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08-09-1983 Regular Meeting e CITY OF CLERMONT - 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 e CITY OF CLERMONT e MINUTES REGULAR COUNCIL MEETING 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. e CITY OF CLERMONT e MINUTES REGULAR COUNCIL MEETING August 9, 1983 Page 3 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. e CITY OF CLERMONT e MINUTES REGULAR COUNCIL MEETING August 9, 1983 Page 4 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. - CITY OF CLERMONT - MINUTES REGULAR COUNCIL MEETING August 9, 1983 Page 5 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. , The Meeting adjourned at 9:15. CiJk~L!}~R~ ATTEST: ~/&~~ AY SAUNDERS, CITY CLERK