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07-22-1986 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR MEETING July 22, 1986 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, July 22, 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: Mayor Pro Tem Turville, Council Member Huff, Council Member Dupee and Council Member Cole, Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director 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 July 8, 1986 Council Meeting were approved as presented. REPORTS CITY MANAGER'S REPORT WORKSHOPS City Manager Saunders reminded the Council of the Workshops to be held following tonight's Council Meeting and on Tuesday, July 29, 1986 at 7:00 p.m. in the City Hall Conference Room. RESOLUTION NO. 531 It was reported that a letter had been received from Tony Segreto, City Manager of Mount Dora, requesting a copy of Resolution No. 531 so the City of Mount Dora could adopt a similar resolution requesting that the County place a moritorium on the permitting of mobile home parks. After a brief discussion, it was the consensus of Council to send copies of the Resolution to all cities in Lake County and to the Lake County League of Cities. COUNCIL MEMBER HUFF'S REPORT UNSIGHTLY YARD Council Member Huff requested that the City Code Enforcement Officer be sent to ask the owner of property on the north side of Montrose Street, just west of Highway 27, to clean up the property. City Manager Saunders stated that he would take care of the request. VISITORS WITH BUSINESS JAMES BATTLE - SIDE YARD VARIANCE REQUEST FOR 398 CHESTNUT STREET It was explained that the lot was located at the northeast corner of Fourth and Chestnut Streets and does not meet the City's minimum lot size requirements. The lot may be "grand fathered in" as far as the lot,size is concerned because it was a single owned lot prior to September 10, 1968 when the adopted zoning regulations created the non-conforming status, However, the lot needs a variance from the required 25 foot side yard to 11.5 feet in order for a home to be constructed. The property is zoned C-l Commercial. It was also explained that parking would be a problem with a one car carport as shown on the site plan. Mr. Battle will need either a wider driveway or an additional parking space beside the home. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 22, 1986 Page -2- For the record, it was reported by City Manager Saunders, that Ken Mavis, who owns property to the north and east of the property in question, opposes the request to build a home on the lot. He feels. because it is zoned for Commercial, it should be developed in that manner. It was pointed out that Mr. Mavis' property is developed with duplexes. City Attorney Baird explained that the City should not deny this request because of the fact that Mr. Battle owned the property prior to 1968. He further stated that he believed a home was preferable in the area and the corner lot makes the property more difficult to develop. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER 86-129 TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE, WITH COUNCIL MEMBER HUFF VOTING NAY,' TO GRANT THE SIDE YARD VARIANCE FROM THE REQUIRED 25 FEET TO 11.5 FEET FOR PROPERTY LOCATED AT 398 CHESTNUT STREET. NEW BUSINESS RESOLUTION NO. 532 - RESCINDING RESOLUTION NO. 519 City Attorney Baird explained the request by Cablevision Industries to rescind Resolution No. 519. It was not a merger of companies as previously indicated, but merely a stock transfer. The request to rescind the resolution is an in-house matter to clean up the records of Cablevision Industries. However, they do request approval, of the stock transfer. 86-130 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. 532 RESCINDING RESOLUTION NO. 519. 86-131 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO RECOGNIZE THE STOCK TRANSFER FROM CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC. TO CABLEVISION INDUSTRIES, INC. BOTH BUSINESSES BEING OWNED BY ALAN GERRY. RESOLUTION NO. 532- OPPOSING THE PERMITTING PROCEDURE FOR CLAY AND SAND MINES BY LAKE COUNTY Mayor Pool explained that as requested by Council at the July 8, 1986 Council Meeting, the resolution was prepared opposing the permitting procedure for clay and sand mines by Lake County. City Attorney Baird then explained the procedure the County follows when permitting sand and clay mining. He further stated that he had some difficulty with the wording of the resolution because the County does require a site plan as part of its permitting procedure, and that the wording of the resolution gave him the impression that the City wanted the County to continue as they are now doing. City Manager Saunders explained that the intent of the languague "site development plan" was to require more than an excavation plan. A development plan for the site after the excavation is completed should be approved prior to permitting the excavation. Much discussion ensued concerning the manner in which the County does issue permits for sand and clay mining. It was stated that they could go to grade level (level of Highway 50) in Agricultural or Commercial zones without rezoning the property. It was the e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 22, 1986 Page -3- . consensus of Council that they opposed the random digging of holes to mine the sand and clay and then just leaving the hole, City Attorney Baird stated that the County Commission was very im- pressed with the arguement that you must mine the sand where it is. Council Member Turville questioned this fact and asked if they (those doing the mining) had the right to destroy the neighboring property value in the process. It was the consensus of Council that sand and clay mining should be allowed only if it is being done as site work for future development. It was determined that the Resolution'should define the terms "site development plan". 86-132 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE RESOLUTION NO. 533 UNTIL SUCH TIME AS THE CITY ATTORNEY AND CITY MANAGER REWRITE THE RESOLUTION CLARIFYING TERMINOLOGY. BID APPROVAL - TREES FOR DOWNTOWN BEAUTIFICATION PROJECT City Manager Saunders reported that Drake Elm trees to be planted along advertised, and bids received until proposals were received as follows: Magic Grow Gardens Cherry Lake Tree Farm requests for bid proposals for the Montrose Street had been publicly, 10:00 a.m., July 22, 1986. Two $28.50 each - delivered $30.00 each - pick up The vendor would provide 60 - 70 trees as determined by the City. It was recommended that the Council accept the low bid of Magic Grow Gardens. Some discussion ensued concerning ~he tree planting project. It was determined that the trees would be planted as soon as the irrigation system is completed, which would be within two weeks. 86-133 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF $28.50 PER TREE, DELIVERED FROM MAGIC GROW GARDENS. APPOINTMENTS APPOINTMENT TO THE CODE ENFORCEMENT BOARD Mayor Pool asked if anyone had found a person willing to serve on the City's Code Enforcement Board. City Manager Saunders stated that no one had contacted City Hall concerning the appointment, and the Council Members stated that no one had approached them. , City Attorney Baird stated that the City needed interested people to serve on the Board, and cited a recent meeting which had to be cancelled because a quorum was not present, and no one had bothered to call and say they would not be able to attend. Nilsa Whitehead, who was present in the audience, asked what the job of a Code Enforcement Board Member entailed. Mayor Pool and City Attorney Baird explained the function and duties of the Board. Edward Whitehead, who was present in the audience, stated that he would be willing to serve on the Code Enforcement Board. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 22, 1986 Page -4- 86-134 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPOINT EDWARD WHITEHEAD TO FILL THE UNEXPIRED TERM OF MARVIN STYLES ON THE CODE ENFORCEMENT BOARD. There being no further business, the meeting adjourned at 8:15 p,m. ~4!~ Attest: erk