09-25-1984 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
September 25, 1984
The Regular Meeting of the City Council of the City of Clermont was
held Tuesday, September 25, 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 Memeber Henry, Council Member
Cole, Council Member Turville, and Mayor Pro Tem Pool. 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 Mr. Herb Rogers followed by the repeating
of The Pledge of Allegiance to the Flag by all present.
REPORTS
CITY MANAGER'S REPORT
CABLEVISION INDUSTRIES OF CENTRAL FLORIDA
A copy of a letter dated September 19, 1984 from Cablevision Industries
of Central Florida was given each Council Member. The letter stated
that effective that date, Cablevision Industries had purchased Group W's
cable television system, and now was responsible for the operation of
the system.
COUNTY CONDITIONAL USE PERMIT FOR CLAY EXTRACTION - HARMON PROPERTY
It was reported that the County Staff will recommend approval of a
Conditional Use Permit for a clay extraction facility on the Harmon
property located south on Highway 27 and then east on Hook Street .2
of a mile. This property will be graded and sloped to road level.
This property borders the City Limits. It was the consensus of the
Council that there would be no problems with the operation of this
facility as long as there were no adverse effects to the adjoining
property within the City Limits.
PICKUP TRUCK TOPPER
84-154
It was reported that the Public Works Department had an old pickup
truck topper which is no longer being used. It was requested that
the topper be declared surplus and advertised for sale. After a
brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO DECLARE THE PICKUP
TOPPER SURPLUS AND ADVERTISE IT FOR SALE.
FOURTH STREET WELL
84-155
It was reported that repairs to the Fourth Street Well had been com-
pleted by Mechanical and Chemical Equipment Company, and a Utility
Budget Amendment would be necessary to pay for the repairs. The total
cost for labor and materials for this work was $5,308. After a brief
discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY
COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED THAT A UTILITY FUND BUDGET
AMENDMENT IN THE AMOUNT OF $5,308 BE MADE WITH PAYMENT COMING FROM
RESERVES TO PAY FOR THE REPAIRS.
WEST BEACH PIER
As discussed during a prior Budget Workshop, due to unsafe conditions,
it was the consensus of the Council to have the West Beach Swim Pier
torn down. If there is a great demand for another pier, it could be
rebuilt next summer.
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September 25, 1984
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"CHRISTMAS UNDER THE STARS" - FIRST BAPTIST CHURCH
It was reported that Jim Cornell of the First Baptist Church had
requested permission to hold an outdoor Christmas Concert in the
church parking lot at the corner of Fifth and Montrose Streets on
December 22nd and 23rd. It was also requested that Fifth Street
between Montrose and DeSoto Streets be blocked off during the per-
formances. It was the consensus of the Council to allow this
request.
BELL CERAMICS' PROPERTY
City Manager Forbes stated that the Bell Ceramics' property located
on Lake Minneola was for sale and he would like Council permission to
look into purchasing or negotiating for the property, whatever is
feasible. This property, along with the railroad property which will
soon become available, would be ideal for future recreational facilities
for the City. It was the consensus of the Council to allow this request.
Mr. Forbes stated that he would keep the Council informed as progress is
made with the dealings.
OFFICE SPACE LEASE
It was reported that office space in the lower level of City Hall would
be available for lease October 1, 1984, and City Attorney Baird would
draft a lease agreement for the office. permission was requested to
advertise the office space for lease. It was the consensus of the
Council that the lower level of City Hall should remain professional
office space and advertised for lease as such.
WORKSHOP FOR TREATMENT PLANT EXPANSION
City Manager Forbes stated that he would like to hold a Workshop to
discuss the Treatment Plant Expansion Project on either Tuesday or
Wednesday, October 2nd or 3rd. After a brief discussion, it was
the consensus of the Council to hold the Workshop on Wednesday,
October 3, 1984 at 7:00 p.m. in the City Hall Conference Room.
OUTDOOR SALES OF VEGETABLES
It was reported that the same people who previously had received
Council permission to sell vegetables in Don McCaffrey's gas station
building next to the Crown Restaurant had requested permission to
continue with their produce sales. It was further reported that
there had been no problems with this operation in the past. It was
the consensus of the Council to allow this request.
FINANCE DIRECTOR'S REPORT
MICROFILM SERVICE
Finance Director Saunders reported that money for microfilming City
documents had been budgeted, and that he had received two proposals
for the service. DMC had bid $6,010 plus approximately $300 for
additional Building Department documents and Accurate Microfilm had
bid $7,895 (which included the Building Department documents). Mr.
Saunders explained what the project entailed, and asked that the
Council authorize DMC for the City's microfilming service.
84-156 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO AUTHORIZE
DMC FOR THE CITY'S MICROFILMING SERVICE.
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It was reported that Mr. Wade would be late and had asked that his
request be deferred until his arrival. It was the consensus of
the Council to do so.
WILLIE MONTGOMERY REQUEST TO SELL BEER AND WINE AT GROCERY STORE
Mayor Beals explained that Mr. Montgomery has applied for a permit
from the State to sell beer and wine (package sales) from Bill's
Grocery Store at 930 Scott Street.
Bill's Grocery is located in an R-2 Residential Zone and does not
conform to our present zoning regulations, but the store was
"grandfathered in" and may continue to operate. It was further
explained that two decisions must be reached before a permit for
the beer and wine sales can be issued: (1) Since most grocery
stores sell beer and wine, should the sale of these beverages be
"grandfathered in" with the store, and (2) the store is about
300' from a church and Section 3-3 of Chapter 3 of the City
Ordinances does not allow licensing of vendors within 500' of
a church or school. Does this apply to package sales or only
to on-site consumption?
Mr. Montgomery appeared before Council and explained that several
people had approached him about selling beer and wine and that
he would like to do so to be more competitive with other small
stores.
He further stated that he was a member of the Church located near
his store, and that he had received no objections from other
church members to the package sale of beer and wine. He also
received no objections from neighbors in the area.
Mayor Beals asked for comments from those present in the audience,
and no one spoke for or against the request.
City Attorney Baird stated that an interpretation of the City Code
is necessary with regard to the licensing of vendors within 300'
of a Church. Is it applicable only to on-site consumption being
prohibited? He recommended that the request be granted and the
ordinance changed to explicitely state what is prohibited within
300' of a Church. It wasthe consensus of the Council that this
ordinance applied to on-site consumption and package sales should
be allowed from the "grandfathered" grocery store.
84-157 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HENRY,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT MR.
WILLIE MONTGOMERY'S REQUEST TO SELL PACKAGED BEER AND WINE FROM BILL'S
GROCERY STORE LOCATED AT 930 SCOTT STREET.
City Attorney Baird stated that he would meet with City Staff to revise
the present ordinance.
BOB WADE - REQUEST TO EXCAVATE CLAY
Mr. Wade appeared before Council to answer questions concerning his
request to excavate clay on approximately 25 acres of land he owns
in the City located north of Highway 50 and east of Jack's Lake.
The land is zoned R-lA - Single Family Homes. Mr. Wade was granted
a Conditional Use Permit by the county for excavation work on his
property adjoining the City Limits.
Mr. Wade explained that the excavation work would be consistent
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MINUTES
REGULAR COUNCIL MEETING
September 25, 1984
Page -4-
with his plans for the property, and that he wishes to taper and
flatten the land out in a pie-shaped wedge to an elevation of 115'
to make the site level with Highway 50, much the way the site for
Bob Wade Ford was excavated.
Council Member Pool expressed his concern for how the site would
look when the excavation was complete, and stated, as the City
Engineer recommended, a plan of reclamation showing finished grades
to a one (1) foot contour interval should be furnished.
Steve Bachelor, owner of a home near Mr. Wade's county excavation
site appeared before Council and explained the problems he has
encountered with this work since the CUP was granted. He further
stated that he had agreed to this Conditional Use Permit with
conditions because he didn't want a big hole left behind his
property, but that the conditions under which this work was to take
place had not been honored.
Mr. William Carrier who owns eleven acres adjacent to the Wade
property being excavated stated that he didn't want such a slope
by his property.
City Attorney Baird stated that he believed a site plan or a
Conditional Use Permit should be required for Mr. Wade to excavate
the property within the City Limits because the City zoning
ordinance states the permitted uses for R-lA property and what
Mr. Wade is proposing to do is not a permitted use.
Council Member Pool stated that he could understand that Mr.
Wade was trying to make a piece of property usable, but it is
zoned R-lA and this type of operation is not permitted in an
R-lA zone. He stated that he felt, as recommended by the City
Engineer, that a soils report from a registered engineer showing
that the soil stability is such that it will not cause damage
to adjacent property owners.
Council Member Turville stated that he believed Mr. Wade was
conducting a mining operation on his property and the Council
should either deny or table the request for further study.
Mayor Beals stated that he felt the Council should give Mr. Wade
some direction as to the length of time, if the request is tabled.
After a great deal of discussion, it was the consensus of the
Council that before this request could be considered, Mr. Wade should
apply for a CUP and include, as recommended by the City Engineer, a
plan of reclamation showing finished grades to a one (1) foot contour
interval and a soils report from a registered engineer showing that
the stability is such that the soil will not cause damage to adjacent
property because of the natural angle of repose.
TEMPORARY WATER LINE
Mr. Wade stated that during the September 11, 1984 Council Meeting,
the Council approved his request to run a temporary water line to his
cabin by Jack's Lake on the condition that the line run parallel to
Highway 50 and then north to the cabin.
Mr. Wade stated that he does not own enough property along Highway 50
to comply with the condition, and wanted to run the line between the two
sections of Jack's Lake. It was discussed that in order to approve of
Mr. Wade's request, a determination will have to be made as to whether
Mr. Wade owns the land between the two sections of the lake.
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September 25, 1984
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City Attorney Baird stated that there would be no problem with this
request, if in fact Mr. Wade does own the property. It was the
consensus of the Council that Mr. Baird should determine if Mr.
Wade does, in fact, own the property. If he does, he may proceed
with installing the water line.
HERBERT ROGERS - REQUEST TO AMEND CUP FOR LAKE HIGHLANDS NURSING HOME
Herbert Rogers, owner of Lake Highlands Nursing Home, appeared before
Council to ask for an amendment to Condition 19 of the Conditional Use
Permit for the addition to the nursing home. Presently, Condition 19
reads as follows:
"The electrical service and dumpster will be moved from their
present locations on the R-lA property and relocated on the R-3
Residential/Professional property".
Mr. Rogers explained that he would like the words "the electrical
service" deleted from the condition because there is 200' between
the present transformer and the one being installed for the new
service which will necessitate replacing all the wiring feeding
into the existing switch boxes. Even if the transformer is moved
from the R-lA property, a junction box 2-3 feet square will have
to be placed where it was located in order to splice the new cable.
Mr. Rogers concluded by stated that implementing this part of Con-
dition 19 was complicated and involved tremendous time, efforts and
expenses which are not warranted.
Mayor Beals asked how much it would cost to move the transformer,
and Mr. Rogers stated $13,500.
The Mayor then asked for comments from those present in the audience,
and Mr. George Dupee who lives at 1650 East Avenue asked for compli-
ance to the Conditional Use Permit becuase he believed that a trans-
former located on R-lA property could not service commercial property.
Council Member Turville mentioned the tradeoffs between the City
and Mr. Rogers when he first applied for the Conditional Use Permit,
and the fact that the City helped with the bonding for the expansion.
He concluded by stated that he felt Mr. Rogers should comply with
the existing Conditional Use Permit.
84-158 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE
WITH COUNCIL MEMBER TURVILLE CASTING THE DISSENTING VOTE, TO AMEND
THE CONDITIONAL USE PERMIT FOR LAKE HIGHLANDS NURSING HOME BY
DELETING THE WORDS "THE ELECTRICAL SERVICE"FROM CONDITION 19.
WILLIAM WESTBERG - REQUEST TO AMEND THE CUP FOR 748 LAKE AVENUE
It was reported that Mr. Westberg had been granted a Conditional
Use Permit to establish a duplex residence in a C-2/CBD General
Commercial Zone. Previously, the property had been a duplex.
Mr. Westberg now wishes to have Condition 4 of his CUP amended
by deleting the words "or business" because he would like to use
one-half of the building as a retail store. Condition 4 now reads:
"This property may be used only as a duplex or single family
residence. No other residential use or business may be con-
ducted from this building."
After a brief discussion on limiting the type of business which
84-159 Mr. Westberg could have at that location, A MOTION WAS MADE BY
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REGULAR COUNCIL MEETING
September 25, 1984
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COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND
UNANIMOUSLY CARRIED TO AMEND CONDITION 4 TO READ AS FOLLOWS:
"THIS PROPERTY CAN BE USED FOR NO MORE THAN TWO RESIDENTIAL
UNITS OR BUSINESSES. BUSINESS USE SHALL BE RESTRICTED TO
RETAIL SALES, PERSONAL SERVICE ESTABLISHMENTS, AND PROFESSIONAL
OFFICES AS DEFINED IN THE CITY'S ZONING ORDINANCE".
KEN PEACH - REQUEST TO ALLOW BOAT TRAILER PARKING ON WWFL PROPERTY
It was reported that Ken Peach, General Manager of WWFL Radio
Station, had requested that Emerald Lakes Mobile Home Park be
allowed to store boat trailers and RV's along the south end of
the station's property. A map was presented showing where the
trailers and RV's would be parked.
84-160 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ALLOW
EMERALD LAKES MOBILE HOME PARK TO PARK BOAT TRAILERS AND RV'S ALONG
THE SOUTH EDGE OF THE RADIO STATION'S PROPERTY WITH THE STIPULATION
THAT A BUFFER HEDGE BE PLANTED AND MAINTAINED ON THE SOUTH PROPERTY
LINE.
OLD BUSINESS
FINAL READING OF ORDINANCE l62-M - FRANCHISE AGREEMENT WITH UNITED
TELEPHONE COMPANY OF FLORIDA
It was reported that the present franchise agreement with United
Telephone would expire in May of 1985. This agreement allowed
the City to have telephone service (two business lines) with
no charge for local service. However, a new Florida Public Service
Commission regulation effective October 28, 1984, no longer allows
free service. For this reason United Telephone has recommended that
the City adopt a flat percentage franchise fee which is the method
used by most cities served by this company.
Ordinance l62-M would set a flat franchise fee rate of 1.5% of the
gross monthly local exchange service revenues which Council Member
Turville stated was middle to low ground when compared to what other
cities charge.
It was further reported that the ordinance had been carefully reviewed
by United Telephone Attorneys, and the revisions discussed at the
August 28th Council Meeting have been made.
Mayor Beals called for comments from those present in the audience,
and no one spoke for or against the proposed ordinance.
84-161 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 ORDINANCE l62-M. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS
HENRY, POOL, TURVILLE AND COLE, AYE; AND MAYOR BEALS, AYE. THE ORDI-
NANCE WAS READ BY TITLE ONLY.
FINAL READING - ORDINANCE 239-C, SEWER USE
Mayor Beals reported that this ordinance is required by the Federal
Environmental Protection agency in order for the City to receive funds
for the expansion of the Waste Treatment Plant, and that the State had
approved the completeness and adequacy of this ordinance.
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Page -7-
Mayor Beals continued by stating that if adopted, Ordinance 239-C would
cover the following items:
ARTICLE I sets general standards for the operation of the water and
sewer service including a provision that no service can be provided
to property outside of the City Limits.
ARTICLE II covers rate schedules (which may be set by resolution or
miscellaneous ordinance), contracts, deposits, and utility benefit
fees.
ARTICLE III contains provisions on the use of public sewers and
requires connection to the City sewer system. It requires all
subdivided properties to connect to the public sewer and prohibits
certain types of wastes from being disposed of in the public sewer.
ARTICLE IV sets standards for preventing backflow or cross connec-
tions between the City's potable water and unapproved water or other
liquids.
The provisions of this ordinance are very similar to our existing
Sewer Use Ordinance which is contained in Chapter 25 of the City
Code of Ordinances. The existing ordinance has been modified to
update and meet the requirements of the EPA. Utility Director
Davis and the Finance Director also have reviewed these provisions.
Two items eliminated from the proposed ordinace are service charges
for buildings with sprinkler systems and a charge for fire hydrants
or hose racks on private property. These were eliminated at the
suggestion of the Finance Director since the small fee received
($130) did not warrant the special charges. However, the ordinance
does require a $25 yearly hydrant fee that the General Fund pays the
Utility Department for water, since hydrants are not metered.
Mayor Beals called for comments from those present in the audience,
and no one spoke for or against the proposed ordinance.
84-162 After a brief discussion of the ordinance, A MOTION WAS MADE BY
COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 239-C,
SEWER USE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE
HENRY AND POOL, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ
BY TITLE ONLY.
NEW BUSINESS
EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY
It was reported that the present employment agreement with the City
Attorney was approved on september 15, 1982 and extended last year
until October 1, 1984. Council consideration of another one year
extension was requested.
City Attorney Baird was asked if he was satisfied with the present
agreement, and he stated that he was.
84-163 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO EXTEND
THE PRESENT EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY FOR ANOTHER
YEAR, OR UNTIL OCTOBER 1, 1985.
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September 25, 1985
Page -8-
CHANGE ORDER NUMBER 1 - ADDITION TO COOPER MEMORIAL LIBRARY
Mayor Beals reported that the Library Board has recommended approval
and committed funds to pay for Change Order No. 1 for the construction of
the addition to the Library. This Change Order consists of:
1. Excavate rubbish and provide new compact fill
dirt under the west foundation wall.
$780.41
2. Replace existing orangeburg pipe with new
cast iron pipe.
$158.59
3. Install 28 feet of additional planter wall
and footing at $16 per foot.
$448.00
TOTAL COST OF CHANGE ORDER NO. 1
$1,394.00
Council Member Pool explained that buried trash was found when
excavation was begun for the foundation and had to be removed
and replaced with new fill dirt before construction could begin.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
84-164 SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPROVE
CHANGE ORDER NO. 1 FOR THE CONSTRUCTION OF AN ADDITION TO COOPER
MEMORIAL LIBRARY IN THE AMOUNT OF $1,394.00.
ADOPTION OF HANDICAPPED REPORT
It was reported that Federal Regulations require all cities that
receive Revenue Sharing Funds to prepare a Self Evaluation Report
on Discrimination on the Basis of Handicap by October 17, 1984,
and to evaluate current policies and practices and identify any
effects which do not meet the requirements of the Federal Laws.
Each Council Member was given a copy of the report and Mayor
Beals explained that it contained the following information:
1. Physical accessibility of services and facilities to
handicapped persons.
2. Employment and recruitment policies, which are found to
be in compliance with Federal Laws.
3. Establishing a grievance procedure for the prompt reso-
lution of complaints alleging handicapped discrimination.
The grievance procedure designates the City Manager as the
responsible person to resolve these complaints and allows
for an appeal of the City Manager's decision to the City
Council.
4. The recommendation to follow the procedures listed below:
A. All ads for City Employment must include a clause
that the City of Clermont is an "Equal Opportunity
Employer" that does not discriminate against the
handicapped.
B. Local radio stations should be used for Public
Announcements and Notices to insure that they are
reaching all handicapped citizens.
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September 25, 1984
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C. All new sidewalks or substantial rehabilitation of
old sidewalks must be provided with wheelchair ramps.
D. Any substantial renovations to City facilities must
include rehabilitating restrooms (if applicable) to
meet handicapped standards.
E. At least once a year, the City should place ads and
other public announcements that state the City does
not discriminate against the handicapped. (See
attached sample ad).
F. Any grievances must be carefully reviewed and resolved
as soon as possible.
84-165 A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER
HENRY AND UNANIMOUSLY CARRIED TO ADOPT THE REPORT AS PRESENTED.
There being no further business, the meeting adjourned at 9:00 p.m.
~ /!J.~
CHARLES B. BEALS, MAYOR
ATTEST:
~~~,,- )
AYN SAUNDERS, CITY CLERK