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11-25-1975 Regular Meeting e e e . MINUTES REGULAR MEET! NG NQ1206 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, November 25, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak~ Jr. with the following members present: Councilman Blackburn, Schroede1, Byrd and Oswalt. Other offica1s present were: City Manager Hopkins, City Attorney Baird, Deputy Clerk Dollar, Finance Director DeDier, Director of Community Services Smythe and Chief of P&lice Tynda1. Others present were: Messrs. Matsche, Jones, Ratti, Horton, Crowson"Rector, Czech, Meadows and Sargent. The Misses Mary J. Nichols, Cynthia Winter, Messrs. Kim Gano and Edwin E. Hunt~ Political Science students from Lake Sumter Community, were also present. Mr. Joe Sanchez, representative of the Sentinel/Star was also present. The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held November 18, 1975 were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider request by Matsche Construction Company for a Variance to Section 26-20 (C) (2) (R1A URBAN RESIDENTIAL DISTRICT GENERAL REQUIREMENTS-LOT WIDTH) OF THE Zoning Ordinance in order to construct a residence in Section 26-22-25, Indian Hills. Mr. Jack Matsche appeared before Council in support of this request, and advised that to comply with the requirement for a 100 ft lot width at the front building line, the building would have to be set back and then would be in violation with back lot restrictions, therefore, due to the irregular shape of the lot they were requesting a variance to the 100 foot width requirement at the front building line. Upon inquiry by Mayor Smoak~ there was no one present from the floor who voiced objection to this request. Councilman Oswalt stated that without any doubt this is a hardship case and is what the request is based upon and moved that the request be granted. The motion was seconded by Councilman Schroede1. During disucssion of the motion, Councilman Blackburn stated he agreed with Councilman Oswalt that this was a hardship case, and that the reason for requesting a variance is where a piece of property like this one is created, then because of a change of rules, no longer conforms. Upon roll call vote, the motion carried. Mayor Smoak announced the next order of business to be a Public Hearing to consider a request by Mark V Ltd., Inc. for a variance to Article V111, Section 26-45 (SIDE YARD ON CORNER LOTS) of the Zoning Ordinance in order to construct a residence on Lot 1 in Block 1 of Woodlawn Subdivision. Mr. Gino Ratti appeared before Council in support of this request advising that the request was being made to reduce the 25 foot set back on the corner lot by 7 feet in order to have a greater side yard set back on the north side of the residence. Upon inquiry by Mayor Smoak, there was no one present from the floor who voiced objection to this request, whereupon motion was made by Councilman Oswalt, seconded by Councilman Schroede1, and carried, that the request be granted. City Manager Hopkins reviewed the major basic changes covered in Ordinances 141-C and 142-C which were prepared after considerable consideration by the Planning and Zoning Commission and the City Council and which were advertised for Public Hearing this evening. Mayor Smoak advised that Council would now hold a Public Hearing in regard to these proposed zoning changes and inquired if there was any member of. the audience who would like to speak in favor or in opposition to any of these zoning changes. Since there was no one in the audience who wished to speak regarding the zoning changes, the Mayor continued with the Agenda. Mr. James (Bud) Meadows, owner of the Sunnyside Plaza, appeared before Council . e e . MINUTES NQ 1207 with reference to the continual use of the shopping center property by people on skateboards which is adversely affecting the businessess, causing a nuisance, as well as being a dangerous situation. He stated that he had received cooperation from the Police Department and the City Manager and was aware that there were no ordinances on the city books that could be enforced to charge these people with, and asked Council's consideration of some means for assistance with this problem. Following discussion, motion was made by Councilman Byrd, seconded by Councilman Oswalt and carried that the City Attorney be instructed to research the City Ordinances to see what information is available and enforceable and if no ordinances are applicable to this situation, that one be developed that can be enforced. City Manager Hopkins submitted his report orally as follows: That he had received an application for a Dance to be sponsored by the parents of the Junior High School Beta Club members on December 31st from 9;00 P. M. to 1;00 A. M. and requested Council approval; That Fire Chief Smythe has made arrangments for an appreciation dinner for the Volunteer Firemen to be held in Jenkins Auditorium on December 19th at 7:00 P. M. and that Council is invited to attend; and reminded that the Orange Blossom Breakfast would be held on Wednesday, morning, November 26th. With regards the request for a dance, motion was made by Councilman Oswalt, seconded bv Councilman Blackburn and carried that permission be Qranted to the parents of the Junior High School Beta Club members to sponsor and hold a dance in Jenkins Auditorium on December 31. 1975 provided that all rules and requlations pertaininq to dances held in the auditorium are met. Regarding the dinner for the Volunteer Firemen, Mayor Smoak commented that this was an excellent idea; that the volunteer firemen have done a fantastic job with miniscule cost of what it would be if the city had a full time fire department and that any recognition the city can afford to them is well deserved. Finance Director DeDier reported that he had tax bills from the county on city leased property as follows;.. 'To Landseair, $85.93, Hovis and Baird $744.94 and on the property of the Seminole Well site on which we must pay a prorata share for 1975 tales at $34.30 and requested authorization for payment in November to take the 4% allowable discount. Motion was made by Councilman Blackburn and seconded by Council Schroedel and carried that payment of the ad valorem taxes as outlined by the Finance Director be authorized. Finance Director DeDier was requested to question the County Tax Assessor on the assessment of the lower half of the city hall building in conjunction with 1976 taxes. Mayor Smoak advised that he and the City Manager had met and discussed briefly a tentative format for a Town Hall meeting that he would like to recommend be held on either the 14th, 15th, or 16th of January and that an agenda will be presented at the next regular council meeting for enough lead time to generate some interest in the community. He stated that additionally they had developed an order for a variety of trees for delivery on the 13th of January to tie in with both Arbor Day~ the 16th of January and "Glen Glitter Day" on the 17th. The trees will be available and in the interim period it is hoped that interest can be generated among the local civic clubs to participate in distributing the trees and maybe in planting the trees for a small fee. The Mayor referred to the Questionnaire of the Lake County Planning Department to determine the desire by municipa~ities for County Planning aid in preparing comprehensive development of plans or elements and which was discussed in a work session held last evening, and asked if Council had any objections to the format as prepared. There were no objections. Mayor Mayor recognized Mr. David L. Crowson, Vice President and Senior Project Manager of Dawkins & Associates, Inc. who was present to bring Council up to date on the sewer and water bids. Mr. Crowson introduced Mr. Ron Rector, Project Engineers for the Water and Sewer Improvements to the Council. Mr. Crowson advised as follows: That on November 13th bids were opened on the combined water and sewer program and that a total of twenty-three (23) bids were received for the work ranging from an aggregate low bid of $235,000 to a high of $415,000; that the . e e . MINUTES NQ 1208 low bidders on the water works improvements was 6entra1 Florida Underground, Inc. with a bid price of $122,924.25 and on the Sewage Collection System, Hubbard Construction Company @ $95,939.45 for a combined aggregate low of $218,863.69 as in contrast to the engineers estimate of $281,461.00; (Bid Tabulation Summary Sheet attached to these minutes); that they had evaluated the qualifications of each of the low bidders and their proposals in detail and find that both proposals are proper and in order, and that each of the bidders are adequately qualified and financially capable of competently providing the improvements as called for in the plans and specifications; that in view of this it is their recommendation that council conditionally award these bids conditioned upon the subsequent concurrence by Farmer's Home Administration. In order for FHA to approve these bids the following information will have to be submitted to them: Exhibits including contractor's proposal, summary of certified copy of tabulation, certified copy of the minutes of meeting at which bids were opened, copies of the minutes of this meeting and site certificates as well as other supportive documentation. Mayor Smoak inquired of Mr. Crowson what the timetable would be for the sewer construction. Mr. Crowson stated that the expiration of the bond validation period will be December 4th and that it will be four to five weeks before award of the contract. A period of 180 days is set for completion of the project. Motion was made by Councilman Blackburn, seconded b~ Councilman Schroede1, and carried, that the recommendation of Dawkins & Assoc1ates, Inc. that the conditional awards for the water and sewer improvements project be granted to the two low bidders as follows: Central Florida Underground, Inc. for Water Works Improvements @ $122,924.25 Hubbard Construction Company for Sewage Collection System @ $95,939.45 be accepted. Mayor Smoak inquired of Mr. Crowson, that since the bids have come in at a lower quote than anticipated and that the city would have sufficient funds for the extension of the water system to the southeast quadrant of the city, if he felt that this project could be negotiated with the low bidder at the same rate as they bid on the water improvements. Mr. Crowson stated that the engineers felt that there were several areas worthy of consideration, namely; crossing SR 50 at 12th Street, acquisition of a well site SE of Clermont for future expansion of the system and extension of the system from SR 50 southerly along Grand Highway and US 27 and that they should be considered and that they would work up alternates in order of what they thought should have priority for council consideration. He felt negotiations could be made with the contractor with respect to the extension from SR 50 southerly along Grand Highway and US 27. Mayor Smoak referred to a communication from Teleprompter, Inc. wherein they stated they were creating another wholly owned subsidiary of Teleprompter Southeast, Inc. and requested council approval of the transfer of our franchise to Teleprompter Southeast, Inc. On inquiry of City Attorney Baird for his comments, he stated that he had no comment on the substance and thought we might as well go ahead and redraft it to conform with the form of our ordinance. Mayor Smoak stated that before he would vote in favor of this request he would like to have more information in three specific areas: 1) What is the purpose of the transfer? 2) Would the transfer change the franchise fee that the local company pays to the parent company? and 3) How will the transfer be advantageous to the City of Clermont? and suggested that these questions be conveyed to Teleprompter, Inc. in writing. Motion was made by Councilman Blackburn, seconded by Councilman Oswalt and carried that City Manager Hopkins be authorized to communicate with TelePrompter, in writing, and have them explain the new structure of the corporation and if it would benefit the City of Clermont. . e e . MINUTES NQ 1209 Mayor Smoak referred to invoices from Dawkins & Associates, Inc. on the Minnehaha Estates Design in the amount of $6,444.29 and on Sewer Assessments in the amount of $1~522.21 and from Robert Vason for Legal Services in the amount of $1,937.50, presented for approval. Concerning the invoice for the Minnehaha Estates Design, City Manager Hopkins commented that this figure was based on the estimated construction costs of $154,420.00 when the actual was $95,940.00 and that he had discussed this with Mr. Crowson and that the engineers were going to resubmit a new invoice based on the new figures, but that there were no changes in the other two invoices, and recommended that the invoice for the Minnehaha Estates DeSign be disregarded until a new invoice is received ~ut that the invoices for the sewer assessments and legal services be approved. Motion was made by Councilman Blackburn, seconded by Councilman Oswalt. and carried that the recommendation of City Manager Hopkins that the invoices for the Sewer Assessments and Legal Services be approved, be accepted, and that the bills be paid. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES: DEFININGuOFF-STREET PARKING SPACES, PROVIDING FOR OFF-SITE SIGNS, PROVIDING FOR ON-SITE SIGNS, PROVIDING FOR CERTIFICATES OF OCCUPANCY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AND EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION, and the ORDINANCE was read for a first reading by Mayor Smoak, by title only. Councilman Schroede1 introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA~ AMENDING ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES; PROVIDING FOR SWIMMING POOL AND PATIO REGULATIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a first reading by Mayor Smoak, by title only. Mayor Smoak reminded all those present of the upcoming General City Election to be held on December 2, 1975 and that the polls will be open between the hours of 7:00 A. M. and 7:00 P. M. and of the Public Forum sponsored by the Kiwanis Club to be held on Wednesday, November 26th in Jenkins Auditorium at 7:30 P. M. Mayor Smoak called the following special meetings to be held in the Office of the City Manager: December 1,1975 at 5:05 P. M. to prepare the Ballot Box for the General Election of the City of Clermont to be held on Tuesday, December 2, 1975 and on December 3, 1975 at 8:05 A. M. to canvass the ballot and check the Certificate of Result of the General Election of the City of Clermont to be held on December 2, 1975. The meeting was adjourned at 8:30 P. M. WAD~) kJ. ~- Do ores ~. Carro 1, City Clerk ~~~ C1au e E. Smoak, Jr., Mayor