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05-28-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COIYNCIL MEETING MAY 28, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 28, 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; Council Member Dupee, and Council Member Sargent. Other officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, 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. MINtVrES The minutes of the Regular Council Meeting held May 14, 1996, Special Council Meetings held April 16 and May 9, 1996 and Workshop Meetings held February 21, April 16 and May 9, 1996 were approved as presented. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee invited those present to make their reservations to the June 21 Chamber Breakfast at 7:30 a.m. to hear the yearly legislative report to be given by Senator Karen Johnson. VISITORS WITH BUSINESS Lawson Wolfe - Parking Variance Request City Manager Saunders stated that the applicant is requesting a variance to our parking requirements for a proposed office building on a heavily wooded lot on the coruer of S.R. 50 and Disston Avenue. 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. Deputy City Clerk swore in Rick McCoy, 713 W. Montrose Street, Clermont. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1996 Page 2 Rick McCoy stated they are requesting 9' parking spaces rather than 10' parking spaces in order to save as many of the trees as possible. City Manager Saunders stated that our tree ordinance states that the preservation of mature trees is the basis of a variance and we feel this would be a better option than reducing the number of spaces. Their request is to allow 44 of the parking spaces to be 9' wide spaces rather than 10' in the east and south parking lots. The west parking lot will be 10' spaces. Staff recommends approval of the request. 96-113 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve a variance for 44 9' parking spaces in the east and south parking lots on the comer of S.R, 50 and Disston Avenue. American Eagle Fireworks City Manager Saunders stated that American Eagle Fireworks is requesting a tent permit for the 10 day period of June 25 to July 5 for the Clermont Shopping Center for the sale of fireworks. Chapter 16 of our Land Development Regulations allows one permit per calendar year for a maximum of three days unless otherwise approved by the City Council. Staff recommends approval of the temporary structure permit as requested. 96-114 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to approve a tent permit to American Eagle Fireworks ir~ the Clermont Shopping Center for the 10 day_ period of June 25 to July 5. Strategic Technologies, Inc. City Manager Saunders stated that Strategic Technologies, Inc. was recently granted a cable television franchise by the City to serve the newly annexed southeast area, with Kings Ridge being the first area to be served. Strategic Technologies have purchased CITY OF CLERMONT ~S REGULAR COUNCIL M~ETING MAY 28, 1996 Page 3 a site and are working with our staff on their site plan for the permanent facilities which include an operations building and antennas which will be located east of Hancock Road south of the City's new sewage treatment plant. The applicant is requesting a temporary structure permit for a period of six months in order to have service available for the first homes to be occupied in the Kings Ridge Development while the permanent facilities are under construction. Chapter 16 of our Land Development Regulations allows a temporary structure under these conditions with approval of the City Council. 96-115 A motion was made by Council Member Sargent, seconded by Council Member Dupee. and carried unanimously to approve a temporal_ structure east of Hancock Road for six months. Smokey Valley Stone Co. - Open Air Sales Permit Variance City Manager Saunders stated that Smokey Valley Stone Co. recently lost their lease where they were located on the east side of U.S. 27 where it intersects with Montrose Street in the VanderMeer strip center. They have purchased a site on U.S. 27 and are working with our Planning Department to build a permanent facility. City Ordinance only allows a 30 day permit for a temporary structure and they are asking for 90 days while their building is being constructed. The applicant owns a site on U.S. 27 at the intersection of Pitt Street and is proceeding with site planning and permitting of a permanent facility on this location. He has been issued a 30-day open air permit for this site and is now requesting a variance in order to extend for a period of three months while the permanent facility is being constructed. 96-116 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously tO approve a 90 day_ open air permit for Smokey Valley_ Stone Co. at U.S, 27and Pitt Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1996 Page 4 Lund Construction, Inc. - Request for Contribution in Aid City Manager Saunders stated that the applicant was recently granted a Conditional Use Permit for construction of a senior housing project on Minnehaha Avenue. One of the required off-site improvements is the extension of a new water main from the Bloxam Avenue water tank to the site for an estimated cost of $80,000. This water main extension is required in order to meet the water requirements for the specific development. In the past the burden has been carried by the developer if it is specifically for the development. Mr. Randy Lund of Lund Construction is asking that their contribution be limited to $20,000. A couple of years ago the City budgeted for this project and because proposed projects were postponed, it was not done. Randy Lund stated that the estimated off-site development costs for the senior housing project are jeopardizing the project. The off-site costs include the water line extension, a wall surrounding the project, and impact fees estimated at $52,000. City Manager Saunders stated that this area is a low pressure area and the water line extension will help increase the pressure and provide additional capacity. An 8" water main is required to meet the needs of the project, however, the City would over-size this line to meet other future needs. The additional cost to over-size the line would be funded by the City. The estimated cost of the 12" line will be between $150,000 and $180,000. He recommended that half of the estimated $80,000 cost of an 8" line be paid by the developer, however payment of the water impact fee can be postponed for 12 months from the issuance of the certificate of occupancy which will relieve the developer of up-front costs. He stated it has been more than a year since the impact fees were estimated and the estimate may be low. Council Members questioned the method of recovering the waterline costs from future developers. City Manager Saunders stated that City Attorney Baird can investigate the possibility of a pro-rata share agreement for future developers. CIT~ OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1996 Page 5 96-117 After considerable discussion, a motion was made by_ Council Member Norquist. seconded by Council Member Dupee, and carried unanimously to accept $20. O00_from Lund Construction, Inc, prior to advertising the water line extension project out to bid as their total share of the cost. Osceola Financial Corp., Resolution No. 905 Mayor Pool read resolution No. 905 by title only. City Manager Saunders stated that the applicant is requesting an amendment to their Conditional Use Permit for an extension of time to continue operation of the bank with temporary mulch parking for their facility located on Grand Highway north of S.R. 50. Mayor Pool stated that the request requires that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. The following were sworn in by Deputy City Clerk Whitlock: Dante Gabriel 1201 S. Orlando Avenue, Suite 200, Winter Park, FL Sheryl Kirst 1031 W. Morse Blvd., Suite 300, Winter Park, FL City Manager Saunders stated that staff has been working closely with the bank on their site plans. There have been some delays regarding off-site right-of-way and improvement requirements, however, the applicant is moving along with the project as quickly as possible. The Planning and Zoning Commission and staff recommend approval of the request. Mayor Pool closed the public heating. 96-118 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution No. 905. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1996 Page 6 UNFINISHED BUSINESS Final Reading of Ordinance No. 311-M City Manager Saunders stated that the applicant is requesting the rezoning of Lot 1, Lakeview Heights Subdivision from R-3-A Residential/Professional to C-2 General Commercial. This property is located north of Highway 50 and lies on the west side of Grand Highway. Our Comprehensive Plan Future Land Use Map designates this lot as Commercial. Mayor Pool read Ordinance No. 311-M by title only. 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. The following were sworn in by Deputy City Clerk Whiflock: Dante Gabriel Sheryl Kirst 1201 S. Orlando Avenue, Suite 200, Winter Park, FL 1031 W. Morse Blvd., Suite 300, Winter Park, FL City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval of the rezoning. Mayor Pool closed the public hearing. 96-119 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Ordinance 311-M. Waterfront Park Bid Award City Manager Saunders stated that he has met a couple of times with Weber Construction and Mr. Williams for the construction of the Waterfront Park buildings. Mr. Weber has found that several items had been left out of the original bid and the price would be very close to the bid of the second lowest bidder. There are several items that are making the project more expensive than it needs to be. He asked permission to continue negotiations with Mr. Weber and also open up negotiations with the second low bidder and work with both contractors. CITY OF CLERMONT MINIY~S REGULAR COUNCIL MEETING MAY 28, 1996 Page 7 96-120 ,4 motion was made by Council Member Cole. seconded by Council Member Sargent, and carried unanimously to approve to continue negotiations with Weber Construction and begin negotiations with the ;yecond low bidder and also to table the item to June 11. NEW BUSINESS Bid Award - Fire Truck City Manager Saunders stated that four bids were received for the new fire truck. Base bids were as follows: Emergency One Three-D Fire Apparatus Southern Coach First-Out Fire Apparatus $117,450 $120,400 $152,600 $ 96,950 City Manager Saunders stated that prices for several options were included with the bids and Fire Chief Bishop is recommending that we take advantage of two options which are the air pack seat for an additional $1,700 and a 1,250 g.p.m, pump rather than the specified 750 g.p.m, for an additional $4,782. Also, the bid price can be reduced by $4,000 in the event the City is willing to make a one-third down payment upon the execution of the contract. Fire Chief Bishop stated that they had contacted several agencies who had purchased similar equipment from First-Out and only a few minor complaints were noted. He stated that if the City purchases the cab and chassis on State contract a possible $3,500 may be saved. City Manager Saunders recommended that the bid be awarded to First- Out Fire Apparatus for $96,950 plus $1,700 for an air pack seat and $4,782 for a 1,250 g.p.m, pump and that staff be authorized to take advantage of the discount for pre-payment if the necessary assurances are received and also have the option to purchase the cab and chassis on State contract. CITY OF CLERMONT IVIINUTES REGULAR COUNCIL MEETING MAY 28, 1996 Page 8 96-121 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to award the Fire Apparatus bid to First-Out Fire Apparatus for $96,950 plus $1,700 for an air pack seat, and $4.782for a 1.250 g.p.m, purnp, and authorize staff to pre-pay and purchase the cab and chassis on State contract if advisable. Change Orders - E-6 Gravity Wastewater Main City Manager Saunders requested approval of Change Orders No. 7, 8, and 9 for Marlon Dunn Construction. All three change orders will decrease the amount owed Marion Dunn. Marlon Dunn was the contractor for the E-6 Gravity Wastewater Main and the company filed bankruptcy near the end of the project. Several items remained to be completed by the City. Change Order//7 will reduce the contract amount by $5,610 which was for the completion of the inverts on 22 manholes. Change Order #8 is for a decrease of $4,030 which is for the additional work on 26 manholes. Change Order/99 is a decrease of $125 for removal of dirt and re-grading. 96-122 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve Change Orders 7, 8. and 9.for Marlon Dunn Construction for the E-6 GraviS_ Wastewater Main. Introduction of Ordinance 312-M City Manager Saunders stated that this ordinance will establish a flat rate for re-use irrigation water for the East Side Water System, where available. Initially, this will only be available in the Kings Ridge Development, but eventually, as re-use water is available, will be expanded to other areas. The flat rate is established at $5.65 per month for each residential unit. Mayor Pool read Ordinance 312-M by title only and stated that the final reading will be June 11, 1996. 96-123 ,4 motion was made by Council Member Sargent, seconded by Council Member Cole to introduce Ordinance 312-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 28, 1996 Page 9 Introduction of Ordinance 313-M City Manager Saunders stated that this ordinance will amend our ordinance regarding skateboarding to allow this activity in City parks. Mayor Pool read Ordinance 313-M by title only and stated that the final reading will be June 11, 1996. 96-124 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to introduce Ordinance 313-M. AUDIENCE COMMENTS Bloxam Avenue John Ray Ward stated that residents of the area were concerned with a lot of speeding traffic especially at 7:30 a.m. and 3:00 p.m. He requested that signs be located on Bloxam Avenue, one at Pitt Street going south and one on DeSoto Street going north. City Manager Saunders stated that Police Chief Tyndal has increased patrol of the area and the additional signs have already been ordered and will be installed next week. There being no further business or discussion, the meeting adjourned at 8:56 p.m. Attest: Clerk April 30, 1996 Mr. Saunders, The residents of west Desoto street between East avenue and Second street request the closing of the street on Saturday May 25, 1996 from 12:00 noon till 6:00pm for the second annual neighbor barbecue and block party. We would like to appear before the city council on May 14, 1996 to make our formal request, and present our neighbor signatures. We thank you for your consideration in this matter. Sincere. ly, ~ipd ~o, ~996 c-[be underalgned reaidenta oft-Il)eat CDecSoto cStreet (beh~een Bast ~venue and cSecond cStreet) berebg requeat the tempomrg c/oaure of°o~)eat ~ecSoto cStreet to trafyqc for tbe pu6voae of a neighborhood b/ockp~rt, q andpicnic, to be beld cSaturde~.q, 9Va, q ~25, ~9~. C-l'be requeated boura for the tempomrg cloaure ~re from IQ:OOpm to O.'OOpm. c-[1)e underat~nd tbe atreet toil/ tben be reopened. 5;;?tddreaa