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10-24-1989 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, October 24, 1989 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 Tern Turville, Council Member Dupee, and Council Member Norquist. Excused absence: Council Member Cole. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, 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 Workshop Meeting held September 19, 1989 and the Regular Meeting held October 10, 1989 were approved as presented. REPORTS CITY MANAGER SAUNDER I S REPORT SPECIAL COUNCIL MEETING City Manager Saunders stated that he wished to hold a Special Council Meeting on Thursday, October 26, 1989, at 6:00 p.m. in the Ci ty Hall Conference Roam to di scuss employee insurance and the Twelfth Street Park. It was the consensus of Council to hold the meeting then. LAKE COUNTY WATER AUTHORITY It was reported that the next meeting of the Lake County Wa ter Authority would be held on Wednesday, October 25, 1989, at 5:30 p.m. at their building in Tavares. FIRST CHURCH OF THE NAZARENE REQUEST TO HOLD OUTDOOR CONCERT It was reported that the First Church of the Nazarene located on Grand Highway was requesting to hold a picnic and outdoor concert on the church grounds on Saturday, November 25, 1989. After a brief discussion, it was the consensus of Council to grant the reques t. BIDS FOR PHASE I CONSTRUCTION OF TWELFTH STREET PARK City Manager Saunders reported that four companies had indicated an interest in bidding on the project, but only two bids had been received for construction of Phase I of the Twelfth Street Park, and both bids were considerably higher than the estimated cost of $570,000 for the project. The bids were as follows: DeWitt Excavating $739,473 and Superior Asphalt $796,094.75. Due to the e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 PAGE -2- discrepancy between the estimated cost of the proj ect and the actual bid prices, City Manager Saunders asked Council permission to negotiate for a better price with the two bidders. 8~-153 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO REJECT BOTH BIDS AND HAVE CITY MANAGER SAUNDERS NEGOTIATE WITH BOTH BIDDERS TO OBTAIN A BETTER BID PRICE. COUNCIL MEMBER DUPEE'S REPORT WATER SAMPLE BOTTLES It was mentioned that same company had been distributing water sample bottles in Clermont which stated that they would test a person's water for free. City Manager Saunders stated that he was aware of this, and had contacted the company in question because they had not obtained a solicitor's permit from the City. Also, the City has an ordinance prohibiting the hanging of any advertising materials on a person's door knob, which was the way the water sample bottles were distributed. STATE LEAGUE OF CITIES CONVENTION Mrs. Dupee thanked the Council for allowing her to represent the City at the State League Convention in Jacksonville. Mrs. Dupee gave City Manager Saunders at book entitled "Innovations Showcase" from the convention, and stated that she hoped the City of Clermont would be included in next year's issue. COUNCIL MEMB~R NORQUIST'S REPORT RAILS TO TRAILS Council Member Norquist stated that he was very much interested in the Rails to Trails movement in South Lake County and reported that a meeting of the organization would be held on Wednesday at 7:30 p.m. in the NCNB Bank Building. Mr. Norquist then stated that he needed feedback from the Council as to whether they supported the group in their endeavors to create a park on the old railroad right-of-way from Mascotte to Winter Garden. In order to obtain state funding to purchase the right-of-way, support is needed from the local level to put the project on the top of the funding list. Council Member Dupee stated that the City favors the concept, but had reservations about allowing a horse trail through the City. Concerns had been previously expressed concerning the watering of the animals at the Jaycee Beach area and the other associated e' 'e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 PAGE -3- problems. After some discussion of the pitfalls of such a project and the feasibility of buying back the right-of-way, it was the consensus of Council to support the Rails to Trails concept. Council Member Norquist stated that he would convey the Council's support of the project at the meeting. NILSA WHITEHEAD'S REPORT As Chairperson of the Parks and Recreation Board, Mrs. Whitehead reported that the Board and members of the Clermont High school Future Farmers would be planting trees at the West Beach Park at 8:00 a.m. on saturday, october 28, 1989. All Council Members were urged to bring their shovels and help with the project. Mrs. Whitehead then thanked South Lake Memorial Hospital for the donation of a feeder for Center Lake, like the one donated by Kurfiss Funeral Home. VISITORS WITH BUSINESS MARY R. KENNEDY - REQUEST FOR OPEN AIR SALES PERMIT FOR B.G.'S JEANS, 192 WEST HIGHWAY 50 Mrs. Kennedy is the owner of B.G.'s Jeans, Inc. which is located at 192 West Highway 50 appeared before Council and requested a permanent open air sales permit for one day a week to display clothing in front of her store on saturdays. Mrs. Kennedy explained that in the past, she had been issued temporary open air sales permits for Saturday outside displays which had helped bolster her business and had not created any problems, but that she was tired on repeatedly writing requests for the permit in order to have the outdoor display on a regular basis. City Manager Saunders explained that the City's ordinance allows an open air sales permit for up to thirty days to be issued by the City Manager, and if Mrs. Kennedy's place of business was in the Central Business District or a Shopping Center, she would not have to get an open air sales permit because outside displays were allowed in those places. Nilsa Whitehead stated that she did not favor granting the request because the business was located at a dangerous corner and the outside display created traffic problems. She also stated that she fel t the Council was trying to get away from a "flea market II look along Highway 50, and this just pe~petuated that image. Council Member Turville stated that he did not favor the extended permit and felt things should remain "status quo". 89-154 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO DENY THE REQUEST FOR THE PERMANENT OPEN AIR SALES PERMIT AT 192 WEST HIGHWAY 50. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 PAGE -4- Mrs. Kennedy was advised by Council to obtain permission for several days at one time in order to eliminate same of the paperwork involved in the permitting process. BILL BIRCHFIELD - REQUEST FOR USE OF JAYCEE BEACH FOR CIRCUS Mr. Birchfield and members of the VFW Post #5277, sponsors of the show, appeared before Council to request the use of the Jaycee Beach area across from the Highlander Hut for the Birchfield and Liebel Big Top Circus. Mr. Birchfield stated that there would be two performances on Wednesday, December 20, 1989, and as indicated in the copy of the agreement signed by the VFW and circus, a one million dollars liability insurance policy naming the City as the co-insured will be provided. It was also discussed that the tent meets all fire regulation requirements and portable toilets will be provided for the performances. Mr. Birchfield further stated that the circus will consist of a baby elephant, trained dogs and ponies, clowns, magic, jugglers, aerialists, and other novelty acts, with the duration of the show being sixty to ninety minutes. The performances will begin at 6:00 and 8:00 p.m. City Manager Saunders stated that Mr. Birchfield had presented magic shows at Jenkins Auditorium for the past two years which have been well received and that there had been no problems with these performances. After a brief discussion of the request, the Council expressed concern over traff ic control at the site. Members of the VFW stated that they would be available to direct traffic to parking sites at the beach. 89-155 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT PERMISSION TO USE THE JAYCEE BEACH AREA FOR THE BIRCHFIELD AND LIEBEL CIRCUS SPONSORED BY VFW POST #5277, WITH PERFORMANCES ON WEDNESDAY, DECEMBER 20, 1989 AT 6:00 AND 8:00 P.M. RESOLUTION #642 - WILLIAM LAWSON, REQUEST FOR A CONDITIONAL USE PERMIT RENEWAL TO CONSTRUCT A 10,000 SQUARE FOOT STRUCTURE AT 1060 WEST HIGHWAY 50 City Manager Saunders explained that Mr. Lawson was previously granted a CUP for the construction of a 10,000 square foot structure at 1060 West Highway 50, but failed to execute his CUP in the required 90 days, and therefore, under our ordinance the permit lapsed. Mr. Lawson is requesting renewal of the same Conditional Use Permit. e - CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 PAGE -5- 89-156 A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #642 RENEWING A CONDITIONAL USE PERMIT FOR LAWSON PLUMBING TO CONSTRUCT A 10,000 SQUARE FOOT STRUCTURE AT 1060 WEST HIGHWAY 50. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #641 - DR. ARTHUR MARCECA, REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH A PROFESSIONAL OFFICE IN THE R-3-A DISTRICT LOCATED AT 180 EAST HIGHLAND AVENUE Dr. Marceca appeared before Council to request a CUP to establish professional office in an existing structure located in the R-3-A area at 180 East Highland Avenue. Dr. Marceca also stated that he was requesting an easement over the Drew Avenue right-of-way in order to install a driveway to his property. City Manager Saunders then explained that the proposed parking for Dr. Marceca's office is perpendicular to the Drew Street right-of- way, and that he needs the access across the right-of-way to be able to utilize the property as requested. Mr. Saunders further stated that if the easement is granted for the driveway, prior to issuance of any permits or in conjunction with the issuance of the permits for the project, Dr. Marceca should be required to sign an agreement that in the event Drew Avenue is opened in the future, by either the City or in connection with development of the property to the east, he or any subsequent owner of the property will be required to pay one-half of the costs for the construction of the street. This requirement would be added as Condition #14 to the Conditional Use Permit. Dr. Marceca stated that he understood what was being said and that he would be willing to sign an agreement to that affect. Under discussion of the request, concern was expressed by Council Member Turville as to who would pay for repairs to the driveway if for some reason the City or Department of Transportation would have to dig it up. After some discussion, it was the consensus of Council that Dr. Marceca should pay for any repairs to the driveway, and that this item should be added to the CUP as condition #15. Dr. Marceca also agreed to this requirement. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the request. It was also stated that the Planning and Zoning Commission at their meeting held October 3, 1989, had recommended approval of the request. There being no further discussion of Dr. Marceca' s request, A 89-157MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #641, AS AMENDED ABOVE, GRANTING A CONDITIONAL USE - - CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 PAGE -6- PERMIT FOR A PROFESSIONAL OFFICE IN THE R-3-A DISTRICT LOCATED AT 180 EAST HIGHLAND AVENUE. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION # 643 - CURTIS RUTZABECK, REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A HELICOPTER STOP IN THE C-2 ZONE LOCATED AT 141 HIGHWAY 2::7, THE CITRUS TOWER Mr. Rutzabeck appeared before Council to reques t a Condi tional Use Permit to operate a helicopter stop in the C-2 Zone located at the Florida Citrus Tower. Mr. Rutzabeck stated that he wished to operate between the hours of 8:00 a.m. and 5:00 p.m seven days a week from the site located west of the Citrus Tower's main building (site "A"). Mayor Pool called for comments concerning the request from those present. Mr. and Mrs. Jack Toole, owners of the Wax Museum at the Citrus Tower, stated that they opposed the heli-stop due to the noise and vibrations caused the helicopters as they landed and took off from site "A". They also asked why they were not notified of the demonstration flights which took place at noon on Monday, October 23 , 1989 . Tom Jodway and Bonnie Clark, owners of Motel 8, opposed the operation of the heli-stop because of the noise disturbing the people who stay at the motel during the winter months, particularly the older guests who stay for several months at a time. Ms. Clark stated that the advertising for the motel emphasized a quiet environment, which would not be maintained with helicopters flying over the motel on a daily basis. Mr. Jodway also expressed his concern that the helicopters will blow dirt and any trash that might be on the landing site onto his property. Council Member Turville expressed his concern that the more successful the business might become, the more unacceptable it will become to the City. Mr. Turville stated that he agreed with the motel owners concerns and did not favor that location for the heli- stop. Council Member Norquist stated that he looked at the heli-stop as a way to increase business at the Citrus Tower and that he favored the request. He also stated that he had flown with Mr. Rutazbeck before and the helicopters he would be using were not that noisy. Council Member Dupee stated that she felt a time stipUlation should be placed in the Conditional Use Permit. After a great deal of discussion concerning the pros and cons of 89-158 the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND CARRIED BY A THREE TO ONE VOTE WITH e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 PAGE -7- COUNCIL MEMBER TURVILLE VOTING NAY, TO ADOPT RESOLUTION #643 AS AMENDED TO INCLUDE A CONDITION #15 LIMITING THE CONDITIONAL USE PERMIT TO ONE YEAR, GRANTING A CONDITIONAL USE PERMIT TO OPERATE A HELl-STOP IN THE C-2 ZONE, LOCATED AT 141 HIGHWAY 27 (FLORIDA CITRUS TOWER). THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 209-M, ANNEXATION REQUEST It was explained that this ordinance would annex approximately 5.9 acres located at the northeast corner of Highway 27 and Steve's Ro ad. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the request. 89-159 There being no discussion or comments, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 209-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. , FINAL READING OF ORDINANCE 210-M, REZONING REQUEST FROM RR TO C-2 OF THE ABOVE MENTIONED PROPERTY It was explained by City Manager Saunders that all newly annexed property in the City is annexed at the highest zoning, which is RR - Rural Residential. The agent for the property is requesting that the property be rezoned to C-2. Mayor Pool called for comments from those present concerning the rezoning request, and no one spoke in favor of or in opposition to the request. 89-160 There being no discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 210-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 PAGE -8- RESOLUTION #644 - BOND RESOLUTION City Manager Saunders explained that Resolution #644 would authorize the issuance of the two million seventy thousand dollars of sales tax revenue bonds previously approved by the Council, and the resolution was the formal approval of the issuance of that loan to the City for funding of the capital projects, which include the Twelfth street Park, the City Garage and the City Hall and Police Department improvements. Finance Director Van Zile then explained that Government Credit Corporation will be the issuer of the bonds, and it will be a "stand alone bond issue". It was fur'ther explained that the City originally intended to pledge only the Infrastructure Sales Surtax as payment of the debt service~ however due to the lack of history of the Infrastructure Sales Surtax collections, the Bond Insurer has required the Half-cent Sales Tax Revenue to be a secondary pledge. The pledging of the Half-cent Sales Tax was not believed to be a significant problem due to the ability to release the Half- cent Sales Tax pledge once the annual Infrastructure Sales Surtax has exceeded the bond debt service by 135%. Finance Director Van Zile then read the Resolution by title only. 89-161 After a brief discussion of the resolution, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #644 AUTHORIZING THE ISSUANCE OF SALES TAX REVENUE BONDS TO FINANCE THE COST OF FOUR CAPITAL PROJECTS. THE RESOLUTION WAS READ BY TITLE ONLY BY FINANCE DIRECTOR VAN ZILE. RESOLUTION #646 - AWARDING RESOLUTION #644 Finance Director Van Zile explained that Resolution #646, in conjunction with the previous resolution, outlined in detail the scope of the debt issue and authorized the awarding of Resolution #644. Due to the length of the resolution, by consent of Council, it was not read by title only. 89-162 There being no discussion of the resolution, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #646. At this point in the meeting, City Attorney Baird explained that the City Council must now approve the official statement, purchase contract and all other documents related to the sale of the bonds by motion. 89-163 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIl; MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPROVE THE OFFICIAL STATEMENT, PURCHASE CONTRACT AND ALL OTHER REQUIRED BOND SALE DOCUMENTS. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 19,89 PAGE -9- BOND COUNSEL AGREEMENT City Manager Saunders then explained that the City was required to retain a Bond Counsel for issuance of the loan to the City, and that Chauncey Lever of the firm of Foley and Lardner had acted as our Bond Counsel for previous bond issues. Mr. Saunders then recommended approval of the counsel engagement letter. 89-164 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO APPROVE CHAUNCEY LEVER OF THE FIRM OF FOLEY AND LARDNER AS BOND COUNSEL FOR THE ISSUANCE OF $2,070,000 CITY OF CLERMONT, SALES TAX REVENUE BONDS, SERIES 1989. NEW BUSINESS ELECTION It was explained that although the City was not required to have an election this year because the incumbents ran unopposed, we still must declare the winners of Seats II and IV as being Mr. Turville and Mrs. Dupee respectively. 89-165 A MOTION WAS THEN MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY MAYOR POOL AND UNANIMOUSLY CARRIED TO DECLARE THE INCUMBENTS, MR. TORVILLE, AND MRS. DUPEE WINNERS OF SEATS II AND IV RESPECTIVELY. The Oath of Office will be administered during the first Council Meeting in December. INTRODUCTION OF ORDINANCE 203-M - FRANCHISE AGREEMENT WITH LAKE APOPKA NATURAL GAS It was explained that although the agenda stated that the franchise agreement would be adopted by resolution, it was determined that the agreement must be extended by ordinance. Ordinance 203-M will extend the provisions of that original franchise agreement for a period of twenty-one years, until October 22, 2010. Currently the City is receiving a 6% franchise fee, the same as the Florida Power franchise fee, and it was recommended that the same percentage franchise fee be retained for the renewal of the franchise. It was further explained that the twenty-one year period will allow this franchise to expire at the same time as that of FI or ida Powe r' s and wi II give the Ci ty the oppor tu ni ty to analyze both franchise fees before renewal. The current franchise agreement expires on November 17, 1989. 89-166 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER NORQUIST TO INTRODUCE ORDINANCE 203-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. .' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1989 PAGE -10- INSURANCE - PROPOSED CHANGES TO EMPLOYEE GROUP MEDICAL INSURANCE Discussion of this item was tabled until Thursday's Special Council Meeting. CHRISTMAS DECORATIONS City Manager Saunders explained that $10, 000 was budgeted this year to begin a Christmas Decoration acquisition program, and continued by stating that Staff had compared the cost of decorations through the three main suppliers for this area, and found that Display Sales, who met with the City earlier this year and spent quite a bit of time developing a proposal for the City, is offering the City decorations at a price comparable, and in same cases better than what is available otherwise and with a superior guarantee for thei r prod uct s. City Manager Saunders then requested that Council approve a waiver of the standard bid procedure for purchase of the Christmas decorations and authorize the City to proceed with the purchase of wreaths and banners for the seven standard street lights along the east side of Center Lake and wreaths and pole wraps for the smaller lantern-type posts around Center Lake, and the mul ti-color 1 ighting for the one tree located close to the lift station on the north bank of the lake. Cost of the decor~tions from Display Sales would be approximately $5,140, and includes all installation materials, directions and an on-site person if there are installation difficulties. 89-167 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO PURCHASE THE CHRISTMAS DECORATIONS AS STATED FROM DISPLAY SALES FROM THE $10,000 BUDGETED FOR THE PURCHASE OF CHRISTMAS DECORATIONS. There being no further business or discussion, the meeting adjourned at 9:35 p.m. ~Cz~ -Robert A. Pool, Mayor--- Attest: