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09-26-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 26, 2000 at Jenkins Auditorium. Mayor Turville with the following Council Members present called the meeting to order at 7:30 p.m.. Council Member Biddle, Council Member Mullins and Council Member Lamb. Council Member MacLauchlin was absent. Other City officials present were City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile, Planning Director Brown and Deputy City Clerk Maddox. INVOCATION The Invocation was offered by Council Member Mullins followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Biddle, seconded bp Council Member c:~(_~ - Mullins, and carried unanimously to approve the minutes qf the Council Meeting ~ ~ ~- held September 12, 2000. Mayor Turville advised the audience that the Save The Lakes/Crystal Lake Swans issue had been withdrawn and that Bob Wade had requested his matter regarding the Drive-In sign be tabled. CITY MANAGER SAUNDERS' REPORT Workshop City Manager Saunders reminded Council Members of the workshop scheduled for Thursday, September 28, 2000, at 6:30 p.m. at the Police Department Community Room. City Manager Saunders stated that work is continuing on the Hancock Park Recreation area and Ms. Lesner, the City's Parks and Recreation Director is planning to begin utilizing the fields for Girls' Softball in the Spring. Mr. Saunders stated that there were restroom facilities budgeted for that park and provided a diagram of the facility. Mr. Saunders stated that the restroom facility currently being built for McKinney Park is the same type facility we need at Hancock Park and the City would like to hire Architect George Wood, who is doing the McKinney Park facility, to also do the Hancock Park restroom facility. Mr. Saunders stated that Mr. Wood has agreed to do this project for $1,250.00. Mayor Turville asked if this would be an extension of the current contract we have with Mr. Wood for the McKinney Park project and Mr. Saunders stated he felt we could extend the existing contract to include this. City Attorney Guthrie concurred. A motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously to extend the City's contract with Architect CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 2 George Wood to include the Hancock Park Recreation restroom_facilities_for the amount o_f $],250. 00. CITY ATTORNEY GUTHRIE City Attorney Guthrie advised the Council that the County is proposing to enact an Adult Entertainment Ordinance and an Anti-Nudity Ordinance. Mr. Guthrie requested that the Council consider whether they would like the City of Clermont to come under the umbrella of these ordinances. City Manager Saunders stated he would provide a copy o£the proposed ordinances to Council Members for their review and consideration. Mayor Turvill¢ asked if the City would be able to opt out of the County's ordinances in the event it wished to have stricter ordinances and City Attorney Guthrie stated that the City could always create its own ordinances. FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE No report. COUNCIL MEMBER MULLINS Council Member Mullins stated that he was dining downtown and a restaurant owner commented on how well the City is maintaining the Trailhead. Mr. Mullins stated he also had a complaint from one of his neighbors who felt there was an increase of dogs running loose around the Shady Nook area. Mr. Mullins stated he spoke with Planning Director Brown who indicated that the new Animal Control Officer would be starting work next week. COUNCIL MEMBER LAMB No report. MAYOR TURVILLE'S REPORT No report. CONSENT AGENDA Mayor Turville read the items listed on the Consent Agenda and asked that if anyone wished any item to be pulled for discussion. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 3 Item No. 1 Bid Award Trail Lamppost Control Center Item No. 2 Bid Award Lamppost Electrical Supplies Item No. 3 Interlocal Agreement Agreement between Lake County and the City of Clermont Relating to Contribution of infrastructure Sales Tax Funds for Community Recreational Projects Item No. 4 Property and Casualty Insurance 2000-2001 Property and Casualty Insurance renewal A motion was made bY Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Items one through four on the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 301-C-Final Reading Mayor Turville read Ordinance No. 301-C by title only. Planning Director Brown stated that this ordinance will amend our Land Development Regulations increasing the minimum lot sizes in R-1 zoning from 7,500 square feet to 10,000 square and increasing the minimum lot sizes in R-lA from 10,000 square feet to 13,000 square feet. Mr. Brown stated that the Council has reviewed this at a workshop and subsequent to that it came before the Planning and Zoning Commission. Mr. Brown stated that the Planning and Zoning Commission recommended denial of the ordinance because they felt the minimum lot size for R-1 should be increased from 7,500 square feet to 12,000 square feet and the R-IA should be increased from 10,000 square feet to 15,000 square feet. Mayor Turville opened the public hearing and there were no questions or comments from citizens. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 4 Council Member Biddle stated that he felt this proposed ordinance increasing minimum lot sizes was going in the fight direction and felt that the Planning and Zoning Commissions' recommendation was going too far. Council Member Mullins stated that he felt the proposed minimum lot sizes were adequate and if any larger the City would have land that was too difficult for a citizen to maintain and the City could end up with a lot of large lots that are not taken care of. Council Member Lamb stated that while she appreciates what the Planning and Zoning Commission is trying to do, she agrees with Council Members Biddle and Mullins that this is a good ordinance. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 301-C increasing ct55 ~ minimum lot sizes in R-1 zoning to 10, 000 square_feet and increasing minimum lot I ~' sizes in R-IA zoning to 13,000. Hunter's Trace Investment, Inc./Bob Wade City Attomey Guthrie stated that since the applicant has requested that this matter be tabled he advised that it be tabled to a time certain. A motion was made by Council Member Biddle, seconded by Council Member dP Mullins, and carried unanimously to table this variance request until a time certain on October 10, 2000 Council Member Biddle stated that this is the last time he would like this matter tabled. Council Member Lamb asked why the matter was tabled again and City Manager Saunders stated that Mr. Wade did not have the drawings ready that the Council requested him to prepare, but would attend the workshop schedule for Thursday and bring the drawings at that time. William and Vicki Thomas Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be swom in. Planning Director Brown stated that the property is located north of the Palatlakaha Park, west of 12th Street and the applicants are requesting a variance to allow the creation of a flag shaped lot. Mr. Brown stated that the existing parcel consists of a single family CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page $ residence on approximately 1.45 acres. Mr. Brown provided an overhead projection of the property for the Council's review and explained that Highland Avenue has been closed, leaving the only access to the property via 12th Street. Mr. Brown stated that the R-3-A zoning district requires a minimum lot size of 7,500 square feet for a single-family residential lot and this lot is approximately 8.4 times larger than that requirement so staff recommends approval of this request. City Clerk Van Zile swore in the following citizens: Vicki Thomas, 1040 12th Street, Clermont Ms. Thomas asked the Council to approve their request for a flag shaped lot as it allows the only access to that portion of their property and offered to answer any questions the Council may have. Mayor Turville closed the public hearing and asked if the Council Members had any comments. A motion was made by Council Member Lamb, seconded by Council Member Biddle, and carried unanimously to approve the variance request for a_flag shaped lot. VISITORS WITH BUSINESS Nancy Fullerton-Save Our Lakes Committee City Manager Saunders stated that Ms. Fullerton requested this be withdrawn from the agenda. NEW BUSINESS Resolution No. l154-Nextel Communication Planning Director Brown stated that applicants are requesting a Conditional Use Permit to construct a 140-foot stealth "flagpole" tower and associated equipment for wireless communications on property located on the west side of 12th Street near its intersection with Minneola Avenue. Mr. Brown stated that this location is between West Park and the City's wastewater treatment facility on a vacated City right-of-way and the requested use is an allowable use. Mr. Brown stated that the location and design of the facility meet the requirements of Clermont City Code and Staff recommends approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 6 Mayor Turville stated that Nextell wants to put an antenna on City property, where they are allowed. Mr. Turville stated that the City requested that Nextel use a tower that does not look like an antenna and Nextel has proposed an antenna that will look like a flagpole. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Mayor Turville read Resolution No. 1154 by title only and opened the public hearing. City Clerk Van Zile swore in the following: Mike Nuckles, 2380 N. W. l0th Street, Gainesville, Florida Mr. Nuckles, representing Nextel Communications handed out information including pictures, site diagrams and structural information of the proposed "flagpole" communication tower. Mr. Nuckles stated that the City will need to decide whether to fly an American Flag or City Flag and what size the flag should be and also advised the Council that if the American Flag is flown the pole must be lighted or the flag must be taken down at night and flown at the appropriate times and these matters will be decided during site review. Mr. Nuckles stated that they will provide the flag. Mr. Nuckles explained the need for a wireless communication tower in our area and stated that Nextel met all of the City's standards regarding location, height and other conditions set forth by the City's Wireless Communication Ordinance. There were no other comments and Mayor Turville closed the public hearing. Council Member Biddle stated that the Staff worked hard on an ordinance before allowing any communication towers in our area and this meets all of the standards and conditions of the Ordinance. A motion was made bP Council Member Lamb, seconded bp Council Member Biddle, and carried unanimously to approve Resolution No. 1154 allow Nextel Communications to build a wireless communication tower. Lease Agreement-Nextel Communications City Manager Saunders stated that the City has negotiated a lease agreement with Nextel for the site discussed under the Conditional Use Permit for the purpose of constructing the wireless communication tower and after several drams and with City Attorney Guthfie's review a Lease Agreement has been written. Mr. Saunders stated that the lease provides a $2,000 per month lease fee to the City and Staff recommends approval of the Lease Agreement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 7 Mayor Turville opened the public heating, there were no questions or comments and the public hearing was closed. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the Lease Agreement between Nextel Communications and the Cit~ of Clermont. Resolution No. 1155-J.J. Dahl/Thomas and Margaret Bauman Planning Director Brown stated that applicants are requesting a Conditional Use Permit to allow the operation of a professional office in the R-3 zone. Mr. Brown stated that the property is located on East Avenue, north of Highland Avenue, in an existing building used as a daycare facility known as Nay Nay's Playhouse. Mr. Brown stated that the properties to the east, south and west are used for professional offices and the property directly to the north is unused City right-of-way and then residential property beyond that. Mr. Brown stated that the fipplicants desire to use the building for offices for a law firm and that the request is consistent with the other uses in the area, the land use designation and zoning district therefore Staff recommends approval. Mr. Brown highlighted a condition listed in the CUP specifically related to parking stating that in order to meet Code the backyard will need to be used for parking and in order to have access to the back yard the applicants would request they be allowed to use the City's Broom Street right-of-way, as did the last tenants of the building. Mr. Brown stated that the City could allow use of the right-of-way as long as there was a Cross Access Agreement with the applicants. Mr. Brown stated that there would be no parking in the City's tight-of-way and the area south of the landscape buffer will be the area of the right-of-way used for access to the backyard. Mr. Brown stated that applicants would also be required to construct a sidewalk along the East Avenue frontage. Mayor Turville read Resolution No. 1155 by title only and stated that the following issue requires a Quasi-Judicial Hearing 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 the following: J.J. Dahl, 1119 4th Street, Clermont Eric Dahl, 1119 4th Street, Clermont Ms. Dahl stated that if Council approved the CUP they will be closing on the property on September 28, 2000 and will be the new owners. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 8 Mayor Turville asked if the City's right-of-way would remain unimproved and Planning Director Brown stated it would remain as it is now with gravel from the existing buffer to the north wall of the building. Mayor Turville asked if the parking that would be allowed in the backyard was part of the required parking and Planning Director Brown said it was part of their required parking. Mayor Turville asked if there was any other situation in town where a City right-of-way was being used for access and City Manager Saunders stated that on several occasions the City has granted that type of easement both for residential use and commercial use. Council Member Lamb asked what type of business would be locating in the building and Ms. Dahl said her law firm would occupy the building. Ms. Lamb stated her concern was whether the parking would accommodate the office and asked if parking would be allowed on East Avenue as cars that are parallel parked on East Avenue often block the view coming out of her office complex. City Manager Saunders stated that parking is currently allowed on East Avenue and stated the City would look at how close some of those spaces are to driveways and move them back so there is better visibility if necessary. There was a discussion regarding whether the right-of-way should possibly be abandoned and City Manager Saunders stated he did not recommend abandoning the right-of-way as the City could need it in the future. .4 motion was made by Council Member Lamb, seconded by Council Member Biddle, and carried unanimously to approve Resolution No. 1155 allowing the operation ora pro_fessional o_ffice in an R-3 zone. Resolution No. 1156-Levitt Homes, Inc. Mayor Turville read Resolution No. 1156 by title only and stated that the following issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. Planning Director Brown stated that the applicant is requesting to amend a PUD to allow for increased impervious surface coverage to 65%, with the principal structure, driveway and walkways limited to 55% in the Summit Green Planned Unit Development. Mr. Brown stated that Summit Greens was previous allowed an impervious surface coverage of 55% per lot in April of this year and subsequent to that time the City amended its Impervious Surface Ordinance to increase coverage from 40% per lot to 55% per lot with the principal structure, driveway and walkways limited to 45%. Mr. Brown stated that at the time the ordinance was revised it was the intent of the Council that PUD CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 9 communities, especially those that provide significant open space be eligible for additional impervious surface coverage and The Legends and other golf course PUD zoning have been granted a variance to allow 65% impervious surface coverage. Mr. Brown stated that the applicant has calculated that if the entire project is developed at the request of 65%, they will still only have a 29.1% impervious coverage. Mr. Brown stated that Staff recommends approval and stated that when this came before the Planning and Zoning Commission there was a split vote. City Clerk Van Zile swore in the following: Dick Hunter, 1750 East Highway 50, Clermont Harry Sleek, 7777 Glades Road, Boca Raton Glades Bennett, 214 East Lucerne Circle, Orlando James Stanek, Covendale Trail, Clermont Attorney Jimmy Crawford, representing the applicants, stated that the project is at a density of 1.7 units per acre overall instead of 4 units per acre and they went with a clustering PUD concept so that everyone would not have 13,000 square foot yards to mow. Attorney Crawford stated that the overall possible impervious surface coverage is still at 29.1% in the development. Mr. Stanek presented a Petition signed by several homeowners in the Greater Hills subdivision requesting that the Council deny the request as they felt the increase was too much. Attorney Crawford responded stating that Greater Hills has 2 units or more per acre with no open space dedicated other than their public park, and that Summit Greens' overall density is less than that and the open space is much greater. Mr. Crawford stated that this project could only help property values in Greater Hills. Council Member Lamb asked regarding the impervious surface coverage of the County project next to Summit Greens and Planning Director Brown stated that the coverage is 45% overall and stated the County looks at the overall project. Attorney Crawford reiterated that the County project was maxed at 45% overall and this project is maxed at only 29.1% overall. Council Member Mullins stated that Mr. Stanek's objection is the number of homes and the size of houses that may back up to the Greater Hills subdivision. Mr. Sleek, Vice President of Levitt Homes responded stating that where Summit Greens abuts Greater Hills there is a minimum of a 50 foot buffer separating any of Summit Greens' lots from Greater Hills. Mr. Sleek stated the 50-foot buffer begins at the back of the lot and runs to CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 10 the Greater Hills property line. Council Member Mullins stated that even with a big house, you would still be approximately 85-feet from the Summit Hills property to the Greater Hills property line. Council Member Lamb asked if most of the Summit Greens homes would fit our current ordinance if they did not have swimming pools or decks and Mr. Sleek stated they would. Council Member Biddle stated that what is changing is not the size of the homes, which is tied to 55% of coverage no matter what, and the only issue is whether the Council will approve another 10% for pools or decks. motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve Resolution No. 1156 allowing the an increase to impervious surface coverage. I?1 Resolution No. 1157-DuraCraft Homes, Inc. Mayor Turville read Resolution No. 1157 by title only. Planning Director Brown stated that the applicants are requesting a Conditional Use Permit to allow the construction of a medical office building, including a laboratory and x-ray facilities in the C-1 zoning district. Mr. Brown stated that the property is located on the south side of Highway 50, west of 2"d Street. Mr. Brown stated that in conjunction with the CUP the applicant is requesting two variances; one to allow a front setback of 46'8" rather than 50' per Code and the second to allow 11 continuous parking spaces without a landscape island, rather than 10 spaces per our Code. Mr. Brown reviewed the conditions included in the CUP and pointed out to the Council that access to the property will be from 2"d Street and Chestnut Street and there will be no driveway access from State Road 50. Mayor Turville stated that the following issue requires a Quasi-Judicial Hearing 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 the following: John Nehmatallah, 1637 Sunset Village Blvd., Clermont John Nehmatallah, a representative of DuraCraft Homes, Inc. stated that they have been working for approximately one year on this site and it has been difficult to meet all of the City's requirements because of the "C"-shape of the property. Mr. Nehmatallah stated that the building design they had to use would not allow the required 50-foot setback. Mr. Nehmatallah stated that the City's parking requirements were also difficult to meet CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 11 because of the shape of the property and way the building had to be located on the property. Mr. Nehmatallah stated that although they could not put a landscape buffer every 10 parking spaces, they did increase the buffer spaces in the surrounding areas to try and accommodate the landscaping requirements. There were no other questions and Mayor Turville closed the public hearing. Council Member Mullins confirmed that the big tree off of 2nd Street would stay. A motion was made by Council Member Lamb, seconded bp Council Member Biddle, and carried unanimously to approve Resolution No. 1157 allowing the construction o_fa medical office building in the C-1 District. Mayor Turville stated he was delighted to see that applicant could come up with a site plan that deals with the land. Resolution No. 1160 City Manager Saunders stated that this Resolution will amend the current rate schedule for stormwater service. Mr. Saunders stated that for the past 10 years the fee has been $1.00 or $3.00 depending on whether there was an approved stormwater system and this ordinance will amend that rate schedule to $3.00 and $5.00. Mayor Turville read Resolution No. 1160 by title only and opened the public hearing. A motion was made bp Council Member Mullins, seconded bY Council Member 06;> .. Biddle, and carried unanimously to approve Resolution No. 1160 amending the IOl ~._.~ stormwater rate schedule. Council Member Biddle stated that this will provide additional funds to further enhance the City's stormwater retention that has been done so well over the past 10 years. Resolution No. 1161 Mayor Turville read Resolution No. 1161 by title only. City Manager Saunders stated that this Resolution will amend the monthly rate for sanitation service, which includes garbage pickup, hazardous waste disposal and recycling and the new rate would be $21.50, which is a $1.50 increase over the current rate. Mr. Saunders stated that incinerator costs have gone up and that is a large percentage of our expenditures and has a major effect on our rates. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 12 Council Member Lamb stated that two years ago when she came on the Council the Sanitation Fund was in the red and was actually eating up our reserves. Ms. Lamb stated that this Council has taken the responsibility over the last two years to do what is necessary to deal with the rapid growth in the City. Council Member Biddle stated that the Council made a decision to raise the rates rather than minimize service and the citizens should not have to sacrifice good service for $1.50 per month. Council Member Mullins asked if it was easy for residents of Clermont to get out of paying for sanitation service and City Manager Saunders stated that everyone who has water has a garbage bill. Bob Stroble stated that when he lived in Groveland, the rate was less and they had twice- weekly curb service and recycled materials were picked up once a week, including newspapers. Council Member Biddle stated that our City picks up yard debris and appliances at no extra charge. City Manager Saunders stated that the City of Clermont has a more extensive service including quarterly pickups of anything a citizen may want to get rid of and the provision of garbage cans for all of our residents. Mr. Van Zile stated that Groveland's current rate is $20.00. City Manager Saunders stated that the City of Clermont will be offering newspaper pickup beginning in November. ,4 motion was made by Council Member Biddle, seconded bp Council Member Mullins, and carried unanimously to approve Resolution No. 1161 amending the rate_for sanitation service. Introduction of Ordinance No. 405-M City Manager Saunders stated that this will provide for a telecommunication franchise for Adelphia Business Solution. Mayor Turville read Ordinance No. 405-M by title only. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the introduction o_f Ordinance No. 405-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2000 Page 13 CITIZENS COMMENTS Bill McClain requested that the City do something about the vacant lot on Highway 50 across from Racetrack as the weeds are high and it looks bad. City Manager Saunders stated the property is in the process of being sold and there should be some changes soon, but in the meantime he would advise our Code Enforcement officer. Joe Janusiak asked if the City would enforce and remind bike riders to have a light or reflection on their bikes at night before someone gets hurt. Mr. Janusiak also stated that the City's cleaning service has not been doing its job and City Manager Saunders stated that there have been problems with the service and the City is preparing documents to put this contract out for bid. There being no further business the meeting was adjourned at 9:10 p.m. ~at:old S~-~urville, Jr. l{/layor Attest Jt~s-~ph 1~. Van Zil ,~"'City Cl[rk We the undersigned homeowners residing in the Greater Hills Subdivision, and residing within 150 feet of the Summit Greens Subdivision, do wish to inform the City Council of Clermont that we do not want to see the Council approve the request by Summit Greens to amend Resolution No. 1006 to allow a maximum impervious surface of 65%. Homeowner Signature Homeowner Address We the undersigned homeowners residing in the Greater Hills Subdivision, and residing within 150 feet of the Summit Greens Subdivision, do wish to inform the City COuncil of Clermont that we do not want to see the Council approve the request by Summit Greens to amend Resolution No. 1006 to allow a maximum impervious surface of 65%. Homeowner Signature Homeowner Address