05-09-1989 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
May 9, 1989
The Regular Meeting of the City Council of the City of Clermont was
held Tuesday, May 9, 1989 in the Council Chambers. The meeting was
called to order at 7: 30 p.m. by Mayor Pool wi th the following
Council Members in attendance: Mayor Pro Tern Turville, Council
Member Dupee, Council Member Cole, and Council Member Norquist.
Other City Off icials present were Ci ty Manager Saunders, City
Attorney Baird, Finance Director Van Zile, Planning Director
McAllister, 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 April 25, 1989 and Minutes
of the Workshop Meeting held April 18, 1989 were approved as
presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
FALL TRIATHLONS
City Manager Saunders stated that he had been contacted by Fred
Sommer regarding holding three triathlons in the fall, and
requesting early approval of the use of Jaycee Beach so the events
might be advertised in national magazines. The three events are
scheduled to be held October 8 and 28, 1989 and November 25, 1989.
89-057 A MOTION WAS MADE BY COUNCIL MEMBER TORVILLE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED GRANTING APPROVAL TO HOLD THE
TRIATHLONS ON OCTOBER 8TH, AND 28TH AND NOVEMBER 25TH, 1989.
CHANGE ORDER - LIFT STATION #30
City Manager Saunders explained that this change order lowered the
original contract price for lift station #30 by $2,127.60, $900 for
liquidated damages and $1,227.60 for land acquisition. The
additional land was required when the contractor built part of the
lift station on adjacent property. City Manager Saunders also
asked that the Lift Station be given final approval and accepted
into the city system.
89-058 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO APPROVE THE CHANGE ORDER
LOWERING THE ORIGINAL CONTRACT PRICE OF LIFT STATION NO. 30 BY
$2,127.60 'AND GRANTING FINAL APPROVAL AND ACCEPTANCE OF THE LIFT
STATION INTO THE CITY SYSTEM.
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PENSION BOARD MEETING
It was reported that there would be a meeting of the Pension Board
at 7:00 p.m. on Tuesday, May 23, 1989, right be before the Council
Meeting.
COUNCIL MEMBER DUPEE. S REPORT
LEAGUE OF CITIES LEGISLATIVE ACTION DAY
Mrs. Dupee presented a brief overview of her recent trip to
Tallahassee for the League's Legislative Action Day and reported
that the proposed bill to stop government mandates to cities was
having problems in the House because they kept tacking on
amendments and exceptions. A citizen petition drive may be needed
to get the legislation passed.
MAYOR POOL. S REPORT
Mayor Pool stated that he did not have a report as such, but that
he wished to thank Florida Rock Industries for the generous
donation of sand for the Jaycee Beach area and Dewitt Excavating
for hauling the sand at a very reduced cost of $15 per truck.
VISITORS WITH BUSINESS
DAVID FOJO - RESOLUTION #616, REQUEST FOR CONDITIONAL USE PERMIT
Ci ty Manage r Sa unde rs expl a ined that Mr. Foj 0 was reque sting a
Conditional Use Permit for the construction of one triplex and one
duplex on a portion of lots 1, 2, and 3, Block 47, which is located
on the western shore of Crystal Lake just south of DeSoto Street.
It was further explained that the Planning and Zoning Commission
at their meeting held May 2, 1989, had recommended approval of the
project by a seven to one vote. Three residents of the area were
present at the meeting and voiced opposition to the project based
on density. However, the proposed density of this project meets
the Zoning Code and Comprehensive Plan requirements for units per
acre. As designed, the density calculation is 7.98 units per acre,
whereas, 8 units per acre are allowable. A variance to the rear
yard setback requirement to 14' where 25' is required is also being
requested and Staff is recommending denial of this because the
buildings can be positioned on the property so as not to require
a variance.
Mr. Foj 0 then appeared before Council and explained his request and
the reason for the variance. He stated that the lakeside would be
the rear yard and wished to maintain for aesthetic reasons a large
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lawn on the lakeside and only one driveway e~tering the property.
The buildings could be repositioned so as not to require the
variance, but it would place them very close together and cause a
privacy problem, which Mr. Fojo stated that he really did not want
to do. The site plan as presented saves all the trees on the site
and keeps it as natural as possible. However, if the buildings are
repositioned on the site, two driveways would be required and some
the trees might have to be cut down.
Mayor Pool then called for comments from those present. A Mr.
Horton stated that he opposed the entire project and thought it to
be unsuitable for the lakefront property.
Mr. Richard Harris, whose property abuts Mr. Fojo's property on the
south, stated in a letter, part of which was read, that he was not
opposed to the project, but only the variance.
Nilsa Whitehead stated that she was not opposed to the project, but
was opposed to the variance being granted.
Mr. Fowler and Mr. Gagne stated that they were opposed to the
entire project because of the density.
Much discussion ensued concerning Mr. Fojo's proposal, with City
Planner McAllister pointing out some of the other advantages with
this type of layout for the buildings.
89-059 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL
MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY
CARRIED THAT THE REQUEST BE TABLED AND THAT MR. FOJO BRING BACK
BEFORE COUNCIL A REVISED SITE PLAN SHOWING NO VARIANCE AS SOON AS
POSSIBLE.
GEORGE WOOD - REQUEST FOR SETBACK VARIANCE
Mr. Wood, representing the owners of the Skyline Motel at 190
Highway 27, appeared before Council to request a variance from the
required setback of 50' to 35' in order to construct a sixty-five
seat restaurant on the site in front of the swimming pool.
Mr. Wood pointed out on the site plan that two of the existing
motel units presently encroach into the required front yard setback
by approximately 15', and there would be no new encroachment
because the restaurant would be 5' farther back than the existing
encroaching buildings. Mr. Wood also gave each Council Member a
setback study he had made indicating that existing setback had not
been centered on the highway right-of-way.
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After reviewing the site plan, Planning Director McAllister
explained the Florida Department of Transportation's long range
goals of six laning, with 242' of right-of-way being needed at that
time. In discussing the timetable for such a project, it was
mentioned that this probably would not occur for another twenty
years.
Mayor Pool called for comments from those present, and no one spoke
in favor of or opposition to the variance request.
89-060
In light of the information presented, A MOTION WAS MADE BY COUNCIL
MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY
CARRIED GRANTING THE REQUESTED VARIANCE FROM THE REQUIRED SETBACK
OF 50' TO 35' FOR 190 US HIGHWAY 27 (THE SKYLINE MOTEL).
ROBERT AND JANlNE KIDDER - REQUEST FOR LOT WIDTH VARIANCE
Ci ty Manager Saunders explained that Mr. and Mrs. Kidder were
requesting a variance from the required minimum lot width of 100'
to 90' for Lot 10, Lake Highland Estates located at 1650 Drew
Avenue, between Lakeshore Drive and Minnehaha Avenue.
It was further explained that the lots were originally platted in
this configuration and in the past the City Council had granted
variances for the 90' frontage. The lot meets all other
requirements for the R-1-A Zone, and Staff recommends approval of
the request.
Mayor Pool called for comments from those present, and Chester
Brown who lives at '211 Palm Lane stated he opposed the request
because the City should uphold its zoning ordinance and not grant
any variances. City Manager Saunders stated that the lots were
platted prior to the present zoning ordinance being in effect and
had the same person owned them continuously since 1967, no variance
would have been required because the lot would enj oy "Grandfa ther"
status.
A letter from Catherine Rathwick approving of the request was also
read.
89-061 After a brief discussion of the request, A MOTION WAS MADE BY
COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TORVILLE, AND
UNANIMOUSLY CARRIED TO APPROVE THE LOT WIDTH VARIANCE OF 90' FOR
LOT 10, LAKE HIGHLAND ESTATES.
ROBERT BUGNI - REQUEST FOR VARIANCE TO THE MINIMUM LOT SIZE
REQUIREMENT
Mr. Bugni appeared before Council to request a variance from the
minimum lot size requirement of 7,500 square feet to 6,608 square
feet for Lot 1, Block A, Minnehaha Chain-of-Lakes Subdivision
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located on the southeast corner of the intersection of Bloxam
Avenue and Hook Street. Mr. Bugni stated that he was granted the
same variance approximately sixteen months ago, but that he had
failed to start construction within one year and the variance had
become void. Mr. Bugni further stated that at this time, due to
his wife's ill health, he wanted to sell and lot and had a contract
pending on the outcome of the request.
City Manager Saunders pointed out that most of the lots in the area
contained 6,500 square feet and that the lot would not be out of
line.
Mayor Pool called for comments, and no one spoke in favor of or
opposition to the request.
89-062 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL
MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE TO
THE MINIMUM SIZE OF 7,500 SQUARE FEET TO 6,608 SQUARE FEET FOR LOT
1, BLOCK A, MINNEHAHA CHAIN-OF-LAKES SUBDIVISION.
BOB THOMPSON - REQUEST FOR EASEMENT ACROSS LAKE MINNEOLA DRIVE FOR
IRRIGATION LINE TO CHERRY KNOLL
Mr. Thompson appeared before Council to explain his request for an
easement to place an irrigation line across Lake Minneola Drive.
He stated that the irrigation line had already been installed to
provide irrigation for all landscaping at the Cherry Knoll
Townhouse Development. Mr. Thompson further explained that he had
obtained all the required permits from the various regulatory
agencies and was under the impression that he was not violating the
City's policy concerning pumping water from lakes within the city
limits.
City Manager Saunders explained that several years ago the City
adopted a policy which stated that a developer could not cross city
right-of-way to pump out of an internal lake. However, this policy
did not address the lakes connected to the chain-of-Iakes. It was
the intent, at that time, that any requests for pumping from the
chain-of-Iakes, which resulted in crossing city right-of-way, would
be addressed on a case by case basis.
Bob Tracy, who installed the irrigation line, explained that the
St. Johns Water Authority has issued an exemption for the pump, and
that exemptions were issued for consumption of less than 100,000
gallons per day. He further explained that the projected
consumption for the project would be approximately 60,000 gallons
every other day.
Much discussion ensued concerning the question of pumping from the
aquifer as opposed to pumping from surface water and it was pointed
out that there were valid arguments from both sides. Mr. Tracy
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stated that Will Davis, Director of the Lake Water Authority,
recommended pumping from the surface water of the lake, mainly
because of the unknown factor involved when pumping large amounts
of water from the aquifer, which is the source of all drinking
water for the entire State of Florida. His opinion is consistent
with those of the other regulatory agencies, which seem to be based
on the fact that if a problem arises from pumping from a lake, it
is visible and measures can be taken to correct it.
Council Member Turville stated that he was opposed to this position
and stated that we should be better stewards of the lake than to
allow that much water to be pumped fram the lake. It was further
stated that he believed there would be no enforcement of the
pumping limits as set forth.
Some further discussion ensued concerning pumping regulations and
how much of the water being taken out of the lake for irrigation
would soak back into the ground and end up back in the lake. It
was stated that 60% would go back in the lake and 40% would
evaporate during irrigation.
Council Member Norquist asked if the City could place restrictions
on the easement, and City Attorney Baird advised that State
Agencies regulated water consumption through pumping. Mr. Tracy
then informed the Council that the maximum allowable was one
million gallons per month.
89-063 After considerable discussion, A MOTION WAS MADE BY COUNCIL MEMBER
NORQUIST, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO
ONE VOTE WITH MAYOR PRO TEM TURVILLE VOTING NAY, TO GRANT THE
EASEMENT REQUEST FOR AN EASEMENT ACROSS LAKE MINNEOLA DRIVE FOR AN
IRRIGATION LINE.
NEW BUSINESS
INTRODUCTION OF ORDINANCE 204-M, REZONING REQUEST
City Manager Saunders explained that the owners of Lots
4,5,6,7,8,9, Block 137 and the north 1/2 of the closed Highland
Avenue right-of-way located west of Twelf'th Street and south of
Highway 50 are requesting that the property be rezoned from R-1-A
to R-3-A. The property is located just north of the Twel fth Street
Park site and south and east of Emerald Lakes Mobile Home Park.
He further explained that the Planning and Zoning Commission at
their meeting held Tuesday unanimously recommended approval of the
rezoning request. The final reading of the ordinance will take
place on June 13, 1989.
There was no discussion of the proposed ordinance and Mayor Pool
then read Ordinance 204-M by title only.
Council Member Dupee left at this point in the meeting.
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89-064 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL
MEMBER TURVILLE TO INTRODUCE ORDINANCE 204-M. THE ORDINANCE WAS
READ BY TITLE ONLY BY MAYOR POOL.
LEASE AGREEMENT - SOUTH LAKE YMCA
City Manager Saunders explained that the YMCA was requesting to
exercise their option and renew their lease for the building at 630
West DeSoto Street for another year at the same rate of $101 per
month.
89-065 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER NORQUIST AND. UNANIMOUSLY
CARRIED WITH COUNCIL MEMBER DUPEE BEING ABSENT, TO RENEW THE LEASE
WITH THE SOUTH LAKE YMCA FOR ONE YEAR AT A RATE OF $101 PER MONTH.
INTRODUCTION OF ORDINANCE 203-M
City Manager Saunders explained that this ordinance would close and
permanently abandon that portion of the Bloxam Avenue right-of-way
lying north of the Grand Highway to the northerly city limits which
divides the two parcels under contract for purchase by South Lake
Memorial HOspital.
It was further explained that at this time it would be better that
the ordinance not be introduced until such time as it is certain
the hospital will be built on the property, because if it is never
constructed, the City may wish to retain the right-of-way,
depending on how the property is developed. During the first
meeting in June a public hearing for the Comprehensive Plan
amendment allowing a hospital to be located in this area and the
Conditional Use Permit for the hospital will be heard.
89-066: There was no further discussion, AND THE ORDINANCE WAS NOT
INTRODUCED AT THIS TIME.
At this point in the meeting, Council Member Dupee returned.
CITY/COUNTY INTERLOCAL AGREEMENT
It was explained that the Interlocal Agreement between Lake County
and the cities of Lake County would allow the County, if 75% of the
cities participate, to apply for up to $280,000 in grant money
which could be received and expended for consulting firms to study
recycling al ternatives and develop and implement a countywide
recycling plan for Lake County.
Council Member Turville, who is the City's representative to the
County Recycling Committee, stated that the Committee had met twice
and were of a consensus that it would be in the best interest of
all the cities and unincorporated areas of the County to have a
countywide recycling program.
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City Manager Saunders reported that as of tonight, 60% of all of
the cities in Lake County had signed the agreement. If 75% of the
ci ties do not sign the agreement, it was pointed out that the
County would then be eligible to receive only $67,000, which would
place an undue financial burden on the cities who signed the
agreement.
Council Member Turville stated that he did not want to have the
Ci ty of Clermont enter into the agreement if 75% of the cities
ultimately did not sign the interlocal agreement.
89-067 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TORVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
THAT THE CITY ENTER INTO THE AGREEMENT WITH THE COUNTY AND THE CITY
WILL DELIVER THE AGREEMENT TO THE COUNTY IF 75% OR MORE OF THE
CITIES HAVE SIGNED IT.
GRANT AMENDMENT
City Manager Saunders explained that this was the final grant
amendment for the treatment plant expansion, and that the Council
had actually closed the project and approved the final budget
amendment in February. This grant amendment will close the
project with the EPA and refers to the $26,812 reduction in the
overall grant which was taken into account with our closing and
budget amendment in February.
89-068 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO
ACCEPT THE FINAL GRANT AMENDMENT IN THE AMOUNT OF A $26,812
REDUCTION IN THE OVERALL GRANT TO CLOSE OUT THE TREATMENT PLANT
EXPANSION PROJECT WITH THE ENVIRONMENTAL PROTECTION AGENCY.
BUDGET AMENDMENT
City Manager Saunders explained that several months ago the City
had applied for a permit to fill in the ditch between CR561 and the
abandoned railroad right-of-way north of West Beach. The required
permi ts have been received and are ready to proceed wi th the
beautification project.
It was further explained that three quotes were obtained for the
excavation work, with the low quote being $7,500, and that a
budget amendment in that amount for the Parks and Recreation
Committee was being requested to complete the project.
City Manager Saunders continued by stating that Public Works
Director Smythe: had contacted the local companies that have
equipment to do this type of work and we feel confident that the
low quote we received is competitive. The other two quotes were
$10,000 and $12,000.
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89-069. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
NORQUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
APPROVING THE BUDGET AMENDMENT IN THE AMOUNT OF $7,500 TO GENERAL
FUND RESERVES FOR THE EXCAVATION WORK AT WEST BEACH.
PROCLAMATION - HONORING TEACHER APPRECIATION WEEK
At the end of the meeting, Mayor Pool read a Proclamation
proclaiming the week of May 14-20 as TEACHER APPRECIATION WEEK IN
THE CITY OF CLERMONT.
PUBLIC COMMENTS
Emma McDuffy, who was present in the audience, asked if she would
be able to install an irrigation system at the new home she is
having built and run a line under the road to pump out of East
Lake. It was explained that the City had a policy against crossing
city right-of-way to pump out of the small internal lakes within
the ci ty limits.
Mrs. McDuffy stated that she understood, and thanked the Council
for their time.
There being no further business or discussion, the meeting
adjourned at 10:00 p.m.
/2h~/Z~
Robert A. Pool, Mayor ~
Attest:
Ci ty Clerk