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11-13-1984 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 13, 1984 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, November 13, 1984 in the Council Chambers. The Meeting was called to order by Mayor Beals at 7:30 p.m. with the following Council Members in attendance: Ginny Henry, Hal Turville, and Lester Cole. Council Member Bob Pool was absent. Other City Officials present were: City Manager Forbes, Finance Director Saunders, City Attorney Baird, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Bob Hanford followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held October 23, 1984, the Workshop Meeting held October 30, 1984 and the Special Meeting held November 9, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT YMCA VOLLEYBALL It was reported that the YMCA wanted to use the tennis courts at the Elementary School to play volleyball because there was better lighting at this facility. City Manager Forbes stated that he had no problems with this request and that his only concern would be that the nets which are mounted on poles with tires on the bases might scratch the tennis court surface. He stated he would monitor the situation if the YMCA was allowed to use the courts.After a brief discussion, it was the consensus of the Council to allow this request, on the condition that the school must be notified and their approval obtained. If the nets do scratch the courts, then play would be terminated at that location. EASEMENT ABANDONMENT It was reported that Attorney George Hovis had requested that easements on property owned by John Harder and located across from the Catholic Church be vacated. Mr. Forbes stated that it appeared that the easements were not needed by the City, but that he would have to confer with the City Engineer, the City Attorney and the Utility Director before they could definitely be abandoned. 84-l83After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO VACATE THE CITY'S EASEMENTS ON THE PROPERTY, SUBJECT TO THE APPROVAL OF THE CITY ENGINEER, CITY ATTORNEY AND UTILITY DIRECTOR. VEHICLE ACCIDENT It was reported that a 1983 Dodge Patrol Car with 93,000 miles was involved in an accident and that it would cost $2,402.59 to repair. It was recommended that the City take this amount of money from the insurance company and sell the car as salvage to the highest bidder from local junk yards. Council Member Turville stated that the City should establish a minimum price for the salvage value. It was the consensus of the Council to sell the 1983 Dodge Patrol car as salvage, with bids for the vehicle will be brought before Council for approval. . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 13, 1984 Page -2- AS TECH PROPERTY It was reported that the Astech property near West Beach was for sale. Council Members were asked to drive by and determine if it was worth buying for additional beach property. BAPTIST CHURCH REQUEST It was reported that the Baptist Church had requested to use all of the folding chairs from Jenkins Auditorium for its "Christmas Under The Stars" Program to be held on December 22nd and 23rd. It was the consensus of the Council to allow this request. DER RERATING OF THE TREATMENT PLANT It was reported that the Department of Environmental Regulation had approved the City's request to rerate the capacity of the Waste Treatment Plant from 600,000 to 700,000 gpd. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL It was reported that Ann Dupee, City Liaison to the ECFRPC, had reported that the Office of Planning and Budgeting of the Council wished to change its boundaries to include Lake County with Volusia, Flagler, Putnam, Marion and Sumter Counties as RPC "6". Other counties in the current region would be separated into two other regions, RCP "8" and "10". After a brief discussion, it was the consensus of the Council to keep the current ECFRPC boundaries which include Lake, Orange, Vousia, Seminole, Brevard and Osceola Counties because Lake County is more closely tied to these counties than those mentioned above. ENVIRONMENTAL PROTECTION AGENCY It was explained that in order to change the implementation schedule for the construction of the expansion of the Waste Treatment Plant, an amendment to the grant for this construction was required by the EPA. It was further explained that if the amendment was not signed, the City could lose all or part of the grant. It was the consensus of the Council to have the Mayor sign Amendment No.2, dated November 8, 1984. PUBLIC WORKS DEPARTMENT REQUEST TO PURCHASE A CREW CAB It was reported that the Public Works Director wished to purchase a crew cab truck for his department which was in this year budget, and that he has located a 1984 Chevrolet Crew Cab and Chassis from the State Contract Dealer in Tampa for $10,043. The truck does not meet the City's specifications in that it has a V-8 engine instead of the six cylinder engine specified. It was discussed that this truck would use more gas than one with a six cylinder engine and that the dual rear wheels which were not really needed. It was the consensus of the Council to wait for the 1985 State Contract before making the requested purchase. MAYOR'S REPORT Mayor Beals reported that he be sworn in and take office as a Member of the Lake County School Board on November 20, 1984. It is against State Statute to have overlapping terms, and Mayor Beals asked that he be allowed to swear in the new Mayor and Council Member during the second meeting of November. It was the consensus of the Council to do so. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 13, 1984 Page -3- VISITORS WITH BUSINESS RESOLUTION NO. 483 - FIRST UNITED METHODIST CHURCH REQUEST FOR CUP Mayor Beals reported that the First United Methodist Church located at Seventh and Broome Streets had requested a Conditional Use Permit in order to conform with the R-3 Zoning District (Churches are a condi- tional use in a R-3 Residential Professional Zone), and insure that there would be no problems with the interior remodeling planned for the Neighborhood Center adjacent to the main building. It was further reported that at the November 6, 1984 Planning and Zoning Commission Meeting (P&Z), the P&Z unanimously recommended approval of this request. Mr. Oakley Seaver from the Board of Trustees of the Church stated that it was his understanding that if the CUP was granted, the Church would not have to come back and request additional Conditional Use Permits for remodeling and asked that the Council grant the Church's request. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the request. 84-l84After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 483 GRANTING A CONDITIONAL USE PERMIT TO THE FIRST UNITED METHODIST CHURCH FOR REMODELING OF THE NEIGHBORHOOD CENTER. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, COLE AND TURVILLE; AYE AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 484 - QADIR KHAN - REQUEST FOR CUP - THE NW CORNER OF THE INTERSECTION OF HIGHWAY 27 AND MONTROSE STREET Mayor Beals reported that Mr. Kahn had requested a CUP to allow a small shopping center and manufacturing facility in the C-2 General Commercial Zone at this location, and that both were conditional uses in this zone. The zoning ordinance states that manufacturing is allowed in a C-2 District if it is in conjunction with retail sales and employs no more than five people. Mr. Khan will be custom making furniture and doing cabinetry work, and will have a showroom in the same building. It was further reported that at the November 6, 1984 P&Z Meeting, the Com- mission unanimously recommended approval of this request. Mr. Kahn who was present in the audience simply stated that he hoped the Council would grant his request. Mayor Beals asked for comments from those present in the audience and no one spoke for or against Mr. Kahn's request. 84-l85A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 484 GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH A SMALL SHOPPING CENTER IN THE C-2 GENERAL COMMERCIAL ZONE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE AND HENRY; AYE AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 485 - BOB WADE REQUEST FOR CUP FOR CLAY EXCAVATION Mayor Beals reported that Bob Wade had requested a CUP to allow a clay mining operation on his recently annexed property east of Jack's Lake. The County had already granted a CUP for part of Mr. Wade's property just east of the City Limits for the same purpose. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 13, 1984 Page -4- The Planning and Zoning Commission unanimously recommended approval of this project at its November 6, 1984 meeting. Mayor Beals called for comments from those present in the audience. Mr. Steve Batchelor whose property abuts the proposed excavation site spoke against the request on the basis that it is and would be detri- mental to his property due to the heavy machinery shaking his home and the excavation behind his home would leave his property 40' higher than the Wade property being excavated. He continued that Summit Resources (the company doing the excavating) had not honored its agree- ment with the County. He also stated that he had a petition with eleven signatures from people living within the City Limits who opposed the excavation work. Buck Evans, a Member of the Planning and Zoning Commission, who was not present at the November 6, 1984 Meeting stated that he was opposed to the request because it is a mining operation and the clay extraction will change the water flow to the lower part of Jack's Lake. William Carrier stated that he was opposed to the request, and wanted to know exactly what was being dug out. He was given a copy of the Mr. Wade's site plan. Mr. Bob Wade and Mr. Willard Hoebeck both explained that the work being done on the property was site preparation work to bring the land down to grade. Mr. Wade stated that the slope of the property would be one- half of that at the Ford Dealership building, and that there would be no ingress or egress from the excavation site through the lake bed. A contour map and an slope excavation site plan were passed out. Council Member Turville stated that he was opposed to a mining operation in a R-l-A Zone, and that this request did not meet the criteria stated in the zoning ordinance to grant approval of this use. Mayor Beals stated that the Planning and Zoning Commission had asked that a proximity map and aerial map be presented to Council, but that this request had not been honored. Mr. Hoebeck stated that he felt that the maps he gave out covered the Planning and Zoning Commission's request. 84-l86After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND CARRIED BY A THREE TO ONE VOTE TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT FOR CLAY EXCAVATION FROM PROPERTY IN A R-l-A ZONE. COUNCIL MEMBERS TURVILLE AND HENRY, AND MAYOR BEALS VOTED AYE; AND COUNCIL MEMBER COLE VOTED AGAINST THE DENIAL. THE RESOLUTION WAS READ BY TITLE ONLY. VARIANCE REQUEST FOR LOT 9, LAKE HIGHLAND ESTATES Mayor Beals reported that Lot 9 of Lake Highland Estates is zoned R-l-A, and Mr. Ron Thompson requested a lot width variance from the 100' required to 90'. All setback requirements could be met and the lot has approximately 13,272 square feet, whereas only 10,000 square feet are required. Mayor Beals called for comments from those present in the audience, and Mr. Clark Work presented the Council with a letter from Catherine Rathwick favoring the requested variance. Mr. Work also lives within 150' of the lot, and stated that he too favored the request. 84-l87A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THE LOT WIDTH VARIANCE REQUEST FROM THE 100' FEET REQUIRED TO 90'. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 13, 1984 Page -5- REQUEST FOR VARIANCE - 550 EAST BROOME STREET Mayor Beals reported that Mr. Willard Smith had requested a variance in order to construct a home in a R-l Residential Zone with a living area of only 683 square feet whereas, 1,000 square feet are required. He wishes to build this home as an investment and lease it for about $325 per month. The lot also is substandard, but it has been in a single ownership since before September of 1968, and is grand fathered and can be used as a building site. The lot is substandard in that it is only 50' wide, whereas 75' is required in this zone. All other aspects of the lot and building setbacks will conform with the zoning ordinance. When asked why he didn't want to build a 1,000 square foot house, Mr. Smith stated that the area where the house was being built could not command the rent he would have to charge for a house that size. He also felt the width of the lot would not accommodate the larger house and have it look right. A letter from John and Rosena Wootson was read stating that they did not object to Mr. Smith's request. Council Members Turville and Cole both expressed there belief that the house was just too small and granting such a request could set a poor precedent for other lots in Clermont. Both Council Members agreed that the area could use new housing, but the zoning ordinance does not address individual neighborhoods. 84-188 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO DENY THE VARIANCE REQUEST. FINAL READING OF ORDINANCE 243-C, AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES. This proposed ordinance would amend Chapter 3, Section 3-3 of the City ordinance on licensing vendors near schools or churches. It clarifies the ordinance by stating that no license can be granted to any person for the on-site consumption of alcohol within 500' of a church or school. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed ordinance. 84-189 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 243-C AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, HENRY AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. CHANGE ORDERS 6 & 7 FOR SPRAYFIELD IMPROVEMENTS. Mayor Beals explained that the City's sprayfield for treated effluent had been used since January, but we still have not closed out the project. Change Orders 6 & 7 would allow the City to complete the improvements. CHANGE ORDER NO.6: It decreases the total contract price with Russell Daniel Irrigation by $1,840.95. This is the amount of extra inspection time the City Engineers were required to spend on the project and the contractor will pay this cost. CHANGE ORDER NO.7: This change order consists of seven items, some of e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 13, 1984 Page -6- which increase the contract price and others which decrease it. However, the net change in the contract price would be an increase of $14,174.17, most of which is for the installation of electric valves for the booster pumps and for the extra time required installing a 12" force main under Highway 50. 84-l90After a brief discussion, a A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPROVE CHANGE ORDERS #6 & 7 IN THE AMOUNTS OF $1,840.95 AND $14,174.17 RESPECTIVELY. NEW BUSINESS INTRODUCTION OF ORDINANCE l68-M, REZONING OF LOTS 20 & 21, BLOCK 2, HOMEDALE SUBDIVISION. It was explained that Fred Anna Magee has operated The Pink Pig as a store at 797 Bloxam Avenue for many years. The store is located in an R-3 Residential Professional Zone, which makes it a nonconforming use. The owners wish to change the use to a beauty shop, which would be a change of use, not allowed under the ordinance. The property adjoins a C-l Light Commercial Zone, and the request is to rezone this property to C-l, which would permit the beauty shop, as well as other light commercial enterprises. 84-l9lA MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE l68-M WHICH WOULD REZONE LOTS 20 AND 21, BLOCK 2, HOMEDALE SUBDIVISION. PLAT APPROVAL - LAKEVIEW HILLS PHASES II & III. City Manager Forbes explained that he would recommend approval of Lakeview Hills Phases II and III as submitted by the Savannah Corpora- tion based upon: 1. No building permits will be issued until all improvements are installed and accepted by the City. 2. No lots will be sold (other than contracts for deed) until all improvements are accepted by the City. 3. All required improvements will be completed within twenty-four months. 4. A title opinion is given along with an affidavit stating that there are no mechanics' liens against the property and that all taxes have been paid. 5. The exact dimensions will be placed on all of the lots with beachfront property, as directed by the City Engineer. A letter from John Springstead, City Engineer, was read recommending approval of the plat. 84-l92After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO APPROVE LAKEVIEW HILLS PHASES II & III SUBJECT TO THE FIVE ITEMS LISTED ABOVE. RESOLUTION NO. 486 - VACATION OF PART OF THE PLAT OF INDIAN HILLS Mayor Beals explained that this vacation was requested in order to allow the consideration of a new plat to be known as Hazelwood Subdivision. Part o~ the, new subdivision will be platted over the two-block portion of Ind1an H1lls requested to be vacated. The streets in this part of e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 13, 1984 Page -7- the subdivision were closed many years ago, but never officially vacated. Appendix "A" attached to the resolution describes the prop- erty to be vacated. 84-l93After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 486 WHICH VACATES A PORTION OF INDIAN HILLS SUBDIVISION AS DESCRIBED IN ATTACHMENT "A" OF THE RESOLUTION. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, COLE AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. PUBLIC HEARING - PRELIMINARY PLAN, HAZELWOOD SUBDIVISION A preliminary plan of the Hazelwood Subdivision was presented. Mayor Beals called for comments from thos present in the audience and no one spoke for or against the preliminary plat. City Manager Forbes explained that in order to provide for a better located park area in the plat, the City could trade a small 19' wide by 60' long parcel of property which is part of the City's Seminole Well property for a larger park area within the subdivision. City Attorney Baird explained the procedure for this type of transaction, and City Manager Forbes asked the Council if they agreed with the land exchange idea. 84-l94After a brief discussion of the proposed land swap, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO SWAP THE 19' WIDE BY 60' LONG PARCEL OF LAND WHICH IS PART OF THE CITY'S SEMINOLE WELL PROPERTY, AND IN RETURN THE DEVELOPERS WOULD DEDICATE AN AREA FOR A PARK EQUAL TO 5% OF THE TOTAL LAND AREA OF THE SUBDIVISION PLUS A PARCEL EQUAL TO 1,140 SQUARE FEET (19'X60'). Lawson Wolfe, one of the developers, stated that he did not mind dedicating property to the City as long as adequate recreation facilities were constructed on the parcel. FIRE PROTECTION AGREEMENT WITH LAKE COUNTY A copy of the Mutual Fire Protection Agreement between the City and County was given to all Council Members. It was explained that this agreement would protect the City should its fire department respond to any fires outside the corporate limits. The City's present policy is not to respond to any calls outside of the corporate limits, unless it involves mutual aid to another fire department or saving a life. Council Member Turville stated that it would be prudent for the City to sign the agreement because we needed to be covered for liability. City Manager Forbes was instructed to write the County a letter stating that by signing the agreement, the City would not be agreeing to provide fire protection in the County and it would not change the City's existing policy. However, it would protect the City if we respond to any fire in the County that meets the present policy. It was further reported that the Fire Chief was investigating the possi- bility of providing part of the County with fire protection, and once the boundaries of the area and revenues for protection were determined, the Council could make a final decision on this matter. 84-l95A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO SIGN THE MUTUAL FIRE PROTECTION AGREEMENT WITH LAKE COUNTY. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 13, 1984 Page -8- RESOLUTION NO. 487 - SERIES 1970 WATER AND SEWER REVENUE BOND REDEMPTION Finance Director Saunders reported that he had received a call from the Bond Trust Company that afternoon, and was told that Resolution No. 487 was not needed. He then asked Council permission to direct the Trust Company to payoff the 1970 Series Water and Sewer Revenue Bonds as stated in the 1972 Bond Resolution. 84-l96A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO HAVE MR. SAUNDERS DIRECT THE TRUST COMPANY TO PAY OFF THE 1970 SERIES WATER AND SWER REVENUE BONDS AS STATED IN THE 1972 BOND RESOLUTION. SERIES 1982 WATER AND SEWER REVENUE BONDS City Manager Forbes explained that the City had obtained financing for the waste treatment plant expansion and is now in a position to redeem the 1982 Water and Sewer Bonds that were necessary to install the spray- field. The City obtained a $500,000 grant and $700,000 loan at 11.375% interest over 40 years for this project. A copy of a letter dated November 7, 1984 from the City Attorney was given each Council Member explaining the procedure to redeem the bonds. Mr. Forbes emphasized that the early redemption had to be approved by the FmHA and that the letter could not be sent until the sprayfield project was closed out. Monies to redeem the bonds would come from the following sources: $400,000 from the Capital Improvement Fund and $300,000, plus interest to date, from General Fund Reserves. 84-l97After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO PAYOFF THE SERIES 1982 WATER AND SEWER REVENUE BONDS UPON COMPLETION OF THE SPRAYFIELD PROJECT AND APPROVAL OF THE FARMERS HOME ADMINISTRATION. PURCHASE OF SEWER SYSTEM SAFETY EQUIPMENT It was reported that Utility Director Davis had received quotes for two different types of rescue systems and had recommended the purchase of the Rollgliss Industrial Rescue System for $1,800. Funds for the purchase are in the budget. 84-l98A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPROVE THE PURCHASE OF THE ROLLGLISS INDUSTRIAL RESCUE SYSTEM IN THE AMOUNT OF $1,800. WORKSHOP City Manager Forbes stated that he would like to have a Workshop Meeting at 7:00 p.m., November 20th in the City Hall Conference Room to discuss the waste treatment plant expansion. It was the consensus of Council to hold the meeting. There being no further business, meeting adjourned at 9:20 p.m. ATTEST: ~ SAUNDERS, CITY CLERK