MINUTES 050228

							                   MINUTES OF THE CITY COMMISSION MEETING
                               FEBRUARY 28, 2005

The City of Leesburg Commission held a regular meeting Monday, February 28, 2005, in the
Commission Chambers at City Hall. Mayor Christian called the meeting to order at 5:30 p.m.
with the following members present:

                                Commissioner Sanna Henderson
                                  Commissioner Bob Lovell
                                 Commissioner David Knowles
                                 Commissioner Lewis Puckett
                                    Mayor John Christian


Others present were City Manager (CM) Ron Stock, City Clerk (CC) Betty Richardson, City
Attorney (CA) Fred Morrison, Deputy City Clerk (DCC) Diane Gibson Smith, the news media,
and others.

Commissioner Henderson gave the invocation followed by the Pledge of Allegiance to the Flag.

APPROVED CITY COMMISSION MINUTES OF THE REGULAR MEETING HELD
FEBRUARY 14, 2005

Commissioner Lovell moved to approve the City Commission minutes of the regular meeting
held February 14, 2005. Commissioner Knowles seconded the motion and it carried
unanimously.

Mayor Christian stated the next items to be discussed will be the two Public Hearing items
regarding J. K. Ventures.

CM Stock stated the procedure for the process of approving ordinances.        This is the first
reading of the following two ordinances. He noted the applicant is not making a presentation at
this meeting and not everyone needs to speak at this time. The chair has the discretion to take
comments or not.

INTRODUCED AN ORDINANCE ANNEXING APPROXIMATELY 11.49 ACRES
OWNED BY JOHN K. SMITH & MARK BENNETT, DBA J.K. VENTURES EAST OF
U.S. HWY 27 AND SOUTH OF COMMANDER ROAD IN SECTION 14-20-24 AND
PLACING PROPERTY IN COMMISSION DISTRICT 3

Commissioner Knowles introduced the ordinance to be read by title only. CC Richardson read
the ordinance by title only, as follows:

       An ordinance annexing certain property owned by John K. Smith and Mark
       Bennett, dba J.K. Ventures, said property consisting of approximately 11.49 acres
       and being generally located east of U.S. Highway 27, south of Commander Road
       and west of the Palatlakaha River, lying in Section 14, Township 20 south, Range
       24 east, Lake County, Florida, which is contiguous to the city limits of the City of
       Leesburg, Florida; providing that said property so annexed shall be liable for its
       proportionate share of the existing and future indebtedness of said City; providing
       that such annexed property shall be subject to all laws and ordinances of said City
       as if all such territory had been a part of the City of Leesburg at the time of
MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING

       passage and approval of said laws and ordinances; providing that said property
       shall be placed in Commission District 3; and providing for an effective date.

Commissioner Puckett questioned the location of Hawthorne in relation to this property.
Community Development Director (CDD) Laura McElhanon pointed out on the map that
Hawthorne is to the east and north of this property.

Commissioner Knowles questioned if the developer had done prior developments within the City
of Leesburg. CDD McElhanon stated he has done the downtown offices on the corner of Third
and Market and Fourth Street.

Commissioner Knowles further questioned why this annexation was not handled under the JPA.
CM Stock stated the City has never adopted a JPA with the County and thus it was never moved
forward by the County Commissioners.

Leslie Campione, attorney on behalf of the applicant, stated this is a 14 acre parcel. The
applicant is asking for 3 units per acre while it is currently zoned at 6 units per acre in the
County. Development can occur now at the 6 unites per acre. The developer wants to work with
the City. An agreement on a PUD ordinance that includes design criteria (materials, design, etc.)
has been worked out where the development will also be on City water and sewer. Also, the
developer will pave Commander Road to the end of this property to the specifications of the
City. She noted care is being taken to preserve the river bank by not allowing clearing of trees
within 100 feet of the river.

Commissioner Puckett questioned the density of the housing across the river. Ms. Campione
stated the lots are 5500 sq ft. The overall density for Hawthorne is 3.7 units per acre. The lots
alone in Hawthorne are denser than what is being proposed.

Commissioner Lovell questioned the price range of housing in the proposed development. Ms.
Campione stated the mid-range price will be in the mid $200,000’s and will be for families. It is
not being proposed as a 55 and over development.

Ann Westphal, a concerned citizen from Hawthorne, stated people from Hawthorne are not
trying to stop development on the other side of the river. This project has gone through several
steps and has become a higher density each time. Mrs. Westphal stated she and her husband
moved here in 1986 and fishing for big mouth bass was big in Leesburg. Fishing was as big a
draw to Leesburg as Bike Week is to Daytona. The proposed development will hurt the
spawning fish grounds and thus hinder the fishing.

INTRODUCED AN ORDINANCE REZONING APPROXIMATELY 11.49 ACRES EAST
OF U.S. HWY 27 AND SOUTH OF COMMANDER ROAD IN SECTION 14-20-24 FROM
COUNTY R-6 TO CITY PUD SUBJECT TO LISTED CONDITIONS

Commissioner Knowles introduced the ordinance to be read by title only as follows. CC
Richardson read the ordinance by title only, as follows:

       An ordinance of the City of Leesburg, Florida, rezoning approximately 11.49
       acres generally located east of U.S. 27 and south of Commander Road and west of
       the Palatlakaha River, lying in Sections 12 and 13, Township 20 south, Range 24
       east, Lake County, Florida from County R-6 (urban residential) to City PUD

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MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING

       (Planned Unit Development) subject to the attached conditions; and providing an
       effective date.

CM Stock stated staff received a petition and letter from Mr. Wolf being opposed to the rezoning
as well as 46 letters opposing the rezoning. Rezoning is a quasi judicial item so he held off
distributing the letters so they could be received into the City Clerk’s records and be included as
admitable information. The information packets were distributed to the Commissioners and into
the City Clerk’s records.

CDD McElhanon stated the PUD zoning was created last summer. The PUD limits the
development to 4 units per acre. The conceptual plan is asking for 3.1 units per acre.

Commissioner Knowles questioned how Hawthone residents get from the Marina to Lake Harris.
Members from Hawthorne in the audience stated they do go through Palatlakaha Creek.

Ms. Leslie Campione stated there is commercially zoned property to the west and to the north.
The applicant considers this development to be a transitional use between the river, the higher
density and the commercial usages. An environmental consultant will be available at the next
meeting to discuss water quality issues, storm water management and habitat protection.

Mr. Egor Emery, a concerned citizen, stated he wants to make sure the water quality is kept to
the highest possible level. He is pleased to see the City services being used. The river bank and
slopes are of concern and he would like to see them protected.

CA Morrison questioned the average setback of the average home on the riverbank in
Hawthorne. Mr. Emery stated he doubted it was 100 ft. Members of the audience from
Hawthorne objected to this comment and stated the setbacks were more than 100 feet.

Ann Wettstein Griffin, speaking as an individual who lives downstream from the Palatlakaha
River, stated she is concerned about degradation of the Palatlakaha River, Harris Chain of Lakes,
and the Ocklawaha River. Changes in one section can have far reaching effects. She noted she
is concerned about erosion of the banks especially since the Palatlakaha River is on the list of
impaired water bodies. Impairments on the Palatlakaha River are listed as high in the Florida
Department of Environmental Protection. Ms. Griffin stated she recently enjoyed a boat ride
along the Palatlakaha River to Lake Harris. She is very concerned about the trees on the banks.
Ms. Griffin presented a copy of her notes to be placed in the City Clerk’s records.

Mr. Robert Mann, citizen of Hawthorne, stated Hawthorne is a community of 300 acres and 1800
people. The plans for the proposed development have changed several times. A larger
undeveloped area along the river would be better. The banks are very high on the river here.
There are a number of inconsistencies that need to be examined before approval.

Nancy H. Fullerton, a member of the Alliance to Protect Water Resources, stated she is here to
issue a concern of the cumulative affect of growth. The Alliances’ concern is the cumulative
affect of development along the river. She suggests a conservation easement and a Water
Authority easement. Commissioner Lovell questioned if the Lake County Water Authority will
approve putting docks there. Ms. Fullerton stated she can not say if the docks will or will not be
allowed.



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MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING

Mr. George Wolf, a citizen of Hawthorne, distributed and read an additional letter from Save the
River Committee. He also presented the original petition to be placed in the City Clerk’s
records.

Ms. Leslie Campione stated most topics in question have been covered. She reiterated that
within the buffer of 100 feet there will not be any tree removal. On the Hawthorne side of the
river there is a gentle slope and it is probably a flood plain which would explain why homes are
situated so far away from the river on that side. Commissioner Lovell stated the concern is in
regards to the river and the docks. Ms. Campione stated the developer will bring back the
proposal that offers the most protection for the river. Currently it is set for 16 lots and 8 docks
with a boardwalk for the center lots. The plans for the docks have not been presented to St.
Johns River Water Management District for approval yet.

Mayor Christian stated there is a need for further clarification on plans before the next meeting.
He further stated he hopes developers do not get discouraged about bringing in plans for new
subdivisions.

Mayor Christian called a 5 minute break at 6:35 p.m. to allow people to leave.       The meeting
reconvened at 6:40 p.m.

PRESENTED SERVICE AWARDS

Electric and Gas Director Lloyd Shank presented a service award to Darrell Rankin for twenty
years in the Electric Department;

Lieutenant Bill Christman and Sargent Earl Bean presented a service award to Scott Gray for
fifteen years in the Police Department;

The service award for Sherri Tretter for ten years in the Finance Department is to be presented at
a later meeting

PRESENTED A VIDEO ON TELECOMMUNICATIONS

CM Stock stated there is a bill in front of Senate to prohibit the providing of certain services.
The City is taking a proactive approach to this bill and has produced a video on why
telecommunications should be allowed. The video was shown.

PROCLAMATIONS:

Mayor Christian proclaimed support for renaming of Haines Creek to Haynes Creek by reading
the proclamation in its entirety.

Commissioner Henderson introduced Bob Brunier who wrote a book about Captain Haynes and
is the driving force behind getting the creek renamed. Mr. Brunier stated Captain Haynes would
be proud of where Leesburg is today. He accepted the proclamation.

CONSENT AGENDA:

Pulled A-2 (Demolition of Elk’s Lodge building)
      B-7 (Men of Distinction Lease)
      B-8 (Water Supply Alliance)
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MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING


Commissioner Knowles moved to approve the Consent Agenda except for A-2, B-7, and B-8.
Commissioner Henderson seconded the motion. The roll call vote was:

                     Commissioner Lovell                         Yea
                     Commissioner Knowles                        Yea
                     Commissioner Puckett                        Yea
                     Commissioner Henderson                      Yea
                     Mayor Christian                             Yea

Five yeas, no nays, the Commission approved the Consent Agenda with the exception of A-2, B-
7, and B-8 as follows:


PURCHASING ITEMS:

 1. LB-05-01 Demolition Services continuing contract for various Depts. awarded to
             Johnson’s Excavation and Services, Inc., CWB Contractors, Inc., and Central
             Environmental Services, Inc.
 2. PULLED Demolition of Elk’s Lodge building for Library Dept awarded to Central
             Environmental Services, Inc. for $25,150.00 (#PR34373) – PULLED
 3. LB-05-07 Two Solid Waste Collection vehicles for Public Works Dept. awarded to
             Container Systems & Equipment Co., Inc. for $294,466.00
 4. LB-05-08 Trencher with Backhoe for Electric & Gas Dept. awarded to Ditch Witch of
             Central & South Florida, Inc. for $43,644.52
 5.          Robotic Surveying Equipment for Public Works Dept awarded to Trimble Ltd.
             for $38,728.35 (PR #34217)

RESOLUTIONS:

RESOLUTION 7298
A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and
City Clerk to execute an agreement with Johnson’s Excavation & Services, Inc. to provide
demolition services for various City departments pursuant to LB-05-01; and providing an
effective date.

RESOLUTION 7299
A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and
City Clerk to execute an agreement with CWB Contactors, Inc. to provide demolition services
for various City departments pursuant to LB-05-01; and providing an effective date.

RESOLUTION 7300
A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and
City Clerk to execute an agreement with Central Environmental Services, Inc. to provide
demolition services for various City departments pursuant to LB-05-01; and providing an
effective date.




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MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING

RESOLUTION 7301
A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and
City Clerk to execute an amendment to the agreement with Bentley Architects and Engineers,
Inc. to provide design services for the new Public Works facility; and providing an effective
date.

RESOLUTION 7302
A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and
City Clerk to execute Work Order No. 2 to the agreement with MEA Group to provide an
environmental assessment for Runway 13-31 extension project at Leesburg Regional Airport;
and providing an effective date.

RESOLUTION 7303
A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and
City Clerk to execute an agreement with the Armory Board, State of Florida, for the purpose of
providing a monthly usage fee to the Armory Board in exchange for use of the Armory for City
sponsored events; and providing an effective date.

RESOLUTION 7304
A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and
City Clerk to execute an amendment to the agreement with The Scott Partnership Architecture,
Inc. to complete a facilities needs analysis for a recreational gymnasium for the Recreation and
Parks Department; and providing an effective date

RESOLUTION 7305
A resolution of the City Commission of the City of Leesburg, Florida, authorizing the Mayor and
City Clerk to execute an agreement with Christian Care Center to provide a payment method to
eliminate past due Public Service Tax; and providing an effective date.


RESOLUTION 7306
A resolution of the City Commission of the City of Leesburg, Florida, adopting the City of
Leesburg Public Library Safe and Secure Policy for Children; and providing an effective date.

OTHER AGENDA ITEMS:
1. Monthly Financial Report for January 2005


APPROVED AWARDING OF DEMOLITION OF THE ELK’S LODGE BUILDING TO
CENTRAL ENVIRONMENTAL SERVICES

Commissioner Knowles stated he requested this be pulled as he felt he needed to try to preserve
this old building one last time.

Commissioner Henderson moved to approve the award of the demolition to Central
Environmental Services and Commissioner Lovell seconded the motion. The roll call vote was
as follows:

                      Commissioner Knowles                        Nay
                      Commissioner Puckett                        Yea
                      Commissioner Henderson                      Yea
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MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING

                      Commissioner Lovell                          Yea
                      Mayor Christian                              Yea

Four yeas, one nay, the awarding of the demolition of the Elk’s Lodge building to Central
Environmental Services was approved.

ADOPTED RESOLUTION 7307                   EXECUTING        A      LEASE   WITH      MEN     OF
DISTINCTION/LEESBURG, INC.

Commissioner Puckett introduced the resolution to be read by title only. CC Richardson read the
resolution by title only, as follows:

       A resolution of the City Commission of the City of Leesburg, Florida, executing a
       lease agreement between Men of Distinction/Leesburg, Inc. and the City of
       Leesburg; and providing an effective date.

Mayor Christian stated he requested this be pulled as he is a member of the Men of
Distinction/Leesburg, Inc. and thus will need to abstain from voting. Mayor Christian passed the
gavel to Mayor Pro-tem Lovell.

Commissioner Knowles moved to approve the resolution and Commission Puckett seconded the
motion. The roll call vote was as follows:

                      Commissioner Puckett                         Yea
                      Commissioner Henderson                       Yea
                      Commissioner Knowles                         Yea
                      Mayor Pro-tem Lovell                         Yea
                      Mayor Christian                              Abstained

Four yeas, one abstention, no nays, the resolution was adopted.

Mayor Pro-tem Lovell returned the gavel to Mayor Christian.

ADOPTED RESOLUTION 7308 EXECUTING AN INTERLOCAL AGREEMENT WITH
LAKE COUNTY AND OTHER MUNICIPALITIES TO FORM A WATER SUPPLY
ALLIANCE

Commissioner Knowles introduced the resolution to be read by title only. CC Richardson read
the resolution by title only, as follows:

       A resolution of the City Commission of the City of Leesburg, Florida, authorizing
       the Mayor and City Clerk to execute an interlocal agreement with Lake County
       and other Municipalities in the County to form a Water Supply Alliance; and
       providing an effective date

Commissioner Knowles stated he requested this be pulled because Leesburg has an economical
source of water. It is a strategic advantage for Leesburg. The City should not be wasteful.

Commissioner Knowles moved to approve the resolution while keeping in mind the City’s
current availability of water. Commissioner Puckett seconded the motion. The roll call vote was
as follows:
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MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING

                      Commissioner Henderson                       Yea
                      Commissioner Lovell                          Yea
                      Commissioner Knowles                         Yea
                      Commissioner Puckett                         Yea
                      Mayor Christian                              Yea

Five yeas, no nays, the Commission adopted the resolution.

PUBLIC HEARINGS:

ADOPTED ORDINANCE 05-17 ACCEPTING A UTILITY EASEMENT FROM PATSY
M. AND TIMOTHY DAVID KIRKMAN FOR LAND IN SECTION 25-19-24 ALONG
U.S. HWY 441 AT NEWELL HILL ROAD

CC Richardson read the ordinance to be read by title only, as follows:

       An ordinance of the City of Leesburg, Florida, accepting a utility easement from
       Patsy M. Kirkman and Timothy David Kirkman, as grantor, to the City of
       Leesburg, as grantee, pertaining to land located in Section 25, Township 19 south,
       Range 24 East, Lake County, Florida; and providing an effective date.

Commissioner Lovell moved to adopt the ordinance and Commissioner Puckett seconded the
motion. The roll call vote was as follows:

                      Commissioner Lovell                          Yea
                      Commissioner Knowles                         Yea
                      Commissioner Puckett                         Yea
                      Commissioner Henderson                       Yea
                      Mayor Christian                              Yea

Five yeas, no nays, the ordinance was adopted.

INTRODUCED AN ORDINANCE REZONING APPROXIMATELY 16 ACRES EAST
OF HWY 27 AND NORTH OF CR 33, IN SECTIONS 2 & 11-20-24 FROM R-3 TO R-3
WITH A PDO FOR RESIDENTIAL TOWNHOMES SUBJECT TO THE LISTED
CONDITIONS FOR S&V LAND DEVELOPERS

Commissioner Knowles introduced the ordinance to be read by title only. CC Richardson read
the ordinance by title only, as follows:

       An ordinance of the City of Leesburg, Florida, rezoning approximately 16 acres
       generally located east of US Highway 27 and north of County Road 33, west of
       Lake Harris, lying in Sections 2 & 11, Township 20 south, Range 24 east, Lake
       County, Florida, from R-3 (High Density Residential) to R-3 with a PDO
       (Planned Development Overlay) district, for residential townhomes subject to the
       attached conditions; and providing an effective date.

CDD McElhanon showed a drawing of the conceptual plan. She noted it shows the emergency
connection on the north of this subdivision.


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MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING

INTRODUCED AN ORDINANCE AMENDING THE FISCAL YEAR 2004-05 BUDGET
FOR THE GENERAL, CAPITAL PROJECTS, COMMUNICATIONS, AND SOLID
WASTE FUNDS

Commissioner Knowles introduced the ordinance to be read by title only. CC Richardson read
the ordinance by title only, as follows:

       An ordinance of the City Commission of the City of Leesburg, Florida amending
       the Fiscal year 2004-05 Budget for the, General, Capital Projects,
       Communications and Solid Waste Funds and providing an effective date.

CITY ATTORNEY ITEMS: None

CITY MANAGER ITEMS:

A. CM Stock stated the suggested dates for the Commission Retreat are April 1 & 2, 2005.
   This will be a time for the Commission to look at the priorities for the next two years and a
   work plan. The Commission agreed to a one day event. The retreat is scheduled for Friday,
   April 1, 2005 at the Lakeview Inn in Mount Dora from 9:00 a.m. until 3:00 p.m.

    The Department Head Retreat is Thursday and Friday (March 3 & 4) at Lake Receptions.
    Mission statements and goals will be reviewed on Thursday.

B. CM Stock stated he is requesting authorization to seek appraisals for property located at 117
   Euclid Street (one lot back from Magnolia St). The property is owned by Attorney Taylor.
   The property has been cleared and will be put up for sale. The owners have approached the
   City to purchase the property as it is adjacent to the Magnolia Trail and the Mote Morris
   House. CM Stock suggested the property could be used for parking during special events
   while retaining the canopy of trees. An appraisal will cost about $2800.

    Commissioner Lovell moved to authorize obtaining an appraisal on 117 Euclid Street.
    Commissioner Puckett seconded the motion. The roll call vote was as follows:

                      Commissioner Knowles                        Yea
                      Commissioner Puckett                        Yea
                      Commissioner Henderson                      Yea
                      Commissioner Lovell                         Yea
                      Mayor Christian                             Yea

    Five yeas, no nays, the Commission approved authorizing the appraisal on 117 Euclid Street.

ROLL CALL:

Commissioner Lovell – none

Commissioner Knowles – stated would like to see the City look at the Railroad Station and
purchase it before someone else does.

Commissioner Puckett – stated Mardi Gras turned out very well. The Molly Hatchet Band
should not be invited back as they cost more and more and start later and later.
Commissioner Henderson – none
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MINUTES OF THE FEBRUARY 28, 2005 CITY COMMISSION MEETING


Mayor Christian – stated the dedication at John L. Johnson Park was a nice tribute to a positive
young man (Jed Beford). He commended the City for stepping up to do this.

Commissioner Knowles moved to adjourn and Commissioner Puckett seconded the motion.
The meeting adjourned at 7:26 p.m.


                                                            ______________________________
                                                            Mayor

ATTEST:


____________________________________
City Clerk

_____Diane L. Gibson Smith
Recorder

MINUTES 050228




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