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02-25-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, February 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 Pastor Gerald Gill of Lake Christian Fellowship 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 14, 1997 and Workshop meetings held July 18, August 20, October 3, and October 30, 1996 were approved as presented. CITY MANAGER SAUNDERS' REPORT Purchase of Additional Garbage Containers City Manager Saunders stated that Public Service Director Davis has requested approval for the purchase of additional garbage containers in the amount of $12,622 and a corresponding budget amendment. Additional containers are needed because of the rapid growth rate. 97-043 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to purchase additional garbage containers in the amount of $12,622. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 2 COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee stated that any concerns of the Florida Legislature can be addressed to the Florida League of Cities. The South Lake Chamber of Commerce is hosting the Taste of South Lake on Monday, March 10 from 4:30 to 7:00 p.m. and only a limited number of tickets remains. VISITORS WITH BUSINESS Clermont Bible Church - Resolution No. 938 City Manager Saunders stated the applicant is requesting to establish a church at 664 W. Montrose. This is the building that is currently being used by the Nautilus Fitness Center. The building' is located in the Central Business District which allows churches as a conditional use. Mayor Pool read Resolution No. 938 by title only. He stated 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. John Bekemeyer, 1005 Autumn Leaf Drive, Clermont was sworn in by City Clerk Van Zile. John Bekemeyer requested approval of the request. He asked that the time period of two years be extended to five years so that they can make improvements that will benefit the downtown area and the church. City Manager Saunders stated that the applicant is requesting this to be a temporary location. Condition//5 is for a period of two years in a Central Business District which is appropriate. An extension can be requested at the end of that time. Planning and Zoning and staff recommend approval with the conditions as outlined in Resolution 938. Council Member Dupee asked why Resolution 939 lists the conflicting business issue and Resolution 938 does not. City Attorney Baird stated that the only difference is that Resolution 939 requires the church to relocate within 90 days of a notice if there is a conflict of use. There are already rules in place regarding a conflicting use and CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 3 there is no need to incorporate additional language in Resolution No. 938. Mayor Pool closed the public hearing. 97-044 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No. 938. Lake Christian Fellowship - Resolution No. 939 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to amend an existing permit to extend the operation of a church at 1705 S. Grand Highway south of the RaceTrac Gas Station for a period of three years. Mayor Pool read Resolution No. 939 by title only. He stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or against the request be sworn in. The following were sworn in by City Clerk Van Zile: Jerome Gill Laura Brown 550 Disston, Clermont 241 Hillside Drive, Clermont Jerome Gill stated he is Pastor of the Lake Christian Fellowship Church. They would like an extension of three years rather than two. All other conditions are workable. Laura Brown stated she thought it was very important to have more time which would allow for growth. She is very supportive of the church. City Manager Saunders stated that the Planning and Zoning Commission and staff recommend approval of a two year time extension which is appropriate time for a temporary use. Mayor Pool closed the public hearing. 97-045 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 939. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 4 Don Markey - Resolution No. 940 City Manager Saunders sated that the applicant is requesting to amend an existing Conditional Use Permit for 1013 East Avenue. The request is to eliminate the residential use and convert that portion of the building into another professional office. Mayor Pool read Resolution No. 940 by title only. He sated 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. No one asked to be sworn in. City Manager Saunders stated that this is a house that has been converted to a residential and professional use located on the northeast corner of East Avenue and Highland Avenue. The remaining residential area will be converted to professional office. The Future Land Use zoning of the property allows this type of use. Requirements such as parking can be accomplished on the site. Planning and Zoning and staff recommend approval with conditions as sated in Resolution 940. 97-046 ,4 motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously by roll call vote to adopt Resolution No.. 940. Safe-T-Storage, Inc. City Manager Saunders sated that the applicants were unable to provide Planning and Zoning with the necessary information. The request should not be considered at this meeting and no action needs to be taken. It appears on the agenda since it was previously advertised for this meeting. Crew Boosters City Manager Saunders sated that Crew Boosters of Winter Park, Inc., which is the booster club for the Winter Park High School crew team is requesting the use of the Waterfront Park for the racing event on March 22. Six high schools will be CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 5 competing with the hours of the event being 8:00 a.m. to 3:00 p.m. They will provide portable toilets and leave the area clean. He recommended approval of the request. 97-047 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve Crew Boosters's use of the Wate_rfront Park for a high school racing event on March 27. UNFINISHED BUSINESS Homer Kenyon - Resolution No. 937 City Manager Saunders stated that the applicant is requesting to amend his original Planned Unit Development for the Edgewood Lake Subdivision to allow multi-family development on Lots 28, 29, 30, 31 and 32 which will allow the construction of four quadruplexes along the west side of Bloxam between Division Street and Brooke Court. The original Conditional Use Permit had these lots as single-family lots. The request was tabled for a month in order for the owner and area residents to come to a compromise. Mayor Pool read Resolution No. 937 by title only. He 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: Herb Smith Homer Kenyon 16706 Sequesta, Clermont 394 Division Street, Clermont Herb Smith presented site plan that includes a double-car garage for each of the 16 units. He stated the revised plans address the concerns of the neighbors. City Manager Saunders stated the plan had not been previously submitted to staff. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 6 Herb Smith stated that one of the concerns was the driveway connecting to Brooke Court, which they will not include. The only entrance and exit will be from Division Street. The units will each be three bedrooms with two bathrooms of approximately 1,000 square feet and a separate double-car garage, to be sold individually. There will be a landscape berm on Brooke Court. City Clerk Van Zile swore in the following additional persons: Sharon Staton 620 Gladys Tompkins 612 Barbara Forte 210 Vivian Gaines 608 Janet Harris 612 James A. Chapman 567 Kristine Sette 618 Steven Sette 618 William McCrosky 631 Dolores Ogden 916 Laura Brown 241 Angela Cullison 608 John H. Cox 261 Patty Sheppard Micki Wolfe James T. Holland Tina M. Holland 606 Henry D. Alanzo 101 Sherry Williams 100 Leslie Turner 103 David A. Williams 100 Darrell Turner 103 Don Harris 612 Shari Colon 616 Warren Thomas 661 James Holland 606 Brooke Court, Clermont Brooke Court, Clermont N. Bloxam Ave., Clermont E. Grand Highway, Clermont E. Grand Highway, Clermont Lake Winter Sq., Winter Haven Brooke Court, Clermont Brooke Court, Clermont Grand Hwy., Clermont Galena Street, Minneola Hillside Dr., Clermont Brook Court, Clermont Hillside, Clermont 251 Hillside, Clermont 1275 W. Lake Shore Dr., Clermont 606 Brooke Court, Clermont Brooke Court, Clermont The Crescent, Minneola The Crescent, Minneola W. Division, Minneola The Crescent, Minneola W. Division, Minneola Grand Highway, Clermont Brooke Court, Clermont Grand Highway, Clermont Brooke Court, Clermont CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 7 Donna Cockefair Burl R. Forte Mark Adams Roger Snow 811 S. Main Street, Minneola 210 N. Bloxam Avenue, Clermont 608 Brooke Court, Clermont 610 E. Grand Highway Roger Snow thanked .the Council for hearing the individual and collective concerns in this matter. James Chapman questioned the hardship since the property has always had severe elevation differences. He felt it was very inconsistent to mix this kind of development. He also questioned the notification procedures and Planning Director Harker informed him that notification is sent to everyone within 200' and the code requires within 150'. City Manager Saunders explained that there is no problem with conformance with the Comprehensive Plan or density. Micki Wolfe stated she sold five of the homes to five families and they mean a great deal to them. The plat was zoned single-family residential and there should be a responsibility to these people to fulfill this. Steve Sette said he understood the area was single-family with the exception of the town homes and he agreed with that. He felt that if the quadruplexes were built it will trash the rest of the area. Sharon Staton purchased her home in an area she thought would be restricted to single family. She doesn't want apartment buildings or berms or the view of the back of a garage. Christine Sette was concerned about the retention pond and if there will be a fence around it for children. City Manager Saunders said the St. Johns River Water Management Authority does not require fencing. The pond is very near the lake and if the retention pond was fenced, the lake should also be fenced. Barbara Forte stated she built her home with the understanding that it would be single- family only. She said she is one of five widows and is concerned about a multi-family development. Vivian Gaines said she just bought her home and she wants the area to remain single-family. Janet Harris stated they moved here three years ago from an apartment area which had gone down-hill. Angela Cullison said she and her fiance are building thek first home and were not informed about this until recently. She doesn't want the value of their home to go down because of an apartment complex. She was also concerned about safety and too many people. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 8 Dolores Ogden said there won't be any place for the children to play who live in the apartment complex. Laura Brown stated if the apartments are sold, they can later be rented. Greg Chapman questioned the garage level. He also was concerned with crime in the area. Patty Sheppard, John Cox and Mrs. Cox were against the multi- family development. Sherry Williams was concerned with traffic and stated there is already a problem with speeders on Division Street. Shari Colon stated she and her husband bought their "American Dream" home on Brooke Court. The apartment they had been living in had been upscale but had deteriorated. They are concerned about the multi-family development because of safety and security. Mark Adams stated they opposed the multi-family development and if they had known an apartment would be built in the area, they would have chosen elsewhere to buy a home. Henry Alonzo stated he was opposed the multi-family development and said he bought his home on the premise it was in a single-family area. Warren Thomas said he has lived in the area about 10 years and felt the neighborhood would be eroded if anything but single-family homes were built. He felt it would be a hardship on the people in the area if a multi-family development were allowed. Don Harris stated he had met with Mr. Kenyon right after the last meeting and Mr. Smith contacted him last Friday. He stated that the letter and petition indicate a possible compromise of five duplexes, however, not all the neighbors are in favor of that compromise. City Manager Saunders stated this request was the same as was submitted to the City Council a month ago. The Planning and Zoning Commission recommended approval of the quadruplexes and staff also recommended approval based on the fact the it does comply with the Land Use Map and the Comprehensive Plan. The matter was tabled in hopes of a compromise being reached by the home owners and developer. Most residents are still not happy with several legitimate concerns and staff feels the neighborhood will be adversely affected. A compromise was offered in the letter and petition signed by the 40-45 residents for five duplexes with double-car garages. He agreed this was a good compromise and is the most he would recommend for the lots. Mr. Kenyon stated he had no problem with five duplexes. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 9 97-048 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried four to one with Council Member Dupee voting nay_ to deny Resolution No. 937. NEW BUSINESS Proposal - Marina on City Property City Manager Saunders stated that currently the City is using the old garage facility on Lake Minneola, east of 1 lth Street as a recycling center which is not the best use of the property. Proposals were requested for the lease and development and one proposal was received from DBM Consultants, Inc. represented by Dave Missigman. Mr. Missigman is proposing to lease the property from the City and develop a full- service marina that would include dry-dock storage, boat repair, ship store and boat fuel. This will be done in two or three phases in the next 18-24 months. Capital improvements will be approximately $350,000. Dave Missigman showed conceptual drawings and offered to answer any questions. He stated there will be four buildings and storage for 200 boats. A question was asked from the audience regarding pollution and Mr. Missigman stated a double- bladder tank which is acceptable to the Dept. of Environmental Protection will be built. City Manager Saunders stated if the Council voted to accept the conceptual plan, an agreement can be drafted and brought to the Council for approval. 97-049 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously, with Council Member Norquist abstaining, to approve the conceptual plan and directing Ci~. Manager Saunders to draft an agreement to be brought back for approval. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 10 Public Hearing for Law Enforcement Block Grant City Manager Saunders stated that the City has been awarded a Bureau of Justice Block Grant in the amount of $10,987 provided that the City will match that amount with $1,221. Police Chief Story stated the Citizen's Review Committee met and recommended that $4,600 be used for computer system upgrades with a remainder of the grant funds to be utilized for upgrading and expanding the communication system. ~97-050 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the Bureau of Justice Block Grant in the amount of $10,987 with a Ci~. match of $1,221 with $4,600 to be used for computer ~_ stem upgrades and the remainder to be utilized for upgrading and expanding the communication ~_ stem. Bid Award - East Wastewater Transmission Line City Manager Saunders stated that six bids were received for the sewer transmission line which will commence at Lift Station E-4 located on Lake Wilma, continue to the east and north to Lift Station E-5 locates south of S.R. 50 at the intersection of East Jacks Lake Road where it will extend eastward along S.R. 50 and connect to our existing line at the Florida Power substation crossing. This line, along with the sewer line that is now being constructed at East Jacks Lake Road, will provide sewer collection for the east side and will connect to our new sewage treatment line on Hancock Road. The low bid was received from DeWitt Excavating in the amount of $178,914.58. This will be funded from our Bond Anticipation Note. 97-051 A motion was made by Council Member Norquist, seconded by Council Member Sargent, and carried unanimously to award the East Wastewater Transmission Line bid to DeWitt Excavating _for $178, 914.58. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 11 Bid Award - East Lift Stations City Manager Saunders stated that four bids were received for the construction of four lift stations. E-2 and E-3 are located on the new East Jacks Lake Road. E-4 is located on the north side of Lake Wilma and E-5 is located south of S.R. 50 south of the intersection of East Jacks Lake Road. The low bid was submitted by Sunshine Building and Development in the amount of $442,862.95 which he recommended. The project total is approximately $90,000 less than anticipated. 97-052 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to award the East Lift Stations bid to Sunshine Building and Development for $442,862.95, Bid Award - Cooper Memorial Library Re-Roof We received two bids for the re-roofing of the Library. The bid was broken down between a base bid plus a square footage cost for any decking and insulation replacements. E. H. Engelmeier Roofing submitted the low base bid in the amount of $10,781. Public Works Director Davis recommends awarding the bid to the low base bidder, E. H. Engelmeier. 97-053 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to award the bid for the re- roo_fing of Cooper Memorial Libra~_ to Engelmeier Roofing for a base bid of $10, 781. Bid Award - City Hall Copier City Manager Saunders stated that a new copier for City Hall was included in this year's budget for $7,000. The recommended copier is a Cannon copier available on state contract from Ikon Office Solutions in the amount of $5,985. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING FEBRUARY 25, 1997 Page 12 97-054 A motion was made by Council Member Norquist, seconded by Council Member Cole, and carried unanimously to approve the purchase of a Cannon copier from Ikon Office Solutions_for Ci~_ Hall in the amount of $5,985. Bid Award - Garbage Truck We have budgeted $125,000 this year for the purchase of a replacement side loader for the Sanitation Department. We are proposing to continue the use of the Lodal side loaders that we are currently using. The only dealer for this equipment in the state of Florida is Container Systems and Equipment Co., Inc. and the price for a new 1997 side loader is $112,024. 97-055 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to purchase a Lodal side loader for $112,024from Container Systems and Equipment Co., Inc. There being no further business or discussion, the meeting adjourned at 9:30 p.m. Attest: Robert A. Pool, Mayor 1~. Van Zil6~, City Clerk FORM 8B MF., JORANDUM'OF VOTIJliI 'CONFLICT FOR COUNTY, MUNICI AL, AND OTHER LOG"'AL PUBLIC OFFICERS I. AST NAME--FIRST NAME--MIDDLE NAME Norquist, Ken J~klAILING ADDRESS CITY COUNTY J DATE ON WHI('H ¥'OTi (.v..'CURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITrEE Clermont. City Council Member THE BOARI). COUNCIl., COMMISSION, AUTHORITY, OR COMMIITEE ON .~CI(:'H I SERVE IS A UNIT OF: TY ! ' COUNTY ; ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ' .~LEC'TIVE 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 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 1t2.3143, 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; 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 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 {)~\1 nB Itl*R6 PAGE 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 1, /~/'~ A///9 £~< ~/'~ '(-- , hereby disclose that on (a) A measure came or will come before my agency which' (check one) ~inured to my special private gain; or 4(.~- ~ ~ , 19.9'7: inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Signature t - - 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 - lO-Re., .... ,. /2.,3