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042495-Regular Meeting600 MINUTES City Commission, Sanford, Florida Regular Meeting April 24 199.5 The City Commission of the City of Sanford, Florida, met in Regular Meeting on Monday, April 24, 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. Youth Advisory Committee. Tom Farnsworth, Recreation Superintendent, introduced members of the Youth Advisory Committee as follows: Dave Morace, Tara Owens, Denise Alves, Consquela Le- Fay Johnson, Calvin Merthie, and Kristen Hendricker. Nickolas Gordon, Julia Higgins and Dashia Haws were not in attendance. Presentation of Explorer of the Year Award. Mayor Smith announced that the recipient of the 1994 Explorer of the Year Award was Lieutenant Tammy Taylor, and presented Lieutenant Taylor with a plaque regarding same. Public Hearing to consider closing, vacating and abandoning a north-south alley lying between East 4th Street and East 7th Street and between Willow Avenue and Bay Avenue, as advertised in the Sanford Herald on April 7, 1995. The City Clerk reported that the legal description that was provided was incorrect, causing the legal ad and notices to be incorrect and incomplete notification to affected property owners, and recommended that the alley closing be denied. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed alley closing. No one appeared. On recommendation of the City Clerk, Commissioner Thomas moved to deny the alley Seconded by Commissioner Eckstein and carried by the vote of the Commission as closing. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Public Hearing to consider closing, vacating and abandoning an east-west alley lying between West 7th Street and West 8th Street and between 0leander Avenue and Mangoustine Avenue, as advertised in the Sanford Herald on April 6, 1995. The City Clerk reported that the property was posted April 10, 1995, and the owners notified April 6, 1995. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed alley vacating. Dorothy Scott Joseph, 1415 West 7th Street, appeared and reported that the property (alley) lies behind her house, that she is in favor of the alley closing, and requested the City to clean the alley and fill in the holes. City Manager William Simmons reported that the City has received requests to maintain this alley as well as others, which precipitated the recommendation to vacate this alley, and requiring the individual property owners to be responsible for the maintenance of sa/Re. E405354 MINUTES CitY Commission, Sanford,~Florida Regular Meeting April 24 9,95 Leroy Harding, 1401 West 7th Street, appeared and reported that he keeps the alley clean, that he installed a fence across the alley to the adjacent property owner's fence, and asked if the fence can remain in its present location. The City Manager reported that if the alley is vacated the fence will need to be moved back to the center of the alley. On recommendation of the City Manager, Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance to vacate the alley, retaining same as a utility easement. 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 Continuation of Appeal of Denial of Dimensional Variance by the Board of Adjustment for property located at 113 1/2 West 19th Street~ Robert A. Tango, apDlicant~ tabled at March 27, 1995 and April 10, 1995, Regular Meetings. City Attorney William Colbert reported that the City Commission will review the record and determine, based on the evidence presented to the Board of Adjustment, whether or not there was competent and substantial evidence to support the decision of the Board of Adjustment, and, if so, enter an Order citing Findings of Fact and Conclusions of Law. Further, this is not a new trial, and, therefore, no new evidence is to be considered. John Baldwin, Esq., 7100 South Hwy 17-92, Fern Park, appeared and reported that he represents Dr. Robert Tango, appellant, who is present this evening. Further, there is a pending matter before the Code Enforcement Board relating to both properties, and that this matter should be abated until after the May 9, 1995 hearing. Elena Ransom, 116 West 19th Street, appeared and reported that she lives across the street from Dr. Tango's rental property, that this is a family oriented neighborhood, and that she is concerned about this property being rented because Dr. Tango has proven no responsibility towards the neighborhood. Further, she is trying to protect the children, elderly, properties and property values in the neighborhood from the problems caused by renters of this property. The City Attorney reported that Elena Ransom's comments do not directly address the matter which is on appeal before the City Commission this evening. Lauren Swaggerty, 113 West 19th Street, appeared corrections/discrepancies~ contained in the transcript of the February 24, Adjustment Meeting, as described in her faxed letter dated April 20, 1995. stated that the neighborhood is here tonight to support denial of the dimensional variance because it directly reflects Dr. Tango's action with his property and structure. City Attorney reported that as a matter of law, the corrections/discrepancies do not make a legal difference in what the Commission is considering. Further, the issue tonight is whether or not the property meets the criteria, as set forth in the City Code, for granting the dimensional variance. and reviewed 1995 Board of Ms. Swaggerty CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE BOARD OF ADJUSTMENT FOR DIMENSIONAL VARIANCES RE 113 1/2 W. 19 STREET, SANFORD, FLORIDA. The City Commission, based on the clear and convincing evidence contained in the record before the Board of Adjustment (BOA) on February 24, 1995, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 113 1/2 W. 19 Street, Sanford, Florida, fails to meet the dimensional requirements set forth in its zoning district. (2) As shown on the survey of the parcel, the measurements of the parcel are 50' by 54'. The request for dimensional variances are shown on the application for dimensional variances submitted to the City by the applicant and owner, Robert Tango. (3) Appellant acquired this proPerty from his father, Anthony Tango, by warranty deed dated July 24, 1980. Prior to this transfer, both 113 and 113 1/2 W. 19 Street had been part of a single, conforming lot addressed as 113 W. 19 Street, under the single Ownership of the appellant's father, Anthony Tango. The primary residence on that conforming single lot as and is located on the front half of the property now addressed as 113 W. 19 Street, Sanford, Florida, and owned by a Mr. and Mrs. Swaggerty. (4) The building located on the portion of the property now owned by appellant and addressed as 113 1/2 W. 19 Street, existed on the single unified lot, prior to the illegal lot split, as a garage apartment and was a grandfathered accessory use. (5) Appellant either knew or was on record notice of the dimensional requirements applicable to the property acquired from his father in 1980 and knew that at the time of his acquisition of the property from his father, the property was nonconforming and constituted an illegal lot split. CONCLUSIONS OF LAW (1) Pursuant to the standards for consideration for dimensional variances per Sec. 3.11 of the Sanford City Code, the BOA waS required to find that special conditions and circumstances exist which are peculiar to Mr. Tango's' land, structure or building involved, which are not applicable to other land, structures or buildings within the same zoning district. Also, Sec. 3.11 requires that BOA find that the special conditions and circumstances pertinent to Mr. Tango's property do not result from the action or negligence of the applicant, Mr. Tango. (2) This commission concurs with the conclusion reached by the BOA that the record shows that the special conditions and circumstances regarding Mr. Tango's property which create the need for dimensional variances resulted from Mr. Tango's own actions and/or negligence and therefore Mr. Tango has not fulfilled the requirements or standards for consideration for dimensional variances as provided for in Sec. 3.11. ORDER THEREFORE, IT IS ORDERED that Appellant/Applicant's request for dimensional variance is denied and the decision of the BOA of February 24, 1995 is affirmed. ATTEST: ~/ City Cle~ ~/ day of April, 1995. I HEREBY CERTIFY that a true copy of the foregoing has been furnisl~ed by U.S. Mail to Robert Tango, 2315 Markham Woods Road, Longwood, FL 32779 and John A. Baldwin, Esq., 7100 South U.S. Hwy. 17-92, Fern Park, FL 32730, thisc~-fi~ day of April, 1995. ~/ City Clerk MINUTES E405354 City Commission, Sanford, Florida Regular Meetinq April 24 1995 kfter review, of khe testimony and evidence contained in the record created before the Board of .Adjustment, CoMmissioner Thomas moved to find that there was competent and substantial evidence to support the Board of Adjustment's decision to deny the dimensional variance for the property located at 113 1/2 West 19th Street, and to uphold said Board's decision to deny the dimensional variance. 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 On recommendation of the City Attorney, Commissioner Eckstein moved to authorize Mayor Smith to execute an Order upholding the Board of Adjustment's decision to deny the requested dimensional variance. 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 Public Hearing to consider second reading and adoption of Ordinance No. 3250, as advertised in the Sanford Herald on April 13 and 20, 1995. 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. introduced and placed on first reading at meeting of April 10, 1995, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3250. June Rastom, 448 Ridge Drive, appeared and reported that the property requested to be annexed concerns her because it is the only entrance into the Park Ridge Subdivision, asked whether the property, if annexed into the City, can be sold as commercial, and where she can appeal the City Commission's decision to annex the property. City Attorney William Colbert reported that if the property is annexed into the City it will come in as residential, and if the property owner wishes to change the use of said property he/she would be required to follow the normal rezoning procedures/process. Also, Ms. Rastom can challenge the City Commission's decision to annex the property by filing an appeal with the Circuit Court, asking the Court to determine whether or not the City acted properly. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3250. 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 Public Hearing to consider second reading and adoption of Ordinance No. 3251, as advertised in the Sanford Herald on April 13 and 20, 1995. Ordinance No. 325~. entitled~ E405354 MINUTES City Commission, Sanford,' Florida ReQular MeetinQ April 24 1995 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. introduced and placed on first reading at meeting of April 10, 1995, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3251. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3251. 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 Public Hearing to consider second reading and adoption of Ordinance No. 3252, as advertisea in the Sanford Herald on April 13, 1995. 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. introduced and placed on first reading at meeting of April 10, 1995, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3252. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3252. 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 Public Hearing to consider second reading and adoption of Ordinance No. 3253, as advertised in the Sanford Herald on April 13, 1995. 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. introduced and placed on first reading at meeting of April 10, 1995, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3253. No one appeared. On recommendation of the City Manager, Commissioner Howell moved to continue the public hearing to June 26, 1995. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: E405354 6O4 MINUTES City Commission, Sanford, Florida Reoular MeetlnQ pri] 24 1995 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner.Lyons Aye Public Hearing to consider secOnd reading and adoption of ordinance No. 3254, as advertised in the Sanford Herald on April 13, 1995. 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. introduced and placed on first reading at meeting of April 10, 1995, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3254. David Sharp, 1355 Pineway, appeared and reported that he is in the fence business, that this ordinance, which he just learned about today, could put him out of business, and requested that this item be tabled until he can formulate a response. Barry Hicks, 4099 Chickasaw Drive, appeared and asked if this ordinance prohibits chain link fence throughout the City of Sanford. The City Manager explained that chain link fences are already prohibited in front yards, that this ordinance would shift the review/waivers of chain link fences from the Planning and Zoning Commission to the Code Enforcement Board. John T. Malone, 810 East Airport Boulevard, appeared and reported that in order to put a chain link fence in a residential front yard you must obtain a waiver, and that the ordinance changes what board you request the waiver from, and the City Manager concurred'. Janet Sharp, 1355 Pineway, appeared and reported that you have to pay a $75.00 fee to find out whether or not you can erect a fence, which will prohibit people from requesting same. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3255. 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 Public Hearing to consider second reading and adoption of Ordinance No. in the Sanford Herald on April 13, 1995. Ordinance No. 3255, entitled: 3255, as advertising 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. E405354 MINUTES City Commission, Sanford,' Florida Regular Meeting 6O5 April 24 19 95 introduced and placed on first reading at meeting-of April 10, 1995, was next placed on second reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of Ordinance No. 3255. June Rastom appeared and asked if there would be a an additional 7% tax on utilities. The City Attorney reported that there are no new taxes, that the ordinance provides Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Nay Settlement of dispute with Site 10 Contract II Bond Company, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Howell moved to authorize settlement of this.dispute as negotiated. vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Health Care Contract, as discussed at tonight's Work Session. Seconded by Commissioner Thomas and carried by the On recommendation of the City Manager, and the Health Insurance Review Committee, Commissioner Howell moved to award the contract to Prudential Insurance to continue as health insurance provider for City employees and retirees for a three (3) year period as outlined in memorandum dated April 6, 1995, from Personnel Director. 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 Director. follows: Denti-Care Insurance Renewal. On recommendation of the City Manager, and Health Insurance Review Committee, Commissioner Howell moved to continue the arrangement with Denti-Care for a period of two (2) years, as described in memorandum dated April 10, 1995, from Personnel Seconded by Commissioner Thomas and carried by the vote of the Commission as Mayor Smith Aye Commissioner EckStein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Proposal from Ardaman& Associates for 1995Quarterly Groundwater Monitoring at Mayfair~olf Course. On recommendation of the City Manager, Commissioner Howell moved to extend the contract with Ardaman & Associates for one (1) additional year in estimated amount of $5,000.00, and authorized execution of the Letter of Agreement regarding same. 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 for a 7% tax on a broader base of services instead of the current 10%. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3255. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: E405354 6O6 MINUTES City Commission, Sanford, Florida Regt lar Meeting Aori! 24 1995 Proposal from Conklin, Porter & Holmes for Odor Control Evaluation and Aerobic Digestion System Improvements. On recommendation of the City Manager, Commissioner Howell moved to approve Amendment No. 42 to the original Agreement dated December 7, 1983, in estimated amount of $29,949.00, and to authorize execution of said Amendment No. 42, with funding to come from Utility Reserves. (Construction improvements in estimated amount of $100,000.00 will be included in the FY 95/96 Budget.) 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 Proposal from Ecotech Consultants, Inc. for Site 10 MitigationMonitoring. On recommendation of the City Manager, Commissioner Howell moved to approve Work Order 93, and to authorize execution of the Letter of Agreement in total amount of $24,138.00. 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 Amendment No. 5 to Florida Department of Environmental Protection Grant No. 586110 re: Land Application Facilities. On recommendation of the City Manager, Commissioner Howell moved to approve Amendment No. 5 to the Florida Department of Environmental Protection Grant No. 5861100, to match the budgetary line items to eligible costs with no change in the grant amount of City expenditure. 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 Request from Martin Paving Company for sUbstantial completion determination, and Early Completion Incentive re: SR 46 and I-4 Project. On recommendation of the City Manager, Commissioner Thomas moved to approve said requests, including the Project Change Order increasing the contract amount by $100,000.00 for the Early ComPletion Incentive, with the Final Change Order to cover project close out costs to follow. 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 Consulting Services Contract With JCR Consulting for Lake Monroe Waterfront Trail - ISTEA Application. On recommendation of the City Manager, Commissioner Thomas moved to approve the contract with JCR Consulting in an amount not to exceed $11,700.00. 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 F_A05354 MINUTES City Commission, Sanford,'Florida Re ula[ eetinq 607 April 24 1995 Request from Michael B. Murphy, Sentry Management, for partial waiver ($37.50) of licens- fees. On recommendation of the City Manager, Commissioner Thomas moved to deny the requested waiver of license fees. 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 Recon~mendations from Planning and Zoning Commission Meeting of April 6, 1995. Item 91: Commissioner Howell moved to approve the Conditional Use Permit for property located at 1301 Park Avenue in a RC-1, Restricted Commercial, Zoning District, for the sale of alcoholic beverages, Class 5 Registration, for consumption on premises only. 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 Items 2,4,5,6, and 8: No action required or taken. Item 93: Commissioner Eckstein moved to approve the Conditional Use Permit for property located at 2439 French Avenue in a GC-2, General Commercial, Zoning District, for the sale of alcoholic beverages, Class 5 Registration, for consumption on premises only. Seconded by Commissioner Thomas and carried by the vote of the Commissions as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Item #7: Commissioner Howell moved to approve the Final Plat for the Gateway Plaza Shopping Center, a commercial subdivision located at 4591 West First Street in a PD, Planned Development, Zoning District, based on Staff recommendations. Seconded by Com~_'issioner 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 Consent Agenda. ae Requests for payment of statements. to pay. City Manager recommended authorization (i) From Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick for Professional Services re: FOP Negotiations .......................................... $ 2,695.96. (2) From City Attorney for Professional Services for the Month of March, 1995 ...................................... $12,495.70. Approval of Minutes of March 27, 1995, Regular Meeting; April 10, 1995, Work Session; and April 10, 1995, Regular Meeting. 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), above. Approved Minutes of March 27, 1995, Regular Meeting; April 10, 1995, Work Session; and April 10, 1995, Regular Meeting. Information regarding invoices paid during the period for previously approved lum~ sum contracts. The Commission acknoWledged thirteen (13) invoices totalling $507,874.10. E405354 608 MINUTES City Commission, Sanford, Florida Regular Meeting April 24 1995 $26,611.20, Coordinator. follows: Sole Source purchase of two Defibrillator/Monitor/Pacers from Marquette Electronics, Inc. On recommendation of the City Manager, Commissioner Thomas moved to authorize the purchase of Defibrillator/Monitor/Pacers from Marquette Electronics, Inc. in total amount of as described in memorandum dated April 21, 1995, from M. Johnson, E.M.S. Seconded by Commissioner Lyons and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Request to waive the payment due and issue a Satisfaction of Lien for property owned byHenry Hodge Heirs which the City of Sanford is purchasing for .use in the Goldsboro Drainage Pro~ects. On recommendation of the City Manager, Commissioner Howell moved to waive payment due, and to authorize issuance of a Satisfaction of Lien for property owned by Henry Hodge Heirs. 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 Request from the Home Builder,s Association of Mid Floridafor waiver of the sign regulations to permit sign use for the Spring Parade of Homes. on recommendation of the City Manager, the Commission took no action. There being no further business, the meeting was adjourned. M' A .,~'0 i~'- Attest: lerk ~ ff