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06-11-1991 Regular Meeting• CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 11, 1991 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, June il, 1991, in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Dupee, Council Member Norquist, and Council Member Cole. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by City Manager Saunders followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Special Meeting held May 7, 1991 and the Regular Council Meeting held May 28, 1991 were approved as presented. REPORTS CITY MANAGER SAUNDERB' REPORT COMMUNITY DEVELOPMENT BLOCK GRANT It was reported that the City had received official notification from the Department of Community Affairs of receipt of the $575, 000 Community Development Block Grant. The Council was advised that the City is advertising for a Grant Administrator. CHANGE ORDER #1 - PUBLIC AORRS FACILITY City Manager Saunders stated that he would like approval of Change Order #1 for the new Public Works Facility which would lower the contract price $1,721. The City Manager reviewed with the Council the details of the Change Order. 91-100 A MOTION AAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDER #1 LOAERING THE CONTRACT PRICE $1,721. PLANNING AND ZONING COMMISSION RESIGNATION It was reported that Mr. Peter Bertonaschi had submitted his resignation from the Planning and Zoning Commission effective immediately. The Council expressed their thanks and appreciation to Mr. Bertonaschi for serving on the Commission. Mr. Saunders then stated that the vacancy should be filled as soon as possible. The Council then directed the City Manager to contact those people who had previously expressed an interest in serving to see if anyone would be willing to fill this unexpired term. CHAMBER OF COMMERCE LABOR DAY FESTIVITIES It was reported that the Chamber of Commerce was requesting • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 11, 1991 PAGE -2- permission to use the Jaycee Beach area for their annual Labor Day Festivities. Carole Wayte, Executive Director of the Chamber, was present to answer any questions. Council Member Dupee asked if the amusement company would be back again, and Mrs. Wayte said that the contract had not been signed, but they would be back. Council Member Turville asked if there would be any conflict with the concession operation of Park Pals, Inc. It was stated that there would be no conflict with their operation. 91-101 After a brief discussion of previous Labor Day festivities, A MOTION WA8 MADE BY COIINCIL MEMBER DIIPEE SECONDED BY COIINCIL MEMBER TURVILLE AND IINANIMOIISLY CARRIED TO GRANT THE CHAMBER OF COMMERCE IISE OF THE JAYCEE BEACH AREA FOR THE LABOR DAY FESTIVITIES. COUNCIL MEMBER DIIPEE'S REPORT S.B. 2000 It was reported that the Governor had vetoed Senate Bill 2000 which implemented Amendment 3, which orders the Legislature to stop mandating spending programs on local governments unless appropriate funding procedures are contained within the legislation, because the bill contained elements which went against the will of the people who overwhelmingly approved Amendment 3. EAST CENTRAL FLORIDA REGIONAL PLANNING COIINCIL Mrs. Dupee also reported that she would be representing the ECFRPC at the national conference to be held in Atlantic City. The main topic of the conference will be "Regionalism". COIINCIL MEMBER TIIRVILLE'S REPORT LAKE COIINTY ENVIRONMENTAL COALITION It was reported that the Lake County Environmental Coalition would be holding a meeting on June 24, 1991 at 7:30 p.m. in the multi- purpose room of the Administration Building at Lake-Sumter Community College. Kent Wimmer, a Planner representing 1000 Friends of Florida, will be present to discuss the Lake County Comprehensive Plan. Mr. Turville also thanked Jack Sargent for his faithful attendance at the Council Meetings. MAYOR POOL'S REPORT INTERSECTION OF HIGHWAYS 50 AND 27 Mayor Pool stated that several people had expressed their concern that the new intersection should be marked with "Signal Ahead" signs since several accidents had occurred since the installation of lights at the intersection. City Manager Saunders stated that he would have to contact the Department of Transportation regarding placing those types of signs U CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 11, 1991 PAGE -3- • as it would be their responsibility. Mayor Pool also asked about the status of who would take care of the landscaping at the intersection, which the DOT had neglected for a number of years. City Manager Saunders stated that the City would have to take over maintenance of all the medians and rights-of-way within the city limits, not just that intersection. The DOT has sent a contract listing the scope of work and their payment. However, City Manager Saunders further stated that he had not had time to study the contract to see if it would be cost effective to enter into such a contract. Further discussion of this matter will take place during Budget Workshops. VISITORS WITH BIISINESS ROBERT CHAPMAN - SOIITHLARE DEVELOPMENT PRESENTATION Mr. Chapman appeared before Council and gave a brief presentation promoting his proposed development to be known as. the town of Southlake which will be located near Highway 192 in south Lake County. Mr. Chapman explained that he was going through the Florida Quality Development Process and the final hearing before the County Commission is scheduled for later this month. It was explained that the town was designed by renown architect, Andrus Duany, and that the nucleus of a new city had been created where the streets go to the edge of the property. Mr. Chapman explained the history of the development and stated that the city was being designed to go back to the way things used to be in that the residents will be able to walk to stores, theaters, etc. There will be a civic center on a hill overlooking a lake with seventy- one acres set aside for civic use. He also explained that it was his intention to build low priced, nice homes. Throughout the presentation Mr. Chapman showed conceptual designs of the proposed apartments, homes, shopping centers and the cultural center. At the conclusion of the presentation, Mr. Chapman asked for Council support at the final hearing for the project before the Lake County Board of Commissioners and stated that Mrs. Dupee had graciously agreed to serve on his Board of Directors for the Florida Quality Development. FRED 8OMMER - CFT SPORTS TRIATHLON IIPDATE Mr. Sommer appeared before Council and requested support for his Great Floridian Triathlon on October 26, 1991. The event will consist of a 2.4 mile swim, a 112 mile bike ride and a 26.2 mile run which will begin at 7:30 a.m. and end at 1:00 a.m. Sunday morning. Mr. Sommer explained that the event will involve 500 participants and need 800 volunteers to pull it off. The scope of the event was explained in detail, including 150 food booths, an Arts and Crafts Fair, and a possible hot air balloon fly-in to be held in conjunction with the triathlon events. Mr. Sommer stated that it would take a total community commitment to make the event a success. • • CITY OF CLERMONT MYNUTES REGULAR COUNCIL MEETING JUNE 11, 1991 PAGE -4- Carole Wayte, Executive Director of the Clermont Chamber of Commerce, stated that the local Chamber and the United Chambers of Lake County were committed to the event. Under discussion, it was the consensus of Council that Mr. Sommer's past events were well run and there had been no major problems. When asked his opinion, City Manager Saunders stated that it would be a tremendous impact on the City, but he felt Mr. Sommer would do a good job with the events. 91-102 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED WELCOMING THE GREAT FLORIDIAN TRIATHLON TO CLERMONT. Mr. Sommer agreed to keep the Council apprised of the event schedules as more of the plans became finalized. Council Member Turville suggested that organizations in Orange County be notified of the event to keep boats away from Jaycee Beach during the swimming segment of the triathlon. LINDA MCMURPHY - RESOLUTION #718, REQIIEST FOR AN AMENDMENT TO EBISTING CONDITIONAL USE PERMIT FOR 885 WEST DESOTO STREET Elizabeth Cahours appeared before Council and requested an amendment to her Conditional Use Permit for the Day Care Center now operating at 885 West Desoto Street. It was explained that the original CUP granted the use of the upper floor for day care, and now they wanted to expand the operation into both apartments of the lower level of the building; one now and the other later. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the request. 91-103 After a brief discussion by Council, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #718 AMENDING AN ERISTING CONDITIONAL USE PERMIT TO INCLIIDE USE OF THE LOWER LEVEL OF THE BUILDING FOR THE DAY CARE CENTER OPERATING AT 885 WEST DESOTO STREET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. UNFINISHED BUSINESS REN NORQUIST - RESOLUTION #716, REQUEST FOR AN AMENDMENT TO E%ISTING CONDITIONAL USE PERMIT FOR 490 WEST AVENUE Mr. Norquist declared a conflict of interest and stated that he would not be voting on his request. He then asked for an amendment to his existing Conditional Use Permit to allow the placement of a train caboose at his depot site at 490 West Avenue. Mr. Norquist then explained that his existing CUP allows a restaurant at the site. The old depot is to be utilized for the restaurant with a train station theme. Mr. Norquist then stated that the caboose would be used as an office for his businesses. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 11, 1991 PAGE -5- Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the request. Council Member Cole asked Mr. Norquist if the caboose would meet all of the City's required building codes. Mr. Norquist stated that it would. Council Member Turville asked if it was being modified to meet mobile home standards because it was on wheels. Mr. Norquist stated it would be under all applicable standard building codes and 'city codes for commercial use. City Manager Saunders stated that it would be considered a permanent structure and that Staff recommends approval of the request, subject to the conditions as stated in Resolution #716. 91-104 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE ADOPTING RESOLUTION #716 AS WRITTEN AMENDING AN EXISTING CONDITIONAL USE PERMIT TO ALLOW PLACEMENT OF A TRAIN CABOOSE FOR OFFICE IISE AT 490 WEST AVENUE. COUNCIL MEMBER NOROUIST ABSTAINED FROM VOTING DOE TO A CONFLICT OF INTEREST. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 272-C Mayor Pool explained that this ordinance would repeal the requirements of the 5$ land dedication for parks in new subdivisions because the City cannot require the dedication and charge the Recreation Impact Fee adopted during the last meeting because this would cause a double fee exaction. Under comments, City Manager Saunders stated that the new impact fee ordinance does allow for a negotiated dedication of land with impact fee credits. Mayor Pool then asked for comments and no one spoke in favor of or in opposition to the ordinance. 91-105 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 272-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. NEW BUSINESS RESOLUTION #714 Mayor Pool explained that Resolution #714 public hearing for the special assessments Disston Avenue and that the City Council Equalization Board to determine the final the project. The original assessments assessment roll. Mayor Pool called for comments. provided for he final for the improvements to would be setting as an special assessments for are reflected in the City Manager Saunders stated that Mr. Wolfe could not attend the meeting but, as discussed during a previous workshop, he was requesting credits to bring his assessments from $41,408.50 to • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 11, 1991 PAGE -6- $29,468.86. It was also stated that the credits were for $9,700 worth of engineering and survey work he had done on his private project, and that a credit of $4, 533 would be given for the low individual quote received in the bid process, which would bring his assessment to the $29,468.86. There were no other comments concerning the assessments. 91-106 Sitting as the Equalization Board, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO EQUALIZE MR. WOLFE'S ASSESSMENT AT $29,468.86. 91-107 After equalizing the special assessment, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER.COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #714 AS AMENDED TO REFLECT THE $29,468.86 EQUALIZED ASSESSMENT. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. EASEMENT REDUCTION City Manager Saunders explained that the approximately 600' of Highland Avenue lying west of Twelfth Street was closed and the right-of-way was divided between the property owners lying north and south of the right-of-way. The south half the right-of-way was utilized in the development of the Palatlakaha Recreation Area and the north half was Quit Claimed to Bill Thomas with the City retaining a 30' easement across his portion of the closed rights- of-way for possible future use. However, it was further explained that at this time it was determined by Public Service Director Davis that the City does not need an easement in that area and will not need one in the future. Giving up the easement will allow Mr. Thomas to develop his property and in exchange he will transfer a small triangular piece of property to the City where a portion of the western 100' of the park landscape berm was constructed on part of his property. 91-108 After a brief discussion of the property in question, A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COIINCIL MEMBER.DUPEE AND UNANIMOUSLY CARRIED TO ELIMINATE THE CITY'S EASEMENT ON MR. THOMAS' PORTION OF THE CLOSED RIGHT-OF-WAY AND IN EXCHANGE MR. THOMAS WILL TRANSFER TO THE CITY THE TRIANGIILAR PIECE OF PROPERTY ON WHICH A PORTION OF THE PALATLARAHA RECREATION AREA'S LANDSCAPE BERM WAS CONSTRUCTED. GRANT OF EASEMENT City Manager Saunders explained that Mr. Joe Holt who lives at 101 Third Street was concerned about the ingress and egress situation over the Palm Lane right-of-way to get to his garage. As background, it was explained that this right-of-way was temporarily closed in 1945 by the City Council and the closing stated it would remain closed until such time as the City finds need for the right- of-way. At the same time, the City gave use of the right-of-way to the residents until such time as it was needed. Mr. Holt, who was present in the audience, stated that when he purchased his property he had no knowledge of this situation, and further stated that he has used the old Palm Lane right-of-way to ~i CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 11, 1991 PAGE -7- access his garage and his storage right-of-way. In conclusion, Mr. more comfortable if the street abandoned by the City, however, if like an ingress/egress easement ~ garage and storage building. building which is built on the Holt stated that he would feel right-of-way was permanently this could not be done, he would rom the City for access to his Mayor Pool stated that other homes had also utilized the right- of-way and he stated that he believed that if the City ever did need the right-of-way for a street, it would be relocated farther to the north because the City would not want to tear down garages and trees, etc. to put in a street. 91-109 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, BECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT MR. HOLT AN INGRESS/EGRESS EASEMENT OVER THE TEMPORARILY CLOSED PALM LANE RIGHT-OF-WAY. City Attorney Baird was directed by Council to prepare the easement document for Mr. Holt. There being no further business or discussion, the meeting adjourned at 9:00 p.m. Robert A. Pool, Mayor Attest: E. Van Zi , C'ty Clerk