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05-23-1978 Regular Meeting e e e . ClTF (# CUlIIIDN't MINUTES REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held on Tuesday, May 23, 1978. The meeting was cal.led to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilinen Schroedel, Cole', Byrd, and Honey. Qther officials present were: City Manager Tiffany, City Attomey Baird, City Clerk Carroll, Finance Director Sanchez, Building Official Nagel, and Chief of Police Tyndal. Others present were: Ms. Deborah Caplan; Mesdames Fineis and Edington; Mr. & Mrs. John Sarg~nt; Mr. & Mrs. William Dailey; Mr. & Mrs. Howard White;' and Mr. & Mrs. Edward McMurry; Messrs. Reynolds, Williams, Greenlee, Smith, Jackson, Dean, Czech,' Searles, DOwling, Rausch, Leach, Faulkner, Cooper, Scott, and Willett. Mr. .Ramsey Campbell, Sentinel/Star representative was also present. The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of A1~egiance in unison by those present. The Minutes of the Regular Meeting held May 9, 1978 and the Special Meeting held May 15, 1978 were approved as written. PUBLIC HEARINGS Council, sitting as a Board of Adjustment, considered a request by William L. Faulkner for a Variance to Section 26-21 (E)(3) R-1 URBAN RESIDENTIAL DISTRICT-REAR YARD SETBACKS of the Zoning Ordinance in order to extend and then,'enclose an existing patio on his property described as: Lot 18, Block B Edgewood Place Subdivision (220 Edgewood) which would necessit~te a penetration of three feet into the required 25' rear yard setback. Mr. Faulkner appeared before Council in support of his request, advising that to screen in the.existing 6' patio, the area would be too small to accomodate st8lldard patio fumiture.' Messrs. Leitch and Rausch, abutting property owners .of Mr. Faulkner, appeared before Council in support of the request, and there was no one present who voiced objection to it. Motion 'was thereupon made by Councilman Schroedel~ seconded by Councilman Cole and carried that the request be granted. Council, sitting as a Board of Adjustment, considered a request by Richard R. Reynolds, Trustee for a Variance to Section 26-25 (E)(l) GENERAL COMMERCIAL nISTRICT-SETBACKS ADJACENT TO SRSO of the Zoning Ordinance in order to construct a building on the pro- perty described as: 701-760 East Highway 50 WiDn Dixie Plaza Shopping Center. that would penetrate .20 feet into the required 'setback requirement adjacent to State Road 50. Mr. Reynolds appeared' before Council in support of his request advising that strict adherence to the required setback would cause them a loss of 6-8 parking spaces and create a traffic flow problem as the building woilld be located in the middle of a parking. row. It was brought to Council's attention that the existing eastem entrance to the shopping center that is now adjacent to the proposed location of the construction would be closed and a new entrance constructed that would be west of the proposed const~ction location which could conce~veably create a safety ingress/ egress problem should there be traffic tied up at the proposed Foto Hut. Due to the ample space available for construction of the building within the required $etback, and in the interest of safety and reserving the integrity of setba:cks along the state road, motion was made by Councilman Byrd~ seconded by Councilman Schroedel and carried that the request be denied. Councilman Honey voted in, the negative on passage of the motion. Council, sitting as a Board of Adjustment, considered a request by Mrs. F. N. Edington for a Variance to Chapter V, Article II, Section 5-15 (RESTRICTIONS ON ERECTION OF FENCES) of the Clermont Code in order to erect a fence on her property described as: sJs of Lot 92, All of Lots 93 and 94, N~ of Lot 95 Hillcrest Subdivision (730 Drew Avenue) e e e . ClTF (# CUlIIIDN't MINUTES that would. exceed the height requirements for fences in front::yards by one f~ot. Mrs. Edington appeared before Council in support of her request, advising that due to the nature' of her employment with the Federal Narcotics Bureau necessitating at ttmes that she have certain court evidence in her home, all possible security precautions were. very necessary, and she thereby desired' to install a chain link fence of five feet in height on all per1.meter:..l1nes around her property for personal security. Messrs. White and McMurry, abutting property owners, appeared before Council in opposition to the request, opining that an e]J:tension of only one foot to the existing allowable height of four feet. would not provide that much additional'security, and they therefore felt tha~ the existing code requirements should be upheld. Mrs.Edington opined that such an extension would not provide secure proof, but would be more of a detriment. for illegal entry to her property than a .four foot fence. Motion was made by Councilman Byrd, seconded by Councilman Cole and carried that the request be granted. . Mayor Smoak voted in the negative on passage of the motion. "208" PLANNING PROGRAM. Mr. Aaron Dowling, "208" Project Director of the East Central Florida Regional Planning Council, appeared before Council with a slide presentation of the 208 Water Quality Management Plan, now in its final stages, and to solicit the City's .acknowledgement of "208" Management Agency.responsibilities and intent to proceed in the iJDplementation of the "208" planning program. Mr. W:I,.lliam Dailey, the City's representative on the Planning Council, strongly urged that Council accept designation, as a management agency, and that Council avail themselves of the written synopsis of the proposed plan for more indepth information. Mr.Dawling submitted a draft Resolution and list of specific recommendations, as submitted by the "208" planning Staff for Council's con- sideration, wherein the estimated funding' costs were designated to be provided by assuming 75% funding, and 25% local costs. Mayor Smoak thereupon inquired if this meant the City. would be liable for participation in 25% of the local costs for whatever programs are developed by the Regional Planning Council. Mr. DOwling advised that this was a mis~rding as the intent for, the 25% of the funding ,would be provided by the State inasmuch as the planning programs would include many areas outside municipal boundaries and even in other counties, and he would be glad to work with ..the adminis- trative staff in revising the language for resubmission to Council. TAX EXEMPT PROPERTIES City Attomey Baird inquired of Council's desire to ~ppeal the recent finding of the Lake County Tax Assessor wherein tax exemption status was denied on the city owned Jenkins Auditorium because of its partial occupancy by the Chamber of CODlDerce. Motion was made by Mayor Smoak~ seconded by Councilman Schroede1 and carried that the City Manager and City Attorney further tnvestigate the matter, and, if in their opinion they feel an appeal should be instigated~ that such pursuit be authorized. FLORIDA LEAGUE OF CITIES BOARD MEETING Mayor Smoak reported on his recent attendance of a joint Fiorida League of Cities Board meeting and Legislative CoDIDittee in Tallahassee wherein a review was made of pending legislation as would affect local government; that the primary area of concern has been the proposed removal of the growth factor in ad valorem taxes; and, that the members had spent a portion Qf the day lobbying in the Capitol with local delegations regarding the matter. USER FEES 'FOR CITY RECREATIONAL FACILITIES The feasibility of assessing user fees to out of city adult leagues using the city owned recreational facilities inasmuch as adult programs have expanded and there is an increasing demand for use of the facilities by local residents, was discussed at length. Following inquirY from City Manager Tiffany as to complaints received regarding inability to use the facilities by local r'esidents, and he advised they had been very minimal, it was the consensus that no action be taken at this time. e e e . ClTF (# CUllIIDlI1' MINUTES BOND REFUNDING City Manager Tiffany advised of remaining areas in the proposed bond ordinance and resolution to be resolved; That he and Mr. Sanchez were still meeting with officials of Southeastem Municipal Bonds, Inc. regarding the matter; and, That he would recODlDend the matter be placed on the next regular meeting agenda unless it became necessary that a special meeting be called prior to that date because of a time deadline unforseen at present. AUDITING AGREEMENT Mr. John Greenlee of Greenlee, Paul, Fumas, and Kurras, Certified Public Accountantls, appeared before Council to advise them of hourly rate specifics Which had been deleted from their proposed auditing agreement submitted for Council's consideration; That they had been deleted from this year's proposal inasmuch as they are remaining the same as those of last year, the same being, for partners of the firm, $25 per hour; for staff accountants, $15 per hour; and clerical @ $6 per hour. Motion was thereupon made by Mayor Smoak~ seconded by Councilman Byrd and carried that the auditing agreement for fiscal year ending 9-30-78 be accepted and executed by the proper city officials. Inquiry was made of Mr. Greenlee as to cODlDent on the state mandated municipal uniform . accounting system to become effective 10-1-78. Mr. Greenlee advised he had not made an indepth study of the system, b~t following a brief review he was of the opin:l,.on that several areas would have to be revised in order to fumish the City with as much information as they are presently getting and need; That he felt the system was primarily designed for larger cities that are on computer systems; and That the existing'revised sy~tem in use and the one prior to it were more than adequate for the City of Clermont. MaYQr Smoak advised that the new mandated revision was the third revision mandated f9r municipal accounting by the State in a like number of years; That he was desirous of proof of the possible benefits and cost effectiveness of changing the system a third ttme; and, That in an endeavor to obtain this information, he. recommended that City Manager Tiffany in conjunction with Finance Director Sanchez, prepare a.detailed letter to be over his signature, advising the proper State Regulatory Agencies that the City will not participate in the new~ mandated system and categorize the reason,s why, such as lack of necessary comparative data, etc. Council was in agreement with Mayor Smoak's recODlD.eIldation. COMPREHENSIVE PLAN In addition to the complete proposed comprehensive plan submitted to Council previously, a detailed summary of the most essential information from the City's plan was presented to Council for their study and consideration prior to the procedure of public hearing reviews and final adoption process. It was the suggestion of Mayor Smoak that each Council member review the suiamary thoroughly prior to the next regularly scheduled meeting, at Which time a. step";'by-step review will be- made for acceptance or recODDD.enda- tions for revisions. 78-79. FISCAL YEAR BUDGET PRIORITIES/PROJECTS The follcwing suggested.priority items fo~ fiscal year 78-79 were ~e1ated by Council to be compiled by City Manager Tiffany for hissubsequent recODDD.endations.back to Council: By Mayor Smoak: Major City landscaping program (particularly along SRSO), Replacement of chairs in Council Chambers, Close review of budget regarding operating expenses and requirements for effluent disposal with regards possible reduction of ad valorem taxes, Cost evaluation figures for renovation of Jenkins Building interior and exterior, Paving of Broome Street between Fourth and Fifth Streets'" Resurfacing of tennis courts at Kehlor Park, e e e . ClTF (# CUllIIDlI1' MINUTES By Councilman Schroedel: City owned and operated nursery for continuing beautification program By Councilman Byrd: Continuing street tmprovement program on a "pay-as-you-go" plan By Councilman C.ole: House-to-housemail devliery in Lincoln Park area, Additional recreational facilities in Lincoln Park area, Pursuit of sidewalk construction program. Councilman Honey advised that he had not been present at the previous meeting and thereby did not have a suggested list prepared, but that he fully concurred with the priority projects as mentioned. MEETING . RECORDER PURCHASE It was the recommendation of City Manager Tiffany that the purchase of a Sony BM-145 recording unit @ a net government price on State contract @ $800 be authorized, to replace the existing obsolete belt-type recorder used for recording council meetings. Motion was made by Mayor Smoak~ seconded by Councilman Honey and carried that the Manager's recODlDendation be accepted. Inquiry was made by City Manager Tiffany as to desired storage ttme of the meeting tapes. It was the suggestion of Mayor Smoak, and Council was in agreement that they be kept for a six month ,p~riod. ORDINANCES Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, AMENDING APPENDIX A OF THE. CODE OF ORDINANCES; PROVIDING FOR THE REGULATION OF FENCES, and the Ordinance was read by City Clerk Carroll for a first reading by title only. A proposed Ordinance regarding revisions to the existing requirements for Signs was considered by Council. An amendment to the proposed ordinance under SECTION 4. ROOF SIGNS, was offered by Mayor Smoak wherein ROOF SIGNS would be allowable only under Conditional Use Permit. The proposed Ordinance was introduced by Councilman Schroedel as amended, and it was. read by City Clerk Carroll for a first reading by title only. Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF TENTH STREET DESCRIBED AS ALL THAT PORTION OF TENTH STREET BOUNDED ON THE SOUTH BY THE NORTH R-o-W LINE OF MONTROSE STREET AND BOUNDED ON THE NORTH BY THE SHORES OF WEST LAICE, and it was read by City Clerk Carroll for a first reading by title only. Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT AMENDING THE OFFICIAL .ZONING MAP; REZONING THE REAL PROPERTY DESCRIBED AS LOTS 8. 9~ 10~ 11. and 12, IN CITY BLOCK 27, FROM A C-1 ZONING CLASSIFICATION TO AN R-3 ZONING CLASSIFICATION, and the motion was seconded by Councilman Byrd. The Ordinance was read for a second and final reading by City Clerk Carroll by title only~ and upon roll call vote on passage of the motion~ the result was: Ayes': Honey~ Byrd~ Schroedel~ Cole~ and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number 173-C assigned to it. Councilman Honey offered and' moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCE OF THE CITY OF CLERMoNT AMENDING SECTION 26-28(B)(2); REQUIRING NOTICE OF PROPOSED VARIANCE TO ADJACENT PROPERTY OWNERS, and the motion was seconded by Councilman Byrd. The Ordinance was read for a second and final reading by City Clerk Carroll by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Schroedel, Byrd~ Cole~ Honey, and Smoak. Total Ay.es: Five. Nayes: None. So the Ordinance was adopted and the number 175-C assigned to it. e e e . ClTF (# CUlIIIDN't MINUTBS Councilman Byrd introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, PROVIDING FOR THE AD0PTION BY REFERENCE OF CERTAIN STANDARD CODES RELATING TO BUILDING CONSTRUCTIO~, and the Ordinance was read for a first reading by City Clerk Carroll by title only. Councilman Byrd thereupon offered and moved. the adoption of the aforementioned Emergency..Ordinance, and the motion was seconded by Councilman Honey. The Ordinance was read 'for a second and final reading by City Clerk Carroll by title only,'and upon roll call vote on passage of .the motion the result was: Ayes: Byrd, Honey, Cole, Schroedel, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number. 11l-M assigned to it. VISITORS WITH BUSINESS Messrs. Williams and Dean appeared before Council to oppose a request for the rezoning of Lots 1 thru 7 in City Block 27 frOm its existing C-1 'zoning classification to an R-3 zoning classification.. . Mayor Smoak advised the initial consideration of this request would be by th~ ,Planning & Zoning Commission, meeting in Public Hearing on June 6th, at Which time they were welcome to attend and be heard. There being no further business to be brought before the Council at this time, the meeting was adjoumed by Mayor Smoak. at 10:30 P.M. /VJ ar-.~ u _- CLAUDE E. , JR. - :tOR Qa,A~ f;. ~~/l DOLORES W. CARROLL - CITY CLERK