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05-12-1987 Regular Meeting e e REGULAR COUNCIL MEETING May 12, 1987 The Regular Meeting of the Clermont City Council was held Tuesday, May 12, 1987, in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Dupee, Council Member Cole, and Council Member Huff. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Brandt. INVOCATION The Invocation 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 Workshop Meeting held April 8, 1987 and the Regular Meeting held April 28, 1987 were approved as presented. REPORTS CITY MANAGER'S REPORT SOUTH LAKE MEMORIAL HOSPITAL It was reported that South Lake Memorial Hospital would be holding an open house on Thursday, May 14, 1987, from noon until 3:00 p.m. in celebration of National Hospital Week. Everyone present was invited to attend. FI~ANCE DIRECTOR VAN ZILE'S REPORT SURPLUS EQUIPMENT AUCTION It was reported that the City had received $2087.50 from the surplus equipment sale held by the City of Leesburg. Those items auctioned were a welder, two 1979 Dodge Pickup Trucks, and a 1973 GMC Pickup Truck. The NCR Cash Register was not sold, and was returned to the City. . COUNCIL MEMBER DUPEE'S REPORT RUSTY WATER PROBLEMS AT THE PUBLIC SAFETY BUILDING Council Member Dupee was looking into the glass of water that was just poured, and asked if anything could be done about the rusty water in the building. City Manager Saunders explained that the entire building would have to be replumbed in order to correct the problem and that it should be considered at some future date. As a point of information, Council Member Huff stated that he had tapped into a forty year old, six inch water line on Minnehaha Avenue, and it contained only a very thin coating of rust. FLOAT FOR THE LAKE COUNTY CENTENNIAL PARADE Mrs. Dupee reported that due to time constraints and the lack of a hay wagon, the City of Clermont would not have a float in the Lake County Centennial Parade. Mrs. Dupee asked if it would be possible for Miss Clermont to ride on the City's fire truck which would be in the parade. City Manager Saunders stated that he would have to find out if this would be possible. e e REGULAR COUNCIL MEETING May 12, 1987 Page -2- LAW ENFORCEMENT APPRECIATION WEEK Council Member Dupee asked that a letter of appreciation be sent to the Clermont Police Department for its fine service to the City. City Manager Saunders stated that he would do so. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL 87-097 As the City's representative to the East Central Florida Regional Planning Council, Council Member Dupee recommended that the wording in Policy 69.1 of the Regional Comprehensive Plan concerning Agri- cultural Lands be changed by inserting "by,the local government" after "... will be identified" to insure no misunderstanding as to who will identify the agricultural lands. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO SEND A LETTER TO THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL EX- PRESSING THE CITY'S CONCERN AND ASKING THAT THE WORDING IN POLICY 69.1 BE CHANGED TO READ "PRIME AND UNIQUE AGRICULTURAL LANDS WILL BE IDENTIFIED BY THE LOCAL GOVERNMENT AND..... COUNCIL MEMBER HUFF'S REPORT LAKE COUNTY BOARD OF COMMISSIONERS As the City's Liaison to the Lake County Board of Commissioners, Council Member Huff reported that the County had approved the building of a factory on Hancock Road which would utilize a new method for making building blocks, similar to to cement block, which were formed, baked and cut into the appropriate shape with piano wire. The new factory will eventually employ 125 people. MAYOR POOL'S REPORT It was reported that as of Friday, May 15, 1987, the County Court House Annex would be discontinued. Mayor Pool stated that he was surprised at this, and asked if the County Building Department was also leaving. City Manager Saunders stated that this was the first he had heard of this, and that he would investigate the matter further and get back with the Council. NILSA WHITEHEAD'S REPORT As Chairperson of the Parks and Recreation Commission, Mrs. Whitehead reported that 40 Red Tops had been planted at the Chestnut Street Park, and that she would like to thank the group of children who helped her with this project. Council Member Turville stated that Mrs. Whitehead had bought the children lunch, spending forty dollars of her own money. He further stated that he felt the City should reimburse her for this expenditure. 87-098 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO REIMBURSE MRS. WHITEHEAD FORTY DOLLARS FOR THE LUNCHES. e e REGULAR COUNCIL MEETING May 12, 1987 Page -3- VISITORS WITH BUSINESS CLERMONT CHURCH OF CHRIST - RESOLUTION H552 CONDITIONAL USE PERMIT City Manager Saunders explained that the applicant was requesting a Conditional Use Permit to establish a church on Grand Highway, south of Hillside Avenue, and that the Planning and Zoning Com- mission had recommended approval of the request with the condi- tions as stated in Resolution H552. It was further explained that Condition H2 would allow for grass parking, as was requested by the Church. Condition HIl would require an additional dedication of road right-of-way to provide for a lOOt right-of-way along Grand Highway. The City Engineer has recommended the additional right-of-way to ensure that the City has adequate right-of-way for future improvements. Presently, only 80' is required. Condition H12 would allow the sidewalk to be constructed at the time the rest of the property to the west is developed. Mr. Wayne Guy, representing the Clermont Church of Christ, appeared before Council and asked that the request be tabled. He stated that the additional right-of-way requirement was of concern. At this time, the right-of-way is 66'and an additional 34' would be needed to make up the lOOt required in Condition HIl. The Church wished to purchase a full two acres from the seller and consequently needed extra time to complete negotiations. 87-099 A MOTION WAS MADEBY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE THE REQUEST UNTIL THE MAY 26, 1987 COUNCIL MEETING. NEW BUSINESS BID AWARDS At this time Mayor Pool deferred to City Engineer Springstead to explain the bid awards for the Lakeshore Drive and Lake Winona Bridge projects. City Engineer Springstead had previously presented each Council Member with a recap sheet showing the bidders for each of these projects. He explained that the City had received three bids for Phase I-A of the reconstruction of Lakeshore Drive. Phase I-A would include the area from Lake Winona Bridge, west to Johnson Drive and from Fourth Street west to Penzance. The low bidder for this part of the project was F & G Road Builders at a bid of $108,727.25. 87-100 Mr. Springstead then reco~end awarding the bid for Phase I-A to F & G Road Builders. rhe City has $117,400 budgeted in the current year for this project. City Manager Saunders explained that at this time, the City was recommending deferring Phase I-B, which was bid as an alternate, until next year to be included with the request for County Road Impact funding. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO AWARD THE BID FOR PHASE I-A TO F & G ROAD BUILDERS IN THE AMOUNT OF $l08,727.25. PHASE I-B WILL BE DEFERRED UNTIL NEXT YEAR TO BE INCLUDED WITH THE REQUEST FOR COUNTY ROAD IMPACT FUNDING. e e REGULAR COUNCIL MEETING May 12, 1987 Page -4- LAKE WINONA BRIDGE PROJECT City Engineer Springstead stated that there was a discrepency in the bids received for this project, and that he needed extra time to analyze the bids. He further stated that he would like to go back and review with K & L Contractors, the low bidders at this time, to find out what the problem was. The original estimate for the project was $82,000, and the low bid received was for $173,000. Some concern was expressed by K & L Contractors regarding a seawall adjacent to the project, and possibly this has added to the construc- tion costs. 87-101 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE THE LAKE WINO~A BRIDGE AWARD AT THIS TIME, AND TO HAVE CITY ENGINEER SPRINGSTEAD GO BACK AND CONSULT WITH K & L CONTRACTORS CONCERNING THEIR BID. VISITORS WITH BUSINESS CONTINUED BYRON E. AND MARGARET BATCHELDER - REAR YARD VARIANCE REQUEST Mr. Batchelder appeared before Council to request a variance for a 21' rear yard where 25' is required for the construction of a screen room. Photographs showing the rear his home under con- struction in Hazelwood Subdivision were shown to the Council. It was further stated that he wished to build a 12" x 10' covered screen room for medical reasons as stated in the letter from the Batchelders' doctor. 87-102 Mayor Pool called for comments from those present in the audience, and no one spoke for or against the proposed variance. City Manager Saunders explained that the Batchelders could utilize the house's 3' overhang which would give them a 9' room, and the remaining one foot could have a screened roof and no variance would be required. He also pointed out that it was a new, recently con- structed home and the medical hardship stated in the variance request did not meet the criteria for a hardship. Much discussion ensued concerning ways the screen room could be con- structed without requiring a variance. After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY THE REAR YARD SETBACK VARIANCE REQUEST FOR LOT 24, HAZELWOOD SUBDIVISION. Mr. Batchelder then asked if he could build a 150 square foot detached screened utility building in his back yard. City Attorney Baird stated that he would have to research the zoning requirements and that he would give his interpretation of those requirements to City Manager Saunders. Mr. Batchelder was directed to contact the City Manager concerning this request. UNFINISHED BUSINESS FINAL READING OF ORDINANCE l86-M Bob Thompson, representing RDW, Inc., appeared before Council to request the rezoning of Lot l, Sunnyside Terrace from R-3 to C-l. The property is located on the southwest corner of Highway 50 and Bowman Street. As stated during the introduction of the Ordinance on April 14, 1987, the request was made in order to allow additional e e REGULAR '.COUNCIL MEETING May 12, 1987 , Page -5- signage fronting Highway 50 without having to request another . variance to the sign ordinance. At that time, Mr. Thompson als~ stated that he might wish to h~~e.a florist shop or some other type of retai~ business located in the building. City Manager Ma1')ager Saunders stated that the Planning and Zoning Commission had unanimously recommended denial of this request. . Under the current R-3 zoning, 'the property may be used for single or multi-family residential and professional offices. Under the proposed C-l zoning, retail businesses and personal service establishments also would be permitted. Bob Thompson'produced a map of the City showing that all other.prop- erties along Highway 50 were zoned Commercial, and abutted residential properties. He also stated that he had counted twenty-three signs from East Avenue to Winn Dixie Plaza. City Manager Saunders stated that commercial property always has to abut residential property somewhere, and produced a map showing that other than one other professional office on Bowman Street, the entire area around Lake Sunnyside from Bowman Street to East Avenue and from Highway 50 to Minnehaha Avenue was developed as residential. He also stated that it was the feeling of the Planning and Zoning Commission, and the Staff opinion that an encroachment of commercial zoning into this well-defined area would jeopardize the integr~ty of the area. Mayor Pool stated that the area alo~g Highway 50 wJs zoned Commercial and that he could not see why Mr. Thompson should be denied the right to have the zoning and additional sign he was requesting. Mayor Pool called for comments from those present. Pat McCaffrey' and Cecil Smart, both stated that the favored the commercial zoning because Highway 50 was a commercial road. Mr. Smart also stated that he did not object to the additional sign because business owners need to advertise. It was pointed out that a letter of opposition to the request had been received from Paul Roper who owns residential property on Lake Sunny- side. A letter also was received from James "Bud" Meadows who owns Sunnyside Plaza approving the request. Nilsa Whitehead stated that she was opposed to granting the request and that the City did not need any more signs cluttering Highway 50. Council Member Turville expressed his opposition to the request, stating that he was against jeopardizing the adjoining residential property owners for a sign. He further stated that he believed granting the request would do nothing but negatively impact the residential properties on Lake Sunnyside. He continued by stating that the City had already made many concessions to RDW, Inc. when the office building was being constructed, such as requiring less parking spaces and shorter spaces and granting a sign variance for a sign which is located one foot from what would be allowed in C-l zoning. He also pointed out that ingress and egress from the building is difficult now. City Manager Saunders pointed out that RDW, Inc. had purchased the property zoned R-3, whereas, others bought with C-I zoning. Council Member Dupee concurred with Mr. Turville and stated that it would be very difficult. to make deliveries if the property was developed other than for professional offices. She also stated that she would rather do something about signage in a manner other than rezoning the property. .... / e e REGULAR COUNCIL MEETING May 12, 1987 Page -6- Council Member Cole asked Jack Sargent, a member of the Planning and Zoning Commission who was present in the audience, his feelings about the request. Mr. Sargent stated that personally he was opposed to'rezoning the property to gain additional signage. Mr. Cole then asked if certain things could be denied Mr. Thompson if his request were approved. City Attorney Baird stated that you could not make exceptions in the zoning ordinance for a certain piece of property. Council Member Huff stated that he believed that the highest and best, use for the property in question was commercial. He further stated that Mr. Meadows' property had not nega~ively impacted the residential property in the area, and that the RDW, In~. property, where located, would not either. 87-103 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, AND SECONDED BY COUNCIL MEMBER DUPEE TO DENY THE REZONING REQUEST. THIS MOTION FAILED BY A THREE TO TWO VOTE WITH COUNCIL "EMBERS HUFF AND COLE AND MAYOR POOL OPPOSING THE DENIAL. 87-104 City Attorney Baird then advised that the motion should be restated adopting Ordinance l86-M. A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A THREE TO TWO ROLL CALL VOTE TO ADOPT ORDINANCE l86-M REZONING FROM R-3 TO C-I LOT l, SUNNYSIDE TERRACE, WITH COUNCIL MEMBERS TURVILLE AND DUPEE VOTED NAY. THE ORDINANCE WAS READ BY TITLE ONLY. NEW BUSINESS CONTINUED RESOLUTION H553 - INTERIM FINANCING EXTENSION , City Manager Saunders explained that due to delays in awarding a bid for the Treatment Plant and Sprayfield Expansion Project, the date of completion for the project had been ,moved back several months to September of 1987. Interim financing for the project will expire on on May 22, 1987, and Sun Bank has agreed to extend the ,financing, with Resolution H553 providing for the extension. 87-105 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 1553 EXTENDING THE INTERIM FINANCING FOR THE TREATMENT PLANT AND SPRAYFIELD EXPANSION PROJECT. THE RESOLUTION WAS READ BY MAYOR PRO TEM TURVILLE BY TITLE ONLY. SOUND SYSTEM FOR JENKINS AUDITORIUM City Manager Saunders reported that the City had received three bids for the sound system at Jenkins Auditorium as follows: COMPANY SYSTEM ALTERNATE (Wireless Microphone) The Danforth Company Sound Stage Industrial Communi- cations Company $7,886.00 $8,447.50 $10,328.63 $1,539.00 $1,639.00 $l,938.08 The City's Consultant, Dave Thomas, of Jones/Thomas Electro Acoustics Group, reviewed the bids and recommended award to the Danforth Company for the sound system only. If a wireless microphone is needed, it could be purchased at a later date. ~ ~ 87-106 87-107 87-108 87-109 e e REGULAR COUNCIL MEETING May 12, 1987 Page -7- Mr. Saunders continued by stating that Mr. Thomas had also recommended acoustical treatment of the entire rear wall and the upper halves of the side walls in the auditorium. He suggested that the City obtain quotes from local suppliers for the materials and then do the installa- tion work to cut costs. Council Member Huff asked if the project had gone over-budget. City Manager Saunders stated that the costs would be close to the amount budgeted for the project. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO AWARD THE BID FOR THE SOUND SYSTEM FOR JENKINS AUDITORIUM TO THE DANFORTH COMPANY IN THE AMOUNT OF $7,886.00 ANDTO OBTAIN QUOTES FOR THE PURCHASE OF ACOUSTIC TREATMENT FOR THE WALL. RECLAIMITE PROJECT Mr. Saunders reported that last year the City had begun a street program using Reclaimite, a rejuvenating agent which extends the life the pavement, and helps eliminate costly overlaying. It has been planned to treat one-fifth of the City streets each year. Only two companies in Florida do this type of work, and one bid was received from Pavement Technology in the amount of $32,960. $35,000 had been budgeted for the project. Mayor Pool asked if this product had been tested for runoff, and City Manager Saunders stated that there was no problem of that nature with the product. A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT THE BID OF PAVEMENT TECHNOLOGY IN THE AMOUNT OF $32,960 FOR RECLAIMITE PROJECT. 1984 DODGE DIPLOMAT City Manager Saunders stated that the City had received only one bid from Bill's Auto Parts in the amount of $395.75 for the 1984 Dodge Diplomat Patrol Car which had been wrecked. ORANGE CROP - HOOKS ROAD PROPERTY It was explained that the City had received only one bid from Dole Citrus in the amount of $3.35 per field box for the orange crop located at the sprayfield' si te. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE BID FROM DOLE CITRUS IN THE AMOUNT OF $3.35 PER FIELD BOX FOR THE ORANGE CROP LOCATED AT THE HOOKS ROAD SPRAYFIELD SITE. PUBLIC COMMENTS TEACHER APPRECIATION WEEK City Manager Saunders stated that he would like to mention that it also was Teacher Appreciation Week. e e REGULAR COUNCIL MEETING May 12, 1987 Page -8- JAYCEE BEACH HOUSE Cecil Smart asked when the beach house would be open, and City Manager Saunders stated it would be open Memorial Day weekend. FREEMAN LANE Nilsa Whitehead stated that she had been approached by several residents to see if something could be done about the deplorable conditions in the Freeman Lane area. City Manaager Saunders stated that Freeman Lane was a private drive and that nothing could be done unless the residents wished for it to become a City street. Other problems in the area would have to referred to the Code Enforcement Board. There being no further business or discussion, the meeting adjourned at 9:25 p.m. ~tI~ Ro ert A. poo{, Mayor Attest: City C erk