05-26-1987 Regular Meeting
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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
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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.
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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
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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.
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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
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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.
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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.
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Attest:
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J p . Van Z ., City
Clerk
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