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02-11-1997 Regular Meeting CIT~ OF CLERMONT REGULAR COUNCIL ME~TING FEBRUARY 11, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 11, 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. The minutes of the Regular Council Meeting held January 28, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Council Members agreed to hold a Workshop on Tuesday, February 18 at 5:30 p.m. at City Hall. DOT ISTEA RAILS TO TRAH,S GRANT City Manager Saunders stated that at the Council's direction, he contacted the Department of Transportation, and then wrote Nancy Huston, District Secretary regarding the $46,652 which DOT requested above the $59,145 estimated as the City's share of construction costs. He reported that Miss Huston responded that DOT will not require any additional funds from either Clermont or Minneola and the construction schedule will remain the same as earlier stated. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 11, 1997 Page 2 COUNCIL MEMBER DUPEE'$ REPORT Council Member Dupee congratulated Mayor Pool for being named South Lake Citizen of the Year. She stated that the South Lake Chamber of Commerce has a Construction Guide available and there will be an Ambassador's Breakfast on February 21 at Jenkins Auditorium at 7:30 a.m. sponsored by Ogden Martin. VISITORS WITH BUSINESS Lionel Barfield - Property Exchange Mr. Barfield is requesting the right-of-way line in front of his home located at 480 E. Lake Shore Drive be adjusted to provide him with additional front yard area. The lot line per plat is noted on the survey which is approximately 40' from the edge of the pavement at the southwest corner of his property and approximately 72' from the pavement at the southeast corner of his property. City Manager Saunders stated Mr. Hovis, representing Mr. Barfield, City Attorney Baird and he have reached a possible agreement. A legal description should be prepared that starts with the southeast property corner of the lot to the west and extend a line for a consistent amount of footage from the edge of the pavement across the entire frontage. This would give Mr. Barfield an additional 10' (approximately) in width at the western end of his property and an additional 42' (approximately) at the east end of his property and would provide an equal amount of right-of-way along the entire frontage of Mr. Barfield's property. In order to accomplish this adjustment, the City would provide a deed to Mr. Barfield for that property lying between his south lot line per the plat and the line labeled as "A" on the survey. Mr. Barfield in return would provide a deed to the City for that property lying between the north edge of the pavement and line "A". This exchange of deeds would eliminate any conflicting claims on these properties in the future. Mr. Hovis and Mr. Barfield agreed that this proposal was agreeable. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 11, 1997 Page 3 97-031 A motion was made by Council Member Dtwee. seconded by_ Council Member Cole. and carried unanimously_ to ~_prove a tranOfer of deeds with Mr. Lionel Ba_rfield giving Mr. Ba_rfield an additional 10' at the western extge and an addit~orto, l 42' at the east end o_f his pro_verly and Mr. Ba_rfieM will t~rovide a deed to the Ci~_ _for pro_t~erty lying between the north edge of the pavement and line mA ~. Brian MacKellar - Variance Requests City Manager Saunders stated that the applicant is requesting three variances for property located southwest of the corner of Hook Street and Lake Shore Drive: 1) Front yard setback of 25' were 35' is required, 2) 88' wide lot where 100' is required at the setback line, and 3) 9,314 square feet where 10,000 square feet is required. Mayor Pool 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. Mr. James Beck, 747 Crescent Pines Blvd. was sworn in by City Clerk Van Zile. Mr. Beck stated he was present on behalf of Brian and Kim MacKellar who had a son borne to them today. He stated the MacKellars were in the process of having plans drawn up for a single-family home. City Manager Saunders stated the Council had granted the same variances for this property in the past. The property is located in an R-1-A zone, however, all of the other houses located south of this lot are in the R-1 District which requires a 75' wide lot, 25' front setback, and lot size of 7,500 sq. feet. The variances were granted to Cynthia Wagoner in December of 1993 and renewed in 1994 and 1996. It became void this month since construction had not started in one year. Staff recommends approval of the request. 97-032 A motion was made by_ Council Member Dupee. seconded by Council Member Cole. and carried unanimous~_ to grant the 25' setback. 88' wide lot at setback line and 9.314 square feet variances for the lot southwest of the Hook Street and Lake Shore Drive intersection. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 11, 1997 Page 4 CFT Sommer Sports - 1997 Triath!on Schedule, Fees and Capital Improvements Fred Sommers of CFT Sommer Sports thanked the City for the past year's support of the 13th annual Great Floridian Triathlon and presented a plaque in appreciation. He asked for approval of the 1997 events schedule with and agreement of a parking fee of $250 per event with the exception of the Great Floridian Triathlon weekend, which will be waived. 97-033 A motion was made by Council Member Cole. seconded by Council Member D~_ ee. and carried unanimously_ to approve the 1997 Triathlon events schedule. 97-034 A motion was made by_ Council Member D~_ee. seconded by Council Member Cole. and carried unanimously approve a parking fee o_f $250 per event with the exception o_f the Great Floridan Triathlon weekend. which will be waived. On behalf of the Clermont Downtown Partnership and South Lake Chamber of Commerce, he requested that the City purchase and install banner holders on S.R. 50 from East Avenue to West Avenue. City Manager Saunders stated he contacted a supplier and was quoted approximately $1,500 for the brackets. He stated he will still need permission from Florida Power to attach the brackets. He also hoped that Florida Power will help to install the brackets. Council Members discussed the need for a policy regarding what the banner holders can be used for. 97-035 A motion was made bv Council Member Cole. seconded by_ Council Member Nor_~st. and carried unanimously to ap_prove in the ap_proximate amount of $1.5OO for the purchase of banner brackets to install on 24 power poles on S.R. 50 from East Avenue to West Avcttu¢. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 11, 1997 Page 5 Mr. Sommers asked that sod be purchased to sod the public use area of Clermont Waterfront Park, south of the trail from 4th Street east to the parking lot. He stated he could organize volunteers to lay the sod if it was delivered on a Friday. 97-036 After considerable discussion, a motion was made by_ Council Member Nor_auist. seconded by_ Council Member Cole. and carried four to one, with Council Member Sa~ent voting nay.. to approve the purchase o_f sod for the public use area of the Clermont Wate_rfrortt Park. Council Member Sargent stated he voted nay because he felt the City should be responsible for the entire project and depending on volunteers to lay the sod within the short period of time that is required may be disasterous. UNFINISHED BUSINESS Clermont Commons - Interim Sewage Treatment Facility Cost Agreement City Manager Saunders stated that in addition to the $10,000 of sewer impact fee credits granted to Mr. Zagame for his costs incurred associated with the construction of a temporary sewage treatment system, that he is proposing an additional $5,500 payment be made to Mr. Zagame. Mr. Zagame has documented that he expended approximately $35,000 for the construction of the temporary system. City Manager Saunders explained that Mr. Zagame will be required to extend his sewer line and connect to the City's system at North Ridge Boulevard when the system is available in that area. Following that connection, Mr. Zagame will remove the temporary system and restore the property to its original condition. He will also retain salvage rights to the equipment when it has been removed. 97-037 A motion was made by_ Council Member Dupee. seconded by Council Member Cole. and carried_four to one. with Council Member Norquist voting nay_. to ~_prove payment of $5.500 in addition to $10.000 of CITY OF CLERMONT MINIYlF, S REGULAR COUNCIL MEETING FEBRUARY 11, 1997 Page 6 sewer impact fee credits to Mr. Zagame for costs of a temporary_ sewage treatment ~_ stem. Ken Norquist - Resolution No. 927 City Manager Saunders stated that Mr. Norquist has indicated that his engineer is revising the final site plan it is not available to tonight's meeting. Therefore, he requested tabling the matter until the March 11 meeting. 97-038 A motion was made by_ Council Member Cole. seconded by Council Member D~_ ee. and carried unanimously, with Council Member Nor_~st abstaining, to table Resolution No. 927 to the March 11. 1997 regular Council Meeting. NEW BUSINESS Bid Award - Turf Maintenance Equipment City Manager Saunders stated that two tractors and mowers were budgeted for our Parks and Sewer Departments. A low bid for both pieces of equipment is from Fields Equipment. Bid #1 received a low bid of $17,813 which was budgeted for $17,195. Bid #2 received a low bid of $15,080.52 with our budget being $14,500. The equipment will be u~ both in the Parks Department and in the Sewer Department for maintaining large areas such as our new percolation ponds in the new sewage treatment facility. He requested approval of the low bids. 97-039 A motion was made by Council Member Duvee. seconded by. Council Member Cole. and carried unanimously to ap_prove the bids_from Fields Equ(vment for $17.813 for a 4x4 tractor with mid-mower and tiller and $15.080.52for a 2WD tractor with mM-mower. CITY OF CLERMONT MINIYrES REGULAR COUNCIL MEETING FEBRUARY 11, 1997 Page ? Budget Amendment - Chlorine Storage Modifications City Manager Saunders stated that Public Service Director Davis has proposed a modification to our chlorine storage. Recent changes in the Division Safety rules require extensive safety management programs for any facility that maintains more than 1,500 lbs. on one site. Mr. Davis proposes to separate the chlorine to keep under the 1,500 lb. criteria. The estimated cost of the modifications is $6,600. We request a budget amendment for that amount. 97-040 A motion was made by_ Council Member Sargent. seconded by Council Member Norquist. and carried unanimous~_ to approve the chlorine storae_ e modification for ~_ proximately $6.600. Change Order g2 - S.R. 50 Water Main City Manager Saunders stated that additional testing was required because of malfunctioning equipment that was installed. Change Order #2 for CenState Contractors decreases the contract by $90 for the lab charges which the contractor should pay. 97-041 A motion was made by Council Member Cole. seconded by_ Council Member Sargent. and carried unanimously to approve Change Order #2 to CenState Contractors. Inc. City Manager - Contract Renewal City Manager Saunders stated his current employment contract will expire in May of this year. The contract calls for re-negotiation up to one year prior to the expiration date. He requested the Council's consideration of a renewal of the contract with the only modifications being to reflect his current salary and the term of the new contract being a five-year period as opposed to a three-year period under the old contract. He stated he is committed to Clermont and hopes to be in Clermont for a long time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 11, 1997 Page 8 97-042 A motion was made bv Council Member Sargent. seconded by. Council Member Cole. and carried unanimous~_ to approve the employment contract for Ci~. Manager Saunders for a five-year period. There being no further business or discussion, the meeting adjourned at 8:28 p.m. Attest: FORM 8B MIF. ORANDUM' OF VOTI ; CONFLICT FOR COUNTY, MUNICRIAL, AND OTHER LOG'KL PUBLIC OFFICERS LAST NAMI:--FIRST NAME--MIDDLE NAME .Norquist, Ken ' IAILING ADDRESS CITY COUNTY DATE ON WHI('H VOTE OCCURRED NAME OF BOARD. COUNCIL, COMMISSION. AUTHoRITy, OR COMMITTEE Clermont Cit~ Council Member THE ROARD, COUNCIt., COMMISSION, AUTHORITY, OR COMMITTEE ON ~W~I,]H I SERVE IS A UNIT OF: :, CITY !: COUNTY i '. OTHER ~AL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ' ' ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, il 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 thc instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES eELECTED 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 (olher than a government agency) by whom he is retained. A person holding an appointive local 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. {I IlJl~.l ~1~, III.R6 PAbI~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR 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 minutes of the meeting, who should incorporate the form in the minutes. (a) A measure came or will come before my agency which (check one) '~inured to my special private gain; or ~ inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: DISCLOSURE OF STATE OFFICER'S INTEREST , hereby disclose that on ~//I/ , by whom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §i12.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. 'E FORM RB - Id-R6