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07-09-1985 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 9, 1985 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, July 9, 1985 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 Tem Turville, Council Member Huff, Council Member Cole, and Council Member Henry. Other City Officials present were City Manager Saunders and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Cuqui Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held June 25, 1985 and the Work- shop Meeting held June 26, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT SPRAYFIELD SITE It was reported that Evelyn Bunch, owner of the property for the sprayfield expansion site, was standing firm in her purchase price of $325,000. The property had been reappraised after the most recent freeze, and the City had offered her $310,000 for the site, as just compensation according to EPA guidelines. City Attorney Baird recommended that the City purchase the property for $325,000 stating that the expenses involved in condemnation pro- ceedings could run considerably higher than the $15,000 difference. 85-118 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO PUR- CHASE THE BUNCH PROPERTY FOR $325,000 FOR THE SPRAYFIELD EXPANSION SITE. CERTIFICATION OF TAXABLE VALUE City Manager Saunders reported that he had received the Certification of Taxable Value Form from the County Appraiser's Office. Clermont's current millage rate is 2.626. Due to new construction and other added value, the City could adopt a rolled back millage rate of 2.429 and generate the same amount of tax dollars as the previous year. The City's certified millage rate must be returned to the County Appraiser's Office within thirty days. The City Manager proposed that first Public Hearing on the Tentative Budget be scheduled for September 3, 1985. Council Member Turville stated that he would like to see discus- sion of this matter as a regular agenda item and asked that it be rescheduled for the next Council Meeting. 85-119 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO TABLE ANY DISCUSSION OF THE MILLAGE RATE UNTIL THE NEXT COUNCIL MEETING. CHESTNUT STREET PARK It was reported that the City had received an offer from a local resident to purchase the Chestnut Street Park, and the Council was asked if they wished to sell the property. It was the consensus of Council not to sell any City owned property at this time. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 9, 1985 Page -2- TRAFFIC LIGHT It was reported that the City was working to get the traffic light at Fifth Street and Highway 50 repaired as quickly as possible. If was further reported that Public Works Director Smythe is meeting with Officials from the Department of Transportation to discuss moving the control box 100' north on Fifth Street ROW because the control box, at its present location, has been destroyed three times in three years. LEAGUE OF CITIES DINNER The Council was reminded that the Lake County League of Cities Dinner would be held at the Umatilla Community Building on Wednesday, July 17th. COUNCIL MEMBER HUFF'S REPORT TRANSPORTATION ADVISORY COMMITTEE It was reported that the Transportation Advisory Committee would meet on July 10, 1985 at 2 :'00 p.m. to discuss how the County road impact fees would be spent. OLD BUSINESS FINAL READING OF ORDINANCE 245-C, ZONING ORDINANCE OF THE CITY OF CLERMONT - REVISIONS TO CURRENT ORPINANCE City Manager Saunders reported that Ordinance 245-C was a revision of Ordinance 208-C, the City's present zoning Ordinance. Several Council Workshops have been held resulting in the revisions. At their May 4, 1985 meeting, the Planning and Zoning Commission recommended adoption of Ordinance 245-C with the changes outlined on a memo from Marilyn George, Planning and Zoning Technician, which is attached and made part of the official record. Mr. Saunders then read the changes as recommended, and pointed out that the second part of the second recommendation should be striken because the State Law has changed and the two year requirement is no longer in effect. Mr. Saunders explained that during the first Public Hearing, Don McCaffrey and Tom Liddell had suggested that the required front setback should be 25 feet where access is by a service road or the ROW exceeds 100 feet and 7.5 feet in limited access areas. Currently the City allows 25 foot setbacks on service roads, so no change is needed regarding that part of the request. . Mr. McCaffrey was present and restated his initial request to the Council. He stated that a 25' setback was okay with him in the limited access areas, but that he would rather have a 7.5 foot set- back. He stated that he felt a compromise at 12.5 feet would be most acceptable. Mr. Saunders stated that he would not recommend allowing the 7.5 foot setback because of problems previously discussed, including future alterations to the highway, emergency access and maintenance access. Council Member Turville stated that he believed that the City should stick with the Ordinance as written. He opposed the lesser setback e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 9, 1985 Page -3- requirements. If a 50 foot setback is required now, he could not