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09-13-1988 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 13, 1988 ~ Regular Meeting of the City Council of the City of Clermont was held Tuesday, September 13, 1988 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Cole and Council Member Huff. 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 those present. MINUTES The Minutes of the following meetings were approved as presented: Workshop Meeting held July 20, 1988, Workshop Meeting held July 26, 1988, Workshop Meeting held August 9, 1988, Workshop Meeting held August 16, 1988 and the Regular Meeting held August 23, 1988. REPORTS CITY MANAGER SAUNDERS' REPORT FLORIDA FREE WHEELERS BICYCLE CLUB It was reported that the Florida Free Wheelers Bicycle Club were asking Council permission to stage their November 20, 1988 fall tour from Jaycee Beach. The club provides insurance and portable toilets for the annual event. It was the consensus of Council to allow the request. CYSTIC FIBROSIS BIKE-A-THON It was reported that Jo Cunningham was requesting Council permission to hold the Cystic Fibrosis Bike-A-Thon which goes around Lake Winona on Sunday, October 23, 1988 from 1-4:00 p.m. This event has been held for many years, and there have been no problems in the past. It was the consensus of Council to allow the request. CLERMONT HIGH SCHOOL It was reported that David Coggshall, Principal at the High School, had contacted the City Manager and asked that a representative from the City be present at the Citizen Advisory Committee meeting to be held on Wednesday, September 14, 1988, at 5:00 p.m. in the High School Library. The parking problem at the High School will be the topic of discussion. VFW DINNER City Manager spouses were at 6:30 p.m. sented. Saunders stated that the Council Members and their invited to a VFW Dinner on Thursday, September 15, 1988, A program concerning the Constitution Day will be pre- e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 13, 1988 Page -2- GRANT REQUEST City Manager Saunders stated that the City would be requesting a second grant from the Stat,e for development of the Twelfth Street Park site and another grant to purchase a strip of property adjacent to the present site. In order to do this, it was discussed that an appraisal would be needed of the new parcel and a boundary survey of the entire parcel. or aerjal su~vey It was discussed that either. a,topographic survey/would be needed and it was concluded that the aerial survey would be the least costly. Mr. Saunders then asked Council permission to have an aerial survey completed at a cost of approximately $1,900. 88-128A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO HAVE THE AERIAL SURVEY COMPLETED AT A COST OF APPROXIMATELY $1,900. COUNCIL MEMBER HUFF'S REPORT SOUTH LAKE COUNCIL FOR THE ARTS Council Member Huff reported on schedule of upcoming programs being offered by the South Lake Council for the Arts. In October the Lake-Sumter Community College players will present "Barefoot in the Park," with the royalities for use of the play being paid for by Clerbrook Resort, and in November "The Color of Magic". In December a Community Christmas Concert will be presented in con- junction with the Kiwanis Boat Parade. It was also mentioned that the Dukes of Yale would be back and that their performance was being sponsored. COUNCIL MEMBER COLE'S REPORT Council Member Cole inquired as to when the Pitt Street paving would be completed. City Manager Saunders stated that due to delays caused by the exces- sive rain the State of Florida has been experiencing, the pavers were expected by the end of the week. They also will be working on East Avenue and Lakeshore Drive. VISITORS WITH BUSINESS ROBERT ROBERTS - SIGN SETBACK VARIANCE REQUEST Mr. Roberts appeared before Council to request a variance to the Sign Ordinance in order to place a ground sign at 997 West Highway 50 with a 2' 9" setback where a minimum of 4' 6" is required. Mr. Roberts explained that he wanted to utilize the existing pole for the sign and stated that it would be cost prohibitive to move the sign approximately 18" from its present location. e - CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 13, 1988 Page -3- Mr. Roberts stated that he had purchased the building and would be opening it as a Chevron gas station, which is what was located there previously. He further stated that he did not realize that sign had been "grand fathered in" under the City's Zoning Ordinance and that he would lose that privilege because the station had been closed for more than a year. City Attorney Baird explained that the "grandfather" clause would not apply in this case because it was presumed that the use would be abandoned after one year. In this case, the building is being utilized in exactly the same manner. 88-129 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE SIGN SETBACK VARIANCE OF 2' 9" FOR A GROUND SIGN TO BE LOCATED AT 997 WEST HIGHWAY 50. RESOLUTION NO. 601 - LAKE SUMTER EMERGENCY MEDICAL SERVICES REQUEST FOR AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT Bill Compton representing Lake-Sumter Emergency Medical Services appeared before Council to request an amendment to an existing Conditional Use Permit to allow the continuance of the use of a mobile home for their base of operations for one year at the same location on the U.S. 27 service road located between Hook Street and Highway 50. During the discussion of this request, it was explained that approximately one year ago Emergency Medical Services was given a Conditional Use Permit which allowed them to operate from a non- conforming mobile home on the property. Mobile homes are allowed only in mobile home parks within the city limits. Originally the mobile home was on the site as part of a mobile home sales business, and was to be removed when the business ceased to operate. When asked by Mayor Pool why a permanent facility had not been built for the ambulance service, Mr. Compton stated that they could not afford to purchase property at this time due to $500,000 worth of capital expenditures during the past year. Presently they were looking for a rental property on Highway 50 within the city limits of Clermont, but that they needed an extension of time to find it. It was reported that the Planning and Zoning Commission at their meeting held September 6, 1988 had recommended a six months extension and that Resolution #601 had been written reflecting this recommendation. Mayor Pool called for comments from those present and Cuqui Whitehead and Buck Evans spoke in favor of Lake-Sumter Emergency Medical Services and stated that a much needed service to south Lake County was provided by them. Council Member Huff stated that he did not want to see the Lake-Sumter Emergency Medical Services repeatedly asking for time extensions to - - CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 13, 1988 Page -4- keep operating out of the mobile home which should not be allowed under the current zoning regulations. Mr. Compton stated that he had no intent to stay longer than six months at the present location. 88-130 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #601 GRANTING AN AMENDMENT TO THE EXISTING CONDITIONAL USE PERMIT TO ALLOW CONTINUANCE OF OPERATION FROM THE MOBILE HOME FOR AN ADDITIONAL SIX MONTHS PERIOD ENDING MARCH 13, 1989. RESOLUTION NO. 602 - WILLIAM LAWSON OF PROGRESSIVE PLUMBING REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 12,365 SQUARE FOOT STRUCTURE WITH A 3' SIDE YARD SETBACK AND A 5' REAR YARD SETBACK Mr. Bill Lawson appeared before Council to request a Conditional Use Permit to construct a 12,365 square foot structure to be located at 1060 West Highway 50 with a side yard setback of 3' on the west side of the building where a minimum of 12' is required, and a rear yard setback of 5' on the north side of the building where 25' is required. In making this request Mr. Lawson stated that he really needed the 3' setback for aesthetics because he wanted the new building to line up with the existing building. He continued by stating that he would cut down on the size of the building in order to meet the rear yard setback. Mayor Pool called for comments from those present and Cuqui Whitehead asked what the Planning and Zoning Commission had recommended. City Manager Saunders stated that the Planning and Zoning Commission favored granting the CUP for the building (all buildings greater in size than 7,000 square feet require a CUP) but stipulated that all setback and other zoning requirements be met. It was pointed out that if the the smaller setbacks were granted, the landscape require- ments could not be met and concern was expressed for the house which is located approximately 75' from the proposed structure. It was also pointed out that Mr. Lawson has adequate property to redesign the building and meet all of the required setbacks. City Manager Saunders stated that no hardships had been demonstrated and the building could be repositioned to meet all of the requirements. Council Member Huff and Planning Director McAllister expressed there concerns that it would make an unacceptable distance (15') between two buildings in the M-l district if a building were constructed to the east with minimum setbacks. Cecil Smart and Don Burris both stated that they could see nothing wrong with the 3' setback in order to accomplish making the building look nice. e - CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 13, 1988 Page -5- 88-131 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #602 GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A 12,365 SQUARE FOOT STRUCTURE MEETING ALL SETBACK REQUIREMENTS. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. City Manager Saunders stated that for clarification purposes, the word "warehouse" should be changed to "structure" in the heading of the ordinance and in the first paragraph. UNFINISHED BUSINESS PROPERTY SALE City Manager Saunders asked the Council to refer to the memo concern- ing the sale of the surplus property surrounding the Highland Avenue Water Tank and recapped what had happened concerning this transaction. The Council had previously agreed to sell the surplus property and an appraisal was completed based on retaining 60' x 120' strip of property from the tank to Highland Avenue. As was discussed during the July 26, 1988 Council Meeting, Mr. Wolfe would also like to purchase the approxi- mately 50' x 60' parcel between the tank and Highland Avenue to provide additional parking for his new building. Mr. Saunders then referred the Council to the following computation of the sales price for the property based on the original appraisal of $40,000 plus adjustments for the additional property to be sold and a credit for two small triangular pieces of property west of the Disston Street right-of-way, which Mr. Wolfe will transfer to the City in order for Disston Street to be properly aligned: NET SALE PRICE $40,000.00 7,422.00 1,278.00 [189.10] [156.25] $48,354.65 Appraisal Additional Northern Parcel Additional Southern Parcel Less Western Strip Less Two Corners on Disston ROW It was pointed out that also included in the contract was Mr. Wolfe's agreement to pay for the relocating of the water lines located south of the water tank, in the southern strip he will be purchasing. The estimated cost of moving these lines is $4,000. Under discussion of the sale, it was pointed out that the City will retain maintenance easements on the north and west sides of the water tank. Richard Langley, who was present in the audience, questioned the City's liability if the property was sold and the water tank fell over. City - - CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING September 13, 1988 Page -6- Attorney Baird stated that the City was adequately covered for this type of incident should it ever occur. It was also discussed that it had been previously agreed to a 45 - 55% split in the cost to open the Disston Street right-of-way, which was based on the amount of front footage owned by Mr. Wolfe and the City, and since the City no longer owns any frontage, would Mr. Wolfe pay all of the costs. City Attorney Baird advised that the City had committed itself to honor the agreement due to negotiations prior to the sale, and in good faith should carry out the agreement. It was the consensus of Council to do so. 88-132 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO SELL THE SURPLUS PROPERTY SURROUNDING THE HIGHLAND AVENUE WATER TANK AS LISTED IN THE CITY MANAGER'S MEMO DATED SEPTEMBER 8, 1988. PUBLIC HEARING FISCAL YEAR 1989 BUDGET RESOLUTION NO. 594 - MILLAGE RATE It was explained that the City's proposed millage rate would be 2.429, which is the same as last year's rate and represents a 2.88% increase over the rolled-back rate. Mayor Pool called for comments from those present and Don Burris and Cecil Smart both asked if their taxes would go up and if enough money would be generated to maintain or increase the level of services being offered by the City. It was explained that taxes for the City would stay the same if the. assessed value of your home stayed the same, however, if your assessed value was increased, your tax bill would also increase. It was pointed out that several other taxing districts had increased their millage causing an overall increase in taxes. With regard to the level of services being provided by the City, the City will maintain the same level of services in most areas. However, the budget does include one new police officer and another employee in the Public Works Department. Mayor Pool then read Resolution #594 in its entirety. 88-133 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #594 ESTABLISHING AN AD VALOREM MILLAGE RATE FOR THE CITY OF CLERMONT AT 2.429 FOR FISCAL YEAR 1988-1989. e e CITY OF CLERMONT MINUTES ,...'. - ..... .--..-.,.- -.....-...-,.-.--.....--..-..-.--,........, .., -REGU'L"AR COUNC I L MEETING September 13, 1988 Page -7- RESOLUTION NO. 595 - GENERAL FUND BUDGET It was explained by Mayor Pool that this Resolution would adopt the budget for the General Fund, and that the General Fund provides for the basic tax supported services of the City including police and fire protection, maintenance of streets and sidewalks, parks and recreation" fleet maintenance, street lights, animal control, legal services and administration. Also included are monies for special activities, such as the library and recreation and beautification projects. It.was pointed out that the proposed General Fund Budget included total revenues of $1,809,641, which is an increase of approximately 10% over last year. Proposed expenditures are $1,846,608, or an increase of about 7% over last year's original budget. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the General Fund Budget. 88-134 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #595 ADOPTING A GENERAL FUND BUDGETFOR THE 1989 FISCAL YEAR. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION NO. 596 - UTILITY REVENUE FUND BUDGET It was explained that this fund provides for the City's water and sewer services to over 2,800 customers. Revenues for the fund are project to be $1,575,419 with proposed expenditures budgeted at $1,451,229. Mayor Pool called for comments from those present and no one spoke for or against the proposed Utility Revenue Fund Budget. 88-135 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #596 ESTABLISHING A UTILITY REVENUE FUND BUDGET FOR FISCAL YEAR 1988-1989. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION NO. 597 - SANITATION FUND BUDGET It was reported that the Sanitation Fund provides for garbage and trash collection within the City. Revenues are projected to be $284,000 and expenditures $264,809. It was pointed out that the City would continue to provide rear yard pickup with the same monthly rate that has been in effect since October of 1985. Under discussion of this fund, City Manager Saunders stated that every year the City has been fortunate to keep expenses within the revenues of this fund, but that next year with implementation of the new state law concerning recycling, adjustments will have to be made within the fund in the very near future. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 13, 1988 Page -8- 88-136 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT A SANITATION FUND BUDGET FOR THE 1989 FISCAL YEAR. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION NO. 598 - LOCAL GOVERNMENTAL INFRASTRUCTURE FUND BUDGET This is the one cent sales tax which was adopted by the County and will generate projected revenues of $285,500 for next year. The proposed expenditures are $81,142. This fund is restricted to infra- structure use and over a period of fifteen years will generate more than four million dollars for the City. Mayor Pool called for comments from those present concerning this fund and no one spoke in favor of or in opposition to the proposed budget. 88-131 There being no discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #598 ESTABLISHING A LOCAL GOVERNMENTAL INFRASTRUCTURE FUND BUDGET FOR THE CITY OF CLERMONT FOR FISCAL YEAR 1988-1989. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION NO. 599 - CEMETERY PERPETUAL CARE FUND BUDGET It was pointed out that the sales proceeds from cemetery lot sales were deposited into this fund which designed and implemented to provide funding for perpetual care and maintenance of the cemetery. Projected revenues for next year are $16,500 with $10,000 being transferred to the General Fund for cemetery maintenance and upkeep. Mayor Pool called for comments and no one spoke for or against the proposed Cemetery Perpetual Care Fund Budget. 88-138 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #599 ESTABLISHING A CEMETERY PERPETUAL CARE FUND BUDGET FOR THE CITY OF CLERMONT FOR FISCAL YEAR 1988-1989. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. Upon conclusion of the public hearing on the budget, City Manager Saunders stated that a workshop was needed and suggested that it be held on Tuesday, September 20, 1988. After a brief discussion, it was decided to hold the workshop at 6:00 p.m. on that date. There being no further business or d cussion, the meeting adjourned at 9:20 p.m. Attest: