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040868 MINUTES City Commission, Sanford, Florida April 8 at 8 P. M. _19. 68 521 ", 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 ~pril 8, 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 was consideration of a previous request of C. A. Whiddon,. Sr., Whiddon Real Estate, of his client J. A. Gallimore, for the City to deed certain street right-of-ways of Water Street, Pomegranite Avenue and Mulberry Avenue, in Block 2N, St. ~Gertrude Addition to the Town of Sanford, Florida, and the City Commission authorizing same on March ll, 1968. It was discussed that certain stipulations required by the Commission and outlined in the minutes of March ll, 1968, were questioned by Mr. Whiddon and needed clarification. The City Attorney explained that in Mr. Whiddon's previous request that Fulton Street right- ~of-way had not been included, but was now in the Deed. The City Manager called attention to lithe a utility easement in that section of Water Street for the sewer from the treat- need. of iiment plant to the property to the west of the City. After discussion, Commissioner Higginbotham moved that the Mayor be authorized to execute a quit claim deed for the aforementioned street right-of-ways with the following stipulations: (a) That the City place in escrow the deed with Mr. Whiddon, to be delivered to his client at the time they close the balance of property his client is buying from other parties. (b) The client to sign a petition for a~nexation to the City for all of the property. (c) If within one year of May l, 1969, Mr. Whiddon has not closed these transactions, then the deed is returned to the City. (d) After the transaction is closed and the client has the deed, the instru- ment will also provide that construction of the industrial complex will be started within three years, and in the event the client fails to so, a reverter provision returns the property to the City. (e)A utility easement to be deeded to the City in the closed portion of Water Street. (f) Construction of four industrial facilities that will total approximately 40,000 square feet. ' Seconded by Commissioner Wilson and carried over the dissenting votes of Commissioner Raborn and Commissioner Roberts. A Public Hearing was next held to'consider the request of property owners R. A. and Thelma D. Williams and represented by Attorney C. Vernon Mize, Jr., for the closing and abandoning of certain unimproved and unopened platted street right-of-ways within an area of four blocks proposed for construction of a housing development of low rent subsidy,,and as advertised in the Sanford Herald on March 29, 1968. .no Fla. MINUTES City Commission, Sanford, Florida April 8 at 8 P. M. 19 68 NOTICE OF PROCEEDING FOR VACATING, CLOSING AND ABANDONING PORTIONS OF STREETS TO WHOM IT MAY CONCERN: You will take notice that the City Commission of the City of Sanford, Florida, at 8:00 P. M. on April 8, 1968, in the City Commission Room at the City Hall in the City of Sanfo~d, Florida, will consider and determine whether or not the City will close, vacate and abandon any right of the Cityand the public in ~and to these portions of streets hereinafter described, to wit: That portion of Mulberry, Jessamine and Oleander Avenues lying between the south right-of-way line of Fifth Street and the north right-of-way line of Sixth Street. Persons interested may appear and be heard at the time and place above specified. CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA BY: H. L. WHELCHEL, CITY CLERK The Chairman announced that the Commission would be glad to hear from anyone in favor of, or against, the closing as advertised in the foregoing notice. The City Manager informed the Commission of an existing deep main sewer line in the center of Mulberry Avenue and that during installation of the sewer the entire street caved in due to the sandy soil, recommending a full street width easement be retained. There being no opposition and after discussion, Commissioner Higginbotham moved to approve the closing and abandoning of said street right-of-ways as advertised in the fore- going notice; the City Attorney be authorized to prepare the proper ordinance for said abandoument; a utility easement equal to the width of the street right-of-way be retained in that portion of Mulberry Avenue; and the ordinance for said abandonment to be executed and delivered at the time the transaction is closed. Seconded by Commissioner Moore and carried. A Public Hearing was next held to consider the request of property owners R. A. and Thelma Williams and represented by Attorney C. Vernon Mize, Jr., for the rez~ning to multiple family dwelling district four blocks of property as recommended by the Zoning and Planning Commission, to permit the construction of a housing development, and as advertised in the Sanford Herald on March 29, 1968. 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 P. M. on April 8, 1968, to consider the following changes and amendments t° the Zoning Ordinance of the City of Sanford, Florida: (1) That area bounded on the north by Fifth Street, on the south by Sixth Street, on the east ibyHangoustine Avenue, and on the west by Pomegranite Avenue, presently zoned R-2 and R-5 (One and Two Family Dwelling) District, is proposed to be changed to R-6 (Multiple Family Dwelling) District. Said area being more particularly dez~cribed as: Block 7, Tier 17, Block 7, less the ~ of NE~, Tier 18; Block 7, Tier 19; Block 7, Tier 20; Florida Land and Colonization Company Limited Map of St. Gertrude Addition to the Town of Sanford. All parties in interest and citizens shall have an opportunity to be heard at said hearing. MINUTES City Commission, Sanford, Florida April 8 at 8 P. M. 19 68 523 By order of the City Commission of the City of Sanford, Florida, this 25th day of March, 1968. H. L. Whelchel as City Clerk of the City of Sanford, Florida 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 opposition and after discussion, Commissioner Higginbotham moved to authorize the City Attorney to prepare an ordinance for the rezoning as advertised in the foregoing notice. Seconded by Commissioner Moore and carried. A Public Hearing was next held to consider the recommendation of the Zoning and Planning Commission for the rezoning of property from C-2 (General Commercial) District to M-1 (Industrial) District for a proposed cabinet manufacturer and warehouse, as advertised in the Sanford Herald on March 29, 1968. 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 P. M. on April 8, 1968, to con- sider the following changes and amendments to the Zoning Ordinance of the City of Sanford, Florida: hearing. (2) That property located at 102 North Maple Avenue, presently zoned C-2 (General Commercial) District, is proposed to be changed to M-1 (Light Industrial) District. Said property being more particu- larly described as: NE~ and NW~ of Block 2, Tier 10, E. R. Trafford's Map of Sanford. 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 25th day of March, 1968. H. L. Whelchel as City Clerk of the City of Sanford, Florida The Chairman announced that the Commission would be glad to hear from anyone in favor of, or against, the rezoning as advertised in the foregoing notice. There being no opposition, Commissioner Higginbotham moved to authoriZe the City Attorney to prepare an ordinance for the rezoning of said property as set forth in the legal notice. Seconded by Commissioner Wilson and carried. A Public Hearing was held next to consider the request of property owner Thomas L. Largen, M. D., for the vacating and abandoning of a platted alley right-of-way for the proposed construction of a medical complex, and as advertised in the Sanford Herald on March 29, 1968. NOTICE OF PROCEEDING FOR VACATING~ AND CLOSING AN ALT,~Y TO WHOM IT MAY CONCERN: You will take notice that the City Commission of the City of Sanford, Florida, at 8:00 P. M. on April 8, 1968, in the City Commission Room at the City Hall in the City of Sanford, Florida, will consider and determine whether or not the City will close, vacate and abandon any right of the City and the public in and to that certain east-west alley lying MINUTES City Commission, Sanford, Florida April 8 at 8 P. M. 19 68 between Locust and Lakeview Avenues and East First and East Second Streets. Said alley being more particularly described as follows:i~ The east-west alley lying south of Lots i through 9, and north of Lots l0 and 25, Block J, First Street Extension. Persons interested may appear a~d be heard at the time and place above specifiedl, City Commission of the City of Sanford,' Florida By: H. L. Whelchel, City Clerk The Chairman announced that the Commission would be glad to hear from anyone in favor of, or against, the alley closing as advertised in the foregoing notice. There being no opposition, Commissioner Higginbotham moved to authorize the City Attorney to prepare an ordinance pertaining to same with utility easement on the south property line of Lots 24 and ll. Seconded by Co~missioner Wilson and carried. Consideration was given to a recommendation of the Zoning and Planning Commission for the rezoning from R-5 (One and Two Family Dwelling) District, to that of M-1 (Light Industrial) District, for that property legally described as: Beg. NW corner of Rand's Addi- tion to Sanford; run east to NE corner of same; north to LeesburE Branch of ACL/RR; SW to point of beg. Section 26, Township 19, Range 30, less street ROW; located in the area of West Eighth Street and Persimmon AvenUe; for the proposed use of industrial warehousing and distri- bution point, as requested by John L. Sauls, Trustee for Southern Methodist Church property !as above described. After discussion, Commissioner Higginbotham moved to set a public hearing date of April 22, 1968, for further consideration of the rezoning recommendation, and to authorize !iithe City Clerk to advertise same. Seconded by Commissioner Wilson and carried. After consideration and on recommendation of the City's Insurance Committee, Commis-'l sioner Moore moved to approve the insurance plan of Insurance Company of North America as outlined, for the annual premium of $18,58~.00, and that the insurance covergge with the Phoenix Insurance Company be cancelled when the City is covered by Insurance Company of North America. Seconded by Commissioner Higginbotham and carried. Afterjconsideration and on recommendation of the City Manager a~d Police Chief, Commissioner Higginbotham moved to approve the transfer, in name only, of City occupational beer and wine License No. 563 for consumption off the premises, from John L. Hunt d/b/a Joe's Grocery, to George DeMattio d/b/a D and G Grocery, 713 Celery Avenue. Seconded by Commis- sioner Moore and carried. Consideration was next given to a street light request. After discussion, Commis- sioner Higginbotham moved to approve the installation of five street lights, as recommended DY the City Manager, between the 1800 and 1900 block on West Third and West Fourth Streets. Seconded by Commissioner Raborn and carried. Consideration was next given an appointment to the Board of Adjustment, since the three-year term of Jerry M. Senkarik is to expire on April l~, 1968. On motion of Commis- sioner Raborn, seconded by Commissioner Higginbotham and carried, the matter was tabled. On request of ~roperty owner Denver C. Caldwell and consideration of same, Commis- sioner Higginbotham moved to approve a 90-day time extension on Condemuation Report No.68-209, Group 13, covering condemned property located at ~19 East Third Street, to allow the property owner to make contemplated repairs to the structure. Seconded by Commissioner Wilson and carried. MINUTES City Commission, Sanford, Florida April 8 at 8 P. M. 525 '" A letter from Attorney Albert N. Fitts representing Henry McAlister, property owner within the proposed site for the Goldsboro Recreation Neighborhood Facilities Building, was next discussed. Said letter stating that the owner was negotiating with a private individual the sale of the property for a sum of $8,500.00 In reviewing Commission action of March 25, 1968, authorizing the purchase of the entire site or block at a cost net t~ exceed the appraisal figure of $13,~I0.00, including the McAlister property described as Lots 6 through lC, Block 9, Tier 17, Seminot~ Park, at the appraised figure of $4,960.00, Commissioner Raborn moved that the appraiser for the City be granted authority to negotiate the close of sales with those property owners within the site that are willing to sell and the City proceed to acquire by eminent domain the property of Henry McAlister. Seconded by Commissioner Higginbotham and carried. After consideration and on motion of Commissioner Higginbotham, seconded by Commis- sioner Moore and carried, approval was given to transfer funds as follows: (a) $100.00 from Account No. 5001, Engineering Salaries, to Account No. 5007, Engineering Travel, to cover expense for the Building Official to attend a Planning and Zoning Conference in Tampa on May l-t, 1968. (b) $1,375.00 from Contingency Account No. 8150 to Account No. 7085, Automotive Insurance, to cover increase in cost premium after adoption of c~mrrent budget. Afterconsideration and on recommendation of the City Manager, Commissioner Moore moved to approve the final payment of a 5% retainage on the piers and associated work in the amount of $6,~29.85 to Bercleve Unifloats, Inc., Jacksonville, Florida, as submitted on Statement dated April l, 1968, as authorized under Agreement dated January 3, 1967, for Floating Piers and Associated Work for the Lakefront Marina Project, as approved by City project engineering firm Clark, Dietz and Associates, and the City Manager. SecOnded by Commissioner Wilson and carried. Consideration was given to a letter submitted by Robert M. Jenkins, President, Sanford Area Ministerial Association, objecting to the proposed Teen-Club next to the Shiloh Baptist Church as this club would impose an undue hardship on the church. On motion of Commissioner Higginbotham, seconded by Commissioner Raborn and carried, the Mayor was author- ized to inform the Ministerial Association of the discussion the Commission had on March 25, 1968, with The Reverend A. A. Fields. A review was next given to a Lakefront Project Fiscal Report dated March 28, 1968, and submitted by the City Manager, summarizing the st~us of funds expended on the completed Lakefront Marina Project. After consideration and on motion of Commissioner Raborn, seconded by Commissioner Wilson and carried, authorization was given to transfer the balance from the Municipal Improvement Construction Trust Fund Account No. C 12 to Lakefront Deficit Account No. 8180, and transfer budget appropriation from Account No. 8180 to Contingency Account No. 8150. After consideration and on recPmmendation of the City Manager and respective depart- merit heads, Commissioner Raborn moved to approve a salary reclassification of three City employees, as follows: Richard J. Nooney, Police Department Louis R. Hardy, Fire Department Charles L. Bose, Fire Department From: To: From: To: FrOm: To: Patrolman C - $5,317.00 Patrolman D - $5,520.84 Firefighter D - $4,950.92 Firefighter E - $5,151.12 Firefighter D - $4,950.92 Firefighter E - $5,151.12 'T)ntherow Ot~ia~ Snnnlv Co.. Orlando. Fla. MINUTES City Commission, Sanford, Florida Apr±l 8 at 8 ?. Mo 19 68 After consideration and on motion of Commissioner Wilson, seconded by Commissioner Moore and carried, authorization was given the City Clerk to advertise a public hearing on April 22, 1968, to consider the recommendation of the Zoning and Planning Commission for the rezoning from R-1AA, Single Family Dwelling District, for that property located on the east side of Highway 17-92, south of 27th Street between the Pinecrest and Sanford Plaza shopping centers, as follows: (a) Zone C-1 (Neighborhood Commercial) District that property legally described as: Lots 3 through 20, Amended Plat Druid Park (less beg. at the SWly corner Lot 5, run NEly along the Ely ROW of Highway 17-92, 43' thence run S 64° 52' E 85.45', thence W 100.19' to POB, and less beg. at a pt on the Ely ROW Hwy 17-92, 29.52' SWly from NWly corner Lot 3, run E 150.7', S to a pt on the S line Lot 4 which is 249.9' E of Ely ROW SR 15, W on S line of Lot 4 to a pt Which is 688' W of SE corner Lot #, S to a pt on S line of Lot 7 which is 688' W of SE corner Lot 7, E to a pt on S line'L0t 7 which is 150' W of SE corner Lot 7, S to pt which is 20' N and 150' E of SE corner Lot 14, E to E line Lot 14, N to NE corner Lot 3, W to NWly corner Lot 3 SWly to POB). (b) Zone R-lA (Single Family Dwelling) DiStrict that property legally described as: Govt. Lot 2 in Section l, Township 20~South, Range 30 East (less N 1942.3' and less W 537.8' of E 1190.85' of S 405' and less road ROW and less the E 653.05'). After discussion of the amendedJlaw in the City Charter setting fines of $500.00 for gambling, Commissioner Higginbotham moved that a maxim~im fine be set at $207.50. Motion died for lack of a second. On motion of Commissioner Moore, seconded by Commissioner Higginbotham' and carried, minutes of March ll, 1968, were approved. On motion of Commissioner Higginbotham, seconded by Commissioner Wilson and carried,i current vouchers and payrolls were next approved as evidenced by General Fund Florida State Bank Vouchers Nos. 11184 through 11375; General Fund Sanford Atlantic National Bank Vouchers Nos. 9854 through 9912; Water and Sewer Revenue Fund Florida State Bank Vouchers Nos. 186 through 200; Sanford Atlantic National Bank Municipal Improvement Construction Fund Vouchers Nos. ll5 through 120. After discussion, Commissioner Moore moved to authorize the transfer of $150.00 from Contingency Account No. 8150 to Recreation Activity Account No. 4240, for payment to Seminole il County S~hool System for the use of the high school gym for biddy basketball. Seconded by ii Commissioner Wilson and carried. Consideration next given a letter from Kenneth McIntosh, President, Seminole County Chamber of Commerce, requesting that upon the USO vacating its present space in the.city-owned building housing the Chamber that the additional space be allocated for their use, and on mo- tion of Commissioner Higginbotham, seconded by Commissioner Moore and carried, same was authorized. After consideration and on motion of Commissioner Moore, seconded by Commissioner Rabornand carried, authorization was given for a transfer of $4,015.00 from Contingency Account No. 8150 to Police Equipment Account No. 2256. There being no further businesS, the meeting adjourned. ATTEST: City Cl~rk