01-28-1992 Regular Meeting
CITYOF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 28, 1992
•
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, January 28, 1992, 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 Ivey, Council Member Norquist and Council Member
Cole. Other City Officials present were City Manager Saunders,
Finance Director Van Zile, Planning Director Van Zile 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.
MINIITES
The minutes of the Regular Council Meeting held January 14, 1992
were approved as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
LEAGUE OF CITIES AWARDS BANQUET & QIIARTERLY DINNER MEETING
It was reported that the next League of Cities Quarterly Dinner
Meeting and Awards Banquet, co-sponsored by the Orlando Sentinel,
would be held on February il, 1992, the evening of the next
regularly scheduled Council Meeting.
City Manager Saunders stated that at this time, he did not have
anything scheduled for the Council Meeting, and he then asked the
Council if they wished to cancel the meeting or reschedule it for
another time in order to be able to attend the League Banquet.
92-020 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE
SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED TO
CANCEL THE_FEBRUARY 11. 1992 COUNCIL MEETING.
All those who planned to attend were asked to make their
reservations with Julie at City Hall by the end of next week.
WORKSHOP MEETING
City Manager Saunders stated that if there were no objections, he
would like to conduct a Workshop Meeting on Thursday, February 13,
1992, at 6:30 p.m. in the City Hall Conference Room. There were
no objections.
COUNCIL MEMBER IVEY'8 REPORT
Council Member Ivey reported that he had attended a very
informative seminar concerning Government in the Sunshine last
week.
He also stated that as the City's liaison to the Chamber of
Commerce, he had attended the Chamber's yearly planning meeting
where community attractiveness was emphasized for the coming year.
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MAYOR POOL'S REPORT
PROPOSED RATE INCREASEB - FLORIDA POWER 6 QNITED TELEPHONE
Mayor Pool reported that he had received notice that Florida Power
was asking for a 10$ rate increase before the Public Service
Commission to build four new generators.
It was also reported that United Telephone was also asking for rate
increases, which the Mayor stated he felt were ridiculous and
excessive in light of the recent increase the City of Clermont
experienced for the expanded service area.
Mayor Pool further stated that he would be attending the public
hearing before the Public Service Commission on March 16, 1992 to
express the City's opposition to the proposed rate increase. He
then asked the Council to consider passing a Resolution or writing
a letter to the PSC expressing the same.
PALATLARAHA RECREATION AREA
It was reported that someone has been using the football/soccer
field at the park as a driving range and leaving a great number of
divots. It was suggested that a sign listing the rules and
regulations of the park be posted to prevent this from happening.
Council Member Ivey concurred, and stated that he had been down to
the park and someone had turned on the lights to the tennis court
in order to illuminate the area so he could change the oil in his
car.
In conclusion, Mayor Pool stated that he was irritated by an
article written in the Sentinel by a Mr. Graves concerning various
parks in Lake County and not one mention was made of the
Palatlakaha Recreation Area.
IINFINISHED BOSINESS
FINAL READING OF ORDINANCE 241-M
Mayor Pool explained that this was a request to rezone
approximately 1.23 acres from R-1-A to R-1 located on Minnehaha
Avenue just east of Disston Avenue and south of the Willows
Townhouses. He then read the ordinance by title only.
As background information, City Manager Saunders explained that the
R-1-A property was originally 150' deep, however, the north 45' of
the property was rezoned and included in the Willows project when
it was constructed. Several months ago the owner of the property
placed a request for R-2 Multi-Family zoning for this property but
withdrew the request before it was heard by Planning and Zoning.
The request is now for R-1 Single Family development, which would
allow six lots to be platted in the area, rather than the five R-1-
A lots. The other differences would include a 7.5' side yard
setback, rather than the 9' setback; front yard setback of 25' as
opposed to the 35' required in the R-1-A, and a minimum house size
of 1,000 square feet as opposed to 1,200 square feet for R-1-A.
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Jay Vander Meer, one of the partners of the Highway 50 Trust,
appeared before Council and stated that originally they had asked
that the property be rezoned R-2 Multi-Family but withdrew the
request because he had been reminded that during the public hearing
on the Willows property, he had made the statement that in the
future single family homes would be developed on the property and
he would stand by his word.
He then stated that two of the proposed six lots would be 102' x
105'~and the four remaining lots would be 77' x 105'. Mr. Vander
Meer further stated that across the street from the property was a
duplex and a home with an apartment and the Willows Townhouses were
located behind the property.
Mayor Pool then called for comments from those present and Ellis
Konsler, representing the Willows Homeowners' Association, appeared
before Council to state his opposition to the request. Mr. Konsler
expressed his concern that the smaller lots and smaller sized homes
which could be built on the lots might not be kept up properly
which would adversely affect the Willows property which was kept up
nicely. He then presented the Council a petition signed by the
Willows residents opposing the request.
There were no more public comments.
Council Member Turville then read Paragraph 3 of a letter from John
W. Stark, Trustee for the property located at 1419 Disston Avenue,
which opposed the request and stated: "When these property owners
bought this property they knew the zoning and accepted that zoning.
It is not the duty of the surrounding property owners to lower the
value of their property to benefit these owners asking for the
change in zoning." After reading the paragraph, Council Member
Turville stated that at the time the Willows was being developed
the subject property was left with enough square footage to keep
the R-1-A zoning with the rear yard line kept as a break between
the zones, and he did not feel that it was appropriate to change
this or make the street the dividing line between zones. He
further stated that if allowed, he believed the request to be down
zoning of the property.
Jack Sargent, Chairman of the Planning and Zoning Commission, who
was present in the audience, was asked the reason for the
Commission recommending approval of the request. Mr. Sargent
stated that the Commission felt the requested R-1 designation for
the property would offer a natural break between the R-1-A zoned
property on the south side of the street and the R-2 designated
Willows property.
Mayor Pool commented that two of the proposed lots exceeded the
square footage of R-1-A lot requirements and the remaining four
lots exceeded the minimum square footage requirements of the R-1
zoning designation.
Council Member Norquist, who is a building contractor by
profession, commented from a professional standpoint that a house
is built to sell and the lot size does not influence what is built
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on it. He then cited examples of large, expensive homes built on
smaller lots to make his point.
Mayor Pool asked Planning Director Harker his opinion of the
request. Mr. Harker stated that he would make the same
recommendation as he did to the Planning and Zoning Commission. As
to what would be built on the property or how it would be taken
care of would be a judgement call and you would not know what will
happen until the property is developed.
Council Member Ivey stated that he believed that Mr. Vander Meer
showed integrity by withdrawing his first request and then cited
examples of the types of "mixed uses" existing around the subject
property. He also stated that a larger home could be built on a
smaller lot because 40~ coverage is allowed.
After much discussion of the possible types of development which
might occur on the property, City Manager Saunders stated that you
cannot put conditions on a rezoning request. However, the owner of
the property could put deed restrictions on the property setting
certain standards for setbacks or square footage.
After some further discussion, Jay Vander Meer stated that he would
be willing to require 35' front yard setbacks and a minimum house
size of 1,200 square feet, in keeping with R-1-A requirements.
At this point City Manager Saunders commented that perhaps a 30'
front yard setback should be considered to' match the setback of the
home on the corner which was built prior to the current
requirements and is set back approximately 30~. It was pointed out
that smaller rear yards may require variances for screened rooms
porches, etc.
It was also pointed out that the lots would have to be replatted
and approved by the City Council.
92-021 A MOTION WAS THEN MADE BY COIINCIL MEMBER NOROIIIBT. SECONDED BY
COIINCIL MEMBER IVEY AND CARRIED BY A FOIIR TO ONE ROLL CALL VOTE
WITH COIINCIL MEMBER TURVILLE VOTING NAY TO ADOPT ORDINANCE 241-M
REZONING THE DESCRIBED PROPERTY FROM R-1-A TO R-1 IIRBAN
RESIDENTIAL. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL.
80LID WASTE
City Manager Saunders stated that he had met with the Lake County
League of Cities Committee this morning. As background
information, he recapped what had transpired concerning tipping fee
inequities. In December the City Council directed the City Staff
to start withholding 27~ of the tipping fees charged by Lake County
with the January billing, which was the percentage calculated by a
Committee of the League of Cities using the consultants reports
prepared for Lake County. However, since that time the County
proposed a 6$ credit, which was rejected by the League of Cities.
Subsequently a joint meeting was held with County Commissioner
Catherine Hanson, Lake County Staff and the League of Cities
Committee to try to find some common ground for the percentage of
inequity. A formula was agreed upon which would remove as many of
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MINLTT~S
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the uncertainties as possible, such as the estimated tonnage
amounts. The data used in the formula was put together by the Lake
County Staff and reviewed by the League Committee and was
presented at a joint meeting last week with Catherine Hanson, the
Lake County Staff and the League Committee present. The calculated
inequity under this formula was 20.3$. It was further reported
that during the meeting the County Staff began asking questions
regarding the formula and they indicated they had calculated the
inequity using another method counting only occupied homes instead
of all homes, and came up with a 13.5$ inequity. Because of the
new disagreement over figuring the inequity, the Committee rejected
this and decided that each City would have to make their own
determination.
Having brought the Council and those present up-to-date on the
meetings, Mr. Saunders stated that at this morning's meeting the
County Commission had requested that the cities hold off on
withholding any money at this time because they were in the process
of renegotiating a contract with Ogden-Martin for the incinerator
and withholding tipping fees could put the whole system in
jeopardy. The argument presented for holding off was that the
cities are now paying less than the $65/ton in tipping fees which
could have been enacted last October.
Council Member Turville, reiterated his position against the
incinerator and stated that maybe they should be in jeopardy
because due to the toxic waste coming from the incinerator, the
County will be required to retrofit the incinerator before they
even figure out how to pay for it.
Much discussion ensued concerning the inequities and expenses
involved with operating the incinerator. It was also mentioned that
the Tax Assessor's office would not collect any special assessment
for garbage collection on the yearly tax statements without a vote
of the people. If the county would bill it themselves, it would
cost approximately $400,000 to set up the system according to
County Staff.
It was also mentioned that during the past week the County
Commission again failed to make a decision and voted instead to
conduct a straw ballot the first Tuesday in March regarding
assessments for disposal and collection of garbage.
Mayor Pool then asked City Manager Saunders for his recommendation
as to what action the Council should take on this matter.
City Manager Saunders stated that although he agreed with what had
been said and he hated to back off at this point, but the County
has shown that they are trying to remedy the situation.
Council Member Ivey then stated that he believed that the issue
should be resolved now because it has been dragging on for more
than a year, and for more than four months the cities have been
talking about withholding the overpayment in tipping fees.
Mayor Pool then asked the Council if they believed that the County
was acting in good faith and if they did, should the City adopt a
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CITYOF CLERMONT
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position of working with them by not withholding the tipping fees
or if not, by standing our ground and withholding the tipping fees.
After some further discussion, it was the consensus of Council to
maintain its position of withholding the tipping fees. Considering
this, City Manager Saunders recommended that the City Council amend
the recommendation made last month from the 27$ withholding to
20.3$. It was explained that under this the City would also recoup
an amount equivalent to 20.3$ of the total tipping fees billed to
the City for the period March 1, 1991 through December 31, 1991.
The incinerator came on line March 1, 1991. In addition, once the
overpayment is recouped, future payments would be reduced 20.3$.
It was further explained that all amounts withheld would be placed
in a separate city escrow account.
A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL
92-022 MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO WITHHOLD AND PLACE IN
ESCROW AMOUNTS EQUIVALENT TO 20.3$ OF THE TOTAL TIPPING FEES BILLED
TO THE CITY FROM MARCH 1, 1991 THROUGH DECEMBER 31. 1991. IN
ADDITION TO THE 20.3$ FROM ALL FUTURE PAYMENTS.
NEW BUSINESS
INTRODUCTION OF ORDINANCE 242-M
Mayor Pool read the Ordinance by title only. City Manager Saunders
explained we now have an emergency ordinance in place that left our
sanitation rates at last year's level rather than imposing the $2
per month increase that was needed if the County raised the tipping
fee from $40 to $65/ton as they had indicated they would do as of
last October 1st.
He then recommended that the rate ordinance be changed to reflect
the prior charges, as included in the Ordinance. It was further
explained that when the County Commission finally decides to change
the rates, the City will recalculate any needed adjustment at that
time. Passage of Ordinance 242-M will eliminate the need to adopt
an emergency ordinance every sixty days.
92-023 A MOTION WAS MADE BY COUNCIL MEMBER IVEY AND SECONDED BY COUNCIL
MEMBER TURVILLE TO INTRODUCE ORDINANCE 242-M.
The final reading and Public Hearing for the Ordinance will take
place February 25, 1992.
RESOLUTION NO. 746
City Manager Saunders explained that this resolution will amend two
sections of the Personnel Policy regarding holiday pay. Under the
old policy an employee had to be classified as a permanent
employee, which means he must have completed his probationary
period before receiving holiday pay. This provision has been
eliminated, to allow employees to receive holiday pay during their
probationary time. The other provision that has been deleted
stated that an employee who missed fifteen days of work prior to a
holiday for any reason would not receive holiday pay. It is very
conceivable an employee could have approved annual or sick leave
prior to a holiday and should not be penalized for this.
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Approval was also requested to pay those employees who did not
receive their holiday pay this past Thanksgiving, Christmas and New
Year's holidays due to that provision.
Mayor Pool then called for comments and no one spoke in favor of or
in opposition to the proposed changes.
92-024 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY
COUNCIL MEMBER IVEY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO
ADOPT RESOLUTION #746 AND TO PAY THOSE EMPLOYEES WHO DID NOT
RECEIVE THEIR HOLIDAY PAY FOR THANKSGIVING. CHRISTMAS AND NEW
YEAR'S HOLIDAYS. The Resolution was read by title only by Mayor
Pool.
RESOLUTION NO. 747
Mayor Pool read the resolution by title only and explained that it
authorizes the City to apply for a Highway Beautification Grant.
City Manager Saunders thanked Karen Turville for her work on the
grant as Chairwoman of the Beautification Committee and explained
that the Committee has been working on a plan to landscape portions
of the Highway 50 and Highway 27 intersection, as well as the
medians on Highway 50 west of Twelfth Street. The grant, if
received would be a 50 - 50 matching grant in the amount of $5,954
with the City's share being in labor and maintenance.
Mayor Pool called for comments from those present and Council
Member Turville stated that he believed the City should do
something concerning the intersection even if we do not get the
grant because it has not been properly maintained by the Department
of Transportation and is becoming an eyesore.
92-025 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION NO. 747 AUTHORIZING THE CITY TO APPLY FOR A HIGHWAY
BEAUTIFICATION GRANT. The Resolution was read by title only by
Mayor Pool.
PUBLIC COMMENTS
PALATLARAHA RECREATION AREA TENNIS COURTS LIGHTS
Under this portion of the meeting it was brought up that the lights
at the new tennis courts were often on and no one was playing. It
was explained by City Manager Saunders that the timer was set for
one hour increments and at 10:00 p.m. the lights go off
permanently, no matter if the button was pushed at 10 minutes to
10:00 p.m. It was explained that the cycle could be shortened but
it takes a great deal of energy to bring the system up. However,
once it is on, it operates very efficiently.
PUBLIC WORKS FACILITY
City Manager Saunders reported that the new Public Works facility
was completed and the final inspection would be conducted in the
next day or so. He then mentioned that as previously discussed, an
Open House would be held possibly on February 8, 1992 from 9:00 to
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noon. The Council will be notified when the plans are finalized.
There being no further business or discussion, the meeting
adjourned at 9:00 p.m.
Robert A. Pool, Mayor
Attest: