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12-08-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, December 8, at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Turville with the following Council Members present: Council Member Biddle, Council Member Brown, Council Member Lamb and Council Member Wolfe. Other City officials present were City Manager Saunders, City Attorney Baird, Planning Director Harker, Principal Planner Brown, Finance Director Van Zile and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Brown followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES 98-368 A motion was made by Council Member Wo!fe, seconded by Council Member Brown, and carried unanimously to approve the minutes of the regular Council Meeting held November 24, 1998 as presented. COUNCIL MEMBER BIDDLE'S REPORT Council Member Biddle commended Howard Stockton, South Lake Area Chamber Director on Light Up Clermont held December 4 and 5. He reminded every one present of the Business After Hours on Thursday, December 10 at the Citrus Tower and the Chamber breakfast on Friday, December 18 at Jenkins Auditorium. Council Member Biddle thanked City Attorney Baird for a review of ethics, Sunshine Laws and the Quasi Judicial procedures. Council Member Biddle commended City Manager Saunders for coordinating the light replacement for the tennis courts at the elementary school and asked he review the possibility of lights at the 8 th Street fishing pier. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 2 COUNCIL MEMBER BROWN'S REPORT Council Member Brown stated that the Post Office has outgrown its facilities and he encouraged petitioning for larger facilities. City Manager Saunders stated that he will place this on the next Workshop agenda and invite Post Office personnel. CITY MANAGER SAUNDERS' REPORT 98- Cancellation of December 22, 1998 Regular Council Meeting City Manager Saunders stated that it has been customary to cancel the second meeting in December which is during Christmas week. He stated that currently there are no known agenda items, however, if something arises, a special meeting can be called. 369 A motin was made by Council Member Biddle, seconded by Council Member Wolfe, and carried unanimously to cancel the December 22, 1998 Regular Council Meeting. Kayla McKean Search City Manager Saunders commended the community and surrounding communities for the tremendous response in the Kayla McKean search. He also commended the Clermont Police and Fire Departments for an outstanding job. VISITORS WITH BUSINESS Hospice of Lake & Sumter County- Variance Request City Manager Saunders stated that the Hospice Foundation is requesting a variance to allow a 17' front yard setback for Lots 26-32 in Edgewood Lake Subdivision. He stated that the Zoning Code requires a minimum 25' front yard setback. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 3 Mayor Turville stated that a Quasi-Judicial hearing is required and that anyone wishing to speak in favor or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following: Ted Williams Catherine Wolfe Don Harris 12300 Lane Park Road, Tavares, FL 1275 W. Lake Shore Drive, Clermont, FL 612 Grand Highway, Clermont, FL Catherine Wolfe stated that these lots were donated to Hospice and Hospice plans to either construct single family homes for resale, or sell the lots to provide additional funding. She stated that the lots are steep and will require a front setback variance in order to build. The City Council granted this same variance last year, however time has run out. Ted Williams stated they currently have a contractor ready to build the first house on one of the lots. Don Harris asked if single-family homes are still being proposed and he was assured by Mr. Williams that they were. City Manager Saunders stated that the Council granted this same variance on August 12, 1997, however, variances expire if construction is not begun within 12 months. The hardship stated by Hospice is the severe slope of the lots which provides little area for actual construction. All other R-1 single-family requirements will be met. Staff recommendation is for approval of the variance. Mayor Turville closed the public hearing. 98-370 A motion was made by Council Member Wolfe, sewnded by Council Member Lamb, and carried unanimously to grant a front setback of I7' rather than 25' to Hospice of Lake and Sumter Coun~for Lots 27-32 of Edgewood Lake Subdivision. Richard Goss -Variance Request City Manager Saunders stated that the applicant is requesting a rear yard setback variance of 24.5' rather than the required 25' for 2369 Ridge Avenue. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 4 Mayor Turville stated 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 should be sworn in. City Clerk Van Zile swore in Richard Goss, 2369 Ridge Avenue, Clermont. Richard Goss stated that he is requesting to bring a screen porch out to meet the back of his house. There was a previous variance of 6" given when the house was originally built. City Manager Saunders stated that this variance was granted at the time the home was constructed and the home currently sits 24.5' from the rear property line. The applicant is proposing to construct an enclosed screen room on the corner of the home and the rear of the screen room would be in line with the existing house and would not encroach any further into the rear yard. He stated that the City Council has historically granted this type of expansion as long as there is no additional encroachment. Staff's recommendation is for approval. Mayor Turville closed the public hearing. 98-371 A motion was made by Coundl Member Biddle, seconded by Coundl Member Brown, and carried unanimously to grant a variance of 24.5' rathr than 25' to Richard Goss for Lot 3, Block 3 qf Lakeview Hills, Phase III (2369 Ridge Avenue.). UNFINISHED BUSINESS Dal-Don Produce - Variance Request Mayor Turville stated that the request for a variance to allow a travel trailer to be used by a night watchman to be placed on commercial property at 1959 Highway 27 by Dal- Don Produce has been withdrawn. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 5 Wal-Mart Stores - Resolution 1037 and Final Reading of Ordinance 370-M Mayor Turville explained that a request h~s been made to table Resolution 1037 and Ordinance 370-M, however, it is the, prerqgative of the Council to table issues. Richard Langley, attorney for Wal-Mart-asked to speak before the Council acted to table or not to table the issues. Mr. Langley asked that a continuation be granted because they have not previously asked for any continuances. He explained that the delays have been necessary because of City requested traffic studies and additional workshops with new Council Members. He also stated that he did not receive a copy of the City Manager's recommendation until the previous day and there was insufficient time to respond. 98-372 After discussion, a motion was made by Council Member Lamb, seconded by Mayor Turville (after passing the gavel to Mayor Pro Tern Brown)' and carried unanimously to hold the hearings and deny the request to table Resolution 1037 and Ordinance 370-M. Mr. Langley withdrew the applications for Resolution 1037 and Ordinance 370-M. NEW BUSINESS Veronica's - Resolution #1043 Mayor Turvi!le read Resolution 1043 by title only and stated that the request is for a Conditional Use Permit to allow the operation of a beauty parlor and a residential dwelling unit in an R-3-A residential professional district. Mayor Turville stated that a Quasi-Judicial hearing is required and that anyone wishing to speak in favor or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following: Catherine Wolfe Veronica McMillan 1275 W. Lake Shore Drive, Clermont, FL 175 N. U.S. 27, Clermont, FL CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 6 Catherine Wolfe stated that a Conditional Use Permit is requested for 1224 and 1236 Grand Highway to allow her client to reside in one unit and operate a beauty salon in the other. She explained that there will be a common driveway for both and parking will be in the back. City Manager Saunders stated that the site is located on the west side of Grand Highway and is zoned R-3-A which allows a beauty shop as a conditional use. The Planning and Zoning Commission and staff recommend approval of this request. Council Member Wolfe declared a conflict of interest and stated he would abstain from voting. Mayor Turville closed the public hearing. 98-373 A motion was made by Council Member Biddle, seconded by Council Member Brown, and carried unanimously by roll call vote with Council Member Wolfe abstaining, to adopt Resolution 1043. Jaymark Builders - Resolution #1044 Mayor Turville read Resolution 1044 by title only and stated that the applicants are requesting a Conditional Use Permit for the operation of a church and multiple professional offices on Lot 3, Clermont Commons located on Mohawk Road. Mayor Turville stated that a Quasi-Judicial hearing is required and that anyone wishing to speak in favor or in opposition to the request should be sworn in. City Clerk Van Zile swore in Bob Shakar, 230 Mohawk Road, Clermont. Bob Shakar stated they agreed with the conditions and recommendations of staff. City Manager Saunders stated that Clermont Commons Park is a multi-use develop- ment which includes warehouses, light manufacturing, a physical fitness facility, offices, and a school. He stated that the Planning and Zoning Commission and staff recommend approval of the requested use. Mayor Turville closed the public hearing. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 7 98-374 A motion was made by Council Member Wolfe, sesconded by Council Member Lamb, and carried unanimously by roll call vote to adopt Resolution 1044 granting a Conditional Use Permit for the operation of a church and multiple professional offices on Lot 3, Clermont Commons located on Mohawk Road. Family Christian Center - Resolution #1045 Mayor Turville read Resolution 1045 by title only and stated that the request is for a Conditional Use Permit for Family Christian Center for the construction of a church and related facilities on an approximate 36 acre site located on the west side of U.S. 27 approximately 1,100' south of Brogden Drive. Mayor Turville stated a Quasi-Judicial hearing is required and that anyone wishing to speak in favor or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following: William Van Waggoner Jamie Senakore Rick Van Waggoner Digier Jupillet Guy Buchard 10630 Dwights Road, Clermont, FL 1317 Sumter Street, Leesburg, FL 805 Forest Wood Drive, Clermont, FL 12645 Catherine Circle, Clermont, FL 11210 Crescent Bay Blvd., Clermont, FL Jamie Senakore stated that the church is between 12,000 and 13,000 square feet. He stated they are requesting a variance for 50 of the required 110 spaces to be grass parking and a variance to eliminate the required perimeter buffer. Guy Buchard stated the church will have a positive impact on the City. Rick Van Waggoner stated he has been the Pastor of the church for five years. William Van Waggoner stated he is an elder in the church and they will comply with any City requirement. Digier Jupillet stated he was against the project because of his concern with allowing non-residential in a residential area. City Manager Saunders stated that churches require a Conditional Use Permit in all zones throughout the City. He explained that this will be the first phase of a project CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 8 that will extend over several years and amendments to the Conditional Use Permit will be required as future uses and development plans are formulated. This first facility includes an approximate 12,000 square foot building to be utilized as a sanctuary and multi-functional facility for other church related activities including classroom space. The church intends to utilize a portion of the space as a preschool educational facility and church staff office. He stated that staff recommends approval of the Conditional Use Permit and the two requested variances which include allowing grass parking for 50 of the 110 required spaces and the elimination of a perimeter buffer. He explained that church parking use is typically once or twice per week and the Council has historically granted this type of variance for church parking lots. He also explained that the north, west, and south boundaries are heavily vegetated and will provide the screening that is the purpose for a 5' buffer requirement. The applicant will provide the buffering along U.S. 27. Mayor Turville closed the public hearing. 98-375 A motion was made by Council Member Lamb, seconded by Council Member Wolfe and carried unanimously to adopt Resolution 1045 for a Conditional Use Permit_for Family Christian Center_for the construction o_fa church on the west side o_f U.S. 27, 1,100' south o_f Brodgen Drive. Grant Approval - 1999 Lake County Recreational Grant City Manager Saunders stated that Lake County has included in their budget $200,000 for grant awards to cities and other organizations for recreational facilities. He explained that a requirement of the grant request is for the City Council to approve the grant application prior to submittal, and the deadline for submittal is January 8. He proposed that a grant request be submitted for a fitness trail and exercise stations at McKinney Park. 98-376 A motion was made by Council Member Biddle, seconded by Council Member Wolfe, and carried unanimously to approve the Lake County Recreation Grant submittal for McKinney Park to indude a fitness trail and exercise stations. CITY OF CLERMO~ MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 9 Architect Selection City Manager Saunders stated that the City Council previously listened to presentations from the short-listed architects for the City Hall space needs analysis, the new fire station, and a potential expansion of Kehlor Park. He stated that the Council should rank the architects for each project and then he will attempt to negotiate a contract with the top-ranked firm for each project. 98-377 A motion was made by Council Member Biddle, seconded by Council Member Brown and carried unanimously to rank the fire station projea as follows: 1) SRI, 2) Gee &_Jenson, 3.) Strollo Architects. 98-378 A motion was made by Council Member Biddle, seconded by Council Member Brown, and carried three to two to rank the space needs analysis and site analysis_for the city hall project as follows: 1.) C.T. Hsu, 2) Nick_Jones, and 3.) Gee &Jenson, with Coundl Member Wo!fe and Coundl Member Lamb voting nay and ranking Nick_Jones as #1. 98-379 A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously to rank the Kehlor Park project as follows: 1.) George Wood, 2) Nick_Jones, 3.) C.T. Hsu, and 4) Gee and_Jenson. Planning Service Contract, Regional Planning Council City Manager Saunders stated that the planning service contract with the Regional Planning Council for various services that may be needed in the future was discussed at a previous Workshop and he recommended approval. 98-380 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously to approve a planning service contract with the Regional Planning Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 10 Resolution #1046 - Financing Plan Finance Director Van Zile stated that Resolution 1046 will allow financing for some of the major capital expenditures planned for this year which include the new fire station, fire truck, and computer equipment. The financing will be a fixed rate loan with SunTrust Bank and will not exceed $440,000. Mayor Turville read Resolution 1046 by title only. 98-381 A motion was made by Council Member Wolfe, seconded by Council Member Biddle, and carried unanimously by roll call vote to adopt Resolution 1046 which authorizes the City to enter into a loan agreement with SunTrust Bahk for an amount not to exceed $440, O00 for a new fire station and various equipment. Bid Awards McKinney Park Irrigation City Manager Saunders stated that bids were received for the irrigation system for McKinney Park for approximately two acres which includes the ball field and all landscape areas, as follows: Messick Irrigation Dobson Irrigation Water Systems Aqua Tech $15,700 $19,963 $25,250 $29,400 City Manager Saunders stated the City has used Messick Irrigation successfully in the past and he recommended awarding the bid to them. 98-382 A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously to award the McKinney Park irrigation system bid to Messick Irrigation for $15,700. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 11 Street Reclamation City Manager Saunders stated that the City has applied asphalt rejuvenator to approximately 20% of the streets on an annual basis for several years which has proven to lengthen the life of asphalt. He requested Council approval to take advantage of the City of St. Petersburg's bid with Pavement Technologies, Inc. and stated that the cost will be $27,397.30 for this year. 98-383 A motion was made by Council Member Biddle, seconded by Council Member Wolfe, and carried unanimously to approve using the City of St. Petersburg's bid with Pavement Technologies, Inc. for the 1999 street rejuvenator applications. 4'h Street Well Inspection City Manager Saunders stated that regular inspections are made of the City's wells and bids were received for the 4'h Street Well inspection as follows: Meredith Environmental $4,750 Ellis Well $4,895 Patterson $5,700 Lockwell $5,375 City Manager Saunders recommended Meredith Environmental and stated their past performance with the City has been very satisfactory. 98-384 A motion was made by Council Member Wolfe, seconded by Council Member Lamb, and carried unanimously to award the 4 ,h Street Well inspection to Meredith Environmental for $4,750. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 12 Waterfront Park (4th Street Cul-de-Sac, Parking and Stormwater) City Manager Saunders stated that only two bids were received for the 4 th Street Cul- de-Sac, parking and stormwater project at the Waterfront Park. He recommended rejecting all bids and rebid the project. 98-385 A motion was made by Council Member Biddle, seconded by Council Member Brown, and carried unanimously to reject all bids and rebid the Waterfront Park 4tt' Street Cul-de-Sac, parking and stormwater project. Plat Approval - Stratford at Kings Ridge City Manager Saunders stated that staff is recommending a final plat approval of Stratford at Kings Ridge which is another section of the Kings Ridge development that has previously been approved both as a DRI and a PUD by the City. He stated that the plat has been reviewed for consistency and legality and meets all criteria for recording. 98-386 A motion was made bY Council Member Wolfe, seconded by Council Member Brown, and carried unanimously to approve the final plat for Stratford at Kings Ridge. AUDIENCE COMMENTS Suzy Gibson thanked the Council for their action regarding Wal-Mart and stated she had the traffic study submitted by Wal-Mart independently reviewed which showed serious problems. Charles Forth thanked the Council and City Manager Saunders for resolving the lighting problems at the elementary school tennis courts which are used by the YMCA for street hockey. He mentioned that he has served as a member of the Lincoln Park Task Force and has submitted a request to serve on the Planning & Zoning Commission. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING DECEMBER 8, 1998 Page 13 There being no further business or discussion, the meeting adjourned at 9:15 p.m. Harold S. Turville, Jr. Mayor FORM.8,BL MI IORANDUM' OF VOTl 'CONFLICT FOR COUNT , MUNICIPAL, AND' OTHER LOCAL' 'PUBLIC OFFICERS LAST NAMI:--FIRST NAME--MIDDLE NAME ~DDllESS CITY COUNTY DATE ON WHIC'H VOTE (X.'CURRED NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY° OR COMMI'I'rEE THE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMI'I'rEE ON WHICH I SERVE IS A UNIT OF: ,/CITY ~ ' COUNTY I; OTHER LOCAL AGENCY · NAME OF POLITICAL SUB, DIVISION: ::Z.;gY POSITIQN 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 ~ 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 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 the nature of your interest in the measure on which you are abstaining from voting; amJ 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 inu~s 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 thc 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(]K%I ~H Iii. Ill IF YOU MAKE NO A'FFEMPT TO i'NFLUENC'E T~I~ DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETIi · You' should disclose orally thc nature of. your conflict in thc measure before participating. · You should complete the form and file it within 15 days nfter the vote occurs with the person responsib!e for recording the minutes of the meeting, who should incorporate the form 'in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST --__ ,. . o. (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 ~__.~z~~J ~ , by whom I am.r.c~.ah~-d~. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed 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 $$,000. 'E FORM lib. December 23, 1998' I, Spcc~y Wolfe, came to City Hall to sign the form indicatA~ng that I abstained frcm voting on a CUP at the December 8, 1998 City Council Meeting. The form could not be found at the time I was at the office.