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03-14-1978 Regular Meeting . e e . MINUTES REGULAR MEETING NQ 1479 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, March 14, 1978. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilman Honey, Schroedel, Byrd, and Cole. Other officials present were: City Manager Tiffany, Finance Director Sanchez, Public Works Director Smythe, and Chief of Police Tyndal. Others present were: Miss Cathy Moore; Mesdames Smith, Moore, and Tillis; Messrs. Searles, Manning, Sargent, and Machias; Mr. & Mrs. Clint Hooten, Mr. & Mrs. Nelson Cleveland; Mr. & Mrs. Leroy Benson; and Mr. & Mrs. J. D. Fearing. Ramsey Campbell representative of the Sentinel/Star was also present. 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 February 28, 1978 were approved as written. PUBLIC HEARINGS Mayor Smoak announced that Council, sitting as a Board of Adjustment, would consider the request of Mrs. Winnie Moore for a Variance to Section 26-22{E){R2 MEDIUM DENSITY RESIDENTIAL DISTRICT - SETBACKS) of the Zoning Ordinance in order to construct a 101 x 20' utility building on her property described as the W~ of Lot 9, all of Lot 10, Block 1 of Sunset Heights Subdivision (198 Osceola). City Manager Tiffany advised that due to the irregular shape of the lot, a variance of 51 to the side yard setback and 201 in the rear yard setback would be necessary, and that written communication had been received from Ms. Caroline Robertson, an adjacent property owner, offering no objections to the request. Mrs. Moore appeared before the Council in support of her request stating it was her desire to construct the utility building in order to clean up and further enhance the apartments at this location. Following inquiry from the Chair as to any comments from the floor regarding the matter, and there being none, motion was made by Councilman Honey, seconded by Councilman Cole, and unanimously carried that the request be granted. Council sitting as a Board of Adjustment, considered the request of Mr. Nelson Cleveland for a Variance to Section 26-23 (E){2){R3 RESIDENTIAL PROFESSIONAL DISTRICT - SIDE YARD SETBACKS) of the Zoning Ordinance in order to construct a carport on his propety de- scribed as the South 551 of Lots 26 and 27, Block 51 of Crestview Subdivision (425 Fifth Street) that would require a penetration into the side yard setback 316" and would exceed the 40% permitted lot coverage. Mr. Cleveland appeared before the Council in support of his request stating that the proposed carport would be in a "straight line" with the existing garage; That the present garage was too small to accomodate both car and garden tools; and That the proposed carport would be of open-type construction. Following inquiry from the Chair as to any comments from the floor regarding the matter, and there being none, motion was made by Councilman Schroedel, seconded by Councilman Honey and unanimously carried that the request be granted. INSURANCE PROPOSAL SUBSCRIPTION AGREEMENT City Manager Tiffany advised be had been in contact with City Attorney Baird this date and Mr. Baird relayed no legal objections or questions on the proposed subscription agreement for the IIMunicipal Indemnity Exchange" reciprocal insurance program. It was the suggestion of Mayor Smoak, and Council was in agreement, to postpone further discussion on the proposal pending further review and report from the newly formed insurance committee of Messrs. Olivenbaum and Meeker, and its presentation for Council's consideration at the next regular meeting. BANK PROPERTY City Manager Tiffany reported that he had contacted several firms regarding architectural, mechanical, and electrical surveys of the former Exchange Bank building and the present City Hall, and had accepted the proposal of Mr. Brandon Wald of Fiske-Gay A5sociates to make the preliminary surveys; That the preliminary written report should be ready for distribution by March 24 and for Council consideration at the March 28 meeting. . e e . MINUTES NQ 1180 ANIMAL CONTROL ORDINANCE City Manager Tiffany reported that the Planning and Zoning Commission has completed review of the animal control ordinance; That their draft ordinance is now being reviewed by the staff for further recommendations on administrative and enforcement procedures, and; That the draft ordinance would be forwarded to Council for their consideration at the April 11 meeting. MAYOR'S REPORT Mayor Smoak reported that he, City Manager Tiffany, City Engineer Springstead, and Mr. Bill Dailey had attended the March 13 meeting of the Lake County Pollution Control Board wherein the Board considered the sewage treatment plant variance request based on the tenative effluent disposal compliance schedule previously approved by Council; That discussion included review of the compliance schedule and in-house phosphorous removal from the sewage treatment plant; That the variance has been renewed for an additional six-month period pending City funding for an additional twelve month study of the effluent disposal program; That if funding is unavailable, it would be necessary to reappear before the Pollution Control Board within a 30-day period, and;That he had requested agenda time to appear before the Lake County Commission and the Lake County Water Authority to request these agencies continued participation in the study. Mayor Smoak further reported on his attendance this date before the Lake County School Board in support of City participation in funding of the proposed improvements for the softball and tennis court complex at the elementary school; That the Board voted to expend their budgeted $5000 for the re-surfacing of the tennis courts; and That construction should begin within the next three weeks. With regards a contractural agreement between the City and County for use of the facilities, Mayor Smoak reported he had informed the School Board of the desire of the City that the Board be furnished a work draft of a written agreement to substantiate the cooperative use of the facilities that has existed and that the draft was now being prepared and would be presented to the School Board for their consideration in the near future. COOPER MEMORIAL LIBRARY Councilman Schroedel reported on his attendance at a meeting in Tavares regarding the County-wide Library system; That Mr. Cecil Beach had prepared a 70-page report including his recommendations and the recommended interlocal agreement on library services; and requested that Council members review the entire report in order to clarify any questions and aid in the decision of the acceptance/denial of the system. With regards inquiry from the Chair regarding the desire of the local library for acceptance of the program, Councilman Schroedel advised it was not their desire to lose their self-government but was desirous to obtain more funding for library services. Councilman Schroedel further reported that services expended by the Library were pro- gressing and commended the support of volunteer aides as a deterrent to additional costs, and; That he had been in contact with the gas company regarding the expenses incurred by using gas as a means of heating and cooling the former Exchange Bank building and they would prepare a proposal for Council's consideration. Following inquiry from Mrs. Sadie Tillis with regards membership of a member of a minority race on the Library Board, Mayor Smoak advised the City does not appoint members of the Board, and is not directly involved in the management of the Library. Councilman Schroedel advised there are currently no members of a minority race onthe Board; That the Board members themselves submit names for appointment to the Board, and That he would convey her desire to the Board at their next regular meeting. . e e e MINUTES NQ 14:81 SEfUNOLE WELL City Manager Tiffany reported on a March 6 letter from Mr. R. C. Rector, Dawkins and Associates, wherein he recommends releasing the $500 that was held back on the Seminole Well construction contract "since the well construction is now considered completell, and that he concurred with Mr. Rector's recommendations. He further reported that Central Florida Underground should finish making the final connection to the well to the water distribution system, making minor corrections and testing the well under operating conditions by mid-April. Following inquiry from Councilman Cole regarding the length of guarantee on the well material and the subsequent effective date of the guarantee, motion was made by Council- man Honey, seconded by Councilman Cole and unanimously carried that the well be accepted subject to the terms of the guarantee, and the $500 held back on the Locke Well and Pump contract be released noting final acceptance is subject to successful operation of the well under on-line conditions. BID AWARD: MINI-ATTACK FIRE TRUCK Mayor Smoak reported on bids received for a Mini-Attack Fire Pumper. After adjustments for options, the bids are as follows: Gator Emergency Vehicles, Seminole on PIERCE $26,095 W. Q. Dowling, Keystone Heights on EMERGENCY ONE $26,316 It was the recommendation of City Manager Tiffany and Fire Chief Smythe that the bid of W. Q. Dowling be accepted. Fire Chief Smythe cited exceptions taken by Gator Emergency Vehicles to the specifications, the most important being the configuration of storage compartments, namely side compartments, stating that approximate compartment sizes specified were determined by need for proposed and existing equipment. He further advised of an optional body which could be purchased to better meet specification for an additional $425 above the bid price, which would put the bid from Gator Emergency Vehicles $204 above the bid of W. Q. Dowling. Mr. Glen Manning, representative of Gator Emergency Vehicles, appeared before the Council expressing his desire to receive the bid award inasmuch as his company was apparent low bidder, and in his opinion all specifications had been met. Following considerable discussion regarding specified compartment sizes and other details of the equipment, Mayor Smoak opined that Fire Chief Smythe was more knowledgeable to them factors involved with this type equipment and so moved that the City Manager's and Fire Chief's recommendation be accepted. The motion was seconded by Councilman Honey and carried. Councilman Byrd voted in the negative on passage of the motion because Gator Emergency Vehicles had met the written technical specifications for the low bid, in his opinion. LOT REQUIREMENTS City Manager Tiffany reported that the Planning and Zoning Commission, at their March 7 meeting, unanimously voted to recommend that the zoning regulations on lot size, lot width, lot area per family, lot coverage, and setbacks for single family dwellings in R2, R3, and R3A zones be changed to the same requirements as the R1 zones, that maximum allowable lot coverage in R1A zones be increased from 30% to 40%, that the front setback in R1A zones be reduced from 35' to 25', and that the front setback in R1 zones be reduced from 30' to 251 because the Commission felt these recommended changes would aid the Council in reducing numerous variance requests. . e e . MINUTES NQl482 During discussion of the recommendations, Councilman Schroedel expressed his disagree- ment with the recommended front yard setbacks for R1A zones, stating the existing minimum building line of dwellings in the R1A district would be reduced thus possibly devaluating the district. Mayor Smoak requested that City Manager Tiffany and City Attorney Baird review existing ordinances wherein construction in currently developed areas would be required to conform to an established building line. City Manager Tiffany cited a previous determination of the City Attorney wherein the proposed recommendations would penalize some property owners who have sufficient contigous land under present regulations to building more units than would be allowed under the pro- posed rules. He also said that a general rule of zoning is to maintain uniform (.~~i_J1;:;t~.... in each district so that special zoning regulations could not be applied to newly platted land only. It was the suggestion of Mayor Smoak, and Council was in agreement, to postpone further discussion pending a determination by the City Attorney wherein these recommendations would apply only to unplatted/new subdivisions in the city, and the determination be presented at the next regular meeting. SIGN REVISIONS City Manager Tiffany presented the unanimous recommendations of the Planning and Zoning Commission regarding revisions to the sign ordinance, wherein Mayor Smoak suggested, and Council was in agreement, to postpone discussion to allow for sufficient study time for Council members, and the item be placed on the agenda for the next regular meeting. LOT MOWING Due to the time consuming and expensi ve procedure currently followed for pri vate property lot mowing, City Manager Tiffany requested the aid of Council in reducing , staff time spent on this task wherein the City would assume free mowing for all vacant parcels of land in the city. Following a determination by Council that a free mowing policy would cause an increased burden on the city inasmuch as more lots would be mowed, Mr. Harold. r\1achias appeared before the Council to express his desire to submit his name for a contractual agree- ment to mow property in the city. It was the suggestion of Mayor Smoak, and Council was in agreement, that this matter be referred back to the City Manager for further study; That an ordinance be prepared providing for published notice in place of mailed notice, to all property owners stating the necessity of and specified dates for mowing; That a fee schedule be prepared for Council's consideration covering all costs incurred by the city; That a list of all vacant property be furnished to Mr. Machias and other potential private contractors for their review and submission of a fee schedule; and That this matter be placed on the agenda for the Council's consideration at the next regular meeting. CUP REQUEST - MR. WILLIAM CAUSEY Mayor Smoak requested that inasmuch as Mr. William Causey and/or his representative was not present, City Manager Tiffany be instructed to contact Mr. Causey and inquire as to his intentions of pursuing his CUP request. RESOLUTIONS/ORDINANCES City Manager Tiffany presented a proposed Resolution for Council's consideration authorizing a fiscal officer to deposit and withdraw city funds under the newly-formed Local Government Trust Fund. Motion was made by Councilman Byrd, seconded by Council- man Honey that A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, DESIGNATING AN AUTHORIZED FISCAL OFFICER TO DEPOSIT AND WITHDRAW CITY FUNDS UNDER CHAPTER 218, FLORIDA STATUTES be adopted. The RESOLUTION was read in its entirety by Deupty Clerk Smith. Upon further discussion of the proposed Resolution, motion was . e e . MINUTES NQ 1483 made by Councilman Byrd,seconded by Councilman Honey, and unanimously carried that the Council postpone adoption of the Resolution pending determination by the City Attorney of the legality of authorizing the Finance Director as authorized official inasmuch as the City Manager was authorized as Chief Financial Officer under the City Charter, and requested that the Resolution be placed on the agenda for the next regular meeting. Following consideration in Public Hearing by the Planning and Zoning Commission on March 7, 1978 it was their unanimous recommendation that the rezoning request of Mrs. Sallie M. Benson be granted, wherein Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX IIAII.OF THE CODE OF ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The ORDINANCE was read by Deputy Clerk Smith for a first reading, by title only and the number 170-C assigned to it. Mrs. Benson appeared before the Council in support of her request whereupon Mayor Smoak opined that inasmuch as a formal Public Hearing would not be held tonight, Council members would express their preliminary impression of the proposed zoning change. It was the unanimous preliminary opinion of Council members that the request would be adopted upon formal public hearing and second reading, if no objections were received. Councilman Schroedel introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ADOPTION OF CERTAIN STANDARD CODES RELATING TO BUILDING CONSTRUCTION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The ORDINANCE was read by Deputy Clerk Smith by title only. Councilman Honey offered and moved the adoption of the foregoing ordinance and the motion was seconded by Councilman Byrd. The ordinance was read by title only for a second and final reading by Deputy Clerk Smith. Upon roll call vote on passage of the motion, the result was: Ayes~ Cole, Byrd, Smoak, Schroedel, and Honey. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 110-M assigned to it. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:30 P.M. _t!I ~~ CLAUDE E. S OAK, JR. - M OR ~ (l/)U 0mLtJu JAN S TH - DEPUTY CLERK