05-14-1985 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
May 14, 1985
A Regular Meeting of the City Council of the City of Clermont was
held on Tuesday, May 14, 1985 in the Council Chambers. The meeting
was called to order at 7:30 p.m. by Mayor Pool with the following
Council Members in attendance: Council Member Henry, Council Member
Huff, Council Member Cole and Mayor Pro Tem Turville. Other City
Officials present were: Acting City Manager Saunders, City Attorney
Baird, City Engineer Springstead, Utility Director Davis, and Deputy
City Clerk Brandt.
INVOCATION
The Invocation was offered by Acting City Manager Saunders followed
by The Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Regular Meeting held April 23, 1985 and the Workshop
Meeting held May 9, 1985 were approved as presented.
ACTING CITY MANAGER'S REPORT
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Acting City Manager Saunders introduced Ann Dupee, the City's represent-
ative to the East Central Florida Regional Planning Council. Mrs. Dupee
explained that the ECFRPC is recommending that the current fee schedule
for Development of Regional Impact Reviews be amended to incorporate
two DRI categories not presently covered: Area Wide DRI'~ at a fee of
$25,000 and Downtown DRI's at a fee of $15,000. Also, they wished to
provide for removal of DRI fee exemption for member governments in the
in these categories. It was pointed out that member fees could go up
if these new fees were not charged.
Mrs. Dupee then asked Council direction on how she should vote on this
matter.
After some discussion, it was determined that these changes would not
85-86 affect Clermont, and A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED
BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRRIED TO ACCEPT THE NEW
FEE SCHEDULE AND HAVE MRS. DUPEE VOTE IN FAVOR OF THE AMENDED SCHEDULE.
LAKE COMMUNITY ACTION AGENCY
It was reported that the City had received a letter from the Lake
Community Action Agency expressing their sympathy in the death of
our representative, Mr. Bob Hanford. It was asked that the City
appoint another representative by May 29, 1985.
Acting City Manager Saunders asked the Council to think about
another representative, and stated that he would bring the matter
up at the next Council Meeting.
LABOR DAY CELEBRATION
It was reported that the Chamber of Commerce had asked if the City
would sponsor the fireworks display for the Labor Day Celebration
again this year. After a brief discussion, Acting City Manager
Saunders was directed to obtain for the Council a list of the
activities proposed by the Chamber for Labor Day and investigate
the cost for a fireworks display. A decision on this matter would
be made at a later meeting.
ONGOING CHURCH USE OF JENKINS AUDITORIUM
It was reported that the Chamber of Commerce who is now renting
Jenkins Auditorium for the City had rented the building on an
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REGULAR COUNCIL MEETING
May 14, 1985
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ongoing basis for church services. Some complaints had been
received because this practice had not been allowed in the past.
David Frost, a member of the Mormon Church, spoke to the Council
asking that they be allowed to continue using the auditorium until
such time as another building could be found to use.
It was reported that in the past other churches had been denied
continuing use of the building. They had been allowed to use it
for special services or events, but not on an ongoing basis.
City Attorney Baird was directed to look into this policy.
85-87 After some disussion concerning the rules and regulations of the
auditorium and the past policy, A MOTION WAS MADE BY COUNCIL
MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY
CARRIED TO TABLE THIS MATTER UNTIL THE MAY 28, 1985 COUNCIL MEETING.
COUNCIL MEMBER HUFF'S REPORT
CONSTRUCTION PROJECT ON GRAND HIGHWAY
Council Member Huff expressed his concern that all construction
equipment for the site work for the 92 unit development on Grand
Highway had been removed from the site. He also stated that dirt
from the site was covering part of Grand Highway and should be re-
moved before it poses a serious problem for citizens using the
street.
Acting City Manager Saunders stated that he was aware of this, and
that Public Works Director Smythe and he would be monitoring the
situation. He also stated that he would find out what could be done
about the erosion onto the highway.
COUNCIL MEMBER COLE'S REPORT
CHESTNUT STREET PARK
Council Member Cole reported that a duplex had been built next to the
park, and he felt that the private property needed to be separated
from the public park by a fence.
After some discussion, it was the consensus'of Council that Acting
City Manager Saunders obtain costs on 6' chain link fence and report
back to Council.
MAYOR POOL'S REPORT
ABANDONED CARS
Mayor Pool reported that he had rec~ived a complaint concerning an
abandoned car and asked what could be done about it. He further
stated that it was his understanding that if the car had a current
tag, nothing could be done even though the car had been jacked up
in front of the house for several months.
City Attorney Baird stated that each case should be handled on an
individual basis, and that he would speak to the Mayor concerning
this matter.
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May 14, 1985
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TREE AT CHESTNUT AND FIFTH STREETS
Mayor Pool reported that he had received a call concerning the
safety of a large ear tree located 100' from the intersection of
Fifth and Chestnut Streets on Chestnut Street. It appears that the
tree which contains numerous dead limbs is on the City right-of-way
and overhangs the street.
Acting City Manager Saunders stated that he would check into this
matter.
DEVELOPERS AND VEGETATION
Mayor Pool expressed his concern that developers could come into
the City and strip a piece of property of all trees and vegetation,
such as has happened on Grand Highway. He then asked what would
happen to that particular piece of property should the developer
decide not to carry through with the proposed project.
Council Member Turville concurred with Mayor Pool's concern, and City
Attorney Baird stated that he would research this matter.
OLD BUSINESS
REFUSE COLLECTION SURVEY
It was reported that the City had not increased its rate for refuse
collection since 1976. If the present rate continues, the Sanitation
Fund would be operating at a loss. Results of the recent Refuse Col-
lection Survey favored continuance of the rear yard collection service
presently being provided by the City.
Acting City Manager/Finance Director Saunders stated that in order
to structure proposed rate changes, he needed to know the type of
service to be utilized for refuse collection.
After a brief discussion, it was the consensus of the Council to
continue with the rear yard service. Mr. Saunders stated that he
would be formulating a new fee schedule based upon the rear yard
collection.
NEW BUSINESS
LEO FUNKE, SIDE YARD VARIANCE REQUEST FOR 1691 THIRD STREET
Mr. Leo Funke appeared before Council to request a variance from
the required side yard setback of 9 feet to 4.5 feet in order to
construct an additional driveway on his property. Mr. Funke
had provided each Council Member with a photograph of his prop-
erty and explained that the home had been constructed on a steep
slope. In order to get into the home, one would have to walk
up a flight of stairs either through the basement or at the
front of the home. Mr. Funke further stated that he and his wife
and many of their friends were getting of an age whereby walking
up the steps was becoming exceedingly difficult.
He then asked to be allowed to build another driveway on the
high side of the lot, extending to the rear of their home so
the could enter through the family room door.
Council Member Turville stated that variances are granted to
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May 14, 1985
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property, not people.
Acting City Manager Saunders pointed out that Section 19-23 of
the City Code concerning driveways allows only one two-way drive
for each 100' of frontage.
Council Member Huff stated that Mr. Funke's property had
platted before the present ordinance and was an 86' lot.
Pool pointed out that the hardship was the topography of
with its steep slope.
been
Mayor
the' lot
Mr. Funke stated that the retaining wall along the lower driveway
diverted water running down his property into his driveway and
out into the street. The driveway on the upper side of the lot
would be 10' wide and 4.5' from the lot line.
Mayor Pool called for comments from those present in the audience,
and no one spoke for or against the request.
85-88 Afer some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HENRY, SECONDED BY COUNCIL MEMBER HUFF AND CARRIED BY A FOUR TO
ONE VOTE TO GRANT MR. FUNKE A SIDE YARD VARIANCE FROM THE REQUIRED
9 FEET TO 4.5 FEET AND A VARIANCE FROM THE CITylS DRIVEWAY ACCESS
STANDARDS. COUNCIL MEMBER TURVILLE VOTED NAY.
WALTER POYNTER, RE UEST FOR A CUP FOR 4,800 S UARE FOOT OFFICE
BUILDING IN THE R-3 RESIDENTIAL PROFESSIONAL ZONE
Mr. Walter Poynter appeared before Council to request a Conditional
Use Permit to build a 4,800 square foot office building on Lot 1,
Sunnyside Terrace Subdivision. Mr. Poynter explained that the Council
had granted this request at its October 9, 1984 Meeting, but he had
forgotten to sign the document and it expired. He further stated that
nothing had changed in the plans, and that he was now ready to begin
construction.
Mayor Pool called for comments from those present in the audience,
and no one spoke for or against the request.
85-89 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION
NO. 481 GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A 4,800 SQUARE
FOOT OFFICE BUILDING ON LOT 1, SUNNYSIDE TERRACE SUBDIVISION IN AN
R-3 RESIDENTIAL/PROFESSIONAL ZONE. THE RESOLUTION WAS READ BY TITLE
ONLY.
WESTCOTT DEVELOPMENT, BOB WADE - REQUEST FOR A CUP FOR A PUD OF 200
UNITS AND MAIN FACILITIES BUILDING FOR SENIOR CITIZEN CONGREGATE
HOUSING ON PARTS OF TRACTS 4, 5B, AND SA, NORTH OF HIGHWAY 50,
BETWEEN JACK'S LAKE AND THE CITY LIMITS.
Mr. Joseph Kantor, Developer and Part Owner of the proposed project
appeared before Council to explain the Planned Unit Development for
the 200 units including the main facilities building for Senior
Citizen Congregate Housing.
Council Member Turville asked for a definition of a congregate living
facility.
Mr. Kantor stated that the project was intended for the elderly
choosing to live in an environment that provides assistance with
their daily activities. The typical age range would be 70-90, and
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May 14, 1985
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they must be in good health and have the ability to care for themselves.
Mr. Kantor pointed out that the facility would not be a nursing home.
Indoor and outdoor services would be provided such as: maid service,
laundry service, meals served in the main dining area, a library and
craft area, and a pool and shuffleboard courts.
The monthly fee for living in one of the units will average $1,400,
including meals. The facility must stay a congregate living facility
for a period of ten years due to the project funding.
City Attorney Baird stated that the City must define "congregate
living facility" because in ten years the developer could come back
and ask for an amendment to the CUP in order to change the project
into an apartment complex.
Mr. Kantor further stated that due to the age of the clientele, few
would be driving cars. Because of this, only 67 parking spaces are
shown on the preliminary site plan. If at a future date, more parking
spaces are needed, Mr. Kantor stated that there would be plenty of
land for them.
Concerning Condition #11, Council Member Huff asked Mr. Kantor how
much flow through the sewer lift station had been projected by
them. Mr. Kantor stated that a figure of 35,000 gallons per day
was used.
John Springstead, the City Engineer, explained that the lift station
was to be designed assuming that the project would be a retirement
faciity and based on a flow of 150 gallons per day per bedroom, or
30,000 gallons per day (200 units x 150). He further stated that
this was not finite and could be worked out with the project engineer,
as these projections are based on assumption.
Council Member Turville expressed his concerns over the projected
67 parking spaces on the preliminary site plan when the City
requires 400 parking spaces for a project of this magnitude. He
also expressed his concern over the fact that the sewer lines on
the preliminary site plan run between the two sections of Jack's
Lake, and at this point, the City does not know who really owns
the land between the two bodies of water. He further stated that
it was possible that some time in the future the lift station and
sewer lines could be under water.
Council Member Turville stated that he believed the water retention
areas for parking should be based on the higher figure (400 spaces),
not 67.
Mr. Turville also asked Mr. Kantor what requirements there were to
rent one of apartments.
Mr. Kantor stated that the bonding requires that 20% must be rented
to the elderly and no children were allowed. The remainder of the
units could be available to anyone. He pointed out that the average
monthly rental fee of $1,400 per person would most likely prevent
younger people from moving into the complex.
In light of this fact, Council Member Huff asked City Engineer Spring-
stead if this could possibly increase the sewage flow to 200 gpm.
Mr. Springstead stated that two forty year olds could double the amount
of flow per day.
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CITY OF CLERMONT
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May 14, 1985
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Utility Director Davis stated that the needs at least an hour of lead
time in case one of the pumps broke down and could not complete the
pumping of the holding tank during the off-peak hours.
Council Member Huff asked Mr. Springstead if he was comfortable
with the 75 gpm pumping capacity. Mr. Springstead stated that this
figure allows for about a 10 gpm cushion, and there were ways to
change this., He reiterated that this would have to be worked out
during preparation of the final plans.
At this point, Mayor Pool called for comments from those present
in the audience, and no one spoke for or against the proposed
project.
Under further discussion, it was discussed in detail that the
water retention for parking should be based on a figure larger
than the proposed 67 parking spaces. It was determined that
the retention areas would be based on 200 parking spaces.
City Attorney Baird also stated that a covenant should be placed
on the property concerning the retention areas, and the additional
parking should be shown on the site plan.
After some further discussion, the Council concluded that the
following changes would be made to the Conditional Use Permit:
1. Condition #5 would be changed to add "as defined by the
State of Florida" after the words ...congregate living
facility.
2. Condition #11 would be changed by deleting "or between
10:00 p.m. and 4:00 a.m. Sewage capacity for this pro-
ject is limited to 75 gpm.
3. Condition #16 concerning water retention based on 200
parking spaces would be written by City Attorney Baird.
85-90 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER COLE AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE TO ADOPT
RESOLUTION NO. 498 AS AMENDED, GRANTING A CUP FOR A PUD TO BUILD
A 200 UNIT INCLUDING A MAIN FACILITIES BUILDING CONGREGATE LIVING
FACILITY FOR SENIOR CITIZENS. THE RESOLUTION WAS READ BY TITLE
ONLY. COUNCIL MEMBER TURVILLE VOTED NAY.
There being no further business, the meeting adjourned at 10:15 p.m.
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Robert A. Pool, Mayor----
Attest: