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03-25-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 25, 1997 A regular meeting of' the City Council of the City of Clermont was held Tuesday, March 25, 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 March 11, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Total Women of America - Request to use Fitness Trail City Manager Saunders stated that the Total Women of America has requested permission to use the Center Lake Fitness Trail for the 2nd annual Community Prayer Gathering on Thursday, May 1 at 9:30 a.m. This event was held at Center Lake last year with no problems. A motion was made bY Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the use o_f the Center Lake Fitness Trail for the 2nd annual Communi~_ Prayer Gathering on Thursday., May 1 at 9:30 a.m. by the Total Women of America. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 25, 1997 Page 2 Workshop Council Members agreed to hold a Workshop on Tuesday, April 1 at 5:30 p.m. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee invited everyone to the Orange Blossom Breakfast sponsored by the City of Clermont and Lake-Sumter Community College at 7:30 a.m. on Friday, April 2 at Jenkins Auditorium. VISITORS WITH BUSINESS Downtown Clermont Partnership - SpringFest '97 City Manager Saunders stated that the Downtown Partnership is planning SpringFest '97 for Saturday, April 5. Rose Biddle from the Downtown Clermont Partnership stated that the Classic Car show was added to the event last year and will be included this year. More children's events have been added this year and the Chamber's Business Expo will be held in conjunction with SpringFest. She also requested that Montrose Street from West Avenue to Jenkins Auditorium be closed. City Manager Saunders stated that some of the merchants requested that 8th Street remain open, however, for the safety of pedestrians, he recommended closing the street. A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve SpringFest and close Montrose Street from West Avenue to 7th Street. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 25, 1997 Page 3 Community Development Block Grant Mr. Bob Webb of Fred Fox Enterprises stated that 12 homes are completed and the remaining 12 are waiting for approval of Lake County SHIP funds. He stated the Task Force met on March 13 are recommended approval of the following change orders: Susanna Brown Change Order//2 $1,500 for the installation of a new heating unit. Rick & Latonya Roberson Change Order $375 for installation of a new air handler. Irene Abrahams Change Order $300 for installation of a 50 gallon hot water heater A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the above-listed Communi~_ Development Grant change orders. St. Matthias Episcopal Church - Resolution No. 941 City Manager 'Saunders stated that the applicants are requesting to amend the Conditional Use Permit for St. Matthias Episcopal Church to include the operation of a Montessori School and a variance is being requested to allow the driveway and parking area to be mulched rather than paved. Mayor Pool read Resolution No. 941 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. Jan Sheldon, 17521 S.R. 19, Groveland was sworn in by City Clerk Van Zile. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 25, 1997 Page 4 Jan Sheldon stated she has been a certified Montessori teacher for 14 years. The school would teach 3, 4, and 4 year old children and would be under HRS day care regulations. There will be no after school care for the children and the school will be in operation 180 days a year with an estimated enrollment of 15 with the school year beginning August 11. They request mulch parking and driveway since the school is temporary to see how it will work out. City Manager Saunders stated that the Church is located in a R-3 Residential/ Professional district. The applicant proposes to install two driveway cuts on Lake Avenue to allow one-way traffic for drop-off and pick-up. The Planning and Zoning Commission has recommended approval of the use as a Montessori School and the staff also recommends approval. The staff is recommending the approval of mulch for the 5 parking spots and the driveway area with the exception of the aprons until 1998. Council Member Dupee declared an Ex Parte communication with Priest Michael Stickweh of the Episcopal Church. A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 941, amending #4 to allow mulch parking and driveway_ (excepting aprons)_for one year. P.J. Marks - Resolution No. 942 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to allow operation of a boarding house and a business office at 931 W. Montrose Street in a R-3 residential/professional district. Mayor Pool read Resolution No. 942 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: P. J. Marks Jeff Biddle Robert Markland 931 W. Montrose Street, Clermont 915 W. Montrose Street, Clermont 990 W. Montrose Street, Clermont CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 25, 1997 Page 5 P.J. Marks stated he will be operating a wakeboard school and boarding his students at 931 W. Montrose Street. He will pick up the majority of his students from the airport and there won't be a problem in parking. Robert Markland asked about the limits for the boarding house and about food preparation regulations. City Manager Saunders stated the request is for six bedrooms and the parking is based on the size of the facility. He stated that the preparation of the food must meet the applicable Health Department regulations. Jeff Biddle stated he thought a wakeboard school would be a good sport for the area. City Manager Saunders stated that the property is surrounded with professional offices to the east and west, vacant property to the south, and a single-family residence to the north. The property is adjacent to the CBD and a R-3 zoned area. The applicant proposes to modify the existing main building to include a six-bedroom lodging facility with a single residence located above the existing garage. The proposed use is consistent with the future land use area designated in our Comprehensive Plan. The Planning and Zoning Commission and staff have recommended approval of the use with the conditions outlined in Resolution//942. Mayor Pool closed the public hearing. A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously by roll call vote with Council Member Norquist abstaining to adopt Resolution 942. The Right Site - Resolution No. 943 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit for the operation of a convenience store and gas station at the northwest corner of Highway 50 and Grand Highway. Mayor Pool read Resolution No. 943 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: CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 25, 1997 Page 6 Dan Walker Richard Keith Micah Savell Gail Bohanan Don Harris 1355 Lakeview Drive, Clermont, FL 1333 Lakeview Drive, Clermont, FL 1370 Sarno Road, Suite A, Melbourne, FL 400 E. Colonial Drive gl 102, Orlando, FL 612 Grand Highway, Clermont, FL Micah Savell presented the proposed site plan for a 7-11 and reviewed the parking and ingress and egress. Dan Walker stated that his house is located on Lot 35. He stated that the property was too close to the entrance of Highway 27 for an entrance and exit on Highway 50. The intersection too busy already and locating a business would make it worse. He stated that the proposed plans show a dumpster next to his front door. Richard Keith stated he opposed the project. He lives on Lot 33 three doors down from the proposed 7-11. The property has an access problem and this type of business is probably the worst type of business for this property. His biggest concern was traffic flow and a business with a high traffic flow would not be good. Gaff Bohanan stated they have worked very hard with the plans for the site and tried to get the best possible business. City Manager Saunders stated that traffic has been a major concern since access to the site will be from both Grand Highway and Highway 50, however, both access points will be right-in and right-out driveways only. The applicants will be required to widen Grand Highway from their entrance to the intersection with Highway 50. He stated that driveway connections and Highway 50 access will need approvals from Lake County and the Department of Transportation. An alternate site plan that would provide more buffer by locating the retention area to the north property line and move the dumpster away from the north property line was discussed and tentatively approved by Mr. Savell. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 25, 1997 Page 7 City Manager Saunders stated that this area is currently zoned C~2 General Commercial which allows this type of use. Surrounding land uses include commercial to the south, east, and west, and commercial, professional, and residential to the north. The Comprehensive Plan future land use designations also permits this type of development. Planning and Zoning and the staff have recommended approval with the conditions stated in the Resolution. Council Member Dupee declared an Ex Parte communication with Micah Savell. Mayor Pool closed the public hearing. A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously by roll call vote to adopt Resolution No. 943 and amend Condition #18 to double the vegetative landscaping requirements on the north property_ line and require the retention area to be located along the north property, line and amend Condition #19 to require the dumster to be located close to the building. NEW BUSINESS Final Plat Approval - East Lake Ridge City Manager Saunders stated that staff is recommending approval of the East Lake Ridge subdivision plat. The plat has been reviewed by staff and City Engineer for compliance. The subdivision is located on the west side of Bloxam Avenue north of Pitt Street and includes 10 lots. A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve the East Lake Ridge subdivision plat. Budget Amendment - Utilities Department City Manager Saunders stated that the new water and sewer facilities on the east side will require additional personnel later this year to meet regulatory requirements and our ability to serve the area. Four additional positions will be needed and he expected CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING MARCH 25, 1997 Page 8 they would be employed by October 1. These people will be working independently and will be requiring transportation since they will be working throughout the utility system. He recommended that the necessary trucks and equipment be purchased on this year's State contract so they can be delivered prior to September 30. City Manager Saunders stated that $59,808 will provide the funding for a utility truck for our East water system crew leader and three economy pickup trucks for our lift station mechanic, our distribution specialist and our meter maintenance worker. It also includes necessary equipment such as tool boxes, radios and lift gates. He stated that utility power costs will be approximately $65,000 less than budgeted this year which will offset these capital expenditures. A motion was made by Council Member Cole, seconded bY Council Member Dupee, and carried unanimously to approve the purchase of a utili~_ truck and three economy pickup trucks together with tool boxes, radios and lift 'gates for $59,808. There being no further business or discussion, the meeting adjourned at 8:45 p.m. Robert A. Pool, Mayor Attest: FORM8B_ ME, ORANDUM' OF VOT!l li ·CONFLICT FOR COUNTY, MUNIC AL, AND OTHER LOCAL' ·PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMI'I-TEE Norquist, Ken , Clermont City Council Member IAILING ADDRESS CITY COUNTY DATE ON WHICH VOTE (X'CURRED ./ THE BC)ARD. COUNCIl., COMMISSION. AUTHORITY. OR COMMI'I-TEE ON W/~.fZF~ I SERVE IS A UNIT OF: '../, CITY '.: COUN'rY i ! t~rHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: · '.~'ECTIVE .. APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section !12.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. ~ELECTED INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTI$ 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 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. t I liiR%l ~B If. Rtl PAGE 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 W~--~ ~'~O ~'~,'.~ + , hereby disclose that on -~//2--~'/c~ 1, (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: , 19_ : , 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 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 RB - I~-R6