06-11-1985 Regular Meeting
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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.
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June 11, 1985
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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
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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.
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June 11, 1985
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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.
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June 11, 1985
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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
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June 11, 1985
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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.
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Robert A. Pool, Mayor
Attest: