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01-10-1995 Regular MeetingCITY OF OLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 A regular meeting of the City Council of the City of Clermont was held Tuesday, January 10, 1995 in the Community Affairs Room 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, 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 December 13, 1994 and Workshop Meeting held December 8, 1994 were approved as presented. CITY MANAGER SAUNDERS' REPORT Request to Use Jenkins for Health Insurance Advice for the Elderly City Manager Saunders stated he has received a request by Mr. John O'Connell who volunteers services through the Shine Program to the elderly concerning health insurance, particularly Medicare and Medicaid a couple of mornings a month. No objections were made to the request. Special Meeting Council Members agreed to hold a Special Meeting on Thursday, January 19 at 6:30 p.m. in the Community Affairs Room at the Police Department. Staff will recommend a financial advisor regarding financing proposals for the proposed sewage treatment plant. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 2 Election of Mayor Pro Tern City Manager Saunders explained that a Mayor Pro Tem is elected in the first meeting of January. 95-001 Council Member Norquist nominated Council Member Sargent. who declined the nomination. Council Member Dupee nominated Council Member Norquist as Mayor Pro Tem and nominations were closed. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported that she and Clermont Area Chamber of Commerce Director Howard Stockton gave a slide presentation of the Clermont area to Greater Construction in the morning and it was very well received. MAYOR POOL'S REPORT Mayor Pool reported that he and City Manager Saunders met with Senator Karen Johnson and people from the Department of Transportation in regard to a traffic light at the Grand Highway/Highway 50 intersection. He stated that telephone calls from citizens to the Department of Transportation requesting the traffic light will help. MAYORAL PROCLAMATION Mayor Pool announced that Clermont will be observing Arbor Day on January 21 and he read a Proclamation for the Arbor Day observation. VISITORS WITH BUSINESS South Lake Animal League - Request to Use JayCee Beach City Manager Saunders stated that this is the 4th year the South Lake Animal League has requested use of the JayCee Beach. This is the 25th anniversary of Earth Day this year and April 22 is the proposed Earth Day Celebration and Cardboard Boat Race. CITY OF OLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 3 Additional events proposed this year include: CFT Sports will coordinate a 12K run early in the morning, a pet and owner run will be held later in the day, and Benzel Ski Center (or another organization) may put on a ski show in the afternoon. 95-002 A motion was made by Council Member Norquest, seconded by Council Member Cole, and carried unanimously to approve the use of JayCee Beach and the Highlander Hut and waive the parla'ng_fees on April 22. CFT Sports - Request for 1995 Triath~on Schedule Approval Mr. Fred Sommers of CFT Sports explained that the proposed Triathlon schedule for 1995 included fewer races than last year. He stated he would like to meet with Council Members in a Workshop session to discuss Council's concerns and the possibility of waiving the parking fees. 95-003 A motion was made by Council Member Cole. seconded by Council Member Dupee, and carried unanirnously to approve the 1995 Triathlon Schedule. Star Development/McCaffrey - Conditional Use Permit, Resolution//845 City Manager Saunders stated that Star Development is requesting a Conditional Use Permit to allow development of a commercial and office park on the old Clermont Drive-In property which would allow 8 commercial lots. The request was tabled at the last Council meeting with a request by the Council to look at the traffic flow for the site, specifically with regards to the impact on Hook Street. 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. The following were sworn in by City Clerk Van Zile: Mr. Rick McCoy Mr. Waldo Chestnut Mr. David Wood Mrs. Margaret Price 721 West Avenue, Clermont 777 Hook Street, Clermont 10915 Log House Road, Clermont 836 Hook Street, Clermont CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 4 Mayor Pool read Resolution//845 by title only and opened the Public Heating. Rick McCoy stated he was project engineer. He stated they are requesting the commercial center be approved as was discussed at the last meeting, however, they also request approval of a 50' right-of-way rather than an easement for the interior road. He reported that the project was discussed with Lake County which has control of and maintains Hook Street and also with the Dept. of Transportation. Lake County has requested that a connection should be made to Hook Street. The connection,will allow the traffic to flow better through the proposed site rather than a cul-de-sac that would place all traffic through one access point on the service road. City Manager Saunders stated that in order to minimize the effect on Hook Street, the Hook Street access should be a right-in and right-out only which would eliminate a left-hand turn lane going into the site from Hook Street and reduce the traffic congestion in that area. This would allow traffic from Highway 27 to access the site from Hook Street. A left-hand turn lane would be needed further east on Hook Street for traffic to turn north on the service road. Mr. Waldo Chestnut stated he objected to the plan presented primarily because of the amount of traffic which will be generated onto Hook Street which is a safety concern. He felt the entrance and exit should be from the frontage road. He also was also concerned with the type of businesses that might locate in the commercial center. Mr. David Wood asked if the City's right-of-way located between the First Christian Church's and the old drive-in property will be affected. City Manager Saunders stated it will not be affected. Mrs. Margaret Price stated that Mr. Chestnut had expressed her concerns. She felt the commercial park should be accessed and exit via the frontage road because there was too much traffic on Hook Street already. Mayor Pool dosed the Public Hearing. City Manager Saunders stated that the staff supports the request for reduction of the right-of-way width from 60' to 50' since it is an internal road accessing six lots. The Planning and Zoning Commission has recommended approval with the conditions as stated in the Conditional Use Permit and the amendment that the Hook Street access be restricted to right-in and right-out as discussed earlier. He asked that a time period of 12 months be placed on the removal of the old drive-in screen. He stated that a CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 5 sidewalk along Hook Street should be required now and frontage road and internal sidewalks at time of construction or within two years. 95-004 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously by roll call vote to approve the 50' right-of-way variance for the interior road, and adopt Resolution #845 with the amendment that Hook Street access be restricted to right-in and right-out only and that the Hook Street sidewalk be required now with the fi'ontage road and internal sidewalks required at time of construction or within two years, and the additional requirement to remove the drive-in screen within 12 months. Lake County Health Dept., Resolution #846 and Rear Yard Setback Variance City Manager Saunders stated that Health Department is requesting a Conditional Use Permit to locate a temporary modular building at 560 W. DeSoto Street which is the location of the existing Health Department building. The temporary building is to be located adjacent and to the rear of the existing building. They are also requesting a variance to allow the building to be located 17' from the rear property line where 25' is required. The main part of the building will meet the 25' setback, however, the decking and entrance for the handicap ramp extends into the rear yard within 17' of thc rear property line. Mayor Pool read Resolution #846 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 the following: Doug Conway David Daum 315 W. Main Street, Tavares 3269 Lake Wash Road, Mt. Dora Mayor Pool opened the Public Hearing. Mr. David Daum stated he represented Space Master Buildings, the supplier of the building. Mr. Doug Conway stated he represented Lake County Public Health Department: He stated that they submitted an incorrect site plan in that the proposed modular unit was at the wrong angle and the CITY OF GLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 6 95- rear setback will be approximately 8' rather than the requested 17'. City Manager Saunters stated that the variance request will need to be re-advertised with the corrected setback of 8'. Mr. Conway resolved to go ahead with the submitted site plan and the 17' setback variance. City Manager Saunders stated that the parking requirements cannot be met on this site for the overall square footage and the applicant is requesting that since this is a temporary situation they not be required to meet our landscape requirements. He stated that because of the public health need for our area and the need for immediate space, that approval of the temporary structure be given for a period of no more than 12 months and that any additional parking that can be arranged on the site be provided along with the new structure. The parking can be mulch parking meeting the criteria outlined in our Land Development Regulations. He also recommended that the minimum landscape requirements be maintained since the permanent building will be there and utilized in the future. Mayor Pool closed the Public Hearing. City Manager Saunders stated that the Council has previously denied requests for modular buildings that do not meet the standard building codes, therefore, the Planning Department has recommended denial. The Planning and Zoning Commission did recommend approval for a period not to exceed 12 months from the date of placement of the modular with the conditions outlined in Resolution//846. 005 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resohttion #846 with Condition #2 amended to a 12-month duration John R. Watson - Variance Request City Manager Saunders stated that Mr. Watson is requesting a variance in the City's minimum lot width requirement of 100' to allow for an 85' wide lot (Lot #11) in the Dazzling Sunset Addition. 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 John R. Watson, 14016 Lake Tildon Blvd., Winter Garden. Mayor Pool opened the Public Heating. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 7 Mr. Watson stated the subdivision was originally platted into 50' wide lots and they plan to combine 20 of the lots to create 10 lots to meet the minimum requirements. However, Lot 11 is an odd-angled parcel which meets the minimum square footage requirements but is only 85' wide. He stated there are other lots in the area that are 80', 85' and 90' wide with homes. Mayor Pool closed the Public Hearing. City Manager Saunders stated that all lots in this subdivision are vacant at this time and were purchased as a single parcel. The owner is now subdividing the parcel for single-family building lots. This is located in an R-1-A area and has been substantially developed as R-1-A in the past. Since this is part of a large parcel, the staff recommends denial of the request for a sub-standard lot. 95-006 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to deny the lot width variance. Final Plat Approval - Indian Shores Plat City Manager Saunders stated that Indian Shores is a R-1-A plat located on CR561 west of 12th Street. There have been no significant changes to the layout of the lots from when it was submitted for preliminary approval. He stated that the lots on CR561 do not have access to CR561 and are restricted to front on Riviera Road. Sidewalks will be placed on the north side of CR561 instead of the south side so as to not disturb the mature landscaping in the berm on the south side. Mark Kinchla stated he appreciated the professional help he has received from City Staff. Mayor Pool closed the Public Hearing. He also declared a conflict of interest and will refrain from voting. 95-007 A motion was made by Council Member Cole, seco~wled by Council Member Dupee, and carried unanimously with Mayor Pool abstaining to approve the final plat for Indian Shores. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 8 NEW BUSINESS Interlocal Agreement - Lake County Recreation Funding Allocation City Manager Saunders stated that the Lake County Recreation Advisory Committee has recommended that the City of Clermont receive $40,000 of this year's Lake County recreation allocation for the construction of an additional ball field at West Park. Lake County sent an inteflocal agreement to be executed and approval of the agreement is recommended with an amendment to Section 6. Section 6 now prohibits the City from charging a non-resident fee for the use of a facility funded by the County. He proposed that the second sentence of Section 6 be amended' as follows: In the event that the City implements a fee for the use of such project, then such user fee for the project and ancillary property such as parking lots adjacent thereto shall be the same for County residents that is charged for City residents except as follows: If at least 40% of the users of the facility are non-City residents, a differential, non-City fee may be charged which will not exceed $25 per registration or $109 per family per year. 95-008 After considerable discussion, a motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to approve the Interlocal Agreement with Lake County with the above (jmendment to Section 6. Resolution//850 - Non-Resident Recreation Fees City Manager Saunders stated that Resolution 850 will amend the non-resident recreation fee established by Resolution 786. The fee currently requires a $25 per person per sport non-resident fee. The revised fee will allow the option of a family to purchase an annual family non-resident pass for $100 per year. This will entitle any of their family members to register for any team sports throughout the year without any additional non-resident fees being assessed. This will be retroactive for any paid 1995 sports. A person will still have the option of paying the $25 fee for one registration if that is more desirable. Mayor Pool read Resolution//850 by title only. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 9 95-009 A motion was ma4_e by_ Council Member Cole. seconded by_ Council Member Norquist. and carried unanimously by. roll call vote to adopt Resolution 850. Resolution #851 - Amending Planning and Zoning Permitting Fees City Manager Saunders stated that Resolution #851 will amend the fees now being charged for various Planning and Zoning permitting fees as well as establish fees required by the new Land Development Regulations. The fees listed in the Resolution were discussed at the December Council Workshop and were calculated individually by determining the staff time involved, publishing costs, etc. The Resolution makes the fees effective February 1, 1995. Mayor Pool read Resolution 851 by rifle only and opened the Public Hearing. 95-010 ,4 motion was made by_ Council Member Dupee. seconded by Council Member Norquist. and carried unanimously by roll call vote to adopt Resolution 851. 1995 Board Appointments City Manager Saunders explained that the Planning and Zoning Commi~ion has two one-year terms and five two-year terms open this year. Of the one-year terms, Mr. Joe Janusiak has requested to be re-appointed to his unexpired term. Of the five two- year terms, four of the current representatives have requested to be re-appointed. These include Joe Wiebush, Marilyn George, Jim Brown and Darryl Bishop. 95-011 ,4 motion was made by Council Member Dupee. seconded by_ Council Member Cole. and carried unanimously to reappoint Joe Wieb~h, Marilvn George. Jim Brown and Darryl Bishop to a two-year term and Joe Janusiak to a one-year term_for the Planning & Zoning Commission. City Manager Saunders stated that the Planning and Zoning Commission will still need leave one one-year term and one two-year term. He stated that the following have indicated their interest in serving this Board: Dr. Bob Ogden, John Stark, Ken Harley, Keith Mullins and Bill Rauch. CJTY OF OLERMO~VT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 10 95-012 95-013 Council Memb'er Sargent nominated Keith Mullins for a two-year term on the Planning and Zoning Commission and nominations were closed. Council Member Sargent nominated Bill Rauch for a one year term on the Planning and Zoning Commission and nominations were closed. City Manager Saunders stated that the Code Enforcement Board has two three-year terms that have expired. Both of the existing members have requested re-appointment. They are Mr. Jon Fortier and Mr. Martin Wright. 95-014 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to reappoint Jon Fortier and Martin Wright to the Code Enforcement Board. Parks and Recreation Board. City Manger Saunders recommended that the existing Board be re-appointed which includes: Wendell McDannel, Jack Gaines, Don Sheppard, Sam Houck and Ron Beighley. Mayor Pool re-appointed these members. Beautification Committee. City Manager Saunders recommended that the existing committee be re-appointed which includes: Karen Turville, Oaldey Seaver, Nancy Davis, Joe.Janusiak, Percy Coleman, Alan Heinrich, Lucy Lamper, Alfred Cheesborough and Jo Flemming. Mayor Pool re-appointed these members. Community Development Block Grant Citizens Advisory Task Force. City Manager Saunders explained that the Task Force can be five or seven members. 95-015 A motion was made by Council Member Cole, seconded b_v Council Member Norquist and carried unanimously to appoint Doretha Cole, Dorothy McGriff, Jean Sullivan, Jon Fortier, Bruce Redus. Council Member Sargent, and the Planning and Zoning Commission Chairman. Other Agency Appointments Lake Apopka Natural Gas. Mr. John Sargent has served in this capacity for many years and has again requested to be appointed as the City's representative. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 11 95-016 A motion was made by Council Member Dupee. seconded by Council Member Cole. and carried unanimously to reappoint Council Member Sargent as the Lake Apopka Natural Gas representative. Cooper Memorial Library Liaison. Has been held by Mayor Robert Pool. 95-017 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to reappoint Mayor Pool as the Cooper Memorial Libra~_ liaison. Lake County Pollution Control Board. This position was held by Hal Turville in the past. 95-018 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to appoint Council Member Sargent to the Lake Count_ Pollution Control Board. East Central Florida Regional Planning Council. Has been held by Mayor Pool. 95-019 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to reappoint May_or Pool as Regional Planning Council member. Board of County Commissioners Liaison was held by Mr. Ed Ivey. 95-020 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to appoint Council Member Norquist as the Board of Count. Commissioners liaison Lake County League of Cities Board of Directors. Has been held by City Manager Saunders. 95-021 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to appoint Council Member Dupee as Lake Count_ League of Cities Board of Director. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 10, 1995 PAGE 12 Zoning and Housing Board of Adjustment, historically the City Council. After discussion, it was the consensus of the Council Members to keep the City Council as the Zoning and Housing Board of Adjustment. Chamber of Commerce liaison, has been held by Ken Norquist. After discussion, it was the consensus of the Council Members that no liaison was necessary because two Council Members are on the Chamber Board of Directors. There being no further business or discussion, the meeting adjourned at 9:40 p.m. Attest: .**.. I OI M I lB MEM._ I ANDUM' OF VOTIN 'GONFI. IG*I' POR COUNTY, MUNICIIB L, AND' OTHER LOC gl, 'PUBLIC OFFICERS LAST NAME--FIR~ NAME--MIDDLE NAME ' ' NAME'OF BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE .Pool,. Robert A. '* ,': Clermont C~ty Council IAILING ADDRESS 1464 East Avenue .. CITY COUNTY Clermont, FL 3471! .. DATE ON WHICH VOTE OCCURRED danuary 10, 1995 THE BOARD, COUNCIl., COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: :X CITY !' '; COUNTY 'i: OTHER LI'}C'AL 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 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 arc mandatory: although thc use of this particular form is not required by law, you are encouraged to use 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 thc reverse side and filing thc form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED 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 thc 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 MEETINO 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 respons~ible for recording the minutes of the meeting, who will incorporate the ·form in the minutes. A copy of thc 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. t I I(litN, I ,~ltl 111.141, PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECIS'ION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You' should di.~lose 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 o~urs with the person responsible for recording the minm,, .., of the meeting, who should incorporate the form in the minutes. 'DISCLOSURE OF STATE OFFICER'S INTEREST 1, Robert A. Pool , hereby disclose that on (a) A measure came or will come before my agency which (check one) × ' inured to my special privale gain; or . inured to.the special gain of (b) The measure before my agency and the nalure of my inlerest in the measure is as follows: January 10 ,19~95 : , by whom I am retained. January 18, 1995 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREI~, 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 RR - IO-R6 ......