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081495-Regular MeetingE405354 Monday, August 14, Sanford, Florida. Present: MINUTES City Commission, Sanford, Florida Re_qular Meetinq Auqust 14, 679 1995 City Commission of the City of Sanford, Florida, met in Regular Meeting on 1995, at 7:00 o'clock P.M. in the City Commission Room, City Hall, 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 Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye The Chairman called the meeting to order. Public Hearing to consider Appeal of Denial by the Board of Adjustment of request for a variance in the Zoning Ordinance as it pertains to front yard area requirements in an SR-1, Single Family Residential, Zoning District, at 2603 Elm Avenuel said variance being a chain link fence in the front yard. City Attorney Colbert reported that the Commission will be reviewing the record presented to the Board of Adjustment to see if there was competent and substantial evidence to support the Board's decision, that interested parties can summarize items which were previously before the Board, but cannot introduce new evidence. The Chairman announced that the Commission would hear from those persons present to speak regarding the appeal. John Cogburn appeared and reported that he represents his grandson at 2603 Elm Avenue, that a five (5) foot chain link fence covered with green vinyl was installed for the safety of his grandchildren, and that a seven year old boy was the victim of hit and run while playing in his front yard next door at 2601 Elm Avenue. Further, there was an existing fence when his grandson purchased the property; there are over twenty-five (25) houses in the area with chain link fences; almost every house on the west side of the 2600 block of Myrtle Avenue has a chain link fence; there are numerous fences in disrepair on 27th Street between south Sanford Avenue and 17-92, and that he will provide the Commission with addresses, if so desired. Steve Myers, 718 Oak Avenue, appeared and reported that he supports the ordinance in general, that it is important for the City of Sanford to continue to raise the standards to help promote better looking, cleaner neighborhoods, and that safety can be achieved with fences other than chain link. After review of the testimony and evidence contained in the record created before the Board of Adjustment, Commissioner Howell moved to find that there was competent and substantial evidence to support the Board of Adjustment's decision, that the Applicant was provided procedural due process, that the Board of Adjustment did not depart from the essential standards of law, and to uphold the Board of Adjustment's decision to deny the request for a variance for a chain link fence in the front yard at 2603 Elm Avenue. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE BOARD OF ADJUSTMENT FOR DIMENSIONAL VARIANCE RE 2603 ELM AVENUE, SANFORD, FLORIDA. The City Commission, based on the clear and convincing evidence contained in the record before the Board of Adjustment (BOA) on June 9, 1995, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 2603 Elm Avenue, Sanford, Florida, is located in a residential (SR-1) zoning district. (2) That the applicant requests the chain link fence to provide a safe play area for children. (3) That the "Land Development Regulations of the City of Sanford, Florida, Schedule J, Landscape, Buffer and Tree Requirements, Section 3.2. Buffer., E. Barbed wire, cyclone and/or chain link fence prohibited" prohibits chain link fences within the required front yard building setback in all zoning districts. (4) That alternative fence materials are permitted in front yard building setbacks. (5) Pursuant to Section 3.2. of Schedule J of the Land Development Regulations, the BOA denied the request for a waiver to permit a chain link fence in the front yard of the property located at 2603 Elm Avenue. CONCLUSIONS OF LAW (1) This commission concurs with the conclusion reached by the 1 BOA, that a chain link fence is prohibited in the front yard, and that the waiver be denied. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request for a waiver is denied and the decision of the BOA of June 9, 1995 is affirmed. DONE AND ORDERED this 14th day of August, 1995. ATTEST: Ma~ B&tt~e D. Smith # citf C I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U,S. Mail to John C. Cogburn, Mickey J. Cogburn, and Erica R. Cogburn, 2603 Elm Avenue, Sanford, FL 32773, this ~~ day of August, 1995. ity Clerk ~ 2 680 F_405354 MINUTES City Commission, Sanford, Florida ~9''~m-v' /~-~9 19 95 of a request for a Public Hearing to consider Appeal of Denial by the Board of Adjustment variance in the Zoning Ordinance as it pertains to front yard area requirements in an SR-1, Single Family Residential, Zoning Districtt at 901 West 24th Street~ said variance being a chain link fence in the front yard. The Chairman announced that the Commission would hear from those persons present to speak regarding the appeal. Annette Peralta, 901 West 24th Street, appeared and reported that she has been robbed three times, that she installed the fence across her front yard for protection, that she did not realize chain link fences were not permitted, and that she cannot understand why the fence has to be taken down when the fence is already installed, and the property next door has one. After review of the testimony and evidence contained in the record created before the Board of Adjustment, Commissioner Howell moved to find that there was competent and substantial evidence to support the Board of Adjustment's decision, that the Applicant was provided procedural due process, that the Board of Adjustment did not depart from the essential standards of law, and to uphold the Board of Adjustment's decision to deny the request for a variance for a chain link fence in the front yard at 901 West 24th Street. 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 Appeal of Denial by the Board of Adjustment of a request for a variance in the Zoning Ordinance as it~ertains to front yard area requirements in an SR-1 Single Family Residential, Zoning District, at 212 Bradshaw Drive; said variance being a chain link fence in the front yard. The Chairman announced that the Commission would hear from those persons present to speak regarding the appeal. Deonarine Rambissoon, 212 Bradshaw Drive, appeared and reported that he installed the fence because his two children play in the front yard, and for safety purposes at night. After review of the 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, that the Applicant was provided procedural due process, that the Board of Adjustment did not depart from the essential standards of law, and to uphold the Board of Adjustment's decision to deny the request for a variance for a chain link fence in the front yard at 212 Bradshaw Drive. 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 proposed changes and amendments to Schedule S of the Zoning Ordinance/Land Development Requlations regarding sidewalk displays in the Downtown Commercial District. The Chairman announced that the Commission would hear from those persons present to speak in favor, or in opposition to, the proposed changes and amendments. CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE BOARD OF ADJUSTMENT FOR DIMENSIONAL VARIANCE RE 212 BRADSHAW DRIVE, SANFORD, FLORIDA. The City Commission, based on the clear and convincing evidence contained in the record before the Board of Adjustment (BOA) on June 9, 1995, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 212 Bradshaw Drive, Sanford, Florida, is located in a residential (SR-1) zoning district. (2) That the applicant requests the chain link fence to keep his children in the front yard and out of the road, and for safety at night. (3) That the "Land Development Regulations of the City of Sanford, Florida, Schedule J, Landscape, Buffer and Tree Requirements, Section 3.2. Buffer., E. Barbed wire, cyclone and/or chain link fence prohibited" prohibits chain link fences within the required front yard building setback in all zoning districts. (4) That alternative fence materials are permitted in front yard building setbacks. (5) Pursuant to Section 3.2. of Schedule J of the Land Development Regulations, the BOA denied the request for a waiver to permit a chain link fence in the front yard of the property located at 212 Bradshaw Drive. CONCLUSIONS OF LAW 1 (1) This commission concurs with the conclusion reached by the BOA, that a chain link fence is prohibited in the front yard, and that the waiver be denied. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request for a waiver is denied and the decision of the BOA of June 9, 1995 is affirmed. DONE AND ORDERED this 14th day of August, 1995. M~yo~ettye D. Smith ATTEST: City Clerk ~ I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to Deonarine and Gloria Rambissoon, 212 ~/. Bradshaw Drive, Sanford, FL 32773, this C~~ day of August, 1995. CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE BOARD OF ADJUSTMENT FOR DIMENSIONAL VARIANCE RE 901 WEST 24TH STREET, SANFORD, FLORIDA. The City Commission, based on the clear and convincing evidence contained in the record before the Board of Adjustment (BOA) on June 9, 1995, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 901 West 24th Street, Sanford, Florida, is located in a residential (SR-1) zoning district. (2) That the applicant requests the chain link fence to provide security for windows, and the applicant has installed the chain link fence. (3) That the "Land Development Regulations of the City of Sanford, Florida, Schedule J, Landscape, Buffer and Tree Requirements, Section 3.2. Buffer., E. Barbed wire, cyclone and/or chain link fence prohibited" prohibits chain link fences within the required front yard building setback in all zoning districts. (4) That alternative fence materials are permitted in front yard building setbacks. (5) Pursuant to Section 3.2. of Schedule J of the Land Development Regulations, the BOA denied the request for a waiver to permit a chain link fence in the front yard of the property located at 901 West 24th Street. CONCLUSIONS OF LAW 1 (1) This commission concurs with the conclusion reached by the BOA, that a chain link fence is prohibited in the front yard, and that the waiver be denied. ORDER THEREFORE, IT IS ORDERED that the Appellant/Applicant's request for a waiver is denied and the decision of the BOA of June 9, 1995 is affirmed. DONE AND ORDERED this 14th day of August, 1995. ATTEST: -'~r 'BettY~ D. Smith ~ City Cl~J~k ~ I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to William and Retha Annette Peralta, 901 West 24th Street, Sanford, FL 32771, this c~-~ day of August, 1995. 2 H405354 MINUTES City Commission, Sanford,' Florida Regular Meeting Auqust 14, 1~5 Bess Simons appeared to represent Sanford Main Street, 101 West First Street, that Main Street is in favor of outdoor displays in downtown Sanford because they help businesses advertise their wares and help create a charming atmosphere and an attractive and successful business district. Chris Cranias, President, Main Street, 112 East First Street, appeared and reported that he has looked into other historic downtown areas, such as Mt. Dora and DeLand, which have been successful with outside displays, and that said displays are attractive and done in good taste. Further, outdoor displays are .crucial to the downtown area, and the guidelines submitted by Main Street fall within the standards that help the historic downtown maintain its unique ambiance and shopping district. Frederick Rogers, 604 Elm Avenue, appeared and reported that he is in favor of signage and outside displays in downtown Sanford with stringent guidelines. On recommendation of the Planning and Zoning Commission, Commissioner Thomas moved to authorize the City Attorney to prepare the proper ordinance to amend Schedule S of the Zoning Ordinance/Land Development Regulations to adopt the regulations as advertised. 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 Public Hearing to consider first reading of Ordinance No. 3266, amending Land Development Regulations Schedule Be Permitted Uses regarding mining, as advertised in the Sanford Herald on August 4e 1995. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, Ordinance No. 3266. No one appeared. On motion of Commissioner Thomas, seconded by Commissioner Howell 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. 3266, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3166, SECTION 1, SCHEDULE B, AGRICULTURAL SECTION, PERMITTED USES; SAID ORDINANCE BEING THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS, EFFECTIVE DATE AND INCLUSION. was introduCed and placed on first reading. Public Hearing to consider second reading and adoption of Ordinance No. 3253; continued from April 24, 1995 and June 26, 1995 Meetings, pending DCA approval of the Small Scale Comprehensive Plan Amendment. 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 BOULEVARDAND JERRY AVENUEAND BETWEEN MCCRACKENROADAND ACADEMY AVENUE FROM RI-1,RESTRICTED INDUSTRIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. E405354 MINUTES City Commission, Sanford, Florida R~.qular M~.~.tinq Auqus~_ 14 .. 1995 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. Commissioner Eckstein moved on the second reading and adoptiOn of said Ordinance No. 3253. 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. 3262, as advertised in the Sanford Herald on August 3, 1995. Ordinance No. 3262, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 17-75, WRECKER CLASSIFICATIONS AND REQUIRED EQUIPMENT, OF THE SANFORD CITY CODE, BY AMENDING SUBSECTION (7)(D)(7) AND BY ADDING SECTION (E) TO SUBSECTION (7); PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of July 24, 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. 3262. No one appeared. Commissioner Thomas moved on the second reading and adoption of said Ordinance No. 3262. 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. 3264, in the Sanford Herald on August 3, 1995. Ordinance No. 3264, entitled: as advertised 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 RANTOUL LANE EXTENDED NORTHERLY AND WEST CRYSTAL DRIVE AND BETWEEN LAKE BOULEVARD EXTENDED WESTERLY AND WEST CRYSTAL DRIVE EXTENDED WESTERLY, FROM MR-i, MULTI-FAMILY RESIDENTIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of July 24, 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. 3264. No one appeared. Commissioner Howell moved on the second reading and adoption of said Ordinance No. 3264. 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 Nay E405354 MINUTES City Commission, Sanford,' Florida 1995 Appeal of Denial of Certificate of Appropriateness by Historic PreserVation Board to re-use ex~sting back lighted sign board with removable letters at 519 Park Avenue. The Chairman announced that the Commission will hear from those persons present to speak regarding this item. Jim Cornell appeared and reported that he represents the First Baptist Church of Sanford at 519 Park Avenue, that the sign was documented in 1976 by its existence, that the sign came down when construction began on the new church last year, that we are requesting permission to cover the sign with new brick, which the Historic Preservation Board approved by a vote of 4 to 2, and that the sign be back lighted. Further, other churches in the area including the Methodist Church and Presbyterian Church have back lighted signs; and the sign would be directly across from the church's parking lot and would not shine into anyone's home. Mark Schweitzer, architect, Schweitzer, Inc., appeared and reported that First Baptist Church wants what has been there for the last twenty (20) years, that the sign was removed when the new church was built, and that the sign is not in a highly viewable area. Chris Cranias, Historic Preservation Board member, appeared and reported that the sign ordinance prohibits back lighted signs, and they do not fit within the guidelines of the Duany codes. City Attorney Colbert reported that for the record he is a member of the First Baptist Church. Further, the evidence presented to the Historic Preservation Board and the 'City Commission this evening includes: back lighted signs are not permitted in the historic district; other churches in the area have back lighted signs; there was a back lighted sign at this location previously, and there is competent and substantial evidence to support both sides. Commissioner Howell moved to find that there was competent and substantial evidence to support the Historic Preservation Board's decision, that the Applicant was provided procedural due process, that the Board did not depart from the essential standards of law, and to uphold the Historic Preservation Board's decision to deny the Certificate of Appropriateness to re-use an existing back lighted sign board with removable letters at 519 Park Avenue. Seconded by Commissioner Lyons. Said motion failed by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Nay Commissioner Thomas Nay Commissioner Howell Aye Commissioner Lyons Aye Commissioner Eckstein moved, based on the fact that there has been a back lighted sign at 519 Park Avenue for the past twenty (20) years, to overturn the Historic Preservation Board's decision,' and to approve the Certificate of Appropriateness to re-use an existing back lighted sign board with removable letters at 519 Park Avenue. Said motion died for lack of a second. Application for Determining Discontinued Non-conforming Uses for property located at 601 Magnolia Avenue. The Chairman announced that the Commission would hear from those persons present to speak regarding this item. CITY COMMISSION CITY OF SANFORD, FLORIDA PUBLIC HEARING IN RE: APPEAL FROM THE DECISION OF THE HISTORIC PRESERVATION BOARD FOR CERTIFICATE OF APPROPRIATENESS TO RE-USE A PREVIOUS BACK LIT SIGN BOARD RE 519 SOUTH PARK AVENUE, SANFORD, FLORIDA. The City Commission, based on the clear and convincing evidence contained in the record before the Historic Preservation Board (HPB) on June 1, 1995, makes the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and enters the following ORDER: FINDINGS OF FACT (1) That the property located at 519 South Park Avenue, Sanford, Florida, is located in the Old Sanford Historic Residential District. (2) That property located in the Old Sanford Historic Residential District is subject to the regulations contained in Schedule S of the Land Development Regulations, in additiOn to other regulations. (3) That said Schedule $ provides that signs shall be front lit only. (4) That the back lit sign with removable letters previously existed at 519 South Park Avenue, that the sign was removed and disassembled when the new church was built, and that the sign could be used with front lighting. (5) That on June 1, 1995 the HPB granted the Certificate of Appropriateness to re-use the existing removable letter sign, but with front lighting instead of the requested back lighting. CONCLUSIONS OF LAW This commission concurs with the conclusion reached by the HPB a back lit sign is not permitted in the Old Sanford (i) that Residential Historic District. ORDER IT IS ORDERED that THEREFORE, the Appellant/Applicant's request to use a back lit sign is not approved and the decision of the HPB of June 1, 1995 is affirmed. DONE AND ORDERED this 14th day of August, 1995. MaWr ~et~y~-D. Smith ATTEST: _ity Cler~ v I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail to James M. Cornell, First Baptist Church of Sanford, 519 South Park Avenue, Sanford, FL 32771, this c~-~ day of August, 1995. - City Ci~rk ~/ E405354 MINUTES City Commission, Sanford, Florida Regular Meeting August 14, 1995 Diane Newton. 605 Magnolia Avenue, appeared and reported that she is in favor of Staff's recommendation to discontinue the non-conforming uses for the property located at 601 Magnolia Avenue, that she welcomes the fact that Sanford is rejuvenating and revitalizing itself into a single-family community, and returning this property to a single-family residence will continue that progress. Frederick Rogers appeared and reported that Karen McNeil, who is a member of the Sanford Historic Trust, asked him to express the same items as Ms. Newton, and that he too moved to Sanford because of the rejuvenation of Sanford. Steven Myers, 718 Oak Avenue, appeared and reported that he is opposed to the property at 601 Magnolia Avenue being zoned multi-family again. On recommendation of the City Manager, Commissioner Howell moved to discontinue the non-conforming uses for the property located at 601 Magnolia Avenue. 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 County Court, Seminole County,. Florida, for utilization of City heargn- facilities (Commission Chambers) from2:00 P.M. to 5:00 P.M. every Wednesday and Friday, for Traffic Hearing Officer Program commencing October 16, 1995. On recommendation of the City Manager, Commissioner Thomas moved to approve use of the Commission Chambers for the remainder of 1995, with Seminole County to provide the needed phone installation. 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 Seconded concert on October 28, 1995 on behalf of Johnny Golden. City Manager Simmons reported that the applicants have withdrawn the request for free use of the Civic Center. No action required or taken. Request from Sanford Main Street, Inc. for street closures in con~unction with S~ecial Event. On recommendation of the City Manager, Commissioner Thomas moved to approve the closure of First Street from Sanford Avenue to Oak Avenue and Park Avenue from Second Street to Commercial Street, for the First Annual Arts & Antiques Festival on November 4 and 5, 1995, from 7:00 A.M. to 6:00 P.M. 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 Request from Private Industry Council for waiver of PBA Building reduced rate ($300.00) rental fee. On recommendation of the City Manager, Commissioner Thomas moved to charge the actual costs incurred in amount of $241.69. · the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye Seconded by Commissioner Lyons and carried by Request from Faye Williams and Irma Co~er for free use of the Civic Center for a benefit E4053.54 MINUTES City Commission, Sanford, Florida ~gu!ar Meeting Request from Jaxon Investments Limited ("JIL") for billboard to remain on City-owned right- of-way of Woodson Avenue, immediately south of 3841 South Orlando Drive until expiration of existing leases for billboard space. The City Manager reported that Staff does not believe the City has jurisdiction over the right-of-way in which the sign is located, and recommended that this item be tabled, pending verification of right-of-way ownership. On recommendation of the City Manager, Commissioner Thomas moved to table this item until August 28, 1995. 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 Approval for cash forward in the Water and Sewer Utility OperatingFund, 451, to cover debt service shortfall in Sewer ImDact Fund as needed. On recommendation of the City Manager, Commissioner Thomas moved to approve a cash forward as needed. 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 City radio change/upgrade and equiDment purchase, as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to approve the upgrading of the City's. radio system, and to authorize the purchase of equipment as described in memorandum dated August 1, 1995, from Public Works Director. 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 Adoption of Resolution No. 1709. On recommendation of the City Manager, Commissioner Howell moved to adopt Resolution No. 1709, entitled: A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CITY CLERK OF THE CITY OF SANFORD, FLORIDA, TO CORRECT A $CRIVENER'S ERROR IN ORDINANCE NO. 3240, SAID ORDINANCE BEING ANANNEXATION ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 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 Actuarial Quote from Ward V. Foster, Foster & Foster, Inc., for Florida Retirement System ("FRS") ODt-Out Services. On recommendation of the City Manager, Commissioner Thomas moved to extend the scope of the Actuary, Ward Foster, to include the analysis needed for FRS opt- out at a cost not to exceed $4,000.00, with the scope as defined in letter dated July 21, 1995, from Ward V. Foster. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner Howell Commissioner Lyons Aye Aye Aye Aye Aye 686 E405354 MINUTES City Commission, Sanford, Florida R=commendations from Planning and Zoning Commission Meeting of #1: Thurs,_ay. July 21, 1995. Commissioner Eckstein moved to approve the Conditional Use Permit for the property located at 1007 West 13th Street in a GC-2, General Commercial, Zoning District, for the purpose of alcoholic beverage sales (Class 5 Registration) for consumption on premises. 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 %2: Commissioner Thomas moved to approve the Conditional Use Permit for the property located at 205 East First Street, Suite D, in an SC-3, Special Commercial, Zoning District, for the purpose of alcoholic beverage sales (Class 5 Registration) for consumption on premises. 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 Co~nissioner Lyons Aye Status Re~ort of all current and pending condemnations. No action required or taken. First reading of Ordinance No. 3265. On motion of Commissioner Thomas, 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 Ordinance No. 3265, 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 STATE ROAD 46AND NORTH TOWNE ROAD AND BETWEEN INTERSTATE 4 AND TOWNE CENTER BOULEVARD, 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. Consent Agenda. Request for payment of statemsnt, from Foley & Lardner for professional services in June, 1995 in amount of $229.82. Tabulation of Bid ~94/95-58, Flashing Arrow Board (Public Works Department). City Manager recommended acceptance of lowest bid, which met specifications, from Safety Zone Specialist in amount of $5,070.00. C. Approval of Vouchers for the Month of July, 1995. De Approval of Minutes of July 10, 1995 Work Session; July 10, 1995, Regular Meeting and July 11, 1995 Budget Work Session. 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 the Commission: ae Approved payment of statement from Foley & Lardner for professional services in June, 1995 in amount of $229.82 Accepted lowest bid, which met specifications, from Safety Zone Specialist in amount of $5,070.00. C. Approved Vouchers for the Month of July, 1995. Approved Minutes of July !0; 1995 Work Session; July 10, 1995, Regular Meeting and July 11, 1995 Budget Work Session. E405354 MINUTES City Commission, Sanford,'Florida Regular Meetinq 687 Au,qust 14 Information regarding invoices paid during the Deriod for previously approved lump sum contracts. The Commission acknowledged five (5) invoices totalling $731,636.12. Request from Methodist Youth Group for waiver of the peddler's two-hour moving requirement to sell pumpkins before Halloweent as discussed at tonight's Work Session. On recommendation of the City Manager, Commissioner Thomas moved to waive the two-hour moving requirement, patterned after waivers for the sale of Christmas trees by not-for-profit organizations in Sanford, with the understanding that the requestor will man pumpkin sales and dispose of the spoiled merchandise/pumpkins. Commission as follows: Seconded by Commissioner Lyons and carried by the vote of the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner Howell Aye Commissioner Lyons Aye There being no further business, the meeting was adjourned. '~- /MAYOR Attest: