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02-23-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING 'FEBRUARY 23, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 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, Planning Director Harker, Principal Planner Brown, 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 99-042 A motion was made bY Council Member Wolfe, seconded by Council Member Lamb, and carried unanimous!¥ to approve the minutes Of the regular Council Meeting hem Februar~ 9, 1999 with Council Member Wolfe rather than Mayor Turville reporting on the Lincoln Park Task Force on Page 3. CITY MANAGER SAUNDERS' REPORT Fire Station at Kings Ridge City Manager Saunders reported that he and Fire Chief Bishop met with the architect and representatives of Kings Ridge to review plans for the new fire station at Kings Ridge. He stated the plans were almost complete. Fire Station on S.R. 50 City Manager Saunders stated that SRI Architects are working on the plans for the main fire station on S.R. 50. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 23, 1999 Page 2 Council Workshop Council Members agreed to schedule a Workshop to review the Fire Department and the Historic Society on March 2 at 6:00 p.m. at the Police Department Community Room. Ballfield Use City Manager Saunders reported that a solution has been found to help resolve the ballfield problems which is to take out some of the infield grass at Bishop Field. The Little League will pay for the changes. Council Members were in agreement with this change. Matt Modica stated he originally favored this revision but was now opposed. City Manager Saunders stated that a Park and Recreation Coordinator will be reviewing the field use continuously. Council Member Biddle reported that he was asked to get involved this year and he is glad the groups were able to find a solution. MAYOR TURVILLE'S REPORT Kings Ridge Garbage Trucks Mayor Turville reported that he had two telephone calls regarding garbage trucks leaking oil at Kings Ridge. City Manager Saunders stated he had been assured by the private that the problem truck has been taken off the road. Noise Ordinance Mayor Turville asked about the City's noise ordinance. City Manager Saunders stated the current noise ordinance is quite vague as it does not refer to decibel level, only the reference to loud and obnoxious noise. Mayor Turville suggested that citizens should contact the Council Members if they want the ordinance to be reviewed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 23, 1999 Page 3 COUNCIL MEMBER LAMB'S REPORT Council Member Lamb reported that she attended a recent Lake County League of Cities meeting and they voted to write a letter to the County Commissioners to not support an increase in the gas tax. They prefer to continue the half cent sales tax. She explained that the League members believe there is inequity in distribution of the gas tax. World Class Schools Herman Gaither, Superintendent of Schools from Buford, S.C. will be speaking about education on March 4 at 7:00 p.m. in the Round Courthouse in Tavares. All are invited to attend. COUNCIL MEMBER BROWN'S REPORT Council Member Brown reported that Opal Bailey has contacted him about allowing two or three open air sales per year. He stated she is aware that the Citrus Tower has received extra open air sales. City Manager Saunders stated that open air sales are scheduled to be reviewed as an item to include on the Land Development Regulations amendments. He stated he will give her a call. VISITORS WITH BUSINESS Mary Jackson, Events Unlimited Mary Jackson of Events Unlimited stated that March 20 is the scheduled date for the Waterway Cleanup with target sites this year being Lake Minneola and Lake Susan. They would like to use the Waterfront Park Pavilion to coordinate the cleanup teams and allow placement of two dumpsters in the Waterfront Park parking lot fi'om March 19 to March 22 and to waive the parking fees for Saturday, March 20. 99-043 .4 motion was made by Council Member Biddle, seconded by Council Member Brown, and carried unanimous!¥ to approve the use Of the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 23, 1999 Page 4 Water[~ont Park to the St. Johns River Water Management waterway cleanup, allowing the placement o_f two dumpsters_from March 19 to March 22 and waiving parking fees on March 20. Mary Jackson stated that the annual Business Expo and SpringFest is scheduled for April 10. She requested approval of a banner on Montrose Street at 8 th Street and temporary signage at Center Lake. 99-044 ~4 motion was made bY Council Member Wolfe, seconded bY Council Member Lamb, and carried unanimous!¥ to approve the placement ora banner on Montrose Street at 8tn Street and temporal, signage at Center Lake_for the ~4pril 10 Business Expo and SpringFest. Dal-Don Produce - Variance Request Mayor Turville stated that the variance request to allow a travel trailer to be placed on the commercial property at 1959 Highway 27 requires a Quasi-Judicial hearing and that anyone wishing to speak in favor or in opposition to the request should be sworn in. City Clerk Van Zile swore in Jane Jones, 1111 Lakeview Drive, Clermont, and Bill Rauch, 2240 Lakeview Drive, Clermont. City Manager Saunders stated that the intent would be for a couple to live in this travel trailer which would provide a night watchman situation to help deter break-ins and loss of produce and equipment. Jane Jones stated that the camper would be used for a security guard who also helps load trucks at the site late at night. She stated it will be hooked to water and septic tank. Bill Rauch stated he is President of the Lakeview Hills Home Owners Association and they are in favor of the request. He explained that the notice they received was addressed to the Lakeview Hills Woman's Association rather than the Home Owners Association and that Tract A faces Highway 27. City Manager Saunders stated that this request is another one of the proposed amend- ments to the Land Development Regulations. He explained that the location was remote and staff recommend approval of the request. Mayor Turville closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY :23, 1999 Page 5 Mayor Turville expressed concern that the request is to allow a camper to be used, not a mobile home and that it will set a precedent. Council Member Lamb was concerned because the request is not temporary. City Attorney Baird stated that a time limit can be placed on it and it can be reviewed annually. 99-045 ~4 motion was made bY Council Member Wolfe, seconded by Council Member Lamb, and carried unanimousl_¥ to table the Dal-Don Produc$ variance request to allow a camper on the Highway 27property to be used bY a securiN guard until after the review of the Land Development Regulation changes. New Horizons Church - Resolution 1051 Mayor Turville read P~esolution 1051 by title only. City Manager Saunders stated that the applicant is requestin~ a Conditional Use Permit to establish a temporary church at the existing Woman's Club located at 655 W. Broome Street for a period of one year. Mayor Turville 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 Dr. Richard Tindall, 11103 Mandarin Drive, Clermont. Dr. Tindall stated that he is pastor of a small congregation and that granting the request would allow them to grow and raise the funds to find a larger building. City Manager Saunders stated that similar temporary churches have been allowed to operate out of this facility in the past. He stated that the Methodist Church owns the grass parking lot adjacent to the Woman's Club and have agreed parking can occur on this lot. The Planning and Zoning Commission and staff recommend approval. Mayor Turville closed the public hearing. 99-046 ~4 motion was made b_¥ Council Member Lamb, seconded b_¥ Council Member Biddle, and carried unanimous[¥ b_¥ roll call vote to adopt Resolution 1051 allowing the New Horizons Church to use the Woman's Club at 655 W. Broome Street for one ?ear. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 2:3, 1999 Page 6 Droor & Associates, Resolution 1052 Mayor Turville read Resolution 1052 by title only. City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to establish an unmanned equipment building for fiber optics at the southwest comer of Broome Street and Lake Avenue. Mayor Turville 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 Noel Droor 518 N. Wickham Road, Melbourne, and Joe Pinckney, 2251 Lucien Way, Maitland Noel Droor stated that they plan to build a 1,200 square foot building which will contain fiber optics equipment for Time Warner Communications. City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval. Mayor Turville closed the public hearing. Mayor Turville stated his concern is that the building will not increase property values in the area. Planning Director Harker stated that the property is zoned C-1 Light Commercial and surrounding property includes C-1 to the south, east and west and vacant land zoned R-3 residential/professional to the north. City Manager Saunders stated that Condition #5 should be clarified to prohibit any antennas or dishes. 99-047 A motion was made bY Council Member Lamb, seconded by Council Member Biddle, and carried three to two bY roll call vote with Council Member Brown and Mayor Turville voting nay to adopt Resolution 1052 for a Conditional Use Permit to establish an unmanned equipment building for a fiber optics switchingfacili~ for Time Warner Communications at the southwest corner of Broome Street and Lake Avenue (C-l) with the addition to Condition #5 prohibiting an_¥ antennas or satellite dishes. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 23, 1999 Page 7 UNFINISHED BUSINESS Contract Approval - C.T. Hsu City Manager Saunders stated that in accordance with the Council's instruction to include the analysis of the Hospital building, he met with representatives ofC.T. Hsu, Architects and Hospital representatives and conducted a complete walk-through of the building last week. Earlier this week the Hospital provided blueprints for the building. City Manager Saunders stated that C.T. Hsu has submitted a proposal for a space needs analysis and site analysis for a new City Hall in the amount of $37,250. A second proposal is for a complete review of the hospital facility in the amount of $9,850. He recommended approval. 99-048 A motion was made bY Council Member Lamb, seconded bP Council Member Wolfe, and carried unanimousl_¥ to approve an agreement with C.T. Hsu for a space needs analysis and site anal_¥sis_for a new Cit~ Hall in the amount 0f$37,250 and an agreement for $9,850_for a complete review of the hospital facili~_ . Final Reading of Ordinance 291-C Mayor Turville read Ordinance 291-C by title only and stated this was the final reading and public hearing. City Manager Saunders stated that Ordinance 291-C will remove existing submittal times from our Code of Ordinances for various items such as Condi- tional Use Permits and allow the City Council to establish different submittal times. He explained that the current time-frames do not allow the staff or the Council adequate time to review projects before making recommendations or decisions. He stated that next item on the agenda, Resolution 1050, stipulates the times for all submittals. 99- 049 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously by roll call vote to adopt Ordinance 291-C removing existing submittal times. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 23, 1999 Page 8 NEW BUSINESS Resolution 1050 Mayor Turville read Resolution 1050 by title only and opened the public hearing. City Manager Saunders stated that Resolution 1050 will establish minimum submittal times for various applications made to the City. He stated this will provide staff and Council with additional time to review projects prior to making recommendations and having the public hearing. 99-050 A motion was made bP Council Member Biddle, seconded by Council Member Brown, and carried unanimousl_¥ by roll call vote to adopt Resolution 1050, establishing minimum submittal times for various applications made to the Ci_t¥. Developer's Agreement - Fosgate Co. City Manager Saunders stated he has been working closely with Daryl Carter of the Chester Fosgate Co., Lake County, Lake Sumter Community College, and the Department of Transportation regarding the northern extension of Hancock Road that will provide access to Lake Sumter Community College and continue north to Old Highway 50. Additional right-of-way is required along Hancock Road from the Carters in order to construct this section of road. He stated that in return for the donation and dedication of the additional right-of-way, the Agreement gives assurances that the driveway cuts to the Carter's parcel located on the northeast comer of Highway 50 and Hancock Road will be available at the time of development. City Manager Saunders stated that DOT, Lake County, and City staff are all in agreement with the locations of the proposed access points. He recommended approval of the agreement and explained that the right-of-way dedication is critical to the College since this road is the only access to their site and construction needs to start immediately in order to meet their August opening date. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 23, 1999 Page 9 99-05.~ ~4 motion was made by Council Member Biddle, seconded bY Council Member Brown, and carried unanimously to approve the Developer's /tgreement with Chester Fosgate Company granting easements for the northern section Of Hancock Road, and assurances Of access granted_for Chester Fosgate Co. proper_t¥. Introduction of Ordinance 378-M Mayor Turville read Ordinance 378-M by title only and stated that the final reading and public hearing will be held on March 9. City Manager Saunders stated that this Ordinance is a request by the First United Methodist Church to close and abandon that portion of Broome Street lying east of 8~ Street and west of 7th Street. He explained that the Church owns both sides of this street and they have a conceptual site plan for future improvements to the Church facilities that would necessitate the closing of this street. Resolution 1055 Finance Director Van Zile read Resolution 1055 by title only. He explained that this Resolution will authorize the City to obtain a line of credit which will be used in the future for the construction of the new Fire Station and preliminary costs associated with a new City Hall. He stated that he has negotiated a three-year temporary loan with First Union Bank for a $2 million line of credit. He recommended approval. Council Member Lamb asked if fire impact fee funds will be used for the fire station. Finance Director Van Zile stated that approximately $25,000 is received annually in fire impact fees, and that amount is usually spent on fire department equipment. 99-05,2.., · .4 motion was made bY Council Member Brown, seconded b_¥ Council Member Biddle, and carried unanimousl_¥ by roll call vote to adopt Resolution 1055 authorizing the City to obtain a $2 million line Of credit _for the construction of the new Fire Station and preliminarv costs ora new City Hall. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 23, 1999 Page 10 Bid Award - Kehlor Park Tennis Courts and McKinney Park Basketball Courts City Manager Saunders stated that three bids were received for the resurfacing of the two basketball courts at McKinney Park and the two tennis courts at Kehlor Park, as follows: Base: McKinne¥ Park Base: Kehlor Park Nidy Company Varsity Tennis Courts, Inc. Premier Tennis Courts 5,220 4,150 5,477 3,777 6,600 7,015 City Manager Saunders recommended splitting the bid, awarding Nidy Company the resurfacing of the two basketball courts at McKinney Park for $5,220 and Varsity Tennis Courts, Inc. the resurfacing of the two tennis courts at Kehlor Park for $3,777. 99;95'3,. A'motion was made bY Council Member Wolfe, seconded bY Council Member Biddle, and carried unanimously to award Nid¥ Company the resurfacing of the two basketball courts at McKinne¥ Park for $5,220 and Varsi_ty Tennis Courts, Inc. the resurfacing of the two tennis courts at Kehlor Parkfor $3,777. Change Orders - 12th Street Driveway and DeSoto Street Drainage City Manager Saunders stated that Change Order #2 is for a reduction in the contract price for the 12th Street driveway project to the Wright property. He explained that the $700 decrease will make the final contract price $43,000.50, and he recommended approval. He stated that Change Order #4 is a decrease in the contract mount of $3,153 for Gibbs & Register which is the closeout of the DeSoto Street drainage project. He stated that the changes are associated with the quantity adjustments from the original bid. 99-05"..4 ~4 motion was made by Council Member Lamb, seconded by Council Member Biddle and carried unanimous!¥ to approve Change Order #2 to CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 23, 1999 Page 11 Lem B~ant Land Clearing for a $700 reduction in the contract price for the 12tn Street driveway project for a final contract price $43,000.50, and Change Order #4 $3,153 decrease in the contract_for Gibbs & Register_for the closeout of the DeSoto Street drainage project. Contract Renewal - Retention Area Mowing City Manager Saunders stated that Cajun's Custom Care is the contractor for the mowing of 21 of the City's retention areas. The contract allowed for a renewal option and Public Service Davis is requesting approval for renewal Option #2 which will commence May 3 'and continue through November 26 at the bid price of $12,450. 99-056 A motion was made by Council Member Biddle, seconded by Council Member Wolfe and carried unanimously to approve the renewal option with Ca/un's Custom Care from M~_ 3 through November 26for $12,450. AUDIENCE COMMENTS Tim Henderson thanked the Council for assigning Council Member Biddle to help solve the ballfield schedule problems. He stated that Council Member Biddle helped to open a line of communication between the Leagues that had not previously existed. There being no further business or discussion, the meeting adjourned at 9:08 p.m. Attest: Harold S. Turville, Jr. Mayor ~5~eph E. Van Zj~,'~, City Clerk