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02-10-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 10, 1998 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Cole, Council Member Wolfe, Council Member Brown, and Council Member Norquist. Other City officials present were City Manager Saunders~ and Clerk Beasley. INVOCATION The Invocation was offered by Dr. Joseph Wright followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the regular Council Meeting held January 27, 1998, Special Council Meeting held January 26, 1998 and Workshop Meeting held December 18, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Utilities, Inc. vs. City of Clermont City Manager Saunders stated that Mr. Jacob Varn has been the City's attorney in regard to the Utilities, Inc. vs. City of Clermont. Mr. Varn is leaving the law firm of Steel, Hector and Davis and joining a firm named Fowler, Black, Gill and Boggs. The City has an option to stay with his old fm-n or transfer to the new firm. 98-054 A motion was made by Council Member Brown, seconded by Council Member Cole, and carried unanimously to transfer the Utilities, Inc. vs. Ci~ of Clermont file to the firm of Fowler, Black, Gill and Boggs in Tallahassee. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 2 Lake County 20-20 Multi-Modal Long Range TransportationPlan and Study Team City Manager Saunders stated that the County is requesting each City appoint a staff member to a Lake County 20-20 Multi-Modal Long-Range Transportation Plan and Transit Development Plan Study Team which will look at long-range planning for transportation and transit systems throughout Lake County. This study team will meet for the next several months and he recommended that Planning Director Harker be appointed to the team. 98-055 A motion was made by Council Member Norquist, seconded by Council Member Cole and carried unanimously to appoint Planning Director Harker to the Lake Count. 20-20 Multi-Modal Long Range Transportation Plan and Transit Development Plan Study Team. Sewer Main Oversizing City Manager Saunders stated that Lennar Homes for the Kings Ridge Development will be installing sewer lines from Hartwood-Marsh Road along the new Hancock Road right-of-way north to the new sewage treatment plant. He recommended oversizing the line at this time to handle any future development. He reviewed breakdowns for the different types of lines that are proposed. 98-056 A motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously to approve the oversizing of the sewer lines along the Hancock Road right-of-way for approximately $107,500 that may be paid by impact fee credit to Lennar Homes. Workshop Council Members agreed to hold a Workshop Meeting to review the potential Walmart on Wednesday, February 18 at 6:00 p.m. at the Council Chambers in the Police Department. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 3 MAYOR POOL'S REPORT Mayor Pool reported that the South Lake Council For the Arts is presenting a production by the Moonlight Players entitled Man of LaMancha at Jenkins Auditorium from February 6 to March 1. COUNCIL MEMBER WOLFE'S REPORT Council Member Wolfe reported that the Lincoln Park Task Force Committee held Wednesday, February 4 elected Willie Montgomery as Chairman. Mr. Ron Jones was elected Vice Chairman and Doreathe Cole was elected Secretary. Many concerns were expressed on security concerns. Input was received regarding recreational improvements desired for the park and will be provided to the Park and Recreation Committee meeting to be held on February 11 at the Clermont Elementary School. UNFINISHED BUSINESS City Manager Saunders stated that the appointment of Mayor Pro Tem for 1998 was postponed from the previous meeting. The City Charter required that the Council appoint a Mayor Pro Tem to act as Mayor during the absence or disability of the Mayor and is responsible for the invocation. 98-057 A motion was made by Council Member Wolfe, seconded by Council Member Brown and defeated three to two with Council Members Norquist, Cole, and Mayor Pool voting nay. to appoint Council Member Brown as Mayor Pro Tern for 1998. 98-058 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried three to two with Council Members Wolfe and Brown voting nay to appoint Council Member Norquist as Mayor Pro Tern for 1998. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 4 VISITORS WITH BUSINESS Indian Shores - Variance Request City Manager Saunders stated the applicant is requesting a variance to the side yard set back on corner lots to allow a 20' setback rather than the required 35' setback for specific lots within the Indian Shores Subdivision. Mayor Pool stated that a Quasi- Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Clerk Beasley swore in the following: Sophia Langley Mark Kinchla Gary Kokaisel 10239 Thompson Place, Clermont 1630 12~h Street, Clermont 1416 W. Lake Shore Drive, Clermont Sophia Langley stated she represented Mark Kinchla for Indian Shores. She presented a diagram indicating the need for the variance. City Manager Saunders explained that after the Indian Shores Subdivision received approval of the preliminary plan, but before they actually received final approval, the new Land Development Regulations were adopted which changed setback requirements on comer lots. They were caught in the middle so there is cause to consider giving some relief on the lots. The new regulations require a larger setback on a corner lot than the old regulations and in order to accommodate a larger setback, a comer lot is required to be a wider lot. City Manager Saunders entered a letter into the record from Mr. Gary Kokaisel Mr. Kokaisel stated he is concerned that the 20' side will include a sidewalk and a fence which will be right on top of the sidewalk which will give a very condensed look and would be objectionable. Mark Kinchla stated there if a fence is desired, approval must be first obtained from the architectural review committee that is part of the covenant's deeds and restrictions for the subdivision. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 5 98-059 A motion was made by Council Member Wolfe, seconded by Council Member Brown, and carried unanimously to approve the variance of 20' side yard rather than 35'for lots Lots 1, 32, 33, 38, 39, 44, 45, 50, 51, 56,57,62,63,&68. Citrus Tower - Variance Request City Manager Saunders stated that the applicant is requesting a variance to our Open Air Sales Ordinance to allow one Open Air Sales per month whereas our Ordinance allows only one per year. Last year the City Council granted a similar variance which allowed this property to have a total of six open air permits for the remainder of the year which was in effect one per month. Mayor Pool stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Clerk Beasley swore in the following: Greg Homan Don Harris 141 N. Highway 27, Clermont 612 Grand Highway, Clermont Mr. Greg Homan stated his request is the same as last year in that the Citrus Tower is a unique property and has the capability of holding open air sales for car shows, boat shows, etc. The ordinance only allows one per year. Mr. Homart stated that last summer that the Council granted six and he is requesting a variance for this year. City Manager Saunders stated that last year the staff recommendation was for approval with the request that the property owner submit an overall plan for the site through the Planned Unit Development process which would include a request for additional Open Air Sales. It was recognized during last year's variance hearing that this is a unique parcel which was considered in the granting of the variance. Staff again recommends that an overall plan should be developed for the site and possibly some temporary additional open air sales until the planning is done. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 6 Mr. Don Harris stated he lived near the Citrus Tower and that he supported the request. Mayor Pool stated that Mr. Don P. Adams, a nearby property owner, has relayed to staff that the Citrus Tower should abide by current City regulations. 98-060' ' A motion was made by Council Member Cole, Mayor Pool passed the gavel to Mayor Pro Tern Norquist and seconded the motion. The motion was carried unanimously to approve six additional 3-day maximum Open Air Sales for the Citrus Tower for 1998. Safe-T-Storage - Resolution No. 989 City Manager Saunders stated that the applicant is requesting an amendment to their Conditional Use Permit to allow a solid concrete perimeter wall. Mayor Pool read Resolution No. 989 by title only and stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Clerk Beasley swore in the following: Bob Thompson Don Burris 1958 Brantley Circle, Clermont 1479 10~ Street, Clermont City Manager Saunders stated that an amendment is requested to Resolution No. 945 for the mini-warehouses recently constructed on U.S. 27 south of S.R. 50. The original Conditional Use Permit specifically required a perimeter wall that would be a combination concrete block and wrought iron decorative wall. The applicant is requesting they be allowed to construct a solid concrete perimeter wall without the wrought iron. He stated that the wall has already been constructed and this request is after the fact. The type of wall that was specified was strictly for aesthetics and the staff has no opposition to the change in the type of wall requested and recommends approval of the request. Staff recommends approval. Mayor Pool closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 7 98-061 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried unanimously by roll call vote to adopt Resolution No. 989. Safe-T-Storage - Variance City Manager Saunders stated that the applicant is requesting a variance to the City's height limitation for a wall. Mayor Pool stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Clerk Beasley swore in the following: Don Burris Bob Thompson 1475 10th Street, Clermont 1958 Brantley Circle, Clermont Bob Thompson stated that because of elevation problems, they are asking for a variance from 6' to 9' height for the perimeter wall. The contractor apparently looked at the design in reverse and rather than the final grade as shown which provides for the 6' wall on the exterior of the site and a 9' wall on the interior which would be allowed, the wall was reversed with 6' interior and 9' exterior on the south side. The lower 2- 3' is actually a retaining wall and will be obscured by a landscape hedge. Don Burris requested that the variance be denied. He stated they denied Marina Cove and a neighbor was required to saw off 6" of fence that was over the height limit. City Manager Saunders stated that our Code restricts walls to a maximum of 6'. The request is for a wall that would be 9' tall which is located along the southern end of the mini-warehouses that have been constructed on U.S. 27. Due to the location of this wall being adjacent to the storm water area, the existing topography inside and outside of the wall, and the fact that the wall will not be directly abutting additional development, staff recommends approval of the request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 8 Council Member Norquist stated that because of the topography of the area, staff should develop new retaining wall/perimeter fence specifications. 98-062 A motion was made by Council Member Norquist, seconded by Council Member Brown, and carried unanimous(v to approve the 9'fence height variance for the Sate-T-Storage located on the west side of U.S. 27, south of S.R. 50. Time Warner - Resolution 993 Mayor Pool stated that Time Warner Communications is reorganizing the ownership structure of several franchises and is transferring Cablevision Industries of Central Florida which provides cable service to Clermont to an entity called Time Warner Entertainment-Advance/Newhouse Partnership (TWEAN). Mayor Pool read Resolution No. 993 by title only. Linda Shafer, Director of Operations for Time Warner Communications stated that about two years ago the transfer of the control of the franchise went from Cablevision Industries to Time Warner Communications and this will change the actual name on the franchise. City Manager Saunders stated that Resolution No. 993 will accomplish the name change and transfer requested. Staff recommends approval. 98-063 A motion was made by Council Member Wolfe, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution 993. Introduction of Ordinance 341-M City Manager Saunders stated that DisposAll, Inc. is requesting a non-exclusive commercial garbage franchise with the City. This is for introduction only, and Ordinance 341-M will be presented to the Council for a public hearing and fmal adoption on March 10. Mayor Pool Read Ordinance 341-M by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 9 98-064 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried unanimously to introduce Ordinance No. 341-M. Introduction of Ordinance 286-C City Manager Saunders stated that Ordinance 286-C is for introduction only and will amend Ordinance 195-C regarding the City's contribution to the Defined Contribution Plan and was recommended Pension Committee. Mayor Pool read Ordinance 286-C by title only and stated the public hearing will be held on March 10, 1998. 98-065 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to introduce Ordinance 286-C. Optional Gas Tax - Resolution 994 City Manager Saunders stated Resolution 994 declares the Council's support of Lake County League of Cities' position on the distribution of the local option gas tax that is levied by Lake County. Currently there are three different formulas for distribution based on the 1st and 2nd, 3rd and 44, and 5m and 6m cents tax that has been levied by the County. The request is proposing one formula for all six cents that will be more equit- able for the cities and the County. Mayor Pool read Resolution No.994 by title only. 98-066 A motion was made by Council Member, seconded by Council Member and carried unanimously to adopt Resolution 994. Change Order//2 - Sunshine Building and Development City Manager Saunders stated that Change Order//2 will extend the contract time for 30 days for Sunshine Building and Development. He recommended approval due to a delay in receiving and approving the shop drawings for some of the materials. The contractor has worked closely with us to complete this project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 10 98-067 A motion was made by Council Member Wolfe and seconded by Council Member Cole and carried unanimously to approve Change Order #2 to extend the contract time for 30 days for Sunshine Building and Development for Lift Stations E-2 and E-3. Change Order #4 - Sunshine Building and Development City Manager Saunders stated that Change Order No. 4 will reduce the contract price by $2,051.20. The reduction is due to the deletion of a concrete driveway and sidewalks at Lift Stations E-2 and E-3. These items were not needed and will save the City $2,051. 98-068 A motion was made by Council Member Cole, seconded by Council Member Brown, and carried unanimously to approve Change Order #4 to recude the contract price by $2,051.20for concrete work at Lift Stations E-2 and E-3. Property Purchase City Manger Saunders stated an appraisal has been done on the western piece of the Ellrodt property located on Minneola Avenue in the amount of $30,000. This property is needed for the proposed access road to the boat ramp site. He recommended that an offer be made to Mr. Ellrodt in the amount of $30,000 for the purchase of this property. Council Member Wolfe was opposed to the purchase of the property for boat ramp access because it is a waste of a beautiful lakefront property. Mayor Pool and Council Member Brown stated that access should be provided for the lakefront property, whether it is used for a boat ramp or not. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 10, 1998 Page 11 Council Member Norquist questioned whether a Council Member should vote if they would benefit from a commission on the sale of the property. City Attorney Baird stated that the Council Member must decide that issue himself. 98-069 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried four to one with Council Member Wolfe voting nay. to approve an offer of purchase of $30, O00 for the western piece of the Ellrodt proper~ located on Minneola Avenue. There being no further business or discussion, the meeting adjourned at 9:15 p.m. Attest: ~osep~Clerk