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01-09-2001 Regular Meeting CITY OF CLERMONT 'MINUTES REnt. AR couNcm. JANUARY 9, 2001 Page I A regular meeting of the City Council of the ~City of Clermont was held Tuesday, January 9, 2001 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Pro Tern Biddle-with the following Couacil Member~ present: Council Member Mullhas, Council Member MacLauchlin and Gouncil Member Renick. Other City officials pre~ent were City Maa~ger Saunders, City Attorney Guthrie, Planning Director Brown and Deputy City ClerkMadd0x. Mayor Turville was absent. INVOCATION The Invocation was offered by Council Member Biddle followed by the repeating of the Pledge of Allegiance to the Flag by all present.', " MINUTES A motion was made by Council Member MacZauchlin, seconded by Council Member Renick, and carried unanimously to approve the minutes of the rel~ular Council Meeting held December 12, 2000. CITY MANAGER SAUNDERS' REPORT City Manager Saunders reminded the Council of the Council Retreat to be held January 18, 2001 at the Highlander Hut, starting at 9:00 a.m. City Manager Saunders scheduled a workshop with the Council Members for Thursday, January 25, 2001. CITY ATTORNEY GUTHRIE No report. COUNCIL MEMBER RENICK No report. CITY OF CLERMO~ MilNUTES REGUL ,R CO.UNC MEET G JANUARY 200 Page 2 COUNCIL MEMBER MULLINS No co'cra No report. .COUNCrL. m VmER BmOLE Council Member Biddle invited everyone to the Business At, er HOurs, between 5..'00 PLm-: and 7:00 p.m. on Thursday, lahuary 11, 2001, and stated the event will feature the Main.' Street project and all of the shops.downtown will be open. Council Member Biddle stated that there had been discussion about changing the COuncil Meeting time. from 7:30 p.m. to ·7:00 p.m. and asked for comments from tl~e CoUncil Members and City Manager Saunders. · ARer discussion, there was consensus that beginning with the February 13, 2001 meeting, the Council Meetings will begin at 7:00 p.rm A motion was made by Council Member Mullins, seconded by Council Member Macr~uchlin, and carried unanimously to begin City Council Meetings at 7:00 p.m. beginning February 13, 2001. Mayor Pro'Tem Biddle read the Arbor Day Proclamation into the record, declaring January 20, 2001 as Arbor Day in the City of Clermont. CONSENT AGENDA Item No. 1-Parks and Recreation Purchase of Bleachers Item No. 2-Parks and Recreation Replacement of Playground Equipment for Seminole Park CITY OF CLERMONT MINUTES m OULA CO--Cra JANUARY 9~ 2001 Page 3 · Item No. 3-Clermont.Downtown Partnership-Closing of Montrose Street for .ii.'~ i~t Friday Events .4 motion was matte b_~ Council Member Mullins, seconded by Council. Member Renic~ .and carried unanimously to approve Items I through 3 of the.~.onsent agenda.~ ~smr~D:BUSI~SS. .' May r pro Tern Bid e md Ordi. ce No. 40 -M by fle o Y. Ci~ M~ager Sa~de~ s~ted ~at ~s or~n~ce ~11 pro.de for a tel~omm}~oi~fion ~cMse ~ Adelp~a B~ess Solution. ~. Sa~de~ ~mted ~t ~e or~ w~ tabled seve~l times waiting for Adelp~a to approve '~e re~io~ W ~e a~e~ent suggest~ by CiW A~omey Gu~e, ~d ~e a~rov~ ~ b~ prodded by co~espond~ ~t~ De~b~ 19, 2000, a copy ofwMch was prodded to Council Member. 'Council Member Renick asked if this had been discussed at length before she b6came a Council Member and City Manager Saunders stated it had been reviewed several times and the City has entered into similar telecommunication agreements in the past. Council Member Renick asked if Adelphia was going to be marketing in our area or were they just using our area as a pass-through to get to another area. Council Member? Renlck had questions regarding the fees and insurance risks, as well as whether Adelphia would be allowed to arbitrarily cut down trees in rights- of-way. City Manager Saunders stated that Adelphia is attempting to enter into competition with Sprint and other companies who are in this market. City Manager Saunders stated that the 1% fee is a Statutory fee and that is all we can charge. ' CITY OF CLERMONT MINUTES REGULAR'COUNCIL MEETING JANUARY 9, 2001 Page 4 City Attorney Guthfie exPlained that.Adelphia can send their signals through the air.until they want to serve our area.with cable T.V. or the telecommunications that they offer.' Mr. Guthfie' stat.ed' th~. ~t. b~Cause the Telecommunications Act of 1995 greatly constrains the ability' 0f the: State and 16cal G0~ernments to deny franchises because the legislature states the Let was intended to encourage competition ' among cable providers, therefore the City is not in a position to disallow a company to come in. Council Member Renick asked whether Adelphia, in order'to put in their cable, can cut down trees on the City right-0frways~iud'City Attoni~y Guthfie explained that the company would have'to '6om0't0 the City before they put in cable and explained that the company first ~ trove to make use of existing poles and other facilities available and if they need to e~ect their own poles, they will have to come before the Council. City Manager Saunders stated that the majority of the company's cable is underground. City Attorney Guthrie stated that while the City cannot deny them access, the city can control tho route the company takes to get their cable ~om one place to another. Mr. Guthrie stated that he and City Manager Saunders reviewed the agreement thoroughly and took out language that was over- reaching. City Manager Saunders stated that the League of Cities is in the process of drafting a model ordinance that will be brought before the Council in approximately a month t'o six weeks., Mr. Guthfie stated that the new ordinance will assert our fight to regulate the right-of-ways and assert our right to a Statutory fee, which we are doing in this ordinance already. A motion was made bp Council Member MuHins, seconded by Council Member'MacLauchlin, and carried unanimously to adopt Ordinance No. 405-M providing for a telecommunication franchise with Adelphia Business Solutions. Ordinance No. 411-M-Final Reading Mayor Pro Tern Biddle read Ordinance No. 411-M by title only. · ' ~ ~ CITY OF. CLERMONT. REGULAR COUNCIIo..' :MEE~TING' JANUARY: 9; 2001' page 5 City Manager Saunders ~(ated this is a 15-acre si(~'10c~t¢~i~a°~ Ofthe Citrus tower and approximately.one,half ~f the.prOperty, i..s~ com"~rcial and the other half zoned-residential.' ".Mr. ..... Saunders .stated':that~:~e!.applicants have regarding Some right-°'f-way issues alongCitms Tower.Boulevard. Mr. Saunders stated Staff would feel more comfortable-having those issues resolved before the rezoning was completed and recommended tabling this.." Council Mei~iber Mulling asked the 'status. of the. a~ent .with-lth¢.County~an. · of the d6v.'..e.'.?pe~ S'agre~n~, but it has not:been' ~4 motion was made b_~ Council Member Mulli~s?~condedbF. Council Membe~: Renick, and carried'Unah~m~sl~' Ordinance No. 411-M until the January 2$',.'.200imeeting (time certain). VISITORS WITH BUSINESS Mayor Pro Tem Biddle 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. ~Jim Cotfingham Planning I~irector Brown stated that the applicant is requesting a variance to allow a 9 foot tall dumpst~r enclosure wllere our-ordinance limits the height to 6 feet for the Kazbour's/Hungry Howi6s Restaurantlocated on the Kash 'n Karry out parcel. Mr. Brown stated that this would allow Mr. Cottingham to keep the dumpster that is already constructed and our Code's 6 foot limit is not tall enough to hide the new dumpsters. -. Staff supports this request and will soon bring before the Council an amendment to our current code that will allow dumpster and compact enclosures to be greater than 6 feet high. CITY OF CLERMONT IVIINUTES REGULAR COUNCIL MEETING JANUARY 9, 2001 Page 6 Mayor Pro Tern Biddle opened the public hearing and Deputy City Clerl~ Maddox swore in the 'following: Jim Cottingham, 1594 N. W. 278m Avenue, Alachua, Florida Mr. Cottingham offered photographs of the dumpster enclosure for the Council Members review. Mr. Cottingham stated that he was before the Council because he realized that their dumpster enclosure was higher that City Code allows but the height was necessary in order tO hide their dumpster, There were'no other comments and Mayor Turville closed the public hearing. Council Member Biddle stated that he felt everyone-wan.ted to see the du~pster hidden' and did not anticipate any opposition to the request. Council Member Renick stated she looked forward to having Mr. Brown bring an amendment to our Code allowing a increase in the height requirement for dumpster enclosures. ~ motion was made by Council Member Renick, seconded by Council Membdr MacLauchlin, and carried unanimously, to approve the variance allowing an increase in the height ora dumpster enclosure from 6feet to 9 feet. / William and Lujza Helm Mayor Pro Tem Biddle 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 a variance to allow a front-yard setback of 24 feet for a new home to be constructed on East Avenue north of CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARYg, 2001 Page 7 ' Minnehaha Avenue. Mr. Brown stated that the applicants are requesting the variance due to.the irregular shape of. the lot and in order to save an existing oak tree. Mr. Brown ,- provided fin overhead p.roj~cfion, of/he lot. Mr. Brown stated that the previous owne~ of the property had been granted a variance, b..ut'that variance expired due to lack of construction. Mr. Brown state that this. request is in keeping with the homes to the west and Staff recommends approval of the request. · . Mayor Pro Tern Biddle opened the.public hearing and reeogni?ext the presence of the applieant~s availability in the event there were any questions and there were no questions 20 Mr. Bi&lie closed the public hearing. A motion was made by Council Member MulIins, seconded by Council Member MacLauchlin, and carried unanimously to approve the variance. request allowing a front-_¥ard setback of 24 feet on an irregular shaped lot and in order .to save an existing oak tree. Lennar Homes, Inc. City Manager Saunders stated that Staff is recommending tabling the variances requested by Lennar Homes, Inc. as the City has not received information requested from Lermar regarding parking. .d motion was made by Council Member Renick, seconded by Council Member Mullins, and carried unanimously to .table the variance request of Lennar Homes, Inc. until the January 23, 2001 Council Meeting. (Time certain.) Resolution No. 1170 Mayor Pro Tem Biddle read Resolution No. 1170 by title only. City Manager Saunders stated that the Planning & Zoning Commission recommended denial of this request and the Resolution provided to the Council is a boilerplate CITY. OF. CLERMONT REGULAR COUNCIl. MEETING JANUARy' 9, 2001 Page 8 · .res01ution, without any specific conditionS what are normally placed in a CUP. Mr. Saunders stated that if the C0..uncil believes they.may'want to approve the Conditional-~- Use Permit, Staffneeds some fime.t6, iOok at what conditions are appropriate for the extended commercial use of this-faei!ity and' S(ated he would like to see this tabled until the January 23"l Council Meeting. Mayor Pro Tern Biddle stated that he .felt that since the Mayor was absent, he would feel more comfortable waiting until the next me, ting .also, So.that Mayor TurviHe can be present to vote on the issue. Mr~'Biddle stated that he.felt that this.CUP could s_et policy and he felt Mayor ~e,.as leader ofthe. ~0~tnCil,':s.'h°uld be present to hear the issues. Mr. Biddle 'expressed to'the applicants that with MayOr T~e'absexit, they Would need 3 out of 4 of the Council Members present to ~/pprb~.their:request, and it would be beneficial for everyone to wait for the next meeting//nd Mayor Turville:s presence. motion was made by Council Member'Renick, seconded by Council Member Mullins, and Carried unanimous!y, to table Resolution No. 1170 until the JanuarF 23, 2001 Council Meeting.' (Time certain). City Manager Saunders requested that the applicant call Planning Director Brown or himself to review their request. Resolution No. 1171 Mayor Pro T~m Biddle readResolution No. 117.1 by-title only. Planning Director Brown stated that this-is a request to extend an existing Conditional · Use Permit to allow the.expansion of an existing office ~building located at 310 Almond .Street, by 1,000 square feet. Mr. Brown stated that the property has the properland use and proper zoning, is appropriate for the area and the applicant is providing additional parking per code and is providing additional storm water 8apacity. Mr. Brown provided an overhead projection of the property. CITY OF CLERMONT MINUTES GULAR coe cm M ,TI G / JANUARY 9, 2001 Page 9 Mayor Pro Tern Biddle stated that the following issue requires a. Quasi-JudiCial Hearing be.held and that anyone wishing to 'speak in favor of or irt Opposition to the request should be sworn in. Thcr8 Were no comments and Mr. Biddle closed the public hearing. · ,4 motion was made by Council Member MacLauchlin, seconded by Council Member Renick,. and carried unanimously to approve Resolution No. 1171 allowing the expansion of an existing. Office b. uilding.'.. " ' · Resolution No. 1172 ' -.. Mayor Pro Tern Biddle read Resolution No. 1172 by title only. Planning birector Brown stated that'this request is to amend an e 'xmting"c6,~ona~'Use .Permit for The Legends PUD. Mx. Brown stated that the firs. t .re.~estis'to all0W"for ~wo ~ inch asphalt lifts where Our code requires a total of 2'inches of asphalt. Mr. Brown stated the second request is to allow Miami type curb where our code requires a standard F-curb and the third request is to allow the refurbished historic water tower as an additional sign for the Legends Golf Course. Mr. Brown stated that Staffhas consistently denied the requests for. 1 ½ ifiches of asPhalt and for Miami type curbs. Mr: Brown stated that Staff finds no hardship and therefore recommends denial of these requests. Mr. Brown stated that Staff does recommend approval of the water tower icon sign for the Legends. Golf Come, and therefore recommends approval of Resolution No. 1172, which only includes the issue of the water tower sign. and does not include the other two variances requested. Mayor Pro Tem Biddle 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. Deputy City Clerk Maddox swore in the,following: -: ~. . ~, ~ CITY OF CLERMONT REGULAR COUNCIL MEETING JANUARY 9, 2001 Page 10 Duane Booth, 350 N. Sinclair, Tavares, Florida FrankCaputo, 3917 Scarboro-Cour~ Clermont, Florida Mr. BoOth, of Famer Barley'& AssOciates informed the Council that he was the project engineer for the project and stated that he had discussed these issues with Staff and did not agree that 1 ½ inches.ofasphalt in lieu of 2 inches.required by code would make the road better, but would result in higher costs'and that they feel 2 inches is overkill. Mr. Booth stated that 2 inchesis Lake Co.unty's code.for a collector road, and the roads in this · project are private roads.' Mr. Booth stated.that he roads in The Legends are pn'Wite and it is his Understanding that. Lennar has in'their Deed Restrictions .that the owners..Wi!l never ask the City to take over the strUts'and the streets shall always remain private and there are road reserves built in the monthly'fees of the aSSociation and at 18 years-there will be money to resurface. Mr. Booth stated that.while he.recommends the eurb'required by-our Code for steep slopes, he feels that the Miami curb will meet the'Code requirements on these roads, looks better and is'more.economical and that F-curbs should only be necessary where the grade exceeds 5%. Mr. Caputo stated that when his neighborhood association in Kings Ridge assumed the responsibilities for their roads from the developer, they discovered that the street reserves were way under funded and he is concerned that those people moving into the Legends may not realize what it may cost them in the future to'maintain their roads. Mr. Caputo stated that he feels the developer of The Legends should meet the City's codes and urged the Council to den3 the variances. Mayor Pro Tom Biddle dosed the public hearing. Council Member Renick stated that if the developer tums over the roads to the homeowners associations, the burden to maintain the roads will be on the citizens of The Legends. Council Member Mullins. asked if it was a fact that the roads were privatized in the Deed Restrictions and City Manager Saunders stated it was a moot point since the homeowners CITY OF CLERMONT IVRNUTES REGULAR COUNCIL MEETING JANUARY 9, 2001 Page 11 could.still come back years from now and request the Council's approval for the City to take over the roads and there is nothing that requires the Deed Restrictions to be upheld. City Manager'Saunders stated that the standard F-curb has been in our code since and there have beenmany requests over the years to allow Miami curb and the City has consistently stayed away from that and upheld our Code. Mr. Saunders stated the purpose tonight was not to consider amending our Code but to consider this variance request, and there is no hardship which is why Staff is standing by our Code. Council Member Mullins stated that this particular Resolution only addresses the water : tower sign issue and approving.that will not prevent applicants from coming back before the Council regarding the curb and asphalt issues if they wish to do that in ..the' future. Mr. Mullins stated he would like to have the City Engineer's opinion. City Manager Saunders stated that our City Engineers have upheld the City's Ordinance for the standard F-curb and even on fiat surfaces with the Miami curb cars drive over the curb .onto the grass, and there is often erosion. After discussion there was consensus that the Council did not have a problem approving the sign for the historic water tower however supported our City Code and saw no hardship in granting a variance for'asphalt requirements or curb requirements. ,4'motion was made by Council Member MacLauchlin, seconded by Council Member Mullins, and carried unanimously to approve Resolution No. 1172, allowing The Legends to have their sign on the old historic water tower. Resolution No. 1173 Mayor Pro Tem Biddle read Resolution No. 1173 by title only. Planning Director Brown stated that this is a request for a Condition. al Use Permit to allow the renovation and expansion of the Rolling Hills Ford Dealership. Mr. Brown stated that the City Council previously approved a CUP for this project and this ResolutiOn will amend that CUP in order to clarify language regarding driveway access, 3 ~Y.OF Cr.~MONT: REG .UL .'AR COUNC..IL'lVIE. ETING JANUARY'9,' 2001 right-of-way dedication.and tho:.~'i~ig:of.'~nn¢Ction v~th'the centralsewer system. Mr. Brown highlighted the 3' issu._~S'"~t ~i~ing':~ended. 'Mr..Brown provided an : overhead projeCtion of the:p~:bji~6~:...-'.i.(i'"..'3?: i:!.ii:.!:i:..::; :'..':?:.'( i.::i:''. ".i i~ ' '. ~- · · .. :.. . . ~ . - ...: .~.".-. . . · . ':. %¢ - Council Member Bidai~ Stat;3 ~ai:'f~-:~a~s.that this Resolution will dedicate a right-of-way for Hook Street and if HookS .treetchanges alignment,' the City will give the right-of-way back to Rolling.~Ii!ls FordJ Mr. Biddle stated it is also his understanding that.driveway access shall be Pr0~6d from'the'cUrrent Frontage'~oad to the main entrance of the dealership and.Wh~:the sewer'liae c°mes.along ~ook Street, Rolling · mils Vord.wiil ho.0k-up' to.it'.i'':''~ :'~ "'" ':..:. :' .:":" ' ' ' ..i'I -.:': :.: ............ . Ma3~or Pro' Tern Biddle'stated that the foll0Wia~isiUe requires a Quasi-Judicial Hearing be held and that anyone wishing to speak ia favor of. Or ia oppositioxi to the request should be swora in. Deputy City Clerk Maddox swore.in the following: Jay. Rosario, 1 i01 E. Highway 50, Clermont, Florida Mr. Rosario pointed-out that there were no major changes ia the layout of the renovation and expansion project and they have no problem with the conditions of the Resolution. There were no other comments and Mayor Pro Tem Biddle closed the public hearing. Council Member MulNns asked when the County was. expected to finish Hook Street and City Manager Saunders stated that the County broke the Hook Street project into two phases; Phase One is from Hancock Road to Citrus Tower Boulevard and the plan is to immediately move ahead with Phase Two as soon as Phase One is out to bid. Mr. Rosario stated that they planned to do their expansion on the back part of their property until the County has the Hook Street plans in place. CITY OF CLERMONT MINUTES' REGULAR COUNCH~ MEETING JANUARY 9, 2001 Page 13 motion was made by. Council Member Mullins, seconded by Council Member MacLauchlin, andcarried unanimously, to approve Resolution No. 1173. ~. . i EW'BiJsmmss Community Development Block Grant-Selection of Administrator City l ianager SaunderS Stated that the City advertised for Statements for Qua ificatig..ns 'for an Administrator'for our Downtown Commercial Revitalization 'Grant:'.'Mri: stated we received one r~sponSe from Fred F~x Enterprises, Inc..Mr: 'Saun..'der~:~t~'~{~'~that FOX EntCrpt~ses,'Inc. did thc actual.application for'the city._ and Was success~. obtaining this grant for the City and stated that they also have.befit the adminis~:ator for two'Hgusifig Block Grants in the past. Mr. saunders stat. ed the'City has b~n happy .with the w0~k the company has done for the City in the past. and recommends appr0Val.:0fFox 'Enterprises, Inc. as Administrator of the grant and stated that the'City Will have to. request DCA's approval since' we only received one proposal. City Manager Saunders stated that the fees in-'the proposal follow the guidelines that are provided by DCA and Staff will :review those figures and make sure they are exactly what the guidelines allow. A motion was made by. Council Member Renick, seconded by. Council Member MacLauchlin, and carried unanimously, to ·appoint Fred Fox Enterprises, Inc. as Administrator of the Community Redevelopment Block ·Grant. Mayor Pro Tem Mayor Pro Tern Biddle stated our Charter directs that the City Council elect a Mayor Pro Tem at the first meeting in January but stated it was his understanding that Staff is recommending that this be tabled until after the Council Retreat. City Manager Saunders affirmed that the City Charter states that the appointment of Mayor Pro Tern shall be at the first meeting in January and in order that the appointments of Mayor Pro Tem and the Boards and Commissions can be discussed and reviewed at the CITY OF CLERMONT .MINUTES REGULAR.COUNCIL MEETING JANUARY 9, 2001 Page 14 Council Retreat Workshop on January 18, .2001, Staff. recommends tabling this until the January 23, 2001 Council Meeting. ~ .4 motion was made b_¥ Council Member Renick, seconded by Council Membe~ MacLauchlin, and carried unanimously to table the appointment of M~_ or Pro Tern until the Januar~ 23, 2001 meeting. Citizens Comments Ms. Gibson asked for confirmation of the time of the Council Meeting on January 23, 2001 and Mayor Pro Tern Biddle stated that it will be at 7:30 p.m. and beginning in Feb .ruary the meetings will begin at 7:00 a.m. There being no further business or discussion, the meeting adjourned at 9:00 p.m.. J¢ffl ~~, Mayor Pro Tem Attest: