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01-23-1990 Regular Meeting CdTYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 1990 • A Regular Meeting of the City Council of the City of Clermont was held Tuesday, January 23, 1990 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Dupee, Council Member Cole and Council Member Norquist. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, City Planner McAllister and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Bob Richenberg followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held January 9, 1990 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT UNITED STATES DEPARTMENT OF AGRICULTURE REQUEST TO CONDUCT TESTS City Manager Saunders reported that he had received a letter from the United States Department of Agriculture Soil Conservation District in Brooksville requesting permission to conduct plant growing tests at the sprayfield site. Two or three 100 square foot test plots would be planted to see what type of plants will grow in the sprayfield environment. It was the consensus of Council that there would be no problem with the request, but Richard Langley, who leases the sprayfield site for a hay growing operation should be contacted. City Manager Saunders stated that the test sites would not interfere with Mr. Langley' s operation, but he would contact him before giving the USDA permission to use the site. COUNCIL WORKSHOP City Manager Saunders stated that he would like to conduct a Council Workshop next week. After some discussion, it was the consensus of Council to hold the Workshop at 6:00 p.m. on Thursday, February 1, 1990 in the City Hall Conference Room. COUNCIL MEMBER DUPEE'S REPORT LAKE COUNTY LEAGUE OF CITIES Council Member Dupee gave each Council Member information .. ~ •. CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 2 3 , 19 9 0 Page -2- concerning the League's position on Amendment 3 to limit mandated legislation without funding and asked that they read the information. A brief report was also given on the High Speed Rail Act of 19 84. COUNCIL MEMBER COLE'S REPORT TRASH PICK UP Council Member Cole stated that he had concerning trash pickup and asked if Manager Saunders stated that city crews on picking up composting materials an trash would be picked up by the end of MAYOR POOL'S REPORT received a number of calls there was a problem. City had been doing a time study d that the remainder of the the week. Mayor Pool thanked the South Lake Council for the Arts for another fine performance and welcomed Cub Scout Pack 133 to the Council Meeting. Mayor Pool also commented on the recent erroneous Editorial published in the "Lake Sentinel" concerning the City of Clermont's lack of water retention facilities and stated that he had spoken with the editor to set the record straight. In fact, the City of Clermont has more than four water retention areas on line. VISITORS WITH BUSINESS RICHARD CASSELBERRY - RESOLUTION #653, REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW REBUILDING OF NON-CONFORMING STRUCTURE It was explained by City Manager Saunders that Mr. Casselberry was requesting a Conditional Use Permit which would allow the rebuilding of a non-conforming structure located at 596 West Highway 50, but that he had phoned in today and requested that the matter be tabled. 90-025A MOTION WAS M MEMBER COLE AND A LATER DATE. UTION IL IL HOLLAND AND ASSOCIATES - RESOLUTION #654, REQUEST TO AMEND CONDITIONAL USE PERMIT TO EXTEND EXPIRATION DATE TO FEBRUARY 23, 1991 FOR PLANNED UNIT DEVELOPMENT City Manager Saunders explained that approximately two years ago Holland and Associates requested a Conditional Use Permit for a Planned Unit Development to be located at the northwest corner of Pitt Street and Grand Highway, which included a 200 unit congregate care facility, a 50 bed nursing home and professional and retail Y CARRIED TO TABLE BY L MEMBER DUPEE, SECONDED BY CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 1990 PAGE -3- • offices. At that time the Council granted two years on the CUP where normally one year is allowed for construction to begin. City Manager Saunders continued to explain that this CUP expires on February 23, 1990, and the applicant is requesting an extension of the CUP until February 23, 1991. The Planning and Zoning Commission recommended a one year extension. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the request. Council Member Dupee commented that she believed that previously, Holland and Associates had not begun the proj ect because they could not obtain a certificate of need from the State for the nursing home part of the project. She then asked Pat Smith, Administrator of South Lake Memorial Hospital who was present in the audience, if he could shed scene fight on how this type of certificate was determined. Mr. Smith stated that he was not familiar with the requirements concerning nursing homes. Council Member Turville stated that if the proposed annexations in the area come to pass, there will need to be extensive road and utility improvements in the area and it may not be appropriate at the time of development to utilize conditions placed upon Holland and Associates two years ago. He suggested that the Conditional Use Permit be allowed to expire and the applicants reapply when they are ready to begin the project. Mayor Pool asked City Attorney Baird if a six months extension was granted, could the applicants come back and ask for another extension. City Attorney Baird advised that they could. 90-026After some further discussion of the area, A MOTION WAS MADE BY COUNCIL MEMBER DUPES, SECONDED BY COUNCIL MEMBER NORQUIST AND CARRIED BY A FOUR TO ONE _ROLL CALL VOTE WITH COUNCIL MEMBER - - -- - ..+v a i aW V VL V 1 1 V1Y 7r V J Y ~ L'» Lil lPalYL1'.L, l7!'(,L°uV'j' 11V~ A SIX MONTHS EXTENSION TO AUGUST 23, 1990, TO HOLLAND AND ASSOCIATES' CONDITIONAL USE PERMIT. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. UNFINISHED BUSINESS MARK SUTHERLAND - RESOLUTION #651, REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 7 TOWNHOUSES City Manager Saunders explained that this request for a Conditional Use Permit to construct seven townhouses at the southwest corner of Chestnut and Eighth Streets was tabled from the previous meeting to give the applicant time to submit a new layout, which was submitted and found to be acceptable except for some engineering plans which still need to be worked out. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 1990 PAGE -4- Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the proposed development. City Manager Saunders commented, as the site plan was viewed by the Council Members, that the fence would stop at the 100' elevation, which is the flood plain and there would be no gate. Sidewalk will be constructed on the Chestnut and Eighth Street sides of the property. 90-027 There being no fur the discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #651 GRANTING A CONDITIONAL USE PERMIT TO MARK SUTHERLAND TO CONSTRUCT SEVEN TOWNHOMES LOCATED AT THE SOUTHWEST CORNER OF CHESTNUT AND EIGHTH STREETS. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. DENNIS HORTON, TRUSTEE - RESOLUTION #652, REQUEST FOR A CONDITIONAL USE PERMIT TO FILL AN APPROX. 19 ACRE SITE WITH 500, 000 COBIC YARDS OF MATERIAL Denni s Horton, on behal f of Bob Wade, was present to reques t a Conditional Use Permit to fill approximately 19 acres with 500,000 cubic yards of material in the area north and east of Quincy's Restaurant. Also present was Rick McCoy, Engineer for the project and Scott Feldman, owner of the trucking company which would be hauling the dirt to the site. Mr. Horton explained that Mr. Wade wished to make the property developable into a site on which a shopping center could be constructed, and that Mr. Wade held a contract on the property for such a development. Mayor Pool called for comments from those present and the following comments were made concerning the proposed project: Don Burris stated that he would welcome a shopping center to the site because of its easy access. There being no further comments from the public, Council comments were then heard. Mayor Pool stated that he went door to door to all the residents along Grand Highway and asked for their opinions of the project, and found that virtually all of the residents wanted a shopping center on the site. Concerns were expressed concerning blowing sand and it was suggested that a water truck be on the site and functioning at all times. Also, it was the consensus of those interviewed that they would like a berm to separate the project from the adjacent residential areas. City Manager Saunders explained that the Conditions as outlined in Resolution #652 were formulated by the City Staff and City Engineer in an effort to protect Jack's Lake and the surrounding areas, if the City Council does grant approval of the project. It was also pointed out that it was the City Council's responsibility to determine if this project was appropriate for the area with the listed conditions and would not adversely effect the public health, CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 1990 PAGE -5- • safety, appearance or general welfare of the area. Dennis Horton then stated that he would like to go over the conditions as listed and make comments and propose some changes. In Section #1, Item #1, Mr. Horton stated that Mr. Wade originally had requested two (2) years, but would compromise and have the time changed for completion of the prof ect from one (1) year to eighteen (18) months. Under discussion of this proposed change, it was questioned when exactly the Conditional Use Permit started. City Attorney Baird stated that it began when it was signed, and Mr. Wade had ninety days in which to sign it. Council Member Dupee questioned a developer waiting two years to purchase the property, if in fact, there was a contract on the property. She also stated that it would make more sense to have a firm commitment on the property and fill it according to the developer's needs for the proposed shopping center, instead of moving dirt now and again when the property is developed. Mr. Horton then questioned the proposed method of phasing the project and stated that he did not want to have to complete and certify Phase I before he could move into the next phase. City Manager Saunders stated that this item had been changed and addressed when the proposed Conditional Use Permit was rewritten after the workshop. Mr. Horton was then given a copy of the rewritten resolution to read and agreed with the phasing changes. Item #11 in Section II was then discussed. Mr. Horton stated that he did not want to place a temporary 6' chain link fence along Grand Highway. After some discussion, it was determined that a sodded and maintained berm would be acceptable to limit access to the site. The next item discussed was Item #12 in Section II concerning ingress and egress to the site. Mr. Horton stated that they preferred that the trucks go down Highway 50 to the site and ingress the property just east of Quincy' s. Egress back to the job site would occur on the existing clay road. When questioned concerning the number of trucks entering Highway 50 from the job site, Mr. Feldman stated that there would be eight trucks working per day and that a truck would be exiting the job site approximately every 2.5 minutes. Much discussion ensued concerning the safety and practicality of making the circuitous route vs. staying on the existing clay road for all trips. In view of the present concerns, it was the consensus of Council to allow ingress to the site from Highway 50, ® • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 2 3 , 19 9 0 PAGE -6- just east of Quincy's restaurant and egress on the existing clay road. It was decided that of ter completion of the first phase, the site review committee would review how this was going prior to permitting subsequent phases of the proj ect. If it is found that a problem exists, the committee will refer the matter to Council for an amendment to the Conditional Use Permit. Due to the neighboring residential development on Grand Highway, it was also determined that no trucks or machinery used in the project will be allowed to use Grand Highway. Mr. Wade agreed to these changes. Mr. Horton then questioned Item #4 on page 4 which stated that the trees should be evenly spaced. City Manager Saunders stated that this statement had been removed in the revised Conditional Use Permit. A4r. Horton then asked for clarification of Item #6 on page 5 and asked if the landscaping buffer was to be placed after completion of the project and City Manager Saunders stated that was what was to be done. Mr. Horton concurred with this item. At this point in the meeting, Mssrs. Horton and Wade agreed to Item #7 concerning a reclamation cash bond amounting to 110$ of the actual reclamation costs by phase being submitted to the City. After review of these items by Council, an open and frank Council discussion occurred concerning the scope of the project and past experiences with Mr. Wade's excavation project. Council Member Turville expressed his concern for the timetable of the project stating that he did not want it to drag on for such along time. Council Member Dupee asked Mayor Pool how long he told the people he interviewed the project would continue. Mayor Pool stated that he had told them the project would take between one and two years and would operate six days a week from 7:00 a.m. to 7:00 p.m. Council Member Norquist questioned the requirement for a cash bond with reference to Item #8 on page 5 and asked if it would be held twelve months after completion of the project. At this point, Mr. Horton requested that the bond requirement be changed to a performance bond. Much discussion ensued concerning the two types of bonds, and City Attorney Baird stated that either way the City would have to go to court to collect. Upon consideration of the request, it was the consensus of Council to change the requirement to either a cash or performance bond. =0-028 At this point, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO DENY THE REQUESTED CONDITIONAL USE PERMIT ON THE BASIS THAT IT WAS A TOO LONG A PERIOD OF TIME FOR SITE WORK WHEN IN ACTUALITY IT WAS A .. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 1990 PAGE -7- MINING OPERATION, NOT SITE WORK. THE MOTION DIED FOR LACK OF A SECOND. 90-029A MOTION WAS THEN MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE, WITH COUNCIL MEMBER TURVILLE VOTING NAY TO ADOPT RESOLUTION NO. 652 AS AMENDED AS FOLLOWS: ITEM #l, SECTION 1 WAS CHANGED TO READ "THIS PROJECT SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS OF THE DATE OF ISSUANCE FOR THE CONDITIONAL USE PERMIT..., ITEM #5, SECTION 1 WAS CHANGED TO READ "THIS PERMIT SHALL EXPIRE EIGHTEEN MONTHS FROM THE DATE OF ISSUANCE OF THIS CONDITIONAL USE PERMIT°, ITEM #11, SECTION 2 WAS CHANGED TO READ "A 6' HIGH SODDED AND MAINTAINED BERM WILL BE REQUIRED ALONG GRAND HIGHWAY FROM QUINCY'S PROPERTY LINE TO EXISTING DRIVEWAY°, ITEM #12, SECTION 2 WAS CHANGED TO READ "INGRESS TO THE SITE SHALL BE FROM HIGHWAY 50 EAST OF QUINCY'S RESTAURANT AND EGRESS SHALL BE FROM THE EXISTING CLAY ROAD. THE SITE REVIEW COMMITTEE SHALL REVIEW INGRESS AND EGRESS PRIOR TO PERMITTING SUBSEQUENT PHASES AND IF A PROBLEM EXISTS THEY WILL REFER TO COUNCIL FOR AMENDMENT. NO INGRESS OR EGRESS OF MACHINERY OR TRUCKS SHALL BE ALLOWED ON GRAND HIGHWAY°, ITEM #1, SECTION 4 WAS CHANGED TO READ "THE SILT BARRIER SHALL BE PLACED AT THE FLOOD M 1T1T TTr TTTT~.~Tw~~ ww-ww ..w ~~-~ ~ -~~~-__ ___ -_ _ - _ UNTIL RECLAMATION IS COMPLETED AND ACCEPTED"..., AND ITEM #7, SECTION #4 WAS CHANGED TO READ "A RECLAMATION CASH OR PERFORMANCE BOND AMOUNTING TO 110$ OF ACTUAL RECLAMATION COSTS BY PHASE"...THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. INTERLOCAL AGREEMENT - COMPOST DISPOSAL City Manager Saunders explained that he had several meetings with Mascotte City Clerk, Sherman Suter, regarding a joint composting project with the City of Clermont, and Mr. Suter had indicated Mascotte's desire to cooperate with Clermont on the project. Mr. Saunders further explained that the City of Mascotte was currently in the permitting process for their composting site and had received a verbal approval from the DER, and the site most likely would be ready to accept compost by the 1st of February. By taking yard trash out of our garbage stream the City will reduce tipping fees of $40 per ton currently paid to Lake County and also will be making progress toward compliance with waste reduction requirements outlined by the State. With regard to the cost of the composting operation to the City, Mr. Saunders stated that the City of Mascotte was buying a $16,000 chipper which will be on-site for mulching and chipping the larger material. This year's payment to Mascotte would be $5,000, which is 50~ of their estimated operating costs for the year. Clermont employees will not be involved in the operation of the site, but will be involved with delivering and dumping the material in designated areas. ® • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 23, 1990 PAGE -8- After a brief discussion of the benefits of this type of program, 90-030A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOSLY CARRIED TO ENTER INTO THE COMPOST DISPOSAL AGREEMENT WITH THE CITY OF MASCOTTE. PROPERTY ACQUISITION City Manager Saunders explained the property was located at 865 West Montrose Street, just north of the present Police and Fire Department Building. The City Manager continued by stating that the he was recommending that the City purchase the property, but only after a certified appraisal was prepared for the City to determine the fair market value. 90-031Af ter a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THE PURCHASE OF THE PROPERTY UNTIL THE APPRAISAL IS COMPLETED FOR THE CITY, AT WHICH TIME IT WILL BE PLACED BACK ON THE COUNCIL AGENDA. ACQUISITION PROJECT AGREEMENT City Manager Saunders stated that the agreement needed to be signed by Council in order to receive 50-50 matching grant funds in the amount of 544,896 approved by the Department of Natural Resources for the purchase of the additional five acres adjacent to the Palatlakaha Recreation Area. 90-032A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE AGREEMENT wl•rH rHE DEPARTMENT OF NATURAL RESOURCES IN ORDER TO RECEIVE THE 50-50 MATCHING GRANT FUNDS IN THE AMOUNT OF $44,896 FOR THE PURCHASE OF THE FIVE ACRE PARCEL ADJACENT TO THE PARR SITE. SLUDGE DISPOSAL AGREEMENT City Manager Saunders explained that for several years the City had been been disposing of sludge on Mr. Bruno's sod farm located on south County Road 33, but now Lake County is requiring a new Conditional Use Permit for sludge disposal on the area. Mr. Bruno. does not the own the property, but leases it from several different owners, many of whom reside outside the country, and he is not interested in applying for or holding a Conditional Use Permit on the property. It was further reported that Mr. Bruno was willing to allow the City to be the applicant for the Conditional Use Permit, as long as the owners also were agreeable. However, City Manager Saunders stated that the City did not want to be a third party in such an agreement. II CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING C JANUARY 23, 1990 PAGE -9- Mr. Saunders continued by stating that Mr. John Arnold has already received a Conditional Use Permit from Lake County for a sludge disposal site south on Highway 27 and was willing to accept all of the City's sludge. The City will be responsible for delivering the sludge to the. site, and will be charged a rate of $2 per cubic yard or approximately $1,800 per year. 90-033 After a brief discussion of the proposed agreement, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE SLUDGE DISPOSAL AGREEMENT WITH JOHN ARNOLD ENTERPRISES, INC. AT A COST OF $2 PER CUBIC YARD. There being no further business adjourned at 10:04 p.m. Attest: v J E. Van Zi e, City Clerk or discussion, the meeting obert A. Poo Mayor