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02-11-1986 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 11, 1986 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, February 11, 1986 in the Council Chambers. TQe meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Council Member Dupee, Council Member Huff, Council Member Cole and Mayor Pro Tem Turville. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Brandt. INVOCATION The Invocation was given by Mayor Pro Tem Turville followed by the repeating of The Pledge of Allegiance to the Flag by all present. REPORTS CITY MANAGER'S REPORT FLORIDA FRESH WATER FISH AND GAME COMMISSION As directed during the previous Council Meeting, City Manager Saunders reported that he had contacted the commission and that they would be conducting a study of the fish population in the Clermont Chain of Lakes this summer. In the spring 75,000 bass fingerlings will be released in the chain of lakes, which should help the fish population even though the survival rate for bass fingerlings is only 5%. CYSTIC FIBROSIS BIKE-A-THON It was reported that a letter had been received from Jo Cunningham requesting permission to hold the Cystic Fibrosis Bike-A-Thon on Sunday, March 16, 1986, from 1:00 - 4:00 p.m. Several of these events have been held in the past and were a great success. It was the consensus of the Council to grant the request. COUNCIL MEMBER DUPEE'S REPORT CLERMONT HOTEL Council Member Dupee inquired about the status of the Clermont Hotel, and Mayor Pool stated that he believed that eight townhouse units would be constructed on the property. MAYOR POOL'S REPORT CHAMBER OF COMMERCE BANQUET Mayor Pool complimented the Chamber for the excellent banquet and the fine job that has been done during the past year. Fred Sommer, who was named Man of the Year by the Chamber was also praised for his hard work in bringing the Great Clermont Triathlon to the City. NEW BUSINESS JACOB'S CHAPEL BAPTIST CHURCH - REQUEST FOR CONDITIONAL USE PERMIT Mayor Pool asked if' there was anyone present who would speak on behalf of the Church concerning the request. A gentleman who identified him- self as a Deacon in the Church stated that he hoped the request would be granted. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 11, 1986 Page -2- Mayor Pool called for comments from those present in the audience, and no one spoke for or against the request. City Manager Saunders explained that the Church was requesting a Conditional Use Permit in order to construct a 12' x 6.5' addition for two bathrooms in the Education Building. It was further explained that the Planning and Zoning Commission at its meeting held on February 4, 1986, had recommended approval of the request with Condition #4 being amended to read "All applicable rules and regu- lations must be met, including final site plan approval. A water re- tention swale must be constructed along the north boundary as shown on the original site plan approved for the construction of the Church". Mr. Saunders continued by stating that the retention area was needed to handle runoff from the Church parking lot and prevent any further erosion on the north side of the building. 36-033After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 518 GRANTING A CONDITIONAL USE PERMIT TO JACOB'S CHAPEL BAPTIST CHURCH FOR THE CONSTRUCTION OF A SMALL ADDITION TO THE CHURCH . . VOTING WAS AS FOLLOWS: COUNCIL MEMBERS DUPEE, HUFF, COLE AND TURVILLE, AYE AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. ORDINANCE l77-M - AMENDMENTS TO THE CITY OF CLERMONT COMPREHENSIVE PLAN AND FUTURE LAND USE MAP It was explained that this would be the first of two Public Hearings for requests to amend the City of Clermont Comprehensive Plan and Future Land Use Map. Twelve requested and/or staff proposed amendments have been received and are listed in the ordinance. The final public hearing will be held March 25, 1986, with voting at that time. ~6-034A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER HUFF TO INTRODUCE ORDINANCE 177-M IN ITS ENTIRETY. Mayor Pool then called for comments from those present in the audience. TOM DAUGHERTY: Tom Daugherty, Attorney for William Favuzza, spoke concerning Item #2 of the ordinance. Mr. Daugherty explained that his client wished to construct multi-family residences on the property with a density of twelve units per acre. The property is located in an ERD-7 area which allows only eight units per acre, and Mr. Daugherty requested that the allowable density be changed to twelve. Concerning his own property, Mr. Daugherty stated that Item #4 is requested to allow professional offices to be built on this property which is to the south of his existing office. Mr. Daugherty opposed Item #12 and that his present law office was located in EBD-2 which allows professional offices, but the proposed change would place the property in NED-5 which has no provisions for offices. In conclusion, Mr. Daugherty stated that he believed the area was not being developed as residential, but as commercial. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 11, 1986 Page -3- BOB WADE: Mr. Wade appeared before Council and stated that plans for his prop- erty located west of Grand Highway and north of Highway 50 had changed, and that in order to develop the land to its highest and best use, the higher density of twelve units per acre was needed. (Reference Item #8 in the ordinance). ROBERT RENFROW: Mr. Robert Renfrow, an Attorney representing National Church Homes of Lake County, appeared before Council (Reference Item #9 in the ordinance) to request that a special district (SHD-l) be c~nsidered by Council in the ERD-7 area which would allow National Church Homes to construct a 46 unit home for the elderly and handicapped. . Without a density of 12 units per acre, it would not be feasible to construct the project under the requirements of the ERD-7 area. Mr. Renfrow urged the Council Members, if they had not already done so, to visit one the completed National Church Homes projects in either Orlando, Ocala or Lakeland. Mayor Pool stated that he have visited the Orlando Cloisters, a 101 unit, ten story development. Mr. Renfrow also gave each Council Member a new proposed site plan for the property. NICK JONES: Mr. Jones explained that he felt his property had been inadvertently left out of Item #3 under Permitted Land Uses for area designated ERD-2 which allows Professional Offices in limited areas, and wished to have it included. (Reference Item #5 in the ordinance). Nick Jones, Joe Washuta and Tom Dougherty all expressed their concern with problems in the process of amending the comprehensive plan. Although the City met all state requirements concerning advertising the changes to and adoption of the Comprehensive Plan and Future Land Use Map, each individual felt they should have been personally notified of the proposed changes to their respective prop~rties. They also expressed their discontent with having to pay a $50 fee to file for an amendment to the plan, particularly if they had nothing to do with the initial change. JAY VANDER MEER: Jay Vander Me~r stated that the former City Manager had assured him that none of his property would be changed by the adoption of the Future Land Use Map. However, property he owns south of the Citrus Tower, because of the new density and use requirements, will have to be rezoned fro~ C-2 to R-2 in order to conform. Mr. Vander Meer stated that he wished his property to remain commercial because development in the area is commercial, not residential, and that no legitimate reason has been given for the change. It was further stated by Mr. Vander Meer that if the Comprehensive Plan is changed and that change destroys a man's plans for his prop- erty, it is unfair, ,and generally people will think the City is using the Comprehensive Plan to change zoning and create densities which are too small for certain areas (as in his case). He concluded by stating that he believed that the City should pay the property owner the dif- ference in property values resulting from zoning changes. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 11, 1986 Page -4- Mayor Pool explained that due to the steep slope on many properties, it was recommended by the City Engineer that the densities be lowered in those areas. JOHN FLEMING: Mr. Fleming stated that because of the recent changes, he was now unable to develop property he bought in September in the manner he was lead to believe by a local real estate agent. He stated that he felt this was unfair and that he should have been personally notified of the changes. CLIFF BAILEY: Mr. Bailey stated that he felt the $50 charge to apply for an amendment to the Comprehensive Plan was totally unfair. BID AWARD - CONSTRUCTION OF A STORM DRAINAGE SYSTEM NEAR WILLIAMS STEEL It was reported by City Manager Saunders that the City had received two bids to relocate and construct a larger storm drain from Juniata Street, south to Highway 50, on the City easement running between the Williams Steel and Lawson Plumbing properties. The existing storm drain is too small and runs beneath one of Williams Steel's buildings. $16,000 had been budgeted for this project. The City Engineer has recommended that the low bid of $14,869 from Paquette Paving Company be accepted for this work. It was questioned why the City only-received two bids for the project. City Manager Saunders explained that this was the second time bids were let for the project. No bids were received the first time. Bid- ding may have been hampered due to the size of the prject. 86-035A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF $14,869.00 FROM PACQUETTE PAVING COMPANY FOR THE RELOCATION OF THE STORM DRAIN ON THE CITY EASEMENT RUNNING BETWEEN THE WILLIAMS STEEL AND LAWSON PLUMBING PROPERTIES. CHANGE ORDER #1 - SEMINOLE WELL HOUSE PROJECT City Manager Saunders explained that the change order was being requested due to additional work required that was not part of the original contract, as explained on the Change Order form submitted by Creative Company, Inc. It was further explained that the additional work involved would cost $3,235.26, bringing the contract price to $32,818.26. The original budget for this project was $35,000. A budget amendment for the $3,235.26 with payment coming from the Improvement, Repair and Replacement Fund would be needed. 36-036After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT A BUDGET AMEMDMENT FOR CHANGE ORDER #1 FOR THE SEMINOLE WELL HOUSE PROJECT IN THE AMOUNT OF $3,235.26, WITH PAYMENT COMING FROM THE IMPROVEMENT, REPAIR'AND REPLACEMENT FUND. PUBLIC COMMENTS COMPREHENSIVE PLAN AND FUTURE LAND USE MAP City Attorney Baird stated that he believed that many of the people who spoke tonight had a legitimate complaint concerning not being personally notified c~ncerning the proposed amend~ents to the Compre- e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 11, 1986 Page -5- hens,i ve Plan and Future Land Use Map. Mr. Baird then suggested that the City should send a letter to all those people affected by lthe changes before the final March 25, 1986 hearing. 86-037A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO SEND LETTERS TO ALL PROPERTY OWNERS AFFECTED BY THE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN AND FUTURE LAND USE MAP. Much discussion concerning this recommendation ensued. It was brought out that, such an undertaking would be very difficult for the' present City Staff to handle. City Manager Saunders stated that if the Council wished to do this, additional part-time help would needed and and additional equip- ment rented in order to send out over 2,000 letters Citizen input from Jay Vander Meer, Don Smith, Cecil Smart and Tom Daugherty included suggestions for letters being sent to only those directly affected, letters being sent to only those whose property was being downgraded by any changes, colored maps denoting the pro- posed changes being published in the local newspapers, and notices being published with the legal description and exact location of the properties. 36-038After some further discussion, COUNCIL MEMBER COLE WITHDREW HIS SECOND TO THE MOTION AND COUNCIL MEMBER TURVILLE WITHDREW HIS MOTION. It was the consensus of Council to place advertisements in the local newspapers including a map showing the location and the changes being proposed for each of the twelve proposed amendments to the Comprehensive Plan and Future Land Use Map. There being no further business, the meeting adjourned at 9:00 p.m. & a /?6C~ R6bert A. Poo , Mayor Attest: ~-;11fn E. an ~~CitY Clerk . -