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08-22-2000 Regular MeetingT CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 22, 2000 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Mullins, Council Member Lamb and Council Member MacLauchlin. Other City officials present were City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile, 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 MacLauchlin, seconded bp Council Member Mullins, and carried unanimously to approve the minutes o_f the Special Council Meeting hem August 2, 2000 and the regular Council Meeting hem August 8, 2000. CITY MANAGER SAUNDERS' REPORT Workshop City Manager Saunders reminded the Council Members of the Council Workshop scheduled for Monday, August 28, 2000, at 6:00 p.m. at the Police Department Community Room. City'Manager Saunders stated that Public Services Director Davis received only one quote to test the well for Hancock Park before the well was converted for use for the park. Mr. Saunders stated that the quote was received from Meredith Environmental in the amount of $6,000 and Mr. Davis requests permission to utilize Meredith Environmental for that test pumping. A motion was made bp Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to approve the quote_from Meredith Environmental in the amount o_f$6, 000 to do the test well. CITY ATTORNEY GUTHRIE No report. T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 2 FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER MacLAUCHLIN No report. COUNCIL MEMBER LAMB No report. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER BIDDLE No report. MAYOR TURVILLE'S REPORT Mayor Turville stated that the Hob Nob held at Kings Ridge earlier in the evening was very well attended. Mayor Turville recognized Oakley Seaver for his donation of crepe myrtle trees planted in the cemetery and his encouragement of other Clermont citizens to donate trees to our City. Mayor Turville expressed the City's appreciation for Mr. Seaver's contributions and efforts on the Beautification Committee. Mayor Turville read portions of a letter received from the Seminole County Sheriff commending the Clermont Fire Department and more specifically their dive team for their assistance to Seminole County in a recent search. Mayor Turville stated that the Seminole County Sheriff indicated that they would be requesting assistance from Clermont's Fire Department in the future to assist in the development and training their dive team. Mayor Turville also read a letter from Fox 35 commending Clermont Fire Fighters on their assistance and support for the Muscular Dystrophy Telethon. Mayor Turville then read a Proclamation proclaiming the week of August T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 3 27, 2000 through September 2, 2000 as Clermont Fire Fighters Appreciation Week and recognized several of the City's Fire Fighters who were in attendance. 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 Plat Approval Clermont Yacht Club A motion was made by Council Member Lamb, seconded by Council Member Biddle, and carried unanimously to approve Items one on the Consent Agenda. UNFINISHED BUSINESS Hunter's Trace Investment, Inc.-Bob Wade Mayor Turville stated that Staff is requesting this matter be tabled until the next City Council Meeting. City Manager Saunders stated he and Mr. Wade met and discussed conceptual ideas regarding the old drive-in theater sign. Mr. Saunders stated that he feels that conceptual drawings need to be provided for the Council's review before a decision is made so he is recommending this be tabled. Bob Wade stated that he will work with the City regarding the sign but would request that the Council approve and advise him of the percentage of the sign that may be used for business advertising and the percentage that may be used for community service and event advertising. Mayor Turville stated he agreed with the City Manager that the matter should be tabled until the Council has drawings to review. Council Member Lamb questioned what exactly needed to be decided about the sign and acknowledged that she was absent at the last Council Meeting but had reviewed the Minutes. City Manager Saunders explained that our Code does not allow off-site signs. Mr. Saunders stated that he and Mr. Wade discussed requesting the Council consider the possibility of Mr. Wade donating the sign to the City in return for being able to allow a portion of the sign to be T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 4 used to advertise those businesses that are a block south of the sign and the changeable copy portion of the sign would continue to be used to advertise community events. Council Member Lamb asked if the City makes it a habit to tear down signs that are historical signs and City Manager Saunders stated that this sign is an off-site sign and has been non- conforming for many years. Ms. Lamb stated she felt the sign was an historical monument and City Manager Saunders stated that the issue is that Mr. Wade is requesting to now use the sign for off-site advertising for businesses, similar to a billboard, which is against the City's sign ordinance and Mr. Wade is requesting a variance and at the last Council Meeting staff recommended denial of the variance. Mr. Saunders stated that after discussion there was consensus of the Council at the last meeting that he and Mr. Wade get together and see if there was a way to compromise and perhaps save the sign. City Manager Saunders stated that he is not prepared tonight to make a recommendation to the Council for their consideration until Mr. Wade can provide conceptual drawings of how the sign will be used for the Council's review and if the City Council would like to consider this further, he would suggest coming back with more information. Council Member Biddle stated that the reason this matter was tabled at the last Council Meeting was to give Mr. Wade time to come to an agreement with the City and hopefully save the sign. Mr. Wade stated he would propose that the City have use of a portion of the sign and Mr. Wade would pay the taxes on the sign, do the maintenance and consult with the different organizations to keep community events announced on the sign and the businesses located offHighway 50 would have the use of the other portion of the sign. Mr. Wade asked if the Council would at least make a decision on the percentages for the use of the sign. After further discussion there was consensus that the Council wanted to see drawings before they made a decision. ,4 motion was made by Council Member MacLauchlin, seconded bp Council Member Biddle, and carried unanimously to table the variance request to a time certain at the September 26, 2000 Council meeting and that this matter will be on the August 28, 2000 Workshop Agenda. Mayor Turville requested that Council Member Biddle give a status of the City of Clermont Main Street designation. Council Member Biddle stated that the Clermont Main Street organization will present their application on Thursday at 8:45 a.m. to a 10- member committee that will decide whether Clermont will get designated at a Main Street city. Mr. Biddle invited everyone to attend and ride to Orlando on the bus for the CITY OF CLERMONT ONE WESTGATE PLAZA POST OFFICE BOX 120219 CLERMONT, FLORIDA 34712-0219 Telephone: (352- 394-4081 Fax: (352) 394-1452 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: To~ JIMMY CRAWFORD, ESQ. 394-2105 Number of Pages Including Cover -6 FOR IMMEDIATE DELIVERY From: Re~ Date: Patricia L. Maddox, Deputy City Clerk OFFICE OF THE CITY MANAGER AUGUST 22, 2000-MINUTES September 13, 2000 DOCUMENTS NUMBER MINUTES 5 COMMENTS: Jimmy: Here are the parts of the August 22, 2000 Minutes pertaining to Lake Estates. These Minutes have been approved by Council. Thank you. T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 5 presentation and stated that having a lot of public support makes a big difference to the committee. Resolution No. l136-Lake Sumter Community College City Manager Saunders stated that in order to allow time for the College to provide additional information, there is a request that this matter be tabled to the next meeting. A motion was made bp Council Member Biddle, seconded by Council Member Mullins and carried unanimously to table Resolution No. 1136 to a time certain at the September 12, 2000 Council meeting Ordinance No. 401-M-Final Reading Planning Director Brown stated that the next three agenda items which are a Small Scale Comprehensive Plan Amendment, a re-zoning and a request for a Conditional Use Permit, relate to the same property. Mr. Brown stated that the location of the property is the southwest comer of Bloxam Avenue and Hunt Street and he presented to the Council an overhead projection of the property. Mr. Brown stated that the applicant wants to develop a townhome project on 6.7 acres of a larger 16 acre parcel, which requires a small scale amendment, a re-zoning and a CUP. Planning Director Brown stated that the current Land Use District UD-4 does not allow for density greater than 4 units per acre and to revise the district language to allow for the greater density requires a full scale amendment and approximately 9 to 12 month for processing, and State approval. Mr. Brown stated that the applicant is therefore requesting to change the Land Use District to UD-3, the district adjacent to and east of the subject property. Mr. Brown stated that UD-3 does allow for the increase residential density and can be accomplished with a small scale amendment that would be approved in approximately 60 days. Mr. Brown stated that UD-3 does allow tourist accommodations, however, the land use classification and the zoning would preclude the tourist accommodation use. Mr. Brown stated that north and directly adjacent to the subject property is Tower Grove, a 51-unit townhome community and north of Tower Grove is Southern Villas, a 52-unit townhome community and that since the proposed use is similar to other projects in the area, staff recommends approval of the request for the small scale amendment and the re-zoning. Mr. Brown stated that the Planning and Zoning Commission and they denied the request. Attorney Jimmy Crawford, representing the applicant, passed out drawings of the proposed project and addressed the Planning and Zoning Commission's concerns. Mr. Crawford stated that the P & Z seemed concerned that perhaps the developer was making promises that the townhomes would look a certain way, but stated that the Council can make enforceable conditions through the CUP process. Mr. Crawford addressed the Planning and Zoning Commission's concerns and stated that most of the multifamily projects already approved in Clermont were apartments and their project was a low density, multifamily, townhome CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 6 development and not short-term rentals or unified ownership. Mr. Crawford stated that UD-3 allows tourism however the land use classification for their project is remaining residential. Mr. Crawford stated that they are building landscape buffers on both sides of the project and the single family homes will all be on notice that there are townhomes being developed on the property. Mr. Crawford stated that they would consider doing the buffer with a wall or berm if Council desires that. Mr. Crawford stated that the developers of the project took out the access to Bloxam that was originally in their plan and made that area an additional park. Mr. Crawford stated that they agree, as conditions of the CUP, not to exceed the 6.4 units per acre, to build the 20-foot landscape buffer between the townhomes and the single-family residential, to build a wall or berm if the Council desires that, to a notice recorded in the Declaration that the townhomes are going to be built, and if the Council desires they will attach a copy of the elevation to the CUP and agree that the buildings shall be substantially in accordance with the elevation. Mayor Turville invited any questions or comments. Frank Caputo, a member of the Planning and Zoning Commission stated that a major concem of the Commission was the fact that the City has already established a natural buffer which is Hunt Street and they did not want the multifamily extended beyond Hunt Street. Mr. Caputo stated that the Commission was also concerned about the increase in traffic on Bloxam and stated that there are townhomes being developed in Lost Lake. City Manager Saunders stated that the Lost Lake project is still in the planning stages and stated that the original plans did show one area that would possibly have townhomes, however the development has not been finalized. Council Member Lamb asked how many multifamily units were already approved and Planning Director Brown stated that there were approximately 2,100 approved and one half of those are apartments. Attomey Crawford stated that there are other developments south of Hunt Street such as Osprey Ridge and immediately to the south of Hunt Street is UD-3 and R-3 which also allows multifamily, so Hunt Street is an artificial buffer at best and with their development there are single family residents on all sides. Council Member Lamb stated that she was not going to approve anything that increases density and she did not feel we had the schools and other services to accommodate higher density. Council Member Biddle stated that this had been discussed at a workshop and he felt that going from 4.0 to 6.3 was not much of a change when you're working with the topography and working with the neighbors and there will be a permanent buffer created, especially when this is in the T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 7 middle of town which looks like a good spot for this. Attomey Crawford stated that the increase will allow 14 additional units and in the CLIP they have also offered to build a turn lane fi:om Bloxam to Hunt Street. Council Member Mullins stated that he felt this was a good development and works with the hills and is within walking distance of the school and the development is in an area that is good for this type of project since the infi:astmcture is there. Council Member MacLauchlin stated that she agreed it was a good project· Frank Cuputo stated that if for some reason this company sells this land to another developer, and this small scale amendment is in place, then the developer could actually put 8 units per acre on the property and Mayor Turville stated that if this CUP is approved the Council should require that the CLIP allow no more than 6.4 units per acre and should also address those other issues. City Attorney Guthrie confirmed that if another developer bought the property, they would not be allowed to do any more than the 6.4 units without coming back before the Council to amend the CUP. Mayor Turville read Ordinance No. 401-M by title only. A motion was made by Council Member Biddle, seconded b? Council Member Mullins and carried 4-1 by roll call vote to approve Ordinance No. 401-3/1. Council Member Lamb opposed. Ordinance No. 402-M-Final Reading Planning Director Brown stated that this ordinance will rezone the approximately 6.7 acres just discussed in Ordinance 401-M, fi:om R-1 Residential to R-3 Residential to allow for the construction of a multifamily townhouse development. Mr. Brown stated that multifamily development is not permitted in R-1 zoning, therefore, since the request for the small scale amendment has been approved, the property will need to be rezoned to R-3 to allow the townhome project and staff recommends approval. Attorney Jimmy Crawford requested that the comments fi'om the previous small scale amendment discussion be incorporated into this issue by the Council. Mayor Turville read Ordinance No. 402-M by title only. o T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 8 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 and there was no public comment. A motion was made by Council Member MacLauchlin, seconded by Council Member Mullins and carried 4-1 by roll call vote to approve Ordinance No. 402- M. Council Member Lamb opposed. VISITORS WITH BUSINESS Resolution No. l153-Lake Estates Housing & Development 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 Mayor Turville read Resolution No. 1153 by title only. Planning Director Brown highlighted the conditions of the requested Conditional Use Permit previously discussed in Ordinances No. 401-M and 402-M. Mr. Brown pointed out condition 7 of the CUP and stated that it should be changed l~om 8 units per acre to 6.4 units per acre and stated that staff recommends approval of the Conditional Use Permit with those conditions. Mayor Turville requested that "non-tourist" development language be included as a condition and the Council agreed. Planning Director Brown suggested that language also be included in number 12 to specifically address the buffer between the multifamily and single family areas and the Council Members agreed. After discussion there was consensus that the developer will have a 10 foot landscaped berm. Mayor Turville stated that he would like the drawings attached to the CLIP and there was consensus that language would be added stating that the project would be built substantially in accordance with the drawings attached to the CUP. Council Member Biddle suggested that language be added to make sure the project is in accordance with our proposed grading ordinance and there was consensus that a condition be added stating that the project will conform substantially to our grading ordinance and the approved site plan, which will also be attached to the CUP. T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 9 A motion was made by Council Member Biddle, seconded by Council Member Mullins and carried 4-1 by roll call vote 4-1 to adopt Resolution No. 1153 as amended, allowing the construction ora multifamily pro/ect. Council Member Lamb opposed. Robin and Pam BonJorn Mayor Turville stated that the following issue requires a Quasi-Judicial Heating be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in Planning Director Brown stated that the applicants are requesting a variance for their property located at the northeast comer of Lakeshore Drive and Forth Street and presented an overhead projection of the property. Mr. Brown stated that Lot 166 is where the BonJom's residence is currently and they also own Lot 167 where a carport was constructed in 1998 requiring the applicants to combine Lots 166 and 167 to meet the setback requirements. Mr. Brown stated the properties are in the R- 1-A zoning district and require a minimum lot width of 100 feet and the applicants wish to construct a single family resident on Lot 167, which will separate the two properties and the previously constructed carport will not meet the required setbacks from either property. Mr. Brown stated the applicants proposed two options: (1) A variance to allow a lot width of 75 feet at the building setback line rather than 100 feet, and a side setback of 2.90 feet (2' 11") for the carport; or (2) A side setback of 3 feet 7 inches for the carport, rather than the 9 feet allowed. Mr. Brown stated that Staff recommends option No. 2 because it maintains the 100 foot lot width per the zoning district. City Clerk Van Zile swore in the following: William Ban', 1694 Fourth Street, Clermont, F1 Darryl Reeves, 1636 Fourth Street, Clermont, F1 Pam BonJom 390 W. Lakeshore Drive, Clermont, F1 Mayor Turville confirmed that in Option No. 1 the carport stays with the lot on the lake and if Option No. 2 is approved they do not have a carport. Ms. BonJom stated that the asphalt driveway has been there since the 1920s and they built the carport for the existing house located on Lot 166 which is a 90 foot lot with a 6 foot back yard. Ms. BonJom stated that the new house will be on Lot 167. Ms. BonJom stated that the carport will stay where it is. Ms. BonJom stated that the three lots directly across the street from Lot 167 are one 50-foot lot and two 80-foot lots, so it is not a consistent subdivision of 100 foot lots. Ms. BonJom stated she had a letter from the residents of Lot 168 supporting her plan for either option. T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 10 Council Member Mullins stated he felt it would be cleaner to go with Option No. 1 and keep the carport with the lot, so that 40 years fi.om now some other Council won't have to decide who gets to keep the carport. Council Member Biddle stated he agreed that the carport should go with the house on Lot 166 and stated a variance is going to be required either way. Mayor Turville pointed out that the lot is very deep. A motion was made bp Council Member Lamb, seconded by Council Member Biddle and carried unanimousl~ by roll call vote to approve Option 1 of the variance request allowing a lot width qf 75_feet at the building setback line and a side setback of 2.9O feet for the carport. Downtown Clermont Partnership City Manager Saunders stated that the Downtown Clermont Partnership is proposing to promote a Farmers Market each Saturday morning during the winter months, to be located on Minneola Avenue between 7th and 8th Street. Mr. Saunders stated that they are requesting that this section of Minneola Avenue be closed fi.om 6:30 a.m. to 1:30 p.m. each Saturday morning and Staff recommends approval of the request for the months of October, November and December as a trial basis. City Manager Saunders stated that the only event that may have a conflict with the street being closed during those times is the Christmas Parade and in the event of any conflict the City would work with the Partnership. Debbie Carlucchi, representing the Clermont Downtown Partnership stated that it was not a problem to work something out for the day of the Christmas Parade. .4 motion was made b¥ Council Member Lamb, seconded bY Council Member Mullins and carried unanimously to approve the request of the Clermont Downtown Partnership to close Minneola .4venue between 7t~' and 8th Streets from 6:30 a.m. to l :30 p. m. on each Saturday in October, November and December, 2000 on a trial basis_for the Farmers Market. NEW BUSINESS Bell South City Manager Saunders stated that he and City Attorney Guthrie have been working on the Lease Agreement with Bell South Mobility to utilize the City's water tower located north of Highway CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 11 50 east of Disston for the installation of cellular antennas. Mr. Saunders stated that Bell South will have to meet our ordinances as far as landscaping and have provided to the City a site plan which meets all of our required conditions. Mr. Saunders stated that he and City Attorney Guthrie would like to have the latitude to change some minor language in the proposed lease before it is executed, and stated the changes will not change the content in any way and Staff recommends approval of the Lease Agreement. Council Member Mullins asked what the antennas looked like and Dorey O'Hara, a representative from Bell South described them and stated they would be located around the walkway that is around the water tower· Council Member Biddle stated that the audience may wish to know the value of this to the City and Mayor Turvillle stated that the lease will be for a 5-year period with an annual lease amount of $30,000.00. ,4 motion was made by Council Member Lamb, seconded by Council Member Biddle and carried unanimously to approve the Lease Agreement with Bell South Mobility. Resolution No. 1152-Fred Fox Enterprises City Manager Saunders explained that one of the requirements under the Community Development Block Grant is a Purchasing Policy which is adopted by Resolution specifically for the C.D.B.G. Mr. Saunders stated that this Purchasing Policy is substantially the same as the City's existing Purchasing Policy and Staff recommends Council's approval. Mayor Turville read Resolution No. 1152 by title only. A motion was made by Council Member Biddle, seconded by Council Member MacLauchlin, and carried unanimously to adopt Resolution No. 1152 approving a Purchasing Polio_for the Community Development Block Grant. Underwriter Selection City Manager Saunders stated that the City is putting together a Bond Issue for the expansion of our Sewer Treatment facility and other utility projects and will also be refunding the Bond Anticipation Notes that we took out about four years ago to do the original East Sewage Treatment Plant. Mr. Saunders stated that we must select an underwriter for the bond issue and the City advertised for proposals. Mr. Saunders stated that we received nine proposals, including the two largest Bond Underwriters in the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 12 Country. Mr. Saunders stated the committee short-listed the proposals and referred the Council Members to a letter fi:om Public Financial Management. Mr. Saunders stated that the committee interviewed Paine Webber Incorporated and Salomon Smith Barney and after the interviews it was unanimous that Paine Webber would provide better experienced people to handle the issue for our City. Mr. Saunders stated that Paine Webber also stated in their proposal that they would not charge a management fee. Finance Director Van Zile stated that Paine Webber has had recent experience with a city in Central Florida that was dealing with the same issues our City is dealing with and that is very important. A motion was made bP Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to authorize Paine Webber Incorporated as the City's Underwriters_for the City's Utility SFstem Revenue Bonds. City Manager Saunders added that they will be structuring the Bond Issue over the next few weeks and it will be a retail issue so the citizens of Clermont can invest in their City if they wish to do that. Introduction of Ordinance No. 403-M Mayor Turville read Ordinance No. 403-M by title only. City Manager Saunders stated that on August 2, 2000 the City Council adopted an Emergency Ordinance (400-M) to include the City of Clermont in the Countywide M.S.T.U. for ambulance and emergency medical services. Mr. Saunders stated that under our Code an emergency ordinance is only good for a 60-day period, which requires the City to re-adopt the ordinance. Mr. Saunders stated this was for introduction only and the public hearing and final reading will be at the September 12, 2000 meeting. ~I motion was made by Council Member Biddle, seconded by Council Member Mullins and carried unanimously to approve the introduction of Ordinance 403-M. Bid Award-Downtown Parking and Orange Avenue Cul-de-Sac City Manager Saunders stated that the City advertised for bid two public works projects, the Orange Avenue Cul-de-sac and the downtown parking. Mr. Saunders stated that when the City opened the new entrance to the Waterfront Park several of the residents on Orange Avenue requested the Council consider closing that street's access to East Avenue because of the T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 13 additional traffic being generating to and from the Park. Mr. Saunders stated that our engineers have designed a modified turn-a-round for Orange Avenue. Mr. Saunders stated that the second project is a Downtown Parking project which is also in this year's budget and constructs additional on-street parking on the west side of West Avenue from Osceola Street to Montrose Street and also includes the construction of the intersection at West Avenue and Minneola Avenue that conforms with the intersections that we built with the Rail-Trail. Mr. Saunders stated that two bids were received and Georgetown Enterprises in the amount $162,587.35 was the low bidder. Mr. Saunders stated that we have $190,000 in our budget earmarked for this project and Staff recommends awarding the bid to Georgetown Enterprises in the amount of $162,587.35. Mr. Saunders stated that Boyle Engineering has reviewed the bid and it meets all of the specs. Mr. Saunders stated that several residents of Orange Avenue have periodically called and asked that this project be completed and a diagram of the tm-a-round was sent to all of the property owners, along with an election form asking them to indicate if they were still in agreement with this project. Mr. Saunders stated that out of the 10 property owners in that block, seven responses were received and five were in favor of moving ahead, three did not respond and one response indicated that he did not care and stated if the neighbors were in favor of the closing that was fine with him. Mr. Saunders stated that Staff recommends moving ahead with this project with the low bidder. Council Member MacLauchlin stated she received a call from Mr. Harmon and he was concerned whether there would be some differences in his ability to develop his property and Mr. Saunders stated that the City is not taking any additional right-of-way and all of the construction is taking place within the existing right-of-way and will not affect any of the Land Development Regulations associated with Mr. Harmon's property. David Harmon stated that he is the owner of the property located at the comer of East and Orange Avenue. Mr. Harmon thanked Mr. Saunders and Council Members Lamb and MacLauchlin for talking with him. Mr. Harmon stated he was concerned that a large amount of the taxpayers' money was being spent for one road and he did not feel the problem was enough to justify the expense to cul-de-sac Orange Avenue. Mr. Harmon stated that if this project does not affect his property, then he will probably benefit from the project, but felt that the project was "underhanded and political" in that it accommodates just a few people. Mr. Harmon stated he felt this was a poorly thought out project and he felt the property owners should have been notified prior to this project being approved. Mr. Harmon stated that he felt that closing Orange Avenue will just make the traffic problem move to the other streets around that area. Mr. Harmon did not feel the property owners were properly notified. Mayor Turville asked when Mr. Harmon had purchased the property and Mr. Harmon indicated he had bought the property in April of 1999. Mayor Turville asked City Manager Saunders when the City Council originally put this project in the budget and Mr. Saunders stated that it was two or three years ago and stated that letters had gone out at that time to all of the property owners T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 14 and the property owner who Mr. Harmon purchased the property fi:om was aware of this project. City Manager Saunders further stated that of the $190,000 budget for the entire project, only $40,000 of that budget was for the Orange Avenue Cul-de-sac part of the project. Mr. Saunders stated that other than Mr. Harmon indicating now he is opposed, there was only one other "no" vote and that was fi:om a property owner who does not live on the street. Mr. Saunders confirmed again that there is no additional right-of-way being required for this project. Mayor Turville stated that this project was originally approved by a previous City Council. Mayor Turville stated that the project was carded over on the budget and then came before this Council for the Bid Award. Mr. Harmon stated that if the project does not affect his existing right-of-way and he can develop the property as he intended, then he has no problem. Mr. Harmon stated that he did however feel it was a waste of taxpayers money for this one street. Mayor Turville stated that every time there is a major event at the Waterfront Park, citizens try to avoid the parking fee and park up and down Orange Avenue blocking the residents in and walk through the residents' yards to get to the park. Mr. Harmon stated he felt the City should just put signs up stating "No Parking". Council Member Lamb stated she remembered this coming before a workshop and recalled that the residents of Orange Avenue wanted this done and Mr. Saunders stated that there had been no opposition to this in the past. Mr. Harmon stated that when he bought the property he was not advised that this project was approved and City Manager Saunders explained that the Planning & Zoning Department does not know who is buying and selling property. City Attorney Guthrie stated that when Mr. Harmon purchased the property he received an estoppel letter stating what the status of the property was and the City Council cannot guaranty what a future Council will do. Attorney Guthrie reiterated that this project will not change the land use of Mr. Harmon's property. Mayor Turville stated that the only issue before this Council regarding this project is the award of a bid. Council Member Lamb stated that it was her understanding that the residents of Orange Avenue had been notified of this project and she is confused because she is not sure now whether she understands whether the citizens actually were properly noticed and Mayor Turville confirmed that this item was included in a budget that went through the hearing process and stated that the City Manager even notified the residents again before this bid award to make certain the majority of the residence still wanted the project to go forward. City Manager Saunders stated that the City is reconfiguring the street and that does not require a T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 15 separate public hearing, however a letter was sent to all of the property owners two weeks ago informing them that the bid award would be on this agenda for this project that has been discussed for the past two years. Mr. Saunders confirmed to Council Member Lamb that the survey consisted of 5-yes, 2 no and 3 that did not respond, and 1 who did not care either way. City Manager Saunders stated that this has been a very public project for over two years, has been through two budgets and the residents on Orange Avenue are the ones who have been calling and pushing to have this done. Mr. Saunders stated he understands that since Mr. Harmon has only recently become the owner of property on Orange Avenue, he may not have had knowledge of the project, but there is no question that the public has had an opportunity to give input into this matter. City Manager Saunders stated that when this was previously approved, the previous City Council felt they had put an undue hardship on the residents of Orange Avenue when they created the new entrance fi:om East Avenue over to the Waterfront Partk, that actually goes behind Mr. Harman's lot and the other lots there, on the north side of Orange avenue. Mr. Saunders stated that there was a tremendous amount of traffic created then, and not just during 2 or 3 events a year but all of the time with all of the cars cutting through to go to the beach. City Manager Saunders stated the previous Council felt they had a responsibility to the residents of Orange Avenue and approved this project Council Member Lamb suggested that the bid award be postponed for a couple of weeks and Mr. Saunders stated that he met with Attorney Hovis who was investigating this matter for Mr. Harmon and after they discussed this Mr. Hovis' comment was he did not feel he needed to even attend the Council Meeting tonight. Mr. Saunders stated that it was three weeks before the next Council meeting, which is not a problem for the Orange Avenue Cul-de-sac portion of the bid award, however the downtown parking is on a very tight time schedule so that the majority of the project can be completed before the winter residents come and before the Festival in November. After further discussion Mayor Turville called for a motion. A motion was made by Council Member MacLauchlin, seconded bp Council Member Biddle, and carried 4-1 to award the bid for the for the Downtown Parking and the Orange Avenue Cul-de-Sac to Georetown Enterprises in the amount of $162,587.35. Council Member Lamb opposed. Introduction of Ordinance No. 404-M Mayor Turville stated that this ordinance was for introduction only and read Ordinance No. 404- M by title only. City Manager Saunders stated that the City recently discovered that the portion of Minneola Avenue right-of-way lying west of 12th Street is still an open right-of-way. Mr. Saunders stated T CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 2000 Page 16 that this area has been partially developed and utilized as a part of West Park for many years and a portion of the outfield of the softball field is located in this fight-of-way as well as our proposed water retention area for the diversion of Center Lake overflow. Mr. Saunders stated that the area west of the ball fields is a wetland area and the City owns all of the property north and south of the right-of-way which is developed as our sewage treatment facility and public works facility on the north and West Park on the south. Mr. Saunders stated that the area is already being used for public purposes. 71 motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to introduce Ordinance No. 404-M. CITIZENS COMMENTS Mayor Turville invited any citizens to address the Council and none came forward. Nancy Fullerton addressed the City Council with her concerns regarding the swans at Crystal Lake. Ms. Fullerton stated that the water was turning brown and the nitrates from the Swans were mining the beach. Ms. Fullerton asked that the City consider moving the swans before the health of the lake is mined. There being no further business or discussion, the meeting adjourned at 10:10 p.m. ~Clerk