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10-13-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 2009 The Clermont City Council met in a regular meeting on Tuesday, October 13, 2009 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7pm with the following 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 September 8, 2009; September 17, 2009 and September 22, 2009. Council Member Goodgame moved approval of the minutes of September 8, 2009 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aXe". Council Member Goodgame moved approval of the minutes of September 17; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goodgame moved approval of the minutes of September 22; seconded by Council Member Mullins. The motion passed with all members present voting"aye". PRESENTATION Sarah Mirus was present on behalf of the Florida Association of City Clerks (FACC) to recognize City Clerk Tracy Ackroyd for achieving Master Municipal Clerk (MMC) certification. PUBLIC COMMENTS Wally Herda commented on the potential safety issues of the 125`h Celebration event banners. REPORTS City Manager Saunders distributed a copy of a commemorative badge the police officers have requested to wear during this next year. The officers proposed to pay for the badge themselves. Council approval is needed for the design and for the officers to wear on a temporary basis. Council Member Goodgame moved to approve the proposed bad e for the~olice officers to wear this next year; seconded by Council Member Hogan. The motion passed with all members present voting "ale". City Manager Saunders noted the Fire Department will be moving out of Temporary Fire Station 3 next week into the permanent station. An aluminum canopy was installed at the temporary station to cover the apparatus and will no longer have a need for it. Lake Sumter EMS has requested to purchase the aluminum canopy and offered the City $2,000. The City Council would have to declare the canopy as surplus and agree to accept the offer from Lake Sumter EMS. Council Member Goodgame moved That the cover at temporary station number 3 be declared surplus; seconded b~ Council Member Mullins. Council Member Goodgame amended the motion to also accept the offer from Lake Sumter EMS for $2,000 for selling it to them in place as is; seconded by Council Member Mullins as amended. The motion passed with all members present voting_"ave". City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 2009 City Manager Saunders noted the Council tentatively scheduled a workshop on November 4 however changed the date of the workshop to Monday, November 9 at 4:OOpm. Also, a closed executive session has been scheduled for October 27 at 6:30pm just prior to the Council meeting. City Attorney Mantzaris - No Report Assistant City Manager Gray reviewed the schedule of events for the 125`h Celebration. The owners of the parking lot used for the street party event requested a hold harmless agreement for the time we will be using the lot. City Attorney Mantzaris has drafted an agreement to assume liability of the parking lot during the event and requested Council approval of the agreement. Council Member Mullins so moved; seconded by Council Member Goodg_ame. Under discussion, Mayor Turville questioned if the lot would be available for public parking during the other events. Assistant City Manager Gray noted the lot will be closed on Thursday through Sunday and we will take care of securing the lot. It will also serve as a shuttle drop off location for satellite parking. The motion passed with all members present voting "aye". City Attorney Mantzaris noted the City Manager will have the ability to sign the agreement. Assistant City Manager Gray informed Council of the 125 Celebration committees request to extend the beer and wine garden outside of the tent. The Council expressed security concerns and agreed to confine the beer and wine garden to the designated tent area only. The tent capacity is 400 people and once capacity is reached, it will be shut down from additional patrons. Furthermore, Mr. Gray noted letters will be mailed to all downtown businesses and residents notifying of the street closures for the events. Council Member Hogan complimented the fountain at Center Lake. Elite Car Wash will be having a fundraiser for the Boys and Girls Club on Saturday, October 17. Council Member Goodgame commented the Historic Village will open Saturday at 9:OOam and will have events until noon then Mayor Turville will be giving a presentation to Delores Walker. Also, he congratulated Council Member Robert Thompson for being recognized by Orlando Business Journal. Council Member Mullins noted the Kiwanis Wine Gala will be held on October 17 at Cooper Memorial Library. The League of Cities met last week. The committee on relationships with St. Johns is preparing a White Paper for review next month. The 14 municipalities have different ideas on the State water plan. Mr. Mullins will bring the report back to Council. Council Member Thompson expressed gratitude for being selected as Orlando Business Journals Top 10 Most Influential Business Men in the Central Florida region. He encouraged attendance of the 125`h Celebration events. Mayor Turville advised he will be speaking at the Chamber breakfast on Friday, attending the Conserve II meeting along with County Commissioner Renick and the Montverde Inter-local Boundary meeting. 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. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 2009 Item No. 1 -Event Request Request use of site within the Historic Village Community Arts Connection of South Lake County for the "Planting a New Histree" event November 6`h through November 8th Item No. 2 -Continuing Services Contracts Approval Request approval of Continuing Services Contracts between the City and AECOM Booth Ern Straughan and Hiott, Inc. (BESH) CPH Engineers, Inc. and Tetra Tech Item No. 3 -Agreement Approval Agreement with Progress Energy for the utilization of poles for banners Item No. 4 -Resolution No. 1630 Engineering Department Item No. 5 -Resolution No. 1631 Engineering Department Item No. 6 -Resolution No. 1632 Administrative Services Department Item No. 7 -Grant Application Police Department Approval of a Quit Claim Deed by the City to the Florida Department of Transportation for parcel 127.8 in Oak Hill Commons Approval of a Quit Claim Deed by the City to the Florida Department of Transportation for parcel 807.4 in Oak Hill Commons Approval of changes to the Personnel Policy pertaining to the Leave Donation Policy Request authorization to amend the grant from the Florida Department of Transportation "Terminate Aggressive Driving" City Manager Saunders removed item 3 from the consent agenda to return to Council at the next meeting. Item 1 was pulled for discussion. Council Member Hogan moved approval of the consent agenda items 2, 4, 5, 6 and 7; seconded by Council Member Mullins. The motion passed with all members present voting_"aye". City Manager Saunders expressed concerns with the locations requested for the tree sale for item 1. He recommended the tree sale be approved at the location of Lake Avenue and Montrose Street. Council Member Goodgame moved the Community Arts Connection of South Lake event tree sale be held at the Montrose/Lake Avenue lot where the old Cooper LibrarX use to be; seconded by Council Member Mullins. The motion passed with all members present voting_"aye". NEW BUSINESS Resolution No. 1633 Mayor Turville read Resolution 1633 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida, designating an Honorary Historian of the City of Clermont City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 2009 Mayor Turville will present it to Ms. Walker on October 24 for Pioneer Day at the Historic Village. Council Member Goodgame moved for approval of Resolution 1633; seconded bX Council Member Mullins. The motion passed with all memberspresent voting "aye". Event Request -Crossfire Marketing, LLC City Manager Saunders stated they met with the Downtown Partnership this morning for their review. Assistant City Manager Gray attended that meeting and the Partnership would like to be involved with the event and they support it. Staff recommended approval. Council Member Mullins moved to grant the event reauest to Crossfire Marketing: seconded by Council Member Thompson. Mayor Turville opened the public hearing. Matt Griffin, owner, was present and available for questions. Mayor Turville closed the public hearing. The motion passed with all members present voting "aye". Variance Request - Jayson Stringfellow Curt Henschel, Planner, presented the request to be located east of Grand Highway and south of Citrus Tower Blvd. The applicant proposed to construct nine condominium style buildings in the Woodwinds development. The variances requested are to provide 9 foot by 18 foot parking spaces under the buildings and an overall building height of 50. Staff recommended approval of both variances. Charles Sharkus, owner, was present for questions. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, expressed concern with parking spaces. Mayor Turville closed the public hearing. Mr. Sharkus advised the parking spaces are for the owners; it is not for public parking. Council Member Goodgame moved for approval of the variances requested; seconded by Council Member Mullins. The motion passed with all members voting "aye". Agreement Amendment -Toyota of Clermont Jim Hitt, Planning Director, reported on the Joint Planning Area request to amend the Water and Wastewater Services Agreement. The request is to delay paving of 382 parking spaces on the rear section of their development. There will be 615 parking spaces available. A provision has been added to Section 3 (g) in the agreement. Staff recommended approval. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 2009 Sara Mancibo, Gray Robinson Law Firm, was present on behalf of the property owner. She requested approval. The amendment will prohibit parking on the grass area until paved. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for the approval of the amendment for To,. o Clermont; seconded by Council Member Thompson. The motion passed with all members present voting "a, NTC Stadium Seating -Dot Richardson Dot Richardson was present on behalf of the National Training Center. They have received contributions of $2 million from Lake County Tourism Development and $1 million matched by Lake Sumter Community College. Lake Sumter donated the 20 acre property for the softball complex. South Lake Hospital through the National Training Center has incurred all expenses for the operations of the complex in a partnership. She would like to expand the partnership to the City of Clermont and requested funding to complete the project of the permanent seating requirement for the stadium. Also, the fifth field could be finished with funds for fencing and irrigation. She requested support from the Council. Mayor Turville opened the public hearing. Ann Dupee spoke in support of the request. Mayor Turville closed the public hearing. Council Member Goodgame suggested the National Training Center work closely with the City Recreation Department. Dot Richardson stated they currently work with the department. Council Member Mullins noted the Council discussed this request at a recent workshop. Council Member Thompson made a motion to approve the City of Clermont funding the permanent bleacher cost of $155,000 and the fifth field fencing and irrigation cost of X45,000 for a total of $200,000; seconded by Council Member Goodgame. City Manager Saunders noted this would require a budget amendment from the General Fund Reserves. Mayor Turville supports this request due to economic impact to the community and believes this is a good investment for $200,000. The motion passed with all members present voting_"aye". Life Stream Donation Request Council Member Thompson presented the request for a working poor eligible match for Life Stream Behavioral Center. The request is fora $10,000 allotment matched by $17.85 for every dollar by the Federal Government. This would bring $178,500 to Clermont for every person receiving assistance through this program. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 2009 Council Member Goodgame would like to make certain the grant funds are spent in Clermont. Council Member Thompson confirmed they could provide a report. Council Member Goodgame moved for Council to approve a $10,000 grant to Life Stream; seconded by Council Member Mullins. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, spoke in support of the request. Mayor Turville closed the public hearing. Council Member Mullins stated this is an investment and supported the request. Mayor Turville was not in support of the request. The motion passed 4 to 1 with Mayor Turville opposing_ Ordinance No. 370-C Introduction Mayor Turville read Ordinance 370-C aloud by title only. An Ordinance of the City Council of the City of Clermont, Florida, amending subpart B, Land Development Code Chapter 82, "General Provisions", Section 82-12 "Land Use Definitions" and amending Chapter 122 "Zoning", Article III, "Districts", Division 11 "M-1 Industrial District" ,Section 122-263, "Permitted Uses" Creating Definitions related to Adult Entertainment Establishments as defined shall be permitted in the M-1 Industrial District providing for severability; providing for conflicts; providing for penalties; providing for codification; and providing for an effective date. Council Member Mullins moved for introduction of Ordinance 370-C; seconded by Council Member Hogan. Under discussion, City Attorney Mantzaris clarified this is a two step process. The first step is to create the zoning categories associated with these business enterprises. The second step is to create an adult entertainment code provision within the code that deals with restrictions as a separate ordinance adopted a later date. First is the zoning and then the regulatory issues related to the operations of the establishments. The motion passed with all members present voting "a, Ordinance No. 371-C Introduction Mayor Turville read Ordinance 371-C aloud by title only. An Ordinance of the City of Clermont, Florida pertaining to Solicitors, Peddlers, and Itinerant Vendors Creating Division 4, "Prohibitions" and Section 18.83, "Unlawful Activities", related to the activities of individuals, groups and organizations involved in Solicitation or Peddling; providing for severability, conflict, codification and an effective date. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 2009 Council Member Mullins moved to introduce Ordinance 371-C; seconded by Council Member Goodg_ame. The motion passed with all members present voting"aye". Ordinance No. 372-C Introduction Mayor Turville read Ordinance 372-C aloud by title only. An Ordinance of the City of Clermont, Florida Chapter 50 "Solid Waste", Article I, "In General" Section 50-2 "Garbage Containers" providing for the Time for Placement at the Curb and Removal of Garbage Containers; providing for severability, conflict, codification and an effective date. Council Member Mullins moved to introduce Ordinance 372-C; seconded by Council Member Hogan. Council Member Goodgame requested an amendment as discussed with staff. City Manager Saunders reviewed the suggested changes. Council Member Mullins agreed with the proposed changes. The motion passed with all members present voting_"aye". Ordinance No. 622-M Introduction Mayor Turville read Ordinance 622-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 recording; provides for publication. Council Member Mullins moved to introduce Ordinance 622-M; seconded by Council Member Thompson. The motion passed with all members present voting "ate Ordinance No. 623-M Introduction Mayor Turville read Ordinance 623-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; establishing the legal status of the Small Scale Comprehensive Plan Amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved to introduce Ordinance 623-M; seconded by Council Member Hogan. The motion passed with all members present voting_`a, 7 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 13, 2009 Ordinance No. 624-M Introduction Mayor Turville read Ordinance 624-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. Council Member Mullins moved to introduce Ordinance 624-M; seconded by Council Member Hogan. The motion passed with all members present voting "ate Ordinance No. 627-M Introduction Mayor Turville read Ordinance 627-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. Council Member Mullins moved to introduce Ordinance 627-M; seconded by Council Member Hogan. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 8:49pm. APPROVED: arold S. Turville, Mayor ATTEST ~r %'~ '' '~ ,' Tracy Ail oyd, City Clerl- 8