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02-12-1980 Regular Meeting e . . e CITY OF CLERMONT MINUTES REGULAR MEETING A regular meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, February 12, 1980. The meeting was called to order at 7:30 p.m. by Mayor Claude Smoak, Jr., with the following members persent: Councilmen Cole, Meginley, Byrd and Thomas. Other Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders. The Invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Alleg- iance in unison by those present. The Minutes of the Regular Meeting held January 22, 1980 were approved as written. MARSHLAND AND EFFLUENT DISTRIBUTION Mayor Smoak discussed the 60 day Operating Variance that the City received for the Waste Treatment Plant at the February 11, 1980 Pollution Control Board Meeting. He discussed the research work pertaining to the Marsh Study, the needs of the City, and the cost to the taxpayers. VARIANCE REQUEST: SUMEREX ENGINEERING CORPORATION The City Council, acting as a Board of Adjustment, considered a request by the Sum- erex Engineering Corporation for a lot width Variance to construct two duplexes on Lots 18, 19, 23, the North 40' of Lots 10, 11, and the South 110' of W 20' of Lot 11, Block 4, Sunset Heights Subdivision. Mr. Dennis Horton, Attorney, was present to represent the Sumerex Corporation and appeared before the City Council in support of this request. Mr. Horton explained the request and stated that due to the unusual configuvation of the property, the Variance was required. Mr. Irwin Crews, Mrs. Rudd, and Mr. and Mrs. Test expressed their concern regarding the future use of these duplexes and their impact on the neighborhood. 80-18 Motion was made by Councilman Meginley that this Variance be granted on two condi~ tions. One is that the driveway entrances to this property only be constructed from Orange Ave., and the second is that the property not be divided in a manner that would violate the City's Zoning Ordinance. Motion was seconded by Councilman Byrd and unanimously carried. VARIANCE REQUEST: HILLSIDE TERRACE CONDOMINIUMS The City Council, acting as the Board of Adjustment, considered a request by the Hillside Condominiums for a Side Yard Variance to the Zoning Ordina:lce in order to construct five carports. City Manager Forbes advised that a variance of 3.6' was necessary, and that the carports would not interfere with traffic. 80-19 Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried that this Variance be granted. VARIANCE REQUEST: MR. AND MRS. LLOYD H. BOLIEK The City Council, acting as the Board of Adjustment considered a request by the Boliek's for a variance in order to construct a fence 6' in height in the front yard of their property at 444 West Montrose Street. Mr. Boliek stated that this variance was needed'since he had a dog that could jump a fence of only four feet in height. He stated, that due to the topography of his property, the fence would not obstruct any view and that the fence and dog were needed for security reasons. Mayor Smoak stated that the City Council has denied many similar requests, and Councilman McGinley discussed the City Code of Ordinances which makes this variance unacceptable. e . . e CITY OF CLERMONT MINUTES 80-20 Motion was made by Councilman Thomas, seconded by Councilman Meginley and unanimously carried that this request be denied. CITY CLERK City Manager Forbes recommended that Sandra Rozar be appointed to the position of City Clerk. She is highly recommended by previous employers and has the experience necessary for this position. 80-21 Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried that Sandra Rozar be appointed to the position of City Clerk. WASTE TREATMENT PLANT City Manager Forbes reported that the City Engineer has recommended that we submit an application to the State DER to dike a small portion of our existing polishing ponds. This dike is needed to increase the retention time of the treated effluent and improve our waste treatment. Mayor Smoak requested that Bill Dailey also be advised on this matter. 80-22 Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried that the City submit the required application for the dike to DER, and that the City Engineer be authorized to act as the City's official agent on this matter. JENKINS AUDITORIUM CHAIRS City Manager Forbes reported that he had received a letter from the South Lake Players requesting that the City consider purchasing chairs available from "Once Upon a Stage" Theatre in Orlando. He stated that he was concerned because these were stack type chairs which would be much more difficult to store than folding chairs. Councilman Meginley pointed out that there was presently only 250 chairs in the Auditorium and that more were needed. There was a discussion by the Council on the need for the chairs and the City budget. 80-23 Councilman Byrd moved that the City Manager thank the South Lake Players for their concern, and the City Council not consider the purchase of additional chairs until the preparation of next years budget. This motion was seconded by Councilman Cole and carried unanimously. RAILROAD PROPERTY 80-24 City Manager Forbes reported on the condition of the old Railroad Depot on West Ave. as he discussed in the February 1, 1980 Weekly Memo. He stated that a new building could probably be built cheaper than the cost of moving this depot, and that if the Council Members had no objections, he would inform the Seaboard Coastline Railroad that the City was not interested in this building. No Councilman voiced any objec- tions. AMENDING ZONING ORDINANCE AND TRANSITION ZONES City Manager Forbes advised that the Planning and Zoning Commission had prepared amendments to the Zoning Ordinance and Transition Zones. Letters would be sent out to abutting property owners informing them of the March 4th Public Hearing on this matter before the Planning and Zoning Commission, and April 8th Public Hearing before the City Council. - 2 - e . . e CITY OF CLERMONT MINUTES PURCHASE OF COOLEY PROPERTY FOR CITY WELL City Attorney Baird reported on the proposed purchase of Lots 5, 7, 9, 11, 13, and the W Yz of 3 from Mrs. Cooley for a City Well. The purchase price for these Lots would be $30,000 and the sale would include that portion of Magnolia Street that was previously vacated by the City. He pointed out that the City Engineer believed that this was the best property available for a well at this time. He also stated that the purchase of this property would be contingent on the City receiving FHA Financing and that the City would be responsible for moving the fence on this property. 80-25 Motion was made by Councilman Byrd, seconded by Cole and unanimously carried that the City purchase this property based on the two conditions. WASTEWATER PLANT Mayor Smoak reported that he would meet with officials of the Department of Environ- mental Regulation in Tallahassee on February 14th and 15th. Councilman Thomas re- ported that he had strong reservations on the Marshland Disposal Method. Mayor Smoak reported that we should provide a fair hearing on the merits of this method. There will be a meeting on this Marshland Disposal Concept that all interested persons can attend before the Lake County Polution Control Board on April 14th. EPA CONSTRUCTION GRANT AUDIT The City has received a letter from the Environmental Protection Agency (EPA) re- questing payment of $2,882 they believe that we owe them for the construction of the Treatment Plant. When the Waste Treatment Plant was constructed, the percula- tion ponds did not operate properly, and for this reason the City obtained $50,000 from the Engineer, Michael Stiggens, Inc. for future expenses that the City must incur as a result of this work. However~ the EPA Auditors have maintained that the monies recovered must be treated in the same manner as liquidated damages, and that the City owes them their share. This will also insure the City's eligibility for future Grant Projects. 80-26 Motion was moved by Councilman Byrd, seconded by Cole and unanimously carried that the City reluctantly reimburse EPA $2,882. 80-27 Councilman Meginley introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: AMENDING SECTION 25-10 OF ARTICLE I, CHAPTER 25, WATERWORKS AND SEWERS, OF THE CODE OF ORDINANCES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVID- ING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION. The Ordinance was read by Deputy City Clerk Meyer. This Ordinance is to enforce the City Lawn Sprinkling moratorium that was implemented last fall when the demand for water was exceeding supply. ~0-28 Councilman Byrd introduced AN ORDINANCE FOR THE CONTROL OF BACKFLOW AND CROSS CONNECTIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. Chapter 17-22 of the Florida Ordinances requires the City to establish a routine Cross-connection Control Program to prevent the backflow of any non potable water into the City's water distribution system. City Manager Forbes explained the purpose of this Ordinance, and the backflow preven- tion policy that is a preventive program to assist the City in identifying potential backflow prevention problems. The City will be sending two employees to a special school on backflow in order to effectively implement this program. Mayor Smoak requested that the City Manager insure that the City personnel had com- pleted their backflow training and that the City's own house (backflow problems) were in order, before this Ordinance be considered for final adoption. There was much discussion on the type of backflow problems. - 3 - e ~. . e CITY OF CLERMONT MINUTES ORDINANCE NO. l26-M - ANNEXATION OF RICHARD R. SWANN PROPERTY. This property is located just South of the Lakeview Hills ,Subdivision. There was a great deal of discussion on the purpose of the request. The possibility of Multiple Family Development on the property, and abutting properties already zoned Multiple Family were discussed. There was also much discussion regarding the owners statements that he would rezone much of the abutting property from Multiple Family to Single Family uses. 80-29 Moved by Councilman Meginley, seconded by Council,man }~yrd and unani- mously carried that the City Attorney research the records regarding the owners intentions on rezoning the abutting properfiesbefore t'his Ordinance is introduced. ANNEXATION Councilman Meginley stated that he believed the abutting properties south 0 f the above proposed Annexation be made aware of this request for a Voluntary Annexation. They might also be interested in being annexed into the City Limits. After much discussion on the possi- bility of Annexation, the Council directed City Manager Forbes to further research the City's options on this matter. IMPROVEMENT FEES AND FLOOD CONTROL Mayor Smoak requested that the City Manger investigate the possibility of the City charging sewer and water improvement fees on new construc- tion to insure that the City's growth pays its own way. He also re- quested the City Manager investigate the City's Flood Control reg- ulations to insure that the fluctuating lake levels do not threaten housing. MARSH STUDY Mayor Smoak requested that Councilman Thomas delineate for the record why he is opposed to the Marshland concept. Councilman Thomas of the project as not good enough. and that he would jections. stated that he believed that Dr. Zoltec's judgement having a 95% chance of working successfully were He stated that clean water is not replaceable, further inform the Council in writing of his ob- There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:30 p.m. &. ~~'-~~ ~- CLAUDE E. SMOAK, JR. - AYOR 1tl~ r) r<1J"-fZ~ GEORGE i:- F~S, CITY MANAGER -4-