02-12-1991 Regular Meeting® •
CITYOF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, February 12, 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 Cole, Council Member Dupee, and Council Member
Norquist. Other City Officials present were City Manager Saunders,
City Attorney Baird, Finance Director Van Zile, Planning Director
Harker and Deputy City Clerk Brandt.
PIIBLIC HEARING
COMPREHENSIVE PLAN - PUBLIC HEARING FOR TRANSMITTAL OF PROPOSED
PLAN TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
It was explained that the first item of business for this meeting
will be a public hearing for the transmittal of our Comprehensive
Plan to the Florida Department of Community Affairs. Due to the
9J-5 Rule and the Chapter 163 Statute concerning the Comprehensive
Plan, this must be the first item of business prior to any other
reports or business at the meeting.
Mayor Pool then introduced Planning Director Harker who presented
a brief overview of the procedure followed in arriving at the plan
being presented, which meets the requirements of the 9J-5 Rule and
State Statute 163 dealing with Comprehensive Plans.
Mr. Harker then explained the eight (8) elements of the plan, as
required by law, and the two main parts of the plan which consist
of the data support and the adoptable part which contains the
goals, objectives and policies of the plan.
The Future Land Use Map was displayed and each category of use was
explained and it corresponding color code.
Mr. Harker then explained three proposed changes to the City~s
existing Future Land Use Map and pointed them out as each one was
explained. The changes were presented as follows:
1. The northern part of the Willows Townhouse Development was
moved from the EBD-2 District to the NED-5 District since it
is now developed as residential.
2. The area east of U.S. 27 between Desoto and Pitt Streets was
in EDB-2 Commercial District. Now the area north of Roane
Road is included in the UD-5 District which is included with
Residential/Professional designation.
3. The northwest corner of the intersection of Highways 27 and
50 was designated UD-2 and is now in the UD-5 land use area.
Mayor Pool then called for comments from those present.
Bob Salis, who lives in the Greater Hills Development outside of
the corporate limits asked what time period the Future Land Use Map
covered. Mr. Harker stated that it covered two time frames, one
being the initial five year period and then a second five years.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
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Howard Barry questioned if the commercial zoning along Highway 27
could be considered "strip zoning". Planning Director Harker
stated that the Department of Community Affairs did not approve of
strip zoning and the three commercial zones indicated on the map
were considered to be commercial nodes and that all but one already
exist in the City. The new commercial node on Highway 50 is part
of the acreage annexed last year.
The next person to speak was Mark Edwards who questioned the
wording and meanings in the policies listed below:
1. In Policy 1-3, Mr. Edwards expressed his concern regarding
ingress and egress from development on Highway 50 and that it
was very difficult to pull out into traffic safely and make
a turn against traffic. He further stated that he hoped this
policy addressed those properties and that something would be
done to remedy the situation.
Mr. Harker responded by stating that if Mr. Edwards would look
in the Transportation Element, he would find that the City is
requiring either a frontage or reverse frontage road, which
will eliminated additional curb cuts along Highway 50, and
enhance public safety along the route.
2. In Policy 1-4, Mr. Edwards read the policy and questioned
the meaning of "concurrent" and stated that to him, if it was
not in on the day of occupancy, it won't be there. He stated
that he wanted all infrastructure in place before any
certificate of occupancy could be issued. City Manager
Saunders explained that the concurrency law requires that it
must be in place, when the CO is issued.
3. In Policy 2-5, Mr. Edwards read the policy concerning
"residential subdivisions being designed to include an
efficient system of internal circulation, including the
provision for external collector streets, where applicable,
to guide traffic onto external arterial roads and highways..."
and stated that he had learned a new term called a "dead
worm" design for subdivisions whereby numerous cul-de-sacs are
used and then all the traffic is shunted out one collector
road onto the highway. He expressed his concern that the
language in the policy would lend itself to a "dead worm" type
of development as opposed to a grid type subdivision. Mr.
Harker stated that the intent of this policy was to encourage
grid type subdivisions, not "dead worms".
4. In Policy 2-9 regarding central water and sewer systems for
new urban developments designed to be compatible with future
public utility systems, Mr. Edwards stated that he favored
this policy and would hope that the City would stay away from
on-site waste disposal systems such as septic tanks.
5. In Policy 2-17 regarding the location of shopping centers,
Mr. Edwards read part of the policy which stated that they
should be located to serve regional and communitywide markets
at the intersections of existing and proposed arterial
roadways in order to improve accessibility and minimize
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
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unnecessary traffic. Mr. Edwards then expressed his concern
that if a shopping center was developed at the intersection
of Highways 27 and 50, a real bottleneck would occur with the
existing traffic lanes. Mr. Edwards then asked what was
proposed to prevent this problem. Mr. Harker stated that the
Transportation Element of the Plan called for frontage and/or
reverse frontage roads on all major and minor arterial roads
to remedy this type of situation.
6. The next questioned section concerned the Housing Element.
Mr. Edwards stated that he was happy to see verbiage
concerning "...a partnership with the private sector to
improve the efficiency, affordability, etc. of housing..." and
asked if it was necessary wording that came down from the
State. Mr. Harker stated that this was the type of thing the
DCA encouraged and that they wanted this type of working
relationship between the government and the private sector.
It was further explained that this type of partnership was not
a legal partnership, but a sharing of information.
7. The next item questioned was Policy I-1 on page 4-2, the
fourth paragraph which contained wording that the City shall
"minimize" urban sprawl. Mr. Edwards stated that he would
like to see a tougher word used, such as
"eradicate","prohibit" or "discourage".
Mr. Edwards went on to state that he feels urban sprawl is bad
and the use of the word "minimize" implied acceptance of urban
sprawl, and use of a tougher word would curb it drastically.
City Attorney Baird advised that it depended upon the
definition of urban sprawl and the time and situation of the
particular area to which the words were being applied. Under
discussion of the suggested word change, it was determined
that the word "minimize" in this particular instance was the
correct word to use.
8. Policy IV-5, goal three, "...promote resource recovery..." was
read and Mr. Edwards asked what resource recovery meant. City
Attorney Baird stated that the language was used to encourage
the City to recycle. City Manager Saunders agreed and added
that it encouraged any type of re-use, including composting
and recycling.
9. Policy I-2 on page V-2 was questioned regarding air quality
and the meaning of the word "mitigation", and asked what was
the purpose of the stated policy.
Mayor Pool stated that this was discussed in a workshop and
Council Member Turville explained that this had to do with
mining operations with regard to air borne soil migration.
The intent is to stop fugitive dust the best way possible, but
it cannot be stopped 100.
City Manager Saunders then explained that over the next twelve
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CITYOF CLEIiMONT
1VIINUTES
REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
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months, the City would be revising its Development Regulations
to come in line with the Comprehensive Plan and would deal
with the specifics regarding policies set by the plan.
The next item discussed was the "outparcels" contained in the newly
annexed property on the east side of the City and properties which
had not been annexed into the City which were located closer to the
present city limits than those annexed. Mr. Edwards then
questioned what the City had planned for the unannexed parcels.
City Manager Saunders then explained the differences between
voluntary and involuntary annexations and stated that undeveloped
vacant property was almost impossible to annex involuntarily, so
without the property owner requesting an annexation, the City
Council was unable to do anything about that type of situation.
However, the City does envision the property as being a part of the
City at some point in time and the County will most likely direct
those parcels to come to the City to provide needed services.
Mr. Edwards thanked the Council and Staff for their explanations
and clarifications.
The next person to address the Council and Staff was Howard Barry.
Mr. Barry stated that he was very happy to live in Clermont and
wished to keep the City's small town atmosphere as it is and has
been in the past. Mr. Barry expressed concern that the population
of Clermont would increase bringing with it increased taxes. Mr.
Barry then cited statistics comparing population increases over the
past decade with related population density. Much discussion
ensued concerning the figures Mr. Barry cited and it was determined
that Mr. Barry's density projection was erroneous due to a
misplaced decimal point.
Council Member Turville then explained that the present population
of Clermont is approximately 7,000 who essentially live west of
Highway 27, and if you look how the City has developed, regardless
of the zones, it is developed at about three+ units per acre. If
you look at the newly annexed property to the east, it probably
represents 40~ to the area of the City. Therefore, the assumption
is if it develops like the rest of the City, the City will have a
projected population of approximately 10,000, which is equivalent
to approximately 2.7 people per acre, the same as it is now. City
Manager Saunders stated that the density within the city limits
would remain about the same as in the past when including the newly
annexed property and the type of development it will be planned
for.
After some further discussion, Mr. Barry stated he appreciated the
clarification of the proposed density for the City. He further
stated that he was happy to learn that he was not going to be
crowded. City Manager Saunders assured Mr. Barry that the City
wished to keep the quality the City had spent so many years trying
to develop.
In another matter Mr. Barry stated that he felt lakes, rivers and
wetlands should not be included in conservation lands, open land
or public land; but should be categorized separately. He also
stated that he believed clubs and churches should not be included
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
PAGE -5-
in public lands because the were private institutions. He asked
for Council consideration for these changes.
Mayor Pool then stated that he wished to comment concerning Mr.
Barry's concern that tax increases go hand and hand with population
increases. Clermont's millage rate of 2.729 is much lower than Mt.
Dora's millage rate of 7+ mills with a similar population and
Minneola's rate of 5+ mills with a lower population. Mayor Pool
concluded by stating that a rise in population does not always
equate to an increase in taxes.
Mayor Pool called for any other comments and there were none.
Mayor Pool then reminded those present that twice a year changes
could be made to the Comprehensive Plan. He then thanked the
Staff, the Planning and Zoning Commission and the Council for the
many hours of hard work that went into preparing the Comprehensive
Plan.
City Manager Saunders then stated that
Infrastructure Element that should be
sentence, which was previously prop
overlooked and should be deleted. Polic
City shall minimize urban sprawl by
services to_development which is beyonc
boundaries, or upon formal agreement
specifically delineated service area
annexation upon becoming contiguous to
then stated that the part of the senten
accede to annexation upon becoming coy
previously been stricken because it wou]
much with regard to extending the City
that it be stricken now.
he had one change to the
made. One section of a
used to be deleted was
y I-1, states that "...The
not extending essential
the City's limited urban
with Lake County, beyond
which must accede to
the City". Mr. Saunders
:e which reads "which must
~tiguous to the City" had
d tie the City's hands too
's services and requested
91-019 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO STRIKE THE FOLLOWING
WORDING FROM POLICY I-1 OF THE INFRASTRUCTURE ELEMENT: "WHICH MUST
ACCEDE TO ANNEXATION UPON BECOMING CONTIGIIOUS TO THE CITY".
91-020 A MOTION WAS THEN MADE BY COIINCIL MEMBER DUPEE SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO TRANSMIT
THE CITY OF CLERMONT COMPREHENSIVE PLAN TO THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS.
As a final comment, Council Member Turville stated that a copy of
the Comprehensive Plan will remain in Cooper Memorial Library and
the City Planning Department for review. Every six months the City
will deal with revisions, proposed either by Staff or citizens and
upon thorough review, if someone can find an area where the City
is remiss or could be improved upon, the Council would like to hear
from them.
After the public hearing the Council continued with Regular Council
Meeting.
MINUTES
The Minutes of the Regular Meeting held January 22, 1991, the
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
PAGE -6-
Workshop Meetings held January 15, 1991 and December 13, 1990 and
the Special Meeting held December 20, 1990 were approved as
presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
WORKSHOP MEETING
City Manager Saunders stated that he would like to schedule a
Council Workshop for Tuesday, February 19, 1991. After a brief
discussion, it was the consensus of Council to meet with the Jim
Strollo, Architect for the Police Department Expansion Project, at
6:00 p.m. and to meet with the Minneola City Council at 7:30 p.m.
to discuss mutual problems, including Police and Fire protection
and sewer service. The meeting will be held in the Council
Chambers.
LAKE COUNTY RECYCLING COMMITTEE
It was reported that a letter had been received from Brad
Bauserman, Lake County Recycling Coordinator, asking if the City
wished to keep its old member or appoint a new member to the
Recycling Committee. Council Member Turville was reappointed as
the City's representative on the Committee.
PARRS AND RECREATION BOARD
It was reported that at the last meeting of the City's Parks and
Recreation Board it was discussed to appoint a committee separate
from the Parks and Recreation Board which would deal strictly with
the city beautification. The Parks and Recreation Board would deal
with recreation facilities and programs for the City.
City Manager Saunders further stated that this concept had been
discussed before, and Council approval was needed to establish the
Beautification Committee.
91-021 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
TO ESTABLISH A CITY BEAUTIFICATION COMMITTEE BY RESOLUTION. CITY
MANAGER SAUNDERS WAS DIRECTED TO DRAW UP THE RESOLUTION FOR COUNCIL
APPROVAL.
LAKE COIINTY WATER AUTHORITY
It was reported that the next meeting of the Lake County Water
Authority would be held Wednesday, February 13, 1991. A four hour
tour of water control structures will take place.
SCHOLASTIC ROWING REGATTA
It was reported that a letter from Martin Dennis had been received
requesting permission to hold a Scholastic Rowing Regatta at Jaycee
Beach on Saturday, May 11, 1991. This event has been held for
several years with no problems, and it was the consensus of Council
REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
PAGE -7-
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to approve use of Jaycee Beach for the event this year.
DER WATER LINE EXTENSION FEASIBILITY STUDY
City Manager Saunders stated that he would like Council approval
to enter into an agreement with Springstead Engineering, Inc. in
.the .amount of $23,800 to conduct the feasibility study to extend
water lines south of the present city limits. The study will be
done by Springstead Engineering, Inc. and paid for by the DER. The
DER has requested the Cilty to look at this project in order to
relieve the DER of the EDB filter systems they now provide in that
area.
91-022 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED HY COUNCIL
MEMBER NOROUIST AND UNANIMOIISLY CARRIED TO ENTER INTO THE AGREEMENT
WITH SPRINGSTEAD ENGINEERING, INC. FOR THE FEASIBILITY STUDY TO
EXTEND WATER LINES SOUTH OF THE PRESENT CITY LIMITS WITH DER
FUNDING.
CHANGE ORDER - DISSTON/ALMOND STREET
City Manager Saunders reported that he had received a Change Order
reducing the amount, of the Disston Avenue/Almond Street
improvements by $263.98 and asked for Council approval.
91-023 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL
IMPROVEMENTS IN THE AMOUNT OF $263.98.
COUNCIL MEMBER DUPEE'S REPORT
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Council Member Dupee reported that she had attended the Florida
Regional Planning Council meeting in Tallahassee and concern had
been expressed that money would be available for DRI reviews. The
concept of •MPO's (Metropolitan Planning Organizations) was also
discussed. Mrs. Dupee also presented a brief synopsis of her
recent trip to Washington, DC as the ECFRPC's representative to the
national convention.
COUNCIL MEMBER NORQUIST'S REPORT
"DUCK BUCRET"
Council Member Norquist displayed a decorated bucket displaying a
picture of a duck on it and stated that Sterling Frye, who has
spearheaded the waterfowl replacement program at Center Lake,
needed to collect an additional $35 to purchase another pair of
Peking Ducks for Center Lake and• was collecting donations in the
"Duck Bucket". Each time a donation is made, the person's name is
listed on the bucket.
UNFINISHED BUSINESS
FINAL READING OF ORDINANCE 230-M
REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
PAGE -8-
FINAL READING OF ORDINANCE 231-M
RIGHT-OF-WAY ACCEPTANCE
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City Manager Saunders requested that Council action on Ordinances
230-M and 231-M, as~well as the right-of-way acceptance be tabled
indef initely~.
91-024 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO TABLE
ORDINANCES 230-M AND 231-M AND THE RIGHT-OF-WAY ACCEPTANCE
INDEFINITELY.
NEW BUSINESS
LAKE COIINTY TIPPING FEES
Mr. Don Findell, Director of Lake County Department of
Environmental Services, appeared before Council to explain the
rationale of a letter the City received from County Commissioner
Michael Bakich regarding tipping fee revisions and the refunding
of overcharges for tipping fees during the time period o.f August
15, 1990 through October 31, 1990. The County is asking that the
cities excuse tipping fee credits.to which they are entitled. A
copy of the letter is attached and made part of this official
record.
Mr. Findell first explained that the County needed as much garbage
as possible during the start up period of the incinerator in order
to obtain quality environmental tests over a period of time. In
the process, they found that it was difficult. to get haulers to
bring their garbage to the incinerator at $40/ton so the County
charged different fees to the out-of-county haulers. Marion and
Sumter Counties were given lower rates as an incentive to bring
their garbage to the incinerator. The City of Leesburg was asked
to close its landfill early, and therefore given a break at
$20/ton.
Mr. Findell stated that the different fees were charged in error
with no malice intended, and explained that three methods of
crediting tipping fee charges were offered, with Variation #2 .being
the best choice from the County administrative standpoint. In this
method $272,000 would be refunded to all the municipalities
overcharged and tipping fees to all would have to be raised to
recapture the loss. However, residents living in unincorporated
areas would not receive a credit and consequently would suffer a
disproportionate financial burden in paying back the revenue lost.
Variation #3 would be the most equitable to all, but the most
difficult to do administratively. $742,000 would be refunded to
all. If Variation #3 was implemented, tipping fees would have to
increase between $11 and $12 per ton by April.
In conclusion, Mr. Findell stated that due~to the financial impact
on the County and the administrative difficulty in refunding the
credits due, the County was asking that the cities due a credit
excuse the credit. Mr. Findell reiterated that if the credits were
issued, the tipping fees would have to increase.
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REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
PAGE -9-
The City of Clermont has been opposed to the incinerator and much
discussion ensued concerning the cost effectiveness of its
operation. Council Member Turville introduced Dan Eastwood from
Tavares who has studied the operation of incinerators in depth, and
he presented some statistics concerning the incinerator's
operation, and advised that the County should bail out now before
the spiral of costs to run the incinerator keeps going up and up.
Mayor Pool then questioned Mr. Findell as to how long the tipping
fee rates would stay down if the City did not take the refund. Mr.
Findell stated that the rates would go up in six months instead of
in April. He further stated that presently the County is using
cash reserves to keep it at the current rate of $40/ton.
City Manager Saunders stated that Lake County Administrator had
announced that by October 1 the rates would be $65 - $85/ton. Mr.
Saunders also stated that the cities of Groveland, Leesburg and
Eustis had•voted to excuse the credit.
Mr. Findell stated that over the next 90 days the County would
begin analyzing its level of debt service on the incinerator and
draw the line at some cost and stop at that point.
Some further discussion ensued concerning recycling and composting,
both of which take away materials from the incinerator and the fact
that the county was paying to start recycling programs in the
unincorporated areas.
91-025 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED
THAT THE CITY ASR FOR A'REFUND FROM THE COUNTY FOR THE OVERCHARGE
OF TIPPING FEES FROM AUGUST 15 1990 THOROUGH OCTOBER 31 1990.
BID AWARD - SLUDGE STORAGE BED
City Manager Saunders explained that five bids had been received
for construction of a ~ sludge storage bed adjacent to the sewage
treatment plant. The. Engineer's estimate for the project was
approximately $24,000, and upon looking at the plans and
specifications some areas were found that could be modified that
could reduce the price by approximately $5,000.
It was then recommended that the bid be awarded to the low bidder,
H.C. Connell, Inc.• in the amount of $29,968. After the bid award
a change order will be issued prior to the Notice to Proceed for
the changes to reduce the price to approximately $25,000. The
changes include a different type of sub-base, with clay provided
by the City, a steel matting instead of individual rebar and a
different type of manhole. .
91-026 After a brief discussion of the bid, A MOTION WAS MADE BY COUNCIL
MEMBER DUPEE SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY
CARRIED TO ACCEPT THE LOW HID OF H.C. CONNELL INC. IN THE AMOUNT
OF $29,968.
City Manager Saunders then stated that the City had money budgeted
in last year's budget for this project, but nothing was budgeted
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REGULAR COUNCIL MEETING
FEBRUARY 12, 19.91
PAGE -10-
this year for the project because it was decided to wait until the
project was actually designed and put out to bid before making a
budget appropriation. He further stated that a budget amendment
would be needed from Utility Fund Reserves for the project.
91-027 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE.
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED
APPROVING A BUDGET AMENDMENT WITH PAYMENT COMING FROM UTILITY FUND
RESERVES FOR PAYMENT OF THE CONSTRUCTION OF THE SLUDGE STORAGE BED.
There being no further .business or discussion, the meeting
adjourned at 9:50 p.m.
Robert A. Pool, Mayor
Attest:
h V Z} e, City Clerk
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