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08-09-1994 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 9, 1994 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 9, 1994 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 Cole, and Council Member Norquist. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker, and Deputy City Clerk Whiflock. INVOCATION The Invocation was offered by City Manager Saunders followed by the repeating of The Pledge of Allegiance to the Flag by all present. NHNIYYES The minutes of the Regular Council Meeting held July 26, 1994 and Workshop Meetings held June 21, June 23, and July 7, 1994 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Meeting City Manager Saunders reminded Council Members of a Workshop meeting scheduled for Tuesday, August 16 at 7:00 p.m. in the City Hall Conference Room. Special Meeting for Final 1994 Budgets and Ad Valorem Rate City Manager Saunders stated that a special meeting for the final 1994 Budgets and Ad Valorum rate needed to be scheduled. The special meeting was set for September 15, 1994 at 7:30 p.m. in the Council Chambers. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 9, 1994 PAGE 2 Fee Waiver Request for Jenkins Auditorium City Manager Saunders stated that Affordable Housing by Lake has requested a waiver of fees for Jenkins Auditorium to hold Community Home Buyers workshops on August 18 and 25. 94-105 A motion was made by Council Member Cole, seconded by Council Member Norquist. and carried unanimously to waive the fees for workshops to be hem August 18 and 25 by Affordable Housing by l_zzke. Surplus Property Declared City Manager Saunders stated that the City of Leesburg and Lake County will hold their annual auction on Saturday, August 13. He recommended that two 1989 Ford automobiles used by the Police Department be declared surplus so they may be sold at the auction. 94-106 A motion was made by Council Member Norquist, seconded by Council Member Cole and carried unanimous~_ to declare two 1989 Ford automobiles as surplus property_. Planning & Zoning Commission Vacancy City Manager Saunders stated that David Duncan has submitted a letter resigning from the Planning & Zoning Commission due to a relocation. An ad will be placed in the newspaper and the Council will make an appointment from those citizens who express interest in serving on this commission. FINANCE DIRECTOR VAN ZILE'S REPORT Finance Director Van Zile stated that he had been contacted by a resident whose home was rehabilitated With a Community Development Block Grant and he wants to refinance his mortgage. There are liens on the CDBG homes that will be forgiven if the homeowner does not sell the home and resides in the home for five years. The mortgage company requires that the City's mortgage be subordinate to theirs. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 9, 1994 PAGE 3 City Attorney Baird stated that normal business practices keep the amount of liens on a home below 80% of the appraised value. He did not see a problem with the City subordinating their lien. 94-107 A motion was made by_ Council Member Cole. seconded by Council Member Norquist, and carried unanimous~_ tO approve subordinating the C-'i~_ 's mortfage on Communi~_ Development Block Grant mortgages when a home owner refinances the home. VISITORS WITH BUSINESS Yvonne Holley, Beach Concession Agreement City Manager Saunders explained that Mrs. Holley has been working with Mr. Nieves at his hot dog stand at JayCee Beach. She would like to purchase the hot dog stand if she can obtain a franchise agreement with the City. City Manager Saunders suggested that the franchise agreement held by Mr. Joe Nieves be transferred to Mrs. Holley. 94-108 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to transfer the franchise agreement from Joseph Nieves to Yvonne Holley. R.M. Frye, Variance Request Mayor Pool explained that Mr. Fry is requesting a variance to allow a 6' rear yard setback rather than the required 25' setback. He stated the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in R.M. Frye of 936 Seminole Street, Clermont, FL. City Manager Saunders stated that the applicant is requesting a rear yard variance for a 6' setback where 25' is required for 936 Seminole Street. Mr. Frye now has an existing 18' x 18' building located behind his home which is set back 6' from the rear property line. He proposes to construct a carport on the existing slab adjacent to the existing building. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 9, 1994 PAGE 4 Mr. R. M. Frye stated that he wants to construct a carport on an existing slab which adjoins an 18' x 18' building that has been on the property for many years. Mayor Pool closed the Public Hearing. City Manager Saunders stated that no hardship is demonstrated, however there will be no additional encroachment into the rear yard and staff recommends approval. 94-109 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried unanimously to approve the rear yard setback variance from 25' to 6'. Nicholas Marl-a, Variance Request Mayor Pool stated that Mr. Marra is requesting a side yeard variance at 730 Drew Avenue. He stated the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Jo Cunningham, 729 Shady Nook Drive, Clermont. City Manager Saunders stated that the applicant is requesting a side yard setback of 3.77' where 7.5' is required for 730 Drew Avenue. Attached to the application is a survey showing that the applicants originally purchased lots 91 through 96 and the . south half of lot 90 with their home located in the middle of the property. The applicants want to sell the north end of the property for a building lot and in order to create a buildable lot with 75' of width, the corner of their pool will be located 3.77' from the property line. Jo Cunningham stated that Mr. & Mrs. Marra were her clients and they were not aware of the 75' lot width minimum at the time of the pool installation. She pointed out that the retaining wall is 3.77' from the property line, however the pool enclosure is 5.89' from the property line, therefore the variance should only be for 1.61 feet. Mayor Pool closed the Public Hearing. City Manager Saunders stated that no hardship is demonstrated, however, a'precedent may have been set at last month's meeting when the Council granted a similar, request on Center Lane and approval is recommended. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 9, 1994 PAGE 5 94-110 A motion was made by_ Council Member Norquist, seconded by_ Council Member Cole. and carried unanimously to allow the 5, 89' side yard setback at 730 Drew Avenue. Herb Smith, Variance Request City Manager Saunders stated that Mr. Smith is requesting a variance to allow a side yard of 17' rather than 25' for lots 33 through 40 in the Edgewood Lake Subdivision. This property was originally included in the Conditional Use Permit for a Planned Unit Development and these lots were approved for 24 multi-family units. The original site plan placed the units in an east/west position with all driveway connections from Bloxam Avenue. Mr. Smith has been working with an engineer to construct the buildings and they have found that due to the topography it is more feasible to place the buildings north and south with the driveway connections from the frontage road. Mr. Smith proposes the same number of units, however, in order to place the units in this configuration he is requesting a 17.2' setback from Division Street whereas 25' was originally required in the Conditional Use Permit. Our Zoning Code does allow for a 15' setback where two rear yards abut each other in a residential zone, however, it does not apply in this case since the ownership goes from one street corner to another. There would be no vision problems with the proposed setback. Mayor Pool stated the request requires that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Herb Smith, 11949 Elbert Street, Clermont. Mr. Smith stated that City Manager Saunders had explained the situation accurately. Mayor Pool closed the Public Hearing. City Manager Saunders stated that staff recommends approval of the request based on the topography hardship. 94-111 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried unanimously to approve the 17' side yard setback for lots 33 'through 40 in Edgewood Lake Subdivision. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 9, 1994 PAGE 6 UNFINISHED BUSINESS City Manager Saunders explained that the next six items under Unfinished Business are requested to be tabled to August 23, 1994. These items are dealing with property on Hancock Road to be annexed and because the property purchase agreement for the new treatment plant property has not been finalized, they request tabling the items. Final Reading of Ordinance No. 271-M The ordinance will annex approximately 142 acres lying south of Highway 50, east and West of Hancock Road. 94-112 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to table the final reading of Ordinance 271-M to August 23, 1994. Final Reading of Ordinance 272-M The property involved is the same property proposed to be annexed in Ordinance 271- M and Ordinance 272-M will rezone the property annexed from R-R Rural Residential to R-1 Urban Residential and C-2 General Commercial. 94-113 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to table the final reading of Ordinance 272-M to August 23, 1994. Maynard Knapp, Resolution #826 This is a conditional use request for a planned unit development which will consist of 299 single family residential lots and a future commercial area on property to be annexed under Ordinance 271-M located on Hancock Road. 94-114 A motion was made by Council Member Norquist, seconded by Council Member Cole. and carried unanimously to table Resolution #826 to August 23, 1994. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 9, 1994 PAGE 7 Wholesale Agreement with Lake Hilln Utilities, Inc. This agreement is between the City of Clermont and Lake Hills Utilities, Inc. for the purchase of potable water to supply residential units to be constructed on the 142 acres to be annexed under Ordinance 271-M. 94-115 A mot'on was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to table the Wholesale Agreement tO August 23, 1994. Utility Services Agreement This agreement is between the City and MAK Development regarding a utility system on the property to be annexed under Ordinance 271-M. 94-116 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to table the Utili~_ Services Agreement to August 23, 1994. Property Purchase Agreement This agreement is between the City and Clermont Groves, Inc. for the purchase of a well site and a sewage treatment plant site at the southern end of Hancock Road south of Johns Lake Road. The agreement will be finalized by the August 23 meeting. 94-117" A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to table the property_ purchase agreement to August 23, 1994. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 9, 1994 PAGE 8 NEW BUSINESS Audit Agreement, Greenlee, Kurras, Rice & Brown City Manager Saunders stated that the firm of Greenlee, Kurras, Rice & Brown have provided the auditing services for the City for several years and have done an excellent job. He recommended approval of the agreement for fiscal year 1994 for a fee of $22,000. 94-118 A motion was made by Council Member Cole, seconded by Council Member Norquist. and carried unanimously to approve the Audit Agreement with Greenlee, Kurras, Rice & Brown for_fiscal year 1994for $22.0OO. Fireworks Agreement, APC Fireworks. City Manager Saunders stated that Mr. Vickers of APC Fireworks has provided the fireworks display for the Labor Day celebration in the past he is proposing to present the same display as last year at the same price of $2,500. He requested approval of this agreement. 94-1~9 A motion was made by Council Member Norquist, seconded by Council Member Cole. and carried unanimously to approve the contract with APC Fireworks for the Labor Day_ celebration for $2,500. There being no further business or discussion, the meeting adjourned at 8:15 p.m. Attest: Robert A. Pool, l~Iayor ~-