support Mr. McCaffrey's request to lessen it. For the record, Council Member Cole stated that the Liquor Store favored the 25 foot setback requirement. Council Member Huff stated that he felt the 50 foot requirement was unfair at that location because no matter what, the DOT could condemn property and build on it. Council Member Turville stated that he believed that the Council should look at each individual case. 85-120 After sQme further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND CARRIED BY A THREE TO TWO ROLL CALL VOTE TO ADOPT ORDINANCE 245-C AS PRESENTED, INCLUD- ING THOSE RECOMMENDATIONS MADE BY THE PLANNING AND ZONING COMMISSION, EXCLUDING THE TWO YEAR REQUIREMENT AND EXCLUDING THE REQUEST MADE BY MR. McCAFFREY. VOTING WAS AS FOLLOWS: MAYOR POOL AND COUNCIL MEMBERS HENRY AND TURVILLE, AYE~ AND COUNCIL MEMBERS COLE AND HUFF, NAY. THE ORDINANCE WAS READ BY TITLE ONLY. FINAL READING OF ORDINANCE l68-M, COMPREHENSIVE PLAN AND FUTURE LAND USE DISTRICT MAP OF THE CITY OF CLERMONT City Manager Saunders explained that the Local Government Comprehensive Planning Act requires each local government to evaluate its comprehensive plan five years after the initial adoption. AS,part of the Land Use Ele- ment of the Comprehensive Plan, the City is also to consider adoption of the Future Land Use District Map. It was explained that Public Hearing held June 13, 1985, Claude Smoak had addressed the Council expressing his concern that part of the City zoning Map was not in complete compliance with the Future Land Use Map. City Manager Saunders explained that the City has very few areas that do not conform. The Future Land Use Map is a tool for the City to use and would guide future rezoning of these areas. He further stated that non- conforming areas have already been noted, and it is the intention of the Council to look at the areas of concern for rezoning in the near future. Mayor Pool then called for comments from those present in the audience. Tom Dougherty appeared before Council to request that Lot 127 of Cler- mont Heights which is now R-3 be rezoned C-2. City Manager Saunders stated that no property would be rezoned at this meeting, but that the property could be placed in the EBD-2 zone by moving the division line on the Future Land Use District Map from the east side of Mr. Dougherty's property back to the west side. 85-121 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND CARRIED BY A FOUR TO ONE VOTE, WITH COUNCIL MEMBER TURVILLE VOTING NAY, TO AMEND THE FUTURE LAND USE DISTRICT MAP TO PLACE LOT 127 OF CLERMONT HEIGHTS INTO THE EBD-2 ZONE BY MOVING THE DIVISION LINE ON SAID MAP TO THE WEST SIDE OF LOT 127. Bill Misuraca asked for an explanation of NED on the Map, and City Manager Saunders explained the district where his property was located. -- ~ - e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 9, 1985 Page -4- Much discussion ensued concerning zoning classifications along Highway 50. Mr. McCaffrey suggested that all property at the intersection of Highway 50 and East Avenue be zoned commercial, not residential. He further stated that the southeast corner should be changed to C-l. Claude Smoak asked for clarification of the ERD-7 classification, and this also was explained by City Manager Saunders. 85-122 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l68-M, COMPREHENSIVE PLAN AND THE FUTURE LAND USE DISTRICT MAP, AS AMENDED, OF THE CITY OF CLERMONT. THE ORDINANCE WAS READ BY TITLE ONLY. LARRY OGDEN - REQUEST FOR OFF-SITE ADVERTISING IN A C-l LIGHT COMMERCIAL DISTRICT, SW CORNER OF 7TH STREET & HIGHWAY 50 Mr. Larry Ogden and his attorney, Tom Dougherty, appeared before Council to request that he be allowed to utilize the property at the southwest corner of Seventh Street and Highway 50 for his business. This property is zoned C-l. Mr. Ogden requested that he be allowed to display U-Haul vehicles and preconstructed aluminum buildings on the property for a period of one year. City Manager Saunders explained that the request as stated is off site advertising which is not allowed in a C-l zone. An open air sales permit could be granted for the property for a short period of time, but a sales- person must be present on the site during regular business hours. It was further explained that Mr. Ogden could do exactly what he has requested in a C-2 zone. Mr. Ogden then asked that the request be changed to an open air sales permit. 85-123 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TUR- VILLE, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A THREE TO TWO VOTE TO DENY THE REQUEST FOR AN OPEN AIR SALES PERMIT BECAUSE THE REQUEST WOULD CIRCUMVENT THE ORDINANCE FOR C-2 PROPERTY. MAYOR POOL AND COUNCIL MEMBER HUFF VOTED NAY. NEW BUSINESS RESOLUTION NO. 499 - REVISION OF UTILITY BENEFIT FEES TO BECOME EFFECTIVE AUGUST 9, 1985 It was explained by City Manager Saunders that in 1980 the City of Clermont adopted Ordinance 2ll-C authorizing the levying of "fees for the purpose of compensating the City for capital expenditures required in providing expansions of the City's pollution control facilities and water systems that have resulted from the need to provide such services due to expanding population". The fee established at that time was $360. The City of Clermont has been experiencing a rapid rate of growth during the past two years. Presently the City is in the process of expanding the capacity of its treatment plant, and in the near future may need to drill another water well. Because of this growth, the Council authorized Probe, Batson and Company to conduct a study and submit their proposal for updating the fee structure. Resolution No. 499 is the result of that study, and establishes the method for computing the initial fee and sets the fee at $1011 per equivalent residential unit (ERU). It was also explained that a meeting had been held with local contractors, and they were aware of the pending fee increase. I) e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 9, 1985 Page -5- Mr. Paul Hobensack stated that he did not feel the fee was fair to an existing lot within the City because they would have to pay the higher fee when the line would only be run 25' from the existing sewer line. He stated that he felt new developments should pay the higher fee, but not those people who wish to build on an existing lot. 85-124 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 499 REVISING THE CITY'S UTIITY BENEFIT FEES. THE NEW FEES WILL TAKE EFFECT AUGUST 9, 1985. THE RESOLUTION WAS READ BY TITLE ONLY. At this.time, a five minute recess was called by Mayor Pool. The meeting reconvened at 9:40 p.m. RESOLUTION NO. 500 - REPEALING SECTION 2, RESOLUTION NO. 495, WATER CONNECTION FEES It was explained that the City had been charging a $3.00 per front foot fee for water connections. However, in light of the increased Utility Benefit Fee, the City Attorney and Consultants have advised that this fee should be eliminated. Resolution No. 500 would repeal this fee. 85-125 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMB~R HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 500, REPEALING SECTION 2 OF RESOLUTION NO. 495, WATER CONNECTION FEES, TO BE IN EFFECT AUGUST 9, 1985. THE RESOLUTION WAS READ BY TITLE ONLY. INTRODUCTION OF ORDINANCE l69-M - ESTABLISHING SANITATION RATES FOR THE CITY TO BECOME EFFECTIVE SEPTEMBER 1, 1985 City Manager Saunders explained that the recent survey conducted by the City indicated that the majority of residents prefer the rear yard service now offered by the City and are willing to pay for it. The current rate of $6.00 for this service has been in effect since October 1, 1976. The Sanitation Fund is an enterprise fund and should operate inde- pendently of other funds. The proposed rate of $9.00 for single family and $8.50 for multi-family would allow the Sanitation Depart- ment to operate independently for at least three, and possibly four years. 85-126 A MOTION WAS MADE BY COUNCIL MEMBER COLE,AND SECONDED BY COUNCIL MEMBER HUFF TO INTRODUCE ORDINANCE l69-M, ESTABLISHING SANITATION RATES FOR THE CITY OF CLERMONT TO BECOME EFFECTIVE SEPTEMBER 1, 1985 AUDIT AGREEMENT - GREENLEE, KURRAS, RICE AND BROWN. AGREEMENT FOR AUDITING SERVICES FOR FISCAL YEAR ENDING SEPTEMBER 30, 1985 City Manager Saunders reported that he had received a letter from the City Auditors, Greenlee, Kurras, Rice and Brown, concerning an agreement for auditing services for the year ending September 30, 1985. The work will be done for a fee of $14,000 for preparation of the annual audit report and related work, including all reporting as required for governmental audits. It was further explained that the fee had increased $1,000 over the previous year's fee due to the additional time connected with increased reporting requirements. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 9, 1985 Page -6- City Manager Saunders also stated that the firm does an excellent job for the City and is always willing to help throughout the year, and recommended approval of the agreement. 85-127 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE AUDITING AGREEMENT WITH THE FIRM OF GREENLEE, KURRAS, RICE AND BROWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1985 IN THE AMOUNT OF $14,000. VISITORS WITH BUSINESS Cuqui Whitehead appeared before Council to make four requests for the Council's consideration: 1. Four police Officers per shift instead of three. 2. Fireworks and parade for the Fourth of July. 3. Child Abuse signs displayed on a child's eye level in stores throughout the City. 4. Elimination or rerouting of large truck traffic from Fifth Street. Council Members advised Mrs. Whitehead that the City had no juris- diction over the placing of sign in the stores, and that she would have to obtain store owner's permission to do so. They also stated that the City would look into an alternate route for large truck traffic, but that it could not be eliminated entirely because deliveries had to be made in the downtown business district. Mayor Pool reported that the Walkers who live in the area of Holly Street and Seminole Avenue had left during the five minute break, but wished to express their concern with cars parking too close to the intersection of Holly Street and Seminole Avenue. City Manager Saunders stated that he would check on this matter and the law concerning parking 15' from intersections would be enforced. There being no further business, the meeting adjourned at 10:15 p.m. 4& tJ./JJ Robert A. Pool, Mayor Attest: