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06-14-1983 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING June 14, 1983 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, June 14, 1983 in the City Council Chambers. The Meeting was called to order by Mayor Beals at 7:30 p.m. 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 Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. The Invocation was offered by City Manager Forbes, followed by the repeating of the Pledge of Allegiance by all present. MINUTES The Minutes of the Regular Meeting held May 24, 1983; the Workshop Meeting held June 8, 1983; and the Special Meeting held June 13, 1983 were approved as presented. CITY MANAGER'S REPORT COUNTY PLANNING AND ZONING MEETING It was reported that a Public Hearing for a Conditional Use Permit to operate a 1,500 acre sand mine located in South Lake County was on the County's Planning and Zoning Commission Agenda for June 29, 1983. Mr. Forbes stated that he was concerned about such an operation's effects on water quality, and asked per- mission to send Mr. Buck Evans to represent the City at the Hearing. It was the consensus of the Council to allow Mr. Evans to represent the City. JAYCEE BEACH CONCESSION BUILDING - MR. KYLE WOODARD 83-095 City Manager Forbes reported that Mr. Woodard, Lessee of the Jaycee Beach Concession Building had submitted a letter to the Council requesting permission to place six video games which would be closely supervised in the concession building and to rent inner tubes from the concession building. Council Member Turville asked if he had been in the building long enough to know what his profits would be, and how long Mr. Woodard's lease ran. Mr. Forbes stated that the lease was for approximately three months, Memorial Day through Labor Day; and that Mr. Woodard's rent was considerably more than previously paid. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOW MR. WOODARD TO PLACE SIX VIDEO GAMES IN THE CONCESSION BUILDING ON A THREE MONTHS TRIAL BASIS, AFTER WHICH THEIR USE WOULD BE REEVALUATED. After further discussion, it was the consensus of the Council to continue their policy of not allowing the rental of inner tubes at Jaycee Beach. EKIERT TIRE'S EXPANSION 83-096 It was reported that Ekiert Tire Company had applied for a permit to expand their building at 591 East Highway 50. On March 13, 1979 the City Council adopted Reso- lution No. 326 which granted the business a Conditional Use Permit to allow whole- saling tires with retail sales and auto repairs. In 1979 wholesaling tires was a conditional use in a C-2 Commercial Zone, however, in the present ordinance it is a permitted use as long as it is in conjunction with retail sales. The 1979 Resolution requires another CUP if the business is expanded. Because the zoning ordinance has changed since 1979, permission was asked to issue the Building Permit without another CUP. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ALLOW EKIERT TIRE TO PROCEED WITH THEIR EXPANSION PROJECT BASED UPON RESOLUTION NO. 326. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY Council Member Dupee reported that the letter of intent to apply for a grant to expand Cooper Memorial Library had been sent to the State on May 13, 1983. The grant is for 50-50 matching funds from the Federal Jobs Program and it appeared favorable for the Library to receive the grant because the unemployment rate in Lake County had been 12.8% and the Library's portion of the matching funds were already available. It was further reported that Cooper Memorial Library had voted to continue in the countywide library system for another year and that other county libraries had expressed an interest in joining the system. e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING June 14, 1983 COUNCIL MEMBER POOL'S REPORT CHESTNUT STREET PARK FENCE REQUEST 83-097 Council Member Pool reported that he had been down to the Chestnut Street Park to review the situation, and asked if there were many complaints regarding children climbing the fence to retrieve balls and frisbees. It was explained that the property owner whose rear yard abuts the park had complained numerous times since purchasing the property two years ago, and had asked the City to construct a higher fence to keep the children out of his yard. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY. COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER UNTIL THE JUNE 22, 1983 WORKSHOP MEETING FOR FURTHER EVALUATION AND DISCUSSION. COUNCIL MEMBER TURVILLE'S REPORT 1983 STREET OVERLAY PROGRAM Council Member Turville stated that he had noticed grass growing through the asphalt put on City streets during the overlay program. City Manager Forbes stated that the contractor had not completed the work yet, and if Mr. Turville would give him a list of the areas of concern, he would look into this matter and get back with him. MAYOR BEALS' REPORT SUPPORT OF RESOLUTION NO. 429 Mayor Beals read a letter from Senator Langley which supported the City's Resolution No. 429 against "winners take all" in elections pertaining to annexations. Mayor Beals stated that he had spoken with Representative Kelley who also concurs with our position. VISITORS WITH BUSINESS REQUEST FOR VARIANCE - MR. ART THAYER, 203 PALM LANE - EAST 100' OF LOT 18, CLERMONT HEIGHTS 83-098 Mr. Art Thayer appeared before the Council to request a variance from the rear yard setback requirements of 25' to allow the expansion of an existing porch at his home located at 203 Palm Lane. The proposed expansion would leave a rear yard of only 20'. Mr. Thayer presented a letter signed by his neighbors favoring the proposed expansion as enhancing the property, and in turn the neighborhood. No one .in the audience spoke for or against the request. After discussio!'1LA.MOTION-WAS'MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE REAR YARD. SETBACK VARIANCE TO ALLOW THE EXPANSION OF AN EXISTING NON- CONFORMING PORCH DUE TO THE TOPOGRAPHIC CONDITIONS OF THE LOT, SAID PORCH VIOLATES THE REAR YARD SETBACK REQUIREMENTS BY FIVE FEET. REQUEST FOR VARIANCE - MR. JERRY JONES, 611 WEST HIGHWAY 50 Mr. Jerry Jones, owner of the gas station located at 611 West Highway 50, appeared before the Council to request a sign variance for his property. Mr. Jones stated that he had just purchased the property and was changing it from a Shell to an Amoco station. The Amoco Company had come to erect a new sign head on the existing sign post, and he was told to stop work by the Building Official because the proper permits had not been obtained, however, the sign was erected anyway. Mr. Jones stated that he did not know a permit was needed to erect the sign;. and he did not stop the work because he could not erect the sign himself and did not know when the Amoco Company could come back and erect the sign. The post on which the sign head was being placed had existed for many years as a nonconforming sign and there was no other place to put a sign on the property. The sign is located on the prop- erty line and does not meet the required 4~' setback. The present Sign Code states that a nonconforming sign may not be modified to advertise a different business or service other than that which was advertised at the time the sign became noncon- forming. Mayor Beals asked for comments from those present in the audience, and no one spoke for or against the request. e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING June 14, 1983 Council Member Turville stated that he felt the head on the sign had changed, but there was no change in the "business", and therefore, the nonconforming sign could be changed from Shell to Amoco. 83-099 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO GRANT THE SIGN VARIANCE FROM THE REQUIRED 4~' SETBACK REQUIREMENT FROM THE PROPERTY LINE TO ALLOW THE SIGN TO REMAIN ON THE PROPERTY LINE AT 611 WEST HIGHWAY 50. CLOTS 1 & 2, BLOCK 72, CITY BLOCKS) RESOLUTION NO. 430 - REQUEST FOR CONDITIONAL USE PERMIT, W.G. MANAGEMENT, GRAND HIGHWAY, TO CONSTRUCT TOWNHOUSE UNITS Mr. Robert Duggan, Attorney, representing W.G. Management appeared before the Council to request a Conditional Use Permit to construct 36 townhouse units on 3.3 acres of property located just north of the present Grandview Apartments. The property is zoned C-2 and multi-family units are a conditional use in the General Commercial Zone and must meet all requirements for R-3 Multi-Family Residential Zone. Mr. Duggan introduced Mr. Robert Farner, Engineer for the project, who explained that based upon the State Soil Map for the area, it was determined the property would accommodate 36 townhouse units plus the community building and pool with proper retention areas. It was reported that the Planning and Zoning Commission had recommended that the density of development not exceed 30 units due to the extreme slope of the land. City Manager Forbes explained the City's Comprehensive Plan in relation to this project and stated that what must be considered is the extreme slope of the property, the drainage and retention areas, traffic on Grand Highway, and sewage. Mayor Beals asked for comments from those present in the audience, and no one spoke for or against the project. Mr. Duggan stated that the developers wanted to build 36 units, and that the 30 units recommended by the Planning and Zoning Commission would be 7~ townhouses. It would be better to have either 28 units or 32 units in the development, if the requested 36 units were not allowed in view of the Planning and Zoning Com- mission's recommendation. Much discussion ensued regarding the topography of the property and the impact the development would have with regards to drainage, traffic, and the City's sewer system. A MOTION WAS MADE BY COUNCIL MEMBER TUR- VILLE TO GRANT THE CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF THIRTY UNITS AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. THE MOTION DIED FOR LACK OF A SECOND. 83-100 After further discussion regarding the allowable number of units for the area, 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. 430 AND GRANT THE CONDITIONAL USE PERMIT AS AMENDED FOR THE CONSTRUCTION OF 32 TOWNHOUSE UNITS ON 3.341 ACRES OF PROPERTY LOCATED IMMEDIATELY TO THE EAST OF HIGHWAY 27, WEST OF GRAND HIGHWAY AND NORTH OF GRANDVIEW APARTMENTS SUBJECT TO THE TEN CONDITIONS LISTED IN THE CONDITIONAL USE PERMIT. VOTING WAS AS FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER COLE, AYE; MAYOR BEALS, AYE; AND COUNCIL MEMBER TURVILLE, NAY. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 431 - REQUEST FOR CONDITIONAL USE PERMIT, LAWSON PLUMBING, 1060 WEST HIGHWAY 50 83-101 It was reported that Mr. Wxl12am Lawson had requested a Conditional Use Permit to build an 11,250 square foot building on Lots 1-6, Block 125-A, Lots 14,16, West ~ of 17 and all of Lots 18-22, Block Ill, Sunset Park. A Conditional Use Permit is required by the zoning ordinance because the building will be used for assembly of fire equipment and is over 7,000 square feet in size. Mayor Beals asked for com- ments from those present in the audience, and no one spoke for or against the proposed Conditional Use Permit. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 431 GRANTING A CONDITIONAL USE PERMIT TO ALLOW LAWSON PLUMBING TO BUILD AN 11,250 SQUARE FOOT BUILDING AT 1060 WEST HIGHWAY e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING June 14, 1983 50. VOTING WAS AS FOLLOWS: COUNCIL MEMBER. COLE, AYE; COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. OLD BUSINESS REQUEST FOR VARIANCE - MR. ROY CALDWELL, NW CORNER OF MINNEOLA AND FOURTH STREET 83-102 Mr. Roy Caldwell appeared before the Council to request a lot size variance to build a house at the NW corner of Minneola and Fourth Street. The lot in question is 6,375 square feet in size, whereas 7,500 square feet are required by the zoning ordinance. Mr. Caldwell explained that all other setback requirements would be met, and that he had contacted adjoining property owners (the Schusters and Turners) and they were not opposed to building a house on this property. Mayor Beals asked for comments from those present in the audience, and no one spoke for or against the proposed variance. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE TO.GRANT THE VARIANCE TO ALLOW A RESIDENCE TO BE BUILT ON THE 6,375 SQUARE FOOT LOT LOCATED AT THE NW CORNER OF FOURTH AND MINNEOLA AVENUE. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER TURVILLE, AYE; AND MAYOR BEALS, NAY. RESOLUTION NO. 427 - REQUEST FOR CONDITIONAL USE PERMIT, LAKE HIGHLANDS NURSING HOME As requested during the May 10, 1983 Regular Council Meeting, Mr. Herb Rogers again appeared before Council to request a Conditional Use Permit to construct an addition consisting of 60 beds and 29 efficiency units three stories in height. Mr. Rogers explained his new site plan to the Council and audience, showing the changes from the one submitted previously. Mayor Beals then asked for Cbmmerits; fr~bm'. those present in. the audience, and no one spoke directly for or against the request. Council Member Pool stated that he had received a telephone call from Mrs. Roy Lassiter who favored the request. Mr. George Dupee, property owner on East Avenue presented the Council a letter signed by several residents who live near the nursing home who wanted their property which is zoned R-l-A protected to stay that way. They stated that they did not want encroachment of the Nursing Home into the R-I-A Zone. They did not oppose the expansion request if they could be certain this would not happen. Mr. Paul Meredith expressed similar sentiments, and stated that he wanted a 4' high fence built around the entire per- imeter of the R-3 property to separate it from R-l-A. Mrs. Catherine Rathwick expressed concern about the drainage from the Nursing Home property since her prop- erty is located below the Nursing Home property on Lakeshore Drive. Sandy Thompson and Mr. Work expressed the same concern. Mr. Rogers stated that there would be more retention areas than before. Much discussion followed regarding the preservation of the integrity of the R-I-A property. 83-103 Council Member Turville asked how much parking there would be if all right-of-way parking were eliminated and how much would be needed with the .expansion. He also asked how much the population of the Nursing Home would increase with the expansion, and how much increased parking would be needed. It was also stated that Mr. Rogers' R-I-A property is already servicing the R-3 property with regardR to the fire lane, garbage dumpster, and electrical box being located there. In conclusion, Mr. Tur~ ville stated that he felt the site was being overbuilt, and that a site plan was needed to give the required buffer between property types. He was not opposed to the project because there was a definite need for the service provided, but it is too crowded as proposed. After a great deal of discussion on the placement of the four foot fence, de facto rezoning, and parking problems; it was the consensus of the Council to change condition number five of the Resolution to include an im- penetrable fence 4' high to separate R-l,A property from R-3 and to add a nineteenth condition which moves the electrical service box and garbage dumpster to the R-3 property. Council Member Dupee stated that she wanted to see a revised site plan incorporating all of the conditions before voting on the request. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE THE REQUEST FOR THE CONDITIONAL USE PERMIT UNTIL THE REGULAR CITY COUNCIL MEETING OF.JUNE 28, 1983. MR. ROGERS WAS INSTRUCTED TO PROVIDE A REVISED SITE PLAN WHICH INCORPORATES CONDITIONS OF RESOLUTION NO. 427 AS REVISED. e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING June 14, 1983 CLERMONT HOTEL Mr. Fred Morrison, Attorney representing the City of Clermont in the matter of the Clermont Hotel, appeared before Council to discuss his proposal of whereby the former owners of the Clermont Hotel would take back the title of the Hotel from Mr. Nick Buttitta and then sit down with the City and resolve the problems with the building. Mr. Morrison explained that Mr. Buttitta had filed a motion for a rehearing which places any action for condemnation proceedings in the hands of the bankruptcy court. If the City wishes to proceed with tearing down the building, it will have to ask permission from the bankruptcy court. The alternative to this would be to sit down with the former mortgage holders to negotiate an appropriate settlement as stated above. Mayor Beals stated that he was opposed to sitting down with anyone at this time and wished to have the building torn down as soon as possible. Council Member Turville stated that it appeared that the City.had two options to follow and asked Mr. Morrison which one would be the most cost efficient. Mr. Morrison stated that it was best to avoid protractive litigation. Much discussion followed regarding which option to follow. Council Member Pool inquired as to what steps the Council should follow if the Courts were to decide the issue. Mayor Beals stated that he felt it was improper for Mr. Pool to question Mr. Morrison as the City's Attorney when in fact Mr. Pool was one of the former mortgage holders of the Hotel. Mr. Pool stated that he had never voted on any previous matter concerning the Hotel, would not vote tonight, and would, as in the past, file a Conflict of Interest Form. Mr. Cecil Eaton, the Hotel's closet neighbor, spoke to the Council regarding all of the problems he has encountered with the Hotel Building in the past, and stated that he was afraid that some transient would start a fire in the Hotel and burn his home down too. 83-104 After much discussion regarding the two options available to the City, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO PURSUE BOTH OPTIONS SIMULTANEOUSLY, THAT IS, THROUGH THE BANKRUPTCY COURT AND THROUGH NEGOTIATIONS WITH THE FORMER OWNERS, AND TAKE THE MOST EXPEDITIOUS ONE. INTRODUCTION OF ORDINANCE 154-M - REZONING OF PROPERTY ADJACENT TO EMERALD LAKES It was explained that Aspen-Emerald Lakes, Ltd. was requesting to .have the property south of Broome Street and west of Twelfth Street, adjacent to the present Emerald Lakes Mobile Home Park rezoned from R-I-A Low Density Residential to R-3 Residential/ Professional to allow the expansion of the existing park by thirty-one units. After some discussion, ORDINANCE 154-M WAS INTRODUCED FOR FIRST READING BY COUNCIL MEMBER COLE BY TITLE ONLY. INTRODUCTION OF ORDINANCE lS3-M .,. REZONING~r,.OT~_12,13,14,15 BLOCK 8 ELLA VISTA HEIGHTS It was explained that the Luthern Church was requesting that their property south of Highway 50, west of East Avenue, and north of Chestnut Street be rezoned from R-2 Residential to C-l Light Commercial to allow Lake County Bank to use part of the property. The request was unanimously denied by the Planning and Zoning Com- mission and they recommended that the Council consider rezoning the property R-3 to protect the adjoining residential property owners. After some discussion it was the consensus of the Council to amend Ordinance 153-M from C-l to R-3 as recom- mended by the Planning and Zoning Commission. After some discussion, ORDINM~CE l53-M WAS INTRODUCED AS AMENDED BY COUNCIL MEMBER TURVILLE. THE ORDINANCE WAS AMENDED TO READ R-3 RESIDENTIAL/PROFESSIONAL INSTEAD OF C-l LIGHT COMMERCIAL. THE ORDINANCE WAS READ BY TITLE ONLY. BID AWARD - ROOFING REPAIRS FOR UTILITY DEPARTMENT BUILDING A memo from Utility Director Preston Davis recommending acceptance of Queens Roofing's bid of $2,700 for repair to the Utility Department Building's roof was discussed. e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING June l4, 1983 83-l05 Although one bid was lower, the bidder did not meet City Specifications of a 5% bid bond. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ACCEPT THE BID OF $2,700 FROM QUEENS ROOFING FOR REPAIRS TO THE UTILITY DEPARTMENT BUILDING'S ROOF. The Meeting adjourned at lO:30 p.m. Q4 13. I3d. Charles B. Beals, Mayor ATTEST: ?It&-&. . Wayn Saunders, City Clerk