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09-27-1983 Supporting Documents0 CITY OP CLERMONT 0 MINUTES RGIGULAR COUNCIIa MEE'PING September 27, 1903 A Regular Meeting of the City Council of the City of Clermont wan hold Tuesday, September 27, 1903 in the Council. Chambers. The meeting wan called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Council Member Turv.ille, Council Member Cole, Council Member Dupoo, and Mayor Pro Tom Pool. Other. City Officials present were: City Manager Forbes, City Attorney Baird, and Deputy City Clerk Brandt. The Invocation was given by City Manager Forbes followed by the repeating of the Pledge of Allegiance to the Flag by all. present. MINUTES The Minutes of the Regular Meeting held September 14, 1983 were approved as presented. CITY MANAGER'S REPORT STATE SANCTIONED DOG SHOW It was reported that Mrs. Clifford Johnson, who had conducted a Summer Recreation Program in Dog Obedience, had requested permission to use an area in Clermont for a State Sanctioned Dog Show the first week of February. Mr. Forbes stated that he felt the only usable area would be Bishop Field, and that if there were no Council objections, he would allow the use of the field with the stipulation it be cleaned at the finish of the show. There were no objections. COMMUNITY ACTION AGENCY It was reported that the Lake County Community Action Agency needed a site in Clermont to distribute butter and cheese from a refriger- ated truck once or twice a month to approximately 197 families in the South Lake County area. Mr. Forbes stated that the agency was trying to find an enclosed area but nothing was available. If there were no Council objections, it was suggested that the agency use the City Hall Parking Lot as a distribution point on a trial basis. The "No Truck Parking" would be waived on the days the lot is used. If traffic problems develop at the site, the agency would be asked to find another location. LEAGUE OF CITIES CONVENTION It was reported that Mayor Beals would be attending the League of Cities Convention in October and that he should be appointed as 83- voting delegate from the City. After some discussion, A MOTION 163 WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPOINT MAYOR BEALS THE VOTING DELEGATE FROM THE CITY OF CLERMONT TO THE LEAGUE OF CITIES CON- VENTION. STREET SWEEPER It was reported that last week City Officials attended a demon- stration of a regenerative vacuum sweeper. The City is still investigating hiring a firm to do the street sweeping, however, it is doubtful this method would be cost effective. Mr. Forbes stated he hoped a decision on the street sweeper would be reached within the next thirty days. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY Council Member Dupes read a note from the Cooper Memorial Library Board thanking the City for all its help in writing the matching funds grant for the library expansion. She reported that the library had passed the first phase in obtaining the grant. 0 ctry or cLr.R wr 0 MINUTES REGULAR COUNCIL MELTING September 27, 1983 Page -2- VI.S'ITORS WITH BUSINESS CLERMONT HOTEL Mr. Lied Morrison, an attorney retained to represent the City in Hotel matters, appeared before the Council to answer any questions pertaining to the City's lawsuit against Mr. Nick Buttitta, owner of the Hotel. Mr. Morrison explained the legal procedures being used by Mr. Buttitta's lawyer and stated that after the first motion to vacate the default had been denied, a second motion was filed. However, it is unclear if the motion will be granted on its merits or not. Mr. Morrison further stated that he felt no judge would order the Hotel building torn down because it was structurally sound. fie further stated that he felt the case would go to bankruptcy court within the next sixty days, and within the next year the Hotel property would either be liquidated to pay off debts or go back to the original mortgage holders through negotiations. If the mortgage holders elect to take back the Hotel, they would be placed in a "custodial situation" and would have to clean up the prop- erty, board up the windows, and keep the grass mowed. If they failed to bring the property up to City Codes, then the City could tear down the building. Mayor Beals stated that maybe the mortgage holders would be more willing to cooperate with the City if Mr. Buttittta was out of the negotiations. If the Clermont Hotel issue was resolved, other dilapidated buildings in the City could be torn down. Council Member Turville stated that he believed that the City was spending, money for legal fees, and was no closer to having the building torn down than two years ago. He then asked Mr. Morrison if the City would have a better chance on getting something done if it would put its lawsuit in abeyance for six months, and ask for the mortgage holders' immediate compliance to certain demands regarding the property. Mr. Morrison stated that he feld that it would give the mortgage holders an incentive to retrieve the property and they would become caretakers of their own assets. 83-164 JOE HEATH VARIANCE REQUEST Mr. Joe Heath appeared before Council to request two variances for his property known as Lots 1,2, and 3, Block 47, City of Clermont. Mr. Heath wishes to construct three duplexes on the property, and in order to save the trees on the site, the following variances would be needed for the western two duplexes: (1) a rear yard variance of 11', from the 25' required to 141, and (2) allow the driveway turnaround to be paved up to the lot line. Mr. Heath explained his site plan to the Council. Mayor Beals then read a letter from Richard and Audrey Harris favoring the variance request. Mayor Beals then asked for comments from those present in the audience, and no one spoke for or against Mr. Heath's ® CITY OF CLERMONT MINUTES REGUI,AR COUNCIL, MEETING September 27, 1903 Page -3- request. Council Member Turville stated that he felt the duplex closest to the lake should not be built because the pavement from the other two duplexes could cause future water runoff problems. !le also felt that the duplex was located too close to the water's edge. If the variances were not granted, then the duplex closest to the water could not be built. It was further explained even if the variances were denied, Mr. Heath could still build the three duplexes on the property becThe use all of variance iuexceed variance wasbeingrequestedtopreserveithestrees. Afterzoning rsomets. 3- discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY 7.G5 COUNCIL MEMBER COLS, AND CARRIED TBY^A^FOUR^TOAONE mm�VOTE mn A�LOWGRANT TIETHE DRIVE - LEASE AGREEMENT FOR 797 MINNEOLA AVENUE City Manager Forbes reported that the lease agreement with Leslie Griffin for the city owned building at 797 Minneola Avenue was up for renewal on February 1, 1984. The proposed agreement would renew the lease on the building for thirty-six months, and has an option period for another thirty-six months. The monthly rental fee would be $195. The lease requires Mrs. Griffin to be responsible for interior repairs, and the City to be responsible for the exterior of the building. After some discussion, A MOTION WAS MADE BY COUNCIL 166 MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY - ....... ....... ..,nre nr_nc.MT.!mm WT'PH n1R5. LESLIE GRIFFIN 83- 1G7 JAYCEE BEACH HOUSE CONCESSION AGREEMENT Mr. Kyle Woodard, present proprietor of the Jaycee Beach House Conces- sion appeared before Council requesting revisions to his present lease agreement. Mr. Woodard asked that he be allowed to run the concession during the off season (day after Labor Day to the day before Memorial Day) at an off season rate of $60 per month during which time he will pay the entire water bill for the building. He also requested to be allowed to install a pool table and four more video games in his game room, and to be allowed to set his own hours. Mr. Woodard stated that he would not be open during school hours nor later than 11:00 p.m. Council Member Turville stated that when the specifications were written for the building, no video games were to be allowed. The Council has already allowed video games, and now Mr. Woodard is requesting to be allowed to install more of them. It appears that the Beach House is becoming a "game room" which can be " for an "attractive nuisance young people. After some discussion regarding the proper use of this facility, crrmmnFn RV COUNCIL MEMBER FINAL READING OF ORDINANCES 157-M AND 158-M, REZONING WADE PROPERTY It was explained that Mr. Bob Wade has requested rezoning of his recently annexed property from R-1-A to C-2 General Commercial and R-3 Residential/ Professional. At its September 6, 1983 meeting, the Planning and Zoning Commission made the following recommendations: Ordinance 157-M be amended to rezone Tract 9-B and the south 40' of tract 9-A to C-2 General Commer- cial. Tract 10 be rezoned R-3, and Tract 8-B and the remainder of Tract 9-A be rezoned to R-2. Ordinance 158-M be amended to rezone the property 0 CIrY OF CLPRbIONr 0 MINUTES REGULAR COUNCIL MEETING September 27, 1983 Page -4- (Tracts 57-B and 6-A) to R-2 Two Family instead of. R-3 as requested by Mr. Wade. (sea attached maps). Mr. Dennis Horton, attorney for Mr. Wade, presented a revised drawing of Mr. Wade's request to the Council, as well as drawings of his original request and the Planning and Zoning Commission's recommendations. Mr. Horton and Mr. Ben Blackburn explained that the new site plan had been designed to meet the concerns expressed by the Planning and Zoning Commission by providing a buffer zone of multi -family units to separate the commercial use on Grand Highway. After the overview of Mr. Wade's proposal, Mayor Beals called for comments from those present in the audience. Mr. Albert Richey, a property owner on Grand Highway stated that he favored the recom- mendations of the Planning and Zoning Commission and wished to have the property zoned in that manner. Mr. Jack Knight expressed his concern for the development near the lake because of the fluctuating lake levels. Iie also expressed concern over the water runoff from the property to the north of Tract 57-B and asked where it would go once the property was developed. Mr. Blackburn explained the proposed manmade stream and retention pond with a circulating pump to prevent stagnation which would be constructed on the property to curtail run- off from the north. Mr. Knight also asked about the type of commercial property which would be allowed along Highway 50 if it were zoned C-2. Council Member Turville asked City Manager Forbes to address some of the concerns he stated at the Planning and Zoning Meeting regarding the proposed development. Mr. Forbes stated that he was concerned with the steep topography of the land involved in the proposed C-2 zoning area with a depth of 6001. He did not believe that a road could be built there considering the slope of the land and the amount of fill which would be required. Mr. Paul Paynton, a Registered Civil Engineer, stated that he had looked over the site with Mr. Wade, and with fill and terracing the road could be constructed. Much discussion ensued regarding the topography of the land, drainage, road construction, and the proposed depth of the C-2 area. Council Member Turville stated that he felt it was not in the best interest of the City to zone that particular area C-2. Council Members Cole and Pool expressed their preference for the proposed 600' commercial area because it would allow for more setback from Highway 50 and stop the creation of a 300' commercial strip along the highway. Mr. John Fleming stated that in his opinion the area would be ideal for Planned Unit Development (PUD). At this point in the meeting, COUNCIL MEMBER POOL MADE A MOTION TO TABLE THIS MATTER UNTIL THE NEXT COUNCIL MEETING. THE MOTION DIED FOR LACK OF A SECOND. Mayor Beals expressed his concern for this development in relation to the City's Comprehensive Plan which discourages intensive construction of housing units in flood prone areas and areas of extreme slope, and finds it to be environmentally hazardous to allow high density develop- ment in lake areas. 83- After a great deal of discussion, A 168 DUPEE, SECONDED BY COUNCIL MEMBER -T TIMEvTO STUDY MR WADE'S NEW REZONING REQUESTS. MAYOR BEAL`u VV'rrU Lmr RESOLUTION NO. 448 - INDUSTRIAL DEVELOPMENT BONDS FOR LAKE HIGHLANDS NURSING HOME City Attorney Baird explained that Resolution No. 448 provided for the issuance of Industrial Development Revenue Bonds by the City 83- 1.00 83- 17 ® CITY OR CURAIONT MINUTES REGULAR COUNCIL MNE'P7NG Soptembor 27, 1.903 Pnge -5- to finance the cost of the Lnke highlands Nurning Home and Retire - Mont Center expansion project in an amounL• not exceeding $2,900,000. MANHOLE REPAIRS City Manager Forbes reported that Altair Maintenance Services had repaired the City's manholes which were damaged by hydrogen sulfide. All of the manholes were repaired, but during a warranty inspection it was found that the final sealant was not adhering to the deeper manholes. Subsequently, two other resealings also failed. The Company has now tried a new material called Sauereisen #33 Coating on one manhole, and it is working properly. Altair Maintenance now wishes to complete the warranty work and repair other manholes for an additional 10% to cover the cost of the new material. It was recommended that Altair Maintenance Services provide a Per- formance Bond or that 108 of the payment could be withheld for the one year warranty period if they are allowed to repair the additional twelve manholes. EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY It was reported that Mr. Baird's Employment Agreement as City Attorney expired October 1, 1983 and should be renewed. The agreement remains the same as last year with a retainer fee of $500 per month with ad- 83- ditional compensation at $60 per hour. After some discussion, A MOTIO 171 WAS MADE BY COUNCIL -MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER RUPEE n.... F.MPT.(IVMF.NT AGREEMENT WITH There being no further business, the ting adjourned at 10:00 p.m. ,L• ,('i lti Yu CHARLES B. BEALS, MAYOR ATTEST: 7 r(,14 +AOUNDERS, CITY CLERK