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09-24-1985 Regular Meeting e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 24, 1985 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, September 24, 1985. The meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Cole, Council Member Henry and Council Member Huff. Other City Officials present were: City Manager Saunders, City Attorney Baird, 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 September 3, 1985 Special Council Meeting were approved as presented. REPORTS CITY MANAGER'S ELECTIONS City Manager Saunders announced that there would be a Primary Election on October 8, 1985 and the General Election would be held on November 5, 1985. COUNTY WIDE FIRE PROTECTION It was reported that the County had accepted the City's proposed map of the area to be served by the Clermont Fire Department, except for the area west of the Tampa Bridge. The County will be sending a formal agreement to be executed by Council at a later date. The City will receive approximately $13,000 income from the district for the first year. TELEPHONE 904 AREA CODE DISTRICT It was reported that the City had received a copy of the procedure to follow in order to change the 904 area code district. It was learned that the County Board of Commissioners must initiate the proceedings, and the matter will be brought up at the next County Commission Meeting. The City of Clermont would like the boundary of the 904 area code extended to the Orange County line. APPRAISALS FOR THE LAKE WINONA PROPERTY As directed during the last Council Meeting, City Manager Saunders reported that he had met with a licensed MAl appraiser to discuss the appraisal of City owned property on Lake Winona between Settle Street and Margaree Gardens. It was reported that a full blown appraisal, which would be similar to an inverse condemnation pro- cedure, would cost $2,500. However, the appraiser will give an opinion of value of the property for approximately $800 - $1,000. City Manager Saunders then stated another alternative would be to obtain an appraisal from a local appraiser not holding an MAl designation. Council Member Turville stated that he was definitely opposed to obtaining just an "opinion". Mayor Pool stated that he favored obtaining the MAl opinion because the dollar figure of the value of the property is important to the City. City Attorney Baird explained that the property posed a difficult e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 24, 1985 Page -2- problem because it was non-usable by anyone else. The only people affected are those who live across the street. He directed the Council to think of the procedure in reverse - if the City was trying to take it from the property owners. Mr. Baird concluded that the opinion of an MAl appraiser would be as close to a full blown appraisal as you can get. Council Member Turville asked if this matter would be an agenda item after the appraisal was completed. It was stated that it would. It was also asked who the MAI appraiser was. Mr. Saunders stated that he had talked with Paul Roper of the firm of Clayton and Roper, which has done appraisals for the City in the past. 85-1~After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY, TO HAVE THE FIRM OF CLAYTON AND ROPER GIVE AN OPINION OF VALUE OF THE CITY OWNED PROP- ERY LOCATED ON LAKE WINONA. COUNCIL MEMBER COLE'S REPORT Council Member Cole asked City Manager Saunders when the ditch on Highland Avenue would be repaired. Mr. Saunders stated that it should have been filled in this afternoon, but if it was still open, it would be taken care of the following day. MAYOR POOL'S REPORT ELECTION Mayor Pool reported that the following people had qualified for the upcoming election: Ann Delamater, Ann Dupee and Don Huntington for Seat IV and Hal Turville and Jo Cunningham for Seat II. There will be a Primary Election to decide who will stand for election to Seat IV on October 8, 1985. Mayor Pool wished all of the candidates good luck. OLD BUSINESS YMCA POOL Ed Augustine, Kathy Asmann and Randy Bugos were present represent- ing the South Lake YMCA. Ed Augustine, acting as spokesman for the group, stated that the YMCA wished to lease the Highlander Hut property from the City and build a Junior Olympic sized swimming pool and related facilities. He further stated that the other groups presently using the building could continue to do so, and the YMCA would act as the booking agent. City Attorney Baird reiterated what he told the Council during the September 10, 1985 meeting by stating that in his research, it was found that the Highlander Hut property was given to the City with a deed restriction that the land be held for public park purposes. It would have to be determined if leasing the property to the YMCA would be allowable under the restriction. The City could file for a declatory judgement in Circuit Court for determination, with court costs ranging from $800 to $1000, or try to locate the heirs to the property for approval. It was pointed out that if the entire project would materialize, and that if for some reason the YMCA would go under, the pool would become property of the City. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 24, 1985 Page -3- Mayor Pool told the representatives of the YMCA that the City was interested in the proposal, but the final decision should be contingent on (1) a favorable judgement from the Circuit Court, and (2) submission of favorable plans for the building, pool and related facilities. 85-16iAfter some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED THAT THE CITY APPROVE THIS REQUEST CONTINGENT UPON A FAVORABLE JUDGEMENT OF THE CIRCUIT COURT AND THE SUBMISSION OF ACCEPTABLE PLANS FOR THE PROJECT. Court proceedings were to be initiated immediately. NEW BUSINESS REQUESTED AMENDMENT TO THE LAND USE'ORTION OF THE COMPREHENSIVE PLAN George Hovis, representing Mr. Getzon Beach and others, appeared before Council to request an amendment to the City's Land Use Map criteria by increasing the allowable density for property designated NED-5 located north of Minnehaha Avenue, east of Bowman Street and west of Bloxam Avenue from 8 units per acre to 12 units per acre. It was explained that due to a conflict of interest, Council Member Huff would abstain from discussing or voting on this matter. Mr. Hovis continued by stating that in order for it to be economically feasible for the developer to build his proposed project, the larger density per acre was needed. Mr. Hovis then explained that the project would be a Planned Unit Development of affordable housing for the elder- ly. The location is ideal for this type of development because of the close proximity to banks and shopping. The development would create a buffer from the Commercial zone on the north to the R-lA Residential zone to the south. Mr. Hovis stated that he had letters from several Real Estate Agents favoring the proposed development. Council Member Turville stated that he believed that with the R-lA property next to the property, it was best to keep the property classified as R-2 with a density of eight units per acre. Mr. Turville continued by stating that the Land Use Map is less than three months old, and it would hardly be justifiable to change it now. An amendment to the map or its criteria is, in effect, a change to the Comprehensive Plan. City Manager Saunders stated that he had received five calls opposing an increase in density. He also explained that the plan may be amended twice a year and the procedure for amendment is the same as for the initial adoption. If the Council wishes to consider an amendment, the Planning and Zoning Commission must be directed to develop the requested amendment and conduct the required public hearing. Mayor Pool stated that he believed the quality of life goes down when more people are impacted into an area, and that the City wanted quality growth, not uncontrolled growth. Denise Mann and Mrs. Olson who were present in the audience both stated that they objected to an increase in density on the site and the proposed project as stated. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 24, 1985 Page -4- Jay Vander Meer, a local Real Estate Agent, spoke in favor of the proposed project and density change. He further stated that, as a developer, he had learned that older people enjoy being closer together, and that this site was ideally situated to be developed with the greater density because it was located in a good access area. After much discussion, City Attorney Baird pointed out that if the maximum density was changed to 12, it would not mean it would be that. After the density was changed, the developer would still have to request a CUP or PUD or rezone, and the Council would ultimately decide what density would be allowed. 5 85-l6~After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO DENY THE REQUEST TO AMEND THE LAND USE MAP OF THE COMPREHENSIVE PLAN BY INCREASING THE ALLOWABLE DENSITY FOR PROPERTY DESIGNATED NED-5 TO TWELVE UNITS PER ACRE. COUNCIL MEMBER HUFF ABSTAINED FROM VOTING ON THE REQUEST DUE TO A CONFLICT OF INTEREST. RESOLUTION NO. 509 - ESTABLISHING ZONING CLEARANCE PROCEDURE FOR ACQUISITION OF BUILDING PERMITS City Manager Saunders explained that this Resolution would put into writing the procedure which has been followed since all building permits and inspections were turned over to the County a few months ago. Contractors are required to obtain zoning clearance from the City prior to obtaining a building permit from the County office. City Attorney Baird pointed out that if fees are paid at the time of the zoning clearance request, and the building permit is not taken out within the required ten days, then the fees should be refunded. The Council agreed that a provision for refunding should be included in the Resolution. 85-16fA MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 509 AS AMENDED BY THE ADDITION OF "ALL APPROPRIATE FEES WILL BE REFUNDED IF PERMIT HAS NOT BEEN ISSUED" TO THE END OF ITEM NUMBER THREE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, COLE, HENRY AND HUFF, AYE~ AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITILE ONLY. ELECTION BOARD It was reported that the following people had agreed to serve on the Election Board for the City's Primary Election to be held on October 8, 1985 and November 5, 1985 General Election. Hilda McCown, Clerk Adelbert Evans, Deputy Machine and Book Inspectors: Ella Mae Sheldon Goldie Wilson Frances Oswalt Millard Coggshall Florence Herda Betty Konsler ? The Board Members will be paid $3.75 per hour. 85-16& discussion, A MOTION WAS MADE BY COUNCIL MEMBER BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED PEOPLE LISTED ABOVE TO THE 1985 ELECTION BOARD. After a brief COLE, SECONDED TO APPOINT THOSE e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 24, 1985 Page -5- LAKE COUNTY ECONOMIC DEVELOPMENT COUNCIL Jack Pae, Executive Director of the Lake County Development Council, appeared before Council to invite the City to join the organization and answer any questions the Council might have. Mr. Pae explained the purpose of the organization and stated that the Council had helped five new businesses locate in the Clermont area over the past two years. The membership fee for the City would be $1,399.50 for one year. Council Member Huff, the City's Representative to the Economic Council, stated that he believed the County needed a coordinated effort to bring industry to the area because Lake County can no longer rely on citrus and tourism as sole sources of income, as evidenced by the recent freezes which devastated the citrus industry. City Attorney Baird pointed out that the City does not fund the Chamber of Commerce, and therefore should not fund a similar organization. City Manager Saunders stated that the City could give a donation to the Chamber of Commerce, and they could join for a membership fee less than that of the City's. Council Member Turville expressed his concern that it appeared from the fee structure that the smaller cities were subsidizing the larger cities and most of the industry which had come to the County was located in the Leesburg area. Joseph Washuta, a member of the Clermont Chamber of Commerce, stated that he felt that the City should support the Chamber first, and then the Economic Development Council. It was also stated that the Chamber already belonged to the Development Council. 85-1~After some further discussion concerning how the membership rate charged to cities was' arrived at, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A THREE TO TWO VOTE WITH COUNCIL MEMBER HUFF AND MAYOR POOL VOTING NAY, TO SUPPORT THE ACTIONS OF THE LAKE COUNTY DEVELOPMENT COUNCIL, BUT NOT, AT THIS POINT IN TIME, GIVE FINANCIAL SUPPORT. CITY ATTORNEY EMPLOYMENT AGREEMENT It was explained that the employment agreement with the City Attorney expires on October 1, 1985. It was pointed out that the only change in the agreement for Fiscal Year 1985-1986 is on Page 2, Item 3, the Retainer Fee which was increased to $750 per month. ~ 85-165 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO AN EMPLOYMENT AGREEMENT WITH ATTORNEY LEONARD BAIRD, JR. FOR THE 1985-1986 FISCAL YEAR. There being no further business, the meeting adjourned at 9:55 p.m. R~ (tp~ Attest: ~afzK:My Clerk