02-25-1992 Regular Meeting® •
CITYOF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 25; 1992
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, February 25, 1992 in the Council Chambers. The
meeting was called to order at 7:30 p.m. by Mayor Pool with the
following Council Members present: Mayor Pro Tem Turville, Council
Member Cole, Council Member Norquist, and Council Member Ivey.
Other City Officials present were City Manager Saunders, City
Attorney Baird, Finance Director Van Zile,.Planning Director Harker
Chief of Police Tyndal and Deputy City Clerk Brandt.
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 Workshop Meeting held January 9, 1992, the and
Workshop Meeting held January 21, 1992 were approved as presented.
The minutes of the Regular Meeting held January 28, 1992 were
approved as amended to include language clarifying the motion
dealing with the tipping fees on page six of the minutes.
CITY MANAGER SAUNDERS' REPORT
LUTHERAN CHIIRCH CIRCUS
It was reported that Mr. Joe Wiebush, representing the Shepherd of
the Hills Lutheran Church, was present to request permission for
the Royal Liechtenstein Circus to set up in the church parking lot.
The circus is billed as the world's smallest circus and would offer
one performance, free to the public at 3:30 p.m. on Wednesday,
February 26, 1992. The same circus performed at the church last
year and presented no problems.
92-026 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER IVEY
SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED TO
APPROVE THE REQUEST FOR THE CIRCUS PERFORMANCE.
WORKSHOP MEETING
City Manager Saunders stated that if there were no objections or
conflicts, he would like to hold a Council Workshop at 7:00 p.m. on
Tuesday, March 3, 1992 in the City Hall Conference Room. After a
brief discussion, it was the consensus of the Council to hold the
Workshop.
TREE CITY U.S.A.
It was reported that the City had received its Tree City U.S.A.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
FEBRUARY 25, 1992
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certification from the National Arbor Day Foundation
formal presentation of the flag and plaque by the
Forester would take place in the near future. Signs
the City as a "Tree City U.S.A." will also be provide
the city limits.
and that a
Lake County
designating
d to place at
Mr. Saunders continued by stating that this was a great
accomplishment and honor for the City and he thanked Karen
Turville, Chairperson of the Clermont Beautification Committee, for
her efforts in securing the honor for the City.
SMALL BUSINESS ADMINISTRATION TREE GRANT
City Manager Saunders then asked Council approval for the City to
make application for a Small Business Administration (SBA) Tree
Grant which would be a 55 - 45 matching grant for three years of
maintenance. The City would be requesting $3,200 to plant and
maintain oak trees on Eighth Street from Highway 50 to Lake
Minneola and around Center Lake.
Mrs. Turville, Chairperson of the Clermont Beautification
Committee, who is writing the grant, was present and explained the
grant and answered questions.
92-027 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
NOROUIST, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED
GRANTING APPROVAL FOR MRS. TURVILLE TO APPLY FOR THE SBA TREE
GRANT.
COUNCIL MEMBER COLE'S REPORT
BLACK HISTORY WEER
Council Member Cole reported that City Manager Saunders and he
enjoyed a Soul Food Dinner prepared in honor of Black History Week
last Wednesday at the Junior High School.
COUNCIL MEMBER NORQUIST'8 REPORT
OARS CONDOMINIUM REQUEST TO HOOK UP TO CITY SEWER
Mr. Norquist reported that he had been approached by several
property owners in The Oaks, which is located within the city
limits of Minneola, who wished to hook up to the City of Clermont
sewer system and he wanted to make the rest of the Council aware of
these ,requests.
MAYOR POOL'S REPORT
BARRIER AWARENESS DAY
Mayor Pool reported that he had received correspondence relating to
a Barrier Awareness Day meeting which will be held in Altamonte
Springs on March 12, 1992. James Brady will be the keynote speaker
at the meeting. Anyone wishing to attend the meeting was asked to
contact the Mayor for further details.
CITYOF CLERMONT
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FEBRUARY 25, 1992
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XERISCAPE BROCHURE - ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Mayor Pool stated that anyone considering landscaping their yard
should pick up the xeriscape brochure put out by the St. Johns
River Water Management District. The brochure offers timely tips
on establishing a water conserving landscape.
FRIENDS OF THE GREEN SWAMP STATE TRAIL
Mayor Pool reported that the trail will be open to the public in
June and the organization needs help with cleanup of the old
railway bed. Anyone wishing to volunteer their time or join the
group was asked to contact the Mayor for further details.
UNFINISHED BUSINESS
POLICE DEPARTMENT EXPANSION
Jim Strollo of Strollo Architects, Inc. appeared before Council and
presented the conceptual, schematic design, including floor plans
as well as elevations, and a scale model of the structure of the
new Police Station to the Council and public. Mr. Strollo
explained that it was more cost efficient and pragmatic to design
a new 10,000 square foot building than renovate the existing
building. The building is designed with a pitched metal roof and
masonry exterior, with other exterior alternates.
Mayor Pool called for comments and Chief Tyndal, who was present in
the audience, stated that he was very satisfied with the design as
presented by Mr. Strollo.
Mr. Strollo also presented an alternate site drawing incorporating
the proposed Police Department Building on the site with Jenkins
Auditorium and the proposed new City Hall utilizing property to the
east and south of the auditorium. After viewing the alternate site
drawing, it was the consensus of Council that the site appeared to
be too crowded. After a brief discussion of this, City Manager
Saunders stated that the pros and cons of the alternate site could
be discussed at next week's Workshop Meeting.
Mr. Strollo also stated that he had investigated the Council's
request to find out if it would be more cost effective to build a
metal building instead of a concrete block building for the Police
Department. Mr. Strollo stated that the City would pay a premium
price for a metal building and the cost would be 25$ higher than
that of a comparable concrete block building.
Mr. Strollo was asked to attend the Workshop Meeting to further
discuss the alternate site concept and the Police Department
building.
92-028 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
NOROUIST, SECONDED BY COUNCIL MEMBER IVEY AND IINANIMOUSLY CARRIED
APPROVING THE SCHEMATIC DESIGN FOR THE NEW POLICE DEPARTMENT
BUILDING AND AUTHORIZING STROLLO ARCHITECTS INC. TO PROCEED WITH
THE FINAL DESIGN OF THE BUILDING.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
FEBRUARY 25, 1992
PAGE -4-
FINAL READING OF
273-C
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City Manager Saunders explained that this ordinance will adopt a
City of Clermont Utility Service District under Chapter 180 of the
Florida Statutes. He pointed out the proposed service district on
a map displayed for viewing by those present and explained that
under Chapter 180, the City is allowed to go five miles outside of
the present city limits to establish the district. The description
of the district does not include the City of Minneola or the
proposed Highlands project. It was pointed out that establishing
a utility service district does not obligate the City to provide
water and sewer to the area, but it will reserve the area for the
City's consideration of expansion prior to any other utilities.
Continuing, Mr. Saunders pointed out the site of the new South Lake
High School, which is in the proposed utility service district, and
stated that the City of Groveland should provide service to the new
school, not the City of Clermont. However, in the event Groveland
could not serve the area, Clermont would have priority. It was
also stated that the City of Clermont did not oppose expansion of
the Greater Hills water system to serve the proposed Greater Pines
development. Emphasis was placed on the fact that just because the
City was setting up the utility service district, it did not mean
the City would automatically become the sole provider of services
in the district, but would be given first priority for providing
services.
Mayor Pool called for comments from those present. Stephen
Parrish, a City of Minneola Council Member, expressed the City of
Minneola's concern that the proposed district encompassed the land
lying north and east of the present boundaries of the City of
Minneola and restricted their city's potential to expand water
service to the north and east. It was further stated that the City
of Minneola had expended $300,000+ dollars to expand their water
service in anticipation of future annexation and was presently
operating at 10~ of capacity. It was stated that the area of
particular concern lies north and east of the City of Minneola's
industrial park located on the north side of Division Street.
Council Member Turville stated that he believed the concern
expressed by Mr. Parrish was valid and the City of Clermont's
proposed district should not be located north and east of them.
Council Member Ivey stated that he disagreed with Mr. Turville and
if the property owners want to be annexed into the City of
Clermont, then the City of Clermont should provide the water
service to them.
Mr. Parrish then questioned if wording could be placed in the
ordinance addressing this and asked if the property is annexed into
another city, who would have jurisdiction over providing the water?
City Attorney Baird stated that he was not positive, but felt that
the annexee would have jurisdiction in that case. Mr. Parrish then
stated that he wanted wording in Ordinance No. 273-C reflecting
this. City Attorney Baird then stated that a new Section 6 could
be added to the ordinance and the existing number 6 would be
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
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PAGE -5-
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renumbered seven. The new Section 6 would include wording to
reflect that if the property is annexed by the City of Minneola, it
would be deleted from the City of Clermont Utility Service
District.
Donald Rasmussen, Vice President of Utilities, Inc. of Florida then
spoke in opposition to the proposed ordinance. Mr. Rasmussen
stated that he opposed the ordinance because his company operated
nine water facilities in the area south of Clermont and felt it
would be a duplication of services if the City adopted the
ordinance. Mr. Rasmussen also mentioned a feasibility study done
by Springstead Engineering, Inc. concerning the City of Clermont
running water lines to EDB contaminated wells south of the present
city limits and stated that his company was already located in the
area and could provide the service instead of the City of Clermont.
Mr. Rasmussen's letter of opposition is attached and made part of
this official record.
Also objecting to the proposed ordinance was Attorney Steven
Richey, representing Greater Construction Company, Greater Groves
Utilities, Inc., and developers Aaron Dowd and Buddy Oswalt. In
the case of the developers, the property to be developed lies
adjacent and contiguous to a Utilities, Inc. water facility and
negotiations with the Public Service Commission for them to provide
water to the development is underway. Again, it was stated that
for the city to provide water would be a duplication of effort.
Mr. Richey's letters of opposition are attached and made part of
this official record. Mr. Richey stated that in light of these
facts, he wanted a waiver of the clients descriptions from the
City's proposed Utility Service District.
Mr. Richey also presented the Council a letter from Attorney
Cecelia Bonifay, who represents a number of individuals and
business entities opposing the proposed ordinance. This letter is
also attached and made part of this official record.
Mr. Richey continued by stating that he believed that the City
should stay out of areas where existing utilities are in place and
available.
Don Burris, who was present in the audience, questioned how the
water lines would be paid for if someone requested to hook up to
one of the available facilities or for the city to provide the
service. City Manager Saunders and Mayor Pool explained how this
would be accomplished.
Steven Richey then requested that the Council not adopt the
proposed ordinance. He further stated that if the City did adopt
the ordinance, there was no timetable for deciding the feasibility
of providing the service and the City could drag its feet for
thirty or sixty or more days when deciding whether or not to
provide the service. It was also stated that no cost/benefit ratio
was provided in the ordinance. Mr. Richey also stated that if the
ordinance was enacted, it would take away the competitive edge to
get the best price for the potential water customer because cities
look at providing the service in a different perspective than a
developer.
CITYOF CLERMONT
MINYTTES
REGULAR COUNCIL MEETING
FEBRUARY 25, 1992
PAGE -6-
Mayor Pool then stated that the City decided
Pines development to be serviced by Greater
less than thirty days and he felt this
timetable should not be a concern.
to allow the Greater
Groves Utilities in
was reasonable and
Steve Richey then reiterated that he wanted a timetable in writing
in the ordinance. He again stated that he wanted the legal
description of the Highlands Development removed from the
description of the City's Utility Service District. City Attorney
Baird stated that the had read the description and it does not
include the development.
Council Member Turville then questioned the rates charged by
Utilities, Inc. of Florida. Mr. Rasmussen stated that the charges
for the Crescent Bay Subdivision were more because it included its
own water facility. The rates for other facilities were as
follows: Connection fee $200, Water Meter $150, $10.53 for the
first 4,000 gallons of water and 52 cents/1,000 gallons thereafter.
In comparison, the City of Clermont charges a $310 water only
impact fee, $4.00 for the first 3, 000 gallons of water and 90 cents
per 1,000 thereafter.
After some further discussion, City Manager Saunders recommended
that the City not include a timetable in the ordinance. Mayor Pool
stated that he believed that the City would be prompt in making
decisions on the feasibility of running water lines to service
certain areas.
Mr. Rasmussen and Mr. Richey stated that if the ordinance was
adopted, they both wanted a hearing as provided in Chapter 180 of
the Florida Statutes. Mayor Pool read the Bonifay letter which
also requested the hearing.
City Manager Saunders stated the hearing date would be set at the
March 3, 1992 Workshop Meeting.
92-029 A MOTION WAS THEN MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL
MEMBER NOROUIST AND ONANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
ORDINANCE 273-C AS AMENDED TO INCLUDE AS SECTION 6 HORDING THAT IF
THE PROPERTY IS ANNEXED INTO THE CITY OF MINNEOLA THAT CITY WILL
PROVIDE WATER SERVICE. THE ORDINANCE WAS READ BY TITLE ONLY BY
MAYOR POOL.
FINAL READING OF ORDINANCE 242-M
Mayor Pool explained that this ordinance will re-establish the
original sanitation service fees of $14.50 per residential unit.
It was further explained that last September the City adopted a new
rate of $16.50 in anticipation of a proposed increase in tipping
fees by Lake County from $40.00 per ton to $65.00 per ton.
However, the County did not increase the tipping fees, and the City
has maintained the original $14.50 fee by emergency ordinance.
Mayor Pool then read the ordinance by title only and called for
comments from those present. No one spoke in favor of or in
opposition to the ordinance.
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FEBRUARY 25, 1992
PAGE -7-
92-030 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED
BY ROLL CALL VOTE TO ADOPT ORDINANCE 242-M ESTABLISHING A RATE
SCHEDULE FOR SANITATION SERVICE FOR THE CITY OF CLERMONT. THE
ORDINANCE WAS READ HY TITLE ONLY BY MAYOR POOL.
RESOLUTION NO. 748
Mayor Pool explained that Resolution No. 748 opposes the proposed
rate increases being requested by United Telephone Company of
Florida, which are currently before the Public Service Commission.
It was pointed out that the rate increase will cause the City of
Clermont residents to be paying the highest base rate of any other
community within the area, including those with an expanded service
area (ESA).
Mayor Pool stated that he would be attending the public hearing
before the Public Service Commission on March 16, 1992 in Altamonte
Springs to express the City's opposition to the increase as being
excessive and unjustified, in light of the December increase when
the ESA service went into effect.
92-031 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
SECONDED BY COIINCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED BY ROLL
CALL VOTE ADOPTING RESOLUTION NO. 748 OPPOSING THE PROPOSED RATE
INCREASE BEING REQUESTED BY IINITED TELEPHONE COMPANY OF FLORIDA
BEFORE THE PUBLIC SERVICE COMMISSION DOCKET NO. 910980-TL. THE
RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL.
PUBLIC COMMENTS
Ray Gilley, General Manager of Florida Power Corporation and a
member of the Downtown Development Association, appeared before
Council and introduced Sue Krotky, another member of the Downtown
Development Association, who requested that the Downtown
Development Association be placed on the March 10, 1992 Council
Agenda to review the association's past year accomplishments and
make recommendations to the Council.
The Council advised Mrs. Krotky to meet with City Manager Saunders
to determine if this item should be placed on the agenda of a
regular meeting or that of a workshop meeting.
There being no further business or discussion, the meeting
adjourned at 9:30 p.m.
Robert A. wool, Mayor
Attest: