03-24-1987 Regular Meeting
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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.
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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.
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REGULAR COUNCIL MEETING
March 24, 1987
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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.
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REGULAR COUNCIL MEETING
March 24, 1987
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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.
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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.
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REGULAR COUNCIL MEETING
March 24, 1987
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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.
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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.
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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.
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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