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.
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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.
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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.
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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.
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CITYOF CLERMONT
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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
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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
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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.
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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