Loading...
07-27-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1993 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 27, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council members present: Council Member 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 July 13, 1993 were approved as presented. CITY MANAGER SAUNDERS' REPORT Interlocal Agreement with. the City of Minneola City Manager Saunders stated the Edgewood Lake Subdivision has received preliminary approval to begin construction. About six of the lots in the subdivision are located in the city limits of Minneola and the Council has discussed providing sewer service until Minneola develops their own system. Minneola has agreed that Clermont can provide sewer service to these lots and an agreement can be made to provide service to all but two of the lots which are under the flood plain. Minneola has also requested that we include a arrangement for sharing fire hydrants in this area. 93-106 A motion was made by Council Member Turville, seconded by Council Member Norquist, and carried unanimously to draft an interlocal agreement with Minneola for sewer service and fire hydrant sharing in the Edgewood Lake Subdivision. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1993 PAGE 2 Workshop Meeting City Manager Saunders asked to set a Council Workshop on July 29 for budget review. Council Members agreed to meet at 6:00 p.m. FINANCE DIRECTOR VAN ZILE'S REPORT Finance Director Van Zile stated that the City bonds have been refinanced at a 5.579 interest rate. Current bonds were averaging between 6.5 % and 8 %. Present value savings will amount to approximately $158,000 (annual savings in the first 10-12 years will be about $25,000 per year). Closing documents need to be signed, with the closing set for August 10. 93-107 A motion was made by Council Member Norquist, seconded by Council Member Ivey and carried unanimously to approve signing of the bond refinancing closing documents. MAYOR POOL'S REPORT Center Lake Mayor Pool reported that a request was made to remove the cattails, etc. from Crystal Lake similar to what was done at Center Lake. Request for Sidewalks Mayor Pool stated he received a request for sidewalks to be installed along 12th Street by the Public Works facility to Emerald Lakes Shopping Center. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1993 PAGE 3 VISITORS WITH BUSINESS Fred Fox Enterprises Queen Simmons from Fred Fox Enterprises stated that two change orders are requested for the Community Development Block Grant, as follows: · Change Order Addition for Mary Boney, 749 E. Minneola (Tallon/Biczek Construction) in the amount of $650 to replace the entire ceiling with 1/2" drywall because the original ceiling was 3/8" and did not meet code revising the contract total to $12,699. · Change Order Addition for Johnny Jones, 960 School Street (Tallon/Biczek Construction) in the amount of $2,475 to install a 5-ply built-up single membrane roof revising the contract to a total to $10,970. Ms. Simmons also stated that bids had been received for demolition of two homes (Jacob & Thelma Odom, 364 W. Chestnut and Addie Sullivan, 657 W. Pitt Street), as follows: · Tallon & Biczek Construction $2,600 each · Donle Construction $2,000 each 93-108 A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to approve the Tallon/Bicr~ek Construction change orders for Ma~_ Boney_ for $650 and Johnny Jones for $2.475, and' approve the demolition bids from Donle Constr~ction for the Jacob Odom and Addie SuJlivan homes for $2,000 each. Edith Garrett - Request for Variance City Manager Saunders stated that the applicant is requesting a variance to the minimum lot size and width for property owned on the west side of 6th Street. Mrs. Garrett currently owns Lots 43, 44, and the south half of 45 (totalling 150' x 90'). CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1993 PAGE 4 An existing house is situated on Lot 44, 12' from the Lot 43 boundary. The request is to construct a residence on Lot 43 plus 4'h' of Lot 44. The width would total 64'h' where a minimum lot width of 75' is required. The total lot size proposed is 5,805' where 7,500' is required. Mayor Pool stated that a Variance Request requires a Quasi-Judicial hearing, and that all those people wishing to speak in favor of or opposition to the request should be sworn in, however, no one asked to be sworn in. Mr. Craig Myrick addressed the Council. They are requesting a house be allowed to the south of the existing home as it would fit well into the neighborhood and be no detriment. All set back requirements will be met for both houses. City Manager Saunders stated that the zoning ordinance allows for a lot of record which is a lot that was platted prior to September 10, 1967 which was under single ownership to be granted a building permit, however, this lot was part of a larger parcel in 1968 and under our zoning code, is not grandfathered in as a buildable lot. The current owner, Mrs. Garrett, was not the owner of record in 1968 and purchased the parcel which included an existing home at a later date. The other homes on this side of 6th Street are built on parcels which include at least 1'/5 lots. The homes on the east side of 6th Street which is across the street from the subject parcel are built on smaller lots. The staff does not feel that a hardship has been demonstrated and recommends denial of the variance request. Mayor Pool stated he had no problem with a change of ownership and that a house is better than a vacant lot. Council Member Ivey stated it was impossible to see what the zoning ordinance would be in the future and if the existing house on Lot 44 was further to the north there would be two 75' lots for two houses. Attorney Baird stated the hardship could be that the present home could not have been built knowing what the code would be in the future. 93-109 Council Member Norquist stated that if this variance is granted, it will keep in line with the character of the street, and made a motion that the variance be granted. Council Member Turville seconded the motion which was carried unanimously. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 199:] PAGE 5 Dennis Horton, Trustee - Resolution/f789 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for the continuance of the temporary haul road located between the north and south sections of Jacks Lake between the Clermont Regional Shopping Center site and the clay mining area to the east. The haul road was allowed under a previous Conditional Use Permit, but is now in violation because it has expired. Mayor Pool stated that the request for a Conditional Use Permit requires a Quasi- Judicial heating and stated that all those people wishing to speak in favor of or opposition to the request should be sworn in. The following were sworn in by City Clerk Van Zile: Ronnie Finzler Bob Wade Kathleen Finzler 1172 Grand Highway, Clermont 1363 Lake Shore Drive, Clermont 1172 Grand Highway, Clermont Mayor Pool read Resolution #789 by title only. Mr. Bob Wade stated that the temporary haul road has been inspected by City Engineer Springstead, Mr. Modica, and others. He stated that if the property is developed, the road will act as a reverse frontage road to Highway 50 and it will be'better to leave it there permanently. He stated the small lake acts as a retention area and protects Jacks Lake. Council Member Ivey stated that the present request is only for the continued use of the temporary haul road. City Manager Saunders stated that the road is through a flood plane area and the Council cannot make a decision on a permanent basis at this time. The staff will review the issue with regard to the Comprehensive Plan at a later date. Mr. Wade asked to be informed when the Comprehensive Plan is reviewed in regard to this matter. Mayor Pool opened the Public Hearing. Mr. Ronnie Finzler stated that the trucks going in and out of the road will present a hazard. City Manager Saunders stated that the temporary haul road does not open to Grand Highway. Mrs. Finzler was also concerned about the traffic on Grand Highway. Mayor Pool closed the Public Hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1993 PAGE 6 City Manager Saunders recommended that Resolution//789 be approved with the wording "whichever is greater" removed from Condition//9 and the last sentence of Condition//12 removed. Council Member Turville stated he supported the continued use of the haul road, however, he thought the permit should be amended to state that as a condition of occupancy, the haul road should be picked up. Attorney Baird stated the removal of the haul road cannot be a condition of issuance of the occupancy permit. 93-1 10 After considerable discussion, a motion was made by Council Member Turville, seconded by Council Member Norquist, and tied with Mayor Pool and Council Member Ivey voting nay_ to amending Condition #9 of Resolution #789 to reflect 9 months or the issuance of a Certificate of Occupancy_ and eliminating "whichever is greater", replaced with "whichever is earlier".. 93-111 After further discussion, a motion was made by Council Member Ivey_, seconded by Council Member Norquist and carried by roll call vote, three to one with CoUncil Member Turville voting nay_ to adopt Resolution No. 789, eliminating the last sentence of Condition #12, and amending Condition #9 by eliminating "whichever is greater". John Hurtak, Trustee - CUP for Marie's Hallmark Shop City Manager Saunders stated that a request has been received to table the Conditional Use Permit request for Marie's Hallmark Shop to the August 10, 1993 Council meeting. 93-112 A motion was made by Council Member Norquist, seconded by Council Member Ivey, and carried unanimously to table the Conditional Use Permit request for Marie's Hallmark Shop to the August 10, 1993 Council meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1993 PAGE 7 Shepherd of the Hills Lutheran Church - Resolution//788 City Manager Saunders stated that a request has been received to table Resolution //788 for a Conditional Use Permit for the Shepherd of the Hills Lutheran Church to the August 10, 1993 meeting. 93-113 A motion was made by Council Member h, ey, seconded by Council Member Turville, and carried unanimously to table Resolution #788for the Shepherd of the Hills Lutheran Church Conditional Use Permit to the August 10, 1993 meeting. Presbyterian Church - CUP for Operation of a Preschool/Day Care Center City Manager Saunders stated that a request has been received to table the request for a Conditional Use Permit for a preschool/day care center for the Presbyterian Church to the August 24, 1993 Council meeting. 93-114 A motion was made by Council Member lvey, seconded by Council Member Norquist, and carried unanimously to table the request for a Conditional Use Permit for the Presbyterian Church to the August 24, I993 Council meeting. NEW BUSINESS Introduction of Ordinance 252-M Mayor Pool stated that Ordinance 252-M was a first reading which is a request to rezone a portion of the Shepherd of the Hills Lutheran Church property on the corner of 2nd and Chestnut Street from R-2 to R-3A which would allow the establishment of a pre-school and day care center on the church site. Mayor Pool read Ordinance #252-M by title only. 9 3-115 A motion was made by Council Member Turville and seconded by Council Member Norquist to introduce Ordinance 252-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1993 PAGE 8 Ad Valorem Millage City Manager Saunders explained that the City is required to submit to the County Property Appraisers office by August 1 the proposed millage rate that will be · advertised. He stated it is better to advertise at the highest millage rate that may be considered because it can be lowered without re-advertising, but it must be re- advertised if the rate is increased. He advised that .5 mill will increase the City's revenue by about $100,000. There are many unknown items in the budget such as insurance costs which may be up by 15%. Some decreases in revenue are also expected. The minimum ad valorem increase would be .25 mill. 93-116 A motion was made by Council Member Turville, seconded by Council Member Norquist, and carried unanimously to advertise the proposed _nd valorem millage rate at a. 25 increase. City Manager Saunders stated that a date must also be set for the Public Hearing regarding the tentative millage rate. 93-117 A motion was made by Council Member Norquist, seconded by Council Member Ivey_ and carried unanimously to set the date for the tentative ad valorem millage rate Public Hearing for Thursday_, September 16, 1993 at 7.'30 p. m. Street Tree Inventory - Selection of Consultant City Manager Saunders stated the City received an America the Beautiful grant this year for the Street Tree Inventory. Six proposals were submitted for consultant for this project. A short-list was made eliminating three of the proposals and the remaining three were interviewed by Karen Turville, Beautification Committee Chairman and City Manager Saunders. Their recommendation is to enter into contract negotiations with Forest Resources Management of Leesburg. Mrs. Turville stated Forest Resources Management was a Florida firm familiar with the native problems. The firm is staffed with several urban foresters who are very accessible. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 27, 1993 PAGE 9 93-118 A motion was made by Council Member Ivey_, seconded by Council Member Norquist, and carried unanimously to allow the CiU Manager to enter into negotiations with Forest Resources Management for a Street Tree Inventom_ project. Mayor Pool thanked Mrs. Turville for her efforts and stated the Council appreciates her hard work. MISC. COMMENTS Complaints regarding Clermont Regional Shopping Center Construction Council Member Ivey asked that staff look into the two complaints received by letter regarding construction of the Clermont Regional Shopping Center. City Manager Saunders stated he had already talked to one of the parties by telephone. There being no further business or discussion, the meeting adjourned at 9:11 p.m. Attest: ~fiE. Van Zil~ty/Clerk