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06-25-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, June 25, 1996 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Norquist; Council Member Cole; and Council Member Sargent. Other officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, Finance Director Van Zile, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held June 11, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT League of Cities 70th Annual Convention City Manager Saunders reminded Council Members that the 70th annual Florida League of Cities convention is August 8-10 in Boca Raton and a voting delegate should be appointed. 96-138 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to appoint Ann Dupee as the voting delegate at the Florida League of Cities convention in August. Surplus Vehicle City Manager Saunders stated that the joint County/City auction is this weekend and he requested that a 1984 Ford LTD be declared as surplus property. CITY OF CLERMONT IVIINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 2 96-139 A motion was made by Council Member Sargent, :~econded by Council Member Cole, and carried unanimously to declare a 1984 Ford LTD as su~_ lus. Change Orders - Central Florida Environmental City Manager Saunders requested approval of three change orders for Clermont Waterfront Park Phase I Parking that will increase the contract approximately $8,000. //2 is for additional turbidity barrier of $13,069. //3 for $5,126 is additional asphalt for the parking lot at the Highlander Hut. //4 is a reduction of $10,194 for dewatering. 96-140 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to approve Change Orders 2. 3. and 4for Central Florida Environmental for Clermont Waterfront Park Phase I Parking. Clermont Waterfront Park - Irrigation City Manager Saunders stated that Michael and Michael will have the irrigation plans completed on Wednesday. He asked that the Council approve a deviation from the purchasing policy and allow taking competitive quotes for the irrigation at the Clermont Waterfront Park rather than bids which will shorten the process by about one month. 96-141 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously to take competitive quotes for the irrigation system at the Clermont Waterfront Park. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 3 VISITORS WITH BUSINESS South Lake Chamber - Festival on the Lake City Manager Saunders stated that the South Lake Chamber of Commerce is requesting the use of the Clermont Waterfront Park for the 46th Annual Festival on the Lake during the Labor Day weekend. Plans are for the carnival to operate from Thursday, August 29 through Labor Day, Monday, September 2. The planned events are identical to last year's with the exception that the craft displays will be replaced with an expo, possibly using boats and RV's. The Chamber is also requesting the City to again sponsor the fireworks display as we have in prior years and $2,500 is in this year's budget for the display. 96-142 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the use of the Clermont Waterfront Park for the 46th Annual Festival of the Lake from August 29 through September 2 and to purchase fireworks in the amount o_f $2.5OO for the event. Fred Fox Enterprises David Fox of Fred Fox Enterprises, Inc. explained that the Citizens Advisory Task Force at their May 30 meeting made four recommendations to the City Council. Their first recommendation was that May 30, 1996 be the cut-off date to submit names for the original applicant list. He explained that additional applicants will be listed on a alternate list. 96-143 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously that May_ 30, ]996 be the cut o__ff date to submit names for the original applicant list for the Communi~_ Development Block Grant. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 4 Mr. Fox explained that the second recommendation was that the following list of 20 dwellings (from total list of 43) will be the first group of units to be addressed: Irene Abraham Eileen Beaupry Louvenia Benjamin Susana Brown Beatrice Burt Rose Cheese Bobbie Clark David and Sandra Cox Mildred Gifford Flora Hall Georgia Jefferson William Lott Catherine Mans Ruthie Pace Ricky & Latonya Roberson Emma Jones Roberson Nettie Robinson Amos & Jessie Thomas Susan Washuta Edward & Nilsa Whitehead 847 Disston Avenue 1130 Magnolia Street 579 E. Broome Street 1009 Disston Avenue 749 E. Montrose 1169 W. Montrose 1446 Disston Street 629 1 lth Street 1195 Magnolia Street 1119 W. Montrose 615 Bloxam Avenue 650 E. Juniata Street 965 W. Juniata Street 580 E. Highland Avenue 1017 W. Montrose Street 800 Scott Street 812 Scott Street 520 E. Juniata Street 830 West Avenue 837 5th Street 96-144 A motion was made 'by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the above list of 20 to the the _first group of units to be addressed under the Community Development Block Grant Program. Mr. Fox stated that ten dwellings have been bid and the Citizens Advisory Task Force has recommended that the following seven be approved and awarded, as follows: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 5 Susana Brown Emma Jones Roberson Georgia Jefferson Edward Whitehead Rosetta Cheese Flora Hall Catherine Mans 1009 Disston Ave. Donle Const. 800 Scott St. Donle Const. 615 Bloxam Ave. Donle Const. 837 5th St. Donle Const. 1169 W. Montrose Donle Const. 1119 W. Montrose Donle Const. 965 W. Juniata Donle Const. $21,483.00 $10,165.50 $17,178.00 $31,394.25 $12,039.00 $10,933.00 $19,997.55 96-145 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the above seven bids to Donle Construction. Mr. Fox further stated that the Citizens Advisory Task Force recommended that the bids for the following two dwellings be approved and awarded subject to receiving funding from the Lake County S.H.I.P. program: Irene Abraham Amos & Jessie Thomas 847 Disston Ave. Donle Const. 520 E. Juniata St. Donle Const. $30,422.00 $25,598.70 96-146 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve the above two bids to Donle Construction subject to receiving funding_from the Lake Count_ S. H, I.P. program. Nick Jones, Resolution No. 906 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to convert an existing dwelling for the joint use of residential and professional office. The structure is located at 1330 Bowman Street in a R-3 zone which allows residential and professional uses. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 6 in. City Clerk Van Zile swore in Nick Jones, 1322 Bowman Street. Mayor Pool Read Resolution No. 906 by title only. Nick Jones stated that the dwelling had previously been a professional office for nine years. He asked for consideration on Condition//6 for building a sidewalk to allow the sidewalk to be built when it can be connected at either end. City Manager Saunders stated that the property was previously used as a professional office. Surrounding land uses include a professional office to the north, commercial (Sunnyside Plaza) to the east, and residential to the west and south. The property is located in the EDB-2 District which allows professional office use and it is zoned R-3 which allows residential and professional uses. The staff and Planning and Zoning have recommended approval with the conditions as stated in Resolution No. 906. An amendment can be made to Condition #6 to allow constructing the sidewalk when it can connect at one of the property lines. Mayor Pool closed the public hearing. 96-147 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 906 with Condition #6 amended to allow constructing the sidewalk when it can connect at one of the property_ lines. Alexander Gimon, Resolution No. 907 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for the operation of a professional office and residence at 628 W. Minneola Avenue in a R-3 zone. Mayor Pool stated that the request requires that a Quasi- Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Alexander and Ellen Gimon, 15369 First Street, Seminole, Florida. Mayor Pool read Resolution No. 907 by title only. Alexander Gimon explained that two back rooms will be used as a professional office with the balance of the dwelling to be residential. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 7 City Manager Saunders stated that the property is located on the north side of Minneola Avenue across from Cooper Memorial Library. In the past the structure has been a residence and a beauty parlor. The beauty parlor use was grandfathered in as a non-conforming use but has ceased operation and has lost any grandfather status. The property is zoned R-3 which allows professional office and residential uses. Surrounding land use includes residential to the north, east and west, and Cooper Memorial Library and other commercial uses to the south. Staff and the Planning and Zoning Commission have recommended approval with the conditions stated in Resolution No. 907. Mayor Pool closed the public hearing. 96-148 A motion was made by Council Member Norquist. seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 907. Community Care and Rehabilitation, Resolution No. 908 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to allow the operation of a rehabilitation center and adult day care center on a vacant site located on the northwest corner of 7th Street and DeSoto Street which is in the Central Business District. Mayor Pool read Resolution No. 908 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Carol Badarni, 10501 N. Crescent Lane, Clermont. Carol Badarni stated that she was in agreement with the conditions and looked forward to opening the center. City Manager Saunders stated that surrounding land uses include retail, professional offices, and commercial uses to the north and west, South Lake Hospital to the south, and Jenkins Auditorium to the east. This type of facility and use is permitable under our Future Land Use district. The site plan indicates 17 parking spaces on site, however, condition No. 8 allows for the applicant to take advantage of the Central Business District parking exchange fee if they are unable to meet the required number CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 8 of spaces on site. The staff and the Planning and Zoning Commission recommend approval with the condition outlined in Resolution No. 908. Mayor Pool closed the public hearing. 96-149 A motion was made by Council Member Cole. seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No, 908. Lake County Public Health Center - Resolution No. 909 City Manager Saunders stated that the applicant is requesting to extend their Conditional Use Permit for an additional year. The original Conditional Use Permit granted last year allowed the Lake County Health Department to place a modular building on their site for use on a temporary basis for a maximum of one year. Mayor Pool read Resolution No. 909 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Lake County Commissioner Chairman Welton Cadwell and Fletcher Smith, 315 Main Street, Tavares, 32778. County Commission Chairman Cadwell stated that they are moving forward in acquiring a new facility. This spring they advertised requesting proposals for a new or existing facility. They are looking for a 7,500 square foot facility. He stated they agree with the conditions of the proposed Resolution No. 909. City Manager Saunders stated that at last year's meeting the City Council made it very clear when the Conditional Use was approved that the City routinely denies requests for this type of facility unless actual development or construction is underway for permanent facilities. However, the City Council recognized the unique necessity for the Health Department use and granted the Conditional Use Permit. The City Council cautioned that it was extremely important for the Health Department to immediately proceed with plans for a permanent facility and that the one year time-frame should be met for being under construction. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 9 City Manager Saunders stated that the County did not do what they promised and that neither planning nor construction of a facility has begun. The Planning and Zoning Commission recommend approval of the time extension with conditions as outlined in Resolution No. 909 and has included Condition//2 which states that construction must begin within one year and the temporary building use shall be permitted for two years or until the permanent facility is completed, whichever occurs first. If construction is not begun within one year, the Conditional Use Permit shall become void. The staff recommendation is for denial of the Conditional Use Permit request for time extension because of the adverse precedent being set regarding the extended utilization of a non- conforming structure. County Commission Chairman Cadwell stated that if the extension is not granted, they would not want to be in an adversarial position with the City and would most likely cut back on services. He stated that they will move forward in securing another facility and offered to report to the Council on a quarterly basis. Mayor Pool closed the public hearing. 96-150 After discussion, a motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No, 909 adding Condition #4 to require sla'rting around the modular unit and Condition #5 requiring the Count_ Commission to report on a quarterly basis as to their progress in securing another_facili~_. NEW BUSINESS Bid Award - Sewer Main Cleaning City Manager Saunders stated that eight bids were received for sewer main cleaning of approximately 19,000 feet of sewer mains. The sewer system is 27 years old and clogged lines and sewer backups are starting to occur. An annual program of cleaning sections of the sewer mains to rid them of roots and other debris that cause problems for the system is being initiated. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 25, 1996 Page 10 City Manager Saunders stated that the low bidder is Infrastructure Rehabilitation Services, Inc. in the amount of $10,739.16. Several agencies that have utilized this company before were contacted and excellent recommendations were given. 96-151 A motion was made by Council Member Cole. seconded by Council Member Sargent. and carried unanimously to award the Sewer Main Cleaning bid tO Infrastructure Rehabilitation Services, Inc. _for $1 O, 739.16for approximately 19, O00_feet. AUDIENCE COMMENTS Mrs. Freeman of 1124 W. DeSoto Street reported that the recent rains have flooded this section of DeSoto Street and more storm drains should be installed. City Manager Saunders stated that the engineering was being completed and the project should be out to bid in about a month. There being no further business or discussion, the meeting adjourned at 8:32 p.m. Robert A'7. Pool, Mayor Attest: