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012268MINUTES; 4'91 City Commission, Sanford, Florida January 22 at 8 P.M. 19 6____8 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. M. on January 22, 1968. Present: Commissioner W. Vincent Roberts, Mayor " Earl Higginbotham " Lee P. Moore " M.L. Raborn, Jr. " A.L. Wilson City Attorney Wm. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. L. Whelchel Police Chief Ben E. Butler The meeting Was called to order by the Chairman. The first item of business for consideration was a request for a quit claim deed submibted by Speer and Speer, Attorneys at Law, requesting that same be executed for clarifi- cation by description and conveyance of ownership. The City closed and abandoned on June 8, 1953, that portion of the east-west alley lying between Sanford and Pine Avenues and First and Second Streets and adjacent to Lots i through 7 and Lots 13 and 19, Spurling's Plat of Block 15, Chapman and Tucker's Addition to Sanford, Florida, and recorded in Deed Book 199, Page 36, Public Records of Seminole County, Florida. The lots were conveyed on July 20, 1953, by the City of Sanford to James E. Williams and Olvie E. Williams, his wife, and recorded in Plat Book 3, Page 81, Public Records of Seminole County, Florida. After discussion and on recommendation of the City Attorney, Commissioner Higgin- botham moved to authorize that a Quit Claim Deed be executed by the Mayor and City Clerk for title conveyance for that portion of' the abandoned alley right-of-way adjacent to. these lots as described in the foregoing paragraph. Seconded by Commissioner Raborn and carried. Consideration was next given to a request by Earl Nettles, Orange City, for a veteran disability exempt occupational license to solicit for Travelers Auto Association, Inc. ~Mr. Nettles stated that he now holds an exempt license for the same operation in the City of ~Deland Florida. The City Attorney recommended that the law governing same under the State ~.Statutes be verified as to the issuance of more than one exempt occupational license On motion of Commissioner Raborn, seconded by Commissioner Wilson and carried, the exempt occu- pational license was authorized subject to proper verification by the City Attorney. Next Submitted for consideration was a statement from Shoemaker Construction Company? Inc., in the amount of $25,662.06, submitted on Final Payment Requisition dated January 9, 1968, for materials and work completed on the Lakefront Marina Project as authorized under iAgreement for Miscellaneous Marina Facilities, dated March 27, 1967, and approved by the City ~project engineering firm Clark, Dietz and Associates, and the City Manager. After discussion, i Commissioner Higginbotham moved to authorize payment to Shoemaker Construction Company the ilamount of $24,282.5~, retaining the amount of $1,379.52 pending settlement of the two damaged floats. Seconded by Commissioner Raborn and carried. After consideration and on recommendation of the City Manager, Commissioner Higgin- ibotham moved to authorize payment in the sum of $5,000.00 as evidenced by Statement No. l, dated January 16, 1968, to Clark, Dietz and Associates, consulting engineering firm, for the Preliminary Engineering Utility Study and Report for the furnishing of water and sewer facili- ties to the Seminole County Junior College and adjacent areas, as authorized by Contract ~dated September 26, 1966. Seconded by Commissioner Wilson and carried. Letters submitted by Tamiami Trails, Inc., and Greyhound Bus Lines requesting to be !heard by the Commission were next considered. Tamiami Trails, Inc., has requested the City MINUTES City Commission, Sanford, Florida Januar7 22 at 8 P. lt. 19 68 to support their application for extended services before the Public Service Commission, and Greyhound Bus Lines is in opposition to such support. After consideration and on motion of Commissioner Raborn, seconded by Commissioner Higginbotham and carried, the City Manager was authorized to write letters to the respective representatives inviting them to appear at the next regular Commission Meeting on February 12, 1968, to be heard in the matter. Discussion was next given to a recommendation of the Central Examining Board for the adoption of the 1967 revisions to various City codes in that it would be in compliance with federal requirements for the updating and recertification of the Workable Program for the City, in addition to allowing contractors to use up-to-date materials in their various types of work. After consideration and the City Manager explaining the technical aspects of the need for such revisions and recommending same, Commissioner Higginbotham moved to approve the adoption of the revisions to the codes of the City of Sanford as follows: (a) 1967 Revision to the 1965 Edition of the Southern Standard Building Code. (b) 1967 Revision to the 1962-63 Edition of the Southern Standard Plumbing Code. (c) 1967 Revisions to the 1965 Edition of the Southern Standard Gas Code. (d) 1966 Revision to the 1965 Edition of the Fire Prevention Code. and that the City Attorney be authorized to prepare the appropriate ordinance for adopting current amendments to said codes. Seconded by Commissioner Wilson and carried. Consideration next given to a request of Bob Wallace, Wallace Signs, Orlando, for approval of an oversized sign of 423 square feet proposed for the new Theatre-Cinema in the Sanford Shopping Plaza. After consideration and on recommendation of the City Manager and the Building Official, Commissioner Higginbotham moved that a variance be so authorized to allow the erection of the theater sign and that the City Manager be given authority to approvel signs over the allowed 150 square feet with said approval subject to review or appeal by the City Commission. Seconded by Commissioner Raborn and carried. Copies of agreements between the City of Sanford and the Bernarr~i~acFadden Founda- tion regarding property purchased from the City by said Foundation were next considered with referral to the Agreement contract dated July, 1963, and the clause contained therein on Page 7, Section 12 (b~ outlining the Foundation's first right of refusal relative to purchase of the State of Florida property known as the Central Florida Experiment Station, Celery Avenue, in the event that in the future the title to said property should be conveyed to the City of Sanford. A discussion on said subject was held with the City Attorney rendering an opinion that at the time the Agreement was executed and said clause inserted, the City would have predicated it on prematurity, depending on the circumstances in the future. When the City receives title to the propertY, a determination should be made at that time if the property is going to be available for sale or should be retained for the best interest of the City and its taxpayers. On motion of Commissioner Higginbotham, seconded by Commissioner Wilson and carried the matter was tabled as the City is not in a legal position at the present time to discuss the matter of sale or disposition of the Experimental Station property. Consideration was next given to a recommendation of the Zoning and Planning Commis- sion for the rezoning from R-1 (One Family Dwelling) District to that of C-1 (Neighborhood MINUTES' 4,93 ' · City Commission, Sanford,. Florida January 22. at 8 P.M. 19 6__8_8 Commercial) District, for that property legally described as Lots 1 through 9, Bl~ck 3, Palm Terrace, located on the southeast corner of 25th Street and Grandview Avenue, for the pro- posed use by the County of Seminole for the operation of a Vehicle SafeDy Inspection Station. County officials Robert S. Brown, County Zoning Director, and J. C. Lavender, Co.unty Road Superintendent, were present to represent the request. After discussion, Commissioner Higginbotham moved to set a public hearing date of February 12, 1968, for further consideration of the rezoning recommendation and to authorize the City Clerk to advertise same. Seconded by Commissioner Wil~on and carried. Commissioner Higginbotham next introduced Ordinance No. 931, entitled: AN 0RDINANCEi OF 2 ~E FLORIDA, AMENDING ORDINANCE NUMBER 771 OF SAID CITY, AS AMENDED, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID AMENDMENT PLACING CERTAIN TERRITORY IN C-2 (GENERAL COMMERCIAL) DISTRICT. and same was placed on its forst reading and read in full. Commissioner Higginbotham then moved on the waiver of the requirement of the second reading of Ordinance No. 931, and that same be placed on its final passage and adoption. Motion seconded by Commissioner Moore;:. Thereupon, the question recurred on the waiver of the second reading, the roll was called and the vote stands as follows: Commissioner Higginbotham Yea " Moore " " Raborn " " Roberts " " Wilson " Said Ordinance No. 931 was then placed on its final passage and adoption, the roll was called and the vote stands as follows: Commissioner Higginbotham Yea " Mo ore " Raborn " " Roberts " " 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. 931, entitled: AN ORDINANCE OF THE CITY OF SAN-FORD, FLORIDA, AMENDING ORDINANCE NUMBER 771 OF SAID CITY, AS AMENDED, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID AMENDMENT PLACING CERTAIN TERRITORY IN C-2 (GENERAL COMMERCIAL) DISTRICT. A discussion was next held with the City Attorney regarding the pending court case of William A. Leffler, Jr., vs City of Sanford, pertaining to the City water line to the Central Florida Experiment Station on Celery Avenue (State Road 415) within the easement or road right-of-way of the Florida State Road Department, constructed under a permit issued by this Department. After consideration, Commissioner Higginbotham moved that the City Attorney be instructed to pursue the suit along the lines as he so recommended and to prevail upon the State Road Department to remain in the case as the State agency permitting such utility con- struction on State right-of-way, and to authorize the City Attorney to draft a letter to this Department regarding same with the Mayor's signature attached thereto. Seconded by Commis- sioner Raborn and carried. As requested in prior meeting of January 8, 1968, the City Manager presented cost 494 MINUTES City Commission, Sanford,. Florida Januar7 22 at 8 P. Ii. 19. 68 figures covering proposed water and sewer line extensions and street construction for a pro- posed vinyl plastic manufacturing industrial site requesting annexation into the City and lying east of Grapeville Avenue at Jewetts Lane. After discussion, Commissioner Higginbotham moved to approve extending the utilitie~ including said Jewett Lane street construction when the principals of the proposed industry finalize building plans and the property is annexed, and moved to approve $5,200.00 be ex- pended from the Water and Sewer Renewal and Replacement Fund to cover the cost of the water line extension. Seconded by Commissioner Moore and carried. Consideration next given to an application that is now available for those cities wishing to submit for a second time an attempt to acquire federal funds for a project of Model Cities Program of 50% matching funds for planning. After discussion, Commissioner Raborn moved that the City Manager be directed to resubmit a second application on the Model Cities Program in an abbreviated form or application similar to the City's first application. The Chairman then requested to relinquish his chair for the purpose of seconding the motion, and was replaced by Commissioner Higginbotham as acting Chairman. Commissioner Roberts then seconded the motion and it carried. Consideration was next given to a prior letter received from the Florida State Board of Health citing the need of the City of Sanford to increase the primary sewage treat- ment effluent to secondary treatment to meet the requirements under federal guidelines. On motion of Commissioner Moore, seconded by Commissioner Wilson and carried, the City Manager was authorized to notify the Florida State Board of Health that the City of Sanford's engi- neering firm is presently working on ramifications for future plans for increased sewage treatment. A letter of resignation from Municipal Judge C. Vernon Mize, Jr., effective as soon as a replacement can be appointed, or March l, 1968, whichever occurs first, was given con- sideration, and on motion of Commissioner Higginbotham, seconded by Commissioner Raborn and carried, same was accepted with regrets with Judge Mize to be so notified. The City Manager reported that the attendance at the Youth Wing of the ~ivic Center for a period of 22 days had been an average of two daily during the evening hours. After discussion, Commissioner Higginbotham moved to close the Youth Wing tha evening hours for the remainder of the winter season due to operational costs and lack of participation, seconded by Commissioner Raborn and carried. The City of Sanford Fiscal Audit for the year 1966-67, as prepared by City Auditor John Ii. Fitzpatrick, CPA, was next presented for consideration, and after discussion and on motion of Commissioner Higginbotham, seconded by Commissioner Raborn and carried, same was accepted as prepared. There being no further business, the meeting adjourned. ATTEST: lm MAYOR