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04-24-1984 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 24, 1984 The Regular Meeting of the City Council of the City of Clermont was held April 24, 1984 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Beals 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 Mayor Pro Tem Pool followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held April 10, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT CENTENNIAL PARADE TROPHIES It was reported that Mr. Elbert Ritchie of the Disabled Veterans would be submitting a bill and invoices in the amount of $200 for trophies given to Centennial Parade participants. It was the consensus of the Council to pay for the trophies, as agreed during a prior meeting. CITY ATTORNEY'S REPORT City Attorney Baird reported that he would be attending the Florida Municipal Attorneys Association Workshop on May 11 & 12 in Port St. Lucie, Florida. RESOLUTION NO.465 - CONDITIONAL USE PERMIT FOR CRYSTAL LAKE TOWNHOMES During the April 10, 1984 Council Meeting, Council Members requested that Mr. William Favuzza present a revised site plan to Council in- corporating the eighteen conditions as revised during the meeting. Mr. Tom Dougherty, Attorney for Mr. Favuzza, presented a new site plan containing thirty-two townhomes, instead of the requested thirty. The two additional units were placed in the southeast quadrant of the property- farthest away from the Smoak property. He continued by explaining that all of the Council's requested changes had been met on the revised site plan, including location of the roads parallel to the contour lines and the driveway located using the Broome Street right-of-way. He further stated that all the problems with the slope are being handled as required by City regulations, and that the City Engineer would see that the project conforms. Mr. Dougherty explained that his client would like to complete the project in phases, with Phase I (on the east side of the property, closest to Second Street) consisting of units 1,2, and 3. The phasing process includes completion of all utilities, drainage, and roads for the first group of units. In this manner, the entire property would not be torn up at one time. With regard to density, setback, and lot coverage, Mr. Dougherty then compared Mr. Favuzza's proposed development plans to the Henry Clay Townhouses which are being constructed on Seventh Street; and concluded that he believed the Favuzza project was superior in all three areas. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 10, 1984 Page -2- After Mr. Dougherty's presentation, Council Member Turville read the final motion from the April 10, 1984 Meeting which requested a revised site plan with thirty units, and asked Mr. Dougherty if he had such a revised site plan with him. Mr. Dougherty then presented the Council with the thirty unit plan. Council Member Cole expressed his concern for washouts during construction, and Mr. Farner, Engineer for the project, explained that each phase would be self- sufficient. Mayor Beals then called for comments from those present in the audience. Rosemary Young expressed her concern for washouts during construc- tion and the fact that she had witnessed the high water level of Crystal Lake at 99 feet. She also asked how long it would take to complete construction, and was told about two years. Winnie Patterson stated that the proposed project would have a beach area, and it was her understanding that there was a City policy against this. City Manager Forbes explained that this policy pertained to public property, not private. Claude Smoak then stated that the revised site plan for thirty units, as presented, was certainly more palatable to him. However, he requested that the Council consider the following three items: 1. DER Chapter 17.25 which requires that no retention ponds be constructed under water. Mr. Smoak stated that 97.5' will be under water at some future time. 2. The 50' buffer strip between his property and Mr. Favuzza's be rezoned to R-l. 3. He had no objections to phasing, providing that the City demands to have either a performance bond, cash bond or irrevocable letter of credit. This would provide money to complete the streets and utilities should the project be stopped after some part of it was finished. Mr. Dougherty responded to Mr. Smoak by stating the following: 1. The water levels exceeding 97.5' at Crystal Lake were an unusual event. 2. He felt rezoning the strip to R-l constituted "taking property without compensation", and it was totally unfair to do so. 3. He felt the bonding should cover each phase, not the whole project, and asked what the City would do with the bond once the City had it. Much discussion ensued regarding types and amounts of bonds. City Attorney Baird stated that the City Engineer would determine the type of performance bond needed, if the Council chooses to require one. Mr. Smoak then stated that his greatest concern was if the developer was sincere with his project as presented. He didn't want him to have the option to chop the project up. He stated that he felt that a performance bond on the whole project, which could be reduced as the phases were completed, would make the developer complete the work. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 24, 1984 Page -3- Mayor Beals then spoke about the proposed project. He briefly told of the history of the property and how it was zoned R-3 on the advice of consultants. He also told of the previous owner's request for a building permit for the property and how it was denied by the City. The case went to court and the City lost. He expressed his concern over the fact that the property is zoned R-3, and no more stringent conditions should be placed on this property than other property with the same zoning. As an example, part of Condition #4 was cited which requires a 50' buffer zone for this property, when all that is required in an R-3 zone is 25'. Mayor Beals stated that he considered this to be confiscation. The Mayor also stated that he felt this request had become a political issue. The only reason for a Conditional Use Permit on this property was that Mr. Favuzza wanted to build more than twenty-three units. Mr. Favuzza, to date, has met all of the City's requirements, but the request has still not been granted. Mayor Beals then stated that Mr. Favuzza could build seventeen units on half the property with no Con- ditional Use Permit. He had talked to the City Manager about this, but the City Manager informed him that he would not issue a permit for seventeen units. In conclusion, the Mayor stated that he too was concerned about water quality in Crystal Lake, but that for years all of the pollutants from East Avenue have drained directly into the lake. He felt that the large duck population at Center Lake (which the City administration can't seem do anything about) did more damage to the water quality there then the proposed thirty new residences on Crystal Lake could possibly do. Council Member Turville also expressed his feelings about the request. He stated that he felt the property was improperly zoned, and the Council should not perpetuate mistakes of the past with regard to the Comprehensive Plan. He also stated that the Conditional Use Permit requirement provides the Council with a tool to make all of the unacceptable aspects of the request acceptable. In good conscience, he felt the Council could not ignore the Comprehensive Plan, the character of the neighborhood, the water quality of the lake, and traffic on Second Street when considering the request. If lawsuits are a major concern, the City could be sued by the neighbors as well as the developer. Mr. Turville concluded by stating that he felt a moritorium should be placed on the prop- erty and the zoning changed. Council Member Pool also expressed his thoughts on the request, and stated that the property was zoned R-3, and the Council will have to accept the fact because the zoning cannot be changed in mid-stream. He further stated that 14 units per acre were allowed in an R-3 zone, and Mr. Favuzza's request for 32 units was a good compromise. He also felt water quality was important, but that it would be addressed by the City Engineer when construction begins. Mr. Pool agreed with the phasing aspect of the request, and concluded by stating that they should not be more harsh on Mr. Favuzza than anyone else. City Manager Forbes then reported that he had met with the City Engineer to discuss the new site plan for thirty-two units. There is enough room to meet the requirements of Chapter 17.25 and the rules of the Lake County Pollution Control Board. The roads, now parallel to the contour lines, are adequate. The Condominimum Documents will have to be reviewed to make sure they include the roadways and swales. In the matter of performance bonds, Mr. Forbes stated that no bond would be required if all streets and drainage for the entire project were contructed before unit construction begins. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 24, 1984 Page -4- He further stated that the whole discussion tonight boils down to the following: 1. The Council must decide how many units it will allow. 2. The second sentence in Condition #7 should be amended as follows: "A driveway and easement will be permitted using the Broome Street right-of-way to serve the development". 3. Condition #16 regarding Certificates of Occupancy should be changed as follows: No certificate of occupancy can be issued until each of the stated conditions in each phase has been met, including completion of all driveway, park- ing and drainage requirements, which must be properly maintained and operated by the owner. If phasing is allowed, the following also must be inserted:...conditions "in each phase" have been met,... and Phasing will be allowed only after a performance bond is issued for the public improvements required for the entire project. 4. If phasing will be allowed or not. After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO DENY THE REQUEST, PLACE A MORITORIUM ON THE PROPERTY, AND REFER THE MATTER BACK TO THE PLANNING AND ZONING COMMISSION FOR REZONING. THE MOTION DIED FOR LACK OF A SECOND. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, AND SECONDED BY COUNCIL MEMBER COLE TO ADOPT RESOLUTION NO. 465 ALLOWING THE REQUESTED THIRTY-TWO UNITS, WITH CONDITION #7 CHANGED AND CONDITION #16 CHANGED INCLUDING PHASING AS SUGGESTED BY CITY MANAGER FORBES. Under discussion, COUNCIL MEMBER TURVILLE MADE A MOTION TO AMEND COUNCIL MEMBER POOLS MOTION TO CHANGE THE NUMBER OF UNITS TO THIRTY AND TO ADD AN ADDITIONAL CONDITION #19 TO HAVE THE BUFFER ZONE REZONED TO R-l BEFORE ANY CERTIFICATE OF OCCUPANCY CAN BE ISSUED. THE AMENDMENT TO THE MOTION DIED FOR LACK OF A SECOND. COUNCIL MEMBER COLE WITHDREW HIS SECOND TO COUNCIL MEMBER POOL'S ORIGINAL MOTION, AND THE MOTION DIED FOR LACK OF A SECOND. 84-055 COUNCIL MEMBER COLE THEN MADE A MOTION TO ADOPT RESOLUTION NO. 465 AS AMENDED TO INCLUDE THIRTY UNITS, TO REWORD CONDITIONS #7 AND 16 AS SUGGESTED BY CITY MANAGER FORBES TO INCLUDE PHASING AND A PERFORMANCE BOND ON THE ENTIRE PROJECT, AND TO ADD CONDI- TION #19 TO READ "THE NORTH BUFFER ZONE OF 50' SHALL BE REZONED TO R-l BEFORE ANY CERTIFICATE OF OCCUPANCY CAN BE ISSUED. COUNCIL MEMBER HENRY CALLED FOR THE QUESTION AND THEN SECONDED COUNCIL MEMBER COLE'S MOTION. THE MOTION CARRIED BY A THREE TO TWO ROLL CALL VOTE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, AND COLE; AYE, COUNCIL MEMBER TURVILLE AND MAYOR BEALS; NAY. THE RESOLUTION WAS READ BY TITLE ONLY. For the record, Claude Smoak stated that at no time had he contacted any Council Members or Planning and Zoning Commission Members prior to the public hearing on this request. He had appeared as a concerned citizen and property owner to the immediate north of the proposed pro- ject. A discussion between Mayor Beals and Mr. Smoak ensued regarding their respective political ethical philosophies. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 24, 1984 Page -5- REQUEST FOR OUTDOOR SALES AT CLERVUE DRIVE IN THEATER Mayor Beals reported that Mr. George Pelletier had been operating a Flea Market at the Clervue Drive In on Saturdays for the past month, and now was requesting that he be allowed to continue them permanently. Mr. Pelletier appeared before Council to answer any questions. He stated that there had been no traffic or parking problems at the theater. Parking is available for 350 vehicles, and rental spaces are being limited to 40. He further stated that there had been no complaints from surrounding property owners. 84-056 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO ALLOW MR. PELLETIER TO CONTINUE WITH THE FLEA MARKET AT THE CLERVUE DRIVE IN THEATER UNTIL SEPTEMBER 30, 1984, AT WHICH TIME THE COUNCIL WILL REEVALUATE THE REQUEST. GROUP W CABLE TELEVISION REQUEST TO TRANSFER FRANCHISE AGREEMENT City Manager Forbes reported that Group W Cable Television had requested that the present franchise agreement be transferred to Cablevision Industries, Inc. The present agreement expires in May of 1985. Mr. Forbes requested that this matter be tabled until the May 8, 1984 Council Meeting in order to allow time for a meeting with the company and City Staff to discuss the transfer. It was the consensus of the Council to table this matter until the next Regular Council Meeting. OLD BUSINESS It was reported that one bid for $101 per month rental fee had been received from the YMCA for lease of the old library building at 630 West DeSoto Street. The YMCA had requested a change in the lease agreement regarding repairs to the heating and air conditioning systems. They asked that the repairs be negotiated, if they become necessary. 84-057 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO ACCEPT THE YMCA'S BID OF $101 PER MONTH FOR LEASE OF THE OLD LIBRARY BUILDING, AS AMENDED TO INCLUDE THAT REPAIRS TO THE HEATING AND AIR CONDITIONING SYSTEMS WILL BE NEGOTIATED, SHOULD THEY BECOME NECESSARY. FINAL READING - ORDINANCE 24l-C, FLOOD PREVENTION Mayor Beals reported that the new Ordinance is very similar to the "Flood Prevention" Ordinance adopted by the City in March of 1980. The new Ordinance uses terminology and regulations provided by the federal government and meets the required federal guidelines. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed Ordinance. 84-058 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 24l-C, FLOOD PREVENTION. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, HENRY AND POOL; AYE, AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 24, 1984 Page -6- FINAL READING - ORDINANCE 242-C, ABANDONED PROPERTY Mayor Beals reported that this Ordinance was prepared by the City Attorney and allows the Police Department to dispose of abandoned or unclaimed property. It also repeals sections in the Chapter referring to a separate Clermont Clean Community Commission. Mayor Beals then called for comments from those present in the audience, and no one spoke for or against the proposed Ordinance. 84-059 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 242-C, ABANDONED PROPERTY. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, HENRY COLE, AND TURVILLE; AYE, AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. REPURCHASE OF LOT 4, BLOCK 59, CITY BLOCKS It was reported that Mr. Richard Reynolds of Ticlaw Developers had approached the City about repurchasing Lot 4, Block 59 of City Blocks for the original asking price. In July of 1981 the property was purchased by Ticlaw Developers for $13,081 as part of their development of Lake Dot Villas. Subsequently, the property was not used as originally intended, and Ticlaw Developers would now like to sell it back to the City. Mrs. Henry stated that she felt the City should offer Ticlaw Developers less than $13,081. Council Member Turville stated that he felt the City should repurchase the property because the City needed to keep as many "green areas" as possible. 84-060 After a brief discussion regarding property values, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND CARRIED BY A FOUR TO ONE VOTE TO REPURCHASE LOT 4, BLOCK 59, CITY BLOCKS FROM TICLAW DEVELOPERS FOR $13,081. COUNCIL MEMBER HENRY VOTED NAY. There being no further business, adjourned at 9:30 p.m. ATTEST: ~S~~y CLERII