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01-11-2000 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 A regular meeting of the City Council of the City of Clermont was held Tuesday, January 11, 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, Planning Director Brown, Finance Director Van Zile 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 Mutlins, seconded by Council Member Biddle, and carried unanimously to approve the minutes of the regular Council Meeting held December 14, 1999 and the Workshop Meetings held November 29, 1999 and December 8, 1999. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that there was $22,000 included in this year's budget for the purchase of a new mower. He stated that Orange County School Board placed mower equipment out for bid and wrote their ads and bid specifications so that other governmental entities could take advantage of the bids. Mr. Saunders stated that the particular mower the City needs is on bid for $19,875 and Public Services Director Davis has requested approval to purchase that mower, piggy backing on the Orange County bid. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 2 OO A motion was made by Council Member Mullins, seconded by Council Member -oo~Biddle and carried unanimously to approve the purchase of the mower for $19,875 -~from Orange County. City Manager Saunders stated that the City has advertised for engineering firms for the expansion of the Sewage Treatment Plant and on-going engineering services for the projects the City has budgeted in the upcoming year and any miscellaneous projects that may come along. Mr. Saunders stated that the next step is for the City to review the applicants who have submitted their qualifications, short-list that down to three, rank them one, two and three, and negotiate a contract. Mr. Saunders stated that either the Staff can review and bring a recommendation back to the City Council of the ranked one, two and three or if the City Council would like to hear presentations from the firms it can be done that way. Mr. Saunders recommended that he, City Engineer Tamara Richardson and Public Service Director Davis review the qualifications that have been submitted, rank them, and bring them back to the City Council for final approval. A motion was made by Council Member MacLauchtin, seconded by Council Member Biddle, and carried unanimously to have City Manager Saunders, City Engineer Richardson and Public Services Director Davis rank the applicants and bring their recommendations back to the City Council. City Manager Saunders reminded the Council of the Council Retreat to be held January 21, 2000 at the Highlander Hut, starting at 8:30 a.m. He stated that the Workshop is open to the public and requested that he be advised of any items any Council Member would like placed on the agenda. CITY ATTORNEY GUTHRIE No report. FINANCE DIRECTOR VAN ZILE CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 3 No report. COUNCIL MEMBER BIDDLE Council Member Biddle stated that the new owners of Lakeshore Realty have requested that the barriers in front of their building at the corner of West Avenue and Montrose Street be replaced since they are so old and look so bad. City Manager Saunders stated that the City would replace the barriers. COUNCIL MEMBER MULLINS Council Member Mullins reported that the Fire and Police Pension Boards have been meeting and they are still waiting for the League of Cities to provide the mandated changes. Mr. Mullins stated that while they are waiting for those changes, the Police Officers and Fire Fighters are giving their suggestions to their Boards. COUNCIL MEMBER LAMB Council Member Lamb reminded everyone that the League of Cities will be meeting Friday, January 14, 2000 and there will be a discussion regarding the final phases of the Joint Planning Agreement. Council Member Lamb stated she had received a telephone call from a resident in Kings Ridge concerned about some burning in that area. Ms. Lamb requested that the City Manager look into that. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 4 COUNCIL MEMBER MACLAUCHLIN Council Member MacLauchlin stated she was contacted by a resident who would like the intersection of Bloxam and Highway 50 re-striped to indicate the turn lanes. City Manager Saunders stated he would contact DOT and request the re-striping be done. Council Member Lamb stated that East Avenue also needed to be re-striped. MAYOR TURVILLE'S REPORT Mayor Turville stated the City's appreciation for Joe Janunsiak's service to the City and the citizens of Clermont and acknowledged his 76th birthday. Mayor Turville read the Arbor Day Proclamation into the record, declaring January 15, 2000 as Arbor Day in the City of Clermont. Mayor Turville read from a letter received by the City awarding the City of Clermont a Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Financial Report for the fiscal year ended September 30, 1998. Mr. Turville stated that the letter informs the City that the Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting and represents a significant accomplishment by a government and its management. Mayor Turville further stated that along with the award, an award of Financial Reporting Achievement is presented to the individual designated by the government as primarily responsible for having earned its certificate. Mayor Turville stated that enclosed was an Award For Financial Reporting Achievement for Joseph E. Van Zile, Finance Director for the City of Clermont. Mr. Turville stated that this was the 11th year in a row Mr. Van Zile has received this award and expressed the City's appreciation for the excellent job. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 5 Mayor Turville stated the Transportation Task Force is working to organize the interests of South Lake and West Orange to try and deal with the traffic problems. Mr. Turville stated they are trying to contact political interest associated with our welfare and had met with Representative Webster and will meet with the representatives of the Expressway Authority. Mr. Turville stated that there should be a resolution before the next council meeting. Mayor Turville stated that he received a complaint from the State Director of the National Atheist Society regarding a cross that was one of the many displays on Center Lake during Light Up Clermont. Mr. Turville explained to him that the Kiwanis Club sponsors the display around the lake and the City Council would discuss whether the City should change or provide guidelines to the Kiwanis and whether we were in-line with current law. CONSENT AGENDA CTF Sommer Sports Request for approval of 2000 Clermont Event Schedule motion was made by Council Member Mullins, seconded by Council Member Biddle, and carried unanimously to approve the Consent Agenda. VISITORS WITH BUSINESS Mayor Turville stated that the following issues require a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the requests should be sworn in. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 6 Denise and Robert Porter Planning Director Barry Brown stated the applicants are requesting a side yard setback of 30 feet as opposed to the 35 feet required by code in order to enclose a breeze way that connects an existing residence with an existing garage. Mr. Brown stated the code calls for a 35 foot setback from all streets for residences in the R-1-A zoning district and the subject property is a corner lot at the intersection of Lakeshore Drive and Second Street. Planning Director Brown stated that the residence faces Lakeshore Drive and is accessed from the east side by way of Second Street. Mr. Brown stated the residence is 28.2 feet from the side property line and the garage is 11.54 feet from the property line. Mr. Brown stated that the requested variance of 30 feet is less of an encroachment into the setback than the existing residence and garage and since the request does not increase the encroachment into the setback, staff recommends approval. Mayor Turville opened the public hearing and City Clerk Van Zile swore in the following: Robert Porter, 8501 Pine Island Road, Clermont, Florida Mr. Porter offered to answer any questions anyone might have and reiterated Planning Director Brown's explanation stating that there would be no further encroachment into the setback and that the breeze way already is roofed and they would just be adding walls to enclose it in order to supply heat and air and for safety in moving from the garage to the house. Mayor Turville closed the public hearing. A motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously, to approve the variance allowing a sideyard setback of 3O feet as the request is less of an encroachment into the setback than the existing residence and garde. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 7 Mark Chodos Planning Director Brown stated that the applicant is proposing to construct a driveway from Minneola Avenue into the parking lot of his restaurant. Mr. Brown stated our code requires all vehicular access points shall be at least 100 feet or two-thirds the distance of the parcel frontage on a street, whichever is greater, from the intersection of any right-of-way lines of the street. Mr. Brown stated that by complying with this code, the applicant would have to move a power pole and guy wire in order to construct the driveway, therefore the applicant is requesting he be allowed to construct the driveway 53 feet from the intersecting right-of-way lines of Minneola and West, placing the driveway just to the east of the existing power pole. Mr. Brown stated that the variance request will be a safe distance from the intersection of West and Minneola and staff recommends approval. Mayor Turville opened the public hearing and City Clerk Van Zile swore in the following: Mark Chodos, 10411 C.R. 474, Clermont, Florida Mr. Chodos offered to answer any questions anyone might have. Mayor Turville closed the public hearing. Council Member MacLauchlin stated that West Avenue has a 100 foot right-of-way and there is a big distance beyond the right-of-way before you actually enter the road, which is in Mr. Chodos' favor. Mayor Turville stated that the driveway would better accommodate the parking area that is on the site plan. motion was made by Council Member Lamb, seconded by Council Member Mullins, and carried unanimously to approve the variance request allowing the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 8 construction of a driveway 53feet from intersecting right-of-way lines of Minneola and West to avoid the existing power pole and guy wire. Richard Weber Planning Director Brown stated the appli.cant is requesting two variances, the first of which is to construct a driveway from Broome Street into the parking lot of a future professional office complex on the corner of State Road 50, Tenth Street and Broome Street. Mr. Brown stated that complying with our code requiring vehicular access points being located at least 100 feet or two-thirds the distance of the parcel frontage on a street, from the intersection of any right-of-way lines of streets would create a driveway with a steep slope and would place the driveway at the low point of the property where the stormwater retention pond is more logically placed. Mr. Brown stated the applicant is requesting that the driveway be located 38 feet from the intersecting right-of-way lines of Tenth and Broome and staff recommends approval as it believes the proposed location is safe and will result in a better project. Mayor Turville opened the public hearing and City Clerk Van Zile swore in the following: Richard Weber, 11126 561-A, Clermont, Florida. Mr. Weber stated that the property is unique in that it is bordered by three streets with makes it difficult to comply with the code. Mr. Weber stated that because of the severity of the slope of the property, they need to accommodate the retention pond. Mayor Turville closed the public hearing. OO A motion was made by Council Member MacLauchlin, seconded by Council Member Biddle, and carried unanimously to approve the variance allowing the driveway to be 38feet from the intersecting right-qf-way lines of Tenth and Broome. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 9 Planning Director Brown stated that the second variance requested by Mr. Weber is a variance from our code requirement to construct a sidewalk along Broome Street. Mr. Brown stated that due to the steep slope of Broome Street and the inability to continue the sidewalk eastward to West Avenue due to existing obstructions, including a retaining wall, staff recommends approval. Mayor Turville stated he appreciated the difficulty in constructing the sidewalk on that side of the road and asked Mr. Weber if he would consider putting in a sidewalk on the other side of the road. Mr. Weber stated he would have no problem with that. -oo ' A motion was made by Council Member Biddle, seconded by Council Member Mullins, and carried unanimously to approve the variance relieving the applicant from constructing a sidewalk along the south side of Broome Street. City Manager Saunders agreed to meet with Mr. Weber regarding the construction of a sidewalk on the other side of Broome Street, across from the project. Janet Christoff Planning Director Brown stated the applicant is requesting a variance from our code requirement that a parcel of land be a minimum of 10 acres in size in order to be eligible for Planned Unit Development (PUD) zoning. Mr. Brown stated the applicant's parcel is only 5 acres, however, the Comprehensive Plan, through the language in Land Use District-5, requires that professional office uses go through the PUD process. Mr. Brown stated a conflict exists between the Code and the Comprehensive Plan and staff believes the intent of the Comprehensive Plan should be followed and that the PUD process will result in a better project. Mayor Turville open the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 10 Attorney Jimmy Crawford appeared on behalf of the applicant and offered to answer any questions. City Clerk Van Zile swore in the following: Howard Barry, 439 Carroll Street, Clermont, Florida Nancy Fullerton, 368 Montrose Street, Clermont, Florida Elaine Rennick, 1974 Brantley Circle, Clermont, Florida Mr. Barry asked if allowing the variance would increase density and Planning Director Brown said it would not. Ms. Fullerton requested that when a variance is requested, she would like to have it stated what the property is going to be used for and would also like to know if Planning and Zoning reviewed this. City Manager Saunders explained that the Planning and Zoning Commission does not review variance requests. Mr. Saunders stated that the project was for an office building and it will be going through the PUD process in front of the Council if the variance is granted to allow PUD on less than the 10 acre site. Planning Director Brown stated that the Planning and Zoning Commission has already heard the request for the PUD and have recommended approval of the project. Ms. Rennick stated that the Planning and Zoning Commission were told that if the office complex was not approved, the project could be multi-family and asked if left the way it is Would the density be lesser or greater. City Manager Saunders stated it could be multi-family in that area and Planning Director Brown stated that the PUD gives the City more control of the density. Mayor Turville closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 11 A motion was made by Council Member BiddIe, seconded by Council Member Lamb, and carried unanimously to approve the variance. Gordon Hallgren-Request t'or 2-hour parking Mayor Turville stated Mr. Hallgren had asked this be withdrawn from the agenda. UNFINISHED BUSINESS Ordinance No. 389-M Mayor Turville stated this was the final reading of Ordinance 389-M and read the ordinance by title only. City Manager Saunders stated that this ordinance will release an easement on a roadway that has been previously closed by the City Council west of Citrus Tower Boulevard, north of Highway 50. Mr. Saunders stated the Council routinely retains easements for utilities over closed roadways, however this site has been previously approved for a development that will provide adequate rights-of-ways and easements for our utilities in the future and the existing easement is in conflict with the approved development plan. Mr. Saunders stated that staff recommends approval. Nancy Fullerton asked what the project was and City Manager Saunders stated that this is the multi-family project located north of the new Kash N' Karry. Howard Barry stated that when ordinances are read, most people do not understand them and Mayor Turville advised Mr. Barry and the citizens that the agendas and all information is available at City Hall the Wednesday before each Council meeting and Council Member Biddle stated that there is a Public Packet for the citizens on the podium at all the Council meetings for the citizens to review. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 12 Council Member Lamb suggested we have a table with copies of the council packet information set out for review before the meetings. A motion was made by Council Member Biddle, seconded by Council Member ~" 0 ]~) Mullins, and carried unanimously by roll call vote, to adopt Ordinance 389-M. NEW BUSINESS Mayor Pro Tem Appointments Mayor Turville stated that typically the balance of the meeting would be the organizational meeting of the City Council held at the first meeting in January. Mr. Turville stated that City Manager Saunders had received requests from a couple of Council Members that this organizational meeting be tabled until the January 24, 2000 meeting in order that the appointments of Mayor Pro Tem and the Boards and Commissions can be discussed and reviewed at the Council Retreat Workshop on January 21, 2000. Council Member Lamb stated she felt that waiting until the next meeting would also give those citizens who are interested in serving on a Board or Commission an opportunity to come to the workshop and address the Council. Ms. Lamb requested an attendance record of those who are presently serving on Boards and Commissions. City Manager Saunders said that the organizational meeting can be tabled until the next Council meeting. oo -o II A motion was made by Council Member Lamb, seconded by Council Member Mullins and carried unanimously to table the organizational meeting of the City Council for appointments qf Mayor Pro Tern and Boards and Commissions to the January 25, 2000 City Council meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 13 CITIZENS' COMMENTS Don Ballard stated that there was a smell coming from the Sewage Treatment Plant that he could smell in Kings Ridge and the sewage smell can be noticed on Hancock Road and requested that the City look into it. David Falzon requested a copy of the Minutes from the December 14, 1999 City Council Meeting and was told they were now approved and he could pick up a copy at City Hall. Mr. Falzon asked the Council to again state its position regarding the lakefront property in front of his home and City Attorney Guthrie read the Council's position directly from the December 14, 1999 Minutes. Mayor Turville again reiterated to Mr. Falzon that based on the title search of the property and investigation by the City Attorney, the Council's position is that Mr. Falzon does not own the property. Nancy Fullerton, President of the Save Our Lakes Committee stated that they are concerned about stormwater runoff in Clermont's lakes and would like the City to do whatever it can to help the situation. Ms. Fullerton stated that Clermont's Chain of Lakes is not on the County's priority list for any kind of assistance as our lakes are considered to be in good shape. Ms. Fullerton stated that she felt the City's charge of $3.00 a month for stormwater is too low and we should raise that price in order to have money for prevention measures, rather than waiting until our lakes are in bad shape. Ms. Fullerton asked if the City had a total overall plan for plugging any pipes that dumped into our lakes and asked if those pipes were mapped on paper so we knew where they were. City Manager Saunders stated that the staffand previous City Councils have long recognized the need to protect the good lakes and do not want to wait until our lakes are in bad shape and spend millions of dollars to try and bring them back. The City began its efforts on Lakeshore Drive and Lake Winona and a retention area was built along the entire length of Lakeshore Drive between the lake and Lake Winona that captures stormwater before it goes into the lake. Mr. Saunders stated that over the last CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 14 five years with the Waterfront Project that is almost completed, the City identified all of the direct pipes going into Lake Minneola along the entire City limits and have eliminated all of the direct runoff pipes into Lake Minneola. Mr. Saunders stated that the City is ahead of where a lot of cities in Lake County are. Mr. Saunders stated we still have direct runoff into Lake Minnehaha and the City has met with various people to discuss ways that we can accomplish solving that and that is the next challenge. Mayor Turville stated that Sunnyside Lake and Crystal Lake both have retention areas that the City has put in. Mayor Turville stated that the biggest reason the Clermont Chain of Lakes remains essentially pristine is the Clermont Sewer Treatment facility which was good planning and is one of the greatest guardian we have against the introduction of nutrients into our lake system. Mayor Turville stated he felt the City of Clermont has early on done a good job and we were the first or second community to adopt the stormwater utility. Ms. Fullerton requested that the City Manager write a letter to the Summit and be on record that we would like them to consider resources to care for the healthy lakes as prevention of the future greater expense of trying to fnx them after they're ruined. Howard Barry stated he does not want stormwater fees to increase and that nothing will help the lakes or environment until we stop growth. Elaine Rennick stated she was a designated "Lake Watch" volunteer for Lake Minnehaha and was happy to hear the City would be looking into that as in the last 10 years the clarity has gone from 9 to 10 feet to 3 feet and the water level has dropped 1 foot in the last three years. Charlene Forth stated that growth was impacting our lakes and we need to do something about it now and asked the Council to do something. Ms. Forth stated she had heard people asking for a moratorium on growth. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 11, 2000 Page 15 There being no further business or discussion, the meeting adjourned at 9:30 p.m. ~d' STTurville, J}. Mayor Attest: