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061454-Regular Session254 MINUTES · ~ . C~ty Commission, Sanford Fords, June 14 at 8 P. ~(. - ~5 The City Commission of City Hall in the City of Sanford, Present: the City of Sanford, Florida, met in regular session at the . ....... Florida, at 8:00 o'clock P. M. June 14, 1954. Commissioner Earl Hlgginbotham, Mayor " J.D. Cordell " John L. Kadet " John 8. Krider, Sr., " W.H. Stemper City Attorney A. Edwin Shinholser City Clerk H. N. Sayer City Manager W. E. Knowles Chief of Police R. G. Williams Meeting called to order by the Chairman. The meeting was then opened with "Prayer" by Rev. W. P. Brooks, Jr. The first order of business b eln~ a hearing on the revocation of 0caupational Li- cense No. 1051 issued to Joseph A. Blake, of Daytona Beach, to engage in business of selling Westinghouse Defrosters for refrigerators, a letter was submitted from Mr. Blake denying the accusations that he had misrepresented himself as being a representative of Westinghouse Die- tributors, ove~-charging for the defrosters, and of improper tactics and methods used in selling the product. Letter was then read from District Manager of Westinghouse Appliances, of Jacksonville advising that they did not manufacture such defrosters and that Mr. Blake was not representirg their company. Letter also read from J. T. Beggarly, local agent for Westinghouse Appliances, advising that Mr. Blake had been misrepresenting himself as working for him. Also, quoted prices on similar defrosters as evidence that Mr. Blake had been over~rging for hie product. D. K. McNab of 618 Elm Avenue also voiced his objections against th% improper methods used by Mr. BlAke in entering homes and attaching the defrosters to refrigerators with- out the consent of housewives, and the htgh pressure tactics used in selling the defrosters. After discussion Commissioner Cordell moved that the Commission revoke the 0c- cupational License issued to Joseph A. Blake, due to the improper tactics he used in selling the defrosters. Seconded by Commissioner Stamper and carried. Ordinance No. 545, entitled: AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 281 OF THE CITY OF SANFORD, FLORIDA, ENTITLED "AN ORDINANCE AMENDING SECTION I OF OR- DINANCE NO. 252 OF THE CITY OF SANFORD, FLORIDA, ENTITLED: 'AN OR- DINANCE PROVIDING THAT NO HORSE, COW OR OTHER GRAZING ANIMAL SHALL BE KEPT, PENNED HOUSED OR STALLED WITHIN 100 FEET OF ANY DWELLING HOUSE OCCUPIED BY OWNER OR TENANT IN THE CITY OF SANFORD, FLORIDA, EXCEPT THAT OF THE OWNER OR KEEPER OF SUCH HORSE, COW OR OTHER GRAZING ANIMAL, AS HEREIN PROVIDED, AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE.' ", PASSED AND ADOPTED BY THE CITY COMMISSION OF SAID CITY ON THE 28TH DAY OF MARCH, 1939. introduced and placed on first reading at the adjourned regular meeting of May 31, next submitted for consideration. 195#, was A total of twelve petitions signed by 288 citizens throughtout the City were then submitted, requesting the Commission to allow the present Ordinance No. 281, relative to keeping livestock within the City, to remain in force as it now stands. F. M. Russell of 2532 Washington Court then spoke in favor of adopting Ordinance No. 555, amending 0rdlnanoe No. 281. He pointed out that the existing ordinance prohibits the keeping of grazing animals within 500 feet of a residence, which is prohibitive in all sections of the City, if enforced, and stated that if it is only enforced against one because of com- plaints it would be discriminating unless it applies to everyone else. Paul C. Marlon of 2555 Washington Court next spoke against the amenment and advised that he had assisted in circulating the twelve petitions among the citizens who objected to MINUTES 255 City Commsson, Sanford Forida June 1~ at 8 H. H. Portner, Jr., of 826 Catalina Drive spoke in favor of the amendment. ,~ Henx-; H. Collier of 1325 Summerlin Avenue spoke in favor of the amendment. K. S. Allman also spoke in favor of the amendment. Edward Cox of 2500 Jefferson Court spoke against the amendment. --. Prank B. Ashdown of 507 Summerlln Avenue voiced his objections against the amendment and advised that he a leo assisted in circulating the twelve petitions among the citizens who indicated their objections by signing them. R. T. Hunt spoke in favor of the amendment, advising that his business had brought him in close contact with grazing animals for the pact 25 years, and he Could see no objections ._ to the amendment. Commissioner Stemper then pointed out that the existing o~dlnance is porhibltlve but no one had stated that they Wished to exclude grazing animals from the City; that the pro- posed amendment was drafted from model ordinances of other cities as being the most practical and reasonable; and that the question is whether or not the citizens want any grazing animals within the City and under what conditions, or, to exclude them altogether. Commissioner Co,dell stated that he felt that the existing ordinance le satisfactory, and that in ~hls opinion the question seems to be whether or not the City is going to change the ordinance for two or three, or abide by the wishes of the majority of the people. Commissioner Krlder then stated that the required distances from dwellings seem to be a matter of opinion and pointed out that DeLand has an ordinance Prohibiting such animals from within 100 yards, and that Orlando has a similar ordinance, and that Dr. Bass, Vd., had recommended a distance of 100 feet for horses and 200 feet for cows. He fUrther stated that he was considering the nuisance problem because some people objected to animals and some liked them and Would not object, regardless of distances. After further discussion Ordinance No. 545 was reading and read in full. then placed on its second and final Thereupon the roll was.called on the passage and adoption of said Ordinance No. vote being as follows: the Commissioner Bigginbotham Aye Cordell Naye " Kadet Aye " Krlder Nays " 8temper Aye Commissioner Stemper stated that "I voted for t he adoption of the ordinance because I felt that a vote "Nays' would exclude livestock from the City, and because of the publicity given to this question. That this Ordinance No. 555 may not be a perfect ordinance but it is the best reasonable ordinance presented to the City that would allow grazing animals to be kept within the City under reasonable conditions. Thereupon the Chairman announced that the City Commission of the City of Sanford, Florida, had adopted said Ordinance No. 555, entitled. AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 281 OF TP~ CITY OF SANFORD, FLORIDA, ENTITLED "AN ORDINANCE AMENDING SECTION 1 OF OR- DINANCE NO. 252 OF T~E CI~ OF SANFOHD, FLORIDA, ENTITLED: 'AN OR- DINANCE PROVIDING THAT NO HORSE, COW OR OTHER GRA~ING ANIMAL SHALL BE KEPT, PENNE~,HOUSED OR STALLED WITHIN 100 FEET OF ANY DWELLING HOUSE OCCUPIED BY OWNER OR TENANT IN THE CITY OF SANFORD, FLORIDA, EXCEPT THAT OF TP~ OWNER OR KEEPER OF SUCH HORSE, COW OR OTHER ~HAZING ANIMAL, AB HEREIN PROVIDED, AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, #, PASSED AND ADOPTED BY THE COMMISSION OF SAID CITY ON THE 28TH DAY OF MARCH, 1939. M. R. Strlckland, local agent for American Oil Company, next appeared on behalf of the Retail Gasoline Dealers Association with furthe~ ~,e,~,,,= +~ +~, MINUTES City Commission, Sanford, Florida, June 14 at 8 P.M. ..19.. Mr. Blythe then appeared and offered to submit hie records again as evidence that he was only serving his own trucks and those under lease to him. He stated again th~ he was forced to service this equipment because the service stations in that vicinity closed at night, and since his trucks were subject to being loaded out at all hours with perishables, they could not wait for the stations to open. He also advised that if the City forced him to discontinue this service on the leased property that b~ would secure another location within the same vicinity in order to do so. J. C. Davis, local agent for Temae 0il Company, stated that bey were having to pay a rental of $~00.00 per month on their station across the Street from the City's property in comparison with rental of only $40.00 paid by Mr. Blythe, and he did not feel that it was fair competition with him undereelllng .02~ per gallon to the truck operators under lease. After considerable discussion and at tb~ suggestion of Commissioner Kadet, Mayor Hlgginbotham appointed Mr. Btrickland and C. D. Brown, Chairman of the Retail Gasoline Dealers Association, as a Committee to get together with Mr. Blythe and work out an agreement that will be satisfactory to all concerned. Further consideration next given to request of Sanford Automatic Laundry for City to remove the parking meter at Northeast corner of Oak Avenue and 2nd Street and designate the space as a loading zone, and after discussion Commissioner Krider moved that the meter be re- moved and the space be deeignated as a "5 Minutes Loading Zone#, and also that the space in front of the place of business on 2nd Street be designated as a m5 Minute Loading Zone#. Seconded by Commissioner Cordell and carried. Engineer Angae next appeared with further reference to the bids submitted and re- corded in minutes of regular meeting of May 10, 1954 for constructing the water and sewer im- provements, of which bids heve been awarded only on Contracts 1, 2 and 3. He then made the following recommendations in order to bring the overall cost within the amount of funds that will be available from the sale of revenue certificates: Delete certain phases of Contract No. 7, which will represent a savings of approximately $$0,000.00, and award it to the loweet bidder; Award Contracts 5 and 6 to the lowest bidder by dividing them into two parts, part one to cover work to commence now and part two to commence by January 1, 1955, if funds are available, but without any obligation on part of the City if the funds are not available; Defer action on Contract 8 until funds are available; Omit Contract No. 9 entirely; and negotiate or re-advertise for bids on Contract 4. M. C. Farland of Sullivan, Long & Haggerty, who submitted the lowest bids on Con- tracts Nos. 5 and 6 but refused to ~cept them unless awarded Contract No. 4 since their com- bined bids on the three contracts were lower than any other combined bids, then appeared and advised that they had reconsidered the matter and would accept the two contracts under the conditions outlined by Engineer Angae. Thereupon after discussion Commissioner Stemper moved that action be withheld on awarding Contract No. 4 for time being. Seconded by Commissioner Kader and carried. Commissioner aader then moved that Contract No. 5 be awarded to Sullivan, Long & Haggerty, the lowest bidder, for sum of $166,00~.75, subject to any deletions, changes and the division into two partS, as recommended by Engineer Angas. Beconded by Commissioner Stamper and carried. Commissioner Krider next moved that Contract No. ~_+ ~, ~,,~n. Lcr~ and Hag~erty for sum of $168,996.?~, 6 be awarded to the lowest bidder, subject to any deletions, changes MINUTES City Comm sson, Sanford, Florida, ..Tut'IS 15 8, t 8 P. Mo ~5 257 Commissioner Stemper next moved that Contract No. ? be awarded to Bumby and Stimpson, Inc., the lowest bidder, for cum of $3~2,1s63.~0' subject to the changes and deletions as recommended by Engineer Angas. Seconded by Commissioner Kadet and carried. Commissioner Krider next moved that Contract No. 5 be held, Pending negotiations with the lowest bidder by Engineer Angas, subject to the ap~roval of the Commission, or, to be re-advertised for bids. Seconded by Commissioner Kadet and c am-led. On motion duly carried the Commission then deferred action on Contract No. 8, pending availability of f"nds, and omit Contract No. 9 entirely. Engineer Angas next recommended that the construction of a 10" sewer from North Street south to 2$th Street on east side of Summerlln Avenue be deleted from Contract No. 5 and added to Project ~A# at the same unit price as l~oJect ,A#, which is now under construc- tion by E. H. Holcomb, Jr., advising that this would expedite constructing this sewer line in order to serve the new dwellings being constructed in that area by Ozler-~eller Homes, Inc.. Also, that 0zier-Weller Homes, Inc., had agreed to construct the necessary septic tank at North Street for the sewer discharge until such time it ia connected to the l~unk line, which b~s been approved by the State Board of Health. After discussion Commissioner Krlder moved that the aforesaid sewer line be deleted from Contract 5 and added to Project #A#, subject to the approval of the City Attorney, and that Ozler-~eller Homes, Inc., install the septic tank for the discharge. Seconded by Com- missioner Co,dell and carried. Bill of Robert M. Angas and Associates in sum of $21,132.26, for balance of en- gineering services due to date in connection with the proposed improvements to the water and sewerage system, which had been approved by the City Attorney and City Auditor, next submitted for payment. Thereupon Commissioner Krlder moved the approval of the aforesaid bill for engineer- ing services, and that it be paid when funds are available. ~econded by Commissioner Cordell and carried. 0onsideratlon next given to recommendation of the City Manager that the frame structure portion of the old ~lm Spencer building be moved to Fort Mellon Park as a Civic Center for the public's use, and for use in Connection with activities of the summer recre- ation program. The estimate cost for moving the building and adding on siding being $355.00. John Angel, Seminole High School Recreational Director, then appeared and con- curred in the foregoing recommendations, advising that they will operate school busses to trans~ port children to Fort Mellon Park for the summer rec~eation program and that it would be better to have such a building in order to centralize all activities in the park. After discussion Commissioner Krlder moved that the aforesaid building be moved to Fort Mellon Park and siding added, as recommended by the City Manager. Seconded by Com- missioner Cordell and car~led. On advice of the City Attorney that it would not require advertising for bids since their contract for'~odifying the o~dlnances provided for such service, and on motion of Com- missioner Cordell, seconded by Commissioner Stamper and carried, the Commission next authorized Mlchle City Publications Company to reprint in self-covered booklets 500 copies each of the Traffic Chapter at cost of $2~0.00; t~e Electrical Code at cost of $135.00; the Plumbing Code at cost of $2~0.00; and the Offenses at cost of $1]0.00; all payable after October 1, 1954. On motion of Commissioner Krider, seconded by Commissioner Cordell and carried. MINUTES June ib, at 8 p..: ..M.... .......... 19..5.~... City Coramission, Sanford, I:~orida, · ........................................ with trade-in allowance on the machine now in use; also with alternate bid on purchase of a budgetary accounting machine for Clerk's office with trade-in allowance on the old bookkeeping machine. The terms on both purchases to be payable after October 1, 19%4. In reeponCe to request of Harrlett's Beauty Noon at 105 S OaK' Avenue an~ on motion of Commissioner Stemper, seconded by Com~nissioner Kader and carried, the Commis~on next authori- zed the installation of three parking meters on E side of Oak Avenue, from First Btreet south to Alley, subject to availability of the meters. On motion of Commissioner Kadet, seconded by Commissioner Btemper and carried, the City Manager was next authorized to advertise for bids on purchase of one carload of 4# sani- tary sewer pipe. Ordinance No. 544, entitled: AN ORDINANCE OF THE CITY OF BANFORD, FLORIDA, AMENDING ORDINANC~ NUMBER 362 OF SAID CITY, AS AMENDED, SAID oRDINANCE BEING AN oR- DINANCE ESTABLISHING A ZONING pLAN WITHIN THE CITY OF SANFORD, SAID AMENDMENT TRANSFERRING CERTAIN TERRITORY IN DIBTRIOT R-1 TO DISTRICT R-1-X IN SAID CITY. introduced and placed on first reading at regular meeting of May 24, 19%4, was next plaCed on its final reading. Thereupon the roll was called on the passage and adoption of said Ordinance No. 5~, the vote being as follows: Commissioner Higginbo~ham Aye . Cordell Aye , Kadet Aye ,, Krider Aye m Stemper Aye T~ereupon the Chairman announced that the City Comml~on of the City of Sanford, Florida, by unanimous vote had passed and adopted said Ordinance No. 5~ entitled: AN ORDINANCE OF THE CITY OF BANFC~D, FLORIDA, AMENDING ORDINANCE NUMBER 362 OF sAID CITY, AB AMENDED, SAID ORDINANCE BEING AN oRDINANCE ESTABLISHING A ZONING pLAN wITHIN THE CITY OF SANFORD, SAID AMENDMENT TRANSFERRING CERTAIN TERP~ITORY IN DISTRICT R-1 TO DISTRICT R-1-X IN SAID CITY. There being no further business the meeting adjourned. ATTEBT:~ gm