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04-09-1996 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 9, 1996 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 9, 1996 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tern Norquist; Council Member Dupee; Council Member Cole, and Council Member Sargent. Other officials present were City Manager Saunders, Planning Director Harker, City Attorney Baird, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Mayor Pro Tem Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held March 25, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Change Orders City Manager Saunders stated that Meredith Environmental Services was asked to complete electrical work that was not included in the bid specifications for the Hancock Road well pump and pump house. The additional work included materials for painting, additional connections for air release valve, additional piping and muffling which totals $2,014. 96-080 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously to approve the Change Orders with Meredith Environmental Services for additional work to the Hancock well pump and pump house in the amount of $2,014. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 9, 1996 Page 2 Clermont Waterfront Park City Manager Saunders stated that the restrooms at Jaycee Beach were demolished today and the contractor will begin parking lot work soon. He received quotes for beach sand and the best quote was from Jahna Industries, Inc. at $3 per ton. He asked Council approval for the purchase. 96-081 A motion was made by Council Member Dupee, seconded by Council Member Norquist. and carried unanimously to approve the purchase of beach sand from Jahna Industries, Inc. at $3 per ton. Property Purchase City Manager Saunders stated that a section of railroad right-of-way that is adjacent to the old American Aluminum property is needed for the Rails to Trails project. An appraisal may be needed and he asked for approval of obtaining an appraisal. 96-082 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to obtain an appraisal on railroad right-of-way property_ adjacent to the old American Aluminum site. Special Council Meeting and Workshop Meeting Council Members agreed to hold a Special Council Meeting on Tuesday, April 16 at 6:30 p.m. in the City Hall conference room with a Workshop following the Special Meeting. The award of the bid for the new beach restrooms and hardscape will be an agenda item for the Special Council meeting. CITY ATTORNEY BAIRD'S REPORT City Attorney Baird stated he received a request from the family of Mary Hill, a previous Community Development Block Grant participant to release her mortgage. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 9, 1996 Page 3 Mr. Baird explained that Block Grant participants entered into 5-year mortgages that were forgiven if the participant lived in the home for five years or died. Mary Hill signed a note and mortgage three years ago to recondition her home with CDBG funds. She is now in a nursing home and needs the money from her home to support her. He explained that the Grant allows the release of the note and mortgage under special circumstances, and this situation qualifies as a special circumstance, and he recommended the release. 5th Judicial Circuit Court Judge Lockett has approved the sale of her home conditioned upon the release of the CDBG note and mortgage. 96-083 A motion was made by Council Member Sa~ent, seconded by Council Member Cole, and carried unanimously to release the Communi~_ Development Block Grant note and mortgage on Ma~_ Hill's home at 919 Chestnut Street. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported that Springfest and the Business Expo held last weekend in downtown Clermont were the most successful ever. She reported that a Business After Hours will be held Tuesday, April 16 at Clermont Commons on Mohawk Road. The Chamber Breakfast will be held 7:30 a.m. on Friday, April 19 at Jenkins Auditorium, with speaker Sandra Glenn, head of the Tourist Development Council for Seminole County. MAYOR POOL'S REPORT Tree Removal Permits Mayor Pool stated he received a telephone call from Mrs. Joseph Biela, 730 Anderson Street regarding cutting a tree down without a permit. Council Members were concerned that there has not been enough public notice regarding the heavy penalties that are possible if a tree permit is not obtained before removing a tree. City Manager Saunders stated that a compromise involving replacement trees may occur. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 9, 1996 Page 4 Tree City USA Mayor Pool was pleased to announce that Clermont received the Tree City USA designation and Growth Award for 1995. VISITORS WITH BUSINESS John R. Watson - Variance Request City Manager Saunders stated that Mr. Watson is requesting a variance to our lot width requirement for Lot 11, Dazzling Sunset Addition. This is an R-1-A zoned parcel which requires a minimum of 100' at the building setback and Mr. Watson's request is for an 85' lot width. Mayor Pool stated that 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. The following were sworn in by City Clerk Van Zile: John R. Watson Nick Jones 14016 Lake Tildon, Winter Garden, FL 1320 Bowman Street, Clermont, FL Ted Estes stated he represented Mr. John R. Watson. Mr. Estes questioned Mr. Watson concerning the property. Mr. Watson affirmed the following: He is the owner of Lot 11 which is 85' wide at the front property line which fronts 5th Street. The lot is zoned R-1-A. There are multi-family houses nearby on Lake Winona. The request is a lot width requirement of 85' rather than the required 100'. The lot is vacant and will be of no value or economic use without the variance. City Attorney Baird asked Mr. Watson if he purchased several lots in Dazzling Sunset Subdivision on 5th Street and if he felt his hardship was that Lot 11 was unbuildable with a width of only 85'. Mr. Watson stated he purchased lots 1-11, lots 1-10 were 50' lots that he combined into 100' lots, and lot 11 was an 85' wide lot. Mr. Watson stated that in the R-1-A zoning district lot 11 is unbuildable. Mr. Baird asked if the 60' or 65' lots nearby were in a R-1 zoning district. Mr. Watson stated yes. The Clermont Zoning Map and site maps were then entered into the record. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 9, 1996 Page 5 Mr. Watson stated that the property is near homes on lots less than 100' and he didn't think it would be an eyesore to build a home on it because it is located on a curve. He thought it will benefit the City if a house is built on the property. Nick Jones stated he is the present owner of lots 9 and 10. He stated that he would be the most dramatically affected if a house were allowed to be built on Lot 11. He paid $30,000 for the two lots, which he felt was a high price. However, he was aware that Lot 11 was an unbuildable lot which he felt helped to compensate for the high price. He stated he is willing to sell the lots back to Mr. Watson. If the variance were granted allowing a home to be built on Lot 11, it would dramatically affect the value of his lots. Mr. Estes asked Mr. Jones if Mr. Watson ever indicated that Lot 11 was unbuildable and if the other lots were the same price. Mr. Jones stated Mr. Watson did not indicate that Lot 11 was unbuildable and he didn't inquire about the prices of the other lots. City Manager Saunders stated that staff recommends denial of the request. Lot 11 was part of a large parcel purchased by Mr. Watson and in order to make all of the lots buildable lots, the property required re-structuring. Most subdivisions normally have property left over. This is the same request that was considered by the City Council on January 10, 1995 which was denied. Mr. Estes asked Mr. Watson ever attempted to replat the Dazzling Sunset subdivision. Mr. Watson answered that he did not attempt to replat and stated there was not a logical way to divide up Lot 11. He stated that the area contained diverse homes and allowing a home to be built would not have any adverse affects other than wanting a park next door. Mr. Estes stated that Mr. Watson does have a hardship in that he is the owner of Lot 11 which is unbuildable without a variance request being granted. Council Member Norquist asked Mr. Watson if anything had changed since his previous request to Council on January 10, 1995. Mr. Watson stated that other lots had been sold. Planning Director Harker stated that property can be subdivided in any manner and replatting would not be required. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 9, 1996 Page 6 City Manager Saunders stated that the ordinance allows a 50' lot to be built on only if the lot was owned by a single owner in 1970, it can be built on today. Mayor Pool asked if the lot to the south is unbuildable. Mr. Watson stated he had written to the owner in Tampa, but received no reply. Mayor Pool asked Mr. Watson if he had discussed a zone change from R-1-A residential to R-1 residential. Mr. Watson said he had not. City Attorney Baird asked Mr. Watson if City Staff had ever promised him a variance. Mr. Watson stated no. City Attorney Baird stated that the only semblance of a hardship is that the lot to the south of Lot 11 is an odd shaped lot. Council Member Norquist stated that Mr. Watson came before the Council in January of 1995 with the same request. He had options open to him such as combining the lots or rezoning. Mayor Pool closed the public hearing. 96-084 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to deny the lot width variance request to Mr. Watson for Lot 11, Dazzling Sunset subdivision. UNFINISHED BUSINESS Final Reading of Ordinance 304-M City Manager Saunders stated that this ordinance will dose the eastern end of Palm Street. The closing of this was negotiated with the owners of Bell Ceramics and was a part of the property swap agreement entered into by the Council last month. Another parcel owned by Bell Ceramic will be transferred to the City by deed which will allow the new alignment of Palm Street. Mayor Pool read Ordinance 304-M by title only. 96-085 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Ordinance No. 304-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 9, 1996 Page 7 Final Reading of Ordinance No. 307-M Mayor Pool read Ordinance No. 307-M by title only. City Manager Saunders stated that Ordinance 307-M will grant a non-exclusive franchise to operate and maintain cable television service to Strategic Technologies, Inc. The franchise requires STI to provide service to the areas outlined which include the newly annexed areas south of S.R. 50 with the first major customers being the Kings Ridge Development. This franchise agreement will expire at the same time as the other existing cable franchise agreement in the year 2,002. He stated that staff recommends approval. Council Member Sargent asked about Exhibit A and if the franchise was non- exclusive. City Manager Saunders stated that the franchise is non-exclusive. He stated that Exhibit A is a map showing the newly annexed areas which total approximately 1,700 acres. He also stated that the City does not control the rates that are charged to the customers. Robert Rubin, President of Strategic Technologies, Inc. stated the rates are regulated by the FCC, however, their goal is to be below the existing cable carrier. 96-086 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to adopt Ordinance 307-M. NEW BUSINESS Introduction of Ordinance 305-M City Manager Saunders stated that the applicant is requesting to annex 52.48 acres. The property is located on the south side of SR 50 and east of US 27. Mayor Pool read Ordinance No. 305-M by title only. 96-087 A motion was made by Council Member Sargent and seconded by Council Member Cole to introduce Ordinance 305-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 9, 1996 Page 8 Introduction of Ordinance 306-M City Manager Saunders stated that the applicant is requesting to rezone the property that is being considered for annexation under Ordinance No. 305-M from UE Urban Estate to C-2 General Commercial. Mayor Pool read Ordinance 306-M by title only. 96-088 A motion was made by Council Member Sargent and seconded by Council Member Cole to introduce Ordinance No. 306-M. Introduction of Ordinance 308-M City Manager Saunders stated that the applicant is requesting to annex approximately 16.3 acres. The property is located in the northeast corner of Jacks Lake. Mayor Pool read Ordinance No. 308-M by title only. 96-089 A motion was made by Council Member Cole and seconded by Council Member Sargent to introduce Ordinance No. 308-M. Introduction of Ordinance 309-M City Manager Saunders stated that this request is to rezone the 16 acres considered for annexation under Ordinance No. 308-M from UE Urban Estate to R-1 residential. Mayor Pool read Ordinance 309-M by title only. 96-090 A motion was made by Council Member Sargent and seconded by Council Member Cole to introduce Ordinance No, 309-M. Introduction of Ordinance 310-M City Manager Saunders stated that Ordinance No. 310-M will amend the sewer service rate ordinance, amending the base rate for manufacturing facilities. Mayor Pool read Ordinance No. 310-M by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRI~ 9, 1996 Page 9 96-091 A motion was made by Council Member Cole and seconded by Council Member Dupee to introduce Ordinance No. 310-M. There being no further business or discussion, the meeting adjourned at 8:43 p.m. Robert A. Pool, Mayor Attest: