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10-27-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2009 The Clermont City Council met in a regular meeting on Tuesday, October 27, 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 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. MINUTES Council meeting minutes of October Z3, 2009. Council Member Mullins moved acceptance of the minutes of the regular meeting_of October 13; seconded by Council Member Thompson The motion passed with all members present voting "ate". PROCLAMATION City Clerk Ackroyd read the National American Indian Heritage Month Proclamation aloud. RECOGNITION Fire Chief Bishop presented a Community Service Award to Jesse Manley for his heroic actions in saving the life of a citizen involved in an automobile accident. PUBLIC COMMENTS Cuqui Whitehead, 837 5"' Street, thanked the City and the volunteers for the 125`h celebration. Todd Whitlock, 3773 Glenford Drive, commented on a letter sent to Police Chief Graham regarding the jurisdiction between the city and county as it relates to debris in the roadways. REPORTS City Manager Saunders commended staff for the 125"' celebration events. City Attorney Mantzaris - No Report Assistant City Manager Gray provided details of the celebration events. He thanked staff, the steering committee chaired by Mike Latham, Darren Johnson, Cheryl Fishel and Recreation Manager Dave Teske. Mr. Gray suggested having a luncheon to thank everyone who helped and will return to Council. Council Member Thompson commented Lake County will be reviewing the comprehensive plan at the Cooper Library on Thursday at 6pm and encouraged attendance. Council Member Mullins noted the citizen sales tax committee presented their annual report to the Lake County Commission advising that funds are being spent appropriately. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2009 Mayor Turville remarked on attending the Conserve II meeting as well as the meeting with Montverde in regards to annexing land not contiguous to their city limits. Mayor Turville also presented a proclamation to Tom Thomas at the Kiwanis meeting today. Mayor Turville stated staff has suggested withdrawing the proposed Ordinance 370-C then return to Council at a later date with another strategy. City Attorney Mantzaris explained this process was initiated because of a deficiency in the existing city code with regard to adult entertainment establishments essentially making the city vulnerable. Therefore, an ordinance was drafted to protect the city. After further review, it is now recommended the current proposed ordinance is not the best option for the City of Clermont at this time. Staff would like to withdraw Ordinance 370-C from the agenda and return for introduction on November 10 and final adoption on November 24. The Council will consider the zoning and restrictions ordinances at the same time. Ordinance 370-C was pulled from the agenda and will be placed on the meeting agenda for Introduction on November 10 and Final Hearing on November 24. 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 Request approval of the Tuscany Village plat, a commercial subdivision located West of U.S. 27 on the north and south sides of Hammock Ridge Road. Item No. 2 -Plat Approval Item No. 3 -Open Air Sales & Tent Permit Item No. 4 -Open Air Sales & Tent Permit Item No. 5 -Contract Approval Item No. 6 -Contract Approval Request approval of the plat for Watson Center at Clermont, a commercial development located north of Legends Way on Hancock Road Request to sell Christmas Trees in the Lowes parking lot beginning November 15, through December 15, 2009 Request to sell Christmas Trees in the Home Depot parking lot beginning November 3rd, through December 23, 2009 Request authorization to piggyback the Orange County contract with Safety Shoe Distributors for the purchase of safety shoes for the Utilities Department Request authorization to piggyback the City of Orlando contract with TAW Orlando to cover motor and pump repair expenditures for the Utilities Department 2 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2009 Item No. 7 -Resolution No. 1634 Approval of a Quit Claim Deed by the City to the Florida Department of Transportation for parcel No. 103.1 Item No. 8 -Resolution No. 1635 Item No. 9 -Resolution No. 1636 Item No. 10 -Resolution No. 1637 Item No. 11 -Agreement Approval Item No. 12 -Inter-local Agreement Approval Approval of a Quit Claim Deed by the City to the Florida Department of Transportation for parcel No. 806.8 Approval of a Quit Claim Deed by the City to the Florida Department of Transportation for parcel No. 131.8 Approval of a Quit Claim Deed by the City to the Florida Department of Transportation for parcel No. 104.1 Agreement with Progress Energy for the utilization of poles for banners Request approval of an Inter local Agreement Between the City and Lake County relating to Steve's Road Right of Way Annexation and Transfer of Jurisdiction Council Member Mullins inquired about the Department of Transportation (DOT) parcel for downtown signage. City Manager Saunders stated City Engineer Richardson has been working on it. The last information staff received is DOT is not willing to deed it however would give an easement. Council Member Mullins moved to approve the consent agenda• seconded by Council Member Thompson. The motionpassed with all members present voting "a, UNFINISHED BUSINESS Resolution No. 1629 Business Services Enterprises Mayor Turville read Resolution 1629 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to operate a sweepstakes and Internet gaming operation in conjunction with a retail pre-paid phone card sales operation. Jim Hitt, Planning Director, presented the Conditional Use Permit. The retail portion of the business is covered under permitted uses, the 35 sweepstakes or Internet terminals are not listed as a permitted or conditional use. In accordance with the Land Development Code, in the case of uncertainty of the classification of any use, the use is required to attain a Conditional Use Permit (CUP) from the Council. The 35 terminals would require additional parking spaces. Staff did not believe parking can accommodate the proposed use which requires at least 7 additional parking spaces as proposed. Therefore, staff recommended denial of the request. The Planning and Zoning Commission voted to recommend approval to the City Council for the request. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2009 Staff recommended 2 conditions be added to the CUP regarding the parking shortage, if approved, under Section 1 -General Conditions. Planning Director Hitt reviewed the following proposed conditions: • In the event that it is determined by City that problems related to insufficient parking occur, the City may bring the CUP back before the City Council for additional review and conditions. • The use permitted hereunder shall at all times comply with the applicable laws and regulations. No approval granted hereunder shall be deemed or construed as a waiver by the City or any other jurisdiction to enforce any applicable laws. Applicant, Alan Siegel, was present, requesting Council approval to have the opportunity to open this business in Clermont. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, spoke in opposition to the request. Bob Wade, 1363 Lakeshore Drive, is the property owner. He supported the request noting the applicant runs a good operation and will be a good fit within the shopping center. Furthermore, the busiest hours of operation of this business will be in the afterhours of when the other businesses are closed. Mr. Siegel commented on the parking issue and noted the heavier times are in the evening when the other businesses are closed. Mayor Turville closed the public hearing. Council Member Mullins and Mayor Turville asked for clarification of the business operations Bill Pfeiffer was present. He represents approximately 75 Internet cafes throughout the state. He described the phone cards and provided an explanation of the game promotions. It is a game of chance held in connection with the sale of a consumer good. Council Member Thompson questioned why the company is not registered as a business with the State of Florida. Mr. Hitt explained that Business Services Enterprises, LLC is registered however Pawn Marketing and Promotions Inc and Gametronics are associated with this company and could not find where they are registered with the state. Council Member Thompson requested an explanation of the relationship with the companies. The applicant clarified Gametronics is a software provider utilized by the company. Neither of those businesses is associated with this application request. Mayor Turville questioned whether this type of business is legal in the state. Mr. Siegel stated the Department of Agriculture has jurisdiction over all game promotion sweepstakes in the State of Florida. Business Services Enterprises LLC has an approved application with the state and is in compliance with the Department of Agriculture requirements. There are 72 opening statewide. Council Member Mullins noted staffs concerns with parking have been addressed Mayor Turville was not supportive of the request. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2009 Council Member Thompson remarked he researched the business and found it to be a viable company. Council Member Thompson moved to approve Resolution No 1629 including the two additional conditions; seconded by Council Member Mullins The motion passed 2 to 1 with Mayor Turville opposing_ Mayor Turville further commented the intent of the second condition is to ensure if the business is found to be illegal by state standards, they will cease operations. Ordinance No. 371-C Final Hearing 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. City Attorney Mantzaris reported this ordinance is a change to the code recommended to provide more enforcement to the Police Department to address unwanted solicitors in residential areas. Mayor Turville opened the public hearing. Cuqui Whitehead asked for clarification. Mayor Turville noted citizens have expressed concern with solicitors knocking on doors late at night. This ordinance strengthens the existing ordinance as it relates to solicitation at residential homes. Council Member Mullins inquired how this ordinance would apply to private business with a no solicitor sign on their door. City Attorney Mantzaris stated businesses are set up to invite everyone. Todd Whitlock, 3773 Glenford Drive, inquired about signage posted at the entrance of a community instead of individual doors of each home site. City Attorney Mantzaris clarified under this ordinance, the sign would have to be posted on each individual property. Wally Herda was supportive of the request. Susy Gibson questioned if solicitors are required to register with the Police Department. City Attorney Mantzaris confirmed the city does have a permitting process. Mayor Turville clarified this ordinance will enhance the homeowners ability to deal with inappropriate solicitation. Chris McAllister, 2823 Brook Hollow, suggested adding language addressing the location of a posted no solicitor sign. Mayor Turville noted the goal is to give law enforcement another tool in cases of nuisance or harassment in some cases. Mayor Turville closed the public hearing 5 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2009 Council Member Mullins recommended changing the time to 7:OOpm. Council Member Mullins moved adoption of Ordinance 371-C including the change to item 3 before 9:OOam and after 7.OOpm• seconded by Council Member Thompson The motion passed 3 to 0 by roll call vote with all members present voting "aye" City Manager Saunders clarified the motion excluded Sunday. Ordinance No. 372-C Final Hearing 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. City Manager Saunders stated Council Member Goodgame requested this ordinance be drafted to have garbage containers removed by 10pm on the day of collection. Council Member Mullins suggested tabling this ordinance until Council Member Goodgame returns. Council Member Mullins moved to table Ordinance 372-C to November 10• seconded by Council Member Thompson. The motion passed with all members present voting "aye„ The next 3 items were heard concurrently. Ordinance No. 622-M Final Hearing 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; providing for publication. Ordinance No. 623-M Final Hearing 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; 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. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2009 Ordinance No. 624-M Final Hearing 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. Barbara Hollerand, Planner, presented the ordinances for the Fifth Third Bank. The county address is 12333 Roper Blvd. The applicant is requesting annexation into the City, a future land use change to assign a City Commercial land use and a rezoning to C-2 General Commercial. The bank was built on the 1.27-acre property in 2004. Fifth Third Bank is the owner/ applicant and James Campbell with CB Richard Ellis is the agent. The request for asmall-scale comprehensive plan amendment would change the Future Land Use from Lake County Urban Expansion to Commercial in the City. The rezoning request is to change from Urban Estate to C-2 General Commercial. The property currently has Planned Unit Development zoning in the county, but upon annexation, will default to Urban Estate zoning in the City. The site is well served by the transportation network with a signalized intersection. The property has City sewer and Lake Utility Services water. This property qualifies for the small-scale comprehensive plan amendment process and will not be reviewed by the Florida Department of Community Affairs or the reviewing agencies. It will be final 31 days after adoption. No text changes to the comprehensive plan are required. The property is within the City's Joint Planning Area and is contiguous on its east side. Annexations of infill properties are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Upon annexation, it is appropriate to assign a City future land use of commercial and C-2 zoning. Staff recommended approval of annexation, the Future Land Use Map change to Commercial and the rezoning to C-2. The Planning and Zoning Commission unanimously recommended the requests for the future land use change and the rezoning change to the City Council. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to adopt Ordinance 622-M• seconded by Council Member Thompson. The motion passed 3 to 0 on a roll call vote with all members present voting "aye". Council Member Mullins moved to adopt Ordinance 623-M• seconded by Council Member Thompson. The motion passed 3 to 0 on a roll call vote with all members present voting "aye". Council Member Mullins moved to adopt Ordinance 624-M• seconded by Council Member Thompson. The motion passed 3 to 0 on a roll call vote with all members present voting "ate Ordinance No. 627-M Final Hearing Mayor Turville read Ordinance 627-M aloud by title only. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 27, 2009 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 the ordinance. The property is the Inland Groves property park, a vacant 219-acre property located at 450 Twelfth Street. The property borders Lake Minneola on its east and Lake Hiawatha to its southwest. The owner/applicant is the City of Clermont. The rezoning request is from Urban Estate to PR Parks and Recreation. This request complies with a condition in the City's approved management plan with the Florida Communities Trust. As part of the contract agreement for the Florida Forever grants in 2007 and 2008, the City agreed to adopt a more specific zoning district for parks and conservation lands and to rezone the property to this zoning district. In September, the City Council approved the new PR Parks and Recreation zoning district. The property was annexed May 9, 2006. It was purchased by the City in two phases in July 2006 and April 2008 for use as a passive recreation park. The property was assigned a future land use of Recreational and changed to Parks when the City adopted its rewritten comprehensive plan in June 2009. Access from the property will be from Twelfth Street. Planned amenities include nature trails, fishing piers, picnic and playground areas and sand volleyball courts. The PR Parks and Recreation District has been created for City park properties. It is appropriate to rezone the Inland Groves property park to this zoning district. Staff and the Planning and Zoning Commission recommended approval of the rezoning. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for adoption of Ordinance 627-M• seconded by Council Member Thompson. The motion passed 3 to 0 on a roll call vote with all members present voting "aye". NEW BUSINESS Ordinance No. 628-M Introduction Mayor Turville read Ordinance No. 628-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a Garbage Collection Franchise to TVM, Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved to introduce Ordinance 628-M• seconded by Council Member Thompson. The motion passed with all members present voting "aye". A .~ `, ~~ With no further comments, this meeting was adjourned at 8:59pm. -.-- . ._ .... VED: arold S. Turville, Mayor ADJOURN: