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12-10-1985 Regular Meeting . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 10, 1985 The Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, December 10, 1985. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Henry, Council Member Huff, and Council Member Cole. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Cuqui Whitehead followed by the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the November 26, 1985 meeting were approved as presented. REPORTS CITY MANAGER'S REPORT SOUTH LAKE PLAYERS' It was reported that the South Lake Players organization had requested permission to block off a portion of Montrose Street from Seventh Street to Eighth Street for a bazaar and breakfast on January 25, 1986. It was the consensus of Council to allow this request. DENNY DOYLE BASEBALL SCHOOL It was reported that the Denny Doyle Baseball School had requested permission.to use Bishop Field for training from February 17th to April 11th. The school will donate $200 per week to the City's Parks and Recreation Fund for the use of the field. Council Member Turville asked if there had been any scheduling conflicts with the local ball teams when Mr. Doyle used the field. Mr. Saunders stated that the Denny Doyle Baseball School had been very cooperative in the past, and that there had been no problems. He further stated that he would advise them to work closely with the Clermont High School to avoid any conflicts. It was the consensus of Council to allow this request. TREATMENT PLANT EXPANSION It was reported that bids had been received for the expansion of the Effluent Disposal System (sprayfield) and Lift Station #6. City Engineer John Springstead recommended awarding the contract for Lift Station #6 to the apparent low bidder, Watson Construction Company, in the amount of $95,90l.l0~ and to Sunshine Building and Development Corporation in the amount of $153,337.00 for the expansion of the sprayfield, both bids being subject to approval by the Federal Department of Environmental Regulation and the Farmers Home Administration. 85-2Jl After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO AWARD THE BID FOR LIFT STATION #6 TO WATSON CONSTRUCTION COMPANY IN THE AMOUNT OF $95,901.10 AND FOR THE EXPANSION OF THE EFFLUENT DISPOSAL SYSTEM TO SUNSHINE BUILDING AND DEVELOPMENT CORPORATION IN THE AMOUNT OF $153,337.00, SUBJECT TO BOTH BIDS BEING APPROVED BY THE FDER AND FmHA. COMPREHENSIVE PLAN WORKSHOP All Council Members were reminded of the Comprehensive Plan Amendment Workshop scheduled for Monday, December 16, 1985, at 7:00 p.m. in the City Hall Conference Room. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 10, 1985 Page -2- CITY ATTORNEY'S REPORT City Attorney Baird reported that several years ago, during the time of the Broome Street paving improvements, a drainage system was constructed partially on the wrong piece of property with no easement. The owner of the property on which the drainage was erroneously constructed wants part of Broome Street closed by her property as compensation. Numerous mitigating circumstances make this request a problem, and the City Attorney asked Council permission to place the matter on the agenda for a future meeting and to prepare the ordinance required for the street closing. It was the consensus of Council to allow the request. MAYOR'S REPORT PARKS AND RECREATION BOARD SURVEY Mayor Pool reminded those present to turn in their Parks and Recreation Board surveys, if they had not already done so. OLD BUSINESS FINAL READING OF ORDINANCE l76-M City Manager Saunders explained that the following proposed rezonings listed in Ordinance l76-M would bring the areas into compliance with the City's adopted Comprehensive Plan and Future Land Use District Map: 1. Lots 4, 5 and 6~ Block 60 from C-l Light Commercial to R-3 Residential/Professional 2. All of Block 19 and Lots 3, 4 and 5~ Block 20 from R-3 Residential/Professional to R-l Urban Residential 3. Lots 1, 3, 5, 7, 9, 11 and l3~ Block 18 from C-2 General Commercial, and Lots 15, 17, and 19~ Block 18 from C-l Light Commercial, all to R-2 Medium Density Residential 4. Lots 5, 6, 7,,8 and 9~ Winona Bay Subdivision from R-3 Residential/Professional to R-l Urban Residential 5. All of that parcel lying west of a line 993 feet west of and parallel with the centerline of Twelfth Street, south of the south ROW line of SR 50, north of the westerly extension of Broome Street, and east of the westerly boundary of the City of Clermont from C-2 General Commercial to R-3 Residential/Professional The Planning and zoning Commission at its meeting held November 19, 1985, recommended all of the proposed rezonings as listed, with the exception of #4 which was tabled. The ordinance was introduced on November 26, 1985, apd included the Winona Bay Subdivision property. Mayor Pool then called for comments from those present in the audience. Roy Caldwell, an attorney representing Doris Lamb, spoke stating that his client wished her property in Block 18 to remain C-2. He further stated that plans for a retail store had already been drawn up, and believed that the area is commercial and should remain as such. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 10, 1985 Page -3- City Attorney Baird stated that the property is located in an ERD-7 area and that with the 7% slope on the property, it should be in a lower density area. He also cited an Attorney General's opinion that a citizen may sue the City if development goes in and the prop- erty does not comply with the, Comprehensive Plan. Joseph Washuta spoke next and stated that he was in a catch twenty- two situation with his property, stating that the property was bought as commercial, for commercial development and was now being rezoned R-2. He also stated that he did not believe it was fair to pay a $50 fee to file for an amendment to the Comprehensive Plan when he did not initiate the rezoning. Tom Dougherty, an attorney representinJ Hanks Electric, stated that the company had an option to purchase the Lamb property mentioned above, and wished to have the property omitted from the list of proposed rezonings at this time. He further stated that he believed rezoning should occur as the neighborhood changes, and that the use of this area is going commercial and should not be rezoned for resi- dential use. Mr. Phil Windheim who owns Lot 8 in Winona Bay Subdivision spoke stating that he wants to build a duplex on his property, and the lot was purchased with this idea in mind. Now the property is located in an ERD-l zone which only allows single family homes. He stated that presently there are two single family homes and two duplexes in the subdivision, with the single family homes being built after the du- plexes. He further stated that he had filed for an amendment to the Comprehensive Plan. Tom Dougherty spoke again, this time representing Extra Tech Properties. He stated that in 1975 a 60 unit development had been approved and in 1984 a 30 unit development for the same property was approved. The property consists of 4 acres on Crystal Lake which is now being rezoned R-l for single family homes. Mr. Dougherty continued by stating that nothing had changed with the Favuzza property and the City is not being fair to him because he believed that the Lamb property was being rezoned to R-2 to act as a buffer from the Commercial property on Highway 50 be- cause Favuzza's property could not be zoned R-l and abut commercial property. Council Member Turville stated that the City could just throwaway the Comprehensive Plan or ignore it, but it would not do that. He further stated that he felt that the R-l zoning for the Favuzza property was responsible because of its lake location and severe slope. Claude Smoak stated that he bought the property on which his home is located ten years ago. At that time his property was zoned R-l, and the property Mr. Favuzza now owns was changed from R-l to R-3. Mr. Smoak noted that the only change he has seen in the past ten years on Crystal Lake has been residential, single family homes. Commercial changes have not taken place in the area. He also stated that because of the severe slope (60' drop in 500'), he felt single family homes would be the best use for the property. After some further discussion, City Manager Saunders recommended adoption of Ordinance l76-M as written. 85-202 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l76-M AS WRITTEN. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, HUFF, TURVILLE AND COLE, AYE~ AND MAYOR POOL, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 10, 1985 Page -4- At this point in the meeting a ten minute recess was called. OATH OF OFFICE ADMINISTERED The meeting reconvened at 9:00 p.m. with the Oath of Office being ~ administered by City Clerk Joseph Van Zile to Council Member Group II, Hal Turville and Council Member Group IV, Ann Dupee. Mayor Pool expressed the City's thanks and appreciation to outgoing Council Member Ginny Henry for her two years of devoted service to the City. Congratulations were given, and Council Members Turville and Dupee took their seats and the meeting resumed. VISITORS WITH BUSINESS WILLIAM F. TIMPNER, SR. - VARIANCE FROM FRONT YARD SETBACK REQUIREMENT Mr. Fred Plummer appeared before Council on behalf of William F. Timpner to request a variance from the front yard setback requirement on property owns at 1909 Highway 27. Mr. Plummer explained that the request is being made in order to construct an above ground walkway from the main building to the accessory building located on the property. The walkway will be 40" above grade. The main building is nonconforming in that it is set back only 30 feet where 50 feet are required. No one spoke for or against the request. 85-203 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE REQUEST TO ALLOW THE CONSTRUCTION OF THE ELEVATED WALKWAY BETWEEN THE TWO BUILDINGS. DOCTOR AND MRS. SARNT SARNTINORANONT - VARIANCE FROM REAR YARD SETBACK REQUIREMENT Mrs. Sarntinoranont was present to answer any questions the Council might have concerning the request. It was explained that the variance was needed in order to construct a 3' deck on the west side of the proposed swimming pool. A one foot deck could be built without a variance, but this would not be adequate. Mrs. Hilda Wing, who lives in the neighborhood, stated that she was opposed to granting any variances because, if granted, the requests would only snowball. 85-204 After a brief discussion, A MOTION WAS MADE BY 'COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE REQUEST FOR A VARIANCE FROM THE REAR YARD SETBACK REQUIREMENT OF 7.5 FEET TO 5.5 FEET TO ALLOW A DECK OF THREE FEET TO BE BUILT FOR A SWIMMING POOL. ROBERT BUGNI - REQUEST FOR VARIANCE FROM MINIMUM LOT SIZE REQUIREMENT Mr. Robert Bugni appeared before Council to request a variance from the requirement of the zoning Ordinance for 7,500 square feet to allow a home to be built on a lot of 6,608.76 square feet. The Minnehaha Chain-O-Lakes Subdivision was annexed into the City as it is now platted, with the majority of lots ,being substandard. Mr. Bugni explained that a variance is needed because he also owns Lot 2 which is adjacent to Lot 1, and he has expanded his home to . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 10, 1985 Page -5- encroach on Lot 1. Mr. Bugni proposes to move the south property line of Lot 1 ten feet to the north in order to make Lot 2 conform with yard setback requirements. By doing this, Lot 1 is reduced to a total area of 6,608.76 feet. No one spoke for or against Mr. Bugni's request. 85-205 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT MR. BUGNI'S REQUEST FOR A VARIANCE FROM THE MINIMUM LOT SIZE OF 7,500 SQUARE FEET TO 6,608.76 SQUARE FEET IN ORDER TO CONSTRUCT A SINGLE FAMILY HOME ON LOT 1, MINNEHAHA CHAIN-O-LAKES SUBDIVISION. CHURCH OF THE NAZARENE - REQUEST FOR VARIANCE FROM THE SIGN ORDINANCE Reverend Richard Bonnette of the Church of the Nazarene' was present to request a variance from the sign ordinance to allow the church to place a sign in an R-lA district. It was explained that the church failed to request permission for a sign at the time its Conditional Use Permit was granted for expansion. 85-2~6 A site plan and sign description was given each Council Member. After a brief review of the request, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND .UNANIMOUSLY CARRIED TO GRANT THE VARIANCE REQUEST TO ALLOW THE ERECTION OF A SIGN, AS SHOWN ON THE SITE PLAN, AT THE CHURCH'OF THE NAZARENE. QUADIR KHAN - REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH A SMALL SHOPPING CENTER IN ,A C-2 ZONE (RESOLUTION NO. 515) It was explained that on November 15, 1984, a Conditional Use Permit was granted to Mr. Khan for the shopping center. Mr. Khan failed to begin construction within one year of the issuance of the CUP, and the permit has become void. No changes from the previously granted Conditional Use Permit have been requested. The Planning and Zoning Commission at its meeting held on December 3, 1985, unanimously recommended granting the request. It was further explained that in January of 1985, the Council granted an amendment to the original Conditional Use Permit which deleted Item #6, contingent upon the owners of the property agreeing that if another parcel at this location is sold, the entire parcel will be subdivided at that time. The owners agreed to this, and City Manager Saunders recom- mended deletion of Item #6, as previously granted by Council. 85-207 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE #515, DELETING ITEM NO.6, GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH A SMALL SHOPPING CENTER IN A C-2 ZONE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS DUPEE, HUFF, TURVILLE.AND COLE, AYE~ AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ,ONLY. NEW BUSINESS LEASE AGREEMENT WITH CLERMONT SENIOR CENTER, INC. It was reported that the lease agreement with the Clermont Senior Center, Inc. for office space in Jenkins A~ditorium expires on December 31, 1985. Council was asked if it wished to renew the agreement for 1986 with the same terms. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 10, 1985 Page -6- 85-208After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE LEASE AGREEMENT WITH THE CLERMONT SENIOR CENTER FOR 1986. LEASE AGREEMENT FOR CLERMONT CHAMBER OF COMMERCE It was reported that the Lease Agreement with the Clermont Chamber of Commerce for office space in Jenkins Auditorium also will expire on December 31, 1985. No changes were made with the terms of the lease other than the new term which will be from January 1 to December 31, 1986. 85-209A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ENTER INTO THE LEASE AGREEMENT, AS PRESENTED, WITH THE CLERMONT CHAMBER OF COMMERCE FOR 1986. There being no further business or discussion, the meeting adjourned at 9:30 p.m. ~.w~ obert A. Po , ayor -:-- Attest: Director