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05-13-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 13, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 13, 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 Dupee, Council Member Sargent, Council Member Norquist and Council Member Cole. 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 April 22, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Council Members agreed to hold a Workshop on Wednesday, May 21 at 5:30 p.m. at the Council Chambers. League of Cities Sponsor's Night City Manager Saunders reminded Council Members of the League of Cities Sponsor's Night on Wednesday, May 28 at Silver Lake. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 13, 1997 Page 2 Change Order for Hewitt Construction on Jacks Lake Road City Manager Saunders stated that Hewitt Construction, Lake County contractor for the Jacks Lake Road project, installed additional water and sewer lines for the City to serve a new development. The change order totals $136,344.63, of which the developer has already paid his share. 97-080 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the Hewitt Construction Change Order totaling $136,344.63. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported that Lake County and a group of citizens are effecting a Visioning Process entitled Lake County Tomorrow. She encouraged citizens to attend one of 55 meetings in various locations in Lake County. MAYOR POOL'S REPORT Mayor Pool congratulated the Boys Baseball Team and Girls Softball Team who will be going to the State Tournament in Pensacola. VISITORS WITH BUSINESS United Methodist Youth Group City Manager Saunders stated that Randy Partain, director of the youth for the First United Methodist Church has requested that Broome Street be closed between 7th and 8th Streets on Saturday, June 7 between 7:00 p.m. and 11:00 p.m. for a summer kick- off event which would include a street dance with live entertainment and other activities. All youth in Clermont area will be invited to the free event. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 13, 1997 Page 3 City Manager Saunders stated that the Methodist Church owns all the property on both sides of the street so the closing would not affect any other property owners. He recommended approval of the street closing request and street dance. 97-081 A motion was made bY Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve the closing of Broome Street between 7th and 8th Streets on Saturday, June 7 between 7:00 p.m. and 11:00 p.m. for a street dance bY the United Methodist Youth. New Life Presbyterian Church City Manager Saunders stated that Don Mountain, Pastor of the New Life Presbyterian Church is requesting the use of the new Waterfront Park pavilion for Saturday evening, May 31. They propose to offer a free concert that will be open to the public. The concert would begin at approximately 7:30 and last until 9:00 p.m. He recommended approval of the request. 97-082 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to approve the use of the Waterfront Park pavilion on May_ 31 from 7.'30 to 9:00 p.m. _for a free concert bY the New L(fe Presbyterian Church. UNFINISHED BUSINESS Final Reading of Ordinance 324-M City Manager Saunders stated that Ordinance 324-M will rezone the former Dole- Citrus property and the adjacent City-owned property that was previously used as the City garage from C-1 Light Industrial and R-3 Residential/Professional to Central Business District. Mayor Pool read Ordinance 324-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 must be sworn in. No one asked to be sworn in. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 13, 1997 Page 4 City Manager Saunders stated that although the legal advertising of the ordinance stated tonight's meeting, it was incorrectly announced at the Planning and Zoning Commission meeting that the hearing would be held on May 27. Therefore, the final adoption should be postponed until the May 27, 1997 regular Council meeting. 97-083 A motion was made bY Council Member Sargent, seconded by Council Member Cole, and carried unanimously, with Council Member Norquist abstaining, to table the adoption of Ordinance 324-M until the May 27, 1997 Council Meeting. Final Reading of Ordinance 325-M City Manager Saunders stated that Ordinance 325-M will close the southern end of Lakeview Drive. The request is being made by the owners of the property that border the south 64' on the east, west and south sides of the portion to be closed. Mayor Pool read Ordinance 325-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 must be sworn in. City Clerk Van Zile swore in the following: Micah Savelle Gail Bohanan 1370 Sarno Rd., Suite A,Melbourne, FL 400 E. Colonial Dr.,//1102, Orlando City Manager Saunders stated that the City Council recently approved a Conditional Use Permit for a portion of the petitioner's property that lies southeast of Lakeview Drive, however, it appears that their site plan will be amended which will require an amended Conditional Use Permit. He recommended tabling the closing of this portion of the street until the staff has had an opportunity to review and make recommendations on the new site plan for the adjacent property. Micah Savelle stated they received approval for S.R. 50 right-in/right-out yesterday and they are ready to finalize the footprint. If the street was vacated, then the site could be enhanced. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 13, 1997 Page 5 97-084 After considerable discussion, a motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously to table Ordinance No. 325-M. Lake County Interlocal Agreement City Manager Saunders stated that the City Council previously approved the low bid for paving of some of our City streets as a portion of the County's resurfacing project and the proposed interlocal agreement between Lake County and the City concerns this project. He recommended approval of the interlocal agreement. 97-085 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to approve the interlocal agreement with Lake Count_ for the street paving project. NEW BUSINESS Introduction of Ordinance 326-M City Manager Saunders stated that Ordinance 326-M will introduce the annexation of approximately 80 acres which abuts the eastern boundary of the City owned property and is the location of our East sewage treatment plant and Hancock well. Mayor Pool read Ordinance 326-M by title only and stated that the public hearing will be held on May 27, 1997. 97-086 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to introduce Ordinance 326-M. Introduction of Ordinance 327-M City Manager Saunders stated this ordinance will introduce the rezoning of the 80 acres to be annexed by Ordinance 326-M from UE Urban Estate to R-1 Urban Residential. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 13, 1997 Page 6 Mayor Pool read Ordinance 326-M by title only and stated that the public hearing will be held on May 27, 1997. 97-087 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to introduce Ordinance 327-M. Contract Closeout - Wagner Construction City Manager Saunders stated that the closeout of the contract for the Waterfront Park restrooms includes liquidated damages for the number of days Wagner Construction was late in completing the project. There were several problems for which Wagner Construction should be granted additional time which have been itemized by Strollo Architects. Strollo is recommending awarding an additional 72 days to the contract time leaving 69 days to be resolved. At the initial meeting with Wagner Construction, Mr. Wagner indicated that the amount of time allotted in the contract was extremely short and could be a problem. We agreed to work with Mr. Wagner as long as they provided continuing effort for the completion of the project. There were several days that no one was on the site and several weeks in which there were only two workers along with the job foreman which was not a good effort for completing the project. Substantial completion was not complete until 141 days after the scheduled completion date. City Manager Saunders recommended awarding an additional 45 days due to the complexity of the job and the initial short period of 90 days for completion which would leave 24 days of liquidated damages at $250 per day. The total reduction of contract price would be $6,000. He requested approval of a change order granting a total of 117 days which is the 72 days recommended by Strollo Architects and the 45 days. 97-088 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to approve a closeout contract with Wagner Construction granting a total of 117 days. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 13, 1997 Page 7 Bid Award - Greater Hills Pump Modifications City Manager Saunders stated that the City purchased the Greater Hills water system approximately three years ago. Modifications are necessary for converting the old hydro pneumatic tank system to work properly with the new elevated tank. Bids were received from Meredith Environmental for $168,717.00 and Bruce McGonigal, Inc. for $208,352.53. He recommended the low bid from Meredith Environmental. 97-089 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to award the Greater Hills pump modification bid to Meredith Environmental for $168, 717. Bid Award - Mowing Contract City Manager Saunders stated that $36,000 was budgeted in the storm water fund for the mowing of our water retention areas. With the increased development in the City, it is more cost effective to contract this work rather than perform it with City crews. The following bids were received: Cajun Custom Care Florida's Touch Grass Masters $ 9,150.00 $18,989.70 $30,000.00 City Manager Saunders recommended awarding the bid to Cajun Custom Care in the amount of $9,150. 97-090 A motion was made by Council Member Norquist, seconded by Council Member Dupee, and carried unanimously to award the Mowing Contract to Cajun Custom Care for $9,150. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 13, 1997 Page 8 RESOLUTION 950 City Manager Saunders stated that Resolution No. 950 is for introduction only, with the public hearing to be held May 27. The resolution will create a Community Redevelopment Agency for the downtown area. Mayor Pool read Resolution No. 950 by title only. 97-091 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to introduce Resolution No. 950. There being no further business or discussion, the meeting adjourned at 8:32 p.m. Attest: FORM 8B MEmORANDUM'OF VOTll CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL' *PUBLIC OFFICERS ~orquist, Ken · .. , Clermont. City coUncil MAIL INt.; ADDRESS CITY COUNTY DATE ON WHIt'H VOTE ()Ct.'URRED THI~ B()ARI). COUNCIl., COMMISSION, AUTHORITY, OR COMMITTEE ON 1 SERVE IS A UNIT OF: ! .'- COUNTY I ! OTHER Lf)C'AL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ', ~'LECTIVE..-~E APPOINTIVE WHO MUST FILE FORM 8B This form is for use by a. ny person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive Iocal'office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the 'form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MA'KE N0 A'ITEMPT TO 1' h~. DECISION EXCEPT BY VOTE AT THE MEETING: · You'should disclose orally the nature of your conflict in the measure before participating. · You should complete the Form and file it within 15 days after the vote occurs with the person responsible For recording the of the meeting, who should incorporate the Form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, ~'~ ~ '7~ 0 r'?yt..L / -q '(-' , hereby disclose that on ~--//_~ ! (a) A measure came or will come before my agency which' (check one) , //inured lo my specia} privale gain; or , inured to the special gain of (b)' The measure before my agency and the nalure oF my inleresl in the measure is as Follows: , by whom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §!12.317 (1985), A FAILURE TO MAKE ANY REQUIRED~ DISCLOSURE CONSTITUTES GROUNDS FOR ANI~ MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:n{ IMPEACHMENT, REMOVAL OR SUSPEI~SION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM RB - 10-R6