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10-23-2001 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2001 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 23, 2001 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members MacLauchlin, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown and Deputy City Clerk Studdard. INVOCATION The Invocation was offered by Council Member Mullins, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to approve the minutes of the Regular Council Meeting held October 23, 2001. REPORTS City Manager Saunders' Report City Manager Saunders discussed with the City Council current garbage/sanitation costs. He stated that the City is currently disposing of our solid waste at the Lake County incinerator and that research of other facilities had found that the City could utilize a transfer station in Orange County at a savings of up to 130,000 to 150,000 per year. He further stated that he had discussed the issue with Lake County and recommended approval of delivering to the new site for disposal. A motion was made by Council Me~nber Mullins, seconded by Council Member MacLauchlin, and carried unan#nousl? to pursue new arrangements with Waste Management to utilize the transfer station in Orange Coun_tF for waste disposal. Council Member Mullins' Report Council Member Mullins stated that Council Member MacLauchlin had been honored at the October 19, 2001 Chamber of Commerce Breakfast as the October 2001 Gem of the Hills. Council Member Renick's Report Council Member Renick stated the Sugarloaf issue was discussed at the Council workshop meeting the previous evening and a motion was needed to move forward with draffing a letter to the Govemor and Cabinet in support of the Lake County Board of County Commissioners' and the Lake County Water Authority's opposition to the Sugarloaf Development. She further stated that she would be attending the meeting in Tallahassee and would like to represent the City and present the letter. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2001 Page 2 A motion was made by Council Me~nber Renick, seconded bY Council Me~nber Mullins, and carried unanbnousl_¥ to direct StalTto send letter in support of the Lake County Board of Coun~ Commissioners' and the Lake County Water Authori~ 's opposition to the Sugarloaf Development to the Governor, and to authorize Council Me~nber Renick to represent the City at the October 30, 2001 meeting in Tallahasse to present the letter at that time. Mayor Turville's Report Mayor Turville stated that he had received numerous calls regarding the mosquito situation and would like to research the costs of the City obtaining a permit and equipment to allow spraying more often than the every 5 to 6 weeks that the County is currently providing, and stated that he had asked City Manager Saunders at the Council workshop meeting the previous evening to gather more information regarding this. NO OTHER REPORTS PRESENTATIONS Mayor Turville then introduced Carol Harhson, Liaison to the City Council for the Beautification Committee, to present a Certificate of Appreciation to Harry E. Payne. Ms. Harrison then presented the Certificate to Mr. Payne and recognized his efforts in beautifying the City. She then requested that Oakley Scarer speak regarding Mr. Payne's efforts. Mr. Seaver stated that Mr. Payne has picked up trash in certain neighborhoods for many years and should be recognized for the tons of garbage he has removed from the City over the years. CONSENT AGENDA Mayor Turville read the items of the Consent Agenda and asked if anyone wished any item to be pulled for discussion: Item 1 - Lease Agreement Approval of Second Amendment to Lease Agreement with Lake County, relating to 882 Desoto Street (Sheriff's Substation) Item 2 - Inteflocal Agreement Approval of Traffic Signal Maintenance Interlocal Agreement Renewal with Lake County Item 3 - Interlocal Agreement Approval of Interlocal Agreement between Lake County and the City accepting Recreation Grant Funds Item 4 - Surplus Property Declaring certain machinery/tools & office equipment surplus for public auction CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2001 Page 3 Item 5 - Audit Services Approval of Agreement with Greenlee, Kurras, Rice & Brown, P.A. to provide Audit Services for the year ending September 30, 2001 Item 6 - Open Air Sales & Tent Permit Approval of Open Air Sales & Tent Permit for north side of S.R. 50, east of Dunkin Donuts for Christmas tree sales Item 7 - Open Air Sales & Tent Permit Approval of Open Air Sales Permit for First United Methodist church property on north side of S.R. 50 between Seventh & Eighth Streets for Christmas tree sales A motion was made by Council Member Mullins, seconded by Council Member MacLauchlin, and carried unanimously to approve Ite~ns One through Seven of the Consent Agenda. UNFINISHED BUSINESS Ordinance No. 311-C - Final Reading Mayor Turville read the ordinance by title only and stated that this had been discussed at the Council workshop meeting the previous evening. Planning Director Brown highlighted the changes to the ordinance as discussed at the Council workshop meeting. Council Member Mullins discussed with Planning Director Brown the tree requirements versus square footage. Mayor Turville stated that he was concerned that the use of mulch to cover exposed ground might inhibit the growth of planted ground cover and suggested changing the language to read, "exposed ground should be planted to ensure speedy coverage with material known for rapid growth, at City Staff's direction." After discussion it was the consensus to delete the entire statement regarding the use of mulch in relation to exposed ground coverage for the time being. Mayor Turville opened the public hearing at this time. Carol Harrison, 198 W. Osceola Street, asked if this ordinance would restrict severe trimming of trees. Planning Director Brown 'stated the ordinance does include specifications regarding maintenance and trimming of trees. Mayor Turville closed the public .hearing at this time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2001 Page 4 City Attorney Guthrie stated that this ordinance should be tabled to the next meeting for adoption due to the numerous changes made to it as a result of the workshop meeting. motion was made by Council Member Mullins, seconded by Council Me~nber MacLauchlin, and carried unanimously to table Ordinance 311-C until the ~neeting of November 13, 2001 (time certain). VISITORS WITH BUSINESS Resolution No. 1234 - Casto Southeast, Inc. Mayor Turville read the resolution by title only. Planning Director Brown stated this request is for a Conditional Use Permit to create a Planned Unit Development consisting of a 204 unit apartment complex on approximately 17 acres located at the southwest comer of Citrus Tower Boulevard and Oakley Seaver Drive. He stated that Staff recommends approval of the request as an appropriate use at his location with the stated conditions. Planning Director Brown stated that the Planning & Zoning Commission had recommended denial of the request at their October 2, 2001 meeting and requested water comparison information at that time. Mr. Brown then distributed water comparisons provided by the applicant to the City Council. Mayor Turville opened the public hearing at this time. Deputy City Clerk Studdard swore in the following: Mark Sneed, Don M. Casto Organization, 1064 Kerwood Circle, Oveido, the applicant, stated this would be an expansion of the existing Villages at East Lake project, with the same developers and style of development. He then stated he would be available to answer questions. Drew Smith, Don M. Casto Organization, 480 N. Orlando Avenue, Winter Park, stated that it had been indicated by the City Council in the past that this location would be ideal for this project. He then spoke regarding the quality of their existing project in the City. Nancy Fullerton, 364 W. Montrose Street, spoke in opposition to the project due to density and water issues. She spoke regarding the recent adoption of Resolution 1202 petitioning the St. Johns River Water Management District. She asked how many tenants would occupy a 204 unit apartment complex and if the City has a general required number of apartments the City needs. Abraham Torres, 2007 Crestridge Drive, spoke in opposition to the request due to schools, roads and water. He asked if the Citrus Toxver area is the best place for apartments and stated that the City does not have proper planning. Mayor Turville closed the public hearing at this time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2001 Page 5 Mr. Sneed spoke regarding issues brought up by thc public and stated that thc traffic analysis reflects that apartments would generate less traffic that professional offices. Mr. Smith stated that his research shows that there arc 840 apartments built and approved within thc City and that, including this project, this number would supply the demand for apartments for the next three years. Mayor Turville asked Staff to verify thc number of apartments cited by Mr. Smith. Planning Director Brown stated the current number of existing apartments in thc City is 455. He then stated that the Lost Lake Development project has 300 units approved and 300 unapprovcd, 330 units were approved as a part of thc Jaymark PUD known as The Fountains and 300 units were approved in thc PUD for Daryl Carter, making the current number of built or approved apartments 1 (i91. Council Member Mullins asked when the Fountains apartment project had been approved. City Manager Saundcrs stated approximately two years ago. Council Member Mullins stated that the permit for that project might soon expire. Mayor Turville asked Staffhow many single family residences exist in the City limits. City Manager Saunders stated approximately (~500. Discussion followed regarding the number of apartments that arc needed in thc City. Council Member Mullins stated that the water comparison reflects that multi-family would use more water than medical professional offices. Discussion followed regarding water usc for medical offices versus non-medical. City Manager Saunders stated that, based on utility impact fees, medical offices usc more water than non-medical offices and that thc numbers used in the comparison were worse-case scenario for medical offices, but that medical offices had bccn envisioned at this location. Hc then stated that thc number cited on the comparison provided for multi-family was inaccurate duc to a mathematical error and should be approximately 65,000 because thc 10,237.5 gallons per day cited for thc 80 one bedroom units should be over 18,000. Council Member Mullins asked if this property has hcen zoned for multi-family for a long time. City Manager Saundcrs stated that thc Comprehensive Plan did recognize this area as a potential area for multi- family. Mayor Turville stated that the City has not divided its Multi-Family/Professional Office zoning classification, therefore an area zoned for professional office would inc.lude an allowance for multi-family in that zoning. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2001 Page 6 He further stated that the intention in zoning this location Multi-Family/Professional Office was probably toward professional offices due to its location to the hospital and that the zoning classification should be changed to avoid the higher densities. Council Member MacLauchlin stated that perhaps after the first apartment projects are built those who received approval for their projects later might think twice about building theirs. She stated that, for this type of project, she believes timing is critical. Mayor Turville reviewed the City's current water permitting situation and stated he could not approve a multi- family project when the water may not be there. Council Member Mullins stated that there will be more people in the City to use water whether they are apartment dwellers or not and that apartments dwellers use less water. He stated that this site has been zoned for multi-family for years and that, as Council Member MacLauchlin stated, perhaps some of the developers with permits for apartment projects will not build, but the location is appropriate. A motion was made by Council Me~nber Renick and seconded by Mayor Turville to deny Resolution No. 1234. The applicant requested to speak at this time. Mayor Turville deferred to City Attorney Guthrie as to whether it would be appropriate to allow the applicant to speak at this time. City Attomey Guthrie stated it would be at the Mayor's discretion to allow or disallow public comment. Mayor Turville then extended an opportunity to allow anyone to speak at this time. Mr. Sneed requested that the City Council continue the request until the water issue is better resolved. Mr. Smith concurred with Mr. Sneed. Discussion followed regarding whether a tied vote of the City Council would create a 'with prejudice' denial. City Attorney Guthrie stated there was a danger of that occurring and of the applicant being barred from reapplying for a 12 month period. Mayor Turville rescinded his second of the motion to deny Resolution No. 1234. A motion was ~nade b.v Council Metnber Renick, seconded b.v Ma.vor Turville, and carried unanimousl? to table Resolution No. 1234_for 120 da.vs. NEW BUSINESS Large Scale Comprehensive Plan Amendment Transmittal Planner Barbara Hollerand .presented the transmittal. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2001 Page 7 She stated that thc Land Usc Map Amendments were necessary in order to bring thc recently annexed properties into the City's Plan from thc County and described thc four parcels involved. Council Member Rcnick stated these properties wcrc annexed into thc City earlier this year. Planner Hollcrand stated some changes were made to thc language in order to update thc document to the present. Planner Hollcrand further stated that in Policy 6.1, regarding impervious surface maximums, it was found that thc City's code was more liberal than what was in thc transmittal, therefore thc transmittal was amended to concur with thc current code requirements. She stated it was changed to $5% from thc original 40% shown for residential. Council Member Mullins referred to the status of'very low income' used in the Transmittal and stated that, based upon the numbers used, the City should provide more low income housing. Nancy Fullcrton, 364 W. Montrosc Street, asked why thc residential impervious surface number was made more liberal. Mayor Turville stated that thc City was granting numerous variances for pools and that this change would help remedy that situation. He further stated that was the primary allowance with thc new number. Council Member Mullins stated the ratio was made up of two numbers. Planning Director Brown stated that 40% was for home, drives and sidewalks with thc remaining 15% for pool. ~4 motion was made b_¥ Council Member Mullins~ seconded by Cou~cil Member MacLauchlin, and carried unanimo,tsl~¥ to transmit the Large Scale Comprehensive Plan ~4mendment. City Manager Saunders voiced his appreciation to Planner Barbara Hollcrand as well as Planning Director Brown for their hard work and effort in preparing this transmittal. Appointment of Mayor Pro Tern Mayor Turvillc stated that with the resignation of Council Member Biddle a new Mayor Pro Tcm needed to bc appointed. Council Member MacLauchlin nominated Council Member Mullins. /1 motion was made by Council Member MacLauchlin, seconded b_)~ Co~mcil Member Renick, and carried ~tnanimousl¥ to appoint Council Member Mulli,s as MaYor Pro Tern for the remainder of tl~e ~tnexpired t~.~o year term. Mayor Turvillc asked if anyone wished to speak on any other issues. Richard Tegan, 2292 Twickingham Court, stated that the Kings Ridge residents arc paying a monthly fcc to thc City for reuse xvatcr and that thc Publix center is using Kings Ridge water at no charge. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2001 Page 8 City Manager Saunders stated that the provision of water to the Publix shopping center from Lennar was an internal agreement between the two parties and that the City was not privy to that information. City Manager Saunders stated that the City is in discussion with Rob Ahrens of Lennar Homes regarding reuse water at this time. Mayor Turville stated that Alan Oyler, employee of the City of Orlando, had attended last night's workshop meeting and had indicated that the City of Orlando might service Kings Ridge reuse water needs in the future. Jim Purvis, 4206 Hammersmith Drive, stated that representatives of Lennar Homes blame the City for the $5.65 monthly reuse water charge to Kings Ridge residents and asked the City Council to agenda the topic for further discussion. City Manager Saunders stated that he had met two weeks ago with Rob Ahrens and his attorney along with City Attorney Guthrie. He stated that he had relayed previous to that meeting changes to be made to the reuse water agreement based upon the concerns stated by Kings Ridge residents, and requested that Lennar forward the revised agreement to the City as soon as possible for City Council approval. He further stated that at this time the City has not received those revisions. Mayor Turville stated that this issue should be placed on a City Council agenda in 30 days. H.M. Harris, Jr., 12646 Scottish Pines Lane, spoke regarding late fees associated with utility payments. Bob Stroble, 3813 Searborough Court, requested that the City Council also add discussion of equalization of east and west water rates to the City Council agenda. Mayor Turville stated that the City is looking at the overall system and individual issues related to the two systems at this time prior to creating a new, more equal, rate structure. Mr. Stroble asked if the City could charge more (125%) for users outside the City limits. Mayor Turville stated that is being looked at as well. City Manager Saunders stated that some situations would not allow the 125% charge, but that a new rate schedule will be brought to the City Council. There being no further business, the meeting was adjourned at 9:00 p.m. Hal Turville, Mayor Mern~ ~ndum TO: Joe Van Zile, Finance Director Wayne Saunders, City Manager Teresa Studdard, Administration Assistant/DeputyC1erk FROM: Preston Davis, Public Services Director DATE: October 4, 2001 SUBJECT: Surplus Equipment The listed surplus equipment will be sent to George Gideon Auctioneers, Inc. if approved. George Gideon has handled our surplus for auction the last two years. 1. ALLIS CHALMERS MOTORS (2) Type RCV; HP 20 Hertz 60; RPM 1760 Phase 3 Volts 280/460; Amps 50/25 2. ALLIS CHALMERS PUMPS (2) Size 6x4x12 Model 400 - 4x4x12; Type NSWR - LC; GPM 450 HD ft 62; IMP, DIA 8 '/a; RPM 1765 -, 4. ALLIS CHALMERS MOTOR ONLY Type RGV; HP 15 Phase 3; RPM 1750; Volts 230/460; Amps 38/15 ALLIS CHALMERS MOTOR ONLY Type RBV; HP 20; Hertz 60; RPM 1760, Phase 3; Volts 230/460: Amps 50/25 5. ALLIS CHALMERS MOTOR & PUMP Type RGV; HP 20 Hertz 60; RPM 1760, Phase 3; Volts 230/460 Amps SO/25 ALLIS CHALMERS PUMP: Model 400; Size 4x4x 12 Type NSWV-LC; Imp. Dia 10.25; RPM 1765 6. ALLIS CHALMERS MOTOR AND PUMP Type RGV; HP 15, Hertz 60; RPM 1750, Phase 3; Volts 230/460; Amps 38/19 ALLIS CHAMERS PUMP Model 400; Size 6x4x10; Type NSWV-LC; GPM 240/Head ft.87; Imp. Dia. 9.5; RPM 1760 7. U.S. ELECTRICAL MOTORS WITH PUMPS: Type A.V., HP 20, RPM 1760, Volts 230/460, FL. Amps 51.2/25.6 8. RELIANCE MOTORS (2-Total): Type P, Hertz 60; HP 20,. Phase 3; RPM 1755, Volts 230/460, Amps 42/21 9. RELIANCE MOTORS (2 Total) with Pumps-Wemco Type P; Hertz 60; HP 10, Phase 3; RPM 1755; Volts 230; Amps 27 10. FLYGHT WITH PUMP Submersible; HP 3.8, Hertz 60; RPM 1700; 230 Volt, 17 Amp 11. (1) 11 ''/z" HYDROMATIC IMPELLER -CLOCKWISE (1) 11 ''/z" HYDROMATIC IMPELLER -COUNTER CLOCKWISE 12. (2) ALLIS CHALMERS STATORS Type RCV, HP 20, Hertz 60, RPM 1760, Phase 3; Volts 230/460, Amp 50/25, 13. 5-HP BRIGGS & STRATTON GAS RODDER w/extra spool 14. (2) ROTORS Hydromatic 15. (5) ROTORS Allis Chalmers 16. (2) 7 3/4" Allis Chalmers IMPELLERS 17. (2) 11 3/8" Allis Chalmers IMPELLERS 18. (4) 91/4" Allis Chalmers IMPELLERS 19. (2) 10'/4" Allis Chalmers IMPELLERS 20. (2) 9" Allis Chalmers IMPELLERS 21. (3) 10 '/a" Allis Chalmers IMPELLERS 22. Approximately 600 pounds of old water meter brass and copper to be sold at Aaron's Salvage. 23. Truck No. 4227, Ford King Cab, Year 1980, ID No. 2FTHW35Y7FCA9530~ 24. Truck No. 4219, Dodge P/U, Year 1990, ID No. 1B7JE26Y6LS676752 City of Clermont, Florida Schedule of Property Items to be Declared Surplus Finance Department October 2001 > NCR Printer Serial #17232573 > IBM Monitor Serial #88-MLTAZ > IBM RS-6000 Processor Serial #7011-26-40526