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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' ~ ~