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09-28-1984 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 28, 1984 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, August 28, 1984 in the Council Chambers. The Meeting was called to order by Mayor Beals at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tem Pool, Council Member Turville, Council Member Cole, and Council Member Henry. Other City Officials present were: City Manager Forbes, City Attorney Baird, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Carlisle Byrd followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held August 14, 1984 were approved as presented. CITY MANAGER'S REPORT LEAGUE OF CITIES CONVENTION City Manager Forbes reminded Council Members of the upcoming Convention to be held in Tampa on October 11 - 13th and asked that anyone interested in attending should contact Julie Brandt. FOURTH STREET WELL It was reported that the Fourth Street Well had experienced a major mechanical failure and would be out of service until repairs could be made to the pump. The company that installed the pump would be here as soon as possible to pull it and see what is wrong. CENTRAL BUSINESS DISTRICT It was reported that a new building was being constructed in the Central Business District (CBD) and the owner intends to construct an overhang about six feet over the City sidewalk. Many of the older buildings in the CBD have such overhangs, and the master plan developed by Adley and Associates in the 60's shows all stores having them. The only problem is that the City Codes do not address permanent overhangs over City property. It was suggested that the Council adopt a policy allowing overhangs over the City right-of-way. If adopted, the policy would then be incorporated into the City's building ordinance. The proposed policy was given to Council Members. Council Member Turville stated that he needed clarification of the word "projection" in the policy. City Manager Forbes stated that a projection was an eave. Mr. Turville further stated that he was concerned that the actual occupied building space might overhang the sidewalk. Mr. Forbes reiterated that the projection was an eave, not the building extending over the sidewalk. Council Member Pool expressed his concern if there was a liability problem if the City adopted the policy. City Attorney Baird stated that there would be no problems. 84-128After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT THE FOLLOWING POLICY ALLOWING OVERHANGS OVER THE RIGHT-OF-WAY IN THE CENTRAL BUSINESS DISTRICT: "PROPERTIES LOCATED WITHIN THE C-2 CENTRAL BUSINESS DISTRICT MAY HAVE ROOF PROJECTIONS (EAVES) OVER THE PUBLIC RIGHT-OF-WAY. SUCH ROOF PROJECTIONS SHALL NOT BE LESS e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 28, 1984 Page -2- THAN 8' ABOVE GROUND AND SHALL NOT EXTEND MORE THAN 8' OVER THE PUBLIC RIGHT-OF-WAY, OR 2' BACK FROM THE CURB, WHICHEVER IS LESS. NOTHING IN THIS POLICY SHALL BE CONSTRUED TO ALLOW ROOF PROJECTIONS OVER PUBLIC STREETS, ALLEYS OR PARKING AREAS WHICH WOULD INHIBIT THE FREE FLOW OF TRAFFIC". THE CITY WILL USE THIS POLICY UNTIL IT IS PUT INTO CODE FORM. GEORGE HOVIS LETTER It was reported that Mr. Hovis was contemplating leasing office space in the North Carolina National Bank Building and would want to either sub-lease his office space or surrender back his lease to the City effective October 1, 1984. After a brief discussion, it was the consensus of the Council to have Mr. Hovis present during the next Regular Council Meeting to officially express his intent regarding his lease. CLAUDE SMOAK LETTER A letter from County Commissioner Smoak and a site plan of a proposed project for the north side of Lake Minneola was presented to Council, as was a proposed letter to the County Planning and Zoning Commission stating the City's comments on this project. Mayor Beals read both the Smoak letter and the proposed letter to the County Planning and Zoning Commission. Council Member Turville stated that it appeared that the 177 acre lake in the proposed development was included in the land requirements when the density was calculated and that it should be deleted. A conversation regarding annexing followed, and City Attorney Baird stated that the property could not be annexed because it was not contiguous to the City Limits by virtue of Lake Minneola. 84-129 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED FOR THE CITY TO SEND THE LETTER TO THE LAKE COUNTY PLANNING AND ZONING COMMISSION AS AMENDED BY DELETING THE LAST PARAGRAPH CONCERNING ANNEXATION AND ADDING ITEM D. WHICH WOULD DELETE THE 177 ACRE LAKE WHEN CALCULATING THE LAND AREA FOR DENSITY REQUIREMENTS. COUNCIL MEMBER COLE'S REPORT SHOPPING CARTS IN THE JUNIOR HIGH SCHOOL AREA Council Member Cole asked that the City Manager take action to remove the numerous shopping carts located in the grove by the Junior High School because they could pose a potential traffic hazard in the area. City Manager Forbes stated that he would contact the stores who own the carts and have them removed. FINAL READING - ORDINANCE l65-M, STREET CLOSING - CRYSTAL LAKE DRIVE Mayor Beals reported that Mr. Carlisle Byrd of 143 Montrose Street and Gerald Norris who lives at 180 West DeSoto Street had requested that the portion of Crystal Lake Drive which adjoins their properties be closed. The request was made to allow the property owners more control over who enters the property they maintain. If adopted, the ordinance would close Crystal Lake Drive between Montrose and DeSoto Streets. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 28, 1984 Page -3- Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed ordinance. Council Member Cole asked City Manager Forbes if this request was granted, would it pose any problems for the City. Mr. Forbes stated that the City was keeping all of its necessary easements over the property. Council Member Turville stated that he believed that the City should keep this portion of Crystal Lake Drive. It provided the City with ingress and egress, and, as the City grows and traffic increases, the City may have to buy it back at some future date. The request was benefitting only two people, and if the City did not grant the request it would be keeping the status quo, thus protecting the public for the future. Council Member Pool stated that he could not see placing a street that close to the lake, and the City has protected itself by keeping the required easements. 84-l30After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE TO ADOPT ORDINANCE l65-M PERMANENTLY ABANDONING A PORTION OF CRYSTAL LAKE DRIVE AS DESCRIBED IN THE ORDINANCE. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL AND COLE; AYE AND MAYOR BEALS; AYE. COUNCIL MEMBER TURVILLE VOTED NAY. THE ORDINANCE WAS READ BY TITLE ONLY. INTRODUCTION OF ORDINANCE l62-M, FRANCHISE AGREEMENT WITH UNITED TELEPHONE COMPANY OF FLORIDA It was reported that the present franchise agreement with United Telephone Company of Florida expires in May of 1985. This agreement had allowed the City to have telephone service (two business lines) with no charge for local service. However, a new Florida Public Service commission regulation which takes effect October 28, 1984 no longer allows free service. For this reason United Telephone has recommended that the City adopt a flat percentage franchise fee. The fee in the proposed ordinance would be 1.5% of the gross monthly local exchange service revenues. The proposed Ordinance has been carefully reviewed by United Telephone Attorneys. All Council Members received a copy of the proposed ordi- nancee with noted changes, incorporating most of the suggestions provided by United Telephone. These changes were made because they fall under the jurisdiction of the Public Service Commission. Judy Pease, Marketing Director for United Telephone Company of Florida was present to answer questions. She also suggested three additional changes to the proposed ordinance. Changes were proposed for Section 2, Paragraph 1 on Page 2 which added "Florida Public Service Commission"; Section 8, Paragraph 3 on Page 3 which made reference to a Letter of Understanding; and to Section 12, Paragraph 3 on Page 4 which added language dealing with assigning the agreement instead of termi- nating it. 84-131 After a brief discussion, A MOTION WAS SECONDED BY COUNCIL MEMBER TURVILLE TO AMENDED BY THE THREE PROPOSED CHANGES. BY TITLE ONLY. MADE BY COUNCIL MEMBER POOL AND INTRODUCE ORDINANCE l62-M AS THE ORDINANCE WAS INTRODUCED e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 28, 1984 Page -4- INTRODUCTION OF ORDINANCE 239-C, SEWER USE Mayor Beals read from a Memo dated August 23, 1984 explaining the different articles of the proposed Ordinance which is required by the Federal Environmental Protection Agency in order for the City to receive funds for the expansion of the Waste Treatment Plant. (This Memo is attached and made part of the official record). 84-l32After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 239-C, SEWER USE AS PRESENTED. THE ORDINANCE WAS READ BY TITLE ONLY. FUTURE LAND USE MAPS - EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL City Manager Forbes reported that the City should consider adopting a Future Land Use Plan as part of the City's Comprehensive Plan, and that the existing Land Use Map be updated. Although not a budgeted item, monies for this project could come from General Fund Reserves. A letter from Aaron Dowling of the East Central Florida Regional Planning Council was read which stated that they could do the requested work for $6,000 excluding graphics. They estimated that the graphics would cost an additional $2,000 bringing the total costs to $8,000. Mr. Forbes stated that the City actually would be charged an hourly rate for this work, and that the price for graphics could be reduced making the total price lower than the estimated $8,000. 84-133A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL TO ENTER INTO AN AGREEMENT WITH THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL TO UPDATE THE CITY'S LAND USE MAP AT A COST OF $6,000 FOR THE WORK, AND $1,000 FOR THE GRAPHICS. Under discussion, Council Member Turville suggested that the City contact the City Engineer to see if the ECFRPC figure was reasonable. City Manager Forbes stated that if we did that, then the City might as well take bids from other companies for the work. He explained that the actual cost could be much less since the City would be charged only for the actual amount of time spent on the project. City Attorney Baird stated that he felt that the $8,000 figure was very reasonable. Council Member Turville called for the question, AND THE MOTION UNANIMOUSLY CARRIED. COUNCIL SALARIES Council Member Pool stated that the Council Members' salaries had been the same ($75 per month) for sixteen years, and he felt that they should be raised. He further stated that he had talked to numerous people and they felt the Council deserved a raise. In fact, some people had suggested that the Council receive a yearly cost of living increase. Mr. Pool stated that he felt the monthly salary should be $125 for Council Members and $150 for the Mayor. Mayor Beals stated that he felt rewards for public service should be other than monetary. Council Member Cole stated that since a Council could not vote itself a pay increase, and any increase should go into effect in e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 28, 1984 Page -5- December of 1985, he believed a salary of $150 per month for Council Members and $200 per month for the Mayor would be adequate. Jack Sargent, who was present in the audience, stated that he could not give an exact figure for salaries, but felt that they should be drastically higher because Council Members are at the beck and call of the public 24 hours per day, seven days a week. Council Member Turville stated that a figure cannot be placed on the time involved with a public office. He further stated that the present salary covers most monthly expenses and there was not an out of pocket loss. 84-l34A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND WAS DEFEATED BY A THREE TO TWO VOTE TO INCREASE THE COUNCIL SALARIES EFFECTIVE DECEMBER 1985 TO $125 PER MONTH FOR COUNCIL MEMBERS AND $150 PER MONTH FOR THE MAYOR'S POSITION. COUNCIL MEMBERS POOL AND COLE VOTED AYE, AND COUNCIL MEMBERS HENRY AND TURVILLE AND MAYOR BEALS VOTED NAY. AMENDMENT TO RESOLUTION NO. 356, OCCUPATIONAL LICENSES It was reported that the Finance Department had recommended that Resolution No. 356 be amended to delete Item 14, Coin Operated Machines from the Occupational Licenses list. The $7.50 fee for these machines is difficult to enforce and represents a small part of the total fees collected. It would also help public relations if this fee was eliminated. 84-l35After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO AMEND RESOLUTION NO. 356 TO DELETE ITEM 14. COIN OPERATED MACHINES. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, POOL, TURVILLE,AND HENRY; AYE AND MAYOR BEALS, AYE. There being no further business, the meeting adjourned at 8:35 p.m. P~/J.~ CHARLES B. BEALS, MAYOR ATTEST: ~~~., YN SAUNDERS, CITY CLERK