07-12-1988 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
July 12, 1988
The Regular Meeting of the City Council of the City of Clermont was
held Tuesday, July 12, 1988 in the Council Chambers. The meeting was
called to order by Mayor Pool at 7:30 p.m. with the following Council
Members in attendance: Mayor Pro Tem Turville, Council Member Huff,
and Council Member Cole. Council Member Dupee was absent. 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 given by City Manager Saunders followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Regular Meeting held June 28, 1988 were approved
as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
DOT TURNPIKE EXIT MEETING
It was reported that the City Manager and Planning Director would be
attending a meeting with officials from the Department of Transportation
and other local cities concerning the proposed construction of the Turn-
pike interchange at Killarney, which is scheduled for completion by 1991.
The meeting will be held on Wednesday, July 13, 1988 from 3:00 to 5:00 p.m.
in the Winter Garden Municipal Building.
BUDGET WORKSHOPS
City Manager Saunders stated that he would like to begin Budget
Workshops and suggested some dates and times for the meetings. After
some discussion, it was the consensus of Council to hold a Workshop
Meeting on Wednesday, July 20, 1988 at 7:30 p.m. in the City Hall
Conference Room and one at 5:30 p.m. on Tuesday, July 26, 1988, in
the Council Chambers. The second workshop will be held just prior
to the regularly scheduled Council Meeting.
HILLSIDE VILLAS
It was reported that work was continuing on the Hillside Villas
project, and that the sixty days time extension granted to complete
the work would be up prior to the next Council Meeting. Mr. Saunders
asked the Council if they wished to have this item agendaed for the
next meeting.
It was discussed that more work had been completed in the last sixty
days than in the previous four years, and it was the consensus of
Council to allow them to continue to work.
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LAKE COUNTY LEAGUE OF CITIES QUARTERLY MEETING
The Council was reminded that the next quarterly meeting of the Lake
County League of Cities would be held Wednesday, July 27, 1988 at the
Citrus Tower. The cities of Clermont and Minneola will be co-hosting
the dinner, and reservations should be made with Julie by July 22, 1988.
COUNCIL MEMBER COLE'S REPORT
EXCELETECH OPEN HOUSE
It was reported that Williams Steel had changed its name to Exceletech
and would be hosting an open house on Sunday, July 17, 1988 from 1:00
to 4:00 p.m. to tour the facilities. All Council Members and Department
Heads were invited.
MAYOR PRO TEM TURVILLE'S REPORT
UPDATE ON FLORIDA ROCK INDUSTRIES SPILL
Mayor Pro Tem Turville reported that nothing was final concerning the
Florida Rock Industries case, but that the various regulatory agencies
were interested in some type of mitigation. .
VISITORS WITH BUSINESS
FRED SOMMER - TRIATHLON UPDATE
Mr. Sommer appeared before Council to present a list of triathlons
scheduled for the fall of 1988. Mr. Sommer stated that the following
triathlons had been scheduled and asked Council permission to use the
Jaycee Beach area as the beginning point for the events:
October 1 - 2
October 29
November 26
Great Clermont Triathlon
Florida Challenge
Florida Triathlon Series Championship
88-100After a brief discussion of the request it was determined that there
had been no problems with these events being held in the past, and
A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
TURVILLE AND UNANIMOUSLY CARRIED TO APPROVE THE DATES LISTED ABOVE
FOR THE VARIOUS TRIATHLON EVENTS.
DAL-DON PRODUCE - RESOLUTION #587 CONDITIONAL USE PERMIT FOR EXPANSION
AT 1959 SOUTH HIGHWAY 27
City Manager Saunders explained that this was a request for a Conditional
use Permit to expand the existing facility at 1959 South Highway 27 to
include a refrigerated warehouse, an office and approximately 29,000 square
feet of additional paved parking and loading space.
Mr. Saunders continued by stating that the Planning and Zoning Commission
at their meeting held July 5, 1988 had recommended approval of this request
with the conditions as stated in Resolution #587.
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Mayor Pool called for comments from those present in the audience
concerning the request. No one spoke in favor of or in opposition
to the request.
Mr. Rick McCoy, an Engineer representing Dal-Don Produce, appeared
before Council to explain the request and ask for clarification on
some points.
Mr. McCoy stated that of major concern was the inclusion in the
CUP of Items 9 and 10 in the CUP concerning the acceleration and
deceleration lanes. Mr. McCoy asked that these conditions not be
placed in the CUP because they wished to put the building up for
the fall watermelon season and Item #9 which states that the con-
struction of the northbound deceleration lane shall be completed
before any certificate of occupancy could be issued would prohibit
the use of the building because the decel lane may take six or more
months to construct, depending on the DOT permitting process. Mr.
McCoy further stated that his client would complete the required
lanes within eighteen months, but he did not want it stipulated as
a condition to be met before a certificate of occupancy could be
issued.
Some discussion of this request ensued. City Attorney Baird stated
that language could be used which states that he will satisfy DOT
requirements for excel and decel lanes. City Manager Saunders
suggested that the language be changed to include that construction
of the exceleration and deceleration lanes would be completed within
eighteen months, subject to Florida Department of Transportation
requirements. It was also discussed that if the FDOT did not require
the lanes at this time, the owner would agree to construct them at
some future date as required by the City. With this change in wording,
Conditions 9 and 10 would be deleted from the CUP and a new condition
written incorporating the language suggested by City Manager Saunders.
Mr. McCoy then asked for clarification of Condition #16 requiring a
performance bond, cash bond or letter of credit for future construction
of the excel and decel lanes be required befor a Zoning Clearance would
be issued. In light of the changes decided upon concerning the lanes,
it was the consensus of Council to remove Condition #16.
Condition #12 concerning bringing the existing signs into conformance
with the City's Sign Ordinance was also discussed. Mr. McCoy stated
that his client wished to keep his billboard and roof sign, both of
which are non-conforming.
Much discussion of the Sign Ordinance requirements followed. City
Attorney Baird stated that he believed that consideration should be
given to signs located on Highway 27 and should be dealt with
differently than those in the rest of the town. City Manager Saunders
explained that under the existing Sign Ordinance, one ground sign
would be allowed, and that the billboard, which is considered an off-
site sign, could remain if moved to the vacant property to the south
owned by Dal-Don Produce. The roof sign would not be permitted.
After some discussion of the existing signs, it was the consensus of
Council that Condition #12 remain in the CUP. However, because all
conditions of the CUP must be met before a CO could be issued, it
was also the consensus of Council that the applicant would have to
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apply for a variance to the existing sign ordinance in order to
comply with the requirement.
Lastly, in looking at the site plan, Mr. McCoy stated that the
placement of the 10' x 70' refrigeration (utility) pad will be
within 5' of the property line in order to save a 28" tree south
of the proposed building (the setback requirement is 12' from
the property line). It was discussed that in a residential zone,
a utility pad may be placed in the setback, but this was not
addressed in the zoning ordinance for a commercial zone.
After some further discussion, it was the consensus of Council to
allow the refrigeration units to stand as designed in order to save
the tree, but if for some other reason the tree could not be saved,
then the 12' setback requirement would be met.
88-101 After some further discussion of the landscaping requirments for
the property, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY
C.OUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO
ADOPT RESOLUTION #587 AS AMENDED TO INCLUDE THE ELIMINATION OF
CONDITIONS #9, 10 & 16, AND THE ADDITION OF A CONDITION WHICH STATES
CONSTRUCTION OF EXCELERATION AND DECELERATION LANES SHALL BE COMPLETED
WITHIN EIGHTEEN MONTHS, SUBJECT TO FDOT REQUIREMENTS AND SHOULD THE
FDOT NOT REQUIRE THE LANES AT THIS TIME, THE CITY MAY REQUIRE THEM
TO BE INSTALLED AT A FUTURE DATE, SUBJECT TO FDOT REQUIREMENTS.
WORDING SHALL ALSO BE INCLUDED TO ALLOW THE REFIRGERATION UNITS TO
REMAIN WITHIN FIVE FEET OF THE PROPERTY LINE IN ORDER TO SAVE AN
EXISTING 28" TREE. HOWEVER IF THE TREE MUST BE REMOVED FOR CON-
STRUCTION THE REQUIRED SETBAcK OF 12' WILL BE MET. THE RESOLUTION
WAS READ BY TITLE ONLY BY MAYOR POOL.
JOKA PROPERTIES, INC. - RESOLUTION #588, CONDITIONAL USE PERMIT REQUEST
FOR CONSTRUCTION OF A PROFESSIONAL OFFICE IN AN R-3 RESIDENTIAL DISTRICT
It was explained that Mr. Tom Dougherty was requesting a Conditional
Use Permit for the construction of a professional office building in
the R-3 Residential District located at 501 Almond Street. One year
ago the CUP was granted by Council but Mr. Dougherty failed to meet
the condition which requires that construction begin within one year
of the granting of the CUP.
At their meeting held July 5, 1988, the Planning and Zoning Commission
recommended approval of the request with the same conditions required
as in the original Conditional Use Permit.
Mr. Dougherty stated that he was present to answer any questions the
Council might have and make some comments regarding the sidewalk
requirements.
Mr. Dougherty continued by stating that the City Staff wished to add
sidewalk on Almond Street before Phase II would be completed. Mr.
Dougherty stated that the City had talked about redesigning Almond
Street and asked if the City could work on Almond Street at the same
time he would be required to put in the sidewalk because the City
could, for example, change the elevation of the street and this would
cause a problem. Mr. Dougherty also stated that he wanted to delay
installation of the sidewalk on Disston Avenue where the trucks would
come in for the construction of Phase II.
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City Manager Saunders stated that he agreed with Mr. Dougherty's
concern for the construction of the Almond Street sidewalk. The
sidewalks will be taken into consideration when the final site
plans are submitted for Staff review.
Mayor Pool called for comments from those present and no one spoke
for or against the request.
88-102 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION #588 GRANTING A CONDITIONAL USE PERMIT TO JOKA PROPERTIES,
INC. TO CONSTRUCT PROFESSIONAL OFFICES IN AN R-3 ZONE LOCATED AT 501
ALMOND STREET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL.
MICHAEL AND JANE BOYACK - REAR YARD VARIANCE REQUEST
City Manager Saunders explained that the applicants were requesting
a variance to the rear yard setback requirement of 25 feet in order
to construct a screened porch with a setback of 19 feet. A variance
was granted for a 15 foot setback on the lot in October of 1978, but
construction was never completed and the variance expired.
Mr. Boyack, who was present, stated that he had been told at the
time he purchased the property that a variance had been granted for
the porch. He further stated that he wanted the additional area so
his children would have a place to play. He further explained that
his home was on a corner lot on a cul-de-sac which abuts Grand Highway,
and requires three 25' yard setbacks and causes a hardship in this
particular case. Mr. Boyack also stated that he had spoken to his
neighbors, and neither of them were opposed to the request.
Mr. Saunders then stated that while the shape of the lot did create
a problem with construction of the home, it did meet the minimum re-
quirements for the zone in which it is located. He also pointed out
that several other variance requests in the area have been denied.
Mayor Pool then called for comments from those present and no one
spoke in favor of or against the request.
88~103 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DENY THE
REAR YARD SETBACK VARIANCE REQUEST.
NEW BUSINESS
RECREATION SITE
City Manager Saunders explained that the City had received the "Notice
of Waiver of Retroactivity" from the Department of Natural Resources
which gives authorization to proceed with the purchase of the proposed
site prior to the actual receipt of the grant funds.
Mr. Saunders further stated that he would like to proceed with the
purchase of the property because the City's option on the property
expires on July 15, 1988. Also, the City is waiting to hear from
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Mr. Oswalt or his attorney in order to know if he is willing to
accept payment of one-half of the purchase price, or $150,000 down
at this point in time, with the remaining $150,000 balance to be
paid in January of 1989.
Mr. Saunders then recommended that the property be purchased from
funds in the following manner:
Recreation Reserve Fund
Local Government Infrastructure Tax
Reappropriate Debt Service - Land
General Fund Reserves
TOTAL
$ 54,147
74,405
16,825
4,623
$ 150,000
In conclusion, it was stated that if Mr. Oswalt required full payment
for the property, the money could be taken from General Fund Reserves
with a grant receivable from the Department of Natural Resources and
reserves would be replenished when the grant funds are received.
88-104 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO PROCEED WITH
THE PURCHASE OF THE PROPERTY WITH PAYMENT COMING FROM A BUDGET AMENDMENT
AS OUTLINED ABOVE. IF FULL PAYMENT IS REQUIRED THE MONEY CAN BE TAKEN
FROM GENERAL FUND RESERVES WITH A GRANT RECEIVABLE FROM THE DEPARTMENT
OF NATURAL RESOURCES.
INTRODUCTION OF ORDINANCES 193-M AND 194-M
It was explained that Ordinance 194 would close Hunt Street in the
proposed Highlander Subdivision and Ordinance 194-M would close
Disston Avenue within the proposed subdivision. However, City
Manager Saunders stated that Ordinance 194-M would have to be
amended to include closing Disston Avenue from south of the Langley
property to the Pitt Street right-of-way on the Blackburn property.
Different streets will be platted for the subdivision, and the new plat
will come before Council for approval at a later date.
Some discussion ensued concerning what would happen if the streets
were closed and the new subdivision never materialized. City Attorney
Baird stated that he was putting the streets into an escrow deed
arrangement whereby the City would be able to pull the property out
if it is not developed.
88-105 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL
MEMBER COLE TO INTRODUCE ORDINANCE 193-M, AS AMENDED AND ORDINANCE
194-M. THE ORDINANCES WERE READ BY TITLE ONLY BY MAYOR POOL.
There being no further business
at 8:50 p.m.
or discussion, the meeting adjourned
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Attest:
City Clerk