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10-28-1986 Regular Meeting .. '- CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 28, 1986 The Regular Meeting of the Clermont City Council was held Tuesday, October 28, 1986 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: Council Member Huff, Council Member Dupee, and Mayor Pro Tem Turville. Council Member Cole was absent due to a prior commitment. Other City Officials in attendance were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, City Planner Perlick, and Deputy City Clerk Brandt. INVOCATION The Invocation was given by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the October 14, 1986 ~eeting were approved as presented. REPORTS CITY MANAGER'S REPORT LAKE COUNTY LEAGUE OF CITIES It was announced that the next Board of Directors meeting of the Lake County League of Cities would be held on Friday, October 31, 1986 at 11:45 a.m. at the Waterfront Restaurant in Tavares. TREATMENT PLANT EXPANSION , . It was reported that nothing new had transpired concerning the contracts for the treatment plant expansion, and that another Special Meeting would be scheduled in the near future to discuss the situation. PARKS AND RECREATION COMMISSION CLEAN UP, GREEN UP WEEK Mrs. Whitehead, Chairperson of the Parks and Recreation Commission, stated that November 16-22 had been chosen as the Fall Clean Up, Green Up, Week so Clermont would look nice for the upcoming Holidays. Extra garbage and trash pickups will be scheduled during the week. COUNCIL MEMBER HUFF'S REPORT Council Member Huff informed tho~e present that the Cooper Memorial Library Board had raised approximately $4,000 from the auction which was held on Saturday, October 25, 1986. Mr. Huff commended the Board for their fine efforts. . MAYOR POOL'S REPORT ELECTION Mayor Pool urged those present to get out and vote on Tuesday, November 4, 1986. VISITORS WITH BUSINESS LAKE COUNTY CENTENNIAL Christopher Giachetti spoke on behalf of Representative Everett Kelly who was unable to attend the meeting. He informed the Council that Mr. Kelly was responsible for helping secure a $25,000 grant . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 28, 1986 Page -2- from the State Department of Community Affairs which would allow Lake County to establish a historical museum on the corner of Sinclair and Main Streets in Tavares. Mr. Giachetti gave each Council Member a proposed schedule of events for the Centennial and briefly outlined the proposed program. He concluded by stating that a meeting would be held on Wednesday, November 12, 1986 at 3:30 p.m. in the County Commission Chambers to receive input for the celebration. He encouraged the Council to have a representative at this important meeting. BOB ZAHRADNIK Mr. Zahradnik, representing William Favuzza, appeared before Council concerning the proposed Crystal Lake subdivision on the southeast shore of Crystal Lake. He stated that he was requesting to be allowed to construct marginal access streets which have 20 feet of pavement and 40' of right-of-way. The City's subdivision ordinance requires minor streets to be be constructed which are 24' wide and have a 60 foot right-of-way. Mr. Zahradnik stated that upon the suggestion of the Subdivision Advisory Committee, several changes had been made to the subdivision, and the City Engineer had approved the smaller sized streets as adequate for the sub- division. City Manager Saunders explained that no one in attendance at the Subdi- vision Adv~sory Committee had spoken against the variance request. Council Member Dupee questioned if the City had obtained adequate ease- ments, and was informed that they were obtained. Claude Smoak, who owns property adjacent to the proposed subdivision, stated that he believed that it would be an excellent development for Clermont. However, he requested that the road be repositioned in the center of the subdivision with a cul-de-sac on the north end. He stated that the present plans show the road coming 13' from and parallel to his driveway, which would allow he~dlights to flash in the windows of his house and those of his neighbor's across the street. He stated that with a subdivision of this size, it could be expected that there would be an average of 170 trips per day in and out of the subdivision. Mr. Smoak also suggested that some type of buffer be planted to prevent lights from shining on his home. Mr. Smoak also questioned if it was valid legally to request a variance on this property. Mayor Pool then asked City Attorney Baird if a variance was, in fact, needed. City Attorney Baird stated that the hardship must be a result of the property itself, not what the owner has done to the property. Mr. Smoak stated that he was tired of butting heads with Mr. Favuzza, and believed that his request should be honored to avoid the deleterious effect the present road wo~ld have on his property. Mr. Zahradnik stated that the cul-de-sac would be impossible because at least two lots would be lost. .,. . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 28, 1986 Page -3- It was pointed out that at the Subdivision Advisory Committee Meeting Mr. Smoak's representative had not objected to the road, and had stat~d that he believed that the proposed site plan reflected the best possible utilization of the land and positioning of the road. . After some further discussion, Mayor Pool suggested that the road be repositioned to run south of Lots 7 and 17 instead of north of them, and that a T-type intersection be included for access to Lot 6. Mr. Zahradnik was asked if this would be acceptable to him. He stated that it was feasible to move the road in this manner, and stated that he would be in agreement with this request. It was the consensus of Council that Mr. Zahradnik revise the proposed plat to reflect the repositioned road. Under discussion it was determined that the street would not require a T-type intersection at the end, but would simply become a dead end street. However, it was pointed ~ut by City Manager Saunders that a variance would be needed because the City's present subdivision ordi- nance does not allow dead end streets. 86-i92 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER UNTIL THE NOVEMBER 11, 1986 COUNCIL MEETING. AT THIS TIME MR. ZAHRADNIK WILL PRESENT A REVISED PLAT SHOWING THE REPOSITIONED STREET, AND THE TWO VARIANCE REQUESTS WILL BE HEARD. PATRICIA McCAFFREY Mrs. McCaffrey appeared before Council to request either a rehearing of an amendment to the Comprehensive Plan w~ich was deleted from Ordinance l79-M at the hearing held September 23, 1986 or to request that the item be rescheduled for a hearing at the first Council Meeting in February which is the next regularly scheduled hearing date for Comprehensive Plan amendments. The McCaffreys' own the lot located on the southeast corner of Highway 50 and East Avenue. The Staff proposed amendment would have changed the east side of East Avenue, south to Chestnut Street and north to Highway 50 from District ERD-2 to NED-3, which would allow development of professional offices in the R-3 zone with a Conditional Use Permit. Because the item was deleted from the Ordinance, the property may not be developed as professional offices. Council Member Turville explained that the item was deleted because of the Council's concern that there was not ample parking space or proper ingress and egress for office development. Mrs. McCaffrey stated that she believed that the property could never be developed as residential due to the location, and that she and her husband wished to build a small office building on the property. Council Member Huff stated that it was his contention all along that the property should remain R-3, and the property owner would have to work with an engineer to solve the parking problem, if it could not be solved, then the project would not be built. ' City Attoreny Baird stated that due to the time constraints involved, it would make little difference which way the request was handled, but it would be better if the request was reheard in February. He further stated that the request would be a Staff recommendation and that Mrs. McCaffrey would not have to reapply for the amendment. ' No action was taken at this time. . . CITY OF CLERMONT REGULMU8~eaS MEETING October 28, 1986 Page -4- UNFINISHED BUSINESS FINAL READING OF ORDINANCE l67-M Ci ty Manager Saunders expla,ined that this ordinance would rezone from R-2 Medium Density Residential to C-2 General Commercial the property located on the northeast corner of Highway 50 and Grand Highway. The UD-2 Land Use District, which permits commercial use, was expanded to 1,000 feet north of Highway 50 at the September 23rd Council Meeting. The Planning and Zoning Commission recommended approval of the request by a five to three vote with some discussion on whether the present zoning should be retained and a PlanQed Unit. Development required. Mayor Pool then called for comments from those present in the audience. Mr. Elbert Ritchie, who lives at 1248 Grand Highway, asked for an explanation of what was being requested because he stated that the Comprehensive Plan had already been changed and he had read in the newspaper that a shopping center would be built on the property. Council Member Huff stated that the first request was to change the land use district the property was in, and now the request is to rezone the property to C-2. After listening to the explanations, Mr. Ritchie stated that he was opposed to the shopping center, and would like residential development, not the shopping center in front of his house. Mr. Bob Wade, owner of the property to be developed commercial, then spoke before Council. He stated that he could empathize with Mr. Ritchie, but that the. residential property would be buffered from the commercial development and that the main access to the shopping center would be from Highway 50, not Grand Highway. He concluded by stating that the developers would do their best to make the development accept- able because they want to be good neighbors and an asset to the community. Mayor Pool then questioned Mr. Wade and asked him if he was currently negotiating with the Morley Group to purchase the property. Mr. Wade stated that the property was under contract to them, and that nothing had changed. Mr. Wade further' stated that after the rezoning request, he had fulfilled his obligation to Morley and the property would be theirs. Council Member Turville stated that he had said it all before, but would say again that he was against the development in that location. Now that the damage has been done, the Council needs to think of damage control for the area. He continued that if the property is rezoned to C-2, the Council retains no control of what could go on . the property as a permitted use. He stated that he believed the risks are enormous if the property is rezoned, and the Council could end up with a less than desirable project. Mr. Turville then asked the Council to consider not rezoning the prop- erty at the present time. He suggested that the rezoning could take place simultaneously with the Conditional Use Permit request hearing. In that manner, the City would have a definite project in hand. If not, the worse possible scenario should be considered when looking at the permitted uses in a C-2 zoning district because there would be no guarantees that the Morley Group will build the shopping center once the property is rezoned. Mr. Turville then urged the Council to give serious consideration to this matter. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 28, 1986 Page -5- Mayor Pool then asked Council Member Turvi11e if he had been against the development of Quincy's at the corner of Highway 50 and Grand Highway. Council Member Turvi11e stated that he was opposed to that development because of the traffic access from Grand Highway to Highway 50. Mayor Pool stated that he believed that Quincy's was an asset to Clermont, just like the proposed shopping center would be. Council Member Huff stated that he believed that as the area grows and traffic increases, the streets will be improved and a traffic light will be placed at the intersection of Grand Highway and Highway 50, so traffic will not continue to be a problem at the intersection. Mr. Wade stated that it would not be economically feasible to draw up plans and then bring them before Council for a CUP prior to rezoning. Most developers want the property to be zoned commercial before they will even consider a project. Mr. Wade continued by stated that he believed smaller projects on the already existing C-2 property could wreck more havoc on the property than the shopping center. City Manager Saunders reiterated Council Member Turvi11e's concern that Morley may sell off Qne or two acres of the entire parcel, and any C-2 permitted use could be built on the property, or portion of the property. Mayor Pool the asked Mr. Wade that if the property were rezoned to C-2, do you have a problem with this Council asking you to ensure. to it that it is not your intent to divide or subdivide prior to it being sold to More1y, and if the deal is not closed with Morley, we could have time to come up and strengthen our C-2 z~ning district. Mr. Wade stated ..."he would be willing to contend that he was not going to subdivide or whatever..." City Planner Per1ick suggested that the Council consider a Planned Unit Development for the property. He stated that nothing but com- mercial could be put on the property and the City would be protected. City Attorney Baird agreed with Mr. Per1ick. Mr. Wade stated that most developers will not go with a PUD because the want the property to be zoned commercial before any project begins. City Manager Saunders then read letters from Richard Bona and James Carroll opposing the proposed rezoning. Council Member Huff stated that he felt the area would support a shopping center. It would be on a major intersection and would serve all of south Lake County. He agreed that the City was taking a risk, but believed that the property would only be developed if the City gives Mr. Wade a chance to do it with Morley Properties. Mr. Huff stated that he did not believe Mr. Wade would put a shoddy project on the property, and if he did lose Morley, the property would be zoned so he could go right out and find another developer. 86-193 After ~ome further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER DUPEE TO REZONE THE PROPERTY FROM R-2 TO C-2. Mr. Ritchie stated that he believed Mr. Wade knew he could persuade some on the Council to go along with the project, or he would not have signed the contract with Morley Properties in the first place. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 28, 1986 Page -6- Mr. Ritchie then stated that that with all ,due respect, he believed the Council had made up their minds, but he hoped they would change them. Council Member Dupee stated that Mr. Wade had signed the contract before she knew anything about Morley Properties or put the article in the newspaper. Council Member Huff stated that he did not sell his vote to anyone, and that he was not coerced to vote for anyone. Council Member Turville stated that he did not think Mr. Ritchie meant what he said in that way, but that he was reflecting on what he (Mr. Turville) had said about Mr. Wade being a powerful persuader. After all, you are all convinced that this Morley thing is going to be great. The project is not in our hands, we are voting on a land zoning change, not a project. Council Member Dupee stated that she believed that if the property were not zoned commercial, potential businesses would not assume the risk and would just say good bye. In conclusion, Council Member Huff stated that if the worst was assumed, it would be that Mr. Wade would get the property back, and he believed that Mr. Wade, based on his past developments within the City, would not develop the property shoddily. Council Member Huff called for the question, and ORDINANCE l67-M TO REZONE THE PROPERTY FROM R-2 TO C-2 CARRIED BY A THREE TO ONE ROLL CALL VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY. THE ORDINANCE WAS READ BY MAYOR POOL BY TITLE ONLY. FINAL READING OF ORDINANCE l80-M Ordinance l80-M would grant a non-exclusive garbage collection franchise to Industrial Waste Service, Inc. Mayor Pool called for comments from those present in the audience and no one spoke for or against the proposed ordinance. 86-194 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDIANCE l80-M GRANTING A NON-EXCLUSIVE GARBAGE COLLECTION FRANCHISE TO INDUSTRIAL WASTE SERVICES. THE ORDINANCE WAS READ BY TITLE ONLY. FINAL READING OF ORDINANCE l8l-M Ordinance l8l-M would grant a non-exclusive garbge collection franchise to American Refuse Services, Inc. , Mayor Pool called for comments from those present in the audience and no one spoke for or against the proposed ordinance. 86-195 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l8l-M GRANTING A NON-EXCLUSIVE GARBAGE COLLECTION FRANCHISE TO AMERICAN REFUSE SERVICES, INC. THE ORDINANCE WAS READ BY TITLE ONLY. (/ .. . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 28, 1986 Page -7- FINAL READING OF ORDINANCE l82-M Ordinance l82-M would grant a non-exlusive garbage collection franchise to John Berry. Mayor Pool called for comments from those present and no one spoke for or against the proposed ordinance. 86-196 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 182-M GRANTING A NON-EXZCLUSIVE GARBAGE COLLECTION FRANCHISE TO JOHN BERRY. THE ORDINANCE WAS READ BY TITLE ONLY. Under comments and discussion of these ordinances, City Manager Saunders explained that two other garbage collection franchises were already operating within the City and that next year they would all be paying the same franchise fee. Mr. Saunders stated that the City would have control over the placement of the dumpsters and pickup schedules would have to be approved. Roy Grose, who was present in the audience, stated that the garbage trucks collect Winn-Dixie at 4:00 a.m., and that he would like some- thing done about this situation. Others concurred that some collections were conducted too early and disturbed various neighborhoods. Council Member Turville expressed his concern that some of the very large trucks should be banned on certain streets. RAILROAD RIGHT-OF-WAY NEGOTIATIONS City Manager Saunders advised that the City had finally reached an agreement to purchase the remaining right-of-way, after many long and serious negotiations. A.L. Rast of CSX Systems had indicated acceptance of the City's latest proposal. The Co~ncil was very pleased to hear the good news. NEW BUSINESS RESOLUTION NO. 542 City Manager Saunders explained that this Resolution establishes the franchise fee to be paid by all businesses holding commercial garbage collection franchises within the City. Initially the fee will be 5%, which is the same fee being paid by the two existing franchises. On December 1, 1987 the fee will increase to 7.5%, and effective December 1, 1988 it will change to 10%. By doing this, all five commercial garbage collection franchises will be paying the same fees. Council Member Huff asked how the City could make sure it was receiving the correct payments from the franchises. City Manager Saunders stated that the City could audit the companies' books if the need arose, and will receive a monthly list of billings. 36-197 After a brief discussion, A MOTION'WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 542 WHICH SETS THE FRANCHISE FEES TO BE CHARGED THE CITY'S COMMERCIAL GARBAGE COLLECTION FRANCHISES. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 543 Finance Director Van Zile,explained that this Resolution would increase the required residential utility deposit from $25 to $65 and for all . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 28. 1986 Page -8- other uses from 1-1/2 times to 2-1/2 times the average monthly bill. These increases are needed due to the utility billing cycle because those people who may leave town without paying usually owe a two months bill. the minimum of which would be $49.20. The increased deposits should reduce future bad debts by approximately 70%. 86-198 PARK REDEDICATION Nilsa Whitehead. Chairperson of the Parks and Recreation Commission. appeared before Council to request that the park located on the north- west side of Crystal Lake be dedicated to all Veterans. with the ceremony taking place on November 11. 1986. Mrs. Whitehead further stated that there was no Veterans' Park in Clermont. and that she had spoken with many individuals who favored such a park. Council Member Huff stated that he was a veteran of the Korean War, and it was a shame that most students did not even know who a veteran was. He stated that he favored the idea of the park. City ~anager Saunders informed the Council that in the early, 1970 's the park was dedicated to the Demolays, a young men's organization which is part of the Masonic Lodge. but the group is no longer active within the City. It was the consensus of Council that this type of park was needed, and that it was long overdue. Council Member Turville commended Mrs. Whitehead for her diligent work. 86-199 A MOTION. WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO REDEDICATE THE PARK LOCATED ON THE NORTHWEST SIDE OF CRYSTAL LAKE TO ALL OF THE VETERANS OF CLERMONT. . HIGHWAY 27 SPEED LIMIT City Manager Saunders stated that Council Member Turville had expressed, his desire to have the matter of lowering the speed limit on Highway 27 through the Clermont City Limits to 45 m.p.h. placed on the agenda for Council discussion. City Manager Saunders stated that he agreed totally with Council Member Turville's position. Much discussion ensued concerning the lower speed limit. It was pointed out that the speed limit on Highway 27 in Minneola has been 45 m.p.h. for several years, and the same speed limit should be continued through Clermont. In all probability, a lower speed limit would help curtail accidents at dangerous intersections such as Hook Street, Brogden Drive and Grand Highway. 86-200 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO SEND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION A LETTER ASKING THAT THE SPEED LIMIT ON HIGHWAY 27 WITHIN THE CITY LIMITS OF CLERMONT BE LOWERED TO 45 M.P.H. . ,. .., -.'. '., il .. .4..l- . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 28, 1986 Page -9- It was the consensus of Council to solicite support of other civic organizations in this endeavor., The Council also asked that the City request that the Department of Transportation do another traffic study in Clermont. BID APPROVAL City Manager Saunders explained that the Robert Smythe had requested bids for a portable generator for the Fire Department. Three bids were received, with the low bidder being Honda of Leesburg at $1,500. The low bidder meets all the City's specifications, and it was recom- mended by Mr. Smythe that this bid be accepted. Money for the gener- ator is incl~bded in this year's budget. 86-201 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF 1 500 FROM HONDA OF LEESBURG FOR A PORTABLE GENERATOR WIrH MONIES COMING FROM THIS YEAR S BUDGET. There being no further discussion, the meeting adjourned at 10:00 p.m. R~l~- Attest: .:.:....i :.;:" ..!l.t.