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09-22-1987 Regular Meeting e e REGULAR COUNCIL MEETING September 22, 1987 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, September 22, 1987 in the Council Chamber,s. 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 Huff and Council Member Dupee. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held September 8, 1987 and the Special Meeting held September 9, 1987 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT WORKSHOP City Manager Saunders reminded the Council of the Workshop to be held on Wednesday, September 23, 1987 at 8:30 p.m. in the Council Chambers to discuss the possible annexation of the Minneola Harbours project. SPECIAL MEETING TO CANVASS THE BALLOTS City Manager Saunders advised the Council that a Special Meeting to canvass the ballots after the Primary Election would need to be held within six days after the election. It was the consensus of Council to hold the meeting at 8:00 a.m. on Wednesday, October 7, 1987. GRANT APPLICATION REQUIREMENT - CONCEPTUAL PLAN FOR OSWALT PROPERTY City Manager Saunders reported that the grant the City was applying for to help purchase the Oswalt property required submission of a conceptual plan and environmental assessment for the property, and as discussed before, he would like Council approval to retain Lake Land Planning to do this work at a cost of $1,000. Mr. Saunders further explained that he had met with Steve Adams of Lake Land Planning to discuss the City's ideas and plans for the property, and was favorably impressed with a preliminary conceptual plan presented by Mr. Adams. Mr. Adams has had previous experience in this type of work, having participated in the City of Tavares successful grant application. 87-172 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO RETAIN LAKE LAND PLANNING FOR A FEE OF $l,OOO TO PREPARE A CONCEPTUAL PLAN AND ENVIRONMENTAL ASSESSMENT FOR THE OSWALT PROPERTY. COOPER MEMORIAL LIBRARY BOARD OF DIRECTORS' REQUEST City Manager Saunders also stated that he had received a request from the Board of Directors of Cooper Memorial Library asking the City's help in paying for $500 worth of repairs to the air conditioning system. e e REGULAR COUNCIL MEETING September 22, 1987 Page -2- It was the consensus of Council to make discussion of this request an agenda item for the next Council Meeting. CITY ATTORNEY BAIRD'S REPORT City Attorney Baird explained that he had prepared a contract between the City and seller to purchase property required for the City's flow equalization chamber, and asked for Council approval for the Mayor to sign the contract on behalf of the City. Under discussion, City Attorney Baird explained that the seller of the property had given an option to a third party to purchase the property, but was willing to sell the City two acres for $30,000 and donate one acre, thus saving the City approximately $5,000. 87-173 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO HAVE MAYOR POOL SIGN THE CONTRACT TO PURCHASE THE TWO ACRES OF PROPERTY FOR $30,000. COUNCIL MEMBER DUPEE'S REPORT As the City's representative to the East Central Florida Regional Planning Council, Mrs. Dupee asked if the Council wished for her to vote in favor of or against raising the fee schedule for DRI reviews. Council Member Dupee further stated that the ECFRPC only receives $48,000 from the State. Much discussion ensued, with City Attorney Baird asking who pays for the DRI reviews. Mrs. Dupee stated that the developer pays for the reviews and cited as an example that the proposed fee for review of a 800 - 1,500 unit multi million dollar development would be increased from $6,000 to $10,000, with other fees varying according to the size of the proposed development. City Attorney Baird stated he believed that the developer should pay for the reviews, but that the study should be commensurate with the service he gets. 87-174 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER HUFF VOTING NAY, TO FAVOR A RATE STRUCTURE INCREASE FOR DRI REVIEWS. COUNCIL MEMBER TURVILLE'S REPORT Council Member Turville reported that parking at the High School was still causing problems on East Avenue, and at the same time he had counted twenty-eight empty parking spaces in the new school parking lot. City Manager Saunders stated that the Principal at the High School, David Coggshall, had recommended "No Parking" signs or limited time parking signs on East Avenue to help alleviate the problem, and he would have to concur that the signs would be the answer. Much discussion of other possible solutions occurred, and it was the consensus of Council to place this matter on the agenda of the next Council Meeting. e . REGULAR COUNCIL MEETING September 22, 1987 Page -3- MAYOR POOL'S REPORT Mayor Pool reported that he had received several complaints about the litter around Center Lake and suggested that perhaps some service club or scout group would clean up the area as a service project. PUBLIC HEARING RESOLUTION H 562 - ESTABLISHING AN AD VALOREM MILLAGE RATE Mayor Pool explained that this resolution would adopt an ad valorem millage rate for fiscal year 1987-1988 of 2.429, which is the same as last year's rate and represents a 2.7% increase over the rolled- back rate. 87-175 Mayor Pool called for comments from those present and no one spoke for or against the proposed millage rate. Mayor Pool then read Resolution H562 in its entirety, and A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 1562 ESTABLISHING THE CITY'S AD VALOREM MILLAGE RATE AT 2.429. THE RESOLUTION WAS READ IN ITS ENTIRETY. RESOLUTION H563 - GENERAL FUND BUDGET Mayor Pool explained that this resolution would adopt the budget for the General Fund which provides for the following services of the City: 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 the fund are monies for special activities including the library and recreation programs. The General Fund Budget includes total revenues of $1,632,979 and reflects an increase of 8% over last year's budget. Proposed expenditures are $1,688,781 which also reflect an increase of 8% over last year. Mayor Pool then called for comments from those present and no one spoke for or against the proposed General Fund Budget. 87-176 A MOTION WAS THEN MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 1563 ADOPTING THE CITY'S GENERAL FUND BUDGET. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION H564 - SANITATION FUND BUDGET Mayor Pool explained that the Sanitation Fund provides for garbage and trash collection for the City. Revenues are projected to be $279,040 which is an increase of 4% over last year's budget, and proposed expenditures are budgeted at $276,666 or an increase of 13%. The increase in expenditures is due mainly to capital outlay for a new packer body for a garbage truck and increased landfill costs. ' Mayor Pool called for comments and no one spoke for or against the proposed Sanitation Fund Budget e e REGULAR COUNCIL MEETING September 22, 1987 Page -4- 87-177 A MOTION WAS THEN MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #564 ESTABLISHING THE CITY'S SANITATION FUND BUDGET FOR FISCAL YEAR 1988. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION H565 - UTILITIES FUND BUDGET Mayor Pool explained that this fund provides for the City's water and sewer services to over 2,600 customers. Revenues are projected to be $1,044,200 which is an increase of 1% over last year and expenditures are budgeted at $988,994 which is an increase of 9% over last year. The increase of expenditures is due mainly to the debt service requirement of the treatment plant expansion project now under construction. Mayor Pool called for comments from those present and no one spoke for or against the proposed budget. 87-178 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 1565 ESTABLISHING A UTILITIES FUND BUDGET FOR FlSCAL YEAR 1988 FOR THE CITY. THE RESOLUTION WAS READ BY TITLE ONLY. . Upon completion of adoption of the budget for fiscal year 1987-1988, the Mayor commended the City Staff for their work in putting together a conservative, cost effective budget. VISITORS WITH BUSINESS FRED SOMMER - REQUEST TO HOLD A STREET PARTY Fred Sommer appeared before Council to request permission to hold a dinner and street dance the evening of October 31, 1987 following the Florida Challange Triathlon. Mr. Sommer stated that the awards dinner would begin at 6:00 p.m. followed by the dance which would begin at 8:00 p.m. and end at midnight. The dance would be open to the general public as well as the triathletes. Several Council Members praised Mr. Sommer's efforts in putting on the triathlons over the past few years, and wished him well with the October event. 87-179 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO GRANT MR. SOMMER PERMISSION TO HOLD A DINNER AND STREET DANCE ON THE EVENING OF OCTOBER 3l, 1987. STEVE GRIMM VARIANCE REQUESTS Mr. Steve Grimm appeared before Council to request two variances to the rear yard setback requirement for his property located at 1760 Twelfth Street. The first request was to install a screened enclosure for the existing swimming pool six feet from the rear property line, whereas nine feet is required. City Manager Saunders explained that in November of 1986 the City's Zoning Ordinance was clarified to include that pool decking must also be located nine feet from the property line. Prior to this only the pool had to be located 9' from the property line, and the revision of the ordinance has placed a hardship on Mr. Grimm's property because his pool had been installed under the old ordi- nance. Mr. Saunders also pointed out that the proposed pool e e REGULAR COUNCIL MEETING September 22, 1987 Page -5- enclosure would not have any roof, nor would it interfere with the free flow of light and air. It was pointed out that requests similar to Mr. Grimm's second request for a rear yard setback of 19' whereas 25' is required in order to construct an addition to a screen room with a roof had been denied in the past, and that within the past year two such requests in Mr. Grimm's neighborhood had been denied. Under discussion, it was pointed out that Mr. Grimm could have a 3' overhang into the 25' rear yard setback requirement with no variance, and therefore could have a four foot overhang on the back of his house with no variance. 87-180 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE TO THE REAR YARD SETBACK REQULREMENT OF 9' to 6' FOR THE POOL ENCLOSURE AND TO DENY THE REQUEST FOR THE REAR YARD SETBACK REQUIREMENT OF 25' TO 19' FOR THE ROOFED ENCLOSURE. . UNFINISHED BUSINESS SOUTH LAKE ART LEAGUE REQUEST FOR A CONTRIBUTION It was reported that the South Lake Art League had requested a contribution of $300 from the City to help with operating expenses such as electric and water bills. Mayor Pool stated that he believed that any contribution from the City should not go toward expenses, but could be utilized to promote a specific art project. It was pointed out that several years ago the City had made donation to the Art League to help sponsor art for children and the past two years the City has donated to the "Big Draw" art contest. 87-181 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, AND SECONDED BY COUNCIL MEMBER DUPEE TO GRANT THE RE UEST FOR THE DONATION ONLY FOR THE PROMOTION OF ART IF IT I TIED TO THE PARKS AND RECREATION COMMISSION S SUMMER RECREATION PROGRAMS. After the motion was made and seconded, some further discussion of the request occurred. Council Member Turville stated that he was leary of allocating taxpayers' money to the Art League to help pay expenses. THE MOTION AND SECOND WERE THEN WITHDRAWN. The City Manager was directed by Council to contact the Art League I to explain the Council's position. NEW BUSINESS INTRODUCTION OF ORDINANCES l87-M THROUGH 190-M - COMMERCIAL GARBAGE COLLECTION FRANCHISES It was explained that Ordinances l87-M and l88-M were renewals of existing franchises with Dump All, Inc. and Commercial Garbage Collection (formerly South Lake Refuse), and Ordinances l89-M through 190-M were new franchise agreements with A & A Sanitation, and DisposAll. It was pointed out that with the passage of these ordinances, all six companies franchised within the City would be operating under the same conditions. Presently, the franchise fee being paid to the City is l%, which will increase to 7.5% on December 1, 1987. e e REGULAR COUNCIL MEETING September 22, 1987 Page -6- 8'7-182 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE l87-M. Laura Cook, who was present in the audience, stated that her husband had been injured by a faulty dumpster and questioned the Hold Harmless Clause in the contract provided by the company. . 87-183 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER TURVILLE TO INTRODUCE ORDINANCE lBB-M. 87-184 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER HUFF TO INTRODUCE ORDINANCE l89-M. 87-185 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 190-M. The ordinances were read by title only by Mayor Pool. The final reading and adoption is scheduled for the October 13, 1987 Council Meeting. AUDIT AGREEMENT Each Council Member received a copy of this year's agreement for auditing services with the firm of Greenlee, Kurras, Rice and Brown. City Manager Saunders explained that the fee for last year was $16,000 and this year's fee would be $18,000. Last year the original agreement was for $14,000, but the auditors requested an additional $4,000 for added expenses due to additional reporting requirements which had to be met. At that time the City agreed to split the additional costs and the contract was increased to $16,000. This year's fee of $18,000 is comparable to fees charged for other cities the size of Clermont. It was pointed out that the firm had been the City's auditors for a number of years and that they were always willing to help the City any time during the year. 87-186 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE AUDITING AGREEMENT FOR AUDITING SERVICES WITH THE FIRM OF GREENLEE KURRAS, RICE AND BROWN IN THE AMOUNT OF FOR THE FISCAL YEAR ENDED SEPTEMBER , 1 87. CHANGE ORDER HI - LAKESHORE DRIVE PROJECT City Manager Saunders explained that the document was Change Order HI for the reconstruction of Lakeshore Drive, and was actually a correction to the original contract to remove the alternate bid from the contract. The bid award was for only the first phase, but an error was made in the original contract which included the alternate. This Change Order will correct all documents to reflect only the first phase, which was awarded. 87-187 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO APPROVE CHANGE ORDER II FOR THE LAKESHORE DRIVE PROJECT WHICH WILL CORRECT ALL BID DOCUMENTS TO INLUDE ONLY THE FIRST PHASE OF CONTRUCTION WHICH WAS AWARDED. -iiiiiili. e e REGULAR COUNCIL MEETING September 22, 1987 Page -7- PROPERTY APPRAISAL AGREEMENT City Manager Saunders explained that the application for the grant to purchase the recreation site on Twelfth Street required that the City obtain two State approved appraisals on the property. Proposals were requested from eight different appraisal firms, and the following five proposals were received: Craig H. Clayton George C. Barilone Real Property Analysts J.F. Kurras Hastings & Associates $2,800 $2,800 $2,950 $3,500 $4,200 City Manager Saunders then recommended that the City accept the 87-188 two lowest proposals, and A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE PROPOSALS OF CRAIG H. CLAYTON AND GEORGE C. BARILONE EACH IN THE AMOUNTY OF $2,~00 FOR THE REQUIRED STATE APPROVED APPRAISALS OF THE TWELFTH TREET PROPERTY. BUDGET AMENDMENT Finance Director Van Zile explained that the budget amendment, which is actually a transfer of funds from Salaries and Benefits to Repair and Maintenance - Buildings for the listed departments, was necessary due to the City's conversion in January of 1987 to an outside jani- torial service. Mr. Van Zile further explained that a salary had been budgeted for the 1987 budget year for a fulltime employee, but with the reti.rement of Percy Coleman on December 31, 1986, the City went with the private janitorial service, and costs had to be allocated for maintenance of the City's buildings. The budget amendment was recommended as follows: GF H13 Increase - Finance Increase - Police Increase - Other General Government Increase - Parks - Recreation Decrease - Salaries - Benefits Repair-Maint. Repair-Maint. Repair-Maint. Repair-Maint. - Buildings - Buildings - Buildings - Buildings $1,162 $1,073 $ 179 $2,055 [$4,469] Under discussion of this budget amendment, it was the consensus of Council that this method would be a more equitable method of allo- cating costs for maintenance of the City's bUildings. 87-189A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ADOPT THE BUDGET AMEND- MENT AS RECOMMENDED BY FINANCE DIRECTOR VAN ZILE AND AS LISTED ABOVE. APPOINTMENTS ELECTION BOARD It was reported that the City would be holding a Primary Election on October 6, 1987, due to the qualifications of three people for Seat IV. It was recommended that the following people be appointed to the Election Board for this election, and that they be paid $3.75 per hour for fourteen hours of work, with the Clerk receiving an additional $15 for extra duties: e e REGULAR COUNCIL MEETING September 22, 1987 Page -8- Millard Coggshall, Clerk Goldie Wilson Florence Herda Frances Oswalt Ella Mae Sheldon Betty Konsler Charles, Konsler, Deputy 87-190 A MOTION WAS MAE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO APPOINT THOSE PEOPLE LISTED ABOVE TO TO THE ELECTION BOARD FOR THE OCTOBER 6, 1987 PRIMARY ELECTION WITH COMPENSATION AS RECOMMENDED. PLANNING AND ZONING COMMISSION APPOINTMENT 87-191 It was reported by City Manager Saunders that a vacancy had been created on the Planning and Zoning Commission with the recent recommendation and subsequent removal of Gloria Johnson. Mr. Saunders then asked if anyone wished to make an appointment to fill the vacancy. Council Member Dupee stated that she would like to recommend Dorothy McGriff to fill the vacancy. Council Member Huff then moved that the nominations be closed and A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO APPOINT DOROTHY MCGRIFF TO FILL THE UNEXPIRED TERM OF GLORIA JOHNSON ON THE PLANNING AND ZONING COMMISSION. PUBLIC COMMENTS Laura Cook and Kathy Parsell, who were present in the audience, expressed their desire to work with the City in any capacity to help rewrite the Animal Control Ordinance and Impoundment Pro- cedures. Council Member Turville stated that he would like to hold a Workshop to discuss the new Animal Control Ordinance and Impound- ment Procedure. It was the consensus of Council to hold the Workshop on Tuesday, September 28, 1987, at 6:00 p.m. in the City Hall Conference Room. Council Member Huff asked of the status of rewriting the sign ordinance. City Manager Saunders stated that the project has been on hold since the City Planner left, but that he would get the Committee back together to continue with the project. There being no further business or discussion, the meeting adjourned at 9:15 p.m. &~~ Ro ert A. Poo, ayor Attest: ~~tJJZ City Clerk