. Seconded by Commissioner Kr~.der and carried.
The Chairman next announced that the Commission would be glad to hear from anyone in
favor of, or against rezoning the property as proposed and described in paragraph (c) of
the foregoing notice.
Attorney A. Edwin Shinholser, representing the property owners who petitioned t he
Zoning and Planning Commiaalon to rezone the property described in paragraph (c) , next
spoke in favor of rezoning it from C-2 (Commercial-Ihdustrial) to R-1-X (Single Family)
Residential, as proposed in the notice. He pointed out that this property is already
"residential in character if not in zone", and has been occupied as such for a long period
of time, and stated that it should have been classified as residential in the original
Zoning. Mr. Shinholser stated that the residents were not cognizant of the property usage
in a C-2 zone un'oil Mr. Otto McDaniel recently purchased one of the dwellings in the
neighborhood, together with ~e vacant lot adJacen~ thereto for the purpose of erecting and
operating a public garage and body shop thereon. He further s~ated that the residents would
suffer material depreciation and detriment from such usage, and that their homes represented
an investment of wellover ~100,000.00 in comparison to approximately $10,000.00 by
McDaniel. Mr. Shiffholser then cited the powers vested in the Commission to fezone an area
for the health and welfare of t he citizens therein, and requested the Board to fezone the
property in question to residential usage only, advising tha~ the residents would be willing
for it to be zoned for Multiple - Family, as long as it is residential.
Attorney Mack N. Cleveland Jr., representing Mr. Otto McDaniel, owner of Lots 12 and
13 of Block Y, S~. Gertrude's Addition, located within the area proposed to be rezoned,
next protested against rezoning his property to residential. He pointed out that the property
in question had been zoned for usage under C-2 classification since DeCember 26, 1944, and
that prior to that time two public hearings were conducted for the purpose of creating s aid
zone, and that the records show that none of the residents appeared and registered a protest
to such classification of their property. Mr. Cleveland stated that Mr. NcDaniel had recently
MINUTES
City Commission, Sanford,'Florida, ~la~ 14 at 8 P. M.
19, 56
purchased his property for the purpose of erecting and operating a public garage thereon, but
not a body shop, and had invested over $10,000.00 in the two lots in order to acquire the site
for such usage. He also pointed out that one of the residents who signed the petition to
have the area rezoned to 'residential was operating a public cabinet shop in rear of his dwell-
ing, and stated that he did not believe a garage would be anymore obnoxious than the cabinet
shop. Mr. Cleveland also cited the recent growth of Sanford and stated that the property in
question should remain under C-2 classification for the future expansion and development of
commercial and industrial business, pointing out that it is located ona state highway and
the only one leading into the city from the western part of the state
Thereupon after discussion and careful consideration, Commissioner Higginbotham moved
that in view of the property described in paragraph (c) having been originally zoned C-2
(Commercial-Industrial), and of the public hearings conducted at that time to give the
property owners an opportunity to object to such classification of their .property, at which
no objections vats registered, that the property remain C-2 (Commercial-Industrial) and the
request for rezoning it to mesidential be denied. Seconded by Commissioner Gatchel.
Commissioner Higginbotham then moved that action be tabled temporarily on the foregoing
motion in order to reconsider the action taken on rezoning the property described in para-
graph (b) of the notice, since it is adjacent to and an extension of the property described
in paragraph (c) . Seconded by Commissioner C-atchel and carried.
Thereupon after consideration, and in view of the fact that rezoning the property
under paragraph (b) would create ~spot zoning", Commissioner Gatchel moved that the action
taken to fezone said property to R-1-X (Single Family) Residential, be rescinded. Seconded
by Commissioner Higginbotham and carried. Commissioners Krider and Wilson not voting.
The roll was then called on the motion to deny the request to fezone the property
under paragraph (c) , which carried with Commissioners Krider and Wilson not Voting.
Letter next submitted from Alfred W. H. Stanley, 'tendering his resignation as a
member of the Zoning and planning Commission, and on motion of Commissioner Higginbotham,,
Seconded by Commissioner Gatchel, same was accepted with regrets.
Mr. Thomas Yardley, representative of HenQrix & Mayera, INC., of Birmingham, Ala.,
next appeared and outlined their proposal to act as fiscal agents and financial advisors
for the City, if it should decide to file application with the Federal Power Commission to
distribute natural gas in the community when it becomes available. He advised that it would
probably be 2½ years before natural aEas would be available for Sanford, but the City should
start now with the feasibility investigations.
After discussion Mayor Scott advised Mr. Yardley that the present gas system in
Sanford is being operated by Sanford Gas Company 'under franchise, and since this private
enterprise has indicated its desire and intent ira to the Comm3. ssion to distribute natural
gas when ! t becomes available, the City is not in a position to take any action on their
proposal until ascertaining whether or not the Sanford Gas Company has made any arrangements
for such distribution.
The following letter of recommendation next submitted from the Zoning and Planning
Board for the Commission to hold a Public Hearing to consider rezoning on east side of
Mellonville Avenue between 8th Street and Celery Avenue, in order to allow construction
of the proposed dormitory of the New York Giants:
MINUTES
City Commission, Sanford, Florida,
May 14 at 8 P. M.
19 56
49
l~.:y 10, 1956.
Honorable City Commission,
City Hall
Banford, Florida.
Gentlemen:
The Zoning and Planning Commission have recommerded that Lots lO,
ll, 12, 13, 22, 23 and 24 of Pace Acres be fezned from R1-A to R2.
The purpose of this rezoning would be to allow multiple dwelling
units to be constructed.
The specific construction being considered is a dormitory type
building at the southeast corner of Nellonville Avenue and 8th
Street by the New York Giants.
Very truly yours
A L WILSON, Secretary
CITY ZONING AND PLANNING COMMISSION
After discussion Commissioner Krider moved that a Public Hearing be held at 8:00
o'clock P. M. June A~, 1956, to consider rezoning the property as recommended by the Zoning
and Planning Commissi on. Seconded by Commissioner Higginbotham and carried.
Howard L. Hughes, owner of Lots I thru 10, the east one-half of ll and 3A~ and all of
35 of Block 9, Dreamwold, located at southwest corner of French Avenue and 25th Street, of
which Lots i thru 5 facing French Avenue are zoned Commercial-Retail, Lots 6 thru 9-A
Transient-Commercial, and the remaining lots in rear Residential, next appeared with further
reference to the. Zoning and Planning Board's denial of his request that all be zoned for
business. Mr. Hughes advised that he had at least six prospects to either purchase or lease
this property for the purpose of erecting and operating a large retail business thereon
which would not be undesirable to,.the::~residents in that area, and stated that if the rear
lots were rezoned from residential to transient-commercial it wou~allow the type of pro-
posed retail business to utilize all of the property, which he said was needed for sufficient
depth.
At this time the following letter was submitted from the Zoning and Planning Commission
notifying the City Commission of its action on denying the request of Mr. Hughes to fezone
the property in question:
City Commission
City Hall
Banford, Florida.
Gentlemen:
May 14, 1956
Very truly yours
A. L. Wilson,
Secretary
The City Manager then submitted a report from Robert S. Brown, Chairman of the Zoning
and Planning Commission, explaining the Board's reason for denying Mr. Hughes' request, in
which he advised that 29 of the residents wit h the area appeared at one of the meetings
and voiced their protest.
Jimmy Wright, member of the Zoning and Planning Commission also explained the B~rd's
This is to certify that Mr. Howard Hughes has presented to the Zoning
and Planning Commission a request to fezone the east one-half of lots
ll and 34 and all of Lots l0 and 35 from their present R1-A Classifi-
cation to C-1. This request has been prese~ ed to the Zoning and Plan-
ning Commission on two occasions, namely the meeting of June 16, 1955
and April 5, 1956. At both meetings the Zoning and Planning Commission
denied the request.
50
Bishep IJrIlce EtlulvuzeuL C~., hxc,, Oxl,thdo, Fl~.zlda
MINUTES
City Commission, Sanford, Florida,
May 14 at 8 P.M. 19. 56
Thereupon after discussion .Comr~issioner Krider moved that a Public Headring be he].d
at 8~00 o'clock P. M., June 4, 1956, to consider rezoning the rear lots of the property in
question from R-1-A (Single-Family) Residential to C-T (Transient-Commercial). Seconded by
Commissioner Higginbotham and carried. Commissioner Wilson not vot-l. ng.
On motion of Commissioner Higginbotham, seconded by Commissioner Gatchel and carried,
W. E. Kirchhoff Jr., *was next re-appointed as a Commissioner of the Sanford Housing Authority
for another three-year term.
Letter next submitted from WiliI_ie F. Hunt tendering his resignation as a Commissioner
of the Banford Housing Authority, and on motion of Commissioner Higginbotham, seconded by
Commissioner Krider and carried, same was accepted with regrets.
On motion of Commissioner Krider, seconded by Commissioner Gatchel and carried, the
Commission next appointed. John D. Ivey as a Commissioner of the Banford Housing Authority to
fill the unexpired term of Willie F. Hunt.
Resignation next submitted from A. L. Wilson as a member of the Zoning and Planning Com-
mission, and also as a member of the Zoning Board of Adjustment, due to having been appointed
City Commissioner, and on motion of Commissioner Higginbotham, seconded by Commissioner
Gatchel and carried., same was accepted.
Application next submitted. from Squire Wright for permit to sell beer and wines, for
consumption off the premises, at 1010 Hickory Avenue and on motion of Commissioner Higginbotham,
seconded by Commissioner Krider and carried, s a~e was approved upon recommendation of Chief
of Police.
Application next submitted for transfer ofbeer and wines license at 601 E First Stree~
from Helen Cots tantine to Dialthia Yow, and on motion of Commissioner Higginbotham, seconded
by Commissioner Gatchel and carried, same was appr~'ed upon recommendation of Chief of Police.
Request next submitted from L. J. Frisque of 1406 Cypress Avenue for the City to re-
energize the existing white~my light in front of his home ~,~hich was discontinued some years
ago, and on motion of Commissioner Krider, seconded by Commlsioner Higginbotham and carried,
same was authorized upon recommendation of the City Manager.
Pursuant to i~s tructions of the Commission at meeting of April 23, the City Manager
next submitted cost estimate of $650.00 for constructing a concrete ramp in the municipal
boat basin for launching small boats. The proposed ramp being 12 ft.in width at top elevation,
30 ft. at base, with average of 55 ft. in length.
At this time a representative of the Sanford Boat and Ski Club pointed out the need
for such a ramp, and recommended that it be constructed immediately.
Harry Robson, operator of a local sporting goods store, also spoke .in favor of the
ramp and predicted t hat it ~uld bring a magnitude of boating business. to Sanford.
After discussion and consideration, it~as felt that the proposed ramp is a much needed
improvement, and Commissioner Krider moved the authorization for constructing it immediately,
and further moved that the cost be paid from the Contingent fund since no funds were appro-
priated for such purpose in the current budget. Seconded by Commissioner Higginbotham and
carried.
The following proposal next submitted from John M. Fitzpatrick, Certified Public Ac-
countant, for auditing the City records in accordance with the advertisement for bids published
n the Sanford Herald under date of April 6, 1956:
MINUTES
City Commission, Sanford, Florida, May 14, at 8 P. N.
19.__
56
51
May 2, 1956
Board of City Commissioners
Sanford, Florida.
Gent leme n:
In response to your advertisement appearing in The Sanford Herald regarding
a proposal for an audit of the records of the City of Sanford, Florida,
for the year ending September 30, 1956, I propose to make an examination
of the recorded receipts and disbursements for the year in accordance with
such audit procedures as are generally p~ecribed and accepted for the ex-
amination of municipal accounts and to the extent I deem necessary under
the circumstances.
My charges will be based on my regular hourly rates, as follows:
C.P.A. in Charge $7.50 an hour
C.P.A. Assisting 5.00," "
All Other Assistants 2.50
I believe such an examination can be completed and 25 copies of a report
rendered at a cost not to exceed $2,000.00. However, if the examination
discloses any involved irregularities not contemplated in this proposal,
I will so advise the commission before extending the scope of my exami-
nat i on.
Respectfully submitted,
s/ John M. Fitzpatrick, CPA
Thereupon after discussion, and in view of no other proposals having been submitted,
Commissioner Krider moved that John N. Fitzpatrick be employed to s~dit the City's records
in accordance with generally accepted auditing standards applicable to municipal accounting,
for a three-year period at a fee not to exceed 42,000.00 annually. Seconded by.Commissioner
Higginbotham and carried.
Herbert Cherry, colored, next appeared and requested a commitment from the Commission
toward constructing a swimming pool for colored people in the. new Goldsboro Recreation Area.
He cited t he need for a swimming pool for t he colored children, pointing out that they do
not have any place at all to swim.
After discussion, the Mayor explained that due to lack of funds the City was not in
a position to make any commitment on the swimmirg pool st this time. Also, that the need for
constructing streets to the new recreation area should have priority over the swimming pool.
Gordon Bradley, Executive Director of Barford Housing Authority, next appeared with
reference to his letter of April 27, salling the Commissioners' attention to the deplorable
condition of the streets surrounding Castle Brewer and William Clark Courts projects, which
the City promised to :,repave last fall ffrom current fiscal year's appropriation for street
materials.
After discussion, in which the City Manager advised t hat t he appropriation for repaving
the streets in question was used for constructing the new public parking lot, the Commission
advised Mr. Bradley that in view of no fund~s being available at this time the repaving of
said streets would have to be deferred until next fiscal year, and assured him that funds
wGald be appropriated for such purpose.
The City Manager next recommended that the Balary of Russell Dallas, Supt., of Utilities,
be increased from $6,000.00 to $6,500.00 annually, effective as of Nay l, in accordance with
the agreement of his employment, which was authorized by the City Commissioner under date of
October 24, 1955. He advised that Mr. Dallas' work has been Ivery satisfactory.
Commissioner Krider then stated that even though the Commission had made this commit-
ment, in view of .~he fact that he voted against it a t the time Mr. Dallas was employed because
he lived outside the City, he could ,not vote in favor of this increase in salary.
'52
'MINUTES
City Commission, Sanford, Florida,
After considerable discussion CommissiOner Higginbotham moved that the City carry thru
/
/
/' with the commitment and increase Mr. Dallas' salary to ~6 500 00 annually in accordance with
, ·
the agreement with him at time of employment. Seconded by Commissioner Gatchel and carried.
Commissioners Krider and Wilson not voting.
On motion of Commissioner Krider, seconded by Comm~.ssioner Higginbotham and carried,
current invoices and payrolls next approved, as evidenced by General Fund. Sanford Atlantic
National Bank Vouchers No$. 8687 thru 8811, and 1 thru 3; General Fund Florida State Bank
Vouchers Nos. 1602 thru 1633; and Water & Sewer Revenue Fund Sanford 'Atlantic National Bank
Vouchers Nos. 78 thru 83.
The City Manager next submitted alleged claim of M. E. Harris in amount of $511.65
for medical expenses incurred as result of injuries substained from falling on sidewalk in
front of 206 Cypress Avenue on January 21, 1.95~.
After careful consideration Commissioner Gatchel moved that the City Attorney be
authorized to offer M. E. Harris the sum of $200.00 in full settlement of the aioresaid
ia!leged claim, with a maximum offer of payment of one-half of the medical expenses amounting
to $511.65. Seconded by Commissioner Higginbotham and carried.
On motion of Commissioner Higginbotham, seconded by Commissioner Krider and carried,
the City Clerk was next authorized to attend the conference of National Municipal Clerks
Association to be held in New Orleans, La., on May 20-25, the expenses in connection therewith
to be borne by the City.
Application next submitted from Wades' Grocery Store ~t 509 E 7th Street for permit
to sell beer and wines in sealed containers, for consumption off the premises, and on motion
of' Commissioner Krider, seconded by Commissioner Higginbotham and carried, same was approved,.
upon recommendation of Chief of Police.
