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12-13-1988 Regular Meeting e e" 4 , CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1988 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, December 13, 1988 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 Dupee and Council Member Cole. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister 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 Regular Meeting held November 22, 1988 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT ORGANIZATIONAL MEETING The Council was reminded that the first meeting in January would be the Organizational Meeting at which time appointments to the City's various Boards and Commissions would be made. SECOND COUNCIL MEETING IN DECEMBER City Manager Saunders asked the Council if it wished to continue with its past policy of not holding a second council meeting in December due to the holidays. It was the consensus of Council to continue with its policy of cancelling the second Council Meeting. WORKSHOP City Manager Saunders stated that if there were no objections, he would like to hold a Council Workshop on Wednesday, January 4, 1989 in the City Hall Conference Room. It was the consensus of Council to hold the Workshop at 5:30 p.m. LAKE COUNTY WATER AUTHORITY It was reported that the December meeting of the Water Authority would be held Wednesday, December 14, 1988 at 7:00 p.m. COUNCIL MEMBER DUPEE'S REPORT LAKE COUNTY INDUSTRIAL DEVELOPMENT ASSOCIATION Mrs. Dupee reported that she had attended a luncheon sponsored by the Lake County Industrial Development Association, and the topic of discussion was the development of a motion picture industry for Lake County and a "one stop" permitting process for motion picture companies. e .. " "'e .. . " CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1988 Page -2- Mrs. Dupee stated that she had brought back information concerning the permitting process and had given it to City Manager Saunders if anyone was interested in reading the materials. It was further decided that the whole matter relating to the movie industry and its regulation should be discussed at the upcoming workshop. MAYOR POOL'S REPORT LIGHTED BOAT PARADE Mayor Pool stated that he wished to congratulate the local Kiwanis Clubs and the South Lake Council for the Arts for the excellent choral performance and lighted boat parade, and that he hoped they would continue the program as an annual event in Clermont. FINAL READING OF ORDINANCE 195-M It was explained that twice a year the City reviews requests to amend the City's Comprehensive Plan, and the first meetings in August and February are set aside as the first public hearings for the requested amendments. Ordinance 195-M was introduced in August and was now being given its final reading. It was further explained that Section 1 of the ordinance listed three amendments to the existing Comprehensive Plan. Each of the items were discussed separately by Council as follows: Item #1 is a Staff proposed change which will include the newly annexed property south of Dal-Don's into Land Use District UD-2. This is approximately a ten acre site fronting Highway 27. The UD-2 designation allows as permitted uses multi-family, highway commercial, business and professional, light manufacturing, tourist accomodations, public and semi-public facilities, and parks and recreation facilities. Residential density is limited to a maximum of eight dwelling units per acre. Item #2 has been requested by the owners of the property on Almond Street described as Lots 291, 292, 315 and the S 1/2 of Lot 316, Clermont Heights. The applicants are requesting that the property be included in the EBD-2 Land Use District which would allow as permitted uses retail trade, business and professional offices, single and multi-family residences with a maximum density of eight units per acre, and tourist accomodations. It was pointed out that the EBD-2 district was the least restrictive land use category and that zoning in the area could include anything from R-R Rural Residential to C-2 General Commercial. Presently the property is located in the NED-4 District which is limited to single and multi-family residences with a maximum density of eight units per acre. It conjunction with Item #2, it was explained that Item #3 would add language to EBD-2 District which would limit development in the area north of Almond Street and east of Bloxam Avenue to professional or residential only, and would act as a transition zone between the General Commercial to the south and the Single Family Residential development existing to the north. e' 'e' . "', CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1988 Page -3- Mayor Pool then called for comments from those present and Mr. Howard Barry asked for clarification of the requests which were staff recom- mended. No one else spoke for or against the proposed changes. It was pointed out to Mr. Barry that the Planning and Zoning Commission had voted unanimously to recommend approval of the requested changes, and the State Department of Community Affairs reported that the changes were consistent with the requirements of the Florida Statutes. 88-166There being no further discussion of the ordinance, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 195-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 196-M It was explained by City Manager Saunders that Ordinance 196-M would rezone the newly annexed area south of Dal-Don's Produce from R-R Rural Residential to C-2 General Commercial. The request was made by the property owner and is consistent with the City's Compre- hensive Plan for the area. It was pointed out that the Planning and Zoning Commission had unani- mously recommended approval of the request. Mayor Pool called for comments from those present and Mr. Howard Barry and Cecil Smart, both who were present in the audience, stated that they would like the legal advertising for the proposed ordinances to include a street address or some other description of the property so that it would be more readily identifiable. After a brief discussion, it was the consensus of Council to include this in the legal advertising. No one else spoke in favor of or opposition to the requested rezoning. 88-167A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 196-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING, OF ORDINANCE 198-M City Manager Saunders explained t~at this ordinance would rezone prop- erty located east of East Avenue and north of Highland Avenue described as Sunnyside Unit, Block 8, Lots 1-13 and Block Q, Lots 14-17 from R-2 Medium Density Residential to R-3A Medium Density Residential/Professional. It was pointed out that the change would allow professional offices as a conditional use in the area and that the density of eight units per acre would remain the same. The request is consistent with the Comprehensive Plan and is compatible with the zoning uses east and west of the subject property. The Planning and Zoning Commission unanimously recommended approval of this zoning change. Mayor Pool called for comments from those present, and Mr. Howard Barry asked if this change could be considered "down zoning". e 'e . . " CITY OF CLERMONT REGULAR ~~~ttE~EETING December 13, 1988 Page -4- City Attorney Baird stated that it was not "down zoning". The density did not change and the property was being included in an area the staff felt it should be in. Council Member Turville pointed out that the R-3-A was a new zone to maintain density levels for areas under change. 88-168 There being no further questions or comments, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 19B-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. OATH OF OFFICE ADMINISTERED At this point in the meeting, City Clerk Van Zile administered the Oath of Office to Mayor Robert A. Pool, Council Member Lester Cole and Council Member Ken Norquist. Mayor Pool and Council Member Cole were recently re-elected to their respective Council Seats, and Council Member Norquist was elected to fill the seat held by Richard Huff who did not seek re- election. VISITORS WITH BUSINESS City Manager Saunders explained that this was the third time the YMCA had requested a reduced rate for rental of the Highlander Hut to hold their Christmas Camp. This year the camp will be held December 22, 23, 26-30 and January 2 and 3. They are requesting use of the Hut at a reduced fee of $10 per day. The normal fee for their hours of usage would be $27.50 per day. 88-169After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE RE UEST AND ALLOW THE SOUTH LAKE YMCA USE OF THE HIGHLANDER HUT FOR A CHRISTMAS DAY CAMP AT A REDUCED RATE OF PER DAY. RANDY LANGLEY - RESOLUTION #610, REQUEST FOR A CONDITIONAL USE PERMIT Wanda Anderson, a local realtor who was present in the audience, stated that she was representing Mr. Langley in this request and would be happy to answer any questions the Council might have. City Manager Saunders then explained that Mr. Langley was requesting a Conditional Use Permit to establish a professional office in the R-3-A Residential/Professional District. The property is located on the northeast corner of East and Highland Avenues and consists of an existing house in which Mr. Langley proposes to locate a real estate office. Included in the Conditional Use Permit request is a request for a variance to be granted for grass parking for the additional required parking. Mr. Langley is three spaces short of the required number of spaces for an office of his particular size, ~nd wishes them to be grass spaces. All other conditions as stated in Resolution #610 will be met. It was pointed out that the Planning and Zoning Commission unanimously recommended approval of the CUP with the conditions as stated, and that Condition #5 restricts the site to one business operation due to the limited on site parking area. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1988 Page -5- Mayor Pool called for comments and no one spoke in favor of or in opposition to the proposed Conditional Use Permit. 88-170After a brief discussion of the parking requirements, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #610 GRANTING A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE WITH A VARIANCE TO ALLOW GRASS PARK- ING AT 1013 EAST AVENUE. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. JAY JUDY OF PROGRESSIVE PLUMBING VARIANCE REQUEST It was reported that the variance request had been withdrawn from the agenda at the request of Mr. Judy. NEW BUSINESS INTRODUCTION OF ORDINANCE 257-C It was explained by Finance Director Van Zile that Ordinance 257-C would amend the City's Pension and Retirement Ordinance due to recent changes in the Florida Statutes. State Statutes 175 and 185 previously stated that a tax in the amount of 2% of the gross amount of receipts of premiums collected on fire and tornado insurance and 1% of the gross amount of receipts of premiums collected on casualty insurance policies within the City shall be levied. The recent revisions of these Statutes lowered the percentage rates to 1.85% and .85% respectively. The amendments to sections 16-39 and 16-41 of our Code will reflect the lower percentage rates and make the City's ordinance consistent with the Florida Statutes. 88-171A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 257-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODUCTION OF ORDINANCE 199-M City Manager Saunders explained that this ordinance would close and permanently abandon the portion of Highland Avenue located west of Twelfth Street. It was further explained that City Attorney Baird has given the opinion that should the City propose to use the property for anything other than a street, it must be closed and abandoned and split between the adjoining property owners. 88-172A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 199-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. The final readings for these ordinances will take place during the January 10, 1989 Council Meeting. LEASE AGREEMENT WITH CHAMBER OF COMMERCE It was explained that the lease agreement for the office space occu- pied by the Chamber of Commerce in Jenkins Auditorium would expire on December 31, 1988, and the Chamber had requested that the lease be renewed. As indicated in the lease, the Chamber receives use of the space at no cost in return for being responsible for scheduling of e' e ." "..., CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1988 Page -6- the use of the auditorium. Proceeds from the rentals are split with the City on a 50-50% basis. The lease is for one year and may be cancelled by either party with a sixty day written notice. 88-~73After a brief discussion of the lease, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ENTER INTO A LEASE AGREEMENT WITH THE CHAMBER OF COMMERCE FOR USE OF OFFICE SPACE IN JENKINS AUDITORIUM FROM JANUARY 1, 1989 TO DECEMBER 31, 1989. LEASE AGREEMENT WITH INDEPENDENT MORTGAGE COMPANY City Manager Saunders explained that Independent Mortgage leases office space in the lower level of City Hall and their lease would expire on December 31, 1988. For some time, the City has been discussing the need for additional City Hall space in the near future or the remodeling of City Hall. Also, Mr. Lee is in the process of constructing a new office building and would like to remain at the present location until such time as the new building is completed. Due to the circumstances, Mr. Saunders continued by stating that he had spoken with City Attorney Baird, and it was concluded that the best arrangement for both parties would be to allow the tenant to holdover in the premises on a month to month basis with a sixty day written notice for intention to terminate the month to month lease, rather than to execute a new lease. Mr. Saunders further stated that he had spoken to Mr. Lee, and he was in agreement with this type of arrangement. 88-174 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT A MONTH BY MONTH LEASE TO INDEPENDENT MORTGAGE COMPANY WITH A SIXTY DAY PRIOR WRITTEN NOTICE FOR AN INTENTION TO TERMINATE THE MONTH TO MONTH LEASE. LEASE AGREEMENT LAKE/SUMTER COMMUNITY MENTAL HEALTH Mr. Saunders explained as with Independent Mortgage, Lake/Sumter Community Mental Health leases office space in the lower level of City Hall and their lease also expires December 31, 1988. It was then proposed that the City enter into the same type of an agree- ment with Lake/Sumter Community Mental Health as that with Independent Mortgage Company. 88-175 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT A MONTH BY MONTH LEASE TO LAKE/SUMTER COMMUNITY MENTAL HEALTH WITH A SIXTY DAY PRIOR WRITTEN NOTICE FOR AN INTENTION TO TERMINATE THE MONTH BY MONTH LEASE. UTILITY BENEFIT FEES Mayor Pool stated that effective January 1, 1989, the City's Utility Benefit fee would increase from $1,189 to $1,276. Mayor Pool then asked City Manager Saunders to explain this fee. Mr. Saunders stated that in 1985 the City of Clermont adopted Resolution #499 which established Utility Benefit Fees for our water and sewer util- ities. The fees are imposed on new construction and are restricted for the expansion of the City's water and sewer treatment facilities. e e" CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1988 Page -7- At that time, the consulting firm of Probe, Battson and Company did an evaluation and made a recommendation of the fees to the City which required that the benefit fees be adjusted annually and a schedule of adjusted fees was provided. Mr. Saunders further stated that since that time four years ago, events on the environmental side have changed considerably and that the fee probably should be raised even more than recommended, and that this year the City should consider a complete new analysis of the Utility Benefit Fees. Even with the adjustment for 1989, the City's fee will remain considerably lower than that of other surrounding cities. Future impact fees will be used to offset the cost of future expansions at the treatment plant, as well as the cost for new water wells. 88-176After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO IMPLEMENT THE NEW FEE OF $1,276 EFFECTIVE JANUARY 1, 1989. BID AWARDS CHLORINATOR CONVERSIONS City Manager Saunders explained that this was a budgeted item and would convert four of the City's chlorinators from a pressure system to a vacuum system which is much safer and the preferred method for chlorination. The chlorinators to be converted are located on our three well sites and at the treatment plant. It was further explained that two bids were received, one from Layne- Atlantic for $9,217.71 and the other from Chlorinator Services in the amount of $9,499.00. However, review of the bids revealed that Layne- Atlantic did not meet the minimum specified requirements, and it was recommended that the bid be awarded to Chlorinator Services. 88-177After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO AWARD THE BID FOR THE CHLORINATOR CONVERSIONS TO CHLORINATOR SERVICES IN THE AMOUNT OF $9,499. DISSTON STREET CONTRUCTION It was explained that the bid opening date for this project had been extended and the matter should be tabled. It was the consensus of Council to do so. LIFT STATION #30 CONSTRUCTION Mayor Pool explained that this is the new lift station to be constructed on Lake Minneola Drive adjacent to the Cherry Knoll Subdivision now under construction. Two bids were received for the project. H.C. Connell, Inc. bid $47,738.75 and Tri-Sure Corporation bid $49,060. City Manager Saunders then explained that a lift station was required for the Cherry Knoll project. However, as allowed by ordinance, it .is being proposed that a Lift Station be installed to service the entire area #30. Cherry Knoll will pay $35,621.68 for the lift station, and the remainder of $12,117.07 will be paid by the City. The developer has agreed to this cost split. It was then recommended that the low bid of H.C. Connell, Inc. be awarded in the amount of $47,738.75. e "e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 13, 1988 Page -8- 88-178After a brief discussion of the bids, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO AWARD THE BID FOR LIFT STATION #30 TO H.C. CONNELL, INC. IN THE AMOUNT OF $47,738.75. BUDGET AMENDMENT It was reported that a budget amendment in the amount of $12,117.07 would be needed to pay the City's share of the costs for construction of Lift Station f130. 88-179A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NOR UIST AND UNANIMOUSLY CARRIED TO ADOPT A BUDGET AMENDMENT TO THE UTILITY FUND BUDGET FOR CAPITAL OUTLAY IN THE AMOUNT OF 12,117.07 FOR THE CONSTRUCTION OF LIFT STATION O. PUBLIC DISCUSSION Cecil Smart, who was present in the audience, stated that he had comments concerning three areas. First, he asked what happened to the signs that were authorized for the City's parks more than one year ago. It was explained that the signs were being made at Lake Correctional Institute and were expected to be completed in the near future. Second, Mr. Smart wanted to know when the appointments would be made to the Planning and Zoning Commission, and it was stated that appointments would be made during the first Council Meeting in January. Mr. Smart stated that he wished to serve on the Planning and Zoning Commission. Third, Mr. Smart stated that he thought the name plates the Council were using looked terrible because they did not match. It was explained that they did not match because several of the signs were more than eight years old. There being no further business or discussion, the meeting adjourned at 8:35 p.m. ""/ I)' , ~'" I;;.~. Ro ert . Pool, "Mayor - Attest: . ~n~iY~~~~ -.-