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03-23-1982 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR MEETING March 23, 1982 A Regular Meeting of the City Council of the City of Clermont was held on March 23, 1982 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Hoskinson, with the following Councilmen in attendance: Michael Conley, Robert Pool, Dennis Thomas, and Hal Turville. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Secretary Brandt. The Invocation was offered by Councilman Thomas, followed by repeating of the Pledge of Allegiance by all present. MINUTES A motion was made by Councilman Pool, seconded by Councilman Conley and unan- imously carried that the Minutes of the March 9, 1982 Regular Meeting be ap- proved with the following amendment: Motion 82-35 was amended to read A MOTION WAS MADE BY COUNCILMAN THOMAS AND SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED. A motion was made by Councilman Pool, seconded by Councilman Conley and unanimously carried that the Minutes of the March 16, 1982 Workshop Meeting be approved as presented. CITY MANAGER'S REPORT WELL - MINNEHAHA AVENUE City Manager Forbes reported that the new well on 4th and Minnehaha is scheduled to be approved by the Department of Environmental Regulation on Thursday. Once the well is approved by the State, a change order to complete extensions numbered 2 and 12 (Lake Sunnyside area, and Highway 50 from Disston to Bloxam) must be signed to complete the water system improvements. Work on these extensions had been withheld until the well was approved; but had been previously approved by the Council. BROOME STREET City Manager Forbes stated that the work on Broome Street is now complete, except for the improvements to the retention areas. The City will be required to pay Mr. Art Eikert $500.00 for an easement to allow us to use the retention area. TOWN HALL MEETING City Manager Forbes recommended that a Town Hall Meeting be conducted on April 27, 1982 in Jenkins Auditorium with the following agenda: Parks and Recreation Programs, Jaycee Beach Fees, Water System Improvements, Sewer System Improvements, Utili~y Rates, and Citizen Concerns. It was the consensus of the Councilmen present that this meeting should be held; and that City Manager Forbes should set the time and place proper notice in the local newspapers. LEO CREECH RETIREMENT 82-43 City Manager Forbes reminded the Council that Leo Creech will be retiring at the end of March and requested that Mr. Creech be granted 75% accrued sick leave pay upon retirement. A MOTION WAS MADE BY COUNCILMAN TURVILLE, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED THAT MR. LEO CREECH BE GRANTED 75% ACCRUED SICK LEAVE PAY UPON RETIREMENT. MRS. E. J. McCARTHY PROPERTY 82-44 City Manager Forbes stated that the McCarthy property (Lots 9, 10 Block 76) behind the old library is for sale; and wished to know the City's position with regards to purchasing this property. After some discussion, it was the consensus of the Council that Mr. Forbes should write a letter of intent to Mrs. McCarthy and that the property should be appraised before any decision to purchase this is made. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT THE CITY MANAGER BE AUTHORIZED TO SEND A LETTER OF INTENT TO MRS. McCARTHY AND HAVE THE PROPERTY APPRAISED. e CITY OF CLERMONT e MINUTES REGULAR MEETING March 23, 1982 Page -2- SWIM PROGRAM FOR JAYCEE BEACH City Manager Forbes stated that Mr. Steve Nielson and the Lions Club of Clermont have done an outstanding job for the past two years operating our swim programs at Jaycee Beach. Mr. Nielson has requested that the City construct swimming platforms in the lake, past the posts that identify the beach area. City Manager Forbes stated that several things must be taken into consideration before allowing the platforms: (1) A DER permit is required, (2) The lake water level fluctuation may pose a liability problem for the City, and (3) Our insurance representative should look over the situation to clarify the liability matter. After much discussion, it was the consensus of the Council that City Manager Forbes should look into the alternatives listed above and report his findings at the next Regular Council Meeting. MAYOR'S REPORT CAPITAL IMPROVEMENT PLAN 82-45 Mayor Hoskinson stated that the Capital Improvements Plan which was reviewed at the March 16, 1982 Workshop Meeting should be accepted as a report and updated yearly; to be used by the City Staff and Council for long range policy direction. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED THAT THE CAPITAL IMPROVEMENTS PLAN BE ACCEPTED AS A REPORT, AND UPDATED YEARLY FOR LONG RANGE POLICY DIRECTION. CLERMONT HOTEL 82-46 Mayor Hoskinson stated that tomorrow was the deadline for renovations on the Clermont Hotel and wanted to know what action would be taken if Mr. Buttitta does not meet this deadline. Mayor Hoskinson stated that condemnation proceedings should begin if the deadline is not met. City Attorney Baird stated that in order to file condemnation proceedings, the building must be a hazard to health and wel- fare. Mr. Buttitta had corrected violations found by the Health Department. After much discussion, it was the consensus of the Council that the Clermont Hotel should be inspected by the Building Inspector to see if the hotel violates Clermont's Housing Code. If the building is in violation; condemnation proceedings will be initiated. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT CONDEMNATION PROCEEDINGS WILL BE INITIATED AGAINST THE CLERMONT HOTEL IF IT IS FOUND TO BE IN VIOLATION OF CLERMONT'S HOUSING CODE. COUNCILMAN POOL'S REPORT Councilman Pool stated that two (2) new nets are needed at the City tennis courts. It was the consensus of the Council that the nets should be replaced; and City Manager Forbes was instructed to purchase the nets. CENTENNIAL COMMITTEE 82-47 Mr. Oakley Seaver appeared before the City Council, representing the Clermont Centennial Committee. The Committee has chosen April 1 - 7, 1984 as Centennial Week in Clermont. Mr. Seaver briefly presented some of the events planned for Centennial Week. He also requested a $200.00 donation from the City to begin the Committee's work. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED THAT THE WEEK OF APRIL 1 THROUGH 7, 1984 BE DESIG- NATED CENTENNIAL WEEK AND THAT A DONATION OF $200.00 BE MADE TO THE CENTENNIAL COMMITTEE. ROY HEILSCHER'S BOAT DOCK REQUEST FOR LAKE WINONA 82-48 Mr. Roy Heilscher was present requesting that he be allowed to build a public boat dock across the street from his home on City property. After much discussion considering the liability aspect and parking problems, whether the property will be used for public use and other issues, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND CARRIED BY A 4 to 1 VOTE TO DENY CONSTRUCTION OF A PUBLIC BOAT DOCK ON CITY OWNED PROPERTY BY MR. HEILSCHER. COUNCILMAN POOL OPPOSED THIS MOTION. THE ISSUE IS TO BE PRESENTED TO THE PARKS AND RECREATION BOARD FOR THEIR RECOMMENDATIONS FOR FUTURE USE. BOND VALIDATION: RESOLUTION NO. 394 e CITY OF CLERMONT e MINUTES REGULAR MEETING March 23, 1982 Page :""3- BOND VALIDATION: RESOLUTION NO. 394 CONTINUED 82-49 City Manager Forbes explained that this resolution establishes the authority for issuance of $700,000 principal amount of Water and Sewer Revenue Bonds, Series 1982 to finance a part of the costs for the acqui- sition, construction and erection of landspreading improvements to the municipal sewer facilities of the City of Clermont. Mr. Forbes stated that he thought a $201,000 reserve fund for a bond issue of $700,000 with monthly payments of $1,625 was quite high. City Attorney Baird explained that the monthly payment of $1,625 was a cumulative total reserve required for the 1975, 1980, and 1982 bond issues. He stated that $1,625 per month and a reserve of $201,000 was the maximum payment required of all three issues. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 394 - BOND VALIDATION. Voting was as follows: Councilman Pool, aye; Councilman Conley, aye; Councilman Thomas, aye; Councilman Turville, aye; and Mayor Hoskinson, aye. ORDINANCE 222-C - STREETS AND SIDEWALKS Ordinance 222-C was presented by title only for final reading by Secretary Brandt. Mayor Hoskinson amended Sections 19-34 and 19-36 of the Ordinance by deleting the words "on or over the front door". After consideorable discussion of Sections 19-16, 19-23, 19-46, 19-47, and 19-48; and clarification by City Manager Forbes; A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY APPROVED BY ROLL CALL VOTE TO ADOPT ORDINANCE 222-C STREETS AND SIDEWALKS AS AMENDED. Voting was as follows: Councilman Turville, aye; Councilman Thomas, aye; Councilman Conley, aye; Councilman Pool, aye; and Mayor Hoskinson, aye. ORDINANCE 223-C - TRAFFIC 82-50 Ordinance 223-C was presented by title only for final reading by Secretary Brandt. City Manager Forbes briefly explained the Ordinance and introduced Mr. Buck Evans of the Planning and Zoning Commission who presented several changes that should be made to Section 23-3 of the Ordinance, beginning with Line 11. A lengthy discussion of GVW and GVWR followed. Mayor Hoskinson suggested changing the terminology grove vehicles to agricultural vehicles. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN POOL AND C~RRIED UNANIMOUSLY THAT ORDINANCE 223-C TRAFFIC BE TABLED AND REFERRED BACK TO THE CITY PLANNING AND ZONING COMMISSION. RESOLUTION 393 - CONDITIONAL USE PERMIT 82-51 Resolution 393 is in conjunction with a Conditional Use Permit to add a :125 square feet room to a house which was approved by the Planning and Zoning Com- mission of the City of Clermont at its meeting~ held on March 2, 1982. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED UPON ROLL CALL AS FOLLOWS, THAT RESOLUTION NO. 393 BE ADOPTED: Councilman Turville, aye; Councilman Thomas, aye; Councilman Conley, aye; Councilman Pool, aye; and Mayor Hoskinson, aye. BID AWARD - AIR PACKS 82-52 City Manager Forbes explained that the bids for four Self Contained Breathing Apparatus had been received, and that the low bidder met all of the specifications required by the City. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCIL- MAN CONLEY AND UNANIMOUSLY CARRIED THAT THE LOW BID BE AWARDED AS FOLLOWS: Safety Equipment Company $4,320.00. BID AWARD - DIESEL TRACTOR WITH OPTIONS City Manager Forbes explained that the bids for a diesel tractor, including options had been received, and that the low bidder met all of the specifications required by the City. Councilman Turville noted that there was a very small price e CITY OF CLERMONT e MINUTES REGULAR MEETING March 23, 1982 Page -4- difference between the low bidder which was Japanese-made and the second lowest bidder which was American-made; and wondered if it would be appropriate to award the bid to another company. He also wanted to know if the City had any experience with Kubota Tractors. City Manager Forbes explained that the City has two Kubota Tractors in use; and is very satisfied with their per- 82-53 formance. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED THAT THE LOW BID BE AWARDED AS FOLLOWS: Shelfer Ford Tractor (Kubota) $9,690.00 BID AvlARD - REPLACEMENT OF MID-MOUNT 60" MOWERS City Manager Forbes stated upon the recommendation of the Public Works Director that all mower bids be rejected because a Deck Assembly could be pur- chased at a lower price than two new mowers. The low bidder for the mowers was given an opportunity to bid on the deck assembly, but could not obtain the unit. Therefore, it was recommended that the City purchase two (2) Deck Assemblies from 82-54 Shelfer for the price of $775.00 as quoted. A MOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED THAT THE CITY PURCHASE TWO DECK ASSEMBLIES AT A COST OF $775.00 FROM SHELFER FORD TRACTOR. INTERLOCAL AGREEMENT WITH THE COUNTY - BOAT RAMP IMPROVEMENTS City Manager Forbes explained that the County has awarded the City of Clermont a grant from State Boating Improvement Funds for boat ramp repairs, breakwater con- struction, and channel deepening at Jaycee Beach. The County must complete a full application for the State's approval, write specifications and let bids for the improvements before the funds can be spent. If the City does accept these funds, the boat ramp must be uedicated to', public use for twenty-five years and the City must charge the same fees for all citizens who use the beach. After some discussion, it was decided to discuss the beach fees at the Town Hall Meeting in April. It was also decided that the words "and maintain it" be deleted from the Interlocal Agree- 82-55 ment before it is signed. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUN- CILMAN THOMAS AND PASSED UNANIMOUSLY THAT THE INTERLOCAL AGREEMENT FOR BOAT RAMP IMPROVEMENTS BE ACCEPTED WITH THE WORDS "AND MAINTAIN IT" DELETED. INTRODUCTION OF ORDINANCE l44-M - UTILITY RATES Ordinance l44-M establishing a rate schedule for water service, sewer service, and sanitation service was introduced by title only by Councilman Pool. MR. RAY McMAHON Mr. Ray McMahon appeared before the Council as a citizen of Clermont who is concerned with the safety of our children. Mr. McMahon praised our local Police Department for its quick actions in eliminating a safety hazard. He also discussed the possibility of a Safety Committee for the City. The Meeting adjourned at 9:25 p.m. ,I ~~~7~~ es M. Hoskinson, Mayor