012395-Regular MeetingMINUTES
City Commission, Sanford, Florida
Regular Meeting
351
January 23
The City Commission of the City of Sanford,
Monday, January 23,
Sanford, Florida.
Present:
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
The Chairman called the meeting to order.
Presentation of "Medal of Valor" to Commander T. Ray Bronson.
Police Chief Ralph Russell presented the Medal of Valor
to Commander T. Ray
Bronson, recognizing and commending Commander Bronson for his bravery and performance above
and beyond the call of duty for the heroic action in the saving of a human life.
Presentation.
Police Chief Ralph Russell presented a $3,000.00 check to Linda Kuhn on behalf of
the Seminole Safehouse.
Request from Robert Stump for reconsideration of free hospitalization for retired City
Officials for the remainder of their lives.
Robert Stump, 2429 South Myrtle Avenue, appeared and reported that after reading
an article in the newspaper, he circulated a petition and obtained 385 signatures, a copy of
which was submitted to the City Clerk, requesting that the City Commission reconsider its
previous action to provide City-paid health/hospitalization coverage for retired City
Officials.
City Attorney William Colbert reported that the City Commission made a decision as
a matter of policy, and that said policy can be changed if so desired.
Commissioner Howell moved that, from this point forward, no City Commissioner upon
serving ten (10) years will be given health insurance. Seconded by Commissioner Thomas.
Commissioner Eckstein moved to amend the motion that no City Commissioner, in the
past or in the future, upon serving ten (10) years receive health insurance. Seconded by
Commissioner Lyons.
Mayor Smith asked the City Attorney how this proposed action would affect property
rights, and the City Attorney reported that he would need to investigate that, and report
back to the Commission. In response to Commissioner Lyons' question, the City Commission can
adopt and change the policy from time to time, but cannot bind future Commissions, unless by
a charter amendment by referendum.
Commissioner Lyons declined health insurance while on the Commission.
Mayor Smith called for the vote of the Commission on the motion to amend the
aforesaid motion as follows: No City Commissioner, in the past or in the future, upon
serving ten (10) years will be given health insurance. Said motion passed by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Nay
Commissioner Howell Aye
Commissioner Lyons Aye
Mayor Smith called for the vote on the amended motion that no City Commissioner,
in the past or in the future, upon serving ten (10) years will receive City-paid health
insurance. Said motion oass~d bv th~ v~f~ nf fh~ Onmm~==4~ ~11~,.7~.
1995
MINUTES
City Commission, Sanford. Florida
Regular Meeting
January 23
19 95
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Nay
Commissioner Lyons Aye
City Attorney reported that the City Commission has taken action that no
Commissioner will receive insurance health benefits from the City at City expense now, in the
future, or in the past.
Public Hearing to consider second reading and adoption of Ordinance No. 3232, as advertised
in the Sanford Herald on January 18, 1995.
Ordinance No. 3232, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CORRECTING
A SCRIVENER'S ERROR IN EXHIBIT "B" AS REFERENCED IN AND
ATTACHED TO ORDINANCE NO. 3195, SAID ORDINANCE REVISING
AND AMENDING SCHEDULE B - PERMITTED USES, OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF SANFORD, FLORIDA,
SPECIFICALLY ORDINANCE NO. 3117; PROVIDING FOR
SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of January 9, 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. 3232. No one appeared.
Commissioner Howell moved on the second reading and adoption of said Ordinance No.
3232. 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. 3238, as advertised
in the Sanford Herald on January 12, 1995.
Ordinance No. 3238, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3230, AND ITS AMENDMENTS, AND ADOPTING AN
AMENDED CLASSIFICATION AND PAY PLAN EFFECTIVE IMMEDIATELY
TO REORGANIZE THE DEPARTMENT OF ENGINEERING AND PLANNING
AND DEPARTMENT OF COMMUNITY DEVELOPMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of January 9, 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. 3238. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3238. 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. 3239, as advertised
in the Sanford Herald on January 12, 1995.
Ordinance No. 3239, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING THAT CERTAIN 14 FOOT WIDE NORTH-
SOUTH UTILITY EASEMENT LYING BETWEEN MELLONVILLE AVENUE
AND WASHINGTON COURT AND BETWEEN EAST 24TH STREET AND
EAST 25TH STREET/SR46/GENEVA AVENUE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
MINUTES
City Commission, Sanford, Florida Regu 1 ar Meet i ng
353
January 23
introduced and placed on first reading at meeting of January 9, 1995, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons presen~ to speak in favor of, or in opposition to, the adoption of
Ordinance No. 3239. No one appeared.
No. 3239.
follows:
Commissioner Thomas moved on thesecond reading and adoption of said Ordinance
Seconded by Commissioner Howell and carried by the vote of the Commission as
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. 3241, as advertis_~q
in the Sanford Herald on January 12, 1995.
Ordinance No. 3241, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
CHAPTER TWO, CITY CODE, TO PROVIDE FOR THE REORGANIZATION
OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND THE
DEPARTMENT OF ENGINEERING AND PLANNING; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of January 9, 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. 3241. No one appeared.
Commissioner Thomas moved on the second reading and adoption of said Ordinance No.
3241. 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
ApDeal of Denial of Certificate of Appropriateness by the Historic Preservation Board, to
replace existing chain link fence at 217 South Park Avenue, as discussed at tonight's Work
Session.
The Chairman announced that the applicant has requested that this item be
continued.
Commissioner Howell moved to table consideration of the Appeal of Denial of
Certificate of Appropriateness until February 13, 1995. Seconded by Commissioner Thomas and
carried by the vote of the Commission.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Request from Jerry Kleinberg, for Right-Of-Way Use Permit, for paved loading zone parking on
the south side of Third Street (300 South Sanford Avenue.) On recommendation of the City
Manager, Commissioner Thomas moved to authorize execution of said Right-Of-Way Use Permit,
for the requested pavement installation, with the provision that the area be signed as a
"Loading Zone" and that the pavement installed be pervious concrete. 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
1995
MINUTE'S
City Commission, Sanford, Florida
Regular Meeting
danuarg 23 19 95
Request from Jon an4 Tammy Rogers and Reverend
intermittently Dark and occupy a recreational
aDDroximately the next three months.
Don Bault, for approval to continue to
vehicle at 1412 Sanford Avenue, for
The Chairman reported that Reverend Bault has requested permission to address the
Commission regarding this item.
Reverend Don Bault, 1412 Sanford Avenue, appeared and reported that he will be
preaching revivals in the Sanford area until February 11, 1995, then travel to Sebring and
Okeechobee, and return to Sanford in March, 1995. Further, because his father, who is
visiting Sanford, needs emergency open-heart surgery, it will be necessary to extend his stay
in Sanford for another seven (7) to eight (8) days, and requested permission to park his
recreational vehicle at the above-mentioned location until at least February 12, 1995.
Jon Rogers, owner of property at 1412 Sanford Avenue, appeared and reported that
he asked Reverend Bault and his family to park their recreational vehicle on his extra lot,
which is surrounded by a privacy fence, and requested permission for Reverend Bault to stay
there while doing revivals in the Sanford area.
The City Manager reported that the primary reason for the ordinance is zoning and
land use, not whether the property is screened/fenced.
On recommendation of the City Manager, Commissioner Eckstein moved not to extend
or issue further permits upon expiration of the permit issued January 4, 1995, and expiring
January 25, 1995. 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 Central Florida Chapter
of Paralyzed
Veterans of America,
to close Sanford
Avenue from the alley in front of the Civic Center to the corner of East Seminole Boulevard,
in conjunction with Special Event "9th Annual PVA U.S. Open Bass Tournament" April 28, 29,
and 30, 1995. On recommendation of the City Manager, Commissioner Howell moved to approve
street closures as requested. 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
Land acquisition for Cloud Branch/Mill Creek Drainage Improvement Project. On recommendation
of the City Manager, Commissioner Thomas moved, to facilitate closing this property
acquisition, to waive lot mowing liens against Lots 12, 13, and 14, owned by Robert E.
Keltner in amount of $330.00. 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
MINUTES
City Commission, Sanford, Florida
Regular Meeting
355
January 23
19 95
Conservation Easement for wetlands mitigation and installation of pipelines. On
recommendation of the City Manager, Commissioner Thomas moved to authorize execution and
recording of said conservation easement covering 32-acres of wetlands at Site 10 to meet
mitigation requirements for construction at Seminole Community College, and installation of
required boundary corner monuments in accordance with proposal from Donald W. McIntosh
Associations, Inc. in amount of $1,900.00 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
Request from SHDWA, for free use of the Civic Center for the Miss Sanford Scholarshqp Pageant
on February 18, 1995.
The City Manager reported that subsequent to his recommendation, SHDWA submitted
a proposed budget of $7,500.00, with indication that if this much revenue is produced the
City would receive payment for use of the Civic Center, that it would be difficult to
determine how much revenue would be needed to receive free use, and recommended approval of
the reduced rate.
Commissioner Eckstein moved to approve the reduced rate as outlined in memorandum
dated December 8, 1994, from Director of Recreation and Parks. Seconded by Commissioner
Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissione~ Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Request from Seminole County School Board, for additional full-time School Resource Officer
at Crooms School of Choice.
City Manager Simmons reported that the Seminole County School Board has offered to
pay approximately one-half of the cost of an additional school resource officer, with the
remaining portion to come from Law Enforcement Trust Funds, and that he concurs with Police
Chief Russell's recommendation to approve the additional officer for the remainder of FY 95,
with the provision that said position be included in next year's agreement. Also, unless
otherwise directed, Staff will proceed with advertising for this position, and prepare an
ordinance regarding same for first reading February 13, 1995.
On recommendation of the City Manager, Commissioner Thomas moved to approve one
additional school resource officer, with funding to come from the Seminole County School
Board and Law Enforcement Trust Funds, to authorize Staff to advertise immediately for said
additional position, with the provision that said position will be included in next year's
School Resource Officers Agreement, and to authorize the City Attorney to prepare the proper
ordinance regarding same for first reading February 13, 1995. 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
MINUTES
City Commission, Sanford, Florida
Regular Meeting
January 23 19 95
Requests from Conkl~n, Porter and Holmes, for fee modifications, as discussed at tonight's
Work Session.
Fee adjustment of $5,000.00 to authorized engineering fee as outlined in
Amendment 8, which covers subconsultant charges and engineering time relative
meetings, project coordination and data review, for Mill Creek/Cloud Branch
Year-2 Improvements; revised total $67,067.14.
Fee increases in amount of $9,051.20, $18,000.00 and $13,546.00 to Amendment
No. 11 (SO613.01) (SO613.02) and Amendment No. 13 (SO613.05), respectively,
regarding Seminole Towne Center Projects.
On recommendation of the City Manager, Commissioner Thomas moved to approve
fee increases/adjustments for A and B, above, and authorization to execute
Letters of Agreement regarding same. Seconded by Commissioner Howell and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Lyons Aye
Commissioner Howell Aye
First reading of Ordinance No. 3242. On motion of Commissioner Thomas,
Commissioner Lyons and carried by the vote of the Commission as follows:
seconded by
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Ordinance No. 3242, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NO. 3173 WHICH ADOPTED THE CITY'S PERSONNEL
RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Adoption of Resolution No. 1700. Commissioner Thomas moved to adopt Resolution No. 1700,
entitled:
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA APPROVING
THE TRANSFER OF CABLE TELEVISION SYSTEM FRANCHISE FROM
TIME WARNER ENTERTAINMENT COMPANY. L.P. ("TWE") TO TIME
WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP;
PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE
DATE.
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
Recommendations from Planning and Zoning Conm~ission Meeting of Thursday, Januar~ 5, 1995.
On recommendation of the Planning and Zoning Commission, Commissioner Thomas moved
to approve the conditional use permit for property located at 2904 Orlando Drive
(Schlotzsky's) in a GC-2, General Commercial Zoning, District for alcoholic beverage (beer
and wine) sales, Class 5, 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
First reading of Ordinance No. 3240. On motion of Commissioner Eckstein,
Commissioner Thomas and carried by the vote of the Commission as follows:
seconded by
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
MINUTES
City Commission, Sanford, Florida
Reqular Meeting
January 23 1995
Ordinance No. 3240, 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 SILVER LAKE ROAD AND CORNWALL ROAD
EXTENDED EASTERLY AND BETWEEN MELLONVILLE AVENUE AND OHIO
AVENUE, 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. 3243. On motion of Commissioner Lyons, 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. 3243, 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 PAMALA
COURT AND VIHLEN ROAD AND BETWEEN UPSALA ROAD AND OLD
MONROE ROAD EXTENDED SOUTHERLY FROM AG, AGRICULTURAL TO
PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
First reading of Ordinance No. 3244. On motion of Commissioner Lyons, 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. 3244, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CLOSING,
VACATING, AND ABANDONING A PORTION OF SOUTH WHITE CEDAR
ROAD AND OTHER CERTAIN UNNAMED STREETS LYING BETWEEN
STATE ROAD 46 AND STATE ROAD 417 AND BETWEEN UPSALA ROAD
AND SOUTH KENNEL ROAD; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Consent Agenda.
A. Requests for payment of statements.
(i)
From Muller, Mintz, Kornreich, Caldwell, Casey,
Crosland & Bramnick, P.A. for professional services
through December 29, 1994 ................................... $3,411.11
(2)
From City Attorney for professional services for the
month of December, 1994 ..................................... $8,565.75
B. Tabulations of Bids.
(1)
Bid #94/95-13, Athletic Equipment (Recreation & Parks Department). City
Manager recommended acceptance of lowest bid, which met specifications,
from Braxton Recreation in total amount of $16,600.68.
(2)
RFP ~94/95-17, Concession Stand (Recreation & Parks Department). City
Manager recommended acceptance of only proposal submitted from Dolores
A. Gracey, the term of the proposal to be from February 1, 1995 to
December 1, 1995, with the City receiving $1,800.00.
(3)
Bid ~94/95-19, Sports Accident Insurance (Recreation & Parks Department).
City Manager recommended acceptance of lower bid, which met
specifications, from Florida League of Cities in amount of $1,300.00.
Ce
Approval of Minutes of December 19, 1994, Regular Meeting; and Minutes of
January 3, 1995, Organizational Meeting.
On motion of Commissioner Howell, seconded by Commissioner Thomas and carried by
the vote of the Comm4.q.q4on a.q follow.q-_
MINUTES
City Commission, Sanford, Florida
Regular Meeting
January 23 19 95
the Commission:
A.
B.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner Howell Aye
Commissioner Lyons Aye
Approved payment of statements (1) and (2).
(1) Accepted lowest bid, which met specifications, from Braxton Recreation
in total amount of $16,600.68.
(2) Accepted only proposal submitted from Dolores A. Gracey, the term of the
proposal to be from February 1, 1995 to December 1, 1995, with the City
receiving $1,800.00.
(3) Accepted lower bid, which met specifications, from Florida League of
Cities in amount of $1,300.00.
C. Approved Minutes of December 19, 1994, Regular Meeting; and Minutes of January
3, 1995, Organizational Meeting.
Information regarding invoices paid during the period for previously approved lump sum
contracts. The Commission acknowledged seven (7) invoices totalling $54,108.96.
Lawsuit regarding former Sanford Gasification Plant.
City Attorney Colbert reported that the plaintiff in this case is prepared to
dismiss the case, that co-defendants concur, and requested City Commission authorization for
City Attorney's Office to enter into a stipulation regarding same.
On recommendation of the City Attorney, Commissioner Eckstein moved to authorize
City Attorney's Office to enter into a stipulation with plaintiff and co-defendants to
dismiss the case. 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
Resolution regarding Ex-Parte Communications, as discussed at tonight's Work Session.
The City Manager reported that a resolution regarding ex-parte communications, as
requested by Seminole County, will be on the February 13, 1994, Agenda for City Commission
consideration.
The City Attorney explained the meaning of ex-parte communications.
Low Income Home Emergency Repair Agreement.
The City Manager recommended authorization to execute a Low Income Emergency Home
Repair Agreement, for Department of Community Affairs grant funding in amount of $32,269.00,
to be utilized within Sanford and surrounding Seminole County, with Seminole County to
provide matching funds in amount of $6,454.00 from SHIP funds.
On recommendation of the City Manager, Commissioner Thomas moved to authorize
execution of the Low Income Home Emergency Repair Agreement, for Department of Community
Affairs grant funding in amount of $32,269.00, with Seminole County providing SHIP funds to
cover required matching funds of $6,454.00.
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
MINUTES
City Commission, Sanford, Florida
Regular Meeting
359
January 23
1995
Request from Shelly Baggs for waiver of 2-hour moving requirement for sale of valentine
flowers February 12, 13, and 14, and utilization of one license for two non-conti~uou~
locations - 2990 South Orlando Avenue and vacant land at 25th Street (AirpOrt Boulevard)
46A, next to 7-11, as discussed at tonight's Work Session.
The City Manager reported that a waiver of these two City Codes would create a
difficult precedent, and recommended denial of both requests.
On recommendation of the City Manager, Commissioner Thomas moved to deny the waiver
of the 2-hour moving requirement, and permission to use one license for two locations, as
requested. 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
Commission as follows:
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner Howell
Commissioner Lyons
Audience Participation.
Aye
Aye
Aye
Aye
Aye
Michael Skat, Historic Preservation Board, appeared to discuss Item No. 11; Appeal
of Denial of Certificate of Appropriateness.
City Attorney Colbert reported that this is a quasi judicial proceeding, that
because of the Jennings and Snyder cases as referred to earlier this evening, and the fact
that the City Commission continued this item, all items/discussion addressing this issue
should be held until the Appeal.
Commissioner Howell reported that the Historic Preservation Board based its
decision to deny the Certificate of Appropriateness on information presented/discussed at
previous Historic Preservation Board Meetings, and asked if the Commission is entitled to
receive and review any and all minutes/information dealing with this issue.
The City Attorney reported that generally the City Commission would be confined to
the record on which the Historic Preservation Board based its decision, that he will review
the matter with Staff and the Historic Preservation Board, and provide
comments/recommendation.
Shelly Baggs reported that she has a flower stand at Baggs' Produce (2990 South
Orlando Avenue), and asked why her request to sell flower in the vacant lot at Airport
Boulevard and 46A, next to the 7-11, was denied when another vendor at Save-A-Lot is
permitted to sell flowers.
The City Manager reported that the City Clerk advises that the license for the
vendor at Sav-A-Lot is held by a business in that shopping center, that there is no
associated business at the 25th Street/Sanford Avenue location, and that he will be happy to
meet with Ms. Baggs to explain why that vendor was found in compliance with City regulations
and issued a license.
Request from Florida Department of Corrections, for free use of Civic Center February 24,
1995, for Black History Month Training Program and Luncheon, as discussed at tonight's Work
Session. On recommendation of the City Manager, Commissioner Lyons moved to authorize the
reduced rate of $145.00. Seconded by Commissioner Thomas and carried by the vote of the
360
MINUTES
City Commission, Sanford, Florida Regular Meet i ng
January 23 19 95
A Man appeared and asked When Item ~11 was continued to, and the City Manager
reported the Appeal of Denial of Certificate of Appropriateness was tabled until February 13,
1995.
There being no further business, the meeting was adjourned.
Attest:
~ i y ler~k' ~ ~