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09-11-1984 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 11, 1984 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, September 11, 1984 in the Council Chambers. Mayor Beals called the Meeting to order at 7:30 p.m. with the following Council Members in attendance: Council Member Turville, Council Member Cole, Council Member Henry, and Mayor Pro Tem Pool. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Reverend Lee Bullard followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held August 28, 1984 and the Special Meeting held September 4, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT COMPREHENSIVE PLAN Each Council Member was presented a copy of the City's Evaluation and Appraisal Report on the Comprehensive Plan which was prepared according to Section 163.3191, Florida Statutes, one copy of the revised Comprehensive Plan and the one presently being used. State Law requires the Plan to be reviewed every five years, and the City's Planning and Zoning Commission has been working diligently over the past few months to complete and present the revised Plan to Council. City Manager Forbes asked that the Council accept the Evalution and Appraisal Report so that it could be sent to the appropriate State and County Offices for their review, prior to adoption. 84-140 A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ACCEPT THE REVISED COMPREHENSIVE PLAN. JACK'S LAKE STREET CLOSING City Manager Forbes requested Council direction on a proposed Jack's Lake Street Closing requested by John York. It was the consensus of the Council to send a letter to the County requesting that the street not be closed at this time. The Council believed that the property may be needed by the City at a later date as the area develops. If the property is not needed in the future, the closing could be reconsidered at that time. FINANCE DIRECTOR SAUNDER'S REPORT Finance Director Saunders asked that his report be deferred until after the Budget Hearing portion of the Agenda. It was the consen- sus of the Council to do so. VISITORS WITH BUSINESS BOB WADE - REQUEST TO EXTEND WATER LINE It was reported that Bob Wade had requested permission to install a temporary water line from the meter located on the southern edge of his property (next to Quincy's property and south of Highway 50) ~ e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 11, 1984 Page -2- to a cabin he owns northeast of the existing meter. ,A map showing the path of the proposed water line was presented to the Council, and indicated that the line would run north from the meter and then east between the two parts of Jack's Lake. Council Member Pool asked how the temporary water line was going to be constructed between the two lakes. Council Member Turville stated that he thought the temporary line should run parallel to Highway 50 and then directly north to the cabin. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER POOL TO ALLOW THE TEMPORARY WATER LINE IF IT WAS CONSTRUCTED RUNNING PARALLEL TO HIGHWAY 50 AND THEN GO DIRECTLY NORTH TO THE CABIN. After this motion was made, Council Member Turville asked that the motion be recinded because he wished to change the wording. COUNCIL MEMBER POOL WITHDREW HIS SECOND TO THE MOTION AND COUNCIL MEMBER TURVILLE RECINDED THE MOTION. Council Member Turville explained that it was his intent to keep the line from running between the two parts of Jack's Lake. After some 84-l4lfurther discussion, A Mo.TION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ALLOW THE INSTALLATION OF A TEMPORARY WATER LINE FROM THE EXISTING METER TO MR. WADE'S CABIN. THE TEMPORARY LINE MUST RUN PARALLEL TO HIGH- WAY 50 THEN NORTH TO THE CABIN. THE PIPE MUST BE INSTALLED AT THE OWNER'S EXPENSE AND CAN PROVIDE WATER TO ONLY THE EXISTING CABIN. IF ONE MORE BUILDING IS CONSTRUCTED ON THE PROPERTY, THE PROPERTY MUST BE SUBDIVIDED AND UTILITIES INSTALLED ACCORDING TO CITY STANDARDS. THOMAS FREE - VARIANCE REQUEST FOR REAR AND SIDE YARD VARIANCES AT 1171 LAKEVIEW. Mr. Free appeared before Council to explain that he had recently purchased this property at 1171 Lakeview Drive. While he was working on the home, his brother built a nine foot high, 12' x 12' storage shed in the rear yard. The shed, if it remains in its present location, violates the City's rear and side yard setback requirements and the shed height requirements. Mr. Free further explained that he was ignorant of the fact that a permit was needed to construct the shed. He also explained that he had contacted several companies to see if the shed could be moved from its present location, and was informed that moving equipment could not be brought in because of the trees and location of his neighbors homes. He concluded by saying that he had contacted his neighbors and they did not object to the shed. He stated that the shed would be covered with aluminum siding if it was allowed to remain. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the request. Council Member Turville stated that if the shed had been 10' x 10', it could have been built 30" from the rear lot line. Council Member Pool stated that he had looked at the shed, and saw that it could not be moved. He agreed that it would look better with siding. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 11, 1984 Page -3- 84-l42A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THE REQUESTED VARIANCES TO ALLOW THE STORAGE SHED TO REMAIN IN ITS PRESENT LOCATION. VARIANCES FROM THE REAR YARD REQUIREMENT OF 25' TO 19.5', FROM THE SIDE YARD RE- QUIREMENT OF 7.5' TO 6', AND THE HEIGHT REQUIREMENT FROM 7' TO 9' WERE GRANTED. SHERRILL TURNER - REQUEST FOR LOT WIDTH AND SIZE VARIANCE Mr. Fred Plummer, Mr. Turner's representative, appeared before Council to explain Mr. Turner's request. Mr. Turner owns ten lots in Hillcrest Subdivision. Some of these lots are zoned R-l Single Family Residen- tial and others R-2, which allows duplex residences to be built. Lot 21 is the only lot facing East Avenue which is zoned R-l. Mr. Turner was denied a zoning change for this lot, but now wishes to build a single family home on Lot 21. Mr. Plummer further stated that the proposed home would meet all of the City's setback requirements. City Manager Forbes pointed out that it would not, however, meet the square foot area and lot front footage requirements. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the variance request. Council Member Turville stated that at the time of Mr. Turner's rezoning request, he wanted the property to be R-3 and this was denied. Mayor Beals stated that he believed that Mr. Turner created his own problem when he built the two duplexes instead of three. Further discussion revealed that three duplexes could not have been built on the property because the square foot requirements could not have been met no matter what was done since there was only three lots zoned R-2 which contained just enough area for two duplexes. Lot 21 was left zoned R-l, but that could not be built upon without a variance. 84-l43After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A THREE TO TWO VOTE TO GRANT A LOT WIDTH VARIANCE FROM THE 75' REQUIRED TO 50' AND A LOT SIZE VARIANCE FROM 7,500 SQUARE FEET TO 6,250 SQUARE FEET. MAYOR BEALS AND COUNCIL MEMBER TURVILLE VOTED NAY. DAN BOONE - REQUEST FOR VARIANCE FROM SUBDIVISION REGULTIONS Mr. George Hovis, Attorney representing Mr. Boone, appeared before Council to explain the request and answer any questions the Council might have. A history of the property was given and Mr. Hovis explained that Mr. Boone wished to replat his property and call it Lots 1 and 2 of Boone's Replat. Lot 2 is substandard since it meets neither the lot width nor the square foot requirements of the Subdivision Regulations. Mr. Boone is requesting a variance from these requirements so he can include the lot in the replat. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the variance request. 84-144 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT MR. BOONE'S VARIANCE REQUEST ALLOWING LOT 2 TO HAVE A LOT WIDTH OF 99.22', WHEREAS 100' ARE REQUIRED AND A LOT AREA OF 8,891 SQUARE FEET, WHEREAS 10,000 SQUARE FEET ARE REQUIRED. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 11, 1984 Page -4- GEORGE HOVIS REQUEST TO SURRENDER LEASE TO CITY Mr. Hovis appeared before Council to explain that he would be leasing office space at North Carolina National Bank on Highway 50, and would like to either sublease his office at City Hall or surrender his lease back to the City effective October 1, 1984. Mr. Hovis further stated that he would be willing to pay two or three months rent after October 1st until the City found another tenant. 84-l45After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ALLOW MR. HOVIS TO SURRENDER HIS LEASE EFFECTIVE JANUARY 1, 1985, UNLESS THE CITY FINDS ANOTHER TENANT BEFORE THAT DATE. OLD BUSINESS ORDINANCE l63-M, REZONING FROM R-3 TO C-2, POSTAL COLONY Mayor Beals explained that this request was being made by Postal Colony in order to eliminate an enclave which was created when Asbury Floyd's property at 858 West Minneola Avenue was rezoned. The property to the west of the 40' R-3 strip is zoned C-l and the property to the east C-2jCBD. Postal Colony wishes the property to be zoned C-2jCBD because it is currently being used as such. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the rezoning request. 84-l46A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l63-M REZONING THE EAST 40' OF LOT 10, BLOCK 93 FROM R-3 TO C-2jCBD. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, COLE, AND TUR- VILLE, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE l64-M, REZONING FROM R-l-A TO R-l, INLAND GROVES Mayor Beals explained that Inland Groves Corporation requested that property it owns at the northwest corner of Twelfth Street and Minnehaha Avenue be rezoned from R-l-A to R-l Single Family. Both of these zoning classifications allow only single family homes. However, the R-l-A zoning requires a minimum lot area of 10,000 square feet per residential unit, whereas theR-l zone requires 7,500 square feet. Questions from the audience were asked regarding square foot and frontage requirements if the existing streets go through. Florence Pool, representative of Inland Groves Corporation, explained that if the request was granted, the property would have to be replatted to conform with the City's Zoning Ordinance. Mayor Beals stated that the lots must have 75' of frontage. 84-147 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE TO ADOPT RESOLUTION NO. l64-M REZONING THE INLAND GROVES CORPORATION PROPERTY LOCATED AT THE NORTHWEST CORNER OF MINNEHAHA AVENUE AND TWELFTH STREET FROM R-l-A TO R-l. THE ORDINANCE WAS READ BY TITLE ONLY. COUNCIL MEMBER POOL ABSTAINED FROM VOTING BECAUSE HE OWNS ONE SHARE OF STOCK IN THE INLAND GROVES CORPORA- TION. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, AND HENRY, AYE; AND MAYOR BEALS, AYE. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 11, 1984 Page -5- NEW BUSINESS INTRODUCTION OF ORDINANCE l67-M, REZONING FROM R-lA TO R-3, G&O GROVES It was explained that G&O Groves has requested to rezone approximately 18 acres of land from R-lA Single Family Residential to R-3 Residential Professional. The property is located north of Seminole Street and south of Emerald Lakes Mobile Home Park. 84-l48A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER POOL TO INTRODUCE ORDINANCE l67-M. BUDGET HEARING - FINAL ADOPTION OF THE FY 1984-1985 BUDGET FINAL ADOPTION OF RESOLUTION NO. 479 - MILLAGE RATE Mayor Beals explained that Florida Statutes require the City to adopt a final millage levy prior to the conclusion of the Budget Hearing. He further explained that the first issue to be discussed has to be the percentage increase in millage over the rolled back rate necessary to fund the budget, if any, and the specific purposes for which ad valorem tax revenues are being increased. Mayor Beals continued stating that the City is not proposing to increase its millage over the rolled back rate, and the proposed millage rate for FY1984-l985 is 2.626. This rate will give the City the exact same amount of ad valorem funds as last year, excluding new growth. Mayor Beals then read Resolution No. 479 in its entirety and called for comments from those present in the audience. No one spoke for or against the proposed millage rate. 84-l49A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE , SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 479 WHICH SETS THE MILLAGE RATE FOR FISCAL YEAR 1984-1985 AT 2.626. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, HENRY, COLE AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ IN ITS ENTIRETY. RESOLUTION NO. 478 - GENERAL & REVENUE SHARING FUND BUDGET Mayor Beals explained that this Resolution would adopt the final budgets for the General and Revenue Sharing Funds. He further explained that the General Fund Budget provides for the basic tax supported services of the City. These services include police and fire protection, main- tenace of streets and sidewalks, parks and recreation, fleet maintenance, street lights, code enforcement, animal control, cemetery maintenance, legal services and finance and administration. Also included in this fund are monies for special activities such as contributions to Cooper Memorial Library and recreation programs. This budget provides for the maintenance of existing City services with no increase in services, with the exception of increased funds for an additional police officer. Total expenditures of $l,250,83l are requested. The Revenue Sharing Budget provides funds for Capital Outlays, and $60,275 in expenditures are budgeted. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed General and Revenue Sharing Fund Budget. 84-l50A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 11, 1984 Page -6- NO. 478. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, COLE, HENRY AND POOL, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 477 - SANITATION FUND BUDGET Mayor Beals explained that the Sanitation Fund Budget includes $217,453 in expenditures and provides money for garbage and trash collection. Mayor Beals then asked for comments from those present in the audience, and no one spoke for or against the Sanitation Fund Budget. 84-l5lA MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 477 ESTABLISHING THE SANITATION FUND BUDGET FOR FISCAL YEAR 1984-1985. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, TURVILLE AND COLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 476 - UTILITIES FUND BUDGET Mayor Beals explained that expenditures of $828,334 are budgeted in the Utilities Fund which provides for the water and sewer services of the City. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the Resolution. 84-l52A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE NO. 476. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, HENRY AND POOL, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. The final adoption of the four Budget Resolutions concluded the Budget Hearing portion of the agenda, and Finance Director Saunders then presented his report. FINANCE DIRECTOR SAUNDERS' REPORT Mr. Saunders reported that the Chief of Police had been in contact with Duval Motors of Jacksonville, Florida who presently hold the State Contract for Police Package 1984 Ford LTDs. The City can purchase four of these cars for $34,834. Two cars would be used by the Police Department, one car by the Public Works Director and the fourth vehicle would be for administrative use. The Police Department cars would cost $8,738.00 each and the others $8,679.00 each. Local prices for the same Police Package Ford LTD were checked, and Bob Wade Ford submitted a bid of $9,875.00 each. It was further reported that $39,700 had been budgeted in FY1984-l985 for the purchase of the four vehicles. If the City purchases the four 1984 LTDs from Duval Motors, approximately $4,000 would be saved from the amount budgeted. If the City waits for the 1984-1985 State Contract to purchase the cars, delivery may be delayed due to the proposed auto workers' strike. 84-153 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO PURCHASE THE FOUR VEHICLES WITH FUNDS BUDGETED FROM DUVAL MOTORS OF JACKSONVILLE AT A COST OF $34,834. . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 11, 1984 Page -7- Mayor Beals asked if there were further questions or comments from those present. Ken Peach of radio station WWFL thanked the City for the Labor Day fireworks display. There being no further business, the meeting adjourned at 8:40. ~ 13. f3~ CHARLES B. BEALS, MAYOR ATTEST: ~A~~CE DIRECTOR LAST NAME - FIRST NAME - MIDDLE NAME Pool Robert A. MAILING ADDRESS AGENCY is unit of: DATE ON WHICH VOTE OCCURRED September 11, 1984 NAME OF PERSON RECORDING MINUTES Julie M. Brandt TITLE OF PERSON RECORDING MINUTES rxJMUNICIPALITY Deputy City Clerk SPECIFY CONFLICT FORM 4 M ORANDUM OF VOTI o STATE 1464 East Avenue CITY Clermont FL NAME OF AGENCY City of Clermont ZIP 32711 DCOUNTY COUNTY Lake DOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: Council Member Pool abstained from voting on Ordinance l64-M, Rezoning from R-l-Ato R-l Inland Groves property located at the northwest corner of Twelfth Street and Minnehaha Avenue because he owns one share of stock in Inland Groves Corporation. 2. Description of the personal, private, or professional interest ,you ~ in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retainpl:" . ,: , 3. Person or principal to whom the special gain described above will inure: a.1XI Yourself b.D Principal by whom you are retained: (NAME) DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: September 17, 1984 FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This fonn need not be filed merely to indicate the absence of a voting conOict. Florida law pennits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 11112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4. REV. 12-79