08-09-1983 Regular Meeting
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CITY OF CLERMONT
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MINUTES
REGULAR COUNCIL MEETING
August 9, 1983
A Regular Meeting of the City Council of the City of Clermont was held
Tuesday, August 9, 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: Mayor Pro Tern Pool, Council Member Turville, Council
Member Cole, and Council Member Dupee. Other City Officials present
were: City Manager Forbes, City Attorney Baird, Finance Director
Saunders, and Deputy City Clerk Brandt.
The Invocation was offered 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 July 26, 1983, the Workshop
Meeting held July 27, 1983, and the Workshop Meeting held August
4, 1983 were approved as presented.
CITY MANAGER'S REPORT
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
City Manager Forbes reported that the East Central Florida Regional
Planning Council was forming a Tax Study Advisory Committee to study
the impact of Proposition 1 on local government, and had asked for
nominations to the Committee. Mr. Forbes made a recommendation to
nominate Finance Director Saunders as the City of Clermont's repre-
sentative to serve on the Tax Study Advisory Committee. It was the
consensus of the Council to have Mr. Saunders serve in that capacity.
SBA GRANT FOR LANDSCAPING
It was reported that a Small Business Administration (SBA) Grant
for $3,500 was available to the City. The grant would allow the City
to rehabilitate and develop its parks, recreational areas, and other
publicly owned lands. Mr. Forbes stated that the money would be used
to purchase trees and shrubs for City owned property, and Mr. Bob
Smythe, with assistance from the Clermont Garden Club, and Parks and
Recreation Board, would oversee the project. Mr. Forbes stated that
if there were no problems with this, he would like to execute the
agreement with the County for the grant money. It was discussed that
some larger trees should be planted, and the landscaping of the well
83-125 site on Minnehaha should be completed. A MOTION WAS MADE BY COUNCIL
MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED
TO EXECUTE THE INTERLOCAL AGREEMENT WITH THE COUNTY TO RECEIVE $3500
FOR THE DEVELOPMENT AND LANDSCAPING OF PUBLIC PROPERTY WITHIN THE
CITY LIMITS OF CLERMONT.
RADIO SYSTEM REFLECTOR
City Manager Forbes reported that as outlined in his memo to the
Council, if there were no objections, he would like to take $176.30
from Contingencies to purchase and install a reflector on our radio
system to help curtail our transmission interference in Volusia County.
It was the consensus of the Council to purchase and install the device
at a cost of $176.30 with funds from Contingencies.
JAYCEE BEACH BOAT RAMP IMPROVEMENTS
It was reported that the County had completed improvements to the Jaycee
Beach Boat Ramp and billed the City $3,313 for its share of the work.
Also, ten shuffleboard courts at Kehlor Park will be repainted at a cost
of $3,000. As discussed during the August 2, 1983 Workshop, both payments
would be made from the Recreation Capital Outlay Account. After some
discussion, it was the consensus of the Council to pay both amounts, with
funds coming from the Recreation Capital Outlay Account.
CENTER LAKE WEED CONTROL
Pursuant to the August 4, 1983 Workshop Meeting at Center Lake, City
Manager Forbes stated that if there were no Council objections, he would
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CITY OF CLERMONT
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August 9, 1983
Page 2
like to hire a company to mow the cattails and harvest the floating
weeds in Center Lake. Council Member Turville stated that it was his
understanding that the torpedo grass near the shoreline would not be
cut, and explained that shoreline vegetation such as cattails and
torpedo grass were beneficial because they lowered the nutrient level
of the lake naturally. Mr. Forbes stated that he knew of only one
company in Lake County that did this kind of work. However, an ad
would be placed in the Orlando Sentinel asking for bids on the work.
After some discussion, it was the consensus of the Council to proceed
with the bids for the work at Center Lake.
RUFUS SULLIVAN REQUEST PERMISSION TO CUT CATTAILS
It was reported that a letter had been received from Mr. Rufus Sullivan
asking permission to cut cattails on East Lake which obstruct the view
in front of his property. The City policy on shoreline trimming was
reviewed, and it was discussed that if permission were granted, Mr.
Sullivan could not pull the cattails out by the roots. After some
discussion, it was the consensus of the Council to have Mr. Forbes
send Mr. Sullivan a letter outlining the City's policy on shoreline
vegetation and granting permission to trim (not pullout by the roots)
cattails in front of his property on East Lake.
CITY ATTORNEY'S REPORT
HOOKS ROAD EASEMENT AND CONDEMNATION
City Attorney Baird referred to a letter he had sent to the Council re-
garding his negotiations with Mrs. Marilyn Langley for an easement on
her property on Hooks Road and the condemnation proceedings against her
property on Lakeshore Drive. He stated that the following settlement
had been tentatively reached: (1) Mrs. Langley would allow the City
to burn down the home on Lakeshore Drive as a training drill, (2)
she would convey an easement to the City along Hooks Road, and (3)
the City would pay Mrs. Langley $1,000 compensation for the easement.
Mr. Baird asked Council permission to 'proceed with this settlement.
83-126 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED FOR CITY
ATTORNEY BAIRD TO PROCEED WITH BOTH MATTERS AS OUTLINED IN HIS LETTER
TO THE COUNCIL DATED AUGUST 3, 1983.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee stated that the Lake Water Authority was proposing
to raise its millage from .04 to .50 mills. The increased millage was
needed to raise one million dollars to build two water control structures.
She stated that this was a large increase, and the City should keep care-
ful watch on the Agency's budget hearings.
COUNCIL MEMBER POOL'S REPORT
Council Member Pool reported that at the corner of Chestnut and West
Streets a tree overhangs the south side of the road and obstructs vision
to the west.
VISITORS WITH BUSINESS
RESOLUTION NO. 440 CONDITIONAL USE PERMIT FOR 770 WEST MONTROSE STREET
Mayor Beals reported that Mr. and Mrs. Richard Barton had requested a
CUP to operate a custom cabinetmaking/woodworking shop at 770 West
Montrose Street. Manufacturing is a conditional use in general com-
mercial zone, provided that such business employees fewer than five
persons and is incidental and complimentary to and in conjunction
with a retail business or service. On August 2, 1983 the Planning
and Zoning Commission recommended that the CUP be granted, subject
to the nine conditions listed in Resolution No. 440.
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Mr. Barton stated that the front part of the building would be used
as a showroom for the retail sales of their products. The remainder
would be used for the manufacturing operations.
Mayor Beals asked for any comments from those present in the audience,
and no one spoke for or against the proposed CUP. After some dis-
83-127 cussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL
MEMBER COLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESO-
LUTION NO. 440 GRANTING A CONDITIONAL USE PERMIT TO OPERATE A CUSTOM
CABINETMAKING/WOODWORKING SHOP AT 770 WEST MONTROSE STREET, SUBJECT
TO THE NINE CONDITIONS LISTED IN THE RESOLUTION. VOTING WAS AS
FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; COUNCIL
MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AND MAYOR BEALS, AYE. THE
RESOLUTION WAS READ BY TITLE ONLY.
RESOLUTION NO. 441-CONDITIONAL USE PERMIT FOR 450 WEST MONTROSE
It was reported that the First Baptist Church had requested a CUP to
use a building at 450 West Montrose for classrooms and grass parking.
Churches are a Conditional Use in Residential Zones. Mayor Beals
stated that the Planning and Zoning Comission at its August 2, 1983
Meeting had recommended granting the CUP on the condition that the
house be brought up to code if it is to be used for classrooms.
Mayor Beals asked for comments from those present in the audience,
and no one spoke for or against the proposed CUP. City Manager
Forbes stated that the topography of the lot requires that the
driveway be paved before grass parking can be permitted. Council
Member Turville reiterated that the building could not be used
for classrooms until it met City fire and building codes. He also
asked if the property would be used mainly for Sunday parking, and
City Manager Forbes stated that this was the intention of the Church.
83-128 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 RESOLUTION NO. 441 GRANTING A CONDITIONAL USE PERMIT TO
THE BAPTIST CHURCH TO USE THE PROPERTY AT 450 WEST MONTROSE FOR GRASS
PARKING AND CLASSROOMS, SUBJECT TO THE NINE CONDITIONS LISTED IN THE
RESOLUTION. THE RESOLUTION WAS READ BY TITLE ONLY.
REQUEST FOR VARIANCE - 2248 SOUTH LAKESHORE DRIVE
On behalf of his mother, Mr. Bob Thompson again appeared before the
Council to request a rear yard setback variance to construct a dining-
room addition to her home. The request had been tabled at the July,
26, 1983 Council Meeting to allow Mr. Thompson time to gather more
information. Mr. Thompson stated the this property was annexed into
the City in February of 1972 and the hardship was that the lot was
only 105' deep from the street to the present seawall, and the existing
structure is approximately 23' from the seawall. He stated that in
order to build the addition, he needed an eight foot rear yard variance.
After much discussion regarding setback requirements, rear yard setback
83-129 requirements for lake property, and annexation of property, A MOTION WAS
MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO GRANT
THE REQUESTED VARIANCE. THE MOTION WAS DEFEATED BY A THREE TO TWO VOTE.
VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL AND COLE, AYE; COUNCIL
MEMBERS TURVILLE AND DUPEE, NAY; AND MAYOR BEALS, NAY.
VARIANCE REQUEST FOR 954 WEST MONTROSE
Mayor Beals reported that Mr. David Cosson had requested a side yard
variance from the required 7~' to 6" in order to create a carport from'
an existing slab. The slab is 6" from the side property line. A letter
from Mr. Cosson's neighbors was passed out which stated that they ap
83-130 proved of his request. After some discussion, A MOTION WAS MADE BY -
COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUS-
LY CARRFIED TO DENY THE REQUEST.
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OLD BUSINESS
FINAL READING OF ORDINANCE NO. 155-M, ANNEXATION
Mayor Beals explained that if adopted, this ordinance would annex
approximately 95 acres of land located north of Highway 50 and east
of Grand Highway. The original request has been reduced by about
16 acres to avoid the creation of an enclave.
Mayor Beals asked for comments from those present in the audience,
and no one spoke for or against the annexation.
83-131 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO
ADOPT ORDINANCE NO. 155-M , ANNEXING APPROXIMATELY 95 ACRES OF
LAND NORTH OF HIGHWAY 50 AND EAST OF GRAND HIGHWAY BELONGING TO
BOB WADE. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE:
COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL
MEMBER TURVILLE, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS
READ BY TITLE ONLY.
Mayor Beals stated that he felt that this annexation was a very
positive and progressive step for the City of Clermont, and that
he would like to have property south of the City annexed because
the future of Clermont is to the south. He stated that he would
like to have the City Manager write property owners to the south
of the City and ask them if they interested in annexation. After
some discussion, it was the consensus of the Council to have Mr.
Forbes do this.
CLERMONT HOTEL
Mayor Beals stated that he wanted the Clermont Hotel to appear on the
agenda of the first meeting in September because the next court hearing
on this matter will be August 30, 1983.
In discussing the progress of the court hearings and the proposal made
by the former owners of the hotel, Council Member Turville expressed his
concern that the bankruptcy court judge will rule in favor of bringing
the hotel up to code and would not allow an asset to be torn down which
is the route being pursued by the City. The City will spend more and
more money, and in the end won't be able to tear the building down.
Mr. Turville stated that he would like to know just how strong our case
is for razing the building.
Mr. Cecil Eaton appeared and expressed his continued concern that some
vagrant will start a fire in the hotel and burn his home down with it.
He also stated that the same people are taken from the hotel repeatedly
by the police and asked why he couldn't sign a complaint for their
arrest.
City Manager Forbes stated that he would talk to Chief Tyndal and find
out what procedure to follow to keep the same vagrants from coming back
to the hotel building and report back to the Council.
NEW BUSINESS
CLERMONT CENTENNIAL COMMITTEE - REQUEST FOR FUNDS
It was reported that the Centennial Committee had requested $500 to
83-132 purchase photographic materials. After some discussion, A MOTION WAS
MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND
UNANIMOUSLY CARRIED TO GRANT THE REQUEST FOR $500 WITH PAYMENT COMING
FROM THE COMMITTEE EXPENSE ACCOUNT OF THE GENERAL FUND.
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MINUTES
REGULAR COUNCIL MEETING
August 9, 1983
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RESOLUTION NO. 442 - POLICY ON INDUSTRIAL DEVELOPMENT BONDS
City Manager Forbes explained that pursuant to Council direction, he had
written a Policy on the issuance of industrial development bonds to use
as a guideline for the City.
Council Member Pool stated that he questioned the fourth item of the
policy, questioning whether a lower limit should be placed on the value
of a project. City Manager Forbes stated that the intent of the
"threshold" requirement was to limit small projects. However, this item
could be removed from the policy if so desired.
Council Member Turville stated that he had trouble with getting involved
with these bonds, and wondered about the effects on private business al-
ready operating in Clermont when issuing them. City Manager Forbes
stated that he believed items numbered three and twelve adequately ad-
dressed this issue.
83-133 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
BY COUNCIL MEMBER COLE, AND UNANIMOUSLYI CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION NO. 442, AS WRITTEN, WHICH ESTABLISHES A POLICY FOR THE ISSUANCE
OF INDUSTRIAL REVENUE BONDS. VOTING WAS AS FOLLOWS: COUNCIL MEMBER TUR-
VILLE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL
MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE
ONLY.
RESOLUTION NO. 443 - UTILITY FUND BUDGET
It was explained that this Resolution would establish the Utility Fund
Budget of the City for FY1983-1984. The Resolution is necessary because
the City's Bond Ordinance requires the adoption of this budget 45 days
prior to the end of the fiscal year. The Utility Fund Budget will be
readopted according to procedures outlined in the Trim Bill. After some
83-134 discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL
MEMBER COLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION
NO. 443 WHICH ESTABLISHES THE CITY OF CLERMONT'S UTILITY FUND BUDGET FOR
FY1983-1984. VOTING WAS AS FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUNCIL
MEMBER POOL, AYE; COUNCIL MEMBER TURVILLE, AYE; COUNCIL COUNCIL MEMBER
COLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
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The Meeting adjourned at 9:15.
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ATTEST:
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AY SAUNDERS, CITY CLERK