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10-23-1984 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 23, 1984 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, October 23, 1984 in the Council Chambers. The Meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Council Member Henry, Mayor Pro Tem Pool, and Council Member Turville. Council Member Cole was absent. 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 Reverend William McKinney followed by the repeating of The Pledge of Allegiance to the Flag by all present. REPORTS CITY MANAGER'S REPORT WATER SERVICE LINE INSTALLATION It was reported that the City had received two bids from area plumbers for water service line and meter installation to nineteen homes in the area north of Almond Street and East of Bloxam Avenue. The proposals were as follows: Jim Turner Plumbing D J's Plumbing $2,075 $3,000 84-l77A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ACCEPT THE PROPOSAL OF JIM TURNER PLUMBING IN THE AMOUNT OF $2,075 FOR THIS WORK. EPISCOPAL CHURCH FUND RAISER It was reported that, if there were no Council objections, the Episcopal Church would install a canvas canopy in the Church yard during its annual fund raising event on November 16, 1984. There were no Council objections to this request. SPECIAL MEETING All Council Members were reminded of the Special Meeting in the City Hall Conference Room at 8:00 a.m. Wednesday, November 7, 1984, to canvass the ballot after the General Election. K-MART PARKING LOT It was reported that Council Member Henry had suggested that a convex reflective mirror placed by the K-Mart Garden Center would allow a better view of traffic traveling east from the Bloxam Avenue entrance to the parking lot. Mr. Forbes stated that he believed that this was a good idea. The mirror would have to be installed by the shopping center owner, and that if there were no Council objections, a letter and information about the mirror would be sent to the owner. There were no Council objections. WORKSHOP MEETING City Manager Forbes stated that he would like to hold a Workshop Meeting on Wednesday October 24, 1984. Several Council Members stated that they would not be able to attend, and the Meeting was scheduled for Tuesday, October 30, 1984 at 7:00 p.m. in the City Hall Conference Room. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 23, 1984 Page -2- CITY ATTORNEY'S REPORT City Attorney Baird requested Council permission to collect back rental payments in the amount of $200 owed by the former leasee of the Jaycee Beach House. It was the consensus of the Council to authorize Mr. Baird to initiate the collection procedure. VISITOR'S WITH BUSINESS DISCUSSION OF PREVIOUS COUNCIL ACTION ON BEER & WINES SALES, FOR 930 SCOTT STREET It was reported that during the September 25, 1984 Council Meeting the Council determined that since most grocery stores sell beer and wine, the package sale of these alcoholic beverages should also be "grandfathered in" as a non-conforming use at this location. Mr. Willie Montgomery's grocery store at this location is a non- conforming use because it is in a R-2 Residential Zone. The Council also determined that the intent of the City Ordinance Chapter 3, Section 3-3 that restricts the sale of alcohol within 500' of a church or school applied to only the on-site consumption of alcohol, not package sales. Mike Meeker, a friend of John and Rena Wootson, read a letter from the Wootsons asking that the Council reconsider its position of allowing the package sale of beer and wine next to their home and also within 216' of the Church of God in Christ where John Wootson is the Pastor. A petition opposing the package sale of alcoholic beverages at Mr. Montgomery's Store with more than 70 signatures was also presented to Council. They stated that they had no idea the request was being considered on September 25, 1984. Minnie Jamison, Ruben Jamison, Reverend William McKinney, and Reverend John Wootson spoke against the sale of alcoholic beverages from Mr. Montgomery's store due to its close proximity to the Church and their homes. They also expressed their concern that "drunks" would be wandering around their neighborhood and breaking into their homes. Willie Montgomery, Gloria Johnson, Lucille DeRamus, and Wilbur Pace spoke in favor of the package sales, stating that a man had a right to make an honest living and that other small stores in Clermont have package beer and wine sales. Mr. Montgomery assured the Council and those present that he would not be selling to children and that there would be no drinking on his premises. The Council asked City Attorney Baird for clarification of its position. Mr. Baird stated that three things must be considered, (1) the grocery store was there before the City's Zoning Ordinances were passed - it was "grandfathered in" and therefore, the sale of packaged beer and wine for off-site consumption is also "grandfathered in" at Mr. Montgomery's store. (2) Equal protection under the law must be observed. If other stores are allowed to sell beer and wine, then Mr. Montgomery should enjoy the same privilege. (3) There is a definite difference between on-site and off-site consumption, and our ordinance, as clarified, allows the sale of package beer and wine within 500' of a church or school because it is to be purchased and consumed at home, not consumed at the grocery store. Mr. Baird continued that the City does not issue liquor licenses, the State does. However, the City can set the time and place for the sales. He further stated to those present that if people are drunk in the street or on their property, the police should be called. Council Member Turville stated that he felt the non-conforming use law e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 23, 1984 Page -3- should be addressed because it appears that Mr. Montgomery can do what he wants because the store was "grandfathered in". He stated that just because the store was "grandfathered in", the sale of beer and wine should not be "grandfathered in". A grocery store without these sales was the original business. He further stated that Mr. Montgomery did not fit under the ordinance, and that was why he asked Council permission to sell beer and wine. 84-178 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO NOT ALLOW THE GRANDFATHERING IN OF BEER AND WINE SALES WITH THE GROCERY STORE. This motion died for lack of a second and it was the consensus of the Council that the City Attorney's opinion and the previous Council action would prevail in this matter. FRED SOMMER - REQUEST FOR A LOAN FOR THE TRIATHLON. Mr. Fred Sommer appeared before Council and presented the City an award expressing appreciation for the City's support of the Triathlon. He also explained that next year's event would be held on October 6, 1985 and would include events for younger children. He explained than numerous factors caused the event to lose money, and that he was asking the City for a loan of $1,500 to cover the expenses incurred. The money would be paid back prior to next year's event. Jack Sargent and Ann Ritch both spoke of the positive effects the Triathlon had on the City and asked the Council to give careful con- sideration to the request. 84-179 After some discussion of the propriety of making such a loan, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO TABLE FURTHER CONSIDERATION OF THIS MATTER UNTIL A LATER DATE. Mr. Sommer was directed to search for funds from other sources before requesting funds from the City. OLD BUSINESS NOMINEE FOR THE LAKE COMMUNITY ACTION AGENCY'S BOARD OF DIRECTORS. Mayor Beals explained that Bess Jones, Clermont's longtime member of the Community Action Agency's Board of Directors had moved from Clermont and caused a vacancy on the Board. The agency had requested that the City nominate a person to serve on the Board as a representative of Clermont. After a brief discussion, Mayor Beals nominated Bob Hanford to serve in the position. He stated due to transportation problems, he would be happy to serve in the interim until someone else is found. SEMINOLE WELL City Manager Forbes explained that representatives of Peerless Pump had pulled the pumps and shaft at the Seminole Well to increase our capacity from approximately 1,200 gpm to 1,500 gpm, and that the Council had previously approved an expenditure of $8501.36 for this work. He further stated that shaft in the well is in good shape, and by using the existing shaft and making the changes recommended by Peerless Pump, we should be able to increase the capacity to 1,500 gpm for about $5,413.36. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 23, 1984 Page -4- Mr. Forbes then asked the Council to consider another option of replacing the existing shaft with a larger sized shaft and replacing the existing 125 hp motor with a 150 hp motor to increase the capacity to about 1,700 gpm. The cost for this work would be about $14,101.36 in parts. He further stated that if problems with sulphur or chlorination arose at this greater pumping capacity, the speed could always be pulled back, but it could not be increased if you stayed at 1,500 gpm. Mr. Forbes concluded by stating that this would be very cost effective to spend the $14,101.36 from the Capital Improvement Fund for the additional 500 gpm. considering that a new well that pumps 1,500 gpm would cost around $250,000. 84-180 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO HAVE THE PUMPING CAPACITY OF THE SEMINOLE WELL INCREASED TO 1,700 GPM AT AN APPROXIMATE COST OF $14,101.36. BUDGET AMENDMENT FORENCUMBRANCES AND ITEMS BUDGETED DURING THE PREVIOUS YEAR. It was explained that the budget amendment listed below was needed to allow items budgeted in the previous fiscal year but not yet expended to be carried over into the current budget. 4l-l33.5(IRR) $ 6,205 4l-l33.5(IRR) $12,000 4l-l33.5(IRR) $55,424 01-131.3(FRS) $ 2,500 ACCOUNT NO. 01-513-4610 01-513-3100 01-519-3100 01-519-3100 01-524-3100 01-541-4630 01-541-6300 01-533-6400 41-533-6400 41-535-4670 41-535-4600 41-533-1200 AMOUNT DESCRIPTION $ 850 $ 2,500 City Hall Ceiling Repairs Microfilm Service $ Pension Study 400 $ 7,000 $ 2,570 ECFRPC Land Use Maps Lakeview Hills Inspection $ Traffic Signal Repair 300 $42,050 $ 2,179 $ 2,724 $ 4,668 Street and Sidewalk Repair Fire Hydrant Painting Scott Air Packs Lift Station 21 Repairs $ 940 Sewage Plant Flow Meter Repair $ 4,187 Water Line Transfers Odophos Tanks Manhole Repairs Well Housing & Capacity Increase Microfilm Reader 84-181 After a brief discussion of the amendment, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ADOPT THE BUDGET AMENDMENT AS LISTED ABOVE TO ALLOW THE ITEMS TO BE CARRIED OVER INTO FISCAL YEAR 1984-1985. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 23, 1984 Page -5- There being no further business, t meeting adjourned at 9:15 p.m. ATTEST: