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07-23-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 23, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 23, 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: Mayor Pro Tem Norquist; Council Member Cole; Council Member Dupee 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 Whitlock. INVOCATION The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held July 9, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Center Lake Electrical Outlets City Manager Saunders stated that the Clermont Kiwanians are planning to have Christmas displays around Center Lake in December. The estimated cost for the extra outlets is $1,025. They have raised $500 raised from the various service clubs and they are requesting that the City be responsible for the balance. 96-157 A motion was made by Council Member Cole. seconded by Council Member Dupee, and carried unanimously to approve $525 for __ndd___itional Center Lake electrical outlets. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 23, 1996 Page 2 Drug Screens City Manager Saunders stated that the City of Clermont is a "Drug Free Work Place" and employees have been required to go to Leesburg if additional testing is required. He recommended that this procedure be amended to allow all testing to be done locally. No objections were made to have these tests done locally. VISITORS WITH BUSINESS Board of Trustee, Lake Sumter Community College City Manager Saunders stated that Lake Sumter Community College is requesting three variances to our sign ordinance to allow the erection of a temporary future improvement sign. Our Code limits a sign of this type to a maximum of 32 square feet. The applicant is requesting a 10' x 12' sign which will be 120 square feet to advertise the future construction of the South Lake campus of Lake Sumter Community College. They are also requesting that they be allowed to erect this sign prior to obtaining a building permit which is required by our Code. Also requested is permission to locate the sign on the adjacent parcel to the south of the College site at the northeast corner of the intersection of Hancock Road and Highway 50. 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. City Clerk Van Zile swore in Dr. Ken Stack, 9501 U.S. Highway 441, Leesburg. Dr. Ken Stack, Vice President of Lake Sumter Community College stated that they are advertising for an architect to design the new campus and construction will be completed within two to three years. The Carters have given written permission to allow the sign on their property which will be approximately 65' from Highway 50. Mayor Pool closed the public hearing. City Manager Saunders stated that the applicants state that a hardship is created since there is currently no street frontage for their site and a smaller sign would not be visible from the nearest street frontage which is Highway 50. The staff recommends approval of the request based on the hardships as stated. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 23, 1996 Page 3 96-158 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to approve the Lake Sumter Communi~_ College temporal_ future improvement sign to be 10' x 12' to be located on the Carter property_ at the northeast comer of the intersection of Hancock Road and Highway_ 50. Banyon Construction - Resolution No. 910 City Manager Saunders stated that the applicants are requesting a Conditional Use Permit to allow construction of a 53 unit multi-family townhouse development on approximately 7.7 acres located west of Bloxam Avenue approximately 200' south of the intersection of Bloxam Avenue and Grand Highway. Mayor Pool read Resolution No. 910 by title only and 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. City Clerk Van Zile swore in the following: Bill Darling Don Harris Jason Stringfellow Judson Stringfellow 691 Gram Highway, Clermont 612 Grand Highway, Clermont 8512 Donnel Drive, Clermont 11712 Osprey Point, Clermont Jason Stringfellow stated that a multi-family project containing 53 units and a swimming pool are proposed. He reviewed the preliminary layout and elevation. stated they will form a home owner's association that will maintain a 5' landscape buffer around the perimeter of the property, including the retention ponds. He Mr. Bill Darling stated he lives on the corner of Grand Highway and Bloxam. He requested a privacy fence on the back of the property. Don Harris stated he was concerned with zero lot lines. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 23, 1996 Page 4 City Manager Saunders stated that the area is zoned correctly for this type of project and the Future Land Use designations allow this type of development. Adjacent land uses include multi-family and commercial across Bloxam Avenue to the east, single- family residential to the north, and vacant land to the west and south which would permit either single-family or multi-family development. The Planning and Zoning Commission has recommended approval of the project subject to the conditions as stated in Resolution No. 910. These conditions do not require anything beyond our standard development conditions with regards to buffering or landscaping. Council Member Dupee stated she would like to see a wall required if the buffer is not maintained. Mayor. Pool closed the public hearing. A motion was made by Council Member Dupee to adopt Resolution No. 910 adding the requirement of constructing a wall on the back of the property_ if a buffer is not maintained. The motion died for lack of a second. 96-159 A motion was made by Council Member Cole. seconded by Council Member Norquist, and carried unanimously to adopt Resolution No. 910 provided that a Home Owners Association is formed and is required to maintain the landscape buffer. UNFINISHED BUSINESS Developer's Agreement - Chester Fosgate Company, Inc. City Manager Saunders stated that the proposed Developer's Agreement refers to the property scheduled for rezoning under Ordinance 314-M and is the same type of agreement as previously approved annexation agreements. This property is located adjacent to recently annexed properties to the west which have had similar agreements that allow the R-1 zoning, but require larger lots consistent with the R-1-A zoning requirements. This area, along with the others that have entered into a similar agreement has considerable topographic relief and this agreement will allow easier CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 23, 1996 Pa~e ~ development of the property. The property lies south of North Ridge Boulevard and west of East Jacks Lake Road. 96-160 A motion was made by Council Member Dupee, seconded by Council Member Norquist, and carried unanimously to approve the Chester Fosgate Company, Inc. Developer's Agreement. Final Reading of Ordinance 314-M City Manager Saunders stated that the applicant is requesting to rezone approximately 21 acres from R-R Rural Residential to R-1 along with the Developer's Agreement that will require the lots to meet the R-1-A standards for square footage. This would rezone approximately 21 acres located east of the existing North Ridge subdivision and south of the future extension of North Ridge Boulevard. The property is currently zoned R-R Rural Residential and the request is for rezoning to R-1 residential which will allow four units per acre. The previously approved Developer's Agreement will require lot sizes to meet the R-1-A requirements rather than the R-1. This allows the development of a 10,000 square foot lot that would not have to meet the 100' of frontage. Mayor Pool read Ordinance No. 314-M by title only and 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. City Clerk Van Zile swore in Elaine Vick, 1533 Volusia Drive, Winter Garden. Elaine Vick stated that the Developer's Agreement is satisfactory and she appreciated the Council's consideration. Mayor Pool closed the public hearing. City Manager Saunders stated that the rezoning request is consistent with our Future Land Use Map and staff recommends approval. 96-161 A motion was made by Council Member Cole. seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Ordinance 314-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 23, 1996 Page 6 Final Reading of Ordinance 315-M City Manager Saunders stated that Ordinance 315-M will rezone Lots 8-18 of Lakeview Heights from R-2 to R-3-A. These lots are located on the west side of Grand Highway north of Almond Street and south of Grandview Apartments. The staff originated the rezoning at the request of the Council. Similar properties to the south that front Grand Highway have in recent months been rezoned to R-3-A to allow a combination of residential and professional offices. Mayor Pool read Ordinance No. 315-M by title only and stated that the request requires that a Quasi-Judicial hearing be held, however, no one asked to speak. 96-162 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance No. 315-M. Final Reading of Ordinance 316-M City Manager Saunders stated that the recent expansion of the corporate limits of Clermont included areas served by Sumter Electric Cooperative which requires a franchise agreement with the City. A few changes have been made to the initial agreement that was provided with the first reading. Ordinance 316-M will grant a non-exclusive franchise to SECO for the purpose of providing electrical and power service. This will be a standardized 30-year agreement which allows for a 6 % franchise fee payable to the City. Mayor Pool read Ordinance No. 316-M by title only and opened the public hearing. Lewis Stone, Counsel for Sumter Electric stated that Sumter Electric met and approved the agreement on July 22. Mayor Pool closed the public hearing. 96-163 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Ordinance No. 316-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 23, 1996 Page 7 Final Reading of Ordinance 317-M City Manager Saunders stated that the agreement has been amended as discussed since it was introduced. Although our agreement with Florida Power does not expire until the year 2001, Florida Power has agreed to enter into a new agreement that clarifies several areas as well as provide the City with additional revenues based on the new conditions of the agreement. This will also provide the City with an agreement that will run concurrently with the Sumter Electric agreement. Mayor Pool read Ordinance No. 317-M by title only and asked if anyone wished to speak in favor of or against Ordinance No. 317-M. No one asked to speak and Mayor Pool closed the public hearing. 96-164 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance No, 317-M. NEW BUSINESS Tentative Ad Valorem City Manager Saunders stated that we are required to notify the Property Appraiser's office of our proposed Ad Valorem rate by August 1. This rate will be advertised and included on the notices sent to all property owners within the City limits. We are proposing to maintain the same Ad Valorem rate of 2.979 which will result in a 2.4% increase in Ad Valorem revenues to the City. This increase in revenues is due to any re-assessments or new construction that occurred in the prior year. Our advertised first public hearing will be September 12 with a final hearing and adoption September 24. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 23, 1996 Page 8 96-165 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to advertise the tentative Ad Valorem rate of 2.979 with the _first public hearing on September 12 and final hearing on September 24. AUDIENCE COMMENTS Joe Janusiak state that meal preparation for the Meals on Wheels, is done at the Jenkins Auditorium without an air conditioner in the kitchen area. They also need a microwave oven. Council Member Norquist stated he might be able to locate an air conditioner for no cost. City Manager Saunders will review the matter and make recommendations. There being no further business or discussion, the meeting adjourned at 8:21 p.m. Attest: Robert A. Pool, Mayor ~/fosepl~ E. Van l~ty Clerk