06-11-1991 Regular Meeting•
CITYOF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JUNE 11, 1991
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, June il, 1991, 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 Norquist, and Council Member Cole.
Other City Officials present were City Manager Saunders, City
Attorney Baird, Finance Director Van Zile, Planning Director Harker
and Deputy City Clerk Brandt.
INVOCATION
The Invocation was offered by City Manager Saunders followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the Special Meeting held May 7, 1991 and the Regular
Council Meeting held May 28, 1991 were approved as presented.
REPORTS
CITY MANAGER SAUNDERB' REPORT
COMMUNITY DEVELOPMENT BLOCK GRANT
It was reported that the City had received official notification
from the Department of Community Affairs of receipt of the $575, 000
Community Development Block Grant. The Council was advised that
the City is advertising for a Grant Administrator.
CHANGE ORDER #1 - PUBLIC AORRS FACILITY
City Manager Saunders stated that he would like approval of Change
Order #1 for the new Public Works Facility which would lower the
contract price $1,721. The City Manager reviewed with the Council
the details of the Change Order.
91-100 A MOTION AAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT CHANGE ORDER #1
LOAERING THE CONTRACT PRICE $1,721.
PLANNING AND ZONING COMMISSION RESIGNATION
It was reported that Mr. Peter Bertonaschi had submitted his
resignation from the Planning and Zoning Commission effective
immediately. The Council expressed their thanks and appreciation
to Mr. Bertonaschi for serving on the Commission.
Mr. Saunders then stated that the vacancy should be filled as soon
as possible. The Council then directed the City Manager to contact
those people who had previously expressed an interest in serving
to see if anyone would be willing to fill this unexpired term.
CHAMBER OF COMMERCE LABOR DAY FESTIVITIES
It was reported that the Chamber of Commerce was requesting
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permission to use the Jaycee Beach area for their annual Labor Day
Festivities. Carole Wayte, Executive Director of the Chamber, was
present to answer any questions.
Council Member Dupee asked if the amusement company would be back
again, and Mrs. Wayte said that the contract had not been signed,
but they would be back. Council Member Turville asked if there
would be any conflict with the concession operation of Park Pals,
Inc. It was stated that there would be no conflict with their
operation.
91-101 After a brief discussion of previous Labor Day festivities, A
MOTION WA8 MADE BY COIINCIL MEMBER DIIPEE SECONDED BY COIINCIL MEMBER
TURVILLE AND IINANIMOIISLY CARRIED TO GRANT THE CHAMBER OF COMMERCE
IISE OF THE JAYCEE BEACH AREA FOR THE LABOR DAY FESTIVITIES.
COUNCIL MEMBER DIIPEE'S REPORT
S.B. 2000
It was reported that the Governor had vetoed Senate Bill 2000 which
implemented Amendment 3, which orders the Legislature to stop
mandating spending programs on local governments unless appropriate
funding procedures are contained within the legislation, because
the bill contained elements which went against the will of the
people who overwhelmingly approved Amendment 3.
EAST CENTRAL FLORIDA REGIONAL PLANNING COIINCIL
Mrs. Dupee also reported that she would be representing the ECFRPC
at the national conference to be held in Atlantic City. The main
topic of the conference will be "Regionalism".
COIINCIL MEMBER TIIRVILLE'S REPORT
LAKE COIINTY ENVIRONMENTAL COALITION
It was reported that the Lake County Environmental Coalition would
be holding a meeting on June 24, 1991 at 7:30 p.m. in the multi-
purpose room of the Administration Building at Lake-Sumter
Community College. Kent Wimmer, a Planner representing 1000
Friends of Florida, will be present to discuss the Lake County
Comprehensive Plan.
Mr. Turville also thanked Jack Sargent for his faithful attendance
at the Council Meetings.
MAYOR POOL'S REPORT
INTERSECTION OF HIGHWAYS 50 AND 27
Mayor Pool stated that several people had expressed their concern
that the new intersection should be marked with "Signal Ahead"
signs since several accidents had occurred since the installation
of lights at the intersection.
City Manager Saunders stated that he would have to contact the
Department of Transportation regarding placing those types of signs
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•
as it would be their responsibility. Mayor Pool also asked about
the status of who would take care of the landscaping at the
intersection, which the DOT had neglected for a number of years.
City Manager Saunders stated that the City would have to take over
maintenance of all the medians and rights-of-way within the city
limits, not just that intersection. The DOT has sent a contract
listing the scope of work and their payment. However, City Manager
Saunders further stated that he had not had time to study the
contract to see if it would be cost effective to enter into such
a contract. Further discussion of this matter will take place
during Budget Workshops.
VISITORS WITH BIISINESS
ROBERT CHAPMAN - SOIITHLARE DEVELOPMENT PRESENTATION
Mr. Chapman appeared before Council and gave a brief presentation
promoting his proposed development to be known as. the town of
Southlake which will be located near Highway 192 in south Lake
County. Mr. Chapman explained that he was going through the
Florida Quality Development Process and the final hearing before
the County Commission is scheduled for later this month.
It was explained that the town was designed by renown architect,
Andrus Duany, and that the nucleus of a new city had been created
where the streets go to the edge of the property. Mr. Chapman
explained the history of the development and stated that the city
was being designed to go back to the way things used to be in that
the residents will be able to walk to stores, theaters, etc. There
will be a civic center on a hill overlooking a lake with seventy-
one acres set aside for civic use. He also explained that it was
his intention to build low priced, nice homes. Throughout the
presentation Mr. Chapman showed conceptual designs of the proposed
apartments, homes, shopping centers and the cultural center.
At the conclusion of the presentation, Mr. Chapman asked for
Council support at the final hearing for the project before the
Lake County Board of Commissioners and stated that Mrs. Dupee had
graciously agreed to serve on his Board of Directors for the
Florida Quality Development.
FRED 8OMMER - CFT SPORTS TRIATHLON IIPDATE
Mr. Sommer appeared before Council and requested support for his
Great Floridian Triathlon on October 26, 1991. The event will
consist of a 2.4 mile swim, a 112 mile bike ride and a 26.2 mile
run which will begin at 7:30 a.m. and end at 1:00 a.m. Sunday
morning. Mr. Sommer explained that the event will involve 500
participants and need 800 volunteers to pull it off. The scope of
the event was explained in detail, including 150 food booths, an
Arts and Crafts Fair, and a possible hot air balloon fly-in to be
held in conjunction with the triathlon events. Mr. Sommer stated
that it would take a total community commitment to make the event
a success.
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Carole Wayte, Executive Director of the Clermont Chamber of
Commerce, stated that the local Chamber and the United Chambers of
Lake County were committed to the event.
Under discussion, it was the consensus of Council that Mr. Sommer's
past events were well run and there had been no major problems.
When asked his opinion, City Manager Saunders stated that it would
be a tremendous impact on the City, but he felt Mr. Sommer would
do a good job with the events.
91-102 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED WELCOMING THE GREAT
FLORIDIAN TRIATHLON TO CLERMONT.
Mr. Sommer agreed to keep the Council apprised of the event
schedules as more of the plans became finalized.
Council Member Turville suggested that organizations in Orange
County be notified of the event to keep boats away from Jaycee
Beach during the swimming segment of the triathlon.
LINDA MCMURPHY - RESOLUTION #718, REQIIEST FOR AN AMENDMENT TO
EBISTING CONDITIONAL USE PERMIT FOR 885 WEST DESOTO STREET
Elizabeth Cahours appeared before Council and requested an
amendment to her Conditional Use Permit for the Day Care Center now
operating at 885 West Desoto Street. It was explained that the
original CUP granted the use of the upper floor for day care, and
now they wanted to expand the operation into both apartments of the
lower level of the building; one now and the other later.
Mayor Pool called for comments from those present and no one spoke
in favor of or in opposition to the request.
91-103 After a brief discussion by Council, A MOTION WAS MADE BY COUNCIL
MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY
CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #718 AMENDING AN
ERISTING CONDITIONAL USE PERMIT TO INCLIIDE USE OF THE LOWER LEVEL
OF THE BUILDING FOR THE DAY CARE CENTER OPERATING AT 885 WEST
DESOTO STREET. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR
POOL.
UNFINISHED BUSINESS
REN NORQUIST - RESOLUTION #716, REQUEST FOR AN AMENDMENT TO
E%ISTING CONDITIONAL USE PERMIT FOR 490 WEST AVENUE
Mr. Norquist declared a conflict of interest and stated that he
would not be voting on his request. He then asked for an amendment
to his existing Conditional Use Permit to allow the placement of
a train caboose at his depot site at 490 West Avenue.
Mr. Norquist then explained that his existing CUP allows a
restaurant at the site. The old depot is to be utilized for the
restaurant with a train station theme. Mr. Norquist then stated
that the caboose would be used as an office for his businesses.
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Mayor Pool called for comments from those present and no one spoke
in favor of or in opposition to the request.
Council Member Cole asked Mr. Norquist if the caboose would meet
all of the City's required building codes. Mr. Norquist stated
that it would. Council Member Turville asked if it was being
modified to meet mobile home standards because it was on wheels.
Mr. Norquist stated it would be under all applicable standard
building codes and 'city codes for commercial use. City Manager
Saunders stated that it would be considered a permanent structure
and that Staff recommends approval of the request, subject to the
conditions as stated in Resolution #716.
91-104 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE ADOPTING
RESOLUTION #716 AS WRITTEN AMENDING AN EXISTING CONDITIONAL USE
PERMIT TO ALLOW PLACEMENT OF A TRAIN CABOOSE FOR OFFICE IISE AT 490
WEST AVENUE. COUNCIL MEMBER NOROUIST ABSTAINED FROM VOTING DOE TO
A CONFLICT OF INTEREST. THE RESOLUTION WAS READ BY TITLE ONLY BY
MAYOR POOL.
FINAL READING OF ORDINANCE 272-C
Mayor Pool explained that this ordinance would repeal the
requirements of the 5$ land dedication for parks in new
subdivisions because the City cannot require the dedication and
charge the Recreation Impact Fee adopted during the last meeting
because this would cause a double fee exaction.
Under comments, City Manager Saunders stated that the new impact
fee ordinance does allow for a negotiated dedication of land with
impact fee credits.
Mayor Pool then asked for comments and no one spoke in favor of or
in opposition to the ordinance.
91-105 A MOTION WAS MADE BY COUNCIL MEMBER COLE SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
ORDINANCE 272-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR
POOL.
NEW BUSINESS
RESOLUTION #714
Mayor Pool explained that Resolution #714
public hearing for the special assessments
Disston Avenue and that the City Council
Equalization Board to determine the final
the project. The original assessments
assessment roll.
Mayor Pool called for comments.
provided for he final
for the improvements to
would be setting as an
special assessments for
are reflected in the
City Manager Saunders stated that Mr. Wolfe could not attend the
meeting but, as discussed during a previous workshop, he was
requesting credits to bring his assessments from $41,408.50 to
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$29,468.86. It was also stated that the credits were for $9,700
worth of engineering and survey work he had done on his private
project, and that a credit of $4, 533 would be given for the low
individual quote received in the bid process, which would bring his
assessment to the $29,468.86. There were no other comments
concerning the assessments.
91-106 Sitting as the Equalization Board, A MOTION WAS MADE BY COUNCIL
MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY
CARRIED TO EQUALIZE MR. WOLFE'S ASSESSMENT AT $29,468.86.
91-107 After equalizing the special assessment, A MOTION WAS MADE BY
COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER.COLE AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #714 AS
AMENDED TO REFLECT THE $29,468.86 EQUALIZED ASSESSMENT. THE
RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL.
EASEMENT REDUCTION
City Manager Saunders explained that the approximately 600' of
Highland Avenue lying west of Twelfth Street was closed and the
right-of-way was divided between the property owners lying north
and south of the right-of-way. The south half the right-of-way was
utilized in the development of the Palatlakaha Recreation Area and
the north half was Quit Claimed to Bill Thomas with the City
retaining a 30' easement across his portion of the closed rights-
of-way for possible future use.
However, it was further explained that at this time it was
determined by Public Service Director Davis that the City does not
need an easement in that area and will not need one in the future.
Giving up the easement will allow Mr. Thomas to develop his
property and in exchange he will transfer a small triangular piece
of property to the City where a portion of the western 100' of the
park landscape berm was constructed on part of his property.
91-108 After a brief discussion of the property in question, A MOTION WAS
MADE BY COUNCIL MEMBER COLE SECONDED BY COIINCIL MEMBER.DUPEE AND
UNANIMOUSLY CARRIED TO ELIMINATE THE CITY'S EASEMENT ON MR. THOMAS'
PORTION OF THE CLOSED RIGHT-OF-WAY AND IN EXCHANGE MR. THOMAS WILL
TRANSFER TO THE CITY THE TRIANGIILAR PIECE OF PROPERTY ON WHICH A
PORTION OF THE PALATLARAHA RECREATION AREA'S LANDSCAPE BERM WAS
CONSTRUCTED.
GRANT OF EASEMENT
City Manager Saunders explained that Mr. Joe Holt who lives at 101
Third Street was concerned about the ingress and egress situation
over the Palm Lane right-of-way to get to his garage. As
background, it was explained that this right-of-way was temporarily
closed in 1945 by the City Council and the closing stated it would
remain closed until such time as the City finds need for the right-
of-way. At the same time, the City gave use of the right-of-way
to the residents until such time as it was needed.
Mr. Holt, who was present in the audience, stated that when he
purchased his property he had no knowledge of this situation, and
further stated that he has used the old Palm Lane right-of-way to
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access his garage and his storage
right-of-way. In conclusion, Mr.
more comfortable if the street
abandoned by the City, however, if
like an ingress/egress easement ~
garage and storage building.
building which is built on the
Holt stated that he would feel
right-of-way was permanently
this could not be done, he would
rom the City for access to his
Mayor Pool stated that other homes had also utilized the right-
of-way and he stated that he believed that if the City ever did
need the right-of-way for a street, it would be relocated farther
to the north because the City would not want to tear down garages
and trees, etc. to put in a street.
91-109 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
NOROUIST, BECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY
CARRIED TO GRANT MR. HOLT AN INGRESS/EGRESS EASEMENT OVER THE
TEMPORARILY CLOSED PALM LANE RIGHT-OF-WAY.
City Attorney Baird was directed by Council to prepare the easement
document for Mr. Holt.
There being no further business or discussion, the meeting
adjourned at 9:00 p.m.
Robert A. Pool, Mayor
Attest:
E. Van Zi , C'ty Clerk