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05-26-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 26, 1998 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 Wolfe, Council Member Brown, Council Member Cole and Council Member Norquist. Other City officials present were City Attorney Baird, Planning Director Harker, Finance Director Van Zile and Clerk Beasley. INVOCATION The Invocation was offered by Dr. Joseph Wright followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the regular Council Meeting held May 12, 1998 were approved as presented. CITY MANAGER SAUNDERS' REPORT. Community Redevelopment Public Hearing City Manager Saunders encouraged everyone to attend the public hearing for the Community Redevelopment Agency for the Downtown Redevelopment District to be held at Jenkins Auditorium on Thursday, May 28 at 7:00 p.m. Legal Aid Society Request to Use Neighborhood Center Facility City Manager Saunders stated that the Legal Aid Society of the Orange County Bar Association, a non-profit organization that provides general civil legal service to low income persons, and immigration services is requesting to use the Clermont Neighborhood Center for half a day, once a month. The Board for the Neighborhood Center endorse the request for use. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 2 98-155 A motion was made bY Council Member Cole, seconded bY Council Member Wolfe, and carried unanimous!¥ to approve the use ora meeting room in the Clermont Neighborhood Center to the Legal Aid Socie_ty for the Orange Coun_t¥ Bar Association. Workshop Scheduled Council Members agreed to schedule a Workshop for Thursday, June 4, 1998 at 6:00 p.m. to be held in the Council Chambers at the Police Department to discuss plans for property at East Avenue and Grand Highway and discuss ideas for murals around town. COUNCIL MEMBER BROWN'S REPORT Council Chambers Council Member Brown requested that future Council Meetings be held in an area that will accommodate the increased numbers that have been attending. City Manager Saunders reported that the group that had Jenkins Auditorium reserved on Tuesday nights have found other arrangements as of June 1. Council Members agreed that Jenkins Auditorium should be used for future meetings. COUNCIL MEMBER WOLF'S REPORT Lincoln Park Recreation Area Ground Breaking Council Member Wolfe invited everyone to attend the Lincoln Park Recreation Area ground breaking ceremony on June 6 at 9:00 a.m. A park cleanup will be held at that time also. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 3 Minnehaha Avenue Council Member Wolfe stated he received a call from Mr. Hester who is concerned about the speed on Minnehaha Avenue. He asked if 4-way stops signs should be added or increase enforcement. City Manager Saunders stated the Police Department is increasing the enforcement in that area and if that doesn't help, stop signs will be added. COUNCIL MEMBER NORQUIST'S REPORT Council Member Norquist reported that he visited the Waterfront Park parking area with Joe Holt and found that parking and the crowds were out of control. He suggested that personnel be assigned on holidays and weekends. He also suggested closing the beach when the parking area is full. MAYOR POOL'S REPORT Lake County Water Authority Mayor Pool complemented the Lake County Water Authority for giving the City a $120,000 grant for the relocation of the boat ramp. He also recognized them for having a very nice Memorial Day celebration at Hickory Point Park. Highland Avenue and Hampton Street Mayor Pool stated the parking near the soccer area on weekends on Highland Avenue and Hampton Street restricts vision near the intersection. He also stated that a porta-potty was offending some residents in the area and asked that it be moved near the existing building rather than near the residential area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 4 Brogden Avenue Mayor Pool reported that residents have requested a 3-way stop sign on Brogden Drive. VISITORS WITH BUSINESS Greater Construction Co. = Variance Request Mayor Pool stated that Greater Construction is proposing to develop a new subdivision on the east side of Hancock Road south of Highway 50. He stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Hamp Connelly, Greater Construction and Karen Dowling, Florida Rock, and Howard Barry, 439 Carroll, Clermont. Mr. Connelly stated that the new development to be built on Hancock Road called the Hills of Clermont will be a gated community and they are requesting private streets. City Manager Saunders stated that our Code requires all streets to be public streets. A developer can request private streets for a gated community. The City Council has approved this type of request in the past, however, the streets are required to be constructed to City specifications so if at some time in the future the residents choose to make the roads public, there is no problem with the right-of-way width or the type of construction. He stated that staff recommends approval of the request for private streets within this gated community. Karen Dowling stated she represented Florida Rock and wanted the new home owners to be aware that Florida Rock Industries has long hours of operation and intends to stay in that area. A letter was entered for the record. Howard Barry asked who pays for City services. City Manager Saunders stated that home owners will be paying the same taxes as other City tax payers and the City will not be required to maintain the streets because the homeowners will have that responsibility. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 5 98-156 98-.157 A motion was made by Council Member Wolfe, seconded by Council Member Cole, and carried unanimously to approve the variance for private streets in the Greater Construction Co. Hills of Clermont development on Hancock Road. Magic Moments Learning Center - Resolution No. 1002 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to allow a summer daycare program to operate on a temporary basis at the American Legion building located at the comer of 11~ and DeSoto Streets. Mayor Pool read Resolution No. 1002 by title only and stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Sam Allison, 885 W. DeSoto Street, Clermont. Mr. Allison stated they wanted to use the American Legion building on a temporary basis for the day care summer program from June 1 through August 1. City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval of the request with the conditions as stated in Resolution 1002. A motion was made bY Council Member Brown, seconded bP Council Member Norquist, and carried unanimousl_¥ bY roll call vote to adopt Resolution No. l O02_for a Conditional Use Permit for the Magic Moments Learning Center. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 6 Ralph and Rita King - Resolution No. 1003 City Manager Saunders stated that the applicants are requesting a one-year extension of time for the operation of a Montessori school located in the Clermont Commons Business Park at 234 Mohawk Road. Mayor Pool read Resolution No. 1003 by title only and stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to sPeak in favor of or in opposition to thc request should bc sworn in. No one asked to be sworn in. City Manager Saunders stated the applicants have been operating a Montessori School for the last year and they are asking for a one-year additional period. The applicants are also requesting approval of an expansion of the project from 20 students to 42 students and expansion of facility space from 1,025 to 3,000 square feet. Additional teachers would also be placed on staff to meet the additional requirements. The Planning and Zoning Commission and staff are recommending approval of this request with the conditions outlined in Resolution 1003. 98-158 A motion was made by Council Member Norquist, seconded bY Council Member Cole, and carried unanimousl_¥ bY roll call vote to adopt Reso- lution 1003 granting a Conditional Use Permit for Ralph and Rita Kingfor a Montessori School at 234 Mohawk Road in the Clermont Commons. Renee Lowe - Resolution No. 1004 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for the operation ora daycare in a R-3-A residential professional district at 1001 East Avenue. Mayor Pool read Resolution No. 1004 and stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Renee Lowe, 15537 Kensington Trail, Clermont. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 7 98-159 Renee Lowe stated she is requesting to locate a day care center at 1001 East Avenue which was the former location of Becker Limousine. City Manager Saunders stated that surrounding land uses include residential to the north, residential and professional to the south, professional and commercial and Bishop Field located to the west. The Planning and Zoning Commission and staff are recommending approval with the conditions stated in 1004. A motion was made bY Council Member Norquist, seconded by Council Member Wolfe' and carried unanimously by roll call vote to adopt Resolution No. 1004 to grant a Conditional Use Permit to allow a dca/care center at 1001 East Avenue for Renee Lowe. UNFINISHED BUSINESS Final Reading of Ordinance 287-C City Manager Saunders stated that Ordinance 287-C will amend the parking requirements for the Central Business District and will also amend the maximum height limitations for any structures throughout the City. Mayor Pool read Ordinance 287-C by title only and stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following: Howard Barry Joe Washuta JeffBiddle 439 Carroll, Clermont 847 W. Minneola, Clermont 915 W. Montrose Street, Clermont City Manager Saunders stated that the ordinance relaxes the parking requirements and increases the height allowed from 35' to 45' for non-occupied areas. Jeff Biddle recommended that the auditorium/cinema category (#7) be changed to 1 parking space per 8 seats and bed and breakfast (#8) to 1 parking space per room. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 8 98-160 Howard Barry objected to a height limit of 45' so that high-rises would not be allowed. He proposed 38'. City Manager Saunders stated that inhabited areas cannot be higher than 35' which will only allow three floors. Joe Washuta asked what happens to the central business district parking spaces purchased by a business if the business moves. City Manager Saunders stated that the parking will stay with the building. City Manager Saunders agreed that #7 (auditorium/cinema) could be changed to 1 space per 8 seats and #8 (bed and breakfast) to 1 parking space per room. Staff recommends approval of the changes. A motion was made bY Council Member Wolfe, seconded bY Council Member Brown, and carried unanimous!¥ bY roll call vote (with Council Member Norquist abstaining) to adopt Ordinance No. 287-C as amended revising catego~_ #7 auditorium/cinema to 1 per 8 seats, and #8 bed and br. ea~_ ast to 1 per room. Final Reading of Ordinance 346-M City Manager Saunders stated that the applicant is requesting annexation of approximately 15 acres that lies east of Highway 27 south of Steve's Road. Mayor Pool read Ordinance 346-M by title only and stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following: Howard Barry Kathy Hillary 439 Carroll, Clermont 2390 Lakeview Avenue, Clermont Kathy Hillary stated the 15 acres is surrounded by the City and she requested annexation and consistent rezoning. Planning Director Harker stated that the property is essentially an enclave and is designated C-1 in the County. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 9 t8-161 Howard Barry stated he is opposed to all annexations because he didn't know of any advantage to the majority of residents of the city or county for any annexations. He asked what advantage the annexations were to the residents of Clermont. Mayor Pool explained the differences in regulations of the County and the City. City Manager Saunders stated that staff recommended approval of the annexation. Mayor Pool closed the public hearing. A motion was made bY Council Member Cole, seconded bY Council Member Wolfe, and carried unanimously b? roll call vote to adopt Ordinance 346-M. 98-162 Final Reading of Ordinance 347-M City Manager Saunders stated that the applicants are requesting to rezone the approximate 15 acres annexed in the previous ordinance from U.E. Urban Estate to C-1 Commercial. Mayor Pool read Ordinance 347-M by title only and stated that a Quasi- Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Kathy Hillary, 2390 Lakeview Avenue, Clermont. Kathy Hillary requested to rezone the 15 acres from U.E. to consistent zoning. City Manager Saunders stated that the original request was for C-2 commercial and the property is currently zoned commercial in the county. The applicant agrees with staff's recommendations to zone the property C-1 commercial. A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously bY roll call vote to adopt Ordinance 347-Mas amended to C-1 commercial. Final Reading of Ordinance348-M City Manager Saundners stated that the applicant is requesting to annex approximately 180 acres east of Highway 27 south of Hartwood-Marsh Road. 160 acres of the property CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 10 lies south of Hartwood-Marsh Road with the remaining 20 acres north of Hartwood- Marsh Road, all east of U.S. 27. The property is generally located southeast of the Kings Ridge Development. Mayor Pool read Ordinance 348-M by title only and stated that a Quasi-Judicial hearing is required for this request, and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following: Cecelia Bonifay Matthew Modica Cary Rose Gary Logan Virginia Jones Ernie Brubaker Patricia Benjamin Charles Forth Charlene Forth 131 W. Main Street, Tavares 1606 Penzance Street, Clermont 10821 Foxhole Road, Clermont 16356 Hartwood-Marsh Road, Clermont 16650 Skillet Road, Clermont 11634 Sadder Court, Winter Garden 16710 Skillet Road, Clermont 939 W. DeSoto Street, Clermont 939 W. DeSoto Street, Clermont Cecelia Bonifay, attorney for the owners of the Lincoln Groves property, stated the owners have had the property for many years. The property is adjacent to Kings Ridge and zoned agricultural which allows five-acre tracts or ranchettes. She stated they are requesting the UE zoning that the City recommended which is one unit per acre. Matt Modica stated he is opposed to the annexation because people are concerned about their quality of life and he doesn't think the City should expand the City limits. Emie Brnbaker stated he was opposed to the rezoning because that encroachment of the City limits cuts into the style of life and they moved there to get away from people. Gary Logan stated he was opposed to the annexation. They moved there to have a country setting and a five-acre tract provides a nice place to live. He wanted the area left as it is. Charles Forth was opposed to the annexation. He stated the annexation increases the County's density of one unit per five acres to the City's density of one unit per one acre and the Council has the authority to increase the density. Patficia Benjamin was opposed to the annexation because she moved there to get away from the center of everything and she wants the area to stay as it is now. Virginia Jones was opposed to the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 11 98-163 annexation because she moved to the area for seclusion and wants it to stay as it is. Mr. Rose stated he didn't oppose the annexation but asked for decreased density. Charlene Forth asked when is enough, enough. She stated there were a lot of people who knew that water and sewer doesn't pay for itself. City Manager Saunders stated the property would be brought into the City as U-E Urban Estate, but will be one unit per five acres until the Comprehensive Plan is amended. The annexation application states that the property would be proposed to be used for residential and professional offices, however, a rezoning request would have to come back to the City Council. Mayor Pool closed the public hearing. .drier considerable discussion, a motion was made bY Council Member Norquist, seconded bY Council Member Cole and carried by roll call vote three to two with Council Member Wol_f and Council Member Brown voting n~_ to adopt Ordinance 348-M. Final Reading of Ordinance 353-M City Manager Saunders stated that Ordinance 353-M will rezone approximately five acres located north of Highway 50 on the west side of Hancock Road from R-R Rural Residential to C-2 Commercial. Mayor Pool Read Ordinance 353-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 should be sworn in. City Clerk Van Zile swore in Doug Kelly, 214 E. Lucern Circle, Orlando 32801. Doug Kelly, a land use planner with Miller & Sellen stated they are applying for a C-2 Commercial rezoning of five acres which is designated commercial on the Future Land Use Map. The property has approximately 600 linear feet of frontage along North Hancock Road. City Manager Saunders stated the City's Future Land Use Map and a portion of the Comprehensive Plan does indicate a commercial node around the intersection of Highway 50 and Hancock Road and commercial use of this property would be in conformance. The surrounding property is currently undeveloped, however, several Conditional Use CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 12 98-164 98-165 Permits and Planned Unit Developments have been approved in the general location which includes Lake Sumter Community College and Hospital campuses to the north and west, and the Levitt Homes retirement co ,mmunity to the east. The Planning and Zoning Commission and staff recommend approval. A motion was made b? Council Member Norquist, seconded bY Council Membqr Cole, and carried unanimousl? b? roll call vote to adopt Ordinance 353-M. NEW BUSINESS Bid Award - Contract Mowing City Manager Saunders stated two bids were received for mowing services for our storm water retention areas: T.J.'s Mowing for $70,200 and Horticultural Industries, Inc. for $171,000. These amounts are considerably higher than the current contract. A total of $30,000 is in this year's budget for contract mowing and Public Service Director Davis is recommending that we reject both of these bids and allow him to re-bid the project. We have had some interest, from other companies and we anticipate receiving other bids. M motion was made bY Council Member Cole, seconded b? Council Member Wolfe, and carried unanimousl_¥ to reject all bids and approve the rebidding for mowing services for the storm water retention areas. Bid Award - Risk Management Consultant City Manager Saunders stated that three proposals were received for consultants to review our risk management program. The scope of the work would include review of our current risk management procedures and programs, including our insurance coverages and contracts in all areas followed with recommendations for modifications and improvements. Three proposals were received as follows: Interisk Corporation $3,300 Waters Risk Management $8,000 Siver Insurance Consultants 12,000 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 13 98-166 98-167 Finance Director Van Zile stated that Interisk Corporation is independent of the insurance industry. He stated he contacted several references for Interisk Corporation and has received POSitive responses. We have a total of $5,000 in this year's budget for these services. A motion was made by Council Member Cole, seconded bY Council Member Wolfe, and carried unanimously to award the bid to Interisk Corporation in the amount 0['$3, 300 to review the current risk management procedures and policies. Bid Approval - City's Portion of County-Wide Paving City Manager Saunders stated that each year Lake County allows the cities in the County to add street paving in the County-wide resurfaeing program. By including the City's street resurfacing with the County's project, the City is able to receive a better price for the work. The City Council previously approved the list of streets to be resurfaced this year. The low bidder for this year's project is Paquette Paving with the City's cost being $35,500. He recommended Council approval to enter into an agreement with Lake County for this portion of the pavement and stated $40,000 was included in this year's budget for street resurfacing. M motion was made bP Council Member Cole, seconded bY Council Member Brown, and carried unanimous!