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09-14-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 14, 1993 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 14, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by May°r Pool with the following Council Members present: Council Member Turville, Council Member Cole, Council Member Ivey, and Council Member Norquist. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held August 24, 1993 and WorkshoP meeting held .August 17, 1993 were approved as presented. CITY MANAGER SAUNDERS' REPORT Cable Television Regulations Review Committee City Manager Saunders reported that Lake County is conducting meetings regarding Cable Television regulations. The County has invited the cities to meet to determine if uniform cable television regulations should be established for the entire county.. Council Members did not object to sending a representative to the meeting. Tree Removal Public Services Director Preston Davis has received a report from Joe Bishop, the State Forester, that there are two older trees in City right-of-ways that should be removed. One is located at 1680 12th Street on the west side of the road and: the other is 102 Magnolia on the corner of Magnolia and 2nd Street. Mayor Pool believed the trees should be replaced, however the residents should be consulted first. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 14, 1993 PAGE 2 Pension Board Meeting City Manager Saunders proposed that a quarterly Pension Board Meeting be set for September 28 at 7:00 p.m. before the regular meeting. Council Members agreed. Workshop Meeting City Manager Saunders suggested that a Council Workshop be held before the Special Council Meeting scheduled for September 16, 1993. Council Members agreed to meet at 6:30 p.m. on September 16. CITY ATTORNEY BAIRD'S REPORT Paul Roberts Equipment Agreement City Attorney Baird stated that Paul Roberts has agreed to loan the Police Department his Nautilus weight equipment without cost and an agreement has been drafted. The Police Department will be required to perform a small amount of maintenance, however, they will not have any liability if the equipment is damaged. If Mr. Roberts finds a purchaser for the equipment, the Police Department will have the right to purchase it at the same price. Council Member Ivey asked if the Fire Department personnel will also be able to use the equipment since they also need to keep in good physical condition. City Manager Saunders stated they will investigate this possibility. 93-143 A motion was made by Council Member Turville, seconded by Council Member Cole, and unanimously carried to approve the equipment agreement with Paul Roberts. COUNCIL MEMBER COLE'S REPORT Council Member Cole questioned what is being done regarding the Jackson home on Highway 50 that burned some time ago. City Manager Saunders stated a notice has been issued. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 14, 1993 PAGE 3 MAYOR POOL'S REPORT Mayor Pool commented that the First Annual Employee's Picnic on September 11 was very successful and he thanked those who participated and helped with it. MAYORAL PROCLAMATION Mayor Pool read the Constitution Week Proclamation in its entirety and stated that Constitution Week is designated as September 17 through 23. Mayor Pool urged all citizens to pay special attention during this week to the Federal Constitution and the advantage of American Citizenship. VISITORS WITH BUSINESS John Hurtak, Trustee - Resolution g795 Mayor Pool explained that this is a request for a Conditional Use Permit for the South Lake Plaza Shopping Center which requires a Quasi-Judicial heating and that any.one present wishing to speak in favor of, or opposition to the permit should be sworn in. City Clerk Van Zile swore in the following: John Garzia Bob Smythe - Harry Schwab 676 E. Highway 50, Clermont, Florida 1119 Bloxam, Clermont, Florida 994 Brantley Circle, Clermont, Florida City Manager Saunders stated the applicant is requesting a Conditional Use Permit to amend the existing permit for the South Lake Plaza Shopping Center in order to allow a reconfiguration of the parcel. They propose to parcel out approximately .8 of an acre located adjacent to and west of the existing Kentucky Fried Chicken. The purpose of the out-parcel is for the applicant to construct a 6,000 sq. ft. building on the out-parcel (covered under Resolution #796). They also request a variance to reduce the parking spaces from 10' to 9' for the area west of the main entrance drive which would provide an additional 42 spaces. The new deficiency would be29 parking spaces if the reconfiguration is approved and the 9' parking variance is granted. Planning & Zoning did recommend approval of the request with conditions CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 14, 1993 PAGE 4 as stated in Resolution #795, however, staff recommends denial because of the parking shortage. Mayor Pool opened the Public Hearing. Mr. John Garzia, co-owner of Marie's Hallmark stated he represented Mr. John Hurtak for the South Lake Plaza Shopping Center. He believed it would be in the best interest to build a new building adjacent to Kentucky Fried Chicken. He was in agreement with the conditions as stated in Resolution #795 with the exception of #10 and 11 concerning providing a sidewalk and hedge adjacent to Highland Avenue. He also disagreed with condition #4 which requires all previous conditions stated in Resolution No. 571 shall be met prior to. the issuance of a development permit. He asked to disconnect the new development from the old Conditional Use Permit. Mr. Bob Smythe stated he is a property owner adjacent to the Shopping Center on Bloxam Avenue. He felt the original Conditional Use Permit should be brought into compliance before it is amended. The required planting areas are in poor condition or non-existent and a retention area doesn't exist on the east side of the Center. He asked that the applicant correct the problems with the original Conditional Use Permit. Mr. Harry Schwab stated he was not against the project, however he doesn't like the proposed new construction because a 6,000 sq. fl. building will reduce the amount of parking near his business and the building will also block the visibility of Kentucky Fried Chicken from Highway 50. Signage could also block visibility. He asked that the Conditional Use Permit not be approved until these concerns are addressed. City Manager Saunders stated he did not believe that St. Johns River Management will require the Shopping Center to provide any additional storm water retention because it is an existing center. The present Shopping Center does not have a good design for water retention, however the City Council could add the requirements at this time. Parking requirements presently specify 4 parking spaces per 1,000 sq. ft., however staff is researching other methods setting parking requirements which will meet DCA approval without specifying the number. Mr. John Garzia stated that Marie's Hallmark has no plan to install a street sign and plan to install a ground sign only. He did not want Mr. Hurtak to be required to meet more requirements when he is trying to secure new tenants. The employees of the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 14, 1993 PAGE 5 Center should be required to park in back and that will alleviate some parking problems, however, Mr. Hurtak should re-light the back parking lot. Council Member Turville did not believe that a sidewalk on Highland Avenue would provide any benefits, in fact it would be dangerous for school children to walk on this side of Highland Avenue because they would need to cross the street. Mayor Pool closed the Public Heating and read Resolution #795 by title only. 93-144 After considerable discussion, a motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution #795 with the amendment of eliminating the sidewalk requirement in condition #11 and replacing it with 9' wide double-striped parking. John Hurtak, Trustee - Resolution//796 City Manager Saunders stated this request is for a Conditional Use Permit for the construction of a 6,000 sq. ft. retail building on an out-parcel created by Resolution #795 and a variance request for 9' width parking spaces. Mayor Pool read Resolution #796 by title only and stated that those wishing to speak in favor of or opposition to the request should be sworn in. City Clerk Van Zile swore in the following: John Garzia Lanny Harker 676 E. Highway 50, Clermont, Florida 26330 SE County Road 42, Umatilla, Florida City Manager Saunders stated that the Planning and Zoning Commission did recommend approval or Resolution #796 with conditions as stated, however an additional condition allowing 9' parking width should be added. Mayor Pool closed the Public Hearing. 93-145 A motion was made by Council Member Turville. seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution #796 adding an additional condition allowing 9, double- striped parking width. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 14, 1993 PAGE 6 UNFINISHED BUSINESS David Johnson, Request for Revised Conditional Use Permit City Manager Saunders stated that the request for Revised Conditional Use Permit for David Johnson has been requested to be tabled to October 12. 93-146 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to table the request for Revised Conditional Use Permit for David Johnson to October 12. Final Reading of Ordinance #279-C Mayor Pool explained that this is the final reading of Ordinance 279-C which will amend the Zoning Ordinance for Open Air Sales Permits. Mayor Pool stated that Zoning Ordinance amendments require a Quasi-Judicial Hearing, and that anyone. wishing to speak in favor of, or in opposition to the amendment should be sworn in (no one present asked to be sworn in). Mayor Pool read Ordinance 279-C by rifle only. 93-147 A motion was made by Council Member Ivey_, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Ordinance 279-C. NEW BUSINESS Introduction of Ordinance #256-M City Manager Saunders explained that this ordinance is the same franchise agreement that we have for the other commercial carriers which requires a monthly franchise fee. The ordinance will grant a commercial garbage franchise to BFI Waste Systems who has purchased the assets of Florida Garbage Service which has been operating under an approved franchise in the City. Mayor Pool read Ordinance 256-M by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING SEPTEMBER 14, 1993 PAGE 7 93-148 A motion was made by Council Member Ivey_ and seconded by Council Member Cole to introduce Ordinance 256-M. Bid Award - Sunnydell Sewer Replacement City Manager Saunders stated that three bids were received for the Sunnydell Sewer replacement, however, there is such a large variation in price that he recommended that all bids be rejected and the specifications be reviewed and the project rebid. 93-149 A motion was made by Council Member Norquist, seconded by Council Member Ivey, and carried unanimously to reject all bids and rebid the project. There being no further business or discussion, the meeting adjourned at 9:25 p.m. Robert A. Pool, Mayor Attest: Clerk