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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 PAGE -2- • 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 ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 1991 PAGE -3- 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 n CITYOF CLEIiMONT 1VIINUTES REGULAR COUNCIL MEETING FEBRUARY 12, 1991 PAGE -4- r~ LJ 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 .. ® • 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 ® • 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- • 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 • 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. • 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 • 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 ~~ - _ ~-