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05-14-1991 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 14, 1991 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, May 14, 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 Cole, Council Member Norquist and Council Member Dupee. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Brandt. REPORTS CITY MANAGER SAUNDERS' REPORT FLORIDA LEAGUE OF CITIES CONVENTION It was reported that the annual Florida League of Cities Convention would be held in Tampa August 22-24, 1991. Those who wished to attend were asked to pick up registration forms from Julie Brandt at City Hall. The Council was asked if they wished to take out an advertisement in the "Quality Cities" magazine for the convention issue. The prices for ads run from $90 to $415 for 1/8 to a full page ad. 91-079 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER NOROUIST AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY TO TARE OUT A 1/8 PAGE AD IN THE CONVENTION ISSUE OF "QUALITY CITIES" AT A COST OF 590. Under comments, Council Member Turville stated that he felt there was no value to the ad and the money could be better spent elsewhere. PARR PALS, INC. City Manager Saunders stated that he had received a request from Park Pals, Inc. to place the Lions' Club food wagon at Jaycee Beach for the summer with proceeds from the sale of the food going to the organization for construction of the children's park. Joe Janusiak, incoming President of the Lions Club, stated that he knew nothing of this request, but had received a request to sell food on Fathers' Day weekend at Jaycee Beach with the profits going to Park Pals, Inc. After a brief discussion, it was the consensus of Council that further information was needed before a decision could be made. BOAT RAMP FEE INCREASE The next item discussed was increasing the boat ramp fee. Presently, a $2 launch fee is charged between Memorial Day and Labor Day, and in the past the fee has been collected by a paid boat ramp attendant. This year it was decided the City will go to an honor system for year around collection of the fees. .. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 14, 1991 PAGE -2- City Attorney Baird advised Council of the legal theory that everyone using the facility should be charged the same rate. 91-080 After considerable discussion, A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE. SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO CHARGE FIVE DOLLARS PER LAUNCH AND $20 FOR AN ANNUAL BOAT RAMP PASS WHICH CAN BE PURCHASED AT CITY HALL. It was the consensus of Council that purchasing the annual pass would be fair and offer considerable cost savings for frequent users of the ramp. COUNCIL MEMBER DUPEE'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mrs. Dupee reported that an item coming before the ECFRPC would be adoption of their own Wetlands Buffer Criteria, and Mrs. Dupee asked for Council direction on this matter. It was stated that there is a St. Johns River Water Management District administrative rule in place which would allow the council to challenge developers before the Governor and Cabinet, which was instituted with the proposed development along the Wekiva River. Council Member Turville expressed his concern that the ECFRPC might adopt a rule which would be less stringent than St. Johns. At this point, Council Member Dupee asked if the ECFRPC rule should be more strict than the existing ones. City Attorney Baird advised that it should be similar, not entirely different or more strict. It was then discussed that the St. Johns River Water Management District was in the process of re-writing their wetlands rules and perhaps the ECFRPC should wait to see how they are being rewritten. After some further discussion, it was the consensus of Council that Mrs. Dupee keep them informed and bring the matter back before Council at a later date. MAYOR POOL'S REPORT CLERMONT BEAUTIFICATION COMMITTEE Mayor Pool stated that he was appointing the following people to the Clermont Beautification Committee: Lisa Pool, Lionel Barfield, and Joe Janusiak. It was then reported that the Beautification Committee would be meeting before the Chamber Breakfast at the Flagship Inn on Friday to vote on applying for an America the Beautiful Grant. A decision will also be made as to what the grant will be used for, should the Committee decide to apply for it. WATER RETENTION Mayor Pool also reported that he had received calls from residents of 1415 and 1425 West Lakeshore Drive, Messrs. Mead and Fluhart, who want water retention areas built in their neighborhood due to flooding on their properties caused by recent heavy rains. .. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 14, 1991 PAGE -3- VISITORS NITH BUSINESS ALBERT FOGLE - RESOLUTION #715, REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW REPAIR OF A NON-CONFORMING RESIDENCE DAMAGED MORE THAN 50$ IN THE C-1 DISTRICT, LOCATED 596 NEST HIGHWAY 50 It was explained that Mr. Fogle was requesting a Conditional Use Permit in order to rebuild a non-conforming residence at 596 West Highway 50, located on the northeast corner of the intersection of Highway 50 and Lake Avenue. The residence was extensively damaged by fire in 1987, and at that time the owner, Mrs. Esther Brown, was granted a CUP to repair the home under a hardship situation because this was her home and she planned to repair and reoccupy the structure as soon as possible. It was further explained that the building is located in a C-1 Commercial District, and the lot contains 3,500 square feet, where 7,500 square feet are required; the building is set back eight (8) feet, where fifty (50) feet are required; the dwelling unit contains 672 square feet, where a minimum of 1,000 square feet are required; and the structure has been cited as unsafe, dangerous and hazardous by the Fire Department. Mayor Pool then read Resolution #715 by title only and called for public comments. No one spoke in favor of or in opposition to the request at this time. Mr. Albert Fogel, representing his brother, Julian Fogel who purchased the house from Mrs. Brown, appeared before Council and requested that he be allowed to bring the house up to code to allow his sister to live in it. Council Member Turville stated that the "grandfather" status of the building did not transfer to the new owner and that the request should be denied. Council Member Norquist, who is a building contractor, stated that he believed that it would be cost prohibitive to bring the building up to code. It was pointed out that the Planning and Zoning Commission had unanimously recommended denial of the CUP and that Staff recommends the same. Mr. Fogle stated that he believed that you don't get anything unless you ask and he understood the Council's position for denial. 91-081 After some further discussion, A MOTION NAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND IINANIMOUSLY CARRIED BY ROLL CALL VOTE TO DENY THE CONDITIONAL USE PERMIT REOUEST. REVEREND ED IVEY - RESOLUTION #676, REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND THE CHURCH USE IN C-2 GENERAL COMMERCIAL DISTRICT, LOCATED AT 100 NORTH GRAND HIGHWAY City Manager Saunders explained that this request for a Conditional Use Permit had been tabled for several months, and Reverend Ivey was now requesting that it be reconsidered. It was explained that .. .. • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 14, 1991 PAGE -4- the request was for an expansion of the Church of God located at 100 North Grand Highway and Resolution #676 includes conditions as recommended by the Planning and Zoning Commission and City Staff. It was further explained that the expansion will allow the church to utilize grass parking, except for a minimum of eight (8) paved spaces and three (3) paved handicapped spaces on the site. It also reduces the five foot buffer requirement to a two foot buffer requirement in exchange for an additional seven (7) feet of right- of-way along Grand Highway. Grand Highway is considered a collector street under our Comprehensive Plan and requires an eighty (80) foot right-of-way. Currently Grand Highway has sixty- six (66) feet of right-of-way. We are requesting that an additional seven feet be dedicated from this side of the street for future improvements. Mr. Saunders continued by stating that the project will be built in two phases with the first phase being the educational building to be constructed on the northwest part of the site, and phase two being the future sanctuary addition. The Conditional Use Permit will be for two years instead of the customary one year. It was reported that a letter had been received from the Citrus Tower giving full support to the project. Mayor Pool then read the resolution by title only and called for comments from those present. No one spoke in favor of or in opposition to the request. Reverend Ivey then appeared before Council and asked about the driveway requirements for the approved site plan. City Manager Saunders stated that only one paved driveway was required and there was an option for a second driveway, which could be constructed at a latter date. Reverend Ivey then stated that he felt the church was not being justly compensated for the seven feet of right-of-way and asked that the impact fees for the church be waived or that in the event Grand Highway never becomes a collector street, the right-of-way be returned to the church. City Manager Saunders pointed out that allowances had been made to compensate for the right-of-way; namely the five foot buffer requirement was reduced to two feet and the required 24 foot driveway was reduced to twenty feet. City Attorney Baird advised that the City could not legally waive the impact fees nor could it put any statements concerning the right-of-way being returned to the church in the Conditional Use Permit. 91-082 After some further discussion, A MOTION WAS MADE HY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED HY ROLL CALL VOTE TO ADOPT RESOLUTION #676 AS WRITTEN GRANTING A CONDITIONAL USE PERMIT TO EXPAND THE CHURCH USE IN THE C-2 GENERAL COMMERCIAL DISTRICT LOCATED AT 100 NORTH GRAND HIGHWAY. THE • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 14, 1991 PAGE -5- RESOLUTION WAS READ HY TITLE ONLY BY MAYOR POOL. PHIL TOPPO City Manager Saunders reported that Mr. Toppo was requesting a six months extension of his Open Air Sales Permit to operate a hot dog stand at 1440 Bloxam Avenue adjacent to Don's Chain-O-Lakes Auto Parts. Mr. Toppo has operated at this location with no apparent problems for the past six months. 91-083 After a brief discussion of the operation of the enterprise, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST. SECONDED BY COONCIL MEMBER COLE AND UNANIMOIISLY CARRIED TO GRANT MR. TOPPO A SIX MONTHS ERTENSION TO HIS OPEN AIR SALES PERMIT TO OPERATE A HOT DOG STAND AT 1440 BLOXAM AVENUE. RLEOPAS POLYVIOW Mayor Pool explained that Mr. Polyviow was requesting an Open Air Sales Permit for a hot dog stand to be located at 840 East Highway 50 which is the site of Town and Country Liquors. A copy of the letter from Mr. Polyviow and one from the store owner giving authorization to use the site was given each Council Member. Some concern was expressed regarding the best location for the hot dog stand on the property. It was the consensus of Council that it should be located on the parking lot on the east side of the building. Council Member Turville stated that he did not want to have food vendors located on every corner in Clermont. City Attorney Baird advised that each request should be considered on its own merits and the Council should be very careful to deny once a request is granted. It was pointed out that in the next six months, the City will be developing permitting and licensing requirements for this type of business. Six months from now the new ordinances and regulations will be in place with a standard regulation for this type of business. After much discussion of the location of the stand on the property, 91-084 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL MEMBER NOROUIST AND IINANIMOUSLY CARRIED TO GRANT THE REOIIEST ALLOWING MR. POLYVIOW TO OPERATE A HOT DOG STAND AT 840 EAST HIGHWAY 50 FOR SIR MONTHS. THE CITY MANAGER WILL DETERMINE THE LOCATLION OF THE STAND ON THE SITE. RESOLUTION X712 It was explained that this was the first step of the Disston Street Special Assessment process, with Resolution #712 declaring the special assessment. Due to an error in the legal advertising requirements, the City is beginning the process over from earlier in the year. • .. • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 14, 1991 PAGE -6- Mayor Pool read the Resolution by title only and called for comments from those present. No one spoke in favor of or in opposition to the request. 91-085 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE. SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #712 PROVIDING FOR IMPROVEMENTS TO DISSTON AVENUE AND DECLARING A SPECIAL ASSESSMENT. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. In closing it was reported that during the second meeting in May another resolution will be on the agenda which will be the Notice of Public Hearing. The Public Hearing equalizing the assessment will be held June 11, 1991. PALATLARAIiA RECREATION AREA - CHANGE ORDERS #5 AND #6 City Manager Saunders explained that the City was ready to finalize the project with the General Contractor, Superior Asphalt. Enclosed is Change Order #5 with an attachment showing the various items which increases the contract by $19,258. The majority of the added costs were for earth work made necessary to provide the required elevations for the various facilities and roads. Change Order #6 is a decrease in the contract price of $7,200, which is for liquidated damages for the project not being completed on schedule. The project completion date was June 13th and the substantial completion date was August 9th which resulted in twenty-four days of liquidated damages. 91-086 After a brief discussion of the change orders, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DIIPEE AND UNANIMOUSLY CARRIED TO GRANT FINAL APPROVAL FOR THE PALATLARAHA RECREATION AREA PROJECT AND TO APPROVE CHANGE ORDERS #5 AND #6 AND AUTHORIZE FINAL PAYMENT TO SUPERIOR ASPHALT FOR THE PROJECT. PROPERTY PURCHASE City Manager Saunders reported that as directed by Council during our workshop meeting last month, we have submitted an offer of $100,000 to Postal Colony for the purchase of the property located at 528 Eighth Street. Their Board of Directors considered the offer and returned a counter-offer to sell for $140,000. This property consists of 39, 900 square feet, which is divided into five lots and contains a garage or warehouse-type structure, as well as a small office building facing Eighth Street. Recent appraisals we have reviewed for properties in the CBD indicate the value of the land averaging approximately $2.50 per square foot and going up to a high end of just over $3.00 per square foot. These figures would place the value of the land somewhere between $100,000 and $120,000 without consideration of the structures on the site. Mayor Pool questioned the environmental hazards associated with the site. Oakley Seaver, who was present in the audience stated that an environmental audit was done on the property but there was nothing in writing showing the outcome of the audit. It was emphasized that the offer to Postal Colony was subject to an environmental assessment of the site with any required remedial • • REGULAR COUNCIL MEETING MAY 14, 1991 PAGE -7- work necessary for clean up being the responsibility of the seller. Council Member Norquist stated that he had spoken to Ron Becker, the owner of Becker's Funeral Home, located on the property adjacent to and south of the property under discussion; and he was receptive to selling thirty feet of his property to the City if the site was chosen for the new City Hall. Much discussion ensued concerning other possible sites for City Hall, including the property owned by the City near Jenkins Auditorium and what would have to be purchased in addition to the property already owned to make it feasible to build City Hall there. Mayor Pool then asked City Manager Saunders which site he preferred, and Mr.~Saunders responded that both sites have their advantages and he could not commit to one or the other at this time. 91-087 After considerable discussion, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE ANY FURTHER DISCUSSION OF THE PROPERTY PURCHASE.UNTIL THE ENVIRONMENTAL AUDIT ON THE PROPERTY IS COMPLETED. PUBLIC COMMENTB Under the Public Comments portion of the Council~Meeting, Ed Ivey stated that he would like to see some type of a church zone so that every time a church wanted to expand it would not have to go through the Conditional Use Permit process, but would only have to pull building permits. It was the consensus of Council to take this under consideration. Council Member Dupee stated that the Lake County Board of Commissioners were holding a second hearing on Impact Fees for Education, and she felt it would be appropriate for the City to send a letter of support for this to the Board of Commissioners. 91-088 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED FOR THE CITY TO SEND A LETTER TO THE LAKE COUNTY BOARD OF COMMISSIONERS SUPPORTING AN IMPACT FEE FOR EDUCATION. There being no further business, or discussion, the meeting adjourned at 9:35 p.m. ~~ Robert A. Pool, Mayor Attest: /~ o E. Van Zi , ity Clerk