12-11-1990 Regular Meeting•
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
DECEMBER 11, 1990
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, December 11, 1990, 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 Cole, Council Member Dupee and Council Member
Norquist. Other City Officials present were City Manager Saunders,
City Attorney Baird, Finance Director Van Zile and Deputy City
Clerk Brandt.
INVOCATION
The Invocation was given by Nilsa Whitehead followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the Workshop Meetings held November 1 and 28, 1990,
and the Regular Meeting held November 27, 1990, were approved as
presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
WORKSHOP
The Council was reminded of the Workshop to be held Wednesday,
December 12, 1990, at 6:00 p.m. in the City Hall Conference Room.
A continuation of review of various elements of the City's proposed
Comprehensive Plan will be the primary topic for discussion.
TIPPING FEES
City Manager Saunders stated that in light of recent newspaper
articles concerning the City of Tavares, it has been brought to the
city's attention that the county has been charging various tipping
fees including $11/ton for imported solid waste, $20/ton to the
City of Leesburg, and $40/to the other municipalities in the
County. The $20/ton break was given the City of Leesburg because
they were asked to close their landfill early when the County's
incinerator became operational. The City of Tavares has asked for
a credit based on the break given the City of Leesburg, and City
Manager Saunders stated that based on their request, the City of
Clermont was overcharged approximately $20,000 and he then asked
for Council direction in this matter.
After a brief discussion of the circumstances surrounding the
various fees, it was the consensus of Council that all cities
90-256 should pay the same amount for tipping fees. A MOTION WAS MADE BY
COUNCIL MEMBER COLE SECONDED BY COUNCIL MEMBER TURVILLE AND
UNANIMOUSLY CARRIED THAT THE CITY OF CLERMONT SHOULD RECEIVE A
REFUND FOR THE AMOUNT OF OVERPAYMENT OF TIPPING FEES TO LAKE COUNTY
AND THAT ALL CITIES SHOULD BE CHARGED THE SAME AMOUNT FOR TIPPING
FEES.
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
DECEMBER 11, 1990
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DEPARTMENT OF ENVIRONMENT REGULATION REQUEST
Referring to discussion at a previous workshop, City Manager
Saunders stated that he had received correspondence from the State
of Florida Department of Environmental Regulation requesting that
the City of Clermont grant approval for Springstead Engineering,
Inc., the City's Engineer, to submit to the DER a cost estimate for
a feasibility study to run waterlines to homes south of the city
limits effected•by EDB contamination. After receiving the cost
estimate, the DER will issue a purchase order to proceed with the
study. All costs for the study will be paid by the state.
However, if the project is approved, the State is asking for a
credit in the amount of the study cost to be applied against the
project costs.
90-257 After a brief discussion of the request, A MOTION WAS MADE BY
COUNCIL MEMBER NOROUIST, SECONDED BY COUNCIL MEMBER COLE AND
UNANIMOUSLY CARRIED GRANTING APPROVAL FOR SPRINGSTEAD ENGINEERING
INC.. TO GIVE A COST ESTIMATE AND DO A FEASIBILITY STUDY TO RUN
WATERLINES TO HOMES SOIITH OF THE CITY LIMITS EFFECTED BY EDB
CONTAMINATION FOR THE SATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
REGULATION. ALL COSTS FOR THE COST ESTIMATE AND FEASIBILITY STUDY
WILL BE BORNE BY THE STATE DEPARTMENT OF ENVIRONMENTAL REGULATION.
LIFT STATION #2
City Manager Saunders stated that he had received correspondence
from City Engineer Springstead requesting Council acceptance of
Lift Station #2 located in Emerald Lakes Mobile Home Park into the
city system.
90-258 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE.
SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED GRANTING
FINAL ACCEPTANCE OF LIFT STATION #2 INTO THE CITY SYSTEM.
COUNCIL MEMBER DIIPEE'S REPORT
LEAGUE OF CITIES
It was reported that City Manager Saunders was being nominated to
serve as second Vice President of the Lake County League of Cities.
Mr. Saunders stated that he was honored to have been nominated and
would be happy to serve if chosen.
It was also reported that the League would be working to support
legislation favoring partial assessments.
COUNCIL MEMBER NORQUIST'8 REPORT
MERCURY CONTAMINATION - LAKE LOUISA
Council Member Norquist stated that he was disturbed concerning an
article which appeared in the "Leesburg Daily Commercial"
concerning high levels of mercury in Lake Louisa and warning
fishermen not to eat fish caught in the lake more than once a week .
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CITYOF CLERMONT
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REGULAR COUNCIL MEETING
DECEMBER 11, 1990
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It was suggested that the City have its lakes monitored so this
would not happen. Under discussion, it was stated that the
University of Florida or the Freshwater Fish and Game Commission
conducted studies for mercury contamination.
MAYOR POOL'S REPORT
Mayor Pool welcomed Boy Scout Troop 133 to the meeting. The boys
are working to earn their Citizenship and Communication Skills
badges.
The Mayor also thanked all those who worked on the Lighted Boat
Parade and planted trees at the new park, making both events a
great success.
VISITORS WITH BUSINESS
HOGAN, MCLEAN AND LADD, INC. - RESOLUTION #698, REQUEST FOR A
CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE IN THE R-3 ZONE
City Manager Saunders explained that the applicant was requesting
a Conditional Use Permit to operate a Professional Office in the
R-3 Residential/Professional District located at 1133 East Avenue.
This property is located on the east side of East Avenue and south
of the intersection of East Avenue and Highway 50. It is
currently zoned R-3 and is in the NED-3 Land Use District, both of
which allow for Professional Offices as a Conditional Use Permit.
Each Council Member received a conceptual site plan for the site
indicating the appropriate number of required parking spaces. It
was explained that it would be a dual use for the existing duplex
in that the upstairs will be a professional office and the lower
level will be a residential unit. Two parking spaces are required
for the residential use, along with 1 parking space for each 200
square feet of the professional office use. Mr. Saunders stated
that there was enough area to provide the required parking.
In conclusion, Mr. Saunders stated that as with Mr. Modica's
Conditional Use Permit request, the Council may wish to amend the
sidewalk requirement by placing an eighteen months stipulation in
Condition #6.
It was reported that the Planning and Zoning Commission unanimously
recommended approval of the request.
Mayor Pool called for comments from those present and no one spoke
in favor of or in opposition to the request.
90-259 After a brief discussion of the request, A MOTION WAS MADE BY
COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL MEMBER NOROUIST AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #698 AS
AMENDED TO INCLUDE THE 18 MONTHS SIDEWALK STIPULATION IN CONDITION
#6. THE RESOLUTION WAS READ HY TITLE ONLY BY MAYOR POOL.
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CITYOF CLERMONT
1VIINiTTES
REGULAR COUNCIL MEETING
DECEMBER 11, 1990
PAGE -4-
JERRY JONEB - RE8OLUTION #699, REQUEST FOR AN AMENDMENT TO A
CONDITIONAL UBE PERMIT
Jerry Jones, owner of the property, appeared before Council to
request a Conditional Use Permit to amend the existing Conditional
Use Permit on his property located at 611 W. Highway 50. He
explained that he wished to split the property and sell the Amoco
Station located on the Highway 50 frontage.
It was explained that the original Conditional Use Permit which was
granted for the property included the parcel to the south occupied
by a single family residence. The purpose of including this
property at that time was to avoid a non-conformance with the code
that requires rear access to a parcel, in the event that the side
setback is not adhered to. In the original Conditional Use Permit
Mr. Jones constructed an additional bay on the west side of the
building that was built to the property line. By including the
rear parcel with this within the CUP the applicant provided rear
access, as well as additional parking and storage area.
Mr. Jones stated that he knew that by separating the two properties
at this time he would be creating a non-conformance with the side
yard setback and was requesting a variance to this requirement for
rear access. Mr. Jones then stated that he believed the Pelican
Station directly west of his building was granted a CUP with a non-
conforming building and gas pumps.
City Manager Saunders replied that the new gas pumps and canopy at
the station conformed to the City's setback requirements.
Mayor Pool called for comments from those present and Nilsa
Whitehead stated that she opposed the request. Bob Thompson
questioned how many surrounding property owners opposed the
request, and City Manager Saunders stated that the City had
received no responses from them.
Mr. Jones then stated that 8 feet to 9 feet existed directly behind
the building for access. City Manager Saunders replied that the
code states the rear access must be from a street in order to have
a zero lot line.
At this point, Council Member Norquist questioned if the City could
obtain right-of-way for a street to be built on the 9' at the rear
of the station with the remaining right-of-way coming from the
property on which the house is located.
City Manager Saunders stated that he believed that would create a
non-conforming lot where the house is located.
Council Member Turville then asked Mr. Jones if he knew the exact
distances from the property lines of the house and station. Mr.
Jones stated that he did not have measurements with him. Mr.
Turville then stated that he did not favor the request at this
time, but would like to see if anything could be worked out with
regard to the right-of-way.
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CITYOF CLERMONT
REGULAR COUNCIL MEETING
DECEMBER 11, 1990
PAGE -5-
90-260 After some further discussion of Mr. Jones' predicament, A MOTION
WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER
NOROIIIST TO TABLE THE REOUEST TO THE JANUARY 8, 1991 COUNCIL
MEETING.
Mr. Jones was directed by Council to provide a site plan for the
meeting showing the layout and measurements of both of the
buildings. He stated that he would do so.
ELIZABETH CAHOURB - RESOLUTION #700, REQUEST FOR AN AMENDMENT TO
A CONDITIONAL USE PERMIT AT 885 W. DESOTO FOR A PRE-SCHOOL
Linda McMurphy and Elizabeth Cahours appeared before Council to
request a Conditional Use Permit to establish a Pre-School facility
in the C-2 District at 885 W. Desoto Street. Mrs. McMurphy stated
that the Department of Health and Rehabilitative Services had
approved the building for forty-four children and that they must
meet the State Fire Code for such facilities.
Mayor Pool called for comments from those present and Nilsa
Whitehead and Dale Ladd both spoke in favor of the request, stating
the City of Clermont needed such a facility and it would help
revitalize the downtown business area.
It was then reported that the Planning and Zoning Commission
unanimously recommended approval of the request.
90-261 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE. SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED
BY ROLL CALL VOTE TO ADOPT RESOLUTION #700 AMENDING AN EXISTING
CONDITIONAL USE PERMIT TO ALLOW A PRE-SCHOOL FACILITY AT 885 WEST
DESOTO STREET. THE. RESOLUTION WAS READ BY TITLE ONLY BY MAYOR
POOL.
PAUL J. BOYLAN - REQUEST FOR A VARIANCE TO THE SETBACK REQUIREMENTS
FOR SIDE AND REAR YARDS
Mr. Boylan appeared before Council to request a variance to the
side and rear yard setback requirements for a satellite dish for
his business located in the new office building located at 297
East Highway 50.
Mr. Boylan stated that he did not want to move the satellite dish
because it was difficult to move and would be costly. He further
stated that the contractor who installed the dish used the center
of the pole not the leading edge of the dish when figuring the
setbacks.
Much discussion ensued concerning the request. Council Member
Turville stated that if another two story building was built, the
satellite dish would definitely have to be moved. Mr. Boylan then
stated that he would go on record that he would move the satellite
dish if another building was built or it caused some other problem.
City Manager Saunders stated that he did not think it was a good
precedent to set to allow a variance to the requirements until
someone complained.
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CITY OF CLERMONT
MIN~JT~~
REGULAR COUNCIL MEETING
DECEMBER 11, 1990
PAGE -6-
Mr. Saunders pointed out that the original site plan proposed the
satellite dish to be located between the two buildings, but a
decision was made to relocate the dish to the southwest corner of
the property, which is allowable as long as a 25' rear yard setback
and a 7.5' side yard setback are met. A satellite dish permit was
issued with the required setbacks indicated on the permit. While
the satellite dish was being installed, it was discovered that
there was only a 3.5' side yard setback and a 17.5' rear yard
setback. The satellite dish company was notified immediately of
the setback problem, however, they elected to continue with the
installation.
After some further discussion, City Attorney Baird advised that Mr.
Boylan should contact the contractor and get him to move the
satellite dish because he was responsible for not meeting the
required setbacks.
90-262 A MOTION WAS THEN MADE BY COUNCIL MEMBER COLE. SECONDED BY COUNCIL
MEMBER NOROIIIST AND UNANIMOUSLY CARRIED TO DENY THE VARIANCE
REQUEST AND GIVE MR. BOYLAN NINETY DAYS TO RELOCATE THE SATELLITE
DISH TO MEET THE SETBACK REQUIREMENTS.
OHM CORPORATION - REQUEST FOR A VARIANCE TO ALLOW PARTIAL GRASS
PARKING FOR EBPANSION
Bob Mangham, Manager of OHM Corporation, appeared before Council
to request a variance to the City's parking requirements to allow
grass parking for 18 of the required 28 spaces for his expansion
project at 13400 Mohawk Road.
It was pointed out that many of the cars on the site are parked
there while the employees are actually out on the road, sometimes
for several days, and the site was not a high traffic area with
vehicles coming and going. Mr. Mangham stated that there were
between six and eight vehicles on the site on a daily basis, and
that there would be ten paved parking spaces and a paved driveway
into the site to accommodate the daily traffic.
Mayor Pool called for comments and no one spoke in favor of or in
opposition to the variance request.
Under Council discussion, Council Member Turville asked if this
could be qualified as to future conditions at the site. City
Attorney Baird stated that conditions could not be put on a
variance.
90-263 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER NOROUIST AND UNANIMOUSLY CARRIED
TO GRANT THE VARIANCE REQUEST ALLOWING EIGHTEEN OF THE REQUIRED
TWENTY-EIGHT PARKING SPACES TO BE GRASS.
FINAL READING OF ORDINANCE 230-M
FINAL READING OF ORDINANCE 231-M
City Manager Saunders asked that the final reading of the two
ordinances be tabled until the second Council Meeting in January
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CITYOF CLERMONT
Ii~IINU~~S
REGULAR COUNCIL MEETING
DECEMBER 11, 1990
PAGE -7-
to allow time to complete the required paper work.
90-264 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE. SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE ORDINANCE 230-M UNTIL
THE SECOND REGULARLY SCHEDULED COIINCIL MEETING IN JANUARY.
90-265 A MOTION WAS THEN MADE BY COUNCIL MEMBER COLE. SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE ORDINANCE 231-M
UNTIL THE SECOND REGULARLY SCHEDULED COUNCIL MEETING IN JANUARY.
RESOLUTION #701
City Manager Saunders explained that this was the second resolution
required for the special assessment project for Disston Avenue,
which has been constructed between Highland Avenue and Highway 50.
90-266 Mayor Pool read the resolution by title only and A MOTION WAS MADE
THE PUBLIC HEARING ON THE SPECIAL ASSESSMENT SLATED FOR THE JANUARY
8, 1991 REGULARLY SCHEDULED COUNCIL MEETING.*
At this point in the meeting, as a matter of propriety, it was
pointed out that the swearing in of the newly elected City Council
Members should have taken place before any new business was
conducted.
City Clerk Van Zile then administered the oath of office to Ken
Norquist, Robert A. Pool, and Lester Cole. Congratulations were
given and the meeting continued with the reapproval of Resolution
#701.
90-267 *A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE SECONDED HY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO READOPT
RESOLUTION #701 WITH THE PUBLIC HEARING ON THE SPECIAL ASSESSMENT
SLATED FOR THE JANUARY 8. 1991 REGULARLY SCHEDULED COUNCIL_MEETING.
HID AWARD
Each Council Member was given a bid recap for the construction of
three tennis courts, one basketball court and one sand volleyball
court. City Manager Saunders explained that the bids included
the necessary fencing, lighting, nets and other required equipment.
He further explained that the apparent low bidder was Varsity
Courts with a base bid of $104,782. By including alternates 1 and
4, the base bid is reduced to $73,932. Springstead Engineering has
investigated the alternates and are recommending that they be
accepted. The Lithonia High Tech lighting will meet all lighting
specifications as indicated in the bid. The alternate fencing was
suggested by both bidders and the specifications indicate it does
have the strength and durability to meet the needs for this type
of use. City Manager Saunders then displayed samples of the
fencing, which comes in various colors and asked the Council what
color was preferred. It was the consensus of Council that the
green fencing would look the best at the park.
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CITYOF CLERMONT
NIINU~ES
REGULAR COUNCIL MEETING
DECEMBER 11, 1990
PAGE -8-
City Manager Saunders then recommended that the bid be awarded to
Varsity Courts, Inc. with the following deletions from the revised
bid amount: (1) $3,077 for sand which is to be placed in the
volleyball court, which can be obtained locally at a nominal price,
and (2) $4,007, which is included for sod, which the City can
install at a much lower cost. The recommended reduced bid award
would be $66,848, with $65,000 in the current budget for the
project and the additional $1,848 appropriated from General Fund
Reserves.
90-268 After a brief discussion of the project, A MOTION WAS MADE BY
COIINCIL MEMBER _DUPEE. SECONDED BY COUNCIL MEMBER COLE AND
UNANIMOUSLY CARRIED TO AWARD THE BID TO VARSITY COURTS IN THE
AMOUNT OF $66,848 WITH PAYMENT COMING FROM THE $65,000 IN THE
CURRENT BUDGET AND THE REMAINING $1,848 COMING FROM GENERAL FUND
RESERVES. THE COUNCIL THEN AUTHORIZED CITY MANAGER SAUNDERS TO
PROCEED WITH THE PROJECT IMMEDIATELY.
PUBLIC COMMENTS
Mr. Art Ekiert, who lives at 953 Fifth Street, stated that he had
spoken to Bob Smythe before he retired concerning removal of some
dead trees on city right-of-way by his house. He then asked if
they could be removed. City Manager Saunders stated that he would
take care of this matter.
There being no further business or discussion, the meeting
adjourned at 9:15 p.m.
Roberti A.-pool, Mayor`
Attest:
J E. Van i e, City Clerk