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07-10-1990 Regular Meeting The Invocation was offered by Mayor Pro Tem Turville followed by the repeating of The Pledge of Allegiance to the Flag _by all present. __ ~ _ _ MINUTES The minutes of the Regular Meeting held June 26';~ 1990 and the--- Workshop Meeting held May 15, 1990 were approved as presented. REPORTS ~ .. CITYOF CLERMONT MINUTES ~. :. REGULAR COUNCIL MEETING ., ~~ _ •• - JUL~t` 10,_ 1990 .. S, -. A Regular Meeting of ...the City Council of the City of~ Clermont was held Tuesday;• July 1Q,. __199'0 in the Council Chambers. The mee•tir~ :.--... 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, Council ,Member Norquist ai3d Council Member Cole. Other ~ City Officials present were Ci ty ~ iKanager Saunders, '"C3 ty Attorney Baird, Finance Director Van Zile, ._ Planning~••-Director Harker, and Deputy City Clerk Brandt. ~-` - z' ~`"~- INVOCATION ,.. y~ CITY MANAGER SAUNDERS' REPORT Y .' 'WORKSHOP' MEETING • _` .. I` , .. V City Manager Sa~znders stated that he would like to hold the first Bud:get'Workshop on Tuesday, July 17, 1990, at 6:00 p.m. in the City Hall ~C®nf~rence Room. It was the consensus of Council that this %.. would be a good time to hold the workshop. '"LEAGUE OF CITIES QUARTERLY DINNER MEETING •~ r _ :_~ .. . The CcSuricil was reminded that the Lake County League of Cities Quarterly Dinner Meeting would be held on Wednesday, July 18, 1990 :~at the Community Building in Eustis. The speaker will be Mike :Sittig from the Florida League of Cities. Those wishing to attend f were•~a•sked to contact Julie by noon on Wednesday. LABOR DAY FIREWORKS DISPLAY The Council was asked if they wished, as in the past, to sponsor the fireworks display for the Labor Day festivities sponsored by the Clermont Area Chamber of Commerce. 90-124 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO SPONSOR THE FIREWORKS DISPLAY AT A COST NOT TO E%CEED $2.000. CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 1990 PAGE -2- PUBLIC SERVICE COMMISSION HEARING It was reported that for those who might be interested in attending, the Public Service Commission would be holding a public hearing on July 19, 1990 in Tallahassee concerning the City's request for expanding the toll free calling area from Clermont to certain listed areas in Orange County. City Manager Saunders briefly explained the notice and stated that it had been recommended that a mail out survey be conducted to see if the customers of Clermont wanted the change, and if the majority did, it appeared that it would result in a non optional flat rate increase of $12 per month for the expanded toll free service area. Due to the ambiguity of the notice, Council Member Turville requested that City Manager Saunders find out exactly what was being proposed. Mr. Saunders stated that he would do so. FINANCE DIRECTOR VAN ZILE'S REPORT CORPORATE RESOLUTION Finance Director Van Zile requested that due to the recent retirement of Robert Smythe, that Preston Davis, the new Public Services Director, be added to the Bank Corporate Resolution allowing his name to be added to the list of those being able to sign checks for the City. 90-125 A MOTION WAS~MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADD MR. DAVIS' NAME TO THE CORPORATE RESOLUTION. COUNCIL MEMBER DUPEE'S REPORT CLERMONT DAY AT BOARDWALK AND BASEBALL After passing around pictures of her recent trip to Germany and Austria, Council Member Dupee stated that the South Lake Press and Kiwanis Club were sponsoring Clermont Day on July 21, 1990 at Boardwalk and Baseball and stated that free tickets were available at the South Lake Press and City Hall for those who wanted them. COUNCIL MEMBER NORQUIST'S REPORT CENTER LAKE Council Member Norquist stated that the weeds around Center Lake needed to be cleaned up, and asked if something could be done to remedy the situation. City Manager Saunders stated that Will Davis from the Water Authority had been down and looked at the lake and would be making a recommendation as to what to do. CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 1990 PAGE -3- Much discussion ensued concerning removing of the duck weed either by mechanical harvesting or by herbiciding. Council Member Turville stated that he felt the nutrient load going into the lake from Highway 50 runoff should be diverted before removing the weeds because he felt that was greatly contributing to the problem. After considerable discussion, City Manager Saunders stated that he would further research the problem and report back to Council with Mr. Davis' findings and recommendation. COUNCIL MEMBER.TURVILLE'S REPORT JAYCEE BEACH Council Member Turville stated that he had received complaints concerning the "Flea Market" atmosphere at Jaycee Beach on July 4th. People were selling ice cream from their cars and general rowdiness took place throughout the day. Mr. Turville then asked that walking police patrols be instituted on Memorial Day, the Fourth of July and Labor Day to tame down the behavior problems occurring at these times. COUNCIL MEMBER COLE'S REPORT WEST BEACH Council Member Cole stated that the grass in the water at West Beach had grown back by the dock and asked if some citizens could 'remove it because snakes had been seen in that particular area. City Manager Saunders stated that it could be removed, but that the cleared area could not be made any larger than it was previously. UNFINISHED BUSINESS ARCHITECTURAL SERVICES AGREEMENT City Manager Saunders explained that the City had been working with Mr. Strollo in developing an initial scope of services and proposed agreement for the first phase of services for the expansion of the Police Department Building. Each Council Member was given a copy of the agreement, and Mr. Strollo was present to answer questions. It was further reported that the initial scope of services will be the preliminary studies and conceptual designs at a lump sum cost of $13,932. The second contract would include the actual design contract for the building and includes the detailed drawings. 90-126 After a brief discussion of the cost, A MOTION WAS MADE BY COUNCIL . MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE ARCHITECTURAL SERVICES AGREEMENT WITH STROLLO ARCHITECTS, INCORPORATED IN THE AMOUNT OF $13,932 FOR THE FIRST PHASE OF SERVICES. ... ~ ... • CITYOF CLERMONT 1VIINUTES REGULAR COUNCIL MEETING JULY 10, 1990 PAGE -4- FINAL READING OF ORDINANCE 222-M - AMENDING THE CITY OF CLERMONT COMPREHENSIVE PLAN Mayor Pool read the ordinance by title only and then asked City Manager Saunders to explain the three amendments to the Comprehensive Plan included in the ordinance. City Manager Saunders stated that consideration of this ordinance had been tabled during the last Council Meeting because the City had not received comments from the Department of Community Affairs concerning the proposed changes. However, their comments have now been received, and there was not opposition to the changes. Mr. Saunders stated that proposed change #1 had been requested by Richard Gallup and would change his property located at 310 Almond Street and described as Block 2, Lots 7 and 8 from the NED-5 designation to the EBD-2 designation. This would allow an increased zoning for his property which would include professional or commercial. Currently the property is zoned R-2 Medium Density, but the NED-5 area does not allow professional offices. It was pointed out that the Planning and Zoning Commission and Staff was recommending that this property and Block 2, Lots 9 and 10 and Lots 69 and 76, Clermont Heights, be included in the EBD-2 district, which would place the dividing line between the two districts along Almond Street. Mayor Pool called for comments concerning this change and no one spoke in favor of or in opposition to the request. It was the consensus of Council to leave this change in the ordinance. City Manager Saunders then explained that proposed change #2 was for an increase in allowable density in the UD-4 district for the southern portion of Block F, Lot 5. There are existing single family homes located on the northern part of Lot 5 and when the criteria for this area was developed, instead of placing the division line for a change in allowable density at the rear property lines, it was placed along the block line which divided this particular vacant property. It was pointed out that originally, the owner wanted to develop the entire parcel into an eight unit per acre development, and without the change , the southern s trip of Lot 5 would be 1 eft a t four unit s per acre. At the time this request was made, the Planning and Zoning Commission and Staff recommend that instead of only the strip being converted to the higher density, the entire Lot 5 be included because in the past, the Department of Community Affairs had criticized our criteria in the UD-4 district due to its many exceptions and divisions made in the area for density and various uses. However, since the original submittal, the developer has now submitted a plan whereby no change to the Comprehensive Plan would be needed because the townhomes will be developed in the southern CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 1990 PAGE -5- • part of the property and the clubhouse and pool built in the northern part to act as a buffer between the development and the residential homes located on Grand Highway. Mayor Pool called for comments concerning this change and no one spoke in favor of or in opposition to the recommendation. 90-127 After scone discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DELETE ITEM #2 FROM ORDINANCE 222-M. City Manager Saunders then explained that proposed change #3 was a request to include the newly annexed six acres of property on south Highway 27 into the UD-2 district. Mayor Pool called for comments and no one spoke in favor of or in opposition to the request. 90-128 A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 222-M AS AMENDED BY DELETING ITEM #2. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. OTHER UNFINISHED BUSINESS City Manager Saunders explained that the remainder of the items of unfinished business placed on the agenda pertained to the annexation of the Fosgate property and related abutting properties and the PUD agreement for the proposed Summit Project. He further stated that it was requested by Jesse Graham, attorney for the developers, that these items be tabled again because during a meeting with Richland Properties earlier in the week a ten day time frame from Tuesday, July 3, 1990 to finalize modifications to their agreements had been set and the outcome of the negotiations was not known at this time. 90-129 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO TABLE THE FOLLOWING ORDINANCES AND RESOLUTION UNTIL THE JULY 24, 1990 COUNCIL MEETING: FINAL READING OF ORDINANCE 219-M FINAL READING OF ORDINANCE 215-M RESOLUTION NO. 665 - THE SUMMIT PLANNED FINAL READING OF ORDINANCE 216-M FINAL READING OF ORDINANCE 217-M FINAL READING OF ORDINANCE 220-M FINAL READING OF ORDINANCE 223-M FINAL READING OF ORDINANCE 221-M UNIT DEVELOPMENT Mr. Neshiewat, who owns property included in the proposed • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 1990 PAGE -6- annexations, asked that he be allowed to see the final plans for the development before their approval. City Manager Saunders stated that the City had not received them as of yet, but when they were received, it would take two to three weeks to review them and Mr. Neshiewat could examine them at that time. NEW BUSINESS BID AWARD Each Council Member was given a bid recap sheet furnished by City Engineer Springstead showing the bidders for the construction of Disston Avenue from Highway 50 to Highland Avenue, the reconstruction of Almond Street from Anderson Street to Highway 50 and the overlay of Disston Avenue from Almond Street to Minnehaha Avenue, which is attached and made part of these minutes. City Manager Saunders then went through each bid and stated that the low bidder, Prairie Construction, in the amount of $123,334.70 was being recommended by City Engineer Springstead for the project. Mr. Saunders continued by stating that the construction of Disston Avenue between Highway 50 and Highland Avenue was initially planned at the time Speedy Wolfe was proposing to construct a new retail business on the east side of this right-of-way, which has since been dropped. However, the street was proposed not only for access to his property and the property to the west, which would eliminate additional commercial curb cuts on Highway 50; but also to relieve traffic on Bloxam and East Avenues by allowing a connection to Highway 50 which would travel north to Pitt Street and eventually connect to Grand Highway through the proposed Highland Estates Subdivision. It was also explained that due to new Department of Transportation stormwater standards, it was necessary to obtain a variance from their stormwater routing requirements in order to construct the project as desired. Otherwise, there would have been a significant increase in the contract price to construct a water detention system to meet the DOT's requirements. The DOT granted the City a variance from the rule, which allows the City to enter its water into the DOT system which flows into the retention area south of Highway 50. City Engineer Springstead informed Mr. Saunders that the City should proceed under the current permit to construct the street because he feels that in the future it will be very difficult, and certainly significantly more expensive to open the street, due to the DOT requirements. Mr. Saunders continued by stating that he had spoken to Mr. Wolfe regarding the project, and he has requested that the City do a special street assessment for the project rather than a lump sum:: payment, whereby the City would pay one-third of the costs of constructing the street and the abutting property owners would pay the remaining two-thirds based upon front footage. Under this • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 10, 1990 PAGE -7- 90-130 method, Mr. Wolfe will pay approximately 50~ of the cost of the street over a five year period, with annual principal and interest payments. After considerable discussion of the proposed street construction and special assessment, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO AWARD THE BID TO PRAIRIE CONSTRUCTION IN THE AMOUNT OF $123,334.70 AND TO ALLOW MR. WOLF TO PAY HIS SHARE OF THE CONSTRUCTION COSTS OF DISSTON AVENUE BETWEEN HIGHWAY 50 AND HIGHLAND AVENUE BY SPECIAL ASSESSMENT OVER A FIVE YEAR. PERIOD USING THE ONE-THIRD, TWO - THIRDS METHOD OF COMPUTING THE SPECIAL ASSESSMENT. City Attorney Baird was directed to draw up the special assessment resolution for adoption at the next regularly scheduled council meeting. BUDGET AMENDMENT - RECYCLING PROGRAM City Manager Saunders explained that the City was planning to begin a curbside recycling program when the new garbage trucks arrive, which should be in early September. He further explained that the City would begin by providing curbside single bin pick up, which will be collected using a trailer equipped with plastic crates and pulled by a truck. Mr. Saunders then requested a budget amendment in the Sanitation Department be approved for the purchase of one pickup truck, two trailers, approximately twenty trailer bins and approximately 1, 000 curbside receptacles at a total cost of $21,000 to be appropriated from Sanitation Fund Reserves. Initially, the 1,000 curbside receptacles will service one section of the City with the other sections being added as the program progresses. The City Manager pointed out that the City will be eligible to receive approximately $4,200 through this year's County Recycling Grant to offset a portion of these costs and that the City will be able to purchase the bins from the County bid. 90-131 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED APPROVING A BUDGET AMENDMENT IN THE SANITATION DEPARTMENT IN THE AMOUNT OF $21,000 WITH PAYMENT FROM SANITATION FUND RESERVES TO PURCHASE ONE PICKUP TRUCK, TWO RECYCLING TRAILERS, TWENTY TRAILER BINS AND APPROXIMATELY 1,000 CURBSIDE RECEPTACLES. EASEMENT City Manager Saunders explained that the City was requesting that Council execute this easement f or a driveway access from the intersection of Magnolia and Fourth Streets for the property located at 430 Minnehaha Avenue, due to the limited access now . :• • CITY OF CLERMONT 1VIINUTES REGULAR COUNCIL MEETING JULY 10 , 19 9 0 PAGE -8- afforded the property when improvements were made to the driveway east of the property. The easement would be granted across the northern half of the closed Magnolia Street right-of-way, which is the access road to the Fourth Street well site. 90-132 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO EXECUTE THE EASEMENT GRANTING DRIVEWAY ACCESS FOR THE PROPERTY LOCATED AT 430 MINNEHAHA AVENUE. FIRE CHIEF APPOINTMENT City Manager Saunders explained that due to the recent retirement of Bob Smythe as Public Works Director/Fire Chief, he would like to appoint Assistant Chief, Carle Bishop, as Fire Chief at a salary of $3, 600 per year, which includes being in charge of the volunteer department in case of a fire, but also the twice monthly training sessions, supervision of equipment maintenance and the filing of all required fire reports. After a brief discussion of the requested appointment and 90-133 compensation, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO APPOINT CARLE BISHOP TO THE POSITION OF FIRE CHIEF AT AN ANNUAL SALARY OF $3,600. PUBLIC COMMENTS Council Member Dupee stated that the Post Office no longer allowed newspaper vending machines to be placed on their property and asked if the City would look into allowing them to be placed on city right-of-way in front of the building. There being no further business or discussion, the meeting adjourned at 8:50 p.m. Robert A. Pool, Ma Attest: Jo an Zile, City Clerk ~°®I~M ~~ IYf~ t~RA1VD~M~ OF VOTII~ COIVI~LIGY rOR COUNTY NIUNICE~L A . N® OTHER LOC~ PUBLIC OFFICERS I.AS'1' NAA1L'-FIRST NAME-MIDULE NAML" NAME OI' BOARU, C'OUNC'IL, COMMISSION, AUTHORITY, OR COMMITTEE Norquist, Kenneth ~ City Couticil AIAILINC~ :\UURL'SS THE Btb-RI). CUUNCII.. COMMISSION, AUTHORITY, OR COMMITTEE ON 53 Sunnyside Drive WHICH I SERVE IS A UNIT OF: }{~ CITY `.': COUNTY 1 E OTHER LOCAL AC;ENCY CITY COUNTY Clermont ~ Lake NAME OF POLITICAL SUBDIVISION: City of Clermont UAl'E ON N'HIC'H VOTE O('('URREU ~ June 26 ~ 1990 MY POSITION IS: :x ELECTIVE ~.. APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. !t applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. ' IF YOU INTEND TO MAKE ANY ATTEMPT'TO',INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE I