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.
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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
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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
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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.
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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
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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.
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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:
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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,
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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
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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