07-12-1988 Regular Meeting e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 12, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, July 12, 1988 in the Council Chambers. The meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Huff, and Council Member Cole. Council Member Dupee was absent. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister, and Deputy City Clerk Brandt. INVOCATION The Invocation was given by City Manager Saunders followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held June 28, 1988 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT DOT TURNPIKE EXIT MEETING It was reported that the City Manager and Planning Director would be attending a meeting with officials from the Department of Transportation and other local cities concerning the proposed construction of the Turn- pike interchange at Killarney, which is scheduled for completion by 1991. The meeting will be held on Wednesday, July 13, 1988 from 3:00 to 5:00 p.m. in the Winter Garden Municipal Building. BUDGET WORKSHOPS City Manager Saunders stated that he would like to begin Budget Workshops and suggested some dates and times for the meetings. After some discussion, it was the consensus of Council to hold a Workshop Meeting on Wednesday, July 20, 1988 at 7:30 p.m. in the City Hall Conference Room and one at 5:30 p.m. on Tuesday, July 26, 1988, in the Council Chambers. The second workshop will be held just prior to the regularly scheduled Council Meeting. HILLSIDE VILLAS It was reported that work was continuing on the Hillside Villas project, and that the sixty days time extension granted to complete the work would be up prior to the next Council Meeting. Mr. Saunders asked the Council if they wished to have this item agendaed for the next meeting. It was discussed that more work had been completed in the last sixty days than in the previous four years, and it was the consensus of Council to allow them to continue to work. e e CITY OF CLERMONT. MINUTES REGULAR COUNCIL MEETING July 12, 1988 Page -2- LAKE COUNTY LEAGUE OF CITIES QUARTERLY MEETING The Council was reminded that the next quarterly meeting of the Lake County League of Cities would be held Wednesday, July 27, 1988 at the Citrus Tower. The cities of Clermont and Minneola will be co-hosting the dinner, and reservations should be made with Julie by July 22, 1988. COUNCIL MEMBER COLE'S REPORT EXCELETECH OPEN HOUSE It was reported that Williams Steel had changed its name to Exceletech and would be hosting an open house on Sunday, July 17, 1988 from 1:00 to 4:00 p.m. to tour the facilities. All Council Members and Department Heads were invited. MAYOR PRO TEM TURVILLE'S REPORT UPDATE ON FLORIDA ROCK INDUSTRIES SPILL Mayor Pro Tem Turville reported that nothing was final concerning the Florida Rock Industries case, but that the various regulatory agencies were interested in some type of mitigation. . VISITORS WITH BUSINESS FRED SOMMER - TRIATHLON UPDATE Mr. Sommer appeared before Council to present a list of triathlons scheduled for the fall of 1988. Mr. Sommer stated that the following triathlons had been scheduled and asked Council permission to use the Jaycee Beach area as the beginning point for the events: October 1 - 2 October 29 November 26 Great Clermont Triathlon Florida Challenge Florida Triathlon Series Championship 88-100After a brief discussion of the request it was determined that there had been no problems with these events being held in the past, and A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPROVE THE DATES LISTED ABOVE FOR THE VARIOUS TRIATHLON EVENTS. DAL-DON PRODUCE - RESOLUTION #587 CONDITIONAL USE PERMIT FOR EXPANSION AT 1959 SOUTH HIGHWAY 27 City Manager Saunders explained that this was a request for a Conditional use Permit to expand the existing facility at 1959 South Highway 27 to include a refrigerated warehouse, an office and approximately 29,000 square feet of additional paved parking and loading space. Mr. Saunders continued by stating that the Planning and Zoning Commission at their meeting held July 5, 1988 had recommended approval of this request with the conditions as stated in Resolution #587. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 12, 1988 Page -3- Mayor Pool called for comments from those present in the audience concerning the request. No one spoke in favor of or in opposition to the request. Mr. Rick McCoy, an Engineer representing Dal-Don Produce, appeared before Council to explain the request and ask for clarification on some points. Mr. McCoy stated that of major concern was the inclusion in the CUP of Items 9 and 10 in the CUP concerning the acceleration and deceleration lanes. Mr. McCoy asked that these conditions not be placed in the CUP because they wished to put the building up for the fall watermelon season and Item #9 which states that the con- struction of the northbound deceleration lane shall be completed before any certificate of occupancy could be issued would prohibit the use of the building because the decel lane may take six or more months to construct, depending on the DOT permitting process. Mr. McCoy further stated that his client would complete the required lanes within eighteen months, but he did not want it stipulated as a condition to be met before a certificate of occupancy could be issued. Some discussion of this request ensued. City Attorney Baird stated that language could be used which states that he will satisfy DOT requirements for excel and decel lanes. City Manager Saunders suggested that the language be changed to include that construction of the exceleration and deceleration lanes would be completed within eighteen months, subject to Florida Department of Transportation requirements. It was also discussed that if the FDOT did not require the lanes at this time, the owner would agree to construct them at some future date as required by the City. With this change in wording, Conditions 9 and 10 would be deleted from the CUP and a new condition written incorporating the language suggested by City Manager Saunders. Mr. McCoy then asked for clarification of Condition #16 requiring a performance bond, cash bond or letter of credit for future construction of the excel and decel lanes be required befor a Zoning Clearance would be issued. In light of the changes decided upon concerning the lanes, it was the consensus of Council to remove Condition #16. Condition #12 concerning bringing the existing signs into conformance with the City's Sign Ordinance was also discussed. Mr. McCoy stated that his client wished to keep his billboard and roof sign, both of which are non-conforming. Much discussion of the Sign Ordinance requirements followed. City Attorney Baird stated that he believed that consideration should be given to signs located on Highway 27 and should be dealt with differently than those in the rest of the town. City Manager Saunders explained that under the existing Sign Ordinance, one ground sign would be allowed, and that the billboard, which is considered an off- site sign, could remain if moved to the vacant property to the south owned by Dal-Don Produce. The roof sign would not be permitted. After some discussion of the existing signs, it was the consensus of Council that Condition #12 remain in the CUP. However, because all conditions of the CUP must be met before a CO could be issued, it was also the consensus of Council that the applicant would have to e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 12, 1988 Page -4- apply for a variance to the existing sign ordinance in order to comply with the requirement. Lastly, in looking at the site plan, Mr. McCoy stated that the placement of the 10' x 70' refrigeration (utility) pad will be within 5' of the property line in order to save a 28" tree south of the proposed building (the setback requirement is 12' from the property line). It was discussed that in a residential zone, a utility pad may be placed in the setback, but this was not addressed in the zoning ordinance for a commercial zone. After some further discussion, it was the consensus of Council to allow the refrigeration units to stand as designed in order to save the tree, but if for some other reason the tree could not be saved, then the 12' setback requirement would be met. 88-101 After some further discussion of the landscaping requirments for the property, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY C.OUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #587 AS AMENDED TO INCLUDE THE ELIMINATION OF CONDITIONS #9, 10 & 16, AND THE ADDITION OF A CONDITION WHICH STATES CONSTRUCTION OF EXCELERATION AND DECELERATION LANES SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS, SUBJECT TO FDOT REQUIREMENTS AND SHOULD THE FDOT NOT REQUIRE THE LANES AT THIS TIME, THE CITY MAY REQUIRE THEM TO BE INSTALLED AT A FUTURE DATE, SUBJECT TO FDOT REQUIREMENTS. WORDING SHALL ALSO BE INCLUDED TO ALLOW THE REFIRGERATION UNITS TO REMAIN WITHIN FIVE FEET OF THE PROPERTY LINE IN ORDER TO SAVE AN EXISTING 28" TREE. HOWEVER IF THE TREE MUST BE REMOVED FOR CON- STRUCTION THE REQUIRED SETBAcK OF 12' WILL BE MET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. JOKA PROPERTIES, INC. - RESOLUTION #588, CONDITIONAL USE PERMIT REQUEST FOR CONSTRUCTION OF A PROFESSIONAL OFFICE IN AN R-3 RESIDENTIAL DISTRICT It was explained that Mr. Tom Dougherty was requesting a Conditional Use Permit for the construction of a professional office building in the R-3 Residential District located at 501 Almond Street. One year ago the CUP was granted by Council but Mr. Dougherty failed to meet the condition which requires that construction begin within one year of the granting of the CUP. At their meeting held July 5, 1988, the Planning and Zoning Commission recommended approval of the request with the same conditions required as in the original Conditional Use Permit. Mr. Dougherty stated that he was present to answer any questions the Council might have and make some comments regarding the sidewalk requirements. Mr. Dougherty continued by stating that the City Staff wished to add sidewalk on Almond Street before Phase II would be completed. Mr. Dougherty stated that the City had talked about redesigning Almond Street and asked if the City could work on Almond Street at the same time he would be required to put in the sidewalk because the City could, for example, change the elevation of the street and this would cause a problem. Mr. Dougherty also stated that he wanted to delay installation of the sidewalk on Disston Avenue where the trucks would come in for the construction of Phase II. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 12, 1988 Page -5- City Manager Saunders stated that he agreed with Mr. Dougherty's concern for the construction of the Almond Street sidewalk. The sidewalks will be taken into consideration when the final site plans are submitted for Staff review. Mayor Pool called for comments from those present and no one spoke for or against the request. 88-102 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #588 GRANTING A CONDITIONAL USE PERMIT TO JOKA PROPERTIES, INC. TO CONSTRUCT PROFESSIONAL OFFICES IN AN R-3 ZONE LOCATED AT 501 ALMOND STREET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. MICHAEL AND JANE BOYACK - REAR YARD VARIANCE REQUEST City Manager Saunders explained that the applicants were requesting a variance to the rear yard setback requirement of 25 feet in order to construct a screened porch with a setback of 19 feet. A variance was granted for a 15 foot setback on the lot in October of 1978, but construction was never completed and the variance expired. Mr. Boyack, who was present, stated that he had been told at the time he purchased the property that a variance had been granted for the porch. He further stated that he wanted the additional area so his children would have a place to play. He further explained that his home was on a corner lot on a cul-de-sac which abuts Grand Highway, and requires three 25' yard setbacks and causes a hardship in this particular case. Mr. Boyack also stated that he had spoken to his neighbors, and neither of them were opposed to the request. Mr. Saunders then stated that while the shape of the lot did create a problem with construction of the home, it did meet the minimum re- quirements for the zone in which it is located. He also pointed out that several other variance requests in the area have been denied. Mayor Pool then called for comments from those present and no one spoke in favor of or against the request. 88~103 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DENY THE REAR YARD SETBACK VARIANCE REQUEST. NEW BUSINESS RECREATION SITE City Manager Saunders explained that the City had received the "Notice of Waiver of Retroactivity" from the Department of Natural Resources which gives authorization to proceed with the purchase of the proposed site prior to the actual receipt of the grant funds. Mr. Saunders further stated that he would like to proceed with the purchase of the property because the City's option on the property expires on July 15, 1988. Also, the City is waiting to hear from 'e e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 12, 1988 Page -6- Mr. Oswalt or his attorney in order to know if he is willing to accept payment of one-half of the purchase price, or $150,000 down at this point in time, with the remaining $150,000 balance to be paid in January of 1989. Mr. Saunders then recommended that the property be purchased from funds in the following manner: Recreation Reserve Fund Local Government Infrastructure Tax Reappropriate Debt Service - Land General Fund Reserves TOTAL $ 54,147 74,405 16,825 4,623 $ 150,000 In conclusion, it was stated that if Mr. Oswalt required full payment for the property, the money could be taken from General Fund Reserves with a grant receivable from the Department of Natural Resources and reserves would be replenished when the grant funds are received. 88-104 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO PROCEED WITH THE PURCHASE OF THE PROPERTY WITH PAYMENT COMING FROM A BUDGET AMENDMENT AS OUTLINED ABOVE. IF FULL PAYMENT IS REQUIRED THE MONEY CAN BE TAKEN FROM GENERAL FUND RESERVES WITH A GRANT RECEIVABLE FROM THE DEPARTMENT OF NATURAL RESOURCES. INTRODUCTION OF ORDINANCES 193-M AND 194-M It was explained that Ordinance 194 would close Hunt Street in the proposed Highlander Subdivision and Ordinance 194-M would close Disston Avenue within the proposed subdivision. However, City Manager Saunders stated that Ordinance 194-M would have to be amended to include closing Disston Avenue from south of the Langley property to the Pitt Street right-of-way on the Blackburn property. Different streets will be platted for the subdivision, and the new plat will come before Council for approval at a later date. Some discussion ensued concerning what would happen if the streets were closed and the new subdivision never materialized. City Attorney Baird stated that he was putting the streets into an escrow deed arrangement whereby the City would be able to pull the property out if it is not developed. 88-105 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 193-M, AS AMENDED AND ORDINANCE 194-M. THE ORDINANCES WERE READ BY TITLE ONLY BY MAYOR POOL. There being no further business at 8:50 p.m. or discussion, the meeting adjourned efffpoo?!G<- Attest: City Clerk