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03-22-1994 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 22, 1994 94- A regular meeting of the City Council of the City of Clermont was held Tuesday, March 8, 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, and Council Member Norquist. Council Member Ivey arrived at 7:45. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Whitlock. 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 Regular Council Meeting held March 8, 1994 were approved as presented. CITY MANAGER SAUNDERS' REPORT Council Workshop Council Members agreed to hold a Council Workshop on Tuesday, March 29 at 6:30 p.m. at the City Hall conference room. Vehicle Surplus Declaration City Manager Saunders stated that the Police Department has a 1983 Dodge auto that has been used for spare parts and they would like to have the chassis declared surplus for disposal. 035 A motion was made by Council Member Norquist, seconded by Council Member Cole and carried unanimously to declare the 1983 Dodge as surplus property.. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 22, 1994 PAGE 2 High School Rowing Regatta City Manager Saunders stated that Martin Dennis has requested the use of the Jaycee Beach area on May 14 for the State High School Rowing Regatta. Dumpsters and portables will be used. 94-036 A motion was made by Council Member Cole, seconded by Council Merqber Turville and carried unanimously to approve the use of Jaycee Beach by the High School Rowing Regatta on May_ 14. West Aveaue Property Cleanup City Manager Saunders stated that the City owns property at the end of West Avenue by the old Dole plant ~at will most likely be used as a retention area in the future. Large concrete footings and slabs are on the property that should be removed and are too large to be removed by City crews and equipment. The adjacent D01e property is currently being cleaned up by Major Safety Co. with large equipment that could move the concrete and they have stated they would clean up the property for no more than $1,200. 94-037 A motio~ was made by Council Member Turville, seconded by Council Member. Cole, and carried unanimously to approve Major Safe~_ Co. to clean-up .the West Avenue property for not more than $1,200. Jaycee Beach Area Signage City Manager Saunders stated that the proposed signage for parking at the Jaycee Beach area will take 30 to 45 days to receive after ordering. Council members agreed to discuss the fee amount at the March 29 Workshop meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 22, 1994 PAGE 3 VISITORS WITH BUSINESS Jake Lasley, YMCA Mr. lake Lasley of the YMCA has requested use of the Highlander Hut for the summer program they have held at the facility for the past several years. They also request a reduced rate of $20 per day. 94- 038 A motion was made by Council Member Turville, seconded by Council Member Cole and carried unanimously to authoriz, e the YMCA to use the Highlander Hut for their summer program and approve a reduced fee of $20 per day. Council Member Ivey arrived at this time (7:45). Susan Kennie Variance Request City Manager Saunders stated that Miss Kennie is requesting a variance to the rear yard 25' setback requirement to 15' in order to install an above-ground swimming pool at her home on 640 Anderson Street. Mayor Pool stated that a variance request requires a Quasi-Judicial hearing, and that anyone wishing to speak in favor of or in opposition to the request needs to be sworn in. Susan Kennie was sworn in by City Clerk Van Zile. Mayor Pool opened the hearing. Susan Kennie stated her home is on an odd-shaped lot and the pool does not fit anywhere within the proper setbacks. City Manager Saunders stated that the lot has streets on three sides. The rear lot line of the lot fronts on Shady Nook Drive. Staff recommends denial. Council' Member Turville explained that a smaller setback requirement is applicable for an in-ground pool. Council Members reviewed the site plan and suggested two permissible locations for the pool. Mayor Pool closed the Public Hearing. ~ 94-039 A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to deny the variance request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 22, 1994 PAGE 4 James Buttram Variance Request City Manager Saunders stated that Mr. Buttram is requesting a variance to the 35' required front yard setback to 9' to allow the construction of a 25' x 25' garage at the south end of Nita Place. Mayor Pool stated that a variance request requires a Quasi- Judicial heating, and that anyone wishing to speak in favor of or in opposition to the request needs to be sworn in. The following were sworn in by City Clerk Van Zile: Jim Buttram Eugene Nolan Vernon Gill Evelyn Pelfrey Janet Cox Helen Gallagher 904 S. Main, Windermere, FL 1732 Nita Place, Clermont, FL 1728 Nita Place, Clermont, FL 1730 Nita Place, Clermont, FL 260 Overlook Drive, Clermont, FL 437 Lake Shore Drive, Clermont, FL Mayor Pool opened the Public Hearing. Mr. Buttram stated that the lot is located at the end of Nita Drive, is fan shaped with water on two sides, and has very old oak trees. The garage has been separated from the house to better protect the large trees. He stated there has been a misunderstanding about the size of the house which is proposed to be a two story of approximately 3,200 sq. ft., not 7,000 sq. ft. The total buildable area of this lot after setbacks is approximately 5,700 sq. ft. The drawing is not accurate and the front setback is shown to be 25' rather than the necessary 35'. Mr. Eugene Nolan read a letter in protest of the variance request signed by he and his wife Jessie, Vernon & Agatha Gill, Evelyn Pelfrey, Betty Adkins, Edward & Dorothy Teitge, Margaret Roman, Helen Gallagher, James Tumilty and Alice Tildon. Mr. Vernon Gill stated he opposes the variance request and agrees with the letter of protest. Janet Cox stated she represents the owner, Mrs. Juanita Boyd, who has no objection to the variance request. Mayor Pool closed the Public Hearing. City Manager Saunders stated that Nita Place is a dead-end street that does not have a cul-de-sac, however, the south end of the street must be considered the front yard which requires a 35' setback in the R-lA zoned area. City Ordinance specifically requires that a hardship be shown and staff does not feel there is a hardship and recommends denial. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 22, 1994 PAGE 5 94-040 A motion was made by Council Member Turville, seconded by Council Member Norquist, and carried unanimously to deny the variance request. Lake Christian Fellowship, Resolution No. 815 Mayor Pool stated that Lake Christian Fellowship is requesting a Conditional Use Permit for the operation of a church at 1705 South Grand Highway (M-1 Industrial Distric0. Mayor Pool stated that a Conditional Use request requires a Quasi-Judicial heating, and that anyone wishing to speak in favor of or in opposition to the request needs to be sworn in. The following were sworn in by City Clerk Van Zile: Dick Carlton Jerome Gill 694 Michigan Avenue, Groveland, FL 550 Disston Street, Clermont, FL Mayor Pool opened the Public Heating. Dick Carlton stated the conditions listed in the proposed Conditional Use Permit are fine, however, they would like to have the water turned on so they can use the office area and restrooms before the assembly area is approved for use. He also stated that they understand the 500' law regarding a possible alcohol-related business wanting to locate in the area, and they agree to relocate within 90 days. Jerome Gill stated he is in favor of the Conditional Use Permit. Mayor Pool closed the Public Heating. City Manager Saunders stated that Planning & Zoning and staff recommends approval with conditions as stated in Resolution//815. He stated that they should meet with the Planning Director Harker regarding using the office area before the assembly is approved. 94-041 A motion was made by Council Member Ivey., seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution #815. Robert Kennedy, Jr. Conditional. Use Permit Mayor Pool stated Mr. Kennedy has asked that his request to allow the operation of a laundry/dry cleaning business at 850 Montrose Street be tabled until April 12. CITY OF cLERMONT MINUTES REGULAR COUNCIL MEETING March 22, 1994 PAGE 6 94-042 A motion was made by Council Member Cole, seconded by_ Council Member Norquist, and carried unanimously to table the request until the April 12, 1994 Regular Council Meeting. UNFINISHED BUSINESS Kathryn Ustler, Trustee, Final Reading of Ordinance 262-M Mayor Pool stated that Ordinance 262-M is proposed to rezone approximately 54 acres located north of Jacks Lake Road east of Grand Highway from R-R (Rural Residential) to R-1 (Single Family Residential). Mayor Pool read the ordinance by title only and stated that a rezoning request requires a Quasi-Judicial hearing, and that anyone wishing to speak in favor of or in opposition to the reqUest needs to be sworn in. The following were sworn in by City Clerk Van Zile: Herb Swanson 14423 Wanda Swanson 14423 Mark Swanson 14446 Janice Swanson 14446 April Sheppard 13020 Harry Morrison 14348 Sam Wheeler Bill Carrier Rick McCoy Clerando Drive, Clermont, FL Clerando Drive, Clermont, FL Grand Highway, Clermont, FL Grand Highway, Clermont, FL Jacks Lake Road, Clermont, FL Grand Highway, Clermont, FL Clerando Drive, Clermont, FL 13605 Jacks Lake Road, Clermont, FL 721 West Avenue, Clermont, FL Mayor Pool opened the Public Hearing. Rick McCoy stated they have worked with City staff regarding densities and zoning and have preliminarily planned property density of about 2.6 lots per acre not counting the land in the 100 year flood plain. Harry Morrison asked if the purpose of this heating was only for a change of zoning or if it will also approve the preliminary construction plan. City Manager Saunders explained that the Council is only reviewing the proposed zoning change from R-R Rural Residential to R~I Single Family Residential at this meeting. R-lA requires a minimum of 10,000 sq. ft. per lot which the developer desires for this property, but they want latitude on the lot frontage requirements, which the R-1 District provides. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 2:2, 1994 PAGE 7 Sam Wheeler and Bill Carrier asked if Jacks Lake Road would be abandoned or closed and City Manager Saunders stated that no changes to roads were being considered at this meeting, only a proposed zoning change. Mark Swanson asked if additional traffic in the area was considered. City Manager Saunders stated it would be considered in the next step with the Site Review Committee, and Lake County will also be involved regarding needed improvements to Grand Highway and intersections because Grand Highway is a County maintained Road. Mark Swanson and April Sheppard stated they were the only ones they knew that were contacted regarding the rezoning and asked if others in the area will be notified in the future. City Manager Saunders stated that anyone in the area is welcome to come into City Hall Planning Department to review the progress and all those living in the area will be notified of additional proceedings for this property. Discussion occurred regarding the differences between R-lA DiStrict and R-1 District and Rick McCoy stated R-lA District would provide approximately 20% less lots than R-1 because of the lay of the land. Sam Wheeler requested the property be re-zoned R-lA. Council Member Turville explained that the Council does not have the ability to vote for R-lA at this hearing. April Sheppard stated that she felt the R-lA zoning is far more desirable. Mayor Pool closed the Public Hearing. City Manager Saunders stated that Planning and Zoning and staff recommend approval of the rezoning from R-R Rural Residential to R-1 Single Family Residential. 94-043 A moa'on was made by Council Member Cole, seconded by Council Member Ivey., and carried four to one by roll call vote with Council Member Turville voting nay. to adopt Ordinance 262-M. ' William Gibb, Jr. Trustee, Final Reading of Ordinance 263-M Mayor Pool stated that Ordinance 263-M will rezone approximately 20 acres located adjacent to the northeast corner of the property addressed under Ordinance 262-M from R-R (Rural Residential) to R-1 (Single Family Residential). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 22, 1994 PAGE 8 Mayor Pool read the ordinance by title only and stated that a rezoning request requires a Quasi-Judicial hearing, and that anyone wishing to speak in favor of or in opposition to the request needs to be sworn in. The following were sworn in by City Clerk Van Zile: Rick McCoy 721 West Avenue, Clermont, FL Mayor Pool opened the Public Hearing. Rick McCoy stated that this request is the same as the previous request for Ordinance 262-M, rezoning 20 acres adjacent to the property addressed in Ordinance 262-M from R-R Rural Residential to R-1 Single Family Residential. Mayor Pool closed the Public Hearing. City Manager Saunders stated that Planning.& Zoning and staff recommend approval of Ordinance 263-M. 94-044 A motion was made by Council Member Norquist, seconded by council Member Cole. and carried four to one by roll call vote with Council Member Turville voting nay_ to adopt Ordinance 263-M. NEW BUSINESS John R. Watson, Introduction of Ordinance No. 265-M City Manager Saunders stated that John R. Watson is requesting a platted alley be vacated which runs through his property located south of Seminole Street and 'west of 5th Street. The City would retain easements for ingress, egress and utilities. Mayor Pool stated that Ordinance No. 265-M is for introduction onlY and he read the ordinance by title only. .94-045 A motion was made by Council Member Ivey_ and seconded by Council Member Cole to introduce Ordinance No. 265-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 22, 1994 PAGE 9 Cooper Memorial Library, Site Plan Approval City Manager Saunders reviewed the final site plans for the Library expansion. The south half of the Library's property is located in the Central Business District which allows zero lot line construction and no specific off-street parking requirements. The north half of the property is located in an R-3 zone which allows City owned or maintained facilities and does not have specific requirements as to setbacks or parking requirements for this type of facility. The library proposes to have an 8' building setback from the west property line, however, it is approximately 35' from the nearest building. They also propose to place a mulch parking area in the northwest corner that is currently a vacant parcel for staff parking only. Staff recommends approval. 94-046 A motion was made by Council Member Cole, seconded by Council Member Ivey_ and carried unanimously to approve the final site plan for the Cooper Memorial Libra~_ expansion, approve the mulch parla'ng in the northwest comer, and approve an 8' building setback on the west property_ line. Resolution #816 City Manager Saunders stated that several months ago the Department of Transportation was requested to transfer the existing water retention area at the intersection of Pitt Street and US Highway 27 to the City. The transfer would exclude the Department of Transportation from the permitting loop and it would allow the City to utilize this pit for the Bloxam Avenue extension as well as future water retention needs for the Bloxam Avenue basin lying south of Pitt Street. The Department of Transportation asks that the City adopt a Resolution requesting the transfer. Mayor Pool read Resolution//816 by title only. 94-047 A motion was made by Council Member Norquist, seconded by Council Member Ivey_ and carried unanimously by roll call vote to adopt Resolution #816. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 22, 1994 PAGE 10 The meeting was adjourned for a 10 minute break at 9:24 p.m. Consultant Selection, Lake Minneola Waterfront Park City Manager Saunders stated that the City advertised for Request for Qualifications for Clermont Waterfront Park and received submittals from seven landscape architect firms. The firms were short-listed to three, which the Council will rank after presentations from each (in alphabetical order). Presentations were given from representatives from Design Studios West (DSW), Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc., and Michael & Michael, Inc. 94-048 After discussion, a motion was made by Council Member Cole, seconded by Council Member Norquist. and carried unanimously to rank the firms as follows: !) Michael & Michael, Inc., 2) Glatting. Jackson, Kercher, Anglin, Lopez. Rinehart, Inc.. and 3)Design Studios West. A scope of architectural services for the Waterfront Park together with a negotiated price will be presented to the Council for approval at a regular Council meeting. Letters of thanks will be sent to all submitting firms. There being no further business or discussion, the meeting adjourned at 10:51 p.m. 'Robert A. Po~, Mayor Attest: Van Zile~L~erkf