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10-26-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 The Clermont City Council met in a regular meeting on Tuesday, October 26, 2010 in the Council Chambers at City Hall Mayor Turville called the meeting to order at 7 pm with the following present Council Members Mullins, Goodgame, 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 of October 12, 2010 Council Member Goodgame moved to approve the minutes of October 12, 2010 as written, seconded by Council Member Mullins. The motion passed with all members present voting "aye" PUBLIC COMMENTS There were no comments PROCLAMATION Mayor Turville read the proclamation aloud declaring November 2010 as National American Indian Heritage Month. REPORTS City Manager Saunders — No Report City Attorney Mantzaris — No Report Council Member Goodgame — No Report Council Member Mullins announced the Downtown Farmers Market and Halloween festivities will be held on Sunday, October 31 from 9 to 2.00pm. Council Member Thompson thanked the citizens of Clermont for the opportunity to serve as Council Member. He also expressed appreciation to staff and the City Council Council Member Goodgame thanked him for his service. Mayor Turville presented a plaque to Council Member Thompson in appreciation for his service from 2008 — 2010. City Manager Saunders thanked him for his service Mayor Turville reported items 6 through 11 have been collectively withdrawn. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 Item No. 6 - Ordinance No. 2018 -18 -M Final Hearing Item No. 7 - Ordinance No. 2010 -19 -M Final Hearing Item No. 8 - Ordinance No. 2010 -20 -M Final Hearing Item No. 9 - Ordinance No. 2010 -21 -M Final Hearing Item No. 10 - Ordinance No. 2010-22-M Final Hearing Item No. 11- Ordinance No. 2010 -23 -M Final Hearing Mayor Turville advised that item 20 has been requested to be tabled to a workshop for further discussion Item No. 20 — Lease Agreement Council Member Thompson encouraged the Council and staff to work with the chamber to come to an agreement. He expressed support for an agreement between the Chamber of Commerce and the City of Clermont Council Member Thompson moved to pull item number 20 until a workshop is scheduled; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 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— Event Request Request use of Waterfront Park (8 Street) to South Lake Marine Corp League host the Annual Veterans Day Program Thursday November 11 10 a m. to 1 p.m. Item No. 2 — Purchase Approval Request authonzation to piggyback the Lake Public Services Department County Contract with Petrotech Southeast, Inc. for the collection, recycling, and disposal of used oil items Item No. 3 — Surplus Equipment Request to surplus equipment from the Police Police Department Department Item No. 4 — Change Order Request approval of a Change Order from Engineering Department Young's Communication Company, Inc. in the amount of $15,045 00 for the Hooks Street & Excaliber Road Reclaimed Water Main Extension Item No. S — Agreement Approval Approval of Continuing Services Agreement with GatorSktch for professional services related to the Inland Groves property and approval of the First Task Authonzation Cuqui Whitehead requested to pull item 1 from the consent agenda. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 Council Member Goodgame moved to approve the consent agenda items 2 - 5; seconded by Council Member Mullins The motion passed with all members present voting "aye" Cuqui Whitehead, 837 5 Street, suggested placing a wreath at Veterans Park The Council agreed. Council Member Goodgame moved to place a wreath at Veterans Park at Crystal Lake; seconded by Council Member Mullins The motion passed with all members present voting "aye ". Council Member Goodgame moved to approve item 1 of the consent agenda, seconded by Council Member Thompson. The motion passed with all members present voting "a.L UNFINISHED BUSINESS Item No. 12 - Foreclosure — Church of our Lord Jesus Christ City Attorney Mantzans explained this item was previously brought before Council in August The Council authorized foreclosure however provided the respondent would be given an opportunity to work out a resolution to resolve the problem To date, staff has not received a response and requested Council to proceed with foreclosure. Council Member Goodgame stated Steve Smith with New Beginnings has asked for an additional 30 days. Paul Radtke, 1119 Windy Bluff Dnve, was present on behalf of Steve Smith. Mr. Smith is out of the country and asked for a postponement of foreclosure on the property for 90 days They are looking at restoring the property as a church. City Attorney Mantzans clarified the applicant is the City of Clermont and this does not require a public heanng. Council Member Goodgame moved to give them to the end of the year to include acquinng the property to 60 days; seconded by Council Member Mullins Under discussion, Council Member Mullins expressed concern with the 60 day motion due to the holidays City Manager Saunders suggested tabling until the first meeting in January. Council Member Goodgame withdrew his motion. Council Member Goodgame moved to extend this item to the first meeting in January, seconded by Council Member Mullins The motion passed with all members present voting "aye" NEW BUSINESS The next two items were heard together and voted on separately Item No. 13 - Resolution No. 2010 -23 Woodwinds 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 Mayor Turville read Resolution 2010 -23 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting a Conditional Use Permit to allow for a Planned Unit Development for a proposed 108 unit condominium development. Item No. 14 - Variance Request Woodwinds Pnncipal Planner Henschel presented the Conditional Use Permit and variance request for Woodwinds Condos. This is a 10 acre parcel off of south Grand Highway The request is to allow a multi- family residential Planned Unit Development at a density of 10.8 units per acre The applicant is proposing to build up to 108 upscale multi -story condos, including some with basement garages. This request was previously approved in August 2006 and September 2008. The developer did not begin construction within the required 2 years because of market conditions The first variance request is to allow for parking spaces to be 9 foot by 18 foot rather than the required 10 foot by 20 foot. The second request is to allow for a building height of 50 feet rather than 45 feet for the maximum finished height Staff recommended approval of the Conditional Use Permit and variances requested Charles Sharkus, Applicant, was present and available for questions He commented the purpose for the height of the building request is to accommodate the residential style roof line. Mayor Turville opened the public hearing There were no comments Mayor Turville closed the public heanng. Council Member Mullins moved for the adoption of Resolution 2010 -23, seconded by Council Member Goodgame. The motion passed with all members present voting "aye" Council Member Mullins moved to grant the variances requested in item 14, seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 15 — Resolution No. 2010 -24 Lost Lake Reserve Mayor Turville read Resolution 2010 -24 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting an amendment to a Conditional Use Permit (2010 -1) to correct the stated acreage of parcel C -1 from 20 77 acres to 14.73 acres. Pnncipal Planner Henschel presented the request to amend a Conditional Use Permit to correct the stated acreage of Parcel C 1 from 20 77 acres to 14.73 acres There was no land use changes requested. Parcel C was split into two parcels, and the resulting Parcel C1 was listed as 20 77 acres instead of 14.73 acres This was a mistake by their consultant and needs to be corrected officially within the Conditional Use Permit. Staff recommended approval Parcel C1 14 73 acres is to be donated to the Real Life Church and Parcel C2 16 41 acres is for the 192 unit apartments at 12 dwelling units per acre This is a minor change to the Development of Regional Impact/Notice of Proposed Change. Staff recommended approval Michael Dady, representing Maxcy Development, was present and available for questions. Mayor Turville opened the public heanng 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 Danny Fierestad, 2714 Eagle Lake Dnve, expressed concern with the request. Cuqui Whitehead, 837 5 Street, questioned the acreage change Mr Dady addressed the concerns of the site plan Richard Gapin, 2690 Eagle Lake Drive, expressed concern with the request. City Manager Saunders clarified the 16.41 shown on the original Conditional Use Permit will accommodate 192 units There is not a density issue with the acreage. The park land acreage was misstated by 4 acres The number of units is not in question. Council Member Goodgame inquired if everything Council agreed to in the March meeting would still be included City Manager Saunders confirmed that it would be. Mayor Turville closed the public heanng Council Member Thompson moved to approve; seconded by Council Member Goodgame The motion passed with all members present voting "aye ". The next two items were heard together and voted on separately. Item No. 16 — Resolution No. 2010 -25 Thrall Tech Mayor Turville read Resolution 2010 -25 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting a Conditional Use Permit to allow a multi -media sound recording and mixing studio with offices in an R -3 -A Residential/Professional Distnct Item No. 17— Variance Request Thrill Tech Principal Planner Henschel presented the request to allow a multi -media sound recording and mixing studio with offices in an R -3 -A Residential/Professional Distnct. The variance request is for three of the required parking spaces to be grass. Staff recommended approval of the Conditional Use Permit and the variance request. Brad Bublitz, BESH, was present on behalf of the applicant. The existing use has been using the three grass parking spaces and the proposed plan will utilize the same There will be an addition of one handicapped parking space to be designed and constructed in accordance with ADA requirements. Furthermore, there will be landscape improvements. Deon Young, Applicant, was present and available for questions. Mayor Turville opened the public heanng Jim Purvis, 4206 Hammersmith Dnve, suggested precluding the applicant in the Conditional Use Permit from complaining about interference from neighbors since the location is close to a Fire Station 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 Cuqui Whitehead, 837 5 Street, spoke in favor of the request. Mayor Turville closed the public heanng. Council Member Mullins moved adoption of Resolution 2010 -25; seconded by Council Member Goodgame The motion passed with all members present voting "aye ". Council Member Mullins moved granting of the variance request for item 17 grass parking, seconded by Council Member Goodgame The motion passed with all members present voting "aye ". The next two items were heard together and voted on separately. Item No. 18 — Resolution No. 2010 -26 TD Weaponry Mayor Turville read Resolution 2010 -26 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting a Conditional Use Permit to allow a gun range within the C -2 General Commercial District Item No. 19 — Variance Request TD Weaponry Principal Planner Henschel presented the Conditional Use Permit request to allow a Gun Range within the C -2 General Commercial District and a variance request for an interior wall to exceed the six foot height limit Staff recommended denial of the indoor gun range at this location and the variance request. Applicant, David Heck, was present requesting approval of the Gun Range Dennis, Engineer for the project, reviewed the construction of the proposed building Mr Heck submitted a petition in favor of a gun range with 480 signatures. Mayor Turville opened the public heanng. The following spoke in support of the request: Mike Campbell, 2181 Caledonian; Dr Dennis Bourguignon, 659 W "Juniata Street; Joe Tamanelli, 3540 Chapel Hill Blvd, Jerry Pyle, 148 Country Lakes Circle, Jason Moose, 205 Pima Trail; Bill Siegenthaler, 1005 W Montrose Street, Willis Lomax, 7401 S R 33, Karen Creasy, 1650 Drew Avenue, Tod Howard 1674 Bowman Street, David Atkins, 10851 Todd Road; Kasten Kalwara, 16709 Rockwell Heights Lane; Mike Glantz, 4191 Capland Avenue; Scott Grubbs, 542 Summerwood Drive, Alvaro Delugo, 3907 Seabndge Drive, Orlando, Carlos Garrandes, 3793 Glenford Dnve; Jim Krakowski, 9824 Spring Lake Drive; William Barrow, 7909 Lake Nellie Road; Georgia Ormsby, 205 Pima Trail, Terry and Ron Lombard, 10417 Lago Louisa Court; Dale Mack, 13116 Summer Lake Way; Walter Kmckman, 204 Nautica Mile Drive; David and Judith Rosean, 10306 Cypress Cover Lane; Larry Knox, 15840 Hwy 50; David Helton, 11001 Arrowtree Blvd, Wally Herda, 1109 Hampton Street, David Boon, 11841 Graces Way, Bobby Banc, 1290 North Ridge Blvd; Dennis Rubey, 11753 Oswalt Road, Katie Kenny, 538 Willow Way, Winter Spnngs; and Gail Boettger, 11451 Valley View Drive 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 The following expressed opposition to the location of the request: Cuqui Whitehead, 837 5 Street, Fred Magee, 711 E. Montrose Street, Edward Shelton, 722 E. Desoto Street; Devon Cole, 491 E. Osceola Street, Elliott Thomson, 724 E. Desoto Street; Hubert Harris, 568 W Hwy 50, Annie Lewis, 615 Bloxam Avenue; Aurelia Cole, 491 E Osceola Street; and Mary Hudson, 309 Bloxam Avenue; Dorothy McGnff, 933 Scott Street; Betty Shelton, 722 E Desoto Street; Rod Chetler, 14807 Yellow Pine Lane; and Tim Murry, 574 E. Desoto Street. Jim Purvis, 4206 Hammersmith Drive, stated the issue is about land use Mayor Turville closed the public heanng Council Member Mullins supported the request. Council Member Goodgame expressed support excluding assault weapons being sold or fired within the city limits. Mayor Turville expressed opposition to the request stating this is not a permitted use and not a good location for this facility. 'Council Member Thompson supported the request. City Attorney Mantzans reviewed the four (4) parts of the code that has to be met pnor to the Council granting a Conditional Use Permit. City Manager Saunders clarified the property adjacent to the west is residential not commercial Council Member Goodgame moved for approval of the gun range at this location with the restrictions that no assault weapons be discharged at the facility at anytime; seconded by Council Member Mullins. City Attorney Mantzaris expressed concern with the condition as stated Council Member Mullins requested a definition of an assault weapon Mr. Heck stated military full automatic weapons will not be in the gun range Council Member Goodgame amended his motion to change the wording to automatic weapons, seconded by Council Member Mullins The motion passed 3 to lwith Mayor Turville opposint. Mayor Turville recessed the meeting at 10 The meeting reconvened at 10:47pm Council Member Goodgame moved to grant the variance for TD Weaponry; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 7 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 Item No. 21— Lien Forgiveness City Attorney Mantzans reported on the property located at 847 Disston Avenue that has liens on it in excess of $58,000 related to three code enforcement cases. A proposed resolution to the lien includes paying the city $1,000 at closing and $4,000 will be held in escrow by the closing agent. At that time, the city would release all existing liens on the property. Then, the new owner would take control of the property and bring into full compliance within 30 days of the closing If the owner fails to bring the property into compliance within 30 days after closing, the $4,000 in escrow would be provided to the city. The agreement would also include a provision if the property is not brought into compliance within 30 days after the closing, the city can tear down the structure Duane Bortnyic, prospective buyer of the property, was present He reviewed his plans for the structure. The closing is scheduled for tomorrow. City Attorney Mantzaris stated the permitting process will take longer since the prospective buyer is considering rebuilding the structure instead of demolition Council Member Thompson agreed to extend it to 90 days Mayor Turville opened the public heanng. Jim Purvis, 4206 Hammersmith Smith, expressed concern with the 30 day timeframe Mayor Turville closed the public heanng. Council Member Thompson moved to approve item 21 hen forgiveness for 847 Disston Avenue as presented by the City Attorney instead of 30 days with a 90 day completion: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 22 — JPA Review City Manager Saunders presented the Toyota of Clermont request to eliminate the required frontage road The city approved the utility agreement with the site plan The onginal site plan had a frontage road requirement to connect Toyota to the Plaza Colima project Lake County is ready to move forward to return to the County Commission for approval of an amended plan Jay Doucet, Spring Engineering, was present and available for questions Mayor Turville opened the public heanng Cuqui Whitehead asked for clanfication on the road elimination. City Manager Saunders stated the request is to not have a connection from Tiny Morse Blvd. to Plaza Collura Assistant City Manager Gray noted they will still be required to pay the proportionate fair share Mayor Turville closed the public heanng. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING October 26, 2010 Council Member Thompson moved to recommend approval to the County Commission, seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 23 — Ordinance No. 2010 -26 -M Introduction Mayor Turville read Ordinance 2010 -26 -M aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Waste Works, providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont Council Member Mullins moved to introduce Ordinance 2010 -26 -M; seconded by Council Member Thompson The motion passed with all members present voting "aye" .: ADJOURN: With no further comments, this meeting was adjourned at 11 1 1pm n , (, APPROVED: y a �it!i `� /LL_ r ift } , d S Turville, Mayor ATTEST: / Tracy Ackroyd, City Cl:' 9 N CO N O • N In 01 01 00 D3 O 00 00 00 r-I N m N l0 N L0 l0 00 01 O x-i O co co Ct r � 1 M L L)'1 Ln Ln al Ol N M N C - Ln in N 1)'1 J l0 N () ri X LID l0 0 cr Cr 0 t0 n l0 N CO N. 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