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06-08-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2010 The Clermont City Council met in a regular meeting on Tuesday, June 8, 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, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, Deputy City Clerk Noak and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENT Wally Herda, 1109 Hampton Street, asked Council to consider writing a thank you letter to Lambs Nursery for the plantings at the front entry on Eighth Street. Jim Purvis, 4206 Hammersmith Drive, commended Public Services Director Preston Davis and his department for their extra efforts when picking up the trash. Tiin Murry, 574 East DeSoto Street, thanked the City for repairing the potholes in the East DeSoto Street and Bloxam Avenue area; however there is still water collecting in the area. He thanked the City for working on the sidewalk on School Street. Mr. Murry requested the City look into the rain washout near the corner of East DeSoto Street and Anderson Street near the cemetery. He invited all to attend the "Kick It Off' event on Saturday, June 12 from 10am to 5pm. PROCLAMATION Mayor Turville read the proclamation aloud declaring the week of June 6 through June 12 as National Garden Week. Arlene Hanks thanked Council for the Proclamation and invited all to attend a dedication ceremony honoring Polly Duncan at 2pm Saturday, June 12 at the Garden Center. REPORTS Assistant City Manager Gray — No Report City Manager Saunders — No Report City Attorney Mantzaris — No Report Council Member Hogan thanked the Garden Center for their assistance with saving the garden on Third Street. Council Member Goodgame congratulated the Garden Center. He thanked Public Services Director Preston Davis and his department for the road repair work completed in Kings Ridge. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2010 Council Member Goodgame stated the City and the service clubs have been considering placing a memorial at the corner of 8 Street and Osceola, to honor all the Veterans who have died in service. Council Member Goodgame moved to have staff draw up a preliminary design for the memorial: seconded by Council Member Thompson. The motion passed with all members present voting "aye ". Council Member Mullins — No Report Council Member Thompson — No Report Mayor Turville thanked the City for their part in the Memorial Day ceremony. 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— Bid Award & Budget Amendment Request to award bid to Hubbard Construction Public Services Department for the street resurfacing project in the amount of $282,830.00 and approval of a budget amendment in the amount of $34,664.64 Item No. 2 — Purchase Approval Request authorization to piggyback Lake Public Services County's contract with Bee -Saf -Tee Fire Equipment Company to provide service and maintenance for the City's fire extinguishers Item No. 3 — Purchase Approval Request authorization to purchase stormwater Public Services Department equipment in the amount of $40,977.96 Item No. 4 — Grant Opportunity Request authorization to proceed with the Fire Department submission process to obtain funds from the SAFER Grant Item No. 5 — Grant Opportunity Request authorization to accept $16,815.00 from Police Department the United States Department of Justice, Edward Byrne Memorial Justice Assistance Grant, State Solicitation Program Item No. 6 — Grant Opportunity Request authorization to accept $12,169.00 from Police Department the United States Department of Justice, Edward Byrne Memorial Justice Assistance Grant, Local Solicitation Program 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2010 City Manager Saunders pulled Item No. 3. Council Member Goodgame moved to approve Items 1 through 6, except Item 3; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Manager Saunders stated the Caterpillar Skid Loader was no longer available and requested approval to allow up to $25,000.00 for purchasing a similar item. Council Member Hogan moved for approval; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Mayor Turville stated the next two items would be heard together and voted on separately. Item No. 7 — Ordinance No. 2010-05-M Final Hearing Mayor Turville read Ordinance 2010 -05 -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; severability; recording; and publication. Item No. 8 — Ordinance 2010 -06 -M Final Hearing Mayor Turville read Ordinance 2010 -06 -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. Planner Barbara Hollerand presented the annexation and Small Scale Comprehensive Plan Amendment for the Deper property. The property is located east of the intersection of Citrus Tower Boulevard and Excalibur Road, on the north side of Excalibur Road, adjacent to East Ridge Middle School. The owner /applicant is Deper LLC. The Small Scale Comprehensive Plan Amendment request is to change the Future Land Use from Lake County Urban to Commercial in the City. The property is contiguous to the City on its southern side. To the property's north is the Deper II property. The Deper II property had an annexation and Small Scale Comprehensive Plan Amendment pending, which were withdrawn on May 25, 2010. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2010 Staff did not recommend approval of the request for Commercial future land use. The proposed future land use does not provide a transition from residential uses bordering the subject property on the west and south. Additionally, two large schools have access off Excalibur Road. The City received a letter in opposition to the request by Jeri Schuur of 13221 Paloma Road, Clermont, Florida. Staff recommended approval of the annexation request. Chris Roper, Attorney for the applicant, responded to the letter of opposition and stated he did not think the land use change would decrease property values or hinder road access. Mr. Roper stated the Lake County Future Land Use Map zones the property as Urban, which allows for industrial use. The upcoming Lake County Land Use Map will zone the property Regional Office and currently there are no Lake County Land Development Regulations for the Regional Office zoning designation. The applicant would like to annex as it is known what the City will allow. Mr. Roper provided several examples of possible appropriate types of commercial businesses which could be compatible near schools. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, spoke in opposition of the request. Tina Geer, 3356 Tumbling River Drive, spoke in favor of the request. Mayor Turville closed the public hearing. Council Member Goodgame inquired as to the types of uses the property would have should the land remain in the County. Mr. Roper stated if the land remains in the County they would be able to build anything. Council Member Goodgame inquired as to the types of uses the property would be unable to do should the land be annexed into the City. Mr. Roper stated the property would no longer have industrial use. Council Member Mullins commented he was for annexing the property into the City, but not for commercial use. Council Member Thompson stated he was not opposed to either request. Council Member Goodgame commented he would like the City to have control over the land use of the property. Mayor Turville stated the City has commercial land uses which would not be acceptable for the location. Council Member Hogan commented he was not opposed to either request. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2010 Council Member Goodgame moved to approve Ordinance 2010 -05 -M; seconded by Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposing. Council Member Goodgame moved to approve Ordinance 2010 -06 -M; seconded by Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposing. Item No. 9 — Resolution No. 2010 -09 Wootson Temple Church Mayor Turville stated the next two items would be heard together and voted on separately. Mayor Turville read Resolution 2010 -09 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 for a church facility in the R -2 Medium Density Zoning District. Planner Curt Henschel presented the proposed Conditional Use Permit request and the variance request. The applicant proposed to construct a new 6,660 square -foot sanctuary on the southwest corner of East Juniata Street and Scott Street, south of the existing church. The existing church will be redeveloped as the office operations for the new church facility and allow for additional parking on the property. Staff recommended approval of the Conditional Use Permit. The applicant requested a variance for an overall parking count reduction of 22 parking spaces for a house of worship. Total parking is calculated using the seating capacity and the office space. Staff recommended denial of the variance request. Arthur Nix, Montverde Engineering, described the uses for the facility. Mr. Nix commented the various facilities would not be used during worship service and condition number nine could be invoked should parking become an issue. Marvin Wootson, 13113 Baneberry Court, Wootson Temple Church Pastor, stated the church was in need of additional space. Mayor Turville opened the public hearing. Tim Murry, 574 East DeSoto Street, spoke in favor of the requests. Willie Montgomery, 419 East DeSoto Street, spoke in favor of the requests. James Montgomery, Jr., 640 Bloxam Avenue, spoke in favor of the requests. Mayor Turville closed the public hearing. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2010 Mayor Turville commented he was not opposed to the request. Council Member Thompson stated he was not opposed to the request. Council Member Hogan commented he was not opposed to the request. Council Member Thompson moved for approval of Resolution 2010 -09; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". NEW BUSINESS Item No. 10 — Variance Request Wootson Temple Church Council Member Thompson moved for approval of the variance request; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 11— Variance Request Fill and Grill Jim Hitt, Planning Director, presented the variance request for a reduction of the driveway distance to a corner street right -of -way from the required 85 feet to approximately 42 feet. The existing driveway is at the corner and runs east along State Road 50 to the eastern property line. The proposed driveway is located on Seventh Street, and the minimum required distance would be from a required 85 feet to 42 feet, for a 43 foot variance. The site is being redeveloped for a new retail store for barbeque grill sales and the repair and filling of propane tanks. The curb cut on State Road 50 is being reduced in accordance with Code and the required landscape buffers will be installed. Rick McCoy, McCoy & Associates, was present and available to answer any questions. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve the variance request; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 12 — Ordinance No. 2010-10-M Introduction Mayor Turville read Ordinance 2010 -10 -M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, under the code of ordinances of the City of Clermont, providing for the annexation of a certain parcel of land contiguous to the present City boundaries; providing for an effective date; severability; recording; and publication. Council Member Mullins moved to introduce Ordinance 2010 -10 -M; seconded by Council Member Thompson. The motion passed with all members present voting "aye ". 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 8, 2010 Item No. 12 — Ordinance No. 2010-11-M Introduction Mayor Turville read Ordinance 2010 -11 -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; effective date; and publication. Council Member Mullins moved to introduce Ordinance 2010 -11 -M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ", ADJOURN: With no further comments, this meeting was adjourned at 8:20pm APPROVED: aro d S. Turville, Mayor ATTEST: Tracy Ackroyd, City k 4 7