06-14-1988 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
June 14, 1988
The Regular Meeting of the City Council of the City of Clermont was
held Tuesday, June 14, 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, Finance Director Van Zile
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 Regular Meeting held May 24, 1988 were approved
as presented.
REPORTS
CITY MANAGER" SAUNDERS' REPORT
JAYCEE BEACH PAVILION
It was reported that although the City does not reserve the pavilion
at Jaycee Beach for use by organizations, a group of ladies from a
local church had requested to use the pavilion for a church picnic
on June 18, 1988. Music will be played during the picnic. The
Council was asked if they had any problems with this request, and
it was the consensus of Council that there would be no problem.
SEMINOLE PARK SLIDE
It was reported that the City wished to purchase a slide for the
Seminole Street Park with the money left after purchasing a merry-
go-round for the Chestnut Street Park. $2,000 had been budgeted
for such purchases.
88-081 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED TO PURCHASE THE SLIDE FOR THE
SEMINOLE PARK.
SALE OF CITY OWNED PROPERTY
It was reported that the City had been approached by Lawson Wolfe
concerning the purchase of the excess property surrounding the High-
land Avenue water tower to provide additional parking for his pro-
posed project next to the Clock Restaurant. The City owns one-half
acre where the water tower stands, and it has been determined that
a parcel approximately 40' x 40' is all that needs to be retained
by the City. Sale of the remaining property would allow the City
to purchase another parcel somewhere else in the City for future
use.
Council permission to have the property appraised was requested.
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88-082 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL
MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED
TO PROCEED WITH OBTAINING AN APPRAISAL OF THE PROPERTY.
City Manager Saunders stated that after the appraisal is obtained,
the matter would be brought back before Council for further action.
PITT STREET
It was reported that an area in Pitt Street had been sinking for
more than fifteen years due to what was determined to be poor
compaction of the soil during the installation of the sewer line.
Over the years, the City has added numerous layers of asphalt to
correct the problem, but this method of repair has not resolved
the problem.
For several weeks Public Works Director Smythe has tried to find
a contractor willing to do the work on a time and material basis,
and Superior Asphalt has offered the best price of $3,750, plus
$3.90 per yard for dirt, if needed.
88-083 After a brief discussion of the work to be done and the cost,
A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT THE BASE PRICE
FOR THE WORK FROM SUPERIOR ASPHALT IN THE AMOUNT OF $3,750 PLUS
$3.95 PER YARD FOR DIRT, IF NEEDED.
NRG MEETINGS
City Manager Saunders stated that for several weeks he had been
attending meetings concerning the proposed NRG recovery plant to
be built in Lake County, and that the Lake County Board of Commis-
sioners had signed an agreement with Mr. Gregg to build the plant.
However, according to the Board of Commissioners, this decision is
not final because the Board must still accept the bond rate and
evaluate a required feasibility study before continuing.
Mr. Saunders continued by explaining that it was the consensus of
all the cities in Lake County not to support this project because
the legal, financial and technical consultants to the Board of
County Commissioners, as well as, the County Administrator and
County Attorney all had advised against it. Although the cities
have been unable to obtain concrete facts for comparison, all
indications are that any project of this kind which has been tried
in other parts of the country has experienced problems.
Mr. Saunders concluded by statin~ that a model Resolution opposing
the project was being drafted by the Lake County League of Cities
and would be placed on the agenda of the June 28, 1988 Council
Meeting for consideration.
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Along those lines, Mrs. Dupee reported that during her recent trip
to Hartford, Connecticut, she was given information about a plant
which experienced major problems and a mass burning plant in
Bristol, Connecticut which worked. Mrs. Dupee stated that she
brought the information back to City Manager Saunders concerning
the Bristol facility.
City Attorney Baird stated that the City needed concrete facts and
information in order to make comparisons in order to determine which
method would be the most cost effective and efficient. Also, in light
of recent legislation requiring that cities recycle 30% of their gar-
bage, enough garbage may not be produced in Lake County to operate the
plant if it requires 168,000 tons per year to operate.
SPECIAL COUNCIL MEETING
City Manager Saunders stated that he would like to hold a Special
Council Meeting followed by a Workshop Meeting on Monday, June 20th.
The purpose of the Special Meeting would be to to discuss the refinanc-
ing of the City's Water and Sewer Bonds through the Gulf Breeze Loan
Pool. It was reported that lower discount rates than projected earlier
were now being offered and could save the City even more money. The
Resolution authorizing the execution of the refunding loan agreement
must be signed during the meeting.
The Workshop following the meeting will include representatives from
the South Lake YMCA and the South Lake Council for the Arts.
After a brief discussion, it was the consensus of Council to hold the
Special Meeting at 6:00 p.m. on Monday, June 20, 1988 followed by a
Workshop Meeting at 7:00 p.m. The meetings will be held in the Council
Chambers.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee stated that she had a super time at Clermont
Night at Boardwalk and Baseball the previous night, and thanked
all who participated.
Mrs. Dupee stated that she had attended the Board of Directors
Meeting for the Lake County League of Cities and that they were
asking the cities to adopt a resolution asking for a moritorium
on development along the Wekiva River until such time as the Wekiva
River Task Force Study could be evaluated. Mrs. Dupee asked that
this resolution be placed on the agenda of the next Council Meeting
for discussion.
It was reported that the budget for the East Central Florida Regional
Planning Council had been cut by the State from 3+ million to 1.5+
million dollars.
MAYOR PRO TEM TURVILLE'S REPORT
Mayor Pro Tem Turville reported that he had attended the hearing
concerning the recent spill by Florida Rock Industries Clermont
mine, and that the matter was pulled from the agenda in order
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to change the consent order, which was viewed as a positive
action by those present.
Representatives from Florida Rock Industries, the St. Johns River
Water Management District, Lake County Pollution Control, the DER
and the City of Tavares were in attendance.
CARROL FENDER - RETIREMENT
Mayor Pool and Public Works Director, Bob Smythe, presented Mr.
Carrol Fender with an engraved watch for nineteen years of employ-
ment with the City. The Council Members and others present wished
Mr. Fender well in his retirement.
PARKS AND RECREATION COMMISSION
Nilsa Whitehead, Chairperson of the Parks and Recreation Commission,
asked everyone to go look at Azalea Park since the second planting
of azaleas was now completed. Mrs. Whitehead stated that more
irrigation was needed due to the increased number of plants, and
that Mr. Carlisle would be donating more azaleas for the park in
the near future.
MAYOR POOL'S REPORT
Mayor Pool stated that he would like the "No Smoking" sign at the
front of the Council Chambers removed and replaced by the city seal.
City Manager Saunders stated that he would investigate having one
made.
VISITORS WITH BUSINESS
FRED SOMMER
Mr. Sommer was not present and an update on the upcoming triathlons
for our area was not given.
RESOLUTION #584 - FIRST BAPTIST CHURCH CONDITIONAL USE PERMIT REQUEST
Roy Caldwell, representing the First Baptist Church, appeared before
Council to request a Conditional Use Permit to establish a shelter
home at the old Gables House located at the southeast corner of Fifth
Street and Minneola Avenue.
Mr. Caldwell reported that the home would be run by the Church under
the direction of HRS and would house between five and ten children
under the age of 18 who come from abused or neglected situations.
To begin with, five children will be housed in the building and if
things work out, the number will be increased to ten.
Mayor Pool called for comments from those present and no one spoke
if favor of or in opposition to the request.
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It was reported that the Planning and Zoning Commission at their
meeting held June 6, 1988, recommended approval of the request
with the conditions as stated in Resolution #584.
Under Council discuss of the request, Council Member Turville
asked if only children would be housed at the shelter.
Mr. Caldwell stated that they had thought about taking in abused
spouses, but for the present only the first floor of the building
will be utilized and that will be occupied by children and the
shelter parents.
City Attorney Baird stated that a change needed to be made in
the wording of the title to include "InAsMuch, Inc." after the
word allow, and to include "InAsMuch, Inc. to" after the word
allow in Section One of the Resolution.
88-084 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
BY ROLL CALL VOTE TO ADOPT RESOLUTION #584 AS AMENDED GRANTING A
CONDITIONAL USE PERMIT TO INASMUCH, INC. TO OPERATE A SHELTER
HOME IN AN R-3 RESIDENTIAL/PROFESSIONAL DISTRICT. THE RESOLUTION
WAS READ BY TITLE ONLY BY MAYOR POOL.
RESOLUTION #583 - ROSE FORMATO CONDITIONAL USE PERMIT REQUEST
Rick McCoy, representing Mrs. Rose Formato, appeared before Council
to request a Conditional Use Permit to construct a triplex in an R-2
area on a parcel located at the northeast corner of Minnehaha Avenue
and Bowman Street.
It was pointed out that under the present Zoning Ordinance multi-family
construction is allowed only as a conditional use in R-2 areas. Under
the previous Zoning Ordinance five units would have been allowed on the
property, but because the property is now zoned R-2, it has a lower
density. However, property surrounding the parcel in question has been
developed with one single family home, two duplexes, and a sixplex.
Mayor Pool stated that the City had received three letters from concerned
citizens who live in the area and are opposed to the request. They are
Mr. Robert Epps who lives at 381 Minnehaha Avenue, Marjorie Morris of
301 East Minnehaha and George Burdine who lives at 1460 Bowman Street.
Mayor Pool called for comments from those present, and no one spoke for
or against the proposed request.
Under Council dicussion of the request, it was determined that a triplex
would not be out of character with the neighborhood.
Mayor Pro Tem Turville stated that he would like to make a comment
concerning the definition of a Conditional Use Permit, which in part
states "granting a special exemption", and that it appeared to him
that the language of the definition should be changed because, as in
this case, the Council is not granting a special exemption for the
area.
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City Attorney Baird concurred with Mr. Turville and stated that he
would look at the language in the ordinance to see if it should be
changed.
88-085 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO
ADOPT RESOLUTION #583 GRANTING A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION OF A TRIPLEX AT THE NORTHEAST CORNER OF MINNEHAHA
AVENUE AND BOWMAN STREET. THE RESOLUTION WAS READ BY TITLE ONLY
BY MAYOR POOL.
ROBERT N. ROBERTS - VARIANCE REQUEST
City Manager Saunders reported that Mr. Roberts had withdrawn his
request for the variance.
NEW BUSINESS
INTRODUCTION OF ORDINANCE 192-M
It was explained that this ordinance would annex property described
as Tracts 55-A and 55-B, Lake Highlands Company Subdivision. The
property is located east of Highway 27, south of and adjacent to
the current city limits.
88-086 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL
MEMBER COLE TO INTRODUCE ORDINANCE 192-M. THE ORDINANCE WAS READ
BY TITLE ONLY BY MAYOR POOL.
BID AWARDS
SEWAGE TREATMENT PLANT DOOR REPLACEMENTS
It was explained by City Manager Saunders that the City had budgeted
$1,950 for the replacement of two double doors and one single door
on the old part of the sewage treatment plant. The following bids
were received:
Romac Lumber and Supply
Contract Doors, Inc.
$2,442
$1,900
It was recommended that the City award the bid to the low bidder,
Contract Doors, Inc., in the amount of $1,900.
88-087 After a brief discussion of the type of doors to be replaced, A MOTION
WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND
UNANIMOUSLY CARRIED TO AWARD THE BID TO CONTRACT DOORS, INC., IN THE
AMOUNT OF $1,900 FOR THE REPLACEMENT OF TWO DOUBLE DOORS AND FRAMES
AND ONE SINGLE DOOR AND FRAME. PAYMENT WILL COME FROM MONEY ALREADY
BUDGETED FOR THIS PROJECT.
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JAYCEE BEACH SEAWALL
It was reported that the project had originally been bid approximately
two months ago and only one bid in the amount of $12,135 was received
from Greg Thomas Building Contractor. Because of this the project was
rebid and the following two bids were received:
Greg Thomas Building Contractor
GIT Marine
$12,135
$24,900
Mr. Saunders further explained that the present specifications, which
were bid, require a corrugated metal sheeting wall with a poured con-
crete cap. This type of seawall will last longer than a wooden
structure.
$6,500 was budgeted for this project based upon an estimate given
almost two years ago for a wooden seawall.
Public Works Director Smythe, who was present in the audience,
commented that about two years ago, westerly winds coming across
Lake Minneola and high water had caused severe erosion problems
by the pavilion. Inspite of the problem, it has taken the City
City almost two years to get the required State Permits for the
project. In the interim, the City placed rocks and a power pole
along the shoreline to curtail the erosion, and this has helped,
but the lake level is low again. If the water level rises and
the State experiences torrential rains, the erosion will reoccur.
It was recommended that the City award the bid to the low bidder,
Greg Thomas Building Contractor, in the amount of $12,135 with the
additional $5,635 being appropriated from General Fund Reserves.
88-088 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, AND SECONDED BY COUNCIL
MEMBER DUPEE TO AWARD THE BID TO THE LOW BIDDER, GREG THOMAS BUILD-
ING CONTRACTOR, IN THE AMOUNT OF $12,135.
Much discussion followed this motion concerning stopping the erosion
by restoring the beach area to it original state. It was suggested
that fill be placed in the eroded area, that the maiden cane be re-
planted, and that signs banning boats in the area of the replanted
cane be placed in the water.
Mr. Smythe stated that putting fill in the water would not be
permitted by the DER and that he doubted if the placement of the
signs in the water would be allowed either.
It was also suggested that the seawall be built out of something
other than corregated metal with a concrete cap or that some material
such as Tri-10c be used in place of the seawall.
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It was also discussed if the present metal pavilion was worth saving
due to the severe rusting problem, and what it would cost to construct
a wooden pavilion after the erosion problem was solved.
After devoting considerable discussion to the entire Jaycee Beach
area, it was determined that other possibilities for the prevention
of erosion or restoration to the original state should be considered.
At this time, Council Member Dupee withdrew her second and Council
Member Huff withdrew his motion for awarding the bid.
88-089 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER INDEFINITELY.
PUBLIC COMMENTS
Nilsa Whitehead asked if it was possible to have a sidewalk installed
on a vacant field by Woodcliff Apartments on Highland Avenue because
so many elderly people who live in the complex have to walk either in
the street or through the field to get to the nearby shopping center.
Some discussion occurred concerning whether the City could ask a
landowner to install a sidewalk on an undeveloped piece of property.
City Attorney Baird offered the opinion that he believed it would be
unfair to the property owner to make such a request, but that he
would research the legality of making such a request where it was
really needed.
Mrs. Whitehead also asked if "No Parking" signs could be placed on
the east side of the boat ramp because vehicles parking there were
causing a traffic problem. City Manager Saunders stated he would
investigate this matter.
There being no further business
at 9:05 p.m.
or discussion, the meeting adjourned
~t2~
Ro ert A. Yoo , Mayor
Attest: