05-10-1983 Regular Meeting
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CITY OF CLERMONT
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MINUTES
REGULAR CITY COUNCIL MEETING
May 10, 1983
A Regular Meeting of the City Council of the City of Clermont was held
May 10, 1983 in the City Council Chambers. The Meeting was called to
order by Mayor Beals at 7:30 p.m. with the following Council Members in
attendance: Mayor Pro Tern Pool, Ann Dupee, Hal Turville, and Lester
Cole. Other City Officials present were: City Manager Forbes, City
Attorney Baird, and Deputy City Clerk Brandt.
The Invocation was offered by City Manager Forbes, followed by the re-
peating of the Pledge of Allegiance by all present.
MINUTES
The Minutes of the Regular City Council Meeting held April 26, 1983
were approved as presented.
CITY MANAGER'S REPORT
SUMMER RECREATION PROGRAM
It was reported that the Summer Recreation Program is in the process of
being finalized. Last week seven Swimmers' Aides participated in the
training program, and will be hired to assist with the Summer Swim Classes.
POLICE DEPARTMENT
City Manager Forbes commended the Police Department for its fine efforts in
conducting surveillances in various residential areas to apprehend a burg-
lary suspect. These surveillances were conducted by officers and dispatchers
who volunteered their time without pay. Mr. Forbes stated that he was very
proud of these men, and that they would receive a Letter of Commendation
for their efforts. It was also reported that a primary suspect in the recent
rash of burglaries had been arrested.
FEDERAL SENATE BILL 141
It was recommended that the Council support Senate Bill 141 which limits
damage awards in matters of Constitutional Rights Violations. After some
discussion, it was the consensus of the Council to have Mayor Beals send a
letter to our Senators supporting Senate Bill 141.
HOUSE BILLS 555 & 807
It was recommended that the Council oppose House Bills 555 & 807 which would
require mandatory certification of building inspectors and hold cities liable
if faults were found in structures inspected by their building inspectors.
After some discussion, it was the consensus of the Council to have Mayor
Beals send a letter to our local Representatives opposing HB 555 & HB 807.
SENATE BILL 674
It was recommended that the Council oppose SB 674 which deals with sovereign
immunity and would increase cities tort liability from 200,000 to 1,000,000
dollars. After some discussion, it was the consensus of the Council to have
Mayor Beals send a letter of opposition to our local Senators.
FINANCE DEPARTMENT - PURCHASE OF TYPEWRITER
City Manager Forbes reported that the Finance Department was requesting
permission to purchase a new IBM Selectric III Typewriter. The typewriter
presently being used is a 1964 model. The Selectric III would cost $828
from the State Contract and would be purchased from Contingencies. After
83-074 some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY
COUNCIL MEMBER. COLE AND UNANIMOUSLY CARRIED TO ALLOW THE FINANCE DEPARTMENT
TO PURCHASE AN IBM SELECTRIC III TYPEWRITER AT A COST OF $828. THE MONIES
WILL BE TRANSFERRED FROM CONTINGENCIES.
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REGULAR CITY COUNCIL MEETING
May 10, 1983
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SEMINOLE WELL HOUSING
City Manager Forbes stated, that if there were no Council objections, he
would have the City Engineer draw up plans and specifications for the
Seminole Well Housing as soon as possible. The project would be let for
bids later in the year and included in next year's budget. After some
discussion, it was the consensus of the Council to allow City Manager
Forbes to authorize the City Engineer to draw up plans and specifications
for the Seminole Well Housing.
COUNCIL MEMBER COLE'S REPORT
CHAMBER OF COMMERCE - LABOR DAY ROAD RACE
Council Member Cole asked if the Chamber of Commerce would have the exclusive
right to sell food during the Labor Day Celebration. City Manager Forbes
explained that as in the past, the Jaycee Beach Concession Stand would be
open and that the Chamber could also sell food since it was a non exclusive
franchise.
CHAMBER OF COMMERCE AND CITY COUNCIL WORKSHOP
Council Member Cole stated that the Chamber of Commerce wanted to have a
joint meeting with the City Council, and after some discussion, it was
decided to have a joint Workshop from 7:00 to 9:00 p.m. on May 31, 1983.
MAYOR BEALS' REPORT
OPTIONAL GAS TAX
Mayor Beals suggested that at the next Council Workshop on May 17,
the City should discuss the proposed optional gas tax, and that if
County does decide to levy the tax, how it should be distributed.
the consensus of the Council to discuss this matter on May 17th.
1983,
Lake
It was
MAYORIAL PROCLAMATION - NATIONAL PUBLIC WORKS WEEK
Mayor Beals read a proclamation, proclaiming the week of May 22-28 National
Public Works Week in Clermont.
VISITORS WITH BUSINESS
JOHN GREENLEE - AUDIT AGREEMENT
It was explained that the agreement with Greenlee, Paul, Kurras, Certified
Public Accountants was for the City's annual audit for the year ending
September 30, 1983. Council Member Turville asked if the fee for the audit
had increased. City Manager Forbes stated that the fee for the annual audit
report and annual financial report, as required by the State, would be the
same as last year, $12,500. The additional cost of $500 would be for an
audit report on Federal Revenue Sharing for the three year period ending
September 30, 1983. The total fee would be $13,000. After some discussion,
83-075A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TUR-
VILLE AND UNANIMOUSLY CARRIED TO ENTER INTO AN AUDITING SERVICES AGREEMENT
WITH GREENLEE, PAUL, AND KURRAS, CERTIFIED PUBLIC ACCOUNTANTSrFOR THE YEAR
ENDING SEPTEMBER 30, 1983, IN THE AMOUNT OF $13,000. )
JOHN GREENLEE - REQUEST FOR GRASS PARKING
It was explained that Mr. John Greenlee had requested to be allowed to in-
stall a driveway behind his office at 752 Montrose Street to allow grass
parking for his employees. The proposed parking area would require a curb
cut for access. Council Member Cole asked if the curb cut would cause any
water problems, and City Manager Forbes explained that it would cause no
problems as long as the concrete drive is constructed the full width of the
83-076curb cut and 6 feet in length. After some discussion, A MOTION WAS MADE BY
COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED
TO ALLOW MR. GREENLEE'S REQUEST FOR THE CURB CUT AND DRIVEWAY CONSTRUCTION
BEHIND HIS OFFICE AT 752 MONTROSE STREET.
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May 10, 1983
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RESOLUTION NO. 427 - CONDITIONAL USE PERMIT LAKE HIGHLANDS NURSING HOME
Mr. Herb Rogers, owner of Lake Highlands Nursing Home, appeared before the
Council to request a Conditional Use Permit to construct an addition con-
sisting of sixty beds and twenty-nine efficiency units three stories in
height. A similar plan was submitted three years ago. However, construcrion
was never begun due to the prevailing high interest rates in 1981. Mayor
Beals asked if anyone present in the audience wished to speak in favor or
against the proposed CUP, and no one spoke for or against it.
Mr. George Dupee who lives at 1654 East Avenue stated that he had no real
objection to the proposed expansion, but he and the McCances and powells
were concerned about a buffer between the properties zoned R-IA and the
Nursing Home property which is zoned R-3. He stated that. they felt a
combination of hedges and fence would be needed as the buffer between the
two types of property. Mr. Art Thayer who lives on the east side of Drew
Street stated that something should be done regarding employee parking be-
cause lights hit his home at night from the employees' parking lot.
At this point in the meeting, Council Member Turville suggested that the
Council discuss the eighteen conditions for the Conditional Use Permit in
numerical order, to lend clarity to the discussion.
#1 stated that a s.i;'qewa.:<Ll:<. must be constructed to City standards on the east,
west and north perimeters of the nursing home complex. Mr. Rogers stated
that he had no problem with this, but wanted to stop at the entrance to the
building to avoid the slope problem at this point.
#2 stated that the existing building must be facelifted and the new building
completed as shown on the architect's conceptual plans. Mr. Rogers stated
that the completed building would look like the picture.
#3 stated that the visual appearance of the shed to the south of the prupeL~i
must be upgraded. Mr. Rogers stated that the shed would be closed in on the
west side so that lawn care equipment would not be visible, and the shed
would be upgraded.
#4 stated that the parking spaces on City right-of-way on Minnehaha and East
Avenues must be eliminated and enough parking spaces provided to meet the
City requirements of one space for each four beds and each four employees,
plus one space for each staff doctor.
It was reported that City Ordinance discourages backing straight out into
the street such as on East Avenue and this parking should be eliminated.
Mr. Rogers stated that he wanted the parking left the way it was on East
Avenue, they had been parking there for seventeen years, and stated that
there would be additional parking in the front of the building.
City Manager Forbes stated that the parking on Minnehaha should be eliminate{
but Mr. Rogers stated that the parking was needed because elde~ly visitors
could not walk the 15' incline from the far parking lot to get into the
building.
It was brought up that on the original plans a service driveway went across
the property at the rear of the building, however, it was eliminated in
the present site plan. Mr. Rogers stated that the architect inadvertently
forgot to draw the driveway in. The driveway is needed to give large trucks
access to the building for deliveries. Much discussion followed on whether
any part of this driveway should be allowed on R-IA property.
83-077After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY
COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE RESOLUTION NO. 427
UNTIL THE JUNE 14, 1983 REGULAR CITY COUNCIL MEETING. MR. ROGERS WAS ASKED
TO PREPARE A NEW SITE PLAN WHICH INCLUDES THE SERVICE DRIVEWAY AND SATISFIES
THE OTHER CONCERNS MENTIONED BY THE COUNCIL AND CITIZENS.
Council Member Dupee asked for clarification of a statement made by Mr.
Rogers regarding the financing for the proposed expansion. Mr. Rogers
stated that his bank was in the process of initiating revenue bonds ..
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for the expansion.
City Manager Forbes stated that if the City Council did pass Resolution
No. 427 granting a Conditional Use Permit to Mr. Rogers, in no way should it
be construed that theCity endorses the issuance of Industrial Revenue Bonds
for the expansion of Lake Highlands Nursing Home.
RESOLUTION NO. 428 - CONDITIONAL USE PERMIT 748 LAKE AVENUE
Mayor Beals reported that Mr. William Westburg had requested to be allowed
to use the former Kid Stuff Day Care Center building located at 748 Lake
Avenue as a residential duplex. A CUP is required for dwelling units in a
C-2/CBD Zone. Mayor Beals asked for comments regarding the CUP from those
present in the audience, and no one spoke in favor or against the proposed
83-078duplex. After a brief 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. 428 GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH
A RESIDENTIAL DUPLEX IN A C-2/CBD ZONE LOCATED ON LOTS 5 & 6, BLOCK 76
(748 LAKE AVENUE). VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE;
COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE,
AYE; AND MAYOR BEALS, AYE.
CHAMBER OF COMMERCE USE OF KIWANIS ROOM IN JENKINS AUDITORIUM
It was reported that the Chamber of Commerce had requested to use the
Kiwanis Room at Jenkins Auditorium to expand their office space, and would
pay an additional $20 per month for the room. Mr. Searles stated that the
extra space was needed because the Chamber had hired a part-time secretary.
Council Member Dupee asked if this room could still be used by other groups
such as the Centennial Committee. Mr. Searles said that he would allow such
use if contacted first. The Kiwanis Club did not object, their only request
83-079was that their name remain on the room. After some discussion, A MOTION WAS
MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY
CARRIED TO ALLOW THE CHAMBER OF COMMERCE TO RENT THE KIWANIS ROOM AT JENKINS
AUDITORIUM FOR AN ADDITIONAL $20 PER MONTH WITH THE STIPULATION THAT THE
NAME "KIWANIS ROOM" REMAIN ON THE ROOM..
LEASE FOR KEHLOR PARK RECREATION BUILDING
It was reported that City Attorney Baird had rewritten the hold harmless
clause of the proposed lease agreement with the Lake County Council on Aging
and that the lease agreement states the Council on Aging will pay for all
utilities and schedule events which won't interfere with the Recreation
83-080Club's use of the building. After some discussion, A MOTION WAS MADE BY
COUNCIL MEMBER POOL, SECONDED.BY COUNCIL.MEMBER TURVILLE AND UNANIMOUSLY
CARRIED FOR THE CITY TO ENTER INTO THE AGREEMENT WITH THE LAKE COUNTY
COUNCIL ON AGING FOR THE USE OF THE KEHLOR PARK RECREATION BUILDING.
EMERALD LAKES GARBAGE COLLECTION AGREEMENT
It was reported that City Attorney Baird had drawn up an agreement which
would allow Aspen-Emerald Lakes Mobile Home Park to collect their own
garbage as was previously requested. Mr. Tom Lemon of the Emerald Lakes
Home Owners~ Association passed out copies of a motion passed during their
May 9, 1983 meeting which opposed any change in the present trash-garbage
collection service. Mr. Lemon stated that he felt the City should not enter
into any agreement with Aspen-Emerald Lakes at this time because of the
Home Owners Association's pending lawsuit against Aspen-Emerald Lakes. City
Attorney Baird concurred with Mr. Lemon and stated that a letter should be
written to the owners stating the City's position on this matter. After
83-081some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY
COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE THE AGREEMENT WITH
ASPEN-EMERALD LAKES INDEFINITELY DUE TO THE PENDING LAWSUIT.
INTRODUCTION OF ORDINANCE NO. 152-M - REZONE 501 ALMOND STREET
It was explained that Mr. Tom Dougherty had requested that Lot 127 of Cler-
mont Heights be rezoned from R-3 Residential/Professional to C-l Light
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Commercial. At the April 6, 1982 Planning and Zoning Meeting and the
May 3, 1983 Planning and Zoning Meeting the request was denied. It was
further reported that two property owners within 150', Mr. Morse and
Mr. Robert Thompson were opposed to the rezoning request. After some
discussion, COUNCIL MEMBER POOL INTRODUCED ORDINANCE 152-M BY TITLE
ONLY.
SURPLUS PROPERTY AND VEHICLE SALE
City Manager Forbes reported that the City of Clermont wished to declare
the following vehicles and machines surplus and have them sold at the
City of Leesburg Public Auction on May 14, 1983:
1 - 1977 Ford Sedan, Police Dept. V.I.N. F7H27H162322
1 - 1981 Ford Fairmont Sedan, Police Dept. V.I.N. lFABP21D5BK18059
1 - 1976 Ford Maverick - Code Enforcement, V.I.N. 6K92L147777
1 - Copystat Copy Machine - Police Department
3 - 10-Key Adding Machines - Finance Department
83-082After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DECLARE THE VEHICLES AND
EQUIPMENT LISTED ABOVE SURPLUS AND HAVE THEM SOLD AT THE CITY OF LEESBURG
PUBLIC AUCTION ON MAY 14, 1983.
It was further discussed that the Police Department has a great deal of
unclaimed property and wished to hold an auction sale here in Clermont.
City Attorney Baird had researched the laws regarding such sales, and
City Manager Forbes requested the Council's permission to hold the sale.
83-083A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER
COLE AND UNANIMOUSLY CARRIED TO ALLOW THE POLICE DEPARTMENT TO CONDUCT
AN UNCLAIMED PROPERTY SALE ACCORDING TO THE PROCEDURES AS SET FORTH BY
STATE LAW.
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RESOLUTION NO. 426 - INTERIM FINANCING FOR LANDSPREADING PROJECT
Mayor Beals explained that Resolution No. 426 must be adopted to allow the
City to obtain interim financing for our landspreading project. In looking
over the Resolution, it was noted that the proposed date to open the interim
financing bids would have to be changed to Monday, June 13, 1983 so that a
quorum of Council Members would be present to award the bids. After some
83-084discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY_~OUNC.TT
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION
426 WITH THE OPENING BID DATE CHANGED TO JUNE 13, 1983 AT 10:00 A.M. THE
COUNCIL AGREED THAT A SPECIAL MEETING WOULD BE HELD ON JUNE 13, 1983 AT
1:00 P.M. TO AWARD THE BID. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBER~QQL,
AYE; COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER
DUPEE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
The Meeting adjourned at 9:15 p.m.
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Charles B. Beals, Mayor
Attest:
/h. f3A.ant~
Brandt, Deputy City Clerk