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09-27-1983 Regular MeetingCITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 27, 1983 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, September 27, 1983 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: Council Member Turville, Council Member Cole, Council Member Dupee, and Mayor Pro Tem Pool. Other City Officials present were: City Manager Forbes, City Attorney Baird, and Deputy City Clerk Brandt. The Invocation was given by City Manager Forbes followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held September 14, 1983 were approved as presented. CITY MANAGER'S REPORT STATE SANCTIONED DOG SHOW It was reported that Mrs. Clifford Johnson, who had conducted a Summer Recreation Program in Dog Obedience, had requested permission to use an area in Clermont for a State Sanctioned Dog Show the first week of February. Mr. Forbes stated that he felt the only usable area would be Bishop Field, and that if there were no Council objections, he would allow the use of the field with the stipulation it be cleaned at the finish of the show. There were no objections. COMMUNITY ACTION AGENCY It was reported that the Lake County Community Action Agency needed. a site in Clermont to distribute butter and cheese from a refriger- ated truck once or twice a month to approximately 197 families in the South Lake County area. Mr. Forbes stated that the agency was trying to find an enclosed area but nothing was available. If there were no Council objections, it was suggested that the agency use the City Hall Parking Lot as a distribution point on a trial basis. The "No Truck Parking" would be waived on the days the lot is used. If traffic problems develop at the site, the agency would be asked to find another location. LEAGUE OF CITIES CONVENTION It was reported that Cities Convention in 83_ voting delegate from 163 WAS MADE BY COUNCIL COLE AND UNANIMOUSLY DELEGATE FROM THE CI VENTION. STREET SWEEPER Mayor Beals would be attending the League of October and that he should be appointed as the City. After some discussion, A MOTION [EMBER TURVILLE, SECONDED BY COUNCIL MEMBER CARRIED TO APPOINT MAYOR BEALS THE VOTING 'Y OF CLERMONT TO THE LEAGUE OF CITIES CON- It was reported that last week City Officials attended a demon- stration of a regenerative vacuum sweeper. The City is still investigating hiring a firm to do the street sweeping, however, it is doubtful this method would be cost effective. Mr. Forbes stated he hoped a decision on the street sweeper would be reached within the next thirty days. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY Council Member Dupee read a note from the Cooper Memorial Library Board thanking the City for all its help in writing the matching funds grant for the library expansion. She reported that the library had passed the first phase in obtaining the grant. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 27, 1983 Page -2- VISITORS WITH BUSINESS CLERMONT HOTEL Mr. Fred Morrison, an attorney retained to represent the City in Hotel matters, appeared before the Council to answer any questions pertaining to the City's lawsuit against Mr. Nick Buttitta, owner of the Hotel. Mr. Morrison explained the legal procedures being used by Mr. Buttitta's lawyer and stated that after the first motion to vacate the default had been denied, a second motion was filed. However, it is unclear if the motion will be granted on its merits or not. Mr. Morrison further stated that he felt no judge would order the Hotel building torn down because it was structurally sound. He further stated that he felt the case would go to bankruptcy court within the next sixty days, and within the next year the Hotel property would either be liquidated to pay off debts or go back to the original mortgage holders through negotiations. If the mortgage holders elect to take back the Hotel, they would be placed in a "custodial situation" and would have to clean up the prop- erty, board up the windows, and keep the grass mowed. If they failed to bring the property up to City Codes, then the City could tear down the building. Mayor Beals stated that maybe the mortgage holders would be more willing to cooperate with the City if Mr. Buttittta was out of the negotiations. If the Clermont Hotel issue was resolved, other dilapidated buildings in the City could be torn down. Council Member Turville stated that he believed that the City was spending money for legal fees, and was no closer to having the building torn down than two years ago. He then asked Mr. Morrison if the City would have a better chance on getting something done if it would put its lawsuit in abeyance for six months, and ask for the mortgage holders' immediate compliance to certain demands regarding the property. Mr. Morrison stated that he feld that it would give the mortgage holders an incentive to retrieve the property and they would become caretakers of their own assets. 83-164 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED WITH ONE ABSTENTION TO HOLD THE CITY'S LAWSUIT IN ABEYANCE FOR SIX MONTHS IF WITHIN SIXTY DAYS THE MORTGAGE HOLDERS AGREED TO COMPLY WITH THE FOLLOWING: PAINT THE OUTSIDE OF THE BUILDING AND BOARD UP THE WINDOWS, SECURE THE ELECTRICAL AND PLUMBING SYSTEMS BY REMOVAL OF THE OLD WIRING AND PIPES, AND REMOVE DEBRIS FROM THE OUTSIDE OF THE BUILDING AND MAINTAIN THE YARD AND GROUNDS. COUNCIL MEMBER POOL ABSTAINED FROM VOTING DUE TO A CONFLICT OF INTEREST. JOE HEATH VARIANCE REQUEST Mr. Joe Heath appeared before Council to request two variances for his property known as Lots 1,2, and 3, Block 47, City of Clermont. Mr. Heath wishes to construct three duplexes on the property, and in order to save the trees on the site, the following variances would be needed for the western two duplexes: (1) a rear yard variance of 11', from the 25' required to 14', and (2) allow the driveway turnaround to be paved up to the lot line. Mr. Heath explained his site plan to the Council. Mayor Beals then read a letter from Richard and Audrey Harris favoring the variance request. Mayor Beals then asked for comments from those present in the audience, and no one spoke for or against Mr. Heath's CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 27, 1983 Page -3- request. Council Member Turville stated that he felt the duplex closest to the lake should not be built because the pavement from the other two duplexes could cause future water runoff problems. He also felt that the duplex was located too close to the water's edge. If the variances were not granted, then the duplex closest to the water could not be built. It was further explained even if the variances were denied, Mr. Heath could still build the three duplexes on the property because all of his lots meet or exceed the City's zoning requirements. The variance was being requested to preserve the trees. After some ;:i- discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY 165 COUNCIL MEMBER COLE, AND CARRIED BY A FOUR TO ONE VOTE TO GRANT THE REAR YARD VARIANCE FROM THE REQUIRED 25' TO 14' AND TO ALLOW THE DRIVE- WAY TURNAROUND TO BEPAVED UP TO THE LOT LINE FOR THE WESTERN TWO DU- PLEXES AS SHOWN ON THE SITE PLAN. COUNCIL MEMBER TURVILLE VOTED NAY. LEASE AGREEMENT FOR 797 MINNEOLA_AVENUE City Manager Forbes reported that the lease agreement with Leslie Griffin for the city owned building at 797 Minneola Avenue was up for renewal on February 1, 1984. The proposed agreement would renew the lease on the building for thirty-six months, and has an option period for another thirty-six months. The monthly rental fee would be $195. The lease requires Mrs. Griffin to be responsible for interior repairs, and the City to be responsible for the exterior of _~- the building. After some discussion, A MOTION WAS MADE BY COUNCIL 166 MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE NEW AGREEMENT WITH MRS. LESLIE GRIFFIN FOR THE CITY OWNED BUILDING LOCATED AT 797 MINNEOLA AVENUE SUBJECT TO THE CONDITIONS AS LISTED IN THE LEASE AGREEMENT. JAYCEE BEACH HOUSE CONCESSION AGREEMENT Mr. Kyle Woodard, present proprietor of the Jaycee Beach House Conces- sion appeared before Council requesting revisions to his present lease agreement. Mr. Woodard asked that he be allowed to run the concession during the off season (day after Labor Day to the day before Memorial Day) at an off season rate of $60 per month during which time he will pay the entire water bill for the building. He also requested to be allowed to install a pool table and four more video games in his game room, and to be allowed to set his own hours. Mr. Woodard stated that he would not be open during school hours nor later than 11:00 p.m. Council Member Turville stated that when the specifications were written for the building, no video games were to be allowed. The Council has already allowed video games, and now Mr. Woodard is requesting to be allowed to install more of them. It appears that the Beach House is becoming a "game room" which can be an "attractive nuisance" for young people. After some discussion regarding the proper use of this facility, 83- A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER 167 COLE AND CARRIED BY A FOUR TO ONE VOTE TO ALLOW MR. WOODARD TO IN- STALL A POOL TABLE AND FOUR ADDITIONAL VIDEO GAMES AT THE CONCES- SION STAND FOR A THIRTY DAY TRIAL PERIOD. DURING THIS TIME THE CONCESSION STAND WILL CLOSE AT 10:00 P.M. AND MR. WOODARD WILL PAY A MONTHLY RENTAL FEE OF $87.50 AND THE FULL WATER BILL. AT THE END OF THE THIRTY DAY TRIAL PERIOD THE COUNCIL WILL REVIEW THE OPERA- TION, AND IF THERE ARE NO PROBLEMS, EXTEND THE AGREEMENT. COUNCIL MEMBER TURVILLE VOTED NAY. FINAL READING OF ORDINANCES 157-M AND 158-M, REZONING WADE PROPERTY It was explained that Mr. Bob Wade has requested rezoning of his recently annexed property from R-1-A to C-2 General Commercial and R-3 Residential/ Professional. At its September 6, 1983 meeting, the Planning and Zoning Commission made the following recommendations: Ordinance 157-M be amended to rezone Tract 9-B and the south 40' of tract 9-A to C-2 General Commer- cial. Tract 10 be rezoned R-3, and Tract 8-B and the remainder of Tract 9-A be rezoned to R-2. Ordinance 158-M be amended to rezone the property CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 27, 1983 Page -4- (Tracts 57-B and 8-A) to R-2 Two Family instead of R-3 as requested by Mr. Wade. (See attached maps). Mr. Dennis Horton, attorney for Mr. Wade, presented a revised drawing of Mr. Wade's request to~the Council, as well as drawings of his original request and the Planning and Zoning Commission's recommendations. Mr. Horton and Mr. Ben Blackburn explained that the new site plan had been designed to meet the concerns expressed by the Planning and Zoning Commission by providing a buffer zone of multi-family units to separate the commercial use on Grand Highway. After the overview of Mr. Wade's proposal, Mayor Beals called for comments from those present in the audience. Mr. Albert Richey, a property owner on Grand Highway stated that he favored the recom- mendations of the Planning and Zoning Commission and wished to have the property zoned in that manner. Mr. Jack Knight expressed his concern for the development near the lake because of the fluctuating lake levels. He also expressed concern over the water runoff from the property to the north of Tract 57-B and asked where it would go once the property was developed. Mr. Blackburn explained the proposed manmade stream and retention pond with a circulating pump to prevent stagnation which would be constructed on the property to curtail run- off from the north. Mr. Knight also asked about the type of commercial property which would be allowed along Highway 50 if it were zoned C-2. Council Member Turville asked City Manager Forbes to address some of the concerns he stated at the Planning and Zoning Meeting regarding the proposed development. Mr. Forbes stated that he was concerned with the steep topography of the land involved in the proposed C-2 zoning area with a depth of 600'. He did not believe that a road could be built there considering the slope of the land and the amount of fill which would be required. Mr. Paul Paynton, a Registered Civil Engineer, stated that he had looked over the site with Mr. Wade, and with fill and terracing the road could be constructed. Much discussion ensued regarding the topography of the land, drainage, road construction, and the proposed depth of the C-2 area. Council Member Turville stated that he felt it was not in the best interest of the City to zone that particular area C-2. Council Members Cole and Pool expressed their preference for the proposed 600' commercial area because it would allow for more setback from Highway 50 and stop the creation of a 300' commercial strip along the highway. Mr. John Fleming stated that in his opinion the area would be ideal for Planned Unit Development (PUD). At this point in the meeting, COUNCIL MEMBER POOL MADE A MOTION TO TABLE THIS MATTER UNTIL THE NEXT COUNCIL MEETING. THE MOTION DIED FOR LACK OF A SECOND. Mayor Beals expressed his concern for this development in relation to the City's Comprehensive Plan which discourages intensive construction of housing units in flood prone areas and areas of extreme slope, and finds it to be environmentally hazardous to allow high density develop- ment in lake areas. 83- After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER 168DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE, AND CARRIED BY A FOUR TO ONE VOTE TO TABLE THESE REZONING REQUESTS UNTIL THE SECOND REGULAR COUNCIL MEETING IN OCTOBER. THIS WILL GIVE THE COUNCIL MEMBERS MORE TIME TO STUDY MR. WADE'S NEW REZONING REQUESTS. MAYOR BEALS VOTED NAY. RESOLUTION NO. 448 - INDUSTRIAL DEVELOPMENT BONDS FOR LAKE HIGHLANDS NURSING HOME City Attorney Baird explained that Resolution No. 448 provided for the issuance of Industrial Development Revenue Bonds by the City CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 27, 1983 Page -5- to finance the cost of the Lake Highlands Nursing Home and Retire- ment Center expansion project in an amount not exceeding $2,900,000. 83_ After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, 169 SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 448 WHICH AUTHORIZES THE FINAN- CING OF THE EXPANSION TO AND ISSUANCE OF INDUSTRIAL DEVELOPMENT BONDS FOR LAKE HIGHLANDS NURSING HOME AND RETIREMENT CENTER IN AN AMOUNT NOT TO EXCEED $2,900,000. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS, DUPEE, POOL, COLE, AND TURVILLE, AYE;, AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. MANHOLE REPAIRS City Manager Forbes reported that Altair Maintenance Services had repaired the City's manholes which were damaged by hydrogen sulfide. All of the manholes were repaired, but during a warranty inspection it was found that the final sealant was not adhering to the deeper manholes. Subsequently, two other resealings also failed. The Company has now tried a new material called Sauereisen #33 Coating on one manhole, and it is working properly. Altair Maintenance now wishes to complete the warranty work and repair other manholes for an additional 10$ to cover the cost of the new material. It was recommended that Altair Maintenance Services provide a Per- formance Bond or that 10$ of the payment could be withheld for the one year warranty period if they are allowed to repair the additional twelve manholes. 83_ After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, 170SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSY CARRIED TO HAVE ALTAIR MAINTENANCE SERVICES COMPLETE THE WORK UNDER WARRANTY AT NO COST AND REPAIR TWELVE ADDITIONAL MANHOLES WITH SAUEREISEN #33 FOR AN ADDITIONAL 10$ TO COVER THE COSTS OF THE NEW MATERIAL PLUS THE AMOUNT STATED IN THEIR DECEMBER 13, 1982 LETTER. TEN PERCENT OF THE TOTAL PROJECT COSTS WILL BE WITHHELD UNTIL THE END OF THE WARRANTY PERIOD. EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY It was reported that Mr. Baird's Employment Agreement as City Attorney expired October 1, 1983 and should be renewed. The agreement remains the same as last year with a retainer fee of $500 per month with ad- 83_ ditional compensation at $60 per hour. After some discussion, A MOTION 171 WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO RENEW MR. BAIRD'S EMPLOYMENT AGREEMENT WITH THE CITY FOR FY 1983-1984 WITH A RETAINER FEE OF $500 PER MONTH AND ADDITIONAL COMPENSATION AT $60 PER HOUR. THIS AGREEMENT WILL EXPIRE ON OCTOBER 1, 1984. There being no further business, the ting adjourned at 10:00 p.m. .~ CHARLES B. BEALS, MAYOR ATTEST: A SAUNDERS, CITY CLERK