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01-10-1989 Regular Meeting e e CITY OF CLERMONT MINUTES 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 .e e CITY OF CLERMONT MINUTES 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' e e CITY OF CLERMONT MINUTES 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 - - -- - -- ~ , .. -- e CITY OF CLERMONT MINUTES 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 e e' CITY OF CLERMONT MINUTES 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 ~.'!"!'''~. e e CITY OF CLERMONT MINUTES 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 e 'e CITY OF CLERMONT MINUTES 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, e e CITY OF CLERMONT MINUTES 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 . '. CITY OF CLERMONT MINUTES 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. dd~~ Robert A. Pool, Mayor Attest: ~E~ J s ~E: Van . , Ci ty Clerk ~