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07-11-1989 Regular Meeting• CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 11, 1989 A Regular Meeting' of the City Council of the City of Clermont was held Tuesday, July 11, 1989. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members in attendance: Mayor Pro Tem Turville, Council Member Dupee and Council Member Norquist. Excused absence: Council Member Cole. Other City Officials present were City Manager Saunders, City Attorney Baird, Finance Director Van Zile, Planning Director McAllister and Deputy City Clerk Brandt. MINUTES The minutes of the June 7, 1989 Workshop Meeting, the June 13, 1989 Board of Adjustment Meeting and the June 27, 1989 Regular Council Meeting were approved as presented. REPORTS CITY MANAGER SAUNDERS' REPORT WORKSHOP MEETING City Manager Saunders stated that if there were no Council objections, he would like to hold Budget Workshop Meetings on the 13th and 27th of July at 5 :3 0 p.m. There were no objections to the request. LABOR DAY FIREWORKS DISPLAY Mr. Saunders stated that Finance Director Van Zile had contacted the fireworks company responsible for the Labor Day Fireworks Display for the past several years (APC Fireworks, Vic Vickers, President), and Mr. Vickers will provide a show similar to last year's display at the same cost of $2,000. 89-096 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED FOR THE CITY TO SPONSOR THE ANNUAL LABOR DAY FIREWORKS DISPLAY AT A COST NOT TO EXCEED $2,000. TREE PROPOSALS It was reported that as soon as possible, the City should plant twelve to fifteen 12' Laurel Oaks along Seminole Street to act as a buffer between the Twelfth Street Park and the adjoining subdivision. Mr. Saunders then asked Council authorization to obtain proposals from various nurseries to purchase the trees. 89-097 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED AUTHORIZING CITY MANAGER SAUNDERS TO OBTAIN PROPOSALS FOR THE PURCHASE OF 12 TO 15 APPROXIMATELY 12' LAUREL OAR TREES WITH APPROXIMATELY 2-1/2° CALIPERS TO BE PLANTED ON SEMINOLE AVENUE AS A BIIFFER BETWEEN THE PARR SITE AND HAZELWOOD SUBDIVISION. .. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING July 11, 1989 Page -2- PINE TREE DIG City Manager Saunders stated that the City would place an ad in the local newspaper that local residents could come and dig up as many pine trees as they would want from the Twelfth Street Park site prior to excavation. The trees range in size from 1' to 4' and were planted by the previous owners of the property. COUNCIL MEMBER NORQUIST'S REPORT MINNEHAHA ESTATES Council Member Norquist stated that he had received a request from the residents of Minnehaha Estates Subdivision requesting that "Slow Children Playing" signs be erected due to the increase in traffic along the street. City Manager Saunders stated he would investigate the request. SWANS FOR CENTER LAKE Council Member Norquist also reported that he was investigating the swan program conducted by the cities of Orlando and Lakeland to see if it would be feasible to place swans in Center Lake. PRESENTATION OF APPRECIATION AWARDS At this point in the meeting, Mayor Pool presented plaques to DeWitt Excavating and Florida Rock Industries thanking them for their recent contributions to the enhancement of the Jaycee Beach area. Mr. Dale DeWitt of DeWitt Excavating, Mr. Tony Struthers, Plant Supervisor for Florida Rock and others from Florida Rock were present to receive the awards. Mayor Pool thanked the gentlemen for the generous contributions to the City. Also present was Joe Holt, whose diligent work made this all possible, and his contributions were also acknowledged by Mayor Pool. VISITORS WITH BUSINESS CLERMONT ELKS LODGE No one was present from the Elks Lodge to discuss the Elks Lodge parking lot, which is located adjacent to the municipal lot, north of Montrose Street. However, Mayor Pool explained that the lodge feels that their lot is being utilized by downtown patrons and they are looking for some help from the City in maintaining and repairing the parking lot. Some discussion ensued concerning an agreement the City used to have with the lodge which allowed their parking lot to be used as a municipal lot with the City being responsible for maintenance. When the agreement expired, it was not renewed by the City because it was the consensus of Council at that time that the lot was no longer needed for municipal parking. • • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 11, 1989 Page -3 - It was questioned whether the agreement should be renewed and the City take over maintenance of the lot once again. Council Member Norquist asked if the City could put some temporary patches in the lot the next time the City gets a load of asphalt for other patch work. He then asked how much this type of work would cost. City Manager Saunders stated that the entire lot needed to be overlayed or possibly rebuilt, and at this time he did not know how much it would cost. After some further discussion of the request, it was the consensus of Council to discuss this request further at an upcoming workshop meeting. ALAN POOL & DWIGHT MEEKER - RESOLUTION #620 REQIIEST FOR A CONDITIONAL USE PERMIT FOR EXPANSION OF A CONVENIENCE STORE-GAS STATION Before any discussion of the request, Mayor Pool stated a conflict of interest because one of the applicants was his brother. It was then explained that Alan Pool and Dwight Meeker were requesting a Conditional Use Permit for the expansion of the cornrenience store located at 677 West Highway 50. The request is considered the expansion of a non-conforming use since the business is located in the C-1 Zoning District and has the gas service. Planning Director McAllister explained that originally the applicants were planning to dismantle the island closest to Highway 50, except for one diesel pump, and construct a canopy over the southernmost island. However, they now wish to move the diesel pump and put it under the canopy, which would create an even more acceptable safety situation for the station because it would eliminate the pumps next to the road. Mr. Meeker stated that it was possible that there would be a two foot deviation of the placement of the canopy from where it is shown on the sit a plan, but that i t woul d meet al l setback requirements. The deviation would be caused by the moving of the diesel pump under the canopy. City Manager Saunders stated that the Planning and Zoning Commission at their meeting held Wednesday, July 5, 1989, recommended approval of the CUP with the listed conditions, and that Staff also recommended approval of the request. Mayor Pool called for comments from those present and no one spoke if favor of or in opposition to the request. • ~ • CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING July 11, 1989 Page -4- 89-098 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #620 GRANTING AND CONDITIONAL USE PERMIT FOR THE EXPANSION OF A CONVENIENCE STORE/GAS STATION LOCATED AT 677 WEST HIGHWAY 50. MAYOR POOL ABSTAINED FROM VOTING DUE TO A CONFLICT OF INTEREST. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. ' GERALD AND FRANCES SMITH - RESOLUTION #621 REQUEST FOR A CONDITIONAL USE PERMIT FOR CHILDREN'S DAY CARE FACILITY It was explained that the applicants have withdrawn their request for a Conditional Use Permit. JOHN DENIG - RESOLUTION #622 REQUEST FOR A CONDITIONAL USE PERMIT FOR RESTAURANT/DONUT SHOP AT 811 WEST HIGHWAY 50 Mayor Pool explained that Mr. Denig was requesting a Conditional Use Permit for the operation of a restaurant and donut shop at 811 West Highway 50. In the past the site has been used as a restaurant, and most recently it was occupied by Karen's Ice Cream Shop. City Manager Saunders stated that the Planning and Zoning Commission recommended approval of the request with the conditions as stated in Resolution #622, which includes expanded and improved parking areas and required landscaping. Mayor Pool called for comments from those present, and no one spoke in favor of or in opposition to the request. 89-099 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL_MEMBER NORQIIIST AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #622 GRANTING A CONDITIONAL USE PERMIT FOR A DONUT SHOP/RESTAURANT AT 811 WEST HIGHWAY 50. THE RESOLUTION WAS READ BY TITLE ONLY BY MAYOR POOL. PEGGY ABRAHAM OF RESORT MANAGEMENT CONSULTING, INC. - RESOLUTION #623 REQUEST FOR A CONDITIONAL IISE PERMIT FORA PROFESSIONAL OFFICE IN AN R-3 ZONE City Manager Saunders explained that Mrs. Abraham operates a professional office in the building directly east of the proposed site, and she wants to incorporate the single family home located at 931 West Montrose Street into the currently operating business. In the request, Ms. Abraham has stated that she will use approximately 400 square feet of the house for office and the remainder for storage. CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING July 11, 1989 Page -5- City Attorney Baird questioned haw it was determined what the number of parking spaces would be and asked if the square footage of the storage area was used to determine the parking space requirement. He further stated that occupied spaced, not storage area, should be used to figure the requirement. City Manager Saunders agreed that this criteria needed to be addressed because occupied square footage could vary greatly with that used for storage, and extra parking may not be required. It was further explained that the requirements of the Zoning Ordinance concerning parking can be met by providing one additional parking space and the required buffering landscape will have to be installed. City Manager Saunders further stated that the Planning and Zoning Commission recommended approval of this request with the conditions as stated. However, Item #6 needs to be amended to include wording that "No Certificate of Occupancy will be issued until a parking plan is submitted, approved by City Staff and constructed by the applicant. The applicant will be required to provide one (1) additional parking space". Mayor Pool called for comments from those present and no one spoke in favor of or in opposition to the request. A letter was read by Mayor Pool from Mrs. Markland opposing the request due to increased traffic flow. 89-100 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL MEMBER NORQIIIST, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOIISLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION #623 AS AMENDED GRANTING A CONDITIONAL USE PERMIT TO ALLOW A PROFESSIONAL OFFICE IN AN R-3 ZONE LOCATED AT 931 WEST MONTROSE STREET. THE RESOLUTION WAS READ BY MAYOR POOL BY TITLE ONLY. INTRODUCTION OF ORDINANCE 261-C - RELATING TO THE PROTECTION AND REMOVAL OF TREES WITHIN THE CITY OF CLERMONT City Manager Saunders explained that this ordinance relates to the protection and removal of trees within the City, and after several drafts was compatible with the recently adopted Lake County Tree Ordinance, so there would be continuity between the requirements of the two governmental entities. It was further explained that this Ordinance was being introduced tonight with final adoption in two weeks. Mr. Saunders stated that in addenda A and B, he would like palm trees removed from the non- preferred list and placed on the preferred list because a palm tree could then be used to meet the City's landscape requirements. • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING July 11, 1989 Page -6- \~ 89-101 After a brief discussion of the ordinance, A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE AND SECONDED BY COUNCIL MEMBER NORQIIIST TO INTRODIICE ORDINANCE #261-C AS AMENDED TO INCLUDE PALM TREES ON THE PREFERRED TREE LIST. THE ORDINANCE WAS READ BY TITLE ONLY BY MAYOR POOL. FINAL ADOPTION WILL TARE PLACE IN TWO WEEKS. GROUP MEDICAL INSURANCE FOR CITY EMPLOYEES Finance Director Van Zile requested that this item be withdrawn at this time because no new information had been obtained. PROPERTY ACQUISITION City Manager Saunders explained that the City has been notified by the Department of Natural Resources that we have received a grant in the amount of $46.,000 for the purchase of the additional five acres located on the south side of the Twelfth Street Park. This is a 50-50 matching grant, and the property was appraised at $92,000. It was further explained that in order to proceed with excavation and development of the site; a Waiver of Retroactivity from the State had been requested in order to purchase the property prior to actually receiving final documentation from the State, which often takes several months. Mr. Saunders then requested Council approval to negotiate the purchase of the property when the Waiver of Retroactivity is received. 89-102 A MOTION WAS MADE BY COUNCIL MEMBER DIIPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT APPROVAL TO NEGOTIATE THE PURCHASE OF THE ADDITIONAL FIVE ACRES. Mayor Pool abstained from voting on this matter due to a conflict of interest as his family owns the property being purchased by the City. BID AWARDS EXCAVATION OF TWELFTH STREET PARR SITE City Manager Saunders reported that two bids were received for the excavation of the park site. One was received from Carroll Contracting in the amount of $147,972 and the other from Superior Asphalt in the amount of $241,345. . f.. .. • • CITYOF CLERMONT MINUTES REGULAR COUNCIL MEETING July 11, 1989 Page -7- City Manager Saunders further stated that City Engineer Springstead had recommended that Council rej ect both bids and that the prof ect be rebid. 89-103 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOIISLY CARRIED TO REJECT THE BIDS FOR E%CAVATION OF THE TWELFTH STREBT PARK SITE AND REBID THE PROJECT. LANDSCAPE ARCHITECT City Manager Saunders reported that the City received thirteen proposals to perform the required landscape design for Twelfth Street Park project. It was then explained that Donald Undeck of Florida Landcrafters had presented a proposal to perform the required work at no cost to the City. Mr. Saunders then stated that the City was recommending that all proposals received be rejected and that the City accept Mr. Undeck's generous contribution. 89-104 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLB, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOIISLY CARRIED TO REJECT ALL LANDSCAPE ARCHITECT PROPOSALS AND ACCEPT THE CONTRIBUTION FROM MR. DONALD UNDECR OF FLORIDA LANDCRAFTERS. Mr. Mike Burkett of PEC, an engineering firm who bid on the project, expressed his understanding of the Council' s decision, but also expressed disappointment in the fact that their firm spent a great deal of time and money on the proposal and did not get to make a presentation to Council. There being no further business or discussion, the meeting adjourned at 8:30 p.m. Robert A. Pbol, Mayor Attest: Joseph E. Van Zile, City Clerk