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06-23-1987 Regular Meeting e . REGULAR COUNCIL MEETING June 23, 1987 A Regular Meeting of the Clermont City Council was held Tuesday, June 23, 1987, in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Huff, Council Member Dupee and Mayor Pro Tem Turville. Council Member Cole was absent. Other City Officials present were City Manager Saunders, City Attorney Baird, 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 June 9, 1987 Council Meeting were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT LAKE COUNTY WATER AUTHORITY It was reported that the Lake County Water Authority would meet on Wednesday, June 24, 1987, at 5:30 p.m. at their office in Tavares. SALES TAX Mr. Saunders stated that effective July 1, 1987, the City will be charging sales tax on non-residential garbage and sewer services. LAKE WINONA BRIDGE City Manager Saunders stated that he had asked City Engineer Springstead to be present tonight to explain the status of the Lake Winona Bridge Project. Mr. Springstead gave each Council Member a sketch showing the bridge as originally designed and one showing a new recommended design. He explained that as the bridge was originally designed, three companies had bid on the project, and all three bids were more than double the cost estimate for the project. After talking with these bidders to see if costs could be cut, it was determined that revised specifications for the new bridge were needed. Mr. Springstead then pointed out the changes in the specifications for the bridge, some of which are: increased length of culvert pipe from 34' to 88', mitered ends with concrete on the slopes, the sidewalk on the south side of the bridge will be eliminated, the actual bridge roadway will be constructed with less thick concrete, straight curb and gutter will be installed, and all of the old bridge supports will remain, except the top. A sheet showing a cost breakdown was also presented. In reviewing the costs, it was pointed out that the culvert would be the single most expensive item at $44,000, and the City could save sales tax on this item, by purchasing it directly from the supplier who holds the. State Contract for culvert, Gator Culvert. The cost estimate for the project, including a 12% contingency, was $l07,352. e 8 REGULAR COUNCIL MEETING June 18, 1987 Page -2- Much discussion ensued concerning these costs. City Attorney Baird questioned $12,000 for the temporary sheet pile wall. Mr. Springstead stated that this cost reflected the rental costs the contractor would have to pay for use of the sheet piling. Mayor Pool asked if it would be more cost effective if City bought the sheet piling. City Engineer Springstead stated that the City would have to pay approximately the same amount for the pilings, but could possibly sell it or use it for some other project, such as the seawall at Jaycee Beach. Council Member Huff asked how much had been allocated for the bridge project, and how the difference would be paid. City Manager Saunders stated that $82,000 had been allocated and that a Budget Amendment from General Fund Reserves to pay the difference would have to be made. Due to time constraints involved, it was recommended by the City Manager that the three contractors who had previously bid on the project would be asked to submit new bids, and City Attorney Baird stated that this would be acceptable. They were K & L Contractors, DeWitt Excavating and F & G Road Builders. K & L Contractors were the previous low bidders of the project at $173,000. 87-124 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ASK THE THREE PREVIOUS BIDDERS ON THE LAKE WINONA BRIDGE PROJECT TO REBID THE PROJECT BASED ON THE AMENDED SPECIFICATIONS. City Manager Saunders then recommended that the City purchase the culvert for the project. 87-125A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED FOR THE CITY, UPON AWARDING OF THE BID FOR THE LAKE WINONA BRIDGE PROJECT, TO PURCHASE THE 88' CULVERT FROM STATE CONTRACT (GATOR CULVERT) AT A COST OF $350 PER LINEAL FOOT. FINANCE DIRECTOR VAN ZILE'S REPORT PURCHASE OF A BOBCAT FRONT END LOADER FOR SEWAGE TREATMENT PLANT Finance Director Van Zile explained that one of the requirements for the Sewage Tretment Plant Expansion Project was the purchase of a front end loader to remove sludge from the drying beds. It has been recommended that the City purchase a Bobcat Loader. It was further stated that the loader could be purchased from Federal Contract through Melroe Company in the amount of $9,500, and that items purchased for less than $10,000 could be paid for from the City's EPA Grant money. Some discussion of this request ensued and questions were asked concerning the type of loader being recommended. City Manager Saunders explained that the loader was specified in the original engineering documents. 87-126 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO PURCHASE A BOBCAT FRONT END LOADER FOR $9,500 FROM FEDERAL CONTRACT WITH PAYMENT FROM THE CITY'S EPA GRANT. e e REGULAR COUNCIL MEETING June 23, 1987 Page -3- COUNCIL MEMBER DUPEE'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL It was reported that Lake County Commissioner Jim Carson had recently been appointed Chairman of the ECFRPC and that Pat Green was Governor Martinez' appointment. It was also stated that the Council had recently adopted the regional comprehensive plan, and was actively seeking new membership and giving consideration to having an awards program again. LAKE COUNTY LEAGUE OF CITIES Mrs. Dupee stated that about four months ago the idea of a Storm Water Drainage Utility had been discussed, and the City of Tavares had passed such an ordinance. She then gave City Manager Saunders a copy of the ordinance, and further stated that the first year the City would raise $108,000 to pay two employees to assess existing problems and to hire an engineer to identify future needs. The charge is $2 per month for single and multi-family units and $3 per impervious foot for commercial establishments. Area residents have been very receptive to this tax, and feel that everything pos- sible should be done to save the local lakes from pollution. LOCAL OPTION ONE CENT SALES TAX It was also reported that many of the members of the League would be working to place the local option one cent sales tax on the November ballot. The split would be the same as in the past, with 65% going to the County and 35% being split among the cities. Approximately six million dollars would be raised from the tax. If Clermont does want to participate, Mrs. Dupee stated that the City must specify a use for the money to be placed on the ballot. All money raised by the County has been committed for the new jail, and if the proposed tax does not pass, property taxes will probably be increased to pay for the facility. Council Member Turville stated that he was not satisfied with the way the money would be split, and asked that it be investigated to see if the cities could receive a more equitable share of the tax monies raised. SHOPPING CART ORDINANCE Mrs. Dupee also stated that she had received some comments from local merchants who are dissatisfied with the City's propos~d ordinance concerning the handling of abandoned shopping carts. They had stated that they don't want to be placed in a position of having to fine their customers for taking a cart, and they had asked if a Workshop could be held on Thursday or Saturday of this week or the following Thursday to discuss the proposed ordinance. Some discussion ensued concerning this matter, and the fact that over the last several years the merchants utilizing shopping carts had been most uncooperative in picking them up. It was decided that a Workshop to discuss this matter would not be necessary, but that instead the City Manager would meet with the group to discuss their concerns. It was also asked that the e e REGULAR COUNCIL MEETING June 23, 1987 Page -4- group or a representative of the group be present at the next Council meeting when the proposed ordinance will be up for discussion and final adoption. Mrs. Whitehead stated that the Manager of Publix, James Cason, had always cooperated by picking up shopping carts on a regular basis. VISITORS WITH BUSINESS INTRODUCTION OF DOCTOR CARL CHRISTIAN ANDERSEN Doctor Andersen is the newly elected President of Lake-Sumter Community College, and appeared before Council to introduce himself to the community. Doctor Andersen expressed his concern about the level of services being provided by the college and stated that one of his main goals is to improve the educational opportunities here in south Lake County.' He urged the Council to call him so he could get their ideas about what is needed, and stated that he would like to offer his assistance to the community in any manner possible. HECTOR FERNANDEZ VARIANCE REQUESTS Hector Fernandez, owner of Colony Square Shopping Centers I and II, appeared before Council to request variances to the sign ordinance for a setback of 2.5' where 4.5' are required. The signs are already in place, and Mr. Fernandez stated that he thought only the ground supports had to be placed 4.5' from the right-of-way. As they are now, the leading edge of the signs is only 2.5' from the right-of-way. Mr. Fernandez further stated it would cost in excess of $2,000 to move the signs. Mr. Fernandez continued by stating that he had pulled the permits, and it was an honest mistake on his part. City Manager Saunders pointed out on the site plan drawing given to Mr. Fernandez, that the leading edge of the sign was shown to be 4.5' from the right-of-way, not the support posts. Mayor Pool asked if the top part of the sign could be moved back 2.5' on the supports. Mr. Fernandez stated that this was not possible because two metal plates secured the sign to the support posts. City Attorney Baird reminded the Council that in the past this type of request had been denied, and cited Dennis Horton's request as an example. 87-127 Although sympathetic to Mr. Fernandez's situation, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY THE REQUEST. Mr. Fern~ndez was given thirty days to reposition the signs. Mr. and Mrs. Turley, who live adjacent to one of the shopping centers, stated that they had some questions concerning the buffer between their home and the business. They were advised to talk to City Manager Saunders concerning this matter. TOM DOUGHERTY - RESOLUTION H556 - REQUEST FOR A CONDITIONAL USE PERMIT Mr. Dougherty appeared before Council to request a Conditional Use e e REGULAR COUNCIL MEETING June 23, 1987 Page -5- Permit to construct a professional office that will extend into an R-3 Residential/Professional District, as shown on the site plan presented to each Council Member. The existing office will be left on the property until such time as the new offices are occupied. When this occurs, he would then have to apply for an amended CUP to remove the existing structure and expand the new office complex to the west. Mayor Pool then asked City Manager Saunders for his comments and recommendations. Mr. Saunders stated that he had no problems with the request and that the Planning and Zoning Commission had recommended approval of the request subject 'to the condi tions as listed in the Resolution. However, in Condition H9, Mr. Saunders stated he would like the sidewalk extended the entire length of the project. Mr. Dougherty expressed his concern that sidewalk placed the entire length of the project on Disston Avenue would be damaged during future construction, and that he would prefer to put the section of sidewalk in by Sun Bank. Mr. Saunders also stated that a condition should be added regarding public access to Lots 10 and 11, because these lots actually front on Hill Street which is a privately owned street of the Willows Development. Mr. Dougherty proposes to extend his rear parking area onto Lots 10, 11, and 12, which are zoned R-2. Section 26-23 (5) of our Zoning Ordinance allows this under certain conditions. All condi- tions have been met, except 5 (b) which states that the parking will have its only access to, or fronts upon, the same street as the property in the commercial district. Mr. Dougherty proposes an entrance from Disston Avenue to the parking area, and is requesting a variance for the access. It was suggested that Mr. Dougherty could obtain an easement from the Willows Development to use Hill Street, but he stated that such an arrangement would be placing a restriction on his property, sub- ject to someone else's action. Mayor Pool asked if there was a time certain when Phase II of the development would be completed, and Mr. Dougherty stated that there was not any definite date this phase of construction would begin. City Attorney Baird advised that a phrase should be put into the Conditional Use Permit to provide access to Lots 10, 11 and 12 because there must be unrestricted access to an open public street from the lots. Some discussion also ensued concerning the location of the water retention area on part of Lot 12 which is in the R-2 zone. It was pointed out that the City Ordinance does not address this extension into the R-2 district, but it was the opinion of the City Manager and City Attorney that it could be allowed as long as it produced no adverse effect on the residential neighborhood. Mr. Dougherty explained that the water retention was located there because of a flow problem if it were located any place else and to provide a buffer for the other lots. No one else present spoke for or against the proposed development. 87-128 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 1556, AS AMENDED TO INCLUDE, SIDEWALK LOCATED THE FULL LENGTH OF DISSTON AVENUE, THE VARIANCE TO ALLOW INGRESS AND EGRESS TO THE PROPERTY ON DISSTON AVENUE AND A PHRASE CONTAINING LANGUAGE GRANTING PUBLIC ACCESS TO LOTS, io, II AND l2, SHOULD THREE PARCELS BE TRANSFERRED TO ANOTHER OWNER. THE RESOLUTION WAS READ BY MAYOR POOL BY TITLE ONLY. ----. e e REGULAR COUNCIL MEETING June 23, 1987 Page -6- UNFINISHED BUSINESS LAKEVIEW HILLS PHASES II AND III It was reported that K & L Contractors, the contractor for the development had completed repairs to the broken sewer line, but had not yet repaired the street. City Manager Saunders stated that at this time the Council could conditionally accept the improvements, contingent upon receipt of the following item~: I. One year performance bond 2. A letter from the Project Engineer certifying completeness of the project 3. A copy of the as-built plans 4. A letter from the City Engineer certifying completeness of the project 87-129After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT THE SUBDIVISION IMPROVEMENTS SUBJECT TO THE RECEIPT OF THE FOUR DOCUMENTS LISTED ABOVE. A gentleman who was present in the audience and wished to begin construction of a home in Lakeview Hills was advised that he could begin construction as soon as the documents were received by the City. LABOR DAY CELEBRATION It was reported that the Chamber of Commerce is making plans for this year's Labor Day Celebration, and they have requested that the City contribute funds for advertising. It had been indicated that the budget for advertising would be approximately $2,500, and it was requested that the City contribute $1,000. Mr. Ron Becker, President of the Chamber of Commerce, was. present and stated that $750 had been budgeted for advertising, and the Chamber was requesting a $1,000 donation from the City for things other than advertising. At this point, Council Member Dupee declared a conflict of interest and declined to discuss or vote on this matter. Under discussion, it was pointed out that the City was already paying $2,000 for the fireworks display for the celebration, and as far as advertising goes could print a message on the monthly water bills reminding everyone of the event. Nilsa Whitehead, who was present in the audience, stated that she felt the $2,000 being paid for the fireworks was adequate and no more money should be appropriated by the City. Mr. Becker stated that the City contributes nothing to the Chamber on a yearly basis, and that other cities receive municipal support of $10,000, $15,000 and more dollars. City Manager Saunders pointed out that the City provides the Chamber with free office space and pays for all utilities, which amounted to several thousand dollars per year. The City Manager also asked if the Chamber was projecting a profit from the event, and Mr. Becker stated that they were. e e REGULAR COUNCIL MEETING June 23, 1987 Page -7- Mayor Pool stated that he would like to see the Chamber and City work together on this project, and that if the Chamber actually lost money they could approach the City at that time for pO$sible support. Chamber had a proposed budget for this event, and Mr. Becker stated that one had not been drawn up at this time. Mr. Huff further stated that he would like to see how the money was going to be spent before any decision is made on further contributing to the event. 87-130A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRFIED, WITH COUNCIL MEMBER DUPEE ABSTAINING FROM VOTING DUE TO A CONFLICT OF INTEREST, TO TABLE THIS MATTER UNTIL A BUDGET FOR THE LABOR DAY CELEBRATION IS PRESENTED TO THE CITY BY THE CHAMBER OF COMMERCE. RESOLUTION H557 - ANNUAL BOAT LAUNCH PASS AND RAMP FEES City Manager Saunders explained that this Resolution would establish an annual pass for boat launching, with a proposed fee of $20. Currently a daily fee of $2 is collected on Saturdays, Sund~ys and Holidays from Memorial Day through Labor Day. There are approximately 30 days or 14 weekends per year that fees are collected, and a person would save money with the annual pass if he used the boat ramp more than 10 times on weekends during the summer. Mayor Pool stated that this idea had been discussed before and he had been approached several times concerning the issuance of such a pass. 87-131 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 1557 ESTABLISHING AN ANNUAL BOAT LAUNCHING PASS AT A COST OF $20 PER YEAR AND A DAILY FEE OF $2.00 PER BOAT. THE RESOLUTION WAS READ BY TITLE ONLY. . PLAYGROUND - FOURTH STREET/MINNEHAHA AVENUE WELL SITE City Manager Saunders stated that the Clermont Kiwanis Club had spent much time landscaping the Fourth Street Well site and now wished to establish a playground on the site. During a previous Council Meeting this request was made, but the matter was tabled until such time as the neighbors in the area could be contacted to see if they objected to a playground being located on the site. City Manager Saunders further stated that he had contacted several property owners in the vicinity of the site, and no one spoke against the playground. The site plan for the park calls for the installa- tion of a three tire tire swing this year and other equipment as funds become available. 87-132 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO ACCEPT THE CLERMONT KIWANIS CLUB'S OFFER TO ESTABLISH A PLAYGROUND AT THE FOURTH STREET WELL SITE. e e REGULAR COUNCIL MEETING June 23, 1987 Page -8- Mayor Pool asked that a letter of appreciation be sent to the Kiwanis Club thanking them for their generosity. There being no further business or discussion, the meeting adjourned at 9:30 p.m. 4~~~ Ro ert A. Poo ; Mayor Attest: ~~~ ?'} p E'. Van e, City Clerk FORM '8B . MEMeRANDUM'OF VOliN . ONFLICT FOR COUNTY, 'MU'NICIPAL, AND OTHER LOCAL 'PUBLIC OFFIC'ERS. LAST NAME-FIRST NAME-MIDDLE, NAME NAME OF BOARD, COlJrllClL, COMMISSION, AUTHORITY, OR COMMITrEE Dupee, Ann i\IAILlNG ADDRESS K. CITY COUNTY Clermont Cit Council THE BOARD. COUNCil.. COMMISSION. AUTHORITY. OR COMMITrEE ON WHICH I SERVE IS A UNIT OF: :x CITY,'.: COUNTY I l OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City of Clermont P.O. Box 868 Clermont DATE ON WHICH VOTE OCCURRED June 9, 1987 Lake MY POSITION IS: !X 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 governnient 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: PRIO~ 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 ga~n of a principal (other 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 (be(ore ma~iT!g any aqempt to influ~nce the decision) with the person responsible for recording the minutes of the meeting, ~ho will !ncorporate the "forl1) in the minutes. · A copy of the form should be provided immediately to 'the ot.her members of ,the agency. · The form should be read publicly at the meeting prior to consideration of the malle~ in which you have a connict of interest. I I HI~\1 ~Il 1I1.~(. PAGE I, o :) ........./ '. ~ , IF ,you .~A~E NO A TIE!\'1PT TO IN.FLl,1~NCE T~E DECIS"19N EXCEPT BY D1SCUS~ION OR VOTE AT THE MEETING: . " .... . "1.' .:' . "... t, . .. . . You.'shOuld disclose orally the nature of your conflict in the measure before participating. . You should complete Ihe form and file it within t 5 days after the vote occurs with the person respopsible for recording the minutes of the meeting, who should incorporate the form' in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I, Ann Dupee , hereby disclose that on June 9 ,19--BL-: 1IW!t~.~ . (a) A measure came o'r will come before 'my agency which (check one) ~ inured 10 my special private gain; or tt:',. , ~ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: The Chamber of Commerce requested that the City donate $1,000 to them to help defray the costs of advertising the annual Labor Day Celebration. The Chamber estimates that $2,500 will 'be spent. I own the South Lake Press and Print. Shop, both of which could be used by the Chamber for advertising. -=....::. l.....~ June 23, 1987 Si~~~ Dale Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y 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. CE FOR~1 RB . 10.86 PAGE 2