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09-27-1994 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 27, 1994 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Turville, Council Member Cole, Council Member Ivey, and Council Member Norquist. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held September 13, 1994, Special Meeting held September 15, 1994 and Workshop Meeting held August 29, 1994 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Meeting Council Members agreed to hold a Special Meeting to canvas ballots on October 6, 1994 at 7:00 p.m. in the City Hall Conference Room. A Workshop meeting will be held immediately following the Special Meeting. Lake County League of Cities County Meeting All City and County Commissioners, Managers and staffs are invited with their spouse to attend an annual picnic at the Joe Knowles Ranch on October 12 beginning at 5:00 p.m. Other guests will include County and State legislative officials and delegates. Those wishing to attend should call in their names to City Hall by Friday, September 30. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 2 MAYOR POOL'S REPORT Dept. of Transportation Public Meeting Mayor Pool announced the Dept. of Transportation has scheduled a public meeting regarding Highway 27 corridor action plan on Wednesday, 2:30 to 3:30 p.m. on September 28 in Jenkins Auditorium. MAYORAL PROCLAMATION Mayor Pool read a proclamation declaring recognizing Lake Community Action Agency, Inc. for their continuing war on poverty and the leadership of Community Action Agencies in advancing this struggle. MILLAGE RATE AND BUDGET RESOLUTIONS - PUBLIC HEARING 94- 1994-95 Ad Valorem Millage Rate - Resolution No. 831 Mayor Pool stated the proposed millage rate is 2.979, the same rate as last year~ This millage rate represents a 6.85 % increase over the rolled back rate. Deputy City Clerk Whitlock read tentative Resolution No. 831 in its entirety. Mayor Pool opened the Public Hearing and called for comments concerning the proposed millage rate. Mayor Pool stated although the City's millage rate did not increase, if the appraised property value increased, taxes would be increased. No comments were received and Mayor Pool closed the Public Hearing. 154 A motion was made by Council Member Ivey_, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution [/831 setting a millage rate of 2.979forfiscal year 1994-95. 1994-95 General Fund Budget - Resolution No. 832 Mayor Pool read Resolution 832 by title only and opened the Public Hearing. He stated that this resolution will adopt the fiscal year 1995 budget for the General Fund CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 3 which provides funding for Police, Fire, Streets, Sidewalks, Animal Control, Parks & Recreation, Planning & Zoning, Finance, and Administration. Mayor Pool opened the Public Hearing and called for comments. No one spoke in favor of or in opposition to the General Fund Budget and Mayor Pool closed the Public Hearing. §4-155 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution #832. 1994-95 Infrastructure Fund Budget, Resolution//833 Mayor Pool read Resolution//833 by title only and opened the Public Hearing. No comments were received in regard to Resolution//833 and Mayor Pool closed the Public Hearing.~ 94-156 A motion was made by Council Member Turville, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution #833. 1989 Sales Tax Fund Budget, Resolution 834 Mayor Pool read Resolution//834 by title only and opened the Public Hearing. No comments were received in regard to Resolution//834 and Mayor Pool closed the Public Hearing. 94-157 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution #834. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 4 1994-95 Utility Fund Budget, Resolution 835 Mayor Pool read Resolution//835 by title only and opened the Public Heating. No comments were received in regard to Resolution//835 and Mayor Pool closed the Public Heating. 94-158 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution #835. 1994-95 Stormwater Fund Budget, Resolution 836 Mayor Pool read Resolution//836 by title only and opened the Public Hearing. Joyce Freeman of 1124 DeSoto Street asked when something will be done about the stormwater drainage problem on DeSoto Street. City Manager Saunders stated that the City Engineer has designed a change to be made to the system in this area which includes increasing the pipe size. The project should be started within 60-90 days. Mayor Pool dosed the Public Hearing. 94-159 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution #836. 1994-95 Sanitation Fund Budget, Resolution 837 Mayor Pool read Resolution//837 by .title only and opened the Public Hearing. No comments were received in regard to Resolution//837 and Mayor Pool closed the Public Hearing. 94-160 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution #837. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 5 1994-95 Cemetery Perpetual Care Fund Budget, Resolution//838 Mayor Pool read Resolution//838 by title only and opened the pUblic Hearing. No comments were received in regard to Resolution//838 and Mayor Pool closed the Public Heating. 94-161 A motion was made by Council'Member Norquist, seconded by Council Member Cole, and carried unanimously by .roll call vote to adopt Resolution #838. VISITORS WITH BUSINESS SAFE Foundation City Manager Saunders stated that the SAFE Foundation (Substance Abuse Family Education) is a non-profit organization requesting permission for a circus to be located adjacent to the South Lake Ford property on Highway 50 for October 22. Traffic problems are not expected in this area on a Saturday. He recommended approval subject to meeting tent and power regulations. Darlene Lee of SAFE Foundation stated that 10,000 children's tickets are given free to the schools so that at least one child per family can attend. 94-162 A motion was made by Council Member Cole, seconded by Council Member Norquist and carried unanimously to approve the circus sponsored by the SAFE Foundation on October 22 adjacent to the South Lake Ford property on Highway_ 50. 1st United Methodist Church, Resolution//829 City Manager Saunders stated that the 1st United Methodist Church is requesting a Conditional Use Permit amendment to allow construction of a new playground to be located on their property south of Broome Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 6 Mayor Pool read Resolution #829 by title only and stated that the request requires that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Kelly Cartier, 107 S. Galena, Minneola, Florida was sworn in by City Clerk Van Zile. Kelly Cartier stated that she was the Director of the Pre-School at the 1 st United Methodist Church. She explained that the new playground will accommodate off-track school children and future expansion. City Manager Saunders stated that the playground will be approximately 50' by 75', fenced, and located west of the parking lot. The Planning and Zoning Commission and staff recommend approval of the Conditional Use Permit. 94-163 A motion was made by Council Member Ivey_, seconded by Council Member Turville and carried unanimously by roll call vote to adopt Resolution #829. James Hurtak, Resolution #830 City Manager Saunders stated that this is a request for a Conditional Use Permit to amend Resolution #818 for the South Lake Plaza shopping center. Winn Dixie is proposing to remodel the old Kmart building including a 8,968 square feet expansion. Mayor Pool read Resolution #830 by title only and stated that the request requires that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in the following: Robert Smythe Jed Downes James Hurtak 1119 Bloxam Street, Clermont 200 E. Robinson St., Suite 400, Orlando 678 E. Highway 50, Clermont Mr. Downes stated that he represented the firm of Cuhaci & Peterson Architects, Inc. and they have been working very hard to transform this to a good shopping center with an attractive new look. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 7 City Manager Saunders stated that the majority of the expansion will be the enclosure of what was the garden center and automotive area. A variance is being requested for a 13.88 feet setback on Bloxam Avenue where 25' is required for a 40' long section of building. This section of the building is the new loading area and the design of the building requires this to be located in this section of the building. This part of the building would be approximately 30' tall. A 6' masonry wall will be constructed 5' inside the property line along the Bloxam Avenue side of the building. This wall would then connect to the northeast and southeast corners of the new loading area with the 13.88' being heavily landscaped. Additional parking to the north of the Kmart building will be added which is now the location of an abandoned office. This parking along with the request to re-stripe the parking on the west side of the parking lot to 9' will provide a total of 568 spaces which exceeds the 4 per 1,000 required in our old zoning code, but does not meet the requirement under our new Land Development Regulations. Condition//5 should be amended to include language that allows up to 50 % of their parking area to be re-striped to 9' with double striping. A sidewalk along Highland Avenue will be constructed along with required landscaping, however, the recommendation is to allow one year from the date of the granting of the Conditional Use Permit for the construction of the sidewalks. This is requested with the anticipation of additional work being done in this area of the shopping center in the near future. They will also be responsible for correcting a drainage problem at their southern entrance onto Bloxam Avenue and providing masonry enclosures for their dumpsters. Robert Smythe asked whether the driveway from Bloxam would be one-way or direc- tional. Mr. Elias Jaalouk of Harbe Engineering replied that the final site plan includes a "no right turn" for the driveway. Mr. Smythe noted that there is also a water retention problem with storm water flowing into the back parking lot. Mr. Downes stated that the problem will be addressed. Mayor Pool closed the Public Hearing. Council Members asked Mr. Downes to explain what the rear of the building facing Bloxam will look like. Mr. Downes explained that the back will be painted and a parapet added along the roof. The color scheme will also be extended to the rear. City Manager Saunders stated that staff and Planning and Zoning recommend approval of the Conditional Use Permit. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 8 94-16~ A motion was made by Council Member Cole, seconded by Council Member Ivey_ and carried unanimously by roll call vote to adopt Resolution #830, incorporating Condition #5 recommended above. Preliminary Plat Approval - Grand Heights City Manager Saunders stated that the preliminary plat for Grand Heights is presented for review prior to final approval from the Site Review Committee. The plat is for a 27-unit single-family R-1 development is located on Bloxam Avenue. The subdivision meets all of applicable subdivision codes. A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to approve the Grand Heights Prelimina~_ Plat. Final Plat Approval - Edgewood Oaks Subdivision City Manager Saunders stated the Council previously approved a Conditional Use Permit for this project for 24 town homes. Final plat approval is requested for Edgewood Oaks Subdivision. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Mr. Herbert Smith, 11949 Elbert Street, Clermont was sworn in by City Clerk Van Zile. Mr. Herbert Smith stated that they have re-done the original plat which was not compatible with the topography. Mayor Pool closed the public hearing. City Manager Saunders stated that this is not a subdivision plat, but a town home development plat and staff recommends approval of the plat with some required language changes indicating town home development. A motion was made by Council Member Turville, seconded by Council Member Cole and carried unanimously by roll call vote to approve the final platfor Edgewood Oaks Subdivision. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 9 UNFINISHED BUSINESS Final Reading of Ordinance 273-M Mayor Pool read Ordinance 273-M by title only and opened the Public Hearing. City Manager Saunders stated that this is the final reading of an ordinance which will establish a new rate schedule for water and sewer services. Our water and sewer funds are considered "enterprise funds" which we designed to collect sufficient revenues to pay for the services being provided. Therefore, it is necessary to adjust the rates to cover the rising costs of these services. The water rate will be increased from $4 for the first 3,000 gallons to $4.85 and from $.90 for each additional 1,000 gallons to $1.10. The water rates are next to the lowest out of 14 communities in Lake County. The sewer charge will go up approximately $.75 for an average home using 8,000 gallons a month. Mayor Pool closed the Public Hearing. 94-167 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance 273-M. NEW BUSINESS DEP Agreement City Manager Saunders stated that this agreement is with the Florida Department of Environmental Protection providing for funds from DEP to assist the City in providing water line extensions in the Hancock Road and Johns Lake Road area for EDB contaminated wells. He stated they have been working with DEP for about a year. The agreement will provide $280,000 to provide line extensions and meter costs to 54 wells in the area. They currently provide filtration systems at a cost of about $1,000 each per year. 94-16~8 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously to approve entering into the Department of Environmental Protection agreement. CITy OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 10 Recycling Agreement - Dept. of Environmental Protection through Lake County City Manager Saunders stated that this agreement is between the City of Clermont and Lake County to provide for a recycling grant for 1995. This will be the 4th year of the grant which provides approximately $9,600 to the City of Clermont to be used for recycling purposes. 94-!69 A motion was made by Council Member Ivey, seconded by Council Member Norquist, and carried unanimously to approve entering into the Recycling Agreement with Lake Count_. Budget Amendment to 1993-94 General Fund, Resolution//839 City Manager Saunders stated that throughout the year the Council has approved certain items that were not included in the current year's budget. In preparation for final audits, we need to formally adopt Budget Amendments to cover those items. Resolution//839 includes any previously approved General Fund amendments. Mayor Pool read Resolution//839 by title only and opened the Public Hearing. No comments were received and the Public Heating was closed. A motion was made by Council Member Turville, seconded by Council Member Ivey., and carried unanimously to adopt Resolution #839. Budget Amendment to 1993-94 Utility Fund, Resolution//840 City Manager Saunders stated that Resolution #840 covers all Utility Fund amendments. Mayor Pool read Resolution//840 by title only and opened the Public Hearing. No comments were received and the Public Heating was closed. 94-1~,1,= A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously to adopt Resolution #840. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 27, 1994 PAGE 11 94- 94- Budget Amendment to 1993-94 Stormwater Fund, Resolution #841 City Manager Saunders stated that Resolution #841 covers Stormwater amendments. Mayor Pool read Resolution #841 by title only and opened the Public Hearing. No comments were received and the Public Hearing was closed. 172 A motion was made by Council Member Norquist, seconded by Council Member Ivey_, and carried unanimously to adopt Resolution #84I. Bid Award - East Well #1 City Manager SaunderS stated that bids were received for East Well #1 and were reviewed and approved by City Engineer Springstead. Low bidder was Centech Utility Corporation of Tampa With $88,830. Diversified Drilling was the only other bidder at $179,780. A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to award the bid for East Well #I to Centech Utili~. Corporation for $88,830. AUDIENCE COMMENTS Don Burris asked about the lC advance disposal fee charged by the State in the local grocery stores for recyclable containers as to whether the City receives a portion of these funds. Mayor Pool stated that they do not take into account whether a community recycles or not and none of these funds have come back to the community. There being no further business or discussion, the meeting adjourned at 8:56 p.m. Robert A, Pool, Mayor Attest: fl~ph E. Van :~t6', Ci{y Clerk