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06-13-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page I A regular meeting of the City Council of the City of Clermont was held Tuesday, June 13, 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 Biddle followed by the repeating of the Pledge of Allegiance to the Flag by all present. Mayor Turville introduced Fire Chief Bishop. Fire Chief Carle Bishop stated that he was proud to introduce Christen Wilson and her family and explained that Christen was being recognized by the City of Clermont for saving the life of Richard Baker, a near drowning victim. Fire Chief Bishop introduced Mr. Baker and his wife and Mayor Turville expressed the City's thankfulness that he was present. Chief Bishop presented Christen Wilson with a plaque recognizing her quick response and bravery demonstrated during the rescue of Mr. Baker and also presented her with a white teddy bear and tickets for her family to Disney World. MINUTES A motion was made by Council Member MacLauchlin, seconded bY Council Member Biddle, and carried unanimously to approve the minutes of the regular Council Meeting hem Map 23, 2000 and approval of the Minutes of the Council Workshop heM Ma¥ 16, 2000, as amended to correct the ~pographical error showing the date as Mag 1, 2000 to May 16, 2000. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that the Lake County Commission voted 4 to 1 at their meeting held on June 13, 2000 to proceed with the non-profit group plan to provide ambulance service. Mr. Saunders stated that this will basically be the same service we are receiving now, plus an addition of three ambulances. Mr. Saunders stated that a Board of CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page 2 Directors would oversee the non-profit group with the final budgets being approved by Lake and Sumter County Commissions. Mr. Saunders stated that the Commissioners made it clear that there will be opportunities in the future for the cities to be involved to some extent. Council Member Lamb reiterated the Council's consensus at a previous workshop, that our City should make sure our Fire Department is in place to provide advanced life support. Ms. Lamb stated that we are in untested waters with this new ambulance service and the 8-minute response time is not satisfactory and our firefighters should be prepared. City Manager Saunders stated that most of the cities that have been involved with this made it very clear that we want the opportunity to be involved because the 8-minute response time is unacceptable to us. City Manager Saunders stated that Chief Bishop has developed a budget that will be reviewed by Council during this year's budget workshops. City Manager Saunders stated that recently there were two church projects and those churches questioned how the water and sewer impacts fees could be so high. Mr. Saunders stated that after reviewing the Impact Fee Report provided by Hartman & Associates, Inc. and doing some research on our own, it was discovered that there was a typographical error in the Report. Mr. Saunders stated that Haman & Associates has provided a revised report that corrects the typo and corrects the factor for churches from 0.3 ERC/100sfto 0.03 ERC/100sf. Mr. Saunders stated that both churches have been notified and it has made a significant difference for both church projects. WORKSHOPS City Manager Saunders then scheduled the following workshops with the Council Members: · June 29, 2000-Regular Council Workshop-6:00 p.m.-Police Dept. · July 6th, July 13th, July 18th & July 19th-Budget Workshops-6:30 p.m.-Police Dept. CITY ATTORNEY GUTHRIE No report. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page 3 FINANCE DIRECTOR VAN ZILE No report. COUNCIL MEMBER BIDDLE Council Member Biddle invited everyone to the Clermont Main Street Town Meeting on Thursday, June 22, 2000, from 7:00 p.m. to 9:00 p.m. at the Moonlight Players Warehouse Theater. COUNCIL MEMBER MULLINS No report. COUNCIL MEMBER LAMB No report. COUNCIL MEMBER MACLAUCHLIN No report. MAYOR TURVILLE'S REPORT Mayor Turville stated he attended another Lake Apopka Planning Initiative meeting and received a map that shows Clermont's relationship to the Lake Apopka Drainage District. Mayor Turville stated that the group is going to try and promote development guidelines specific to the drainage basin. Mayor Turville stated he would provide copies to all Council Members in the next Council packet. 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. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page 4 Item No. 1-Recycle Bins Purchase Item No. 2-Lennar Homes Impact Fee Credits Item No. 3-McKinney Park Fitness Trail Item No. 4-Engineering Agreement A motion was made b_¥ Council Member Lamb, seconded bP Council Member Mullins, and carried unanimously to approve Items 1, 2, 3 and 4 listed on the Consent Agenda. VISITORS WITH BUSINESS American Eagle Fireworks, Inc. City Manager Saunders stated that American Eagle Fireworks is requesting a Tent Permit and an Open air Sales permit for property located on the frontage road adjacent to the Bait and Tackle Store. Mr. Saunders stated he talked with the representative of American Eagle Fireworks and they indicated that they are making this request with the understanding that there would be an exception and the permit could be revoked if the drought continued. Mr. Saunders stated that due to the severe drought and danger of fire that we are now experiencing in our community, Staff recommends that this request be denied. After discussion there was consensus that with the drought conditions and the water situation it would be dangerous to approve sales of fireworks. A motion was made bY Council Member Lamb, seconded by Council Member Biddle, and carried unanimously to deny approval qf Tent and Open Air Permits to allow the sale of_fireworks bY American Eagle Fireworks, Inc. because of the drought our communi_ty is experiencing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page 5 Rob Ahrens-The Legends Planning Director Barry Brown stated that the applicant is requesting a variance to allow a 65% impervious area per lot where 40% is allowed under our Land Development Regulations for The Legends Development located on U.S. 27, west of Kings Ridge Development. Mr. Brown stated that impervious area issues were discussed at the Council Workshop held May 1, 2000 and it was consensus of the Council that in PUDs with additional open space, such as golf courses, individual lots should be allowed a greater impervious area than our current code allows. Mr. Brown stated that Staff recommends approval. 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: Elaine Rennick, 1974 Brantley Circle, Clermont Rob Ahrens, 286 S. Wymore Road, Altamonte Springs Don Ballard, 2536 Westerham Drive Mr. Ahrens stated that as a result of the discussions and consensus of Council during the Council Workshop of May 1, 2000, there was an Ordinance regarding impervious surface issues that would be coming before the Council soon. Mr. Ahrens stated that they are requesting this variance in order to be able to go ahead and pull some of their building permits and begin construction of homes instead of having to wait for the Ordinance to process through the system. Mr. Ahrens showed the site plan of the PUD and explained that under this request, if every home were built to the 65% coverage on the lot, the commercial parcel was built to its fullest extent allowable and the club house, including the tennis courts and basketball court were built, this PUD would still fall under the City's code of allowable impervious area. Elaine Rennick stated that the Planning and Zoning Commission discussed the reqeust and was concerned that the Ordinance is not in place and that a variance now might set a precedent. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page 6 Council Member Lamb stated that even if the new Ordinance were already in place someone could still apply for a variance. Planning Director Brown stated that this variance request reflects what is in the Ordinance that is coming before the Council. Mayor Turville stated he was concerned that at some time in the future someone may decide to develop the golf course. City Manager Saunders stated that if in the future a developer wanted develop the golf course, the PUD would be back in front of the Council and at that time the Council would have the opporfunity to do whatever it wished regarding the impervious area. City Attorney Guthrie stated that the PUD was approved with the condition that there would be a certain amount of open space so the Council will have substantial discretion to limit the amount of development and restrict it dramatically in the event the golf course was ever proposed to be developed after giving this concession while relying on the existence of the golf course. Council Member Biddle stated that he had no problem at all with what was being requested by the applicant, however in two weeks there would be a full public hearing on the Ordinance and he wondered whether granting the variance now might almost force the Ordinance to be what is in the variance. Mr. Biddle stated he was only concerned with the mechanics of the process and while he did not want to hold up Mr. Ahrens, he wondered whether waiting two more weeks for the finalization of the Ordinance would be better. City Manager Saunders stated that a similar variance has already been granted by the Council for Summit Greens, so this request alone will not set a precedent. Don Ballard inquired whether the variance could include language that the golf course would not be allowed to be developed in the future and Mayor Turville stated that we do not have a "conditional variance", so the PUD or CUP must list the conditions. Council Member Biddle stated that based on the information obtained during discussion he would support this variance request. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page 7 A motion was made by Council Member Lamb, seconded by Council Member Mullins, and carried unanimously, to approve the variance request to allow a 65% impervious area per lot. UNFINSIHED BUSINESS Resolution No. l123-Wesley R. Kihlmire-Westminster Care Communities City Manager Saunders stated that the applicants are requesting this be. tabled. Mayor Turville stated that since this matter has been tabled several times, he felt it should be re-advertised. A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimouslY, to table Resolution No. 1123 and that the resolution will be re-advertised. NEW BUSINESS Introduction of Ordinance No. 298-C Mayor Turville read Ordinance No. 298-C by title only. City Manager Saunders stated that this ordinance will amend Chapter 122 of our Code of Ordinances relating to setback requirements in various districts, specifically Hartwood Marsh Road. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously, to approve the' introduction of Ordinance No. 298-C. Introduction of Ordinance No. 299-C Mayor Turville read Ordinance No. 299-C by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page 8 City Manager Saunders stated that this ordinance will amend Chapter 122 of our Code of Ordinances relating to types of permitted and conditional uses in various zoning districts. Mr. Saunders stated that this is a "housekeeping ordinance" to clean up the zoning district language for consistency and clarification. A motion was made by Council Member MacLauchlin, seconded by Council Member Biddle, and carried unanimously, to approve the introduction o_f Ordinance No. 299-C. Introduction of Ordinance No. 300-C Mayor Turville read Ordinance No. 300-C by title only. A motion was made bY Council Member Mullins, seconded bp Council Member MacLauchlin, and carried unanimously, to approve the introduction of Ordinance No. 300-C. Introduction of Ordinance No. 396-M Mayor Turville read Ordinance No. 396-M by title only. City Manager Saunders stated that this ordinance will establish school siting criteria. Mr. 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. A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously, to approve the introduction of Ordinance No. 396-M. Resolution No. ll31-Fiorida Main Street Mayor Turville stated that this Resolution authorized participation in the "Florida Main CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 2000 Page 9 Street" Program. Council Member Biddle stated that this resolution is part of the application process for being designated for the Main Street program. Mr. Biddle stated the State of Florida wants to insure that the Cities applying for Main Street have the full support of their Councils. A motion was made by Council Member Biddle, seconded bv Council Member MacLauchlin, and carried unanimousl_¥, to adopt Resolution No. 1131. Bid Award-Police Department Computers City Manager Saunders stated that we received bids for computers for the Police Department and Staff is recommending the low bid from Arm Computer, Inc. in the amount of $13,194. A motion was made bY Mayor Turville, seconded by Council Member Lamb, and carried unanimously, to accept the low bid from Arm Computers, Inc. in the amount qf $13,194_for the Police Department Computers. CITIZENS COMMENTS Charles Driggs stated that he and Frank Smith would like to recommend that the City Council approve the use of the grassy area at the end of 8th Street at Osceola Street to erect a South Lake Veterans Memorial. Mr. Driggs stated that he had great support from the community and Mr. Wolfe has offered to donate the flagpole, Mr. BonJorn has offered to do the electrical work and Mr. Kurfiss had offered to donate the monument. Mr. Driggs stated that they would only ask that the City lay the slab and put the pole in the ground. Mr. Driggs stated that all of the amenities and maintenance would be taken care of by American Legion Post No.55 who will also provide the American Flag and the POW-MIA Flag. Mayor Turville asked that this request be put on the next Council Agenda. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13; 2000 Page 10 Bob Beasley stated that they have applied for a new Korean Veterans Association Charter and asked everyone to spread the word to those who might be interested in the organization. Elaine Renick stated that considering the size of the City of Clermont now, she does not feel it is possible for the City's one Code Enforcement Officer to handle the job alone and it does not do any good to have good codes on the book if we don't have sufficient staff to enforce the codes. There being no further business or discussion, the meeting adjourned at 8:40 p.m. Attest ~seph~ City Clerk .I4al~d S. Turville, Jr. Mayor