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09-28-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 28, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Turville, Council Member Cole, Council Member Ivey, and Council Member Norquist. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held September 14, 1993 and Special Meeting held September 16, 1993 were approved as presented. CITY MANAGER SAUNDERS' REPORT YMCA Soccer City Manager Saunders stated that the YMCA has requested to finish their soccer season on City fields. Of their 11 week season, they have 7 weeks left. The league fee is $45 per team and there are 4 teams. They also have 39 non-residents of which 12 are on YMCA scholarship (9 being from Green Isle). There is no provision for pro-rating, however, it should equate to approximately $543.00 for the remainder of the season if the City waives the fee for those on scholarships. 93-158 A motion was made by Council Member Norquist, seconded by Council Member Ivey and carried unanimously to waive fees for those on scholarship and pro-rate the remaining YMCA soccer season at $543. Council Member Turville asked that language be developed in regard to the length of a season. He also asked if waiving the fees for those on scholarship could become the norm. Other Council Members responded that this would not necessarily be the case. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 199:] PAGE 2 CITY ATTORNEY BAIRD'S REPORT Community Development Block Grant Subordination Agreement Requests Attorney Baird stated he has received two subordination agreement requests regarding mortgages on Community Development Block Grant homes. Each home owner has · executed a mortgage with the City for the amount of rehabilitation work performed on the home which is forgiven in five years if the home owner resides in the home. 'The requests are from two parties that are requesting additional funds from other lenders and they request the City to subordinate so that the new mortgage will be a first mortgage. Attorney Baird recommended approval of the subordination agreements on condition that appraisals are provided that will verify the total of the mortgages will not exceed 80% of the appraised value. City Manager Saunders stated that Mr. Fred Fox, Administrator of the Community Development Block Grant has stated he sees no problem with the City entering into a subordination agreement. 93-159 A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to approve entering into subordination agreements provided the appraisals veri~ the total of the mortgages will not exceed 80% of the appraised value. MAYOR POOL'S REPORT Mayor Pool stated that Representative Everett Kelly is holding Public Hearings on October 19 at the City of Clermont Council Chambers from 3:30 to 4:30 p.m. He urged everyone to attend. City Manager Saunders stated that the League of Cities is presenting a legislative report on October 19 at the Clermont meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 3 BUDGET RESOLUTIONS - PUBLIC HEARING Resolution #'/97, 1993-94 Ad Valorem Millage Rate Mayor Pool read Resolution #797 in its entirety and opened the Public Hearing. He stated that the resolution will adopt a final millage rate of 2.979 which is a 10.4% increase OVer the roll-back millage rate. This is an increase of .25 mills over last year's millage rate and is the first increase in three years. The increase in the millage will generate an additional $43,000 for the General Fund Budget for a total of $515,000. No comments were received in regard to Resolution #797 and Mayor Pool closed the Public Heating. 93-160 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution #797. Resolution #798, 1993-94 General Fund Budget Mayor Pool read Resolution #798 by title only and opened the Public Hearing. He stated that this resolution will adopt the fiscal year 1994 budget for the General Fund. The General Fund provides funding for Police, Fire, Streets, Sidewalks, Animal Control, Parks & Recreation, Planning & Zoning, Finance, and Administration. General Fund also provides funding for any special projects or areas such as the Chamber of Commerce and the Cooper Memorial Library. Total budget expenditures for 1994 are $2,553,054. Estimated Revenues for the year total $2,496,912. A total of $56,142 is being appropriated from reserves to balance the budget. No comments were received in regard to Resolution #798 and Mayor Pool closed the Public Heating. 93-161 A motion was made by Council Member Cole, seconded by Council Member Ivey, and carried unanimously by roll call vote to adopt Resolution #798. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 4 Resolution'#799, 1993-94 Infrastructure Fund Budget Mayor Pool read Resolution #799 by title only and opened the Public Hearing. He stated that Revenues for the Infrastructure Fund are generated from the 7th cent sales tax with total estimated revenues being $357,500. Budget expenditures total $286,605 with the majority being transferred to the Sales Tax Bond Fund for debt service. N° comments were received in regard to Resolution #799 and Mayor Pool closed the Public Heating. 93-162 A motion was made by Council Member Ivey, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution//799. Resolution #800, 1993-94 1989 Sales Tax Fund Budget Mayor Pool read Resolution #800 by title only and opened the Public Hearing. He stated that this fund accounts for the payment of the debt service for the sales tax bond. Revenue is a transfer from the Infrastructure Fund and the only expenditure is for the debt service for the bond issue which provided funding for the Police Station, the Public Works facility, and the completion of the Palatlakaha Recreation Area.' No comments were received in regard to Resolution #800 and Mayor Pool closed the Public Hearing. 93-163 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution//800. Resolution #801, 1993-94 Utility Fund Budget Mayor Pool read Resolution #801 by title only and opened the Public Hearing. He stated that this resolution adopts the budget for the Utility Fund which includes water and sewer services. Estimated revenues are $1,239,400. Estimated expenditures are $1,364,574. The approximately $125,000 of excess expenditures over revenues is due CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 5 to the $126,000 of maintenance required on our 500,000 gallon water tank. No adjustments in charges for water or sewer are proposed for this year. The $125,000 deficit will be funded by an allocation of reserves. No comments were received in regard to Resolution//801 and Mayor Pool closed the Public Hearing. 93-164 A motion was made by Council Member Norquist, seconded by Council Member Ivey., and carried unanimously by roll call vote to adopt Resolution #80I. Resolution//802, 1993-94 Stormwater Fund Budget Mayor Pool read Resolution//802 by title only and opened the Public Heating. He stated that estimated revenues are $182,300 which is generated from the $3 per month stormwater fee. Estimated expenditures for the fund are $183,631 which will leave an ending reserve of just over $200,000. The intention is to build these reserves and utilize them for storm water projects throughout the City. City Manager Saunders stated that the first two projects will be Lake Shore Drive and a Downtown Clermont retention area. Don Burris asked if other projects have been funded from this fund. City Manager Saunders stated that previous stormwater projects were paid from the General Fund, not the Stormwater Fund. Mayor Pool closed the Public Hearing. 93-165 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution #802. Resolution//803, 1993-94 Sanitation Fund Budget Mayor Pool read Resolution//803 by title only and opened the Public Heating. He stated this budget provides funding for garbage collection, recycling, composting, and trash collection. Estimated revenues are $531,100. Estimated expenditures are $574,094. In order to generate the required revenues, a rate increase of $1.40 per CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 6 month per residence customer is needed. This is entirely due to the increase in tipping fees by Lake County which increased from the 1993 estimated amount of $153,000 to a 1994 estimate of $216,000 for disposal of the City's garbage. This equates to approximately $2 a month increase, however, by converting to once-a-week pickup and through other budget cuts, the rate increase has been limited to $1.40. No comments were received in regard to Resolution//803 and Mayor Pool closed the Public Hearing. 93-166 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution//803. Resolution//804, 1993-94 Cemetery Perpetual Care Fund Budget Mayor Pool read Resolution//804 by title only and opened the Public Heating. He stated that this resolution will adopt the Cemetery Perpetual Care budget. Estimated revenues are $17,200 with a transfer of $7,200 to the General Fund for maintenance of the Cemetery. Only interest earnings may be transferred out of this fund and can only be used for maintenance of the Cemetery property. No comments were received in regard to Resolution//804 and Mayor Pool closed the Public Heating. 93-167 A motion was made by Council Member Ivey_, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution//804. VISITORS WITH BUSINESS Mayor Pool the agenda order will be changed to hear Resolution 793 and 794 next. William H. Gibb, Jr., Resolution//793 Mayor Pool read Resolution//793 by title only and stated that Mr. Gibb is requesting a Conditional Use Permit to allow cattle grazing on his property. He advised that the request will require a Quasi-Judicial Hearing and that anyone wishing to speak in CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 7 favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Claude Smoak, 8810 CR 561, Clermont. City Manager Saunders stated that The Conditional Use Permit request is to allow cattle grazing on property located northeast of the intersection of Grand Highway and Pitt Street. Planning and Zoning and staff recommend approval subject to the conditions listed in Resolution//793. Claude Smoak addressed the Council and stated Mr. Gibb has asked him to speak for him, and he also is the adjacent property owner to the property in question. He stated he had a concern with Condition//3 in that the Conditional Use Permit expires in five years. Substantial costs are necessary in making the improvements necessary for the cattle operation and he would like the language changed to include "except as extended by City Council". Attorney Baird stated that the permit needs to have a time period and must go through the permit process again. Mr. Smoak stated questioned Item//7 where a limit is determined regarding the number of animals. City Manager Saunders advised that new language referring to IFAS standards have already been incorporated. Mr. Smoak was satisfied with the new language. 93-168 A motion was made by Council Member Norquist, seconded by Council Member Ivey, and carried unanimously by roll call vote to adopt Resolution #793. Jerry Chicone, Resolution//794 Mayor Pool read Resolution//794 by title only and stated that Mr. Chicone is requesting a Conditional Use Permit to allow cattle grazing on his property. He advised that the request will require a Quasi-Judicial Hearing and that anyone wishing to speak in favor of, or in opposition to the request should be sworn in. City Clerk Van Zile swore in Jerry Chicone, 2025 Siesta Lane, Orlando. Mr. Chicone stated that his request is identical to the previous request by Mr. Gibb. City Manager Saunders stated the application is identical to the previous request and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 8 in the same area. Planning and Zoning and staff recommend approval subject to the conditions listed in Resolution//794. 93-169 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution #794. Fred Fox Enterprises Queen Simmons of Fred Fox Enterprises stated change orders are requested, as follows: Rebecca Anderson: Install a refrigerator Total revised contract amount totals $26,100. $500.00 93-170 A motion was made by Council Member Ivey, seconded by Council Member Norquist, and carried unanimously to approve the $500 change order for Rebecca Anderson. Willie Mae Simmons: Install range and refrigerator. Total revised contract amount totals $25,240. $850.00 93-171 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve the $850 change order for Willie Mae Simmons. Willie Thompson: Repair sink drains Total revised contract amount totals $9,021. $95.00 93-172 A motion was made by Council Member Ivey, seconded by Council Member Cole, and carried unanimously to approve the $95. O0 change order for Willie Thompson. Lonnie Staten: Add air conditioning for medical reasons $1,500.00 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 9 Total revised contract amount totals $26,560. 93-173 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve the $1,500. O0 change order for Lonnie Staton. Lonnie Staten: Add a wheel chair ramp Total Revised contract amount totals $26,860. $300.00 93-174 A motion was made by Council Member Ivey_, seconded by Council Member Norquist, and carried unanimously to approve the $500 change order for Lonnie Staten. Willie Simmons: No charge change order to install single-hung aluminum windows, tile kitchen and bathroom only, carpet rest of house. Council Member Ivey suggested that the money .remaining in the grant be used to sod the two homes that were demolished and rebuilt. Mrs. Simmons will check with Mr. Fox if this is posSible. Fred Sommer, CFT Sports Mr. Fred Sommer stated that October 21 through 23 will hold the Great Floridian Triathlon, the largest sporting event in Clermont. He reviewed the event and .stated that the event will be the same as last year. He requested complimentary use of the Highlander Hut for October 21, 22, and 23, and assistance from the Police Department for the crossing Highway 50 during the start of the bike race on Saturday from 8:30 a.m. to 10:30 a.m. and traffic restrictions at dusk. 93-175 After considerable discussion, a motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously to grant the request for complimenta~_ use of the Highlander Hut, the assistance from the Police Department for Highway_ 50 on October 23, and traffic restrictions at dusk as specified. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 10 NEW BUSINESS Introduction of Ordinance 257-M Mayor Pool read Ordinance 257-M by title only. City Manager Saunders stated the ordinance will close a portion of Bloxam Avenue and Division Street north of Grand Highway, all located within the Edgewood Lake PUD. Final closing will be subject to the replatting of the streets within the new subdivision. The alignment of the streets have been changed from the old City plat which requires closing and replatting. 93-176 A motion was made by Council Member Ivey_ and seconded by Council Member Norquist to introduce Ordinance 257-M. Resolution//805 - 1992-93 General Fund Budget Amendments Mayor Pool read Resolution//805 by title only and opened the public hearing. City Manager Saunders stated that this resolution formally adopts the 1992-93 General Fund budget amendments, most of which have previously been approved by the Council. One item was inadvertently omitted which was approved at the last Council meeting in the amount of $8,250 for the Rails to Trails conceptual plan and needs to be added. Mayor Pool closed the public heating. 93-177 A motion was made by Council Member Ivey, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution #805 with an amendment of $8,250 included for the conceptual plan for the Rails to Trails project. Resolution//806 - 1992-93 Infrastructure Fund Budget Amendments Mayor Pool read Resolution #806 by title only and opened tl~e public hearing. City Manager Saunders stated that this resolution formally adopts the 1992-93 Infrastructure Fund budget amendments. Mayor Pool closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 28, 1993 PAGE 11 93-178 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution #806. Resolution #807 - 1992-93 Building Construction Fund Budget Amendments Mayor Pool read Resolution #807 by title only and opened the public hearing. City Manager Saunders stated that this resolution formally adopts the 1992-93 Building Construction Fund budget amendments. Mayor Pool closed the public hearing. 93-179 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution #807. Resolution #808 - 1992-93 Utility Fund Budget Amendments Mayor Pool read Resolution #808 by title only and opened the public hearing. City Manager Saunders stated that this resolution formally adopts the 1992-93 Utility Fund budget amendments. 93-180 A motion was made by Council Member Norquist, seconded by Council Member Ivey_, and carried unanimously by roll call vote to adopt Resolution #808. Attest: There being no further business or discussion, the meeting adjourned at 9:00 p.m. ~.Van Z~