Loading...
11-24-1992 Regular Meeting® • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, November 24, 1992 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Turville, Council Member Ivey, and Council Member Norquist. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held November 10, 1992 and the Workshop Meeting held November 5, 1992 were approved as presented. CITY MANAGER SAUNDERS' REPORT Lake County Affordable housing Subcommittee Lake County has established an affordable housing subcommittee for eligible county funds in housing. They are requesting a representative be appointed to represent Clermont. Only $250,000 will be available during the first year, however, the amount should increase rapidly in the next few years. 92-193 After discussion, a motion was made by Council Member Turville seconded by Council Member Nor~uist and carried unanimously to appoint Council Member Ivey as representative to the Lake CountX Affordable Housing Subcommittee. to be accompanied by Planning Director Harker when possible. Beautification Committee City Manager Saunders stated that Clermont Beautification Committee Chairman Karen Turville has asked that the following people be reappointed to the Clermont Beautification Committee: Bruce Brown Cathy Brown Alfred Cheesborough Mary Coleman Percy Coleman Nancy Davis Joe Janusiak Ross McCardell Lisa Pool Oakley Seaver Karen Turville ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 2 Ads will be placed in the local newspapers in December inviting interested citizens to serve on this committee and others, and more appointments may be made in January. Mayor Pool re-appointed the above-named people to the Clermont Beautification Committee and invited anyone interested in the beautification of Clermont to let Mrs. Turville know of their interest. The second planting of the DOT Beautification Grant for the Highway 27/50 intersection will be December 12 and everyone is invited to help. YMCA Use of the Highlander Hut during Christmas Vacation City Manager Saunders stated the YMCA has requested the use of the Highlander Hut for a reduced fee of $10 per day during the Christmas holiday, December 21-24, December 28-31, and Monday, January 4 to hold a children's Christmas camp. 9 2-194 A motion was made by Council Member Norquist seconded by Council Member Turville. and carried unanimously to approve the rental of the Highlander Hut at a reduced cost of $10 per day to the YMCA , or a children's Christmas camp during December 21-24 December 28-31 and Monday, January 4. 1992 National Small Business Tree Planting Program Grant (SBA Grant) City Manager Saunders stated the City has received notification of award of the SBA Beautification Grant in the amount of $2,244 for landscaping on 8th Street and around Center Lake. 92-195 A motion was made by Council Member Ivey seconded by Council Member Norauist. and carried unanimously to accept the 1992 National Small Business Tree Planting Program Grant, or $2 244. America the Beautiful Grant City Manager Saunders stated the City has received notification of award of an America the Beautiful Grant in the amount of $6,100 which will enable the City to perform a street tree inventory. This will enable us to identify areas where new trees are needed as well as classify existing trees. 92-196 A motion was made by Council Member Norquist seconded by Council Member Ivey. and carried unanimously to accept the America the Beaut~l Grant for $6100. C~ CITYOF CLERMONT MINUTES • REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 3 Police Department Interior Color Selection City Manager Saunders presented a composite of tile, formica, carpet, and wall paint selections for the new police department recommended by Strollo Architects. Chief Tyndal and his staff are happy with the recommendations. 92-197 A motion was made by Council Member Norquist seconded by Council Member Turville. and carried unanimously to accept the interior color recommendations from Strollo Architects for the new police department. Council Workshop Council agreed to hold a Workshop on December 3 at 7:00 p.m. at City Hall to discuss various items. COUNCIL MEMBER NORQUIST'S REPORT Council Member Norquist reported that the DOT Highway Beautification Grant tree planting went well on Saturday, November 21 at the Highway 50/27 intersection with approximately 20 volunteers. He especially thanked Clermont Hardware for donating the use of an auger for drilling the hard soil. MAYOR POOL'S REPORT Mayor Pool thanked the South Lake Council for the Arts and Gail Yemmington for the production held November 22 called What is this Thing Called Love. VISITORS WITH BUSINESS Nicholas & Vivian Waltbillig, Variance Request Mayor Pool explained that the variance request concerns the required 25' setback from the rear property line. The Waltbilligs want to construct a 2-car garage 7'/z' from the rear property line at 1123 Hampton Street. Mayor Pool stressed that Quasi-Judicial Hearing rules issued by the Fifth Judicial Court must be followed wherein all those people wishing to speak must be sworn in first. Mr. Nicholas Waltbillig, 1123 Hampton Street was sworn in by City Clerk Van Zile. City Manager Saunders stated that in order for a variance request to be granted, hardship must be demonstrated. The City Code does not allow for exceptions. Staff does not see a hardship since the garage can be constructed within the standard setback requirement of 25'. Therefore, staff recommends denial of the request. • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 4 Mr. Nicholas Waltbillig submitted photographs of 1123 Hampton and pointed out that a Florida Power substation borders the rear property line. He submitted letters of approval from his neighbors on either side (Mr. Wally Herda, 1109 Hampton Street and Ms. Anita Skinner, 1135 Hampton Street). City Manager Saunders stated he had received a letter from Mr. John Boyett, Sr., 1211 Bloxam Avenue (within a block from 1123 Hampton) who approves of the variance being granted only if his property receives the same variance. 92-198 After discussion, a motion was made by Council Member Ivey seconded by Council Member Nor~uist. and carried unanimously by roll call vote to deny the variance request for minimum setback requirement. Clermont Pelican Oil Co., Resolution #774 No representative from Clermont Pelican Oil Co. was in attendance. 92-199 A motion was made by Council Member Turville seconded by Council Member Norquise. and carried unanimously to table this item until the next regularly scheduled Council meeti~. Robert Thompson, Greg Homan, Resolution #775 Mayor Pool read Resolution #775 by title only and stated that the request was for a Conditional Use Permit to allow the construction of 14 townhome units in R-3 district, Tract 3, Oakhurst Subdivision, on the northwest corner of Highland and Disston. Mayor Pool stated that Quasi-Judicial Hearing rules issued by the Fifth Judicial Court must be followed wherein all those people wishing to speak must be sworn in first. The following people were sworn in by City Clerk Van Zile: Bob Thompson 1927 Brantley Circle Greg Homan 20570 Sugar Loaf Mountain Road Rick McCoy 10670 Lake Hill Drive John Rausch 8710 Village Green City Manager Saunders stated the property is zoned R-3 and the request is consistent with the Comprehensive Plan and Future Land Use Map. Existing multi-family developments border the property on the north and the west. Staff recommends approval with the conditions stated in the Conditional Use Permit. Mr. Greg Homan stated that #7 of the Conditional Use Permit needed clarification. The hedge should be planted at the same time as the duplexes are built so the irrigation system and water are in place. CITY OF CLERMONT MINUTES • REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 5 92-200 A motion was made by Council Member Turville seconded by Council Member Norquist. and carried unanimously by roll call vote to adopt Resolution #775 with condition #7 amended to allow the hed eg to be planted as construction is accomplished on the individual units except that the water retention area should be planted initiallx. Robert Thompson, Greg Homan, Edgewood Lake PUD Mayor Pool read Resolution #776 by title only. City Manager Saunders stated that the applicants have made substantial changes from their original application. Only single family homes are planned west of the proposed Bloxam Avenue. 8 triplexes will be located on the east side of proposed Bloxam Avenue adjacent to 9 commercial lots. A total of 32 single family homes are planned. Mayor Pool explained that Quasi-Judicial Hearing rules must be followed wherein all those people wishing to speak must be sworn in first. The following people were sworn in by City Clerk Van Zile: Bob Thompson 1927 Brantley Circle Greg Homan 20570 Sugar Loaf Mountain Road Rick McCoy 10670 Lake Hill Drive Herb Smith 11949 Elbert Street Lucy Lampert 261 Edgewood Patty Sheppard 251 Hillside Dr. James Baker 250 Overlook Drive Janet Baker 250 Overlook Drive Wanda Cox 310 Crestview Dr. Carolyn Darling 691 Grand Highway Edward Goeckel 200 Hillside Dr. Flo Dowhower 230 Disston Avenue Rita Larson 220 Disston Avenue Lawrence Larson 220 Disston Avenue Bill Darling 691 Grand Highway Steve Moss 201 Hillside Garrett Paquette 611 Grand Highway Pam Hamilton 631 Grand Highway John Rausch 8710 Village Green Paul Palmer 290 Edgewood Carol McCarthy 200 Overlook Dr. Jane Thomas 661 Grand Dr. Warren Thomas 661 Grand Dr. Marsha Peaslee 221 Hillside Jane Boyack 203 Overlook William McCroskey 631 Grand Dr. Marion Edwards 240 Overlook Mark Edwards 240 Overlook ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 6 Greg Homan, co-developer, stated the development includes 30 acres with 25 acres in Clermont and 5 in Minneola. They plan 32 single family units with 22 in Clermont and 10 in Minneola. 10 commercial lots aze planned with 9 in Clermont and 1 in Minneola, together with 8 triplexes. Mr. Homan questioned Conditional Use Permit General Condition #8 C wherein a 5' landscape buffer is required along Grand Highway and Highway 27 with 20 trees per acre. He suggested it be changed to require seed and mulch or sod to all disturbed azeas, and return the site to existing conditions. In regazd to General Condition #10, Mr. Homan requested recognition of naturally occurring 11 to 12 % grades and the necessity of road slopes in excess of the 8 allowable by City Code. For General Condition #13 Mr. Homan requested limited ingress from Grand Highway for Lots 41 through 44, with all egress from the lots to be by the reverse frontage road. Regazding Operation Plans #7 and 8 concerning the grassing of commercial lots, Mr. Homan requested that the required seed and mulch pertain to only disturbed azeas, and that all lot improvements, including buffers and imgation, be provided by the future lot owner. In regazd to General Improvements #1, he requested confirmation that sidewalks aze to be installed at the time of lot development prior to issuance of Certificates of Occupancy so that construction equipment used in lot development will not be running over them. General Improvement #5 requiring the developer to pay for the cost of signalization if required by the DOT was questioned because Mr. Homan believed opening Bloxam Avenue will greatly increase the traffic. Mr. William McKrosky stated he had heazd about possible changes made to the proposed development, but he had never heazd of rezoning to R-1. He stated he was opposed to the Edgewood Lake PUD because it is impractical and improper to the land especially with water run off problems. He stated that the degree of slope of the streets would be approximately 12 % which is in excess of the 8 % allowed by City Code, and no exceptions should be made. He also wanted the City to require the developers to guazantee the project with a considerable amount of money. He wanted a proper kind of growth and felt the development was unsuitable for the azea. He believed the developers could come back and request amulti-family development and that the City should deny the PUD. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 7 Mr. Bill Darling stated he has been in the neighborhood since 1970 and he would like to see something pleasing for the area. He stated he works for the DER and he knows they will not issue the required permits for the area if the plan won't work. Mr. Steve Moss stated he is a supervisor for the Lake County Sheriff's Office and he knows that rental units customarily bring supervision problems. Single family owned neighborhoods generally have low crime. He was against approving the PUD because of the multi-family housing. Mr. Paul Palmer questioned the planned retention pond being able to handle the run off. He stated he lived in Orange Hill and he preferred single family units in the area. He stated that Council should pay attention to those who live there and wanted the rest of the planned multi-family units replaced with single family units. Pam Hamilton was concerned for the children in Clermont and stated that high density, multi-family units do not contribute to good neighborhoods. Herb Smith stated he was a contractor in Clermont who owns four lots and he planned to develop them with duplexes. The developers approached him because of the objections of the neighborhood and asked him to put in single family units. Warren Thomas stated that the steep grade should not be permitted because the water run off will be a big problem and he didn't think the developers have a solution. He thought people will avoid the downtown traffic lights and travel Bloxam Avenue from Highway 50 to Grand Highway when it is constructed and there are 8 driveways to Grand Highway. The driveways should connect with Bloxam, not Grand Highway. John Rausich stated he was affiliated with the developer and he thinks the traffic will go to Division Street to get out of the area.. He also thinks the developers have a design that will keep the water on the property. Mark Edwards submitted copies of Clermont's Comprehensive Plan and stated that the plan reports that water run off is a prime concern. It reports that 41.2 % of the land is developed, and the majority is single family, which is the way he thinks it should remain. The slope of the land should limit the development. Areas noted to be in excess of 8 % slope include the Edgewood Lake area and the plan reports that water run off adversely affects lake quality. He reported that the residents of Orange Hill wish to have single family units and that this PUD will adversely affect Orange Hill. Rita Larson stated she was did not object to minorities, she only objects to triplexes or duplexes in the area. Lawrence Larson stated he preferred single family homes to be constructed in the area. ® • CITY OF CLERMONT MYNUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 8 Carol McCarthy would like single family homes, not triplexes or duplexes. She does not want transients in the neighborhood. Marion Edwards asked that the City follow the Comprehensive Plan and keep Clermont beautiful and protect it. She was concerned for the park at the end of the development and did not want to see alterations to the park because of the new development. Greg Homan stated they were not asking for a higher density than was allowed in the present R-3 zoning, but lower. He stated that the developers were long-time Clermont residents and they would be required to furnish two bonds, one for reclamation and the other for infrastructure. He explained that the retention pond will catch water from not only the development, but from the DOT Highway 27 and part of the Hillside Drive runoff. He stated that part of the existing sewer system is in the 100 year flood plain and to connect to serve all the housing would require connecting at a point that is 13' lower than the flood plain. Council Member Ivey was concerned that the residents in the audience did not have copies of the conditions listed in the proposed Conditional Use Permit. Council Member Turville explained that the developers could develop the property at 8 units per acre instead of the proposed 3.73 units per acre by building one duplex after another and never being required to get Council approval. Instead, the developers chose to develop the property as a Planned Unit Development and get approval the whole parcel. The conditions in the Conditional Use Permit were developed by staff and members of the Planning and Zoning Commission. Council Member Ivey read the conditions in the Conditional Use Permit to the audience. City Manager Saunders stated that in regard to Conditional Use Permit General Condition #8, the City concurs with Mr. Homan to plant only the disturbed areas and not require a landscape buffer for the single family homes. In regard to General Condition #10 exceeding 8 % slope, the subdivision code states 8 % is maximum, but many streets exceed 8 % including streets in Orange Hill. Exceeding the 8 maximum slope should be allowed because of existing topography. In regard to General Condition #13, City Manager Saunders stated that the Planning & Zoning Commission and staff recommend no curb cuts on Grand Highway for commercial lots, instead, they should access the frontage road. City Manager Saunders stated that staff concurs with the requested changes to Operation Plans #7 and #8 requiring grassing of commercial lots wherein only disturbed areas will be treated. General Improvements #1 should require sidewalks to be installed at the time of lot development. General Improvements #5 requiring the developer to pay the cost of signalization should DOT require it was discussed. City Manager Saunders stated that DOT will base the signalization requirement on the ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 9 increased traffic from the proposed PUD only, not for any future development, or the increased traffic Bloxam Avenue may bring from other areas, and Mr. Homan felt this was acceptable. City Manager Saunders stated that additional condition #1 is in regard to retention areas, and the developer is planning two water retention areas. The first one is designed to handle all of the storm water on the development. A condition should be added that if DOT will cooperate, the storm water from Highway 27 should be diverted into the retention pond. He also recommended that a small catch basin seizing water run off from Hillside Dr. , etc. be diverted to the retention area. City Manager Saunders stated that additional condition #2 regarding the connection of the gravity sewer system to existing Edgewood Place sewer system below the 100 year Flood Plain Elevation is in violation of the Comprehensive Plan and the first two or three lots cannot be hooked in to the sewer system. Regarding additional condition #3 for Clermont sewer facilities to be made available to the lots located in Minneola if Minneola agrees, City Manager Saunders stated that this provision should be added. The request to allow 25 % building coverage of commercial lots instead of the 18 allowed by the Comprehensive Plan cannot be allowed unless the Comprehensive Code is amended. City Manager Saunders stated that because of the concerns for driveways on lots 1-8 on Grand Highway, he recommended the driveways be required to have aturn-around or be circular to restrict residents from backing out into Grand Highway. City Manager Saunders stated that because a portion of the water retention area is proposed within the 100 year flood plain, an opinion from the Department of Community Affairs regarding the use of flood plain for storm water has been requested, but no response has been received. They will probably respond that this is a local issue, which will allow the Council to permit this location. 92-201 A motion was made by Council Member Norquist seconded by Council Member Ivev, and carried unanimously by roll call vote to adopt Resolution #776 with sta~`'recommendations as discussed. City Manager Saunders reviewed all the amendments prior to the vote. ® • CITYOF CLERMONT MINYJTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 10 NEW BUSINESS ICMA Retirement Corporation City Manager Saunders stated that an updated administrative services agreement does not include any changes from the old agreement. The ICMA Retirement Corporation is used for the City Managers Retirement fund and any other employees may contribute to individual retirement accounts voluntarily. 92-202 A motion was made by Council Member Norquist seconded by Council Member Ivey, and carried unanimously to approve the new ICMA Retirement Corporation agreement. Americans with Disabilities Act City Manager Saunders explained that the Americans with Disabilities Act requires the designation of an ADA coordinator whose duties are to coordinate compliance with ADA. 92-203 A motion was made by Council Member Norquist seconded by Council Member Ivey and carried unanimously to appoint City Manager Saunders as the ADA Coordinator. City Manager Saunders stated that a grievance procedure also needs to be adopted in regard to the Americans with Disabilities Act which should be tabled until the Council reviews it at a Workshop. 92-204 A motion was made by Council Member Norquist seconded by Council Member Ivey and carried unanimously to table adopting the grievance procedures for the Americans with Disabilities Act. Reclaimite Project City Manager Saunders stated that $35,000 has been budgeted for the annual reclaimite project. One-fifth of Clermont's streets are reclaimited annually and we can take advantage of the Seminole County bid which will total $28,299. 9 2- 20 5 After discussion, a motion was made by Council Member Norquist seconded by Council Member Ivey and carried unanimously to approve the Seminole County reclaimite bid. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 11 UNFIl~TISHED BUSINESS Downtown Development Committee, Proposal of Two Entrance Signs Sue Krotky, representing the Clermont Downtown Development Committee reported that the committee met the night before and approved the proposed sign design for two 4' x 8' entrance signs at Eighth and Highway 50 to be made of routed wood. They requested the City to furnish up to $100 in landscaping materials and maintenance around the signs together with approval of the signs. 92-206 After discussion, a motion was made by Council Member Turville seconded by Council Member Norguest and carried unanimously to annrove the proposed sign (with the point removed) landscaping up to 100. and maintenance of the landscaping to be placed in two locations a~nroved by City sta~`'at the intersection of Eighth Street and Highway S0. Interlocal Agreement, Clermont/Minneola/Oaks City Manager Saunders stated that the City of Minneola has requested one additional requirement to be added to the Oaks requirements in the proposed agreement (#6. e) which would require the Oaks to connect to the Minneola sewer system when it becomes available. 92-207 A motion was made by Council Member Norquist seconded by Council Member Ivey. and carried unanimously to approve the proposed Interlocal Agreement with the addition of #6 e. Agreement, Clermont/Oaks Homeowners Association City Manager Saunders stated that the Council had previously approved afive-year payout for the impact fee for the Oaks Homeowners Association with an undetermined interest rate. He recommended the interest rate charged to the Oaks be tied to the average rate that the State Board of Administration pays as interest, paid in five equal annual assessments. 92-208 A motion was made by Council Member Ivey seconded by Council Member Turville. and carried unanimously to approve afive ~year assessment or the Oaks Home Owners Association impact fee at an interest rate 200 basis points above the average rate that the State Board of Administration pays. ' n CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 24, 1992 PAGE 12 There being no further business or discussion, the meeting adjourned at 11:22 p.m. i~ Robert A. Pool, Mayor Attest: os an Zil , ity Jerk