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04-27-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2010 • The Clermont City Council met in a regular meeting on Tuesday, April 27, 2010 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, and Hogan. 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. Mayor Turville reported on changes to the agenda. The Inglesia Promesa Church Conditional Use Permit has been requested to be withdrawn. The variance request for Khadra Enterprises requested to be tabled. Council Member Goodgame moved to postpone to May 11; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". The variance request for Jimmy Crawford requested to be tabled. Council Member Goodgame moved to postpone to May 11; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". III Mayor Turville noted Council Member Thompson would be absent from the Council meeting. MINUTES Council meeting minutes of April 13, 2010. Council Member Goodgame moved approval of the minutes of the regularly scheduled Council meeting held April 13 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Bob Bowman, 723 W. Montrose St., thanked Council, City Manager Saunders and Police Chief Graham for allocating staff time and resources to catch the people doing the graffiti downtown. He suggested allowing owners 60 to 90 days to conceal it and offered to volunteer to paint. Council Member Goodgame recommended the Boy Scouts. Cuqui Whitehead, 837 5 Street, commented on attending the new Honda Grand Opening REPORTS City Manager Saunders rescheduled the Council workshop from May 12 to May 17 at 6:00 pm. City Attorney Mantzaris — No Report • Assistant City Manager Gray — No Report 1 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2010 • Council Member Hogan — No Report Council Member Goodgame complimented the city on the sod laid at south Hancock; commented Sam's Club is not moving forward with their agreement right now due to the number of stores closing; reported on the Tourism Development Resort Tax; commented on algae around Lake Dot; expressed concern with skateboard riders along Historic Village and asked about cameras. City Manager Saunders noted cameras are planned for next year's budget. Council Member Goodgame reported that Brian Davis was recognized last year at the Chamber Business meeting. He has expressed interest in serving on the Bicycle Pedestrian Advisory Committee. Council Member Goodgame moved to appoint Brian Davis to the BPAC; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Council Member Mullins thanked the City and staff for helping with the 4 Annual Sidewalk Chalk Art event held last weekend. Mayor Turville commented on the increase in patrons dining at our local restaurants. 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. III Item No. I - Event Request South Lake Little League request for reduced fees for use of Hancock Park Softball Fields to host the Central Florida Little League Softball Sectionals July 16 and 19 Item No. 2 - Bid Award Utilities Dept. request to award bid to Utility Services Company Inc., in the amount of $187,000.00 for the recoating and repair of the East Elevated Water Storage Tank Item No. 3 - Budget Amendment Request for an amendment to the Fire Department Budget in the amount of $15,759.11 for the purchase of CAD interface software for vehicle laptop computers Item No. 4 — Purchase Approval Public Services Dept. request approval to purchase a Street Sweeper from Container Systems & Equipment Co. in the amount of $154,000.00 Item No. 5 - Proposal /Agreement Request approval of a proposal /Agreement from Engineering Department BESH Inc. in the amount of $51,603.75 to perform engineering and architectural services related to the design, permit and construction of • the West Park Renovations 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2010 • Item No. 6 — Proposal Approval Request approval of a proposal from Architects Purchasing Department Design Group in the amount of $54,639.00 to perform Phase I architectural services related to the Police Department expansion Item No. 7 — Proposal Approval Request approval of a proposal from CT Hsu in the of $182,800.00 to perform professional architectural services related to the planning, design, and construction of the Jenkins Auditorium Replacement Facility Council Member Goodgame moved the consent agenda be approved as submitted; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Contract Approval City Manager Saunders noted this was tabled at the last meeting. It was erroneously reported there was a spill and a truck turned over. Staff requested Council move forward with the approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public • hearing. Council Member Mullins moved for acceptance of the contract; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". NEW BUSINESS Resolution 2010 -07 Mayor Turville read Resolution 2010 -07 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a daycare facility in the Central Business District. Curt Henschel, Planner, presented the request. The applicant is proposing to occupy a 2,300 square foot building that could handle up to 45 children. The applicant is targeting pre - school aged children in the 1 -5 age groups. The applicant believes the business will provide a needed service to working parents within the area. Hours of operation are expected to be from 6:30 am to 8:00 pm, Monday through Saturday. Staff recommended approval of the request for the Conditional Use Permit (CUP) to allow a children's daycare center in the Central Business District zoned parcel. Ms. Irma Myack, Applicant, was available for questions. Mayor Turville opened the public hearing. • Cuqui Whitehead, 837 5"' Street, spoke in favor of the request. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2010 • Mayor Turville closed the public hearing. Council Member Mullins moved to approve Resolution 2010 -07; seconded by Council Member Hogan. The motion passed with all members present voting_"aye ". Variance Request Crystal Clear Pools Jim Hitt, Planning and Zoning Director, presented the eight (8) variances. Staff recommended approval of the variance requests numbered 1 through 4, 6, 7 and 8. Staff recommended denial of request number 5 for the use of the palm trees and recommended a partial denial of number 7 to keep the existing 2 foot landscape buffer on the west and east sides. Rick McCoy was present representing the applicant. Mr. Granville, applicant, was present. The site would be owner occupied and it is an existing business. There is also a lien on the property. The site was a restaurant. The variances are requested to make the site work. Mayor Turville opened public hearing. Jim Purvis, 4206 Hammersmith Drive, spoke in support and expressed concerns with large trucks making deliveries. He commented the roof line is only covered on three (3) sides. Cuqui Whitehead supported the request and expressed concern with large truck deliveries. III Mr. Granville, applicant, complimented the City on being accessible and easy to deal with. The deliveries are made by small tankers once per month. Mayor Turville closed the public hearing. Mayor Turville supported the request to keep the palm trees. Council Member Mullins agreed to allow the applicant to keep the palm trees and would like to enhance the understory. The applicant agreed as suggested by Council Member Mullins. Council Member Hogan voiced support for the request. Council Member Goodgame moved for approval of the variances requested to include saving the palm trees and agrees to a 3 foot landscape buffer; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". City Attorney Mantzaris clarified that Council did not address the code enforcement lien at this meeting. Wally Herda Mr. Herda addressed the Council regarding Progress Energy. He believes the power station in question is overbuilt and requested no more construction within this facility. • 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 27, 2010 Mayor Turville noted Progress Energy has jurisdictional obligations through the State of Florida. There is a Conditional Use Permit (CUP) on this property. Assistant City Manager Gray met with Progress Energy representative Jerry Miller along with Mr. Herda on the site. He further explained the CUP was approved in 1991 when the agency was formerly known as Florida Power. The CUP outlines the city requirements as it relates to landscaping, sidewalks and parking. Progress Energy has an agreement with the State allowing the substation which supersedes the City's CUP. Progress Energy has met with Planning and Zoning to obtain an updated landscape code to rectify the landscape requirements around the substation. Also, in regards to the magnetic field concern, Progress Energy offered to bring their specialist to the site along with the specialist working with Mr. Herda to discuss. Progress Energy will replace shrubs and trees to obscure the view of the substation. City Manager Saunders noted he also spoke with Mr. Miller. He is fully cooperative in taking care of the landscaping. Furthermore, that is not an open street; it is a right of way. Mr. Herda disagreed stating it is an open street. Council Member Goodgame suggested Progress Energy provide a written report and readings. Assistant City Manager Gray noted Mr. Miller stated there are no plans to expand that site from what it is today. Mayor Turville recommended Mr. Herda be notified when the readings are taken. • Council Appointment Lake County Board of County Commissioners is requesting the Council select an individual to represent the City on the Lake County Arts and Cultural Alliance. Council Member Mullins currently serves as the representative. Council Member Goodgame moved to reappoint Keith Mullins; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 8:29pm. APPROVED: • arold S. Turville, Mayor ATTEST: • Tracy Ackroyd, City Clerk 5