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05-10-1988 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, May 10, 1988 in the Council Chambers. The meeting was called to order at 8:00 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Huff, Council Member Dupee, and Council Member Cole. Other City O(fi~ials present were City Manager Saunders, City Attorney Ba~rd;' Finance Director Van Zile, Planning Director McAllister. and Deputy City Clerk Brandt. INVOCATION I The Invocafi'on was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES .~ . The Minutes of the Regular Meeting held April 26, 1988 were approved as presented~ REPORTS CITY MANAGER" S. REPORT SOUTH LAKE MEMORIAL HOSPITAL It was reported that Ken Peach, Public Relations Director of South Lake Memorial Hospital, had asked that the Council attend a dinner with the Board of Directors of the hospital at 6:00 p.m. on Tuesday, May 24, 1988, just prior to the next Council Meeting. The purpose of the meeting is to discuss future plans for the hospital. City Manager Saunders stated that he had spoken with the City Attorney concerning the "Sunshine Law" with regard to attending such a meeting and it was determined that there would be no problem. It was the consensus of Council to attend the dinner. 911 WORKSHOP City Manager Saunders stated that a decision had to be made by June 30, 1988 concerning participation in the 911 program, and then asked the Council if they wished to hold a Workshop to further discuss the City's position prior to the issue being placed on the agenda. It was the consensus of Council that no workshop would be needed because the City was maintaining its position that it was double taxation to ask the cities to pay the additional money for the "PSAP" equipment, when those people living in the County would not have to pay the additional fee. WORKSHOP City Manager Saunders stated that he would like to schedule a a Council Workshop on either May 16th or 17th to discuss other issues. After a brief discussion of the best time to hold the meeting, it was the consensus of Council to hold the workshop at 6:00 p.m. on Tuesday, May 17th. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 Page -2- FmHA LOAN BUYOUT PROGRAM It was explained that the City had been approved to participate in the Gulf Breeze Loan Pool and that the 1984 Bond Issue would be included because the City Staff feels it can meet the July 11, 1988 treatment plant expansion deadline. City Manager Saunders then explained the FmHA buyout program to those present. COUNCIL MEMBER DUPEE'S REPORT Mrs. Dupee reported that she had attended the Legislative Action Day in Tallahassee and had an excellent time. Mrs. Dupee also reported that the City should be very proud of Council Member Turville's wife, Karen, who was responsible for John B. McDonald Day being proclaimed by the State Legislators. COUNCIL MEMBER HUFF'S REPORT Mr. Huff reported that he would be tourin~a waste recycling project Tallahassee next week. COUNCIL MEMBER COLE'S REPORT Council Member Cole asked when the holes on Pitt Street at Bloxam Avenue would be repaired. Mr. Saunders stated that they would be repaired on a time and materials basis contract and the work would be completed as soon as a contractor could be found that would do the job. NILSA WHITEHEAD'S REPORT Mrs. Whitehead reminded those present to attend the Clermont Fun Fest on Saturday, May 14th. MAYOR POOL'S REPORT Mayor Pool congratulated the Lady Highlanders who won the Girls Class 2A State Track Championship. He also stated that Clermont High School baseball team would be playing Miami Pace at Boardwalk and Baseball on Friday at 4:30. MAYOR'S PROCLAMATION Mayor Pool then read a proclamation proclaiming the week of May 15th through the 21st as "National Public Works Week" and thanked the City's Public Works Department for the outstanding job that they do. RESOLUTION #581 - R.E. ALLISON REQUEST FOR A CONDITIONAL USE PERMIT Mr. R.E. Allison appeared before Council to requesta Conditional Use Permit for a boathouse to be constructed at his residence located at 885 Lakeshore Drive. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 Page -3- City Manager Saunders explained that all boathouses within the city limits of Clermont require a CUP for construction. Mr. Allison's property is fronted on the south by Lake Minnehaha and on the east by the Lake Winona canal, and he proposes to construct a boat slip and boathouse adjacent to the canal. A permit from the DER for the boat slip has already been obtained. Mr. Allison continued by stating that he wished to place the boat- house with a 20' setback from the Lakeshore Drive ROW, whereas, the required front yard setback for this area is 35'. Mr. Saunders then explained that the home adjacent and to the west of Mr. Allison's home had a front yard setback of 20' and the home located across the canal and to the east had an existing boathouse set back approximately I' from the street ROW. Mayor Pool called for comments from those present. David Peterson and Robert Mitchell both spoke against granting the Conditional Use Permit. Mr. Peterson stated that he was opposed to breaking of any zoning ordinances and Mr. Mitchell stated that he wished to maintain the integrity of the canal and felt that allowing a boathouse to be built there would pose a negative esthetic impact. Cecil Smart stated that he favored the request. It was pointed out that the Planning and Zoning Commission at their meeting held May 3, 1988, had recommended denial of the CUP by a vote of 5 to 2 stating as their main concern the fact that if the garden- room, which is to be located on the south side of the boathouse, was eliminated, the boathouse could meet the 35' setback requirement or if the grapefruit tree that Mr. Allison wishes to keep was removed, the 35' setback could be met. Council Member Turville questioned Mr. Allison concerning his seawall and if the City had an easement to install a drainage pipe in his front yard. Mr. Allison stated that his house is set back 50' and 25' of his front yard caved in when the drainage pipe was installed. The City had no easement for the work. Council Member Huff stated that he could see no problem with the request because it was within the character of the neighborhood. 88-066 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER DUPEE TO ADOPT RESOLUTION #581 GRANTING A CONDITIONAL USE PERMIT TO MR. ALLISON TO CONSTRUCT A BOATHOUSE AT 885 LAKESHORE DRIVE WITH A 20' SETBACK. Under discussion, Mr. Turville asked Mr. Allison if he was going to keep his existing boathouse, and if so, what he proposed to do with it. Mr. Allison stated that he wanted to keep his present boathouse, and that he was going to remove the boat lift and then make it into a screenroom. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 Page -4- Council Member Turville called for the question, AND THE MOTION CARRIED BY A THREE TO TWO VOTE, WITH MAYOR POOL AND COUNCIL MEMBER TURVILLE VOTING NAY. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #582 - RICK WEBER REQUEST FOR A CONDITIONAL USE PERMIT Mr. Weber appeared before Council to request a Conditional Use Permit to construct two additional townhomes on Eighth Street, north of Minneola Avenue. Mr. Weber stated that he wanted to finish his pro- ject on the site, and that the original approval was given for four townhomes which have already been built. A Conditional Use Permit is needed because the two townhomes will be built partially in the C-2 zone. It was pointed out that the Planning and Zoning Commission at their meeting held Tuesday, May 3, 1988, unanimously recommended approval of the project. Mayor Pool called for comments from those present in the audience, and no one spoke in favor of or in opposition to the proposed construction. " 88-067 After briefly reviewing Mr. Weber's site plan, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #582 GRANTING A CONDI- TIONAL USE PERMIT TO CONSTRUCT TWO TOWNHOMES ON PROPERTY LOCATED ON EIGHTH STREET, NORTH OF MINNEOLA AVENUE. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #579 - POYNTER - THOMPSON REQUEST FOR A CONDITIONAL USE PERMIT Mr. Walt Poynter appeared before Council to request a Conditional Use Permit for a townhouse development which will be located on Lake Minneola Drive adjacent to the Minneola city limits. Mr. Poynter stated that he was present to answer any questions the Council might have concerning the project. Mr. Poynter stated that the project, as shown on the conceptual plan presented to Council, would be developed with fifty-four units, which is below the allowable density requirement of eight units per acre. City Manager Saunders explained that the Planning and Zoning Commission at their meeting held May 3rd had unanimously recommended approval of the CUP with the conditions as listed in the resolution. Mayor Pool called for comments from those present in the audience, and Mr. Walter Berry stated that he believed the allowable density of eight units per acre was too great for any development within the city limits of Clermont. Connie Grotenhuis, who lives in the Edgewood Subdivision, which is located adjacent to the proposed project, asked for clarification of the setback requirements as listed in condition #20. Mrs. Grotenhuis, in particular, wanted to know if the setback requirement also included parking spaces. City Manager Saunders explained that as listed in condition #16, the clubhouse would be setback a minimum of eighty feet from the e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 Page -5- eastern property line, and all roads and parking would be set back a minimum of 50'. Planning Director McAllister stated that con- dition #20 should be rewritten to specifically include parking spaces. It was also pointed out that any reference to fifty townhomes should be taken out of Resolution #579. Council Member Turville questioned what the actual required setback was with regard to the buildings and parking spaces. Mr. McAllister stated that the actual setback requirement was twenty-five feet, and that the developer had agreed to the increased setbacks to help buffer the adjoining residential subdivision from the development. Mr. McAllister also stated that the developer was being required to plant one tree for each dwelling unit, and the trees would also act as a buffer. Under discussion of the conditions, it was pointed out that it would be necessary to change the wording of condition #14 to indicate that the City will have eighty feet of right-of-way running the length of the property. The additional right-of-way will be used for a bicycle path. Council Member Cole asked Mr. Poynter, considering that the conceptual plan presented was the fourth revision, if he was going to change his mind again. Mr. Poynter stated that this would be the final conceptual plan presented. 88-068 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #579 AS AMENDED TO TAKE OUT ANY REFERENCE TO FIFTY TOWNHOMES, TO ADD "RIGHT-OF-WAY SHALL BE GRANTED TO PROVIDE EIGHTY FEET OF RIGHT-OF-WAY" IN CONDITION 1114, AND TO CHANGE CONDITION 1120 BY ADDING "AND PARKING AREAS". THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. STEVE LEE - REQUEST FOR VARIANCES FROM THE ZONING AND SIGN ORDINANCES It was explained that Mr. Lee had appeared before Council just over a year ago and was granted five variances for this site which included a 12' rear yard setback, a 38' front yard setback, a 2' landscape buffer, a reduction in parking requirements from the required 15 spaces to 14, and an allowance for ground covering instead of the required hedge. Mr. Lee was present and explained to Council that he had revised his site plan with the help of the City Staff, and was now presenting a more workable site plan for his 90' deep lot located at the northeast corner of Seventh Street and Highway 50. Mr. Lee further explained that he still needed three variances which had previously been approved: a 12' rear yard setback where 25' is required, a 38' front yard setback where 50' is required, and a 2' landscape buffer where 5' is required. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 Page --6- City Manager Saunders pointed out that the two foot landscape buffer runs about forty feet on the east side of the property instead of the entire length of the property as previously approved. The three foot buffer no longer extends the entire length of the west side of the property, making a much needed improvement. A variance to the Sign Ordinance is also being requested in order to install a ground sign with a ten foot setback where twenty-five feet is required. Mayor Pool called for comments from those present and Mr. and Mrs. Turley who are adjacent property owners asked where the garbage dumpster would be located. City Manager Saunders explained that it would be located on the east side of the building and a five foot high wall would be located around the trash storage area. 88-069 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE FOLLOWING FOUR VARIANCES: A 12' REAR YARD SETBACK WHERE 25' IS REQUIRED, A 38' FRONT YARD SETBACK WHERE 50' IS REQUIRED, A 2' LANDSCAPE BUFFER WHERE 5' IS REQUIRED AND A 10' SETBACK FOR A GROUND SIGN WHERE 25' IS REQUIRED. NEW BUSINESS RESOLUTION fl583 Mayor Pool asked City Manager Saunders to explain the purpose of Resolution #583. It was explained that the resolution would revoke the existing Conditional Use Permit for ICO, Inc. which is the developer of the Hillside Villas project located on Grand Highway. On September 14, 1983, Initial Capital Outlay, Inc. was granted a Conditional Use Permit for a PUD of 92 Condominium Units. Work on the project has been sporodic and as of this date, almost five years later, the site work for the pro- ject has not been completed. Mr. Saunders further explained that within a few days of the notification to ICO, Inc. that they were being placed on the agenda for revocation, some work resumed on the site, which was the same thing that happened last August when Dr. Fraser was notified he was being placed on the agenda for revocation. Work resumed approximately a week prior to the meeting, but then stopped within a short period after the meeting was held. Mr. Saunders then reported that according to Dr. Fraser a contract with Superior Asphalt has been signed for completion of all the infrastructure, including water, sewer, streets, storm drainage and sidewalks. He also explained that the Planning and Zoning Commission at their meeting held earlier had recommended immediate revocation of the permit unless a valid contract was produced. If the contract is produced, then an additional condition should be included in the CUP which would state that if all infrastructure; including water, sewer, streets, sidewalks and drain- age have not been completed within sixty (60) days, the Conditional Use Permit will automatically become null and void. Mr. Bill Wegner, who was present and representing Superior Asphalt, stated that the Company did have a contract with Dr. Fraser, but it did not include the water, sidewalks or water retention areas. Mr. Wegner further stated that an amendment to the contract would be e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 Page -7- forthcoming and will include these items, except for the water. Mr. Wegner also stated that sixty (60) days would be sufficient to finish the infrastructure if there was no weather problem. However, he stated that he would like seventy-five (75) days to complete the work. Much discussion ensued. Council Member Huff pointed out to Mr. Wegner that previous contractors had not been paid for their work and then pulled off the project. Mr. Wegner stated that the money for Superior Asphalt's work had been put in an escrow account. After some further discussion, City Attorney Baird stated that the City had two options at this point. One, to get the work done or two, pull the permit and start over. He also stated that the City had to consider due process and the individual's rights before pulling the permit. Council Members Turville and Huff both expressed their consternation over the amount of time that has gone by with nothing being completed. Ed Ivey who lives on Grand Highway asked for revocation of the permit stating that he was tired of looking at the mess. Jack Sargent, Chairman of the Planning and Zoning Commission