01-10-1989 Regular Meeting
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REGULAR COUNCIL MEETING
January 10, 1989
The Regular Meeting of the City Council of the City of Clermont was
held Tuesday, January 10, 1989, 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 Tern Turville,
Council Member Norquist, Council Member Dupee and Council Member
Cole. Other City Officials present were City Manager Saunders,
City Attorney Baird, Finance Director Van Zile, City Planner
McAllister and Deputy City Clerk Brandt.
INVOCATION
The Invoca tion was of fered by Nil sa Whi tehead followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the meeting held December 13, 1988 were approved as
presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
LEAGUE OF CITIES ANNUAL BANQUET
City Manager Saunders reminded the Council of the League of Cities
Annual Banquet Meeting to be held wednesday, January 12, 1989 at
Mi s sion Inn.
LEAGUE OF CITIES REGIONAL DIRECTORS' MEETING
It was reported that the South Lake County Regional Group of the
Lake County League of Cities had met to set their platform of
requests to be presented to the Board at a future date. It was
further stated that two Mayors, two City Managers and a City Clerk
were present at the meeting.
LAKE APOPKA NATURAL GAS DISTRICT
It was reported that the City had received a dividend check from
the Lake Apopka Natural Gas District in the amount of $50,000.
COMPREHENSIVE PLAN AMENDMENTS
City Manager Saunders stated that amendments to the City's
Comprehensive Plan can be made twice a year, and that January 15,
1989 was the deadline for requests with the introduction occurring
during the first Council Meeting in February.
COUNCIL MEMBER DUPEE'S REPORT
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SOUTH LAKE COUNTY COUNCIL FOR THE ARTS
Council Member Dupee thanked the
performance given by the Colgate
from Lake Highlands Nursing
performance.
Council for the Arts for the fine
13 Glee Club. Fifty-one patients
Home attended the afternoon
LEAGUE OF CITIES BOARD OF DIRECTORS MEETING
It was reported that on January 25, 1989 at 4:00 p.m. in the Eustis
Community Building a meeting would be held with four County
Commissioners to discuss the League's platform for the direction
it would like to see Lake County assume with regard to a developing
area.
DEPARTMENT OF TRANSPORTATION FIVE YEAR PLAN
Mrs. Dupee stated that she had received notice of the Five Year
Plan Meeting of the Department of Transportation on January 18,
1989 and gave the information to City Manager Saunders.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Mrs. Dupee announced that she had been appointed to the
Intergovernmental Relations Committee of the East Central Florida
Regional Planning Council.
The Council congratulated Council Member Dupee on her appointment
and thanked her for the continuing good work with the East Central
Florida Regional Planning Council.
PARKS AND RECREATION BOARD
Nilsa Whitehead, Chairperson of the Parks and Recreation Board
reported that tables and benches had been installed at Azalea Park
and they were a very pleasant addition to the park.
VISITORS WITH BUSINESS
DENNY D. DAVIS REQUEST FOR A VARIANCE TO THE REAR YARD SETBACK
REQUIREMENT
Mr. Davis appeared before Council to request a variance from the
rear yard setback requirement of 25' to 17' for the construction
of a 10 x 10' screened room at Lot 5 D of the Willows Townhouse
Development.
City Manager Saunders explained that the Willows Townhouse
Development was granted under a Conditional Use Permit and recorded
as a Townhouse Development, not as a subdivision. Therefore, its
lots do not conform to the City's subdivision requirements.
However, one of the conditions placed on the development was that
of the 25' setback requirement on the exterior or perimeter lots
from the adj oining properties not included in the development.
Mr. Saunders continued by stating that several screened rooms had
been permit'ted on interior lots, but they do not fall under the 25'
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requirement of the exterior or perimeter lots.
It was pointed out that in the past the Council had repeatedly
denied this type of variance request.
Bob Thompson, one of the developers of the Willows, appeared before
Council stating that the original intent of the development was to
allow screened rooms and it was overlooked during the Conditional
Use Permit process. If this request was not approved, seven owners
of the exterior lots who want screened rooms would be adversely
affected by the oversight.
Mayor Pool called for comments from those present and Pat
McCaffrey, William C. Wilson, Jr., John Starke and a Mr. Perry, all
owners of townhomes in the development spoke in favor of granting
the requested variance. Nilsa Whitehead also spoke in favor of the
request.
Mr. and Mrs. Messer, who own the property directly to the south of
the development, stated their opposition to the request.
Bob Thompson asked if it was possible to amend the Conditional Use
Permit because of the uniqueness of the development.
City Manager Saunders stated that if the CUP was amended, they
would be in the situation now being faced because the CUP would be
amended to include a variance to the setback requirement. Mr.
Saunders further stated that he could not support anything less
than the minimum setback of 25'. R-1-A property is adjacent to the
development on several of the the external lots.
Council Member Turville explained the Conditional Use Permit
process in detail stating that was used to make the development
approvable (or palatable) with conditions for the adjoining
property owners. Many examples were given and discussed of this
type of request being denied in the past, including one in Orange
Hill Subdivision whereby the property owner had to remove a porch
he had constructed without a permit that did not meet the required
setback.
At this point in the discussion, Bob Thompson and Walt Poynter
stated that in their opinion the development was unique and that
if the request was granted, it would not set a precedent for other
properties within the City.
In reply, Council Member Turville stated that the development was
unique, but it faced the same rules as all other developments
within the City.
After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER 89-001
TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED
TO DENY THE DAVIS VARIANCE REQUEST FOR A REAR YARD SETBACK OF 17'
WHERE 25' IS REQUIRED FOR LOT 5 D OF THE WILLOWS TOWNHOUSE
DEVELOPMENT.
WILLIAM C. WILSON REQUEST FOR A VARIANCE TO THE REAR YARD SETBACK
REQUIREMENT
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It was stated that Mr. Wilson also lived in The Willows Townhouse
Development one unit to the south of Mr. Davis and was making the
same request for a variance in order to construct a screened roam.
Mayor Pool called for comments fram those present since this was
a public hearing on the request. However, in view of the fact that
Mr. Davis' request was denied, A MOTION WAS MADE BY COUNCIL MEMBER 89-002
COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED
TO DENY THE WILSON VARIANCE REQUEST FOR A REAR YARD SETBACK OF 17'
WHERE 25' IS REQUIRED.
WATERMAN MEDICAL CENTER, INC. - RESOLUTION #612, REQUEST FOR A
CONDITIONAL USE PERMIT FOR OPERATING AN AMBULANCE SERVICE AT 1118
HIGHWAY 27
Chris Giachet ti representing Waterman Medical Center appeared
before Council to answer any questions concerning the request. Mr.
Giachetti stated that the Emergency Medical Service was requesting
a variance along with the Conditional Use Permit to be allow an
eight foot fence with two feet of barbed wire on top of it around
the property because one fully equipped ambulance would be left on
the site when the other was out on a call.
It was reported that the Planning and Zoning Commission at their
meeting held January 3, 1989, had unanimously recommended approval
of the request with the conditions as outlined in the Resolution.
During the meeting the Commission discussed the possibili ty of
requiring Waterman Medical Center to install some type of warning
signs or signalS on Highway 27.
Upon Staff review of the request, it was recommended that the fence
be no higher than 8 feet and that a condition be added to the
Resolution that Waterman Medical Center be required to install a
warning sign or device as recommended by the Department of
Transportation and upgrade in the future as necessary.
Mr. Giachetti stated that the Waterman Medical Center was aware of
this and would be willing to pay for the warning devices if they
were required by the DOT.
After a brief discussion of the request, A MOTION WAS MADE BY 89-003
COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #612 AS
AMENDED TO INCLUDE CONDITION #9 THAT IF IN THE FUTURE THE DOT
REQUIRES SOME TYPE OF WARNING DEVICE ON HIGHWAY 27, IT WILL BE
INSTALLED AND PAID FOR BY THE APPLICANT.
As a point of clarification, Council Member Turville reiterated
that the fence could be a maximum of 8' high. This would allow a
6 foot fence plus two additional feet of barbed wire.
UNFINISHED BUSINESS
FINAL READING OF ORDINANCE 199-M
Ci ty Manager Saunders explained that this ordinance would close and
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permanently abandon that portion of Highland Avenue lying west of
Twelfth Street and adjacent to the northern boundary of the Twelfth
Street Park. It was further explained that the property would
never be utilized as a street, and therefore must be closed and
abandoned in order to be included in the park property. As with
any street closing within the City, the property will be divided
among the adjoining property owners.
Mayor Pool called for comments from those present and no one spoke
in favor of or in opposition to the proposed street closing.
After a brief discussion of the ordinance, A ~OT~ON WAS MADE BY
COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND
UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 199-M
WHICH WILL CLOSE AND PERMANENTLY ABANDON THAT PORTION OF HIGHLAND
AVENUE LYING WEST OF TWELFTH STREET.
89-004
FINAL READING OF ORDINANCE 257-C
Finance Director Van Zile explained that this ordinance would amend
that section of the City of Clermont Code concerning pensions and
retirement to reflect changes mandated by the State of Florida in
the fire and casualty premium taxes. The fire insurance tax will
be changed from 2% to 1.85% and the casualty insurance tax will be
changed from 1% to .85%. Mr. Van Zile further explained that there
should be no change in the amount of funds received by the City due
to the expanded base on which the tax is being charged.
Mayor Pool called for comments from those present and no one spoke
in favor of or in opposition to the proposed ordinance.
A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
ORDINANCE 257-C. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR
POOL.
89-005
NEW BUSINESS
INTRODUCTION OF ORDINANCE 200-M
City Manager Saunders explained that this ordinance was a request
by the property owners of Lots 291, 292, 315 and the S 1/2 of 316
'. of Clermont Heights Subdivision, which are located on the north
side of Almond Street, east of Bloxam Avenue. The request is to
rezone the property from R-2 Residential to R-3A
Residential/Professional. It was further explained that the same
area was recently approved for a Comprehensive Plan change to allow
professional offices. The requested change would have no effect
on the density in the area, which is eight units per acre, but
would allow professional offices to be developed under a
Conditional Use Permit.
A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL
MEMBER DUPEE TO INTRODUCE ORDINANCE 200-M. THE ORDINANCE WAS READ
BY TITLE ONLY BY MAYOR POOL.
89-006
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INTRODUCTION OF ORDINANCE 202-M
City Manager Saunders explained that the Growth Management Act of
1985 requires that a municipality must appoint a local planning
agency to oversee the development of the changes in the Ci ty , s
Comprehensive Plan. A separate group of people or the existing
Planning and Zoning Commission may be appointed the local planning
agency. Most smaller cities have found it to be functionally
better to appoint their Planning and Zoning Commission as the local
planning agency because they are already familiar with the planning
process and the conducting of public meetings.
Ordinance 202-M will establish a local planning agency and
designate the City of Clermont Planning Commission as the local
planning agency.
The final hearing for Ordinance 202-M will take place during the
first Council Meeting in February.
A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL
MEMBER TURVILLE TO INTRODUCE ORDINANCE 202-M. THE ORDINANCE WAS
READ BY TITLE ONLY BY MAYOR POOL.
89-007
RESOLUTION #611 - REPEALING THE GARBAGE COLLECTION FRANCHISE OF
DISPOSALL, INC.
City Manager Saunders explained that this Resolution would repeal
the garbage collection franchise of Disposall, Inc. who have
defaul ted on the agreement by not having a general liabili ty
insurance pOlicy, not having a surety bond and not paying the
required franchise fee to the City.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED
BY ROLL CALL VOTE TO ADOPT RESOLUTION #611 REPEALING THE GARBAGE
COLLECTION FRANCHISE OF DISPOSALL, INC. THE RESOLUTION WAS READ
BY TITLE ONLY BY MAYOR POOL.
89-008
BOARD AND COMMISSION APPOINTMENTS
MAYOR PRO TEM
Council Member Dupee nominated Council Member Turville and Council
Member Cole motioned that the nominations cease for the position
of Mayor Pro Tem. A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED THAT
COUNCIL MEMBER TORVILLE BE APPOINTED TO THE POSITION OF MAYOR PRO
TEM OF THE COUNCIL.
89-009
PLANNING AND ZONING COMMISSION
It was reported that the terms of Marilyn George, Robert Mitchell,
Bonnie Kranz, Buck Evans, and Debbie Gaines had expired, and that
the seat held by Cecil S~art, who resigned to run for Council, had
one year left of the two year term. Debbie Gaines does not wish
to be reappointed to the commission and the others have indicated
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their desire to continue to serve.
A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL 89-010
MEMBER DUPEE AND UNANIMOUSLY CARRIED TO REAPPOINT MARILYN GEORGE,
ROBERT MITCHELL, BONNIE KRANZ AND BUCK EVANS TO TWO YEAR TERMS ON
THE PLANNING AND ZONING COMMISSION.
Nominations were then taken to fill the two year term for the seat
formerly held by Debbie Gaines.
Council Member Cole nominated James Brown, Council Member Cole
nominated Edward Ivey, Council Member Turville nominated Howard
Barry and Mayor Pool nomina ted Cecil Smart to the posi tion.
Council Member Turville withdrew his nomination of Mr. Barry and
Council Member Cole withdrew his nomination of Mr. Ivey.
Mayor Pool called for a vote on the nominations, and JAMES BROWN 89-011
WAS APPOINTED BY A FOUR TO ONE VOTE, WITH MAYOR POOL VOTING FOR MR.
SMART, TO A TWO YEAR TERM ON THE PLANNING AND ZONING COMMISSION.
Mayor Pool then called for nominations to fill the one year
unexpired term of Cecil Smart. Council Member Turville nominated
Edward Ivey and Council Member Norquist nominated Cecil Smart.
Nominations were then closed. Mayor Pool called for a vote on the
nominations, and CECIL SMART WAS APPOINTED TO THE ONE YEAR TERM ON 89-012
THE PLANNING AND ZONING COMMISSION BY A THREE TO TWO VOTE, WITH
COUNCIL MEMBERS TURVILLE AND COLE VOTING FOR MR. IVEY.
CODE ENFORCEMENT BOARD
It was explained that the three year terms of William McKinney,
Martin Wright and Ed Ivey had expired and that the one year
unexpired term of Ed Whitehead, who resigned to run for City
Council, needed to be filled. All four people have expressed an
interest in being reappointed to the board. Council Member
Turville asked Mr. Barry if he would be willing to serve on the
Code Enforcement Board if nominated. Mr. Barry stated that he
would be interested.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER 89-013
DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO
REAPPOINT WILLIAM MCKINNEY, MARTIN WRIGHT AND ED IVEY TO THREE YEAR
TERMS ON THE CODE ENFORCEMENT BOARD.
Mr. Barry was nominated to fill the unexpired term of Ed Whitehead,
but withdrew his nomination in favor of Mr. Whitehead.
After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER 89-014
DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO
APPOINT ED WHITEHEAD TO THE ONE YEAR UNEXPIRED TERM ON THE CODE
ENFORCEMENT BOARD.
BOARD OF DIRECTORS OF THE LAKE APOPKA NATURAL GAS DISTRICT
It was explained tha t this was a two year term and that John
Sargent, the City'S representative to the Board of Director for
many years was requesting reappointment. After a brief discussion,
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A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL 89-015
MEMBER COLE AND UNANIMOUSLY CARRIED TO APPOINT JOHN SARGENT AS THE
CITY I S REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE LAKE APOPKA
NATURAL GAS DISTRICT.
COOPER MEMORIAL LIBRARY LIAISON
After a brief discussion, Mayor Pool was reappointed liaison to the
Board of Directors of Cooper Memorial Library.
CHAMBER OF COMMERCE LIAISON
Council Member Cole was reappointed as the liaison to the Chamber
of CGmmerce and Council Member Norquist was appointed as the
alternate.
LAKE COUNTY POLLUTION CONTROL BOARD
Council Member Turville was reappointed representative to the Lake
County Pollution Control Board.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Council Member Dupee was reappointed representative to the East
Central Florida Regional Planning Council.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL PROJECT REVIEW
COMMITTEE
Don Smith was reappointed representative to the ECFRPC proj ect
Review Committee.
LAKE COUNTY BOARD OF COMMISSIONERS LIAISON
Council Member Norquist was appointed as liaison to the Lake County
Board of Commissioners.
LAKE COUNTY LEAGUE OF CITIES BOARD OF DIRECTORS
Council Member Dupee was reappointed representa ti ve to the' Lake
County Board of Directors of the League of Cities with City Manager
Saunders being named alternate.
SOUTH LAKE COUNCIL FOR THE ARTS
The current board members were reappointed to the Council for the
Arts as follows: Nick Jones, Paul Lewis, Mary Ogilvie, Steve Monn,
Bonnie Homan Ray, Chris Kurz and Richard Huff.
PARKS AND RECREATION BOARD
It was reported that this board is appointed by the Mayor and in
the past has been limited to twelve members. The following current
members have asked for reappointment to the board: Nilsa
Whitehead, Bobbie Pool, Bob Milke, Karen Turville, Robert Mitchell,
Michael Floyd, Jack Gaines and Larry Maynor. Nilsa Whitehead
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introduced Carol Whitfield and stated that she would like her to
be appointed to the board. Mrs. Whitehead then asked Howard Barry
if he would be willing to serve on the board and he stated that he
would be interested. Mrs. Whitehead also requested his
appointment. There were no other requests for appointment to this
board.
Mayor Pool then reappointed the eight members of the board and
appointed the two new members, bringing the total membership on the
board to ten.
There being no further business or discussion, the meeting
adjourned at 9:45 p.m.
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Robert A. Pool, Mayor
Attest:
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J s ~E: Van . , Ci ty Clerk
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