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04-23-1985 Regular Meeting e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 23, 1985 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, April 23, 1985 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: Council Member Huff, Mayor Pro Tem Turville, and Council Member Henry. Council Member Cole was absent. Other City Officials present were City Manager Forbes, City Attorney Baird, Finance Director Saunders and Deputy City Clerk Brandt. INVOCATION The Invocation was given by City Manager Forbes followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the April 3, 1985 Workshop Meeting were approved with the following changes: Under Comprehensive Plan on page 1, the words UD-2 in statements 1 and 2 were changed to NED-2. On page 2, under other recommendations..., item 4, UD-2 was changed to NED-2, UD-2 was also changed to NED-2 in the next sentence. The Minutes of the Regular Meeting held April 9, 1985 and the Workshop Meeting held April 15, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT OFFICE SPACE - LOWER LEVEL OF CITY HALL It was reported that John Hughes who rents 1200 square feet of office space in the lower level of City Hall had purchased Rolling Hills Realty and was exercising his option to 'terminate the lease by giving ninety days notice. Lake County Mental Health Service has expressed an interest in leasing the space, and Jim Hoskinson will be writing the Council concerning the leasing of the office space and the possibility of paying a lesser amount for electricity. DRAFT URBAN RESERVE AREA MAP It was reported that a draft Urban Reserve Area Map had been prepared by the East Central Florida Regional Planning Council. It was suggested that a Workshop be held in a few weeks to discuss the proposed map. COUNCIL MEMBER TURVILLE'S REPORT Council Member Turville introduced Charlie Haines of the local VFW Post who presented City Manager Forbes a plaque for his community service. Mr. Haines read the inscription and thanked Mr. Forbes for all of his help during the past five years. COUNCIL MEMBER HUFF'S REPORT Council Member Huff reported that Rex Taylor, City Manager of Leesburg, had offered to help the City with the City Manager Selection Process, if needed. MAYOR POOL'S REPORT It was reported that Tuesday, April 30th a banquet would be held honoring the 7lst Annual Meeting of the Lake County Chapter of the American Red Cross at Squires III in Leesburg. Any Council Member wishing to attend should call the Red Cross tomorrow to make reser- vations. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 23, 1985 Page -2- FINANCE DIRECTOR SAUNDER'S REPORT Finance Director Saunders asked Council to declare as surplus equip- ment three City vehicles to be placed in the Leesburg surplus equipment auction to be held on Saturday, May 18, 1985. The vehicles are (1) 1979 Dodge Aspen Administrative Car, (1) 1980 Dodge Aspen Police Car and (1) 1983 Dodge Police Car. 85-76After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO DECLARE THE THREE VEHICLES AS SURPLUS EQUIPMENT AND PLACE THEM IN THE CITY OF LEESBURG SURPLUS EQUIPMENT AUCTION TO BE HELD ON MAY },8, ,1985. VISITORS WITH BUSINESS LARRY OGDEN - REQUEST FOR OUTDOOR SALES PERMIT Larry Ogden appeared before Council to request an open air sales permit to allow him to display U-Haul vehicles and pre-constructed sheds on Lots 1-7, Block 85 (southwest corner of Seventh Street and Highway 50). This property is zoned C-l Light Commercial. Mr. Ogden stated that the owner of the property was willing to lease it to him for a period of one year. Mayor Pool stated that he believed that one year would be too long of time to allow the request. Council Member Turville read Section 26-28 (c) from the City Zoning Ordinance and stated that he felt Mr. Ogden's request fell under this paragraph which lists exceptions to the open air sales permit. Mr. Turville also read the definition of a sign in the City's Sign Ordinance, and stated that he believed that Mr. Ogden would need to comply with the Sign Ordinance, and therefore, would need a variance which requires a public hearing. City Attorney Baird stated that it would be dangerous to apply Section 26-28, since Mr. Ogden has stated that he would not be on the premises, but a sign would direct potential customers to his place of business on Montrose Street. He further stated that the if no one was at the site, an open air sales permit could not be granted. Either a person has to be on the site during normal business hours or Mr. Ogden will need to obtain a variance to the Sign Ordinance. Mayor Pool stated that Mr. Ogden could do exactly what he has requested if he would place the display in a C-2 zone. The C-l zoning classifi- cation prohibits vehicular display. Council Member Turville stated that he believed that the intent of the C-l zoning classification was to keep vehicular display out of the zoning0area. He further stated that he believed that if this request was granted, the City would be circumventing both the Sign Ordinance and Zoning Ordinance. 85-77 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER HENRY TO DENY THE REQUEST. COUNCIL MEMBER HUFF AND MAYOR POOL VOTED NAY AND THE MOTION FAILED TO PASS. No further motions were made. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 23, 1985 Page -3- CUNNINGHAM REPLAT City Manager Forbes reported that Mrs. Cunningham was requesting approval of the replat of Lots 31-35, inclusive, of Shady Nook Subdivision. If approved, he suggested that it be granted with the following conditions: 1. Waiver of the 5% fee for land dedication 2. Waiver of sidewalk requirement 3. No building permits will be issued until the sanitary sewer is installed and approved by the City Engineer. City Attorney Baird stated that he would need to see a title op1n10n on the property and that the surveyor needs to put his number on the plat. 85-78 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO APPROVE CUNNINGHAM'S REPLAT CONTINGENT UPON THE THREE ITEMS LISTED ABOVE AND TITLE, INSURANCE APPROVAL. OLD BUSINESS FINAL READING OF ORDINANCE l73-M - STREET CLOSING ON THE NORTH SIDE OF LAKE WINONA Dennis Horton, Attorney for Herman and Julia Reed, appeared before Council to request that the City permanently abandon a portion of an unnamed street that adjoins their property described as Lots 1, 2, 3, and 17 of Block 88, City of Clermont. Street right-of-way east and west of the property has been closed by the City. Mr. Horton stated that the Reeds were in the process of selling the property and would like the unnamed street to be abandoned. Council Member Turville asked if he knew what the new owners planned to do with the site, and Mr. Horton stated that he did not know at this time. 85-79 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER UNTIL SUCH TIME AS THE NEW OWNERS CAN COME FORWARD WITH A PLAN FOR THE SITE. City Attorney Baird stated that he needed to see a title opinion of the property in question, and Mr. Horton stated that he would obtain one for him. NEW BUSINES RESOLUTION NO. 497 - PROCEDURE AND DEADLINES FOR AGENDA ITEMS Council Member Turville stated that he had requested that the procedure for placing items on the Council Agenda be changed. Many people had stated that they did not know what was coming before the Council, and in many instances had they known, they would have attended the meeting. In conclusion, he stated that he felt the changes would enhance the community's ability to e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 23, 1985 Page -4- know what is going on. Also, the new procedure would give the Council more time to study the issues coming before them. Council Member Huff stated that he concurred with Mr. Turville's sentiments, especially giving the Council more time to study the issues. Ken Peach, who was present at the Press Table and represents radio station WWFL, asked that the wording in the Resolution be changed from "press" to "news media" so as to include the radio station. He stated that the radio station used to have an infor- mational program concerning upcoming Council agenda's, and that he would like to start it again as a public service. 85-80 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. 497 AS AMENDED BY CHANGING THE WORD II PRESS II TO "NEWS MEDIA". THE RESOLUTION WAS READ BY TITLE ONLY. INTRODUCTION OF ORDINANCE 244-C, BUILDINGS It was reported that Ordinance 244-C revises the City's present Building Ordinance to be consistent with the County's. City Manager Forbes stated that he had reviewed the Ordinance with Jack Bragg, the County's Building Inspector who does City inspections, and the following two changes should be made: (1) On page 4, the last sentence in Section 5-9 (a) should be struck because this is covered in the State Building Code and (2) On page 6, Section 5-12, item 12 should be changed to include the side yard. City Manager Forbes further explained that many of the City's requirements were more stringent than the County's, and that they would remain that way. Examples were given concerning outside disconnects and wire sizes. 85-81 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER HUFF TO INTRODUCE ORDINANCE 244-C, BUILDINGS. THE ORDINANCE WAS READ BY TITLE ONLY. LEASE AGREEMENT WITH YMCA It was reported that the present lease agreement w~th the YMCA expires on May 1, 1985. Kathy Asmann, representing the YMCA, stated that they wished to exercise the first option and renew the lease with the same rental fee of $101 per month. 85-82 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO RENEW THE YMCA'S LEASE FOR ONE YEAR WITH A MONTHLY RENTAL FEE OF $101. MICROFILMING POLICE RECORDS Finance Director Saunders reported that the Police Department had run out of storage space for old records and that they should be microfilmed. DMC, the company who is microfilming the City records has agreed to film approximately 99,0000 Police Department documents for $2,772. Mr. Saunders recommended that this be done as an extension of our present services. 85-83 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO HAVE DMC MICROFILM THE POLICE DEPARTMENT RECORDS AS AN EXTENSION OF OUR PRESENT SERVICE AT A COST OF $2,772. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING April 23, 1985 Page -5- CITY MANAGER'S FINAL REPORT City Manager Forbes who will be assuming the duties of City Manager in Boulder City, Nevada on May 6, 1985 stated that he wished to make a few parting remarks to the Council. _ Mr. Forbes stated that he had really enjoyed his six years in Clermont and was privileged to have worked with such good Councils over the years. He further stated that the #1 problem facing the City is to maintain its character, the beautiful hills and lakes, with growth. A lot of hard work has gone into the City's Comprehensive Plan and Land Use Map, and these documents reflect how you (the Council) think the City should grow, they give you a philosophy of what you want to do. Ultimately the Council will determine how the City grows. Mr. Forbes continued that a "yes, yes, yes" philosophy had gotten a lot of towns in trouble, but "nos" do not. In closing, Mr. Forbes stated that he admired the Council for its hard work and that they would facing new challenges in the future, and should always remember to love one another. Each Council Member then praised Mr. Forbes accomplishments during his tenure as City Manager and wished him well in his new employment. APPOINTMENT OF AN ACTING CITY MANAGER 85-84 In the matter of appointing an Acting City Manager, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO APPOINT FINANCE DIRECTOR SAUNDERS ACTING CITY MANAGER UNTIL SUCH TIME AS A NEW CITY MANAGER IS APPOINTED BY COUNCIL. 85-85 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO GRANT MR. SAUNDERS CITY MANAGER FORBES' PRESENT SALARY WHILE SERVING AS ACTING CITY MANAGER. There being no further business, the meeting adjourned at 8:40. ~ G).. ~ Robert A. Pool, Mayor Attest: