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.
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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.
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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
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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
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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.
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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.
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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