Loading...
10-11-1983 Regular Meetng e CITY OF CLERMONT e MINUTES REGULAR COUNCIL MEETING October 11, 1983 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, October 11, 1983 in the City Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Council Member Cole, Council Member Turville, Mayor Pro Tern Pool, and Council Member Dupee. Other City Officials present were: City Attorney Baird, Finance Director Saunders, Public Works Director Smythe, and Deputy City Clerk Brandt. The Invocation was given by Public Works Director Smythe followed by the repeating of the Pledge of Allegiance to ~he Flag by all present. MINUTES The Minutes of the September 27, 1983 Regular Meeting were approved as presented. CITY MANAGER'S REPORT COUNCIL WORKSHOP It was reported that some Council Members had expressed an interest in having a Workshop on the zoning of the recently annexed Wade property. It was recommended that the Workshop beheld Thursday, October 20, 1983 at 7:00 p.m. After some discussion, it was the consensus of the Council to conduct the Workshop as recommended. UTILITY DEPARTMENT REQUEST It was reported that the City Council had authorized the expenditure of $17,608 during the past fiscal year for water line transfers and replace- ments. As of September 30, 1983 at total of $9,004.01 had been. expended, and it was requested that the unexpended sum of the total amount or $8,603.99 be reauthorized from the Utility Improvement, Repair, and Replacement Fund to continue the work in FY1983-1984. After some dis- :3-172 cussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO.REAUTHORIZE THE EXPENDITURE OF $8,603.99 FROM THE UTILITY IMPROVEMENT, REPAIR, AND REPLACEMENT FUND TO CONTINUE WATER LINE TRANSFERS AND REPLACEMENTS IN FY 1983-1984. MAYOR BEALS REPORT LAKE COUNTY COUNCIL ON AGING Mayor Beals reported that the City's Special Activities Fund had budgeted $11,000; $10,000 of which would go toward the Clermont Centennial Cele- bration. He then asked the Council to consider appropriating half of the remaining $1,000 to the Lake County Council On Aging to help defray its expenses of setting up a Senior Center in Clermont. After some discussion, ~3-173 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO APPROPRIATE $500 FROM THE SPECIAL ACTIVITIES FUND TO THE LAKE COUNTY COUNCIL ON AGING TO HELP DEFRAY EXPENSES INCURRED IN SETTING UP THE SENIOR CENTER IN CLERMONT. Mayor Beals also expressed the Council On Aging's interest in using the offices in Jenkins Auditorium should they become available after the first of the year. He also requested that Mr. Jerry McDowell, Executive Director of the Lake County Council on Aging, be placed on the agenda for the next Regular Council Meeting. RESOLUION NO. 457 -REQUEST FOR A CONDITIONAL USE PERMIT AT 770 W. MONTROSE Mr. Todd Dettrich appeared before Council to request a Conditional Use Permit to enage in the light fabrication and construction of custom cabinets and interior refurbishing materials for vans and recreational vehicles. Light manufacturing is a conditional use in a C-2 General Com- mercial zone. He presented a petition from numerous downtown merchants favoring his proposed business at 770 West Montrose Street. It was explained that most of his business could be conducted inside the building, however, on occasion a large Recreational Vehicle would be park~d' outside the building waiting to be refurbished. e CITY OF CLERMONT e MINUTES REGULAR COUNCIL MEETING October 11, 1983 Page -2- Mayor Beals called for comments from those present in the audience. On behalf of the South Lake Art League, Mrs. Ruby Abel spoke against the proposed use of the building. She stated that she felt large buses had no place in the downtown business district, the noise level might not be acceptable, and she expressed concern of possible fire hazards. Mayor Beals read a letter from James H. Hanks of Hanks Electric Company which expressed his opposition to large buses being worked on in the downtown business district. Laura Cook, another downtown merchant, spoke in favor of the proposed Conditional Use Permit. Council Member Turville asked City Attorney Baird for his opinion of the proposed use of the building in the downtown business district. City Attorney Baird stated that the problem with bus and van conversions in the C-2 Zone is the transfer from the building to the bus those things manufactured for the refurbishing. Going out- side the building does not seem to fit a light manufacturing procedure. Allowing this would set a precedent for future use as it would signi- ficantly expand the scope of the present ordinance. He stated that if this request was allowed, the present ordinance would need to be redrafted. Mayor Beals stated that he felt that refurbishing buses did not lend itself to enhancing the downtown business district. Council Member Turville again addressed Mr. Baird and asked if the CUP request was passed, if the City would have difficulty denying similar requests in the future. City Attorney Baird reiterated his position that he felt real legal problems would result if Mr. Dittrich were allowed to work on vehicles outside of the building, and the City Council would lose' its ability to control what goes in downtown. Council Member Pool cited the Planning and Zoning Commission's rec- comendation that a one year stipulation be placed on the CUP request, and stated that after a one year trial period, renewal of the CUP could be denied if the proposed use of the building proved to be undesirable. He further stated that he personally had no problems with building cabinets inside the building and going outside to in- stall them. 83-174 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND WAS ADOPTED BY A THREE TO TWO ROLL CALL VOTE TO DENY THE CONDITIONAL USE PERMIT BASED ON THE STRENGTHS OF THE CITY ATTORNEY'S LEGAL OPINION AND THE GREAT INHERENT RISKS INVOLVED AND THE FACT THAT THE USE WAS NOT CONDUCIVE TO THE DOWNTOWN BUSINESS AREA. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL AND COLE, NAY; COUNCIL MEMBERS DUPEE, AND TURVILLE AND MAYOR BEALS, AYE. City Attorney Baird was asked if there would be any legal problems if all the work was done inside the building and nothing was installed outside of the building. He stated that he felt this would be accept- able to the definition of light manufacturing in the C-2 Zoning Classification. Council Member Dupee asked Mr. Dittrich if he would be able to comply with this. Mr. Dittrich stated that it would be difficult, but he could install the cabinets on the large vehicles at another site. 83-175 After a great deal of discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO AMEND RESOLUTION NO. 457 TO READ THAT ALL WORK MUST BE DONE INSIDE THE BUILDING AND THAT THE REFURBISHING OF BUSES BEHIND THE BUILDING WILL NOT BE ALLOWED. 83-176 After further discussion, A MOTION WAS MADE BY COUNCIL 'MEMBER TUR- VILLE AND SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO AMEND MR. POOL'S AMENDMENT TO INCLUDE THE FOLLOWING: NO SPRAY e CITY OF CLERMONT e MINUTES REGULAR COUNCIL MEETING October 11, 1983 Page -3- PAINTING OR FIBERGLASS LAYUP WORK WILL BE ALLOWED ON THE PREMISES DUE TO THE FUMES AND FIRE HAZARDS INHERENT IN THIS TYPE OF WORK. THE AMENDED MOTION FAILED BY A THREE TO TWO ROLL CALL VOTE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL AND COLE, AYE; AND MAYOR BEALS AND COUNCIL MEMBERS TURVILLE AND DUPEE; NAY. SIDE YARD VARIANCE REQUEST FOR 741 OSCEOLA STREET It was reported that Mr. David (Tony) Griner had requested a side yard variance to build a 14 x 24' addition to the rear of his home at 741 Osceola Street. The residence has an existing lot width of only 25' and is already nonconforming. A side yard of 7.5' is required, and Mr. Griner stated that he needed a side yard of 5' on the west and 6' on the east side to construct the addition. Mr. Cecil Eaton, a neighbor, stated that he would have no problems with the 5' side yard on the west side of the property. 83-177 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO GRANT A SIDE YARD OF 5' ON THE WEST SIDE OF THE PROPERTY AND 6' ON THE EAST SIDE OF THE PROPERTY IN ORDER TO BUILD A 14' x 24' BEDROOM ADDITION ON PROPERTY WHICH IS ALREADY NONCONFORMING DUE TO THE 25' LOT WIDTH. WILLIAMS STEEL REQUEST FOR TIME EXTENSION TO COMPLETE REQUIREMENTS OF EXISTING CONDITIONAL USE PERMIT Mr. John Brown, Vice President of Williams Steel, appeared before Council requesting an extension of eight months to comply with the landscaping, parking, and drainage requirements for its Con- ditional Use Permit. As part of the CUP, these requirements were to have been met by October 9, 1983. Mr. Brown stated that the the lot paving, sedimentation pond, and retention area were in- complete, but the company had spent $8,400 on landscaping and an irrigation system to water jasmine planted along the fence, the construction of a swale on the north side of the property, and posts were installed along the swale to create a barrier to pre- vent damage by employee vehicles. Because of the current state of the economy, Mr. Brown stated that the company could not afford the minimal figure of $22,500 to complete the parking lot require- ments of the Conditional Use Permit. He hoped that business would improve during the eight month extension so the project could be completed. (See attached letter). Much discussion ensued regarding the driveways and parking lot required by the CUP and the bids which were obtained by Williams Steel for paving the parking lot. Council Member Turville cited several previous agreements between Williams Steel and the City which began in 1974 and were never completely honored. He acknowledged that Mr. Brown was not with Williams Steel when some of the agreements were made, but stated that it was difficult to understand how a company could become selective as to what it honored in an agreement, and ignore the remainder of the requirements. Council Member Pool asked City Attorney Baird what would happen if the Council denied the request and the company could not comply with the Conditional Use Permit requirements. He also stated that considering past history, he did not want the company coming back and asking for another extension if one was granted. Mayor Beals suggested a sixty day extension might be possible, but stated that Williams Steel should be treated no differently than any homeowner, and the parking lot problem had been going on for nine years now which is long enough. Mr. Brown stated that a sixty day extension would not help, and at the end of that time, the company would be no better off than . it is now. e CITY OF CLERMONT e MINUTES REGULAR COUNCIL MEETING October 11, 1983 Page -4- Council Member Turville suggested that the Conditional Use Permit should be rescinded one day after the next Council Meeting if some effort had not been made toward compliance. Council Members Pool and Cole stated that two weeks were not enough time to even get bids. 83-178 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO RESCIND THE CONDITIONAL USE PERMIT SIXTY DAYS FROM TODAY'S DATE. IF PROGRESS IS SHOWN DURING THAT TIME, THIS CAN BE CHANGED, BUT IT PLACES THE BURDEN OF PROOF ON WILLIAMS STEEL. MAYOR BEALS TURNED THE CHAIR OVER TO MAYOR PRO TEM POOL AND SECONDED THE MOTION. THE MOTION FAILED BY A THREE TO TWO VOTE. VOTING WAS AS FOLLOWS: MAYOR BEALS AND COUNCIL MEMBER TURVILLE, AYE; AND COUNCIL MEMBERS POOL, DUPEE, AND COLE, NAY. Mayor Pro Tem Pool turned the Chair back over to Mayor Beals at the conclusion of the voting. 83-179 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, AND SECONDED BY COUNCIL MEMBER POOL TO GRANT WILLIAMS STEEL A SIX MONTH EXTENSION FOR COMPLIANCE TO THE CONDITIONAL USE PERMIT. At this point in the meeting, Public Works Director Smythe offered a temporary solution to the problem of runoff coming from the DeSoto Street driveway. He stated that the water had been coming out of the driveway and washing clay and water into the yards and carports across the street. Mr. Smythe suggested that for a small expenditure, Williams Steel could build a berm and block the driveway on DeSoto Street to impede the flow of water. Mr. Brown stated that he was unaware that this problem existed. Council Member Pool called for the question, and Council Member Turville objected. Mayor Beals polled the Council for objections to further discussion, and Council Member Cole objected, and the discussion continued. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO AMEND THE MOTION TO INCLUDE AS A PRIORITY, THE ADDRESSING OF THK~ PROBLEM ON DESOTO STREET AS SUGGESTED BY MR. SMYTHE. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO ADD A SECOND AMENDMENT TO THE MOTION WHICH WAS TO RESCIND THE CONDITIONAL USE PERMIT IN SIX MONTHS, IF COMPLIANCE HAD NOT BEEN MET, AND THIS MOTION DIED FOR LACK OF A SECOND. COUNCIL MEMBER TURVILLE CALLED FOR THE QUESTION AND THE MOTION WAS PASSED AS AMENDED BY A THREE TO TWO VOTE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, COLE, AND DUPEE, AYE; AND MAYOR BEALS AND COUNCIL MEMBER TURVILLE, ~AY. W.G. MANAGEMENT - RESOLUTION NO. 458, CONDITIONAL USE PERMIT Finance Director Saunders reported that W.G. Management had requested that 83-180 this Resolution be tabled. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THE W.G. MANAGEMENT REQUEST INDEFINITELY. Council Member Turville asked that a new site plan be presented when the request is heard. WILLIAM CLAY REQUEST FOR GRASS PARKING (AUXILLIARY PARKING) Mayor Beals read a letter from William D. Clay asking the City Council's permission to have grass parking at the rear of the townhouse he is 83-181 constructing on 7th Street. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED TO GRANT MR. CLAY'S REQUEST FOR GRASS PARKING AT THE REAR OF HIS TOWNHOUSE ON 7TH STREET AS LONG AS IT DOES NOT INFRINGE ON THE REAR YARD SETBACK REQUIREMENTS. e CITY OF CLERMONT e MINUTES REGULAR COUNCIL MEETING October 11, 1983 Page -5- It was requested that Mr. Clay present altered site plans showing the grass or auxilliary parking to the Building Department. NEW BUSINESS STREET SWEEPER Public Works Director Bob Smythe appeared before the Council to discuss and answer questions about the various types of street sweepers the City had been investigating. He explained how several different types of sweepers worked and their costs. Mr. Smythe stated that he felt the Tymco Regenerative Sweeper was the best equipment and explained a demonstration which was held here. A demonstrator model with 2,000 miles could be purchased for $55,000 with warranty. If purchased new, the machine would cost $65,000. Mr. Smythe also asked that he be allowed to nego- tiate the price of the sweeper up to the asking price. After 83-182some discussion about the different types of sweepers, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TUR- VILLE AND UNANIMOUSLY CARRIED TO ALLOW MR. SMYTHE TO NEGOTIATE A PRICE OF UP TO $55,000 FOR THE TYMCO REGENERATIVE SWEEPER. $50,000 HAD BEEN BUDGETED FOR THE SWEEPER, AND THE ADDITIONAL $5,000 TO COME FROM THE CAPITAL REPLACEMENT FUND. The meeting adjourned at 9:55 p~ 13. ~.-P-h.i. Charles B. Beals, Mayor Attest: ." iilORANDUM45FVOTIMt~ONFUCT I " I I I _J FORM 4 " J.AS1' NAME - "'IR"S"i NAME - MIDDLE NA'Mi'" Poo~___~ Robert MAILING ADDRESS 1464 East Avenue CITY C~,ermont.!. NAME OF AGENCY City of Clermont FL ZIP 32711 COUNTY Lake AGENCY 181101& of: DATE ON WHICH VOTE OCCURRED o STATE September 27, 1983 NAME OF PERSON RECORDING MINUTES DCOUNTY Julie M. Brandt TITLE OF PERSON RECORDING MINUTES 0MUNICIPALITY Deputy City Clerk I...-.-.:: SPECIFY DOTHER MEMOR,ANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ) [f you have voted in your officiaJ capacity upon any measure in which you had a personaJ, private, or professionaJ Interest which inures to your speciaJ private gain or the speciaJ private gain of any principaJ by whom you are retained, please disclose the nature of yow Interest below. Mr. Pool asbstaine~ from voting on the Clermont Hotel "I I I I I I j i I I i '\ Description of the pelSonaJ, pri~ate, or professionaJ interest you have in the above matter which inures to your speciaJ private aain or I the speciaJ private gain of any principal by whom you are retained: 1. Description of the matter upon w~icb you voted in your officiaJ capacity: 2. Mr. Pool is a mortgage holder of the Hotel 3. Person or principaJ to whom the special gain described above will Inure: a.1X) Yourself b.D Principal by whom you are retained: 'iIUNA1'URE (NAMB) Robert Pool OJ' ----- '''-''0- DATE ON WHICH FORM . WAS FILED WITH THE PERSON RESPONSIBLE I"OR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTii: OCCURRED: ._---._---"-_._~. -_... -----.-- 1 ,____..1 I I FILING INSTRUCTIONS i i ThiS memorandum must be filed within fifteen (15) days following tht! meeting during which the voting conflict occurred with the pelSon i responsible for recording tile minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be \ liIed merely to indicate the absence of a voting ~onflid. f'lorida law permits but does not require you to abstain from voting when a conflict, of interelit arises; if you vote, however, the conllict must be dillClosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES Ii Jl2.317 (1879). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES I GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE; OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED t6,OOO. ~: FORM. - REV. 12-79 MloRANDU-M --"-- . ---, OF VOTlr4I. ~O~:FLICT -, ! FORM 4 I.AST NAME - FIRST NAME - MIDDLE NAMB Col,,~ Lester MAILING ADDRESS P.O. Box 695 CITY AGENCY i. uDi& of: o STATE DATE ON-WHICH VOTE OCCURRED er 11, 1983 NAME OF PERSON RECORDING MINUTES I I 1 I - .! ..,1 i <. J DCOUNTY Clermont ..----. NAME OF AGENCY City of Clermont ZIP 32711 'COUNTY Lake l!lMUNIClPALITY Julie M. Brandt TITLE OF PERSON RECORDING MINUTES Clerk DOTHER MEMORANDUM OF CO'NFLICT OF INTEREST I"; A YOTlNG SITUATION [Required by Florida Statutes ~;12.3143 (1979) ] I . " . I [f you have voted in your 'official' capacity upon 'any measure in which you bad a pe~sonaJ, private, or professionaJ interest which inures to ! your special private gain or the ipecial private gain o'f any prin~ipal by whom you are. retained, please .discIOse'the nature of yow Interest I ~~. i -1 i I I I 1 1. Description of the matter upon wbich you voted in your official capacity: ~ Extension of time -to complete requirements of Conditional Use Permit fOT Wil'liams Stee;l.' I I , I .1 . " I Description of the personaJ, private, or professlonaJ interest you have in the above matter which inures to your speciaJ private gain or ! the special private gain of any principal by wbom you are retained: ! , 2, I am employed by Williams Steel~ 3. Person or principaJ to whom the speclaJ gain described above will inure: a.Ga Yourself b.D Principal by whom you are retained: ~ (NAMB) - .-_. .1.DATIi--Oii-WH'CH .D....W-..~H-... '.'SON RESPONSIBLE FOB. RECORDING MINUTES OF THB MEETING AT WHICH THE VOTE OCCURRED: ._.._~_ __._h __ I I I i I This memorandum must be filed within fifteen (It)) days following the meeting during which the voting conflict occurred with the person I responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be : liled merely to indicate the absence of a voting eonflict. Florida law permits but does not require you to abstain from voting when a conflicL : of interest arises; if you vote, however, the conOict must be disclosed pursuant to the requirements described above. i 1 i , I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (18'79), A FAILURE TO MAKE ANY REQUIB.ED DISCLOSURE CONSTITUTES 1 GRUUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FB.OM OFYICg I OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. RErB.lMAND. OB. A CIVIL PENALTY NOT TO EXCEED e6,OOO. : I FlUNG INSTRUCTIONS t: FORM 6. REV. 12-79