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09-25-1990 Regular Meeting• • CITY OF CLERMONT MI1~TiTTES REGULAR COUNCIL MEETING SEPTEMBER 25, 1990 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, September 25, 1990 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Turville, Council Member Dupee, Council Member Cole and Council Member Norquist. Other City Officials present were Finance Director Van Zile, City Attorney Baird, Public Services Director Davis 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 No Minutes were approved because they were not completed. REPORTS FINANCE DIRECTOR VAN ZILE'S REPORT CHANGE ORDER #1 - PRAIRIE CONSTRUCTION It was reported that a change order in the amount of $4, 030 had been received from Prairie Construction Company for work in relation to the Almond Street construction and the Disston Avenue extension. Public Service Director Preston Davis explained the change stating that the fence relocation of 10' was needed to save trees along the Disston Avenue site near the old water tank. 90-193 After a brief discussion, A MOTIONWAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDER #1 IN THE AMOUNT OF $4,030. COUNCIL MEMBER DUPEE'S REPORT LUAU It was reported that the benefit Luau for the Leukemia Society of Lake County was a great success. $8,000 was raised for the patients in Lake County. Mrs. Dupee thanked the Mayor and Keith Mullins of Lakeridge Winery for their work in making the event a success. Mrs. Dupee then stated that the stove at Jenkins Auditorium was not working properly and asked that it be repaired. During the luau the oven maintained a constant 600 degrees and two of the burners did not work. It was also reported that the sink in the kitchen needed to be unclogged. Public Services Director Davis stated that he would take care of this matter. COUNCIL MEMBER COLE°S REPORT Council Member Cole thanked that City for the timely repairs and repaving of Bloxam Avenue and Pitt Street. Earlier in the year both streets experienced severe washout problems due to a torrential rain storm. • • CITYOF CLERMONT 1~IINtTTES REGULAR COUNCIL MEETING SEPTEMBER 25, 1990 PAGE -2- NILSA WHITEHEAD'S REPORT FLAG DISPOSAL CEREMONY - VETERANS PARR Mrs. Whitehead stated that she would like to conduct a flag disposal ceremony on Saturday, November 10, 1990 at 10:00 a.m. at Veteran's Park. The Junior High School Band will play and various Veterans Organizations will participate. It was the consensus of Council to allow this request. Future projects mentioned were an Adopt A Tree Program for the City and obtaining the "Tree City USA" designation for Clermont. Mrs. Whitehead stated that at one time, the City was working on obtaining the designation and asked what happened to the paperwork involved. Finance Director Van Zile stated that he did~not know, but would find out. VISITORS WITH BUSINESS RESOLUTION X690, DANNIE L. WILLIAMS, MIRACLE CHURCH OF GOD - REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING CHURCH AT 1038 SCHOOL STREET Mayor Pool explained that the applicant was requesting a Conditional Use Permit to expand an existing church located at 1038 School Street. The existing church is a single story structure of 1, 232 square feet, and the proposed addition is for 280 square feet which would not increase seating capacity. It was further explained that the City Staff recommended against any expansion that would increase seating capacity due to the existing limitations of the site which currently provides no off street parking. However, since the proposed addition will not increase seating capacity, there would not be any adverse effect of the expansion. Approval was recommended with the following conditions in addition to the standard conditions: 1. Landscape buffer installed according to code which would include perimeter hedge and tree requirement with irrigation. 2. Required on site parking may be grass, but must be delineated. Driveway to be paved with adequate water retention provided. 3. Structure is to be inspected by Fire Marshall for life safety requirements, all requirements must be met prior to any expansion. 4. Structure is to be inspected by Building Inspector and new Certificate of Occupancy issued prior to any expansion. All building code violations must be corrected prior to any expansion. The Planning and Zoning Commission at their September meeting recommended approval with the conditions as stated in Resolution #690. • • CITYOF CLERMONT ~~~~~~ REGULAR COUNCIL MEETING SEPTEMBER 25, 1990 PAGE -3- Anthony Jones, the new Pastor of the Church, then appeared before Council. Mayor Pool asked Pastor Jones if he understood the requirements of Resolution #690. He stated that he understood the requirements, and asked for an extension in order to have more time to raise the funds necessary to meet the requirements. Mayor Pool called for comments concerning the request and no one spoke in favor of or in opposition to the request. Under Council discussion of the request, Pastor Jones was told that he had one year from the date the Conditional Use Permit was signed to begin the work. At the end of the year, if more time was needed, an extension could be granted at that time. 90-194 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #690 GRANTING A CONDITIONAL USE PERMIT TO MIRACLE CHURCH OF GOD TO EXPAND THE CHURCH LOCATED AT 1038 SCHOOL STREET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. HARRY E. AND VIRGINIA PAYNE - REQUEST FOR A VARIANCE FROM REQUIRED SETBACK OF 25' TO 18.21' FOR 310 SEMINOLE STREET It was explained by Mayor Pool that the applicants were requesting a variance from the required setback of 25' to 18.21' for 310 Seminole Street to construct a carport. This is a corner lot located at the corner of Seminole and Ryan Streets, and the City Code requires a 25' setback from both streets. Council Member Turville stated that he believed that no demonstrated hardship existed for the granting of the variance and a carport in this location would extend into the setback line established by the other houses on Ryan Street. Mayor Pool stated that he believed the property owners could construct a carport on the south side of the drive and no variance would be required. Mayor Pool called for comments and no one spoke in favor of or in opposition to the request. 90-195 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER TIIRVILLE AND UNANIMOUSLY CARRIED TO DENY THE VARIANCE REOUEST FOR 310 SEMINOLE STREET. Planning Director Harker stated that he would contact Mr. Payne and inform him of the outcome of his request. NEW BUSINESS INTRODUCTION OF ORDINANCE 228-M Mayor Pool explained that this ordinance would rezone from R-R Rural Residential to M-1 Light Manufacturing the approximately 2.5 acres lying south of Mohawk Road approximately .4 mile east of the intersection of Grand Highway and Mohawk Road. The property belongs to OHM Corporation and is on the October 9, 1990 agenda for • CITYOF CLERMONT IVIINUTE~ • REGULAR COUNCIL MEETING SEPTEMBER 25, 1990 PAGE -4- final annexation. Mayor Pool called for comments from those present and Nilsa Whitehead questioned what was allowed under the M-1 Light Manufacturing classification. 90-196 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 228-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODUCTION OF ORDINANCE X267-C Finance Director Van Zile explained that this ordinance would amend Chapter 16 of the code which provides for the Pension Plan for the City. The changes are in accordance with the resolution adopted by the Pension Board to lower the retirement age for police officers from 60 to 55 for normal retirement and 55 to 50 for early retirement. The ordinance only affects non vested officers. Mayor Pool called for comments and no one spoke concerning the ordinance. 90-197 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 267-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODUCTION OF ORDINANCE 270-C Mayor Pool explained that this ordinance would amend the compensation for Council Members as proposed during a previous workshop, and would not go into effect until January 1, 1992 and will provide for a monthly compensation of $400 for the Mayor's seat and $300 for Council Member seats. Much discussion ensued concerning "just compensation" for Council Members and the types of compensation other municipalities received, such as free water, cars, etc. Council Member Turville stated that he did not support the ordinance. After some further discussion, it was the consensus of Council to have the ordinance take effect on December 1, 1991 instead of 90-198 January 1, 1992, and A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY_COUNCILMEMBER NOROUIST TO INTRODUCE ORDINANCE 270 C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. BUDGET AMENDMENTS Finance Director Van Zile explained that the list of required budget amendments each Council Member had received were for the most part unexpended funds for various projects that should be carried over to the new fiscal year and the amendments should be adopted prior to the closeout of Fiscal Year 1990. Mr. Van Zile then asked if the Council wished to publicly discuss each item, and it was the consensus that it was not necessary. Finance Director Van Zile then referred the Council to item # 8 of the Infrastructure Fund budget amendments and asked that they • CiTYOF CLERMONT ~~~~~~ REGULAR COUNCIL MEETING SEPTEMBER 25, 1990 PAGE -5- change the amount of $42,193 to $46,223 to accomodate Change Order #1 for Prairie Construction which was approved earlier in the meeting. 90-199 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE. SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ADOPT THE BUDGET AMENDMENTS AS LISTED AND AMENDED TO INCLUDE CHANGE ORDER #1 FOR PRAIRIE CONSTRUCTION IN ITEM #8 OF THE INFRASTRUCTIIRE FUND BUDGET AMENDMENTS. BID AWARD - SIDEWALKS Each Council Member received a bid recap sheet and Public Service Director Davis explained the bids and recommended that the low bid from Highway Valet be accepted in the amount of $21,873 for the base bid and Alternates B and C to come from the current budget and a change order would be issued next month for Alternates A and D to come from the next budget. The total bid for the project was $34,837.70. 90-200 After a brief discussion of the bid, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID FOR THE BASE BID PLUS ALTERNATES B AND C FROM HIGHWAY VALET IN THE AMOUNT OF S21,873. 90-201 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $21,873 TO THE PALATLARAHA RECREATION AREA FUND CURRENT BUDGET. There being no further business or discussion, the meeting adjourned at 8:20 p.m. Robert A. Poo , Mayor Attest: E. Van le, City Clerk