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06-12-1984 Regular Meeting e e 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 e e 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 12, 1984 Page -3- 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. .- e e CITY OF CLERMONT MINUTES 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. e e 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. e e 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. ATTEST: