Loading...
11-09-1988 Regular Meeting e e 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. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 9, 1988 Page -2- 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 e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 9, 1988 Page -3- 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. 8 e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 9, 1988 Page -4- 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 e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 9, 1988 Page -5- 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 8 e crTYOFCLERMONT MINUTES REGULAR COUNCIL MEETING 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. 'e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 9, 1988 Page -7- 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. &~~ Attest: