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04-14-1987 Regular Meeting ~ I 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. e e ~ ~ It /987 REGULAR COUNCIL MEETING Page -2- 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. e e REGULAR COUNCIL MEETING April 14, 1987 Page -3- 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. e e REGULAR COUNCIL MEETING April 14, 1987 Page -4- 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. e e REGULAR COUNCIL MEETING April 14, 1987 Page -5- 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 e e REGULAR COUNCIL MEETING April 14, 1987 Page -6- 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. e e REGULAR COUNCIL MEETING April 14, 1987 Page -7- 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 e e REGULAR COUNCIL MEETING April 14, 1987 Page -8- 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. e e REGULAR COUNCIL MEETING April 14, 1987 Page -9- 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. ~ t2f~ Ro ert A. Poo , Mayor- Attest: ~Er/z J! . V Z i 1 e ,. City Clerk