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02-10-1987 Regular Meeting e e REGULAR COUNCIL MEETING February lO, 1987 The Regular Meeting of the Clermont City Council was held on Tuesday, February lO, 1987, in the Council Chambers. The Meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Cole and Council Member Huff. Council Member Dupee was absent. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Perlick and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Nilsa (Cuqui) Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Workshop Meeting held January 20, 1987, and the Regular Meeting held January 27, 1987, were approved as presented. REPORTS CITY MANAGER'S REPORT BIKE-A-THON It was reported that Jo Cunningham again was asking permission to hold the St. Jude Bike-A-Thon for cystic fibrosis on AprilS, 1987 from 1:00 to 4:00 p.m. in Margaree Gardens. It was the consensus of Council 'to allow this request. LAKE COUNTY PLANNING DEPARTMENT It was reported that the Lake County Planning Department would hold a public hearing on the "Small Area Study" completed concerning the area of US 27, SR 19 and the turnpike on Wednesday, February 18, 1987 at 7:30 p.m. in Jenkins Auditorium. The same program will be repeated on February 19th in Leesburg. LAKE COUNTY LEAGUE OF CITIES It was reported that the Board of Directors Meeting for the Lake County League of Cities would be held at the Waterfront Restaurant at noon on Friday, February 20, 1987. CSX TRANSPORTATION SYSTEMS It was reported that the City had received notification that the deed had been prepared to transfer the railroad right-of-way the City would be purchasing from CSX Transportation Systems, and that upon receipt of payment the deed would be executed and delivered to the City. City Manager Saunders then asked for Council authorization for City Attorney Baird to write the appropriate letter to CSX and that the City submit payment for the property. 87-034 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO HAVE CITY ATTORNEY BAIRD WRITE AN APPROPRIATE LETTER TO SEND WITH THE PAYMENT FOR THE PURCHASE OF THE CSX TRANSPORTATION SYSTEMS RIGHT-OF-WAY. e e REGULAR COUNCIL MEETING February 10, 1987 Page -2- COUNCIL MEMBER HUFF'S REPORT LEAGUE OF CITIES LEGISLATIVE CONFERENCE Council Member Huff stated that he had attended the League of Cities Legislative Conference in Tallahassee on February 5th and 6th, and reported that the new secretaries for the Department of Environmental Regulation (DER) and the Department of Community Affairs both had indicated a desire to work with the public, to quickly solve problems and streamline operations in their respec- tive departments. This would be a welcome change in light of past experiences working with these agencies. CULTURAL ARTS COMMITTEE It was also reported that a Cultural Arts Committee was being formed to formulate objectives and gain ideas of what the community may want. Those interested in participating should meet at Nick Jones' office on Monday, February 16, 1987 at 1:00 p.m. A Workshop with the Council will be scheduled at a later date. MAYOR POOL'S REPORT DEPARTMENT OF TRANSPORTATION Mayor Pool asked City Manager Saunders to contact the Department of Transportation to see if it was possible to install a turn or stacking lane on Highway 50 for those people trying to turn off from Highway 50 and go north or south on Highway 27. He further stated that he believed this could be accomplished by taking down guardrails and building the lane in the existing median. Council Member Turville stated that as long as this request was being made, the City should request replacing the intersection or at least get input from them (DOT) as to what could be done. City Manager Saunders stated that he would contact the DOT concerning this matter. NILSA WHITEHEAD'S REPORT PARKS AND RECREATION COMMISSION Mrs. Whitehead stated that there would be a dedication of the flag ceremony at the City's new Veterans' Park at 2:30 p.m. on Sunday, February 22, 1987. All those present were invited to attend. It was requested that anyone owning a flag which needed to be disposed of should bring it to the park. PRESENTATION PERCY COLEMAN In recognition of over seventeen years of service to the City, Mayor Pool presented Percy Coleman with an inscribed gold watch. Everyone thanked Mr. Coleman for his dedication and loyalty and wished him well in his retirement. VISITORS WITH BUSINESS AARON JONES - REQUEST FOR AN OPEN AIR SALES PERMIT FOR 407 W. HWY. 50 Mr. Jones appeared before Council to request an open air sales permit for his small engine repair business located at 407 West Highway 50, e e REGULAR COUNCIL MEETING February 10, 1987 Page -3- and to be allowed to conduct a yard sale at his place of business on three Saturdays per month. Some discussion ensued, and it was the consensus of Council that no yard sale should be permitted on the premisis. Mr. Jones was told that he could sell clothes and other items inside his building, but the only items located outside the building must be related to small engine repair. 87-035 A MOTION WAS MADEBY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO GRANT MR. JONES' REQUEST FOR AN OPEN AIR PERMIT RESTRICTED TO ITEMS INCIDENTAL TO SMALL ENGINE REPAIR FOR HIS PLACE OF BUSINESS LOCATED AT 407 WEST HIGHWAY 50. ALFRED URCIOLO - PRESENTATION OF PETITION REQUESTING THAT COUNCIL RECIND THE USE OF THE HIGHLANDER HUT FOR TEEN DANCES ON FRIDAY NIGHTS Mr. Alfred Urciolo, who lives at 335 Third Street, appeared before Council to request that SPA (Students and Parents in Action) no longer be allowed to use the Highlander Hut for Friday night Teen Dances. The petition was signed by eleven people who live at seven different residences, and cited disturbing the peace with loud music until after midnight, swearing, fireworks exploding and littering as reasons for making the request. Mrs. Darwin (Janice) Rupp, who lives at 274 Cedar Street and is one of the petitioners, stated that she would not mind SPA's use of the Highlander Hut if some consideration was shown for those who live in the area. She stated that empty bottles and other junk had been thrown into her yard, that she had witnessed careless driving on Cedar Street, someone had driven in her yard, and that parking was a problem with students blocking driveways. Mrs. Rupp further stated that if a solution could be reached concerning these matters, and that if it could be quieter after 11:00 p.m., then she would have no objection to SPA's use of the Highlander Hut. Council Member Huff stated that he had personally driven around the area on two different nights when the dances were going on, and that he could not hear the music from either Carroll Street or the western side of Sparkling Water Lake. Winnie Kirkland, President of SPA, appeared before Council and stated that the dances have been very well attended, averaging 150 students per night. She further stated that at the first dance the speakers were pointed toward the residential area. However, since then, they have been placed so they face the lake. She assured Council that no music is played after mid- night, and after the dance is over the building and grounds are cleaned. Mrs. Kirkland agreed that there was a parking problem, and stated that they have been directing students to park north of the Highlander Hut. Mayor Pool and Council Member Turville both explained that they had grown up attending dances at the Highlander Hut, and that the building had been given to the City for use by the youth of Clermont. Charlotte Brown and Jeff Hoskins, students at Clermont High School, both spoke in support of the dances. ....:....... e e REGULAR COUNCIL MEETING February 10, 1987 Page -4- After much discussion, it was the consensus of Council that the dances should be allowed to continue at the Highlander Hut. It was agreed that members of SPA and the City would work together to resolve the problems mentioned by Mr. Urciolo and Mrs. Rupp. It was agreed that an announcement would be made during a SPA meeting asking students to park north of the Highlander Hut. The Police Department will patrol the area more frequently during the dances in order to help prevent careless driving, littering and parking in non-designated areas. NEW BUSINESS INTRODUCTION OF ORDINANCE l82-M City Manager Saunders explained that Ordinance l82-M would amend the City Comprehensive Plan and Future Land Use District Map. Proposed Amendment 11 has been requested by Holland and Associates who hold a contract on the property surrounding Lake Charles. They are planning to construct a sixty bed nursing home and 200 congregate care units on one side of Lake Charles and a professional office building and a retail building on the other side of the lake. Proposed Amendments H2 and 3 are Staff recommendations. Proposed Amendment H2 was recommended for approval by the Planning and Zoning Commission during the last revision of the Comprehensive Plan, but was not approved by Council. Council is being asked to reconsider its decision. Proposed Amendment H3 corrects a compila- tion error in the plan, whereby retail trade was inadvertently left out of the permitted land uses when the plan was written. Mayor Pool called for comments from those present in the audience, and Mrs. McCaffrey spoke in favor of proposed Amendment H2. No one else spoke for or against the proposed changes. A representative of Holland and Associates was present to answer any questions. A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE l82-M. 87-036 RESOLUTION H544 City Manager Saunders explained that the County has been issuing permits and conducting inspections for all building construction in the City for approximately 3 years. The original agreement with the County was made following Council approval, but no resolution authorizing this agreement was ever given to the County. The County has requested that such a a resolution be adopted. The County has also requested authorization to enforce the licensing requirements for all building contractors within the corporate city limits of Clermont. The County has a full-time staff person assigned solely to the enforcement of licensing requirements for all building contractors. 87-037 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION 1544 AUTHORIZING THE CONTINUANCE OF BUILDING PERMITTING AND INSPECTION BY LAKE COUNTY AND THE ENFORCEMENT OF LICENSING RE UIREMENTS FOR BUILDING CONTRACTORS WITHIN THE CORPORATE CITY LIMITS OF LE ONT. THE RE OL TION AS READ BY TITLE ONL . e e REGULAR COUNCIL MEETING February 10, 1987 Page -5- INTRODUCTION OF ORDINANCE 249-C City Manager Saunders explained that Ordinance 249-C would update the City's current Building Ordinance to the most current codes, as listed on page one of the ordinance, and that no other changes had been made to the ordinance. City Attorney Baird questioned if the dates listed for the codes were the most current. City Manager Saunders stated that the information listed had been provided by the County. Many of the codes were amended in 1986, but new editions are printed only every three or four years. 87-038 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE 249-C. SEWAGE TREATMENT PLANT CHANGE ORDER H2 The City Manager reported that Change Order Request 12 for the Treatment Plant Project had been requested and approved by City Engineer Springstead. Detailed justification sheets were provided for each Council Member. The most significant change was due to an existing line not being located as shown on the as-builts for the existing treatment plant. The net change in contract price was an increase of $2,559. 87-039 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT CONTRACT CHANGE ORDER 12 DATED FEBRUARY 4, 1987 IN THE AMOUNT OF $2,559 AS REQUESTED AND APPROVED BY CITY ENGINEER SPRINGSTEAD. There being no further business or discussion, the meeting adjourned at 9:40 p.m. ~~ R6 ert A. 001, Mayor Attest: