04-26-1983 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING April. 26, 1983- A Regular Meeting of the City Council of the City of Clermont was held April 26, 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, Lester Cole, Ann Dupee, and Hal Turville. 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 repeating of the Pledge of Allegiance by all present. MINUTES The Minutes of the Regular Meeting held April 12, 1983 were approved as presented. CITY MANAGER'S REPORT BLEACHERS FOR KEHLOR PARK TENNIS COURTS City Manager Forbes reported that at the April Meeting of the Parks and Recreation Board, the Board had recommended that half of the cost for bleachers at the Kehlor Park Tennis Courts be paid by the City and th.e other half should be paid through citizen donations. The cost of the bleachers would be approximately $450. Council Member Pool asked if costs were shared for the benches at the shuffleboard courts and Little League fields. Mr. Forbes explained that in the past, various groups had shared the costs and donated their time for different projects. No one group sponsors the tennis tournaments frequently held at th.e Kehlor Park Courts which makes it more difficult to collect funds for the bleachers. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO HAVE THE CITY PAY THE TOTAL COST OF THE BLEACHERS. Upon clarification of who would actually 83-066 pay the costs, MR. COLE WITHDREW HIS SECOND AND THE MOTION WAS DEFEATED BY A :FOUR TO ONE VOTE WITH COUNCIL MEMBER POOLE VOTING AYE. . After further discussion regarding who actually uses the courts, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY A FOUR TO ONE VOTE TO HAVE CITY MANAGER FORBES CONTACT THE HIGH SCHOOL TO SEE IF THEY AND THE OTHER HEAVY USERS OF THE COURTS WOULD PAY HALF OF THE COSTS TO CONSTRUCT BLEACHERS AT THE KEHLOR PARK TENNIS COURTS. COUNCIL MEMBER POOL VOTED NAY. LEASE AGREEMENT - KEHLOR PARK RECREATION BUILDING City Manager Forbes stated that a lease agreement between the Lake County Council On Aging and the City had been prepared which would allow the Council On Aging to utilize the Kehlor Park Recreation Building for a Senior Citizens Center Annex. Mr. Forbes passed out draft copies of the agreement to the Council, and as.ked for their comments on the agreement. u City Attorney Baird stated that in looking over the lease agreement, every thing appeared to be in order but the Hold Harmless Clause. He felt that the City should not put monetary limits of $100,000 and $200,000 damage to the tenants, and that this part of the lease should be rewritten to reflect any amount claimed against the City. After some discussion, it was the consensus of the Council to have Mr.. Baird. rewrite the Hold Harmless Clause of the Agreement, and to notify the Lake County Council On Aging of our intent to present for their approval a lease agreement for the Kehlor Park Recreation Building. ASPEN-EMERALD LAKES - PRIVATE GARBAGE COLLECTION It was stated that the owners of Emerald Lakes Mobile Home Park had asked permission from the City to collect and dispose of their own garbage and refuse. The owners have purchased a garbage truck to service all of the parks they own in Lake County. Mr. Forbes stated that our Ordinance e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING April 26, 1983 Page -2- provides for the owners of the property which produces the refuse to dispose of it, and that he could see no problems if Emerald Lakes Mobile Home Park was permitted to do so. Initially it would affect the City monetarily, but in the long run the City might be better off allowing them to collect their own garbage and refuse. City Attorney Baird stated that the intent of the existing Ordinance appeared to be to allow an "individual property owner" to dispose of his own individual refuse, and the procedure is outlined. However, the Ordinance does not specifically address the matter for the "owner" of several units within a large complex. He felt that the Ordinance should be viewed in terms of policy because a franchise agreement might be needed to allow the servicing of so many units. It was suggested that the Council make a decision as to whether it will allow a large' complex to dispose of its own refuse and garbage or require it to have a franch~se agreement. City Manager Forbes stated that he felt as long as the "actual owners" of the park picked up the garbage, no franchise agreement would be needed. If the "owners" had someone else pick up the garbage, then a franchise agreement would be needed. City Attorney Baird reiterated that the intent of the Ordinance was to allow an "individual property owner" to dispose of his garbage, not a large complex with many units. In the past, the City's position had been that an operation such as Emerald Lakes is proposing would require a franch~se agreement. If the' Council allows Emerald Lakes to collect their own garbage, the Ordinance should be amended accordingly to eliminate future problems. Council Member Pool asked how allowing them to collect their own garbage would affect the City financially, and City Manager Forbes stated it would cost about 5% of revenues initially, but as the City grows we would be 83-067 better off. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED THAT BECAUSE OF THE QUESTIONS INVOLVING THE INTERPRETATION OF THE WORD "OWNER", THE OWNERS OF EMERALD LAKES BE ASKED TO ENTER INTO AN AGREEMENT WITH THE _, CITY WHICH INCORPORATES THOSE ITEMS REQUIRED BY THE ORDINANCE, SUCH AS TWICE A WEEK COLLECTION, ETC.; AND SUBJECT TO FINAL COUNCIL APPROVAL. OLD LIBRARY BUILDING - SOUTH LAKE COUNTY COURTHOUSE ANNEX I City Manager Forbes reported that Council Member Dupee had asked him to check on the status of the County using the old library building as a courthouse annex. He stated that he had spoke to Commissioner Smoak and that the County was in the process of looking at other counti~s' annexes and should be able to decide by the first part of June if they will use the old library building. Commissioner Smoak also asked for a firm commit ment from the City for the building. City Manager Forbes stated that should the County decide to use the building, he had already notified Lake-Sumter Community College of the City's intent not to renew their 83-068 lease on October 1, 1983. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO OFFER TO LEASE THE OLD LIBRARY BUILDING TO THE LAKE COUNTY BOARD OF COMMISSIONERS PURSUANT TO A JUNE 30, 1983 DECISION OF INTENT TO PLACE A SOUTH LAKE COUNTY COURTHOUSE ANNEX IN THE BUILDING. STATE HIGH SCHOOL ROWING CHAMPIONSHIP - MAY 14, 1983 It was reported that Mr. Bill Ray had asked permission from the City to hold the State Rowing Championship at Lake Minneola. After some discus~ sion, it was the consensus of the Council to allow the State High School Rowing Championship to be held at Jaycee Beach on May 14, 1983. LIGHTING - ELEMENTARY SCHOOL BASKETBALL COURT City Manager Forbes stated that a member of the Parks and Recreation Board brought to his attention that people playing night basketball at the elementary school court were using the lights at the tennis court to - CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING April 26, 1983 Page -3- light the basketball court. It was discussed that th~s is a very in- efficient use of electricity and suggested that a ligh~ pole 0ith a timer be installed for the basketball court. After some discussion, it was the consensus of the Council to have City Manager Forbes approach the elementary school about installing the light with a timer at the basketball court. CITY PROPERTY ON MOHAWK ROAD City Manager Forbes reported that he had received a request from a local Real Estate Broker about purchasing City property on Mohawk Road described as Lots 2 through 14, Bennet Heights Subdivision. Mr. Forbes stated that if the City ~ished to sell the property, it should be declared surplus property and PQt up for bids. Mayor Beals stated that the property had been used as a dump in the early sixties. Council Member Turville asked if the property could be used as a site for the Public WOrks Department? Mr. Forbes stated that it was doubtful because the topography of the land made building questionable. Council Member Pool asked if the site could be used as a landfill in the future. After some discussion, it was the consensus of the Council to have Mr. Forbes check with the County to see if it would be feasible to use the property as a landfill, and not con- sider selling at this time. 1983 STREET OVERLAY PROGRAM It was reported that the 1983 Street Overlay Progam was halfway,. completed. Mr. Henry Czech, present in the audience, suggested that the pavers warn the citizens when their property would be blocked because he was unable to get in his driveway for most of one day. CITY ATTORNEY'S REPORT CONDEMNATION PROCEEDINGS - 640 LAKESHORE DRIVE City Attorney Baird reported that the property owner was in the process of obtaining bids to have the burned home demolished. COUNCIL MEMBER DUPEE'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL It was reported that at the last monthly board meeting of the ECFRPC, all members were briefed on possible bills pending before the legislature, and a brief synopsis of the some bills was presented. LAKE-SUMTER COMMUNITY COLLEGE ADVISORY COMMITTEE Mrs. Dupee reported that the first meeting of the Advisory Committee would be April 28, 1983 and that the College was ask~ng for citizen input on the type of courses to be offered by the South Lake Annex. COOPER MEMORIAL LIBRARY Council Member Dupee gave a brief report on the luncheon honoring all volunteers at Cooper Memorial Library. COUNCIL MEMBER POOL'S REPORT Council Member Pool commended the City on its cleanup efforts after last Saturday's tornado. COUNCIL MEMBER TURVILLE'S REPORT ORANGE COUNTY CONDITIONAL USE PERMIT Council Member Turville stated that he wanted someone from Clermont to represent the City at the Public Hearing regarding Orange County's request for a Conditional Use Permit to build a sprayfield in South Lake County. He asked Mr. B~ck Evans who was present in the audience if he would be the City's representative. Mr. Evans stated that he would do so, if he e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING April 26, 1983 Page -4- and Mr. Bill Dailey could both represent the City. It was the consensus of the Council to have both gentlemen represent the City at the Hearing. MAYOR'S REPORT WORKSHOP MEETING Mayor Beals stated that a Workshop Meeting was needed, and suggested Tuesday, May 17th from 7:00 to 9:00 p.m. After some discussion, it was th,e consensus of the Council to hold a Workshop Meeting on that date. VISITORS WITH BUSINESS BID AWARD - JAYCEE BEACH CONCESSION STAND 83-069 Mr. Kyle Woodard appeared before the Council to discuss his proposed lease for the Jaycee Beach Concession Stand. Mr. Woodard stated that there were areas within the lease which he wished to have modified: (1) Because he is paying $175 per month rent, he would like to open for special events before,.Memorial Day and after Labor Day, (2) As part of the agreement, he is supposed to clean the public restrooms, and wbuld .like the City to furnish some of the cleaning and restroom supplies, and C32 He would like the City to fix the flashing on the building which was damaged by last weekend's storm. After much discussion regarding the cost of supplies, methods of operation of the concession stand in the past, and reducing the rent if Mr. Woodard furnished all of the supplies; Mayor Beals suggested that the rent remain $175 per month and the City would furnish cleaning and restroom supplies. After further discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT MR. WOODARD'S PROPOSAL TO LEASE THE JAYCEE BEACH CONCESSION STAND FOR $175 PER MONTH SUBJECT TO THE LEASE AS PRESENTED, WITH THE FOLLOWING CLARIFICATIONS: (1) THE CONCESSION STAND MAY BE OPERATED FOR SPECIAL EVENTS BEFORE 'MEMORIAL DAY AND AFTER LABOR DAY UPON NOTIFICATION OF THE CITY MANAGER'S OFFICE WHEN THE BUILDING IS BEING USED, (12) THE CITY WILL SUPPLY' A REASONABLE :AMOUNTGl CLEANING AND PAPER SUPPLIES FOR THE RESTROOMS, AND (3) THE CITY WILL FIX THE FLASHING ON THE BUILDING. PAUL HOBENSACK - REPORT ON SOLID WASTE AS AN ENERGY SOURCE Mr. Paul Hobensack of the Clermont Lions Club appeared before the Council to present a report on the possibility of using solid waste as an energy source for the City of Clermont. After much discussion and input from various members of the audience and Council regarding the costs involved, and the feasibility of using such an operation in Clermont; Council Member Pool thanked Mr. Hobensack for his presentation and asked that he R~esent more data on cities using solid wastes to generate electricity. before any decision on this matter can b.e made. Mr. Hobensack was asked to present his findi~gs at a futur:e Council Meetin-g. - _nu_____ Council Member Cole left the meeting at this point due to an emergency. SITE PLAN REVIEW - 857 EAST MINNEHAHA City Manager Forbes stated that in 1979 Mr. Don Tracy was granted a Conditional Use Permit to operate a real estate and wholesale plumbing business at 857 East Minnehaha. At that time a CUP was needed because a wholesale business was not allowed in the central business district, however, our new ordinance has changed this. In March of 1981 Mr. Tracy was granted a side and rear yard variance for the building with the con- ditions that the old building be torn down when the new building was completed and that the storage of all pipe and other materials would be inside the building. The building.has been torn down, However, Mr. Tracy now needs outdoor storage. Mr. Tracy appeared before the Council to explain the reasons for altering his original site plan. He explained that the 6utside storage for the pipe was inside a fenced-in area, and that he would be willing to put some type of slats or lacing in the fence to screen it from public view. e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING April 26, 1983 Because the parking at the new building is now different, Mr. Tracy requested to eliminate the shrubs to the south of the building which would have been a buffer between Tropicana's property and his own. The 57' joint use driveway is located in this area. Approval of these revisions would allow Mr. Tracy to obtain his final Certificate of Oc- 83-070 cupancy. . After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO APPROVE THE SITE PLAN WITH THE FOLLOWING REVISIONS: (1) 57' JOINT USE DRIVEWAY WHICH ELIMINATES TWO SEPARATE 40' DRIVEWAYS, (2) ELIMINATION OF THE BUFFER HEDGES ALONG THE SOUTH SIDE OF THE PROPERTY, AND (3) MATERIAL STORAGE WILL BE 'ALLOWED OUTSIDE OF THE BUILDING' IF PROPERLY SCREENED FROM PUBLIC VIEW. OLD BUSINESS FUNDING FOR WATER LINE TRANSFERS AND REPLACEMENTS BB-()7() A Mayor Beals reported that Mr. Preston Davis, Utility Director, had requested that the water line transfer and replacement project be con- tinued. An additional $2,200 is needed to complete the line transfers and $11,608 to continue the line replacement, or a total of $13,608 to be funded from the Improvement, Repair and Replacement Fund. When the original funds were budgeted, the City intended to complete the trans- fers over a few years' period of time, however, increased water quality, customer satisfaction from the project, and the fact that the part-time crew works BO well together makes it worthwhile to continue the project now. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE TWO EXPENDITURES TOTALING $13,608 TO CONTINUE UPGRADING THE WATER SERVICE, AND TO BE FUNDED FROM THE IMPROVEMENT, REPAIR AND REPLACEMENT FUND. SOUTH LAKE FIRE DISTRICT DISPATCHING AGREEMENT Mayor Beals explained that two years ago the City entered into an agree- ment with the South Lake Fire District to provide dispatching service. The agreement was renewed in July of 1982 and expires on April 28, 1983. The Fire District is requesting renewal of the agreement. The new agree- ment would increase the City's fee for the service to $40 per month. Council Member Pool asked if the Fire District was aware of the proposed feel increase, and City Manager Forbes stated that they had been notified. 83-071 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ,RENEW.: THE DIS- PATCHING AGREEMENT WITH THE SOUTH LAKE FIRE DISTRICT FOR A PERIOD OF ONE YEAR AND A FEE OF $40 PER MONTH. NEW BUSINESS ORDINANCE 234-c ~ INTRODUCTION .. Mayor Beals explained that Ordinance 234-c was a proposed ordinance which would have proposed amendments to the charter regarding the municipal election dates placed on the ballot. The changes would allow the municipal elections to correspond with the County, State and National Elections. Council Member Dupee asked if there was any point in going through with this because she understood that a proposal to have each county set its election day had gone through th.e State House Committee. Mayor Beals stated that he understood that each County Supervisor of Elections would be responsible to establish. uniform municipal election dates throughout the county, and felt if the City of Clermont took the initiative in this matter, the county might choose to use our election dates. City Attorney Baird advised that the State Bill would not be placed on the ballot until November, and the City should go ahead and pass this ordinance because it could be revoked at any time before the next municipal general election. Mayor Beals asked for clarification of the term "general election" in Section 2i; which City Attorney Baird explained as meaning the next city general election. Council Member Dupee stated that she felt the wording in Section 2 should be more specific than the words "changing the date". Mayor Beals suggested that the wording be changed to read.. . "relating to municipal elections conform- ing to other county, state and national elections". After much discussion, e CITY OF CLERMONT e MINUTES REGULAR CITY COUNCIL MEETING April 26, 1983 Page -6- COUNCIL MEMBER POOL INTRODUCTED ORDINANCE NO. 234-c WITH THE FOLLOWING AMENDMENT: SECTION 2, ,PARAGRAPH 2, WAS' CHANGED FROM "DO YOU FAVOR THE PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AS PROPOSED IN ORDINANCE 234-c RELATING TO CHANGING THE DATE OF THE CITY COUNCIL ELECTIONS" TO "DO YOU FAVOR THE PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AS PROPOSED IN ORDINANCE NO. 234-C RELATING TO MUNICIPAL ELECTIONS CONFORMING TO OTHER COUNTY, STATE AND NATIONAL ELECTIONS". THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE 235-C -, 'VEHICLE/PORTABLE 'SIGNS Mayor Beals explained that the proposed ordinance would limit the period of time a portable sign may be erected to thirty days, and only one permit per year per business would be granted. After some discussion regarding a recent court ruling regarding the unconstitutionality of banning the signs, COUNCIL MEMBER TURVILLE INTRODUCED ORDINANCE 235-C - VEHICLE/ PORTABLE SIGNS. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE 236-C - TRAFFIC Mayor Beals. explained that Ordinance 236-C clarified procedures the Police Department must use in issuing parking citations, and clarifies City Policy on traffic control. THE ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER POOL BY TITLE ONLY. FORECLOSURE ON LIENS - 1970 REVENUE BONDS It was reported that several people were delinquent in paying their sewer assessments. These assessments had been spread over a ten year period of time, and the final payment was due in April 1982. Since that time two notices had been sent out, one by the Finance Director and one by the City Attorney. City Attorney Baird discussed several ways of handling the del~nquent assessments, and stated that you cannot just ignore them. The Bond Ordinance requires that some action be taken. He further explained that State Statute outlines a rigid procedure to 83-072 follow fore foreclosing on the liens. After some discussion, A MOTION WAS 83-073 MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO PROCEED WITH THE PRESCRIBED LEGAL ACTION TO COLLECT THE DELINQUENT SEWER ASSESSMENTS. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO RELEASE THE CITY FROM $6,398.80 IN DELINQUENT ASSESSMENTS AGAINST CITY PROPERTY. The Meeting adjourned at 9:15. fLL Iff. ~ Charles B. Beals, Mayor ATTEST: .t3t