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09-14-1983 Regular MeetingCITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 14, 1983 A Regular Meeting of the City Council of the City of Clermont was held Wednesday, September 14, 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 Dupee, Mayor Pro Tem 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 given by Mayor Pro Tem Pool followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held August 23, 1983 and the Special Meeting held September 7, 1983 were approved as presented. CITY MANAGER'S REPORT HOMECOMING PARADE It was reported that the High School Homecoming Parade would be held on Friday, October 7, 1983 at 4:00 p.m., and would follow the same downtown route as last year. It was the consensus of the Council to allow the parade. DENNY DOYE PROFESSIONAL BASEBALL SCHOOL It was reported that Denny Doyle had requested the use of Bishop Field to conduct his baseball school from February 19, 1984 through April 7, 1984, from 8:30 a.m. to 3:30 p.m. and that he would donate $200 per week to the City for use of the field. Mr. Forbes stated that the City had no problems with the school in the past, and that the donation had gone into the City's Parks and Recreation Fund. After some discussion, it was the consensus of the Council to allow Mr. Doyle the use of Bishop Field from February 19th through April 7th as long as those dates and times did not conflict with High School or League play. The $200 per week donation will go into the City's Parks and Recreation Fund. LANDSCAPING GRANT It was reported that the City had received approval of its landscaping grant in the amount of $3,500 this week and must finalize the program within two weeks. Mr. Bob Smythe, Public Works Director, had obtained prices for trees and shrubbery from several area nurseries. After some discussion, it was the consensus of the Council to allow Mr. Smythe to use his discretion in obtaining the trees and shrubbery to complete the landscaping grant. PLANNING AND ZONING CONFERENCE IN ORLANDO It was reported that there would be a four day Planning and Zoning Conference in Orlando, October 15, 1983 through October 18, 1983, and some members of the City's Planning and Zoning Commission had expressed an interest in attending the meeting. After some discussion, it was the consensus of the Council to allow them to attend. ST. JUDE'S BIKE-A-THON It was reported that a letter had been received from Michelle Delaney, requesting permission to hold a bike-a-thon in Margree Gardens Subdi- vision on Saturday, October 1, 1983, to raise money for St. Jude's Children's Research Hospital. This bike-a-thon has been held in the past, and there have been no problems. After some discussion, it was the consensus of the Council to allow Mrs. Delaney to hold the bike-a- thon on October 1, 1983, with the stipulations that she have proper traffic control and notify the home owners in the subdivision of the event. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 14, 1983 Page -2- 83-149 CHURCH DIRECTIONAL/INFORMATIONAL SIGNS - ST. MATTHIAS EPISCOPAL CHURCH City Manager Forbes reported that he had received a request from St. Matthias Episcopal Church to place informational/directional signs on private property within the City which is not allowed under the City's Sign Ordinance. However, the City has allowed such signs to be placed on City street sign posts on Highway 50, and such a sign could be placed at Lake and Highway 50; two other locations for this type of sign were also discussed, City property located at the southeast corner of Lake Minneola Drive and Fifth Street and Montrose and Twelfth Streets. The signs may be no larger than four square feet (2'x2'). After some discussion, it was the consensus of the Council to have Mr. Forbes write the Church and inform them that a sign no larger than 2x2' may be placed at the three locations mentioned above, with sign placement to be approved by the City. Since these signs will be placed on City property, the City reserves the right to remove the signs should any problems arise in the future. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY It was reported that the Library the $50,000 matching funds grant, building was being remodeled into had completed its application for and that the former vault at the a Young People's Section. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mrs. Dupee reported that she would attend her first Awards Committee Meeting of the ECFRPC next Wednesday. VISITORS WITH BUSINESS RETIREMENT CEREMONY FOR SED ADAMS Mr. Sed Adams was called to the podium by Mayor Beals, and together with Mr. Bob Smythe, they presented Mr. Adams with a gold watch for his over twenty years of dedicated service to the City. Both gentlemen spoke highly of Mr. Adams, and all present gave him a round of applause at the end of the ceremony. SOUTH LAKE PLAYERS REQUEST TO USE JENKINS AUDITORIUM City Manager Forbes reported that a letter from the South Lake Players requesting permission to use Jenkins Auditorium for the current season had been received. Mr. Joe Wiebush, President of the Players, appeared before the Council and reported that they would not be using the audi- torium for rehearsals through December because another building had been leased for that purpose, and gave the financial report of the group. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO ALLOW THE SOUTH LAKE PLAYERS TO USE JENKINS AUDITORIUM WITH THE SAME CONDITIONS AS LAST YEAR: 1. WAIVE RENTAL FEES FOR REHEARSALS, BUT CHARGE FOR PERFORMANCES , 2. OTHER FACILITIES WILL BE USED FOR AS MANY REHEARSALS AS PRACTICAL, 3. THE FINANCIAL STATUS OF THE GROUP WILL BE REPORTED TO THE COUNCIL AT THE END OF THE SEASON'S PRODUCTIONS, 4. THE AUDITORIUM CAN BE USED ONLY ON THE DATES AND TIMES APPROVED BY THE CITY, 5. A FIFTY DOLLAR DEPOSIT IS REQUIRED, AND 6. THE BUILDING CANNOT BE ALTERED IN ANY MANNER EXCEPT FOR TEMPORARY STAGE PROPS, WITHOUT CITY MANAGER APPR(1VAT. _ RESOLUTION NO. 450 - CONDITIONAL USE PERMIT FOR BLUE GOOSE. Mayor Beals reported that Blue Goose had requested a Conditional Use Permit to expand its citrus processing plant by adding a 30' x 60' building 0 feet from the rear lot line. Mr. John Mercer, local manager of the plant, ap- peared before the Council and explained that the building had to be situated CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 14, 1983 Page -3- on the lot in as indicated on the site plan because of a City sewer easement, and there was no way to avoid the 0' rear lot line setback. Mayor Beals called for comments from those present, and no one spoke for or against the proposed CUP. Mayor Beals then read a letter from Lawson Wolfe, President of Clermont Builders' Supply, supporting the Conditional Use Permit. He also noted that the Clermont Planning and Zoning Commission at its last regular meeting had recommended approval of this request. After 83- some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY 150 COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESO- LUTION NO. 450, GRANTING A CONDITIONAL USE PERMIT TO BLUE GOOSE PACKING COM- PANY FOR EXPANSION OF THE EXISTING PLANT BY THE ADDITION OF A 30'x60' BUILD- ING 0' FROM THE REAR LOT LINE. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER COLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 451 - JOSEPH WASHUTA REQUEST FOR A CONDITIONAL USE PERMIT Mayor Beals explained that Mr. Washuta had requested a Conditional Use Permit to convert an existing office building into two apartments, each containing 610 square feet of floor space. The building is located at 849 West Minneola Street. Mayor Beals stated that the Planning and Zoning Commission at its last regular meeting had recommended approval of the application. He then called for comments from those present in the audience, an no one spoke for or against the Conditional Use Permit. Mr. Washuta asked if he was required to provide heat for the apartments, and was told that it is required by the Clermont City Code. After some 83- discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY 151 COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION N0. 451 GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 849 WEST MINNEOLA TO CONVERT AN EXISTING OFFICE BUILDING INTO TWO APARTMENTS EACH CONTAINING 610 SQUARE FEET OF FLOOR SPACE. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 453- ICO, INC.'S REQUEST FOR A CONDITIONAL USE PERMIT Mayor Beals reported that ICO, Inc. had requested a Conditional Use Permit to construct ninety-two condominium units on 9.25 acres of property located approximately 300' north of the Grand View Apartments. Margie Rowe, a representative for ICO, Inc. appeared before the Council to answer any questions, and stated that they agreed with the recommendations of the Planning and Zoning Commission. City Manager Forbes explained that before any building permit for this development could be issued, the property which is owned by Mr. VanderMeer would have to be subdivided and the sewer and water system extended to serve the property. Mrs. Rowe stated that she understood this. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the proposed development. Council Member Dupee stated that due to the potential increase of traffic on Grand Highway, turn lanes should be installed by the developer for ingress to and egress from the property. Council Member Turville expressed his concern that this development could have water retention problems. 33- After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED 152 BY COUNCIL MEMBER COLE,AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 453 WITH THE FOLLOWING AMENDMENT, THAT CONDITION NO. 10 BE ADDED WHICH STATES THAT THE DEVELOPER SHALL WIDEN GRAND HIGHWAY TO ALLOW TURNING LANES FOR INGRESS TO AND EGRESS FROM THIS DEVELOPMENT WITH THE PLANS TO BE APPROVED BY THE CITY ENGINEER. VOTING WAS AS FOLLOWS: COUNCIL MEMBER TURVILLE,AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 14, 1983 Page -4- RESOLUTION NO. 452 - CHURCH OF THE NAZARENE'S REQUEST FOR A CUP Mayor Beals reported that the Church of the Nazarene located at 101 Grand Highway had requested a Conditional Use Permit to expand its existing building. The Planning and Zoning Commission had recommended approval of this request at its last meeting. City Manager Forbes reported that because part of the land on which the expansion would take place is located in the County, annexation proceedings have been initiated by Reverend Legg, but he needs Church approval. Mr. Buddy Moore, a representative of the Church, appeared before the Council to answer any questions. Mayor Beals asked for comments from those present in the audience, and no one spoke for or against 83- the proposed building expansion. After some discussion, A MOTION WAS MADE BY 153 COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION N0. 452 GRANTING A CONDI- TIONAL USE PERMIT TO THE CHURCH OF THE NAZARENE LOCATED AT 101 GRAND HIGHWAY TO EXPAND ITS EXISTING BUILDING. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESO- LUTION WAS READ BY TITLE ONLY. OLD BUSINESS RESOLUTION NO. 449 - FINAL MILEAGE RATE Mayor Beals reported that Resolution No. 449 would set the City's millage rate at 2.595 mills for FY1983-1984. The City is not increasing its millage, there is no increase over the roll back rate, and the proposed millage rate was lowered from 2.793 mills. Mayor Beals then called for comments from those present in the audience, and Senator Langley stated that he was happy to see the City lower its millage. Don Smith asked how the loss of revenue from the State from what he calls "sin tax" would affect the City's budget? City Manager Forbes stated that when planning the budget, this type of loss was considered and lower amounts were 83- budgeted, so the City should be okay. After some discussion, A MOTION 154WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 449 WHICH SETS THE CITY'S FINAL MILEAGE RATE AT 2.595 MILLS FOR FISCAL YEAR 1983-1984. VOTING WAS AS FOLLOWS: COUNCIL MEMBER TURVILLE, AYE: COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. RESOLUTION NO. 454 - GENERAL FUND AND REVENUE SHARING FUND BUDGET Mayor Beals explained that this Resolution proposes a final General Fund Budget of $1,197,172 and a Revenue Sharing Budget of $48,050. If Revenue Sharing is not passed by Congress again, the funds will not be spent. Mayor Beals called for comments from those present in the audience, and Ann Ritch, President of the Clermont Chamber of Commerce asked to speak. She requested that the Council reconsider its funding of the Chamber, and reinstate into the budget the $10,000 originally requested. No one else spoke for or against the proposed General Fund and Revenue Sharing Budget. 3- After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED 156 BY COUNCIL MEMBER COLE AND WAS DEFEATED BY A THREE TO TWO ROLL CALL VOTE TO BUDGET $5,000 FOR THE CHAMBER IN FY1983-1984'S GENERAL FUND BUDGET. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, NAY; COUNCIL MEMBER DUPEE, NAY; AND MAYOR BEALS, NAY. 33- After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE 157 SECONDED BY COUNCIL MEMBER DUPEE, AND CARRIED BY A THREE TO TWO ROLL CALL VOTE TO ADOPT RESOLUTION NO. 454 AS WRITTEN WHICH PROVIDES FOR A GENERAL FUND BUDGET OF $1,197,172 AND A REVENUE SHARING FUND BUDGET OF $48,050. VOTING WAS AS FOLLOWS: COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER DUPEE, AYE; AND MAYOR BEALS, AYE; COUNCIL MEMBER POOL, NAY; AND COUNCIL MEMBER COLE, NAY. THE RESOLUTION WAS READ BY TITLE ONLY. CLTY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 14, 1983 Page -5- RESOLUTION NO. 455 - SANITATION FUND BUDGET Mayor Beals explained that this Resolution provides for a final Sanitation Fund Budget of $273,059 in expenditures and provides for garbage and trash collection, with no fee increase for this service. Mayor Beals then asked for comments from those present in the audience, and no one spoke for or against the proposed budget. 83_ After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, 15g$ECONDED BY COUNCIL MEMBER POOL, AND UNANZMOUSL`Y CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 455 WHICH SETS THE FINAL SANITATION FUND BUDGET AT $273,059 FOR FISCAL YEAR 1983-1984. VOTING WAS AS FOLLOWS: COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESO- LUTION WAS READ BY TITLE ONLY. RESOLUTION N0. 456 - UTILITIES FUND BUDGET Mayor Beals explained that this Resolution provides for a final Utilities Fund Budget of $791,649 in expenditures, and provides for the water and sewer services of the City without increases in water or sewer rates. Mayor Beals then asked for comments from those present in the audience, and no one spoke for or against the proposed budget. After some dis- 83_ cussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL 159MEMBER POOL, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESO- LUTION NO. 456 WHICH SETS THE FINAL UTILITIES FUND BUDGET AT $791,649. VOTING WAS AS FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUCIL MEMBER POOL, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. CENTER LAKE WEED CUTTING City Manager Forbes reported that the City had received only one bid for $4,200 from Randy's Weed Cutting of Altoona to cut weeds at Center Lake. He stated that this bid appeared to be high. The lake is presently being lowered to repair a pump, and when the lake reaches a lower level, it is believed that City crews may be able to cut or mow the buttonwood along the shore, but not the cattails. After some g3_ discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY 160 COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE THE WEED CUTTING BIDS UNTIL A LATER DATE, GIVING THE CITY CREWS TIME TO SEE WHAT THEY CAN DO WHEN THE LAKE LEVEL IS LOWER. CLERMONT HOTEL City Manager Forbes gave each Council Member a copy of a letter from Mr. Fred Morrison, Attorney, updating them on matters concerning the Clermont Hotel. After some discussion, it was the consensus of the Council to have Mr. Morrison present at the next Regular Council Meeting to answer questions pertaining to the legal procedures involved. CITY ATTORNEY'S REPORT - HOOKS ROAD EASEMENT & CONDEMNATION PROCEEDINGS City Attorney Baird reported that the initial negotiated settlement for the Hooks Road easement and condemnations proceedings against property on Lakeshore Drive had not worked out. Originally it was negotiated that the City would pay the property owner $1,000 for the Hooks Road easement, and in turn would burn down the condemned building as a training exercise for the fire department. Neighbors objected to the fire, and the property owner has now hired a contractor to tear down the building for its salvage value. The agreement does not include removal of the slab or filling in the basement where the furnace was located. Also, in light of the fact that the City now needs an additional 50' for the Hooks Road easement, the property owner now wants $2,000 for the easement. CITY OF CLERMONT Iv~INUTES REGULAR COUNCIL MEETING September 14, 1983 Page -6- Council Member Turville asked if it would have been less expensive if the City had torn down the building? Mr. Richard Langley stated that his client had signed an agreement with the contractor. However, if the City agrees to the terms of the new settlement, his client would sign over the agreement to the City, and the City would be able to en- force it. Mr. Baird was also asked if the City would be liable if someone fell into the hole left from the furnace removal? Mr. Baird stated that the property owner would be liable if this happened. Mr. Baird recommended that the City pay Mr. Langley's client $2,000 for the Hooks Road ease- ment because obtaining the easement through condemnation proceedings would be far more costly. 83- After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, 161 SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT CITY ATTORNEY BAIRD'S RECOMMENDATION TO PAY MR. LANGLEY'S CLIENT $2,000 FOR THE HOOKS ROAD EASEMENT. INTRODUCTION OF ORDINANCES 157-M AND 158-M, WADE PROPERTY REZONES Mayor Beals explained that these Ordinances were being introduced as requested by Mr. Bob Wade, owner of the property, and that he had asked that the property in Ordinance 158-M be rezoned R-3 Residential/ Professional and the property in Ordinance 157-M be rezoned to C-2 General Commercial. Mayor Beals also explained that the Planning and Zoning Commission, at its last regular meeting, had made recom- mendations different than those requested by Mr. Wade. Mayor Beals stated that he felt uncomfortable having an ordinance introduced knowing that the form of the final ordinance would be different than that being requested. After some discussion on procedures for introducing ordinances, it was decided to maintain past policy. City Attorney Baird stated that the ordinance could be changed without re-advertising, as long as the density for a particular tract did not increase from the original request. ORDINANCES 157-M AND 158-M WERE INTRODUCED BY COUNCIL MEMBER POOL BY TITLE ONLY. BID AWARD - HEALTH INSURANCE Finance Director Saunders reported that every three years the City bids out its insurance policies, and although numerous companies were contacted, no bids were received for our health insurance. Our present health insurance carrier, Florida Municipal Health Trust has sent the City notice of a premium increase effective October 1, 1983. Mr. Saunders further stated that he would continue to try and find better rates, but in talking with other companies, they could not offer the same coverage at a lower price. Mr. Saunders recommended that the City continue its health insurance policy with the Florida Municipal Health Trust with the following monthly rate increases: CURRENT RATE NEW RATE Employee (City Pays) $38.83 $55.72 Dependent Coverage $70.49 $83.55 (Employee Pays) 83- After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED 162 BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO CONTINUE THE CITY'S HEALTH INSURANCE COVERAGE WITH THE FLORIDA MUNICIPAL HEALTH TRUST AT THE RATE OF $55.72 PER EMPLOYEE, AND $83.55 PER MONTH FOR DEPENDENT COVERAGE. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 14, 1983 Page -7- There being no further business, Meeting adjourned at 9:00 p.m. Charles B. Beals,, Mayor ATTEST: Wa Saunders, City Clerk