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09-27-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2011 The Clermont City Council met in a regular meeting on Tuesday, September 27, 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, Hogan and VanWagner. Other City officials present were: City Manager Saunders, City Attorney Mantzaris and City Clerk Ackroyd. Absent: Council Member Goodgame. INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. Mayor Turville reviewed amendments to the agenda. In the absence of Council Member Goodgame, staff contacted all of the applicants on the agenda advising there would not be a full Council. All of those concerned with speaking to less than a full Council requested those items be tabled to October 11. Those items are as follows: Item No. 12 Ordinance No. 2011-10-M Council Member Mullins moved to table item 12 to October 11; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. Item No. 13 Resolution No. 2011 -13 Council Member Mullins moved to table item 13 to October 11; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. Item No. 17 Utility Agreement Council Member Mullins moved to table item 17 to October 11; seconded by Council Member Van Wagner -. The motion passed with all members present voting aye. Item No. 20 Resolution No. 2011 -18 Council Member Mullins moved to table item 20 to October 11; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. Item No. 21 Variances Request Council Member Mullins moved to table item 21 to October 11; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. MINUTES Council meeting minutes of August 23, 2011 and September 13, 2011 Special meeting minutes of September 8, 2011. Council Member Mullins moved acceptance of the minutes of August 23; seconded by Council Member Hogan. The motion passed with all members present voting aye. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2011 Council Member Hogan moved for approval of the September 8 minutes; seconded by Council Member Mullins The motion passed with all members present voting aye. Council Member Mullins moved acceptance of the minutes of September 13: seconded by Council Member Hogan The motion passed with all members present voting aye. PUBLIC COMMENTS Wally Herda thanked Planning and Zoning Director Hitt and staff for cutting the grass at the southwest corner Highway 27 and Highland Avenue. Barbara Tanney, 951 East Avenue, suggested the city erect fly nets around Bishop Field to prevent residential property damage from fly balls and for the safety of children to prevent them from running into the road for a ball. Mayor Turville asked City Manager Saunders to look into the cost and return to Council at a workshop or meeting and to notify Ms. Tanney when this would be on an agenda before the Council REPORTS City Manager Saunders — No Report City Attorney Mantzaris — No Report Council Member Hogan — No Report Council Member Mullins reported the Lake Emergency Medical Services Board made the final votes 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 Request approval of amended purchase Purchasing Division agreement between City and Designlab,Inc. for uniform purchases. Item No. 2 — Approval Request Request to piggyback Flonda Department of Purchasing Division Corrections contract with Flowers Chemical Laboratones, Inc. to provide certified laboratory services. Item No. 3 — Approval Request Request to piggyback Lake County B.0 C. Purchasing Division contract with Waterway Fire Services, LLC to provide service testing of ground ladders for the Fire Department 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2011 Item No. 4 — Interlocal Agreement Approval Request approval of an Interlocal Agreement Lake County between the City and Lake County for traffic sign maintenance. Item No. S — Purchase Approval Request authorization to purchase pipe matenal needed for constructing the water main to the Inland Groves property. Item No. 6 — Agreement Approval Request approval of an amended Agreement Lake Emergency Medical Services, Inc between the City and Lake Emergency Medical Services, Inc for dispatch services. Item No. 7 — Agreement Approval Request approval of an amended Agreement Lake Emergency Medical Services, Inc between the City and Lake Emergency Medical Services, Inc for shared living and vehicle space located in Fire Station 102 at 2200 Hartwood Marsh Road. Item No. 8 — Agreement Approval Request approval of an amended Agreement Lake Emergency Medical Services, Inc between the City and Lake Emergency Medical Services, Inc. for shared living and vehicle space located in Fire Station 103 at 2180 Legends Way. Council Member Mullins moved acceptance of the consent agenda items 1 through 8; seconded by Council Member Hogan. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 9 — Event Request New Beginnings City Manager Saunders stated this was tabled from the last meeting because the applicant could not attend. They are proposing to have the event on March 31, 2012. This is a request for a reduction in fees at the Waterfront Pavilion. The cost would be for full rental fees of $1,265. Also, the applicant is asking the city to provide employees at no cost for opening, closing, and set up as well as 50 percent reduction in all expenses. Sandy Farnsworth was present on behalf of New Begmmngs. Mayor Turville opened the public heanng. Wally Herda spoke in opposition of reducing the fees. Mayor Turville closed the public hearing Mayor Turville questioned the liability of having a member of staff present. City Attorney Mantzaris clanfied it is only for the protection of city property. City Manager Saunders explained the staff person provides assistance during the event. There is no liability. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2011 Council Member Mullins inquired about having a police officer present. City Manager Saunders noted the request did not ask for the fee to be waived for the police officer, the final request is half off all of the fees If it is determined an officer is needed and the Council approves a 50 percent reduction on all fees, then it would also be a reduction for the cost of a police officer. The rate is $25.00 per hour for an officer. Mayor Turville suggested the applicant pay for the cost of the pavilion rather than 50 percent off the entire cost to cover the cost of the building. Council Member Mullins agreed with the suggestion and commented to charge 5 hours for the building and not charge for the hour to set up and the hour to clean up. He preferred to not discount the cost of employees and give a reduction on the other fees. City Manager Saunders clarified the proposed fee for city staff would be $175 and the cost of an officer would be $175 for a total of $350 for employees. The chair rental and 7 hours for the pavilion would cost $940 plus $50 for the parking. Council Member Mullins proposed to charge the requestor for 5 hours rental, waive the 1 hour to set up and 1 hour to clean up, chair rental and parking fees and pay for city staff as needed. The pavilion cost would be $600 plus $350 for employees for a total of $950. City Manager Saunders clarified the charge would be for 5 hours instead of 7 hours for the pavilion equates to $600 plus direct cost for employees would total $950. Council Member Mullins moved that for this event we allow them to only pay rental for the 5 hours of the concert itself and waive fees for chairs and parking fees and to charge for staff and police as needed for actual hours which would be a maximum of $350 for employees for a total of $950; seconded by Council.Member Hogan. Under discussion, Mayor Turville commented the Council has discussed reviewing the rate structure of this facility. Council Member Mullins amended the motion to include if between now and March 31' we lower the "rate, they will benefit at the lower the rate; seconded by Council Member Hogan. The Motion passed with all-members present voting aye. Item No. 10 — Ordinance No. 2011-05-M This item has been withdrawn. Item No. 11— Comprehensive Plan Amendment Transmittal This item has been withdrawn. Item No. 12 — Ordinance No. 2011-10-M Final Hearing This item has been tabled to October 11, 2011. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2011 Item No. 13 — Resolution No. 2011 -13 Race Trac This item has been tabled to October 11, 2011. The next two items were heard concurrently and voted on separately Item No. 14 — Ordinance No. 2011-11-M Final Hearing Mayor Turville read the Ordinance 2011 -11 -M aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, 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 Item No. 15 — Ordinance No. 2011-12-M Final Hearing Mayor Turville read Ordinance 2011 -12 -M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant, to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes; setting forth the purpose and intent of the Small Scale Comprehensive , Plan Amendment, establishing the legal status of the Small Scale Comprehensive Plan Amendment, providing a severability clause; and providing an effective date. Assistant to the City Manager Hollerand presented the request. In 2009 and 2010, the owners requested annexation and small scale comprehensive plan amendments for City commercial future land use for their adjacent 9.9 acre and 9.63 acre properties. Those requests were approved by the City Council and were made known that at a future time, the owners would be requesting annexation and a City future land use for the remaining parcel. This parcel is not developable and no rezoning application is needed. Upon annexation, the property will receive the default zoning of Urban Estate. The adjommg parcels will be developed as a unified parcel at a'later date. The subject property is contemplated as a future conservation area or open space. This property qualifies for the small scale comprehensive plan amendment process and will not be reviewed by the reviewing agencies or the Department of Econonuc Opportunity formerly known as the Florida Department of Community Affairs. It will be final 31 days after adoption. The property is within the City's Joint Planning Area and is contiguous to the City on two sides. Annexations of infill properties are consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Upon annexation, it is appropnate to assign a City future land use of Conservation. Staff recommended approval of the annexation and Future Land Use Map change. At the September Planning and Zoning meeting, the board voted for approval to the City Council. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2011 Victona Jayne, applicant/owner, was present and requested approval. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved acceptance of Ordinance 2011 -11 -M; seconded by Council Member Hogan. The motion passed 4 to 0 on a roll call vote with all members present voting aye. Council Member Mullms moved for the adoption of Ordinance 2011 -12 -M, seconded by Council Member Hogan. The motion passed 4 to 0 on a roll call vote. NEW BUSINESS Item No. 16 — Event Request Downtown Partnership City Manager Saunders reported the Downtown Partnership is planning to have an Art Festival on November 4 and- 5. They are requesting for the city to provide a police officer for secunty from 8pm Friday night to 8am Saturday monung and Spin Saturday to 8am Sunday morning; one City EMT and one Paramedic for Saturday and Sunday dunng the event; and access to the Banner Structure located on the corner of Highway 50 and 8 Street for event signage during the two weeks pnor to the event. There is an additional request to use the City Hall lobby during the Art Show for a featured artist. Mr. Saunders suggested the Downtown Partnership provide for someone to be stationed in the lobby at all times during the event. The doors and elevator will be secure so there would not be any access to the rest of the building. The total cost will be $1,600 for City employees. Furthermore, City Manager Saunders noted, m talking with staff, it is not necessary to have an EMT and Paramedic on site during the entire event. Mary Prescott was present on behalf of the Downtown Partnership She remarked since the request has been made, they have secured a pnvate healthcare provider to take care of mmor incidents and withdrew the request for an EMT onsite. She will communicate how the streets will be blocked with the Fire Department in advance should there be an emergency. Council Member Van Wagner moved to allow the event request for the Downtown Partnership to take place with no expense, seconded by Council Member Hogan. Under discussion, Mayor Turville clarified this is only for police security and the motion includes the use of the City Hall lobby. The motion passed with all members present voting aye. Item No. 17— Utility Agreement Colonial Acquisitions (Reed Nzssan) This item has been tabled to October 11, 2011. 6 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2011 Item No. 18 — Variance Request Anthony Aseere Principal Planner Henschel presented the request located at 574 Hernando Place. The applicant requested a vanance to allow for a screen enclosure with a covered roof within the required rear yard setback of Lot 56 in the Verde Ridge subdivision. This subdivision is zoned UE which has a rear yard structure setback of 25 feet and a 10 foot rear yard setback for swimming pools and accessory structures The applicant proposed to construct a screened enclosure with a solid roof that will extend into the 25 foot rear yard setback by 7 feet. Typically, this would be allowed within the UE zoning district as a swimming pool with a screen enclosure. However, a portion of the screen enclosure has a solid roof and city code views this as part of the main building that the 25 foot rear yard setback. The Land Development Code requires a positive finding on eight items in order to grant a variance and there are two of the eight that do not meet these findings. Staff recommended denial of the variance request. Applicant, Anthony Aseere, was present requesting approval. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public heanng. Council Member Mullins commented there are no neighbors located behind the property and spoke m favor of the request. Council Member Mullins moved to grant the request, seconded by Council Member Hogan. The motion passed with all members present voting aye. Item No. 19 — Variance Request Yogeshwar Juggerdeo Principal Planner Henschel presented the request located at 1526 Sundown Lane. The applicant requested a variance to allow for a screen enclosure with a covered roof within the required rear yard setback of Lot 95 in the Sunset Village` subdivision: This is zoned R -1 which has a rear yard structure setback of 25 feet and a 7.5 foot rear yard setback for swimming pools and accessory structures. They have proposed to construct a screened enclosure with a solid roof that will extend into the 25 foot rear yard setback by 14.7 feet. Typically, this would be allowed within the R -1 zoning district as a swimming pool with a screen enclosure. However, a portion of the screen enclosure has a solid roof and city code views this as part of the main building that requires the 25 foot rear yard setback. The Land Development Code requires a positive finding on eight items in order to grant a vanance and three of the eight do not meet these findings. Therefore, staff recommended denial of the variance request. Applicant, Darshani Juggerdeo, was present requesting approval. Mayor Turville opened the public heanng. There were no comments Mayor Turville closed the public heanng. Mayor Turville supported this request and suggested City staff review the code pertaining to these types of requests 7 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2011 Council Member Mullins agreed with Mayor Turville to rewnte the code and inquired about the location of the 4 foot sidewalk. The applicant stated the sidewalk would be located on the side of the house. Council Member Mullins moved to grant the variance as requested, seconded by Council Member Hogan. The motion passed with all members present voting aye Item No. 20 — Resolution No. 2011 -18 Clermont Land Development (Pep Boys) This item has been tabled to October 11, 2011. Item No. 21— Variances Request Clermont Land Development (Pep Boys) This item has been tabled to October 11, 2011. ADJOURN: With no further comments, this meeting was adjourned at 8:08pm APPROVED: arold S. Turville, Mayor ATTEST: w Trac Ac . oyd, City Clerk r .. , iC���•`,, 8 ' ►�0 ► \i161" Y