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04-28-1987 Regular Meeting e - REGULAR COUNCIL MEETING April 28, 1987 The Regular Meeting of the Clermont City Council was held Tuesday, April 28, 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 Dupee, Council Member Cole, and Council Member Huff. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Perlick 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 April 14, 1987 meeting were approved as presented. REPORTS CITY MANAGER'S REPORT SEMINOLE PARK The Council was reminded that the dedication ceremony for Seminole Park would be held Saturday, May 2, 1987, at 9:00 a.m. SEAWALL PERMIT - JAYCEE BEACH The Council was informed that after more than two years, the City had finally obtained a permit from the Department of Natural Resources to build a seawall at Jaycee Beach. After a cost estimate to build the seawall is obtained, the matter will be brought back before Council. SUPPORT FOR RESOLUTION H548 It was reported that Representative Everett Kelly, the Lake County League of Cities and the ECFRPC had indicated their support of the City's Resolution H548 recommending that the headwaters of the Palatlakaha River remain under the jurisdiction of the St. Johns River Water Management District. LAKE APOPKA RESTORATION PROJECT - LAND EXCHANGE PROPOSAL City Manager Saunders stated that he had been contacted by Mayor Bill Boyd of Mount Dora asking the City's support of the land exchange pro- gram for the restoration of Lake Apopka. Mucklands surrounding Lake Apopka would be exchanged for state-owned muck lands located in the Lake Okeechobee area. The land around Lake Apopka would then be turned into a large marsh zone that would allow for the establishment of beneficial aquatic vegetation and increased fish populations. Mr. Saunders then asked the Council if it wished to support such a program. Based upon the information presented, a lengthy discussion ensued. The Council was reluctant to directly support the land exchange program because there were no assurances that the same types of problems Lake Apopka is experiencing would not be perpetuated by farming operations in the Lake Okeechobee area. City Manager Saunders pointed out that 8,000 acres on Lake Apopka would be exchanged for land located in the 600,000 acre Everglades Agricultural Area, which is presently being farmed. It was the consensus of Council that the State should enforce existing regulations and stop granting variances in order to stop farmers from polluting any lake. e e REGULAR COUNCIL MEETING April 28, 1987 Page -2- Mayor Pool agreed with this position, but also asked if it would not be better to swap the Lake Apopka land and have it turned into marsh land, considering that the swap would take place in an area in the Everglades already being heavily farmed. Mayor Pool then asked how many cities currently supported the proposed land exchange program. Although the exact figure was unknown, several Lake County cities and other agencies have supported the proposal. He then expressed his concern that if Clermont did not support the proposal in some manner, other governmental agencies would not reciprocate with their support in the future. City Attorney Baird stated that the City could word its respose to this proposal in such a manner as to support both viewpoints presented. We should let the state know that we don't approve of the non-enforce- ment or continued variances being granted to all farmers each year, and also word it to add that this type of direction is something we want to start looking at in terms of Lake Apopka improvements which would be of benefit to all of us. 87-085 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED DIRECTING CITY ATTORNEY BAIRD TO DRAFT A LETTER EXPRESSING THE CITY'S VIEWS, CONCERNS AND ATTITUDE TOWARD THOSE RESPONSIBLE FOR POLLUTING OUR LAKES BY FARM- ING TECHNIQUES WHICH THE STATE REFUSES TO ENFORCE, AND IF THEY THINK THE LAND SWAP IS FEASIBLE AND THE STATE:' MANDATES WILL BE ENFORCED WHEN THE SWAP IS MADE, THEN WE WILL SUPPORT THE LAND EXCHANGE PROPOSAL AT THAT TIME. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY It was reported that the library had received $7,778 from the State and $11,446.12 from the County for a total of $19,234.12 in grant money. SINGLE MEMBER DISTRICTS It was reported that Council Member Dupee had been contacted by County Commissioner Claude Smoak concerning discussion of the ramifications of single-member voting districts at next Tuesday's County Commission meeting. SOUTH LAKE COUNTY DEVELOPMENT COUNCIL It was reported that the Council would meet at NCNB at 7:00 p.m. on Thursday night. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL A public hearing for final input into the regional Comprehensive Plan will be held on Monday, June 16, 1987. Mrs. Dupee further reported that there was a problem with semantics in the section regarding Agricultural Lands which would have to be worked out, and that it was the intent to make agricultural uses a part of everyone's Comprehensive Plan. City Manager Saunders stated that he had discussed this with Jeff Jones of the ECFRPC, and he indicated that he had received considerable input regarding this section and in all likelyhood, it would be completely rewritten. City Attorney Baird stated that the intent should be put in black and white, if not, it gets interpreted differently after passage. - e e REGULAR COUNCIL MEETING April 28, 1987 Page -3- COUNCIL MEMBER HUFF'S REPORT HAY WAGON FOR CENTENNIAL PARADE Council member Huff stated that he would have a hay wagon by the end of the week for the City's Centennial float. MAYOR POOL'S REPORT CENTENNIAL FILM Mayor Pool expressed his consternation over the fact that he had viewed a twenty minute film on Lake County and there was nothing mentioned about Clermont in the film. TRACK TEAM Mayor Pool congratulated the Clermont Track Team for its eleventh District Championship. NILSA WHITEHEAD'S REPORT PARKS AND RECREATION COMMISSION Mrs. Whitehead requested that Robert A. Pool, Jr. be appointed to the Parks and Recreation Commission becuase of his work with the the downtown beautification and Seminole Park projects. Mayor Pool then appointed his son to the Parks and Recreation Commission. ALCOHOLIC BEVERAGE WARNING POSTERS It was reported that the distribution and display of the warning posters had received 99% cooperation from the merchants of Clermont. FUN FESTIVAL It was reported that the Fun Festival was being planned for the first Saturday in May of 1988. CHILDREN AT PLAY SIGNS Mrs. Whitehead requested that "Children Playing" signs be placed at the Seminole and Chestnut Street Parks. City Saunders stated that he would take care of this matter. SEMINOLE PARK DEDICATION Mrs. Whitehead also invited those present to the dedication of Seminole Park. VISITORS WITH BUSINESS KATHY ASMANN - SOUTH LAKE YMCA It was reported that the YMCA has one option period remaining for the lease of the old library building located at 630 West DeSoto Street. The lease option period runs from May 1, 1987 to April 30, 1988. Mrs. Asmann appeared before Council requesting that the lease amount remain at $101 per month for the final option period. She also requested use of the Highlander Hut for the YMCA Summer Day Camp, at a fee of $10 per week for a period of eight weeks. e e REGULAR COUNCIL MEETING April 28, 1987 Page -4- 87-086' A MOTION WAS SMADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO CONTINUE THE LEASE WITH THE YMCA FOR THE OLD LIBRARY BUILDING LOCATED AT 630 WEST DESOTO STREET FOR A PERIOD OF ONE YEAR BEGINNING MAY, AT A FEE OF PER MONTH. THE YMCA WAS LSO GIVEN PERMI ION TO USE THE HIGHLANDER HUT FOR EIGHT WEEK OF SUMMER DAY CAMP AT A FEE OF $lO PER WEEK. MIKE HOSKINSON - REQUEST FOR VARIANCES TO THE SIGN ORDINANCE It was reported that Mr. Hoskinson was requesting two variances to the sign ordinance in order to install a barber pole at his new location on Minneola Street. Under the City's sign ordinance a barber pole is considered a projecting sign and must be placed not less than 8' above ground level. The requests are to place the barber pole 5' above grade and to allow a rotating sign. It was pointed out that the same variances had been granted when Mr. Hoskinson opened his shop on Montrose Street. 87-087 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE RE~UESTS TO ALLOW THE ROTATING BARBER POLE TO BE PLACED FIVE FEET BOVE GRADE. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 182-M City Manager Saunders explained that this ordinance was introduced at the first meeting in February and includes three amendments to the City's Future Land Use District Map and criteria of the City's Compre- hensive Plan. ITEM HI. Mr. Saunders further explained that Item HI of the Ordinance is being requested by J.E. Holland of Holland and Associates, Inc. The request is to add as permitted uses for District UD-5, nursing facilities, pro- fessional offices, and retail businesses. An increase in density to 12 units per acre was also requested. The Planning and Zoning Commission and the Staff recommended approval of this amendment, but only as part of a Planned Unit Development. The recommended wording for this amendment was then read, and is as follows: 1. Add as permitted Land Uses for District UD-5: A. Nursing home facilities, professional offices and retail businesses, as a Planned Unit Development only. B. New residential development will be limited to a maximum of eight (8) dwelling units per acre, except under a Planned Unit Development, when an increase of up to twelve (12) units an acre could be considered. Mayor Pool then called for comments from those present, and no one spoke for or against the proposed amendment. Under Council discussion, it was the consensus that the higher density be considered only under a Planned Unit Development. e e REGULAR COUNCIL MEETING April 28, 1987 Page -5- 87-088 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO LEAVE ITEMIl IN THE ORDI- NANCE AS PRESENTED. ITEM H2. Mr. Saunders explained that Item H2 would change the east side of East Avenue, south to and including Lot 18, Block 9, Sunnyside Unit and north to Highway 50 from Land Use District ERD-2 to Land Use District NED-3, in order to allow professional offices in the area under R-3 zoning. This amendment was recommended for approval by the Planning and Zoning Commission during previous revision of the Comprehensive Plan, but was not approved by Council. It was pointed out that the only possible drawback to allowing this change would be opening the strip to the possibility of a request to rezone the property to C-l, whereas now it can only be residential. Mayor Pool called for comments from those present in the audience, and Mrs. Pat (Don) McCaffrey spoke in favor of the request. The McCaffreys own the two lots closest to Highway 50, which are presently zoned R-3. Mrs. McCaffrey stated that she doubted, if the request was not approved, that the lots could ever be developed as residential at that location. Council Member Turville questioned the access from the property if it were developed as professional offices, and stated his concern over this type of development. He also asked how much frontage there was on Highway 50 and East Avenue. Mrs. McCaffrey stated that there was 75' on East Avenue and 140' on Highway 50, and that a curb cut had been placed on East Avenue by the Department of Transportation. Council Member Turville then asked how far this curb cut was from the corner, and City Manager Saunders stated that it was approximately 30' to 35' south of the intersection. Mr. Turville reiterated his concern over the traffic problems which could be caused by this type of develop- ment. It was explained that the driveway for the office building located on the southwest corner of Bowman Street and Highway 50 was only 40' from Highway 50, and there were no apparent traffic problems at this location. Council Member Huff pointed out that East Avenue was wider than Bowman Street, which would be a definite advantage. Mrs. McCaffrey concluded by stating that if the requested change was not made, it would tie their (the McCaffreys) hands for future development of the property. Mayor Pool stated that he had been contacted by Mr. Holloway who owns property adjacent to the McCaffreys, and he had expressed his concern that he might not be able to sell his property if the property were changed from R-3. Council Member Turville stated that he was opposed to the change because of increased traffic on East Avenue. 87-089 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY, TO LEAVE ITEM 12 IN THE ORDINANCE AS STATED. e e REGULAR COUNCIL MEETING April 28, 1987 Page -6- ITEM H3. City Manager Saunders explained that Item H3 was a Staff recommended amendment which would add retail trade as a permitted use in District NED-3. NED-3 includes the C-l area along Highway 50 from East Avenue to Sunset Lake. Most likely, retail trade was omitted when the ori- ginal Comprehensive Plan was typed, and should be permitted in this area. Mayor Pool called for comments from those present, and no one spoke for or against the proposed amendment. Mr. Arthur Everly asked that the amendment be considered at a later date, and offered suggestions that access to parcels between Fifth and Sixth Streets and East Avenue and Eighth Streets on the south side of Highway 50 be limited to the rear of the properties, in order to limit traffic entering and exiting from Highway 50. 87-090 There being no further discussion of this proposed amendment, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO LEAVE ITEM 13 IN THE ORDINANCE AS STATED. Dealing with this subject, it was mentioned that the State of Florida Department of Community Affairs and the East Central Florida Regional Planning Council had reviewed the proposed amendments and stated no objections to or conflicts with regional goals or statutory requirements. 87-091 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l82-M AS PRESENTED. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. NEW BUSINESS RESOLUTION NO. 551 It was explained that this Resolution amends Resolution H40l concerning fees for impounded animals. The only change is the charge for a rabies vaccination- which has increased from $7 to $8. 87-092 After a brief discussion of animal impoundment procedures, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 155l. INTRODUCTION OF ORDINANCE 25l-C - AMENDING CHAPTER 23, TRAFFIC City Manager Saunders explained that this ordinance would amend the City's parking violation ordinance to provide for the enforcement of non-paid tickets through the Traffic Violations Bureau of the County Court. Previously, a warrant had to be issued for a person's arrest if a parking ticket was ignored. This change will facilitate the collection system and provide for an appeal process through the County Court. Along the same lines, City Manager Saunders announced that the clarification and conversion of the City's ticket books was taking place in order to allow for the issuance of tickets to those parking in handicapped parking spaces in our local shopping centers, and should be complete next week. The fine for this type of violation will be $25. 87-093 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 25l-C. e e REGULAR COUNCIL MEETING April 28, 1987 Page -7- BUDGET AMENDMENT It was explained by City Manager Saunders that due to increased reporting requirements mandated by the State for the City's annual audit and the additional schedules prepared and included in the annual audit, the auditors have requested a a $2,000 increase in the audit fee for this year. Mr. Saunders recommended approval of the request because of the additional mandated requirements and the fact that the auditors make themselves available for consultation throughout the year at no additional charge. 87-094 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO PPROVE THE BUDGET AMENDMENT IN THE OUNT OF , WITH MONEY COMEING FROM GENERAL FUND RE ERVE TO THE FINANCE DEPARTMENT BUDGET. SURPLUS EQUIPMENT It was explained that following equipment should be declared surplus and included in the upcoming Leesburg City Auction: Forney Welder Model F230 1979 Dodge Truck D14AN95l70654 1979 Dodge Truck D14AN95l70653 1973 GMC Truck TAX143A5f0162 NCR Cash Register Model 2140 It was also requested that a 1984 Dodge Diplomat which had been used as a patrol car and was involved in an accident be declared surplus so that it could be put up for bids as spare parts. The car was so badly damaged that it could not be repaired. 87-095 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DECLARE THOSE ITEMS LISTED ABOVE SURPLUS AND PLACED IN THE LEES BURG AUCTION, EXCEPT THE 1984 DODGE DIPLOMAT WHICH WILL BE ADVERTISED FOR BIDS. CHANGE ORDER H3 This matter had been previously tabled in order to allow further investigation of Item H4, which listed additional pipe and fittings at $22,000. City Manager Saunders explained that Change Order H3 includes five changes which result in a net increase of $10,765 to the contract for the Sewage Treatment Plant expansion. Each of the five changes were explained in detail, and it was pointed out that Item H4 had been decreased from $22,000 to $16,000. City Manager Saunders then asked Finance Director Van Zile for an update on the total contract for this project. Mr. Van Zile reported that originally the City's share of the project costs was $79,000. However, this figure now stands at approximately $27,000 due to an increase in our EPA grant of $65,000 and a net increase in project costs of $13,000. Presently, total project costs stand at $l,976,000, if Change Order H3 is accepted. Funding for the project is coming from an EPA Grant in the amount of $1,063,000 (includes EPA grant amendment of $65,000) and a FmHA bond in the amount of $885,900 for a total of $1,948,900 to complete the project. e e REGULAR COUNCIL MEETING April 28, 1987 Page -8- In conclusion, Mr. Saunders explained that the increase in grant money had come from Innovative Technology Funds, with Springstead Engineering, Inc. incorporating innovative technology into the project. 87-096 There being no more discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDER #3 AS PRESENTED, RESULTING IN A NET INCREASE IN CONTRACT PRICE OF $10,765. PUBLIC COMMENTS TRAFFIC PROBLEMS ON BROGDEN DRIVE Vernon Jensen and Marcella Peper appeared before Council to ask if something could be done to restrict truck traffic on Brogden Drive. They commented that garbage falls from trucks and litters their yards and in general most trucks exceed the speed limit. Council Member Huff stated that when Lakeview Hills was subdivided, Brogden Drive was built wider to be an arterial road to take traffic from Hook Street. Much discussion ensued concerning the problems mentioned. Although truck traffic cannot be restricted, if the name of the company littering is noted, they can be asked to pick up what is dropped. As for traffic enforcement, City Manager Saunders stated that he would look into this matter. There being no further business or discussion, the meeting adjourned at 9:00 p.m. ~ ~ //~ Ro er A. Poo -, Mayor Attest: ~4ar;t. City Clerk