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11-28-1978 Regular Meeting e 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,November 28, 1978. The meeting was called to order at 7:30 P.M. by Acting Mayor 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, Finance Director Sanchez, and Chief of Police Tyndal. Others present were: Mrs. Melody Brooks, Mr. & Mrs. Bob Ray, Mr. & Mrs. Ralph French, and the Messrs. Forehand, Czech, Fleming, Bowen, Daw, Grose, Horton, Ainbinder, Searles, Kidd, Sargent, and Springstead. The invocation was offered by Acting Mayor Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on November 14, 1978 and of the Special Meeting held on November 20, 1978 were approved as written. PUBLIC HEARING City Council, sitting as a Board of Adjustment, considered a request of Mr. & Mrs. Kenneth James 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 then enclose, an existing concrete slab on his property described as Lot 6, Block C, Edgewood Place Subdivision (251 Edgewood Drive). Mr. James appeared before Council in support of his request, advising them that in order to utilize an existing slab in his rear yard as a screen enclosed porch, it would be necessary to extend the slab, but to do so, the proposed enclosure would penetrate 7 feet into the required rear yard setback. Mrs. Brooks, Mr. & Mrs. French, and Mr. Kidd, abutting property owners to Mr. James, appeared before Council in support of the variance being granted, and following inquiry from the Chair, there was no one present who voiced objection. Motion was thereupon made by Councilman Schroedel, seconded by Councilman Cole and carried that the request be granted. VISITORS WITH BUSINESS Mr. Dennis Horton, Attorney-at-Law representing Mr. Don Ainbinder dba Tom's Pizza, appeared before Council to appeal a decision of the City Manager wherein his interpretation of Section 26~79.1 of the City Code prohibited Mr. Ainbinder from locating a portable sign at the Winn Dixie parking area to advertise his business for a period of 6 months, following the lapse of his most recent 60 day permit which expired on October 7th. Mr. Horton supported his appeal in the interest of a small fast food business in the City that is surrounded by three large fast food chains that have corresponding signs for advertisement, and, because the code section in question does not specify such a 6 month waiting period, thereby allowing for a more liberal interpretation. City Manager Tiffany advised that the administrative decision made to require a 6 month waiting period had been based on the code definition for Vehicle/Portable signs wherein they are described as designed to be temporarily emplaced, and inasmuch as prior approval had been granted Mr. Ainbinder for placement of the sign for 240 days in a one year period, he felt that granting approval in a lesser time period would be circumventing the intent of the code for temporary signs. Motion was made by Councilman Schroedel. seconded by Acting Mayor Byrd and carried that the decision of the City Manager be upheld. Councilman Honey voted in the negative on passage of the motion. It was the desire of Council that the vehicle/portable sign provision of the code be reviewed for possible amendment, and City Manager Tiffany was requested to refer the matter to the P&Z Commission for study and recommendation. LAKE APOPKA NATURAL GAS DISTRICT Mr. John M. Sargent, the City's representative on the Lake Apopka Natural Gas District Board, appeared before Council to briefly review the District's status at its year ending on September 30th. He was pleased to report that all interest and principal payments had been paid up todate, and a major portion of the next payment due in January of 79' was on deposit at interest at the present time; That the operating revenue of the District at year ending January 31, 1974 had been $1,500,000 with a net income of $60,000, and at year ending September 30, 1978 they had been $2,970,000 and $588,000 respectively; and, That at the present time the prospectus loomed favorable for a return to the participating cities in the District, a portion of unencumbered net surplus, as provided in the Enabling '~_.~.. .- . e e . CITY OF CLERMONT MINUTES Act, in the not too distant future. Mr. Sargent opined that it be of utmost importance, at this phase of the District's operation, that Clermont be best represented in order that the City's interest now, and in the future, are properly protected. BOWEN CUP REQUEST As directed by Council at their last regular meeting, the CUP as requested by Mr. Razz Bowen to utilize the property at 1155 Fifth Street for the sale of used cars and small repair work had been deferred pending submission of a site plan and a listing of specific improvement to be made. Mr. Bowen submitted a sketch for Council's perusal, and advised that he proposed an exterior face-lifting to the building and repair of the canopy, but until such time as he obtains a minimum one year lease on the property, he did not propose further improvements. He further advised that a verbal commitment had been made to grant him a one year lease. Mr. Bowen further advised that his request to perform shall repair work referred solely to the readiness of his own vehicles to be offered for sale. Inquiry was made from the Chair as to anyone present who desired to comment on the matter. Mrs. Ruth Alice Ray, Chairperson of the P&Z Commission, reiterated her personal opinion, and that of the P&Z Commission in denying recommendation for approval of the CUP, that the proposed use would not be desirable in that location in that it abutts a residential area. Motion was made by Acting Mayor Byrd that the request be granted, subject to the following conditions: (1) That the number of cars allowed on the property be no more than ten (10); (2) That no vehicles be allowed to be parked on the public right -of-way; (3) That, in respect to the proximity to residential property, that no repair or shop work be allowed on the presmises in excess of minor repairs as now allowed in residential areas; and, (4) That the hours of operation be restricted between the hours of 7:00 A.M. and 7:00 P.M. The motion was seconded by Councilman Honey and unanimously carried. SEMINOLE WELL City Manager Tiffany advised of serious problems emanating from the Seminole Well being on line with the excessive pressure surge at the well site, and the overflow pro- blems on the Lake Avenue tank as a result of being unable to adjust the pressure control at the well, and he recommended that immediate action be taken to relieve these problems, as recommended by City Engineer Springstead. Mr. Springstead recommended going to a pressure system at the tank using telephone transmission lines to carry the electronic signal from the tank to the well site to start and stop the pump to eliminate the fre- quent overflow of the elevated tank resulting in waste of water, chlorine, and electricity, and the installation of a pump control valve at the pump discharge head to dampen the pressure surge. He further advised, that with using city forces for the installation, the approximate cost should be $2600.00 to $2700.00, in addition to an approximate installation charge of $200 for the telephone line system and $20 monthly fee. Motion was made by Councilman Honey, seconded by Councilman Cole and unanimously carried that the recommendations of the City Manager and the City Engineer be accepted. Mr. Springstead reported to Council, that upon being advised that recent tests at the Seminole Well had shown there was sand in the water from the well, he had immediately forwarded this information to the well contractors, the project engineers, and the bonding agent, and requested that immediate necessary remedial measures be taken to bring the well into conformance with contract specifications, which are in effect for a period of one year after installation and acceptance, but that he had not been contacted by them todate. e e e e CITY OF CLERMONT MINUTES SANITARY SEWERAGE City Engineer Springstead reported that a current appraisal of the City's effluent disposal problems would be that the City is still operating without benefit of permit from DER, and it is now time to generate the necessary compliance schedule to amend the compliance schedule as last approved to delineate the possible phosphorous removal by use of Odophos, and the possible landspreading of effluent into the grove near the borrow pit. He advised that DER officials had recently indicated that, if these items were included in an amended compliance schedule, we could expect a temporary permit from them which would extend to June of 1980. BROOME STREET IMPROVEMENT Mr. Springstead advised that their contract surveyor had been requested to obtain the necessary field data for the improvement of Broome Street between Fourth and Fifth Streets, but due to previous heavy work committments, this had not been completed as yet. JOINT MEETING OF CLERMONT AND MINNEOLA COUNCILS City Manager Tiffany advised of a joint meeting between Clermont and Minneola City Councils to discuss the scope and purpose for a Committee proposed to discuss cooperative services as tentatively set for 5:00 P.M. on Thursday, December 7th. This date was agreeable to Council, and Acting Mayor Byrd requested that all successful candidates in the December 5th General Election be invited to attend also. GENERAL ELECTION BOARD City Clerk Carroll submitted the following named persons to for the December 5th General Election, and recommended that substitutions be authorized as needed: Clerk: Inspectors: serve on the election board they be appointed, and that A. M. Johnson Oakley Seaver Mrs. Goldie Wilson Mrs. Frances Oswalt Mrs. Ella Mae Sheldon Mrs. Alice Pelfrey Mrs. Frances Brice Machine Inspectors: Mr. Coman Post Mr. W. B. Mallory Officer-of-the-Day: Mr. Ray Dowling Motion was made by Councilman Honey, seconded by Councilman Cole and unanimously carried that the City Clerk's recommendation be accepted. CITY MANAGER'S POSITION Motion was made by Councilman Cole, seconded by Councilman Honey and carried that the resignation of City Manager Tiffany as submitted on November 17th, be accepted with regrets. City Clerk Carroll was requested to place the matter of an interim manager appointment on the next regularly scheduled meeting agenda. SPECIAL MEETINGS Acting Mayor Byrd called a Special Meeting of the City Council to be held in the office of the City Manager on Monday, December 4, 1978 at 5:00 P.M. to prepare the Ballot Box for the General Election to be held on December 5th. Acting Mayor Byrd called a Special Meeting of the City Council to be held in the office of the City Manager on Wednesday, December 6, 1978 at 9:00 A.M. to canvass the ballot of the General Election and declare the Results. e e e e CITY OF CLERMONT MINUTES ORDINANCES Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA; AMENDING SECTION 26-50 OF ARTICLE VIII OF APPENDIX A; PROVIDING FOR DENIAL OF SITE PLAN APPROVAL UNDER CERTAIN CONDITIONS, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OE ORDINANCES OF THE CITY OF CL~RMONT, FLORIDA; PROVIDING FOR CERTAIN INFORMATION TO ACCOMPANY PETITIONS FOR CONDITIONAL USE PERMITS, 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, FLORIDA; PROVIDING FOR APPLICATION OF REGULATIONS; PROVIDING FOR REQUIREMENTS FOR NON-CONFORMING USES, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, PROVIDING FOR INITIATIVE; PROVIDING FOR PROCEDURES FOR SAME; PROVIDING FOR STRAW BALLOT STATUS and the motion was seconded by Councilman Schroedel. The Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Honey, Cole, Schroedel, and Byrd. Total Ayes: Four. Nayes: None. Absent: Smoak. So the Ordinance was adopted and the Number 188-C assigned to it. SANITARY AND HEALTH NUISANCE COMPLAINT Inquiry was made as to action by the City to alleviate the reported obnoxious and unsanitary odors emanating from the MacDonnel cattle trucking business located on the Highway 27 service road between State Road 50 and Hook Street. City Attorney Baird advised that legal action had been temporarily sustained pending information that a new site for the business was being readied in an out-of-city location, and he would contact the owners for confirmation on the matter as soon as possible. There being no further business to be brought before the Council at this time, the meeting was adjourned by Acting Mayor Byrd at 9:30 P.M. /7 /;/ - ,~ I SLE A. BYRD, JR., - J:io.v,j 't/. ~A!c:' DOLORES W. CARROLL - City lerk