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051368531 MINUTES City Commission, Sanford, Florida . , May 13 at 8 P. M. 68 19 l)otherow Offlea Sunnlv 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. M. on May 13, 1968. Present: Commissioner W. Vincent Roberts, Mayor " Earl Higginbotham " Lee P. Moore " M.L. Raborn, Jr. " A.L. Wilson City Attorney W' C. Hutchison, Jr. City Manager W. E. ~owles City Clerk H. L. Whelchel Police Chief Ben E. Butler The meeting was called to order by the Chairman. Harold Kastner, President of Kiwanis, and Robert Crumley, President of Rotary, appeared to inform the City Commission that there was $1,058.00 held in trust at a local bank, raised and donated by the two civic organizations for use in the proposed site relocation of the present City of Sanford Zoo as a Zoological Park. The first item of business was the continuation of a Public Hearing~to rezone from R-5 (One and Two Family Dwelling) District to M-1 (Light Industrial) District that property bounded on the north by railroad right-of-way; south by McCracken Road; west by the present boundary line of the City Limits; east by Pomegranite Avenue, as advertised in the Sanford Herald on April 12, 1968. John L. Sauls, Trustee for Southern Methodist Church, next appeared to correct the rumor that the property would be for fuel tank storage, and requested that the zoning be changed from R-5 to C-2, General Commercial, due to the planned use of the property for out- side storage of building materials, display room, salesroom and and an office building. Mr. Sauls also stated his willingness to grant a public or private street right-of-way on the south boundary line of the church property for ingress and egress by the residential property owners abutting said boundary line. Willie Vann and Eugene Vann, Jr., 1815 West Ninth Street; Jesse Jones, 1905 West Ninth Street; and Augusta Brown, 1809 West Ninth Street, property owners of this area, appeare8 to voice their objection to the rezoning. After discussion, Commissioner Raborn moved that the rezoning be denied. Seconded by Commissioner Wilson. After further discussion and withdrawal of the motion by Commissioner Raborn and ithe second Of Commissioner Wilson, Commissioner Raborn then moved that the rezoning be tabled until the next regular meeting on May 27, 1968, to allow further review of the area. Seconded ilby Commissioner Wilson and carried over the dissenting votes of Commissioner Higginbotham and Commissioner Moore. After consideration and on recommendation of the Police Chief, Commissioner Higgin- botham moved to approve the application of C. C. Flowers for an occupational beer and wine ilicense for consumption off the premises at 805 West First Street. Seconded by Commissioner Moore and carried. Next a request was made for street lighting in the general location of the ~ico Building in the downtown area. Commissioner Higginbotham moved to approve the installation iiof a 4,500 lumen street light on an existing concrete pole on the north side of West Com- mercial Street east of Oak Avenue. Seconded by Commissioner Moore and carried. After consideration and on motion of Commissioner Moore, seconded by ~Commissioner i~iWilson and carried, W. E. Kirchoff, Jr., was reappointed to the Board of the Sanford Housing MINUTES City Commission, Sanford, Florida May 15 at 8 P. M. 19 68 Authority for a four year term, effective May 20, 1968. On recommendation of the City Manager, Commissioner Higginbotham moved to reappoint LeRoy C. Robb, E. L. Burns, and William C. Halback to the City of Sanford Central Examining Board for two year terms, respectively, effective April 24, 1968, seconded by Commissioner Moore and carried. A discussion was next held on a proposed draft of a Water Purchase Contract between the Indian Mound Water Association, Inc., and the City of Sanford, submitted by Kenneth W. McIntosh, attorney for the Association. The Association would construct, operate, and maintain a water supply line for their customers, and the City would furnish the water through its meter located at the southeast corner of the Florida Experiment Station on Celery Avenue. The City Attorney recommended that a provision be included in the Contract that the sole responsible agency for payment of the monthly utility billing is the Indian Mound Water Association, Inc., and on motion of Commissioner Higginbotham, seconded by Commissioner Moore and carried, the Mayor and City Clerk were authorized to execute the Contract with this provision. Consideration was next given to a recommendation of the Zoning and Planning Com- mission for the rezoning from R-2 (One and Two Family Dwelling) District to that of R-3 (Mulitple Family Dwelling) District for that property situated between Ninth Street and Celery Avenue and Mellonville and Bay Avenues and legally described as the south 89 feet of Lot 4, all of Lots 5 and 6, Ella A. Pace's Subdivision; all of Eldorado, except Block A and except Lots 14 through 18, Block 3, and the east one-half of abutting Garden Street, with proposed use of the property being for that of a nursing and convalescent center. Commis- sioner HigginbOtham moved that a Public Hearing be set May 27, 1968, for further considera- tion, and the City Clerk authorized to advertise same, seconded by Commissioner Moore and carried. William L. Kirk, o~ner of property fronting on the west side of Highway 17-92 South east of Lake Ada, appeared to discuss a request to purchase approximately 0.53 acres or 75 feet by 350 feet by 265~ feet, lying on a triangle, of City-owned land abutt~ing his property to the west to better facilitate the use of his area of 45 feet by 350 feet by allowing more depth. After discussion, Commissioner Higginbotham moved to authorize a land exchange as follows: (a) The City give by deed to W. L. Kirk one-half acre of City-owned land situated to the west and abutting Kirk property at the site outlined in the foregoing paragraph. (b) (c) W. L. Kirk give by deed to the City of Sanford 25 feet of highway frontage from the north end of'his property. Said footage to allow for the triangle on the north end of the City-owned property and be conveyed accordingly with a full 25 feet. (a) W. L. Kirk to be responsible for furnishing to the City of Sanford a registered survey of said properties. W. L. Kirk shall be required to sign the standard annexation petition to bring this property into the corporate City limits at such time as the City deems feasible. SeConded by Commissioner Moore. Commissioner Raborn moved to call for the question on roll call vote. Seconded by Commissioner Wilson and carried over the dissenting votes of Commis- sioners Higginbotham and Moore. The roll was then called and the vote stands as follows: 533 MINUTES City Commission, Sanford, Florida May 13 at 8 P. M. 19 68 COmmissioner Roberts Yea " Higginbotham Yea " Moore Yea " Raborn Naye " Wilson Yea The Chairman announced that the motion carried. Herbert Cherry and James Thomas, local contractors and City residents, appeared to request reinstatement of their expired occupational contractor licenses under the grandfather clause. Both failed to register as outlined in the ordinance of the Central Examining Board, adopted in August, 1967, to be classed under the grandfather clause. After discussion and on motion of Commissioner Higginhotham, seconded by Commissioner Wilson and carried, a thirty day time extension was granted to the said contractors to work out with the City Manager and Building Official their qualifying under the grandfather clause and further that said matter be referred to the City Attorney for review and recommendations. Ordinance No. 939, entitled: AN ~ORDINANCE OF THE CITY OF SANFORD, 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 R-6 (MULTIPT.E FAMILY DWELLING) DISTRICT. plac~ed on i~s first reading and read in full at regular meeting of April 22, 1968, was next · !placed on its secOnd reading and read in full. After said reading and further discussion, i[Commlsszoner Raborn mmved to table fmnal actzon to adopt samd ordinance pendmng notification ~by the proper officials or property owners that the Federal Housing Administration approval for the low rent subsmdy housmng prooect has been recemved. Seconded by Commissioner Moore and carried. Ordinance No. 941, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABAN- DONING THAT CERTAIN PORTION OF MUL- BERRY, JESSAMINE AND OT.E'~ER AVENUES LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF FIFTHZSTREETi~END THE NORTH RIGHT-OF-WAY LINE OF SIXTH STREET, IN THE CITY OF SANFORD, FLORIDA. placed on its first reading and read in full at regular meeting of April 22, 1968, was next placed on its second reading and read in full. After said reading and further discussion, Commissioner Raborn moved to table final action to adopt said ordinance pending notification by the proper officials or property owners that the Federal Housing Administration approval for the low rent subsidy housing project has been received. Seconded by Commissioner Moore and carried. Ordinance No. 940, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NUMBER 771 OF SAID CITY, AS AMENDED, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID AMENDI~ENT PLACING CERTAIN TERRITORY IN M-1 (LIGHT INDUSTRIAL) DISTRICT. placed on its first reading and read in full at regular meeting of April 22, 1968, was next placed on its second reading. After being read in full, Commissioner Raborn moved on its passage and adoption. Seconded by Commissioner Moore and carried unanimously. Thereupon, the Chairman announced that the City Commission of the City of Sanford, MINUTES City Commission, Sanford, Florida May 13 at 8 P. M. 19 68 Dotheeow Offie~ gnnnlv Co., Orlando. Fla. Florida, had passed and adopted said Ordinance No. 940, entitled: AN ORDINANCE OF THE CITY OF SANFORD, 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 M-L (LIGHT INDUSTRIAL) DISTRICT. Ordinance No. 942, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABAN- DONING THAT CERTAIN EAST-WEST ALLEY LYING BETWEEN LOCUST AND AKEWIEW AVENUES AND EAST FIRST AND EAST SECOND STREETS, IN THE CITY OF SANFORD, FLORIDA. placed on its first reading and read in full at regular meeting of April 22, 1968, waS next placed on its second reading for passage and ad?ption. . · After b~ing read in full, Commissioner Raborn moved on its passage and adoption. Seconded byCommission~r ~oo~e'~and?c:arried~iuna~mouslY~ · '~ .~ Th.er~eupon,::theChair;man:~O:u~ded~ghatithe::iC±ty Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 942, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING, VACATING AND ABAN- DONING THAT CERTAIN EAST-WEST ALLEY LYING BETWEEN LOCUST AND LAKEVIEW AVENUES AND EAST FIRST AND EAST SECOIYD STREETS, IN THE CITY OF SANFORD, FLORIDA. Commissioner Higginbotham next introduced Ordinance No. 943, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NUMBER 771 OF SAID CITY, AS AMENDED, SAID ~i ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID AMENDMENT PLACING CERTAIN TERRITORY IN R-lA (SINGLE FAMILY DWELLING) DISTRICT. 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. 943 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 Roberts Yea " Higginbotham " " ~oore " " Raborn " " Wilson " .Said Ordinance No. 943 was then placed on its final passage and adoption, the roll was called and the vote stands as follows: Commissioner Roberts Yea " Higginbotham " " Moore " " Raborn " " 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. 943, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NUMBER 771 OF SAID CITY, AS AMENDED, SAID ORDINANCE BEING A ZONING PLAN WITHIN THE CITY OF SANFORD, FLORIDA, SAID ~WAENDMENT PLACING CERTAIN TERRITORY IN R-lA (SINGLE FAMILY DWELLING) DISTRICT. 535 '"' MINUTES City Commission, Sanford, Florida: May 13. at 8 P. M. 19 68 Dotherow Office Suonlv Co.. Orlando. Fig. ' Commissioner Higginbotham next introduced Ordinance No. 9~, entitled: AN ORDINANCE OF THE CITY OF SANFORD, 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-1 (NEIGHB0~EOOD C0~RCIAL) DISTRICT. 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. 9~, 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 Roberts Yea " Higginbotham " " Moore " " Reborn " " Wilson " Said Ordinance No. 9~ was then placed on its final passage and adoption, the roll was called and the vote stands as follows: Commissioner Roberts Yea " Higginbotham " " Moore " " Raborn " " 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. 9~, entitled: AN ORDINANCE OF THE CITY OF SANFORD, 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-1 (NEIGHBORHOOD COMMERCIAL) DISTRICT. A discussion was next held on a report of the present location of the Sewage Treatment ~lant as compiled by Clark, Dietz and Associates, engineering firm, relative to future land requirements based on new federal anti-pollution guidelines and anticipated State Board of Health regulations pertaining to secondary sewage treatment. The report summarized that it was not feasible to relocate the Zoo to the site west of the Sewage Treatment Plant. The City Manager was authorized to pursue the feasibility of utilizing other land for the proposed Zoo relocation. After consideration, Commissioner Moore moved to authorize the Mayor and City Clerk to negotiate a loan through the United State Bank to cover partial cost of two 1968 GMC 20-yard Loadmaster Refuse Packers, vehicle numbers 95 and 100, in the amount of $17,141.00, over an 18-month period at 4% simple interest, payable in two installments, seconded by Commissioner Wilson and carried. After discussion and on motion of Commissioner Higginbotham, seconded by Commis- sioner Moore and carried, authorization was granted to Dransfer funds, as follows: (a) $500.00 from Police Account No. 2201, Police Salaries, to Police Account No. 2209, Miscellaneous, to permit a bookkeeping change. (b) $125.00 from Contingency AccOunt No. '8150 to Account No. 3063, Public Health and. Sanitation Chemicals-Insect Control, additional cost due to early infestation of the blind mosquitoes. (c)$637.00 from Contingency A'ccount No. 8150 to Fire Account No. 2503, Automotive Expense, covering brake repair cost 536 ,? ~ ,%/ MINUTES City Commission, Sanford, Florida May 13 at 8 P. M. 19 68 ~l)OiJaernw Office Suo~)ly 0O., Orlondo. Fla. On motion of Commissioner Moore~ seconded by Commissioner Wilson and carried, current vouchers and payrolls were next approved as evidenced by General Fund Florida State Bank Vouchers Nos. 11376 through ll601; General Fund Sanford Atlantic National Bank Vouchers Nos. 9913 through 9970; Water and Sewer Revenue Fund Florida State Bank Vouchers Nos. 201 through 214; Sanford Atlantic National Bank Municipal Improvement Construction Fund Voucher No. 121. On motion of Commissioner Moore, seconded by Commissioner Wilson and carried, minutes of April 22, 1968, were approved. Consideration was next given to a request of .City employee Robert Zanders, Foreman, Sewer Division, for a salary advance in the amount of $184.00; and, on recommendation of the City Manager, Commissioner Wilson moved to approve same: with repayment to be $25.00 per weekly payroll deduction, seconded by Commissioner Moore and carried. After discussion, and on recommendation of the City Attorney, Commissioner Moore moved that the City of Sanford adopt the Florida State Statutes on traffic control, also known as the Model Traffic Code, with the City Attorney to implement the proper legal docu- ments regarding same. Seconded by Commissioner Wilson and carried. A request from the estate of Clara Lorig, 201 East Fifth Street, for a time ex- tension on Condemnation Report No..68-208, Group 13, was next considered, and on motion of Commissioner Higginbotham, seconded by Commissioner Moore and carried, an extension period of 90 days to the date of Sept'ember l, 1968, was granted. The franchise.application of Burnup and Sims, Inc., West Palm Beach Florida, for construction and operation of a CATV cable system in the City of Sanford was next considered, and due to the late receipt of the request, Commissioner Moore moved that the matter be tabled until the next regular meeting of May 27, 1968, to allow further study and considera- tion of the information submitted. Seconded by Commissioner Higginbotham and carried. After discussion of the proposed EDA Feasibility Study of Sanford utilizing the Sanford Naval Air Station property upon its closure in July, 1968, Commissioner Higginbotham moved to authorize the Mayor and City Manager to travel to Washington, D. C., Department of Defense, to expedite same, if deemed necessary, with said travel expenses to be expended from Contingency Account No. 8150. Seconded by Commissioner Moore and carried. Consideration was next given to the increase in court cases with legal representa- tion. Commissioner Higginbotham moved that Kenneth M. Leffler be appointed full time Prose- cuting Attorney for the City of Sanford on a trial basis to October l, 1968, at a salary of $150.00 per month or $1,800.00 annually~ and reviewed at that time. The necessary funds to October l, 1968, to be transferred from Contingency Account No. 8150 to the appropriate department account. Seconded by Commisssioner Moore and carried. There being no further business, the meeting adjourned. ATTEST: lm