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03-22-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 The Clermont City Council met in a regular meetmg on Tuesday, March 22, 2011 in the Council Chambers at City Hall Mayor Turville called the meeting to order at 7:03 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and VanWagner Other City officials present were: City Manager Saunders, City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance MINUTES Council meeting minutes of Februaiy 22, 2011 Council Member Goodgame moved acceptance of the minutes of February 22, 2011; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Richard Bisaillon, 960 Johnson Dnve, was present on behalf of the Clermont FC Soccer Club formerly known as South Lake Soccer Club. He expressed interest in seeking improvements and maintenance of the soccer field at Hancock Park. The soccer club has collected funds and is willing to donate those funds to the appropriate person. City Manager Saunders asked him to contact Recreation Manager Dave Teske. REPORTS City Manager Saunders reported on attending the Lake County Board of County Commission meeting last week The County Commission did approve the expansion to the Joint Planning Area boundanes originally requested by the City Council. They also approved the agreement with the Department of Transportation for the funding of the segment of Hooks Street between Grand Highway and Lowe's. Mr. Saunders reported on the opening of the Waterfront Park swim area. He asked if Council is interested in opening on the weekends pnor to Memorial Day. The Council agreed to open the swim area earlier. Furthermore, City Manager Saunders reported the Lake County Sheriff's office went live on Monday with providing dispatch for the city. The conversion went well The Council discussed scheduling the next workshop on Apnl 6 to present the schematic design for Jenkins Replacement and the expansion of the Police Department. Mayor Turville was uncertain with the date and will contact staff to confirm City Attorney Mantzans — No Report Council Member Hogan — No Report Council Member Goodgame reported on attending the West Orange /South Lake Transportation Task Force meeting. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 The two Lake County projects discussed were the Lake Orange Parkway through the Consery II property and the Orange Blossom Train that will run from Orlando to Mount Dora and Tavares. Also, Mr Goodgame announced the Boy Scout Dinner will be held at 6:OOpm on Thursday at Mission Inn. Furthermore, Council Member Goodgame reported on a food challenge between Wal -Mart and the Community Foundation food providers Council Member Van Wagner took the lead in this initiative and received the Outstanding Citizen of Central Florida Award from Channel 13. This will lead into a summer program to feed the hungry Council Member Van Wagner commented on contacting the Lake County schools and it was determined that more than 3,000 kids in south Lake County are not eating when school is out. There were more than 3,500 bags of food delivered to help feed the kids during the 9 day penod of time they were out of school. There is an ongoing need beyond spnng break and funds are being raised to help with this initiative. Council Member Mullins reported on the recent League of Cities meeting Mr. Miller from Progress Energy was the guest speaker. Progress Energy is going through a merger with Duke Energy. The League of Cites is concerned with the water supply and the way St. Johns River Water Management Distnct treats the municipalities Also, Mr. Mullins reported on the six month review of the Lake County one percent sales tax. The committee reviews how the 14 cities, Lake County, and the School board spend the one percent sales tax for fiscal year ending September 30. They will be making a full report to the Lake County Board of County Commissioners next month. Mayor Turville commented on the success of this year's Pig on the Pond event 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 waiver of all fees for use of Waterfront Park and Pavilion for Martin Luther King Day Observance on Monday January 16, 2012, and for the City to provide traffic control and security at no cost Item No. 2 - Event Request Request use of Waterfront Park and Pavilion for nine Triathlon events, with reduced fees for 7 events, all fees waived for one event, and Police liaison to oversee event route and traffic control Item No. 3 - Surplus Equipment Request authorization to surplus and list for Public Services Department auction equipment from Public Services Item No. 4 - Kone Inc. — Continuing Contract Request approval of the rate increase of Public Services Department 5.63% from Kone Inc for maintenance of the City Hall elevator Item No. 5 — Bid Award Request authorization to award Allstate Paving Inc. the bid for street resurfacing in the amount of $252,495 2 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 Item No. 6 — Contract Extension Request to renew contract with Shelly's Utilities Department Environmental Systems for the removal, treatment and disposal of No-solids Item No. 7 — Bid Award Request authonzation to award Ace Pump & Utilities Department Wells Inc. the bid for Lake Felter Irrigation Wells (2 - 4" wells) in the in the amount of $12,000 Item No. 8 — Grant Opportunity Request authonzation to apply for the Fire Department Firehouse Subs Public Safety Foundation Grant in the amount of $7,889.79 for funding of the Bullex Intelligent Training Systems Live Fire Extinguisher Training Simulator Item No. 9 - Grant Opportunity Request authorization to apply for the PP tY q PP Y Fire Department Firefighter Chantable Foundation Grant m the amount of $2500 to fund panting of matenals for Public Education Programs Item No. 10 - Grant Opportunity Request authonzation to apply for the Fire Department Fireman's Fund Hentage Grant in the amount of $21,075 for three (3) Thermal Imaging Cameras with chargers Item No. 11- Grant Opportunity Request authonzation to accept funds from Fire Department the Assistance to Firefighter Grant in the amount of $94,208 for protective clothing Item No. 12 — Task Order #2 Request approval of Task #2 in the amount of $16,980 for GatorSktch/ Mitigation Resources to perform wetland delineation and permitting for wetland restoration for Inland Groves park property Wally Herda requested to pull item number 5 from the consent agenda Council Member Goodgame moved to approve items 1 through 4 and 6 through 12 of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 5 — Wally Herda questioned whether the city has a warranty on resurfacing the roadways. City Manager Saunders stated there is typically not a warranty on paving. It is based on whether it meets the city's specifications. City Engineer Richardson commented the city has a thorough inspection process. Jim Purvis, 4206 Hammersmith Dnve, suggested the city re- address the specifications 3 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 Council Member Mullins noted this is not a rebuild of a road, it will be a top coat. Council Member Goodgame moved to approve item 5 of the consent agenda, seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Mayor Turville announced item 14 has been requested to be tabled and items numbered 15 and 16 have been withdrawn. Council Member Goodgame moved to table item 14 the annexation agreement with Consery II to May 24 seconded by Council Member Mullins The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Item No. 13 — Ordinance No. 2011 -06 -M Final Hearing Mayor Turville read Ordinance No. 2011 -06M aloud by title only. An Ordinance under the Code of Ordmances of the City of Clermont, Lake County, Flonda amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289 -C, Code of Ordinances, rezoning the real properties descnbed herein as shown below, providing for severability, effective date, and publication. Planning and Zoning Director Hitt presented the rezoning request for the Clermont Executive Center located at 481 E Highway 50. This site is covered under one alternate key number and will consolidate the north half (currently C -2) with the southern half (currently R -2) to being all C -2. The Future Land Use is Commercial for the whole parcel. The subject property is an office building previously occupied by a bank. The site is well served by the transportation network with access to three streets. Staff recommended approval of the rezoning request. The Planning and Zoning Board voted unanimously to recommend approval. Robert Thompson, applicant, commented his goal is to divide the property into three separate parcels. He would like to build a small medical office building or retail to compliment the surrounding property Mayor Turville opened the public hearing. Shern Brady, 1319 Anderson Street, expressed opposition to the request. She questioned the notification process and requested the Council consider tabling to give the neighborhood an opportunity to speak on the issue Jim Purvis, 4206 Hammersmith Dnve, suggested a buffer to separate business and residential. Mayor Turville closed the public heanng Mayor Turville questioned staff regarding notification Planning and Zoning Director Hitt explained staff notified all surrounding property owners and across the street. Signs were also posted on the property. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 Mayor Turville questioned the separation in the middle of the parcel. Planning and Zoning Director Hitt expressed uncertainly of the separation in the parcel Staff will be making corrections to other areas with similar issues as the city develops City Manager Saunders stated at one time the planning technique was to break zoning at the rear property lines. The trend now is to break property lines with a road. The area proposed for rezoning is designated as commercial in the city's comprehensive plan and designated as commercial in the Future Land Use Map for 15 years or more The zoning has never been corrected. Council Member Hogan moved to approve; seconded by Council Member Mullins. Under discussion, Council Member Mullins noted when the Conditional Use Permit (CUP) comes before the Council, at that time the Council can control the appearance of the building during that process. The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No. 15 — Conditional Use Permit Amendment — Race Trac (withdrawn) Item No. 16 — Conditional Use Permit Amendment — Clermont Regional Shopping Center (withdrawn) Item No. 17— Resolution No. 2011 -06 Living Message Church Mayor Turville read Resolution No. 2011 -06 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 church facility in the C -2 General Commercial Zoning District. Planner Henschel presented the request for a CUP to operate a house of worship in the C -2 zoning distnct Staff recommended approval The Planning and Zoning Board voted unanimously to recommend approval. Applicant Brian Broadway was present Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public heanng. Council Member Goodgame moved to approve Resolution 2011 -06; seconded by Council Member Mullins Mayor Turville asked staff if language is included that alerts the church to the rules associated with proximity to bars. Staff noted the language is not within the Conditional Use Permit. City Manager Saunders stated the language could be added The suggested language is — Should a new business that sells alcoholic beverages for onsite consumption wish to locate within 500 feet of the church, the church would not contest a variance application to allow said use within 500 feet of the church. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 Mayor Turville noted this language is typical language associated with a church operating outside of a church environment. It is put in place to maintain the integrity of the zone itself. It would be a condition. The applicant is okay with the amendment. Council Member Goodgame moved to amend the language to include the language read by City Manager Saunders; seconded by Council Member Mullins The motion passed with all members present "aye ". Item No. 18 — Resolution No. 2011 -07 Engage Church & Ministries Mayor Turville read Resolution No. 2011 -06 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 church facility in the CBD, Central Business District Planner Henschel reported on the request to operate a house of worship in the CBD zoning distnct. The proposed location is the former library in downtown Clermont with 5,700 square feet The church intends for this to be a temporary location and will be looking to move to a larger building within two years. Staff recommended approval. The Planning and Zoning Board voted unanimously to recommend approval. Applicant Richard Cavendar was present to request Council approval Mayor Turville opened the public hearing. There were no comments. Mayor Turville read a letter aloud from Becker Funeral Home The letter expressed support for the request and offered use of their parking lot if additional parking is needed. Council Member Goodgame moved to approve Resolution 2011 -07 noting the present sign will be removed and replaced with a sign conforming to the city ordinance; seconded by Council Member Mullins. Council Member Mullins noted we would like the building to return to retail in the future. City Manager Saunders stated there is no time limitation in the CUP Mayor Turville expressed concern with placing a condition in the CUP regarding a sign. City Attorney Mantzaris stated the code specifically addresses the sign and is not necessary to address it in the Conditional Use Permit. This would give the applicant the opportunity to seek a vanance at a later date. Council Member Mullins prefers the sign to be a separate issue. Council Member Mullins withdrew the second to the motion. Council Member Mullins moved to adopt Resolution 2011 -07 with a 30 month expiration date; seconded by Council Member Van Wagner The motion passed with all members present voting "aye ". 6 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 Item No. 19 — FDOT Cure Plan — McDonald's Planning and Zoning Director Hitt presented the cure plan for McDonald's Staff recommended approval of the applicant's cure plan. Applicant Steve Tabano was present. Mayor Turville opened the public heanng. Cuqui Whitehead, 837 5` Street, questioned whether customers could exit McDonald's onto Highway 50. City Manager Saunders confirmed that has not changed. Jim Purvis, 4206 Hammersmith Dnve, inquired if the cure plan related to the occupant or property in the event that McDonald's relocates City Attorney Mantzaris explained the cure plan goes with the property. Mayor Turville closed the public heanng. Council Member Goodgame moved for approval of the Cure Plan for McDonald's; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 20 — FDOT Cure Plan — Clermont Offices, LLC Planning and Zoning Director Hitt presented the cure plan for Clermont Offices, LLC Staff recommended approval of the applicant's cure plan. Applicant Hal Moreland, Clermont Offices, LLC was present and available for questions Mayor Turville opened the public heanng. Cuqui Whitehead, 837 5 Street, expressed concern with parking. City Attorney Mantzaris noted the cure plan does not deal with that issue. Jim Purvis, 4206 Hammersmith Dnve, expressed concern with landscaping and cross parking. City Manager Saunders advised it is not relevant to the cure plan. The Council is not in a position to make corrections that is not part of the cure plan. Council Member Goodgame moved for approval of the Cure Plan for the Clermont Offices, LLC, seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 21— Purchase Approval West Water Treatment Plant Site City Manager Saunders commented staff has been working for many months to locate a site for the west water plant This site is located behind the Ay Jalisco Restaurant. It is adjacent to the existing elevated water treatment plant site used for a storage tank. Staff is proposing to expand the plant to the east. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 The owner has approved the contract to sale the property to the city. Staff previously met with the area residents to present the conceptual plan. There will be little traffic on the site. No one will work at the site full time A decorative wall is proposed around the site along with extensive landscaping. The site plan will be brought to Council for approval before seeking bids. Staff requested approval of the purchase of the property. Mayor Turville opened the public heanng. Jim Purvis questioned the cost and appraisal of the property City Manager Saunders responded the asking pnce was $400,000 and the property was appraised at $368,000. The negotiated price was $388,500 Carrie Bennett, 530 E. Highland Avenue, spoke in opposition to the location. If approved, she suggested the wall be constructed at 8 to 10 feet, change the entrance to Disston instead of Highland Avenue and questioned possible street closings. City Manager Saunders responded to the questions. He does not anticipate the closing of Highland during the construction of the plant. The site plan will be brought to council for final approval After the neighborhood meeting, staff discussed bnnging the entrance off of Disston. The Council will decide tonight whether to purchase and move forward The next step will be for Council to approve the site plan. At that time, they will address the wall, entrance and other concerns. Darnel Watson, 590 East Highland Avenue, supported the water plant. Tim Murry, 574 E. Desoto Street, questioned the consideration of other site locations. City Manager Saunders remarked this is the best site economically and for the functionality of the system A resident of 788 West Lakeshore Dnve spoke in support of improving the water quality City Engineer Richardson noted the water quality on the west side is what prompted the city to improve the water quality. Mayor Turville closed the public hearing. Council Member Mullins moved for the approval of the land purchase for the water treatment plant; seconded by Council Member Hogan. The motion passed with all members present voting "aye" Item No. 22 — Scope of Services City Manager Saunders advised this is a request for approval to conduct a phase 1 environmental prior to closing on the property to ensure there are no environmental issues on the site. Mayor Turville opened the public heanng There were no comments. Mayor Turville closed the public heanng. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING March 22, 2011 Council Member Goodgame moved for the proposed west WTP site phase 1 environmental proposal to be accepted; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 23 — Scope of Services City Manager Saunders advised this is to approve the scope of services with Tetra Tech. It is engineering services related to the design. Staff requested approval however the notice to proceed would not be given until the environmental study is complete and ready to close on the property. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public heanng. Council Member Hogan moved to approve item number 23; seconded by Council Member Mullins The motion passed with all members present voting "aye ". Item No. 24 — Ordinance No. 2011 -02C Introduction Mayor Turville read Ordinance No. 2011 -02C aloud by title only An Ordinance of the City of Clermont, Florida related to Chapter 102 "Signs ", amending section 102 -2, "Definitions "; amending section 102 -7, "Exempt Signs "; amending section 102 -8, "Prohibited Signs, Exemptions ", amending section 102 -18 "Temporary Political Signs "; providing for severability, conflict, codification and an effective date. Council Member Mullins moved to introduce Ordinance 2011 -02C; seconded by Council Member Goodgame. Wally Herda expressed concern with a sign located on Highway 27 and Highland Avenue Mayor Turville suggested he contact staff. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 9:18pm APPROVED: `Harold S. Turville, Mayor ATTE : Tracy Ackro . , City Cl - • 9 • O. � ri tfti. t , r, .� ; . & I•is ,...................... ....................... Memorandum TO: Wayne Saunders, City Manager Barbara Hollerand, Assistant to City Manager FROM: Preston Davis, Public Services Director PD DATE: March 3, 2011 SUBJECT: Surplus Equipment Request to surplus listed equipment and listed in City on line auction. TCI Power Products 1979 City Number 4333 4 x 4 Type G Industrial Truck (Forklift) Serial Number: 525A0590983 Model: 525A Net Weight: 10,500 lbs Capacity: 5,000 lbs MFH: 144 Inches LC: 24 Inches