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03-11-1986 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 11, 1986 A Regular Meeting of the Clermont City Council was held 'Tuesday, Ma~ch 11, 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 Cole, and Council Member Huff. Council Member Dupee was absent due to illness. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, and Deputy City Clerk Brandt. INVOCATION The Invocation was given by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held February 25, 1986 were approved as presented. REPORTS CITY MANAGER'S REPORT SOUTH LAKE ART LEAGUE ART SHOW It was reported that the South Lake Art League would be holding a juried show at the Montrose Street Gallery from March 24 through April 6, 1986, and had requested a $50 Merit Award Sponsor donation from the City to help defrey costs of the exhibition. 86-43 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COU~IL MEMBER HUFF AND U~NIMOUSLY CARRIED TO GRANT THE REQUEST ,AND GIVE A ONE TIME DO~TION OF $-50 TO THE SOUTH LAKE ART LEAGUE. ROWING REGATTA It was reported that if there were no Council Objections, the third annual Rowing Regatta would be held on Lake Minneola on Saturday, March 22, 1986. Representatives from six high schools and eight colleges will participate. It was the consensus of Council to allow this request. CYSTIC FIBROSIS BIKE-A-THON It was reported that the annual Cystic Fibrosis Bike-A~~hon would be held on Sunday, March 16, 1986 from 1:00 - 4:00 p.m. SPRING SPRINT It was also reported that the Spring Sprint, a mini Triathlon, would be held on Sunday, March 16, 1986 beginning at 8:00 a.m. Mr. Saunders stated that the company removing railroad ties would be cleaning up their debris and moving equipment for the event. WORKSHOP City Manager Saunders reported that a Workshop was needed to discuss amendments to the City's Comprehensive Plan and Future Land Use Map. It was the consensus of Council to hold the Workshop on Wednesday, March 19, 1986 at 7:00 p.m. in the City Hall Conference Room. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 11, 1986 Page -2- COUNCIL MEMBER HUFF'S REPORT LAKE COUNTY ECONOMIC DEVELOPMENT COUNCIL Council Member Huff reported that the Economic Development Council would be holding boat races on Labor Day weekend and urged all those present to attend the festivities. SOUND SYSTEM FOR JENKINS AUDITORIUM It was also requested that the City investigate a total quality sound system for Jenkins Auditorium, and elimination of the echo effect in the building. City Manager Saunders stated that he would look into this matter and report back to Council. COUNCIL MEMBER COLE'S REPORT GROCERY CARTS Council Member Cole reported that the grocery carts were building up in the Lincoln Park area, and asked the City Manager to contact the local grocery stores to pick them up. City Manager Saunders stated that he would do so. ROSS P. COPELAND Mr. Copeland appeared before Council to request a Conditional Use Permit to construct a 5,000 square foot retail store in a C-l district. It was explained that a retail business with greater than 3,000 square feet of floor space requires a C.U.P. in C-l zones to insure the project will not adversely affect the neigh- borhood. The proposed building will be located east of the new Texaco station on Highway 50 on property suitable for this type of business, and large enough to meet all setback, lot coverage parking and drainage requirements. It was reported that the Planning and Zoning Commisssion at their meeting held March 4th, recommended ~pproval of the C.U.P. There was considerable discussion of the driveway onto Chestnut Street with three members opposed to its construction. It was pointed out that the proposed site plan indicates a drive- way onto. Chestnut Street, and some discussion ensued concerning elimination of it. Council Member Huff stated that he believed the driveway should be required to allow ingress and egress for safety reasons, and to allow semis to unload at the rear of the building. Mr. Copeland stated that he received daily deliveries from UPS, a semi delivery once a week and a flatbed truck delivery every two weeks. City Attorney Baird stated that the Council should, due to the increase in traffic on Highway 50, be considering Chestnut Street as an alternate through street to Highway 50. After some further discussion, it was the consensus of Council that the driveway should remain. It was pointed out that the site plan indicated an outside storage area surrounded by six (6) foot chain link fence, and Section 26-22 of the Zoning Ordinance requires outdoor storage to be surrounded by e e CITY OF CLERMONT MINUTES REGLAR COUNCIL MEETING March 11, 1986 Page -3- a substantial continuous masonry fence or similarly permanent con- struction approved by the City. The fenced storage area is shown to be 25' x 30', which would place the fence on the south property line. The City Landscape Ordinance requires a five foot landscape buffer which will limit the storage area to a depth of 20'. Mr. Copeland stated that he would comply with the City's requirements concerning these two items. Mayor Pool called for comments from those present in the audience, and no one spoke for or against this request. 86-44A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #521 GRANTING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A FIVE THOUSAND SQUARE FOOT BUILDING ON LOTS 9 TO 19 INCLUSIVE, BLOCK 89, LESS THE WEST 149.87 FEET THEREOF. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, COLE AND TURVILLEi AYE AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. IRENE MILNOR - REQUEST FOR VARIANCE TO THE DRIVEWAY ORDINANCE Mrs. Milnor appeared before Council to request a variance to the City's driveway ordinance to allow construction of a second drive- way. Mrs. Milnor explained that she has hills on both sides of her home and has no place to park her boat and motor home. She explained that it was difficult to back over the existing curb with a boat, and that she would like to construct a second drive- way on the north side of the property going to the side yard, level the side yard area and build a retaining wall along the side yard area. Mrs. Milnor stated that the retaining wall would be stuccoed and the area attractively landscaped. It was explained that Section 19-23 of the Code limits driveways to one 20' driveway or two 10' driveways for each 100' of street frontage. Mrs. Milnor's property has 100'of street frontage and a 18.1' existing driveway. Council.Member Turville stated that paving the side yard area would effectively eliminate the side yard and that he was not fond of the request. Mayor Pool concurred and stated that the City must draw the line on allowing multiple driveways. Mr. Ed Pauley, who was present in the audience, stated that he had recently purchased the home to the north of Mrs. Molner's property and was not concerned about the slab, but was opposed to another ,driveway and the number of vehicles it might contain. 86-45 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DENY THE REQUEST FOR A VARIANCE TO THE DRIVEWAY ORDINANCE. TOMMY AND JANNIEBELL JOHNSON - REQUEST FOR A CONDITIONAL USE PERMIT TO ESTABLISH A CHURCH IN AN EXISTING HOME ZONED R-2, LOT 23, LINCOLN HEIGHTS Mr. Johnson appeared before Council to request a C.U.P. to establish a church in an existing home located at 907 Scott Street. Mr. John- son explained that the man across the street would allow him to use his lot for parking, and Mr. Clark, who lives next door to the home, has no objections to a church being located there. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 11, 1986 Page -4- Mayor Pool called for comments from those present in the audience, and Ruben Jameson, who lives in the neighborhood and owns a rental house adjacent to the proposed church site, stated that he believed it was not a proper place to have a church because there was an isting home within twenty feet of the building. Mrs. Clay Reed spoke in favor of the request stating that she believed that a church should be allowed because the building will be brought up to code and parking is available on the adjacent lots. Council Member Huff stated that he had looked at the .site, and did not believe a church should be located there because (1) the home does not meet code and will need extensive work, and (2) it is very close to the neighbors. Council Member Turville stated that he did not think a 50 foot residential lot was a good site for a church. Council Member Cole pointed out that in the future, the neighbor- lots might be sold, and there would be no guarantees of available parking at that time. City Attorney Baird explained that the City had zones for certain things" and by law the Council must determine if it is a proper area for a church. It was also pointed out that services had been conducted illegally at the site on several occasions over the past several months, re- sulting in numerous complaints of excessive noise late at night. All Conditional Uses must be controlled so as not to adversely affect the public health, safety, general welfare, or appearance of the neighborhood. The previous unauthorized use of this location by the applicants has demonstrated a definite adverse effect on the neighborhood. The Planning and Zoning Commission at~heir March 4th meeting voted unanimously to recommend denial of this request. ~6-46 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, , ,SECONDED' BY COUNCIL.MEMBER TURVILLE AND UNANIMOUSLY"CARRIED TO DENY THE REQUEST TO ALLOW'~HE ESTABLISHMENT. OF A. CHURCH AT.907 SCOTT ST. ASPEN ~ EMERALD LAKES MOBILE HOME PARK Mr. -Dick Negley, District Manager for Aspen-Emerald Lake, appeared before Council to request an amendment to-their C.U.P. to disregard lot lines and allow 15 feet between homes rather than the required 7.5 feet side yard setbacks from lot lines for the four remaining lots in the addition. A variance for Lot 223A was also requested to allow a side yard separation of 13'10" as opposed to the required 15 feet. It was explained that a home has already been placed on Lot 223A with a setback of 13'10" from the home to the south, even though the site plan presented to ,the City for zoning clearance indicates 7.5 foot setbacks on each side. The home could be moved, but it has been sold and the new owners would like to move in as soon as possible. It was explained that the C.U.P. (Resolution #432) approved a 31 e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 11, 1986 Page -5- unit addition to the park. The approved site plan indicates where the 31 lots are located, but this being a rental park, the individual lots were not required to be surveyed and marked. Survey markers were required only on overall boundaries of the addition. Because of this type of platting, the actual location of property lines for individual lots has been difficult to determine. However, the County Insp~ctor has, in all cases, made certain that at least 15 feet have been maintained between homes. Council Member Turville questioned the fact that it appeared that the carport and porch for the home on Lot 223A were constructed without zoning clearance or building permits. Mr. Negley explained that he was under the impression that all of the permits had been issued. He explained that they pull the permits for the home and the aluminum subcontractor is responsible for permits for additions such as porches, carports and screenrooms. Mr. Butler, who lives on Lot 2l5A, stated that he had measured from the adjacent trailer and found it to be only 14'2" from his mobile home. Upon further discussion with Mr. Negley, it was determined that Mr. Butler had measured from the edge of the cement footer which extends beyond the actual mobile home. Mr. Negley assured the Council that the 15' would be maintained between homes. 86-47A MOTION WAS MADE BY COUNCIL MEMBER ,TURVILLE, SECONDED BY COUNCIL MEMBER HUFF. AND UNANIMOUSLY CARRIED TO GRANT THE REQUESTED AMEND- MENT TO RESOLUTION NO. 432 ALLOWING FIFTEEN FEET TO ,BE MAINTAINED BETWEEN THE REMAINING FOUR-MOBILE HOMES. THE VARIANCE FOR LOT 223A ALLOWING A SIDE YARD..SEPARATION OF 13'10" WAS ALSO GRANTED. MERCHANTS ASSOCIATION OF SOUTH ,LAKE PLAZA City Manager Saunders explained that the merchants were requesting an agreement between the City and their association for the City to issue an annual permit for a portable sign with use to be regu- lated by the Merchants Association. The City Sign Ordinance allows a business to have a portable sign for one thirty day period in each twelve month period. Only one portable sign may be placed per shopping center. The intent of the Merchants Association is to keep a portable sign permanently on the property. This would definitely set a precedent for other shopping centers, office complexes, or multi-use buildings now in existence, and for those to be developed in the future. City Attorney Baird stated that the City does not have the auth- . ority to delegate police power (regulation of the sign ordinance) to the Merchants Association. ~6-48A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DENY THE REQUEST. UNFINISHED BUSINESS WEST BEACH City Manager Saunders explained that the property the City had been considering to purchase (Lot 18, Block 117), adjacent to West Beach was located too close to an existing home. A survey of the property revealed that it was situated farther to the east than originally thought, and no part of the property was being used as beach area. - - e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 11, 1986 Pagei-6- The City's initial interest in the property was largely due to the misconception that we were already utilizing a portion of the lot for City recreational purposes. City Manager Saunders recommended that the City not purchase the property because it would be difficult to to develop or use for recreational purposes. The money might be better spent on other recreational projects. 86-49After a brief discussion, A MOTION WAS MADE COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED NOT TO PUR- CHASE LOT 18, BLOCK 117. RAILROAD RIGHT-OF-WAY PURCHASE City Manager Saunders reported that he had obtained information from the Trust For Public Land concerning the Seaboard Systems Railroad right-of-way. Their appraisal indicates a value from the low of $7,000/acre to a high of $12,000/acre, or a range of $84,000 to $144,000 for the approximately 12 acres of right-of-way. The railroad has offered the property to the City for $250,000. Mr. Saunders continued by stating that the Trust had informed him that in their previous dealings with Seaboard, it was normal for the offering price to be double the value. A series of offers and counter-offers had also been the norm in past negotiations. After some further discussion, it was determined that the City would begin by offering the Seaboard System Railroad $5,000/acre. City Attorney Baird stated that he would do a title search to determine exactly what property the railraod owned. He also stated that he would draft the offer to them. 86-50 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO OFFER THE SEABOARD SYSTEM RAILROAD $5,000 PER ACRE BASED UPON ON THE SURVEYED ACREAGE THEY HOLD TITLE TO. RESOLUTION #:519 City Attorney Baird explained that Cablevision Industries of Central Florida, Inc. had requested the City's approval of a merger with Cablevision Industries, Inc. Since both companies are 100% owned by Alan-Gerry, the merger would not result in a transfer of control. Some discussion ensued over the fact that Cablevision Industries of Central Florida had neglected to give 60 days advance notice to the City concerning any rate increases, as required by their Franchise Agreement. City Manager Saunders was directed to bring this to the attention of the company. He stated that he would do so. 36-51 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 519 GRANTING APPROVAL OF THE MERGER OF CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC. INTO CABVLEVISION INDUSTRIES, INC. ~HE RESO- LUTION WAS READ BY TITLE ONLY. BID APPROVAL - SEWAGE TREATMENT PLANT EXPANSION City Manager Saunders stated that the bid approval needed to be tabled. The bid date had been extended for one week due to requested clarification on one phase of the project. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING March 11, 1986 Page -7- 86-52A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL , MEMBER COLE ,AND UNANIMOUSLY CARRIED TO TABLE THE SEWAGE TREATMENT PLANT EXPANSION BID APPROVAL. RESOLUTION #520 This resolution directs the publication of notice of the sale of $885,900 of Bond Anticipation Notes. City Attorney Baird explained that the Farmers Home Administration had approved a bond for this amount, but funds will not be available until completion of the ,project in nine or ten months. The Bond Anticipation Notes will provide interim financing for the treatment plant expansion project. 86-53A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCLL MEMBER . ,TURVILLE AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. 520 DIRECT- ING THE PUBLICATION OF NOTICE OF SALE OF $885,900 OF 1984 WATER AND , SEWER REVENUE BOND ANTICIPATION NOTES. (TITLE ONLY) . ,PUBLIC DISCUSSION TRAFFIC CONTROL SIGNS FOR ELEMENTARY SCHOOL Mr. Whitehead, who was present in the audience, asked about the status of traffic control at the elementary school. City Manager Saunders explained that permanent signs directing traffic in a one way pattern around the school between the hours of 2:00 and 3:00 p.m. had been ordered from the State Contract with an expected delivery date of six to eight weeks. In cooperation with the City, the school will send home with the students notices of the proposed change. For the first two weeks after the signs are installed, officers will be present at the school to enforce the new regulations. There being no further business or discussion, the meeting adjourned at 9:05 p.m. ~1/~ Robert A. ~Ol, Mayor Attest: