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02-09-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 9, 1993 A Regular.Meeting of the City Council of the City of Clermont was held Tuesday, February 9, 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: Mayor Pro Tem Turville, Council Member Ivey, Council Member Cole, 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 January 12, 1993 and the Workshop Meeting held January 21, 1993 were approved as presented. CITY MANAGER SAUNDERS' REPORT First Annual Arts Festival at Center Lake City Manager Saunders stated the Art Departments of the Clermont High School and Groveland High School are planning a combined effort Arts Festival from 9:00 to 5:00 p.m. on April 3 in the area around Center Lake. 93-025 A motion was made by Council Member Turville, seconded by Council Member Cole and carried unanimously to allow the Clermont High School and Groveland High School to use the fitness trail area of Center Lake for an Arts Festival on April 3from 9.'00 to 5:00p. m. Postmasters Golf Tournament February 15 The Postmasters have a golf tournament each year, and Clermont Postmaster Montgomery succeeded in scheduling the tournament at Green Valley. He invites everyone to participate. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 9, 1993 PAGE 2 Code Enforcement Board' Member Opening City Manager Saunders stated there was still one position opening on the Code Enforcement Board. Council Member Turville stated he had talked with Mr. Don Burris, who expressed interest in the position. 93-026 A motion was made by Council Member Turville and seconded by Council Member Ivey_, to nominate Mr. Don Burris to the Code Enforcement Board. 93-027 A motion was made by Council Member Ivey_ and car~ed unanimously that the nominations cease. COUNCIL MEMBER NOROUIST'S REPORT Rail to Trails Council Member Norquist reported that the Grand Opening of the Rail to Trails in Mabel on February 5 was very successful with 200-300 people in attendance. Lakeshore Drive Council Member Norquist reported that more patrolling of traffic should be done on South Lakeshore Drive. MAYOR POOL'S REPORT Historic Landmark for Clermont Women's Clubhouse, 655 Broome Street Mayor Pool reported that the Clermont Women's Clubhouse at 655 Broome Street has been designated as a Historic landmark, the first in South Lake County. Mrs. Miriam Johnson has been very involved in accomplishing this designation. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 9, 1993 PAGE 3 Steel Recycling Mayor Pool stated that Mr. Walich does not have a separator in place at this time, however, he stated residents have been collecting steel since last fall and he would like to see the City begin collecting steed. City Manager Saunders stated he would like to discuss steel recycling at the next workshop. MAYORAL PROCLAMATION Arbor Day Proclamation Mayor Pool proclaimed that February 13, 1993 will be observed as Arbor Day in Clermont, and he read the Arbor Day Observation Proclamation. The Clermont Beautification Committee and the Clermont Garden Club will be distributing free seedlings on Saturday morning, february 13 at Publix. VISITORS WITH BUSINESS South Lake YMCA Request to Use Highlander Hut at Reduced Fee City Manager Saunders stated the YMCA has again requested the use of the Highlander Hut for their summer program from June 1 to August 20 with the exception of the week of July 19 when the Boy Scout Camp is in session. Approximately 80 children attend the YMCA summer program at $50 per week. The YMCA have used the building for several years at a reduced rate of $10 per day, with normal charges being $165 per day. A study of the operating costs for this facility show the average cost for utilities, cleaning, and maintenance (not including depreciation, capital outlay expenditures, garbage pickup or insurance costs) to be about $100 per week. City Manager Saunders recommended a reduced fee of $20 per day. 93-028 After a brief discussion, a motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve a reduced fee of $2O per day for the YMCA. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 9, 1993 PAGE 4 Chester Fosgate Company, Inc. Request for Conditional Use Permit Mayor Pool explained that the Chester Fosgate Company has requested a Conditional Use Permit to allow cattle grazing on their property. He stated that a quasi-judicial hearing will be held, and anyone wishing to speak in favor of, or opposition o the requested Conditional Use Permit must be sworn in. The following were sworn in by City Clerk Van Zile: Daryl Carter Del Ellis Rita Martinez Berenice Ellis Joanna Abrusci Dominique Abrusci Cleo Ellis Sam Pennington 908 S. Delaney Avenue, Orlando, FL 113 E. Sumter Street, Minneola, FL 15531 Hidden Lake Circle, Clermont, FL 15528 Hidden Lake Circle, Clermont, FL 15540 Hidden Lake Circle, Clermont, FL 15540 Hidden Lake Circle, Clermont, FL 15528 Hidden Lake Circle, Clermont, FL 1402 Old Highway 50, Clermont, FL Mayor Pool read Resolution//778 by title only and opened the public hearing. City Manager Saunders stated the request was to allow up to 24\50 mature cattle to graze on the property located north of Highway 50 and east of Jacks Lake. The Planning & Zoning Commission recommended approval of the Conditional Use Permit with conditions as outlined in Resolution #778. A letter from Claude E. Smoak, Jr. has been received stating he has no objection to the request for the conditional use permit and he actively supports the petition for the cattle operation. Mr. Daryl Carter, representing the Chester Fosgate Company stated he was there to answer any questions. He stated that Miss Del Ellis would manage the cattle operation on the property. Rita Martinez stated she was concerned how the cattle operation would affect her neighborhood and asked what the conditions were in Resolution #778. Mayor Pool read the conditions. Dominique Abrusci stated he was concerned that the barb wire fence to the east would not be removed after a field fence was erected, and that weeds would grow between the fences. He stated that Mr. Carter had indicated they would remove the barb wire· CITY OF CLERMONT MINUTES ' REGULAR COUNCIL MEETING FEBRUARY 9, 1993 PAGE 5 fence, which he felt was satisfactory. City Manager Saunders stated that condition should be amended to add "the barb wire fence to the east of the property will be removed, and the field fence will be installed". Mr. Sam Pennington stated he is a neighbor on the north side of the property on Old Highway 50 and he said the Fosgate Company was a good. neighbor. He said a barb wire fence was 'presently located on the north, and he. would like to see it remain. Mayor Pool closed the public heating as no one else wanted to speak. Council Member Turville stated the conditions limit the number of mature cattle to 250, however, there is no limit to how many young cattle. The condition should be amended 'to add a maximum of 500 cattle. 93-029 After discussion, a motion was made b.9 Council Member Norquist, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution #778, adding that the barb wire fence to.the east will be removed after installing afield fence to condition #6, and a maximum of 500 cattle to condition #8. Linda A. Gooden/Vincenza Leonardo, Kiddie Corner Variance Request Mayor Pool stated that Linda A. Gooden and Vincenza Leonardo are requesting a variance request for mulch parking at their day care center at 606 West Avenue. He stated that a quasi-judicial hearing is required, and that anyone wishing to speak in favor of} or opposition to the variance must be sworn in. The following people were sworn in bY City Clerk ivan Zile: Vincenza Leonardo 12220 Monte Vista Road, Clermont, FL Linda Gooden : 12220 Monte Vista Road, Clermont, FL Mayor Pool opened the .public hearing. City Manager Saunders stated that the Council had granted a Conditional Use Permit for a day care center for 606 West Avenue in November of 1991. They were to meet all site regulations, including driveways and parking areas to be paved, as well as sidewalks to be constructed along CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 9, 1993 PAGE 6 Minneola Avenue. A variance to allow the off-street parking and driveway to be constructed of mulch was requested in March of 1992, and Council granted a six month temporary variance. The improvements were not constructed within the time period, and a Code Enforcement violation was issued. The Code Enforcement Board met regarding the violation and gave Mrs. Leonardo until March 1 to make the improvements or apply for a permanent variance for the paved parking and driveway. Mrs. Leonardo stated she would like to have a permanent variance for a mulch parking area and drive for environmental reasons and appearance. If the parking area and drive were paved, the retention pond required by St. Johns would take the entire front area and many shrubs and trees would need tobe removed. Also, the side entrance where the children are currently being picked up could no longer be used. City Manager Saunders stated that the staff recommends that the variance be denied and that the driveway and parking areas be constructed to City codes. If the variance were granted, it would set a precedent. Similar requirements have been made and met by another day care center, and this day care is in a heavy business area. 93-030 After considerable discussion, a motion was made by Council Member Turville, seconded by Council Member Cole, and carried four to one, with Council Member Ivey_ voting nay_ to grant a two year variance for the paved parking and drive provided the mulch is properly maintained, but the other requirements such as the sidewalks, aprons, and hedge buffer are to be constructed as previously agreed, 93-031 A motion Was made by Council Member Ivey_ to amend the mot~'on from two years to one year. This motion died for lack of a second. Strollo Architects, Inc~ Request for Revision in Police Building Contract City Manager Saunders stated that Strollo Architects have asked for a revision in the contract for the design of the Police Department building. The concept has been changed from a remodel involving the current building to a stand-alone building and additional time has been incurred in design and review. A request for a standard rate of a contract of $790,000 is made, increasing the contract $20,750. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 9, 1993 PAGE 7 93-032 A motion was made by Council Member Turville, seconded by Council Member Cole. and carried unanimously to increase the contract amount by $20,750for contract changes to the Police Department building. NEW BUSINESS Property Sale to OHM of .31 acres of Mohawk Road Property to OH Materials City Manager Saunders stated that OH Materials would like to purchase a portion of the property the City owns adjacent to their business on Mohawk Road. This property was purchased by the City about three years ago for the location of a flow equalization chamber to intercept sewer in this area and pump it to the existing sewer treatment plant. Since then, the Fosgate property has been annexed and a new sewage treatment facility is proposed for the east side of town, eliminating the need for a flow basin. A 50' strip could be sold to help OH Materials, leaving enough property for a flow basin, should plans change again. A recent property purchase by Florida Power in this vicinity totaled $25,000 per acre. The 50' strip amounts to .31 acres, which would equate to $7,750. City Attorney Baird has prepared Resolution 780 for the sale to OH Materials. 93-033 A motion was made by Council Member Ivey., seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution 780for the sale of the .31 acres of Mohawk Road property to OH Materials for $7,750. Property Acquisition of Helen Wilkins Property Adjacent to Jenkins Auditorium City Manager Saunders stated Mrs. Helen Wilkins has offered to sell approximately three lots adjacent to Jenkins Auditorium as has been discussed in a recent Workshop. The property was appraised by John Rocker in October of 1991 for $60,000. There are many possible uses for this property that would benefit the City, and Mrs. Wilkins and her attorney indicate the appraisal price Of $60,000 is the selling price. 93-034 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 9, 1993 PAGE 8 A motion was made by Council Member Norquist. seconded by Council Member Cole, and carried unanimously to purchase Mrs. Helen Willa'ns property_ for the appraised price of $60,000 together with a budget amendment for $60, O00 from General Fund Reserves.. OTHER COMMENTS Florida League of Cities Legislative Action Day in Tallahassee City Manager Saunders stated he and Council Member Ivey will be attending a Legislative Action Day in Tallahassee on February 23, the date of the next Council meeting. Chamber Breakfast Howard Stockton, ExecUtive Director of the Clermont Chamber of Commerce stated the March Orange Blossom Breakfast on March 5 is being sponsored by the City of Clermont. The public is invited. Black Awareness Day February 13 has been declared Black Awareness Day and the public is invited to a dinner at the Flagship Inn on that day at 6:30 p.m. There being no further business or discussion, the meeting adjourned at 9:25 p.m. Attest: