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09-26-1995 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 A regular meeting of'the City Council of the City of Clermont was held Tuesday, September 26, 1995 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tern Norquist, Council Member Dupee, and Council Member Sargent. 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 Mayor Pro Tem Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held September 12, 1995, and Special Council Meeting held September 14, 1995 were approved as presented. CITY MANAGER SAUNDERS' REPORT Special Meeting and Workshop Council Members agreed to hold a Special Council Meeting on Tuesday, October 3, 1995 at 6:00 p.m. in the City Hall conference room for Bond Underwriter selection, with a Workshop to follow at 6:30 p.m. Light-Up Clermont City Manager Saunders stated that the Clermont Area Chamber of Commerce is planning the 6th annual Light-Up Clermont festivities for December 1 and 2. The Christmas tree lighting is scheduled for Center Lake on December 1 followed by open-house at area businesses. Craft and food booths, entertainment and a Christmas Parade on Montrose Street planned for December 2 will require the closing of Montrose Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 2 95-171 A motion was made by Council Member Dupee. seconded by Council Member Norquist, and carried unanimously to approve the Light-Up Clermont Festival December 1-2, 1995, the Lighted Boat Parade on December 2, and the closing of Montrose Street on December 2. South Lake Council for the Arts - Dinner Theater at Jenkins Auditorium City Manager Saunders stated that the South Lake Council for the Arts is sponsoring and endorsing Darrell Hazel with his first dinner theater production which is planned at Jenkins Auditorium for October 13, 14, and 15. No profit is expected from the production, in fact, they expect a loss. The normal $30 per hour fee for Jenkins Auditorium has been requested to be reduced to $10 per hour for this production. 95-172 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to reduce the fee to SlOper hour for the October 13, 14 and 15 dinner theater at Jenla'ns Auditorium. COUNCIL MEMBER DUPEE'S REPORT Business After Hours Council Member Dupee stated that the Clermont Area Chamber of Commerce's next Business After Hours is hosted by South Lake Memorial Hospital and Orlando Regional Health Care on October 5 from 5:00 to 7:00 p.m. at Jenkins Auditorium. They will introduce South Lake Memorial Hospital's new logo and the preliminary building design will be on display. BUDGET RESOLUTIONS - PUBLIC HEARING 1995-96 Ad Valorem Millage Rate - Resolution No. 872 Mayor Pool stated Resolution 872 will adopt a 2.979 millage rate. City Manager Saunders stated the millage rate was previously advertised at .25 mils higher because the budget had not been completely formulated at that time. After complete review, it CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 3 was determined to continue the millage rate at 2.979, which is the same rate as the last three years. Mayor Pool read Resolution No. 872 in its entirety and opened the Public Hearing. Cecil Schrader asked if the millage rate was the same rate that was paid last year. City Manager Saunders confirmed that it was the same rate (2.979). 95-173 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 872 setting a millage rate of 2.979 for fiscal year 1995- 96. 1995-96 General Fund Budget - Resolution No. 873 Mayor Pool read Resolution No. 873 by title only and opened the Public Hearing. City Manager Saunders stated that Resolution No. 873 will adopt the fiscal year 1996 budget for the General Fund which provides funding for Police, Fire, Streets, Sidewalks, Animal Control, Parks and Recreation, Planning and Zoning, Finance, Administration, Library and Chamber of COmmerce. Don Burris asked if sewer fees are involved. City Manager Saunders stated they were not included. 95-174 A motion was made by Council Member Dupee, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 873. 1995-96 Infrastructure Fund Budget, Resolution No. 874 Mayor Pool read Resolution No. 874 by title only and opened the Public Hearing. City Manager Saunders stated that Resolution No. 874 reflects the county-wide 1¢ sales tax which has been collected since 1987. No questions were asked and Mayor Pool closed the Public Hearing. 95-175 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 4 A motion was made by Council Member Sargent, seconded by Council Member Dupee. and carried unanimously by roll call vote to adopt Resolution No. 874. 1989 Sales Tax Fund Budget, Resolution No. 875 Mayor Pool read Resolution No. 875 by title only and opened the Public Hearing. City Manager Saunders stated this is the Sales Tax Fund referred to in Resolution No. 874 which is used to pay the bond fund which was used to build the Public Services Department, Palaflakaha Recreation Area and Police Department. Cecil Schrader asked if this was a new tax or old tax. Mayor Pool stated this has been since 1989. Mayor Pool closed the Public Hearing. 95-176 A motion was made by Council Member Du£ee, seconded by Council Member Norquist and carried unanimously by roll call vote to adopt Resolution No. 875. 1995-96 Water Fund Budget, Resolution No. 876 Mayor Pool read Resolution No. 876 by title only. City Manager Saunders stated that Resolution No. 876 is the 1995-96 Water Fund Budget for the entire city. It is an enterprise fund and the revenues generated are designed to cover the expenses. Mayor Pool opened the Public Hearing, however, no questions were asked, and the Public Hearing was dosed. 95-177 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 876. 1995-96 Sewer Fund Budget, Resolution No. 877 Mayor Pool read Resolution No. 877 by title only and opened the Public Hearing. City Manager Saunders stated that the new sewage treatment facility planned for the east side will be built in 1996 with bond proceeds. It will not affect the budget until CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 5 this time next year. He explained that the sewer fund budget is based on a rate increase. A study is currently being conducted which will be completed by the end of October which will help to determine the correct charges and rate structure. A rate increase is required because our debt service coverage for the old bond is at approximately .8 while our loan agreements require a 1.25 coverage rate. He explained that this will require an estimated $1.75 increase in the monthly residential sewer rates. Clermont is in the lower half of sewer rates within Lake County and Central Florida. Don Bun'is stated a 9 % increase was out of line and he had checked rates with Eustis, Leesburg and Tavares and found them to be lower. City Manager Saunders stated that Clermont's combined rates for water and sewer were lower. Bruce Redus asked if the rate increase was required because of the existing debt and if another increase will be necessary next year after the new bond issue is obtained. City Manager Saunders stated that the rate increase was required because of the existing bond issue. He stated it was possible another rate increase may be required in the next year to cover inflationary items such as chemicals, electricity, and testing as well as the debt service. He explained that the new sewer treatment plant will not only serve the east side of the City, but almost one-third of the flow that is presently routed to the existing plant will be directed to the new east side plant. The existing plant is at over 80% capacity and we are required to decrease the load by expanding the old plant or building a new plant. The new plant will operate more efficiently and the reuse water will be sold for irrigation. Mayor Pool clOsed the Public Heating. 95-178 A motion was made by Council Member Norquist, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 877. 1994-95 Stormwater Fund Budget, Resolution No. 878 Mayor Pool read Resolution No. 878 by title only and opened the Public Heating. City Manager Saunders explained that the storm water fund was established about four years ago and generally assesses $3 per household. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 6 Don Bun'is asked how many stormwater projects had been built with the money from this fund. City Manager Saunders stated that three or four projects had been completed and the funds also maintain the storm water system. Funds are also being accumulated to build large storm water projects, one of which is a centralized retention area that businesses may buy into located in the central business district. Cecil Schrader asked who pays to build retention areas in new developments. City Manager Saunders stated that the developers build the retention area for public improvements and the City maintains the water retention areas, including mowing. Mayor Pool closed the Public Hearing. 95-179 A motion was made by Council Member Sargent, seconded by Council Member Dupee and carried unanimously by roll call vote to adopt Resolution No. 878. 1995-96 Sanitation Fund Budget, Resolution No. 879 Mayor Pool read Resolution No. 879 by title only and opened the Public Hearing. City Manager Saunders stated he was happy to report that we will be able to provide the same sanitation services next year for the same fees. The City's rate depends on what Lake County charges for incinerator fees. Mayor Pool closed the Public Hearing. 95-180 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No, 879. 1995-96 Cemetery Perpetual Care Fund Budget, Resolution No. 880 Mayor Pool read Resolution No. 880 by title only and opened the Public Hearing. City Manager Saunders stated that funds are generated through the sale of cemetery lots and the City is restricted to using the earnings from that fund to maintain the cemetery. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 7 No comments were received in regard to Resolution No. 880 and Mayor Pool closed the Public Hearing. 95-181 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 880. OLD BUSINESS Resolution 881 - Closing a Section of Lake Minneola Drive to Vehicular Traffic Mayor Pool stated that this resolution will eliminate motorized vehicular traffic from Lake Minneola Drive from East Avenue to 4th Street. This is being done to accommodate the proposed improvements to the beach area which is part of the waterfront park project as well as the construction of the Rails to Trails. He read Resolution No. 881 by title only and opened the Public Heating. Wanda Cox asked if East Avenue will be widened from Orange Avenue to Grand Highway. City Manager Saunders stated the proposal is not to widen East Avenue, however, Grand Highway will curve into East at the Palm Street intersection which will be the main entrance for beach parking. A new section of East Avenue will be built on the actual right-of-way north of Grand Highway to Lake Minneola Drive which will straighten out the road. It will be a divided median road with a grass strip in the middle. Mrs. Cox asked if the City was aware of the wildlife in the area such as gopher turtles and grey foxes. City Manager Saunders stated they were aware of the wildlife. Terry Pitt asked if the City actually owns Lake Minneola Drive. City Attorney Baird stated that streets are dedicated to the public and the City has jurisdiction to open or close a street or use it in the best interest of the public--the City owns a street in trust for the public. Don Bun'is asked who was responsible for the upkeep of Lake Minneola Drive. City Manager Saunders stated that Lake County was responsible for the upkeep of Lake CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 8 Minneola Drive until six or seven years ago when it was designated as C.R. 561 however, it has since been turned over to the City. The City has been responsible for the upkeep for the last six or seven years..No further questions were asked and Mayor Pool closed the Public Heating. 95-182 A motion was made by Council Member Sargent, seconded by Council Member Norquist. and carried unanimously by roll call vote to adopt Resolution No. 881. VISITORS WITH BUSINESS Osceola Financial Corporation - Resolution No. 871 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit which will amend two existing permits that have been previously approved by Council for Lots 1, 2, 3, and 4 of Lakeview Hts. Subdivision which is located on the west side of Grand Highway just north of Highway 50. The previously granted Conditional Use Permit approved the site for the construction of a bank and office with Lot 4 being utilized as a parking area. The applicant (Osceola Financial Corporation) plans to be located in the new' structure and requests that Lot 5 now be included and they be allowed to locate their business in this existing building on a temporary basis while the permanent facilities are being constructed. They are also requesting that Lot 4 be utilized as mulch parking for the temporary period that they are located in the structure on Lot 5. Mayor Pool read Resolution No. 871 by tire only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Greg Homan, 20570 Sugar Loaf Mt. Road, Clermont and Don Bun'is, 1475 10th St., Clermont were sworn in by City Clerk Van Zile. Mr. Homan stated they agreed with all the requirements of the Conditional Use Permit except No. 2 where only one sign is allowed (freestanding or wall sign) in conformance with sign regulations specified for the R-3-A zoning district. He stated that motorists on Highway 27 would not be able to see the sign. He asked that Condition No. 2 be changed to allow a freestanding sign and a wall sign. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 9 City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval of the conditions as stated in the previous Conditional Use Permits and the conditions in Resolution No. 871. He explained that a separate request for a sign variance is needed regarding the additional signage, and since the legal advertising for a sign variance has not been done, it cannot.be heard by Council at this time. He stated that'staff can accomplish the legal requirements so it can be heard at the next Council meeting on October 10. Mayor Pool closed the Public hearing. 95-183 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 871. Clermont Area Chamber of Commerce - Fishing Tournament City Manager Saunders stated that the Clermont Area Chamber of Commerce is requesting approval of a fishing tournament which will be a fund-raising event for the Chamber. They are proposing that the tournament be held at the City boat ramp adjacent to Jaycee Beach. This would be a one-day tournament on a Saturday in the month of March with up to 150 boats involved in the tournament. Howard Stockton, Executive Director for the Clermont Area Chamber of Commerce explained that the proceeds fi.om the Festival on the Lake finances approximately 1/5 of Chamber's operating budget. A committee headed by Speedy Wolf explored other fund-raisers and came back with the fishing tournament recommendation. He requested preliminary approval. 95-184 A motion was made by Council Member Dupee, seconded by Council Member Norquist, and carried unanimously for prelimina~_ approval of a Clermont Area Chamber of Commerce/Ci~_ of Clermont Bass Fishing Tournament to be hem in the spring of 1996 at the Ci~_ boat ramp adjacent to Jaycee Beach. NEW BUSINESS CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 10 Audit. Agreement Finance Director Van Zile stated approval is requested for an agreement with the firm of Greenlee, Kurras, Rice & Brown for continuing auditing services for the City of Clermont for this fiscal year. The proposed fee is $22,000 which has remained unchanged since 1990. 95-185 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to approve the Audit Agreement with Greenlee, Kurras, Rice & Brown_for the 1995 fiscal year for $22,000. Resolution No. 882 City Manager Saunders stated during the year the City Council approves items that were not included in the Budget and it is required to include those items in resolution form before the end of the fiscal year to be approved by Council. He stated that Resolution No. 882 includes items from the General Fund Budget that were not included in the 1994-95 Budget. Mayor Pool read Resolution No. 882 by tire only and opened the Public Hearing. No comments were received and Mayor Pool closed the Public Hearing. 95-186 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 882. Resolution No. 883 City Manager Saunders stated that Resolution No. 883 includes budget amendments to the Utility Fund for 1994-95. Mayor Pool read Resolution No. 883 by title only and opened the Public Hearing. No comments were received and Mayor Pool closed the Public Hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 1995 Page 11 95-187 A motion was made by Council Member Norquist, seconded by Council Member Sargent. and carried unanimously by roll call vote to adopt Resolution No. 883. Resolution No. 884 City Manager Saunders stated that Resolution No. 884 includes budget amendments to the Infrastructure Fund for 1994-95. Mayor Pool read resolution No. 884 by title only and opened the Public Hearing. No comments were received and Mayor Pool closed the Public Hearing. 95-188 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 884. AUDIENCE COMMENTS Terry Pitt asked about the plans for the Waterfront Park. City Manager Saunders explained that the final plans are being drawn now and the civil engineering work is presently being done. Work will begin this winter. Fred Sommers asked if the Highlander Hut will be renovated. City Manager Saunders stated that a face-lift is planned for the Highlander Hut in the second phase. There being no further business or discussion, the meeting adjourned at 8:50 p.m. Attest: J~%-/ph E. Van Zi~,, City' Clerk