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04-12-1983 Supporting Documents® CITY OF CURAIONT MINUTES REGULAR MEETING, April 12, 1983 A Regular Meeting of the City Council of the City of Cler'monL• was hold April 12, 1.983 in the City Council Chambers. The Meeting was called to order. by Mayor. Beals at 7:30 p.m. with the following Council Momboro in attendance: Mayor. Pro Tom Pool, Ann Dupoe, Lester Colo, and Hal Turville. Other City officials present were: City Manager Forbcs,City Attorney Baird, Finance Director Saunders, and Deputy City Cl.ork Brandt. The Invocation was offered by Mayor Pro Tom Pool, followed by the repeat- ing of the Pledge of Allegiance by all present. MINUTES The Minutes of the Special Council Meeting held March 29, 1983 were approved as presented with the following addition: Council Member Dupeo asked that the following statement be included, "If the City of Clermont obtained the grant money and could not use it, it would commit the City and future Councils to longer debt repayment". The Minutes of the Regular Council Meeting held March 22, 1983 and the Workshop Meeting held April 5, 1983 were approved as presented. CITY MANAGER'S REPORT CHAMBER OF COMMERCE WORKSHOP City Manager Forbes reported that he would be attending a Workshop with the Chamber of Commerce on Monday, April 18, 1983. SUMMER SWIM PROGRAM It was reported that the City's Summer Swim Program would not be a vol- unteer program as in the past. The City has hired a Certified Water Safety Instructor and will need to hire, if there are no Council objections, seven to ten Swimmers' Aides to assist the Water Safety Instructor. These young adults would be age sixteen and over and work for two hours per day for one month. They would have to pass a Swimmers' Aide Test before being 83-055 hired. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TUR- vTT.r.r_ gr..romnrn BY COUNCIL MEMBER POOL AND_UNANIMOUSLY CARRIED TO EMDARK - QUINCY'S RESTAURANT - FENCE TYPE CHANGE It was reported that when the Council approved Quincy's site plan, a picket or shadow box type fence was approved. The contractor is now asking per- mission to install a chain link fence with redwood slats along the north property line. By State law the rentention area on the property must be fenced with chain link, and it would be more practical to continue with the 83-056 same type of fence. After some discussion, A MOTION WAS MADE BY COUNCIL MVMM rn nnrrr_ crrr)Wnrn BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ALLUW uUINUX"7 tcca­­ i IN PLACE OF PICKET OR SHADOW BOX FENCE AS INDICATED ON THEIR SITE PLAN. CITY ATTORNEY'S REPORT CONDEMNATION PROCEEDINGS - 640 EAST LAKESHORE DRIVE City Attorney Baird reported that the property located at 640 East Lake- shore Drive was in negotiation, and by the end of the month he would have some answers for the Council. CONDEMNATION PROCEEDINGS - CLERMONT HOTEL Mayor Beals stated that it was his understanding that Mr. Nick Buttitta had failed to respond to the City's proceedings within the required twenty day.:time period and he hoped that within the next sixty days the building could be torn down. City Attorney Baird stated that he had been informed that Mr. Buttitta's attorney had filed a petition in Federal Court, but ® CITY OF upRAIONT MINUTES REGULAR MEETING April 12, 1983 Page -2- that he did not know what this procedure meant. Mayor Beals stated that he hoped the City's attorneys were pursuing this matter with every bit of speed and alacrity possible because this had been dragging on entirely too long. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY It was reported that as requested by Council Member Turville.during the March 22, 1983 Meeting, the statistics on Cooper Memorial Library would be available for the next Council Packets. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Council Member Dupee reported that Lake County had won two awards from the ECPRPC. Eustis had won an award in the private sector for their downtown beautification project. She stated that in 1980 the Regional Planning Councils were told to develop a state-wide comprehensive plan but it was not funded by the State. It was determined that it will now cost 3.8 million dollars to finance the project, but no directives have been issued as to who will pay. Also, a bill has been introduced into the legislature to make the ECPRPC boundaries the same as the State's Water Management Districts. The Planning Council will be following this legislation and other matters coming up very closely. TOWNHALL MEETING Mayor Beals reported that if there were no Council objections, he would like to hold the annual Town Hall Meeting on Tuesday, May 24, 1983. It was the consensus of the Council to designate the second Council Meeting in May as the annual Town Hall Meeting. CITY ENGINEER'S REPORT - TREATMENT PLANT EXPANSION. City Engineer Bud Sampson of Springstead and Associates was present to present the final report on the City's Treatment Plant Expansion Project. Mr. Sampson presented his report and explained that the following improve- ments and modifications would be needed to upgrade the plant to handle. .990 million gallons per day: 1. Lift Station #6 (final station before the plant) will not be able to handle the flow when the plant is upgraded and will need to be enlarged. 2. New grit chamber is needed. 3. Plow equalization tank is needed so the flow will be the same each minute of the day. 4. Measuring device to be used in conjunction with the flow equali- zation tank is needed to measure and regulate flow. 5. Aeration tanks are of proper size but will need a new aeration system. 6. Sludge thickener is needed for quicker and better drying. 7. The present return sludge system needs new pumps and measuring devices. 8. A vacuum assisted sludge drying bed which requires only 1,300 square feet of space; and saves time, space and labor. 9. Effluent disposal - must increase sprayfield to accommodate the additional 300,000 gallons per day. ® CITY OP CLERMONT 0 MINUTES REGULAR MEETING April 12, 1.983 Page -3- 10, A now emergency generator .is needed. 11. ProsonL• clarifier is adequate in size, but needs to be rebuilt. 12. 'Pho flow aqualizat.ion chamber will be elevated, so another Lift- station will not be needed. This will give the plant a 4,000 square foot storage area and office space below the tank. 13. The present lab needs to be remodeled, and 14. The traffic flow pattern at the plant needs to be reworked. The total cost for the improvements and modifications listed above was reported to be $1,220,274. Mr. Sampson stated that some of these costs would hopefully, upon completion of the 201 Study, be paid for by the Federal Grant. Mr. Sampson then asked if there were any questions re- garding the report. City Manager Forbes asked how long the pumps at Lift Station #6 would last. He explained that the pumps are not working properly. Utility Director Davis stated that one pump is working eighteen hours and the other two hours per day. They could burn out tomorrow or last two years. The problem stems from worn impellers. A decision has to be made as to whether to repair the pumps or install two new pumps before the improvement grant is obtained. $4,000 would be needed to repair what is there (and it would later be replaced by the new pumps), and the new pumps would cost approximately $22,000. If the new pumps were in- stalled, the size of the wet well would have to be increased. City Manager Forbes asked Mr. Sampson and Mr. Davis investigate the altern- atives and present the Council with a cost/benefit analysis. They stated that they would make their recommendations at a future Council 83-057 Meeting. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER nnnr.. RRCONDRD BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT RESOLUTION NO. 424 - CONDITIONAL USE PERMIT FOR WILLIAMS STEEL INDUSTRIES Mayor Beals explained that Williams Steel Industries had requested a Conditional Use Permit to expand their existing manufacturing facility Mayor Beals then called for a public discussion of the request. No one spoke for or against the request. Mr. Bill Williams appeared before the Council and gave a.brief history of his plant. in Clermont. He explained- that the extension of the crane way at this plant would keep people on the payroll and make for a more efficient plant operation. He also spoke of City regulations and the fact that over regulation like over taxation can destroy. Mr. Williams then read from a Chamber of Commerce publication on "What Full Employment Can Do", and ended his statement by saying that he was upgrading the plant for survival. He felt that some of the condi- tions in Resolution No. 424 would be difficult to meet, and that Mr. John Brown would elaborate on them. Mr. John Brown appeared before the Council to itemize the conditions he felt were not in the best interest of Williams Steel and the changes he wished to incorporate into them. They were as follows: 1. Items one through seven were found to be satisfactory. 2. Item number eight should be changed to read six months or one year (whichever is later) after Hewitt Construction Company's work on adjacent roadways is finished. 3. Item number nine regarding ivy vines on the fence, Mr. Brown felt that they needed visibility into the facility. For security reasons, he did not want to obstruct the view. Also, he felt that underground sprinkling was not needed, and that they could maintain the landscaping without it. 83-058 0 olrY of arrRhwr MINUTES REGULAR MEETING April 1.2, 1983 Page -4- Phoro were no problems with the .landncapl,ny on Twelfth Street and in the parking area, however, ho did not want the landscaping along the fence or on DeSoLo Street. 4. In item number clevon, 1101 felt- that the barrier around the retention aroa was not needed because of good internal con- trol of employees. Employees would not come within 30' of the area and placing posts would just be an added expense. 5. Item number 12, Mr. Brown did not feel that this was in the expansion area, and an easement would not be necessary. In answering Mr. Brown's comments, Council Member Turville stated that he felt item number eight should read ... requirements being met within one hundred and eighty days of the granting of the Conditional Use Permit (April 12, 1983) because it appears that llewitt Construction's work on the adjacent roadway is already complete. In item number nine, he felt that security was no excuse for not planting some type of vine on the fence to maintain a buffer for adjacent property owners. It was suggested that the hand tools could be locked in a storage area for security pur- poses. Council Member Pool stated that Confederate Jasmine grew rapidly, was easy to maintain and this could be planted along the fence instead of ivy. lle also stated that he felt some type of barrier around the retention area was needed because at the present time a pile of steel beams was stacked in the area, and that these barriers would not cause an undue financial burden to Williams Steel. With regard to the easement, it was agreed that the City would cap off an old line which runts under the Williams �w .,-1,f-inn of the new line. After much discussion, RESOLUTION NO. 425 - CONDITIONAL USE PERMIT FOR ANDREW MORRIS' PROPERTY Mayor Beals explained that Mr. Andrew Morris had requested a Conditional Use Permit to add a carport to his duplex at 610 West Lakeshore Drive. A Conditional Use Permit is required because a duplex is a nonconforming use in a R-1-A Zone. Mayor Beals then read two letters from property owners Mr. and Mrs. Terry Brent and Merle Bright favoring the improvements to Mr. Morris' property; and called for any comments from those present in the audience. No one spoke for or against the request. Mr. Tom Dougherty, Attorney for Mr. Morris, appeared before the Council to explain the request by stating that Mr. Morris felt that he had all of the required permits to begin construction of a carport and screened porch when he did so. Mr. Dougherty further explained the construction of the screened porch at the rear of the duplex and that the large storage area to the rear of the carport was needed for boat storage. He also stated that in two years Mr. Morris would retire and the duplex would become a single family residence. For security purposes, it would remain a duplex until then. Mr. Jack Sargent of the Clermont Planning and Zoning Commission appeared before the Council to clarify their recommendations for the property. ® CITY OF CI PRAIONT MINUTES REGULAR METING April 1.2, 1983 Page -5- Council Member Pool Utatod that he had looked at the properly and felt that Mr.. Morris should be able to continue the construction of the porch and extended storage aroa. At this point, Mr. Ray Cochran appeared before the Council, and discussed that the property line abutting the carport was being disputed. City Attorney Baird advinod the Council that this was a civil. matter between both property owners and should have no influence on the Council's decision on the Conditional Use Permit because Mr.. Morris had provided 83-059 all documents required by the City. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND CARRIED AND TURVILLE, AYE; AND MAYOR BEALS, NAY. REQUEST FOR SIGN VARIANCE EXTENSION - MARINO THOMAS Mr. Marino Thomas appeared before the Council to request a one year extension to the sign variance for his 200 square foot billboard located on Highway 50, just west of the Clock Restaurant. The present variance expires on April 13, 1983. Mr. Thomas stated that at the end of one year, the sign would be removed because the property the sign is on would be developed. Mr. Thomas also stated that he was aware he could erect a sixty-four square foot sign on the property without a var- iance, but at this time did not want the additional expense involved. Council Member Turville stated that at the time the variance was granted, Mr. Thomas was not in the telephone book and needed to advertise his down- town business. However, that no longer was the.case. Mayor Beals stated that there was a hardship when the variance was granted,..but that hard- 83-060 ship no longer existed. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO _GRANT A ONE City Manager Forbes was instructea to gran ..., f.i ,. 1, c ... �,,. �... ............. �-t..., �, ,... - ORDINANCE NO. 232-C - AMENDING CHAPTER 11, HEALTH AND SANITATION City Manager Forbes exp-lained that this Ordinance amends Chapter 11, Health and Sanitation. Sections of the Ordinance dealing with certi- fying doctors and food service have been deleted because the City no longer is responsible for these matters. Article III has been repealed because all chemicals are now regulated by the Department of Agridtlture, Health Department and the Environmental Protection Agency. Article IV has been updated to insure consistent penalties and terminology are used. Mayor Beals asked for public discussion, and no one spoke for or against 83-061 the proposed Ordinance. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE NO. 232-C WHICH AMENDS CHAPTER 11, HEALTH AND SANITATION. VOTING WAS AS FOLLOWS:_ COUNCIL MEMBERS ORDINANCE NO. 233-C - AMENDING CHAPTER 14, OFFENSES Mayor Beals explained that this Ordinance amends Chapter 14 on Offenses and that it was carefully reviewed by the City Attorney and Chief of Police to insure that the Ordinance is current and does not conflict with State Law. Sections dealing with alcoholic beverages, indecent language, lottery ies, weapons and prostitution have been repealed because these offenses are already covered by State Law. Mayor Beals asked for public discussion, and no one spoke for or against the proposed Ordinance. After some discus- 83-062 sion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER ® CITY Or CLERAIONT MINUTES REGULAR MEETING April 12, 1983 Page -6- RESOLUTION NO. 423 - AMENDING RESOLUTION NO. 394 City Manager. Forbes explained that the City's Bond Attornoys had requested that the Council adopt Resolution No. 423 to amend Roso- lut-ion No. 394 to correct the definition of "franchise tax" by substituting "Florida Power Corporation" for "Florida Power and 83-063 Light• Company". After some discussion, A MOTION WAS MADE BY COUNC mmmnr,R DUPLE. SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY NEW BUSINESS APPOINTMENT TO PLANNING AND ZONING COMMISSION Mayor Beals read a letter of resignation from the Planning and Zoning Commission by Tony Honey, and then called for nominations to fill the vacancy. Council Member Turville nominated Mrs. Pat Grant Parker and Council Member Pool nominated Mr. Joe Washuta, a former member of the Planning and Zoning Commission. Mr. Washuta, who was in the audience spoke of his qualification to the Council. There were no more nomi- 83-064 nations, and the nominations were closed. VOTING WAS AS FOLLOWS: PURVILLE, COLS, DUPEE_AND MAYOR BEALS VOTED FOR MRS. PARKER?^AND^POOL^^ COMMISSION. Mr. Washuta expressed his disappointment in not being appointed by stating that the reason he was not appointed was politically motivated because he had run for a seat on the Council during the last election. Mrs. Peggy Weatherbee expressed similar sentiments for her failure to be nominated to the Commission. CITY ELECTION DATE CHANGE City Attorney Baird explained the required changes to the City Charter in order to provide for an election in November to coincide with the State of Florida General Elections. After some discussion of the pro- posed changes, it was noted that there was some question if in fact there was a county -wide election in odd numbered years, and the taking of office in January instead of December. Mayor Beals stated that he would like to bring the proposed ordinance before the people during the Town Hall Meeting in May. City Attorney Baird was instructed to investigate these questions and prepare a Final Draft of the Ordinance for the April 26, 1983 Regular Meeting. Mr. Baird stated that he would do so. CETA SUMMER YOUTH EMPLOYMENT PROGRAM - MEMORANDUM OF UNDERSTANDING City Manager Forbes explained the CETA Program in which young adults can work for local governments. He stated that the City had participated in the program before and had experienced no problems. In prior years the Utility and Public Works Departments had employed from two to five 83-065workers through the Program. After some discussion, A MOTION WAS MADE — nnnTOTT. MRMRFiR POOL. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY The Meeting adjourned at 10:50 p.m. ATTEST: �J p CHARLES B. BEALS, MAYOR WAYUB SA NDERS, CITY CLERK ® CITY OP CWhIONT MINUTES WORKSHOP MEETING➢ April 5, 1983 A Workshop Meeting of: the City Council. of the City of Clermont was hold April 5, 1983 in the City Hall Conference Room. The Meeting was called to order by Mayor Beals at 6:00 P.M. WiLh the following Council Mon4bar.s present•: Mayor. Pro Tom Pool, Lester. Cole, Ann Dupoo, and llal Turvillo. City Manager Forbes was also present•. WASTE TREATMENT PLANT City Manager Forbes explained that the City f.;ngincer would be present at next Tuesday's Council Meeting to review the report• on the expansion of the waste treatment plant. lie stated that• he would try to have an advance copy of the report to all Council Members. The 201 Planning Process was also discussed, and the City Manager gave a status report on the Plan. Also discussed was site aquisition and the appraisal for the present• landspreading site. SENIOR CITIZENS CENTER The Tuesday morning meeting of Mayor Beals and City Manager Forbes with the Officers of the Recreation Club regarding the possibility of using the Kehler Park Recreation Building as a Senior Citizens Center Annex was discussed. it was explained that an agreement would have to be worked out between the City and the Senior Citizens Center personnel to insure that their activities would not conflict with any programs oper- ated by the Recreation Club. The Recreation Club Members have been con- tacted on this matter, and the Senior Citizens Committee believed that locating a Senior Citizens Annex in Clermont is feasible. City Manager Forbes stated that he would contact Jerry McDowell, Executive Director of the Lake County Council on Aging, and attempt to work out an agree- ment for the use of the Kehler Park Recreation Building. A status re- port will be given to the Council by Mr. Forbes at a later date. BAKER GROVES City Manager Forbes explained a December 1970 agreement with the City and Mr. Baker in which the City leased an engine for one year with the option to purchase the engine at the end of the year. As part of this lease agreement, the City agreed to install a stand pipe on the prop- erty to be utilized for filling spray equipment with water. Mr. Forbes explained that the stand pipe was not metered. Several months ago it was discovered that the stand pipe valves were not working properly and thousands of gallons of water were being lost. Since then the valves have been repaired, but it was recommended that the Council meter this stand pipe and charge Baker Groves for their water usage. The agreement was then read and discussed in detail, and it was explained that Mr. Baker was of the opinion that the City had agreed to provide him with free water for twenty years. City Manager Forbes was instructed to re- view the Minutes of the 1970 Meeting and perform further research to determine the length of time the water was to remain unmetered, and bring this matter back before the Council. SIGN ORDINANCE - TEMPORARY SIGNS Council Member Turville discussed his concern on temporary and portable signs in the City. He believed that there should be limitations placed on these signs or they could cause many problems in the future. The Council discussed the many factors involved with portable and temporary signs, and the possibility of placing a total ban on them or further restricting their use. The consensus of the Council was for the City Manager to prepare a draft ordinance which would revise the present ordinance on portable or temporary signs. The intent of the Council was to allow portable signs for a business only once in a twelve months period of time, for no longer than thirty days. Mr. Forbes was instructed to implement this change in the draft ordinance. SITE PLAN REVIEW City Manager Forbes discussed a request by Mr. Don Tracy to allow an ® CITY OP CLRRAlORT MINUTES WORKSHOP MEETING April 5, 1903 additional. driveway and a 60' oxist•.ing driveway at 057 East Minnehaha. lie explained the site plan approval process in the City Ordinances regarding driveways, curb cuts, and landscaping. The entire history of the building at this site was also reviewed. Council. Member Pool stated that he believed that Mr.. Tracy had done a great job in improv- ing the property and saw no problems with the driveways as they now exist-. Mr. Forbes explained the reasons for our present ordinances, and it was the consensus of the Council that they should become familiar with this site because this request will be on the agenda for the April 26th Council Meeting. CEMETERY MONUMENTS City Manager Forbes explained the city's rules and regulations regarding monuments, and reviewed the fact that the city's regulations pertaining to monuments have been modified on two occasions in the last few years in order to be more flexible with monument dealers. A letter from Bon- ard Pitts regarding an oversized monument which did not meet City Codes was discussed. It was the consensus of the Council that Mr. Pitts will have to insure that all of the markers he installs meet City Codes. Much discussion of the city's rules and regulations on monuments ensued. FLUORIDE GRANT The status of placing fluoride in the City's water supply was reviewed. City Manager Forbes explained that work on this project has not begun because a decision on placing a protective building over the Seminole Well must be reached before fluoride can be added to our water. Council Member Turville explained that the City could possibly receive some funds for the building from the fluoride grant. It was the consensus of the Council to allow the City Engineer to prepare plans and specifications - for the building, and to let bids for the construction in early September,;.:._'. If the bids were at an acceptable price, the City could then place money in next year's budget for the construction. The City would then proceed with the fluoride grant. CITY PLANNING City Manager Forbes discussed the need for the City to consider planning for the next twenty years of growth. He stated that such planning must include the area existing within the present city limits and any area which might be annexed into the City over the next twenty years. The Council reviewed a map of the proposed twenty year planning area and discussed that the City should attempt to have a policy on growth, annex- ation, sewage treatment, and density of development for areas outside and in the city limits (which we do not presently have). After further dis- cussion, it was the consensus of the Council to discuss this matter again at the next Workshop. The Meeting adjourned at 7:30 p.m. Charles B. Beals, Mayor Attest: George D. Poroes, City Manager