05-12-1987 Regular Meeting
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REGULAR COUNCIL MEETING
May 12, 1987
The Regular Meeting of the Clermont City Council was held Tuesday,
May 12, 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: 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, 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 April 8, 1987 and the Regular
Meeting held April 28, 1987 were approved as presented.
REPORTS
CITY MANAGER'S REPORT
SOUTH LAKE MEMORIAL HOSPITAL
It was reported that South Lake Memorial Hospital would be holding
an open house on Thursday, May 14, 1987, from noon until 3:00 p.m.
in celebration of National Hospital Week. Everyone present was
invited to attend.
FI~ANCE DIRECTOR VAN ZILE'S REPORT
SURPLUS EQUIPMENT AUCTION
It was reported that the City had received $2087.50 from the
surplus equipment sale held by the City of Leesburg. Those items
auctioned were a welder, two 1979 Dodge Pickup Trucks, and a 1973
GMC Pickup Truck. The NCR Cash Register was not sold, and was
returned to the City. .
COUNCIL MEMBER DUPEE'S REPORT
RUSTY WATER PROBLEMS AT THE PUBLIC SAFETY BUILDING
Council Member Dupee was looking into the glass of water that
was just poured, and asked if anything could be done about the
rusty water in the building.
City Manager Saunders explained that the entire building would have
to be replumbed in order to correct the problem and that it should
be considered at some future date.
As a point of information, Council Member Huff stated that he had
tapped into a forty year old, six inch water line on Minnehaha
Avenue, and it contained only a very thin coating of rust.
FLOAT FOR THE LAKE COUNTY CENTENNIAL PARADE
Mrs. Dupee reported that due to time constraints and the lack of
a hay wagon, the City of Clermont would not have a float in the
Lake County Centennial Parade.
Mrs. Dupee asked if it would be possible for Miss Clermont to
ride on the City's fire truck which would be in the parade. City
Manager Saunders stated that he would have to find out if this
would be possible.
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LAW ENFORCEMENT APPRECIATION WEEK
Council Member Dupee asked that a letter of appreciation be sent
to the Clermont Police Department for its fine service to the City.
City Manager Saunders stated that he would do so.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
87-097
As the City's representative to the East Central Florida Regional
Planning Council, Council Member Dupee recommended that the wording
in Policy 69.1 of the Regional Comprehensive Plan concerning Agri-
cultural Lands be changed by inserting "by,the local government"
after "... will be identified" to insure no misunderstanding as to
who will identify the agricultural lands.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO SEND A
LETTER TO THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL EX-
PRESSING THE CITY'S CONCERN AND ASKING THAT THE WORDING IN POLICY
69.1 BE CHANGED TO READ "PRIME AND UNIQUE AGRICULTURAL LANDS WILL
BE IDENTIFIED BY THE LOCAL GOVERNMENT AND.....
COUNCIL MEMBER HUFF'S REPORT
LAKE COUNTY BOARD OF COMMISSIONERS
As the City's Liaison to the Lake County Board of Commissioners,
Council Member Huff reported that the County had approved the
building of a factory on Hancock Road which would utilize a new
method for making building blocks, similar to to cement block,
which were formed, baked and cut into the appropriate shape with
piano wire. The new factory will eventually employ 125 people.
MAYOR POOL'S REPORT
It was reported that as of Friday, May 15, 1987, the County Court
House Annex would be discontinued. Mayor Pool stated that he was
surprised at this, and asked if the County Building Department was
also leaving.
City Manager Saunders stated that this was the first he had heard
of this, and that he would investigate the matter further and get
back with the Council.
NILSA WHITEHEAD'S REPORT
As Chairperson of the Parks and Recreation Commission, Mrs. Whitehead
reported that 40 Red Tops had been planted at the Chestnut Street Park,
and that she would like to thank the group of children who helped her
with this project.
Council Member Turville stated that Mrs. Whitehead had bought the
children lunch, spending forty dollars of her own money. He further
stated that he felt the City should reimburse her for this expenditure.
87-098
A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED TO REIMBURSE MRS. WHITEHEAD
FORTY DOLLARS FOR THE LUNCHES.
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May 12, 1987
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VISITORS WITH BUSINESS
CLERMONT CHURCH OF CHRIST - RESOLUTION H552 CONDITIONAL USE PERMIT
City Manager Saunders explained that the applicant was requesting
a Conditional Use Permit to establish a church on Grand Highway,
south of Hillside Avenue, and that the Planning and Zoning Com-
mission had recommended approval of the request with the condi-
tions as stated in Resolution H552.
It was further explained that Condition H2 would allow for grass
parking, as was requested by the Church. Condition HIl would
require an additional dedication of road right-of-way to provide
for a lOOt right-of-way along Grand Highway. The City Engineer
has recommended the additional right-of-way to ensure that the
City has adequate right-of-way for future improvements. Presently,
only 80' is required. Condition H12 would allow the sidewalk to
be constructed at the time the rest of the property to the west
is developed.
Mr. Wayne Guy, representing the Clermont Church of Christ, appeared
before Council and asked that the request be tabled. He stated that
the additional right-of-way requirement was of concern. At this time,
the right-of-way is 66'and an additional 34' would be needed to make
up the lOOt required in Condition HIl. The Church wished to purchase
a full two acres from the seller and consequently needed extra time
to complete negotiations.
87-099
A MOTION WAS MADEBY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
DUPEE AND UNANIMOUSLY CARRIED TO TABLE THE REQUEST UNTIL THE MAY 26,
1987 COUNCIL MEETING.
NEW BUSINESS
BID AWARDS
At this time Mayor Pool deferred to City Engineer Springstead to
explain the bid awards for the Lakeshore Drive and Lake Winona
Bridge projects.
City Engineer Springstead had previously presented each Council
Member with a recap sheet showing the bidders for each of these
projects. He explained that the City had received three bids for
Phase I-A of the reconstruction of Lakeshore Drive. Phase I-A
would include the area from Lake Winona Bridge, west to Johnson
Drive and from Fourth Street west to Penzance. The low bidder
for this part of the project was F & G Road Builders at a bid
of $108,727.25.
87-100
Mr. Springstead then reco~end awarding the bid for Phase I-A
to F & G Road Builders. rhe City has $117,400 budgeted in the
current year for this project.
City Manager Saunders explained that at this time, the City was
recommending deferring Phase I-B, which was bid as an alternate,
until next year to be included with the request for County Road
Impact funding.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED
TO AWARD THE BID FOR PHASE I-A TO F & G ROAD BUILDERS IN THE AMOUNT
OF $l08,727.25. PHASE I-B WILL BE DEFERRED UNTIL NEXT YEAR TO BE
INCLUDED WITH THE REQUEST FOR COUNTY ROAD IMPACT FUNDING.
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LAKE WINONA BRIDGE PROJECT
City Engineer Springstead stated that there was a discrepency in
the bids received for this project, and that he needed extra time
to analyze the bids. He further stated that he would like to go
back and review with K & L Contractors, the low bidders at this
time, to find out what the problem was. The original estimate
for the project was $82,000, and the low bid received was for
$173,000.
Some concern was expressed by K & L Contractors regarding a seawall
adjacent to the project, and possibly this has added to the construc-
tion costs.
87-101
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE
THE LAKE WINO~A BRIDGE AWARD AT THIS TIME, AND TO HAVE CITY ENGINEER
SPRINGSTEAD GO BACK AND CONSULT WITH K & L CONTRACTORS CONCERNING
THEIR BID.
VISITORS WITH BUSINESS CONTINUED
BYRON E. AND MARGARET BATCHELDER - REAR YARD VARIANCE REQUEST
Mr. Batchelder appeared before Council to request a variance for
a 21' rear yard where 25' is required for the construction of a
screen room. Photographs showing the rear his home under con-
struction in Hazelwood Subdivision were shown to the Council.
It was further stated that he wished to build a 12" x 10' covered
screen room for medical reasons as stated in the letter from the
Batchelders' doctor.
87-102
Mayor Pool called for comments from those present in the audience,
and no one spoke for or against the proposed variance.
City Manager Saunders explained that the Batchelders could utilize
the house's 3' overhang which would give them a 9' room, and the
remaining one foot could have a screened roof and no variance would
be required. He also pointed out that it was a new, recently con-
structed home and the medical hardship stated in the variance request
did not meet the criteria for a hardship.
Much discussion ensued concerning ways the screen room could be con-
structed without requiring a variance. After some further discussion,
A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY THE REAR YARD SETBACK
VARIANCE REQUEST FOR LOT 24, HAZELWOOD SUBDIVISION.
Mr. Batchelder then asked if he could build a 150 square foot
detached screened utility building in his back yard. City Attorney
Baird stated that he would have to research the zoning requirements
and that he would give his interpretation of those requirements to
City Manager Saunders. Mr. Batchelder was directed to contact
the City Manager concerning this request.
UNFINISHED BUSINESS
FINAL READING OF ORDINANCE l86-M
Bob Thompson, representing RDW, Inc., appeared before Council to
request the rezoning of Lot l, Sunnyside Terrace from R-3 to C-l.
The property is located on the southwest corner of Highway 50 and
Bowman Street. As stated during the introduction of the Ordinance
on April 14, 1987, the request was made in order to allow additional
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REGULAR '.COUNCIL MEETING
May 12, 1987
, Page -5-
signage fronting Highway 50 without having to request another .
variance to the sign ordinance. At that time, Mr. Thompson als~
stated that he might wish to h~~e.a florist shop or some other
type of retai~ business located in the building.
City Manager Ma1')ager Saunders stated that the Planning and Zoning
Commission had unanimously recommended denial of this request. .
Under the current R-3 zoning, 'the property may be used for single or
multi-family residential and professional offices. Under the proposed
C-l zoning, retail businesses and personal service establishments also
would be permitted.
Bob Thompson'produced a map of the City showing that all other.prop-
erties along Highway 50 were zoned Commercial, and abutted residential
properties. He also stated that he had counted twenty-three signs
from East Avenue to Winn Dixie Plaza.
City Manager Saunders stated that commercial property always has to
abut residential property somewhere, and produced a map showing that
other than one other professional office on Bowman Street, the entire
area around Lake Sunnyside from Bowman Street to East Avenue and from
Highway 50 to Minnehaha Avenue was developed as residential. He also
stated that it was the feeling of the Planning and Zoning Commission,
and the Staff opinion that an encroachment of commercial zoning into
this well-defined area would jeopardize the integr~ty of the area.
Mayor Pool stated that the area alo~g Highway 50 wJs zoned Commercial
and that he could not see why Mr. Thompson should be denied the right
to have the zoning and additional sign he was requesting.
Mayor Pool called for comments from those present. Pat McCaffrey'
and Cecil Smart, both stated that the favored the commercial zoning
because Highway 50 was a commercial road. Mr. Smart also stated that
he did not object to the additional sign because business owners
need to advertise.
It was pointed out that a letter of opposition to the request had been
received from Paul Roper who owns residential property on Lake Sunny-
side. A letter also was received from James "Bud" Meadows who owns
Sunnyside Plaza approving the request.
Nilsa Whitehead stated that she was opposed to granting the request
and that the City did not need any more signs cluttering Highway 50.
Council Member Turville expressed his opposition to the request,
stating that he was against jeopardizing the adjoining residential
property owners for a sign. He further stated that he believed
granting the request would do nothing but negatively impact the
residential properties on Lake Sunnyside. He continued by stating
that the City had already made many concessions to RDW, Inc. when
the office building was being constructed, such as requiring less
parking spaces and shorter spaces and granting a sign variance for
a sign which is located one foot from what would be allowed in C-l
zoning. He also pointed out that ingress and egress from the
building is difficult now.
City Manager Saunders pointed out that RDW, Inc. had purchased the
property zoned R-3, whereas, others bought with C-I zoning.
Council Member Dupee concurred with Mr. Turville and stated that
it would be very difficult. to make deliveries if the property was
developed other than for professional offices. She also stated
that she would rather do something about signage in a manner other
than rezoning the property.
....
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Council Member Cole asked Jack Sargent, a member of the Planning
and Zoning Commission who was present in the audience, his feelings
about the request. Mr. Sargent stated that personally he was
opposed to'rezoning the property to gain additional signage.
Mr. Cole then asked if certain things could be denied Mr. Thompson
if his request were approved. City Attorney Baird stated that you
could not make exceptions in the zoning ordinance for a certain
piece of property.
Council Member Huff stated that he believed that the highest and
best, use for the property in question was commercial. He further
stated that Mr. Meadows' property had not nega~ively impacted the
residential property in the area, and that the RDW, In~. property,
where located, would not either.
87-103
After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
AND SECONDED BY COUNCIL MEMBER DUPEE TO DENY THE REZONING REQUEST.
THIS MOTION FAILED BY A THREE TO TWO VOTE WITH COUNCIL "EMBERS HUFF
AND COLE AND MAYOR POOL OPPOSING THE DENIAL.
87-104
City Attorney Baird then advised that the motion should be restated
adopting Ordinance l86-M.
A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER COLE AND CARRIED BY A THREE TO TWO ROLL CALL VOTE TO ADOPT
ORDINANCE l86-M REZONING FROM R-3 TO C-I LOT l, SUNNYSIDE TERRACE,
WITH COUNCIL MEMBERS TURVILLE AND DUPEE VOTED NAY. THE ORDINANCE
WAS READ BY TITLE ONLY.
NEW BUSINESS CONTINUED
RESOLUTION H553 - INTERIM FINANCING EXTENSION
,
City Manager Saunders explained that due to delays in awarding a
bid for the Treatment Plant and Sprayfield Expansion Project, the
date of completion for the project had been ,moved back several
months to September of 1987. Interim financing for the project
will expire on on May 22, 1987, and Sun Bank has agreed to extend
the ,financing, with Resolution H553 providing for the extension.
87-105
A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION 1553 EXTENDING THE INTERIM FINANCING FOR THE TREATMENT
PLANT AND SPRAYFIELD EXPANSION PROJECT. THE RESOLUTION WAS READ
BY MAYOR PRO TEM TURVILLE BY TITLE ONLY.
SOUND SYSTEM FOR JENKINS AUDITORIUM
City Manager Saunders reported that the City had received three
bids for the sound system at Jenkins Auditorium as follows:
COMPANY
SYSTEM
ALTERNATE
(Wireless Microphone)
The Danforth Company
Sound Stage
Industrial Communi-
cations Company
$7,886.00
$8,447.50
$10,328.63
$1,539.00
$1,639.00
$l,938.08
The City's Consultant, Dave Thomas, of Jones/Thomas Electro Acoustics
Group, reviewed the bids and recommended award to the Danforth Company
for the sound system only. If a wireless microphone is needed, it
could be purchased at a later date.
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87-106
87-107
87-108
87-109
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Mr. Saunders continued by stating that Mr. Thomas had also recommended
acoustical treatment of the entire rear wall and the upper halves of
the side walls in the auditorium. He suggested that the City obtain
quotes from local suppliers for the materials and then do the installa-
tion work to cut costs.
Council Member Huff asked if the project had gone over-budget. City
Manager Saunders stated that the costs would be close to the amount
budgeted for the project.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO AWARD THE
BID FOR THE SOUND SYSTEM FOR JENKINS AUDITORIUM TO THE DANFORTH
COMPANY IN THE AMOUNT OF $7,886.00 ANDTO OBTAIN QUOTES FOR THE
PURCHASE OF ACOUSTIC TREATMENT FOR THE WALL.
RECLAIMITE PROJECT
Mr. Saunders reported that last year the City had begun a street
program using Reclaimite, a rejuvenating agent which extends the
life the pavement, and helps eliminate costly overlaying. It
has been planned to treat one-fifth of the City streets each year.
Only two companies in Florida do this type of work, and one bid
was received from Pavement Technology in the amount of $32,960.
$35,000 had been budgeted for the project.
Mayor Pool asked if this product had been tested for runoff, and
City Manager Saunders stated that there was no problem of that
nature with the product.
A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT THE BID OF PAVEMENT
TECHNOLOGY IN THE AMOUNT OF $32,960 FOR RECLAIMITE PROJECT.
1984 DODGE DIPLOMAT
City Manager Saunders stated that the City had received only one
bid from Bill's Auto Parts in the amount of $395.75 for the 1984
Dodge Diplomat Patrol Car which had been wrecked.
ORANGE CROP - HOOKS ROAD PROPERTY
It was explained that the City had received only one bid from
Dole Citrus in the amount of $3.35 per field box for the orange
crop located at the sprayfield' si te.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT
THE BID FROM DOLE CITRUS IN THE AMOUNT OF $3.35 PER FIELD BOX FOR
THE ORANGE CROP LOCATED AT THE HOOKS ROAD SPRAYFIELD SITE.
PUBLIC COMMENTS
TEACHER APPRECIATION WEEK
City Manager Saunders stated that he would like to mention that
it also was Teacher Appreciation Week.
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JAYCEE BEACH HOUSE
Cecil Smart asked when the beach house would be open, and City
Manager Saunders stated it would be open Memorial Day weekend.
FREEMAN LANE
Nilsa Whitehead stated that she had been approached by several
residents to see if something could be done about the deplorable
conditions in the Freeman Lane area.
City Manaager Saunders stated that Freeman Lane was a private
drive and that nothing could be done unless the residents wished
for it to become a City street.
Other problems in the area would have to referred to the Code
Enforcement Board.
There being no further business or discussion, the meeting
adjourned at 9:25 p.m.
~tI~
Ro ert A. poo{, Mayor
Attest:
City C erk