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02-18-2005 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING • February 8, 2005 The Clermont City Council met in a regular meeting on Tuesday, Februay 8, 2005 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 Mullins, Goodgame, Ash 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 Pledge of Allegiance. MINUTES City Council Meeting held December 14, 2004 Council Member Mullins moved acceptance ofDecember 14 minutes as written • seconded by Council Member Renick. The motion passed with all Members present voting "aye ". REPORTS City Manager Saunders scheduled the next Council workshop for February 16 at 6:OOpm. City Attorney Mantzaris - No Report ~ouncil Member Ash attended a Special Meeting of the MPO in which they voted to send a letter to the Governor requesting a decision be made on the Beltway to Orlando in the area of the Wekiva River basins and to specify the land to be purchased by the state. Lake County is set to make a rezoning decision on part of the land however they are hesitant until they know where the Governor stands on the issue. Ms. Ash requested the City Council write a letter to the County Commission asking they oppose rezoning of the 1500 acres known as the Neighborhood Lakes area as this is an area that should not be open to residential zoning. Cecelia Bonifay represents the land owners and requested the Council not take action. City Attorney Mantzaris advised the Council is not taking action on the matter; only stating an opinion. Council Member Ash requested the Council to object to the rezoning of the property regardless of the Wekiva. This is to protect wildlife and the underground water resources. Furthermore, it is too close to the water supply in the area to have land designated for residential occupancy. Mayor Turville stated the Council has an opinion and suggested a motion that we are concerned about a premature rezoning of the property. Furthermore, there are other issues to be resolved prior to making a decision. Council Member Renick moved to make that motion ~ seconded bX Council MemberAsh. The motion passed with all members present voting "aye ". Council Member Goodgame attended the County Library meeting and expressed disappointment in the overall meeting. Both architects present had not met to communicate before the meeting. He proposed a letter be written to the County advising of the .disappointment of the meeting. . City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2005 Mayor Turville stated he spoke with Mrs. Wendy Breeden, Library Services Director, after the meeting and showed her the location of the Library in relation to public parking. She then realized there was more parking. He suggested writing a positive letter to encourage her and specify the parking advantages of the site and water retention advantages of the site to lend a positive ear as it relates to our community. Council Member GoodQame moved to have the City Manager prepare a letter on behalf of the Council on a positive note about the library meeting and to include endorsement for the Downtown Partnership; seconded b~Council Member Mullins. Furthermore Mayor Turville suggested including a perspective on land values in our community. The motion passed with all members present voting "aye ". Council Member Mullins complimented the annual Chamber banquet and noted the organization is growing. Council Member Renick mentioned an important meeting to be held this Friday at Lost Lake Elementary at 6:30pm. Lake County will be reviewing the Comprehensive Plan. .PROCLAMATION Mayor Turville read the proclamation aloud proclaiming February as American History Month. Mayor Turville reviewed changes to the agenda as it relates to items that have been withdrawn or tabled. Ordinance 499-M Council Member Mullins moved to table Ordinance 499-M to April 12 • seconded by Council Member Goodgame The motion passed with all members present voting "aye ". Ordinance 500-M Resolution 14II The applicant requested Ordinance 500-M and Resolution 1411 be withdrawn. Ordinance 504-M The applicant requested to postpone to March 8, 2005. Council Member Mullins moved to table Ordinance 504-M to March 8`" • seconded by Council MemberAsh. The motion passed with all members present voting "aye ". Ordinance 505-M •I'he applicant requested to postpone to March 8, 2005. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2005 Council Member Mullins moved to table Ordinance SOS-M to March 8``` • seconded by Council MemberAsh. The motion passed with all members present voting "aye ". Ordinance 506-M The applicant requested to postpone to March 8, 2005. Council Member Mullins moved to table Ordinance 506-M to March 8`h • seconded by Council Member Ash. The motion passed with all member resent voting "aye ". 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 Budget Amendment Request approval to amend the Public Services 2005 Budget in the amount of $8,917.40 for a Traffic Signal at Fire Station #2 Item - 2 Event Request Item - 3 Surplus Property Item - 4 Bid Award Request by East Ridge High School Chorus to sponsor a Bingo activity at Jenkins Auditorium for a fund raiser for the School Chorus Declare old Fire Department equipment as surplus for auction Bid approval for Downtown Drainage Project far $130,130.32 Council Member Goodgame noted on item 1 the amount in the budget is $40,000 and is increasing that amount by $8,917.40. Council Member Mullins requested to pull item 2 from the consent agenda. Council Member Good ame moved to a rove consent a enda items 1 3 and 4 • seconded b Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Mullins questioned a conflict on that date with another function at Jenkins Auditorium. City Manager Saunders suggested approval based on availability. Council Member Mullins so moved • seconded bxCouncil Member Goodgame. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Resolution No. 1420 Mayor Turville read Resolution 1420 aloud by title only. 3 • City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2005 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a retail store and game room to occupy over 3,000 square feet of space in the Central Business District. Planner Henschel informed Council of the request for a CUP to allow a business to occupy over 3,000 square feet in the Central Business District. The applicant is Jeff Williams with Unity Entertainment. This is to operate a hobby store out of a 4,300 sq. ft. building. The building is currently vacant and is located at 738 8"' Street. The prior business, Antigua Furniture, operated with a Conditional Use Permit to operate as a retail/hobby store over 3000 square foot. The applicant currently operates a business in the Central Business District and is in need of additional space. Staff is concerned with parking as there are not any parking spaces on-site. Staff recommends approval being that the City of Clermont's public parking lot is nearby and on street parking in front of the business. Planner Henschel recommended adding one (1) condition to section 3 for an additional 4 parking spaces that the applicant would have to purchase into the city parking lot fund. Jeff Williams stated that the current client tends to be a younger person therefore parking is not an issue. However, people of all ages are looking for more entertainment opportunities. He expects more adults once they move into the new facility. Therefore, parking is a concern. He expressed concern with the cost of parking spaces which equates to $6,000 for 4 spaces. If granted the Conditional Use Permit for the site, he will inform his customers to use the municipal parking lot and parking in the private lots could result in being towed. Mayor Turville opened the public hearing. Bill Banzhaf, 931 W. Montrose, spoke on behalf of the Clermont Downtown Partnership. This is a small establishment trying to increase business in the downtown area. Parking is an issue and suggested approaching the Methodist Church for parking during non-church hours. Mayor Turville inquired whether there is an agreement with the Methodist Church on using their property. City Manager Saunders noted there is not a current agreement with the church. Council Member Mullins asked if Mr. Williams was able to lease 4 to 5 parking spaces from the church, would he not have to pay the City $6,000. City Attorney Mantzaris stated the applicant would have to go through the variance process. City Manager Saunders concurred with Mr. Mantzaris. He reminded Council the most frequent complaint from the downtown merchants is the lack of parking. The Council has amended the code to decrease the amount of required parking in the Central Business District and grandfathered each existing building with a certain number of spaces which this applicant was given credit. Also, the price established of $1,500 is only about 1/3 of the cost of creating that parking space. Council Member Renick recommended tabling until the applicant can pursue a parking arrangement with the church. Mr. Williams agreed to the recommendation. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2005 City Attorney Mantzaris stated the Council could approve it as written, allow the applicant to make other arrangements then return to apply for a variance on the parking portion. City Manager Saunders replied if the applicant worked out a deal with the church, he would have to request a variance for off site parking which would take 30 days. Mr. Mantzaris is suggesting approving the CUP as written then if a deal is worked out with the church; the applicant will be back in 30 days for the variance, not for the CUP. If he cannot work out an agreement, he can decide to buy into the parking or request another variance to be relieved of that parking requirement. Council Member Ash suggested staff discuss the possibility of the City leasing parking spaces from the church. Council Member Mullins moved adoption of Resolution 1420 as amended' seconded by Council MemberAsh, The motion passed with all Members present voting "aye ". NEW BUSINESS Variance Request Planner Henschel explained the variance request from Ronald Behnken for a single family residence located at 1900 Lakeshore rive which is at the intersection of Hooks St. and Lakeshore Dr. The applicant has requested a building permit to construct a ~wimming pool within the 100 year floodplain. In November 2004, the applicant obtained a variance to construct a seawall within the 100 year floodplain to protect his house from encroaching flood water. Staff is not in support of the proposed swimming pool construction. By increasing the impervious surface area, the applicant subjects himself and surrounding property owners to further flooding issues. The house already encroaches into the floodplain, and further construction would increase a nonconforming use which is not permitted by code. Mr. Behnken, the applicant, was present requesting approval of the variance request. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Ash opposed building in the 100 year floodplain and stated her reason for voting in favor of the seawall was to protect the home. Council Member Renick stated that she does not view this request as a hardship; therefore, she is not in favor of granting the variance. Council Member Mullins expressed concern of it being too close to the lakes. Council Member Renick moved to deny the variance request• seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Utility Agreement -Bailes Holding LLP ssistant City Manager Gray informed Council of the request for water and sewer services outside of the city limits for 23 ~cres located south of Hartwood Marsh Rd east of Hwy 27. The applicant is Steve Richey and the owner is Bailes Holding LLP. • City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2005 The request for water and sewer service is to a self storage, commercial retail and professional office project. The property is located within the City's water and wastewater service area. It is adjacent to the City on the west and north side. On June 22, 2004, staff brought this project to the Council for a JPA review. The Council recommended opposing the rezoning of the property to commercial use and provided a comment to Lake County that our intent is to have this property become part of the City. However, the applicant proceeded with the original project as presented and requested rezoning from Lake County. Lake County approved the rezoning to Planned Commercial with C-2 uses. Staff has met with the applicant and have agreed to meet all City standards. City Engineer has determined that we have the available capacity to serve this project. If the utility request is approved, the agreement would be conditioned upon annexation into the City due to the property being contiguous. The project will be developed pursuant to the utilities service agreement. Charles Bailes, Jr., owner was present asking approval from the Council. He has met with City staff and is willing to annex and work with the City. Gerard Turner, Kings Ridge resident, opposed commercial property at that location however he believes this particular business will do a good job. Mayor Turville closed the public hearing. ~ouncil Member Goodgame recommended the buildings be in conformity with the Publix shopping plaza as far as the color cheme. Mr. Bailes expressed commitment to work with staff and does not want it to look like any other storage facility. Council Member Goodgame recommended he meet with the current board of Kings Ridge to work with him. Council Member Ash expressed concern with storage units on Hartwood Marsh Road. Mayor Turville questioned what the applicant would do if the City denied sewer service to the project. Mr. Bailes emphasized the appearance will not be obj ectionable and expressed willingness to work with an architect appointed by the City. Council Member Mullins prefers sewer over septic tank. Council Member Renick questioned if the Council denied sewer, would they have to reconsider the project. Mr. Bailes reiterated wanting this project to be in the city limits. Council Member Renick commented if the City provides water and sewer, it will require them to annex and comply with the City standards. If it were denied, the project would stay in the County then their standards would remain in place. Council Member Renick recommended providing water and sewer; seconded by Council Member Mullins. City Manager Saunders asked the applicant if the County required dedication of additional right of way along Hartwood Marsh Road. 6 . City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2005 Mr. Baffles responded that at this point, the County has not required dedicating right of way. For planning purposes, the setback is an additional 100 feet from what is required. City Manager Saunders recommended a condition that there would be appropriate reservations made for the additional right of way. Council Member Renick stated since the applicant is only here for water and sewer, when he returns for annexation, asked if the additional right of way could be addressed in the annexation agreement. City Manager Saunders responded to add the condition to the Utility Agreement that a right of way will be dedicated before widening of Hartwood Marsh Road. The previous motion was rescinded. Council Member Renick moved to grant water and sewer akin the agreement, additional right of wan is specified' seconded by Council Member Mullins The motion passed 4 to 1 with Mayor Turville opposing. Utility Agreement - BP .City Manager Saunders advised Council that staff has recommended tabling until the next meeting. The applicant provided language changes to consider however staff has not reviewed it. Therefore, recommended tabling to 2 weeks until staff can review those changes to determine whether it is appropriate. Council Member Mullins moved to table to February 22"d • seconded by Council Member Ash. The applicant, Cecelia Bonifay, passed out the revised agreement and requested to be heard. Manor Turville advised that a motion is on the table and called for the question. The motion passed 3 to 2 with Council Members Goodgame and Mullins opposing. Ordinance 492-M Mayor Turville read Ordinance 492-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 informed Council the final hearing for Ordinance 492-M and 493-M will be on March 8`h. Council Member Mullins moved introduction of Ordinance 492-M• seconded by Council Member Goodgame. The motion amassed with all members present voting "aye ". Ordinance 493-M ,/Iayor Turville read Ordinance 493-M aloud by title only. 7 • City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2005 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. Council Member Mullins moved introductian of Ordinance 493-M • seconded by Council Member Goodgame. The motion~assed with all members present voting "aye ". Ordinance 503-M Mayor Turville read Ordinance 503-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of the thirty (30) foot wide platted roadway per plat of Lake Highlands Company, sections 29 and 30, according to the plat thereof recorded in plat book 2, page 25, public records of Lake County, Florida, bounded on the south by intersection of said road and U.S. Highway 27, and extending north to a point 430.9 feet southof the north line of the southeast'/a of sections 29 and 30, according to the said plat of Lake Highlands Company; repealing all ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Council Member Renick moved introduction o~'Ordinance 503-M• seconded by Council MemberMullins. The motion passed with all members present voting "ave ". Ordinance 507-M Mayor Turville read Ordinance 507-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. Council Member Mullins moved introduction of Ordinance 507-M• seconded by Council MemberAsh. The motion passed with all members present voting "aye „ Ordinance SD8-M Mayor Turville read Ordinance 508-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. Council Member Mullins moved introduction of Ordinance 508-M• seconded by Council MemberAsh. The motion passed with all members present voting "ave ". ~Iayor Turville stated this is the end of the published agenda and opened the floor for audience comments. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2005 Rod Chapman informed Council he is forming a Christian organization to curb drugs and requested support from the City to unite the community. Mayor Turville agreed to support and asked that he meet with City Manager Saunders. Susie Gibson thanked Council for their support and attendance at the Annual Chamber Banquet. ADJOURN: With no further comments the meeting was adjourned at 9:OSpm APPROVED: ayor Harold Turville ATT ST: ~~ ~~ Tracy A kroyd, City C1 k ° ,, ~ ~~ ~ r~ :~~ P y F ~ ~ ,t5 ,.r, f ~ t, v 't4i ,. '4s'~ •,. ! .w It ^ .R ~ #~•, . °s,~~, ci~xwk'~. • 9 C To: Wayne Saunders, City Manager FROM: Carle L. Bishop, Fire Chief CC: DATE: 1/19/2005 REF: FD Surplus equipment disposal request . Please place this request on the January 25"' council agenda to have the items listed below placed in the next available auction. 2 blue computer cabinets the large ones 1 wooden desk 1 sony computer monitor s/n 9050283 1 packard bell tower s/n N365021901 1 key board Packard bell brand s/n FW KB62804133 1 set of computer speakers 8 blue /gray color office chairs that are broke 1 wood bunk bed 1 HP 697C printer s/n MX92113KJ 1 black vehical orginiser for a freightliner truck. It mounts to the fire wall. 1 dell tower s/n FJVSW 1 techmedia monitor J4RTCM14486 ~ Page 1 • Memo To: Wayne Saunders, City Manager From Tamara Richardson, PE, City Engineer CC: Date: February 2, 2005 Re: Downtown Drainage Improvements Bid Award Recommendation The Downtown Drainage Improvements Project includes improvements to the stormwater conveyance system along 8"' and Desoto Streets and at the intersection of Montrose Street and West Avenue. The improvements should alleviate washouts minor flooding in these areas. The project was advertised for bid and the bids were opened on February 1, 2005. The • apparent low bidder was Croft Contracting, Inc. at $130,130.32. The City's consultant, Farner Barley, reviewed the bids and their letter of recommendation is enclosed for review. The cun'ent stormwater budget includes $180,000.00 for construction of the improvements. I recommend award of the bid for the construction of Downtown Drainage Improvements to Croft Contracting, Inc. for $130,130.32. • FILE No.512 a2~a2 'Q5 11=26 ID~ ~~~~~~ ~ Br~ Rl....EY AND ASSOCIATE=S, INC. ~a Fax and U. S. Mail February 2, 2005 FAX~1 352 343 8495 PAGE l~ 1 ENGIIVEERS• SURVEYORS PLANNERS Ms. Tamara Richardson, P.E. CITY OF CLERMONT ENGINEERING DEPARTMENT 685 w. Montrose stt+eet Clermont, FL 34711 RE: RLERMONT ~QWNTO'WN DRAINAGE IMPROVEMENTS (FBA # 031004.0004) Dear' Tamara; We have completed nur review of bids received for the above named project, and based on dent local industry unit pricing, we recommend the project be awarded to Croft Contracting, Inc. of lnveme$s, FL, for the total bid price of $130,130.32. ff you should have any questions regarding this matter, please contact one of us at the afFice. Sincerely; EARNER, BARLEY ANO ASSOCIATES, INC. ~--- Duarte K Booth, P.E. Director of Engineering, Tavares Office Bob ~orginis Constnx~ion Management Engineer, Tavares Office • 350 North SinGairAvenue • Tavares, Florida 32778 Phone- (352) 343-8481 • Engineering Fax: (352) 343-8495 • Sarvey Fax: (352) 343-5641 ~-Mail: rbor'ginis(~famerbarley.com • www.famerbariey.com TO: CITY OF CLERMONT 685 W. MONTROSE STREET ._ CLERMONT, FLORIDA 34711 PROPOSAL PROJECT: DOWNTOWN STORMWATER IMPROVEMENTS CONTRACT NO.: 031004.008 The undersigned CONTRACTOR hereby declares that the only person or persons interested in the bid as principal or principals is or are named herein, and that no other person than herein mentioned has any interest in this bid or in the contract to be entered into; that his bid is made without connection with any other person, company, or parties making a bid or proposal; and that it is in ail respects fair and in good faith without collusion or fraud. The CONTRACTOR further dedares that he has examined the site of the work and infom~ed himself fu{ly in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read aii special provisions furnished prior to the submission of bids; and that he has satisfied himself re{alive to the work to be perfiormed. The CONTRACTOR proposes and agrees, if this bid is accepted, to contract with the OWNER as listed above, in the form of contract specified for the construction of the above referenced project located in take County, Florida, in full and complete accordance with the shown, noted, described, and reasonably intended requirements of the plans, speafications, and contract documents, to the full and entire satisfaction of the OWNER or his representative for the TOTAL PRICE of: sl~n~-c -f~1re~/ a.~ ~~~-~tec y 'i~axe-+.t~,~~ Dollars and 32 l d ~ Cents ($ t3~, t 3O.3Z) based upon the undersigned's own estimate of quantities and costs and induding sales, consumer, use and other taxes plus overhead and profit. The CONTRACTOR further proposes and agrees, upon written acceptance of this bid, to commence work under this contract within fourteen (14) consecutive calendar days after the date contained in the written notice to proceed and to fully complete all work under this contract in acxocdance with the following schedule: Substantial Completion - ~_ days Final Completion - 3 o days For a total contract time of 12 o days NAME OF CONTRACTOR GTE-OFT ADDRESS ~osr - 1202. BY ~ ~~ TITLE ~(Z~S(r~•rr DATE ~ ZooS C-(-~-c~c.t~ Gt2oG`T END OF DOCUMENT PROPOSAL -. 1 ~. PROPOSAL TO: CITY OF CLERMONT 685 W. MONTROSE STREET CLERMONT, FLORIDA 34711 PROJECT: DOWNTOWN STORMWATER IMPROVEMENTS CONTRACT NO.: 031004.008 The undersigned CONTRACTOR hereby declares that the only person or persons interested in the bid as principal or principals is or are named herein, and that no other person than herein mentioned has any interest in this bid or in the contract to be entered into; that his bid is made without connection with any other person, company, or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The CONTRACTOR further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all special provisions furnished prior to the submission of bids; and that he has satisfied himself relative to the work to be performed. The CONTRACTOR proposes and agrees, if this bid is accepted, to contract with the OWNER as listed above, in the form of contract specified for the construction of the above referenced project located in Lake County, Florida, in full and .complete accordance with the shown, noted, described, and reasonably intended requirements of the plans, specifications, and contract documents, to the full and entire satisfaction of the OWNER or his representative for the TOTAL PRICE of: ~e w ~ cwr i i~~srrw/J Dollars and iV d Cents ($ oDv~ )based upor} the undersign d's own estimate of quantities and costs and including sales, consumer, use and other taxes plus overhead and profit. The CONTRACTOR further proposes and agrees, upon written acceptance of this bid, to commence work under this contract within fourteen (14) consecutive calendar days after the date contained in the written notice to proceed and to fully complete all work under this contract in accordance with the following schedule: Substantial Completion - `IO days Final Completion - ~~ days For a total contract time of IZ.O days NAME OF CONTRACTOR GIBBS & REGISTER, INC. ADDRESS 53 S. MAIN ST. TER GARDEN, FL 34787 PHONE 407-654-6133 BY TITLE JOHN W. GIBBS, PRESIDENT DATE 2/1/05 END OF DOCUMENT PROPOSAL -Page 1