05-10-1988 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
May 10, 1988
The Regular Meeting of the City Council of the City of Clermont
was held Tuesday, May 10, 1988 in the Council Chambers. The
meeting was called to order at 8:00 p.m. by Mayor Pool with the
following Council Members in attendance: Mayor Pro Tem Turville,
Council Member Huff, Council Member Dupee, and Council Member Cole.
Other City O(fi~ials present were City Manager Saunders, City
Attorney Ba~rd;' Finance Director Van Zile, Planning Director
McAllister. and Deputy City Clerk Brandt.
INVOCATION
I
The Invocafi'on 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 April 26, 1988 were approved
as presented~
REPORTS
CITY MANAGER" S. REPORT
SOUTH LAKE MEMORIAL HOSPITAL
It was reported that Ken Peach, Public Relations Director of South
Lake Memorial Hospital, had asked that the Council attend a dinner
with the Board of Directors of the hospital at 6:00 p.m. on Tuesday,
May 24, 1988, just prior to the next Council Meeting. The purpose
of the meeting is to discuss future plans for the hospital.
City Manager Saunders stated that he had spoken with the City
Attorney concerning the "Sunshine Law" with regard to attending
such a meeting and it was determined that there would be no problem.
It was the consensus of Council to attend the dinner.
911 WORKSHOP
City Manager Saunders stated that a decision had to be made by
June 30, 1988 concerning participation in the 911 program, and then
asked the Council if they wished to hold a Workshop to further discuss
the City's position prior to the issue being placed on the agenda.
It was the consensus of Council that no workshop would be needed
because the City was maintaining its position that it was double
taxation to ask the cities to pay the additional money for the
"PSAP" equipment, when those people living in the County would not
have to pay the additional fee.
WORKSHOP
City Manager Saunders stated that he would like to schedule a
a Council Workshop on either May 16th or 17th to discuss other
issues. After a brief discussion of the best time to hold the
meeting, it was the consensus of Council to hold the workshop
at 6:00 p.m. on Tuesday, May 17th.
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FmHA LOAN BUYOUT PROGRAM
It was explained that the City had been approved to participate in
the Gulf Breeze Loan Pool and that the 1984 Bond Issue would be
included because the City Staff feels it can meet the July 11, 1988
treatment plant expansion deadline.
City Manager Saunders then explained the FmHA buyout program to
those present.
COUNCIL MEMBER DUPEE'S REPORT
Mrs. Dupee reported that she had attended the Legislative Action
Day in Tallahassee and had an excellent time.
Mrs. Dupee also reported that the City should be very proud of
Council Member Turville's wife, Karen, who was responsible for
John B. McDonald Day being proclaimed by the State Legislators.
COUNCIL MEMBER HUFF'S REPORT
Mr. Huff reported that he would be tourin~a waste recycling project
Tallahassee next week.
COUNCIL MEMBER COLE'S REPORT
Council Member Cole asked when the holes on Pitt Street at Bloxam
Avenue would be repaired.
Mr. Saunders stated that they would be repaired on a time and
materials basis contract and the work would be completed as soon
as a contractor could be found that would do the job.
NILSA WHITEHEAD'S REPORT
Mrs. Whitehead reminded those present to attend the Clermont Fun
Fest on Saturday, May 14th.
MAYOR POOL'S REPORT
Mayor Pool congratulated the Lady Highlanders who won the Girls
Class 2A State Track Championship.
He also stated that Clermont High School baseball team would be
playing Miami Pace at Boardwalk and Baseball on Friday at 4:30.
MAYOR'S PROCLAMATION
Mayor Pool then read a proclamation proclaiming the week of May 15th
through the 21st as "National Public Works Week" and thanked the
City's Public Works Department for the outstanding job that they do.
RESOLUTION #581 - R.E. ALLISON REQUEST FOR A CONDITIONAL USE PERMIT
Mr. R.E. Allison appeared before Council to requesta Conditional Use
Permit for a boathouse to be constructed at his residence located at
885 Lakeshore Drive.
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City Manager Saunders explained that all boathouses within the city
limits of Clermont require a CUP for construction. Mr. Allison's
property is fronted on the south by Lake Minnehaha and on the east
by the Lake Winona canal, and he proposes to construct a boat slip
and boathouse adjacent to the canal. A permit from the DER for the
boat slip has already been obtained.
Mr. Allison continued by stating that he wished to place the boat-
house with a 20' setback from the Lakeshore Drive ROW, whereas, the
required front yard setback for this area is 35'.
Mr. Saunders then explained that the home adjacent and to the west
of Mr. Allison's home had a front yard setback of 20' and the home
located across the canal and to the east had an existing boathouse
set back approximately I' from the street ROW.
Mayor Pool called for comments from those present. David Peterson
and Robert Mitchell both spoke against granting the Conditional Use
Permit. Mr. Peterson stated that he was opposed to breaking of any
zoning ordinances and Mr. Mitchell stated that he wished to maintain
the integrity of the canal and felt that allowing a boathouse to be
built there would pose a negative esthetic impact.
Cecil Smart stated that he favored the request.
It was pointed out that the Planning and Zoning Commission at their
meeting held May 3, 1988, had recommended denial of the CUP by a vote
of 5 to 2 stating as their main concern the fact that if the garden-
room, which is to be located on the south side of the boathouse, was
eliminated, the boathouse could meet the 35' setback requirement or
if the grapefruit tree that Mr. Allison wishes to keep was removed,
the 35' setback could be met.
Council Member Turville questioned Mr. Allison concerning his seawall
and if the City had an easement to install a drainage pipe in his
front yard. Mr. Allison stated that his house is set back 50' and
25' of his front yard caved in when the drainage pipe was installed.
The City had no easement for the work.
Council Member Huff stated that he could see no problem with the
request because it was within the character of the neighborhood.
88-066 A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL
MEMBER DUPEE TO ADOPT RESOLUTION #581 GRANTING A CONDITIONAL USE PERMIT
TO MR. ALLISON TO CONSTRUCT A BOATHOUSE AT 885 LAKESHORE DRIVE WITH A
20' SETBACK.
Under discussion, Mr. Turville asked Mr. Allison if he was going to keep
his existing boathouse, and if so, what he proposed to do with it.
Mr. Allison stated that he wanted to keep his present boathouse, and
that he was going to remove the boat lift and then make it into a
screenroom.
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Council Member Turville called for the question, AND THE MOTION CARRIED
BY A THREE TO TWO VOTE, WITH MAYOR POOL AND COUNCIL MEMBER TURVILLE
VOTING NAY. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL.
RESOLUTION #582 - RICK WEBER REQUEST FOR A CONDITIONAL USE PERMIT
Mr. Weber appeared before Council to request a Conditional Use Permit
to construct two additional townhomes on Eighth Street, north of
Minneola Avenue. Mr. Weber stated that he wanted to finish his pro-
ject on the site, and that the original approval was given for four
townhomes which have already been built.
A Conditional Use Permit is needed because the two townhomes will
be built partially in the C-2 zone. It was pointed out that the
Planning and Zoning Commission at their meeting held Tuesday,
May 3, 1988, unanimously recommended approval of the project.
Mayor Pool called for comments from those present in the audience,
and no one spoke in favor of or in opposition to the proposed
construction.
"
88-067 After briefly reviewing Mr. Weber's site plan, A MOTION WAS MADE BY
COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY
CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #582 GRANTING A CONDI-
TIONAL USE PERMIT TO CONSTRUCT TWO TOWNHOMES ON PROPERTY LOCATED ON
EIGHTH STREET, NORTH OF MINNEOLA AVENUE. THE RESOLUTION WAS READ BY
TITLE ONLY BY MAYOR POOL.
RESOLUTION #579 - POYNTER - THOMPSON REQUEST FOR A CONDITIONAL USE
PERMIT
Mr. Walt Poynter appeared before Council to request a Conditional Use
Permit for a townhouse development which will be located on Lake
Minneola Drive adjacent to the Minneola city limits. Mr. Poynter
stated that he was present to answer any questions the Council
might have concerning the project. Mr. Poynter stated that the
project, as shown on the conceptual plan presented to Council,
would be developed with fifty-four units, which is below the
allowable density requirement of eight units per acre.
City Manager Saunders explained that the Planning and Zoning Commission
at their meeting held May 3rd had unanimously recommended approval of
the CUP with the conditions as listed in the resolution.
Mayor Pool called for comments from those present in the audience,
and Mr. Walter Berry stated that he believed the allowable density
of eight units per acre was too great for any development within
the city limits of Clermont.
Connie Grotenhuis, who lives in the Edgewood Subdivision, which is
located adjacent to the proposed project, asked for clarification
of the setback requirements as listed in condition #20. Mrs.
Grotenhuis, in particular, wanted to know if the setback requirement
also included parking spaces.
City Manager Saunders explained that as listed in condition #16,
the clubhouse would be setback a minimum of eighty feet from the
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eastern property line, and all roads and parking would be set back
a minimum of 50'. Planning Director McAllister stated that con-
dition #20 should be rewritten to specifically include parking
spaces.
It was also pointed out that any reference to fifty townhomes should
be taken out of Resolution #579.
Council Member Turville questioned what the actual required setback
was with regard to the buildings and parking spaces. Mr. McAllister
stated that the actual setback requirement was twenty-five feet,
and that the developer had agreed to the increased setbacks to help
buffer the adjoining residential subdivision from the development.
Mr. McAllister also stated that the developer was being required
to plant one tree for each dwelling unit, and the trees would also
act as a buffer.
Under discussion of the conditions, it was pointed out that it would
be necessary to change the wording of condition #14 to indicate that
the City will have eighty feet of right-of-way running the length of
the property. The additional right-of-way will be used for a bicycle
path.
Council Member Cole asked Mr. Poynter, considering that the conceptual
plan presented was the fourth revision, if he was going to change his
mind again. Mr. Poynter stated that this would be the final conceptual
plan presented.
88-068 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY
ROLL CALL VOTE TO ADOPT RESOLUTION #579 AS AMENDED TO TAKE OUT ANY
REFERENCE TO FIFTY TOWNHOMES, TO ADD "RIGHT-OF-WAY SHALL BE GRANTED
TO PROVIDE EIGHTY FEET OF RIGHT-OF-WAY" IN CONDITION 1114, AND TO
CHANGE CONDITION 1120 BY ADDING "AND PARKING AREAS". THE RESOLUTION
WAS READ BY TITLE ONLY BY MAYOR POOL.
STEVE LEE - REQUEST FOR VARIANCES FROM THE ZONING AND SIGN ORDINANCES
It was explained that Mr. Lee had appeared before Council just over
a year ago and was granted five variances for this site which included
a 12' rear yard setback, a 38' front yard setback, a 2' landscape buffer,
a reduction in parking requirements from the required 15 spaces to
14, and an allowance for ground covering instead of the required hedge.
Mr. Lee was present and explained to Council that he had revised his
site plan with the help of the City Staff, and was now presenting a
more workable site plan for his 90' deep lot located at the northeast
corner of Seventh Street and Highway 50.
Mr. Lee further explained that he still needed three variances which
had previously been approved: a 12' rear yard setback where 25' is
required, a 38' front yard setback where 50' is required, and a 2'
landscape buffer where 5' is required.
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May 10, 1988
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City Manager Saunders pointed out that the two foot landscape buffer
runs about forty feet on the east side of the property instead of
the entire length of the property as previously approved. The three
foot buffer no longer extends the entire length of the west side of
the property, making a much needed improvement. A variance to the
Sign Ordinance is also being requested in order to install a ground
sign with a ten foot setback where twenty-five feet is required.
Mayor Pool called for comments from those present and Mr. and Mrs.
Turley who are adjacent property owners asked where the garbage
dumpster would be located. City Manager Saunders explained that it
would be located on the east side of the building and a five foot
high wall would be located around the trash storage area.
88-069 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL
MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
TO GRANT THE FOLLOWING FOUR VARIANCES: A 12' REAR YARD SETBACK WHERE
25' IS REQUIRED, A 38' FRONT YARD SETBACK WHERE 50' IS REQUIRED, A
2' LANDSCAPE BUFFER WHERE 5' IS REQUIRED AND A 10' SETBACK FOR A
GROUND SIGN WHERE 25' IS REQUIRED.
NEW BUSINESS
RESOLUTION fl583
Mayor Pool asked City Manager Saunders to explain the purpose of
Resolution #583. It was explained that the resolution would revoke
the existing Conditional Use Permit for ICO, Inc. which is the developer
of the Hillside Villas project located on Grand Highway. On September 14,
1983, Initial Capital Outlay, Inc. was granted a Conditional Use Permit
for a PUD of 92 Condominium Units. Work on the project has been sporodic
and as of this date, almost five years later, the site work for the pro-
ject has not been completed.
Mr. Saunders further explained that within a few days of the notification
to ICO, Inc. that they were being placed on the agenda for revocation,
some work resumed on the site, which was the same thing that happened
last August when Dr. Fraser was notified he was being placed on the
agenda for revocation. Work resumed approximately a week prior to the
meeting, but then stopped within a short period after the meeting was
held.
Mr. Saunders then reported that according to Dr. Fraser a contract with
Superior Asphalt has been signed for completion of all the infrastructure,
including water, sewer, streets, storm drainage and sidewalks. He also
explained that the Planning and Zoning Commission at their meeting held
earlier had recommended immediate revocation of the permit unless a valid
contract was produced. If the contract is produced, then an additional
condition should be included in the CUP which would state that if all
infrastructure; including water, sewer, streets, sidewalks and drain-
age have not been completed within sixty (60) days, the Conditional
Use Permit will automatically become null and void.
Mr. Bill Wegner, who was present and representing Superior Asphalt,
stated that the Company did have a contract with Dr. Fraser, but it
did not include the water, sidewalks or water retention areas. Mr.
Wegner further stated that an amendment to the contract would be
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forthcoming and will include these items, except for the water.
Mr. Wegner also stated that sixty (60) days would be sufficient to
finish the infrastructure if there was no weather problem. However,
he stated that he would like seventy-five (75) days to complete the
work.
Much discussion ensued. Council Member Huff pointed out to Mr.
Wegner that previous contractors had not been paid for their work
and then pulled off the project. Mr. Wegner stated that the money
for Superior Asphalt's work had been put in an escrow account.
After some further discussion, City Attorney Baird stated that the
City had two options at this point. One, to get the work done or
two, pull the permit and start over. He also stated that the City
had to consider due process and the individual's rights before
pulling the permit.
Council Members Turville and Huff both expressed their consternation
over the amount of time that has gone by with nothing being completed.
Ed Ivey who lives on Grand Highway asked for revocation of the permit
stating that he was tired of looking at the mess.
Jack Sargent, Chairman of the Planning and Zoning Commission stated
that it was the Commission's intention that an acceptable contract
would have been presented to Council and suggested that the matter
be tabled for two weeks until the valid contract is in hand.
Some more discussion ensued concerning the options available. Council
Member Huff asked how long it would take if the Council revoked the
permit and went to court to get the $30,000 bond money to restore the
site. City Attorney Baird stated that it would take three to six months
and would cost the City between $2,500 and $3,000 in legal fees.
;8-070 After devoting considerable discussion to this matter, A MOTION WAS
MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND
CARRIED BY A THREE TO TWO VOTE WITH COUNCIL MEMBERS HUFF AND TURVILLE
VOTING NAY, TO TABLE THIS MATTER FOR TWO WEEKS. DURING THAT TIME
THE CITY MANAGER MUST RECEIVE IN HIS OFFICE COPIES OF ALL CONTRACTS
FOR COMPLETION OF THE INFRASTRUCTURE, INCLUDING THE WATER SYSTEM
AND PROOF OF FUNDS IN THE ESCROW ACCOUNT.
City Manager Saunders asked the Council to reconsider the motion and
asked that they either pull the permit or give ICO, Inc. sixty days
to complete the work.
City Attorney Baird stated that if the City does not have copies of
all of the infrastructure contracts at the end of two weeks, then it
would be in a position to revoke the permit.
BID AWARD
City Manager Saunders explained that two bids were received for the
sidewalk construction on Montrose Street from Tenth to Twelfth Street.
One bid was from Colossus International at $7.50 a linear foot for a
total of $7,125, and the other from Cornerstone Building Systems in
the amount of $8.75 per linear foot for a total of $8,313.
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Mr. Saunders continued by stating that the City's bid specifications
required that metal forms be used to ensure quality work, and after
investigation, it was found that Colossus International's bid did not
meet specifications in this area. As indicated in Mr. Smythe's memo,
it was recommended that the bid be awarded to Cornerstone Building
Systems who bid the project using metal forms as specified. Mr.
Saunders further stated that $12,020 was in the current year's budget
for this project, and the project would still be well under budget
for the work. Mr. Saunders then asked that the Council approve con-
struction of other small sections of sidewalk needed in various areas
of the City with the excess money in the budget.
88-071 After a brief discussion of the bid, A MOTION WAS MADE BY COUNCIL
MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
TO ACCEPT THE BID OF CORNERSTONE BUILDING SYSTEMS IN THE AMOUNT OF
$8.75 PER LINEAR FOOT OR $8,313 FOR CONSTRUCTION OF THE SIDEWALK ON
MONTROSE STREET FROM TENTH TO TWELFTH STREET, AND TO CONSTRUCT SMALL
SECTIONS OF SIDEWALK IN VARIOUS AREAS OF THE CITY WITH THE REMAINING
MONEY IN THE BUDGET.
ASPHALT REJUVENATION
Although the item was not on the agenda, City Manager Saunders asked
if the Council would award a bid for asphalt rejuvenation. He
explained that the City had been putting Reclaimite on the City's
streets for a number of years, and had received two bids for the
work as follows:
Pavement Technology
U.S. Seal Coating
$32,292.16
$48,438.00
It was further explained that Public Works Director Smythe was
recommending acceptance of the low bid from Pavement Technology
in the amount of $32,292.16. $35,000 is budgeted for the project.
This company has been doing the City streets in the past, and the
City is very well satisfied with the Reclaimite product.
Council Member Turville asked that the City keep checking to make
sure that Reclaimite remains environmentally safe. City Manager
Saunders stated that he would do so.
88-072After brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT
THE LOW BID OF PAVEMENT TECHNOLOGY IN THE AMOUNT OF $32,292.16
FOR THE ASPHALT REJUVENATION WORK.
CHANGE ORDER #10, CONTRACT #2 - SEWAGE TREATMENT PLANT EXPANSION
City Manager Saunders explained that this Change Order was for the
installation costs for two submersible sewage pumps in the new flow
equalization tank at the treatment plant. He further stated that the
original design was for pumps that would be placed on the wall above
the tank, but it was determined that the type of pump needed should
be submersible. The cost for modifications and installation of the
submersible pumps totals the $3,126 indicated on Change Order #10.
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88-073 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT
CHANGE ORDER #10, CONTRACT #2 IN THE AMOUNT OF $3,126 FOR THE MODI-
FICATION AND INSTALLATION OF THE SUBMERSIBLE PUMPS.
SURPLUS EQUIPMENT
City Manager Saunders explained that the City was requesting that
a 1984 Ford LTD Patrol Car be declared surplus and placed in the
combined County/Cities Auction to be held at the City of Leesburg
on Saturday, May 14, 1988. The vehicle has been driven in excess
of 100,000 miles.
88-074 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER
TURVILLE AND UNANIMOUSLY CARRIED TO DECLARE THE 1984 FORD LTD, VEHICLE
NUMBER 2105 SURPLUS AND TO BE PLACED IN THE COUNTY/CITIES AUCTION TO
BE HELD SATURDAY, MAY 14, 1988 IN LEESBURG.
PUBLIC COMMENTS
Cecil Smart invited all Council Members to attend the Chamber of
Commerce's Business After Hours at his place of business on Friday,
May 13, 1988 from 5:00 - 7:00 p.m.
City Manager Saunders stated that the City of Clermont had reached
a milestone earlier this week by hiring its first female Police
Officer, Cindy Smith.
&: t1/~
o ert A. Pool, Mayor
Attest:
Clerk