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06-09-2009 Regular MeetingCiry of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2009 The Clermont City Council met in a regular meeting on Tuesday, June 9, 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 Mullins gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Wally Herda thanked Lamb's Nursery for donating and planting flowers at the Clermont entrance and requested the City Council send a thank you. Mr. Herda asked City Manager Saunders to have staff repair the outlet on 8"` Street and Montrose Street. It is important to the vendors for the Farmers Market. City Manager Saunders stated the vendors have been notified to not use the outlets. He also noted the flowers are a beautiful addition and thanked Mayor Turville for his involvement. Mr. Herda questioned why the city would not allow the vendors to use electricity and further commented it is beneficial to the city. Mayor Turville suggested putting it on the workshop agenda for discussion. Jim Purvis, 4206 Hammersmith Drive, suggested making changes to allow vendors access to electricity. Ann Dupee, 389 Division Street, reported on the opening of the $12.5 million dollar, 50,000 square foot library located within Clermont's city limits on the campus of Lake Sumter Community College (LSCC). This is a joint use venture of LSCC, the University of Central Florida and the Lake County Library system. Cooper Memorial Library has 26,000 registered borrowers. LSCC's enrollment in 2007 was 1,149, in 2008 it was 1,521 and the fall of 2009 is expected to be much higher. The average student age is 25, and more adults are availing themselves of classes and computer technology to enhance their lives and job opportunities. This library is not in the location that some in the city would have wished, but requested the city move forward and support this facility which will have the capability of enriching and advancing the lives of our residents and students of all ages. Many local residents and organizations have shown their support through sponsorships, from $50 bricks to individual rooms. Clermont has shown its dedication to preserving our history with the restoration of the original Cooper Memorial Library at the Historic Village. Ms. Dupee expressed her desire for the City of Clermont to show support of this new educational and cultural addition to our community by sponsoring the Florida/Genealogy Room, which has a sponsorship of $15,000. She also distributed sheets to sign up to purchase individual bricks. Morten Bjoem expressed an interest in starting a rowing club in Clermont. He has spoken to City Manager Saunders and Assistant City Manager Gray and found a location beside the Wakeboarding School. In the future, there will be a scholarship program for high school students. Mayor Turville advised this will have to be placed on an agenda for Council consideration. City Manager Saunders commented staff will meet with him to work out details then return to the City Council. Rodney Lyons, 214 Carroll Street, expressed concern with criminal activity in his neighborhood and questioned police response. City Manager Saunders reported the Police Department recently completed an operation with the Lake County Sheriff's Office resulting in warrants of arrest for 14 people. There was one minor out of the 14 arrested. City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2009 Mayor Turville encouraged public involvement and asked Mr. Lyons to continue communicating with Chief Graham. Council Member Goodgame requested Chief Graham at the next Council meeting to answer questions. City Manager Saunders suggested the workshop on June 15. Cuqui Whitehead, 837 5"' Street, commented on seeing portions of the city cleaned up. REPORTS City Manager Saunders reported the election qualifying dates is the week of June 15 through 19. The City was notified last year by an attorney representing the estate of Lillian Bridges Davis, who was a previous resident of Clermont. She left $100,000 in her will to the City of Clermont designated for parks. 80 percent of the distribution has been made and received a letter this week in attempting to close the estate letting the beneficiaries know there were not enough funds to pay the full amount. They are requesting all beneficiaries to agree to the final disposition to close out. The final amount the City of Clermont will receive is $98,929.06. Staff is asking for Council permission to accept the final distribution. Council Member Mullins moved in favor of accepting the final distribution; seconded by Council Member Hogan. The motion passed with all members present votin~"aXe". Mayor Turville requested the city recognize the estate for this contribution. City Manager Saunders noted staff has been working on the comprehensive plan update. Consulting firm, LDI, has been working on the rewrite of the plan. Staff received the Objections, Recommendations and Comments (ORC) report and is pleased to report there were only seven (7) comments received. There is a considerable amount of work to be done in order to complete the project. Planning Director Hitt requested the LDI contract be amended for $6,000 to complete the additional work and City Manager Saunders concurred with the recommendation. Council Member Hogan so moved; seconded by Council Member Mullins. The motion passed with all members present voting "aye". City Attorney Mantzaris - No report Council Member Hogan reported the Water Alliance meets tomorrow in Leesburg. Council Member Goodgame stated the construction work on Highway 50 will be starting soon. Mr. Goodgame reported on a conference call he had with TJ Fish, Executive Director of the Metropolitan Planning Organization, and George Lovett, Director of Project Development, to discuss the funding of the western portion of Highway 50 from Hancock to Grand Highway. The original estimate was $8.3 million. The new bid received is $6.4 million. Council Member Mullins thanked Ms. Lamb and Mayor Turville for planting the flowers at 8`h Street. He attended the Grand Opening of BJ's Whole sale Club and they were complimentary of city staff Tamara Richardson and Jim Hitt. Also, the Art Work will be held on Saturday from gam to 3pm in downtown Clermont. Council Member Thompson received a request from Marlene O'Toole, State Representative, asking to use the Council Chambers for a south Lake County update on June 30. City Manager Saunders did not believe there would be a conflict. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2009 Council Member Thompson introduced Michael Fagan. He is a senior at South Lake High School and is taking an American Government class to be dual enrolled as a senior at South Lake and a freshman at Lake Sumter. Mayor Turville reported on the Mavericks first home game. They are currently playing at East Ridge High School and are interested in using Bishop Field next season. He further commented on city staff assistance with planting flowers on 8`h Street. There were a total of 534 flowers planted and Lamb's Nursery is planning to maintain the flowerbed. 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 -Plat Approval Item No. 2 -Event Request Item No. 3 -Change Order #2 Item No. 4 -Surplus Equipment Request approval of the Watson Center at Clermont, a commercial subdivision Downtown Partnership Request use of the City Parking Lot and driveway on Montrose St. between the South Lake Animal League and the Olivenbaum Insurance building for the location of a portable stage for the Annual Sidewalk Chalk Contest on Saturday June 13th Request approval of Change Order # 2 for the Cooper Memorial Library Relocation project for Marbek Construction in the amount of $3000 Request authorization to surplus Fire Department Staff Car City Manager Saunders pulled item 1 from the consent agenda and will return to Council at a later date. Council Member Goodgame moved for items 2, 3 and 4 of the consent agenda be approved; seconded by Council Member Mullins. The motion passed with all members present voting "ate UNFINISHED BUSINESS Resolution 1613 -Verde Ridge This item has been requested to be withdrawn. NEW BUSINESS Open Air Sales Permit - RB Drive Thru Paradise Fruits & Vegetables Jim Hitt, Planning Director, reported on the request. Open Air Sales Permits are time constrained for a maximum of 30 days, one time per year. Permits for longer must be approved by City Council. City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2009 The applicant is requesting this permit to run with the business at this location, unless the business is moved, or ceases operation for more than six months. The applicant is requesting to display two stands because the sales operation of the fruit stand relies on visual aids to gain customers. This site had previously been used for drive thru retail sales, and before that a gas station. The building has been repainted and the site was recently repaved where the original fuel tanks were removed. Staff recommended approval. The permit shall be cancelled if the business does not maintain the Business Tax Receipt or ceases operation for more than six months. The applicant was present and available for questions. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, reported the establishment having an illegal sign and noted the location is not well kept. Mayor Turville closed public hearing. The applicant stated he has made landscaping improvements to clean up the property. Mayor Turville commented he would rather have a fresh vegetable market than a convenience store at that location. Council Member Goodgame asked if this station will be bought out by the Florida Department of Transportation. City Manager Saunders noted that it will not be. Council Member Mullins moved to grant the open air sales permit; seconded by Council Member Hogan. The motion passed with all members present voting_"aye". Variance Request -Buffalo Wild Wings Restaurant Mr. Hitt, Planning Director, presented the requests. The first variance requested is to allow for an outside patio on the southeast side of the restaurant. The Code requires that all uses be enclosed within the C-2 General Commercial District. This type of use is similar to other restaurants in Clermont and will enhance the visual appeal and activity of the shopping center. Staff recommended approval because this outside use is not adjacent to any residential use and is not a detriment to the area. The second variance is to allow for a reduction of the required number of parking spaces. The applicant is requesting a 14 space reduction from 116 required parking spaces to 102 provided parking spaces. Cross parking on the adjacent parking area of the shopping center is available for any overflow parking issues. Staff recommended approval of the parking reduction variance request. Scott Gentry, Engineer, was present on behalf of the applicant. Buffalo's is a sports themed family style restaurant. He worked with staff and the building has been reduced. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`h Street, voiced concerns with the outside seating area. Andrew Gross explained this is a full service restaurant inside and outside. The restaurant will be open until 2:OOam. City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2009 Jim Purvis, 4206 Hammersmith Drive, questioned whether there would be a covering for the outdoor area and expressed concern with an outdoor bar. Scott Gentry confirmed the outdoor area is covered. Mayor Turville closed the public hearing. Council Member Mullins questioned the type of license the restaurant will have. The applicant confirmed they will have an SRX license therefore having to sale 51% food. Council Member Mullins did not believe noise would be an issue given the location is not around residential properties. Council Member Goodgame requested standard language related to noise. City Attorney Mantzaris clarified that language is placed in Conditional Use Permits; this is a variance request. Council Member Goodgame expressed concern with the restaurant hours. City Manager Saunders suggested limiting the hours for the outside seating to midnight. Council Member Thompson commented the restaurant in Casselberry is very nice and clean. He noted other restaurants are open until 2:OOam and he did not have an issue with the request. Dale Menninger, Construction Manager for Weingarten, commented on having an existing OEA throughout the center with all major tenants having specific language related to noise. If it became a problem, they would step in and close the business. Council Member Mullins moved to grant the two {~ variances requested; seconded by Council Member Thompson. The motion passed with all members present voting "aye". Variance Request -Family Christian Center Curt Henschel, Planner, presented the request. The applicant requested a variance for grass parking area. The church is currently working on a master development plan that proposes a new gymnasium and school building at the grass parking location. The applicant wishes not to pave this area because it is designed for future development. The church property has been granted prior variances for grass parking adjacent to Highway 27 as well as a large area for the prior master development plan. The existing grass parking has not created any drainage or runoff problems in the past and has been kept in good condition. The overall site will be parked per code including the grass parking area. The church is proposing to pave the drive isles to prevent erosion. Without the requested variance, the applicant would be required to demolish the parking lot that may only be a few years old in order to construct a gymnasium and school building for the master development plan. 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 Bill Van Wagner was present on behalf of Family Christian Center and was available for questions. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2009 Mayor Turville opened the public hearing. Herbert McKinney, 12711 Catherine Circle, requested a buffer to prevent noise. Mr. Van Wagner responded there is a 35 foot buffer with natural vegetation according to city recommendation. There are no outdoor speakers except for special occasions such as Easter and Christmas. Furthermore, he does not believe there is a need for an additional buffer. City Manager Saunders noted the applicant is working on a master plan for the entire site. At that time, the Council could address the noise situation to ensure there is not a problem. Mayor Turville closed the public hearing. Council Member Hogan moved to grant the variance request; seconded by Council Member Mullins. The motion passed with all members present voting "ate Variance Request -Oakwood Restaurant Jim Hitt, Planning Director, presented the request. There are a total of four outparcels that face U.S. 27, three are directly on U.S. 27, and the fourth is the Oakwood Smokehouse, which is separated from U.S. 27 by a retention pond. This business is the only one that does not have a sign, and is requesting to use the retention pond for placement of a sign. Although the building can be seen from U.S. 27, it is set back farther than the other three outparcels, and the retention pond is elevated from U.S. 27, as is the Oakwood Smokehouse. The applicant has requested this variance to place their offsite monument sign on the western part of this retention pond parcel, facing U.S. 27. Staff recommended approval for the offsite sign because the drainage pond cannot be built on and is directly adjacent to the only business to use this location for an individual sign. The applicant was present and available for questions. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, spoke in support of the offsite sign request. Jim Purvis, 4206 Hammersmith Drive, supported the request. Mayor Turville closed the public hearing. Council Member Goodgame moved for acceptance of the variance; seconded by Council Member Mullins. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING June 9, 2009 Ordinance No. 621-M Introduction Mayor Turville read Ordinance 621-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting changes to the Future Lane Use Map and adopting text changes to the goals, objectives and policies of the Future Land Use, Transportation, Housing, Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water, Natural Groundwater Aquifer Recharge, Conservation, Recreation and Open Space, Public School Facilities, Intergovernmental Coordination and Capital Improvements Elements of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan amendments; establishing the legal status of the Comprehensive Plan amendments; providing for severability, conflict and an effective date. Council Member Mullins moved for introduction of Ordinance 621-M; seconded by Council Member Good~ame. The motion passed 5- 0 on a roll call vote with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 8:35pm. APPROVED: arold S. Turville, Mayor CITY OF CLERMONT Office of the Fire Chief To: Wayne Saunders, City Mana er From: Carle L. Bishop, Fire Chief ~~~~---- Re: Surplus, FD Staff Vehicle Date: May 28, 2009 I am requesting the following Fire Department Staff Car to be placed on the June 09, 2009 Council Agenda for surplus. Vin # Model/Year Tag 2FAFP71 W9WX117237 Ford Crown Victoria - 1998 84721 439 WEST HIGHWAY 50 • CLERMONT, FLORIDA 34711 PHONE: 352/394-7662 • FAX: 352/241-4904