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08-10-1993 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 10, 1993 93- A regular meeting of the City Council of the City of Clermont was held Tuesday, August 10, 1993 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Turville, Council Member Cole, and Council Member Ivey. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Pastor Bruce Stewart of the Open Door Baptist Church followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Meeting held July 27, 1993 and Workshop meetings held June 15, July 8, July 15, and July 29, 1993 were approved as presented. CITY MANAGER SAUNDERS' REPORT Florida Freewheelers "Horrible 100" Bicycle Ride NOvember 14, 1993 City Manager Saunders stated that for several years the Florida Freewheelers have held the "Horrible 100" bicycle ride event from Jaycee Beach. They have asked approval of holding the event this year on November 14 with the start and finish at Jaycee Beach. There have been no problem in the past with this group and they provide portable restrooms and take care of their own garbage. 119 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously to approve the Florida Freewheelers to use Jaycee Beach for the start and finish of the "Horrible 100" bicycle ride on November 14, 1993. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 10, 1993 PAGE 2 Chamber of Commerce Labor Day Festivities at Jaycee Beach City Manager Saunders stated the Chamber of Commerce is the prime coordinator for Labor Day festivities. They are requesting formal approval to use the Jaycee Beach area for the same activities as has been held in the past. 93-120 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to approve Labor Day_ activities that have been held in the past at Jaycee Beach. Open House at Police Station August 19 City Manager Saunders reminded all that the Open House for the new Police Department on DeSoto Street will be held Thursday, August 19 from 5:00 p.m. to 8:00 p.m. A short program will be held at 5:00 p.m. with a dedication and ribbon cuffing, and tours will be conducted. Change Order Items and Retainage Reduction for new Police Department City Manager Saunders stated he received four change orders this afternoon from'the contractor, as follows: 407 Add guttering over handicap and staff entry walk overhangs 467 Additional tile work requested 1,779 Additional electrical work requested from the communications area to the equipment room. 273 Adjust existing manhole 2,926 TOTAL City Manager Saunders stated that following the work scheduled to be completed within the next few days, a Notice of Completion should be issued. He suggested decreasing the retainage from the current 10% to 5%. This will still withhold in about $43,000 because of the roof problem. A meeting was held with Ben'idge Mfg. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 10, 1993 PAGE 3 Co., Strollo Architects, and Seacoast Constructors on Monday and they will be making adjustments within the next couple of weeks. 93-121 A motion was made by Council Member Cole, seconded by Council Member Ivey and carried unanimously to approve the above-listed change order items and reduce the retainage from 10% to 5%. Clermont Regional Shopping Center - Complaints from Neighbors City Manager Saunders stated letters were received this week from two Grand Highway residents, Mr. & Mrs. Glenn Stewart and Mr. E.B. Leddon, complaining of vibration damage caused by the compaction equipment at the Clermont Regional Shopping Center. Mr. Leddon has spoken with the job superintendent about three weeks ago and was promised an insurance agent would be out. City Manager Saunders talked with the developers about two weeks ago and they have assured us they will get someone out quickly. Mr. Leddon has asked that we revoke their permit until his problem is resolved. City Manager Saunders stated he thought he could get the matter resolved without revoking the permit. A good record (pictures, etc.) is being kept regarding this problem. Council Member Ivey reported that Mr. Richey on Grand Highway also had damages and was told by the job superintendent to contact his own insurance. Workshop Meeting City Manager Saunders asked to set a Council Workshop on Tuesday, August 17 'for budget review. Council Members agreed to meet at 6:30 p.m. VISITORS WITH BUSINESS John Hurtak, Trustee - Conditional Use Permit for Marie's Hallmark Shop City Manager Saunders stated this request for a Conditional Use Permit for Marie's Hallmark Shop should be removed from the Agenda due to the floor area ratio limits set by the Comprehensive Plan. Staff is working with Mr. Garcia on alternative plans. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 10, 1993 PAGE 4 Jennifer Elswick, Downtown Clermont Association - Oktoberfest Request Jennifer Elswick of the Downtown Clermont Merchant's Association stated they are requesting approval of an Oktoberfest to be scheduled for downtown Clermont on October 30. The event will bring people into the downtown area and expose them to what Clermont has to offer. Beginning at 10:00 a.m. there will be arts and Crafts, costume contests and trick or treating for the children. The children's activities will be concluded at 1:00 p.m. German dancing, music, food and beer is proposed beginning at 2:00 p.m. The request includes closing a portion of Montrose Street from 10:00 a.m. to 10:00 p.m. and allowing two beer gardens, one to be placed on the north side in front of the stage and one in front of Claudia's Dance Studio and the South Lake Art League. Each area would have one opening for entering and exiting. Two off-duty police officers will be hired to guard against possible problems and to check I.D.'s. Mr. Joe Lustman will be providing the food and beverages. Mrs. Elswick and Robert Porter presented 29 letters of support from merchants in the Montrose Street area. Council Member Ivey questioned if Florida law allows the serving of alcohol away from the place of business. City Attorney Baird stated there are special circumstances provided under Florida law for such occasions and if Mr. Lestman shows up with the proper licenses and permits, the question the Council needs to answer is if they will allow the serving of beer at the Oktoberfest. Council Member Cole questioned whether the City would incur liability with the off- duty police officers and if the serving of liquor at the festival will incur any additional liabilities. City Manager Saunders stated the off-duty officers would still be covered as Police Officers. Attorney Baird stated the City will have no additional liability for serving liquor at the festival other than the normal liability for having the festival. Mayor Pool invited those in the audience to ask questions regarding the proposed event. Negative comments received included that it is unnecessary to make a beer hall out of Clermont, that the image Clermont has tried to portray has been that it is a strong family community, however, beer is a destroyer of the family, and that allowing beer to be sold in the streets is setting a precedent. Positive comments included that beer is associated with a German festival, that it will be a good fund raiser, and that it will be strictly controlled. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 10, 1993 PAGE 5 93-122 A motion was made by Council Member Ivey to approve the Oktoberfest event without the sale of alcoholic beverages. The motion died for lack of a second. 93-123 After a brief discussion, a motion was made by Council Member Turville, seconded by Council Member Cole, and carried three to one with Council Member Ivey voting nay_ to approve the Oktoberfest event, including the closing of Montrose Street and allowing the sale of beer. UNFINISHED BUSINESS 93-1 Final Reading of Ordinance 252-M City Manager Saunders stated that the final reading of Ordinance 252-M is to rezone a portion of the Shepherd of the Hills Lutheran Church property on the corner of 2nd and Chestnut Street from R-2 to R-3A which would allow the establishment of a pre- school and day care center on the church site. Staff recommends approval. Mayor Pool stated that rezoning requires a Quasi-Judicial Hearing, and that anyone wishing to speak in favor of, or in opposition to the rezoning should be sworn in. Mr. Joseph Wiebush of 1830 Ramie Road, Clermont was sworn in by City Clerk Van Zile. Mayor Pool read Ordinance #252-M by title only and opened the Public Hearing. Council Member Cole asked how many children are anticipated for the pre-school. Mr. Wiebush stated they plan to have about 30 pre-school children. Mayor Pool closed the Public Hearing. 24 A motion was made by Council Member Cole, seconded by Council Member Turville and carried unanimously by roll call vote to adopt Ordinance 252-M. Shepherd of the Hills Lutheran Church, Resolution 788 City Manager Saunders stated the Shepherd of the Hills Lutheran Church is requesting a Conditional Use Permit to operate a pre-school on the church property. Planning & Zoning and staff recommends approval with conditions as listed in Resolution #788. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 10, 1993 PAGE 6 Mayor Pool stated a Conditional Use Permit requires a Quasi-Judicial Heating, and that anyone wishing to speak in favor of, or in opposition to the Conditional Use Permit should be sworn in. Mr. Joseph Wiebush of 1830 Ramie Road, Clermont was sworn in by City Clerk Van Zile. Mayor Pool read Resolution #788 by title only and opened the Public Heating. No comments or questions were received and Mayor Pool closed the Public Hearing. 93-125 A motion was made by Council Member Ivey, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution #788. Mr. Wiebush 'asked if the six month time extension on the 600 ft. of sidewalk had been incorporated in the approval as requested in his letter to the Council. 93-126 After a brief discussion, a motion was made by Council Member Turville, seconded by Council Member Ivey and carried unanimously by roll call vote to reconsider Resolution #788 and amend it to include a six month deferral from the date of signature of the Conditional Use Permit on the 600ft. sidewalk installation requirement. Street Tree Inventory City Manager Saunders stated that he recommended approval of the proposed agreement with Forest Resources Management for the Street Tree InVentory Project. The firm is agreeing to provide more services than our proposal requested with an Urban Forest Management plan and a planting space inventory for up to 1,500 planting spaces. The current budget includes $6,100 and $6,100 will be provided by the America the Beautiful grant for a total of $12,200. 93-127 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously to approve the agreement with Forest Resources Management for the Street Tree Inventory_ project. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 10, 1993 PAGE 7 NEW BUSINESS Introduction of Ordinance 253-M City Manager Saunders stated that this is the introduction only of Ordinance 253'-M requested by the Presbyterian Church to rezone the southwest corner of Chestnut Street and East Avenue from R-2 to R-3A to allow a pre-school. Mayor Pool read Ordinance 253-M by title only. 93-128 A motion was made by Council Member Cole and seconded by Council Member Ivey to introduce Ordinance 253-M. Introduction of Ordinance 254-M City Manager Saunders stated that this is the introduction of Ordinance 254-M to annex approximately 19 acres on the southwest corner of Highway 50 and Hancock Road owned by Mr. Adams. The property is contiguous with City property on the north side of Highway 50. Mayor Pool read Ordinance 254-M by title only. 93-129 A motion was made by Council Member Turville and seconded by Council Member Cole to introduce Ordinance 254-M. Introduction of Ordinance 255-M City Manager Saunders explained that Ordinance 255-M will rezone the property located on the southwest corner of Highway 50 and Hancock Road from R-R Rural Residential to C-2 Commercial. He explained that all property when annexed into the City of ClermOnt initially receives the R-R Rural Residential zoning. Mayor Pool read Ordinance 255-M by title only. 93-130 A motion was made by Council Member Ivey and seconded by Council Member Cole to introduce Ordinance 255-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING "PAGE 8 Introduction of Ordinance City Manager Saunders explained that Ordinance 256-M will amend the Zoning Ordinance for Open Air Sales Permits. It will add to our current ordinance making it more specific, limiting vendors to one per mile with a 100' setback from Highway 50. Prior to the final heating there will be some changes in the language and a section will be added regarding limiting signage to 8 square feet on both sides and excluding Open Air Sales permits that are in conjunction with existing businesses from the distance and setback requirements. Mayor Pool read Ordinance 256-M by title only. 93-131 A motion was made by Council Member Turville and seconded by Council Member Ivey to introduce Ordinance 256=M. & 7 ~I - C~ Interlocal Agreement with City of Mascotte City Manager Saunders stated that it is time to renew the Interlocal Agreement with Mascotte for the disposal of our compost. The agreement will be for six months (August 1, 1993 to February 1, 1994) for $5,000. This is the same agreement and payment as approved the last several years. 93-132 A motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously to approve the agreement with the Ci~. of Mascotte for compost for $5,000 for six months. There being no further business or discussion, the meeting adjourned at 8:50 p.m. Attest: __E: Van ~e~, CitytClerk