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10-09-1990 Regular Meeting• CITY OF CLERMONT ~~U~'~~ REGULAR COUNCIL MEETING OCTOBER 9, 1990 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, October 9, 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 Norquist, Council Member Cole and Council Member Dupee. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Harker, 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 Meetings held August 14 and 28 and September it and 25, and the Special Meetings held August 21 and September 12, 1990 were approved as presented. INTRODUCTION OF GUESTS Mayor Pool introduced Mr. Baysinger's Boy Scout Troop #274 who were present in the audience. The Scouts are working on their Citizenship - Leadership Badge. Also present was Mrs. Bob Thompson and her exchange student, Nikke Rasmussen, from Horsens, Denmark. Miss Rasmussen presented Mayor Pool with a vase from Henning Jensen, Mayor of Horsens, and a letter expressing his gratitude for allowing Miss Rasmussen to stay in Clermont. Mayor Pool welcomed Miss Rasmussen to Clermont and thanked her for the gift. REPORTS CITY MANAGER SAUNDERS' REPORT 64TH ANNUAL LEAGUE OF CITIES CONVENTION City Manager Saunders stated that Council Member Dupee would be attending the upcoming convention and should be appointed the City's voting delegate. 90-202 A MOTION WAS MADE BY COIINCIL MEMBER COLE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPOINT COUNCIL MEMBER DUPEE AS THE CITY'S VOTING DELEGATE TO THE 64TH ANNUAL.LEAGUE OF CITIES CONVENTION. City Manager Saunders also stated that he had received correspondence from the League of Cities and as our voting delegate, Mrs. Dupee should be at the Innovations Showcase between the hours of 2:00 p.m. and 4:00 p.m. for photographs. The City submitted an entry which was accepted for publication. Mrs. Dupee stated that she would be there to represent the City. CITYOF CLERMONT ~~~~~~ REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -2- ST. DUDE EIRE-A-THON • Mr. Saunders stated that he had received correspondence requesting permission to hold a bike-a-thon for St. Jude's Hospital on Saturday, November 3, 1990 with a rain day scheduled for the following Saturday. The proposed route is around Lake Winona and traffic control will be provided by the Lake County Sheriff's Department. 90-203 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST. SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED APPROVING THE REQUEST TO HOLD A ST. JUDE'8 BIKE-A-THON ON SATURDAY. NOVEMBER 3, 1990. CENTER LAKE WEED CONTROL City Manager Saunders stated that he had met with a representative of the Lake County Water Authority concerning removal of weeds in Center Lake, and he had recommended applying Sonar, which does not affect the fish, at a cost of $1,000. Mr. Saunders then asked the Council if they wished to pursue this or harvest the weeds from the lake. Much discussion ensued concerning which method would be the most effective. Mayor Pool suggested that the City obtain a quote from a harvester. Council Member Norquist suggested that the City contact the City of Lakeland regarding use of their harvester. City Manager Saunders stated that he would investigate the various possibilities and get bach with the Council as soon as possible. LAKE COUNTY COMMUNITY ACTION AGENCY It was reported that the Lake County Community Action Agency had requested the appointment of a representative from the City by the end of October. The Council Members then asked Council Member Cole if he would be willing to continue to serve in that capacity and he stated he would be more than happy to do so. 90-204 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED TO REAPPOINT COUNCIL MEMBER LESTER COLE AS THE CITY'S REPRESENTATIVE TO THE LAKE COIINTY COMMUNITY ACTION AGENCY. LIFT STATION #6 It was reported that after a lengthy investigation and trying to resolve the odor problem at Lift Station #6 with aeration, which did not completely eliminate the problem, the City Engineer had found a filter system for the vent pipe at a cost of $750 which should alleviate the odor problem. City Manager Saunders further stated that the City Engineer recommended that the system be installed and payment would come from the Operations and Maintenance Budget. • CITYOF CLERMONT ~~U~~i~ REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -3- RECYCLING UPDATE It was reported that the City had distributed 798 recycling bins in the southwest quadrant of the City and the recycling program would begin on October 15, 1990. The response to this program has been very positive. NILSA WHITEHEAD'8 REPORT ADOPT A TREE PROGRAM FOR CLERMONT Mrs. Whitehead stated that if there were no Council objections, she would like to begin an Adopt A Tree Program. She then explained how the program worked and stated that anyone wanting more information could contact her at home. UNFINISHED BUSINESS NEIGHBORHOOD CENTER City Manager Saunders explained that the South Lake Ministerial Association had indicated to him that they have secured the required funding needed to operate the Neighborhood Center for the first year and would like to proceed with the lease agreement for use of the Seaver House with two amendments. City Manager Saunders then explained the requested amendments as follows: (1) Section 4 which requires the lessee to provide all maintenance and repairs to the premises be amended so that in the event of the need of a major repair, such as a reroofing or a major plumbing or electrical problem, that they not be held responsible for that type of repair, and (2) that they only be responsible for insuring the contents of the building and the City include the building under its casualty insurance, which costs approximately $150 per year. Mr. Saunders then read suggested wording to amend the language in Section 4 which would allow the Ministerial Association the option to either make the repairs or cancel the lease. When asked, Reverend Ed Ivey, representative of the Ministerial Association, stated that he agreed with the proposed amendments. 90-205 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO A LEASE AGREEMENT AS AMENDED WITH THE SOUTH LAKE MINISTERIAL ASSOCIATION FOR USE OF THE PROPERTY LOCATED AT 885 WEST MONTROSE STREET AS THE NEIGHBORHOOD CENTER. Before any discussion of the annexation ordinances occurred, City Attorney Baird advised that all of the ordinances could be discussed concurrently with adoption of each individual ordinance following. It was the consensus of Council to follow this procedure. City Manager Saunders then pointed out the individual properties on a displayed map. Mayor Pool then called for comments from those present. - - - • CITYOF CLERMONT ~~~T~~ REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -4- Nilsa Whitehead stated that she favored the proposed annexations. Mark Edwards stated that he was opposed because he felt it would only serve to broaden the base on which to raise more taxes and expenses for the citizens of Clermont. Ed Ivey stated that he supported the annexation and it was long overdue. He further stated that he believed that it was in the City's best interest to annex the vacant land, which will be developed in the future, in order to have more control over the type of development that will occur. Much Council discussion ensued concerning the proposed annexation. It was pointed out that the City will have better control over the property with regard to zoning.Council Member Turville pointed out that all the Council decisions regarding the annexation were not made over night and that concern had been expressed with regard to the City's responsibility for providing services to the newly annexed properties. At this point, Council Member Dupee referred to City Attorney Baird's opinion concerning recent Attorney General Rulings regarding voluntary annexations and the fact that the City would not be obligated to bear the expense of providing these urban services. This issue would be addressed in any proposed development plans. FINAL READING OF ORDINANCE 219-M Mayor Pool then read the Ordinance by title only. City Manager Saunders identified the property on the map and stated that it would annex approximately twenty acres located north of Jack's Lake and east of Grand Highway and was known as the Gibb property. 90-206 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED HY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 219-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 215-M This property was also identified on the map as the approximately 1,200 acre Fosgate property. 90-207 A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST. SECONDED BY COIINCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 215-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 216-M It was pointed out that this ordnance will annex the approximate 2.5 acres owned by the City located north of the western ten acres of the Fosgate property. 90-208 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 216-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. .. • CITY OF CLERMONT ~IN~~~i-~ REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -5- FINAL READING OF ORDINANCE 217-M It was pointed out on the map that this ordinance will annex the approximate 1.99 acres adjacent to and north of the city owned parcel (Ordinance 216-M), which is owned and utilized by OHM Corporation. 90-209 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 217-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 220-M The approximate 10 acre site (Nesheiwat property) on Highway 50 at the northeast corner of Highway 50 and Hancock Road was pointed out 90-210 on the map, and A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALLVOTE TO ADOPT ORDINANCE 220-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 221-M It was pointed out that this ordinance will annex the 10 acre parcel located on the north side of Highway 50 approximately 1.2 miles east of Highway 27. 90-211 A MOTION WAS MADE BY COUNCIL MEMBER NOROIIIST. SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 221-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 223-M City Manager Saunders explained that this ordinance will rezone the property annexed in Ordinance 220-M (Nesheiwat property) from RR Rural Residential to C-2 Commercial. Mayor Pool called for comments, and Ed Ivey questioned if the request had been heard by the Planning and Zoning Commission. City Manager Saunders stated it had been heard by the Commission and they recommended approval of the request. 90-212 There being no further discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 223-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 228-M It was explained that this ordinance will rezone from R-R Rural Residential to M-1 Light Manufacturing the OHM Corporation property lying on the south side of Mohawk Road and annexed by Ordinance 217-M earlier on the agenda. The property is currently zoned Industrial in the County. OHM Corporation will stay on the site and have plans for expansion of the company at that location. Mayor Pool called for comments and there were none. After a brief discussion of the possible annexation of the Florida 90-213 Power property near this location, A MOTION WAS MADE BY COUNCIL • CITYOF CLERMONT MINUSES REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -6- MEMBER NOROUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 228-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE X267-C City Manager Saunders explained that this ordinance will amend Chapter 16 of the code that provides for the City's Pension Plan, and that the changes are in accordance with the resolution adopted by the Pension Board of Trustees to lower the retirement age for police officers from 60 to 55 for normal retirement and 55 to 50 for early retirement. Mayor Pool called for comments concerning the ordinance and no one spoke in favor of or in opposition to the ordinance. 90-214 A MOTION WAS MADE BY COUNCIL MEMBERDUPEE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOP ORDINANCE 267-C AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 270-C Mayor Pool explained that this ordinance will amend the Chapter 2,. section 7 of our code which provides for compensation of Council Members. Effective December 1, 1991, compensation for Council Members would increase from $175 to $300 per month and for the Mayor's seat from $200 to $400 per month. Mayor Pool called for comments concerning the proposed salary increase. Ed Ivey, who is the recently elected Chief of the Clermont Volunteer Fire Department, stated that he supported the increase, but questioned why the recent pay increase for the Volunteer Fire Department was ignored, which would have increase a drill from $15 to $20 and each call from $7 to $10. He further stated that the entire budget for the Volunteer Fire Department was just over $9,000. In conclusion, Mr. Ivey stated that he felt an amendment to the current budget would be in order with regard to the Fire Department. Nilsa Whitehead questioned how the Council could double its salary when nothing was budgeted for a Parks and Recreation Director. Mark Edwards stated that the Council is placed in a difficult situation when granting itself a pay increase, but did not favor it. He then asked how you put a value on a pay increase unless you tied it to the cost of living. Much discussion ensued concerning the proposed increase with various members citing the number of hours spent on city business as justification and the fact that a more attractive compensation might attract more people to run for Council. Council Member Turville stated that he believed the current pay covers all expenses and that Council Members should not confuse city business with personal choices you choose to make as a politician. • CITY OF CLERMONT 1VIINIJ~ES REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -7- 90-215 After some further discussion of the pay increase, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY TO ADOPT ORDINANCE 270-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. NEW HIISINESS INTRODUCTION OF ORDINANCE 229-M City Manager Saunders explained that this ordinance will establish a fair housing policy for the City of Clermont and was required to apply and be eligible for the Community Development Block Grant funds. Mayor Pool then read the ordinance by title only. Pat McCaffrey asked for a definition of "familial status" and City Attorney Baird briefly explained the definition and the definitions and exemptions 90-216 in Section 4 (d). A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER NORQUIST TO INTRODUCE ORDINANCE 229-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. The final reading of the ordinance will occur in two weeks. CLERMONT WOMEN'S CLUB REVISED LEASE AGREEMENT City Manager Saunders explained that the Women's Club has asked that a formal lease agreement be adopted for the use of their building located on Broome Street. The original lease ran until December 17, 2045, with no stipulations regarding what would happen to the building in case of its demise or who was responsible for the building's upkeep. The new lease agreement will clarify the use of the property through the year 2045 and places the control and responsibility for the building with the Women's Club and releases the City from the responsibility of replacing the building or carrying casualty insurance on the building. 90-21? A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER COLE AND ONANIMOUSLY CARRIED TO ENTER INTO THE LEASE AGREEMENT WITH THE WOMEN'S CLUB FOR THE IISE OF THEIR BUILDING ON BROOME STREET. OHM CORPORATION Robert Mangham, Manager of OHM Corporation, was present to answer any questions concerning the corporation's request. It was explained that if needed, the company wished to purchase, a strip of property from the City of Clermont for its proposed expansion in order to meet either setback or water retention requirements. Unless the City Council placed a condition on their CUP which would require a greater side yard setback, the required side yard setback for M-1 is 12'. In reviewing the requirement, it has been determined that OHM most likely will not need additional property, but would like to have an option to purchase it in case it is needed. It was recommend that the City Council authorize the City Attorney and City Manager to negotiate the sale of the strip of property in the event OHM sees a need for it once their engineering for the • CITY OF CLERMONT ~~~~~~ REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -8- site is completed, with transfer of the property subject to final Council approval. In this way OHM would have an indication from the Council that we are willing to work with them in the event the additional property is needed. After some discussion, it was the consensus of Council that it was in the best interest of the City to work with OHM Corporation should the need for additional property arise. Mayor Pool stated that he looked forward to working with them in the future. RESOLUTION #691 - UTILITY DEPOSITS It was explained that Resolution #691 will increase the City's utility deposit fee from $65 to $75. The adjustment is needed due to the increase in the minimum utility bill, which goes into effect this month to approximately $35. Eight years ago a policy was adopted whereby the deposit would be between two and two and one- half times the average monthly bill. It was pointed out that in most cases when a customer fails to pay their bill or leaves town without paying their bill, they owe for at least two months' usage.Mayor Pool called for comments and no one spoke in favor of or in opposition to the increase. 90-218 A MOTION WAS MADE BY COIINCIL MEMBER COLE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #691 INCREASING THE UTILITY DEPOSIT. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. METER READER PROPOSALS Mayor Pool explained that this year's budget includes funds for the purchase of hand held meter reading devices. Currently we have twenty-seven meter books which require manual recording of the meter readings, which are in turn transferred manually by our utility billing clerk to the computer for billing. Mayor Pool then deferred to Finance Director Van Zile for further explanation. Finance Director Van Zile gave each Council Member a bid comparison sheet and explained that the meter reading device is a small hand- held unit containing programmed routes. The meter reader will punch in the current meter readings, and when finished bring the device to City Hall where it will be downloaded into the computer, which will eliminate the time needed to manually enter the readings into the computer. Three bids were received and after careful comparison, Finance Director Van Zile recommended accepting the low bid of Adapco, Inc. in the amount of $9,238 with an annual maintenance fee of $598. He further explained that $15,000 had been budgeted for the project and an additional $1,900 would have to be expended to purchase the PC needed for downloading and running the program. 90-219 After a brief discussion of the need for the PC, A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE SECONDED BY COUNCIL MEMBER COLE AND TTAT~LTT 1RATiQTV A9ef t1Tl.T ..... ~......._.~ ~___ ____ __ AGREEMENT AND TO PURCHASE THE THE PC IN THE AMOUNT OF $1,900. ® 1~ CITYOF CLERMONT 1VIINIJTES REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -9- PROPERTY PURCHASE City Manager Saunders requested that this matter be tabled until the next Council Meeting. 90-220 A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE CONSIDERATION OF THE PROPERTY PURCHASE UNTIL_THE OCTOBER 23. 1990 COUNCIL MEETING. PALATLARAIiA RECREATION AREA City Manager Saunders reported that he had received numerous quotes for the various plant materials for the plant materials required by the Department of Natural Resources landscape plan for the park. Each Council Member was given a list of plant materials needed to accomplish the design provided by the DNR. It was further reported that the total cost of the plant materials, taking the low quote in each category, was approximately $22,000. Mr. Saunders then stated that he believed that this price could be cut down further and recommended that the Council approve a certain dollar amount for the landscaping materials and then the City would purchase the items at the best price.It was also discussed that the City would use volunteer labor to plant the landscaping materials and that a date and time would be set for the first planting. 90-221 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO BUDGET $20,000 FOR LANDSCAPING MATERIALS FOR THE PALATLARAHA RECREATION AREA. Nilsa Whitehead, Chairperson of the Parks and Recreation Board, stated that it had been planned to hold the first planting on Saturday, October 27, 1990 at 7:30 a.m. at the Park. Everyone present was urged to bring their gloves and shovels and attend the first planting. CHANGE ORDER #1 - SIDEWALK PROJECT WITH HIGHWAY VALET It was reported that approval was needed for Change Order #1 from Highway Valet in the amount of $12,964.50 for Alternates A and D of the bid with payment coming from the FY 1990-91 Infrastructure Fund budget. 90-222 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED APPROVING CHANGE ORDER #1 IN THE AMOUNT OF $12,964.50 WITH PAYMENT FROM THE INFRASTRUCTURE FUND BUDGET. STORAGE AREA - PALATLARAHA RECREATION AREA It was reported that Public Service Director Davis had requested permission to build a covered and fenced storage area at the park to house the new turf maintenance equipment and to construct a fence around the pump house. CITYOF CLERMONT ~~U~'~i~ REGULAR COUNCIL MEETING OCTOBER 9, 1990 PAGE -10- • 90-223 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER NOROIIIST. SECONDED BY COIINCIL MEMBER COLE AND UNANIMOIISLY CARRIED APPROVING THE REQUEST TO CONSTRUCT THE FENCED STORAGE AREAS AND TO PLACE A ROOF OVER THE EQUIPMENT AREA AT A COST NOT TO EXCEED $1,500. There being no further business or discussion, the meeting adjourned at 9:35 p.m. Robert A. Pool, Mayo. Attest: e E. Va ile, City Clerk