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11-14-1989 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 1989 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, November 14, 1989, in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tern Turville, Council Member Norquist, Council Member Dupee and Council Member Cole. Other Ci ty Off icials present were Ci ty Manager Saunders, Ci ty Attorney Baird, Finance Director Van Zile, Planning Director McAllister, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the october 24, 1989, Council Meeting were approved as amended to include the following change on page 5: for language clarification, the word "warehouse" in the motion at the top of the page was changed to "structure" to conform with the wording in the original conditional use permit. REPORTS CITY MANAGER SAUNDERS REPORT CHRISTMAS DECORATIONS It was reported that in order to accommodate the new decorations around Center Lake, the voltage on the existing light poles needed to be converted. City Manager ~aunders then asked Council approval to authorize the voltage conversion by Florida Power at a cost of $1,957, wi th payment coming from the money budgeted for the decorations. 89-172 After a brief discussion of the new decorations, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED AUTHORIZING FLORIDA POWER TO CONVERT THE VOLTAGE ON THE EXISTING POLES AT A COST OF $1,957, WITH PAYMENT COMING FROM MONEY BUDGETED FOR THE PROJECT. LEGISLATIVE DELEGATION It was reported that the Lake County Legislative Delegation would be meeting at 10:00 a.m. on Monday, December 4, 1989, in the School Board Office on Burleigh Boulevard. Anyone wishing to be on their agenda for that meeting should contact Julie as soon as possible so arrangements can be made. SOUTH LAKE COUNCIL FOR THE ARTS It was reported that the South Lake Council for the Arts had obtained several sponsors for the performance on November 21, 1989, e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 1989 PAGE -2- of the University of Central Florida Jazz Lab. The Arts Council was complimented for their fine efforts in bringing quality entertainment to Clermont. COUNCIL MEMBER DUPEE'S REPORT LAKE COUNTY LEAGUE OF CITIES Council Member Dupee gave a brief report concerning the last Board of Directors' Meeting and stated that Jeff Book, Mayor of Mount Dora, has introduced a resolution concerning environmental license plates to fund the purchase of environmentally sensitive lands. COUNCIL MEMBER NORQUIST'S REPORT OPEN DOOR BAPTIST CHURCH Council Member Norquist requested that the Council consider holding a Special Meeting on Wednesday following the December 5, 1989, planning and Zoning Commission Meeting in order to expedite the approval of a Conditional Use Permit to allow the Open Door Baptist Church to use the old UI tra Precision Building on Grand Highway for a period of approximately three months while their new church is being buil t. In October the Council had approved a Conditional Use Permit allowing the Church to utilize the building next to the Emerald Lakes Shopping Plaza, but as explained by Pastor Bruce Stewart, that deal fell through and the church must vacate its present building by December 1, 1989. City Manager Saunders then explained the usual timetable involved in approving a Conditional Use Permit, which would keep the church from having a meeting place for approximately one month. After a brief discussion concerning the request, it was the consensus of Council to hold a special Meeting at 8:30 a.m. on Wednesday, December 6, 1989 to consider the request. COUNCIL MEMBER COLE'S REPORT LAKE COUNTY COMMUNITY ACTION AGENCY Council Member Cole reported that the annual banquet of the LCCAA was a great success with more than two hundred in attendance. COUNCIL MEMBER TURVILLE'S REPORT URBAN FORESTS - THE VALUE OF TREES It was reported that a meeting would be held on Thursday, November 16, 1989 at 7 :00 p.m. in the Leesburg Community Building concerning a reforestation program for Lake County if anyone was interested in attending. Three experts in the field will be present to discuss the value of trees in the urban environment. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 1989 PAGE -3- NILSA WHITEHEAD1S REPORT PARKS AND RECREATION BOARD Mrs. Whitehead requested that Tracy Wood be appointed to the Parks and Recreation Board to fill the vacancy created with the resignation of Carol Whitfield who has moved out of the City. Mayor Pool then appointed Mrs. Wood and asked that a letter of appreciation be sent to Mrs. Whitfield. It was then reported that the dedication of veterans' Park was held on Saturday, November 11, 1989, Veterans' Day, and that the monument erected by the Disabled veterans was very nice. Mrs. Whitehead requested that a bench be placed in the park. It was reported that the feeders dispensing waterfowl food, donated by Kurfiss Funeral Home and South Lake Memorial Hospital, had been installed at Center Lake. Mrs. Whitehead then requested Council permission to hold a Craft Day Sale on December 2, 1989, in front of Jenkins Auditorium. The participants in the sale would be local crafters. A motion was then made by Council Member Dupee and seconded by Council Member Norquist to allow the request. As a point of order Council Member Turville stated that this request had not been an agenda item and the City should allow the downtown merchants input as to whether they would like this type of event. At this point the motion and second were withdrawn and the Council advised Mrs. Whitehead to make the request earlier next year if she wished to make this an annual event. VISITORS WITH BUSINESS J. ROLANDO SANCHEZ - INTRODUCTION OF ORDINANCE 205-M It was explained that Mr. Sanchez was requesting the rezoning from R-1 Single Family to R-3 Multi-Family of approximately 2.42 acres located on the northwest corner of the intersection of Highland and Disston Avenues. Originally, Mr. Sanchez had requested that 3.5 acres be rezoned, but an error in the survey of the property was found and the actual acreage is 2.42 acres which will allow 29 units to be built on the site. It was further explained that Mr. Sanchez had submitted a request for a Conditional Use Permit to the planning and zoning Commission for a 29 unit multi-family apartment complex to be built on the site. 89-173 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER NORQUIST INTRODUCING ORDINANCE 205-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. The final hearing for the Ordinance and Conditional Use Permit request will be November 28, 1989. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 1989 PAGE -4- RANDY KARST - VARIANCE TO SIGN ORDINANCE REQUEST City Manager Saunders explained that Mr. Karst was requesting a variance to the sign ordinance for his property located at 1158 Fifth street because a sign has been painted without a permit on the existing masonry wall located on the north side of the property. Mr. Saunders further explained that since our zoning ordinance does not address signage on fences, the sign has been treated as a ground sign, which requires that it be setback a minimum of 12.5' from the right-of-way and the maximum size is one square foot per each lineal foot of street frontage or a 93 square foot sign. Mr. Saunders concluded the explanation by stating that staff was recommending approval of the sign being painted on the wall, but that the actual copy of the sign be no greater than the allowable 93 square feet and that the setback be 12.5', as would be required of a typical ground sign. It was pointed out that Mr. Karst could place a regular ground sign adjacent to or against the fence, so there was no reason to deny the sign being painted on the fence as long as it meets the size and setback requirements. Under discussion, Council Member Turville asked if a ground sign could be placed on the Chestnut street side of the property. Mr. Saunders stated that one would be permitted if the setback requirements could be met. Mr. Turville then stated that he would like language included in the granting of the variance which would permit only one ground sign (the sign on the wall) on the Fifth street side of the property. The Council agreed to this request. Mayor Pool called for comments from those present and no one spoke in opposition to the request. 89-174 After a further brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE SUBJECT TO THE FOLLOWING CONDITIONS: (1) THE ACTUAL MURAL CANNOT EXCEED IN TOTAL AREA THE MAXIMUM SQUARE FOOTAGE ALLOWED FOR A GROUND SIGN AT THAT SPECIFIC LOCATION, NAMELY 93 SQUARE FEET, (2) THE ACTUAL MURAL MUST SETBACK NO LESS THAN THE REQUIRED SETBACK OF 12.5 FEET FROM FIFTH STREET, AND (3) NO OTHER GROUND SIGNS WILL BE PERMITTED ON FIFTH STREET. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 203-M City Manager Saunders explained that this ordinance would extend the franchise period with the Lake APopka Natural District to service the Clermont area until the year 2010. It was further explained that the City had enjoyed a thirty year relationship with the district and was recommending approval of the extended franchise period. e e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 1989 PAGE -5- Mayor Pool called for comments from those present and no one spoke in opposition to the ordinance. 89-175 There being no discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 203-M EXTENDING THE FRANCHISE AGREEMENT WITH THE LAKE APOPKA NATURAL GAS DISTRICT. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. NEW BUSINESS OPERATIONAL ASSISTANCE AGREEMENT City Manager Saunders explained that Lake County Sheriff, George Knupp, had requested that an interlocal agreement for emergency assistance and mutual aid be executed by all the cities in Lake County and the Sheriff's Department, and that the document would formalize a verbal agreement the cities and the Sheriff's Department have operated under in the past for mutual aid. 89-176 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO AN OPERATIONAL ASSISTANCE AGREEMENT WITH THE LAKE COUNTY SHERIFF'S DEPARTMENT. PUBLIC WORKS MUTUAL AID AGREEMENT City Manager Saunders explained that the Florida Chapter of the American Public Works Association had developed a mutual aid agreement to be used by local governments to facilitate emergency assistance between the participating governments. It was further explained that under the agreement basic procedures are set forth for requesting and providing emergency assistance and for the reimbursement of resul ting expenses, with the State Division of Emergency Preparednes s serving as a central deposi tory for the agreements. Mr. Saunders continued by stating that this was a VOluntary agreement and the Ci ty was not committed to provide assistance under the agreement, but the agreement would act as a vehicle for which procedures are set up in the event we would provide or request assistance in a time of emergency. It was also mentioned that the Florida League of Cities and the Florida Association of Counties supported the agreement. 89-177 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO ENTER INTO THE PUBLIC WORKS MUTUAL AID AGREEMENT. RESOLUTION #647 City Manager Saunders explained that the South Lake e" e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 1989 PAGE -6- Development Council had requested that the City adopt a resolution in support of the possible elimination of toll calls from the 394 prefix to certain Orange, Seminole and Osceola County prefixes. It was further explained that there would be an additional monthly charge for this expanded dialing service, but it would relieve the toll charges people now incur when calling those areas listed in Appendix "A" of the resolution. Much discussion ensued concerning the resolution. Lloyd Wirey, Manager of the Orange Lake Mobile Home Park, located just east of Clermont stated that he and the residents of the park would greatly appreciate this type of service because they have to pay long distance rates to call Clermont where their children go to school. Bob Richenberg also stated that he would favor this type of service being offered. 89-178 There being no further discussion, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #647. THE RESOLUTION WAS READ BY MAYOR POOL BY TITLE ONLY. TWELFTH STREET PARK CONTRACT AWARD City Manager Saunders reported that after much negotiating with Dewitt Excavating and Superior Asphal t, the original bidders on the construction of Phase I of the Twelfth Street Recreation Complex, it was recommended by City Engineer Springstead that the City accept the resubmitted proposal of Superior Asphalt in the amount of $517,849. 75. Bid recap sheets were given each Council Member and City Manager Saunders went over and explained in detail each item of the bids which was deleted from the original bid or was changed. 89-179 After some discussion of the changes, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT THE PROPOSAL FROM SUPERIOR ASPHALT IN THE AMOUNT OF $517,849.75. City Manager Saunders then stated that a formal ground breaking ceremony would be scheduled in the near future. ADOPTION OF OFFICIAL NAME OF THE PARK City Manager Saunders stated that at a previous workshop, it was the consensus of Council to name the park the Palatlakaha Recreation Area, and that the Parks and Recreation Board at their last meeting discussed this name and voted to recommend approval of this name to the City Council. e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 1989 PAGE -7- Lucy Blake and Cecil Smart, who were present in the audience, expressed their opposition to the name due to the difficulty children would have in pronouncing the name. 89-180 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TORVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO NAME THE NEW PARK THE PALATLAKAHA RECREATION AREA. At this point in the' meeting, City Manager Saunders asked Council approval of an underground wiring fee of $5,147 from Florida Power for the recreation area, which consisted of a pad mounted transformer and three phase underground wiring. 89-181 After 'a brief discussion of the fee, A MOTION WAS MADE BY COUNCIL MEMBER, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPROVE THE COST OF THE UNDERGROUND WIRING FOR THE PALATLAKAHA RECREATION AREA IN THE AMOUNT OF $5,147. COOPER MEMORIAL LIBRARY City Manager Saunders stated that the Library Board was requesting permission to add a sun trellis to the parking lot entrance to the library. The purpose of the trellis is to provide shade for the entrance, and it will be constructed with funds donated to the library at no expense to the City. The trellis is believed to be the solution to the sticking rear door problem. Local architect, Nick Jones, donated the design of the trellis to the Library. The City Manager recommended approval with the condition that a registered commercial contractor be used for the addition. 89-182 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOW THE CONSTRUCTION OF THE SUN TRELLIS BY A COMMERCIAL CONTRACTOR. Council Member Norquist abstained from voting on the request stating that as a commercial contractor he would be bidding on the project. MONTROSE STREET WATER SYSTEM - CHANGE ORDER #1 City Manager Saunders explained to Council that the change order was for the recently completed Montrose Street Project, and would decrease the contract in the amount of $6,863 as outlined on page two of the change order. The decreased price inCludes 14 days of liquidated damages amounting to $3,500 and a decrease for some neces sary field changes made in the loca tion and length of pipe and different connections. The revised total contract amount will be $146,417. City Manager Saunders also asked for final acceptance of the project into the city water system. e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 14, 1989 PAGE -8- 89-183 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDER #1 RESULTING IN A DECREASED CONTRACT PRICE OF $146,417, AND GRANTING FINAL APPROVAL AND ACCEPTANCE OF THE PROJECT INTO THE CITY SYSTEM PUBLIC COMMENTS Cecil Smart thanked the Council for the sign at Veterans' Park and asked that consideration be given to placing a bench in the park. There being no further business or discussion, the meeting adjourned at 9:50 p.m. ~a~ Robert A. Pool, Mayor Attest: ile, Finance Director