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09-10-1985 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 10, 1985 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, September 10, 1985 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Cole, Council Member Henry and Council Member Huff. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Brandt. INVOCATION The Invocation was given by Cuqui Whitehead followed by the re- peating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held August 23, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT BAPTIST CHURCH It was reported that the Baptist Church wished to perform "Christmas Under the Stars" again this year, and had requested permission to block off Fifth Street between DeSoto and Montrose Streets for three hour performances on December 21st and 22nd. It was the consensus of Council to allow this request. BETA THETA BIKE-A-THON It was reported that the Beta Theta Chapter of ESA had requested permission to hold its fourth annual bike-a-thon for St. Jude's Hospital in Margaree Gardens on October 19, 1985. In the past, the organization has used the subdivision, and there have been no problems. Council, Member Turville stated that he had no problem with the request, as long as advanced notice was given to the property owners in the subdivision. It was the consensus of Council to grant this request. BUCKET TRUCK It was reported that Public Works Director Smythe had asked for proposals to repair the City's bucket truck. The Asplundh Service Center in Tampa is the only company in Central Florida which will repair the truck. Originally the estimate for repairs was in excess of $14,000, but Mr. Smythe went to Tampa to discuss the proposal and it was determined that the needed repairs could be made for $10,581. Mr. Saunders further stated that a budget amendment in the amount of $10,581 from General Fund Reserves would be needed if the re- pairs are made. Some discussion ensued concerning the purchase of a new truck versus a newer used truck, and it was decided that it would be best to repair the existing bucket truck. 85-1:tA MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO AMEND THIS YEAR'S BUDGET IN THE AMOUNT OF $10,581 FROM GENERAL FUND RESERVES TO REPAIR THE CITY'S BUCKET TRUCK. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 10, 1985 Page -2- INSURANCE It was reported that the City's Insurance Policy had been cancelled, effective December 1, 1985. The Company insuring the City would no longer be handling municipal insurance. The City is in the process of writing new specificat10ns and will be advertising for proposals. The City has until December 1, 1985 to contract with a new insurance carrier. CITY ATTORNEY'S REPORT HIGHLANDER HUT City Attorney Baird reported that'the City had been approached by the YMCA concerning the leasing of the Highlander Hut property for the construction of a swimming pool and related facilities. In his research, it was found that the property was given to the City with a deed restriction that the property be held for public park purposes. It was stated that the City could file a complaint for declaratory judgement in Circuit Court, and have the Court determine if the City could lease the property to the YMCA. Court costs would be approximately $900. Council Member Turville stated that he would like this matter to be an agenda item, so the public would be informed of the discussion. City Manager Saunders stated that he would place the matter on the agenda of the next Council Meeting. MAYOR'S REPORT GROCERY CARTS Mayor Pool asked that the City do something about the abandoned grocery carts by the Junior High School. City Manager Saunders stated that he would write a letter to store owners asking them to pick up the carts. VISITORS WITH BUSINESS ASPEN ENTERPRISES, INC. REQUEST TO INSTALL INDIVIDUAL WATER METERS ON 180 SITES OF THE EXISTING EMERALD LAKES MOBILE HOME PARK Fred Morrison, an attorney representing Aspen-Emerald Lakes Associates, Ltd., appeared before Council to request approval of the installation of individual water meters on 180 sites of the existing mobile home park. Mr. Morrison stated that this request was being made for the following reasons: (1) Conser- vation of water~ (2) Uniformity, since 31 sites have individual meters and 180 do not~ and (3) it was felt that it was an unfair subsidy for part-time residents to pay the water payment compo- nent of their rent year round. Individual meters would allow them to turn the water off when they are gone. Mr. Morrison explained that the monthly rent payment would be reduced to reflect the water payment, if the meters are installed. He also stated that Aspen-Emerald Lakes Associates, Ltd. wished the City to make a decision on this request so the owners could proceed with their plans for the park. He stressed that the litigation between the mobile home park and the Emerald Lakes Homeowners' Association concerning the installation of the 11- e e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 10, 1985 Page -3- water meters and the request being made by the park were two totally unrelated matters, and should be treated as such. (See Mr. Morrison's letter dated July 22, 1985 and made ,part of this official record). Council Member Turville stated that he felt that if the City agreed to the request, it would appear that the City would be siding with the corporate interests. Mayor Pool and Council Member Turville further stated that they felt the City should not be involved in any manner. It was pointed out that the Courts will have to make a decision regarding The Mobile Home Act. The State, not City, has jurisdic- tion in the matter, and the Courts should make a final decision before the City becomes involved. 11 85-15~fter some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED THAT THE CITY MAINTAIN ITS CURRENT STATUS QUO BY NOT BE- COMING INVOLVED UNTIL THE LITAGATION IS ENDED BETWEEN EMERALD LAKES MOBILE HOME PARK AND THE EMERALD LAKES HOMEOWNERS' ASSO- CIATION. LAKE WINONA RESIDENTS - REQUEST TO PURCHASE PROPERTY ALONG LAKESHORE DRIVE BETWEEN THE LAKESHORE DRIVE RIGHT-OF-WAY AND LAKE WINONA. Linda Beal, representing a group of property owners on Lakeshore Drive, appeared before Council to request that the City deed the property located between the West Lakeshore Drive right-of-way and Lake Winona to each property owner according to the frontage of each lot. She further explained that the property owners were willing to pay the City $24,000 ($2,000 per lot) for the strip of land, and that they would agree to maintain it in the same manner as the City. Dennis Cannon, one of the property owners, also appeared before Council to explain the property owners' position that both the City and the property owners would be winners if the City sold the property to them. After listening to the presentation, Council Member Turville stated that he had grave reservations concerning deeding this property. The City would lose its only public access to Lake Winona and guaranteed open space for future parks and recreation development. He also stated that he did not want the property declared surplus and if it was sold, it should be by public bid to allow all residents of the City a chance to buy it. City Attorney Baird stated that other property had been deeded to upland property owners on Lakeshore Drive because a street was abandoned. Quit Claim deeds were issued and the State issued a disclaimer for whatever interest it might have in the property. In this case, no street is being closed. Mr. Baird continued by stating that the City must decide: (1) if it wants to sell the property in question, (2) if so, how, (private or public sale) and (3) for how much. Council Member Huff stated that he felt the property was too narrow and could not be used as a City Park because it would cause severe parking problems. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 10, 1985 Page -4- Dan Boone, Mr. and Mrs. Roy Heilscher, and Harvey Nagel, who are upland property owners, also spoke if favor of purchasing the property from the City. Much discussion ensued concerning the width of Lakeshore Drive, the width of the right-of-way in that particular area, and how the property should be conveyed, if it was sold to the upland property owners. 85-15~After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE THAT THE LAND IN QUESTION WAS NOT FOR SALE. This motion died for lack of a second. Some more discussion ensued concerning the fact that the $2,000 per lot sale price was too low. City Manager Saunders stated that he believed an appraisal should be completed showing the value of the upland property with and without the lake frontage, thus establish- ing a fair price for the lake front property. 85-15~After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, AND SECONDED BY COUNCIL MEMBER COLE TO SELL THE PROPERTY AFTER AN ESTABLISHED APPRAISAL IS COMPLETED ON THE PROPERTY WITH THE MONEY REALIZED GOING TO THE PARKS AND RECREATION FUND. Under discussion, City Attorney Baird pointed out that a Resolution must be written declaring the property to be sold surplus. It also must be established who is going to pay for an appraisal, how the property will be sold, and what type of deed will be issued. After a brief discussion concerning these matters, Council Member Cole withdrew his second and Council Member Huff withdrew the motion. ., 85-l5~A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY TO HAVE A RESOLUTION WRITTEN DECLARING THE PROPERTY BETWEEN THE LAKESHORE DRIVE RIGHT-OF-WAY AND LAKE WINONA BETWEEN SETTLE STREET AND BRANTLEY CIRCLE SURPLUS AND FOR PRIVATE SALE TO THE UPLAND PROPERTY OWNERS AND MRS. KENNEDY, IF SHE IS INTERESTED. THESE PROPERTY OWNERS WILL PAY FOR AN APPRAISAL TO ESTABLISH A VALUE FOR THE PROPERTY. THE PROPERTY WILL BE SOLD BY QUIT CLAIM DEED WITH DEED RESTRICTIONS TO BE NEGOTIATED WITH THE PROPERTY OWNERS. NEW BUSINESS INTRODUCTION OF ORDINANCE l75-M - REZONING SOUTH 130 FEET OF LOTS 18 AND 20, BLOCK 93, THE SOUTH 30 FEET OF THE WEST 1/2 OF LOT 13, THE WEST 1/2 OF LOT 14, SOUTH 30 FEET OF LOT 15 AND LOT 16, BLOCK 93, FROM R-3 RESIDENTIAL/PROFESSIONAL TO C-l LIGHT COMMERCIAL Mayor Pool explained that the property requesting to be rezoned was located across from the Post Office. At the September 4, 1985 Planning and Zoning Commission Meeting, the Commission unanimously recommended approval of this request. City Manager Saunders pointed out that the requested change would conform with the City's Comprehensive Plan and Future Land Use District Map. The C-l zoning would allow the property to be used for a greater variety of purposes. ;;;;;;.. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 10, 1985 Page -5- B 85-l5~A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE l75-M. PUBLIC HEARING R~SOLUTION NO. 508 - MILLAGE RATE Mayor Pool explained that Florida Statutes require the City to discuss the percentage increase in millage over the rolled-back rate necessary to fund the budget, if any, and the specific purposes for which ad valorem tax revenues are being increased. It was explained that the City is not proposing to increase the millage over the rolled-back rate, and the proposed millage rate is 2.429. Money funded by property assessments is delineated for the General Fund. Mayor Pool called for comments from those present in the audience and no one spoke for or against the millage rate. ~ 85-155 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 508 ESTABLISHING THE MILLAGE RATE FOR FISCAL YEAR 1985-1986 AT 2.429 MILLS. THE RESOLUTION WAS READ IN ITS ENTIRETY BY MAYOR POOL. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, COLE, HUFF AND HENRY, AYE~ AND MAYOR POOL, AYE. RESOLUTION NO. 507 - GENERAL FUND & REVENUE SHARING FUND Mayor Pool explained that Resolution No. 507 would adopt the final budgets for the General and Revenue Sharing Funds. 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 finance and administra- tion. Also included in this fund are monies for special purposes and activities, such as Cooper Memorial Library and recreation programs. Total expenditures of $1,430,889 are requested for the General Fund Budget. Total expenditures requested for the Revenue Sharing Budget are $28,952. This fund provides money to be used for Capital Outlays. Mayor Pool called for comments from those present and no one spoke for or against the General Fund and Revenue Sharing Fund Budgets. "0 85-1&& After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 507. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, HUFF, COLE AND TURVILLE, AYE~ AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 506 - SANITATION FUND BUDGET Mayor Pool explained that the Sanitation Fund provides for garbage and trash collection, and total budgeted expenditures are $237,074. Mayor Pool then called for comments from those present in the audience, and no one spoke for or against the Sanitation Fund Budget. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING September 10, 1985 Page -6- 85-1~A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 506. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS TURVILLE, COLE, HENRY AND HUFF, AYE~ AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION 505 - UTILITY FUND BUDGET It was explained that expenditures of $848,692 were budgeted for the Utilities Fund, and that it provides for the water and sewer services of the City. It was pointed out that no increase in rates was proposed for this year. Mayor Pool called for comments from those present, and no one spoke for or against Resolution No. 505. 85-1~A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER, HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 505. . VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, COLE, TURVILLE AND HUFF, AYE~ AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. There being no further business, the meeting adjourned at 9:30. ~A- Q ~,.E/ Robert A. Pool, Mayor Attest: Clerk