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03-24-1992 Regular Meeting® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 24, 1992 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, March 24, 1992 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Turville, Council Member Cole, Council Member Norquist, and Council Member Ivey. Other City Officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, and Deputy City Clerk Brandt. IIWOCATION The Invocation was offered by Council Member Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINU'T'ES The minutes of the Regular Meeting held March 10, 1992 and the Workshop meeting of March 3, 1992 were approved as presented. CITY MANAGER SAUNDERS' REPORT WORKSHOP MEETING City Manager Saunders stated that if there were no objections or conflicts, he would like to hold a Council Workshop at 7:00 p.m. on Tuesday, March 31, 1992 in the City Hall Conference Room. After a brief discussion, it was the consensus of the Council to hold the Workshop. HIGH SCHOOL GROUND BREAKING CEREMONY City Manager Saunders stated that the City Council and the general public have been invited to the new high school ground breaking ceremony to be held March 26 at 5:30 p.m. at the school site on Slab Church Road. LAND DEVELOPMENT REGULATIONS City Manager Saunders reported that a working draft of the Land Development Regulations will be completed soon. The regulations are the next step after the Comprehensive Plan. Mr. Saunders recommended that citizens as well as representation from the Chamber of Commerce and the South Lake Development Council be involved at this time to review the draft. Council members requested that Mr. Saunders call the Chamber and South Lake Development Council for recommendations and possibly place an article in the newspaper asking for citizen involvement. ® • CITY OF CLERMONT 1VIINYJTES REGULAR COUNCII. MEETING MARCH 24, 1992 PAGE 2 9 2 - 0 3 8 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED THAT RECOA~~NDATIONS FOR A COMMITTEE OF CITIZENS TO REVIEW THE DRAFT LAND DEVELOPMENT REGULATIONS BE PLACED ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING ON APRIL 14. Council members will discuss citizen appointments at the March 31 Workshop. TREE PLANTING Mr. Saunders informed the Council that a "Tree City USA" flag and a plaque are in place at City Hall. A suggestion by Karen Turville, Chairman of the Beautification Committee to contribute to the tree fund by volunteers signing up to pay $.50 a month extra on the city utility bill has been researched and found to be feasible. It was discussed that the City newsletter could include the sign-up form and the only cost to implement the plan would be a minimal cost for the data input to add those signing up. 9 2-0 3 9 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER NOROUIST TO INCLUDE A $.50 PER MONTH VOLUNTEER CONTRIBUTION TO THE TREE FUND ON THE CITY UTILITY BILL. THE MOTION CARRIED FOUR TO ONE WITH COUNCIL MEMBER IVEY VOTING NO. COUNCIL MEMBER NORQUIST'S REPORT BIKE PATH Council Member Norquist reported that at the last County Commissioner's meeting he learned that a bike path was not included in the road bid specifications for Highway 561-A on the north side of Lake Minneola. 92-040 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUS LY CARRIED DIRECTING THE CITY MANAGER TO WRITE A LETTER TO DON BAILEY COUNTY COMMISSIONER AND THE OTHER COUNTY COMMISSIONERS ENCOURAGING THE COMMISSIONERS TO INCLUDE PLANS FOR BIKE LANES WITH THE PROPOSED 561-A IlVIPROVEMENTS. VISITORS WITH BUSINESS RESOLUTION #749: CAREN HAIGHT, PRETTY PAWS PET PARLOR A Conditional Use Permit is requested for 1402 Emerald Lakes Street to allow a pet grooming business and residence at that address (a C-2 zone). The Resolution was CITYOF CLERMONT MII~TUTES • REGULAR COUNCIL MEETING MARCH 24, 1992 PAGE 3 read by title only by Mayor Pool. Ms. Haight was present and stated she has previously worked for pet grooming businesses in residences and understands how to operate the business in a home. Public Hearin Charles Bremmer, Chairman of the Home Owners Association in that area asked if there would be any outside dog runs. Rose Murray lives within 150' objected to the CUP because of increased traffic and dogs barking. Leona Murray stated that she lives within 150' of the residence and asked if dogs would be kept overnight. Objections (telephone and letter) which were previously received from Mrs. Glen Middleton directly behind the property and Julian Donohue, Lot 90, Emerald Lakes Mobile Home Park were read by City Manager Saunders. Mrs. Hendrickson who lives across the street stated she also was concerned about the barking and increased traffic. Mayor Pool closed the Public Hearing and during discussion Ms. Haight assured the Council there would be no overnight boarding or outside dog runs. 9 2 - 0 41 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESO- LUTION 749 GRANTING A CONDITIONAL USE PERMIT AS AMENDED TO ADD THE FOLLOWING TWO CONDITIONS: 11 THAT NO OUTSIDE KENNELS OR RUNS FOR HARBORING ANIMALS WILL BE ALLOWED AND 2l NO OVERNIGHT BOARDING OF ANIMALS WILL BE ALLOWED VARIANCE REQUEST TO ALLOW GRASS DRIVEWAY AND PARKING, AND TIlVIE EXTENSION FOR SIDEWALK CONSTRUCTION FOR DAY CARE CENTER AT 606 WEST AVENUE BY VINCENZA LEONARDO, KIDDIE CORNER. It was explained by City Manager Saunders that Mrs. Leonardo was previously granted a Conditional Use Permit allowing three of the eight required parking spaces to be mulch parking. Mrs. Leonard stated she would like a variance to allow mulch parking and driveway, and a time extension to the sidewalk construction. Mrs. Leonardo stated that she needed additional time to do the paving. Mr. Saunders stated that the request was to eliminate paved parking and driveway areas. After CITYOF CLERMONT MINUTES • REGULAR COUNCIL MEETING MARCH 24, 1992 PAGE 4 discussion Mrs. Leonardo stated she could complete the improvements required in the CUP within six months. Council Member Turville asked if a variance request could have conditional approval. Attorney Baird stated that the variance could not contain conditions. Mr. Baird advised that if Council desires to give the extra time, they should approve the variance request and he would direct staff as to the language for improvements to be done within six months under the CUP. 9 2-0 4 2 A MOTION WAS MADE BY COUNCIL MEMBER IVY, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED GRANTING THE VARIANCE WITH THE UNDERSTANDING THAT ALL WORK IN THE ORIGINAL CONDITIONAL USE PERMIT BE COMPLETED IN SIX MONTHS (FROM THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCYI. RESOLUTION #750: REQUEST FOR CONDITIONAL USE PERMIT FOR OFFICE COMPLEX AT 501 E. ALMOND STREET BY TOM DOUGHERTY, JOKA PROPERTIES, INC. Mr. Dougherty asked that his Conditional Use Permit request be tabled for 90 days. 9 2 - 0 4 3 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER IVEY AND UNANIMOUSLY CARRIED TO TABLE FOR 90 DAYS MR. DOUGHERTY'S REQUEST FOR A CONDITIONAL USE PERMIT AT 501 EAST ALMOND STREET. COMPREHENSIVE PLAN RESTRICTION CONCERN OF TOM DOUGHERTY REGARDING FLOOR AREA RATIO Mr. Dougherty explained the City's Comprehensive Plan limits construction to a 18 floor area ratio. He asked the Council to determine that the 18 % limit encompass only the "foot print" square footage, not the total floor area of all floors. 9 2 - 0 4 4 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER NOROUIST, AND UNANIMOUSLY CARRIED TO DISCUSS THE 18% FLOOR AREA RATIO REQUIREMENT OF THE COMPREHENSIVE PLAN AT THE MARCH 31 1992 WORKSHOP MEETING. UNFINISHED BUSINESS PUBLIC SERVICES FACILITY -FINAL CHANGE ORDER City Manager Saunders explained the two change orders which were included, Change Order #5 for $13,365, and Change Order #6 for a minus $6,000 for extra days. Council Members were given copies of the detailed Change Order. ® • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 24, 1992 PAGE 5 9 2 - 0 4 5 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NOROUIST, AND UNANIMOUSLY CARRIED APPROVING THE PUBLIC SERVICES FACILITY FINAL CHANGE ORDER. PUBLIC HEARING UTILITY SERVICE DISTRICT Attorney Girtman from Tallahassee representing Lake Utility Services, Inc. introduced Don Rasmussen, Vice President of Utilities, Inc. of Florida and Frank Seidman of Management and Regulatory Consultants, Inc. Mr. Seidman stated they wanted to acquire an understanding of where both utilities stand in providing utility service south of Clermont. A map of the Utility Service District showing present developments, utilities, and wells was explained. Documents were also presented to the Council and are attached and made a part hereof. Lake Utility provides services to several areas south of the city limits of Clermont with 12 wells and they have applied for expansion of services in the same area. They wish to avoid duplication of water mains and production facilities. They also feel that another utility in the same area will not allow them to operate efficiently and will require unnecessary consumptive use permits. Many of the 60 contaminated wells in the area are close to existing Lake Utility District wells. The City has no existing lines in the area and if they installed lines, the lines would parallel Lake Utility lines. City Manager Saunders asked if Lake Utility Services would be able to serve the entire Utility Service District today if it were completely developed. They indicated they would not be able to. Attorney Girtman objected to the City reserving the right to serve but not assuming the obligation to serve. He referenced two court cases where other cities have lost their right to serve areas outside their city limits. He also claimed that the City used an incorrect legal description, had two readings instead of three, and did not list all the information required by 180 such as funding sources, etc. in the Ordinance. Attorney Bonifay of Tavares stated she represented a major land owner in the area, Mr. Charles Bradshaw. She stated they felt the utility that was best equipped to serve should be able to serve. They desire the least costly utility that can serve in the most timely manner. Attorney Steve Richey representing Greater Construction Co., Aaron Dowd and Buddie Oswalt stated they want to see the utilities resolve this matter. • • CITY OF CLERMONT MINYTTES REGULAR COUNCII. MEETING MARCH 24, 1992 PAGE 6 Tom Dougherty, land owner in this area was in favor of the City's ordinance. City Manager Saunders thanked those present for their input and stated the Council would take the matter under advisement. City Manager Saunders introduced Ann Whitlock who will be assuming Deputy City Clerk Brandt's position when she leaves April 15. There being no further business or discussion, the meeting adjourned at 9:55 p.m. ~~ Robert A. Pool, Mayor Attest: