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04-26-1988 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 26, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday April 26, 1988 in the Council Chambers. The meeting was called t~ order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Dupee and Council Member Huff. Council Member Cole was absent due to illness. Other City Officials present were City Manager Sauders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Workshop Meeting held March 1, 1988 and the Regular Meeting held April 12, 1988 were approved as presented. REPORTS CITY MANAGER SAUNDER'S REPORT LAKE WATER AUTHORITY It was reported that the Lake Water Authority would be meeting at 5:30 p.m. on Wednesday, April 27, 1988 in their conference room. SCHOLASTIC ROWING REGATTA It was reported that the Orlando Rowing Club had requested Council permission to hold the Scholastic Rowing Regatta for high schools at Jaycee Beach on Saturday, May 14, 1988. It was the consensus of Council to approve this request. SPECIAL COUNCIL MEETING City Manager Saunders stated that he would like to hold a Special Council Meeting on Monday, May 2, 1988 to discuss some early payoff discounts on existing bond issues which are being offered by the' Farmers Home Administration as part of the Federal Deficit Reduction Act. If the City wishes to participate in the refunding program, the FmHA must be notified by Friday, May 6, 1988 of our intent. Mr. Saunders further stated that it appeared that the City would realize significant savings over the life of the bonds, but that Mr. Van Zile would have more definite figures on Monday. After a brief discussion, it was the consensus of Council to hold the Special Meeting at 6:30 on Monday, May 2, 1988. MAY 10, 1988 REGULAR COUNCIL MEETING City Mananger Saunders stated that he would like to change the starting time of the next Council Meeting to 8:00 p.m. due to the Special Election which is being held. The Council Chamber is used as a polling place. It was the consensus to do so. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 26, 1988 Page -2- CITY ATTORNEY BAIRD'S REPORT CODE ENFORCMENT BOARD City Attorney Baird commended the Code Enforcement Board and the City's new Code Enforcement Officer for the excellent job they are doing. NILSA WHITEHEAD'S REPORT PARKS AND RECREATION BOARD APPOINTMENT Mrs. Whitehead asked that Mayor Pool appoint Karen Turville to the Parks and Recreation Board, which would bring the membership on the Board to twelve. Mrs. Whitehead stated that she felt twelve members was very workable membership, and asked that a cap of twelve be placed on the board. It was the consensus of Council to limit the membership to twelve, and then MAYOR POOL APPOINTED KAREN TURVILLE TO THE PARKS AND RECREATION BOARD. Mrs. Whitehead also gave a brief outline of events planned for the City's Fun Fest scheduled for May 14, 1988, and asked for volunteers to receive a pie-in-the-face on that day. AZALEA PARK Mrs. Whitehead asked for volunteers to come to Azalea Park on Saturday, May 21, 1988 at 7:00 a.m. for the final planting of azalea bushes. Those who wished to attend were asked to bring their own shovels. CENTER LAKE Mrs. Whitehead requested that all of the alligators be removed from Center Lake due to the possible hazard caused by children feeding ducks along the shoreline, and that the pipe leading to Lake Winona be screened. City Manager Saunders stated that two had been removed recently, and that the City would continue to monitor the situation. VISITORS WITH BUSINESS KATHY ASMANN - SOUTH LAKE YMCA 88-057 Kathy Asmann, representing the YMCA, appeared before Council to request renewal of their lease for the old library building on DeSoto Street for another year. Mrs. Asmann stated that they wished to pay the same monthly rate as in the past, which is $101. After a brief discussion of the YMCA program and their use of the building, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO RENEW THE LEASE WITH THE YMCA FOR ONE YEAR WITH A MONTHLY FEE OF $101. City Manager Saunders stated that the YMCA had requested a reduced rate for use of the Highlander Hut from June 6 through July 8 and from July 25 through August 5, 1988. Mrs. Asmann stated that at the time the letter was written, the YMCA was not aware that the air conditioning would be installed. City Manager Saunders stated that he had suggested that instead of a reduced rate for rent, the e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 26, 1988 Page -3- 88-058 YMCA pay the electric bill for the weeks they use the Highlander Hut. Mrs. Asmann stated that the YMCA would be willing to pay the electric bill. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ALLOW THE YMCA TO USE THE HIGHLANDER HUT FROM JUNE 6 THROUGH JULY I AND FROM JULY 25 THROUGH AUGUST 5, 1988 FOR PAYMENT OF THE YMCA'S SHARE OF THE ELECTRIC BILL FOR USE OF THE BUILDING ON THOSE DATES. CLERMONT ELEMENTARY SCHOOOL, GEORGE WOOD - VARIANCE REQUEST City Manager Saunders explained that Mr. George Wood, who was repre- senting the South Lake Kiwanis Club and the Clermont Elementary, was not present to request the rear yard setback variance to allow the placement of a pavilion-type structure on the playground adjacent to East Avenue. The Kiwanis Club will be constructing the building as a sun shelter for the elementary children. City Attorney Baird then explained that Mr. Wood was not present because School Boards, under the Florida Statutes, were exempt from municipal building codes and zoning ordinances, and therefore, they did not need a variance. However, because the request was advertised, Mr. Baird advised the Council to proceed with granting the variance. 88-059 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE REAR YARD VARIANCE REQUEST OF FIVE FEET WHERE TWENTY-FIVE FEET IS REQUIRED FOR BLOCKS 2 AND 3, SUNSET HEIGHTS. DALE LADD - LOT COVERAGE VARIANCE REQUEST FOR BLOCK 74, LOTS 11, 12 & 13 Mr. Ladd appeared before Council to request a variance to the Zoning Ordinance to allow 28% lot coverage where 25% is allowed for Block 74, Lots 11, 12 and 13. Mr. Ladd stated that he wanted to build a multi- family structure of four units on this property, and that the quadra- plex would meet all of the zoning requirements except the coverage requirement of 25%. City Manager Saunders stated that there were discrepencies in the City's Zoning Ordinance with regard to allowable coverage, and then referred to Planning Director McAllister's memo concerning the request. Planning Director McAllister stated that he believed that 40% coverage for property zoned R-3 would be more appropriate, and that it would be best to grant Mr. Ladd the 40%. Mayor Pool then called for comments from those present in the audience. Ben McDowell, Kathy Lane and Mary Shaw all spoke against granting the variance because they did not want a quadraplex to be built in their neighborhood of single family homes. They all expressed their concern that multi-family housing would eventually squeeze out single family homes in the area and cause increased traffic problems. e. e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 26, 1988 Page -4- Council Member Turville stated that he could understand their concerns, but that the property was zoned for the construction of a quadraplex and that could not be changed tonight. He continued by stating that if they wished to change the zoning in their parti- cular area, they should request the change during the meetings held in February and August for changes to the City's Comprehensive Plan. Council Member Huff commented that the coverage requirements should be consistent between the various property classifications, and that the discrepencies in the Zoning Ordinance needed to be corrected. 60 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER 88-0 DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE RE~UEST FOR THE TWENTY-EIGHT PERCENT LOT COVERAGE FOR LOTS 11, 12 AND 3, BLOCK 74. The City Staff was the directed by Council to check for inconsistencies with regard to lot coverage in the Zoning Ordinance and to rectify the same by an appropriate amendment. DOMINO'S PIZZA - VARIANCE REQUEST TO THE SIGN ORDINANCE Dale Ladd, representing Mr. John Hopper, owner of Domino's appeared before Council to request a variance to the Sign Ordinance to allow a five foot setback where a twenty-five foot setback is required. Mr. Ladd stated that he was making this request because he was trying to avoid placing a pole sign next to the existing pole sign at Max Judy's Real Estate Office. Mr. Ladd continued by stating that the type of sign Mr. Hopper wished to place on the property was a 6' x 6' ground sign framed in brick matching the building, which he feels would be a much more attractive sign. Under the current ordinance a ground sign must be set back half the required front yard setback, which on Highway 50 would be a 25' set- back. The sign ordinance does allow a sign to be placed within 4.5 feet of the property line, but it would have to be elevated a minimum of nine feet above grade. Mr. Ladd further stated that if Mr. Hopper adhered to the 25' setback requirement for the sign, it would have to be placed either in the retention area or in the parking lot. City Manager Saunders then spoke, referring to Planning Director McAllister's memo recommending denial of the five foot variance. However, he stated that Staff was recommending approval of a ten foot setback which is the setback established by the citizens advisory committee who are now working on the new sign ordinance. Mayor Pool called for comments from those present, and Cecil Smart stated that he was opposed to the pole sign. No one else spoke in favor or in opposition to the request. 88-061 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO GRANT A TEN FOOT SETBACK FOR A GROUND SIGN TO BE LOCATED AT DOMINO'S PIZZA, LOTS 101 THROUGH 103, CLERMONT HEIGHTS. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 26, 1988 Page -5- DICK GALLUP - VARIANCE REQUEST TO ALLOW GRASS PARKING Mr. Gallup appeared before Council to request a variance to the Zoning Ordinance to allow grass parking at his business located in Sunset Park, Block 112, Lots 16 and 18. He explained that he was adding a 966 square foot addition to his existing shop and would be required to provide two additional parking spaces, which he wished to make as grass parking. Planning Director McAllister then explained that by code, Mr. Gallup must provide four parking spaces, two of which already exist in order to build the proposed addition. Due to the fact that there are only two employees, one of which is part-time, the Staff was recommending approval of the request with the following conditions: (1) The parking area shall be for employees and visitors only, (2) the parking area shall not be used to store heavy equipment and vehicles other than automobiles, vans or other passenger carrying vehicles, (3) parking area shall be delineated with "Employee Parking" signs and include parking bumpers and (4) any expansion to over four full time employees would require either a paved parking area or a variance from the same requirements. Mr. Gallup stated that he understood the conditions and would agree to them. Mayor Pool called for comments from those present and no one spoke for or against the requested variance. 88-062 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE REQUEST FOR GRASS PARKING SUBJECT TO THE CONDITIONS AS LISTED ABOVE. UNFINISHED BUSINESS SOUTH LAKE COUNCIL FOR THE ARTS - DISPOSITION OF FUNDS City Manager Saunders stated that during the last Council Meeting, the Council had requested that this matter be placed on the agenda for discussion to determine the disposition of the South Lake Council for the Arts remaining funds. Mr. Saunders explained that the City Council comitted the City to sponsor the Shakespearean Festival, which was to receive a State Grant. The Arts Council was to reimburse the City through ticket sales for the funding. However, the performance operated at a loss of $1030, and of the funds on hand afterward, all but $500 was returned to the City. In turn, the Council then approved the $500 for the UCF Jazz Lab's performance, which netted approximately $48. A third production produced a profit of $175. At the close of the season, there was a balance of $727.85 on hand, which results in a net outlay by the City of approximately $1,800. Mr. Saunders then asked the Council if it wished to appropriate $1,800 to the Council for the Arts or request that the $700 be returned to the City, which would leave the City with a $1,100 expenditure for the year. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 26, 1988 Page -6- Much discussion occurred concerning the original intent behind sponsoring the program, and if the City was going to pay for next year's programs, should they fall short. 88-063 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO ALLOW THE SOUTH LAKE COUNCIL FOR THE ARTS TO KEEP THE 00 AND THAT A BUDGET AMENDMENT IN THE AMOUNT OF 8 WITH THE MONIES COMING FROM GENERAL FUND RESERVES BE APPROPRIATED FOR SPECIAL ACTIVITIES. Mrs. Whitehead, Chairperson of the Parks and Recreation Board, asked if the money taken from her budget for use by the Council for the Arts would be put back into the Parks and Recreation Fund. City Manager Saunders stated that the budget amendment would allow the money to be placed back into the fund. BID AWARD - JAYCEE BEACH SEAWALL City Manager Saunders explained that only one bid in the amount of $12,la5_ from Greg Thomas Builders had been received, and $6,500 had been budgeted in the current year for the project. Mr. Saunders then recommended that due to the lack of response and the fact that the one bid was in excess of the budget and the City Engineer's estimate of $8,500 for the project, that the City reject this bid and rebid the project. 88-064 The Council concurred with this recommendation, and A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO REJECT THE BID OF GREG THOMAS BUILDERS AND REBID THE PROJECT. PUBLIC COMMENTS 911 EMERGENCY NUMBER Council Member Dupee asked what had been the outcome of the Lake County Management Association Meeting with regard to the County's charging the cities the additional fee for the implementation of the 911 emergency number. City Manager Saunders stated that most of the cities felt the same as the City of Clermont, that cities should not be requested to pay addi- tional costs for PSAP's, but that they felt resigned to pay the $50,000 for the additional equipment if they wanted it and could afford it. Under discussion of the matter, Council Member Huff emphasized that even though the City of "Clermont would not become a primary answering point, there would be no loss of services and the City would still have a quick response time through utilization of the 911 number. City Manager Saunders explained that one misconception has been that if we are not a PSAP, we would be dispatched by the County. However, this is not the case, the City of Clermont would retain its existing dispatchers and the 911 calls would be transferred from the County for the City to dispatch as it now does. INTERVENOR TASK FORCE Mrs. Dupee also asked of the status of the City of Clermont joining Coalition of Local Governments Task Force against Florida Power rate increases before the Public Service Commission. e. e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 26, 1988 Page -7- City Manager Saunders stated that Mr. Wells, Director of the Coalition, had contacted him last week and offered to appear before Council to discuss their involvement. Mr. Saunders further stated that he had contacted the County for a possible joint meeting, if the County also is considering joining. City Manager Saunders stated that he would report back to Council at a later date. There being no further business or discussion, the meeting adjourned at 9:00 p.m. ~ 1:~. ~~~-=- Attest: e e PETITION We, the undersigned, residents of the Edgewood Plat Subdivision, do hereby request that struc'tures in the Cherry Knoll Development be set back eighty (SO) feet from property lines as per James McAllister's request to the Planning and Zoning Commission on Tues~ay, April 5, l?,S: 1. ~~/~~~~ ~10 ~~ 2. ~ A~4wt~~ . c19tJ ~~ ). ~~~ 300 c.~e-C::TV,J=lol l1RI"&-" 4. 'if fuP (VitAM 0 JAirt-. 3 no e(\~i~ttD lJ.,,\LJn. 5. ~~~~ a, ~5t:;:;- J 7(; Cr-f! S/v I~ 0 ~r: ,,-; , / 6. ,,):,L/~ -- /i2-.'~---...... I /11 ". ':--. '\ c9/~::>(Aa sE,x _ I"'. 7'~~ ~f'D · J2r; 8. ~~)~ a,. /::J-{4 ot p ~~t;;~__OJ- /,1/ 9. ~ dJ,.5di1- ~ ~ CAMivtOWdt 10.L a~ ~ ~,;l.o ~~ (11, ~~,/~~ {1J~a~:-- I J.. J c [(L! .1'71/ )1' z.,J ,&.'z. ,.:1 \12. 72~ ~---- . \ c:2; d f. /L.e-/;:~L:e~) }]c / t'J) d-) I - 13. Iv..... u VV" (...~...,/V d--{J cJ ~/U~-e.~' iV/v, 14. 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