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02-08-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2011 The Clermont City Council met in a regular meeting on Tuesday, February 8, 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 Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of January 25, 2011. Council Member Goodgame moved to approve the minutes of January 25, 2011 as written: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Cuqui Whitehead, 837 5 Street, welcomed the Boy Scout Troop in attendance. Tim Murry, 574 E. Desoto Street, suggested placement of sidewalks along Minnehaha Avenue and around Center Lake. Mayor Turville recognized Boy Scout Troop 86 in attendance to earn the communication and citizenship in the community merit badge. REPORTS City Manager Saunders tentatively scheduled a Council workshop to be held on Wednesday, February 16 at 7:OOpm. City Attorney Mantzaris — No Report Council Member Hogan — No Report Council Member Goodgame — No Report Council Member Mullins commented on attending the Chamber of Commerce Chairman's Gala. The Citizen of the Year was presented to Kim E. and Rod Jemison. 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. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2011 Item No. 1- Event Request Request from the Lake Beautyberry Chapter Florida Native Plant Society of the Florida Native Plant Society, for the City to waive fees for use of Jenkins Auditorium for one evening in February, March and April for a series of landscaping workshops. Item No. 2 - Agreement Approval Request authorization for the City to enter into an agreement with Designlab, Inc. to provide uniforms for various departments within the City. Item No. 3 - Grant Opportunity Request authorization to accept matching grant funds from the National Park Service's Land & Water Conservation Fund in the amount of $107,805 for the Inland Groves Property Park. Item No. 4 - Grant Opportunity Request authorization to apply for a grant from the Department of Environmental Protection, Land & Water Conservation Fund, in the amount of $200,000.00 for improvements to the Inland Groves Property Park. Item No. S - Waterfront Pavilion Request authorization to modify the bid awarded for the Waterfront Pavilion by accepting Additive Alternative 3, Courtyard Knee Wall, in the amount of $10,500.00. Council Member Goodgame moved to approve the consent agenda: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". NEW BUSINESS Item No. 6 — Variance Request Firestone Planning and Zoning Director Hitt presented the variance for Firestone to allow a second wall sign rather than one. He reviewed three (3) items with a negative finding. In accordance with the code requirements, staff must recommend denial of the variance request for a second wall sign. Ralph Luberda, District Manager and Ken Luzadder were present on behalf of Bridgestone. They requested approval of the additional wall sign and presented photographs of other buildings within the city. The store plans to open March 4 and will bring 14 new jobs for the area. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith, opposed setting a precedent. Mayor Turville closed the public hearing. Council Member Mullins and Council Member Goodgame expressed support. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2011 Council Member Mullins moved to grant the variance as requested; seconded by Council Member VanWagner. The motion passed with all members present voting "aye ". Item No. 7 — Variance Request Clermont Bicycles Planning and Zoning Director Hitt presented the variance request from Clermont Bicycles located at 1712 E. Highway 50. The applicant requested to install two bike racks (size 3 foot by 3 foot), one for outside displays and one for customers. The bike racks will be able to hold six bicycles each and will be angled to take up the least amount of lineal space in front. Only one will be for display bikes which are 25 percent of the store front. The sidewalk area in front is excessive and can hold the bike racks easily without inhibiting the pedestrian flow. Mr. Hitt reviewed one negative finding. In accordance with the code, staff recommended denial of the variance request for outside display using a bicycle rack. Applicant, Roberta Reale was present requesting approval of the request. She expressed a willingness to cooperate with the city. There will be no additional signage. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, supported the request. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval of the variance request; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Item No. 8 — Variance Request Coston Planner Henschel presented the variance request. The request is from Billy and Sharon Coston who resides at 3623 Fairfield Drive within the Kings Ridge subdivision. The request is to allow for one canopy tree on a single lot. He reviewed one negative fmding. In accordance with the code requirements, staff must recommend denial of the variance request. Applicant, Bill Coston, property owner, was present requesting approval. He requested removal of the tree without a replacement. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, inquired about replacing it with a smaller tree. Planner Henschel reviewed the code requirements. City Manager Saunders noted Council could require an ornamental tree rather than a canopy tree if they desire. Jim Purvis, 4206 Hammersmith Drive, supported the applicants request and expressed opposition to replacing the tree. He suggested a review of the entire tree ordinance. Mayor Turville closed the public hearing. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2011 Council Member Goodgame moved to allow the tree to be removed and not replaced; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 9 — Lien Forgiveness Planning and Zoning Director Hitt presented the request. The lien forgiveness request was last heard on October 26, 2010 at which time the City Council approved the forgiveness of the lien with a timeline for a 90 day completion. The new owner, Duane Bortnyik, has pulled the building permits and has been working on the building to bring it up to code. He is requesting an additional 45 days to complete the building. There is still $4,000 in escrow for this project. Staff recommended approval of the additional time to complete the rebuild. City Attorney Mantzaris clarified this item was approved where the current owner was acquiring the property at closing from the respondent that created the Code Enforcement issue. The fine was reduced to $1,000 to be paid at closing. $4,000 of the funds was placed in escrow to be held by the closing agent in the event the property owner did not bring the property into compliance timely. If the Council does not extend the 90 day period, that $4,000 will be paid to the city by the closing agent. The funds would be used to tear down the structure. Mr. Mantzaris suggested extending it to a specific date instead of 45 days. Owner Duane Bortnyik was present requesting the extension. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to extend to April 4; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 10 — JPA Map Amendment Planning and Zoning Director Hitt presented the amendment to the Joint Planning Interlocal Agreement with Lake County. The city has received an annexation application from Conserve II. It is approximately 2,800 acres and approximately 318 acres of it is outside of the Joint Planning Area (JPA). The JPA does have a requirement that the city cannot annex property outside the JPA without an amendment to the agreement. If approved, the amendment will be sent to Lake County for their processing. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to amend the Joint Planning Area map; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 8, 2011 Item No. 11 — Ordinance 2011 Introduction City Attorney Mantzaris suggested setting the final hearing date for March 22 and announce it at the next meeting. Mayor Turville noted if Ordinance 2011 -05 -M passes introduction, the final hearing will be held on March 22, 2011. Mayor Turville read Ordinance 2011 -05M 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. Council Member Mullins moved for the introduction of Ordinance 2011 -05M; seconded by Council Member Goodgame. The motion passed with all members present voting ADJOURN: With no further comments, this meeting was adjourned at 8:11pm. APPROVED: a o d S. Turville, Mayor ATTEST: , / Tracy Ackroyd, City Cler <f 5