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08-12-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 12, 1997 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 Sargent, and Council Member Norquist. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Whitlock. 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 July 22, 1997 were approved as presented. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee invited everyone to the South Lake Chamber of Commerce breakfast on Friday, August 15 at Jenkins Auditorium at 7:30 a.m. The Labor Day events at the Waterfront Park on August 29 to September 1 have been expanded. COUNCIL MEMBER NORQUIST'S REPORT Mission Statement f°r Dole Property Council Member Norquist requested that a mission statement be developed for the recently acquired Dole property. He stated is would help citizens realize what the Council's goals are. Staff could draft a statement such as: utilize the property to the best purpose of the citizens of Clermont and South Lake County, and to re-vegetate and restore the property to a more natural state, keeping parking to a minimum serving Clermont citizens and South Lake citizens first. Additional off-site parking CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 2 could also be pursued. Community input for ideas to meet these goals should then be actively pursued. 97-144 A motion was made bY Council Member Norquist, seconded bY Council Member Cole, and carried unanimously to develop a mission statement for the use of the Dole property_ with communi~_ input pursued for ideas to meet the goals. VISITORS WITH BUSINESS Hospice of Lake & Sumter, Inc. - Variance Request City Manager Saunders stated that the Hospice Foundation is requesting a variance to our required 25' front yard setback for Lots 26-32 in the Edgewood Lakes subdivision. The lots are located on Brooke Court and Bloxam 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. City Clerk Van Zile swore in the following: Don Harris Christine Sette Ted Williams Barbara Forte Steve Sette Catherine Wolfe Greg Chapman Roger Snow 612 Grand Highway, Clermont 518 Brooke Court, Clermont 12300 Lane Park Road, Tavares 210 Bloxam Avenue, Clermont 518 Brooke Court, Clermont 1275 W. Lake Shore Drive, Clermont 107 Division Street, Clermont 610 E. Grand Highway, Clermont Ted Williams, Director of Hospice of Lake and Sumter Counties stated that a generous donation was made of seven lots in the Edgewood Lakes subdivision. They will most likely sell the lots and use the proceeds for patient care in Lake and Sumter counties. Several builders who inspected the lots for building single-family homes and report that because of the steep slope, a variance from 25' to 17' for front setback is necessary. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 3 Catherine Wolfe of Micki Blackburn Realty stated that Ted Williams asked her office to list the lots. Hospice is a very worthy organization and $40-60,000 may be raised which would greatly benefit them. They spoke to all the home owners in the area except one that was not home and no one opposed the possibility of single-family homes, however most did have a problem with~ multi-family homes. Don Harris stated one of his major concerns was the square footage of the homes to be built. The area was originally deed-restricted with 1,200 square feet minimum and all present homes are over 1,200 square feet. City Manager Saunders stated that any deed restrictions that are existing would still be in effect. Steve Sette stated he would like to see the neighborhood finished. City Manager Saunders stated these lots are hampered with a severe slope which creates a hardship. Staff recommends approval of the request. Mayor Pool closed the public hearing. Council Member Dupee declared a conflict of interest as she is secretary for the Board of the Hospice of Lake and Sumter. 97-145 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously with Council Member Dupee abstaining, to grant a front set-back variance of 17' rather than 25' on Lots 16-32 in Edgewood Lakes Subdivision. Dave's Chevron Station - Variance Request City Manager Saunders stated the applicant is requesting a variance to allow a 15' front setback rather than the required 30' for a canopy for Dave's Chevron Station located on the southeast corner of Highway 27 and Grand Highway. The existing canopy is set back approximately 14'. The new canopy will be set back 15' and will extend north and south of the existing canopy. CITY OF CLER~IONT REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 4 97- 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 the following: Adam Dionna Cal Letchworth Greg Homan 911 Hyacinth Court, Apopka, FL 32703 204 Milford Haven Cove, Longwood, FL 32779 20570 Sugar Loaf Mt. Road, Clermont, FL 34711 Adam Dionna of Florida Petroleum Services stated that in order to update Dave's Chevron service station on 198 N. U.S. 27, a canopy needs to be constructed. The canopy cannot be placed on the property within the setbacks without removing the building. They would suffer a hardship if they were not able to upgrade because of their inability to compete with other modern competition. Chevron has strict marketing requirements which include providing a canopy. Greg Homan, an owner of the adjacent Citrus Tower stated that he is in favor of the variance if it will help Dave's Chevron upgrade. City Manager Saunders stated that the existing canopy is set back only 14'. The new canopy is proposed to be placed 15' back, but it would also extend further north and south. Historically, the Council has granted set back variances for extensions of structures as long as they do not encroach any further into the set backs than the original structure and as long as they do not create other problems. Staff recommends approval of the request since the existing canopy is now set only 14' from the right-of- way line. Mayor Pool closed the public hearing. 146 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to grant a 15' canopy set back variance rather than 30'for Dave's Chevron Station at 198 N. U.S. 27. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 5 Lady Gems Softball City Manager Saunders stated that Richard Figueroa is requesting that the City waive the rental fees for Lady Gems Softball for the use of two fields at Palatlakaha Recreation Area. The Lady Gems Softball is a 16 and under girls softball team that travels throughout Florida playing in N.S.A sanctioned softball tournaments. Mr. Figueroa would like to stage a tournament here on the weekend of September 20-21. The normal fees for the use of a field are $15 per hour. He recommended that the same consideration be given to this team as we do for the Little League tournaments which would be to charge the lower of $15 per hour rate or the actual costs incurred for maintaining the facilities for the weekend event since a tournament on the weekend requires City employees to work overtime hours on the weekend to prepare the fields between games. 97-147 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to charge the lower of $15 per hour rate or the actual costs. Florida Freewheelers City Manager Saunders stated that the Florida Frecwheelers are requesting use of the Waterfront Park for the start and finish area for the 18th annual Horrible Hundred bicycle ride. They are requesting that the parking fees be waived for the day of the event which is November 16, and in return they will donate 24 children's bicycle helmets to the City which our Police Department can give to children as a part of our bicycle program. They will provide additional portable toilets as needed and will provide clean-up after the event. This event has been held several years at this location and he recommended approval of the request. 97-148 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve the use of the Waterfront Park with parking waived on November 16 to the Florida Freewheelers for the 18th annual Horrible Hundred bicycle ride. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 6 The Citrus 200 City Manager Saunders stated that the Southwest Florida Cycling Federation is requesting the use of the Waterfront Park for their finish line for the September 28 Citrus 200 event which is a 200 mile bicycle ride from Ft. Myers. They propose to set up for the event on Sunday afternoon around 5:00 p.m. with the first riders expected around 6:00 p.m. with the total number of riders between 30-35. They plan to provide a buffet for their participants and take care of all clean-up following the event. He recommended approval of the request. 97-149 A motion was made by Council Member Cole, seconded bY Council Member Sargent, and carried unanimously to approve the Southwest Florida Cycling Federation to use the Waterfront Park for the Citrus 200 biking event on September 28. NEW BUSINESS Grant Approval - Florida Department of Environmental Protection City Manager Saunders stated that the Council has previously approved the $100,000 Florida Department of Environmental Grant. He requested approval of the corresponding grant agreement between the City of Clermont and the Department of Environmental Protection for the grant. This is for the next phase of the Waterfront Park which would include renovation of the existing pavilion, an extension of the Rail Trails from the intersection of East Avenue and Lake Minneola Drive to the north boundary of Clermont Middle School, a small fishing pier near the end of 5th Street, a boat docking facility for day use and access to the beach, additional parking between 5th Street and 4th Street, and other related support improvements. 97- 150 A motion was made bY Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to approve the Florida Department of Environmental $100,000 Wate _rfront Park improvements Grant agreement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 7 William Oleyar - Stipulation Agreement John Di Massi stated he represented Mr. Oleyar who owns the 8-unit apartment building on E. DeSoto Street. Mr. Oleyar purchased the building in 1993 in the existing condition which is in need of repair. He has been trying to market the property and about a month ago he found a buyer. The Code Enforcement Board, however, issued an order for demolition on July 15. He stated he has talked with City Attorney Baird regarding entering into a stipulated agreement whereby the apartment complex would be rebuilt within a required time. He stated that an architect has inspected the building and determined it to be only 37% destroyed. Planning Director Harker stated that three fires occurred in the complex in 1991 and the staff has been involved since that time. The Police and Fire Departments have been called to the property numerous times. The Comprehensive plan states, "by the year 2001, the current 31 substandard units shall be eliminated and Policy 2-1 states that Code enforcement activities shall be increased to ensure violations are corrected in a timely manner as provided by City code. He stated that the Land Development Code specifies that if a non-conforming property has been abandoned for 12 months, it shall not be re-established. He also explained that the 50% applies to the appraised value which the 1991 tax roll shows as $53,610 and the improved value $39,907, the 1996 tax roll shows the $14,349 with the improved value $733. He stated that Mr. Oleyar has been issued a building permit to rebuild but nothing was done and the permit has since expired. City Attorney Baird stated that he has talked with Mr. Di Massi who stated there was a purchaser for the property. He advised Mr. Di Massi that the City would probably be interested in getting the property up to Code. If the purchaser were able to bring it up to Code the Counsel would probably enter into an agreement to allow him to rebuild. Mr. Di Massi indicated they may appeal the Code Board decision, which could be lengthy. He proposed a stipulation. Since that time we discovered that the land use for this property is two units and an 8-unit structure would not be allowed unless it is grand-fathered in. Tonight's decision is to allow to bring the building up to Code. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 8 City Manager Saunders stated that bringing the building up to Code means all Codes, which includes densities. A building permit would not be allowed for 8-units. He stated the Planning Department and Code Enforcement Board should be supported, however, the legal aspect should be also considered. City Attorney Baird recommended to follow the stipulation except the 8-units. Mr. Di Massi said their goal is to achieve Code compliance and the new purchaser, Mr. Sing is willing to clean up the property, and the adjoining property. 97- 151 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to not approve entering into the stipulated agreement for 796- 798 DeSoto Street. Demolition of 796-798 DeSoto Street City Manager Saunders stated that four quotes have been received for demolition of the 8-unit condemned structure at 796-798 E. DeSoto Street. He recommended approval of the low quote from Boykin Enterprises of $11,850. Quotes are as follows: LVI Demolition Services Boykin Enterprises TVM, Inc. Franklin James, Inc. $12,502 $11,850 $16,875 $12,750 97-152 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the quote from Boykin Enterprises of $11,850for demolition of the 8-unit condemned structure at 796-798 DeSoto Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 9 M.J. Altman Co., Inc. Finance Director Van Zile recommended entering into an agreement with M.J. Altman Co. for collection of delinquent receivables. Delinquent accounts typically amount to about one-half of one percent of the total accounts. The fee is collected from the delinquent account holder. This was discussed with the Council at the last workshop. 97- 153 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve the agreement with M.J. Altman Co. _for collection of delinquent receivables. Signal Maintenance City Manager Saunders stated that our traffic signal maintenance is currently with Control Specialists, Inc. Lake County now has a traffic signal maintenance division. and provides maintenance for signals in other cities. They propose to maintain our signals as outlined in the enclosed agreement. The cost for maintaining the signals will be approximately $8 per signal per month above the current cost now being paid to Control Specialists, Inc., however, the level of service that we will receive from the County appears to be better. Other cities currently using Lake County service include Eustis and Lady Lake who state they are pleased with the service that is being provided. He and Public Service Director Davis recommend approval of the agreement with Lake County. 97-154 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to enter a contract with Lake Count_ for traffic signal maintenance. Highlander Hut City Manager Saunders stated that the Highlander Hut is in need of an immediate re- roof'mg according to our Public Services Department. Four quotes have been received for the roof'mg as follows: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 10 Smith Roofing $4,680 Bill Bass $4,800 Guy's Roof'mg $6,000 C.L. Martin $7,800 City Manager Saunders recommended approval of the low quote of $4,680 from Smith Roof'mg. 97-155 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to award Smith Roofing the re- roofing of the Highlander Hut _for $4,680. 97- Referendum City Manager Saunders stated that last year a referendum was placed on the ballot to allow the Council to gram ad valorem tax exemptions to new businesses and expansions of existing businesses. Council Member Dupee has asked that the Council consider placing this question on the ballot again this year. It was narrowly defeated by the voters last year. 156 A motion was made b.y Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to include a referendum on the general election ballot to allow the Council to grant ad valorem tax exemptions to new businesses and expansions of existing businesses. PUBLIC COMMENTS Don Harris asked what square footage requirements were approved for the Comprehensive Plan a couple of years ago. City Manager Saunders stated that the square footage requirements is dependent upon zoning. He recommended that Mr. Harris call Planning Director Harker, who will have all that information. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING AUGUST 12, 1997 Page 11 There being no further business or discussion, the meeting adjourned at 9:08 p.m. Attest: Robert A. Fdol~Mayor FORM 8B MEMORANDU'M'OF VOTlliI *CONFLICT FOR COUNTY, MUNICIPAL, AND OTF ER LOC' L ·PUBLIC OFFICERS [.%AME--FIRST NAME--MI~,~E NAME ' CITY COUNT,~ DATE ON WHI('H VOT~. (K'('URRED N~D, ~i~OU~L,'k'-'''''~''/~ ~ I' ~ ~ ~ COMMISSION.~AUTHORITY, OR COMMITTEE THE BOARD. COUNCIl... COMMISSION, AUTHORITY. bR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~CITY i ~ COUNTY I ! OTHER LOCAL A(;ENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: . ,,~ 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 !12.3143, 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 governmenl agency) by whom he is retained. In either case, you should disclose the conflict: PR'IOR..T.O THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are absiaining 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 THE 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 meeting prior to consideration of the matter in which you have a conflict of interest. I I(IR\I nH III.Nfl PAG,~ IF YOU MAKE NO ATTEMPT TO INFLUENC'E THE DECISION EXCEPT BY DISCUSSION 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 minutes of the meeting, who should incorporate the form in the minutes. ' ,~Vt,/~ ~-~_~ (~)X u"~</--. DISCLOSURE OF STATE OFFICER'S INTERESTI I, . ~4_..'-'-',..,.v ~_...----~ , hereby disclose that on <~ ]c:~-.-__ (a) A measure came or will come before my agency which' (check one) ~ inured to my special private gain; orJ ~~ ~ (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Signature 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 $5,000. 'E FORM