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01-09-1990 Regular Meeting• • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 9, 1990 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, January 9, 1990 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Dupee and Council Member Cole. Council Member Norquist was absent due to a prior commitment. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Workshop Meeting held December 6, 1989, the Special Meeting held December 6, 1989 and the Regular Meeting held December 12, 1989 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT The Council was reminded to bring their Code Books to City Hall for updating with the recent revisions. COUNCIL MEMBER DUPEE'S REPORT LAKE COUNTY LEAGUE OF CITIES Council Member Dupee, a member of the Intergovernmental Relations Committee, gave a brief report on the December 16, 1989 Meeting at which Amendment 3 to limit state mandates on cities without funding was discussed. The next meeting of the Ce~nmittee will be January 19, 1990 to finalize its policy statement concerning this matter. 1990 CENSUS COMMITTEE As a memeber of the Lake County Census Committee, Mrs. Dupee stated that they would be meeting on Thursday, January 11, 1990. MAYOR POOL'S REPORT Mayor Pool complimented the South Lake Council for the Arts for their recent opera performance. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 9, 1990 PAGE -2- VISITORS WITH BUSINESS DR. ARTHUR MARCECA - VARIANCE REQUEST TO ALLOW TEMPORARY GRASS PARKING City~Manager Saunders explained that Dr. Marceca was granted a Conditional Use Permit to establish an office at 180 East Highland Avenue, and that his site plan had been approved by the city' s site review committee. It was further explained that he had not received his stormwater permit from the St. Johns River Water Management District and was requesting a variance for temporary grass parking while going through the permitting process with St. Johns, which normally would take forty-five days. Dr. Marceca explained that the permit was applied for in December and should be issued by the end of January, but due to the holidays might take longer. It was further explained that he would like to move into the new building as soon as possible because it was a financial burden to maintain two offices. City Manager Saunders then stated that Staff was recommending a variance for temporary grass parking for sixty days, and that he would also recommend that if at the end of sixty days, the permit has been issued and the required improvements are under construction; Staff be allowed to extend the temporary grass parking permit for an additional thirty days. Mayor Pool then called for comments from those present and no one spoke in favor of or in opposition to the request. 90-001 A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE REQUEST FOR TEMPORARY GRASS PARKING FOR SIXTY DAYS WITH AN EXTENSION OF AN ADDITIONAL THIRTY DAYS, IF NEEDED. RESOLUTION #650 - R.D.W., INC., REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 3,000 SQUARE FOOT OFFICE Bob Thompson appeared before Council to request a Conditional Use Permit to construct a 3,150 square foot office building to be located at 1200 Bowman Street, just south of his existing office building at the intersection of Bowman Street and Highway 50. In reviewing the site plan that was presented, Mr. Thompson explained that the new building would contain 3,150 square feet of space, not 3,000 square feet as indicated. He then asked if there was any problem with this change. It was stated that there was no problem with this. He further explained that the new and existing office buildings would be connected with an internal parking lot driveway and that the water retention area would most likely not be located to the rear of the building as indicated on the site • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 9, 1990 PAGE -3- plan, but the existing water retention would be expanded to meet the requirements of both buildings. Rick McCoy, engineer for the project, stated that he was working on the engineering for the water retention at the present time. In conclusion, Mr. Thompson stated that he would like to relocate the existing sign on Bowman Street to the south of the driveway entrance and enlarge it and asked if he would be allowed to do this. City Manager Saunders stated that it would be permissable following the rules of the sign ordinance. After some discussion of the sign, City Manager Saunders stated that condition #6 of the Conditional Use Permit should be clarified by the addition of "the existing sign may be relocated and resized to a permitted location and size". It was also mentioned that the Planning and Zoning Commission had recommended approval of the project subject to the conditions as listed in the resolution. Mayor Pool called for comments from those present and there were none. 90-002 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #650 AS AMENDED TO INCLUDED THE ADDITION OF THE WORDS "THE EXISTING SIGN MAY BE RELOCATED AND RESIZED TO A PERMITTED LOCATION AND SIZE" TO CONDITION #6 OF THE RESOLUTION. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. RESOLUTION #651 - MARK SUTHERLAND, REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRIICT SEVEN TOWNHOMES Mark Sutherland and Jerry Townsend appeared before Council to request a Conditional Use Permit to construct seven townhomes located at the southwest corner of Chestnut and Eighth Streets. Mr. Sutherland, who had a site plan in his hand, stated that he wished to eliminate the Chestnut Street driveway and have the entrance come in from the Eighth Street right-of-way. He also stated that he wished to move the townhomes closer to Chestnut Street to move them farther away from the flood plain. City Manager Saunders stated that knew nothing of these changes, and much discussion ensued concerning the safety aspects if the driveway on Chestnut was eliminated. It was suggested that the request be tabled for two weeks so the new site plans could be reviewed. Mr. Saunders then stated that a variance for an eight foot fence where six foot is allowed from the building setback line to the rear lot line was also being requested and that this matter could be addressed at this time, even if the Council decides to table the n LJ CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 9 , 19 9 0 PAGE -4- Conditional Use Permit request. LJ Council Member Cole stated that requests of this type had been denied in the past, and an eight foot concrete fence seemed inappropriate. Cecil Smart, who was present in the audience stated that he remembered that a ten foot fence was approved for the Methodist Church. City Manager Saunders stated that it was for an 8' chain link fence, not 10' , and was being allowed to separate a playground from a residential area. The fence was never installed, nor the playground developed. Don Smith, who was also present in the audience, stated that an eight foot fence would set a bad precedent, block air circulation and hinder future developanent of the property to the west. 90-003 After a brief discussion of the proposed wall, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DENY THE VARIANCE REQUEST. 90-004 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THE ADOPTION OF RESOLUTION #651 FOR TWO WEEKS. RESOLUTION #652 - DENNIS HORTON, TRUSTEE, REQIIEST FOR A CONDITIONAL USE PERMIT TO FILL AN APPROXIMATELY 19 ACRE SITE City Manager Saunders stated that a letter had been received from Bob Wade requesting that this item be tabled until the next Council Meeting. Mr. Wade has also requested a Council Workshop to discuss the request. 90-005 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THIS REQUEST UNTIL THE JANUARY 23, 1990 COUNCIL MEETING. It was decided to hold the Workshop at 7:00 p.m. on Tuesday, January 16, 1990 in the City Hall Conference Room. UNFINISHED BUSINESS HELEN WILRINS AND BRENDA NORQUIST - FINAL READING OF ORDINANCE 211-M, REQUEST FOR REZONING OF PROPERTY FROM R-3 TO C-1 Mayor Pool explained that this ordinance was introduced during the December meeting and would rezone from R-3 to C-1 property located north of Minneola Avenue and west of West Avenue. • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 9, 1990 PAGE -5- Mayor Pool called for comments from those present and Susan Wood questioned the zoning at the old ammonia plant, and City Manager Saunders stated that it was not affected by this ordinance. 90-006 There being no further questions or comments, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 211-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. NEW BIISINESS INTRODUCTION OF ORDINANCE 212-M - REZONING FROM M-1 TO C-1 PROPERTY LOCATED NORTH OF THE OSCEOLA STREET ROW, WEST OF WEST AVENUE City Manager Saunders explained that Ordinance 212-M would rezone from Manufacturing to C-1 Commercial property. located north of the Osceola Street right-of-way and west of west Avenue, the former Dole Citrus site. This was placed on the agenda at the request of the City Council. It was further explained that the Comprehensive Plan states that the City should not encourage additional manufacturing in the area, and that this has been considered a transition area for many years and the lakefront along this area, east toward Eighth Street, would be more suited for a commercial or multi-family residential district than manufacturing. It was also pointed out that because of the Outstanding Florida Waters designation any new manufacturing facilities would have difficulty in meeting restrictions associated with the site. City Manager Saunders then stated that the Planning and Zoning Commission at their meeting held last Tuesday tabled this matter at the request of Dole Citrus who had submitted a letter stating they would like additional time to prepare a response to the proposed rezoning. Mr. Saunders then recommended that the Council introduce the ordinance for rezoning, with the public hearing for final adoption of the ordinance in thirty days at the February 13, 1990 meeting, which would give Dole ample time to prepare a response. 90-007 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODIICE ORDINANCE 212-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODUCTION OF ORDINANCE 263-C - AMENDING THE ZONING ORDINANCE TO ALLOW DAY CARE CENTERS IN R-3-A RESIDENTIAL/PROFESSIONAL DISTRICT It was explained that Ordinance 263-C would amend the zoning ordinance to allow day care centers in the R-3-A Residential/Professional District. The R-3-A District was established approximately two years ago as a transition zone between the R-2 and R-3 areas. The R-3-A District has the same CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 9, 1990 PAGE -6- 90-008 90-009 90-010 residential density as the R-2 District at eight units per acre, but also will allow professional offices as a conditional use. A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 263-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. INTRODUCTION OF ORDINANCES 213-M THROUGH 217-M, ANNEXING REAL PROPERTY City Manager Saunders explained that the ordinances were for introduction for the annexing of certain parcels into the city limits, which includes the Fosgate property and the other properties needed to make it contiguous with the existing city limits. It was further explained that the City was still working with some of the property owners in the area who have not filed their request for annexation as of this date. It was also explained that there would be no discussion of the ordinances, but that the public hearings would be held within thirty days or later, depending upon the individual properties. On the Zoning located each introduced or 213-M Map displayed on the wall, City Manager Saunders parcel as the following ordinances were either tabled: A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 213-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. 214-M A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE THIS ORDINANCE. 215-M 90-011 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER DIIPEE TO INTRODUCE ORDINANCE 215-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. 216-M 90-012 A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE AND SECONDED BY COUNCIL MEMBER TURVILLE TO INTRODUCE ORDINANCE 216-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 9, 1990 PAGE -7- 217-M 90-013 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL MEMBER DUPEE TO TABLE ORDINANCE 217-M. It was explained that this ordinance was tabled because the petitioners had not returned the signed annexation documents. City Manager Saunders then explained that the petitions for annexation had been received after the Council packets went out, and that the following ordinances should also be introduced at this time 218-M 90-014 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER TURVILLE TO INTRODUCE ORDINANCE 218-M. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. 219-M 90-015 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER DUPEE TO INTRODUCE ORDINANCE 219-M. MARTIN LUTHER RING DAY City Manager Saunders stated that during the Budget Workshops of last year, it was the consensus of Council that an additional holiday be granted to city employees, which would be Martin Luther King Day, and that this year the holiday would be observed on Monday, January 15, 1990. Mr. Saunders continued by stating that he felt that this would be the appropriate time to recognize this as an official City of Clermont employee holiday and requested Council approval. 90-016 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DESIGNATE MARTIN LUTHER KING, JR. DAY AS AN OFFICIAL EMPLOYEE HOLIDAY FOR CITY OF CLERMONT EMPLOYEES. APPOINTMENTS It was explained that this was the organizational part of the first Council Meeting in January and the following appointments were to be made to the various Boards and Commission of the City of Clermont: • CITYOF CLERMONT MINUTES r: REGULAR COUNCIL MEETING JANUARY 9, 1990 PAGE -8- MAYOR PRO TEM 90-017 A MOTION WAS MADE ~BY COUNCIL MEMBER DIIPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO RENOMINATE HAL TURVILLE AS MAYOR PRO TEM. PLANNING AND ZONING COMMISSION It was explained that there were four two year term openings on the Planning and Zoning Commission. Jack Sargent and Don Smith whose terms expire have requested to be reappointed, and in addition, the following have indicated their desire to be appointed: Reverend Ed Ivey, Joseph Janusiak, Dennis Jones, Peter Beretonaschi and Roy Gross. 90-018 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO REAPPOINT JACK SARGENT TO A TWO YEAR TERM ON THE PLANNING AND ZONING COMMISSION. Council Member Turville thanked Mr. Sargent, who was present in the audience, for his years of service on the Commission and complimented him for the fine job he has done as Chairman. Council Member Dupee nominated Reverend Ed Ivey to fill the vacant seat created by the resignation of Curt DiCamillo, with Council Member Turville motioning that noaninations cease. The noaninations 90-019 were closed, and A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPOINT REVEREND ED IVEY TO A TWO YEAR TERM ON THE PLANNING AND ZONING COMMISSION. 90-020 The next seat discussed was that of Don Smith. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO REAPPOINT DON SMITH TO A TWO YEAR TERM ON THE PLANNING AND ZONING COMMISSION. The last seat discussed was that of Cecil Smart who resigned from the Commission. Council Member Cole nominated Dennis Jones and Council Member Turville nominated Peter Beretonaschi and there were 90-021 no more ncaninations. A MOTION WAS MADE BY COUNCIL MEMBER COLE TO APPOINT DENNIS JONES TO THE POSITION, BUT FAILED FOR LACK OF A SECOND. 90-022 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY A THREE TO ONE VOTE TO APPOINT PETER BERETONASCHI TO A TWO YEAR TERM ON THE PLANNING AND ZONING COMMISSION. CODE ENFORCEMENT BOARD It was explained that Emma Higgins' and Ed Whitehead's terms on the Board had expired and both wished to be reappointed. Also, • CITYOF CLERMONT 1VIINUTES • REGULAR COUNCIL MEETING JANUARY 9, 1990 PAGE -9- since Reverend Ivey has been appointed to the Planning and Zoning Commission, his unexpired term with two years remaining would also have to be filled. 90-023 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO REAPPOINT ED WHITEHEAD AND EMMA HIGGINS TO THREE YEAR TERMS ON THE CODE ENFORCEMENT BOARD. Council Member Dupee asked Mr. Janusiak, who originally wished to be appointed to the Planning and Zoning Commission, if he would be willing to serve on the Code Enforcement Board. Mr. Janusiak stated that he would. 90-024 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPOINT MR. JANUSIAR TO FILL THE TWO YEAR UNEXPIRED TERM ON THE CODE ENFORCEMENT BOARD. PARRS AND RECREATION BOARD . It was explained that appointments to the Parks and Recreation Board were annual appointments made by the Mayor, and the current list of members were requesting reappointment and Mr. Ron Beighley was requesting to be appointed to the Board. Mayor Pool then reappointed Nilsa Whitehead, Karen Turville, Jack Gaines, Robert A. Pool, Jr., Christina Lindgren, Wendell McDannel, Robert Bryan, R. Scott Wood, Tracy Wood, John D. Burkhardt, and Carol Burkhardt to the Board; and appointed Ron Beighley as~a new member to the Board. Council Member Turville suggested that the Council Members filling the positions listed below be reappointed. It was the consensus of Council to serve in the following capacities: COOPER MEMORIAL LIBRARY LIAISON Mayor Pool CHAMBER OF COMMERCE LIAISON Lester Cole with Ken Norquist as the alternate LAKE WATER AIITHORITY Hal Turville ECFRPC Ann Dupee • ~ • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 9, 1990 PAGE -10- ECFRPC PROJECT REVIEW COMMITTEE Don Smith LAKE COUNTY COMMUNITY ACTION AGENCY Lester Cole LARE COUNTY BOARD OF COMMISSIONERS LIAISON Ken Norquist LAKE COUNTY LEAGUE OF CITIES BOARD OF DIRECTORS Ann Dupee with Wayne Saunders serving as the alternate PUBLIC COMMENTS Cecil Smart thanked the Council for giving him an opportunity to serve on the Planning and Zoning Commission. There being no further business or discussion, the meeting adjourned at 9:15 p.m. obert A. ool, Mayor Attest: V . Van le, City Clerk