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10-26-1999 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 26, 1999 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Lamb and Council Member Wolfe. Other City officials present were City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile, Planning Director Brown and Deputy City Clerk Maddox. Council Member Brown was absent. INVOCATION The Invocation was offered by Council Member Wolfe followed by the repeating of the Pledge of Allegiance to the Flag by all present. A motion was made by Council Member Biddle and seconded by Council Member Lamb, and carried unanimously to approve the minutes of the reffular Council Meeting hem October 12, 1999. A motion was made by Council Member Biddle and seconded by Council Member Wolfe, and carried unanimously to approve the minutes of the Council Workshops hem June 29. July 14, July 15 and July 22, 1999. CITY MANAGER SAUNDERS' REPORT Mr. Saunders stated that the planning and Zoning Commission will meet on November 2, 1999, at 7:30 p.m. rather than 7:00 p.m., because of the City Election. CITY ATTORNEY GUTHRIE City Attorney provided a Memorandum to the Council Members and City Staff stating that he was not ready to provide a conclusive answer on the status of the David Falzon property issue. Mr. Guthrie also provided a copy of correspondence directed to City CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 2 Manager Saunders regarding Citizen Blanchard's allegations against a Clermont Police Officer. Mr. Guthrie stated that the matter is currently being investigated through the police internal affairs' procedure and advised that during the course of the investigation, any response by the City Council would be inappropriate under the City Charter and Chapter 112, Florida Statutes. FINANCE DIRECTOR VAN ZILE No Report COUNCIL MEMBER BIDDLE No Report COUNCIL MEMBER LAMB No report. COUNCIL MEMBER WOLFE Council Member Wolfe stated that Mr. Falzon met with him regarding the property issue. Mr. Wolfe stated he felt the the City should commit to whether they own the property in question or not, so that Mr. Falzon can decide what his next step should be. Mr. Wolfe stated he was disappointed that the City Attorney did not have the tire search completed yet and requested that it be done as soon as possible. MAYOR TURVILLE Mayor Turville stated that the City Council appointed him to the Joint West Orange- South Lake Task Force. Mr. Turville stated that the Task Force had appointed him to the Executive Committee which met and at this point were doing general organizational activities and establishing priorities. Mr. Turville stated that Lake County Commissioner Pool and he will be attending a meeting with the Expressway Authority next Monday. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 3 CONSENT AGENDA Mayor Turville named those items listed on the Consent Agenda and stated if there was anyone wishing to discuss any item on the Consent Agenda, then that item would be moved to the end of the New Business section of the Council Agenda. Item No. 1 South Lake Chamber of Commerce "Light Up Clermont" approval ~4 motion was made by Council Member Biddle and seconded by Council Member Lamb, and carried unanimously to approve the Item on the Consent ~4 eenda. UNFINISHED BUSINESS Ordinance No. 295-C Mayor Turvitle read Ordinance 295-C by title only. City Manager Saunders stated that this Ordinance will create a historic preservation system for our City and will create a committee that can designate historic buildings, historic structures and also recommend historic districts. Mr. Saunders stated that the ordinance could assist in providing funding for preservation as well as provide additional points on grant requests. Mr. Saunders stated this is a final public hearing. Mayor Turville welcomed anyone wishing to speak regarding this ordinance. Mr. Turville stated there was some discussion of the ordinance at the Council Workshop held October 25, 1999 and several issues regarding the actual mechanics of the ordinance were raised. Mr. Turville stated that one of the issues discussed was that the ordinance gives quite a bit of power to the committee that will be appointed to oversee the designations. Mr. Turville stated that the Committee will be empowered to designate'sites or individual structures that would then fall under this rule and would have the power to recommend to CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 4 the City Council district considerations. Mr. Turville stated that some of the timing situations that were captured from the State model ordinance are significantly longer than our time frames associated with the City's particular development regulations relating to permitting, variance requests or improvements to homes. Bob Sturbal stated he was concerned regarding whether the time frames reflected in the ordinance were in line with the City's existing time frames requirements regarding alterations to property. Mr. Sturbal stated he felt the time frames in the ordinance were oppressive and excessive. City Manager Saunders explained the City's time frame for permitting and variance requests. Council Member Lamb stated that there was a change in the State law in 1994 regarding property rights. Ms. Lamb stated she is concerned that the ordinance stay in compliance with that State law so that citizens' property rights are protected. Ms. Lamb stated she was also concerned that if the City is not in compliance with that State law, it could be liable in the event of economic damage. Ms. Lamb stated she would like clear answers and feels that those may need to come from Tallahassee. Ms. Lamb stated that she supports a Historic Ordinance, but feels the City should get answers before approving one. Ms. Lamb stated she felt to empower a committee outside of the citizens' elected officials, to make these designations and decisions regarding someone's property, should be carefully investigated. Council Member Lamb stated she would like the input from different groups of citizens, including realtors, developers, homeowners and business owners of the community. City Attorney Guthrie stated that the State law allows that if a historic designation substantially diminishes the value of someone's property, there can be some potential liability to the City. Mr. Guthrie stated the City may want to look into doing an inventory first to see exactly who will be impacted by an ordinance. ~1 motion was made by Council Member Biddle. seconded by Council 7 ~}' ~,~[.t~ 7 Member Lamb, and carried unanimously, to table Ordinance 295-C so that CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 5 a workshop can be scheduled for investigation and discussion and on the premise that the Council will continue to move forward with a Historic Ordinance No. 384-M Mayor Turville read Ordinance 384-M by title only. City Manager Saunders stated that this is a request to vacate approximately 2 ~A" of a utility easement, where a home was misplaced on the property in order to clear up the title work. A motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously by roll call vote, to approved Ordinance No. 384-M. Ordinance No. 385-M Mayor Turville read Ordinance 385-M by title only. City Manager Saunders stated this is the closing of approximately 200 feet of an unnamed street bounded on the north by Tract 11 of Lake Highlands Company, extending northerly from North Ridge Boulevard. Mr. Saunders stated that the City Council previously approved a project north of this with other entrances and exits and this piece of platted roadway is now obsolete. Mr. Saunders stated that Staff recommends approval. /1 motion was made by Council Member Lamb. seconded by Council Member Wolfe, and carried unanimously by roll call vote. to approved Ordinance No. 385-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 2ti, 1999 Page ti Ordinance No. 383-M Mayor Turville read Ordinance No. 383-M by title only. City Manager Saunders stated that this was a rezoning of 3.52 acres located south of Highway 50 west of Citrus Tower Boulevard, from R-3 to C-2. Planning Director Barry Brown stated that the property is located on the south side of S.R. 50, south of the Kash 'n Karry and the proposed theater. Mr. Brown stated that the applicant is requesting the rezoning in order to bring the zoning in line with the existing commercial land use classification of the property. Mr. Brown stated that in January of this year, the City granted a small scale comprehensive plan amendment to change the land use of this property from Residential/Professional to Commercial land use in order to allow the construction of a restaurant and bank or other limited uses as specified in a Developer's Agreement. Mr. Brown stated that the 3.52 acres is part of a 9+ acre parcel which is currently going through the Commercial subdivision review process with the Site Review Committee. Mr. Brown stated that the Developer's Agreement requires that the commercial portion of the property must integrate, in terms of traffic circulation, with the remainder of the property. Mr. Brown stated the the request is in accordance with the future land use of the property and with criteria listed in the UD-2 district language and given the existing land use and the direction provided by the Developer's Agreement, staff recommends approval. Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following citizens: Bob Reese, 222 W. Comstock, Winter Park, Florida Nancy Fullerton, 368 Montrose Street, Clermont, Florida CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 7 Bob Reese stated that this was approved by the Planning and Zoning Commission and the purpose of the request is only to bring the zoning in line with the existing Commercial land use classification of the property. Mr. Reese stated that they have no plans for specific use for the property at this time, however they did enter a Developer's Agreement limiting the use of the property and limiting the access points and to reserve right-of-way for Oakley Seaver Drive, limit the signage on the property to eliminate visual clutter, and are only interested in using the land for free standing facilities such as sit down restaurants and banks. Mr. Reese said they have agreed to height limitations and square footage and a copy of the Developer's Agreement is available for review at the Planning Department. Mr. Reese stated that all building was subject to conditional use permits, so they would come back before the City Council for approval. Nancy Fullerton asked what the overall size of the property was and Mr. Reese stated that the parcel was 9 acres. Mayor Turville closed the public hearing. Council Member Wolfe confirmed with Planning Director Brown that the previous action of the Council changed the land use from Residential Professional to Commercial, pursuant to the Developer's Agreement. Council Member Lamb stated that Mr. Reese had been very patient and had worked with the City since last January to make this the best possible project and she appreciated his efforts and the concessions he made to make this work. A motion was made by Council Member Lamb. seconded by Council Member Biddle~ and carried unanimously by roll call vote. to a.~aroved Ordinance No. 383-M. VISITORS WITH BUSINESS First Federal Savings Bank CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 8 Planning Director Brown stated that the applicant is requesting a variance to use interchangeable copy on an existing sign. Mr. Brown stated that in Section 102-23(5), our Code states that "Changeable copy signs shall be prohibited for office, industrial, and residential uses except for changes in tenant listing." Mr. Brown stated that the applicant suggested that the changeable copy signage is effective in providing customer and community information. Planning Director Brown stated that while this may be tree the applicant's contention does not constitute a hardship and staff recommends denial of this request. Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following citizens: Brian Hofer, 481 East Highway 50, Clermont, Florida Gene Crumb, Mid-Florida Signs, L¢¢sburg, Florida Nancy Fullerton, Montrose Street, Clermont, Florida Mr. Hofer stated that the sign would not only be used to talk about their business and products but also to announce community events. Mr. Hofer stated that while driving through Clermont, you will see approximately 18 changeable signs. Mr. Crumb stated that Clermont changed their sign ordinance approximately 2 years ago and this present sign is not in violation since it was already there, however, it does not meet our new sign ordinance. Mr. Crumb stated that First Federal Savings Bank of Lake County is now First Federal Savings Bank with locations in other counties. Mr. Crumb stated that they would like to make a change of the total sign, bring it into the new sign ordinance requirements, but would like to have a variance and make it a changeable copy sign. Mr. Crumb stated that if they cannot get this variance, the bank's sign in Clermont would not match all of the rest of their signs in other locations. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 9 Ms. Fullerton stated that the City has a sign ordinance and she believes it should be followed. Ms. Fullerton stated you have to start somewhere and we need to stick by the rules. Mayor Turville closed the public hearing. Council Member Biddle and Council Member Wolfe inquired as to why some businesses have the changeable copy signs and some do not. Planning Director Brown stated that those signs were approved prior to our sign ordinance adopted in November of 1994. Mayor Turville stated that since the sign ordinance was adopted in 1994, there was only one variance granted and that was because the project was a work in progress at the time the ordinance was adopted and would have been a hardship as the applicant's 'sign had already been ordered when the ordinance changed. Mayor Turville stated that the sign ordinance was tightened up in 1994 because everyone wanted that and if we are going to have fewer and smaller signs, we need to stand by the ordinance as it is written. Mr. Turville stated that some of the changeable copy signs referred to as being in use now are retail businesses and the ordinance specifically states that changeable copy signs shall be prohibited from office, industrial and residential uses, except for changes in tenant listing and the bank falls into this category. Council Member Wolfe stated he felt that not allowing this variance will put the bank at a disadvantage and while it agrees that it is not a hardship, he feels the Council needs to look at this. Council Member Lamb stated that if an exception was made for First Federal it would have to be made for every bank out there and we might as well not have our sign ordinance. Council Member Biddle stated that he did not feel the City should open a floodgate and allow this variance and did not feel there was a hardship. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 10 A motion was made by Council Member Biddle, seconded bv Council Member Lamb, and carried by roll call vote, to deny the sign variance request by First Federal Bank. Council Member Wolfe against. Resolution No. 1099 Mohammad A. Mollah Planning Director Brown stated that the subject property is located on the southeast comer of State Road 50 and l0th Street, immediately adjacent to and west of City Hall. Mr. Brown stated that the applicant is requesting the ability to expand the convenience store usage and would close down the two garage bays and convert that into convenient store space. Mayor Turville stated that this issue requires a Quasi-Judicial Hearing be held and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following citizens: Mohammad M. Humayun, 1584 Bear Lake, Clermont, Florida Shahid Zamen, 438 Elm Street, Clermont, Florida Garrett Paquette, 611 Grand Highway, Clermont, Florida Mr. Hamayun stated that they wish to expand the convenient store rather than have an auto repair garage. Mr. Paquette suggested that if the space was used as an auto repair garage area, there are oil bath lifts which should be inspected before they are covered up. Mayor Turville stated that Resolution No. 1099 would amend an existing Conditional Use Permit to increase the square footage dedicated to convenience store usage in an existing gas station/convenience store. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 11 Mayor Turville closed the public hearing. Planning Director Brown stated that applicant presently has 300 square feet of convenience store space and this will extend it another 1100 for a total of 1400 feet of convenience store space. Mr. Brown said there was enough parking on site and applicants have improved the the property already and have gone beyond requirements in landscaping. Mr. Brown stated that this request is in compliance with the Future Land Use Map and staff recommends approval. A motion was made by Council Member Biddle, seconded by Council Member Lamb, and carried unanimously: to approve Resolution No. 1099. NEW BUSINESS Appointment Mayor Turville stated that there is an unexpired term open on the Planning and Zoning Commission and after advertising in the newspaper, three citizens had submitted their interest in being appointed. Council Member Wolfe stated that Mr. Tegen has attended almost all City Council meetings and the City has no appointments on Planning and Zoning from a resident of the Kings Ridge area and he supported Mr. Tegen's appointment to the Board. A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously, to appoint Richard J. Tegan to the Planning and Zoning Commission to fill the unexpired term position. Mayor Turville stated that there is a large group that served on the Planning and Zoning Commission and there is some turnover associated with that. Mayor Turville stated that there would be other appointments in the near future and those who submitted their interest this time would be considered. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 12 City Manager Saunders stated that there would be other positions opening in January, and that he would contact all those presently serving and see if they are willing and able to continue serving or wish to be replaced on the Commission. City Manager Saunders stated that if a Board Member misses three or more meetings, then the Planning and Zoning Commission can recommend to the City Council that that person be replaced on the Commission. CITIZENS' COMMENTS Nancy Fullerton asked if there was any information on the water fowl on Crystal Lake and City Manager Saunders stated that Sterling Frey who is the City's caretaker of water fowl stated that there are three sets of swans on Crystal Lake that belong to the City. Ms. Fullerton asked if the City Council could come up with a plan or ordinance that would address the placement of domestic water fowl on the lakes. Mayor Turville stated that the plan was to relocate the City's swans back to Center Lake as soon as the new vegetation is established and doing well. Mr. Turville stated that the City does not have a way to control or have a plan to deal with "flying in and flying out" birds. Ms. Fullerton asked if there had been any discussion in raising stormwater fees. City Manager Saunders stated that there has been very little discussion about raising the fees. Mr. Saunders stated we currently have a $3.00 per month fee for areas that do not have stormwater in their subdivision and a $1.00 per month fee if stormwater retention areas have been provided. Mr. Saunders stated there are projects in this year's budget that have been approved and he will be happy to provide a list of the ones approved for this year. Ms. Fullerton stated she had received a telephone call and the citizen requested that the City communicate with the citizens of Clermont on how the City determines the safety of CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 1999 Page 13 our lakes. City Manager Saunders stated that there will be information regarding this in the newsletter. There being no further business the meeting was adjourned at 8:45 p.m. ~ ~. ;rt~rville, Jr. Mayor Attest: ~4'oseph E. Van/Zile, City Clerk