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10-13-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 13, 1998 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Norquist with the following Council Members present: Council Member Brown, Council Member Wolfe and Council Member Cole. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Clerk Waters and newly appointed Council Member Turville. INVOCATION The Invocation was offered by Mayor Norquist followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the regular Council Meeting held September 22, Special Council Meeting held September 24, and Council Workshop Meetings held July 21, July 23, July 27, and August 6, and the joint Workshop meeting with Minneola on September 3, 1998 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop and Special Meeting Scheduled Council Members scheduled a workshop meeting on October 29 at the Police Department at 6:00 p.m. to review Kevin Hawkins project and a Special Meeting following at 6:30 p.m. to review architect's presentations for the City Hall/Fire Department/Kehlor Park building projects. Hancock Recreation Area Grant Application City Manager Saunders stated that the Parks and Recreation Commission has recommended the City apply for a $100,000 50/50 matching grant with the Florida State CIIT OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 2 Department of Natural Resources for development of the Hancock Recreation Area. He reviewed the proposed plans for the recreation area. 98-314 ~4 motion was made b_¥ Council Member Cole, seconded bP Council Member Wolfe, and carried unanimously to approve app!¥ing for a $100,000 50/50 matching grant with the Florida State Department of Natural Resources (FRD~4P). Fire Department Allegations City Manager Saunders stated that several months ago a former fire fighter filed a FDLE complaint against the City's Fire Department regarding falsification of information. The complaint was not taken to him, but rather to the press and Channel 9 who sensationalized the issue. City Manager Saunders stated that the State Attorney's office report was delivered late last Friday after several weeks of investigation by the FDLE and the State Attorney's office. In summary, the report states, "No information was developed during the course of this investigation to establish corrupt intentional falsification of information." The FDLE report was submitted to the State Attorney's office and their conclusion is, "There is no evidence that a crime occurred." Their cover letter states, "Pursuant to the review of the materials in this case, there was no evidence shown of corrupt intent as is necessary for violation." City Manager Saunders further stated that we previously received letters from the State Fire Marshall's Office and ISO, and neither one of those agencies had a problem with the reporting methods used by the Fire Department. COUNCIL MEMBER BROWN'S REPORT Council Member Brown stated that he was sworn into office the next meeting alter winning by a majority vote in 1997. The memo in the current packet states that Jeff Biddle will not be sworn into office until the first meeting in November. City Attorney Baird stated that a mistake was made in 1997 and new Council Members should be sworn into office at the first meeting after the General Election in November. Council CIIT OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 3 Member Wolfe reviewed the area in the Charter that states, "shall be sworn into office at the next regular meeting." He requested that changes be made that clearly define the date of the term of office, including when they are seated. City Attorney Baird stated that "the next regular meeting after the General Election" is the intent. MAYOR NORQUIST'S REPORT Mayor Norquist stated that Mayor Pool resigned a couple of weeks ago because he anticipated the need to miss additional meetings in order to campaign for the County Commission position. Rather than leave the Council at a disadvantage, he resigned because we were able to appoint the unopposed incoming Mayor Hal Turville as a Council Member until the November 10 meeting. An editorial in a local newspaper unjustly stated that Mayor Pool resigned because of upcoming issues. ADMINISTRATION OF OATH OF OFFICE Mayor Norquist introduced Hal Turville who previously served as a Council Member from 1981 to 1994. He will be sworn in as Mayor at the November 10 Council Meeting. City Clerk Van Zile administered the Oath of Office to Mr. Hal Turville. ACCEPTANCE OF ELECTION RETURNS Mayor Norquist stated that the results of the primary election held October 1 are as follows: Jeffrey Biddle receiving 53.48% of the votes for Council Seat #1 for a total of 576 votes; Mr. Forth receiving 42.06% for a total of 453 votes, and Alex Ludick receiving 4.45% for 48 votes. 98-315 A motion was made by Council Member Wolfe, seconded bF Council Member Cole, and carried unanimous!¥ to accept the above election returns_for Council Member Seat #1. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 4 VISITORS WITH BUSINESS Walker Brothers Circus City Manager Saunders stated that a request by Walker Brothers Circus and the Citrus Tower owners has been made to hold a two-day circus at the Citrus Tower October 22 and 23 with two shows--5:30 p.m. and 7:30 p.m. He recommended approval of the request. 98-316 A motion was made by Council Member Turville, seconded by Council Member Brown, and carried unanimously to approve the Walker Brothers Circus at the Citrus Tower on October 22 and 23, 1998. UNFINISHED BUSINESS Final Reading of Ordinance 349-M Final Reading of Ordinance 350-M Franklin Longenback - Resolution No. 1011 City Manager Saunders stated that a letter was received this afternoon asking to withdraw Ordinance 349-M, Ordinance 350-M, and Resolution No. 1011. Final Reading of Ordinance 364-M Mayor Pool read Ordinance 364-M by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request needs to be sworn in. No one asked to be sworn in. City Manager Saunders stated that this ordinance will adopt three small scale Comprehensive Plan amendments. Planning Director Harker stated that the request is for a change in allowable land uses from Residential-Professional to include commercial use. The project consists of 4 lots located at the southwest comer of Highway 50 and 5 th Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 5 City Manager Saunders stated that the Planning and Zoning Commission and the staff recommend approval. 98-317 A motion was made bY Council Member Cole, seconded bP Council Member Wolfe, and carried unanimously by roll call vote to adopt Ordinance 364-M to change the allowable land uses from Residential- Professional to include commercial use for 4 lots located at the southwest corner of Highway 50 and 5 tn Street. Final Reading of Ordinance 365-M Mayor Norquist read Ordinance 365-M by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request needs to be sworn in. No one asked to speak. City Manager Saunders stated that Ordinance 365-M will rezone from C-1 Commercial to CBD Central Business District the remaining section of Mr. Sutton's property located west of West Avenue along the northern shore of West Lake. 98-318 A motion was made bY Council Member Brown, seconded b¥ Council Member Turville, and carried unanimously bp roll vote to adopt Ordinance 365-M to rezone_from C-1 Commercial to CBD Central Business District proper~ owned bY Mr. Sutton located west of West Avenue along the northern shore of West Lake. Final Reading of Ordinance 368-M Mayor Norquist read Ordinance 368-M by title only. City Manager Saunders stated that an existing 15' right-of-way is being proposed for vacation which runs along the north boundary of Sierra Vista subdivision. He stated that the Council approved the plat at the last Council meeting. He recommended approval of the closing of this roadway. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 6 98-319 A motion was made bY Council Member Cole, seconded by Council Member Turville, and carried unanimousl_¥ bY roll call vote to adopt Ordinance 368-M which vacates an existing 15'right-of-way which runs along the north boundary Of Sierra Vista subdivision. NEW BUSINESS Interlocal Agreement with Minneola City Manager Saunders stated that the proposed Interlocal Agreement with the City of Minneola for temporary water service was discussed at the joint workshop held September 3. He referenced minor changes he and City Attorney Baird recommend in the areas listed as//3 Contingencies, Article 5, Section 5.1, and Section 7.4-a. City Manager Saunders stated that the fee of 125% of the normal Clermont water fee was the mount proposed by Minneola and is the mount allowed by law. Mayor Norquist stated he thought this is a good neighbor policy to enter into this agreement. Jim Grant stated that we are not good neighbors when we provide water to a municipality that has no sound growth policy and are permitting reckless and irresponsible people to develop. He stated the entire area has been designated a water caution area and we are endangering providing water to ourselves if we continue to allow the current rate of development. 98-320 ,4 motion was made by Council Member Cole, seconded bY Council Member Wolfe, and carried unanimous!¥ to approve the Interlocal ,4greement with Minneola for temporal_ water service with the recommended changes. Refuse Agreement - South Lake Refuse City Manager Saunders stated that the City currently contracts with South Lake Refuse Service for refuse collection in the Kings Ridge development and he is recommending CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 7 that the agreement be extended for an additional year. South Lake Refuse has agreed to extend the agreement at the current rate of $14.83 per home. 98-321 A motion was made bY Council Member Turville, seconded by Council Member Cole, and carried unanimousl_¥ to extend the refuse agreement with South Lake Refuse for the Kings Ridge area at the rate of $14.83 per home. Easement Release City Manager Saunders stated that Mr. Carter and the Fosgate Company granted a temporary construction easement to the City of Clermont for the construction of North Ridge Boulevard and Citrus Tower Boulevard on property adjacent to the road right-of- ways. He recommended that the Council approve the release of this temporary easement as the construction has been completed and the easement is no longer necessary. 98-322 ,4 motion was made b? Council Member Brown, seconded by Council Member Wolfe, and carried unanimously to release the temporary construction easement for the construction of North Ridge Boulevard and Citrus Tower Boulevard. Banking Services Agreement Finance Director Van Zile stated that the current banking agreement with SunTrust expired on November 1. He contacted all the local banks and made a comparison of banking service proposals. He recommended another three year banking services agreement with SunTrust Bank. 98-323 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimousl_¥ to approve the three-year banking services agreement with SunTrust Bank. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 8 Flow Testing City Manager Saunders stated that our goal is to flow-test each of our hydrants twice per year. In the past this has been accomplished with volunteer fire fighters when available with the help of the City's Utility Department crew. Chief Bishop proposes to assign fire fighters to flow test the hydrants. Under the Fair Labor Standards Act, they can still maintain their volunteer status. He proposed a two-man crew working two assignments per week, each assignment consisting of the testing and routine maintenance on a minimum of 12 hydrants. Each of the two fire fighters would receive $24 per assignment. This will result in an annual cost of approximately $3,300 for the testing of all of our hydrants twice per year. 98-324 A motion was made bp Council Member Brown, seconded bp Council Member Wolfe, and carried unanimously to approve fire fighters to flow test the City's hydrants. Bid Award - Jenkins Auditorium Re-roof City Manager Saunders stated that bids were received for the re-roofing of Jenkins Auditorium. Public Service Director Davis recommends that the low bidder, Specialty Insulation, be awarded the bid of $38,795. He stated that we have budgeted $40,000 this year for this project and recommend approval of the low bid. 98-325 A motion was made by Council Member Wolfe, seconded by Council Member Cole, and carried unanimously to award the bM_for re-roofing Jenkins Auditorium to Special~ Insulation in the amount 0f$38, 795. Change Order City Manager Saunders stated that approval of Change Order//3 is requested for the Greater Hills pump modifications. This water system was purchased from Greater Construction and in the process of upgrading the system have discovered several CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 9 additional items that need to be repaired or replaced in order to maximize the ability of the system. Change Order #3 lists $26,627 of changes with the two major changes being the chlorine system upgrade including a new booster pump and repairing the existing 20" main that failed while some of the other work was performed. 98-326 A motion was made by Council Member Cole, seconded by Council Member Brown and carried unanimously to approve Change Order #3_for the Greater Hills pump modifications. Introduction of Ordinance 290-C Mayor Norquist read Ordinance 290-C by title only and stated it will amend the Land Development Regulations The public hearing is scheduled for October 27, 1998. A discussion was held regarding procedure for introducing ordinances and Council Members agreed to only read the ordinances by title only. Introduction of Ordinance 366-M Mayor Norquist read Ordinance 366-M by title only and stated it will rezone approximately 33 acres located at the northeast comer of the intersection of S.R. 50 and North Hancock Road from R-R Rural Residential to C-2 General Commercial. The public hearing is scheduled for October 27, 1998. Introduction of 367-M Mayor Norquist read Ordinance 367-M by title only and stated it will rezone approximately 104 acres located north of the Lake Sumter Community College site from R-R Rural Residential to R-1 Residential. The public hearing will be held October 27, 1998. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 10 Introduction of Ordinance 369-M Mayor Norquist read Ordinance 369-M by title only and stated it will annex approximately 5.9 acres located on the north side of S.R. 50 approximately 1,400' cast of Citrus Tower Boulevard. The public hearing will be held October 27, 1998. Introduction of Ordinance 370-M Mayor Norquist read Ordinance 370-M by title only and stated it will annex approximately five acres located northwest of Lake Wilma south of Hook Street. The public hearing will be held October 27, 1998. Introduction of Ordinance 371-M Mayor Norquist read Ordinance 371-M by title only and stated the Small Scale Amendments were previously adopted by the Council, however, a change in the DCA regulations requires a re-adoption after October 1. The public hearing will be held October 27, 1998. AUDIENCE COMMENTS Jim Grant urged Council Members to attend the Board of Governors of the St. Johns River Water Management District meeting tomorrow. They will question the extension of the emergency order allowing Polk County to divert water from Lake Lowery. There being no further business or discussion, the meeting adjourned at 9:09 p.m. K~n ~qorquist, M~ CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 1998 Page 11 Attest: