09-08-1998 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 8, 1998
A regular meeting of the City Council of the City of Clermont was held Tuesday,
September 8, 1998 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m.
by Mayor Pool with the following Council Members present: Council Member Brown,
and Council Member Cole. Other City officials present were City Attorney Baird,
Finance Director Van Zile and Clerk Beasley.
INVOCATION
The Invocation was offered by City Planner Brown followed by the repeating of the
Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the regular Council Meeting held August 25, 1998 were approved as
presented.
CITY MANAGER SAUNDERS' REPORT
Special Council Meeting and Workshop Meeting
City Manager Saunders reminded Council Members of the Special Council Meeting
scheduled for Tuesday, September 15 at 7:30 at the Highlander Hut which will be the
final hearing on the Ad Valorem Tax and the Budget. A Workshop previously scheduled
for September 17 will be held on September 15 at 6:00 p.m. at the Police Department.
MAYOR POOL'S REPORT
Labor Day Celebration
Mayor Pool congratulated everyone who was involved in making the Labor Day
Celebration so successful. He also congratulated the South Lake Moonlight Players who
recently produced Nunsense.
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MAYORAL PROCLAMATIONS
Mayor Pool proclaimed that the week of September 17 through 23, 1998 to be
Constitution Week and asked that citizens reflect on the benefits of our Constitution. He
awarded a Recognition Proclamation to Lake Community Action Agency and stated that
the agency provides an invaluable contribution to our nation. A Peace Proclamation
recognizing September 15 as an International Day of Peace was also noted by Mayor
Pool.
VISITORS WITH BUSINESS
Bob Wade - Variance Request
City Manager Saunders stated that Mr. Wade is requesting a variance to the driveway
standards to allow the placement of pavers within the right-of-way. He proposes to
construct the driveway to City standards, but then also place the pavers on the required
concrete apron for a decorative enhancement. Mayor Pool stated that the request requires
that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in
opposition to the request should be sworn in.
Bob Wade stated that if there is a problem in the future, they will be happy to take care of
it. He stated there are pavers in other areas of town.
City Manager Saunders stated that staff recommends approval as long as the concrete
meets minimum specifications under the pavers. This type of request has been granted in
the past, however, if the Council should approve the request, an agreement should be
provided by Mr. Wade that would hold the City harmless of any damage to the pavers
that might occur in the future, either through City vehicles or other traffic in this right-of-
way area. The agreement should stipulate that in the event that any work is required
within the right-of-way that the City's responsibility would be only for the repair of the
standard driveway apron, and any repair or replacement of pavers would be Mr. Wade's
responsibility.
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REGULAR COUNCIL MEETING
SEPTEMBER 8, 1998
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98-268
A motion was made bY Council Member Brown, seconded bP Council
Member Cole, and carried unanimously to approve a variance to Bob
Wade at 1363 W Lake Shore Drive to allow the placement of pavers within
the right-qf-wa¥ with the provision that Mr. Wade provides an agreement
that the City wouM be hem harmless_for any damage to the pavers that
might occur in the future and repair or replacement Of the pavers wouM be
Mr. Wade's responsibility.
Hunter's Trace - Letter of Understanding
City Manager Saunders stated that the Department of Transportation is requesting that
the City Council submit to them a letter of understanding agreeing that the City will not
issue a final Certificate of Occupancy for Hunter's Trace commercial subdivision which
includes the Denny's Restaurant and the Holiday Inn Express without the prior approval
and acceptance of the required Highway 50 improvements by the Florida Department of
Transportation. The improvements that are to be made on Highway 50 are a part of
approved plans and he recommended that the City Council approve the submittal of this
letter of understanding with FDOT.
98-269
A motion was made by Council Member Cole, seconded bY Council
Member Brown, and carried unanimously to issue a letter of understanding
to the Florida Department of Transportation that the City will not issue a
final Certificate of Occupancy for Hunter's Trace commercial subdivision
without prior approval and acceptance of the required Highwa¥ 50
improvements bp the FDOT.
South Lake County Foundation - Festival Approval Modifications
City Manager Saunders stated that the Council previously approved the Foundation's Pig
on the Pond festival scheduled November 13 and 14. Lisa Jensen of the South Lake
Foundation requested approval for the placement of a banner across Montrose Street at
8th Street for the event.
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City Manager Saunders stated that banners have been placed in this location in the past
and he recommended approval. The Triathlon banner will be located at this location and
this banner can be put up when that banner is taken down about October 23.
9 8- 270
A motiOn was made by Council Member Brown, seconded by Council
Member Cole, and carried unanimously to approve a Pig on the Pond
festival banner across Montrose Street at the 8 tn Street location from
approximately October 23.
Commercial Refuse
City Manager Saunders stated that Commercial Refuse, Inc. has a franchise agreement
with the city for commercial garbage pickup. Under the franchise agreement, any
transfer of the franchise to another company must be approved by the City Council. Mr.
Gregory Lowe, President of Commercial Refuse, Inc. requests approval of a transfer of
stock for their company.
98-271
A motion was made by Council Member, seconded by Council Member,
and carried unanimously to approve a transfer of the franchise from
Commercial Refuse, Inc. to Superior Services, Inc.
.UNFINISHED BUSINESS
Final Reading of Ordinance 359-M
Mayor Pool read Ordinance 359-M by title only and opened the public hearing. Mayor
Pool explained that the ordinance establishes the trust fund for the Downtown
Community Redevelopment Agency which will provide the financial mechanism for the
control of the restricted funds that will be received into the CRA. City Manager Saunders
explained that the defined downtown district will receive any additional taxes received
from increased assessments on new or improved properties within that defined district.
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Francis Hartle, 13642 Hartle Road, Clermont asked who will oversee the trust fund. City
Manager Saunders stated that a Community Redevelopment Agency which is composed
of the five Council Members and two members appointed by the Council will oversee the
fund. Kristine Sette, 618 Brooke Court, Clermont asked if streets and sidewalks could be
improved within the district. City Manager Saunders stated that the CRA board has
adopted a development plan which has targeted infrastructure such as sidewalks and
street lighting. City Manager Saunders recommended adoption.
98-272
A motion was made bp Council Member Brown, seconded by Council
Member Cole, and carried unanimousl_¥ by roll call vote to adopt
Ordinance 359-M.
NEW BUSINESS
Introduction of Ordinance 358-M
Mayor Pool read Ordinance 358-M by title only and stated that the public hearing will be
held September 22. The ordinance will rezone approximately 10 acres located east of
Highway 27, south of Steves Road from tiE Urban Estate to C- 1 Light Commercial.
98-273
.4 motion was made b¥ Council Member Cole and seconded by Council
Member Brown, to introduce Ordinance 358-M.
Introduction of Ordinance 360-M
Mayor Pool read Ordinance 360-M by title only and stated that the public hearing will be
held September 22. City Manager Saunders stated that the ordinance will annex
approximately 29 acres located west of Lost Lake and adjoins the proposed Lost Lake
Reserve project which was annexed into the City several months ago.
98- 274
.4 motion was made by Council Member Cole and seconded by Council
Member Brown to introduce Ordinance 360-M.
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Introduction of Ordinance 361-M
Mayor Pool read Ordinance 361-M by title only and stated that the public hearing will be
held September 22. City Manager Saunders stated that the ordinance will annex
approximately 17 acres located northwest of Lost Lake and adjoins the 29 acres included
in Ordinance 360-M This will be a part of the Lost Lake Reserve project that is
currently in the City limits.
98-275
A motion was made bp Council Member Cole and seconded by Council
Member Brown to introduce Ordinance 361-M.
Introduction of Ordinance 362-M
City Manager Saunders stated that Skytop Grove, Ltd. is requesting annexation of
approximately 125 acres that is located north of Old Highway 50, northeast of the
proposed connection of the northerly extension of Hancock Road and Old Highway 50.
Mayor Pool read Ordinance 362-M by title only and stated that the public hearing will be
held on September 22.
98-276
A motion was made by Council Member Brown and seconded by Council
Member Cole to introduce Ordinance 362-M.
Introduction of Ordinance 363-M
Mayor Pool read Ordinance 363-M by title only and stated that the public hearing will be
held on September 22. City Manager Saunders stated that Center Lake Properties, Ltd. Is
requesting to annex approximately 422 acres that is located north of Old Highway 50 and
in the general vicinity of Black Still Lake Road which would be contiguous with the City
with the annexation of the previous 125 acres to be annexed in Ordinance 362-M.
98-277
A motion was made by Council Member Cole and seconded by Council
Member Brown to introduce 363-M.
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Contract Award
City Manager Saunders stated that three quotes were received for the required electrical
controls and connections for the new ballfield lighting at McKinney Park, as follows:
Advance Electric $4,000; Amber Electric, Inc. $4,050; and M.Gay Constructors, Inc.
$4,500. He recommended approval of the low quote of Advance Electric for $4,000.
98-278
A motion was made bY Council Member Cole, seconded bp Council
Member Brown, and carried unanimously to award the electrical controls
and connections for the new ball_fieM lighting at McKinne¥ Park to
Advance Electric_for $4,000.
Change Order
City Manager Saunders recommended approval of Change Order//7 for Sunshine Build-
ing and Development for improvements being made to Litl Stations 21 and 21-A for the
east sewer system. These lift stations are being improved and the flow is being redirected
from the west system to the east system. The additional items in the change order were
found to be needed after we started the refurbishment. He also requested that an approxi-
mately 13-year old pump that is being removed from the lift station be declared surplus
and be transferred to Sunshine Building and Development Corporation in return for a
$500 credit against the change order. The total change order amount is $6,969.39.
98-'279
A motion was made bY Council Member Cole, seconded bP Council
Member Brown and carried unanimously to approve Change Order #7 to
Sunshine Building and Development for Lift Stations 21 and 21-A in the
amount 0f$6,969. 39 and declare the pump surplus and transferred to
Sunshine Building and Development for a $500 credit.
AUDIENCE COMMENTS
Mr. Fred Sommer of CFT Sommer Sports stated that last December the Council
approved his list of requests for the 1998 triathlons. He reviewed item #5 which was a
request to hang the Great Floridian street banners. Mr. Sommer stated that he has been
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
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Page 8
told by both the City Public Service Department and Florida Power do not have time to
put up the banners in the next few weeks. The minutes from last December's meeting do
not indicate that the banners will be put up by the City. He asked that the Council
approve that the banners be putup by the City Public Service Department within the next
week. City Manager Saunders stated that the City crews are heavily scheduled and the
City only has one bucket truck so the one week time-frame would not be likely. Mr.
Sommers asked that the downtown area be done first.
Triathlon Complaint
A North Ridge subdivision resident stated that police stopped him from leaving during
the National Triathlon in June. City Manager Saunders stated that he and Chief Story
met with the Sheriff's Department and Mr. Tracy and reviewed similar comments
regarding overly aggressive officers involved in rerouting traffic.
Property Location
Frances Hartle stated she checked a property transfer with the South Lake Annex
regarding and they couldn't find Section 32 in the plat book. City Manager Saunders
stated that a large section of Section 32 was in Lost Lake Reserve area.
Code Enforcement
Mr. Lyles asked if there is proper legal counsel for the Code Enforcement Board. City
Attorney Baird stated the City appointed the legal counsel for the Code Enforcement
Board according to State Statutes. Mr. Lyles stated that it should be in accordance with
the Florida Bar Rules (4-1.7). He stated it is the third time he has brought this question
up.
Mr. Lyles asked if the policy has been changed for the amount charged for copies. City
Manager Saunders stated that the maximum allowable amount of $. 15 per copy
according to State Statute is charged.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
SEPTEMBER 8, 1998
Page 9
There being no further business or discussion, the meeting adjourned at 8:30 p.m.
Attest: