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05-26-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 The Clermont City Council met in a regular meeting on Tuesday, May 26, 2009 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of April 28, 2009. Council Member Goodgame moved for the minutes of April 28 be approved as written• seconded by Council Member Thompson The motion passed with all members present voting "aye". Council meeting minutes of May 12, 2009. Council Member Goodgame moved for the minutes of May 12 be approved as written• seconded by Council Member Mullins. The motion passed with all members present voting "ate REPORTS City Manager Saunders scheduled a Council Workshop for Monday, June 15 at 6:OOp.m. City Attorney Mantzaris - No report Council Member Hogan congratulated the Pig on the Pond event for collecting $83,000 for scholarships on March 13 and 14. Council Member Goodgame thanked staff for obtaining the grants to assist with the purchase of the Inland Grove Property on the west side of Lake Minneola. The State Legislature failed to fund the Florida Forever program for 2010. In addition, the tourism revenues are down by 34% from April 2009 to April 2008. The Florida Department of Transportation (FDOT) reported the funding for the last section of Highway 50 from Hancock Road to Grand Highway needs funding and is an equal amount of funds Plaza Collina committed to the county for their concurrency on their program. Plaza Collina is now for sale. Council Member Mullins requested staff attend the next League of Cities meeting as Kirby Green will be speaking at that meeting regarding the St. Johns River Water Management District letter. Council Member Thompson congratulated the East Ridge and South Lake High School students graduating this Friday. Mayor Turville commented on the Memorial Day celebration on Crystal Lake. It was a well received and successful event. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 PROCLAMATION Mayor Turville read the Election Proclamation aloud. Mayor Turville amended the agenda to review the Kingdom Hall request. He stated if the annexation fails then the other items fail. The next four items were heard together and voted on separately. Ordinance 619-M -Final Hearing Mayor Turville read Ordinance 619-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present City boundaries; providing for an effective date; providing for severability; and providing for publication. Ordinance 620-M -Final Hearing Mayor Turville read Ordinance 620-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan amendment; providing for the adoption of the Small Scale Comprehensive Plan amendment; establishing the legal status of the Small Scale Comprehensive Plan amendment; providing a severability clause; and providing an effective date. Barbara Hollerand, Planner, presented the annexation request and small scale comprehensive plan amendment for Kingdom Hall. The vacant, five-acre property is on the southeast corner of Sunburst Lane and C.W. Harrell Road. South English Congregation of Clermont is the owner. Brian Denham of Denham Summitt Engineering is the applicant. The first two requests are for annexation into the City and to change the Future Land Use from Lake County Rural to Undeveloped District 7 (UD-7) Public Facilities/Institutional. The property owner applied for annexation into the city last August. The Council denied the request at that time, voting 3-2 against the annexation. The 2008 request was not accompanied by a request for a Conditional Use Permit (CUP), which is required for a church use. The property is contiguous to the City on its west side, which borders the Magnolia Park subdivision. Properties to the north, south and east are in Lake County, with Rural Future Land Use and agriculture and R-1 zoning. The subject property currently has agriculture zoning in the county. Since August, the owner has been working with engineers to develop a site plan and complete the requirements of the CUP application. The applicant is proposing to construct an approximately 4,600-square-foot church on the property, which represents a reduction in size from the development proposed in 2008. Upon annexation, the property assumes Urban Estate zoning, which is sufficient for a church use. In March, the applicant applied for an exemption from a full traffic study. The City, in working with the Lake-Sumter Metropolitan Planning Organization, concurred with the findings in the trip generation study that the development does qualify for the exemption based on a project trip generation of less than 25 peak hour trips. The subject property is within the City's Joint Planning Area and is contiguous to the City on its west side. Annexations of infill properties are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Ciry of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 An institutional use such as a church is appropriate at this location. The Planning and Zoning Commission on May 5 voted 4-2 to recommend approval of the Future Land Use Map change. Staff recommended approval of the annexation request and approval of the future land use change to UD-7 Public Facilities/Institutional. Resolution 1616 -Kingdom Hall Mayor Turville read Resolution 1616 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a church facility in the UE Urban Estate Zoning District. Variance Request -Kingdom Hall Curt Henschel, Planner, presented the report on the CUP and variance request. The variance is to allow for a grass parking area rather than a paved parking area. The number of required parking spaces is 44. Staff recommended approval of the grass parking spaces with a condition that all drive isles be paved and parking is stabilized as approved by the City Engineering Department. Applicant, Brian Denham, Denham-Summit Engineering, was present. The project is located at Sunburst and C.W. Harrell Road. He requested Council approval to allow a church use. The membership will focus on the south side of Highway 50. Mohammad Adella, Registered Professional Engineer, informed Council a church has a lighter impact and is limited to one or two days per week. This usage does not have a direct traffic impact. Louis Solenza, Volunteer for Kingdom Hall, noted the size of the building had been scaled back. The church group meets twice per week. He also displayed an illustration of the building. Attorney Max Wright was present on behalf of the applicant. They are a law abiding group and interested in following directions of the city code. He provided a petition in support of the request from a group of 19 individuals who live in the neighborhood of Magnolia Park next to the church. Ms. Santano and Mr. Raymond spoke in support. Attorney Max Wright presented the petition to staff for the record. Brian Denham, Denham-Summit, acknowledged he would be available for questions. Mayor Turville opened the public hearing. Mr. Charles Harrell, C. W. Harrell Road, spoke in opposition to the zoning change request. Jim Purvis, 4206 Hammersmith Drive, opposed the request and asked Council to not approve the annexation. Mr. Ceballos, 15515 Johns Lake Road, expressed concern for safety with only one entrance. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 Mr. Douglas Faiver was present on behalf of the homeowners in the community. He has served on the Magnolia Park Homeowners Association Board of Directors for the last 3 years. They are opposed to the annexation and rezoning. He presented copies of the petition having 122 signatures and 22 letters sent to the Lake County Commission. Mr. Rahamon, 15632 Laguna Road, expressed concern and opposed the request. Cuqui Whitehead, 837 5`h Street, supported the request. Heather Kelly 2900 White Magnolia Loop, expressed safety concerns with additional vehicles. Mr. Gordon Warren, 15147 Sunburst Lane, expressed safety concerns. Ms. Judy Proli, 1020 Everest Street, spoke in opposition to the request. Mr. Cesar Romera expressed concern with traffic. Ms. Jackilene Milada was not opposed to the request. Ms. Terri Parsons voiced concern with traffic. Mr. Mark Entner, 2940 White Magnolia Loop, voiced opposition to the request. Mayor Turville closed the public hearing. Mayor Turville noted the church has the least significant impact. Council Member Goodgame commented on an email received from Mr. Harrell that he will pass on to City Clerk Ackroyd for the record. Council Member Mullins stated the church appears to fit the property and noted this will be a good change and good use for the neighborhood. Council Member Hogan expressed opposition to the annexation. Council Member Thompson asked for clarification of accident numbers. Mr. Mohammad reported on having the Crash Data Summary Report from Lake County based on police reports. There were 5 accidents in a 3 year time period from Apri12006 to Apri12009. Council Member Thompson questioned how they would address safety issues. Mr. Solenz noted concern and will encourage everyone to exercise caution. Council Member Thompson asked if the applicant would be prepared to pave the road based on the CUP request. Mr. Solenz confirmed they would not have a problem paving however mentioned one of the homeowners did not want to have the road paved. He suggested posting bonds to allow the City to pave the road and leave the utilities in place. Mayor Turville questioned whether it would be an issue to post a bond. City Manager Saunders responded that it would be a difficult situation to have a bond posted because of trying to estimate road costs today for future years. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 Council Member Thompson agrees that a church at this location will have the least amount of impact and voiced concern for property owner's rights. City Manager Saunders clarified a potential discrepancy with the crash report. The report submitted by Lake County and is only for crashes on Hancock Road; Sunburst Lane is not included in the report. Mr. Saunders further noted the petition given to City Clerk Ackroyd earlier represents eight locations with 19 signatures. Brian Denham noted the applicant will be good neighbors and will respect the concerns of citizens. Council Member Hogan noted of the 237 homes in the community only 8 were in support of this request. Council Member Mullins moved for the adoption of Ordinance 619-M• Mayor Turville passed the gavel to Council Member Thompson to second the motion. Under discussion, Council Member Goodgame commented the majority of the neighborhood is opposed to this request. Council Member Mullins noted most churches start out in a neighborhood setting. The motion passed 3-2 on a roll call vote with Council Members Hogan and Goodgame opposing. Council Member Mullins moved for the adoption of Ordinance 620-M• seconded by Council Member Thompson. The motion passed 3-2 on a roll call vote with Council Members Hoban and Good ag me opposing_ Council Member Mullins moved for the adoption of Resolution 1616• seconded by Council Member Thompson. The motion passed 3-2 with Council Members Ho ag n and Good ag me opposing_ Council Member Mullins moved to approve the requested variances• seconded by Council Member Thompson. The motion passed 3-2 with Council Members Ho ag n and Good ame opposing. Mayor Turville called for a recess at 9:19pm; the meeting reconvened at 9:34pm. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, thanked those attending the Memorial Day event and thanked Public Services staff for preparing the event. Cuqui Whitehead, 837 5`h Street, commented on the Memorial Day event. CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1-Agreement Approval Request approval of an agreement with BankFirst BankFirst for banking services. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 Item No. 2 -Bid Award Request authorization to award the bid for the Oak Hill Cemetery Cemetery Columbarium project to Southern Monuments Studio in the amount of $21,725.00 Item No. 3 -Surplus Equipment Request authorization to surplus equipment from Public Services Department the Public Services Department Item No. 4 -Change Order No. 1 Request approval of Change Order No. 1 for the Engineering Department West Side Force Main to SWP Construction, Inc. in the amount of $92,034.00 Item No. 5 -Bid Award Request authorization to award the bid for the Engineering Department Hancock Road Reclaimed Water Main project to A & L Underground in the amount of $1,436,393.00 Item No. 6 -Easement Approval Grant an easement to Progress Energy to allow Engineering Department the installation of necessary upgrades to power serving the Public Services compound at 400 12`h Street Item No. 7 -Easement Approval Grant an easement to Progress Energy to allow Engineering Department the installation of necessary upgrades to power serving Fire Station No. 3 Mayor Turville noted that Item 1 has been removed from the consent agenda. Council Member Goodgame questioned item 5. City Engineer Richardson stated the funds will come out of the Utility budget. City Manager Saunders noted the reclaimed main is currently in the budget. Council Member Mullins moved for adoption of consent agenda items 2 - 8• seconded by Council Member Thompson. The motion passed with all members present voting "aye„ UNFINISHED BUSINESS The next two items were heard concurrently and voted on separately. Ordinance 616-M- Final Hearing Mayor Turville read Ordinance 616-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive Plan amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the Small Scale Comprehensive Plan amendment; setting forth the purpose and intent of the Small Scale Comprehensive Plan amendment; providing for the adoption of the Small Scale Comprehensive Plan amendment; establishing the legal status of the Small Scale Comprehensive Plan amendment; providing a severability clause; and providing an effective date. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 Ordinance 617-M -Final Hearing Mayor Turville read Ordinance 617-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida amending the Official Zoning Map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability, providing for an effective date and providing for publication. Barbara Hollerand, Planner, presented Ordinance 616-M and 617-M. These are related requests for a property on the southeast corner of S.R. 50 and East Avenue. The approximately quarter-acre property is at 101 E. Highway 50. The owners are John and Vickie Wetzel, and John Wetzel is the applicant. The requests are for a small-scale comprehensive plan amendment to change the property from Residential/Professional future land use to Commercial in Non-Established District 3 (NED-3). The related rezoning request is to change from R-3 Residential/Professional to C-1 Light Commercial. The approximately 1,300-square-foot building was built in 2003 as a pool contractor's office. The applicant is applying for the future land use and zoning changes to convert the building to retail use. The rezoning request to C-1 is contingent upon the approval of the future land use change to commercial. Currently, there is Established Residential District 2 (ERD-2) Public Facilities/Institutional to the north and a vacant parcel with NED-3 Commercial to the west. To the south, along East Avenue, is another office building in NED-3 Residential/Professional and to the southeast there are multifamily units along Lake Sunnyside in ERD-2 Residential. In the last 11 years, the City Council has approved four similar requests from Residential/Professional to Commercial in the NED-3 district along S.R. 50. In 1998, the Cabbage Patch property on the corner of Fifth Street and S.R. 50 was granted the change. A property on the corner of Fourth Street and S.R. 50 was approved in 2001. In August 2007, the Jones property on the corner of Lake Avenue and S.R. 50 was approved. Most recently, Clermont Florist was granted a change in October from NED-3 Residential/Professional to NED-3 Commercial for its new retail store on the corner of Fifth Street and S.R. 50. The subject property is adjacent to a nearly mile-long segment of C-1 zoning that runs along the south side of S.R. 50 from East Avenue to West Avenue. Currently, there is R-2 Residential zoning to the north and east of the property and R-2 and R-3 to the south. Staff believes expansion of light commercial use at this location is appropriate. The Planning and Zoning Commission earlier this month unanimously recommended approval of both the Future Land Use Map change and the rezoning. Staff recommended approval of the Future Land Use Map change and approval of the request for rezoning. Applicant, Mr. John Wetzel, was present and available for questions. Mayor Turville opened the public hearing. Mayor Turville questioned the number of parking spaces. Planning Director Hitt noted the applicant does have ample parking. Council Member Good~ame moved for adoption of Ordinance 616-M• seconded bX Council Member Thompson. The motion passed 5-0 on a roll call vote with all members present voting "aye". Council Member Goodgame moved for adoption of Ordinance 617-M• seconded by Council Member Thompson. The motion passed 5-0 on a roll call vote with all members present voting"aye". City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 Ordinance 365-C -Final Hearing Mayor Turville read Ordinance 365-C aloud by title only. An Ordinance of the City of Clermont amending Chapter 14, "Buildings and Building Regulations", Article I, "In General" by creating Section 14-9 "International Property Maintenance Code", providing for the incorporation of the Maintenance Code into the City Code; providing for severability, conflict, codification and effective date. City Attorney Mantzaris advised Council this is an important piece of legislation needed to address issues when property does not meet code; it replaces the abatement code. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, stated the city continues to have an ongoing problem with property maintenance. Council Member Goodgame moved for adoption of Ordinance 365-C• seconded bv_ Council Member Hogan. Under discussion, Council Member Mullins questioned how this applies to an owner occupant. City Attorney Mantzaris stated the purpose is to address larger issues that have an impact on the community but do involve tenant occupied locations. This is being put in place to help with enforcement of codes. Council Member Goodgame called for the question. The motion passed 5-0 on a roll call vote with all members present voting "aye" Ordinance 367-C -Final Hearing Mayor Turville read Ordinance 367-C aloud by title only. An Ordinance of the City of Clermont, Florida relating to Red Light Signal Violations; amending Chapter 62, Traffic and Vehicles, of the City Code by creating new Article III, "Red Light Signal Violations", Sections 62-40, et sequel, providing for definitions; adhering to Red Light Traffic Control Signals; Enforcement; Notice of Violation; Owner Responsibilities; Appeal; Penalties and Administrative Charges and providing for severability, conflict, codification and an effective date. City Manager Saunders informed Council the Florida Legislature failed to adopt any type of legislation governing red light cameras. This can be adopted locally to allow the city to adopt red light cameras at a future date. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, asked for clarification. City Manager Saunders explained the Council would have to select a company to install cameras and appoint a hearing officer to hear any appeals. It would have to return to Council for approval. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 Judy Proli, 1020 Everest Street, supported the adoption for the safety of citizens. Council Member Mullins expressed concern with the installation of cameras causing an increase in accidents. He suggested a time delay of the lights. Council Member Goodgame moved for adoption of Ordinance 367-C• seconded by Council Member Hogan. The motion passed 5-0 on a roll call vote with all members present voting"aXe". NEW BUSINESS Resolution 1615 -Sports on Tap Mayor Turville read Resolution 1615 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow abar/pub within the Central Business Zoning District. Curt Henschel, Planner, reported on the CUP request. The applicant requested a CUP for a bar and grill to be located at 528 8`h Street. The existing restaurant is changing management, and would like to change their alcohol license with the state to allow for more than 51 percent of the sales to be alcohol related. The new management does not intend to close the restaurant, and will remain open for lunch and dinner. Code changes in the Central Business District have changed the parking requirements, and the current code requires 34 parking spaces, and there are 34 parking spaces provided on site. This includes 3 spaces for the small retail/office building at 524 Eighth Street. The applicant also requested switching to a 4COP- Quota which only provides for 10 percent food sales. This type of license is more reflective of a primary use as a bar or lounge. Although, the owner has proposed additional conditions to be applied to the CUP. Mr. Henschel reviewed the conditions. Staff recommended denial. The Planning and Zoning Commission voted 4 - 2 to recommend approval to City Council. Planning and Zoning also recommended adding 12 proposed conditions as provided by the applicant and add the following condition: In the event City staff determines that the operation of a Bar creates a concern to the general welfare of the City of Clermont, this resolution shall be presented to the City Council for reconsideration of the approval of the bar granted herein. Staff concern as referenced herein shall be defined as three documented complaints in one year period of violations of applicable laws, regulations and ordinances. Chris Roper, Esq., Akerman-Senterfitt was present on behalf of the applicant. He agreed with the condition recommended by staff and the Planning and Zoning Commission. The applicant operates Sports on Tap in downtown Clermont. Due to declining food sales, the applicant is required to obtain a new beverage license from the State of Florida or go out of business. The new license would allow for more than 50 percent of sales to be derived from alcohol; not requesting approval as a standalone bar. He is seeking approval of the city's definition of a bar which is a much stricter standard than used by the state. There will be no change in operations or additions to the building. In regards to the issue staff raised with parking, the tight parking is a trade off when the city amended the parking requirements for downtown properties. They reduced the number of spaces required in order to stimulate development in the downtown area. The applicant is compliant with new standards. 9 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 Mr. Roper made one clarification to language in the CUP on page 4, condition number 12 ties the CUP to the CUP approved in 1996. The applicant is happy to comply with the conditions except for the parking conditions. Those requirements were more stringent than today. Todd Harding, General Manager, agreed to comply with conditions set forth in the staff report and CUP and will help to revitalize downtown. Mr. Roper further noted the condition that food service be available at all times alcohol is available. Package sales of alcohol are prohibited. It is served by the glass for consumption on the premises and smoking is prohibited indoors. Mayor Turville opened the public hearing. Judy Proli, 1020 Everest Street, expressed concern and opposed the request. Cuqui Whitehead, 837 5`h Street, opposed if it is solely a bar. Mr. Dave Thomas requested approval. He explained this restaurant is a unique situation. It is expensive to put this license in place and wants to keep it viable. Food sales are not reaching 51% as required. Jim Purvis, 4206 Hammersmith Drive, requested Council make it a limited agreement, if approved. Mayor Turville closed the public hearing. Mayor Turville questioned the menu. Mr. Roper noted the applicant is targeting sports fans. Currently, only 38 percent of proceeds have been food sales. Council Member Mullins preferred a restaurant instead of a bar. General Manager Todd Harding stated he is trying to improve the food quality and is changing the menu to add more expensive items. Mayor Turville expressed concerned with a bar only scenario. Mr. Roper informed Council the applicant is agreeable to reduce the percentage of alcohol sales and incorporate it as a condition to the CUP to ensure this will be maintained as a restaurant and not be used as a bar. Mr. Roper suggested a threshold where food sales cannot be less than 30 percent of overall sales. City Attorney Mantzaris questioned the suggested condition. Mr. Roper noted the city could be the substituting monitoring agency. Council Member Mullins questioned the states reporting procedures. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 Robert Casey explained the process with the State when not in compliance. He informed Council the State sends a letter of compliance and within 30 days sends an auditor out to review the financial records. If the records do not support a 51 percent food ratio then puts in a violation of compliance and will revoke the license. Once revoked, there is a 6 month waiting period before replacement of license or go to a beer and wine license. By only having a beer and wine license, it results in approximately 40 percent loss in income. Council Member Goodgame suggested the applicant try to attract a different clientele. Council Member Thompson voiced concern with no provisions addressing this establishment could not instantly turn into a full bar. Council Member Mullins expressed his preference for a restaurant. Mr. Roper stated his applicant wants to be a restaurant and willing to incorporate conditions in the CUP to ensure it is a restaurant. Mayor Turville noted the City does not want to be in the business of reviewing their financial records Todd Harding advised Council the Quota is based on population. The applicant has to buy an existing license. The cost in Lake County is approximately $300,000. He addressed Council Member Thompsons concerns. The applicant will not be filing for a standalone bar status. They will be filing for a State of Florida restaurant license therefore will have to conform to the guidelines of a restaurant. It will be inspected every 60 days to 90 days by a health inspector and conform with and maintain food manager and safe serve certification for staff. Although applying for a Quota license, they are still required to conform to a large number of State food requirements. Chris Roper, Esq., decided to withdraw the application at this time. Open Air Sales Permit -American Golf Carts Variance Request -American Golf Carts Jim Hitt, Planning Director, reported on the variance and open air sales permit request. Staff recommended approval of the variance to allow open air sales within 100 feet of State Road 50, provided that the landscape area is installed, the permanent storage area is completed and all other applicable code requirements are adhered to. Staff also recommended approval of the open air sales permit to run with the business at this location, unless the business is moved, or ceases operation for more than six months. The applicant was present and available for questions Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, questioned the parking. Jim Purvis, 4206 Hammersmith Drive, expressed concern with the overall site plan. Melvin Davis, 8515 Green Valley, questioned the parking area for customers. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 26, 2009 City Manager Saunders explained it is 10 foot from the sidewalk. Council Member Thompson asked about the Fire Department. City Manager Saunders did not see that as a problem. Council Member Goodgame moved for acceptance of the open air sales permit; seconded by Council Member Mullins. The motion passed with all members present voting"aye". Council Member Goodgame moved for acceptance of the variance request; seconded bX Council Member Mullins. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 11:33pm. APPROVED: arold S. Turville, Mayor ATTEST: Tracy Act oyd, City Cl c 12 ! ~~~~~'_ '- Memorandum TO: Wayne Saunders, City Manager Darren Gray, Assistant City Manager FROM: Preston Davis, Public Services Director PD DATE: May 11, 2009 SUBJECT: Surplus Equipment for Public Auction Request to surplus the listed equipment and send to public auction. AMOCO BRAKE LATHE 4000 SN#109580 COATS TIRE MACHINE SN#092155893 FREON RECOVERY UNIT SN#911438 FREON RECOVERY UNIT SN#15675