04-14-1987 Regular Meeting
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REGULAR COUNCIL MEETING
April 14, 1987
The Regular Meeting of the Clermont City Council was held Tuesday,
April 14, 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 Huff, Council
Member Dupee and Council Member Cole.. 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 Workshop Meeting held March 18, 1987 and the
Regular Meeting held March 24, 1987 were approved as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
INTERSECTION OF SEVENTH AND MONTROSE STREETS
City Manager Saunders reported that it was difficult to see traffic
approaching from the west at the intersection of Seventh and Montrose
Streets and proposed the installation of four-way stop signs as a
method of alleviating the traffic problem.
87-071
Council Member Dupee stated that she had received a similar complaint
concerning the intersection of DeSoto and Seventh Streets, and asked
that consideration be given to placing four-way stop signs there.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO INSTALL
FOUR-WAY STOP SIGNS AT THE INTERSECTION OF SEVENTH AND MONTROSE STREETS.
At the suggestion of Council Member Turville, it was the consensus of
Council to place a notice of the change in the newspaper.
LAKESHORE DRIVE EASEMENT
Dealing with the subject of an easement needed at 625 Lakeshore Drive
to enlarge the radius of a 900 curve, City Manager Saunders stated
the the owners of the property would be willing to grant the easement
in exchange for permission to pump water out of Lake Winona or if
the City would guarantee a continuing water supply for irrigation
purposes. Mr. and Mrs. Brent will not take a cash settlement for
the easement.
During the March 18, 1987 Workshop Meeting this request was discussed
in detail, and it was pointed out that the City's resolution prohibit-
ing the crossing of city-owned property to pump water from any internal
lakes would prohibit granting this request. Mr. Saunders then stated
that the Council must decide if Lake Winona is an internal lake.
Council Member Turville stated that he believed that if the curve was
improved, people would just go faster on Lakeshore Drive. Mayor Pool
agreed, but stated that now was the time to make the improvements as
recommended by City Engineer Springstead.
City Manager Saunders stated that the City Engineer had recommended
increasing the curve because two cars have difficulty getting by
each other at this point.
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REGULAR COUNCIL MEETING
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Citr. Attorney Baird was then asked by Council for his interpretation
of 'internal lakes", and he stated that the internal lakes were those
within the City limits, excluding Lakes Minnehaha and Minneola.
In view of the foregoing, Council was informed by Mr. Baird that an
exception could be made for this one property owner and still keep
the City's policy intact.
87-072 After considerable discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND CARRIED BY A FOUR TO ONE
VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY, TO ALLOW MR. AND MRS.
JOHN G. BRENT OF 625 LAKESHORE DRIVE TO PUMP WATER FROM LAKE WINONA
FOR IRRIGATION PURPOSES ONLY IN EXCHANGE FOR THE EASEMENT NEEDED TO
INCREASE RADIUS OF THE 900CURVE ON LAKESHORE DRIVE.
SOUTH LAKE ARTS AND CULTURAL COMMITTEE
It was reported that the Arts and Cultural Committee would like to
bring the South Florida Theatre Company to Clermont in January of
1988 to present "A Mid-Summer Night's Dream", contingent upon a
two-thirds State Grant to help pay for the performances.
The committee is asking that the city approve a contract and send
in a deposit of $1,420 for this presentation, with the deposit pay-
ment being reimbursed from proceeds from ticket sales. Money for
the deposit could be reallocated from Parks and Recreation Capital
Outlay.
87-073 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ENTER
INTO A CONTRACT WITH THE SOUTH FLORIDA THEATRE COMPANY WITH THE
CITY PAYING A DEPOSIT OF $1,420, CONTINGENT UPON A TWO-THIRDS GRANT
FROM THE STATE. MONEY FOR THE DEPOSIT WILL BE REALLOCATED FROM
PARKS AND RECREATION CAPITAL OUTLAY FUND. THE CITY WILL BE
REIMBURSED FOR THE DEPOSIT FROM PROCEEDS FROM TICKET SALES.
SPRAYFIELD SITE
City Manager Saunders stated that he had been contacted by an
individual who asked to purchase in bulk the oranges at ,the new
sprayfield site, and asked the Council if they wished to sell
them.
After a brief discussion, it was the consensus of Council that the
City either advertise the oranges for sale locally or contact area
citrus buyers in order to obtain the best price for the oranges.
LEAGUE OF CITIES QUARTERLY DINNER MEETING
It was reported that the City of Clermont would be hosting the
quarterly dinner meeting on April 29, 1987 at the Citrus Tower.
PRIORITY POLLUTANT DETERMINATION TEST
87-074
It was reported that in 1984 the City tested its water supply
for pollutants such as EDB and Temik, and would like to start
testing on an annual basis at a cost of $1,000 per.year. The
priority pollutant determination test would be used in addition
to those normally required by the State.
After talking briefly about this test, A MOTION WAS MADE BY COUNCIL
MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY
CARRIED TO MAKE THE PRIORITY POLLUTANT DETERMINATION TEST AN ANNUAL
TEST AT A COST OF $l,OOO PER YEAR.
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FINANCE DIRECTOR VAN ZILE'S REPORT
OLD COMPUTER SYSTEM
Mr. Van Zile reported that the City would like to declare its old
computer system surplus and sell it to NCR for $1057. The old
system is slow, very costly to maintain, and of no value except
possibly for parts. Presently, the computer is on loan to Tavares
because their old system could no longer be repaired and a machine
was needed until such time as that City could go on a new system.
87-075 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DECLARE
THE alSO COMPUTER SYSTEM SURPLUS AND ACCEPT THE $l057 FROM NCR.
COUNCIL MEMBER DUPEE'S REPORT
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
It was reported by Mrs. Dupee that Regional Comprehensive Plan
would be approved by the full Council on April 22, 1987, and
that she had been appointed to the Finance Committee of the
Council.
COUNCIL MEMBER COLE'S REPORT
CHAMBER OF COMMERCE SCHOLARSHIP
Council Member Cole stated that during the last meeting of the
Clermont Chamber of Commerce action was taken to set up a
scholarship fund in the amount of $1,000. Mr. Cole then deferred
to Mr. Cecil Smart for an explanation of the proposed program.
Mr. Smart explained that $1,000 had been put in a trust fund to
award an annual scholarship of $500. Criteria for selecting a
recipient was presently being determined, with suggested require-
ments being at least a 2.5 grade point average and a written
essay on business. More information will be available at a later
date.
NILSA WHITEHEAD'S REPORT FROM THE PARKS & RECREATION COMMISSION
It was reported that the week of April 12 through the 18th would
be Clean Up Green Up Week in Clermont. Extra trash pick ups have
been scheduled for this week.
Mrs. Whitehead thanked the members of the Clermont Future Farmers
of America for planting the decorative grass around the trees in
downtown Clermont.
The Council was informed that Seminole Park would be dedicated on
Saturday, May 2, 1987, and all those present were urged to attend
the ceremony.
KATHERINE POOL - VARIANCE REQUEST
Before any discussion of this request took place, Mayor Pool
declared a conflict of interest because Katherine Pool is his
sister-in-law.
Mrs. Pool was present and requested a side yard setback variance
from the required 25' to l4' for Lot 19, Block 77 in order to
construct a home on the 50' x ISO' lot. This lot was grandfathered
in, and the 14' setback will be in line with homes to the south.
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Without the variance any house built on the lot would be limited
to a 17.5' building width.
87-076
Mayor Pool called for comments from those present in the audience
and no one spoke for or against the request.
It was the consensus of Council that a definite hardship was
present, and after a brief discussion, A MOTION WAS MADE BY COUNCIL
MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED,
WITH MAYOR POOL ABSTAINING FROM VOTING DUE TO A CONFLICT OF INTEREST,
TO GRANT THE REQUESTED SIDE YARD SETBACK VARIANCE FROM THE REQUIRED
25' TO l4' FOR LOT 19, BLOCK 77 CLERMONT CITY BLOCKS. .
STEPHEN D. LEE - VARIANCE REQUESTS
Mr. Lee appeared before Council to request the following variances
for his property located at the northeast corner of Seventh Street
and Highway 50: (I) 12' rear yard setback where 25' is required,
(2) 38' front yard setback where 50' is required, (3) 2' landscape
barrier where 5' is required, (4) allow ground cover along Seventh
Street and Highway 50 in place of the required hedge, and (5) to
allow 14 parking spaces instead of the required 15. Mr. Lee needs
the variances in order to construct an office building on the
property. All of the variances had been previously approved by
Council, but the one year time limit to complete the project has
expired.
Mayor Pool called for comments from those present in the audience.
Mr. and Mrs. Robert Turley whose property abuts the proposed project
asked if something could be done to block the view of the garbage
dumpster from their home.
It was suggested that a six foot wooden fence be constructed to
screen the view, and that the buffer hedge be planted outside of the
fence. The Turleys and Mr. Lee concurred with this recommendation.
No one else spoke for or against the project.
It was also explained that the St. Johns River Water Management
District must now approve the project's water retention area, and
construction should begin by Mayor June.
87-077 There being no further discussion, A MOTION WAS MADE BY COUNCIL
MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY
CARRIED TO GRANT THE VARIANCES AS REQUESTED BY MR. LEE AND
PREVIOUSLY APPROVED. A SIX FOOT FENCE WILL BE CONSTRUCTED TO
SCREEN THE VIEW OF THE GARBAGE DUMPSTER FROM THE ADJACENT PROPERTY.
BUD MEADOWS - RESOLUTION NO. 549 REQUEST FOR A CONDITIONAL USE PERMIT
Mr. Meadows, owner of Sunnyside Plaza Shopping Center, appeared before
Council to request a Conditional Use Permit to allow a church to occupy
that part of the center previously leased to Clermont Gun and Tackle.
Mr. Meadows also presented each Council Member with a site plan for
the proposed church.
It was further stated that the church planned in excess of $10,000
in renovations to the shopping center and would like to be allowed
to stay in the shopping center three years, not one year as stated
in Item #9 in the Conditional Use Permit.
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City Manager Saunders explained that the Planning and Zoning
Commission had added Item H9 to the Conditional Use Permit because
of their concern over the City's ordinance which prohibits the
establishment of a new business that sells alcoholic beverages
within 500 feet of a church. The location of the church in the
shopping center could cause future problems for surrounding
commercial properties.
The Commission approved the request by a five to three vote, and
recommended that the City Council review the ordinance regarding
the 500' distance regulation.
Mayor Pool called for comments from those present and no one spoke
for or against the proposed request.
Council Member Huff stated that he definitely did not want to
jeopardize any new retail businesses by locating the church in
the shopping center.
City Attorney Baird stated that he would review the ordinance and
write an amendment for future consideration by Council, so that
the 500' restriction would not apply in the area of commercial
development.
87-078 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED
BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 549, AS AMENDED, GRANT -
ING A CONDITIONAL USE PERMIT TO ALLOW A CHURCH TO OCCUPY A PORTION
OF A BUILDING IN A C-2 GENERAL COMMERCIAL DISTRICT. CONDITION #9
WAS AMENDED TO ALLOW THE CHURCH TO REMAIN IN THE SHOPPING CENTER
FOR TWO YEARS, AT WHICH TIME THE COUNCIL WILL AGAIN REVIEW THIS
REQUEST.
FIRST UNITED METHODIST CHURCH - RESOLUTION NO. 550 REQUEST FOR A
CONDITIONAL USE PERMIT
Bob Smythe, Vice Chairperson of the Board of Trustees of the First
United Methodist Church, appeared before Council to request a
Conditional Use Permit to establish an additional parking lot on
the southwest corner of Broome and Seventh Streets and a new play-
ground on the southeast corner of Broome and Seventh Streets.
It was explained that the they are requesting the parking area to
be grass parking and to allow phasing. As stated, conditions HlO
and 15 would allow phasing and final design, subject to the City
Engineer's approval.
The P&Z unanimously recommended approval of this request.
Mr. Smythe stated that the Church wanted to construct up to a 10'
high chain link fence with a buffer hedge along the south property
line of the proposed playground instead of the six foot wood fence
as listed in condition Hll. He stated that a six foot fence may not
keep balls from going on the Turley's property.
After a brief discussion, the Turleys agreed with Mr. Smythe's
request for the chain link fence and buffer hedge.
87-079 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY
ROLL CALL VOTE TO ADOPT RESOLUTION NO. 550, AS AMENDED, GRANTING
A CONDITIONAL USE PERMIT TO ESTABLISH AN ADDITIONAL PARKING LOT
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11. .
AND PLAYGROUND FOR THE FIRST UNITED METHODIST CHURCH. CONDITION
#11 WAS AMENDED TO READ UP TO A 1U FOOT CHAIN LINK FENCE WITH A
VEGETATIVE BUFFER ON THE OUTSIDE OF THE FENCE.
The Resolution was read by title only.
BOB WADE - REQUEST TO CONSTRUCT AN UNPAVED ROADWAY
Mr. Wade appeared before Council to request a development permit
for construction of an unpaved road running from the clay mine
on the east end of his property, between the two sections of
Jacks Lake and west to Grand Highway. The permit is needed for
the approximately 60' of roadway which will be constructed in
the floodplain between the two sections of lake.
Mayor Pool stated that work had taken place in the floodplain
without a permit. Several months ago Mr. Wade had been notified
that a permit was needed for the floodplain area, and was notified
again prior to fill being placed there.
City Manager Saunders informed the Council that it appeared approxi-
mately one foot of fill dirt for the road bed had been placed in the
floodplain area after the meeting with Mr. Wade.
Mr. Wade stated that no fill had been brought in and work on the
project has been stopped for about six weeks. He stated that he
had been out of town, and apologized if dirt had been brought in
while he was gone. It was further stated that existing dirt had
been moved around.
It was explained that a plan had been submitted by Mr. Wade which
was approved by City Engineer Springstead. The plan specifies
that approximately two feet of fill and clay will be brought in
providing a sixty foot wide road bed. Culverts would be placed
under the road to allow a flow of water between the two sections
of lake should there be flooding.
Council Member Turville then asked Mr. Wade if the road was not,
in fact, completed except for installing the culverts.
Mr. Wade stated that road was not completed because no fill had
been brought in and the two culverts had to be installed yet.
At this point in the meeting a power failure occurred and a recess
was called for approximately ten minutes. The meeting resumed at
8:50 p.m.
Council Member Turville then stated that he believed that no road
should be allowed to cross the lake bottom because the road will
then act as a levy, impeding the flow of water between the two
sections of the lake. He further stated that he believed the road
should go around the south end of Jacks Lake. Mr. Wade stated
that he did not own the property on the south end of the lake.
It was pointed out that the City Engineer made no recommendations
about the road, just what should be done if one was put there. He
did not give his approval of the road or say it should or should
not be located between the sections of the lake. The St. Johns
River Water Management District would become involved only if
the road is paved.
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In relation to this, Council Member Turville stated that if the
road was paved and be~ame a City street, the City would inherit
numerous problems.
Much discussion ensued concerning water runoff from Highway 50
and the quality of water in Jacks Lake. Mr. Wade stated that
the Highway 50 runoff goes in the first section of the lake.
Mayor Pool stated that he recently had fished there and had
no luck. He proposed that the water quality be checked and
consideration be given to not installing culverts which may
allow polluted water to go into the other section of the lake.
A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO DENY THE PERMIT.
This motion then died for lack of a second.
Mrs. Whitehead, Mr. Berry and Mr. Denslow, who were present in the
audience, all opposed the issuance of the permit. Mr. Berry asked
if there were no penalties for working without a permit.
Mayor Pool explained that the penalty would be double the fee, but
there was no fee for the development permit.
Council Member Turville reiterated his position concerning the
road and A SECOND MOTION TO DENY THE PERMIT WAS MADE.
This motion also died for lack of a second.
87-080
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 GRANT THE PERMIT
FOR THE UNPAVED ROAD WITH NO VARIATIONS FROM CITY ENGINEER SPRING-
STEADS SPECIFICATIONS.
NEW BUSINESS
INTRODUCTION OF ORDINANCE l86-M - REZONING REQUEST
Bob Thompson, representing RDW, Inc., appeared before Council to
request the rezoning of Lot 1, Sunnyside Terrace from R-3 to C-2.
This is the location of the Clermont Office Center on the corner
of Bowman Street and Highway 50.
Mr. Thompson stated that he was making this request in order to
be allowed an additional sign fronting on Highway 50, without
having to request another variance. He also stated that he might
wish to have a florist shop or some other type of retail business
located in the building. R-3 zoning allows professional offices,
but no retail businesses.
City Manager Saunders pointed out that the variance for the existing
sign allows it to be located within five feet of a Highway 50 frontage
sign. If the zoning were changed, Mr. Thompson would then have two
Highway 50 frontage signs located on his property.
C-2 zoning would allow commercial activity such as retail sales,
personal service establishments, automotive services, restaurants
and bars. Mr. Huff asked if Mr. Thompson would change his request
from C-2 to C-l. Mr. Thompson stated that this would be acceptable.
At their March 3rd meeting the P&Z unanimously recommended denial of
this request because of the effects it could have on the surrounding
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residential development to the south and west.
87-081
A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY MAYOR POOL
TO INTRODUCE ORDINANCE l86-M CHANGING THE REQUESTED ZONING FROM C-2
TO C-l.
INTRODUCTION OF ORDINANCE l84-M
City Manager Saunders reported that Mrs. Opal Bailey had withdrawn
her request to close Eleventh Street from the south right-of-way line
of Minnehaha Avenue to a point 235' south of said right-of-way.
INTERN PROGRAM
City Manager Saunders stated that this request by the Chamber of
Commerce and the South Lake Economic Development Council had been
withdrawn because no other interns are available for this area at
this time. An application will be made at a future date.
LEASE AGREEMENT
It was explained by City Manager Saunders that Mike Hoskinson
proposes to lease the city-owned building at the corner of Eighth
Street and Minneola Avenue for a Barber Shop. The lease is for two
years with payments of $200 per month, and a two year option subject
to a renegotiated lease amount.
87-082 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ENTER INTO
A TWO YEAR LEASE AGREEMENT WITH C. MICHAEL HOSKINSON IN THE AMOUNT OF
$200 PER MONTH WITH A A TWO YEAR OPTION PERIOD, SUBJECT TO A RENEGOTIA-
TED LEASE AMOUNT FOR THE CITY OWNED BUILDING LOCATED AT THE CORNER OF
EIGHTH STREET AND MINNEOLA AVENUE.
CHANGE ORDER
City Manager Saunders explained that Change Order H2 is for Contract
HI which is the rebuilding of Lift Station H6. The request is for a
change in piping which results in a decrease of $211.
87-083 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER
HUFF AND UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDER 12 FOR CONTRACT
Il RESULTING IN A DECREASE OF CONTRACT IN THE AMOUNT OF $211.
It was also explained that the Lift Station H6 project was scheduled
for completion, but due the rain days and a piping problem a nineteen
day extension was being requested for the project.
87-084
A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
COLE AND UNANIMOUSLY CARRIED TO GRANT THE NINETEEN DAY EXTENSION FOR
CONTRACT II.
PUBLIC COMMENTS
CHAMBER OF COMMERCE
Cecil Smart, a member of the Board of Directors of the Clermont
Chamber of Commerce, inquired as to the City's contribution to
the Chamber for the coming year. City Manager Saunders stated
that a representative of the Chamber was welcome to come to
the City's budget meetings which will begin in July.
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MINNEOLA HARBOUR PROJECT
Howard Berry, who was present in the audience, expressed his
concern that the City of Clermont would not retain its small
town character if the property located on the northern shore
of Lake Minneola for a new development to be known as Minneola
Harbour is annexed into the City.
City Manager Saunders and Council Member Huff briefly explained
the City's position in this matter.
There being no further business or discussion to come before
the Council, the meeting adjourned at 9:25 p.m.
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Ro ert A. Poo , Mayor-
Attest:
~Er/z
J! . V Z i 1 e ,.
City Clerk