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05-10-1983 Regular Meeting e CITY OF CLERMONT e 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. e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING May 10, 1983 Page -2- 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. e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING May 10, 1983 Page -3- 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 .. e CITY OF CLERMONT e REGULAR MINUTES CITY COUNCIL May 10, 1983 Page -4- MEETING 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 . CITY OF CLERMONT e REGULAR MINUTES CITY COUNCIL May 10, 1983 Page -:5- MEETING 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. \ 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. ~13.~~- Charles B. Beals, Mayor Attest: /h. f3A.ant~ Brandt, Deputy City Clerk