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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. • • CITYOF CLERMONT M~~~~~ 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. • • CITYOF CLERMONT ~~U~~i~ 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. • • CITYOF CLERMONT ~~~~~~' 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. • • CITYOF CLERMONT ~~UT~~ 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. • • 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. • 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