08-11-1987 Regular Meeting
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REGULAR COUNCIL MEETING
August II, 1987
The Regular Meeting of the City Council of the City of Clermont
was held Tuesday, August 11, 1987, 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: Council Member Dupee,
Council Member Huff, Mayor Pro Tem Turville, and Council Member
Cole. Other City Officials present were City Manager Saunders,
City Attorney Baird, 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 Workshop Meeting held July 16, 1987, the Workshop
Meeting held July 21, 1987, and the Regular Meeting held July 28,
1987 were approved as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
FLORIDA FREE WHEELERS BICYCLE RACE
Mr. Saunders reported that he had received correspondence from the
Florida Free Wheelers Bicycle Club asking permission to use the
pavilion at Jaycee Beach as the starting and ending point for their
100 mile race to be held on November 20, 1987. The letter stated
that they would furnish their own liability insurance and portable
toilets for the event.
87-152 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT
THE REQUEST.
UNIVERSITY OF FLORIDA POPULATION ESTIMATE
It was reported that the University of Florida population estimate
for the City of Clermont as of April 1, 1987, was at 6,379.
INTERLOCAL PLANNING AGREEMENT
City Manager Saunders reported that he had talked with the County
Planner, Michael Szunyog, and, as directed by Council, Item H4 of
the Joint Planning Agreement had been corrected to provide for joint
preparation of the Comprehensive Plan for the joint planning area.
SPECIAL BUDGET HEARING
It was reported that the Public Hearing for the proposed budget
and millage rate for Fiscal Year 1987 - 1988 would be held on
Wednesday, September 9, 1987, at 8:00 p.m. in the Council Chambers.
COUNCIL MEMBER DUPEE'S REPORT
CABLE TELEVISION SERVICE
In commenting, Mrs. Dupee asked Council Member Huff if he was aware
of the notice that had been placed on the bulletin board at Emerald
Lakes Mobile Home Park. She further reported that the notice stated
that if anyone was having problems with cable television service,
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REGULAR COUNCIL MEETING
August 11, 1987
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they should contact Council Members Dupee or Huff and that their
telephone numbers were listed. Council Member Huff stated that he
was aware of this matter.
COUNCIL MEMBER COLE'S REPORT
CHESTNUT STREET PARK
Council Member Cole asked if the boy who bought and placed the
basketball net at Chestnut Street Park could be reimbursed for
the purchase.
City Manager Saunders stated that he did not know who the young
man was, but if he would submit a receipt for the purchase, he
would be reimbursed.
JUNIOR HIGH SCHOOL PARK
Council Member Cole asked if the curfew hours could be enforced at
the Junior High School Park, and that signs stating "No Alcoholic
Beverages Allowed" be placed in the park before the situation at
the park gets out of hand. City Manager Saunders stated that he
would take care of this matter.
VOLLEYBALL NET FOR JAYCEE BEACH
Mr. Cole also requested that a volleyball net be purchased for Jaycee
Beach and that someone be responsible for putting the net up and
taking it down on a daily basis. City Manager Saunders stated that
he would also take care of this matter.
MAYOR POOL'S REPORT
Mayor Pool reminded the Council of the upcoming election to be held
on November 3, 1987 for Council Seats II and IV. If needed, a primary
election would be held October 6, 1987, with qualification beginning
on September 4th and ending on September 21st.
VISITORS WITH BUSINESS
At this point in the meeting Council Member Dupee received a message
and excused herself from the meeting.
RICK WEBER - FRONT FOOTAGE VARIANCE. REQUEST
Mr. Rick Weber appeared before Council to request a variance to the
required front footage of 100' to 80' for construction of a home
on Lot 365, Orange Park Subdivision in an R-l-A district.
Mr. Weber explained that the lots were platted prior to the zoning
ordinance, and most of the lots in the area had 80' frontages.
City Manager Saunders agreed, and stated that all of the homes on
First Street but one had 80' frontages. At the time of the passage
of the zoning ordinance Lots 362, 363, 364, 365 and 366 were all
under one ownership, and in 1981 Lot 366 was sold and a variance
granted for a front footage of 80'.
Ross Mc Cardell and Sterling Fry, who live in the neighborhood,
both stated that they favored granting the request. A letter
from another neighbor was also presented favoring the request.
87-153 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED WITH COUNCIL
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TOM .DOUGHERTY ,REAR -,YARD ,VARIANCE REQUEST
Tom Dougherty, a Lawyer representing Suzanne Spataro of 901 Linden
Street; appeared before Council to request a rear yard setback
variance to build an above ground swimming pool IS' from the rear
property line on Lot 1 and part of Lot 2, Block 102 of Indian Hills
Subdivision~ Mr. Dougherty explained that an erroneous survey had
been used~ and that his client really wished to build the pool with-
in 10' of the rear property line where a 25' setback is required.
City Attorney Baird advised that the IS' rear yard setback had been
advertised, and that Council could only consider that request at
this time: Mr. Dougherty stated that he would proceed with the
request as originally stated:
Mr: Dougherty then informed the Council that the property located
at 901 Linden Street sloped from front to back and west to east,
and that some of the pool would be built in the ground and part
would be above grade.
Council Member Huff asked how much would be above ground, and
Mr: Dougherty replied that approximately 30" would be exposed on
the east side and 6" or less would be exposed on the west side of
the pool: It was also stated that the pool would not extend into
the rear yard setback any farther than the existing gazebo, and
the the Spataros wished to utilize their existing deck to the
north so they would not have to step down into the pool, and
that they did not want to have the pool positioned so that steps
would have to be built down to the pool.
Mayor Pool stated that opposition to this request had been expressed
by R:M: Frye, Evert Wahls and Doc Jones, all of whom live in the
neighborhood~
Much discussion ensued concerning the placement of the pool in
the rear yard, with Mayor Pool explaining how it could be con-
structed so as to appear to be an in ground pool.
87-154 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE~ ,SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED,
WITH COUNCIL MEMBER DUPEE NOT VOTING DUE TO HER ABSENCE, TO DENY
THE REAR.YARD SETBACK VARIANCE REQUEST FOR AN ABOVE GROUND POOL
LOCATED-AT.901..LINDEN-STREET:
UNF INl SHED ,BUSINESS
FINAL-READING OF ORDINANCE 185-M
It was explained that the ordinance would provide for the removal
of shopping carts from public property. During the introduction
of the ordinance~ which occurred June 9, 1987, those merchartts
effected by the ordinance asked that they be given a chance to
pick up abandoned carts throughout the City before any final
action to adopt the ordinance was taken. Subsequently, those
merchants have hired a man to pick up the carts on a daily basis.
City Manager Saunders reported that everything seemed to be
working out~ and that there had been no complaints concerning the
carts~
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Council Member Cole concurred and stated that the problem had
improved by 95%.
Council Member Dupee returned at this point in the meeting.
After a brief discussion concerning tabling the ordinance, Mayor
Pool emphasized that the Ordinance would be back on the agenda for
future action, if the merchants did not continue to pick up the
carts.
87-155 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO TABLE
ORDINANCE l85-M INDEFINITELY.
NEW, BUSINESS
REVOCATION OF CONDITIONAL USE PERMIT - HILLSIDE VILLAS , ICO, INC.
City Manager Saunders presented the following information as
background to the consideration of revocation of the Conditional
Use Permit granted to Initial Capital Outlay, Inc:
The Planning and Zoning Commission at their meeting held Tuesday,
August 4th, voted unanimously to recommend revocation of the
Conditional Use Permit granted for this project.
On September 14, 1983, Initial Capital Outlay, Inc. was granted a
Conditional Use Permit for a Planned Unit Development of 92 Condo-
minium Units to be located on Grand Highway.
A development permit for site preparation was issued on September 12,
1984. Work on the project since that date has been sporadic, and as
of this date, almost three years later, site work has not been com-
pleted and a development permit for construction has not been obtained.
Several different contractors have been involved on the project and
have left the project for various reasons. .
In March of 1986 the City met with a representative of ICO, Inc. and
discussed specific problems with the project, the main problem being
lack of progress.
On March 31, 1986, a letter regarding that meeting was sent to
Dr. Owen D. Fraser, President of ICO, Inc. That letter included
specific requirements in order for his project to continue. He
was informed that failure to meet the requirements would result
in referral to the Planning and Zoning Commission and the City
Council for revocation. The requirements were met and work re-
sumed only to cease after a few weeks. For the next few months
the work was sporadic with little progress.
In February of 1987 a new project coordinator and contractor became
involved and a permit for infrastructure was approved, but no further
progress was made on the project.
On June 23, 1987, I informed ICO, Inc. that due to the lack of prog-
ress on the project, the Conditional Use Permit was being referred to
the Planning and Zoning Commission and the City Council for revocation.
Within a week a new contractor was on the job. However, on Friday,
July 24th, work stopped again and had not resumed until today.
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Mr. Saunders went on to explain that Article VI, No. (9) of the
City's Zoning Ordinance states that if development actions required
by the grant of a Conditional Use Permit are not taken within any
time limits set in the Conditional Use Permit, the Planning and
Zoning Commission shall review the circumstances and recommend to
the City Council that: A. Revised time limits be set; or B. That
the grant of Conditional Use be cancelled.
City Manager Saunders concluded by stating that he felt the City
had given ICO, Inc. every opportunity to perform during the past
four years, and that the $30,000 cash performance bond the City
was holding could be utilized to reclaim and restore the site.
Dr: Fraser, who was present in the audience, then spoke concerning
his project~ He began by stating that he had difficulties in dealing
with several of the contractors doing site work, and in one case he
had to take the contractor to court in order to get his money back.
After briefly outlining the problems with the project, Dr. Fraser
stated that presently they would be laying sod and testing the
water lines, and as soon as those were approved they would put in
the roads. He then asked for sixty days to complete the site work.
He also introduced Clyde Plummer as the marketing director for
the project and Fred Plummer as the contractor.
Council Member Huff asked if there were any liens on the project,
and Dr. Fraser stated that there were none. Mr. Huff also asked
what would be done within the next sixty days. Dr. Fraser stated
that the water and sewer lines and the roads would be completed
and the sidewalks finalized.
Dr. Fraser was also asked why the latest contractor had stopped
work on July 24th, only to resume work today. Dr. Fraser stated
that a procedural mixup had occurred, and the contractor had not
given him the 10 day advance notice needed for payment. He further
stated that this problem had been straightened out and he anticipated
no further payment problems.
Mr. Wolcott, Dr~ Fraser's project coordinator, also spoke, relating
much of the same information as presented by Dr. Fraser.
Council Member Cole expressed his concern for water runoff at the
site, and Dr. Fraser stated that the project had been re-engineered
to carry the runoff to retention areas, and not down the street as
was in the original plan.
Council Member Dupee expressed her concern that the project might
never be completed and asked if the City could require another
performance bond or a bond for each phase to be completed.
City Attorney Baird advised that as long as they were working on
the project, the City should give them an opportunity to stay on
schedule, and if at the end of thirty, sixty or ninety days, or
whatever time limit was chosen, they were not performing properly,
the matter could be brought back before Council.
87-156 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO
TABLE THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION
IN ORDER TO ALLOW TIME FOR COMPLETION OF THE WORK IN PROGRESS.
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INTRODUCTION OF ORDINANCE l84-M
City Manager Saunders explained that the Growth Management Act
adopted by the State of Florida allows a municipality to amend
its Comprehensive Plan twice a year, and the City of Clermont
had chosen the first meetings of February and August as the
two dates per year to hear amendment requests, and that this was
a public hearing concerning the proposed amendments.
The first amendment request considered was as follows:
Amendmen t III ~
Amend the adopted Future Land Use Map by changing the
following described property from Land Use Designation
ERD-7 to ERD-8:
Lots 5 and 18 and the east 1/2 of Lots 6
and 17 of Block 8. Located at 172 East
Highland Avenue. This is located in
the first block east of East Avenue.
City Manager Saunders explained that Mr. Marino Thomas had requested
this amendment as the first step in rezoning the property from the
current R-2 status to R-3 which would allow professional offices in
this area. Mr. Saunders then recommended that the if Council con-
sidered professional offices an appropriate use for this area, the
entire Block 8, north of Highland Avenue be included in the change
to ERD-8. To change only Mr. Thomas's property which is located
in the middle of the block would be inappropriate. It was further
explained that Block 8 is abutted by existing ERD-8 designated
property on the east, the cemetery on the north, C-I property to
the west and a city owned strip and Highway 50 to the south.
It was also reported that the Planning and Zoning Commission
recommended that all of Block 8 be changed from ERD-7 to ERD-8,
and that the City had received a petition signed by owners
representing approximately half of the total property in the area
supporting the change.
Mayor Pool called for comments from those present, and Tony Ridge,
Bill Holder, Nell Hunt, Virginia Dortch and Darryl Ladd spoke in
favor of the proposed change.
Council Member Huff stated that he also favored the proposed
change.
Council Member Dupee also favored the change, but expressed concern
that if office or commercial development occurred along the strip,
something would have to be required to buffer the cemetery from
such development.
Amendment In.
Amend the criteria for the Land Use Designation NED-2
to include Professional Offices as a permitted land
use.
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City Manager Saunders again explained that Mr. Keith Hogan, owner
of the north lOOt of Lots 11, 12 and 13, in Block 74 had requested
this change in order to be allow~d to build a professional office.
All of the property in the NED-3 area is currently zoned R-3, which
normally allows professional offices under a Conditional Use Permit.
The Comprehensive Plan designation of NED-3, however, does not allow
professional offices. By making this change the property would revert
back to its status before the adoption of the Comprehensive Plan. The
NED-3 area is basically west of Fifth Street, north of Broome Street
and runs north to Lake Minneola, with an irregular western boundary
of the EBD-l or Central Business District area.
Mr. Saunders further explained that it was was the consensus of the
Planning and Zoning Commission that there was a need for Professional
Office space near the Central Business District to help support the
downtown area, but they felt that Lake Avenue would be a better
division line than Fifth Street, and their recommendation was to
create two new areas designated NED-7 and NED-8 which would be the
two sections of NED-2 located west of Lake Avenue and to keep the
permitted uses the same as NED-2, with the addition of Professional
Offices:
Mayor Pool then called for comments from those present in the
audience. Darryl Ladd stated that he wished to build a professional
medical building on the southeast corner of Seventh and Broome
Streets, and favored any change which would allow him to apply for
a Conditional Use Permit to construct the building. Mr. Hogan was
also present and stated that he favored the change. Nilsa Whitehead
stated that she favored changing the land use designation for the
southern half, but wished to leave the northern part as is. No one
else.spoke for or against this amendment.
Mayor Pool stated that he preferred not to consider any change for
the northern section because it was primarily the old residential
area of Clermont, and contained only one beauty shop, which had been
there for many years, and the library parking lot.
It was the consensus of Council that the southern section would be
more condusive to the development of professional offices as it
already contained a professional office located across from the
hospital and the First Methodist Church, and that only this area
located west of Lake Avenue and south of DeSoto Street should be
changed to include professional offices.
Council Member Turville asked that letters be sent to all of the
property owners in the southern section notifying them of the
proposed change. City Manager Saunders stated that this would
be done before the final public hearing.
Amendmen t fJ3 ~
Amend the Future Land Use Map by changing the following
described property from Land Use Designation NED-5 to
EBD-2.
Lot 4, Forty Pines Subdivision
Mr. Saunders explained that Mr. George Gallup, owner of Lot 4, in
Forty Pines Subdivision was requesting this change which would
allow this property to be considered for rezoning from R-2 to C-2.
Mr. Gallup's property is located on the southeast corner of the
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intersection of Bloxam Avenue and Magnolia Street, and is abutted
on the north by Magnolia Street and C-2 Zoning (Chain-O-Lakes Auto
Parts)~ on the east by Bloxam Avenue and C-2 Zoning (Winn-Dixie).
On the south and west, the property is abutted by R-2 property
which is developed as single family residential. .
Mr. Saunders further explained that the Planning and Zoning
Commission had recommended that Lots I, 2, 3 and 5 be included
in the change from NED-5 to EBD-2. Presently the area is zoned
R-2 and the NED-5 designation restricts the area to residential only.
Lot 1 is developed single family, Lot 2 as a duplex, and Lots 3 and
5 as single family.
Mr. Saunders then recommended that the Council consider changing
only Lot 4 and stated that although the Council could still control
development of the area through zoning, the entire section could at
some point be zoned C-2 if changed to the EBD-2 classification, and
this would place commercial use onto Minnehaha Avenue which presently
is developed only as residential west of Bloxam Avenue.
Mr~ Gallup then explained that the area was becoming too noisey
with rock trucks coming from Hook Street, up Bloxam Avenue to
Minnehaha Avenue. He also stated that many trucks were stopping at
the Circle K, which is next to the auto parts store, during early
morning hours. In conclusion, Mr. Gallup stated that he would like
to sell his home and move to a quieter neighborhood, but that no one
would buy it as it is presently zoned.
Mayor Pool called for comments from those present, and Nell Hunt
stated that she favored Mr~ Gallup's request.
Council Member Turville stated that he favored the request, but only
for Lot 4.
Council Member Huff stated that he believed that this was a classic
example of how zoning effects the value of a piece of property. He
stated that the property was zoned R-2 but being devalued because
the highest and best use would be for commercial development.
Jay Van Der Meer stated that the zone cannot expand west or south,
so Mr. Gallup's house could act as the buffer between zones. If
the house were turned into a professional office, it would not be
detrimental to the neighbors.
Rick Weber stated that he favored the Planning and Zoning
Commission's recommendation to change all of the lots and stop
there.
Mrs. Gallup stated that all of the residential property in the
immediate vicinity of their home was rental property, with the
exception of their home and one belonging to Mr. John Mc Farland.
After a brief discussion, it was the consensus of Council to only
include Lot 4 in the proposed amendment.
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87-157
There being no further discussion of the proposed amendments,
A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED TO INTRODUCE ORDINANCE 184-M,
AS ,AMENDED .IN ITEM #2 TO INCLUDE PROFESSIONAL OFFICES IN NED-2 IN
BLOCK..74; THE SOUTH ,HALF OF, BLOCK 75, AND IN BLOCK 83" CITY BLOCKS:
THE. ORDINANCE WAS READ BY TITLE.ONLY BY MAYOR POOL.
Mayor Pool announced that a second public hearing would be conducted
following State review of the proposed amendments:
RESOLUTION H560
City Manager Saunders explained that the City's Bond Ordinance
requires a Utility Fund Budget to be adopted 45 days prior to the
beginning of the new fiscal year: Resolution H560 would approve
a preliminary Utility Fund Budget as discussed during the budget
workshops; with a final budget being adopted in September:
Mr: Saunders also stated that there would be no increase in water
or sewer fees for the coming year:
87-158
A MOTION ,WAS ,MADE BYCOUNCIL.MEMBER HUFF, SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO
ADOPT-RESOLUTION #560 ESTABLISHING A PRELIMINARY UTILITIES
FUND BUDGET-FOR.THE ,CITY OF CLERMONT FOR FISCAL YEAR 1987-l988.
THE . RESOLUTION ,.WAS, . READ, BY MAYOR POOL BY TI TLE ONLY. .
BUDGET. AMENDMENT
Finance Director Van Zile explained the Federal Revenue Sharing
Program had been discontinued, and that this budget amendment
would reallocate $15~430 of Federal Revenue Sharing Funds that
have not been expended, and that these funds must be spent in
the current year or forfeited:
Each Council Member was presented with a schedule of Capital
Outlay items that had been requested to be included in next
year's budget that will be purchased from the amended Federal
Revenue Sharing Budget. All items were reviewed during a work-
shop meeting:
87-159 After a brief discussion; A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT
THE BUDGET AMENDMENT TO THE.FISCAL YEAR 1987 FEDERAL REVENUE SHARING
BUDGET.IN THE AMOUNT $15.,430. .
There being no further business or discussion; the meeting adjourned
at 9:10 p:m:
~~~~
Ro ert A. Poo , Mayor.
Attest:
~E~ .
e . Van Z', Finance Director