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
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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
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REGULAR COUNCIL MEETING
JANUARY 23, 1990
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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.
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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,
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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,
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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
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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.
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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.
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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