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02-12-2002 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 12, 2002 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Caputo, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, City Engineer Richardson and Finance Director Van Zile. INVOCATION The Invocation was offered by Council Member Caputo, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Mullins, seconded by Council Member Renick, and carried unanimously to approve the minutes of the Regular Council Meeting hem Janua~_ 22, 2002. REPORTS City Manager Saunders' Report City Manager Saunders stated that bids will be opened this coming Thursday for the Streetscape project and the results will be brought to the City Council. City Manager Saunders stated that 19 general contractors had submitted packets for pre-qualification to bid the new City Hall project, with 15 being pre-qualified to bid. City Manager Saunders then reminded the City Council of their upcoming Retreat to be held Friday, February 15, 2002 in the 2"a Floor Community Room of Lake Sumter Community College, South Lake campus. City Attorney Guthrie City Attorney Guthrie distributed a memo to the City Council regarding the Jerry Jones legal matter. He gave the City Council an update of prior proceedings and stated that he and Staff are looking further into the matter with Mr. Jones and his attorney. He stated that final approval will be necessary by the City Council for any Conditional Use Permit decisions. Mayor Turville's Report Mayor Turville stated that thc Rolling Hills Ford Grand Opening ceremony was held today and commended Jay Rosario on his efforts in working with the City. Mayor Turville then stated that Jean Kaminski of Homebuilders' Association had contacted him regarding allowances being made for signage during the Parade of Homes event. He asked Planning Director Brown to speak regarding whether the Homebuilders' Association has complied with the City's sign ordinance otherwise. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 2 Planning Director Brown stated that they have honored the City's request for no signs to be posted over the last 4 to 6 weeks. Discussion followed regarding the timing of the request and proposed changes to the sign ordinance. City Attorney Guthrie stated that the City could consider this as a request for variance from the sign ordinance for this particular event. City Manager Saunders stated a resolution could be adopted at the next meeting providing rules for signage as it relates to special events. Council Members Mullins and Caputo stated that this event should be granted special relief. Mayor Turville asked City Manager Saunders to contact Ms. Kaminski with the status of her request. NO OTHER REPORTS ACCEPTANCE OF ELECTION RETURNS & DECLARATION OF RESULTS FOR COUNCIL MEMBER - GROUP 1 Mayor Turville read the Declaration of Results of Election as certified by Emogene Stegall, Lake County Supervisor of Elections and stated that Ann Dupee received 718 votes and David Pape received 329 votes. A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to accept the election results. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY ELECTED COUNCIL MEMBER - GROUP 1 Finance Director Joe Van Zile administered the Oath of Office to newly elected Council Member Ann Dupee for Group 1. Ms. Dupee gave a brief acceptance speech. CONSENT AGENDA Item 1 - Swing For the Kids V Event Request for approval to hold annual Swing for the Kids event on April 12, 13 & 14, 2002 at Waterfront Park Item 2 - Equipment Surplus Declare 1987 Ford Bronco as surplus and available for auction Item 3 - Amendment-Boyle Engineering Amendment No. 2 to Agreement for Engineering Services for East Water Reclamation Facility Expansion CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 3 Item 4 - Amendment - Boyle Engineering Amendment No. 3 to Agreement for Engineering Services for East Water Reclamation Facility Expansion Mayor Turville asked if anyone wished to pull any of the four items for discussion. Council Member Renick pulled Item 3 for discussion. A motion was made by Council Member Mullins, seconded bY Council Member Caputo, and carried unanimously to approve Items 1, 2 & 4 of the Consent Agenda. Item 3 - Amendment //2 - Boyle Engineering City Manager Saunders stated this is an amendment to the contract for engineering services for the East Water Reclamation Facility Expansion, the City's reuse water facility. He stated that a reuse main bom the plant to the holding pond needs to be constructed as a part of this facility expansion that was not included in the original contract. He requested the City Council's approval for engineering services to design this reuse main. City Manager Saunders stated that this facility should be completed in September and that this main would need to be in place to transmit the reuse water to the holding pond. Council Member Renick asked City Manager Saunders if it should have been Boyle Engineering's responsibility to include this addition as a part of the whole facility. City Manager Saunders stated that the City did not include this line as a part of the Scope of Services because at that time they were unsure of exactly where the line would be located. He spoke briefly regarding different locations and regarding prior partial construction of the line. A motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to approve Item 3 of the Consent Agenda. VISITORS WITH BUSINESS Clermont Bible Church - Request for Water & Sewer City Manager Saunders stated that the Clermont Bible Church is requesting that the City provide water and sewer service to their proposed new church site on John's Lake Road, adjacent to and directly east of Lost Lake Elementary School. He stated that the City is currently serving homes directly east of the church property along John's Lake Road. He stated that a few years ago this was one of the high EDB level areas and that the Department of Environmental Regulations had asked the City at that time to extend lines along John's Lake Road in order to provide water service to those with contaminated wells. City Manager Saunders stated the City is currently serving up to the western and eastern boundary lines of this property, and that it would be logical for the City to serve this site for that reason as well as because of the contamination problem in the area. Rick Deardorf, member of Clermont Bible Church, stated he was speaking on behalf of the church and that there were several other members present as well to show support of the request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 4 John Beckermeyer, Pastor of Clermont Bible Church, stated that there is currently a storage barn on the site that has access to City water. Council Member Mullins asked if application has been made for annexation of this site into the City. City Manager Saunders stated that it is currently being discussed. .d motion was made by Council Member Mullins, seconded bp Council Member Renick, and carried unanimously to provide water and sewer service. Sunset Colony Properties - Waiver of Interest & Penalties City Manager Saunders stated that in 1996 the City constructed Osceola Street between West Avenue and Eighth Street as a special assessment project. He stated that constructing streets by assessment is a widely used and accepted process in cities and counties and that the assessments are placed on the property owners according to the front footage. City Manager Saunders referred to a list provided to the City Council of seven property owners, the amounts they were assessed for the project, and the payments that were made toward those assessments. He stated that there were currently two outstanding assessments and referred to the current accumulated interest due as well on those two. He then referred to a letter from Jayson Stringfellow requesting waiver of the interest on the original assessment of $14,980.00 for the Sunset Colony Properties (the Pier House restaurant). He stated that the total including interest due as of February 15, 2002 is $20,183.60. Jayson Stringfellow stated that he was not the owner of Sunset Colony Properties at the time of assessment. He further stated that the prior property owner had issue with the slope of the newly constructed Osceola Street and they were unable to construct a driveway. He stated that they had understood that the assessment was under appeal with the City's prior Planning Director for this reason and that some other issues were to be considered as well. Mr. Stringfellow stated that the prior owner, Mary Vessels, was present and would speak if the City Council so desired. Mayor Turville stated that she probably should speak in order for the City Council to determine if a valid reason exists for granting this request. He further stated that, in his opinion, this property owner benefited the most from the project due to the amount of parking that was made available. Discussion followed regarding the parking issue. Mary Vessels, prior owner of Sunset Colony Properties, stated that the major issue with the Osceola Street project as it relates to the property was that it changed the view of her property from that side. She spoke regarding requested curb cuts, frequent changes in the plan and no actual access to her property from Osceola Street. City Manager Saunders stated that the City and the owners of the Pier House restaurant were meeting regarding the new restaurant at the time that the Osceola Street project was going on. He stated that the original plan does reflect a curb cut and a driveway connection where the steps are located now. He stated that Springstead Engineering had commented at the time that the elevation of the proposed driveway would not work because it was so steep and that the restaurant site should be designed to make it work. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 5 City Manager Saunders spoke regarding the City's codes at that time regarding driveways and private property compared to now. He stated that the owner went ahead with their plans knowing that the elevation would be a problem, therefore it was not a matter of the City denying a driveway connection because the City did in fact approve a connection. He stated that Oseeola Street had also lowered. City Manager Saunders stated that driveway connection is not criteria for an assessment being made. Ms. Vessels stated that a considerable amount of construction had taken place prior to Osceola Street being lowered, which eliminated the driveway connection. City Manager Saunders stated that the private property was raised as well. A berm Was built to handle the water retention and a combination of different aspects of the two construction projects resulted in the driveway connection not being possible. He stated that the restaurant plans should have been changed as requested prior to beginning of construction. Council Member Mullins stated that to waive the approximate $5,000 in interest the City would almost have to go back and refund the $2,500 paid by four others. Mayor Turville stated he could not recall relief ever being provided in this manner on assessments. Council Member Caputo stated that this information should have been disclosed by the title company during the closing when Mr. Stringfellow purchased 51% of the company. A motion was made bY Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to deny the request for waiver of interest and penalties on assessment. Rolling Hills Ford - Variance Request Planning Director Brown stated that the applicant, Jay Rosario of Rolling Hills Ford, is requesting a variance to modify two existing non-conforming signs on S.R. 50 that do not meet City code. He stated that the request is to modify the sign faces only and would enhance the appearance of the overall signs, therefore staff recommends approval of the request. Mayor Turville opened the public hearing at this time. Finance Director Van Zile swore in the following: Jay Rosario, applicant and owner of Rolling Hills Ford, stated he was available to answer questions and stated that the new sign face overlays will be smaller than the original ones. Mayor Turville closed the public hearing at this time. Council Member Renick asked Planning Director Brown to confirm that these signs were grandfathered in. Planning Director Brown did so. Council Member Caputo stated his approval of the variance. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 6 A motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to approve the variance request. Levitt Care Corporation - Variance Request Planning Director Brown stated that the applicant is requesting a variance to allow private streets for the proposed Regency Hills subdivision, generally located at the southeast comer of Hartwood Marsh Road and Hancock Road. Mr. Brown pointed out the location on the overhead display and stated that Hancock Road currently dead ends into Hartwood Marsh Road, but that the planned extension of Hancock would mn along the western side of Regency Hills. He stated that the applicant wishes to construct a gated community such as Summit Greens and Kings Ridge and that the developer has dedicated the requested rights of way to expand Hartwood Marsh Road to a width of 120 feet and agreed to dedicate 40 feet of right of way on their western boundary for the future southern extension of Hancock Road. Mr. Brown stated that adequate roadways will be supplied without public streets through the community, therefore staff supports the request for private streets. Mayor Turville opened the public hearing at this time. Finance Director Van Zile swore in the following: Robert Hutson of Levitt Care Corporation, 1164 Mesa Verde Court, stated that this request is to enhance the project by offering a gated community. Mayor Turville discussed the possibility of providing access to the church property from this project with the applicant. Mr. Hutson stated that the community feels more secure with the provision of gates, and that a community would prefer to walk to the church property than to have open access. Discussion followed regarding access to the church. City Manager Saunders stated that the church may not wish to have vehicular access fi'om this project onto their site. Council Member Renick stated that the City Council could table this request until it could be discussed at a Retreat. Mayor Turville stated that would allow the applicant time to discuss access with the church adjacent to them. A motion was made b¥ Council Member Renick and seconded by Council Member Caputo to table the fequest until after a CitF Council Retreat couM be held. Motion withdrawn bY maker. Discussion followed regarding the addition of pedestrian access between this project and the church site, if the church would be agreeable. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 7 City Attorney Guthrie stated that this type of provision regarding access could be allowed. Ronaldo Camargo, 1949 Brantley Circle, spoke in support of the motion to table. Mayor Turville and Council Members Caputo and Renick spoke regarding discussing this issue further at the upcoming City Council Retreat. A motion was made bY Council Member Caputo, seconded by Council Member Renick, and carried by a vote of four to one to table this request to the Ci~ Council meeting of Februar}, 26, 2002, with Council Member Mullins being opposed. Clermont Foods, Inc. - Variance Requests Planning Director Brown stated that the applicant is requesting three variances to the City Code for property located at the corner of S.R. 50 and Bloxam Avenue as follows: Mr. Brown stated that the applicant is requesting a variance to allow the canopy over the gas pumps to be set back 25 feet fi.om the Bloxam Avenue property line rather than the 30 feet required by Code. He stated that the previous user had an original canopy setback of 20 feet without problems and that moving the canopy further to the left to meet Code requirements would result in losing required parking for the project. Mr. Brown then stated that the applicant is requesting a variance to allow a sign setback of 5 feet fi.om S.R. 50 rather than 15 feet per code and a variance to allow a sign setback of 30 feet fi.om the intersecting rights of way of S.R. 50 and Bloxam as opposed to the 50 feet required by Code. Mr. Brown stated that to erect the sign by Code would mean losing required parking on the site or interference with traffic flow on the site. He stated that Staff recommends approval of the requested variances. Mayor Turville stated that the canopy would actually be five feet further fi.om the highway than it had previously been and the sign will be generally located in the same place as before, but somewhat more compliant. Mayor Turville opened the public hearing at this time. Finance Director Van Zile swore in the following: Mark Taylor, 20185 Chicksaw Trail, Orlando, spoke regarding the request on behalf of the applicant and stated that they are making improvements wherever possible to the property, such as the addition of the landscaping. Mayor Turville closed the public hearing at this time. Council Member Caputo stated that the non-conforming sign has been removed fi.om the site and that any signage going back should be in compliance with the current Code requirements. Mayor Turville asked Planning Director Brown if there is a location on the site that would be more compliant. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 8 Planning Director Brown stated that a variance would be required even ifa monument sign were being requested and that he was unaware of a better location for thc sign. Council Member Renick stated that she felt the signage on the building itself should be sufficient. Council Member Caputo stated that thc canopy would be sufficient for signage purposes. Mayor Turville discussed a particular area on the site with Planning Brown as a prospective location for the sign. Council Member Mullins stated that the signage should bc out front to allow sufficient time for motorists to stop. City Manager Saunders stated that a monument sign would work better in thc location discussed by thc Mayor because when the trees grow a pole sign may not bc visible. Discussion followed regarding traffic visibility at thc corner. City Manager Saunders suggested another possible site for thc sign but stated that visibility could be an issue there. City Manager Saunders stated that the property owner would not have removed the old sign if he had known it could not go back in but dressed it up as Rolling Hills Ford is doing. .~ motion was made by Council Member Mullins, seconded b_y Council Member Renick, and carried unanimously to approve the variance request for the canopy setback of 25 A motion was made by Council Member Mullins, seconded b_y Council Member Renick, and carried b_y a vote offour to one to approve the variance request for the sign setback of S feet from S.R. 50t with Council Member Caputo being opposed. .d motion was made by Council Member Mullins, seconded b_y Council Member Renick, and carried by a vote of four to one to approve the variance request_for the sign setback of 3O feet from Bloxam Avenue, with Council Member Caputo being o_~posed. Council Member Dupee requested that a depiction be provided in future any time there is a question of pole versus monument signage. NEW BUSINESS Center Lake - Muck Removal City Manager Saunders distributed information to thc City Council regarding this projcct and stated that bids had been received by thc City in thc hopes of being able to have one bid for thc entire project. He stated that the bid amounts ranged from $323,000 to $3.9 million. City Engineer Richardson spoke regarding the specifics of thc bid and thc dcwatering requirements set forth by thc St. Johns River Water Management District. She stated that she is proposing three options for the project: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 9 Option 1 would be to continue with Reliable Peat, the current contractor, and to have a contractor come in to just install the sock drain at a cost of approximately $12,000. This option could cost from $192,000 if the muck if sold upwards to a maximum of $372,000. The advantage of this option is that it is the least expensive, the disadvantage is that we may not be able to remove a significant amount of muck. Option 2 would be to continue with Reliable Peat and hire a dewatering company to complete the process. She stated that the dewatering company will ensure that all the water is removed in order to allow Reliable Peat to have constant access. She stated the advantage of this over Option 1 is that there is a better chance of success in dewatering, the disadvantage is the same as in Option 1, that storage for the dewatering is always a factor. Option 3 is a bid received from Subaqueous, who uses a floating dredge system, which would require no dewatering. The advantage with this company is that the work can be completed without regard to weather conditions and the disadvantage is that this option is the costliest. She quoted the bid price at 64,000 cubic yards for $500,000. City Engineer Richardson recommended option 3 with approximately 35,000 cubic yards removal. Discussion followed regarding equipment to control future lake water levels and regarding the options available for the muck removal project. Council Member Mullins stated that the original budget for this project was $205,000 and to move forward with option 3 would require an additional $200,000 or so. City Manager Saunders stated that this information was just received today and that the project would cost approximately $140,000 to $200,000 based upon the cubic yards removed using option 3. He stated that the forecasted 30,000 cubic yards to be removed would cost approximately $140,000. He stated that the St. Johns River Water Management District has indicated that they might contribute some funding to continue this project and that the City will follow up on that offer for fimding assistance. City Manager Saunders stated that a loan from the Stormwater Fund to the General Fund could be made without a problem. Council Member Dupee asked if the St. Johns River Water Management District will approve the method proposed in option 3. City Manager Saunders stated that the City holds a permit to demuck up to 64,000 cubic yards as well as a permit to dewater, therefore there should not be a problem with the method since no dewatering will take place in Option 3. He recommended this option in order to achieve the objective of removing a significant amount of muck while returning the lake to a healthier existence and appearance. He stated that Staff should meet with representatives of Subaqueous to work out a contract amount to bring back to the City Council for final approval. Council Member Dupee asked about the availability of another pond for D.O.T. runoff usage. City Engineer stated that there is a project in the works to treat the runoff from S.R. 50. Council Member Renick asked if Reliable Peat would need to be paid in for the work completed so far. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 10 City Engineer Richardson stated she was unsure at this point. Council Member Renick asked what the cost would be to restore the lake to its original condition, prior to the work performed by Reliable Peat. City Manager Saunders stated the cost would be approximately $5,000 to $10,000 to have the sides regraded and push the berm down. Mayor Turville stated that due to the lower water table the only way this will ever look like a lake again will be to remove some of the material fi.om the lakebed. He stated that leaving it in its current state with the ditches pushed in would be unacceptable to him. Council Member Renick stated that her concern is a budgetary one and that if she knew some funding assistance would be provided for the project she would not have an issue. City Manager Saunders stated that the City Council could direct Staffto meet with Subaqueous representatives on the contract for the work to be performed as well as pursue the offer from the St. Johns River Water Management District for funding assistance, and to bring those answers back to the City Council for final approval. Council Member Mullins suggested that the City Council approve the base price for removal of 30,000 cubic yards, with funding assistance from others helping to pay for any additional muck removal. Council Member Caputo stated that Option 3 would allow the City to accomplish its goal. Council Member Mullins asked the length of time to complete the project. City Engineer Richardson stated four to six months. A motion was made by Council Member Caputo, seconded bY Council Member Mullins, and carried unanimously to direct Sta_ff to pursue contract with Subaqueous for Option 3 _for the Center Lake Muck Removal project and to pursue funding availability for the project, and to bring answers to the Cit~ Council for final approval. Nancy Fullerton, 364 W. Montrose Street, spoke regarding the Center Lake Muck Removal project. Discussion followed regarding stormwater. Mayor Pro Tem Appointments Mayor Turville stated that this item might be tabled until after the City Council Retreat. Discussion followed regarding notification of applicants for positions on various Boards and Committees. Council Member Caputo suggested that the applicants receive written notification of which meeting this discussion will take place. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 2002 Page 11 City Manager Saunders stated that the applicants have received telephone calls with information. Council Member Dupee stated that the City had received wonderful response to its request for volunteers this year. She stated that if there are those present who have applied to its various Boards and Committees they might introduce themselves briefly in order to prevent too much time being spent on appointments at the Retreat. It was the consensus of the City Council to table this item to the next meeting and to discuss in more detail at the upcoming Feb. 15, 2002 Retreat beginning at 1:30 p.m. Mayor Turville welcomed any applicant present to speak at this time or to wait until the City Council Retreat to do SO. Sy Holzman, current member of the Planning & Zoning Commission, spoke and requested reappointment. David Outlaw, applicant for Planning & Zoning Commission, requested appointment. Ronaldo Camargo, applicant for Planning & Zoning Commission and Beautification Committee or Parks & Recreation Committee, requested appointment. Maggie Miller, applicant for Planning & Zoning Commission, requested appointment. Sharon Martin, applicant for Planning & Zoning Commission or Code Enforcement Board, requested appointment. Richard Bonnie, applicant for Planning & Zoning Commission or Code Enforcement Board, requested appointment. Discussion followed regarding where the applicants reside in the City. motion was made by Council Member Renick, seconded by Council Member Caputo, and carried unanimous!¥ to table appointments until the meeting of February26, 2002, time certain. Frances Hartle spoke regarding the roadway in front of her home and complained about the condition of Grand Highway and Hook Street. City Manager Saunders stated that Lake County maintains those roadways and that he would speak with Mr. Stivender of Public Works. There being no further business, the meeting was adjourned at 9:45 p.m. J~eph E. Van/~e, City Clerk ~ ~ Hal-Xlrurville, Mayor