Loading...
01-08-1986 Regular Meeting . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING CITY OF CLERMONT The Regular Meeting of the City Council of the City of Clermont was held Tuesday, January 8, 1985 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Huff, Council Member Henry, Council Member Turville, and Council Member Cole. Other City Officials present were City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. ' INVOCATION The Invocation was offered by Bob Hanford followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Council Meeting held on December 11, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT LEASE TRANSFER City Manager Forbes reported that Leslie Griffin wished to transfer her lease for the City owned building at the corner of Eighth Street and Minneola Avenue to Dee Dee Muraro to continue operating a beauty shop at that location. After a brief discussion, the Council con- cluded that there would be no problems with this transfer, and 01-85 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ALLOW THE LEASE FOR THE CITY OWNED BUILDING AT THE CORNER OF EIGHT STREET AND MINNEOLA AVENUE TO BE TRANSFERRED FROM LESLIE GRIFFIN TO DEEDEE MURARO. LEAGUE OF CITIES DINNER City Manager Forbes reminded the Council that the monthly League of Cities meeting would be held on Wednesday, January 16, 1985 at 7:30 p.m. in the Eustis Community Building, and asked how many would be attending so reservations could be made. All Council Members in- dicated that they would attend. FLORIDA PROFESSIONAL BASEBALL SCHOOL It was reported that the Florida Professional Baseball School had, as in the past, requested to use Bishop Field from February 25 through April 6, 1985 from 8:30 a.m. to 3:30 p.m. daily, except Sunday. In return for the use of the field, the school will make a $200 per week donation to the City. The Baseball School's use of the field will not interfere with High School or League play, and proper liability insurance will be maintained. 02-85 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ALLOW THE FLORIDA PROFESSIONAL BASEBALL SCHOOL TO USE BISHOP FIELD FROM FEBRUARY 25 THROUGH APRIL 6, 1985 FROM 8:30 A.M. TO 3:30 P.M. DAILY, EXCEPT SUNDAY IN RETURN FOR A $200 PER WEEK DONATION TO THE CITY. PROPER LIABILITY INSURANCE WILL BE MAIN- TAINED AND THE SCHOOL'S USE OF THE FIELD WILL NOT INTERFERE WITH HIGH SCHOOL OR LEAGUE PLAY. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 8, 1985 Page -2- PERMEABLE DRIVEWAY FOR 1130 MINNEHAHA AVENUE It was reported that Little Jack homes had constructed a house at 1130 West Minnehaha Avenue and were requesting permission to construct a permeable swingaround drive of mulch according to the attached site plan. Mr. Forbes stated that the topography of the lot was relatively flat, and that as long as the entrance drive on the City right-of-way was paved, he could see no prob- lems with the request. 03-85 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOW THE PERMEABLE SWINGAROUND DRIVE ON THE CONDITIONS THAT THE RIGHT- OF-WAY BE PAVED TO CITY STANDARDS, THE MULCHED DRIVEWAY BE PROP- ERLY MAINTAINED AND BORDERED WITH RAILROAD TIES OR SIMILAR MATERIAL. SUNSHINE PLAYERS City Manager Forbes reported that Georgette Miller, Executive Director of the Sunshine Players, had requested a special rate of $30, as opposed to the normal $50 charge, for the group's use of Jenkins Auditorium in November. It was the consensus the Council to allow this request. SOUTH LAKE BUSINESS WOMEN'S ASSOCIATION STREET DANCE It was reported that the South Lake Business Women's Association was interested in sponsoring a street dance on May 11, 1985, as part of the City's Summer Recreation Program; and would like the City to pay the $600 for the band. The Club would then provide manpower and make all arrangements for the dance which would be similar to the one they sponsored during the Centennial. 04-85 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED FOR THE CITY TO PAY $600 FOR THE BAND WITH PAYMENT COMING FROM THE SUMMER RECREATION FUND. SPRAYFIELD TOPOGRAPHICAL SURVEY It was reported that if there were no objections, the City Engineer would like to obtain topographical and boundary surveys of the south sprayfield site so engineering work could begin. 