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08-14-1979 Regular Meeting e 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, August 14, 1979. The meeting was called to order by Mayor Pro-Tern Byrd at 7:30 P.M. with the following members present: Councilmen Honey, Schroedel, and Cole. Other officials present were: City Manager Forbes, City Attorney Baird, City Clerk Carroll, Building Official Nagel, and Chief of Police Tyndal. Others present were: Miss Tracey Smoak; Mr. & Mrs. Ben Blackburn, Mr. & Mrs. W. B. Perry, Mr. and Mrs. Jerry Meilan, Mr. and Mrs. A. W. Schultz, Mr. and Mrs. Ralph Roane; Mesdames Hunt, Hanks, Smoak, Mitchell, Rathwick, Shaw, Brice, Allison, and the Messrs. Meginley, Czech, Carroll,Fleming, Jones, Wilcox, Searles, Johnstone, Reynolds, Jackson, Cantwell, Law, Boney, McMahon, Terry, Seitz, Matthews, Harris, Shepard, Post, Evans, Bolio, Thomas, Washuta, Tracey, Neilson, and Kelley. A representative of the Sentinel/Star was also present. The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on July 24, 1979 were approved as written. VARIANCE REQUEST City Council, sitting as a Board of Adjustment, considered a request by Mr. William A. Kelley for a Variance to Section 26-21 (E) (3) (R-l URBAN RESIDENTIAL DISTRICT-REAR YARD SETBACKS) of the Zoning Ordinance in order to extend and enclose a patio on his property located at 261 Edgewood Drive. Mr. Kelley appeared before Council in support of his request, and advised that he desired to extend and enclose an existing patio of sufficient size to accomodate standard porch furniture, and in order to do so, it would be necessary to penetrate the rear yard setback by 3'8". Inquiry was made from the Chair as to anyone present who desired to address the matter, and there being none, motion was made by Councilman Schroedel. seconded by Councilman Cole and unanimously carried that the request be granted. Continuing to sit as a Board of Adjustment, Council considered a request by Mrs. Esther S. Fox for a Variance to Section 26-20 (C) (2) (R1A URBAN RESIDENTIAL DISTRICT-LOT WIDTH) of the Zoning Ordinance in order to sell a vacant portion of her property as a buildable lot. In the absence of Mrs. Fox due to illness, City Manager Forbes advised that Mrs. Fox is the owner of Lots 6 and 7 in Clermont Heights Subdivision, with her residence being located on Lot 7 and Lot 6 being vacant; That she desires to sell the lots separately, but inasmuch as the vacant lot width is only 96 feet, it would be necessary that a 4' variance be granted in order for it to be buildable; and, That all other setback requirements could be met. Mr. Forbes further advised that a variance for this same request had been granted to Mrs. Fox in January, 1974, but she had decided to not sell the property at that time, and the variance had expired after one year. Following inquiry from the Chair as to anyone present who desired to address the matter, and there being none, motion was made by Councilman Schroedel, seconded by Council- man Honey and unanimously carried that the request be granted. Still continuing to sit as a Board of Adjustment, Council con- sidered a request by Mr. Ralph A. Roane for a Variance to Chapter 20-Subdivision, and Section 26-21 (C) (2) (Rl URBAN RESIDENTIAL DISTRICT-LOT WIDTH REQUIREMENTS) of the Zoning Ordinance in order to allow him to plat three lots with a building width of 73.3' instead of the required 75' in Oakhurst Subdivision. Mr. Roane was present in support of his request, and advised that each of e e . e CITY OF CLERMONT MINUTES the three lots would have over 20,000 square feet and be at a depth of 288 feet, which is substantially above that of Rl zoning requirements, and, that all other provisions of the Ordinance could be met. Following inquiry from the Chair if there be any- one present who desired to address the matter and there being none, motion was made by Councilman Honey, seconded by Councilman Schroedel and unanimously carried that the request be granted. Mayor Smoak arrived at the meeting at this time and assumed the Chair. CONDITIONAL USE PERMIT City Council considered a request by Mr. Charles E. Arnett for a Conditional Use Permit to utilize Building No. 3 in the Winn Dixie Shopping Plaza at 731 East Highway 50 in order to conduct church services. The Reverend Darryl Jackson, representative of the petitioner, appeared before Council to advise that they wished to utilize the building to establish a district headquarters for the Workers of the World Pentecostal Church which would conduct church services, air radio programs, offer use of the building for a social service center, and offer senior and youth group services such as bridge games, bingo, and other like activities. Mr. Richard R. Reynolds, owner of the Shopping Plaza, appeared in support of the request, advising nhat he felt use of the building for church services and other church related activities would be an asset to the building and the community as opposed to use of the building for a roller rink, a disco dance hall, game room, etc. which would be allowed in that location, and for which he had previously refused numerous requests inasmuch as he did not feel such uses would be compatible with the existing businesses in the area; and, That in contacting all the existing tenants in the Plaza regarding the matter, only a single tenant, the Sun Bank, had voiced opposition at the P&Z Commission hearing. City Manager Forbes advised of the Planning & Zoning Commission's recommendation following their Public Hearing held on the matter on August 7th at which time they felt the proposed location lends itself more toward a business/retail district as presently exists, and thereupon recommended that the request be denied. City Clerk Carroll read a communication from Mrs. Mary F. Rook, an abutting property owner, in opposition to the request. Mr. Ray McMahon submitted a photograph and written description of a like facility as operated by the Workers of the World Pentecostal Church in the Orlando area for Council's use in their consideration of the matter. Mr. Jim Meginley, a member of the P&Z Commission, expressed concern that the proposed use is not to meet an existing need in the community inasmuch as they have no existing organized congregation in the City. Mr. Meginley further expressed concern as to the proposed function of the organi- zation based on their request to utilize the building for church services inasmuch as an on-site observation of their location on West Colonial Drive in Orlando has revealed the advertisement for Bingo in large bold letters as opposed to a small designation of "Old Country Church", and his advisement of parking and traffic problems created at another of their locations in the Eastland Shopping Center in Orlando which he was fearful of happening in the City due to the increased seating capacity of the building since its initial construction to house a Pharmacy. Councilman Byrd opined that a church in the proposed business area location is not required; That it would not be desirable in that location; That, in fact, it might possibly be detrimental to the business community in which it is sought to be located; and, That he would thereupon move that the request be denied. The motion was seconded by Mayor Smoak and unanimously carried. e . . e CITY OF CLERMONT MINUTES LAND FILLING Mr. William J. Bolio of Lot 167 in Emerald Lakes Mobile Home Park appeared before Council to solicit their approval of land filling which he has completed along the shoreline of Lake Palatlakaha to the rear of his residence; That the filling had been done without benefit of proper permits as required by the State Department of Environmental Regulation; and, That he had been notified that app- roval must be obtained from the City Council for filling waterward of the existing mean/ordinary high water line prior to any further consideration of his after-the-fact application to DER. Mr. Bolio further advised he had made the fill in order to level and raise the sod level as the rear of his lot was waterlogged by the Palat- lakaha Marsh. A copy of his Permit Application Appraisal was submitted for Council's consideration, and it shall become a part of these Minutes. Following consideration of the biological comments as forwarded by DER, and in agreement with their recommendation to a stipulation that no additional fill can be added to that which has already been deposited and no material be deposited in the future waterward of the line of ordinary high water to replace erosion, it was the consensus of Council that the filling would have no detrimental effect, whereupon motion was made by Councilman Schroedel, seconded by Councilman Honey and unanimously carried that the necessary approval be granted. COMPREHENSIVE PLAN City Manager Forbes advised of communication from the State wherein they indicated that the proposed second part of the City's Comprehen- sive Plan meets the State Law and they have no objections to the Elements of the Plan; That it would not be necessary that public hearings be held to allow the public to consider the Plan, and he had set these dates to be September 11th and September 25th. SOUTH LAKE PLAYERS City Manager Forbes advised of a request by the South Lake Players for use of the Jenkins Auditorium at no cost for their next series of plays in the new season. Motion was made by Councilman Byrd, seconded by Councilman Honey and unanimously carried that the South Lake Players be granted use of the Jenkins Auditorium for their second season of plays under the same provisions as granted for the initial season. LAKE SHORE DRIVE A communication was submitted to Council from Mrs. Catherine Rathwick of 160 East Lake Shore Drive wherein she expressed concern to the City's proposal for abandoning certain parcels of property between Lake Shore Drive and Lake Minnehaha, and requested that a Public Hearing be held prior to any action by the Council. Mayor Smoak advised that due to the construction of the road, there are existing city utilities on private property in several areas along Lake Shore Drive, and in order to alleviate this problem the City is proposing to negotiate Quit Claim Deeds between the City and adjacent property owners for property on both sides of the street in an exchange thereby adding to the ad valorem tax roll and relieving the City from encroachment on private property. City Attorney Baird advised that the pertinent information and instruments had been delivered to the owners of the 12 parcels of property in question, and as soon as they have been considered, executed, and returned, he would submit the matter to Council for consideration. Mayor Smoak advised a public hearing would be held at that time. He further suggested, and Council was in agreement, that City Manager Forbes keep in contact with Mrs. Rathwick as to progress in the matter. e . . e CITY OF CLERMONT MINUTES WATER QUALITY STUDY STATUS With regards the proposed comprehensive water study which was initiated through the City of Clermont, Mayor Smoak reported on a very positive attitude todate from the various agencies which he had contacted, committing themselves to either man hours or financial assistance, and in some instances, both; That the Okla- waha River Basin Board had committed $2000 to help fund a project director, and the technical areas in which they will participate will be forthcoming; That the City of Mascotte had unanimously agreed to support the project on a priority basis, and had committed $1500; That the Lake County Soil and Water Conservation District had set it up as their first priority and committed up to one-half man year of time within budgetary constraints; That the Lake County Pollution Control Board had set it as a number one priority and had unanimously appointed Mr. Ted wicks to serve on a technical advisory committee within the agencies; That he had appeared before the City of Minneola, who had elected to consider the matter further; and, That he would be appearing before the Groveland City Council and the Lake County Waterways Authority within the next week. TRAFFIC CONTROL Councilman Cole advised of a need for additional traffic control signs in the Lincoln Park area, particularly for Speed Limit signs on Bloxam and Highland Avenues, and East DeSoto and Pitt Streets, and, Stop signs on Disston Avenue and Scott Street. It was the suggestion of Mayor Smoak, and Council was in agreement, that City Manager Forbes be instructed to conduct a complete survey of the area as to the adequacy of the signalization and signs, and report back to Council as to his recommendations for rectifying any deficiencies in that area. RECREATION AND LANDSCAPE COMMITTEE REPORTS Mayor Smoak expressed commendation to the Recreation and Landscape Committees for their tremendous efforts in compiling special reports of their findings and recommendations in those areas which will be used by the City Council as a guide in decisions that relate to parks and recreation facilities, and landscaping throughout the City. Mayor Smoak introduced the chairpersons of those committees, Mr. Dennis K. Thomas and Mrs. Arlene Hanks, who in turn introduced the members of their committee, followed by an in-depth review of their report which was vvell received by all present. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that the reports be accepted, and City Manager Forbes be instructed to proceed with working with the committees closely to instigate implementation of the immediate and short term objectives as recommended. Copies of these reports are a part of these Minutes and are available to the general public. CHAMBER OF COMMERCE Mr. Phil Searles, Executive Director of the Chamber of Commerce appeared before Council in support of the Chamber's request for financial assistance in fiscal year 1979-80, and presented a Resolution wherein the primary effort of the Chamber would be directed toward increasing the economic base of the community, and to support community activities, but not necessarily be the primary sponsor. Mayor Smoak advised that funding in the amount of $5000 as request is included in the proposed 79-80 budget, which he intended to support, but in order to more directly identify and justify public funding to the Clermont-Minneola Area Chamber of Commerce, he would request that a more closely working relationship be established between the Council and the Chamber as to how the e . . e CITY OF CLERMONT MINUTES funds are distributed. Mayor Smoak opined that a mutual end of the Council and the Chamber is to achieve growth in the community, but to assure that such growth is with the retention of the character of the community that the people in the community want retained. SAFETY EQUIPMENT City Manager Forbes advised that following an on-site safety survey by a representative of the State Industrial Safety and Health Division, communication had been received from the State requiring that certain safety equipment for use in the Utilities Department be obtained within 30 days; That the estimated cost for the necessary equipment is $2100, and he recommended authori- zation be granted to immediately purchase same. Motion was made by Councilman Honey, seconded by Councilman Cole and unanimously carried that authorization be granted as requested. FLORIDA LEAGUE OF CITIES, INC. City Manager Forbes advised of a request from the Florida League of Cities, Inc. to designate a voting representative from the City at the annual convention to be held in Kissimmee on October 25th thru the 27th. Motion was made by Councilman Schroedel, seconded by Councilman Honey and carried that Mayor Smoak be so designated. ORDINANCES Councilman Honey introduced AN EMERGENCY ORDINANCE OF THE CITY OF CLE~10NT, LAKE COUNTY, FLORIDA, ADOPTING THE UTILITIES FUND BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1979-80; AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED HEREWITH, and the Ordinance was read for a first reading by City Clerk Carroll by title only. Due to existing bond requirements that the Utilities Budget be adopted 45 days prior to the new fiscal year, Councilman Byrd offered and moved the adoption of AN EMERGENCY ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE UTILITIES FUND BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1979-80; AU~HORIZING RECEIPTS AND DISBURSEMENTS CONTAINED HEREWITH, and the motion was seconded by Councilman Schroedel. The Ordinance was read for a second and final reading by title only by City Clerk Carroll, and upon roll call vote on passage of the motion, the result was: Ayes: Honey, Cole, Schroedel, Byrd, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted the the Number 120-M assigned to it. Councilman Honey introduced AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATIONS OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR OF 1979-80 AND MAKING APPROPRIATIONS THEREFORE; PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT FOR THE YEAR 1979 FOR THE GENERAL OPER- ATION EXPENSE OF THE CITY OF CLERMONT, and the Ordinance was read for a first reading by City Clerk Carroll by title only. Councilman Schroedel introduced AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE SANITATION SERVICE BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1979-80; AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED THEREIN, and the Ordinance was read for a first reading by City Clerk Carroll by title only. e . . e CITY OF CLERMONT MINUTES Councilman Honey introduced AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE UTILITIES FUND BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1979-80; AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED HEREWITH, and the Ordinance was read for a first reading by City Clerk Carroll by title only. RESIGNATION With deepest regrets, Councilman Honey announced his resignation from the City Council, effective the last of August, due to his relocation in the Jacksonville area. He further advised of his pleasure in serving on the City Council, and the splendid co- operation afforded him by fellow members of Council and the City Staff. Motion was made by Mayor Smoak that the resignation be accepted with regrets, and an appropriate plaque be obtained for presentation to Mr. Honey commending him for his dedication, work, and services while serving as a member of the City Council. The motion was seconded by Counc~lman Byrd and carried. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 10:50 P.M. CLA()1 ~ - Hayor ~aa4'4L I;/. C4A4J[, DOLO ES W. CARROLL - City Clerk