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05-27-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, May 27, 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 Dupee, Council Member Sargent, Council Member Norquist and Council Member Cole. 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 May 13, 1997 were approved as presented. UNFINISHED BUSINESS Final Reading of Ordinance 324-M Mayor Pool stated that Ordinance 324-M will be addressed fa'st because of the large number of people in attendance. City Manager Saunders read Ordinance 324-M by title only. He stated it will rezone the former Dole-Citrus property and the adjacent City-owned property that was previously used as the City garage from C-1 Light Industrial and R-3 Residential/Professional to Central Business District. He explained that there are currently four issues concerning the downtown area: Community Redevelopment Agency (Resolution 950) which will provide funds for the downtown area. Relocating the City's boat ramp from the Clermont Waterfront Park area to the newly acqUired Dole-Citrus property. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 2 o Proposed dry dock storage area on the old City garage property which adjoins the Dole-Citrus property. Rezoning of the old City garage property and newly acquired Dole-Citrus property from C-1 Light Industrial and R-3 Residential/Professional to CBD Central Business District. City Manager Saunders stated that Ordinance 324-M addressed the rezoning only. He showed a map of the .proposed rezoning area and explained the required setbacks and permitted uses of the C-i, R-3 and CBD zones. He explained that the Department of Community Affairs questions spot zoning which the proposed rezoning will correct. He explained that a marina would be allowed in the current zone and rezoning to Central Business District will not affect it. 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 Matthew Modica, 431 Minnehaha Ave., Clermont. Matthew Modica stated that most people in attendance were opposed to the marina. Jimmy Crawford stated he is the attorney for CBS Builders. He reviewed the permitted used allowed in the Central Business District zoning. He stated he was very concerned about encroachments and proposed access. The easement on 1 lth Street is only 40' wide and usually 60' is minimum. He stated there is no need to rezone unless it is for increased impervious surface. Charles W. Forthe, Jr., 939 W. DeSoto Street, Clermont was sworn in by City Clerk Van Zile. Mr. Forthe stated other areas brought into the Central Business District include residential areas that have existed since the early 1900's. He felt the CBD zone was inconsistent to the residential property owners and is opposed to the expansion of the CBD. Joseph Wright, 1132 Lake Minneola Drive was sworn in by City Clerk Van Zile. He stated he is opposed to the R-3 residential zone change in the area. He lives in this area and represents residents in that area. They feel they are being pressured by the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 3 zone change and closing them out even further. A marina would close them out further and they don't want it next to their homes. Joe Washuta, 847 W. Minneola Avenue was sworn in by City Clerk Van Zile. He didn't see the need to rezone. He thought the City should put in parking because of the shortage of parking in the area. Parking will be worse in the new location than at the present boat ramp area. Paul Andrea, 5951 Lake Nellie Road, Clermont was sworn in by City Clerk Van Zile. He stated he has fished Lake Minneola since 1948 and the quality of fishing relates directly to the quality of water. The quality of water is directly related to the quality of our lives. If this affects the fishing habitat, he is against it. Richard Langley, 700 Almond Street, Clermont was sworn in by City Clerk Van Zile. He stated he was the City's attorney from 1965 to 1972. The City passed a plan that gave CBS Builders 15 years to get out of town. The plan was for the area to be nice multi-family housing. A civil rights suit could be possible with all black residents. He asked what is the .hurry and why not wait until we see what is going in there. Lawson Wolfe, 1275 W. Lake Shore Drive, Clermont was sworn in by City Clerk Van Zile. He stated CBS Builders has been located for 52 years in the area just south of the proposed zoning change. The proposed zone change to CBD Central Business District allows 100% of impervious use rather than 60% allowed in a M-1 zone. The Planning and Zoning Commission voted to leave the zoning alone. This area is not part of the downtown business district. It doesn't make any sense to lease this to private enterprise. He doesn't like the City being involved in private enterprise. He doesn't want the marina to mess up the lakes. He thought that building a community center in the area would be appreciated. He is against a marina. George Wood, 607 DeSoto Street, Clermont was sworn in by City Clerk Van Zile. He reminded the Council about the Charrette and the consensus was to move the boat ramp west of West Beach. If the rezoning is to put the boat dock in the area, then he is against it. The majority of people at the Charrette wanted it out of the City. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 4 Elaine Renick, 1974 Brantley Circle, Clermont was sworn in by City Clerk Van Zile. She stated she was a new resident and she moved to Clermont because of the beauty of the lakes and the quiet. She moved away from an area where they made mistakes she felt the Council may be about to make. She stated this would impact the area negatively. Bob Wade, 1363 Lake Shore Drive, Clermont was sworn in by City Clerk Van Zile. He stated the traffic would be too much for the area. The property could be used in better ways. We need to sit back and look at it again. The marina will not really enhance any of the downtown business. Charlene Harrison Forthe, 939 W. DeSoto Street was sworn in by City Clerk Van Zile. She stated that she and her husband had recently acquired her grandparents' home on DeSoto Street. She stated the homes were there first and she was concerned about what will happen if it is rezoned. Martin Wright, 969 Chestnut Street was affirmed by City Clerk Van Zile. He stated he didn't want the area rezoned. City Manager Saunders stated that whether the City Council approves or disapproves the rezoning doesn't make any difference as to the proposed development of the property. Jimmy Crawford questioned whether a marina would be a permitted use or a conditional use and that storm water requirements are exempt in a CBD zone. City Manager Saunders stated that only a conceptual idea had been submitted for the marina and the next step is a site plan, and at that point a public hearing will be held. He stated that a CBD zone does not exempt storm water requirements. He stated an Evaluation and Appraisal Report (EAR) is required this year to the Department of Community Affairs. When the report is submitted, the zoning maps should be in order. The report is due in March, but needs to be completed 90 days prior. Pam Jones, 1269 Lake Shore Drive was sworn in by City Clerk Van Zile. She asked what will happen if the map isn't changed. Planning Director Harker stated the zoning and land use needs to be consistent. The recent acquisition of the Dole-Citrus property enables the City to rezone it along with the old City garage property. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 5 Mayor Pool closed the public hearing. City Manager Saunders stated that staff recommends approval of Ordinance 324-M. The Planning and Zoning Commission recommended not to change the zoning. 97-092 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously with Council Member Norquist abstaining to table Ordinance 324-M. VISITORS WITH BUSINESS Mercator Properties - Variance Request City Manager Saunders stated that Mercator Properties is requesting a variance to our minimum fire hydrant spacing requirement for Lot 14 in Clermont Commons. Code requires a maximum hose lay of 200'. A 16,000 square foot building is proposed in which the current requirement of 200' would be exceeded for the back side of the building. 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: Jane Zagame Joe Butler Rick McCoy Joe Zagame 10360 Lake Louisa Road, Clermont 834 Highpoint Circle, Clermont 713 W. Montrose Street, Clermont 10360 Lake Louise Road, Clermont Jane Zagame stated they are requesting a variance from the 200' maximum hose lay. She stated Fire Chief Bishop reviewed the site. City Manager Saunders stated that Fire Chief Bishop recommended that a fire hydrant be placed on the main line across from the entrance. He did not recommend that a hydrant be placed to the rear of the building. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 6 Rick McCoy recommended that the Council look at the verbiage in the LDRs. Mayor Pool closed the public hearing. 97-093 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the request to exceed the 200' maximum hose lay_ _for Lot 14 in Clermont Commons. Bob Wade - Resolution 951 and Variance Request City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to allow the construction of a motel and two additional commercial uses for the property located south of Highway 50 along the frontage road which was previously the location of Clerview Drive In. The applicant is also requesting a variance to our maximum wall height for a wall to be located between the motel site and the northern parcel. The Code limits wall height to 6' and the applicant is requesting a wall height of 20'. Mayor Pool read Resolution 951 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: Rick McCoy Bob Wade Vivian Caffee Robert McCue 713 Montrose Street, Clermont 1363 Lake Shore Drive, Clermont 1600 U.S. Hwy. 27, S, Clermont 744 Sunnydell Drive, Clermont Rick McCoy stated the proposed motel requires a Conditional Use Permit. Two other uses are also proposed on the site. City Manager Saunders stated there are three separate parcels with the motel located in the center parcel. A centralized storm water system will serve all three parcels. Three access points will be from the U.S. Highway 27 frontage, road and one access from Hook Street. Zoning is correct for the proposed uses and staff feels this is a good use of the property. The Planning and Zoning Commission recommend approval and staff also recommends approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 7 City Manager Saunders stated that the property slopes significantly and the wall height variance request affects interior walls only. A step-down retaining wall is proposed' dividing the commercial uses. Staff recommends approval of the variance request. Mrs. Caffee stated she represented Oak Ridge Apartments and asked for information regarding the wall. Rick McCoy stated that a landscape buffer will be located on the wall. Rick McCoy asked about Condition//13 and if it will restrict access to the frontage road only. City Manager Saunders stated that the intent of Condition 13 is that there will be an internal road system. Mayor Pool closed the public hearing. 97-094 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 951. 97-095 A motion was made by Council Member Cole, seconded by Council Member Dupee and carried unanimously to approve the variance request for interior wall height of 20'for the Bob Wade motel and commercial use property, south of Highway 50. Jeffrey Biddle, Resolution 952 City Manager Saunders stated that the applicant is requesting that this request be tabled until the next Council Meeting which will be June 10. 97-096 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to table Resolution 952 until June 10, 1997. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 8 UNFINISHED BUSINESS Final Reading of Resolution 950 - Community Redevelopment Agency Principal Planner Barry Brown explained that Resolution 950 will establish the Community Redevelopment district for downtown Clermont. He stated that four years ago a Charrette was held for downtown Clermont and a consensus was reached that a Community Redevelopment Agency (CRA) which incorporates the business area from 12th Street east to 5th Street, is an practical vehicle for downtown development activities and funding sources. A CRA Board will be formed which will consist of the City Council and two citizens appointed by the Council and a redevelopment plan will be drafted. The Downtown Clermont Partnership will serve as an advisory body to the CRA Board. 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: Charles W. Forthe, Jr. Jennifer Elswick Jeff Biddle Ray Gilley George Wood Charlene H. Forthe 939 W. DeSoto Street, Clermont 757 W. Montrose Street, Clermont 915 W. Montrose Street, Clermont 737 Montrose Street, Clermont 607 DeSoto Street, Clermont 939 W. DeSoto Street, Clermont Jennifer Elswick presented a petition with 36 signatures of members of the Downtown Clermont Partnership in support of the Community Redevelopment Agency. She stated the Downtown Clermont Partnership supported the CRA and looked forward to working with the CRA board in enhancing and revitalizing Downtown Clermont. Ray Gilley stated the CRA has been a long time in coming and he was very excited about what will be forthcoming. Jeff Biddle added his. support as a resident of the area and felt the CRA is critical for redevelopment and improving downtown Clermont. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 9 Charlene Forthe advised that the diligent code enforcement will also be needed. hoped that protection of the residents is incorporated in the plan. City Manager Saunders stated that a residential/business mix has been emphasized. He recommended that Mrs. Forthe become involved in the redevelopment plan. She George Wood asked if the CRA has condemnation capacity or capabilities. Principal Planner Brown stated the City has condemnation capabilities. City Attorney Baird stated that Code enforcement has the authority to bring violations into compliance or demolish. Mayor Pool closed the public hearing. 97-097 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution 950. Final Reading of Ordinance 326-M City Manager Saunders stated that Ordinance 326-M will annex approximately 80 acres which abuts the eastern boundary of the City owned property and is the location of our East sewage treatment plant and Hancock well. Mayor Pool read Ordinance 326-M 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 Elaine Vick, 1533 Coluso Drive, Winter Garden, FL. Elaine Vick stated she represented the owner who appreciated the opportunity to annex into the City. City Manager Saunders recommended the annexation. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 10 97-098 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Ordinance 326-M. Final Reading of Ordinance 327-M City Manager Saunders stated this ordinance will rezone the 80 acres annexed by Ordinance 326-M from UE Urban Estate to R-1 Urban Residential. He recommended approval of the rezoning. Mayor Pool read Ordinance 326-M 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. Elaine Vick, 1533 Coluso Drive, Winter Garden, FL was sworn in by City Clerk Van Zile. Elaine Vick stated the owner was in favor of the rezoning. 97-099 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Ordinance 327-M. NEW BUSINESS Code Violation Demolition City Manager Saunders stated that the Code Enforcement Board has ordered the demolition and removal of a dilapidated building at 752 E. Broome Street. Four quotes have been received for the demolition with the low bid being from Boykin Enterprises, Inc. in the amount of $2,750. Other quotes were received from Roger Facemire in the amount of $3,150, Franklin & James in the amount of $3,618, and TVM, Inc. in the amount of $4,450. Council Member Dupee noted that Boykin's quote did not specify removal of the slab. City Manager Saunders stated that they will confmn that it will be removed for that price. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 11 97-100 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to award the quote for the demolition of 752 E. Broome Street to Boykin Enterprises_for $2, 750 if the removal of the slab is included, and to award the quote to the next lowest _firm if the slab is not included. Benjamin Navarro Concession Request City Manager Saunders stated that Mr. Navarro is requesting permission to operate a concession trailer at the Waterfront Park on Saturdays and Sundays. A concession building is planned for construction next winter which would be placed out to bid for concession proposals. The Council approved another concessionaire of this type two years ago. He recommended granting to vendors exclusively or denying all vendors. 97- 101 After discussion, a motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to table the Concessionaire request to the June 10 meeting and offer local Civic organizations the same opportuni~. Southern Villas - Final Plat Approval City Manager Saunders stated that Southern Villas is a 52-unit townhouse development on the west side of U.S. 27 on Grand Highway and adjacent to Bloxam Avenue. They are requesting f'mal approval which he recommended subject to f'mal review by Lake County Building Department. 97-102 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to grant final plat approval to Southern Villas. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MAY 27, 1997 Page 12 There being no further business or discussion, the meeting adjourned at 10:04 p.m. -Robert A. Poo~, Mayor ~ Attest: ~s~ph E. V~rk MIE ORANDUM' FORM 8B OF v_O_TII I 'CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL' 'PUBLIC OFFICERS Iorquist, Ken , Council Member, Clermont City Council NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMII'TEE MAILIN(; ADDRESS THE IIOARI), COUNCIl., COMMISSION, AUTHORITY, OR COMMIT-tEE ON CITY COUNTY DATE ON WHICH VOTE (~.'CURRED WJ.(.~H I SERVE IS A UNIT OF: ~'; CITY ! ' COUNTY I ! OTHER LOCAL AGENCY NAME OF POLI'FICAL SUBDIVISION: POSITION IS: /ELECTIVE .. APPOINTIVE WHO MUST FILE FORM 8B This form is for use by a. ny 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 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 laced 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 lo the assembly the nature of your interest in the measure on which you are abslaining 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 (olher than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a mailer 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 o1' the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior Io consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO THE DECISION EXCEPT R 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 mir of the meeting, who should incorporale the form in Ihe minutes. DISCLOSURE OF STATE OFFICER'S INTEREST (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 (b) The measure before my agency and the nature of my interest in the measure is as follows: ,,9 , by whom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE.E~ DISCLOSURE CONSTITUTES GROUNDS FOR ANI~ 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. CE FORM RB - 10.86 O To The City of Clermont Council Members and City Manager. We a~ member~ oft. he Downtown Clermont Partnership, mer~har~ of Downtown Clermont, and/or citizens of Clermont, would like to express our support for the Community Redevelopment Agency (CRA). We look forward to working with the CRA board in enhancing and revitalizing Downtown Clermont. Thank You[ Date Signature Business 5e 0 © © Date Signature Business (if applicable)