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03-24-1987 Regular Meeting e e REGULAR COUNCIL MEETING March 24, 1987 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, March 24, 1981 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, City Planner 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 March 10, 1987 meeting were approved with the following change: On page five under H. Griffis - Open Air Sales Permit, the motion to deny the permit was made by Council Member Turville, not Council Member Huff. REPORTS CITY MANAGER SAUNDERS' REPORT SPECIFICATIONS FOR SOUND SYSTEM AT JENKINS AUDITORIUM It was reported that the City Manager would be meeting with David Thomas on Thursday to finalize the plans and specifications for the sound system at Jenkins Auditorium, and would proceed with advertising for bids. WORKSHOP City Manager Saunders stated that he would like to hold a Workshop on Wednesday, April 8, 1987, to discuss the Interlocal Planning Agreement and the Preliminary Area of Concern. After some discussion, it was the consensus of Council to hold the Workshop at 6:00 p.m. on that date. LAKE COUNTY LEAGUE OF CITIES BOARD OF DIRECTORS MEETING The Council was reminded that the Lake County League of Cities Board of Directors Meeting would be held at 11:45 a.m. on Friday, March 27, 1987 at the Waterfront Restaurant in Tavares. Mayor Pool stated that since Council Member Dupee could not attend the meeting, he would be going in her place. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL It was reported that the East Central Florida Regional Planning Council was in the process of revIsIng its Comprehensive Plan and would be holding Workshops for the next three consecutive weeks at their office in Winter Park. The meetings will be held on Monday and Wednesday the first two weeks and on Monday and Thursday the third week. SOUTH LAKE ART LEAGUE City Manager Saunders stated that he had received a letter from Rose Stasuk of the South Lake Art League asking if the City wished to participate, as it had last year, in the "Big Draw" Art Show by donating $50 for a merit award. e e REGULAR COUNCIL MEETING March 24, 1987 Page -2- 87-059 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DONATE $50.00 FOR A MERIT AWARD TO THE SOUTH LAKE ART LEAGUE. COUNCIL MEMBER DUPEE'S REPORT BLOWING CLAY Council Member Dupee stated that she had received complaints of clay blowing into homes from the clay pits on the east side of town. LAKE COUNTY CENTENNIAL FLOAT 87-061 Steve Monn, artist and designer of floats, appeared before Council with a model of his idea for the City's float for the Lake County Centennial Parade. The float will be constructed on a hay wagon, and the large City Logos on either end of the float are removable for storage or display elsewhere. The float will be constructed of pvc pipe and preliminary cost of materials was set at $2,000. It was discussed that the City will need to borrow a hay wagon and have something to pull the float. Under discussion it was decided that the City should look into purchasing a used hay wagon so that the City would have a permanent reusable float, which could also double as an outdoor stage, if needed. Following some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO HAVE THE STAFF LOOK INTO THE PURCHASE OF A USED HAY WAGON AND TO SPEND AN AMOUNT NOT TO EXCEED $2,500 FOR THE PURCHASE OF THE HAY WAGON AND CONSTRUCTION OF THE FLOAT. A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TAKE THE $2,500 FROM GENERAL FUND RESERVES IN THE FORM OF A BUDGET AMENDMENT. COUNCIL MEMBER COLE'S REPORT SHOPPING CARTS 87-060 It was mentioned that shopping carts were piling up again in the Lincoln Park area, and Mr. Cole asked the City Manager to take care of the situation. City Manager Saunders stated that he would notify the stores again. COUNCIL MEMBER TURVILLE'S REPORT BLOWING SAND Council Member Turville also stated that he had received complaints of sand blowing into homes on the east end of town. and then asked of the status of the reclamation project on the Wade property. City Manager Saunders stated that he had spoken with Mr. Wade and that he was to seed and sod the area soon. Mr. Turville also asked about the road being built by Mr. Wade across the the lake bottom between the two sections of Jack's Lake. City Manger Saunders stated that he would check into this matter further, and as of this date, Mr. Wade had not presented the City any plans for the construction of the road. e e REGULAR COUNCIL MEETING March 24, 1987 Page -3- MAYOR POOL'S REPORT CHAMBER OF COMMERCE BREAKFAST Mayor Pool stated that he enjoyed the Chamber of Commerce breakfast, with guest speaker Gayland Hall, Coach of the Florida Gators. MORNING KIWANIS CLUB - NCNB ARTIST IN RESIDENCE PROGRAM Mayor Pool reported that the Morning Kiwanis Club of Clermont was sponsoring a piano concert by Mark Westcott, the NCNB Artist in Residence, as a fund raising program and urged those present to attend the concert. Bob Richenberg, who was present in the audience, explained the program in detail. NILSA WHITEHEAD'S REPORT Mrs. Whitehead, Chairperson of the Parks and Recreation Commission, stated that the landscaping of the entrance signs to the City had been completed and they looked very nice. The Council thanked Mrs. Whitehead for her work in completing the project. In another matter, Council Member Huff inquired about the status of Hazelwood Park. City Manager Saunders stated that it would be completed within approximately two weeks. VISITORS WITH BUSINESS WALTER POYNTER - REQUEST FOR A CONDITIONAL USE PERMIT RESOLUTION NO. 546 It was explained that Mr. Poynter was requesting a Conditional Use Permit to construct a forty-two unit townhouse development on property located south and west of the present Sun Bank building. Mr. Poynter appeared before Council and stated that he wished to make comments on Items H12, 14 and 23 of the proposed Conditional Use Permit (Resolution #546). Item H12 requires that a utility easement be obtained from the owner of Lots 18 through 23, Fairview Place Subdivision, and Mr. Poynter stated that provisions have been made to obtain the required ease- ment. Item Hl4 requires a performance bond for all public or common area improvements. Mr. Poynter requested that a letter of credit be added, and stated that it was his intent to do all of the under- ground infrastructure, i.e., water and sewer lines, before any other construction begins. Item H23 requires the replatting of Lots 18 through 23 of Fairview Place Subdivision and that part of closed Carrie Street and Lot 14 in Block V. Mr. Poynter stated that he felt this was an unreasonable request because he doesn't even own those lots. Council Member Turville expressed his concern that the turnarounds were too close to the south property line and should be moved up to protect the southern R-IA property. e e REGULAR COUNCIL MEETING March 24, 1987 Page -4- Council Member Cole asked Planning Director Perlick if he had any problems with this request. Mr. Perlick stated that there was some concern that the entrance to the project on Highway 50 may cause a traffic problem. Regarding the turnarounds, Mr. Perlick stated that the staff had recommended 30' setbacks from the property line and this had been changed to IS' by the Planning and Zoning Commission. At this point in the meeting, City Manager Saunders explained that the next two items on the agenda related to this project, and suggested that all three requests by Mr. Poynter be considered simultaneously. Mayor Pool then read Resolution No. 546 and Ordinances l83-M and l85-M by title only. Mr. Saunders went on to explain Ordinance l83-M which would close Strickling Street from Hill Street, which was previously closed, south to Minnehaha Avenue. The request was being made in conjunc- tion with the Conditional Use Permit request. It was pointed out that an amendment to the Ordinance would have to be made allowing the City to retain a IS' easement running 7.5' on each side of the centerline of the closed street. A letter had been received from Florida Power indicating that they have a trans- mission line running along the western edge of Strickling Street which they would relocate if it conflicts with construction. Property owners to the east are in agreement with the proposed closing, and the owners of Lots 341 and 342 on the east side of Stricking Street have indicated that they would have access to those lots from Magnolia Street, off of Bloxam Avenue, and are not opposed to the proposed closing. Ordinance l85-M would rezone from R-lA to R-2 a forty-five foot strip of property running from the middle of Lot 14 across Carrie Street and Lots 18 through 23, and a ten foot strip north of the west half of Lot 14. This property was needed to complete the proposed project. Mayor Pool then called for comments on Resolution H546 and Ordinances l83-M and l85-M. Michael Messer, who owns property at 520 East Minnehaha, stated that no one in his neighborhood was particularly against the project, but his concern was the effect the rezoning would have on the remaining R-lA property owners, and stated that they would like to keep the R-lA property as it is. He presented letters from Gerard G. Rene, Keith R. Bowie, Mrs. G.W. Smith, and Donald Huntington opposing the closing of Strickling Street and the rezoning. A letter was also received from Robert W. and Rita M. Thompson opposing the rezoning request. Jay Vander Meer, who owns the remaining R-lA property considered to be the odd-sized lots, cited several examples of other supposedly odd-sized lots in the area. He stated that the remaining property could be divided into five lOO' x 105' lots which were of ample size. In conclusion, he stated that he believed this would be a good project for the area because residents of the proposed development who do not drive could walk to banks, the shopping centers and several restaurants. e e REGULAR COUNCIL MEETING March 24, 1987 Page -5- City Attorney Baird asked Mr. Vander Meer if he understood the City's concern about the unplatted piece of property and what might be done with it. Mr. Vander Meer stated that he intended to sell the five 100' x 105' lots, and that the City's zoning requirements would not allow anything less than 10,000 square feet. He stated that metes and bounds descriptions could be utilized, and that he would not have to replat the property. City Attorney Baird then asked Mr. Vander Meer if he would be willing to sign an agreement with the City to that effect. Mr. Vander Meer stated that he had no objection to such an agreement, and if City Attorney Baird would draw it up, he would sign it. Harold Roberts stated that he owned a lot 103' deep lot across from the proposed development, and believed the depth of Mr. Vander Meer's lots should not be a concern because they would not be out of character with other lots in the area. He also stated that he favored the project. Donald Wickham, Vice President of Sun Bank, stated that the traffic generated by the proposed project should not be a concern in itself, but that the bank put an average of 840+ cars per day onto Highway 50, which does cause some problems. He further stated that this would probably have to be addressed sometime in the near future. Bill Donland, who was present in the audience, asked what happened to the property when the street was closed. City Attorney Baird explained that the property was divided among the adjacent property owners. The site plan for the proposed development utilizes 30' of the street property. There were no more comments from those present in the audience. City Manager Saunders then stated that he would like to address several items on the Conditional Use Permit. Item H14: Mr. Saunders stated that he had no objection to the addition of a letter of credit or an agreement with a lending institution to not disperse all funds until all improvements have been completed. Item H16: This Item states that the project may be phased, and Mr. Saunders then asked Mr. Poynter what he proposed for Phases I, I I, and I I I . Mr. Poynter stated that the first construction to be completed would all the infrastructures, and Phase I would consist of all the buildings in the middle of the site plan. Phase II would be the clubhouse and pool and the buildings to the west on the site plan. Phase III would be the buildings along the east side of the property. There were no objections to this phasing. Item Hl3 states that the cul-de-sacs or deadend streets shall be located a minimum of fifteen feet from the south property line. Mr. Saunders stated that the site plan shows two T turnarounds located IS' from the south property line, and asked if these could be raised to 20' from the south property line to provide an additional buffer for the R-lA property to the south. e e REGULAR COUNCIL MEETING March 24, 1987 Page -6- 87-062 Mr. Poynter stated that he believed there was enough space to do this, and agreed with the request. Some further discussion occurred concerning the closing of Strickling Street, and it was the consensus of Council to amend Ordinance l83-M when adopted to retain an easement running 7.5' on both sides of closed Strickling Street. A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 546, AS AMENDED TO INCLUDE THE FOLLOWING CHANGES: ITEM 113 WILL BE CHANGED FROM l5 TO 20 FEET FROM THE SOUTH PROPERTY LINE, ITEM Il4 WILL BE CHANGED TO INCLUDE A CASH BOND, LETTER OF CREDIT OR LENDERS AGREEMENT, ITEM 116 WILL BE CHANGED TO INCLUDE THREE PHASES AS PRE- SENTED TO COUNCIL, AND ITEM 123 CONCERNING THE REPLAT OF THE ADJACENT PROPERTY WILL BE DELETED FROM THE CONDITIONAL USE PERMIT. A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 183-M AS AMENDED TO INCLUDE THE 7.5' EASEMENT RUNNING ON BOTH SIDES OF THE CENTERLINE OF THE CLOSED PORTION OF STRICKLING STREET. A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l85-M. 87-063 87-064 The Resolution and Ordinances were read by title only. FINAL READING OF ORDINANCE 174-M City Manager Saunders explained that this ordinance would close a portion of Eleventh Street lying north of Lakeshore Drive and south of Minnehaha Avenue, as shown on a map presented to each Council Member. It was further explained that a new street will be dedicated on the proposed plat of the subdivision Mr. Huff is developing. The preliminary plat and improvement plans for the subdivision have been approved. Council Member Cole asked if the City would ever, at a future date, need this street right-of-way. City Manager Saunders stated that the right-of-way would not be needed because it runs through a marsh, and as previously stated, Mr. Huff will dedicate a new street in his subdivision. Mayor Pool called for comments from those present in the audience. No one spoke for or against the proposed ordinance. A Mr. Frank Pairan, who was present in the audience, stated that he believed the street was never dedicated to the public. City Manager Saunders stated that the City's research indicated that it was a publicly dedicated street, and would have to be formally closed and abandoned. Council Member Huff declared a conflict of interest and abstained from voting on this matter. e e REGULAR COUNCIL MEETING March 24, 1987 Page -7- 87- 06 5 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE, WITH COUNCIL MEMBER HUFF ABSTAINING DUE TO A CONFLICT OF INTEREST, TO ADOPT ORDINANCE l74-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. H. GRIFFIS REQUEST FOR AN OPEN AIR SALES PERMIT City Manager Saunders reported that he personally had contact Mr. Griffis on two occasions, and it appeared fresh fruit and vegetable stand was out of business. the requested improvements to the site had been made. tried to that the None of 87-066 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY H. GRIFFIS' REQUEST FOR AN OPEN AIR SALES PERMIT. RESOLUTION NO. 548 Mr. Saunders explained that as requested during the last Council Meeting, Resolution No. 548 was prepared recommending that the headwaters of the Palatlakaha River remain under the direct jurisdiction of the St. Johns River Water Management District. Council Member Dupee read the final paragraph of the Resolution for those present: "BE IT FURTHER RESOLVED that the City Council of the City of Clermont, Lake County, Florida, will pursue the necessary course of action to prevent any redistricting which would remove the headwaters of the Clermont Chain-of-Lakes from the jurisdiction of the St. Johns River Water Management District". Mr. Jay Vander Meer, who was present in the audience, spoke briefly on the importance of this resolution. 87-067 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 548. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. Upon adoption of the resolution, Mr. Saunders was directed to send copies of the resolution to the appropriate legislators, the Lake County League of Cities and any other applicable agencies for their support. ARTS COUNCIL Bonnie Haman and Nick Jones, representatives of the proposed Arts Council were present to discuss the objectives and criteria of the organization. A revised memo from Council Member Huff was presented each Council Member outlining the establishment of a South Lake Council for the Arts, and containing a list of people who would be willing to serve on the Arts Council. It was explained by Mrs. Homan that the City would be a vehicle to appeal to the State for funding and grants for the arts. An initial amount of money would be required from the City for application fees, postage, printing, paper, a telephone and for clerical help. As the program evolved and progressed, a part- time employee eventually would be needed. Other costs involved would be expenses for trips to Tallahassee. e . REGULAR COUNCIL MEETING March 24, 1987 Page -8- Mayor Pool asked if there were any plans for the Arts Council to hold fund raisers as a source of support. Nick Jones explained that after the initial expenses, it was hoped they would be self- sustaining through memberships, benefactors and ticket sales. Council Member Huff stated that he would like a minimal budget set for the Arts Council to finish this fiscal year, and then would like the Arts Council to come back with figures for the fiscal year 1987-1988 budget. Council Member Turville expressed his displeasure with the idea of the group being called the South Lake Arts Council and only the City of Clermont was being asked to provide funding for the organization. After some discussion, it was determined that the Council should give its approval of the formation of the Council and make the required appointments. At this time, it was not known how much money would be needed, and it was decided the members of the Arts Council would come before Council at a future date to ask for an appropriation of a set amount of money for this fiscal year. 87-068 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ESTABLISH A SOUTH LAKE COUNCIL FOR THE ARTS WITH THE FOLLOWING APPOINTMENTS BEING MADE: BONNIE HOMAN AND NICK JONES (ONE YEAR TERM), FRANCES OSWALT, ALICE SHALK AND RICHARD KURFISS (TWO YEAR TERMS, AND MARTHA HEINRICH AND MARY OGILVIE (THREE YEAR TERMS). COUNCIL MEMBER HUFF WILL SERVE AS THE CITY'S LIAISON TO THE ARTS COUNCIL. BISHOP FIELD City Manager Saunders reported that the Little League Committee had requested that an addition, which would provide storage space and a place for the refrigerator and ice machine, be constructed to the concession booth at Bishop Field. Upon meeting with Milda Sandargas, it was learned that she had secured enough volunteer labor and materials so that the addition could be completed at no cost to the City. Construction will be done by Ladd Construction Company and the Clermont Kiwanis Club. 87-069 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT PERMISSION FOR THE CONSTRUCTION OF THE ADDITION TO THE CONCESSION BOOTH AT BISHOP FIELD. Mayor Pool asked that thank you letters be sent to all of those who participated on this project. City Manager Saunders stated that he would do so. CHANGE ORDER H3 87-070 City Manager Saunders requested that discussion of Change Order H3 be tabled in order to allow time for further investigation into the cost submitted for Item #4 on the list of changes. A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE DISCUSSION OF CHANGE ORDER H3 UNTIL A FUTURE COUNCIL MEETING. e e REGULAR COUNCIL MEETING March 24, 1987 Page -9- PUBLIC COMMENTS PARKS AND RECREATION COMMISSION Nilsa Whitehead asked that Ted Gardner be appointed to the Parks and Recreation Commission. Mayor Pool, who appoints members of this Commission, then appointed Mr. Gardner. There being no further business or discussion, the meeting adjourned at 9:30 p.m. ~:t1 ~ Ro ert A. Poo , Mayor Attest: ~~.,{nv;ll. City Clerk