¥ to approve the agreement with Lake County for the City's portion of the pavement bid with Paquette Paving in the amount of $35, 500for the City's repaving project. AUDIENCE COMMENTS Boat Ramp Nancy Forbes, 368 Montrose Street stated she didn't think the boat ramp belonged in the City limits. She suggested 12~ Street at the trestle. She asked if there had been an environmental study of the Dole-Citrus property. City Attorney Baird stated an environmental study done before the purchase. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 14 Gayle Syres, stated they moved to South Lake County because of the lakes. He and his wife reviewed the shoreline by boat around the Clermont Chain of Lakes. Subdivisions near the lake often provide boat ramps and he stated he counted 12 boat ramps providing exclusive access to their residents. They counted 734 boat slips providing unlimited access for the residents who live on the Chain of Lakes. They counted 5 marinas that contain 191 boats for the exclusive access of the people who use those marinas. For all those people who don't live on the Chain of Lakes or in those subdivisions, 33 parking spaces are available (110 if the Clermont ramp is built). Council Member Wolfe stated he believed there are 20 boat ramps for the subdivisions. Mohawk Road Extension Complaints Carol Miller, 1130 Chelsea Park Drive asked why the Jaymark Construction is able to work without a permit and when a cease and desist order has been issued. She complained that a film of sand and red clay covers herproperty and her neighbors. They have been complaining consistently about construction starting at 6:30 a.m. Planning Director Harker explained that Zagame has a clearing and grading permit which allows moving dirt on a certain portion of the property and he was told to use a water track to keep the dust down. He stated there is a cease and desist order still in effect which keeps him from putting any pipe into the ground and the Code Enforcement Officer and Engineering people were at the property several times. Joanne Crawford, 1134 Chelsea Park Drive stated that Jaymark put in sewer pipes and manholes today. She talked with Mr. Zagame about starting before 7:00 a.m. and he told her he would start work when he pleased. City Manager Saunders stated that if they don't cease and desist, Code Enforcement will issue a Code Violation Notice, and if that is ignored, the violation will be brought before the Code Enforcement Board which can charge a daily fme. Dwayne Milburn, 207 Willow Bend Drive, Clermont asked if Mr. Zagame was allowed to pump water from Willow Lake, and how much. Planning Director Harker stated that he was allowed to pump 2' of water from an established elevation. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 26, 1998 Page 15 Highway 50 Water-Sewer Line Mrs. Frances Hattie said she represented herself and Hartle Groves regarding the City utilities east of town on Highway 50. She read an Orlando Sentinel article dated August 28, 1996 regarding new development with 526 residential units east of Clermont. She stated Chief Planner Brown called her last June regarding about 30' easements that were needed north and south of Highway 50. She said she was advised that she should sign them or it would cost her a lot of money. She presented pictures of the easement area showing construction trash and stated that after a month, a portion of Hattie Road still needs paving. She stated that boring was required under 455. Contractors admitted they should have obtained permission from her because they went 80' beyond the given footage. South side easements were signed March 17, 1998 and she stated a water-T was installed at thc entrance of the comer of the property and no mention had been made of it in her meetings with City officials. She requested that fresh sod be placed in her front yard area. City Manager Saunders explained that easements were obtained in this area for water and sewer lines because the City is unclear what DOT's plans are for S.R. 50. The contractor doing the work is working for Magnolia Pointe Development not the City, but the contract with the contractor was reviewed to make sure that the property would be restored with sod, etc. and a videotape was made of the area before work began. The City will not provide service if the property owners are not satisfied. DeSoto Street Storm Drain Doris Freeman, 1124 W. DeSoto Street, Clermont reported the drain had been fixed in front of her home and sod was replaced. She stated that she watered the so'~l'b'eeause the City didn't but her neighbors didn't water and the sod died.. She asked if_an,.adj.ustment will be made to her water bill. City Manager Saunders stated the contractor was responsible for watering the sod. He has been notified that he needs to replac.e the sod that died. Mayor Pool stated that when she receives her water bill she should contact the billing department. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 2ti, 1998 Page There being no further business or discussion, the meeting adjourned at 10:06 p.m. Robert A. Pool, Mayor Attest: