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05-26-1987 Regular Meeting e e REGULAR COUNCIL MEETING May 26, 1987 The Regular Meeting of the Clermont City Council was held Tuesday, May 26, 1987 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Huff, Council Member Cole, and Council Member Dupee. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held May 12, 1987 were approved as presented. REPORTS CITY MANAGER'S REPORT LAKE COUNTY WATER AUTHORITY It was reported that the Lake County Water Authority would hold its monthly meeting on Wednesday, May 27, 1987, at 5:30 p.m. in Tavares, if anyone wished to attend. CODE BOOK UPDATE The Council was reminded to bring thier Code Books to City Hall so they could be updated with the latest supplement. DEPARTMENT OF TRANSPORTATION It was reported that the City had received correspondence from Mr. Gilhooley, District Director of the Department of Transportation, stating that their traffic studies indicate that the City's request to lower the speed limit on Highway 27 from 55 m.p.h. to 45 m.p.h. was not warranted. Also, the DOT has supplied warning signs for the intersection of Highway 50 and Grand Highway, but has not placed lane striping on the highway. Mayor Pool stated that he wanted the lanes striped to prevent traffic from turning into the wrong lane, and asked if the City could go ahead and stripe the intersection. Some discussion ensued concerning the City's liability if the striping did not meet State standards and an accident occurred. City Attorney Baird advised the City to obtain standards and specifications for the striping from the DOT before any such project was undertaken. After some further discussion, City Manager Saunders stated that he would contact the DOT District Office again to see if something' could be done, if not he would take the requests to a higher office within the DOT. LAKEVIEW HILLS SUBDIVISION - PHASES II & III It was reported that a contractor had requested zoning clearance for the construction of a home in Lakeview Hills Subdivision Phase II. Zoning clearance was denied because the improvements in the subdi- vision have not received final approval, and have not been accepted e e REGULAR COUNCIL MEETING May 26, 1987 Page -2- into the City system by the Council. Subsequently, the contractor has asked for a variance from this requirement. City Manager Saunders then cited the City's ordinance concerning this matter, and stated that no construction could begin until all improvements in the subdivision were completed. At this time, the developer must repair a broken sewer line and complete the fitness trail. After a brief discussion, it was the consensus of Council that the developer should finish what has to be done, so that final approval may be granted. Until the work is completed, no homes may be constructed in Phases II and III. JENKINS AUDITORIUM ACOUSTICAL WALL TREATMENT City Manager Saunders stated that he had obtained four quotes for the acoustical wall treatment to be installed in Jenkins Auditorium. A sample of the tile was then shown the Council, and tile with a noise reduction coefficient of 90-95 at a cost of approximately $3,500 was the suggested choice. A noise reduction coefficient of 80 to 85 had been recommended by Dave T~omas, the City's consultant for the project, and in obtaining the quotes it was found that tiles having a 70 to 75 coefficient could be purchased for approximately $2,500. City Manager Saunders asked the Council what color they wanted for the tile, and it was left up to the discretion of the City Manager, with a neutral color preferred. 87-110 After a brief discussion of the merits of each type of tile and the varying costs, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO PURCHASE THE TILE WITH A 90 TO 95 NOISE REDUCTION COEFFICIENT AT A COST OF APPROXI- MATELY $3,500. Mayor Pool asked when the project would begin, and City Manager Saunders stated that it should be in progress by the end of the week. FINANCE DIRECTOR VAN ZILE'S REPORT NCR CASH REGISTER It was reported that the City had sold its old NCR cash register to the Okeechobee Clerk of the Circuit Court for $1,000. INSURANCE POLICY It was reported that the City had obtained an Errors and Omissions Insurance Policy through the League of Cities. COUNCIL MEMBER DUPEE'S REPORT Mrs. Dupee reported that she had attended the Lake County League of Cities Board of Directors' Meeting, and stated that discussion had occurred concerning the League's desire to support legislation asking the State to waive the 5% service tax on city construction. Concern was expressed that cities with multi-million dollar projects being financed would be hard pressed to find additional monies to pay sales taxes on contruction materials. - e e REGULAR COUNCIL MEETING May 26, 1987 Page -3- COUNCIL MEMBER COLE'S REPORT Council Member Cole asked if the City had an 11:00 curfew, and ' asked if it could be enforced. He stated that the neighborhood adjacent to the Junior High School was experiencing lots of noise from radios being played from car trunks late at night. City Manager Saunders stated that he would talk to the Chief of Police concerning this matter. MAYOR POOL'S REPORT PRESENTATION At this time, Mayor Pool called Nilsa (Cuqui) Whitehead to the podium and presented her with a painting by local artist, Janet Predmore, in recognition of her service to the community as an enthusiastic and hard-working member of the Parks and Recreation Commission. Mayor Pool, on behalf of the City and Council, thanked Mrs. Whitehead for the many hours of devoted service she has so generously given to the City. VISITORS WITH BUSINESS SOUTH LAKE YMCA Kathy Asmann appeared before Council to request a waiver of rental fees for the use of Jenkins Auditorium for the Summer Gymnastics Program sponsored by the YMCA. Mrs. Asmann explained that they had requested use of the Junior High School gym, but it was to be renovated this summer. Also, they could not use the High School gym because of scheduling conflicts with the basketball clinic held during the summer. The gymnastics program is scheduled for Mondays and Wednesdays from 4:00 p.m. to 9:00 p.m. from June 8 through July I and from July 13 through August 15. Council Member Huff asked how the fees the YMCA collected for the gymnastics class would be spent. Mrs. Asmann stated that they were used to pay the instructor, to pay for promotional materials, insurance, the local Director's salary, and a percentage went to the na'tional YMCA and metro YMCA, of which the South Lake YMCA is a branch. No money would be made for South Lake YMCA because presenting this program is a break even situation. 87-111 There being no further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ALLOW THE YMCA USE OF JENKINS AUDITORIUM FOR THE SUMMER GYMNASTICS PROGRAM AT NO COST. RUTH WARREN VARIANCE REQUEST Attorney Bill Stone, representing Mrs. Warren, appeared before Council to request a variance to the zoning ordinance for a 6' fence where 4' is allowed. Mr. Stone explained that the property is located directly east of the Rusty Fox's parking lot (1136 Montrose Street, Lots 4, 5 and 6, Block l21), and his client had experienced several instances where things were stolen from her laundryroom/carport area, and would like to fence the entire yard in 6' chain link fence to prevent this from happening. Under discussion it was explained that the City's ordinance allows 6' fence in the side and rear yards, but restricts fences to 4' from ~ e e REGULAR COUNCIL MEETING May 26, 1987 Page -4- the front setback line to the front property line. After some further discussion, i.t was the consensus of Council, although sympathetic to Mrs. Warren's concerns, that they did not feel the additional two feet of fence in the front yard would offer greater protection for Mrs. Warren than the four foot fence which would be allowed without a variance. 87-112 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY THE VARIANCE REQUEST. UNFINISHED BUSINESS CLERMONT CHURCH OF CHRIST - RESOLUTION H552 CONDITIONAL USE PERMIT City Manager Saunders explained that the Church was requesting a Conditional Use Permit to establish a Church on Grand Highway in an R-l zone, south of Hillside Avenue. It was reported that the Planning and Zoning Commission had recommended approval of the request with the conditions stated in Resolution H552. Condition Ill, which was added by the P & Z required dedication of additional right-of-way to provide a total of 100' of right-of-way along Grand Highway. During the May 12, 1987, Council Meeting, this item caused concern for the Church because of the additional 34' which would be needed to make the 100' right-of-way because the Church wished to purchase a full two acres from the seller. Mr. Saunders then stated that this matter had been discussed at a Workshop Meeting and it was decided that the section of Grand Highway west of Highway 27 should not be considered an arterial street requiring 100' of right-of-way. but a collector street requiring 80' of right-of-way. It is now being recommended that Condition HIl be amended to require 80'. Council Member Turville asked for clarification of Item 112 in Resolution H552. This item states that sidewalk is to be con- structed by the church when adjacent property is developed. City Manager Saunders stated that it was the intent of the P & Z that the sidewalk on the church property be installed when the property to the west is developed. Council Member Huff expressed his concern that 80' of right-of-way might not be enough five to twenty years from now. It was pointed out that 80' would accommodate four traffic lanes, plus turn lanes. 87-113 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER DUPEE TO ADOPT RESOLUTION 1552 AS AMENDED TO INCLUDE IN ITEM III OF THE CONDITIONAL USE PERMIT AN EIGHTY FOOT RIGHT-OF-WAY. Under discussion, Cecil Smart, who was present in the audience, expressed his concern that the sidewalks might be mismatched, and stated that he hoped the City would avoid such a situation. Wayne Guy, spokesman for the Church, asked if the present right-of-way in front of the proposed Church property was 60' or 66'. City Manager Saunders stated that both of these dimensions were given on City documents, and a survey would have to be made to definitely determine the correct measurement. Mayor Pool stated that with the 80' right-of-way listed in amended Item III of the Conditional Use Permit, the Church would have to give up between between 14' and 20' of property. e e REGULAR COUNCIL MEETING May 26, 1987 Page -5- Harold Roberts, who also was present in the audience, asked if the 80' right-of-way would be consistent all along Grand Highway, and Council Member Turville stated that it would be the same west to East Avenue. 87-114 Council Member Huff called for the question and THE MOTION TO ADOPT RESOLUTION H552 AS AMENDED CARRIED UNANIMOUSLY BY ROLL CALL VOTE. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. Mr. Guy again expressed concern over the 80' right-of-way. Mayor Pool informed him that he had 90 days to sign the Conditional Use Permit before it would become null and void, and by that time how much additional right-of-way would be needed might be determined. If, however, the Church decides not to sign the permit, it may reapply for another one with no waiting period. FINAL READING OF ORDINANCE 251-C - TRAFFIC City Manager Saunders explained that this ordinance would amend the City's parking violation ordinance to provide for the enforce- ment of non-paid tickets through the Traffic Violations Bureau of the County 'Court. Presently, if a parking ticket is ignored, a warrant must be requested for the person's arrest. This change will facilitate the collection system and provide for an appeal process through the County Court. Mayor Pool called for comments from those present in the audience. Nilsa Whitehead asked if any outstanding parking tickets would be noted when you went to purchase your license tag. City Attorney Baird stated that the outstanding tickets would be place in the State computer, and if you were stopped for a traffic violation, the officer would be made aware of the outstanding warrants. 87-115 There being no further discussion or questions, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE TO ADOPT ORDINANCE 25l-C AMENDING CHAPTER 23, TRAFFIC, TO PROVIDE FOR THE ENFORCEMENT OF NON-PAID VIOLATIONS THROUGH THE TRAFFIC VIOLATIONS BUREAU OF THE COUNTY COURT. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. NEW BUSINESS RESOLUTION H554 It was explained that the Florida League of Cities has requested that all cities support a one-cent Local Option Sales Tax without referendum to pay for state mandated programs such as the five year capital improvement program and to ensure provision for adequate infrastructure needs. Mayor Pool stated that he supported such a measure and had contacted his various legislators and the Governor's office personally support- ing such a sales tax. Much discussion ensued. of money received from a State guidelines for the Interlocal Agreement. Council Member Turville stated that he believed that the people should vote on such a sales tax. He also stated that he firmly believed that our City was unique in that if the City showed a definite need for additional revenue, the citizens of Clermont would vote in favor of it. Council Member Huff questioned the amount local option tax, and stated that the percentage could be changed by a City-County - e e REGULAR COUNCIL MEETING May 26, 1987 Page -6- The City Manager stated that the State mandated five year capital improvement plan, which requires showing how all improvements will be paid for, spurred the proposed resolution, and that most munici- palities were experiencing a General Fund area revenue crunch. 87-116 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE WITH MAYOR POOL VOTING NAY, TO DENY ADOPTING RESOLUTION 1554 SUPPORING THE ONE CENT LOCAL OPTION SALES TAX WITHOUT REFERENDUM. THE RESOLUTION WAS READ BY TITLE ONLY. INTRODUCTION OF ORDINANCE l84-M - CLARIFICATION AMENDMENT FOR CITY OF CLERMONT COMPREHENSIVE PLAN AND FUTURE LAND USE MAP Mayor Pool began this discussion by reading proposed Ordinance l84-M by title only. He then called for comments from City Attorney Baird and City Manager Saunders concerning the request. City Attorney Baird began his comments by explaining that State Law allows a City to amend its Comprehensive Plan twice a year. There is, however, a provision for correction to the plan which does not consti- tute an actual amendment. This ordinance would amend the language in Ordinance l79-M which amended the City of Clermont Comprehensive Plan. Ordinance 179-M Section I, Item 2 added certain permitted uses to District UD-4. A. E. Langley, owner of a large parcel in this area requested the original amendments, in writing, but now the developer states that his request was for zero lot line patio homes, and thought the amendment would allow for this type of construction. Mr. Baird went on to explain that there is language in our ordinance which prevents Mr. Langley from doing what he was originally proposing to do, and he, has requested a review of the language of the ordinance to see if it was really, in fact, what the Council wanted to do, or if it was an oversight on the Council's part. Mr. Langley has requested that the words "multi-family" be removed from the ordinance to to allow for construction of zero lot line patio homes. The present definition of "multi-family" refers to attached homes, whereas, patio homes are detached. Mr. Baird continued by stating that the City Staff is opposed to enactment of the proposed ordinance as a clarification because of the way the request was originally presented, with no mention of patio homes. Also, the. Department of Community Affairs has advised that the change requested by Mr. Langley would be amending the Com- prehensive Plan, and could not be done at this time because it does not fall under the category of a clarification procedure. In conclusion, Mr. Baird stated that he has taken the position that the Council, at this time, could correct the Comprehensive Plan if all Council Members agreed that a mistake was made. He advised that if there was no erroneous language in the ordinance, Ordinance l84-M should not be introduced. City Manager Saunders stated that language should be incorporated into the City's zoning ordinance to deal with zero lot line patio homes under the multi-family definition. This would allow Mr. Langley .the flexibility he needs and establish standards for future requests. e e REGULAR COUNCIL MEETING May 26, 1987 Page -7- Mr. Saunders also recommended that Ordinance l84-M not be introduced. He concluded by stating that the Comprehensive Plan should remain intact, and patio homes should be dealt with under the definition of "multi-family" in the zoning ordinance. Charlie True, an Engineer from McIntosh and Associates and working for Mr. Langley, then explained how a Planned Unit Development worked, and what Mr. Langley was trying to accomplish on his property. Mr. Baird stated that Mr. Langley would have to go through the PUD process in order to accomplish what he wished to do around Spring Lake with a density of 6 units per acre, and by the time the final PUD request was made, the zoning ordinance could be changed to con- tain standards for patio homes. Some further discussion ensued concerning the patio home concept, with Mr. True explaining it in great detail. Mayor Pool invited Mr. True to come to a Workshop to enlighten the Council further on the concept. 87-117 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOULSY CARRIED BY ROLL CALL VOTE TO DENY INTRODUCTION OF ORDINANCE 184-M. . City Manager Saunders stated that he would set up a Workshop to begin discussion of patio homes and changes to be made to the zoning ordinance. PUBLIC COMMENTS LAKEVIEW HILLS SUBDIVISION PHASES II AND III A gentleman, who did not state his name, asked why the people who bought lots and wanted to begin construction in Phase II of Lakeview Hills Subdivision were being penalized by not being allowed to begin construction of their homes. City Manager Saunders explained that Phases II and III Of the subdivision had not received final Council approval because the subdivision was incomplete at this time. The realtor who is selling the lots has been informed of the situation, and the developer has been repeatedly asked to repair a cracked sewer line and finish the Fit Trail. The City Subdivision Ordinance does not allow any permits for construction until the Council has accepted the improvements. The gentleman was advised to speak to his realtor and the developer. There being no further business or discussion, the meeting adjourned at 9:20 p.m. ~~oof~ Attest: ~6~ J p . Van Z ., City Clerk -