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04-11-1978 Regular Meeting . e e . MINUTES NQl487 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, April 11, 1978. The meeting was called to order at 7:30 P.M. by Mayor Pro-Tern Carlisle A. Byrd, Jr., with the following members present: Councilmen Schroedel, Honey, and Cole. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, and Building Official Nagel. Others present were: Masters Findley, Amesbury, Smith, Mesdames Cunningham, Brogdon, Brinkerhoff, Nystrom; Mr. & Mrs. James Fluhart; and, the Messrs. Sargent, Matthews, Benfield, Czech, Bruno, Kuharske, Edgington, Faulkner, and Rausch. The invocation was offered by Mayor Pro-Tem Byrd, followed by the repeating of the Pledge of Allegiance in unison by those present. Mayor Pro-Tem Byrd was extended the privilege of awarding the prizes of Savings Bonds to the winners of the recent Bike-a-Thon contest, which was held to ~enefit the Cystic Fibrosis Foundation, which were presented to Master Allen Findley, Master Thomas Amesbury, and Master Mark Smith. The Minutes of the Regular Meeting held on March 28, 1978 were approved as written. PUBLIC HEARING: VARIANCE REQUESTS City Council, sitting as a Board of Adjustment, considered the request of Mr. Thomas L. Benfield for a Variance to Section 26-21 (E)(3) R-1 URBAN RESIDENTIAL DISTRICT - REAR YARD SETBACKS of the Zoning Ordinnace in order to make additions to an existing patio slab on his property described as Lot 9, Block C of Edgewood Place Subdivision. There was no one present who voiced objection to the request, whereupon motion was made by Councilman Schroedel, seconded by Councilman Honey and carried that the request be granted. Council, sitting as a Board of Adjustment, considered the request of Mrs. S. E. Nystrom for a Variance to Section 26-22 (C)(2) R2 MEDIUM DENSITY RESIDENTIAL - GENERAL REQUIREMENTS of the Zoning Ordinance in order to construct a duplex on her property described as Lots 1 and 2 in Lakeview Heights Subdivision. Building Official Nagel advised of ample space on the property for such construction, but due to the existing requirement of a 100' frontage for duplexes, and Mrs. Nystrom's residence was already located there, the remaining frontage would not meet the requirement. He further advised however, that it would be permissable to attach the proposed duplexes to her residence and thus establish a conforming triplex, but without variance, the separate construction of duplexes would not be allowed. Mrs. Nystrom was present in support of her request, and there was no one present who voiced objection to it. Motion was made by Councilman Honey, seconded by Councilman Schroedel and carried that the request be granted. Council, sitting as a Board of Adjustment, considered the request of Mr. James Fluhart for a Variance to Section 26-20 (E)(2) RIA URBAN RESIDENTIAL DISTRICT - SETBACKS of the Zoning Ordinance in order to construct an addition to his driveway on his property described as Lots 25 and 26 in Indian Hills Subdivision. Mr. Fluhart appeared before the Council in support of his request, advising that the driveway had been constructed prior to the RIA Zoning Requirements and had been placed only 1 foot away from the property line which now requires a 9' setback and in order to extend the existing driveway, a variance would be necessary. There was no one present who voiced objection to the request. Motion was made by Councilman Schroedel. seconded by Councilman Cole and carried that the request be granted. Council, sitting as a Board of Adjustment, considered the request of K&E Construction Company, Inc. for a Variance to Section 26-45 (SIDE YARD ON CORNER LOTS - R1 URBAN RESIDENTIAL DISTRICT of the Zoning Ordinance in order to construct a patio addition to new constructed fesidenceon property described as Lot 11 in Block 103 of Indian Hills Subdivision. Messrs. Kuharske and Edgington appeared before Council in support of their request advising that the residence had been placed in a location on the property in such position so as to retain a large oak tree, and .. e e e MINUTES NQ1488 because of its position on the lot, a variance would be necessary to add the proposed patio in the side yard. There was no one present who voiced objection to the request. Motion was made by Councilman Schroedel, seconded by Councilman Honey and carried that the request be granted. Council, sitting as a Board of Adjustment, considered the request of Nick Rausch, Jr. for a Variance to Section 26-21 (E)(3) R1 URBAN RESIDENTIAL DISTRICT - REAR YARD SETBACKS of the Zoning Ordinance in order to construct and then screen-in an addition to an existing patio on his property described as Lot 19, Block B of Edgewood Place Subdivision. Nick Rausch, Sr. appeared before Council in support of his son's request, advising that to screen-in the existing 6' patio, the area would be too small to accomodate standard size patio furniture. Mr. Bill L. Faulkner, abutting property owner to Mr. Rausch, Jr., appeared before Council also in support of the request. There was no one present who voiced objection. Motion was made by Councilman Cole, seconded by Councilman Honey and carried that the request be granted. Council, sitting as a Board of Adjustment, considered the request of Sun First National Trust Department-Co-Trustees of the Preston E. Maynard Trust, for a Variance to Section 26-20 (C)(2) RIA URBAN RESIDENTIAL DISTRICT - GENERAL REQUIRE- MENTS - LOT WIDTH in order to utilize Lot 167 in Clermont Heights Subdivision for a residential site. Mrs. Jo Cunningham, Realtor, appeared before Council in support of the request, advising that originally there were several parcels in that immediate area that were under single ownership and the location of several buildings constructed on the property had not presented a problem, but now that the Estate desired to sell the property, there is an encroachment of 40+ feet on Lot 167. Council was not agreeable to reducing the required 100' frontage on buildable lots in RIA Zones, whereupon motion was made by Councilman Schroedel, seconded by Councilman Honey and carried that the request be denied. MARSHLAND STUDY City Manager Tiffany advised that Mayor Smoak had appeared before the County Commission and the County Water Authority on Tuesday and Wednesday to solicit their financial assistance in a second year of the marshland study, and each had agreed to participate with committments of $20,000 each. City Manager Tiffany advised of a meeting to be held in his office on Friday, April 14th at 9:30 A.M. between the researchers, Engineer, staff members, Mr. Bill Dailey, and interested Council members to discuss the objectives in the second year of the marshland study. LEAGUE OF CITIES MEETING City Manager Tiffany advised of the quarterly Lake County League of Cities meeting to be held in Tavares on Wednesday, April 19th at 7:00 P.M., and that reservations should be turned in to the City Clerk no later than Friday, April 14th. OUTSTANDING TAX CERTIFICATES Regarding the approximate 25 to 30 outstanding tax certificates which the city holds, and on which the City Attorney had been previously requested to initiate collections on, Mr. Baird advised that the initial cost to pursue the matter by the County Tax collector1s Office would be approximately $25 per certificate, and he inquired of necessary authorization to proceed. Motion was made by Councilman Schroedel. seconded by Councilman Cole and carried that the authorization be granted. LOT MOWING Now that the City has changed its procedure for the required twice per year vacant property lot mowing, City Attorney Baird inquired of authorization to proceed with collections of several outstanding lot mowing bills in County Court. Motion was made by Councilman Schroedel, seconded by Councilman Honey and carried that such authorization be granted. . e e . MINUTES NQ 14:89 REFUNDING BOND PROGRAM Following the previous authorization by Council for a preliminary research to determine if the City should refund its current bond structure, it was the recommendation of City Attorney Baird that the City utilize a more local law firm as bond attorneys should they decide on a restructure program in order to effect an easier communication than is possible now with the large bond attorney firm in Jacksonville, and he further recommended the services of Young, Turn- bull, and Linscott, P.A. of Orlando, a firm very familiar with municipal bond issues. Motion was made by Councilman Schroedel. seconded by Councilman Cole and carried that the recommendations of City Attorney Baird be accepted. COUNTY WIDE LIBRARY SYSTEM Councilman Schroedel reported that following a joint work meeting of Council and the Library Board, at which it had been the consensus that the local library not participate in the proposed county wide library system under the existing proposed agreement, as a member of the library task force committee, he had been instructed to relate this determination at the library meeting to be held in Tavares on May 5th. Councilman Schroedel further reported that it was the Board's desire that a more practical agreement be pursued in lieu of permanently abandoning the matter. RECREATIONAL FACILITIES Due to the increasing demand for use of the city owned recreational facilities for ball fields by local teams, and the increasing utlilization of these facilities by out-of-city teams, Councilman Honey inquired as to a possible fee for use of the city owned facilities by those out-of-city teams. The matter was referred to City Manager Tiffiany for investigation and recommendation. Councilman Honey inquired of the possibility to have the fenced-in area at the Little League facility extended in order to prevent vehicles from driving on the grassed area, which he had observed recently. The matter was referred to the City Manager. FIRE HAZARD Councilman Schroedel advised of a complaint received regarding the out-of-business Custom Furniture Store in the downtown business section which still held consider- able inflammable materials in storage, and he inquired of a possible inspection by the City to determine whether or not there is a fire hazard condition existing. The matter was referred to City Manager Tiffany, who agreed to seek permission from the owner to make such an inspection. LOT REQUIREMENTS/SIGN ORDINANCE REVISIONS Due to the absence of Mayor Smoak, Mayor Pro-Tem Byrd requested that consideration of the proposed lot requirements and sign ordinance revisions be deferred until the next regular meeting. SIDEWALK CONSTRUCTION Councilman Cole inquired as to the status of the sidewalk construction in the Junior High School area, and he was advised by City Manager Tiffany that the project had not been started as yet due to previous heavy work load committments by the public works crews, and the necessary immediate attention to several drainage projects in the City prior to onset of the rainy season. . e e . MINUTES NQ1400 HUNT ALLEY LEASE City Manager Tiffany advised that Mr. J. W. Hunt had re-submitted a request to lease the city owned 1/2 lot abutting his business property on the west and under the same terms that had been agreeable to Council at their previous consideration of same, but with the provision for a 6-month cancellation clause, and he recommended that it be accepted. Motion was made by Councilman Schroedel, seconded by Councilman Cole and carried that the Lease Agreement be accepted and executed by the proper city officials. CETA AGREEMENT MODIFICATION In an effort to get better benefit from the CETA program inasmuch as only two of the five allotted positions had been filled, it was the recommendation of City Manager Tiffany that the three vacant positions be eliminated and a new position titled "Planning and Zoning Technician" be created. He advised the new position would provide assistance in the initial implementation work of the Comprehensive Plan, code revision work, and compliance inspections and surveys. Motion was made by Mayor Pro-Tem Byrd, seconded by Councilman Schroedel and carried that the City Manager's recommendation be accepted and an Agreement Mod- ification for CETA participation be executed by the proper city officials. RESOLUTIONS Councilman Schroedel offered and moved the adoption of a Resolution increasing certain rates and fees for water and sanitary sewer services, and the motion was seconded by Councilman Honey and unanimously carried. The Resolution was reviewed orally by City Manager Tiffany, and the Number 311 assigned to it. ORDINANCES Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT; REZONING THE REAL PROPERTY DESCRIBED AS LOTS 8, 9, 10, 11, and 12, IN CITY BLOCK 27 FROM A C-1 ZONING CLASSIFICATION TO AN R-3 ZONING CLASSIFICATION, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT PROVIDING FOR EXTENSION OF WATER AND SANITARY SEWER LINES, and the Ordinance was read in its entirety for a first reading by City Attorney Baird. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Pro-Tem Byrd at 9:15 P.M. ~!I rGtto~) k; ~J) DOLORES W. CARROLL - CITY CLERK CARLISLE A. BYRD, JR. -