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01-08-1991 Regular Meeting• CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 1991 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, January 8, 1991 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, and Council Member Cole. Council Member Norquist was absent. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, City Engineer Springstead, 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. MINIITES The Minutes of the Regular Meeting held December 11, 1990 were approved as presented. REPORTS CITY MANAGER SAIINDERS' REPORT AORRSHOP MEETING City Manager Saunders stated that he would like to hold a Workshop Meeting on Tuesday, January 15, 1991, to continue discussion of the Comprehensive Plan. It was the consensus of Council to hold the meeting at 5:00 p.m. in the City Hall Conference Room. COMPOSTING SITE It was reported that the City had received its Compost Site Permit as submitted to the Department of Environmental Regulation. The operation will be conducted at the sprayfield. JAYCEE BEACH BOAT RAMP It was reported that the low water level of Lake Minneola had revealed severe damage to the last section of the municipal boat ramp. A new slab will have to be poured, but as a temporary measure rock will be placed in the sunken area and the new slab will be poured over the rock at a later date. No permit is required for repair and maintenance of the boat ramp. However, the Florida Freshwater Fish and Game Commission has required that a silt barrier be in place when the rock is placed in the depression. Council Member Turville questioned if there was any money available from the Freshwater Fish and Game Commission to help pay for the repairs. City Manager Saunders stated that no funds were available from them but there would possibly be money from the County. However, at the present time all of their funds were earmarked for other projects. PENSION BOARD MEETING City Manager Saunders stated that if there were no objections, a meeting of the Pension Board would be held at 7:00 p.m. on January 22, 1991, which precedes the next Regular Council Meeting. There were no objections. • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 1991 PAGE -2- COUNCIL MEMBER DUPEE'S REPORT LEAGUE OF CITIES MID-WINTER CONFERENCE Council Member Dupee reported that she would be attending the League of Cities Mid-Winter Conference in Tallahassee on January 17 and 18. COUNCIL MEMBER TURVILLE'8 REPORT COMPOSTING MEETING IN EUSTIS Council Member Turville stated that he had attended a recycling meeting with the City of Eustis who are just beginning their program and encouraged them to seriously consider composting as a method of reducing solid waste disposal costs. MAYOR POOL'S REPORT PRAYER FOR PEACE SERVICE It was reported that a Prayer for Peace Rally would be held at Ferran Park in Eustis at 4:00 p.m. on Sunday, January 13, 1991. The program is planned for the families of those men and women of Lake County serving in Operation Desert Shield. HOY SCOUT TROOP 133 Mayor Pool introduced Troop 133 who were present in the audience and were working on their Communication and Community Service Badges. LARESHORE DRIVE IMPROVEMENTS Mayor Pool stated that he had received some calls from residents of Lakeshore Drive asking when the street improvements from Penzance to the bridge would be completed. City Manager Saunders stated that the County had run out of funds for the project last year, but that he would be attending a meeting at the County on Wednesday to find out if funding would be available to complete the project this year. HAZARDOUS WASTE DISPOSAL Mayor Pool reported that used motor oil could be disposed of in Groveland, next to the Police Department Building and at Dave's Service Station on Highway 27, next to the Citrus Tower. It was also reported that K Mart will buy used batteries for $2.00 each. UNFINISHED BUSINESS JERRY JONES - RESOLUTION #699, REQUEST FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT AT 611 WEST HIGHWAY 50 City Manager Saunders reported that Mr. Jones had withdrawn his request for an amendment to his Conditional Use Permit. • CITYOF CLERMONT MINUTES • REGULAR COUNCIL MEETING JANUARY 8, 1991 PAGE -3- DISSTON STREET IMPROVEMENT PROJECT PIIBLIC HEARING AS TO THE PROPRIETY AND ADVISABILITY OF HARING IMPROVEMENTS AND FIINDING WITH SPECIAL ASSESSMENTS A CERTAIN PORTION OF DISSTON STREET City Manager Saunders explained that the special assessments for the Disston Street improvements had been figured on the basis of a 1/3, 1/3 and 1/3 split with the City paying 1/3 and the adjoining property owners the remaining 2/3. Since the adjoining property owners are the City and Mr. Lawson Wolfe, the City will pay just under 50$ of the costs and Mr. Wolfe the remainder. The special assessment split was figured on total project costs of $83,726. Mr. Wolfe presented each Council Member a packet of information pertaining to what he felt the construction costs for Disston Street should be. Mr. Wolfe then approached the Council and stated that he had no problem with the 1/3, 1/3, 1/3 split, but that he felt the calculations for the total of the special assessments were incorrect and wished to explain his reasoning for his opinion. Before Mr. Wolfe presented any further comments, City Attorney Baird explained that during the first public hearing the City must decide if they wanted to make the assessments on the adjoining property owners or if the City wished to pay all of the costs, and if they wished to make the assessments on the adjoining property owners, how they would be split. At this point, Mr. Wolfe stated that he now would have to object to the figures used in the 1/3, 1/3, 1/3 split of the assessments because Disston Street was constructed with three lanes which cost more than the two lane street with turnouts his engineer originally designed when he submitted preliminary plans for a Home Improvement Center he was going to build on his property. City Manager Saunders explained that the sole purpose of the third lane on Disston Street was for use as a turn lane when the adjoining property is finally developed, although it is not marked as such at the present time. It was designed in this manner to keep any additional curb cuts off of Highway 50. City Engineer Springstead corroborated Mr. Saunders statement and stated Mr. Wolfe would not have to construct excel or decel lanes when the property is developed. Mr. Wolfe then requested a letter verifying this and Mr. Springstead stated that he would sign such a letter. Mr. Wolfe then question why the street was built at this time when he had no immediate plans for developing his property and the street was more of a benefit to the City than to him. City Manager Saunders stated that the City saved as much as $50,000 by building the street now with the DOT variance for stormwater retention allowing the City to tie into existing stormwater retention areas. Two years from now this variance would be unattainable and the City would have had to construct costly retention facilities. Mayor Pool called for any other comments and Nilsa Whitehead stated that she favored the proposed 1/3, 1/3, 1/3 assessment split. • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 1991 PAGE -4- 91-001 A MOTION WA8 MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO UTILIZE THE 1/3. 1/3, 1/3 METHOD OF ASSESSING THE BPECIAL ASSESSMENT WITH THE CITY PAYING 1/3 OF THE COSTS AND THE ADJOINING PROPERTY OWNERS THE REMAINING 2~3. A MOTION WAS THEN MADE B_Y_ COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER DIIPEE AND UNANIMOUSLY CARRIED TO HAVE A LETTER DRAFTED VERIFYING THE INTENT OF THE THIRD LANE ON DISSTON STREET AND THAT NO ERCEL/DECEL LANES WILL NEED TO BE CONSTRUCTED IN THE FUTIIRE. A COPY OF THE LETTER WILL BE MADE A PART OF THIS OFFICIAL RECORD AND THE LETTER FILL BE SENT TO MR. WOLFE. EQUALIZATION BOARD BEARING The City Attorney informed the Council that they would sit as an Equalization Board to hear and consider complaints on the special assessments. Mr. Wolfe continued by stating that he objected to the total cost of the project and stated that he felt he was paying twice for engineering costs for the project because he believed the city could have used his engineer's calculations for building the street which were submitted in his preliminary plans for his Home Center Development. Mr. Wolfe also stated that he had paid for a topographical survey of the property, and the City Engineer did another one which was included in the cost for engineering fees. Mr. Wolfe also questioned the City's acceptance of Prairie Construction's bid for the project stating that the actual low bid for construction of Disston Street was $4,500 lower than Prairie's, but when the project was bid, it included other work with the construction of Disston Street. After going over all of his calculations in detail, Mr. Wolfe requested relief in the amount of $9,700 on his portion of the special assessments. John Springstead then spoke justifying the $24,206 in engineering fees included in the special assessment figures. Mr. Springstead stated that the Department of Transportation required the City to reprofile all of the drainage in the area, which included much additional survey work to determine water flow of proposed facilities and flow of existing drainage. Due to the misalignment of the old and new Disston Street rights-of-way, that area required additional survey work and redesign from the one sheet preliminary plan provided by Mr. Wolfe's engineer. Much discussion ensued concerning the cost for engineering fees and Mr. Wolfe's request for relief. City Attorney Baird advised that the Equalization Board should make any change now in the dollar amount of the assessments based on fairness, justice and right or accept the assessment roll as presented. Discussion then centered on the bids received for just the Disston Street extension and City Manager Saunders stated that he believed that Mr. Wolfe had made a valid point if looking at just what was bid for the extension of Disston Street. 91-002 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER DUPEE AND FAILED BY A TWO TO TWO TIE VOTE WITH COUNCIL MEMBERS COLE AND POOL DOTING NAY _T_O ADOPT RESOLUTION #702 EQUALIZING THE DISSTON BTREET SPECIAL ASSESSMENTS AS PRESENTED. • CITY OF CLERMONT MIIITUTES • REGULAR COUNCIL MEETING JANUARY 8, 1991 PAGE -5- After some further discussion of Mr. Wolfe's request for relief, 91-003 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #702 EQUALIZING THE DISSTON STREET SPECIAL ASSESSMENTS AMENDING IT TO CREDIT MR. WOLFE ONE-HALF THE DIFFERENCE BETWEEN THE LOW BID FOR THE DISSTON STREET ERTENSION AND THAT OF PRAIRIE CONSTRUCTION WITH THE AMOUNT TO BE DIVIDED PRO RATA BETWEEN ALL OF THE PARCELS. NEW BUSINESS STROLLO ARCHITECTS, INC. - POLICE STATION ERPANSION, REVIEW OF CONCEPTUAL PLAN City Manager Saunders asked that discussion of the Police Department expansion be tabled at this time. 91-004 A MOTION WAS MADE BY COUNCIL MEMBER COLE. SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE DISCUSSION OF THE CONCEPTUAL PLANS FOR THE POLICE DEPARTMENT ERPANSION UNTIL THE NERT REGULARLY SCHEDULED COUNCIL MEETING. BOARD APPOINTMENTS PLANNING AND ZONING COMMISSION It was explained that the following five Members of the Planning and Zoning Commission terms expired this year: Marilyn George, Carlos Solis, Bonnie Kranz, Buck Evans and James Brown. Mr. Solis did not wish to be reappointed, and the others have expressed a desire to be reappointed. In addition, Messrs. Joe Wiebush and George Wood have indicated they would like to serve on the Planning and Zoning Commission. 91-005 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPOINT JOE WIEBUSH TO FILL MR. SOLIS' SEAT ON THE COMMISSION. 91-006 A MOTION WA8 THEN MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO REAPPOINT MARILYN GEORGE. BONNIE RRANZ. ADELBERT "BUCK" EVANS AND JAMES BROWN TO TWO YEAR TERMS ON THE PLANNING AND ZONING COMMISSION. CODE ENFORCEMENT BOARD It was explained that Messrs. Joe Wiebush and George Woods terms expire this year and no one else had expressed an interest to serve on the Board. 91-007 A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO REAPPOINT GEORGE WOOD TO A THREE YEAR TERM ON THE CODE ENFORCEMENT BOARD. It was the consensus of Council that Mr. Wiebush's seat would be filled at a later date. • CITYOF CLERMONT MINUTES • REGULAR COUNCIL MEETING JANUARY 8, 1991 PAGE -6- PARRS AND RECREATION BOARD It was explained that the following members of the Parks and Recreation Board had requested reappointment: Nilsa Whitehead, Jack Gaines, Robert A. Pool, Jr., Karen Turville, Christina Lindgren, Wendell McDannel, R. Scott and Tracy Wood, John and Carol Burkhardt, Cliff Revell, Wanda Andrews and Renal Clark. Council Member Cole stated that he would also like to have Audrey Louis Jones appointed to the Board. 91-008 MAYOR POOL THEN REAPPOINTED THE ERISTING BOARD MEMBERS AND AUDREY LOIIIS JONES TO THE PARRS AND RECREATION BOARD FOR 1991. BOARD OF DIRECTORS - LAKE APOPRA NATURAL GAS It was reported that Mr. Jack Sargent had requested reappointment for a two year term to the Board of Directors of Lake Apopka Natural Gas. 91-009 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO REAPPOINT JOHN "JACK" R. SARGENT TO A TWO YEAR TERM ON THE LAKE APOPRA NATURAL GAS BOARD OF DIRECTORS. At this point in the meeting, the positions listed below were discussed en mass. Council Member Dupee stated that the ECFRPC Project Reivew Committee was done away with because of time restraints imposed for reviews. After a brief discussion of the positions and those holding the position, A MOTION WAS MADE BY 91-010 COUNCIL MEMBER TURVILLE~ SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO REAPPOINT ALL COUNCIL MEMBERS TO THE POSITIONS LISTED BELOW. COOPER MEMORIAL LIBRARY LIAISON Mayor Pool was reappointed. CHAMBER OF COMMERCE LIAISON Council Member Cole was reappointed with Council Member Norquist as the alternate. LAKE COUNTY POLLUTION CONTROL HOARD Mayor Pro Tem Turville was reappointed. ECFRPC Council Member Dupee was reappointed to this position. LAKE COUNTY BOARD OF COMMISSIONERS LIAISON Council Member Norquist was reappointed. LAKE COUNTY LEAGUE OF CITIES BOARD OF DIRECTORS Wayne Saunders by virtue of being elected a Vice President in the League now serves in this position. f ~~ ~ r CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 8, 1991 PAGE -7- ZONING AND HOIIBING BOARD OF ADJUSTMENT City Council holds this position. MAYOR PRO TEM It was the consensus of Council to reappoint Council Member Turville as Mayor Pro Tem of the Council. There being no further business or discussion, the meeting adjourned at 9:20 p.m. Robert A. ool, Mayor Attpct~