10-09-1984 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
October 9, 1984
The Regular Meeting of the City Council of the City of Clermont was
held Tuesday, October 9, 1984. The Meeting was called to order by
Mayor Beals at 7:30 p.m. with the following Council Members in
attendance: Council Member Turville, Council Member Cole, Council
Member Henry and Mayor Pro Tem Pool. Other City Officials present
were City Manager Forbes, City Attorney Baird 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 Meeting held September 25, 1984 and the
Workshop Meeting held October 2, 1984 were approved as presented.
REPORTS
CITY MANAGER'S REPORT
LAKE COUNTY COMMUNITY ACTION AGENCY
It was reported that Bess Jones, a long time Clermont resident, would
no longer be able to serve on the Board of Directors of the Lake County
Community Action Agency. The Agency is seeking a new Board Member
from Clermont with the appointment being made by November 1, 1984.
Council Members were asked to help find a Clermont resident willing to
serve on the Board of Directors, and were asked to bring a list of
their nominees to the second meeting in October.
LAKE WINONA BRIDGE
It was reported that Newman Engineering of Leesburg would give a
cost estimate for repairs to the existing bridge for a fixed fee
of $1,750 with work completed within sixty days from the City's
notice to proceed. This work would include an outline of defi-
ciencies, sketches and drawings depicting remedial steps necessary
to bring the structure up to standard and cost estimates for the
work. Working drawings and specifications would not be included in
the fee.
Mr. Forbes further reported a cost estimate for installing a culvert
bridge would be $35,000 to $40,000 and that he would like the cost
estimate for repairing the existing bridge.
84-166 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO HAVE
NEWMAN CONSULTING ENGINEERS OF LEES BURG PREPARE A STUDY AND COST
ANALYSIS FOR A FIXED FEE OF $1,750 ON REPAIRING THE LAKE WINONA
BRIDGE, INCLUDING PRELIMINARY PLANS FOR REPAIRING THE EXISTING
BRIDGE AND COST ESTIMATES FOR THE WORK.
LOWER LEVEL OFFICE SPACE - CITY HALL
It was reported that advertisements for the rental of the approximately
1,800 square feet of office space in the lower level of City Hall had
been placed in the local newspapers, and if there were no Council
objections, the City would be asking a $600 per month rental fee with
a four year lease. There were no Council objections to the $600 fee.
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LAKE MINNEOLA FISHING PIER
It was reported that Plummer Construction would begin work on rebuild-
ing the fishing pier on October 10, 1984, and that the pier would be
closed approximately three weeks. Payment for this project is coming
from State funds.
SECOND COUNCIL MEETING IN DECEMBER
City Manager Forbes reported that the second regularly scheduled
Council Meeting in December would fall on Christmas Day, and suggested
that the Meeting be cancelled. This action would have the advantage
of freeing Council Members and the public of conflicts during the
Holiday Season. If the Council decides to cancel the meeting now,
scheduling conflicts could be avoided. After a brief discussion,
it was the consensus of the Council to cancel the second Council
Meeting in December.
OLD GALVANIZED WATER LINES ON BLOXAM NORTH OF HAMPTON STREET
It was reported that nineteen homes in an area north of Almond Street,
south of Highland Avenue and east of Bloxam Avenue were on old galvan-
ized water lines which run behind the homes. The City would like to
replace and relocate the lines and the meters to the City right-of-way
in front of the homes. It was difficult for the meter reader to go
behind the homes, and there appeared to be no City easement where the
line is presently located.
City Manager Forbes asked how the Council wished to handle this matter
with regard to hooking up the homes to the relocated water meters.
Normally, the homeowner is responsible for installing the line from
the meter to the house.
Council Member Turville stated that he felt it would be more expensive
for the City to acquire an easement for the existing line, and the
City should pay the cost to run the lines from the meters to the houses
as soon as possible because this area has some of the worst water in
Clermont.
84-167 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO HAVE THE
CITY MANAGER ADVERTISE FOR BIDS FROM LOCAL PLUMBERS FOR THIS WORK.
COUNCIL MEMBER POOL'S REPORT
Council Member Pool stated that he would be out of town from
November 10th through the 17th, and wanted the Council to be aware
of the fact. He stated that he would miss the first Council Meeting
after the election and did not want the Council to be without a
a quorum present. Mayor Beals stated that his resignation would
be effective on the day of the Council Meeting. However, he stated
that he would check, but he thought he would have until midnight
and would be able to attend the meeting.
VISITORS WITH BUSINESS
RESOLUTION NO. 480 - REQUEST FOR A CONDITIONAL USE PERMIT FOR A
37 UNIT APARTMENT COMPLEX AT THE NORTHEAST CORNER OF HIGHLAND
AVENUE AND ANDERSON STREET
Mr. Stephen Vaughn, representing Mr. Steven Richey, appeared before
Council to request a Conditional Use Permit to construct a thirty-
seven unit apartment complex at the northeast corner of the inter-
section of Highland Avenue and Anderson Street.
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Mayor Beals stated that the Planning and zoning Commission had
unanimously recommended approval of this request at its
October 2, 1984 Meeting.
Mr. Vaughn stated that he would answer any questions that the
Council might have concerning this request, and he explained that
he was developing the land on the west side of Anderson Street, and
that he and Mr. Richey wished to put the sewer and water lines in
for their projects before paving Anderson Street. He also stated
that they wished to contact Miss Boney who owns property north of the
Richey development regarding extending the utilities and paving Anderson
Street in front of her property, so the street would not have to be torn
up numerous times. The entrance to Mr. Richey's development would be on
Anderson Street.
Mayor Beals called for comments from those present in the audience, and
no one spoke for or against the Conditional Use Permit request.
City Manager Forbes explained that all improvements had to be constructed
to the standards of the City's Development Ordinance and approved by the
City Engineer before any certificates of occupancy could be issued.
84-168 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL
VOTE TO ADOPT RESOLUTION NO. 480 GRANTING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A THIRTY-SEVEN UNIT APARTMENT COMPLEX IN
AN R-3 RESIDENTIAL/PROFESSIONAL ZONE. VOTING WAS AS FOLLOWS:
COUNCIL MEMBERS HENRY, POOL, COLE AND TURVILLE, AYE; AND MAYOR
BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
RESOLUTION NO. 481 - REQUEST FOR A CONDITIONAL USE PERMIT FOR AN
OFFICE LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF
HIGHWAY 50 AND BOWMAN STREET.
It was explained that Walter Poynter had requested a Conditional
Use Permit to construct a three story office building at the south-
west corner of the intersection of Highway 50 and Bowman Street.
The building would consist of parking and storage in the ground
floor and six offices in the upper two stories. The upper story
would be level with Highway 50.
At the October 2, 1984 Planning and Zoning Meeting, approval of
this request was unanimously recommended.
Mr. Bob Thompson, representing Mr. Poynter, appeared before Council
to answer any questions they might have.
Mayor Beals called for comments from those present in the audience,
and no one spoke for or against the request.
84-169 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL
CALL VOTE TO ADOPT RESOLUTION NO. 481 GRANTING A CONDITIONAL USE
PERMIT FOR THE CONSTRUCTION OF A THREE STORY 4,800 SQUARE FOOT
OFFICE BUILDING IN AN R-3 RESIDENTIAL/PROFESSIONAL ZONE. VOTING
WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, HENRY AND POOL,
AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
VARIANCE REQUEST TO FRONT YARD SETBACK- SHOP AND GO 699 EAST HIGHWAY 50.
Mayor Beals reported that the Shop and Go located at 699 East Highway
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50 had requested a front yard setback variance in order to construct
a canopy over the existing gasoline pumps. Each Council Member
received a site plan showing the proposed canopy.
Only the canopy would encroach 9' into the front yard setback of 50'.
Council Member Turville stated that in light of the fact that other
variances had been granted for this type of request, the most recent
being for the Cumberland Farms Store, this request also should be
granted.
84-170 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT
THE VARIANCE REQUEST OF 9' FOR THE CONSTRUCTION OF A CANOPY OVER
THE EXISTING GAS PUMPS AS PRESENTED IN THE SITE PLAN.
VARIANCE REQUEST TO SIGN CODE ORDINANCE - 858 WEST MINNEOLA
Mayor Beals explained that Mr. Michael Floyd, who operates the funeral
home at 858 West Minneola Avenue, had requested a variance to the
City's Sign Code Ordinance to allow an existing sign in front of
the funeral home to remain 6' from the property line, whereas 12.5'
is required.
Council Member Pool stated that he had looked at the sign, and felt
that it should remain in its present location. He further stated
that the funeral home abuts a C2/CBD zoned property which permits a
sign of this type.
If the funeral home was located across the street in the C-2/Central
Business District, the sign could be on the lot line.
84-171 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT
THE REQUEST FOR A VARIANCE FROM THE SIGN CODE ORDINANCE ALLOWING
THE EXISTING SIGN TO REMAIN SIX FEET FROM THE PROPERTY LINE, WHEREAS
12.5' IS REQUIRED.
OLD BUSINESS
APPROVAL OF BOONE'S REPLAT
Mayor Beals reported that during the September 11, 1984 Council
Meeting the Council approved a lot size variance for Boone's
Replat which consists of two lots formerly part of the Dickson
Shores Subdivision.
Since Mr. Boone has presented the City with all of the required
documents for the replat, formal approval should be given to
the replat.
Council Member Turville stated that the City should extend this
replat the same exceptions which were granted to the Dickson
Shores Subdivision: no sidewalks required, and waiver of the
5% fee for parks and recreation.
84-172 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED
TO GRANT COUNCIL APPROVAL TO BOONE'S REPLAT SUBDIVISION WITH THE
SAME EXCEPTIONS AS DICKSON SHORES SUBDIVISION: NO SIDEWALKS ARE
REQUIRED AND WAIVER OF THE 5% FEE FOR PARKS AND RECREATION.
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ENGINEERING AGREEMENT FOR EXPANSION OF THE WASTE TREATMENT PLANT
Each Council Member was given a copy of the Engineering Agreement
prior to the Council Meeting and had discussed the Agreement during
a Workshop Meeting held on October 2, 1984. The agreement is for
upgrading the City's sewage lift station No.6, the sewage treatment
plant, effluent disposal system and sludge treatment facilities
from .6 to .95 mgd capacity.
The City Manager reported that he had found an error on page twelve
of the agreement. Item Three should read $73,400, not $60,900 for
additional engineering services during the construction phase of
the agreement.
Mr. Forbes then explained that the Agreement is divided into three
parts: The Design Phase at $76,900, the Construction Phase at
$103,100 and the Operation Phase at $17,200 with a total cost of
the Engineering Agreement being $197,200.
84-173 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER
INTO AN AGREEMENT DATED OCTOBER 9, 1984 WITH JOHN SPRINGSTEAD AND
ASSOCIATES WITH A TOTAL COST FOR ENGINEERING AND ADDITIONAL SERVICES
IN THE AMOUNT OF$197,200.
INTRODUCTION OF ORDINANCE 243-C, AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES
It was explained that this proposed ordinance would amend Chapter 3,
Section 3-3 of the City Ordinance on licensing vendors near schools
or churches. It clarifies the ordinance by stating that no license
can be granted to any person for the on-site consumption of alcohol
within 500' of a church or school.
Since this is the introduction of the ordinance, there was no
84-174 discussion. A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED
BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE 243-C, AMENDING CHAPTER
3, ALCOHOLIC BEVERAGES OF THE CITY'S CODE OF ORDINANCES.
RESOLUTION NO. 482 - VACATING A PORTION OF MINNEHAHA SHORES SUBDIVISION
It was reported that the Lakeview Hills Subdivision, Phases II and III
are presently being subdivided by The Savannahs, Inc. and a portion
of the new subdivision covers the existing plat of Minnehaha Shores
Subdivision.
Mr. Peter Latham, Attorney with the Law Firm of Swann and Haddock,
representing the developers, appeared before Council to answer any
questions concerning the requested vacation.
City Attorney Baird asked Mr. Latham if he had the consent of the
mortgage holders of the existing plat of Minnehaha Shores to vacate
part of the plat. Mr. Latham stated that he did not have their
consent, but had followed procedures specified in Section 177.101,
Florida Statutes.
Mr. Baird stated that he would feel safer if the plat was vacated on
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consent of the mortgage holders, and that the Resolution could be
passed on the condition that this consent is obtained. Mr. Latham
stated that he would do so.
84-l75A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION NO. 482 VACATING A PORTION OF THE PLAT OF MINNEHAHA
SHORES AS DESCRIBED IN THE ATTACHED DOCUMENTS. VOTING WAS AS
FOLLOWS: COUNCIL MEMBERS POOL, HENRY, COLE AND TURVILLE, AYE;
AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
The Resolution will not be recorded until a letter from the mortgage
holders is obtained.
BID AWARD - FIRE TRUCK
City Manager Forbes explained that the City had opened bids for a
1,000 gallon per minute commercial pumper with a 50' telesquirt.
As discussed during the October 2, 1984 Workshop Meeting, American
LaFrance who will offer the City 6.5% financing with the base price
for this vehicle at $139,907. Including Option nA" a diesel engine
at an additional cost of $7,340 and Option "Bn l2n hand rails on the
telesquirt at an additional cost of $435, the total price for the
fire truck with with both options would be $147,682. (See attached
Memo from Fire Chief Smythe dated October 3, 1984). It was pointed
out that Aero was actually the low bidder by $589. However, American
LaFrance's 6.5% financing makes the overall contract price about
$9,000 less expensive.
Another Memo from Fire Chief Smythe dated October 8, 1984 (also
attached) was given to the Council which explained the situation
with regard to having a diesel unit instead of a gasoline engine.
Due to pending Federal Regulations for emission control equipment,
American LaFrance will not furnish gasoline powered pumpers as of
October 2, 1984, until further notice. .
It was recommended that if the Council wished to purchase the truck
from American LaFrance, an agreement should be signed for a down
payment of 20% of the vehicle cost when the truck is delivered
(approximately one year from date of purchase), and to make monthly
payments over five years for the remainder of the costs.
The down payment of $35,756.47 would be transferred from Reserves
into the City's Capital Replacement Fund.
84-176 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO
ACCEPT THE BID OF AMERICAN LAFRANCE FOR A 1000 GPM PUMPER AND 50'
TELESQUIRT, INCLUDING OPTIONS A AND B, IN THE AMOUNT OF $147,682
WITH A 20% DOWN PAYMENT WHEN THE TRUCK IS DELIVERED (OPTIONS A AND
B WILL BE PAID FOR UPON DELIVERY) AND 6.5% FINANCING WITH MONTHLY
PAYMENTS OF THE REMAINDER OF THE COSTS OVER FIVE YEARS.
SEWER MORATORIUM?
Jack Sargent, who was present in the audience, asked if the rumor
he had heard about a moratorium being placed on sewer hookups was
true.
City Manager Forbes explained that there was no such moratorium.
Homes or businesses with existing sewer service available can
connect to the sewer. However, permits for sewer line extensions
were not being issued at this time because the DER had not approved
the City's permit for increased capacity at the sewage treatment
plant. He stated that he felt the permit would be issued within
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Page -7-
the next few weeks, and the problem for the extensions would be resolved.
There being no further business,
e meeting adjourned at 8:25.
13.1i~-L
Beals, Mayor
Attest:
~~,~
ayn Saunders, City Clerk