Loading...
HomeMy WebLinkAbout06-27-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, June 27, 2000 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Mullins Council Member Lamb, and Council Member MacLauchlin. 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 bP Council Member Mullins, seconded bY Council Member Lamb, and carried unanimously to approve the minutes o_f the regular Council Meeting hem June 13, 2000 and approval of the Minutes of the Council Workshops hem December 12, 1999, January 21, 2000 and Februa~_ 15, 2000. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that the City is currently under contract with Prime Construction for Phase I of the Hancock Road Recreation Area and he handed out a copy of the site plan to all of the Council Members. Mr. Saunders requested the approval of a Change Order to pave an additional parking area. Mr. Saunders stated the contractor has agreed to pave the additional area at the same cost per square foot as is in the original contract and the total cost will be $3,600. Mr. Saunders stated that the funds are available in our Recreational Impact Fees that are unrestricted and can be used for this project. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the change order to pave the parking- ' ]' area at the Hancock Road Recreation area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 2 WORKSHOPS City Manager Saunders reminded the Council of the workshop meetings scheduled for 6:00 p.m. on June 29, 2000 at the Police Department and at 6:30 p.m. on July 6th at the Police Department. CITY ATTORNEY GUTHRIE No report. FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE No report. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER LAMB No report. COUNCIL MEMBER MACLAUCItLIN No report. MAYOR TURVILLE'S REPORT Mayor Turville stated he received a letter from Mr. Holt, who lives across from the Highlander Hut complaining that at the last event people were again parking in his yard. Mr. Turville asked if the City was going to designate an event coordinator for these types of activities. City Manager Saunders stated that the City did not CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 3 budget an additional person for the position but the Police Department assigned an officer to coordinate and attend the events. Mayor Turville requested that the same officer be assigned to all of these events so that there was a specific contact person in the event a citizen had a problem and Mr. Saunders stated that would be done. CONSENT AGENDA Mayor Turville stated the Consent Agenda includes four items and explained that an item can be pulled from the Consent Agenda for discussion if there are any comments or questions. Item No. 1-Surplus Equipment/Vehicle Item No. 2-Budget Amendment A motion was made bY Council Member Lamb~ seconded by Council Member MacLauchlin, and carried unanimously to approve Items 1 and 2 listed on the Consent Agenda. VISITORS WITH BUSINESS South Lake Veterans Memorial Mayor Turville stated that Charles Driggs appeared before the Council at the last meeting and discussed the possibility of erecting a South Lake Veterans Memorial in the grassy area at the north end of 8th Street and the Council requested at that time he appear before the Council at this meeting. Charles Driggs proposed that a South Lake Veterans Memorial be erected in the grassy area at the north end of 8th Street. Mr. Dfiggs stated he had an estimate from Southern Monument Studio, Inc. in Leesburg and the stone, including all of the military emblems etched, is $411.95. Mr. Driggs stated that the flagpole, with the pulley would be $446.00, with a total price of $831.00. Mr. Driggs stated the American Legion Post offered to donate the American Flag and a POW-MIA Flag. Mr. Driggs stated that he contacted Senator Graham's office to obtain a Flag flown over the Capitol to be flown on special occasions and several merchants downtown CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 4 and others in the community have offered to donate the cost of all of the materials for the memorial. Mr. Driggs requested the Council's approval to move forward with the project and requested direction from the Council for how to handle the funds collected for the Memorial. Council Member Mullins confirmed that all of the military branches would be represented on the Memorial stone. Mr. Mullins also stated that we have a Veterans Park designated at the intersection of Montrose and Crystal Lake Drive and asked if we needed two parks. Mayor Turville stated that the typography at the Veterans Park at Crystal Lake is difficult for elderly people to maneuver and City Manager Saunders stated that a sidewalk that meets all handicap standards has now been put in. Council Member MacLauchlin asked if this Memorial would serve a different purpose than the Veterans Memorial at Crystal Lake and Mr. Driggs stated that the purpose of having a Veterans Memorial at the end of 8th Street was not in any way to detract from the one at Crystal Lake, but would be more accessible and highly visible to the public. Council Member Biddle stated that he did not believe the Main Street program had any other plans for that grassy area at this time, and he felt the Memorial would be a nice addition. Council Member Lamb stated she felt we could not be visible enough in dedicating a memorial to the people who have given their lives for our Country and she felt it would mean a lot to the citizens of the community. A motion was made bY Council Member Lamb, seconded by Council Member Biddle, and carried unanimously to allow a Veterans Memorial to be constructed in the grassy area at the north end of 8th Street with the understanding that Mr. Driggs will provide all of the materials and the Ci_ty will do the installation of the Memorial and with the understanding that the Memorial Stone will be etched with South Lake Memorial Veterans with each of the 5 emblems o_f the milita~_ services of the United States. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page $ Adams Homes of Northwest Florida 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. Planning Director Barry Brown stated that the applicant is requesting a variance to allow a minimum lot width of 62 feet at the building setback line where 75 feet is required for Lot 23 of the Sierra Vista Subdivision located at the northeast comer of Citrus Tower Boulevard and Northridge Boulevard for the construction of a new home. Mr. Brown stated that the lot is a substandard lot and in order to meet code, a home would have to be placed nearly 60 feet from the front property line leaving only a 25 foot rear yard. Mr. Brown stated the lot configuration severely limits the housing options for the site and stated that the City had approved the construction plans and subdivision plat and Staff recommends approval. Mayor Turville opened the public hearing invited anyone who wished to speak to come forward. After discussion there was consensus by Council that the neighborhood would look befter if the home built on the property conformed to the setback of the other homes on the street and felt the variance should be granted. A motion was made by Council Member MacLauchlin, seconded by Council Member Biddle, and carried unanimously to approve the variance request allowing a minimum lot width qf 62 feet at the 25- foot building setback line as opposed to 75_feet on Lot 23 qf the Sierra Vista subdivision. UNFINSIHED BUSINESS John E. and Gale C. Riley Planning Director Brown stated the applicants are requesting a front yard setback of 20 feet as opposed to the 35 feet per code and a rear setback of 22 feet as opposed to the 25 feet per code for property consisting of 4 lots located at East Avenue, south of State Road CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 6 50 and north of Minnehaha Avenue, directly across from Sunnyside Park. Mr. Brown stated that the owners are planning to sell the lots and want to be able to market a property on which a 40' X 60' house can be constructed. Mr. Brown stated that the average front yard setbacks on the block are 28'6", which is less than code but more than the requested variance. Mr. Brown stated a variance for a front yard setback of 24 feet was previously granted to the lot to the west of applicant's property. Mr. Brown stated that the irregular shape of the site limits future house options, but does not render the lot unbuildable and Staff recommends denial of the requests. 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. John Riley, Hastings, Minnesota Frank Caputo, 3917 Scarborough Court Rodrick Strogle, 3813 Scarborough Court Attorney Jimmy Crawford, representing Mr. and Mrs. Riley stated that the Staff's recommendation changed very late and he did not get the message. Mr. Crawford stated the setback in the zoning district is 35 feet however the zoning district allows an average front setback is 28'6" and therefore they are actually requesting a variance of only 8 feet 6 inches. Mr. Crawford stated they are withdrawing their request for a rear yard variance. Mr. Crawford stated that the applicants do not want to sell a lot that cannot be built on and stated that the 40' X 60' pad is actually smaller than any of the surrounding homes. Mr. Crawford quoted case law stating that an irregular shape lot is a classic hardship for a variance. Mr. Crawford stated that Mr. and Mrs. Riley's neighbor support the granting of the variance request. Mr. Riley stated that he would like the property cleared up so that a future potential buyer will not have to go through this process. Mr. Caputo stated that by the time they built on the 40 X 60' pad, build a driveway and walkways and possibly a pool they will be dangerously close to exceeding the impervious CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 7 surface requirements. Mr. Caputo stated it looks as if they want to put 10 lbs. in a 5 lb. bag and he urged the Council to deny the variance. Mayor Turville stated he was concerned that there was not an actual site plan with a house design and all the Council had to look at was a 2,400 square foot box. Mr. Crawford stated he spoke with two builders to find out what size pad was needed to build a house and they are asking the minimum possible variance to make the property buildable within the character of the neighborhood and stated that while they have not offered a specific house plan, it does limit them to a footprint that is reasonable. Mayor Turville stated that the Council typically grants a variance to enable a home to be built that is more reflective of the lot size, not to enable someone to take an irregular shaped lot and build the maximum house you could build if you had the full lot. Council Member Lamb asked what the conditions were when the previous variance allowing a front yard setback of 24 feet was granted for the lot to the west of the subject property and Planning Director Brown stated that the applicant in that case was granted the variance in order to save a tree. Council Member MacLauchlin stated that she felt a unique home could be built on the 4 lots, which would still meet the setback requirements and Mr. Crawford stated that an unusual house could have been built on the previous variance just requested and no one questioned granting that variance. Council Member Mullins asked if it would be possible to maintain a front setback of 24 to 28 feet and decrease the rear setback to from 22 feet to 20 feet which would maintain the front of the house with the character of the neighborhood and go deeper into the backyard where it is not visible and Mr. Crawford stated they would be happy to do that. Mr. Caputo stated that the Council seemed to trying to move a hypothetical 40' X 60' slab from one portion of the property to the other and if the applicant was here with a specific building to go on the lot, then the Council could see what they were dealing with. Attorney Crawford asked Mr. Caputo how this variance would affect his property since he lives several miles away and Mr. Caputo stated he was concerned that the City Council was being asked to make an exception for this property and as a citizen he had a right to oppose this. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 8 Council Member Lamb stated that what was being requested did not seem to be out of line with the other homes on the street and she did not have any objections if the request is consistent to the neighborhood and none of the neighbors have any objections and it may actually improve the neighborhood. Mr. Strogle stated that if the basis for granting variances is based on what was done yesterday then everything will go to "hell in a handcart" and that is not good city planning. Attorney Crawford stated there had been several questions regarding how far back the surrounding homes were set and asked if the issue could be postponed so that he can go and measure the other homes and bring the Council better information regarding the homes in the area. A motion was made by Council Member Lamb, seconded by Council Member MacLauchlin, and carried unanimously to table the variance request bY John E. and Gale C. Riley until the July 11, 2000 meeting (time certain). City Attorney Guthrie advised the Council that when the variance request comes up again at the July 11, 2000 meeting the Council is locked into the advertising that was created regarding the setbacks requested. Ordinance No. 298-C-Final Reading Mayor Turville stated that this ordinance was introduced at the last meeting and relates to setback requirements in various districts, specifically Hartwood Marsh Road and read excerpts from Planning Director Brown's Memo. Mayor Turville read Ordinance No. 298-C by title only and invited public comment. ,4 motion was made by Council Member Lamb, seconded by Council Member Mullins, and carried unanimously by roll call vote, to approve Ordinance No. 298-C. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 9 Frances Hartle asked how much of Hartwood Marsh Road was in the City limits and how much was in the County and City Manager Saunders stated that the City Limits on the north side of Hartwood Marsh Road ends at Hancock Road and on the south side of Hartwood Marsh Road, the comer of Highway 27 and Hartwood Marsh on the south side is not in the City but the Lincoln Groves parcel is. Council Member Mullins requested that the City Manager contact Lake County and request that the County require the same setbacks on their side of the Road. Ordinance No. 299-C-Final Reading Mayor Turville read Ordinance No. 299-C by title only and asked for public comment. City Manager Saunders stated that this ordinance this is a "housekeeping ordinance" to clean up the zoning district language for consistency and clarification. A motion was made bY Council Member Biddle, seconded by Council Member Lamb, and carried unanimously by roll call vote, to approve tl~,, i~trcd;;ctlc, r. cf Ordinance No. 299-C. Ordinance No. 300-C-Final Reading Mayor Turville read Ordinance No. 300-C by title only. City Manager Saunders stated that this ordinance will amend the allowable impervious surface area for all development and reminded Council Members that this was discussed at a previous workshop. Mr. Saunders stated this ordinance will allow 55% with the principal building, driveway and walkways limited to 45% and also provides in a Planned Unit Development up to 65% with principal building, driveway and walkways limited to 55%. Mayor Turville stated he was concerned that the language for PUD's does not make it clear that the total impervious area is going to be lower than 65% and he stated he was also concerned that people will build out to the maximum and not CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 10 leave enough for a pool or other accessory and then will come requesting a variance for those. Mayor Turville stated that if our goal is to protect the waterways, one of the key tools for doing that is an impervious surface calculation and this is relaxing a good one. Planning Director Brown stated that for our regular R-1 sUbdivisions he could understand concerns of going from the 40% requirement to a 45% requirement, but stated that even if we stay at the 40% for the main structure, driveway and walkways, we still need to have an additional 15% for swimming pools, out buildings, sheds or other accessories. Mr. Brown stated that when it comes to PUD's, since many are on what we consider substandard lots, we need to provide additional impervious surface for the home, driveway and walkways as well as additional impervious for accessories such as pools, sheds or decks. Council Member Lamb referred to the Planning and Zoning Commission's recommendation that the total impervious surface coverage be limited to 55% for the entire lot, with the principal building, driveway and walkways limited to 45%, and with an additional 10% allocated for accessories such as pools, decks, and sheds for both PUD's and non-PUD subdivisions. City Manager Saunders stated the difference between Planning and Zonings recommendation and this ordinance was that this ordinance goes beyond that with Council Member Mullins stated he liked the idea of having different standards for PUD's and regular straight subdivisions and did not want "cookie-cutter" neighborhoods. Mr. Mullins stated that some people may want more green space and some people want less and if everyone is assured that their neighbor cannot exceed 55% everyone will still be protected while having a choice. Mr. Caputo stated that the recommendation of the Planning and Zoning Commission was that it be 55% maximum for any home, including PUD's. Mr. Caputo reiterated that the Planning and Zoning Commission felt there should be one standard that covers everyone. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 11 City Manager Saunders stated that a PUD is a negotiated development and if someone came in and demonstrated that they had considerable green space, the Council could give them 65% if they wanted to. Mr. Saunders stated that it would be more consistent to follow the Planning and Zoning Commission's suggestion with 45% and 55% for everyone. After considerable discussion there was consensus of the City Council that the paragraphs in the proposed Ordinance relating to PUD's will be deleted and the ordinance will state that "For all residential development the allowable impervious surface area shall be fifty-five percent (55%) with the principal building, driveway and walkways limited to forty-five percent (45%)." A motion was made by Council Member Lamb, seconded bY Council Member Mullins, and carried unanimously by roll call vote, to approve Ordinance No. 300-C as amended to delete the paragraph referring to Planned Unit Developments in each zoning category and state only "For all residential development the allowable impervious surface area shall be~f~_ -five percent (55%) with the principal building, driveway and walkways limited to for~-five percent (45%). Ordinance No. 396-M-Final Reading Mayor Turville read Ordinance No. 396-M by title only. City Manager Saunders stated that the ordinance was previously adopted by the Council, however the Department of Community Affairs is requesting that the Council re-adopt the ordinance since it could not accept the original adoption because our EAR report had not been found sufficient at that time. Mr. Saunders stated that the City has been notified that the EAR report has been found sufficient and we will resubmit to DCA with approval. Mayor Turville asked for public comment. A motion was made by Council Member Lamb, seconded by Council Member MacLauchlin and carried unanimously by roll call vote, to approve Ordinance No. 396-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 12 NEW BUSINESS Election Proclamation Mayor Turville explained that the Mayor is required to issue an Election Proclamation, which announces the upcoming election for seat numbers I, III and V. Mr. Turville stated the qualifying dates for the upcoming election are August 21, 2000 through August 25, 2000 and then read the Ci_ty o_fClermont Mayor's Proclamation. Bid Award-5th Street Fishing Pier City Manager Saunders stated that the City received bids for the fishing pier to be constructed on Lake Minneola at the end of 5th Street. Mr. Saunders stated that the pier was being funded by a grant awarded to the City from the Florida Recreation Development and Assistance Program. Mr. Saunders stated that the low bid was from Norquist Construction in the amount of $16,000 and that this amount is within the budget of our grant therefore Staff is recommending approval of the low bid. A motion was made by Council Member Biddle, seconded bY Council Member Lamb, and carried unanimousl_¥, to approve the low bid from Norquist Construction in the amount 0f$16, O00_for the construction of the 5th Street Fishing Pier. Resolution No. l132-Community Care and Rehabilitation Center, Inc. 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 and then read Resolution No. 1132 by title only. Planning Director Brown stated that the Rehabilitation Center has been operating under a CUP since January, 1997 and applicants are requesting renewal of the current CUP to allow the continuance of the operation of a rehabilitation center and adult care center at 343,345 and 347 North Highway 27 which is located in the office buildings north of Grand Highway east of Bloxam. Mr. Brown stated this as an appropriate use at this location and Staff recommends approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 13 City Clerk Van Zile swore in the following: Nancy Lamb, 381 E. Minnehaha Avenue Nancy Lamb stated that they are requesting the continuation of their current Conditional Use Permit. Ms. Lamb stated that the first permit they applied for was issued for one year and the second time they applied, a CUP was issued for two years and they would like a continuation of the current CUP so that they will not have to pay the $200.00 fee again. Mayor Turville stated for the record that he had spoken with Ms. Lamb on the telephone regarding her request that the Council waive the fee. Mr. Turville stated he had discussed with Staff the request that the fee be waived and discovered the City does not have a vehicle to not put an expiration date on a CUP. City Manager Saunders stated that the City does not have anything in our Codes that allows a continuation of a CUP and this would actually be an amendment to the CUP to allow permanent use of this location. Mr. Saunders stated that in the past, the Council has allowed applicants to just pay the direct costs incurred to process the CUP, such as the advertising and suggested they may want to consider that in this case. A motion was made by Council Member MacLauchlin, seconded by O0 - Council Member Mullins, and carried unanimously, to adopt Resolution No. 1132 allowing the continuous use o_f the operation of 1'~ ] a rehabilitation center and adult care center. A motion was made bP Council Member Biddle, seconded bY Council Member Lamb, and carried unanimouslY, to adjust the_fee for the application of the Conditional Use Permit (Res. 1132) and require applicants to pay only the actual costs incurred by Sta_f_f. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 14 Resolution No. l133-Greater Construction Corporation Mayor Turville read Resolution No. 1133 by title only. City Attorney Guthrie confirmed that because the City Council adopted Ordinance No. 300-C, this request was now unnecessary. The representative from Greater Construction withdrew their request. CITIZENS COMMENTS Frances Hartel said she appreciated that Bloxam Avenue has been opened and you can now go from Clermont to Milmeola without having to get onto Highway 27, and stated that a lot of senior citizens were using the road now. Ms. Hartel stated that when she travels on Bloxam Avenue between 5th Street and DeSoto Street, there is a lot of trash on the sides of the road and she would appreciate any assistance in keeping it cleaned up. Joe Janusiak asked where the golf courses got their water and Mayor Turville stated that all of the golf courses in the City have private wells and in the near furore those in the city will be using re-use water. Mr. Janusiak asked about the stares of Lincoln Park. City Manager Saunders stated that the picnic pavilion and restroom bids have been awarded, the permits from Lake County should be issued this week and our contractor is ready to start work as soon as the permits are issued. Mr. Saunders stated that the exercise path and fimess stations have been ordered and should be in within about four weeks. Dick Tegen asked whose responsibility it was to maintain the median located on Highway 27 just south of the cut into Kings Ridge. Mr. Tegen said there are "For Sale" signs and other signs that are blocking the view of northbound traffic and they are causing a dangerous situation. The Council advised Mr. Tegen that the DOT was responsible for maintenance of the median there. Planning Director Brown advised the Council that the Department of Transportation and Lake County have both given the City of Clermont the authority to police their right-of-ways and we will CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 27, 2000 Page 15 remove those signs. There was a discussion regarding the possibility of the City fining those persons who put signs up in the rights-of-way. There being no further business or discussion, the meeting adjourned at 9:30 p.m. l~i~d S. Turville, Jr. Mayor Attest ~seph E. Van 7_~e, City Clerk Mem TO: FROM: DATE: SUBJECT Wayne Saunders, City Manager ,ndu Preston Davis, Public Service Director June 14,2000 Surplus Equipment Request for Auction Truck Number 4229 1986 Dodge Pickup Truck ID # 1 B7HD 14HXGS094920 Tag # 23336