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08-22-1989 Regular Meeting e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 1989 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, August 22, 1989, 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 Tern Turville, Council Member Cole, Council Member Norquist and Council Member Dupee. Other City Off icials 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 Workshop Meeting held July 27, 1989 and the Regular Meeting held August 8, 1989, were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT CABLEVISION INDUSTRIES OF CENTRAL FLORIDA City Manager Saunders reminded those present that a representative of Cablevision Industries of Central Florida would be present at the September 12, 1989, Council Meeting to give a report concerning the company's operations and to answer questions fram the public concerning their service. SPECIAL COUNCIL MEETING It was stated that a Special Council Meeting would be needed to approve the Montrose Street waterline replacement bids. After some discussion, it was determined to hold the meeting at 10:00 a.m. on Tuesday, August 29, 1989, in the City Hall Conference Room. Mayor Pro Tern Turville' stated that he would not be able to attend the meeting due to a conflict with his work schedule. BEAUTIFICATION GRANT It was reported that the City would not receive its Beautification Grant this year. There were forty-eight requests for $500,000 in available funds, and a total of four grants were awarded, all of which were located in South Florida. City Manager Saunders then stated that the $10,000 could be included in next year's infrastructure fund budget for the project. Mayor Pool expressed his displeasure with the fact that smaller grants were not awarded to more cities throughout the State in light of the fact that the total available funds were allocated to one particular area. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 1989 PAGE -2- 89-115 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO INCLUDE $10,000 IN NEXT YEAR'S INFRASTRUCTURE FUND BUDGET FOR THE HIGHWAY 50 MEDIAN PROJECT. RAILROAD RIGHT-OF-WAY PARK PROJECT It was reported that a 200'-300' area next .to the road where the railroad right-of-way had been filled in was still wet and would need additional fill'to stop the problem before the park site can be landscaped. City Manager Saunders then stated that it would' cost approximately $2,000 to buy and haul fill to the site and that the money was available in the current Parks and Recreation Fund budget to do the work. 89-116 After same discussion of the problem, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO SPEND AN AMOUNT NOT TO EXCEED $2,000 TO BUY AND HAUL FILL TO THE SITE ON TWELFTH STREET TO STOP THE WETNESS PROBLEM. NILSA WHITEHEAD'S REPORT FUTURE FARMERS OF AMERICA PROJECT Mrs. Whitehead, Chairperson of the Parks and Recreation Board, reported that as soon as the problem wi th the wet area was resolved, the Future Farmers of America fram Clermont High School would begin their proj ect to turn the area into a park. The students have designed a passive park with benches and will plant 10 oaks, 14 weeping willows, three magnolias and five sycamore trees on the site. DEPARTMENT OF FORESTRY CONFERENCE Mrs. Whitehead then requested' that Council pay a $15 registration fee and expenses for Mrs. Karen Turville, a member of the Parks and Recreation Board, to attend a two day Urban Forestry Seminar in st. Augustine on September 12 and 13, 1989. 89-117 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO PAY THE $15 REGISTRATION FEE AND EXPENSES FOR MRS. TURVILLE TO ATTEND THE TWO DAY SEMINAR. Because Karen Turville is his wife, Council Member Turville declared a conflict of interest and abstained from voting on this request. DUCK REPLACEMENT PROJECT FOR CENTER LAKE It was reported that the City's project was well underway and a $10 donation for the project had already been received. An adopt a duck program was being set up at the elementary school, and 'e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 1989 PAGE -3- feeders for the project were being built by the Middle School Shop Class. It was also stated that the Shop Class might be able to make the signs required for the project. COUNCIL MEMBER DUPEE'S REPORT LAKE COUNTY LEAGUE OF CITIES It was reported that Al ta Trask had been appointed Executive Director of the Lake County League of Cities at a salary of $500 per month and the League had a $10,650 operating budget for the coming year. It also was suggested that the City again place Bonnie Ray's name in nomination as a judge for the upcaming awards dinner. It was the consensus of Council that Mrs. Dupee submit Mrs. Ray's name in nomination at the next Board of Directors' meeting. The Quarterly Dinner Meeting of the League will be co-hosted by the cities of Minneola and Clermont and will take place October 18, 1989 at the Citrus Tower. MAYOR'S PROCLAMATION It was reported that the City's election procedures require that a Mayoral Proclamation be made at least thirty days prior to the Primary Election. The Council Seats up for election this year include Seat II - Hal T~rville and Seat IV - Ann Dupee. Mayor Pool then read the Proclamation in its entirety. A Primary Election will be held, if needed, on October 3, 1989, with the General Election on November 7, 1989. Qualifying begins September 1st and Candidate Packets will be available then. VISITORS WITH BUSINESS PATRICK SMITH OF SOUTH LAKE MEMORIAL HOSPITAL - RESOLUTION #632, REQUEST FOR CONDITIONAL USE PERMIT TO ESTABLISH A PROFESSIONAL OFFICE IN THE R-3 RESIDENTIAL/PROFESSIONAL DISTRICT City Manager Saunders reported that Mr. Smith, Administrator of the hospital, was requesting a Conditional Use Permit to establish a professional office in the R-3 Residential/Professional District. Presently a single family home is located at 664 West Juniata Street, and the hospital is proposing to convert it into a professional office. The Planning and Zoning Commission at their meeting held August 1, 1989, recommended approval of the CUP, and the Staff is also recommending approval of the request with the conditions as stated in Resolution No. 632. 'e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 1989 PAGE -4- No one was present fram the hospital and Mayor Pool called for comments from those present in the audience. No one spoke in favor of or in opposition to the request. 89-118 After some brief comments, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 632 GRANTING A CONDITIONAL USE PERMIT TO SOUTH LAKE MEMORIAL HOSPITAL TO ESTABLISH A PROFESSIONAL OFFICE IN THE R-3 RESIDENTIAL/PROFESSIONAL DISTRICT, LOCATED AT 664 WEST JUNIATA STREET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. STEVE LEE - VARIANCE REQUESTS FOR CONSTRUCTION OF A PROFESSIONAL OFFICE AT THE NORTHEAST CORNER OF SEVENTH STREET & HIGHWAY SO It was reported that Mr. Lee was requesting five variances for his property located at the northeast corner of Seventh Street and Highway 50 for the construction of a professional office building. It was pointed out that Mr. Lee had previously been granted these variances by Council, however, the time has lapsed for construction to begin. Mr. Lee has indicated that he is now in a position to proceed with the construction and is requesting that the variances be reinstated. The site plan is not the same as the one presented in 1985, but is the same as approved in May of 1988. Mayor Pool called for comments from those present and Cecil Smart who was present in the audience stated that he obj ected to the placement of hedge on the corner of Seventh Street and Highway 50 or along Highway 50 because it will block the view entering Highway 50. It was pointed out to Mr. Smart that the required hedge will not present a problem because parking on the revised site plan has been moved back. No one else spoke concerning the request. The five variances were then discussed one by one. Variance #1 for a 12' rear yard setback where 25' is required was approved. Variance #2 for a 38' front yard setback where 50' is required was also approved. Variance #3 for a 2' landscape buffer where 5' is required was clarified by City Manager Saunders to be needed adjacent to west parking area which is approximately 20' in length. It was not needed along the remainder of the area. The Council agreed to this clarification. Variance #4 to allow 14 parking spaces where 15 are required was approved. Variance request #5 for ground cover where hedges are required was not approved because the hedge can be planted without blocking any view onto Highway 50. 89-120 A MOTION WAS THEN MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE FOLLOWING VARIANCES FOR THE CONSTRUCTION OF A PROFESSIONAL OFFICE AT THE NORTHEAST CORNER OF SEVENTH STREET AND HIGHWAY 50: A 12' REAR YARD SETBACK WHERE 25' IS REQUIRED, A 38' FRONT YARD SETBACK WHERE 50' IS REQUIRED, A 2' LANDSCAPE BUFFER WHERE 5' IS REQUIRED ADJACENT TO THE WESTERN PARKING AREA A DISTANCE 20' IN LENGTH AND TO ALLOW 14 PARKING SPACES WHERE 15 ARE REQUIRED. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 1989 PAGE -5- UNFINISHED BUSINESS FINAL READING OF ORDINANCE 262-C Mayor Pool explained that this ordinance would increase the public service tax on electricity, gas and fuel oil from the existing 6.5% to 8.5%, which will provide an additional $60,000 to the General Fund in next year's budget; and will also amend the tax on telecommunication service from the current charge of an 8.5% tax on local service to a 7.0% charge applied to all intrastate telecommunication service. This will provide an estimated additional $50,000 for the next budget year. Mayor Pool called for comments from those present and Cecil Smart asked if it would apply to gasoline and was told that it would not. Nilsa Whitehead stated that she felt this was an equitable tax because it applied to everyone on the same basis. There being no further comments or discussion of the proposed 89-121 ordinance, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ADOPT ORDINANCE 262-C AMENDING THE PUBLIC SERVICE TAX ON ELECTRICITY, METERED OR BOTTLED GAS, FUEL OIL AND TELECOMMUNICATION SERVICES. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. NEW BUSINESS INTRODUCTION OF ORDINANCE 208-M - AMENDING RATES FOR SANITATION SERVICE City Manager Saunders explained that Ordinance 208-M would amend the rates we now charge our residents for sanitation service. It was explained that the increased monthly fee from $9 to $12 was based on a planned increase for tipping fees by the County from $15 to $30 per ton. Continuing, Mr Saunders stated that in the current year the City is paying approximately $45,000 to the County for garbage disposal, and up until now, the next year's projected costs were to be $120,000. However, the City has been notified during the past week that the County will not be charging the $30 per ton projected tipping fee but will increase the charge to $40, per ton. Mr. Saunders further stated that this increase would mean that the City will show a deficit of $18,000 in the sanitation fund next year and would need to increase the sanitation rate charged to its customers to $12.56 per month just to break even. Council Member Turville, the City's representative to the County Recycling Committee, stated that nothing definite has been presented concerning recycling and no one knows what effect it will have on the costs at this point. - . e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 1989 PAGE -6- After some discussion of the problem facing the City, it was the consensus of Council to increase the rate on the proposed ordinance to $12.50 per month for single family, $12.00 per month for multi- family and $12.50 per~ month for commercial with each additional can costing $5.50. 89-122 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 208-M AS AMENDED. INTERLOCAL AGREEMENT - AMENDED AGREEMENT WITH LAKE COUNTY FOR ACCEPTANCE OF COUNTY RECREATION FUNDING City Manager Saunders explained that last month the Council agreed to an Interlocal Agreement with the County Commission for the acceptance of $10,248.25 for recreation. However, prior to adoption the Council deleted Condition #8 which stated that should any fee be charged for the activity funded by the county contribution, there would be no difference between the fees Charged city residents and non-city residents. Commissioner Swartz has indicated that he would like to see that condition placed back in the agreement and stated that other cities have signed the agreements with the condition as stated. Mr. Saunders continued by stating that upon discussing this with other cities, it was found that in most cases the money was spent for programs and not capital outlay or facilities. Accordingly, there would be no long lasting effect on future charges for facilities or programs held in the facilities. Therefore, we are recommending at this time to place Item #8 back in the agreement, and amend Item #2 to delete the use of the funding which now states "Twelfth Street Park Baseball Complex" and replace that with "1989 Summer Recreation Program and Jaycee Beach Operation". 89-123 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE INTERLOCAL AGREEMENT FOR RECREATION FUNDING WITH THE COUNTY AS AMENDED. PUBLIC COMMENTS Cecil Smart stated that the Council was opposed to the locating of a Federal Prison in South Lake County and asked if it also was opposed to the locating of a landfill here. Council Member Dupee stated that the power lines on the proposed South Lake County site would have to be relocated and that would make the acquisition of the site cost prohibitive. Council Member Turville stated that he was opposed to placing of ash from the burn plant in any landfill, and Mayor Pool stated that this issue should be placed on a future agenda. -- e e CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 22, 1989 PAGE -7- It was the consensus of Council to place discussion of the landfill on the next Council agenda. City Manager Saunders mentioned that the Department of Transportation (DOT) had agreed with the City's request for acceleration lanes going north on Highway 27 for the proposed Food Lion project, and now the developer wishes to amend his Conditional Use Permit to delete this requirement. After same discussion of the hazardous conditions existing on Highway 27, it was the consensus of Council that it was important for safety's sake to keep this requirement intact. City Manager Saunders was asked to send the DOT a letter requesting a re-evaluation of the speed limit within the city limits on Highway 27, which might help the si tua tion. There being no further business Council, the meeting adjourned at or di scussion to come before 9~a~ ~ober t A. Pool, Mayor ---- Attest: Ci ty Clerk _.-