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011650 orlda, 16 P M lQ City Commission, an orc , ................................................................................... 56 The City Commission of the City of Sanford, Florida, met in adjourned session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P M January 16, 195O, for the purpose of a Public Hearing to consider changes and amendments in certain districts of the Zoning Ordinance,and to consider any other business that m~y come be- fore the meeting. Present: Commissioner Andrew Carraway, Mayor. Randall Chase " F A Dyson " John Krider " W.H.Stemper City Attorney A.Edwin Shinholser City Manager Clifford McEibbin Jr. City Clerk H N Sayer F.B.Ashdown, Edwatd Hlgglne, and E.F. Lane, members of Zoning Board of Adjustment. Meeting called to order by the Chairman who directed the City Manager to read the following legal notice of this hearing published in the Sanford Herald on December 30, 1949 and January 6, 1950: NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS OF THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA. Notice is hereby 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 M on the 16th day of January 1950 to consider the following changes and amendments in the Zoning Ordinance of the City of °anford, Florida. The Property zoned in District R-1 ( One Single Family) described as Lots 5 and 6 of Block A; Lots 2, 4, 5, and 6 of Block B; Lots l, 2, ~, 4, 5 & 6 of Block C; Lots l, $ & 5 of Block D ; Lots 2, 4 and 6 of Block E; Lots l, 2, 3, 4, 5 & 6 of Block F; and Lots l, 2, 3, 4, 5 & 6 of Block G; Celery Avenue Addition. Lots I & 2 of Block 4-A, and Lots I and 2 of Block 9 San Lanta Second Section; and the North 120 feet of the Northwest Quarter of Section 31 , Township 19, Range 31, East, located and abutting on the south side'of Celery Avenue between Sanford Avenue and Mellonville Avenue, is propose~ td be ~hanged to C-1 (Commercial-Retail) District. Amendment to Section 5, Sub-section G Item (c): For a one story dwelling , R-1AA 1600 Sq. Ft.; R-lA 1OOO Sq. Ft., provided however that the main section of any dwelling in R-lA Districts be not less than ?20 s~. ft., further provided however that when plans for one story dwellings to be built in the R1-A district do not meet the minimum ground .floor area of dwellings of 1000 sq. ft., excluslme of portecocheres and attached porches, same may be referred to the Board of Adjustment and said Board is hereby authorized and may allow a variance in the R1-A district with a minimum area of 1000 sq. ft. under one roof, inclusive of porte-cocheres, car ports and porches, provided that the main sectiond the house be not less than ?20 sq. ft. 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 28Ln day of December 1949. H.N.Bayer As City Clerk of the Clty of Sanford, Florida. ldllqUTI City Commission, Sanford, Florida,...Januar~....16 at il:_..O0 PM....19 50 relative to changing the minimum ground floor area requirements for a one-story dwelling in districts R1-A Nr. G W Spencer, 2004 Lily Court in Rose Court Subdivision, next voiced his objections to the proposed change to affect all areas zoned in districts R-l-A, stating that the property owners in several of the districts had constructed new dwellings in compliance with the existing requirements and it would not be fair to them to reduce the restrictions so as to allow smaller dwellings to be erected in the the value of their property. Re stated that as a the proposed change for Rose Court in Rose Gourt had requested him to Mr. Hlgglns then explained the same area because it would depreciate property owner he was protesting against Subdivision and that several of the other property owners submit their objections because of being unfair and unjust need for the proposed change in order to construct dwellings within a price range the average citizen can afford to build or purchase. He stated that there are several hundred lots in Districts R-1-A that are still vacant because the present requirement is acti~ng, as a barrier to keep out construction of the type of dwellin~ that are needed in Sanford at this time. Mr Geo. Touhy, 201 W 16th St. next voiced his objections, because he felt that the Zoning Board had made a thorough study of all areas of the City and given careful consider- ation in arriving at the square foot area for dwellings in the several zoning districts when the Zoning Ordinance was adopted, and that their recommendations should not be changed. Also, he felt that the proposed change would be vesting too much authority in the Board of Adjustment. Mr. Ashdown next advised that he was not present at the meeting when the Board of Adjustment recommended the proposed change and that he was not in favor of it for all R-1-A Districts. Mr. A.W. Lee, owner of property in Franklin Terrace and Highland Park Subdivisions, spoke in favor of the change, stating that he was more concerned about the architectural design and structure of dwellings then the square footage, and felt that building restrict- ions should be governed accordingly. Strong support for the change was also voiced by J.Brailey Odham and John Sauls V~no stated the need and advantages of it for young people and war veterans expecially because they are not financially able to build hom~ to meet the present requirements for R-1-A Districts. Mr. W.W. Dawson, Jr. general contractor and constructor of dwellings in Sanford, next objected to the change and stated thet he could construct dwellings to meet the present requirements at a cost not to exceed $8,000.00. He stated that the matter requires further study and consideration and that a decision should not be reached at this hearing. He also stated that the building code should be revised or a new code adopted in order to regulate the type of structure of buildings, and pointed out several undesirable dwellings that are H4~ MINUTES City Commission, Sanford, Florida, ...... J. anuary.1/5...at....8...l~...~ ....... 19 50 19 Seconded by Commissioner Krider and carried. Mr Higglns then stated that as a member of the Board of Adjustment, he would like for the Commission to make some definite recommendations to the Board, and same was taken under advisement. Mr Welborn Phillips, Jr. of Phillips Industries, next outlined their program to construct several more one-story dwellings in Sanford with floor areas of 800 to 1000 square feet, which will have to be constructed in Districts R-1 in order to conform with the present Zoning Requirements; advising that they had made a careful survey and find that there are not suf- ficient lots in any one R-1 District to construct a block of ten to twelve dwellings, which they have to do in order to keep the cost down. Mr Phillips then requested the Com- mission to give immediate consideration to re-zoning some area in District R-1-A in order that they may continue their building program in Sanford. Thereupon after a careful study of the Zoning map, and on motion of Commissioner Chase, seconded by Commissioner Krider and carried, the Commission authorized a Public Hearing to be held on Feb. 2, 1950, to consider re-zoning the following areas from R-1-A ( One single Family) to R-1 ( One Single Family. ) (a) The area bounded on the north by Twenty-fourth Street, East by alley between Oak and Park Ave., South by Twenty-fifth Street, and West by French Avenue. (b) The area bounded on the North by Twentieth St., East by the East property line of the property abutting on the East side of Oak Avenue, South by Twenty-fourth Street, and West by French Avenue. The Commission then adjourned the Public Hearing and reconvened to take up any other matters that may come before it at this time. Commissioner Stemper ~ext moved thst the City take action toward adopting a new building code as soon as possible. Seconded by Commissioner Chase and carried. Thereupon the Chairman appointed Commissioner Dyson, the City Manager and Elton J. Moughton, Architect, as a Code Committee to review the Second Edition of the Southern Standard Building Code and make recommendations toward its adoption as an official Code ~or Sanford. Mr. Alvin Odham, local Chairman of March of Dimes for National Foundation for Infantile Paralysis, next appeared and requested that the swimming pool be turned over to them for sponsoring its formal opening and all proceeds derived therefrom be contributed to the Foundation for Infantile Paralysis. Thereupon after careful consideration the request was denied because it was felt that it would be establishing a precedent for other similar requests. Mr. H.H.Coleman, local manager, and Mr. A.B.Wright, representa~ivee of Florida Power & Light Company, next appeared with reference to Resolution No. ?68 adopted by the Commission on January 9 providing for a referendum election to be held on Feb. 21, concerning granting Florida Power & Light Company a thirty year franchise, and the construction of a municipal memorial stadium. They requested that the two issues be separated and not be voted upon at same election because of the effect the stadium issue might hove on the franchise. Also, advised of the effect it would have upon their financial status and borrowing ability, and on other municipalities that are considering such a franchise, if the franchise is defeated 2O H-4~750 MINUTES City Commission, Sanford, Florida, ~n~..~.6 ~..8[~0 P M.19 50 Commissioner C~.rraway Aye " Chase Aye " Dyson Aye " Krider Aye " S%emper Aye Commissioner moved its passage Chase then introduced Resolution No. ??1, and after being read in full, and adoption. Seconded by Commissioner Stemper ~nd carried by Commissioner Oarraway Aye " Chase Aye " Dyson: Aye " Krider Aye " Stemper Aye Said resolution No. 771 entitled as follows: RESOLUTION NO. 771. the following vote of the Commission: A RESOLUTION OF THE CITY CO~9~.ISSION OF THE CITY OF SANFORD, FLORIDA, RESCINDING RESOLUTION NO. 769 PASSED AND ADOPTED JANUARY 9, 1950, WHICH RESOLUTION SET FORTH CERTAIN ISSUES BEFORE THE CI~T CO~MISSiON AND PROVIDED FOR AN ELECTION CONCERNING THE SAME; STATING THE SUBSTANCE OF CERTAIN ISSUES PRESENTED TO THE CITY COS~TISSION, THE FIRST CONCERNING THE GRANTING NOW BY THE CITY OF SANFORD OF A NEW THIRTY YEAR FRANCHISE TO FLORIDA POWER AND LIGHT COMPANY BY THE TEPeeS OF WHICH THE CITY WOULD RECEIVE ADDITIONAL REVENUE AS SET OUT HEREIN; THE SECOND CONCERNING THE CONSTRUCTION OF A I~NICIPAL MEMORIAL STADIUM TO BE FINANCED BY PLEDGE OF THE REVENUES TO BE RECEIVED THEREFR~ AND BY PLEDGE OF ADDITIONAL FUNDS AVAILABLE TO THE CITY_ OTHER THAN FUNDS TO BE RAISED BY AD VALOREM TAXES; AND PROVIDING FOR THE CALLING OF SPECIAL ELECTIONS TO BE HELD IN THE CITY OF SANFORD, FLORIDA ON FEBRUARY 21, 1950 AND MARCH ~,L950, FOR SUBMISSION OF SAID ISSUES RESPECTIVELY, TO THE VOTE OF THE QUALIFIED ELECTORS OF SAID CITY. WHEREAS, The City Commission of the City lowing facts and issues: 1. of "anford, Florida, ~as before it the fol- Florida Power and Light Company is presently operating in the City of Oanford, Florida, under a thirty year franchise from said City which expires the 2~th day of January 195~, and the financial benefit to the City from such operation is confined to the proceeds of taxes levied by the City against the property of said Company. Said Company proposes that if the City of Sanford, Florida, will grant to it now a new thirty year franchise for operation within the City it will pay to the City at the end of each year from the date of such franchise during the term of said thirty year franchise an amount which added to the amount of all taxes, licenses and other impositions levied or imposed by the City upon the Compsny's property, business or operations and those of the Company's subsidiaries for the preceding year will equal six (6) per cent of Company's revenues from the sale of electrical energy to residential and commercial customers within the corporate limits of the City of °anford for the preceding twelve months' period. 2. A recommendation has been made to t~e City Commission t~at the City of Sanford con- struct a Municipal Memorial Stadium to De financed by pledge of the revenues to be received %herefnom and by pledge of additional funds available to %~e Cit~' other %nan funds %o Oe raised by ad valorem %axes, and WHEREAS, it is the desire of the City Commission of the City of Sanford, Florida, that an expression of the qualified electors of the City of Sanford be obtained with regard to said issues, which expression can be obtained only through a properly conducted special election called for such purpose, each NOW , THEREFORE, BE IT RESOLVED by Florida, that a special election of the by called issue being separately submitted. the City Commission of the City of Sanford, City of Sanford, Florida, he, and the s~me is here- to be held in the City of Ssnford, Florida, on the 21st day of February, 1950. MINUTES City Commission, Sanford, Florida,__~P.. 1~....~1~ _~.[~....P_.M. ................ 19 50. 2i Shall the City of Sanford, Florida, now grant to Florida Power and Light Company, its successors and assigns an electric franchise within the City of Sanford for a term of thirty years by the terms of which franchise the grantee shall pay to the City of 5anford, Florida, an amount which added to the amount of all taxes, licenses and other impositions levied or imposed by the City upon the grantee's property, business or operations and those of grantees, subsidiaries for the preceding tax year will equal six per cent of grantee's revenues from the sale of electrical energy to residential and commercial customers within the corporate limits of the City for the twelve fiscal months preceding the applicable anniversary date from the date of granting of said franchise ? BE IT FURTHER RESOLVED that a special election of the City of Sanford, Florida, be, and the same ia hereby called to be held in the City of Sanford, Florida, on the ?th day of March 1950, for the purpose of obtaining an expression of the qualified electors of the City in favor oS or against the following proposition: Shall the City of Sanford construct a Municipal Memorial Stadium to be financed and by pledge of the revenues to be received therefrom/by pledge of additional funds available to the City other than funds to be raised by ad valorem taxes ? BE IT FURTHER RESOLVED that the special elections called hereby shall be con- ducted as provided by Ordinance No. 212, as amended, of the City of Sanford, Florida, providing for the calling and conduct of special elections within the City of Sanford, Florida. PASSED AND ADOPTED th is 16th day of January 1950. Attest: H N Sa~er City Clerk. In accordance with the foregoing Resolution Andrew Carrawa2 Mayor. ~ohn Krider F A Dyson Randall Chase ~..H.Stemper As theCity Commission of the City of Sanford, Florida. ??1, and with the regulations governing the holding of Municipal Elections, and on motion duly adopted, the Mayor was next authorized issue Election ProclamatiOn calling a Special Municipal Election to be held on February 21, 1950, and one on March ?, For Clerk: For Inspectors: Mr. Coleman next submitted an offer of Florida Power & Light Company to purchase electrical distribution system at the airport from the City at a price of $12,000.00. Matter taken under advisement. Mr. Elt on J.Moughton, Architect for Sanford Stadium Authority, next appeared and sub- mitted revised plans of the proposed memorial stadium, showing the seating capacity reduced from 4365 to 2600, with 1000 bleacher seats, of which the estimated cost amounted to $145,000.O0 , including field lighting equipment. The stadium designed to accomodate approxi- mately 2,000 white and 600 colored in the grandstands and 500 each in the bleachers. Thereupon after careful consideration. Commissioner Krider moved that t.h~ 1950, the following being designated as officials of said Elections: Mrs F E Roumlllat Mrs Ralph Austin Smith, Raymond E Lundquist, Floyd A Palmer. the MINUTES City Commission, Sanford, Florida, Ja~usry ..~6 at ~:0~...? N....19 50 in On motion duly adopted swimming pool on January 29, selection can be made. Mayor Carraway and Mr H.James Gut were next appointed matter of public liability insurance on the swimming pool. the grandstand and 500 in the bleachers. Seconded by Commissioner Dyson and carried. the Commission next authorized formal opening of the new the personnel to be employed on temporary basis until formal as a committee to handle the Pursuant to a petition for street light at intersection of Cypress Avenue and Sixth Street, Commissioner Stemper moved that the Florida Power & Light Company be authorized to install an overhead street light at t~e aforesaid location. Seconded by Commissioner Krider and carried. On motion of Commissioner Krider, seconded by Commissioner Chase and carried, the Commission next auhhorized the installation of overhead street lights at the following locations: Intersection of Hellonville Avenue and Catalina Drive; vernango Avenue and Catalina Drive; Vernango Avenue and Roealia Drive; l~ellonville Avenue and Rosalia Drive; and transfer of light from Locust Avenue and Escambia Drive to Locust and Rosalia Drive. Letter next received from Coast Guard Auxiliary reouestlng consideration of using funds from the cigarette tax for establishment of a Yacht Harbor. Thereupon the City Manager was directed to advise them that the cigarette tax cannot be used for this purpose. Upon request of the local Shrine Club, Commissioner Dyson next moved that the City contribute to them the amount of license tax of $?5.00 that will be imposed for conducting a minstrel show at Seminole School. Seconded by Commissioner Krider and carried. The amended lease agreement with Gilbert A Williams, covering the cold storage plant and small arms magazine building at airport was next submitted for approval. Thereupon Commissioner Dyson moved its approval and that %ne Mayor and Clerk be author- ized to execute same on behalf of the City. Seconded ~ Commissioner Krider and carried. Commissioner Stemper not voting. Said Lease agreement being in words and figures ae follows: LEASE THIS LEASE, Made and entered into in duplicate on the 15th day of November, 19~9, between CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter referred to as Lessor, and GILBERT WILLIANS, of Sanford, Wlorida, hereinafter referred to as Lessee. WITNESSETH, That G~e Lessor, for and in coa~deration of the rentals agreed to be paid and covenants to be performed by the Lessee, has leased and let, and by these presents does lease and let unto the Lessee the following described property, situated at what was formerly the Sanford Naval Air Station, in Seminole County, Florida, to-wit: BUILDING NUN3~ER 37 ( small arms magazine) and Building Number 20 ( cold storage Plant) and land immediately contiguous to such buildings necessary to the maintenance and operation thereof. TO HAVE AND TO HOLD the above described property unto the Lessee for a term of five (5) years from theists hereof, and for a rental of Sixty-five ($65.00) Dol,.re per mon%h, payable in advance. Payment of the first month's rental is hereby acknowledged. The Lessor and the Lessee do further covenant and agree to and with each other as MINUTES City Commission, Sanford, Florida, ............ ~an..~-16-.-~t.-.~.:~..-ll ............... 19 ....~0 good condition as when this lease is delivered to him, normal wear and tear excepted, and that said buildings and grounds shall be kept by the Lessee in accordance with the requirements of the Lessor and the Civil Aeronautics Administration. 2. In the event the above described premises shall be so damaged by fire or the elements as to be untenantable, Lessor shall in its discretion determine whether the expense is too great to restore and repair said demised premises, and should Lessor determine not to repair said leas_eipremises this lease shall cease and determine, and the rent shall abate from the time said demised premises become untenantable. In the event the demised property shall be so damaged by fire or the elements and Lessor determines to properly re- pair the same, the rent shall be abated corresponding with the time and extent to which said property cannot be used by Lessee after damage occurred and before repair. 3. This lease and the Lessee shall be subject to the restrictions, terms and conditions of the Federal Government during the existence of any emergency declared by the President of the United States or the Congress thereof, and also subject to all conditions, covenants and restrictions embodied in Lessor'e title to said property. 4. The Lessee shall promptly pay all bills for utilities service. 5. The Lessor shall have the right to enter the premises at any time durln~ reasonable in order carried 6. business hours during the term of to determine whether the out by the Lessee. said lease for the purpose Of inspecting the property terms and conditions of said lease are being observed and The Lessee shall not place any structure or construction of any kind on the leased premises without prior approval in writing from the City Nanager Sf Lessor. 7. Lessee agrees upon termination of this lease, if required by the Lessor, to deliver up the above described premises in the same condition ae that existing at the time of delivery of this lease to the Lessee by Lessor, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which Lessee has no control, excepted. 8. The Lessee shall not assign or sub-let any of said property without the written con- sent of the Lessor. 9. Lessee agrees that all m~chinery and equipment installed upon the leased premises for refrigeration purposes, as well as all improvements heretofore made upon the premises by lessee as shown by his statement of expenditures in the amount of $3606.50, signed by Lessee and attached to Lessor's copy of this lease, and wnich expenditures Lessee hereby warrants have Oeen mdc, shall become part of the leased premises and upon the expiration_ of this lease, or prior termination thereof, such refrigeration machinery and equipment and all such improvements shall revert with the premises to the Lessor. lO. Thislease may be renewed by Lessee for an additional term of five (5) years upon the same terms and conditions as herein contained, excepting that the amount of rental specified may at the option of Lessor be increased to a monthly total not to exceed One Hundred Sixty-five ($165.00) Dollars per month, and excepting further that during any such additional period the Lessee shall be fully responsible for all maintanance and repair of the premises and property hereby demised. Should Lessee de,ire such renewal he shall give to Lessor written notice of his intent to so renew not less than ninety (90) days prior to the expir- ation of the five (5) year term hereinabove set forth. Il. Default for a period of ten (lO) days in the payment of any one of the aforesaid MINUTES Jan 16 at 8: P M City Commission, Sanford, Florida,. .......... 19 50 lease and the Lessor shall have the right to enter upon said property and retake possession thereof without the necessity to resort to process oi' law therefor. 12. This lease is subject to the approval of the Civil Aeronautics Authority, IN WITNESS WHEREOF, The Lessor has caused these presents to be emecuted in lbs name 'by its Nayor and attested, and its official seal to be hereunto affixed by its City Clerk, and the Lessee has hermunto sffixed his hand and seal, all on the day and year first ~Oove written. Signed, sealed and delivered in the presence of : Nell K.Brown S.W.Easterb[ As to Lessor Karl~le Housholder Daphne Connelly As to Lessee. CITY OF SANFORD,?LORIDA. By Andrew Cs.rraws~ ~ayor. ATTEST: H.N.Ss~er City Clerk. Gilbert A Willisms Lessee (Seal) On motion of Commissioner Krider, secor~ed by Commissioner Dyson and carried, the Commission next authorized the advance Of funds in amount of $20.86 %o Wade H Raulerson, former policeman who was injured in line of duly on Feb. l, 1945, by motor vehicle driven by Clarence C. Welsh. Said funds to be advanced for cost of transcript of trial of suit against Nr. Welsh in Circuit Court in February , 1949. There being no further business the meeting adjourned. }~ayor. ~ Attest: