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04-27-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1993 93-060 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, April 27, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Turville, Council Member Cole, Council Member Ivey, and Council Member Norquist. Other City Officials present were City Manager Saunders, City Attorney Baird, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held April 13, 1993 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Meeting City Manager Saunders suggested scheduling a Workshop Meeting for May 6, 1993 at 7:00 p.m. Council Members agreed to this time. Surplus Vehicles City Manager Saunders recommended that five vehicles from the Police and Public Service departments be declared surplus so they can be sold at the joint Lake County/Leesburg auction, as follows: 1984 Ford, 1987 Ford, 1985 Dodge, 1988 Dodge, 1987 Ford. A motion was made by Council Member Norquist, seconded by Council Member Ivey, and carried unanimously to declare the above-listed vehicles as surplus. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1993 PAGE 2 Two Buildings for Fire Department Practice Burns City Manager Saunders stated that two buildings have been offered for burn practice by the owners. One is located on the corner of Scott and DeSoto and the other is the old Walker two-story home on Highway 50. The Fire Department can burn them for training purposes and will clean up the debris afterward. 93-061 A motion was made by Council Member Ivey, seconded by Council Member Turville, and carried unanimously to approve the two above- listed homes for burn practice. Beautification Committee Additional Members City Manager Saunders stated that Karen Turville, Chairman of the Beautification Committee has requested that three people be added to the committee: Joe Patterson, Alan Heinrich, and Jo Flemming. Mayor Pool expressed his appreciation of the efforts of the committee and the recent plantings in the community. He stated it was his pleasure to appoint the above-listed citizens to the Beautification Committee. MAYOR POOL'S REPORT Mayor Pool congratulated the Clermont Women's Club regarding Sunday's celebration of the historical site designation of their clubhouse on 655 Broome Street to the National Register of Historic Places, which is the first designation in South Lake County. The event was very well attended and Miriam Johnson was acknowledged for her work in obtaining the designation. VISITORS YVITH BUSINESS Ralph Zettler, Variance Request City Manager Saunders stated the applicant is requesting a variance for rear yard setback at 459 W. DeSoto Street. Zoning Code requires a 25' rear yard setback, CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1993 PAGE 3 however, several years ago a 14' setback was granted on this lot for building two duplexes. The proposed variance would not encroach any further, and Council has granted this type of variance in the past. Mayor Pool advised that the variance request requires a Quasi-Judicial hearing, and that all those people wishing to speak in favor of, or opposition to the request should be sworn in. Ralph Zettler, 459 W. DeSoto, Clermont was sworn in by Deputy City Clerk Whitlock. Mayor Pool opened the public heating. Ralph Zetfler stated that he wanted to add a screen room to the east which is an extension of the existing building and will not encroach any further into the rear yard. City Manager Saunders stated one phone call has been received from a 'neighbor who did not object to the screen room addition. Mayor Pool closed the public heating. 93-062 A motion was made by Council Member Turville, seconded by Council Member Norquist and carried unanimously to grant the I4' rear yard setback variance for the screen room addition at 459 W. DeSoto Street. OLD BUSINESS Final Reading of Ordinance 250-M, closing a portion of Knapp Street Mayor Pool stated that this was the final reading of Ordinance 250-M and he read the ordinance by title only. City Manager Saunders stated that this ordinance will close and permanently abandon a portion of Knapp Street lying south of Lakeshore Drive The street closing was requested by upland property owner Mrs. Ann Dupee. In researching this issue it has been discovered that there may be additional title problems with properties lying between Lakeshore Drive and the water's edge between East Avenue and 4th Street. Staff recommendation is to withdraw the final reading of this ordinance until all areas in question can be resolved. 93-06 A motion was made by Council Member Cole, seconded by Council Member Norquist to withdraw Ordinance 250-M until further research can be done. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1993 PAGE 4 Attorney Baird stated that an agreement from one adjoining property owner has been obtained, but not the other. He stated that the Orange Park Subdivision property owners did not participate when the City 'obtained easements and issued deeds to the lakefront area property owners about 15 years ago because they believed they already had good title. City Manager Saunders stated that if Knapp Street is closed, there is a question the adjoining property owners have good title, and title may go to (or remain with) the City. Norm Cummins, attorney for Mrs. Dupee requested ~that Ordinance 250-M be continued instead of withdrawn. He stated that an agreement is being .worked out with the second adjoining property owner, and in two weeks both agreements should be in place. A real estate sale involving Mrs. Dupee's home and boat house has been held up for some time, and resolution of the entire area in question would involve many property owners and could be a lengthy process. He preferred to continue the final reading of the ordinance until the next Council meeting. After a brief discussion, the previous motion and second were withdrawn. 93-064 A motion was then made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to table Ordinance 250-M until the May_ 11, 1993 meeting. NEW BUSINESS Bud Meadows, Church of Latter Day Saints, Resolution g781 Mayor Pool stated that Mr. Bud Meadows is requesting a Conditional Use Permit extending the operation of a church located at 1210 and 1214 Bowman Street in the C2 General Commercial District. Mayor Pool read Resolution/9781 by title only. City Manager Saunders stated that the request is for a continuation of a Conditional Use Permit for the operation of a church in the Sunnyside Shopping Center. The church has been located in the shopping center for about five years and the owner is requesting a Conditional Use Permit to allow an additional three years. The Planning & Zoning Commission recommend approval of the Conditional Use Permit, but only for a two-year period, because of concerns that the church use could prohibit other types of uses that may want to locate in the area in the future. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1993 PAGE 5 Mayor Pool advised that the Conditional Use Permit request requires a Quasi-Judicial heating, and that all those people wishing to speak in favor of, or opposition to the request should be sworn in. Bud Meadows, 11121 Oleander Drive, Clermont, FL was sworn in by Deputy City Clerk Whitlock. Mayor Pool Read Resolution/9781 by title only and opened the public hearing. Mr. Bud Meadows stated that he asked for a three year continuation of the Conditional Use Permit allowing the church so that it would coincide with the lease. City Manager Saunders stated there has been no reported problems with the church in this area, and the staff doesn't have a problem with a three year continuation. Mayor Pool closed the public hearing. 3-065 A motion was made by Council Member Turville, seconded by Council Member Ivey, and carried unanimously by roll call vote to adopt Resolution #78I amending condition #7 of the Conditional Use Permit to three years instead of two years. Racetrack Petroleum, Resolution//782 Mayor Pool stated Resolution//782 is a Conditional Use Permit for Race Track Petroleum to operate a convenience store with gasoline sales at the southwest corner of Grand Highway and Highway 50. City Manager Saunders stated that the Planning & Zoning Commission recommended approval with the conditions as outlined in Resolution//782. The building will face Highway 50 and six gasoline pumping islands are planned. The elevation of Grand Highway will need to be lowered for safety. A turn lane along Highway 50 onto Grand Highway is being required. The applicant will be required to pay a pro-rata share of any intersection improvements such as signalization that may be required by DOT. Mayor Pool advised that the Conditional Use Permit request requires a Quasi-Judicial heating, and that all those people wishing to speak in favor of, or opposition to the request should be sworn in. Tim Walters, 2455 Misty Hollow Lane, Cumming, CITY OF CLERMONT MINUTES REGULAR COUNCILMEETING APRIL 27, 1993 PAGE 6 Georgia was sworn in by Deputy City Clerk Whitlock and Mayor Pool opened the public hearing. ~ Mr. Walters stated he was comfortable with the conditions set forth in the Conditional Use Permit. Mayor Pool closed the public hearing. City Manager Saunders stated Resolution//782 includes 28 conditions compiled by staff and the Planning and Zoning Commission. All access to the site is off Grand Highway about 150' from the intersection of Grand and Highway 50 with three lanes in the area headed east. Sewer service will go under Highway 50 and recommendations will be made to Council at a later date that additional size service be installed to meet the needs of the area, with the applicant paying only their share. Staff recommends approval with conditions as stated. Mayor Pool read Resolution //782 by title only; 93-066 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution lf782. MISC. COMMENTS Pinellas Trail Tour Council Member Norquist reported there will be a tour of the Pinellas Trail on Thursday, May 13 organized by the Rails to Trails Task Force in conjunction with Passport. All are invited to attend with a R.S.V.P. to Mr. Chuck Pula's office (Lake County Parks & Recreation Coordinator) of April 29. Lucille DeRamus Council Member Cole stated that Lucille DeRamus has a problem that may need to be discussed at a Workshop session. City Manager Saunders stated it can be scheduled for a Council Workshop if it is not resolved, before. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 27, 1993 PAGE 7 Turnpike Opening at Killarney Mayor Pool stated the opening of the Turnpike entrance/exit at Killarney is scheduled for May 1. He is concerned with the safety of the intersection with only a stop sign for traffic going west and encouraged everyone to call the DOT and request signalization. There being no further business or discussion, the meeting adjourned at 8:18 p.m. Robert A. Pool, Mayor ~' Attest: fp~h E. V~d'fe, City Clerk