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05-23-1989 Regular Meeting -.".. ,. e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, 1989 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, May 23, 1989 in the Council Chambers. The meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tern Turville and Council Member Norquist. Excused absences: Council Members Cole and Dupee. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered 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 May 4, 1989 and the Regular Meeting held May 9, 1989 were approved as presented. REPORTS CITY MANAGER SAUNDERS. REPORT TWELFTH STREET PARK It was reported that the City had received the second grant applied for from the State in the amount of $50,000 for acquisition of the parcel adjacent to the proposed Twelfth Street Park. It was explained that this is a matching grant and was ranked #1. YMCA SUMMER PROGRAM It was reported that the City had received correspondence from the YMCA requesting a special rate of twenty-five dollars per week for use of the Highlander Hut for their summer day camp program. The program will begin when school gets out and last for ten weeks. The YMCA ran the same program last year and in lieu of rent paid the electrical bill for use of the building. 89-070 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO APPROVE THE YMCA. S USE OF THE HIGHLANDER HUT FOR TEN WEEKS AT THE REDUCED RATE OF $25 PER WEEK. BID AWARDS CEMETERY IRRIGATION SYSTEM It was explained that the City had received four bids for the irrigation system in the new part of Oakhill Cemetery as follows: 'e e' CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, 1989 Page -2- Bob Tracy Irrigation Sunbelt Irrigation B & C Pipe Florida Landcrafters $2,750.00 $2,600.00 $1,860.00 $2,398.00 However, the low bidder, B & C Pipe, did not give complete coverage whereas, the other bidders did meet this requirement. For this reason it was recommended that the second low bid of Florida Landcrafters in the amount of $2,398 be accepted. 89-071 After a brief discussion of the bid requirements, A MOTION WAS MADE .BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT THE SECOND LOW BID OF FLORIDA LANDCRAFTERS IN THE AMOUNT OF $2,398 FOR THE CEMETERY IRRIGATION SYSTEM. JANITORIAL SERVICE CONTRACT BID It was reported that the City had received the following four bids to provide janitorial service for all city-owned buildings: West Orange Quality Cleaning Super Scrub Cox's Cleaning $47,946.12 per year $31,260.00 per year $22,620.00 per year $15,300.00 per year Since these bid were received, City Manager Saunders stated that he had been contacted by Cox's Cleaning and they wished to withdraw their bid. It was then recommended that the City accept the next lowest bid of Super Scrub in the amount of $22,620.00. The company operates out of Bushnell and comes highly recommended. Some discussion ensued concerning if it would be more cost effective to do the work in house, and it was pointed out that the estimated costs for doing the work in house exceeded those of Super Scrub. 89-072 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO ACCEPT THE BID OF SUPER SCRUB IN THE AMOUNT OF $22,620 PER YEAR FOR JANITORIAL SERVICES TO CLEAN ALL CITY-OWNED BUILDINGS. WORKSHOP MEETING City Manager Saunders stated that tentatively he would like to hold a workshop on Tuesday, May 30, 1989 at 6:00 p.m. to review the hospital's Conditional Use Permit request. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, '1989 Page -3- MAYOR POOL' S REPORT Mayor Pool stated that he did not have a report as such, but that if there were no Council objections, he would be sending a letter supporting the appropriation of monies for the proposed Public Safety Complex to be located in Lake County to Governor Martinez. There were no Council objections. CHAMBER OF COMMERCE LABOR DAY CELEBRATION Bobby Duncan, President of the Clermont Chamber of Commerce, appeared before Council to request permission for A & E Entertainment to set up on August 29, 1989 and run their carnival from Friday through Monday of the Labor Day holiday. Mr. Duncan further explained that the Chamber would earn 20% from the concessions and that the money earned last year provided several scholarships for local students. Last year the company was not allowed to operate games of skill, and City Manager Saunders questioned what their plans were for this year. Mr. Duncan stated that they would like to have them, but that this could be addressed at a later date. The early set up date was the most important factor in bringing A & E Entertainment to Clermont for the Labor Day Activities and they needed to know as soon as possible in order to ensure a booking for that weekend. It was pointed out that there would be no parking and living in travel trailers at the beach area while the carnival was setting up or while it was in operation. Mr. Duncan stated that there would be only one security trailer on site. 89-073 After a brief discussion of last year's Labor Day Celebration, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ALLOW A & E ENTERTAINMENT TO SET UP ON TUESDAY, AUGUST 29, 1989 AND TO OPERATE FRIDAY THROUGH MONDAY OF LABOR DAY WEEKEND. MARTHA LEWIS - VARIANCE TO THE SUBDIVISION ORDINANCE It was reported that it had been requested that this item on the agenda be placed at the end of the agenda items, and Mayor Pool stated that this item would be discussed last. RESOLUTION 616 - DAVID FOJO REQUEST FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT OF A TRIPLEX AND DUPLEX It was explained that this item had been heard at the May 9, 1989 Council Meeting, and at that time Council directed Mr. Fojo to come back before Council to resubmit his site plan meeting all setback requirements. 'e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, 1989 Page -4- Previously, Mr. Fojo had requested a rear yard variance to 14 feet from the required 25 feet for placement of the duplex on the property. Mr. Fojo was present to answer any questions the Council might have concerning the new site plan which met all setback requirements. Mayor 'Pool called for comments from those present, and Warnie Fowler, who lives at 470 DeSoto Street, stated that he was opposed to the density of the project and objected to the placement of a duplex and triplex on the property. Nilsa Whitehead, who also lives near the project, stated that she did not oppose the project and thanked Mr. Fojo for the concern he has shown for the neighbors. Some discussion ensued concerning water retention, the trees on the site, the placement of the driveway and the beach area. It was pointed out that Mr. Fojo could have built two duplexes on the site without coming before Council and they could have been constructed closer to the water's edge than the present buildings which will be located 70' from the water. It was also reiterated that Mr. Fojo's project meets all density requirements of the City. Council Member Turville questioned the triplex and asked if a three story building on that site was out of character with the existing neighborhood. Mr. Fojo stated that from the street it looked like a normal one and one-half story building, but from the lake you could see the three stories. 89-074 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #616 AS PRESENTED GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A TRIPLEX AND DUPLEX ON PROPERTY LOCATED ON A PORTION OF LOTS 1, 2 AND 3, BLOCK 47, LOCATED SOUTH OF DESOTO STREET AND WEST OF CRYSTAL LAKE. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 259-C - PROVIDING FOR THE REGULATION OF PRIVATELY OWNED BURGLAR AND FIRE ALARM SYSTEMS City Manager Saunders explained that this ordinance would provide for the regUlation of privately owned burglar and fire alarm systems, and that under the ordinance a business or home with a private alarm system would be allowed three false alarms within a calendar quarter without the imposition of a fine. It was pointed out that there were exceptions that would not be charged a fine, such as a newly installed systems or acts of God. 'e 'e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, 1989 Page -5- Mr. Saunders further stated that in one six weeks period the City had answered twenty-eight false alarms, and that the ordinance was designed to fine those people who fail to maintain their systems. Mayor Pool called for comments from those present. Cecil Smart, who was present in the audience, asked who drafted the ordinance and on what information it was based. City Manager Saunders stated that he had drafted the ordinance taking information from other cities' ordinances and from information obtained from MIS (Municipal Information Systems) Reports which come fram the International City Managers Association. 89-075 After a brief discussion of the ordinance, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 259-C PROVIDING FOR THE REGULATION OF PRIVATELY OWNED BURGLAR AND FIRE ALARM SYSTEMS. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #617 - ESTABLISHING FEES FOR MULTIPLE FALSE FIRE AND BURGLAR ALARMS It was explained that this Resolution would set fees for those people who fail to maintain their systems and experience multiple false alarms in excess of three per calendar quarter. The fee will be $30 for each false burglar alarm and $100 for each false fire alarm in excess of three per calendar quarter. 89-076 After a brief discussion of the fees, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #617 ESTABLISHING FEES FOR MULTIPLE FALSE FIRE AND BURGLAR ALARMS AS AUTHORIZED IN ORDINANCE 259-C. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODUCTION OF ORDINANCE 260-C - AMENDING THE ZONING REGULATIONS OF THE CITY OF CLERMONT It was explained that this ordinance would amend different sections of the Ci ty' s Zoning Ordinance, and that each of the proposed amendments included in the ordinance had been discussed at a previous Council Workshop. The ordinance was then read by title only by Mayor Pool, and it was explained that the final hearing and public discussion of the proposed amendments would take place during the June 27, 1989 Council Meeting. 89-077 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER NORQUIST TO INTRODUCE ORDINANCE 260-C AMENDING THE CITY1S ZONING ORDINANCE. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, 1989 Page -6- COMMERCIAL GARBAGE FRANCHISES City Manager Saunders explained that during the April 25, 1989 Council Meeting, the Council transferred an existing franchise agreement (Ordinance 188-M) from Commercial Refuse, Inc. to Town and Country Refuse, Inc. However, since that time, due to miscommunica tion between the two carriers and the City, it has been determined that Commercial Refuse, Inc. still wishes to operate within the city limits by serving the construction industry with roll-off containers and that Town and Country Refuse, Inc. has purchased and wishes to operate the front end loader operations previously owned by Commercial Refuse, Inc. within the city limits. It was further explained that Commercial Refuse, Inc. wished to have their franchise agreement reinstated under Ordinance 188-M. Mayor Pool called for comments and no one spoke in opposition to the request. 89-078 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO REINSTATE COMMERCIAL REFUSE, INC.'S GARBAGE FRANCHISE AGREEMENT CONTAINED IN ORDINANCE 188-M. Mr. Saunders continued by stating that Town and Country Refuse, Inc. wished to operate within the city limits and that Ordinance 206-M would grant them the required franchise. The ordinance would be introduced tonight and the final hearing would take place in thirty days. 89-079 A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST AND SECONDED BY COUNCIL MEMBER TURVILLE TO INTRODUCE ORDINANCE 206-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. RENEWAL OF CITY HEALTH INSURANCE Finance Director Van Zile stated that one and one-half months ago the City had received notice that it's Health Insurance premiums with Metropolitan would be increasing 96.5% due to increased medical costs and high claims experienced by the City over the past year. Mr. Van Zile continued by stating that when the City was notified, he contacted our agent, Bob Smith of Allied Insurance, to look into other coverage. Mr. Van Zile then introduced Mr. Smith who explained that when he was contacted by Mr. Van Zile, he began calling other insurance companies about better rates. Mr. Smith stated that he had contacted between 37 and 41 different companies, none of which would take our group Health and Dental Insurance. Mr. Smith further explained that he had been working with Metropolitan and. had come up with an alternative Health Insurance o e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, 1989 Page -7- Plan which would represent a 65% premium increase as opposed to the original 96.5% increase to keep the exact same coverage presently offered. However, the alternative coverage is not the same as the old plan and reflects a change in the deductibles and out of pocket costs as follows: the per person per year deductible has increased from $100 to $150 per year, the per family deductible has increased from $200 to $450 per year, and an in-hospital deductible of $150 per admission not previously charged will be included. The out of pocket expenses per person have also increased from $500 to $1,000 per year. For an employee the monthly premium will be $119 and for dependent coverage it will cost $218.46. Dental Insurance will be $14.42 for employee coverage and $26.39 per month for dependent coverage. Mr. Smith stated that he hoped this would be a short term situation, but that the City had to meet the June 1, 1989 deadline for policy renewal. Some changes in the membership of the group and a possible wellness program for City Employees leading to a reduction in claims should lead to lower rates for the City. 89-080 After some further discussion of the situation, A MOTION WAS MADE BY COUNCIL MEMBER TORVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO ADOPT THE ALTERNATE PLAN OFFERED BY METROPOLITAN LIFE INSURANCE COMPANY REFLECTING A 65% PREMIUM INCREASE. MARTHA LOOMIS - REQUEST FOR A VARIANCE TO THE SUBDIVISION ORDINANCE TO ALLOW A DEAD END STREET WHERE A CUL-DE-SAC IS REQUIRED FOR DIVISION STREET, EAST OF HIGHWAY 27 Bob Thompson appeared before Council to speak on behalf of Mrs. Loomis who was also present to request a variance to the Subdivision Ordinance to allow a dead end street instead of the required cul-de-sac for that portion of Division Street lying east of U. S. 27. City Manager Saunders explained that Staff is recommending approval of the request because it would place an undue financial burden on Mrs. Loomis to be required to construct a cul-de-sac, when it is felt, at some point in time, the road will be continued to the east. Staff is recommending that a DOT approved barrier be placed at the end of the road. Mayor Pool called for comments from those present and no one spoke in opposition to the request. 89-081 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE REQUEST ALLOWING DIVISION STREET TO BE A DEAD END STREET WITH A BARRICADE TO BE PLACED AT THE EASTERN LIMITS OF THE PROPERTY. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, 1989 Page -8- In another matter concerning the Thompson/Loamis project, Mr. Thompson then asked what was being done concerning the curbing the City is requiring for the upper portion of the road. Mr. Thompson continued by stating that he was under the impression that he did not have to put curb at the top of the road because the road fell under the 1% grade requirement and that he had placed swales on the upper portion to handle the runoff. Bubba Green, who constructed the road and was present in the audience, stated that the swales were constructed on City right- of-way and that the road falls 4" in 100' and that they (the swales) met all City of Clermont requirements. City Manager Saunders then stated that the backside of the berm on the swales was not buil t in the right-of-way. As background on this proj ect, Mr. Saunders went on to explain that the street, is divided by the city limits of Clermont and Minneola, with the south half of the street being in Clermont, and the street was built without city approval. The City never had the opportunity to review construction plans or perform any of the required testing of sub-bases or construction of the road. The developers ignored two stop work orders on the project while it was under construction. Since that time the project has been completed, and the City Staff has had several meetings with Mr. Thompson, Mrs. Loamis and Florida Department of Transportation Engineer, George Merrick, regarding the handling of stormwater on the project. In spite of all of these meetings, the developer's engineer still has not demonstrated the ability to construct or maintain a swale system within the right-of-way that would handle the stormwater runoff from the road. Consequently, City Engineer Springstead has recommended that the only solution to handling the runoff, without the acquisition of additional right-of-way or without a maintenance agreement granted by the adjacent property owner, would be to curb and gutter the south side of the street, which is what,the City is requiring in order to bring the water into the existing retention area. Since Mr. Thompson has been unable to obtain an easement from the adjacent property owner, Mr. Adams, the City is standing by the curb and gutter requirement. At this point, City Manager Saunders re-emphasized the fact that at no time did the City get to review the proposed road construction plans. If it had, the road would not have been constructed and this problem would not have arisen. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 23, 1989 Page -9- After some further discussion of the problem, City Attorney Baird advised that this was a matter to go before the zoning Board of Adjustment at a date to be determined. The City Council will sit as the Zoning Board of Adjustment to hear this matter. Mr. Saunders stated that he would notify the parties of the hearing. PUBLIC COMMENTS Martin Wright appeared before Council stating that he had still received no satisfaction in the matter which occurred three months ago. City Attorney Baird stated that in light of the findings in the case, the next step would be for Mr. Wright to file a lawsuit against the City to recover the property in question. A gentleman from Gator Fireworks appeared before Council to request permission to sell fireworks under a tent for more than three days. He was advised that this request would have to be an agenda item, and it would be placed on the agenda of the next Council Meeting. There being no further adjourned at 9:30 p.m. business or discussion, the meeting $~~ Robert A. Pool, Mayor .' Attest: ~ E. (L(;k P. s E. Van Zil , City Clerk