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03-22-1983 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR MEETING March 22, 1983 AND TURVILLE, AYE; AND MAYOR BEALS, 'AYE. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE 231-C - AMENDING CHAPTER 12, LICENSING Mayor Beals explained that this Ordinance revises the City Codes on licensing by changing the licensing, penalty, and exemption provisions to comply with State Statutes. The procedures to revoke a license are clarified and Section 12-11 has been added to define City procedures for licensing itinerant vendors and peddlers. Mayor Beals then asked for public discussion of this proposed Ordinance, and no one spoke in 83-050 favor or ,against it. After some Council discussion, A MOTION WAS MADE BY COUNCIL, MEMBER. POOL, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 231-C WHICH AMENDS CHAPTER 12, LICENSING. VOTING WAS AS' FOLLOWS: COUNCIL MEMBERS TURVILLE, DUPEE, AND POOL, AYE;. AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. CONTINUATION OF EPA 201 FUNDING FOR TREATMENT PLANT EXPANSION A~ this point in the meeting, Mr. Sampson reappea~ed before the Council and stated that Mr.. Springstead had suggested a meeting tomorrow night (March 23, 1983) at 6:00 p.m. to discuss the items to be put in the Engineering Contract for the 201 Study. This date proved to be incon- venient, and it was decided to hold a Special Meeting on Tuesday, March 29th at 6:00 p.m. to further discuss the contract wording. It was the consensus of the Council to allow Springstead's to begin work on the 201 Study immediately and that no amendments to the motion were needed. The motion was restated, A MOTION WAS MADE BY COUNCIL MEMBER DUPPE, SECONDED BY COUNCIL MEMBER POOL AND .UNANIMOUSLY CARRIED TO HAVE SPRING- STEAD AND ASSOCIATES PROCEED WITH THE 201 STUDY AT A COST OF~$82:S5~'~ TO BE PAID-FROM-THE CAPITAL IMPROVEMENT FUND. NEW BUSINESS VARIANCE WITH LAKE COUNTY POLLUTION CONTROL BOARD It was explained that this Variance with the Lake County Pollution Control Board would extend our present variance with the Board another year and continue to exempt us from the zero discharge regulation, with the stipulation that our landspreading improvements be completed by 83-051 December 15, 1983. After some discussion, A MOT I Ot\I WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ALLOW CITY MANAGER FORBES TO EXECUTE THIS DOCUMENT WITH THE LAKE COUNTY POLLUTION CONTROL BOARD. RESOLUTION NO. 421 - TRAVEL POLICY It was explained that Resolution No. 421 would set a firm policy on traveling expenses for City Employees and the City Council, and was based on State Statutes covering travel expenses. Mayor Beals then read the Resolution in its entirety. After some discussion, Finance Director Saunders recommended that the sentence concerning travel by a privately owned vehicle be changed from ..."at a fixed rate of 20<: per mile" to "at the current rate as established by the State of Florida". This wording change was necessary because the fixed rate 83-052 mileage figure changes frequently. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED.BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 421 WHICH REGULATES TRAVEL EXPENSES WITH THE FOLLOWING CHANGE: FROM "AT A FIXED RATE OF 20<: PER MILE" TO AT THE CURRENT RATE AS ESTABLISHED BY THE STATE OF FLORIDA". THE VOTING WAS AS FOLLOWS: COUNCIL MEMBERS DUPEE, POOL AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ IN ITS ENTIRETY. e CITY OF CLERMONT e MINUTES REGULAR MEETING March 22, 1983 Mayor B.eals explained that this Ordinance amends Chapter 19 on Streets and Sidewalks to include a section on the acceptance of roads into the City Road System and clarifies City Policy on existing deeded rights- of-way with unopened roads by stating that such roads will only be accepted after they are improved according to the City Subdivision Standards and at the owner's expense. Mayor Beals opened the floor for public discussion, and no one spoke for or against the proposed Ordi- 83-045nance. After some Council discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 226-C WHICH AMENDS CHAPTER 19, STREETS AND SIDEWALKS. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, DUPEE, AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE 227-C - AMENDING CHAPTER 1, GENERAL PROVISIONS Mayor Beals explained that this Ordinance amends Chapter 1 on General provisions by changing the definition of "computation of time" to con- form with the Florida Rules on Civil Procedure, and revises Section 1-8., General Penalty by deleting references to municipal courts and includes language and fines which are consistent with code enforcement legislation. Mayor Beals opened the floor for public discussion, and no one spoke for 83-046 or against the proposed Ordinance. After some C9uncil discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER POOL. AND UNAN.IMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 227-C WHICH AMENDS CHAPTER ONE, GENERAL PROVISIONS. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, DUPEE, AND POOL, AYE; AND MAYOR BEALS, AYE. THE ORDI- NANCE. WAS READ BY TITLE ONLY. ORDINANCE 228-C - AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES Mayor Beals explained that this Ordinance proposes three amendments to Chapter Three. It repeals Section 3-1 of the present code because a license tax on alcoholic beverages is prohibited by State Law. Sections 3-2 and 3-3 are updated by making the proper references to State Statutes. Mayor Beals opened the floor for public discussion, and no one spoke for 83-047 or against the proposed Ordinance. After some Council discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TUR- VILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 228-C WHICH AMENDS CHAPTER THREE, ALCOHOLIC BEVERAGES. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, DUPEE, AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE 229-C - AMENDING CHAPTER 4, ANIMALS AND FOWL Mayor Heals explained that in this Ordinance several sections are being revised or deleted. Sections 4-1 and 4-2 are amended to update proce- dures for trapping and shooting of birds and game. Obsolete sections regarding the redemption and sale of fowl and animals have been repealed. Mayor Beals asked for public discussion, and no one spoke for or against the proposed Ordinance. Council Member Pool stated that the Ordinance 83-048 would not permit the shooting of squirrels. After some discussion, ~ MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TUR- VILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 229-C WHICH AMENDS CHAPTER 4, ANIMALS AND FOWL. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, DUPEE, AND TURVILLE, AYE; AND MAYOR BEALS, AYE. THE ORDI- NANCE WAS READ BY TITLE ONLY. ORDINANCE 230-C - AMENDING CHAPTER 24, TRAILER AND TRAILER CAMPS Mayor Beals explained that this Ordinance amends Chapter 24 by removing references to municipal courts. Mayor Beals then asked for public dis- cussion of this Ordinance, and no one spoke in favor or against the pro- 83-049 posed Ordinance. After some Council discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLLE AND UNANIMOUSLY CARRIED TO ADOPT ORDINANCE 230-C WHICH AMENDS CHAPTER 24, TRAILER AND TRAILER CAMPS. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, DUPEE AND e CITY OF CLERMONT e MINUTES REGULAR MEETING March 22, 1983 IMPROVE~ffiNT FUND. Under further discussion, Council Member Turville stated that $82,500 was a great deal of money to spend on a study if the July 1st deadline could not be met, and asked if some type of binder could be put in an agreement with Springstead to complete the study by the deadline. Daily penalty fees and bonus clauses were also discussed. City Manager Forbes stated that an Engineering Agree- ment would be needed for this study containing appropriate terminology. AT THIS TIME, THE MOTION WAS TABLED PENDING THE OUTCOME OF A TELEPHONE CALL BY MR. SAMPSON TO MR. SPRINGSTEAD. VARIANCE REQUEST - DON HUNTINGTON 569 EAST MINNEHAHA AVENUE Mayor Beals explained that Mr. Don Huntington was requesting a variance of setback requirements to allow a garage to be built 22' from the rear property line, whereas 25 feet are required. The variance was needed to save a large productive fruit tree in the yard. Mayor Beals then asked those present in the audience if there were any objections to this re- quest. No one spoke in favor or against the request. Council Member Pool stated that he also favored not destroying trees whenever possible, however, by changing the dimensions of the garage by 3' no variance was needed. Council ~~mbers Pool and Turville, and Mayor Beals agreed that Mr. Huntington could not prove a hardship in this particular case; and 83-{)42 A MOTION WAS MADE BY COUNCIL MEMBER POOL., SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO DENY MR. HUNTINGTON'S REQUEST FOR A REAR YARD SETBACK VARIANCE. OLD BUSINESS ORDINANCE 150-M, REZONING OF LOTS 11,12,13,18,19, and 20 OF BLOCK Q CITY OF CLERMONT LETTERED BLOCKS Mayor Beals explained that this Ordinance would rezone the above de- scribed property from an R-2 Medium Density Classification to an R-3 Residential/Professional Zoning Classification which would allow mul- tiple family dwellings. Mayor Beals opened the floor to the public for discussion of the rezoning and no one spoke for or against it. Council Member Turville asked City Manager Forbes if this rezoning would fit the City's Comprehensive Plan, and Mr. Forbes stated that the Planning and Zoning Commission had determined that the rezoning was in conformance with the Comprehensive Plan. After some discussion, 83-043 AMOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 150-M REZONING LOTS 11,12,13,18,19, and 20 OF BLOCK Q CITY OF CLERMONT LETTERED BLOCKS FROM AN R-2 MEDIUM DENSITY ZONING CLASSIFICATION TO R-3 RESIDEN- TIAL/PROFESSIONAL ZONING CLASSIFICATION TO ALLOW THE CONSTRUCTION OF TWO TRIPLEXES ON THE SITE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS DUPEE, POOL, AND TURVILLE, AYE; AND MAYOR BEALS, AYE. COUNCIL MEMBER COLE WAS ABSENT. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE 151-M ABANDONING A PORTION OF BROOME STREET Mayor Beals explained that this Ordinance would abandon a portion of Broome Street bounded on the west by the northerly extension of the west line of Lot 13, Block Q and bounded on the east by the northerly extension of the east line of Lot 11, Block Q. Mr. Hubbard requested this street closing to allow access off Highland Street for his pro- posed six units. City Manager Forbes explained that the City was re- taining a utility easement over a portion of the area and that Mr. Hub- bard could not build on it. Mayor Beals opened the floor to the public for discussion, and no one spoke for or against the proposed street 83-044 closing. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ABANDON THAT PORTION OF BROOME STREET BOUNDED ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 13, BLOCK Q AND BOUNDED ON THE EAST BY THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 11, BLOCK Q. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, DUPEE, AND POOL, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE 226-C - AMENDING CHAPTER 19, STREETS AND SIDEWALKS e CITY OF CLERMONT e MINUTES REGULAR MEETING March 22, 1983 the intersection of Highway 27 and Hook Street, and asked if any- thing could be done about what appears to be a hazardous situation. City Manager Forbes stated that he had researched the accident re- ports for this intersection, and that seven accidents had occurred during the past two years. It appears, from the reports, that most of the accidents were caused by drivers pulling out onto Highway 27 from Hook Street to go left as they were trying to cross the High- way. Mr. Forbes further stated that he was contacting the DOT to ask_. for their help in researching this intersection to see what could be done to make it less hazardous. BREAKING AND ENTERINGS - SHADY NOOK AREA Council Member Turville stated that he had received several inquiries about what could be done to stop the burglaries in the Shady Nook area. City Manager Fo~bes stated that there had been thirty breaking and enterings this year, and that in thirteen cases nothing had been 'taken. The Police Department had been working very hard to start Crime Watch Programs in various neighborhoods which will greatly assist the Police Department when fully implemented. VISITORS WITH BUSINESS CITY ENGINEER - BID AWARD FOR LANDSPREADING PROJECT Mr. Bud Sampson, Engineer with Springstead and Associates, appeared before the Council to report on the low bidder for the Effluent Dis- posal Project. Russell Daniel Irrigation Company was the low bidder for the project at $479,928.83. Mr. Sampson reported that he had checked with several engineers on projects approximately the same size as ours and they all recommended Russell Daniel Irrigation Com- pany as a reliable contractor. Springstead and Associates recommended the award of the contract to Russell Daniel Irrigation Company for the 83-040 sum..... of $479,928.83. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANI- MOUSLY CARRIED TO AWARD THE BID FOR EFFLUENT DISPOSAL PROJECT (LAND- SPREADING PROJECT) OF $479,928.83 TO RUSSELL DANIEL IRRIGATION COMPANY, LTD. SUBJECT TO FmHA APPROVAL. EPA 201 FUNDING FOR TREATMENT PLANT EXPANSION 83- 041 It was reported that the State Department of Environmental Regulation is now implementing the Federal Environmental Protection Agency's 201 Funding for wastewater treatment projects. The City of Clermont may be eligible for funds to expand the treatment plant this year if cer- tain criteria can be met. Construction grant funds may be available for our project during this fiscal year, and the DER is recommending the elevation of our project to the fundable portion of the priority list in April. However, to be eligible for the funds, the City must submit a 201 Plan Preparation by July 1, 1983. Mr. Sampson reported that the cost to prepare a 201 Plan would be $82,500, and that Spring- stead and Associates were very sure that they could meet this deadline if preparation could begin within the next week. The preliminary cost estimate to expand the capacity of the treatment plant to .99 million gallons per day is 1.214 million dollars, and if the City can obtain the grant, the government will pay 55% plus an allowance for innova- tive design to a maximum possible grant of 75% of the cost. Much dis- cussion ensued regarding if the .pluses of obtaining the grant outweighed the minuses. Council Members Pool and Turville questioned rate setting by the government as a prerequisite for the grant, and believed that the rates could be higher than necessary. It was also discussed that the alternative would be for the City to finance the project itself, which would also mean rate increases. City Manager Forbes explained that the area to be serviced by the 201 Plan was being changed to include the corporate city limits and the areas of possible annexation for the next twenty years. Previously the service area encompassed about fifty square miles, including Montverde to the east and LCI to the north. After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER POOL' TO HAVE SPRINGSTEAD AND ASSOCIATES PRO":'" CEED WITH THE 201 STUDY AT A COST OF $82,500 TO BE PAID FROM THt; CAPITAI:. . CITY OF CLERMONT e MINUTES REGULAR MEETING March 22, 1983 A Regular Meeting of the City Council of the City of Clermont was held March 22, 1983 in the City Council Chambers. The Meeting was called to order by Mayor Beals at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tern Pool, Ann Dupee, and Hal Turville. Council Member Cole was absent due to the flu. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. The Invocation was offered by Mayor Pro Tem Pool, followed by the repeating of the Pledge of Allegiance by all present. MINUTES The Minutes of the Regular Meeting held March 8, 1983 and the Work- shop Meeting held March 15, 1983 were approved as presented. CITY MANAGER'S REPORT SCULLING REGATTA - JAYCEE BEACH, MARCH 26TH, 1983 It was reported that the Sculling Regatta would be held on Saturday as planned, with 500 participants from schools nationwide." Mr. Bill Ray who is coordinating the event with the Florida Athletic Club has requested permission to sell refreshments during the regatta, and also stated that he felt the facilities availabe at the beach would be adequate. After some discussion, it was the consensus of the Council to allow Mr. Ray to sell refreshments with the understanding that he must clean up any litter caused by the sales. WORKSHOP MEETING City Manager Forbes stated that he felt the March 15th Workshop was very beneficial and that if there were no Council objections, the next Workshop would be April 19th. Council Member Turville stated that he would be on vacation that week, and it was the consensus of the Council to hold the next Workshop Meeting on April 5th at 7:00p.m. APPRAISAL OF PROPERTY. FORLANDSPREADING PROJECT City Manager Forbes stated that if there were no Council objections, he would hire an MAl designated appraiser to appraise the City's landspreading project property. The MAl designation is required by FmHA. After some discussion, it was the consensus of the Council to allow Mr. Forbes to hire an MAl for the appraisal. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY Council Member Dupee asked if there were any questions on the Minutes and Financial Report for the library which were given to the Council. Council Member Turville asked if it would be possible for the Library Board to give the Council figures reflecting the percent of increase of revenue (excluding the $10,000 start up money) versus the percent ~f increase in non-resident usage. Mrs. Dupee stated that she would see if these figures were available and report back to the Council. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Council Member Dupee gave a brief report on last Friday's Chamber Luncheon at which Sandra Glenn, ECFEPC Chairman, was guest speaker. COUNCIL MEMBER TURVILLE' S REPORT HIGHWAY 27 & HOOK STREET INTERSECTION Council Member Turville stated that he was concerned regarding e CITY OF CLERMONT e MINUTES REGULAR MEETING March 22,1983 RESOLUTION NO. 422 - FmHA LOAN AUTHORIZATION It was explained that this Resolution was necessary to close on the City's Landspreading Project. The City will be obtaining a $700,ODO loan and a $500,000 grant for this project. After some discussion,' 83-053 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL' MEMBER DUPEE AND UNANIMOUSLY CARRIED BY. ROLL CALL VOTE TO ADOPT RESO- LUTION NO'., 422 FmHA LOAN AUTHORIZATION FOR THE CITY'S LANDSPREADIN'G PROJECT. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, DUPEE, AND POOL, - AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. COMMENTS Mr. Arthur Everly appeared before the Council to express his concerns about burglaries, and stated that what was needed was to put fear into the lawbreakers; and cited many examples of how to do this. The Meeting adjourned at 9:50. ~~~ CHARLES B. BEALS, MAYOR ATTEST: ~~ WAY SAUNDERS, CITY CLERK