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07-13-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 13, 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 the 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 June 22, 1999. A motion was made by Council Member Wolfe and seconded by Council Member Biddle, and carried unanimously to approve the minutes of the Council Workshop Minutes of May 24, 1999. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that the City has applied for grants for the Hancock Recreation area, which is the next proposed regional park. He stated that the City received notice from the State of Florida, through their Department of Natural Resources, that they have approved our grant request for $100,000.00; and Lake County has also approved our grant request, through their regional park system, to give the City $75,000.00 this year and an additional $75,000.~00 in the next fiscal year, which starts in CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 2 October. City Manager Saunders stated that when we put this money with the money the City Council has either budgeted or appropriated for a match, the City has a total of $425,000.00 now for Hancock Park. City Manager Saunders stated the City appreciates the County's and State's help on this project. City Manager Saunders stated that he has received a request from the Florida Freewheelers, the group that has the "Horrible Hundred" bike ride each year, to stage their event again this year from the Waterfront Park on November 21, 1999, and that the parking fees be waived by the City. Mr. Saunders stated this is the 10th year for this recreational ride and invite all Council Members to participate. Mr. Saunders stated the group contributes 24 bike helmets to the City for our programs through the Police Department and he would request Council approve their request again this year. A motion was made by Council Member Lamb and seconded b.v Council Member Biddle, and carried unanimously to waive the parking fees for the November 21, 1999. for the "Horrible Hundred" bike event and approve the use of the facili~, at the VYater£ront Park. City Manager Saunders stated that a boat was donated to the Fire Department by the Sheriff's Department, however, it had no motor. Mr. Saunders stated that Chief Bishop has located a used 200 HP Mercury motor in very good condition, and the City can purchase the motor for $1,800.00. Mr. Saunders stated the City has the money, which has been saved in this year's Fire Department budget which can be used without a budget amendment. A motion was made b.v Council Member Biddle and seconded by Council Member Brown, and carried unanimousl, v to approve the purchase of the 200 HP Mercu~. motor for the Fire Department's boat. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 3 CITY ATTORNEY GUTHRIE City Attorney Guthrie thanked everyone for their support and stated he looked forward to serving the City of Clermont. FINANCE DIRECTOR VAN ZILE No report. MAYOR TURVILLE No report. COUNCIL MEMBER BIDDLE Mr. Biddle stated that the Clermont Downtown Partnership would like to sponsor a Civil War Reinactment in October and has requested that the Council place their request on the next Council Meeting Agenda. COUNCIL MEMBER BROWN Council Member Brown stated he attended the Florida Commission on Ethics on June 24th and 25th. Mr. Brown stated it was quite educational and he would provide copies of some of the materials to the other Council Members for their information. COUNCIL MEMBER LAMB No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 4 COUNCIL MEMBER WOLFE No report. VISITORS WITH BUSINESS Anne O'Briant 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 Manager Saunders stated the applicant is requesting a variance for a rear yard setback of 16 feet as opposed to the required 25 feet and a side yard setback of 5 feet as opposed to the 71/2 feet required, for an addition to her existing home located at 2000 South Lake Shore Drive. City Clerk Van Zile sworn in the following: Anne O'Briant, 2000 South Lakeshore Drive, Clermont, Florida 34711 Tony Hayes, Maitland, Florida Mr. Hayes explained that the design for the addition to the Applicant's home did not create any additional encroachment. Planning Director Brown stated that this is an existing home and the requested variance does not encroach any further into the setback than the existing structure does and Council has historically granted variances of this type and Staff recommends approval. Council Member Wolfe asked if there had been any complaints by neighbors and Planning Director Brown said the City had not received any complaints. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 5 Council Member Wolfe asked if the variance could be stated to say that there would be no further encroachment than the existing construction, rather than stating a specific amount of feet. City Attorney Guthrie advised that the variance could use a reference to the structure as the determinate that it will not be any greater than the existing setback. A motion was made by Council Member Biddle and seconded by Council Member Lamb. and carried unanimous(v, by roll call vote, to approve the variance with the understanding that the addition to the existing home will not be any greater than the existing setback. Levitt Homes, Inc. Levitt Homes, Inc. requested their variance request be tabled for a second time. A motion was made by Council Member Brown and seconded by Council Member Wol~fe, and carried unanimous(v to table the variance request by Levitt Homes, Inc., and reschedule it for the .lu(v 27. 1999 Council Meeting (time certain). Cecil Schrader 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 Manager Saunders stated the applicant is requesting a variance to allow a 23' wide driveway at 1394 West Lakeshore Drive. Mr. Saunders stated our Code allows either a .single 20' wide driveway or two 10' driveways and that the existing circular driveway has the two 10' cuts allowed under our Code. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 6 City Clerk Van Zile swore in the following: Betty Schrader, 1394 West Lakeshore Drive, Clermont, Florida Bob Schrader, 1394 West Lakeshore Drive, Clermont, Florida Gary Kokaisel, 1416 West Lakeshore Drive, Clermont, Florida Mr. Schrader stated he has a driveway that runs down the side of his house and comes out into the street and also has a circular drive that cuts in front of the house. Mr. Schrader stated that he is requesting a variance to fill in a hole so that he can pull directly off the street directly into the drive and not have a hole sticking out in the middle of the drive on the right hand side. Mr. Schrader stated that it would extend no more than the present line in which the major driveway comes down the side of his house. Planning Director Brown stated that the existing Code for residential driveways allows a single 25 foot wide driveway or two 10 foot wide driveways. Mr. Brown stated that Mr. Schrader already has two 10 foot wide driveways and he is asking to take one of those and expand it to 23 feet. Planning Director Brown stated that the City has not had any other concerns with other driveways constructed to City standards and therefore feels there is no basis to grant the variance and staff is recommending denial of the variance request. Mrs. Schrader stated that the driveway situation has been a source of frustration to her for almost 10 years. Mrs. Schrader stated that when they put the driveway in, they had a representative from the City there to approve it and several days later someone else from the City came by and told them the driveway had to be cut out. Mrs. Schrader stated the cut out portion looks bad and reduces the value of their property as well as their neighbor's property. Gary Kokaisel stated he is a neighbor of Mr. and Mrs. Schrader's and he has no objection to their widening their driveway and felt it would look better and make access to the property easier. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 7 Council Member Lamb stated that she felt the "chunk" cut out of the drive looked bad and she felt it was dangerous. Council Member Wolfe stated that connecting the drives would allow them to use the circular drive as well as the drive going up to their garage. Council Member Brown stated that the adjoining property owners had no objection, the variance should be granted. A motion was made by Council Member Lamb and seconded by Council Member Biddle, and carried unanimously, by roll call vote, to grant the variance to allow their extended area for the driveway. UNFINISHED BUSINESS City Attorney Proposed Agreement City Manager Saunders stated that the proposed Agreement for Legal Services submitted to the City by Robert D. Guthrie of the law firm of Frank Kruppenbacher, P.A. does summarize the services and fees for those services that was discussed with the Council in the past and stated the Staff would recommend the Council move ahead with their part of the contract. A motion was made by Council Member Wolfe, and seconded by Council Member Lamb, and carried with a four to one .,~ vote, to enter into the presented Agreement for Legal Services with Robert D. Guthrie. (Council Member Biddle opposed). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 8 NEW BUSINESS Historical Society Mayor Turville stated the Council had two drafts of an Agreement for review, and at the beginning of the Council Meeting had received another draft from Jim Grant, President of the Historical Society. Mayor Turville stated that the Council had not had an opportunity to review the Society's new proposed Agreement. Council Member Wolfe requested that Mr. Grant advise the Council of the changes in the new proposed Agreement and Council Members Brown and Lamb stated that they would like to hear what the changes are so the Council can move on this immediately. Mr. Grant stated that regarding the draft Agreement given to the Council tonight, the only thing that needed to be discussed was the lease of the land from the City for $1.00 per year, for as long as the Society is in existence, in order to have a place for the Historic Village and Museum. Mr. Grant reviewed the proposed Agreement in total. Mr. Grant stated that phase one of the project would be to move the Townsend House and that the Society would take full responsibility to move and restore the Townsend House. Mr. Grant stated that since the Society was obviously not going to make use of the whole piece of property at one time, they would, in the interim, use the land for a park and recreational area for adults and senior citizens and the Society would landscape the property for that use. Mr. Grant stated the Society would like a lease on the property tonight. Mr. Grant stated that in order to solicit funds for the project, the entire property site needed to be in the Society's possession, at least with a long-term lease. Mayor Turville stated he had a concern regarding paragraph 2 which states that the City will make the entire parcel available within one year. Mr. Turville stated that right now the site still houses the Recycling Operation and finding a new home for that will not be a free exercise on behalf of the community. Mayor Turville suggested that the City make a site available to put the Townsend House on, in a location that will allow future expansion for the Society. Mayor Turville's other concern is the Society using the space for a park, as he did not feel it would be safe while moving, construction and relocations CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 9 were going on. Mr. Turville requested the Council review the Staff's proposed Agreement which provides a location for the Townsend House now and anticipates there being more buildings, but does not obligate the City to abandon the property completely without regard to what may occur along the way. Mayor Turville stated the City draft also provides that the Society is going to take care of the site and provide insurance. Mayor Turville stated the City's draft provides land to the Society and insures the City's exposure is limited while honoring its intent to the Society. Mayor Turville reminded the Council that the City has not adopted its budget yet and cannot commit to moving the Recycling operation within a year. Council Member Lamb stated she felt there was an agreement everyone could live with and she did not want the Society to walk away with nothing. Council Member Wolfe stated he felt a park would be a good use while all of the property is not being used for the Village and Museum and the Society could agree to provide insurance. Mr. Wolfe stated he knows the Historical Society has a wide range of support throughout the community and in order to get substantial donations of funds, the citizens giving those donations need to be assured that the Historic Village has a location. Ken Norquist stated that he supports the Historical Society and this project and would like the City and Society to work together to assure that the land will be available to the Society for additional growth in the future. Mr. Norquist also suggested that restrooms be put in the plans. Additional discussion was had by all Council Members, Staff, Mr. Grant and City Attorney Guthrie and City Manager Saunders suggested that he, City Attorney Guthrie and Mr. Grant meet next week and try to work out an Agreement that will work for everyone. A motion was made by Council Member Biddle. seconded by Council Member Lamb. and carried unanimously, to table the Agreement until the next Ci~ Council Meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 10 Cemetery Rules Changes Mayor Turville stated that a request has been made to amend the Cemetery Rules to allow two markers on a single burial space. City Manager Saunders said the City has had several requests regarding this. Mr. Saunders stated that in some cases we have a burial and a cremation interment on the same site and this revision would allow for an additional marker under these circumstances. A motion was made by Council Member Wolfe, seconded by Council Member Biddle and carried unanimously, to amend the Cemete~ Rules with regards to MEMORIALS. 2, which shall read as follows: "Two grave memorials may be installed on a single grave space. Location is subject to approval of the Ci~, and must meet all other minimum reauirements. " Skyridge Valley City Manager Saunders stated that at the time that Citrus Tower Boulevard was constructed the Fosgate Company provided right-of-way to the city which included an area for a retention pond with the understanding that at some future date when the property was developed, a larger retention pond that would handle the road runoff as well as runoff for the developed property could be provided at another location in which case the City would release the retention pond area back to the owners. A new retention area has been provided for by the developers and has been shown on the approved plat of the area. A motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously, to approve the Quit Claim Deed transferring the retention pond back to Centex Homes. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 11 Bid Awards City Manager Saunders stated there were two bid awards as follows: Water Meter Test Bench: City Manager S aunders stated that $8,914.00 was included in this year's budget for a Water Meter Test Bench. 'The City received three bids for this equipment, the low bid being $6,048.80 from U.S. Filter and the City is requesting approval of the low bid. A motion was made by Council Member Brown: seconded b~v Council Member Biddle and carried unanimously, to a~t~rove the bid award to the low bidder. U.S. Filter in the amount q£ $6.048.80. Sewer Line Cleaning: City Manager Saunders stated that on Monday, July 12, 1999, the City opened the bids for our sewer line cleaning project and of the eleven bids received, the Staff is requesting approval of the low bid from H20 Utility Service, Inc. in the amount of $17,633.58. Mr. Saunders stated that $20,000.00 had been budgeted for this project. A motion was made by Council Member Wolfe, seconded by Council Member Biddle and carried unanimously, to approve the bid award to the low bidder, H20 Utili~ Service, Inc. in the amount of $17, 633.58. Election Proclamation Mayor Turville explained that the Mayor is required to issue an Election Proclamation which announces the upcoming election for seat numbers II and IV. Mr. Turville stated CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 13, 1999 Page 12 the qualifying dates for the upcoming election are August 9, 1999 through August 13, 1999 and then read the City of Clermont Mayor's Proclamation. Citizens' Comments City Manager Saunders explained, at a citizen's request, that a Water Meter Test Bench is a piece of equipment that tests water meters so that when the meter is hooked up you can make sure it is calibrated correctly and is operating correctly. There being no further business or discussion, the meeting adjourned at 9:15 p.m. HaroldS. Turville, Jr.'l~ayor Attest: ~oseph ~Clerk