012792-Regular MeetingMINUTES
City Commission, Sanford, Florida
245
199 2
The City Commission of the City of Sanford, Florida met in Regular Meeting on
Monday, January 27, 1992 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
Commissioner A. A. McClanahan
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Donahoe
Absent: Commissioner Lon Howell
The Chairman called the meeting to order.
Mayor Smith thanked members of the Martin Luther King, Jr. Celebration Steering
Committee, and presented Dorothea Fogel, Chairman of said Committee, with a plaque in
appreciation for her committment and caring.
Public Hearing to consider rezoning a portion of proDerty between Celery Avenue and S.C.L.
Railroad Right-of-Way and between Summerlin Avenue and Brisson Avenue from SR-1, Single
Family Dwelling Residentialr to PDt Planned Development, as advertised in the Sanford Herald
on January 7 .and 17, 1992.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the rezoning. No one appeared.
Recommendation submitted from Director of Planning and Develoment to approve
request to rezone, with stipulations.
On recommendation of Planning and Zoning Commission and Director of Planning and
Development, Commissioner Thomas moved to authorize City Attorney to prepare the proper
ordinance to rezone the foregoing property, with conditions as set forth in memo dated
January 9, 1992, from Director of Planning and Development. Seconded by Commissioner
McClanahan and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Continuation of request from The Bikini Club, 2617 South Orlando Drive, for a Dance Hall
Licensew tabled at January 13, 1992 Regular Meeting, pending review and recommendations from
City Attorney.
On recommendation of City Attorney, Commissioner Thomas moved to authorize Dance
Hall License for The Bikini Club, 2717 South Orlando Drive. Seconded by Commissioner
Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Requests to hang banners in Downtown Sanford, and for Special Event Permit, as follows:
ae
Be
Request from Addie Theisen, Publicity Chairperson, Mardi Gras 92', to hang
banner from February 10 through March 1, 1992, for All Souls Church Festival.
Request from Reverend Sidney Brock, First Baptist Church, to hang banner from
March 7 through March 19, 1992, for Third Annual Youth Blast; and for Special
Event Permit at Ft. Mellon Park on March 14, 1992, for Youth Blast.
On recommendation of City Manager, Commissioner McClanahan moved to approve
requests A and B. Seconded by Commissioner Eckstein and carried by the vote
of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
246
MINUTES
City Commission, Sanford, Florida
January 27
19 92
Requests for free use of Civic Center.
Bo
Request from Martin Luther King, Jr., Steering Committee, for Celebration
Banquet on January 20, 1992.
On recommendation of City Manager, Commissioner Eckstein moved to approve
free use of Civic Center, as in prior years, as a "City Function" under the
auspices of the Human Relations Advisory Board (City Cost $531.00). Seconded
by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Request from Alumni and Friends of the Florida A & M University, for Gospel
Concert and musical workshop on February 21, 1992.
On recommendation of City Manager, Commissioner McClanahan moved to deny
total free use; and authorized use of said facility upon payment of fees in
estimated amount of $243.00 to cover the City"s costs. Seconded by
Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Request from Florida Power and Light Company, for waiver of Arbor Permit Fee. On
recommendation of City Manager, Commissioner Thomas moved to approve waiver of Arbor Permit
Fee, to be considered as part of the franchise agreement; and approval of blanket permit for
removal of cabbage/sabal palms which are in conflict with utility lines and are within 10
feet of a utility line. (Otherwise, individual permits will still be required, but without
usual fee.) Also, Staff to ask Florida Power and Light Company to be more sensitive to the
health and appearance of trees when crews are trimming/pruning same.
Commissioner McClanahan and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Aye
Seconded by
Recommendations from Planning and Zoning Commission Meeting of December 5, 1991, as described
in memo dated December 12, 1991, from Land Development Coordinator.
On recommendation of Planning and Zoning Commission, Commissioner McClanahan moved
to approve Final Plat for Silver Lake Industrial Park, tabled at January 13, 1992 Regular
Meeting, pending minor changes. Seconded by Commissioner Thomas and carried by the vote of
the Commission as follows:
-Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Recommendations from Planning and Zoning Commission Meeting of January16, 1992, as described
in memo dated January 21, 1992, from Land Development Coordinator.
On recommendation of Planning and Zoning Commission, Commissioner Thomas moved to
approve request for extension to January 2,'1993, pending execution of Developer's Agreement,
for approval of the Final Plat and Improvement Plans for Carriage Cove North Phase 1, 3501
Rolling Hills Drive, Dreyfus Interstate Development Corporation, owner. Seconded by
Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
MINUTES 2 4 7
City Commission, Sanford, Florida
Water Reclamation Facility Expansion Contract, as discussed at tonight's Work Session.
City Attorney reported that, as discussed at tonight's Work Session, the low bid
was non-responsive, and no certificate of MBE was included in said bid package, Further, the
second low bid was above the City's budget, that the City could accept said bid, however,
there are concerns about the budget, and that Staff could review the bid package and make
additions or deletions to bring the bid in line with the budget. City Attorney recommended
that the City Commission reject all bids and rebid.
On recommendation of City Attorney, Commissioner Eckstein moved to reject all bids,
to authorize Staff to review/change, where appropriate, bid package for possible additions
or deletions, and to rebid. Also, verbatim discussion at tonight's Work Session regarding
said item, to be incorporated into tonight's Regular Meeting Minutes. Seconded by
Commissioner McClanahan and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Said verbatim discussion is, as follows:
Mayor:
Discussion regarding the Water Reclamation Facility
Expansion Contract.
City Manager:
Yes, Mayor - We have some gentlemen here from ah, to -
to hear what we have to say about that. Ah - Mayor, um,
what we have here. We opened bids sometime ago, and we
received six or seven - ah - on that - ah - the low
bidder - ah - provided information regarding his specific
minority business enterprises, however, he did not
provide any information, as required in the
specification, to be provided at bid time relative to the
efforts to which he had gone to solicit this particular -
ah - this particular participation. Ah - the
qualification of the particular MBE, which was very large
on this particular contract, was challenged by the second
low bidder - ah - represented by some of the
gentlemen here today, on the basis that - that it was not
certified. Ah - in fact, he was only certified a number
Of years ago in - ah.
Mayor:
You're talking about the highest bidder now.
City Manager: No - this is - the, the low bidder
Mayor:
I mean the low bidder.
City Manager:
The sub-contractor for the low bidder - the minority
business. Ah - DER's policy has been that they in the
past have taken - ah - certifications, assumed
certifications to be valid until they have reason to do
otherwise, ah - in this case, a challenge is viewed by
DER as reason to do otherwise. They're looking for a new
certification - ah - or valid current certification, if
One's available. Ah - we gave Koblar, who was the low
bidder, until the 21st of this month to come forward with
a certification. He has not done so. It is the attorney
- the opinion of the attorney, that the way our
specification is written, that no substitution can be
allowed in this case because none of that information was
provided at the time of bidding. So, we have Koblar,
essentially - Incidentally, FDER has said that they will
not. approve a tentative award to the low bidder absent a
proper MBE certification. So, there's our situation
relative to low bidder. Ah - the - ah - second lowest
bidder, Adams Robinson, who challenged the -ah - low
bidder is - ah - here today. Ah - we've had
conversations between attorneys on this, and - ah - ah -
our attorney has made - has made some recommendations
relative to the two alternatives that we have before us.
I just discarded one of those. The two alternatives that
we appear to have before us - one would be to award to
the second low bidder. Ah - the second low bid is
approximately 13% higher than the engineer's estimate.
Ah - the other alternative, which I believe we have open
to us, is to reject all bids and to go again. Ah - so -
these - this is what - what we have right now, at this
point in time. Ah - in conversations with the ah - or
actually by letter, from the attorney for Adams Robinson.,
there has been a request to be allowed to speak to the
19
2 4 8 MINUTES
City Commission, Sanford, Florida
Janua~ 27
19 92
Commission, and - ah - while this a work session, it is
not mandatory, I would recommend you - you give these
gentlemen a specified period of time to - to say whatever
they would like to say.
Mayor:
(unable to understand) people here to talk (unable
to understand) for both
City Manager:
Everybody's here from Robinson.
here from Koblar.
We don't have anyone
Mayor:
Okay. Mr. Colbert or Ms. McIntosh - do you have any
suggestions.
City Attorney: You can - ah - if you choose - ah - to give them a time
certain, three to five minutes, to state their position.
I think Ms. McIntosh and I would like, at some point,
just to - to - summarize your legal position.
Mayor:
Since our time is running out - if you could please
summarize in about three minutes. Are you Mr. Kornreich?
Mr. Adams:
No, I'm Mr. Adams. I'm President of Adams Robinson
Mayor:
Mr. Adams:
Okay - I had
Kornreich Was - he's our attorney, and - ah - he has had
close contact with I believe your
City Manager:
(unable to understand - two people talking at the same
time)
Mr. Adams:
First of all, thank you for your time.
Com. Eckstein: He's our attorney too.
City Manager: No - different - different one.
Mr. Adams:
Thank you for your time. You are not in a very good
position, not an enviable position you find yourselves.
Two quick points: %1 The first set of instructions to
your - to any .bidding group, is -are - the bidding
instructions, and they've not been followed. Ah - we
listed a local minority business firm -ah - Willoby
Wilson - ah - and Company ,they're local to Sanford. We
stated they - ah - what they were going to be doing. We
complied 100% apart in - with the bid request. Ah -%2
There is a signal that is sent out to the bidding
community, and this is the perspective I want to get to,
that's very important - ah - that you don't consider.
You're a public body - ah - this is not going to be the
last public work that you - you have to do. Ah - %1 If -
if a - if a job is rebid, you're going to give the low
bidder, who clearly did not conform, or did not even try
to conform with your specifications, another opportunity
- two bites at the apple. And - and there's a walk away
theory in our industry that says - I'm not saying this is
the case, but - but this allows for a situation where a
contractor can come in. He can low ball a job. And I
don't look at it as we are 13% high. Ah - he was 13%
low, and my - ourselves and the next two or three
contractors, run a very tight shot pattern, if you will,
as they say, and - and - and the market has spOken as to
where the price of this job should be. Ah - if the job
is rebid, the low bidder clearly, at this point, can walk
away without supplying the information. He will not lose
his bid bond, and he can clearly come back for a second
day, having tested the waters of where this job is going
to bid, and in all probability his price is going to go
up. Our price is not going to come down. It's a tight
job. The market's tight. The competition is very keen,
and - and you're really giving the low bidder a second
bite at the proverbial contracting apple. In - in public
works contracting - ah - that's a signal to everyone else
out there, even the people who are not bidding this job,
to say that the City of Sanford will entertain
potentially - ah - a low bid. Throw it out, and then
rebid it, and this sets the stage for - ah - eventual
problems in the bidding process. Ah - this is the only
kind of work that we do. We are a general mechanical
contractor. We specialize in waste water treatment
plants. We were contractor of the year in 1989 (unable
to understand) the City of Apopka's project for the
American Boiler Works Association. Ah - We know our
business, and we've been in it for a long time, and
worked in a number of states. Ah - I'm here to give you
this perspective of a problem that came from about --
that's above and beyond the normal discussion of do we
bid, or do we give to the second bidder, or do we give to
the low bidder. So - basically, this iS~what I wanted to
MINUTES
City Commission, Sanford, Florida
January 27
249
19 92_
Mayor:
City Attorney:
Com Eckstein:
City Manager:
Mayor:
City Manager:
Mayor:
City Manager:
share with you tonight. Ah - an -ah - I'm really hear to
answer any questions.
Thank you sir. We appreciate that.
any questions. Okay - Mr. Colbert
Anybody else have
Okay. This is the night for the tough decisions it
seems. Ah - there was a bid package. There were a
number of bids that responded to it. Ah - I believe the
bids about $3,000,000.00 and 3,300,000.00 is a pretty
good spread between the top and the second one. They
both appear to be good companies. They're ably
represented by counsel. We've had discussion with both
of them. Both counsel are 'arguing their client's
position, and they're doing it Very well. As we've gone
through it, and Ms. McIntosh has worked on some of the
details of it, and may want to add to what I say. And
we've gone through it, and we believe the circumstances
the way they come - ah - that Koblar's bid, as it stands
right now, is non- responsive, and - and - ah - because
it is non-responsive, we believe it should be rejected by
the City. You then have the choice of - of going to the
second bid or not, and asking for re-bidding. If you go
to the second bid, as Mr. Simmons has already pointed
out, you're over the engineer's estimate, and - and - ah
- we've - we've had good service by the engineers, and -
ah - they've been on target on a lot of the estimates.
Ah -I'm not sure what Mr. Adams has said will be a fact.
I understand what he's saying. I, I understand that it
can occur that way. It would seem to me that if the City
chose to reject all bids, it could ask the staff to go
back through the specifications, and see if there are
some things that can be bid alternatively, and - ah - and
that way you could -ah - you coUld see what the bids are
when they come back. And if - if there is no change.
And if you are overbid -then maybe something that you
would - that you would be able to - to delete from it,
and stay within your budget, or could - ah - elect not
to. The - the second bid. Mr. Adams' bid is over
budget, and I think that's a valid reason that the City
could decide to reject all bids, and if you chose to
reject all bids, of the three alternatives, that is
probably the easier one for us to defend, if somebody
wants to challenge it. I'm kinda trying to give you a
little bit of a practical and little bit of a legal
perspective on it. This is the file, and Ms. McIntosh can
answer some technical questions. It has been a very
technical thing, and we've been looking at it for some
several weeks. And I can't tell you that one is the
absolute best decision that you can make, but I - I think
~ ah -leaning toward rejecting all bids unless - unless
you decide, as a policy, to do otherwise.
Ah - Another practical matter, which leads - leads me to
your conclusion is - we're talking about $400,000.00 -
talking about $400,000.000 - putting it out for rebid.
We could potentially save less than that. I mean ah
A comment I would make is I - I certainly agree with Mr.
Colbert's position of going back looking for things that
we can list as either deductive or additive bid items.
Really looking hard to see if there are some things that
~we can squeeze. Much of what is in this particular
contract, which actually has caused considerable growth
from the original estimate of this contract, it's grown
almost 1 million dollars, has been things, which FDER has
mandated go in there, up to and including, an elevator.
Don't you love it.
So - ah - there are a whole lot of things like that in
there.
(unable to understand - two people speaking at same time)
Whether or not we can work some of those or not - we're
basically about 1 million dollars over our state
revolving fund loan on this, and two other projects.
Mayor: Thank you very much. Um - this is on the Agenda, Item 11.
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City Commission, Sanford, Florida
January 27 19 92
Addendum No. 5, to Contract with Solin and Associates, as discussed at tonight's Work
Session. On recommendation of City Manager, Commissioner McClanahan moved to approve the
scope of services, and authorized the Mayor to execute said Addendum No. 5, to original
Contract dated April 10, 1989 with Solin and Associates, in amount not to exceed $27,740.00,
for Land Development Regulation Revisions. Seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Consent Agenda Items.
A. Requests for payment of statements.
(1)
From Jammal & Assoc (PSI) for Reclaimed Water Distribution
System - Neighborhood Project ............................. $
541.00
(2)
From Universal Eng Sciences, Inc. for Soil testing at
Site 10 - Contract II ..................................... $ 5,463.00
(3) From Conklin Porter & Holmes for:
(a)
Amendment 25 - Construction Services - Master
Wastewater Pump Station ............................... $
472.22
(b)
Amendment 18 - Construction Service - Eff
Storage & Spray Irrigation Systems,
Contracts B, C, & II .................................. $
228.46
(c)
Professional Engineering Services/Construction
Admistrative Services Site 10 - Contracts I, II & III.$15,172.35
(d)
Services during Construction - Seasonal Discharge
Transmission Facilities & Water Reclamation Facility
Expansion ............................................. $ 6,302.80
(e)
Construction Services - Westerly Interce'~tor &
Reclaimed Water Transmission Mains, Contracts I & II..$ 4,937.86
(f)
Professional Engineer Services - Sanitary Sewage
Collection System I & I Assessment & Engineering
Services ............................... ~ .............. $ 5,147.23
(g)
Limited Construction Administrative Services
Meadow Street/Driftwood Lane .......................... $ 1,011.18
(h)
Professional Engineering Services, Mill Creek & Cloud
Branch ............................................... $ 6,376.24
B. Tabulations of Bids.
(1)
Bid 91/92-18 for Civic Center Re-roofing Project (Recreation and Parks
Deptartment.) City Manager recommended acceptance of low bid, which met
specifications, from Bookhardt Roofing Company, Inc., in amount of
$9,600.00.
(2)
Bid 91/92-19 for Water Distribution Materials - Central Park Drive
(Utility Deptartment.) City Manager recommended acceptance of low bid,
which met specifications, from Southeastern Supply in amount of
$14,086.00, less $1,327.00 (alternate butterfly valves), for net bid of
$12,759.00.
(3)
Bid 91./92-20 for Truck Scale (Public Works Deptartment.) City Manager
recommended acceptance of second-lowest bid, which met specifications,
from Fairbanks Scales in amount of $31,434.00. (Lowest bid from First-
Weigh did not meet specifications.)
(4)
Bid 91/92-21 for Cold Water Pressure Washer (Public Works Deptartment.)
City Manager recommended acceptance of lowest bid, which met
specifications, from Grainger, Inc, in amount of $2,049.73.
Approval of Minutes of December 16, 1991, Regular Meeting, January 7, 1992,
Organizational Meeting, January 13, 1992, Work Session and Regular Meeting.
On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
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City Commission, Sanford, Florida
251
19 92
the Commission:
A. Authorized payment of statements (1) through (3).
B. (1)
Accepted lowest bid, which met specifications, from Bookhardt Roofing
Company, Inc. in amount of $9,600.00.
(2)
Accepted low bid, which met specifications, from Southeastern Supply in
amount of $14,086.00, less $1,327.00 (alternate butterfly valves), for
net bid of $12,759.00.
(3)
Accepted second-lowest bid, which met specifications, from Fairbanks
Scales in amount of $31,434.00 (Lowest bid from First-Weigh did not meet
specifications).
(4)
Accepted lowest bid, which met specifications, from Grainger, Inc., in
amount of $2,049.73.
Ce
Approved Minutes of December 16, 1991, Regular Meeting, Minutes of January 7,
1992, Organizational Meeting, Minutes of January 13, 1992, Work Session, and
Minutes of January 13, 1992 Regular Meeting.
Information for lump sum~ contract invoices. The Commission acknowledged four lump sum
contract invoices approved for payment, totalling $414,349.96.
Sanford Airport Authority. Commissioner McClanahan moved to expand the Sanford Aiport
Authority to nine members. Seconded by Commissioner Eckstein and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Eckstein moved to appoint Gene Daniel and Ronald Weindruch to serve on said
Sanford Airport Authority. seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Site 10 - Hay Operation vs Citrus Operation, as discussed at tonight's Work Session.
Commissioner Eckstein moved to abate action taken by the City Commission at January
13, 1992, Regular Meeting, whereby Staff was authorized to proceed with implementation of Hay
Operation on portion of Site 10, previously designated for Citrus Operation. Also authorized
City Attorney and Staff to meet with George Wallace to negotiate lease for Site 10 Citrus
Operation, for City Commission for consideration. Seconded by Commissioner McClanahan and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Resolution No. 1623. Commissioner Thomas moved to adopt Resolution No. 1623, entitled:
A RESOLUTION PROVIDING FOR THE REFUNDING OF A PORTION OF
THE OUTSTANDING WATER AND SEWER REVEWNUE BONDS, SERIES
1986, OF THE CITY OF SANFORD, FLORIDA; PROVIDING FOR THE
ISSUANCE OF NOT EXCEEDING $ WATER AND SEWER
REFUNDING REVENUE BONDS, SERIES 1992, OF THE CITY TO BE
APPLIED TO PAY THE PRINCIPAL, REDEMPTION PREMIUM AND
INTEREST IN RESPECT TO SAID PORTION OF THE PRESENTLY
OUTSTANDING OBLIGATIONS; PROVIDING FOR THE PAYMENT OF THE
REFUNDING BONDS FROM THE NET REVENUES OF THE CITY'S WATER
AND SEWER SYSTEM AND CERTAIN OTHER MONEYS PLEDGED
THEREFORE; PROVIDING FOR THE RIGHTS OF THE HOLDERS OFSUCH
BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AND EFFECTIVE
DATE.
At Regular Meeting of June 22, 1992, these Minutes were amended to include the complete title
of Resolution No. 1623. (See page 346 -)
The complete title of Resolution No. 1623 is on page 253.
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City Commission, Sanford, Florida
January 27
19 92
Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
First reading of Ordinance No. 3097. On motion of Commissioner Thomas, seconded by
Commissioner McClanahan and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Ordinance No. 3097, entitled:
AN ORDINANCE OF~THE CITY OF SANFORD,'-FLORIDA, AMENDING
ORDINANCE NO. 1990 OF SAID CITY; SAID ORDINANCE BEING A
ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF A
PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN CELERY
AVENUE AND S.C.L. RAILROAD RIGHT-OF-WAY AND BETWEEN
SUMMERLIN AVENUE AND BRISSON AVENUE IS PROPOSED TO BE
REZONED FROM SR-1, SINGLE FAMILY DWELLING RESIDENTIAL, TO
THAT OF PD, PLANNED DEVELOPMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
was introduced and placed on first reading.
Jennings vs Dade County.
City Attorney briefly reviewed memorandum dated December 26, 1991 regarding the
above-referenced court case. He stated that said case merely re-enforces the fact that
people in government need to hear all the evidence before rendering a decision with respect
to requests for rezoning, conditional use and variances. Further, ex-parte contacts deny due
process only when it can be shown that it proves prejudice resulting from the contact. Also,
he will forward a copy of a recent 5th District Court of Appeals decision.
Cemetery Maintenance Contract, as discussed at tonight's Work Session. On recommendation of
City Manager, Commissioner McClanahan moved to award Cemetery Maintenance Contract to the
third lowest bidder, Bon Terre, in amount $3,233.33 per month, for the remainder of FY 91/92.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Public Employees Relations Commission, as discussed at tonight's Work Session. Commissioner
Thomas moved to confirm City Manager's appointment of David Ligler, 108 Ventura Drive, to the
Public Employees Relations Commission.
vote of the Commission as follows:
Seconded by Commissioner Eckstein and carried by the
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Affordable Housing, as discussed at tonight's Work Session.
city Manager reported that Ralph Schmidt and Frank Shunock have requested City
assistance to obtain higher scores for additional tax credits, for possible Affordable
Housing initiative. Said requests include: 1) City consideration for allowing density
bonus if one is required, 2) City contribution of some compensatory easements of land, should
development of wetlands be necessary, and 3) The City will accept donation of land, for
further donation to the corporation doing the affordable housing as a means of creating City
financial involvement.
City Attorney recommended conceptual approval to accept donation of land, subject
to receipt of favorable environment assessment report prior to ownership change.
MINUTES 2 5 3
City Commission, Sanford, Florida
-3anuary 27
19 92
l
On recommendation of City Attorney, Commissioner Thomas moved to conceptually
approve acceptance of donated land from Frank Shunock and Ralph Schmidt, subject to
favorable environmental assessment report; the cost of same to be paid for by property owner.
Also, City contribution of some compensatory easements, with conditions, and possible density
Seconded by Commissioner McClanahan and carried by the vote of the Commission as
bonus.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Request from First Baptist Church, for Special Event Permit, for "Youth Blast" on March 14,
1992, at Fort Mellon Park. On recommendation of City Manager, Commissioner McClanahan moved
to approve Special Event Permit, as requested.
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Special Meeting of the City Commission.
Seconded by Commissioner Thomas and carried
Mayor Smith announced that the City Commission will
hold a Special Meeting on Monday, February 3, 1992 at 5:00 o'clock P.M., in the City
Commission Room, to consider Lease Proposal from George Wallace, for Site 10 Citrus
Operation, and any other business deemed necessary.
Agenda Item No. 11; Water Reclamation Facility Expansion Contract.
Joe Lawrence, Attorney/Representative, Koblar, appeared and requested information
regarding action taken by city commission.
city Attorney reported that the action of the Commission was to reject all bids,
and authorized Staff to rebid.
There being no further business, the meeting was adjourned.
Attest:
/ City ¢l~rk
% RESOLUTION PROVIDING FOR THE REFUNDING OF A PORTION OF
THE OUTSTANDING WATER AND SEWER REVENUE BONDS, SERIES
1986, AND ALL OR A PORTION OF THE OUTSTANDING WATER AND
SEWER REVENUE BONDS, SERIES 1989, OF THE CITY OF SANFORD,
FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING
$17,000,000 WATER AND SEWER REFUNDING REVENUE BONDS,
SERIES 1992, OF THE CITY TO BE APPLIED TO PAY THE
PRINCIPAL, REDEMPTION PREMIUM AND INTEREST IN RESPECT TO
SAID PORTION OF THE PRESENTLY OUTSTANDING OBLIGATIONS;
PROVIDING FOR THE PAYMENT OF THE REFUNDING BONDS FROM THE
NET REVENUES OF THE CITY'S WATER AND SEWER SYSTEM AND
CERTAIN OTHER MONEYS PLEDGED THEREFOR; PROVIDING FOR THE
RIGHTS OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN OTHER
COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;
PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
*** See page 251.