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04-08-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 8, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 8, 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 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 March 25, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Council Members agreed to hold a Workshop on Tuesday, April 15 at 5:30 p.m. MAYOR POOL'S REPORT Mayor Pool stated that he attended a news conference announcing the relocation of USA Triathlon, the national governing body of the Olympic sport of triathlon, to South Lake Hospital, a partner in the Orlando Regional Healthcare System. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 8, 1997 Page 2 VISITORS WITH BUSINESS Stephanie's Coffee - Resolution No. 944 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for the operation of a combined retail coffee sales/professional office and restaurant with open air sales located in the Central Business District at 794 W. Minneola Avenue. The site is the former location of French's Upholstery at the corner of Minneola and 8th Street. Mayor Pool read Resolution No. 944 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 Reed Charles W. Forth, Jr. Robert Porter 796 W. Minneola Avenue, Clermont, FL 34711 979 W. DeSoto Street, Clermont, FL 34711 8501 Pine Island Road, Clermont, FL 34711 Rick Reed requested that the request be approved as the Planning and Zoning Commission recommended. City Manager Saunders stated that the Central Business District allows this type of use, however, a conditional use permit is requested because of a combined use with a restaurant. The proposed use is considered a restaurant since they will be preparing and selling sandwiches and pastries and other items to be consumed on the premises. An additional request for Open Air Sales proposes to use part of the sidewalk area for seating for the restaurant. A survey indicates that the edge of the right-of-way is adjacent to the front of the building and that all of the sidewalk area is on the City right-of-way. If the Open Air Sales is approved, staff recommends that 5' of clear area be maintained at the street edge and no seating be placed any closer than 5' from the steps that lead to the sidewalk to 8th Street. City Manager Saunders stated that parking must be addressed and Condition//2 states that the applicant will provide the required number of parking spaces either through CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 8, 1997 Page 3 on-site parking, lease agreement with other available parking, or payment into the parking exchange program. The floor plan that has been submitted indicates that a total of 5 spaces are required for the use. This does not take into account the open air seating. Should the Council approve the open air seating on the City right-of-way, additional parking will be required based on the additional square footage to be used for seating. Mr. Reed has indicated that he has purchased the property across the street from the Police Station which was previously occupied by the Melon Patch. That property does have some parking area that Mr. Reed has indicated he will utilize for meeting the parking requirement and Mr. Reed has indicated the Melon Patch building would be only used for storage. It should be noted that if in the future the building is made into a business open to the public, the parking would have to be restored. The Planning and Zoning Commission recommended approval of the use and the staff recommends approval with the conditions as stated in Resolution 944. Mr. Robert Porter questioned the parking requirements and read a section of the Zoning Regulations. He also stated he didn't think that businesses were adequately inspected regarding whether they complied with existing Conditional Use Permits nor were those businesses without Conditional Use Permits observed and given a violation notice. City Manager Saunders explained that although the Zoning Regulations stipulate certain parking requirements, the Conditional Use Permit allows the City Council to make other parking provisions. Charles Forth, Jr. stated he has visited Stephanie's Coffee Shop and he thinks it is a big asset to the City. Mayor Pool closed the public hearing. 97- 062 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 944, adding a condition to allow open air sales on the sidewalk on Minneola Street with 5' of clear space area to be maintained on the sidewalk and no seating be placed any closer than 5' from the steps that lead to the sidewalk on 8th Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 8, 1997 Page 4 Safety Storage - Resolution No. 945 City Manager Saunders stated that the applicants are requesting a Conditional Use Permit for construction of a mini-warehouse facility to be located on the west side of Highway 27 south of Hook Street. Mayor Pool read Resolution No. 945 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 the following: Robert Black 709 N. Waterview, Clermont, FL Bob Thompson 1927 Brantley Circle, Clermont, FL Bill Crawford 6012 S.R. 471, Bushnell, FL Bob Thompson stated that the request is a renewal of a Conditional Use Permit granted a year ago, however, it has been modified because he has added some drainage to the south. He stated he has received a letter stating agreement of the use from the Waterview Association. Mr. Robert Black stated he has lived in the community for 35 years and he thinks the mini-warehouse use is a good thing to go on that site. Bill Crawford stated he thought the proposed use was a good use for the land, however he is concerned about the natural drainage in the area. He asked that provisions be made to insure that the new water retention area adequately provide protection for his area. City Manager Saunders stated that the Planning and Zoning Commission has recommended approval with conditions as stated. The site is zoned C-2 and is designated UD-8 in our Future Land Use district which allows warehouse commercial use. North of the property has been developed commercial which is the location of a convenience store. Vacant property lies to the south with commercial to the east and single-family residential to the west. A Conditional Use Permit was granted last year for a similar project, however, the boundaries have been modified and the structures have been changed which creates the need for a new Conditional Use Permit. City Manager Saunders explained that the applicant is utilizing an off-site retention area located south of their site and proposes to fence this area with a typical FDOT fence. .0 CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 8, 1997 Page 5 City Manager Saunders stated he met with Mr. Crawford who owns property in the subdivision that abuts the project and Mr. Crawford is concerned with the drainage in the area. City Manager Saunders stated that although the Conditional Use Permit does require an approved stormwater system, he recommended adding one additional condition which will further clarify, as follows: The permittee Ideveloper shall be responsible for the cost and provision of all upstream and downstream stormwater improvements, appurtenances, and devices required to continue the historic drainage and stormwater flow regime patterns from adjacent properties necessitated by impacts of the development. Plans and specifications to ensure post development flood damage will not occur to adjacent properties shall be submitted to and approved by the St. Johns River Water Management District and the City Engineer prior to any development activity on the site. Prior to a Certificate of Occupancy being requested by the permitteeldeveloper, the Engineer of Record shall provide formal certification to the St. John's River Water Management District, City Manager, and City Engineer that all required elements of the stormwaterldrainage management system have been constructed in accordance with the approved stormwater management plans. Mr. Crawford thanked the City for protecting the existing residents of the area. Mayor Pool closed the public hearing. 97-063 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 945 with the addition of the above-listed condition. UNFINISHED BUSINESS Ken Norquist - Resolution No. 927 City Manager Saunders stated that Mr. Norquist has indicated he would like to table this item until the next meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 8, 1997 Page 6 97-064 A motion was made by Council Member Sargent, seconded bY Council Member Cole, and carried unanimously, with Council Member Norquist abstaining, to table Resolution No. 927 until the April 22, 1997 regular Council Meeting. NEW BUSINESS Introduction of Ordinance 324-M City Manager Saunders stated that Ordinance 324-M is for introduction only at this time and it proposes to rezone the City-owned property on Lake Minneola from R-3 residential-professional and C-1 light commercial to CBD Central Business District. Mayor Pool read Ordinance 324-M by title only. 97-065 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously, with Council Member Norquist abstaining, to introduce Ordinance 324-M. Resolution No. 947 City Manager Saunders stated that the City has received a letter from Mayor James M. Carter of the City of Port Richey asking that cities throughout Florida adopt a resolution opposing a special act of the legislature that is being considered for the abolishment for the City of Port Richey through a forced referendum to be held with their city and the city of New Port Richey. If the referendum were approved, the two cities would become one city. Mayor Pool read Resolution No. 947 by title only and opened the public hearing. Dick Langley stated that "consent" is the point. Mayor Pool closed the public hearing. 97-066 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to adopt Resolution No. 947. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIl. 8, 1997 Page 7 Change Order No. 1 - Bruce McGonical Co. City Manager Saunders stated that he is requesting approval of Change Order #1 for Bruce McGonical Co. for the Bloxam, Linden and Magnolia Street water mains. A summary of the change order indicates additional charges of $32,454.56 with deductions of $63,804.56 leaving a final change order of $31,349.98 deduction from the contract price. The deducted amount is for direct-purchase materials and the increase is for additional piping and improvements that were not anticipated until we started the job. This job has been completed and final payment to the contractor will be made following approval of the Change Order. 97-067 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve Change Order No. 1 for Bruce McGonical Co. _for $31,349.98 less than the contract price of $199, 770.45for the Bloxam, Linden and Magnolia Street water mains. AUDIENCE COMMENTS Leslie Graham stated he lives on Lake Shore Drive and he is concerned about a new wakeboard school business operating on Lake Minneola. He stated the Council issued a conditional use permit for the wakeboard school business. He has contacted the Lake County officials, state officials, and Clermont officials who state they have no controls over the business operating in Lake Minneola. Lake County stated that since it is a City business, they have no control and the State of Florida says the same thing. Mayor Pool stated that the City has no control over the Chain of Lakes and the wakeboard school would be under the same controls as everyone else who use the lakes, i.e. Lake County Sheriff's Department water patrol and the State of Florida Fish and Game Department. Sue Woods asked the date of the hearing for the old City Barn property. City Manager Saunders stated there is a public hearing scheduled for April 22. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 8, 1997 Page 8 Richard Langley stated that at a public workshop two years ago there was no support shown for building another boat ramp, and he questioned why one is proposed for the old City barn property. He asked if the City owns the railroad right-of-way on 8th Street to West Avenue and West Avenue to 12th Street. City Attorney Baird stated he would provide the answers in the morning if Mr. Langley would call him. Mr. Langley asked if the City purchased the Blue Goose (Dole-Citrus) property and was informed that the City had purchased it. Mr. Langley then asked about a small parcel deeded to the City by Ken Norquist and City Manager Saunders explained that a small triangle was deeded for the Rails Trails project. City Attorney Baird explained that a correction deed had been required. Mr. Langley asked if Osceola Street west of West Avenue had been closed. City Attorney Baird stated he has not found a document which closed Osceola Street at this area, nor does he have any indication that there ever was a street in that area. Mr. Langley referred to an easement he prepared in 1975 for Clermont Building Supply providing a 40' easement to the City to gain access to the City barn which stipulated that if the City did not use the City Barn or if another access was obtained, the easement would become void. He stated that on Monday morning the street will be blocked, however, they will consider granting a temporary easement until other access is secured by the City. Robert Porter stated he thinks the City should be more uniform with the requirements for people who come to the City. City Manager Saunders stated that a legal process is followed, however the process may not be the best but they can be improved by in the future. Juanita Beckius stated that in November of 1995 she applied for a conditional use permit to build on Juniata Street and the project was killed because of the parking condition that would have required payment of $24,000 into the parking exchange fund. Just four months later the Council allowed the borrowing of parking spaces to another business. She asked if there had been a change in the regulations. City Manager Saunders stated there was no change, however the developer made a CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 8, 1997 Page 9 proposal regarding leasing nearby parking spaces. The Council thought the proposal was appropriate and approved it in the Conditional Use Permit. Robert Porter asked about Code enforcement penalties. City Manager Saunders stated that they are asked to fix it or frees can be levied. Rick Reed stated that Planning Director Harker and his assistant were very helpful and the procedures work. There being no further business or discussion, the meeting adjourned at 8:36 p.m. Attest: Jo~ph ~E. ~erk FORM 88 M ORANDU'M' OF VOTI Ip'CONFLICT FOR COUNTY, MUNICIPAL, AND' OTHER LOC'AL ·PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMrFrEE Norquist, Ken Clermont City Council Member IAILING ADDRESS CITY COUNTY DATE ON ~,~II¢'H VOTE (X'CURRED THE BOARD. COUNCIl.. COMMISSION. AUTHORITY, OR. COMMITTEE ON //cHICH I SERVE IS A UNIT OF: ITY ! ' COUNTY i ! OTHER LOCAL AGENCY NAME OF POLll:ICAL SUBDIVISION: MY POSITION IS: · ..--'"~. ELECTIVE ... APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving al 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 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 abslaining from voting; attcl WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with thc person responsible for recording the minutes of thc 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 speciaJ gain o~4_a p=r.incipal_._(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: O oyou 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(~1,1\1 nB III-Rtl PAL;I~ 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. DISCLOSURE OF STATE OFFICER'S INTEREST I, . /f? ,~/~ CC / ~ ]/- , hereby disclose that on (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: , by whom I am retained. 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 FORM 8B M ORANDUM'OF VOTInG'CONFLICT FOR COUNTY, MUNIC AL, AND OTHER LOC'AL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMll-rEE uist, Ken " ' Clermont. City Council Member ,IAILING ADDRESS CITY COUNTY DATE O ~CX.'C U~,~R E D THF. BOARD. COUNCIl.. COMMISSION, AUTHORITY, OR COMMi'I lEE ON WHI(,;H I SERVE IS A UNIT OF: ~ '~ITY ! ' COUN'rY i ! OTHER LOCAL AGENCY 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 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 lag' 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 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; attd 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 WILk 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 Io consideration of the matter in which you have a conflict of interest. PAL; E O IF YOU MAKE NO ATTEMPT TO INFLUENCE 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. 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: , by whom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROONDs 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 RB . Iff-IR6 .... -