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10-11-1988 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 11, 1988 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, October 11, 1988 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 Tem Turville, Council Member Huff, Council Member Cole and Council Member Dupee. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held September 27, 1988 were approved as presented. REPORTS CITY MANAGER SAUNDER'S REPORT CLERMONT HIGH SCHOOL ADVISORY COMMITTEE MEETING It was reported that a meeting of the Clermont High School Advisory Committee would be held on October 13, 1988 at 5:00 p.m. in the High School Libarary. One of the topics of discussion will be the parking problem at the High School. Several Council Members stated that they would attend the meeting stating that parking was eliminated on East Avenue after several residents' complaints of students parking in front of their homes all day long, obstructing the flow of traffic on East Avenue and and making access to their driveways difficult. It was the general consensus that the High School was not utilizing existing land for parking and that they did not need the spaces on East Avenue. Mayor Pool stated that school begins at 7:30 a.m. and that he had noted 15 to 20 empty spaces in the school parking lot at 8:00 a.m. this morning. On the other side of the issue, City Attorney Baird stated that at 11:00 a.m. on the day he went down to exchange vehicles with his son, the lot was full. After some further discussion, it was the consensus of Council to check the student parking lot at various times during the next few days to determine if it was being fully utilized. DEPARTMENT OF COMMUNITY AFFAIRS GRANT FOR COMPREHENSIVE PLAN It was reported that the City, under the 1987-1988 Local Government Comprehensive Planning Assistance Program had received a grant from the Department of Community Affairs for rewriting certain sections of the City's Comprehensive Plan. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 11, 1988 Page -2- It was further reported and explained that the East Central Florida Regional Planning Council was behind with their data collection for the City, and consequently City had asked for a one month extension to November 30, 1988 on the grant in order to give the ECFRPC time to complete their work. The extension was approved by the Depart- ment of Community Affairs, but now the City must accept the modifica- tion to the grant contract. 88-143~U~~~I~:DW~~A~~~u~iycg~:ii~DM~~~C~~~FTH~Eg~~iDM~~I~~g~ii~N~~~:nING THE DUE DATE TO NOVEMBER 30, 1988. ICMA RETIREMENT CORPORATION TRIPARTITE AGREEMENT City Manager Saunders explained that he had received a letter from former City Manager George Forbes requesting that the City of Clermont transfer his deferred compensation with the Internation City Managers' Association Deferred Compensation Plan from the City of Clermont to the City of Boulder City, Nevada where he is now working. It was further explained that this was a standard procedure to do this. 88-144 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE TRIPARTITE AGREEMENT TRANSFERRING FORMER CITY MANAGER GEORGE FORBES' INTEREST IN THE CITY'S DEFERRED COMPENSATION RETIREMENT PLAN WITH THE INTERNATION CITY MANAGERS' ASSOCIATION FROM THE CITY OF CLERMONT TO BOULDER CITY, NEVADA. INTERLOCAL AGREEMENT WITH LAKE COUNTY FOR SOLID WASTE DISPOSAL SERVICE THROUGH PROPOSED MASS-BURN INCINERATOR It was explained that the County had passed the Service Charge Ordinance (Mandatory Assessment Ordinance) for the mass-burn plant by a vote of three to two. The Interlocal Agreement, which all of the cities of Lake County are being asked to sign with the County, had not been approved due to difficulties with wording. City Manager Saunders stated that he had since received a draft copy of the agreement, but had not had a chance to review it. It was further stated that as soon as staff had reviewed the agreement, a Workshop would be called. City Attorney Baird stated that there were many areas of concern with the whole project, such as the fact that recycling had not been addressed in any of the documents presented and adopted by the County, and that no decision on the Interlocal Agreement could be made without further information and input from the other municipalities in Lake County. It was pointed out that, at this time, the majority of the cities were not in favor of the mass-burn plant concept. It was the consensus of Council to hold a Workshop to discuss this matter after staff has had a chance to gather further information and thoroughly review the proposed document. e e crTYOFCLERMONT MINUTES REGULAR COUNCIL MEETING October 11, 1988 Page -3- COUNCIL MEMBER DUPEE'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL It was reported that by 22 - 7 vote, the Wekiva Falls Project had been voted down by the ECFRPC. Next the project will go to the counties for approval, and if this happens, the ECFRPC will then appeal to the Governor who will make the final decision. COUNCIL MEMBER COLE'S REPORT LOT MOWING It was reported that the following lots needed mowing: the corner of Scott Street and Highland Avenue, the house on Second Street across from Don Pederson's and the corner of Highland and Disston Avenues. VISITORS WITH BUSINESS RESOLUTION #605 - LEONARD BAIRD, JR., REQUEST FOR A CONDITIONAL USE PERMIT Mr. Baird appeared before Council to make the request and declared a conflict of interest. He stated that he was requesting a Condi- tional Use Permit to construct a professional office at 635 West Highway 50, and that the CUP was required because the office would be 4,624 square feet, exceeding the 3,000 square foot maximum in the C-l zone. As part of the CUP, a temporary Certificate of Occupancy is being requested so that Mr. Baird will not have to close his office during construction. The CUP requires that the old office building be demolished and removed within thirty (30) days of the temporary certificate of occupancy on the new structure. Mayor Pool called for comments from those present and Nilsa White- head stated that she favored the proposed project. It was pointed out that the Planning and Zoning Commission at their meeting held October 5, 1988, recommended approval of the CUP with the conditions as outlined in Resolution #605. Mr. Baird he felt a in order. Ordinance stated that in doing the work required to obtain the CUP person should be able to go to one place and get everything It was also stated that the language in the City's Zoning was unclear with regard to the 3,000 square foot requirement. City Manager Saunders stated that the City was aware that many areas of the Zoning Ordinance needed to be changed, and that within the next two months the changes would be brought before the Planning and Zoning Commission for review and recommendations. e e CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING October 11, 1988 Page -4- 88-145 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 605 GRANTING A CONDITIONAL USE PERMIT TO BUILD A PROFESSIONAL OFFICE GREATER THAN 3,000 SQUARE FEET AT 635 WEST HIGHWAY 50. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. UNFINISHED BUSINESS RESOLUTION fl603 It was reported that this Resolution would authorize the submission of an application for grant funds under the Florida Department of Natural Resources for acquisition of the approximate five acre site adjacent to the proposed Twelfth Street Park site. This Resolution was tabled at the September 27, 1988 Council Meeting due to the fact that we had not received the survey of the property necessary to calculate the exact price for the property which must be included in the Resolution. City Manager Saunders stated that he still had not received the survey and asked that the Resolution be tabled until the next Council Meeting 88-146 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO TABLE RESOLUTION NO. 603 UNTIL THE NEXT REGULARLY SCHEDULED COUNCIL MEETING. NEW BUSINESS INTRODUCTION OF ORDINANCE 197-M - REGULATING USE OF THE MUNICIPAL BOAT RAMP LOCATED ON LAKE MINNEOLA City Manager Saunders explained that Ordinance 197-M would regulate the use of the municipal boat ramp on Lake Minneola. It would not prohibit organized events from using the ramp, but would regulate the events in order to avoid any conflicts with two or more events occurring at the same time and to better plan for such events. Each Council Member was given a revised copy of the ordinance, containing a change in Paragraph 2, whereby the wording was changed from ..."providing access to the Clermont Chain of Lakes for Clermont residents"... to "providing access to the Clermont Chain of Lakes for the area residents"... Council Member Huff stated that he had reviewed the ordinance and expressed concern that under Section 1, Item 1, of the ordinance it could be interpreted to restrict the number of participants in any tournament or such event to twenty-five (25) entrants. City Manager Saunders stated that tournaments with up to twenty-five entrants could obtain a permit at City Hall, but those with more than twenty-five entrants would have to obtain Council approval for such an event, as noted under Section 2 of the ordinance. e e \ CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING October 11, 1988 Page -5- Mr. Huff stated that he believed that although that provision was present, the placement of the "exception" in the ordinance made it unclear as to the number of allowable participants because most people would not continue reading the ordinance to get to the exception. He then asked that reference to the "exception" be placed after Item 1, with wording such as "except as modified below". It was reported that City Attorney Baird had reviewed the ordinance with regard to the question of penalties for violations. Mr. Baird stated that the City's Code of Ordinances provides for penalties for violations of any ordinance under Section 1-8 and that no additional language was needed in this ordinance. After some discussion of the ordinance, it was suggested by Council Member Dupee that City Manager Saunders send letters to regular users of the boat ramp telling them of the proposed ordinance. 88-147 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL MEMBER TURVILLE TO INTRODUCE ORDINANCE 197-M AS AMENDED. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. The final reading will be held at the November 8, 1988 Council Meeting. PUBLIC COMMENTS Council Member Cole stated that he would not be at the next Council Meeting because he would be on vacation. There being no further business or discussion, the meeting adjourned at 8:10 p.m. ~ t.:e?~ "Ro ert A. ~ 01, Mayor Attest: