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12-22-1970 Supporting DocumentsAsk MINUTES N9 705 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, December 22, 1970. The meeting was called to order at 7:30 P. M. by Mayor Don E. Smith with the following members present: VanderMeer, Oswalt and Cochran. Other officials present were: City Managers Johnson and Hopkins, City Controller Fleming, City Clerk Carroll, City Attorney Langley and Chief of Police Tyndal. Others present were: Mrs. Mary Shaw, Senator and "ors. Welborn Daniel, Mr. and Mrs. John Aull and the Messrs. Jimmy Lee Jackson, E. E. Schumann, Floyd Groo, Don (dare, Donald St. John, George E. Hovis and Barney Chilton. The Invocation was given by Councilman VanderMeer. The Minutes of the meeting held on December 8, 1970 were approved as written. Mayor Smith announced the first order of business to be a continuation of the Public Hearing with regards application by A. E. Slack for a reduction in land area requirements in order that a duplex might be constructed on Lot 6 of City Block 75. Neither fir. Slack nor anyone representing him was present to submit a schematic drawing of the proposed construction, as had been requested at the last meeting. Motion was made by Councilman VanderMeer, seconded by Councilman Oswalt and carried that the request of t•ir. Slack be denied. Jimmy Lee Jackson, proprietor of a business establishment located at 769 East Montrose Street and now holding a beer and wine license, appeared before the Council urging their assistance in his application for a liquor license at this same location. Mr. Jackson was advised that inasmuch as this location is zoned R-3 which prevents commercial establishments but whfcfi he is presently allowed to operate under the "Grandfather Clause, there was no action the Council could take. It was suggested to Mr. Jackson that he pursue the possibility of obtaining a liquor license for this location, qualifying and complying with the provisions of Section 3-4 of the Code of Ordinances. Attorney George E. Hovis, representing Mrs. Margaree Cooley, appeared before the Council requesting a Quit -Claim Deed from the City to Mrs. Cooley on property which he advised appeared on the old original town site map of Clermont (1886) as a dedicated street, but that on the revised map of the City of Clermont dated in 1926, this property is not shown as a street and he therefore contended a street did not exist and he requested the Quit -Claim deed in order to clear title on the property. A legal description of the property on which he made his request is as follows: c Begin at the NE corner of the Id?g of Lot 3, in Block 40, in the City of Clermont, Florida according to the plat thereof recorded in Plat Book 3, page 5, Public Records of Lake County, Florida; thence run Id along the N line of said Block 40 to the NW corner of said Block 40; thence run N along an extension N of the Id line of the said Block 40 to the SW corner of Block 41 in the said City of Clermont, thence run E along the S line of the said Block 41 to a point 75' W of the SE• corner of the said Block 41, thence run S to the POB. There was no action taken on this matter and it was referred to the City Attorney for study and recommendations. MINUTES N9 706 Welbrorn Daniel, Attorney, representing the Co -Lessees of the Crest Restaurant and Lounge, appeared before the Council requesting permission for establishments qualifying and complying with the provisions of Section 3-4 of the Code of Ordinances of the City of Clermont to remain open from 12:00 midnight on December 31, 1970 until 3:nO A. M. on January 1, 1971 and submitted the necessary Resolution which would allow this upon its execution. The Resolution was read in full by Councilman Oswalt and he moved that it be adopted. The motion was seconded by Councilman VanderMeer and upon roll call vote on adoption of the Resolution the results were as follows: Ayes: VanderMeer, Oswalt, and Smith. Total Ayes: Three. Mayes: None. Absent: Bratton. Abstaining: Cochran. So the Resolution was adopted and the Number 171 assigned to it. City Manager Johnson submitted his report, both orally and written and a copy is attached hereto. City Manager Hopkins reported as follows: That the Florida Law Enforcement Agency was in the process of establishing communications terminals in certain areas of the State,picking such sites according to sizes of the police department, capabilities, etc. and that our local police department had been picked as one of the sites. fie felt this a real compliment to our local department and expressed same to Chief Tyndal. He further advised that one of the Radio Dispatchers would be attending a two day training session in Tallahassee with regards this in the near future; that with regards to continuing to provide water to William Baker's grove, he recommended the leasing of the presently installed LP Gas engine from Mr.Baker for one year beginning 1/1/71 at a cost of S400.00 with an option to purchase same at end of the year and assuming all maintenance and fuel costs. Motion was made by Councilman Cochran, seconded by Councilman Oswalt and carried that the recommendation of City Manager Hopkins be accepted and he be authorized to proceed with the leasing of the engine; That with regards the proposed construction of the Sanitary Sever System, he recommended that the recommendations of Michaels Engineering Company be accepted whereby the City proceed to award a tentative bid to the low bidder/s at the time of the bid opening on November 24, 1970. Motion was made by Councilman Oswalt, seconded by Councilman VanderMeer and carried that the sanitary sewer system contracts be tentatively awarded to the lowest bidders as received November 24, 1970 to -wit: Contract No. 1 Bumby E Stimpson, Inc. S 1,520,175.55 Contract . No. 2 Bumby F Stimpson, Inc. 406,330.00 Contract No. 3 Chilton Construction Company 526,911.00 all subject to approval by the appropriate government agencies. City Clerk Carroll read communications as follows: From Cooper Memorial Library Board wherein they expressed appreciation for financial assistance; from Senator Daniel wherein he announced local bill hearings would be held in Tavares on Thursday, February 18, 1971 at 6:00 P. M. to consider requests from all sources for local legislation affecting Lake County. The meeting was adjourned by Mayor Smith y // i Dolores W. Carroll, Clerk �✓�- non E. Smith,Mayor t From: R;Yrt id. Impki ns To: � l _ ounc'i 1 Subject: Liquor License - ir..t's Cal': Date -: December U, 1970 Jimmy Lee Jackson has scheduled In appearanCe before the City Council on December 22. 197D to speak on behalf of Dot's Cafe, 769 East Montrose StreetO th regard to an application for a Liquor -Consumption, oa Premises License. Oa is Cafe. operated by Daisy Clark, is located in an R-3 zone. The cafe presently has a Beer and Mine - Consumption on Premises License. Since cafes are not allowed in ar. 43 zone, Dot's cafe is a non- conforming use.. Section 3-3, Licensing Venders near school or church: standard of measurement, of the Code of Ordinances stipulates that the vendor's or licensee's place of business shall not ba within 500 feet of an established church or school. An on >ite inspection revealed that a Jehovah '.witnesses Church is located at 743 East Montrose. This location is located approximately 200 Feet from the cafe. Since Dot's Cafe is a non -con m ing Lae in an 03 zone and since a church is located within 500 Beet, it is recommended that the State Beverage Department be advised 'chat the location at 769 East Montrose Street doss not comply with the local ordinances for the sale of alcoholic beverages as steted above. r I: RLP01''i P?r. aop!tins °wi 11 make a rcport to you on Ci ty a . i rs . He ari 11 a'Iso r,aport 10 ye.)u,, with his rc.camiienoiiions re��arding ou sE.nitary sewer• system bids. i am con virCod ihai: ;re hare nc reasonable alternative oth;:r than to accept his recommend Li on, wi".;I which I thoroughly concur. Certainly, the financial picture is not as attractive as we may have upped, but I Selieve that we are inagreement that a sanitary sewer system for Clermont is an absolute nocessity. Any further delay in this program t;ili only result in increased costs and even more difficult financing. 'this, is the last Council meeting which I shal'i attend in an official capacity. inch if you may be z,ssured that I have enjoyed working with you, and for you, on municipal problems. We have solved some of these problems and others remain to be solved. Contrary to the opinions of some, I respect your sincerity and integrity. I highly recommend to you your City Manager, Bob Hopkins. Bob has the desire, interest end ability to fill his position in a manner which will be acceptable to the general public and an asset to the Eity Council. I urge that you give his recommendations every consideration. If he receives the same friendly support and under- standing which you have given me he will be a lucky young man and, --- knowing each of you as I do, I have every reason to believe that he will. Again thanking each of you for everything, I am Scerely, December 22, 1970 F1 Robert M. Hopkins Tu, City Council SUBJECT: Sanitary Siwer Project DATE: December 22, 1970 On 0onday, December 21, 1970 Floyd Groo and Jim Westbrook of: M-ichaels Engineering, Comptroller John Fleming, City (tanager Albert Johnson and I met with Stu Hartman of Le-edy, lJheeler & Alleman with regard to the proposed sanitary sewer system. lie reviewed the financial aspect of the project which includes the construction and other costs, the assessment bonds, HUD, F14PCA and budgetary appropriations as well as the necessary 30 year revenue bond issue. In view of the cost and other 'information provided by the engineers, Mr. Hartman has prepared a revised bond schedule for a $1,700,000 issue which more nearly meets the need requirements of this project than the $1,400,000 schedule prepared almost a year ago. According to the financial review dated 12/17/70 prepared by Michaels Engineering, the additional funds which viould have to be generated by a revenue bond issue amount to $1,371,836. A $1,700,000 issue at today's interest (74-%) generates $1,385,500 in available cash or a cushion of $13,664. The interest rate on the $1,400,000 schedule was 6 _% . An analysis of the Flow of Funds for the $1,700,000 indicates that the amount of funds available to the general fund show a reduction the fourth year. Inasmuch as t:�e level of services generated by the operating budget of the city depend, in large part, upon the Excise Tax Income ($110,118 in 1969), a loss of revenue to the general fund from this source in the aruounts nrrjetted in the Flow of Funds beginning in 1973 would appear to result in a reduction in the level of services to the citizens. However, the anticipated increase in Excise Tax Income which is not reflected in the schedule and the interest earned on the Sinking Fund and IR '! R Reserve P.ccouni;s o-:ould offset most this deficit. Even thoud•ti.c engineers r-oorC 6,,ced 12/15/70 allow for a $67,900 savings due to. changes in various titens withthe bids the city must show ability to pay for the entire prcj_ct as bid. If after the bids are awarded, the city may choose to implement these changes and realize the savings, The savings could Lhc-n be diverted to the Debt Reserve Account, the IR & R Reserve Ac•;oun':, resurfacing of streets presently scheduled for patching or later extensions of the system. Taking all this into consideration, it vrould appear that we have two alternative courses of action as;uraing vie want to proceed vrith the project as recommended by the engineers which I recommend we do. Alternative 1 would be to reduce the amount of the revenue bond issue in a suffcieni: amount to allow us to meet our annual debt obligations and still provide the general fund with at least the $110,118 in Excise Tar, money. This course of action would all but eliminate the contingency monies and tremendously increase the possibility of "coming up short". It v;ould also require rebidding since major changes would be necessary. Alternative 2 would be to proceed with the :i1,700,000 issue, thus providing sufficient monies to construct the project. The general fend revenue deficit cuuid be cumpensaicd by using any surplus_s the general fund if in fact this compensation becomes necessary. Since $136,940 is included in the project costs for resurfacing 11.6 miles of streets, justification appears to exist for using any surpluses in the general fund to make up any general fund revenue deficit beginning in 1973 should this become necessary. As we get into the project we may find after additional evaluations that the $4.00 flat fee sewer charge is not realistic. If in fact the rates are increased, the net operating revenue would increase thus increasing the total amount available for debt and ultimately the balance to the general fund. It: is my recommendation that "alternative 2 be Clermont's course of action. Your favorable consideration of "these recommendations wiii allow us to move toward an early spring start of /construction. Robert td. H pkins � I Clermont, Florida December 28, 1970 We, the undersigned councilmen of the City of Cler- mont, Florida, do hereby waive any formality or defect in notice of a special meeting of the City Council of Clermont, Florida, on December 28, 1970. We agree that proper notice was given to us concerning the consideration of the extention of the Sanitary Sewer Bond Ordinance. i