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HomeMy WebLinkAbout10-11-1977 Supporting DocumentsMINUTES N9 1442 REGULAR MEETING, A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, October 11, 1977. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Honey, Byrd, Schroedel, and Blackburn. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Public Works Director Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were The Messrs. Searles, Czech, Boone and Cole. The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held September 27, 1977 were approved as written. BOARD OF ADJUSTMENT PUBLIC HEARING city idered request officialscof,thetting Churchsa Board of of Christ for auVariancectosSECTIONa26-7by 9.30 (SIGNS OVER PUBLIC PROPERTY -HEIGHT -SETBACK AND LOCATION REQUIREMENTS) of the Zoning Ordinance in order to Alter and Relocate a sign on their property described as Lots 1 & 2, City Block 97. In the absence of the petitioner, City Manager Tiffany advised their request was based on their church building having been constructed prior to our existing zoning and sign ordinances, and is now located within the currently required 50 foot setback from intersecting right-o-ways and would there- fore require a Variance in order to place a sign in proximity to their building. Motion was made by Councilman Blackburn seconded by Councilman Schroedel and carried that the request be granted. EMPLOYEES' PENSION TRUST FUND REVIEW Finance Director Sanchez advised of inquiry from the Trust Officer of the employees' pension fund investments as to an annual meeting with Council to review same, and it was the consensus that same would not be necessary pending an otherwise decision following Council's review of the Trust Fund's annual written report to be forthcoming. COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative to the Library Board, advised of "Hobby Month" being observed during October at the Library, featuring many displays of fasinating hobbies; That Library personnel had compiled an informational history packet for interested persons planning to view the "King Tut" traveling exhibition; and, That again the book circulation had increased during the month of September over that of last year. COMMUNICATIONS City Clerk Carroll read a communication from Mrs. Ruth Ray, for the Christmas Parade Committee, wherein Council was extended an invitation to participate in the Christmas Parade to be held on December 3, 1977, sponsored by the Downtown Merchants Association. City Clerk Carroll read a communication from Mr. Sidney L. Young, Chairman Accent on Culture, wherein he requested that fees for the use of the Highlander Hut by Accent on Culture and its affiliates be waived, inasmuch as they are non-profit organizations working for the benefit and betterment of the community. Council was further advised that these were groups of amateurs in the preliminary stages of formal organization, desiring use of the building for perfecting their 1{ 4 L �1 MINUTES projects. N,Q 1443 carrF"NZEM& .,��tie conmwn`icate hac to C t Counc as to e r n t nuir financial status. It was t e op n ono Counc� nian 8 ac - urnf er organ�zat%ns are of the same opinion as Accent on Cultureand iates, and he thereby felt the fees should either be eliminatedfor should be charged, andrhe-vo�edniRVt�e ,ndahevthereuponanoved, CETA AGRECMENT City Manager Tiffany submitted a proposed agreement between the City and the Lake County Commission for the city's continued participation in the Compre- hensive Employment and Training Act for October 1, 1977 thru September 30, 1978, and recommended that it be accepted. Motion was made by Councilman Blackburn, seconded b Councilman Hone and carried that the CiteMana er s recommendation be accepte and the agreement be executed by the proper_c ty offic als. ACTUARIAL SERVICES City Manager Tiffany submitted a proposal from Mr. David Norton, Consulting Actuary with Milliman & Robertson, Inc., to serve as actuary for the city s pension plan at an annual cost of $700 to provide an annual valuation and routine administration. Motion was made by Councilman Byrd seconded by _ Councilman Blackburn and carried that City Manager Tiffany obhpitakPnt estimates SPECIAL EXCEPTION APPLICATION City Manager Tiffany reported on a request by Mrs. Mary Wright for a Special Exception to Section 26-10 of the Zoning Ordinance in order to construct a carport at her residence located at 528 Chestnut Street, such residence classi- fied as non -conforming in a C-1 Zone; That the request had been considered by the P & Z Commission in Public Heating on October 4th at which time they had voted to recommend to Council that the request be granted following their determination that such expansion would be neither obnoxious or detrimental to the district in which it is located; and, That he would recommend that the special exception be granted. Motion was made b Councilman Blackburn seconded b Councilman Honeyand carried that the recommendation of the P & Z Commission With further regards to requests for special exceptions, City Manager Tiffany advised of the P & Z Commission's consensus that in some cases it would be desirable to publish notice and not adjacent property owners of such pending requests, and he inquired of Council's thoughts on the matter. Inasmuch as it was determined that a Variance would be necessary in most cases following special exception grants, which require public hearings and notification thereof, it was consensus of Council that future Special �Exception nRequests and subsequent Variance He ue PAYMENT OF BILLS Motion was made b Councilman Hone ,seconded b Councilman Blackburn and carried that the bills be paid. A copy is attached hereto. RESOLUTIONS �� +; of a PM11ITTON reauestinq L"I ORDINANCES MINUTH5 M 1444 RESOLUTION was read by Mayor Smoak, and the Number 302 assigned to it. Ord and unanimously carried. The RESOLUTION was read rroll, bb title only, and the Number 303 assigned to it. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES PROVIDING FOR REGULATIONS FOR RIPARIAN STRUCTURES, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES AMENDING PORTIONS OF SECTION 26-87 OF THE CODE OF ORDINANCES - CONDITIONAL USE PERMITS, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Inasmuch as this proposed Ordinance would provide for a blanket reduction on filing fees for all CUP requests regardless of the size of the proposed projects and the legal and engineering expertise which could be required, it was the suggestion of Mayor Smoak that the matter be referred back to the P & Z Commission to establish variations in the type of CUP applications with accom- panying appropriate filing fees. rnunrilman Rvrd nffered and moved the adoption of AN ORDINANCE UNDER THE CODE. STREET and the motion was seconded by Councilman Blackburn. The Ordinance was read for a second and final reading by Clty Clerk Carroll, by title only, and upon roll call vote on passage of the motion the result was: Ayes: Byrd, Honey, Schroedel, Blackburn, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 106-M assigned to it. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 8:45 P.M. CLAUDE E. S OAK, JR. - MAYOR i I&CAL NOTICE pursuant to State Law notice is hereby given that the City council sitting as a Board of Adjustment will bold a public Hearing in the Council Chambers located on the corner of West ettuc and DcSoto Streets on Tuesday, tctober 11 1977 at approximately 7:30 I. or ie following purpose: To consider request by The Church of Christ officials for a Variance to SECTION 26-79.30 (SIGNS OVER PUBLIC PROPERTY-IIIiIGHT- SETBACK AND LOCATION REQUIREMENTS) of the Zoning Ordinance in order to Alter and Re- locate a sign on their property described as Lots 1 and 2 City Block 97 915 West DoSoto Street All interested parties will be given an opportunity to express their views on the matter. Dolores W. Carroll City Clerk City of Clermont, Florida October 6, 1977 PLEASE PRINT OR TYPE,,.„,.., TO 1, ` JNING BOARD OF ADJUSTMENT OF THE CITY OF CLERMONT, FLORIDA APPLICANT / NAME: GAG ADDRESS: Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter (X ), Construct (X ), Move and Place (X ), a (sign) building on lot/s 1 AND 2 Block 97 Subdivision CITY BLOCKS Address 915 W. DESOTO STREET ,Zone R 3 Section of Code 26-79.30 SETBACKS in the City of Clermont, Florida. _ The reason given by the Building Official for the decision in refusing to issue a building permit is: VIOLATION OF SECTION 26-79.30 HEIGHT, SETBACK AND LOCATION REQUIREMENTS. PENETRATION OF REQUIRED 50 FOOT LOCATION FROM INTERSECTING RIGHT-OF-WAYS. My appeal to your Board is based on my contention that this decision creates a- — hardship on me for the following reason, or reasons: CHURCH WAS ERECTED PRIOR TO ZONEING ORDINANCE AND ANY SIGN ORDINANCES. AND CHURCH BUILDING IS LOCATED WITHIN THIS 50 FOOT REQUIRED SETBACK. Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size 8," x 14" minimum size. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, constructior of the structure must be completed within one year from date of grant. Date: 9-29-77 Very truly yours, 5/17/77 J 0„ 0 J Al V r�i wC-F� 1.-pvr.sr I Box 606 Clermont, Florida 32711 October 5, 1977 Clermont City Council Clermont City Hall Clermont, Florida 32711 Dear Mayor, We would like to request your presence, along with the mem- bers of the Clermont City Council during our annual Clermont Chamber of Commerce Christmas Parade which will be held Sat- urday, December 3, 1977 at $:00 P.M. Please let us know if you will join us before November 12. We will then notify you about a week in advance as to when and where to assemble. Please reply eith by post card Box 686 Clermont or phone 394-3009 Ruth Ray 394-3091 Hilltop Stationery i Sincerely, Ruth A. Ray '1 for the parade committee Accent, on Culture IncorlwrdltD 674 WL57 HIGHWAY 30 . CLERMONT, FLORIDA 37711 . 9D4,39/6121 October 6, 1977 Mr. Gordon Tiffany City Manager 1 Westgate Plaza Clermont, Florida 32711 My Dear Mr. Tiffany: With reference to our request for the use of the Highlander Rut for Accent on Culture and its affiliates (Community Theater Players and All Male Chorus), we would like to request that the fee of the above hall be waived, on the grounds that we are non-profit organizations working for the benefit and betterment of the community. Thanking you for all your kind interest and help in this matter. Sincere �s, Sidney L. Young Chairman Accent on Culture Supported By: The Mayor of Clermont, CLAUDE E. SMOAK, JR., JUDGE C. WELBORN DANIEL, JUDGE ROY CALDWELL, COLONEL. R. W. WATERS, RICHARD H. LANGLEY, State Representative, ED STEPHENS, President Exchange National Bank, GEORGE SCHROEDEL and BEN BLACKBURN, Councilmen, W. HEINRICH, Chiropractor, The REV. J. FORTE, The REV. W. SEITZ, The REV. H. KILDAHL, The REV. D. ZOLLER, The REV. RUSSELL CARR, The REV. H. L. BARBERY, CHARLES BEALS, SIDNEY SPARKS, BEN HARMON, The CLERMONT CHAMBER OF COMMERCE, WWFL RADIO, -LAKE ABSTRACT &.GUARANTY COMPANY. TO: City Council FROM: City Manager SUBJECT: CETA Agreement DATE: October G, 1977 Attached is a copy of the agreement between the City and Lake County for our continued participation in the Comprehensive Employment and Training Act (CETA) for October 1, 1977 through September 30, 1978. This agreement is essentially the same as the agreement approved by the Council for the fiscal year just ended. We had applied for two additional positions for this fiscal year, but these two positions ( Police Officer and Public Works Service Worker) were not funded. We have five CETA positions under this agreement: 2 Service Worker I; 2 Service Worker II; and, 1 Service Worker III. One of these positions is in the Utilities Department, the others in Public Works. I recommend authorizing the appropriate City officials to execute this agreement. Go� Tiffany cc: City Clerk w/attachments (10/11/77 Agenda) TO: City Council FROM: City Manager SUBJECT: Actuarial Services DATE: October 5, 1977 Attached is a letter from David Norton, Consulting Actuary with Milliman and Robertson, Inc. This summer Dr. William Howard notified us that he could not continue to be our actuary, and recommended Mr. Norton to us. Mr. Norton has Dr. Howard's records and is working with Dr. Howard's assistant, Elinor Bowman. Mr. Norton proposes to provide annual valuation and routine admin- istration for $700 annually. We had been paying Dr. Howard $550. I recommend that you authorize me to accept the proposal, except that periodic services would be provided at the regular hourly rate or $700, whichever is less. X l Gordon Tiffany cc: City Clerk w/attachments (10/11/77 Agenda) TO: City Council FROM: City Manager SUBJECT: Special Exception Application DATE: October 6, 1977 Attached is a copy of a building permit application for a carport to be constructed at 528 Chestnut Street. The non -conforming residential use at this location would be expanded by this carport. Earlier this year, our zoning code was amended by adding the following language to Section 26-10: After consideration by the Planning and Zoning Commission and approval by the City Council, any building which is classified as non -conforming and that is being used primarily as a residence may be granted a special exception for reconstruction, enlargement or expansion as a residence when it is determined that such reconstruction, enlargement or expansion is not obnoxious or detrimental to the district in which it is located and when the denial of a special exception would create an unnecessary hardship on the owner of the non -conforming residential use. The Planning and Zoning Commission considered this request on October 4, and voted to recommend that the City Council grant the request. They noted that neighboring property owners have not been notified of this application and that notice was not published. This is the first special exception application that we have had. P & Z Commissioners discussed procedures for considering future requests. Their consensus was that in some cases it will be desirable to notify adjacent property owners and to publish notice. In many cases (such as this one) the expansion of the non -conforming use is slight and obviously will not harm the district, so notice and publication are not necessary. I recommend that you grant this special exception. Your thoughts on administration of special exceptions, particularly on notice of adjacent property owners and publication, would be appreciated. If permission is granted to expand this non -conforming use, a public hearing on the side yard setback variance is required. UG Gordon Tiffany cc: City Clerk w/attachments (10/11/77 Agenda) TO: City Council FROM: City Manager SUBJECT: Riparian Structures DATE: September 26, 1977 As of January 1 of this year, the Clermont area was transferred from the Southwest Florida to the St. Johns Water Management District. The SWFWMD required permits for structures to be built over the water. Standards for length of dock and setbacks from neighboring property were enforced by SWFWMD, but the St. Johns has no such standards and required no permit. Consequently, there is now nothing to prevent a waterfront property` owner from constructing a dock from the lot line, and no controls over length, location, or elevation from high water. After study, Planning and Zoning Comnissioners voted at their September 6 meeting to recommend that the restrictions contained in the attached ordinance be recommended to the City Council for consideration and adoption... This ordinance is based on the standards formerly enforced by SWFWMD. I concur with the recommendation of the P & Z Commission. • i 1 /I �n 1/� Gordo�i Tiffany cc: City Clerk (10/11/77 Agenda) ACCOUNTS PAYABLE OCTOBER 11, 1977 GENERAL FUND A & L Automotive Service Bowan Supply Co., Inc. Bill Saidlo'o Batteries By Fisher Clermont Auto Parts Clermont Builders Supply Cal Ilogatron Eckord's Gam Chemical Co. Hilltop Stationery Hunts Carden Center Johno Radiator & Auto Elect Lake Apopka Nat'l Gas The Local Co., Inc. Maddens Elect. Service Morgan's Auto Parts Olivenbaum Insurance Agency Olivenbaum Insurance Agency South Lake Press Sentinel Star Co. Standard Auto Parts Texaco Inc. Thompson's Air Products W. M. Teal UTILITY FUND Allied Chlorine & Chem. Pro. Inc B & H Sales, Inc. Clermont Auto Parts Willie E. Creech Eckerd Drugs Hunts Garden Center, Inc. --Morgan's.Auto Parts Miller Bearings Olivenbaum Insurance Agency Standard Auto Parts 0 (Align, Bolonco, & Rotate Wheels) (Office Supplies) . 2520 (Truck Light) .81 8t' (Freon) .81 18 16 (Auto Maint & Repair Parts) 111 101.69 343.98 (Concrete) (Copier Rental Fee) . 50 (Band Aids) . 54.35 78 (Janitoral Supplies) 262.84 (office Supplies) (Dog & Swan Food; Lot Mowing-Raimburunble $750) 770.80 (Gonerator) 22.00 (Utilities) 11.20 (Equip Maint Partu) 97.68 (Electrical Supplies) 422.00 (Auto Maint Parts) 119.00 (Ace Insur.-Fire Dept) 433.76 (Fin. Dir. Surety Bond) 422.25 (Publications) 18.17 (Publication) 45.50 (Auto Maint & Repair Parts) 74.34 (Petroleum Products) 75.90^ (Grinding Disc.) 8.22 ' (Petroleum Products) 619.55 4183.18 (Chlorine) 216.00 (Inventory Supplies) 13.85 (Motor Support) 5.28 (Rigid Cutter Wheels) 6.65 (Filters & Marshland Study) 8.12 (BA Kill) 4.99 (Seal) 1.26 (0-Rings) 19.25- (Fin. Dir. Surety Bond) 140.75 (Auto Maint & Repair Parts) 70.12 - 4486.27