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12-13-1977 Regular Meeting . e e . MINUTES REGULAR MEETING NQ 1457 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, December 13, 1977. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Honey, Byrd, Schroedel, and Blackburn. Other officials present were: City Manager Tiffany, City Clerk Carroll,Finance Director Sanchez, Public Works Director Smythe, Building Official Nagel, Councilman-elect Cole, and Chief of Police Tyndal. Others present were: Ms. Maureen Hurd, Mrs. Ruby Silvey, Mr. and Mrs. Eugene Switzer, Mr. and Mrs. John Barkowski, and the Messrs. Ross, Moulds, Matthews, Czech, Norquist, Hull, Hatcher, Searles, and Cook. Ms. Ruby Cone, Leesburg Commercial representative, was also present. The invotation 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 November 22, 1977, the Special Meeting held December 5, 1977, and the Special Meeting held December 7, 1977 were approved as written. LAKE COUNTY COMMUNITY ACTION AGENCY Messrs. Lyman M. Hatcher and Edward Moulds, Planner and Site Coordinator respectively, for the Lake Community Action Agency, Inc., appeared before Council to apprise them of the agencyls nutrition program in the county, such as their meals program which is held in the local VFW building, and to solicit financial assistance from the city in order to meet matching fund procedures as required to participate in the State HRS Title VII funding program. Motion was made by Mayor Smoak that the Lake Community Action Agency, Inc. be commended for their efforts in fulfilling and serving a need of the elderl citizens in the communit , but that no funds be ex ended from the pub ic tax monies of the City of Clermont to support such a program that he fe t could, and should be, self supporting, and thereby refuse to endorse what he considered to be a continual expansion of government programs to satisfy all the needs of all the segments of the economy. The motion was seconded by Councilman Honey and carried. PLANNING & ZONING RECOMMENDATIONS: YARD USE With regards the request of Council that the P&Z Commission consider the matter of possible language clarification as to structures and the use of required yards, particularly on patios in rear yard setbacks, they submitted several recommendations for amendments which included the following policy changes that would be pertinent in Councills consideration of the several Variance requests which had been tabled pending their study of the matter. (1) Allowing unroofed, unenclosed, ground level structures including patios in the rear yard when they are no closer to the property line than a distance equal to the side yard setback; (2) Reducing the side yard setback on corner residential lot to 12 feet when the rear yard abutts only another rear yard; (3) Allowing small utility buildings in the rear yard as long as they are a sufficient distance from property lines to allow maintenance. It was the consensus of Council that these recommendations be accepted, and they be included in a proposed amending ordinance to be prepared by the City Attorney. . e e . MINUTES NQ 1458 PUBLIC HEARINGS Council, sitting as a Board of Adjustment, considered a request by H. A. Ross for a Variance to Section 26-21 (E)(3) of the Zoning Ordinance in order to construct a screened porch on his property described as Lot 11, Block B of Edgewood Place Subdivision that would require a penetration into the rear yard setback of 3'6". Mr. Ross appeared before Council in support of his request, and advised there is an existing pending contract for sale of the property, contingent upon such construc- tion. Following inquiry from the Chair as to comments on the matter, Mr. Tom Sanchez, an abutting property owner, spoke in opposition to the request as he felt such construction would destroy the "openess" of the neighborhood inasmuch as the existing residence had already been located farther to the rear of the property than other houses in that same block. Mayor Smoak advised that, following an on- site inspection of the proposed construction, he felt it would be dis-advantageous to the abutting residents inasmuch as the proposed building would block out any lighting to their rear yards from the existing street light. Motion was then made by Councilman Blackburn, seconded by Mayor Smoak and carried that the request be denied. Inasmuch as the following requests would be allowable without benefit of Variances in the proposed amendments to the Zoning Ordinance as Council had accepted, motion was made by Mayor Smoak, seconded by Council man Honey and carri ed, that they be granted. (1) H. A. Ross - Lot 3, Block C, Edgewood Place Subdivision. Penetration of 318" into rear yard setback to construct a patio; (2) H. A. Ross - Lot 5, Block C, Edgewood Place Subdivision. Penetration of 41611 into rear yard setback to construct a patio; (3) H. A. Ross - Lot 6, Block C, Edgewood Place Subdivision. Penetration of 916" into rear yard setback to construct a patio; (4) H. A. Ross - Lot 12, Block C, Edgewood Place Subdivision. Penetration of 2' into rear yard setback to construct a patio; (5) Jim Hull - Lot 9, Block C, Edgewood Place Subdivision. Penetration of 3' into rear yard setback to construct a patio. Council thereupon considered a request by Mr. John Barkowski for a Variance to Section 26-45 (SIDE YARD SETBACKS ON CORNER LOTS-R-2 ZONE) in order to construct a residence on his property described as Lot 11, Block 54 of Crestview Subdivision, which would require a 5' penetration into the required side yard setbacks for corner lots. Following an examination of the proposed plot plan by Council which reflected a proposed entrance from Carroll Street, it was determined they would be agreeable to the request provided the construction fronted on Fifth Street. Mr. Barkowski and Building Contractor Ken Norquist were present at the meeting, and were agreeable to the provision, whereupon motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that the request be granted. EFFLUENT DISPOSAL City Manager Tiffany reported on a recent meeting of himself and City Engineer Springstead with officials of DER and Acting Lake County Pollution Control Board Director, Wicks, with regards permitting forthe Sewage Treatment Plant, and the result of the meeting was that a proposed compliance schedule be prepared for use . e e . MINUTES NQ 1459 by the City and the Staffs of all the other regulatory agencies as a goal to follow in eliminating the city's effluent disposal problems, which he and Mr. Springstead would be working on. He further advised that he had appeared before the Lake County Pollution Control Board on Monday, December 12th, to request an extension of the city's variance from them regarding effluent disposal, and they had voted favorable to a 90 day extension based on the aforementioned compliance schedule to be prepared as soon as possible. CHANGE OF MEETING DATE Inasmuch as both he and City Attorney Baird would be out of the state on the next regularly scheduled meeting date, City Manager Tiffany inquired if Council desired to re-schedule the meeting date. Mayor Smoak thereupon announced the last scheduled meeting for December to be on Tuesday, December 20, 1977. ACTING CITY MANAGER City Manager Tiffany advised of the appointment of Tom Sanchez as Acting City Manager during his absence from the city on December 21, 1977 through January 2, 1978. COOPER MEMORIAL LIBRARY Counci:lman Schroedel reported that the Library was currently exhibiting a beautiful display of various bibles and hymnals; That their recently acquired Audio Visual Equipment was being used frequently for presentations before various organizations and groups in the city; That the decorative small animal fence in the childrens section of the Library had been completed; and, That the Library would be closed on December 24th, December 25th, and January 2nd. CLERMONT HIGH SCHOOL FOOTBALL TEAM RECOGNITION It was the desire of Councilman Honey, and Council was in unanimous agreement, that commendable recognition be extended to the local High School Football Team &Cr.)~.~~~,~:~,_ Staff in their achievement of advancing to the State Class 2A championship play-off to be held at Highlander Field on Friday, December 16th. STATE ROAD 50 UTILITIES RELOCATION Following negotiations regarding the manhole adjustment work to be done in the SR 50 improvement project, City Manager Tiffany advised of a quotation from S. M. Wall Company @ $500 per manhole, and recommended that their quotation be accepted. Motion was made by Mayor Smoak seconded by Councilman Byrd and carried that the City Manager's recommendation be accepted. PAYMENT OF BILLS Motion was made by Councilman Honey, seconded by Councilman Blackburn and carried that the bills be paid. A copy is attached hereto. RESOLUTIONS/ORDINANCES Following consideration in Public Hearing by the Planning and Zoning Commission on December 5, 1977, it was their recommendation that a CUP be granted to the Church of God, located on Grand Highway, to construct a parsonage at that location, noting that the adjacent property to the north is presently zoned R-1, and that the proposed construction would meet R-1 restrictions as to setback, size, etc. Motion was made by Councilman Blackburn, seconded by Councilman Honey and unanimously carried that the P&Z Commission's recommendation be accepted, and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, GRANTING A CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF A CHURCH BY CONSTRUCTING A PARSONAGE BUILDING, be adopted. The Resolution was read by Mayor Smoak, and the Number 306 assigned to it. . e e . MINUTES NQ1460 Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, PROHIBITING GLASS CONTAINERS ON CITY BEACHES: PROHIBITING DOGS, CATS, ETC. ON CITY BEACHES, and the motion was seconded by Mayor Smoak. The Ordinance was read by City Clerk Carroll for a second and final reading by title only, and upon roll call vote on passage of the motion the result was: Ayes: Blackburn, Schroedel, Byrd, Honey, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 166-C assigned to it. RE-ZONING REQUEST The Planning and Zoning Commission, meeting in Public Hearing on December 5th, considered the request of John R. Jones for the re-zoning of Lots 3-5-7-9 & 11 in City Block 45 from its existing C-l classification to R-3 classification, and noting that the preliminary draft land use map of the proposed Comprehensive Plan reflected most of that block as future "medium density residential", recommended that the request be granted. It was the suggestion of Mayor Smoak, and Council was in agreement, that this matter be deferred pending contact and response from the owners of Lots 1-13-15- 17 & 19 in Block 45 to a proposal of re-zoning that entire block that fronts on Broome Street between Fourth and Fifth Streets to R-3 zoning classification. TELEPROMPTER SOUTHEAST, INC. Inasmuch as representatives of Teleprompter Southeast, Inc. were not present, Mayor Smoak requested that the public hearing to consider their request for an increase in rates be deferred until the next scheduled meeting on December 20th. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:55 P.M. (]!~ CLAUDE E. SMOAK, JR. - MAYOR ~~~~ DOLOR S W. CARROLL - CITY CL K