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06-14-1988 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 14, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, June 14, 1988 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Dupee, Council Member Cole and Council Member Huff. Other City Officials present were City Manager Saunders, City Attorney Baird, Planning Director McAllister, Finance Director Van Zile and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held May 24, 1988 were approved as presented. REPORTS CITY MANAGER" SAUNDERS' REPORT JAYCEE BEACH PAVILION It was reported that although the City does not reserve the pavilion at Jaycee Beach for use by organizations, a group of ladies from a local church had requested to use the pavilion for a church picnic on June 18, 1988. Music will be played during the picnic. The Council was asked if they had any problems with this request, and it was the consensus of Council that there would be no problem. SEMINOLE PARK SLIDE It was reported that the City wished to purchase a slide for the Seminole Street Park with the money left after purchasing a merry- go-round for the Chestnut Street Park. $2,000 had been budgeted for such purchases. 88-081 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO PURCHASE THE SLIDE FOR THE SEMINOLE PARK. SALE OF CITY OWNED PROPERTY It was reported that the City had been approached by Lawson Wolfe concerning the purchase of the excess property surrounding the High- land Avenue water tower to provide additional parking for his pro- posed project next to the Clock Restaurant. The City owns one-half acre where the water tower stands, and it has been determined that a parcel approximately 40' x 40' is all that needs to be retained by the City. Sale of the remaining property would allow the City to purchase another parcel somewhere else in the City for future use. Council permission to have the property appraised was requested. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 14, 1988 Page -2- 88-082 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO PROCEED WITH OBTAINING AN APPRAISAL OF THE PROPERTY. City Manager Saunders stated that after the appraisal is obtained, the matter would be brought back before Council for further action. PITT STREET It was reported that an area in Pitt Street had been sinking for more than fifteen years due to what was determined to be poor compaction of the soil during the installation of the sewer line. Over the years, the City has added numerous layers of asphalt to correct the problem, but this method of repair has not resolved the problem. For several weeks Public Works Director Smythe has tried to find a contractor willing to do the work on a time and material basis, and Superior Asphalt has offered the best price of $3,750, plus $3.90 per yard for dirt, if needed. 88-083 After a brief discussion of the work to be done and the cost, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT THE BASE PRICE FOR THE WORK FROM SUPERIOR ASPHALT IN THE AMOUNT OF $3,750 PLUS $3.95 PER YARD FOR DIRT, IF NEEDED. NRG MEETINGS City Manager Saunders stated that for several weeks he had been attending meetings concerning the proposed NRG recovery plant to be built in Lake County, and that the Lake County Board of Commis- sioners had signed an agreement with Mr. Gregg to build the plant. However, according to the Board of Commissioners, this decision is not final because the Board must still accept the bond rate and evaluate a required feasibility study before continuing. Mr. Saunders continued by explaining that it was the consensus of all the cities in Lake County not to support this project because the legal, financial and technical consultants to the Board of County Commissioners, as well as, the County Administrator and County Attorney all had advised against it. Although the cities have been unable to obtain concrete facts for comparison, all indications are that any project of this kind which has been tried in other parts of the country has experienced problems. Mr. Saunders concluded by statin~ that a model Resolution opposing the project was being drafted by the Lake County League of Cities and would be placed on the agenda of the June 28, 1988 Council Meeting for consideration. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 14, 1988 Page -3- Along those lines, Mrs. Dupee reported that during her recent trip to Hartford, Connecticut, she was given information about a plant which experienced major problems and a mass burning plant in Bristol, Connecticut which worked. Mrs. Dupee stated that she brought the information back to City Manager Saunders concerning the Bristol facility. City Attorney Baird stated that the City needed concrete facts and information in order to make comparisons in order to determine which method would be the most cost effective and efficient. Also, in light of recent legislation requiring that cities recycle 30% of their gar- bage, enough garbage may not be produced in Lake County to operate the plant if it requires 168,000 tons per year to operate. SPECIAL COUNCIL MEETING City Manager Saunders stated that he would like to hold a Special Council Meeting followed by a Workshop Meeting on Monday, June 20th. The purpose of the Special Meeting would be to to discuss the refinanc- ing of the City's Water and Sewer Bonds through the Gulf Breeze Loan Pool. It was reported that lower discount rates than projected earlier were now being offered and could save the City even more money. The Resolution authorizing the execution of the refunding loan agreement must be signed during the meeting. The Workshop following the meeting will include representatives from the South Lake YMCA and the South Lake Council for the Arts. After a brief discussion, it was the consensus of Council to hold the Special Meeting at 6:00 p.m. on Monday, June 20, 1988 followed by a Workshop Meeting at 7:00 p.m. The meetings will be held in the Council Chambers. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee stated that she had a super time at Clermont Night at Boardwalk and Baseball the previous night, and thanked all who participated. Mrs. Dupee stated that she had attended the Board of Directors Meeting for the Lake County League of Cities and that they were asking the cities to adopt a resolution asking for a moritorium on development along the Wekiva River until such time as the Wekiva River Task Force Study could be evaluated. Mrs. Dupee asked that this resolution be placed on the agenda of the next Council Meeting for discussion. It was reported that the budget for the East Central Florida Regional Planning Council had been cut by the State from 3+ million to 1.5+ million dollars. MAYOR PRO TEM TURVILLE'S REPORT Mayor Pro Tem Turville reported that he had attended the hearing concerning the recent spill by Florida Rock Industries Clermont mine, and that the matter was pulled from the agenda in order e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 14, 1988 Page -4- to change the consent order, which was viewed as a positive action by those present. Representatives from Florida Rock Industries, the St. Johns River Water Management District, Lake County Pollution Control, the DER and the City of Tavares were in attendance. CARROL FENDER - RETIREMENT Mayor Pool and Public Works Director, Bob Smythe, presented Mr. Carrol Fender with an engraved watch for nineteen years of employ- ment with the City. The Council Members and others present wished Mr. Fender well in his retirement. PARKS AND RECREATION COMMISSION Nilsa Whitehead, Chairperson of the Parks and Recreation Commission, asked everyone to go look at Azalea Park since the second planting of azaleas was now completed. Mrs. Whitehead stated that more irrigation was needed due to the increased number of plants, and that Mr. Carlisle would be donating more azaleas for the park in the near future. MAYOR POOL'S REPORT Mayor Pool stated that he would like the "No Smoking" sign at the front of the Council Chambers removed and replaced by the city seal. City Manager Saunders stated that he would investigate having one made. VISITORS WITH BUSINESS FRED SOMMER Mr. Sommer was not present and an update on the upcoming triathlons for our area was not given. RESOLUTION #584 - FIRST BAPTIST CHURCH CONDITIONAL USE PERMIT REQUEST Roy Caldwell, representing the First Baptist Church, appeared before Council to request a Conditional Use Permit to establish a shelter home at the old Gables House located at the southeast corner of Fifth Street and Minneola Avenue. Mr. Caldwell reported that the home would be run by the Church under the direction of HRS and would house between five and ten children under the age of 18 who come from abused or neglected situations. To begin with, five children will be housed in the building and if things work out, the number will be increased to ten. Mayor Pool called for comments from those present and no one spoke if favor of or in opposition to the request. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 14, 1988 Page -5- It was reported that the Planning and Zoning Commission at their meeting held June 6, 1988, recommended approval of the request with the conditions as stated in Resolution #584. Under Council discuss of the request, Council Member Turville asked if only children would be housed at the shelter. Mr. Caldwell stated that they had thought about taking in abused spouses, but for the present only the first floor of the building will be utilized and that will be occupied by children and the shelter parents. City Attorney Baird stated that a change needed to be made in the wording of the title to include "InAsMuch, Inc." after the word allow, and to include "InAsMuch, Inc. to" after the word allow in Section One of the Resolution. 88-084 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #584 AS AMENDED GRANTING A CONDITIONAL USE PERMIT TO INASMUCH, INC. TO OPERATE A SHELTER HOME IN AN R-3 RESIDENTIAL/PROFESSIONAL DISTRICT. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #583 - ROSE FORMATO CONDITIONAL USE PERMIT REQUEST Rick McCoy, representing Mrs. Rose Formato, appeared before Council to request a Conditional Use Permit to construct a triplex in an R-2 area on a parcel located at the northeast corner of Minnehaha Avenue and Bowman Street. It was pointed out that under the present Zoning Ordinance multi-family construction is allowed only as a conditional use in R-2 areas. Under the previous Zoning Ordinance five units would have been allowed on the property, but because the property is now zoned R-2, it has a lower density. However, property surrounding the parcel in question has been developed with one single family home, two duplexes, and a sixplex. Mayor Pool stated that the City had received three letters from concerned citizens who live in the area and are opposed to the request. They are Mr. Robert Epps who lives at 381 Minnehaha Avenue, Marjorie Morris of 301 East Minnehaha and George Burdine who lives at 1460 Bowman Street. Mayor Pool called for comments from those present, and no one spoke for or against the proposed request. Under Council dicussion of the request, it was determined that a triplex would not be out of character with the neighborhood. Mayor Pro Tem Turville stated that he would like to make a comment concerning the definition of a Conditional Use Permit, which in part states "granting a special exemption", and that it appeared to him that the language of the definition should be changed because, as in this case, the Council is not granting a special exemption for the area. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 14, 1988 Page -6- City Attorney Baird concurred with Mr. Turville and stated that he would look at the language in the ordinance to see if it should be changed. 88-085 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION #583 GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A TRIPLEX AT THE NORTHEAST CORNER OF MINNEHAHA AVENUE AND BOWMAN STREET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. ROBERT N. ROBERTS - VARIANCE REQUEST City Manager Saunders reported that Mr. Roberts had withdrawn his request for the variance. NEW BUSINESS INTRODUCTION OF ORDINANCE 192-M It was explained that this ordinance would annex property described as Tracts 55-A and 55-B, Lake Highlands Company Subdivision. The property is located east of Highway 27, south of and adjacent to the current city limits. 88-086 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 192-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. BID AWARDS SEWAGE TREATMENT PLANT DOOR REPLACEMENTS It was explained by City Manager Saunders that the City had budgeted $1,950 for the replacement of two double doors and one single door on the old part of the sewage treatment plant. The following bids were received: Romac Lumber and Supply Contract Doors, Inc. $2,442 $1,900 It was recommended that the City award the bid to the low bidder, Contract Doors, Inc., in the amount of $1,900. 88-087 After a brief discussion of the type of doors to be replaced, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO AWARD THE BID TO CONTRACT DOORS, INC., IN THE AMOUNT OF $1,900 FOR THE REPLACEMENT OF TWO DOUBLE DOORS AND FRAMES AND ONE SINGLE DOOR AND FRAME. PAYMENT WILL COME FROM MONEY ALREADY BUDGETED FOR THIS PROJECT. e e CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING June 14, 1988 Page -7- JAYCEE BEACH SEAWALL It was reported that the project had originally been bid approximately two months ago and only one bid in the amount of $12,135 was received from Greg Thomas Building Contractor. Because of this the project was rebid and the following two bids were received: Greg Thomas Building Contractor GIT Marine $12,135 $24,900 Mr. Saunders further explained that the present specifications, which were bid, require a corrugated metal sheeting wall with a poured con- crete cap. This type of seawall will last longer than a wooden structure. $6,500 was budgeted for this project based upon an estimate given almost two years ago for a wooden seawall. Public Works Director Smythe, who was present in the audience, commented that about two years ago, westerly winds coming across Lake Minneola and high water had caused severe erosion problems by the pavilion. Inspite of the problem, it has taken the City City almost two years to get the required State Permits for the project. In the interim, the City placed rocks and a power pole along the shoreline to curtail the erosion, and this has helped, but the lake level is low again. If the water level rises and the State experiences torrential rains, the erosion will reoccur. It was recommended that the City award the bid to the low bidder, Greg Thomas Building Contractor, in the amount of $12,135 with the additional $5,635 being appropriated from General Fund Reserves. 88-088 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, AND SECONDED BY COUNCIL MEMBER DUPEE TO AWARD THE BID TO THE LOW BIDDER, GREG THOMAS BUILD- ING CONTRACTOR, IN THE AMOUNT OF $12,135. Much discussion followed this motion concerning stopping the erosion by restoring the beach area to it original state. It was suggested that fill be placed in the eroded area, that the maiden cane be re- planted, and that signs banning boats in the area of the replanted cane be placed in the water. Mr. Smythe stated that putting fill in the water would not be permitted by the DER and that he doubted if the placement of the signs in the water would be allowed either. It was also suggested that the seawall be built out of something other than corregated metal with a concrete cap or that some material such as Tri-10c be used in place of the seawall. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 14, 1988 Page -8- It was also discussed if the present metal pavilion was worth saving due to the severe rusting problem, and what it would cost to construct a wooden pavilion after the erosion problem was solved. After devoting considerable discussion to the entire Jaycee Beach area, it was determined that other possibilities for the prevention of erosion or restoration to the original state should be considered. At this time, Council Member Dupee withdrew her second and Council Member Huff withdrew his motion for awarding the bid. 88-089 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER INDEFINITELY. PUBLIC COMMENTS Nilsa Whitehead asked if it was possible to have a sidewalk installed on a vacant field by Woodcliff Apartments on Highland Avenue because so many elderly people who live in the complex have to walk either in the street or through the field to get to the nearby shopping center. Some discussion occurred concerning whether the City could ask a landowner to install a sidewalk on an undeveloped piece of property. City Attorney Baird offered the opinion that he believed it would be unfair to the property owner to make such a request, but that he would research the legality of making such a request where it was really needed. Mrs. Whitehead also asked if "No Parking" signs could be placed on the east side of the boat ramp because vehicles parking there were causing a traffic problem. City Manager Saunders stated he would investigate this matter. There being no further business at 9:05 p.m. or discussion, the meeting adjourned ~t2~ Ro ert A. Yoo , Mayor Attest: