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12-08-1992 Regular Meeting~ ~ CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1992 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, December 8, 1992 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Turville, Council Member Ivey, Council Member Cole, 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 November 24, 1992 were approved as presented. CITY MANAGER SAUNDERS' REPORT City Committee/Commission Appointments City Manager Saunders explained that normally during the first meeting in January the Council makes appointments/reappointments to the Planning & Zoning Commission, Beautification Committee, Parks & Recreation Board, and Beautification Committee. An advertisement is placed in the local newspaper to alert citizens, and anyone interested in being appointed should submit their name to City Hall or any of the Council Members. Service Agreement with United Telephone City Manager Saunders explained that a service agreement with United Telephone needs to be renewed for public telephones at Jenkins and the Municipal lot on Montrose Street. The City receives a percentage of the revenues and the new agreement maintains the same terms as the previous agreement. 92-209 A motion was made by Council Member Turville seconded by Council Member Cole and carried unanimousl to a rove the United Tele hone renewal agreement for public telephones. Cancellation of December 22, 1992 Council Meeting City Manager Saunders stated that the second meeting in December traditionally is canceled. Currently there is nothing scheduled for the December 22 agenda. • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 2 92-210 A motion was made by Council Member Norcluist. seconded by Council Member Cole. and carried unanimously to cancel the December 22 1992 regular Council Meeting. COUNCIL MEMBER TURVILLE'S REPORT DOT Highway Beautification Grant Second Planting -December 12, 1992 Council Member Turville stated that volunteers for the second planting of the DOT Highway Beautification Grant at the Highway 27/50 intersection will meet before 8:00 a.m. behind the Crown Restaurant this Saturday, December 12. More volunteers are needed. Coffee and donuts will be furnished. City Manager Saunders will arrange for an auger and a tiller. MAYOR POOL'S REPORT "Light Up Clermont" (December 4, 5) Mayor Pool thanked all those who participated in the "Light Up Clermont" festivities December 4 and 5. The boat parade, band, and street parade were exceptional. VISITORS WITH BUSINESS Lavonia Ausburn, Lee Ann Seafoods, Request for Open Air Sales Permit Mayor Pool stated Lavonia Ausburn is requesting a open air sales permit for the sale of seafood at 511 W. Highway 50 (Brockie's Carpet parking lot). Mrs. Ausburn received a 30-day open air permit from City Manager Saunders for November 6 to December 6. City Manager Saunders stated the City has had no problems with the business, and no complaints have been received. Lavonia Ausburn presented a letter from Brockie's Carpet confirming their approval for using the parking area. She stated she sold seafood (shrimp, lobster, and fish) on Fridays, Saturdays, and Sundays only. She had all the necessary licenses from the various agencies, and the items are sold just as she purchases them, with no preparation on site. She hopes to establish a permanent inside location if the business proves viable. City Manager Saunders stated his only concern is how the business affects the other seafood sales merchants regarding competition. There are no problems with ingress or egress at the site. He recommended that if the open air sales permit is granted that the Council set a definite time period such as 3 or 6 months. • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 3 Council Member Turville was concerned that the open air sales permit circumvents the Zoning Ordinance and the City's normal regulation of the site. Attorney Baird stated the Ordinance allows for open air sales. 9 2 - 211 After discussion, a motion was made by Council Member Norquist seconded by Council Member Cole and carried three to two with Council Member Turville and Council Member Iv , voting nav to approve the open air sales permit for six months. Clermont Pelican Oil Co., Resolution #774 City Manager Saunders stated that a Conditional Use Permit is requested to allow the expansion of a convenience store operation into the existing building located to the south of the main building. Previously a Conditional Use Permit was granted for an ice cream store, however it was never executed and became invalid. The Planning & Zoning Commission and the staff have recommended approval of the Conditional Use Permit request. The Conditional Use Permit requires certain improvements to the building, which have been agreed to. Mayor Pool read Resolution #774 by title only and stated that anyone wanting to speak in favor of, or opposition to Resolution #774 needed to be sworn in at this time. Ken Hanoman, 14217 S. Greater Hills, Clermont was sworn in by City Clerk Van Zile. Mayor Pool opened the public hearing. Mr. Ken Hanoman stated he planned to remodel the building to the south of his present business by giving it a face lift, etc. and run a convenience store. Mayor Pool closed the public hearing. 92-212 A motion was made by Council Member Norquist seconded by Council Member Ivev and carried unanimously by roll call vote to adopt Resolution #774. Keith Hogan, Variance Request Mayor Pool explained that Mr. Keith Hogan is requesting a minimum lot width requirement of 75' to 69' for Lot 9 and the west 19' of Lot 7 which is located on the south side of Minneola Avenue between Lake Avenue and 7th Street. Mayor Pool stated that anyone wanting to speak in favor of, or opposition to this variance request needed to be sworn in at this time. Keith Hogan, 18308 Triple E Road, Clermont and Cecil H. Crissy, 311 Center Street, Oakland were sworn in by City Clerk Van Zile. Mayor Pool opened the public hearing. Mr. Keith Hogan stated that the 69' x 150' lot is zoned R-2 and he proposes to construct asingle-family home. He has asked the library if they wanted to purchase • • CITYOF CLERMONT MINYJTES REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 4 the lot, but they decided against buying it. Mr. Hogan stated the single-family home he proposes to build will meet all set-back requirements. City Manager Saunders stated that a large parcel, including this lot, was under single ownership in 1969, prior to the Zoning Ordinance adoption. Portions of the property have been sold over the years with the City of Clermont owning the major portion, which is the location of Cooper Memorial Library. Mr. Cecil H. Crissy stated he owns Lots 5 and 7 and he received notice of Mr. Hogan's variance request. After being shown where his lots were in relation to Mr. Hogan's lot, he stated that the variance request of Mr. Hogan did not concern him. Mayor Pool closed the Public Hearing. 92-213 A motion was made by Council Member Turville seconded by Council Member Ivev, and carried unanimousl~bv roll call vote to decrease the minimum lot width to 69' on Lot 9 and the west 19' of Lot 7 Block 77 to allow the construction of a single famil home. Putt-A-Round, Resolution #777 Mayor Pool stated that the applicant is requesting a Conditional Use Permit to allow the construction of four batting cages adjacent to the existing miniature golf course at 857 Minnehaha Avenue. He read Resolution #777 by title only and stated that anyone wanting to speak in favor of, or opposition to Resolution #777 should be sworn in now. City Clerk Van Zile swore in Nicholas Dean Graviano, 1152 Chestnut Street, Clermont, and Richard Genaitis, 12118 Cyprus Lane, Clermont and Mayor Pool opened the Public Hearing. City Manager Saunders stated the 4 proposed batting cages would be located on the east side of the Putt-A-Round Golf Course in a 60' x 60' structure surrounded by netting, with a height ranging from 19' to 8' . The property is zoned C-2 commercial, however, batting cages are not classified as either a permitted use or a conditional use. The Planning & Zoning Commission has recommended approval of the request subject to conditions of the Conditional Use Permit. The staff has a concern with the possible noise from the pitching machines or balls being hit because there is multi-family housing adjacent to this site. The Planning & Zoning Commission recommends the weekday hours be limited to 10:00 p.m., and weekend hours to 11:00 p.m. Richard Genaitis described the proposed facility and stated that safety and noise concerns have been addressed. Mr. Nicholas D. Graviano stated there were 22 Little Leagues in the area and there is a need for this type of facility. He furnished sample balls to the Council Members and stated the batting machines were very quiet, and the business would be run in a professional manner. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING MBER 8, 1992 PAGE 5 City Manager Saunders read letters of support that had been received from John Jones, 839 Chestnut Street, and Gloria Montiverdi, 789 Pine Lane. He recommended adding to Section 1, #3, "If, at a future date, the noise proves to be excessive, the applicant understands and agrees that the City may require additional noise control or rescind this Conditional Use Permit." 92-214 A motion was made by Council Member Ivey seconded by Council Member Turville. and carried unanimously to add the above-language to Section 1. #3 of the Conditional Use Permit. Mayor Pool. closed the Public Hearing. 92-215 After discussion regarding hours of operation, a motion was made by Council Member Turville seconded by Council Member Norquist and carried unanimously to amend the Conditional Use Permit to authori e the Citv Manager to change the hours of operation upon petition without amending the Conditional Use Permit. 92-216 A motion was made by Council Member Norquist seconded by Council Member Cole. and carried unanimously by roll call vote to adopt Resolution #777 as amended above. South Lake Hospital Mayor Pool stated that South Lake Memorial Hospital is requesting a variance to allow the re-erection of anon-conforming sign at the corner of Highway 50 and 7th Street. The existing sign has been at this location for many years, however, the sign ordinance requires that a sign be placed in conformance with the proper setbacks if the value of the re-construction is more than 50 % of the value of the sign. Mayor Pool stated a quasi judicial hearing requires those who wish to speak in favor of, or opposition to the variance request to be sworn in. Pat Smith, 1760 12th Street, and Gene Dellinger, 3948 Mt. Pleasant Road, Groveland were sworn in by City Clerk Van Zile. Mr. Pat Smith explained the proposed sign will be the same size and placed in the same location as the old sign. Mr. Dellinger explained the sign will use the existing steel posts. 92-217 A motion was made Council Member Turville seconded b Council Member Ivey. and carried unanimously to approve the variance request to allow the replacement of anon-conforming sign. • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1992 PAGE 6 NEW BUSINESS Introduction of Ordinance 248-M Mayor Pool read Ordinance 248-M by title only. The Ordinance would annex approximately 40 acres which is located north of Highway 50 and Jacks Lake Road. The property is owned by South Lake Memorial Hospital and is the proposed site of a future hospital. 92-218 After discussion concerning the proposed re-zoning, a motion was made by Council Member Ivev and seconded by Council Member Norquist to introduce Ordinance 248-M. Introduction of Ordinance 249-M Mayor Pool read Ordinance 249-M by title only. The Ordinance would rezone the property annexed by Ordinance 248-M from R-R Rural Residential to R-3 Residential Professional. 92-219 A motion was made by Council Member Ivev and seconded by Council Member Norquist to introduce Ordinance 249-M. There being no further business or discussion, the meeting adjourned at 9:08 p.m. Robert A. ool, Mayor Attest: