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12-14-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, December 14, 1999 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. ~t motion was made by Council Member Biddle and seconded by Council Member MacLauchlin, and carried unanimously to approve the minutes of the regular Council Meeting hem November 23; 1999. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that the Chamber of Commerce'has requested approval of the purchase of a copy machine for Jenkins Auditorium at the purchase price of $1,500. Mr. Saunders stated the Chamber would use it the majority of the time, but the Council and other groups would also use it. A motion was made by Council Member Biddle and seconded by Council Member Mullins, and carried unanimously that the budget be amended and a. qt~roval given to purchase a co.qv machine for Jenkins ~4uditorium in the amount qf $1,500. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 2 City Manager Saunders stated that at the November 23, 1999 meeting the Council adopted and ordinance closing an old fight-of-way. Mr. Saunders stated that after that ordinance was passed the property owners, who are selling a portion of that property, found that there was a problem with a portion of the language, in which the City retains an easement across that fight-of-way. The project has been approved by Council, and has buildings that would sit across that easement. Mr. Saunders stated they are requesting that the City release the easement, which the City has done in many other cases in the past, so that the owners can close on this property prior to the end of the month. Mr. Saunders stated the Release of Lien will allow the owners to move ahead with their project and Ordinance 389-M will correct the original ordinance that we adopted as far as recording in the future. City Attorney Guthfie stated he had reviewed the Release and Ordinance and agreed this was the appropriate action to comply with any title questions or issues. Mayor Turville read Ordinance No. 389-M by title only. A motion was made by Council Member Biddle and seconded by Council Member MacLauchlin: and carried unanimous(v to introduce Ordinance No. 389-M A motion was made by Council Member Biddle and seconded by Council Member Mullins. and carried unanimously to approve the Release of City Manager Saunders reminded the Council of the Council Workshop scheduled for 6:30 p.m. on December 16, 1999, at the Police Department and that the December 28, 1999 City Council Meeting is canceled. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 3 CITY ATTORNEY GUTHRIE City Attorney Guthrie copied each Council Member with his December 14, 1999, opinion regard!ng the David Falzon property issue. Mr. Guthrie stated that there was a title search done and his opinion is that Mr. Falzon does not own the property located adjacent to Lot 3 on a small sinkhole lake generally described as Lake Winona and that the property is City property under the concept of it being public right-of-way. Mayor Turville stated that he understood that Mr. Falzon had the tax collector issue him a Deed and started paying taxes on the property. City Attorney Guthrie stated that there is no adverse possession as to government and the government is not necessarily charged with knowing who may claim property and who may not. Mr. Guthrie stated it would not hurt to have his letter and the attached title search opinion forwarded by the City Clerk to the property appraiser indicating that this is our conclusion regarding this property as it could be helpful to him in analyzing the property. COUNCIL MEMBER MACLAUCHLIN No report. COUNCIL MEMBER LAMB No report. COUNCIL MEMBER MULLINS Council Member Mullins stated that the Police and Fire Pension Boards will be meeting on January 6, 1999. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 4 COUNCIL MEMBER BIDDLE Council Member Biddle thanked the City Staff for the new and bigger name-plates. MAYOR TURVILLE Mayor Turville stated that he was continuing to attend the meetings of the Transportation Task Force and would report back to the Council regarding the issues. Mr. Turville stated he also represented the League of Cities at a Waste Management Advisory Committee meeting. Mayor Turville stated he would like to thank the community for the large turnout for Light-Up-Clermont and Holiday Parade activities. Mr. Turville stated that the community should be proud of the way it supports the activities downtown and the Chief of Police estimated that there were approximately 20,000 people who attended the weekend activities. FINANCE DIRECTOR VAN ZILE No Report CONSENT AGENDA Vision Care, Inc. South Marion Underground Seminole Well Engineering Agreement Renewal of vision c. are contract for an additional 24 months at current rates, effective January 1, 2000 Center Lane Drainage Improvements Change Order #1 Approval of quote for inspection Agreement with Boyle Engineering CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 5 Mayor Turville named the items on the Consent Agenda and there was a general discussion of the items. A motion was made by Council Member Lamb, seconded by Council Member Biddle and carried unanimously to approve the Consent ~4genda. UNFINISHED BUSINESS Stop Sign At Minnehaha and 4th Street-Discussion Mayor Turville stated that several months ago the City received a Petition and a request to install a stop sign at the intersection of Minnehaha and 4th Street and it was consensus to review the placement of the sign after six months. Mr. Turville stated that we have now received a Petition from other residents to remove the stop sign. Mayor Turville invited those citizens who wished to speak to the issue to address the Council. City Manager Saunders stated that the the City notified those residents living in the area of 4th Street and Minnehaha Avenue by letter, informing them of the discussion to take place regarding the stop sign at this intersection. Dan Wagler of 392 W. Minnehaha Avenue stated he wanted the stop sign to stay as it slows down the traffic and there are many children in the area. Mr. Wagler stated it takes approximately 10 seconds to go from 30 miles per hour and to a complete stop and the benefits from a safety standpoint he can't see what the objection can be for the stop sign staying. Pam Lang of 457 W. Minnehaha stated that she wants the stop sign to stay and has noticed a decrease in actual traffic on the road and there are many small children in the area. Ms. Lang stated she would also like to see other stop signs put up on Minnehaha. Ms. Lang stated there is a park across the street and she would like to see a "children at play-20 miles per hour" sign. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 6 Theresa Knight of 342 W. Minnehaha stated she is delighted with the stop sign. Ms. Knight thanked the City Council for sending the letters out to the residents to notify them that they could speak to this issue and she would also like to see another stop sign put up at East and Minnehaha. Marcia O'Keefe of 489 W. Minnehaha stated she wanted the stop sign to stay as she feels the safety of the children in the area is important. Ms. O'Keefe stated people want to use and enjoy the park and it is now not as dangerous for the children to cross the street to get to the park. Debra Hall of 411 W. Minnehaha stated they want the stop sign to stay she also would like to see more stop signs along Minnehaha to slow the traffic down. Mayor Turville stated that Mr. Lafayette Hester wrote a letter stating he would like the stop sign to stay and a letter from Kevin and Rosi Mulholland requesting the stop sign stay. Sterling Frey, 1647 1st Street stated he, along with those persons who signed his petition, would like to see the stop sign removed. Mr. Frey stated he understands that many of the cars do not obey the speed limit and when there are children involved you want a safe street. Mr. Frey stated that he felt that the stop sign however, was being put there for the wrong reason and stop signs should not be put up to control speed. Mr. Frey stated that he would like the City to look at other ways to control speed such as police presence and enforcement of the speed limit, elongated speed bumps or a traffic circle. Ms. Hester of 387 Minnehaha stated she wants the stop sign to stay and cannot understand why anyone would oppose a stop sign that slows traffic and could save a life. Mr. Hester also stated he wanted the sign to stay. Greg Lang of 457 W. Minnehaha stated the people who signed the petitioner requesting the stop sign to be removed do not live in the area of 4th and Minnehaha and have no direct interest in the area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 7 Elaine Beebe of 431 W. Minnehaha stated the stop sign should stay for the safety of the families and children in that area and to slow traffic down. Jeff Hall of 411 W. Minnehaha stated he would like to stop sign to stay and in addition would like more speed enforcement. Council Member Biddle stated that the goal of stop signs are not to control speed but felt that the intersection was dangerous, there were no sidewalks and many children in the area. Council Member Mullins stated he would like the stop sign to stay and also would like to look into speed bumps on the street. Council Member Lamb stated she felt the stop sign should stay and if the only way to slow speed was a stop sign, then we need to use it. Ms. Lamb stated that the community of Winter Park has maintained their neighborhoods in spite of growth through-the use of properly used stop signs. Council Member MacLauchlin stated she support the stop sign and the City should consider another sign at East Avenue and Minnehaha. Mayor Turville stated that the City should consider a traffic study throughout the City so that there is a plan and not just stop signs put up all over the City to control speed. Annexation Agreement Planning Director Barry Brown stated this Agreement regards an approximate 6 acre site located south of Highway 50 that is proposed for annexation and is the subject of Ordinances Nos. 386-M and 387-M. Mr. Brown stated this was an in-fill annexation and there is City property to the north, south, east and west of the site. Mr. Brown stated that Staff recommends approval of the annexation of the property pursuant to this Annexation Agreement and all of the conditions contained therein specifying certain uses that will not CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 8 be allowed on the property. Mr. Brown stated that uses not allowed include no fast food restaurants, convenience stores, automotive services or tourist accommodations. The annexation agreement was approved by City Attorney Guthrie. Council Member Biddle requested an explanation regarding the uses not allowed and Planning Director Brown explained that they felt those types of uses were better located near a signaled intersection. Council Member Mullins requested confirmation that the property owner was satisfied with the City's requirement of dedicated right-of-way and City Manager Saunders stated that the dedicated right-of-way would run east and west and the property owners had no problem with that. A motion was made by Council Member Biddle: seconded by Council Member Mullins and carried unanimously to enter into the Annexation Agreement. Ordinance No. 386-M Mayor Turville read Ordinance No. 386 by title only. Planning Director Brown stated this ordinance will annex approximate, ly 6 acres that is the subject of the annexation agreement. Mr. Brown stated the property is located on the south side of Highway 50 directly east of the Eye Clinic. Mr. Brown stated Staff recommends approval of the request. A motion was made by Council Member MacLauchlin, seconded by Council Member Biddle and carried unanimously by roll call vote: to approve Ordinance No. 386-M contingent on the accemance of the Annexation Agreement by the petitioner. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 9 Ordinance No. 387-M Mayor Turville read Ordinance No. 387-M by title only. Mayor Turville stated that this 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. Planning Director Brown stated that this ordinance will rezone the approximate 6 acres and the applicant is requesting that the property be zoned to C-1 Light Commercial and R-3 Residential/Professional. Mr. Brown stated Staff recommends approval. A discussion was held by all Council Members and there was consensus that there should be a workshop with Planning and Zoning regarding land-use planning for that area. A motion was made bv Council Member Biddle, seconded by Council Member Lamb and carried unanimously by roll call vote, to approve Ordinance No. 387-M contingent on the acceptance of the Annexation Agreement by the petitioner. VISITORS WITH BUSINESS Carla A. Alford Planning Director Brown stated that this house is located at 432 Carroll Street and the applicant is requesting two variances. Mr. Brown stated that the first variance is to allow the construction of a driveway constructed of brick pavers rather than the 6 inches of concrete with wire mesh as required by City Code. Mr. Brown stated that variances of this type have previously been granted subject to the applicant providing specifications that meet the City's requirement for brick pavers and subject to the applicant providing the City with a hold harmless agreement holding the City harmless of any damage t the pavers that might occur either through City vehicles or other traffic in the right-of-way area. Planning Director Brown stated that the second variance is to allow a portion of the driveway apron to be CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 10 constructed with a slope of 4% towards the street rather than 6%, and to allow the remainder of the driveway to be constructed with a slope towards the property. Mr. Brown stated that City Engineer Richardson concluded that due to the slope of the land, the construction of the driveway to City code would put a large hump in the driveway making it unusable and that sloping a portion of the driveway towards the street will prevent any problems with water mn off from the street. Mr. Brown stated that Staff recommends approval of both variances requested. Mayor Turville stated that this 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. City Manager Saunders stated that the hold harmless clause should include that the City will not be held responsible for any storm drainage that may enter the driveway because it does not meet the typical City code. .d motion was made by Council Member Biddle, seconded by Council Member Mullins and carried unanirnousl? to approve both variance requests and that the hold harmless agreement will include lan~truage that the CiG will not be held responsible for any stormwater that may enter the properS. NEW BUSINESS Clermont Downtown Partnership Representing the Partnership's President, Rose Biddle, Council Member Jeff Biddle stated that as a result of the joint coordinated efforts of the South Lake Chamber of Commerce, the South Lake Community Foundation and the Clermont Downtown Parmership he was asking approval of the Conceptual Streetscape Plans drawn by Green Consulting Group, Inc. Mr. Biddle stated that these plans were presented to the CRA Board who approved them and directed that they be presented to the City Council for approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 11 A motion was made by Council Member Biddle~. seconded by Council Member Lamb: and carried unanimously to accept the Conceptual Streetscape Plan. City Manager Saunders stated that the City is putting together an advertisement for other engineering projects and suggested that this project be included in that advertisement for request for qualifications. Mr. Saunders stated that the finns that are interest can make presentations and the Council can select someone to do the preliminary plans. A motion was made by Council Member Biddle: seconded by Council Member Lamb: and carried unanimously to include in the Ci~'s advertisement for request for qualifications for en~ineerin~ projects: the streetscape plan project. Resolution No. 1102 Mayor Turville read Resolution No. 1102 by title only. City Manager Saunders stated that this resolution will rename an existing street in the Lancaster At Kings Ridge subdivision. Mr. Saunders stated the name that was originally approved by Lake County 911 was "Grafton Avenue" and an error was made on the final plat by the project engineer listing the street as "Crafton Avenue". Mr. Saunders stated this resolution will correct the street name. motion was made by Council Member Lamb. seconded by Council Member Biddle and carried unanimously: to approve adopt Resolution No. 1102. ~ Resolution No. 1103 City Manager Saunders read Resolution No. 1103 by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 12 Finance Director Van Zile stated this resolution will accept the proposal from Sun Trust Bank for a loan not to exceed $300,000 for the financing of the new aerial fire apparatus. Mr. Van Zile stated that the City requested quotes from all of the area banks however the only proposal received was from Sun Trust with the rate being based on 90% of the U.S. Government Treasury yields. Mr. Van Zile stated the current rate would be 5.6% and Staff recommended approval. A motion was made by Council Member Lamb, seconded by Council Member Biddle and carried unanimous(v by roll call vote, to adopt Resolution No. 1103 accepting the proposal from Sun Trust Bank for a loan not to exceed $300,000 to finance the new aerial fire apparatus. Bid Award City Manager Saunders stated that the City received 10 bids for the construction of the main fire station to be located on Highway 50 between 4th and 5th Streets. Mr. Saunders stated that the City's architects, SRI reviewed the bids and South Lake Constructors, Inc. was the low bidder. Mr. Saunders stated that SRI and Staff recommend awarding the bid to the low bidder and also recommend that the City take advantage of Alternate 7, which is the emergency generator and Alternate 9 for the chain link fencing inside the gate for a total of $874,319.00. A motion was made by Council Member Mullins, seconded by Council Member Lamb and carried unanimous(v, to award the bid for the construction of the main fire station, along with Alternates 7 and 9, to t~e low bidder: South Lake Constructors, Inc. in the amount of $874,319.00. City Manager Saunders recognized Mr. Thompson of South Lake Constructors, Inc. and also stated that construction should begin within 30 to 40 days. CITIZENS COMMENTS CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 13 David Falzon stated that he did not agree with the City Attorney's opinion regarding the ownership of property lying directly across the street and south of Lot 3, Block 63 (Winona Lake Shore frontage). Mr. Falzon stated his information regarding ownership was based on a map and showed the map to the Council. City Attorney Guthfie stated that the map Mr. Falzon had is a real estate sales map and not an official map of the City of Clermont. Mr. Guthfie stated these real estate maps were maps that a salesperson would record and sell against, but were not official maps of a City. Mr. Guthrie stated that the City of Clermont had the benefit of two official maps of Clermont, one in 1886 and one in 1926. Mr. Guthrie stated the parcels of land adjacent to Lot 3 appear on the official maps of the City of Clermont as fight-of-way. Mr. Guthrie stated further that there is no chain of title leading to Mr. Falzon having any interest in the property. City Attorney Guthrie stated his opinion and the opinion of the title search attorney is that Mr. Falzon does not own the lakefront property in front of Mr. Falzon's home. Mr. Falzon stated he did not agree with the City Attorney's opinion and continued to argue his point of view. Mayor Turville stated that it was obvious that Mr. Falzon had a strong opinion as to his privilege to the land and this is the second City Attorney who has rendered an opinion that Mr. Falzon does not own the land. Mr. Turville stated there is consensus that the City is claiming the property as fight-of-way. Mr. Turville stated that the record of this meeting substantiates the City's position and opinion and is available to Mr. Falzon. Dick Tegen stated it was his understanding that the City had still not received the plans from Lennar Homes for the fire station at Kings Ridge and asked if there was anything the City could do or the residents there could do to assist in getting the plans. Bill Gray asked whether the bid that was just accepted for the fire station on Highway 50 could give an indication of what the cost of the Kings Ridge fire station should be and Mr. Saunders stated that it would help considerably as the two fire stations are based on the same conceptual plan and the only difference is that the Kings Ridge fire station is not being constructed to house fire fighters. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 14, 1999 Page 14 City Manager Saunders stated he contacted Rob Ahrens three or four weeks ago and he assured him that they were working diligently on getting the plans completed and providing them to the City shortly. Mr. Saunders stated that he still has not received the plans and could only suggest that the residents of Kings Ridge allow it to be known that they are unhappy with the delays. Mr. Saunders stated the City has called many times and expressed concern about the delays. Mayor Turville stated that he received a call regarding real estate signs along the right-of- ways. Mr. Saunders stated that the City Code Enforcement Officer works about one weekend per month and picks up the signs, but as soon as the signs are picked up the real estate companies have crews that go out and put more up. Mr. Saunders stated that until the City Council adopts a code that places a fine it will be a problem. Mayor Turville stated that the Council should move quickly on improving our sign code. There being no further business the meeting was adjourned. Attest: ~or ol~seph g."Van Lqle, City Clerk r 0 • BERNARD J. MARTIN ATTORNEY AT LAW 506 WYMORE ROAD WINTER PARK, FL 32789 TELEPHONE 1407!645-5566 FAX(407}629.5389 Robert Guthrie December 14,1999 RE: That Portion of Winona Lake Shore frontage lying directly across the street and south of Lot 3, Block 63 . Dear Mr. Guthrie, Pursuant to your recent request, I have peformed a title search of the abovementioned property. I have reviewed the muniments of title. I have also reviewed the legal descriptions in the chain of title of this property and also that regarding the Map of Lake View Park indicating land across the street from lot 3. I have reviewed the relevant maps regarding the Town of Clermont and the City of Clermont. I have reviewed the special law regarding ownership of unplatted lakeshore property within the Map of the City of Clermont. Upon this research and review, I have observed that no land has been platted nor ownership of platted land demarked on the City of Clermont plat across the street from lot 3. Similarly siturated properties on either side of lot 3 have either accreted land per the City of Clermont plat or have ownership to the lake pursuant to the Surveyor indicating block lines leading to the lake's edge. Lot 3 has no platted land across from it. David Falzone has no title leading to his interest. His deed is a wild deed created and recorded with no source of title. Based upon, I have formed an opinion as to the interest of David Falzon in the subject property. . It is my opinion that David Falzon- has. no legal title to that property referenced above. Ve truly yours, 7"--\ — B and J. , SQ, P.E. , P.L. . -f C•iemard Martin.Esq:LEGAL:LEGAL:aaan clennont opinion •