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12-11-1990 Regular Meeting• CITY OF CLERMONT ~~~~~~ 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. .. ® • CITYOF CLERMONT ~~~~~~ REGULAR COUNCIL MEETING DECEMBER 11, 1990 PAGE -2- 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 . • CITYOF CLERMONT M~~~~i~ REGULAR COUNCIL MEETING DECEMBER 11, 1990 PAGE -3- 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. ~~ ~ i 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. ® • 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. • ~ • 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 ® • 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. • 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