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04-08-1986 Regular Meeting .e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8, 1986 A Regular Meeting of the Clermont City Council was held'Tuesday, March 25, 1986 i~ the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Cole, and Council Member Huff and Council Member Dupee. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Brandt. INVOCATION The, Invocation was given by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Workshop Meeting held March 19, 1986 and the Regular Meeting held March 25, 1986 were approved as presented. REPORTS CITY MANAGER'S REPORT FUNFEST '86 City Manager Saunders introduced Cuqui Whitehead, Chairperson of the Parks and Recreation Board, who gave a synopsis of the events planned for Funfest '86 to be held on Saturday, April 12, 1986. Mrs. Whitehead also asked for volunteers to help with the Clean-Up, Green-Up campaign on Saturday, April 19, 1986. Workers are needed to pick up litter and trash in the City on that day, and will meet at City Hall to begin covering the City. TREATMENT PLANT EXPANSION - REBIDDING OF LIFT STATION #6 City Manager Saunders explained that bids for the construction of the sprayfield and Lift Station #6 had been tentatively approved two months ago. Due to the delay caused by the rebidding of the treatment plant expansion, the low bidder on Lift Station #6 can no longer honor his bid. The low bidder for the construction of the sprayfield will hold to his original quote during the time it takes to rebid the plant expansion. It was further explained that the FmHA will not approve any phase of the project until all three phases of the bidding on the pro- ject were complete, and now the Council will have to authorize the rebidding of Lift Station #6. -Council Member Turville asked if it was not possible to go ahead with the construction of Lift Station #6 using funds already avail- able to the City. City Manager Saunders stated that the City could lose its grant and loan money if something like that was done. 86-06~ MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO REBID LIFT STATION #6. STUDENTS AGAINST DRIVING DRUNK City Manager Saunder~ explained that he had been approached by representatives of Students Against Driving Drunk (SADD) asking permission to use Jaycee Beach for a party on Saturday, April 12, 1986 from 6:30 - 10:00 p.m. Dancing, food, skits and other e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8, 1986 Page -2- entertainment will be provided at the Pavilion for interested students. This event will promote SADD. It was the consensus of Council to approve this request. 911 EMERGENCY NUMBER City Manager Saunders stated that he had received a letter from Joe Stephany, Emergency Management Coordinator for Lake County, stating that a Workshop would be held at 1:30 p.m. on Thursday, April 17, 1986 in the courthouse to discuss implementation of the 911 emergency number for Lake County. All elected officials are invited to attend, along with Emergency Services Directors. LABOR DAY FIREWORKS It was reported that the Clermont Chamber of Commerce was beginning to plan for the annual Labor Day Celebration, and had asked if the City would sponsor the fireworks display again. It was the consensus of Council to make this an agenda item for the next Council Meeting. CHAMBER OF COMMERCE BREAKFAST Council was reminded that the Chamber of Commerce Breakfast would be held at 7:30 p.m. on Friday, April 11, 1986 at the Citrus Tower. LEAGUE OF CITIES DINNER The Council was also reminded of the League of Cities Dinner in Eustis on Wednesday, April 16, 1986. SUMMER SPRINT TRIATHLON City Manager Saunders reported that he had received a letter from Fred Sommer requesting permission to hold a Summer Sprint Triathlon on Sunday, June 29, 1986. Mr. Saunders expressed his concern that during the summer numerous people use the boat ramp, and this could pose a traffic hazard for, the participating triathletes. It was recommended that the boat ramp be closed during the event. Each Council Member was given a letter explai~ing that the event would be sponsored by' Robby Sporting Good Stores with money raised going to the Great Clermont Triathlon. Fred Sommer was present and answered Council questions concerning the event. Much discussion ensued concerning if there was a need to close the boat ramp, the number of participants and the route they would follow, and reimbursement to the City for police officers' pay. Mayor Pool stated he believed the event would be a great benefit to the City and the he was sure any problems could be worked out. Council Member Huff concurred with Mayor Pool. 86-064A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT PERMISSION TO HOLD THE EVENT WITH REIMBURSEMENT TO THE CITY FOR POLICE OFFICERS' PAY. DIRECTOR OF PLANNING City Manager Saunders introduced the new Director of Planning for the City, Mr. Dean Perlick, and his wife Jane to the Council. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8, 1986 Page -3- FINANCE DIRECTOR'S REPORT LIFT STATION In1 Finance Director Van Zile reported that the cost of improvements to Lift Station #21 in the amount of $68,600 would be fully funded with money from the original sprayfield grant. However, additional costs, mainly due to engineering fees of approximately $10,000 are anticipated, and payment will need to be made from the Capital Improvement Fund. 86-065A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO FUND THE ADDITIONAL COSTS FOR LIFT STATION 1121. CONCRETE PICNIC TABLE FOR JENKINS AUDITORIUM It,was reported that the Chamber of Commerce had requested that the City purchase a round cement picnic table with benches for the patio at Jenkins Auditorium. Cost of the table would be $300. Mr. Van Zile stated that if this request was granted, a budget amendment in the amount of $300 would be needed. 86-066A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO AUTHORIZE THE PURCHASE OF THE PICNIC TABLE WITH A BUDGET AMENDMENT TO THE PARKS AND RECREATION CAPITAL OUTLAY ACCOUNT IN THE AMOUNT OF $300. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reminded Council Members of the Library Board Coffee for Council Members and City Officials at 7:00 p.m. on Wednesday, April 9th, the SADD organizational meeting on Thursday, April 10th, and the upcoming hearings before the DER and the County concerning the Minneola Harbor development. COUNCIL MEMBER HUFF'S REPORT LAKE COUNTY FIVE YEAR CAPITAL IMPROVEMENT PROGRAM FOR ROADS It was reported that the City of Groveland had withdrawn from the County road improvement program giving Grand Highway in Clermont first priority to be widened and paved. Construction on this project will begin shortly. HIGHWAY 561 Mr. Huff reported that the County was proposing to reroute Highway 561 to eliminate truck traffic along the northern shore of Lake Minneola. The proposed change would route traffic south on 12th Street to Highway 50, east on Highway 50 and then north on Highway 27. Council Member Huff stated that he would like to send a letter to the Department of Transportation in support of this change. He also stated that he believed the City should assist the County in getting the project completed. 36-067After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO SEND A LETTER TO THE DEPARTMENT OF TRANSPORTATION AND LAKE COUNTY SUPPORT- ING THE REROUTING OF HIGHWAY 561. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8, 1986 Page -4- VISITORS WITH BUSINESS HECTOR FERNANDEZ - VARIANCE REQUEST Mr. Bob Thompson, representing Mr. Hector Fernandez, appeared before Council to request two variances for the property in order to be able to construct an office building. Mr. Thompson requested a variance from the required rear yard of 25' to 17' and from the required side yard of 12' to 8' on the east side. Mr. Thompson stated that Mr. Fernandez would prefer to switch the side yard variance to the west side of the property, and asked if it could be done. Mr. Thompson was told that the requested change would have to be advertised and rescheduled for a later Council Meeting. After dis- cussing the matter with Mr. Fernandez, it was decided to leave the request as originally submitted with the side yard variance on the east 'side. It was pointed out that Mr. Fernandez would also have to obtain a CUP for this property because he wishes to construct a building in excess of 3,000 square feet. The Council concurred that the new site plan for the property was much better than the one submitted earlier by Mr. Thompson. Mayor Pool called for comments from those present in the audience. Mr. and Mrs. Turley who own a home adjacent to the Hernandez prop- erty viewed the proposed site plan, and stated no objections to the proposed project. No one else spoke for or against the request. 86-068After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO GRANT THE REAR YARD VARIANCE FROM 25' TO 17' AND THE EAST SIDE YARD VARIANCE FROM THE RE UIRED 12' TO 8' FOR PROPERTY LOCATED ON THE NORTH SIDE OF HIGH- WAY 0 BETWEEN SEVENTH STREET AND LAKE AVENUE, THE SOUTH 0 OF LOT 17 AND LOTS 18 AND 19, BLOCK 73. RESOLUTION NO. 522 -. CONDITIONAL USE PERMIT FOR JACOB'S CHAPEL BAPTIST CHURCH It was explained that Jacob's Chapel Baptist Church is requesting to expand the existing Church with the addition of a storage room. City Manager Saunders further explained that the new addition would not take away any parking spaces, and was actually an expansion of the request for expansion by the addition of two bathrooms granted February 11, 1986. ' The Planning and Zoning Commission at their meeting held April 1, 1986 unanimously approved the request. Mayor Pool called for comments from those present in the audience. Sed Adams, a member of the church, stated that he hoped the request would be granted. 86-069A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 522 GRANTING A CONDITIONAL USE PERMIT TO JACOB'S CHAPEL BAPTIST CHURCH FOR THE CONSTRUCTION OF A STORAGE ROOM ADDITION TO THE CHURCH LOCATED AT 410 WEST HIGHWAY 50. INTRODUCTION OF ORDINANCE l67-M - REZONING REQUEST City Manager Saunders explained that this request was the same one presented during the January 14, 1986 Council Meeting. The ordinance was not introduced at that time, which effectively denied the request. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8" 1986 Page -5- Mr. Saunders further explained that the City ordinance states that applications which have been denied may not be refiled for a period of one year. However, City Attorney Baird had advised that since the previous request was not introduced or voted on, the owners are not required to wait a year before making another request. Mr. Wilkins appeared before Council to request that Lots 19, 20, 21, 28, 29 and 30 of Hillcrest Subdivision be rezoned from R-l Urban Resi- dential to R-2 Medium Density Residential. He stated that he owned a 2,500 square foot single family home located on lots 19 & 20, and that he would like to make it into a duplex. Presently, the home is rented as a single family home, but due to a negative cash flow, it would be better for him if it could be a duplex. City Manager Saunders explained that directly north of the property in question is a single family home and that Lots 28, 29 and 30 contain a duplex and quadriplex which are non-conforming. Mayor Pool called for comments from those present in the audience. Andy Brophy who owns R-l property across the street from the Wilkens/Milnor property, and Mrs. Marion Turville who owns six lots of R-l property adjacent to the property in question both were opposed to the request. 86-070After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE TO DENY THE REZONING REQUEST. COUNCIL MEMBER TURVILLE ABSTAINED DUE TO A POSSIBLE CONFLICT OF INTEREST. INTRODUCTION OF ORDINANCE 246-C - CITY OF CLERMONT EMPLOYEES PENSION PLAN Finance Director Van Zile explained that Ordinance 246-C would establish a new Defined Contribution Pension Plan for general employees and would amend the old plan for those employees remaining in the old plan. The new plan and all of the changes to the old plan had been discussed previously in workshop meetings. Each Council Member was given a memo which outlined the following changes: ADDITIONAL PLAN BENEFITS: [1] Qualified Voluntary Employees Contribution Account (QVEC) A QVEC is very similar to an Individual Retirement Account. The Trustee establishes and maintains a separate account in the name of each employee who desires to contribute voluntarily. The employee may choose to contribute separately from the City's contribution up to a maximum of $2,000 per calendar year. The employee's QVEC is fully vested and non-forfeitable at all times. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8, 1986 Page -6- The City incurs no significant costs other than the administra- tive costs incurred in transferring employee payroll deductions to the Trustee. CHANGES TO EXISTING PLAN BENEFITS: [1] Death Benefit Section l6-5(f) of Article I provides that the interest of an employee who dies before the normal retirement date will cease and no benefits will be paid to his estate or beneficiary. The proposed change allows for the deceased employee's accrued bene- fits to be paid to his beneficiary. The benefits would be dis- continued at the time of the beneficiary's death. [2] Increase Benefit Accrual Rate Section 16-5 (b) of Article I provides for a monthly normal retire- ment benefit to be equal to one and one-tenth (1.1) percent of the first five hundred fifty dollars ($550) of average monthly earnings, plus two (2) percent of average monthly earnings in excess of five hundred fifty dollars ($550), times years of creditable service. The proposed change provides for a monthly normal retirement benefit to be equal to two (2) percent of the employee's average monthly earnings, times years of creditable service. The increase results in an increased monthly retirement benefit. [3] Restriction of Lump Sum Retirement Distribution Option Section 16-5 (h) of Article I provides for Option 3. Other. This section states that benefits may be paid in any form approved by the Council so long as actuarial equivalence with the benefits otherwise payable is maintained. The proposed change still provides the Coun- cil with options not enumerated in this section. However, it does specifically prohibit "Lump Sum" distributions, with one exception. The exception allows for lump sum distributions when the present value of a retirement annuity is less than $3,500. The new Defined Contribution Plan sets the City's contribution rate at a constant 7%. Finance Director Van Zile pointed out that the new plan and 'the changes to the old plan would give the employees greater benefits and save the City money. J6-071A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 246-C, CITY OF CLERMONT EMPLOYEES PENSION PLAN. DRIVEWAY REPAIRS - FIRST FEDERAL SAVINGS AND LOAN It was explained that several months ago a water main ruptured resulting in extensive damage to the pavement of the rear driveway to the Savings and Loan building. On February 9, 1982, the City granted First Federal a leasehold on the Disston Street right-of-way for the driveway. It was pointed out that the agreement states that First Federal shall construct and maintain the driveway. However, City Attorney Baird advised that the agreement is not clear as to who is responsible for repairs to the pavement for this type of damage. Roy Caldwell, an attorney who has an office in the First Federal Savings and Loan Building, appeared before Council and stated that e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8, 1986 Page -7- because the City dug up eight to ten feet of the driveway, it would only be fair for the City to pay for the repairs. Much discussion ensued concerning the intent of the agreement. Council Member Turville stated that when the agreement was entered into, it was the Council's intent not to be responsible for any repairs to the driveway. He also stated that by allowing First Federal use of the right-of-way, it had kept a driveway from being built on two marketable duplex lots the bank owns. City Manager Saunders stated that the City had obtained one bid of $1,000 (if the City hauls the limerock) to repair the driveway. Mayor Pool stated that he had obtained a price of $450 - $500 for the same work. . \ Council Member Dupee stated that she believed the City should pay for the repairs. Mayor Pool stated that he believed the City should split the costs, and Council Member Turville stated that he believed the City should pay nothing. 86-072A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO DECLINE TO REPAIR THE DRIVEWAY. This motion died for lack of a second. 86-073A MOTION WAS MADE BY COUNCIL MEMBER COLE TO REPAIR THE DRIVEWAY, SINCE THE CITY DUG IT UP. This motion also died for lack of a second. At this point in the meeting, Council Member Dupee stated that she felt the City should do more research on the matter. Council Member Huff stated that he felt the City should bear some of the costs because of the vagueness of the agreement, and that the agreement should be re- drafted. 86-074A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER DUPEE THAT THE CITY PAY ONE-HALF OF THE BILL NOT TO EXCEED $500 AND REDRAFT THE AGREEMENT. Under discussion, it was determined that the cost of repairs might be considerabley less than $500. Council Member Dupee then withdrew her second to the motion and Council Member Huff withdrew the motion. 86-07sA MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY MAYOR POOL THAT THE CITY SPLIT THE COSTS NOT TO EXCEED $250 AND REWRITE THE DRIVEWAY AGREEMENT. Much discussion ensued concerning the safety factors involved in not fixing the driveway, and what should be included in a rewritten agreement with First Federal. 86-076Council Member Huff called for the question, AND THE MOTION FAILED THREE TO TWO WITH COUNCIL MEMBERS TURVILLE, DUPEE AND COLE VOTING IN OPPOSITION. 8.6-077A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND FAILED BY A THREE TO TWO VOTE TO DENY FIRST FEDERAL'S REQUEST TO FIX THE DRIVEWAY AND DIRECT THE BANK TO FIX THE DRIVEWAY PURSUANT TO THE CONTRACT AS SIGNED. MAYOR POOL, AND COUNCIL MEMBERS DUPEE AND COLE VOTED NAY. More discussion ensued and it was suggested that the City repair the driveway and bill First Federal for the repairs. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8, 1986 Page -8- Council Member Huff stated that the City must address the hazard and resolve the problem tonight., Council Member Turville then explained in detail the intent of the agreement. 86-078A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER TUVILLE VOTING NAY, TO SPLIT THE COST OF REPAIRING THE DRIVEWAY PAYING THE LESSER OF $500 OR ONE-HALF THE COST FOR THE REPAIR, AND THAT THE AGREEMENT WITH FIRST FEDERAL SAVINGS AND LOAN BE REWRITTEN. 86-079A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED THAT THE CITY WILL GIVE FIRST FEDERAL SAVINGS AND LOAN 180 DAYS NOTICE TOMORROW MORNING TO CANCEL AGREEMENT WITH CITY ATTORNEY BAIRD TO WRITE A NEW SPECIFIC AGREEMENT. THE CITY WILL EITHER BID OUT THE REPAIRS OR FIX THE DRIVEWAY ITSELF, AND SEND FIRST FEDERAL SAVISINGS AND LOAN A BILL FOR ONE-HALF THE COST. JAYCEE BEACH IMPROVEMENTS City Manager Saunders explained that the City has been experiencing a severe erosion problem at Jaycee Beach adjacent to the pavilion. For over a year, the City has been attempting to obtain the required permits required permits to re-establish the shoreline with fill and a tri-lock erosion system, but the Department of Natural Resources will not give approval for the work. The alternative for the City is to construct a seawall at or above the mean high water mark. City Engineer Springstead has advised that this would be a more permanent solution and recommends this alternative. Approximate cost for the project is estimated at between $5,000 and $6,000 for an aluminum structure with a concrete cap which would extend 30' on both ends of the pavilion and have an overall length of 120'. 86-080A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED THAT THE CITY ADVERTISE BIDS FOR THIS PROJECT. RECLAIMITE PROJECT City Manager Saunders stated that he would like authorization to advertise for bids for the Reclaimite Project as discussed during March 19, 1986 Workshop. Approximately one-fifth of the City streets would be completed this year at an estimated cost of $36,000. 36-081,A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED THAT THE CITY ADVERTISE BIDS FOR THE RECLAIMITE PROJECT. JAYCEE BEACH HOUSE City Manager Saunders stated that he had forgotten to mention under his report that no one had bid on running the Jaycee Beach House Concession, and asked for Council direction. It was the consensus of Council to make this an agenda item for the next Council Meeting. PUBLIC DISCUSSION Cuqui Whitehead asked of the status of signs for the elementary school. City Manager Saunders stated that they had been ordered and would be installed when received. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 8, 1986 Page -9- Cecil Smart asked the Council's opinion of the Senator Langley's proposed bill limit bass tournaments in the State. City Attorney Baird stated that the City would review and comment on the bill at the appropriate time. Mr. Smart also stated that Highway 50 was in need of repair in numerous places. There being no further business or discussion, the meeting adjourned at 9:55 p.m. &: 4'?!~ o ert A. Poo , Mayor Attest: