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01-24-1995 Regular MeetingCITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 24, 1995 A regular meeting of the City Council of the City of Clermont was held Tuesday, January 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: Council Member Cole, Council Member Dupee, Council Member Norquist, 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 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 January 10, 1995 were approved with the addition of Joe Janusiak being appointed to a Planning and Zoning Commission one-year term. The minutes of the Workshop Meeting held January 5, 1995 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Meeting Council Members agreed to hold a Workshop meeting on Wednesday, February 1 at 6:30 p.m. in the Council Chambers at the Police Department to discuss Comprehensive Plan amendments. Movie Company Production Request City Manager Saunders explained he had been contacted today by Connie Glicken, a location scout who is working on a commercial scheduled to be filmed February 1 and 2. CITY OF GLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 24, 1995 PAGE 2 The production company is considering several locations including Mohawk Road, Brogden Road, Margaree Gardens and downtown Clermont. They are willing to reimburse the City for any expenses. Council Members agreed to allow the City Manager to coordinate filming arrangements with the company. Council Member Dupee stated that the Council may want to consider a one-stop permitting with the Economic Development Council for film companies. The City can file its conditions with the Economic Development Council which would be reviewed by the various film companies. Sample ordinances for the conditions can be requested. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported that the Clermont Area Chamber of Commerce annual banquet is Friday, January 27. The Chamber also has an Orange Blossom Breakfast scheduled for Friday, February 3. COUNCIL MEMBER NORQUIST'S REPORT Council Member Norquist reported he had attended the County Commissioner's meeting regarding Jacks Lake Road in the morning and they had approved the closing of Jacks Lake Road. The Commissioners also voted to approve the County portion of the Rails to Trails and ear-marked $60,000 for appraisals and survey costs for Phase II (Minneola City limits to Orange County line). VISITORS WITH BUSINESS Osceola Financial Corporation - Resolution g847 Mayor Pool read Resolution//847 by title only and stated that the request for a Conditional Use Permit requires that a Quasi-Judicial hearing be held. He informed those present that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in Bob Thompson, 1927 Branfley Circle, Clermont, Florida. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 24, 1995 PAGE 3 City Manager Saunders stated that this is a request to renew a Conditional Use Permit that was previously granted for Lots 1, 2, 3, and 4, Lakeview Hts., which is at the northwest comer of the intersection of Grand Highway and Highway 50. The Conditional Use Permit was granted one year ago and it is due to expire January 25. Mr. Bob Thompson stated that the proposed project is for the construction of a bank and office building with access from Grand Highway. The bank has been applying for a charter and is moving ahead with its plans. City Manager Saunders stated that there have been no changes from the original submittal. The Planning and Zoning Commission and staff recommend approval of the request. Mayor Pool closed the Public Hearing. 95-0~6 A motion was made by Council Member Dupee. seconded by Council Member Cole, and carried unanimously by_ roll call vote to adopt Resolution #847. Clermont Garden Club - Resolution//848 City Manager Saunders stated that the Clermont Garden Club is requesting a Conditional Use Permit to allow a temporary operation of a church in their building located on West Avenue. This building is owned by the Garden Club, however, it is located on City of Clermont property. Mayor Pool read Resolution//848 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. Joyce Droege, 743 Oak Drive, Clermont was sworn in by City Clerk Van Zile. Joyce Droege stated that a. church wants to use the building for church services one night a week. City Manager Saunders stated that the Planning and Zoning Commission has recommended approval with the conditions as stated in Resolution //848. Staff also recommends approval, but with the understanding that Item 4 will be monitored and if there is a parking problem at the site, the problem can be re- addressed. The use is for a maximum of two years. Mayor Pool closed the Public Hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 24, 1995 PAGE 4 95-027 A motion was made by_ Council Member Cole, seconded by_ Council Member Sargent. and carried unanimously by_ roll call vote to adopt Resolution t/848. Joseph Washuta - Resolution//849 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to operate a retail business selling gardening products and plants in conjunction with a residence located in the Central Business District on Minneola Avenue adjacent to and east of the Post Office property. Mayor Pool read Resolution//849 by rifle 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. Joe Washuta, 847 W. Minneola was sworn in by City Clerk Van Zile. Joe Washuta questioned two of the conditions in the Conditional Use Permit. He asked to postpone the dumpster requirement (Condition gl)) as he didn't expect to create that much trash. He also stated that Condition #4 requiring four more trees is impractic.al because of the number of large trees 'already located on the property. City Manager Saunders stated that Condition//9 could be amended to state that at such time as the amount of allowable garbage is exceeded, a dumpster will be required to be installed. In regard to Condition #4 requiring more trees, staff can work with him when the site plan is reviewed. 