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08-11-1987 Regular Meeting e e REGULAR COUNCIL MEETING August II, 1987 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, August 11, 1987, 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 Dupee, Council Member Huff, Mayor Pro Tem Turville, and Council Member Cole. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Brandt~ INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Workshop Meeting held July 16, 1987, the Workshop Meeting held July 21, 1987, and the Regular Meeting held July 28, 1987 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT FLORIDA FREE WHEELERS BICYCLE RACE Mr. Saunders reported that he had received correspondence from the Florida Free Wheelers Bicycle Club asking permission to use the pavilion at Jaycee Beach as the starting and ending point for their 100 mile race to be held on November 20, 1987. The letter stated that they would furnish their own liability insurance and portable toilets for the event. 87-152 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE REQUEST. UNIVERSITY OF FLORIDA POPULATION ESTIMATE It was reported that the University of Florida population estimate for the City of Clermont as of April 1, 1987, was at 6,379. INTERLOCAL PLANNING AGREEMENT City Manager Saunders reported that he had talked with the County Planner, Michael Szunyog, and, as directed by Council, Item H4 of the Joint Planning Agreement had been corrected to provide for joint preparation of the Comprehensive Plan for the joint planning area. SPECIAL BUDGET HEARING It was reported that the Public Hearing for the proposed budget and millage rate for Fiscal Year 1987 - 1988 would be held on Wednesday, September 9, 1987, at 8:00 p.m. in the Council Chambers. COUNCIL MEMBER DUPEE'S REPORT CABLE TELEVISION SERVICE In commenting, Mrs. Dupee asked Council Member Huff if he was aware of the notice that had been placed on the bulletin board at Emerald Lakes Mobile Home Park. She further reported that the notice stated that if anyone was having problems with cable television service, e e REGULAR COUNCIL MEETING August 11, 1987 Page -2- they should contact Council Members Dupee or Huff and that their telephone numbers were listed. Council Member Huff stated that he was aware of this matter. COUNCIL MEMBER COLE'S REPORT CHESTNUT STREET PARK Council Member Cole asked if the boy who bought and placed the basketball net at Chestnut Street Park could be reimbursed for the purchase. City Manager Saunders stated that he did not know who the young man was, but if he would submit a receipt for the purchase, he would be reimbursed. JUNIOR HIGH SCHOOL PARK Council Member Cole asked if the curfew hours could be enforced at the Junior High School Park, and that signs stating "No Alcoholic Beverages Allowed" be placed in the park before the situation at the park gets out of hand. City Manager Saunders stated that he would take care of this matter. VOLLEYBALL NET FOR JAYCEE BEACH Mr. Cole also requested that a volleyball net be purchased for Jaycee Beach and that someone be responsible for putting the net up and taking it down on a daily basis. City Manager Saunders stated that he would also take care of this matter. MAYOR POOL'S REPORT Mayor Pool reminded the Council of the upcoming election to be held on November 3, 1987 for Council Seats II and IV. If needed, a primary election would be held October 6, 1987, with qualification beginning on September 4th and ending on September 21st. VISITORS WITH BUSINESS At this point in the meeting Council Member Dupee received a message and excused herself from the meeting. RICK WEBER - FRONT FOOTAGE VARIANCE. REQUEST Mr. Rick Weber appeared before Council to request a variance to the required front footage of 100' to 80' for construction of a home on Lot 365, Orange Park Subdivision in an R-l-A district. Mr. Weber explained that the lots were platted prior to the zoning ordinance, and most of the lots in the area had 80' frontages. City Manager Saunders agreed, and stated that all of the homes on First Street but one had 80' frontages. At the time of the passage of the zoning ordinance Lots 362, 363, 364, 365 and 366 were all under one ownership, and in 1981 Lot 366 was sold and a variance granted for a front footage of 80'. Ross Mc Cardell and Sterling Fry, who live in the neighborhood, both stated that they favored granting the request. A letter from another neighbor was also presented favoring the request. 87-153 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED WITH COUNCIL e e REGULAR COUNCIL MEETING August 11, 1987 Page -3- TOM .DOUGHERTY ,REAR -,YARD ,VARIANCE REQUEST Tom Dougherty, a Lawyer representing Suzanne Spataro of 901 Linden Street; appeared before Council to request a rear yard setback variance to build an above ground swimming pool IS' from the rear property line on Lot 1 and part of Lot 2, Block 102 of Indian Hills Subdivision~ Mr. Dougherty explained that an erroneous survey had been used~ and that his client really wished to build the pool with- in 10' of the rear property line where a 25' setback is required. City Attorney Baird advised that the IS' rear yard setback had been advertised, and that Council could only consider that request at this time: Mr. Dougherty stated that he would proceed with the request as originally stated: Mr: Dougherty then informed the Council that the property located at 901 Linden Street sloped from front to back and west to east, and that some of the pool would be built in the ground and part would be above grade. Council Member Huff asked how much would be above ground, and Mr: Dougherty replied that approximately 30" would be exposed on the east side and 6" or less would be exposed on the west side of the pool: It was also stated that the pool would not extend into the rear yard setback any farther than the existing gazebo, and the the Spataros wished to utilize their existing deck to the north so they would not have to step down into the pool, and that they did not want to have the pool positioned so that steps would have to be built down to the pool. Mayor Pool stated that opposition to this request had been expressed by R:M: Frye, Evert Wahls and Doc Jones, all of whom live in the neighborhood~ Much discussion ensued concerning the placement of the pool in the rear yard, with Mayor Pool explaining how it could be con- structed so as to appear to be an in ground pool. 87-154 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE~ ,SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED, WITH COUNCIL MEMBER DUPEE NOT VOTING DUE TO HER ABSENCE, TO DENY THE REAR.YARD SETBACK VARIANCE REQUEST FOR AN ABOVE GROUND POOL LOCATED-AT.901..LINDEN-STREET: UNF INl SHED ,BUSINESS FINAL-READING OF ORDINANCE 185-M It was explained that the ordinance would provide for the removal of shopping carts from public property. During the introduction of the ordinance~ which occurred June 9, 1987, those merchartts effected by the ordinance asked that they be given a chance to pick up abandoned carts throughout the City before any final action to adopt the ordinance was taken. Subsequently, those merchants have hired a man to pick up the carts on a daily basis. City Manager Saunders reported that everything seemed to be working out~ and that there had been no complaints concerning the carts~ e e \ \ \ -.."", "\ REGULAR COUNCIL MEETING August 11, 1987 Page -4- Council Member Cole concurred and stated that the problem had improved by 95%. Council Member Dupee returned at this point in the meeting. After a brief discussion concerning tabling the ordinance, Mayor Pool emphasized that the Ordinance would be back on the agenda for future action, if the merchants did not continue to pick up the carts. 87-155 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO TABLE ORDINANCE l85-M INDEFINITELY. NEW, BUSINESS REVOCATION OF CONDITIONAL USE PERMIT - HILLSIDE VILLAS , ICO, INC. City Manager Saunders presented the following information as background to the consideration of revocation of the Conditional Use Permit granted to Initial Capital Outlay, Inc: The Planning and Zoning Commission at their meeting held Tuesday, August 4th, voted unanimously to recommend revocation of the Conditional Use Permit granted for this project. On September 14, 1983, Initial Capital Outlay, Inc. was granted a Conditional Use Permit for a Planned Unit Development of 92 Condo- minium Units to be located on Grand Highway. A development permit for site preparation was issued on September 12, 1984. Work on the project since that date has been sporadic, and as of this date, almost three years later, site work has not been com- pleted and a development permit for construction has not been obtained. Several different contractors have been involved on the project and have left the project for various reasons. . In March of 1986 the City met with a representative of ICO, Inc. and discussed specific problems with the project, the main problem being lack of progress. On March 31, 1986, a letter regarding that meeting was sent to Dr. Owen D. Fraser, President of ICO, Inc. That letter included specific requirements in order for his project to continue. He was informed that failure to meet the requirements would result in referral to the Planning and Zoning Commission and the City Council for revocation. The requirements were met and work re- sumed only to cease after a few weeks. For the next few months the work was sporadic with little progress. In February of 1987 a new project coordinator and contractor became involved and a permit for infrastructure was approved, but no further progress was made on the project. On June 23, 1987, I informed ICO, Inc. that due to the lack of prog- ress on the project, the Conditional Use Permit was being referred to the Planning and Zoning Commission and the City Council for revocation. Within a week a new contractor was on the job. However, on Friday, July 24th, work stopped again and had not resumed until today. - - e REGULAR COUNCIL MEETING August 11, 1987 Page -5- Mr. Saunders went on to explain that Article VI, No. (9) of the City's Zoning Ordinance states that if development actions required by the grant of a Conditional Use Permit are not taken within any time limits set in the Conditional Use Permit, the Planning and Zoning Commission shall review the circumstances and recommend to the City Council that: A. Revised time limits be set; or B. That the grant of Conditional Use be cancelled. City Manager Saunders concluded by stating that he felt the City had given ICO, Inc. every opportunity to perform during the past four years, and that the $30,000 cash performance bond the City was holding could be utilized to reclaim and restore the site. Dr: Fraser, who was present in the audience, then spoke concerning his project~ He began by stating that he had difficulties in dealing with several of the contractors doing site work, and in one case he had to take the contractor to court in order to get his money back. After briefly outlining the problems with the project, Dr. Fraser stated that presently they would be laying sod and testing the water lines, and as soon as those were approved they would put in the roads. He then asked for sixty days to complete the site work. He also introduced Clyde Plummer as the marketing director for the project and Fred Plummer as the contractor. Council Member Huff asked if there were any liens on the project, and Dr. Fraser stated that there were none. Mr. Huff also asked what would be done within the next sixty days. Dr. Fraser stated that the water and sewer lines and the roads would be completed and the sidewalks finalized. Dr. Fraser was also asked why the latest contractor had stopped work on July 24th, only to resume work today. Dr. Fraser stated that a procedural mixup had occurred, and the contractor had not given him the 10 day advance notice needed for payment. He further stated that this problem had been straightened out and he anticipated no further payment problems. Mr. Wolcott, Dr~ Fraser's project coordinator, also spoke, relating much of the same information as presented by Dr. Fraser. Council Member Cole expressed his concern for water runoff at the site, and Dr. Fraser stated that the project had been re-engineered to carry the runoff to retention areas, and not down the street as was in the original plan. Council Member Dupee expressed her concern that the project might never be completed and asked if the City could require another performance bond or a bond for each phase to be completed. City Attorney Baird advised that as long as they were working on the project, the City should give them an opportunity to stay on schedule, and if at the end of thirty, sixty or ninety days, or whatever time limit was chosen, they were not performing properly, the matter could be brought back before Council. 87-156 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION IN ORDER TO ALLOW TIME FOR COMPLETION OF THE WORK IN PROGRESS. - e REGULAR COUNCIL MEETING August 11, 1987 Page -6- INTRODUCTION OF ORDINANCE l84-M City Manager Saunders explained that the Growth Management Act adopted by the State of Florida allows a municipality to amend its Comprehensive Plan twice a year, and the City of Clermont had chosen the first meetings of February and August as the two dates per year to hear amendment requests, and that this was a public hearing concerning the proposed amendments. The first amendment request considered was as follows: Amendmen t III ~ Amend the adopted Future Land Use Map by changing the following described property from Land Use Designation ERD-7 to ERD-8: Lots 5 and 18 and the east 1/2 of Lots 6 and 17 of Block 8. Located at 172 East Highland Avenue. This is located in the first block east of East Avenue. City Manager Saunders explained that Mr. Marino Thomas had requested this amendment as the first step in rezoning the property from the current R-2 status to R-3 which would allow professional offices in this area. Mr. Saunders then recommended that the if Council con- sidered professional offices an appropriate use for this area, the entire Block 8, north of Highland Avenue be included in the change to ERD-8. To change only Mr. Thomas's property which is located in the middle of the block would be inappropriate. It was further explained that Block 8 is abutted by existing ERD-8 designated property on the east, the cemetery on the north, C-I property to the west and a city owned strip and Highway 50 to the south. It was also reported that the Planning and Zoning Commission recommended that all of Block 8 be changed from ERD-7 to ERD-8, and that the City had received a petition signed by owners representing approximately half of the total property in the area supporting the change. Mayor Pool called for comments from those present, and Tony Ridge, Bill Holder, Nell Hunt, Virginia Dortch and Darryl Ladd spoke in favor of the proposed change. Council Member Huff stated that he also favored the proposed change. Council Member Dupee also favored the change, but expressed concern that if office or commercial development occurred along the strip, something would have to be required to buffer the cemetery from such development. Amendment In. Amend the criteria for the Land Use Designation NED-2 to include Professional Offices as a permitted land use. - e REGULAR COUNCIL MEETING August 11, 1987 Page -7- City Manager Saunders again explained that Mr. Keith Hogan, owner of the north lOOt of Lots 11, 12 and 13, in Block 74 had requested this change in order to be allow~d to build a professional office. All of the property in the NED-3 area is currently zoned R-3, which normally allows professional offices under a Conditional Use Permit. The Comprehensive Plan designation of NED-3, however, does not allow professional offices. By making this change the property would revert back to its status before the adoption of the Comprehensive Plan. The NED-3 area is basically west of Fifth Street, north of Broome Street and runs north to Lake Minneola, with an irregular western boundary of the EBD-l or Central Business District area. Mr. Saunders further explained that it was was the consensus of the Planning and Zoning Commission that there was a need for Professional Office space near the Central Business District to help support the downtown area, but they felt that Lake Avenue would be a better division line than Fifth Street, and their recommendation was to create two new areas designated NED-7 and NED-8 which would be the two sections of NED-2 located west of Lake Avenue and to keep the permitted uses the same as NED-2, with the addition of Professional Offices: Mayor Pool then called for comments from those present in the audience. Darryl Ladd stated that he wished to build a professional medical building on the southeast corner of Seventh and Broome Streets, and favored any change which would allow him to apply for a Conditional Use Permit to construct the building. Mr. Hogan was also present and stated that he favored the change. Nilsa Whitehead stated that she favored changing the land use designation for the southern half, but wished to leave the northern part as is. No one else.spoke for or against this amendment. Mayor Pool stated that he preferred not to consider any change for the northern section because it was primarily the old residential area of Clermont, and contained only one beauty shop, which had been there for many years, and the library parking lot. It was the consensus of Council that the southern section would be more condusive to the development of professional offices as it already contained a professional office located across from the hospital and the First Methodist Church, and that only this area located west of Lake Avenue and south of DeSoto Street should be changed to include professional offices. Council Member Turville asked that letters be sent to all of the property owners in the southern section notifying them of the proposed change. City Manager Saunders stated that this would be done before the final public hearing. Amendmen t fJ3 ~ Amend the Future Land Use Map by changing the following described property from Land Use Designation NED-5 to EBD-2. Lot 4, Forty Pines Subdivision Mr. Saunders explained that Mr. George Gallup, owner of Lot 4, in Forty Pines Subdivision was requesting this change which would allow this property to be considered for rezoning from R-2 to C-2. Mr. Gallup's property is located on the southeast corner of the e e REGULAR COUNCIL MEETING August 11, 1987 Page -8- intersection of Bloxam Avenue and Magnolia Street, and is abutted on the north by Magnolia Street and C-2 Zoning (Chain-O-Lakes Auto Parts)~ on the east by Bloxam Avenue and C-2 Zoning (Winn-Dixie). On the south and west, the property is abutted by R-2 property which is developed as single family residential. . Mr. Saunders further explained that the Planning and Zoning Commission had recommended that Lots I, 2, 3 and 5 be included in the change from NED-5 to EBD-2. Presently the area is zoned R-2 and the NED-5 designation restricts the area to residential only. Lot 1 is developed single family, Lot 2 as a duplex, and Lots 3 and 5 as single family. Mr. Saunders then recommended that the Council consider changing only Lot 4 and stated that although the Council could still control development of the area through zoning, the entire section could at some point be zoned C-2 if changed to the EBD-2 classification, and this would place commercial use onto Minnehaha Avenue which presently is developed only as residential west of Bloxam Avenue. Mr~ Gallup then explained that the area was becoming too noisey with rock trucks coming from Hook Street, up Bloxam Avenue to Minnehaha Avenue. He also stated that many trucks were stopping at the Circle K, which is next to the auto parts store, during early morning hours. In conclusion, Mr. Gallup stated that he would like to sell his home and move to a quieter neighborhood, but that no one would buy it as it is presently zoned. Mayor Pool called for comments from those present, and Nell Hunt stated that she favored Mr~ Gallup's request. Council Member Turville stated that he favored the request, but only for Lot 4. Council Member Huff stated that he believed that this was a classic example of how zoning effects the value of a piece of property. He stated that the property was zoned R-2 but being devalued because the highest and best use would be for commercial development. Jay Van Der Meer stated that the zone cannot expand west or south, so Mr. Gallup's house could act as the buffer between zones. If the house were turned into a professional office, it would not be detrimental to the neighbors. Rick Weber stated that he favored the Planning and Zoning Commission's recommendation to change all of the lots and stop there. Mrs. Gallup stated that all of the residential property in the immediate vicinity of their home was rental property, with the exception of their home and one belonging to Mr. John Mc Farland. After a brief discussion, it was the consensus of Council to only include Lot 4 in the proposed amendment. ;;.;.;;..;;;;.- . e REGULAR COUNCIL MEETING August II, 1987 Page -9- 87-157 There being no further discussion of the proposed amendments, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO INTRODUCE ORDINANCE 184-M, AS ,AMENDED .IN ITEM #2 TO INCLUDE PROFESSIONAL OFFICES IN NED-2 IN BLOCK..74; THE SOUTH ,HALF OF, BLOCK 75, AND IN BLOCK 83" CITY BLOCKS: THE. ORDINANCE WAS READ BY TITLE.ONLY BY MAYOR POOL. Mayor Pool announced that a second public hearing would be conducted following State review of the proposed amendments: RESOLUTION H560 City Manager Saunders explained that the City's Bond Ordinance requires a Utility Fund Budget to be adopted 45 days prior to the beginning of the new fiscal year: Resolution H560 would approve a preliminary Utility Fund Budget as discussed during the budget workshops; with a final budget being adopted in September: Mr: Saunders also stated that there would be no increase in water or sewer fees for the coming year: 87-158 A MOTION ,WAS ,MADE BYCOUNCIL.MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT-RESOLUTION #560 ESTABLISHING A PRELIMINARY UTILITIES FUND BUDGET-FOR.THE ,CITY OF CLERMONT FOR FISCAL YEAR 1987-l988. THE . RESOLUTION ,.WAS, . READ, BY MAYOR POOL BY TI TLE ONLY. . BUDGET. AMENDMENT Finance Director Van Zile explained the Federal Revenue Sharing Program had been discontinued, and that this budget amendment would reallocate $15~430 of Federal Revenue Sharing Funds that have not been expended, and that these funds must be spent in the current year or forfeited: Each Council Member was presented with a schedule of Capital Outlay items that had been requested to be included in next year's budget that will be purchased from the amended Federal Revenue Sharing Budget. All items were reviewed during a work- shop meeting: 87-159 After a brief discussion; A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT THE BUDGET AMENDMENT TO THE.FISCAL YEAR 1987 FEDERAL REVENUE SHARING BUDGET.IN THE AMOUNT $15.,430. . There being no further business or discussion; the meeting adjourned at 9:10 p:m: ~~~~ Ro ert A. Poo , Mayor. Attest: ~E~ . e . Van Z', Finance Director