06-12-1984 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
June 12, 1984
A Regular Meeting of the City Council of the City of Clermont was
held June 12, 1984. 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 Cole, Council Member Turville,
and Mayor Pro Tem Pool. Other City Officials present were: City
Manager Forbes, City Attorney Baird, and Finance Director Saunders.
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 May 22, 1984 Meeting were approved with the follow-
ing correction: On page 4, paragraph 7, the following words were
stricken from the motion made by Council Member Pool: "half of".
CITY MANAGER'S REPORT
LAND PURCHASE
A letter from Mary Rocker concerning the property next to Jenkins
Auditorium which the City wishes to purchase was explained. The
owner of the property, Bridgette McCarthy, has responded by phone
a verbal counter offer of $44,000 to the City's offer of $22,500.
This property was listed at $48,000. After some discussion, ~
84-082 MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER
COLE AND UNANIMOUSLY CARRIED TO COUNTER OFFER MS. McCARTHY $29,500
FOR THE PROPERTY LOCATED NEXT TO JENKINS AUDITORIUM.
DOG SHOW
It was explained that Mrs. Vera Tucker of the Greater Clermont
Dog Fanciers Club had requested permission to use Bishop Field
for a dog show on either October 2 or November 3. This group
used the field last year with no problems. It was the consensus
of the Council to allow the group to use the field on the conditions
that they pick up all trash and clean up after the dogs.
GAS TAX
The City Manager requested the Council's direction concerning the extra
two cents gas tax that was being considered by the County Commissioners.
The current one cent gas tax was approved by referendum last year. At
meeting held last month with the cities and the County Administrator,
it was agreed by the cities present that a 60% County - 40% Cities split
would be fair.
It was the consensus of the Council that the City maintain its position
for the 60% County - 40% Cities split as fair. The City Manager suggested
that all Council Members try to attend the June 19, 1984 County Commission
Meeting at which this matter will be discussed.
SUNNYSIDE TERRACE SUBDIVISION
A letter written on June 7, 1984 by Tom Dougherty was reviewed. It
explained Mr. Arnone's acceptance of an offer to pay $8,000 as his
share of the cost to relocate the storm sewer line in Sunnyside
Terrace Subdivision.
The City Manager explained that the total cost for installing the
sanitary sewer, moving the storm sewer and building a retention area
would be borne as follows: $5,990 to pay for the sanitary sewer would
come from the Capital Improvement Fund; the projected cost of the storm
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
June 12, 1984
Page -2-
sewer and retention area is $24,215 of which $8,000 will come from Mr.
Arnone and $16,215 from the Public Works Department Budget.
The Council Members had no objections to these figures or the cost split
with Mr. Arnone. Mr. Forbes explained that it would be necessary to in-
stall these improvements as quickly as possible, and that he would be
contacting the company who was low bidder in January for this project.
He stated that he hoped the City would be able to proceed without further
delays.
84-083A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER
POOL AND UNANIMOUSLY CARRIED TO ACCEPT THE $8,000 AS MR. ARNONE'S
SHARE OF THE COSTS TO RELOCATE THW STORM SEWER LINE AND FULFILL OUR
AGREEMENT.
TELEPHONE FRANCHISE
The City Manager discussed a June 8, 1984 letter from United Telephone
System requesting that the City renegotiate its present franchise agree-
ment. He requested that the Council Members review the letter, and that
it would be discussed at a future workshop.
WEST BEACH SWIM PIER
It was stated that there were many maintenance problems with the swim
pier at West Beach. Several years ago a person dove off the pier and
broke his neck, and the City lost the resulting law suit. Much of the
present disrepair has resulted from rotting pilings. A barricade has
been placed over part of the pier at this time. The City Manager
recommended that all Council Members look over the situation, and
stated that he believed the pier should be torn down.
DONATION FROM SOUTH LAKE PLAYERS
The City Manager expressed appreciation for the $500 donated to the City
for use in Jenkins Auditorium. He requested that $422.25 of this money be
transferred to the Public Works Department Building Maintenance Fund to pay
for repairs and equipment purchased for the auditorium stage lights. He
stated that in doing it this way, the South Lake Players would know how
their money was spent.
84-084 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER
HENRY AND UNANIMOUSLY APPROVED THAT $422.25 BE TRANSFERRED TO THE PUBLIC
WORKS DEPARTMENT BUILDING MAINTENANCE FUND.
JAYCEE BEACH HOUSE
It was explained that the concessionaire at the Beach House had
requested permission to place a projecting Coca Cola sign on the
site. Mr. Forbes stated that he believed that this type of sign
was not compatible with the beach use. He further stated that
he would have no objections to any type of wall sign on this
building, but that projecting signs should not be allowed. It
was the consensus of the Council to allow the concessionaire to
have wall signs, but not projecting signs.
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CITY OF CLERMONT
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REGULAR COUNCIL MEETING
June 12, 1984
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TRIATHLON
Mr. Fred Sommers was present to explain his request that the City of
Clermont assist in sponsoring The Great Clermont Triathlon to be
held on Sunday, October 7, 1984 at 7:45 a.m. The event would consist
of a 1.5 km (.93 mile) swim in Lake Minneola, a 12 km (7.44 miles) run
around Lake Minneola, and 35 km (21.7 miles) bike ride around Lakes
Minneola and Minnehaha.
The City Manager stated that he had no problems with assisting in any
way possible, but he was concerned that the bike race would be around
both lakes and would require crossing Highway 50 twice.
Mr. Sommers stated that he had participated in many triathlons in areas
busier than Clermont (such as Orlando), and major roads were crossed with
no problems. He explained in detail his plans for the event with all
profits going to the South Lake YMCA.
Council Member Turville stated that he felt this would be a great event,
but he had some reservations with the City donating money to it. He
stated that each year many groups come to the City wanting donations,
and it gets more difficult to know where to draw the line. He believed
that donating to this event would establish a poor precedent.
84-085 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED THAT THE CITY WOULD DONATE
$300 TO THE GREAT CLERMONT TRIATHLON WITH THE STIPULATION THAT THE FIRST
$300 OF PROFITS WOULD BE USED TO REPAY THE CITY, WITH ALL OTHER PROFITS
GOING TO THE SOUTH LAKE YMCA.
CITY ATTORNEY'S REPORT
INTRODUCTION OF ORDINANCE l6l-M, STREET CLOSING OF PART OF PINE LANE
City Attorney Baird explained that this ordinance was necessary in
order to close and permanently abandone a small portion of Pine Lane.
This procedure is necessary to make the property line conform with the
fifty feet of property the City is deeding back to Mr. Don McCaffery
for the Cardinel Homes Apartment Project.
84-086A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER
TURVILLE TO INTRODUCE ORDINANCE l6l-M. THE ORDINANCE WAS READ BY TITLE
ONLY.
It was explained that the second reading would occur during the first
Council Meeting in July.
FINANCE DIRECTOR'S REPORT
AUDIT AGREEMENT - GREENLEE, PAUL AND KURRAS
Finance Director Saunders explained that he had received the Engagement
Letter for the Annual Audit for Fiscal Year 1983-1984 from the City's
Auditors, the firm of Greenlee, Paul and Kurras, and requested that
the Council approve his executing this Engagement Letter so the auditors
can begin preliminary audit work.
84-087A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER
HENRY AND UNANIMOUSLY CARRIED TO EXECUTE THE ENGAGEMENT LETTER WITH
THE FIRM OF GREENLEE, PAUL AND KURRAS.
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REGULAR COUNCIL MEETING
June 12, 1984
Page -4-
COUNCIL MEMBER TURVILLE'S REPORT
OUTSTANDING FLORIDA WATERS DESIGNATION
Council Member Turville requested that the City Manager review the
following with the Lake Water Authority: (1) The status of the
Outstanding Florida Waters Designation, and (2) the work they were
doing on t~e Upper Palatlakaha Study Green Swamp Monitoring.
He stated that he was concerned that if the Lake Water Authority is
abolished, there would be no agency left to do this work. The City
Manager stated that he would check with the Lake Water Authority and
report back to Council.
RESOLUTION NO. 471 - HUNTINGTON REQUEST FOR CUP ON WEST DESOTO STREET
Mr. Don Huntington explained his request for a Conditional Use Permit
in order to construct a new building on Lots 8 and 9, Block 90 of
City Blocks. This property is between the house at 801 West Avenue
and the Masonic Lodge at 865 West DeSoto.
This property includes the home at 801 West Avenue and Mr. Huntington
plans to construct a second building (existing garage to be removed)
on the land. The building would be two stories, and the second story
would house a beauty salon and the first floor two apartments.
He further stated that he had no problems with the conditions in
Resolution No. 471, as recommended by the Planning and Zoning Commission,
except for Condition #9. He wanted the words "and through" deleted be-
cause he was willing to pave the driveway into the parking lot but not
through the entire lot. He wanted the sentence changed to read liThe
driveway into the parking area must be at least 12' in width and paved".
This would mean that he would not have to pave a 12' strip through the
entire parking lot which he felt unnecessary and a detriment to the
natural beauty of the area.
City Manager Forbes asked all Council Members to look at their enclosed
elevation map of the area, and explained his belief that paving the
driveway was necessary due to the steep slope of part of the parking
area.
Mr. Huntington also discussed that since the Planning and Zoning
Meeting he had been approached by a gentleman wishing to rent the
house at 801 West Avenue and have his insurance office there. City
Manager Forbes stated that this could be done, although it would
require an additional condition #11 which would state that "The
existing residence at 801 West Avenue may be used as a combined
residence and office as long as all City Building and Zoning Codes
are met. Any expansion to the home or office will require an
amendment to this Conditional Use Permit".
84-088 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT
RESOLUTION NO. 471 WITH THE FOLLOWING AMENDMENTS: (1) CONDITION
#9 - THE SENTENCE REGARDING THE DRIVEWAY WAS CHANGED TO READ liTHE
DRIVEWAY INTO THE PARKING AREAS MUST BE AT LEAST 12' IN WIDTH AND
PAVED". (2) ITEM 11 WOULD BE ADDED AND READS liTHE EXISTING RESI-
DENCE AT 801 WEST AVENUE MAY BE USED AS A COMBINED RESIDENCE AND
OFFICE AS LONG AS ALL CITY BUILDING AND ZONING CODES ARE MET".
ANY EXPANSION OF THE HOME OR OFFICE WILL REQUIRE AN AMENDMENT TO
THIS CONDITIONAL USE PERMIT.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
June 12, 1984
Page -5-
DISCUSSION OF CUP AT 1153 TENTH STREET
Mr. Ed Augustine was present to discuss his Conditional Use Permit
for the mini warehouse facility at 1153 Tenth Street. He stated
that the building had been constructed with seven offices in the
front and that his CUP stated the property could be used as offices
or mini warehouses. He then requested Council interpretation of
the CUP, since it was his belief that when the permit was issued
either offices or retail businesses could go into the office spaces.
He further expressed his belief that certain light retail uses
were already being conducted in his offices, but the City had
refused to issue Occupational Licenses for what they considered
retail uses. He stated that he only wished to rent out the spaces,
and would not allow any businesses which would damage the environment
or community. In conclusion, Mr. Augustine stated that he felt he
had done a good job with this project and would continue to insure
that the building is an asset to the community.
City Attorney Baird stated that, basically, the Council had three
options in this matter: (1) They could interpret the existing CUP
by stating they could have offices to include light retail uses.
(2) They could tell Mr. Augustine that they were happy with the CUP
the way it was written and preferred only office use, or (3) The
existing CUP could be amended to include light retail uses.
The City Manager stated that if the CUP was amended, he would suggest
that only the uses allowed in C-l Light Commercial Zones be permitted,
and not all of the uses in the C-2 Zone.
It was the consensus of the Council that many of the uses in the C-2
Zone that would be allowed would not be compatible with this building.
After much discussion, it was the consensus of the Council to have
Mr. Augustine file a formal application to amend his Conditional Use
Permit to allow retail uses.
BID AWARD - ADDITION TO COOPER MEMORIAL LIBRARY
It was explained that one bid was received for the addition to
Cooper Memorial Library. The amount of the bid was $134,531 from
Creative Construction Company of Fruitland Park. Letters were
'given to the Council from the architect for this project,
Murdock Shaw, and the Library Board.
The Library Board's letter stated that they could pay for all non-
grant parts of the project costs. The Board had met previously,
and recommended acceptance of this bid. Mr. Shaw also recommended
that the City accept the bid.
84-089 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT
THE BID OF $134,531 FROM CREATIVE CONSTRUCTION COMPANY OF FRUITLAND
PARK.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
June 12, 1984
Page -6-
PUBLIC COMMENTS
LETTER REGARDING CABLE TELEVISION FRANCHISE
Mayor Beals called for any comments from those present in the audience.
There being none, City Manager Forbes passed out a letter from Gene
Cantwell to the Council. Mr. Cantwell's letter dealt with the Cable-
vision Industries Franchise Agreement and its attempts to hook up
Margaree Gardens to the cable system.
BARROW PIT
Mayor Beals stated that he wished to discuss the barrow pit leased
for many years by the City. He stated the City had paid the Oswalts
over $20,000 during the life of the lease, and he believed that was
enough for a worthless pit. He further stated that many years ago
he went to a meeting at Emerald Lakes where Mr. Smoak, Mr. Oswalt,
and the City Manager were in attendance. At that time there was a
lot of heavy equipment working on the barrow pit (which is across
the road). Mr. Beals asked the City Manager (Bob Hopkins) what was
going on, and he stated that he knew nothing about it. Mayor Beals
then discussed ethical conduct and the Sunshine Law. He stated that
a Council Member at that time had a controlling interest in the barrow
pit and improvements to the pit were made prior to the execution of
the lease agreement. Mayor Beals then insisted that this matter be
resolved while he was still Mayor.
There being no further business, the meeting adjourned at 8:35 p.m.
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