07-24-1990 Regular Meeting• •
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JULY 24, 1990
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, July 24, 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 Norquist, Council Member Cole and Council Member Dupee.
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 Nilsa Whitehead followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Regular Meeting held July 10, 1990 were approved
as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
WORKSHOP MEETING
As discussed at the previous workshop meeting, City Manager
Saunders reminded the Council that the next Budget Workshop would
be held Wednesday, August 1, 1990 at 6:00 p.m. in the City Hall
Conference Room.
LAKE COUNTY WATER AUTHORITY
The Council was informed that the next meeting of the Lake County
Water Authority would be held at 5:30 on Wednesday, July 25, 1990,
p.m. at their building in Tavares.
MAINTENANCE AGREEMENT - CONTROL SPECIALISTS
City Manager Saunders asked for Council approval to enter into a
maintenance agreement with Control Specialists for servicing of
the City's traffic signals. Terms of the contract were discussed
at the Budget Workshop held July 17, 1990.
90-134 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED
TO ENTER INTO THE MAINTENANCE AGREEMENT WITH CONTROL SPECIALISTS
FOR SERVICING THE TRAFFIC SIGNALS.
COMPREHENSIVE PLAN REVISIONS/MAPS
City Manager Saunders asked Council approval to have Springstead
Engineering, Inc. supply 36 - 38 maps required for the City's
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CITY OF CLERMONT
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revised Comprehensive Plan at a cost of $3,800. The maps will be
digitalized and computer generated.
90-135 After a brief discussion of the requirements, A MOTION WAS MADE BY
COUNCIL MEMBER DUPES, SECONDED BY COUNCIL MEMBER COLE AND
UNANIMOUSLY CARRIED TO APPROPRIATE $3,800 FOR COMPREHENSIVE PLAN
MAPS SUPPLIED BY SPRINGSTEAD ENGINEERING, INC.
WATER LINE REPLACEMENT PROJECT
At this point in the meeting, Council Member Turville asked for an
update on the City's Water Line Replacement Project. City Manager
Saunders stated the• project was 60$ completed. Major problems had
been encountered with Wimmer Construction, the company installing
the lines, and they were now on their fourth job supervisor and
with him on the job things seemed to be working a little more
smoothly.
Mr. Saunders continued by stating that the company was presently
working on the restoration of Minnehaha Avenue, which has caused
a series of problems which were now being resolved. The new lines
on Minnehaha Avenue have been pressure tested and the
bacteriological tests performed, and as soon as the DER
certification is received they can be placed into service.
Pressure testing of Lakeview Avenue occurred on Friday. Mr.
Saunders concluded by stating that weekly progress meetings were
being held and the company's activities were being carefully
monitored.
COUNCIL MEMBER NORQUIST'S REPORT
LAKE COUNTY RAILS TO TRAILS
Council Member Norquist reported that he had met with Chuck Pula,
Lake County Recretion Director, and the Rails to Trails linear park
was closer to becoming a reality because the State Department of
Natural Resources had verbally agreed to purchase the railroad and
privately owned properties if the County would commit to developing
it into a park.
Mr. Norquist then asked the Council if the City would vomit to
construction of the trail over a five year period of time because
the County will make its decision in two weeks. Council Member
Turville questioned if a dollar figure was available for the cost
to develop one mile of the trail. Council Member Norquist stated
that it would depend on what type of trail was built, so the actual
cost would be whatever the Council chose to spend. Nilsa
Whitehead, Chairperson of the Parks and Recreation Board, asked if
the City would still own the land it had purchased, if the State
was going to buy the property.
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After a brief discussion, it was the 'consensus of Council to
continue the dialogue at tomorrow's workshop meeting.
At this point in the meeting, Mayor Pool welcomed Shane Lanier, a
Boy Scout who is working on his Community Service badge, and waS
present with his mother and sister.
VISITORS WITH BUSINESS
RESOLUTION # 672 -BRUCE STEWART, OPEN DOOR BAPTIST CHURCH REQUEST
FOR A CONDITIONAL USE PERMIT FOR CONTINUED TEMPORARY OPERATION OF
A CHURCH AT 1705 GRAND HIGHWAY
No one from the church was present to present the request. City
Manager Saunders then explained that the applicant was requesting
a Conditional Use Permit to operate a church on a temporary basis
at 1705 South Grand Highway, and that the church had been operating
at this location for the past six (6) months under a temporary
Conditional Use Permit which expired June 6, 1990.
It was further explained that the church had broken ground for its
new building and planned to relocate to the permanent location
north of the city in the near future, but needed additional time
to complete their new structure.
Mr. Saunders further stated that Staff feels the applicant will
need a minimum of six (6) months to obtain the necessary plans and
permits to begin construction, and recommended that the use not be
extended for longer than twelve (12) months. It was also reported
that the Planning and Zoning Commission 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.
90-136 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY
ROLL CALL VOTE TO ADOPT RESOLUTION #672 GRANTING A CONDITIONAL USE
PERMIT TO TEMPORARILY OPERATE A CHURCH AT 1705 GRAND HIGHWAY. THE
RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL.
RESOLUTION #673
Due to the nature of this request and the fact that no one was
present to represent the applicant, City Manager Saunders asked
that the item be placed at the end of the agenda to see if scaneone
would be present. It was the consensus of Council to do so.
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RESOLUTION #675 - T. L. DAY, T. L. DAY PROPERTIES, REQUEST FOR A
CONDITIONAL USE PERMIT FOR COMBINED USE OF FIVE TOWNHOMES AND FIVE
PROFESSIONAL OFFICES AT SW CORNER OF BROOME STREET & LAKE AVENUE
City Manager Saunders explained that the applicant was requesting
a Conditional Use Permit to accommodate a mixed use of five (5)
townhomes in the upper level of the building, with the lower level
being divided into basement/storage area and five (5) professional
offices consisting of 520 square feet each located at the southwest
corner of Broome Street and Lake Avenue.
The developer, Terry Day, was present to answer any questions
concerning the project.
City Manager Saunders further stated that the Planning and Zoning
CoQnmission and Staff recommend approval of this request subject to
the conditions as stated in Resolution #675. Mayor Pool called for
comments from those present and no one spoke in favor of or in
opposition to the request.
It was mentioned that the topography of the site had been a
concern, but this item was addressed with the use of retaining
wal 1 s .
90-137 There being no further comments or discussion, A MOTION WAS MADE
BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #675
GRANTING A CONDITIONAL USE PERMIT FOR THE COMBINED USE OF FIVE
TOWNHOMES AND FIVE PROFESSIONAL OFFICES TO BE CONSTRUCTED AT THE
SOUTHWEST CORNER OF BROOME STREET AND LAKE AVENUE. THE RESOLUTION
WAS READ BY TITLE ONLY BY MAYOR POOL.
RESOLUTION #674 - T. L. DAY, T. L. DAY PROPERTIES, REQUEST FOR A
CONDITIONAL USE PERMIT TO CONSTRUCT A THIRTY-EIGHT UNIT TOWNHOMB
DEVELOPMENT LOCATED SW OF THE INTERSECTION OF GRAND HIGHWAY AND
THE BLOXAM AVENUE RIGHT-OF-WAY
City Manager Saunders pointed out the property on an aerial
photograph and explained that the applicant was requesting a
Conditional Use Permit to construct a 38 unit townhome development
on portions of Lots 5 and 6, Block F, located west of the Bloxam
Avenue right-of-way, south of Grand Highway and behind the single
family homes located on Grand Highway.
As Mr. Saunders discussed the proposed project, he indicated that
the project would have an entrance from Grand Highway as well as
Bloxam Avenue; and that the applicant was requesting a variance
with the project for a 50' right-of-way for the internal streets,
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
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whereas, our code requires a 60' right-of-way. Mr. Saunders
emphasized that streets would be built to city standards and
specifications, but the right-of-way would be 10' less than
required for standard city streets.
Much discussion ensued concerning this variance, with Council
Members Turville and Dupee expressing their concerns that a
precedent not be set. City Attorney Baird stated that the 60'
right-of-way was not needed because the internal streets were
confined within the development and were not through streets. He
f urther advised that the Council needed to ask themselves if this
was the amount of right-of-way needed for this type of development,
keeping in mind that the street width would remain the same.
City Manager Saunders pointed out that the developer had the option
to make the internal streets private with a 30' right-of-way, which
could cause problems in the future if the streets were later taken
over by the City. The 50' right-of-way is a compromise street
plan.
Mayor Pool called for comments from those present and no one spoke
in favor of or in opposition to the proposed development.
It was also pointed out that the Planning and Zoning Commission and
Staff recommend approval of this request subject to the conditions
as stated in Resolution #674.
90-138 There being no further discussion, A MOTION WAS MADE BY COUNCIL
MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY
CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #674 GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT A THIRTY-EIGHT (38) UNIT
TOWNHOME DEVELOPMENT LOCATED SOUTHWEST OF THE INTERSECTION OF GRAND
HIGHWAY AND THE BLOXAM AVENUE RIGHT-OF-WAY. THE RESOLUTION WAS
READ BY TITLE ONLY BY MAYOR POOL.
UNFINISHED BUSINESS
It was explained that there was no new information concerning the
proposed annexation of properties eas t of the City, the majority
being the Fosgate property, as well as the Planned Unit Development
request .
90-139 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY
CARRIED TO TABLE UNTIL FURTHER NOTICE THE FOLLOWING: FINAL READING
OF ORDINANCE 219-M, FINAL READING OF ORDINANCE 215-M, RESOLUTION
#665, FINAL READING OF ORDINANCE 216-M, FINAL READING OF ORDINANCE
217-M, FINAL READING OF ORDINANCE 217-M, FINAL READING OF ORDINANCE
220-M, FINAL READING OF ORDINANCE 223-M AND FINAL READING OF
ORDINANCE 221-M.
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MINUTES
REGULAR COUNCIL MEETING
JULY 24, 1990
PAGE -6-
It was the consensus of Council that City Manager Saunders contact
any property owner whose property was contiguous to the present
city limits to ask them if they might wish to proceed with their
annexation and not wait until such time as the Fosgate property is
annexed. City Manager Saunders stated that he would do so.
NEW BUSINESS
LEASE AGREEMENT
City Manager Saunders asked that this item be tabled until the
August 14, 1990 Council Meeting because the Ministerial Association
was meeting later to discuss use of the building.
90-140 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE DISCUSSION OF THE
LEASE AGREEMENT UNTIL THE AUGUST 14, 1990 COUNCIL MEETING.
AD VALOREM MILEAGE RATE
Mayor Pool explained that under the Florida Statutes, the City was
required to return to the property appraiser a proposed millage
rate by August 3, 1990 and that the proposed millage could be
lowered but not raised after that date. As previously discussed
at our Budget Workshop, the Staff is proposing a .5 mill increase
in the rate to 2.929 (up from 2.429).
The Public Hearing concerning this rate will be September 18, 1990.
90-141 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED SETTING
THE PRELIMINARY AD VALOREM MILEAGE RATE FOR THE CITY OF CLERMONT
AT 2.929 MILLS FOR FISCAL YEAR 1990-91.
RESOLUTION #673 -ANGELICA JIMINEZ, SHRIMP BY THE POUND REQUEST FOR
A CONDITIONAL USE PERMIT TO OPERATE A RESTAURANT IN THE C-1
DISTRICT AT 811 WEST HIGHWAY 50
Since no one was present to answer questions concerning this
request, it was recommended by City Manager Saunders that this item
be tabled until the August 14, 1990 Council Meeting because the
Planning and Zoning Commission's recommendation differed from that
of Staff .
90-142 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO TABLE RESOLUTION #673
UNTIL THE AUGUST 14, 1990 COUNCIL MEETING.
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REGULAR COUNCIL MEETING
JULY 24, 1990
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PUBLIC COMMENTS
At this point in the meeting Mayor Pool called for any comments or
questions from those present.
Nilsa Whitehead expressed her. thoughts concerning a Letter to the
Editor which appeared in the South Lake Press concerning the age
restrictions placed on those who may go to Jaycee Beach without an
adult being present.
The sign states that no one under the age of twelve may be at the
beach without an adult present.
Mrs. Whitehead stated that she wished to commend the City Council
and the City for taking this action. because she had been down to
the beach, and as Chairperson of the Parks and Recreation Board,
she wanted it to be known that the City is not a babysitting
service, and she was appalled at what she saw during the Fourth of
July holiday. Mrs. Whitehead further stated that she had expressed
her concerns to Julie and Wayne at what she had seen concerning
unescorted minors ages four and five being dropped off.
Mrs. Whitehead continued by stating that the City had done a great
deal this year to provide supervised activities for the children
of Clermont.
Mayor Pool stated that the Letter to the Editor had made a point
that there were no activities and asked what the hours were for the
Summer Recreation Program. Mrs. Whitehead stated that the hours
were from 8:00 a.m. to noon and that track was offered in the
afternoon. All activities were free and adult supervised. City
Manager Saunders stated that 117 children had signed up for the
activities this year, which was the biggest group of children the
City ever had participate in the summer program.
Mrs. Whitehead then commented that she had two children ages ten
and thirteen and would never allow them to go to the beach
unaccompanied by an adult.
Becky Lanier, who was present in the audience, stated that she for
one would never swim alone and stressed the "buddy system" with the
kids whenever she had them at the beach.
She also stated that she was present at the beach when the young
lady drowned and she had seen for herself the two children the
young girl was with at the beach go down to the beach many times
before unsupervised.
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Mrs. Lanier continued by stating that last year she had picked up
the two boys the young girl was with and taken them down to the
beach, watched them herself, and then took them home because she
did not like the children to be down at the beach without a
parent. The little girl who drowned was swimming all alone.
Mrs. Lanier also stated that she watched her (the young girl) on
a float and never realized that she was there with no adult to
watch her, and the life guards cannot do that, that is not their
job. They are there to see someone who is in trouble. If that
little girl jumped off the dock and hit her head, then they (the
life guards) cannot watch everyone of the kids and they don't know
them by name. A mom or parent knows her or his child's name and
can be looking for their kids out in the water.
Mayor Pool stated that it was a tragedy that this happened and then
emphasized that it is very important to have parental supervision
at the beach. He reiterated that the City was not banning children
from the beach, but had to start somewhere.
There being no further comments, the meeting adjourned at 8:15 p.m.
Rober A. Pool, Mayor
Attest:
s E. Va e, City Clerk