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03-28-1995 Regular Meeting CITY OF CLERMONT MINUTES MINUTES REGULAR COUNCIL MEETING MARCH 28, 1995 A regular meeting of the City Council of the City of Clermont was held Tuesday, March 28, 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 Dupee, Council Member Cole, and Council Member Sargent. Other City officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director Harker, and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Pastor Jerome Gill followed by the repeating of The Pledge of Allegiance to the Flag by all present. IVIINUTES The minutes of the Regular Council Meeting held March 14, 1995 were approved as presented. CITY MANAGER SAUNDERS' REPORT Tree City USA City Manager Saunders reported that Clermont was named a Tree City USA for the 4th year in a row. He commended Karen Turville and the Beautification Committee, the City Council, and the City Parks crew for making the award possible. Pension Board Meeting Council agreed to meet for a Pension Board Meeting prior to the next regular Council Meeting at 7:00 p.m., on April 11 in the Council Chambers. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 1995 PAGE 2 Council Workshop Meeting Council agreed to hold a Workshop Meeting at 6:00 p.m. on Thursday, April 6 in the City Hall conference room. Temporary Sewage Treatment Facility City Manager Saunders stated that a large lift station is planned to be installed in the low area on Hancock Road in conjunction with the temporary sewage treatment facility that is under construction. Contractors have requested additional time to order the pumps for this lift station. City Engineer Springstead and Public Service Director Davis have asked to direct order the pumps, and the successful bidder for the lift station will install the pumps the City has obtained. City Manager Saunders requested that the direct order specify Flight Pumps which have proven reliable and parts are readily available. ~ The two pumps have 230 h.p. motors and are distributed by Ellis K. Phelps Who has given us a quote of $100,696 with 8 to 10 week delivery. 95-066 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to direct order two 230 h.p. Flight Pumps for $100,696from Ellis K. Phelps. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported a very successful breakfast at Jenkins Auditorium at 9:00 a.m. on March 15 honoring the World War II veterans. Council Member Dupee invited all those present to attend Clermont's Springfest on April 1 in downtown Clermont and the Orange Blossom Breakfast hosted by the City of Clermont at 7:30 a.m. on Friday, April 7 at Jenkins Auditorium. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 1995 PAGE 3 VISITORS VVITH BUSINESS Lake Christian Fellowship, Resolution No. 861 City Manager Saunders stated this request is to' renew an existing Conditional Use Permit that was granted under Resolution No. 815 for the operation of a church located on Grand Highway south of Highway 50. The request is for a two-year renewal with the same conditions that were applied to the original permit. 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. City Clerk Van Zile swore in Jerome Gill, 550 Disston, Clermont. Mayor Pool read Resolution No. 861 by title only and opened the public hearing. Mr. Gill stated he was in favor of the request. City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval of the request. Mayor Pool dosed the public heating. 95-067 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution No. 861. Ken Norquist, Resolution No. 862 City Manager Saunders stated that the applicant is requesting an amendment to an existing Conditional Use Permit for property located at the north end of West Avenue. 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. Council Member Norquist stated he will abstain from voting on the matter because of a conflict of interest. City Clerk swore in Ken Norquist, 53 Sunnyside Drive, Clermont. Mayor Pool read Resolution No. 862 by title only and opened the' public hearing. City Manager Saunders stated that Mr. Norquist requests to add additional property to the legal description which is the property located north of the existing building which CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 1995 PAGE 4 will allow for temporary parking on the existing pavement. He will also relinquish the previously permitted use of a residence for the property. The plan is not to construct the south parking lot at this time, but to utilize the existing pavement north of the property which will accommodate the required number of spaces. At the time the Rails to Trails is constructed which will pass between the building and the north parking lot, he will provide the south parking lot and the existing parking lot to the north will be removed. Mr. Norquist stated that the property to the north has an existing parking lot and it will be beneficial if the property can be added to the legal description and the south parking lot be built when the Rails to Trails is built. City Manager Saunders stated that the Planning and Zoning Commission and staff have recommended approval of this request. Mayor Pool closed the public heating. 95-068 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote with Council Member Norquist abstaining (he declared conflict of interest) to adopt Resolution No. 862. Florida Freewheelers, Horrible Hundred Bike Ride City Manager Saunders stated that the Florida Freewheelers bicycle club is now planning its 16th annual edition of the "Horrible Hundred" bicycle ride. The ride is scheduled for November 19 and they are requesting the use of JayCee Beach for the start and finish of the race. Registration will begin at 6:30 a.m. and the race should conclude around 5:00 p.m. They are also requesting a waiver of the parking fee for this event. They have provided good dean-up in the past and they will be providing toilet facilities and trash pickup of the area following the event. Approval is recommended of this request. 95-069 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve the Horrible Hundred bicycle ride at JayCee Beach on November 19 and waive parking fees for the event. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 1995 PAGE 5 NEW BUSINESS Final Reading of Ordinance 275-M City Manager Saunders stated that this is the final reading of Ordinance 275-M which will annex approximately 10 acres located on Mohawk Road. The property is now surrounded on the north, east and south by the City of Clermont and on the west by the City of Minneola. Mayor Pool read Ordinance 275-M 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. City Clerk Van Zile swore in Joe Zagame of Jaymark Builders, 2822 Forsythe Road, Winter Park. Mayor Pool opened the public hearing. Mr. Zagame stated that his company has a contract on this property which should close in about a week and will be added to 30 acres they already own which they plan to develop into a business and professional park. City Manager Saunders stated the Planni.ng and Zoning Commission and staff recommend approval and look forward to helping Mr. Zagame with the project. Mayor Pool closed the public hearing. 95-070 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Ordinance 275-M. Final Reading of Ordinance 276-M City Manager Saunders stated that this is the final reading of Ordinance 275-M which will rezone property to be annexed in Ordinance 275-M from UE Urban Estate Residential to M-1 Industrial. Annexed property is brought into the City at UE Urban Estate Residential. Mayor Pool read Ordinance 276 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. City Clerk Van Zile swore in Joe Zagame, 2822 Forsythe Road, Winter Park. Mayor Pool opened the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 1995 PAGE 6 Mr. Zagame stated this zoning change was part of the overall plan and he requested approval. City Manager Saunders stated that the request to rezone the property to M-1 Industrial is consistent with the surrounding property in the City limits and is consistent with our Comprehensive Plan and our Future Land Use Map for this area. Therefore, the Planning and Zoning Commission and staff recommend approval. Mayor Pool closed the public heating. 95-071 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Ordinance 276-M. Community Development Block Grant - Resolution No. 863 City Manager Saunders explained that Resolution No. 863 will adopt a permanent relocation guideline that must be included in our application for the Community Development Block Grant. Mayor Pool read Resolution No. 863 by title only. 95-072 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 863. Right-of-Way Agreement City Manager Saunders explained that the Carter family who owns the Fosgate property has agreed to give a right-of-way to construct Jacks Lake Road through the Fosgate property from S.R. 50 to Grand Highway. The agreement specifies that in the event construction has not commenced within 36 months of the agreement, the right-of-way will revert back to the property owners. Lake County just gave preliminary approval of the road and the project should start before the end of the year. He recommended approval of the agreement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 1995 PAGE 7 95-073 A motion was made by Council Member Norquist. seconded by Council Member Cole. and carried unanimously to approve the agreement with Chester Fosgate Company. Lease Agreement, Lake County City Manager Saunders stated that Lake County is requesting an amendment to our lease agreement for the old Police Department building. The amendment states that the City will continue to carry insurance on the structure. This was already the intent, however, it was not stated in the agreement. He recommended approval of the amendment. 95-074 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to approve the lease amendment with Lake Count_ for the old Police Department building. Lease Agreement, Daryl Diestler City Manager Saunders stated that Daryl Diesfler is requesting an extension of their lease of a City-owned building on the corner of Minneola Avenue and 8th Street. The lessee has requested a two-year extension, however, a one year extension is recommended since this property is scheduled for conversion to a trail head site in late 1996. 95-075 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to approve the one year lease to Da~_ l Diestler of the building on Minneola Avenue and 8th Street OTHER COMMENTS Highway 19/27 Turnpike Area Industrial Park Council Member Dupee stated she attended a workshop and brought back plans (Version 4 and 5) of the proposed industrial park. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 28, 1995 PAGE 8 Palatlakaha Recreation Area City Manager Saunders stated the racquetball court has been completed at Palaflakaha Recreation Area. The canoe launch is almost finished and a new volleyball court has been added which completes the final phase of the park. There being no further business or discussion, the meeting adjourned at 8:12 p.m. Attest: sephE~lerk FORM 8B MEM RANDUM',OF VOTIN CONFLICT FOR COUNTY, MUNICIIMI,, AND' OTHER LOCA'L'PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME'OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMII"TEE rquist, Ken " ~"" ~: Clermont City Council LING ADDRESS ' 53 Sunnyside Drive, Clermont, FL · CITY COUNTY DATE ON WHICH VOTE OCCURRED March 28, 1995 THE BOARD, COUNCIl.,, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: )~ CITY !'] COUNTY i } OTHER LOCAL AGENCY NAME OF POLI'I:ICAL SUBDIVISION: MY POSITION IS: )~': ELECTIVE L'i 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 lag' 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 ~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 measui'e 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: diili,You should complete and file this form (before making any attempt to influence the decision) with the person responsible for IIIrecording 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. CI I:{~r\l ~B Iii-g6 PAGE IF -YOU MAKE NO ATTEMPT T° INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · ~You' should disclose orally the nature 'o£ 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 minuter of the meeting, who Should incorporate the form in the minutes. , by whom I am retained. DISCLOSURE OF STATE OFFICER'S INTEREST l, Ken Norquist , hereby disclose that on ~ ~ o~ ~9 , 19 ~-" : (a) A measure came or will come before my agency which (check one) inured to my special private gain; or __ inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: April 4, 1995 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREr 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 8B - 10-86 PAGE