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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. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 Page 2 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. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 Page 3 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. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 Page 4 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. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 Page 5 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. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 Page 6 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. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 Page 7 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 MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 1998 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: