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07-27-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 27, 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 Brown, Council Member Lamb and Council Member Wolfe. 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 Brown followed by the repeating of th~" Pledge of Allegiance to the Flag by all present. A motion was made by Council Member Biddle and seconded by Council Member Brown, and carried unanimously to approve the minutes of the regular Council Meeting held July 13. 1999. A motion was made by Council Member Brown, seconded by Council Member Biddle, and carried unanimously to a.~t~rove the minutes of the Council Workshop Minutes of Janua~ 22, 1999_. Februa~ 4, 1999. March 2, 1999. March 17. 1999. and the Joint Workshop meeting of the CiD Council and Planning and Zoning Commission held June 15, 1999. --7 7 la, / CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that the City has negotiated a lease agreement for the structure located at the comer of Chestnut Street and Ryan for a month to month lease at the rate of $500.00 a month. Mr. Saunders stated the structure would be used as a temporary police substation and requested Council's approval to enter into the lease. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 2 A motion was made by Council Member Biddle, seconded by Council Member Brown, and carried unanimously to authorize the Ci~ to enter into a month to month lease at the rate qf $500. O0 per month, for rental qf the structure located at the corner qf Chestnut Street and Ryan, for use as a ternpora~ police substation. City Manager Saunders stated that a Council Workshop was needed regarding Kings Ridge Fire Station and annexation issues and it was agreed that a Workshop would be held August 12, 1999, at 6:30 p.m., at the Police Department. CITY ATTORNEY GUTHRIE No report. FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE Council Member Biddle reminded the City Council and Citizens that there will be a CRA Meeting before the August 10, 1999 City Council Meeting. COUNCIL MEMBER BROWN No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 3 COUNCIL MEMBER LAMB No report. COUNCIL MEMBER WOLFE No report. MAYOR TURVILLE No report. VISITORS WITH BUSINESS Downtown Clermont Partnership Rose Biddle, President of the Downtown Clermont Parmership requested approval to hold a Civil War Re-enactment and encampment at the Waterfront Park on Saturday, October 2, 1999, at 1:00 p.m. and Sunday, October 3, 1999, at 2:00 p.m. Ms. Biddle stated the battles would last approximately forty-five minutes. Ms. Biddle stated they would also request approval for the area at the North end of 8th Street as a site for the encampment that would be set up Friday, October 1, 1999, in the morning, and would break down on Sunday afternoon. Ms. Biddle requested that the Council allow the Re-enactment group to have camp fires, to fire guns, with powder only, and to fire cannons at the battle. Ms. Biddle stated that the grounds would be cleaned up and left as found and stated that the Re-enactment group would also like to have a calvary group, with horses and stated that the group anticipates having approximately 50 soldiers along with their families at the encampment. Ms. Biddle stated that the group would present a "living history", with authentic uniforms, money, tools and equipment and that the public would be invited to the camp grounds to ask questions and learn about the Civil War. Ms. Biddle stated that CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 4 there would be no charge for this event and she felt it would be a great opportunity for the community to learn about the history of that Civil War era. Council Member Brown stated that he had canvassed the neighborhood to get opinions regarding a Civil War Re-enactment. Mr. Brown stated a majority of the citizens wanted to know if the event was being held for monitory reasons or whether it was an educational event. Council Member Brown stated that he was left with the impression that most citizens felt it would be a good event as long as it was educational also and therefore, he felt he could support the event. Mayor Turville stated that the City of Clermont had not engaged in any Civil War battles and he was concerned that there would be members of the community who would be sensitive to have this activity on public property. Mr. Turville stated further that the City routinely ask the neighbors around the Waterfront Park area for their patience during Triathlons and the noise that accompanies those, and he felt they may not like having cannons, gun fire, horses and camp fires up and down the Waterfront Park and felt he could not support the event. Council Member Wolfe stated while he was supportive of activities downtown, he felt concern regarding the noise, as well as the fact that the property along the Waterfront Park is a very constrained area to be having this type of activity and therefore did not feel he could support this activity. Council Member Lamb stated that she cannot support horses at Waterfront Park and was concerned regarding the battle Re-enactment with guns and cannons near a residential neighborhood. Council Member Biddle stated that the Triathlons, which he supports, begin at 7:00 a.m. with bull-horns blaring and this Re-enactment is an event will be held in the middle of the afternoon, in conjunction with other events downtown, that will be of interest to all citizens and not just athletes. He stated that horses would not have to be included and he felt the event would be historical and educational for the children and adults of the community. Mr. Biddle stated that the purpose of the event was not for monitory gains, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 5 but would be a very good, educational public event for the citizens and he was supportive of the idea. Council Member Biddle stated that the City has approved other events, such as Pig On the Pond at the Waterfront Park and the neighborhood is not asked permission to do that. Mike Hardy, a re-enactor, stated that the full Re-enactment battles are held in rural areas, however, the living history" events are held in many municipalities, such as Ocoee, and they will ask the calvary not to participate. Mr. Hardy stated the actual battle and any noise from the battle would last approximately 45 minutes and would only be in the afternoon from approximately 1:00 p.m. to 2:00 p.m. Mr. Hardy stated there is no gun fire at any time, other than during the actual battle time itself. Council Member Brown stated the City should get more input from the citizens regarding this and no decision should be made for or against now. Council Member Lamb asked whether notices could be sent out to the neighbors around the Waterfront Park to ask their opinion. Council Member Wolfe requested that the City Manager get the names of other communities that have this event and obtain their opinions. City Manager Saunders stated that he would contact other communities and report back to the City Council and also stated that notices could be sent out, however, there would not be sufficient time to do that in order for the event to be scheduled for October. Rachael Maynard, a re-enactor, stated that if the issue is tabled tonight, the event will not be able to take place in October, as that will not give them sufficient time to schedule the event. Ms. Maynard stated that they are required to notify the Commanders by mail and then the Commanders must notify all their men, also by mail. Mayor Turville stated that if the Council voted now, it would probably be denied approval, however, if the Council can table the vote until more information is received, the Re-enactment may be able to take place at another time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 6 A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously to table the reauest of the Downtown Clermont Partnership to have a Civil War Re-enactment at the Wate~ront Park. until the Aug~ust 10. I999. Ciw, Council Meeting Mayor Turville stated that the issues involving variance requests and Conditional Use Permits all require a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. Resolution No. 1075-Celebration of Praise Church of God Mayor Turville read the Resolution by title only. Planning Director Brown stated that the applicant is requesting a Conditional Use Permit for the operation of a church at the Citrus Tower Centre, located on the SE comer of U.S. 27 and Grand Highway. Mr. Brown stated that based upon consistency with adopted zoning district regulations, future land use classifications and district designations, and existing land uses on and adjacent to the site, the Staff recommends approval with conditions as stated in the ordinance, including condition number five which states that should a business that sells alcoholic beverages for onsite consumption wish to locate within 500 feet of the church, the church will not contest a variance application. This condition was placed on a prior church that was locating at the Citrus Tower, at the request of the City Council. Mr. Brown stated that the Planning & Zoning Commission felt that it was not appropriate for them to deny the Church the opportunity to oppose a variance request and asked that condition number five be stricken from the Conditional Use Permit. City Clerk Van Zile swore in the following citizens: Pastor Rod Trusty, 17711 Apshawa Road, East, Clermont, Florida. Elaine Renick, 1974 Branfley Circle, Clermont, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 7 Pastor Trusty stated the Church realizes that there is a restaurant located on the property that is considering selling alcoholic beverages. Pastor Trusty stated that his church has no objections because this is their temporary facility only for a one year period of time while they construct their new facility. Council Member Lamb stated she has a problem with a Conditional Use Permit not allowing an individual the right to voice their opinion and in the event a variance is requested in the future for the service of alcohol she does not feel the Church can make a decision for all of the individual members. Mayor Turville stated that in the Quasi-Judicial process the Council is supposed to be making decisions based on whether there is a hardship and if there is an existing land use that supports restaurants and the sale of alcoholic beverages as a permitted use and you locate a Church into that commercial area, it is the restaurant that then has to petition for a variance to perform in an area he typically is allowed to perform already. Mr. Turville stated he did not feel the burden was really on the Church members, the burden is on the restaurant who goes to that location well-intended and legitimately and then his privileges and rights disappear and he becomes the person who must request the variance. City Attorney Guthrie stated that this condition could be applied to the institution, the Church, but we could not impose that condition on individual persons who may want to oppose the consumption of alcoholic beverages in a particular location. Mr. Guthrie stated that if the condition is imposed to the institution, the individuals could still appear before the City Council and be heard. City Attorney Guthrie stated this is a temporary use and conditioned upon an application where they came forward and asked to be in place for a temporary period of time, whereas, but for them being there, the land use that is otherwise perfectly permissible under our Code, could go in and sell alcoholic beverages. Mr. Guthrie stated the condition is not prohibited but is a policy call as to whether the Council wants to impose it upon the institution. Elaine Renick stated she wanted to clarify what the Planning and Zoning Commission's opinion was based on. Ms. Renick stated that their main concern was that they felt they were overstepping their bounds and felt this was a decision for the City Council. Ms. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 8 Renick stated it was not that Planning and Zoning did not approve of this Conditional Use Permit, but rather that they were uncomfortable having the issue before them and felt it was the Council's decision. A motion was made b.v Council Member Biddle. seconded Council Member Wolfe, and carried by roll call vote, to ~t~rove the Conditional Use Permit_. including condition number 5. (Council Member Lamb ResolUtion No. 1076-St. Matthias Episcopal Church Mayor Turville stated the Council was still in the Quasi-Judicial process and read Resolution No. 1076 by title only. Planning Director Barry Brown stated that applicant, St. Matthias Episcopal Church, located at 574 Montrose Street, is requesting a Conditional Use Permit to amend an existing Conditional Use Permit, to allow the expansion of the Church sanctuary increasing sanctuary seating by 50 people, and a variance of the side-yard set-back to allow applicant to enlarge existing bathrooms. In conjunction with the Conditional Use Permit, the applicant is requesting a variance from parking requirements and side yard setback. Mr. Brown stated that although the 6 spaces needed could be provided in the rear yard of the Church, that would require the removal of several large oak trees and deny the Church the use for its space for it functions. Mr. Brown stated that since there was available off-street parking in the area and there is no conflict with the commercial uses and public facilities in the area, the Staff recommends approval of the Conditional Use Permit, parking variance and side-yard set back variance. City Clerk Van Zile swore in the following citizens: Anne Dupee, 389 Division Street, Clermont, Florida Richmond Simmons, 305 Lakeshore Drive, Minneola, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 9 Ann Dupee stated that if the Church had to use their rear yard for parking, they would have to take down several large oak trees. Ms. Dupee stated there was ample on-street parking around the Church. Ms. Dupee stated the Church is growing, and has been in downtown Clermont since 1945 and would like to be able to stay downtown and a parking variance would allow them to continue to use their rear yard for church activities. Mr. Simmons stated that it is the intention of the Church to stay in their downtown location and this expansion would allow the beautiful Church to remain a church in downtown Clermont. A motion was made b~v Council Member Biddle, seconded by Council Member Lamb, and carried unanimousl~v to a~Drove the Conditional Use Permit and variance requests for parking and side-yard setback. Resolution No. 1077-IXC Communications/Rich McCoy, P.E. Mayor Turville stated the Council was still in the Quasi-Judicial process and read Resolution No. 1077 by title only. Planning Director Brown stated the Applicant is requesting a Conditional Use Permit to amend an existing Conditional Use Permit in order to allow the expansion of their fiber optics regeneration station in the Clermont Commons Business Park. He stated that the Applicant is also requesting a variance to the parking requirements for this facility. Mr. Brown stated that our Code does not specifically address parking requirements for unmanned facilities and the initial facility provided for five parking space which is adequate for the expanded facility, which will still be unmanned. Mr. Brown stated that the Staff and Planning and Zoning Commission recommend approval of the Conditional Use Permit and variance request. City Clerk Van Zile sworn in the following citizens: Rick McCoy, 713 West Montrose, Clermont, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 10 Mr. McCoy stated that he represented the Applicant and wanted to point at that this is a one and one-half acre lot and less than 4% of the lot will be covered. A motion was made by Council Member Lamb, seconded by Council Member Wolfe, and carried unanimously to approve the Conditional Use Permit and variance request. Ron Carden-Variance Request Mayor Turville stated the Council was still in the Quasi-Judicial process. Planning Director Brown stated that the Applicant is requesting a 16' rear yard setback as opposed to the 25' setback per our code in order to construct an enclosed porch on an existing concrete pad. Mr. Brown stated the hardship stated by the Applicant is that the home was constructed in 1983 on a 75' X 85' lot rather than the 75' X 100' required by our current Code and that this precludes him from constructing a porch. Mr. Brown stated that historically the City has not granted residential setback variances due to undersized lots and therefore Staff recommends denial of the variance. City Clerk Van Zile sworn in the following citizens: Ron Carden, 1780 Rosewood Avenue, Clermont. Mr. Carden, representing the Applicants, stated that there is already an existing cement slab and there is a 25' setback because the property is on the comer of 4th and Minneola. Mr. Carden stated that there is a lot of property that you cannot use and he feels it penalizes the homeowner. Mr. Carden stated he has spoken with all of the neighbors and none of them have any objections. Mr. Carden stated that putting a porch on the concrete slab that is already there will be an asset and improvement to the home and neighborhood. Council Members Lamb, Wolfe, Brown and Biddle stated for the record that they had spoken with Mr. Carden and had reviewed the property and all felt that covering the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 11 existing concrete slab with a porch would be an improvement to the property and neighborhood. A motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously to approve the variance request. David L. Ailyn, M.D. Variance request. WITHDRAWN. Rolling Hills Ford Mayor Turville stated the Council was still in the Quasi-Judicial process. Planning Director Brown stated that the Applicant is requesting a variance to place a temporary office trailer on the site for a period of 30 months to be utilized as a commercial sales department while he is remodeling the existing store to accommodate growth of his dealership. The City Code allows for construction trailers associated only with permitted construction projects and the Staff recommends denial of the variance as requested. Mr. Brown stated that the Staff would support a variance for a temporary office for a reasonable period of time to complete remodeling and that that time period should coincide with the time of construction. City Clerk Van Zile swore in the following citizens: Jay Rosario, 17318 Summer Sun Court, Clermont, Florida Mr. Rosario stated that he did not realize the conditions pertaining to a variance request and would actually request a variance for a period of 14 months, while he is either expanding, or remodeling his existing building. Mr. Rosario stated he was waiting for approval from Ford Motor Company regarding his expansion, but is planning to enclose the front of the dealership no matter what, which will allow him room for his additional staff. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 12 Mayor Turville confirmed with Mr. Rosario, that Mr. Rosario actually needs a variance for 14 months, not 30 months. Council Member Lamb confirmed with Mr. Rosario that he understood the requirements of the variance and confirmed that he was willing to give the Council specific start and ending dates for his remodeling and Mr. Rosario stated he was going to begin remodeling August 1, 1999, and would request the variance for the trailer to be on property for a period of 14 months. A motion was made by Council Member Biddle. seconded by Council Member Brown, and carried unanimously to a.~vrove a variance request allowing Rolling Hills Ford to place a tcmpora~ o~ce trailer on site for a period qf~fourteen (14) months, beginning Au~mtst 1, 1999. Levitt Homes Mayor Turville stated the Council was still in the Quasi-Judicial process. Planning Director Brown stated that the Applicant is requesting a variance to construct an entry feature including wall, signs, and columns to a height of 17'9. Mr. Brown stated that City code limits the height of walls to 6 feet. Mr. Brown stated that the City Council granted a variance to Lennar Homes to construct a 10' entry feature for the Legends subdivision and Staff does not recommend approval of the requested variance of 17'9" but will support a variance of 10 feet for the entry feature. City Clerk Van Zile swore in the following citizens: Harry Sleek, 7777 Glades Road, Boca Raton, Florida Mr. Sleek, representing the Applicant, presented a drawing of of entrance feature. Mr. Sleek indicated that the walls would not be 17'9" tall, only the columns and these columns include a street light fixture with a pineapple pinnacle that goes to 17'9". Mr. Sleek stated CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 13 that under the City's code most of the street lights are 20 to 25 feet tall and they prefer to not put that type of street light and therefore created an element that goes to 17'9". Mr. Sleek stated that off to the side of the columns are walls that are only 6' above ground level. Mr. Sleek stated that what applicant is requesting is a variance to put columns on either side, with mounted light fixtures and create a pleasing entrance to the community. Mr. Sleek also pointed out a fountain that will be used in the entrance and stated that the pineapple decoration feature on top of the fountain will exceed the height limit for walls. City Manager Saunders stated that the City code does not specifically address entrance features and will be addressed in the future in the City's amendments to land development regulations. Mr. Saunders stated that the reason this variance request was being brought before the Council is that the only thing that addresses this matter is the wall section of our ordinance, which is the 6 foot code. Council Member Lamb stated that she felt the entrance feature was beautiful and would be glad when appropriate language was in the City's codes so that these things would not have to come through the Council. Mayor Turville stated that for the most part the majority of the community will only be exposed to the entrance feature of his development, and he felt it was very nice and he had no problem supporting this. Council Member Brown stated he felt the entrance feature was very effective and creative. Council Member Biddle stated he has always been concerned about "fortresses" being put up along Highway 50, but after reviewing the drawings and hearing the description of this project, he supports this variance. A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously to approve the variance request allowing 17'9" height for the entrance feature columns. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 14 UNFINISHED WITH BUSINESS Historical Society Mayor Turville stated that the Applicants are requesting to lease the City owned property adjacent to the boat ramp for a Historical Village and the matter was tabled at the last City Council Meeting in order to allow the Historical Society, the City Manager and the City Attorney to negotiate and draft a lease agreement that the City Council could support. Mr. Turville stated that after the City Attorney met with Mr. Grant and City Manager Saunders, the City Attorney prepared a draft of a Lease Agreement to present to the City Council. Mr. Turville stated that Mr. Grant, President of the Historical Society has presented a Draft numbered "5" to the Council right before the start of the meeting, and that this new draft has not been reviewed by the Council. Jim Grant stated that the Board of the Historical Society has attempted, with Draft 5, to combine elements they consider to be the best of the last two drafts and that Draft 5 was done today. Mr. Grant stated he would like to remind the City Council that the Society has an excellent Board consisting of business and professional members, community affairs experts and those who have spent a great deal of time helping Clermont to progress and that this Board is not inexperienced in successful operations. Mayor Turville requested Mr. Grant reviewed the differences in Draft 5, from the City Attorney's draft, since he had not had an opportunity to completely read through the Draft 5. Council Member Lamb stated she had spent a lot of time with Mr. Grant trying to come up with an Agreement that she felt was a good product and stated that the Draft 5 was City Attorney Guthrie's draft and the Society's draft, meshed together to make it work and there was no new language. Ms. Lamb stated she felt the City and Historical Society needed a win-win situation and she did not want to hold this up anymore and the Council needed to move on this tonight. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 15 Council Member Brown stated he agreed with Ms. Lamb and wanted to move forward tonight, although he had not had an opportunity to read Draft 5. Mr. Brown stated that once the Society had a piece of land committed, they could move forward with soliciting funds for the project of the Historical Village. City Attorney Guthrie stated he briefly reviewed Draft 5 during the break and stated the although Draft 5 seemed to be a compromise of the two drafts, there were some differences. Mr. Guthrie stated that in paragraph one he suggested that the Society shall have a definite term, with additional language stating that in the event a grant was received by Society, that required a longer lease, that the City would approve that. Mr. Guthrie stated that the term the Society proposes in Draft 5 is much more open-ended. City Attorney Guthrie stated that another issue were target dates by which the Society had to secure additional buildings or items that were mutually agreed would go on the site. Mr. Guthrie stated that in Draft 5 those time frames were removed. Mr. Guthrie stated that another issue that was discussed was the concept of release of certain sites for another use, in the event the Society was not using a particular site at the time. Council Member Wolfe stated that the way City Attorney Guthrie's draft read if the Society was half-way through the project, three members of a City Council could just ask the Society to leave and decide to build something else on the site. Mr. Wolfe stated he did not like that language and felt that Draft 5 corrected that. Council Member Lamb stated that in paragraph 13 of Draft 5, the Society does agree to the target dates. City Manager Saunders stated the target dates in Draft 5 only related to the first building being moved to the site, but left out language for future buildings. Council Member Wolfe stated that the items moved to the site may not actually be buildings, but other items of historical significance and the Draft 5 does state if the Society does not perform within the 24 and 23 months, the property will revert back to the City. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 16 City Attorney Guthrie stated that Mr. Wolfe was correct, as to the first site, however the Staff's draft created a rolling time frame, a concept that applied the time frames to each site. City Manager Saunders stated his main concern with Draft 5 was the fact that one building could be moved to the site and the time stipulations could be met, and as long as that one building was open, the entire site could not be used for anything else. Ms. Lamb stated that this agreement was not about just moving one house, but about building a future village and she did not want to limit the Society in having anything of historical nature on that property if they want to use the property. Ms. Lamb stated she wanted to allow the Society their agreement to allow them to take forward their vision and make it a reality. Ms. Lamb stated that the Society should be allowed to make their vision a reality and if the City short-circuited them and did not give them the entire property so that they could implement their vision, it would be a disservice to what they are trying to do. Mayor Turville stated that he feels that what Staff wants and what the City Council wants is the same in that both want the Historical Village concept on the property. Mr. Turville stated that his concern and the Staff's concern is that in the event the village concept is not in place in fifteen years and the Historical Society hasn't had meetings, the entire property is still tied up with that project. Mr. Turville stated he felt there could be some legal ramifications to some of these suggestions, and the Council should understand that if only one house ever gets moved to the property, the City may need some way to insure that it turns into a village or whatever is possible for the site. Mr. Turville stated also that he has a problem with Draft 5 in that it requires the City to vacate the entire site within a year of the agreement and there is no money budgeted to relocate the existing recycling program located on that property. Mayor Turville stated that Draft 5 obligates us to build a structure to hold our recycling equipment and it is not budgeted. Ms. Lamb stated she did not want to sit and nit-pie and felt we should move on it now. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 17 Mayor Turville stated that if the Society has 24 months to move onto the site, then Draft 5 should not require the City recycling plant to be moved within one year and he would suggest that the language should state that the City would be off of the property as soon as possible and that the City would not inhibit them fi.om developing the property. Mr. Grant stated that they agree to change paragraph 2 of Draft 5 to allow the City two years to relocate the recycling plant, as long as the Society had room for the Townsend House. Council Members Wolfe and Lamb stated they did not want to pick the Draft 5 apart and wanted to move forward. Mayor Turville stated that Draft 5 was a document that requires the City to perform whether the Historical Society performs or not and if the Society for some reason is unable to perform in the kind of urgency that they aspire to, then the City should not have to relocate the recycling project that quickly. Mr. Turville requested that the agreement reflect the City's willingness to cooperate but not to put a burden on the City. Mr. Turville stated he is very concerned that there is nothing in the agreement relating to time and he knows the Society has every intention of succeeding, however if something did happen, he would like the City protected from giving up all of the very expensive lake front property forever, just to have one building on it. Mayor Turville stated he had no problem with the Village concept but felt the City should be protected as a Village could be construed to be one house. Council Member Brown stated there should be no more delay and in order to help the society raise money to get their Historical Village started the Council should move tonight. Council Member Lamb stated there needed to be some faith in the Society and a lot of people, including herself, have put a lot of time and effort into getting an agreement and stated these two drafts were it and the Council needed to decide tonight. Mayor Turville stated his role in this situation was to do everything he could to protect the Historical Society and also, to protect the interest of the community and the City is CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 18 being asked to sign off on over an acre of lakefront property, to the Historical Society and we need an agreement that will protect the citizens of Clermont in that process. The Draft 5 states that if the Society gets one house moved to the acre of property, they have fulfilled their obligation to the City. Mayor Turville stated that he is not opposed to the Historical Society and in fact thinks it is good for the City and wants it to succeed but he is opposed to this particular Draft 5 agreement and feels the City and Society should continue to work on the language for an Agreement that protects both of them. ~ City Attorney Guthrie stated he concurred that there was very little enforceable obligation imposed on the Society in Draft 5, and there is an argument that by locating one structure on the property within the time frames, the requirements of the Society would be met. Council Member Biddle stated that he did not feel Draft 5 had enforceable language in it to protect the City in the event the Society only moves the Townsend House and never does anything else. A motion was made by Council Member Wolfe and seconded by Council Member Lamb, to approved Draft 5, with the exception that that paragraph two of Draft 5. will be changed to 24 months Council Member Biddle stated that he supports completely the village concept of the Historical Society, but would state that he is concerned with exactly the same issues Mayor Turville is concerned with and that the City Attorney brought forth as concerns. Mr. Biddle stated that he was also very concerned that we do not even have the money in the budget to relocate the recycling plant at this time. Council Member Wolfe expressed his confidence with the people involved in the Historical Society. Mayor Turville asked Mr. Wolfe if he would show less support by saying if in 20 years only one house had been put on the site the property would revert to the City. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 19 Council Member Wolfe responded that it would not be operating as a Historical Society with only one building. Mr. Wolfe stated if that is the case, it reverts to the City. Council Member Lamb stated that in number one, possession and control of the property shall be for as long as the Society continues to operate a historical village and museum. Ms. Lamb continued by saying that in six years if there were five members sitting here and say that there is only one house there and they do not consider that operating a historical village, they have a right to do that. City Manager Saunders stated that if the Council does adopt Draft 5, he would request that the City Council tie in the City's removal of the recycling project with the rehabilitation of the Townsend House so that while the Society is rehabilitating the house, the City would have that same time to move the recycling facilities. Matthew Modica stated that he felt the past administration seemed to have done everything to destroy what the City has and there is finally a group of people who are attempting to do something right, and even if they fail, the City should bend over backwards for these people to try and preserve something. Mr. Modica stated that the City has spent an incredible amount of money on lake front property to accommodate boats and the City should work with this Society to try and preserve something and he felt the City should go out of their way for this group. Rob Berens stated that if the Society failed for any reason, they would not be able to pay their insurance and the property would revert back to the City. Mr. Berens stated he felt there was a need for a Historical Society to preserve history and he is confident that the community will be behind the Society. Elaine Bebe stated she joined the Historical Society because she felt it had a vision of a village on the lakefront to represent Clermont history. Ms. Bebe stated the City had an opportunity to put a reconstruction era home on that property and more uniquely, the home of a black family who has been very prominent in Clermont. Ms. Bebe stated they will be looking for other structures indicative of that era to put on the property. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 20 Aurelia Cole stated that "trust" was very significant fight now. Ms. Cole stated that the Society started on their own, and they need the City to recognize that everyone is in this together and everyone is working for the City and she felt everyone should just vote for this and trust each other to get the job done. A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and approved by roll call vote, that the CiG of Clermont enter into the Agreement as set forth in Draft 5, with the exception that that paragraph two of Drafl 5, will be changed to 24 months. (Mayor Turville opposed.). NEW BUSINESS City Hall Site City Manager Saunders stated the C.T. Hsu & Associates had provided the Council with their analysis of the potential use of the existing hospital for a City Hall at a previous workshop and based on the findings as outlined in the report and the potential costs involved with the hospital site, the recommendation was to reject the hospital as a potential site and direct C.T. Hsu & Associates to continue site analysis for the site adjacent to Jenkins Auditorium for the new City Hall. A motion was made by Council Member Lamb, seconded by Council Member Wolfe, and approved unanimously that the CiG of Clermont focus on the undeveloped site a4iacent to Jenkins Auditorium for the site for a new Ci~. Hall and reject the old hospital as a new CiG Hall site. Interlocai Agreements-Lake County City Manager Saunders stated that there were two Interlocal Agreements with Lake County for recreational funding that required approval. The first Agreement provides for $10,000 of funding for McKinney Park for improvements including the purchase and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 21 construction of picnic tables and benches and the purchase and construction of a fitness trail. The second Agreement provides for a total of $150,000 for assistance in the construction of the Hancock Recreation Facility to be used to aid in the construction of two softball fields, one soccer field, two tennis courts and support facilities such as parking, walkways, landscaping and storm water management. A motion was made b.v Council Member Wol~fe. seconded by Council Member Biddle. and a.~vroved unanimously that the Interlocal Agreement with Lake CounW. regarding McKinney Park for improvements be a.~vroved. A motion was made b~v Council Member Biddle. seconded by Council Member Brown, and approved unanimously that the Interlocal Agreement with Lake Coun~ regarding the Hancock Road Recreational Grant be approved. Proposed Millage City Manager Saunders stated the City is required to report to the property appraisers office a proposed millage rate for next year. He stated that it is necessary to increase our millage by .5 mils in order to fund our conversion from a volunteer fire department to a full time department and one-half mile will generate approximately $165,000 of additional ad valorem revenue for next year. Mr. Saunders stated the proposed millage rate will be included on the advertisements mailed to all property owners within the City along with the date and time of the Public Hearings for the adoption of the millage rate. Mr. Saunders stated these public hearings will be held September 16, 1999 and September 23, 1999. A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and approved unanimously to report to the properw, appraisers office, a proposed millage rate of 3.479 mils for the Ciw. of Clermont. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 22 Engineer Selection Procedure City Manager Saunders stated there were five projects that require engineering services, including the Orange Avenue Cul-de-sac, the School Street water main, the Second street water main, the Central Business District parking and the Waterfront Park boat dock. Mr. Saunders stated that there were 6 engineering firms who submitted and under the Consultants Competitive Negotiation Act, a committee must be formed to look at the submittals, short-list them to at least three and then hear and rank the proposals from the three, and then the City Council can negotiate a price. Mr. Saunders stated that either the Committee or the Council can rank the firms. A motion was made by Council Member Biddle, seconded by Council Member Brown, and approved unanimously to appoint a committee consisting of Ci~ Manager Saunders, Ci~ Engineer Richardson, Public Services Director Davis and Finance Direction Van Zile, to short-list the engineering firms for each project, so that the Ci~ Council can rank the short listed firrns and negotiate a price. Bid Award City Manager Saunders stated that three bids were received for the Center Lane Drainage Project. Mr. Saunders stated the project will eliminate a flooding problem in the area of Center Lane and Waterview Drive. Mr. Saunders stated the project includes the relocation of a water line in order to provide for the necessary storm water facilities and additional inlets. City Manager Saunders stated that staff recommends the low bid from South Marion Underground in the amount of $106, 846.10. A motion was made bv Council Member Biddle, seconded by Council Member Brown, and approved unanimously to accept the low bid from South Marion Underground in the amount of $106, 846.10 for the Center Lane Drainage Project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 23 Plat Approval City Manager Saunders stated Lancaster at Kings Ridge is the next phase of the Kings Ridge project approved approximately three years ago, and this is coming before the City Council for approval of the final plat. A motion was made by Council Member Biddle, seconded by Council Member Brown, and approved unanimously to approve the final plat for Landcaster at Kings Ridge. Boat Docks on Commercial Areas City Manager Saunders state that the Council had previously discussed the issue of boat docks being constructed in the Central Business District. Mr. Saunders stated that property owners of the lakefront property between West Avenue and Eighth Street have requested an interpretation of the City's Codes with regards to the construction of boat docks in this area. Mr. Saunders stated that the City's Comprehensive Plan Policy 2-16 states that commercial activities shall be prohibited from locating in wetlands and 100 year flood plains. Mr. Saunders stated that the previous City Attorney, Leonard Baird stated in his June 7, 1999 opinion that this restriction was not applicable to construction of a dock as an accessory to a commercial use. City Attorney Guthrie stated he reviewed the Comprehensive Plan Policy 2-16, and concurred with previous City Attorney Baird's opinion that a dock is allowed. Mr. Guthrie stated in accordance with the Plan, a dock is a water dependent structure and it itself it not a commercial activity that is licensed separately and therefore is allowed in the existing regulations and the Comprehensive Plan. Mayor Turville stated that it is his understanding that a dock is ancillary. Mr. Turville stated that it was his understanding that the dock in questions will serve as a method of getting to the commercial area, and will not be a commercial area itself, with food or drinks being served on the dock. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 24 City Attorney Guthrie stated that as long as the dock is being used as a walkway or path, you can cross the wetlands in order to get to the water's edge. Mr. Guthrie stated that his opinion is you can have a dock, but the City does regulate commercial activity on the dock. Mayor Turville stated that he understands the environmental uses associated with docks and lack of docks. Mr. Turville stated that the Council should revisit the Conditional Use Permit and make sure that the dock that is allowed there is the kind that is for ancillary use and not a dock that is actively associated with the commercial activity. Mayor Turville stated the Council has been asked to give an opinion as to whether or not the dock is allowed and his opinion is that if the dock is for ancillary use and not commercial use, it is allowed. Mayor Turville stated that from an environmental prospective, people are just beaching their boats now to access the commercial restaurant and areas, and he thinks that is a real negative and a dock would be much better. Council Member Wolfe stated that the City needs to put in its Land Development Regulations that a dock is allowed with a Conditional Use Permit in the Central Business District, to clean this up. City Manager Saunders stated that because this issue was not clear, it has been brought before the Council and a dock has been requested in a Conditional Use Permit, and that Conditional Use Permit was granted. Mr. Saunders stated that at that same time it was discussed that there could not be any commercial activity out on a dock, such as serving food or drinks, because at that point it would become a commercial activity in a wetland. Mr. Saunders stated that the Conditional Use Permit was specific as to how large the dock would be. City Manager Saunders stated that the City Code is clear that a dock cannot be used for a commercial activity and can only be an access to the commercial activity. Council Member Lamb stated she would like the Council to review the Conditional Use Permit that was approved, not to change it, but to look at it and make a decision as to what the dock will be used for. Ms. Lamb stated she still did not know what exactly we were voting on and why this was before the Council, if docks are already allowed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 25 A motion was made by Council Member Biddle to approve the construction of docks in commercial areas for ancilla~, use only, and the motion was seconded by Council Member Wolfe for discussion purposes. Mayor Turville stated that people are going to go to restaurants located on lakefront property and environmentally it is worse if they beach their boats to access the commercial area than if they tie up to a dock. City Attorney Guthrie reiterated that this is an interpretation of the existing code and if you want to change that at a later date, you will have to change the supporting ordinances. Mr. Guthrie stated that separate from that, there seems to be a request that a Conditional Use Permit be pulled and reviewed for it content. Council Member Wolfe withdrew the second and stated he would like to review the Conditional Use Permit before voting. City Manager Saunders stated he would present the Conditional Use Permit for the City Council's review but requested an opinion from the Council advising whether or not if one of the two lakefront property owners that this situation could effect, wants to pull a dock permit to build a dock on their property, can that permit be issued if all other DEP permits are in order and if the dock is going to be for ancillary use. Mayor Turville stated he felt the Council was stating that a dock as an ancillary use is o.k. and if a permit is requesting something other than ancillary use, it is not o.k. City Attorney Guthrie stated that he agreed with Mayor Turville and the Council reserved the power to review conditional use permits and make certain any dock requested was for ancillary use only. Citizens' Comments Matthew Modica stated that he was still concerned about all of the signs that are "junking up" the side of the road. Mr. Modica stated that they are on telephone poles, attached to CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 26 stop signs and he knows they are put out on Friday nights and he wants to know if the Police officers, on Friday nights, can stop the track delivering these signs and putting them up, and see if they are in violation, or have a City employee work on a Saturday to address this problem. City Manager Saunders stated that our Code Enforcement Officer does work many Saturdays and as soon as the signs are removed, within a couple of hours, there are more signs put out. Mr. Saunders stated the people putting these signs out know the codes and know what the Code Enforcement Officer's track looks like and unless we can have someone out there 24 hours a day all weekend, there is no way to keep the signs out. Mr. Saunders stated that a lot of the signs are actually in Lake County and the people putting out these signs are smart and know which pieces of land are in the City and which are in the County and although the City and many citizens have complained to the County, the County does not enforce the ordinance. Mr. Modica stated that the City should raise the fine and enforce it. Joy England stated that it is not difficult to follow the people putting up the signs on Friday nights if you just follow the tracks as they put them out. City Manager Saunders stated that the City has picked all the signs up and had no signs out by midnight on Friday, and by 8:00 a.m. on Saturday morning they are back up. City Attorney Guthrie stated his opinion was that he would not suggest private citizens going out and picking up the signs. Mr. Guthrie stated that a possibility would be to place a fine in our code. Mr. Guthrie stated another possibility would be to use a citation authority so if you catch somebody posting a sign they are issued a citation to appear in CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1999 Page 27 County Court and go through the hassle of having to go to Court and pay a fine. There being no further business or discussion, the meeting adjourned at 10:45 p.m. Harold S. Turville, Jr. Mayor Attest: .~seph ~Clerk