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11-12-1985 Regular Meeting e e CITY OF CLERMONT ~ MINUTES REGULAR COUNCIL MEETING November 12, 1985 The Regular Meeting of the City Council of the CIty of' Clermont was held Tuesday, November 12, 1985, in the Council Chambers. The meeting was called to order at 7:30 p.m. by ~ayor Pool with the following Council Members present: Council Member Henry, Council Member Cole, Council Member Huff and Mayor Pro Tem Turville. 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 repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Special Meeting held October 9, 1985, the Workshop Meeting held October 15, 1985 and the Special Meeting held November 5,1985, were approved as presented. Council Member Richard Huff requested that the Minutes of the October 22, 1985, Council Meeting be changed to reflect the remarks of Jim Modica and others who spoke at the meeting concerning the City owned property of Lake Winona. City Manager Saunders stated that the changes would be made. REPORTS CITY MANAGERIS REPORT FUNERAL HOME - 806 WEST MINNEOLA AVENUE It was reported that Mr. Rolland E. Becker who was granted a Conditional Use Permit on October 8, 1985, to establish a funeral home at 806 West Minneola Avenue wished to remodel the front of the building, add some landscaping and a new sidewalk. It was explained that the City would remove the old concrete between the str~et and the building which is on City right-of-way and install curb and gutter along the front of the property and around the corner of Eighth Street at a cost not to exceed $1,200. The owners of the property would pay for the new sidewalk and landscaping. Mayor Pool and Council Member Cole both agreed that the proposed improvements would make the area look much better, and the addition of curb and gutter would eliminate the corner cutting when turning west on Minneola from Eighth Street. . 85-183 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE.AND UNANIMOUSLY CARRIED TO HAVE THE CITY REMOVE THE OLD CONCRETE AND INSTALL THE CURB AND GUTTER AT A COST NOT TO EXCEED $1,200~ CHAMBER OF COMMERCE CHRISTMAS PARTY It was reported that Joyce Walker of the Chamber of Commerce wished to have a Christmas Party 'for all elementary school students in the Clermont area on Saturday, December 21, 1985 in Jenkins Auditorium. A tree with decorations has been donated, volunteers from Cooper Memorial Library will read Christmas stories, refreshments will be served, and Santa will be present. Mrs. Walker has requested a maximum of $500 from the City to purchase ~hristmas Stocking favors which will be given to each child and pay for other expenses. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 12, 1985 Page -2- 85-184After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GIVE THE CLERMONT CHAMBER OF COMMERCE A MAXIMUM OF $500 FOR THE CHRISTMAS PROGRAM. Council Member Turville asked that records be kept showing how the money was spent. EPISCOPAL CHURCH BAZAAR TENT It was reported that the Episcopal Church would be holding its annual bazaar on Saturday, November 23rd, and wished permission to place a tent on the church grounds for the event. It was the consensus of Council to allow this request. SECOND COUNCIL MEETING OF DECEMBER City Manager Saunders stated that the second Council Meeting of December would fall on Christmas Eve and asked that the meeting be cancelled, as it was last year. If it appears that a second meeting is needed, it could be held the third week of December or on any other mutually agreeable date. It was the consensus of Council to cancel the second Council Meeting of December. PARKS AND RECREATION - CLEAN UP, GREEN UP CAMPAIGN City Manager Saunders reminded the Council and those present in the audience of the Parks and Recreation Commission's clean up campaign for the City. Volunteers are still needed and if any- one wishes to help out, and they may meet in the City Hall parking lot at 9:00 a.m. on Saturday, November 16th. The City is providing a truck and driver to help with picking up the trash. FINANCE DIRECTOR'S REPORT BUDGET AMENDMENTS Finance Director Van Zile reported that the following budget amendments were needed for the General Fund Budget and Utilities Fund Budget: 1. Public Works - Transportation, an increase in the Capital Outlay - Streets and Sidewalks in the amount of $78,533 tO'amend the current year's budget from General Fund' Reserves to carry forward unexpended f~nds as of September 30, 1985. 2. Public Works - Transportation, an increase in the Repair and Maintenance of Vehicles account in the amount of $10,581 to amend the current year's budget from General Fund Reserves to repair the City's bucket truck. A previous budget amendment in the same amount was made September 10, 1985, but not expended as of September ~O, 1985. 3. Public Works - Parks and Recreation, an increase in the Capital Outlay.- Recreation Facilities account in the amount of $4,000 to amend the current year's budget from General Fund Reserves to construct a wooden pier at West Beach. Funds were budgeted in this amount for the 1984-1985 budget, but were not expended. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 12, 1985 Page -3- 4. Water Department - an increase in Salaries and Benefits in the amount of $5,970 to amend the current year's budget from Utilities Fund Reserves for part-time salaries for the re- placement of the old galvanized water lines. This amount represents the unexpended funds for the project as of September 30, 1985. 85-185A MOTION WAS MADE BY COUNCIL MEMBER HENRY, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO APPROVE THE BUDGET AMENDMENTS AS LISTED ABOVE FOR FISCAL YEAR 1985-1986. COUNCIL MEMBER COLE'S REPORT COMMUNITY ACTION AGENCY Council Member Cole reported that he had been appointed to a five year term on the Board of Directors of the Lake County Community Action Agency. VISITORS WITH BUSINESS CHRIS COX VARIANCE REQUEST Mr. Chris Cox appeared before Council to request a a variance to the height restriction from a maximum of 35' to 55' in order to install a flag pole at 889 West Highway 50. Mr. Cox stated that he wished to install the 55 foot flag pole to draw attention to his new Texaco Station because it is blocked by the City Hall hill to the west. Mayor Pool explained that if the City would allow this request, then it would have to allow everyone a 55 foot flag pole which would set a questionable precedent for the City. 85-186After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DENY MR. COX'S REQUEST FOR A VARIANCE TO THE HEIGHT RESTRICTION FOR FLAG POLES. Mr. Cox stated that he understood the Council's concern, and that he would be installing a 35 foot flag pole at the station. JEAN EDWARDS VARIANCE REQUEST Mrs. Jean Edwards appeared before Council requesting a variance to the required rear yard setback for a swimming pool from 7.5' to 5'. The property is located at 624 Prince Edward Street. Mrs. Edwards had previously requested a side yard variance to build a swimming pool which was denied. Council Member Turville stated that he would be abstaining from discussing and voting on this matter because his mother owns property within 150 feet of the subject property. 85-~~7~fter a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, . SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THE REAR YARD SETBACK FOR A SWIMMING POOL FROM THE REQUIRED 7.5' TO 5' WITH COUNCIL MEMBER TURVILLE ABSTAINING FROM VOTING. e ,e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 12, 1985 Page -4- RESOLUTION NO. 512 - JOHN L. ROCKER REQUEST FOR A CONDITIONAL USE PERMIT Mr. John Rocker is requesting a Conditional Use Permit for the construction of two residential offices and two storage units on property located at 684 Montrose Street. The property is located in the C-2/CBD zone which does not require on site water retention or yard setback requirements. It was reported that the Planning and Zoning Commission at their meeting held November 6, 1985, unanimously recommended approval 'of the request. If feasible, the Commission had suggested the use of some type of semi-permeable parking. Mr. Rocker stated that the semi-permeable parking called "Turf Block" would be cost prohibitive and that he would install asphalt on the 70' x 70' area. 85-188After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO.. 512 GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF TWO RESIDENTIAL OFFICES AND TWO STORAGE SPACES LOCATED AT 684 MONTROSE STREET. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, COLE AND TURVILLE, AYE AND MAYOR POOL, AYE. THE RESOLUTtON WAS READ BY TITLE ONLY. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE CITY OF CLERMONT COMPREHENSIVE PLAN TO ALLOW A GREATER DENSITY Mr. Robert P. Renfrow, an attorney representing National Church Residences of Lake County appeared before Council to request consideration of an amendment to the City's Comprehensive Plan in order to allow a greater density for construction of a low to moderate income housing project on property located in Woodlawn Subdivision. National Church Residences proposes to build a three story rental apartment facility containing forty-six one bedroom and efficiency units. The project would cover Block 5 and Lots 1-4 and 7-10 of Block 8. This is approximately 3.9 acres which results in a density of 12 units per acre. It was explained that the property is currently zoned R-3 which has a minimum lot requirement of 3,500 - 5,000 square feet per dwelling unit. The adopted Future Land Use portion of the Comprehensive Plan places this property in ERD-7 which allows multi-family development with a maximum density of 8 units per acre. Because the City is required to conform as closely as possible to the Comprehensive Plan until such time as the Future Land Use Map and Zoning Map are in conformance, the City must require the 5,000 square feet per unit for this R-3 zoned property which would allow 8.7 units per acre, or a total of 34 units on the 3.9 acres. Mr. Renfrow then explained that the proposed project would be built with HUD funding. In February of 1985, HUD made it known that 46 units could be built in either Lake or Indian River Counties. In May National Church Residences asked if the 46 units could be built on the property in question and were told that such a project was permitted. This was prior to the adoption of the Future Land Use District Map and revised Zoning Ordinance. Mr. Renfrow went on to state that the project would not be feasible with fewer than the 46 units requested. Mr. Renfrow then introduced Mr. Paul Lange, ,National Church Resi- dences Florida Representative, who answered Council questions con- e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 12, 1985 Page -5- cerning the company and the types of projects it was involved in, including size of projects, occupancy rates and rental fees, etc. After some further discussion concerning the request, it was decided that Mr. Renfrow should follow the procedure which. is to be considered later in the meeting which establishes two dates per year for amending the City's Comprehensive Plan. Mr. Renfrow thanked the Council and stated that he would follow the procedure established for amending the Comprehensive Plan. OLD BUSINESS COUNTY WIDE FIRE PROTECTION City Manager Saunders reported that the City had submitted an amended contract to the County using wording as suggested by County Commissioner Claude Smoak. This contract was rejected by the County, and another contract has been submitted to the City which further reduces the City's area of coverage and subsequently the amount of funding received. The new map for coverage deletes the area east of the City Limits on Highway 50, and the funding has been reduced from $10,125 to $9,500. It was pointed out that the City would still have to buy a tanker for the expanded coverage area which would cost more than the proposed funding for the first year of the contract. A memo from Fire Chief Smythe was read which stated that he believed that it was not in the City's best interest to parti- cipate in the program at this time. 85-189After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED NOT TO ENTER INTO THE AGREEMENT WITH THE COUNTY FOR COUNTY WIDE FIRE PROTECTION BASED UPON THE RECOMMENDATION OF CHIEF SMYTHE. The City will continue its Mutual Aid Agreement with the County. NEW BUSINESS RESOLUTION NO. 513 - ESTABLISHING TWO DATES PER YEAR FOR REVIEW AND CONSIDERATION OF AMENDMENTS TO THE COMPREHENSIVE PLAN It was explained that this Resolution would establish the first Council Meetings in February and August as dates to introduce amendments to the City's Comprehensive Plan. Florida Statutes provide that the Comprehensive Plan may be amended not more than two times during any calendar year. City Manager Saunders further stated that he would like to amend Item #1 by adding ...considered "for. introduction"... first meeting in february and the first meeting in August IIwith final adoption at a later datell. Mr. Saunders also stated that the City Staff would be making a standard form listing application requirements and establishing dates for requesting an amendment to the Comprehensive Plan. At this point in the meeting, Joe Washuta who owns property located behind Cumberland Farms presently zoned C-l but is designated for R-2 type development by the Future Land Use Map appeared before Council to express his concern over the designation for the property. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 12, 1985 Page -6- Mr. Washuta was advised that he would have to apply for an amendment to the Comprehensive Plan following the guidelines to be established by Resolution No. 513 if he was not satisfied with the rezoning. 85-190 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 513 AS AMENDED BY CITY MANAGER SAUNDERS. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, COLE AND TURVILLE, AYE AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. INSURANCE PROPOSALS Finance Director Van Zile reported that the City had advertised and sent out thirteen letters and requests for insurance proposals, but only one insurance coverage proposal for the City for fiscal year 1986 was received from the Florida League of Cities Insurers Program. This coverage includes Comprehensive General Liability, Comprehensive Automobile Liability and Physical Damage, including Inland Marine, Property and Workers Compensation. The limit of liability for the General Liability and Automobile Liability coverages were quoted at $1,000,000 with in respect to combined single limits for bodily injury and property damage. The submitted bid contained an annualized premium of $92,541 which included an estimated Workers Compensation refund of $3,989 and property deductibles of $1,000. Excluding the estimated refund and having the deductibles lowered to $250, the revised annualized premium became $97,022. The prorated annual premium for the period of time coverage desired (December 1, 1985 -, October 1, 1986) is $80,852. Finance Director Van Zile then explained each area of increase to the Council, noting that the bid amount exceeded the amount previously budgeted by $6,384 making the following budget amendments necessary: GENERAL FUND: 1. An increase in Insurance, Liabilities and Casualty in the amount of $2,965 and an increase of $1,205 to Workers Compensation Insurance to amend the current year's budget from General Fund Reserves to reflect the premium quoted in the 85-86 Commercial Insurance bid. SANITATION FUND: 2. An increase in Insurance, Liabilities and Casualty in the amount of $445 and an increase of $770 to Workers Compen- sation Insurance to amend the current year's budget from Sanitation Fund Reserves to reflect the premium quoted in the 85-86 Commercial Insurance bid. UTILITIES FUND: 3. An increase in Insurance, Liabilities and Casualty in the amount of $560 and an increase of $439 to Workers Compen- sation Insurance to amend the current year's budget from Utility Fund Reserves to reflect the premium quoted in the 85-86 Commercial Insurance bid. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 12, 1985 Page -7- 85-191 After a brief discussion concerning the fact that only one company bid on the insurance coverage, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT THE BUDGET AMENDMENTS FOR INSURANCE COVERAGE AS LISTED ABOVE. 85-192 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO AWARD THE CITY'S INSURANCE COVERAGE TO ADJUSTCO, INC. OF MAITLAND, FLORIDA , SERVICE REPRESENTATIVE FOR FLORIDA MUNICIPAL LIABILITY SELF INSURERS PROGRAM AND THE FLORIDA MUNICIPAL SELF INSURERS FUND IN THE AMOUNT OF $97,022. There being no further business, the meeting adjourned at 9:50 p.m. R~~p~ ~ Robert A. 0 1, Mayor Attest: , City Clerk