08-14-1984 Regular Meeting e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 14, 1984 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, August 14, 1984 in the City 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, Council Member Turville, Council Member Pool and Council Member Cole. Other City Officials present were: City Manager Forbes, City Attorney Baird and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Reverend David Carter of the First Baptist Church followed by the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held July 24, 1984 and the Work- shop Meeting held August 1, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT HAYCROP AT THE SPRAYFIELD SITE It was reported that the hay crop at the sprayfield is growing well on about two-thirds of the property, and this hay needs mowing. The City's lease agreement with Mr. Kuharske stipulates that he will begin paying the City $100 per month after the first mowing. Because the crop is not totally acceptable, Mr. Kuharske has requested that the City fertilize the field one time, with the understanding that he would begin payment of $100 per month. Mr. Kuharske will be respon- sible for the mowing and fertilizing after this application. It was further reported that the City had a soil analysis performed at the site, and the estimated cost of fertilizing would be $1,661. 84-ll5After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HENRY, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO FERTILIZE THE SPRAYFIELD SITE ONE TIME ONLY, AT AN ESTIMATED COST OF $1,661. MR. KUHARSKE WILL MOW THE EXISTING HAY AND BEGIN PAYMENT OF $100 PER MONTH. LAND USE MEETING It was reported that the County would be holding a land use meeting in the Council Chambers on Wednesday, August 15th. The meeting would allow citizen input on the proposed use of the areas surrounding the City of Clermont. It was also reported that the City's Planning and Zoning Commission had almost completed its work with the Comprehensive Plan. The East Central Florida Regional Planning Council had been contacted to draw a Land Use Map for the Plan. COUNCIL MEMBER POOL'S REPORT WATER COMPLAINTS Council Member Pool stated that he had received numerous complaints about the City's water, and asked Mr. Forbes to explain what was being done about the problem. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 14, 1984 Page -2- Mr. Forbes explained the City's water line replacement program which has been going on for about one year and will continue until all of the old galvanized lines which are creating the problems have been replaced. He stated that some problems have been caused by the old galvanized lines which run from the meter to the house, particularly in the City's older homes. It would be the responsibility of the homeowner to replace those lines. Continuing, he stated that the City would get back on a regular schedule of flushing lines to eliminate rust. Combined, these measures should solve about 90% of the problems. However, if problems do continue, the City may have to reline its cast iron water mains. COUNCIL MEMBER TURVILLE'S REPORT Council Member Turville asked if something could be done to get rid of the big puddle of standing water in front of the Jaycee Beach Concession Building. City Manager Forbes stated that he would investigate the prob- lem and see what could be done. Also, Mr. Turville stated that dirt was being washed out when the hydrants were turned on to flush water lines, and the grass grew over the holes and presented a dangerous situation. Mr. Forbes stated that he would speak to the Utility Department to see if the water could be channeled in a different manner. MAYOR'S REPORT CITY LOGO Mayor Beals asked permission for the Chamber of Commerce to use the City's Logo on T-shirts for the Labor Day Race. It was the consensus of the Council to allow this request. CLERMONT HOTEL Mayor Beals asked what the Council wished to do concerning the Hotel. Council Member Turville stated that he felt the Weber Trust should be contacted and told that the City wished to pursue the matter as expedi- tiously as possible. Mayor Beals stated that he felt the City should assert a legal challenge to bring the matter to the conference table. After a brief discussion, it was the consensus of the Council to contact the mortgage holders to see what their intentions are before any further legal action is taken. RESOLUTION NO. 472 - VAUGHN REQUEST FOR A CONDITIONAL USE PERMIT It was explained that Steve Vaughn, Sr. and Steve Vaughn, Jr. had requested a Conditional Use Permit to construct thirty-four apartment units at the northwest corner of the intersection of Anderson Street and Highland Avenue. Apartment complexes of over 23 units are a Conditional Use in R-3 Residential/Professional Zones. It was further reported that the Planning and Zoning Commission at its August 7, 1984 Meeting had unanimously recommended approval of this project, subject to the conditions listed in Resolution No. 472. Mr. Cliff Bailey, owner of the property; Mr. Steve Vaughn, Jr., the developer and Mr. Louis George, Architect for the project appeared before Council to answer any questions they might have. e e CITY OF CLlJ,RMONT .. - MINUTES REGULAR COUNCIL MEETING J August 14, 1984 Page -3- Mayor Beals called for comments from those present in the audience, and no one spoke for or against the project. 84-ll6After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO GRANT THE CONDITIONAL USE PERMIT AND ADOPT RESOLUTION NO. 472. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, COLE AND TURVILLE; AYE AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. AMENDMENT TO RESOLUTION NO. 335, CONDITIONAL USE PERMIT - FIRST BAPTIST CHURCH It was explained that the Baptist Church had received a CUP in September of 1979 to allow grass parking and a nursery school on the church prop- erty located at 497 Montrose Street and subject to the five conditions stated in the Resolution. Recently the church fenced some additional property for use by the nursery school as a playground in back of Bill Brooks' home located at 429 Montrose Street. In deeding this property to the church, Mr. Brooks' lot has become nonconforming, and is thus prohibited by Sec. 26-14 of the Zoning Ordinance. The church is now requesting an amendment to its CUP to allow use of this additional property. At the August 7, 1984 Planning and Zoning Commission Meeting the Commission recommended by a five to one vote (Commission Member Adelbert Evans voted nay) that the City Council allow this request subject to the conditions listed in Resolution No. 335 with the addition of a sixth condition which states: "The south 50' of Lots 7 & 8, Block 48 shall be used only as an area of general activities of the church and nursery school, but not for buildings or parking. The home on the remainder of these lots shall be re- classified as a single family dwelling and used only as such". Mayor Beals then read letters from James & Doris Stewart, Martha G. Bruce, and Adelbert Evans all in oposition to this request. The Stewart and Bruce properties adjoin the Brooks' property. (Copies of these letters are attached and made part of the record). Mr. Dan Boone, who was present in the audience and represented the Baptist Church, presented the Council with a petition signed by eleven property owners near the church who did not oppose the use of the additional property as a playground. Reverend David Carter stated that he had questioned the people who live in a duplex owned by Mary Jean Ann Williams at 732 4th Street, and the noise coming from the new area did not bother them. He further stated that the church had gone to considerable expense to fill in a gulley, put in an irrigation system and sod the property deeded to them by Mr. Brooks. Mr. Brooks put up the fence. He stated that the church was unaware, at the time, that it was in vio- lation of the requirements of its CUP. He further stated that the church had every intention of complying with the City's ordinances, and would be willing to deed 5' of the property back to Mr. Brooks in order to make his lot conform. Mrs. Nilsa Whitehead spoke in favor of the church's request and the quality care provided by the Day Care Center. She stated that she felt it was a shame that the only opposition to the request was coming from people who do not live in Clermont, but own prop- ery near the new playground area. Mary Jean Ann Williams appeared before the council and presented a map showing how her property was most directly effected by the request because her porch was located approximately 15' from the new play- ground area. Highly emotional testimony followed stating that the children were noisy from early morning until early evening. They e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 14, 1984 Page -4- bothered her and her tenant, and poked their fingers through the fence. She expressed her concern that they could be bitten by her German Shepherd. Continuing, Ms. Williams stated that she could not sell her property because of the continuous noise on this lower playground. The noise was not a problem when the children played at the top of the hill, but now was a constant annoyance which deprived her of enjoyment of her own home. Roger Cameron of 490 West DeSoto Street stated that he lived close to the church and the noise didn't bother him, and asked Ms. Williams if she wanted Clermont to be an all adult community? Council Member Turville asked Reverend Carter why the church moved down the hill with its playground and if they had always intended to use the property as a playground? Reverend Carter responded that the Day Care Center had grown rapidly, and the area met a need. It was always intended to be used as a playground. Adelbert Evans explained the lot size requirements for a duplex and a single family residence. Reverend Carter again stated that the church would be willing to give Mr. Brooks back 5' of the property in order to make his lot conform for a single family residence. (7,500 square feet is required). Council Member Pool stated that he had spoken with Mr. Brooks and he thought that he was willing to make his property a single family resi- dence. Reverend Carter stated that he believed that Mr. Brooks wanted to keep his existing duplex. It was discussed that since a duplex requires 10,000 square feet, it would make his property non conforming if the Brooks' property remained a duplex. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER POOL TO GRANT THE CHURCH'S REQUEST FOR AN AMENDMENT TO ITS EXISTING CONDITIONAL USE PERMIT RESOLUTION NO. 335, SUBJECT TO CONDITION #6 AS STATED ABOVE AND THE RECOMMENDATIONS OF THE PLANNING AND ZONING COUNCIL THAT MR. BROOKS' PROPERTY BE RE- CLASSIFIED AS A SINGLE FAMILY DWELLING AND USED AS SUCH. Under discussion, Council Member Turville expressed his concern for the property value of Ms. Williams' home if the playground area was allowed to remain. COUNCIL MEMBER POOL STATED THAT HE WOULD LIKE TO AMEND THE MOTION TO INCLUDE A WOODEN FENCE AS A BUFFER STRIP ON THE EAST AND SOUTH SIDES OF THE BROOKS' PROPERTY. At this point, Reverend Carter asked that the church's request for an amendment to its Conditional Use Permit be withdrawn. City Attorney Baird asked the church if it fully understood what withdrawing the request meant? Reverend Carter stated that he did, and that the Church would be giving the property back to Mr. Brooks. The City Attorney stated that by withdrawing the request, the Church would be required to reapply for another hearing if they wish the Council to consider the request again. 34-ll~OUNCIL MEMBERS COLE AND POOL THEN WITHDREW THE MOTIONS AND THE SECOND AND THE ISSUE WAS WITHDRAWN. FINAL READING OF ORDINANCE l56-M, REZONING FROM R-l TO R-3 AT THE NE CORNER OF ANDERSON STREET AND HIGHLAND AVENUE It was explained that Mr. Steven Richey had requested to rezone five acres located at the northeast corner of the intersection of the e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 14, 1984 Page -5- Anderson Street right-of-way and Highland Avenue from R-l to R-3. The Planning and Zoning Commission had recommended that the request be delayed without prejudice until revisions to the Comprehensive Plan are complete. Mr. Richey was present and explained that his plans were to build a medium density, thirty-seven unit development at the site and asked for immediate Council consideration of the request because of finan- cing for the project. He further stated that he understood he needed a Conditional Use Permit before the property could be developed. He also stated that he was willing to limit the project to 37 units, but that the City had the proper controls through the CUP process. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the request. Mayor Beals stated that he felt the project met the requirements of the City's Comprehensive Plan with regard to density and overall impact on the City's sewer system. He further stated that these requirements of the Comprehensive Plan would not be changed. 84-ll8A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT MISCELLANEOUS ORDINANCE l56-M REZONING THE REAL PROPERTY FROM R-l SINGLE FAMILY RESIDENTIAL TO R-3 RESIDENTIAL/PROFESSIONAL. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, COLE AND TURVILLE; AYE, AND MAYOR BEALS, AYE. . THE ORDINANCE WAS READ BY TITLE ONLY. INTRODUCTION OF ORDINANCE l63-M, REZONING FROM R-3 TO C-2, POSTAL COLONY It was explained by Mayor Beals that Postal Colony had requested that the east 40' of Lot 10, Block 93 be rezoned from R-3 to C-2 in order to conform with its other property located at Eighth Street and 84-ll9Minneola Avenue. A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE l63-M. THE ORDINANCE WAS INTRODUCED BY TITLE ONLY. INTRODUCTION OF ORDINANCE l64-M, REZONING FROM R-lA TO R-l, INLAND GROVES It was explained by Mayor Beals that Inland Groves Corporation had requested that property it owns at the northwest corner of Twelfth Street and Minnehaha be rezoned from R-lA to R-l Single Family. Both classifi- cations only allow single family homes, but R-lA zoning requires a mini- mum lot area of 10,000 square feet, whereas, R-l zoning requires 7,500 84-l20square feet of area. A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE l64-M. THE ORDINANCE WAS INTRODUCED BY TITLE ONLY. SMOKING RESTRICTIONS IN THE COUNCIL CHAMBERS As directed during the July 24, 1984 Council Meeting, Mayor Beals asked for consideration of the adoption by Council of a policy of "No Smoking" during public meetings. Different philosophies concern- ing this matter were discussed, as well as, alternative methods of removing smoke from public meeting rooms. 84-l2lA MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND CARRIED BY A THREE TO TWO VOTE TO ADOPT A POLICY OF "NO SMOKING" DURING PUBLIC MEETINGS. THE POLICY WILL TAKE EFFECT DURING THE AUGUST 21, 1984 REGULAR COUNCIL MEETING. COUNCIL MEMBERS HENRY AND POOL VOTED NAY. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 14, 1984 Page -6- RESOLUTION NO. 474 - PRELIMINARY UTILITY BUDGET Mayor Beals explained that the City's bond covenants require adoption of a Utility Department Budget at least 45 days prior to the end of the fiscal year. The budget is preliminary, and must be adopted again in September, pursuant to the requirements of State Law. City Manager Forbes, as a point of order, asked that the word "tentative" in the Resolution be changed to "preliminary". Tentative is legal termi- nology and it should not be used. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, 84-l22SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 474 - PRELIMINARY UTILITY BUDGET AS CHANGED BY THE SUBSTITUTION OF THE WORD PRELIMINARY FOR TENTATIVE WITHIN THE WRITTEN BODY OF THE RESOLUTION. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, COLE, HENRY AND POOL; AYE AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 475 - BOND RESOLUTION FOR THE EXPANSION OF THE WASTE TREATMENT PLANT. It was explained that Bond Resolution No. 475 for the expansion of the waste treatment plant must be adopted by the City in order to validate bonds for the expansion of the waste treatment plant. Bonds in the amount of $885,900 are being requested. The bonds must be validated as soon as possible so the City can obtain interim financing for the construction costs. 84-l23A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 475 WHICH PROVIDES FOR THE ACQUISITION, CONSTRUCTION AND ERECTION OF EXTENSIONS AND IMPROVEMENTS TO THE MUNICIPAL WATER AND SEWER SYSTEM OF THE CITY OF CLERMONT, FLORIDA; AND AUTHORIZES THE ISSUANCE OF 1984 WATER AND SEWER REVENUE BOND ANTICIPATION NOTES NOT EXCEEDING THE PRINCIPAL AMOUNT OF $885,900. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER HENRY, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AYE AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. LEGAL SERVICES AGREEMENT FOR FMHA BONDS - PLANT EXPANSION City Attorney Baird explained that originally the City signed a Legal Services Agreement in the amount of $13,959 for services rendered for financing $885,900 in Revenue Bonds. The Farmers Home Administration has revised the legal fees structure with regard to interim financing, and Mr. Baird requested that the Legal Services Agreement be amended to reflect a new rate of com- pensation in the amount of $20,269.70. The City Attorney also stated that these fees would be reduced if the City obtained interim finan- cing from a local bank. 84-124 After a brief discussion, A MOTION WAS MADE BY COUNCIL M~MBER COLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ADOPT AN AMENDED LEGAL SERVICES AGREEMENT REFLECTING A RATE OF COMPENSATION IN THE AMOUNT OF $20,269.70, PAYABLE 80% AT CLOSING OF BOND ANTI- CIPATION NOTES AND THE BALANCE DUE AT THE CLOSING OF THE BONDS. WASTE TREATMENT PLANT EXPANSION with regard to the Treatment Plant Expansion, Mayor Beals read verbatim the part of City Manager Forbes' Memo dated August 8, 1984, dealing with this matter. The excerpt from the memo is as follows: e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 14, 1984 Page -7- EXPANSION OF THE WASTE TREATMENT PLANT. The expansion of the Waste Treatment Plant is a complex project since funds from two federal agencies, the Farmers Home Administration and the Environmental Protection Agency, are involved. The City has been awarded a grant for approximately 55% of the eligible project costs or $700,000 from the EPA. We also are obtaining a loan in the amount of $885,900 at 10.5% interest rate for the non federal share from the FmHA. In the past few months the FmHA has been involved with the project, and we must now insure that all details of this work are approved by both the FmHA and the EPA. At the loan conference with FmHA Officials held last week, we learned that the following items must be obtained: 1. A bond Resolution must be approved and closing materials to the FmHA by September 1, 1984. 2. The FmHA prefers that the City let bids for all three contracts (improvements to Lift Station #6, sprayfield expansion, and plant expansion) at the same time. The EPA will allow the City to let bids on different dates several months apart. We believe we have worked out an agreement with the FmHA and request the Council's permission to send them a letter that would: A. Request permission to let bids on Lift Station #6 in October, and let bids for the others in July of 1985. In this manner, we could meet the EPA's requirement that work begin within nine months after the grant award while alleviating the FmHA's concern of cost overruns. In this letter the City would be required to state that we would finance the FmHA's share of the project costs should the bonds never be validated or a cost overrun occurs. I find no problems with this request since the lift station work is only a small portion of the total project costs. However, the Council should approve sending a letter of this type. B. The Council also should allow the Mayor to sign a letter to the EPA requesting that we be allowed to change the schedule, as requested by the FmHA, as discussed above. 3. The City will be required to sign a standard joint FmHA-EPA Engineering (word changed from "legal") Agreement with the City Engineer. This means that we must withdraw the agree- ment already negotiated. I will try to have the agreements for you at our August 28, 1984 Meeting. 4. Until interim financing is received, the City should authorize the use of the Capital Improvement Fund to pay for engineering and construction costs. 5. When the bonds for this project are validated, the City should immediately payoff all bonds ($700,000 in bonds at 11.35%) for the sprayfield improvements. - e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 14, 1984 Page -8- Mayor Beals stated that if there were no objections, he would be signing the letters, as indicated in Items A. and B. of the memo and listed above. Considering all things stated in the memo, Council Member Turville asked Mr. Forbes what the worse thing that could happen would be. Mr. Forbes stated that would be a decision not to bond the project because of the complexities involved when working with two agencies, or if the City could not payoff our existing bonds of $700,000 at 11.35% over 40 years for the sprayfield. The intent of the City is to bond the plant expansion project discussed above over a 30 year period at 10.5%. We would then payoff the spray- field bonds from reserves, and instead bond the plant expansion project, thereby saving hundreds of thousands of dollars due to the lower interest rate and shorter payback period. However, if the sprayfield bond cannot be paid off early, then the City should not proceed with the plant expansion bonds. Therefore, the worst that could happen is that if the sprayfield bonds cannot be paid off early, we would not bond the plant expansion. The only loss in fu~ds would be legal fees. The City Attorney stated that he did not think the early bond payoff would be a problem and he would investigate this matter with FmHA. After a brief some discussion of Items 1 - 5 in the "Expansion of the Waste Treatment Plant" portion of the memo dated August 8, 1984, 84-125A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO PROCEED WITH ITEMS 1-5 IN THE CITY MANAGER'S MEMO DATED AUGUST 8, 1984 (AND AS LISTED ABOVE). ADDITIONAL CAPACITY FOR THE SEMINOLE WELL It was reported that this year's budget contained funds for increasing the capacity of the Seminole Well from 1,200 gpm to 1,500 gpm, and for a well housing. Originally it was thought that the City would have to buy new pumps to accomplish this. However, the City Engineer has found that the capacity can be increased by replacing the pump impellers and making other adjustments to the existing pump. The work would have to be done by the pump manufacturer, Peerless Pump, and would cost $6,283. Council Member Turville asked if this was bid out, and Mr. Forbes stated that it had to go to Peerless Pump because they were the pump manufacturer who originally bid the project. 84-l26A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO AUTHORIZE PEERLESS PUMP TO REPLACE THE IMPELLERS AND MAKE OTHER ADJUSTMENTS TO THE EXISTING PUMP IN THE AMOUNT OF $6,283. PROPOSALS FOR BORROW PIT RECLAMATION City Manager Forbes asked that this matter be tabled at this time because he had been approached by an Army Reserve Member who thought his organization might be able to restore the borrow pit as a project, and at no cost to the City. Mr. Forbes stated that the bids received were a low of $3,800 from Hewitt Contracting to a high of $29,750 from 84-127 Superior Asphalt. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER UNTIL A FUTURE MEETING. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 14, 1984 Page -9- COUNCIL PAY INCREASE Council Member Pool stated that the Council Members pay had remained the same for the past 16 years, $75 per month. He stated that he believed that the work performed today was worth more than 16 years ago. Mayor Beals stated that he believed that Council Members should be justly compensated. However, he felt that the pay should not be so high as to attract just anyone running for the office. After a brief discussion, Council Member Cole asked that this matter be placed on the next Council Agenda. City Manager Forbes stated that he would do so. There being no further business, e meeting adjourned at 9:50 p.m. ATTEST: ~~&~ WAYN SAUNDERS, CITY CLERK