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10-14-1986 Regular Meeting e -- ,CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 14, 1986 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, October 14, 1986 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 Cole, Council Member Dupee, Council Member Huff and Mayor Pro Tem Turville. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, City Planner Perlick and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeat- ing of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Workshop Meeting held August 16, 1986 were approved as amended by taking Richard Huff out of the list of those attending the meeting. The Minutes of the Workshop Meeting held August 21, 1986 were approved as presented. The Minutes of the Regular Meeting held September 23, 1986 were approved as amended by stating on Page 7, under Item #9, that a letter favoring the proposed amendment had been received from D.M. and Patricia A. McCaffrey. A statement by Council Member Huff was also changed to read "Council Member Huff stated that he believed that the highest and best use for a property was like water and would seek its own level; ..." REPORTS CITY MANAGER'S REPORT City Manager Saunders stated that the request for additional grant moni~s for the treatment plant expansion had been approved by the EPA in the amount of $270,980, and that Council acceptance of the grant increase was needed. 86-176 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE GRANT INCREASE IN THE AMOUNT OF $270,980. COOPER MEMORIAL LIBRARY FUND RAISING AUCTION It was explained that the Library Board of Cooper Memorial Library would be holding a fund raising auction on October 25 and had re- quested that Lake Avenue, between Minneola Avenue and Montrose Street be closed for the occasion. It was the consensus of Council to allow this request. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee requested a copy of the inter-local agreement mentioned in the Weekly Memo. City Manager Saunders 'stated that one was available at City Hall. LAUNDERY TO BE LOCATED IN THE DOWNTOWN BUSINESS DISTRICT Council Member Dupee stated that she had heard a rumor that a twenty-four hour laundry was to be located at 787 West Montrose Street. Mrs. Dupee then read a petition signed by twenty-two business owners and residents of the downtown area opposing the proposed laundry. Mrs. Dupee continued by stating that she wished to make a motion to amend the City's Zoning Ordinance to make the laundry a condi- e - ,CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 14, 1986 Page -2- tional use in Central Business District and begin the procedure to do so, Council Member Turville asked if this motion would include a, moritorium against this type of use. City Manager Saunders ,stated that an amendment would have to be made to the zoning ordinance, and that would take approximately 45 days. City Attorney Baird stated that a moritorium would depend upon what type of action had been taken by the owner of the proposed laundry to begin with. He then stated that the City had lost a similar case a few years ago based on the fact that if a property owner takes certain steps in reliance on what is contained in the present zoning ordinance, and then it is changed after he has taken those steps, h,e is still entitled to what he has requested to begin with. Council Member Dupee stated that she believed that the owner had only inquired if this would be a permitted use for his building. City Manager Saunders concurred with this statement. City Attorney Baird then stated that a motion would need to be made directing t~e City Staff to prepare an ordinance amending the zoning ordinance 'to make laundries a conditional use in the Central Business District. City Manager Saunders then asked if a moritorium could be declared immediately. City Attorney Baird stated that a moritorium could be declared if there was a definite emergency situation in terms of sewer, water, etc. He further stated that he did not know if the City would be on strong legal ground if a moritorium was declared, but if the Council wished to do so, the court would tell them if they were right or wrong. Council Member Dupee reiterated her position stating that she felt strongly that a laundry is not a good use for the area. City Attorney Baird then stated that the City Staff could be directed not to issue any permits for that type of use, and if it was pressed in court, the court would decide. Mayor Pool stated that he believed that all other changes to the zoning ordinance for the Central Business District should be made at the same time. i I . j I I I Council Member Turville stated that the laundry itself was not the problem, but the parking situation was. City Manager ,Saunders stated that he agreed with this assessment. City Attorney Baird then stated that parking might lend itself to an emergency type situation. Mayor Pool then asked the City Attorney if he recommended passing an emergency measure. I I , j I I I I . I Mr. Baird then advised that if that was the consensus of Council, a motion directing the Staff not to issue any permits at this time that would have an adverse effect on parking in the Central Business District and to direct Staff to draft and ordinance amending the present zoning ordinance to solve that problem. Council Member Dupee then withdrew her first motion. . - e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING ,October. 14, 1986 Page -3- Some further discussion ensued, Council Member Dupee then asked the City Attorney for a restatement of the motion to be made. 86-177 City Attorney Baird then restated the wording for the motion, and A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO HAVE THE CITY STAFF NOT ISSUE ANY PERMITS FOR DOWNTOWN CLERMONT THAT WOULD ADVERSELY EFFECT THE PARKING PROBLEM THAT ALREADY 'EXISTS THERE NOW, AND FURTHER DIRECT THE STAFF TO DRAFT AN ORDINANCE DEALING WITH THE PROBLEM. VISITORS WITH BUSiNESS THOMAS JODWAY VARIANCE REQUEST Mr. Jodway appeared before Council to request a variance to the sign ordinance in order to allow a 464 square foot sign to remain on the rear wall of Motel 8. The maximum allowable size for a sign at this location is 50 square feet. Mr. Jodway stated that he did not have a permit to erect the sign in question. He further stated that the "House of' Presidents" in front of the motel hides the motel from Highway 50. Also, due to the topography of the land coming from the south, there is only a seven second response time ~o a sign. Mayor Pool asked Mr, Jodway if he had considered an off-site sign, and Mr. Jodway stated that there was no space available south of the motel. It was also suggested that he ask permission fro~ the ,Citrus Tower to place a sign on their ground sign located in front of the tower. Council Member Huff stated that a 50 square foot sign was not much of a sign, but he believed that a variance to allow the present sign could not be granted in light of the Council's previous decision concerning strengthening the City's sign ordinance, ' Mayor Pool concurred by stating that granting this request would dilute, not strengthen the City's sign ordinance. 86-178 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY THE REQUEST, Mr. Jodway stated that he believed that larger signs should be allowed along Highway 27 due to the higher ,speed limit, which cuts down on the visibility of a smaller sign. City Attorney Baird stated that perhaps this item should be addressed with the re-writing of the sign ordinance. ELMER J. GIVENS VARIANCE REQUEST City Manager Saunders explained that Mr. Givens was actually requesting three variances to the Subdivision Ordinance for his industrial subdi- vision to be located on the northeast corner of Grand Highway and Hook Street. The variances requested were as follows: (1) A 40 foot right-of-way with 20' of pavement instead of the required 60 foot, right-of-way with 24' of pavement, (2) a 100' diameter cul-de-sac, whereas 150' is required, and (3) waiver of the 5% dedication or pay- ment for parks and recreation. Mr. Givens appeared before Council and gave an expanded explanation -.-. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 14, 1986 Page -4- of the requested variances. With regard to the third variance request, Mr. Givens stated that he believed it was foolish to require him to donate 5% of his property or 5% of his property value to the City for a park. He stated that he would choose to donate the property, and tpe City would then have a park in an industrial park., It was explained ,that the purpose of the 5% requirement was to allow the City to maintain parks or "greenspaces" within the City. Monies given to the City would be placed in the City's Recreation Reserve Account for future parks development. City Manager Saun~ers then explained that the City Engineer had recom- mended that the pavement be 24' wide to accommodate truck traffic. If the ,40' right~of-way and the ,100' cul-de-sac is maintained, then a 10' easement would be need to be platted for future utilities. 86-179 After a brief discussion of the requests, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE FORTY FOOT STREET RIGHTS-OF-WAY AND THE ONE HUNDRED FOOT DIAMETER CUL-DE-SAC RIGHTS-OF-WAY WITH THE WIDTH OF THE STREETS TO BE TWENTY-FOUR FEET. 'A TEN FOOT PLATTED EASEMENT IS RE- QUIRED ON BOTH SIDES OF THE RIGHTS-OF-WAY. THE REQUEST FOR EXEMPTION FROM THE 5% REQUIREMENT WAS DENIED. GEORGE GALLUP VARIANCE REQUEST Mr. Gallup appeared before Council to request a variance to the zoning ordinance in order to erect a 200 square foot utility building in his rear yard of his home located on the corner of Bloxam Avenue and Magnolia Street. Winn Dixie is located east and Chain-O-Lakes Auto Parts Store is located north of the property in question. Under the ordinance the maximum allowable size is 150 square feet. Mr. Gallup explained that the building would be placed close to his home, with a 9'6" setback from the west property line and 18'6" set- back from the south property line, Mayor Pool called for comments, and no one spoke for or against the variance request, 86-180 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE REQUEST AS PRESENTED. DARRYL LADD VARIANCE REQUEST Dale Ladd appeared before Cbuncil to request a variance to the side yard setback requirement for property located at 739 Shady Nook Drive, Mr. Ladd wishes to construct a residence with a side yard setback of 19.5 feet on a corner lot, whereas 25' are required. Mr. Ladd continued by stating that the variance is needed so the pro- posed house will fit on the 75' x 100' lot and not have to face the cemetery. If the house faces the cemetery, existing trees on the lot will have to be cut down. Council Member Dupee stated that she was bothered by setting a prece- dent with the side yard setback of 19.5' on DeSoto Street, when other lots along the street are undeveloped. 86-181 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER rURVILLE AND UNANIMOUSLY CARRIED TO DENY THE SIDE YARD VARIANCE REQUEST. ~_\ :.l.;:..~ .. f e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 14, 1986 Page -5- CLINT AND MARY WEBSTER VARIANCE REQUEST Mr. Clint Webster appeared before Council to request a rear yard setback variance for his property located at 1750 Twelfth Street in order to construct a screen room approximately 18' from the rear property line. Each Council Member was given a site plan showing the location of the proposed 24' x 12' screen room. Under discussion it was determined that Mr. Webster would not need a variance, that he could not support the requested did not exist, by repositioning the room, Council Member Huff stated variance because a hardship 86-182 After a brief discussion, ,A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DENY THE REAR YARD SETBACK VARIANCE REQUEST. BEVERLY POOL VARIANCE REQUEST Before any discussion of the request took place, Mayor Pool stated that he would Gontinue to conduct the meeting, but would make no comments concerning the request. Council Member Turville also declared a conflict of interest and abstained from discussing or voting on the request because his property abuts the property in question. Beverly Pool appeared before Council to request a variance to the minimum street frontage requirement of 100' to 76' for the existing home located at 1464 East Avenue. Mrs. Pool stated she owned the east 26' of Lot 6 and all of Lots 7, 8 and 9 in Block 11 of Sunnyside Unit Subdivision, and was requesting to divide the property along the existing property line between Lots 8 and 9 to allow a conforming home to be constructed on ~ots 8 and 9. Dividing the property in this manner would make the existing home nonconforming because it would not meet the 100' minimum front footage requirement for homes in the R-I-A zoning district. However, all set- backs and the minimum square footage requirement would still be met. It was pointed out that other homes on East Avenue, north of the applicant's property, have street frontages of 74', 55', 78' and 82', and that a similar request was granted by Council on January 14, 1986 for property located at 380 Minnehaha Avenue. A letter from Ken Norquist, who owns property within 150' of the subject property, was read approving of the proposed variance. 36-183 After a brief discussion~ A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY A THREE TO ZERO VOTE TO GRANT THE VARIANCE TO THE MINIMUM STREET FRONTAGE REQUIREMENT OF 100' TO 76' FOR THE HOME LOCATED AT 1464 EAST AVENUE. MAYOR POOL AND COUNCIL MEMBER TURVILLE ABSTAINED FROM VOTING DUE TO CONFLICTS OF INTEREST. LAWSON WOLFE CONDITIONAL USE PERMIT REQUEST FOR CBS INDUSTRIES Lawson Wolfe appeared before Council to request a Conditional Use Permit to construct a 3,600 square foot addition to the existing truss plant located in the M-l zoning district. Mr. Wolfe stated that he was requesting variances from the require- ments for screening outsi,de storage areas and the enclosure of any manufacturing operation. He also requested permission for grass ___I '., ..' ....: ... e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 14, 1986 Page -6- parking on the vacant property located on the northwest corner of Eleventh Street and Minneola Avenue. Mr, Wolfe stated that he had obtained permission from the County to enter and exit the property from Minneola Avenue. It was reported that the Planning and Zoning Commission at its meeting held October 7, 1986 had recommended approval of the Conditional Use Permit, with additional conditions, by unanimous vote. Mayor Pool called for comments from those' present. City Manager Saunders read a letter from Robert W. Markland of 990 West Montrose Street requesting that the truss plant be enclosed due to noise coming from the plant day and night. Joe Washuta and Paul Hollenbach expressed their displeasure with th~ ,dust created by the traffic coming from the CBS complex. . M~. Washuta stated that he believed that fixing the potholes on Carroll Street would help curb some of the dust problem. Mayor Pool asked if something could be done to repair Carroll Street, and Mr. Wolfe stated that he had been working with the City on this problem. Much discussion ensued concerning the request for grass parking. Mayor Pool suggested the use of pine bark to help eliminate dust if the grass died. Council Member turville suggested that Condition #9 of Resolution #541 be amended to ensure that the grass remains entact or some measure is taken to control dust coming from the site. 86-184 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT, RESOLUTION /1541 AS AMENDED. ITEM 119 WAS AMENDED, TO READ "OFF- STREET GRASS PARKING MUST BE DELINEATED, MAINTAINED AND DUST MUST BE CONTROLLED". THE VARIANCES FROM THE REQUIREMENT FOR SCREENING OUTSIDE STORAGE, AND ENCLOSING OF THE MANUFACTURING OPERATION WERE GRANTED AS REQUESTED. FINAL READING OF ORDINANCE 247-C Mayor Pool explained that passage of this ordinance would inc'rease the Mayor's compensation to $200 per month and Council Members' com- pensation to $175 per month. He stated that the Council's compensation had not been increased in twenty years, and he believed the additional compensation was justified considering the incre~sed amount o'f time spent conducting City business. ' The Mayor stated that the increase would not take effect until January 1, 1988. Council Member Turville stated that he believed the Council should be compensated only enough to cover "real expenses", and the amount of time spent could not be considered when justifying the increase. Cecil Smart, who was present in the audience, stated t~at he believed the increase was not enough, Bob Wade, who was also.'ptesent in the audience, stated that he thought the Council should copsider granting itself a yearly cost of living increase. ' , 86-185 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY, TO ADOPT ORDINANCE 247-C AMENDING CHAPTER"2, SECTION 7, ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT. THE ORDINANCE WILL TAKE EFFECT JANUARY 1, 1988. _.~. . :-!'.; . e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 14, 1986 Page -7- NEGOTIATIONS TO PURCHASE ABANDONED RAILROAD RIGHT-OF-WAY City Manager Saunders recapped the City's negotiation efforts to purchase what started out to be 12 acres of abandoned right-of-way located within the city limits of Clermont. As directed by Council during the September 23, 1986 Council Meeting, the City offered the railroad $122,500 for approximately 9 acres of remaining right- ,of-way. . , Mr. Saunders stated that he had been informed by Mr. A.E. Rast, Jr. of CSX Systems (Seaboard Systems Railroad) that two more parcels were now under negotiation with CBS Industries and Bell Ceramics, leaving approximately 8 acres of right-of-way. Mayor Pool asked if this would interfere with the City's interceptor sewer line project. City Manager Saunders stated that it would effect the project, but that Mr. Rast had stated that he would get the City an easement over the parcels being sold to CBS Industries and Bell Ceramics. City Manager Saunders stated that he would like to hold a Special Meet- ing next week to discuss this matter. It was the consensus of Council to hold the meeting in the Council Chambers at 6:30 p.m. on Wednesday, October 22, 1986. Lawson Wolfe, who was present in the audience, stated that he believed it was better to sell the property to private individuals and keep it on the tax rolls. INTRODUCTION OF ORDINANCE 167-M It was explained that this ordinance would rezon~ from R-2 Medium Density Residential to C-2' General Commercial the property located on the northeast corner of Grand Highway and ~ighway 50 which was placed in the Land Use District UD-2 during the September 23, 1986 Council Meeting. ' 86-186 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 167-M. THE ORDINANCE WAS READ BY TITLE ONLY. GARBAGE COLLECION FRANCHISES - INTRODUCTION OF ORDINANCES 180-M, 18l-M AND 182-M City Manager Saunders explained that the City had received requests from three commercial carriers for franchises: Industrial Waste Service, American Refuse Service and John Berry. Presently the City is served by South Lake Refuse and Dump All. The two franchises operating in the City pay a 5% franchise fee which generates 'approxi- mately $4,000 per year revenue to the City. Mr. Saunders then recommended that the City grant the three companies franchises with the franchise fee being increased to 7.5% effective November 1, 1987 and to 10% effective November 1, 1988. The 1987 date for the increase was recommended because the two franchise agreements now in effect cannot be increased until that time. Council Member Turville asked if the City would be able to approve the location of dumpsters. Mr. Saunders stated that the City would have control over that, and then he read the other changes in the proposed agreements. --- -' -~ - ~.',.;: ',' e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 14, 1986 Page -8- A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL 86-187 MEMBER TURVILLE TO INTRODUCE ORDINANCES 180-M, 18l-M AND 182-M. 'THE ORDINANCES WERE READ BY TITLE ONLY. RESOLUTIONS #539 AND #540 Finance Director Van Zile explained that in an effort to consolidate the City's bank accounts and streamline its cash management system, he had requested cash management proposals from local financial institutions. Presently the City has eleven accounts in five banks, but adoption of a master banking agreement would consolidate the accounts to six in one bank, and maximize the City's interest earnings through maintaining an increased percentage of funds in interest bearing accounts for a longer period of time, Proposals were received from Sun Bank, N.A., NCNB National Bank and First Florida Bank. Mr. Van Zile continued by stating that all of the proposals were similar, but that Sun Bank had submitted the highest interest rate to be paid on overnight deposits. Mr. Van Zile then recommended acceptance of Sun Bank's proposal, and stated that to convert to the new system Resolutions No. 539 and 540 would have to be adop'ted. Resolution #539 documents that Sun Bank, N.A., Clermont is the Council approved depository for the City's checking and savings accounts. It also documents the names of the elected officers of the City. Resolution #540 documents the Council's approval of fund transfers between Sun Bank and other financial institutions or between accounts at Sun Bank. It also documents that the City Manager is the person authorized to execute the Funds Transfer Agreement. 86-188 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTIONS #539 AND #540. THE RESOLUTIONS WERE READ BY TITLE ONLY. COMPUTER FINANCING FOR PURCHASE OF A COMPUTER SYSTEM Finance Director Van Zile stated that the total purchase price of the computer system purchased from NCR Corporation was $50,040,79, and of that amount, $30,067.79 was to be financed. Mr. Van Zile stated that he had contacted local financial institutions concerning quotes on fixed and variable interest rate loans for 36 months. Due to th~ interest rate quoted, Mr. Van Zile then recommended approval of quarterly financing with NCR Credit Corporation with payments of $2,586.43 per quarter. 86-189 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO APPROVE FINANCING WITH NCR CREDIT CORPOR- ATION AT A FIXED INTEREST RATE OF 7% AND QUARTERLY PAYMENTS OF $2,586.43. CITIZEN COMMENTS Cecil Smart stated that he was opposed to the laundry being located in the Central Business District. He also stated that the extra sidewalk area was taken out on the east end of Montrose Street when the trees were planted, but not on the west end of the street. He further stated that he believed the piece on the west end also should be ,removed. 1.', _~ . , e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 14, 1986 Page -9- Mr. Smart asked that the Police Department discontinue its policy of opening locked cars. He explained that he was a registered locksmith and that many times cars were severely damaged by officers, and he had to spend a great deal of time repairing and putting the locking mechanisms back together. City Manager Saunders stated that he would review this request with the Chief of Police to get statistics and report back to Council. Todd Dittrich, who was present in the audience, questioned the granting of the variance for the Pool property considering that he had been denied a front yard setback variance for property in the same area. He also stated that he believed the home which was being built on his former property was not m~eting the required front yard setback and asked why this was being allowed since he was denied a variance re- quest to do the same thing. City Manager Saunders stated that he would check on this matter for Mr. Dittrich. Nilsa (Cuqui) Whitehead, who also was present in the audience, expressed concern that the newly planted trees on Montrose Street were not getting enough water. City Manager Saunders stated that they were getting approximately 8 gallons of water per day which was the recommended amount, There being no further business or discussion, the meeting adjourned at 10:10 p.m. ~d-F~ :Ro ert A. Pool, Mayor Attest: '::.:'..:! .