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041095-Regular Meeting592 MINUTES City Commission, Sanford, Florida R~gular Meeting April 10, 19 95 Th.e City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, April 10, 1995, at 7:00 o'clock P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas, Jr. Commissioner Lon K. Howell Commissioner Kerry D. Lyons City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Dougherty The Chairman called the meeting to order. Appeal of Denial of Dimensional Variance by the Board of Adjustment for property located at 113 1/2 West 19th Street; Robert A. Tango, applicant; tabled at March 27, 1995 Regular Meeting, Dending receipt of Transcript from February 24, 1995 Board of Adjustment Meeting. Mayor Smith reported receipt of a request from the applicant to continue this hearing until April 24, 1994, to facilitate the furnishing of the transcript of the February 24, 1995 Board of Adjustment Meeting. Commissioner Thomas moved to continue the hearing until April 24, 1995, as requested. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Nay Commissioner Lyons Aye John Baldwin, attorney for Robert Tango, applicant, submitted the transcript for City Commission review. Petition for Annexation [water service] for a portion of property lying between Cameron Avenue and State Road 415 and between Hughe¥ Street extended easterly and SR 46. On recommendation of the City Manager, Commissioner Howell moved to approve water service, with the developer responsible for extending the water lines, and to record the Annexation Petition. Seconded by Commissioner Lyons and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request from New Bethel M.B. Church to close Hickory Avenue between 9th Street and 10th Street in conjunction with SDecial Event Application for Spring Festival on Ma¥ 6, 1995, from 9:00 A.M. to 5:00 P.M. On recommendation of the City Manager, Commissioner Thomas moved to authorize street closures as requested. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Condemnations: Status Re~ort/Requests for Time Extensions. Status Report of all current and pending condemnations. or taken. No action required B. Requests for Time Extensions. (1) Condemnation Report #94-12, 413 Cypress Avenue, T.J. & Laura Johnson, c/o Lizzie Debose. MINUTES City Commission, Sanford, Florida Re. gular Meeting 593 lpril 10, 19 95 {2) Condemnation Report ~94-26, 1210 West 16th Street, Dona M. Bryant, owner; On recommendation of the City Manager, Commissioner Howell moved to authorize sixty 160) day extensions for (1) and (2), above. Seconded by commissioner Thomas and carried by the vOte of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Nay First reading of Ordinance No. 3250. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ordinance No. 3250, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN LAKE MARY BOULEVARD AND LAKEVIEW AVENUE AND BETWEEN RIDGE DRIVE AND DRIFTWOOD LANE, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3251. On motion of Commissioner Thomas, seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ordinance No. 3251, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN EAST 28TH PLACE AND EAST 29TH STREET AND BETWEEN MAGNOLIA AVENUE AND PALMETTO AVENUE EXTENDED NORTHERLY, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3252. On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ordinance No. 3252, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN NORTH MYRTLE AVENUE AND NORTH PARK AVENUE AND BETWEEN FULTON STREET AND WEST FIRST STREET FROM SC-3, SPECIAL COMMERCIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. F_irst reading of Ordinance No. 3253. On motion of Commissioner Howell, seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: 594 MINUTES City Commission, Sanford, Florida Regular Meeting April 10, 19 95 Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye Ordinance No. 3253, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENTS CHANGING THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN AIRPORT BOULEVARD AND JERRY AVENUE AND BETWEEN MCCRACKEN ROAD AND ACADEMY AVENUE FROM RI-l, RESTRICTED INDUSTRIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. First reading of Ordinance No. 3254. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Ordinance No. 3254, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CHANGING AND AMENDING SCHEDULE J, LANDSCAPE, BUFFER AND TREE REQUIREMENTS, SECTION 3.2, OF THE ZONING ORDINANCE/LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS, INCLUSION INTO THE SANFORD LAND DEVELOPMENT REGULATIONS AND EFFECTIVE DATE. was introduced and placed on first reading. Board appointments/re-apDointments/resignations, as discussed at tonight's Work Session. ae Cemetery Advisory Board: The City Clerk reported that the term of William E. Welborn expired March 13, 1995, and that Mr. Welborn has served the maximum number of terms and cannot be re-appointed. Commissioner Lyons moved to appoint Fred Gaines as Mr. Welborn's replacement on the Cemetery Advisory Board. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Planning and Zoning Commission: Mills to replace Mr. Dennison Seconded by Commissioner Lyons. the Commission as follows: Commissioner Howell moved to appoint Jerry on the Planning and Zoning Commission. Said motion failed to carry by the vote of Mayor Smith Nay Commissioner Eckstein Nay Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Aye Commissioner Howell moved to table consideration of a replacement for Joe Dennison and discuss same at a Work Session. Seconded by Commissioner Lyons. Said motion failed to carry by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Nay Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Aye Ce Historic Preservation Board: The City Clerk reported that Kevin Stubbs has submitted his resignation from this board. Commissioner Howell moved to accept Kevin Stubbs' resignation from the Historic Preservation Board, and to appoint Buck Mullins to said board. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Onmm~ ~qnn~r T,vnn~ Ave m MINUTES City Commission, Sanford, Florida 595 ~ l0 Central Examining Board: The City Clerk reported that the terms of William T. Corso, Robert Whitaker, A.T. Hawkins, and Steve Richards expire April 8, 1995, that the term of A.K. Shoemaker expires April 25, 1995; and that all have been contacted and are willing to serve again, if re-appointed. Commissioner Lyons moved to re-appoint William T. Corso, Robert Whitaker, A.T. Hawkins, Steve Richards, and A.K. Shoemaker to the Central Examining Board. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Youth Advisory Committee: The City Clerk reported that Carson Stone does not live in the City of Sanford, and that the recommended replacement is Kristen Hendricker, 160 Wildwood, Sanford. Commissioner Howell moved to appoint Kristen Hendriker to the Youth Advisory Committee. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye F. Planning and Zoning Commission: Commissioner Eckstein moved to appoint A.A. McClanahan to the Planning and Zoning Commission. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Nay Commissioner Lyons Nay gonsent Agenda. A. Requests for payment of statements. (1) From Lyon and McManus for professional services regarding Fountain Construction .................................... $11,798.37 (2) From Foley & Lardner for professional services regarding Coal Gasification Plant .................................. $ 189.00 Be Tabulation of Bid %94/95-39, Riding Lawn Mower (Recreation & Parks Department). City Manager recommended acceptance of lowest bid, which met specifications, from Robinson Equipment Co. Inc. in amount of $16,597.00. C, Approval of Vouchers for the Month of March, 1995. Approval of Minutes of February 27, 1995, Work Session; February 27, 1995, Regular Meeting; and March 13, 1995, Work Session. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye the Commission: A. Authorized.payment of statements (1) and (2). Accepted lowest bid, which met specifications, from Robinson Equipment Co. Inc. in amount of $16,597.00. C. Approved Vouchers for the Month of March, 1995. De Approved Minutes of February 27, 199.5, Work Session; February 27, 1995, Regular Meeting; and March 13, 1995, Work Session. Information regarding invoices paid during the period for previously approved lump sum contracts. The Commission acknowledged six (6) invoices totalling $86,108.70. 19 95 596 MINUTES City Commission, Sanford, Florida R~gular Meeting April 10, 19 95 First reading of Ordinanqe No. 3255. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Nay Commissioner Lyons Nay Ordinance No. 3255, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1790 AS AMENDED BY ORDINANCE 3249, ENTITLED "LEVYING AND PROVIDING FOR THE COLLECTION OF MUNICIPAL PUBLIC SERVICES TAXES ON THE PURCHASE OF ELECTRICITY, METERED OR BOTTLED GAS (NATURAL LIQUEFIED PETROLEUM GAS OR MANUFACTURED), WATER SERVICE, TELEGRAPH SERVICE, FUEL OIL AND TELECOMMUNICATIONS SERVICE AND COMPUTER SERVICES; PROVIDING EXEMPTIONS AND EXCLUSIONS" PURSUANT TO FLORIDA STATUTE SECTION 166.231(9)(C); BY AMENDING SECTION 2 THEREOF; SAID AMENDMENT PROVIDING FOR A 7% TAX ON TELECOMMUNICATION SERVICES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and placed on first reading. Tabulation of Bid ~94/95-41, Dogwood Drive Underdrain Pro~ect, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Eckstein moved to accept the lowest bid for Item A, which met specifications, from KPL Contracting ("KPL") in amount of $20,951.25, conditioned upon KPL accepting the addition of Item B for Miami Curb within thirty (30) days, if the community agrees to a special assessment to pay for said curbing. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye The Little Red School House, as discussed at tonight's WorkSession. On recommendation of the City Manager, Commissioner Thomas moved to accept the proposal from Universal Engineering Sciences in amount of $2,324.00 for an Asbestos Evaluation, and $1,800.00 for a Phase I Environmental Assessment of the property (Little Red School House) located at 519 Palmetto Avenue; with total funding in amount of $4,124.00 to come from City Manager's Contingency Funds. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye CommiSsioner Howell Aye Commissioner Lyons Aye Audience Participation. Edith VanGilder and Sara Inez VanGilder, 2215 East Mitch Court, and Dawn Cliett, 105 Wax Myrtle Drive, appeared and asked that Jack Berning be reinstated as the Assistant Coach for the Bob Dance Dodge Softball Team of the Senior Softball League, and that each parent is willing to sign a release holding the City harmless from any liability. Also, Dave Blakely is still the Head Coach of this team. City Attorney William Colbert reported that a release would not protect the City, and recommended that the decision not to reinstate Mr. Berning stand until the courts have comPleted the process. Director of Parks and Recreation Mike Kirby reported that Dave Blakely can continue as Head Coach, but Mr. Berning is not being reinstated. MINUTES City Commission, Sanford, Florida ReQular Meetinq 597 April 10 1995 .7oe Young, 1321 Shepherd Avenue, appeared and thanked the Commission for installing the 14th Street name sign as requested, for traffic control on 13th Street east of Lake Avenue, and asked that traffic control be Continued on Sundays, citing the church at the corner of 13th Street and Shepherd Avenue. Mr. Young alSo requested installation of a yellow sign indicating that Shepherd Avenue does not go over the ditch near 14th Street. 'Mayor Smith suggested that Mr. Young speak with Police Chief Russell after the meeting to discuss his requests. There being no further business, the meeting was adjourned. M~YOR Attest: ~ City Cl~rk ff - U