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12-13-1983 Regular Meeting -- .. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, December 13, 1983 in the City Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Council Member Dupee, Mayor Pro Tern Pool, Council Member Cole, and Council Member Turville. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. The Invocation was offered by Mayor Pro Tern Pool followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held November 22, 1983; the Special Meeting held November 29, 1983; the Special Meeting held December 5, 1983; and the Special meeting held December 7, 1983 were approved as presented. CITY MANAGER'S REPORT STREET LIGHT DEREGULATION City Manager Forbes reported that he had received notification that the Public Service Commission intended to deregulate street lighting, and any such action could substantially increase the City's costs. After 83-209some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO HAVE A LETTER OVER MAYOR BEALS SIGNATURE SENT TO THE PUBLIC SERVICE COMMISSION EXPRESSING THE CITY'S OPPOSITION TO THE PROPOSED STREET LIGHT DEREGULATION. LAKE - SUMTER COMMUNITY COLLEGE LEASE It was reported that the College had requested extension of its lease which expires on December 31, 1983. It was also reported that the Art League and YMCA had expressed an interest in using the building. 83-210After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO EXTEND THE COLLEGE'S PRESENT LEASE UNTIL MAY 1, 1984. CHAMBER OF COMMERCE LEASE FOR JENKINS AUDITORIUM It was reported that the Chamber of Commerce had not signed its lease for office space in Jenkins Auditorium due to the use of premises clause in the lease which states that only Chamber of Commerce business may be conducted from the offices. It was explained that Mr. Tom Lemon, who helps the Chamber, had also been conducting his "Hoosier Club" business from the office. It was asked if this was compatible with the terms of the present lease. After some discussion, it was the consensus of the Council to allow Mr. Lemon to operate his Hoosier Club from the Chamber of Commerce office, as long as he was assisting the Chamber. BUILDING DEPARTMENT It was reported that due to the scarcity of gypsum board, several local contractors had approached the building department about using 4/8" thick gypsum board as allowed by the County. The present City Code requires 83-2115/8" thick gypsum board. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED TO ALLOW THE USE OF 4/8" THICK GYPSUM BOARD ON 24" CENTERS WITHIN THE CITY LIMITS. PART-TIME POLICE OFFICERS City Manager Forbes reported that he would like to take $4,600 from Contingencies to supplement the City's Part-time Police Officers Program. Part-time Officers are needed to fill in during vacations and illnesses. 83-212After some discussion, A MOTION WAS MADE BY COUNCIL_MEMBER ~~Qh _AND sR('I)NffRf BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO TRANSFER $4,600 FROM CONTINGENCIES INTO THE POLICE DEPARTMENT'S PART-TIME POLICE OFFICERS' PROGRAM. '- ,~ -- - CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Page -2- SURPLUS EQUIPMENT It was reported that the City's 1981 Ford Fairmont which was severely damaged in an accident last summer and a 1961 pay loader should be declared surplus equipment and sold for scrap in order to get them out of the way at the Public Works Department. After some discussion, it was the consensus of the Council to allow Mr. Forbes to declare the vehicles surplus equipment and sell them for scrap. FINANCE DIRECTOR'S REPORT FEDERAL REVENUE SHARING PURCHASES Finance Director Saunders reported that the City had received con- firmation that the Federal Revenue Sharing Program was being continued for another three years, and asked permission to purchase the copy machine which was included in the budget. Mr. Saunders further stated that he would like to purchase the Mita 312RE from the State Contract for $5,985. After trying several different machines, it was decided that the Mita best met our needs. After some discussion, 83-213A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOW THE PURCHASE OF THE MITA 312RE COPIER FROM THE STATE CONTRACT FOR $5,985. THE MONEY FOR THIS MACHINE IS TO COME FROM THE REVENUE SHARING BUDGET. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY It was reported that the library expansion contract had been signed, and that the Trustees had decided to add an additional $50,000 to the project to build a 3,000 square foot Children's and Media Room. Total cost for the project will be $150,000. Saturday, December 17th, there will be an open house at the Library for the newly renovated vault. A contest for children is being held to name the room. Mrs. Dupee also spoke briefly on the Library's Outreach Program which will insure that homebound individuals receive library books. COUNCIL MEMBER TUVILLE'S REPORT NOISE FROM MANHOLE COVERS Council Member Turville reported that he had received several complaints from residents on Minnehaha Avenue about the noise from the manhole covers when you drive over them. City Manager Forbes explained that when the street was paved last summer, the manholes became recessed about one inch. Steel bands can be obtained to raise them, however, the bands are two inches wide and will make the manholes one inch too high. Mr. Forbes stated that he would investigate this matter further and see what could be done. Council Member Pool asked that manholes on East Avenue be investigated too. M - ",/ CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Page -3- MAYOR BEALS' REPORT LEAGUE OF CITIES WINTER CONFERENCE Mayor Beals reported that the League of Cities annual winter conference would be held February 9th and 10th, and urged all Council Members to try and attend. CHAMBER OF COMMERCE It was reported that the City had been invited to join the Chamber of Commerce, and that a General Business Membership would cost $275. 83-214After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED FOR THE CITY TO JOIN THE CHAMBER OF COMMERCE AT A COST OF $275. VISITORS WITH BUSINESS GRIMSHAW REAR YARD VARIANCE REQUEST - 300 LAKESHORE DRIVE It was reportedthat Mr. Tom Grimshaw of 300 Lakeshore Drive had r~quested a rear yard variance from the required 25' to 20'9" in order to convert an existing garage into a bedroom, and construct a detached garage to the west of the existing dwelling. The setback of the existing dwelling is 20'9". Mayor Beals read a letter from Mr. Harry Robinson, the neighbor to the north, who favored the proposed improvements. Mr. Tom Dougherty, Attorney for Mr. Grimshaw, appeared before the Council. A plot plan was presented for the Council's review, and Mr. Dougherty explained that the house was built on the high part of the lot with an existing 20.9'setback, and that the lot slopes severely in front. He explained what Mr. Grimshaw intended to do, and how the detached garage would benefit the neighbors by elimi- nating vehicular traffic noise. He further stated that the detached garage would be two story and would be built west of the existing home. Both additions would extend into the rear yard setback area the same as the existing house, and would not add to the non conform- ing nature of this building. City Manager Forbes asked Mr. Dougherty if there would be any plumbing in the garage. He stated that the second floor of the garage would be a workshop for Mr. Grimshaw, and that the plans did not indicate plumbing. Council Member Dupee asked if there were any plans to convert the second story into an apartment, and Mr. Dougherty again stated that the plans did not indicate this. Mr. Grimshaw lives up north, and his mother lives in the house. 83-215After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO GRANT THE REQUESTED REAR YARD VARIANCE FROM THE REQUIRED 25' TO 20.9'. ORDINANCE 156-M, REQUEST FOR REZONING It was reported that Mr. Sherril Turner had requested the rezoning of Lots 21 through 26, Hillcrest Subdivision to R-3, Multiple Family. Lot 21 is presently zoned R-l, Single Family; and Lots 22-26 are zoned R-2. At its December 6, 1983 Meeting the Planning and Zoning Commission recommended denial of this request. After some discussion, it was the consensus of the Council not to introduce this ordinance. OLD BUSINESS GERALD SMITH VARIANCE REQUEST FOR 1719 FIRST STREET It was reported that Mr. Smith's request for a side yard variance had been tabled to allow the adjoining property owner, Dr. Fred Fox, time ,- .,/'- --- -' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Page -4- to review the survey and respond to the request. Mr. Smith had re- quested a side yard variance in order to construct a second story deck. Construction was begun without a permit, although a permit was issued which showed encroachment of three feet into the required side yard. Mayor Beals asked Mr. Smith if he had any comments, and he stated that he had no comments at that particular time. Mr. Sterling Frey, a neighbor, asked for clarification on two points of the discussion, (1) when talking about encroachment into the side yard, are your referring to the edge of the deck or the supporting posts, and (2) what is the definition of a hardship. Mayor Beals then read the definition of a hardship which is used when determining if a variance should be granted. Mr. Sterling Frey stated that he believed a hardship existed on this lot because it was only 80' wide, and Mr. Smith agreed. He also stated that the lot is somewhat unique because it is between two streets. Mayor Beals then read a letter from Dr. Fred Fox which stated that he did not object to the granting of the variance as long as Mr. Smith would reciprocate if asked to do so in the future. Mr. Russel Smith, who was present in the audience, asked City Manager Forbes if it would be possible for two homes to be built on the Fox property. Mr. Forbes stated that he would not say it was impossible, because it would depend on the site plan and other factors. Council Member Pool stated that he felt the variance should be granted because Mr. Smith finished the project with a permit and that because he owned an 80' lot, he could not enjoy the same privileges afforded those who owned 100' lots. Mayor Beals and Council Member Turville disagreed with Mr. Pool, and stated that just because Mr. Smith owned an eighty foot lot, this did not constitute a hardship. 83-216After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO GRANT MR. SMITH'S VARIANCE REQUEST. At this point in the meeting Council Member Cole asked City Attorney Baird about the legality of Mr. Smith's permit with regard to the fact that Mr. Smith had begun construction without the permit, and when it was obtained, it was issued in error. Mr. Baird stated that the Court would look at how much was done in reliance on the permit (how much money was spent after the permit was issued). City Manager Forbes stated that Mr. Smith had not built the deck according to his submitted site plan which showed 6' from the edge of the porch to the lot line. The subsequent survey shows 3'9" from the edge of the porch to the lot line. Mr. Smith stated that the deck was built to the site plan upon which the permit was issued. Mr. Forbes asked Mr. Smith to look at the site plan on the permit, and Mr. Smith stated that he did not write the figures shown on the plan. THE MOTION FAILED TO PASS DUE TO A TIE VOTE. MAYOR BEALS AND COUNCIL MEMBER TURVILLE VOTE AGAINST GRANTING THE VARIANCE, AND COUNCIL MEMBER DUPEE ABSTAINED FROM VOTING DUE TO A CONFLICT OF INTEREST BECAUSE SHE IS A NEIGHBOR OF MR. SMITH'S. BID AWARD - HOOKS ROAD CITRUS CROP City Manager Forbes reported that the City had received four bids for bulk sale of the City's citrus crop on Hooks Road. The bidding was as follows: collection is made.Tr~sh shall be collected as long as it . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Page -6- is properly bagged or cut. Tree limbs exceeding 6" in diameter shall not be collected. Mayor Beals called for comments from those present in the audience, and Mr. Abner Berlin stated that he agreed with the proposed amendment. 83-219 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 238-C GARBAGE AND TRASH DISPOSAL AS AMENDED AND STATED ABOVE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, DUPEE, AND POOL, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. NEW BUSINESS INTRODUCTION OF ORDINANCE NO. 152-M, ANNEXATION Mayor Beals explained that the City had received a petition for voluntary annexation from the Church of the Nazarene. It was further explained that annexation was requested by the Council as a condition of a Conditional Use Permit which was granted for the existing Church 83-220 to expand. COUNCIL MEMBER DUPEE INTRODUCED ORDINANCE NO. 152-M BY TITLE ONLY. HIGHLANDER HUT RULES AND REGULATIONS It was reported that the rules for use of the Highlander Hut need to be revised because the Disabled Veterans no longer scheduled the use of the building. The new rules would be similar to those used for Jenkins Auditorium, and the fees to use the Highlander Hut are one-half of those charged for Jenkins Auditorium. The DAV will act as custodians of the building in exchange for free use of the building one night per month. 83-221 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO ADOPT THE NEWLY REVISED RULES AND REGULATIONS FOR THE OPERATION OF THE HIGHLANDER HUT. A COPY OF THESE RULES AND REGULATIONS ARE ATTACHED AND BECOME PART OF THE OFFICIAL RECORDS OF THE CITY OF CLERMONT. PURCHASE OF VEHICLE FOR THE UTILITY DEPARTMENT It was reported that the City had budgeted $7,800 for a new pick-up truck for the Utility Department. The City had received the following bids: State Contract for a Mazda B-2000 Bob Wade Ford for a Ford Ranger Seidle Chevrolet $5,602 $6,378 No Bid After some discussion regarding parts, repairs and the differences 83-222 between foreign and domestic trucks, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO PURCHASE A MAZDA B2000 FROM STATE CONTRACT FOR $5,602. KEHLOR PARK BUILDING City Manager Forbes reported that the YMCA would be using the Kehlor Park Building, and asked permission to charge the same rental rates as those established for the Highlander Hut. After some discussion, 83-223 A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO CHARGE THE YMCA THE SAME RATES AS THOSE OF THE HIGHLANDER HUT FOR USE OF THE KEHLOR PARK RECREATION BUILDING. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1983 Page -7- CRYSTAL LAKE Mr. Abner Berlin who was present in the audience expressed his concern for preserving the water quality and tranquility of Crystal Lake if the proposed townhouse development is built. He asked if there was some way the City could limit the use of motor boats on the lake. City Manager Forbes stated that he would have the City Attorney look into this matter. There being no further business, the meeting was adjourned at 9:20 p.m. ~13.~ Charles B. Beals, Mayor Attest: