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01-26-1988 Regular Meeting e e REGULAR COUNCIL MEETING January 26, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, January 26, 1988 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following . Council Members in attendance: Mayor Pro Tem Turville, Council Member Huff and Council Member Cole. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeat- ing of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the meeting held January 12, 1988 were approved as presented. REPORTS CITY MANAGER SAUNDER'S REPORT LAKE COUNTY LEGISLATIVE DELEGATION The Council was informed that the Lake County Legislative Delegation would be meeting on January 27, 1988 at 3:30 p.m. in the East Room of the Leesburg Community Building. STATE GRANT APPROVED FOR UPDATING COMPREHENSIVE PLAN It was reported that the City's grant in the amount of $13,179 for fiscal year 1988 from the Department of Community Affairs had been approved. The money will be used for updating the Comprehensive Plan to meet the requirements for conformance by 1991. LAKE COUNTY WATER AUTHORITY The meeting of the Lake County Water Authority will be held at 5:30 p.m. on Wednesday, February 3rd at the Water Authority Building. COALITION OF LOCAL GOVERNMENTS It was reported that the City of Clermont had been asked to renew our membership in the Coalition of Local Governments. The cost to the City would be $750, based upon last year's electric bills. Mr. Saunders explained that the Coalition of Local Governments was formed several years ago as the Intervenor Task Force with the cities of Clearwater, St. Petersburg and Tampa taking the lead to fight electrical service rate hikes before the Public Service Commission. The group has effectively kept certain rates down and eliminated others through their efforts. 88-015 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO HAVE THE CITY OF CLERMONT RENEW ITS MEMBERSHIP IN THE COA- LITION OF LOCAL GOVERNMENTS WITH DUES IN THE AMOUNT OF $750. LAKE COUNTY LEAGE OF CITIES QUARTERLY MEETING The Council was reminded of the Quarterly Dinner Meeting to be held on January 27, 1988 at Mission Inn in Howey-in-the-Hills. e e REGULAR COUNCIL MEETING January 26, 1988 Page -2- URBAN REVITALIZATION GRANT It was reported that the City had received 50 trees under the State's Urban Revitalization Program, and a "tree planting" would be held on February 6, 1988 beginning at 8:00 a.m. Everyone is to meet at City Hall. COUNCIL MEMBER HUFF'S REPORT "A MIDSUMMER NIGHT'S DREAM" Council Member Huff recapped the ticket sales for the recent performance of "A Midsummer Night's Dream" sponsored by the South Lake Council for the Arts, and stated that they had lost $1,239 on the performances. He stated for the remainder of the year the Council for the Arts would be sponsoring the UCF Jazz Quartet on February 27th and the Yale College Choir in March. Mr. Huff then requested that the Arts Council be allowed to keep $500 of the ticket sale money from "A Midsummer Night's Dream" to produce the next performance. Council Member Dupee arrived at this point in the meeting (7:54 p.m.). Much discussion ensued concerning the request for more money to subsidize the planned performances. Council Member Turville stated that although he believed in what the South Lake Council for the Arts was trying to do for the citizens of Clermont, it should be understood that sponsorship of the programs was not a part of the City nor did it fall under the jurisdiction of a City department. Mr. Turville further stated that he believed that sponsors other than the City should be found for funding of the programs. After some further discussion, City Attorney Baird asked the Council if it wished to give the Council for the Arts one more opportunity to put on a performance. 88-016 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOCATE $500 TO THE SOUTH LAKE COUNCIL FOR THE ARTS TO PUT ON THE JAZZ FESTIVAL. Council Member Turville stated that he was reluctantly voting for the request. COUNCIL MEMBER DUPEE'S REPORT Mrs. Dupee reported that she had received calls from residents in Emerald Lakes regarding the cable television service. After being without service for a long period of time, the man came out on Sunday to make the needed repairs. Besides doing shoddy work, the man had no personal identification showing that he worked for Cable- vision Industries and his vehicle was also unmarked. City Manager Saunders stated that he would discuss this matter with Cablevision Industries. COUNCIL MEMBER COLE'S REPORT Council Member Cole expressed his concern for the safety of children playing on Bloxam Avenue, east DeSoto Street and Montrose Street where the speed limit is 30 m.p.h., and asked if "Slow Children Playing" signs could be installed in those areas. e e REGULAR COUNCIL MEETING January 26, 1988 Page -3- City Manager Saunders stated that this type of sign was not a legal regulatory sign, but that he would investigate and see what could be done to reduce the speeding on those streets. CUQUI WHITEHEAD'S REPORT PARKS AND RECREATION COMMISSION Mrs. Whitehead reported that she was still the Chairperson of the Parks and Recreation Commission, Kathy Asmann was Secretary, Linda Stout the Public Relations Person, and that Rob Mitchell was in charge of priorities, and he had scheduled a Workshop at his home on Friday, January 29, 1988 at 7:30 p.m. to discuss the same. TREE PLANTING Mrs. Whitehead again reminded those present of the "tree planting" planned for Saturday, February 6, 1988, at 8:00 a.m. Everyone was asked to bring a shovel and a pail and to meet at City Hall. FIT TRAIL Mrs. Whitehead complimented the City Parks Crew for the work it has been doing on the Fit Trail and urged everyone to go down and take a look. FUN FESTIVAL It was stated that the Fun Festival would be held on Saturday, May 7th and was planned to be a day full of fun for the whole family. NO PARKING SIGNS ON THE EAST SIDE OF THE BOAT RAMP It was reported that a citizen had requested that the Council consider placing "No Parking" signs on the east side of the boat ramp because it was too difficult to swing the car around and try to back into the ramp with cars parked there. City Manager Saunders stated that he would look into this request. TWELFTH STREET RAILROAD PROPERTY It was reported that the City would be accepting bids to push the railroad right-of-way on Twelfth Street into the ditch running along the road as soon as the required permitting was completed. LIBRARY TREE SALE City Manager Saunders stated that Cooper Memorial Library would be hold a tree sale in conjunction with the City's Arbor Day seedling giveaway on February 6th. For a reasonable price a person may purchase a 6' to 10' tree and support the library. The trees will be sold at South Lake Plaza and Emerald Lakes Plaza. VISITORS WITH BUSINESS JACK SARGENT - LAKE APOPKA NATURAL GAS DISTRICT ANNUAL REPORT Jack Sargent, the City's representative to the Board of Directors of the Lake Apopka Natural Gas District, was present to give the annual report for the company. e e REGULAR COUNCIL MEETING January 26, 1988 Page -4- Mr. Sargent stated that much had happened during the past year. Bill Boyland, the General Manager, retired and was replaced by Julian Roberts. The gas district retired its bonds and in December made a dividend payment to the City of Clermont in the amount of $50,000. To date, dividend payments to the City total $396,75.80. Mr. Sargent continued by stating that he hoped that with greater gas usage and franchise increases, the City of Clermont would participate in increased dividends, and that this would be possible with some of the new accounts coming on line. The Orlando Regional Medical Center laundry will be completed in 1988 and will be a large user of natural gas. Dole Citrus and B & W Canning are already in operation and expect this to be a very good year, and the new subdivision being constructed by Greater Construction east of Clermont may go with gas. In conclusion, Mr. Sargent stated that he hoped to present an even better report next year, and that it was up to everyone to get as many new accounts as possible. Under discussion of the report, Council Member Huff asked if the company had any projected profits for 1988. Mr. Sargent stated that they had not made any projections, but felt that it would be a very good year. The question arose as to if the City should require gas lines to be installed by a developer, and City Attorney Baird stated that he would research this matter to see the legality of such a requirement. Council Member Dupee stated that she would like to know the feasibility of gas for the Highlands Development, and asked that the City Manager talk to the developers and urge installation of the lines. City Manager Saunders thanked Mr. Sargent for his report and asked that he make sure the City received the copies of the minutes of the Board of Directors' Meetings. Mr. Sargent stated that he would do so. LINDA BEAL REPRESENTING QUADIR KHAN Mayor Pool asked that City Manager Saunders explain this request, and Mr. Saunders stated that at the January 8, 1985 Council Meeting, the Council agreed to pay a portion of the costs to extend a six inch water main from Bloxam Avenue along Montrose Street to a shopping center being built by Mr. Khan under a Conditional Use Permit. In 1985 the estimated cost of the project was $4,500 and the City agreed to pay $1,500 of the cost. It was further reported that the actual cost incurred by Mr. Khan for installing the line was $10,425, and Mrs. Beal, as the repre- sentative of Mr. Khan, was requesting that the City pay an additional $3,000, or a total of $4,500. Mayor Pool then called for comments, and Council Member Turville stated that he believed that it was not appropriate to increase the City's share. The City had granted Mr. Khan three extensions to his Conditional Use Permit for the project, and Mr. Khan did not accept the lowest bid for the project. If the project had been completed in 1985, the cost incurred by the City would have been the $1,500 originally agreed to. In three years, the City's share of the cost of pipe has gone up, but only to $2,200. e e REGULAR COUNCIL MEETING January 26, 1988 Page -5- 88-017 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO DENY THE REQUEST FOR ADDITIONAL MONEY FROM THE CITY FOR THIS PROJECT. Council Member Cole asked if the curb was going to Montrose Street. City Manager Saunders stated that be given to Mr. Khan until the curb was repaired by contractor. be fixed along no money would Mr. Khan's Mr. Cole also asked about a new water faucet at the corner of Bloxam Avenue and Montrose Street, on the east side of the intersection. City Manager Saunders stated that he was aware of the faucet but would investigte as to why it was there. HOLLAND AND ASSOCIATES - RESOLUTION #576 - REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT LOCTED AT THE NORTHWEST CORNER OF GRAND HIGHWAY AND PITT STREET Mr. Saunders stated that he had spoken with a representative of Holland and Associates over the weekend, and they were asking that the request be tabled until the February 23, 1988 Council Meeting. City Attorney Baird praised the memo written by Planning Director McAllister as one of the most all inclusive memos he had read, and stated that the City was indeed fortunate to have him as an employee. 88-018 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE THE REQUEST UNTIL THE FEBRUARY 23, 1988 COUNCIL MEETING. NEW BUSINESS INTRODUCTION OF ORDINANCE 192-M - VACATING A PORTION OF CRYSTAL LAKE DRIVE SOUTH OF MINNEOLA AVENUE AND NORTH OF MONTROSE STREET Planning Director McAllister explained that this ordinance would vacate a portion of Crystal Lake Drive south of Minneola Avenue and north of Montrose Street. Mrs. Ruth Yancey is the owner of the property, and according to a survey presented to the City, in 1956 the City allowed the home to be built partially on the street right-of-way. The owners are requesting that the entire right-of-way be closed from Montrose Street to Minneola Avenue. However, as stated during Tuesday's Workshop, the Staff's recom- mendation is to close only that portion of the right-of-way which has been developed for the home and driveway by the property owner. The City will retain the remainder of the right-of-way for the City and public's future use. Carlos Solas and Carlisle Byrd, adjacent property owners, both stated that they approved the request. Jay Vander Meer, who was present in the audience, questioned the street closing procedure, and City Attorney Baird explained how it was done. 88-019 Mayor Pool then read the ordinance by title only, and A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER HUFF TO INTRODUCE ORDINANCE 192-M. e . REGULAR COUNCIL MEETING January 26, 1988 Page -6- STREET CONSTRUCTION City Manager Saunders explained that two projects were in the planning stages for the property located east of Cunningham Real Estate and west of the Clock Restaurant. The property is owned by Lawson "Speedy" Wolfe, and he plans to build an office complex and a retail outlet on the site. Mr. Saunders continued by stating that the Disston Street right-of-way divides this property, and Mr. Wolfe has requested that the City participate in the opening of Disston Street from Pitt Street to Highway 50. In return, entrances to both of his projects will be from Disston, which will eliminate tbe need for two additional curb cuts on Highway 50. Mr. Wolfe has indicated that he would be receptive to a 55 - 45% split in the cost to construct the street. This would benefit not only the City, but also Mr. Wolfe, with the 55% being allocated to him. The esti- mated total cost of construction, including curb, gutter and sidewalk is approximately $48,000, with an approximate cost to the City of $21,600. This project would be eligible for funding through the monies the City will receive from the County option one cent sales tax which was adopted in November of 1987. Mr. Wolfe's Engineers were present in the audience to answer any questions. Mayor Pool called for comments from those present and no one spoke against the proposed development. Some discussion ensued concerning the 55 - 45% split in the costs. In the past this type of construction was figured on a one-third, one-third, one-third basis; with the City paying one-third of the costs and the adjacent property owners the remainder. City Manager Saunders stated that the one-third method of figuring produced basically the same results due to the City owned property which would front on the new street. 88-020 After some further discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER DUPEE TO OPEN DISSTON AVENUE BETWEEN PITT STREET AND HIGHWAY 50, WITH THE CITY SHARING THE COSTS WITH LAWSON "SPEEDY" WOLFE ON A 45'70 - 55'70 BASIS. MR. WOLFE WILL PAY 55'70 OF THE CONSTRUCTION COSTS. Under discussion of this motion, City Manager Saunders asked that a restriction be included in the motion that would allow the City to review and approve the contract for construction prior to award. The Council concurred with Mr. Saunders on this matter, and COUNCIL MEMBER HUFF AMENDED THE MOTION TO INCLUDE THAT THE CITY OF CLERMONT WILL REVIEW THE CONTRACT PRICES PRIOR TO FINAL APPROVAL. There being no further business or discussion, the meeting adjourned at 8:40 p.m. ~~~ Attest: