Loading...
05-09-1989 Regular Meeting e It CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, May 9, 1989 in the Council Chambers. The meeting was called to order at 7: 30 p.m. by Mayor Pool wi th the following Council Members in attendance: Mayor Pro Tern Turville, Council Member Dupee, Council Member Cole, and Council Member Norquist. Other City Off icials present were Ci ty Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held April 25, 1989 and Minutes of the Workshop Meeting held April 18, 1989 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT FALL TRIATHLONS City Manager Saunders stated that he had been contacted by Fred Sommer regarding holding three triathlons in the fall, and requesting early approval of the use of Jaycee Beach so the events might be advertised in national magazines. The three events are scheduled to be held October 8 and 28, 1989 and November 25, 1989. 89-057 A MOTION WAS MADE BY COUNCIL MEMBER TORVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED GRANTING APPROVAL TO HOLD THE TRIATHLONS ON OCTOBER 8TH, AND 28TH AND NOVEMBER 25TH, 1989. CHANGE ORDER - LIFT STATION #30 City Manager Saunders explained that this change order lowered the original contract price for lift station #30 by $2,127.60, $900 for liquidated damages and $1,227.60 for land acquisition. The additional land was required when the contractor built part of the lift station on adjacent property. City Manager Saunders also asked that the Lift Station be given final approval and accepted into the city system. 89-058 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO APPROVE THE CHANGE ORDER LOWERING THE ORIGINAL CONTRACT PRICE OF LIFT STATION NO. 30 BY $2,127.60 'AND GRANTING FINAL APPROVAL AND ACCEPTANCE OF THE LIFT STATION INTO THE CITY SYSTEM. e e. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 Page -2- PENSION BOARD MEETING It was reported that there would be a meeting of the Pension Board at 7:00 p.m. on Tuesday, May 23, 1989, right be before the Council Meeting. COUNCIL MEMBER DUPEE. S REPORT LEAGUE OF CITIES LEGISLATIVE ACTION DAY Mrs. Dupee presented a brief overview of her recent trip to Tallahassee for the League's Legislative Action Day and reported that the proposed bill to stop government mandates to cities was having problems in the House because they kept tacking on amendments and exceptions. A citizen petition drive may be needed to get the legislation passed. MAYOR POOL. S REPORT Mayor Pool stated that he did not have a report as such, but that he wished to thank Florida Rock Industries for the generous donation of sand for the Jaycee Beach area and Dewitt Excavating for hauling the sand at a very reduced cost of $15 per truck. VISITORS WITH BUSINESS DAVID FOJO - RESOLUTION #616, REQUEST FOR CONDITIONAL USE PERMIT Ci ty Manage r Sa unde rs expl a ined that Mr. Foj 0 was reque sting a Conditional Use Permit for the construction of one triplex and one duplex on a portion of lots 1, 2, and 3, Block 47, which is located on the western shore of Crystal Lake just south of DeSoto Street. It was further explained that the Planning and Zoning Commission at their meeting held May 2, 1989, had recommended approval of the project by a seven to one vote. Three residents of the area were present at the meeting and voiced opposition to the project based on density. However, the proposed density of this project meets the Zoning Code and Comprehensive Plan requirements for units per acre. As designed, the density calculation is 7.98 units per acre, whereas, 8 units per acre are allowable. A variance to the rear yard setback requirement to 14' where 25' is required is also being requested and Staff is recommending denial of this because the buildings can be positioned on the property so as not to require a variance. Mr. Foj 0 then appeared before Council and explained his request and the reason for the variance. He stated that the lakeside would be the rear yard and wished to maintain for aesthetic reasons a large e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 Page -3- lawn on the lakeside and only one driveway e~tering the property. The buildings could be repositioned so as not to require the variance, but it would place them very close together and cause a privacy problem, which Mr. Fojo stated that he really did not want to do. The site plan as presented saves all the trees on the site and keeps it as natural as possible. However, if the buildings are repositioned on the site, two driveways would be required and some the trees might have to be cut down. Mayor Pool then called for comments from those present. A Mr. Horton stated that he opposed the entire project and thought it to be unsuitable for the lakefront property. Mr. Richard Harris, whose property abuts Mr. Fojo's property on the south, stated in a letter, part of which was read, that he was not opposed to the project, but only the variance. Nilsa Whitehead stated that she was not opposed to the project, but was opposed to the variance being granted. Mr. Fowler and Mr. Gagne stated that they were opposed to the entire project because of the density. Much discussion ensued concerning Mr. Fojo's proposal, with City Planner McAllister pointing out some of the other advantages with this type of layout for the buildings. 89-059 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED THAT THE REQUEST BE TABLED AND THAT MR. FOJO BRING BACK BEFORE COUNCIL A REVISED SITE PLAN SHOWING NO VARIANCE AS SOON AS POSSIBLE. GEORGE WOOD - REQUEST FOR SETBACK VARIANCE Mr. Wood, representing the owners of the Skyline Motel at 190 Highway 27, appeared before Council to request a variance from the required setback of 50' to 35' in order to construct a sixty-five seat restaurant on the site in front of the swimming pool. Mr. Wood pointed out on the site plan that two of the existing motel units presently encroach into the required front yard setback by approximately 15', and there would be no new encroachment because the restaurant would be 5' farther back than the existing encroaching buildings. Mr. Wood also gave each Council Member a setback study he had made indicating that existing setback had not been centered on the highway right-of-way. e. e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 Page -4- After reviewing the site plan, Planning Director McAllister explained the Florida Department of Transportation's long range goals of six laning, with 242' of right-of-way being needed at that time. In discussing the timetable for such a project, it was mentioned that this probably would not occur for another twenty years. Mayor Pool called for comments from those present, and no one spoke in favor of or opposition to the variance request. 89-060 In light of the information presented, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED GRANTING THE REQUESTED VARIANCE FROM THE REQUIRED SETBACK OF 50' TO 35' FOR 190 US HIGHWAY 27 (THE SKYLINE MOTEL). ROBERT AND JANlNE KIDDER - REQUEST FOR LOT WIDTH VARIANCE Ci ty Manager Saunders explained that Mr. and Mrs. Kidder were requesting a variance from the required minimum lot width of 100' to 90' for Lot 10, Lake Highland Estates located at 1650 Drew Avenue, between Lakeshore Drive and Minnehaha Avenue. It was further explained that the lots were originally platted in this configuration and in the past the City Council had granted variances for the 90' frontage. The lot meets all other requirements for the R-1-A Zone, and Staff recommends approval of the request. Mayor Pool called for comments from those present, and Chester Brown who lives at '211 Palm Lane stated he opposed the request because the City should uphold its zoning ordinance and not grant any variances. City Manager Saunders stated that the lots were platted prior to the present zoning ordinance being in effect and had the same person owned them continuously since 1967, no variance would have been required because the lot would enj oy "Grandfa ther" status. A letter from Catherine Rathwick approving of the request was also read. 89-061 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TORVILLE, AND UNANIMOUSLY CARRIED TO APPROVE THE LOT WIDTH VARIANCE OF 90' FOR LOT 10, LAKE HIGHLAND ESTATES. ROBERT BUGNI - REQUEST FOR VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT Mr. Bugni appeared before Council to request a variance from the minimum lot size requirement of 7,500 square feet to 6,608 square feet for Lot 1, Block A, Minnehaha Chain-of-Lakes Subdivision e 'e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 Page -5- located on the southeast corner of the intersection of Bloxam Avenue and Hook Street. Mr. Bugni stated that he was granted the same variance approximately sixteen months ago, but that he had failed to start construction within one year and the variance had become void. Mr. Bugni further stated that at this time, due to his wife's ill health, he wanted to sell and lot and had a contract pending on the outcome of the request. City Manager Saunders pointed out that most of the lots in the area contained 6,500 square feet and that the lot would not be out of line. Mayor Pool called for comments, and no one spoke in favor of or opposition to the request. 89-062 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE TO THE MINIMUM SIZE OF 7,500 SQUARE FEET TO 6,608 SQUARE FEET FOR LOT 1, BLOCK A, MINNEHAHA CHAIN-OF-LAKES SUBDIVISION. BOB THOMPSON - REQUEST FOR EASEMENT ACROSS LAKE MINNEOLA DRIVE FOR IRRIGATION LINE TO CHERRY KNOLL Mr. Thompson appeared before Council to explain his request for an easement to place an irrigation line across Lake Minneola Drive. He stated that the irrigation line had already been installed to provide irrigation for all landscaping at the Cherry Knoll Townhouse Development. Mr. Thompson further explained that he had obtained all the required permits from the various regulatory agencies and was under the impression that he was not violating the City's policy concerning pumping water from lakes within the city limits. City Manager Saunders explained that several years ago the City adopted a policy which stated that a developer could not cross city right-of-way to pump out of an internal lake. However, this policy did not address the lakes connected to the chain-of-Iakes. It was the intent, at that time, that any requests for pumping from the chain-of-Iakes, which resulted in crossing city right-of-way, would be addressed on a case by case basis. Bob Tracy, who installed the irrigation line, explained that the St. Johns Water Authority has issued an exemption for the pump, and that exemptions were issued for consumption of less than 100,000 gallons per day. He further explained that the projected consumption for the project would be approximately 60,000 gallons every other day. Much discussion ensued concerning the question of pumping from the aquifer as opposed to pumping from surface water and it was pointed out that there were valid arguments from both sides. Mr. Tracy - e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 Page -6- stated that Will Davis, Director of the Lake Water Authority, recommended pumping from the surface water of the lake, mainly because of the unknown factor involved when pumping large amounts of water from the aquifer, which is the source of all drinking water for the entire State of Florida. His opinion is consistent with those of the other regulatory agencies, which seem to be based on the fact that if a problem arises from pumping from a lake, it is visible and measures can be taken to correct it. Council Member Turville stated that he was opposed to this position and stated that we should be better stewards of the lake than to allow that much water to be pumped fram the lake. It was further stated that he believed there would be no enforcement of the pumping limits as set forth. Some further discussion ensued concerning pumping regulations and how much of the water being taken out of the lake for irrigation would soak back into the ground and end up back in the lake. It was stated that 60% would go back in the lake and 40% would evaporate during irrigation. Council Member Norquist asked if the City could place restrictions on the easement, and City Attorney Baird advised that State Agencies regulated water consumption through pumping. Mr. Tracy then informed the Council that the maximum allowable was one million gallons per month. 89-063 After considerable discussion, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE WITH MAYOR PRO TEM TURVILLE VOTING NAY, TO GRANT THE EASEMENT REQUEST FOR AN EASEMENT ACROSS LAKE MINNEOLA DRIVE FOR AN IRRIGATION LINE. NEW BUSINESS INTRODUCTION OF ORDINANCE 204-M, REZONING REQUEST City Manager Saunders explained that the owners of Lots 4,5,6,7,8,9, Block 137 and the north 1/2 of the closed Highland Avenue right-of-way located west of Twelf'th Street and south of Highway 50 are requesting that the property be rezoned from R-1-A to R-3-A. The property is located just north of the Twel fth Street Park site and south and east of Emerald Lakes Mobile Home Park. He further explained that the Planning and Zoning Commission at their meeting held Tuesday unanimously recommended approval of the rezoning request. The final reading of the ordinance will take place on June 13, 1989. There was no discussion of the proposed ordinance and Mayor Pool then read Ordinance 204-M by title only. Council Member Dupee left at this point in the meeting. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 Page -7- 89-064 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER TURVILLE TO INTRODUCE ORDINANCE 204-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. LEASE AGREEMENT - SOUTH LAKE YMCA City Manager Saunders explained that the YMCA was requesting to exercise their option and renew their lease for the building at 630 West DeSoto Street for another year at the same rate of $101 per month. 89-065 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND. UNANIMOUSLY CARRIED WITH COUNCIL MEMBER DUPEE BEING ABSENT, TO RENEW THE LEASE WITH THE SOUTH LAKE YMCA FOR ONE YEAR AT A RATE OF $101 PER MONTH. INTRODUCTION OF ORDINANCE 203-M City Manager Saunders explained that this ordinance would close and permanently abandon that portion of the Bloxam Avenue right-of-way lying north of the Grand Highway to the northerly city limits which divides the two parcels under contract for purchase by South Lake Memorial HOspital. It was further explained that at this time it would be better that the ordinance not be introduced until such time as it is certain the hospital will be built on the property, because if it is never constructed, the City may wish to retain the right-of-way, depending on how the property is developed. During the first meeting in June a public hearing for the Comprehensive Plan amendment allowing a hospital to be located in this area and the Conditional Use Permit for the hospital will be heard. 89-066: There was no further discussion, AND THE ORDINANCE WAS NOT INTRODUCED AT THIS TIME. At this point in the meeting, Council Member Dupee returned. CITY/COUNTY INTERLOCAL AGREEMENT It was explained that the Interlocal Agreement between Lake County and the cities of Lake County would allow the County, if 75% of the cities participate, to apply for up to $280,000 in grant money which could be received and expended for consulting firms to study recycling al ternatives and develop and implement a countywide recycling plan for Lake County. Council Member Turville, who is the City's representative to the County Recycling Committee, stated that the Committee had met twice and were of a consensus that it would be in the best interest of all the cities and unincorporated areas of the County to have a countywide recycling program. e" , e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 Page -8- City Manager Saunders reported that as of tonight, 60% of all of the cities in Lake County had signed the agreement. If 75% of the ci ties do not sign the agreement, it was pointed out that the County would then be eligible to receive only $67,000, which would place an undue financial burden on the cities who signed the agreement. Council Member Turville stated that he did not want to have the Ci ty of Clermont enter into the agreement if 75% of the cities ultimately did not sign the interlocal agreement. 89-067 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TORVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED THAT THE CITY ENTER INTO THE AGREEMENT WITH THE COUNTY AND THE CITY WILL DELIVER THE AGREEMENT TO THE COUNTY IF 75% OR MORE OF THE CITIES HAVE SIGNED IT. GRANT AMENDMENT City Manager Saunders explained that this was the final grant amendment for the treatment plant expansion, and that the Council had actually closed the project and approved the final budget amendment in February. This grant amendment will close the project with the EPA and refers to the $26,812 reduction in the overall grant which was taken into account with our closing and budget amendment in February. 89-068 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO ACCEPT THE FINAL GRANT AMENDMENT IN THE AMOUNT OF A $26,812 REDUCTION IN THE OVERALL GRANT TO CLOSE OUT THE TREATMENT PLANT EXPANSION PROJECT WITH THE ENVIRONMENTAL PROTECTION AGENCY. BUDGET AMENDMENT City Manager Saunders explained that several months ago the City had applied for a permit to fill in the ditch between CR561 and the abandoned railroad right-of-way north of West Beach. The required permi ts have been received and are ready to proceed wi th the beautification project. It was further explained that three quotes were obtained for the excavation work, with the low quote being $7,500, and that a budget amendment in that amount for the Parks and Recreation Committee was being requested to complete the project. City Manager Saunders continued by stating that Public Works Director Smythe: had contacted the local companies that have equipment to do this type of work and we feel confident that the low quote we received is competitive. The other two quotes were $10,000 and $12,000. ,8 'e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 9, 1989 Page -9- 89-069. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED APPROVING THE BUDGET AMENDMENT IN THE AMOUNT OF $7,500 TO GENERAL FUND RESERVES FOR THE EXCAVATION WORK AT WEST BEACH. PROCLAMATION - HONORING TEACHER APPRECIATION WEEK At the end of the meeting, Mayor Pool read a Proclamation proclaiming the week of May 14-20 as TEACHER APPRECIATION WEEK IN THE CITY OF CLERMONT. PUBLIC COMMENTS Emma McDuffy, who was present in the audience, asked if she would be able to install an irrigation system at the new home she is having built and run a line under the road to pump out of East Lake. It was explained that the City had a policy against crossing city right-of-way to pump out of the small internal lakes within the ci ty limits. Mrs. McDuffy stated that she understood, and thanked the Council for their time. There being no further business or discussion, the meeting adjourned at 10:00 p.m. /2h~/Z~ Robert A. Pool, Mayor ~ Attest: Ci ty Clerk