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10-11-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2011 The Clermont City Council met in a regular meeting on Tuesday, October 11, 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 Goodgame gave the invocation followed by the Pledge of Allegiance. PRESENTATION John Ligon, Flonda League of Cities, presented Mayor Turville with a Resolution in recognition of 25 years of public service as an elected official MINUTES Council meeting minutes of September 22, 2011 and September 27, 2011 Council Member Mullins moved to approve the minutes of September 22, seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Mullins moved for the acceptance of the September 27 minutes seconded by Council Member Goodgame. The motion passed with all members present voting aye PUBLIC COMMENTS Wally Herda voiced concern with an emergency helicopter landing at Clermont Elementary School at night He requested discussion at a workshop. Enk Strange, President of the Clermont Firefighters, expressed gratitude in being allowed to wear pink duty shirts during the month of October. Proceeds from the sale of the shirts will go to the Chief Apnl Hoover Scholarship Fund. Mr. Strange inquired about a blanket approval for future years. Mayor Turville stated that decision could be made by the City Manager City Manager Saunders noted it did not have to come before the Council this year and there would be no issues with obtaining approval in future years Jim Purvis, 4206 Hammersmith Dnve, expressed concern with the sound system in the Council Chambers. City Manager Saunders stated the company that installed the system has been asked to do a recalhbration of the system. REPORTS City Manager Saunders reported the Consumptive Use Permit was approved as written by the St. Johns Water Authonty We were allotted a 20 year permit. City Attorney Mantzans — No Report Council Member Hogan — No Report 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2011 Council Member Goodgame provided an update on the Histonc Village Quonset Hut converting to a World War II museum. They would like to have a mural painted on the side of the building to include names of Veterans in south Lake County. Furthermore, Mr. Goodgame reported on the Metropolitan Planning Organization meeting In the Lake County budget, they have included improvements for the Hancock/Hartwood Marsh Road intersection. Council Member Mullins reported the change in the Ambulance service went into effect October 1 Everyone is pleased with the level of service Council Member Van Wagner expressed concern with local businesses closing recently Council Member Goodgame suggested changing the second Council meeting date in November. Council Member Mullins moved to move the Council Meeting of November 22 to November 29; seconded by Council Member Van Wagner. The motion passed with all members present voting aye. Mayor Turville reported on the Grand Opening of West Park held last Saturday. 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 — Collective Bargaining Agreement Request approval of Collective Bargaining Agreement Addendum with the International Union of Police Association, AFL -CIO, Clermont Police Officers Local 6013-6014. Item No. 2 — Approval Request Request to piggyback the City of Fernandina Purchasing Division Beach contract with Polydyne, Inc to provide polymer concentrate. Item No. 3 — Approval Request Request to piggyback the Colectnc Partners, Inc. contract with Ferguson Enterpnses, Inc. to provide water and sewer pipe, valves and fitting. Item No. 4 — Approval Request Request to piggyback U.S. Communities and Purchasing Division Hartford County Public Schools contract with Sport Supply Group, Inc. to provide physical education supplies and equipment Item No. S — Approval Request Request approval for engineenng services to Utahties Department design and permit the S.R. 50 Water and Sewer Relocations associated with S.R 50 and U.S. Highway 27 intersection construction project. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2011 Item No. 6 — Sanitation Vehicle Replacement Request approval to purchase two automated and Surplus Request side loader sanitation vehicles Also requesting approval to surplus one 2006 Lodal. Council Member Goodgame mentioned the Police Department union has agreed to suspend a pay increase for Fiscal Year 2011/2012. Council Member Goodgame moved to approve the consent agenda items 1 — 6 as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS The next two items were heard together and voted on separately. Item No. 7 — Ordinance No. 2011 -10 -M Final Hearing Mayor Turville read Ordinance 2011 -10M aloud by title only. An Ordinance under the Code of Ordinances 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. Item No. 8 — Resolution No. 2011 -13 Race Trac 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. City Manager Saunders noted item 11 has been requested to be tabled to November 8 and item 12 has been withdrawn. Council Member Goodgame moved that item 11 utility agreement be tabled until November 8; seconded by Council Member Mullins. The motion passed with all members present voting aye. Planning and Zoning Director Hitt presented the rezoning request and the Conditional Use Permit (CUP) for Race Trac. The rezoning is from R -1 Single Family Medium Density Residential Distnct to C -1 Light Commercial. Staff recommended approval of the rezoning request. The Planning and Zoning Board unanimously recommended approval. The CUP is to allow a gas station and convenience store within a C -1 Light Commercial Zoning District. At the August 23 Council meeting, access issues to Citrus Tower Boulevard were discussed for the CUP and it was tabled until September 27 to allow the applicant time to contact Lake County. This item was again tabled on September 27 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2011 City staff and the applicant did contact Lake County and their staff would allow a left turn lane at the most northern entrance on Citrus Tower Boulevard; no left out A left hand directional going into the parcel to the south was also added to the plan. Staff is recommending a deceleration lane for the Highway 27 access point with Flonda Department of Transportation (FDOT) approval. The applicant has submitted a Transportation Impact Analysis that staff has sent for review to the Metropolitan Planning Organization (MPO). Staff recommended approval of the CUP request with the conditions including the installation of the deceleration lane off of Highway 27 for their nght in and nght out location. Furthermore, Planning and Zoning Director Hitt commented the applicant submitted a change to move the entrance. Staff is recommending that it be limited to a right in and nght out with a left directional into the site. Jimmy Crawford, Esq , was present on behalf of the applicant He agreed with the staff report except for the access on Citrus Tower. He requested the city defer to Lake County and the professional engineers to review the county road connections and median cuts Furthermore, this site will work better with the full median cut. Tony Luke, Luke Transportation Engineenng, reported on conducting the traffic impact analysis and recommendation for a driveway modification and provided highlights the standards are based upon. Mayor Turville opened the public heanng. Jim Purvis, 4206 Hammersmith Drive, agreed with the applicant's proposal. Mayor Turville closed the public hearing. The City Council, staff and the applicant discussed landscape requirements, entrance, acceleration lane and deceleration lane Council Member Goodgame inquired about overnight parking. Mr. Crawford responded it is prohibited Council Member Goodgame made a motion in favor of a far north exit with an acceleration lane allowing traffic to go left in and left out at the intersection and can return to Council if there are any issues, seconded by Council Member Mullins City Attorney Mantzans suggested the Council consider approval of item 7 first Council Member Goodgame moved for the adoption of Ordinance 2011 -10 -M, seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Council Member Goodgame moved that we allow a left in and left out at the northern most exit to the facility and then an acceleration lane be required for the northbound lane at Citrus Tower Boulevard. The motion died due to the lack of a second to the motion 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2011 City Manager Saunders suggested a motion to approve Resolution 2011 -13 with the conditions as stated by Council Member Goodgame and would like Council to consider staff's recommendation of a deceleration lane on US Highway 27 into the entrance Council discussed the deceleration lane Council Member Goodgame moved for the adoption of Resolution 2011 -13 with the northbound exit being a left in and left out with an acceleration lane going Northbound on Citrus Tower and deceleration lane heading north on 27; seconded by Council Member Mullins. City Manager Saunders reiterated Councils discussion that if there is a problem to return to the City Council and suggested adding a condition if there is a traffic problem with the northern exit, it can be brought back to the City Council-for consideration. Council Member Goodgame , agreed to add that to the motion; seconded by Council Member Mullins Council Member Mullins inquired about the landscape buffer. City Manager Saunders added that it can be handled dunng the site review process The motion passed 4 to 1 with Mayor Turville opposing The next two items were heard concurrently and voted on separately Item No. 9 — Resolution No. 2011 -18 Clermont Land Development Mayor Turville read Resolution 2011 -18 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 an automobile repair garage, over four users for multi- tenant commercial buildings, and commercial building over 20,000 square feet within a C -2 General Commercial Zonin g Distnct Item No. 10 — Variances Request Clermont Land Development Pnncipal Planner Henschel presented the request for a Conditional Use Permit (CUP) and vanarices. The CUP request is to allow an automobile repair" garage, over four users for multi -tenant commercial buildings;` and, commercial building over 20,000 square feet within a C -2 General Commercial Zoning Distnct. The vanances "requested in conjunction with the CUP request are: (1) to allow for the absence of a landscape buffer along internal property lines; (2) to eliminate the rear or side setbacks from 25 feet to 12 feet; (3) to allow for a grading cut and fill up to 18 feet rather than the maximum 15 foot cut and fill, (4) to allow for the absence of a loading area for all three buildings and (5) to allow to split the landscape buffer along the right -of -way into two 10 foot sections, one above separated by a slope and retaining wall and one below, rather than a contiguous 20 foot wide buffer. Staff recommended approval of the Conditional Use Permit. The Land Development Code requires a positive finding on eight items in order to grant a vanance and staff believes there is one of the eight that do not meet the findings Therefore, staff recommended denial of the variance requests 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2011 Council Member Hogan questioned which item is not a positive finding. Mr Henschel referred to finding number 5. The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land, building or structure. The applicant's response was the subject property has limited access to the adjacent streets and highways that would make it impractical to subdivide in the traditional methods dictated by City Code. The variances requested are the minimum required. City staff commented the minimum variance request has not been demonstrated. By reducing the amount of retail space the additional loading areas could possibly be accommodated and meet the mmimum code requirements. Mayor Turville requested staff descnbe loading space. Pnncipal Planner Henschel explained the space represents delivery drop off and pick up for merchandise delivenes located towards the rear of the building; it is not for patrons. Rick McCoy, McCoy and Associates, was present as the Project Engineer on behalf of the applicant. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, commented this is a challenging lot and it sets a bad precedent. Mayor Turville closed the public heanng. Council Member Mullins expressed concern with the loading facility, no landscaping between Phase 3 and the service bays as well as deliveries to Phase 3. Council Member Goodgame inquired about approving Phases 1 and 2 and having the applicant return to Council with a plan to develop phase 3 with a loading zone City Manager Saunders suggested approving Phases 1 and 2 and require an amendment to the Conditional Use Permit Phase 3. Council Member Goodgame moved to approve the vanances and on the site plan go ahead with Phases 1 and 2 at this time. The motion died due to the lack of a second to the motion City Manager Saunders remarked the Conditional Use Permit should be approved first. Furthermore, he pointed out until Phase 3 is built, the diagram should clarify a 20 foot buffer to go the entire length of Highway 27 when Phase 1 is built so the landscape will go the entire length of the site. Council Member Goodgame moved for the approval of Resolution 2011 -18, seconded by Council Member Mullins. Council Member Goodgame added to the motion the Conditional Use Permit would allow phase 1 and 2 only; seconded by Council Member Mullins. The motion passed 4 to 1 with Mayor Turville opposing. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2011 Council Member Goodgame moved to approve variances as requested except on item 4 the loading area is for Phase 1 and Phase 2 only and complete landscape buffer toward Highway 27 south. The motion died due to the lack of a second to the motion. Council Member Goodgame moved to approve the vanances as applicable to Phase 1 and 2 which is the CUP and that the loading area will serve the two buildings only of Phase 1 and 2 Under discussion, they considered whether to allow a variance for an 18 foot cut on the Phase 3 site. Council Member Goodgame clanfied it covers all of the area above the site for 15 foot City Manager Saunders noted staff could reference, the site plan to ensure it is that corner they are refemng to. Furthermore, Council Member Goodgame stated the grading up to 18 foot would only be where they go over the 15 foot allowed cut The motion was seconded by Council Member Mullins. The motion passed 4 to 1 with Mayor Turville opposing. Item No. 11— Utility Agreement Reed Nissan This item was tabled to the November 8, 2011 Council meeting agenda Item No. 12 — Event Request This item has been withdrawn. NEW BUSINESS Item No. 13 — Ordinance No. 2011 -05 -C Introduction Mayor Turville read Ordinance 2011 -05C aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, amending Chapter 42, "Offenses" of the Clermont City Code; creating Article IV "Prohibition of Simulated Gambling Devices providing for legislative authonzation; definitions; intent; exemptions, conflict with state law; civil penalties and injunctive relief; providing for codification, severability, conflict and an effective date. City Attorney Mantzans explained this proposed ordinance prohibits the design, development, management, supervision, maintaining, providing, producing, possessing, or using one or multiple simulated gambling devices within the City of Clermont ,as defined in the ordinance. Anyone who possessed those or used in any manner would be subject to code enforcement or potential injunctive relief as determined by the city at that time. The ordinance also exempts certain recreational or not for profit utilization of those devices. City Manager Saunders noted this is tailored after the Seminole County ordinance due to the Internet gambling facilities located throughout Flonda 7 City of Clermont MINUTES REGULAR COUNCIL MEETING October 11, 2011 Council Member Goodgame inquired whether this is applied to a business establishment. City Attorney Mantzans clarified it is based on the use of the devices if used for profit by an individual It does not prohibit a religious or chantable organization from conducting a fundraising activity involving gaming which does provide for stipulations. This is for introduction; the public heanng will be in two weeks Council Member Mullins moved for introduction of Ordinance 2011 -05C; 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 l Opm APPROVED: • arolI S. Turville, Mayor ATTEST: / �I 41. .. �.[ Tracy Ac Or d, ity Cler • ' "rttntaNa'a` 8 City of Clermont 3335 Hancock Road Clermont FL 34711 Utilities Department 352 - 241-0178 elk Memo To Wayne Saunders, City Manager From James Kinzler, Utilities Director Data October 3, 2011 Ra Sanitation Vehicle Purchase The Sanitation Fleet consists of vehicles primanly purchased in 2006. Due to the age, volume of usage and condition of these vehicles, staff proposed replacement of one automated side loader vehicle and one rear loader vehicle in the 2011 -2012 budget In August 2011, due to major mechanical problems, City Council approved expediting approval for the proposed rear loader and a budget amendment to approve funding from reserves Staff request approval to purchase the one proposed automated side loader vehicle as well as a second automated side loader and fund the second vehicle from reserves Since preparation of the budget in March 2011, vehicle failures have contnued on the existing Sanitation Fleet. This creates operational problems for both Utilities and Public Services, as we struggle to keep the older fleet operational Staff recommends the purchase of the two new vehicles from Container Systems & Equipment Company, Inc for $276,140 each, totaling $552,280. The pricing is based on the Florida Sheriffs Vehicle Contract which offers a competitive purchasing instrument on hundreds of vehicles. Staff also request approval to surplus one 2006 Lodal that will be replaced. 1