09-11-1984 Regular Meeting
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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)
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CITY OF CLERMONT
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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.
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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.
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September 11, 1984
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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.
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September 11, 1984
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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
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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.
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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