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08-23-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 The Clermont City Council met in a regular meeting on Tuesday, August 23, 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 Mantzans and Deputy City Clerk Noak. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. Mayor Turville announced amendments to the agenda. Item Number 7 Water & Wastewater Agreement under Unfimshed Business has requested to be tabled and Item Number 14 JPA review has been pulled by staff. Council Member Goodgame moved to table Item Number 7 until September 13, 2011; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Goodgame moved to pull Item Number 14 due to the county already approved the property for apartments; seconded by Council Member Mullins. The motion passed with all members present voting aye. PROCLAMATION Mayor Turville read the proclamation for Constitution Week aloud MINUTES Council meeting minutes of August 9, 2011 Council Member Goodgame moved for approval of the August 9, 2011 minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Wally Herda, 1109 Hampton Street, expressed concern regarding areas with high grass. Jim Purvis, 4206 Hammersmith, requested information on the pulling of Item Number 14, Hartle Groves JPA review and requested an update on Lake Sumter EMS. Planning and Zoning Director Hitt responded to the Hartle Groves JPA review. The City received final clarifications and maps on July 23, 2011 and had requested Lake County postpone the hearing Lake County did not postpone the heanng. REPORTS City Manager Saunders asked for Council approval of a request from Fire Chief Bishop to apply for an Assistance to Firefighter grant in the amount of $983,000. The City would match ten percent. The grant will be used to replace a 1989 Tower Ladder Truck and the rescue boat. The deadline to apply for the grant is September 9, 2011. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 Council Member Goodgame moved to approve applying for the grant: seconded by Council Member Mullins. The motion passed with all members present voting aye. City Attorney Mantzans — No Report. Council Member Hogan — No Report. Council Member Goodgame reported the Train Depot at the Histonc Village was struck by lighting and requested the Historic Village retain the remaining funds from the grant provided by the City for the Quonset Hut repairs and use the funds towards the Train Depot repairs. Council Member Mullins moved to allow the Histonc Village to keep the remaining grant funds from the Quonset Hut: seconded by Council Member Hogan. The motion passed with all members present voting aye. Council Member Mullins reported Sumter County is pulling out of Lake- Sumter Emergency Medical Services effective October 1, 2011 The new name will be Lake Emergency Medical Services Council Member Goodgame commented he spoke with Jim Judge, Executive Director of Lake - Sumter EMS, requesting more units be located in the south part of Lake County Council Member Mullins stated the location of units is need driven and not population dnven Council Member VanWagner — 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— Sanitation Vehicle Replacement Request approval to purchase one new sanitation Sanitation Department vehicle with budget amendment for current year. Item No. 2 — Grant Approval Request Request acceptance of $25,000 matching grant Barbara Hollerand from U.S. Fish and Wildlife Service for upland restoration at Inland Groves Property Park. Item No. 3 — Approval Request Request to piggyback Lake County Board of Purchasing Department County Commissioner's contract with Oglesby Construction, Inc. to provide traffic stnpmg and marking Item No. 4 — Approval Request Request to piggyback City of St Cloud contract Purchasing Department with TestAmenca Laboratories, Inc. to provide bacteriological laboratory analysis. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 Item No. S— Amendment Approval Approval to extend agreement between Nova Nova Engineenng Engineering and Environmental, LLC and the City for building permitting and inspection services. Item No. 6 — Reuse Agreement Amendment Amendment to agreement to allow reuse to the Kings Ridge north pond of Kings Ridge. Jim Purvis, 4206 Hammersmith, pulled item number 6. Council Member Goodgame moved to approve Consent Agenda items one through five, seconded by Council Member Mullins. The motion passed with all members present voting aye. Jim Purvis requested a synopsis of the Kings Ridge reuse agreement amendment. Council Member Goodgame stated the amendment added the north pond to the reuse agreement. Council Member Hogan moved to approve Consent Agenda item six; seconded by Council Member Goodgame. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 7 — Water & Wastewater Agreement, BFG Lakeshore LTD — Hartle Groves (Tabled to September 13, 2011) Item No. 8 — Ordinance 2011- 10- M Fanal Hearing Item No. 9- Resolution 2011 -13, RaceTrac Mayor Turville announced the Ordinance and the Resolution would be discussed together and voted on separately. Mayor Turville read Ordinance 2011 -10 -M aloud by title only An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida 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. Mayor Turville read Resolution 2011 -13 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 gas station and convenience store within a C -1 Light Commercial zoning distnct 3 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 Planning and Zoning Director Hitt presented the request from RaceTrac to rezone the property from R -1 Single - family Medium Density Residential to C -1 Light Commercial. The property is located at the northeast corner of U.S. Highway 27 and Citrus Tower Boulevard. Staff recommended approval for the rezoning and the Conditional Use Permit Jimmy Crawford, attorney for the applicant, was present to answer any questions Mayor Turville opened the public heanng. Jim Purvis, 4206 Hammersmith, expressed his concerns regarding the proposed project. Mayor Turville closed the public hearing. Council Member Mullins stated the entrances and exits were too close to the curb. Council Member Goodgame commented on the need for a deceleration lane on the east side of the property. He inquired if 18- wheelers would be fueling at the location. Jimmy Crawford stated the hours of operation would be 24 hours a day, seven days a week. He commented there would be security at night. Phillip Morhssey, applicant, descnbed the method of fuel delivery. He stated the site would not be a truck stop. The site would offer diesel fuel as the need for diesel fuel has increased. Council Member Goodgame commented the fuel nozzles should be for car use only. Council Member Mullms inquired about lighting. Planning and Zoning Director Hitt stated the lighting would be according to code. Council Member Goodgame expressed concern regarding the location of the north entrance as traffic approaching the entrance area does not slow down until reaching the curve. Phillip Morrissey stated a traffic study would be done and provided to the County. Jimmy Crawford requested postponement of the rezoning and Conditional Use Permit request for thirty days. Council Member Goodgame moved to table both items until September 27: seconded by Council Member Mullins. The motion passed with all members present voting aye. NEW BUSINESS Item No. 10 — Variance Request, Daryl & Sandra Lachtt Curt Henschel, Principal Planner, presented the vanance request to allow for a twenty inch side lot setback for an off- street dnveway. Current City Code requires driveways to have a mimmum five foot setback from adjacent property lines. The proposed setback will be adjacent to the former Cooper Memonal Library site. Staff noted additional space to the west of the existing dnveway is available to use as a parking space. Staff recommended denial of the dnveway setback variance request 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 Applicant Sandra Lichti stated they did not want to cut down an oak tree to place the dnveway where staff recommended. The proposed dnveway should not interfere with the City's plans to develop the former Cooper Memonal Library site. Mayor Turville opened the public hearing. Charles Forth, 939 West DeSoto Street, spoke in favor of granting the request. Mayor Turville closed the public hearing. Council Member Mullins inquired if the property was part of the Central Business Distnct. Curt Henschel responded the property was part of the Central Business District. Council Member Mullins moved to approve the vanance request; seconded by Council Member Goodgame The motion passed with all members present voting aye. Item No. 11— Variance Request, Encore Home Decor Pnncipal Planner Henschel presented the request to allow for outdoor storage and display of merchandise at 782 West Montrose Street The proposal closes off the current private dnveway and access to the property will be through the rear of the property, which is adjacent to the public parking lot. Staff recommended denial of the request. David Guess, applicant, stated he desired to turn the area into useable space. Mayor Turville opened the public heanng. Jim Purvis, 4206 Hammersmith, expressed concerns regarding vanance request approvals. Mayor Turville closed the public hearing. Council Member Mullins inquired if a cross access agreement would be necessary. City Manager Saunders replied an agreement would not be necessary. Council Member Goodgame inquired as to the width of the fencing. Mr. Guess replied the fence width would be twelve feet. Council Member Mullins moved for approval of the variance request: seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 12 — Resolution 2011 -12, Montrose Wine Bar Mayor Turville read Resolution 2011 -12 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a bar in the CBD Central Business Zoning Distnct. Council Member Mullins, declared a conflict of interest and stated he would not vote on the subject, however; would participate in the discussion. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 Curt Henschel, Principal Planner, presented the Conditional Use Perrmt for a bar in the Central Business District at 712 West Montrose Street. The proposal is for an upscale wine and beer bar with entertainment. The hours of operation would be from 1 pm to 11:30pm, at Council's discretion The Planning and Zoning Board and staff recommended approval. Yellymary Montaluo, Applicant, was present to answer questions. Mayor Turville opened the public hearing. Charlene Forth, 939 West DeSoto Street, spoke in favor of the request. Charles Forth, 939 West DeSoto Street, spoke in favor of the request. Amanda Walsh, Owner, Cheeser's Palace, spoke in favor of the request. Matthew Rhoda, Owner, 712 West Montrose Street, stated there was an interest in the proposed establishment. Patricia Brown, commercial agent for applicant, commented the establishment would be an upscale jazz- type club. Mayor Turville closed the public heanng. Council Member Goodgame inquired as to food preparation methods and the possible need for a grease trap. The applicant responded the food would be catered. City Attorney Mantzaris stated the Utilities Department would make the determination regarding grease trap requirements. City Manager Saunders stated if it was determined a grease trap is necessary, they would be required to have a grease trap. Council Member Goodgame inquired if the applicant would object to the hours of operation being part of their Conditional Use Permit. Ms. Montaluo stated she did not object and was willing to change the hours of operation if necessary. Council Member Goodgame asked City Attorney Mantzans if there was language which could be used in the permit regarding noise. City Attorney Mantzaris stated there was specific language which had been used m the past allowing for the Conditional Use Permit to return before Council for reconsideration should complaints occur regarding noise. Council Member VanWagner expressed concern regarding noise disturbances and requested the Conditional Use Permit to include a provision for automatic revocation should there be three noise complaints. Council Member Goodgame commented Council historically did not state a specific number of complaints in the permit City Attorney Mantzaris stated there was a Conditional Use Permit which had a specified number of complaints. Someone could call in, not really having a complaint, and it would cause issues. If this is handled through the noise issue as is done with all other permits, there should not be any issues. Council Member Goodgame stated his motion is under the condition that the applicant have an opportunity to read the conditions and should they object, they will come back before Council. City Attorney Mantzans stated Council could approve with any conditions Council would like and the applicant can agree to the conditions or not open their business. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 Council Member Hogan moved to approve 712 West Montrose Street. Mayor Turville passed the gavel to Mayor Pro Tem Goodgame. Mayor Turville seconded the motion. Mayor Turville stated the motion was to approve as staff recommended. City Manager Saunders commented there were two issues which were discussed, one regarding the hours of operation as an additional condition Mayor Turville stated he would agree with the staff recommendation of the hours of operation as 1:OOpm to 11:30pm. Mayor Pro Tem Goodgame opened the motion for Council discussion. Council Member VanWagner commented he could not support the request without a complaint provision in the permit stating the number of complaints allowed before coming back to Council. Mayor Turville was opposed to including a complaint provision in the permit. Mayor Pro Tem Goodgame affirmed the motion was to approve as staff recommended with the hours of operation as 1:OOpm to 11:30pm. City Attorney Mantzaris stated, for clanfication, the motion did not have the language to bnng back before Council for noise complaints, which were not part of staff recommendations. Council Member Hogan did not believe it was necessary to include noise complamts in the motion. Mayor Turville called for the question. The motion passed on a three to one vote, Council Member VanWagner m opposition and Council Member Mullins abstaining. Item No. 13 — Police Station Expansion City Manager Saunders commented on the five options presented to Council at a prior workshop and Council meeting. The first three options involve the expansion at the current site and at the request of a local property owner, two options associated with the Schmid property located on the east side of town were provided. Cost comparison figures had been presented by Jimmy Crawford. City Manager Saunders stated staff reviewed the cost companson figures presented and the pros and cons of the options were discussed. A cost comparisons chart was provided by City Manager Saunders for Council, along with information on staff pros and cons. City Manager Saunders stated should Council desire to relocate the police station, staff would work with the Police Department in deter mimng the best geographic location, investigate available properties in those locations, and provide Council with prionties and options Staff recommendation was Option C and staff requested direction from Council. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 Police Chief Graham was m agreement with Option C, with future parking as his only concern. Mayor Turville opened the public hearing. Jimmy Crawford, Attorney for Schmid Construction, presented Council with revised calculations for options D, E, and F, which included soft costs. He commented the owners are willing to enter into a lease /purchase option agreement with the City and requested Council table for 30 days City Manager Saunders commented the City had not had an opportumty to review the revised calculations. Charlene Forth, 939 West DeSoto Street, stated the agenda for the prior workshop was not advertised or posted on the website. City Manager Saunders presented a copy of the workshop agenda for the meeting Ms. Forth was referring. Jim Purvis, 4206 Hammersmith Drive, spoke in favor of tabling the decision. Mayor Turville closed the public heanng. Council Member Mullins was in favor of expanding the present site. Council Member Goodgame was m favor of checking alternative locations and tabling for 45 days. Council Member Hogan was in favor of tabling for 30 or 40 days Mayor Turville commented the current location was selected with future expansion considerations m mind and was m favor of expanding the current location. Mayor Turville inquired as to the process necessary and amount of time needed for staff to look at alternatives. City Manager Saunders requested 60 days. Council Member Goodgame moved to table the police station location and construction for 60 days to allow time for staff to look at other alternate properties around the City; seconded by Council Member Hogan. Council Member VanWagner requested lease /purchase options be included. Council Member Goodgame and Council Member Hogan agreed to the amendment. City Manager Saunders stated his concern of opening the process for others to come forward and provide their own deal. He stated the City needed to drive the process as was done with the fire station Council Member Goodgame amended the motion back to the first motion The motion passed with all members present voting aye. Item No. 14 — JPA Review, Hartle Groves Subdivision Pulled by staff. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING August 23, 2011 Item No. 15 — Council Appointment — Code Enforcement Board City Manager Saunders presented Chandra Myers resume and letter of interest to serve on the Code Enforcement Board. Staff recommended appointing Ms. Myers. Council Member Hogan moved to appoint Chandra Myers, seconded by Council Member Goodgame.- The`motion passed with all members present votmg aye. Item No. 16 — Ordinance 2011 -04 -C — Introduction Mayor Turville read Ordinance 2011 -04 -C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 42, "Offenses ", Article I, "In General" Section 42 -6, "Firearms, Discharge" by deleting the section in its entirety; providing for codification; severability, conflict and effective date. Council Member Mullins moved to introduce Ordinance 2011 -04 -C; seconded by Council Member Goodgame. The motion passed with all members present voting aye. ADJOURN: With no further comments, this meeting was adjourned at 9:52pm. APPROVED: ` aid S. Turville, Mayor IF ATTEST: l 41 — 4 4 „ Al Tracy jiroyd, City Cl 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME—MIDDLE NAME NAME F BOARD, COUNCIL,, COMMISSION, AUTHORITY, OR COMMITTEE Mr i✓ I C VI h I& k i L A UJcc✓ ( C j ev 1 1 C, I y CAM Qt � MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 0 Ores,✓ Avg WHI HISERVEISAUNITOF CITY I COUNTY CITY ❑ COUNTY ❑OTHER LOCAL AGENCY 1 1 NAME OF POLITICAL SUBDIVISION eV W1un� DATE ON WHICH VOTE OCCURRED MY POSITION IS �,� / I �j �c f I [(ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112 3143, Florida Statutes Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative, or to the special private gain or loss of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163 357, F S , and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes APPOINTED OFFICERS: Although you must abstain from voting in the situations descnbed above, you otherwise may participate in these matters However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed ��J !! rr ( DISCLOSURE OF LOCAL OFFICER'S INTEREST I, (°fee (i M i to,, , hereby disclose that on vc, ^ , 20 1 1 (a) A measure came or will come before my agency which (check one) inured to my special pnvate gain or Toss, inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained, or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows 0 Q I I d tki 'ill r\// e KA/ h P C 619 rrt fi / 1 v ie >` e✓l.{- d W add t/1 `e �, tvec�' CDC ���� � 0/7- �iSi e1i 6 G 9fl/Jy �J ) P we >� J w, y f ,„ Date i ed / Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000 CE FORM 8B - EFF 1/2000 PAGE 2