Applicati on next submitted. from Wades' Suprex Market at 254~ S Park A enue for permit
.v
to sellbeer and wines in sealed containers, for consumption off the premises, and on motion
of Commissioner Krider, se~ord ed by Commissioner Higgir~o otham and carried, same was appr oved
upon recommendation of the Chief of Police.
Request next received from Miss Dorothy Powell for the its tallation of a street light
on Cook Avenue between Washington Street and Clinton Avenue, and same was referred to the
City Manager for survey and recommendation.
Request 'next received from Arthur O. Russell for a qui t-claim deed releasing t he re-
verter clause in the deed of conveyance to him of the property at Bouthwest corner 0f Seminole
Boulevard and Holly Avenue which he purchased from the City on February l, 1955, for
purpose of erecting and operating a boat building plant thereon.
After discussion, and on advice of the City Attorney that t he deed requirements had been
fulfllled, Com~Issioner Higginbotham moved the approval of a quit-claim deed to Mr. Russell
the
releasing the ~everter clause in the deed of conveyance, and that/Mayor and Clerk be authorized
to execute same on behalf of t he City.
Commissioner Higginbotham next introduced Ordinance No. 579, e'ntitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,VACATING AND CLOSING
TF~T ·PUBLIC UTILITIES EASEMENT RUNNING NORTH AND SOUTH BETWEEN
KATHERINE COURT AND FRANKLIN STREET BETWEEN LOTS l, 2, ~, 9 AND
10, Ah~ THAT CERTAIN EASEMENT RUNNING EAST A~rD WEST BETWEEN LOTS
~, 5 A~rD 10, ALL IN BLOEK 9, OF HIGHDAND PARK, ACCORDI:~IG TO PLAT
BOOK 4, PAGE 28, SEMINOLE COUNTY PUBLIC RECORDS.
land same was .placed on its first readi~g and read in full.
Office F_~ulpm~:u~ Co.. inc., Ofi~nd~. Florid&
MINUTES
City Commission, Sanford, Florida, May 14 at 8 P. M.
53
Commissioner Higginbot.ham .then moved the waiver of the requirement of the second
readiD~ of said Ordinance No. 579, and that same be placed on its final passage and adoption.
Seconded by Commissioner Gatchel.
Thereupon the question ~;ecurred on the waiver of the seconfi ~ading, the roll was
called and the vote stands aS follows:
Cornmiss ion~:r Scott Aye
" Ga t che I Aye
" Higginbotham Aye
" Krider Aye
" Wilson Aye
Said Ordirance No. 579 was then placed on final passage and ado. ption, the roll was
called and the vote stands as follows:
Commissioner Scott Aye
" Ga t che 1 Aye
" Higginbotham Aye
" Krider Aye
" Wilson Aye
Thereupon the Chairman announced that the City Commission of the City of Sanford,
Florida, by unanimous vote had passed and adopted said Ordinance No. 579, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA VACATING AND CLOSING
THAT PUBLIC UTILITIES EASE~TER~f RUNNING NORTH AND SOUTH BETWEEN
KATHERINE COURT AND FP~kNKLIN STREET BETWEEN LOTS 1, 2, 4, 9 AND
10, AND THAT CERTAIN EASEMENT RUNNING EAST AND WEST BETWEEN LOTS
4, 5 AND 10, ALL IN BLOCK 9 OF HIGHLAND PARK, ACCORDING TO PLAT
BOOK 4 PAGE 28, SEMINOLE COUNTY PUBLIC RECORDS.
On motion of Commissioner Krider, seconded by Commissioner Higginbotham and carried,
the Commission next authorized a quit-claim deed to Salvatore S. Genova, and Mary Genova,
his wife, on Lots 8 and 9 of Block 6, of A. B. Russelt's Addition to Fort Reed, in order to
clear the title. The title to this property having been vested in the City at one time
thru foreclosure of tax liens.
There being no further ~usiness the meeting adjourned.
MAYOR'
ATTEST:"
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