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10-24-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 24, 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, and Deputy City Clerk Maddox. INVOCATION The Invocation was offered by Council Member Mullins followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to approve the minutes of the Council Meeting held October 10, 2000. CITY MANAGER SAUNDERS' REPORT Workshop City Manager Saunders canceled the workshop scheduled for October 26, 2000 and rescheduled a workshop with Council Members to discuss Lost Lake Reserve for 6:00 p.m., Thursday, November 16, 2000, 2000, at the Police Department Community Room. City Manager Saunders stated that the Chamber of Commerce has requested a $1,000 contribution to help finance the "Light Up Clermont" event this year. Mr. Saunders requested council approval to appropriate the funds. Council Member Biddle stated that the money was specifically being requested to help with the parade as the Downtown Clermont Partnership and Main Street Organization is handling the craft show and the Friday night events. A motion was made bp Council Member Biddle, seconded by Council Member O0 ' MacLauchlin and carried unanimously to contribute $1,000 to the Chamber o_f ~0~ Commerce to assist the financing of the parade_for "Light Up Clermont". CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 2 City Manager Saunders stated that Clermont Downtown Partnership has requested that the Council consider closing Montrose Street from West Avenue to Jenkins Auditorium during the hours of 6:00 p.m. and 9:00 p.m. for the First Friday Events as the event has gotten so successful and is drawing such a crowd that they feel there is a safety issue. Mr. Saunders stated he felt the idea was a good one and the City has been fortunate in that there has not been an accident considering the number of people that attending the event. Mayor Turville asked if the downtown businesses had been polled and if they were in agreement with the street closing. Sherry Halgren of the Clermont Downtown Partnership Board stated that all of the members of the Partnership were called and there was only one "no" vote. Ms. Halgren stated there was consensus of the Partnership that there is a safety issue since the street is so crowded with pedestrians, including children. Mayor Turville stated he was concerned that some restaurants in the area may have an objection to the street closing and Council Member Mullins stated that 7th and 8th Streets would be open to allow for parking and access to any downtown restaurants. A motion was made by Council Member Mullins, seconded by Council Member Biddle and carried unanimously to close Montrose Street from West Avenue to _ Jenkins Auditorium from 6:00p. m. to 9:00p. m. during the November and December First Friday events, and to revisit the issue after that trial period. City Manager Saunders stated there was another request from the Downtown Clermont Partnership, which was discussed with the Council at a previous workshop, regarding having a stage on the west side of West Avenue where musical events occur. Council Member Biddle stated that on the City property to the east of the Mulberry Inn property there is a flat spot and the Partnership would like to build a flat wooden outside deck, with no top or back and no power, for use by the entertainers for the First Friday events. Mr. Biddle stated it would put the entertainment where the people are instead of on anyone's personal property. Council Member MacLauchlin asked for the proposed dimensions of the stage/deck and Mr. Biddle stated it would be 10 ft. X 16 ft. Mayor Turville asked if this matter could be put on a Council Agenda to avoid any conflict and to make certain all of the residents in the area had an opportunity to give their input. c~rrr or CLE~MO~Vr MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 3 Council Member Mullins asked if there were any issues regarding having a stage built on a public right-of-way and City Manager Saunders stated that the stage would be a public stage and would be owned by the City of Clermont. There was consensus that the issue regarding allowing a stage/deck to be built on the City's right- of-way on west end of West Avenue be advertised on a Council Agenda. City Manager Saunders stated that the West Avenue parking project is on schedule and should be completed in time for the Pig On The Pond event. Mr. Saunders stated that the City came in considerably under budget on that project and he requested Council's approval of a Change Order to go ahead and mill out the old asphalt and overlay those two blocks. Mr. Saunders stated that there are a lot of cracks in the surface that will create problems and it can be milled out and overlaid for $17,197, which is still within the total budget for the project. A motion was made by Council Member MacLauchlin, seconded by Council Member Biddle and carried unanimously to approve the change order_for Georgetown Enterprises, Inc. to mill out the oM asphalt and overlay the two blocks o_f the West Avenue parking pro/ect, in the amount of$17,197. City Manager Saunders stated that in the original contract for the Hancock Road Recreational Park, the grass parking area was to be seeded and mulched. Mr. Saunders stated that because of the slopes it has been very difficult to maintain the seed and the contractor is willing to give the City full credit for the seed and mulch and sod the parking area. Mr. Saunders stated that the goal is to have the park open by February, 2001 for the Softball Jamboree and stated he is requesting $4,875 be appropriated from the Recreation Impact Fees in order to sod that parking area. /1 motion was made by Council Member Biddle, seconded by Council Member Mullins and carried unanimously to appropriate $4,875 from the Recreation Impact Fee fund to sod the parking area at Hancock Road Recreational Park. CITY ATTORNEY GUTHRIE No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 4 FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE Council Member Biddle stated that the second "Meet the Candidates" Hob Nob was a success and he thanked all of the Council Members and City Attorney Guthrie for attending. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER LAMB No report. COUNCIL MEMBER MACLAUCHLIN No report. MAYOR TURVILLE'S REPORT Mayor Turville requested the Council to consider putting the second $25,000 homestead exemption issue on an agenda. Mayor Turville stated that Finance Director Van Zile had information that allowed him to calculate the impact it would have on our City and he asked Mr. Van Zile to report regarding that impact. Finance Director Van Zile stated that he obtained information from the Lake County Property Appraiser's office and based on the applications that he had received, the number was in the neighborhood of less than $5,000 as far as the reduction to our ad valorem property taxes, which is not a great amount considering how much we receive on an annual basis. Mayor Turville stated that based on what appears to be a minimal impact, he would urge to Council to put the matter on an agenda as there are citizens that need to benefit from that exemption and if we do not do something prior to December, another year will go by and those citizens will not be able to realize this opportunity. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 5 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 Agreement New Statewide Mutual Aid Agreement between The Department of Community Affairs and the City of Clermont Item No. 2 Hancock Road Recreation Park Change Order No. 1 A motion was made by Council Member Lamb, seconded by Council Member Mullins, and carried unanimously to approve Items one and two on the Consent Agenda. UNFINISHED BUSINESS Hunter's Trace Investment, Inc./Bob Wade City Manager Saunders stated that this request is referring to the old drive-in sign located on Highway 50 between McDonalds and the Speedway Gas Station, which is currently a non-forming sign and Mr. Wade is requesting a variance to allow the sign to be utilized as an off-site sign to advertise businesses on Frontage Road south of that area. Mayor Turville stated that the following issue requires 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. City Clerk Van Zile swore in the following: Bob Wade, 1363 W. Lakeshore Drive, Clermont, Florida Mr. Wade stated that the sign has been in existence since 1946 and the two property owners who have businesses on the old drive-in site wish to advertise their businesses on the sign. Mr. Wade stated that the business owners have indicated that they would only CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 6 have approximately three words each on the sign. Mr. Wade stated that he has agreed to Deed the property to those business owners. Mr. Wade stated that he presented this at a previous workshop and would like the Council's approval. Mayor Turville stated that the issue is that the sign is a non-conforming, off-site sign and at the workshop it was heavily debated and discussed regarding the nature of the "grandfather" and the fact that the parcel involved can probably be used for nothing but an off-site sign because of the small size of the property and the way the properties are divided around it. Mr. Turville stated that there was consensus to consider a variance and the discussion continued regarding how many off-site parties would be represented on that sign. Mayor Turville stated that his opinion was that the parcel has very little value if it is not utilized as a sign as it has historically been used, but stated he is not in favor putting multiple advertisers on the sign as only one advertiser was historically on the sign and he felt that was enough. Council Member MacLauchlin confirmed with Mr. Wade that he was going to Deed the property to the owners of the Holiday Inn Express and the owners of People's Bank. Council Member Lamb stated that she felt that because the property has a separate legal description and the property has been used for a sign since 1947 and because not having a sign there would render the property no value, if the variance is denied that would constitute a taking of Mr. Wade's property and the City would be overstepping its bounds to do that. Ms. Lamb stated she felt Mr. Wade had a right to have the sign there because that is the only thing the property can be used for and she does not believe there should be any limitations put on how property can be used and stated that Mr. Wade has agreed that the property will only be used to advertise two businesses, which she feels is an extreme compromise on his part. Council Member Mullins asked Mr. Wade if he intended to refurbish the top of the drive- in sign which still says "Clervue-1 Block-Drive-In Theater" and Mr. Wade stated it would be refurbished as close as possible to how the sign looks now. Council Member Biddle stated that there seems to be consensus that all of the Council Members would like to see the drive-in sign stay, and the only issue is how many businesses should be allowed to advertise and stated he would like an agreement to allow community announcements on the sign. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 7 A motion was made by Council Member Lamb, seconded by Council Member Biddle, to grant a variance to allow two businesses to be represented on the old drive-in theater sign. City Manager Saunders asked for confirmation of what was going to happen with the top part of the sign, which currently says "Clervue Drive-In-1 Block" and Mr. Wade stated he would attempt to keep that. Council Member Mullins stated that visitors to Clermont seeing the top of the sign would turn left and start looking for a drive-in theater. Mr. Mullins stated that will confuse visitors and asked for discussion on what to do with the top of the sign and asked if it could be cleaned up and the outline kept. Mr. Wade stated he had no problem with the top of the sign being used for community announcements. City Manager Saunders stated that everyone agrees that the sign has no official historical definition, however the top part of the sign has a historical look and if keeping the historical look is the concern of the Council and the top of the sign is changed, any historical significance will be lost. Mayor Turville reminded the Council Members that the Council cannot condition a variance and if the Council chooses to support this variance request based on the fact that the sign is going to be reflective of anyone's individual thoughts, he would caution that approval would have to be based on faith because there will be nothing to require Mr. Wade to perform. Council Member Biddle stated that he would be more comfortable if he had a picture in front of him showing what the sign was going to look like and he stated he was concerned that the Council still does not have that. Mr. Biddle stated he wanted Mr. Wade to be able to use the sign, however he would like to know exactly what the sign will look like, for the record. Council Member Mullins stated that since Mr. Wade has indicated that he is selling the sign to someone else, maybe the Council should wait and grant the variance to the new owners rather than Mr. Wade. Mr. Wade stated that he was the owner of the Holiday Inn Express so he is one of the principals and People's State Bank is basically going to just have a logo. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 8 Mayor Turville asked City Attorney Guthrie his opinion and Mr. Guthrie stated that if the variance is approved the conditions will carry forth to the new owners and the Council can restrict the area of copy on the sign and the Council needs to look at the copy area of the sign and decide what it wants to do from there. City Manager Saunders stated that Mr. Biddle's comments identified the issue in that several meetings ago the Council requested that Mr. Wade present a mock-up of the sign showing exactly what is going to be there, so that the Council could either approve or not approve based on the submittal. Council Member Lamb stated that she had researched the matter and felt that when someone has a piece a property that only has one use and is denied that use it is considered a taking. Ms. Lamb sited a Supreme Court Ruling and stated she felt the ruling applied to this issue since this is a separate parcel of property with its own legal description and has economic value, and she did not see how the City could step in and take away all the value of the property. Ms. Lamb stated she felt this was a fundamental property rights issue. Mayor Turville stated that the issue being proposed here is not taking the sign away or tearing it down, but the motion on the table basically allows two off-site signs, where historically there was only one and therefore Mr. Wade is not compromising anything. Council Member Lamb stated she felt that it is Mr. Wade's property, which has been used since 1947 as a sign and he has a right to use that sign to his liking. Ms. Lamb stated she felt the Council was regulating Mr. Wade and holding a gun to his head by saying that if he did not do what the Council wants, they would deny the variance. Mayor Turville asked for a vote on the motion. Council Member Biddle stated that if the motion was voted on and did not pass, then Mr. Wade would not be able to bring it back before the Council for a year, and Mayor Turville stated that the motion on the table could be amended to allow Mr. Wade to bring the request back before the Council sooner. Mayor Turville stated that while the Council Members have concerns, there is consensus that everyone wants to work this out so that Mr. Wade can have a sign. Council Member Biddle withdrew his 2"d of the Motion on the table and stated he would like some confidence that when the variance is approved, the Council will have in front of them exactly what they are approving. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 9 Mayor Turville asked Mr. Wade if he would like to request the variance request be tabled until he could produce a mock-up of the sign to show the Council and Mr. Wade stated he was willing to do that and would bring the request back before a workshop. Council Member Mullins stated he would rather wait until Mr. Wade has had additional time to produce exactly what he wants to do because if the variance that is up for vote now is granted, it would give Mr. Wade a carte blanche and he is not willing to do that. Mr. Mullins stated he would like to see Mr. Wade keep the sign and see the businesses prosper, but is not willing to give carte blanche. Council Member Lamb stated to Mr. Wade that he was being required to give the other Council Members exactly what they wanted or they were going to deny him use of his property fights. City Manager Saunders confirmed that Mr. Wade could be first on the November 16, 2000 Workshop Agenda if he wanted to provide pictures of the proposed sign and the matter could be back on the City Council Agenda in December. Mr. Wade said he was willing to agree to only having two logos on the sign and asked Mr. Guthrie is that could be put in the variance and voted on tonight. City Attorney Guthfie stated that what is being asked for is a definition of the amount of area that will be used for advertising copy. Mr. Guthrie stated that the long-term concern is that over time a sign can change and unless the area that can be used for copy is defined, it could be a problem. After further discussion Mayor Turville reminded the Council that they may not condition the variance and while Mr. Wade may have good intentions, in the future someone else could come in under this proposed variance and be allowed to do anything, such as use it for changeable copy. Mayor Turville stated that what brought this about to begin with was a Code Enforcement violation because the sign was being used as an off-site sign for another business, which is against our Code. Mayor Turville stated that what is being discussed is whether to grant Mr. Wade an unconditional variance and what is being asked for by the Council are assurances that over time, since this variance will run over the land, that the intent of the Council is met. Council Member Lamb asked what choices Mr. Wade had and City Attorney Guthrie stated that traditionally when a Code Enforcement action is pending, if a property owner will take an action to concede to the Administrative Order and conform with the Code, the Code Enfomement action is usually vacated. Mr. Guthrie stated that in the event the Council does not approve a variance for the sign, because of the Code Enforcement violation, the City could require that the sign be CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 10 removed. Ms. Lamb stated it seems Mr. Wade either plays ball with the four Council Members who have a problem with this, or he must go through Code Enforcement at which time he could legally have his property taken. Mayor Turville stated he did not feel the Council was asking Mr. Wade to "play ball" and that all the Council was requesting was a picture so that they could see what they were voting for. Mr. Wade stated that he would like to table his variance request until he can provide pictures and have a workshop with the Council unless City Attorney Guthrie would allow them to work out the details of the variance at this meeting. Council Member Mullins expressed his ideas of how the sign could be allowed and stated that although the intent was good, he did not feel that the Council could legislate charity and therefore could not require that the applicant use a specific portion of the sign for community service announcements. Council Member Biddle agreed. There was extensive further discussion regarding the size of copy that should be allowed on the sign, the area of the sign that may be used for copy. There was consensus that Council would approve a variance allowing the existing non-conforming sign, with the changeable copy area limited to permanent business signage to be utilized as an off-site sign with no more than two deeded businesses located at the comer of Highway 27 and Hook Street allowed to advertise, in perpetuity and that the top of the old drive-in sign will stay the same. There was also consensus that this specific sign was unique sign and that a special ordinance should be written to cover this specific sign. A motion was made by Council Member Mullins, seconded by Council Member Biddle, and approved 4 to 1 to allow the existing Clervue Drive-In non- conforming sign to be utilized as an off-site sign and that only up to two deeded businesses, which shall be located at the corner of Highway 27 and Hook Street, shall be allowed to advertise on the sign in the existing plastic changeable copy area, in perpetuity, that the top portion of the old drive-in sign will stay the same; and that the City Manager shall reserve the right to approve the copy on the sign. Mayor Turville opposed. Ordinance No. 405-M-Final Reading City Attomey Guthrie stated that he still had a problem with some of the proposed language of the Ordinance and requested that it be tabled to a time certain November 14, 2000. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 11 A motion was made by Council Member Biddle, seconded bY Council Member Mullins, and carried unanimously to table Ordinance No. 405-M until a time certain on November 14, 2000. VISITORS WITII BUSINESS Daryl Carter/Solo Development Corp. Mayor Turville stated that it was his understanding that this matter was tabled at the Planning and Zoning Commission meeting for further review and Staff is recommending this be tabled to a time certain November 28, 2000. A motion was made by Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to table the request for a Conditional Use Permit bp Darl¥ Carter/Solo Development Corp. until a time certain on November 28, 2000. Resolution No. 1162 Finance Director Van Zile stated that this is a project that has been worked on for approximately one year and it is to refinance a bond issued back in 1996 as well as to provide additional funding for projects that were included in the current year budget. Mr. Van Zile stated that the Resolution authorizes the issuances of Water and Sewer Revenue Refunding Bonds-Series 2000 in an amount not to exceed $18,200,000. Mr. Van Zile stated that the security for this Bond is totally based on net revenues of the Utility System, which was the goal since the City did not want to have to go outside of the Utility System to secure the Bond. Mr. Van Zile stated that about 2 ½ million dollars of impact fees will also be used to help fund some of the projects included in this. City Manager Saunders stated that the largest project this Bond Issue will support is the expansion of our East Side Sewage Treatment. Mr. Saunders stated that the Bond issue is to be repaid over a thirty-year period and stated that members of PFM, the financial advisors were present to provide details or answer questions. Mayor Turville read Resolution No. 1162 by title only. Mayor Turville asked if there were any questions or comments fi.om the audience or the Council and there were none. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 12 A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1162. Resolution No. 1163 Mayor Turville read Resolution No. 1163 by title only. Finance Director Van Zile stated that in 1963 the City received a loan from the City of Arcadia Loan Pool to refinance a 1972 Water and Sewer Bond Issue as well as a 1988 Water and Sewer Bond Issue. Mr. Van Zile stated that this Resolution will repay the loan approximately 15 years only and will remove restrictive covenants imposed in the 1993 loan documents, which will allow us to issue the new Bond and any future Bonds. Mr. Van Zile said that the City is prepaying this loan with cash reserves and impact fees and there is no additional debt being extended. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1163. NEW BUSINESS Introduction of Ordinance No. 302-C Mayor Turville read Ordinance No. 302-C by title only. City Manager Saunders stated that this grading plan has been reviewed by the City Council and City Engineer Richardson at previous workshops. Mr. Saunders stated that the ordinance creates the grading guidelines for all future development and will be made part of the City's Land Use Development Regulations. Mr. Saunders stated the final reading and public hearing will be at the November 14, 2000 meeting. A motion was made bp Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to introduce Ordinance No. 302-C. Bid Award-Hancock Road Recreation Park Restrooms City Manager Saunders stated that the City received four bids for the restroom facilities at Hancock Park and referred Council Members to the summary of bids. Mr. Saunders CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2000 Page 13 stated that the low bid came from RKD Construction, Inc., in the amount of $49,850 and there is $60,000 in the budget for this project. Mr. Saunders stated that the company's references came back very good and Staff is recommending approval of the low bid from RKD Construction, Inc. A motion was made bp Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to award the bid for the construction o_f the restroom facility at Hancock Road Recreational Park to RKD Construction, Inc. in the amount of $49,850. O01 CITIZENS COMMENTS Nancy Fullerton, on behalf of herself and the Save The Lakes Committee thanked the City Council for increasing the stormwater fees. Ms. Fullerton stated the Committee was interested in how the money will be spent. Ms. Fullerton asked for reassurance that the City's Fire Trucks are going to fit into the new Fire Station and City Manager Saunders assured her they would fit. There being no further business the meeting was adjourned at 9:05 p.m. Attest o~seph~E~~lerk Harold S. Turville, Jr. Mayor