09-10-1985 Regular Meeting
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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.
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September 10, 1985
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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
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September 10, 1985
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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.
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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.
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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.
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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.
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September 10, 1985
Page -5-
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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.
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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.
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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.
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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