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04-26-1983 Supporting Documents® CITY OR CLPP.AIONT MINUTES RI;QUI.,AR CITY COUNC:LI, MXEITINN ApvIl 26, 1.983 A Roqu:Lar Moet.l.nlr of the: City CounclL of the C.Lty of Clermont was held Apr-11 26, 1983 1.11 the C.Ity COUIIC1.1 Chamber:;. The Mectint; wan called to order, by Ma;/orl I1Qn1.,s at 7 ; 30 1-,), vifth the 1'ollowinf, Council. Members In attendanco: Mayor Pro Tom fool, Lester Cole, Ann Dupoe, and HUI ' UrIvIlic'. Other City (i1'VICiala pvicex;nt; were: C.I.t,y Manager- Porbeu, City Attorney Bnlyd, arrd Deputy C.I.ty C10Vk Brandt. The :Lnvocation was offered by (,IiLy M:.rnal;cr Vovbes, followed by the ropeat:inf, of the fledge of Alle1{Lance by ;ill present. MINUTES The M.lnuteu of the Regular Mcoting hold April. 12, 1983 were approved as presentod. CITY MANAGER'S REPORT BLEACHERS FOR KEIILOR PARK TENNIS COURTS City Manager Forbes reported that at the April Meeting of the Parks and Recreation Board, the Board had recommended that half of the cost for bleachers at the Kehlor Park Tennis Courts be paid by the City and the other half' should be paid through citizen donations. The cost of the bleachers would be approximately $1150. Council Member Pool asked if' costs were shared for the benches at the shuffleboard courts and Little League fields. Mr. Forbes explained that in the past, various groups had shared the costs and donated their time for different projects. No one group sponsors the tennis tournaments frequently held at the Kehler Park Courts which makes it more difficult to collect funds' for the bleachers. After some discussion, A MOTION WAS MADE BY COUNCIL.' MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO HAVE THE CITY PAY THE TOTAL COST OI'' THE BLEACHERS. Upon clarification of who would actually -- 83-066 pay t e costs, MR. COLE WITHDREW HIS SECOND AND THE MOTION WAS DEFEATED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER POOLS VOTING AYE. After further discussion regarding who actually uses the courts, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY LEASE AGREEMENT - KEHLOR PARK RECREATION BUILDING City Manager Forbes stated that a lease agreement between the Lake County' Council On Aging and the City had been prepared which would allow the Council On Aging to utilize the Kehlor Park Recreation Building for a Senior Citizens Center Annex. Mr. Forbes passed out draft copies of the agreement to the Council, and asked for their comments on the agreement. City Attorney Baird stated that in looking over the lease agreement, every- thing appeared to be in order but the Hold Harmless Clause. He felt that the City should not put monetary limits of $100,000 and $200,000 damage to the tenants, and that this part of the lease should be rewritten to reflect any amount claimed against the City. After some discussion, it was the consensus of the Council to have Mr.. Baird rewrite the Hold Harmless Clause of the Agreement, and to 'notify the Lake County Council On Aging of our intent to present for their approval a lease agreement for the Kehler Park Recreation Building. ASPEN -EMERALD LAKES - PRIVATE GARBAGE COLLECTION It was stated that the owners of Emerald Lakes Mobile Home Park had asked permission from the City to collect and dispose of their own garbage and refuse. The owners have purchased a garbage truck to service all of the parks they own in Lake County. Mr. Forbes stated that our Ordinance ® CITY OF CLRRMONT MINUTES REGULAR (,'ITY COUNCIL MISE'i':LNG Apr.L1 26, 1983 Pitl:e -2- providee for thr... owrsor.:s of the property whIch produces the rePurso to dispose of i.t, and that he eOUld :see no Iirohlensn l.f' I'merald Laken Mobile Ilonso Park virtu permitted to do :so, I:nitlnll.y IA; would aft'oct the City ,lonettlt-ily, but Ill the lone; run the City might bo hotter off allovrinir them to co:iloct the.l.r, own gto,bap',o and refuse. City Attarnuy ball-0 :N;ttted that; tiro Intent of the cxl.:;t t.ng Ordinance appeared to be to a.1.10vi an "Individu;:d. property owner" to dl.;poce of hits own Ind.tvidual rcfu:sc, and the procedure .i.s outlined. However, the Ordinance doer not :31)ec.Lfleally addresses the matter clot, the "owner" of several unite within a l.;argc cortplor.. Ile felt- that the Ordinance :should be viewed in term:; of policy because a franchise agreement might be needed to allow the servlcInir of oo many unites. It was suggested that the Council make a doclelon a:: to whether It will allow a large complex to daepose of l.ta own refuse and Ivarbage or require at to have a franchise agreonsent. City Managor porbc:. stated that he felt as Ion[,, as the "actual ownern" of the park picked up the f;arbage, no franchise agreement would be needed. If' the "owners" had someone else pack up the garbage, then a franchise agreement would be needed. City Attorney Baird reiterated that the intent of the Ordinance was to allow an "individual. property owner" to dispose of his garbage, not a large complex with many units. In the past, the City's position had been that an operation such as Emerald Lakes is proposing would require a franchise agreement. If, the Council allows Emerald Lakes to collect their own garbage, the Ordinance should be amended accordingly to eliminate future problems. Council Member Pool asked how allowing them to collect their own garbage would affect the City financially, and City Manager Forbes stated it would cost about 5% of revenues initially, but as the City grows vie would be 83-067 better off. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER TnRVTr,r.E_ SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED THAT OLD LIBRARY BUILDING - SOUTH LAKE COUNTY COURTHOUSE ANNEX City Manager Forbes reported that Council Member Dupee had asked him to check on the status of the County using the old library building as a courthouse annex. Ile stated that he had spoke to Commissioner Smoak and that the County was in the process of looking at other counties' annexes and should be able to decide by the first part of June if they will use < the old library building. Commissioner Smoak also asked for a firm commit- ment from the City for the building. City Manager Forbes stated that should the County decide to use the building, he had already notified Lake -Sumter Community College of the City's intent not to renew their 83-068 lease on October 1, 1983. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLC,SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY ' TO PLACE A SOUTH LAKE COUNTY ODUKThUUSL ANNI A 1N '11tin nul1,2L42. STATE HIGH SCHOOL ROWING CHAMPIONSHIP - MAY 111, 1983_ It was reported that Mr. Bill Ray had asked permission from the City to hold the State Rowing Championship at Lake Minneola. After some discus= sion, it was the consensus of the Council to allow the State High School Rowing Championship to be held at Jaycee Beach on May 14, 1983• LIGHTING - ELEMENTARY SCHOOL BASKETBALL COURT City Manager Forbes stated that a member of the Parks and Recreation Board brought to his attention that people playing night basketball at the elementary school court were using the lights at the tennis court to ® CITY OF CIZINCNT MINUTES Fil-;(JUl,AR CITY COUNCII, ME,1"T1110 April 26, 1983 —3— l.il:;ht the basketball courL. It wa:u dl.ocussed that; this a.s it very in- ef.f.i.cient usC of electricity and sug["ested that a 1.1.15tst pole With a tamer be Irllitalled for tide basketball, court. After 'some diccusa.i.on, It war. the consonsw: of tine Counal.l to l:rwe clity Mnnalfcr, Forbos approach the olomentary school about Installing the light with a timer at the basketball court. CITY PROPER7!Y Old MOHAWK ROAR City Manager Forbes reported that he had recclved a request from a local Real Estate Broker about purcha,;ing City property on Mohawk Road described as Lots 2 through 111, Benrict Ileaghtn Subdivision. Mr. Forbes stated that if' the City washed to sell the property, It should be declared surplus property and put up for, bids. Mayor Beals stated that the property had been used as a dump In the early s:1.xL':ies. Council Member Turville asked of the property could be used as a site for the Public Works Department? Mr. Forbes stated that it was doubtful because the topography of the land made building questionable. Council Member Pool asked If the rite could be used as a landfill in the future. After some discussion, It was the consensus of the Council to have Mr. Forbes check with the County to see If It; would be feasible to use the property as a landfill, and not con- sider selling at this time. 1983 ST13EET OVERLAY PROGRAM .It was reported that the 1983 Street Overlay Progam was halfway completed.7. Mr. Henry Czech, present in the audience, suggested that the pavers warn` the citizens when their property would be blocked because he was unable to get in his driveway for most of one day. CITY ATTORNEY'S REPORT CONDEMNATION PROCEEDINGS - 6110 LAKESHORE DRIVE City Attorney Baird reported that the property owner was in the process of obtaining bids to have the burned home demolished. COUNCIL MEMBER DUPEE'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL It was reported that at the last monthly board meeting of the ECFRPC, all members were briefed on possible bills pending before the legislature,. and a brief synopsis of the some bills was presented. LAKE-SUMTER COMMUNITY COLLEGE ADVISORY COMMITTEE Mrs. Dupee reported that the first meeting of the Advisory Committee would be April 28, 1983 and that the College was asking for citizen input on the type of courses to be offered by the South Lake Annex. COOPER MEMORIAL LIBRARY Council Member Dupee gave a brief report- on the luncheon honoring all volunteers at Cooper Memorial Library. COUNCIL MEMBER POOL'S REPORT Council Member Pool commended the City on its cleanup efforts after last Saturday's tornado. COUNCIL MEMBER TURVILLE'S REPORT ORANGE COUNTY CONDITIONAL USE PERMIT Council Member Turville stated that he wanted someone from Clermont to represent the City at the Public Hearing regarding Orange County's request,: for a Conditional Use Permit to build a sprayfield in South Lake County. He asked Mr. Buck Evans who was present in the audience if he would be the City's representative. Mr. Evans stated that he would do so, of he ® CITY OF CLERMONT MINUTES 10:0111,Ali CITY COUNCIL OEKTIPIQ April 26, 198:3 flat"e -4- and Mr. B.1.11. Dal.7.ey eou'trl babh rcprascnt the C.ft:y. f.t wa:.r the consensurl tha city at the llearing. of the Co.rnc].1 to have both l;entlemon roprleisent MAYOR'S REPORT WORKSROP M11;I:'fi:f%1 Mayor Beale; stated that a Work:;hop h1ecb.tng wa:s needed, and :suggestod Tuesday, May I'Mi I'rorn 7:00 to 9:00 p.m. After some discussion, it Was the consonsu:; of the Council.]. to bold fl Workshop Meeting on that date. Vlo,lTOHS WITH BUSINESS BID AWARD - JAYCEF, BEACH CONCESSION STAND Mr. Kyle Woodard appeared before the Council to discuss 111s proposed lease for the Jaycee Beach Concession Stand. Mr. Woodard stated that there, were areas within the lease which he wished to have modified: (1) Because he is paying $175 per month rent, he would like (t open for speclal events bef'ove Memorial Day and after Labor Day, 2) As part of the agreement, he is supposed to clean the public restrooms, and would lake the City to furnish some of the cleaning and restroom supplies,, and (3) Ile would like the City to f'ix the flashing on the building which was damaged by last weekend's storm. After much discussion regarding the cost ocemdfhiood of the concession s sna nd in the past, and reduingthe rent iMr. rdarfurnishedall ofthe supplies; Mayor Beals suggested that the rent remain $175 per month and the City would furnish cleaning and restroorn supplies. After further discussion,' 83-069 A MOTION WAS MADETBY ER COUNCIL MBMBmn n2OnrnmSMROND'ODARDC0UP 0 OSALBTV PAUL HOBENSACK - REPORT ON SOLID WASTE AS AN ENERGY SOURCE Mr. Paul Hobensack of the Clermont Lions Club appeared before the Council to present a report on the possibility of using solid waste as an energy source for the City of Clermont. After much discussion and input from various members of the audience and Council regarding the costs involved, and the feasibility of using such an operation in Clermont; Council Member Pool thanked Mr. Hobensack for his presentation and asked that he present more data on cities using solid wastes to generate electricity, before any decision on this matter can be made. Mr. Hobensack was asked to present his findings at a future Council Meeting. Council Member Cole left the meeting at this point due to an emergency. SITE PLAN REVIEW - 857 EAST MINNEHAHA City Manager Forbes stated that in 1979 Mr. Don Tracy was granted a Conditional Use Permit to operate a real estate and wholesale plumbing business at 857 East Minnehaha. At that time a CUP was needed because a wholesale business was not allowed in the central business district, however, our new ordinance has changed this. In March of 1981 Mr. Tracy was granted a side and rear yard variance for the building with the con- ditions that the old building be torn down when the new building was be completed and that theTheobuildin e of all haspipe beenand tornther materials down. However,wMrould . Tracy inside the building. g now needs outdoor storage. Mr. Tracy appeared before the Council to explain the reasons for altering -, his original site plan. He explained that the outside storage for the pipe was inside a fenced -in area, and that he would be willing to put some type of slats or lacing in the fence to screen it from public view. ® CfTY OF CLPRAIONT 0 MINUTES I1.I';(111LiAl; CT.'1'y COUNCIL f41.i1,s'PIIJ(I Apra.l 26, 1983 Because tho par,kInP, at; the now buildIng hi now d.if'£crent, Mr. Tracy requested to e11m7.nate tho shrubs to the c;outh of the bulldlnq which would have boon a buffer between 'rroptcana':s property and has own. Tho 57' ,Joint use clr.i.vcwn,y Lcc :Locates] In thl i area. Approval of those rev.ts.l.ons would allow Mr, 'Trey to obtain hta final Certificate of Oc- 83-070 cupancy, AL'tor ciornc d:1.;1C1115S.1.011, A MOTION WAS MADE' BY COUNCIL MEMBER OLD 1311811JESS FUNDING FOR WATER LINE TRANSPERS AND REPLACEMENTS Mayor Beals reported that for. Preston Davis, Utility Director, had requested that the water line transfer and replacement project be con- tinued. An additional $2,200 1:; needed to complete the line transfers and $11,608 to continue the line replacement, or a total of $13,608 to be funded from the Improvement, Repair and Replacement Fund. When the original funds were budgeted, the City intended to complete the trans- fers over a few years' period of time, however, increased water quality, customer satisfaction from the project, and the fact that the part-time crew works so well together makes it worthwhile to continue the project now' After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, 83 -ara SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT A THE TWO EXPE14DITURES TOTALING $13,608 TO CONTINUE UPGRADING THE WATER SERVICE AND TO BE FUNDED FROM THE IMPROVEMENT REPAIR AND REPLACEMENT FUND. SOUTH LAKE FIRE DISTRICT DISPATCHING AGREEMENT - Mayor Beals explained that two years ago the City entered into an agree- ment with the South Lake Fire District to provide dispatching service. The agreement was renewed in July of 1982 and expires on April 28, 1983• The Fire District is requesting renewal of the agreement. The new agree- ment would increase the City's fee for the service to $40 per month. Council Member Pool asked if the Fire District was aware of the proposed fee increase, and City Manager Forbes stated that they had been notified. 83-071 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED NEW BUSINESS ORDINANCE 2311-C - INTRODUCTION Mayor Beals explained that Ordinance 2311-C was a proposed ordinance which would have proposed amendments to the charter regarding the municipal election dates placed on the ballot. The changes would allow the municipal elections to correspond with the County, State and National Elections. Council Member Dupee asked if there was any point in going through with this because she understood that a proposal to have each county set its election day had gone through the State House Committee. Mayor Beals stated that he understood that each County Supervisor of Elections would be responsible-' to establish uniform municipal election dates throughout the county, and felt if the City of Clermont took the initiative in this matter, the county might choose to use our election dates. City Attorney Baird advised that the State Bill would not be placed on the ballot until November, and the City should go ahead and pass this ordinance because it could be revoked at any time before the next municipal general election. Mayor Beals asked for clarification of the term "general election" in Section 2, which City Attorney Baird explained as meaning the next city general election. Council> Member Dupee stated that she felt the wording in Section 2 should be more specific than the words "changing the date". Mayor Beals suggested that the wording be changed to read ."relating to municipal elections conform- ing to other county, state and national elections". After much discussion, CITY OR CLP:RAIONT MINUTES l(KOULAR CITY COUNCI , MK.ETrH(l Apr.Ll 26, 1983 Psige -6- ORDIIJAHCHI 235-C - VG;IIICLIs/L'Oti'1'nf ids 31(ills Mayor Beale explained that the proposed ordinance would limit the period of time a portable s.Lgn may be erected to thirty days, and only one permit per year per business would be granted. After sonic ciscussion regarding a recent court ruling; regarding the unconstitutionality of banning the olf.,ns, COUNCIL, MEMBP,R `PURVILLE INTRODUCED ORDINA,.NCE 235-C - VEHICLE/ ORDINANCE 236-C - T RAPPIC Mayor Beals explained that Ordinance 236-C clarified procedures the Police Department must use in issuing parking citations, and clarifies City Policy on traffic control. Tills ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER POOL BY TITLE ONLY. FORECLOSURE ON LIENS - 1970 REVENUE BONDS It was reported that several people were delinquent in paying their sewer assessments. These assessments had been spread over a ten year period of time, and the final payment was due in April 1982. Since that time two notices had been sent out, one by the Finance Director and one by the City Attorney. City Attorney Baird discussed several ways of handling the delinquent assessments, and stated that you cannot just ignore them. The Bond Ordinance requires that some action be taken. IIe further explained that State Statute outlines a rigid procedure to 83-072 follow fore foreclosing on the liens. After some discussion, A MOTION WAS 83-073 MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO PRO CL"GD IlITII THE PRESCRIBED LEGAL ACTION TO COLLECT THE DELINQUENT SEWER ASSESSMENTS. A MOTION Y[AS MADE BY COUNCIL MEMBER n nn T. erennrnrn Rv enu NCTL MEMBER DUPES AND UNANIMOUSLY CARRIED `f0 RELEASE The Meeting adjourned at 9:15. 41eB � �ley. Beals, Mayo- r ATTEST: Jul e M. Brandt-, Deputy City Clerk AQENDA CI'l'Y OL' CLI:I�h1ON'l' REGULAR CITY COIINCII, MELTING 7: 30 p.m., TLIC' day April 12, 1983 CALL TO ORDER INVOCATION MINUTES Approval of Minutes of Regular Meeting held March 22, 1983 Approval of Minutes of Special Meeting held March 29, 1983 Approval of Minutes of Workshop Meeting held April 5, 1983 REPORTS City Manager City Attorney Finance Director Mayor Council Members VISITORS WITII BUSINESS City Engineer - Report on Treatment Plant Expansion Williams Steel - Conditional Use Permit Andrew Morris - Conditional Use Permit Marino Thomas - Request for Extension of Sign Variance OLD BUSINESS Final Reading of Ordinance 232-C - Amending Chapter 11, Ilealth 5 Sanitation Final Reading of Ordinance 233-C - Amending Chapter 14, Offenses Resolution No. 423 - Amending Bond Resolution No. 394 NEW BUSINESS Appointment to Planning and Zoning Commission City Election Dates Memorandum of Understanding for CETA Summer Youth Employment Program ADJOURN Memo to: City Counci..l. From: City Managor. Subject: Weekly Memo Date: April 0, 1903 UTILITY DE•.PARTMENT The Utility Department- has transferred 165 individual service lines, to date, and abandoned many old water mains. This is having a very positive effect on water quality for our resi- dents. Work on the water line transfer project should be complete in about 2-1/2 months. However, we will need some additional funding to complete this project. This matter will be placed on the Council Agenda for our April 26th Meeting. PUBLIC WORKS DEPARTMENT The Public Works Department has been patching streets and re- pairing sidewalks this week. We received a request from Emerald Lakes to allow them to collect their own garbage. The management owns other trailer parks in Lake County and has purchased a garbage truck for their collections. Our Ordinances allow collection by the owner. QUINCY'S RESTAURANT Quincy's Restaurant is progressing rapidly and should make a fine addition to our community. They have requested to be allowed to construct a chain link fence with redwood slats instead of the shadow box or picket fence approved by the Council. We believe that this change is reasonable, since it will still serve as a buffer between the restaurant and other uses. CEMETERY MONUMENTS Bonard Pitts has agreed to reduce the size of an existing monu- ment in our cemetery so it will comply with City standards. This will be done by the end of the month. 201 PLAN A Public Hearing (which is required by law) on the City's 201 Wastewater Plan has been scheduled for May 5th at 7:00 p.m. in the Council Chambers. You are encouraged to attend this meeting. CITY MANAGERS' MEETING The State City Managers' Meeting is scheduled to be held in Clear- Pago -2- Weekly Memo April 0, 1903 water on April 20th and 21st. If there are no Council objections, I am planning to attend these meetings. CHAMBER OF COMMERCE Attached is a letter from the Chamber of Commerce requesting that they be allowed to lease the Kiwanis Room for an additional $20 per month. They have requested that• the Kiwanis Club take a posi- tion on this matter since they donated the furniture in the room to the City for public use. PARKS AND RECREATION BOARD An important• meeting of the Parks and Recreation Board will be held next Wednesday, April 13th at 7:00 p.m. in the Council Chambers. All interested Council Members are invited to attend this meeting." Their agenda is attached. BUILDING DEPARTMENT Attached is the March Activity Report for the Building Department. The following permits were issued: one for a new residence,._fif- teen for additions and repairs, and thirty-nine of all types. FIRE DEPARTMENT The March Activity Report indicates that there were no structural fires, and only one auto fire. (Report attached). US 27 AND HOOK STREET INTERSECTION The DOT has notified us that their Traffic Operations Section will be conducting an investigation of this intersection. LAKE COUNTY POLLUTION CONTROL BOARD The next meeting of the Lake County Pollution Control Board is Monday, April llth at 7:30 p.m. on the fourth floor of the old courthouse in Tavares. PLANNING AND ZONING COMMISSION A draft copy of the Minutes of last- Tuesday's P&Z Meeting is en- closed for your review. LEAGUE OF CITIES MEETING The next meeting of the Lake County League of Cities will be held CLERMONT uo IT nr.L ...,. 