11-26-1985 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
November 26, 1985
The Regular Meeting of the Clermont City Council was held on
Tuesday, November 26, 1985, in the Council Chambers. 'Th~
meeting was called to order at 7:30 p.m. with the ~0110w1ng .
Council Members in attendance: Mayor Pro Tem Turv1lle, Counc1l
Member Cole, Council Member Huff and Council Member Henry. ,Other
City Officials present were City Manager Saunders, City Attorney
Baird, Finance Director Van Zile and Deputy City Clerk Brandt.
INVOCATION
The Invocation was offered by Cuqui Whitehead followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the meeting held November 12, 1985 were approved
as presented.
REPORTS
CITY MANAGER'S REPORT
PENSION PLAN WORKSHOP
City Manager Saunders reported that if there were no Council
objections, he would like to hold a Workshop to discuss the
proposed pension plan changes and options on Tuesday,
December 3, 1985, at 7:00 p.m. There were no objections to
the request.
WEST BEACH PROPERTY
It was reported that a letter had been received offering a
small 50' x 60' parcel of property adjacent to West Beach for
sale to the City in the amount of $7,500. City Manager Saunders
asked the Council if they were interested in purchasing the property.
Council Member Turville asked if the soil tests at West Beach had
been completed? City Manager Saunders stated that the County was
only sampling the water, and it would be two to three weeks before
the results from an independent laboratory would be completed on
the soil samples. Council Member Turville stated that he would like
to know the results before any definite commitment was made for the
purchase of the property.
After a brief discussion, the Council advised the City Manager to
talk to the real estate agent handling the transaction to see if a
lower price would be considered.
CLERMONT SANDS - WOODCLIFF PROJECTS
It was reported that the Woodcliff Project and the Clermont Sands
Project were building a joint water retention overflow system which
would also help control runoff and eroion on the west side of the
Anderson Street right-of-way. It was further reported that 30' of
the retention area would have to be constructed on City owned prop-
erty (the southeast corner of the ~emetery property).
Council Member Huff questioned the City's policy of requiring water
retention overflow systems, and asked when the policy was adopted.
City Manager Saunders stated that he did not know when it was adopted,
but the City had maintained the policy for a number of years. City
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
November 26, 1985
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Attorney Baird stated that he believed the policy had been adopted
several years ago when the City was considering a particular pro-
posed project. City Manager Saunders stated that he would find out
when and why the policy was adopted and report back to Mr. Huff.
85-l93A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER
HUFF VOTING NAY, TO ALLOW THE CONSTRUCTION OF THE RETENTION AREA
ON CITY OWNED PROPERTY.
COUNCIL MEMBER HUFF'S REPORT
As the Council's liaison to the Transportation Advisory Committee,
Council Member Huff stated that he had a map showing the road
benefit districts, and that there would be a meeting on
December 13, 1985, to discuss the County's five year road capital
improvements projects. The City of Clermont is in District #5.
Council Member Huff gave the map to City Manager Saunders to use
at City Hall for future reference.
MAYOR'S REPORT
Mayor Pool reported that he had attended the Groveland - Clermont
game on Friday night. Even though both schools did not have good
records for the season, he wanted to express his appreciation for
a well played final game of the season.
VISITORS WITH BUSINESS
P.E.C./W.K. DAUGHERTY - CONSULTING ENGINEERS
Alex Hull and Ralph Boeve, representing P.E.C./W.K. Daugherty
Consulting Engineers, appeared before Council to explain the
proposed westerly extension of the Holland East-West Expressway.
Mr. Hull displayed a map and explained the various proposed areas
of expansion and the timetable for the projects. The Company will
be collecting data for approximately eleven months and will be
holding public hearings in January and March. Two corridors for
the expansion have been proposed, and a decision must be made on
which one will best suit the needs of public.
Mr. Hull further explained that it will take one year to do the
study, one year to design the expansion, and eighteen months to
build the project. Depending upon the funding, if State Bonds
are available, the project could be completed in 1991, if not,
in 1996.
Mr. Hull concluded by stating that they would keep the Council
informed of the progress in the Company's monthly newsletter,
which is being sent to each Council Member and Mr. Saunders.
J.H. DRAWDY - REQUEST FOR AN OPEN AIR SALES PERMIT
City Manager Saunders explained that the Drawdys' were requesting
an open air sales permit to sell produce in a portable trailer-type
stand at the corner of Eighth Street and Highway 50 (811 West High-
way 50). The wheels have been removed from the trailer to prevent
theft. As allowed by City Ordinance, Mr. Drawdy has been issued
a thirty day permit. However, a request for over thirty days must
be decided by Council.
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CITY OF CLERMONT
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November 26, 1985
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During a brief discussion it was pointed out that the intent of
the ordinance was to give a person the thirty day open air sales
permit in order to have time to find a permanent place to conduct
his business.
85-l94A MOTION WAS MADE BY COUNCILMEMBER HUFF, SECONDED BY COUNCIL MEMBER
TURVILLE AND UNANIMOUSLY CARRIED TO DENY THE REQUEST FOR THE OPEN
AIR SALES PERMIT TO SELL VEGETABLES FROM A PORTABLE TRAILER AT
811 WEST HIGHWAY 50.
The Council believed that Mr. Drawdy should find a permanent place
to conduct his vegetable sales because other merchants selling the
same commodity have done so, and allowing the open air sale to
continue would be unfair to them.
SANTA'S FOREST REQUEST PERMISSION TO ERECT A TENT
Mr. Ed Hardy, district representative for K-Mart, appeared before
Council to request permission to erect a tent in the K-Mart parking
lot to be used from November 27 through December 23rd for Christmas
tree sales for Santa's Forest. Part of the proceeds from the tree
sales will go to United Cerebral Palsy of Central Florida.
Mayor Pool expressed his concern about the parking spaces being
needed during the Christmas shopping rush being taken by the tent.
City Manager Saunders stated that he had spoken with the manager
of South Lake Plaza, and he too had expressed concern over the
tent using parking spaces meant to be utilized by all of the
merchants in the plaza.
85-195 After a brief discussion, A,MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED
TO ALLOW THE TENT TO BE ERECTED IN K-MART'S PARKING LOT FROM
NOVEMBER 27TH TO DECEMBER 23, 1985.
The Council then directed City Manager Saunders to contact Mr.
Hurtak, Manager of South Lake Plaza, to express the Council's
concern about parking.
OMER CLARK - REQUEST FOR VARIANCE TO THE SIGN ORDINANCE
Omer Clark of Boone Sign Company appeared before Council to
request variances to the sign ordinance to allow the
installation of a Kentucky Fried Chicken bucket on top of
the existing sign. Two variances are required, one for
the maximum height requirement of 30' to 32' and one for
the maximum size square footage from 166' to 280'+. Mr.
Clark stated that he knew of no other City with a sign
ordinance in which the square footage was computed like
the City of Clermont. He stated that most cities compute
square feet of the components of the sign. Mr. Saunders
stated that the variance would still be required regardless
of the method of computation.
Mayor Pool expressed his concern that granting the request
for the height variance would open the door for changes to
all the signs in Clermont.
85-196 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER HENRY AND' UNANIMOUSLY CARRIED
TO DENY THE REQUESTED VARIANCES TO THE SIGN ORDINANCE.
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CITY OF CLERMONT
~INUTES
REGULAR COUNCIL MEETING
November 26, 1985
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EDWIN AND DOROTHY KINDRED - REQUEST FOR REAR Y~RD VARIANCE
Mr. Kindred appeared before Council to request a rear yard variance
from the required 251 to 201 in order to construct a screen room on
an existing patio. Mr. Kindred explained that in 1974 he received
a variance to construct the patio, and that now he would like 'to
complete the project.
85-l97A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL
MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THE REQUEST FOR
A REAR YARD-VARIANCE FROM THE REQUIRED 25' TO 20' IN ORDER TO
CONSTRUCT A SCREEN ROOM ON AN EXISTING PATIO.
NEW BUSINESS
ACCEPTANCE OF HAZELWOOD SUBDIVISION IMPROVEMENTS
City Manager Saunders explained that he had received a letter
from City Engineer John Springstead approving the streets and
utilities in Hazelwood Subdivision and recommending their ac-
ceptance. All other subdivision requirements have been satis-
fied.
85-198 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL
MEMBER HENRY AND-UNANIMOUSLY CARRIED TO ACCEPT THE PUBLIC
IMPROVEMNTS IN HAZELWOOD SUBDIVISION, AS RECOMMENDED BY CITY
ENGINEER JOHN, SPRINGSTEAD.
INTRODUCTION OF ORDINANCE l76-M - REQUIRED REZONING TO CONFORM
WITH THE COMPREHENSIVE PLAN/FUTURE LAND USE DISTRICT MAP
City Manager Saunders reported,that the rezonings listed below
were required to bring the City's Zoning Map into conformance
with the adopted Future Land Use Map. The Planning and zoning
commission at its meeting held November 19, 1985, recommended
that the proposed rezonings be made with the exception of Lots
5, 6, 7, 8, and 9 Winona Bay Subdivision from R-3 to R-l. The
Commission recommended tabling of this matter a property owner
stated that he would request a Land Use Map amendment.
Council Member Turville asked for clarification of parcels
included in the ordinance, and it was stated that the following
parcels, including those in Winona Bay Subdivision were be~ng
introduced:
1. Lots 4, 5, 6, Block 60 From C-l to R-3
2. Block 19 and Lots 3, 4, 5, Block 20 From R-3 to R-l~
3. Lots 1, 3, 5, 7, 9, 11, 13, Block 18 From C-2 to R-2~ Lots
15, 17, 19, Block 18 From C-l to R-2'
4. Lots 5, 6, 7, 8, 9, Winona Bay Subdivision From R-3 to R-l
5. All That Parcel Lying West of a Line 993 Feet West of and
Parallel With the Centerline of Twelfth Street, South of
the South Right-Of-Way Line of Highway 50, North of the
Westerly Extension of Broome Street, and East of the
Westerly Boundary of the City of Clermont From C-2 to R-3
85-199 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL
MEMBER COLE TO INTRODUCE ORDINANCE l76-M.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
November 26, 1985
Page -5-
RESOLUTION NO. 514 - ESTABLISHING FEES TO BE COLLECTED FOR REQUESTS
FOR CUPS, PUDS, REZONINGS, VARIANCES, SITE REVIEWS AND COMPREHENSIVE
PLAN AMENDMENTS
It was explained that this Resolution repeals Resolution #502 and
establishes fees to be collected for CUPs, PUDs, Rezonings, Variances,
Site Plan Reviews, and Comprehensive Plan Amendments.
City Attorney Baird questioned the $50.00 fee for Comprehensive Plan
Amendment requests, stating that he felt it could be too low if
major revisions were requested. It was decided that, if warranted,
the fee could be raised at a later date.
85-200 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION NO. 514. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF,
HENRY, COLE AND. TURVILLE~ AYE AND MAYOR POOL, AYE. THE RESOLUTION
WAS READ BY TITLE ONLY.
PUBLIC COMMENTS
Mr. Smart asked the Council if a peddler needed a license to go
door to door selling merchandise. Mr. Smart was informed that all
peddlers must obtain a permit from the Police Department before selling
door to door.
Buddy Rogers stated that he felt it was unfair to charge anyone a
fee for an amendment to the comprehensive plan, particularly those
people whose property is being rezoned by the City.
Reverend Richard Bonnette asked if he needed any special permits
to install a sign at the Church of the Nazarene. Mr. Bonnette
was directed to go to City Hall and make his request to Planning
and Zoning TeChnician, Marilyn George.
There being no further business, the meeting adjourned at 9:50 p.m.
.~A~C~-
Attest:
~gl::l'ty Clerk
(
~" M~.RANDUM OF VOTIN.eCONFLICT
I FORM 4
I LAST NAME-FIRST NAME-MIDDLE NAME
Turvi11e Hal THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMIITEE ON
WHICH I SERVE IS A UNIT OF:
MAILING ADDRESS
150 West Minnehaha Avenue }CJ CITY e COUNTY e OTHER LOCAL AGENCY eSTATE
CITY COUNTY
Clermont Lake NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCURRED
November 12, 1985 City of Clermont
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMIITEE
Clermont Citv Council
. WHO MUST FILE FORM 4
This form is for use by any person serving 'on either an appointed or elected board, council, commission, authority, or committee,
whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local.level differ from the requirements for state officers, this form is divided
into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is
prescribed for all other boards, Le., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed,
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112,3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the,conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publi~ly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting; and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE: Commissioners of a Community Redevelopment Agenc;y crelJ.ted or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on
November 12
,19~:
(a) I abstained from voting on a matter which (check one):
--1L- inured to my special private gain; or
, ,
_ inured to the special gain of
, by'whom I am retained.
CE FORM 4. REV. 10-84
PAGE I
C"-' ,''' .'
. I \
, '- -' .
(b) The measure on which I abstained and ~he nature of my interest in the measure is as follows:
I abstained from ,voting on Jean Edwards' request for a rear.yard variance
because my mother lives within 1501 of the subject property.
1
'0~'O
,
Date Filed
.~/
Signature t!'"
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Aorida Statutes (Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B, below within I S days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on , 19 _:
(a) I voted on a matter which (check one):
_ inured to my special private gain; or
_ inured to the special gain of
, by whom I am retained.
(b) The measure on which I voted and the nature of my interest in the measure is as follows:
Date Filed
Signature
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (I S) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes ofthe meeting, who shall incorporate the memorandum in the meeting minutes. This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES' I 12.317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,
DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SMOO.
CE FORM 4. REV, '0-84
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