07-09-1985 Regular Meeting
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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.
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July 9, 1985
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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
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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.
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July 9, 1985
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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.
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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.
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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: