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04-14-1981 Regular Meeting e e e e CITY OF CLERMONT MINUTES REGULAR MEETING April 14, 1981 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, April 14, 1981. The meeting was called to order by Mayor Hoskinson at 7:30 p.m. with the following Councilmen in attendance: Lester Cole, Michael Conley, Robert Pool, and Dennis Thomas. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and City Clerk Rozar. The Invocation was offered by Councilman Pool, followed by repeating of the Pledge of Allegiance by all present. MINUTES A motion was made by Councilman Cole, seconded by Councilman Thomas and unanimously carried that the Minutes of the March 24, 1981 meeting be approved as presented. CITY HANAGER' S REPORT DEPARTMENT OF TRANSPORTATION 81-46 City Manager Forbes stated that the DOT is requesting a person be designated to sign forms for temporary closing of state roads. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED THAT THE MAYOR BE AUTHORIZED TO SIGN NECESSARY FORMS FOR TEMPORARY CLOSING OF STATE ROADS ISSUED TO THE DEPARTMENT OF TRANSPORTATION. "CLERMONT CLEAN COMMUNITY DAY" City Manager Forbes stated that the Village Square Association is requesting MOBtrose Street be closed between Seventh and Eighth Streets on May 9, 1981 for "Clermont Clean Community Day." He stated that they would also be placing a banner over the street. It was the consensus of the Council that there were no problems with this request. SOUTH LAKE FIRE DISTRICT City Manager Forbes requested authorization to negotiate, along with the City Attorney to draw a contract, setting a fee and terms for dispatching services for the South Lake Fire District. Council consensus was to give the City Manager and City Attorney authorization, keeping in mind potential liabilities. LAKE COUNTY POLLUTION CONTROL BOARD City Manager Forbes stated he attended the Lake County Pollution Control Board Meeting April 13, and the City's variance was approved for another six months. LANDSPREADING ALTERNATIVES The City Manager stated that the Lake Soil and Water Conservation Service is willing to help in analyzing the landspreading site and determining the proper irrigation system. However, since the new director will not be starting until the day before the planned workshop meeting, it will be a few months before they can have this information available. e e e e CITY OF CLERMONT MINUTES REGULAR MEETING April 14, 1981 Page 2 WORKSHOP MEETING City Manager Forbes recommended that the planned Workshop Meeting be held Tuesday, April 21, 1981 at 5:00 p.m. in the City Manager's office. Council consensus was to accept this recommendation. CITY ATTORNEY'S REPORT Smith vs. City 81-47 Mr. Ba~rd explained that a lawsuit filed against the City last year for alleged damage to citrus trees when the City was construct- ing the sewer system is being negotiated for settlement. He requests approval to propose a settlement of $750, which is the appraised value of the trees. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT THE CITY ATTORNEY BE AUTHORIZED TO PROPOSE A $750 SETTLEMENT, TO BE PAID THROUGH CAPITAL IMPROVEMENT FUNDS. FINANCE DIRECTOR'S REPORT Mr. Saunders reported that the City has received the Draw Down Schedules for the Water System Improvements and proposals for investment of the note proceeds will be accepted until Monday, April 20, 1981, at 4:00 p.m. MAYOR'S REPORT POLICE PROTECTION Mayor Hoskinson stated in clarification of a press article, that the City Council has not made a formal proposal for police protection to the City of Minneola. PLANNING AND ZONING COMHISSION Mayor Hoskinson related a letter of resignation from Laura Cook from the Planning and Zoning Commission. Council consensus was to appoint a new member at the next regular meeting, and a letter of appreciation to be sent to Mrs. Cook. PRIVATE PROPERTY WEEK Mayor Hoskinson stated he has issued a proclamation, proclaiming April 19 through 25 as "Private Property Wee," in conjunction with the National Association of Realtors. COUNCILMAN CONLEY Councilman Conley inquired on the status of obtaining carp or an alternative method of controlling the weed and grass growth in Center Lake. City Manager Forbes reported that application has been made to obtain fish to control the aquatic weed. COUNCILMAN THOMAS Councilman Thomas reported he had attended the recent Library Board Meeting and was asked that he express their appreciation to the City for the help in the landscaping project. e e e e CITY OF CLERMONT MINUTES REGULAR MEETING April 14, 1981 Page 3 COUNCILM.A.N COLE Councilman Cole stated a sign should be placed on Disston Ave. between Pitt and DeSoto Streets, designating children at play. City Manager Forbes stated he will look into the matter. LAKE DOT VILLAS: UTILITY BENEFIT FEE GRACE PERIOD EXTENSION Councilman Dennis Thomas, General Partner of Lake Dot Villas, excused himself from this portion of the meeting~ Bob Thompson appeared before the Council requesting that an extension of 45 days be granted, exempting the Ticlaw Developers from paying the required Utility Benefit Fees. Mr. Thompson stated the developers of this project, did not forsee the complications a condominium presents in relation to an apartment complex. He further stated that every aspect in preparation for construction has been completed, however, the condominium documents that are filed with the state have not been returned, and construction cannot begin without the return of the state approved condo documents. Mr. Thompson stated that there was clearly an internal lack of communication among the Ticlaw Developers, causing the oversight that an extension request would be necessary. City Manager Forbes stated that consideration should be given to the initial intent of the grace period authorized by the City. It was explained that the purpose of the grace period was to prevent penalizing persons that had obtained building permits that had not undergone the City review procedures, and at the same time eliminate permits being issued on speculation in order to avoid the fees. City Manager Forbes requested that the Minutes reflect his recommendation that an extension of time exempting Ticlaw Developers from the City Utility Benefit Fees not be granted. After some discussion, A MOTION WAS MADE BY COUNCILMAN POOL AND SECONDED BY COUNCILMAN COLE THAT A NINETY DAY EXTENSION OF GRACE BE EXTENDED TO THE TICLAW DEVELOPERS, FROM APRIL 1, EXEMPTING THEM FROM PAYING THE REQUIRED UTILITY BENEFIT FEES ESTABLISHED BY THE CITY. UPON ROLL CALL VOTE: Councilman Cole voting yea, Councilman Pool voting yea, Councilman Conley voting nay, Mayor Hoskinson voting nay; the motion failed. 81-48 A MOTION WAS MADE BY COUNCILMAN POOL AND SECONDED BY COUNCILMAN COLE TO EXTEND THE EXEMPTION PERIOD FOR TICLAW DEVELOPERS TO JUNE 1, 1981 at 5:00 p.m., AND AT THAT TIME THEY WOULD BE REQUIRED TO PAY THE REQUIRED UTILITY BENEFIT FEES IF CONSTRUCTION HAS NOT BEEN STARTED. UPON ROLL CALL VOTE: Councilman Cole voting yea, Councilman Conley voting yea, Councilman Pool voting yea, and Mayor Hoskinson voting nay; the extension was granted. Councilman Thomas re-entered the meeting at this time. e e e e CITY OF CLERMONT MINUTES REGULAR MEETING April 14, 1981 Page 4 VARIANCE: 144 E. Highway 50, Don Craig 81-49 It was explained that Mr. Craig is requesting a rear yard setback of 20' 6", from the required 25' in order to construct an addition to his Sporting Goods Business. After discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE TO 144 E. Highway 50. Mayor Hoskinson stated his concern on the approval of the variance, but because we granted a similar one recently to Cumberland Farms, he has voted yea. TENT REVIVAL: Tom Miller Tom Miller appeared before the Council requesting permission to hold a tent revival in the vacant lot east of City Hall. He stated the owner had approved the use of the lot and he does have liability insurance. The services would be held from April 17 through May 1, 1981, starting at 7:30 p.m. closing at approximately 10:30 or 11:00 p.m. 81-50 After discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED TO GRANT PERMISSION FOR THE TENT REVIVAL WITH THE FOLLOWING STIPULATIONS: THERE MUST BE AN APPROPRIATE ELECTRIC HOOKUP, FIREPROOF TENT, PORTA-TOILETS, OBTAIN AN OCCUPATIONAL LICENSE, AND FURNISH A $75 TRASH DEPOSIT, WHICH IS REFUNDABLE IF THE GROUNDS ARE LEFT IN ORDER. BROOME STREET PAVING 81-51 Bud Sampson, representative for Springstead & Associates, explained the plans, specifications and approximate costs for the construction of Broome Street from Fourth to Fifth Street. Doc Jones, a major property owner was present in support of the project City Attorney Baird explained Resolution No. 368, stating that this resolution authorizes preparation and publication of an assessment roll, and a public hearing on the assessments to be held on May 26, 1981. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. 368. VOLUNTARY ANNEXATION 81-52 Due to the absence of a representative of the property to be annexed, A MOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT THE ISSUE BE TABLED UNTIL A REPRESENTATIVE IS PRESENT. DICKSON SHORES PLAT City Manager Forbes stated that the final plat has been changed to comply totally with the City's Subdivision Ordinance. 81-53 A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT THE PLAT BE ACCEPTED WITH A WAIVER OF SIDEWALKS AND THE 5 PERCENT LAND VALUE REQUIRED FOR PARKS. e e e e CITY OF CLERMONT MINUTES REGULAR MEETING April 14, 1981 Page 5 ODOPHUS TANKS City Manager Forbes explained that the City has leased two Odophus Tanks for two years, and now has the option to buy the tanks with all lease costs deducted from the $6,000 purchase price. However, the City may continue to lease the tanks at $500 per year, and the factory representative believes that this additional rental fee could also be applied toward the purchase of the tanks. 81-54 A MOTION WAS MADE BY COUNCILMAN CONLEY AND SECONDED BY COUNCILMAN THOMAS TO TABLE THIS ISSUE UNTIL THE FACTORY REPRESENTATIVE VERIFIES THAT LEASE FEES COULD BE APPLIED TO THE PURCHASE PRICE. A motion was made by Councilman Pool, seconded by Councilman Thomas, and unanimously carried that the meeting adjourn. The meeting adjourned at 9:30 p.m. ~~---~~...: -~ .. ames M. Hoskinson, Mayor