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09-13-1994 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 13, 1994 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, Council Member Cole, Council Member Ivey and Council Member Norquist. Other City officials present were City Manager Saunders, 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 Council Meeting held August 24, 1994 and Workshop Meetings held July 19, August 9 and August 16, 1994 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Meeting Council Members agreed to hold a Council Workshop meeting on Thursday, September 22, 1994 at 7:00 p.m. in the City Hall Conference Room to meet with Bob Beaugrand, Mt. Dora Community Redevelopment Director. South Lake Memorial Hospital Annual Children's Health and Fun Festival City Manager Saunders stated that South Lake Memorial Hospital is again planning an annual Children's Health and Fun Festival on October 1 from 10:00 a.m. to 1:00 p.m. at Center Lake. They would like to close 8th Street immediately in front of the Hospital the same manner they did a few months ago at the Health Fair. Council Members asked that directional signage be added as was recommended last spring. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 2 94-132 A motion was made by Council Member Turville, seconded by Council Member Ivey_ and carried unanimously to approve closing 8th Street from 10:00 a.m. to 1.'OO p. m. from Broome Street to Juniata Street. (10/1'/94) COUNCIL MEMBER NORQUIST'S REPORT Council Member Norquist stated that on Friday, September 16 there will be a meeting in DeLand with the Department of Environmental Protection and the Department of Transportation and others regarding Phase II of the Rail to Trail east of Clermont to the Orange County line. The purpose of the meeting is to coordinate the 'two state agencies. Clermont and Minneola City Councils are very involved and it would be helpful if a letter were sent to Nancy Huston, head of the project at the Department of Transportation explaining the likelihood of a trail corridor through the Maury Carter property. City Manager Saunders stated he would send a letter as soon.as possible. MAYOR POOL'S REPORT Mayor Pool stated that a ribbon cutting ceremony was held on Monday, September 12 at Exceletech. Grind Master has joined with Exceletech and will employ about 60 people making a state-of-the-art solid waste reduction machine. MAYORAL PROCLAMATION Mayor Pool read a proclamation declaring Constitution Week as September 17 to 23 and urged citizens to pay special attention during that week to our Federal Constitution and the advantage of American Citizenship. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 3 .VI. SITORS WITH BUSINESS John & Mary Rocker, Variance Request City Manager Saunders stated that the Rocker's carport was recently demolished by a falling tree limb and they are proposing to replace the carport and storage shed as shown on the sketch with an enclosed garage and storage area. They do not propose to extend the garage any closer to Bowman Street than the location of the carport, however, they do request to wi~den the carport to the north. They are requesting a variance to the rear yard setback for 13'9" where 25' is required, and a side yard setback from street of 23' where 35' is required. The old carport was set back approximately 18' from the rear property line and the request is now for a setback of 13'9" to accommodate a two-car garage and a 5' storage area. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. John Rocker, 320 E. Lake Shore Drive was sworn in by City Clerk Van Zile. Mr. Rocker stated that since the carport is demolished, they would like to rebuild a garage in its place for more security. They have a hardship in that they get mail delivery and garbage collection on Bowman Street. The driveway is also off Bowman Street and they enter the house from Bowman Street, so they consider the house to front Bowman Street. Mr. Rocker said his architect reviewed the plans again and the garage can be 2' narrower than the submitted plans. City Manager Saunders stated that no additional encroachment is requested for the side yard setback on Bowman Street and the Council has granted this type of variance in the past where no additional encroachment into the required setback is proposed. However, the rear yard setback was 18' from the property line for the carport and the request is to decrease that setback to 13'9". The storage area could be eliminated which would allow the proposed garage to be built without extending any further into the rear yard than what existed with the carport and the storage facility could be constructed to the north of the utility room as shown on the site plan without 'any CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 4 further encroachment into the rear yard. The Code does allow a 100 sq. ft. stand- alone storage unit can be built within 36" of the property line. Mr. Rocker stated there are electrical panels, irrigation meters and an air handler to consider. City Manager Saunders stated that the new Land Development Regulations require comer lots to be 15 % larger because of the two-street set-back and rear yard setback. Mayor Pool closed the Public Heating. 94-133 94-134 A motion was made by Council Member Turville to grant the side yard setback variance of 23' and deny_ the north side rear-yard setback variance. This motion died for lack of a second. Council Member Norquist stated that because of the corner lot situation and the fact that the existing house was built before the Code was imposed, he moved to grant a 23' side yard setback (on Bowman Street) and an additional 2' encroachment into the rear yard (total setback of 15'9~). This motion was seconded by Council Member Ivey_ and carried four to one with Council Member Turville voting nay. Downtown Clermont Association, Oktoberfest Celebration Request City Mahager Saunders stated that the Downtown Clermont Association is requesting approval of the Oktoberfest Celebration to be held Saturday, October 22. The planned events are similar to last year's Oktoberfest except they are planning for the finish line of the Grand Floridian Triathlon to be on Montrose Street. Mr. Robert Porter of the Downtown Clermont Association explained that the Beer Garden will be in the same place as last year which is well-removed from the Triathlon finish line. He stated there were no incidents of complaints last year except for bad weather. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 5 94-135 A motion was made ~ Council Member Turville, seconded by Council Member Cole and carried four to one with Council Member Ivey_ voting nay_ to approve the Oktoberfest Celebration on Montrose Street on October 22. UNFINISHED BUSINESS City Manager Saunders asked that the Property Purchase Agreement (listed last under Unfinished BusineSs) be moved to the first item because all the other items are contingent upon its approval. C6uncil Members agreed. Property Purchase Agreement City Manager Saunders stated that this agreement is between the City and Clermont Groves, Inc. for the purchase of a 18 acre well site and a 45 acre sewage treatment plant site at the southern end of Hancock Road south of Johns Lake Road. Payment will be made through 100% of the impact fees collected on Clermont Groves (on which two developments are proposed) and 25 % of impact fees on other developments utilizing the new system until they have been reimbursed for the full purchase price of the property. The full payment for the property will be made with impact fees collected from approximately the first 175 homes. City Manager Saunders stated that a temporary package plant will be installed on the 45 acre site while the permanent 1 million gallon minimum sewage treatment plant is being planned. It is also intended that one of the golf courses being planned will be used for the disposal of re-use water, or Clermont Groves agrees to provide a temporary, alternate spray site if there is no golf course constructed. The well planned for the 18 acre well site will be used to provide water to the Clermont Groves developments and will provide water to homes in the area with EDB contaminated wells. Mayor Pool stated that approximately 300,000 gallons of sewage from the present sewage treatment plant (now exceeding 80 % capacity) will be diverted to the new sewage treatment plant which will be a benefit. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 6 City Attorney Baird stated that the agreement is correct in form and he congratulated City Manager Saunders on his negotiating skills. City Manager Saunders recommended approval of the agreement. 94-136 A motion was made by Council Member Ivey_, seconded by Council Member Norquist, and carried unanimously to approve the property_ purchase agreement with Clermont Groves, Inc. Final Reading of Ordinance No. 271-M City Manager Saunders stated that the ordinance will annex approximately 142 acres lying south of Highway 50, east and west of Hancock Road. Mayor Pool read Ordinance 271-M by title only and stated that the annexation request requires that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Bob Mandell, P.O. Box 3873, Longwood, Florida. Mayor Pool opened the Public Hearing. Mr. Mandell stated that he appreciated the cooperation he has received from the Council and staff. Mayor Pool closed the Public Heating. 94-137 A motion was made by Council Member Ivey., seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance 271-M. Final Reading of Ordinance 272-M City .Manager Saunders stated that the property involved is the same property proposed to be annexed in Ordinance 271-M. Ordinance 272-M will rezone the property annexed from RZR Rural Residential to R-1 Urban Residential and C.2 General Commercial. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 7 Mayor Pool read Ordinance 272-M by title only and stated that the request requires that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Bob Mandell, P.O. Box 3873, Longwood, Florida. No questions or comments were made and Mayor Pool closed the Public Heating. 94-138 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to Ordinance 272-M. Maynard Knapp, Resolution #826 City Manager Saunders stated that this is a conditional use request for a planned unit development which will consist of 299 single family residential lots and a future commercial area on property to be annexed under Ordinance 271-M located on Hancock Road. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Jim Bible, P. O. Box 3873, Longwood, Florida and Bob Mandell, P.O. Box 3873, Longwood, Florida were sworn in by City Clerk Van Zile. Mr. Bible stated he was there to answer any questions. He also asked if the clarifications included in the September 8, 1994 letter (items 1-4 and one further clarification paragraph) from City Manager Saunders would be included in the Conditional Use Permit. City Manager Saunders stated they were clarifications only and would not change the intent, however, they could be incorporated into Section 3 as//9 of the Conditional Use Permit. Mayor Pool closed the Public Hearing. 94-139/ A motion was made by Council Member Cole, seconded by Council Member Turville and carried unanimously by roll call vote to _.ad. opt" Resolution #826 incorporating items 1-4 and the further clarification paragraph in Ci~_ Manager Saunders Septembr 8, 1994 letter as Condition #9 in Section 111. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 8 Wholesale Agreement with Lake Hills Utilities, Inc. City Manager Saunders stated that this agreement is between the City of Clermont and Lake Hills Utilities, Inc. for the purchase of potable water to supply residential units to be constructed on the 142 acres to be annexed under Ordinance 271-M. Mayor Pool opened the Public Hearing, however, no comments were received and the Public Hearing was closed. 94-140 A motion was made by Council Member Norquist, seconded by Council Member Ivey_, and carried unanimously to enter into the Wholesale Agreement with Lake Hills Utilities. Utility Services Agreement This agreement is between the City and MAK Development regarding a utility system on the property to be annexed under Ordinance 271-M. The agreement outlines the developer's responsibilities for construction of a utility system and commits the City to provide water and waste water service for the development. Mayor Pool opened the Public Hearing, however, no comments were received and the Public Hearing was closed. 94-141 A motion was made by Council Member Ive~, seconded by_ Council Member Cole. and carried enter into the Utility Services Agreement with MAK Development. NEW BUSINESS Introduction of Ordinance No. 273-M City Manager Saunders 'stated that Ordinance No. 273-M is for introduction only with the final reading on September 27. It includes the new rate schedule for water and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 9 sewer services to become effective October 1, 1994. Mayor Pool read Ordinance No. 273-M by title only. 94-142 A motion was made by CoUncil Member Cole and seconded by Council Member Norquist to introduce Ordinance No. 273-M. Lease Agreement with Lake County for old Police Department 'City Manager Saunders stated that Lake County has approached the City in regard to leasing the old Police Department for their Sheriff's Substation and Building Department. The Council needs to determine whether to lease the building at all or to lease the entire building except the Fire Department area. City Manager Saunders stated that the Council Meeting could be held in the Community Services room at the Police Department which will seat between 30-35 people in addition to the Council. If a meeting requires a larger area, the back-up would be Jenkins Auditorium.- 94-143 A motion was made by Council Member Turville, seconded by Council Member Cole and carried unanimously to move forward with a lease agreement with Lake Count_ for the old Police Department building with the exception of the Fire Department space. Change Order for Bloxam Avenue Extension City Manager Saunders stated that once the project began, it was recognized that some things could be done much cheaper now than in the future. We are proposing to re- construct Grand Highway from its intersection at Highway 27 west through the intersection with Bloxam Avenue. This improvement would include new curb and gutter, drainage structures to eliminate the drainage problem which exists in this area, and new pavement. A portion of the cost will be paid for by Lake County through Transportation Impact Fees. The City's share of the project will be $30,890. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 13, 1994 PAGE 10 Also included in the Change Order is $16,725 of which the City previously agreed to pay half for additional water line improvements. 94-144 A motion was made by Council Member Ivey_, seconded by Council Member Norquist, and carried unanimously to approve Change Order #1 for the Bloxam Avenue Extension. There being no further business or discussion, the meeting adjourned at 8:58 p.m. Attest: Robert A. Pool, Mayor van/'~~Zile, t~Clerk/