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04-10-1979 Regular Meeting e . . e CITY OF CLERMONT MINUTES REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, April 10, 1979. The meeting was called to order at 7:30 P.M. by Mayor Pro-Tern Byrd, with the following members present: Councilmen Schroedel, Cole, and Honey. Other officials present were: City Manager Forbes, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, and Chief of Police Tyndal. Others present were: Ms. Bonnie Homan, Mr. & Mrs. W. B. Perry, and the Messrs. Law, Czech, Sargent, Weaver, Wood, Turner, Douglass, Sheppard, Jones, Judy, and Searles. The invocation was offered by Mayor Pro-Tern Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held March 27, 1979 were approved as written. Mayor Smoak arrived at this time and assumed the Chair. PUBLIC HEARING City Attorney Baird advised of a Request for Classification of Use by Mr. Dan H. Judy in order to utilize Lots 7, 8, and 9 in City Block 75, A C-2 General Commercial District, for construction of a mini-warehouse; That inasmuch as such use is not specifically designated in the C-2 zoning area, a determination must be made as to whether or not such use would be more detrimental or obnoxious to the district than any of those uses which are specified and permitted. Mr. Judy appeared before Council in support of his request, and advised that the proposed mini-warehouse units were to be of a size to accomodate residential type storage as opposed to larger manufacturing type warehouses that are only permitted in Industrial zones; That all storage would be completely enclosed; and, That he did not feel such facilities would be detrimental to existing facilities in that location. Dr. Thomas Weaver appeared before Council in opposition to the request, opining that guidelines should be established as to what would be allowed to be warehoused in such locations prior to action on such requests, expressing concern as to the storage of flammables, etc. Ms. Bonnie Homan, Librarian, expressed concern as to such proposed facility being conducive to the cultural area of the City immediately adjacent across the street. Motion was made by Mayor Smoak that the matter be tabled until the next regular meeting, and that City Manager Forbes, in conjunction with Mr. Judy, prepare a preliminary set of conditions for Council consideration at that time to include provisions for ingress and egress, general size of the proposed structure and its proposed location on the property, the type of construction materials, proposed landscaping, provision for drainage retention, and a preliminary set of ground rules and regulations that would be required of customers utilizing the facilities. The motion was seconded by Councilman Byrd and unanimously carried. FIRST CHRISTIAN CHURCH CUP CONDITION City Manager Forbes advised of a violation to the CUP as granted for construction of the First Christian Church building, in that the required on-site water retention facility which had been constructed and approved had recently been removed. He further opined that the condition for on-site retention of rainfall to accomodate a 5-year interval was of vital necessity in that particular area due to the direction of the run-off westward to the intersection of Hook Street and Lake Shore Drive, a drainage problem run-off area of the City. Mr. Wayne Sheppard, Board Chairman of the Church, appeared before Council to advise that the loose stone wall had been removed to alleviate difficult lawn maintenance, and they were not aware that it was a required permanent water retention structure. Mr. Sheppard further advised that the grass and sod in the area was well stabilized now, and inquired if that would suffice. It was the suggestion of Mayor Smoak, and Council was in agreement, that City Manager Forbes be requested to investigate the matter further, in cooperation with Mr. Ted Wicks, Director of Lake County Pollution Control, concerning the necessity for having a maintenance retention wall located on the site, and report back to Council at the next regular meeting. e . . e CITY OF CLERMONT MINUTES WATER USAGE City Manager Forbes advised of excessive water usage this date during the peak evening hours resulting in a depletion of the Grand Highway Well storage tank and subsequent low pressure; That inasmuch as this Well serves the City from East Avenue eastward, and the problem should continue, a conservation schedule for irrigating would become necessary. SOUTH LAKE ART LEAGUE City Manager Forbes advised of notice from the South Lake Art League wherein they will be removing their furniture from the Jenkins Auditorium for loan to the Chamber of Commerce. STORM DRAINAGE City Manager Forbes advised of storm sewer work underway, and the near completion of an outlet installation underneath Grand Highway just east of East Avenue, which should alleviate drainage problems now existing in that area. ACTING CITY MANAGER Mayor Smoak expressed the sincere appreciation of Council to Tom Sanchez for the commendable job performed by him as interim City Manager, and thereupon moved that a stipend in the amount of $500 be awarded to him for those extra services. The motion was seconded by Councilman Schroedel and unanimously carried. GREEN SWAMP Mayor Smoak reported on his attendance of a meeting in Tallahassee on March 27th at which time he presented a request to the Natural Resources Committee of the House of Representatives to eliminate and constrict the boundaries of the designated area of critical state concern, commonly known as The Green Swamp, from Highway 561 on the west along Oswalt and Lake Louise Roads to Highway 27 on the east; That the request was rejected by a vote of 10-9, but with the help of Representative Kelly from Tavares, they had been successful in an amendment being passed in the House which mandates the Governor to appoint a study committee that shall directly address themselves to the boundaries of Green Swamp, and the membership to include elected officials from the areas involved. He further advised the Senate will hear the legislation in committee on April 12th, at which time he will present the request to them. COMPREHENSIVE STUDY OF UPPER OKLAWAHA BASIN WATER SHED Mayor Smoak announded there would be an inter-agency study group meeting on Thursday, April 26th at 1:00 P.M. in the Council Chambers to consider the waters of Green Swamp as to quality, quantity, direction of flow, biological aspects, soils, and land uses. SEWAGE TREATMENT OPERATING PERMIT Mayor Smoak advised that he would be meeting with Mr. Bill Bostwick, Director of the Department of Environmental Regulations, in Orlando on Tuesday, April 17th to discuss a compliance schedule to obtain a temporary operating permit for the City's sanitary sewage system, and he strongly urged that other members of Council attempt to attend also. EFFLUENT DISPOSAL Mayor Smoak advised of a suggestion by City Engineer Springstead and Pollution Control Board Director Wicks, in further support of obtaining a temporary operating permit, of moving the input from the sewage treatment plant to a point farthest away from the discharge point. Mayor Smoak further advised of a recent meeting with Engineer Springstead and Dr. John Zoltek regarding preparations necessary for utilizing marshland for effluent disposal following conclusion of the marshland study and its acceptance. He thereupon moved that City Manager Forbes be authorized to engage Springstead & Assoc. Inc. to prepare preliminary plans for moving the input flow from the sewage treatment e . . e CITY OF CLERMONT MINUTES plant to the NW portion of the percolation ponds; That he be authorized to investigate a suitable land site for effluent disposal into the marsh, and to prepare preliminary plans for such disposal; and, That City Manager Forbes be instructed to begin research on preliminary funding methods for construction of the facility. The motion was seconded by Councilman Honey and unanimously carried. SIDEWALK CONSTRUCTION It was the suggestion of Mayor Smoak, and Council was in agreement, that City Manager Forbes be requested to obtain cost estimates for replacing the existing thin asphaltic sidewalk in the vicinity of the recreational facilities at the Elementary School, which is in a bad state of disrepair, with a more permanent one of cement. CARROLL STREET BLOCKADE Councilman Honey advised of complaints received from adjacent property owners to the recreational facilities at the Elementary School to the location of the barricades on Carroll Street which required them to remove the barricades to gain entrance to their homes. City Manager Forbes advised he would take care of the matter, and have signs placed on the barricades designating "DO NOT ENTER-CARROLL STREET RESIDENTS ONLY" which would enable residents to drive through and restrict all others during the hours of play at the softball field. TENNIS COURTS Mayor Smoak advised of deterioration to the tennis court surfaces resulting from non- tennis participants playing on the courts with hard soled shoes, and requested that City Manager Forbes have the appropriate signs installed to restrict the courts to "Tennis Players Only" and "No Hard Soled Shoes". ELEMENTARY SCHOOL SOFTBALL FIELD City Manager Forbes was requested to investigate the possibility of removing the lock barrier to the gate closest to the bleachers at the softball field after the signs have been installed on the barricades in that area. RECREATIONAL FACILITIES Councilman Honey advised of complaints received regarding the majority use of the 12th Street softball facilities on week-ends by out-of-city residents, and inquired if any- thing further had been done regarding charges or restrictions for out-of-city users. Mayor Smoak advised of his desire that this be a priority project of City Manager Forbes, in conjunction with the Recreational Committee to be appointed in the near future, and he requested that City Manager Forbes instigate a preliminary research to determine what recreational facilities are available within the city, who uses those facilities, and who maintains those facilities. Mayor Smoak further advised of his request for a legal opinion from City Attorney Baird regarding restrictions for Jaycee Beach, and he would be calling a work session of Council in the very near future regarding a return of the majority use of Jaycee Beach to city residents. MINNEHAHA LAKEFRONT PROPERTIES Councilman Schroedel inquired of the status of the beach front properties along Lake Shore Drive, and if there would be an increase of taxes when the quit claim deeds are executed by the city. City Attorney Baird advised of his understanding from the Lake County Tax Appraiser that the beach front properties in question, and the construction existing on these properties, were already included in the adjacent property owners appraisals, and, that he hoped to have the Street Closing Ordinance prepared for consideration by Council at the meeting to be held on May 8th, with the subsequent quit claim deeds to be issued after the necessary ordinance has been adopted. e . . e CITY OF CLERMONT MINUTES ANIMAL NUISANCE Councilman Schroedel advised of repeated complaints regarding the nuisance of barking dogs throughout the night, and inquired if something could be done regarding the matter. This matter was referred to City Manager Forbes for investigation and recommendation. JENKINS AUDITORIUM Councilman Schroedel advised of complaints received from members of the Meals-on- Wheels program regarding the deplorable condition they find in the Jenkins Auditorium when they arrive for preparation of meals, and the observation of the lights having been left on all night long. The matter was referred to City Manager Forbes. WATER METER INVESTIGATION Councilman Cole advised of a request received to have the water meter at 1128 Minneola Lake Drive checked for possible malfunction due to billings rendered for what the property owners felt were in excess of actual water used. The matter was referred to City Manager Forbes. ADDITIONAL RECREATIONAL FACILITIES Councilman Cole advised of meeting with Principal Cockcroft regarding possible use of school property on which to construct needed additional recreational facilities in the Lincoln Park area, and he had been favorable to such a project. City Manager Forbes advised that he had inspected the property, and opined that it would be ideal for a new baseball complex. and the addition of tennis or basketball facilities next to the existing single basketball court. Motion was made by Councilman Byrd, seconded by Councilman Honey and carried that City Manager Forbes pursue the matter with obtaining of cost estimates for consideration by Council. Mayor Smoak advised if the cost figures were acceptable by Council, he would then seek the necessary permission for use of the property from the School Board. BOAT DOCK ON LAKE WINONA City Manager Forbes advised of a request by Mr. Terry Brent to assume the lease on the city owned lakefront property immediately adjacent across the street from 625 Lake Shore Drive as he is purchasing the property of Charles B. Jones, the existing Lessee. Mr. John Katron, Realtor, appeared before Council in behalf of Mr. Brent, and advised that he would take the necessary steps immediately upon the sale closing to improve the existing dock on the property that is presently in a state of dangerous disrepair, and inquired of obtaining written specifications as to what is necessary for improvements to be made to conform to city requirements. City Manager Forbes advised that he would forward the necessary specifications as were previously discussed orally with Mr. Brent in a meeting of himself and Building Official Nagel. Motion was made by Councilman Honey, s~~on4ed J~Y CO'l!:J:1_~ilma~._i'-<;h:roe~el and unanimously carried that a new Lease be prepared bet~ee~_th~___G.t~.:l}!(.tJfr.l?_I~I!!:nfo:r'_ the PIoperty; Th?t the requirements be :i.dent_tcal_wit_~.!.h~_J~_a1:;e_ .Cl..El g:r:anted to Mr. Jones and with the following additions: That a performance bond in the amount of $1,000 be posted with the City; That a time limit of 90 days be set for construction improvement of the existing dock, meeting all the criteria as to be outlined in the communication forthcoming from the City Manager; and, That in lieu of the necessary construction being accomplished in the set time frame, the bond would be forfeited and the monies used for removal of the dock from the property. GREENS CAPE PLAN City Manager Forbes advised of a recent meeting of the COMMUNITY APPEARANCE STANDARDS COMMITTEE at which time they recommended that the Clermont Greenscape Guide as prepared by them be formally approved by Council as an official city landscaping guide in order that reproductions might be made available to service clubs and citizens who desire to pursue beautification of the community on a voluntary basis. Motion was made by Mayor Smoak, seconded by Councilman Honey and unanimously carried that the recommendation be accepted and the Guide so approved. e e . e CITY OF CLERMONT MINUTES STATE ROAD 50 LANDSCAPING It was the suggestion of Mayor Smoak, and Council was in agreement, that City Manager Forbes be requested to instigate the necessary preliminaries prior to budget preparation time for the landscaping along State Road 50 through the City, such as the availability of trees for proposed planting, input from businesses along the highway, and necessity of permit and/or approval of DOT to make such plantings. ORDINANCES Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA; ADOPTING THE STATE OF FLORIDA MODEL ENERGY EFFICIENCY BUILDING CODE, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. EXCUSED ABSENCE Pursuant to Section 11 of Article II of the City Charter, Councilman Schroedel requested permission from Council to be excused from Regular Council meetings to be held between April 19th and June 11th in order to utilize a vacation out of country. Motion was made by Councilman Byrd, seconded by Mayor Smoak and carried that the request be granted. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:30 P.M. //jt CLAUDE E. "\ ~f' ~1 ~ $MOAK, JR., -. ayor (n i I) \I /' 11) llJalA,~p.1) lA/i. 0.,tHA' __ DOLORES W. CARROLL - City Clerk