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07-08-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 8, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 8, 1997 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 Sargent, and Council Member Norquist. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Whitlock. 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 June 24, 1997 and Workshop meetings held January 21, February 4, February 18, and March 18, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Storm Water Abatement City Manager Saunders stated that three quotes for additional storm water abatement associated with the Bell property and changes made with the East Avenue project had been received, as follows: Southland Construction Lem Bryant Ricks Construction $ 3,354.00 $ 6,900.00 $17,000.00 City Manager Saunders recommended awarding the bid to Southland Construction in the amount of $3,354 which can be done with a change order. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 8, 1997 Page 2 97-126 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to award the additional storm water abatement to Southland Construction for $3,354. O0 in the form of a change order. Workshop Meetings Council Members agreed to hold Budget Workshops in the City Hall conference room at 6:00 p.m. on July 17, July 24, and July 28. MAYORAL PROCLAMATION - For City Election Mayor Pool read the .Mayoral Proclamation declaring that a general election will be held on November 4, 1997 to elect City Council Members Group II, IV. A primary election will be held September 30, 1997 in the event there are more than two candidates who qualify for any one of these seats. VISITORS WITH BUSINESS Save Our Lakes Committee Elaine Renick stated she was speaking on behalf of the Save Our Lakes Committee. She stated the Committee will be turning in petitions opposing the proposed marina after July 21. The committee was very relieved that the developer of the marina withdrew his application and glad to see that Mayor Pool was quoted in the newspaper that the Council will look to develop the waterfront property east of 1 lth Street in a way that will please everyone. She asked that the City Council go on record to oppose the construction of a marina in the future by anyone and direct the staff to cease the promotion and further negotiations for a marina. She also asked that the City withdraw its application to the St. Johns Water Management Authority for a permit to build a boat ramp at the newly acquired Dole-Citrus property. She stated the recommendations of the Charrette was to locate the ramp west of West Beach. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 8, 1997 Page 3 Mayor Pool stated that the Council will not be able to vote on the issues as they were not on the Council Agenda. City Manager Saunders asked to meet with the Save Our Lakes Committee so he could present information including environmental concerns regarding relocating the boat ramp and to get their ideas regarding what could be done with the old City garage property. Elaine Renick will inform him of a proposed meeting time. Joe Zagame Agreement City Manager Saunders presented the proposed agreement for the extension of a sewer main from Clermont Commons to Lift Station E-1. Clermont Commons development is currently served by a temporary septic tank system, however, sewer is available to the site and Mr. Zagame is proposing to extend the sewer line to make the necessary connection to lift station E-1 on North Ridge Blvd. The initial plan was for Clermont Commons to connect to the sewer line to be installed by the North Ridge subdivision that would terminate at the North Ridge north property line, however, this phase of the North Ridge subdivision has not been started. City Manager Saunders stated that this agreement will provide for the construction of the sewer line by Mr. Zagame. The proposed agreement provides that Mr. Zagame would be reimbursed for this section of line through the North Ridge subdivision as those lots develop. However, Mr. Zagame has requested that this be amended to instead provide sewer impact fee credits, stating that the unknown length of time before this area will be developed creates an unfair burden. City Manager Saunders recommended approval of the agreement with Item 5 amended to state that sewer impact fee credits (in an amount to be agreed upon when Mr. Zagame's engineer provides additional information) would be provided rather than reimbursement as the North Ridge lots develop. City Manager Saunders stated that agreement should not be executed by the City until the amount is approved. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 8, 1997 Page 4 97-127 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the agreement for extension of sewer main from Clermont Commons to Lift Station E-I, amending//5 to state that impact fee credits for an amount to be agreed upon before signing of the agreement would be provided as reimbursement to Joe Zagame. UNFINISHED BUSINESS 97-128 South Lake Presbyterian Church - Resolution No. 954 City Manager Saunders stated that the applicants requested this item be tabled at the June 24 meeting. They are requesting an 2100 square foot addition to their church property located at 131 Chestnut Street. Mayor Pool read Resolution No. 954 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 must be sworn in. City Clerk Van Zile swore in Rick McCoy, 713 W. Montrose Street, Clermont. City Manager Saunders stated that details had been worked out regarding the landscaping requirements along Linden Street and he recommended approval. Pool closed the public hearing. Mayor A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution 954. NEW BUSINESS Agreement - Occupational Health Care, Inc. City Manager Saunders stated that the City's drug free work place and wellness program was originally adopted by the City in 1991. Some changes have been made over the years, but a .complete review of the entire program has not been done since it CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 8, 1997 Page 5 97-129 97-130 was adopted. Occupational Health Care, Inc. has been recommended by the League of Cities and will provide the work as outlined in their letter for a total of $750. A motion was made bY Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to approve Occupational Health Care, Inc. to do a review o_f the drug free work place and wellness program for $750. Utilities, Inc. vs. Clermont City Manager Saunders stated that a lawsuit has been filed by Utilities, Inc. against the City of Clermont with regards to the provision of water services to that area within the City limits lying west of Highway 27, south of Highway 50, specifically, the area to be developed by Lennar Homes. The area is in their franchise area awarded by the Public Service Commission a few years ago, however, it is in the City limits of Clermont and the City's Chapter 180 adopted service area. City Attorney Baird recommended that Mr. Jake Varn with the firm of Steel, Hector and Davis be hired to represent the City on this matter. This firm has already done the research and is prepared to handle the lawsuit. A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to hire Mr. Jake Varn of Steel, Hector and Davis in regard to the Utilities, Inc. vs. Ci~_ of Clermont lawsuit. Change Order - Marion Dunn Change Order #10 City Manager Saunders stated that this is the contract for extension of sewer lines in the Hancock Road area. Marlon Dunn filed bankruptcy and other contractors were hired to complete the work. The contract is ready to close out at this time and this change order is for a decrease in the amount of $2,558.38 which is the additional CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 8, 1997 Page 6 engineering and administrative expenses incurred for completion. He recommended approval of the change order and f'mal pay. 97-131 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve Change Order glO to Marlon Dunn for a decrease $2,558.38 and final payment. Sunshine Building Change Order gl City Manager Saunders stated that Sunshine Building was the contractor for four of the East Side lift stations. He recommended approval of this Change Order in the amount of $1,000 which is for additional cores required for the wet wells at lift stations E-2 and E-3. 97-132 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to approve Change Order gl to Sunshine BuiMing in the amount of $1,000. DeWitt Excavating Change Orders gl and g2 City Manager Saunders stated he recommended approval of Change Order #1 to DeWitt Excavating which is an extension of 24 days to the contract time for East Side waste water lines. The Notice to Proceed for this project was withheld for this length of time until all easements and permits were in hand. He also recommended Change Order g2 for approval which is a decrease in the contract amount of $81,238.83. $2,004.60 is for the deletion of materials that were not required and $79,234.23 is for materials that were directly purchased by the City in order to avoid sales tax. 97-133 A motion was made bY Council Member Cole, seconded by Coun, cil Member Norquist, and carried unanimously to approve Change Order #1 for an extension of 24 days to DeWitt Excavating and Change Order #2 for a decrease of $81,238.83. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 8, 1997 Page 7 There being no further business or discussion, the meeting adjourned at 7:55 p.m. Attest: Robert A. Pool, Mayor