stated that it was the Commission's intention that an acceptable contract would have been presented to Council and suggested that the matter be tabled for two weeks until the valid contract is in hand. Some more discussion ensued concerning the options available. Council Member Huff asked how long it would take if the Council revoked the permit and went to court to get the $30,000 bond money to restore the site. City Attorney Baird stated that it would take three to six months and would cost the City between $2,500 and $3,000 in legal fees. ;8-070 After devoting considerable discussion to this matter, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A THREE TO TWO VOTE WITH COUNCIL MEMBERS HUFF AND TURVILLE VOTING NAY, TO TABLE THIS MATTER FOR TWO WEEKS. DURING THAT TIME THE CITY MANAGER MUST RECEIVE IN HIS OFFICE COPIES OF ALL CONTRACTS FOR COMPLETION OF THE INFRASTRUCTURE, INCLUDING THE WATER SYSTEM AND PROOF OF FUNDS IN THE ESCROW ACCOUNT. City Manager Saunders asked the Council to reconsider the motion and asked that they either pull the permit or give ICO, Inc. sixty days to complete the work. City Attorney Baird stated that if the City does not have copies of all of the infrastructure contracts at the end of two weeks, then it would be in a position to revoke the permit. BID AWARD City Manager Saunders explained that two bids were received for the sidewalk construction on Montrose Street from Tenth to Twelfth Street. One bid was from Colossus International at $7.50 a linear foot for a total of $7,125, and the other from Cornerstone Building Systems in the amount of $8.75 per linear foot for a total of $8,313. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 Page -8- Mr. Saunders continued by stating that the City's bid specifications required that metal forms be used to ensure quality work, and after investigation, it was found that Colossus International's bid did not meet specifications in this area. As indicated in Mr. Smythe's memo, it was recommended that the bid be awarded to Cornerstone Building Systems who bid the project using metal forms as specified. Mr. Saunders further stated that $12,020 was in the current year's budget for this project, and the project would still be well under budget for the work. Mr. Saunders then asked that the Council approve con- struction of other small sections of sidewalk needed in various areas of the City with the excess money in the budget. 88-071 After a brief discussion of the bid, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT THE BID OF CORNERSTONE BUILDING SYSTEMS IN THE AMOUNT OF $8.75 PER LINEAR FOOT OR $8,313 FOR CONSTRUCTION OF THE SIDEWALK ON MONTROSE STREET FROM TENTH TO TWELFTH STREET, AND TO CONSTRUCT SMALL SECTIONS OF SIDEWALK IN VARIOUS AREAS OF THE CITY WITH THE REMAINING MONEY IN THE BUDGET. ASPHALT REJUVENATION Although the item was not on the agenda, City Manager Saunders asked if the Council would award a bid for asphalt rejuvenation. He explained that the City had been putting Reclaimite on the City's streets for a number of years, and had received two bids for the work as follows: Pavement Technology U.S. Seal Coating $32,292.16 $48,438.00 It was further explained that Public Works Director Smythe was recommending acceptance of the low bid from Pavement Technology in the amount of $32,292.16. $35,000 is budgeted for the project. This company has been doing the City streets in the past, and the City is very well satisfied with the Reclaimite product. Council Member Turville asked that the City keep checking to make sure that Reclaimite remains environmentally safe. City Manager Saunders stated that he would do so. 88-072After brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF PAVEMENT TECHNOLOGY IN THE AMOUNT OF $32,292.16 FOR THE ASPHALT REJUVENATION WORK. CHANGE ORDER #10, CONTRACT #2 - SEWAGE TREATMENT PLANT EXPANSION City Manager Saunders explained that this Change Order was for the installation costs for two submersible sewage pumps in the new flow equalization tank at the treatment plant. He further stated that the original design was for pumps that would be placed on the wall above the tank, but it was determined that the type of pump needed should be submersible. The cost for modifications and installation of the submersible pumps totals the $3,126 indicated on Change Order #10. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 10, 1988 Page -9- 88-073 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDER #10, CONTRACT #2 IN THE AMOUNT OF $3,126 FOR THE MODI- FICATION AND INSTALLATION OF THE SUBMERSIBLE PUMPS. SURPLUS EQUIPMENT City Manager Saunders explained that the City was requesting that a 1984 Ford LTD Patrol Car be declared surplus and placed in the combined County/Cities Auction to be held at the City of Leesburg on Saturday, May 14, 1988. The vehicle has been driven in excess of 100,000 miles. 88-074 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DECLARE THE 1984 FORD LTD, VEHICLE NUMBER 2105 SURPLUS AND TO BE PLACED IN THE COUNTY/CITIES AUCTION TO BE HELD SATURDAY, MAY 14, 1988 IN LEESBURG. PUBLIC COMMENTS Cecil Smart invited all Council Members to attend the Chamber of Commerce's Business After Hours at his place of business on Friday, May 13, 1988 from 5:00 - 7:00 p.m. City Manager Saunders stated that the City of Clermont had reached a milestone earlier this week by hiring its first female Police Officer, Cindy Smith. &: t1/~ o ert A. Pool, Mayor Attest: Clerk