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11-14-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, November 14, 2000 at Jenkins Auditorium. Mayor Turville with the following Council Members present called the meeting to order at 7:30 p.m.. Council Member Biddle, Council Member Mullins, Council Member Lamb and Council Member MacLauchlin. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, Finance Director Van Zile and Deputy City Clerk Maddox. INVOCATION The Invocation was offered by Council Member Biddle followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Biddle, seconded bP Council Member Mullins, and carried unanimously to approve the minutes o_f the Council Meeting held October 24, 2000. CITY MANAGER SAUNDERS' REPORT Workshops City Manager Saunders reminded the Council of the workshop scheduled for 6:00 p.m. on November 16, 2000 at the Police Department Community Room. Mr. Saunders then scheduled a workshop for 6:00 p.m. on December 7, 2000 at the Police Department. City Manager Saunders stated that there are 4 vacancies on the Planning and Zoning Commission at this time and if one person is absent the Commission will not have a quorum. Mr. Saunders stated that there are two more P & Z meetings before the annual appointments to that Board and asked if the Council desired to go ahead and advertise and appoint at least two people at the next Council meeting. There was consensus that the advertisement would be published and two Planning and Zoning Commission Board members would be appointed at the next Council Meeting. CITY ATTORNEY GUTHRIE No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 2 FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE Council Member Biddle congratulated the South Lake Community Foundation for a wonderful Pig-On-The-Pond event and stated record crowds attended. Mr. Biddle invited everyone to attend the Chamber Breakfast on Friday, November 17, 2000 and stated that Bonnie Ray from the Library and Rose Biddle of Mainstreet will talk about Clermont past and present. COUNCIL MEMBER MULLINS Council Member Mullins reiterated that the Pig-On-The-Pond event was a huge success. COUNCIL MEMBER LAMB No report. COUNCIL MEMBER MACLAUCHLIN No report. MAYOR TURVILLE'S REPORT Mayor Turville stated that he attended the Korean War Veterans ceremony and recommended that everyone attend the event next year. Mr. Turville read a letter from the Chairman of the West Orange-South Lake County Task Force expressing the accomplishments of the Task Force this year and requesting an increase in the dues for the coming year. Mr. Turville asked that the increase in dues be put on the next agenda. Mr. Turville stated that he and City Manager Saunders attended a Water Conservation Committee meeting sponsored by the St. Johns Water Authority and stated that the Authority fully expects the drought to be worse in the Spring and suggested that everyone keep focused on our water situation. Mr. Turville stated that he and City Manager Saunders also attended the County Commission meeting where the League of Cities CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 3 presented the Joint Planning Proposal. Mayor Turville stated that the Lake Apopka Planning Initiative held a reception to deliver their work product and stated that our City will be getting a presentation in the near future as it relates to the effort of restoring Lake Apopka. UNFINISHED BUSINESS Ordinance No. 405-M-Final Reading City Manager Saunders recommended that this be tabled until the December 12, 2000 Council Member to give Adelphia Business Solutions additional time to review the Agreement. A motion was made by Council Member Lamb, seconded by Council Member Mullins and unanimously approved to table Ordinance No. 405-M until the December 12, 2000 j,a.I Council Meeting, time certain. Ordinance No. 302-C-Final Reading Mayor Turville read Ordinance No. 302-C by title only. City Manager Saunders stated that this Ordinance creates grading guidelines for all future development and will be made part of our Land Development Regulations. Mr. Saunders stated that the Planning and Zoning Commission recommends approval and stated that City Engineer Tamara Richardson was present to answer any questions. Mayor Turville asked for any questions or comments and there were none. A motion was made bY Council Member Biddle, seconded by Council Member d) dg~/ MacLauchlin and unanimously approved to adopt Ordinance No. 302-C. ~1 ?5 DECLARATION OF UNOPPOSED COUNCIL MEMBERS, ACCEPTANCE OF ELECTION RETURNS AND DECLARATION OF RESULTS FOR COUNCIL MEMBER GROUP V Mayor Turville reported the results of the Group V election as follows: Elaine Renick 2,157 Dick Tegen 1,705 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 4 A motion was made by Council Member Biddle, seconded by Council Member Mullins and carried unanimously to accept the above results, affirming Elaine Renick as the winner of Council Member, Group V and approved uncontested Seats I and III. RECOGNITION OF OUTGOING COUNCIL MEMBERS LAMB Mayor Turville congratulated and thanked Council Member Lamb for her service and recounted some of the issues that Ms. Lamb was particularly involved in. Mayor Turville then presented Ms. Lamb with a commemorative plaque. Ms. Lamb thanked the Council and shared some of her philosophy and experiences in politics. ADMINISTRATION OF OATH OF OFFICE Newly elected Council Member Elaine Renick was invited to come forward. City Clerk Van Zile administered the Oath of Office to JeffBiddle, Group I, Harold Turville, Jr., Group 111 (Mayor), and Elaine Renick, Group V, who then assumed their seats. At 8:00 p.m. Mayor Turville called a 15-minute recess and Council re-adjourned at 8:15 p.m. Mayor Turville asked the newly elected Council Members if they had any comments. Council Member Biddle stated that he was looking forward to the next two years and reviewed some of the accomplishments of the past two years. Mr. Biddle stated that this Council should be a good team and he was proud to be serving the citizens of Clermont for the next two years and welcomed new Council Member Elaine Renick. Mayor Turville agreed it has been a busy two years and thanked Council Member Biddle for recounting some of the accomplishments. Mayor Turville stated that the Council was charged with coming up with a way to share Clermont's quality of life with all of the new people moving into our City. Mr. Turville stated that the City will learn to share what we have and hopefully all of the new people will learn to share Clermont's concerns also. Mr. Turville stated that this Council would like to do a good job so that Clermont is a City everyone can be proud of. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page $ CONSENT AGENDA Mayor Turville read the items listed on the Consent Agenda and asked that if anyone wished any item to be pulled for discussion. Item No. 1 Lease Agreement Item No. 2 Highgate at Kings Ridge North Item No. 3 Whitehall at King Ridge Phase III Item No. 4 Aberdeen at Kings Ridge Item No. 5 Bridgestone at Legends Item No. 6 Beacon Ridge at Legends Item No. 7 Bid Award Item No. 8 New Main Fire Station Item No. 9 Surplus Property Renewal of Lease Agreement between the City of Clermont and Lake County for the Sheriff Substation located at 882 DeSoto Street, extending the lease for one year. Final Plat Approval Final Plat Approval Final Plat Approval Final Plat Approval Final Plat Approval Hancock Road Recreational Park Irrigation Pump Change Order No. 1 Declaring certain weapons as surplus property for trade in for new weapons CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 6 A motion was made by Council Member MacLauchlin, seconded bp Council Member Mullins, and carried unanimously to approve Items one through nine on the Consent Agenda. VISITORS WITH BUSINESS Downtown Clermont Partnership City Manager Saunders stated that the Partnership is requesting to construct a deck that will be used as a stage for First Friday or other events on the western right-of-way of West Avenue between Montrose Street and DeSoto Street. Mr. Saunders stated that there is currently a flat area at that location and the partnership is proposing to construct a deck that would provide an area for performers to be staged during the First Friday events. Mayor Turville asked for questions or comments. Charles Forth stated that he felt the character of the residential area near DeSoto Street would be affected. Mr. Forth stated that the area proposed for the deck was near Ms. Blanchard's home and he assists Ms. Blanchard in keeping up her property and he does not feel the City should entertain building anything on the right-of-way and suggested that they put a stage in the middle of the road rather than the right-of-way. Mr. Forth stated he would come before the Council each and every time to oppose the intrusion of activities near Ms. Blanchard's home. Mr. Forth stated he had gone all the way to State Senator Anna Cowin for an opinion and Senator Cowin could not help and stated he feels the Council has an obligation to work with all of its residence and Ms. Blanchard is just asking for some peace and quiet. Howard Barry asked if the deck would be a permanent structure and Mayor Turville responded that this would be a 12' X 16' flat deck/platform built at the grade. Charlene Forth stated that she wanted to know when the assault on Ms. Blanchard was going to stop and stated this would only benefit Mr. and Mrs. Biddle. Ms. Forth addressed Mayor Turville and stated that he needed to put a stop to the music on West Avenue and move it down to the center of the business district. Ms. Forth stated that the Mulberry Inn also has music during the day on Saturdays. Ms. Forth stated maybe somebody in this town could act like a human being. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 7 Council Member Biddle stated that this proposed deck is being requested by the Clermont Downtown Partnership. Mr. Biddle stated that the deck would not be on his property and stated that the proposed location would be an improvement and could only benefit the residential area as it would be facing the downtown area rather than having the music in front of the Dragonfly Art Gallery which faces the residential area. Mayor Turville referred to the City Manager's Memo and acknowledged that this request has nothing to do with Council Member Biddle's business and asked if the stage/deck area would be used for other events rather than the First Friday event. City Manager Saunders stated that the only approved use currently would be at the First Friday events and any other type of event that takes place downtown that would want to use the area would have to get approval from the City Council. Council Member Renick stated that the conflict between Mr. and Mrs. Forth and the First Friday events has gotten to a point where people look at it as a feud. Ms. Renick stated she was confused now as she thought this stage was going to be built farther away. Council Member Biddle stated that this matter has been discussed many times by the Council and the Council has already approved the activities of the First Friday event and recognized that all of the businesses downtown have the right to have music and activities in front of their businesses and it is the decision of the individual businesses whether they wish to have music. Council Member Biddle stated that the area proposed for this deck/stage can only be an improvement as it is not on his property, faces away from the residential area and is farther away from the resiclential area. Council Member Renick asked if the proposed location would make it quieter for the residential area and Council Member Biddle stated that right now the stage is in the west side of Mulberry Inn's yard and this proposal will move the stage 150 feet east towards the center of downtown and will point the music east down Montrose Street. Council Member Biddle stated that the only issue being brought forward tonight is whether a deck/stage can be built on the City right-of-way facing towards the center of downtown, and not whether Mr. and Mrs. Forth or Ms. Blanchard want the music on First Fridays. Council Member Renick stated she felt that both sides had "dug-in" and Council Member Biddle stated that it is not a matter of"digging in" as he has property rights also and the only thing that will ever satisfy Mr. and Mrs. Forth and Ms. Blanchard is if the car show is moved and there is no music or activities on the west end of the business district and that would effect about eight different businesses that are trying to make a living. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 8 Mayor Turville asked if the stage could move a little bit more to the north and Council Member Biddle stated that would put the deck right under the Mulberry tree. City Attorney Guthrie stated that the deck will be the property of the City and in the event it becomes a problem, the location of the deck could come before the Council and the deck could be moved. Frances Hartle asked if the music could be at the Trailhead and Mayor Turville stated that the Trailhead was already being used for a lot of different activities. Mayor Turville stated that there is music in several places all over downtown during First Friday events. Council Member Mullins asked who was paying for the construction of the deck and City Manager Saunders stated the Downtown Clermont Partnership was paying for it. Council Member Mullins stated that he believes it does not matter where you are in the business district, if you have business zoning you have the same right as everyone else, whether you are in the middle of the business district or the edge of the district. Council Member Mullins stated that moving the stage to the proposed location on the Cities right-of-way will be an improvement over where the music has been previously since it will be facing East towards downtown and away from the residential area. Council Member Renick stated she did not mean to suggest that as a business owner Council Member Biddle is not within his fights to have music, but there is an impression that this will benefit the Mulberry Inn more than anyone else. Council Member Biddle responded that this should solve that impression as it gets the music off of his property and on the City's property which should benefit the neighborhood as well as the event and the other businesses on West Avenue. Mayor Turville stated he agreed that this proposed location will probably be an improvement, and suggested that if in fact it turned out not to be a good idea, the City could move the deck. There was consensus that Council approve the construction of the deck with the understanding that if it is not an improvement the deck can be moved. A motion was made bp Council Member Mullins, seconded bY Council Member Biddle and unanimously approved to allow the construction o_fa deck/stage on the western right-o_f-wa¥ of West Avenue between Montrose Street and DeSoto Street with construction beginning within 60-days o_f this Council Meeting and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 9 after construction the deck will be observed_for three First Friday events and then the location o_f the deck will be readdressed by the Council. Ciro Pomo City Manager Saunders stated that the applicant is requesting an open-air permit in excess of 30 days and a tent permit in excess of 3 days for the out parcel located on the north side of Highway 50 east of Dunkin Donuts. Mr. Saunders stated that an open-air permit in excess of 30 days requires Council's approval and any tent permit in excess of 3 days requires City Council approval. Mr. Saunders stated that historically we have limited these sales to 30 days and Staff recommends approval of a maximum of 30 days for the open air sales and tent permit. Mayor Turville confirmed that the purpose of the request was for the sale of Christmas trees and opened the public heating. Ciro Pomo stated that he needs the additional time because the Thanksgiving Holiday will be a short week for utility employees and by the time he gets the pole in and get approved he would miss the big holiday weekend. Mr. Pomo said that the additional time is for set-up, inspection and permitting, not actual sales. Mayor Turville stated he was sympathetic to Mr. Pomo's situation and asked when the trees would actually be received and Mr. Pomo stated that he would receive his trees around the Monday before Thanksgiving and he will need two or three days to get them set up in the tent and ready to sell. Council Member Mullins asked whether the permit time begins when actual sales begin and City Manager Saunders stated that the permit starts running the day it is approved. Council Member Mullins stated he understood why Mr. Pomo needed the extra time. A motion was made by Council Member Renick, seconded bp Council Member MacLauchlin, and carried unanimously to approve and open-air sales permit and tent permit for 40 days for the sale of Christmas trees on the out parcel located on the north side o_f Highwa¥ 50 east of Dunkin Donuts. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 10 NEW BUSINESS Introduction of Ordinance No. 406-M Mayor Turville read Ordinance No. 406-M by title only. City Manager Saunders stated that this ordinance is a Small Scale Comprehensive Plan Amendment for a 1 O-acre parcel located at the northeast comer of State Road 50 and Citrus Tower Boulevard changing the future Land Use Classification from Residential/Professional to Commercial. A motion was made bY Council Member Biddle, seconded bp Council Member MacLauchlin, and carried unanimously to introduce Ordinance No. 406-M. Introduction of Ordinance No. 407-M Mayor Turville read Ordinance No. 407-M by title only. City Manager Saunders stated that this ordinance as well as the following Ordinance No. 408-M both relate to approximately 4.33 acres located at the southwest comer of U.S. 27 and Vista del Lago Boulevard. Mr. Saunders stated that both of these ordinances need to be tabled until the next Council Meeting as the Sentinel failed to run the legal ads that were provided them. ,4 motion was made bp Council Member Mullins, seconded by Council Member Renick, and carried unanimously to table Ordinance No. 407-M until the November 24, 2000 Council Meeting (time certain). Introduction of Ordinance No. 408-M Mayor Turville read Ordinance No. 408-M by title only. A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to table Ordinance No. 408-M until the November 24, 2000 Council Meeting (time certain). Introduction of Ordinance No. 409-M Mayor Turville read Ordinance No. 409-M by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 11 City Manager Saunders stated that this ordinance will rezone approximately 5.9 acres located on the north side of State Road 50 between Citrus tower Boulevard and Hancock Road, adjacent to and directly east of the Florida Power substation, from R-R Rural Residential to C-2 General Commercial which is consistent with our land use in that area. Mr. Saunders stated that the property has not been rezoned since the property was actually annexed into the City many years ago and at that time was automatically brought in at R- R Rural Residential. A motion was made by Council Member MacLauchlin, seconded by Council Member Biddle, and carried unanimously to introduce Ordinance No. 409-M. Introduction of Ordinance No. 410-M Mayor Turville read Ordinance No. 410-M by title only. ,4 motion was made by Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to introduce Ordinance No. 410-M. Introduction of Ordinance No. 303-C Mayor Turville read Ordinance No. 303-C by title only. City Manager Saunders stated that this Ordinance will adopt the additional homestead exemption for those over 65 years of age that meet the income criteria. Mr. Saunders stated that if the Council decides to introduce this at this meeting, it will be necessary to schedule a Special Meeting of the Council on November 30, 2000 at 6:00 p.m. at the Police Station for the final adoption. This must be in the Tax Appraiser's office by December 1, 2000 and because of the advertising requirements, we cannot have it on our next regular meeting. A motion was made b¥ Council Member Biddle, seconded b¥ Council Member {.~O~~ Mullins, and carried unanimously to introduce Ordinance No. 303-C. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 2000 Page 12 CITIZENS COMMENTS Bob Beasley stated that he agreed with the Mayor that the Korean War Veterans celebration was a great event and encouraged everyone to attend the event next year as the Clermont Chapter would be participating. Richard Tegen asked for a status regarding the Sewer Plant upgrades so that gray water will be available in Kings Ridge and City Manager Saunders stated that the City hoped to have it out for bid in January, 2001 and there will be a 12 to 14 month construction time for the plant. Mr. Tegen asked for an explanation regarding the charge on water bills for reuse and Mr. Saunders stated it is irrigation water that is provided to Kings Ridge homes and the common areas. Mr. Saunders stated that currently the irrigation water is being provided by a grove irrigation well and basically Lennar is working as a subcontractor for the City at this time. Mr. Saunders stated that the City is collecting the money at this time but is negotiating an agreement with Lermar and the City will be reimbursing Lennar for their costs. Rose Biddle stated that on behalf of the merchants and homeowners downtown, she wished to thank the City for a very fast and beautiful job of repaying and construction of the new parking on West Avenue. There being no further business the meeting was adjourned at 9:10 p.m. Attest ~ayor E. Van~Zile, City/Clerk •: CITY OF CLERMONT Office of the Police Chief To: Wayne Saunders, City Manager From: Randall A. Story, Chief of Police Date: October 9, 2000 Subject: Surplus Property Sir, I have attached a list of the weapons that will need to be declared surplus property in order for us to trade in these weapons to Lou's Gunshop and Police Supply Inc. for new weapons. Since this will be a purchase in the amount of over $5,000.00 dollars I will also request a sole source purchase from Lou's Gunshop and Police Supply Inc. This company gave us the best trade-in price for our old weapons toward the purchase of new weapons. If you have any questions please call me. i ,:- . , ~, s ...~- ~~ ~_ - --- Randall A. Story Chief of Police P.O. BOX 120567 CLERMONT, FLOR{DA 34712-0567 PHONE: 352/394-5588