02-13-1990 Regular Meeting~/ %~.
REGULAR COUNCIL MEETING
FEBRUARY 13, 1990
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, February 13, 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, Planning Director
McAllister, and Deputy City Clerk Brandt.
INVOCATION
The Invocation was offered by Nilsa Whitehead followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Workshop Meetings
and the Regular Meeting held January
presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
held January 4 and 16, 1990
23, 1990 were approved as
LEAGUE OF CITIES ANNUAL AWARDS BANQUET
The Council was reminded of the Annual Awards Banquet to be held
on February 15, 1990 beginning at 6:00 p.m. at Mission Inn at
Howey-in-the Hills.
WATERFOWL REPLACEMENT PROJECT
City Manager Saunders requested that Council authorize the
reimbursement to Mr. Sterling Frye of $640 from Reserves for the
final pair of swans, which he paid for when the Center Lake
Waterfowl Replacement Project Fund ran out of money.
90-034 A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE, SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO REIMBURSE MR. STERLING
FRYE $640 FROM GENERAL FUND RESERVES.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee gave a brief overview . of her recent trips to
Washington D. C. and Tallahassee, representing the City of Clermont
for the East Central Florida Regional Planning Council and the
League of Cities respectively.
COUNCIL MEMBER TURVILLE'S REPORT
LAKE COUNTY INCINERATOR
Council Member Turville updated the Council Members on "The Zero
Option" being considered by the Lake County Board of Commissioners,
which is a term for the possibility of backing out of the
incinerator and paying it off without ever operating it.
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PAGE -2-
David Livingston, a consultant with Smith Barney, stated at today's
County Commission Meeting that the cost of backing out of the $79
mil lion dollar contract which was originally figured at between $2
and $20 per household per year did not include other factors which
could drive the cost much higher. Mr. Turville continued by
stating that at the meeting it was also discussed that the County
may not have enough garbage to operate the incinerator, which
requires 163,000 tons per year and would have to import garbage
from.other counties until the year 2009. Also discussed were the
more stringent rules for operating incinerators, which will be
implemented by the Environmental Protection Agency in 1994, which
also could drive up the costs of operating the incinerator.
Council Member Turville stated that he favored "The Zero Option"
and asked if the City would be willing to take a stand in
opposition to the construction and operation of the incinerator.
Under discussion, it was decided that other cities should be
contacted to see if there would be mutual support to join in
opposition to the operation of the incinerator. Council Member
Cole suggested a workshop be held if there were enough supporters
of the concept.
90-035 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED DIRECTING CITY MANAGER
SAUNDERS TO CONTACT THE OTHER CITIES IN LAKE COUNTY TO SEE IF THERE
WOULD BE MUTUAL SUPPORT IN OPPOSITION TO THE CONTINUED CONSTRUCTION
AND OPERATION OF THE INCINERATOR.
City Manager Saunders stated that he would contact the other cities
and report his findings at the next Council Meeting.
NILSA WHITEHEAD'S REPORT
As Chairperson of the Parks and Recreation Board, Nilsa Whitehead
asked that Mayor Pool appoint Cliff and Nancy Revell to the Parks
and Recreation Board.
Mayor Pool thanked the Revells for their interest in the City and
appointed them to the Board.
EMPLOYEE RECOGNITION
CALANDER °CHUNR° MCGEE
Mayor Pool introduced Public Works Director Bob Smythe to present
a watch to Mr. McGee in recognition of his years of service to the
City. Mr. Smythe then introduced Mr. McGee and his family and
thanked him for his years of dedicated service in the Sanitation
Department. Mr. McGee started work with the City in January of
1970 and retired late last year.
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FEBRUARY 13, 19 90
PAGE -3-
JOSEPH E. VAN ZILE
C7
City Manager Saunders explained that as previously announced, 'the
City of Clermont received the Government Finance Officers'
Association Award for Achievement of Excellence in Financial
Reporting for our 1988 Financial Report.
City Manager Saunders then called Mayor Pool and Mr. Van Zile to
the podium. A plaque from the Government Finance Officers'
Association was presented to the Mayor on behalf of the City and
the Certificate of Achievement was presented to Mr. Van Zile in
honor of his accomplishment.
Finance Director Van Zile thanked those who helped him with the
report and introduced Jeanny Fisk, Jim McAllister and Julie Brandt.
Mr. Van Zile also thanked his family and introduced his wife and
sons to those present.
VISITORS WITH BUSINESS
RESOLUTION #656 - CONSOLIDATED SOUTH LAKE COUNTY SCHOOLS CITIZENS
ADVISORY COMMITTEE
Nilsa Whitehead, representing the advisory committees from all the
schools in South Lake County appeared before Council and asked that
the Council support their recommendation to the School Board to
place the South Lake County Consolidated High School as facilities
priority #1.
Under discussion of the request, Council Member Turville
questioned whether there should be a consolidated high school for
South Lake County considering the prof ected growth which will be
taking place in the next few years. However, he did agree that the
school should be the #1 facilities priority of the School Board at
this time.
Mayor Pool called for comments from those present and Terri Coole,
who was present in the audience, spoke in favor of the
consolidation.
90-036 A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION #656. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR
POOL.
RICK WEBER - RESOLUTION #655, REQUEST FOR A CONDITIONAL USE PERMIT
City Manager Saunders explained that Mr. Weber was requesting a
Conditional Use Permit to construct two townhouses in the R-3 and
C-2 District. It was further explained that a Conditional Use
Permit was required for the prof ect due to a portion of the
property being in an area zoned C-2 Commercial. The request for
the CUP was made before and granted by Council, but the time limit
to begin construction expired. Four units have been completed and
Mr. Weber wishes to conclude the prof ect with the final two units.
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It was pointed out that the Planning and Zoning Commission and
Staff had recommended approval of the request. with the original
conditions as stated in Resolution #655.
Mayor Pool called for comments from those present and no one spoke
in favor of or in opposition to the request. City Manager Saunders
read a letter from Miriam Johnson, an owner of one of the four
townhomes, expressing her opposition to the construction of any
more unit s. on the property due to overcrowding.
90-037 There being no further discussion of the request, A MOTION WAS MADE
BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #655
GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF TWO
TOWNHOMES ON BLOCK 79, LOTS 15, 17, 19 AND THE NORTH 50' OF LOTS
18 AND 20, CITY BLOCKS. THE RESOLUTION WAS READ BY TITLE ONLY BY
MAYOR POOL.
UNFINISHED BUSINESS
FINAL READING OF ORDINANCE 213-M
City Manager Saunders explained that this ordinance was introduced
thirty days ago and would finalize the annexation of approximately
ten acres into the city limits. The property is located east of
Grand Highway and south of the existing Church property.
Mayor Pool called for comments from those present and Mark Edwards
spoke in opposition to any annexation stating that he wished to
retain the small town atmosphere the residents of Clermont now
enj oy.,
Nilsa Whitehead and Susan Wood spoke in favor of the proposed
annexation.
Under Council comments, Council Member Turville stated that this
annexation was voluntary and the owner wished to be in the city
limits and this particular annexation was not contingent upon the
annexation of the Fosgate property.
90-038 There being no further comments or discussion, A MOTION WAS MADE
BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT MISCELLANEOUS
ORDINANCE 213-M ANNEXING TRACT 9, LAKE HIGHLANDS SUBDIVISION,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, SECTION 20 INTO THE CORPORATE
LIMITS OF THE CITY OF CLERMONT. THE ORDINANCE WAS READ BY TZTLE
ONLY BY MAYOR POOL.
FINAL READING OF ORDINANCE 218-M
City Manager Saunders explained that this ordinance would annex
approximately sixty acres of property known as the Chicone
property. Mr. Saunders then located the property on an aerial
photograph for those present and explained that the property was
located on the northeast corner of the intersection of Grand
Highway and Jack's Lake Road.
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PAGE -5-
Mayor Pool called for comments from those present and an adj acent
property owner, Mr. Joseph Matthews, stated that he had no
objection to the annexation.
90-039 There being no further comments, A MOTION WAS MADE BY COUNCIL
MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY
CARRIED BY ROLL CALL VOTE ADOPTING MISCELLANEOUS ORDINANCE 218-M
ANNEXING TRACTS 24, 25, 26, 27 AND 28, LAKE HIGHLANDS SUBDIVISION,
TOWNSHIP 22 SOUTH, RANGE 26 EAST, SECTION 20 INTO THE CORPORATE
LIMITS OF THE CITY OF CLERMONT. THE ORDINANCE WAS READ BY TITLE
ONLY BY MAYOR POOL.
FINAL READING OF ORDINANCE 263-C
City Manager Saunders explained that this ordinance would amend
our current Zoning Ordinance to allow day care centers in the R-
3-A Residential/Professional District, but only as a conditional
use. Currently the R-3-A zoning district allows only medium
density residential or professional offices as a conditional use.
Mayor Pool called for comments from those present and no one spoke
in opposition to or in favor of the ordinance. It was pointed out
that the Planning and Zoning Commission and Staff recoQnmend
approval of the change.
90-040 A_MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
ORDINANCE 263-C AMENDING THE CURRENT ZONING ORDINANCE TO ALLOW DAY
CARE CENTERS IN THE R-3-A RESIDENTIAL/PROFESSIONAL DISTRICT AS A
CONDITIONAL USE. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR
POOL.
NEW BUSINESS
INTRODUCTION OF ORDINANCE 220-M
City Manager Saunders explained that this ordinance would introduce
the annexation of an approximate ten acre parcel located on the
north side of Highway 50 at the intersection of Highway 50 and
Hancock Road, and that the final annexation hearing cannot be held
until the f final annexation of the Fosgate property, due to the
contiguous requirement for annexation.
90-041 This being an introduction,
WAS MADE BY COUNCIL MEMBER
COLE TO
there was no discussion and A MOTION
)UPEE AND SECONDED BY COUNCIL MEMBER
MISCELLANEOUS
-M. THE ORDINANCE WAS
READ BY TITLE ONLY BY MAYOR POOL.
INTRODUCTION OF ORDINANCE 221-M
City Manager Saunders explained that this ordinance would annex an
approximate ten acre parcel located on the north side of Highway
50, approximately 1.2 miles east of Highway 27. As with the
previous ordinance, the final hearing for this property cannot take
place until the final annexation of the Fosgate property.
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90-042 A MOTION WAS THEN MADE BY COUNCIL MEMBER NORQIIIST AND SECONDED BY
COUNCIL MEMBER DUPEE TO INTRODUCE MISCELLANEOUS ORDINANCE 221-M.
THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL.
INTRODUCTION OF ORDINANCE 222-M
It was explained by City Manager Saunders that the City Council
adopted the first meeting of February and the first meeting of
August to hear any requested amendments to the Comprehensive Plan,
and Ordinance 222-M includes three requested amendments.
PROPOSED CHANGE #1
It was explained that proposed change #1 was being requested by Mr.
Richard Gallup and would change his property located at 310 Almond
Street described as Block 2, Lots 7 and 8 from the NED-5
designation to the EBD-2 designation, which would allow an
increased zoning capability for his property that would include
professional or commercial. It was further explained that the
present zoning of the property was R-2 Medium Density, but the
future land use designation NED-5 in which it is now located does
not allow professional offices.
The Planning and Zoning Commission and Staff recommend that this
property and Block 2, Lots 9 and 10 and Lots 69 and 76, Clermont
Heights be included in the EBD-2 district, which would place the
dividing line between the two districts along Almond Street.
After a brief discussion of this request, it was the consensus of
Council to leave this request in the ordinance.
PROPOSED CHANGE #2
City Manager Saunders explained that proposed change #2 would be
for an increase in allowable density in the UD-4 district for the
southern portion of Block F, Lot 5. There are existing single
family homes located on the northern part of Lot 5 and when the
criteria for this area was developed, instead of placing the
division line for a change in allowable density at the rear
property lines, it was placed along the block line which divided
this particular vacant property. The owner wishes to develop the
entire parcel into an eight unit per acre development. Without the
change, the southern 100' x 600' strip of Lot 5 would be left at
four units per acre.
Mr. Saunders concluded his explanation by stating that the Planning
and Zoning Commission and Staff were recommending that instead of
only the strip being converted to the higher density, the entire
Lot 5 be included in the change because the Department of Community
Affairs had criticized our criteria in the UD-4 district for its
marry exceptions and divisions made in the area for density and
various uses.
Mayor Pool called for comments from those present concerning the
request. Warren Thomas, who lives in a single family residence at
661 Grand Highway, stated that he opposed to the higher density
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FEBRUARY 13, 1990
PAGE -7-
for the development because of increased traffic and his concern
for the higher density development contributing to future water
problems.
Much discussion ensued concerning making the entire Block 5 the
higher density. When questioned concerning what could be placed
on the 100' x 600' strip at• the lower density, City Manager
Saunders stated that 6 - 8 single family homes could be built on
the property at the four units per acre density.
Questions were also asked concerning the opening•of Bloxam•Avenue
to- ~ the east of the development as a connector street and the
construction of another street on the west side of the development.
After substantial discussion of the request; • it was the consensus
of Council to leave the request in the ordinance as written until
comments -are received •from- • the ~ Department of Community Af fairs
concerning placing the entire Block i-n the higher density. After
the •comments are received- -within -ninety days, the Council will
decide at the. f i.nal reading of the ordinance whether to ~ approve the
request or leave the strip in Block 5 at the lower density.
PROPOSED CHANGE #3
City Manager Saunders ~explained• -that -proposed •change #3 is a
request to include the newly annexed property on south Highway 27
into the- UD-2 ~di~strict, which would allow for commercial
development of the parcel.
Mayor Pool called for• comments from those present a-nd no one spoke
in favor of or in opposition to the requested change.
It •was ~ the consensus of Council to leave this request in the
ordinance.
90-043 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL
MEMBER NORQUIST TO INTRODUCE ORDINANCE 222-M. THE ORDINANCE WAS
READ BY TITLE ONLY BY MAYOR POOL.
The final reading of- •this• ordinance ~will~ occurafter receipt of~
comments from the•~Department of Community Affairs which takes
approximately ninety days.
FLORIDA LEAGUE OF CITIES AGREEMENT
City Manager Saunders explained• that for -the past two years the
Florida League of Cities has provided•a service for the collection
of any unpaid•occupational license taxes of insurance companies to
any interested cities.
It was further explained that•through the agreement the League-of
Cities would do•the research required to see which companies are
operati-ng and would ac-tually collect the revenues due to the city,
and in return, • the League will• retain 50$ of • the collec-t ions. Mr.
Saunders concluded by stating that ~ i:t would ~ be in the best
interest for the City to enter into this agreement at this time.
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PAGE -8-
90-044 After a brief discussion of the agreement, A MOTION WAS MADE BY
COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND
UNANIMOUSLY CARRIED TO ENTER INTO THE AGREEMENT WITH THE FLORIDA
LEAGUE OF CITIES FOR THE COLLECTION OF UNPAID OCCUPATIONAL LICENSE
TAXES OF INSURANCE COMPANIES WITHIN THE CITY LIMITS OF CLERMONT.
BID AWARD
It was reported that four bids had been received for the
landscaping and irrigation system for the medians located west of
Twelfth Street on Highway 50 as follows:
Nichols Nursery $ 8,404
Morris Contract Services $10,275
Florida Landcrafters $ 6,010
Treasure Island Nursery $ 5,988
Much discussion ensued concerning the bids and the additional cost
of 53,856 plus approximately $500 for labor to run a waterline to
the site. It was also pointed out that the City did not receive
its 50-50 matching grant for the project, and the cost for the
entire project would be almost $10,000. Concerns were expressed
that the median could be replaced with a stacking lane within a few
years as customer traffic increased at Emerald Lakes Plaza, and
that all maintenance for the project will be assumed by the City.
90-045 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER
NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY
CARRIED TO REJECT ALL BIDS FOR THE PROJECT AND REAPPLY FOR A GRANT
FOR THE MEDIAN BEAUTIFICATION PROJECT.
FEE SCHEDULE
City Manager Saunders explained that Resolution #657 would amend
the fee schedule for various permits and other service requests
provided by the City, which had not been increased since 1985.
The increased fees will be more in line with the actual costs
incurred for processing the various requests and those charged by
other governmental units within the County. Each fee was explained
in detail by Mr. Saunders.
90-046 After a brief discussion of the increases, A MOTION WAS MADE BY
COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #657
AMENDING THE CITY'S FEE SCHEDULE.
PALATLAKAHA RECREATION AREA CHANGE ORDER
City Manager Saunders stated that the City had not received the
anticipated Change Order, but asked that the Council consider
another matter concerning the Palatlakaha Recreation Area.
It was reported that the irrigation system was originally designed
as an overhead gun system with four guns for each ball field. Mr.
Saunders then asked that Council consideration be given to changing
the irrigation system to a Toro popup sprinkler system such as the
REGULAR COUNCIL MEETING
FEBRUARY 13 , 19 9 0
PAGE -9-
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one used at the baseball complex at Boardwalk & Baseball. There
would be no cost difference, but the Toro system has a five year
warranty as opposed to a one year warranty for the gun system and
the, Toro system would save the City approximately $2,500 in
electricity because it operates on 25 hp ptunp as opposed to a 40
hp pump with the overhead gun system.
90-047 After a brief discussion of the benefits of the Toro System, _A
MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED TO UTILIZE THE TORO IRRIGATION
SYSTEM AT THE PALATLAKAHA RECREATION AREA INSTBAD OF THE OVERHEAD
GUN SYSTEM CALLED FOR IN THE ORIGINAL SPECIFICATIONS.
EMPLOYEE BENEFITS
City Manager Saunders explained that as was discussed at the
workshop last week, we have negotiated a pre-employment physical,
as well as an on-going annual physical for existing employees with
South Lake Memorial Hospital. The cost of the pre-employment
physical will be S40 per employee and the annual employee physical
will be $80. $100 per employee was included in the budget for the
annual physical, so the City would be well within its budget with
these prices. It was further explained that it would be a one year
agreement and it will have to be renegotiated on an annual basis.
90-048 There being no discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO
ENTER INTO A ONE YEAR NEGOTIABLE AGREEMENT WITH SOUTH LAKE MEMORIAL
HOSPITAL FOR PRS-EMPLOYMENT PHYSICALS AND ANNUAL PHYSICALS FOR
EXISTING EMPLOYEES AT A COST AS STATED ABOVE TO BEGIN IMMEDIATELY.
COUNCIL APPOINTMENT
It was reported that Mr. Rob Mitchell had resigned from the
Planning and Zoning Commission due to the fact that he will be out
of town for at least four months this year. Mr. Carlos Solis has
requested appointment to fill the unexpired term of Mr. Mitchell.
90-049 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED
TO APPOINT GARLOS SOLIS TO FILL THE ONE YEAR UNEXPIRED TERM OF ROB
MITCHELL ON THE PLANNING AND ZONING COMMISSION.
Mr. Solis, who was present in the audience was congratulated on the
appointment and thanked for his willingness to serve the City.
There being no f urther business or discussion, the meeting
adjourned at 10:10 p.m.
Robert A. Pool, Mayo
Attest:
-v
Van ile, City Clerk