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08-24-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2010 The Clermont City Council met in a regular meeting on Tuesday, August 24, 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, 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 ofJuly 27, 2010 and August 10, 2010. Council Member Goodgame moved for the July 27, 2010 minutes approval as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Goodgame moved for the August 10, 2010 minutes approval as written; seconded by Council Member Thompson. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Erik Strange, President of the Clermont Firefighters, proposed for the month of October the Clermont firefighters wear pink colored duty shirts and use pink medical gloves. October is nationally recognized as Breast Cancer Awareness month. There will be no financial obligation to the city. A donation of $1,000 was made by Robins and Morton Construction Company that is building the addition on to South Lake Hospital. He requested Council approval. Council Member Mullins moved to support the Firefighters in October Breast Cancer Awareness by encouraging them to wear pink duty shirts and let the public know why they are doing that; seconded by Council Member Goodgame. The motion passed with all • members present voting "aye ". PROCLAMATION Mayor Turville read the Proclamation aloud declaring the week of September 17 — 23, 2010 as Constitution Week. • REPORTS City Manager Saunders scheduled a Council workshop for 6pm on September 8 . City Attorney Mantzaris — No Report Assistant City Manager Gray — No Report 1 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2010 Council Member Hogan — No Report Council Member Goodgame noted the Tourism Board reported the resort tax receipt has increased 1 percent from the same period as last year but decreased by 13 percent from 2008. He requested staff to write a letter to Lake County Public Works to improve the turn lanes at the intersection of Hancock and Hartwood Marsh Road and a letter written to the Lake County School Board Transportation Department . to change the bus route for Windy Hill Middle School. Furthermore, Mr. Goodgame requested to add the Naming of the Jenkins Replacement Building to the September 8 Council workshop. Council Member Mullins commented Tracy Swank, Librarian at Cooper Memorial, is leaving Lake County for an opportunity with Orange County. Council Member Thompson — No Report 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. I — Surplus Equipment Request to surplus equipment from the Fire Department Council Member Mullins moved for adoption of the consent agenda; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". • UNFINISHED BUSINESS Mayor Turville noted items 2 and 3 have been requested to be tabled to November 9, 2010. Item No. 2 — Resolution No. 2010 -14 First Baptist Church • Council Member Goodgame moved that Resolution 2010 -14 be tabled to November 9; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 3 — Variance Request First Baptist Church Council Member Goodgame moved that the variance attached to Resolution 2010 -14 for First Baptist Church be tabled to November 9; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2010 Item No. 7 — Parks and Recreation Fees Staff requested this item be removed from the agenda to discuss at the Council Workshop on September 8, 2010. Council Member Goodgame moved that Item 7 Parks and Recreation Fees discussion be moved to the Workshop; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 4 — Ordinance No. 2010 -09 -C Final Hearing Mayor Turville read Ordinance 2010 -09C 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 122 Zoning, Article III Districts, Division 1 Generally, Section 122 -63 Districts Enumerated; Section 122 -64 Classification of Annexed Land; Division 2 UT, Urban Transition District, Section 122- 70 Intent, Section 122 -71 Permitted Uses, Section 122 -72 Conditional Uses, Section 122 - 73 Lot and Height Requirements, Section 122 -74 Yards; Division 3. UE, Urban Estate Low Density Residential District; Division 4, R -1 -A, Single - Family Low Density Residential District; Division 5 R -1, Single Family Medium Density Residential District; Division 6 R -2, Medium Density Residential District; Division 7 R -3 -A, Residential/Professional District; Division 8 R -3, Residential/Professional District; Division 9 0-1, Office District; Division 10 C -1, Light Commercial District; Division 11 C -2 General Commercial District; Division 12 CBD Central Business District; Division 13 M -1, Industrial District; Division 14 CD, Commerce District, Section 122 -270 Intent, Section 122 -271 Permitted Uses, Section 122 -272 Conditional Uses, Section 122 -273 Lot and Height Requirements, Section 122 -274 Yards; Division 15 PR, Parks & Recreation District; providing for codification; severability; effective date; and publication. Planning Director Hitt provided the staff report. The Planning and Zoning Board voted to recommend approval of the proposed amendments as written. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Planning Director Hitt noted a correction to Section 122.271 number 2 to include the term storage facilities in the third line after the term spray fields. Council Member Mullins moved adoption of Ordinance 2010 -09 -C as amended; seconded by Council Member Thompson. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". The next two items were heard concurrently and voted on separately. Item No. 5 — Ordinance No. 2010 -15 -M Final Hearing Mayor Turville read Ordinance 2010 -15M aloud by title only. 3 • City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2010 An Ordinance under the Code of Ordinances of the City Council 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. 6— Ordinance No. 2010 -16 -M Final Hearing Mayor Turville Read Ordinance 2010 -16M aloud by title only. • An Ordinance of the City Council of the City of Clermont, Lake County, 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 for 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. Barbara Hollerand, Principal Planner, provided the staff reports for the annexation request and land use change. Chris Roper, P.A., Akerman Senterfitt, was present on behalf of the applicant and was available for questions. Mayor Turville opened the public hearing. Cuqui Whitehead supported the annexation and land use change. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Ordinance 2010 -15M; seconded by Council Member Thompson. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". ' Council Member Mullins moved adoption of Ordinance 2010 -16M; seconded by Council Member Thompson. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". Mayor Turville recognized Boy Scout Troop 784 in attendance to earn merit badges. NEW BUSINESS Item No. 8 - Resolution No. 2010 -17 Magic Moments Mayor Turville read Resolution 2010 -17 aloud by title only. 4 • City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2010 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow an after school and daycare facility in the CBD Central Business District. Curt Henschel, Principal Planner, presented the staff report for the request to allow an after school and daycare facility in the CBD Central Business District. Staff recommended approval. The Planning and Zoning Board voted to recommend approval of the proposed Conditional Use Permit for Magic Moments at the VFW located at 855 W. Desoto Street. Applicant, Sam Allison, was present and available for questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for the adoption of Resolution 2010 -17; seconded by Council Member Thompson. The motion passed with all members present voting "aye ". - Item No. 9 — Variance Request Irving Matthews Curt Henschel, Principal Planner, presented the staff report to allow for a non - conforming pylon sign to remain after a business has gone out of business or has vacated the premises. Staff recommended denial of the variance request for a pylon sign to remain non - conforming. Applicant, Emily Lee, was present requesting approval. She commented the building was vacant for over two years. The building was in disrepair and spent money renovating it. Mayor Turville opened the public hearing. Tim Murry spoke in favor of Council approving the variance request. Mayor Turville closed the public hearing. The Council expressed support for the request and questioned placing a condition on the variance. City Attorney Mantzaris advised Council can place a condition on a variance. Council Member Thompson suggested granting an 18 month variance. Council Member Goodgame moved for the business she is opening the sign will be permitted for that business up to a period of 18 months and if the business changes she will have to return to Council; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 5 • City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2010 Item No. 10 — Foreclosure Request Code Enforcement Planning Director Hitt presented the staff report to request foreclosure on a property located at 792 E. Montrose Street from a Code Enforcement case. The Code Enforcement Board did recommend foreclosure on the property. Staff recommended foreclosure. Pastor Daryl Forehand was present. He recommended the city consider a donation of consideration to alleviate the problem and will allow the city to have the property. Mayor Turville opened the public hearing. Tim Murry and Mr. Sheldon expressed concern with the condition of the church. Mayor Turville closed the public hearing. The Council discussed allowing additional time to demolish the building. City Manager Saunders suggested the Council could either table for 60 days or move to foreclose in 60 days if the building has not been demolished. Council Member Thompson moved to approve foreclosure on the property however postpone for 60 days to give the land owner the opportunity to either demolish or provide an alternative use acceptable to council. If either of those happen, we will waive the foreclosure; seconded by Council Member Goodgame. City Attorney Mantzaris clarified there is a lien on the property. City Manager Saunders noted the Council is not addressing the lien. The motion passed with all members present voting "aye Item No. 11— Agreement Approval Police Department City Manager Saunders reported staff has been working with the Lake County Sheriff' s Department to transfer dispatch operations to the Sheriff. It is a great opportunity for a substantial cost savings to the city and the service provided will be unified. Staff recommended the Council move forward with the agreement. If approved, staff requested a budget amendment in the current year for the equipment and software cost. The agreement would become effective January 1, 2011. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, expressed concern with non emergency phone numbers. City Manager Saunders noted the Police Department will still have the non emergency numbers. Mayor Turville closed the public hearing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 24, 2010 Wayne Longo, Lake County Sheriff's Office, was present and available for questions. Council Member Goodgame moved for the approval of the agreement for our Police Department to have the Sherriff s Department do all the dispatching; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Manager Saunders requested a motion for a budget amendment for the two items required. One is for $102,716 for the equipment cost itemized in Section B of the contract and $310,559 for the Spillman Technologies contract for software. Council Member Thompson so moved; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 12 — West Park Improvements Engineering Department City Manager Saunders reported staff recently received bids for the West Park improvements. There is $800,000 in the current year budget for this project. Boykin Construction was the low bid at $490,783.73 for the softball fields. The second portion of the bid is the lighting with a proposal to piggyback from Clay County from Musco Lighting. Staff requested Council approval of the Boykin Construction contract as the low bidder and piggyback the Clay County contract from Musco Lighting. There were two alternate bids. One is to sod the common areas rather than seeding and staff recommended approval. Alternate two is to use the large roll piece of sod instead of cut sod; staff did not recommend approval. Furthermore, staff recommended lighting of all three fields. There will be approximately $100,000 remaining of the $800,000 budget. The final piece is the construction of a concession stand and restrooms. Staff believes a bid can be obtained within that amount. 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 West Park Improvements as outlined by Mr. Saunders recommendation; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 13 — Mosquito Control City Manager Saunders noted the Council requested this item be placed on the agenda. Clark Services provided a quote of $2,900 per application to spray the active park areas. Treatment would include spraying from an ATV to kill flying adult mosquitoes and Back Park Barrier Spraying designed to kill harboring mosquitoes and create a residual barrier. They recommended treatment at least every two weeks through October. Five applications would be $14,500. Public Services staff is looking at the cost of certifying one or more employees and all other costs associated with the city performing the mosquito control for next year. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING • August 24, 2010 Council Member Mullins moved to contract with Clark Services to apply Mosquito Control this Fall arid then look into doing it ourselves next year as suggested by staff; seconded by Council Member Thompson. The motion passed with all members present voting "aye ". Item No. 14 — Ordinance No. 2010 -10 -C Introduction Mayor Turville read Ordinance 2010 -10C aloud by title only. An Ordinance of the City of Clermont amending Chapter 54, "Streets, sidewalks and other public places ", by creating new article III "Motion Photography Permitting", creating new sections 54.90 et. seq. providing for definitions, providing permit requirements, providing for a permit application, providing standards for issuing of permits, providing for the recovery of costs for extraordinary services, providing for exemptions from zoning requirements; providing for penalties and providing for severability, conflict, codification and effective date. Council Member Mullins moved to introduce Ordinance 2010 -10C; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 8:55pm. • APPROVED: /° wg - / f-set der arold S. Turville, Mayor ATTEST sari Tracy Ackro '4, City Clerk / 8 A CITY OF CLERMONT Office of the Fire Chief To: Wayne Saunders, City Manager From: Carle Bishop, Fire Chief Date: August 13, 2010 Re: Fire Department Surplus I would like to request the items below to be placed on August 24, 2010 council agenda for surplus. The top two items maybe advertised on Craigslist or EBay. The additional lists of FD items are identified for consideration. • Welcraft Boat -1988 HIN:WELD0948C888(Tit1e1361994) -200 HP Mercury OB Motor and 1988 Shorelander boat trailer (This was a used boat retired from LCSO that was donated to Clermont FD in 1998. The transom and portions of the floor structure are deteriorated and no longer safe for use). • 1985 Ford /AM LA FRANCE(3255) Ladder Truck: Vin- 1 FDYD8007FVA35862 (The aerial devise requires a $6,000 repair due to hydraulic leakage. The vehicle in its current condition is estimated at approximately $5,000). ADDITIONAL ITEMS : • 3 Boxes of old Fire Helmets • 4 Boxes of Miscellaneous size gear • Pressboard Entertainment Center • 5 mattress' white and blue • 6 kitchen chairs and table • 5 black recliners • 1 box empty storage /paint cans • Box of lens /meter covers • Pre -cast Cribbing • Wooden box labeled Partner • Hose Jack • CO2 Extinguisher • 'Small end table • Pallet non - usable hose • 1 box of niisc.gear liners, shells, rubber fire boots, Haz -mat boots & Tyvek suits • Generac- Model: SV -2400, Generator 439 WEST HIGHWAY 50 • CLERMONT, FLORIDA 34711 PHONE: 352/394 -7662 • FAX: 352/241 -4904