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06-27-1989 Regular Meeting ~> . e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 27, 1989 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, June 27, 1989 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tern Turville, Council Member Dupee, and Council Member. Excused absence: Council Member Cole. 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 given by Nilsa Whitehead followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the meeting held June 13, 1989 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT WORKSHOP City Manager Saunders stated that if there were no Council objections, he would like to hold a Workshop on July 6, 1989, as early as was convenient, to begin discussing the FY 1989-90 Budget. It was the consensus of Council to hold the Workshop on that date beginning at 5:30 p.m. LETTER OF CREDIT AUTHORIZATION City Manager Saunders stated that wished to obtain Council authorization to request proposals from local banks for a line of credit for the proposed proj ects the City plans to undertake in the near future, including the Twelfth Street Park, City Garage, Police Station and City Hall. 89-08~ MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO GRANT CITY MANAGER SAUNDERS AUTHORIZATION TO REQUEST PROPOSALS FOR A LINE OF CREDIT THROUGH LOCAL BANKS. COUNCIL MEMBER DUPEE'S REPORT LAKE COUNTY LEAGUE OF CITIES It was reported that Mrs. Dupee had distributed copies of the City of Clermont's Interlocal Agreement with the County concerning the burn plant to the representatives of the various cities present at the last meeting of the Lake County League of Cities. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 27, 1989 Page -2- COUNCIL MEMBER NORQUIST'S REPORT DUCK COMPLAINTS Council Member Norquist reported that he had received numerous complaints concerning the nuisance being created by the increased population of Muscovy Ducks at Center Lake, and asked what consideration had been given to do something about this situation. He continued by stating that he had been contacted by Sterling Frye, who was willing to help relocate them to webster and would give the City a pair of nonaggressive swans for the lake. It was the consensus of Council that this matter would be discussed at a future workshop because the ducks were definitely posing a problem to the lake and the citizens using the Fitness Trail surrounding the lake. STORMWATER UTILITY TAX Council Member Norquist stated that he had been reading of other cities adopting stormwater utility taxes and thought that this would be a good item for the City of Clermont to consider. City Manager Saunders stated that discussion of this subject was planned for an upcoming workshop. COUNCIL MEMBER TORVILLE'S REPORT PROBLEM INTERSECTIONS It was reported that an accident had occurred at the intersection of Second Street and Minnehaha Avenue and that a "Yield" sign instead of a f1Stop" sign was at that corner. Council Member Turville then questioned why the "Yieldfl sign was there, and asked City Manager Saunders to check out the City's position on the placement of "Yieldll signs. Along the same line, Council Member Norquist asked that the intersection of Bowman Street and Lakeshore Drive be checked because of the overgrown bushes obs tructing the view. The intersection of East Avenue and Seminole Street was also mentioned as being hazardous for the same reason. City Manager Saunders stated that he would investigate all of these problem areas. MAYOR POOL'S REPORT SUPREME COURT DECISION CONCERNING FLAG BURNING Mayor Pool stated that he opposed the Supreme Court's recent e' . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 27, 1989 Page -3- decision concerning freedom of speech and allowing the burning of the American flag, and asked Council support for President Bush's plan to ask for a Constitutional Amendment forbidding burning of the flag. After a brief discussion of the request, it was decided to discuss this issue at the July 6, 1989 workshop. LAKE COUNTY'S REQUEST TO TAKE OVER THE CITY'S FIRE DEPARTMENT Mayor Pool read a letter from Lake County Fire Chief Sowers asking Council consideration of the request by the County to turn over the City Fire Department to the County for inclusion in the Countywide System. It was decided that this item will also be discussed at the July 6, 1989 workshop. VISITORS WITH BUSINESS PAUL LEWIS - LABOR DAY CELEBRATION Gabby Monroe, filling in for Paul Lewis of the Chamber of Commerce who could not attend, stated that he was present to request the Council's permission to allow games of chance to operate at the this year's Labor Day Celebration. Last year games of chance were not allowed to operate during the festivities. Mr. Monroe stated that he contacted the cities of Zellwood and St. Cloud and they had experienced no problems with the amusement company's games. When asked the price of the games of chance, Mr. Monroe stated that he did not know the exact price, but that the Chamber would be conducting af fordable games for everyone to enj oy. 89-090After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO ALLOW GAMES OF CHANCE DURING THE LABOR DAY CELEBRATION. It was the consensus of Council to evaluate the event to see if games of chance will be allowed at next year's festivities. City Manager Saunders asked the Council if they again wished to sponsor the fireworks for the Labor Day Celebration. It was the consensus of Council to have City Manager Saunders find out the cost and bring this matter back before Council at the next meeting. SOUTH LAKE COUNCIL FOR THE ARTS REQUEST FOR FUNDING OF PROPOSED THEATRICAL PROJECT City Manager Saunders explained that Nick Jones could not be ~_. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 27, 1989 Page -4- present to make the request, but that the South Lake Council for the Arts was asking for free use of Jenkins Auditorium for rehearsals and the staging of a play Gail Yemington would be producing. Rehearsals would be held on July 21st through the 31st with performances on August 4, 5, and 6th. It is understood that if another organization wishes to use the Auditorium on one of the rehearsal nights, the players will relinquish it to them. 89-09lAfter a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ALLOW THE SOUTH LAKE COUNCIL OF THE ARTS USE OF JENKINS AUDITORIUM AT NO COST ON JULY 21 THROUGH THE 31ST AND AUGUST 4, 5, AND 6TH. LEE WOODDALL - REQUEST FOR A VARIANCE FROM COMMERCIAL LOADING ZONE REQUIREMENT FOR PROPOSED CLERMONT PLAZA SHOPPING CENTER It was explained that for each 10,000 square feet of floor area in the shopping center, the zoning ordinance requires loading area of 10' x 50'. A variance to this requirement is being requested because in some areas of the shopping center the loading area cannot meet this configuration. Steve Helle, Engineer for the proposed shopping center, appeared before Council and presented a new site plan showing the loading areas for the shopping center. Mr. Helle, stated that for the larger businesses the loading area was kept at the required size of 10' x 50', however, several smaller businesses had loading areas of 10' x 20' and 10' x 30'. The total required area would be provided, but not in the required 10' x 50' sizes. When questioned concerning the request, Ci ty Manager Saunders stated that he could see no problem with the proposed configuration. In viewing the new site plan, City Manager Saunders questioned the absence of the proposed DeSoto Street ingress/egress access on the plan. Mr. Helle explained that the proposed access onto DeSoto Street would be indicated on the plan at the time DeSoto Street was built, and that a CUP amendment would be requested at the time of the site plan review for the water retention and DeSoto Street access. It was recommended to Council that a condition be placed on the variance request requiring that the DeSoto Street access be shown on the site plan. Mayor Pool called for comments from those present and no one spoke in favor of or opposition to the request. e I, ' , e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 27, 1989 Page -5- 89-092After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE REQUEST ALLOWING A TOTAL OF 3,763 SQUARE FEET OF LOADING AREA WHERE AT LEAST ONE SPACE OF AT LEAST 10' X SO' OF FLOOR AREA PER BUSINESS IS REQUIRED. NOT ALL BUSINESSES WILL HAVE THE 10' X 50' CONFIGURATION, BUT THE TOTAL REQUIRED SQUARE FOOTAGE OF LOADING AREA WILL BE MET. THIS VARIANCE WILL BE GRANTED CONTINGENT UPON PLACEMENT OF THE PROPOSED DESOTO STREET ACCESSWAY ON THE SITE PLAN. UNFINISHED BUSINESS FINAL READING OF ORDINANCE 260-C It was explained that this ordinance would add same new sections, clarify others and in general clean up the language of the Zoning Ordinance. Mr. Saunders continued by stating that same of the changes include a new def inition for temporary structures, the deletion of the topographic map requirement for 7% slope, the buffer requirement when multi-family abuts single family, an increased lot coverage in the R-3 Zone to 30%, and the addition of restaurants as a Conditional Use in the C-1 zone. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the proposed changes. 89-093After the explanation, A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 260-C AMENDING THE ZONING REGULATIONS OF THE CITY. NEW BUSINESS CONTRACT FOR SERVICE - EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL City Manager Saunders explained that last year the City had entered into a contractual agreement with the Regional Planning Council to assemble and develOp certain sections of the Comprehensive Plan in order to meet the 1991 submittal date under the revised Growth Management Act. Mr. Saunders continued by stating that the City will receive from the State $13,200, which the City is proposing to use to contract with the ECFRPC to assemble and analyze additional data for the Comprehensive Plan and includes work on the Housing Element, the Conservation Element, and the Sanitary Sewer, Drainage, Potable Water and Natural Groundwater Recharge Element. Work on these elements is a time consuming project which could not be completed e e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 27, 1989 Page -6- in-house with the time constraints placed on developing the complete Comprehensive Plan. 89-094Council Member Dupee commented that the City has requested services from the ECFRPC, and then A MOTION WAS MADE BY COUNCIL MEMBER ,DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE SERVICE AGREEMENT WITH THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL IN THE AMOUNT OF $13,200 TO HELP WITH THE WRITING OF THE ELEMENTS OF THE CITY OF CLERMONT COMPREHENSIVE PLAN AS LISTED ABOVE. RESOLUTION NO. 619 It was explained that this Resolution, which was recently adopted by the cities of Mount Dora and Umatilla, proposes revisions to the State's Sunshine Law which would extend the law to the actions of the State Legislature who currently enjoy an exemption from its provisions. 89-095A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 619 PROPOSING REVISIONS TO THE SUNSHINE LAW TO INCLUDE THE STATE LEGISLATURE. PUBLIC COMMENTS Nilsa Whitehead inquired as to the status of the City's Tree Ordinance. City Manager Saunders stated that the fourth draft of the ordinance had just been completed and it would be placed on the agenda of the next Council Meeting. There being no further business or discussion, the meeting adjourned at 8:30 p.m. Attest: ?j)/i~':j/~e. City Clerk