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09-23-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 23, 1997 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: Council Member Dupee, Council Member Sargent, and Council Member Norquist. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker and Planning Specialist Shaw-Ogden. INVOCATION The Invocation was offered by Council Member 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 9, 1997 and Special Council Meeting held September 15, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT K-Mart Kids Race Against Drugs City Manager Saunders stated that K-Mart is planning a nation-wide fund-raising event on October 26 where they will be using an area of the K-Mart parking lot will be used for a tractor race. K-Mart will donate $5 for each child who crosses the finish line and winners compete for a $10,000 scholarship. They will require a standard 3-day tent permit which can be issued administratively. Highlander Hut Odor Problems City Manager Saunders stated that the Highlander Hut was recently re-roofed and since then we have experienced odor problems. We have asked the users not to use the building until we get the problem resolved. There is very little ventilation in the attic. There may be additional ventilation or vapor barriers needed, and he asked for Council approval if it is found to be necessary. No objections were noted from the Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 2 Playground at DeSoto and Bloxam City Manager Saunders stated he has received several telephone calls about the condition of the playground at DeSoto Street and Bloxam. Earlier this year a citizens group in conjunction with the South Lake Foundation took over maintaining that playground and put in some improvements and possibly entered into an agreement with the School Board to take over maintenance of that park. For some reason the park has not been maintained for the last few months. Several of the residents called and asked that the City resume maintenance and last week a City crew cleaned it up and replaced some of the damaged equipment. Although the School District actually owns the property, the City has improved the property and maintained it over the years. He asked permission to have the park be put back on the regular maintenance schedule. 97-182 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously to maintain the park at DeSoto Street and Bloxam owned by the School District. Workshop City Manager Saunders stated that the Little League has asked to meet with the City Council in a Workshop session to discuss the upcoming season and some of the fees due to the City from the Little League. Also, several other items will be reviewed. Council agreed to schedule a Council Workshop on Wednesday, October 1 at 7:00 p.m. in the Council Chambers. CITY ATTORNEY BAIRD'S REPORT City Attorney Baird stated that Mrs. Abrahams who has a Community Development Block Grant mortgage is asking the City to subordinate the mortgage. The request will be placed on the October 14, 1997 agenda. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 3 COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee invited everyone to a South Lake Chamber of Commerce Business After Hours at Peoples State Banks Thursday night September 25 from 5:00 to 7:00 in Grovelandl MAYOR POOL'S REPORT Mayor Pool stated he was truly concerned about the Orlando Sentinel and the Lake edition specifically making a reference to the Council holding what it called "secret meetings". He was disturbed to think that the Orlando Sentinel would try to insinuate that the Council would do anything other than its best intentions for the City. He believed the Sentinel owes this Council an apology. He was also disturbed that the Sentinel insinuated that the Council has ever done or would ever do anything other than respect the "Outstanding Florida Waters" designation and work hard to maintain and insure the cleanliness of the waterways. He asked the City Manager to meet with the City Attorney and investigate whether the Lake Sentinel has libeled the City Council. He believed they libeled, slandered, and insulted the City Council and he questioned whether what they did was legal. PUBLIC HEARING RESOLUTION 961 MILLAGE RATE Mayor Pool stated that Resolution 961 would adopt the Ad Valorem millage rate of 2.979 which represents a 11.2% increase over the rolled-back rate. Council Member Dupee read Resolution No. 961 in its entirety. Mayor Pool opened the public hearing. Richard Langley asked about exceeding the rolled-back rate. Mayor Pool explained that this year's revenues exceeded last year's revenues which is possible because of new construction and/or increased valuation. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 4 City Manager Saunders stated the ad valorem millage rate of 2.979 has been maintained for the fifth consecutive year and recommended adoption. Mayor Pool closed the public hearing. 97-183 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 961. RESOLUTION NO. 962 - GENERAL FUND BUDGET City Manager Saunders stated that this Resolution will adopt the budget for General Fund. The General Fund provides for the basic tax supported services of the City, which include police and fire protection, maintenance of streets and sidewalks, parks and recreation, fleet maintenance, street lights, animal control, legal services and administration. Also included in this fund are monies for special activities such as the library and recreation and beautification projects. The proposed General Fund Budget for next year shows expenditures being less than 1% increase over the previous year. Mayor Pool read Resolution No. 962 by title only and opened the public hearing. No one asked to speak and Mayor Pool closed the public hearing. 97-184 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 962. RESOLUTION NO. 963 - INFRASTRUCTURE FUND BUDGET City Manager Saunders stated that this is the fund that accounts for the lC sales tax which was adopted by Lake County a few years ago. This fund is restricted to only infrastructure use and is a fifteen year tax. The fund is used to repay the previously approved debt for the Palatlakaha Recreation Area, the Police Department expansion, and the Public Works facility, as well as provide annual funds for other infrastructure needs. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 5 Mayor Pool read Resolution No. 963 by title only and opened the public hearing. 97-185 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll cal'l vote to adopt Resolution Nol 963. RESOLUTION NO. 964 - 1989 SALES TAX BOND FUND BUDGET City Manager Saunders stated that this fund's only function is to account for the debt service regarding the 1989 Sales Tax Revenue Bond. Revenues are generated through the infrastructure tax and transferred to this fund for the bond payment totaling $254,882 for next year. Mayor Pool read Resolution No. 964 by title only and opened the public hearing. No one asked to speak and Mayor Pool closed the public hearing. 97-186 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 964. RESOLUTION NO. 965 - WATER FUND BUDGET City Manager Saunders stated that this enterprise fund provides for the City's water services to approximately 4,300 customers. Mayor Pool read Resolution No. 965 by title 0nly and opened the public hearing. No one asked to speak and Mayor Pool closed the public hearing. 97-187 A motion was made by Council Member Dupee, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 965. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 6 RESOLUTION NO. 966 - SEWER FUND BUDGET City Manager Saunders stated that this enterprise fund provides for the City's sewer services to approximately 3,500 customers. Mayor Pool read Resolution No. 966 by title only and opened the public hearing. No one asked to speak and Mayor Pool closed the public hearing. 97-188 A motion was made by Council Member Norquist, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 966. RESOLUTION NO. 967 - STORM WATER UTILITY FUND BUDGET City Manager Saunders stated that this fund provides for storm water management. He stated they will be proceeding this year with the major project for the Central Business District which will eliminate all the direct storm water runoff into Lake Minneola from 5th Street to 8th Street. Mayor Pool read Resolution 967 by title only and opened the public hearing. Doris Freeman asked about fixing the drain in front of her home at 1124 W. DeSoto Street. City Manager stated the money is in this year's budget to f~x the storm water drain in front of her home. The engineering has almost been completed for the project which should be out to bid within a couple of months. No further comments were made and Mayor Pool closed the public hearing. 97-189 A motion was made by Council Member Dupee, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 967. RESOLUTION NO. 968 - SANITATION FUND BUDGET City Manager Saunders that the Sanitation Fund provides for garbage and trash collection, composting, and recycling. Mayor Pool read Resolution No. 968 by title only and opened the public hearing. Richard Langley asked if consideration was given to privatizing this service. Mayor Pool stated the City has compared prices received on bids and does use a private service for Kings Ridge. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 7 .No further comments were made and Mayor Pool closed the public hearing. 97-190 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 968. RESOLUTION NO. 969 - CEMETERY PERPETUAL CARE FUND BUDGET City Manager Saunders stated the fund was set up to provide perpetual care to the cemetery. All sales proceeds of cemetery lots are deposited into this restricted fund which was designed to provide funding for perpetual care and maintenance of the cemetery. Mayor Pool read Resolution No. 969 by title only and opened the public hearing. No one asked to speak and Mayor Pool closed the public hearing. 97-191 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 969. VISITORS WITH BUSINESS Bell Ceramics Mayor Pool stated a variance is requested from Bell Ceramics to the sign ordinance to allow the placement of a ground sign at the property line rather than at the 15' required setback. Mayor Pool 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. Mark Hettinger of 197 Lake Minneola Drive, Clermont and Richard Bell, 197 Lake Minneola Drive, Clermont were sworn in by City Clerk Van Zile. Mark Hettinger stated it would be possible to place the sign 30' back from the property line down East Avenue, however, because of a 40' deep ditch it is not possible to place it 15' in. There is also heavy vegetation and trees in this area. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 8 Richard Bell stated that the Council reviewed the sign situation in a workshop and assurance was given that we would have a visible sign location. City Manager Saunders stated that two hardships are justification of this request. The property is heavily wooded with a steep slope that starts at the property line and drops off into a very low area which would place the sign at a very low elevation and would require removal of trees. The Code does make provisions for the saving of a tree under a hardship provision. Staff recommends approval of the request based on the stated hardships. 97-19 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to approve the Bell Ceramic sign variance request to allow sign placement at the property_ line. Sebastian Poma Mayor Pool stated that Mr. Poma is requesting a variance to allow an additional open air sales permit on his property located at the intersection of Grand Highway and Highway 50. He 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. Lawson Wolfe, 1275 W. Lake Shore Drive, Clermont was sworn in by City Clerk Van Zile. City Manager Saunders stated that Mr. Poma is requesting a second open air sales permit for his property and the City's ordinance provides for only one open air sales permit per property per calendar year. Mr. Poma has already had one open air sales permit earlier this year. No hardship has been stated for the request and the staff recommends denial of the request. Lawson Wolfe stated that Mrs. Opal Bailey called him regarding this issue and said she talked to someone at City Hall and was discouraged from requesting a variance. No further comments were received and Mayor Pool closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 9 97-193 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to deny the second annual open air sales permit to Mr. Sebastian Poma for his property_ located at the intersection of Highway 50 and Highway 27. Resolution//960 - Clermont Regional Shopping Center City Manager Saunders stated that the applicant is requesting an amendment to Resolution No. 825 for the Clermont Regional Shopping Center to allow a ground sign on each of the two out-parcels located at the east end of the property. Mayor Pool read Resolution No. 960 by title 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. City Clerk Van Zile swore in the following: Jack Prickett William Korsinowski 2590 Villa Way, Eustis 2601 Eagles Nest Court, Orlando Jack Prickett stated he owns one of the out parcels and he will be building the Dunkin Donuts building for Mr. Korsinowski. City Manager Saunders stated that our ordinance does allow for out-parcels to have individual ground signs, however, the original Conditional Use Permit provided for only one sign for the entire center. Staff recommends approval of the amendment and the Planning and Zoning Commission also recommends approval of the amendment to allow the signs as provided for in our sign ordinance. Mayor Pool closed the public hearing. 97-194 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 960. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 10 UNFINISHED BUSINESS Final Reading of Ordinance 328-M City Manager Saunders stated that Ordinance 328-M will close and abandon a portion of Fairfield Drive which is a section of a road in Kings Ridge Subdivision. Mayor Pool read Ordinance No. 328-M by title 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. City Clerk Van Zile swore in Duane Booth, 350 N. Sinclair Avenue, Tavares. City Manager Saunders stated that this area is being re-platted to allow a change from the original layout. Prior to the new plat being approved, the old street right-of-way must be abandoned. Approval is recommended. 97-195 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Ordinance 328-M. Resolution No. 970 City Manager Saunders stated that at the end of each fiscal year we routinely adopt budget amendments to reflect approvals the City Council has made during the year for non-budgeted items or additional dollars needed for the completion of projects. Mayor Pool read Resolution No. 970 by title only which amends the General Fund budget. Mayor Pool opened the public hearing and with no comments from the audience, closed the public hearing. 97-196 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 970. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 11 Resolution No. 971 City Clerk Van Zile stated that Resolution 971 amends the water fund which is an enterprise fund, accounting for the water operations in the City. Mayor Pool read Resolution No. 971 by title only and opened the public hearing. No comments were received and Mayor Pool closed the public hearing. 97-197 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 971. Resolution No. 972 City Clerk Van Zile stated that Resolution No. 972 amends the sewer fund which accounts for the sewer operations of the City. Mayor Pool read Resolution No. 972 by title only and opened the public hearing. No comments were received and Mayor Pool closed the public hearing. 97-198 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 972. Resolution No. 973 City Clerk Van Zile stated that Resolution No. 973 pertains to the sanitation fund. Mayor Pool read Resolution No. 973 by title only and opened the public hearing. comments were received and Mayor Pool closed the public hearing. No 97-199 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 973. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 12 NEW BUSINESS Resolution No. 974 City Manager Saunders stated that this resolution will amend the pay schedule for our Volunteer Fire Department. These changes were proposed by Fire Chief Bishop and discussed by the Council during our budget workshops. We recommend approval of these changes to take effect October 1. Mayor Pool read Resolution No. 974 by title only and opened the public hearing. Richard Langley, 700 Almond Street, Clermont asked why the fire truck goes out for every fender-bender that happens. Mayor Pool stated the same question could be asked why would the ambulance go to each fender-bender. When an emergency call comes in to 911, it is not known instantly whether or not there is a fa'e, a vehicle upside down, or how minor or major it is. We would rather error on the side of safety than an error on the side of a misjudgment. The time we don't respond is the time some attorney may find we were negligent. Mayor Pool closed the public hearing. 97-200 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 974. Introduction of Ordinance 329-M City Manager Saunders stated that Ordinance 329-M is for introduction only. This ordinance will amend the rate schedule for sewer service as discussed during our budget workshops. This also includes the FPSC Deflator Annual Index adjustment that was approved last year by the City Council. Final reading of this ordinance will be at the first meeting of October with the new rate schedule taking effect with the October 30 billing. An explanation of the rate adjustment will be included in the City's newsletter which will be mailed to all residents approximately one week prior to the new billing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 13 City Manager Saunders stated that also included in this ordinance under Section 2 is a credit for charges related to the filling of swimming pools. Currently sewer bills are based on number of gallons of water used. If a swimming pool is filled, our sewer system is not affected by this water and we will provide a credit as long as the City is notified or documentation is received as outlined in Section 2. 97-201 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to introduce Ordinance 329-M. Equipment Purchase City Manager Saunders stated that Police Chief Story was successful in receiving a grant for communication and automation upgrades for the Police Department. Chief Story is requesting approval of $12,871 purchase from Computer Connection 2000 which will upgrade the computer system at the Police Department. Quotes received were as follows: Computer Connection 2000 Future Automation R & D Computers $12,871.00 $13,823.00 $15,342.35 97-202 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to approve the purchase of computer upgrade to Computer Connection 2000for $12,871. Hunters Trace Replat City Manager Saunders stated that this plat was previously approved by the Council for the old drive-inn property. They discovered an error on the plat and are requesting a replat to correct the error. City Attorney Baird stated that typographical errors in the dedication were discovered by City staff and the plat was recorded without the change, so they are requesting to replat it with the correct terminology in the dedication. CITY OF CLERMONT MINWFES REGULAR COUNCIL MEETING SEPTEMBER 23, 1997 Page 14 97-203 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to approve the replat of Hunters Trace subdivision. AUDIENCE COMMENTS Richard Langley stated he called the City several months ago regarding Bloxam as it approaches Pitt Street, there is a stop sign that is totally obscured by a tree and is a safety hazard. Speedy Wolfe stated that regarding earlier comments regarding the Sentinel, they reported "quietly negotiations". Joseph Wright stated he has noticed signs in the Johnson Replat for "sewage" and "fence". City Manager Saunders stated that DOT's contractor for the Rails to Trails started working a few days ago and they have been putting up stakes where a silt fence will be installed temporarily while they are doing their project to prevent any erosion. There is no permanent fence planned. Egress and ingress to will be maintained and Mr. Wright was invited to City Manager Saunders office to review access route alternatives. There being no further business or diScussion, the meeting adjourned at 8:48 p.m. Attest: Robert A. Pool, Mayor ~-Jo~eph E. Vaad'~ile, C4'ty Clerk