09-24-1985 Regular Meeting
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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
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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.
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September 24, 1985
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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.
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September 24, 1985
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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.
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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
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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.
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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.
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Attest:
~afzK:My Clerk