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09-26-1989 Regular Meeting e e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, September 26, 1989 in the Council Chambers. The meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tern 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 McAllister 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 The minutes of the meeting held September 12, 1989 were approved as presented. REPORTS CITY MANAGER SAUNDERS. REPORT LEAGUE OF CITIES CONVENTION City Manager Saunders reported that the League's Annual Convention would be held October 12 - 14, 1989, and then stated that the Council needed to appoint Mrs. Dupee the City's Voting Delegate to the convention, since she would be the only person from the City attending. 89-132 A MOTION WAS MADE BY COUNCIL MEMBER TORVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED APPOINTING ANN DUPEE AS THE CITY'S VOTING DELEGATE TO THE OCTOBER LEAGUE OF CITIES CONVENTION. AMNESTY DAYS It was reported that Amnesty Days for the disposal of hazardous household wastes would be held October 14, 1989 in Groveland at the People's State Bank Parking Lot. Whatever container is used to transport the hazardous materials must be left at the collection si tee RAILS TO TRAILS It was reported that the fall meeting of Rails to Trails would be h.eld at 7:30 on Thursday, September 28, 1989 in the meeting room of the Leesburg Library. MONTROSE STREET WATER LINE REPLACEMENT PROJECT It was reported that the water line replacement project was ahead of schedule and that 300 feet of pipe had been laid that day. e e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -2- HEALTH INSURANCE WORKSHOP City Manager Saunders stated that a workshop meeting was needed to discuss the city's medical insurance policy for employees. After a brief discussion, it was the consensus of Council to hold the meeting at 6 :00 p.m. on Tuesday, October 10, 1989, immediately preceding next Council Meeting. COUNCIL MEMBER DUPEE'S REPORT RADAR FOR PATROL CAR Council Member Dupee stated that she had received a newsletter from former Ci ty Manager George Forbes, and it contained an article about a radar device that is mounted on an old pa trol car and displays a person's speed they are driving as they pass by. Mrs. Dupee stated that City should look into obtaining such a device and mounting it on one of the old patrol cars and placing it in various locations around the city to deter speeders. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mrs. Dupee imparted information concerning the denial of the Cocoa Comprehensive Plan by a hearing officer because of the lack of a future land use map for wetlands, and stated that the bottom line was the City of Clermont should keep on top of what is going on and be double diligent in the area of the Comprehensive Plan to make sure that it is approved by the State. COUNCIL MEMBER COLE'S REPORT Council Member Cole stated that the park being constructed on the old railroad right-of-way still needed more fill dirt. Ci ty Manager Saunders stated that the proj ect had not been completed and more fill is to be placed in the low area. MAYOR POOL'S REPORT APPOINTMENT TO PARKS AND RECREATION BOARD Cuqui Whitehead requested the appointment of R. Scott Wood, a Physical Education Teacher at the Junior High School, to the Parks and Recreation Board. Mayor Pool then appointed him to the board. PUBLIC HEARING FISCAL YEAR 1990 BUDGET Mayor Pool explained that this meeting would be the final hearing for the adoption of the ad valorem millage rate and budgets for all city funds for 1990. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -3- RESOLUTION NO. 626 - MILLAGE RATE Mayor Pool then explained that Florida Statutes require that the first issue discussed at this meeting be the percentage increase in millage over the rOlled-back rate necessary to fund the proposed budgets. He further explained that the millage rate was 2.429, the same as last year's rate and represents a 10.16% increase over the rOlled-back rate. Mayor Pool then read Resolution No. 626, which lists the purpose and uses of ad valorem proceeds, in its entirety. Mayor Pool called for comments fram those present and Nilsa Whitehead spoke in favor of the Resolution. 89-133 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 626 ADOPTING AN AD VALOREM MILLAGE RATE OF 2.429 FOR FISCAL YEAR 1989 - 1990. RESOLUTION NO. 627 - GENERAL FUND BUDGET Mayor Pool then explained that Resolution No. 627 would adopt the budget for the General Fund. The General Fund provides for the basic tax supported services of the City, which inClude pOlice and fire protection, maintenance of streets and sidewalks, parks and recreation, fleet maintenance, street lights, animal control, legal services and administration, as well as providing money for special activities, such as the library and recreation and beautification projects. Mayor Pool then called for comments from those present and no one spoke in favor of or in opposition to the General Fund Budget. 89-134 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 627 ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR 1989 - 1990. THE RESOLUTION WAS READ BY MAYOR POOL BY TITLE ONLY. The proposed General Fund Budget includes total revenues of $1,932,062, which is an increase of 6.7% over last year. Proposed expenditures are $1,970,954, or an increase of 6.4% over last year's budget. RESOLUTION NO. 628 - UTILITY REVENUE FUND BUDGET Mayor Pool explained that this fund provides for the City's water and sewer services. He then called for comments concerning this budget and no one spoke in favor of or in opposition to revenues and transfers totalling $1,892,000. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -4- 89-135 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 628 ESTABLISHING THE UTILITY REVENUE FUND BUDGET FOR FISCAL YEAR 1989 - 1990. THE RESOLUTION WAS READ BY MAYOR POOL BY TITLE ONLY. RESOLUTION NO. 629 - SANITATION FUND BUDGET Mayor Pool explained that the Sanitation Fund provides for garbage and trash collection in the City, and that revenues were projected to be $402,000 with expenditures of $403,754. At this time, the Ci ty proposes to continue to provide rear yard pickup wi th the monthly rate being increased from $9 to $12.50 due to the County increase in tipping fees from $12 per ton to $40 per ton. Mayor Pool called for comments fram those present and Robert "Bruce" Bryan questioned if the City gets into a recycling program would the residents still have to pay the higher rate. Mayor Pool answered that the higher rate would still have to be charged because of the projected cost of building the county solid waste incinerator now under construction. After a brief discussion concerning the, City's proposed 89-136 recycling/composting program, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 629 ADOPTING THE CITY'S SANITATION FUND BUDGET FOR FISCAL YEAR 1989 - 1990. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION NO. 630 - INFRASTRUCTURE FUND BUDGET Mayor Pool explained that this was the fifteen year one cent sales tax which was adopted by Lake County and it would generate projected revenues of $315,000 for next year, and approximately four million dollars to the City over the life of the tax. The tax is restricted to only infrastructure use. Expenditures for the year are projected to be $130,900. It was further explained that the fund would be used to repay the previously approved loan for the Twelfth Street Park, Police Department expansion, Public Works facility and City Hall. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the Infrastructure Fund Budget. 89-137 A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 630 ESTABLISHING THE INFRASTRUCTURE FUND BUDGET FOR FISCAL YEAR 1989 - 1990. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -5- RESOLUTION NO. 631 - CEMETERY PERPETUAL CARE FUND BUDGET Mayor Pool explained that this was a restricted fund with all sales proceeds of cemetery lots being deposited into it. The fund provides for perpetual care and maintenance of the cemetery. Mayor Pool continued by stating that the proj ected revenues for next year were $22,000 with $13,000 being transferred from the fund to the General Fund for cemetery maintenance and upkeep. Mayor Pool called for comments and there were none. 89-138 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 631 ESTABLISHING THE CITY' S CEMETERY PERPETUAL CARE FUND BUDGET FOR FISCAL YEAR 1989 - 1990. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION NO. 634 - TWELFTH STREET PARK FUND BUDGET It was explained that this was a new fund established this year to account for the development of the Twelfth Street Park. The budget indicates debt proceeds of $775,000 for development of Phase I. Mayor Pool called for comments concerning this budget and no one spoke. 89-139 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 634 ESTABLISHING THE CITY'S TWELFTH STREET PARK FUND BUDGET FOR FISCAL YEAR 1989 - 1990. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION NO. 635 - BUILDING CONSTRUCTION FUND BUDGET It was explained that this also was a new fund established to account for the proposed proj ects which include the new Public Works facility, expansion of the Police Department and remodeling or relocation of City Hall. Loan proceeds of $1,225,000 are designated for the projects. Mayor Pool called for comments and Nilsa Whitehead asked if the infrastructure tax monies received by the City were being used to repay this loan. Finance Director Van Zile stated that this was correct, but that all infrastructure tax monies would not be expended to repay the loan. There were no more questions or comments from those present. 89-140 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 635 ESTABLISHING THE CITY'S BUILDING CONSTRUCTION FUND BUDGET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -6- VISITORS WITH BUSINESS BUD MEADOWS - RESOLUTION #636, CHURCH OF LATTER DAY SAINTS Bud Meadows, owner of Sunnyside Plaza, appeared before Council and explained that the original Condi tional Use Permit, which was granted for the church to be located in Sunnyside Plaza, would expire on October 10, 1989 and he was requesting that it be extended to allow the church to remain in the shopping center until October 10, 1993. City Manager Saunders stated that the Planning and Zoning Commission at their meeting held September 5, 1989, had recommended a one year extension to the Conditional Use Permit and Resolution #636 reflects that recammendation. Mr. Meadows continued by stating that the Church members were excellent tenants and the 500' ordinance concerning alcoholic beverage did not bother him as owner of the shopping center. He then asked for a two year extension of the Conditional Use Permit if the four year extension was not being considered. Much Council discussion ensued concerning the ordinance regulating the locating of a church within 500' of an establishment selling liquor for, on-site consumption. The concern was that churches locating in shopping centers would prevent future commercial development of restaurants wishing to establish and sell liquor within 500' of the church. In the case of Sunnyside Plaza, the owner is not bothered by the rule, and no other commercial development would be affected. The existing Capri Restaurant is not affected, and a new owner would not be affected as long as the business did not cease operation for more than one year. After some further discussion of the problem, Ci ty Attorney advised that the City needs to amend its ordinance to reflect that a church choosing to locate in a commercial/business district will not come under the 500' rule, and this would alleviate the problem. It was the consensus of Council that the ordinance be amended and advised City Manager Saunders to instruct City Staff to do so. Mayor Pool called for other comments and no one spoke in favor of or in opposition to the extension of the Conditional Use Permit. 89-141 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 636, AS AMENDED, GRANTING AN EXTENSION TO A CONDITIONAL USE PERMIT TO ALLOW THE CHURCH .OF THE LATTER DAY SAINTS TO REMAIN IN THE SUNNYSIDE PLAZA UNTIL OCTOBER 10, 1991. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. REVEREND BRUCE STEWART - RESOLUTION #637, OPEN DOOR BAPl'IST CHURCH Reverend Stewart appeared before Council to request a Conditional e' e CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -7- Use Permit to establish a church at 1295 West Highway 50, which is the building formerly occupied by Subscribers' Systems. Reverend Stewart stated that he would like a five year Conditional Use Permit because the congregation had a five year lease with an option to buy on the building and he did not want to be forced from the building if the Council chose not to renew the CUP in less than five years. Reverend Stewart also stated that he would be willing to sign a document stating that because the church was locating in a commercial district, it would have no problem with an establishment selling liquor for on-site consumption locating within less than 500' of the church building. City Manager Saunders pointed out as in the previous request, the City's ordinance dealing with the sale of alcoholic beverages for on-si te consumption was al so an issue in this case because the proposed church building is located adj acent to Emerald Plaza Shopping Center. The existing Spiro's Restaurant is in excess of 500' from the church, and the only portion of the shopping center effected by the ordinance would be the grocery store, which does not have on-site consumption. It was explained by City Manager Saunders that the church was also requesting a variance to allow grass parking for thirty-seven parking spaces, and that there was an existing thirteen paved spaces. It was pointed out, that as indicated in Mr. McAllister's memo, there was some concern wi th parking spaces numbered 39 through 50 on the site plan. In the times of heavy rain, these spaces may be difficult to use because of the existing drainage into this area. However, in the past, the Council has allowed grass parking for a portion of the required spaces for churches, the request is reasonable for this site. Mayor Pool called for comments and no one spoke in favor of or opposition to the request. A letter was read from General Development Corporation, the owners of the shopping center, stating that they opposed the request if it would in any way hinder prospective businesses from locating in the shopping center. It was mentioned that the Planning and Zoning Commission had recommended approval of this request. 89-142 A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 637 GRANTING A TWO YEAR CONDITIONAL USE PERMIT TO THE OPEN DOOR BAPTIST CHURCH TO ESTABLISH A CHURCH AT 1295 WEST HIGHWAY 50. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. MARGIE ROWE - RESOLUTION #638, REQUEST FOR A CUP TO EXPAND A NON- CONFORMING MULTI-FAMILY RESIDENCE AT 872-74 MINNEOLA AVENUE Mayor Pool asked if anyone was present representing Ms. Rowe. No e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -8- one was, so Ci ty Manager Saunders explained that she was requesting a permit for expansion of a non-conforming multi-family residence at 872-74 Minneola Avenue, located across from the Post Office. Mr. Saunders further explained that the existing property was non- conforming in five areas of the city code, and the applicant wished to add on a 7' 10" x 9' addition to the northwest corner of the building. Al though this would be an addi tion to a non- conforming use, we feel that if we can bring the property up to code in all the areas listed in the conditions for the CUP, it would be in the best interest of the community to allow the small addition. As listed, the conditions would require the entire parcel and both buildings to be inspected and brought up to all building, housing and site codes. Also included would be the driveway being constructed to code, the required parking being provided, as well as the perimeter and interior landscaping requirements being met. The Planning and Zoning Commission recommended approval of the request, subject to the conditions as stated. Under discussion of the request it was pointed out that the numerous code violations existed on the property because it was II gr andf a thered in II . Council Member Norquist questioned, because no o~e was present to represent Ms. Rowe, whether she was aware of the conditions and the cost involved to bring the building up to code. City Manager Saunders stated that she was aware of this, but that she had not been present at the Planning and Zoning Commission meeting either. 89-143 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER ,DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THIS REQUEST UNTIL SUCH TIME AS CITY MANAGER SAUNDERS MEETS WITH MS. ROWE AND PLACES THE ITEM BACK ON THE AGENDA. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 208-M, AMENDING SANITATION RATES Mayor Pool explained that as previously discussed when the Sanitation Fund Budget was adopted, this ordinance would increase our customer rates for sanitation service. This increase is necessary due to the County's increase in landfill tipping fees from $12 to $40 per ton, which will become effective October 1st of this year, and increase the City's cost for disposal from $45,000 to. approximately $160,000 per year. Under discussion of the proposed ordinance, it was pointed out that the new rates will prOVide necessary funds for the Sanitation Fund to break even in Fiscal Year 1990. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -9- 89-144 After the discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ADOPT ORDINANCE 208-M AMENDING THE CITY'S SANITATION RATES. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. NEW BUSINESS INTERLOCAL AGREEMENT WITH LAKE COUNTY AND THE CITIES FOR APPLICATION AND USE OF 1989-90 SOLID WASTE MANAGEMENT FUND RECYCLING GRANT City Manager Saunders explained that Lake County was requesting all cities to execute an interlocal agreement for application and use of the Solid Waste Management Fund Recycling Grant. In April interloc~l agreements were signed by all the cities in Lake County for the initial grant and all those monies went to the County for various p.spects of' the proposed recycling program and public education for a recycling program. Mr. Saunders continued by stating that the new interlocal agreement, as well as the grant request, indicates that should a city desire to start their own recycling project, funds will be distributed to that city from the grant on a pro rata share per capita. It is estimated that the City of Clermont will receive between $7,000 and $10,000 as our share, if we choose to begin our own recycling or composting proj ect. The agreement stipulates that a city must notify the county within thirty days of the execution of the agreement if they plan to begin their own recycling or composting program with monies for the program being reimbursed as documentation of approved expendi tures are submitted. These expenditures can be for educational programs, equipment or operation of the system. City Manager Saunders then recammend that the City execute the agreement at this time, and notify the County of our intent to begin our own program within the city limits of Clermont. After a brief discussion of the City's proposed Composting Program, 89-145 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO EXECUTE THE SOLID WASTE MANAGEMENT FUND RECYCLING GRANT AGREEMENT WITH LAKE COUNTY BUT ASK FOR THE CITY. S SHARE OF THE GRANT MONEY TO BEGIN ITS OWN PROGRAM. CHANGE ORDER #1 - SEWER SYSTEM AERATION Ci ty Manager Saunders explained that Change Orq,er #1 involved changes to the City's Sewer Aeration System and included phase protection in the amount of $2,875, a cost of $1,911 to repipe certain lift stations due to ledges being in the way of construction, and pressure relief valves in the amount of $1,567 bringing the total of the Change Order to $6,353. e 'e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1989 PAGE -10- 89-146 After a brief discussion of the Change Order, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDER #1 FOR THE SEWER AERATION SYSTEM PROJECT IN THE AMOUNT OF $6,353. City Manager Saunders stated that a budget amendment would be needed for this change order wi th funds being taken from Sewer Fund Reserves and Placed in the Sewer Capital Outlay Fund. 89-147 A MOTION WAS MADE BY COUNCIL MEMBER TORVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED ADOPTING A BUDGET AMENDMENT TAKING $6,353 FROM SEWER FUND RESERVES AND PLACING IT IN THE CAPITAL OUTLAY - SEWER FUND. INTRODUCTION OF ORDINANCE 209-M It was explained that this ordinance would annex property located south of the existing city limits on Highway 27 and adjoins the property the same owner annexed into the City several months ago. Mr. Saunders located the subject property on the aerial photo for those present. The owner is also requesting a rezoning of the property from Rural Residential to Commercial and this request will be heard next month by Council. 89-148 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER NORQUIST TO INTRODUCE ORDINANCE 209-M. RESOLUTION #639 Mayor Pool explained that this Resolution opposed the locating of a landfill in South Lake County and then read the Resolution in its entirety. A Mr. and Mrs. Davis and a Mr. Kittle and his family who were present in the audience also stated their opposition to the locating of a landfill in South Lake County. Mrs. Whitehead stated that she favored the Resolution. 89-149 After the discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. 639 OPPOSING THE LOCATING OF A LANDFILL IN SOUTH LAKE COUNTY. The Council directed City Manager Saunders to send the Resolution to County Commissioner Swartz and request that it be read into the record. City Manager Saunders stated that he would do so. There being no further business or discussion, the meeting adjourned at 9:00 p.m. _~ c;1~ Robert A. Pool, Mayo~ Attest: