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12-13-1983 Supporting Documents® 0 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December. 13, 1983 A Regular Meeting of: the City Council of the City of Clermont. was held Tucaday, December 13, 3.983 in the City Council Chambors. The mooting was called to order. at• 7:30 p.m. by Mayor Hoals with the following Council Members in attendance: Council Mcmbur Dupoo, Mayor Pro Tom Pool, Council Membor Cole, and Council Member Turvillo. Other City Officials present were: City Manager. Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clark Brandt. The Invocation was offered by Mayor Pro Tom Pool followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting hold November 22, 3.983, the Special Meeting held November. 29, 1983; the Special Meeting held December 5, 1983; and the Special meeting hold December 7, 1903 were approved as presented. CITY MANAGER'S REPORT STREET LIGHT DEREGULATION City Manager Forbes reported that lie had received notification that the Public Service Commission intended to deregulate street lighting, and any such action could substantially increase the City's costs. After 83-209some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPES, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO HAVE A LETTER OVER MAYOR BEALS SIGNATURE SENT TO THE PUBLIC SERVICE COMMISSION EXPRESSING THE CITY'S OPPOSITION TO THE PROPOSED STREET LIGHT DEREGULATION. LAKE - SUMTER COMMUNITY COLLEGE LEASE It was reported that the College had requested extension of its lease which expires on December 31, 1983. It was also reported that the Art League and YMCA had expressed an interest in using the building. 83-21OAfter some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO EXTEND THE COLLEGE'S PRESENT LEASE UNTIL MAY 1, 1984. CHAMBER OF COMMERCE LEASE FOR JENKINS AUDITORIUM It was reported that the Chamber of Commerce had not signed its lease for office space in Jenkins Auditorium due to the use of premises clause in the lease which states that only Chamber of Commerce business may be conducted from the offices. It was explained that Mr. Tom Lemon, who helps the Chamber, had also been conducting his "Hoosier Club" business from the office. It was asked if this was compatible with the terms of the present lease. After some discussion, it was the consensus of the Council to allow Mr. Lemon to operate his Hoosier Club from the Chamber of Commerce office, as long as he was assisting the Chamber. BUILDING DEPARTMENT It was reported that due to the scarcity of gypsum board, several local contractors had approached the building department about using 4/8" thick gypsum board as allowed by the County. The present City Code requires 83-2115/8" thick gypsum board. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPES, AND UNANIMOUSLY PART-TIME POLICE OFFICERS City Manager Forbes reported that he would like to take $4,600 from Contingencies to supplement the City's Part-time Police Officers Program. Part-time Officers are needed to fill in during vacations and illnesses. 83-212After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, AND SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO TRANSFER $4,600 FROM CONTINGENCIES INTO THE POLICE DEPARTMENT'S PART-TIME POLICE OFFICERS' PROGRAM. CITY OP CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Pago -2- SURPLUS EQUIPMENT It was reported that the City's 1981 Ford Fairmont which was severely damaged in an accident last summer and a 1961 payloader should be declared surplus equipment and sold for scrap in order to get them out of the way at the Public Works Department. After some discussion, it was the consensus of the Council to allow Mr. Forbes to declare the vehicles surplus equipment and sell them for scrap. FINANCE DIRECTOR'S REPORT FEDERAL REVENUE SHARING PURCHASES Finance Director Saunders reported that the City had received con- firmation that the Federal Revenue Sharing Program was being continued for another three years, and asked permission to purchase the copy machine which was included in the budget. Mr. Saunders further stated that he would like to purchase the Mita 312RE from the State Contract for $5,985. After trying several different machines, it was decided that the Mita best met our needs. After some discussion, 83-213A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER .,.ro nvrco nc hfTTA 372RE COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY It was reported that the library expansion contract had been signed, and that the Trustees had decided to add an additional $50,000 to the project to build a 3,000 square foot Children's and Media Room. Total. cost for the project will be $150,000. Saturday, December 17th, there will be an open house at the Library for the newly renovated vault. A contest for children is being held to name the room. Mrs. Dupee also spoke briefly on the Library's Outreach Program which will insure that homebound individuals receive library books. COUNCIL MEMBER TUVILLE'S REPORT NOISE FROM MANHOLE COVERS Council Member Turville reported that he had received several complaints from residents on Minnehaha Avenue about the noise from the manhole covers when you drive over them. City Manager Forbes explained that when the street was paved last summer, the manholes became recessed about one inch. Steel bands can be obtained to raise them, however, the bands are two inches wide and will make the manholes one inch too high. Mr. Forbes stated that he would investigate this matter further and see what could be done. Council Member Pool asked that manholes on East Avenue be investigated too. M CITY OF CLRRAIONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Page -3- MAYOR BEALS' REPORT LEAGUE OF CITIES WINTER CONFERENCE Mayor Beals reported that the League of Cities annual winter conference would be hold February 9th and loth, and urged all Council Members to try and attend. CHAMBER OF COMMERCE It was reported that the City had been invited to join the Chamber of Commerce, and that a General Business Membership would cost $275. 83-214After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUP_EE, _ ____ _.._ ....... r.....,..•., n AHE r•nn mnr VISITORS WITH BUSINESS GRIMSHAW REAR YARD VARIANCE REQUEST - 300 LAKESHORE DRIVE It was reportedthat Mr. Tom Grimshaw of 300 Lakeshore Drive had requested a rear yard variance from the required 25' to 20'9" in order to convert an existing garage into a bedroom, and construct a detached garage to the west of the existing dwelling. The setback of the existing dwelling is 2019". Mayor Beals read a letter from Mr. Harry Robinson, the neighbor to the north, who favored the proposed improvements. Mr. Tom Dougherty, Attorney for Mr. Grimshaw, appeared before the Council. A plot plan was presented for the Council's review, and Mr. Dougherty explained that the house was built on the high part of the lot with an existing 20.91setback, and that the lot slopes severely in front. He explained what Mr. Grimshaw intended to do, and how the detached garage would benefit the neighbors by elimi- nating vehicular traffic noise. He further stated that the detached garage would be two story and would be built west of the existing home. Both additions would extend into the rear yard setback area the same as the existing house, and would not add to the non conform- ing nature of this building. City Manager Forbes asked Mr. Dougherty if there would be any plumbing in the garage. He stated that the second floor of the garage would be a workshop for Mr. Grimshaw, and that the plans did not indicate plumbing. Council Member Dupes asked if there were any plans to convert the second story into an apartment, and Mr. Dougherty again stated that the plans did not indicate this. Mr. Grimshaw lives up north, and his mother lives in the house. 83-215After some discussion, A MOTION WAS MADE ORDINANCE 156-M, REQUEST FOR REZONING it was reported that Mr. Sherril Turner had requested the rezoning of Lots 21 through 26, Hillcrest Subdivision to R-3, Multiple Family. Lot 21 is presently zoned R-1, Single Family; and Lots 22-26 are zoned R-2. At its December 6, 1983 Meeting the Planning and Zoning Commission recommended denial of this request. After some discussion, it was the consensus of the Council not to introduce this ordinance. OLD BUSINESS GERALD SMITH VARIANCE REQUEST FOR 1719 FIRST STREET It was reported that Mr. Smith's request for a side yard variance had been tabled to allow the adjoining property owner, Dr. Fred Fox, ime C1Ty QF CLF.Rd10NT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Page -d- to review the survey and respond to the request. Mr. Smith had re- quested a side yard variance in order to construct a second story deck. Construction was begun without a permit, although a permit was issued which showed encroachment of three feet into the required side yard. Mayor Beals asked Mr. Smith if he had any comments, and he stated that he had no comments at that particular time. Mr. Sterling Frey, a neighbor, asked for clarification on two points of the discussion, (1) when talking about encroachment into the side yard, are your referring to the edge of the deck or the supporting posts, and (2) what is the definition of a hardship. Mayor Beals then read the definition of a hardship which is used when determining if a variance should be granted. Mr. Sterling Frey stated that he believed a hardship existed on this lot because it was only 80' wide, and Mr. Smith agreed. He also stated that the lot is somewhat unique because it is between two streets. Mayor Beals then read a letter from Dr. Fred Fox which stated that he did not object to the granting of the variance as long as Mr. Smith would reciprocate if asked to do so in the future. Mr. Russel Smith, who was present in the audience, asked City Manager Forbes if it would be possible for two homes to be built on the Fox property. Mr. Forbes stated that he would not say it was impossible, because it would depend on the site plan and other factors. Council Member Pool stated that he felt the variance should be granted because Mr. Smith finished the project with a permit and that because he owned an 80' lot, he could not enjoy the same privileges afforded those who owned 100' lots. Mayor Beals and Council Member Turville disagreed with Mr. Pool, and stated that just because Mr. Smith owned an eighty foot lot, this did not constitute a hardship. 83-216After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO GRANT MR. SMITH'S VARIANCE REQUEST. At this point in the meeting Council Member Cole asked City Attorney Baird about the legality of Mr. Smith's permit with regard to the fact that Mr. Smith had begun construction without the permit, and when it was obtained, it was issued in error. Mr. Baird stated that the Court would look at how much was done in reliance on the permit (how much money was spent after the permit was issued). City Manager Forbes stated that Mr. Smith had not built the deck according to his submitted site plan which showed 6' from the edge of the porch to the lot line. The subsequent survey shows 319" from the edge of the porch to the lot line. Mr. Smith stated that the deck was built to the site plan upon which the permit was issued. Mr. Forbes asked Mr. Smith to look at the site plan on the permit, and Mr. Smith stated that he did not write the figures shown on the plan. THE MOTION FAILED TO PASS DUE TO A TIE VOTE. MAYOR BEALS AND COUNCIL IS A NEIGHBOR OF MR. SMITH'S. BID AWARD - HOOKS ROAD CITRUS CROP City Manager Forbes reported that the City had received four bids for bulk sale of the City's citrus crop on Hooks Road. The bidding was as follows: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEB'TING December 13, 1903 Page -5- Postal Colony $3,100 Lake Minneola Citrus $2,550 Citrus Box $2,100 Twin Lakes Fruit Co. $1,700 City Manager Forbes recommended acceptance of the high bid from Postal 83-217Colony, and after some discussion, A MOTION WAS MADE BY COUNCIL MEMBER Mr. Forbes stated that before the crop could be harvested, the City would have to have the grove disced at a cost of $200. It was the consensus of the Council to have this clone. FINAL READING OF ORDINANCE 237-C, CEMETERIES Mayor Beals explained that this ordinance was adopted twenty-two years ago, and needed to be updated. The changes in the ordinance would: 1. Delete references to a Parks Committee since it no longer operates the cemetery. 2. Delete references to the Council appointing a Cemetery Super- intendent, the cemetery is now maintained by the Public Works Department. 3. Require 100% of the proceeds from cemetery lot sales to go into the Perpetual Care Fund. Presently only 25% of the -'- resident lot sales and 62% of the non resident sales go into the fund. This change will allow the fund to build, so that in the future interest from the fund will pay for the annual maintenance costs of the cemetery. Mayor Beals then called for comments from those present in the audience, and no one cooks for or against the proposed ordinance. After some 83-21£ FINAL READING OF ORDINANCE 238-C, GARBAGE AND TRASH DISPOSAL Mayor Beals explained that this ordinance needed to be updated in order to reflect the City's current practices. If adopted the ordinance would: 1. Change the definition of "Director" to Public Works Director instead of Street Superintendent. 2. Change the exception to allow actual producers to collect their own garbage by requiring City Council approval of the practice. 3. Delete many provisions for extra fees which the Public Works Director may charge for collection. 4. Clarify provisions on the limitation of quantity. Instead of using 'reasonable amounts of refuse," it defines the term reasonable as being 60 gallons of garbage (two thirty gallon garbage cans), and not more than 50 pounds of trash. At the November 22, 1983 Council Meeting, some citizens and the Council expressed concern about the 50 pound limitation on trash. A suggestion was made to amend Section 10-5 (b) "Limitation of Quantity" to read: (b) Limitation of quantity. The Director shall collect up to sixty gallons of refuse from each dwelling unit each time a collection is made.Trash shall be collected as longas it ® 0 CITY OP CLRRHONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Page -6- is properly bagged or cut. Tree limbn excooding 6" in diameter shall not be collectod. Mayor Beals called for comments from those present• in the audience, and Mr. Abner Berlin stated that he agreed with the proposed amendment. 83-219 NEW BUSINESS INTRODUCTION OF ORDINANCE NO. 152-M, ANNEXATION Mayor Beals explained that the City had received a petition for voluntary annexation from the Church of the Nazarene. It was further explained that annexation was requested by the Council as a condition of a Conditional Use Permit which was granted for the existing Church 83-220 to expand. COUNCIL MEMBER DUPEE INTRODUCED ORDINANCE NO. 152-M BY TITLE ONLY. HIGHLANDER HUT RULES AND REGULATIONS It was reported that the rules for use of the Highlander Hut need to be revised because the Disabled Veterans no longer scheduled the use of the building. The new rules would be similar to those used for Jenkins Auditorium, and the fees to use the Highlander Hut are one-half of those charged for Jenkins Auditorium. The DAV will act as custodians of the building in exchange for free use of the building one night per month. 83-221 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO ADOPT THE NEWLY PURCHASE OF VEHICLE FOR THE UTILITY DEPARTMENT it was reported that the City had budgeted $7,800 for a new pick-up truck for the Utility Department. The City had received the following bids: State Contract for a Mazda B-2000 $5,602 Bob Wade Ford for a Ford Ranger $6,378 Seidle Chevrolet No Bid After some discussion regarding parts, repairs and the differences 83-222 between foreign and domestic trucks, A MOTION WAS MADE BY COUNCIL MRMRRR POOL. SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY KEHLOR PARK BUILDING City Manager Forbes reported that the YMCA would be using the Kehler Park Building, and asked permission to charge the same rental rates as those established for the Highlander Hut. After some discussion, 83-223 A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER U U1LU1lVU. A A CITY OF CWHONT MINUTES REGULAR COUNCIL MEETING December 13, 1903 Page -7- CRYSTAL LAKE Mr. Abner Berlin who was present in the audience expressed his concern for preserving the water quality and tranquility of Crystal Lake if the proposed townhouse development is built. tie asked if there was some way the City could limit the use of motor boats on the lake. City Manager Forbes stated that he would have the City Attorney look into this matter. There being no further business, the meeting was adjourned at 9:20 p.m. Charles B. Beals, Mayor Attest: ,f�onr �4'Yrarfr--;l1 � Wayro Saunders, City Clerk