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09-28-2010 Regular Meeting City of Clermont - MINUTES REGULAR COUNCIL MEETING September 28, 2010 The Clermont City Council met in a regular meeting on Tuesday, September 28, 2010 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:00 pni with the following Council Members present: Council Members Mullins, and Goodgame. 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 of September 8, 2010; September 14, 2010; and September 16, 2010. Council Member Goodgame moved to approve the minutes of September 8, 2010; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Goodgame moved to approve the minutes of September 14, 2010; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Goodgame moved to approve the minutes of September 16, 2010; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Joseph Boucher requested the city designate a controlled area for residents to leave personal boats along Lake Minneola. Mayor Turville noted this would have to be discussed at a future workshop and asked staff to contact him when placed on an agenda. Linda Killoran, 1536 Sherbrook Drive, questioned if there are funds in the budget for repair and maintenance of the tennis courts at Palatlakaha Park. Assistant City Manager Gray confirmed there is money in the budget beginning October 1. Staff is currently obtaining quotes for resurfacing the courts. Ann Dupee thanked Council for approving the beach opening. She announced Lake Apopka Natural Gas has unveiled a new car run by natural gas. Also, she reported high weeds at the house located on the southwest corner of Osceola Street and East Avenue. Erik Strange, President of Clermont Firefighters and Aaron Nickerson, Vice President, thanked Council for their support in allowing the Fire Department to wear pink duty shirts during the month of October. • The shirts will be available for purchase with proceeds benefiting Breast Cancer Awareness. Tim Murry stated the shuffleboard courts are in need of repairs. Mr. Murry also reported graffiti on the walls of the Hancock walking path.. PROCLAMATION Mayor Turville read the proclamation aloud in its entirety declaring November as Be a Hero Month. City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2010 • REPORTS Assistant City Manager Gray reported on the opening of the beach at Waterfront Park and the Annual Downtown Celebration this weekend. Mr. Gray commented staff sent out a Request for Qualifications (RFQ) for the Inland Groves property. The management plan requires us to begin planning the restoration of the site. He requested Council approve the rankings to move forward with negotiating a contract. City Attorney Mantzaris added there are no advertising requirements. Staff will return to Council for approval of the final contract. The top • three ranked firms were: Gatorsktch Architects, Inc. and Mitigation Resources, Eco -Logic Restoration and LPG Environmental. Council Member Mullins moved to accept staff's recommendation for ranking for the Request for Qualifications on Inland Groves park; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Assistant City Manager Gray requested Council approval to apply for a matching grant for restoration of Inland Groves. The deadline for the grant is October 8. The funds are in the budget. The grant is from the Florida Fish and Wildlife Conservation Commission. • Council Member Mullins moved to apply for the grant; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Assistant City Manager Gray asked for one representative from the Council to go on the tour with staff for the UCF business incubator concept program. Council Member Mullins will represent the Council. In the event he cannot attend, Council Member Goodgame will represent the Council. City Attorney Mantzaris provided an update regarding a citizen complaint in reference to an accident in which his father died. He reviewed the traffic homicide report prepared by the Clermont Police Department. There were two issues associated with the complaint. The first is the citation issued that was dismissed. Mr. Mantzaris followed up with Chief Graham and it was determined that due to an error in the County Clerk's office; the Judge threw out the ticket however the citation has been reissued and is proceeding. The other complaint is the lack of criminal charges being pursued against the driver of the vehicle that caused the accident. Mr. Mantzaris stated the State Attorney has complete discretion and they elected not to pursue criminal charges. The Chief Assistant State Attorney will contact the family to explain the reasons for not pursuing it. Council Member Goodgame commented the tourism tax for August increased 8 percent compared to last year. Council Member Mullins — 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. • 2 • City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2010 Item No. 1— Event Request Request use of McKinney Park for a "Get Out Democratic Black Caucus Club to Vote" event on Saturday, October 23` from 8 a.m. to 5 p.m. Item No. 2 — Event Request Request from the Downtown Partnership to hold an art show and request street closing from 865 W. Montrose (Police Department) • to 664 W. Montrose St. (Choice Collection) November 5 -7 • Item No. 3 — Pay Grade Classification Amendment to the Pay Grade Classification • Administrative Services Schedule to include the Life Guard position Item No. 4 — Agreement Addendum Addendum to the Police Officers Collective International Union of Police Officers Bargaining Agreement, to forego a 2.5% pay AFL -CIO — Local 6013 increase effective October 1, 2010 Administrative Services Item No. 5— Re-plat Approval Request approval of the Clermont Landing Re- plat, Tracts 53 A &B, 54 A &B, 55 A &B, 58, 59, 60 and vacated right of ways, a commercial subdivision, located south of Hwy 50, east on Hwy 27 and north of Steve's Road Item No. 6 - Grant Opportunity Request authorization to apply for a grant from the Florida Recreation Development Assistance Program in the amount of $50,000 for the Inland Groves Park Property Item No. 7— Contract Renegotiation Request approval of renegotiated contract with Cintas Uniforms Item No. 8 — Bid Award Request authorization to award the bid for the Engineering Department - West Park Concession/Restroom Building to CBC Group, LLC in the amount of $74,926.00 Assistant City Manager Gray pulled item 4 from the agenda to return to Council next month. Council Member Mullins moved acceptance of consent agenda items 1, 2, 3, 5, 6, 7, and 8; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". UNFINISIHED BUSINESS Ordinance No. 2010 - 11 - C Final Hearing Mayor Turville read Ordinance 2010 -11C aloud by title only. • 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2010 An Ordinance of the City Council of the City of Clermont. Lake County, Florida amending Chapter 66, Utilities, Article VII, Water Efficient Irrigation and Landscape, amending definitions; providing for local implementation of the water conservation rule for landscape irrigation of the St. Johns River Water Management District; providing • definitions; providing landscape irrigation' schedule; providing exceptions to the landscape irrigation schedule; providing variances from the specific day of the week limitations; providing for the applicability of the ordinance; providing penalties for violation of the ordinance; providing for codification, severability, conflict and an effective date. City Engineer Richardson reported this is a required amendment as part of the Consumptive Use Permit renewal. This ordinance amends the city code to comply with changes to the irrigation rules of the St. Johns River Water Management District. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville spoke in opposition to this ordinance. Council Member Goodgame moved for the adoption of Ordinance 2010 -1IC; seconded • by Council Member Mullins. The motion passed 2 to 1 on a roll call vote with Mayor Turville opposing. Ordinance No. 2010 -12 -C Final Hearing Mayor Turville read Ordinance 2010 -12C 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 58 Taxation, Article W Local Business Tax, Section 58 -118 Opening business without a Business Tax Receipt; Penalty, surcharge and applicable delinquent charges; Section 58 -122 Application for Business Tax Receipt; Section 58 -127 Permits in addition to Business Tax Receipt; Display; Section 58 -128 Coin Devices subject to tax; Section 58 -130 Schedule of Local Business Taxes; Section 58 -131 Businesses required to furnish information; providing for codification; severability; effective date; and publication. Planning and Zoning Director Hitt reported this ordinance updates the language in the code from "Occupational License" to "Business Tax Receipt". This change will help to eliminate confusion. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for the adoption of Ordinance 2010 -12C; seconded by Council Member Mullins. The motion passed 3 to 0 on a roll call vote with all members present voting "aye ". Ordinance No. 2010 -17 -1 Final Hearing Mayor Turville read Ordinance 2010 -17M aloud by title only. 4 • • City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2010 • An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Govemment Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting a map change to the future land use map of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan Amendment; setting forth the purpose and intent of the Comprehensive Plan Amendment; establishing the legal status of the Comprehensive Plan Amendment; providing for severability, conflict and an effective date. Principal Planner Hollerand presented the request for the adoption of the large -scale comprehensive plan • amendment that was approved for transmittal in June. The owner /applicant is Ladd Development, represented by Dale Ladd. The vacant 131 -acre property is near the northeast corner of Hancock Road and Hartwood Marsh Road. South Lake Charter School is to its south and west. There are residential City subdivisions on the property's north (Somerset and Heritage Hills), south (Regency Hills) and west (Hartwood Pines). Vacant property in the county is to the east. A single- family residential subdivision with 320 homes is planned for the site. The property was annexed June 22 and rezoned to R -1 Medium- - Density Residential. The large -scale comprehensive plan amendment request is from Lake County Urban Expansion to Low - Density Residential in the City. Formerly known as the "Hart property,' this property once included the 10 -acre charter school property site, which was sold in 2005. In 2004, the owner requested a future land use change in the county from Rural to Urban Expansion, and the property was rezoned from Agriculture to R -4 Residential. The comprehensive plan amendment was not found in compliance by the Florida Department of Community Affairs, and the amendment went into settlement agreement. In the stipulated settlement agreement that resulted, no residential development was to be allowed on the property until and unless it was annexed into the City. The maximum residential density was capped at 320 single - family dwelling units, approximately 2.4 units per acre. The proposed future land use of Low - Density Residential allows for a maximum density of 3 units per acre. City water and sewer capacity is available to serve the development. The site is accessible by Hancock Road and Hartwood Marsh Road, and there is a traffic signal at the intersection of these two roads. It is appropriate to assign Low - Density Residential future land use to the property. The Planning and Zoning Board recommended approval to the City Council. The City Council voted 5 -0 to transmit the proposed amendment on June 22. The Florida Department of Community Affairs issued a letter to the City dated September 16 stating it was raising no objections, recommendations or comments in regard to the proposed amendment. The amendment remains unchanged from what was approved by the Council in June. Staff recommended approval of the Future Land Use Map change to Low - Density Residential. Mayor Turville opened the public hearing. Ann Dupee supported the ordinance. Mayor Turville closed the public hearing • Mayor Turville expressed concern with the traffic. Council Member Goodgame requested staff send a letter to the Metropolitan Planning Organization (MPO). Mr. Ladd responded to the concerns noting there is not a timetable for this project. He is aware of the traffic problems with the school. There are plans to help alleviate the traffic issues. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2010 Council Member Mullins moved to adopt Ordinance 2010 -17M; seconded by Council Member Goodgame. The motion passed 3 to 0 on a roll call vote with all members present voting "ave ". NEW BUSINESS Variance Request Clermont Women's Club Planning and Zoning Director Hitt presented the request to allow for a grass parking area rather than a paved parking area as required in the Land Development Code. The applicant requested to use the vacant space on the east side of the site as grass parking. A concrete apron is proposed to access the limited space and a sidewalk is also proposed leading from the grass parking area to the front walkway. The city leases the site and building to the Women's Club and it is the only registered historical building in • Clermont. If the site were paved, the drainage would be changed and the character of the entire site would be altered significantly. The grass parking would provide more onsite parking, rather than street parking for some of the functions hosted by the Women's Club. Staff recommended approval of the grass parking. In addition, the Women's Club requested the city pay for the concrete apron and the sidewalks. Debbie Milwee, President of the Clermont Women's Club, was present requesting Council approval. Mayor Turville opened the public hearing. Linda Charlton, 939 W. Desoto Street, questioned why the city required paved parking for Max's House and not the Women's Club. She was not opposed to this request. Mayor Turville closed the public hearing. Planning and Zoning Director Hitt provided an explanation. This is a pre existing use; not a change of use. The other site referring to was a change in use from residential to commercial. Council Member Goodgame inquired about the cost estimate of the concrete apron. Mr. Hitt responded • the apron cost would be approximately $300 to $500 and estimated the sidewalk cost at $500. There are no other improvements; this is to get the traffic of the street. Council Member Mullins moved to grant the variance and put in the apron and sidewalks; seconded by Council Member Goodgame. Under discussion, Mayor Turville asked to limit the amount. Council Member Mullins amended the motion to place a $1,000 cap; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Site Approval City Engineer Richardson presented the proposed West Water Treatment site. The water quality 011 the west side has been an issue of concern. There are funds in the next budget year to construct this plant. In May, staff presented 5 options to the Council at a workshop along with the pros and eons of each. Council ranked the Bishop Field site as the first choice and directed staff to hold public meetings to educate and receive feedback from the local residents. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2010 The city had a public meeting on September 1 and invited residents whose property is adjacent to the site. Staff included their comments into the revised site plan. Ms. Richardson reviewed the modifications. This site is owned by the city. Staff recommended approval as it is technically and financially a better choice. The following spoke in opposition to the site: Ann Whitlock, 181 W. Desoto Street William Repine, 180 W. Desoto Street Andrea Simmons, 940 2 " Street, distributed a petition opposing the site location. Diana Carlton, 167 W. Desoto Street Barbara Tanny, 951 East Avenue Dan Hendricks Chase Forth, 939 W. Desoto Street Mr. Dempsey, 120 W. Desoto Street Danny Gonzalez, 127 W. Desoto Street Charles Forth, 939 W. Desoto Street Hope Lamb, 519 Mar Nan Mar Place Carlos Solis, 143 W. Montrose Street Tim Murry, 574 E. Desoto Street Charlene Forth, 939 W. Desoto Street Vernon Nyhuis, 170 W. Desoto Street Jean Scheres 181 W. Desoto Street Amy Gonzalezl 27 W Desoto Street Sue Sharpe, 677 East Avenue Mayor Turville closed the public hearing. The Council discussed tabling this item to look at other sites. Council Member Goodgame made a motion to send this whole idea of a water plant on the west side of the city back to the staff to find other locations other than this one for the plant; Mayor Turville passed the gavel to second the motion. Mayor Turville clarified the motion eliminated this site as a consideration. The motion passed 2 to 1 with Council Member Mullins opposing. Scope of Service Staff withdrew this item from the agenda based on the previous vote. Mayor Turville recessed the meeting at 9:14pm: the meeting was reconvened at 9:24pm. FDOT — Cure Plan Planning and Zoning Director Hitt presented the proposed cure plans for Walgreens located at the southeast corner of State Road 50 and Bloxam Avenue. The applicant and the Florida Department of Transportation (FOOT) have not agreed upon any conditions, therefore the applicant has submitted a proposed plan for Council consideration. 7 ' City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2010 Staff supported the landscape plan however did not support a reduction in parking spaces or the signage change. Staff recommended denial of the applicant's cure plan as provided. Applicant Eric Rahenkamp was present requesting Council approval. Mayor Turville opened the public hearing. Suzanne Driscoll, Council for Walgreens, reminded Council the purpose of the ordinance was to help avoid detriments occurring to property and business owners. That is the only signage Walgreens has on the property and asked to consider it a hardship to the business without signage. Mayor Turville closed the public hearing. • Council Member Goodgame moved to approve the plan which is future conditions proposed cure with the understanding that the Walgreens sign on the corner will be left as is and the Sears sign can stay the same but be lowered to look like a monument sign and one entrance into the shopping center off of Hwy. 50 and approve reduced parking spaces to 157; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". • FDOT — Cure Plan Planning and Zoning Director Hitt presented the staff report for the Bank of America Cure Plan. Staff recommended approval of the cure plan. Applicant Eric Rahenkamp was present requesting Council approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public . hearing. Council Member Goodgame moved to approve the Bank of America cure plan as presented by staff; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Ordinance No. 2010 -24 -M Introduction Mayor Turville read Ordinance 2010 -24M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting an Interlocal service boundary agreement between Lake County, the Town of Montverde, the City of Minneola, the City of Clermont and the Pine Island Community Development District. Providing for severability, conflict and effective date. Council Member Mullins moved to introduce Ordinance 2010 -24M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". 8 City of Clermont MINUTES REGULAR COUNCIL MEETING September 28, 2010 Ordinance No. 2010 -25 -M Introduction .Mayor Turville read Ordinance 2010 -25M aloud by title only. An Ordinance of the City of Council of the City of Clermont, Lake County, Florida, panting a Natural Gas Distribution Franchise to Lake Apopka Natural Gas District, providing for a ten -year term for the franchise and for other purposes connected with a franchise for the distribution and sale of natural gas within the City of Clermont. Council Member Mullins moved to introduce Ordinance 2010 -25M: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 10:05pm APPROVED: ,S role S. urville, Mayor ATTEST: • f Tracy Ackro d, City Clerk' v MrY4 �eT eS i. J': , °. .'• Y °,"SaTa rF " " �'�.: -: , i s ' . " � •4- " • r ' i ' 1, 9