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11-26-1985 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 26, 1985 The Regular Meeting of the Clermont City Council was held on Tuesday, November 26, 1985, in the Council Chambers. 'Th~ meeting was called to order at 7:30 p.m. with the ~0110w1ng . Council Members in attendance: Mayor Pro Tem Turv1lle, Counc1l Member Cole, Council Member Huff and Council Member Henry. ,Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Cuqui Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the meeting held November 12, 1985 were approved as presented. REPORTS CITY MANAGER'S REPORT PENSION PLAN WORKSHOP City Manager Saunders reported that if there were no Council objections, he would like to hold a Workshop to discuss the proposed pension plan changes and options on Tuesday, December 3, 1985, at 7:00 p.m. There were no objections to the request. WEST BEACH PROPERTY It was reported that a letter had been received offering a small 50' x 60' parcel of property adjacent to West Beach for sale to the City in the amount of $7,500. City Manager Saunders asked the Council if they were interested in purchasing the property. Council Member Turville asked if the soil tests at West Beach had been completed? City Manager Saunders stated that the County was only sampling the water, and it would be two to three weeks before the results from an independent laboratory would be completed on the soil samples. Council Member Turville stated that he would like to know the results before any definite commitment was made for the purchase of the property. After a brief discussion, the Council advised the City Manager to talk to the real estate agent handling the transaction to see if a lower price would be considered. CLERMONT SANDS - WOODCLIFF PROJECTS It was reported that the Woodcliff Project and the Clermont Sands Project were building a joint water retention overflow system which would also help control runoff and eroion on the west side of the Anderson Street right-of-way. It was further reported that 30' of the retention area would have to be constructed on City owned prop- erty (the southeast corner of the ~emetery property). Council Member Huff questioned the City's policy of requiring water retention overflow systems, and asked when the policy was adopted. City Manager Saunders stated that he did not know when it was adopted, but the City had maintained the policy for a number of years. City e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 26, 1985 Page -2- Attorney Baird stated that he believed the policy had been adopted several years ago when the City was considering a particular pro- posed project. City Manager Saunders stated that he would find out when and why the policy was adopted and report back to Mr. Huff. 85-l93A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER HUFF VOTING NAY, TO ALLOW THE CONSTRUCTION OF THE RETENTION AREA ON CITY OWNED PROPERTY. COUNCIL MEMBER HUFF'S REPORT As the Council's liaison to the Transportation Advisory Committee, Council Member Huff stated that he had a map showing the road benefit districts, and that there would be a meeting on December 13, 1985, to discuss the County's five year road capital improvements projects. The City of Clermont is in District #5. Council Member Huff gave the map to City Manager Saunders to use at City Hall for future reference. MAYOR'S REPORT Mayor Pool reported that he had attended the Groveland - Clermont game on Friday night. Even though both schools did not have good records for the season, he wanted to express his appreciation for a well played final game of the season. VISITORS WITH BUSINESS P.E.C./W.K. DAUGHERTY - CONSULTING ENGINEERS Alex Hull and Ralph Boeve, representing P.E.C./W.K. Daugherty Consulting Engineers, appeared before Council to explain the proposed westerly extension of the Holland East-West Expressway. Mr. Hull displayed a map and explained the various proposed areas of expansion and the timetable for the projects. The Company will be collecting data for approximately eleven months and will be holding public hearings in January and March. Two corridors for the expansion have been proposed, and a decision must be made on which one will best suit the needs of public. Mr. Hull further explained that it will take one year to do the study, one year to design the expansion, and eighteen months to build the project. Depending upon the funding, if State Bonds are available, the project could be completed in 1991, if not, in 1996. Mr. Hull concluded by stating that they would keep the Council informed of the progress in the Company's monthly newsletter, which is being sent to each Council Member and Mr. Saunders. J.H. DRAWDY - REQUEST FOR AN OPEN AIR SALES PERMIT City Manager Saunders explained that the Drawdys' were requesting an open air sales permit to sell produce in a portable trailer-type stand at the corner of Eighth Street and Highway 50 (811 West High- way 50). The wheels have been removed from the trailer to prevent theft. As allowed by City Ordinance, Mr. Drawdy has been issued a thirty day permit. However, a request for over thirty days must be decided by Council. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 26, 1985 Page -3- During a brief discussion it was pointed out that the intent of the ordinance was to give a person the thirty day open air sales permit in order to have time to find a permanent place to conduct his business. 85-l94A MOTION WAS MADE BY COUNCILMEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO DENY THE REQUEST FOR THE OPEN AIR SALES PERMIT TO SELL VEGETABLES FROM A PORTABLE TRAILER AT 811 WEST HIGHWAY 50. The Council believed that Mr. Drawdy should find a permanent place to conduct his vegetable sales because other merchants selling the same commodity have done so, and allowing the open air sale to continue would be unfair to them. SANTA'S FOREST REQUEST PERMISSION TO ERECT A TENT Mr. Ed Hardy, district representative for K-Mart, appeared before Council to request permission to erect a tent in the K-Mart parking lot to be used from November 27 through December 23rd for Christmas tree sales for Santa's Forest. Part of the proceeds from the tree sales will go to United Cerebral Palsy of Central Florida. Mayor Pool expressed his concern about the parking spaces being needed during the Christmas shopping rush being taken by the tent. City Manager Saunders stated that he had spoken with the manager of South Lake Plaza, and he too had expressed concern over the tent using parking spaces meant to be utilized by all of the merchants in the plaza. 85-195 After a brief discussion, A,MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOW THE TENT TO BE ERECTED IN K-MART'S PARKING LOT FROM NOVEMBER 27TH TO DECEMBER 23, 1985. The Council then directed City Manager Saunders to contact Mr. Hurtak, Manager of South Lake Plaza, to express the Council's concern about parking. OMER CLARK - REQUEST FOR VARIANCE TO THE SIGN ORDINANCE Omer Clark of Boone Sign Company appeared before Council to request variances to the sign ordinance to allow the installation of a Kentucky Fried Chicken bucket on top of the existing sign. Two variances are required, one for the maximum height requirement of 30' to 32' and one for the maximum size square footage from 166' to 280'+. Mr. Clark stated that he knew of no other City with a sign ordinance in which the square footage was computed like the City of Clermont. He stated that most cities compute square feet of the components of the sign. Mr. Saunders stated that the variance would still be required regardless of the method of computation. Mayor Pool expressed his concern that granting the request for the height variance would open the door for changes to all the signs in Clermont. 85-196 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND' UNANIMOUSLY CARRIED TO DENY THE REQUESTED VARIANCES TO THE SIGN ORDINANCE. - - e e CITY OF CLERMONT ~INUTES REGULAR COUNCIL MEETING November 26, 1985 Page -4- EDWIN AND DOROTHY KINDRED - REQUEST FOR REAR Y~RD VARIANCE Mr. Kindred appeared before Council to request a rear yard variance from the required 251 to 201 in order to construct a screen room on an existing patio. Mr. Kindred explained that in 1974 he received a variance to construct the patio, and that now he would like 'to complete the project. 85-l97A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO GRANT THE REQUEST FOR A REAR YARD-VARIANCE FROM THE REQUIRED 25' TO 20' IN ORDER TO CONSTRUCT A SCREEN ROOM ON AN EXISTING PATIO. NEW BUSINESS ACCEPTANCE OF HAZELWOOD SUBDIVISION IMPROVEMENTS City Manager Saunders explained that he had received a letter from City Engineer John Springstead approving the streets and utilities in Hazelwood Subdivision and recommending their ac- ceptance. All other subdivision requirements have been satis- fied. 85-198 A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND-UNANIMOUSLY CARRIED TO ACCEPT THE PUBLIC IMPROVEMNTS IN HAZELWOOD SUBDIVISION, AS RECOMMENDED BY CITY ENGINEER JOHN, SPRINGSTEAD. INTRODUCTION OF ORDINANCE l76-M - REQUIRED REZONING TO CONFORM WITH THE COMPREHENSIVE PLAN/FUTURE LAND USE DISTRICT MAP City Manager Saunders reported,that the rezonings listed below were required to bring the City's Zoning Map into conformance with the adopted Future Land Use Map. The Planning and zoning commission at its meeting held November 19, 1985, recommended that the proposed rezonings be made with the exception of Lots 5, 6, 7, 8, and 9 Winona Bay Subdivision from R-3 to R-l. The Commission recommended tabling of this matter a property owner stated that he would request a Land Use Map amendment. Council Member Turville asked for clarification of parcels included in the ordinance, and it was stated that the following parcels, including those in Winona Bay Subdivision were be~ng introduced: 1. Lots 4, 5, 6, Block 60 From C-l to R-3 2. Block 19 and Lots 3, 4, 5, Block 20 From R-3 to R-l~ 3. Lots 1, 3, 5, 7, 9, 11, 13, Block 18 From C-2 to R-2~ Lots 15, 17, 19, Block 18 From C-l to R-2' 4. Lots 5, 6, 7, 8, 9, Winona Bay Subdivision From R-3 to R-l 5. All That Parcel Lying West of a Line 993 Feet West of and Parallel With the Centerline of Twelfth Street, South of the South Right-Of-Way Line of Highway 50, North of the Westerly Extension of Broome Street, and East of the Westerly Boundary of the City of Clermont From C-2 to R-3 85-199 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE ORDINANCE l76-M. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING November 26, 1985 Page -5- RESOLUTION NO. 514 - ESTABLISHING FEES TO BE COLLECTED FOR REQUESTS FOR CUPS, PUDS, REZONINGS, VARIANCES, SITE REVIEWS AND COMPREHENSIVE PLAN AMENDMENTS It was explained that this Resolution repeals Resolution #502 and establishes fees to be collected for CUPs, PUDs, Rezonings, Variances, Site Plan Reviews, and Comprehensive Plan Amendments. City Attorney Baird questioned the $50.00 fee for Comprehensive Plan Amendment requests, stating that he felt it could be too low if major revisions were requested. It was decided that, if warranted, the fee could be raised at a later date. 85-200 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 514. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, COLE AND. TURVILLE~ AYE AND MAYOR POOL, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. PUBLIC COMMENTS Mr. Smart asked the Council if a peddler needed a license to go door to door selling merchandise. Mr. Smart was informed that all peddlers must obtain a permit from the Police Department before selling door to door. Buddy Rogers stated that he felt it was unfair to charge anyone a fee for an amendment to the comprehensive plan, particularly those people whose property is being rezoned by the City. Reverend Richard Bonnette asked if he needed any special permits to install a sign at the Church of the Nazarene. Mr. Bonnette was directed to go to City Hall and make his request to Planning and Zoning TeChnician, Marilyn George. There being no further business, the meeting adjourned at 9:50 p.m. .~A~C~- Attest: ~gl::l'ty Clerk ( ~" M~.RANDUM OF VOTIN.eCONFLICT I FORM 4 I LAST NAME-FIRST NAME-MIDDLE NAME Turvi11e Hal THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMIITEE ON WHICH I SERVE IS A UNIT OF: MAILING ADDRESS 150 West Minnehaha Avenue }CJ CITY e COUNTY e OTHER LOCAL AGENCY eSTATE CITY COUNTY Clermont Lake NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED November 12, 1985 City of Clermont NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMIITEE Clermont Citv Council . WHO MUST FILE FORM 4 This form is for use by any person serving 'on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local.level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, Le., those at the state level. PART C of the form contains instructions as to when and where this form must be filed, PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112,3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the,conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publi~ly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agenc;y crelJ.ted or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on November 12 ,19~: (a) I abstained from voting on a matter which (check one): --1L- inured to my special private gain; or , , _ inured to the special gain of , by'whom I am retained. CE FORM 4. REV. 10-84 PAGE I C"-' ,''' .' . I \ , '- -' . (b) The measure on which I abstained and ~he nature of my interest in the measure is as follows: I abstained from ,voting on Jean Edwards' request for a rear.yard variance because my mother lives within 1501 of the subject property. 1 '0~'O , Date Filed .~/ Signature t!'" Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Aorida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B, below within I S days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 _: (a) I voted on a matter which (check one): _ inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (I S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes ofthe meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES' I 12.317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y 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 SMOO. CE FORM 4. REV, '0-84 PAGE 2