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01-12-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, January 12, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Turville, Council Member Ivey, Council Member Cole, and Council Member Norquist. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held December 8, 1992 were approved with the correction of Mr. Crissy's address to Oakland on page 3. CITY MANAGER SAUNDERS' REPORT Aerial Photograph of Clermont City Manager Saunders informed the Council that he has received quotes from two companies for two color aerial photographs to be placed in Council Chambers and City Hall. The photos would be approximately 50" x 90" and would include the Fosgate property and south as far as Anderson Road. Quotes were received from Continental Aerial in the amount of $4,210 for 300 scale and $3,610 for 400 scale, and ACA Aerial for $2,000 for 300 scale and $2,200 for 300 scale lower altitude, pieced photos. 93-001 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve the $2,000 quote ~'om A CA for two 300 scale, or $2,200 for lower altitude, pieced photos, with Ci~_ Manager Saunders determining upon personal inspection, together with a budget amendment not to exceed $2,200_. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 2 Center Lake Harvesting City Manager Saunders stated he received quotes for harvesting Center Lake, as follows: H & H Harvesting of Crystal River $3,200 Deland Harvesting $3,500 Environmental Waterway $3,590 The lake would be harvested to depths of 5-6', with the weeds removed, loaded and hauled to the City's compost site. The Fishery Department has offered to replenish the lake (at no cost to the City) with approximately 200 grass carp which is about 3 times the number the lake was previously stocked with. 93-002 After discussion regarding possibility of the City hauling the weeds for a reduced price, a motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to approve H & H Harvesting of Cry_stal River to harvest Center Lake, together with a budget amendment of $3,200. Sink or Win Cardboard Boat Race and Rabies Clinic April 24 The South Lake Animal League has requested Council approval of the Sink or Win Cardboard Boat Race scheduled for April 24 at Jaycee Beach together with a rabies clinic at the Highlander Hut. They also request permission to barricade the street during the race. They will provide a dumpster. 93-003 A motion was made by Council Member Cole, seconded by Council Member Ivey_, and carried unanimously to approve the Sink or Win Race, with necessa~_ street barricading and also a Rabies Clinic at the Highlander Hut on April 24. League of Cities City Manager Saunders stated the next quarterly meeting for the League of Cities is January 26 with the annual Awards Night Banquet. This is the same time and date as CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 3 the next regularly scheduled City Council meeting. City Manager Saunders will need to attend the League of Cities banquet to be installed as President and he suggested postponing the Council Meeting until Thursday, January 28. 93-004 A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to postpone the Ci~_ Council meeting until Janua~_ 28, or canceling the meeting if the item scheduled for the January 26 meeting can be postponed until February_ 9. Council Workshop City Manager Saunders suggested scheduling a workshop for Thursday, January 21 at 7:00 p.m. Mr. Strollo of Strollo Architects will be in attendance. Council agreed to the January 21 workshop scheduling. COUNCIL MEMBER IVEY'S REPORT Council Member Ivey reported that he and Planning Director Harker attended a Lake County Affordable Housing meeting last Wednesday. Each county is scheduled to receive a minimum of $200,000 and the committee is establishing the formula to disperse this money. MAYOR POOL'S REPORT Mayor Pool stated that the planting has been completed at the Highway 50/27 interchange and he thanked all those who were involved in the project. COUNCIL MEMBER TURVILLE'S REPORT Council Member Turville stated that Rails Trails has scheduled a grand opening of the General James A. Van Fleet State Trail in the Green Swamp at Mabel on Saturday, February 6 at 11:00 a.m. They~are asking for help for the $1,000 estimated cost of the ceremony. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 4 93-005 93-006 A motion was made by_ Council Member Cole, seconded by Council Member Norquist and carried unanimously to donate $250 for the ceremony costs of the Grand Opening of the General James A. Van Fleet State Trail. VISITORS WITH BUSINESS Fred Sommer, CFT Sports Mr. Fred Sommer of CFT Sports reviewed the proposed Triathlon schedule for 1993, as follows: Feb. 7 March 20 April 3-4 June 6, 27, July 11, August 1, 22 Oct. 2 Oct. 23 Nov. 21 Third Annual Winter Duathlon Eighth Annual Spring Sprint Triathlon 10th Annual Great Clermont Triathlon Third Annual Central Florida Sprint Triathlon Series Ninth Annual Florida Challenge Triathlon Third Annual Great Floridian Triathlon Sixth Annual Culminator Triathlon A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to approve the above Triathlon schedule and Jay_cee Beach use. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 5 Banyon Construction 25' Rear Yard Variance Request Mayor Pool stated that Banyon Construction is requesting a variance to the 25' rear yard setback requirement which requires a Quasi-Judicial Hearing, and anyone wishing to speak in favor of, or against the variance request must be sworn in. City Manager Saunders stated that a house was constructed at 2369 Ridge Avenue with a rear yard shortage of 5" at the northeast comer and a 6" shortage at the southeast corner. The applicant has stated that the problem was caused by a concrete marker being out of place by 8". Judson Stringfellow of Banyon Construction, 10604 Crescent Lake Court, Clermont was sworn in by City Clerk Van Zile and Mayor Pool opened the Public Heating. Mr. Judson Stringfellow explained that the measurements were determined from two concrete markers, and one of the markers was found to be 8" off when a new survey was done. City Manager Saunders entered into record a letter objecting to the variance.request that had been received from Jane McAllister of 2445 Lakeview Avenue, Clermont. City Manager Saunders explained that the City has contracted with Lake County Building Department for inspecting, including measuring setbacks, and they may have been in error when this was measured. He has asked the County to be more careful in measuring the setbacks. Mayor Pool closed the Public Heating. 93-007 A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to grant a variance to decrease the 25' rear yard setback. Council Member Ivey requested that the possibility of requiring a survey prior to commencing construction be explored. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 6 CDS Trucking Request for Bond Reduction City Manager Saunders explained that CDS Trucking was under contract with Mr. Bob Wade for the fill project adjacent to Quincy's Restaurant. The City is holding a $50,000 cash bond that was required of CDS to guarantee the conditions of the Conditional Use Permit which include the reclamation of the site. The Conditional Use Permit was signed by both Mr. Bob Wade and CDS Trucking. The majority of the property located in the original fill project was included in the new Conditional Use Permit for the Shopping Center. A small portion of the property to the East and the fill road between the northern and southern sections of Jacks Lake are not included in the new CUP and are still subject to the reclamation conditions of the original CUP. The reclamation work still required to be done on this section includes some finish grading, grassing, and the removal of the clay that was placed for the access road between the northern and southern sections of Jacks Lake. CDS is willing to complete that work, however, they do not have permission from Mr. Wade to enter the site to complete the work. They estimate the reclamation cost to be approximately $5,000 and ask their cash bond be reduced to that. Mr. Scott Feldman of CDS Trucking has estimated the reclamation cost to be $4,136.50, however, it would likely cost the City more than that. Springstead Engineering staff recommends the bond be reduced to $10,000. Mr. Scott Feldman stated that the $4,136.50 bid is a standing bid if the City is required to do the reclamation work. Mr. William Asma, attorney for CDS Trucking explained that the parties are involved in litigation and there is no communication between them because of the litigation. City Manager Saunders explained that Mr. Wade is in violation of the original CUP because he has not done the reclamation. The permit has expired, but it is still required that the site be reclaimed, and he could be cited for the deficiency. Attorney Baird questioned whether the property owner needs to sign off before the bond could be reduced or released, and he will investigate this question. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 7 93-008 After considerable discussion, a motion was made by Council Member Ivey_, seconded by Council Member Norquist, and carried unanimously to refund $40,000 of the $50,000 bond to CDS Trucking provided Attorney_ Baird finds that it is allowable without the owner signing o__ff. Fred Fox Enterprises, Community Development Block Grant Mr. Errol Jones, consultant with Fred Fox Enterprises provided a program update for all homes considered under the Community Development Block Grant. He stated eight homes have been completed to date, with three more complete within the next couple of days. He explained that a representative of L & L Construction, low bidder on the Beverly home, offended the Beverly's, and the Beverly's are requesting another contractor. The Community Action Task Force reviewed the problem and recommend that another contractor be found by rebidding with some adjustments in the specifications. 93-009 After discussion, a motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to rebid the Beverly home. Mr. Jones recommended the following Change Orders be approved, as followS: Wilder Home: Replace Z-brick, adding $150.00 for a total of $21,587. 93-010 A motion was made by Council Member Ivey_, seconded by Council Member Cole, and carried unanimously to approve the $150. O0 addition change order to the Wilder home. McGee Home: Install new garage door, adding $350.00 for a total of $19,002. 93-011 A motion was made by Council Member Norquist, seconded by Council Member Ivey_, and carried unanimously to approve the $350. O0 addition change order to the McGee Home. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 8 Crowder Home: Replace two wall heaters in lieu of new heater at no price change (from gas to electric). 93-012 A motion was made by Council Member Cole, seconded by Council Member Ivey_, and carried unanimously to approve the gas to electric heater change order for the Crowder Home. Wright Home: Delete reroofing (insurance company reroofed because of storm damage), install new drip edge for a deduct of $1,300, with a new total of $19,563. 93-013 A motion was made by Council Member Ivey_, seconded by_ Council Member Norquist, and carried unanimously to approve the $1,300 deduct change order for the Wright home. Perkins Home: Additional trench and seal on east side of home at a price increase of $200, and $1,295 addition for replacing two heaters and converting the bathroom to handicap accessible for a new total of $18,687. 93-014 A motion was made by Council Member Norquist, seconded by Council Member Ivey_, and carried unanimously to approve the $200 addition and the $1,295 addition change order for the Perkins home. Pace Home: Delete bath tile, and add three interior doors for a deduct of $115, and a new total of $21,199. 93-015 A motion was made by Council Member Ivey_, 'seconded by Council Member Cole. and carried unanimously to approve the $115 deduct change order for the Pace home. Davis Home: Delete pest control, provide termite bond, add replacement of lower pane of windows for no price increase; replace kitchen sink, range hood, kitchen vinyl, interior door, and add exterior rear light for an additional $665, with a new total of $7,540. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 9 93-016 A motion was made by_ Council Member Norquist, seconded by Council Member Cole. and carried unanimously to approve the $665 addition change order for the Davis home. Irene Abraham asked how long it would be before those qualified for the Community Development Block Grant would know if their home will be rehabilitated or dropped from the list. City Manager Saunders stated that the Citizens Advisory Task Force makes the recommendations to the Council as to which bids should be awarded. Lower cost projects are currently being sought so that more of the higher cost rehabs can be done, and still accomplish the 25 minimum needed to complete in accordance with the Florida Department of Community Affairs. UNFINISHED BUSINESS Final Reading of Ordinance 248-M Mayor Pool read Ordinance 248-M by title only. The Ordinance would annex approximately 40 acres which is located 600' north of Highway 50 and east of Jacks Lake Road. The property is owned by South Lake Memorial Hospital and is the proposed site of a future hospital. Mayor Pool opened the public hearing. Mr. Pat Smith, administrator of the South Lake Memorial Hospital introduced himself and stated he would answer any questions. Mayor Pool closed the public hearing. 93-017 A motion was made by Council Member Ivey_, seconded by_ Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance 248-M Final Reading of Ordinance 249-M Mayor Pool read Ordinance 249-M by title only. The Ordinance would rezone the property annexed by Ordinance 248-M from R-R Rural Residential to R-3 Residential Professional. Mayor Pool stated the applicants have withdrawn this request for rezoning, therefore, the property annexed into the City in Ordinance 248-M will automatically be R-R rural residential. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 10 Americans with Disabilities Act City Manager Saunders stated that a grievance procedure must be adopted to meet Americans with Disabilities Act requirements, and the proposed ADA Grievance Procedure has been reviewed at a Council Workshop. 93-018 ,4 motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to adopt the proposed ADA Grievance Procedure. NEW BUSINESS Bid Award - Gasoline and Diesel Fuel Bid for 1993 City Manager Saunders reviewed a summary of bids received for gas and diesel fuel for 1993. The low bidders are Cox Oil Company for gasoline at $.87889 per gallon and R. C. Dunn for diesel fuel at $.6717 per gallon which is approximately 10% decrease in price from last year. 93-0 19 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously to award the gasoline bid to Cox Oil Company for $. 87889 per gallon, and the diesel fuel bid to R. C. Dunn for $. 6717per gallon for 1993. Property Acquisition Consideration - Near Cooper Memorial Library City Manager Saunders stated that he and Don Wickham of the Library Board had talked regarding the possible purchase of a 69' x 160' lot on Minneola Avenue located adjacent to Cooper Memorial Library. The asking price of the lot is $19,000. The planned Library building expansion will eliminate three or four parking spaces, leaving approximately 40 spaces, however, there is no parking standard for a library. Mr. Bob Jackson, member of the Cooper Memorial Library Board stated the Board is not interested in purchasing the property because they are trying to retain as much money as possible for the future building expansion. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 11 The owner has been contacted regarding trading the Minneola Avenue lot for a lot the City owns on Montrose and 12th, but they are not interested. The City lot on' Montrose and 12th could be declared surplus property and sold. 93-020 After discussion, a motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously not to purchase the Minneola Avenue lot at this time. Board Appointments Planning & Zoning Commission: City Manager Saunders explained that five terms have expired including Joe Wiebush, Marilyn George, Bonnie Kranz, James Brown and Jim Hoskinson. All five have requested to be reappointed (two-year term). Mr. Jack Sargent, Chairman of the Planning & Zoning Commission stated he has been very happy with these five members and believes they will contribute in the future. Mr. James Welborn has indicated his interest in serving either on the Planning & Zoning Commission or the Code Enforcement Board. Mrs. Cuqui Whitehead has indicated she is interested in serving on the Planning & Zoning Commission. 93-021 A motion was made by Council Member Cole, seconded by Council Member Ivey_, and carried unanimously to reappoint (two-year terms_) Joe Wiebush, Marilyn George, Bonnie Kran:L James Brown, and Jim Hoskinson to the Planning & Zoning Commission. Code Enforcement Board: City Manager Saunders stated that two terms have expired--Mrs. Emma Higgins and Mr. Ed Whitehead. Mr. Ed Whitehead has requested reappointment, however, Mrs. Higgins has indicated she does not wish to serve another term. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 12 The Board has also recommended removing Mr. William McKinney as he did not attend any of the 1992 meetings. Council Members agreed to submit names for his replacement at a later meeting. 93-022 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanim[~usly to reappoint Mr. Ed Whitehead and appoint Mr. James Welborn (three-year terms) to the Code Enforcement Board. Parks & Recreation Board: City Manager Saunders and Parks & Recreation Chairman Wendell McDannel believed the following individuals will be very active and successful. Mayor Pool appointed the following Parks & Recreation Committee for 1993, as follows: Wendell McDannel Cliff Revell Don Sheppard Don Morrison Jack Gaines Nancy Revell April Sheppard Ron Beighley Clermont Beautification Committee: Mayor Pool appointed the following citizens to the Clermont Beautification Committee: Karen Turville Lisa Pool Joe Janusiak Bruce Brown Percy Coleman Alfred Cheesborough Oakley Seaver Nancy Davis Ross McCardell Cathy Brown Mary Coleman CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 13 Lake Apopka Natural Gas Board of Directors City Manager Saunders stated that Mr. Jack Sargent has served on the Lake Apopka Natural Gas Board of Directors for several years and he is requesting reappointment for a two-year term. 93-023 A motion was made by Council Member Turville, seconded by Council Member Ivey, and carried unanimously to reappoint Mr. Jack Sargent to the Lake Apopka Natural Gas Board of Directors. Other Appointments 93-024 After discussion, a motion was made by Council Member Turville, seconded by Council Member Cole and carried unanimously to appoint the_following to miscellaneous outside agencies: Cooper Memorial Library Liaison: Lake County Pollution Control Board (Lake Water Authority): East Central Florida Regional Planning Council: Lake County Community Action Agency: Lake County Board of Commissioners Liaison: Lake County League of Cities Board of Directors: Zoning & Housing Board of Adjustments: Lake County Affordable Housing Subcommittee: Clermont Chamber of Commerce Liaison Robert Pool Hal Turville Robert Pool Lester Cole (yearly appt) Edward Ivey Wayne Saunders City Council Edward Ivey Ken Norquist Florida Municipal Pension Trust Fund Mayor Pool explained that he has served two terms for the Florida Municipal Trust Fund and cannot serve another term. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 12, 1993 PAGE 14 There being no further business or discussion, the meeting adjourned at 10:08 p.m. Attest: