Loading...
06-11-1985 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 11, 1985 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, June 11, 1985 in the Council Chambers. The meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Huff, Council Member Cole and Council Member Henry. Other City Officials present were City Manager Saunders, City Attorney Baird, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by City Manager Saunders followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting and the Workshop Meeting held May 28, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT DEPARTMENT OF ENVIRONMENTAL REGULATION It was reported that the Department of Environmental Regulation had reviewed our appraisals for the purchase of the sprayfield property and everything was in order. The appraisals have been forwarded to the Environmental Protection Agency in Atlanta, Georgia for their approval. City Manager Saunders asked for Council permission to proceed with the purchase of the sprayfield site after EPA approval is given. 85-101 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO PROCEED WITH THE PURCHASE OF THE SPRAYFIELD PROPERTY UPON RECEIPT OF THE ENVIRONMENTAL PROTECTION AGENCY'S APPROVAL LETTER. CHESTNUT STREET PARK It was reported that as of this time, no C1V1C organizations had volunteered to fence the Chestnut Street Park as a service project. Public Works Director Smythe has recommended that the entire park be fenced for safety. It was pointed out that the developer who built the duplex to the west had fenced a section of his yard, which reduces the amount of fencing required of the City. 85-102 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO PROCEED WITH THE FENCING OF THE WEST SIDE AND FRONT OF THE PARK AS SOON AS POSSIBLE. BUDGET WORKSHOP City Manager Saunders stated that he would like to schedule a Budget Workshop for either June 26th or 27th at 7:00 p.m. in the City Hall Conference Room, and asked the Council which date they preferred. It was the consensus of Council to hold the meeting on June 26, 1985. CITY ATTORNEY'S REPORT City Attorney Baird reported that the Gables Restaurant had applied for a beer and wine license. Normally, this would be denied because the Gables is located less than 500' from the Christian Science Church. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 11, 1985 Page -2- However, the attorney for Mrs. Deaton, owner of the restaurant, is taking the position that because the use of the Gables as a restaurant is a non conforming use, and was "grandfathered in", and therefore, should be allowed to have a beer and wine license. City Attorney Baird pointed out that in his research he had found a case documenting the fact that a building does not lose its non- conforming use status by virtue of being closed, and after making some further comments recommended that the request be granted. 85-103 Some further discussion ensued, and A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER UNTIL SUCH TIME AS IT CAN BE PLACED ON THE AGENDA FOR THE NEXT MEETING. THE STAFF WAS DIRECTED NOT TO SIGN THE APPLICATION UNTIL AFTER THE MEETING. By placing the item on the agenda, it was thought that the public would be made more aware of Mrs. Deaton's request, and would have an opportunity to give their input to the Council. COUNCIL MEMBER HUFF'S REPORT ROAD IMPACT FEE Council Member Huff stated that he had attended a meeting for the advisory committee on the road impact fee and that it would be one year before the County would know how much money will be collected. The committee members were divided into three groups by district, and Clermont is in District 5-6 with Groveland and Mascotte. The next meeting of this group will be held in July. COUNCIL MEMBER COLE'S REPORT CHAMBER OF COMMERCE CLERMONT BROCHURE Council Member Cole reported that for an additional $750 the Chamber could get 25,000 brochures printed. At the May 28, 1985 Council Meeting the Council approved $2,000 to assist in printing 10,000 brochures. Council Member Cole asked that the City contribute $350 as its share for printing the 15,000 extra brochures. 85-104 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GIVE THE CHAMBER OF COMMERCE AN ADDITIONAL $350 TO PAY FOR PRINTING THE 15,000 EXTRA BROCHURES. COUNCIL MEMBER TURVILLEIS REPORT UNSOLICITED NEWSPAPER DELIVERY Council Member Turvi11e asked City Attorney Baird for a status report regarding the indiscriminate delivery by motor carrier of the "Leesburg Commercial II and "Lake News" to Clermont residents. City Attorney Baird stated that he had written a letter to the Leesburg Commercial explaining the City's ordinance against this practice. The newspaper's New York attorney had responded by citing cases showing that our ordinance violated the First Amendment e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 11, 1985 Page -3- and that recent Supreme Court decisions pre-empted our ordinance concerning the distribution of newspapers. Mr. Baird went on to state that most of the newspapers are thrown on City right-of-way, not in yards, and this procedure conflicts with the Supreme Court ruling. He further stated that each prop- erty owner should call the newspaper and ask them not to throw it in their yard. Mr. Baird stated that he was in the process of rewriting the City's ordinance. Mayor Pool, Buck Evans and Don McCaffrey offered various solutions for the' problem, including collecting all the unwanted newspapers in the City and dumping them in the Leesburg Commercial's yard in Leesburg. City Attorney Baird asked for the authority to file an injunction against the Leesburg Commercial if it continues to throw newspapers on City right-of-way. 85-105 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO GRANT MR. BAIRD THE AUTHORITY TO FILE AN INJUNCTION AGAINST THE LEES BURG COMMERCIAL IF IT CONTINUES TO THROW NEWSPAPERS ON CITY RIGHT-OF-WAY. MAYOR'S REPORT COOPER MEMORIAL LIBRARY ROOF Mayor Pool reported that the Library Board had received three bids from three different companies for repairing the library roof. Each company bid a different type of roof. The Library Board has accepted the bid of $10,700 from Eustis Roofing Company for the repairs which will consist of a four layer coating applied to the existing roof and fifteen roof vents. The work will be guaranteed for ten years. The Library Board asked if the City would contribute to the ~ost of the repairs as owners of the building. Mr. Paul Hobensack, who was present in the audience, questioned the propriety of accepting a bid when no specifications were given for the job, and asked if taxpayer's money would be used on the project. City Manager Saunders stated that he had explained the City's procedure for letting bids, and that he too had questioned bidding out the project without specifications. City Attorney Baird pointed out that the City could approve an expendi- ture of $2,000 without bids, and consequently could give them that amount of money. It was explained that the City owns the building and pays the mort- gage, as well as contributing other money. In 1985 $48,500 was budgeted by the City for the Library. The Library Board is respon- sible for repairs, even though the City owns the building. Librarian Bonnie Homan, who was present in the audience, stated that the roof would be paid for whether or not the City contributes to the cost of repairs. She also pointed out that the Library Board had built the new addition to the City's building without any finan- cial help from the City. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 11, 1985 Page -4- After some further discussion, it was the consensus of Council to table this matter until further information could be obtained on the bids because it was not definitely known if the contract was signed with Eustis Roofing Company. VISITORS WITH BUSINESS CARMEN AND MERLE C. PANKO - LOT WIDTH VARIANCE REQUEST FOR LOT 2, FORTY PINES, MINNEHAHA AVENUE Carmen Panko appeared before Council to request a lot width variance from the required 75' to 70' for Lot 2, Forty Pines Subdivision. Mr. Panko explained that when he purchased the property, prior to the present zoning ordinance, the lot width requirement was 60'. The property is currently zoned R-2 which requires a lot width of 75'. Mr. Panko stated that he plans to build a duplex on the property. Council Member Turville stated that all other requirements had been meet for the lot. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, 85-106 SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THE LOT WIDTH VARIANCE FOR LOT 2, FORTY PINES FROM THE REQUIRED 75 FEET TO 70 FEET. OLD BUSINESS CHAMBER OF COMMERCE REQUEST FOR FIREWORKS DISPLAY FOR LABOR DAY CELEBRATION City Manager Saunders reported that he had contacted several fireworks suppliers, and the only company that would supply the fireworks and handle the display was APC Fireworks. This is the same company the City hired for last year's Centennial Fireworks Display which cost $2,000. The company offers a wide variety of packages ranging from $1,250 to $3,500. Cuqui Whitehead, who was present in the audience, asked who would be responsible if an accident occurred and who cleaned up after the display? Mr. Saunders stated that APC Fireworks carried its own liability insurance and was responsible for the clean up. 85-107 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO SPONSOR THE LABOR DAY FIREWORKS DISPLAY IN THE AMOUNT OF $2,000. INTRODUCTION OF ORDINANCE 245-C, ZONING ORDINANCE Mayor Pool explained that Ordinance 245-C was a revision of Ordinance 208-C, the City's present zoning ordinance. During the past several months, numerous Workshops have been held concerning the submitted revisions. 85-108 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE TO INTRODUCE ORDINANCE NO. 245-C. The Ordinance was intro- duced by title only. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 11, 1985 Page -5- Mayor Pool then stated that this was a public hearing, and called for comments from those present in the audience. Earlier, each Council Member had received a copy of a map of the inter- section of Highways 50 and 27. Mr. Tom Liddell and Mr. Don McCaffrey both spoke concerning a suggested change to the Zoning Ordinance con- cerning setback requirements on Highways 50 and 27. Currently, the City requires a 50 foot setback on all property adjacent to these highways. Mr. Liddell owns property at the southeast corner of the intersection of the highways, and stated that he would like the City to consider changing the setback requirement to 25 feet where a service road is involved, and to 7.5 feet at limited access areas. The proposed change to the zoning ordinance would be the addition of the following paragraph to Column E, Minimum Yard Requirements, Article XIV, C-2 General Commercial: 6) Where access is by a service road or where the right-of-way exceeds 100 feet, the required front yard setback should be 25 feet. Where limited access is provided, the setback from the limited access shall be 7.5 feet. City Manager Saunders stated that he had been in contact with Mr. Benedict of the DOT and was told that the DOT could pave right up to the edge of the right-of-way. If this was the case, 7.5 feet would not allow a fire truck access behind a building located that close to the lot line. He also stated that he would like to clarify that presently the service road requirement is 25 feet, and that the service road is located in the DOT right-of-way. Much discussion ensued concerning the uniqueness of Mr. Lindell's property and what should be done in areas of limited access. Mr. McCaffrey pointed out that there was 750 feet of right-of-way across the intersection in question. Mayor Pool then read the changes recommended by the Planning and Zoning Commission at its June 4, 1984 Meeting, and City Manager Saunders elaborated on each item. (These recommended changes are listed on the memo from the Planning and Zoning Technician dated June 5, 1985 which is attached and made part of this record). It was also mentioned that the Planning and Zoning Commission had suggested that the Council should consider changing the one year waiting period for resubmittal of a Conditional Use Permit or Variance request. All recommendations were taken under advisement. The next public hearing on this matter will be July 9, 1985. INTRODUCTION OF ORDINANCE l68-M - COMPREHENSIVE PLAN AND FUTURE LAND USE MAP, FIVE YEAR EVALUATION AND UPDATE OF THE COMPREHENSIVE PLAN -AND ADOPTION OF A LAND USE MAP Mayor Pool explained that this was a public hearing, and that the Local Government Comprehensive Planning Act requires each local government to evaluate its Comprehensive Plan five years after the e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 11, 1985 Page -6- initial adoption. Several Council Workshops have been held for this purpose with changes being made where needed. A Future Land Use District Map has also been reviewed during this time, and will be adopted as part of the Land Use Element of the Comprehensive Plan. Several Workshops have been held, and changes were made where needed. City Manager Saunders notedthat Section 1 of Ordinance l68-M should be corrected to read liThe attached Comprehensive Plan, including the Future Land Use District Map.I,1 85-109 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE l68-M AS CORRECTED. The Ordinance was read by title only. Mayor Pool called for public comments and Claude Smoak stated that he would like to address the Council. Mr. Smoak then read several para- graphs from Secition II of the Comprehensive Plan concerning Land Use Compatibility and Community Goals and Objectives. In referencing the Zoning Map and the Future Land Use Map, Mr. Smoak asked which one would take precedent? He also asked if there would be a blanket rezone of the City to make the maps conform, and asked the Council to consider if they would have two documents that say the same thing, or two documents that fight with each other. Continuing, he further stated that the time to address any zoning conflicts within the City is now. In 1980 there were 23 conflicts, and consequently no Future Land Use Map was adopted at that time. He then urged the Council to delay adopting the Comprehensive Plan and Future Land Use District Map until such time as the Council feels comfortable with them and the two are compatible. City Manager Saunders stated that the Future Land Use Map would be used as a guideline, but it would be very difficult to immediately make the two documents totally compatible. All comments were taken under advisement. The next Public Hearing on the Comprehensive Plan and Future Land Use District Map will be held on July 9, 1985. There being no further business, the meeting adjourned at 9:30. ~ /J /!.~ Robert A. Pool, Mayor Attest: