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06-08-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 A regular meeting of the City Council of the City of Clermont was held Tuesday, June 8, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council members present: Council Member Turville, Council Member Cole, Council Member Ivey, and Council Member Norquist. Other City officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, Finance Director Van Zile, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held May 25, 1993 were approved as presented. CITY'MANAGER SAUNDERS' REPORT Workshop Meeting City Manager Saunders stated attorney Cecelia Bonifay has asked to update Council members of the proposed Raceplex plans and learn what concerns they may have. He suggested scheduling a Workshop Meeting for June 15, 1993 at 7:00 p.m. in the Council Chambers. Council Members agreed to this time. COUNCIL MEMBER NORQUIST'S REPORT Council Member Norquist stated that a date needs to be set for the City employee's picnic. City Manager Saunders stated the department heads will meet soon and will set the date. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 2 RE-ORDERING AGENDA ITEMS Council Member Ivey requested that Agenda item #4 (Marino Thomas/Russell Lambert, Resolution #785) be moved to item #1. Council Members agreed. UNFINISHED BUSINESS Russell Lambert and Marino Thomas, Resolution//785 Mayor Pool read Resolution #785 by title only and explained that the applicants are requesting a Conditional Use Permit for a professional and retail use building to be located at the southwest corner of East Avenue and Broome Street in a C-1 Light Commercial District zone. He advised that the Conditional Use Permit request re- quires a Quasi-Judicial hearing, and that all those people wishing to speak in favor of, or opposition to the request should be sworn in. The following people were sworn in: Marino Thomas Mike Stout 993 W. Lake Shore Drive 939 East Avenue Clermont, FL Clermont, FL Mayor Pool opened the Public Hearing. Marino Thomas stated he plans to build a building on the vacant lot at the corner of East Avenue and Broome Street. A landscape buffer variance for the south property line is requested allowing 3' where 5' is required. The 3' landscaping would connect with Cumberland Farms existing buffer area. Mike Stout stated he opposed the proposed building because of code violations. He has lived across the street from Bishop Field down the street from the proposed building site for three years. He stated City code allows a 3,000 sq. ft. building, however the proposed building is 5,000 sq. ft. and requires a variance. He stated the. lot could not handle 5,000 sq. ft. and meet City code. He did not feel it was in the best interests of the City of Clermont to change the correct zoning to allow a larger building in this location. City Manager Saunders explained that a Conditional Use Permit is required for any building in a C-1 zone over 3,000 sq. ft. The Code does not prohibit a building larger than 3,000 sq. ft., only that a thorough review be made by the Planning & CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 3 Zoning Commission and City staff with a Conditional Use Permit for buildings larger than 3,000 sq. ft. The only variance requested in this application is about 100' of 3' landscape buffer instead of a required 5' buffer on the south boundary. An additional condition is listed in the proposed Conditional Use Permit for extra landscaping along Broome Street and East Avenue because of the concerns of neighbors regarding appearance. He stated the Planning & Zoning Commission and staff recommend approval with the conditions listed in Resolution #785. Marino Thomas had concerns about replacing the 4' sidewalk with a 5' sidewalk. City Manager Saunders stated that bringing things up to existing code is another purpose of Conditional Use Permits. Council Member Norquist inquired about a dumpster site. City Manager Saunders stated a feasible place will be the southwest corner. Mike Stout stated he felt the project was being pushed through and asked what could be done if the building did not meet code. City Attorney Baird stated the final site plan must verify that the project will meet Code and all other City requirements or a building permit will not be issued. Mayor POol closed the Public Heating. 93-0 84 A motion was made by Council Member Cole, seconded by Council Member Ivey_, and carried unanimously by roll call vote to adopt Resolution #785 and approve a 3' landscape variance on the south property_ line bordered by Cumberland Farms. VISITORS WITH BUSINESS Ann Smith, Lee-Ann Seafood Open Air Sales Permit Request City Manger Saunders stated that Ann Smith, Lee-Ann Seafoods was granted a 6- month Open Air Sales Permit to sell seafood at 511 W. Highway 50. The six month permit has expired and the applicant is requesting an extension of time as well as an extension from the original 3-day per week permit to allow 5 days (Thursday through Monday) at this location. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 4 Ann Smith stated she has searched and has been unable to find an affordable building to rent for her seafood business; She is requesting 5 days (Thursday through Monday) to confirm that her business can be full-time. New regulations for fishing and netting are going into effect in September and she is cautious about making a substantial investment at this time. Council Members noted that the signage at the business has been uncontrolled. Members also discussed the unfair competition Open Air businesses represented to the permanent businesses in the area. Council Member Ivey stated that Open Air business violated the integrity of City codes. Council Member Norquist thought Clermont should not shut the door to this type of business. 93-085 After considerable discussion, a motion was made by Council Member Ivey_, seconded by Council Member Turville, and carried three to two with Council Member Norquist and Mayor Pool voting nay_ to deny the Open Air Sales Permit extension to Lee-Ann Seafoods. Daysi Simpson, Daysi's Flowers Open Air Sales Permit Request City Manager Saunders stated Daysi Simpson has been granted a 30 day temporary permit to sell flowers in the small grassed area between Clermont Realty and Circle K on Highway 50 (675 E. Highway 50). 'She is now requesting a permanent permit to operate in this location. Daysi Simpson and her husband stated Mr. J. M. Vander Meer had suggested the location. Only bundled fresh Carnation flowers will be sold on a part time basis and low volume. Council Member Ivey stated the area has limited parking and heavy traffic along Highway 50 would present a potential traffic hazard. 93-086 A motion was made by Council Member Ivey_, seconded by Council Member Turville, and carried unanimously to deny the request for a permanent Open Air Sales Permit to Daysi's Flowers at 675 E. Highway_ 50. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 5 Downtown Clermont Association, Architectural Charrette Mr. George Wood explained that the Orlando chapter of the American Institute of Architects is sending five teams of Central Florida architects to downtown Clermont on July 17 to analyze and design creative ways to enhance the image and function of downtown Clermont. He explained that "Charrette" is a French word meaning either "cart" or finishing an architectural project with a tight deadline. Mr. Wood explained that five banks, the Clermont Merchant's Association, and several merchants have pledged donations for the expenses of the Charrette and $250 is requested from the City. 93-087 A motion was made by Council Member Ivey_, seconded by Council Member Cole, and carried unanimously to approve contributing $250 to the expenses of the July 17 Charrette UNFINISHED BUSINESS Final Reading of Ordinance 251-M Mayor Pool stated that Ordinance 251-M would close a portion of Lake Shore Drive between East Avenue and 2nd Street between the water's edge and a point 7' south of the existing pavement. He read the Ordinance by tire only and stated the Ordinance should clear up the title problems on the lake property. Mayor Pool opened the Public Heating. No on spoke in favor of or opposition to Ordinance 251-M, and the Public Heating was closed. 93-0 88 A motion was made by Council Member Ivey, seconded by Council Member Cole and carried unanimously by roll call vote to adopt Ordinance 251-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 6 NEW BUSINESS Lease Renewal, The Hair Shop (797 W. Minneola Dr.) City Manager Saunders stated that the lease agreement' for the Hair Shop (Mrs. Isabelle Durand) at 797 W. Minneola Drive has expired. He stated that Mrs. Durand has been a good tenant and he recommended approval of a two year renewal of the lease which requires $250 per month. The proposed lease includes the option to increase the rent or make changes to the lease in the second year. 93-089 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve a two year lease renewal with Mrs. Durand (The Hair Shop.) at 797 W. Minneola Dr. Audit Agreement for Fiscal Year 1993 City Manager Saunders stated that Greenlee, Kurras, Rice & Brown, the City's auditors for over 20 years, have submitted a proposal for their audit services which is $500 over the past three years. The increase is requested due to the additional compliance work required for our Community Development Block Grant. A summary of City audit fees for the past five years shows a fee of $22,000 has been charged for the last three years. 93-090 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve an auclit fee of $22,500 for the firm of Greenlee, Kurras, Rice & Brown for the year ended September 30, 1993. Utility Agreement with Johns Lake Estates City Manager Saunders stated that the proposed agreement to provide water services to the Johns Lake Estates subdivision is still in draft form. He explained that this is the first step in the plan to serve the area east of Clermont which is included in our Utility Service District. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 7 A concern regarding EDB contamination occurring in the wells has been discussed with the Department of Environmental Regulation. They have stated that there are existing funds available for deepening wells or for filters or other treatment for contaminated wells. The developer will be submitting his proposed revisions and City Attorney Baird will refine the agreement. City Manager Saunders requested that the item be tabled until the June 22 meeting. 93-091 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to table the proposed Utility Agreement with Johns Lake Estates until the June 22, 1993 meeting. Bid Award, Parking Lot Paving at Palatlakaha Recreation Area City Manager Saunders stated that four bids were received for paving a parking lot area at Palatlakaha Recreation Area, as follows: Art Walker Paving & Excavating Paquette Paving Co., Inc. Professional Dirt Service, Inc. Superior Asphalt $14,500 $10,200 $13,740 $12,090 He recommended that the low bid from Paquette Paving Co, Inc. be accepted. A budget amendment will also be required since only 8,000 was budgeted in this year's budget. Council Member Turville asked if Paquette Paving was the firm that did the work on Lake Shore Drive last year that took so long to complete. City Manager Saunders confirmed that it was them, however, there is a completion clause with a specified time requirement in the contract for this project. Council Member Turville stated he was dissatisfied with Paquette's past performance. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 8 93-092 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried four to one with Council Member Turville voting nay_ to award the bid to Paquette Paving for $10,200 to pave the parking lot at Palatlakaha Recreation Area, together with a budget amendment of $2,200. Clermont Regional Shopping Off-Site Utility Upgrade Funding Approval City Manager Saunders stated that the Clermont Regional Shopping Center is required to update the water system along Pitt Street and Grand Highway to meet their water demands for their project. He recommended that the City upgrade the pipe size from 8" to 12" for 960' along Pitt Street from Grand Highway to Highway 27 and install 12" pipe on Pitt Street from Highway 27 to Bloxam to connect to an existing 12" pipe at Bloxam. An upgrade from 8" to 12" pipe along Highway 50 from Grand Highway east to the eastern boundary of the shopping center is also recommended. This will correct the low pressure on Mohawk Road and will provide an additional water supply for areas east of Grand Highway. The total cost will be approximately $27,000. 93-0 93 A motion was made by Council Member Turville, seconded by Council Member Norquist and carried unanimously to approve the utiliU upgrades to the water system in the Clermont Regional Shopping Center area for approximately $27,000, and a budget amendment for $27,000. Lake Wilma Lift Station Conceptual Plan Approval City Manager Saunders explained that the developer of the shopping center south of Highway 50 is required to install a small lift station to pump sewage to the north side of Highway 50 to go into the existing City system. Instead of installing this small lift station, it is proposed to take a cash contribution from the developer and construct a major lift station in the Lake Wilma area situated by the Orange Motel that will service the future needs of the area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 9 A major lift station is estimated to cost between $250,000 and $350,000. A contribution from the developer in lieu of the small lift station will be approximately $45,000. A connection fee or assessment will be devised for the area. Council Member Ivey asked about engineering fees for the lift station. City Manager Saunders stated engineering fees are typically 8 %. Council Member Ivey asked for a recap of engineering fees for the year and where we are in regard to total budget amendments. City Manager Saunders stated these figures will be reviewed at the budget workshops in July. 93-0 94 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve the major lift station concept in the Lake Wilma area. MISC. COMMENTS Yard Sales Mr. Winters questioned how many yard sales are allowed and if it is allowed to bring items in from somewhere else to sell in the yard sale. City Manager Saunders stated two yard sales a year were allowed, each sale not to exceed two days. Veterans Park Mayor Pool asked if any improvements were planned for the Veterans Park with the money contributed from Disabled American Veterans. City Manager Saunders stated steps were planned to be installed as soon as the money has been received. Community Development Block Grant Mayor Pool asked if a new Community Development Block Grant was being applied for. City Manager Saunders stated that we were not eligible to participate at this time, but we will apply if we become eligible again. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 8, 1993 PAGE 10 There being no further business or discussion, the meeting adjourned at 9:48 p.m. Attest: