11-09-1988 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
November 9, 1988
A Regular Meeting of the City Council of the City of Clermont was
held Wednesday, November 9, 1988 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 Huff.
Other City Officials present were City Manager Saunders, City
Attorney Baird, 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 Meeting held October 19, 1988 and the
Regular Meeting held October 25, 1988 were approved as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
LAKE COUNTY POLLUTION CONTROL
It was reported that the next Regular Meeting of the Lake County
Pollution Control Board would be held Monday, November 14, 1988,
at 7:30 p.m. on the fifth floor of the courthouse.
LIFT STATION FOR CHERRY KNOLL SUBDIVISION
It was explained that a Lift Station would be required in Area 30
for the Cherry Knoll Subdivision and a City Ordinance allows the
City to require a lift station to be sized larger than the one
required to service an individual development with the City paying
the cost of the additional capacity. City Manager Saunders then
asked for Council authorization to put the Lift Station out for
bids.
88-152 After a brief discussion, A MOTION WAS MADE BY MAYOR PRO TEM TURVILLE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO PUT THE
CONSTRUCTION OF THE LIFT STATION IN AREA 30 OUT FOR BIDS.
CHRISTMAS BOAT PARADE
It was reported that the Kiwanis Club, in conjunction with the South
Lake Council for the Arts, I would be sponsoring a boat parade and
Christmas Concert on Saturday, December 10, 1988, and they would
like Council permission to place a professionally painted 4 x 8'
sign at Jaycee Beach advertising the event.
It was the consensus of Council to allow this request.
COUNCIL MEMBER DUPEE'S REPORT
Mrs. Dupee reported that she had been appointed Chairperson of the
Nominating Committee for the East Central Florida Regional Planning
Council. The Council congratulated Mrs. Dupee on her appointment.
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COUNCIL MEMBER COLE'S REPORT
Council Member Cole stated that as such he did not have a report,
but that he would like to present an award to Council Member Dupee
from the Lake County Community Action Agency for her continuing
support of the organization.
MAYOR PRO TEM TURVILLE'S REPORT
Mayor Pro Tem Turville reported that he had attended the recent
Lake County Board of Commissioners meeting and that they had, by
a 3 to 2 vote, decided to build the controversial burn plant.
Turville expressed his consternation with this vote stating that
the majority of cities within the County opposed the project,
and as before, the cities got no say in the decision process and
in spite of their negative input on this highly controversial pro-
ject, the County went ahead and voted in favor of it.
Mr. Turville continued by stating that he now believed that it
was time for the City of Clermont to decide what will best benefit
the citizens of Clermont, and that the City should now proceed with
its own recycling program. Tipping fees to the County will be based
on tonnage transported, and the less garbage taken to the County, the
lower the fees that will be paid by the City.
VISITORS WITH BUSINESS
STEARNS VARIANCE REQUEST
City Manager Saunders stated that this request had been withdrawn
because it was determined that no variance would be required in
order to build the addition.
JOYCE AMANN - REQUEST FOR A VARIANCE TO THE SIGN ORDINANCE
City Manager Saunders explained that Mrs. Amann was requesting a
variance to the Sign Ordinance to allow a ground sign with a setback
of 6' where 12-1/2' is required for property located at 912 West
Avenue. The building is a combination beauty shop and residential
unit located in an R-3 zone, but the beauty shop was "grand fathered
in" at the location formerly occupied by the House of Beauty. The
previous owner remove~ the old sign, which does not have the "grand
father" status of the building. Mrs. Amann proposes to erect a new
eight square foot ground sign where the old sign was located.
Mayor Pool called for comments from those present, and no one spoke
in favor of or in opposition to the request. Neither Mrs. Amann or
a representative were present to explain the request.
Under Council discussion, it was determined that the sign would be
located in a residential area, and .ould not need the visability
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required had the beauty shop been located in a commercial zone
with other competing signs. After carefully reviewing the request,
it was determined by Council that the sign would be very visable
at the required setback of 12.5'.
88-153 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
COLE AND UNANIMOUSLY CARRIED TO DENY THE REQUEST FOR A VARIANCE TO
THE SIGN ORDINANCE.
RESOLUTION #606 - JULIAN DONAHUE, REQUEST FOR A CONDITIONAL USE PERMIT
Mr. Donahue was present and explained that he was requesting a Condi-
tional Use Permit to contruct mini-warehouses north of Emerald Lakes
Drive and west of the shopping plaza. Mr. Donahue then turned the
floor over to his engineer, John Dillard of Hall, Farner and Associates,
to answer any questions the Council might have concerning the proposed
project.
In reviewing the site plan, it was pointed out that the majority of
the project would be built within the 100 year floodplain, and that
the property in question is wet several months out of the year. A
great deal of water flows onto the property from the north. The City's
Floodplain Ordinance does not prohibit development within a floodplain,
but does propose the control and regulation of any construction of flood
barriers which would unnaturally divert flood waters or increase flood
hazards on other lands. About five months ago, a small pond on the
northwest side of the property was filled-in by Mr. Donahue without
any permits. Various state agencies were notified, resulting in the
St. Johns River Water Management District requiring turbidity screens
to be installed downstream of the pond in order to prevent turbid water
from entering Lake Palatlakahaw. The Water Management District has
indicated that they would permit the project due to its small size.
City Manager Saunders further stated that in the past, it has been
the policy to require floodplain mitigation in the case of any fill
activity in the floodplain. Mitigation of this type is required on
a one to one basis and is included as a condition in Resolution 606,
should the City grant the Conditional Use Permit. This condition
would reqire that for every cubic yard of fill placed in the flood-
plain, a cubic yard of fill would have to be removed from another area
in order to create an equal amount of new floodplain. Because of the
nature of the site, it appears that this would be a difficult process
and would have to be carefully monitored.
City Manager Saunders pointed out that some changes would have to be
made on the site plan regarding the water retention and one to one
mitigation.
Mr. Donahue stated that he would do anything that was required by
the City with regard to these areas.
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Mr. Dillard then explained the site plan and stated that nothing would
be built below the 100 year flood elevation of 100'. The highest
elevation on the site would be 101.7' and the lowest floor of all
buildings would meet the 18" above the floodplain requirement.
Some confusion arose concerning the use of the word "wetlands" in
the City Manager's memo concerning the proposed project, and Mr.
Saunders stated that the word was used in error and the correct
terminology should have been "floodplain" when discussing this
project.
Much discussion ensued concerning the problems of allowing con-
struction in the floodplain. It was pointed out that the Planning
and Zoning Commission at their meeting held Tuesday, November 1, 1988,
recommended denial of the project based on the project's conflict
with the City's Comprehensive Plan goals, objectives and policies
under the Land Use Element which discourages commercial activity from
locating in wetlands or other environmentally sensitive areas and
encourages the preservation of open space, especially in flood prone
or other environmentally hazardous areas.
Council Member Turville expressed his concern for this project and
reiterated the Planning and Zoning Commission's position concerning
the proposed project.
City Manager Saunders explained that this portion of the Comprehensive
Plan referred to wetlands and that this project would be built in the
floodplain, not in wetlands.
City Manager Saunders also stated that access to the existing building
from a city street would be needed, and was not shown on the site plan.
It was also pointed out that all computations for the on-site water re-
tention and one to one mitigation would have to be approved by the City
Engineer.
Mayor Pool called for comments from those present in the audience
and no one spoke in favor of or in opposition to the request.
88-154 After some further discussion of the project, A MOTION WAS MADE
BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED
BY A FOUR TO ONE ROLL CALL VOTE WITH MAYOR PRO TEM TURVILLE VOTING
NAY, TO ADOPT RESOLUTION #606 AS WRITTEN GRANTING A CONDITIONAL USE
PERMIT FOR A MINI-STORAGE FACILITY TO BE LOCATED ON BROOME STREET,
WEST OF EMERALD LAKES PLAZA. THE RESOLUTION WAS READ BY TITLE ONLY
BY MAYOR POOL.
UNFINISHED BUSINESS
FINAL READING OF ORDINANCE 197-M
City Manager Saunders explained that this would be a public hearing
and final reading of Ordinance 197-M which regulates the usage of
the municipal boat ramp located on Lake Minneola. It was pointed
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out that this ordinance would not eliminate fishing tournaments or
exhibitions, but would regulate such activities to prevent conflicts
and allow the City time to prepare for such events. An event with
up to and including twenty-five entrants would obtain a permit at
City Hall and those greater than twenty-five would have to request
Council permission to stage the event.
Mayor Pool called for comments from those present and no one spoke
in favor of or in opposition to the proposed ordinance.
88-155
After a brief discussion, A MOTION WAS MADE BY MAYOR PRO TEM TURVILLE,
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL
VOTE TO ADOPT ORDINANCE 197-M REGULATING THE USAGE OF THE MUNICIPAL.
BOAT RAMP LOCATED ON LAKE MINNEOLA. THE ORDINANCE WAS READ BY TITLE
ONLY BY MAYOR POOL.
NEW BUSINESS
RESOLUTION #607 - ESTABLISHING PERMIT AND DEPOSIT FEES FOR USAGE OF
THE MUNICIPAL BOAT RAMP
It was explained that Resolution #607 establishes the permit and deposit
fees for use of the municipal boat ramp as authorized in Ordinance 197-M.
The proposed fees are a $100 deposit paid prior to an event and a $3 per
vessel launching fee. The deposit would be returned following the event,
but if there was damage to City property or the site required cleanup
directly related to the event, the deposit would be retained to cover such
costs.
Nilsa Whitehead questioned the extra dollar being charged for launching
and it was explained that the extra dollar would be used to cover any
costs related to the event such as police assistance, the Public Works
Department's support or other administrative costs.
88-156 After a brief discussion of the proposed fees, A MOTION WAS MADE BY
COUNCIL MEMBER DUPEE, SECONDED BY MAYOR PRO TEM TURVILLE AND UNANIMOUSLY
CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #607 ESTABLISHING PERMIT
AND DEPOSIT FEES FOR USE OF THE MUNICIPAL BOAT RAMP. THE RESOLUTION
WAS READ BY TITLE ONLY BY MAYOR POOL.
INTRODUCTION OF ORDINANCE 198-M - REZONING REQUEST
City Manager Saunders explained that this ordinance was for introduction
only and the final public hearing would take place on December 13, 1988.
The ordinance would rezone from R-2 to R-3A Block 8, Lots 1-17, Sunnyside
Unit and Block 8, Lots 14-17, Woodlawn. It was also explained that some
clarification by the City Attorney was needed because in some legal de-
scriptions the property was referred to as Block "Q". The City Attorney
is presently looking into this matter.
Although the City received a request from Nellie Hunt to rezone her prop-
erty which is Lot 10 and the South 36' of Lot 11, Block 8, Sunnyside Unit,
located at the northeast corner of the intersection of East and Highland
Avenues, several neighbors believed that Mrs. Hunt's request was including
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November 9, 1988
Page -6-
their property on the block and support the rezoning. The ordinance is
being introduced to reflect the entire parcel.
However, the Planning and Zoning Commission only addressed the request as
submitted for the Hunt property and recommended approval. They will hold
another hearing to address the additional properties at their meeting to
be held on December 6, 1988. It was also explained that in August of 1987
the Council approved a Comprehensive Plan Amendment which included this
area into the ERD-8 Future Land Use Designation which allows professional
offices or residential development. The R-3A restricts the density to eight
units per acre and would allow professional offices as a conditional use.
88-157 There was no discussion and A MOTION WAS MADE BY COUNCIL MEMBER COLE AND
SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 198-M. THE.
ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL.
BID AWARD
City Manager Saunders explained that the current budget reflects money
appropriated for handguns which would be standard issue for all Clermont
Police Officers. Bids were received for fifteen Beretta 9 mm semi-automatic
handguns, holsters and clip pouches from the following three agencie,s:
Lawmen's and Shooters' Supply, Inc.
RSR Wholesale Guns South, Inc.
Standard Law Enforcement Supply Company
$6,432.15
$6,782.10
$1,253.55
It was explained that the bid from Standard Law Enforcement Supply Company
was not for the guns, but only the holsters and clip pouches. It was
recommended that the low bid of $6,432.15 be accepted and that this amount
was less than the amount budgeted for the purchase.
88-158
A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY MAYOR PRO TEM
TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF LAWMEN'S AND
SHOOTERS' SUPPLY, INC. IN THE AMOUNT OF $6,432.15 FOR THE PURCHASE OF
FIFTEEN BERETTA 9 MM HANDGUNS, HOLSTERS AND CLIP POUCHES WITH PAYMENT
COMING FROM MONEY BUDGETED FOR THESE ITEMS.
CHANGE ORDER #1 - EAST AVENUE SEWER EXTENSION
City Manager Saunders explained that this Change Order was for the
addition of $75 for one pallet of sod which was required and a reduction
in the contract price of of $1,100 for liquidated damages due to the
twenty-two day delay past the completion date of the project, resulting
in a net change order with a $1,025 reduction to the contract price. The
new contract price is $4,603.
88-159 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO ACCEPT
CHANGE ORDER #1 FOR THE EAST AVENUE, SEWER PROJECT REFLECTING A NEW
CONTRACT PRICE OF $4,603 AFTER THE CHANGES.
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CHANGE ORDERS # 1 AND #2 - LAKE WINONA BRIDGE PROJECT AND FINAL
ACCEPTANCE OF THE PROJECT
City Manager Saunders explained that Change Order #1 included
the' cost of two (2) gate valves required for the project by
Utility Director Davis and additional seawall required in order
to connect the new construction to the existing seawall. These
changes increased the original contract price by $3,728 reflecting
a new contract price of $163,723. .
Change Order #2 was then explained in detail which reflected a net
increase of $6,612.50 resulting in a new contract price of
$170,335.50.
88-160 After a brief discussion of the Change Orders, A MOTION WAS MADE
BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND
UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDERS #1 AND 2 FOR THE LAKE
WINONA BRIDGE AND CULVERT CROSSING RESULTING IN A NEW CONTRACT
PRICE OF $170,335.50. AND TO GRANT FINAL ACCEPTANCE FOR THE PROJECT.
PUBLIC COMMENTS
Nilsa Whitehead stated that she had received complaints concerning
early morning noise cause by triathletes during the recent Triathlon
held a Jaycee Beach and asked if Mr. Sommer could be informed of the
situation.
Mrs. Whitehead also stated that she had noticed several lots
throughout the City that needed mowing and asked that this matter
be addressed.
There being no further comments or discussion, the meeting adjourned
at 8:35 p.m.
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Attest: