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03-12-1985 Regular Meeting . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 12, 1985 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, March 12, 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: Mayor Pro Tem Turville, Council Member Cole, Council Member Henry and Council Member Huff. Other City Officials present were City Manager Forbes, City Attorney Baird and Finance Director Saunders. INVOCATION The Invocation was given by Bob Hanford followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Workshop Meeting held February 25, 1985, the Minutes of the Regular Meeting held February 26, 1985, and the Workshop Meeting held March 4, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT BUILDING PLANS The City Manager discussed that the City had numerous boxes of old building plans that should be either microfilmed or destroyed. He stated that the City Staff had recommended keeping all commercial and multi-family plans, but destroy plans for residential homes. He further stated that if there were no Council objections, he would like to place ads in the local newspaper requesting that citizens wishing to keep their plans pick them up at City Hall. After a reasonable length of time, the plans will be destroyed. The Council Members stated that they had no objections to this plan. CABLE TELEVISION The City Manager stated that Cablevision Industries of Central Florida were installing cable in the entire Margaree Gardens Subdivision, and that he was very pleased with the cooperation of the new company. LITTER BAGS It was reported that Cathy Kyle was planning to begin a program of offering area businesses litter bags with the City Logo on them. The City will receive 5% of the profits from the program, and the businesses will receive bags with the company name and City Logo on them for their clients. It was further stated, that if there were no Council objections, Mrs. Kyle had requested a letter of intro- duction for this program from the City. It was the consensus of the Council that they would have no problem with the letter of introduction being written. PARKS AND RECREATION PROGRAM The City Manager stated that he had met with YMCA Officials concerning the possibility of having the YMCA conduct the City's Summer Swimming Program. He stated that the YMCA was willing to operate the program, if the City would pay the cost for instructors. The YMCA will be preparing a program schedule and cost estimate for the City. When this is completed, it will be brought before Council for review and action. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 12, 1985 Page -2- CITY ATTORNEY'S REPORT The City Attorney reported that the Clermont Police Department had chosen the Orange County Police Benevolent Association to represent them, and that he would be keeping the Council informed on this matter. COUNCIL MEMBER HUFF'S REPORT SPRAYFIELD Council Member Huff reported that earlier this evening the County had approved the Cityls Conditional Use Permit for the new sprayfield site with a 100' setback. He stated that the City must provide an adequate buffer of hedges and trees, instead of dead citrus trees. Mr. Huff stated that he had spoken with Mr. Matlack on this matter, and he sug- gested a fast growing hedge like Viburnum which must be irrigated, and Red Cedar trees on the east side of the property to replace the dead citrus. It was the consensus of Council that the City must provide an adequate buffer and that the program presented by Mr. Huff would be acceptable. MAYOR'S REPORT RED STOCKING REVIEW Mayor Pool reported that the Red Stocking Review tryouts were being held after the Council Meeting. He personally invited the City Manager and all Council Members to attend. VISITORS WITH BUSINESS MIKE STALLINGS - REQUEST FOR VARIANCE FOR 391 WEST MONTROSE STREET Mr. Stallings was present to speak in favor of this request, and stated that he had two lots each 50' wide and 150' long. He stated that he wished to divide the property into two lots running east and west, each 75' x 100' in order to construct another home on this property. He also stated that he wanted to remodel the existing home on the site. There was much discussion among the Council Members regarding the fact that the existing home was already nonconforming and whether allowing the applicant to construct another home would add to the nonconforming nature of this property. No one spoke in opposition to the request. 85-51 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THIS VARIANCE REQUEST TO ALLOW THE APPLICANT TO REDIVIDE THE PROP- ERTY AND BUILD A SECOND HOME ON THE SOUTH LOT, MEETING ALL CITY ZONING REGULATIONS. RESOLUTION NO. 493 - REQUEST FOR CUP FOR NORTHEAST CORNER OF HIGHLAND AVENUE AND ANDERSON STREET Mr. Steven Richey was present to explain this request, and stated that he was requesting that the October 9, 1984 Conditional Use Permit issued to him be amended to include a new legal description and site plan. He explained that this project has the same number of units as the one previously approved and was being moved to the south in order to make room for another project by Stephen Vaughn. It e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 12, 1985 Page -3- Council Member Turville asked Mr. Richey if he understood that the City's granting this Conditional Use Permit in no way was a precedent for approving a project by Mr. Vaughn. Mr. Richey stated that both he and Mr. Vaughn understood this. 85-52 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED THAT RESOLUTION NO. 493 GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 37 APARTMENT UNITS IN THE R-3 RESIDENTIAL/PROFES- SIONAL ZONE. THE RESOLUTION WAS READ BY TITLE ONLY. OLD BUSINESS FINAL READING OF ORDINANCE l70-M, REZONING LOTS 7 & 8, BLOCK I FROM R-l TO R-2 Mrs. Mary K. Blackburn was present to explain the request and stated that Mr. Ben Blackburn was to be at the hearing to make a brief presentation. Mayor Pool stated that it might be best to wait until the end of the meeting to hear this matter, in order to give Mr. Blackburn time to attend. Mrs. Blackburn agreed, and the Mayor stated that the matter would be heard at the end of the meeting. AGREEMENT FOR DISPATCHING THE SOUTH LAKE FIRE DISTRICT Mayor Pool explained that for several years the City has performed fire dispatching for the South Lake Fire District. The present agreement for this service expires on April 30, 1985. The new agreement is for a period of one year and will increase the fee from $45 to $50 per month. City Manager Forbes stated that he had tried to contact Bill Rauch, President of the South Lake Fire District, several times, but was unable to inform him of this meeting. It was the consensus of Council that because it was a small fee increase, the Council should proceed to act on the matter. If there was any problem with this increase, the Fire District could come before Council at a later date. 85-53 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPROVE AGREEMENT NO. 85-07 FOR DISPATCHING THE SOUTH LAKE FIRE DISTRICT FOR A PERIOD OF ONE YEAR WITH A FEE OF $50 PER MONTH. NEW BUSINESS INTRODUCTION OF ORDINANCE l71-M, REZONING PROPERTY WEST OF DISSTON AVENUE AND NORTH OF HIGHLAND AVENUE FROM R-l SINGLE FAMILY TO R-3 RESIDENTIAL PROFESSIONAL Mr. Steven Richey was present to explain this request and that it was the property he was referring to earlier on the agenda. He had moved his project in order to make room for a second project which would consist of housing units for senior citizens. 85-54 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER HUFF TO INTRODUCE ORDINANCE NO. l7~-M. REFUSE COLLECTION RATES AND SERVICE Mayor Pool explained that in the 1984-1985 Budget the Sanitation Fund is projected to have a net loss of $43,953. He stated that - ~. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 12, 1985 Page -4- due to increasing losses in the Sanitation Fund a rate increase would be necessary. He discussed the fact that the City was investigating different types of collection services and rate schedules in order to determine the most cost effective way for the City to collect garbage. Council Member Huff stated that the collection problem is further compounded by the fact that Emerald Lakes Mobile Home Park wishes to collect its own garbage. This would mean that the City would lose additional revenues for garbage collection. There was some discussion on the possible rates that should be charged and the fact that the City's $6.00/month garbage collection rate for single family homes had not been increased since 1976. Mayor Pool stated that there was a $1 difference between rear and front yard collections at this time, based on the fact that the break even rate for rear yard collection would be $8.68 next year and front yard collection would be $7.55. Council Member Huff stated that there were many options to be considered, including front yard pickup, rear yard pickup, or private collection. Council Member Turville stated that he did not think private collection should be considered at this time since the projected rates for private collection seemed to indicate that the City could collect the garbage just as cost effectively. It was the consensus of Council that before any further action was taken concerning type of collection, a survey for Clermont citizens should be drafted by the City Manager and reviewed by Council before it is distributed. INTRODUCTION OF ORDINANCE l66-M, RATE SCHEDULE FOR SEWER SERVICE Mayor Pool explained that since the City is accepting Federal Environ- mental Protection Agency Funds for the expansion of our treatment plant, our rates must be constructed and set according to Federal Guidelines. Ordinance No. l66-M sets a new rate schedule for the City and will not take effect until December 1, 1986. Under the new rate schedule, the fee for single family homes would be a flat rate of $13.50 per month plus .20 per thousand gallons of water used after the first 3,000 gallons with the maximum variable rate being $3.00. Other User Cate- gories would increase proportionately. This rate increase is neces- sary in order to pay for the treatment plant expansion. 85-55 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE l66-M. FINAL READING OF ORDINANCE l70-M, REZONING OF LOTS 7 & 8, aLOCK I FROM R-l TO R-2 Mayor Pool brought this matter up again for consideration. Mrs. Blackburn appeared before Council to explain the request, since Mr. Ben Blackburn still had not arrived. She stated that she intended to rezone the property from R-l to R-2 in order to divide the property into twenty-seven duplex lots, with a total of fifty-four possible housing units that could be constructed. She continued that they chose the R-2 zoning over the R-l was due to the feasibility of trying to sell the property. Council Member Turville stated that there is no R-2 property e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 12, 1985 Page -5- adjacent to this site, and he believed that the City would be creating an island. He stated that he was also concerned that if the property was R-2, then abutting property owners would want R-3, and he did not believe the whole east side of town should be zoned multiple family. Council Member Huff stated that this would set a poor precedent, and since none of the adjacent property was zoned R-2, it could look like spot zoning. Mrs. Blackburn stated that she believed that there was R-2 zoning in the area because duplexes were recently constructed on the corner of Pitt Street and East Avenue. She further stated that she felt the R-2 zoning would act as a buffer because it is next to the High School. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER HUFF TO DENY THIS REQUEST. After some further discussion, it was pointed out that possibley this matter should be tabled until Mrs. Blackburn found adequate representation to explain the request. For this reason, COUNCIL MEMBER HUFF WITHDREW HIS SECOND TO THE MOTION AND THE MOTION FAILED FOR LACK OF A SECOND. 85-56 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO TABLE THE MATTER UNTIL SUCH TIME AS IT IS PLACED ON THE AGENDA BY THE CITY MANAGER. CITIZEN COMMENTS AMOS THOMAS Mayor Pool asked if anyone wished to address the Council, and Mr. Amos Thomas stated that he wished to speak before the Council. He explained that he had received a letter from the City Manager request- ing that he no longer operate a car repair shop on his property located on Montrose Street, just west of Jimmy Jackson's. He stated they were not repairing cars there, but that some of his friends had broken down and only two cars were repaired there. He stated that the cars will be removed from the property. City Manager Forbes stated that there were between ten and fifteen vehicles on the property when he looked at it, and he had personally seen engines being pulled from vehicles. Mr. Thomas stated that he wanted the Council to know that this was not what was going on on his property, but he simply had some of his own vehicles parked on the property. Mayor Pool thanked Mr. Thomas for his report, and stated that Council Members would be driving by the property in question to take a look at the situation. FLOYD WILKENS Mr. Floyd Wilkens stated that he also wished to address the Council. He stated that Mr. Casson had sent him to the Council Meeting to represent him concerning tours. He continued by stating that it would economically assist the City, if Gray Line buses could bring -.:.:.- e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 12, 1985 Page -6- people from Orlando to Clermont to see the Citrus Tower and historical homes in Clermont. He again stated that he felt that this would be a big economic boost to Clermont. Mayor Pool apologized for not bringing up this matter, but explained that he could not decipher the letter he had received from Mr. Wilkens. Council Member Huff stated that the City could not act on this matter at this time, but if Mr. Wilkens wished to write a proposal for all of the Council Members to consider, he would be glad to review it. Mr. Wilkens then requested that his letter be returned and stated that he would get it typed, but that was a problem because he had no typist. He then asked the Mayor if he could have a ride home. There being no further business, the meeting adjourned at 8:45 p.m. R~~{dy~ ATTEST: ~~ ~~",~.L. -' YN SAUNDERS, CITY CLERK