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09-09-1997 Regular Meeting CITY OF CLERMONT MINtrrES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 9, 1997 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: Council Member Cole, Council Member Dupee, Council Member Sargent, and Council Member Norquist. Other City officials present were City Manager Saunders, Finance Director Van Zile, and Planning Specialist Shaw-Ogden. INVOCATION The Invocation was offered by Council Member 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 August 26, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Florida Recreation Assistance Grant Check Presentation City Manager Saunders stated that State Senator Cowin will present a $100,000 ceremonial check after the Chamber breakfast on September 19 about 9:00 a.m. and all Council Members and the public are invited for the presentation. Council Workshop Council Members agreed to schedule a Council Workshop Wednesday, September 17 at 6:00 p.m. in the Council Chambers. CITY OF CLER3~ONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 Page 2 COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee invited everyone to a South Lake Chamber of Commerce Business After Hours at Clermont Commons to be held Thursday, September 11, 1997 at 5:00 p.m. The Regional Planning Council Meeting on September 17 includes the DRI for Kings Ridge and Council Member Dupee plans to attend. Jason Turcin was recognized and he discussed his Eagle Scout project of coordinating a group that will replace 27 signs on the Palatlakaha River on September 12 in South Lake County. Mayor Pool thanked Jason for his service to the community. VISITORS WITH BUSINESS ACE Program Evelyn Robinson, South Lake High School ACE Program Coordinator introduced Mrs. McQueen, project coordinator for the art. They propose to work with students from Clermont, Groveland and Mascotte to develop a mural depicting the history of South Lake County which they will present to the Council for approval before painting the mural on a City building. The horticulture classes also propose to landscape the area. Approximately 150 students will be involved. City Manager Saunders stated the ACE program proposes to paint the mural on the south side of the old Public Works building located behind CBS Builders which would be very visible when the Rail Trail is completed. Other visible places that provide a blank wall were discussed. Mrs. Robinson stated they will need to know which wall by January. Council Members agreed the project is very worthwhile and that an appropriate wall will be located within the next few weeks. James McLauchlin - Variance Requests City Manager Saunders stated that the applicant is requesting three variances to allow brick pavers for his driveway approach on the City right-of-way rather than concrete, a 16% slope rather than the allowable 6% for the section on the City right-of-way and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 Page 3 a width of 42'9" rather than 40' allowed for his residence located at 480 E. Lake Shore Drive. 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 James McLauchlin and Marycille McLauchlin, 480 E. Lake Shore Drive, Clermont, Florida. Mr. McLauchlin stated he contacted each of his surrounding neighbors found no one who found disfavor with the driveway. He stated they did not intend to intentionally circumvent any codes of Clermont and they should have obtained a permit for the driveway and he apologized. He stated the 4" Chicago brick lay on 4-6" of limerock compacted. He stated if the City needs to excavate in that area in the future, he would replace the brick at his expense. A slope of 6 % is impossible to obtain for the driveway. The width is 2'9" wider than allowed because he lined up with a wall and he would like to leave it at that width since it would be difficult to reduce the width. City Manager Saunders stated that staff has no opposition to a 16° slope which was there originally rather than a 6° slope and he recommended allowing the 16° slope. Two 20' driveways or one 40' driveway are allowed and there is no hardship to justify any additional'width over and above the allowable 40', and staff recommends denial of the 2'9" extra width. Code requires the part of the driveway that is built on City right-of-way to meet specifications which include 6" of concrete that is reinforced so heavy equipment such as garbage trucks do not create any damage. Brick pavers have been allowed for subdivision entrances and he recommended approval if the minimum specifications are met that were developed in the past for pavers or if minimum specifications are met for roadbed construction. A hold harmless agreement regarding the pavers will be required for any damage to the pavers in the future. James McLauchlin stated if damage occurred in the right-of-way area, he would repair it at his expense. Regarding the width, it will interrupt the flow of the wall coming out from the patio, but it is not a hardship. Council Member Norquist suggested that if the installer will certify that the pavers were installed according to City specifications, the pavers should remain. Also, a hold harmless agreement should be provided regarding possible damage to the pavers. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 Page 4 City Manager Saunders stated that a retaining wall along the south side of the newly constructed driveway has been constructed partially in the City right-of-way which is not allowed because of liability problems and conflicts with utilities. He recommended that the portion of the wall on City right-of-way be removed. Mr. McLauchlin stated that the wall is removable, and it is the best way to retain the dirt and he wouldn't know how to keep the dirt retained without it. City Manager Saunders stated that the retaining wall was needed when the driveway width was doubled and if the 2'9" is removed, a slope rather than a retaining wall is feasible. Mayor Pool closed the public hearing. A motion was made by Council Member Norquist, seconded by Council Member Dupee, and carried unanimously to allow 16° rather than 6° slope, to allow the brick pavers with a certification from the installer that the pavers were installed according to Ci~. specification, and to deny the 42 '9" driveway width variance, for James McLauchlin at 480 E. Lake Shore Drive. Lisa P. Jensen City Manager Saunders stated the applicant is requesting a variance for the setback to rear yard allow a house to be built with a 12' setback rather than 25' at 1456 East 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. City Clerk Van Zile swore in Lisa P. Jensen and Eric Jensen, 1231 6th Street, Clermont, Leif Zetterlund, 130 W. Minnehaha Avenue, Clermont, and John Riley, 120 W. Minnehaha Avenue, Clermont. Mayor Pool stated he has a conflict of interest and will abstain from voting. Lisa Jensen stated they have decided to withdraw the request, however, they would like the Council's comments and suggestions on another proposal. The house will meet all the required setbacks, however, they would like to place the garage over the existing underground structure (bomb shelter). A structural engineer inspected the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 Page 5 structure and stated it is sound and another structure could be built on it. She stated the property is an odd-shaped piece of property. City Manager Saunders stated the City Attorney can inVestigate if the underground structure can be treated the same as an existing structure where the Council has historically granted a variance where no additional encroachments are requested. Lisa Pool withdrew the request and will bring a new plan with the garage structure located on top of the existing underground structure. City Manager Saunders recommended that a fee covering just the cost of the letters to nearby property owners and the cost to re-advertise be charged for the new variance request. A motion was made bY Council Member Cole, seconded by Council Member Sargent, and carried unanimously with Mayor Pool abstaining, to charge a variance re-application fee that covers the direct costs of re- advertising and sending the letters to nearby property_ owners. NEW BUSINESS Introduction of Ordinance 328-M City Manager Saunders stated that Ordinance 328-M will close and abandon a portion of Fairfield Drive which is a section of a road in Kings Ridge Subdivision. This area is being re-platted to allow a change from the original layout. Prior to the new plat being approved, the old street right-of-way must be abandoned. This is for introduction only. Mayor Pool read Ordinance 328-M by title only. A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to introduce Ordinance 328-M Change Order - Amended Change Order//2 for DeWitt Construction City Manager Saunders stated that at the last Council Meeting a change order was discussed for extending a water line on Highway 50 from the Total Eye Care Clinic CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 Page 6 westerly to the intersection with East Jacks Lake Road. The change order amount at that time was higher than we thought it should be so the contractor was asked to review the change order amount and we also requested quotes from two other contractors. A better quote was received from one of those contractors, so a recommendation is made to deny the change order to DeWitt Construction. A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to deny Change Order #2 to De Witt Construction. Bid Award - Highway 50 12" Watermain City Manager Saunders stated one change order amount plus additional two quotes for the 12" water line extension on Highway 50 were received. Quotes were obtained because of time constraints. The low quote is from Boykin Enterprises for $31,999.75. DeWitt Excavating Change Order totaled $34,680.32 and Belleview Underground totaled $38,637.50. City Manager Saunders stated that Coldwell Bankers has offered $14,000 aid in construction for this line to be constructed in order to service a new facility they are building in this location with water. Other property owners in this area were approached regarding paying a proportionate share based on front footage, but they were not interested. Coldwell Bankers do not need this large of a line to serve their project, so there is additional cost involved with providing the 12" line to accommodate future connections. A front foot ordinance will be proposed in the near future that will recoup the City's cost of oversizing line extensions such as this and others in our east system as new connections are made in the future. A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to award the quote of $31,999. 75 to 'Baykin Enterprises for the 12" water line extension on Highway_ 50. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 Page 7 Bid Award - Refurbishment of 100,000 gallon elevated tank City Manager Saunders stated that last year we completed an inspection of the 100,000 gallon water tank and identified work that needed to be accomplished in order to refurbish this tank which is located on Highland Avenue just east of Disston. This refurbishment was advertised for bid and two bids were received as follows: Frank Shelton Utility Service Eagle Tank $124,660 $138,400 The original estimate for this work which was done approximately two years ago was for $100,000. He recommended approval of the bid from Frank Shelton Utility Service for $124,660 along with an additional budget allocation of $24,660 from Utility Reserves for the project. References for this company were checked and they do come highly recommended for this type of work. A motion was made by Council Member Cole, seconded bY Council Member Sargent, and carried unanimously to award the 100, 000 gallon elevated tank refurbishment to Frank Shelton Utili~_ Service in the amount of $124,660 together with a budget allocation of $24,660from Utili~ Reserves. Bid Award - Street Tree Maintenance City Manager Saunders stated that following with our street tree program, $10,000 was budgeted this year for street tree maintenance. A complete street tree inventory was done a few years ago which identified and prioritized maintenance of our street trees in order to provide a healthy urban landscape. The work includes the removal of 5 trees and pruning of 20 trees. Three bids for the work were received, as follows: Pro Tree Service Keith's Tree Service Southeastern Tree $ 9,950 $ 8,000 $18,700 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 Page 8 The bid from Keith's Tree Service should be disqualified because the bid forms were not signed. Therefore, approval of Pro Tree Service, the lowest qualified bidder, for $9,950 was recommended. A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to award the bid for street tree maintenance to Pro Tree Service in the amount of $9,950. UNFINISHED BUSINESS Jenkins Auditorium Fee Schedule City Manager Saunders stated that at the July 22, 1997 meeting the City Council agreed to reduce the rental rate for Jenkins Auditorium for the Clermont/Groveland Square Dance Club. The reduction allowed the club to pay the service club rate from April through September for an unspecified period of time. Since that time we have received additional requests for reduced rates. Staff recommends that the Council reconsider this rate reduction for Jenkins Auditorium. This facility is used by many service organizations and other clubs and the rates that are now established are very low compared to rental rates for similar facilities. We recommend that the Council rescind this rate reduction after this year and charge all organizations according to the established rate structure. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 9, 1997 Page 9 A motion was made bY Council Member Norquist, seconded by Council Member Cole, and carried unanimously to rescind the granting of the reduced rate for Jenkins Auditorium at the July 22, 1997 Council Meeting to the Clermont/Groveland Square Dance Club. Brochure for Required Building Permits and Regulations Council Member Dupee suggested the City publish a brochure such as what Lake County had published that outlines the required permits and regulations. There being no further business or discussion, the meeting adjourned at 8:53 p.m. Attest: Robert A. Pool, Mayor c...46~seph~lerk