Loading...
03-09-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2010 The Clermont City Council met in a regular meeting on Tuesday, March 9, 2010 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. Mayor Turville noted staff requested item 6 be removed from the consent agenda. MINUTES Council meeting minutes of February 23, 2010. Council Member Goodgame moved for the minutes of the regularly scheduled meeting of February 23, 2010 be approved as submitted: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Cuqui Whitehead, 837 5 Street, encouraged attendance to Pig on the Pond this weekend. Assistant City Manager Gray noted the event will take place on Friday, March 12 during the hours of 5pm to lOpm and Saturday beginning at loam to l0pm. Jim Purvis, 4206 Hammersmith, thanked Mayor Turville for representing the City of Clermont well during the visit with the Vice President of the United States, Joe Biden. Mayor Turville reported on the street light in the cul -de -sac on Mar Nan Mar Place. REPORTS City Manager Saunders reported the Lake County Water Authority has awarded a storm water grant to the City this year in the amount of $225,000 for the stormwater project on Lakeshore Drive. He reminded Council of the Special Council meeting to be held on March 15 and the Joint Workshop Meeting with Lake County Board of County Commissioners to be held on Monday, March 29 at 6pm in the Community Room of Cooper Memorial Library. City Attorney Mantzaris — No Report Assistant City Manager Gray reported on the Pig on the Pond events. Council Member Thompson reported on attending the Grand Opening of Fire Station No. 3 and commended the Fire Department on receiving an ISO rating of 3. Council Member Mullins reminded everyone of the time change this weekend. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2010 Council Member Goodgame reported on the condition of Lake Dot and questioned if the Police Department have checked on the graffiti in downtown. City Manager Saunders noted the Police Department has increased patrol. Mr. Goodgame also commented on the recent death of Bill Gray; he served on the Planning and Zoning Board for 7 years. Council Member Hogan commented on attending the dedication of Fire Station 3. Mayor Turville - No Report 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 - Re-PlatApproval Request for a re-plat of Heritage Hills Phase II- A located north of Hartwood Marsh Road and east of Hancock Road Item No. 2 -Event Request Item No. 3 -Event Request Item No. 4 -Event Request Item No. 5 -Scope of Services Item No. 6 -Agreement Approval Item No 7 -Police Department Reorganization Item No. 8 -Change Order #2 It's Go Time Events Request use of Waterfront Park to host the "Race for Kids Fitness" on Saturday, March 20`n Christian Men in Action Request use of McKinney Park for the third annual "Kick it Off 'community event June 11- 13. Clermont Downtown Partnership Request to close Montrose Street from the Police Dept. to Lake Avenue for the Annual Sidewalk Chalk Art Walk & Earth Day Tree Sale on April 24 Request approval of the Scope of Services in the amount of $10,605.00 for CPH Engineers to provide a Transportation Improvement Plan for the City Request approval of an Agreement with Unifirst Uniforms to continue to provide uniform services for the City Request approval to reclassify 3 Police Department positions and funding for a position frozen this fiscal year Request approval of Change Order No 2 in the Amount of $750 to GWP Construction to draft the as-built for conduits as requested in Change Order No.l for the West Side Force Main project City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2010 Item No. 9 -Change Orders 3, 4 and 5 Item No. 10 -Quote Approval Request approval of Change Orders 3, 4 & 5 for an increase of $12,306.49 to the Marbek Construction contract for Fire Station 3 Request authorization to accept a quote from BESH Inc. in the amount of $7,340.00 to perform engineering services related to the storm water system design for West Park Renovations Staff removed item 6 from the consent agenda. Council Member Goodgame pulled item 1 for discussion. Council Member Mullins moved for the approval of the consent agenda with the exception of item 1 and with item 6 deleted• seconded by Council Member Goodgame The motion passed with all members present voting_"aye" Council Member Goodgame questioned the number of houses included in the original plat and what is included in the revised plat. Planning and Zoning Director Hitt responded there were originally 1.440 homes. Council Member Goodgame expressed concern with the amount of sand. Council Member Goodgame moved for the approval of item 1 • seconded b_y Council Member Hogan. Jim Purvis, 4206 Hammersmith Drive, questioned the re-plat. Planning and Zoning Director Hitt replied that Heritage Hills phase A is a partial re-plat. There was a discrepancy in one of the lots and looped one of the 11 lots together. Also, a utility easement was needed for utility access. The motion passed with all members present voting "aye" UNFINISHED BUSINESS Ordinance No. 2010-04C Mayor Turville read Ordinance 2010-04C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 86, "Administration", by creating new article VIII "Non-Conforming Due to Eminent Domain", providing for severability, conflict, codification, and effective date. Planning and Zoning Director Hitt presented the Ordinance. City staff has worked with the Florida Department of Transportation (FDOT) regarding the changes needed for the intersection of S. R. 50 and U.S. Hwy. 27. This area will be widened in various locations to help accommodate the turn and merge lanes needed for the new intersection. FDOT has worked with property owners to come up with a plan that has the least amount of impact on the properties. Most of the properties have site conditions that are considered non-conforming at this time because of being developed prior to the current codes. Non- conformities include: building setbacks, landscape buffers and material, parking, and signage. FDOT has proposed site changes for the properties which are referred to as Cure Plans. If agreed upon by FDOT and the property owner, the owner is compensated accordingly. City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2010 Once the eminent domain action or "Transfer in Satisfaction of Condemnation (TSC)" is completed, there is no assurance the improvements will be completed. The proposed ordinance recognizes the cure plans as a possible solution and allows the owner to work with the City to provide an alternative plan. Within 180 days after the TSC, the owner must submit a cure plan. A timeline for the site renovations is then specified to account for the complexity of each cure plan. Planning and Zoning Director Hitt reviewed several amendments to the ordinance. Staff recommended approval. City Attorney Mantzaris explained the two step process. City Manager Saunders clarified the proposed ordinance is not an approved cure plan; it establishes the process. Mayor Turville opened the public hearing. Bob Wade expressed concern with the proposed time frame. Paul Bain, Esq, representing the Second Hand Thrift Store, voiced concern with the proposed language and requested Council not approve the ordinance. Suzanne Driscoll, Esq., representing Walgreens, spoke of concern related to site access and transfer of title. She objected to Council approving this ordinance as written. Tom Cowin, Esq., representing Pizza Hut, raised concerns with proposed language within the Ordinance and suggested revisions. Ellen Harthrow, FDOT Land Planner for the S.R. 50 project, provided a brief history of this project and explained the process. Jim Purvis, 4206 Hammersmith Drive, requested Council deny the proposed ordinance. Hal Morland, Esq., represented Clermont Offices, LLC, voiced concerns about language in the ordinance and suggested the ordinance be written to protect the property owners and the public. Dennis Horton, Owner of Clermont Offices, LLC, expressed concern as a property owner with the time line. Mayor Turville closed the public hearing. City Attorney Mantzaris addressed the issues brought forth and pointed out the property owners should be part of the condemnation process. Shirley Martin, FDOT Right of Way Manager, addressed concerns of the property owners. The Council expressed concern with the property owners not being involved in this process and agreed to include language in the ordinance to allow the businesses to be more involved in the process. City Manager Saunders suggested tabling for 30 days to allow staff time to make revisions to the ordinance. City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2010 Council Member Mullins moved to table to Aril 13• seconded by Council Member Hoban. The motion passed with all members present voti ~ "aye" NEW BUSINESS Florida Department of Transportation (FDOT) Non-Binding Cure Plans Council Member Hogan moved to table• seconded by Council Member Goodgame The motion passed with all members present voting "aye" Mayor Turville recessed the meeting at 9:04pm; the meeting reconvened at 9:11pm. Ordinance No. 2010-OSC Introduction Mayor Turville read Ordinance 2010-OSC aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 86 Administration, Article IV Variances, Section 86-175 Time-Limit for commencing construction; Chapter 102 Signs, Section 102-25 Illustrations, Figures 102-25A through 102-25F; Chapter 122 Zoning, Article III Districts, Division 8 C-1 Light Commercial District, Section 122-203 Permitted Uses; Section 122-204 Conditional Uses; Division 9 C-2 General Commercial District, Section 122-223 Permitted Uses; Division 10 CBD Central Business District, Section 122-243 Permitted Uses; Section 122-247 off street parking; Article V Supplementary District Regulations, Section 122-342 Special Setbacks; Section 122-343 Fences and Walls; Figure 122-343A; Section 122-347 Open Air Sales; Section 122-348 Temporary Structures; providing for severability, effective date, and publication. Council Member Mullins moved for introduction of Ordinance 2010-OSC• seconded by Council Member Hogan. The motion passed with all members present voting"aye" Ordinance No. 2010-07C Introduction Mayor Turville read Ordinance 2010-07C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, relating to Taxation amending Chapter 58 "Taxation", Article II "Public Service Tax" of the City Code by revising the enumerated list of purchases subject to the tax in accordance with recent changes to Section 166.231, Florida Statutes; providing for codification, severability, conflict, and effective date. Council Member Mullins moved for introduction of Ordinance 2010-07C• seconded by Council Member Hogan. The motion passed with all members present votins "aye" City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2010 Event Request Assistant City Manager Gray requested Council approval and funding of a proposed Fall Celebration Event in October. The budget amendment request is for $25,000 to begin securing items needed for the event as well as contract with Creative Services. There will be sponsorship opportunities to help with funding the event. Council Member Hogan motioned to put $25 000 aside for this project• seconded by_ Council Member Goodgame• Cuqui Whitehead questioned whether the construction would interfere with the events. Assistant City Manager Gray noted the events will only take place on Montrose Street and Historic Village. The motion passed with all members present voting"aye". ADJOURN: With no further comments, this meeting was adjourned at 9:20pm. APPROVED: ,-- Harold S. Turville, Mayor ATTEST: ~~ Tracy Ac royd, City C1 k