Loading...
04-14-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 14, 1998 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Cole, Council Member Wolfe, Council Member Brown, and Council Member Norquist. Other City officials present were City Manager Saunders, Planning Director Harker and Clerk Beasley. INVOCATION The Invocation was offered by Council Member 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 March 24, 1998 and the Workshop Meeting held February 9, 1998 were approved as presented. CITY MANAGER SAUNDERS' REPORT Visioning Workshop City Manager Saunders invited everyone to a Visioning Workshop to be held at Jenkins Auditorium on Monday, April 20, 1998 at 7:30 p.m. A major amendment will be made to the Comprehensive Plan later this year. The public will have an opportunity to provide input and ideas for what they want Clermont to be in the future. Center Lake Update City Manager Saunders stated that several years ago Center Lake, Crystal Lake, Shady Nook Lake, and Sparking Water Lake were pumped into Lake Minneola or Lake Winona to avoid flooding streets and adjoining properties. The only lake that has been pumped in the last 15 years is Center Lake, and that was only done on two occasions CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 2 (last month and once in the mid-1980's). The level of Center Lake was actually above the elevation of a sewage lift station located on the north side of the lake twice last month because of unusual storms. An emergency pumping permit was received from St. Johns Water Authority and water was pumped for three days beginning March 12, lowering the level 7 inches. Additional pumping took place a week later from March 19-22 lowering the lake level about 5 inches after another significant rain storm. The pump was removed after the second pumping. City Manager Saunders stated that a storm water retention area has recently been completed for the Central Business District between 7~ Street and Carroll Street and a request has been made to St. Johns River Water Management to amend the temporary permit to allow a test pump to the water retention area which may be a solution to keep the Center Lake water out of the lift station and the street. Other permanent solutions are also being investigated. City Manager Saunders stated that an algae bloom has occurred on Lake Winona. St. Johns Water Authority did investigate this and their initial comment was that they didn't believe this was a result of the Center Lake pumping because of the mount of time between the pumping and the bloom, and the algae blooming in Lake Winona is a different type than found in Center Lake. The fecal coliform level in Lake Winona was higher than the level in Center Lake and more tests are being done. Pat Tillman asked if it is safe to swim in Lake Winona. City Manager Saunders stated results from the additional tests will be back by tomorrow. She stated she has seen dead fish floating which she has never seen before. Matt Modica was concerned that no one was notified that Lake Winona was unsafe when the March 26 test results were received. He felt the pumping of Center Lake into Lake Winona was a incredible mistake and caused permanent damage. Dave Peterson asked if the City Manager made the decision to pump the lake and if any of the City Council Members had opposed the pumping. No Council Members CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 3 responded and City Manager Saunders stated it was his decision and that City Council had been informed, but no vote was taken. Council Member Norquist stated that he previously worked for Lake County Health Department and was certified to take water samples. He stated that a good representation is not supplied with only one test result back from Lake Winona. Steve Haas asked why the alternative of pumping into the retention area wasn't considered before pumping into Lake Winona. City Manager Saunders stated that the downtown storm water retention area was under construction at the time and will be completed very soon so the option wasn't available at that time. He also asked who made the statement from St. Johns Water Authority about the algae bloom. City Manager Saunders stated Cammie Dewey has been out at least two times and made that remark. Kay Beatty stated she and other neighbors have noticed there that the fish have not been jumping for a long time. She thought they had other problems other than Center Lake. She stated there were homes along the canal side that had sewage backups. Gretchen Crecelius asked if the City will try to return the lake water to its former state at Lake Winona. Mayor Pool stated that the City will do whatever St. Johns River Water Management recommends. Charles Forth suggested that funds from the newly developed CRA be used when available to correct the problem. Mike Shurtleff asked if Lake Winona can be restored. Mayor Pool stated that the City will do whatever is required. City Manager Saunders stated one of the large sources of stormwater into Lake Winona is from Highway 50 and there is a possibility of funds for storm water management from DOT. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 4 City Piano City Manager Saunders stated that a couple of months ago a grand piano was donated to the City by Mrs. Mongeau and it was placed in Jenkins Auditorium. The majority of the use for the piano is by the South Lake Council of the Arts presentations who has requested to move the piano to the High School where the events are held. He recommended the move and stated that Mrs. Mongeau agrees. 98-114 A motion was made by Council Member Cole, seconded by Council Member Wolfe and carried unanimously to approve the move of the grand piano .from Jenkins Auditorium to South Lake High School with the South Lake Council of the Arts responsible for the tuning. Mural on Hughes Supply City Manager Saunders stated that the ACE Program has been working on the mural on Hughes Supply Building. They invited the City Council and the public to attend an art show and official unveiling of the mural on April 30 from 4:00 to 7:00 p.m. with the official unveiling at 7:00 p.m. City Engineer Interviews City Manager Saunders stated the interviews will be completed for the top candidates this week and a selection may be made soon. COUNCIL MEMBER WOLFE'S REPORT 4-Way Stops on Minnehaha Avenue Council Member Wolfe stated Mrs. Hester requested 4-way stops on Minnehaha Avenue. City Manager Saunders stated his review showed that East Avenue, which is the busiest intersection, would be a good intersection to slow down traffic. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 5 COUNCIL MEMBER BROWN'S REPORT Council Member Brown stated he chaperoned a dance at Jenkins a couple of weeks ago with about 12 other chaperones and one uniformed police officer. He suggested a second officer be considered since there was a scuffle and he needed to call for backup. City Manager Saunders stated he will talk with the YMCA and investigate further. MAYOR POOL'S REPORT Lake County Day in Tallahassee Mayor Pool reported that he and Council Member Brown and Chief Planner Barry Brown attended Lake County Day in Tallahassee on April 6 and 7 to meet with legislators and get updated on the current issues. VISITORS WITH BUSINESS Fred Fox Enterprises Mr. Fox gave reported that of 24 homes to be rehabilitated with the Community Devel- opment Block Grant, 19 were finished, 4 were in the process, and the last home owner is looking for temporary housing. Of the 2 replacements, one home is in the process of being built, and the second one has resolved some legal problems and will be signing a contract next week. Mr. Fox requested approval of the four change orders which have been approved by the Citizens Advisory Task Force and include the following: Ruthie Pace Replace Hot Water Heater $435 Veola Hobbs New Refrigerator and Sewer Line $2,100 Daisy Clark Add 3' door into bathroom $250 Ann Wilson Surveying $285 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 6 98-115 A motion was made by Council Member Norquist, seconded by Council Member Cole. and carried unanimously to approve the four change orders for the CommuniU Development Block Grant. Hickory Point Recreation Facility City Manager Saunders stated that Rene James, Manager of the Hickory Point Recreation Facility has requesting permission to hang a banner in the City of Clermont advertising Lake County Water Authority's celebration to be held at Hickory Point on May 25. This will be a 4' by 40' wide banner that will be hung approximately three weeks prior to the event and is proposed to be placed across Highway 50. He recommended approval of the request. 98-116 A motion was made by Council Member Cole, seconded by Council Member Brown. and carried unanimously to approve placement to Hickory Point Recreation Facili~_ of a 4' by 40' wide banner on Highway 50 three weeks prior to the the event to celebrate Lake Count. Water Authori~_ 's celebration at Hickory Point on May 25. UNFINISHED BUSINESS Fire Station Site City Manager Saunders stated that the owners have accepted the City's offer of $100,000 for a new site for a fire station on Highway 50 between 44 Street and 54 Street. The site has 100' of frontage on Highway 50 and 100' of frontage on Chestnut Street with a depth of 220'. He recommended City Council's final approval for the purchase of this property with a budget amendment from General Fund Reserves. 98-117 A motion was made by Council Member Wolfe, seconded by Council Member Cole. and carried unanimously to give final approval for the purchase of the fire department site between 4tn Street and 5tn Street on CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 7 Highway. 50for $100.000 and a budget amendment from the General Fund Reserves. NEW BUSINESS Evaluation and Appraisal - Resolution 1000 City Manager Saunders stated that the City is required to submit an Evaluation and Appraisal Report "EAR" to the Department of Community Affairs. This report was previously reviewed by the City Council at a workshop meeting. Planner Brown stated that staff has prepared the Report with assistance from the Regional Planning Council. He introduced Susan Caswell who prepared the housing element and Fred Milch who prepared the transportation element. The Planning and Zoning Commission reviewed the EAR and two public hearings were held (February 3 and 16, 1998), and the Council it at a Workshop held March 5. All of the existing level of service standards for infrastructure and service provision are being met and 92% of the City's objectives were achieved or partially achieved. The report reviews and summarizes the position of the City today as it relates to the goals, policies, and objectives that were adopted with our Comprehensive Plan. Mayor Pool read Resolution 1000 by title only and opened the public hearing. Howard Barry asked if local people were involved. Planner Brown replied that two public meetings were held and encouraged attendance at the Visioning Workshop on April 20. Council Member Wolfe stated several changes have been made to the draft report they reviewed in the Workshop and he had not yet had an opportunity to review the final report. Fred Milch of East Central Florida Regional Planning Council explained constrained facilities as DOT designation for the State road, which is generally a policy constraint, not a physical constraint since it is automatically limited to four lanes. Planner Brown reviewed the other changes that were made as a.result of comments made in the Workshop. Mayor Pool closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 8 98-118 A motion was made by Council Member Wolfe, seconded by Council Member Brown, and carried by roll call vote to table Resolution 1000 until the April 28. 1998 Council meeting. Resolution 999 City Manager Saunders stated that Resolution 1/999 supports Lake County's application for Preservation 2000 land acquisitions for the Rails to Trails program and has been requested by Lake County. He recommended approval. Mayor Pool read Resolution 999 by title only and opened the public hearing. 98-119 A motion was made by Council Member Cole, seconded by Council Member Wolfe. and carried by roll call vote to adopt Resolution #999. Lake County Boat Ramp Grant Agreement City Manager Saunders stated that the County Commission previously approved a grant in the amount of $62,500 for assistance in the construction of the new boat ramp and the agreement provides for the use of the funds. He pointed out an error in number of parking spaces listed on Appendix A which will be corrected. Council Member Wolfe pointed out an error in listing access as 11~ Street. City Manager Saunders noted that this will be corrected to properly identify access from Minneola Avenue. Council Member Wolfe asked if the City can pay the County back the money some time in the future so the City is not required to charge County residents the same fee as City residents. Council Member Brown asked if accepting this money will jeopardize the City acquiring other funds for other projects. City Manager Saunders stated the County has $200,000 budgeted for recreation capital improvements county-wide to cities and funding will be requested from that $200,000 for Lincoln Park Recreation Area. The $62,500 boat ramp grant is from the boating improvement money that is generated through the sale of boat licenses and can only be used for boating improvements and do not affect the $200,000 recreation capital improvement budget. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 1~: 1998 Page 9 Save Our Lakes Committee members Matt Modica and Charlene Forth objected, stating that the City's Grant application inferred that they supported the boat ramp. City Manager Saunders explained that the Save Our Lakes Committee was only listed as one of the organizations that he gave a presentation to and that the Lake County Advisory Committee was very aware that the Save Our Lakes Committee was against the boat ramp. Mayor Pool explained that they could speak to the County Commission when they vote to approve the agreement. Council Member Wolfe stated the boat ramp grant money may reduce the chances of obtaining other County grants. He agreed that the City does need a boat ramp and that it should be moved from its present location, however, it shouldn't be located on the Dole-Citrus property because the property is too valuable. He stated the boat ramp should be built where it was originally planned at West Beach and two additional properties should be purchased which are for sale located between Short Street and Carroll Street so the boat ramp can be accessed by a County Road. Council Member Norquist asked Council Member Wolfe if his opposition to the place- ment of the boat ramp on the Dole-Citrus property has to do with his company filling in lake bottom at West Lake without permits. Council Member Wolfe stated he did not take over the business until 1971 and it was pretty much as it is now. He stated he hasn't filled in any sovereign lands and there are deeds on the property. He stated a thorough investigation was made of all permits required to operate when a portion of the business was sold in 1992, and he didn't lack any permits. Council Member Cole stated that he knows that West Beach is used a great deal for fishing, picnicing and swimming and he wouldn't want to take that away. He felt that the intent is to give more recreation to the public. 98-120 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried three to two with Council Member Wolfe and Council Member Brown voting nay. to approve the Lake CounU CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 10 Agreement as amended for a Boating Improvement Grant in the amount of $62.500 to be used towards a new boat ramp. Council Member Wolfe asked that a letter be sent to the County stating the vote was three to two. Council Member Brown asked about the possibility of charging non-residents. City Manager Saunders stated that the agreement with the County will not allow the City to charge non-resident County residents more than City residents, however, users who reside outside Lake County may be charged a higher fee. Elks Club Agreement City Manager Saunders stated he had been contacted by the Elks Club regarding the Elks parking lot which is adjacent to the municipal parking lot between Montrose Street and Minneola Avenue. The Elks Club apparently is willing to provide the parking lot for municipal use so long as the City agrees to maintain the facility. This proposal is identical to our former agreement, however, they require that it be limited to one year which can be renewed annually. He recommended the elimination of the 60-day cancellation clause. 98-121 A motion was made by Council Member Cole, seconded by Council Member Wolfe. and carried unanimously to approve a one-year parking lot agreement for the parking lot between Montrose Street and Minneola Avenue with the Elks Club. Bid Award City Manager Saunders stated that the sale of the approximate 2.6 acres south of Mohawk Road was advertised for bid and letters were also sent to adjoining property owners notifying them of the availability of the property. Only one bid was received from Jaymark Builders and Developers in the amount of $29,590 and he recommended CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 11 acceptance of the bid. He stated there is an existing septic tank system located on the site that was constructed for temporary septic service until the sewer lines were completed and connected so he recommended not completing the sale until the sewer connection has been made. 98-122 A motion was made by Council Member Norquist, seconded by Council Member Cole. and carried unanimously to accept the bM from Jaymark uilders and Developers in the amount of $29,500 subject to connection to Clermont sewer service and the discontinuing usage of the temporal. sewer system. Property Acquisition City Manager Saunders stated that all but an approximate 25' strip of property has been acquired for the new access to the proposed boat ramp. He met with the owner Marvin Sutton last week who stated he had decided not to cooperate with the City. He stated he is willing to sell all of his property in this location for $50,000 however, if the City wants the small 25' piece it should just proceed with the taking. City Attorney Baird explained that eminent domain proceedings require an appraisal and he recommended obtaining two appraisals. The property owner should be notified of the appraisal and the pending eminent domain proceedings and an attempt to negotiate a price. He a price cannot be negotiated, then a complaint will be filed for eminent domain. Mr. Dick Langley stated that he represented Mr. Sutton and that the question of whether Osceola Street existed in this area will affect the appraisal price because the property will have no access without it. Mayor Pool explained that there will be access from the new proposed road. Mr. Howard Barry protested that the amount to be spent for the new boat ramp is outrageous. Matt Modica asked the total cost of the boat ramp. City Manager Saunders stated that the estimate including land value is approximately $600,000. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 12 98-123 After discussion, a motion was made by Council Member Cole, seconded by Council Member Norquist, and carried four to one with Council Member Wol~fe voting nay to obtain two a_~t~raisals and to proceed with eminent domain proceedings for the 25' of Sutton property. Sludge Disposal Agreement City Manager Saunders stated that Public Service Director Davis received seven quotes for a sludge disposal from our East Sewage Treatment Plant. We recommend approval of Brownie Environmental Services in the amount of .032 per gallon. 98-124 A motion was made by Council Member Cole, seconded by Council Member Brown. and carried unanimously to award the sludge disposal to Brownie Environmental in the amount of. 032 per gallon. 98-125 A motion was made by Council Member Cole, seconded by Council Member Wolfe. and carried unanimously to enter into the sludge disposal agreement with Brownie Environmental Services. Year 2000 City Manager Saunders stated the City has been internally reviewing the Year 2000 potential computer problems. We would like to bring in a consultant to help us assess our current and future computer needs as it relates to the Year 2000 conversion. Finance Director Van Zile has solicited quotes recommends Ron Barbour of Ron Bar Consulting in the amount of $1,600. 98-126 A motion was made by Council Member Wolfe, seconded by Council Member Cole. and carried unanimously to award the Year 2000 computer analysis to Ron Barbour of Ron Bar Consulting in the amount of $1,600. CITY OF CLERMONT MINIYFES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 13 Change Orders City Manager Saunders explained that Change Orders #1 for Gibbs & Register, contractor for the DeSoto Street project is for the addition of three days time and Change Order #2 is for an increase of $2,264 which is for a change in the dissipator at the final outfall which requires an additional manhole and additional piping. He recommended approval of both change orders. 98-127 A motion was made by Council Member Cole, seconded by Council Member Norquist. and carried unanimously to approve Gibbs & Register Change Order #1 for three days time and Change Order #2 for an increase of $2.264for additional manhole and piping for the DeSoto Street project. City Manager Saunders stated that Change Order #2 in the mount of $8,020.72 for Meredith Environmental Systems is for the East Water System modifications pertaining to the Greater well. The Change Order addresses repairs and changes that were not anticipated and were found subsequent to the commencement of the modifications. He recommend approval. 98-128 A motion was made by Council Member Norquist, seconded by Council Member Cole. and carried unanimously to approve Meredith Environmental Systems Change Order #2 in the amount of $8,020.72 for the East Water System modifications. Sunset Village City Manager Saunders stated that Sunset Village is a subdivision located southwest of the intersection of East Jacks Lake Road and North Ridge Blvd are nearing completion of the public improvements and request approval of the final plat. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 14 98-129 ,4 motion was made by. Council Member Norquist, seconded by Council Member Brown. and carried unanimously to approve the Sunset Village final plat. Wellington IH City Manager Saunders stated that Wellington III is an additional community at Kings Ridge located on Kings Ridge Boulevard on the south parcel at the east end of the property. He recommended final plat approval. 98-130 A motion was made by Council Member Cole, seconded by Council Member Wolfe. and carried unanimously to approve Wellington II at Kings Ridge. MAYORAL PROCLAMATION Mayor Pool proclaimed April 22, 1998 to be observed as Earth Day in the City o.f Clermont. He stated that Earth Day has been nationally established to help create awareness of environmental problems facing every community which is the most effective means for alleviation of these serious issues. AUDIENCE COMMENTS Noise Ordinance Requested Mr. George Riley, 1172 Seminole Street asked that a noise ordinance needs to be enforced or adopted particularly in regard to boom boxes or vehicles driving by with loud stereos. The City Manager will investigate the current ordinances and report back to him. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 14, 1998 Page 15 Apology Charlene Forth apologized for her earlier outburst. She urged that Mayor Pool, Council Member Norquist and Council Member Cole get in touch with their constituents to determine the concerns of the majority. Recreation Needs Chuck Forth asked the Council to keep in mind the need for an area about 100' by 150' for children to skate or play hockey. There being no further business or discussion, the meeting adjourned at 10:00 p.m. Robert A. Pool, Mayor Attest: ~City Clerk