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09-25-1984 Regular Meeting . e 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 25, 1984 Page -2- "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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 25, 1984 Page -3- 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 e e CITY OF CLERMONT 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 25, 1984 Page -5- 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 e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 25, 1984 Page -6- 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 25, 1984 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 25, 1984 Page -9- 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