08-22-1989 Regular Meeting
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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.
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AUGUST 22, 1989
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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
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CITY OF CLERMONT
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REGULAR COUNCIL MEETING
AUGUST 22, 1989
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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.
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AUGUST 22, 1989
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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.
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AUGUST 22, 1989
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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.
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REGULAR COUNCIL MEETING
AUGUST 22, 1989
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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.
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AUGUST 22, 1989
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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
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