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12-12-1978 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, December 12, 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, Cole, and Smoak. Other officials present were: City Manager Tiffany, City Attorney Baird, Finance Director Sanchez, Building Official Nagel, and Chief of Police Tyndal. Others present were: Mesdames Smith, Jones, and Cook; Mr. & Mrs. Bob Ray; Reverend & Mrs. W. M. Peeler; Messrs. Wertz, Jackson, Czech, Sargent, Sokol, Searles, and Wilcox. The invocation was offered by Reverend W. M. Peeler, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on November 28, 1978 and of the Special Meetings held on December 4, 1978, December 6, 1978, and December 7, 1978 were approved as written. PUBLIC HEARINGS City Council, sitting as a Board of Adjustment, considered a request of Reverend W. M. Peeler for a Variance to Sec~ion 26-21 (E)(2)(3) R-1 URBAN RESIDENTIAL DISTRICT - SIDE YARD AND REAR YARD SETBACKS and Section 26-19 (B)(2) R1 AA - RESIDENTIAL ESTATES - PER- MITTED USES of the Zoning Ordinance in order to construct an accessory building on his property described as Lots 17 and 19, Block 108, Indian Hills Subdivision (corner of 11th and Chestnut Streets). Reverend Peeler appeared before Council in support of his request advising of his desire to construct the accessory building prior to the construc- tion of his residence; That the building materials he has purchased cannot be stored in a smaller building; That he will be commuting while building his residence and must have a safe place for their storage that can be locked and secured; and That in order to construct a building of this size he would penetrate the rear yard setback by 18 feet. Mr. Buchanan, Mr. Roberts, Mr. & Mrs. Wilson, and Mr. & Mrs. Keen, abutting property owners to Mr. Peeler, notified Council, in writing, of their support of the variance, and following inquiry from the Chair, there was no one present who voiced objection. Motion was made by Councilman Smoak, seconded by Councilman Cole and carried that the request be granted. VISITORS WITH BUSINESS Mr. Jimmy Lee Jackson appeared before Council at the request of Mrs. Esther Lou Dority to seek assistance in the rezoning of property on East Montrose Street in order to re- retablish her business, the Kozy Kastle, and to seek the cooperation of Council in relieving the no parking restrictions on East Montrose Street, which are having an effect on his business establishment, and which in his opinion, were not caused by patrons of his establishment but by the loading/unloading of school buses and citrus crew buses. With regards rezoning Mr. Jackson was requested to advise Mrs. Dority to contact City Manager Tiffany to obtain the necessary forms and procedures to follow for rezoning requests. With regards parking on East Montrose Street, City Manager Tiffany advised that numerous complaints had been received from property owners in the area concerning their inability to obtain access to their properties due to the traffic congestion on the street during several hours of the day, and that it concerned the City because ambulance and fire equipment could not quickly penetrate the area if the need were to arise. Following considerable discussion of problems created and solutions for same, it was the suggestion of Mayor Byrd that City Manager Tiffany, Chief Tyndal, and Councilman Cole study the problems and possible solutions for report back to Council. Mr. John Sokol appeared before the Council to seek clarification of an ordinance providing for straw ballots and initiatives wherein a petition can be made to make Council action mandatory, and to seek written procedures to follow for the initiation of the petition. It was the opinion of Mr. Sokol that the Ordinance provides no explaination for these types of petitions. It was the consensus of the Council that any citizen can petition a change in the City Charter, the framework of the City, and that it would be binding on . e e . CITY OF CLERMONT MINUTES the City Council if it was passed at a referrendum, and that the State Constitution provides procedures for these petitions. CITY ELECTION Mayor Byrd reported that 955 ballots were cast in the General City Election held December 5, 1978, and wished to express his appreciation to all citizens who voted, to express his congradulations to those persons elected to the Council and to those candidates in the General Election Run-Off to be held December 19, 1978. COOPER MEMORIAL LIBRARY Councilman Schroedel, liaison representative to the Library, reported that the Library will be closed on December 23rd and 25th for the holidays, that the Library had recently purchased a movie projector and are offering it to responsible persons/groups for the showing of films of Clermont in past years; and That they have a new service wherein jigsaw puzzles can be aheGked out like books. CHRISTMAS PARADE It was the suggestion of Councilman Honey, and Council was in agreement that written appreciation be extended to Mr. & Mrs. William Delaney for their work and leadership in making the recent Clermont Christmas Parade possible, and also convey their appreciation to the VFW for the flags that were placed along East Avenue. GREEN SWAMP Councilman Smoak reported that he had attended a meeting of the Lake County Legislative Delegation concerning Green Swamp and that he had asked the Legislative Delegation to investigate changing the boundaries of the Green Swamp delineated area of critical state concern to exclude the City area of influence as outlined by the City in the City and County Comprehensive Plans, and; That bhe delegation was effective in getting a rider attached to the bill which states that an ad hoc committee would be formed from both the House and Senate. He further asked that citizens write to the Speaker of the House, Mr. Hyatt Brown, and request that a member of the Lake and Polk County Delegations be appointed to that committee. SIDEWALK MASTER PLAN City Manager Tiffany presented the recommendation of the P&Z Safety Committee regarding sidewalks as originally submitted to the City Council on December 20, 1977. He advised that the highest priority sidewalk (DeSoto from East Avenue to School Street) had been constructed at a cost of $7.93 per foot; That at their December meeting, the P&Z Com- missioners unanimously recommended that the sidewalk master plan be officially "adopted, funded, and implemented"; That there is approximately $500 remaining in the current budget for sidewalk construction appropriation; and That to construct the next priority segment, Bloxam Avenue from SRSO to Highland, would require Council authorization to spend approxi- mately $1,000 additional. Planning & Zoning Commission Chairman Ray appeared before Council to adivse that con- siderable study and time was extended toward this plan, and it was desirous of the Commission for Council to give the plan a "stamp of approval" and proceed with sidewalk construction. Following considerable discussion concerning funding, implementation, and priorities motion was made by Mayor Byrd, seconded by Councilman Cole and carried that the Sidewalk Master Plan as prepared by the P&Z Safety Committee, be accepted as a workable document, to be updated and amended in house annually; That construction of the next highest priority sidewalk be authorized; and, That the City staff further study the plan to assign priorlti~~ monies available and anticipated. and alternative methods of funding for report back to Council. . e e . CITY OF CLERMONT MINUTES CITY ENTRANCE LANDSCAPING City Manager Tiffany presented a proposed landscape and sign plan for the major City entrances on Highways 50 and 27. He advised that the landscape-signing treatment would replace the large painted entrance signs; That installation of the US27 north and south and SRSO east entrances would be completed first, followed by SRSO west when highway construction is complete; That the estimated cost for each entrance would be $550; and recommended that the plan be accepted and authorized. Motion was made by Councilman Smoak, seconded by Councilman Honey and carried that the City Manager's recommendation be accepted. APPOINTMENT OF INTERIM CITY MANAGER Motion was made by Councilman Smoak, seconded by Councilman Honey and carried that Thomas A. Sanchez, Finance Director, be appointed as interim acting city manager effective at the close of business on December 29, 1978. DOT MAINTENANCE AGREEMENT AND RESOLUTION Mayor Byrd presented a Department of Transportation Maintenance Agreement and Resolution for the proposed flashing beacon at the SRSO/SRS61 intersection. Motion was made by Councilman Smoak, seconded by Councilman Honey and carried to decline approval of the maintenance agreement and resolution at this time, and requested that further traffic surveys of the intersection be made during the most heavily trafficked months of the year, January through March; That the Council be furnished with results of counts so far made and with the criteria used to determine warrants for full signalization of this intersection. It was the consensus of Council that the present elevation of the inter- section causes much local traffic to avoid crossing SR50 at SR561, and after elevation is corrected during construction, a significant increase in traffic using this route is expected, thus warranting full signalization. LITTERING It was the recommendation of Councilman Smoak and Council was in agreement that the City Attorney investigate and report the city's ordinance concerning littering and the authorities given to the Police Department for enforcement of the ordinance. SRSO - TRAFFIC LIGHTS AND SPEED LIMITS It was the recommendation of Councilman Smoak and Council was in agreement that the City Manager investigate and communicate with the DOT to synchronize the traffic control lights on SR50. City Manager Tiffany reported that the signals had not yet been accepted by the State and that there now exists a differential in speed limits through the City. It was further recommended that the City Manager communicate with DOT to consider a uniform speed of 40 MPH through Clermont. ZONING PROPOSALS City Manager Tiffany presented the following memos to Council as a status report on the Planning and Zoning Commission's work: (1) "Rezoning Proposals", (2) "Proposed Zoning Amendment Changes", and (3) "Criteria for Rezonings", and advised that the "Proposed Zoning Amendment Changes" were submitted as a unanimous Commission recommendation after many months of study. P&Z Chairman Ray appeared before the Council and explained a map showing 30 key areas that are proposed for rezoning consideration and reasoning behind these proposals. She further reported that recommendations made on the map are not based on the current zoning regu- lations, but are based instead on the "Proposed Zoning Amendment Changes" draft. Following presentation and discussion, Mayor Byrd called a joint City Council/Planning and Zoning Commission work session to be held following the regular P&Z meeting to be held Tuesday, January 2, 1979 at 7:30 P.M. in the Council Chambers in order to further discuss the proposed zoning ordinance changes. . e e . CITY OF CLERMONT MINUTES SPECIAL MEETINGS Mayor Byrd called a Special Meeting of the City Council to be held in the office of the City Manager on Monday, December 18, 1978 at 5:00 P.M. to prepare the Ballot Box for the General Election Run-Off to be held on December 19th. Mayor Byrd called a Special Meeting of the City Council to be held in the office of the City Manager on Wednesday, December 20, 1978 at 10:00 A.M. to canvass the ballot of the General Election Run-Off and declare the Results. HIGHWAY 50 It was the recommendation of Mayor Byrd and Council was in agreement that the City Manager communicate with DOT concerning the following traffic hazards on SR50: 1) The northbound traffic on Fifth Street approaching the new left turn lane at SRSO cannot see the arrow marking the turn lane until it is too late to change lanes. A second painted turn arrow is suggested; 2) The new center line on East Avenue north of SRSO appears to be closer than necessary to the east side of the road; and, 3) The southbound traffic crossing SRSO on East Avenue is forced by the new curb on the southwest radius to merge toward the center of East Avenue too quickly. ORDINANCES/RESOLUTIONS Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF ALMOND STREET DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 4. PAGE 1. PUBLIC RECORDS OF LAKE COUNTY, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Honey. The Ordinance was read for a second and final reading by Deputy Clerk Smith, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Cole, Schroedel, Smoak, Byrd, and Honey. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number of 114-M assigned to it. Councilman Honey offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO USE AN EXISTING BUILDING FOR THE SALE OF USED CARS and the motion was seconded by Councilman Schroedel. The proposed Resolution was read in its entirety by Deputy Clerk Smith. It was the suggestion of Councilman Smoak, and he thereupon moved. that the Council amend the proposed Resolution to include, as conditions, the statements made by Mr. Razz H. Bowen, the CUP applicant, as contained in the Minutes of November 28, 1978, concerning improvements to the property, and that they be made a part of the Resolution. The motion was seconded by Councilman Honey and carried. Motion was then made by Councilman Smoak, seconded by Councilman Cole and carried that the City Manager communicate with specific outlines for improvements as requested at the November 28th City Council meeting and that further discussion be tabled until the next regular meeting. REPAIR CLAIM Councilman Smoak presented a November 30, 1978 letter from Mr. Horace C. Mann regarding a repair bill for $80.60 for repair of his automatic ice maker. Mr. Mann advised damages to his ice maker resulted from the varying water pressures. City Manager Tiffany reported that the claim had been referred to the cityls insurance carrier for review. It was the recommendation of Council that all facts as reported by Mr. Mann in his November 30 letter be investigated and that Mr. Mann be so notified. - e e e CITY OF CLERMONT MINUTES There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Byrd at 10:10 P.M. I ACT G MAYOR CARLISLE A. BYRD, JR. <U0Jn Q~) DEPUTY CLERK JAN SMITH