1 I1 Il_�111` INSURANCE JUST GIVE US it CALLr 1 ' AGENCY r P.O. Box 7 / 027 Montrosu St. / Clormont, FL 32711 1004.394.6677 Apr:L]. 4, 1984 TUt CLERMONT CITY COUNSIL AND c1,11Y-61ANAG1?R FRUMs MARINO THOMAS i ant requesting a one year extension on the varience for my sign .Located on Highway 50. 1 would like to have the var-` icnce continue throught t•.he 13th of April 1984. 'Phis property will probably be developed with in the next year and the sign will have to come down any -way. As you know, I can put up a 64 sq. ft. sign with out a varience, but to avoid the additionla expense of putting up another sign I am asking the counsil for this extension. 1 would alos like to assure the counsil that the sign will be Laken down completly by the 13th of April 1984, and that I will not: ask for another varience. Sincerel yours, - M rino '.homas lnsura ce Agent kmg/M' TONY W. HONEY POST OFFICE 80y. 914• CrI MON9.', FL 32711 April 4, 1983 Mr. Harold S. Turville, Jr. 150 W. Minnehaha Avenue Clermont, FL 32711 Dear Hal, I regretfully submit my resigiation to the City of Clermont Planning and Zoning Comdssion, effective immediately. Recent changes in my job status make it necessary for me to be out of town and unable to attend the meetings. I apologize for the tardiness in notifying you of the situation, you were the one responsible for my appointment and I hope that this has not breeched your confidence in me to serve in a public service capacity. Please convey my decision to the proper authorities. I look forward to being of service to my community in the future as the opportunities avail them- selves. Thank you for help in this matter. Very truly yours, Tony W. Honey TWH/nb L090NA940D H. HAAHAD. DHAP. ATTCl/IIIKY AT LAW I+OVt .11.CK -AWKII IO V.S V 1,19142110NT. V1,01110A IIYSIL tLl[I�VONL (D V.) iD1D II. April 12, 1983 Mr. George D. Forbes City Manager P. 0. Box 219 Clermont, Florida 32711 RE: MUNICIPAL ELECTIONS Dear George: Pursuant to request by the City Council I have reviewed the provisions in the City Charter and the Code Of Ordinances relating to elections, more specifically, the date of the general election. It is my understanding that the City Council is considering changing the date to coincide with the State of Florida general elections. As a matter of procedure, it will be necessary to take the following actions: - 1. Adoption of an Ordinance submitting the following Charter amendments for referendum: a. Article II, Section 6 (b). Amendment should be adopted changing the dates to 1st Tuesday in November. b. Article II, Section 6 (d). Amendment should be adopted changing the date to 1st meeting in January. c. Article III, Section 24 (a). Amendment should be adopted changing the date to lst Tuesday in November. d. Article III, Section 25. Amendment should be adopted changing the date to 3rd Tuesday in November. 2. After the referendum, an Ordinance should be adopted amending the following section of Chapter 7 of the Code Of Ordinances: a. Chapter 7, Section 7-1. Amendment should be adopted changing the date to 1st Tuesday in November. The foregoing amendments would provide for an election in November. In the event no candidate received a majority of votes, a run-off election would be held two weeks later. Alternatives may be considered as follows: Mr. George 1). Forbes City Manager April 12, 1983 Page 2 1. Amend the Charter to provide for election of the candidate who receives a plurality instead of a majority. This would remove the need for a run-off election. 2. Amend the Charter to provide for a primary election the tat Tuesday in September after Labor Day. On even -numbered years, this would coincide with the State primary. There is no State primary on odd -numbered years; however, there is a county -wide election. In the event there were only 2 candidates for each office, the primary election would not be held. It is my understanding that the Countil has discussed at length the second alternative and I have therefore prepared a draft Ordinance for your review. Very truly yours, LEONARD IL RAIRD, JR. City Attorney LHg/rpe E ORDINANCE NO. 0 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE, CITY OF CLERMONT, FLORIDA, SUBMITTING TO TTIE ELECTORS OP THE CITY OF CLERMONT PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CLERMONT: PROVIDING FOR PRIMARY ELECTIONS FOR CITY COUNCILI PROVIDING FOR A GENERAL ELECTION1 PROVIDING FOR THE PLACING OF THE PROPOSED AMENDMENTS TO A VOTE OF THE ELECTORS AT THE NEXT GENERAL ELECTION, AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. PURSUANT TO CHAPTER 166.031, FLORIDA STATUTES, 1983, the following proposed amendments to the Charter of the City of Clermont shall be submitted to the electors of the City of Clermont: I a. Article II, Section 6 (b) shall be amended to read as j follows: Article II 6 (b): Council seats. There shall be five (5) council seats numbered 1 to 5 consecutively. Any elector of the city may qualify for any one of the said five (5) seats. *The present members of the City Council shall hold their seats for the term of office for which they have been elected. Seats numbered 1, 3 and 5 shall be up for election for a period of two (2) years the lst Tuesday in November, 1984 (and every even -numbered year thereafter). Seats 2 and 4 shall be up for election the lst Tuesday in November, 1983, (and every odd -numbered year thereafter). However, Seat number 3 shall henceforth be designated as the Mayor -Councilman's Seat, and the person elected to that seat shall serve as Mayor for his two-year term. He shall assist in developing community policies and work with the Council to develop these policies and interpret them to the public. He shall represent the City at official functions, appoint advisory committees, coordinate their work, and maintain contact with other governmental agencies and civic groups- b. Article II, Section 6 (d) shall be amended to read as follows: Article II Ci (d): Oath. bloated officials shall take the oath of office during the :last• regularly scheduled Council meeting in Novomber of the year in which they are elected. C. Article III, Section 24 (a) is hereby amended to road as follows: Article III, Section 24 (a); Regular Elections. The regular city election shall be held on the 1st Tuesday in November in each year. d. Article III, Section 25 is hereby amended to read as follows: Article III, Section 25: Primary Elections. in the event there are more than 2 candidates who qualify for any seat, there shall be a primary election on the 1st Tuesday after Labor Day in September of each year. In the •event one of the candidates receives a majority of the votes, he shall be declared elected. In the event no candidate receives a majority of the votes, the 2 candidates for whom the highest number of votes were cast shall stand for election on the 1st Tuesday in November. SECTION 2. The proposed amendments shall be placed on the ballot at the next general election held within the City of Clermont by the following questions: Do you favor the proposed amendments to the Charter of the City of Clermont, Lake County, Florida, as proposed in Ordinance No. relating to changing the date of the City Counci elections. SECTION 3. Upon a favorable vote of a majority of the electors voting in the said election, the amendments shall be incorporated into the Charter and the revised Charter shall be filed with the Department of State of the State of Florida, at which time the revised Charter shall take effect. SECTION 4. . This Ordinance shall be posted -at the City Hall until after the general election. SECTION 5. This ordinance is adopted pursuant to the Charter of the City of Clermont and the general laws of the State of Florida 6 and shall bocomo off•octivo upon ita pannago and approval. [SASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF C1,XRM0NT, LAKE COUNTY, FLORIDA, L•ho day of , 1983. CITY OF CLERMONT By. Mayor .J tF 2 r a m m a A N r a m •n o D N — C N A -{ c -{ — t N A r a S ai -1 r m -{ po S cr H r z -{ • • N m Al M O C m -{ vw N m m pD O C n -• 0 rf rr m 116. a ;0 o •n D m -{ c m O e a N O p 'n A m -{ C ad A� o r a m m r a0 r r D GV m m m v r 13:x r p :D r � o a v 0 A • N m a N (A2 m n :07 N ro N 0 N m m y (C N N N m B d 1i IF N O' V CM 1 — o n n a M 0 LAp o 0 - N o m -{ n n _ O (D O vl O -• J O — O N m V N o M N m ..1 O d rr w 0 o p Ip N coO 0 O •' N O m •n. ad n m m m m n O b v o a 1D D w o •-• IJ a 1-• D d -{ c m z 0 D t V O r P r- i-• a N z m m0 m w 0 ° o m C v F o N MN Iv: d r m < 0 aD 1 N N 0 O O N r-• A m w mo N O j A ° m p d m b A O N W m Ol In t o rD O d Vt D� N m� O N m 9 N i p D d m R n O d O m n 0 I.RECEIVE-D APP 71983 CL,EIRMONT - MINNI!,OL.A ARMA C.IIAMBER Oli' C(.)1VIMERCL :fill ISAHP IIIIIIISVAY nu P.O. I111X •117 1'I.1.:I!\II IN'1', 1•1.111,1111A 31711 ' 1I ON 1: I110-41 :1114.4110 April 5, 1983 Ceorgo 1'orhes City Manncer 1 IVestnatc plaza Clo•mont, Pl. 3271.1 Door George, The Clermont Chamber of Commerce i.s interested in adding the dosi.gnated "Kiwanis P.00m" to its office space. During the past tl.'o years that the Chamber office has been in Jenkins, the Kiwanis Room has been used very little and mostly by charge exempt groups such as Little League, etc., and only once a year. In fact, lately these groups have used the lobby rather than the room. I feel the Chamber can make a much better us of the room, and such use will not he detrimental to any local organizations. Based on present utility costs, the Chamber is willing to pay an additional $20.00 per month for the added space. If the Kiwanis Club desires separate negotiations for the the use of the furniture, the Chamber will be happy to discuss it with them. Ily cony of this letter, it is requested that the Kiwanis Club notify the city as to its position and then the city notify the Chamber as to leasing. Sincerely, Copy to: a% . cartes Kiwanis Club Executive Director It I I; ST 1:()lt (:()It d! t iolla I th;c P V I , 1111 t DATT 1: 01) I'lld OWNI:R: Andre(•i A 1) 111, 1 C A NT: Same 1) 110 111: ItTy : 610 Nest Lakeshore 1) )'1 V c LOCATION: Northwest Corner of . Lake Avenue and West Lakeshore 1)1.ivc - Logal attached 1.0 N I N(; It - I -A S'illOV 1:01161Y To add a Carport to an existing duplex. See attached site plan. COMMI:NT, This house was years ago, and .dLIpICX Many - C" , built ase;IfamilyS, Ill a single a 1111 1 y ( It - 1 - A 1 zone makes I t s location it a I I o I I c o I I fo r III i, I I g I. I s c Section 26-40 of our ordinance allows nonconforming . to continue, based -oil oil the principle that laws he applied retroactively. In other words" ,-Ilonl(I not because this duplex was constructed before this prop- erty was --olled R-l-A Single Family, it may continue ilowever, tile zolling 01 ance prohibits to exist. -d i n- the substitution Of it new or different nonconformity pallsion oI, :1 nonconforming and the ell 1:1 rt"ement or expansion use, so permit. except ivitil a Conditional II., Our ol.(Iill;lllc(, states that any building Classified os nonconforming .01.111illl,, call be expanded only when: A. It is determined that !;Ilch enlargement or expan- sion i, detrimental to the distri.ct s not obnoxious or deti in which it is located. B. 'rhe denial of a Conditional Ilse Permit would create all 1111110ces,.,ary hardship on the owner of the nonconformi.ng, use. Iqllilc the requirement of 3 cup to expand a nonconform- it be remembered ing use Ili a y seem stringent, should that the entire purpose behind our regulations is to encourage the elimination of nonconforming uses in the future. Mr. Morris has requested two variances to expand the Use Of this building as follows: A. In May of 1977 Mr. Morris was granted a variance and storage area addi to construct a small carport to this holldhig, but construction did not begin tioll within one year OF the request, and the variance ex- pired. .1 Morris CUP Page two B. On March 2, 1982 the City Council approved a Cup to allow Mr. Morris; to add a 125 square foot room to his house. Mr. Morris now requests another CUP to allow him to construct a 16' x 46' carport and a 10, x 43' enclosed porch, Ills site plan and request are for a carport, but Mrs. Morris has informed us that behind the carport will be an additional bedroom and bath. 'rho rear part or this building has :already been enclosed, and a Stop Work order was issued by the Building Department. until. the Planning and Zoning Commission and Council act on this matter. To further complicate the issue, Mr. Morris and the adjoining property owner to the north have a dispute on the location of Mr. Morris' northern property line. Bach owner seoms to have deeds that contra dict each other. Tf this CUP is granted, we would recommend that tine following conditions be met: ].. The property must be developed in accordance with the approved site plan. 2. No ildingrshallnbeoperrmittedaaexceptaasltapproved this building P by another Conditional Use Permit. 3. All applicable rules and regulations shall be met, including final site plan approval 4. This property may be used only as a duplex res- idence. s. The final Certificate of Occupancy cannot he issued until all of the above conditions have been met. 6. This permit shall expire if construction has not begun within one year of the date of this CUP. 7. If any of the above conditions is violated, the applicant understands and agrees that the City may revoke this Conditional use Permit by resolution. PREVIOUS ACTION: The Planning and Zoning Commission at its meeting April 5, 1983 made the following recommendation: THAT MR. MORRIS BE PERMITTED TO COMPLETE CONSTRUCTION OF A 10' x 43' SCREENED PORCH AT - mux 11 THE REAR OF THE BUILDING: STORAGE SPACE NUT TV I'AIzmw / A iv + REAR OF THE CARPORT, TO BE LINED UP WITH THE REAR OF THE CARPORT; AND THE CARPORT. . "I,0 THE ZONING BOARD OF ADX'gTMENT ��(ll( .a•S,f G OF THE CITY OF CLERMONT, i .:RIDA (• K ii APPLICANT NAME, --- ADDRESS: L_�- �(j Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make o y application to Your\Board for relief fr omsa decision of the Building Official of the City Repair ( ), Add to aN ), Alter ( ), Construct ( ), Move and Place ( ), a (sign) building on lot/s I Block Subdivisionl�a,tlG((cr,�;l Address_(�I i."11�si:J1� ,Zone 1\ 1-4— Section of Codu l`u�li"1ilUctix `. c in the City of Clermont, Florida. Code - -3j > y;.,; , .,�r,�c,,,�,1„.l�:�s: The reason given by tie Buildi g Official for the decision in refusing to issue a building permit is: My appeal to your Board is based on my contention that this decision creates a hardship on me for the following reason, or reasons:, T- 0"i M'� Cc�PQ�K1 t►v0 SrO0,01A ?1%0T 1000ID Ree Sibs F1 C-nor- G, E 0'*"k „fir.,z-} SIHb 111 })S )41) �follrr'vhlfls pallll�tj) Seven (7) copies of all necessary floor plans, plot plans, and other'"pert en-C"infor- mation are attached hereto, on paper size 81" x 14" miniimim size. I submit that I qualify for this variance because 1 have an exceptional and unique hardship on my particular parcel of land .that is not shared by property owners in my area. andtthetgrantingtofnthistvariance willinotcalterrthesessentialecharacterlofuthe oaf rmea land I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, construction of the structure must be completed within one year from date of grant. Date: 7� -- Very truly yours, 5/17/77 IX. SITE OR 'LOT PLAN ro, Apphc it tilt IF I it It ` CITY DF CLERMON - -/ 1,.0. BOX 219. CLI.14 MON I, I LOIIIDA 32111 . PI ION I: 904/394 1081 February 22, 1.983 hear Property owner: As a property owner within 150 feet of 610 West Lakeshore Drive, you may he interested in the attached Legal Notice. The owner of this property has requosted to add a carport to his duplex residence. The duplex is "grandfathered in" as a noncon- forming use in an R-1 A Single Family zone, and addLtions tosuch uses require a Conditional Ilse Permit according to the Ci.ty's Zoning ordinance. Plans may he seen at City 11,111. This request wL1L be considered before the Planning and Zoning Commission on Tuesday, March 1, 1983, and before the City Council oil "I'uesclay, March 8, 1983. Roth Meetings will he held at 7:30 p.111. in the City Council Chamhers located at the corner or Nest Avenue and West I)cSoto Street. You are invited to attend the hearings to express your views on this matter. By working together wo can make Clermont an even hotter place in which to live and work. Si cerely, h Marilyn icorgc I Planning d Zoning Technician IdlGAI, NOTICli CITY 01: CLERMONT Notice is hereby given that the City of Clermont Planning and Zoning Commission will consider a ro�uest for a Conditional llse Permit to expand a non -conforming use by ❑ddinll n carport to a duplex in ;in R-1-A Low Density Residential zone. The Property location is as 1'011OW', otll West Lakeshore Drive This reyuoSt will be considered at ❑ PubLLc Hearing before the Planning and Zen III,, Coimnission on Tuesday, March 1, 1983 at 7:30 p.m, in the City Council Chambers located at 882 West DcSoto Street. All interested parties will be given an opportunity to express their vicwS on this molter. Please be advised that, under State Law, If you decide to appeal a decision made with regard to this matter, You will need n record of the proceedings, and may need to insure that a verbatim record is made. Wayne Saunders City Clerk South Lake Press February 24, 1983 j} ®a IN ,RTy LARERSI OREIiDRIVEO PEP or to Cae1 Boyd' P.O. Bo 3 Cl�sm nt Torry Brent 625 Lake Shore Drive Clermont Merle M. Bright P.O. Box 547 C;ermont Louie Kotmair 94 Donida West Sugarloaf`Shoren, Florida 33044_._ L8CAL NOTICE: CITY OF CLBRMON'r Notice is hereby given that the City Council of the City of Clermont will consider a request for a Conditional Use Permit to expand a non -conforming use by adding a carport to a duplex in an 11-1-A Low Density Residential zone. The property location is as follows: 610 West Lakeshore Drive This request will be considered at a Public Hearing before the City Council on 'Tuesday, March 8, 1983 at 7:30 p.m. in the City Council Chambers located at 882 West Desoto Street. All interested parties will be given an opportunity to express their views on this matter. Please be advised that, under State Law, if you decide to appeal a decision made with regard to this matter, you will need a record of the pio'cee'd'ings, and may need to insure that a verbatim record is made. Wayne Saunders City Clerk I South Lake Press March 3, 1983 -�G woM i-r vil / �O'V'7rr-)N ...to �i� ..lirn.,�✓' tp�t•«'-�i, /�'<2G1 .rx.- ..C�e„-�.c�ci(. ./tp' :✓L+`t,�, .��oQQ�t,�rrt ,, pp,,� "� ..i't•n �.v- inro- �.-l'�`VGvI -n ^A �-�tr2.. 6, "G1/�' �,(/ /�/f. /' K.N `^.'' ' 4K.�L .r/: A. W�/�^--r rT�(J ✓l/1.YJ L_ C c�k'V�l�t�� � �• C1,;o:on L 117— 1 rcb.25,1�P3 City el-."' 31 110 t jjj,.,. Lo o., r nd as AMt oppin!.,� constilclJoII.I -�..,-T this 0jr..,r Ic txtlr',:q, L,, ilq,roVc ilia and this 011 c walionlo Lv part of tovll,4.11," Ue CI`Pif OF CLERMIONT P.O. BOX 210 • CLHIMON7, ITOMDA 32711 • PRONE 90413111 4NII April 13, 1983 Mrs. Pat Parker 1401 West Highway 50 Clermont, FL 32711 Dear Mrs. Parker: 'j At the April 12, 1983 meeting of the City Council of the City of Clermont; you were appointed to a two year term on the Planning and Zoning Commission of the City of Clermont. Your term of office will expire in January of 1985. The Planning and Zoning Commission acts as an advisory board to the City Council on matters concerning city planning. Enclosed is a copy of the by-laws of the Commission and the City's Zoning or- dinance which should be helpful in orientating you for your newjob on the Commission. Mrs. Parker, I appreciate your interest in improving our City. I believe that through citizen participation, better decisions can be made to insure that Clermont- remains an outstanding community in which to live and work. Congratulations on your appointment. I look forward to working with you. Sincerely, rY� OF CLERMONT ��� Zi CHARLES B. BEALS Mayor CBB/jmb Enclosures FORM 4 M"MORANDUM OF VOTI''G CONFLICT l URUN-__ LAH'P NAAtI:—VIIIHT NAh11:—A11UU1.l: NAht,- AU XNCY bunit an DATIC ON WHICH VO'PI4 UCCVItItELU Color._.Lestax........__.____ pHTA'N< h1A161NU ADDIt118a NAME, QV PXRI1UH RECORDING MINUTIM .0._f3ox_,G95....... .. ..... ❑COUNTY Julio M. Brandt CITY %II' 'COUNTY T1'CLI: OI PEIIdON ILILUDIIUINU MINU'l htl Clermont, FL 32711 Lake IMMUNICIPALITy Deputy City Clark ._._._.._._.._....__.._--_-__---- __.__v__Y..�___�_r NAME UP AGENCY 9i'ECIFY City of Clermont 110THER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florlda Statutes §112,31d3 (1970) Ir you have voted tt your official capacity upon any measure [it which you had it personal, private, or professional Interest which Inures to your special private gain or the special private gain of may principal by whom you are retailed, please disclose the nature of your Interest below. 1. Description of the matter upon which you voted In your official capacity, Abstained from voting on a Conditional Use Permit for Williams Steel Industries. 2. Description of the personal, private, or professional Interest you have In the above matter which Inures to your special private gain or the special private gain of any principal by whom you are retained: Abstained from voting on a Conditional Use Permit for Williams Steel Industries because I am employed by the Company. 3. Person or principal to whom the special gain described above will Inure: RE] Yourself b.❑ Principal by whom you are retained: (NAME) -,7'� WHICH THE FOR RECORDING MINUTES OF THE MEETING AT 1'.lE/�j` WHICH THE VOTE OCCURRED: ster Cole April 26, 1983 FILING INSTRUCTIONS This memorandum must be riled within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be. riled merely to Indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of Interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1079), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED OY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, On A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - ILEV. r2.7B