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
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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