02-23-1988 Regular Meeting
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REGULAR COUNCIL MEETING
February 23, 1988
The Regular Meeting of the Clermont City Council was held Tuesday,
February 23, 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 Huff, Council
Member Cole and Council Member Dupee. Other City Officials attending
were City Manager Saunders, City Attorney Baird, Finance Director
Van Zile, Planning Director McAllister and Deputy City Clerk Brandt.
INVOCATION
The Invocation was offered by Nilsa Whitehead followed by the repeatin~
of The Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Regular Meeting held February 9, 1988 were approved
as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
ENVIRONMENTAL PROTECTION AGENCY GRANT
It was reported that the Environmental Protection Agency had increased
the City's grant in the amount of $24,315, bringing the total grant for
the sewage treatment plant expansion to $1,087,334. City Manager
Saunders then asked for Council approval of the grant increase.
88-031A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER
COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE ENVIRONMENTAL PROTEOTION
AGENCY GRANT INCREASE IN THE AMOUNT OF $24,315 FOR THE SEWAGE TREATMENT
PLANT EXPANSION PROJECT.
LAKE COUNTY WATER AUTHORITY
It was announced that the Water Authority would be holding its monthly
meeting on Wednesday, February 24, 1988 at 5:30 p.m. in the Water
Authority Building.
ROWING REGATTA
It was reported that the Orlando Rowing Club was again asking permission
to use the Jaycee Beach facilities to hold its annual Mayor's Cup Rowing
Regatta on March 12, 1988. It was the consensus of Council to allow this
request.
WORKSHOP
City Manager Saunders
he would like to hold
Hall Conference Room.
meeting at 6:00 p.m.
MARCH 8, 1988 COUNCIL MEETING
stated that if there were no Council objections,
a Workshop on Tuesday, March 1, 1988 in the City
It was the consensus of Council to hold the
It was reported that due to the "Super Tuesday" Primary Election to
be held on the same day and in the same room as the Council Meeting,
the meeting was being rescheduled to begin an hour later at 8:30 p.m.
COUNCIL MEMBER DUPEE'S REPORT
A-Z CITY OF ORLANDO BOOKLET ARTICLE
Mrs. Dupee reported that she had read an article entitled "A-Z Makes
Orlando City Government E-Z" in the February issue of the League of
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REGULAR COUNCIL MEETING
February 23, 1988
Page -2-
Cities Magazine, and suggested that the City of Clermont consider
publishing such a booklet.
LAKE COUNTY LEAGE OF CITIES BOARD OF DIRECTORS
It was reported that the League was looking for a new Executive
Director and would be looking to the south Lake County area.
Also, last year the Board of Directors met at 8:00 a.m. on Tuesday
mornings to discuss pending legislation pertinent to Lake County,
and the Board would like to begin the program again this year.
Mrs. Dupee stated that she would not be able to attend these
meetings, and asked that someone represent Clermont in her place.
City Manager Saunders stated that he would attend the meetings.
It was also reported that the League of Cities Recreation Committee
would be interviewing the Candidates for County Commissioner regard-
ing their positions concerning Parks and Recreation Activities within
the County. City Manager Saunders and Planning Director McAllister
are on this committee.
SENIOR SHOW CASE
It was reported that on March 3, 1988 a Senior Showcase would be held
in the Leesburg Community Center, and the League needed volunteers to
help with the distribution of brochures at the program.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Mrs. Dupee advised the Council that the East Central Florida Regional
Planning Council had adopted four Resolutions pertinent to the Wekiva
River Basin. The Planning Council has taken the position that all
development should be banned until the Governor's Task Force meets
on this matter.
COUNCIL MEMBER HUFF'S REPORT
SOUTH LAKE COUNCIL FOR THE ARTS
Council Member Huff reported that he would like as many people as
possible to attend the University of Central Florida Jazz Lab to
be presented on Saturday, February 27, 1988 at Jenkins Auditorium.
COUNCIL MEMBER TURVILLE'S REPORT
SEMINOLE WOODS PROJECT
Council Member Turville reported that after attending the C.A.R.L.
Commission hearings, the Seminole Woods project had been advanced
on the priority list from number twenty to number five.
MAYOR POOL'S REPORT
KIWANIS PARK
Mayor Pool stated that the Kiwanis Park had been formally dedicated
on February 16th, and that he wished to thank the Kiwanis Club for
their generous donation of the playground equipment for the park,
and their work to landscape the park over the past two years.
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REGULAR COUNCIL MEETING
February 23, 1988
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NILSA WHITEHEAD'S REPORT
AZALEA PARK
Mrs. Whitehead thanked all of those citizens who planted the azaleas,
and stated that the park was located on the corner of East Avenue
and Pine Street and everyone should go take a look at the City's
beautiful new park.
VISITORS WITH BUSINESS
RESOLUTION #576 - HOLLAND AND ASSOCIATES REQUEST FOR A CONDITIONAL
USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
Mayor Pool explained that this was a request for a Conditional Use
Permit for a Planned Unit Development for a thirty-two acre site
located on the northwest corner of the intersection of Grand Highway
and Pitt Street. Planned for the site are a two hundred unit congre-
gate care facility, a sixty bed nursing home and a 124,100 square foot
retail and professional office complex. The project will be phased,
with the first phase being seventy-five units of the congregate care
facility.
Mr. Vince Micucci, representing Holland and Associates, the
developers for this project, appeared before Council to request
changes to the proposed Conditional Use Permit. A new site plan
was presented.
ITEM #5
Mr. Micucci stated that the first item he would like to address
fell under Item #5 of Planning Director McAllister's memo dated
January 18, 1988, which references one access point on Grand
Highway. He stated that they would like two access points three
hundred feet apart. The second access point would be for the
Phase II commercial development, with the Phase I access point
being a boulevard type entrance to the congregate care facility.
Under discussion of this request Council Member Turville asked
why the second curb cut was needed now?
City Manager Saunders stated that consideration of the request for
a second entrance could be addressed when the developers come in
with plans for the commercial development phase of the project.
If the Council decides to wait until that time, then Item #9 would
have to be deleted as written and the Conditional Use Permit amended
when development of Phase III begins. It was the consensus of Council
to do this.
ITEM #13
Item #13 concerning the looping of the water line was then
discussed. Mr. Micucci stated that the developer was agreeable
to this condition, but that he would like to complete the looping
of the water line during Phase IV of the construction.
City Manager Saunders stated that he had no problem with this
request if adequate water pressure could be met for Phase I.
However, Mr. Saunders continued that he would like to see the
requirement met during Phase II of the ACLF development.
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REGULAR COUNCIL MEETING
February 23, 1988
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ITEM f/18
With regard to Item #18, Mr. Micucci stated that he would like
clarification of the word "infrastructure".
City Manager Saunders stated that "infrastructure" included
all roads, drainage and underground utilities. Mr. Micucci
stated that he was agreeable with this, as long as the exact
"infrastructure" was stated in Item #18. It was the consensus
of Council to include the definition in the wording.
IMPACT FEES
Lastly, Mr. Micucci requested that the Council wave the full
impact fee per unit and consider charging 1/2 ERU for the project.
Mr. Micucci further stated that their studies indicated that an
ACLF unit would use, on the average, only 56 gallons of water per
day and would impact less than conventional dwelling unit.
Mayor Pool stated that it would not be proper to change the Impact
Fee requirement because an ACLF falls under the multi-family (one
bedroom unit) requirements of the existing zoning ordinance. Mr.
Micucci stated that he understood this requirement.
Mayor Pool then called for comments from those present in the
audience.
Mr. Howard Barry stated that he did not understand the change in
density for the property from 8 units per acre to 12. It was
explained that under a Planned Unit Development (PUD), the 12
units per acre for an ACLF development is allowed. Mr. McAllister
stated that the actual density for this project calculated out to
be a little less than the 8 units per acre average.
There being no further questions or discussion of this request,
Mayor Pool then read the Resolution by title only.
88-032 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION NO. 576 AS AMENDED TO INCLUDE: CONDITION #9 AS
WRITTEN TO BE DELETED AND REPLACED WITH "THIS CONDITIONAL USE
PERMIT MUST BE AMENDED FOR CONSIDERATION OF PARCEL III DEVELOP-
MENT; CONDITION #13 AS WRITTEN TO BE DELETED AND REPLACED WITH
"PHASE I MAY BE CONNECTED TO THE WATER MAIN LOCATED ON PITT STREET
PRIOR TO LOOPING THE 8" WATER MAIN IF THE FLOW TEST INDICATES
ADEQUATE PRESSURE AND CAPACITY AS APPROVED BY THE CITY ENGINEER.
THE DEVELOPER SHALL CONSTRUCT AN 8" WATER LINE FROM THE PITT STREET
EXISTING LINE, NORTH ON GRAND HIGHWAY AS TO CONNECT WITH THE EXIST-
ING 8" MAIN AS PART OF PHASE II. THE CITY SHALL PAY FOR OVERSIZING
OVER WHAT IS REQUIRED FOR THIS DEVELOPMENT"; AND CONDITION #18 WILL
INCLUDE "....INFRASTRUCTURE, DEFINED AS ROADS, DRAINAGE AND
UTILITIES....". THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR
POOL.
FINAL READING OF ORDINANCE 192-M - AN ORDINANCE VACATING A PORTION
OF CRYSTAL LAKE DRIVE
It was reported that the closing of Crystal Lake Drive south of
Minneola Avenue and north of Montrose Street was being requested
by Mrs. Ruth Ray because according to a 1985 survey of the property,
the Yancy home (Mrs. Ray's mother's home) had been built on part of
the street right-of-way.
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REGULAR COUNCIL MEETING
February 23, 1988
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Mr. Bill Ray appeared before Council to discuss the requested street
closing. He presented each Council Member with a copy of a recently
discovered 1955 survey which shows that the Yancy home was not con-
structed on the right-of-way. However, Mr. Ray stated that he still
wished to request the closing of Crystal Lake Drive in front of Lots
2, 3, 4, 5 and 6 from the presently owned property to the ordinary
high water mark. Mr. Ray further stated that for over thirty years
his family had leased the right-of-way from the City and during that
time had planted trees and maintained the area. The lease on the
right-of-way expired in the late 1970's.
Much discussion ensued concerning what would happen to the right-of-
way if the street was not closed. City Attorney Baird pointed out
that the land was dedicated for street right-of-way and held in trust
by the City for that purpose. If the City chose to abandon the right-
of-way, then the adjoining property owners would acquire the property.
Council Member Huff stated that right-of-way to the south of this
property had been abandoned, and asked why the property in question
could not also be abandoned?
Upon looking at the survey, it was discovered that if the street
was closed in this area, the Yancy home would not have any street
frontage and would become a non-conforming lot.
City Manager Saunders stated that mistakes had happened in the
past, and it was the present Staff's position to retain all rights-
of-way.
Council Member Turville stated that he believed that the City should
keep the right-of-way.
City Attorney Baird advised that the City should close the street
if, and only if, it forsees that there will never be a need for a
street in that location.
Mayor Pool stated that if the City was going to retain the right-
of-way, then the City should maintain the property.
Nilsa Whitehead, Mark Edwards and Willie Montgomery spoke against
closing the street. Mr. Montgomery stated that he was against the
request because he wanted to use the right-of-way for access to
fish in Crystal Lake.
Mrs. Ray stated that she was not opposed to people fishing from
the right-of-way, but felt that the City should accept responsibility
to maintain it.
88-033 After much discussion of the request, A MOTION WAS MADE BY COUNCIL
MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY
CARRIED BY ROLL CALL VOTE TO DENY THE REQUEST. FOR THE RECORD,
COUNCIL MEMBER HUFF STATED THAT HE WAS VOTING TO DENY THE REQUEST
ONLY BECAUSE OF THE STREET FRONTAGE REQUIREMENT.
NEW BUSINESS
CHANGE ORDER #9, CONTRACT #2 - SEWAGE TREATMENT PLANT EXPANSION
City Manager Saunders explained in detail each of the five items
listed in the City Engineer's justifiction for the change order,
and stated that they reflect an increase in contract price of
$2,121.12.
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REGULAR COUNCIL MEETING
February 23, 1988
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Council Member Turville questioned if the City was responsible
for paying the $564 listed in Item #3, which resulted when the
City inspector found a discrepency between the shop drawings
being used for the slab foundation and the actual construction
plans. By the time it was determined that the shop drawings
were acceptable, one load of concrete had to be sent back and
and the pour rescheduled. This resulted in a bill for the
returned concrete, as well as overtime hours by the Contractor
to complete the concrete work.
City Manager Saunders stated that he had questioned this item,
but felt that it was justified because the problems which could
have resulted from using the wrong plans may have been more costly
in the long run than the expenditure of the $564.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
88-034 SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT
CHANGE ORDER #9, CONTRACT #2 FOR THE SEWAGE TREATMENT PLANT EXPANSION
PROJECT IN THE AMOUNT OF $2,121.12.
CONTRACT FOR SERVICES - EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
City Manager Saunders stated that the East Central Florida Regional
Planning Council had not yet presented a Contract to the City and
asked that the matter be tabled. It was the consensus of Council
to table this item until such time as the contract is presented.
BID AWARD - HEALTH INSURANCE
It was reported that the City had received eleven bids for the
Employee Health Insurance and needed more time to go over the
information received. Mr. Saunders also asked that this matter
be tabled until the next meeting. It was the consensus of Council
to do so.
PUBLIC COMMENTS
Cecil Smart asked if an exit to the turnpike was still going to
be built at Killarney. City Manager Saunders that it was budgeted
and would be going to engineering with the completion date scheduled
for 1991.
Along the same lines, Planning Director McAllister stated that the
proposed western route of the East-West Expressway extension going
to Apopka was to be routed in the City's Urban Reserve Area and
would come within 1,000' of Highway 27 in the Flat Lake area.
Mr. McAllister stated that he would be attending the East-West
Expressway Authority meetings and would keep the Council apprised
of all future plans for the extension.
Willie Montgomery, Wilburn Montgomery, Albert Fogle, Juanita Harris,
Ann Wilson, Mike Davis, and Council Member Cole, all residents of the
Lincoln Park area, expressed their concerns that the Clermont Police
Department was not doing enough to solve the recent rash of burglaries
in their neighborhood, and asked for better police protection of the
area.
After much discussion of the various problems confronting the Lincoln
Park area, it was suggested by Council Member Turville that those
people present meet with the City Manager to arrange a meeting with
representatives of the Black Community, the Police Department and
the City Council to work out a mutually acceptable solution to the
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January 30, 1988
City of Clermont
p & Z Board
City Commissioners
1 Westgate
Clermont, Fl. 32711
Ladies & Gentlemen:
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We, the surrounding property owners are opposed to the
amendment changing the comprehensive plan on the property
described below.
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The proposed plan calls for the change or amendment
,from the plan from ERD1 .to ERD6.
Under the current plan (ERD1) there is allowed four (4) units,residential,
per acre. Under the proposed plan (ERD6) there is ailowed five (5)
residential units per acr.or multifamily units (duplexes) eight. (8)
per acre.
Tha t means
The property in question is approximately 5.75-6.00 acres.
..___ .a total of.a maximu~..of_.~O units.
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Please consider this letter as proof of our desires for there
not to be a change in the proposed amendment.
Sincerely, .
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January 30, 1988
City of Clermont
P & Z Board
City Commissioners
1 Westgate
Clermont, Fl. 32711
Ladies & Gentlemen:
We, the surrounding property owners are opposed to the
amendment changing the comprehensive plan on the property
described below.
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The proposed plan calls for the change or amendment
from the plan from ERDl to ERD6.
Under the current plan (ERD1) there is allowed four (4) units,residential,
per acre. Under the proposed plan (ERD6) there is allowed five (5)
residential units per acr.or multifamily units (duplexes) eight (8)
per acre.
The property in question is approximately 5.75-6.00 acres. That means
a total of a maximum of 40 units.
Please consider this letter as proof of our desires for there
not to be a change in the proposed amendment.
Sincerely, .
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