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03-26-1985 Workshop Meeting e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 26, 1985 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, March 26, 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 Henry, Council Member Huff, Council Member Cole and Council Member Turville. Other City Officials present were City Manager Forbes, City Attorney Baird, Finance Director Saunders and Deputy City Clerk Brandt. INVOCATION The Invocation was given by City Manager Forbes followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held March 12, 1985 and the Workshop Meeting held March 18, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT YMCA Each Council Member had been given a letter from Kathy Asmann, Chair- person, asking permission for the YMCA to rent the Highlander Hut for ten dollars per week for eight weeks beginning June 17, 1985 to conduct a Summer Day Camp. They also agreed that the day camp would not inter- fere with the Boy and Girl Scout Day Camps. 85-57 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THE REQUEST AND ALLOW THE SOUTH LAKE YMCA TO RENT THE HIGHLANDER HUT FOR TEN DOLLARS PER WEEK FOR EIGHT WEEKS BEGINNING JUNE 17, 1985. RECLAMITE PROJECT It was reported that the City's Reclamite Project (asphalt rejuvenator) had begun today. Streets being treated were closed for one hour, and there appeared to be no problems. CLERMONT POLICE DEPARTMENT It was reported that the 1984 Annual Report from the Florida Department of Law Enforcement had been received, and the City of Clermont's crime rate was down 21.9% with a clearance rate of 42.2%. City Manager Forbes then commended the Police Department for a job well done. DEPARTMENT OF NATURAL RESOURCES SEAWALL NOTIFICATION It was reported that two property owners in Emerald Lakes Mobile Home Park had requested permits from the Department of Natural Resources (DNR) to allow the construction of seawalls. City Manager Forbes further stated that the City had fourteen days to file objections to these projects, if there were any. FUTURE LAND USE MAP City Manager Forbes suggested that Workshops be held Monday through Thursday of the following week to complete work on the City's Future Land Use Map. It was also suggested that a Workshop be held on Monday, April 15th to discuss Utility Benefit Fees. After a brief discussion, it was the consensus of Council to hold these Workshops. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 26, 1985 Page -2- CLERMONT URBAN RESERVE AREA MAP City Manager Forbes reported that the East Central Florida Regional Planning Council would prepare a Draft Clermont Urban Reserve Area Future Land Use Map for $5,000. Mr. Forbes stated that he would like this map to coordinate with the County's new Land Use Map. It was the consensus of Council that this work should be completed. 85-58 A MOTION WAS MADE BY COUNCIL MEMBE~ HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO HAVE THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL COMPLETE THE CITY'S CLERMONT URBAN RESERVE AREA MAP FOR A PRICE NOT TO EXCEED $5,000 WITH FUNDS COMING FROM GENERAL FUND RESERVES. COUNCIL MEMBER HENRY'S REPORT RED STOCKING REVIEW Council Member Henry reminded those present to attend the Chamber of Commerce's Red Stocking Review March 29th and 30th. COUNCIL MEMBER HUFF'S REPORT ASPHALT PLANT As liaison to the Lake County Board of Commissioners, Council Member Huff reported that a Mr. Myers had bought 56 acres of land east of Clermont and was going to build an asphalt plant on half of the property containing the old clay pit. The other half would be developed into an industrial park. Mr. Huff continued by stating that the asphalt plant would be well buffered with trees and shrubbery. COUNCIL MEMBER TURVILLE'S REPORT NEWSPAPER DELIVERY Council Member Turville reported that the Lake News was now being delivered in the same manner as the Leesburg Commercial, and asked the City Attorney for a status report on this matter. City Attorney Baird stated that he had written both newspapers letters to stop the practice of throwing unsolicited newspapers in yards throughout Clermont within 30 days. He further stated that he would follow up on this matter and make a recommendation as to what course of action to take during the next Council Meeting. BOB THOMPSON - VARIANCE REQUEST Bob Thompson appeared before Council to request front and rear yard variances on the south 90' of Lot 17, and Lots 18 and 19 of Block 73, City Blocks in order to build an eight unit office building on the property. The front yard variance would be 40', whereas 50' are required, and the rear yard variance would be 12', whereas 25' are required. Mr. Thompson further stated that the offices would be sold, not rented and that all sides of the property would be buffered and an irrigation system installed. Council Member Turville asked if it could not be construed as "property overloading" with the eight units because if you meet the front yard set- back requirements of the zoning ordinance, the results are no back yard. .~ .. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 26, 1985 Page -3- City Manager Forbes stated that the proposed office building appeared to meet all of the City requirements with respect to lot coverage, and could be built with the requested variances. Mayor Pool then read a letter from Robert and Martha Turley, owners of property north of Lot 17, protesting the rear yard setback request. Mr. and Mrs. Turley were present in the audience, and first asked that Mr. Thompson build five office units which would not require any variances. Mr. Thompson stated that for him, it would not be economically feasible to build fewer office units than eight. The Turleys then requested that three smaller offices be built in the area of Lot 17, requiring a 5' variance instead of the 13' requested. No one else in the audience spoke for or against the request. Council Member Huff stated that he believed that the vacant lot to the west must be considered when making any decisions on this property because that property is only 80' wide. Council Member Turville asked City Attorney Baird if there was any merit to Council Member Huff's feelings as stated. City Attorney Baird stated that each individual lot should be considered on its own merit, particularly if the owner of the corner lot owned the property before the zoning ordinance was adopted. The City would be hard pressed not to grant him a variance, if requested. 85-59 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, AND SECONDED BY COUNCIL MEMBER HENRY TO GRANT A FRONT YARD VARIANCE OF 40', WHEREAS 50' ARE REQUIRED, AND A REAR YARD VARIANCE OF 12', WHEREAS 25' ARE REQUIRED. Under discussion, Council Member Turville stated that he took exception to the idea that you must consider the lot next to the property when making a decision on Mr. Thompson's request. He further stated that he believed the office building could be re- positioned on the lot and a variance would not be needed. Council Member Huff called for the question, AND THE MOTION CARRIED A BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY. FINAL READING OF ORDINANCE l70-M, REZONING LOTS 7 & 8, BLOCK I FROM R-l TO R-2. Mr. Ben Blackburn appeared before Council to explain Mrs. Blackburn's request. He stated that Mrs. Blackburn would like the property zoned R-2 in order to subdivide the property for duplex construction. He displayed a highlighted map showing the various zoning areas surrounding the Blackburn property. While displaying the multi-colored map, he stated that he believed that Mr. Langley, who owns property north of the Blackburn property, would request that his property be rezoned from R-l to R-3. In conclusion, he stated that numerous duplexes had been built in the area, and he believed that Mrs. Blackburn's request should be granted. City Manager Forbes stated that a better reason for the rezoning request could be based on creating a buffer between the school and surrounding properties with the R-2 zone, but not based on the map presented by Mr. Blackburn. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 26, 1985 Page -4- City Attorney Baird stated that the big issue is the school. Is it proper to have an R-l zone next to the school? Mayor Pool stated that the area on East Avenue was low density and that the lake and school would act as buffers between the R-l and R-2 zones. Council Member Turville stated that the area is presently zoned R-l and he would like it to remain that way. After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO DENY THE REQUEST. This motion died for lack of a second. 85-60 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE TO ADOPT ORDINANCE l70-M , REZONING LOTS 7 AND 8, BLOCK I FROM R-l TO R-2. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, AND COLE, AYE~ MAYOR POOL, AYE AND COUNCIL MEMBER TURVILLE, NAY. THE ORDINANCE WAS READ BY TITLE ONLY. REFUSE COLLECTION SURVEY 85-61 As directed during the previous Council Meeting, each Council Member was given a proposed Refuse Collection Survey for review. It was the consensus of Council that the survey should be used as presented. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO HAVE THE SURVEY PRINTED IN THE LOCAL NEWSPAPERS AND DISTRIBUTED AT CITY HALL AND TO LOCAL SERVICE CLUBS. After a reasonable period of time, the results will be tabulated and a decision made as to the type of refuse collection service to be provided. INTRODUCTION OF ORDINANCE l73-M, CLOSING A PORTION OF AN UNNAMED STREET ON THE NORTH SIDE OF LAKE WINONA It was explained that Herman and Julia Reed have requested that the City permanently abandon a portion of an unnamed street that adjoins property they own on Lake Winona, described as Lots 1, 2, 3, and 17 of Block 88, City of Clermont. Dennis Horton, Attorney for the Reeds, appeared before Council and explained that his clients wished to sell the property, and the addi- tional land would make the parcel more desirable. However, since the time of the request, the prospective buyers have decided not to buy the property. He further stated that all roads have been closed around this parcel, and that the City does have a sewer line on the property and that an easement would be given the City, if the road is abandoned. There was some discussion concerning not abandoning the road until such time as the property is sold. Mr. Horton stated that if this was the case, it would take another two months to petition for the closing. He would prefer that the Council at least introduce the ordinance at this time, and if they decided not to allow the request, it could be denied during the final reading. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 26, 1985 Page -5- Jack Sargent, who was present in the audience, stated that he does have a prospective buyer for the property, and would like to have the ordinance introduced at this time. 85-,p2 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE l73-M. THE ORDINANCE WAS READ BY TITLE ONLY. EMPLOYEES' CREDIT UNION It was reported that the City had been contact by the Central Florida Educators' Federal Credit Union asking if the City would be interested in joining the organization. Finance Director Saunders explained some of the services offered, and stated that the City of Leesburg recently joined this credit union. It would not cost the City anything to join. After a brief discussion, it was the consensus of Council that they had no objections to the City joining the credit union. It was decided that this matter should be discussed with the employees to receive their input, and brought before Council at a later date. RESOLUTION NO. 495 - FEES FOR WATER METERS AND CONNECTIONS It was reported that fees for new water meter installations should be increased due to the increased cost of materials and labor since the fees were established in 1978. The water meter fees in Section 1 of the Resolution were the only fees to be increased. City Manager Forbes stated that the ordinance could be adopted but not take effect for thirty days. This would allow time for area contractors to be notified of the increased rates for water meters, and consideration given to work in progress. 85-63 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. 495 SETTING FEES FOR WATER METERS AND CONNECTIONS FOR WATER AND SEWER SERVICE. THE RESOLUTION WAS READ BY TITLE ONLY. Council Member Henry left the meeting at this time. VISITORS WITH BUSINESS LOCAL HEADS TART PROGRAM Mrs. Dorothy McGriff of the Lake County Headstart Program appeared before Council to ask the Council to declare May 11, 1985 Headstart Dollar Day in Clermont. She stated that on that day properly identi- fied Headstart Representatives would go door to door to collect funds for the program. Mrs. McGriff then gave a brief outline of the services provided by Headstart in Clermont. It was the consensus of Council that they had no problems with this request, and May 11, 1985 was declared Headstart Dollar Day in Clermont. LAKE HIGHLANDS NURSING HOME Herb Rogers, owner of Lake Highland Nursing Home, appeared before Council to request that he be allowed to have a Certificate of Occupancy for the nursing home before the mansards are placed on the outside of the building. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 26, 1985 Page -6- Mr. Rogers further explained that all inside work is complete and that he has had three inspections on the building since January 9, 1985, and the fourth is scheduled for the end of this week and the beginning of next week. At that time, if HRS approves the building, he would like to move in. All work will be completed before the inspections, except for the exterior mansards. The contractor has one mansard up and will need approximately thirty days to complete the facelift. As long as the building remains unoccupied, it is costing him $1,000 per day in interest payments on his loan. Council Member Turville asked what control the Council would have if the request was granted. City Attorney Baird stated that he had no problem'with the request, and control could be maintained by stating that if the work was not completed in six weeks, Mr. Rogers could be brought before the Code Enforcement Board and fined until the work was completed. 85-64 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOW MR. ROGERS TO OBTAIN A CERTIFICATE OF OCCUPANCY FOR THE NURSING HOME BEFORE THE FACELIFT WORK IS COMPLETED ON THE OUTSIDE OF THE BUILDING AND CONTINGENT UPON PASSING ALL INSPECTIONS FOR THE WORK. IF THE WORK IS NOT COMPLETED WITHIN SIX WEEKS, MR. ROGERS WILL BE BROUGHT BEFORE THE CODE ENFORCEMENT BOARD. Mrs. Henry was not present during the voting on this matter. ABANDONED GARAGE AND TRASH Mr. and Mrs. Turley asked the Council what could be done about the abandoned garage next to their property. Someone was using the building for beer parties and littering the area with cans. City Manager Forbes stated that the City had no jurisdiction over the building unless it was unsound structurally or presented a fire hazard. Mr. Forbes stated that he would investigate this matter further. The Turleys also asked about trash pick up, and Mr. Forbes explained the procedures to follow. There being no further business, A3_~20 Robert A. Pool, Mayor p.m. Attest: