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09-22-1992 Regular Meeting® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1992 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, September 22, 1992 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Turville, and Council Member Ivey. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held September 8, 1992 and the Special Meeting held September 10, 1992 were approved as presented. CITY MANAGER SAUNDERS REPORT Special Meeting Scheduled September 24, 1992 City Manager Saunders reminded Council Members of the Special Meeting scheduled September 24, 1992 beginning at 7:30 p.m in the Council Chambers for the final adoption of the 1993 Fiscal Year Budget and Ad Valorem Millage Rate. Workshop Meeting Scheduled City Manager Saunders recommended that a Workshop meeting be scheduled prior to the September 24, 1992 Special Meeting. Council Members agreed that the Workshop be scheduled for 6:30 p.m. Thursday, September 24, 1992 in Council Chambers. Clermont Elementary PTO Co-Ed Softball Tournament September 11 and 12 City Manager Saunders stated that Wendell McDannell had planned to be at the meeting to thank the Council for allowing them to use the Palatlakaha Recreation Area Softball Field for their tournament. The tournament was a great success. Police Department Building Color Scheme Mr. Tom Rappe of Strollo Architects presented three suggested color schemes for the split face block, roof, and trim. The materials must be ordered as soon as possible for these items so not to delay construction. Mr. Rappe recommended as first choice the light tan split face block with the teal green roof. CITY OF CLERMONT MINUTES • REGULAR COUNCIL MEETING SEPTEMBER 22, 1992 PAGE 2 92-146 A. motion was made by Council Member Norquist seconded by Council Member lvev. and carried unanimously to approve recommendation #1 night tan split face block with teal Breen roo, f~ for the police department bui~. ATTORNEY BAIRD'S REPORT Lake Utility Services, Inc. Request for an Amendment to their Certificate City Attorney Baird explained that the City adopted Ordinance 273-C under State Statute 180 which designated an area for a utility service district around Clermont. The utility service district includes the area south of town in which Lake Utility Services, Inc. has had a number of facilities for some time. They are also in the process of establishing additional services to serve various subdivisions. Lake Utility Services filed an application to the Public Service Commission who has jurisdiction of private utilities to expand their certificated area to include the area south of Clermont city limits and west of Highway 27 that is contained in Clermont's utility district. The City has filed an objection to this request for amended certificate. Attorney Baird stated he attended apre-hearing conference on September 18 with the Public Service Commission to review the testimony and issues and he does not believe the City's objection has any significant amount of merit. The pre-trial hearing testimony verifies Lake Utility Services are already in Clermont's utility district and their financial statements indicate they have the ability to expand in that area as needed. The City can only present the fact that they have lines on two ends of the area that can be expanded into the district. Attorney Baird further explained that the next step in the objection process is the actual hearing which is scheduled for October 1 and 2 at the Council Chambers in Clermont. The Public Service Commission members and staff, Lake Utility Service, Inc. officials and staff, and Clermont officials and staff will participate in the hearing. He recommended withdrawing the City's objection to Lake Utility Service's request for amended certificate as it would promote goodwill with both Lake Utility Service and the Public Service Commission. Mayor Pool asked if the City decided to expand water lines in a few years and extend into a certificated area, would the area be exclusively served by the private utility company holding the certificate? City Attorney Baird explained that the Public Service Commission has jurisdiction only over private utilities, not municipalities. Withdrawing the objection to Lake Utility Service's request for amended certificate would not halt the City's possible extension of water lines to that area. There are no previous court cases regarding the issue of whether a municipality can expand into a PSC certificated area. City Attorney Baird believed that if the City started extending ® • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1992 PAGE 3 lines into the certificated area, the private utility company would immediately file a lawsuit, and the Court would determine the issue with a declaratory judgment. Mayor Pool stated he felt the City should focus on the area to the East of Clermont before a situation like this happens again. City Attorney Baird stated that up until just a few years ago, it was illegal for cities to service areas outside of their city limits. 92-147 A motion was made by Council Member Turville seconded by Council Member Cole. and carried four to one with Council Member~ly , voting nav to direct City Attornev Baird to withdraw the Ci 's objection to Lake Utility Services. Inc. request to amend their certificate Council Member Ivey stated that Clermont's utility district is one of the links in the Comprehensive Plan. Chapter 180 includes a capital project plan and they should come up with a financing plan for the utility district. VISITORS WITH BUSINESS Enrique & Araceli Rangel, Resolution 772 Mayor Pool stated that the request is for a Conditional Use Permit to establish a day care center at 191 W. Broome Street, the previous location of the Jehovah Witness Church. Planning and Zoning Commission recommended approval with the listed stipulations. He read Resolution #772 by title only and opened the public hearing. No comments were made in favor of or opposition to Resolution 772, and the public hearing was closed. 92-148 A motion was made by Council Member Ivey seconded by Council Me~a~ber Nortla~ist, and unanimously carried by roll call vote to adopt Resolution 772 approvin8 the Conditional Use Permit. Norman Rossman, President, Clermont Regional Center -Resolution 773 Mayor Pool read Resolution #773 by title only and explained that Clermont Regional Center is the new owner of the site located at the northeast corner of Highway 50 and Grand Highway. They are requesting a new Conditional Use Permit for a retail shopping center which is very similar to the CUP granted the previous owners approximately six months ago. He introduced Mr. Ronald Hensen of Design Service Group, the engineers for the project. Mr. Hensen stated that major changes included: - one major tenant has been added - Eckerd Drug, - the location of the retention pond has been moved, - the site area is increased and now includes 26.96 acres. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1992 PAGE 4 Mr. Hensen stated they agree with all the Conditional Use stipulations with two minor exceptions. One is in Section 2, item 11, changing to "greater than 2:1 slope" for areas to be stabilized with a geotechnical system. The other is Section 4, item 8, which designates the traffic connection link at the southeast corner of Quincy's site which they want switched to the northwest corner of Quincy's site. Mayor Pool opened the public hearing. Council discussed Section 2, item 11 and agreed a 2 to 1 slope is possible if the correct sod is laid without the geotechnical system. City Manager Saunders explained that cross access agreements were required when Quincy's Restaurant was developed and astub-out of a driveway connection from Quincy's to the east was constructed and dead-ends at the southeast corner of the Quincy's property. The staff recommendation to the Planning and Zoning Commission was to require the shopping center to connect at this point. Staff thinks it is a better connection across, but realizes it creates a problem. The developer has indicated that in order to do this, it would require an inclined road of approximately 250' in order to move from the elevation of Quincy's to the proposed elevation of the shopping center parking lot. This would require a substantial retaining wall rather than a sloped area in order to maintain the parking places needed with the development. Mayor Pool stated he has visited the area and thinks access at the northwest corner of Quincy's is a better route and easier to develop. Mr. Hensen stated the access at the northwest corner is the first CUP's approved access. He felt it would be a convenient connection only for people going back and forth between Quincy's and the Shopping Center so they don't have to go back on Grand Highway. Council Member Norquist asked what the auto display area included in the site map was. Mr. Hensen stated the auto display area was part of the proposal. City Manager Saunders stated an auto display area would not be allowed according to the Conditional Use Permit, Section 4, item 12. Mr. Jack Sargent, Chairman of the Planning and Zoning Commission stated the issue of the auto display area was not specifically addressed because it is not an allowable use. City Manager. Saunders stated the proposed auto display area is located adjacent to Highway 50 near Quincy's, requiring the eastern side of the display to be 18' in the air which would require a retaining wall. In addition to this problem, City ordinance prohibits off-site advertising in this situation. Council Member Turville stated the 18' platform for auto display is not aesthetically pleasing. Mayor Pool stated he needed to see a conceptual. drawing in order to understand it. Council Member Turville stated if they allowed this off-site advertising, it could be considered picking and choosing. Attorney Baird stated a variance could be made to allow it, or perhaps the ordinance should be re-addressed. • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1992 PAGE 5 City Manager Saunders stated permanent permits for Open Air Sales must be approved by Council and must be on the same site as the business. He stated it is evident that the auto display area falls under the off-site advertising, not an open air sales permit. Mr. Bob Wade offered to lower the display area to two or three feet above parking lot level in the same corner of the parking area. City Manager Saunders stated an amendment could be made to the Conditional Use Permit under Section 4, Item 12 adding, "other than a 40' x 40' area located in the southwest corner of the lot allowing a car display, to be elevated not more than 2' from the parking lot. " City Manager Saunders stated that language needed to be added to Section 1, Item 5 of the Conditional Use Permit stating, "the developer is responsible for the cost of all required on and off-site infrastructure improvements necessary for the project." Council Member Ivey questioned Section 3, Item 4 which states, "Final disposition of stormwater outfall shall be to the existing south pond portion of Jack's Lake." City Manager Saunders stated the overflow will go to the southern pond by the road. Mayor Pool closed the public hearing. 92-149 A motion was made by Council Member Cole to approve the Conditional Use Permit with amendments as discussed to Section 2 item 11 and Section 4. item 8. After a brief discussion Council Member Cole withdrew this motion. 92-150 After a brief discussion, a motion was made by Council Member Turville seconded by Council. Member Norquist and carried unanimously to retain the current language of Section 4 item 12. Council Members discussed the following suggested amendments to the proposed Conditional Use Permit, as follows: Section 1, item 5: Add: "the developer is responsible for the cost of all required on and off-site infrastructure improvements necessary for the project." Section 2, item 11: Amend to read: "Any areas being modified to a slope of three (3) horizontal to one (1) vertical (3:1) such as water retention areas, shall be sodded. Any areas being modified to a slope ef~4-e~ g,.,..~; greater than a two (2) horizontal to one (1) vertical (2:1) shall be stabilized with an approved geotechnical system and then sodded with along-stemmed grass species appropriate for prevention of erosion according to the standards acceptable to and • CITY OF CLERMONT 1VIINUTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1992 PAGE 6 approved by the City and the U.S.D.A. Soil Conservation Service" . Section 4, item 8: Amend as follows: The permittee/developer shall construct an internal traffic connection link .. s~ that provides direct access between the shopping center site and the Quincy's Restaurant site by the northwest corner of Quincy's site. 92-151 A motion was made by Council Member Ivev seconded by Council Member Cole and carried by roll call vote four to one with Council Member Turville voting nav to adopt Resolution 773 approving the Conditional Use Permit for the Clermont Regional Shoeing Center with the three above-listed amendme~zts. UNFINISHED BUSINESS Ordinance No. 247-M, Florida Garbage Services, Inc. Garbage. Franchise Mayor Pool Read Ordinance 247-M by title only and explained this was the final reading granting a commercial garbage collection franchise to Florida Garbage Service. Mayor Pool opened the public hearing. No comments were made in favor of or opposed to Ordinance 247-M, and the public hearing was closed. 92-152 A. motion was made by Council Member Cole seconded by Council Member Noraccist and carried unanimously by roll call vote to adopt Ordinance 247-M. Bid Award -Jenkins Auditorium Flooring City Manager Saunders stated that the flooring bid had been previously awarded, however the low bidder asked to be released from his bid because the proper removal and disposal had not been included. He recommended awarding the bid of $6,873.17 to Bishops Paint which includes proper removal and disposal. 92-153 A motion was made by Council Member Norcluist seconded by Council Member Jvev, and carried unanimously to approve the bid of $6 873 17 to BishoDS .Paint for Jenkins Auditorium flooring. ® • CITYOF CLERMONT MINiTTES REGULAR COUNCIL MEETING SEPTEMBER 22, 1992 PAGE 7 NEW BUSINESS South Lake Council for the Arts City Manager Saunders that for the past couple of years the City Council has retained Marilyn George on a contractual basis for secretarial services for the Council for the Arts. They propose to split those duties between Marilyn George and Ann Cardinal for the same dollar amount as in the past. 92-154 A. motion was made by Council Member Ivey seconded by Council Member Turville. and carried unanimously to approve contracts for secretarial. services for Marilyn George and Ann Cardinal to work,for the Council for the Arts. Budget Amendments Finance Director Van Zile explained that the budget amendments are required to adjust the existing year's budget prior to year end, which is September 30. Council Member Ivey asked if the commercial insurance rates could be more accurately budgeted. Finance Director Van Zile stated that estimates are used from the League of Cities, and there is no better source. The insurance costs are based on costs incurred in the previous year. 92-155 A motion was made by Council Member Cole seconded by Council Member Turville. and carried unanimously to approve the budget amendments for 1991-92 as submitted. Major Project Review Council. Member Ivey stated that Council had agreed to review engineering costs, etc. upon completion of each major project. He requested a review of the Palatlakaha Recreation Area project. There being no further business or discussion, the meeting adjourned at 9:42 p.m. Attest: Robert A. Pool, Mayor