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