11-27-1990 Regular Meeting• •
CITYOF CLERMONT
1VII11TUTES
REGULAR COUNCIL MEETING
NOVEMBER 27, 1990
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, November 27, 1990 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 Cole, Council Member Norquist and Council Member
Dupee. 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 Bob Richenberg followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the Regular Meeting held November 13, 1990 were
approved as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
LIGHT IIP CLERMONT CELEBRATION
City Manager Saunders reminded the Council of the upcoming Light
Up Clermont Celebration to be held Saturday, December 1, 1990. The
days events will begin with a parade at 11:00 a.m. and end in the
evening with caroling and the lighting ceremony. Throughout the
day crafts and food booths will offer their wares and music will
be provided by the Cheyenne Saloon Band and in the evening Bill
Bond's Community Band will play at the lighting ceremony.
VISIONS OF A SUCCESSFUL COMMUNITY SEMINAR
Everyone present was reminded of the Visions of a Successful
Community Seminar to be held Monday, December 3, 1990 at Lake
Sumter Community College. Council Member Turville, who had heard
the featured speakers, Architects Duaney and Arendt, stated that
everyone should try to attend the seminar and be enlightened
concerning land use.
PALATLARAHA RECREATION AREA PLANTING
It was reported that another planting at the new park had been
scheduled for Saturday, December 8, 1990, at 8:30 a.m. The Wax
Myrtles that died will be replaced and Eleagnus and Pittosporum
will be planted. City Manager Saunders urged those present to
bring a shovel and participate in the planting.
PAr•ATLAICAHA RECREATION AREA BLEACHERS
City Manager Saunders stated that the bleachers for the fields at
the park had not been budgeted, but that he would like to order
them at the present time. He further stated that various
organizations were trying to raise money to pay for them and that
he was hopeful the donations would come through. They will cost
approximately $7,500 and are made of aluminum.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
NOVEMBER 27, 1990
PAGE -2-
90-246 After a brief discussion of the request, A MOTION WAS MADE BY
COUNCIL MEMBER DUPES SECONDED BY COUNCIL MEMBER COLE AND
ONANIMODSLY CARRIED TO ORDER THE ALDMINDM BLEACHERS FOR ALL OF THE
FIELDS AT AN APPROXIMATE COST OF S7 500
CHANGE ORDER ,~`4 PALATLARAHA RECREATION AREA
It was reported that Change order #4 in the amount of $47,662.75
had been received for additional asphalt and relocation of light
poles at the park site.
90-247 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER DUPES AND UNANIMOUSLY CARRIED
TO APPROVE CHANGE ORDER #4 IN THE AMOi7NT OF S47 662 75 WITH PAYMENT
COMING FROM GENERAL FUND RESERVES
GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD
City Manager Saunders stated that he was very pleased to report
that for the second year, Finance Director Van Zile had received
a Certificate of Achievement for Excellence in Financial Reporting
for the City's Comprehensive Annual Financial Report from the
Government Finance Officers Association. It was explained that
this award is the highest form of recognition in the area of
governmental accounting and financial reporting.
Congratulations were given and the Council thanked Mr. Van Zile for
his diligent work.
WORKSHOP MEETINGS
City Manager Saunders reminded the Council of tomorrow's workshop
in the City Hall Conference Room and stated that he would like to
hold another workshop as soon as possible to continue discussing
the various elements of the Comprehensive Plan.
It was a consensus of Council to hold a workshop meeting on
Wednesday, December 12, 1990 at 6:00 p.m. in the City Ha11
Conference Room.
CHRISTMAS HOLIDAY
City Manager Saunders stated that Christmas fell on a Tuesday and
asked Council if City Ha11 could be closed on Monday, Christmas Eve
day, to give employees a long holiday. In the past very little
business has been conducted on that day.
90-248 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
NOROUIST. SECONDED BY COUNCIL MEMBER COLE AND IINANIMODSLY CARRIED
TO DESIGNATE DECEMBER 24 1990 AS AN ADDITIONAL HOLIDAY FOR CITY
EMPLOYEES FOR THIS YEAR.
City Manager Saunders then stated that traditionally the Council
had cancelled the second Council Meeting in December because it
occurred so close to the holiday. He then asked if they wished to
reschedule or cancel this year's meeting which falls on Christmas
Day.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
NOVEMBER 27, 1990
PAGE -3-
90-249 A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED TO CANCEL THE DECEMBER 25 1990
COUNCIL MEETING.
COUNCIL MEMBER DUPEE'S REPORT
FLORIDA LEAGUE OF CITIES
Mrs. Dupee reported that she had been appointed to serve on the
Municipal Finance Committee of the League of Cities.
The Council congratulated Mrs. Dupee on her appointment.
COUNCIL MEMBER NORQUIST'S REPORT
FIELDMOUSE/CONCESSION BUILDING PALATLAKAHA RECREATION AREA
Mr. Norquist, who is coordinating the construction of the building,
reported that Dan Harper, an electrician, and Jay Judy of
Progressive Plumbing, had donated their services for the
construction of the building and they were doing a great job for
the City.
VISITORS WITH BDSINESS
JAMES MODICA - RESOLUTION #696, REQDEST FOR A CONDITIONAL USE
PERMIT TO OPERATE A PROFESSIONAL OFFICE IN THE R-3-A
RESIDENTIAL/PROFESSIONAL DISTRICT
It was explained that the applicant was requesting a Conditional
Use Permit to convert an existing single family residence located
at 310 Almond Street into a professional office. This area is
zoned R-3-A which does allow this use as a Conditional Use Permit
and is compatible with the Comprehensive Plan.
Prior to the meeting each Council Member was given a preliminary
site plan showing the existing structures and the proposed parking
and stormwater retention area. Also included was the Staff
recommendation for approval subject to all code requirements,
standard Conditional Use Permit requirements and the following
added conditions:
1. Standard sidewalk shall be constructed along
Almond and Bowman Streets with required
handicap ramps. Sidewalk shall commence at the
eastern boundary on Almond Street and continue
to the northern boundary on Bowman Street.
2. The property shall not be utilized for any
other use than single family residential until
all required improvements are completed.
3. Existing slab in front yard shall be removed.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
NOVEMBER 27, 1990
PAGE -4-
Jim Modica appeared before Council and stated that he did not want
to build the sidewalk on the property because it would not be used
and would go nowhere. He further stated that Council Member
Turville and he had come up with the concept that he pay into a
fund to be used to build sidewalks where they were needed.
Mr. Modica further stated that it would cost approximately $2,000
to put the sidewalk on his site and that he would be willing to put
50$ of that amount into the fund the City could use to construct
sidewalks in other partes of town where needed. Council Member
Turville stated that this was just an idea and it would need to be
worked out with regard to City~s present sidewalk requirements and
the percentages to be paid.
Much discussion ensued concerning the concept and Mayor Pool
questioned City Attorney Baird as to the Legality of allowing the
request.
City Attorney Baird advised Council not to include this in the CUP
at this time and this would allow the City Staff time to look into
the request and come up with the requirements, if the City wished
to pursue the concept.
City Manager Saunders suggested that Mr. Modica be given eighteen
months to install the sidewalk because after adoption of our
Comprehensive Plan, the City must rewrite its Zoning and
Subdivision Ordinances to comply with the Comprehensive Plan and
a policy addressing a sidwalk fund could be addressed at that time.
After some further discussion, it was the consensus of Council to
reword Condition #6 of the Conditional Use Permit to allow eighteen
months before the sidewalk construction begins.
Mr. Modica then stated that he had been operating his business for
a period of time in violation of the City Zoning Ordinance
requirements of obtaining the Conditional Use Permit because he did
not know he had to do this. He then asked Council if he could
remain in the building for two months while the work was being done
to bring the site into compliance with the zoning requirements.
Much discussion ensued concerning the request. Mayor Pool stated
that he believed if Mr. Modica was allowed to do this, a precedent
would be set for others to make the same request. City Manager
Saunders stated that he had already received a request for the same
thing and this was a concern.
After some further discussion, Mr. Modica stated that he had
occupied the building for five months. City Manager Saunders
stated that during this time, there was no water retention, parking
or landscaping done and that he needed to obtain a permit from the
Saint Johns Water Management District for the water retention.
30-250 At this point, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO
AMEND THE CONDITIONAL USE PERMIT TO ALLOW MR. MODICA TO STAY SIXTY
DAYS THROUGH THE CONSTRUCTION PHASE. THIS MOTION DIED FOR LACK OF
A SECOND.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
NOVEMBER 27, 1990
PAGE -5-
Some further discussion ensued and Jack Sargent questioned the use
of a Performance Bond in this situation to force completion of the
requirements.
City Attorney Baird stated that a Performance Bond would not apply
in this situation. He further stated that the Council must decide
whether it wishes to apply equally to everyone the existing
ordinances and other requirements or that Mr. Modica and all
others after him be allowed to stay in their building while coming
into compliance with the city's zoning regulations.
After considerable discussion, it was the consensus of Council that
Mr. Modica not be allowed to stay in the building during
construction.
90-251 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPES SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION x`696 AS AMENDED TO INCLUDE IN ITEM #6 THE EIGHTEEN
MONTHS REQUIREMENT FOR SIDEWALK CONSTRUCTION THE RESOLUTION WAS
READ BY TITLE ONLY BY MAYOR POOL
NEW BUSINESS
STREET ACCEPTANCE
City Manager Saunders explained that Division Street was
constructed approximately one year ago and runs east of Highway 27
on our northern city limits. Acceptance of the project had been
delayed because of problems with the stormwater retention and
construction of the southbound turn lane on Highway 27, as required
by the Department of Transportation. The project engineer has now
submitted his statement of final completion and compliance now that
all required improvements have been completed. Mr. Saunders then
recommended acceptance of the south half of the street into the
city system.
90-252 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL
MEMBER NOROUIST AND ONANIMOUSLY CARRIED TO ACCEPT THE SOUTHERN HALF
OF DIVISION STREET LYING EAST OF HIGHWAY 27 INTO THE CITY STREET
SYSTEM.
RESOLUTION #697 - PROPOSED IMPROVEMENTS TO DISSTON AVENUE AND
DECLARING OF A SPECIAL ASSESSMENT
City Manager Saunders explained that this Resolution, which is the
first of several documents required to be adopted by the Council
for the Special Assessment for the construction of Disston Avenue
between Highway 50 and Highland Avenue, had been prepared by City
Attorney Baird and declares the intent of the Special Assessment.
At a later date, the City will conduct a public hearing with the
assessment roll, followed by the final assessment ordinance. It
was further explained that under the special assessment program,
the City is responsible for one-third of the cost of the
construction and the property owners on either side of the street
pay one-third each with calculations based on their front footage.
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CITY OF CLERMONT
1VIII~TUTES
REGULAR COUNCIL MEETING
NOVEMBER 27, 1990
PAGE -6-
However, due to the entire frontage on the western right-of-way
being under one ownership, as well as approximately one-half of the
eastern right-of-way being under the same ownership, and the
remainder being owned by the City; the cost of the avenue will be
split approximately 50-50 between the City and the owner, Lawson
Wolfe.
Mayor Pool called for comments and no one spoke.
90-253 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPES SECONDED BY COUNCIL
POOL.
CHANGE ORDER #`1, LIFT STATION ~`2
Mayor Pool explained that at the Zast Council Meeting, the City
Council approved this Change Order, but City Engineer Springstead
has indicated that there was an error in the figure on the Change
Order. The previously approved Change Order was for $503, and the
corrected amount should be $578.44 and a corrected Change Order has
been submitted by the City Engineer's office.
90-254 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED. TO ACCEPT
THE CORRECTED CHANGE ORDER #1 FOR LIFT STATION ~`2 IN THE AMOUNT OF
$578.44 AND TO ACCEPT LIFT STATION #2 INTO THE CITY SYSTEM
BODGET AMENDMENTS
The following Budget Amendments, as requested by the Public
Services and Solid Waste Departments, were presented to the
Council
SANITATION DEPARTMENT
49-534-6420 CAPITAL OUTLAY VEHICLES $ 2,500
City Manager Saunders explained that there was $10,000 in the
current year's budget for a Iight-duty pickup truck as a
replacement vehicle, but the City needed to purchase a heavy-duty
pickup rather than the light-duty one. It was further explained
that this vehicle needs to be capable of pulling the recycle
trailers to the recycling center and will be utilized as a backup
truck for our recycling truck. The cost difference is $2,500.
49-534-5240 MINOR EQUIPMENT $ 925
It was explained that the City would like to construct one
additional trailer for our recycling program in order to make our
recycling efforts more efficient and cost effective by allowing us
to store aluminum in this trailer until we have a full load to
transfer to the recycling center.
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CITYOF CLEI~MONT
M~U~~i-~
REGULAR COUNCIL MEETING
NOVEMBER 27, 1990
PAGE -7-
PUBLIC SERVICES
O1-570-4640 REPAIR & MAINTENANCE - PARKS $10,000
Mr. Saunders explained that the City had received a maintenance
recommendation from our grassing company, and the $10,000 would be
utilized to purchase required fertilizer, herbicides, and
insecticides and for repair maintenance of the irrigation system's
sprinklers, valves, etc.
90-255 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE_ SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
TD ADOPT THE THREE BUDGET AMENDMENTS AS LISTED ABOVE.
There being no further business or discussion, the meeting
adjourned at 8:45 p.m.
Robert A. Pool, Mayor
Attest:
Jo Van ZiZ , ty Clerk