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11-26-1991 Regular Meeting® • CITYOF CLERMONT 1dIINUTES REGULAR COUNCIL MEETING NOVEMBER 26, 1991 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, November 26, 1991, 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 Norquist, and Council Member Dupee. Council Member Cole was absent. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by City Manager Saunders followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Special Meeting held November 6, 1991, were approved as presented. Council Member Dupee requested that the second paragraph on page four of the Minutes of the Regular Meeting held November 12, 1991, be changed to reflect that City Attorney Baird suggested that the item under discussion be an agenda item. REPORTS CITY MANAGER BAUNDERS' REPORT LIGHT UP CLERMONT ON DECEMBER 6, 1991 AND CHRISTMAS PARADE ON DECEMBER 7, 1991 It was reported that the Light Up Clermont ceremony would be held on Friday, December 6, 1991, at Center Lake. The Clermont Beautification Committee will plant an evergreen tree as part of the program, which will become the City's permanent "Christmas Tree." The parade will begin at 11:00 a.m. the following day and Montrose Street will be closed to accommodate food and arts and crafts booths. CHANGE ORDERS #2, 3, AND 4 - PUBLIC WORRS FACILITY City Manager Saunders stated that he would like Council approval of three Change Orders for the new Public Works Facility. It was reported Change Order #2 relates to manhole changes which result in no added dollars for the City. Change Order #3 relates to added concrete in the fuel containment area as required by Lake County Pollution Control and additional foundation work for the warehouse in the amount of $3,785. Change Order #4 deals with additional foundation work in the equipment storage area required after receipt of the load calculations for the building and several miscellaneous items such as added gutter and phone jacks in the amount of $7,746. 91-221 A MOTION NAS MADE BY COUNCIL MEMBER NOROUIST. SECONDED BY COUNCIL MEMBER DIIPEE AND UNANIMOIISLY CARRIED TO ACCEPT CHANGE ORDERS #1, #2 AND #3 IN THE NET AMOUNT OF $11,531 FOR THE PUBLIC WORRS FACILITY. CITYOF CLERMONT MINiJTES REGULAR COUNCIL MEETING NOVEMBER 26, 1991 PAGE -2- COUNCIL MEMBER DUPEE'8 REPORT LIGHT UP CLERMONT AND LIGHTED BOAT PARADE In conjunction with the festivities planned for the weekend of December 6, 1991, it was reported that all of the spaces for food and crafts booths had been sold and a ham dinner sponsored by Green Isle Children's Ranch would be held at Jenkins Auditorium from 3:00 to 6:00 p.m. on Saturday, December 7, 1991. It was also reported that eighteen boats were entered in the Lighted Boat Parade which begins at dark on Saturday. The planned festivities will provide a fun-filled two days of family events. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mrs. Dupee reported that at her farewell meeting, she had received a very nice plaque from the Planning Council in appreciation for her years of service. COUNCIL MEMBER NORQIIIST'S REPORT RAILS TO TRAILB PROGRAM Council Member Norquist reported he and other members of the Lake County Rails to Trails Program had met with Don Gertisen of the Department of Natural Resources last week, and that Mr. Gertisen had suggested that a county level task force be formed with representatives from the various cities, chambers of commerce, and the county bike coordinator to carry out a land acquisition feasibility study, the cost of which could be reimbursed by the State. Mr. Norquist further stated that Rails to Trails movement was still alive and well and that he would continue working with the program in hopes of bringing the plan to fruition. MAYOR POOL'S REPORT PARR PALS, INC. The Mayor stated that he wished to thank again all of the volunteers who made the All Children's Playground possible. THANKSGIVING BREAKFAST It was reported that the South Lake Ministerial Association was sponsoring a Thanksgiving Breakfast the following morning at Jenkins Auditorium. Everyone present was invited to attend. VISITORB WITH BUSINESS FRAN AND TONY RIDGE - RESOLUTION X740, REQUEBT FOR A CONDITIONAL USE PERMIT TO OPERATE A NURSERY SCHOOL AT 176 HIGHLAND AVENUE Mayor Pool explained that the applicants were requesting a Conditional Use Permit to establish a nursery school at 176 Highland Avenue, and that the Planning and Zoning Commission and Staff recommend approval of the request subject to the conditions as outlined in Resolution #740. ® • CITYOF CLERMONT MINUTE REGULAR COUNCIL MEETING NOVEMBER 26, 1991 PAGE -3- Mayor Pool then read the Resolution by title only and called for comments from those present. There were no public comments City Manager Saunders commented that the applicants meet all of the requirements of the area to have a nursery school. 91-222 After a brief discussion, A MOTION WAS MADE BY COIINCIL MEMBER DIIPEE. SECONDED BY COIINCIL MEMBER TIIRVILLE AND IINANIMOIISLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLIITION #740 WITH THE CONDITIONS AS LISTED GRANTING A CONDITIONAL IISE PERMIT TO OPERATE A NIIRSERY SCHOOL AT 176 HIGHLAND AVENIIE. THE RESOLIITION WAS READ BY TITLE ONLY BY MAYOR POOL. LINDA A. GOODEN AND VINCENZA LEONARDO - RESOLIITION #741, REQIIEST FOR A CONDITIONAL IISE PERMIT TO OPERATE A NIIRSERY SCHOOL AT 606 WEST AVENIIE WITH A VARIANCE FOR GRA88 PARKING The Mayor explained that the applicants are requesting a Conditional Use Permit to establish a nursery school at 606 West Avenue with a variance to allow the three spaces in addition to those required by the City Code to be mulch parking as opposed to paved parking. It was further reported that the Planning and Zoning Commission and Staff recommended approval of the requests for the CUP and the variance for the three additional parking spaces to be mulch parking. Mayor Pool called for public comments and there were none. Council Member Dupee asked Ms. Gooden the number of children who could attend the nursery school at a given time. Ms. Gooden stated that they were approved for fifty (50) children. 91-223 There being no further discussion, A MOTION WAS MADE BY COIINCIL MEMBER NOROIIIST. SECONDED BY COIINCIL MEMBER TIIRVILLE AND IINANIMOIISLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLIITION #741 WITH THE CONDITIONS AS STATED GRANTING A CONDITIONAL IISE PERMIT TO OPERATE A NIIRSERY SCHOOL AT 606 WEST AVENIIE WITH A VARIANCE FOR GRA88 PARKING FOR THE THREE ADDITIONAL PARKING SPACER. THE RESOLIITION WA8 READ BY TITLE ONLY BY MAYOR POOL. FLORIDA POWER CORPORATION - RESOLIITION #742, REQIIEST FOR A CONDITIONAL IISE PERMIT TO CONSTRIICT A CONTROL HOIISE AT SOIITHWEST CORNER OF HIGHLAND AVENUE AND MILLHOLLAND STREET WITH A VARIANCE FOR A 3' BIIFFER, WHEREAS 5' IS REQIIIRED Mayor Pool explained that Florida Power was requesting a Conditional Use Permit to construct an unmanned control house at the existing substation located at the southwest corner of Highland Avenue and Millholland Street. He then read the Resolution by title only and called for public comments. Prior to any public comments, City Manager Saunders explained that the substation already exists and Florida Power needed to upgrade this facility and proposed to construct a 20' x 36' equipment control room on the site. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 26, 1991 PAGE -4- At this point, Victoria Bucher, representing Florida Power, displayed a site plan for the substation site. She explained that the company has agreed to bring the site up to the current codes as far as buffering and tree requirements for the site, as well as a sidewalk installation on Highland Avenue. However, they were requesting a variance for the buffer to allow for a 3' buffer strip as opposed to the 5' due to the location of the existing fence. Vivian Waltbillig, who lives west of and adjacent to the substation site stated that she had brought her neighbor, Mrs. Bessie Herda, who also lives by the substation, to the meeting to express her concern that the control building will be noisy. Ms. Bucher stated that there would be no noise, the building would be built on the existing Florida Power property and that the buffer hedge will remain and be maintained by Florida Power. As part of the upgrade of the site, a sprinkling system will be installed to maintain the buffer. Ms. Bucher stated that the variance for the three foot buffer instead of the required five feet was for the south side of the property only and would not effect Mrs. Herda. Mrs. Herda stated that her concerns had been alleviated and both ladies stated that they were satisfied with the explanation. It was also reported that the Planning and Zoning Commission and Staff recommend approval of this Conditional Use Permit. There being no further discussion, A MOTION WAS MADE HY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLIITION #742 WITH THE CONDITIONS AS BTATED GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A CONTROL HOUSE AT THE EBISTING SUBSTATION LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND AVENUE AND MILLHOLLAND STREET WITH VARIANCE ON THE SOUTH SIDE OF THE PROPERTY FOR A 3 FOOT BUFFER WHEREAS 5 FEET ARE REQUIRED. THE RESOLIITION WAS READ BY TITLE ONLY BY MAYOR POOL. POLAR-BER AND RARER - REQUEST FOR A CONDITIONAL USE PERMIT FOR A PUD TO CONSTRUCT A SHOPPING CENTER AT THE NORTHEAST CORNER OF GRAND HIGHWAY AND HIGHWAY 50 Mayor Pool explained that the applicant was requesting a Conditional Use Permit for a PUD to construct a shopping center at the northeast corner of Grand Highway and Highway 50. This is being reviewed as a Planned Unit Development due to the proposed development extending into the R-2 zoned area approximately 120' on the western boundary along Grand Highway and approximately 240' on the eastern boundary. He also stated that the P&Z had approved the request. Mayor Pool then introduced Ron Carlson of Polar-BEK and Baker, the developers of the project. Mr. Carlson briefly explained the proposed project and stated that it was a firm plan which would minimize the environmental effects on the adjacent Jack's Lake and provide maximum benefits to the citizens of Clermont. He then stated that he agreed with the conditions as stated in Resolution #743, but that the word "hardwoods" in Item #12, Section 2, should be changed to "conifers." City Manager Saunders concurred with the requested change. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 26, 1991 PAGE -5- Mr. Carlson continued by stating that there had been some minor modifications to the site plan for the Publix Store, which shows a slightly smaller building that will be a prototype store for the Publix chain. Mr. Carlson then briefly touched upon the Department of Transportation's concern that the entrance spacing on Highway 50 does not meet their requirements in that the space is approximately 50' short. However, he further stated that he felt they would approve the entrance as shown. It was then stated that all objectionable items at the rear of the shopping center would be screened from public view and showed conceptual drawings of the shopping center. Mr. Carlson continued by stating that to stay out of the conservation area, some type of reinforcement would be needed and he then passed around pictures of a wall and geogrid combination retaining wall. Graham Lemon, representing the company that will build the wall, explained that the wall would be interlocked with no cement. Trees will be planted in front of the wall in the conservation area, as well as above the wall. Ron Henson, Engineer for the project, explained that the wall will be constructed curvilinear in shape and will vary in height from two feet to a maximum of twenty feet behind Publix. At this point in the meeting, Buck Evans, a resident of Clermont and Member of the Planning and Zoning Commission, expressed his concern for ingress into the area which was a difficult place for people to get to. He also stated that the property being developed was located in the Florida Aquifer recharge area, which was a very sensitive area, and that the proposed 685 parking spaces will prevent percolation. Pat Daly, a resident of Clermont, stated that he favored the development. Paul Anderson, Fire Inspector for the City of Clermont, stated that he favored the development and then questioned the location of fire hydrants and the placement of sprinkling systems in the buildings. City Manager Saunders stated that the Fire Chief would be involved with those matters during the final review process. At this point, City Manager Saunders elaborated on some of the points brought up by Mr. Carlson. It was stated that with regard to transportation issues, reciprocity occurs between the City, County and State. The DOT is concerned with the entrance spacing on Highway which does not meet their requirements by 50'. It was suggested that Quincy's close their entrance on Highway 50 to allow the shopping center entrance. However, in spite of the discrepancy, it is believed the DOT will approve the entrance because the existing median cut cannot be moved. It was then explained that Lake County did not agree with the configuration of the excel and decel lanes on Grand Highway and stated the north entrance to the shopping center should be aligned with Almond Street. It was also was also discussed that they would like to ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING NOVEMBER 26, 1991 PAGE -6- have a frontage road on the site, but it could not continue to the east due to the topography. Quincy's parking lot will be connected to the shopping center on the north side, but there could be a better traffic flow configuration. Mr. Carlson pointed out there was a two lane road going around the entire site. Mr. Saunders continued by stating that the DOT tentatively agreed to the stoplight at Grand Highway and Highway 50 and reiterated that they may not allow the second entrance on Highway 50. Council Member Turville questioned how long it would take for them to make their decision and it was stated that it usually takes three to four weeks. Council Member Turville then asked Mr. Carlson if the elevations on the site plan just presented were the same as previously reviewed by the Council. Mr. Carlson stated that they were. Mr. Turville then asked when the Council would see a site plan with the retaining wall and ingress and egress indicated. Mr. Carlson stated that it should be ready in two to two and one-half weeks. At this point, Council Member Turville stated that one of his major concerns was traffic flow because the site was not easily accessible, and he feared that if the shopping center is built, the Council would be creating something that was not really planned for because a lot of people would be funneled into a tight spot and this would change the entire traffic flow pattern for the city. Council Member Norquist stated that he believed the worst place in Clermont for traffic flow problems was in front of the present Publix Store on Highway 50. At the close of the comments, City Manager Saunders stated that he wanted the Council to be aware of the elevation differences of 18' between the Quincy parking lot and the parking lot in the new shopping center. The new K Mart will be at an elevation of 145' at the front of the building falling to 125' at the rear which will require 20' of fill on the north side. All slopes will be 2:1 with the exception of the water retention areas which will be 3:1. 91-225 There being no further discussion or comments, A MOTION WAS MADE BY COUNCIL MEMBER NOROUIST. SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY A THREE TO ONE ROLL CALL VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY. TO ADOPT RESOLUTION #743 AS AMENDED TO CHANGE THE WORD HARDWOODS TO CONIFERS IN ITEM #12, SECTION 2 AND TO INCLUDE THAT THE NORTHERN ENTRANCE TO THE SHOPPING CENTER ON GRAND HIGHWAY MUST ALIGN WITH ALMOND BTREET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. As a closing comment, Council Member Turville stated that he still did not believe that commercial development should be allowed on the site. SOLID WASTE - DISCII88ION OF REMEDIES FOR INEQUITIES IN TIPPING FEES CHARGED BY LAKE COUNTY Mayor Pool explained the that there were inequities in tipping fees being charged by Lake County, and that there is no mandatory CITYOF CLERMONT M~IUTES REGULAR COUNCIL MEETING NOVEMBER 26, 1991 PAGE -7- • collection for county residents, which causes inequities. City Manager Saunders stated that the Lake County League of Cities is taking the position that it is not fighting the incinerator, and that it has been acknowledged by all five County Commissioners that inequities do exist. It was further explained that the League believes that the inequities arise from people paying for garbage collection vs. those not paying for any type of collection, and that 15~ of people living in Lake County use no garbage collection service of any type. City Manager Saunders then stated that an analysis was done previously which indicated a worse case scenario of approximately an $8.50 per ton overcharge based on the figures provided by the consultant's report authorized by the Lake County Board of Commissioners and completed by PFM. It was further reported that the Lake County League of Cities is working on a draft resolution that could be considered by the cities, which proposes that $8.50/ton be withheld from our monthly billings until such time as the County takes action to eliminate the disparity in the fees. Another option which has been discussed is to file for a declaratory judgement, however, this is not being recommended. Mr. Saunders continued by stating that as much as $2,000 per month could be withheld until an official decision is made by the County, and that the City could go back to last March when the incinerator first opened to recapture the overcharge. This money could be put in a restricted account until the decision was made. Mr. Saunders then asked for Council direction in this matter. Much discussion of the problem ensued with Council Member Turville pointing out that the real problem was paying too much for the incinerator. He stated that he was worried that a special assessment for the incinerator would be forthcoming which would negate the city's recycling and composting programs. Cities with such programs would need to obtain credits to keep them operational. Discussion followed stating that the City could take its garbage to Sumter County and that it was an opinion of Lake County's lawyer that the cities could do this because Sumter County is a recycling site. Mayor Pool suggested that Sumter County remain a viable option for the City. It was pointed out that the County could not put special assessments on city residents without Council approval. 91-226 A MOTION WAS MADE HY COIINCIL MEMBER DIIPEE. SECONDED BY COIINCIL MEMBER TIIRVILLE AND IINANIMOIISLY CARRIED THAT CITY MANAGER BAIINDERB BRING THE RESOLIITION TO THE NERT COIINCIL MEETING FOR CONSIDERATION AT THAT TIME. DISPATCHING - DISCII88ION OF AGREEMENT TO DISPATCH FIRE CALLS FOR THE TOWN OF MONTVERDE City Manager Saunders stated that the Town of Montverde requested the City of Clermont consider dispatching their Fire Department, and that they have only had three fires in the past five years. • CITY OF CLERMONT 1VIINUTES REGULAR COUNCIL MEETING NOVEMBER 26, 1991 PAGE -8- It was explained that the citizens of Montverde would dial 911, which would be answered by the 911 operators and transferred to our dispatcher for the dispatching. Montverde would provide the necessary equipment and their own channel for dispatching. Mr. Saunders further stated that the City's insurance carrier, the League of Cities, felt there would be no liability problem as long as the City was listed as an added insured on Montverde's insurance and vice versa. In conclusion, Mr. Saunders stated that if the City agrees to proceed with this, the Town of Montverde concurs that an interlocal agreement should be written outlining the priorities and procedures under all circumstances for dispatching and limiting the liabilities of the City of Clermont. City Manager Saunders then suggested that the City charge $50 per month for the service and that the interlocal agreement be developed. 91-227 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER NOROOIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED FOR CITY MANAGER SAUNDERB TO DRAW IIP THE INTERLOCAL AGREEMENT AT A FEE OF $50 PER MONTH. PUBLIC COMMENTS Pat Daly, Chairman for the Light Up Clermont Program, was present to promote the event and recruit volunteers for the Living Christmas Card. There being no further business adjourned at 9:30 p.m. Attest: or discussion, the meeting Robert A. Pool, Mayor