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04-10-1984 Regular Meeting ~ e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 10, 1984 The Regular Meeting of the City Council of the City of Clermont was held April 10, 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 Henry, Council Member Cole, and Mayor Pro Tem Pool. Other City Officials present were: City Manager Forbes, Finance Director Saunders, and Deputy City Clerk Brandt. City Attorney Baird arrived at 8:45 p.m. INVOCATION The Invocation was given 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 March 27, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT CENTENNIAL PRINT It was reported that Mrs. Marion Thompson had given the City a print of the Centennial Poster to hang in City Hall. City Manager Forbes expressed his and the City's thanks for Mrs. Thompson's generosity. EASTER EGG HUNT It was reported that an Easter Egg Hunt co-sponsored by McDonald's and radio station WWFL would be held Saturday, April 14th from 2:00 to 4:00 p.m. at Jaycee Beach. WORKSHOP It was reported that a Workshop was needed to discuss the Engineering Agreement for the Waste Treatment Plant expansion, the Group W Cable Television Franchise Agreement, and the sprayfield site. After some discussion, it was the consensus of the Council to hold the Workshop on Thursday, April 19, 1984 at 7:00 p.m. in the City Hall Conference Room. CENTENNIAL LOGO It was reported that the Centennial Logo had been officially registered with the Secretary of State. UNIVERSAL TANK'S BONDING COMPANY It was reported that a letter had been sent to Universal Tank's Bonding Company, asking that they supply a contractor to properly repair the City's 500,000 gallon water tank. Copies of the letter were given to all of the Council Members. TICLAW DEVELOPERS It was reported that on July 14, 1981, the City had sold a parcel of land located at the southeast corner of Lake Avenue and Juniata Street (next to Lake Dot) to Ticlaw Developers. At the time, the land was to be developed with the rest of their property. Mr. Richard Reynolds, one of the members of Ticlaw Developers, would now like to sell the property back to the City for the original selling price of $13,081 because the property cannot be used as intended. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 10, 1984 Page -2- Council Member Henry stated that she felt the City should offer less money, and Council Member Turville stated that he felt that it would be in the best interest of the City to have the property back. After some discussion, it was the consensus of the Council to place this request on the agenda for the next Council Meeting. BID REQUESTS City Manager Forbes reported that if there were no Council objections, he would advertise for bids to reroof City Hall, renovate the front of City Hall, and for a seawall at Jaycee Beach. There were no objections to his request. COUNCIL MEMBER HENRY'S REPORT RAPE CRISIS CENTER Council Member Henry expressed her concern that a recent rape victim was taken to a Leesburg Hospital for examination instead of Clermont's hospital. This person had been told not to discuss this matter with anyone. She felt that all rape victims should be able to call the Ocala Rape Crisis Center for consultation. City Manager Forbes stated that he would check into this matter and get back with Mrs. Henry. COUNCIL MEMBER POOL'S REPORT CENTENNIAL Council Member Pool expressed his gratitude to the Centennial Committee for its work in making the celebration such a great success. MAYOR BEALS' REPORT MAYORIAL PROCLAMATION Mayor Beals read a proclamation expressing the City's appreciation for Alice Ann Coward's prompt actions in saving the life of Reverend Mr. Good by using cardio-pulmonary resuscitation. VISITORS WITH BUSINESS RESOLUTION NO. 466 - REQUEST FOR CUP AT 610 LAKESHORE DRIVE It was reported that Mr. Andrew Morris was requesting a Conditional Use Permit (CUP) to enclose a porch at 610 Lakeshore Drive. A CUP is required since this is a non-conforming duplex in an R-l-A Single Family Zone. In April of 1983 Mr. Morris was granted a CUP which allowed the construction of a 10' x 43' screened porch, and a carport with a storage area to the rear of the carport not to exceed 16' x 46'. At the April 3, 1984 Planning and Zoning Commission Meeting, the Commission, by a three to two vote, defeated a motion to approve this request. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the request. Council Member Turville expressed his concern that Mr. Morris had e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 10, 1984 Page -3- made and was granted two previous requests to expand a non-conforming use, when, according to the City's Comprehensive Plan, such requests should be granted only if an exceptional hardship is proven. It also was discussed that as of this time, no Certificate of Occupancy had been issued for the screened porch or storage structure, and that Mr. Morris was now making a third request. After some further discussion, it was concluded that if Mr. Morris wished to continue to improve his property, it could be accomplished by converting the duplex into a single family home, possibly eliminating 84-045 the need for Conditional Use Permits. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DENY MR. MORRIS'REQUEST FOR A CONDITIONAL USE PERMIT TO ENCLOSE A PORCH AT 610 LAKESHORE DRIVE. RESOLUTION NO. 465 - REQUEST FOR CUP, CRYSTAL LAKE TOWNHOMES It was explained that Mr. William Favuzza had requested a Conditional Use Permit (CUP) to build a thirty-four unit townhouse development on the eastern end of Crystal Lake which is zoned R-3. Multiple family developments in excess of 24 units are a Conditional Use in R-3 zones. The Planning and Zoning Commission, at its April 3, 1984 Meeting, recom- mended approval of the Conditional Use Permit to allow construction of a thirty unit townhouse development, subject to eighteen conditions. Mayor Beals called for comments from those present in the audience and several people spoke. Mr. Tom Dougherty, legal representative for Mr. Favuzza, told the Council that this development would be for retirees. There would not be the noise and traffic problems often associated with families with children. The townhouses would be similar to the Waterwood Development in Yalaha. Mr. Dougherty then commented on the conditions as imposed by the Planning and Zoning Commission, and stated that: 1. He objected to condition #4 requiring a 50' buffer strip when a 25' strip offered adequate protection for the neighbor to the north of the development. 2. He objected to condition #5 recommending 30 units because it was 40% lower than what is allowed. The owner wanted to construct 34 units. Retention ponds on the site would not put harmful water into the lake. 3. He objected to the owner constructing Broome Street at his expense in condition #7 as being unduly harsh and an unnecessary expense. The developer would consider access from Broome Street and it would be a driveway until such time as the City felt it should be a public street. 4. Due to the reports from Hall-Farner, the high water mark should be considered at 93.5' not 97.5' as listed in condition # 8. 5. He objected to condition #13 as being unduly harsh because it would only be feasible for the principal driveways to run parallel to the contours of the land if the entrance comes from Broome Street. 6. He objected to condition #15 restricting the length of the dock to 35' length and 6' width. The developer wants 50' of dock over the water with a 100 square foot turnaround on the end. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 10, 1984 Page -4- 7. The developer objected to condition #16 because he wanted to complete the project in phases. Mr. Claude Smoak of 830 Second Street (property owner to the immediate north of the proposed development) spoke of the discrepencies in the City's Comprehensive Plan, and stated that he did not feel the prop- erty in question should be zoned R-3, and that it was not good zoning practice to have R-lA property joined by R-3. Mr. Smoak then read from the City's Comprehensive Plan regarding environmentally sensitive areas which states that careful consideration should be given to high density development by lakes or on areas of extreme slope. The Favuzza property has a slope of between 8% to 12% to Crystal Lake. He also commented on the negative aspects of the City Engineer's report on this project with regard to traffic, runoff, and water quality. His main concerns were that if the project was developed, an adequate buffer of at least 50' must be maintained between properties, and that traffic only be allowed to enter the property from Broome Street. If Second Street was used, the lights from cars going into the development would continually shine in his home. In conclusion, Mr. Smoak stated that if the Council granted Mr. Favuzza's request for thirty-four townhouse units, as presented, it would contradict every established City Policy and show a lack of sensitivity to the neighborhood, and his home in particular. May Nielson of 344 Crystal Lake Drive expressed her concern that allowing the development of thirty-four townhouses would place twice as many homes on Crystal Lake as there are now. Mr. Chris Giachetti of 312 Crystal Lake Drive stated that he had just purchased his home, and he felt that the Planning and Zoning Commission had done a good job with its recommendations for the development. He had no objections, if the conditions were adhered to. Mr. Carlisle Byrd of 143 Montrose Street expressed his concern for the water quality and level of Crystal Lake. He also stated that as a long time resident of Clermont, he could remember the water level of the lake going over Crystal Lake Drive. Mr. Smoak, Mr. Buck Evans, and Council Member Cole all expressed their concerns that certain retention areas shown on the site plan could be underwater sometime in the future because of the steep slope of the land and their location in relation to the water's edge. After much discussion, Mayor Beals asked for comments from the Council, and each of the eighteen conditions recommended by the Planning and Zoning Commission were discussed in great detail. Conditions #7, 8, 10, and 15 were changed as follows: 1. Condition #7 was changed from "Broome Street must be construc- ted at the owner's expense. Ingress and egress will be allowed from Broome Street only, or Second Street south of Broome Street. A "No Left Turn" Sign must be placed at the exit from the project." to "The owner must sign an agreement and covenant stating that if Broome Street is completed in the future, the assessment for the improvement will not be pro- tested. A driveway will be permitted using the Broome St. ROW to serve the development. No driveway will be permitted from Second Street. A "No Left Turn" sign must be placed at the exit from the project." e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 10, 1984 Page 5 2. Condition #8 was changed by removing the words "ordinary high" from the following statement: "The lowest floor elevation of all buildings must be at 101.5 feet to comply with the City's flood regulations, and required rear yards must begin twenty-five (25) feet from the ordinary high water mark of 97.5 feet." 3. Condition #10 was changed from "A fifteen (15) foot easement must be given to the City for the existing storm sewer line near the north property line." to "A fifteen (15) foot easement centered over the existing line must be given to the City for the storm sewer line near the north property line." 4. Condition #15 was changed from "The dock shall be restricted to a total length of thirty-five (35) feet, and a width of six (6) feet." to "The dock shall be restricted to a total length of thirty-five (35) feet, and a width of six (6) feet measured from the 93.5' water mark with a 10' x 10' (100 sq. ft.) turnaround on the end. The total length of the dock, including the turnaround, cannot exceed 35'. 84-046 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO TABLE RESOLUTION NO. 465 UNTIL SUCH TIME AS A NEW SITE PLAN INCORPOR- ATING THE EIGHTEEN REQUIREMENTS OF THE CONDITIONAL USE PERMIT AS SET FORTH TONIGHT CAN BE SUBMITTED FOR FINAL COUNCIL APPROVAL. OLD BUSINESS FINAL READING OF ORDINANCE l59-M, REZONING REQUEST 859 WEST MINNEOLA AVE. It was reported that Asbury and Michael Floyd had requested to rezone property owned by Monte Vista Groves and described as the west 10' of Lot 10, Lot 12, and the east 1/2 of Lot 14, Block 93, City Blocks from R-3 Residential/Professional to C-2 General Commercial. The rezoning is being requested so the applicants may use the property as a funeral home, which is a permitted use in a C-2 Zone. At the March 6, 1984 Planning and Zoning Commission Meeting, the Commission recommended approval of this request by a five to two vote. Mayor Beals asked for comments from those present in the audience, and no one spoke for or against the request. Michael Floyd explained that he was a licensed mortician, and would operate the home. He also stated that parking would not be a problem because Black funeral services are almost always conducted in a church. Council Member Turville expressed his concern that if the property were rezoned, it would cause "spot zoning". A 10' strip of property owned by Postal Colony would would have to be rezoned, as would the remainder of the block. After a brief discussion of the types of business allowed in a C-2 Zone, Mayor Beals discussed that a funeral home was a conditional use in a C-l Light Commercial Zoning Classification. It was thought that this classification would be better suited for the area in question, and would keep C-2 permitted uses such as a theater or car repair business from being established next to the funeral home. It was explained that if the zoning were changed to C-l Light Commercial, Mr. Floyd would have to obtain a Conditional Use Permit to use the property as a funeral home. The procedure for doing this was also explained. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 10, 1984 Page -6- 84-047 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. l59-M AS AMENDED, CHANGING THE ZONING CLASSIFICATION FROM AN R-3 RESIDENTIAL/PROFESSIONAL ZONING CLASSIFICATION TO A C-l LIGHT COMMERCIAL ZONING CLASSIFICATION. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, TURVILLE, AND COLE; AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. Mr. Floyd was advised to begin application for the Conditional Use Permit as soon as possible, so the request could be heard by Council on May 8, 1984. APPROVAL OF PLANS FOR LIBRARY ADDITION It was reported that the Library Board has recommended approval of plans for a 3,088 square foot addition to Cooper Memorial Library and has re- quested final Council approval. Total construction costs for the pro- ject are estimated to be about $130,000 and the total project costs will be about $150,000 with furniture and equipment. $50,000 of the construction costs will be paid through the Library Services Construc- tion Act and the remainder will be paid from the Cooper Memorial 84-048 Library Trust Fund. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPROVE THE PLANS FOR THE ADDITION TO COOPER MEMORIAL LIBRARY AS PRESENTED. ENGINEERING AGREEMENT FOR WASTE TREATMENT PLANT EXPANSION City Manager Forbes reported that he would like to table approval of the Engineering Agreement for the Waste Treatment Plant Expansion until after the Workshop on April 19th to discuss this and other 84-049 matters. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO TABLE APPROVAL OF THE ENGINEERING AGREEMENT FOR THE TREATMENT PLANT EXPANSION UNTIL AFTER THE APRIL 19, 1984 WORKSHOP. RESOLUTION NO. 467 - LOAN RESOLUTION FOR EXPANSION OF THE WASTE TREATMENT SYSTEM City Manager Forbes reported that the City was eligible for funding from the Federal Farmers Home Administration to expand the Waste Treatment System. FmHA will lend the City $885,908 which would pay the City's share of the costs for the project. The Federal EPA will provide a grant for the additional funding. The City needs to file its final application as soon as possible because interest rates are rising again. If the interest rate is around 10%, the City should accept the financing and payoff its existing loan for $700,000 at 11.35% interest. If the interest rate is around 11%, the City would most likely be better off financing our own share from the Utility Benefit, Capital Improvement Fund and General Fund. 84-050 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 467, FmHA LOAN RESOLUTION FOR EXPANSION OF THE WASTE TREATMENT SYSTEM IN THE AMOUNT OF $885,908. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, HENRY AND POOL, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. City Attorney Baird explained that some changes were needed in the Legal Services Agreement for the Waste Treatment Plant Expansion. The manner in which the legal fees are to be paid ~ e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 10, 1984 Page -7- needs to be changed to 85% at the time of interim financing, and 15% at the sale of the bonds, as per a directive from FmHA. He also explained that a wording change was needed to include "out of pocket expensesR in addition to the fee charged. Mr. Baird also stated that he needed authorization to pay an outstand- ing bill from the previous bond closing for out of pocket expenses. The/Council inquired as to what amount was owed, and Finance Director 84-051 Saunders stated $553.50. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO AUTHORIZE PAYMENT OF THE OUTSTANDING AMOUNT DUE OF $553.50 FOR OUT OF POCKET EXPENSES FROM THE PREVIOUS BOND CLOSING. 84-052 A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPROVE THE LEGAL SERVICES AGREEMENT AS AMENDED, AND THE EQUAL OPPORTUNITY, AND ASSURANCES AGREEMENT AS PRESENTED. BID AWARD - SLUDGE Mayor Beals reported that only one bid in the amount of $24,000 was received from Bowen Brothers of Winter Haven to dispose of the City's sludge. Apparently there was a misunderstanding in the bidding, and after a brief discussion, it was the consensus of the Council to reject the bid, to allow citizens to continue picking up sludge at the treatment plant and to rebid the project. BID AWARD - FIBERGLASS TANKS Mayor Beals reported that the City had received two bids for five fiber- glass tanks for the Utility Department. These tanks are to be installed underground at five of the City's lift stations to improve the distribution of the chemical odophus used to reduce nitrogen sulfide in the City's sewer system. The bids were as follows: Xerxes Corporation $7,720 and 84-053 Burhans Engineered Products $14,755. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF $7,720 FROM XERXES CORPOR- ATION. BID AWARD - GRAND HIGHWAY SIDEWALK It was reported that five bids were received for construction of approximately 2,000 feet of sidewalk on Grand Highway from East Avenue to Crestview Drive. The bids were as follows: COMPANY 4 INCH 6 INCH Albright Construction, Leesburg Grady Howard, Groveland Williams Concrete, Winter Garden Bober Contracting, Land 0' Lakes Harry Showers, Astatula $6.10 $6.69 $8.00 $8.40 $8.75 $7.60 $8.35 $10.60 $10.00 84-054 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBR HENRY AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF ALBRIGHT CONSTRUCTION OF LEESBURG FOR CONSTRUCTION OF APPROXIMATELY 2,000 FEET OF SIDEWALK ON GRAND HIGHWAY. There being no further business, t adjourned at 10:20 p.m. ATTEST: ~~~~y CLERK