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021466-Regular Session MINUTES. . City Commission, Sanford, Florida. February 14 at 8 P. Fi. 10 66 D0therow Office Sul)l)ly Co. Orlando, Fla.. '.-.: · '. ':? ':: ' ' The City Commission of the City of Sanford, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. Fi. on February 14, 1966. Present: Commissioner A. L. Wilson, Mayor " J.B. Baker " Earl Higginbotham " M.L. Raborn, Jr. " W. Vincent Roberts City Attorney Wm. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. L. Whelchel Police Chief A. S. Williams The Chairman called the meeting to order, stating the first item of business was a Public Hearing to consider the rezoning of the following parcels of newly annexed prop- erties presently zoned R-1AA, as advertised in the Sanford Herald on February 4, 1966: NOTICE OF PUBLIC HEARING OF 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. on February 14, 1966, to consider the following changes and amendments to the Zoning Ordinance of the City of Sanford, Florida: (1) That property zoned R-1AA (Single Family Dwelling) District, located at 108 West 27th Street, is proposed to be changed to R-1 (Single Family Dwelling) District. Said property being more particularly described as: W 1/2 of Lots 359, 361 and 363, Frank Woodruff's Subdivision. (2) That property zoned R-1AA (Single Family Dwelling) District, located at southwest corner of 27th Street and Highway 17-92, is proposed to be changed to C-1 (Neigh- borhood Commercial) District. Said property being more particularly described as: Begin 24' N 32° 8' E of most southerly corner of Lot 42, run N 57° 54' W 150' N 32© 8' E lO1.3' E 131.91' southeasterly on curve 53.29' southwesterly on Road 150.2' to beg. Amended Plat Druid Park. (3) That property zoned R-1AA (Single Family Dwelling) District, located at southeast corner of Onora Road and Highway 17-92, is proposed to be changed to C-1 (Neigh- borhood Commercial) District. Said property being more particularly described as: South 67' of Lot 38, all of Lot 39, and the north 33.4' of Lot 40 (Less the east Amended Plat Druid Park. (4) That property zoned R-lAg (Single Family Dwelling) District, located on west side of Sanford Avenue in the 2800 block, is proposed to be changed to C-1 (Neighborhood Commercial) District. Said property being more particularly described as: Lots 25, 26, 27, 31 and 32, Park View, Second Addition. (5) That property zoned R-1AA (Single Family Dwelling) District, located on west side of Sanford Avenue in the 2800 block, is proposed to be changed to R-2 (One and Two Family Dwelling) District. Said property being more particularly described as: Lots 53 through 36, and Lots 43 through 48, Park View~ Second Addition. 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 January, 1966. H. L. Whelchel As City Clerk of the MINUTES City Commission, Sanford; Florida February 1 rl~l-I~r,~w ._t"}{}'i~,,,~ R,~p.r, ly dr,.. ~-I~ntln. '~1~. " The first property so dezcribed as W 1/2 of Lots 359, 361, and 363, Frank Woodruff's Subdivision, now zoned R-1AA (Single Family Dwelling) District, is proposed to be changed to R-1 (Single Family Dwelling) District. The Chairman announced that the Commission would be glad to hear from anyone in favor of, or against the zoning as adver- tised in the foregoing notice. There being no objections registered, and after discussion, Commissioner Higginbotham moved that the City Attorney be instructed to prepare the appro- priate ordinance for the property to be rezoned as advertised, seconded by Commissioner Roberts and carried. The next parcel so described as begin 24' N 32° 8' E of most southerly corner of Lot 42, run N 57° 54' W 150' N 32° 8' E lO1.3' E 131.91' southeasterly on curve 53.29' south- westerly on road 150.2' to beg., Amended Plat Druid Park, now zoned R-1AA (Single Family Dwelling) District, is proposed to be changed to C-1 (Neighborhood Commercial) District. The Chairman announced that the Commission would be glad to hear from anyone in favor of, or against the zoning as advertised in the foregoing notice. There being no objections registered, and after discussion, Commissioner Higginbotham moved that the City Attorney be instructed to prepare the appropriate ordinance for the property to be rezoned as advertised, seconded by Commissioner Roberts and carried. The next parcel so described as south 67' of Lot 38, all of Lot 39, and North 33.4' of Lot 40 (Less the east 339.4'), Amended Plat of Druid Park, presently zoned R-1AA (Single Family Dwelling) District, is proposed to be changed to C-1 (Neighborhood Commercial) District. The Chairman announced that the Commission would be glad to hear from anyone in favor of, or against the zoning as advertised in the foregoing notice. There being no objections registered, and after discussion, Co~missioner Roberts moved that the City Attorney be instructed to prepare the appropriate ordinance for the property to be rezoned as advertised, seconded by Commissioner Raborn and carried. The next parcel so described as Lots 25, 26, 27, 31, and 32, Park View, presently zoned R-1AA (Single Family Dwelling) District, is proposed to be changed to C-1 (Neighborhood Commercial) District. The Chairman announced that the Commission would be glad to hear from anyone in favor of, or against the zoning as advertised in the foregoing notice. There being no objections registered, and after discussion, Commissioner Higginbotham moved that the City Attorney be instructed to prepare the appropriate ordinance for the property to be rezoned as advertised, seconded by Commissioner Baker and carried. The next and final parcel so described as Lots 33 through 36, and Lots 43 through 48, Park View Second Addition, presently zoned R-1AA (Single Family Dwelling) District, is proposed to be changed to R-2 (One and Two Family Dwelling) District. The Chairman announced that the Commission would be glad to hear from anyone in favor of, or against the zoning as advertised in the foregoing notice. There being no objections registered, and after dis- cussion, Commissioner Roberts moved that the City Attorney be instructed to prepare the appropriate ordinance for the property to be rezoned as advertised, seconded by Commissioner Higginbotham and carried. After discussion and consideration of current circumstances, Commissioner Higginbotham moved that the request from Mr. J. C. Walter, 202 Grapeville Avenue and owner of property at 2528 Orange Avenue, described as south 1/2 Lot 7, all Lots 8, 9, l0 and ll, i!Oak Hill, to vacate the alley abutting Lots 8 and 9, between the railroad and Orange Avenue, /186 MINUTES, City Commission, Sanford, Florida' February l~ at 8 P. M. 19.66 Y)nth~row Offie~ 8unolv Co.. Orlando. Fla. " "" ":" ' "' ' '' due to the existing residential structure on Lot 8 being constructed approximately three feet in the alley right-of-way, be tabled. Seconded by Commissioner Rabo~n and carried. Considered next was a request from A. Kay Shoemaker, local contractor for Town N' Country apartments, for the City to pave Chapman and Locust Avenues from First Street to Second Street, agreeing to pay his one-third pro-rata paving cost as an abutting property owner in the amount of $1,048.59. Co~missioner Higginbotham moved to approve the City Manager contacting the property owners abutting the above mentioned streets regarding the paving and paying their pro-rata share of the cost on a voluntary basis, and if not agreeable, the City to then proceed with the necessary legal procedures for assessments thereof. Motion died for lack of a second. Commissioner Raborn moved that the City do the paving project of one-half block deep on Chapman and Locust Avenues with Kay Shoemaker, as abutting property owner, paying his pro-rata share of $1,048.59, and any other abutting property owners be requested to pay ,~their proportionate share for the one-half block deep. Motion died for lack of a second. After further discussion, Commissioner Higginbotham moved that the City proceed to expend the funds to pave Locust Avenue from First to Second Street on the basis that Locust is a through street from 20th Street to downtown East First Street; and that property owners be contacted to pay their pro-rata share of the cost on a voluntary basis and if not agreeable, they then be assessed their pro-rata share of the paving costs. Seconded by Commissioner Baker and carried over the dissenting vote of Commissioner Raborn. A discussion was next held regarding a request of H. L. (Brad) Foley o£ 2413 Grandview Avenue, for the City to consider paving Grandview Avenue South from 2~th Place north to the dead end, although participation by the abutting property owners was not one hundred per cent regarding their pro-rata share of the cost. After due consideration, Commissioner Baker moved for the City to pave East 24th Place and Grandview Avenue South from 2~th Place north to dead end with the participation of the abutting property owners paying their pro-rata share on a voluntary basis or be assessed for such cost. Seconded by Commissioner Higginbotham and carried. On further discussion of paving projects, Commissioner Raborn moved to authorize that the City undertake the project to pave Chapman Avenue for approximately one-half block deep with Kay Shoemaker, abutting property owner, to pay his pro-rata share and abutting property owners be requested to pay their pro-rata share. Seconded by Oommissioner !Higginbotham and carried over the dissenting vote of Commissioner Baker and Commissioner iRoberts. On a previous complaint of Mrs. Charles A. Vining, 700 West 25th Street, regarding the blowing debris nuisance created by the shopping area at the northwest corner of French iAvenue and 25th Street, due to the Winn-Dixie and Super-X stores not complying with the City's request to keep their parking lot clean, the City Manager reparted that, on authori- zation of the Commission, the written request of January ll, 1966, with a 15-day time limit, to Davis Diversified Investments, Jacksonville, Florida, requesting a fence be placed on their west property line to control this problem, had not been complied with nor any reply received as to their intentions. After discussion and on opinion rendered by the City Attorney, Commissioner Higginbotham moved to table the matter on the basis that it cannot be termed a public nuisance MINUTES City Commission. Sanford,: Florida February.. ~L/4 at 8 P. Fi. 19, 66 iS7 "! Flnth~rnw Offlaa~ .qnpply I~.n.: Orlandn. l;'la. ~ ___ '" '.' "~, 7' -? 'd ", ' · ; : ' i ":; ~ , in that it does not affect the general public and, therefore, falls into the catagory of a private nuisance requiring the affected party to institute action. Seconded by Commissioner Baker and carried. Next under consideration and approved by the Police Chief~ was application re- questing the transfer of an alcoholic beverage license, other than beer and wine, from the name of Elizabeth A. d'Aversa, 2510 Oak Avenue, and the issuance of a City occupational license to John D. Carlton for operation of a package store, consumption off the premises, at 1303-B South Sanford Avenue. Commissioner Higginbotham moved to authorize a Public Hearing February 28, 1966, to consider the feasibility of amending the zoning boundaries as set forth for the sale of alcoholic beverages, other than beer and wine, in order that Mr. Carlton's request for opera- tion at the .above mentioned location could be considered further. Seconded by Commissioner Roberts and carried over the dissenting vote of Commissioner Raborn. On further consideration of this request, Commissioner Baker moved that all abutting property owners within 300 feet of Mr. Carlton's requested location at 1303-B South Sanford Avenue be mailed an individual notice of the public hearing to consider this location for inolusi0n within the boundaries for sale of alcoholic beverages. Seconded by Commissioner Raborn and carried. On application and recommendation of the Police Chief, Commissioner Raborn moved on the approval of issuance of a City occupational license for the sale of beer and wine off the premises at the new 7-Eleven Food Store at the location of 1201 Park Avenue. Seconded by Commissioner Higginbotham and carried. On recommendation of the City Manager, Commissioner Baker moved to approve the reclassification of Joseph E. Johnson, employed February 13, 1960, laborer in the Refuse Division, as follows: From 3-D ($59.50/week) To 3-E ($61.63/week) Seconded by Commissioner Raborn and carried. Minutes of January 10, 1966, were next approved on the motion of Commissioner Higginbotham, seconded by Commissioner Roberts and carried. On recommendation of the City Manager, Commissioner Higginbotham moved to approve the payment of invoic~ dated January 25, 1966, in the amount of $500.00 to City Attorney William C. Hutchison, Jr., for special litigation services as rendered regarding Junita Harold vs City of Sanford, pertaining to sidewalk injury, Law No. 3803. Seconded by Commissioner Baker and carried. On request of City Manager, Commissioner Higginbotham moved to authorize the City iManager to negotiate for the purchase, as an emergency measure to eliminate bid procedure and waiting period, of a replacement vehicle for City police car No.. 28, 196~ Dodge, 4-door sedan, demolished in an accident at 20th Street and Sanford Avenue on January 30~ 1966. iSeconded by Commissioner Roberts and carried. After discussion and consideration~ Commissioner Higginbothammoved to authorize the City Manager to proceed with the preparing of plans to be submitted to the Florida State Board of Health for approval, preparing and submission of permits to the Florida State Road Department for approval of the City to install a 12-inch water main on the east side of Highway 17-92 from Onora Road south to connect the recently purchased Sunland Estates water Dotherow (~ffiee SunDIv Co.. Orlando. Fla. MINUTES City Commission, Sanford, Florida :: ~ebruary :l.Z[ at $ P. Fi. 19 66 distribution lines into the City water treatment and production system; with motion to include the purchasing and cost of the pipe and related materials for the project. Seconded by Commissioner Roberts and carried. Upon request o£ the City Hanager and a£ter discussion, Commissioner Baker moved to authorize the City's approved part-time engineer to proceed with City work at his employer's drafting table in the local office of Clark, Dietz a~d Associates until such time as the City's drafting equipment arrives in Flay; including the startin~ of the Sunland Estates water line plans. Seconded by Commissioner Roberts and carried. Commissioner Higginbotham next presented to the Commission a request to him £rom Joe Gazil for consideration ~egarding the posSible sale of the City's dedicated park property at the corner o£ Ninth Street and French Avenue east to Laurel Avenue, whereby he is seeking a site on which to construct a larger food store and to include a shopping center. After discussion, the City Commission agreed to give further consideration and instructed the City Attorney to proceed with the necessary research work on the last legis- lative session action regarding amendments on validity of Sanford He±rs dedications restrict- ing the sale of the property for such purpose or it thereby reverts to the heirs. Commissioner Raborn suggested that a copy of Roberts Rules of'Order be made availa- ble to each Commissioner for'study on the feasibility of adopting such rules. The City Attorney next presented a proposed Agreement to Lease on the Lakefront Development Marina-Hotel as verbally discussed in a prior informal meeting of the City Commission with Hr. Harold Slama. Under lengthy discussion, several items o£ changes were recommended in that the document would have to be r~drafted and again reviewed at another meeting for Commission approval before releaSe of the document to the other party. Commissioner Higginbotham moved that the City adopt the verbal agreement or agreements that were previously discussed with Hr. Slama and the City agreed to draw up a contract to enter into a lease for the motel-marina. Seconded by Commissioner Roberts and carried. There being no £urther business, the meeting adjourned. ATTEST: lm ADDENDUM TO THE REGULAR MEETING OF FEBRUARY 14, 1966, APPROVED AT REGULAR MEETING OF MAY 2~, 1966. On motion of Commissioner Higginbotham, seconded by Commissioner Baker and carried current vouchers and payrolls were next approved as evidenced by General Fund Florida State Bank Voucher Nos. ~05 through 4~65; General Fund Sanford Atlantic National Bank Voucher Nos. 11362 through 11555; and Water and Sewer Revenue Fund Sanford Atlantic National Bank Voucher