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10-27-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998- A regular meeting of the City Council of the City of Clermont was held Tuesday, October 27, 1998 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Norquist with the following Council Members present: Council Member Turville, Council Member Brown, Council Member Wolfe and Council Member Cole. 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 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 October 13, 1998 were approved as presented. CITY MANAGER SAUNDERS' REPORT Well Water Analysis City Manager Saunders reported that a good report was received for the initial water analysis for the well at the middle school property on Hancock Road. Workshop Meeting Scheduled Council Members scheduled a workshop meeting on November 17 at the Police Department at 7:00 p.m. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 2 MAYOR PRO TEM NORQUIST'S REPORT Mayor Pro Tem Norquist suggested that former Chief Prentice Tyndal, who served Clermont for 37 years as Chief of Police (39 years total), be nominated to the Police Chief Hall of Fame. 98-327 A motion was made by Mayor Pro Tem Norquist and seconded by Council Member Brown, Council Member Cole, Council Member Wolfe and Council Member Turville to nominate former Police Chief Prentice Tyndal to the Police Chief Hall of Fame. VISITORS WITH BUSINESS WalMart - Conditional Use Permit Final Reading of Ordinance 370-M Mayor Pro Tem Norquist moved the WalMart Request for Conditional Use Permit and the Final Reading of Ordinance 370-M to annex approximately 5 acres located northeast of Lake Wilma, south of Hook Street to the first items to be addressed so they could be tabled. City Manager Saunders stated that the Planning and Zoning Commission tabled the WalMart request for a Conditional Use Permit and he recommended that the Council table the Conditional Use Permit request and the final reading of Ordinance 370-M until the second meeting in November. 98-328 A motion was made by Council Member Cole, seconded by Council Member Brown, and carried unanimously to table the WaIMart request for a Conditional Use Permit until November 24, 1998. 98- 329 A motion was made by Council Member Turville, seconded by Council Member Cote, and carried unanimously to table the_final reading of Ordinance 370-M until November 24, 1998. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 3 Alexander Gimon - Resolution No. 1031 City Manager Saunders stated the applicant is requesting a Conditional Use Permit for a professional office and a two-family residential unit located at 628 W. Minneola Avenue. Mayor Pro Tem Norquist 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 needs to be sworn in. City Clerk Van Zile swore in the following: Alexander Gimon Howard Barry 628 W. Minneola, Clermont, Florida 439 Carroll Street, Clermont, Florida Alexander Barry stated that he proposes to use a detached 2-story building at his residence at 628 W. Minneola for psychological services. Howard Barry stated he had no objections. City Manager Saunders stated the building was previously used as a beauty shop and the R-3 zone allows the professional office use. He stated the Planning and Zoning Commission and staff recommended approval with conditions as stated in Resolution No. 1031. Mayor Pro Tem Norquist closed the public hearing. 98-330 A motion was made by Council Member Wolfe, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution 1031 after reading by title only by Mayor Pro Tem Norquist. Hills of Clermont - Resolution No. 1033 City Manager Saunders stated that Resolution No. 103 is a request for a Planned Unit Development on approximately 142 acres south of S.R. 50, east and west of Hancock Road to be developed as residential and commercial. Along with the request for the Conditional Use Permit is a request for front and rear yard setbacks of 20' as opposed to 25' and a 50' right-of-way for the development on the west side of Hancock Road. Mayor Pro Tem Norquist stated that the request requires that a Quasi-Judicial hearing CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 4 be held and that anyone wishing to speak in favor of or in opposition to the request needs to be sworn in. City Clerk Van Zile swore in the following: Bob Mandell Howard Barry Nancy Fullerton 1105 Kensington Park Drive, Altamonte Springs, FL 439 Carroll Street, Clermont, FL 368 Montrose Street, Clermont, FL Bob Mandell of Greater Construction Co. explained the severe topography of the area and that the front and rear yard setback will allow flexibility in the placement of the homes on the lots. City Manager Saunders stated that the request for front and rear yard setbacks of 20' as opposed to 25' was discussed at a previous workshop with Mr. Mandell. He stated that the staff is also recommending that the internal streets for the residential area located west of Hancock Road be allowed 50' right-of-way as opposed to the normal 60' which will allow the developer to dedicate 40' of right-of-way along the northern boundary which is needed for the future extension of Hook Street from Hancock Road to U.S. 27. City Manager Saunders stated that the development will be a private gated community. He reviewed proposed changes to Resolution No. 1033 on Page 4, #14 referring to a previous agreement with MAK Development which assigns Greater Construction a $70,000 credit and provides for payments which were previously required by MAK Development. He explained another recommended modification on Page 7, #11 specifying that finished grades and elevations for Hook Street and other appurtenant transportation improvements will be established and constructed and allow access from Hook Street to the adjoining commercial uses. City Manager Saunders stated that the Planning and Zoning Commission and the staff have recommended approval with the conditions as outlined in Resolution No. 1033. Howard Barry stated that the Council should abide by the density restrictions and deny the requested variances. Nancy Fullerton asked about the proposed densities. Mr. Mandell stated the density was approximately 3 homes per acre for the east and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 5 west properties. Nancy Fullerton stated that traveling on S.R. 50 is very dangerous and that increased traffic will make it more dangerous. Mayor Pro Tem Norquist closed the public hearing. 