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01-28-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 28, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, January 28, 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 January 14, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Council Members agreed to hold a Workshop on Tuesday, February 4 at 6:00 p.m. at City Hall. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported that the annual banquet for the South Lake Chamber of Commerce is Friday, January 31 at 6:30 p.m. at the Ramada Inn with 275 tickets sold. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 28, 1997 Page 2 VISITORS WITH BUSINESS South Orlando Rowing Association Annual Regatta City Manager Saunders stated that the South Orlando Rowing Association is requesting to hold their annual regatta at the Waterfront Park on April 5. The event has been held here several times in the past and has proven to be a good event for the area and has not created any significant problems. 97-016 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the South Orlando Rowing Association Annual Regatta at the Waterfront Park on April 5. Cooper Memorial Library - Request to Serve Wine at Jenkins Auditorium City Manager Saunders stated that the Library Board is requesting permission to serve wine at a dinner to be held for their volunteers at Jenkins Auditorium on February 26 and a Monopoly event to be held March 14. He stated they have held similar events in the past and he recommended approval for the Library events this year. 97-017 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to allow Cooper Memorial Libra~. to serve wine at Jenkins Auditorium on February_ 26for a volunteer dinner and on March 14for a Monopoly event. Cooper Memorial Library - Request to Waive Jenkins Auditorium Fees City Manager Saunders stated that the Library Board also request to waive the fees for Jenkins Auditorium for the February 26 and on March 14 events. 97-0~8 A motion was made by Council Member Sargent, seconded by Council Member Norquist, and carried unanimously to waive the fees for Jenkins Auditorium for Cooper Memorial Libra~_ for February 26 and March 14. CITY OF CLERMONT MI~S REGULAR COUNCIL MEETING JANUARY 28, 1997 P~e 3 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. The applicant's request will allow the construction of four quadruplexes along the west side.'of Bloxam between Division Street and Brooke Court. The request is based on the hardship of the severe elevation differences that occur between the right-of-way and the rear lot lines. The original Conditional Use Permit was for a Planned Unit Development that included commercial, multi-family, and residential. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. City Clerk Van Zile swore in the following: Don Harris Christine Sette Tina Holland Herb Smith 612 E. Grand Highway, Clermont 618 Brooke Court, Clermont 606 Brooke Court, Clermont 223 Bloxam Avenue, Clermont Herb Smith stated he is a contractor and developer and owns the town homes across from the proposed development on Bloxam Avenue. The design of the proposed quadruplexes will be similar to the town homes across the street. A retention area and swamp will be behind them. The property is at the bottom of a hill on Bloxam Avenue between Division Street and Brooke Court. The four quadruplexes will have two units on the lower level and two units on the upper level. No traffic will exit/enter Bloxam Avenue. A central parking area will be behind the complex with access from Division Street and Brooke Court. Don Harris stated he and his wife were one of the first to build a home in the subdivision. There are about five homes valued about $100,000 each and another 10 homes valued at about $80,000. There currently are no two-bedroom homes or apartments without garages. If the proposed quadruplexes are approved, the subdivision will increase by 11 families over what was originally approved. The proposed quadruplexes are not compatible with the neighborhood and will decrease the CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 28, 1997 Page 4 property values in the area. The lots will need to have fill brought in, whatever is built on them. The lots should be able to have driveways with turn-arounds similar to what was required when they built on Grand Highway. City Attorney Baird asked Mr. Harris if he had any evidence that the requested Conditional Use Permit meets or does not meet the Comprehensive Plan or zoning. Mr. Harris did not have any evidence. Tina Holland stated she owns the home on the third lot down from the proposed complex on Brooke Court (lot 15). The driveway on Brooke Court into the complex would be coming out right in front of their home. They really enjoy their view now, but if the complex were built, their view would be the parking lot and the back of the multi-family complex. They chose their home because it was located on a quiet cul- de-sac, however, traffic in and out of the proposed complex will make the area dangerous for children. She stated it will also reduce property values in the area. Herb Smith stated that the original plan was for traffic to use only Division Street, however, the City required two entrances. City Manager Saunders stated that the area on Division Street is two narrow for two entrances/exits and a complex of this size needs two entrances/exits. Christine Sette stated she disagreed with approving the proposed quadruplexes. They want single-family homes to be located on the lots, not apartments. She stated there was already a problem with cars parking on Bloxam Avenue. Council Member Norquist asked if Division Street will have an entrance onto U.S. 27 in the future. City Manager Saunders stated that Division Street may connect with a right-in/right-out only in the future. Council Member Norquist suggested that detached garages may help to buffer the back of the complex. City Manager Saunders pointed out that when homes are built on Lots 25, 26 and 27, the parking lot of the complex will not be visible. Mayor Pool closed the public hearing. City Manager Saunders stated the Comprehensive Plan allows multi-family development under a Conditional Use Permit. The City Council can place certain conditions to assure there are no adverse affects on the neighborhood by limiting the number of units or requiring more buffer areas. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 28, 1997 Page 5 97-019 A motion was made by Council Member Sargent to table Resolution No. 937 until the Februa~_ 25, 1997 meeting. The motion died for lack of a second. 97-020 After_further discussion, a motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to table Resolution No, 937 until the Februa~_ 25, 1997 Council Meeting. A & S Automotive - Resolution No. 938 City Manager Saunders stated that the applicant is requesting that this request for a Conditional Use Permit be tabled until the February 11 Council Meeting. 97-021 A motion was made by Council Member Norquist, seconded by Council Member Dupee, and carried unanimously to table the A & S Automotive, Resolution No. 938 until Februa~_ 11, 1997. UNFINISHED BUSINESS Ken Norquist - Resolution No. 927 City Manager Saunders stated that Mr. Norquist has indicated that his engineer is revising the final site plan it is not available to tonight's meeting. Therefore, he requested tabling the matter until the February 11 meeting. 97-022 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously, with Council Member Norquist abstaining, to table Resolution No. 927 to the Februa~_ 11, 1997 regular Council Meeting. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 28, 1997 Page 6 NEW BUSINESS Compost Site Agreement - City of Mascotte City Manager Saunders stated that for several years the City has had an agreement with the City of Mascotte for the use of their compost site. He recommended a renewal of the agreement for an additional one year period. The terms of the agreement are the same as the past year which allows the City to deliver yard trash to the site for a lump-sum annual fee of $10,000. 97-023 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the compost agreement with the Ci~_ of Mascotte for February, 1997 to February, 1998for $10,000. Purchasing Policy City Manager Saunders stated that two years ago the City accepted the Ellis K. Phelps Co. as the sole-source provider for pumps, controls, and miscellaneous equipment for utility replacement and improvements. He recommended approval of a price adjustment list for 1997 which is approximately a 3.5% increase. It is very beneficial to our Utility Department to have standard pumps and equipment which helps with replacement and repair. 97-024 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to continue with Ellis K. Phelps as sole-source provider and approve their price list for 1997. Change Order - Lem Bryant Land Clearing City Manager Saunders requested approval of Change Order/gl for Lem Bryant Land Clearing in the amount of $8,356.50. This is for additional road repair and right-of- way repair along Hancock Road and Johns Lake Road that was required to complete CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 28, 1997 Page 7 County requirements in association with the project that we contracted Marlon Dunn Co. to perform. Marlon Dunn Co. is undergoing bankruptcy proceedings and these amounts will be deducted from the final amounts still owing to Marlon Dunn Co. 97-025 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously to approve Change Order No. 1 to Lem B~_ant Land Clearing for repair work along Hancock Road and Johns Lake Road in the amount of $8,356.50. Florida Regional Emergency Medical Services - Memorandum of Understanding City Manager Saunders stated that the Florida Regional Emergency Medical Services is requesting that we enter into a memorandum of understanding which outlines our Fire Department's responsibilities when responding to emergency scenes. Fire Chief Bishop has reviewed the agreement and recommends approval. 97-026 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously to approve the memorandum of understanding with Florida Regional Emergency_ Medical Services. Florida Regional Emergency Medical Services - Mutual Aid Extrication City Manager Saunders stated the mutual aid extrication agreement with the Florida Regional Emergency Medical Services provides for a payment of $200 to the City for each extrication service provided by our Fire Department. The agreement also outlines responsibilities at the scene. Fire Chief Bishop has reviewed the agreement and recommends approval. 97-027 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously to approve the mutual aid extrication agreement with Florida Regional Emergenq Medical Services. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JANUARY 28, 1997 Page 8 City of Montverde - Mutual Aid Agreement City Manager Saunders stated the proposed Mutual Aid Agreement is between the City of Montverde and the City of Clermont for fire assistance. He stated it was a standard mutual aid agreement. Fire Chief Bishop has reviewed this agreement and recommends approval. 97-028 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously to approve the Mutual Aid Agreement with the Ci~_ of Montverde. Volunteer Fire Department - Building Improvements City Manager Saunders stated that the Council previously approved the use of the building on 8th and DeSoto Street by the Fire Department. At the last Council workshop, the proposed improvements for the building were reviewed by Fire Chief Bishop which include electrical and plumbing upgrades, minor interior renovations, and office furniture. A budget amendment of $7,500 is needed for the improvements. The building will contain administrative offices, a training room, equipment storage room, and a single-bay for the squad truck. 97-029 A motion was made by Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve a budget amendment of $7,500 for the improvements to the buiMing on &h Street and DeSoto Street to be used by the Fire Department. Volunteer Fire Department - Fire Chief Pay City Manager Saunders stated that he is recommending a pay adjustment for Fire Chief Bishop who is currently paid a flat monthly fee of $400. Chief Bishop spends many hours each week processing Fire Department administrative needs plus attending training sessions and answering fire calls. The flat fee that is now being paid to Chief Bishop adequately covers the administrative duties that he performs as Fire Chief, CIIT OF CLERMONT REGULAR COUNCIL MEETING JANUARY 28, 1997 Page 9 however, he should be paid additionally per fire call at the same rate a Fire Captain receives for the fire calls he answers. He recommended the pay adjustment take effect as of February 1. 97-030 A motion was made by_ Council Member Cole. seconded by_ Council Member &lrgem. and carried unanimously to increase the Fire Chief pay to pay_ additionally for each fire call at the Fire Captain rate of pay to become e_ffective Februam_ 1. 1997. AUDIENCE COMMENTS Mr. Herda addressed the Council and stated he lives next to the Florida Power substation located on Hampton and Highland Streets. Florida Power was granted a variance to install a 150' telecommunications tower on December 10, however, he was unable to attend the meeting because he was out of state. His neighbor, Mrs. Skinner is elderly and unable to attend a meeting, but she is also against granting a variance for a taller communications tower to Florida Power. He asked the Council to consider restricting these telecommunications towers and asked how many users will be using this tower. He stated that Orange County recently restricted the towers to 200' away from any homes. There being no further business or discussion, the meeting adjourned at 8:55 p.m. Attest: ~lerk FORM 813 MIF. ORANDUM* OF VOTli CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOG' L PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE Norquist, Ken , Clermont City Council Member ADDRESS CITY I DATE ,~ WHICH VOTE (X.'CURRED COUNTY THE BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE ON H I .SERVE IS A UNIT OF: Y :. ' COUNTY J ! OTHER LOCAL AGENCY NAME OF POLII:ICAL 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 governmem on an appointed or elected board, council, commission, authority, or committc~. It applies equally to members of advisory and non-advisory bodies who are presenled 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 112.3t43, 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 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 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. IF YO.U MAKE NO A'ITEMPT 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) V~inured to my special private gain; or 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 File 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 - lO-R6 .....