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08-24-1993 Regular MeetingCITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1993 93- A regular meeting of the City Council of the City of Clermont was held Tuesday, August 24, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor 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 Whiflock. 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 10, 1993 and Workshop meeting held August 5, 1993 were approved as presented. CITY MANAGER SAUNDERS' REPORT Clermont Garden Club's Annual Flower Show March 25 and 26 City Manfiger Saunders stated that the Clermont Garden Club has requested the use of Jenkins Auditorium at no cost for their annual Flower Show set for March 25 and 26, 1994. They have held this event at Jenkins for many years and do not charge an admission fee. 133 A motion was made by Council Member Turville, seconded by Council Member Cole and carried unanimously to approve the rental of Jenkins Auditorium at no charge to the Clermont Garden Club for their annual Flower Show on March 25 and 26, I994. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1993 PAGE 2 VISITORS WITH 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 September 14. 93-134 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously to table the request for Revised Conditional Use Permit for David Johnson to September 14. Kurt Damron, Resolution//792, Conditional Use Permit City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to operate a combination retail sales and light manufacturing for 1295 W. Highway 50. They are proposing to operate a retail specialty auto parts sales in the front of the building and fabricate and assemble specialty cars in the rear section of the building. The Conditional Use Permit is for a temporary period of 12 months because Mr. Damron has purchased property on Mohawk Road and plans to build a facility on that site in the near future. Mayor Pool stated that a request for a Conditional Use Permit requires a Quasi- Judicial Hearing, and that anyone wishing to speak in favor of, or in opposition to the permit should be sworn in. Mr. Rick McCoy, 721 West Avenue, Clermont and Mr. Kurt Damron, 12391 Coriander Dr., Orlando were sworn in by City Clerk Van Zile. Mayor Pool read Resolution #792 by title only and opened the Public Hearing. Mr. Rick McCoy stated that he is the project engineer for Mr. Damron for the Mohawk Road building. Mr. Damron sells specialty auto parts and builds dragsters, and he wants to use the site at 1295 W. Highway 50 site until the building is completed on Mohawk Road. City Manager Saunders stated that he has visited Mr. Damron's Orlando operation. Planning Zoning Commission recommends approval with the conditions as listed in Resolution #792 and the staff also recommends approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1993 PAGE 3 Mr. Damron stated they construct dragster frames which are sold one at a time. A chopsaw makes some noise, but it should not be heard outside the building confines. The hours of operation will be from 7:00 a.m. to about 7:00 p.m. four or five days a week. Mayor Pool closed the Public Hearing. 93-135 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution t7792. UNFINISHED BUSINESS Final Reading of Ordinance 253-M City Manager Saunders stated that this is the final reading of Ordinance 253-M requested by the Presbyterian Church to rezone the southwest corner of Chestnut Street and East Avenue from R-2 to R-3A to allow a pre-school. Planning & Zoning and staff recommend approval. Mayor Pool stated that a request to rezone requires a Quasi-Judicial Hearing, and that anyone wishing to speak in favor of, or in opposition to the request should be sworn in. Mr. Rick McCoy, 721 West Avenue, Clermont was sworn in by City Clerk Van Zile. Mayor Pool read Ordinance 253-M by title only and opened the Public Hearing. Mr. Rick McCoy stated that the rezone from R-2 to R-3A was requested because it will allow the operation of a day care. City Manager Saunders stated the property is contiguous with other R-3A properties. Mayor Pool closed the Public Hearing. 93-136 A motion was made by Council Member Ivey, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Ordinance 253-M. Presbyterian Church, Resolution g790, Conditional Use Permit City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to operate a day care center and construct approximately 2,100 sq. feet of CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1993 PAGE 4 additional office space at the existing Presbyterian Church located at 131 Chestnut Street. Mayor Pool stated that a Conditional Use Permit requires a Quasi-Judicial Hearing, and that anyone wishing to speak in favor of, or in opposition to the permit should be sworn in. Mr. Rick McCoy, 721 West Avenue, Clermont was sworn in by City Clerk Van Zile. Mayor Pool read Resolution/?790 by title only and opened the Public Heating. Mr. Rick McCoy stated the church plans on expanding the sanctuary and office space and they want to establish a day care center next year. City Manager Saunders stated that the staff and the Planning & Zoning Commission recommend approval subject to conditions outlined in Resolution #790. Mayor Pool closed the Public Hearing. 93-137 A motion was made by Council Member Norquist, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution #790. Catholic Church, Resolution//791, Conditional Use Permit City Manager Saunders stated the applicant is requesting to construct a 24' x 48' (1,152 sq. ft.) classroom/meeting room addition in the covered walkway area of the Catholic Church located on 12th Street. Mayor Pool stated that a Conditional Use Permit requires a Quasi-Judicial Hearing, · and that anyone wishing to speak in favor of, or in opposition to the permit should be sworn in. Mr. Gary Surin, 16711 Tequesta Trail, Clermont was sworn in by City Clerk Van Zile. Mayor Pool read Resolution #791 by rifle only and opened the Public Heating. City Manager Saunders stated that the addition is identified by hash marks in the site plan. The classroom/meeting room addition will join two additions in the back of the church. The Planning & Zoning Commission and staff recommend approval subject to the conditions as outlined in Resolution #791. Mayor Pool closed the Public Heating. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1993 PAGE 5 93-138 A motion was made by Council Member Ivey_, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution #79I Final Reading of Ordinance 254-M City Manager Saunders stated that this is the final reading of Ordinance 254-M to annex approximately 19 acres on the southwest corner of Highway 50 and Hancock Road owned by Mr. Adams. The property is contiguous with City property on the north side of Highway 50. Mayor Pool stated that an annexation requires a Quasi-Judicial Hearing, and that anyone wishing to speak in favor of, or in opposition to the annexation should be sworn in. Mr. Nick Jones, 1655 Sunset Dr., Clermont was sworn in by City Clerk Van Zile. Mayor Pool read Ordinance #254-M by title only and opened the Public Hearing. Mr. Nick Jones stated that John and Ann Adams asked him to represent them. He has completed a land use study for this property, and has determined that approximately 120,000 sq. feet of multiple retail facilities can be built on the property. There are no definite tenants at present. City Manager Saunders stated the Comprehensive Plan designates land in the area to the north of this parcel as a commercial node and this property will tie in well. Planning & Zoning and staff recommend annexing into the City. Mayor Pool closed the Public Hearing. 93-139 A motion was made by Council Member Cole, seconded by Council Member Ivey, and carried unanimously by roll call vote to adopt Ordinance 254-M. Final Reading of Ordinance 255-M City Manager Saunders explained that this is the final reading of Ordinance 255-M which will rezone the approximate 19 acres owned by Mr. & Mrs. John Adams CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1993 PAGE 6 located on the southwest corner of HighWay 50 and Hancock Road from R-R Rural Residential to C-2 Commercial. He explained that all property when annexed into the City of Clermont initially receives the R-R Rural Residential zoning. Mayor Pool stated that a rezoning requires a Quasi-Judicial Hearing, and that anyone wishing to speak in favor of, or in opposition to the rezoning should be sworn in. Mr. Nick Jones, .1655 Sunset Dr., Clermont was sworn in by City Clerk Van Zile. Mayor Pool read Ordinance 255-M by title only and opened the Public Heating. Mr. Nick Jones stated he previously described the reasons for rezoning the approximate 19 acres in the final reading for Ordinance 254-M. City Manager Saunders stated that Planning & Zoning Commission and staff recommend rezoning this property from R-R to C-2 Commercial. 93-140 A motion was made by Council Member Ivey_, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Ordinance 255-M. Final Reading of Ordinance 256-M City Manager Saunders explained that this is the final reading of Ordinance 256-M which will amend the Zoning Ordinance for Open Air Sales Permits. It will add to our current ordinance making it more specific, limiting vendors to one per mile with a 100' setback from Highway 50. Signage will be limited to 8 square feet on both sides and Open Air Sales permits that are in conjunction with existing businesses will be excluded from the distance and setback requirements. 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 256-M by title only. 93-141 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance 256-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1993' PAGE 7 NEW BUSINESS Rails to Trails Proposal City Manager Saunders stated that Forest Michael of Michael & Michael has worked with the City of Clermont, the City of Minneola, the Department of Transportation, and various Rail to Trail groups for several weeks to prepare a grant application and re-application for ISTEA funds. The Clermont/Minneola grant application has a good chance to be approved since the proposed improvement is the connection between Apopka and Mabel. It will be very important to market the project with a graphic concept plan which will include approximated trail corridor boundary, trail alignment, street re-alignment, and trail improvements. Mr. Michael proposes to provide the trail alignment, graphic design, and meet with various agencies for $8,250 if Minneola also hires his firm. The Department of Transportation process has been confusing since they have not taken grant applications in the past and do not have established criteria. Approximately $8 million has been aPpropriated for our district (10 counties). When we receive notification we are qualified, the proposal can be requested at any time, and the competition is expected to be intense. The Clermont/Minneola grant request is for $1.2 million. Council Member Ivey questioned why only one proposal is presented for consideration. City Manager Saunders stated the City is required to abide by the Consultants Professional Negotiation Act if the contract amount exceeds $25,000. City's own purchasing policy directs that this type of contract be bid, however, because there is not enough time for the normal Request for Bids process, Council may bypass the policy. The Council Member Turville stated that if we can present a better proposal, we will be better served because the improvements will be done whether or not we receive the grant. Council Member Norquist stated that the DOT will look at this project favorably because there are two cities involved and the project is immediate because .it is already planned. Council Member Ivey questioned whether the contract will go into effect if the application is not qUalified by DOT. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 24, 1993 PAGE 8 93-142 After discussion regarding a proposed amendment to restrict the motion conditioned upon our receiving notice of qualification, a motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to approve the Concept Marketing Plans & Services by Michael & Michael for the Minneola/Clermont Rail Trail project in the amount of $8,250. AUDIENCE COMME~S Mr. Nick Jones commented that many good ideas came from the recent Charrette for Downtown Clermont and he asked that Council consider these ideas. Mayor Pool stated he encouraged meeting with the Downtown Merchants and asked City Manager Saunders to set up a meeting after the Budget meetings. City Manager Saunders congratulated Council Members Ivey and Turville for being unopposed in the election. There being no further business or discussion, the meeting adjourned at 8:40' p.m. Attest: Van Zile, ~ Cler~