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02-27-1996 Regular Meeting CITY OF CLERMONT MINIYrES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 27, 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 Dupee; 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 February 13, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Special Council Meeting Council Members agreed to hold a Special Council Meeting at 6:00 p.m. on Thursday, March 7, 1996 in the City Hall meeting room. City Manager Saunders explained that they will meet with PFM to approve the purchase contract for the bond. Pension Board Meeting Council Members agreed to hold a quarterly Pension Board Meeting at 7:00 p.m. on Tuesday, March 12 in the Council Chambers. Change Order No. 1 for .75 MGD Sewage Treatment Plant City Manager Saunders stated that in reviewing the .75 MGD Sewage Treatment Plant specifications with FabCo, Inc., several items were found that can be deleted, for a CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 Page 2 reduction of $17,922. He requested approval of Change Order No. 1 deleting items totalling $17,922. 96-055 A motion was made by Council Member Dupee, seconded by Council Member Sargent. and carried unanimously to approve Change Order #1 with FabCo, Inc. for a total reduction o£$17,922. Annual League of Cities Awards Night Banquet City Manager Saunders reminded Council Members to make reservations with Ann for the annual Awards Night Banquet by the League of Cities scheduled for March 26. Orlando Rowing Club City Manager Saunders stated that Martyn Dennis, President of the Orlando Rowing Club has asked to use the Jaycee Beach area on Saturday, March 2 for the annual Mayor's Cup Rowing Regatta. They have held this event at Jaycee Beach for several years and understand that construction may be going on. They have not asked for a parking fee waiver. They will bring in extra port-o-lets and clean up the beach area before leaving. 96-056 ..4 motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve the Orlando Rowing Club to use Jaycee Beach for the Mayor's Cup Rowing Regatta on Saturday, March 2. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee extended an invitation to those present to attend the Chamber of Commerce Orange Blossom Breakfast on Friday, March 1 at 7:30 at Jenkins Auditorium. Hospice is sponsoring the breakfast. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 Page 3 UNFINISHED BUSINESS Final Reading of Ordinance No. 300-M City Manager Saunders stated that Ordinance 300-M will rezone Lots 1, 3, 5 and 7 in Block 97 from C-2 General Commercial to Central Business District. Lot 9, Block 97 will be rezoned from R-3 to Central Business District. 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. No one asked to be sworn in. Mayor Pool read Ordinance 300-M by title only. City Manager Saunders stated that this is the Postal Colony land located at the southwest corner of 8th Street and Osceola Street in the Central Business District area and staff recommends that it be rezoned to CBD. 96-057 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carded unanimously by roll call vote to adopt Ordinance No. 300-M. Contour Groves Agreement City Manager Saunders stated that at the last Council meeting the Council approved an agreement with Roper McAllister for the annexation, rezoning, and Comprehensive · Plan changes for their property that was being annexed. A second agreement with Contour Groves, Inc. was not presented because of an oversight. Contour Groves, Inc. are the owners of a portion of the property that was annexed. Therefore, a second agreement is needed which is identical in form to the agreement with Roper McAllister for the Contour Groves portion of the property that was annexed by Ordinance No. 294. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 Page 4 96-058 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the Contour Groves Annexation Agreement. VISITORS WITH BUSINESS Fred Fox Enterprises Community Development Block Grant Administrator Fred Fox of Fred Fox Enterprises reported that he advertised for proposals for title services and received three bids, as follows: Lake Title Services, Inc. Associated Land Title Leonard H. Baird, Jr. '$100 $125 $100 Mr. Fox stated that City Attorney Leonard Baird, Jr. provided this service for the last Block Grant. 96-059 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve Leonard H. Baird, Jr. to provide title searches for $100 each. Mr. Fox stated they advertised for contractors and gent prequalifying packages to contractors for the Block Grant. He reviewed the list of contractors and stated that CBDG Task Force members at their meeting earlier in the evening asked him to contact the County to notify more local contractors. Council Members suggested that Lake County Home Builders Association in Tavares be contacted and a notice be posted at Scotty's and Clermont Builders Supply. Mr. Fox asked for approval of the following contractors: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 Pa~e S Donle Enterprises, Dunnellon Charles Ellrodt Const., Winter Park Morris Const. Services, Wildwood Rodney Pearce Const., Ocala Ion General Contractors, Melbourne Thomas Kelly Const., Tavares Leslie Grabowski Burke, Kissimmee 96-060 A motion was made by Council Member Sargent, seconded by_ Council Member Dupee. and carried unanimously to approve the above contractors list_for the Communi~_ Development Block Grant. Sunset Colony, Resolution No. 899 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to establish a combination theater and restaurant at 528 8th Street which is the previous location of the Postal Colony at the southwest corner of the intersection of Osceola and 8th Street. Mayor Pool read Resolution No. 899 by title only and 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. City Clerk Van Zile swore in the following: Jan Sheldon Dr. John Crofford 17521 S.R. 19, Groveland 637 W. Lake Shore, Clermont Dr Crofford stated they were very excited about the combination theater/restaurant project. City Manager Saunders stated that the requested use is allowed as a conditional use in the Central Business District. City Manager Saunders stated that along with the request are variance requests for 16 of the parking spaces to be 9' rather than 10' wide and a reduction of the total number of required parking spaces from the required 74 spaces to 64 spaces. 17 of the spaces to be provided by the applicant will be through a cross-parking agreement with the adjacent property owner to the south as shown on the enclosed site plan. 17 of the required spaces will be provided through the one-time parking exchange program as indicated in Condition No. 8. The petition indicates that all of the required parking CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 Page 6 for the restaurant is provided and that rarely will the theater and restaurant facility be used concurrently. They also state that the theater use in most cases will be after regular business hours and street parking will be available. City Manager Saunders stated that staff recommends approval of the Conditional Use Permit with the conditions as stated in Resolution No. 899 and approval of the variance requests. The Planning and Zoning Commission also recommended approval of the Conditional Use Request. Jan Sheldon encouraged Council Members to approve the project. She explained there are no performing arts in the schools any longer and this is the right direction. 96-061 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 899 and approve a variance for 16 o_f the parking spaces to be 9' rather than 10' wide, and approve a variance for a reduction of the total number o_f required spaces_from 74 to 64 spaces. Cynthia Wagoner, Variance Request City Manager Saunders stated that the applicant is requesting the following variances for property located southwest of the intersection of Hook Street and Lake Shore Drive: 1) Front yard setback of 25' rather than the 35' required. 2) 88' wide lot where 100' is required at the setback line. 3) 9,314 square feet where 10,000 square feet is required. 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 Cindy Wagoner, 1936 Sunset Lane, Clermont. City Manager Saunders stated that this property is located in an R-1-A zone, however, all of the other houses located south of this lot are in the R-1 District which requires a 75' wide lot, 25' front setback, and lot size of 7,500 sq. feet. Rather than a request CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 Page 7 to extend the R-1 area for this lot, Mrs. Wagoner is requesting a variance to the front yard setback to 25' in order to preserve a large tree located in the rear of the property. Our tree ordinance does state that preservation of an approved tree should be a basis for considering setback requirements. The lot width request from 100' to 88' and the minimum square footage request from 10,000 to 9,314 would be consistent with all the other homes located along this lakefront strip. Mrs. Wagoner stated she understands the lot is unbuildable without the variances. She hopes to build a single-family home on the lot this year. City Manager Saunders stated that this variance was granted in December of 1993 and renewed in 1994. It became void in November of 1995 since construction had not started in one year. Staff recommends approval of the request. 96-062 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve variance requests for property, located southwest of the intersection of Hook Street and Lake Shore Drive for a front yard setback of 25' rather than 35' required, 88' wide lot where 100' is required at the setback line, and 9,314 square feet where 10,000 square feet is required. NEW BUSINESS Introduction of Ordinance 285-C City Manager Saunders stated that this Ordinance will amend our open air sales permit Ordinance to limit any open air sales permits to one permit per calendar year for a period not to exceed 30 consecutive days. In the past our ordinance allowed the Council to approve open air sales permits for greater than 30 days under certain circumstances. This longer open air permit option will now be deleted. The same exceptions will still apply which include open storage of the sale of automobiles, boats, fanning implements and also open air permits in conjunction with established businesses in the Central Business District and shopping centers located in the C-2 zoning districts. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 Page 8 96-063 `4 motion was made by Council Member Dupee and seconded by Council Member Cole to introduce Ordinance 285-C. Bond Anticipation Note, Resolution No. 900 City Manager Saunders stated that Resolution No. 900 provides for $8,060,000 of bond anticipation notes. He explained that it will pay off a $3.5 million line of credit, provide funding for the .75 MGD sewage treatment plant and new lines, lift station improvements and other work needed to relieve the existing sewage treatment plant and increase the capacity in the old plant by one-third. This is a five year bond anticipation note that can be paid off in five years or a bond issue can be entered into at that time. Mayor Pool read Resolution 900 by title only. 96-064 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 900. Bond Resolution No. 901 City Manager Saunders stated that Resolution No. 901 authorizes a $17,000,000 bond issue scheduled for the year 2000 which will pay off the bond anticipation notes to be issued this year and provide additional funding for plant expansion. The resolution does not require the City to issue $17,000,000 of bonds in the year 2000, it provides a plan for the payment of the bond anticipation notes and future expansion. The bonds can be amended or delayed as needed in the future. Mayor Pool read Resolution No. 901 by title only. 96-065 ,4 motion was made by Council Member Sa~ent. seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No, 901. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 1996 Page 9 Bid Award, Clermont Waterfront Park Site Work City Manager Saunders stated that four bids were received for the Waterfront Park parking lot. In addition to the parking lot and intersection improvements at Palm Street and 2nd Street, the scheduled work includes storm water improvements eliminating the direct runoff into the lake from 2nd Street and 3rd Street. This contract will also include the demolition of the old beach house, additional electrical work for the electrical service to the events area and water line and sewer line upgrades for this area. Also included is the refurbishment of the beach with the addition of approximately 2,400 cubic yards of sand. The low bid of $390,733.60 was received from Central Florida Environmental and he recommended awarding the bid to them. Since additional items have been included other than the parking lot, the following funding is recommended: $73,967.65 from the storm water fund, $19,378.60 from the sewer fund, $28,490 from the water fund, and an additional ' $47,110.60 from the general fund. 96-066 A motion was made by Council Member Dupee, seconded by Council Member Norquist, and carried unanimously to award the bid for the Clermont Waterfront Park Site Work to Central Florida Environmental for $390,733.60 with the budget appropriations above listed. There being no further business or discussion, the meeting adjourned at 8:30 p.m. Attest: Robert A. Po~l, Mayor Jos%h E.' Va~Z~le, aity Clerk