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10-28-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 28, 1997 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Wolfe, Council Member Brown, and Council Member Norquist. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the regular Council Meeting held October 14, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Endowment for Palatlakaha Recreation Area City Manager Saunders stated that he received a letter from Gerald Cooley of Cupertino California with a check for $1,000 to establish an endowment for Palatlakaha Recreation Area in memory of his father LeMoyne Cooley. Mr. Cooley resided in Emerald Lakes for over 20 years and enjoyed visiting the park. The endowment is to provide flowering plants and maintain the board walk. Lake Community Action Agency City Manager Saunders stated that Lake Community Action Agency has asked that a representative be appointed to the agency. Council Member Cole has represented the City for several years and is President at this time. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 Page 2 97-220 A motion was made by Council Member Wolfe, seconded by Council Member Brown, and carried unanimously to reappoint Council Member Cole as the Lake Community Action Agency_ representative. Workshop City Manager Saunders reminded Council Members of the previously set Workshop on November 5 at 6:00 p.m. in the Council Chambers. Levitt Homes will be giving a presentation. He also stated that he checked on the February 18, 1997 Workshop meeting minutes that Council Member Wolfe believed were not approved and found they had been approved at the July 8 meeting. MAYOR POOL'S REPORT Mayor Pool presented a plaque from CFT Sommer Sports to the City for appreciation of the City's sponsorship of the Great Floridian Triathlon that was held October 25, 1997 with almost 800 participants. COUNCIL MEMBER WOLFE'S REPORT Appointments Council Member Wolfe reported that he had received a letter from Elaine at Totally Unique asking to be considered as a representative for the Community Redevelopment Association. City Manager Saunders stated he will be presenting a packet including all applicants' applications for the Community Redevelopment Association for the next meeting. Council Member Brown stated he has also had an inquiry for the CRA. Council Member Wolfe also asked about other appointments held by Mrs. Dupee and Mr. Sargent. City Manager Saunders stated that although those appointments are normally made at the first meeting in January, they will be included in the next meeting also. Council Member Brown stated he would like to be the representative to the Florida League of Cities. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 Page 3 UNFINISHED BUSINESS 97-22 Resolution 977 Mayor Pool stated that Resolution No. 977 states the Council's position to not support the development of a marina on the Clermont Chain of Lakes. He read the resolution by title only and opened the public hearing. He proposed an addition to the third paragraph, "so long as a majority of the citizens of Clermont are opposed" since he believed the Council should serve the majority of the people. City Attorney Baird explained that if the resolution is adopted, staff would advise potential developers that the Council will not support a marina. He stated the resolution could be changed at any time, however. Dan Simmons stated he would be opposed to stating opposition to any marina in the future and he liked the proposed addition of voting on a future marina proposal. He would be in favor of the resolution with the proposed addition. Elaine Resnick stated they wanted to hear that this Council would not support a marina, that they should vote from their heart. Charlene Forthe asked the Council to pass the resolution that was drafted at the Workshop. She asked if a moratorium may be more appropriate. Lisa Jensen stated she didn't agree with the wording in the draft resolution because the Council has no jurisdiction outside Clermont city limits. Council Member Norquist stated the intent of the proposed addition to the resolution is that the Council will follow the wishes of the citizens. Council Member Wolfe encouraged the Council to pass the original draft without the proposed addition since it is unclear if citizens 6 months or 5 years will be considered. Council Member Brown was disappointed they didn't vote to pass the draft resolution. A motion was made by Council Member Wolfe, seconded by Council Member Brown, and carried unanimously to close the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 Page 4 97-222 A motion was made by Council Member Wolfe, seconded by Council Member Brown, and carried unanimously by roll call vote to adopt Resolution No. 977 as presented. Surin Construction - Variance City Manager Saunders stated that the variance request for driveway slopes was tabled at the last meeting. Planning Director Harker and Mr. Surin have worked out a solution that is acceptable to Mr. Surin and is also within the parameters of the Code so they withdrew the request. VISITORS WITH BUSINESS Bonard Pitts City Manager Saunders stated that Mr. Pitts requested to address the Council regarding the City's water turn-off policy, however, he was not present to speak. Carlos Solis Mayor Pool stated that Carlos Solis is requesting the use of the old City Garage located behind CBS Industries for a youth boxing facility. Mr. Solis stated he has been involved in boxing most of his life and is currently involved with non-profit amateur youth boxing. They are in need of a facility and two bays in the old City garage would be adequate. Archie Solomon of Eustis stated he has been a boxer for 33 years and has worked with 4 middle-weight champions. He felt it is a good sport for boys and gives them something to do. City Manager Saunders stated the County inspector has found minor electrical problems which can be easily corrected. 97-223 A motion was made by Council Member Brown, seconded by Council Member Norquist, and carried unanimously to approve the use o_f the oM Ci~_ garage to the non-profit amateur youth boxing group for an unspecified time period. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 Page 5 South Lake Little League City Manager Saunders stated that the South Lake Little League is requesting the Council to consider a reduction in the fees that are now owed to the City for the post- season use of our ball fields, however, a representative is not present. 97-224 A motion was made by Council Member Wolfe, seconded by Council Member Brown, and carried unanimously to table the South Lake Little League fee reduction request until a later meeting. South Lake Chamber of Commerce - Light Up Clermont Mary Jackson, representing the South Lake Chamber of Commerce requested approval of the schedule for the Light Up Clermont activities and parade to be held on Friday and Saturday, December 5 and 6 as outlined in their letter which included the tree lighting ceremony at Center Lake on Friday, December 5 at 7:00 p.m. along with the Kiwanis lighted holiday displays and horse and carriage rides around the lake by Tiny Trotters. Merchants in the downtown business district will serve refreshments after the ceremony. The parade will begin at 11:00 a.m. on Saturday, December 6. Parade staging will be held in the Methodist Church parking lot and will also end there. The route starts at Broome Street and Eighth Street traveling north on Eighth Street to Montrose Street, then south on Lake Avenue, west on DeSoto Street to Eighth Street, and south on Eighth Street to the Methodist Church parking lot. A craft show is planned in the Downtown Business District on Saturday from 9:00 a.m. until 3:00 p.m. 97-225 A motion was made by Council Member Wol_fe, seconded by Council Member Norquist, and carried unanimously to approve the Light Up Clermont_festival December 5 and 6 and parade route as presented. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 Page 6 South Lake Chamber of Commerce - Fishing Tournament Mary Jackson of the South Lake Chamber of Commerce requested approval of a Bass Fishing Tournament planned for Saturday, May 2, 1998 and a waiver of the parking fees. A tournament was held in 1996 and drew 148 entries and was a successful event for the Chamber. Concern regarding the number of entries was discussed. Mayor Pool suggested a possible cap. City Manager Saunders stated off-site parking is necessary and golf carts were used at the last tournament and the event ran smoothly. 97-226 A motion was made by Council Member Norquist, seconded by Council Member Wolfe, and carried unanimously to approve the South Lake Chamber of Commerce bass fishing tournament and waiver o_f parking fees on May. 2, 1998. First United Methodist Church - Tent Permit City Manager Saunders stated the First United Methodist Church is requesting an Open Air Sales Permit for November 28 to December 22 which can be granted administratively under our Open Air ordinance. They are also requesting a temporary tent permit in excess of the three days which requires Council approval. This has been an annual Christmas tree sales event for the youth for several years and he recommended approval of the request. 97-227 A motion was made bY Council Member Norquist, seconded by Council Member Brown, and carried unanimously to approve the First United Methodist Church tent permit for their open air Christmas tree sale on the corner of Highway 50 and 7th Street November 28 to December 22. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 Page 7 Kenneth Waitt - Resolution 976 City Manager Saunders stated that Mr. Waitt is requesting a Conditional Use Permit for the operation of a professional office in an R-3 residential professional district on the west side of Grand Highway, two parcels south of the intersection with Almond Street. Mayor Pool read Resolution 976 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in the following: Bob Thompson Ken Waitt Howard Barry 1958 Brantley, Clermont 11010 Point Nellie Drive, Clermont 439 Carrol Street, Clermont Ken Wait/stated he has lived in Clermont three years and wants to move his insurance office to the temporary BankFirst office across the street from the Clermont Regional Shopping Center. He stated he wanted to keep the mulch parking area rather than paved parking since his business only receives two to four clients a day. He also stated that very little waste is created in his office and one normal garbage container rather than a dumpster is all that is needed. Bob Thompson stated he didn't think there was room to put a dumpster. Howard Barry asked when this will happen. City Manager Saunders stated that a professional office designation does not restrict the type of office use, and there is a potential for significant traffic on a daily basis. The staff's recommendation is for approval of the request for the use with paved parking. Resolution 976 outlines the conditions as recommended by the Planning and Zoning Commission except for the mulch parking request. He suggested that a stipulation could be placed in the Conditional Use Permit that if there is a change of use that it would need to come back to the Council regarding the mulch parking. Council Member Wolfe stated that the Land Development Regulations allow the use of mulch parking. City Attorney Baird explained that because the professional office use in this zoning district requires a Conditional Use Permit, mulch parking must be specifically approved. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 Page 8 97-228 A motion was made by Council Member Wolfe, seconded by Council Member Brown, and carried unanimously bY roll call vote to adopt Resolution 976 deleting the requirement for the dumpster and allowing mulch parking with an annual review bY staff. NEW BUSINESS Introduction of Ordinance 332-M City Manager Saunders stated that this ordinance is for introduction only and will close a 30' wide unnamed right-of-way. A preliminary approval for a subdivision has been previously granted for this area and this section of unnamed right-of-way needs to be closed prior to the replatting of the new subdivision. The area is the south west quadrant of the intersection of East Jacks Lake Road and North Ridge Boulevard. Mayor Pool read Ordinance 332-M by title only and stated the hearing date for the second reading is November 11, 1997. 97-229 A motion was made by Council Member Norquist, seconded by Council Member Wolfe, and carried unanimously to introduce Ordinance 332-M. Bureau of Justice City Manager Saunders stated that the City was awarded a Bureau of Justice Assistance Local Law Enforcement Block Grant in the amount of $10,874 for enhancements to our equipment. The Bureau of Justice requires an advisory committee make a recommendation to the City Council for the use of the funds and the Committee has recommended the grant be used for the replacement of the digital data recorder for the Police Department. Total cost of the digital data recorder replacement is $11,310 and may be purchased from the State purchasing contract. The digital data recorder will be much less expensive to operate than the current system. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 28, 1997 Page 9 97-230 A motion was made by Council Member Brown, seconded by Council Member Norquist, and carried unanimously to approve the use of the Bureau of Justice Assistance Local Law En_forcement Block Grant funds of $10,874 to purchase a digital data recorder for the Police Dept. AUDIENCE COMMENTS Elaine Resnick stated she attended the last Lake County Commission Meeting where they denied approval to the Cherry Lakes Plat and John Zagame stated Clermont is actively courting development and that if the County didn't approve it that Clermont would grab it. Mayor Pool stated that Mr. Zagame did not represent the Clermont Council. Council Member Wolfe asked when the Workshop Agenda would be available. City Manager Saunders stated that a Levitt Homes presentation and the boat ramp lay-out are presently on the agenda and it will be posted at City Hall 24 hours in advance. Council Member Brown asked about Mrs. Freeman's water problem. City Manager Saunders stated he sent Mrs. Freeman a letter with a tentative construction schedule. Mrs. Freeman was in the audience and acknowledged she had received the letter. There being no further business or discussion, the meeting adjourned at 8:56 p.m. Attest: Robert A. Pool, Mayor ~seph E~lerk