04-28-1987 Regular Meeting
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REGULAR COUNCIL MEETING
April 28, 1987
The Regular Meeting of the Clermont City Council was held Tuesday,
April 28, 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, Planning Director Perlick 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 April 14, 1987 meeting were approved as presented.
REPORTS
CITY MANAGER'S REPORT
SEMINOLE PARK
The Council was reminded that the dedication ceremony for Seminole
Park would be held Saturday, May 2, 1987, at 9:00 a.m.
SEAWALL PERMIT - JAYCEE BEACH
The Council was informed that after more than two years, the City had
finally obtained a permit from the Department of Natural Resources to
build a seawall at Jaycee Beach. After a cost estimate to build the
seawall is obtained, the matter will be brought back before Council.
SUPPORT FOR RESOLUTION H548
It was reported that Representative Everett Kelly, the Lake County
League of Cities and the ECFRPC had indicated their support of the
City's Resolution H548 recommending that the headwaters of the
Palatlakaha River remain under the jurisdiction of the St. Johns
River Water Management District.
LAKE APOPKA RESTORATION PROJECT - LAND EXCHANGE PROPOSAL
City Manager Saunders stated that he had been contacted by Mayor Bill
Boyd of Mount Dora asking the City's support of the land exchange pro-
gram for the restoration of Lake Apopka. Mucklands surrounding Lake
Apopka would be exchanged for state-owned muck lands located in the Lake
Okeechobee area. The land around Lake Apopka would then be turned into
a large marsh zone that would allow for the establishment of beneficial
aquatic vegetation and increased fish populations. Mr. Saunders then
asked the Council if it wished to support such a program.
Based upon the information presented, a lengthy discussion ensued. The
Council was reluctant to directly support the land exchange program
because there were no assurances that the same types of problems Lake
Apopka is experiencing would not be perpetuated by farming operations
in the Lake Okeechobee area.
City Manager Saunders pointed out that 8,000 acres on Lake Apopka
would be exchanged for land located in the 600,000 acre Everglades
Agricultural Area, which is presently being farmed.
It was the consensus of Council that the State should enforce existing
regulations and stop granting variances in order to stop farmers from
polluting any lake.
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Mayor Pool agreed with this position, but also asked if it would not
be better to swap the Lake Apopka land and have it turned into marsh
land, considering that the swap would take place in an area in the
Everglades already being heavily farmed.
Mayor Pool then asked how many cities currently supported the proposed
land exchange program. Although the exact figure was unknown, several
Lake County cities and other agencies have supported the proposal. He
then expressed his concern that if Clermont did not support the proposal
in some manner, other governmental agencies would not reciprocate with
their support in the future.
City Attorney Baird stated that the City could word its respose to
this proposal in such a manner as to support both viewpoints presented.
We should let the state know that we don't approve of the non-enforce-
ment or continued variances being granted to all farmers each year, and
also word it to add that this type of direction is something we want to
start looking at in terms of Lake Apopka improvements which would be of
benefit to all of us.
87-085 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED DIRECTING CITY
ATTORNEY BAIRD TO DRAFT A LETTER EXPRESSING THE CITY'S VIEWS, CONCERNS
AND ATTITUDE TOWARD THOSE RESPONSIBLE FOR POLLUTING OUR LAKES BY FARM-
ING TECHNIQUES WHICH THE STATE REFUSES TO ENFORCE, AND IF THEY THINK
THE LAND SWAP IS FEASIBLE AND THE STATE:' MANDATES WILL BE ENFORCED WHEN
THE SWAP IS MADE, THEN WE WILL SUPPORT THE LAND EXCHANGE PROPOSAL AT
THAT TIME.
COUNCIL MEMBER DUPEE'S REPORT
COOPER MEMORIAL LIBRARY
It was reported that the library had received $7,778 from the State
and $11,446.12 from the County for a total of $19,234.12 in grant
money.
SINGLE MEMBER DISTRICTS
It was reported that Council Member Dupee had been contacted by County
Commissioner Claude Smoak concerning discussion of the ramifications
of single-member voting districts at next Tuesday's County Commission
meeting.
SOUTH LAKE COUNTY DEVELOPMENT COUNCIL
It was reported that the Council would meet at NCNB at 7:00 p.m. on
Thursday night.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
A public hearing for final input into the regional Comprehensive
Plan will be held on Monday, June 16, 1987. Mrs. Dupee further
reported that there was a problem with semantics in the section
regarding Agricultural Lands which would have to be worked out,
and that it was the intent to make agricultural uses a part of
everyone's Comprehensive Plan.
City Manager Saunders stated that he had discussed this with
Jeff Jones of the ECFRPC, and he indicated that he had received
considerable input regarding this section and in all likelyhood,
it would be completely rewritten.
City Attorney Baird stated that the intent should be put in black
and white, if not, it gets interpreted differently after passage.
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COUNCIL MEMBER HUFF'S REPORT
HAY WAGON FOR CENTENNIAL PARADE
Council member Huff stated that he would have a hay wagon by the
end of the week for the City's Centennial float.
MAYOR POOL'S REPORT
CENTENNIAL FILM
Mayor Pool expressed his consternation over the fact that he had
viewed a twenty minute film on Lake County and there was nothing
mentioned about Clermont in the film.
TRACK TEAM
Mayor Pool congratulated the Clermont Track Team for its eleventh
District Championship.
NILSA WHITEHEAD'S REPORT
PARKS AND RECREATION COMMISSION
Mrs. Whitehead requested that Robert A. Pool, Jr. be appointed to
the Parks and Recreation Commission becuase of his work with the
the downtown beautification and Seminole Park projects.
Mayor Pool then appointed his son to the Parks and Recreation
Commission.
ALCOHOLIC BEVERAGE WARNING POSTERS
It was reported that the distribution and display of the warning
posters had received 99% cooperation from the merchants of Clermont.
FUN FESTIVAL
It was reported that the Fun Festival was being planned for the first
Saturday in May of 1988.
CHILDREN AT PLAY SIGNS
Mrs. Whitehead requested that "Children Playing" signs be placed
at the Seminole and Chestnut Street Parks. City Saunders stated
that he would take care of this matter.
SEMINOLE PARK DEDICATION
Mrs. Whitehead also invited those present to the dedication of
Seminole Park.
VISITORS WITH BUSINESS
KATHY ASMANN - SOUTH LAKE YMCA
It was reported that the YMCA has one option period remaining for the
lease of the old library building located at 630 West DeSoto Street.
The lease option period runs from May 1, 1987 to April 30, 1988.
Mrs. Asmann appeared before Council requesting that the lease amount
remain at $101 per month for the final option period. She also
requested use of the Highlander Hut for the YMCA Summer Day Camp, at
a fee of $10 per week for a period of eight weeks.
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87-086' A MOTION WAS SMADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER
HUFF AND UNANIMOUSLY CARRIED TO CONTINUE THE LEASE WITH THE YMCA FOR
THE OLD LIBRARY BUILDING LOCATED AT 630 WEST DESOTO STREET FOR A PERIOD
OF ONE YEAR BEGINNING MAY, AT A FEE OF PER MONTH. THE YMCA
WAS LSO GIVEN PERMI ION TO USE THE HIGHLANDER HUT FOR EIGHT WEEK OF
SUMMER DAY CAMP AT A FEE OF $lO PER WEEK.
MIKE HOSKINSON - REQUEST FOR VARIANCES TO THE SIGN ORDINANCE
It was reported that Mr. Hoskinson was requesting two variances to
the sign ordinance in order to install a barber pole at his new
location on Minneola Street. Under the City's sign ordinance a
barber pole is considered a projecting sign and must be placed not
less than 8' above ground level. The requests are to place the
barber pole 5' above grade and to allow a rotating sign.
It was pointed out that the same variances had been granted when
Mr. Hoskinson opened his shop on Montrose Street.
87-087 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
DUPEE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE RE~UESTS TO
ALLOW THE ROTATING BARBER POLE TO BE PLACED FIVE FEET BOVE GRADE.
UNFINISHED BUSINESS
FINAL READING OF ORDINANCE 182-M
City Manager Saunders explained that this ordinance was introduced
at the first meeting in February and includes three amendments to the
City's Future Land Use District Map and criteria of the City's Compre-
hensive Plan.
ITEM HI.
Mr. Saunders further explained that Item HI of the Ordinance is being
requested by J.E. Holland of Holland and Associates, Inc. The request
is to add as permitted uses for District UD-5, nursing facilities, pro-
fessional offices, and retail businesses. An increase in density to
12 units per acre was also requested.
The Planning and Zoning Commission and the Staff recommended approval
of this amendment, but only as part of a Planned Unit Development.
The recommended wording for this amendment was then read, and is as
follows:
1. Add as permitted Land Uses for District UD-5:
A. Nursing home facilities, professional offices and
retail businesses, as a Planned Unit Development only.
B. New residential development will be limited to a maximum
of eight (8) dwelling units per acre, except under a
Planned Unit Development, when an increase of up to
twelve (12) units an acre could be considered.
Mayor Pool then called for comments from those present, and no one
spoke for or against the proposed amendment.
Under Council discussion, it was the consensus that the higher
density be considered only under a Planned Unit Development.
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87-088 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED TO LEAVE ITEMIl IN THE ORDI-
NANCE AS PRESENTED.
ITEM H2.
Mr. Saunders explained that Item H2 would change the east side of
East Avenue, south to and including Lot 18, Block 9, Sunnyside Unit
and north to Highway 50 from Land Use District ERD-2 to Land Use
District NED-3, in order to allow professional offices in the area
under R-3 zoning. This amendment was recommended for approval by
the Planning and Zoning Commission during previous revision of the
Comprehensive Plan, but was not approved by Council.
It was pointed out that the only possible drawback to allowing
this change would be opening the strip to the possibility of a
request to rezone the property to C-l, whereas now it can only
be residential.
Mayor Pool called for comments from those present in the audience,
and Mrs. Pat (Don) McCaffrey spoke in favor of the request.
The McCaffreys own the two lots closest to Highway 50, which are
presently zoned R-3. Mrs. McCaffrey stated that she doubted, if
the request was not approved, that the lots could ever be developed
as residential at that location.
Council Member Turville questioned the access from the property if
it were developed as professional offices, and stated his concern
over this type of development. He also asked how much frontage
there was on Highway 50 and East Avenue.
Mrs. McCaffrey stated that there was 75' on East Avenue and 140'
on Highway 50, and that a curb cut had been placed on East Avenue
by the Department of Transportation. Council Member Turville
then asked how far this curb cut was from the corner, and City
Manager Saunders stated that it was approximately 30' to 35' south
of the intersection. Mr. Turville reiterated his concern over
the traffic problems which could be caused by this type of develop-
ment.
It was explained that the driveway for the office building located
on the southwest corner of Bowman Street and Highway 50 was only
40' from Highway 50, and there were no apparent traffic problems
at this location. Council Member Huff pointed out that East Avenue
was wider than Bowman Street, which would be a definite advantage.
Mrs. McCaffrey concluded by stating that if the requested change
was not made, it would tie their (the McCaffreys) hands for future
development of the property.
Mayor Pool stated that he had been contacted by Mr. Holloway who
owns property adjacent to the McCaffreys, and he had expressed
his concern that he might not be able to sell his property if
the property were changed from R-3.
Council Member Turville stated that he was opposed to the change
because of increased traffic on East Avenue.
87-089
After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE
VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY, TO LEAVE ITEM 12 IN
THE ORDINANCE AS STATED.
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ITEM H3.
City Manager Saunders explained that Item H3 was a Staff recommended
amendment which would add retail trade as a permitted use in District
NED-3. NED-3 includes the C-l area along Highway 50 from East Avenue
to Sunset Lake. Most likely, retail trade was omitted when the ori-
ginal Comprehensive Plan was typed, and should be permitted in this
area.
Mayor Pool called for comments from those present, and no one spoke
for or against the proposed amendment. Mr. Arthur Everly asked
that the amendment be considered at a later date, and offered
suggestions that access to parcels between Fifth and Sixth Streets
and East Avenue and Eighth Streets on the south side of Highway 50
be limited to the rear of the properties, in order to limit
traffic entering and exiting from Highway 50.
87-090 There being no further discussion of this proposed amendment,
A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
DUPEE AND UNANIMOUSLY CARRIED TO LEAVE ITEM 13 IN THE ORDINANCE AS
STATED.
Dealing with this subject, it was mentioned that the State of Florida
Department of Community Affairs and the East Central Florida Regional
Planning Council had reviewed the proposed amendments and stated no
objections to or conflicts with regional goals or statutory requirements.
87-091 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l82-M
AS PRESENTED. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL.
NEW BUSINESS
RESOLUTION NO. 551
It was explained that this Resolution amends Resolution H40l concerning
fees for impounded animals. The only change is the charge for a rabies
vaccination- which has increased from $7 to $8.
87-092 After a brief discussion of animal impoundment procedures, A MOTION
WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HUFF AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 155l.
INTRODUCTION OF ORDINANCE 25l-C - AMENDING CHAPTER 23, TRAFFIC
City Manager Saunders explained that this ordinance would amend the
City's parking violation ordinance to provide for the enforcement
of non-paid tickets through the Traffic Violations Bureau of the
County Court. Previously, a warrant had to be issued for a person's
arrest if a parking ticket was ignored. This change will facilitate
the collection system and provide for an appeal process through the
County Court.
Along the same lines, City Manager Saunders announced that the
clarification and conversion of the City's ticket books was
taking place in order to allow for the issuance of tickets to
those parking in handicapped parking spaces in our local shopping
centers, and should be complete next week. The fine for this
type of violation will be $25.
87-093 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY
COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 25l-C.
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BUDGET AMENDMENT
It was explained by City Manager Saunders that due to increased
reporting requirements mandated by the State for the City's annual
audit and the additional schedules prepared and included in the
annual audit, the auditors have requested a a $2,000 increase in
the audit fee for this year. Mr. Saunders recommended approval
of the request because of the additional mandated requirements
and the fact that the auditors make themselves available for
consultation throughout the year at no additional charge.
87-094 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED
TO PPROVE THE BUDGET AMENDMENT IN THE OUNT OF , WITH MONEY
COMEING FROM GENERAL FUND RE ERVE TO THE FINANCE DEPARTMENT BUDGET.
SURPLUS EQUIPMENT
It was explained that following equipment should be declared surplus
and included in the upcoming Leesburg City Auction:
Forney Welder Model F230
1979 Dodge Truck D14AN95l70654
1979 Dodge Truck D14AN95l70653
1973 GMC Truck TAX143A5f0162
NCR Cash Register Model 2140
It was also requested that a 1984 Dodge Diplomat which had been
used as a patrol car and was involved in an accident be declared
surplus so that it could be put up for bids as spare parts. The
car was so badly damaged that it could not be repaired.
87-095 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DECLARE
THOSE ITEMS LISTED ABOVE SURPLUS AND PLACED IN THE LEES BURG AUCTION,
EXCEPT THE 1984 DODGE DIPLOMAT WHICH WILL BE ADVERTISED FOR BIDS.
CHANGE ORDER H3
This matter had been previously tabled in order to allow further
investigation of Item H4, which listed additional pipe and fittings
at $22,000.
City Manager Saunders explained that Change Order H3 includes five
changes which result in a net increase of $10,765 to the contract
for the Sewage Treatment Plant expansion. Each of the five changes
were explained in detail, and it was pointed out that Item H4 had
been decreased from $22,000 to $16,000. City Manager Saunders
then asked Finance Director Van Zile for an update on the total
contract for this project.
Mr. Van Zile reported that originally the City's share of the project
costs was $79,000. However, this figure now stands at approximately
$27,000 due to an increase in our EPA grant of $65,000 and a net
increase in project costs of $13,000.
Presently, total project costs stand at $l,976,000, if Change Order
H3 is accepted. Funding for the project is coming from an EPA Grant
in the amount of $1,063,000 (includes EPA grant amendment of $65,000)
and a FmHA bond in the amount of $885,900 for a total of $1,948,900
to complete the project.
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In conclusion, Mr. Saunders explained that the increase in grant
money had come from Innovative Technology Funds, with Springstead
Engineering, Inc. incorporating innovative technology into the
project.
87-096 There being no more discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO
ACCEPT CHANGE ORDER #3 AS PRESENTED, RESULTING IN A NET INCREASE IN
CONTRACT PRICE OF $10,765.
PUBLIC COMMENTS
TRAFFIC PROBLEMS ON BROGDEN DRIVE
Vernon Jensen and Marcella Peper appeared before Council to ask if
something could be done to restrict truck traffic on Brogden Drive.
They commented that garbage falls from trucks and litters their
yards and in general most trucks exceed the speed limit.
Council Member Huff stated that when Lakeview Hills was subdivided,
Brogden Drive was built wider to be an arterial road to take traffic
from Hook Street.
Much discussion ensued concerning the problems mentioned. Although
truck traffic cannot be restricted, if the name of the company littering
is noted, they can be asked to pick up what is dropped. As for traffic
enforcement, City Manager Saunders stated that he would look into this
matter.
There being no further business or discussion, the meeting adjourned
at 9:00 p.m.
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Ro er A. Poo -, Mayor
Attest:
~4ar;t. City Clerk