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03-09-1982 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR MEETING March 9, 1982 A Regular Meeting of the City Council of the City of Clermont was held on March 9, 1982 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Hoskinson, with the following Councilmen in attendance: Michael Conley, Robert Pool, Dennis Thomas, and Hal Turville. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and City Clerk Rozar. The Invocation was offered by Councilman Thomas, followed by repeating of the Pledge of Allegiance by all present. MINUTES --: A motion was made by Councilman Conley, seconded by Councilman Thomas and unanimously carried that the Minutes of the February 23, 1982 meeting be approved as presented. CITY MANAGER'S REPORT LANDSPREADING City Manager Forbes reported that a letter has been received from the Department of Environmental Regulation regarding the compliance schedule for our landspreading project. The City now has until September 15, 1982 to submit plans and specifications, and until September 15, 1983 to com- plete construction. 82-30 The City Manager stated that he attended the Lake County Pollution Con- trol Board Meeting on Monday, March 8. The City was granted a one year variance, and approval of the landspreading compliance schedule. He requested that he be authorized to sign the variance agreement. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED THAT THE CITY MANAGER BE AUTHORIZED TO SIGN THE VARIANCE AGREEMENT WITH THE LAKE COUNTY POLLUTION CONTROL BOARD. WELL - MINNEHAHA AVENUE The City Manager reported that the shaft is complete and the water quality meets the required standards. The well housing and related facilities will be completed after a 14 day period following the required publication in the local newspaper. This is a requirement of the Department of Environ- mental Regulation. WASTEWATER TREATMENT PLANT City Manager requested authorization to discuss with officials of the EPA, the possibility of obtaining a grant for future expansion of the Wastewater Treatment Plant. Council consensus was that the City Manager should pursue the possibility of obtaining a grant for future expansion. WATER TANK 82-31 City Manager Forbes stated that the 100,000 gallon water tank on High- land Avenue is in need of inspection. He recommended that the tank be inspected by a tank inspection consulting engineer rather than a company that would do the actual repairs or maintenance. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED THAT TANK INDUSTRIES BE AUTHORIZED TO INSPECT AND MAKE RECOMMENDATIONS FOR MAINTENANCE AND REPAIR TO THE 100,000 GALLON WATER TANK ON HIGHLAND AVENUE NOT TO EXCEED $1,425.00. WORKSHOP City Manager Forbes reminded the Council that a workshop will be held Tuesday, March 16, 1982 at 6:30 p.m. in the City Manager's Office. This workshop will be to consider the Capital Improvements Plan" and Water Rates. e CITY OF CLERMONT e MINUTES REGULAR MEETING March 9, 1982 Page -2- FINANCE DIRECTOR'S REPORT 82-32 Finance Director Saunders reported that lighting improvemnts have been completed at Bishop Field, which was funded by the Horton Fund. This project was not budgeted in this year's budget and will require an amendment to transfer the funds to the operating budget. Mr. Saunders stated that $1,488.00 was donated, and the final cost of the lighting improvements is $1,477.00. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED THAT $1,477.00 BE TRANSFERRED TO THE OPERATING BUDGET FOR THE PAYMENT OF THE LIGHTING IMPROVEMENTS AT BISHOP FIELD. WATERWAY DEEPENING The City Clerk reported that the Seaboard Coastline Railroad has given approval for the deepening of the waterway beneath the trestle connecting lakes Minneola and Hiawatha. The Lake Water Authority's engineer is seeking proposals and recommendations from area contractors to do the deepening. MAYOR'S REPORT CHAMBER OF COMMERCE WEEK PROCLAMATION Mayor Hoskinson read and proclaimed March 15 - 19, Clermont Chamber of Commerce Week. CLERMONT HOTEL Mayor Hoskinson stated that the City had extended the Clermont Hotel's deadline for renovations until March 24, 1982. City Manager Forbes stated that he had spoken with Mr. Buttitta and will be receiving a letter stating Mr. Buttitta's intentions. SALES TAX LEGISLATION Mayor Hoskinson related a letter from Representative Everett Kelly re- garding the proposed one-cent sales tax increase. He stated that he would be in Tallahassee on March 10, 1982 to discuss the matter with our representatives and League of Cities Officials. COUNCILMAN CONLEY'S REPORT BOAT RAMP Councilman Conley inquired about the status of the Boat Ramp Improvements. City Manager Forbes stated that they have been formally approved and he will be meeting with County Officials on this project on Wednesday, March 10, 1982. BISHOP FIELD 82- 33 ,Denny Doyle, of the Florida Professional Baseball School appeared before the Council requesting the use of Bishop Field immediately through April 10, 1982 from 8:30 a.m. to 3:30 p.m., Monday through Saturday for the purpose of instruction of youth in baseball fundamentals. He stated that the School will make a $200 per week donation to the City for the weeks the program is in operation on the field. In addition, a baseball clinic for area youth will be provided. After discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED THAT THE FLORIDA PROFESSIONAL BASEBALL SCHOOL BE ALLOWED TO USE BISHOP FIELD IMMEDIATELY THROUGH APRIL 10, 1982 FROM 8:30 a.m. to 3:30 p.m. MONDAY THROUGH SATURDAY, WITH ANY SCHEDULING CONFLICT WITH THE BABE RUTH LEAGUE TO BE NEGOTIATED WITH MR. PETERMAN. A DONATION OF $200 PER WEEK WILL BE ACCEPTED AND USED FOR RECREATIONAL PURPOSES ONLY. e CITY OF CLERMONT e MINUTES REGULAR MEETING March 9, 1982 Page -3- VARIANCE: 240 Hillside Drive, Robert Cornelius 82-34 Mr. Cornelius appeared before the City Council requesting to construct a porch in his front yard with a setback of 18 feet, eight inches, whereas, the required setback is 25'. Mr. Cornelius appeared to explain his request and stated that a large roof overhang was necessary at his home to prevent rain from entering through open windows and door. After extensive discussion, it was determined that there are no unique factors of hardship that would warrant approval of the variance. The consensus of the Council was that the City already allows a 3' overhang into the required front yard setback, and that Mr. Cornelius's problem with rain water entering open windows was not unique to his property; but in fact was a situation that existed on any property in the City. A MOTION WAS MADE BY COUNCIIkffiN TURVILLE, SECONDED BY COUNCILMAN CONLEY AND UNANI- MOUSLY CARRIED THAT THE VARIANCE BE DENIED. CONDITIONAL USE PERMIT: 610 Lakeshore Drive, Andrew Morris 82-35 Mr. Dennis Horton was present representing Andrew Morris, requesting a conditional use permit to construct an addition to his duplex. A CUP is required because the duplex is located in a R-I-A single family zone. The zoning ordinance does allow pre-existing buildings which are now non- conforming to continue to exist, but mandates that a CUP be obtained before any expansion or enlargement is done. The Planning and Zoning Commission recommended that the CUP be granted subject to being developed with the submitted site plan, including bricking of the building, as well as the conditions of all CUP's. Since the addition is in conformance with all setback requirements, it was the consensus of the Council that this improvement to the building is warranted. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED THAT THE CON- DITIONAL USE PERMIT BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION: 1. That the property be developed in accordance with the site plan, including bricking the building. 2. The permit shall expire if construction has not begun within one year of the date of this Conditional Use Permit. 3. Any further construction or expansion must be approved by a CUP. 4. A Certificate of Occupancy shall not be issued until all the above conditions are met. JAYCEE BEACH HOUSE RENTAL/LEASE 82- 36 Mr. Phil Garvin appeared before the Council requesting an extension of the lease agreement awarded him last year. After discussion, A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN POOL AND UNANI- MOUSLY CARRIED THAT PHIL GARVIN BE AvlARDED AN EXTENSION OF HIS LEASE AGREEMENT FOR A PERIOD OF ONE YEAR, WITH A MONTHLY RENTAL FEE OF $40.00. DRIVEWAY AGREEMENT: First Federal Savings & Loan Association Mr. John Tubb appeared before the Council requesting acceptance of an agreement prepared by First Federal's attorney which clarifies items two and four as follows: 2. ...including construction according to CITY OF CLERMONT specifi- cations, clarified by which said specifications shall not be more strict than those required for any other commercial driveway with similar usage. 4. ... constitutes a traffic hazard clarified by of sufficient nature to constitute a real and present danger to life, limb or property of motorists or pedestrians. 82-37 City Attorney Baird stated he had reviewed the agreement and approved the language change submitted by First Federal. A MOTION WAS MADE BY e CITY OF CLERMONT e MINUTES REGULAR MEETING March 9, 1982 Page -4- COUNCI~N TURVILLE AND SECONDED BY COUNCILMAN THOMAS, THE AGREEMENT WAS ADOPTED BY A 4-1 VOTE, WITH MAYOR HOSKINSON VOTING NAY, STATING THAT HE BELIEVES CLOSING THE STREET WOULD BE A MORE APPROPRIATE ACTION. BOND VALIDATION: Resolution No. 393 City Manager Forbes recommended that adoption of this resolution be tabled unt~l the next Regular Meeting, since it has yet to be thoroughly reviewed. DOT WORK PROGRAM: Resolution No. 392 82-38 City Manager Forbes explained that this resolution was prepared to formally state the requests of the City at a public hearing on the State's DOT five year construction plan which will be held in Deland on March 24, 1982. This resolution recommends that the State include in their five year plan the four laning of Highway 50 from Clermont to Groveland; the immediate installation of a traffic signal at the SR561 and SR50 intersection; and the rehabilitation of US27 from SR50 to SR561A. He recommended that a copy of this resolution be sent to the DOT in Deland, and a copy sent to the County. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE THAT RESOLUTION NO. 392 BE ADOPTED,VOTING WAS AS FOLLOWS: Councilman Turville, aye; Councilman Thomas, aye; Councilman Conley, aye; Councilman Pool, aye; and Mayor Hoskinson, aye. BID AWARD: MANHOLE REHABILITATION City Manager Forbes explained that the City Engineer recommends that Altair Maintenance Services, Inc. be awarded the bid for manhole rehabilitation even though their bid was $8,765.00 and the low bid was $8,000.00. This recommendation is based on differences in proposals of work as follows: Altair proposes to inject grout around the exterior of those with with the most serious leaks (as well as interior coating> whereas, the low bidder proposes only interior coating; their proposal is much more detailed with respect to cleaning and preparation procedures prior to sealing and coating; and several options which might prove necessary after the cleaning and preparation work has been done. 82-39 A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT ALTAIR MAINTENANCE SERVICES, INC. BE AWARDED THE MANHOLE REHABILITATION BID IN THE AMOUNT OF $8,765.00 UPON THE RECOMMENDATION OF THE CITY ENGINEER. FEES FOR RESTORATION OF WATER SERVICE AND OPENING NEW ACCOUNTS: Resolution No. 391 82-40 City Manager Forbes explained that this resolution establishes fees for the restoration of water service for nonpayment and opening of new accounts. After discussion, it was determined that $10.00 for restoration of service and $3.00 for opening of new accounts would be more in line with the actual cost of the work involved. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 391 ESTABLISHING FEES FOR RESTORATION OF WATER SERVICE AT $10.00 AND NEW ACCOUNTS AT $3.00~ VOTING WAS AS FOLLOWS: Councilman Pool, aye; Councilman Turville, aye; Councilman Thomas, aye; Councilman Conley, aye; and Mayor Hoskinson., aye. APPROVAL OF WATER - SEWER CONTRACT 82-41 City Manager Forbes explained that the water - sewer contract has been updated and is a form stating the agreement of customers accepting re- sponsibility of payment for water and sewer services. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY, AND UNANIMOUSLY CARRIED THAT THE WATER - SEWER CONTRACT BE APPROVED. e CITY OF CLERMONT e MINUTES REGULAR MEETING March 9, 1982 Page -5- FEES FOR CEMETERY LOTS AND CREMORIAL NICHES: Resolution No. 390 82-42 City Manager Forbes explained that this resolution is necessary to establish fees for cremorial niches because the price that the City pays for these units has been increasing. The resolution also requires non residents to pay a higher fee for cremorial units because the operational costs of the cemetery are heavily subsidized-through general revenues; which non residents do not pay. All additional money obtained from non resident fees are placed in the Perpetual Care Fund for the cemetery. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED THAT RESOLUTION NO. 390 BE ADOPTED. VOTING WAS AS FOLLOWS: Councilman Conley, aye; Councilman Thomas, aye; Councilman Turville, aye; Councilman Pool, aye; and Mayor Hoskinson, aye. LANDSPREADING The City Manager requested authorization to have the City Attorney -apply for a CUP from the County to include all sixty-five acres presently under option, and in addition parcels fifty-four and fifty-five for our proposed landspreading site. Council consensus was that the City Manager be authorized to include all of the above property in the CUP application. The meeting adjourned at 9:15 p.m. r2~ ~/.~~-~ Mayor