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02-14-1984 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 14, 1984 The Regular Meeting of the City Council of the City of Clermont was held February 14, 1984 in the Council Chambers. The Meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Mayor Pro Tem Pool, Council Member Virginia Henry, Council Member Hal Turville, and Council Member Lester Cole. Other City Officials present were: City Manager Forbes, City Attorney Baird, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Mayor Pro Tem Pool, and was followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held January 24, 1984 were approved as presented. CITY MANAGER'S REPORT PLANNING AND ZONING COMMISSION It was reported that this year's goal of the Planning and Zoning Commission was to review the City's Comprehensive Plan and present the Council a report of its findings in September. Clermont's Comprehensive Plan is due to be reviewed under State Law. KEHLOR PARK SIGN It was reported that the wooden sign for Kehlor Park which was made by an inmate at Lake Correctional Institution had been installed during . the past week. DUCK COMPLAINTS It was reported that the City had received several complaints about the numerous ducks inhabiting the City's smaller inland lakes. These ducks have become nuisances by fouling the water and obstructing traffic. After some discussion, it was the consensus of the Council to allow any interested parties to catch and relocate the ducks in hope of alleviating the problem. CENTENNIAL BIKE RACE It was reported that Florie Rogers had requested permission to use the street around Lake Sunnyside on March 18, 1983 for a Centennial Bike Race. After a brief discussion, it was the consensus of the Council to allow the bike race with the stipulation that the race committee provide guards for the intersections. WARRANTY WORK ON 500,000 GALLON WATER TANK City Manager Forbes reported that he would like to rehire H.G. Tank Inspection to make sure that the warranty repairs to the 500,000 gallon water tank are done correctly. . This is the same company which conducted the initial warranty inspection. After some discussion, it was the consensus of the Council to hire H.G. Tank Inspection as the City's inspector for the warranty work on the 500,000 gallon water tank. TREATMENT PLANT EXPANSION City Manager Forbes reported that he had met with Officials of the Department of Environmental Regulation and had requested that they allow the City to break the construction of the improvements into three separate contracts: (1) Improvements to Lift Station *6, e e CITY OF CLERMONT MINUTES REGULAR CITY COUNCIL MEETING February 14, 1984 Page -2- (2) Expansion of the plant capacity, and (3) sprinkler system for the sprayfield. The advantages of doing this are lower costs and the badly needed improvements to Lift Station #6 can be completed first. It was the consensus of the Council that they had no prob- lems with breaking the project into three separate contracts. USE OF THE CITY LOGO It was reported that the City had received a request from Mr. Bob Richenberg to use the City Logo and Centennial Logo in the "News- Leader". Council Member Turville questioned the propriety of the City giving permission to use the Centennial Logo. Bonnie Homan, a Member of the Centennial Committee who was in the audience, stated that the Committee had granted citizens use of the Centennial Logo as long as it was not used for retail or commercial purposes. After some discussion, it was the consensus of the Council to allow the newspaper to use the logos as long as they are used in conjunction with Centennial or City business. CRIME CLEARANCE RATE It was reported that the City had just received the Annual Report from the Florida Department of Law Enforcement, and in 1983 the City's Crime Clearance Rate was 39.6% and percent of property recovered 46%. These rates are considerably higher than the National Average. FUTURE WORKSHOPS City Manager Forbes reported that two Worshops should be held in the near future. One on the cable television franchise and the other concerning the the City's Pension Fund, which is administered by Sun Bank. After some discussion, it was the consensus of the Council to set a tentative date for the first Workshop on Tuesday, February 21, 1984 from 7:00 - 9:00 p.m. if Officials from Sun Bank can be present in the evening. If the meeting is going to be held, City Manager Forbes will notify the Council in the Weekly Memo. The other Workshop will be scheduled at a future date. COUNCIL MEMBER HENRY'S REPORT LEAGUE OF CITIES CONVENTION Council Member Henry gave a brief report on the League of Cities Conference which was held in Tallahassee on February 9th and 10th, and passed out informational packets from the conference to those Council Members who did not attend. COUNCIL MEMBER POOL'S REPORT COOPER MEMORIAL LIBRARY BOARD MEETING As liaison to the Library Board, Mr. Pool reported that they were seeking advice concerning the need of an audit because the Library has received a Federal Grant to expand its building. City Manager Forbes stated that he would refer this matter to the Finance Director for assistance in any way possible. Mr. Pool also reported that the Library had begun an Outreach Program which provides books to those individuals confined to their homes. COUNCIL MEMBER COLE'S REPORT CHAMBER OF COMMERCE ORANGE BLOSSOM BREAKFAST Council Member Cole reported that there would be an Orange Blossom Breakfast sponsored by the Chamber on April 2, 1984 at 7:30 a.m. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 14, 1984 Page -3- COUNCIL MEMBER TURVILLE'S REPORT MANHOLE REPAIR ON MINNEHAHA AVENUE Council Member Turville inquired as to the status of the rings to repair the noisy manhole covers on Minnehaha Avenue. City Manager Forbes stated that the City had received notification that the rings were scheduled for production and would be shipped in the near future. MAYOR'S REPORT RECREATION CLUB Mayor Beals reported that he had received a note from Mr. Harold Benedict, President of the Recreation Club, thanking the City for the improvements made to Kehlor Park. DEPARTMENT OF TRANSPORTATION It was reported that the Department of Transportation had notified the City that a caution light for the intersection of Hook Street and Highway 27 was scheduled for its 1986-1987 Budget. The Council again expressed its concern about this hazardous intersection, and hoped that a more timely solution could be reached. OLD BUSINESS HAY CROP PROPOSALS Mr. Chuck Kuharske of Groveland was present to discuss his proposal for the hay crop whereby he would pay the City either $100 per month or $0.10 per bale or $2.00 per round bale beginning with the first cutting of hay at the sprayfield site for the first year of the pro- posed contract. The second and third years of the contract would be negotiable. 84-017 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO A THREE YEAR CONTRACT WITH MR. CHUCK KUHARSKE FOR HARVESTING THE HAY CROP AT THE CITY'S SPRAYFIELD SITE LOCATED ON HOOKS ROAD. MR. KUHARSKE WILL PAY THE CITY $100 PER MONTH FOR THE FIRST YEAR OF THE AGREEMENT, AND THE SECOND AND THIRD YEARS WILL BE RENEGO- TIATED. PAYMENT WILL BEGIN WITH THE FIRST CUTTING OF HAY. JAYCEE BEACH HOUSE CONCESSION AGREEMENT It was reported that Mr. Jerry Jones had made a proposal to the City to operate a combined concession stand and bait and tackle shop from the building for $110 per month. The proposed lease agreement would have Mr. Jones pay for all paper products and cleaning materials for the restrooms, and the City would pay the full cost of water for the building. Some discussion ensued regarding who should pay for the paper and cleaning products for the restrooms, and it was the consensus of the Council to leave the lease as written. Mr. Jones who was present in the audience, asked if the opening time for the building could be changed from 6:00 a.m. to 4:00 a.m. in order to accommodate early morning fishermen. After some discussion, it was the consensus of the Council to allow the build- ing to be opened at 4:00 a.m. Mr. Jerry Jones also requested that his brother Troy D. Jones be allowed to sign the lease because he was going to fund the operation, and he (Jerry) was going to operate the business for him. It was the consensus of the Council that there would be no problem with this arrangement. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 14, 1984 Page -4- 84-018 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ENTER INTO AN AGREEMENT,AS AMENDED, WITH MR. TROY D. JONES TO LEASE THE JAYCEE BEACH CONCESSION BUILDING FOR $110 PER MONTH. NEW BUSINESS RESOLUTION NO. 463 - REQUEST FOR CUP, PUBLIX SUPER MARKET It was reported that Publix Super Market had requested a Conditional Use Permit to construct a 3,000 square foot addition to the rear of the present store and also expansion into the old Neisner Store. The expansion of a Shopping Center requires a CUP in a C-2 General Commercial Zone. It was further reported that the Planning and Zoning Commission at its February 7, 1984 Meeting unanimously recommended approval of this request. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed expansion. 84-019 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILL~, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 463 GRANTING A CONDITIONAL USE PERMIT TO PUBLIX SUPER MARKET FOR THE EXPANSION OF ITS BUILDING. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, COLE, AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 464- REQUEST FOR CONDITIONAL USE PERMIT, 700 ALMOND STREET It was explained that Senator Richard Langley had requested permission to enclose one-half of the carport at his existing office for additional office space, and to use the R-2 property he owns east of the building for parking. The present office already has a Conditional Use Permit, and any additions or expansion of the office require another CUP. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed expansion or parking. It was further reported that the Planning and Zoning Commission at its Regular Meeting held February 7, 1984 had recommended approval of this request by a five to one vote. Mr. Tom Dougherty, who was representing Senator Langley, appeared before Council to answer any questions. He also passed out revised site plans which gave specific dimensions of the proposed changes. City Manager Forbes expressed his concerns about the lack of a sprinkling system for the buffer strip separating the R-3 from the R-2 property, and the need for an impermeable ten foot wide driveway leading to the additional parking spaces. Mr. Dougherty explained that neither of these concerns were warranted because they involve the human element. He stated that the building has a yard man who will take care of the buffer strip landscaping. Also, the additional parking spaces will be used by employees, and if they get stuck in the driveway numerous times and have to be pulled out at the expense of the owner, then it would be prudent to have it paved. 84-020 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE ADOPTING RESOLUTION NO. 464 GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF A PROFESSIONAL OFFICE LOCATED AT 700 ALMOND STREET IN AN R-3 RESIDENTIAL/PROFESSIONAL ZONE AND PERMEABLE PARKING IN THE R-2 MEDIUM DENSITY RESIDENTIAL ZONE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, HENRY, AND POOL, AYE; AND MAYOR BEALS AYE. THE RESOLUTION WAS READ BY TITLE ONLY. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING February 14, 1984 Page -5- LAKE WINONA BRIDGE REPORT City Manager Forbes reported that he had received a letter from the City Engineer stating that he would do a cost-benefit analysis of the bridge for $2,500 to determine if the bridge should be repaired or replaced. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO HAVE THE ENGINEER COMPLETE THE STUDY AT A COST OF $2,500. Under further discussion, Council Member Turville expressed his concern over the $2,500 charge from the City Engineer to do this report. He stated that he felt that the City shouldn't pay twice for the same information, and that the charge appeared to be quite high. After some discussion, it was the consensus of the Council to have the City Manager check into the charges, and Council Member Cole withdrew his second to the motion. HIGHLANDER HUT RULES City Manager Forbes reported that he had talked with Mr. Al Simmons of the Disabled Veterans, and that the members of the organization no longer wished to act as custodians for the Highlander Hut. Arrangements have been made to have the City's custodian clean the Hut one day per week. Revised rules were presented to the Council which delete all references to the DAV as custodians of the building and in return being able to use the building at no cost. The DAV will now be required to pay a fee 84-021 for using the building. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO ADOPT THE REVISED RULES FOR THE HIGHLANDER HUT WHICH DELET~ ALL REFERENCES TO THE DISABLED VETERANS AS CUSTODIANS OF THE BUILDING AND IN RETURN THEIR FREE USE OF THE BUILDING. DON McCAFFERY'S PROPERTY REQUEST Mr. Don McCaffery appeared before the Council to request a determination of the status of property he donated to the City in 1969 which is the right-of-way for Milholland Street, at the east end of Oak View Subdivision. A stipulation of deeding this property to the City was that the City pave the property within three years of the date of the deed, and this was never done. Mr. McCaffery explained that Cardinal Industries would like to build an apartment complex on property he owns adjacent to this right-of-way, and a determination is needed in order for them to continue with their plans. 84-022 Mr. McCaffery asked that the City deed the property back to him so it could be included in the site plan for the proposed apartment complex. He also stated that the City would retain utility easements for the sewer and, water lines which run through the property. City Manager Forbes expressed his desire to resolve this ongoing problem. He stated that the City must obtain proper easements, and follow accepted deeding procedures, if the property is given back to Mr. McCaffery. . City Attorney Baird stated that there would be no problems with this, if that was the course of action the City wanted to take. After some dis- cussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO DEED THE PROPERTY IN QUESTION BACK TO MR. McCAFFERY WITH THE CITY RETAINING PROPER UTILITY EASEMENTS AND SUBJECT TO THE CITY ENGINEER'S RECOMMENDATIONS. There being no further business, the ATTEST: ~~~y CLERK CHARLES B. BEALS, MAYOR