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11-23-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, November 23, 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. A motion was made by Council Member Biddle and seconded by Council Member MacLauchlin, and carried unanimously to approve the minutes of the ret, ular Council Meetin~ held November 9. 1999. CITY MANAGER SAUNDERS' REPORT Mr. Saunders stated that the Clermont Garden Club would like to make improvements to the City owned property their building is on, including new sod and landscaping as well as new sidewalks that will meet handicap code. Mr. Saunders asked that he and the Planning Department be granted the permission to work with the Garden Club to get the project underway. ~4 motion was made by Council Member Lamb and seconded by Council Member Biddle, and carried unanimously that Ci~ Manager Saunders work with the Garden Club and assist them in the design of the improvements to the Ci~ properw, where their building is located, in order to meet the Handicap Code. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 2 City Manager Saunders reminded the Council of the Council Workshop scheduled for 6:30 p.m. on November 30, 1999, at the Police Department. Mr. Saunders stated that Planning Director Brown passed out an agenda and stated that City Attorney Guthrie would attend the meeting. A workshop was also scheduled for 6:30 p.m. on December 7, 1999, at the Police Department. Mayor Turville stated that historically the Council had canceled the last meeting in the month of December for the holiday season and there was consensus that the December 28, 1999 meeting would be canceled. CITY ATTORNEY GUTHRIE No Report. FINANCE DIRECTOR VAN ZILE No Report COUNCIL MEMBER BIDDLE Council Member Biddle stated that at the request of Police Chief Story, the Clermont Downtown Parmership addressed and made suggestions regarding the problem with delivery truck loading zones in the downtown area. Mr. Biddle stated that there are now three commercial loading zones in the downtown area and Mr. Biddle stated he wanted to thank the staff for its assistance. Council Member Biddle stated that at the last Planning and Zoning Commission meeting, Wanda Andrews asked if the City would look into the possibility of a skate board park. Mr. Biddle stated that the Youth Minister from First United Methodist Church had advised that they have a skate board park on the Church grounds available for use and are looking for funding to help keep it going and to make improvements. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 3 Council Member Biddle stated that he felt it was vitally important that workshops be scheduled in January, with the new council, to review several issues, such as the Highway 27 and State Road 50 corridors, so that the new council members can be brought up to date on what is on the table right now. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER LAMB Council Member Lamb stated she agreed with Council Member Biddle that several workshops should be scheduled in the near future and that some should include experts from other agencies such as the Department of Transportation and Environmental Protection Agency in order to assist the Council in their planning. Council Member Lamb requested information regarding submitting comprehensive plan amendments for approval to DCA and Planning Director Brown stated the EAR report had been submitted in 1998, and received a sufficiency report. Mr. Brown stated the City has retained a Regional Planning Council who is working with the City to have the EAR brought sufficient by the 15th of December, 1999. COUNCIL MEMBER MACLAUCHLIN No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 4 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. CONSENT AGENDA Item No. 1 Bid Approval Aerial Lift Retrofit Item No. 2 Local Mitigation Strategy Plan Submittal Request 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 Biddle, seconded by Council Member Lamb and carried unanimously to approve the bid from Telelect East in the amount of $39,950. OO for the retrofit. Council Member Mullins stated that Under Step 4, Part B of the Local Mitigation Strategy there was a grammar/typographical error that should be corrected in the final draft of the Agreement. A motion was made by Council Member Mullins, seconded by Council Member Biddle and carried unanimously to approve the Local Mitigation StrateL, v report with the grammar corrected under Step 4, Park B. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 5 UNFINISHED BUSINESS Annexation Agreement Planning Director Brown stated the Annexation Agreement refers to property that is being requested for annexation under Ordinance No. 386-M which is next on the agenda. Mr. Brown stated the property is approximately 6 acres located south of Highway 50 and east of Dr. Pennachio's Eye Clinic. Mr. Brown stated the annexation includes a request under Ordinance 387-M for rezoning the property to C-1 Light Commercial and stated this parcel is currently in the County and is an in-fill annexation. Planning Director Brown stated that the drafted Annexation Agreement directs the uses and restrictions that the City will require at this location. Planning Director Brown read the restrictions and stated that the commercial uses that were allowed were "stand alone" buildings, not strip centers. Mr. Brown stated the agreement will also require cross-access through the property from S.R. 50 on the North to Hook Street on the South and that the dedication of right-of-way for the future extension of Hook Street will be addressed. City Attorney Guthrie stated that there should be some additional legal language added to the agreement, including the legal description and stated an Annexation Agreement should be signed by all of the owners. Bob Thompson said he had not had an opportunity to review the Annexation Agreement and was concerned that if a road was to be constructed at a future date, who would pay for that and would be be constructed on one side of the property or the other, and not down the center but half on one property and half on the other property. Mr. Thompson stated he would like to table the issue until the next meeting until he could review the agreement. Mayor Turville stated that the Council would take all of those issues associated with this Annexation and table them until the next meeting in order that the agreement can be reviewed again and the City Attorney can put in additional language. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 6 A motion was made by Council Member Biddle. seconded by Council Member Lamb and carried unanimousl~v to table the Annexation Agreement. Ordinance No. 386-M and Ordinance No. 387-M until the December 14. 1999. Council Meeting. Ordinance No. 388-M Mayor Turville read Ordinance No. 388-M by title only. City Attorney Guthrie advised the City Council that the Florida Supreme Court had just ruled that small scale amendments are to be treated like any plan amendment and are policy decision and a Quasi Judicial hearing is not necessary. Planning Director Barry Brown stated this was a request for a Small Scale Comprehensive Plan amendment changing the Land Use Classification from Residential to Residential/Professional and changing the Land Use District from UD-3 to UD-5 for the purpose of constructing a professional office complex on a parcel of approximately 5 acres. Mr. Brown stated the property is located between Highway 27 and Bloxam Avenue, North of Pitt Street and directly North of the Sunnyhill Apartments. Planning Director Brown stated that the present Land Use Classification does not specifically permit professional offices. Planning Director Brown stated that staff feels that professional offices is a good use for the area and provides a buffer between U.S. Highway 27 to the East and single family residential uses to the West. Jimmy Crawford, representing the applicant, stated that the current land use designation allows both multi-family and tourist accommodations. Mr. Crawford stated that applicants believe that professional offices would be a better buffer for the neighbors and they have had no opposition from the neighbors. Council Member MacLauchlin verified that the Council will have the opportunity to address the issue of access to the property from Bloxam and Highway 27. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 7 A motion was made by Council Member Lamb, seconded by Council Member Biddle and carried unanimously by roll call vote, to approve Ordinance No. 388-M. Ordinance No. 389-M Mayor Turville read Ordinance No. 389-M by title only. City Manager Saunders stated that this ordinance will vacate the utility easement that is located on the multifamily project that was previously approved by the City Council located west of Citrus Tower Boulevard and north of Oakley Seaver Drive. A motion was made by Council Member Biddle: seconded by Council Member Lamb and carried unanimously by roll call vote, to approve Ordinance No. 389-M. Police and Fire Pension Boards City Manager Saunders stated that at the last City Council Meeting the Council appointed two representatives to the Fire pension Board and the Police Pension Board. Mr. Saunders stated those members met with the members that were elected by the Police and Fire personnel and have recommended Mr. Bo Waldrup to be appointed as the fifth member to the Fire Pension Board and Mr. David Lofgren be appointed as the fifth member to the Police Pension Board. A motion was made by Council Member Biddle, seconded by Council Member Lamb and carried unanimously to appoint Mr. Bo Waldrup to the Fire Pension Board and Mr. David Lofgren to the Police Pension Board, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 8 VISITORS WITH BUSINESS Resolution No. 1101 Planning Director Barry Brown stated that the applicant is requesting a Conditional Use Permit to use one room of the South Lake Angels of Mercy building as a learning center for low income families. Mr. Brown stated the property is located between Millholland and Hampton Streets and north of the Burger King and Pizza Hut. Mr. Brown stated that the existing use is a thrift store for the South Lake Angels of Mercy and they would like to equip one room of the existing building with computers and other learning aids in order to provide training in reading, writing, math skills, life skills, communication, money management, career development, computer skills and Bible study. 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. City Clerk Van Zile swore in the following persons: Bob Schrader, 139496 Lakeshore Drive, Clermont, Florida Carolyn McCracken, 12500 Lake Ridge Circle, Clermont, Florida Bob Schrader confirmed that only one room would be used as an education center. Carolyn McCracken stated that they plan to have classes in 10 to 11 week sections and will have from 5 to 8 pupils at a time. Mrs. McCracken stated that they wish to assist those in need of physical, spiritual and emotional assistance and help those low income women enter the job market. Ms. McCracken stated they would also use the room for tutoring young students, enabling them to improve their reading skills. ~4 motion was made by Council Member Lamb, seconded by Council Member MacLauchlin and carried unanimousl~v to approve Resolution No. 1101. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 9 NEW BUSINESS Temporary Structure City Manager Saunders stated that the City will be receiving its two new fire tracks within the few weeks. Mr. Saunders stated that Fire Chief Bishop would like to purchase two temporary structure in order to provide cover for the two new tracks. Mr. Saunders stated the temporary structure will be aluminum poles with heavy vinyl tarps as covers and will only be used until the new fire stations have been completed. City Manager Saunders stated the temporary structures will be located adjacent to and behind the Fire Department building located at the comer of DeSoto Street and 7th Street and the City does not have buildings to house these two pieces of equipment at this time to protect them from the elements. Mr. Saunders stated the temporary structures will cost approximately $800.00. City Manager Saunders stated that since these structures would be in use for more than thirty days, this required Council approval. Mayor Turville asked if there was room to store the macks at any other location and City Manager Saunders stated that the City's other possible locations were in remote locations and at night and on the weekends someone would have to unlock gates to allow the macks out in the event of a firefighting call. Mr. Saunders stated also there were no locations that had a covered area large enough to protect the entire truck. A motion was made by Council Member Biddle, seconded by Council Member Lamb and carried unanimous(v to approve the purchase and use of the tempora~ structures for two fire trucks until the new fire stations are built. CITIZENS' COMMENTS David Falzon stated he was still waiting to get an opinion regarding the ownership of lakefront property near his home from City Attorney Guthrie and City Attorney Guthrie CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 23, 1999 Page 10 explained his progress in researching the property in order to give the Council his opinion as to whether Mr. Falzon or the City owns the lakefront property. After a citizen's inquiry Mr. Saunders stated that the main Fire ~tation has a time frame of an approximately 8 months for construction. Mr. Saunders stated that the City is still waiting for plans and specifications from Lennar Homes for Fire Station Two at Kings Ridge2 Mr. Saunders stated that once the Council has approved plans and specifications and cost estimates, Lennar will build that station and stated they felt they could build it in approximately 6 to 8 months. There being no further business the meeting was adjourned at 8:30 p.m. Harold S. Turville, Jr. Mayor Attest: