Loading...
04-26-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2011 The Clermont City Council met in a regular meeting on Tuesday, April 26, 2011 m 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 Mantzans and City Clerk Ackroyd. INVOCATION Council Member VanWagner gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of April 12, 2011. Council Member Goodgame moved to approve the April 12, 2011 minutes as wntten; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Mayor Turville announced there has been a request to move item 9 forward on the agenda. PUBLIC COMMENTS Tim Murry, 574 E. Desoto Street, thanked Council for the sidewalk project on Scott Street. He requested staff communicate the city's procedures of reserving the parks to the community. PROCLAMATION Mayor Turville read the proclamation aloud declaring the week of May 1 — 7, 2011 as North American Occupational Safety and Health Week and May 4, 2011 as Occupational Safety and Health Professional Day. He presented the proclamation to Charlynn Whiting. REPORTS City Manager Saunders commented the Council directed staff to negotiate with the owners of the Wakeboard Camp property on Lake Minneola. They were asking $650,000 for the property. The appraisal on the property is $592,000. The owner agreed to accept the appraised pnce if the city pays the closing costs. The estimated closing costs would be $8,000 to $10,000. There is a tenant. The Wakeboard Camp is not operated by Mr. Marks any longer; it is a separate business currently leasing the property. They would like to remain on the property as long as the city would allow it. The city would be able to earn funds by entenng into a lease with the tenant. Council Member Goodgame moved to propose the $592,000 offer to the wakeboard shop and the city to pay the closing costs between $8,000 to $10,000 and the present tenant be allowed to stay there and pay rent to the city; seconded by Council Member Mullins. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public heanng. The motion passed with all members present voting "aye ". 1 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2011 Mayor Turville asked staff to review the tenants insurance. City Attorney Mantzans noted the plan would be to have a lease agreement with the tenant to include applicable insurance requirements. City Attorney Mantzans — No Report Council Member Hogan — No Report Council Member Goodgame reported on the Lake County Commission meeting in regards to Lake EMS services and discussion of a South Lake Regional Park. Council Member Mullins encouraged attendance of the Downtown Clermont Annual Chalk Art Contest and Earth Day Celebration this Saturday. Council Member Van Wagner commented on feeding 850 kids m south Lake County on the weekends. Mayor Turville — No Report Item No. 9 - South Lake/East Ridge High Schools Linda Bell, Parent Volunteer of South Lake High School, requested financial support for the combined 4 annual Baccalaureate ceremonies for the students of South Lake and East Ridge High Schools. They are also approaching other cities in south Lake County. Mayor Turville opened the public heanng John Hams, 2705 Carter Jones Road, supported the request. Mayor Turville closed the public heanng. Council Member Mullins suggested contacting commercial businesses for sponsorship Council Member Goodgame suggested providing police officer assistance with traffic. Council Member VanWagner moved the city deny the request for funds and will help with traffic; seconded by Council Member Hogan. 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 Open Air Sales/Tent Permit at 656 E. New Beginnings Hwy 50 (Winn Dixie Shopping Center) May 20 — 22, 2011. Item No. 2 — Resolution No. 2011 -03 Amend Fiscal Year Budget 2010 -2011 Administrative Services 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2011 Item No. 3 - Budget Amendment Request approval of an amendment to the Recreation Department Recreation Department Budget in the amount of $22,194 Waterfront Beach operational costs. Item No. 4 — Budget Amendment Request approval of an amendment to the Recreation Department Recreation Department Budget in the amount of $33,265.65 for recreational equipment for West Park. Item No. 5 — Contract Approval Request authorization to piggyback the City of Leesburg contract with Allied Universal Corporation for the purchase of Sodium Hypochlonte in the amount of $0.697 per gallon. Item No. 6 — Bid Award Request authonzation to award PCS Pest Public Services Control, Inc. the bid to provide pest control services for vanous City locations in the amount of $3,660 annually. Item No. 7 — Bid Award Request authorization to award Equiptec Police Department Corporation the bid to provide vehicle equipment and installation services for 4 vehicles in the amount of $18,658.84. Council Member Hogan moved to approve items 1 through 7; seconded by Council Member Goodgame. The motion passed with all members present voting "aye" UNFINISHED BUSINESS Item No. 8 - Ordinance No. 2011 -02C Final Hearing Mayor Turville read the ordinance aloud by title only. An Ordinance of the City of Clermont, Flonda 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. City Attorney Mantzans stated this ordinance updates the city's sign code to comply with recent development in the case law with regard to non commercial and political campaign signs. This ordinance creates a new category known as non commercial signs. It pertains to signs that include religious or political messages or other expressions of personal views. The code provides for those signs to be permitted but limited in placement in the city limits. It will permit one sign per street frontage in residential and commercial distncts. This ordinance limits human signs to individuals who are on the property of the business or service commercial activity that is being advertised and shall not be permitted on the public nght of way. There will be limits and setback requirements for political campaign signs. If not removed within 7 days after election, the candidate can be charged for the cost of the sign removal. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 26, 2011 Mayor Turville opened the public heanng. Council Member Hogan moved to approve Ordinance 2011 -02C; seconded by Council Member Mullins. Council Member Goodgame expressed concern with the ordinance not limiting the penod of time a sign can be standing. City Attorney Mantzans noted the provisions have been reviewed by the City Attorney and the Attorney representing the city in the most recent litigation related to the sign code. There is not a way to put that type of a provision in this sign code that has been upheld by a court. The motion passed 4 to 1 on a roll call vote with Council Member Goodgame opposing. NEW BUSINESS Item No. 10 - Variance Request Home Depot Planner Henschel presented the variance request to store and display rental equipment that is too large to be stored indoors. Home Depot is one of the only tool rental establishments within the city limits. Currently, Home Depot rents smaller home improvement tools, most of which can be stored inside in the evenings. The applicant is requesting to expand their rental equipment fleet to include larger equipment that cannot be stored indoors, such as small backhoes, ditch diggers, and wood chippers, all of which are stored on towable trailers. The outside storage use is already permitted in three other areas at Home Depot and this request would change the daytime display area to outside storage and display. There are eight findings required for approval of a variance. Staff found one negative finding and recommended denial of the request. George Ulrich and Ryan Althaus spoke on behalf of Home Depot requesting approval. Mayor Turville opened the public hearing. Tim Murry, 574 E. Desoto Street, supported the request and expressed concern with the area not being large enough. Mayor Turville closed the public heanng. Mayor Turville expressed the same concern regarding space. Mr. Ulrich noted there will be a limited number of equipment. Mr Althaus stated they will conform to the city's requirements and work with staff. Mayor Turville suggested restricting the vanance to one year. Council Member Goodgame suggested a bamer such as ornamental fencing. Mayor Turville and Council Member VanWagner were not in favor of requiring fencing. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 26, 2011 Council Member VanWagner moved to allow for one year; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Item No. 11- Lien Forgiveness Roger Schneider Planning and Zoning Director Hitt presented the request for lien forgiveness of 528 W. Minneola Avenue. This code enforcement violation and subsequent lien pertained to two =maintained buildings that were owned by Al -Karim Jivaj. The mortgage holders, Vernon and Audrey Schneider foreclosed on the owner and took back the property on January 18, 2011. The total lien accrual for 317 days was $126,800. Staff recommended approval of the hen forgiveness in full. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to forgive the hen; seconded by Council Member Hogan The motion passed with all members present voting "aye" ADJOURN: With no further comments, this meeting was adjourned at 7:57pm. APPROVED: Harold S. Turville, Mayor ATTEST: Tracy_ Ac ,t yd, Qty Cler erlv