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12-13-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2011 The Clermont City Council met in a regular meeting on Tuesday, December 13, 2011 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:OOpm 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 Mullins gave the mvocation followed by the Pledge of Allegiance. PRESENTATION Council Member Goodgame; on behalf of the South Lake County Histoncal Society, presented a certificate of appreciation to Architect Nick Jones for his design work of the outhouse building for the Histonc Village. MINUTES Council Meeting minutes of November 29, 2011 Council Member Goodgame moved the minutes of the meeting of November 29, 2011 be approved as written; seconded by Council Member Mullins. The motion passed with all members present voting aye. PUBLIC COMMENTS Allison Auld and Charlene Forth expressed their concerns with staff and the Police Department. Cuqui Whitehead, 837 5 Street, spoke in support of staff and the Police Department. REPORTS City Manager Saunders commented on the holiday lights and musical presentation at the Citrus Tower. City Attorney Mantzaris — No Report Council Member Hogan — No Report Council Member Goodgame requested approval for staff to send a letter to the Department of Transportation and Sheriff's department requesting increased speed limit enforcement on Highway 27. Additionally, he requested approval for a letter to be sent to Secretary Downs; Florida Department of Transportation, regarding lowenng the sidewalk south of Kings Ridge Boulevard and for signage on Highway 27 informing trucks to stay in the two nght lanes from Hartwood Marsh Road to north of the City of Minneola Council Member Mullins motioned to have the letters drafted; seconded by Council Member Hogan The motion passed with all members present voting aye. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2011 Mayor Turville commented the speed limit on Highway 50 should not have lowered after the expansion to a six lane road. Expanding the traffic lanes occurred to retain the level of service on Highway 50 and lowering the speed limit did not retain the pnor level of service. Council Member Goodgame supported adding the speed limit change on Highway 50 to the letter. Mayor Turville asked Council if they were agreeable with this action as a secondary motion. Council Member Mullins stated yes. Council Member Hogan stated yes. The motion passed with all members present voting aye. Council Member Goodgame reported the Department of Transportation received a request to fund access roads and pedestnan and bicycle access for the roads in Lake County feeding into the Wekiva Parkway. The request will use the Lake County district's new road funds for the next two years. He will be speaking to Secretary Downs opposing the request. He thanked staff, the City and the Kiwams Club for the beautiful` lights around the City and the lake. Additionally, he reported the First United Methodist Church; members of, the Food Provider Group, distributed toys to over 800 children and distributed approximately 100 bags of food: Council Member Mullins reported the Lake County League of Cities requested the State League of Cities focus on water policy, including reclaimed water; municipal police officer and firefighter pension plan and disability premiums; communication services and local business tax protection; economic development, and pending ordinance doctrine, which is keeping local policy local; at the upcoming Legislative ,sessions. Lake County Days will be January 1s and February l' and Council Members interested in attending should inform City Manager Saunders. There will be advocacy training sessions on January 13` He reported Lake Emergency Medical Services approved an additional ambulance for 24 hour coverage of South Lake County. Council Member VanWagner — No Report Mayor Turville commented on the beautifully decorated residences and thanked the community for their efforts. 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- Surplus Request Request to surplus Information Technology Administrative Services equipment. Item No. 2 — Police Vehicle Replacement Request approval to purchase two marked police Police Department vehicles and two administrative unmarked vehicles. Council Member Goodgame moved to approve the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting aye. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2011 UNFINISHED BUSINESS The next two items were heard concurrently and voted on separately. Item No. 3 — Resolution 2011 -21, Bob Thompson Mayor Turville read Resolution 2011 -21 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 for a shopping center with five or more businesses with shared parking within the C -2 General Commercial zoning distract. Item No. 4 — Variance Request, Bob Thompson Curt Henschel, Principal Planner, presented the Conditional Use Permit and the vanance request for the project located at 481 East Highway 50 The Conditional Use Permit request was to allow for a retail shopping center with five or more businesses and shared parking. Phase one would include a 1,500 square foot addition to the existing building, reconstructed parking, a temporary dumpster, removal of the western State Road 50 entrance, and-landscapmg. Phase two would include two new buildings, two new loading zones with dumpsters, reconfigured parking, main entrance realignment, and removal of the entrance off of Anderson Street. Staff recommended approval of the Conditional Use Permit The first vanance request proposed 51 parking spaces instead of the required 57 parking spaces. The second variance request proposed shortening 17 parking spaces to eighteen feet in length instead of the required 20 feet in length. The Land Development Code requires a positive finding on eight items in order to grant a vanance request. There are two of the eight that do not meet the findings; therefore staff recommended denial of the vanance request. Robert Thompson, 11905 Egret Bluff, stated the goal is to create a park -hke atmosphere and bnng the landscaping up to City Code. Mayor Turville opened the public heanng. Cuqui Whitehead, 837 5"' Street, spoke in favor of the Conditional Use Permit and the vanance request Mayor Turville closed the public heanng. Mayor Turville inquired if the dnveway at the east end of the property, which turns out to the south, was still in place. Principal Planner Henschel replied the dnveway would be used; however the current dnveway on the west side would be eliminated. Mayor Turville commented there was a pnvate dnveway on the property and inquired if there was an agreement regarding use of the nght -of -way. City Manager Saunders replied an agreement existed allowing the dnveway use of the public nght -of -way and stated this should be included in the Conditional Use Permit Mayor Turville was m agreement. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2011 Council Member Goodgame stated he would like to change the regulation and lower the height of tire stops. City Attorney Mantzaris inquired if the code specified the height for tire stops. Planning and Zoning Director Hitt stated the code referred to Department of Transportation regulations. City Attorney Mantzans stated a code change could not occur at the current meeting. Council Member Goodgame moved for the approval of Item 3, the Resolution, and Item 4, the vanance request, adding on that he will endeavor to find tire stops less than 5 inches high; seconded by Council Member Hogan. City Manager Saunders stated the condition regarding the use of City right -of -way for a pnvate dnveway, with the understanding the property owner is responsible for all maintenance and repairs of the driveway, should be added to the Conditional Use Permit Council Member Goodgame agreed. Council Member Hogan agreed. The motion passed with all members present voting aye Mayor Turville called for a motion for the vanance request Council Member Goodgame moved for the vanance request to be approved, taking into account that we are going to ask Mr Thompson to fmd tire stops less- than five inches high; seconded by Council Member Mullis The motion passed with all members present voting aye. NEW BUSINESS Item No. S — 2012 H.O.G. Rally, Scott Blankenship- Economic Development & Tourism Director City Manager Saunders provided an overview of the upcoming event. Mike Boucher; Past -Chair of the South Lake Chamber of Commerce, stated they would like to hold one day of the event in south Lake County. The event is tentatively set for the end of October or early November. Cuqui Whitehead, 837 5 Street, spoke in favor of the event. Mayor Turville, Council Members Mullins, Goodgame, Hogan and VanWagner spoke in support of the event. Item No. 6 — Variance Request , Kalpesh S Patel Pnncipal Planner Henschel presented the vanance request to allow a rear yard setback of twenty feet for a screen room enclosure with a covered roof. The property is located at 1020 Sailing Bay Dnve. The Land Development Code requires a positive finding on eight items in order to grant a variance request. There are two of the eight that do not meet the findings, therefore staff recommended denial of the variance request. Randy Ellman, Armstrong Aluminum, stated there was limited room in the backyard due to the position of the lot in the cul -de -sac Currently, the owner is unable to enjoy his backyard and a screen enclosure would allow for use and enjoyment of the backyard 4 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2011 Kalpesh Patel, property owner, was present. Mayor Turville opened the public heanng. There were no comments. Mayor Turville closed the public heanng. Council Member Mullins moved to grant the vanance request; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 7 — FDOT Cure Plan, CITGO and Papa Johns Planning and Zoning Director Jim Hitt presented the proposed Cure Plan for CITGO and Papa Johns, located at 699 East Highway 50 The island will be moved, the landscaping improved, two parking spaces removed, and the pine tree will be removed. The sign will not be moved. Staff recommended approval of the proposed Cure Plan. Cuqui Whitehead, 837 5 Street, mquired if the sign would be lowered. Mayor Turville responded the sign was not affected and can remain as it is. Mayor Turville asked the amount of green space which would be lost. Planning and Zoning Director Hitt stated approximately a 12 x 10 foot area. Mayor Turville commented the pine tree should remain Council Members Mullins and Goodgame supported keeping the pine tree. City Manager Saunders agreed the tree should remain and landscaping could surround the tree. Mayor Turville stated he would entertain a motion agreeing with the plan submitted, with the exception of the requirement to remove the pine tree. Council Member Goodgame so moved; seconded by Council Member Mullins. The motion passed with all members present voting ave. Mayor Turville stated agenda item 10, Joint Planning Agreement Review; would be addressed at this time Item No. 10 — Joint Planning Agreement (JPA) Review, Liberty Baptist Church Planning and Zoning Director Jim Hitt presented the proposed vanance request for a 175 foot communications tower at 11043 True Life Way. The location is within the City of Clermont and the Lake County Joint Planning Agreement area The City's Land Development Code and Lake County Land Development Regulations have a height limitation of 140 feet Staff recommended if Council approves the communications tower, the tower be limited to the single monopole "flagpole" design. Russell Momson, representing the applicant, stated the vanance was requested m order to cover the area with a better communications signal. He commented the only type of tower Lake County would approve was a camouflage tower 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2011 Mayor Turville opened the public hearing. Wally Herda, 1109 Hampton Street, inquired if the moratorium on cell towers remained m effect. Mayor Turville replied the property was located in the County and the County had jurisdiction. The City has the opportunity to comment on the request as the property is within the Joint Planning Area Mayor Turville closed the public heanng Council Member Goodgame asked if the tower would be visible from U S. Highway 27 City Manager Saunders replied it would not be visible from U S. Highway 27 Council Member Hogan inquired as to the difference in the type of tower requested compared to the tower preferred. Russell Morrison provided information regarding the difference between exterior and interior antennas Mayor Turville asked if guy -wires were associated with the tower Mr. Mornson responded there were no guy - wires. Council Member Goodgame inquired if the project included an emergency generator. Russell Mornson replied there was no emergency generator included; however, when a carrier locates on the tower, most likely they would require a generator. City Manager Saunders commented the City did not have the ability to require a generator; the Joint Planning Area review was for the tower height. Mayor Turville expressed concern with the additional height of the tower due to weather conditions such as hurricanes. Council Member Goodgame moved for approval of the additional height and the letter to the County recommend an emergency -generator be considered within the use; seconded by Council Member Mullins. The motion passed three to two, with Mayor Turville and Council Member Hogan opposed. Item No. 8 — Ordinance 2012 -01 -M, South Lake Hospital, Introduction Mayor Turville read Ordinance 2012 -01 -M aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, adopting a 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 Comprehensive Plan Amendment, establishing the legal status of the Comprehensive Plan Amendment, providing for severability, conflict and an effective date. Council Member Mullins moved for introduction of Ordinance 2012 -01 -M, seconded by Council Member Hogan. The motion passed with all members present voting aye. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2011 Item No. 9 — Ordinance 2012 -02 -M, South Lake Hospital, Introduction Mayor Turville read Ordinance 2012 -02 -M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Flonda amending the official zomng 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. Council Member Mullins moved for introduction of Ordinance 2012 -02 -M; seconded by Council Member Goodgame: The motion passed with all members present voting aye. Planmng and Zoning Director Jim Hitt provided Council with changes to the review process with the Department of Econommc Opportunity. He requested Council approve a transmittal to the Department of Economic Opportunity and the other review agencies along with the Comprehensive Plan and zoning change introductions City Attorney Mantzans stated there was a transformation from the new Statute and most cities and counties are struggling with the process. Staff 'proposed to formally send the transmittal to Tallahassee and allow the agency to determine what they will do. Mayor Turville inquired if the language could be included m the title. City Attorney Mantzans stated this could be done, however it is no longer officially required and does not require the same advertising as in the past. Staff does need the authority to send it. Council Member Goodgame commented on providing a blanket motion to allow these transmittals to occur. City Attorney Mantzans stated he was agreeable to a blanket directive by Council to continue sending the transmittals. Mayor Turville asked how this affected the second heanng City Attorney Mantzans stated the public heanng process would remain the same. Mayor Turville stated he would entertain a motion allowing staff to move forward. Council Member Goodgame moved for blanket approval for Comprehensive Plan Amendments and rezoning transmittals to the Department of Econonuc Opportunity within 30 days after the introductions; seconded by Council Member Hogan. Mayor Turville stated his understanding of the motion was to provide a blanket directive to staff to forward these introductions; if successful at introduction. The motion passed with all members present voting aye. Mayor Turville reminded everyone the December 27 meeting was cancelled. City Manager Saunders reported on the first annual basketball game between the Lake County Shenff's Department and a combined team made up of the City's Police and Fire Department There was a good turnout and admission was a toy. The toys will be distributed on Christmas Eve. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 13, 2011 Mayor Turville expressed concern regarding the effect the annual game would have on the City's self - insurance plan and mentioned the possible need to clear people to participate. City Attorney Mantzans stated the participants have already been determined physically fit Mayor Turville requested the record reflect Council Member Goodgame left the meeting prior to adjournment. ADJOURN: With no further comments, this meeting was adjourned at 8:42pm. APPROVED: hft 41111 _ Turvi e, Mayor Iry ATTEST: Tracy Ac oyd, City Clerk/ 8 City of Clermont Information Technology Equipment Surplus Listing December 6, 2011 Make Model Serial # Device Dell D600 G6GHR41 Laptop Dell D600 G7GHR41 Laptop Dell D600 16GHR41 Laptop Dell D810 6LSP671 Laptop Dell D810 4VYDS81 Laptop Dell D810 6P76M91 Laptop Dell D810 HLSP671 Laptop Dell D810 BBWKS81 Laptop Dell D810 3LSP671 Laptop Dell D820 3T99WD1 Laptop Dell D820 HVC13B1 Laptop Dell D820 HMBTGC1 Laptop Dell D820 2VBTGC1 Laptop Dell D820 7HBTGC1 Laptop Dell Inspiron 1100 2Q8HN31 Laptop Viewsonic G225f Q42062501505 CRT Viewsonic Q71 P4K042900192 CRT Viewsonic Q71 P4K042900194 CRT Sony CPD -E100 4039233 CRT Samsung 995DF AN19HMCW304087E CRT Samsung 950BS AN19HVDX300383N CRT Dell E772P 4892A051 CRT Dell E772P 32HL3RP CRT Dell E772P 337L08W CRT Dell E773C 59H04KL CRT Viewsonic Q71 P4K042900189 CRT Dell E772P 32HL2D2 CRT Sony CPD -210GS 4087836 CRT Dell E772P 32HL3RX CRT Dell E772P 2CIL3TY CRT Viewsonic G225F Q42062501506 CRT