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09-08-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 The Clermont City Council met in a regular meeting on Tuesday, September 8, 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 August 11, 2009 and August 25, 2009. Council Member Goodgame requested an amendment to the August 11 minutes under the public comments section. He noted Cuqui Whitehead's trip was in Nicaragua. Council Member Goodgame moved for approval of the August 11 minutes as amended• seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame moved for approval of the August 25 minutes as written• seconded by Council Member Mullins. The motion passed with all members present voting "ate PUBLIC COMMENTS Rodney Lyons, 214 Carroll Street, questioned whether the Police Department is enforcing Florida Statutes as it relates to solicitation. City Manager Saunders advised that City Attorney Mantzaris is drafting an ordinance to give the Police Department more authority in dealing with this issue. The adoption should be in October. City Attorney Mantzaris remarked the Florida Statutes described at the previous Council meeting were inapplicable to the situation being discussed. There are statutes dealing with criminal activity but does not deal with the solicitation issue. There are restrictions placed on government agencies related to regulating solicitation for charitable purposes. The Ordinance being drafted will give the Police Department strength to address the situation. Mr. Lyons questioned the status of a records request. Mayor Turville asked City Manager Saunders to check with Chief Graham on the request. Jim Purvis, 4206 Hammersmith Drive, expressed discontent with the amount of time it has taken to resolve this matter. City Manager Saunders noted the neighborhood has improved in the last 9 months. Since July 1, the Police Department has only received two (2) calls. Charlene Forth, 939 W. Desoto Street, stated the Police Officers do need additional help. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 Ms. Forth commented on the recent incident of defacing property with offensive posters of President Obama. She questioned why the Council is not directing staff to collect money for the vandalism. Mayor Turville remarked the State Attorney's office is not interested in pursuing it. City Attorney Mantzaris stated the City was notified on August 27 of the State Attorney's office decision to decline continuation with prosecution. At that point, the city had costs associated with the damages and it fell upon the city to determine the means to collect those funds. We will pursue every option available to collect the money. The city does have ordinances used to prosecute this individual. City Manager Saunders has given direction to pursue as a good expenditure of the City's resources. Mike Latham, President of the Downtown Partnership, requested Council authorization to have a continuing event on Friday nights from Spm to lOpm at the Trailhead Pavilion of acoustical music entertainment. The Downtown Partnership Board voted to approve this request to be brought to the City Council for approval on a trial basis. Mayor Turville directed staff to place this request on the next meeting agenda. REPORTS City Manager Saunders - No Report City Attorney Mantzaris commented on the Resolution Council recently adopted to participate in the Inter-local Agreement initiated by Montverde. The law provides for the opportunity of an elected official to participate in negotiations. Commissioner Renick will be the representative from Lake County. Each meeting will be posted as a sunshine meeting. Mayor Turville agreed to represent the City of Clermont and requested consideration be given to designating a second appointee in the event he is unable to attend. Council Member Mullins so moved to appoint Mayor Turville as the designee and Council Member Goodgame as the alternate; seconded Council Member Thompson. The motion passed with all members present voting_"aye". Council Member Hogan stated the Council will have to formally vote to officially withdraw from the Water Alliance at the next meeting. He invited everyone to attend the Dedication Ceremony at Fire Station No. 1 this Friday at gam. Council Member Goodgame noted parking will also be available at the Presbyterian Church with a shuttle service provided for the dedication ceremony. Mr. Goodgame stated a citizen has offered to build a model of an outhouse for the Historic Village for the 125th event. He suggested a motion for Council to approve the Historical Society having an outhouse constructed between the Kern and Townsend House with staff reviewing the plans. Council Member Mullins motioned to allow the Historical Society to construct a non functionin„g_replica and the City Manager will oversee the plans• seconded by Council Member Hogan. The motion passed with all members present voting_"aye". Council Member Mullins stated he would be attending the Citizen Sales Tax Oversight Committee Review and will report to Council at the next meeting. Also, he will attend the Arts and Cultural Alliance. City of Clermunt MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 Council Member Thompson requested to have Police Officers conduct a door to door survey in the Carroll Street area and have staff return with a formal report of the results. Mayor Turville asked for the status of the Historic Village project. City Manager Saunders stated the contractor will begin on Friday with completion in two weeks. Assistant City Manager Gray provided an update on the 125"' Celebration. The first brochure was distributed in the water bills and will send another the first of October. Information on all of the events is also on the City of Clermont website. 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 -Event Request Florida Freewheelers request use of Waterfront Park November 14 - 15, 2009 for the 30"' Annual Horrible Hundred event Item No. 2 -Event Request Clermont Girls Softball League Item No. 3 -Scope of Services Item No. 4 -Scope of Services Item No. 5 -Contract Approval Item No. 6 -AgreementApproval Item No. 7 -Primary Election Results Request reduced fees for use of Hancock Park Softball Fields on October 3-4 and November 7- 8 to host two NSA Softball Tournaments Request approval of Scope of Services to Rhoden Land Surveying in the amount of $5,400 to perform the boundary and topographic survey of West Park Request approval of Scope of Services to Modica & Associates Inc. in the amount of $1,020 to perform the wetland delineation and obtain permit for the removal of an osprey nest at West Park Request approval of a contract with Bland & Associates to perform the Archeological Survey of the Inland Groves Property Kequest authorization to enter into an Agreement with Creative Services Event Management to coordinate events for Clermont's 125"' Celebration Accept returns of the Primary Election held on August 25, 2009 Charlene Forth requested item 5 be pulled from the consent agenda. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 Council Member Goodgame moved that items 1 through 4 6 and 7 be approved• seconded by Council Member Mullins. The motion passed with all members present voting"aye". Ms. Forth expressed concern with having anyone on that property until the authorities have completed the investigation. City Attorney Mantzaris stated if it is still an active investigation, individuals will not be permitted on the property. City Manager Saunders noted they will not be allowed until it is released from being a crime scene. Council Member Goodgame moved for approval of item 5 of the consent agenda• seconded by Council Member Mullins. The motion passed with all members present votin~ye". UNFINISHED BUSINESS Variance Request Vista Clinical Diagnostics Curt Henschel, Planner, presented the variance to allow signage on the second story of the Legends Pointe development. The Land Development Code (LDC) does not specifically address second story signage in that there is no sidewalk or canopy associated with the tenant where the signage is proposed. The second story has access from an internal staircase and elevator. The Legends Pointe shopping center is permitted one wall sign for identification of the center. Directory signage for internal assistance for individual tenant locations including the second story is allowed. Specific criteria for second story signage for individual tenants of multiple occupancy shopping centers have not been developed. Staff did not feel it is appropriate to assign second story signage without code requirements in place therefore recommended denial of the request. Jimmy Crawford, Esq., was present on behalf of the applicant. He explained the project and noted an existing ground sign. The applicant received three (3) letters of support from businesses within their building -Oasis Salon, Chef's Table and Hi-Tex Quality Cleaners. The signage is in good taste and requested Council approval. Mayor Turville opened the public hearing City Manager Saunders clarified the ordinance does address this; there is language that does prohibit this type of sign. Jim Purvis, 4206 Hammersmith Drive, questioned the number of potential second floor tenants that may request a similar sign. Jimmy Crawford verified this tenant occupies the entire second floor and requested one sign for sole tenant usage. Mayor Turville questioned granting a variance to a sole tenant. City Attorney Mantzaris stated the Council could condition the variance to only one tenant in that space and if there are multiple tenants the variance would cease and would have to return to the Council. Mayor Turville closed the public hearing City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 Council Member Mullins asked for clarification of whether it is a lighted sign. Mr. Crawford confirmed it is a lit sign to conform to the rest of the signage. Council Member Thompson supported the request with it conditioned to this particular tenant. Mayor Turville agreed to have it conditioned. Council Member Goodgame questioned the necessity of a lit sign. Brian Mills, owner, explained the main reason for a lit sign is to keep conformity of the building the same. Council Member Goodgame moved that the second floor unlit sign be allowed so long as Vista is the single occupier of the entire second floor; seconded by Council Member Thompson. Under discussion, Mr. Crawford asked for clarification of the approval if it includes both signs. City Manager Saunders noted the variance request is only for the one sign on the second story. Mayor Turville stated we have only advertised for the one sign on the second floor. The applicant understood the motion for approval is for the one second floor sign. Mayor Turville explained it is a stipulated motion that is only effective for this single tenant and the sign was also described as unlit. The motion passed with all members present voting"aye". NEW BUSINESS Variance Request Imagine School Curt Henschel, Planner, reported on the request for a grass parking area. The proposed grass parking area would hold 64 parking spaces for the newly proposed school building. The school will be 2 stories and 20,400 square feet. It will have 18 classrooms with no additional offices. The building will require 86 additional parking spaces. The existing site plan has 135 spaces on site. The total number of parking spaces on site will be 210 with 64 requested as grass parking. Overall, the site will have one additional parking space above what the city code calls for. Aerial pictures of a typical school day were provided noting adequate parking on site. An additional 63 paved parking spaces will be added to the site plan and the overall site will be parked per code including the 64 grass parking stalls. The applicant requested this area to remain grass parking because of the adjacent play ground. When not used as a parking lot, it will serve as additional play area for the school children. Applicant was present, David Tom, P.E., Civil Engineer for the project. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, was not in favor of request. Planner Henschel advised Council that staff received a letter of opposition for the request. Leonard Siniawski, 2634 Hartwood Pines Way, lives adjacent to the school and opposed the request. Principal of Imagine Schools, Chris Watson, 12555 Crown Point Circle, was present. She advised this is a stabilized area sufficient to support vehicle traffic when needed and the fields are mowed. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 Steve Richey, Esq., was present on behalf of the applicant. In lieu of paving, the area will be stabilized and maintained and will be used for children's activities. Ms. Watson clarified there are numerous empty parking spaces due to having extra parking. Jim Purvis retracted his comments if granted a conditional use as described by Mr. Richie and Principal Watson. Mayor Turville closed the public hearing. Council Member Goodgame spoke in favor of grass parking. He voiced concern with car lights. Council Member Goodgame moved to apQrove 64 rass parking aces on the basis that the grass parking is rarely used on a daily basis but used only as overflow parking and the landscaping will not allow the lights of the cars to penetrate through the landscaping; seconded by Council Member Hogan. Mayor Turville reiterated the intent of the motion. City Attorney Mantzaris advised to not use the language "on a daily basis" in the motion The motion passed with all members present voting "aye". Variance Request Todd Griffin Roofing Curt Henschel, Planner, presented the request for 936 10"' Street. The property is an existing single family residence the applicant has converted into an office for his roofing company. The parcel is zoned M-1 industrial and has the future land use designation of commercial. The applicant has continued to operate a non-conforming business from this location and currently has a code enforcement case against the property. The case is for the applicant to obtain an approved commercial site plan that conforms to city code. The applicant would like to add a 3,150 square foot warehouse. Staff believes the size of the proposed warehouse and the site layout are too constraining for the parcel. Mr. Henschel described each of the eight (8) requested variances. Staff recommended approval of the following variances: (1) rear yard building setback for less than 25 feet; (3) absence of landscaping material within the side and rear property lines; and (5) absence of a dumpster enclosure. Staff recommended denial of the following variances: (2) side yard building setback for less than 12 feet; (4) right-of-way landscape buffer to be 5 feet in width; (6) reduction of parking stall sizes; (7) stacked parking and (8) the absence of a loading/unloading area. Planner Henschel received a letter of opposition and he read it aloud into the record. Jimmy Crawford, Esq., Schmid Construction was present on behalf of the applicant. He clarified the company name is Roof Control Services Inc. and is owned by Todd and Robin Griffin. They are the largest commercial roofer in south Lake County; they are not a residential roofer. This business employs 16 with 3 working out of this office. Mr. Crawford reviewed the proposed site plan and the requested variances. The applicant has a signed letter of petition in support of the request from seven (7) abutting neighbors and two (2) adjacent neighbors. He further noted the tree can be preserved. Robin Griffin, applicant, requested support from the council City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 Rick McCoy was present. He designed the proposed site plan. The owners asked him to draft a plan based on staff's recommendations. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, questioned the propane tanks and asked how the material moves in and out without a loading platform. Todd Griffin, owner, addressed remarks. He explained that all materials are delivered to the job sites as the job locations are throughout the State. He further commented the propane tanks are empty. Mr. Crawford asked Mr. Griffin if he would be willing to stipulate no propane bottles on this site. Mr. Griffin agreed. Mayor Turville closed the public hearing. Mayor Turville inquired about limitations on propane. City Manager Saunders stated there is a standard and it is based on the number of tanks. Mayor Turville suggested a stipulation to be compliant with an existing rule to protect the neighborhood and the applicant. Mr. Crawford agreed the applicant would comply. Mayor Turville questioned the parking. Mr. Griffin explained the stacked parking is specific to meet the code as it relates to the warehouse. He is agreeable to designate it as employee only. Council Member Mullins questioned the size of the warehouse. Mr. Griffin noted the size has not been determined yet. Discussion ensued in regards to the parking area. It was determined there would be no parking in front of the warehouse. Council Member Thompson noted this is M1 Industrial property; not residential. He expressed full support of the plan. Mayor Turville suggested a building height limitation. City Manager Saunders stated the Council could approve the variance request as long as it does not exceed a certain height. Council Member Mullins inquired about conditioning this variance to make it specific to this applicant. City Attorney Mantzaris responded with yes, if the granting of a variance is tied to a specific use and plan per code. Council Member Goodgame moved approval of items 1 3 4 5 6 7 and 8• not approving the yard setback of 3 feet. Item 5 is that if the user of this property or business chances there may be a requirement for a dum~pster The parking shown on the site plan is per the site clan. The stora e of any propane or propane cylinders shall comply with the building code of propane storage and other hazardous materials The peak of the roof shall be no more than 30 feet high; seconded by Council Member Thompson Council Member Goodgame noted item 2 of the variance is not being approved and remarked the shed will come out. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 City Attorney Mantzaris clarified on item 5 the motion expressly identified if the use changed a dumpster may be required; the code specifically provides that if the use changes, all variances will have to come back. He recommended removing that language from the motion. Council Member Goodgame amended the motion to remove `if the user of this property or business changes there may be a requirement for a dumpster'; seconded by Council Member Thompson. Under discussion, Mayor Turville understood the intent related to the fence and landscaping allows for the replacement of the fence in lieu of landscaping. The motion passed with all members present voting "a, Lien Forgiveness/Reduction 268 East Avenue Administrative Services Director Van Zile reported the lien was placed on the property in February 2006. There were no payments received since the lien was filed. The owners requested forgiveness or a reduction of the lien. Staff is not in support of the request. Dana Fassett, 294 W. Minneola, Realtor representing the owners. She has known the owners for a few years. The property has been vacant for 3 years. There have been a number of family medical issues. This property will not qualify for traditional financing. The buyer will be able to put money into the property for repairs and beautification. She is requesting lien forgiveness or reduction. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to forgive the lien in the amount of $1 535• seconded by Council Member Thompson. The motion passed with all members present voting "ave" AgreementAmendment Fifth Third Bank Administrative Services Director Van Zile reported the City Council approved to enter into an agreement with Fifth Third Bank. Subsequent to approval, staff became aware the Fifth Third Bank branch was not in the city limits as required. Mr. Van Zile informed the bank and stopped the conversion. Then, the bank inquired about the annexation process and was referred to the Planning and Zoning Department. A few days later, the bank informed staff of their plan to submit an application to annex into the city. If complete, the property can be annexed by the end of October. Mr. Van Zile reviewed the options available to Council. Staff recommended the existing agreement be amended to require annexation. With that, staff felt the objectives of the Request for Proposal (RFP) process could still be met. Mayor Turville inquired whether the time lapse between the assessment of the original proposals and current day lend itself to a better deal. Mr. Van Zile stated proposals were received in January. There was only one (1) bank that did not propose that could have. It is uncertain if the RFP process would gain anything if we requested proposals again. Also, this was on the agenda in May and the bank proposed at that time requested to withdraw the agreement. After wards, staff has been negotiating with the existing proposal and feels this is the best for the city. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 8, 2009 City Manager Saunders commented staff has negotiated all along with the bank so it is not an old proposal; we have current numbers. Mayor Turville asked for clarification of the language in the RFP to be in the city limits. Administrative Services Director Van Zile stated it is simply an RFP specification. It may not be appropriate for all RFP's but it is a valid requirement for this RFP. City Manager Saunders stated the Council has the ability to waive the original requirements. Mayor Turville voiced concern of not meeting the RFP specifications and now requiring them to be in the city limits as a requirement to be rewarded. Mr. Van Zile explained the bank approached him to annex. Council Member Goodsame moved to have staff amend the agreement with the Fifth Third Bank to require annexation within 60 daXs into the city and continue with the conversion p_rocess• seconded by Council Member Hogan. Mayor Turville suggested 70 days. Council Member Goodgame amended the motion to 70 days; seconded by Council Member Hogan. Mr. Van Zile confirmed the bank filed the annexation application last week. The motion passed with all members present voting"a~e". Ordinance No. 368-C Introduction Mayor Turville read Ordinance 368-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 122, Zoning, Article III Districts, Division 1 Generally, Section 122-63 District Enumerated; Division 12 PR Parks & Recreation District, Section 122-280 Intent, Section 122-281 Permitted Uses, Section 122-182 Site Improvement Regulations; providing for severability; providing for an effective date, and providing for publication. Council Member Mullins moved for introduction of Ordinance 368C; seconded by Council Member Hogan. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 10:06pm. ., ATTES ~ Tracy Ackroyd, 't Clerk APPROVED: arold S. Turville, Mayor