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05-24-1994 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 24, 1994 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 24, 1994 in the Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Turville, Council Member Cole, Council Member Ivey, and Council Member Norquist. Other City officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Ivey followed by the repeating of The Pledge of Allegiance to the Flag by all present. The minutes of the Regular Council Meeting held May 10, 1994 and Workshop Meetings held April 19, April 28, and May 5, 1994 were approved as presented. CITY MANAGER SAUNDERS' REPORT Orange Blossom Breakfast June 7 City Manager Saunders urged everyone to attend the Orange Blossom Breakfast on June 7 at Jenkins Auditorium. He stated that Orlando Mayor Glenda Hood will be the featured speaker. JayCee Beach Parking Fee City Manager Saunders stated that starting Saturday, May 28 a parking fee of $2 will be charged for vehicles without a Jaycee Beach parking pass. Signs and pay booths will be in place by Saturday and a display ad has been placed in the local newspaper and on the water bill regarding free parking passes to Clermont residents. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 24, 1994 PAGE 2 Special Council Meeting/Workshop Council Members agreed to hold a Special Council Meeting and adjourn to a Workshop Meeting on Tuesday, May 31 at 7:00 p.m. at the City Hall conference room. An item for the agenda of the Special Meeting will be the Interlocal Agreement with Lake County regarding the 2¢ local option gas tax that is on tonight's agenda and should be tabled until the May 31 Special Meeting. COUNCIL MEMBER NORQUIST'S REPORT Council Member Norquist asked City Manager Saunders to look into drawing down Center Lake into the retention area. No objections were made to this. Council Member Turville asked that permits for doing this be investigated. VISITORS WITH BUSINESS Georgette Miller City Manager Saunders stated that Mrs. Miller is requesting a waiver of fees for the use of Jenkins Auditorium for a Summer Drama Day Camp planned for the week of June 13-17 from 9:00 a.m. to 4:00 p.m. each day. She has been using the old High School Auditorium but it is unavailable this year due to the renovations being made. Mrs. Miller's program is similar to programs such as the One-on-One Baseball School in that they pay rent for the use of the City's ball fields and will charge fees to each participant. These fees are not shared with the City. Mrs. Miller has approximately 20 students and Jenkins is the only adequate facility for a drama production in the area. Council Member Ivey asked if the program could be done through the Arts Council and if it is a community service. City Manager Saunders will investigate. 94-068 A motion was made by Council Member Turville, seconded by Council Member Ivey., and carried unanimously by to table this request until the May. 31, 1994 meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 24, 1994 PAGE 3 Fred Sommer, CFT Sports Fred Sommer of CFT Sports stated that the County has requested certain road closures/restrictions for the June 5 Triathlon, as follows: Closures: Lake Minneola Dr. from 2nd St. to 4th St., 6:00 a.m. to 3:00 p.m. Public Boat Ramp, Jaycee Beach. 7:00 a.m. to 9:00 a.m. Grand Highway from Pitt St. to Mohawk Rd., 7:30 a.m. to 11:00 a.m. Mohawk Rd. from Grand Hwy. to Old S.R. 50, 7:30 a.m. to 11:00 a.m. Restricted: Lake Minneola Dr. from Washington St. in Minneola south to 8th St. 8th St. from Lake Minneola to Minneola Ave. Minneola Ave. from 8th St. west to 12th St. CR 561-A north around Lake Minneola to Lake Shore Dr. in Minneola. North Lake Shore Dr. in Minneola from CR 561-A to Washington St. Lake Shore Drive from 12th Street to Log House Road. Mr. Sommer stated that only through traffic will be affected; access will be available to residents along the course at all times. The restricted streets will have the inner- most lane dosed and one-way traffic will be permitted in the outer-most lane, as have taken place in past triathlons. They will notify residents of these restrictions by placing ads in the local newspapers, individual letters to churches along the course, and by posting signs along the course 3-4 days prior to the event. Council Member Ivey advised that he would abstain from voting because his church is on one of the streets noted for closure. Council Member Ivey asked Mr. Sommers how people could attend church with the proposed street closures. Mr. Sommers 'stated that he will send letters to both churches asking members to come via Highway 27 instead of Highway 50. He stated that the proposed closures/restrictions are the same as in the past and access will be obtainable to both residents and church patrons. Mr. Ivey stated that people living on Grand Hwy. are opposed to the street closing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 24, 1994 PAGE 4 94-069 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously with Council Member Ivey. abstaining to grant the proposed road closures and restrictions with the option of leaving streets open if feasible. Dennis Horton, Resolution//819 City Manager Saunders stated that Mr. Horton is requesting a Conditional Use Permit which will amend an existing Conditional Use Permit for 900 W. Highway 50, Colony Square 1 to allow personal service uses in addition to professional offices. Mayor Pool read Resolution No. 819 by title only and stated that a Conditional Use Permit request requires a Quasi-Judicial hearing, and that anyone wishing to speak in favor of or opposition to the request should be sworn in. Dennis Horton, 11223 Elderberry Ct., Clermont was sworn in by City Clerk Van Zile. Mayor Pool opened the Public Hearing. Dennis Horton explained that he would like to expand the use of the building by adding personal service uses. Mayor Pool closed the Public Hearing. City Manager Saunders stated that Planning and Zonirig Commission and staff recommend approval of the Conditional Use Permit. 94-070 A motion was made by Council Member Ivey, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution 819. Thompson/Homan, Resolution//820 City Manager Saunders stated that this is a request for a Conditional Use Permit to convert an existing single-family home to a professional office on Lot 7, Lakeview Hts. Subdivision which is located on the northwest corner of Grand Highway and Almond Street. Also requested is a variance to allow mulch parking. Mayor Pool read Resolution 820 by title only and stated the request requires a Quasi- Judicial hearing and that anyone wishing to speak in favor of or opposition to the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 24, 1994 PAGE 5 request should be sworn in. Greg Homan, 20570 Sugar Loaf Mt. Rd., Clermont, Florida was sworn in by City Clerk Van Zile. Mayor Pool opened the Public Heating. Mr. Homan stated that the property was recently rezoned to R-3-A which allows for professional offices. The variance request for mulch parking is made because it is the intention to move the building within the next few years and build a two or three story office building which would require a different parking scheme. He also was concerned that pavement would kill the oak trees located on the lot. Mayor Pool dosed the Public Heating. City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval of Resolution No. 820 with the conditions as listed, however, staff recommends denial of the variance request to use mulch parking. 94-071 After considerable discussion, a motion was made by Council Member Cole, seconded by Council Member Turville, and carried unanimously by roll call vote to adopt Resolution 820 with an additional condition that mulch parking shall be allowed subject to an annual review of the City Council, who may require paved parking if mulch parking is not su._fficient. Stanley Diment, Resolution//821 City Manager Saunders stated that the request for Conditional Use Permit is to construct and operate a veterinary clinic on Lot 45, Edgewood Lake Subdivision (C-2 General Commercial Distric0 located on the corner of Grand Highway and Highway 27. The lot has Highway 27 frontage on the east side of Highway 27 just north of the Grand Highway .intersection, but access will be from the frontage road. Mayor Pool read Resolution No. 821 by title only and stated that the request requires a Quasi-Judicial hearing and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Greg Homan, 20570 Sugar Loaf Mt. Road, Clermont. Mayor Pool opened the Public Hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 24, 1994 PAGE 6 Greg Homan stated the intention is to construct a veterinary clinic primarily for dogs and cats. Council Member Ivey inquired whether there will be a kennel operation at the location. Mr. Homan stated that any animals will be kept inside and there will be no outside kennels. Mayor Pool closed the Public Heating. City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval with conditions as stated in Resolution//821. 94-072 A motion was made by Council Member Turville, seconded by Council Member Ivey. and carried unanimously by roll call vote to adopt Resolution 821. UNFINISHED BUSINESS Marian LaPlace, Final Reading of Ordinance 267-M City Manager Saunders stated the ordinance will annex approximately .22 acres into the City of Clermont located on the east side of Grand Highway south of Pitt Street. Mayor Pool read Ordinance 267-M by title only. He stated the annexation request requires a Quasi-Judicial hearing be held and asked that anyone wishing to speak in favor of or in opposition to the request be sworn in, however, no one asked to be sworn in and the Public Hearing was closed. 94-073 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Ordinance 267-M. Marian LaPlace, Final Reading of Ordinance 268-M City Manager Saunders stated that Ordinance 268-M will rezone the .22 acres annexed in Ordinance 267-M located on the east side of Grand Highway south of Pitt Street from R-R Rural Residential to R-1 Urban Residential. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 24, 1994 PAGE 7 Mayor Pool read Ordinance 268-M by title only. He stated that the request requires a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or opposition to the request be sworn in, however, no one asked to be sworn in and the Public Heating was closed. 94-074 A motion was made by Council Member Turville, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance 268-M. NEW BUSINESS Interlocal Agreement City Manager Saunders explained that Lake County will reimpose the 2C local option gas tax that was scheduled to expire August 31. If the cities do not enter into an intedocal agreement with the County, the distribution to the cities will be based on the past five years road improvements made by each city. Alternate distribution methods such as population or miles of streets are being discussed and if a majority of cities agree with another method, the County will include it in the new intedocal agreement. 94-075 A motion was made by Council Member Ivey_, seconded by Council Member Cole, and carried unanimously to table the Interlocal Agreement to the Special Meeting to be held May_ 31. Introduction of Ordinance 269-M City Manager Saunders stated the Ordinance would vacate a portion of 7th Street lying south of the intersection of 7th Street and Linden Street and extending south to the shore of Lake Winona. Mayor Pool read Ordinance 269-M by title only. 94-076 A motion was made by Council Member Norquist and seconded by Council Member Cole to introduce Ordinance 269-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 24, 1994 PAGE 8 There being no further business or discussion, the meeting adjourned at 8:54 p.m. Robert A. Pool, Mayor Attest: O~E' Van ~y Clerk FORM 8B MEM RANDU'M' OF VOTIN . iiCONFLICT FOR' COUNTY, MUNICII:II , AND OTHER LOCA 'PUBLIC OFFICERS. LAST NAME--FIRST NAME--MIDDLE NAME CITY COUNTY DATE ON WHICH VOTE OCCURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITFEE THE BOARD, COUNCIL, COMMISSIOn, AUTHO[IT~, O~ CO~I~[[ ON :,/CITY] [ ~ COUNTY [ '. ~HER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: · MY POSITION IS: APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not reqUired by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES I~ECTED OFFICERS: A person holding elective county~ municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for the minutes of the meeting, who will incorporate the 'form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. {'1 I¢~H\l ~B lO-R6 PAGE IF y. OU MAKE NO ATTEMPT TO iNFLuENC'E.T~ DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You"should disclose orally the nature 'of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who Should incorporate the form in the minUtes. DISCLOSURE OF STATE OFFICER'S INTEREST 1,' FdO~d~J P ~'-~/~y , hereby disclose that on /~/~) / '(a) A measure came or will come before 'my agency which (check one) __ inured to my special private gain; t.-'" inured to the special gain of ~ ~. whom 1 am'~etained. (b) The measure before my agency and the nature of my interest in the measure is as follows: T/tR 4 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE. TO MAKE ANY REQUIRE]~ - DIscLosuRE CoNsTITUTES GROUNDS .FOR ANI~ MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN~ IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE 2