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10-23-1979 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, October 23, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Schroedel and Meginley. Other officials present were: Acting City Manager Smythe, City Attorney Baird, and City Clerk Carroll. Others present were: Mesdames Pitman, Kimball, Smoak, Ray; Mr. and Mrs. Andrew Filonchik, Mr. and Mrs. Allan Keene; and, the Messrs. Horton, Giachetti, Weaver, Jones, Roberts, Searles, Wertz, Thomas, Smith, Zetterlund, Sargent, Watson, Hovis, Powell, Jackson, and Honaker. A representative of the Sentinel/Star was also present. The invocation was offered by Mayor Smoak, followed by the repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on October 9, 1979 and the Work Session held on September 26, 1979 were approved as written. VARIANCE REQUEST: MR. FRANK SMITH Council, sitting as a Board of Adjustment, considered a request by Mr. Frank Smith for a Variance to Article 7, Section 26-32 (a) (b) (RESTRICTIONS ON ERECTION OF FENCES) of the Zoning Ordinance in order to erect a privacy fence 8' in height on his property located at 1336 Holly Street as opposed to the maximum allowable fence height of 6' in rear yards. Mr. Smith appeared before Council in support of his request, and advised of his plans to construct a swimming pool in his rear yard, and he felt that a fence of 8' in height would be necessary for privacy and also safety as the property is a corner lot which slopes considerably from the street. Inquiry was made from the Chair as to anyone else present who desired to address the matter, and there was none. Councilman Meginley opined that an on-site observation of the location by him revealed that the elevation was essentially the same as adjacent properties on both Holly and Linden Streets and thereby would not be an unique situation. He further suggested that the recently adopted Landscape Guide for the City, which is available to the public at City Hall, contained some excellent suggestions for live plant screening which could be of the desired height. Mayor Smoak opined that an exceptional and unique hard- ship on that particular location that would not be shared by other property owners in the area had not been established, which is necessary criteria to be followed in granting of variances. Motion was thereupon made by Councilman Meginley, seconded by Councilman Schroedel and unanimously carried that the request be denied. VARIANCE REQUEST: DR. THOMAS D. WEAVER Council, sitting as a Board of Adjustment, considered a request by Dr. Thomas D. Weaver for a Variance to Section 26-23 (R-3 RESIDENTIAL PROFESSIONAL DISTRICT) and Section 26-15 (LIMITATION ON NUMBER OF PRINCIPAL BUILDINGS ON LOTS IN RESIDENTIAL AREAS) of the Zoning Ordinance in order to place four single family dwellings as rental units on his property described as: Lots 8 and 9, Block 5, Sunnyside Unit Subdivision Dr. Weaver appeared before Council in support of his request, and advised that existing ordinances would allow him to construct a four-unit apartment complex under a single roof on the property, but in order to preserve the existing beauty of the site which includes numerous large trees, such construction would not be possible without the loss of many of the trees, and the cost for such construction would be too exorbitant to be practical at a reasonable rental fee. He further advised that the proposed construction would still be a four-unit apartment rental complex1 but would be a new concept in that they would be four single units strategically located in order to preserve the existing chalet type units in the area. A previous written communication to Council from the City Manager advised of multiple variances that would be required to allow the proposed construction. During discussion on the matter, it was the determination of Council that inasmuch as the requested proposal is a unique and unusual situation that is not directly addressed in existing ordinance, that the matter be tabled pending a written legal opinion from the City Attorney as to the legality of e . . e CITY OF CLERMONT MINUTES of Council action on the request as proposed, and the matter be placed on the next regular meeting agenda. RIGHT-O-WAY SOUTH OF SHADY NOOK LAKE Attorney Dennis L. Horton, representing Guage, Inc., appeared before Council to request their re-consideration of a recent decision regarding a strip of land bordering Shady Nook Lake and property owned by Guage, Inc. wherein they had denied a request for abandonment. It was the determination of Council that the area in question is not presently being maintained by the city; That no plans are proposed to improve the area for a park/beach facility; That the strip of land is not forseen to be needed as an improved street, and has never been used as a street for ingress or egress between Drew Street and Shady Nook Lane; and, That access to the Lake would still be available from both Drew and Pitt Streets across public property. Based on this, motion was made by Councilman Schroedel, seconded by Councilman Meginley and unanimously carried that the City Attorney be instructed to prepare the necessary Ordinance for abandonment of the property to be considered by Council at the next regular meeting. WEST ORANGE FARMWORKERS HEALTH ASSOCIATION Mayor Smoak announced that following previous action by Council to have the necessary Resolution prepared in support of the WOFWHA to establish a satellite clinic in Groveland to serve South Lake County, the consideration of the Resolution had been proposed for this meeting to which all local representatives of the medical community had been invited to attend and address the matter if they so desired, but that a late communication from Mr. Herbert Mansfield, Director of WOFWHA, requested that the matter be withdrawn in order that they might have more time to reach out and inform more members of the community on their programs. He further stated that if it was believed a resolution was appropriate at a later date, he would again contact the City Council. Mayor Smoak advised that all interested persons would again be notified at such time a re-contact is made. FINANCE DIRECTOR Mayor Smoak advised of the recommendation of City Manager Forbes that Mr. D. Wayne Saunders be appointed as the City's Finance Director beginning November 19, 1979 and that his beginning salary be set at $15,000 annually. Motion was made by Councilman Schroedel, seconded by Councilman Meginley and unanimously carried that the City Manager's recommendation be accepted. JOINT WORK MEETING Mayor Smoak reminded all present of the joint work meeting of the City Council and the Chamber of Commerce to be held in the Council Chambers on Monday, October 29th at 7:30 P.M., and urged that all interested persons attend. RETIREMENT FUND INVESTMENT ADVISOR Mayor Smoak advised of a request by Dr. Russ Fogler, the City's retirement fund investment advisor, for an increase in his consulting fee from $175 every two years plus mileage to $200 every two years plus mileage, to account for inflation. It was consensus of Council that Dr. Fogler has been an asset to the City, where- upon motion was made by Councilman Schroedel, seconded by Councilman Meginley and unanimously carried that the request be granted. LAKE COUNTY LEAGUE OF CITIES Mayor Smoak extended his Thanks to all members of the Council who were present at the Lake County League of Cities meeting on October 17th at which time a Resolution was adopted in support of his candidacy for 2nd Vice President of the Florida League of Cities. e . . e CITY OF CLERMONT MINUTES WATER QUALITY STUDY Mayor Smoak announced that Mr. Will Davis, an Engineer with the Lake Soil and Water Conservation District, had been employed by the joint committee to act as the project coordinator on the Upper Palatlakaha Water Management Study; That he was presently on board; and, That in the very near future a complete report on the status of the study would be submitted to the public on a monthly basis. PROPOSED NEW CITY DEVELOPMENT Mayor Smoak advised he was pleased to announce that the City had been submitted a Plot Plan for a subdivision containing 53 lots to be developed on what is commonly known as "Hooks Point", which he felt would unequivocally be the most outstanding development in Central Florida according to the high caliber deed restrictions as imposed by the developer. He further opined that such proposed first class development within the City of Clermont was indictive of how com- plimentary the developer must have felt toward this community, which he personally shared also and hoped that all other residents did too. REQUEST FOR A-95 REVIEW - LAKEVIEW VILLAS, LTD. With regards a request from the East Central Florida Regional Planning Council for an A-95 review by the City on a proposed development in the City to be known as Lakeview Villas, Ltd., a development of multi-family units primarily designed for senior citizens, Mr. Allan Keene, a representative of the property owner, appeared before Council to advise that they were previously unaware that such application had been submitted; That the application is incorrect since the project as proposed is not located within the corporate city limits; and, That the applicant does not have an option on the property as stated in the application. Motion was made by Mayor Smoak, seconded by Councilman Meginley and unanimously carried that no action be taken on the application for review, and the City Manager be instructed to advise the ECFRPC of the Council's concern in receiving a document containing such discrepancies, and suggest that any further applicants be closely scrutinized as to their accuracy. CEMETERY RULES Mayor Smoak advised of a communication from City Manager Forbes wherein he submitted recommendations for revisions to the City's existing rules and regulations for the city owned Oakhill Cemetery, which had been established in 1961 and not revised since that time. The proposed revisions were independently orally reviewed by the City Clerk, and the following action taken, effective this date: 1. Motion was made by Councilman Schroedel, seconded by Councilman Meginley and unanimously carried that the charge per burial space to non-residents be raised from the existing cost of $150 to $300, and, that 25% of the first $150 and all of the second $150 be placed in the City's Cemetery Perpetual Care Fund. 2. Motion was made by Councilman Meginley, seconded by Councilman Schroedel and unanimously carried that interment and memorial permit fees be raised from the existing fee of $1 each permit to $10 each. 3. Motion was made by Councilman Meginley, seconded by Councilman Schroedel and unanimously carried that vaults or liners be required for all burials except indigent burials. 4. Motion was made by Councilman Schroedel, seconded by Mayor Smoak and unanimously carried that, as a service to the community, the City, upon request, continue to purchase memorials for those that would want them. Mayor Smoak advised that copies of the revised rules and regulations would be forwarded to all area funeral parlors and monument sales companies, and copies would be available to the public at the City Hall. e . . e CITY OF CLERMONT MINUTES EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mayor Smoak reminded Council of the necessity to appoint two representatives from the City to serve on the ECFRPC, one such member to be a member of City Council, and the second member to be a memter at large from the City, or a second member of Council. He further advised of contact from }lr. Nick Jones who expressed an interest in serving as the member at large representative and he thereupon designated Mr. Jones as the appointee. Mayor Smoak requested that the necessary appointment of a Council Member be placed on the agenda for the next regular meeting. PLANNING AND ZONING COM}1ISSION A model ordinance to establish By-Laws for the Planning and Zoning Commission, as prepared by the City Manager and City Attorney, was submitted for Council's con- sideration. The model ordinance was read in its entirety by City Clerk Carroll followed by consideration of each section individually by Council upon discussion and participation of interested persons present who desired to address the matter. Upon unanimous agreement of Council, the following revisions were made to be included in a revised ordinance to be presented at the next Regular Meeting for consideration: 1. The P & Z Commission shall be comprised of nine (9) members; 2. At any meeting of the P & Z Commission, a quorum shall consist of five (5) members of the Commission; 3. The Chairman of the P & Z shall serve as an ex-officio member of all sub-committees; 4. That any member of the P & Z Commission who has three (3) consecutive unexcused absences from Regular Meetings, and upon recommendation from the P & Z Commission, may be removed from membership at the Council's pleasure; and, 5. Qualifications for membership on the P & Z Commission shall be: (a) Be eighteen (18) years of age or older; (b) Be a resident, employer, employee or property owner in the City of Clermont. Each nominee should petition the City Council no later than its first regular meeting in January in order to demonstrate sufficient interest in the City of Clermont to warrant his/her appointment; and, (c) That no more than two (2) non-city residents may serve on the Commission at anyone time. Mrs. Ruth Alice Ray, Mr. Henry Czech, and Mr. George Hovis, voiced objection to out-of-city residents serving on the P & Z Commission, and Mr. Nick Jones spoke in support of such appointments. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 10:20 P.M. CIAUD~J:::::.%b IOakAP>> L Z: ~/f"" DOLORES W. CARROLL - City Cler