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07-10-1984 Regular Meeeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 10, 1984 The Regular Meeting of the City Council of the City of Clermont was held July 10, 1984 in the Council Chambers. The Meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members present: Mayor Pro Tem Pool, Council Member Cole, Council Member Henry, and Council Member Turville. 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 City Manager Forbes followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held June 26, 1984 and the Work- shop Meeting held June 28, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT ATHLETIC PROGRAM - SUMMER RECREATION PROGRAM It was reported that last year's Athletic Program included field trips to local attractions. Martha Wilson, Program Director, wishes to continue this program, and has requested $450 to pay for a charter bus for three field trips. After a brief discussion, it was the consensus of the Council to allow this request with funds for the trips coming from the Parks and Recreation Special Activities Account. Mr. Forbes asked permission to hire Donnie Wilson as a part-time Athletic Program Supervisor for the remainder of the program. It was the consensus of the Council to allow this request with funds coming from the Parks and Recreation Special Activities Account. SOUTH LAKE PLAYERS It was reported that the South Lake Players had requested use of Jenkins Auditorium for a full week of rehearsals prior to each play. They have agreed to pay for two rehearsal nights and the three nights of the scheduled performance. Mr. Forbes recommended that they be allowed to use the auditorium except for Wednesday nights, due to many scheduling conflicts. After a brief discussion, it was the consensus of the Council to allow the South Lake Players to use the auditorium Sunday through Sunday, except Wednesdays during scheduled performances. City Manager Forbes was directed to contact the High School to see if their facilities could be used for rehearsals or the final play produc- tions. Many groups use the auditorium on a weekly basis, and granting everyone's wishes is often difficult to accomplish. RAILROAD PROPERTY City Manager Forbes stated that if there were no Council objections, he would like to send a letter to the Seaboard Systems Railroad requesting right of first refusal to purchase the abandoned railroad right-of-way between East Avenue and Twelfth Street in Clermont. There were no objections to this request. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 10, 1984 Page -3- Mr. Baird concluded by stating that the intention of the ordinance was one principal building per platted lot, and explained his legal opinion in a letter dated July 6, 1984. Tom Dougherty, attorney representing Mr. Favuzza, stated that there was a third alternative to consider. He stated that his client was building "multi-family" and would fall into the multi-family exception under Section 26-13. 84-l02After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER POOL TO REQUIRE THE CONDITIONAL USE PERMIT PROCESS IN ANY SITUATION LIKE THE FAVUZZA REQUEST. Under discussion, Council Member Pool then asked Mr. Turville if it was his intention to require a CUP for every future development of this type? Mr. Turville reiterated his position on this matter, and Mr. Pool asked City Attorney Baird for his opinion. Attorney Baird stated that he had wanted the Council's intepretation of the ordinance in question, and was not specifically referring to the Favuzza property. With this in mind, Mr. Baird stated that he would have to interprete the motion as meaning that any request with more than one building per lot would require a CUP or subdivision, and that he would have to inform the City staff in this manner. After some further discussion, THE MOTION FAILED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBERS POOL, HENRY, COLE AND MAYOR BEALS VOTING NAY. Mayor Beals then asked what the Council wished to do, and it was the consensus of the Council to go along with Attorney Baird's opinion dated July 6, 1984, and that if the property is properly subdivided, Mr. Favuzza could then proceed with his plans as presented. FINANCE DIRECTOR SAUNDERS' REPORT CERTIFICATION OF TAXABLE VALUE FORM Finance Director Saunders requested authorization to complete the Certification of Taxable Value form for the County Appraiser's Office. Mr. Saunders stated that the current millage rate was 2.595 and the rollback millage rate was 2.626 mills. The first public budget hearing is scheduled for 7:30 p.m., September 4, 1984. After a brief 84-103 discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED GRANTING MR. SAUNDERS AUTHORIZATION TO EXECUTE THE CERTIFICATION OF TAXABLE VALUE FORM. COUNCIL MEMBER COLE'S REPORT CHAMBER OF COMMERCE As Council liaison to the Chamber of Commerce, Council Member Cole reported that the Chamber would like to have a fireworks display for the planned Labor Day Festivities. After a brief discussion, it was the consensus of the Council to have City Manager Forbes research this matter and get back with the Council at a later date. Council Member Cole also reported that Joyce Walker of the Chamber would be willing to taking over the booking of Jenkins Auditorium. The City Manager stated that he would be meeting with Mrs. Walker on this matter. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 10, 1984 Page -2- CLERMONT SENIOR CITIZENS CENTER It was explained that due to organizational problems, the Clermont Senior Center was now operating independently from the Lake County Council On Aging. The Senior Center was formed by the City's Senior Citizens Committee which was appointed several years ago by the Council. Mr. Ken Peach of the Clermont Senior Center had requested permission for the group to continue to operate from Jenkins Auditorium. He also requested that the City Attorney assist the group in writing by-laws and articles of incorporation so they could be chartered as a non- profit corporation. City Attorney Baird stated that it would cost approximately $200 to incorporate the Center as a non-profit organization. It was the consensus of the Council that the Clermont Senior Center was a worthwhile organization which provided needed services for senior citizens and that the requests should be allowed. CITY ATTORNEY'S LETTER - FAVUZZA PROPERTY City Attorney Baird stated that he had reviewed a proposal presented to the City by William Favuzza to build thirteen units on two acres on the north side of his property, as represented by the site plan prepared by Zahradnik and Associates, dated June 19, 1984. Mr. Baird then stated that several questions needed to be addressed concerning this property. Can the City of Clermont issue a building permit when there is an unsigned Conditional Use Permit for this prop- erty? What is the intent of Section 26-13 of the City Zoning Ordinance? Can the City grant several permits for several buildings on one lot? Can the City allow more than one building on one parcel, or should the City require Mr. Favuzza to subdivide the property? Or should he be required to obtain a CUP or a PUD to develop the property? Mr. Baird further stated that it appears that the intent of the City's ordinance is to allow one building per lot. The property is subdivided, but the the buildings on the site plan cross lot lines. However, inter- pretation of Section 26-13 is unclear regarding this. City Attorney Baird stated that the Council must clarify the interpre- tation of multiple family buildings and the question of one principal building per lot. If the Council feels that Section 26-13 exempts all multi-family buildings that contain less than twenty-four units, then Mr. Favuzza should probably be granted a permit. If, however, the intent of the ordinance is to control growth by allowing one building per lot except through a CUP or PUD, then Mr. Favuzza should be required to obtain a CUP or subdivide the property. Council Member Turville stated that the zoning ordinance should be more stringent and the Council should maintain control even if it means going to court. He stated that he felt the City should require a CUP or PUD, based on the fact that Mr. Favuzza was trying to put more than one unit per lot on the property. He stated that he did not want any precedent set by allowing this. Mr. Claude Smoak, property owner to the north of the Favuzza property, and former Mayor, then spoke. He stated that he felt Mr. Favuzza was trying to circumvent the intent of the ordinance as written. He stated that if 13 units went in, it would be safe to say the other end of the property also would be developed, especially considering that the developer would have to put in a force main and lift station for the northern end of the property. e e CITY OF CLERMONT MINUTES REGULAR MEETING July 10, 1984 Page -4- MAYOR BEALS' REPORT CENTER LAKE Mayor Beals reported that the duck population at Center Lake was growing and made it difficult to use the fitness trail. He stated that he would like the City to hire someone to humanely remove all of the Muscovy Ducks from Center Lake, since previous efforts to remove them have proven futile. Council Member Turville stated that he agreed with the Mayor, and it was the consensus of the Council to have City Manager Forbes advertise for bids to relocate Muscovy Ducks from Center Lake. VISITORS WITH BUSINESS ED AUGUSTINE - REQUEST FOR AMENDMENT TO CUP AT 1153 TENTH STREET Mr. Augustine was present and explained his request to the City Council asking for an amendment to his existing Conditional Use Permit to allow light retail sales in addition to mini-warehouses and offices at 1153 Tenth Street. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the request. It was then explained that the Planning and Zoning Commission had unani- mously voted to recommend that Resolution No. 398 be amended with the following condition: Only mini-warehouses, offices and light retail business shall be permitted. All office and light retail sales uses must be confined to one of the eight existing office units. Businesses which create a high volume of traffic, such as mini-markets, retaurants, liquor stores, beauty and barber shops, laundromats, dance studios, and automotive services are prohibited. The defi- nitions forautomotive services shall be determined as listed in the C-2 General Commercial Zoning Classification. Only wall signs shall be allowed to identify these business uses. A copy of the lease agreement for all units must be on file at City Hall. 84-104 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE GRANTING THE REQUEST TO AMEND THE CONDITIONAL USE PERMIT AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION AND INCORPORATING THE CONDITION AS WRITTEN ABOVE INTO RESOLUTION #398, ALLOWING LIGHT RETAIL SALES IN ADDITION TO THE MINI-WAREHOUSES AND OFFICES AT 1153 TENTH STREET. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, COLE, AND TURVILLE, AYE; AND MAYOR BEALS, AYE. COMMISSIONER CLAUDE SMOKE - TWO CENTS ADDITIONAL GAS TAX Commissioner Smoak appeared before Council to explain the County's position on the two cents additional gas tax which was formally adopted earlier that afternoon. Because of this additional tax, the County's Road and Bridge Tax of .373 mills has been dropped. It was explained that the cities received $135,000 from the $270,000 generated by the roads and bridge tax. With the new gas tax, the cities will divide $360,000 in absolute dollars. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 10, 1984 Page -5- He further explained that the people who use the roads the most will pay the most taxes because of gas consumed. In conclusion, Commissioner Smoak stated that the money will be distributed according to State Statute because no interlocal agreement was signed. This distribution will be very similar to 30 - 70% split proposed by the County. HARVEY NAGEL - LUMP SUM PENSION BENEFITS REQUEST It was explained that the City's Pension Plan sets three options for an employee to choose his pension benefits. Options 1 and 2 consist of monthly pension payments, whereas, Option 3 states that benefits may be paid in any form approved by the Council, so long as actuarial equi- valances with the benefits otherwise payable are maintained. Mr. Nagel has chosen Option 3 and asked that all his benefits be paid in one lump sum. Mr. Nagel appeared before Council to reiterate his request. Finance Director Saunders explained the Actuaries recommendations against such lump sum payments. Council Member Pool explained his feelings about the request, and stated that he favored granting it only because he believed the City would be changing to a different type of pension plan which would allow lump sum benefit payments. He further stated that if he thought the City would stay with the present plan, he would not be in favor of the lump sum payment to Mr. Nagel. He then asked Finance Director Saunders' opinion on this matter. Mr. Saunders explained that one such request would not cause any problems with the soundness of the overall pension plan, but if too many requests of this type were made there could be problems. Mr. Saunders also stated that the City would be looking into a different type of pension plan which allows lump sum benefit payments, and asked permission to spend $400 for the League of Cities' Actuaries to study our present plan and make their recommendations for imple- mentation of the new plan. After some discussion, it was the consensus of the Council that if they granted Mr. Nagel's request, it would only be fair to grant other requests of a similar nature. They concluded it was a diffi- cult decision to make. 84-105 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE TO ALLOW MR. NAGEL'S REQUEST TO RECEIVE A LUMP SUM PENSION BENEFIT IN THE AMOUNT AS STATED BY OUR ACTUARIES. MAYOR BEALS VOTED NAY. 84-l06A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED GRANTING FINANCE DIRECTOR SAUNDERS PERMISSION TO SPEND $400 WITH MONIES COMING FROM GENERAL FUND RESERVES, FOR THE LEAGUE OF CITIES' ACTUARIES TO STUDY OUR EXISTING PENSION PLAN AND MAKE RECOMMENDATIONS FOR A NEW PENSION PLAN. OLD BUSINESS FINAL READING OF ORDINANCE l6l-M, PINE LANE STREET CLOSING It was reported that Ordinance l6l-M would close the east 30 feet of Pine Lane in the Oakview Subdivision. City Manager Forbes expressed his concern that the City retain proper utility easements and an easement allowing the City and adjoining property owners the use of the turnaround on this property. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 10, 1984 Page -6- City Attorney Baird stated that he would take care of this matter when the property to the east is deeded back to the original owner. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed street closing. 84-107 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l6l-M ABANDONING THE EAST THIRTY FEET OF PINE LANE IN THE OAK VIEW SUBDIVISION. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, HENRY AND POOL; AYE AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. INTRODUCTION OF ORDINANCE l56-M, REZONING REQUEST , NE CORNER OF ANDERSON STREET AND HIGHLAND AVENUE FROM R-l TO R-3. Mayor Beals explained that Mr. Steve Richey had requested to rezone a five acre tract of land at the northeast corner of the intersection of the Anderson Street right-of-way and Highland Avenue. The Planning and zoning Commission at its June 3, 1984 Meeting had recommended that this request be delayed without prejudice until revisions to the Comprehensive Plan are completed. Bill Stone, Attorney for Mr. Richey, appeared before Council and stated that Mr. Richey had applied for the rezoning under existing conditions and wished consideration of the request now. It meets the criteria of the existing Comprehensive Plan. He further stated that there appeared to be no definite timetable for revisions to the present Comprehensive Plan. 84-108 A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE l56-M. THE ORDINANCE WAS READ BY TITLE ONLY. BID AWARD - GARBAGE TRUCK It was reported that the City had received bids for the new garbage truck cab and chassis. Low bidder was Transtat Equipment Company with a total bid of $38,564, including options 1 and 2 and delivery in 90-120 days. The other bidder, Heintzelman's Truck bid $38,578 with both options and delivery in 30 days. A letter from Public Works Director Smythe was read recommending acceptance of the $38,578 bid from Heintzelman's Truck. They have the chassis in stock and can complete the project within 30 days. Mr. Smythe also recommended the addition of $575 to the bid so the 1978 chassis and truck cab could be repainted. $47,000 had been budgeted for this project. 84-109 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT BID OF HEINTZELMAN'S TRUCK IN THE AMOUNT OF $38,578 INCLUDING BOTH OPTIONS AND TO INCLUDE AN ADDITIONAL $575 FOR REPAINTING THE CHASSIS AND CAB OF THE 1978 TRUCK, THE TOTAL AMOUNT BEING $39,153. BID AWARD - TREE TRIMMING AND REMOVAL It was reported that the City had received several bids for the removal and/or trimming of seventy trees damaged by the December freeze. The bids were as follows: Southeastern Tree Service Davey Tree Expert Co. Florida Forestry Tree Science $10,145 $30,960 $26,050 Trim all Trees $39,800 Remove all Trees e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 10, 1984 Page -7- 84-ll0After a bried discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF SOUTHEASTERN TREE SERVICE IN THE AMOUNT OF $10,145. AN ADDITIONAL $8,000 WAS BUDGETED, IF NEEDED, FOR ADDITIONAL TREE REMOVAL AS NECESSARY. THE MOTION WAS MADE IN THE FORM OF A BUDGET AMENDMENT WITH PAYMENT OF THE $18,145 COMING FROM GENERAL FUND RESERVES. REQUEST FOR TENT REVIVAL MEETING Emma McDuffie, who was present in the audience, asked for permission to hold a thirteen day tent revival meeting at the southeast corner of the intersection of Highways 27 and 50. City Policy allows such meetings to be held three days. After a brief discussion concerning the out-of-the-way location for the meeting and past exceptions to 84-lllthe policy, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT MRS. McDUFFIE'S REQUEST FOR A THIRTEEN DAY TENT REVIVAL MEETING AT THE SOUTHEAST CORNER OF THE INTERSECTION OF HIGHWAYS 27 & 50. Mrs. McDuffie was directed to go to City Hall to obtain the necessary permits and information for this type of meeting. There being no further business, th~jOUrned at 9:30 13.80_1._ CHARLES B. BEALS, MAYOR p.m. ATTEST: ~ r/:,(J, ~ WA SAUNDERS, CITY CLERK