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08-13-1991 Regular Meeting.. • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1991 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 13, 1991, 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, Council Member Norquist and Council Member Dupee. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Harker, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Reverend Edward Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held July 23, 1991, and the Workshop Meetings held July 18 and 24, 1991 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT FLORIDA LEAGUE OF CITIES CONVENTION It was reported that the Council needed to appoint Council Member Dupee as the City's Voting Delegate to the convention being held in Tampa on August 21 - 24, 1991. 91-135 A MOTION WAS MADE HY COUNCIL MEMBER TURVILLE SECONDED HY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED APPOINTING COUNCIL MEMBER DUPEE TO THE LEAGUE OF CITIES CONVENTION. REQUEST TO USE CITY LOGO It was reported that the City had received a request from Robert Ellrodt to use the city logo on silk screened t-shirts he planned to sell during the Labor Day Festivities at Jaycee Beach. It was further explained that other area scenes, such as the Citrus Tower, will be placed on the shirts with the logo. Mayor Pool stated that in the past it had been the City's policy not to allow the use of the logo by private enterprises. Council Member Norquist stated that he was under the impression that use of a logo by a private individual meant automatic endorsement of the item being sold and believed that the City did not want to get involved in this type of arrangement. 91-136 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, SECONDED HY COIINCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DENY IISE OF THE CITY LOGO BY A PRIVATE ENTERPRISE. LAKE COUNTY LEAGOE OF CITIES MEETING It was reported that the League of Cities has hired two attorneys to look into deals struck between the County and the cities for • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1991 PAGE -2- garbage disposal. It seems that when the cities signed their agreements with the county to deliver garbage to the incinerator, some of the agreements called for the county to impose mandatory collection in the unincorporated areas of the county, which has failed to materialize. Due to the discrepancies between the various agreements, it appears that the city and county residents are paying a disproportionate share of the costs for garbage incineration. City Manager Saunders pointed out that the City of Clermont had no signed agreement with the County because the City wrote its own agreement, which the County did not honor. Mayor Pool then questioned the different fees being charged to the cities. City Manager Saunders explained that the tipping fees were not the same for everyone and some outsiders were being charged as low as $16/ton because the County needs their garbage to operate the incinerator. The City of Clermont and the other cities in the County pay $40/ton. A great deal of discussion ensued concerning the rate 91-137 discrepancies, after which A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY MAYOR POOL TO DECREASE THE CITY~B MONTHLY PAYMENT OF TIPPING FEES TO THE COUNTY UNTIL THE 510,000+ IT OVERPAID IS EXPENDED. At this point some further discussion ensued concerning whether the city should continue making any payment to the County until the overpayment is expended. City Attorney Baird advised not paying any tipping fees until the overpayment is expended. The previous 91-138 motion and second were withdrawn, and A MOTION WAS THEN MADE BY THE COUNTY UNTIL THE $10,000+ OVERPAYMENT IS EXPENDED. Council Member Turville then questioned whether Welton Cadwell, President of the League of Cities, was aware that one of the partners in the law firm retained by the League of Cities to investigate the garbage agreements with the County is associated with an attorney who was previously involved in the incinerator negotiations with the County. Some discussion of this matter 91-139 ensued and A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER DUPEE THAT THE LEAGUE OF CITIES BE NOTIFIED OF THE INVOLVEMENT OF THE LAWYER WITH THE INCINERATOR NEGOTIATIONS. After some further discussion, the motion and second were withdrawn 91-140 and A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOIISLY CARRIED THAT WELTON CADWELL PRESIDENT OF THE LAKE COUNTY LEAGUE OF CITIES BE NOTIFIED OF THE CITY~S CONCERN. City Manager Saunders stated that he would call Mr. Cadwell the next morning and notify him of the concern. CITYOF CLERMONT RESOLUTION REGULAR COUNCIL MEETING AUGUST 13, 1991 PAGE -3- LEAGIIE OF CITIES GOLF TOIIRNAMENT It was reported that there would be a League of Cities would be sponsoring a Golf Tournament on Saturday, September 21, 1991, at the Belle Vista Golf Course. Those in attendance were urged to form a foursome and participate. CHAMBER OF COMMERCE REQIIEST - LABOR DAY CELEBRATION Carole Wayte, Executive Director of the Chamber of Commerce, appeared before Council and explained that the Chamber would like to conduct bingo games for the older residents of Clermont during the Labor Day Celebration. Lillian Conoway, who conducts bingo for the Moose Lodge, would be in charge of the games. It was also stated that one of the local ministers had been asked if he would object to bingo being played and he had stated that his church did not believe in playing the game, but if others wanted to participate, he would have no problem. In order to be able to conduct the bingo games and to comply with Florida Statutes, the Council would have to pass a Resolution granting approval to conduct bingo games on city owned property. She then asked the Council if they would pass such a Resolution. Mrs. Wayte then presented a synopsis of the events planned for Labor Day weekend. Much discussion of the request ensued. Council Member Turville stated that he believed that bingo was not an appropriate family day activity. Mayor Pool stated that he had no problem with bingo as long as children under the age of 18 were kept out of the playing area. Council Member Dupee stated that she attended a city sponsored festival in Washington state where bingo was played and had a very enjoyable time. If properly monitored, she saw no problem with allowing the game to be played. At this point, it was brought up that a travel agency wished to conduct a cardboard horse race during the weekend. It was the consensus of Council that this would not be allowed. Wanda Andrews, representing Park Pals, Inc., then requested that they be allowed to sell tickets of chance on Labor Day weekend for participation in Cow Chip Bingo, one of the group's main fund raising events for the park. Mrs. Anderson then explained the intricacies of the game and asked if it was the same as regular bingo, if it could be played on municipal property and if the cow could be present when the tickets were sold. After some more discussion of the propriety of playing bingo on city owned property, Mrs. Wayte then requested that some determination be made tonight concerning the request. Ed Ivey, Pastor of the Clermont Church of God and who was present in the audience, stated that he had not been contacted concerning his feelings on bingo and was very much opposed. He also stated that he felt there would be opposition from the community and other churches due to Clermont's conservative nature. Council Member Norquist stated that he believed that before any decision could be made, the City would have to get input from the .. • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1991 PAGE -4- community. At this point in the discussion, it was decided to conduct a Special Council Meeting on Monday, August 19, 1991 at 7:00 p.m. to discuss all of the requests. However, some further discussion ensued and it was the consensus of Council that the game Mrs. Andrews was not bingo and that she should meet with City Attorney Baird to discuss how her fundraiser could be conducted. It was determined that the actual game did not have to be conducted on city owned property. The Chamber of Commerce representatives who were present then withdrew their request to conduct bingo because of the negative response the request had generated and the Special Meeting was cancelled. TENNIS COURT SIGNS Council Member Norquist questioned the wording on signs that had been placed at the tennis courts because he had received some complaints from non-residents. City Manager Saunders stated that the signs limited use of the courts to property owners, business owners and residents of the City of Clermont as directed by Council. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 230-M - ADOPTION OF THE COMPREHENSIVE PLAN City Manager Saunders explained that this was the final public hearing and adoption of the Comprehensive Plan, which will be submitted to the Department of Community Affairs following the adoption. It was further explained that the Planning and Zoning Commission sitting as the Local Planning Agency reviewed the plan at their meeting held Tuesday, August 6, 1991, and by unanimous vote recommended adoption to the City Council. City Manager Saunders then thanked Planning Director Harker for his hard work in putting together the plan and the Council for all of their diligent work. Mayor Pool called for comments from those present and on one spoke in favor of or in opposition to the plan. 91-141 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 230-M ADOPTING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. HOARD APPOINTMENTS City Manager Saunders explained that this item was tabled from the previous Council Meeting, and there were two openings, one for the Planning and Zoning Commission and the other for the Code Enforcement Board. He further explained that two requests for consideration of appointment to the Planning and Zoning Commission CITY OF CLERMONT MINUTES • REGULAR COUNCIL MEETING AUGUST 13, 1991 PAGE -5- were received, one Robert Ellrodt. from Mr. Wendell McDannel and one from Mr. Council Member Dupee stated that she had spoken to Dorothy McGriff and she would like to serve on the Code Enforcement Board. 91-142 A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST AND SECONDED BY COUNCIL MEMBER DUPEE TO APPOINT WENDELL MCDANNEL TO THE PLANNING AND ZONING COMMISSION AND DOROTHY MCGRIFF TO THE CODE ENFORCEMENT BOARD. After a brief discussion as to the appropriateness of making the motion to include both nominations, the motion and second were withdrawn. 91-143 A MOTION WAS THEN MADE _BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO APPOINT DOROTHY MCGRIFF TO THE CODE ENFORCEMENT BOARD. 91-144 A MOTION WAS MADE BY COIINCIL MEMBER NOROUIST TO NOMINATE WENDELL MCDANNEL TO THE PLANNING AND ZONING COMMISSION. AND COUNCIL MEMBER TURVILLE NOMINATED ROBERT ELLRODT. THE NOMINATIONS WERE THEN CLOSED. MAYOR POOL CALLED FOR THE VOTE AND WENDELL MCDANNEL WAS UNANIMOUSLY APPROVED TO SERVE ON THE PLANNING AND ZONING COMMISSION. NEW BUSINESS INTRODUCTION OF ORDINANCE 232-M Mayor Pool explained that this ordinance will introduce the annexation of a small strip of property located on Mohawk Road, just west of the OHM Corp. property. 91-145 A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 232-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODUCTION OF ORDINANCE 231-M It was explained that this ordinance will introduce the annexation of an approximate ten acre parcel located on Mohawk Road, west of the property annexed in Ordinance 232-M and was being requested by Florida Power Corporation. 91-146 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 231-M. THE ORDINANCE WAS READ BY TITLE ONLY. INTRODUCTION OF ORDINANCE 233-M City Manager Saunders explained that this ordinance will rezone the Florida Power property introduced for annexation in Ordinance 231- M, and that all property annexed into the city limits is annexed as R-R Rural Residential. Florida Power is requesting that the property be rezoned to M-1 Light Manufacturing. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1991 PAGE -6- Ray Gilly, District Manager of Florida Power, and Victoria Beucher, Land Agent of Florida Power's Real Estate Department, were present. Ms. Beucher displayed a site plan of the proposed project and explained that a 5,000 square foot building and outdoor storage facility would be constructed on one-half of the property. The office will remain in downtown Clermont, but all other operations will be located at the new facility. 91-147 After the presentation, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 233-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #727 - PRELIMINARY IITILITY FUND BUDGET It was explained that the City's Bond Ordinances require that the a preliminary Utility Fund Budget be adopted forty-five days prior to the end of fiscal year, with the final budget to be considered and adopted in September. It was further explained that the figures in the preliminary budget were based on the proposed rate increases discussed during the Budget Workshops, which include increasing the base bill for water 25 cents and 5 cents on the cost per 1, 000 gallons, which would bring the minimum bill for the first 3,000 gallons of water to $4.00 and the cost for each additional 1,000 gallons of water from 85 cents to 90 cents. The sewer rate will increase from $13.50 per month to $14.50 with a similar percentage increase on the cost per 1,000 gallons after the first 3,000 gallons. 91-148 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #727 ADOPTING A PRELIMINARY IITILITY FUND BUDGET FOR FISCAL YEAR 1992. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. SCHOOL IMPACT FEES City Manager Saunders explained that there was some question concerning the wording of the amendment to our existing Interlocal Agreement between Lake County and the City of Clermont, which allows for the collection of an impact fee for school systems, which the County began collecting on August 1, 1991. It was further explained that the City Attorney had been on vacation and more time was needed to study the agreement. City Manager Saunders then asked that the discussion of the agreement be tabled until the August 27, 1991 meeting. 1-149 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED TO TABLE THE SCHOOL IMPACT FEES AMENDED INTERLOCAL AGREEMENT UNTIL THE AUGUST 27 1991 COUNCIL MEETING. BID AWARD - HAY CROP OPERATION AT SPRAYFIELD City Manager Saunders reported that no bids were received for the hay crop operation at the sprayfield and that the City would need to rebid the project. • MINiJTES CITYOF CLERMONT REGULAR COUNCIL MEETING AUGUST 13, 1991 PAGE -7- 91-150 A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED FOR THE CITY TO RE-ADVERTISE AND REBID THE SPRAYFIELD HAY CROP OPERATION. Attest: There being no further business adjourned at 9:05 p.m. • or discussion, the meeting Robert A. Pool, Mayor