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02-24-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 24, 1998 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 Wolfe, Council Member Brown, and Council Member Norquist. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker and Clerk Maxwell. INVOCATION The Invocation was offered by Council Member Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the regular Council Meeting held February 10, 1998 were approved as presented. CITY MANAGER SAUNDERS' REPORT Tree City USA City Manager Saunders reported that the National Arbor Day Foundation and the Department of Agriculture designated the City of Clermont as a Tree City USA for 1997. He stated this was the seventh year Clermont has received that honor. Orange Blossom Breakfast City Manager Saunders invited everyone to the Orange Blossom Breakfast which is sponsored by the City of Clermont on March 6, 1998 at 7:30 a.m. The honored speaker will be Dr. John Hit/, President of the University of Central Florida. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 Page 2 COUNCIL MEMBER COLE'S REPORT Council Member Cole spoke of the recent tornado disaster and the possibility of using sirens for such disasters. City Manager Saunders will investigate. COUNCIL MEMBER WOLFE'S REPORT Tornado Relief Council Member Wolfe reported that Jennifer Elswick has asked for volunteers, food and goods for tornado relief. The collection point is Publix Supermarket on Saturday, February 28 from 9:00 a.m. to 3:00 p.m. or Micki Blackburn Realty anytime previous to Saturday. Walmart Proposed Location Council Member Wolfe asked that the letter from the South Lake Development Council objecting to the proposed Walmart location on adjacent to RaceTrac on Highway 50 and U.S. 27 be entered into the record. City Attorney Baird stated it is not appropriate to enter the letter into record until the public hearing. MAYOR POOL'S REPORT Tornado Assistance Mayor Pool stated the volunteer firefighters have offered their services in the search and rescue mission and Public Works Director Davis has offered City equipment to the City of Winter Garden to help with the tornado disaster. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 Page 3 St. Johns River Water Management Cleanup Day Mayor Pool stated that March 21 is the St. Johns River Water Management cleanup day. He encouraged all Council Members to volunteer in the cleanup, meeting at the Waterfront Park at 8:00 a.m. VISITORS WITH BUSINESS South Lake YMCA - Request to Use Highlander Hut City Manager Saunders stated that the YMCA is requesting the use of the Highlander Hut for their summer day camp program running from May 25 through August 7. They are requesting the continued reduced rate of $20 per day. The normal rental rate for the building would be $7.50 per hour, or $82.50 per day for the summer day camp. The daily fee per child for the YMCA summer day camp program is $65 for members and $85 for non members, and they expect approximately 50 per week to participate in this program. 98-070 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve the use of the Highlander Hut to the YMCA for the summer day camp program from May. 25 through August 7 at the reduced rate of $20, with cleaning costs to be added, if necessa~.. 1st Church of the Nazarene - Resolution No. 990 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for the expansion of an existing church located at 101 N. Grand Highway. Mayor Pool read Resolution 990 by title only and stated that a Quasi-Judicial hearing is required for this request, 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 Don Harris, 612 Grand Highway and Chester Hershey, 10045 Lake Louise Road, Clermont CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 Page 4 Chester Hershey, Assistant Pastor of the 1s~ Nazarene Church sated that the proposed addition will be a family center for youth and families for the whole community. City Manager Saunders stated the expansion consists of the construction of one additional building which will function as a multi-purpose family center. They will also dedicate the necessary right-of-way to re-align the intersection on Mohawk Road and Grand Highway. One variance is also being requested in conjunction with the Conditional Use Permit which is to allow a height of 48' for the erection of a new steeple with the existing code allowing a maximum height of 35'. City Manager Saunders sated that the Planning and Zoning Commission and staff recommend approval with the conditions as outlined in Resolution No. 990. Mayor Pool read a letter from Mr. Adams who sated he is against the variance request and feels the Church should comply with the City's regulations. Council Member Wolfe asked whether the present height limit should be amended separately from the other proposed Land Development Regulations amendments. 98-071 A motion was made by Council Member Norquist, seconded by Council Member Brown, and carried unanimously by roll call vote to adopt Resolution No. 990 and grant a height variance of 48'for the erection of a steeple for the 1~ Nazarene Church at 10! N. Grand Highway.. Cathey's Coffee - Resolution No. 991 City Manager Saunders sated that the applicant is requesting a Conditional Use Permit for the operation of a combined retail business and coffee shop restaurant in the CBD Central Business District located at 719 West Avenue (east side of West Avenue south of Montrose Street). Mayor Pool read Resolution No. 991 by title only and sated that a Quasi-Judicial hearing is required for this request, 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 Bill Everage, 104 E. Osceola, Mirmeola. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 Page 5 City Manager Saunders stated that under our current ordinance, three additional parking spaces will need to be provided and Condition//2 in Resolution 991 allows three options for providing this space. The Planning and Zoning Commission and staff recommend approval with the conditions as stated in Resolution 991. Council Member Norquist asked about modifying the intersection at West Avenue and Montrose Street. City Manager Saunders stated that a meeting was held on that site today and they agreed to temporary traffic control devices. Next budget year will include a traffic island. Mayor Pool closed the public hearing. 98-072 A motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously by roll call vote to adopt Resolution No. 991. Mark Chodos - Resolution No. 992 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for the operation of a restaurant with temporary mulch parking in the Central Business District to be located at 550 West Avenue. Mayor Pool read Resolution No. 992 by title only and stated that a Quasi-Judicial hearing is required for this request, 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 Mark Chodos, 10411 C.R. 474, Clermont. Mark Chodos explained he intends to rebuild an old house and make it into a cafe-type restaurant. City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval with the temporary use of mulch parking. Mayor Pool closed the public hearing. 98-073 A motion was made by Council Member Brown, seconded by Council Member Wolfe, and carried unanimously by roll call vote to adopt Resolution No. 992. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 Page 6 NEW BUSINESS Property Purchase - Dole-Citrus Property Access City Manager Saunders stated he has investigated acquiring right-of-way to the former Dole-Citrus property. At the last meeting the City Council authorized the staff to move ahead with the purchase of the Ellrodt property needed for the access road. He requested Council's approval for the purchase of the strip just north of the Ellrodt property which is owned by Mr. Chodos. He recommended offering Mr. Chodos the same price per square foot that is being offered Mr. Ellrodt for his property which would total approximately $13,600. The property just north of Mr. Chodos is owned by the City. North of the City's parcel is owned by Mr. Norquist who has indicated his willingness to deed this property to the City. A small triangular piece is adjacent to Mr. Norquist's property owned by Mr. Sutton who has indicated he is willing to work with the City. Council Member Wolfe was concerned about purchasing the Chodos property without knowing if the Ellrodt property can be purchased. Mark Chodos confirmed that he was willing to sell his property and suggested holding a workshop with all the property owners concerned. 98-074 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried four to one with Council Member Wolfe voting nay. to authorize Staff to present an offer of purchase to Mark Chodos. City Manager Saunders stated City Attorney Baird prepared an agreement regarding trading Mr. Norquist's property with City property in that area. The square footage of City property traded for Mr. Norquist's property will be equal to or less than Mr. Norquist's property. 98-075 A motion was made by Council Member Cole, seconded by Council Member Brown, and carried unanimously with Council Member Norquist CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 Page 7 abstaining to authorize developing an exchange agreement determining the square footage with Ken Norquist. 98-076 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried four to one with Council Member Wolfe voting nay. because an option is not included to authorize staff to negotiate with Mr. Sutton for his parcel. City Manager Saunders stated that the Council offered Mr. Ellrodt $30,000 based on the appraisal and Mr. Ellrodt responded with a price of $40,000. He also offered to pay for another appraisal. 98-077 After discussion, a motion was made by Council Member Norquist, seconded by Council Member Cole, and carried four to one with Council Member Wolfe voting nay to offer Mr. Ellrodt $35,000. Property Purchase - Fire Station City Manager Saunders stated that for several months they have investigated potential sites for a new fire station. The City Council had previously authorized staff to offer to purchase property located at the intersection of Highway 50 and 2nd Street, however were unable to negotiate the purchase. He stated that he and Fire Chief Bishop have identified another site located on the south side of Highway 50 between 4th Street and 5m Street that is suitable for the new fire station. The property has approximately 100' of frontage on Highway 50 and extends approximately 220' south to Chestnut Street with 100' of frontage on Chestnut Street. He requested the Council's approval to negotiate the purchase of this property which will be brought back to the Council for approval. 98-078 After discussion, a motion was made by Council Member Wolfe, seconded by Council Member Cole, and carried unanimously to authorize staff to CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 Page 8 enter into negotiations for the purchase of the property, between 5th Street and 4'h Street for a new fire station site. Lincoln Park Recreation Area City Manager Saunders stated that the suggestions from the Parks and Recreation Committee have not been incorporated on the conceptual site plan which consist of relocating some of the amenities. The improvements that are recommended by the Park and Recreation Committee were taken from a wish list of improvements presented to them by the Lincoln Park Task Force. The improvements include the addition of lighted volleyball court, new playground equipment, a picnic pavilion with restroom facilities, and a softball field. Also proposed is the resurfacing of the two basketball courts, new goal posts, and lighting for the east court. Other support items such as picnic tables, benches and water fountains will also be provided. An exercise trail around the perimeter is also proposed, but is not shown on this preliminary plan. He requested Council's approval of the conceptual improvements to present to the School Board to request a long-term lease of the property as well as make a more informed presentation to the South Lake Development Council in our request for grant funds. 98-079 A motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously to approve the conceptual site plan for the Lincoln Park Recreation Area. Council Workshop Council Members agreed to hold a workshop on Thursday, March 5 at 6:00 p.m. in the Council Chambers to discuss downtown parking and other matters. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 24, 1998 Page 9 There being no further business or discussion, the meeting adjourned at 9:05 p.m. Robert A. Pool, Mayor Attest: ~J:osep~erk l COUNTY, MUNIC;PAL, AND* OTHER LOCAL* 'PUBLIC OFFICERS LA.""~ ~ ~'~E~ ~ MAILING ADDRESS NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE uist, Ken , Council Member, Clermont Cit~, Council THE It(')ARD. COUNCIl.. COMMISSION, AUTHORITY. OR COMMITTEE ON CITY COUNTY DATE ON ~VHI(.'H VOTE O(.'CURRED ,.W.~ I SERVE IS A UNIT OF: ~ '.. COUNTY I ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: 'MY POSITION IS: ELECTIVE .. APPOINTIVE WHO MUST FILE FORM 8B This form is for use by a. ny person serving al the county, city, or other local level of government on an appoinled 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 lo 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; 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 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 meeling prior to consideration of the matter in which you have a eonniet of interest. IF YOU MAKE N0..A'ITEMPT TO l' .., · . THE DECISION EXCEPT BY 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 15 days after the vote occurs with the person responsible for recording the r of the meeting, who should incorporate thc form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, %-(~,o ~(~ 0 f~ ~'l~ '~' , hereby disclose that on (a) A measure came or will come before my agency which' (check one) ,./inured to my special private gain; or ~ ~c ¼,~ ,,,~ e ~ ~ inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Date Filed ' ~ignature ' / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317 (1985), A FAILURE TO MAKE ANY REQUIREI DISCLOSURE CONSTITUTES GROUNDS FOR ANI5 MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPEI~SION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. FORM gB · Ifl. R6