98-331 A motion was made by Coundl Member Cole and seconded by Coundl Member Wo!fe, and carried unanimously by roll call vote to adopt Resolution 1033 with the recommended amendments to Page 4, #14 and Page 7, #11 after reading by title only by Mayor Pro Tem Norquist. OHM Variance Request City Manager Saunders stated that OHM Remedial Services Corporation is requesting permission to locate an office trailer on site for nine months to house additional staff while a permanent expansion is being planned and constructed. The office trailer would be located adjacent to their office on the south side of Mohawk Road across the street from Clermont Commons business park. Mayor Pro Tem Norquist 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 needs to be sworn in. City Clerk Van Zile swore in Sid Van Landingham, 11051 Wind Chime Circle, Crescent Bay. Sid Van Landingham stated he is the manager of OHM Remedial Services. The company has merged and four additional people need office space at their facility. He stated they plan to expand the permanent facility within nine months and their request is based on that time estimate. City Manager Saunders stated that the Code does not allow this type of trailer on site and they have not demonstrated a hardship. He stated that the Council has not allowed this type of request in the past with the exception of Lake County Health Department which provided a service to the community. He stated that staff's concern with the request is the precedent of allowing trailers to be located for office use and the possibility of the nine months expiring before permanent facilities can be constructed. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 6 Joe Zagame, 2360 Lake Louise Road, Clermont, Florida was sworn in by City Clerk Van Zile and stated that their property adjoins OHM and they have no opposition to the request. Council Member Wolfe stated that OHM is bringing jobs into the area and the variance should be granted. Mayor Pro Tem Norquist closed the public hearing. 98-332 A motion was made by Coundl Member Turville, seconded by Coundl Member Wolfe, and carried unanimously to grant a variance to allow an office trailer for nine months on the south side of Mohawk Road across the street from Clermont Commons business park. Jason and Nancy Stringfellow - Variance Request City Manager Saunders stated that the applicant is requesting a side yard setback of 20' rather than the required 25' for the south end of"Building 1" and a reduction of the side yard setback along the west end of "Building 2" from 15' to 10' in order to preserve existing trees on the site. He stated that saving trees is a basis for granting this type of variance. Mayor Pro Tern Norquist 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 needs to be sworn in. City Clerk Van Zile swore in the following: Jason Stringfellow Rick McCoy Mrs. Ulmer 8512 Doral Drive, Clermont, Florida 713 W. Montrose Street, Clermont, Florida 642 W. Broome Street, Clermont, Florida Jason Stringfellow stated that the proposed building will be two levels, but before going further with the design, they wanted to obtain the required variance. Mrs. Ulmer asked that a 150' fence be built if the trees could not be saved. City Manager Saunders explained that a buffer, usually a landscape buffer, will be required. Mayor Pro Tem Norquist closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 7 City Manager Saunders stated that if the trees are not able to be saved that they will have to meet the standard setbacks. Mayor Pro Tem Norquist closed the public hearing. 98-333 A motion was made by Coundl Member Cole, seconded by Council Member Turville and carried unanimously to approve a setback variance of 20' rather than 25'for the south end of Building 1 and a side yard setback variance of lO' rather than 15' along the west end of Building 2 _for the corner of Broome and Lake Avenue for Jason and Nancy Stringfellow. UNFINISHED BUSINESS Final Reading of Ordinance 290-C Planning Director Harker stated that Ordinance 290-C will amend the Land Development Regulations in three areas: 1) Concurrency Management for transportation, and measurement of traffic; 2) Establishment of personal service establishments with approval of a Conditional Use Permit in the R-3 and R-3-A zones; and 3) Chapter 122 for private docks and boathouses. He explained each of the proposed amendments. Planning Director Harker stated that staff preferred listing specific uses to be allowable as a conditional use such as beauty shops and barber shops in the R-3-A and R-3 zones rather than listing all establishments regulated by the Department of Professional Regulation because it is so extensive. City Manager Saunders read the proposed amended language. 98-334 After discussion, a motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously by roll call vote with Mayor Pro Tern Norquist abstaining to adopt Code Ordinance 290-C as amended. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 8 Catherine Wolfe reminded Council Members of the Workshop held in June and stated the owner was experiencing a financial hardship and asked what should be done next. City Manager Saunders stated that ifa request for a conditional use is submitted by the 15th, the Planning and Zoning Commission will review the request on the first Tuesday of the month and their recommendations will be forwarded to the Council at a public hearing. Final Reading of Ordinance 366-M City Manager Saunders stated that this ordinance will rezone approximately 33 acres located at the northeast corner of the intersection of S.R. 50 and North Hancock Road from R-R Rural Residential to C-2 General Commercial. He stated that the parcel is bounded on the north and east by the Levitt Homes project and to the northwest is the Lake Sumter Community College campus. Mayor Pro Tem Norquist 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 needs to be sworn in. No one asked to be sworn in. City Manager Saunders stated that the request is consistent with the Comprehensive Plan and the Planning and Zoning Commission and staff have recommended approval. Mayor Pro Tem Norquist read Ordinance 366-M by title only. 98-335 A motion was made by Council Member Cote, seconded by Council Member Brown and carried unanimously by roll call vote to adopt Ordinance 366-M rezoning $3 acres from R-R to C-2 General Commercial at the northeast corner of the S.R. 50 and North Hancock Road intersection. Development Agreement City Manager Saunders stated that the development agreement is between the City of Clermont and Park Square Homes and stipulates that the property being rezoned under Ordinance 367-M will have a minimum lot size of 9,750 square feet (R-1 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 9 minimum lot size is 7,500 square feet). He stated that the agreement resulted in discussions as to whether this property should be R-1-A which requires a 10,000 square feet lot, with a 100' front, or R-1 that would allow a 7,500 square foot lot with a 75' frontage. The property lies north of the Lake Sumter Community College project, west of the Levitt Homes project, and south of the Centex property which is a R-1 development. He stated that staff recommends approval of this development agreement in conjunction with the rezoning of the property which will be addressed in the next agenda, item. 98-336 A motion was made by Council Member Turville, seconded by Council Member Brown and carried unanimously to approve the Development Agreement with Park Square Homes for property north of the Lake Sumter Community College. Final Reading of Ordinance 367-M City Manager Saunders stated Ordinance 367-M will rezone the property addressed in the previously approved Development Agreement from R-R Rural Residential to R-1 Residential. Mayor Pro Tem Norquist read Ordinance 367-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 needs to be sworn in. No one asked to be sworn in. City Manager Saunders stated that the Planning and Zoning Commission and staff have recommended approval of this request. Council Member Wolfe asked if the conditions of the previously approved Develop- ment Agreement would transfer to new ownership if the property were sold. Attorney George Hovis stated the agreement will run with the land. 98-337 A motion was made by Council Member Cole, seconded by Council Member Wolfe and carried unanimously by roll call vote to adopt Ordinance 357-M to rezone 104.45 acres from R-R Rural Residential to R-1 Urban Residential located north o_f S.R. 50, west of North Hancock Road for Park Square Homes. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 10 Final Reading o£Ordinance 369-M City Manager Saunders stated that Ordinance 369-M will annex approximately 5.9 acres located on the north side of S.R. 50 approximately 1,400' east of Citrus Tower Boulevard which is currently bounded by City limits on the east, north and west. Mayor Pro Tem Norquist read Ordinance 369-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 needs to be sworn in. City Clerk Van Zile swore in the following: Howard Barry Nancy Fullerton Rick McCoy 439 Carroll Street, Clermont, Florida 368 Montrose Street, Clermont, Florida 713 W. Montrose Street, Clermont, Florida Howard Barry stated he opposed the annexation because City residents do not receive any benefits from annexations. Nancy Fullerton asked where the parcel is located and had no objections to the annexation. Mayor Pro Tem Norquist closed the public hearing. City Manager Saunders stated that staff recommends approval of the request for annexation. 98-338 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance 369-M to annex 5.9 acres located on the north side of S.R. 50 approximately 1,400' east of Citrus Tower Boulevard. Tony Hubbard/South Lake Hospital - Resolution No. 1032 City Manager Saunders stated that the applicants are requesting a Conditional Use Permit for two 18,000 square feet office buildings on an approximate 11-acre site located north of S.R. 50 situated between the City's elevated water tank and the Florida Power microwave tower. Mayor Pro Tem Norquist read Resolution No. 1032 by title CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 11 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 needs to be sworn in. City Clerk Van Zile swore in Rick McCoy, 713 W. Montrose Street, Clermont, Florida. Rick McCoy asked that the Council consider delaying the requirement for sidewalks until other development occurs in the area. City Manager Saunders stated that in the past the Council has allowed sidewalks to be constructed when development occurs on either side of the property or before two years, whichever occurs first. 98-339 A motion was made by Coundl Member Brown, seconded by Coundl Member Cole, and carried unanimously by roll call vote to adopt Resolution 1032 amending it to allow construction of sidewalks when development occurs on either side of the property or within two years, whichever occurs first. Final Reading of Ordinance 371-M City Manager Saunders stated that the small scale amendments included in this ordinance were previously adopted by the Council, however, a change in the DCA regulations requires a re-adoption after October 1. Mayor Pro Tem Norquist read Ordinance 371-M by title only and stated 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 needs to be sworn in. City Clerk Van Zile swore in Howard Barry, 439 Carroll Street, Clermont, Florida. Principal Planner Brown explained the three amendments. 98-3~0 A motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously by roll call vote to adopt Ordinance 371-M for a Small Scale Comprehensive Plan Amendment. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 12 NEW BUSINESS Plat Approval - Whitehall, Phase II City Manager Saunders stated that Whitehall, Phase II is a phase of the Lennar Kings Ridge development. He stated the plat has been reviewed and recommended for final plat approval. 98-341 A motion was made by Council Member Wolfe, seconded by Council Member Turville, and carried unanimously to approve the final plat of Whitehall, Phase II, a phase of the Lennar Kings Ridge development. Change Order #3 - 100,000 Gallon Elevated Tank City Manager Saunders stated that Change Order #3 is a decrease of $4,000 in the contract price to Frank Shelton Utility Service for the refurbishment of the 100,000 gallon elevated tank representing liquidated damages for the 40-day delay in the completion. 98-342 A motion was made by Coundl Member Cole, seconded by Council Member Brown and carried unanimously to approve Change Order #3for a decrease of $4,000 to Frank Shelton Utility Service for the refurbishment of the 100,000 gallon elevated tank. Refunding Equipment Purchases - Resolution No. 1034 City Manager Saunders stated that Resolution 1034 will allow refunding for equipment purchases that are made prior to any financing that we may obtain in the future. He stated that he and Finance Director Van Zile have met with PFM, the City's financial advisor, and they have recommended this Resolution will allow the pre-purchase of equipment that may be included in the financing arrangements. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 13 98-343 A motion was made by Council Member Turville, seconded by Council Member Cole and carried unanimously by roll call vote to adopt Resolution No. 1034 to allow the pre-purchase of equipment that may be included in financing arrangements. Equipment Purchases Telephone System: Finance Director Van Zile reviewed the bids received for an automated telephone system for City Hall. He stated that the low bid was received from Atlantic Communications Team, Inc. in the amount of $5,895 and the current budget includes $6,200 for this system. He rccommcndcd approval of the low bid. Council Members expressed concern regarding the automated system and asked for a 60-day trial period. 98-344 A motion was made by Coundl Member Turville, seconded by Coundl Member Cote and carried unanimously to award the bid for the City Hall automated telephone system to Atlantic Communications Team, Inc. in the amount 0_['$5,895 subject to a trial period of at least 30 days and a fee of $5OO for installation and Computer Equipment: Finance Director Van Zile stated that bids were received for the purchase of computer hardware to upgrade all City departments and resolve the year 2000 computer problem. He recommended that the following vendors be approved: ASCI Computers, Inc. Southern Computer Services Vidcomm Computers, Inc. Entex Information Services $ 3,654.00 $14,282.57 $47,252.00 $13,661.25 TOTAL $78,849.82 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 14 98-345 A motion was made by Coundl Member Cole, seconded by Coundl Member Wo!fe, and carried unanimously to award the bids for the purchase of wmputer hardware to upgrade alt City departments as_follows: ASCI Computers, Inc. for $3,654, Southern Computer Services_for $14,282.57, Vidcomm Computers, Inc. for $47,252 and Entex Information Services for $13,661.25. Copier: City Manager Saunders stated that bids were received for a 30 page per minute copier with a 20-page sorter for the Planning Department, with the low bid from Ikon Office Solutions for a Cannon copier in the amount of $5,209.12. 98-346 A motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously to award the bid for a Cannon copier_for the Planning Department in the amount qf$5,209.12 to Ikon Office Solutions. Resolution 1035 - Right-of-Way Dedication City Manager Saunders stated that Resolution 1035 will dedicate 45' of road right-of- way along the northern boundary of the City-owned property on Hancock Road. He stated that a portion of this property was purchased by the City for the sewage treatment project and Hancock well project and an additional five acres was donated as park property as a part of the Lennar Homes planned unit development. He explained that currently a 15' right-of-way exists for Sunburst Lane and they propose to dedicate the additional 45' in order to provide the standard 60' of road right-of-way for Sunburst Lane. 98-347 A motion was made by Council Member Wo!fe, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution 1035 after reading by title only by Mayor Pro Tem Norquist. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 1998 Page 15 There being no further business or discussion, the meeting adjourned at 10:10 p.m. Ken Nor~luls~, Mi[yor Pro Tern _Attest: Clerk