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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. • REGULAR COUNCIL MEETING FEBRUARY 13, 1990 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. ~~ ~~ REGULAR COUNCIL MEETING 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. • • REGULAR COUNCIL MEETING FEBRUARY 13, 1990 PAGE -4- 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. i • REGULAR COUNCIL MEETING FEBRUARY 13, 1990 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. • REGULAR COUNCIL MEETING FEBRUARY 13, 1990 PAGE -6- 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 • REGULAR COUNCIL MEETING 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. • REGULAR COUNCIL MEETING FEBRUARY 13, 1990 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- • 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