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07-11-1978 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, July 11, 1978. 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 Cole. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk, Carroll, Finance Director Sanchez, Building Official Nagel, and Chief of Police Tyndal. Others present were: Mrs. J. B. Forehand, Mr. & Mrs. Jimmy Lee Jackson, Mr. & Mrs. Henry Lewis and family, and the Messrs. Czech, Searles, Dority, Sokol, Judy, Sargent, and Lyons. 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 June 27, 1978 were approved as written. PUBLIC HEARINGS Council, sitting as a Board of Adjustment, considered the request of Max Judy (dba Max Judy & Associates Realty, Inc.) for a Variance to Section 26-25 (E) !l) (3) (C2 GENERAL COMMERCIAL DISTRICT SETBACKS)of the Zoning Ordinance in order to alter and make additions to his property in Block 2 of Sunnyside Unit (300 East Highway 50). Mr. Judy appeared before Council in support of his request, advising that elevation changes as required in the State Road 50 improvement project necessitated the relocation of hts proposed parking areas, and in order to accomplish this and construct the desired addition to his building, it would be necessary to penetrate both the front and rear yard setbacks. City Manager Tiffany advised that Mr. Judyls proposed plans had been approved by all the necessary I( regulatory agencies, including the City, with the exception of these variance. requests. Motion was thereupon made by Councilman Byrd, seconded by Councilman Honey and carried that the request be granted. Council, sitting as a Board of Adjustment, considered the request of Mr. & Mrs. Henry Lewis for a Variance to Section 26-21 (C) (1) (2) (3) (Rl URBAN RESIDENTIAL DISTRICT-GENERAL REQUIREMENTS) of the Zoning Ordinance in order to construct a residence on their property described as Lot 8 in Pinecrest Subdivision that would require relief in the lot width, lot size, and lot area per family, requirements. Mr. & Mrs. Lewis appeared before Council in support of their request, advising that the property had been a gift from their parents in order that they might construct a residence of sufficient size to accomodate their large family of eight children, which their present facility did not have. Following inquiry from the Chair as to possible acquisition of additional abutting vacant property in order to meet the necessary lot requirements, Mr. & Mrs. Jimmy Lee Jackson, the benefactors, advised Council they were the abutting property owners and were reserving the remaining two lots to be deeded to two other daughters when the need arises, in order that the family res~de in close proximity. City Attorney Baird suggested that Council might peruse a major concept of the Variance Ordinance wherein the granting of a variance would not disturb the essential character of the neighborhood as it exists. City Manager Tiffany advised there had been no response from any of the abutting and/or adjacent property owners following written notification to them of the pending request, and, following inquiry from the Chair, there was no one present who voiced objection. Motion was then made by Councilman Cole, seconded by Councilman Honey and unanimously carried that the request be granted. SEMINOLE WELL STATUS City Manager Tiffany advised of the Project Engineer's recommendation for a minor modification to the Chlorinator as an initial step in resolving the well problems, and that the necessary parts were on order. He further advised that following modification of the chlorinator, the Engineer would be on-site to observe the well under operating conditions in order to make further recommendations. With regards the liability on part of the Project Engineers, City Attorney Baird advised the contract was a standard contract providing for certain things to be done, and if it were to be determined that the well problems were a result of the ',_., ~ , . e e . CITY OF CLERMONT MINUTES Engineer's lack of expertise in the well construction, the liability responsibility would be theirs. ADVANCE PHOSPHOROUS REMOVAL TREATMENT Motion was made by Mayor Smoak, seconded by Councilman Byrd and carried that the previously authorized use of Odophos for advanced treatment of phosphorous removal and hydrogen sulfide control, be deferred pending notification to the various regulatory agencies of the City's intent to use the product, and receipt of written response back from them.regarding their feelings on use of the product in terms of its relationship with the Marshland Study;and, that a request be forwarded to Dr. Zoltek for his personal evaluation of the effects of Odophos on the end results of the effluent disposal study in the marsh. 78-79 FISCAL YEAR BUDGET City Manager Tiffany advised the 78-79 budget preparation was in the final stages, and it was planned for submission to Council by the middle of next week. EDINGTON VARIANCE REQUEST With regards a Variance in fence regulations that was granted by Council on May 23rd to F. N. Edington on her property described as the st of Lot 92, All of Lots 93 & 94, and the Nt of Lot 95 in Hillcrest Subdivision, City Manager Tiffany advised that she had acquired the additional property of the st of Lot 95 and All of Lot 96, and had utilitized the Variance grant in fencing in of that property also. Council queried the legality of the additional property being included in the variance grant without benefit of formal publication of public hearing, and the matter was thereupon referred to City Attorney Baird for his recommendation back to Council. ACQUISITION OF ADDITIONAL PARK AREA City Attorney Baird advised that a contractual proposal for acquisition of additional park area at a price as set by Council on June 27th had been accepted by the sellers, and he inquired of authorization to proceed with the closing of same. It was the unanimous consensus of Council that such authorization be granted. STATE-REVENUE SHARING FUNDS Finance Director Snachez reported on an anticipated increase of approximately $25,000 in State Revenue Sharing Funds due to the recent City population recording of 5136. Based on this report, motion was made by Mayor Smoak that in the budget re ort submitted to Council b the Cit Mana er, that a minimum ad valorem tax re- duction of 10% be included in that recommendatio 0 i Councl to re lect t e additional Revenue Sharing Funds to be received, and additionally, that ot er tax reductions be considered if found feasible in the budget. The motion was seconded by Councilman Honey and unanimously carried. Query was made of Mr. Sanchez as to the anticipated cash reserve to be forwarded for fiscal year 78-79, and he advised of a General Fund reserve of approximately $350,000. COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative to the Library Board, reported on his recent attendance of their regular meeting wherein it was reported they had received $63.00 in memorials during June; that the display during July is a Spoon Display owned by Mrs. Caroline Robertson; that the summer childrens Hour had begun, and the initial attendance figure was 65 children with Mayor Smoak extending the welcome and presenting the program; that the recent Free Antique Appraisal project had been very well received, and they anticipate repeating such a project in the near future; and, that another meeting of the Library Task Force Committee to consider a proposed county wide library system had been set for July 17th in Tavares. . e e . CITY OF CLERMONT MINUTES ANIMAL CONTROL Councilman Schroedel advised of complaints received regarding a dog running at large in the Clermont Heights section and creating a nuisance of overturning garbage containers at the various residences. The matter was referred to the City Manager. TRAFF I C CONTROL Councilman Cole reported he was pleased to observe that the newly purchased Police Radar System had been received and was in use. SIDEWALK CONSTRUCTION Councilman Cole Advised he was pleased to observe that the sidewalk construction project in the Junior High School area had been started. LANDSCAPE PROGRAM City Manager Tiffany advised the City wide landscaping guide document, as prepared by Landscape Architect Knight, would be presented to the P & Z Commission for con- sideration at their meeting to be held on August 1st, and their subsequent recommend- ations to Council following that. It was the suggestion of Mayor Smoak that City Manager Tiffany discuss with the P & Z Commission and the Landscape Architect, the feasibility of beginning in the 78-79 fiscal year a landscape program along State Road 50 as an initial project within the City from the standpoint of evergreens and trees along that major thoroughfare. City Manager Tiffany also advised that Mr. Knight would be reviewing the proposed landscaping document at a meeting of the Clermont Kiwanis Club to be held on July 25th, and he invited Council to attend as his guests. LEAGUE OF CITIES MEETING Mayor Smoak advised that the next regularly scheduled meeting of the Lake County League of Cities would be held in Fruitland Park on Wednesday, July 19th at 7:00 P.M. and that reservations should be made with City Clerk Carroll no later than Friday, July 14th. JACKSON REQUEST In regard to Mr. Jimmy Lee Jackson's request to Council that condemnation proceedings against his property at 792 East Montrose Street be dropped in order that he might make the necessary repairs for inspection approval, City Manager Tiffany advised of a re-inspection of the premises by Mr. Nagel, City Code Enforcement Official, and his subsequent recommendation that leniency be granted inasmuch as the re-inspection revealed that progress in eliminating the numerous violations had been instigated. Mr. Nagel further recommended that such leniency be granted on the basis of inspections being made every 15 days until the property conforms to all local ordinances. Council was in agreement with the recommendation, and requested that Mr. Nagel keep them regularly informed upon his in~pections of the property. In regard to Mr. Jackson's protest of an excessive lot mowing bill for his vacant property, City Manager Tiffany advised that the mowing had been ordered by the City following a routine inspection of the property, and the proper billing was forwarded under policy as adopted by Council wherein full cost of mowing plus overhead was charged to those property owners who had the City cut their property, and he thereby found the billing to be in order. City Manager Tiffany's report was accepted. . e e . CITY OF CLERMONT MINUTES KEHLOR PARK RESTROOMS As a result of Councills request on June 27th that City Manager Tiffany investigate provisions for providing restroom facilities at Kehlor Park for tennis players, Mr. Tiffany submitted that a new restroom facility would cost over $4,000, and if uncontrolled, would require a great deal of maintenance and cleaning. To furnish facilities, at least to tennis players immediately, he submitted that keys to the existing facilities in the Community Building be furnished upon request, and that they be stamped, lido not duplicate". Motion was made by Mayor Smoak, seconded by Councilman Hone and carried that Cit Mana er Tiffan be authorized to issue ke s u on re uest to use the restroom acilities at Kehlor Park and to investi ate the cost and resent to the Counc 1 n his bud et resentation a lan to construct ermanent accessible acil t es at the tennis courts at Kehlor Park which would be open to the publ c at all t meso Inasmuch as the existing facilities are an ntegral part of the Community Building, and have openings into the equipment and club room, it was the suggestion of Councilman Byrd that provisions be made whereby these entrances would only be accessible to those members of the Recreation Club that use the bu i1 ding. CUP REQUEST City Manager Tiffany reported on a request by Elder L. C. Lyons for a Conditional Use Permit to allow use of an existing building at 431 West Highway 50 for a church; That the P & Z Commission in Public Hearing on July 5th had recommended unanimously that the request be approved subject to the following conditions: 1) A parking layout be submitted for approval by city staff, and if inadequate, submission of written permission assuring adequate parking space on adjacent lots; 2) As a part of the parking layout, a traffic flow pattern be developed and approved by the staff to ensure safe egress and ingress on Highway 50; 3) That all applicable regulations and ordinances be met; 4) That the use not be expanded except with a Conditional Use Permit; and, 5: That all the above conditions be met prior to the issuance of a Certificate of Occupancy. Mayor Smoak opined that the anticipated traffic flow on State Road 50 that will result within the very near future when the sand mine immediately west of the City is re- opened, would create a dangerous ingress and egress situation to the church, and he thereu on moved that the conditions as set forth b the P & Z Commission be amended to strictly prohibit ingress and egress rom State Road 50. The motion was seconded by Councilman Honey and carried. RESOLUTIONS ORDINANCES Councilman Hone offered and moved the ado tion of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 2 - 1 OF ARTICLE IX OF APPENDIX A OF THE CODE OF ORDINANCES: PROVIDING FOR FRONT YARD SETBACKS FOR DWELLINGS, and the motion was seconded b Councilman Cole. The Ordinance was read or a second and inal read ng by City Clerk Carroll y title only, and upon roll e e e e CITY OF CLERMONT MINUTES call vote on passage of the motion the result was: Honey, and Smoak. Total Ayes: Five. Nayes: None. and the Number l78-C assigned to it. Ayes: Cole, Schroedel, Byrd, So the Ordinance was adopted A proposed Ordinance providing restrictions for residential districts was reviewed at length by Council. Motion was made by Councilman .Byrd, and seconded by Council- man Schroedel that the following amendment be made to the proposed Ordinance: SECT! ON 2. Pro ert ad.acent to S.R. 50 and U. S. 27 shall maintain a fift 50 foot setback line from the highway right-of-way. The setback on all other streets shall be THIRTY-FIVE (35) FEET. Upon roll call vote on passage of the motion, the result was: Ayes: Schroedel, Byrd, and Smoak. Total Ayes: Three. Nayes: Cole and Honey. Total Nayes: Two. The motion carried. Councilman Schroedel thereupon introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT; PROVIDING RESTRICTIONS FOR RESIDENTIAL DISTRICTS, and the Ordinance was read for a first reading by City Clerk Carroll by title only. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:00 P.M. iliMd:1 &:u4fP" DOLORES W. CARROLL - CITY CLERK