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06-13-1989 Regular Meeting e .' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, June 13, 1989 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 Tern Turville, Council Member Norquist, Council Member Dupee and Council Member Cole. Other City Off icials present were City Manager Saunders, Ci ty Attorney Baird, Finance Director Van Zile, Planning Director McAllister, and Deputy City Clerk Brandt. INVOCATION The Invocation was of fered by Nil sa Whi tehead followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held May 23, 1989 were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT LANDSCAPE ARCHITECT PROPOSAL COMMITTEE City Manager Saunders stated that he would like to have a committee consisting of City Engineer springstead, Planning Director McAllister, one member of the Council and himself to screen the proposals for the Twelfth Street Park landscaping, and asked for a volunteer from the Council. After some discussion, it was decided that Mayor Pro Tern Turville would serve on the committee, with Council Member Norquist as the alternate. COUNCIL MEMBER DUPEE. S REPORT Council Member Dupee commended Police Officer Ray Simmons for his professional handling of a robbery suspect which involved a chase into Orange County. LEE WOODDALL - TURNER AND ASSOCIATES, RESOLUTION #618, REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 75,257 SQUARE FOOT SHOPPING CENTER Mr. Thomas Calcotte, representing Turner and Associates the developers for the shopping center, appeared before Council to discuss the conditions as recommended by the Planning and Zoning commission and listed in Resolution #618. First, Mr. Calcotte e' e' CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 Page -2- thanked the Council and City Staff for the expeditious manner in which the review of their request had taken place, and stated that he would like to discuss and clear up some language problems they had with certain conditions contained in the Resolution. A site plan showing Phases I and II of the development was displayed for those present to view. Copies were given to the Council Members prior to the meeting for review. In discussing the conditions, Mr. Calcotte stated that he would like to go through the 18 listed conditions one by one, and begin the discussion with Item #1. . ITEM #1 Mr. Calcotte stated that there was no problem with this item as stated. ITEM #2 Mr. Calcotte asked that Item #2 concerning future inadequate parking be stricken from the Resolution because the shopping center would be constructed with required parking and there would be no future need for additional parking spaces. City Manager Saunders stated that he had spoken with City Attorney Baird, and that this was a standard condition of all Conditional Use Permits which applied more to smaller projects. He stated that there would be no problem with deleting this item. It was the consensus of Council to allow this requested change. ITEMS #3 AND #4 Mr. Calcotte stated that there were no problems with these items as stated. ITEM #5 Mr. Calcotte stated that he problem with the wording in item #5 which stated liThe property may be used for a shopping center only. No other business operation may be conducted from this facility". He further stated that he would like the wording changed to reflect that business associated with a shopping center may be located there, a suggested the following: II The property may be used for a shopping center with uses associated with a shopping center and other permitted uses in a C-2 zone". After a brief discussion, it was agreed that Item #5 would be changed to reflect Mr. Calcotte's suggested wording. e' e' CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 Page -3- ITEMS #6 AND #7 Mr. Calcotte stated that there were no problems with Items 6 and 7 as stated. ITEM #8 Item #8 was omitted in the numbering of the Resolution, and this will be corrected when the revised Resolution is renumbered. ITEMS #9 AND #10 At the suggestion of Council Member Turville, discussion of Items #9. and #10 was deferred until after the other conditions were discussed. ITEM #11 This condition deals with the size of the loading area required for each 10,000 square feet of floor area. The ordinance requires a 10' x 50' space for each 10,000 square feet. Mr. Colcotte stated that he wanted clarification of the requirement because in some areas of the shopping center the loading area would have the same square footage but a different configuration than the 10' x 50' size or that the total required square footage of loading area would be met but not in 10' x 50' sizes. Mr. Colcotte then pointed out some of the problem areas on the site plan presented. City Manager Saunders stated that this item would have to be addressed in a variance request and the City would need a site plan showing the loading zones with different configurations. This item cannot be addressed at this time because the applicant has not applied for the variance. Mr. Saunders continued by stating that this item would be deleted at this time and the requirement for the loading area worked out at a later date. Mr. Colcotte agreed to this. ITEM #12 This item deals with the placement of a sidewalk along the north side of Highland Avenue as part of Phase I construction and the construction of a sidewalk on DeSoto Street at the time DeSoto Street is constructed. Mr. Colcotte stated that he needed clarification as to when the sidewalk was to be completed. e - CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 PAGE -4- After a brief discussion, it was decided to address this item with Items #9 and #10. ITEMS #13 AND #14 Mr. Colcotte agreed with the wording of these items. ITEM #15 Under discussion of this item,' Mr. Colcotte stated that all the needed improvements on Highway 27 would be constructed according to Florida DOT specifications. He also stated that he could not agree with abandoning the median cut on Highway 27 after the construction of DeSoto Street (the last sentence in the condition) because prospective tenants of the shopping center want the median cut to remain, and will not locate in the shopping center if it is abandoned. After a brief discussion, it was agreed by Council to strike the last sentence from Item #15. Mr. Colcotte agreed with this. ITEMS #16, #17 AND #18 Mr. Colcotte agreed with the wording of these items. Discussion then went back to Items #9, #10 and 12, not previously discussed. ITEM #10 This item concerns the placement of fence and landscaping on the property according to the City's landscaping ordinance requirements. Mr. Colcotte stated that on the western boundary of the property, they would like to place the fence on the property line, instead of five feet back as required under the ordinance. Mr. Colcotte stated that the slope of the property made this requirement difficult, as well as not wanting to create an "alleyway" between the fenced properties which would create an area difficult to maintain and cause liability problems. He also stated that he did not want to construct a fence along Highland Avenue, but that they would plant the area with appropriate plantings to act as a buffer. Much discussion ensued concerning this request, and the developer agreed that the fence will be placed in compliance with the landscape ordinance except in the area of the southeast corner of the adj oining Odom property. No fence will be required along Highland Avenue at this time, but if the required buffering is not provided or maintained, the City may require a fence at a later date. e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 PAGE -5- ITEMS #9 AND #12 These items concerning the constructing of DeSoto Street and the sidewalk along DeSoto Street and were discussed simultaneously. Mr. Colcotte stated that they would be willing to pay for one-third of the cost of opening DeSoto Street at the completion of Phase II, and that they wished to review the bids for the work. City Manager Saunders reiterated the City's position that the developer should pay one-third of the costs for opening the street along with the development of Phase I. City Attorney Baird stated that the City has the right to levy mandatory street assessments and that the City could address the matter at the completion of Phase I of the project or leave the matter open at this time and delete the condition from the Resolution and not bind itself to a time certain at this point. Much discussion ensued and another option of requiring the opening of the street when the property to the north developed was suggested. After much discussion, it was the consensus of Council to delete Item #9 concerning the Developer Agreement for construction of DeSoto Street and address the opening under an assessment project at the appropriate time. Under discussion of the sidewalk requirement, it was the consensus of the Council and Developer to leave this item as written. Mayor Pool then called for comments from those present and Cecil Smart and Nil sa Whitehead expressed their concerns about the traffic that would be generated on Highway 27 with development of the shopping center. Martin wright stated that he wished to request that the whole matter be tabled because Mr. Odom, the adjoining property owner, could not be present and wished to express his concerns regarding the fence that would be separating the two properties. It was the consensus of Council that this matter had already been adequately addressed and there was no need to table the request. 89-082 There being no further comments or discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AMD UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #618 AS DISCUSSED AND AMENDED ABOVE. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 Page -6- DUANE NOON - REQUEST FOR THIRTEEN DAY TENT DISPLAY FOR SELLING OF FIREWORKS AT 809 WEST HIGHWAY 50 Mr. Noon and Mr. Harry Oshman, owner of Gator Fireworks, appeared before Council to request permission to sell fireworks under a tent for thirteen days at 809 West Highway 50. It was explained that the City's policy regarding tents allows for a maximum of three days. Administratively, the City Manager can issue an open air sales permit for up to thirty days. 89-083 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER NORQUIST VOTING NAY, TO DENY THE THIRTEEN DAY TENT DISPLAY REQUEST. At.this point in the meeting, 9:15 p.m., the Council took a ten minute recess and reconvened at 9:25 p.m. At this time, Finance Director Van Zile was excused fram the meeting. FINAL READING OF ORDINANCE 204-M City Manager Saunders explained that this ordinance would rezone Block 137, Lots, 4, 5, 6, 7, 8, and 9 and the north half of the closed Highland Avenue right-of-way from R-1-A to R-3-A. The property is located north of the proposed Twelfth Street Park. The property to the north is presently zoned R-3 and the property to the east is zoned R-2. The R-3-A designation would allow medium densi ty development up to eight units per acre and would allow professional offices under a Conditional Use Permit. Mayor Pool called for comments from those present and no one spoke in favor of or opposition to the request. 89-084 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 204-M REZONING THE PROPERTY AS STATED. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 206-M It was explained that this ordinance would grant a commercial garbage collection franchise to Town and Country Refuse, Inc. The initial request was to transfer the existing franchise from Commercial Refuse, Inc. to Town and Country, however, both companies wish to operate in the City with one handling the dumpster-type containers and the other the rolloff containers used in the construction trade. ... .,. .. e' 'e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 Page -7- Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the requested franchise. 89-085 A MOTION WAS MADE BY COUNCIL MEMBER NORQUIST, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ADOPT ORDINANCE 206-M GRANTING A GARBAGE COLLECTION FRANCHISE TO TOWN AND COUNTRY REFUSE, INC. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL READING OF ORDINANCE 201-M It was explained that this ordinance would amend Clermont Comprehensive Plan and Future Land Use Map. McAllister then commented on the following changes: the Ci ty of City Planner Item #1 changes Clermont Heights Lots 275 and 276 from NED-4 to EBD-2. This is the vacant property north of Almond Street adjacent to, ,Mr. Langley's office. This reclassification is proposed in order to complete the land use pattern developing in the area. The intent is to create a buffer from the commercial area to the south and the residential area to the north. ' The property is presently zoned R-2 and currently there are no proposed rezones of the property. Item #2 will add as permitted uses to the UD-3 area located north of Pitt St,reet tourist accommodations, professional offices and health care facilities. We feel that this area between Bloxam Avenue and, Highway 27 should be allowed to develop in this manner. The district currently permits single and multi-family attached and retail business north of Hunt Street for property with access to Highway 27. Mr. McAllister explained that Item #3 was requested by South Lake Memorial Hospital and was for a change from UD-4 to UD-3 for the area located north of Grand Highway and west of the northerly extension ,of Bloxam Avenue to allow as permitted U$es professional offices and health care facilities. However, the hospital has withdrawn the request for this Change to the Comprehensive Plan and this item should be deleted from the ordinance upon adoption. Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the changes. 89-086 After a brief discussion of the ordinance, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 201-M AS AMENDED BY DELETING ITEM 13. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. e' e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 Page -8- NEW BUSINESS INTERLOCAL AGREEMENT WITH THE COUNTY GRANTING AUTHORITY TO LAKE COUNTY FOR ENFORCEMENT OF LICENSING REQUIREMENTS FOR BUILDING RELATED CONTRACTORS WITHIN THE CITY LIMITS It was explained by City Manager Saunders that the County had requested that the City enter into an interlocal agreement granting them authority for enforcement of the licensing requirements for building related contractors within the city limits. Approximately four.years ago the City adopted a resolution authorizing the County to handle licensing violations within the City, however the County Attorney has recommended a new interlocal agreement be executed. 89-087 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER NORQUIST AND UNANIMOUSLY CARRIED TO ADOPT THE INTERLOCAL AGREEMENT WITH LAKE COUNTY GRANTING THE COUNTY AUTHORITY FOR ENFORCEMENT OF LICENSING REQUIREMENTS FOR BUILDING RELATED CONTRACTORS WITHIN THE CITY LIMITS OF CLERMONT. INTERLOCAL AGREEMENT WITH LAKE COUNTY FOR SOLID WASTE DISPOSAL SERVICE City Manager Saunders explained that this interlocal agreement be tween the Ci ty and Lake Coun ty was for sol id was te di spo sal service and incorporated conditions to the standard agreement which, as discussed at a previous workshop, addressed problem areas as seen by the City and included language protecting the best interests of the citizens of Clermont. City Manager Saunders then read the changes. ' 89-088 After a brief discussion of the agreement, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE INTERLOCAL AGREEMENT WITH LAKE COUNTY FOR SOLID WASTE DISPOSAL SERVICE. COMMENTS Council Member Dupee asked the Council if they w0uld like her to take copies of the Interlocal Agreement concerning solid waste to the Board of Directors Meeting of the League of Cities on Friday to distribute among the cities. It was the consensus of Council that she do this. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JUNE 13, 1989 Page -9- There being no further adjourned at 9:55 p.m. business or discussion, the meeting &: /)/;:~>~ Robert A. Pool, Mayor ~ Attest: City Clerk