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04-09-1985 Regular Meeting e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 9, 1985 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, April 9, 1985, in the Council Chambers. The Meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Council Member Cole, Council Member Henry, Mayor Pro Tem Turville, and Council Member Huff. Other City Officials present were City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by City Manager Forbes followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Workshop Meeting held March 25, 1985, the Minutes of the Regular Meeting held March 26, 1985, the Minutes of the Workshop Meeting held April 1, 1985 and the Minutes of the Workshop Meeting held April 2, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT DEPARTMENT OF ENVIRONMENTAL REGULATION REPORT It was reported that the City wished to apply for a DER Permit to to install a trilock flexible erosion control system at Jaycee Beach, and allow Public Works Director Smythe to sign the permit application. 85-65 After a brief discussion, A MOTION AS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO HAVE PUBLIC WORKS DIRECTOR SMYTHE EXECUTE THE PERMIT APPLICATION FOR INSTALLATION OF THE EROSION CONTROL DEVICE AT JAYCEE BEACH. COUNTY TRANSPORTATION ADVISORY COMMITTEE It was reported that the County Transportation Advisory Committee was requesting that the City appoint a representative to the Committee. The purpose of this group is to identify specific road improvement projects and construction priorities for Road Impact Fee Funds. Council Member Huff volunteered to be the City's representative on the Lake County Transportation Advisory Committee. LEAGUE OF CITIES MEETING City Manager Forbes reminded the Council that the League of Cities Meeting would be held on Wednesday, April 17, 1985, at the Mount Dora Country Club with dinner being served at 7:00 p.m. BRICK PLANTER City Manager Forbes reported that Mr. Wilkes who lives at 1217 Twelfth Street had constructed a small brick planter on City right-of-way on Chestnut Street. This planter is in violation of City Ordinance 19-48 which requires City approval of plants, rock gardens, etc. being placed on City ROW. Council direction was requested. Several Council Members indicated that they had driven by and looked at the planter and felt that due to its small size, it would not cause any problems. After a brief discussion, it was the consensus of Council e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 9, 1985 Page -2- that the planter could remain where it is. However, if at a future date a problem does arise, Mr. Wilkes may be asked to remove the planter from the City right-of-way. ZONING ORDINANCE REVISIONS It was reported that a meeting would be held with City Staff on Friday at 10:00 a.m. in the City Hall Conference Room to discuss proposed revisions to the City Zoning Ordinance. Council Members who could were asked to attend. Mayor Pool, Mayor Pro Tem Turville and Council Member Huff indicated that they would attend the meeting. COKE MACHINE IN JENKINS AUDITORIUM It was reported that the Chamber of Commerce place a Coke machine in Jenkins Auditorium. that he would like to get some input on this before Council in two weeks. had requested permission to City Manager Forbes stated matter and bring the matter FINANCE DIRECTOR'S REPORT CREDIT UNION Finance Director Saunders asked Council permission for the City to join the Central Florida Educators' Federal Credit Union. The possibility of joining the Credit Union had been discussed during a previous Council meeting, and the majority of City employees were in favor of the proposal. 85-66 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED FOR THE CITY TO JOIN THE CENTRAL FLORIDA EDUCATORS'FEDERAL CREDIT UNION. VISITORS WITH BUSINESS RESOLUTION NO. 496 - REQUEST FOR A CONDITIONAL USE PERMIT FOR 545 WEST DESOTO STREET Mrs. Robert Walker of 545 West DeSoto Street appeared before Council to request a Conditional Use Permit in order to convert an existing bedroom into an insurance office. Mrs. Walker explained that her son was in the insurance business in Mount Dora. Her husband would like to become a representative for her son's agency in their home. A front bedroom would be converted to an office, and the existing window would be removed and a door installed. The property is located in an R-3 Residential/Professional district across from the Health Department Office Building. Mayor Pool asked Mrs. Walker if there would be any problems due to increased traffic from the business. Mrs. Walker stated that traffic should be no problem because most of her son's clients were ranchers and farmers and he goes to them. Mrs. Walker further stated that she would like to have Condition #2 of the CUP changed. Instead of parking on their property, she would like to construct a chip parking lot on the vacant lot to the east of their property. This lot belongs to her sister who, at this time, has given verbal permission to use it. An agreement in writing would be obtained if the request is granted. Mayor Pool called for comments from those present in the audience, and no one spoke for or against the request. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 9, 1985 Page -3- Under Council discussion, Council Member Turville stated that he would prefer to use the vacant lot with wood chips, and not have any concrete in the Walker's front yard. After a brief discussion, it was agreed that Condition #2 would be changed by adding the following: "Permeable parking may be provided with wood chips bordered with railroad ties or another similar material approved by the City Manager. The vacant lot to the east may be used for prking if an easement is obtained from the property owner. The permeable parking must be properly maintained". 85-67 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 496 AS AMENDED. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, COLE, AND TURVILLE, AYE~ AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. LARRY OGDEN - REQUEST FOR OUTDOOR SALES PERMIT Mayor Pool read a letter from Larry Ogden requesting an open air sales permit to place pre-constructed aluminum sheds and U-Haul rental vehicles on Lots 1-7, Block 85 (southwest corner of Seventh Street and Highway 50) zoned C-l Light Commercial for a period of one year. Council Member Huff stated that he believed a year was too long for this type of request, and felt that six months would be long enough. Council Member Turville stated that this request was no different than the previous one heard by Council, and stated that he was against it. 85-68 After some discussion, and due to the fact that Mr. Ogden was not present to answer questions regarding his request, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER UNTIL SUCH TIME AS MR. OGDEN WILL BE PRESENT TO ANSWER COUNCIL QUESTIONS. FINAL READING OF ORDINANCE l66-M, RATE SCHEDULE FOR SEWER SERVICE Mayor Pool explained that because the City is accepting Federal EPA Funds for the expansion of the treatment plant, the rate schedule for sewer service must be set and structured accord- ing to Federal Guidelines. Federal Regulations require sewer rates to be based, in part, on water usage. For a single family home the flat rate would be $13.50 per month with a variable rate of 20 cents per thousand gallons of water used after the first 3,000 gallons, with a maximum variable charge of $3.00. The rates will take effect December 1, 1986, upon completion of the expansion of the waste treatment plant. 85--69 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE NO. l66-M ESTABLISHING A SEWER SERVICE RATE SCHEDULE FOR THE CITY OF CLERMONT WHICH WILL TAKE EFFECT DECEMBER 1, 1986. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, COLE, AND TURVILLE,AYE~ AND MAYOR POOL, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. Because Mayor Pool failed to call for comments from those present in the audience, Council Members Turville withdrew his second to the motion, and Council Member Cole withdrew his motion to adopt the proposed ordinance. -- e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 9, 1985 Page -4- Mayor Pool then called for public comments, and Speedy Wolfe who was present in the audience, asked some questions on the rate schedule. No one else spoke for or against the proposed ordinance. 85-70 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE NO. l66-M ESTABLISHING A SEWER SERVICE RATE SCHEDULE FOR THE CITY OF CLERMONT WHICH WILL TAKE EFFECT DECEMBER 1, 1986. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, COLE, AND TURVILLE, AYE~ AND MAYOR POOL, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. FINAL READING OF ORDINANCE l72-M, REZONING PROPERTY WEST OF DISSTON AVENUE, AND NORTH OF HIGHLAND AVENUE FROM R-l TO R-3 It was reported that Mr. Stephen Vaughn was requesting to rezone property west of Disston Avenue and north of Highland Avenue from R-l Single Family to R-3 Residential/Professional in order to construct 34 apartments for senior citizens. At the March 5, 1985 Planning and Zoning Commission Meeting, the Commission voted 6 to 1 in favor of the request. Mayor Pool called for comments from those present in the audience, and no one spoke for or against the proposed rezoning. Mr. Vaughn's son, Stephen Vaughn, was present to answer any questions. City Manager Forbes pointed out that Items 1 and 12 concerning the density of the project are in conflict because the P&Z has recommended an 8.7 (R-2 requirements) density and Mr. Vaughn has requested 9.8 units (34 units) from the beginning of the project. City Manager Forbes explained the R-2 requirements to Council. Mr. Vaughn stated that FmHA will only allow the 34 units, and that is the number of units needed to make the project financially feasible. Jack Sargent, a member of the Planning and Zoning who was in the audience, stated that during the Planning and Zoning Commission Meeting, the R-3 zoning classification was requested, but it was stated that the R-2 density would be maintained. Buddy Rogers, another member of the Planning and Zoning Commission who was also present, agreed with Mr. Sargent, but stated that he had no prob- lem with the 34 units. Council Member Turville stated that he favored the R-2 density requirements. 85- 71 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE TO ADOPT ORDINANCE l72-M REZONING THE PROPERTY STATED IN THE ORDINANCE FROM R-l TO R-3. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, COLE, AND HENRY, AND MAYOR POOL, AYE. COUNCIL MEMBER TURVILLE VOTED NAY. THE ORDINANCE WAS READ BY TITLE ONLY. RESOLUTION NO. 494, REQUEST FOR CUP FOR A 34 UNIT APARTMENT COMPLEX Continuing the discussion regarding density, Mr. Vaughn stated that the real question was Item #12 in the Resolution which reads that the density of the project shall not exceed R-2 standards, with the R-2 standards allowing fewer units than the 34 requested. Mayor Pool called for comments from those present in the audience and no one spoke for or against the proposed 34 unit apartment complex for the elderly. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 9, 1985 Page -5- Some discussion also ensued regarding if the of the property should be allowed, depending of side and rear property on the site plan. the 17' on the west boundary to remain. 17' western boundary upon the interpretation It was decided to allow City Manager Forbes suggested that only 1.5 parking spaces per dwelling unit be required instead of 2, since the apartment complex will be for the elderly. The Council concurred with this suggestion. 85-72 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE TO ADOPT RESOLUTION #494 AS AMENDED BY DELETING ITEM NO. 12 AND CHANGING THE PARKING REQUIREMENTS FROM 2 PER DWELLING UNIT TO 1.5. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, COLE, AND HUFF AND MAYOR POOL, AYE. COUNCIL MEMBER TURVILLE VOTED NAY. THE RESOLUTION WAS READ BY TITLE ONLY. PLAT APPROVAL FOR HAZELWOOD SUBDIVISION Each Council Member received letters from the City Engineer and City Attorney stating that the plat meets all of the requirements of our City codes and legal requirements. John Hughes and Lawson Wolfe were present in the audience to answer any questions concerning the approval of the proposed Hazelwood Subdivision. Mr. Wolfe explained that they would like to begin constructing homes concurrently with the construction of the public improvements. Mr. Wolfe stated that he had contact various local officials, and they allow homes to be built concurrently with the construction of the improvements. He stated that he felt that the City's past practice of requiring all public improvements to be completed before contruction of homes could begin was unduely harsh. City Manager Forbes expressed his concern that if the City allowed this request, the project might not be completed. He continued that the homes built on Twelfth Street would not be any problem, but internal streets would be. If a home is finished and the streets and sidewalks are not completed, a Certificate of Occupancy cannot be issued. He also stated that a performance bond must be presented according to code. Mr. Wolfe stated that he understood these requirements. City Attorney Baird stated that he would draft an agreement to put aside any Council fears that the project would not be completed. City Manager Forbes reiterated his concern and stated that he wanted to make it very clear that NO CERTIFICATE OF OCCUPANCY COULD BE ISSUED UNTIL THE PROJECT WAS TOTALLY COMPLETED. City Attorney Baird stated that the Plat could be recorded, but a house cannot be built until the agreement is signed. 85-73 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPROVE THE HAZELWOOD SUBDIVISION PLAT AS PRESENTED. At this point, Mr. Wolfe stated that he would like to make a few comments regarding the fact that the City of Clermont's requirements e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 9, 1985 Page -6- on sewer pipe and cul-de-sacs are much more stringent than other cities, and further stated that he felt the Council should investi- gate changing some of these requirements. Alluding to the higher costs of these items, he stated that he was told you have to add $1,000 to the price of a lot for the "Clermont Factor". City Manager Forbes responded that his points were well taken. However, Mr. Wolfe should consider that other items are much more costly outside of Clermont, such as much higher impact fees. BID AWARD - FLUORIDE AND SEMINOLE WELL HOUSING It was ~xplained that two bids had been received for installing fluoride equipment and housing on all City wells, and constructing a well housing for the Seminole Well. City Manager Forbes stated that George G. Nash, Inc. was the low bidder at a grand total for all items requested of $117,500. He further stated that the bid of $42,200 Alternate 1, auxilary drive equipment, was too high, and suggested that this be deleted. The other bidder was Mechanical and Chemical at $153,000. 85-74 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO AWARDTHE BID TO GEORGE G. NASH, INC., DELETING ALTERNATE #1, AND CONTINGENT UPON RECEIVING STATE APPROVAL OF FUNDING THE FLUORIDE EQUIPMENT. STORM SEWER AGREEMENT It was explained that this Agreement 85-13 would clarify the exist- ing easement on property on Lake Sunnyside owned by Lief Zetterlund described as Lot 4 of Block 6, Sunnyside Unit. The Agreement makes the City's intent clear and the City responsible for any maintenance and repairs, and to extend the drainage pipe into the lake. 85-75 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ENTER INTO AGREEMENT #85-13 WITH MR. ZETTERLUND. There being no further business, the meeting adjourned at 9:22 p.m. k-U.~ Robert A. Pool, Mayor Attest: