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05-22-1984 Regular Meeting e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 22, 1984 A Regular Meeting of the City Council of the City of Clermont was held May 22, 1984. The Meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Council Member Turville, Council Member Cole, Council Member Henry, and Mayor Pro Tem Pool. 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 Bob Hanford followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held May 8, 1984 were approved as presented. REPORTS CITY MANAGER'S REPORT BUDGET AMENDMENTS It was reported that the following three budget amendements were needed: 1. $4,900 be transferred from Contingencies to General Fund Professional Services (519-3100) to pay for additional services required for engineering and our cable consultant. We are experiencing many requests for subdivision or con- ditional use permit reviews which require the City Engineer's attention. 2. $6,000 be transferred from Reserves to the Building Official's Account 524-1200 for funds to allow the new inspector to work with Mr. Nagel and for retirement benefits. 3. $2,000 in funds to pay for additional salaries be transferred from Contingencies to Account 521-1200 to assist with Police Department overtime. 84-070 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT THE ABOVE BUDGET AMENDMENTS AS PRESENTED IN A MEMO TO THE COUNCIL DATED MAY 8, 1984. TWO CENTS GAS TAX It was reported that an article in the "Orlando Sentinel" had stated that the County Commissioners are considering adding an additional two cents gas tax to each gallon of gasoline sold in Lake County, and that they planned to offer a split the of revenue generated on an 80% County - 20% Cities basis. A meeting to discuss this proposal is scheduled for 10:00 a.m. on May 30th. A brief discussion ensued, and it was the consensus of the Council that they did not favor the proposed 80 - 20 split. A 50 - 50 split as that of the additional 1 cent gas tax would be more appropriate. City Manager Forbes stated that he would be attending the meeting, and urged as many Council Members as possible to attend with him. PROPERTY EAST OF JENKINS AUDITORIUM It was reported that the property directly east of Jenkins Auditorium was for sale, and the City would like to make an offer of $22,500 to e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 22, 1984 Page -2- purchase it for future expansion. Mr. Forbes asked for authorization to make the offer and for the Mayor to sign the contract. After a 84-071 brief discussion regarding property values, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED GRANTING THE REQUEST TO OFFER $22,500 FOR THE PURCHASE OF PROPERTY NEXT TO JENKINS AUDITORIUM DESCRIBED AS LOTS 9 & 10 OF BLOCK 76, CITY BLOCKS. MURPHY ACT DEEDS It was explained that the County had contacted the City regarding Murphy Act Deed #02-CH2l84 on property on Drew Avenue. In order for the property owner to clear title of encumbrances from the 1930's when such deeds were issued, the City must state how much right-of-way it wishes to maintain on the property. Mr. Forbes stated that the City wished to keep a 60' right-of-way on the property. After a brief explanation of Murphy Act Deeds by the City Attorney, it was the consensus of the Council to have City Manager Forbes send a letter to Marvin Folsum of the Lake County Public Works Department stating that the City wished to maintain a 60' right-of-way on the property. Also, it was the consensus of the Council that in the future, such deeds do not need to go through the Council if approved by the City Manager and City Attorney. However, if a problem arises, the City Attorney must bring the deed before Council for action. CITY LOGO ON LITTER BAGS It was explained that Cathy Kyle of Kyle Promotions had requested permission to use the City Logo on litter bags. The bags would have the logo on one side and advertising on the other. A sample 84-072 litter bag was displayed. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT PERMISSION FOR KYLE PROMOTIONS TO USE THE CITY LOGO IN RETURN FOR A PAYMENT OF 5% OF GROSS SALES OF THE LITTER BAGS. CARDINAL INDUSTRIES CONDITIONAL USE PERMIT It was explained that when Cardinal Industries returned its signed Conditional Use Permit, condition #7 had been altered by the crossing out of the word cypress in the statement ..."cypres~ with basket weave panels..." City Manager Forbes explained that he had contacted the company and they requested that the condition be changed because they would like to use either cypress or redwood basket weave fencing. The Council stated that they had no problem with the type of wood used for the fencing. 84-073 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO AMEND CONDITION NUMBER SEVEN OF THE CONDITIONAL USE PERMIT BY ADDING "OR REDWOOD" AFTER THE WORD CYPRESS. LAKE COUNTY PLANNING AND ZONING AGENDA It was reported that the City had received an Agenda for the May Meeting of the Lake County Planning and Zoning Commission. It was noted that three separate items on this agenda will have a future impact on the City. Two requested items would affect traffic on Lakeshore Drive and could cause major traffic problems in the future. The third request e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 22, 1984 Page -3- was for a sand mine operation just outside of the City Limits on Hooks Road, and it was believed that this was not a proper location for such an operation. After a brief discussion, it was the consensus of the Council to have Mayor Beals send a letter to the Lake County Planning and Zoning Commission expressing the City's concerns on these proposed projects. SOUTH LAKE PLAYERS' PRESENTATION TO THE CITY Mr. Joe Wiebush, President of the South Lake Players, presented the City with a check for $500 in appreciation for the City's continued support of the group. Mr. Wiebush requested that the money be used for upkeep at Jenkins Auditorium. Mayor Beals expressed the City's gratitude for the generous donation. COUNCIL MEMBER POOL'S REPORT COOPER MEMORIAL LIBRARY As liaison to the Cooper Memorial Library Board, Council Member Pool reported that there had been a Charter change, increasing the members on the Board from nine to fifteen. He also reported that the bids for expansion of the library had been advertised. COUNCIL MEMBER TURVILLE'S REPORT OUTSTANDING FLORIDA WATERS DESIGNATION Council Member Turville reported that The Upper palatlakaha Study had recommended that the Outstanding Florida Waters Designation be obtained 84-074 for the Clermont chain of lakes. Based upon their recommendation, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENDORSE THE UPPER PALATLAKAHA STUDY'S RECOMMENDATION OF OBTAINING THE OUTSTANDING FLORIDA WATERS DESIGNATION FOR THE CLERMONT CHAIN OF LAKES. VISITORS WITH BUSINESS TOM DOUGHERTY - SUNNYSIDE TERRACE SUBDIVISION AGREEMENT Mayor Beals reported that in August of 1983 the City Council approved a partial replat of Sunnyside Subdivision known as Sunnyside Terrace Subdivision. Approval was subject to the following three conditions: 1. The 5% requirement of land or monies for parks and recreation be waived. 2. The cost of relocating the storm sewer be split on a 50 - 50 basis between Mr. Arnone, the owner, and the City. 3. A covenant requiring completion of all sidewalks before a certificate of occupancy can be issued to a building be placed on the property. Mr. Arnone placed the covenant on the property, and signed an agreement to pay half of the costs for relocating the storm sewer. He was given the option of soliciting his own bids for the relocation of the sewer or having the City do it. The City advertised for the bids, and the bid for the storm sewer relocation, which included a new retention area, was $24,215 with Mr. Arnone's share being $12,107.50. Numerous letters have been sent to Mr. Arnone regarding this matter, e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 22, 1984 Page -4- but he has not answered any of them. As of this date, Mr. Arnone has not paid his half of the relocation costs. Until the matter is resolved, the City will not issue any building permits for the new lots. Tom Dougherty, Attorney for Mr. Arnone, appeared before Council to state his client's position. The dispute arises out the intent of the agreement between Mr. Arnone and the City. Mr. Arnone will pay only the cost to relocate the sewer line, not the cost to build a new retention pond. Mr. Dougherty further stated that the replat was not necessary and that Mr. Arnone had requested it to make the lot descriptions more simpler. He could have sold the lots without the replat. He also stated that the City had no recorded easement for this sewer line. Council Member Turville stated that he thought the City had been more than fair by waiving the 5% requirement and that Mr. Arnone was responsible to live up to the agreement he had signed. A lengthy discussion followed regarding the storm sewer line and the fact that the line channels water from the upper City streets into the lake. Mr. Forbes stated that State Law requires the building of a retention area for all outlets into lakes, and that this was part of the City's specifications for moving the storm sewer line. 84-075 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL TO HAVE MR. ARNONE PAY FOR THE COST OF MOVING THE STORM SEWER LINE WITH NO CHARGE FOR THE RETENTION AREA. The motion died for lack of a second. 84-076 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO HAVE MR. ARNONE HONOR THE AGREEMENT AS SIGNED, INCLUDING THE BUILDING OF THE RETENTION AREA. This motion also died for lack of a second. 84-077 COUNCIL MEMBER POOL RESTATED HIS MOTION AND IT WAS SECONDED BY MAYOR BEALS. Under discussion, City Attorney Baird asked for clarification of the phrase "moving the storm sewer line". Does it include the Engineering fees, or not? COUNCIL MEMBER POOL STATED THAT IT WAS TO INCLUDE THE ENGINEERING FEES, AND THE MOTION PASSED, AS AMENDED, BY A THREE TO TWO VOTE. COUNCIL MEMBERS HENRY AND TURVILLE VOTED NAY. BASS TOURNAMENT FOR 1985 It was reported that Mr. Wimpy Burdette who works at Bob Wade Ford had requested permission to conduct a Bass Tournament at Jaycee Beach during the third week of April in 1985. Part of the proceeds from the tourna- ment will go to the Sheriff's Youth Fund, and the Sheriff's Department will direct traffic and serve as guards for the boats. Some discussion ensued regarding the propriety of closing the swim area for two days in order to accommodate the 180 boats which are expected. It was the consensus of the Council that they would not close the beach, and Mr. Forbes was directed to tell Mr. Burdette that we would welcome the Bass Tournament, but that the swim area could not be closed for the tournament. All other areas of the beach could be used. -r- . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 22, 1984 Page -5- CENTENNIAL COMMITTEE REPORT Mr. Oakley Seaver, Chairman of the Centennial Committee, expressed his appreciation for being allowed to serve in that capacity, and thanked the City for its generosity in budgeting the Committee the requested $10,000 to finance the Centennial. He then introduced Mr. Richard Stokes who gave the Centennial Commission's Final Report. (The written report is attached and made part of the Minutes). Mr. Stokes also introduced the Members of the Centennial Committee who were present in the audience. Upon completion of the report, Mr. Stokes then presented the Council with a check for $7,954.38, the amount spent of the $10,000 budgeted. He also presented the Council with a check for $2,000 for the Parks and Recreation Fund. The entire Centennial Celebration was held at no cost to the City, and everyone present agreed that it was a huge success. An invoice in the amount of $242.80 for the Chamber of Commerce Centennial Breakfast was presented to the City, and the Centennial Committee advised that they would pay the bill. The invoice was given to Mrs. Oswalt for payment. INTRODUCTION OF ORDINANCE l60-M, CABLEVISION FRANCHISE AGREEMENT Mr. Michael Lisman, Vice President of Operations for Cablevision, Inc., J. Doub of Group W Cable, and Michael Alexander of Alexander and Asso- ciates, a consulting firm, were present at the meeting to answer questions. Mr. Lisman presented each City Official with a profile of Cablevision, Inc., and gave a brief overview of the company, explaining that it was a growth and construction oriented company. It was explained that Sections 3, 4, and 5 of the proposed ordinance required discussion. 84-078 A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE l60-M, CABLEVISION FRANCHISE AGREEMENT. THE ORDINANCE WAS READ BY TITLE ONLY. Council Member Turville stated that on Page 2, Section 3, Subsection b, the wording stated ..."density of fifty dwelling units per con- tiguous cable mile"... Upon the recommendations of the City's consultant, he would like to have the wording changed to 42 dwelling units per contiguous cable mile. .~I ..' " ) Mr. Alexander stated that in order for the ordinance to be changed to the 42 units, an 85% saturation would be required. Originally the City had requested 35 units, and the 42 unit figure is a compromise between the City's figure and that of Cablevision, Inc. The higher figure is being requested because it is the most economically feasible for Cablevision, Inc. A lengthy discussion of Margaree Gardens Subdivision ensued. When asked how much it would cost all subscribers to subsidize Margaree Gardens, Mr. Alexander said between 25 to 50 cents per month over a two year period of time. Mr. Lisman stated that perhaps some type of a pay back arrangement could be reached with the property owners in the subdivision because it would not be fair for all subscribers to pay. He stated that this arrangement could be worked out later. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 22, 1984 Page -6- 84-079 In the matter of the number of dwelling units per cable mile, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY MAYOR BEALS TO CHANGE THE NUMBER OF UNITS FROM 50 TO 42. THIS MOTION FAILED BY A THREE TO TWO VOTE WITH COUNCIL MEMBERS COLE, POOL, AND HENRY VOTING NAY. 84-080 In the matter of length of the agreement, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO CHANGE THE DURATION OF RIGHTS FROM 15 TO 12 YEARS. THIS MOTION DIED FOR LACK OF A SECOND. The Council thanked the gentlemen for coming, and it was understood that further changes or recommendations could be made before the final reading and adoption of the ordinance. PURCHASE OF RADAR EQUIPMENT FOR THE POLICE DEPARTMENT It was reported that $2,600 had been budgeted in Revenue Sharing for the purchase of new radar equipment for the police department. A memo from Chief Tyndal was discussed which recommended the pur- chase of moving radar units, which are permanently mounted, from M.P.H. Industries of Chanute, Kansas. The two units would cost $2,760, and the extra $160 is available from Revenue Sharing. After a brief discussion about permanently 84-081 mounted radars, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO AUTHORIZE THE PURCHASE OF TWO MOVING RADAR UNITS AT A COST OF $2,760 FROM M.P.H. INDUSTRIES OF CHANUTE, KANSAS. 969 CHESTNUT STREET TRASH COMPLAINT Mr. Wright of 969 Chestnut Street appeared before Council to ask that something be done about the pile of tree trimmings on his property. The pile consisted of fourteen citrus trees he had cut down in March. It was explained that it is City Policy not to pick up huge piles of tree trimmings when it appeared that the property owner had cut down a small grove. Mr. Wright reiterated that the pile had been there since March, and he wanted it disposed of. After some discussion, it was the consensus of the Council to direct the Public Works Department to pick up Mr. Wright's pile of tree trimmings. There being no further business, the meeting adjourned at 10:15 p.m. a1.~ IJ. t3.~~JL CHARLES B. BEALS, MAYOR ATTEST: d~~~ WAyij - SAUNDERS , ~CITY CLERK