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06-28-1983 Regular Meeting . CITY OF CLERMONT . MINUTES 'REGULAR CITY' COUNCIL MEETING June 28, 1983 A regular meeting of the City Council of the City of Clermont was held Tuesday, June 28, 1983 in the City Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council members in attendance: Mayor Pro Tern Pool, Council Member Cole, Council Member Dupee, and Council Member Turville. Other City officials present were City Manager George Forbes, City Attorney Baird, and Finance Director Saunders. The Invocation was offered by Mr. Pool, followed by the reciting of the Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held June 14, 1983 and the Workshop Meeting held June 22, 1983 were approved as presented. CITY MANAGER'S REPORT GARBAGE COLLECTION It was reported that, because of the July Fourth holiday, garbage collections would be as follows: Monday's collection will be made on Tuesday, Tuesday's collection will be on Wednesday, and Thursday and Friday collections will be made as usual. FINANCIAL DISCLOSURE FORMS The City Manager reported that Financial Disclosure forms for each Council Member are due in the office of the City Clerk no later than July 15, 1983. CITY LOGO ~1r. Forbes relayed a request from Carnival Ceramics to use the City logo on items to be sold during the Centennial clebration in 1984, and requested Council permission to contact Carnival Ceramics and suggest that they make their request through the Centennial Committee. The consensus of the Council was that all requests for Centennial materials be made through the Centennial Committee. FINANCE DIRECTOR'S REPORT 83-106 Mr. Saunders requested Counci12authorization to purchase an A. B. Dick Magna-writer for $7,536.00, purchased off the State contract, as previously discussed at a Workshop Meeting. The proposal is to utilize $5000.00 originally earmarked for microfilming equipment and $2,536.00 from contingencies. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPROVE THE PURCHASE OF AN A. B. DICK MAGNA-WRITER FOR $7,536.00 OFF THE STATE CONTRACT. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY Council Member Dupee reported that the members of the Library Board will be going to a public hearing with:the County Commissioners Thursday in Tavares to hear about funding for the County Library System for the next year. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL REPORT It was reported that the annual meeting of the ECFRPC had been held and that the big project this year is the updating of the regional land plan use policy which will be used as criteria for ieg~onal impact.. reviews-. ' ' e CITY OF CLERMONT . MINUTES June 28, 1983 Page two CENTER LAKE WEEDS Council Member Dupee requested that the weeds in Center Lake be treated chemically, or that young people on summer vacation be used to pull the weeds. A discussion followed, during which it was pointed out that the weeds in the lake are not harmful, but too plentiful. The City Manager stated that he would check on this matter and report to Council at the next meeting. MAYOR BEALS' REPORT PORTABLE SIGNS The Mayor reported that information from recent court cases involv- ing regulation of portable signs had been forwarded to ,him by Ed Augustine, who has a sign rental business in the area. He stated that if the Council wished to review or amend the current ordinance he would be glad to do so because he believes that the present ordinance is not strict enough. CLERMONT HOTEL The Mayor stated that his patience is wearing thin because of the delays in resolving the condemnation proceedings against the owner of the Clermont Hotel. VISITORS WITH BUSINESS REQUEST FOR VARIANCE - J. M. PITCHFORD - READY MARKET, 1019 WEST HIGHWAY 50 83-107 Mr. Jim McLaughlin and Mr. Larry Dunn appeared before Council on behalf of J & F Supermarkets to request a variance from front yard setback requirements to allow installation of a gas island in front of the store at 1019 West Highway 50. Mr. McLaughlin stated that the original request for a four-product island could be amended to one for an island handling only three products, allowing a short- er island. Mr. Dunn stated that the Ready Market is no longer com- petitive with other convenience stores offering gasoline to custom- ers. No one in the audience spoke for the request. Mr. Ben McLean, who owns adjoining businesses, Mr. Howard Schuster, Karen Skelton, and Ernest Collins spoke against the request, agreeing that there would be increased traffic problems in an already congested area if the request were granted. Letters in opposition to the request were read from Howard Schuster and Gurney & Hogan - all proprietors of nearby businesses. Mr. Collins also mentioned a sign that violates the setback requirements. Mr. Turville stated that the re- quest for a variance was based strictly on an economic disadvantage. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY.COUNCIL MEMBER POOL AND UNANIMOUSLY APPROVED THAT THE REQUEST FOR VARIANCE FROM FRONT YARD SETBACK REQUIREMENTS TO ALLOW INSTALLATION OF A GAS ISLAND AT 1019 WEST HIGHWAY 50 BE DENIED. ANNEXATION REQUEST - BOB WADE - PROPERTY EAST OF CITY 83-108 Mr. Bob Wade appeared to request voluntary annexation of property east of the City Limits. A discussion concerned the forming of an enclave if sections identified on. a ',map' presented with .the request as sections 3 and 14 were included, because of an area owned by , another party which would be surrounded by Mr. Wadel,s property, but not annexed to the City. Dennis:Hortoni attorney 'forMr. Wade, stated that Mr. Wade desired to have all of his property, including sections 3 and 14, annexed to the City. Mr. Baird stated that crea- tion of an enclave could present legal ,problems. A MOTION WAS MADE BY MRS. DUPEE, SECONDED BY MR. TURVILLE AND UNANIMOUSLY CARRIED THAT MR. WADE'S ANNEXATION REQUEST BE GRANTED, WITH SECTIONS 3 AND 14 BEING OMITTED. e CITY OF CLERMONT e MINUTES June 28, 1983 Page three OLD BUSINESS RESOLUTION NO. 427 - REQUEST FOR CONDITIONAL USE PERMIT - LAKE HIGHLANDS RETIREMENT AND NURSING HOME Mayor Beals reviewed the request, which had been tabled at an earlier meeting, for a Conditional Use Permit to allow expansion of the present Lake Highlands Retirement and Nursing Home. Mr. Herb Rogers, owner of the facility, stated that the conditions required by the City were acceptpble to him, except that he would prefer not to build a fence around his home. If it is acceptable he will deed twenty-five (25) feet of the lot on which his home is built to the corporation operating the Nursing Home, in order to meet rear yard setback requirements and to allow a fire lane through the property. Rev. Petrie, a retired clergyman who holds services at the Home, spoke in sympathy with Mr. Rogers, and stated that the elimination of parking~ spaces on East Avenue would create a hardship for elderly visitors to the Home, and that patients in wheelchairs would be deprived of the view of the lake if a wall were built. Mr. George Dupee expressed concern for the integrity of the R-I-A zone if the lot the Rogers house is on is included in the Nursing Home property unless it is rezoned. In response to questions from Council Members, Mr. Rogers stated that he plans never to 'build on the property zoned R-I-A, that the retention areas shown on the site plan should improve drainage, that the total occupancy of the facility when completed will be 211, and that he will remove the transformer and the dumpster from an R-I-A to an R-3 location. A discussion concerning the fact that Mr. Rogers' residential driveway is used for Nursing Home purposes fol- lowed. It was also discussed that without a wall there will be no buffer between the zoning classifications, and Council Member Dupee read the buffer ordinance. She also expressed concern that using the driveway for Nursing Home activities compromises the integrity of the R-I-A district. A letter from Mr. Buddy Baker, whose mother resides at the'Home, was read, requesting that parking on East Avenue not be eliminated. Mr. Paul Meredith questioned Mr. Dupee as to the practicality of asking Mr. Rogers to place a fence around his driveway, stating that Mr. Rogers has agreed to build the fence where it was earlier requested. He expressed concern that the twenty-five (25) feet to be deeded to the corporation might be used for parking, and also suggested that angle parking be allowed on East Avenue. 83-109 City Manager Forbes explained his concern that a twenty-five (25) foot rear yard from the R-3 property be provided or it may set a poor precedent for the City. After much discussion A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE TO ADOPT RESOLUTION NO. 427 GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO LAKE HIGHLANDS RETIREMENT AND NURSING HOME IN AN R-3 RESIDENTIAL/ PROFESSIONAL ZONE, SUBJECT TO THE CONDITIONS LISTED IN THE RESO- LUTION, AMENDED AS FOLLOWS: NUMBER 4 TO READ "THE PARKING SPACES OFF MINNEHAHA AVENUE MUST BE ELIMINATED. THOSE ON EAST AVENUE SHALL BE ANGLE PARKING TO BE APPROACHED FROM THE SOUTH. ENOUGH PARKING SPACES SHALL BE PROVIDED TO MEET CITY REQUIREMENTS OF ONE SPACE FOR EACH FOUR BEDS AND EACH FOUR EMPLOYEES, PLUS ONE SPACE FOR EACH STAFF DOCTOR." NUMBER 5 IS TO READ "AN IMPENETRABLE FENCE FOUR (4) FEET HIGH WILL BE BUILT AS SHOWN ON THE REVISED SITE PLAN." VOTING WAS AS FOLLOWS: COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER POOL, AYE; MAYOR BEALS, AYE; COUNCIL ~ffiMBER DUPEE, NAY. THE RESOLUTION WAS READ BY TITLE ONLY. ORDINANCE NO. 153-M - REZONING LOTS 12, 13, 14, AND 15 BLOCK 8, ELLA VISTA HEIGHTS - FINAL READING Mr. Tom Willis, of Lake County Bank, appeared to answer questions e CITY OF CLERMONT e MINUTES June 28, 1983 Page four 83-110 regarding the request to rezone this property from R-2 to R-3. No one at the Public Hearing wished to speak for or against the request. A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE NO. 153-M. VOTING WAS AS FOLLOWS: COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER TURVILLE, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE NO. 154-M - REZONING OF PROPERTY EAST OF EMERALD LAKES MOBILE HOME PARK 83-111 Mr. Fred Morrison explained that this request was to rezone the property from R-I-A Single Family Residential to R-3 Residential/ Professional in order to expand the Emerald Lakes Mobile Home Park. He also stated that the recommendation by the Planning and Zoning Commission to drop Lot 32 from the site plan had been followed, and that a ten (10) foot buffer strip had been added along the south property line. No one in the audience spoke for or against the request. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 154-M REZONING PROPERTY EAST OF EMERALD LAKES MOBILE HOME PARK FROM R-I-A TO R-3. VOTING WAS AS FOLLOWS: COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE. COUNCIL MEMBER POOL,; AYE; COUNCIL MEMBER TURVILLE, AYE. AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. RESOLUTION NO. 432 - REQUEST FOR CONDITIONAL USE PERMIT - EXPANSION OF EMERALD LAKES MOBILE HOME PARK 83-112 It was explained that this Conditional Use Permit request, if granted, would allow the Emerald Lakes Mobile Home Park to expand by thirty- one (31) units. Mr. Morrison, representing the mODile home park, had no comments to make, arid no one in the audience spoke for or against the request. The City Manager requested that condition No. 13 be reworded as follows: Proper drainage must be provided for the site, and approved by the City Engineer. A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUS- LY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 432 AMENDED AS STATED ABOVE,GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF EME:EAL~LAKES MOBILE HOME PARK. VOTING WAS AS FOLLOWS: COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER TURVILLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. SENIOR CITIZENS' CENTER ANNEX The City Manager reported on~a meeting that he and Mayor Beals had attended 'with the Lake County Council on Aging. He explained that the proposed use of the building at Kehlor Park for a Senior Citizens' Center would be operated by the Center in Leesburg, but must be self-sustaining by local membership and donat~ons. He sug- gested that they be allowed to use the building in cooperation with the Recreation Club. After a trial period of one year, the situa- tion will be re-evaluated. It was the consensus of Council to allow a one-year trial period for the cooperative use of the building at Kehlor Park by the Recreation Club and the Senior Citizens' Center, without a formal contract and '''at no charge. NEW BUSINESS RESOLUTION NO. 434 - AUTHORIZATION OF SIGNATURE FOR GRANT APPLICA- TION. Mayor Beals explained that this Resolution is necessary in order to authorize his signature to complete an ,application for wastewater treatment plant construction grants to be requested by the City from the Federal Environmental Protection Agency. A MOTION WAS MADE BY e CITY OF CLERMONT e MINUTES June 28, 1983 Page five 83-113 COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE ,TO ADOPT RESOLUTION NO. 434 AUTHORIZ- ING THE MAYOR TO EXECUTE ALL DOCUMENTS REQUIRED TO PARTICIPATE IN THE CONSTRUCTION GRANTS FOR WASTEWATER TREATMENT WORKS PROGRAM. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER TURVILLE, AYE. AND MAYOR BEALS, ABSTAIN. " PROPOSED ANNEXATION POLICY FOR THE CITY OF CLERMONT The following proposed annexation policy for the City of Clermont was read by Mayor Beals: 1. ANNEX ALL LAND AVAILABLE TO THE OWNER. This item is included in the annexation policy to insure that small parcels are not annexed one at a time and that the en~ tire parcel available to a property owner is annexed in order to allow for the proper planning of City facilities. 2. IF DEVELOPED LAND IS ANNEXED, INSURE THAT ALL PUBLIC FACILITIES MEET CITY STANDARDS. Form a Special Asses- sment District or other funding mechanism to insure that streets, roads, water, and sewer systems are re- constructed to meet City standards if the property is annexed. Perform a cost benefit analysis on the reven- ues vs. expenditures created by an annexation request. 3. ENCOURAGE THE ANNEXATI>ON OF LAND INTO THE CITY THAT IS CONTIGUOUS WITH OUR CORPORATE LIMITS. 4. Large undeveloped parcels of land that are annexed will not be developed until SUBDIVIDED according to the City's Subdivision Ordinance, and have an OVERALL DEVELOPMENT PLAN. 5. ANALYZE THE IMPACT ON CITY FACILITIES, (i.e. sewer, water, streets, etc.) that will be created by an annex- ation request. If a large, impact is being created on any City facility or utility, an agreement with the owner must be ,reached on how the service will be pro- vided before the property is annexed and/or developed. An example of such an agreement would be a developer providing a new water well, lift station, package sewer plant, or limiting sewer hookups. 6. NO ANNEXATION ORDINANCE SHALL BE PREPARED BY THE CITY STAFF UNTIL REQUESTED BY THE CITY COUNCIL AT A REGULAR MEETING. Requests for annexation shall first be con- sidered by the City Council upon receipt of a written request from an interested property owner. No rezoning proposals will be considered by the Plan- ning and Zoning Commission or City Council until the parcel is annexed. It was suggested by City Manager Forbes that a sentence about form- ing an enclave might be added. ::IT WAS,IMOVED BY' COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO ADOPT THE ANNEXATION POLICY. It was pointed out by the City Manager that it may be best to re~~ type the policy as a Resolution, so the motion and second were withdrawn. It was the consensus of Council to draw a Resolution stating the annexation policy of the City and present it to the Council at the next meeting. STREET SWEEPER Mr. Jack Sargent asked if there was money budgeted for a new street e CITY OF CLERMONT e MINUTES June 28, 1983 Page six sweeper. Mayor Beals stated that results of the questionnaire distributed to citizens indicate a concern for clean streets, and City Manager Forbes stated that a decision on such allocation of funds had not been made. Mr. Sargent strongly urged that the purchase of a street sweeper be considered. LAKE COUNTY PLANNING AND ZONING MEETING Mr. Adelbert Evans stated that he would be representing the City, at the City Council's request, at the Lake County Planning and Zoning meeting, and asked if the Council had any direction to offer. It was stated that the main concern was water quality, and the con- sensus of Council was that Mr. Evans be empowered to make tentative judgement on behalf of the City. The meeting was adjourned at 9:42 p.m. ~ 13. J3 ()..-R.. Charles B. Beals, ~ayor ATTEST: ~t::=' 4.. ~J7/ L) (-~ George . Forbes, City Manager