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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. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1992 PAGE -2- 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 MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1992 PAGE -3- C~ 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. C CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1992 PAGE -4- FINAL READING OF 273-C • 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 r CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1992 PAGE -5- • 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. ® • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING 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: