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07-13-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2004 The Clermont City Council met in a regular meeting on Tuesday, July 13, 2004 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Ash, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance. REPORTS City Manager Saunders reminded Council of the scheduled budget workshops to be held in the Council Chambers on the dates of July 14, July 15, July 19 & July 20 at 6:00pm ARomey Mantzaris - No Report Council Member Ash - The South Lake Development Center is scheduled to open in August Council Member Caputo -No Report Council Member Mullins - No Report Council Member Renick - No Report Mayor Turville - No Report CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item 1-Bid Approval Bid approval for Sewer Manhole Renovation to J&H Waterstop, Inc. Item 2 - Bid Approval Item 3 - Task Authorization Bid approval for Sewer Main & Lift Station Cleaning to Orange Industrial Service Task Authorization approval of engineering proposal for Boyle Engineering to provide professional services for the Sunburst Lane Water Treatment Plant Expansion Item 4 - Inter-local Agreement Item 5 - Task Authorization Approval of the Joint Participation Agreement between Lake County Water Authority and the City for the Lake Minnehaha Stormwater Improvement Study and Design Project Task Authorization approval of engineering proposal of Famer Barley and Associates to provide the study of the Lake Minnehaha Stormwater Project Item 6 - Budget Amendment City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2004 Request approval to amend the 2003-04 Budget for the Lake Minnehaha Stormwater Improvement Design and Study in the 'amount of $16,040 Item 7 - Interlocal Agreement Approval of the Joint Participation Agreement between Lake County Water Authority and the City for the Lake Winona Stormwater Improvement Study and Design Project Item 8 - Task Authorization Task Authorization approval for Farner Barley to perform the study 'of the Lake Winona Stormwater Improvement Project Item 9 - Budget Amendment Request approval to amend the 2003-04 Budget for the Lake Winona Stormwater Improvement Design and Study in the amount of $10,100 Item 10 - Change Order Request approval of Change Order for Hartman & Associates for East Side Well #4, #5 and West Side Well #5 Item - 11 Facility Use Request Florida FreeWheelers Horrible Hundred Ride Item - 12 Facility Use Request South Lake Animal League Item- 13 Membership Dues Request use of Waterfront Park on Sunday, November 21, 2004 Request use of Waterfront Park on November 5-6 for the 3~d annual Tails on the Trail Dog Walk Request approval to pay membership dues to the West Orange Transportation Task Force with appropriations from General Fund Reserves Council Member Mullins moved to approve the consent agenda; seconded by Council Member Ash. The motion passed with all members present voting "ave." UNFINISHED BUSINESS Variance Request - South Lake Foundation President of the Foundation, Stephen Lee, submitted a letter of request to table the variance until the next scheduled Council meeting. -The request is made due to the absence of one of the Council Members. Charlene Forth, 939 W. Desoto Street, inquired the length of time this item can postponed. Mrs. Forth also questioned whether she can speak to the Council about the South Lake Foundation issue although she is a committee member of the CRA. Attorney Mantzaris stated she can speak to Council as a private citizen however informed Council to make a public disclosure on any information received prior to the hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2004 Council Member Renick asked if letters could be sent out to the residents within 150 feet of the property. City Manager Saunders agreed to have staff send letters as requested. Council Member Renick moved to table to the July 27, 2004 Council Meeting; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". NEW BUSINESS Variance Request- Earl & Dora Lee Conway City Manager Saunders briefed Council on this request to allow a driveway connection constructed of brick rather than concrete required by code, located at 1191 West Lakeshore Drive. Staffis recommending approval along with the hold harmless statement in case the city has to do repair work. City Clerk Ackroyd swore in Steven King, 6804 Lakeview Drive, Yalaha. Mr. King is the paving contractor for the applicant requesting the variance. He questioned the city's code that requires 6 inches of concrete underneath the last portion of the driveway. He requested a code change to have regular paving standards which is an aggregate base underneath the concrete pavers. City Manager Saunders advised Council that staffdisagrees with the paving contractor. Mr. Saunders requested the Council stay consistent with the City standards. Furthermore, staff is concerned with utility lines underneath the pavers. City Engineer Richardson stated recommended complying with the City standards. Attorney Mantzaris clarified the hold harmless agreement is in the event the City has to address any water lines underneath and the city is only required to put it back in accordance with City code. Council Member Mullins moved to grant the variance based upon existing code pursuant to staff recommendation; seconded by Council Member Ash. The motion passed with all members present votin~ Council Member Ash requested staffreview the LDR's to determine whether we can possibly change the regulations requiring concrete aprons. City Engineer Richardson stated staffreviewed the paver issue approximately 4 years and will look into it again. Variance Request- John & Anna Atwater City Manager Saunders stated this request is also to allow a driveway constructed of brick pavers rather than concrete, located at 1293 West Lakeshore Drive. Council Member Mullins inquired about the hold harmless agreement which states that the city will restore it to driveway construction standards as outlined in the LDR's. If the C~ty rewrites the LDR , we may have to change the hold harmless language to restore it to the concrete portion instead of the paver portion. City Attorney stated language could be placed in the LDR's to address the issue. City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2004 Council Member Mullins moved to grant the variance based upon staffs recommendation; seconded by Council Member.dsh. The motion passed with all members present voting "ave ". Ordinance No. 488-M Introduction Mayor Turville read Ordinance 488-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication City Manager Saunders described the exact location which is on the North side of Highway 50 - East of the Florida Power substation. This is for an annexation of 3.7 acres. Council Member Mullins moved introduction of Ordinance 4883/I; seconded by Council Member Renick. The motion passed 4 to 0 on a roll call vote with all members present voting "ave ". Ordinance No. 489-M lntroduction Mayor Turville read Ordinance 489-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. City Manager Saunders stated this ordinance would rezone the property of Ordinance 488-M from UE Urban Estate to C-2 Commercial District. Council Member M~_d!ins moved introduction of Ordinance 489M; seconded bp Council Member Renick. The motion passed 4 to 0 on a roll call vote with all members present voting "ave ". Lost Lake Center Utilities Request city Manager Saunders stated this retail center is planned for the west side of US 27, north of Anderson Hill Road and south of DJ's Auto Repair. The applicant is requesting a utility agreement to be connected to the sewer system. It is a standard utility agreement with additions to the agreement to include annexation prior to the C.O. being issued and pay the city's impact fees. City Attorney Mantzaris stated the change to the agreement would be on pag~ 2, section 3.1. Remove the f'~t sentence of that section and replace with "OWNER shall apply for annexation into the City of Clermont prior to the issuance of a Final Certificate of Occupancy and shall pay to the City upon completion of the annexation all current applicable City impact fees. All land transfers will contain a deed restriction or covenant noting the existence of this requirement to annex, such restriction to be recorded as a covenant to run with the land." Mayor Turville opened the public hearing. Jason Stringfellow, 1455 W. Lakeshore Drive, Clermont, informed Council he has no problems with developing to City standards or to the proposed changes. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 13, 2004 Council Member Mullins moved approval of agreement as amended; seconded by Council Member Ash. The motion passed with all members present voting "ave ". Mayor Turville stated this is the end of the published agenda and opened the floor for comments. Charlene Forth, 939 W. Desoto Street, inquired about the downtown flooding problem. City Engineer Richardson explained the City has a new engineer due to having problems with the former engineering firm. The new engineering firm will begin survey work in two weeks. The project has been approved and is underway. The new firm is Famer & Barley. Mrs. Forth questioned why Springstead Engineering, the former engineering fu'm was not made to correct the problem. City Manager Saunders clarified they were hired to correct the problem and Springstead Engineering was not the original engineer. Hartman and Associates was the original engineer for the streetscape project and that is when the additional stormwater problems occurred. Their direction was to do a minimal amount of stormwater changes because the grant did not cover major stormwater improvements and those were unforeseen problems that occurred after construction took place. Springstead Engineering was hired to review the overall drainage in the downtown area to determine what improvements needed to be made to handle all the stormwater in the downtown area. Charlene Forth also informed Council of the Tiki Bar located at West Avenue and Desoto Street played music loudly outdoors beyond 1:00am. They are also serving food and drinks outdoors. Joe Janusiak complained about children riding bikes and scooters at night when drivers cannot see them. Chuck Forth, 939 W. Desoto Street, stated the City garbage trucks have an open waste valve and when it compresses, it drains onto the street. He requested the City return and wash down the area. Specifically it is noticeable in the area around the 900 block of Juniata. ADJOURN: With no further comments, the meeting was adjourned at 7:57pm. ATTJ~ST: .'"'" / Tracy Ac~r~yd', City Clerk APPROVED: