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051363 MINUTES · City Commission, Sanford, FlOrida, May 13 at 8 P. M. __19. 63 ~ The City Commission of the City of Sanford, Florida, met in regular session at at the City Hall in the City of Sanford, Florida at 8:00 o'clock P. M. on May 13, 1963. Present: Co~missioner Thomas S. McDonald, Mayor Joe B. Baker " J.H. Crapps " M.L. Raborn " A.L. Wilson City Attorney Wm. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. N. Tamm, Jr. Deputy Clerk Rosa M. Rotundo Police Chief R. G. Williams The meeting was called to order by the Chairman. The first order of business being a Public Hearing to consider the request submitted by the Knights of Columbus Organization at regular meeting of April 8, 1963, to amend Section ~-l of City Code to include the area known as the Walker Building in a Zone designated for the sale of alcoholic beverage for consumption on premises and for a permit for such sale at said location. Dr. Vincent Roberts appeared as spokesman for a group of the members of the organization in support of the aforesaid request. There being no objections registered, Commissioner Baker moved to ~authorize the City Attorney to prepare an ordinance pertaining to same and to approve the request of the Knights of Columbus Organization for license fOr a private club for sale of alcoholic beverages for consumption on premises at the Walker Building on Oak Avenue. Seconded by Commissioner Crap~s and carried over the dissenting vote of Commissioner Wilson. Commissioner'Wilson stated that he voted against the request as a matter of personal policy. The next order of Business was a Public Hearing to consider the revocation of 1962-63 License Number 279 issued to Mrs.. Pauline N. Owens, d/b/a Westside Grocery, 515 Elm Avenue, for sale of beer and wine for consumption off premises. Mrs. Owens next appeared and stated she had been aware of the violation of regulations and it was again called to her attention in Municipal Docket Case No. 67913 dated April 16, 1963, and further that she was trying to sell the store and that the license would assist her in making the transaction and requested ~hat action on the revocation be'held in abeyance at this time. After consideration, Commissioner Crapps moved to table action on the revocation and to review the operation within 90 days to determine if further action would be necessary. Seconded by Commissioner Raborn and carried. After discussion, the Commission next authorized the City Manager to mail a reminder to all holders of licenses for the sale of beer and wine for consumption off premises, that consumption on premises is not permitted. The Chairman announced that the next order of business was a Public Hearing to consider changes of the Zoning Ordinance as proposed and described in the following legal notice published in the Sanford Herald on April 26, 1963: NOTICE OF PUBLIC HEARING ON PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF THE ZONING ORDINANCE OF THE CITY OF SANFORD, FLORIDA Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. May 13, 1963, to consider the following changes and amendments to the Zoning Ordinance of the City MINUTES City Commission, San£ord, Florida, May 13 at 8 P. M. of Sanford, Florida. 1' (a) Article VI, R-3 Multiple Family Dwelling District, ~ection 4, Yard Requirements, Paragraph l, to reduce from 25 feet to 20 feet the front yard regulation for I and 2 family dwellings. (b) Article IX, R-6 Multiple Family Dwelling District Section 4, Yard Requirements, Paragraph l, to reduce from 25 feet to 20 feet the front yard regulation for i and 2 family dwellings. All parties in interest and citizens shall have an opportunity to be at said hearing. By order of the City Commission of the City of Sanford, Florida, this 22nd day of April, 1963. heard H. N. Tamm, Jr., As City Clerk of the City of Sanford Publish: April 26, 1963 The Chairman then announced that the Commission would be glad to hear from anyone in favor of or against the amendment of the Zoning Ordinance as advertised in t~he foregoing notice. Kenneth W. McIntosh, attorney for Mr. & Mrs. Samuel F. Pratt, 1611 Park Avenue, appeared and stated that his clients were in favor of the amendment.. There being no objections registered and after discussion, Commissioner Wilson moved that ~,he Zoning Ordinance be amended as advertised and to authorize the City At$orney to prepare an ordinance pertaining to same. Seconded by Commissioner Baker and carried. Commissioner Crapps next introduced Ordinance No. 798, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABANDONING THE ALLEY NORTH OF 17TH STREET BETWEEN PARK AVENUE AND MAGNOLIA AVENUE IN THE CITY OF SANFORD, FLORIDA. and on motion of Commissioner Crapps, seconded by Commissioner Baker and carried, same was placed~on its first reading and read in full. Commissioner Baker next introduced Ordinance Eo. 799, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA CLOSING, VACATING AND ABANDONING A CERTAIN UTILITY EASEMENT LYING IN LOTS l, 2 AND 21, BLO_'CK 2, WYNNEWOOD SUBDIVISION, IN THE CITY OF SANFORD, FLORIDA and on motion of Commissioner Baker, seconded by Commissioner Wilson and carried, same was placed on its first reading and read in full. Arthur Boyd, 317 W. Third Street, appeared and stated that the concrete dust from Miracle Concrete Plant was injurious to his family's health, and requested that the Commission take necessary action to get this corrected. He was referred to Dr. Leone, County Health Officer. Consideration next given to Certificates of Condemnation Nos. 62-~7, 62-48 and 62-49, dated February 9, 1963, to Miss Jeanette E. Laing~ owner of property at 806~ Maple Avenue, 808 Maple Avenue, 808~ Maple Avenue and 1008 Holly Avenue, and on motion of Commissioner Baker, seconded by Commissioner Wilson and carried, the Co~mission authorized an extension of 90 days for removal or repairs of the four condemned dwellings. 412 MINUTES City Commission, Sanford, Florida, Request next submitted by Mrs. ¢. L. Hewson, 1910 Lake Avenue, to purchase Lot 16, Frank L. Woodruff's Subd.,owned by the City and after consideration Commissioner Baker moved to authorize the solicitation of an estimated sale price from two qualified realtors provided Mrs. Hewson would pay for the charges. Seconded by Commissioner Raborn and carried. Request next submitted for the City to p~ve San Carlos Avenue from Second Street to Third Street, and after discussion, Commissioner Baker mo.ved to approve the request and to follow the City's policy of paying one third of the costs and the property owners paying two-thirds of the cost and to commence the p~ving upon receipt of payment from the property owners. Seconded by Commissioner Wilson and carried. On recommendation of City Manager, Commissioner Baker moved to authorize payment of Statement No. 9 in the amount of $1,013.02 submitted by Clark, Daily'& Associates, in accordance with agreement dated July ll, 196I, and based on the contractors Estimate ~o. 8, dated March 13, 1963, from Texas Mid West Gontracting, Inc. Seconded by Commissioner Raborn and carried. Estimate No. 9 next submitted in the amount of $21,981,38 and unpaid services and material suppliers invoices in the amount of $25,890.71 covering work completed and material on job site to May l, 1963 on contract with Texas Mid West Contracting Company, Inc., dated May 9, 1962 for construction of the Sewage Treatment Plant, and on motion of Commissioner Crapps and carried, payment of $25,890.71 was authorized from the Construction Trust Fund of 1962, on approval of the City Manager, and stipulating that the checks to be drawn as joint payees, to the contractor and to the suppliers for unpaid delinquent accounts. After consideration and on mOtion of Commissioner Baker, seconded by Commissioner Raborn and carried, the Mayor and City Clerk were authorized to execute an agreement in words and figures as folloWs: AGREEMENT THIS AGREEMENT, made this ll day of May, 1963, by and between Edward Higgins, Jr. and Mary W. Higgins, his wife, parties of the first part, and City of Sanford, Florida, a municipal corporation, party of the second part, witnesseth: WHEREAS, this is to correct an unrecorded agreement dated April 24, 1950, and WHEREAS, parties of the first part are owners of certain real property situate in Seminole County, Florida, in Plat of Rose Court, as recorded in Plat Book 3, pages 3, # and 5, Seminole County Public Records, and WHEREAS, party of the second part in the operation of its garbage collection trucks and other sanitary equipment has made use of a way established across part of said real property owned by parties of the first part, which use parties of the first part desire to have descontinued and which use party of the second part is agreeable to discontinue upon provision by parties of the first part of an easement across other real property owned by the parties of the first part for the aforesaid uses by sanitary and other vehicles of party of the second part, NOW, THEREFORE, in consideration of the agreement of party of the second part to discontinue use as an alley of the way heretofore so used across the lots between Lots 42, 43 and 44 of Rose Court as per plat above referred to, parties of the first part do hereby grant to the party of the second part, its successors and assigns, full and free right to MINUTES · City Commission, Sanford, Florida, Ma7 13 at 8 P, Mo enter upon, cross and use for alley purposes the property owned by pt part described as follows: West 167 feet of the North 12 feet of the Barnes Lot, being that unplatted parcel of land in Rose Court bounded on the North by Lots #2 and 43 of Rose Court as recorded in Plat Book 3, pages 3, 4 and 5, Public Records of Seminole County~ Florida. Party of the second part hereby agrees that in the event pt part at any time desire the discontinuance of use of the easement he~ the relinquishment of such easement by party of the second part that part will relinquish such easement and discontinue such use uDon gr~ of the first part, their heirs, legal representatives, successors or ment in lieu of the easement hereinabove granted, which shall consist of the second part of an easement for alley purposes across Lot zff% ol aforesaid Barnes Lot of a strip of land twelve (12) feet in width, b( ward extension of the alley platted between Lots 42 and 43 of Rose C¢ Plat Book 3, pages 3, ~ and 5, PUblic Records,.Seminole County, FlorJ IN WITNESS WHEREOF, parties of the first part have hereto seals, and party of the second part has caused these presents to be thereunto duly authorized, all as and of the day and year first abov Signed, sealed and delivered in the presence of: W. Dietrichs M. V. Parr~ ~ As to parties of'First Part Peggy Jane Lundquist John T. Wilbur As to Party of Secon~ Part Edward Higgins (SEAL Mary W Higgins (SEAL~ Parties of First Part CITY OF SANFORD, FLORIDA BY: Thos. S. McDonald, MAYOR Attest: H. N. Tamm, ~r., C~ Party of Second Part STATE OF FLORIDA ) ~ SS COUNTY OF SEMINOLE ) I HEREBY CERTIFY, that on this day in the next above named before me, the undersigned authority, personally appeared EDWARD HIG~ MARY W. HIGGINS, to me well known and known to be to be the individus who executed the foregoing Agreement~ and they acknowledged then and they severally executed said Agreement for the purpose therein expre~ WITNESS my hand and official seal at Sanford, Seminole Couz llth day of May, 1965. Waldemar Dietrichs Notary Public State of Florida at Large My Commission Expires Dec. STATE OF FLORIDA SS COUNTY OF SEMINOLE BEFORE me, the undersigned authority, this day personally McDONALD and H. N. TAME, JR.,'to me well known and known to me to be executed the foregoing Agreement as Mayor and City Clerk, respectivel Sanford, Florida, a municipal corporation, and they acknowledged to the same for and on behalf and as the free act and deed of the City ,19 65~ rties of the first rties of the first einabove granted and party of the second ting by the parties assigns, of an ease- of a gr~gnt to party Rose Court mud the :nded by the south- ~rt, as recorded in da. et their hands and xecuted by its officers written. ~Y CLERK State and County, INS, JR and wife, la described in and there before me that sed. ty, Florida, this 1964 ppeared THOMAS S. Ohe parties who of the City of that they executed Sauford, Florida, hui~nsw 0££it.'~ Suppiy Cu. -- MINUTES City Commission, Sanford, FlOrida, .May 13 at '8 P. M. IN WITNESS WHEREOF, I have hereunto set m~ hand and official seal at Sanf0rd, Florida this 14th day of May, 1963. John T. Wilbur Notary Public State of Florida at Large My Commission Expires October 28 1963 On motion of Commissioner Baker~ seconded by Commissioner Wilson and carried, the following transfer was authorized: $100.00 from Library Furniture and Fixtures Acct #6012 to Library Office Supplies Acct #6005 On motion of Commissioner Baker, seconded by Commissioner Wilson and carried, salary reclassifications were authorized as follows: Richard Evans from 17-C ($78.60/week) to 17-D ($80o87/week) Carl C. Smith from 17-C ($78.60/week) to 17-D ($80.87/week) Consideration next given to the parking problem at the intersection of Park Avenue and Commercial Street and the City Manager was authorized to contact the property owners in an effort to work out the details. Consideration next given to proposal submitted by Jake Zorian, Maitland, on JanUary 28, 1963, to have engineering plans and feasibility report prepared for construction of a Marina at the Municipal Pier and to be submitted to the City within 6 months. The Co~mission next authorized the City Manager to request Mr. Zorian to be present at the regular meeting of May 27 to explain his progress and submit plans and data. The City Manager next submitted an estimated cost of $3#8.00 for drapes in the auditorium annex and the lobby room of the Civic Center and after discussion, same was held for consideration in the next fiscal budget. Consideration next given to delinquent accounts receivable arising from the demolition of structures condemned by the City and the City Attorney was authorized to file liens against property owners as follows: Jeanette Laing Statement No. 78, dated 6/26/62 " No. 104, dated 10/4/62 " No. ll4, dated 10/1/62 Total $983.44 Mary & Fannie Cooper No. llS, dated 11/5/62 " $ 92.42 Sarah Stanley White No. ll6, dated 11/5/62 " $152.65 Petition next submitted from W. R. McElroy, President, Bellmead Development Corporation, for annexation of the following described property: 1. Lots 1, 2, 3 and 4 of the amended plat of Druid ,Park, Sanford, Florida, as per map recorded in Map Book 7', pages 5 and 6, excepting therefrom the easterly 250 feet of said Lots l, 2, 3 and 4 and excepting also the following described parcel of land, to-wit: From the northwesterly corner of Lot 3 of the amended plat of Druid Park as per map recorded in Map Book 7, Pages 5 and 6, run thence South 30 Degrees 16 Minutes West along the EaSterly right of way line of State Road 15 a distance of 29.52 feet to the point of beginning; run thence North 88 Degrees 8 Minutes East parallel with and 25 feet South of the North line of said Lot 3 a distance of 140.7 feet to a point 588 feet west of the east line of said Lot 3; run thence ~outh i ~egree 36 Minutes east parallel with the said east line of said Lot 3, 175.0 feet to the south line of Lot 4 of the aforesaid amended plat of Druid Park; run thence South 88 Degrees 8 Minutes west along the south line of said Lot ~ 2~9.9 feet to the easterly right of way line of said State Road 15; run thence North 30 Degrees 16 Minutes east along the said easterly right of way line 206.68 feet to the point of beginning. ° And the easterly 688 feet of Lots 5 and 6 of the Amended Plat of Druid Park, as per map recorded in Map Book 7, Pages 5 and 6 of the Public Records of Seminole County, Florida. The West 538 feet of the East 688 feet of Lot 7 Amended Plat of Druid Park, as recorded in Plat Book 7, Pages 5 and 6 of the Public Records of Seminole County, Florida. MINUTES City Commission, Sanford, Florida, May 15 at 8 P. M. 415 Commissioner Wilson moved to accept the aforesaid petition and to authorize the City Attorney to prepare an ordinance pertaining to same. Seconded by Commissioner Baker and carried. Request next submitted for transfer of license for the sale of alcoholic beverages for consumption on premises from Ray E. Ozier d/b/a Goldsboro Bar and Package Store, 1610 West 15th Street, to A. Stinson and Maude Kinlaw, and on motion of Commissioner Crapps, seconded by Commissioner Baker and carried, same was approved, on the recommendation of the Chief of Police. Daniel W. Calhoun next appearedand submitted a request for a Taxi license to operate a 1956 Rambler, and Commissioner Raborn moved to table same and to authorize the Chief of Police to inspect the car and furnish the Commission with his recommendation. Seconded by Commissioner and carried. On motion of Commissioner Baker, seconded by Commissioner Crapps and carried, minutes of regular meeting of April 22, 1965, were next approved. On motion of Commissioner Baker, seconded by Commissioner Wilson and .carried, current invoices and payrolls were next approved, as evidenced by General Fund, Florida State Bank Vouchers 5555 through 5400 and 5601 through 5725, General Fund Sanford Atlantic Nat' Bank Voucher Nos. 8348 through 8400, Water and Sewer Revenue Fund, Sanford Atlantic National Bank Voucher Nos. 659 through 668, Construction Trust Fund, Florida State Bank Voucher No. 78 and Construction Trust Fund, Sanford Atlantic National Bank Vouchers Nos. 86 and 87. Consideration next given to request for a building permit to construct a warehouse on W 1/2 of Block 7, Tier 14, Traffords, submitted by C. E. McKee, owner. This property having been zoned C-2 (Commercial Industrial ) District prior to the adoption of a new zoning Ordinance No. 771, dated February 26, 1962, in which it was incorrectly zoned R-2 (One and Two Family) District. After discussion Commissioher Baker moved to authorize the Zoning and Planning Commission to correct the e~or and further to authorize issuance of a building permit in accordance with the building code. Seconded by CommiSsioner Wilson and carried. Commissioner Baker moved to authorize the Mayor and one other member of the Commission to confer with representatives of the Bernard MacFadden Foundation in New York City, pertaining to the establishment of a military school and purchase of City property and to authorize the transfer of $500.00 from the Contingency Account No. 8150 to City Commission Expense Account No. ll07. Seconded by Commissioner Raborn and carried. Letter next submitted from Sam Lawson regarding his note dated~June 22, 1960, balance in the amount of $1,503.26, and requesting an extension until August ll, 1965, to either pay off the note entirely at that date or to bring the monthly payments up to date and then continue on monthly installments. Commissioner After consideration and on motion/Baker, seconded by Commissioner Crapps and carried, the request was approved. On motion of Commissioner Baker, seconded by Commissioner Wilson and carried, the Commission, next authorized changes in the Policemen~s Pension Fund and authorized a letter to Senator Mack N. Cleveland, Jr., requesting that same be introduced to the Florida Legislature in accordance with the legal notice published in the Sanford ~erald on April 10, 1965, as follows: 1 MINUTES. City Commission, Sanford, Florida,_ l~IaY. 13 at 8 P FI. NOTICE OF LEGISLATION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN of intention to apply to the 1963 session of the Florida Legislature for passage of an Act, the substance relating to amending Chapter 61-2793, Laws of Florida 1961, relating to the relief and pension fund for the Police Department of the City of Sanford~ Florida, in the following respects: 1. Increasing authority of the Municipal Court of the City of Sanford to increase the costs provided for in Section ~, Subsection 2 of said Act. 2. By repealing Section 18 off,said Act in its entirety. 3. By amending Subsection 2 of Section l~ of said Act reducing pension benefits provided therein from three-fourths to two-fifths. 4. By repealing Subsection # of Section~l~ in its entirety. Publish April lO~ 1963 There being no further business the meeting adjourned. MAYOR lm