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051456-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. MINUTES 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:" gm