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07-26-1983 Regular Meeting . . Regular Council Meeting July 26, 1983 A Regular Meeting of the City Council of the City of Clenocmt was held Tuesday, July 26, 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: Mayor Pro Tem Pcx>l, Coucil Member Turville, Council Member Cole, and Council Member DuPee. Other City Officials present were City Manager Forbes, City Attorney Baird, and Deputy City Clerk Brandt. MINUTES The Minutes of the Regular Meeting held July 12, 1983 and the Workshop Meetings held July 13, 1983 and July 21, 1983 were approved as presented. CITY MANAGER'S REPORT SENIOR CITIZENS' ANNEX It was reported that a letter had been written to Mr. Jerry McDowell, Exec- uti ve Director, Lake County Council On Aging listing guidelines for the use of the Kehlor Park Recreation Building as Clennont' s Senior Citizens' Annex. Pennission was asked to send the letter, and it was the consensus of the Council to allow the letter to be sent. COUNCIL MEMBER DUPEE'S REPORT BOOK BINDING AT LAKE CORROCTIONAL INSTITUTE It was reported that the inmates at LCI operated a book bindery and Cooper Meroc>rial Library had ninety paperback books bound in hardcover at a cost of .60 per book. COUNTYWIDE LIBRARY SYSTEM Mrs. DuPee reported that Cooper Meroc>rial Library would receive $6,932 fram the County system this year, considerably rrore than the $2,400 received last year. Council Member Turville asked if this would cover the wages of a new employee hired by the library and Mrs. Dupee stated that it would. She also reported that because the library does belong to the County system, it had received a higher priority. ranking to receive State matching funds for construction of the proposed addition to the library. FAST CENTRAL FLORIDA REX3IONAL PlANNING COUNCIL Council Member DuPee reported that Sandra Glenn, Chairman, of the ECFRPC had announced cammi ttee appointments for the earning year. Mrs. DuPee had been appointed to the Finance, Prograrrming and Awards Canmi ttees, and Mr. Nick Jones of Clennont was appointed to the Project Review Committee, and Co-chairman of the Awards Canmittee. It was also reported that last year the Council processed $400,000,000 in applications. The Council will be implementing and ccx>rdinating the recently passed Hazardous Waste Management Program for the counties in this region, including a transfer site for hazardous materials in South Lake County. CLERMONT HarEL City Manager Forbes reported that the following letter fran Mr. Fred Morrison, the City's Attorney in matters dealing with the Clennont Hotel, had been received this rrorning and passed out copies to the Council. Due to the untimeliness of these letters, Mr. Forbes suggested that the matter be placed on the next Council Agenda for discussion. Mayor Beals stated that his patience was wearing very thin in matters regarding the Clennont Hotel and that he wanted the Hotel to be placed on the agenda every two weeks until the matter is resolved. He then introduced Mr. Cecil Eaton who lives next to the Clennont Hotel. Mr . Eaton again expressed concern for the safety of his heme if transients were to accidentally start a fire in the building. ~ Council Meeting ~ly 26, 1983 Page 2 . VISITORS WITH BUSINESS RESOLUTION NO. 439 - ~UEST FOR INDUSTRIAL DE.VELOPMEm' BONDS Mr. Herb Rogers, owner of Lake Highlands Nursing Hane appeared before the Council to request that the City sign the necessary documents to allow the Barnett Bank to purchase the total issue of bonds necessary for the financing of the expansion to the nursing home. Mr. Rogers introduced Mr. John D. Hallstram, Vice President of Barnett Bank, who would answer any questions the Council might have on Industrial Developnent Bonds. Mr. Rogers stated that Revenue Bonds were 23% below prime rate and that he would be able to pass on the savings to his clients. He also told of the many ways the expansion would benefit the conmunity: in- creased employment and cash flow, enhancement of existing businesses, and additional and expanded services. Council Member DuPee asked if the City's credit rating would suffer if a default on repaying the loan occurred. City Attorney Baird stated that after researching this matter and talking to bond counsel, it was his conclusion that there were no legal ramifications to the City in this matter. In the event of a default, Barnett Bank would have a lien on the project for payment, not the City of Clennont. City Manager Forbes stated that in the case of default, the City was at an advantage because Barnett Bank would be the sole purchaser of the bonds, and that Mr. Rogers would be paying ad valorem taxes on the property. He further stated that at a future Council Meeting, a policy should be set with regard to this type of bonds. Council Member Tuville asked for clarification on the ad valorem taxes, and Mr. Forbes stated that in sane instances, a City may actually become the owner of the property and have a lease back arrangement with the borrower, thus avoiding ad valorem taxes because government entities do not pay property taxes. Mr. Rogers will continue to pay taxes because the City will not own his property. Council Member DuPee stated that one of the prerequisites for issuing revenue bonds was that the City be able to handle the project in tenns of public facilities, and asked if the nursing home project would place a rroratorium on sewer hCX>kups in light of the fact that our present treatment plant is nearing capacity. City Manager Forbes stated that the City is not at that point yet. In talking with the City Engineer about this development and future multi-family type developments, as long as the City is able within the next two years to expand the treatment plant there will be no problems. At the present time we are getting excellent advance water treatment and our engineer feels we are in gCX>d shape, assuming we are going ahead with the sewer project. If not, then in a couple of years we will reach a point where we will have to say "no more." However, Mr. Forbes stated that he did not feel that this particular project would throw the City over the hump, but we do have others down the line. 83-117 After sane discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO AOOPT RESOLUTION NO. 439 WHICH AUTHORIZES THE E:XEX::UTION AND DELIVERY TO THE CITY OF CLERMONl', FLORIDA OF A LE'I'TER OF INl'ENl' AND INDUCEMENT AGREEMENl' TO LAKE HIGHIANDS REI'IREMENI' AND NURSING CENTER, INC. FOR REVENUE BONDS NOT EXCEEDING $2,900,000 TO FINANCE THE EXPAN- SION OF THE EXISTING NURSING HOME. VarIN(; WAS AS FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; OOUNCIL MEMBER COLE, AYE; OOUNCIL MEMBER TURVILLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. ~UEST FOR VARIANCE - 2248 SOUTH LAKESHORE DRIVE Mr. Bob Thompson appeared before the Coucil on behalf .of his rrother, Vivienne Jan Thompson, to request a variance fran the required 25 fcx>t rear yard setback to build a dining room addition. The addition would encroach eight feet into the rear yard. Mr. Thompson stated that in requesting this variance, his rrother had no real hardship, only that under the present zoning ordinance she would not be able to build a dining room. He further stated that the dirling room would be built facing the lake and there would be no neighbors affected by the proposed addition. R~ Council Meeting -J~ly 26, 1983 Page 3 . The City's FlCX>d Hazard Regulations require that the lowest flcx>r of a building must be at an elevation of at least 18 inches above the 100 year flCX>d elevation when built in a flCX>d hazard area. When questioned as to the elevation of the proposed addition, Mr. Thanpson stated that he did not know what it would be, and if it was higher than the existing heme, there was not enough room in the home to build a step going up into the dining room. Mr. Thompson was also asked when the home was built, and he stated that he did not know for sure. B3.JJB After much discussion, A MOTION WAS MADE BY OOUNCIL MEMBER POOL, SECONDED BY OOUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE THE ~UEST UNl'IL THE NEXT REX3UIAR COUNCIL MEEI'ING TO GIVE MR. THOMPSON TIME TO CHEX::K THE ELE.VATION OF THE PROPOSED ADDITION AND OBTAIN THE OONSTRUCTION DATE OF THE HOME. VARIANCE ~UEST - SOUl'HWEST PORTION OF TRACT 1 OAKHURST SUBDIVISION Ms. Chyrel Y. Boney appeared before the Council to request a variance to the subdivision ordinance. The ordinance requires that lots be 75 feet in width and have an area of at least 7,500 square feet. Ms. Boney owns a piece of property approximately 220x288 feet and wishes to divide it into three lots, each one being 73.33 feet wide and deep enough to con- tain at least 20,000 square feet. Mayor Beals asked if anyone wished to speak regarding the variance request, and no one spoke for or against it. City Manager Forbes stated that if the variance is granted, Ms. Boney would have to put in the sewer and water, curb and gutter, and pave the road before any hames were constructed. He then asked Ms. Boney if she understCX>d this, and she stated that she did. 83-/19After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY OOUNCIL MEMBER roLE, AND UNANIMOUSLY CARRIED TO GRANT THE !ill WIDTH VARIANCE FOR THE SOUl'HWEST PORTION OF TRACT 1, OAKHURST SUBDIVISION FROM THE ~UIRED 75 FEEl' TO 73.33 FEEl'. AGREEMEm' WITH COUNl'Y TO USE OLD LIBRARY BUILDING FOR AN ANNEX City Manager Forbes stated that formal approval of the proposed agreement with the County for use of the old library as a South Lake County Court- house Annex was needed. He reported that to date, only Mrs. Dupee had made any comments regarding the proposed lease. She reccmnended that item 3, "Terms of Lease" be amended to require the County to give 90 instead of 30 days' advance notice of their desire to exercise the option period. Mayor Beals stated that the County had already tenta- tivelyapproved of the agreement as it was written, and he felt that it would be best not to change the wording at this time. City Manager Forbes stated that he could ask the County for 90 day notice in writing without changing the agreement. After same discussion, A MOl'ION WAS (, ~ _ J Z 0 MADE BY OOUCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO EXECUTE THE AGREEMENT WITH THE OOUN!'Y FOR USE OF THE OLD LIBRARY BUILDING IN CLERMONT AS A SOUTH LAKE OOUNl'Y OOURT- HOUSE ANNEX. USE OF OOUN!'Y <::a-lMUNITY SERVICE Vl>RKERS City Manager Forbes explained that on January 11, 1983, the Council had authorized the use of Canmunity Service Workers fran the County Pro- bation Office for a period of six rronths, and asked the Council if they wished to continue with the program. Council Member Tuville asked how these workers had been utilized within the City. Mr. Forbes stated that they had been used to shovel sludge at the treatment plant, and for various jobs within the Public Works Department. After sane dis- cussion, A MOl'ION WAS MADE BY OOUNCIL MEMBER TURVILLE, SECONDED BY 83 -J2/ OOUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO OONTINUE TO PARTICIPATE IN THE COUNl'Y OOMMUNITY SERVICE m.RKERS PROGRAM. Regu'ar Council Meeting July 26, 1983 Page 4 . NEW BUSINESS RESOLUTION NO. 437 - LIBRARY GRANT It was explained that Resolution No. 437 would allow the City to apply for a grant through the State Library Services Construction Act to ex- pand Cooper Meroc>rial Library. The Library Board has recanmended a $100,000 addition to the library, of which $50,000 would be paid for through a grant. Council Member DuPee stated that the proposed Resolution No. 437 should be amended to include the following: "Whereas, the City of Clennont, lake County, Florida owns sufficient land for expansion." After same 83.n2 discussion, A MOTION WAS MADE BY OOUNCIL MEMBER POOL, SECONDED BY OOUNCIL MEMBER COLE AND tJNANlltK)USLY CARRIED BY ROLL CALL VarE TO AOOPT RESOLUTION NO. 437 AS AMENDED WHICH mOLD ALI..J:M THE CITY TO APPLY FOR A STATE LIBRARY SERVICES OONSTRUCTION GRANT OF $50,000. THE VarIN(; WAS AS FOL- IDWS: OOUNCIL MEMBER TURVILLE, AYE; OOUNCIL MEMBER OOLE, AYE; COUNCIL MEMBER DUPEE, AYE; OOUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. RESOLUl'ION NO. 436 - FINES FOR PARKING VIOIATIONS It was explained that Resolution No. 436 would establish fines for parking violations and allow the implementation of Ordinance No. 236-C which was passed several rronths ago. The fines for parking violations would be $5.00 if paid within 36 hours and $10.00 if paid after 36 hours. After sane dis- 83-12'3 cussion, A MOTION WAS MADE BY COUNCIL MEMBER OOLE, SECONDED BY OOUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VarE TO AOOPT RESO - LUTION NO. 436 WHICH ESTABLISHES PARKING FINES AT $5.00 IF PAID WITHIN 36 HOURS AND $10.00 IF PAID AFTER 36 HOURS. THE VarING WAS AS FOLLOWS: OOUNCIL MEMBER POOL, AYE; OOUNCIL MEMBER DUPEE, AYE; CDUNCIL MEMBER OOLE, AYE; OOUNCIL MEMBER TURVILE, AYE; AND MAYOR BEALS, AYE. THE RES0- LUTION WAS READ BY TITLE ONLY. RESOLUl'ION NO. 438 - CITY POLICY ON BOAT IXX::KS ON CITY PROPERTY It was explained that this Resolution would establish a policy of not allowing the City to grant agreements with citizens for private boat docks, beaches, or similar facilities on City-owned property. Several rronths . ago the City Council had requested that the Parks and Recreation Board make a recanmendation on this matter because there had been sev- eral requests for boat docks on Lake Winona. The Board unanirrously recanmended that the City not allow these requests. City Attorney Baird recarmended reroc>val of the following fram the proposed resolution: "Whereas, agreements for boat docks or beaches between the City and private citizens can create a genuine liability hazard for the City." 83-IZIIAfter same discussion, A MOTION WAS MADE BY CDUNCIL MEMBER TURVILLE, 'tSECONDED BY CDUNCIL MEMBER DUPEE AND UANIMOUSLY CARRIED BY ROLL CALL VarE TO AOOPT RESOLUTION NO. 438 AS AMENDED. VarING WAS AS FOLLOWS: CDUNCIL MEMBER TURVILLE, AYE; OOUNCIL MEMBER COLE, AYE; OOUNCIL MEMBER DUPEE, AYE; OOUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RES0- LUTION WAS READ BY TITLE ONLY. The meeting adjourned at 8:45 p.m. iJL~ /3.J3.e--4- CHARLES B. BEALS, MAYOR ATTEST: 4?~~~ WA SAUNDERS, CITY CLERK