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03-23-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, March 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 Brown, Council Member Lamb and Council Member Wolfe. Other City officials present were City Manager Saunders, City Attorney Baird, Planner Director Harker, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Brown followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES 99-066 .4 motion was made b_F Council Member Wolfe, seconded by Council Member Biddle, and carried unanimous!¥ to approve the minutes of the regular Council Meeting hem March 9, 1999. CITY MANAGER SAUNDERS' REPORT Generator Replacement for E-5 Lift Station City Manager Saunders stated that in accordance with the discussion at the last Workshop, a gasoline generator to replace a diesel generator will correct an emissions problem at the E-5 lift station will be approximately $33,000 in addition to what is currently budgeted. 99-067 .4 motion was made bp Council Member Biddle, seconded bp Council Member Brown, and carried unanimousl_¥ to approve an additional $33,000 to purchase a gasoline generator to replace a diese'l generator at the E-5 lift station. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 2 Evaluation and Appraisal Report City Manager Saunders stated that in order to meet the time frames so that the Planning and Zoning Commission and the Council can review the Evaluation and Appraisal Report before forwarding to the Department of Community Affairs, he recommended the Transportation Analysis section be done by an outside agency. Three quotes were received, with the low quote from Transportation Consulting Group in the amount of $1,800 who can finish the project by April 2. 99-068 A motion was made bY Council Member Wolfe, seconded bY Council Member Lamb and carried unanimousl_¥ to approge the Transportation Consulting Group to do the Transportation Section of the Evaluation and Appraisal Report_for $1,800. Rails to Trails City Manager Saunders stated that the Department of Transportation officially accepted the Rails to Trails improvements and recently delivered the keys to the City. He recommended that a ribbon cutting ceremony be held at the Trailhead in conjunction with Springfest held in Downtown Clermont on April 10. 99-069 A motion was made bY Council Member Biddle, seconded bY Council Member Brown, and carried unanimously to hold a ribbon-cutting ceremony Officiall_¥ opening the Clermont Rail to Trail at the Clermont Trailhead on Saturd~_ , April 10 at 9:00 a.m. McKinney Park Dedication City Manager Saunders invited everyone present to attend the McKinney Park dedication to be held Saturday, March 27 at 10:00 a.m. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 3 CITY ATTORNEY BAIRD'S REPORT Sherman and Delores Isom Subordination Agreement City Attorney Baird stated that Sherman and Delores Isom have requested a subordin- ation agreement for a Community Development Block Grant mortgage to refinance their · first mortgage to make additional improvements. He recommended approval. Council Member Brown stated the Isoms are relatives and he will abstain from voting. 99-070 A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously with Council Member Brown abstaining, to subordinate the Sherman and Delores Isom Communi~ Development Block Grant mortgage. MAYOR TURVILLE'S REPORT Kings Ridge Garbage Collection Mayor Turville stated he received another telephone call about South Lake Refuse garbage trucks leaking hydraulic fuel. City Manager Saunders stated he was assured by them that they were not using faulty equipment and he will talk with them again. COUNCIL MEMBER BIDDLE'S REPORT Springfest Street Closing April 3 Council Member Biddle stated that the Downtown Partnership is requesting that Montrose Street from the east side of West Avenue to the west side of 7 th Street be closed for Springfest events on Saturday, April 3. 99-071 .4 motion was made bY Council Member Biddle, seconded bY Council Member Brown, and carried unanimously to approve closing Montrose CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 4 Street_from the east side of West Avenue to the west side of 7th Street on Saturday, April 3 for Springfest activities. Downtown Clermont Streetscape Council Member Biddle reported that the South Lake Area Chamber of Commerce in conjunction with the Downtown Partnership requested a matching grant to the South Lake County Foundation. He stated that last week they met their $5,000 matching grant and plan on moving ahead in getting the streetscape done. A tour of other cities who have had streetscape projects will be taken. St. Johns River Water Cleanup Council Member Biddle reported that the annual St. Johns River Water Cleanup was held last Saturday and 456 volunteers at 56 sites removed 23,000 lbs. of trash in Lake County. He commented that 60 volunteers were South Lake High School students. S.R. 50 Traffic Council Member Biddle asked if track using S.R. 50 can be restricted to the right lane. City Manager Saunders stated he will ask the Department of Transportation if 6-wheel vehicles can be restricted to the right lane. COUNCIL MEMBER BROWN'S REPORT Center Lake Aquatic Planting Council Member Brown asked about the aquatic planting scheduled for Center Lake. City Manager Saunders stated that the lake was scheduled to be planted in late March. He stated that Aquagenix was awarded the contract and they killed the weeds last fall. It was too late in the year to plant, however, they have recently been in contact and stated that they will be planting next week. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 5 COUNCIL MEMBER WOLFE'S REPORT McKinney Park Dedication Council Member Wolfe invited everyone present to attend the McKinney Park dedication on Saturday, March 27 at 10:00 a.m. VISITORS WITH BUSINESS South Lake County Foundation - Pig on the Pond Festival Keith Hogan, representing the South Lake County Community Foundation requested use of the Waterfront Park from Thursday, November 11 to Sunday, November 14 for the 2"a annual Pig on the Pond festival. He stated that last year was the first year the festival was held and they expect it to be much larger this year. They expect 20-25 cookers rather than 16 that entered in 1998 and they plan more events this year. Council Member Biddle expressed concern with the requested beer garden. Mr. Hogan stated they will have a centralized location for the beer garden. He stated they will hire outside security personnel and have $2 million of liability insurance. He also stated that the music will end by 11:00 p.m. 99-072 A motion was made bY Council Member Lamb, seconded bY Council Member Wolfe, and carried unanimously to approve the 2 ,a annual Pig on the Pond Festival at the Clermont Waterfront Park_from November 11 to November 14for the South Lake County Community Foundation. Orlando Regional Sports & Health John Moore of the Orlando Regional Sports and Health group requested use of the Waterfront Park for three events of the National Senior Games on October 25-27 for a triathlon, cycling time trials and cycling road race. CFT Sommer Sports and Lake County Sheriff's Office will both be participating in this event. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 6 Mr. Moore also requested that parking fees be waived. City Manager Saunders stated that a flat fee of $250 is the usual charge for events of this type. 99-073 A motion was made by Council Member Biddle, seconded by Council Member BroWn, and carried unanimously to approve the use of the Waterfront Park to the Orlando Regional Sports and Health group _for three events of the National Senior Games on October 25 through October 27, and a flat fee of $250_for parking. Clermont Bible Church - Resolution 1056 Mayor Turville stated that the request will require a Quasi Judicial hearing and stated that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in John Beckemeyer, 1105 Autumn Leaf Drive, Winter Garden. Mr. Beckemeyer stated they are requesting an extension to keep the Clermont Bible Church at 664 W. Montrose Street for an additional three years. He stated they have made many improvements to the exterior and interior. City Manager Saunders stated that the request is for a Conditional Use Permit to amend an existing Conditional Use Permit to allow the continued operation of a church in the Central Business District at 664 W. Montrose Street for an additional three years at the site. He stated that the Planning and Zoning Commission and the staff have recommended approval with conditions as stated in Resolution 1056. Mayor Turville read Resolution 1056 by title only. 99-074 A motion was made by Council Member Brown, seconded by Council Member Lamb, and carried unanimously to adopt Resolution 1056 by roll call vote allowing the Clermont Bible Church to remain at 664 W. Montrose Street_for three additional years. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 7 Lee Dobson - Resolution 1057 Mayor Turville read Resolution 1057 by title only and stated that the request requires that 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 Lee Dobson, 11621 Grand Bay Blvd., Clermont. City Manager Saunders stated that Mr. Dobson is requesting approval for the establishment of a temporary church in an existing shopping center located on the north side of S.R. 50 approximately 200' west of Lake Avenue. He pointed out that Condition #4 allows for the rescinding of this Conditional Use Permit if parking becomes a problem. The Conditional Use Permit would be for a period of two years and services would be held at times that other uses of the small center would be closed. The Planning and Zoning Commission and staff recommend approval of the request. 99-075 ~1 motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimous!¥ by roll call vote to adopt Resolution 1057 approving the establishment o£a temporal_ church at 642 W. $.R. 50. Arianas Day Care - Resolution 1058 City Manager Saunders stated that the Planning and Zoning Commission tabled the request at their meeting requesting revisions to the site plan. He recommended that Council also table the request until the Planning and Zoning Commission has made their recommendation. He stated that this request is for an amendment to the existing Conditional Use Permit in order to allow an expansion of the day care center located at 191 W. Broome Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 8 99-076 · A motion was made bY Council Member Lamb, seconded bY Council Member Brown, and carried unanimous!¥ to table Resolution 1058 until the Planning & Zoning Commission has made recommendations to the Ci~ Council. South Lake Hospital - Resolution 1059 City Manager Saunders stated that South Lake Hospital is requesting a Conditional Use Permit for a Planned Unit Development mending their original approval to allow for the construction of a Wellness Center and the National Training Center. Mayor Turville read Resolution 1059 by title only and stated that the request requires that 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: JeffDuke Karl Mercurio John Moore 11634 Audubon Lane, Clermont 1531 Clover Drive, Sarasota. 11129 Sunset Avenue, Clermont Karl Mercurio stated that the complex will amend the current Conditional Use Permit in order to add the Wellness Center which will include physical therapy, fitness training, child care facilities, diagnostic facility, physician office space, community education rooms, offices for USA Triathlon, and the Hospital Foundation. Additional facilities will include a pool complex, athletic fields, track, tennis courts, fitness coarse, bike trail, field house, athletic dormitories, and administrative facilities. City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval of the request with the conditions outlined in Resolution 1059. 99-077 A motion was made by Council Member Biddle, seconded by Council Member Brown, and carried unanimous!¥ by roll call vote to adopt Resolution 1059. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 9 UNFINISHED BUSINESS Developer's Agreement City Manager Saunders stated the Development Agreement was discussed at a previous Workshop which is provided in conjunction with the next item on the agenda which is Ordinance 377-M, a small scale Comprehensive Plan amendment. It was the consensus of the Council at the Workshop meeting when the Sonny's Barbeque Restaurant was reviewed that a small scale amendment would probably be acceptable as long as a developer's agreement could be provided limiting the use of the highway frontage portion of the total parcel. City Manager Saunders explained that the agreement relates to the development of approximately 3.1 acres of the total 9 acre site which lies on the south side of S.R. 50 west of Citrus Tower Boulevard and limits the use of the property to either a restaurant, professional office, bank facility, or limited retail. He stated that the small scale amendment that follows allows for commercial use, however, it is the intent to amend this total area to a mixed use land use category later in the year when the Comprehensive Plan amendment process is completed. This interim step will allow the restaurant to move ahead with their plans, but will limit the use of the property to the specific uses stated. He recommended approval. Rod Reese, 95 Moss Lane, Winter Park offered to answer any questions. 99-078 ,4 motion was made bP Council Member Biddle, seconded bp Council Member Lamb, and carried unanimously to approve the Developer's ,4greement for 3.1 acres on the south side ofS. R. 50 west Of Citrus Tower Boulevard with Rod Reese for Sonn¥'s Barbeque. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 10 Final Reading of Ordinance 377-M - Small Scale Comprehensive Plan Amendments City Manager Saunders stated that Ordinance 377-M includes two Small Scale Comprehensive Plan Amendments that were discussed with the City Council at the retreat held Friday, January 22. He stated that Amendment # 1 is being requested by the Chester Fosgate Company and is for approximately 6 acres of vacant land located north of S.R. 50, east of Hancock Road. He explained that this is a triangular piece of property that lies on the north side of a larger commercial parcel which remained after the Levitt Homes property boundaries were determined for the Summit Green development. He stated that Amendment #2 is for an approximate 3.1 acre parcel located on the south side of S.R. 50 approximately 800' west of the intersection of S.R. 50 and Citrus Tower Boulevard. The property is zoned R-3 and allowable uses are residential and professional. He explained that the Small Scale Amendment will allow commercial use on the northern 3.1 acres of a larger 9 acre parcel and the developer's agreement will limit development on this site to the specific uses listed in the agreement. Mayor Turville read Ordinance 377-M by title only and opened the public hearing. City Manager Saunders stated that the Planning and Zoning Commission and the staff are recommending approval of this amendment. 99-079 .4 motion was made by Council Member Biddle, seconded b_v Council Member Brown, and carried unanimousl_¥ bP roll call vote to adopt Ordinance 377-M. NEW BUSINESS Fire Department City Manager Saunders stated that the proposal to hire a full-time Fire Chief starting as early as April 1 and three Fire Fighters and one Fire Fighter/Inspector to commence work July 1 was discussed at the last workshop. He reviewed a summary prepared by Finance Director Van Zile showing the associated costs for the remainder of this year and the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 11 annual costs that we would be required to budget for next year. He stated that this schedule is modified from what was presented to the Council to leave the $5,000 in this year's budget for the fire consultant whereas before we allocated that money to help fund the remainder of this year's costs. City Manager Saunders recommended an additional modification to eliminate the part- time volunteer Deputy Fire Chief position and assigning a rank of Lieutenant to the Fire Fighter Inspector position to provide for supervision in the event that the Fire Chief is not available which he stated will save additional dollars this year and in the future. He stated that the additional funds needed for this fiscal year to implement the full-time staffing would be $23,300 which could be allocated from General Fund Reserves. The estimated total cost for the next fiscal year is $207,200 which is $160,500 above thc current year's appropriation.. Council Member Brown agreed that it is time to move ahead with a full-time Fire Department and that he didn't see a need to look any further for a well-qualified fire chief than Chief Carle Bishop who has served for 29 years on the Clermont Fire Department. Council Member Biddle stated he believed it is time to go with a full-time department and supported hiring Chief Bishop. 9 9- 0.80 =. A motion was made bP Council Member Wolfe, seconded bp Council Member Lamb and carried unanimous!¥ to make the necessa~ budget changes so that a full-time fire chief can be hired April 1 and 3 fire_fighters and one_fire fighter/inspector on July 1. Council Member Brown asked if we now have a Fire Chief. City Manager Saunders stated that it is his intent to retain Chief Bishop as Clermont's first full-time Chief. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 12 Introduction of Ordinance 292-C Mayor Turville read Ordinance 292-C by title only and stated the public hearing will be held April 13. City Manager Saunders stated the ordinance will limit the size of a single establishment to a maximum of 100,000 square feet and will also limit any wholesale facility that may be located in the manufacturing and light manufacturing zone to 100,000 square feet. Introduction of Ordinance 375-M Mayor Turville read Ordinance 375-M by title only and stated the public hearing will be held April 13. City Manager Saunders stated the ordinance will close and abandon an un-named 15' right-of-way nmning north from North Ridge Boulevard through Tracts 4 and 13 which runs along the western boundary of the proposed Skyview Subdivision. City Manager Saunders stated that a new aligned right-of-way is proposed that will allow for a future colmeetion from North Ridge Boulevard to Citrus Tower Boulevard. He explained that staff recommends introduction at this poim in time, however, we do not recommend final approval until the new right-of-way has been either platted or dedicated to the City. Introduction of Ordinance 379-M Mayor Turville read Ordinance 379-M by title only and stated the public hearing will be held April 13. City Manager Saunders stated that this Ordinance will close a portion of Drew Street south of Broome Street. He explained that this is portion of Drew Street lies north of Highland Avenue between a new office being constructed by Dr. Saxena and the existing Merrill Insurance Office and the right-of-way north of this section has been previously CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 23, 1999 Page 13 been closed. He stated that the City would still maintain an easement for ingress, egress, and utilities. There being no further business or discussion, the meeting adjourned at 8:56 p.m. Attest: ~q'~old S. Turville, Jr. Mayor r~J~seph E. Van Zi~, City Clerk