95-028 A motion was made by Council Member Sa~ent. seconded by_ Council Member Norquist. and carried unanimous~_ by_ roll call vote to adopt Resolution #849 with Condition #9 amended as_follows: that at such time as the amount o_f allowable garbage is exceeded, a dumpster will be required. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 24, 1995 PAGE 5 UNFINISHED BUSINESS Cooper Memorial Library Agreement City Manager Saunders stated that the Library has requested one amendment to the agreement that was previously approved by the City Council. The second sentence of Paragraph 1 has been added which gives the Library possession and control in perpetuity or for as long as the Library shall operate as a public library. City Attorney Baird stated that "in perpetuity or for as long as" has been ruled by the courts either/or and should not be used in an agreement. He recommended that in pe _rpetui _ty or be removed from the agreement. The stated that the sentence is adequate by stating the Library has possession and control for as long as the Library shall operate as a public library. 95-029 A motion was made by_ Council Member Cole. seconded by_ Council Member Dupee. and carried unanimously to approve the Libra~_ Agreement with the removal o_f "in pe~_ etui~_ or"from the second . sentence in Paragraph 1. NEW BUSINESS Joint Participation Agreement City Manager Saunders stated that the Department of Transportation requires a joint participation agreement to be entered into between the Cities of Clermont and Minneola and the Department of Transportation for the engineering and construction of the Clermont/Minneola Rails to Trails. $400,000 is budgeted for the planning and design phase and $1,056,172 is budgeted for construction. The engineering contract is scheduled to be signed the first week of February. The City of Clermont's portion for the planning and design is $22,400 and is due following the signing of the agreement. City Manager Saunders stated there is a concern with the section regarding cost over- run obligations, to be shared half and half with the Department of Transportation. He stated that close analysis of the construction contracts should avert cost over-runs and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 24, 1995 PAGE 6 he recommended approval of the agreement. A budget amendment from General Fund Reserves for $22,400 for the City's portion of the planning and design will also be required. 95-030 A motion was made by_ Council Member Cole, seconded b_v Council Member Dupee, and carried unanimous~_ to approve the Joint Participation Agreement with the Florida Department of Transportation and a budget amendment_from General Fund Reserves_for $22.400. Direct Deposit Agreement City Manager Saunders stated that at the annual December employee meetings approximately 25 employees expressed interest for direct deposit of payroll checks. There is no charge for the service and it will benefit the employees. 95-031 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to approve the Direct Deposit Agreement with SunBank. Reclaimite Project City Manager Saunders stated this is the 7th year that Clermont has had a reclaimite program. Pavement Technology received the Seminole County bid at a cost of $.29 per yard. We can take advantage of the Seminole County bid and proceed with Pavement Technology for a total cost will be $27,890. There will be extra budget dollars left that can be used for other street projects. 95-032 A motion was made by_ Council Member Cole. seconded by Council Member Dupee. and carried unanimously to approve the Seminole Count_ bid with Pavement Technolo_~,y_ _for reclaimite_for $. 29 per yard. Composting Agreement - City of Ma,scoRe City Manager Saunders stated the compost agreement with the City of Mascotte is due to expire in February. He stated this is the 4th year and he recommend approval of CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 24, 1995 PAGE 7 an extension of thc agreement under the same terms which allows thc City to deliver compostable materials to the City of Mascotte's permitted compost facility for a lump sum of $10,000 per year. Approximately 1,000 tons of compost per year are delivered to the Mascotte compost site. 95-033 A motion was made by_ Council Member Norquist. seconded by_ Council Member Sargent, and carried unanimously to approve the Compost Agreement with the Ct'tv of Mascotte. Code Enforcement Board Committee Appointment City Manager Saunders stated that one more member needs to be appointed to the Code Enforcement Board. 95-034. A motion was made by Council Member Dupee. seconded by Council Member Cole. and carried unanimously to appoint Dr. Bob Oe_ den to the Code Enforcement Board. There being no further business or discussion, the meeting adjourned at 8:13 p.m. Attest: Robert A. Pool, Mayor Clerk