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08-28-1990 Regular Meeting• ii CITY OF CLERMONT MINUTE REGULAR COUNCIL MEETING AUGUST 28, 1990 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, August 28, 1990 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 Dupee and Council Member Norquist. 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 Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES There were no minutes for approval as they were not completed. REPORTS CITY MANAGER SAUNDERS' REPORT It was reported that there would be a Special Council Meeting on Wednesday, September 12, 1990 to hold the first Public Hearing on the proposed millage rate and budget. The meeting will take place at 7:30 p.m. in the Council Chambers. LAKE COUNTY WATER AUTHORITY It was reported that the Water Authority meeting would be held Wednesday, August 29, 1990 at 5:30 p.m. at their building in Tavares. Recent land acquisitions will be discussed, including the purchase of Flat Island. On the 15th of September there will be a tour of the property beginning at 9:00 a.m. Those interested should meet at the entrance to the property. PRELIMINARY CENSUS POPULATION FIGURES City Manager Saunders stated that the preliminary figures from the Census Bureau show Clermont's population to be 6,874, which indicates a 26$ increase over the past ten years. The City has f fifteen days to review the data and either accept or reject the figures. FUTURES FORUM Anyone wishing to attend the Futures Forum on November 16, 1990 was asked to contact Julie by Tuesday, September 6, 1990. This is an all day workshop sponsored by the League of Cities and the University of Central Florida. L~ CdTYOF CLERMONT ~~~~~-S REGULAR COUNCIL MEETING AUGUST 28, 1990 PAGE -2- AMNESTY DAYS It was reported that Amnesty Days for hazardous would be held on Wednesday and Thursday, September 10:00 a.m. to 4:00 p.m. at the Astatula Landfill household wastes 5th and 6th from site. BICYCLE RIDE SPONSORED BY THE AMERICAN LUNG ASSOCIATION It was reported that the American Lung Association was requesting Council permission to use Jaycee Beach as the staging area for a bicycle ride on Sunday, December 2, 1990. Between 250 and 300 riders are expected to participate. WASHOUT PROBLEMS ON BLOXAM AVENUE AND PITT STREET It was explained that the section of Pitt Street at the Bloxam Avenue intersection, which had experienced a severe washout had been repaired but 650 feet of Bloxam Avenue and 800 feet of Disston Street north from their intersection with Pitt Street needed to be overlayed due to severe cracking and the f act that another heavy rain could wash of this area. Mr. Saunders stated that he viewed this as an emergency situation and the City could have the work done by Prairie Construction, the contractor who is building the new section of Disston Street by extending their existing contract in the amount of $9,000. It was further explained that the $9, 000 could be pulled from various line items in the existing budget and that money had been budgeted in fiscal year 1991 budget for work on the intersection. 90-152 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO PROCEED WITH THE OVERLAY WORK BY EXTENDING THE CONTRACT WITH PRAIRIE CONSTRUCTION IN THE AMOUNT OF $9.000. FINANCE DIRECTOR VAN ZILE'S REPORT PENSION BOARD MEETING Finance Director Van Zile stated that if there were no Council objections, a Board of Trustees Meeting of the Pension Board would be held on Tuesday, September 11, 1990 at 7:00 p.m., immediately preceding the regular council meeting. It was the consensus of Council to hold the meeting at that time. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee gave a brief report on the upcoming Labor Day Celebration and the Leukemia Fund-Raiser scheduled for September 22, 1990. .. CITY OF CLERMONT ~~~~~~ REGULAR COUNCIL MEETING AUGUST 28, 1990 PAGE -3- COUNCIL MEMBER NORQUIST°S REPORT RAILS TO TRAILS MEETING Council Member Norquist gave a brief report on the upcoming Rails to Trails meeting to be held at the Highlander Hut on Thursday at 9:00 a.m. Representatives from the Department of Natural Resources will be present for the presentation. COUNCIL MEMBER TURVILLE°S REPORT COUNCIL CHAMBERS' FLAG Council Member Turville stated that he felt that the City should purchase a new flag for the Council Chambers considering the deplorable condition of the one being displayed. City Manager Saunders stated that he would take care of the matter. NILSA WHITEHEAD'S REPORT Mrs. Whitehead presented a brief overview of the City's Summer Recreation Program. She also stated that she would like to hold another flag disposal ceremony at Veterans' Park in conjunction with Veterans' Day in November. Mrs. Whitehead also commented on the new ducks at Center Lake. They replaced the white swans when it was discovered that they could fly. MAYOR POOL'S REPORT Mayor Pool reminded those present of the open house at the Junior High School on September 6, 1990. A catered dinner from the Olive Garden will be held from 6 - 7:00 p.m. Tickets are $2.00. Mayor Pool also reported that he had received numerous complaints since the City went to front yard garbage collection. He commented that several people had told him they would be willing to pay any amount of money to continue with the rear yard pick up. A brief discussion ensued concerning the new garbage collection procedure. VISITORS WITH BUSINESS CLERMONT PELICAN - RESOLUTION #688, REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND USE TO INCLUDE ICE CREAM PARLOR Mayor Pool explained that the applicant was requesting a Conditional Use Permit to convert the existing building located on the south portion of the property to an ice cream parlor. Previously the building had been used as an office. ® • CITYOF CLERMONT ~~~~~~ REGULAR COUNCIL MEETING AUGUST 28, 1990 PAGE -4- Mayor Pool called for comments and no one spoke in favor of or in opposition to the request. City Manager Saunders then explained that the site had adequate paved parking and the applicant has agreed to upgrade the landscaping (condition #4) and water retention on the site in order. to bring the site closer into compliance with existing codes, specifically landscape codes. The sidewalk along Seventh Street will be reconstructed due to the poor condition of the existing sidewalk. It was reported that the Planning and Zoning Commission recommended approval of the request with the stated conditions. 90-153 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER RUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #688 WITH THE CONDITIONS AS STATED. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. VISITORS WITH BUSINESS 90-154 REVEREND EDWARD IVEY - RESOLUTION #676, REQUEST FOR A CONDITIONAL USE PERMIT FOR EXPANSION OF THE CHURCH OF GOD LOCATED AT 100 NORTH GRAND HIGHWAY City Manager Saunders stated that Reverend Ivey had requested that this request be tabled. A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL ' MEMBER RUPEE TO _TABLE RESOLUTION #676 UNTIL THE NEXT COUNCIL MEETING. LEASE AGREEMENT - PROPOSED LEASE OF THE BEAVER HOUSE TO THE SOUTH LAKE MINISTERIAL ASSOCIATION FOR IISE AS THE NEIGHBORHOOD CENTER It was explained by City Manager Saunders that this item was tabled from the July 24, 1990 agenda at the request of Reverend Ed Ivey who is representing the South Lake Ministerial Association and again from the August 14, 1990 agenda. The agreement would lease the city owned property known as the "Seaver House" (856 W. Montrose Street) to the Ministerial Association for use as the Neighborhood Center. Reverend Ivey, who was present, commented that the Ministerial Association could not get fire insurance, as stipulated in the lease, and asked if they could be included under the city's blanket coverage and reimburse the city. He then asked for more time to make the decision to sign the lease agreement. • CITYOF CLERMONT ~~UT~~ REGULAR COUNCIL MEETING AUGUST 28, 1990 PAGE -5- 90-155 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GIVE THE MINISTERIAL ASSOCIATION AN ADDITIONAL FORTY-FIVE DAYS TO DECIDE IF THEY WISHED TO EXECUTE THE LEASE AGREEMENT FOR USE OF THE BEAVER HOUSE AT 856 WEST DESOTO STREET AS THE NEIGHBORHOOD CENTER. FINAL READING OF ORDINANCE 226-M Mayor Pool read the ordinance by title only and explained that the owner of the property described as Sunnyside Unit, Lots 7 and 8, Block 2, which is located at 310 Almond Street, has requested a rezoning f rom R-2 Residential to R-3A Residential/Professional. A single family home is located on the property and the applicant proposes to convert the home to a professional office should the rezoning be approved. If approved, a Conditional Use Permit will be required following the rezoning to convert the house into an office. It was reported that the Planning and Zoning Commission had recoanmended approval of the rezoning. Mayor Pool then called for comments from those present and no one spoke in favor of or in opposition to the request. 90-156 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 226-M REZONING SUNNYSIDE UNIT, LOTS 7 AND 8, BLOCK 2, FROM R-2 RESIDENTIAL TO R-3A RESIDENTIAL/PROFESSIONAL. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 266-C City Manager Saunders explained that this ordinance would amend the Public Service Tax on electricity, metered or bottled gas and fuel oil from the current 8.5$ to 10$, as discussed at the Budget Workshop. Council Member Turville pointed out that this change would generate approximately an additional $45,000 to the General Fund for the 1991 Fiscal Year Budget. Mayor Pool read the ordinance by title only and called for comments from those present. No one spoke in favor of or in opposition to the proposed change. 90-157 After a brief discussion of the ordinance, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 266-C INCREASING THE PUBLIC SERVICE TAX ON ELECTRICITY, METERED OR BOTTLED GAS AND FUEL OIL FROM 8.5$ TO 10$. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODUCTION OF ORDINANCE 268-C ~~~~~~ Mayor Pool read this ordinance by title only. City Manager Saunders then explained that the ordinance would establish a stormwater management utility whose two main purposes would be to provide protection from f looding and to protect and improve the quality of Clermont's lakes system. REGULAR COUNCIL MEETING AUGUST 28, 1990 PAGE -6- NEW BUSINESS Much discussion ensued concerning the objectives and implementation of this ordinance. It was further explained that the resolution with the fee rate structure would be presented with the final reading of this ordinance on September 11, 1990, and the utility would go into effect on October 1, 1990. 90-158 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 268-C. THE ORDINANCE WAS READ BY MAYOR POOL BY TITLE ONLY. INTRODUCTION OF ORDINANCE 269-C 90-159 City Manager Saunders explained that this ordinance would amend the code ordinance that deals with the public service tax on utilities to include a service tax on potable water. It was explained that the~City can assess up to a 10$ tax on the water utility, and the proposed tax on water is 5$, as discussed at a Budget Workshop. MEMBER TURVILLE TO INTRODUCE ORDINANCE READ BY TITLE ONLY BY MAYOR POOL. A MOTION WAS MADE BY COUNCIL MEMBER ~ INTRODUCTION OF ORDINANCE 227-M CITYOF CLERMONT • AND SECONDED BY -C. THE ORDINANCE WAS It was explained that this ordinance introduces the rate change necessary in our Sanitation Department to meet the increasing costs in providing solid waste service. The current fee is $12.50 per month and this ordinance will increase the fee to $14.50 per month with front yard pick up. 90-160 After a brief discussion of the reasons for the increase, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE--AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 227-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #687 - PROPOSITION #3 Mayor Pool explained that the Florida League of Cities had requested that all cities in the State adopt a resolution supporting Constitutional Amendment #3, which will be on the November ballot. He further explained that the amendment would give counties and cities the ability to decline unfunded State • • CITY OF CLERMONT MINUTES 90-16T REGULAR COUNCIL MEETING AUGUST 28, 1990 PAGE -7- programs and services otherwise known as mandates. If the State mandates that a local government implement a new program, it should. provide the funding for that program. In conclusion, Mayor Pool stated that due to the complexity of the language of the amendment, it was important that cities and counties urge their residents to vote "Yes" for Amendment #3. After a brief discussion COUNCIL MEMBER DUPEE, UNANIMOUSLY CARRIED BY RO 'ALL VOTE TO ADOPT RESOLI The Council thanked Mrs. Dupee for her work on the Lake County League of Cities Speakers Tour to educate the citizens of Lace County on Amendment #3. MAYOR'S PROCLAMATION At this point in the meeting Mayor Pool read a proclamation proclaiming the upcoming election for Council Seats Groups I, III, and V. It was reported that qualifying for the election will begin on August 31, 1990 and end Monday, September 17, 1990 at 5:00 p.m. Should more than two people qualify for any one seat, there will be a primary election on October 2, 1990, with the General Election following on November 6, 1990. CITY MANAGER SAUNDERS' REPORT City Manager Saunders stated that he overlooked a part of his report, and stated that the Kiwanis Club was asking Council permission to use Jaycee Beach on Saturday, December 8, 1990 for their annual Lighted Boat Parade. In case of rain the parade will be held on December 9, 1990. It was the consensus of Council to approve the request. There being no further business or discussion, the meeting adjourned at 9:00 p.m. Robert A. 0 1, Mayor Attest: J Van Z 1 City Clerk of Amendment #3, A MOTION WAS. MADE BY SECONDED BY COUNCIL MEMBER COLE AND