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09-10-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 10, 1996 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Cole; Council Member Dupee; Council Member Norquist, and Council Member Sargent. Other officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, Finance Director Van Zile, and Deputy City Clerk Whiflock. INVOCATION The Invocation was offered by City Manager Saunders followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINU'I~S The minutes of the Regular Council Meeting held August 27, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Council Workshop Council Members agreed to hold a Council Workshop on Tuesday, September 17, 1996 at 6:00 p.m. in the Conference Room at City Hall. FINANCE DIRECTOR VAN ZILE'S REPORT Quarterly Pension Board Meeting CoUncil Members agreed to hold a quarterly Pension Board Meeting on Tuesday, September 24 at 7:00 p.m. in the Council Chambers. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 Page 2 COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee conveyed an open invitation to the Chamber Breakfast to be held 7:30 a.m on Friday, September 20, 1996 at Jenkins Auditorium. Dave Warren with the Lake County Tourism Development Council and Randy Johnson with the Orlando Area Sports Commission will highlight sports in South Lake County. South Lake Hospital will be hosting a Business After Hours on September 26 from 5:00 p.m. to 7:00 p.m. and will display a prototype of the new hospital. VISITORS WITH BUSINESS Fred Fox Enterprises - Community Development Block Grant David Fox of Fred Fox Enterprises stated that the Citizens Advisory Task Force met on September 3 and are recommending the following five homes for rehabilitation: Lola Chandler Jessie Keys Abraham Logan James & Alene Shepherd Marie & Dennis Wright 532 E. Broome Street 797 E. Juniata Street 556 E. Broome Street 721 Pitt Street 513 Shady Nook 96-183 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the above_five homes for rehabilitation in the Communi~_ Development Block Grant Mr. Fox stated that the Task Force also recommended the following four homes be named alternates, listed in order, as follows: 1. Edith Jackson 2. Veola Hobbs 3. Daisy Clark 4. Willie Bell Johnson 689 Pitt Street 328 Chestnut Street 769 E. Montrose Street 764 E. Montrose Street CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 Page 3 96-184 A motion was made by Council Member Sargent. seconded by Council Member Cole, and carried unanimously to approve the above four homes as alternate rehabilitations, listed in order of priority. Mr. Fox stated that the Task Force also recommended two homes to be replaced, with two replacement alternatives, as follows: Replacements: Annie Knight Virginia Dean 936 10th Street 1042 School Street Alternatives (prioritized) 1. Watson Dorty 2. Jackie Taylor 722 Minneola 918 School Street 96-185 A motion was made by Council Member Cole. seconded by Council Member Norquist, and carried unanimously to approve the above two replacement homes and above two replacement alternative homes. Mr. Fox stated that the Task Force also recommended the following bids to be awarded: Eileen Beaupry Beatrice Burt Bobble Clarke William Lott Nettie Robinson 1130 Magnolia Street 749 E. Montrose Street 1446 Disston Street 650 E. Juniata Street 812 Scott Street $18,517.00 $17,270.00 $10,454.00 $13,429.00 $14,989.00 Pearce Construction Pearce Construction Donle Construction Donle Construction Pearce Construction 96-186 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously to award the above 6 bids for Communi~. Development Block Grant rehabilitations (3 to Pearce Construction and 3 to Donle Construction). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 Page 4 Mr. Fox stated the Task Force recommended the following homes request assistance from Affordable Housing by Lake for S.H.I.P. Funds: Louvenia Benjamin David & Sandra Cox Ruthie Pace Susan Washuta 579 E. Broome Street 629 1 lth Street 580 E. Highland Avenue 830 West Avenue 96-187 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to require the above four homes request S.H.I.P. _funds. Mr. Fox also stated that approval is requested of Change Order #1 to Donle Construction for Susana Brown's home at 1009 Disston Avenue. This includes $920 for 46 sheets of 1/2" plywood for the roof and $200 to replace a water heater, for a total of $1,120. 96-188 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously to approve Change Order #1 in the amount of $1,120 to Donle Construction for the Susana Brown home at 1009 Disston Avenue. Mr. Fox stated that Irene Abraham was previously approved, contingent upon receiving assistance from Lake County S.H.I.P. funds. Approval of those funds has been received. 96-189 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve Irene Abraham contingent upon approval of $10,000 from Lake CounU S.H.I.P. funds. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 Page 5 Star Development, Inc. - Variance Request City Manager Saunders stated that the applicant is requesting a front set-back variance from 25' to 22.11' for a house under construction on North Ridge Blvd. near the entrance of North Ridge Subdivision. Mayor Pool stated the request requires that a Quasi-Judicial hearing be held and anyone wishing to speak in favor of or in oppo- sition to the request must be sworn in. City Clerk Van Zile swore in the following: Don Burris 1475 10th Street, Clermont Roy Caughell 14426 Clearando, Clermont Anthony Lightman 9507 Castleford Pt., Orlando Anthony Lightman stated he is the contractor and it was his decision to flip the house so that all the driveways will be on the same side along North Ridge Blvd. When the roof was under construction, they discovered that the garage portion of the home encroached and he stopped construction and applied for a variance. Don Burris stated that he thought the variance should be denied since he asked for the same type of variance several years ago when building his home, and it was denied. Roy Caughell stated he is the closest neighbor and he can't see anything wrong with the present setback. City Manager Saunders stated that this is the first lot on the south side of North Ridge Blvd. as you enter the development. In addition to having a set-back problem, there is a plat requirement that provision be made for the driveway of this lot enable the home owner to access North Ridge Blvd. without backing onto the street which will require some sort of turn-around or circular driveway. The original site plan that was approved with the garage on the right-hand side provided access onto Clearando Drive which would have met the requirement for not backing onto North Ridge Blvd. When the house was flipped, the driveway access changes to North Ridge Blvd. He explained that the Land Development Regulations are very clear that a hardship not created by the applicant must be shown to grant any variance request. Staff recommendation is for denial of the variance request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 Page 6 Anthony Lightman stated that all the homes on North Ridge Blvd. will have a car turn-around. He stated that $25,000 to $30,000 has been put into the home and it would cost about $75,000 to re-build. 96-190 A motion was made by Council Member Norquist, seconded by Council Member Cole and carried three to two, with Mayor Pool and Council Member Sargent voting nay_, to deny the variance request for 1005 North Ridee Blvd. Bob Wade - Resolution No. 912 City Manager Saunders stated that Mr. Wade is requesting a Conditional Use Permit for the operation of an out-patient clinic and wellness center in a portion of the shopping center located at the southeast corner of S.R. 50 and Bloxam Avenue. Five variances are also requested, as follows: 1) 2) 3) 4) 5) The use of 2' of City right-of-way along Bloxam Avenue in order to meet the 5' landscape buffer requirement. To not be required to install permanent irrigation for the landscaping. To not be required to install a dumpster enclosure. To reduce the size of the landscape islands from the required 5' x 18'. To allow 48 % of the parking spaces to be 9' spaces considered compact under our Code whereas a maximum of 10% is allowed. Mayor Pool read Resolution No. 912 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 Wade, 1363 Lake Shore Drive, Clermont. Mr. Wade stated the Conditional Use Permit and variances are needed to remodel an existing shopping center built in 1973 at the corner of S.R. 50 and Bloxam Avenue. The only addition requested is a drive-through on the west side. He asked for a CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 Page 7 variance for permanent dumpster enclosures because a natural hedge would be better and permanent enclosures would not fit. He requested that a variance be granted for no permanent irrigation as he will be using xeriscape landscaping. Mr. Wade showed a site plan with terminal island landscaping approximately 60 % of the required size and stated they will provide better traffic flow. Mr. Wade then pointed out a revised landscape design along Bloxam Avenue which replaced the required landscape buffer with landscape islands. City Manager Saunders stated that this configuration would require a variance which had not been advertised for tonight's meeting and that this was a new design that had not been previously discussed. City Manager Saunders stated the Planning and Zoning Commission recommended approval of the Conditional Use Permit for the use as requested for an out-patient clinic and wellness center and staff also recommends approval. The staff also recommends approval of Variance request #1, the use of 2' of street right-of-way for 5' landscape buffer and #5, the increased amount of 9' spaces since this is an existing building and this will maximize the number of spaces. The staff recommends denial of Variance request #2, for no irrigation as it is necessary to have irrigation on landscaped areas in order for them to develop and be maintained properly even with the use of xeriscape plants. Staff recommends denial of Variance request #3 for no dumpster enclosure which is a standard requirement in the Code which was adopted in October of 1994. He stated that if a dumpster is required and there is room, there would be room for an enclosure. Staff also recommends denial of Variance request #4 for the terminal landscape islands to be less than the minimum requirement of 5' by 18' per the Landscape Code. Mr. Wade stated that the shopping center is not new. There is not room for perm- anent dumpster enclosures. He stated his past experience in using xeriscape plants was successful without permanent irrigation and he did not want to tear up an existing parking lot. He also explained that utility people have shown there are utilities located in the Bloxam Avenue right-of-way and a buffer will not be possible. City Manager Saunders stated that only those advertised variance requests can be addressed at the meeting and the deletion of a buffer on Bloxam Avenue was not advertised. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 Page 8 Mayor Pool asked if parking spaces would be lost if 5' by 18' terminal islands were installed. Mr. Wade stated that no spaces would be lost, however, better traffic flow will occur if the smaller islands are allowed. Mr. Wade also stated that he was just told that sidewalks will be required along the two street frontages and he objected to that requirement. City Manager Saunders stated that a variance request had not been advertised for a sidewalk variance and it could not be addressed at this meeting. Mayor Pool closed the public heating. 96-191 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution No. 912. 96-192 96-193 96-194 96-195 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to approve a variance request to use 2' of CiU right-of-way along Bloxam Avenue in order to meet the 5' landscape buffer requirement. A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried four to one with Mayor Pool voting nay_ to deny the variance for permanent irrigation for the landscaping. A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to deny a variance to install dumpster enclosures. A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to deny a variance to reduce the size of the landscape islands from the required 5' by I8'. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1996 Page 9 96-196 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve a variance to allow 48% of the parking st)aces to be 9' spaces. NEW BUSINESS Audit Agreement - Greenlee, Kurris, Rice and Brown City Manager Saunders requested approval of an Audit Agreement with Greenlee, Kurras, Rice and Brown for fiscal year ending September 30, 1996. This firm has provided audit services for the City for several years. Finance Director Van Zile stated that the amount of $22,000 is the same fee that has been charged for the last five years. 96-197 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the Audit Agreement with Greenlee, Kurras, Rice and Brown for fiscal year ending September 30, 1996for $22,000. There being no further business or discussion, the meeting adjourned at 9:40 p.m. Robert A. Pool, Mayor ~-~ Attest: ~Jo~eph'E. Va~, C~ty Clerk