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080965-Regular SessionAugust 9 at 8 P.M. 1965 MINUTES City Commission, Sanford, Florida The City Commission of the City of Sanford, Florida, met in regular session at the City Hall in the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. on Cugust 9, 1965. Present: Commissioner M. L. Raborn, Jr., Mayor , J.B. Baker " J.H. Crapps " Earl Higginbotham " A.L. Wilson City Attorney Wm. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. L. Whelchel Acting Police Chief A. S. Williams · Absent: Police Chief R. G. Williams II The Chairman called the meeting to order. !I The first item of business was a presentation by the Mayor of a forty-year service ,~ward of a gold watch to employee Robert Zanders, labor foreman in the City's sewer division, lin recognition of his loyal service since June, 1925. Next was a Public Hearing held on the establishment of zoning on newly annexed property at the northeast corner of Woodland Drive and Onora Road, approximately 9 acres ~nown as the Shannon property, to that of R-lA (Single Family Dwelling) District; in accord- ~nce with the following notice published in the Sanford Herald on July 30, 1965. NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF TEE 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. on August 9, 1965, to consider the following changes and amendments to the Zoning Ordinance of the City of Sanford, Florida: That property lying in the northeast corner of Onora Road and Woodland Drive is proposed to be zoned R-lA (Single Family Dwelling) District. Said property being more par- ticularly described as follows: hearing. The west 575.05 ft of east 587.05 ft of Govt. Lot 2 (less north 1942.3 ft & Rd) Section l, Township 20 South, Range 30 East. All parties in interest and citizens shall have an opportunity to be heard at said By order of the City Commission of the City of Sanford, Florida, this 26th day of [July, 1965. H. L. Whelchel As City Clerk of the City of Sanford, Florida Three property owners in the immediate area appeared and stated that they had no i0bjection to the zoning of the property to R-lA. Thereupon, it was moved by Commissioner yigginbotham, seconded by Commissioner Baker and carried that the City Attorney draw up the roper ordinance for the designation of the area to be zoned as R-lA, for a first reading at the next regular meeting. Next was a Public Hearing held to consider the rezoning to C-1 (Neighborhood Com- "~ercial) of the newly annexed area east of 17-92 and north of Onora Road, as advertised in the following legal notice published in the Sanford Herald on July 30, 1965. NOTICE OF PUBLIC HEARING OF PROPOSED CHANGES AND AMEND~NTS 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 MINUTES. City Commission, Sanford, Florida .' August ~9 at 8 P. M. 1965 Dofh~,rc~w Offlao Supply Co..~.OiL~ndo. FIL. consider the following changes and amendments to the Zoning Ordinance of the City of Sanford, Florida: That property lying in the northeast corner of Onora Road and Highway 17-92 South is proposed to be zoned C-1 (Neighborhood Commercial) District. Said property being more particularly described as follows: Lots 28 through 37 (less rights of way for streets) Amended Plat of Druid Park, PB 7, pages 5 and 6. All parties in interest and citizens shall have an opportunity to be heard at said hearing. July, 1965. By order of the City Commission of the City of Sanford, Florida, this 26th day of H. L. Whelchel As City Clerk of the City of Sanford, Florida No objections being registered by persons present, it was moved by Commissioner Higginbotham, seconded by Commissioner Crapps and Carried that the above mentioned area be so designated for C-1 zoning and the City Attorney prepare the proper o~dinance for reading at the next regular meeting. A previous request and recommendation that an operation of a childrens day nursery, as a conditional use in a proposed zoning of R-lA, be allowed on the northeast corner of 3nora Road and Woodland Drive had previously been tabled. The Mayor then called for any objections from the property owners present from this immediate area. One property owner stated that he had no objection regarding the childrens nursery in an R-l~ zone as long as no commercial operations were allowed now or in the future, or the zoning changed later to commercial. It was moved by Commissioner Higginbotham, seconded by Commissioner Crapps and ~arried, that the conditional use for the operation of the childrens nursery be approved on ;he basis of the final adoption of the ordinance setting the R-lA zoning for this particular ~rea. A request was next presented from Guy Duffey for an occupational license to sell ~eer and wine for consumption on the premises at 2603 Park Drive. Whereby the application was approved by the Chief of Police, it was moved by Com- aissioner Crapps, seconded by Commissioner Baker and carried over the dissenting vote o£ 3ommissioner Wilson to approve the license. An application was next submitted from Lloyd Scruggs for a license for sale of beer ~nd wine for consumption off the premises at 1301 Celery Avenue, with application having been ~pproved by the Chief of Police. It was moved by Commissioner Higginbotham, seconded by Commissioner Crapps and ~arried over the dissenting vote of Commissioner Wilson to approve the license. The City Attorney next introduced Ordinance No. 860, entitled: AN ORDINANCE OF THE CITY COM~ISSION OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER lg, SECTION l~-l TMEREOF, PERTAINING TO THE ISSUANCE OF OCCUPATIONAL LICENSES, TEE CODE OF THE CITY OF SANFORD, FLORIDA, 195g, AS AMENDED, SAID AMENDMENT REQUIRING PAYMENT OF ALL PERSONAL PROPERTY TAXES AS A CONDITION PRECEDENT TO ISSUANCE OF SUCH LICENSE. 113 M I N U T E S · City Commission, Sanford, Florida August 9 at 8 P. Fl.. 19 65 Dnth~vow Offie~ 8uonlv Co.. Orlando. l?la. . , . , , - ,., . , and same was placed on its first reading and read in full. Commissioner Higginbotham then moved on the waiver of the requirement of the second reading of Ordinance No. 860, and that same be placed on its final passage and adoption. Thereupon, the question recurred on the waiver of the second reading, the roll was called and the vote stands as follows: Commissioner Raborn Yea " Baker " " Crapps " " Higginbotham " " Wilson " Said Ordinance No. 860 was then placed on its final passage and adoption, the roll was called and the vote stands as follows: Commissiongr Raborn Yea " Baker " " Crapps " " Higginbotham " " Wilson " Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous vote had passed and adopted said Ordinance No. 860, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER l#, SECTION 14-1 THEREOF, PERTAINING TO THE ISSUANCE OF OCCUPATIONAL LICENSES, THE CODE OF THE CITY OF SANFORD, FLORIDA, 1954, AS AMENDED, SAID AMENDMENT REQUIRING PAYMENT OF ALL PERSONAL PROPERTY TAXES AS A CONDITION PRECEDENT TO ISSUANCE OF SUCH LICENSE. Next submitted was Ordinance No. 861, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 8, SECTION 8-8 THEREOF, THE CODE OF THE CITY OF SANFORD, FLORIDA, 195~, AS AMENDED, SAID CHAPTER PERTAINING TO ELECTIONS, SAID SECTION ESTABLISHING POLLING PLACES, AND SAID AMENDMENT ESTABLISHING THE CIVIC CENTER AS THE POLLING PLACE FOR MUNICIPAL ELECTIONS. and same was placed on its first reading and read in full. Commissioner Crapps then moved on the waiver of the requirement of the second reading of Ordinance No. 861, and that same be placed on its final passage and adoption. Thereupon, the question recurred on the waiver of the second reading, the roll was called and the vote stands as follows: Commissioner Raborn Yea " Baker " " Crapps " Higginbotham " " Wilson " Said Ordinance No. 861, was then placed on its final passage and adoption, the roll was called and the vote stands as follows: Commissioner Raborn Yea " Baker " " Crapps " " Higginbotham " " Wilson " Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous' vote had passed and adopted said Ordinance No. 861, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, A ~/I-~'IkTT% 'f'l%T/'~- ~ID~ A 'IDm'L'~T~ 0 ~'~,~ m'r~'% '~' ~ .~ I)other~w Office Suuuly Co~, Orlan~}o, Fla. MINUTES City Commission, Sanford, Florida Angust 9 at 8 P.M. 19 65 SANFORD, FLORIDA, 1954, AS AME~OED, SAID CHAPTER PERTAINING TO ELECTIONS SAID SECTION ESTABLISHING POLLING PLACES, AND SAID AMENDMENT ESTABLISHING THE CIVIC CENTER AS THE POLLING PLACE FOR MUNICIPAL ELECTIONS. On motion of Commissioner Crapps, seconded by Commissioner Wilson and carried, current vouchers and payrolls were next approved, as evide~.ed by General Fund Florida State Bank Vouchers Nos. ~061 through Nos. &ll7; General Fund Sanford Atlantic National Bank Vouch- ers Nos. 10891 through Nos. ll061; and Water and Sewer Revenue Fund Sanford Atlantic National Bank Vouchers Nos. 978 through Nos. 991. Minutes of the City Commission of Monday, July 26, 1965, were next submitted for approval. It was moved by Commissioner Crapps, seconded by Commissioner Higginbotham and carried that the minutes be accepted. L. A. Baker appeared before the City Commission ~ith a request that due to his desire to expand the footage for the construction of a larger home on his lot on the south- east corner of Fourth Street and Willow Avenue, would the Commission consider selling him approximately a ten-foot triangle of the Willow Avenue Street right-of-way, whereby this would also bring the street right-of-way into the proper angle where it abutts on the north ehd Df his lot. Commissioner Baker suggested that the City Manager and Street Superintendent check the situation ou~ before any street abandonment is recommended. On further discussion, it was moved by Commissioner Higginbotham, seconded by 3ommissioner Wilson and carnied that a public hearing for the abandonment of the above men~ tioned portion of street right-of-way of Willow Avenue be set for the date.of August 23, 1965. Whereby at the meeting of August 2, 1965, the City Attorney submitted a proposal outlining the conditions that would be required under a transfer for a new lease agreement? David Michael Welchel, a leasee as approved by the San Francisco Giants and the City of Sanford, appeared before the Commission regarding a letter of August 3, 1965, from the City Attorney to Edgar P. Feely, Treasurer and Attorney for the Giants, outlining the City's conditions for the lease agreement. Mr. Whelchel stated that he wished to discuss the feasi- bility of an amendment to Paragraph 2, Item (a) which reads: "An absolute prohibition on further assignment", and Item (d) which reads as follows: "The following minimum sums to be spent by David M. Whelchel annually on capital improvements, first to ~he golf course itself until such time as the layout and condition are satisfactory to the City, and then to building improvement and additional structures: 5% of the first $50,000.00 of gross revenue 10% of the next $50,000.00 of gross revenue 15% of all gross revenue over $100,000.00. }ross revenue shall be defined as all revenue derived from all sources on the entire leased oremises with monthly accountings rendered to the City of Sanford. In the event any of the ~foresaid sums on an annual basis are not spent on such improvements, the same shall be paid ~o the City." Mr. Whelchel stated that Item (a) would, in case of death and/or incapacitation, ~ork a hardship if the lease could not be further assigned or sold and felt some modification oould be worked out hs long as any assignment was permissible with She City Commission. Also, that under Item (d) he requested that, monthly accountings rendered to the City of Sanford be nodified to quarterly accountings. Still further, under Item (d), he requested that considera- bion be given to changing the percentage of the gross revenue to read: 5% of the first MINUTES City Commission, Sanford, 'Florida August 9 at 8 P.M. 19. 65 115 Commissioner Crapps moved that modification be made in the lease whereby on further assignment by Mr. Whelchel the City would have the first right of refusal and that the City wo~ld pass on the assignee. There was no second to the motion. Commissioner Higginbotham was in favor of the City Attorney working out details on modification regarding further assignment on the basis that the Commission could negotiate any changes that they deemed necessary for the benefit of the City. Commissioner Crapps thought that on the gross revenue question a proposal could be worked out on a 5-year term level on the 5%- It was understood by both the Co~ission and Mr. Whelchel that under Item (c) re- garding maintenance and operation that this was to be in effect at the time the lease is negotiated. It was agreeable to ~he City Commission and understood by Mr. Whelchel that capital improvements would be carried over annually with capital?improvements to mean improvements to the property and would not include purchase and acquisition of equipment. Commissioner Baker stated that it should be kuown and spelled out as to which defi- nite improvements are to be accepted as capital improvements. Commissioner Higginbotham was in favor of modifying the word monthly to quarterly ~'accoUntings rendered to the City of Sanford. There was no official action taken. Signed petitions for annexation from the Royal Castle site at 27th Street and !Highway 17-92 and the Standard Oil site at Onora Road and Highway 17-92 we~ei,Presented.~or approval. It was moved by Commissioner Higginbotham, seconded by Commissioner Baker and icarried that the petitions be accepted for approval and the City Attorney instructed to draw the proper annexation ordinance. Meriwet_her L. Smith submitted a written request regarding a time extension on his ~condenmed. property at 501 East Third Street, Report No. 65-138, whereby he was incarcerated ~!and would go before a parole board in November, 1965. It was moved by Commissioner Crapps that a time extension on this property be. granted for a period of six (6)~ months from the date of the previous notice on July 29, 1965, to enable the owner to make the necessary repairs. The motion was seconded by Commissioner Wilson and carried. Next submitted was a letter from Walter A. Gielow, Secretary-Treasurer and Publisher of the local newspaper, The Sanford Herald, accepting the sale offer by the City of Sanford i0f city property in the Lake Mon2oe Industrial Park as outlined.~:in the City's letter dated i~une 8, 1965, to him. Conditions of the sale being for Lot No. i for a net to the City of ~5,000.00 with an option for one year on Lot No. 2 for a net to the City of $10,000.00; option ibeing renewable for one year only at the end of the first year of the option; date of the i~ption on Lot No. 2 is to start as of the date of the sale of Lot No. l; sale offer to extend 90 days from June 8, 1965. ! It was moved by Commissioner Higginbotham, seconded by Commissioner Wilson and that the City Attorney draw up the proper agreement, as outlined above, for signing ~y the proper City officials. Due to the contract for the municipal audit expiring on September 30, 1965, the ity Manager explained that John M. Fitzpatrick, local CPA and City's Auditor, was requesting / i16 MINUTE.S City Commission, San£ord, Florida August 9 at 8 P.M. 65 19 I)otherow Office Sunl~ly Go., Orlando, Fla. ~ear, this being a $250.00 per year increase. It was moved by Commissioner Higginbotham, seconded by Commissioner Crapps and ;arried that Mr. Fitzpatrick's new three-year agreement at $3,000.00 a year for City auditing Iservices be accepted. Due to A. K. Shoemaker now proceeding with the construction of the proposed apart- nents, it was requested that the ordinance drawn to close and vacate the east-west alley between Chapman and Locust Avenues, south of First Street be adopted, whereby the Public gearing had been advertised and held on June 28, 1965, to closing, vacating and abandoning the east-west alley of Block H, First Street Extension. The City Attorney next introduced Ordinance No. 862, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABAN- DONING A PORTION OF THE EAST-WEST AI, T~Y BETWEEN CHAPMAN AVENUE AND LOCUST AVENUE SOUTH OF FIRST STREEt. ~nd same was placed on its first reading and read in full. Commissioner Crapps then moved on the waiver of the requirement of the second reading of Ordinance No. 862, and that same be placed on its final passage and adoption. Thereupon, the question recurred on the waiver of the second reading, the roll was called and the vote stands as follows: Commissioner Raborn Yea " Baker " " Crapps " " Higginbotham " " Wilson " Said Ordinance No. 862 was then placed on its final passage and adoption, the roll ~as called and the vote stands as follows: Commissioner Raborn Yea " Baker " " Crapps " " Higginbotham " " Wilson " Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous vote had passed and adopted said Ordinance No. 862, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF THE EAST-WEST ALLEY BETWEEN CHAPMAN AVENUE AND LOCUST AVENUE SOUTH OF FIRST STREET Next under discussion was a request from Orville Johnson, Attorney for the town of North Orlando, whereby a program could be worked out to bring their prisoners to the Sanford City Jail for detention. After a lengthy discussion on the feasibility of co-operation on the public rela- tions basis with a trial period, it was pointed Out by the City Attorney that the City of Sanford should consider this both from the point of North Orlando and the prisoner regarding liability. Thereupon, it was moved by Commissioner Crapps that on the basis as outlined by the City Attorney the request be denied. Motion was seconded by Commissioner Higginbotham and carried. The City Manager neXt brought to the Commission's attention the matter regarding the mam~er in which they wish to regulate the amount of hours or type of work to be performed by Clark, Dietz, Painter & Associates under the engineering contract for the Lakef~ont Devel- MINUTES 117' City Commission, Sanford, Florida August. 9 at 8 P. M. 19 6~ to the type of contract, it would call for City approval on many phases, either by the City 3ommission or the City Manager. It was moved by Commissioner Baker that the City Manager exercise his authority on these engineering matters to be approved. Motion died for lack of a second. The City Attorney advised that the City Manager, even with engineering ability, should not accept the end responsibility of the project in case costs were to exceed the ~stimated figure of the engineering firm, whereby this should be the City Commission's responsibility. It was moved by Commissioner Higginbotham that all the engineering contract data ~equiring approval be brought before the City Commission. Motion died for a lack of a second. After discussion, it was moved by Commissioner Crapps, seconded by Commissioner Eigginbotham and carried that the engineering data be brought before the City Commission for ~pproval. Thereupon, the City Manager submitted the following for approval on survey work tentatively planned by the engineers under the initial~phase of the project: 1. Re-establish a base line (regarding relocation of the site one-half block to the east) and consisting of approximately three hours of survey work at an approximated cost of $49.00. Moved by Commissioner Baker, seconded by Commissioner Higginbotham and carried that Item No. I be approved. 2. Complete the previous survey Doudney has done for others t° pibk up culture and topography in the Marina area. 3.Supplement the Connell survey with sounding or prob~g (as necessary to determine the depth) 4.Locate and stake the narrow (2-foot) strip, privately owned by Mr. Landis of DeLand, Florida Moved by Commissioner Baker, seconded by Commissioner Higginb'otham~and carried for approval of Item No. 4. A discussion was further held after reviewing and approving the above mentioned !~ngineering data whereby the Commission felt that they were not qualified engineers to deter- mine what work was actually necessary and due to the engineering firm working toward a seventy- five days time limit, it was felt that the City Manager-City Engineer could best handle the matters with reference to cost savings to the City and time to the Engineers. Commissioner Crapps moved that the engineers appear before the Commission and iexplain in detail the reasons for the extra work and this not having been included in the iapproved contract. Motion died for a lack of a second. Thereupon, it was moved by Commissioner Wilson, seconded by Commissioner Baker and '~arried, with Commissioner Raborn voting in the affirmative, that the authority for approval ~or such engineering data under the contract with Clark, Dietz, Painter and Associates for Ohe design work and specifications for construction of the Marina-Lakefront Development ~roject be given to the City Manager, whereby the decisions would be a necessity in keeping ~ith the conditions of the contract. The Seminole County Chapter of DeMolay was present and the Mayor accepted on behalf ~f the City a check in the amount of $1,000.00, whereby these boys had personally collected Ohe amount to be applied towards t~e City's Operation B~autify Program. It was moved by Commissioner Higginbotham, seconded by Commissioner Wilson and: ~arried that the City Attorney be instructed to draw up an appropriate resolution commending MINUTES City Commission, Sanford,. Florida Au~lst 9 at 8 :P. M. 19 65 these boys for their approach and outstanding untiring efforts in collecting this money for a civic program. A prior discussion had been held regarding the feasibility of having stenographic assistance at the City Commission meetings. Commissioner Baker moved, seconded by Commis- sioner Higginbotham and carried, that the City Manager's secretary be made available for this stenographic assistance at the meetings, including authoriZation for payment df $21.00 per meeting. There being no further business, the meeting adjourned to go into a budget dis- cussion. ATTEST: lm F ~Ci%y~Clerk '