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10-24-1995 Regular Meeting CITY OF CLEP,~IONT ~NUTE$ REGULAR COUNCIL MEETING OCTOBER 24, 1995 A regular meeting of the City Council of the City of Clermont was held Tuesday, October 24, 1995 in the Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Mayor Pro Tem Norquist, Council Member Cole, Council Member Dupee, and Council Member Sargent. Other City officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker and Deputy City Clerk Whiflock. INVOCATION The Invocation was offered by City Manager Saunders followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held October 10, 1995, Special Meeting held October 3, 1995, and Workshop Meetings held September 20 and October 3, 1995. were approved as presented. CITY MANAGER SAUNDERS' REPORT Pension Board Meeting Council Members agreed to hold a quarterly Pension Board Meeting on Tuesday, November 14, 1995 at 7:00 p.m. in the Council Chambers at the Police Department. Kehler Building Paint Bid City Manager $aunders stated that the Clermont Recreation Club has requested that the Kehler Building be painted. Several quotes were received, with the lowest from Longshore Painting in the amount of $900. 95-197 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to award the quote from Longshore Painting in the amount of $900 to paint the Kehler Building. Council Workshop CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1995 Page 2 Council Members agreed to hold a Workshop Meeting on Wednesday, November 8, 1995 at 6:00 p.m. in the Council Chambers at the Police Department to meet with the Soccer Club to discuss other uses for the soccer field. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported that at the last League of Cities meeting she was appointed to represent the League as a non-voting member of the Industrial Development Committee. OLD BUSINESS Final Reading of Ordinance 288-M Mayor Pool read Ordinance 288-M by title only. City Manager Saunders stated that this ordinance will rezone property that is located on the north side of Highland Avenue west of and adjacent to Sands Apartments from R-3 to R-3-A. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Rick McCoy, 713 W. Montrose Street, Clermont was sworn in by Deputy City Clerk Whitlock. Mayor Pool opened the public hearing. Rick McCoy stated the rezoning will allow the construction of a new office for the Lake County Schools Credit Union. City Manager Saunders stated that other properties in the area have been zoned R-3-A for quite some time. Staff and the Planning and Zoning Commission recommend approval of Ordinance 288-M. Mayor Pool closed the Public Hearing. 95-198 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Ordinance 288-M. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1995 VISITORS ~VITH BUSINESS Donald Beal - Resolution//885 Page 3 Deputy City Clerk Whitlock swore in the following: Rick McCoy Don Beal Buck Crews Joe Holt Don Harris Marion Strand Nancy Hettinger Cai Hettinger Sandy Sailors Wayne Sailors Don Westbrook 713[ W. Montrose Street, Clermont, FL 123 Sunnyside Drive, Clermont, FL 278 East Avenue, Clermont, FL 101 3rd Street, Clermont, FL 612 E. Grand, Clermont, FL 199 Orange Avenue, Clermont, FL 149 Orange Avenue, Clermont, FL 149 Orange Avenue, Clermont, FL 144 Oak Street, Clermont, FL 144 Oak Street, Clermont, FL 164 Orange Avenue, Clermont, FL City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for the construction of a multi-family development which would consist of three 2-family units on Lots 18, 19, 23, and a portion of Lot 17, 10, and 11 in Sunset Heights located between 149 and 189 Orange Avenue. Mayor Pool stated that the request requires that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1995 Page 4 Mayor Pool opened the Public Hearing. Rick McCoy stated he was the project engineer. He explained that the conceptual plan was not an engineered plan. The request was for the approval of three duplexes on the property. He stated the request was compatible with the Comprehensive Plan and the adjacent uses. He stated that the project meets the requirements for the property and it should be approved. Marion Strand stated that she and her husband were opposed to the three duplexes being approved because it would not be compatible with the quaint neighborhood. She stated that Orange Avenue was not a wide street and it is congested quite often. She stated that duplex rentals do not upgrade a neighborhood and it will devalue the property values. She also stated that the runoff would be worse than it is with the paving that is being proposed. She presented a petition that 23 home owners in the neighborhood signed opposing the duplexes for the reasons she mentioned. Buck Crews stated that if the property is developed as proposed, the duplexes will be bordering many back yards. He stated that the traffic problem is already bad. He also reported that the closest fire hydrant to the property is on his corner. Wayne Sailors stated that the same kind of development was proposed five or ten years ago and the project was disapproved. He was opposed to the duplexes. He stated that Mr. Beal had suggested that if the neighbors support him in this project that he would use Oak Street instead of Orange Avenue for access. Nancy Hettinger stated that Mr. Beal's property borders their home. She is concerned with the water runoff which will be created with the significant amount of paving that is proposed. She is opposed to the project because of the amount of units and amount of concrete. Cai Hettinger stated the conceptual plan indicates there will be a duplex on the side and to the rear of their home, 7 1/2' from the property line which will destroy their privacy. He was concerned with the water retention because his property is lower than Mr. Beal's property. He stated many of the residents in the area have lived there more than 10 years and rental duplexes will not be compatible. He also expressed concern with the amount of traffic already on Orange Avenue. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1995 Page 5 Sandy Sailors referred to the letter of opposition she submitted. She also stated that the lot had only been mowed once this year and she was concerned with maintenance if the duplexes were allowed. Don Westbrook stated his home was across the street on the north side. He did not object to the apartments, but stated Orange Avenue is only 24' wide and the apartments will generate increased traffic, which is already a problem. He also stated that the potential runoff from the area will be a problem. He stated he was retired from 40 years with the State Road Department and he did not see a solution to handle the water runoff problem. Joe Holt stated his property is adjacent to Mr. Beal's property. He was concerned that his property will be devalued if the duplexes were allowed. The three duplexes are planned to be very close to the back yards of many of the residents. City Manager Saunders stated that a schematic of the property indicates a 25' frontage on Oak Street and 117' on Orange Avenue. The property is zoned R-2 which allows multi-family developments as a conditional use. The staff's reviewed the request in regard to the technical aspects and the request for multi-family development is allowed under the Comprehensive Plan and the Land Use Map as it is zoned R-2. Mr. Beal may be able to build two duplexes as a permitted use without a Conditional Use Permit. He stated that the Council may include additional conditions in a Conditional Use Permit which may control access or other conditions to make it more compatible for the area. The Council may also find a subjective issue such as compatibility in the neighborhood and deny the Conditional Use Permit. The staff recommendation to the · Planning and Zoning Commission and to the City Council is for approval with the conditions as set forth in Resolution//885, however, the Planning and Zoning Commission recommended denial with a five to two vote. Rick McCoy stated that the site plan has not been engineered yet and that it will be a challenge to incorporate a storm water retention area on the property with the three duplexes. Council Member Dupee gave a summary of the lot sizes in the area. She reported that in 1986 two triplexes proposed a few blocks away in a R-2 zone were denied CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1995 Page 6 because the Council found it was not consistent with the character of the neighborhood. Mayor Pool closed the Public Hearing. 95-199 A motion was made by Council Member Dupee to deny Resolution No. 885. This motion died for lack of a second. 95-200 A motion was made by Council Member Sargent and seconded by Council Member Norquist adopt Resolution No. 885 with the addition of Paragraph 14 stating there will be a 15' side yard setback adjacent to existing buildings to inCOrporate a 5' vegetative buffer. After discussion Council Member Norquist withdrew his second and the motion died. 95-201 After discussion, a motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 885 with the addition of Paragraph 14 stating there will be a 15' side yard setback adjacent to existing buildings to incorporate a 5' vegetative buffer and allowing one, two, or three of the buildings to be two-story without additional Council approval. Lake County Schools - Resolution//886 City Manager Saunders stated Lake County Schools Credit Union is requesting a Conditional Use Permit for the construction of a professional office in a R-3-A residential/professional area located on Highland Avenue directly west of the Sands Apartments. Mayor Pool read Resolution//886 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Rick McCoy, 713 W. Montrose Street, Clermont, Florida was sworn in by Deputy City Clerk Whitlock. Rick McCoy presented a new site plan where the building was rotated 90 degrees to front on Highland Avenue and stated they do not have any problem with the listed conditions. City Manager Saunders and Planning Director Harker reviewed the new site plan and stated that if there was a problem with the new plan, they reserve the right to bring it back to the Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1995 Page 7 Rick McCoy requested they not be required to extend Anderson Street past the entrance drive. City Manager Saunders stated the Conditional Use Permit requires that Anderson Street be constructed to the end of the property and he strongly recommended keeping the condition. City Manager Saunders stated that several other professional offices are located on Highland Avenue along with multi-family and single-family uses. The staff and the Planning and Zoning Commission have recommended approval with the conditions included in Resolution//886. Mayor Pool closed the Public Hearing. 95-202 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 886. Ken Norquist - Resolution #887 City Manager Saunders stated that Ken Norquist is requesting to amend an existing Conditional Use Permit to add a covered deck area adjacent to the existing depot building and a covered observation deck on Lake Minneola. He stated he is also requesting that the allowable uses of the property include retail sales which is a permitted use in the C-1 area in which this is located. Council Member Norquist stated he had a conflict of interest in this request and will abstain from voting. Mayor Pool read Resolution No. 887 by title only and stated that the request requires that a Quasi-Judicial heating be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Deputy City Clerk Whitlock swore in Rick McCoy, 713 W. Montrose, Clermont, Florida. Rick McCoy stated the plan was reviewed at last Wednesday's site review meeting and only the utility easement was an exception. City Manager Saunders stated the applicant meets all of the minimum requirements for the uses that are being requested and the staff and the Planning and Zoning Commission have recommended approval of the request. Mayor Pool closed the Public Hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 1995 Page 8 95-203' A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote with Council Member Norquist abstaining to adopt Resolution No. 887. NEW BUSINESS Introduction of Ordinance 289-M City Manager Saunders stated that Ordinance 289-M is for introduction only. It will be an amendment to our sewer rate schedule with an effective date of December 1. The public hearing and final adoption is scheduled for November 14. Mayor Pool read Ordinance 289-M by title only. 95-204 A motion was made by Council Member Cole and seconded by Council Member Sargent to introduce Ordinance 289-M. Agreement for Services - Michael & Michael City Manager $aunders state-d that the proposed agreement with Michael & Michael is for all of the landscape architectural design for Phase 1 of the Clermont Waterfront Park and totals $16,129.30. 95-205 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the agreement with Michael & Michael for landscape architectural design of Phase I of the Clermont Waterfront Park in the amount of $16,129.30. Agreement for Services - Strollo Architects City Manager Saunders stated the proposed contract for services for the architectural design, bidding, and construction phases for the Waterfront Park beach house, restroom and shower facilities, and pavilion area with $trollo Architects totals $15,700. Also included as an option is the conceptual design of the concession CITY OF CLERMONT MINU~S REGULAR COUNCIL MEETING OCTOBER 24, 1995 Page 9 building, the multi-purpose pavilion, and the Highlander Hut stage and pavilion area for a total of $4,100. 95-206 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the contract with Strollo Architects for the architectural design, bidding and construction phases for the Clermont Waterfront Park beach house, restroom and shower facilities, and pavilion area for $15,700 and conceptual design of the concession building, multi-purpose pavilion, and the Highlander Hut stage and pavilion for $4,100. Contract Award - Paying Agent/Registrar Services - Financial Printing Services City Manager Saunders stated that our financial consultant PFM has received bids for the Paying Agent/Registrar and Financial Printer Services for the bond anticipation notes that will be issued for the funding of our proposed utility improvements. City Manager Saunders recommended First Union National Bank to serve as Paying Agent and Registrar based on their experience and low bid of $450 annual administrative fee plus expenses. Allied Printing, who submitted the lowest bid in the amount of $3,213 for printing the preliminary official statement and the official statement for the debt is also recommended. 95-207 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to approve First Union National Bank as the Paying Agent and Registrar in the amount of $450 annual administrative fee plus expenses, and approve Allied Printing in the amount of $3,213 for printing the prelimina~_ official statement and the official statement for the debt. CITY OF CLERMONT ~NUT~S REGULAR COUNCIL M~ETING OCTOBER 24, 1995 Page 10 There being no further business or discussion, the meeting adjourned at 9:25 p.m. Robert A. Pool, May-or Attest: -/16seph E. V~e, City Clerk FORM 8B MEI ORANDUM'OF VOTII CONFLICT FOR COUNTY, MUNIC AL, AND OTHER LOOIRLi 'PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME Norquist, Ken IAILING ADDRESS 53 Sunnyside Drive, Clermont., FL.. (.'ITT COUNTY DATE ON WHICH ¥OTE OCCURRED October 24, 1995 NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Clermont City Council THE BOARD. COUNCIl.. COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: X; CITY !'i COUNTY i ' OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: :X ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving ar thc 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. Thc requirements of this law arc mandatory; although thc use of this particular form is not required by law, you are encouraged to usc it in making thc 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 thc instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES 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 recording 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. ( I I ( IR~l nB 111-1~6 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DEC. ISION 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 IS days after the vote occurs with the person responsible for recording the minute~ of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST October 24, 1995 1, Ken Norquist , hereby disclose that on (a) A measure came °r will c°me bef°re mY 7/which (check e~ t~~~,,-/~_~_~ )~' inured to my special private gain; o~_~ inured to the special gain of (b) The measure before my agency and the nature of my interest in the m as follows: , by whom I am retained. October 25, 1995 Date Filed ~Signature / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM RB - IO-R6