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07-12-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING July 12, 2011 The Clermont City Council met in a regular meeting on Tuesday, July 12, 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 Van Wagner gave the invocation followed by the Pledge of Allegiance PUBLIC COMMENTS Tim Murry, 574 W. Desoto Street, and Wilbert Montgomery expressed concern with not being allowed to swim at West Beach. City Manager Saunders explained West Beach has not been certified as a swim area by the Health Department. Mr. Montgomery also inquired about the city not allowing citizens to grill at the parks. City Manager Saunders noted that is a city policy for all of the parks. Mayor Turville would like to review that policy at a workshop. REPORTS City Manager Saunders rescheduled the budget workshop times to begin at 6:30pm on July 20 and 21. City Attorney Mantzaris — No Report Council Member Hogan — No Report Council Member Goodgame — No Report Council Member Mullins reported on the League of Cities meeting. The speaker was Scott Blankenship, Lake County Economic and Tounsm Development Director. 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— Approval Request Approval of an Amended Property Control Administrative Services Policy. Item No. 2 — Approval Request Approval of Contract with Utility Purchasing Division Technicians and Danus Utilities to provide sanitary sewer manhole and lift station rehabilitation. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING July 12, 2011 Item No. 3 — Approval Request Approval to reject all Request for Proposal Purchasing Division responses for Medical Exam Providers and enter into negotiation with one or more vendors. Item No. 4 — Surplus Request Request authorization to surplus equipment. Fire Department Item No. S — Approval Request Approval of 10% matching funds ($10,675.00) for Assistance to Firefighters Grant. This will require a budget amendment from General Fund Reserves. Item No. 6 — Authorization Request Request approval of $19,750.00 proposal from CPH Streetscape plans associated with Jenkins Replacement Project. City Manager Saunders pulled item number 5 from the consent agenda. Council Member Goodgame moved that items 1 through 4 and 6 be approved as submitted; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Manager Saunders clarified the Council approved this grant and matching funds in March. This is a request to move forward with the purchase of the equipment with those grant funds and matching funds. Council Member Goodgame moved approval of item 5 of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Item No. 7 — Variance Request John Carroll Principal Planner Henschel presented the variance request to allow a pylon sign to remain on site when the business it represents has been out of business for more than 60 days. There are six of the eight items that do not meet the positive findings therefore staff recommended denial of this variance request for a pylon sign to remain non - conforming. Mr. Henschel distributed a letter received from Marjorie Morphet and read it aloud into the record. Applicant, John Carroll, was present requesting approval of the vanance request. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, opposed the variance request Cuqui Whitehead, 837 5 Street, spoke in favor of the variance. Mayor Turville closed the public heanng. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING July 12, 2011 Council Member Goodgame suggested removal of the monument sign and to come into compliance with a wall sign. Council Member Mullins supported the vanance request. Mayor Turville expressed concern with the 60 day provision when a business becomes vacant. Council Member Goodgame moved for the denial of the variance; seconded by Council Member Hogan. The motion failed 2 to 3 with Council Members Mullins and Van Wagner and Mayor Turville opposing. Council Member Mullins moved to approve the vanance as requested; seconded by Council Member Van Wagner. Under discussion, City Attorney Mantzans requested direction from the Council on whether to address the issue of non - conforming status. It is set by code and will need further information if interested in making a change. The codes as they exist in the city are in place and every property owner is responsible for knowing the code Mayor Turville asked staff to review the 60 day provision. The motion passed 3 to 2 with Council Members Goodgame and Hogan opposing. Item No. 8 — Ordinance No. 2011 -03 -C Final Hearing City Attorney Mantzans read the ordinance by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 2 Administration, Article VI Financial Matters, Division 2 Impact Fees, Section 2 -262 Required; Chapter 6 Alcoholic Beverages, Section 6 -1 Licensing Vendors Near School or Church; Standard of Measurement; Chapter 18 Business, Article II Solicitors, Peddlers and Itinerant Vendors, Division 4 Peddlers and Itinerant Vendors, Section 18 -83 Prohibitions; Chapter 34 Environment, Article II Noise, Section 34 -21 Loud, Disturbing and Unnecessary, Enumerations, Section 34 -32 Business Noises in Residential Sections of the City; Article IV Junked, Wreaked, Abandoned Property, Section 34 -91 Defimtions, Section 34 -95 Prohibition of Storage Within Residential Areas, Section 34 -96 Removal Within 72 Hours of Notice; Service; Certificate of Notice; Chapter 38 Mobile Homes and Recreational Vehicles, Section 38-4 Parking, Storage of Recreational Vehicles; Chapter 90 Concurrency Management, Article I in General, Section 90 -6 Adopted Level of Service Standards; Chapter 118 Vegetation, Article III Trees, Division 1 Generally, Section 118 -71 Minimum Tree Requirements, Division 3 Tree Removal Permit, Section 118 -112 Application; Chapter 122 Zomng, Article V Supplementary Distnct Regulations, Section 122 -341 Accessory Uses and Structures; Providing for Codification; Severability; Effective Date; and Publication. Planning and Zoning Director Hitt reviewed the amendments to the Land Development Code. Chapter 38 and Section 38-4 was inadvertently placed in the title however was not advertised. There are no proposed changes to those sections in the code. Mayor Turville opened the public heanng. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING July 12, 2011 Tim Murry, 574 E. Desoto Street, suggested amending section 34 -96 abandoned vehicles The proposed change extends the time from 72 hours to 5 days; Mr Murry requested increasing it to 30 days. City Attorney Mantzaris explained this provision pertains to other items besides vehicles. Furthermore, Mr. Murry requested the tree provision be extended city-wide instead of Kings Ridge only. City Manager Saunders clarified the requirement for the number of trees in the front and back yard is not in the old part of town; the requirement is only for new construction and it would not apply to the area Mr. Murry is referring to. Wally Herda spoke in support of extending abandoned vehicles to 5 days. Mayor Turville closed the public hearing. Council discussed whether or not to allow repair work on Sundays. City Attorney Mantzaris noted the ordinance is written to allow activity on Sundays. Planning and Zoning Director Hitt reminded Council of the revision to eliminate Chapter 38 from the Ordinance. Council Member Mullins moved to adopt the ordinance revisions as presented; seconded by Council Member Hogan. Under discussion, Mayor Turville noted the ordinance includes the ability to work on Sundays. City Manager Saunders also noted the word "Flonda" needs to be removed from section 34 -95. Council Member Mullins agreed to amend the motion. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". NEW BUSINESS Item No. 9 - Variance Request Harvey Rosenberg /EXIT Realty Principal Planner Henschel presented the variance request. The applicant requested a variance to allow a non - conforming pole sign to remain on site when the business has been out of business for more than 60 days. The pole sign is for a multi -tenant at 300 East Highway 50. Mr. Henschel reviewed seven of the eight items that do not meet positive findings. Therefore, staff recommended denial of the variance request for a pylon sign to remain non - conforming. Applicant, Harvey Rosenberg, was present to request approval of the variance request. Mayor Turville opened the public heanng. Cuqui Whitehead, 837 5` Street, spoke in favor of the sign request. Mayor Turville closed the public heanng. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING July 12, 2011 Council Member Mullins moved to grant the vanance; seconded by Council Member Van Wagner. The motion passed with all members present voting "aye ". Item No. 10 — Request to Suspend Fee Increase City Manager Saunders noted the City Council enacted a resolution that amended non - resident, field use, concession and team fees. There is a letter of request from the Clermont Girls Softball League and the South Lake Little League Board Members to suspend the fee increases. If Council would like to suspend the fee increases as requested, they would have to direct staff to rewnte the adopted resolution and return to Council for approval after proper notification. South Lake Little League President, Greg White, 2620 Ledgemont Court, expressed concerns with the new fees He proposed suspending the fees for the Fall season and schedule a joint meeting to discuss increasing fees in the future. There were no issues with the concession fees. Clermont Girls Softball League President, Peter D'Orazio, 669 Skyridge Road, also voiced concern with the non - resident fees Tim Murry, 574 E. Desoto Street, agreed with the increase in fees but not the amount of the increase. City Manager Saunders clanfied the non - resident fee was increased $25 not $50. The following expressed concern with the increased fees Stephanie Mays; Rick Votava, 10518 Via Milano; Stacy Smith, 11001 Lake Kathenne Circle; David Palka, 960 W. Magnolia Street; Gerald Gotimer, 938 Cumberland Circle; Chuck Arnold, 10850 Log House Road; and Gary Lorant 12526 Colonnade Circle. Cuqui Whitehead, 837 5 Street, agreed with the fee increase William Hilton, 13437 Silver Leaf Circle, suggested a family rate. Ann Dupee, 389 Division Street, encouraged the citizens to express their opinions to the Lake County Board of County Commissioners. Mayor Turville explained the fee increase does not cover the real cost of maintaining the fields. This was done in an effort to avoid raising taxes for the residents of Clermont. City Manager Saunders noted for the current year, the city received $50,000 in revenue between the Clermont Girls Softball and Little League and the cost to operate and maintain the parks to accommodate softball and little league was more than $400,000. Mayor Turville directed staff to organize a meeting with the Lake County Commission soon. City Manager Saunders stated he will contact the County Manager tomorrow to arrange a joint meeting. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING July 12, 2011 Item No. 11— Funding Request Hooks Street Drainage Project City Manager Saunders reported the Lake County Water Authority, Lake County and the City of Clermont have been working toward a joint project to improve water quality of the stormwater entenng Lake Minnehaha from the Hooks Street Drainage basin. The proposed project is a cost sharing arrangement. The City would administer the project during construction plus take ownership of the completed system and project management. The money is available in the Stormwater Fund. This does not affect the General Fund. Staff requested Council approval to move forward. City Engineer Richardson clarified we have not received commitments yet, this is a proposal and will be taken to their boards for approval. Ron Hart was present on behalf of the Water Authority and was available for questions. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to approve up to $100,000 to contribute towards the Hooks Street drainage improvement project and project management and ownership as presented in the summary letter; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 9 APPROVED: 41.0P • arold S. Turville, Mayo ATTEST- kb. Tracy A144 City Cler 6 0 CITY OF CLERMONT Office of the Fire Chief To: Wayne Saunders, City Manager From: Carle Bishop, Fire Chief gp- Date: June 20, 2011 Re: Fire Department Surplus I would like to request the items below to be placed on June 28, 2011 council agenda for surplus. The lists of FD items are identified for consideration. Quantity: Description of Item: Current Location of item: 5 3020R Fire Comm Headset system Small Training Office HQ 1 Brother Intellifax 770 Small Training Office HQ 1 HP deskjet 5850 pnnter Small Training Office HQ 1 HP Fax 1220 Small Training Office HQ 2 Red Emergency light bat lens Small Training Office HQ 6 Single blue plastic coated mattresses Special Ops building 3 Old emergency light bars Special Ops building 1 Pallet of various size and length of failed fire hose. Special Ops building 3 Boxes of old & worn fire boots Special Ops building 1 Black recliner chair Special Ops building 1 Box of pots & pans Special Ops building 1 Box of obsolete Scott air masks Special Ops building 4 Obsolete SCBA cylinders Special Ops building 5 Crown Victoria like -new rear seat cushions (from PD Special Ops building cars) 1 Obsolete electric AMKUS power unit Special Ops building 40 Vanous and old full & empty fire extinguishers Special Ops building 1 Box of obsolete pagers Special Ops building 1 Empty DeWalt drill box /carry case Special Ops building 1 Empty Milwaukee dnll box/carry case Special Ops building 439 WEST HIGHWAY 50 • CLERMONT, FLORIDA 34711 PHONE: 352/394 -7662 • FAX: 352/241 -4904 Quantity: Description of Item: Current Location of item: 1 Obsolete Motorola Base Radio Special Ops building 1 Box of obsolete radio parts Special Ops building 10 Obsolete "failed" Haz Mat suits Special Ops building 1 Broken chrome light stand Special Ops building 2 Used tires on rims Special Ops building 4 Aluminum compartment trays Special Ops building 1 Wood end/coffee table Special Ops building 1 Portable dishwasher Special Ops building 2 Forestry rakes Special Ops building 1 Obsolete backboard Special Ops building 1 Obsolete black safety harness Special Ops building 1 Obsolete yellow ladder belt Special Ops building 1 Freightliner SCBA seat Special Ops building 1 Box of various hose couplings Special Ops building 1 Hydrant valve Special Ops building 2 Damaged halogen light poles Special Ops building 2 Aluminum long hose bed dividers Special Ops building 6/21/2011 Page 2