05-85 There were no objections, and A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO HAVE THE CITY ENGINEER OBTAIN THE REQUIRED SURVEYS. LEASE AGREEMENT FOR A PORTION OF THE LOWER LEVEL OF CITY HALL A lease agreement between the City and Sally Lee dba Independent Mortgage Corporation was presented to the Council for final approval. The changes discussed during the December 11, 1984 Council Meeting were incorporated into the final document. 06-85 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED FOR THE CITY TO ENTER INTO THE AGREE- MENT WITH SALLY LEE DBA INDEPENDENT MORTGAGE CORPORATION FOR USE OF OFFICE SPACE IN THE LOWER LEVEL OF CITY HALL. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 8, 1985 Page -3- ABANDONED RAILROAD RIGHT-OF-WAY City Manager Forbes reported that the City had received a letter from the Seaboard System Railroad concerning the City's request to purchase the abandoned right-of-way from East Avenue to Twelfth Street. The railroad is asking $330,000 for approximately 11.7 acres or $28,205 per acre. They also requested that an earnest money check in the amount of $30,000 be sent. Mr. Forbes stated that he believed this amount being asked for the property was out of line, and asked the Council Members what they wanted to do. Some discussion ensued and it was the consensus of the Council to make a counter offer and no earnest money check would be needed. City Manager Forbes suggest that the City offer $1,500 per acre for the 11.7 acre parcel. 07-85 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO HAVE A LETTER WRITTEN TO THE SEABOARD SYSTEM RAILROAD OFFERING TO PURCHASE THE PROPERTY FROM EAST AVENUE TO TWELFTH STREET FOR $1500 PER ACRE. MAYOR'S REPORT OUTSTANDING FLORIDA WATER DESIGNATION Mayor Pool stated that the City had received a letter from Rosemary Young requesting that the City make its desire to begin the process of obtaining an "Outstanding Florida Water" Designation for the Palatlakaha Waterways known to the Lake Lake County Board of Commis- sioners. Mayor Pool then read Mrs. Young's letter to those in attendance. Council Member Turville explained that the Council had given its approval to obtain this designation for the Clermont Chain of Lakes several months ago, and at that time it was thought that the Lake County Water Authority would be working to obtain the designation. 08-85After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO HAVE A LETTER SENT TO EACH COUNTY COMMISSIONER EXPRESSING THE CITY'S DESIRE TO HAVE THE LAKE COUNTY WATER AUTHORITY INITIATE THE PROCESS TO OBTAIN THE "OUTSTANDING FLORIDA WATER" DESIGNATION FOR THE CLERMONT CHAIN OF LAKES. VISITORS WITH BUSINESS GERTRUDE BRUCE - DUCKS AT CENTER LAKE Mrs. Bruce appeared before Council to express her concern for the welfare of the ducks living at Center Lake. She stated that the City of Clermont is a bird sanctuary and that ducks have always been at Center Lake, and that they should be allowed to remain. Mrs. Bruce presented the Council a petition to save the ducks at Center Lake signed by over 100 people. Mayor Pool and Council Member Turville explained that after letting the general public attempt to remove some of the ducks, the City had hired a man to catch the ducks in cages and relocate them outside of the City. They assured Mrs. Bruce that this method was very humane. It was further explained that the City would continue to keep the duck population on Center Lake at a reasonable level, and that all of the ducks would not be removed. The City had spent a considerable e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 8, 1985 Page -4- amount of money to remove weeds from the lake caused by the high nutrient levels in the water which resulted from duck droppings. Everyone agreed that the lake looked much better since the weeds were removed. Mrs. Bruce stated that she was satisfied with the Council's explanation of the situation and happy to know that all of the ducks would not be removed from Center Lake. CHARLES WEATHERBEE - OFF STREET PARKING AT 2120 THE CRESCENT Mr. Charles Weatherbee appeared before Council to express his dis- pleasure with the manner in which his June 1984 request to the City for removal of the curb blocking entry to his garage was handled. Maps and pictures showing curbs and driveways on The Crescent were given each Council Member, and Mr. Weatherbee explained the circum- stances leading to his problem. In 1978 the Weatherbee home was vacant. The garage at the front of the home was converted into a room leaving a paved driveway in the front yard. At the same time, a garage was built with access from the rear of the home. When The Crescent was repaved in 1978, no one noticed the garage in the rear of the home and curb was installed blocking entrance to it. Mr. Weatherbee stated that in order to use the garage, he had to jump the curb and was ruining his car and van in the process. He stated that he could understand how the curb was mistakenly installed, and in June contacted the Public Works Department to have it removed. At that time he was told that the curb could be cut, but he would have to pave the driveway leading to the garage. It was discussed that if the curb was cut, Mr. Weatherbee could request to pave only that part of the driveway on the right-of-way and the remainder could be approved by the Council as permeable. Mr. Weatherbee stated that he did not want to do this; he wanted to pave the entire driveway, but not at the present time. He reiterated his position that he did not feel it was fair to make him pave the drivway in order to get the curb removed. 09-85 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THE REQUESTED CURB CUT ON THE CONDITION THAT WITHIN SIX MONTHS AFTER THE CUT IS MADE, THE OWNER MUST PAVE THE DRIVEWAY ACCORDING TO CITY CODES FROM THE CURB CUT TO THE GARAGE. JOHN HYLAND - REAR YARD VARIANCE REQUEST FOR 863 S. WATERVIEW DRIVE It was explained that Mr. Hyland was requesting a rear yard variance from the 25' required to 21' in order to construct a screen porch. Due to the irregular shape of his lot, Mr. Hyland believes the re- quest should be granted. A site plan was presented to each Council Member showing the irregularity of the lot and the position of the screen porch. 10-85 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT MR. HYLAND'S REQUEST FOR A REAR YARD VARIANCE FROM THE REQUIRED 25' TO 21' AS SHOWN ON THE SITE PLANT PRESENTED TO COUNCIL. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 8, 1985 Page -5- QUADIR KHAN - REQUEST FOR THE CITY TO PAY A PORTION OF THE COST FOR A WATER LINE Mayor Pool explained that at the November 13, 1984 Council Meeting, the Council approved a Conditional Use Permit for Mr. Khan to construct a small shopping center containing a furniture showroom and manufacturing facility for furniture. The shopping center would be constructed at the northwest corner of the intersection of Montrose Street and Highway 27. One of the conditions of the CUP was that the property be subdivided. Linda Beal, Mr. Khan's representative, and Mr. Khan were present in the audience to answer any questions. It was further explained that the property Mr. Khan has purchased needs a 6" water main for fire protection. A 2" water line is available at the site, but is not adequate. In order to serve Mr. Khan's property with a 6" line, the line at the corner of Bloxam Avenue and Montrose Street will have to be extended 700'. Mr. Khan believes that he should not have to pay the full cost of extending the line and has requested that the Council consider the following: 1. The City pay all or part of the cost to extend the 6" water line to Mr. Khan's property. 2. Removing the condition that the property be subdivided from his conditional use permit, and not requiring the parcel to be subdivided until another parcel is sold. The owners of the property will sign an agreement stating that the entire parcel, including Mr. Kahn's property, will be subdivided if another parcel is sold. I During discussion, it was determined that it would cost approximately $4000 in construction costs (not including permits) to extend the 6" line to Mr. Kahn's property. ll-85After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED THAT THE CITY WOULD PAY $1,500 OF THE CONSTRUCTION COST TO EXTEND THE 6" WATER MAIN FROM BLOXAM AVENUE AND MONTROSE STREET TO MR. KHAN'S PROPERTY AND THAT THE CITY WOULD DELETE THE CONDITION IN THE CONDITIONAL USE PERMIT REQUIRING THE SUBDIVISION OF THE PROP- ERTY CONTINGENT UPON THE OWNERS SIGNING AN AGREEMENT STATING THAT THE PROPERTY WOULD BE SUBDIVIDED, INCLUDING MR. KHAN'S PROPERTY, SHOULD ONE MORE PARCEL BE SOLD. OLD BUSINESS BONEY SUBDIVISION It was explained that about one year ago Miss Boney submitted final plans for a subdivision of three lots she owns on the southeast corner of DeSoto and Anderson Streets. In order to complete the subdivision, she would be required to construct 220' of Anderson Street and the utilities needed for the property. Miss Boney has requested that the City pay half the costs of putting in 220' of Anderson Street because the City owned cemetery is located on the west side of the proposed street. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 8, 1985 Page -6- 12-85 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED FOR THE CITY TO PAY ONE-HALF (.50%) OF THE COST TO PAVE 220' OF ANDERSON STREET. FUNDS FOR WATER LINE REPLACEMENTS Mayor Pool reported that Utility Director Davis was requesting $13,500 from the Utility Department Capital Improvement Fund to pay labor costs to continue with the City's water line replacement project until the end of the Fiscal Year. It was the consensus of the Council that this was a very worthwhile project and that it should be completed. 13-85 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO GRANT MR. DAVIS' REQUEST FOR $13,500 WITH PAYMENT TO COME FROM THE UTILITY DEPARTMENT CAPITAL IMPROVEMENT FUND TO PAY FOR LABOR COSTS TO CONTINUE THE CITY'S WATER LINE REPLACEMENT PROJECT. NEW BUSINESS PARKING IN THE CENTRAL BUSINESS DISTRICT City Manager Forbes reported that the parking problems in the Central Business District had been resolved. RESOLUTION NO. 490 - TRUCKS ON HIGHWAY 50 TO USE RIGHT LANE As was requested during the previous Council Meeting, Resolution #490 to the Department of Transportation was drawn up and presented for Council approval. The Resolution if approved by the DOT, would restrict heavy truck traffic to the right hand lane. l4-85After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #490 WHICH WOULD RESTRICT TRUCK TRAFFIC TO THE RIGHT HAND LANE WHEN TRAVELING THROUGH CLERMONT. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, COLE AND TURVILLE, AYE: AND MAYOR POOL, AYE. The Resolution was read by title only. City Manager Forbes was directed to send the Resolution to the Florida Department of Transportation for action. BUILDING DEPARTMENT COUNTY INSPECTIONS It was explained that due to growth, a one man building department was becoming increasingly difficult for the City to maintain, and it was suggested that the City request the County perform all building inspections for the City. In return the County would receive the Building Permit Fees. The City would then have a Director of Planning and Zoning to better plan for the future growth of Clemont. Council Member Huff stated that he thought this was a good idea, and if approved, would help solidify the existence of the South Lake County Courthouse Annex in Clermont. Rick Weber, a builder who was present in the aUdience, stated that he felt it would bring uniformity for the builders because the County does most of the inspections for the areas surrounding the City of Clermont. . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 8, 1984 Page -7- l5-85After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO REQUEST THAT LAKE COUNTY PERFORM THE BUILDING INSPECTIONS FOR THE CITY OF CLERMONT. IN RETURN FOR THIS SERVICE, THE COUNTY WOULD RECEIVE THE FEES COLLECTED FOR THE CITY'S BUILDING PERMITS. The Council asked that, if at all possible, the funds collected from the City's Building Permit Fees be earmarked for the County Building Department. Rick Weber was asked to serve as a liaison for the Clermont Builders now and through the transitional period. Mr. Weber stated that he would be happy to serve in that capacity. City Manager Forbes stated that he would have this matter placed on the Board of County Commissioners' Agenda for their approval. After that, a date would be set for the County to take over the City's building inspections. At this time, the Council took a five minute recess with the meeting reconvening at 9:10. ORGANIZATIONAL MEETING ELECTION OF MAYOR PRO TEM The election of the Mayor Pro Tem was the first item of business under the Organizational Meeting portion of the agenda. Mayor Pool opened the floor for nominations, and Council Member Henry nominated Council Member Turville for the position. Council Member Huff then asked that the nominations be closed, and there being no further nominations, Council Member Turville was unanimously elected Mayor Pro Tem. PLANNING AND ZONING COMMISSION Mayor Pool opened the floor for nominations to the six available positions on the Planning and Zoning Commission. Council Member Turville suggested that the four people who were presently on the Commission and expressed a desire to serve again be nominated. Council Member Turville then nominated Marie McKinney, Bob Thompson, Adelbert Evans, and Debbie Gaines to fill two year terms on the Commission. Council Member Huff stated that he did not agree with this procedure becuase it made it difficult to have new members appointed to the Board. 16-85 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER HUFF VOTING NAY TO REAPPOINT MARIE MCKINNEY, BOB THOMPSON, ADELBERT EVANS AND DEBBIE GAINES TO TWO YEAR TERMS ON THE PLANNING AND ZONING COMMISSION. To fill the position of Seat III on the Commission, Council Member Cole nominated Herbert Rogers, Jr., Council Member Turville nominated Don Smith, and Council Member Huff nominated Don Beal. Council Member Turville called for the nominations to be closed, and there were no further nominations. Herbert Rogers, Jr. who was present in the audience, expressed his e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 8, 1985 Page -8- concern for the controlled growth of Clermont and stated that he felt his business experience would bring a balance to the Commission. Council Members Henry and Huff voted for Don Beal, and Council Member Cole and Mayor Pool voted for Herbert Rogers, Jr., with Council Member l7-85Turville voting for Don Smith. Mr. Smith was eliminated and Herbert Rogers, Jr. was appointed to the Planning and Zoning Commission by a three to two vote with Council Members Turville and Cole and Mayor Pool voting for Mr. Rogers, and Council Members Henry and Huff voting for Mr. Beal. Nominations were then opened to fill the unexpired one year term due to the resignation of Mr. Czech. Council Member Turville nominated Don Smith and Council Member Huff nominated Don Beal. Council Member 18-85 Huff moved that the nominations be closed. There being no further nominations, Mr. Beal was appointed to fill the vacancy by a three to two vote. Council Members Turville and Cole voted for Mr. Smith, and Mayor Pool and Council Members Henry and Huff voted for Mr. Beal. Jack Sargent, a member of the Planning and Zoning Commission, asked that a plaque be presented to Mr. Czech for his many years of dedicated service to the City. It was the consensus of the Council that some appropriate action would be taken to honor Mr. Czech. PARKS AND RECREATION BOARD Parks and Recreation Board members are appointed by the Mayor and with the Council's approval the following people were appointed to the Parks and Recreation Board: Mary Adams, Donnie Wilson, Steve Grimm, Jack Gaines, Kathy Asmann, and Robert Milke. Steve Grimm was appointed Chairman of the Board. CODE ENFORCEMENT BOARD Joe Wiebush and Don Smith both expressed their desires to be reappointed for three year terms to the Code Enforcement Board. 19-85A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED THAT JOE WIEBUSH AND DON SMITH BE REAPPOINTED TO THREE YEAR TERMS ON THE CODE ENFORCEMENT BOARD. Council Member Turville commended the Code Enforcment Board for the excellent job it does. BUILDING CODE BOARD OF APPEALS Due to the pending changes in the Building Department, no formal appointments were made to the Building Code Board of Appeals. It was the consensus of the Council to extend the appointments of Walter Poynter and Nick Jones for one year or until the County performs the building inspections. LAKE APOPKA NATURAL GAS DISTRICT It was reported that the two year term to the Lake Apopka Gas District Board of Directors had expired, and John Sargent who had represented the City for several years desired reappointment to the position. Mayor Pool also stated that Chris Giachetti had expressed an interest in the position. 20-85 BY UNANIMOUS VOTE OF THE COUNCIL, JOHN SARGENT WAS REAPPOINTED TO A TWO YEAR TERM AS THE CITY'S REPRESENTATIVE ON THE LAKE APOPKA GAS DISTRICT BOARD OF DIRECTORS. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 8, 1985 Page -9- LIAISON APPOINTMENTS: By the consensus of Council, the following liaison appointments were made: 1. Cooper Memorial Library Liaison, Robert Pool 2. Chamber of Commerce Liaison, Lester Cole 3. Lake County Board of Commissioners Liaison, Richard Huff 4. Lake County Pollution Control Board and Lake County Water Authority Liaison, Hal Turville 5. East Central Florida Regional Planning Council, Ann Dupee 6. ECFRPC A-95 Review Team, Nick Jones The Council reappointed itself as the Zoning Board of Adjustment and Housing Board of Adjustment. There being no further business, the meeting adjourned at 9:50 p.m. ,....~(Y!,~- Robert A. Pool, Mayor Attest: