Loading...
01-25-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2011 The Clermont City Council met in a regular meeting on Tuesday, January 25, 2011 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 VanWagner. Other City officials present were: City Manager Saunders, City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of January 11, 2011. Council Member Goodgame moved to approve the minutes of January 11, 2011 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, reminded Council of the need for an early warning system. He inquired about Lake County's initiative to include all cities in an early warning system. City Manager Saunders explained staff presented the early warring information to Council and decided not to move forward due to Lake County's plans to enhance their system. Staff will contact Lake County about the status of their plans. Cuqui Whitehead, 837 5th Street, expressed appreciation to Fire Chief Bishop for the patches he gave her to recognize a retiring family member. PROCLAMATION Doris Bloodsworth, Author of Images of America: Clermont, read the proclamation aloud declaring February as Clermont Reads History Month. REPORTS City Manager Saunders requested Council approval of a position title change from Assistant City Manager to Assistant to the City Manager. The primary change would be to not have direct supervisory responsibility. Council Member Goodgame moved to allow Mr. Saunders to change the Assistant City Manager position to Assistant to the City Manager; seconded by Council Member Mullins. Mayor Turville opened the public hearing. Jim Purvis expressed concern with the position title change. Cuqui Whitehead supported the recommendation by City Manager Saunders. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2011 Under discussion, Mayor Turville asked if there is any interest in placing on an agenda. Council Member Mullins noted it is the responsibility of the City Manager to run the city. The motion passed 5 to 0 with all members present voting "aye ". City Attorney Mantzaris — No Report Council Member Hogan — No Report Council Member Goodgame requested the City Manager contact Lake County regarding red lights at State Road 50. Also, he asked the City Attorney to review an ordinance recently passed by the Orlando City Council regarding pain clinics. Council Member Goodgame expressed interest in serving as Mayor Pro Tem. Council Member Goodgame moved to elect Ray Goodgame as Mayor Pro Tem: seconded by Council Member VanWagner. Mayor Turville opened the public hearing. Cuqui Whitehead expressed support for Council Member Mullins to remain the Mayor Pro Tem. Jim Purvis expressed support for Council Member Goodgame as Mayor Pro Tem. Mayor Turville closed the public hearing. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing. Council Member Mullins — No Report Council Member Van Wagner - 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.1 — Event Request Clermont Girls Softball League Request use of Hancock Park Softball Fields 1 -5 February 19 & 20, to host a NSA Softball Tournament and request fees be waived for this event Item No. 2 — Event Request Request use of Waterfront Park, Pavilion and Parking area (formerly Bell Ceramics) for the 13 Annual Pig on the Pond event 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2011 Item No. 3 — Surplus Equipment Request to surplus office machines and list on Administrative Services GovDeals Public Online Auction Item No. 4 — Bid Award Request authorization to award Boykin Engineering Department Construction Inc. the bid to provide Bowman Street improvements City Manager Saunders pulled item 4 for discussion. Council Member Hogan moved to approve the consent agenda items 1, 2 and 3; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Manager Saunders noted City Engineer Richardson provided a memorandum with additional information regarding this request for the drainage project funding. This project is proposing to be funded from different funds. He proposed one change to reallocate $45,000 from the Transportation Fund to the Stormwater Fund to not affect the General Fund. Mr. Saunders asked for Council approval. Council Member Goodgame moved for approval; seconded by Council Member Van Wagner. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Mayor Turville advised that the next two ordinances would be heard together and voted on separately. Item No. S - Ordinance No. 2011 02MFinal Hearing Mayor Turville read Ordinance 2011 -02M aloud by title only. An Ordinance 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. 2011 - 03M Final Hearing Mayor Turville read Ordinance 2011 -03M 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 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; providing a severability clause; and providing an effective date. Barbara Hollerand, Planner, reported the requests for the Bentley Commons property. The vacant 9.06 - acre property is located at 13450 Paloma Road, south of Hooks Street, east of Citrus Tower Boulevard, west of Excalibur Road. The owner is Bentley Commons - Clermont, LLC. The applicant is Aspen Senior Living, LLC, represented by attorney Tyler Van Voorhees of Reed & Archer. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2011 The request is for annexation and for a small -scale comprehensive plan amendment to change the Future Land Use from Lake County Urban to Residential/Office in the City. The property currently has Community Facilities District zoning in Lake County. To the east of the subject property is the 17 -acre Bosserman property, which was annexed last February and granted the identical future land use change from Lake County Urban to Residential/Office in the City. To the south of the property is East Ridge Middle School. To its west are two vacant properties in Lake County with Urban future land use and R -6 Residential zoning. To the north of the property is a vacant parcel in the county with Agricultural Residential zoning and urban future land use. The site will be accessible by Hooks Street. A traffic signal at Hooks Street and Citrus Tower Boulevard is approximately 600 feet west of the property. Although development plans are not finalized, the owner previously presented plans for Joint Planning Area review that proposed an assisted living facility on the property. At this time, a request for rezoning has not been made. Upon annexation, the property will receive the default zoning of Urban Estate. The property is within the City's Joint Planning Area and is contiguous to the City on its eastern side. Annexations of infill properties are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council in July 2010 approved the identical future land use change for the adjacent Bosserman property to the east. Upon annexation, it is appropriate to assign this property a Residential /Office future land use in the City. The Planning and Zoning Commission unanimously recommended approval of the small -scale comprehensive plan amendment request. Staff recommended approval of the annexation and approval of the Future Land Use Map change. Tyler Van Voorhees, Esq., Reed & Archer, LLC, agreed with staffs report and was available for questions. He addressed a few outstanding issues. The county and state requires an impact assessment from Lake County public schools, however there will be no foreseeable impact as the preliminary site plan is the development of a senior living facility as discussed between the applicant and the city. Also, the only other outstanding issue would be a change in the default zoning from Urban Estate to Office Residential to one of the zoning districts. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, inquired about the school assessment. City Attorney Mantzaris stated the intended use of this property will not have an impact on the school system. If it changes from the intended use, it will have to go through the school board process. Mr. Van Voorhees clarified he is not suggesting to be legally exempted from any reviews by Lake County Public Schools in the event the development does have a palpable impact; if it were to take place an impact study would be required. As it stands right now, he believes it is not an issue. Mayor Turville closed the public hearing. Council Member Goodgame moved for the adoption of Ordinance 2011 -02M; seconded by Council Member Mullins. The motion passed on a roll call vote 5 to 0. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2011 Council Member Goodgame moved for the adoption of Ordinance 2011 -03M; seconded by Council Member Mullins. The motion passed on a roll call vote 5 to 0. Item No. 7 — Ordinance No. 2011 -04M Final Hearing Mayor Turville read Ordinance 2011 -04M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant to Section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the county -wide Municipal Service Taxing Unit for the provision of ambulance and emergency medical services, as adopted by the Board of County Commissioners of Lake County, Florida; providing for the City to be included within said Municipal Service Taxing Unit for a specified term of years; providing for severability, an effective date, and publication. City Manager Saunders commented this ordinance is brought to Council for approval annually. Lake County established a County Wide Municipal Service Taxing Unit to provide funding for ambulance and emergency medical services. He requested Council approve the renewal this year and move forward. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for the adoption of Ordinance 2011 -04M; seconded by Council Member Goodgame. The motion passed on a roll call vote 5 to 0. NEW BUSINESS Item No. 8 - FDOT Cure Plan Pittman Jewelers Planning Director Hitt presented the cure plan for 675 E. Highway 50.The current site no longer conforms to the Land Development Code in numerous areas. Primary areas of concern include parking, monument sign and landscaping. This is a single use site. The affected area involves a parking lot location change, new landscape buffers and island, and a new conforming sign. Staff recommended approval of the applicant's cure plan. Dennis Wells was present on behalf of John Rocker, owner of the property. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, questioned the green space. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval of the Pittman Jewelers Cure Plan; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2011 Item No. 9 — Resolution No. 2011 - 02 Clermont Hillside Terrace Mayor Turville read Resolution 2011 -02 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit (Res. No.1472) to remove a parcel from the Conditional Use Permit and clarify language for uses to include retail, professional and medical offices, personal services, lounge, financial institution and restaurant uses. Planning Director Hitt presented the request for a Conditional Use Permit (CUP) amendment located at 2400 S. U.S. Highway 27. Staff recommended approval of the request to amend the CUP by removing Parcel C from the CUP along with tree inch payment requirements and remaining CUP requirements as applicable. The applicant was not able to attend the meeting and requested to table if there were any major changes. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, expressed concern with Conditional Use Permits being approved without code board compliance. He suggested Council consider a better method to enforce the intent with the code violation laws passed. Mayor Turville suggested placing that discussion on a workshop agenda. Council Member Goodgame commented he continually notices Conditional Use Permit violations at Kings Ridge. City Manager Saunders noted he and City Attorney Mantzaris will determine a resolution to bring forward. City Manager Saunders proposed a language change to Section 3 Landscaping to include changing the word "shall" to "may ". The additional proposed language would read - In the event the City Manager is unsuccessful in negotiating an acceptable payment plan within a reasonable time frame, the Conditional Use Permit shall be brought back to the Council for amendment or radification. Mayor Turville expressed concern with access to property with individuals to the east. City Manager Saunders noted the only issue that may arise in the future is if the current owners to the east decide to sell their parcel then we would have a parcel with no legal access to any road frontage. There would have to be an agreement in place for cross access in order to enter that parcel. City Manager Saunders suggested tabling and recommended placing a condition that the adjoining property owner provides legal access and staff will meet with the applicant. Council Member Goodgame moved to table Resolution 2011 -02 Clermont Hillside Terrace to the second meeting in February: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 6 City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2011 Item No. 10 — Utility Service Area Agreement Toyota Planning Director Hitt presented the Joint Planning Area agreement request to amend a water and wastewater agreement. He reviewed the modifications. Staff recommended approval. 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 Utility Service agreement with Toyota; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 12 — Council and Mayor Appointments City Manager Saunders informed Council the Planning and Zoning Commission has four terms expiring. There are three requesting reappointment and one vacancy. Staff received one appointment request from William Henning. Council Member Goodgame moved to appoint William Henning to the Planning and Zoning Commission and to reappoint Bernadette Dubuss, Cuqui Whitehead and Robert Boyatt; seconded by Council Member Van Wagner. The motion passed with all members present voting "aye ". City Manager Saunders informed Council the Code Enforcement Board has three terms expiring and one vacant unexpired term to 2013. The current members are requesting reappointment. The city did not have any responses for appointments. Staff could re- advertise and return to council. Council Member Hogan moved approval of the three requesting reappointment — Al Mannella, Jim Purvis and Ed Carver; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Mayor Turville requested staff re- advertise to fill the vacancy. Pension Boards Police Officer Pension Board — Chuck Broadway Firefighter Pension Board — Paul Anderson Council Member Mullins moved to adopt staffs position; seconded by Council Member Van Wagner. The motion passed with all members present voting "aye ". South Lake Chamber Council Member Goodgame moved to appoint Council Member Mullins; seconded by Council Member Van Wagner. The motion passed with all members present voting "aye League of Cities Council agreed to keep Council Member Mullins as the liaison. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 25, 2011 St. Johns River Water Management District Council agreed to keep Mayor Turville as the liaison. Lake Community Action Agency Currently, Lester Cole serves as the Mayor's designee however he is no longer able to serve. City Manager Saunders noted this is a designation the Mayor can make without Council approval. Mayor Turville asked staff to contact Willie Montgomery to see if he would be interested. Item No. 13 — Planning and Zoning Commission Request City Manager Saunders noted the Planning and Zoning Commission has requested changing the meeting time from 7pm to 6pm. This change would require Council approval by ordinance. Cuqui Whitehead spoke in favor of the time change. Mayor Turville expressed concern with changing the meeting time. Jim Purvis opposed the time change request. City Manager Saunders clarified staffs schedules are adjusted to not incur overtime cost. Council Member Mullins prefers consistency of 7pm for all meetings. Council agreed to keep the same meeting time. ADJOURN: With no further comments, this meeting was adjourned at 8:28pm. APPROVED: 410, arold S. Turville, Mayor ATTEST- / Tracy Ackroyd, City Clerk IF 8 Office Machines Surplus City Hall Equipment Qty: Serial Number Canon IR3300 Copier, ID- 10974269 [Recreation] 1 MPH56175 HP Laser Jet 1 CNUP54042 Xerox Phaser 6120 Color Laser [Recreation] 1 NO SERIAL Ricoh Aficio SPC 221SF MFD [Lake County Fire] 1 BBPFAO1B07009 Samsung ML 3051N [Recreation] 1 3R61BKBP117671K Canon IR5000 Color Copier, ID- 10973999 [P &Z] 1 NRL05483 Dell 2335dn MFD [Utility Billing] 1 80X4FG1 Samsung ML 2152W [P &Z] 1 B1BWC00293B HP LaserJet 5 1 JPH056912 HP LaserJet 4050 1 USBG01359 Canon IR3300 Copier, ID- 10956088 [Admin. Svcs.] 1 MPH49551 Samsung ML 3051N Laser [Admin. Svcs.] 1 3R61BKBP117675P Samsung ML 3051N Laser [City Clerk] 1 B1AL401602V Samsung ML 3051N Laser [City Clerk] 1 3R61B1AL500523 Samsung ML 2152W Laser [City Clerk] 1 B1BWC00195D Canon IR3300 Copier, ID- 10973954 [City Clerk] 1 MPH30796 Samsung ML 32152W [Engineering] 1 B1BWC00199E HP LaserJet 4000N 1 USMB300017 Canon IRC3200 Copier, ID- 10956071 [Engineering] 1 MSK04017 HP LaserJet 4 plus 1 JPFF032850 Samsung ML 3051N Laser [Engineering] 1 3R61BKBP120656R HP LaserJet 4000 1 USRB031905 Canon IR3570 Copier, ID- 10956075 [City Mgr.] 1 MPH48864 HP LaserJet 5 1 USLC005464 Canon 1113300 Copier, ID- 10956074 [Admin. Svcs.] 1 SKV66502 Ricoh Aficio SPC 221SF MFD [ Admin. Svcs.] 1 BBPFAO1B07009 City Hall Machines 26 Public Services Department Equipment Qty: Serial Number Samsung ML -2152W Laser 1 B1AY2000108 Canon 330s Copier, ID- 10973988 1 NQ136855 Epson 1200u Scanner 1 BZPX101471 Xerox Phaser 6120 Color Laser 1 NO SERIAL HP DeskJet 5850 1 MY3740N2A5 HP DeskJet 5550 1 MY26E1K3MR HP DeskJet 960c 1 MY2261C2F9 Samsung ML 3051N Laser 1 3R61BKBP117659W HP PSC 1210V 1 MY3A1FB07C Brother Intellifax 1270e 1 U60302J7K699911 Public Services Dept Machines 10 Fire Department Equipment Qty: Serial Number Fire Station 1 HP DeskJet 932C 1 MY065151GD Brother Super g3 Fax 1 U61588J7F432962 Canon 2270 Copier, ID- 10974458 1 KGJ92163 HP DeskJet 3650 1 TH45J163K3 Samsung ML -2152W Laser 1 B1DW600601H HP PSC2410 Laser 1 MY41KJ24HB Ricoh SPC211 SF MFD 1 BBPFAO1B07009 Xerox Phaser 6120 Color Laser 1 NO SERIAL Canon C3220 Copier, ID -4675 1 JNC11631 Ricoh 220 Copier, ID- 10973962 1 H240701790 Xerox Phaser 3300 MFD 1 NRB057797 Fire Dept Machines 11 Utilities Department Equipment Qty: Serial Number Admin. Building Xerox 6180 MFP Color 1 Ricoh AF3035 Copier, ID- 10984484 1 K9365702143 HP 3000DN Color Laser 1 CNYC501485 HP DeskJet 5550 1 MY2921N0Y9 Dell Laser Printer 1 52BG8D1 HP DeskJet 960c 1 MY1BT1D1N2 HP DeskJet 990cxi 1 HP DeskJet 932c 1 CNOABIS14Z Utilities Dept Machines 8 Police Department Equipment Qty: Serial Number Canon IR3300 Copier, ID- 10956024 1 MPH27943 Ricoh Aficio SPC 231SF MFD 1 BBPFAO1B07009 Samsung ML -2152W 1 B1BWC00218F HP DeskJet 5550 1 MY45T4P084 HP DeskJet 6122 1 MY270193KK HP DeskJet 5550 Color 1 MY28Q1K1RS Xerox Phaser 6128 MFP 1 RCX11698 Xerox Phaser 6120 Color Laser 1 NO SERIAL Canon 2020 Copier, ID- 10956095 1 KRR04323 Samsung ML3051N Laser 1 3R61B1AL500345V Canon Pixma ip1600 1 FCWD62238 Police Dept Machines 11 (I TOTAL SURPLUS EQUIPMENT 66