Loading...
01-10-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 The Clermont City Council met in a regular meeting on Tuesday, January 10, 2012 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 City Clerk Ackroyd INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. RECOGNITION City Manager Saunders received notification from the Flonda Department of Environmental Protection announcing the City of Clermont East Wastewater Treatment Facility received the 2011 Domestic Wastewater Plant Operations Excellence Award. Mr. Saunders presented the award to Utilities Director Kinzler and Operations Manager Reed in recognition of outstanding operation and dedicated professionalism. MINUTES December 13, 2011 Council Meeting Council Member Goodgame moved to approve the minutes of December 13, 2011 as wntten; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PROCLAMATION Mayor Turville read the proclamation aloud declaring January 20, 2012 as Arbor Day PUBLIC COMMENTS Bill Hartman, Early Learning Coalition of Lake County, thanked Mayor Turville and the City Council for giving $8,000 towards the match program which will bnng back $128,000 into the city Charlene Forth, 939 W Desoto Street, objected to the minutes of November 29, 2011 being approved and requested an amendment. Jim Purvis, 4206 Hammersmith Dnve, expressed concern with the new water meter system and asked for an update on the status of the sound system. City Manager Saunders noted staff is looking into it. Mayor Turville explained as a matter of policy, staff handles these types of issues. Tim Murry, 574 E. Desoto Street, thanked the Council on behalf of the Christian Men in Action and invited all to attend the Martin Luther King event on Monday, January 16. Linda Charlton expressed concern with traffic at the intersection of Highway 27 and State Road 50 due to an accident scene 1 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 REPORTS City Manager Saunders scheduled the annual retreat on February 6 in the Council Chambers at 9am City Attorney Mantzans — No Report Council Member Hogan — No Report Council Member Goodgame expressed concern with speeding through the city. The Historic Village production of the Sally and James Townsend play will be held on February 25 and 26 as well as the dedication of the ,Cooper Building. ,Also, he commended the community groups organized by the food providers for the collection and distnbution of toys and food in the south Lake County area. Council Member Mullins — No Report Council Member Van Wagner expressed appreciation to the community groups for their compassion to help others. He asked for a workshop regarding the memorandum of the Police Department personnel City Manager Saunders noted staff will venfy potential dates with Council to schedule 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 Harassment Administrative Services Policy. Item No. 2 — Bid Award Request authorization to award Rachael's Purchasing Division Collision Center, LLC, Ford of Clermont, Inc. and Universal Autobody Services of Clermont, LLC the bid to provide auto body repair services Item No. 3 — Approval Request Request to reject all RFB responses for City Purchasing Division Hall Preventative Maintenance and Repairs Item No. -4 — Approval Request Request to piggyback the Lake County BCC Purchasing Division term contract with Bee -Saf -Tee Fire Equipment for Fire Suppression System Service for Equipment to provide inspection, maintenance and repairs Item No. 5 — Approval Request Request approval of consent to assignment of Purchasing Division agreement for contractor name change from ITT Flygt, LLC to Xylem Water Solutions USA, Inc for flygt pumps, parts and repairs 2 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 Item No. 6 — Approval Request National Training Center Request to continue the Partnership Usage Rate for use of City's facilities based on availability beginning February through February 2013 Item No. 7 — Approval Request Request approval of a Disposal Agreement with WSI for street sweeping Item No. 8 — Authorization Request Request approval of Task Authorization No 2 Environmental Services agreement in the amount of $171,185 with Danus Utilities for lift station rehabilitation Item No. 9 — Approval Request Request approval to purchase an Odor Control System for $8,750 from Heyward Inc for lift station E -14 located on Citrus Tower Blvd. Item No. 10 — Purchase Approval Request authonzation to purchase a charger and batteries for the Thermal Imaging Camera for $869.00 from Ten -8 Fire Equipment, Inc using funds from the "Donated Funds Account ". Item No. 11 —Approval Request Request approval of Task Orders 4 & 5 for Pilot Restoration Sites at Inland Groves Property Item No. 12 — Approval Request Request approval of Task Order 2A with Inland Groves GatorSktch and Mitigation Resources for professional services related to additional wetland permitting at Inland Groves Property Chase Forth requested to pull Item No. 1 and Jim Purvis requested to pull Item No. 3 Council Member Goodgame moved to approve all items on the consent agenda with the exception of 1 and 3, seconded by Council Member Mullins. The motion passed with all members present voting ave Item No. 3 - Jim Purvis expressed concern with water intrusion at City Hall and inquired about rejecting the bid requests. City Manager Saunders explained staff is rebidding it There was confusion with the specifications and staff felt it would be best to clanfy the specifications and rebid. Those repairs and preventive maintenance items will be taken care of Item No. 1 - Chase Forth, 939 W. Desoto Street, asked for an explanation of language amendments. City Attorney Mantzans stated the change is to expand the requirement of supervisors to notify the Administrative Services Director of a harassment complaint The supervisor's responsibility is expanding This language places a greater burden on the supervisor It is a greater protection to the employee. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 Charlene Forth, 939 W Desoto Street, inquired the name of the City's Labor Attorney and questioned if the change is due to pending litigation City Attorney Mantzans responded with Ford and Harnson and stated no Linda Charlton questioned whether a specific group of people are covered by the harassment policy City Attorney Mantzans stated it depends on the facts associated with it and the method of the alleged harassment complaint. These policies are in place to protect the employees and the employee, has a method to repor[ and the complaint to be investigated and the city supervisors will be informed. Council Member Mullins moved to approve items 1 and 3 on the consent agenda as written; seconded by Council Member Goodgame The motion passed with all members present voting aye. NEW BUSINESS Item No. 13 — Variances Request Crown Lounge Planning and Zoning Director Hitt presented the vanances request for an off -site sign at the northeast corner of State Road 50 and Millholland Dnve. The requested vanances are to allow an off -site sign rather than none,' to allow for a sign to have a 4 foot setback from the road nght -of -way, rather than 5 feet; to allow for an off -site sign on a lot less than 5,000 square feet; to allow for a sign to be only 10 feet from the intersection of street nght -of -way line for U.S. Highway 50, rather than no closer than 50 feet; and to allow for a zero (0) foot side yard setback to the adjacent property, rather than 12 feet. This request is to replace an off-site sign that was removed by the Flonda Department of Transportation (FDOT) by mistake The pole sign was non - conforming and the proposal is to replace the sign on the same 5 foot by 15 foot parcel. According to the Land Development Code section 102 -24 nonconforming sign (b) (6), a nonconforming sign shall not be reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50 percent of the replacement cost The onginal pole sign was completely destroyed. The applicant proposed to replace the pole sign with a new monument sign sized to conform to the code However, due to the location of the small parcel, it will be within the 50 foot intersection setback requirement for State Road 50, and within the required setback from the Millholland Avenue nght -of- way. Staff recommended denial of the request If granted, staff recommended they have a sunset provision of five (5) years at which time the sign should be removed without another vanance Franklin Starr, Assistant General Counsel of the Flonda Department of Transportation, explained they did not intend to demolish the sign and requested a vanance to place an aesthetically pleasing sign that would conform to current monument requirements. Hal Collins, P E. Consultant with the Flonda Department of Transportation (FDOT), commented on restoring the sign that was mistakenly removed by the demolishing contractor Todd Pearce was present on behalf of Crown Lounge requesting approval. Mayor Turville opened the public heanng 4 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 Jim Purvis, 4206 Hammersmith Drive, suggested the Council allow the owner to have a sign on his place of business instead of an off-site sign. Mayor Turville closed the public heanng Mayor Turville favored the request to replace the sign with a ground sign Council Member Mullins suggested a land swap to allow the owner to place a sign further away from the highway on the vacant land instead of on the curb. Mr. Starr stated the Department of Transportation (FDOT) is committed to financial restonng the sign. The idea of land swap sounds good however it would be a difficult situation due to complex regulations. He requested the Council to grant the vanance Mayor Turville disagreed with the land swap as it will cost additional tax payer dollars Council Member Van Wagner disagreed with the sunset provision to remove the sign after five (5) years. City Attorney Mantzans remarked one of the reasons staff recommended that condition is to avoid the issue of the off -site sign being used to advertise another business. In the alternative, staff would rather see a condition tied to the business. Council Member Mullins moved to grant the 5 vanances requested and add a clause that ties this sign specifically to the business currently known as the Crown Lounge for exclusive use of that business, seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 14 — Variances Request Holiday Inn Express /RBC Bank Sign Planning and Zomng Director Hitt presented the variance request for an off -site sign located at the southeast corner of State Road 50 and Millholland Dnve The three (3) variances requested are: to allow an off -site sign rather than none; to allow for a sign to be only 10 feet from the intersection of the street right -of -way line for U S. Highway 50, rather than no closer than 50 feet; and to allow for a sign to have a 5 foot setback from the road nght -of -way, rather than 10 feet The request for an off -site sign is for the existing non-conforming sign currently used by the owners of Holiday Inn Express and the RBC Bank. The sign was granted a vanance on Apnl 13, 2004 and will expire April 13, 2011 and the sign was to be removed in accordance with the motion at that time. The owners wanted to pursue another variance but this application was delayed because the FDOT drawings were not complete at that time showing the nght -of -way that was negotiated as part of the eminent domain process. At this time, the FDOT layout is complete. The front setback to the sign is about 5 feet due to the land being taken by FDOT for the new State Road 50 right -of -way. The distance from the new extension of Millholland Avenue will be 10 feet Staff has concerns that this creates an unsafe intersection. This parcel is also nonconforming in size for a C -2 Commercial parcel. The off-site sign is approximately one - quarter mile away from the Holiday Inn Express and the RBC Bank. Staff recommended denial of the vanance request and further recommended this sign be removed within 90 days as required by the vanance from 2004. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 Applicant Pat Stapleton, General Manager of Holiday Inn Express, was present. Holiday Inn and RBC Bank have retained the services of Patncia Ortiz to discuss this further. Patncia Ortiz was present on behalf of the applicant. She informed Council the sign is necessary because the proposed realignment of State Road 50 and Highway 27 prevent access from the service road. She requested approval of the vanance noting it does not diminish property values or interfere with site visibility In addition, it serves as a landmark for other businesses in the area Jimmie McCurter was present on behalf of PNC Realty which will be acquiring RBC Bank, requested approval. Mr. Starr noted FDOT acquired the minimum amount of the parcel consistent with constructing the roadway The appraiser valued the narrow stnp of land taken by FDOT at less than $10,000 and received a demand for the owners for $400,000. It is currently in litigation Action taken by the Council will have an impact on the litigation. FDOT will be paying in the appraisal for the landscaping. Mayor Turville opened the public heanng. Cuqui Whitehead, 837 5 Street, spoke in favor of the sign. Jim Purvis, 4206 Hammersmith Dnve, expressed opposition to the variance Ms Ortiz noted when the previous variance was granted, it was a 10 year sunset and had no way of knowing the future road alignments would be taking place She asked to consider approving the request. Mayor Turville closed the public heanng Mayor Turville supported the request noting the land has limited potential use Council Member Mullins and Van Wagner spoke in favor of the request. Council Member Van Wagner moved to grant the vanances requested in this application, seconded by Council Member Mullins Under discussion, City Attorney Attorney requested to include the condition with regard to the use of the sign. Mayor Turville stated it will include language to tie the sign to the two businesses at that location. The motion passed with all members present voting aye. Item No. 15 — Variances Request Meadows Principal Planner Henschel presented the vanance request at the location of 2317 South Lakeshore Dnve. The request is to allow for a swimming pool to be located in front of the front building line rather than behind the front building line. City code requires all swimming pools to be located behind the front building line The applicant does have an unusual house onentation in that the "front" of the house faces away from the street and the "back yard" is designed to be the front yard Several houses south of this stretch of Lakeshore Drive have been designed to utilize the front yard for the swimming pool area to take advantage of the Lake Minnehaha view The other houses do reside within the county junsdiction which allows swimming pools in the front yard without a variance 6 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 The swimming pool will meet the minimum required R -1 zoning front building setback of 25 feet from Lakeshore Drive. The proposed retaining wall will be 43 feet. The Land Development Code requires a positive finding on eight items in order to grant a vanance, and staff believes that there are three of the eight that do not meet these findings. Therefore, staff recommended denial of this variance request to allow a swimming pool to be located in front of the front building line. Meredith Nagel, P.A., spoke on behalf of the applicant and land owner. She displayed an artist's rendition of how it will look from the road. The pool will be invisible from the road with the retaining wall. Micki Blackburn stated it will improve the property value. Ron Meadows, owner, requested approval of the vanance. Mayor Turville opened the public heanng Cuqui Whitehead, 837 5th Street, supported the variance request Jim Purvis, 4206 Hammersmith, encouraged Council approval Mayor Turville closed the public heanng. Council Member Van Wagner asked staff if they received any comments from neighbors Planning and Zoning Director Hitt stated there were no comments. Council Member Goodgame moved for the approval of the vanance for the pool to be in front, seconded by Council Member Hogan. Under discussion, approval includes drawings as depicted The motion passed with all members present voting aye Mayor Turville recessed the meeting at 9:06pm, the meeting reconvened at 9 17pm Item No. 16 — Resolution No. 2012 - 01 TD Weaponry Mayor Turville read Resolution 2012 -01 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to the Conditional Use Permit to include definitions and clarify uses for the un range within the C -2 General Commercial Zoning Distnct. g g g Planning and Zoning Director Hitt presented the request to amend the Conditional Use Permit (CUP) to include definitions and clanfy uses for the gun range within the C -2 General Commercial Distnct This CUP was previously approved in October 2010. The request is to include definitions for Fully Automatic and Semi - Automatic firearms The applicant would like to include those firearms up to semi - automatic, but exclude fully automatic Staff and the Planning and Zoning Board recommended approval 7 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 Tim Cantrell was present on behalf of the applicant and available for questions Mayor Turville opened the public heanng Tim Murry, 574 E Desoto Street, urged Council not to grant this change to the Conditional Use Permit Cuqui Whitehead, 837 5 Street, expressed opposition Mack Dale, 13116 Summer Lake Way, owns property adjacent to this parcel and spoke in favor of the request with the language change Mayor Turville closed the public heanng. Council Member Goodgame suggested adding the term "once" in item C of the Conditional Use Permit Mayor Turville question when this will expire Planning and Zoning Director Hitt stated there is a time limit if not constructed within two (2) years, it does expire By modifying this CUP, the two (2) year time limit would begin tonight unless Council wishes not to. In regards to the suggestion made by Council Member Goodgame, City Manager Saunders clanfied it would fire continuously when the tngger is pulled once Mr Cantrell stated fully automatic is when the tngger is depressed one time and continuous fire follows until the magazine holding the rounds expires. He supported the language amendment suggested by Council Member Goodgame Council Member Goodgame moved to approve the Resolution 2012 -01 with items 6C line 2 at the end of when the tngger is pulled add the word "once "; seconded by Council Member Mullins Under discussion, Mayor Turville did not support the changes to the CUP As the motion stated, it would expire two (2) years from tonight. The motion passed 4 to 1 with Mayor Turville opposed. Item No. 17 — Resolution No. 2012 -02 Fountain of Hope Ministry Mayor Turville read Resolution 2012 -02 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 church facility within the C -2 General Commercial Zoning Distnct Principal Planner Henschel presented the request to operate a house of worship in the C -2 zoning district. The applicant proposed to occupy approximately 1,500 square feet of vacant building space located across Highway 27 from the Citrus Tower Village Publix With this existing business operating at normal business hours, and the church operating at typical non - business hours, staff believes there will not be any parking issues on or off -site Staff recommended approval. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 Applicant Abel Rivera was present and available for questions. Mayor Turville opened the public hearing There were no comments Mayor Turville closed the public hearing Council Member Hogan moved to approve Resolution 2012 -02; seconded by Council Member Mullins The motion passed with all members present voting aye Item No. 18 — Resolution No. 2012 -03 Mayor Turville read Resolution 2012 -03 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Flonda, urging tobacco retailers to stop the sale and marketing of flavored tobacco products in the City of Clermont Melanie Chen, Lake County Health Department, informed Council this Resolution urges retailers to stop the sale of candy flavored tobacco as part of a state wide initiative. 27 counties and 55 cities throughout the State of Flonda have formally adopted this Resolution. She requested Council to consider approval. Mayor Turville opened the public heanng Cuqui Whitehead, 837 5 Street, supported the request Mayor Turville closed the public heanng. Mayor Turville and Council Member Hogan expressed opposition to the Resolution noting the products being sold are legal Council Member Goodgame moved for approval of Resolution 2012 -03, seconded by Council Member Mullins. The `motion passed 3 to 2 with Mayor Turville and Council Member Hogan opposed. Item No. 19 — Ordinance No. 2012 -03 M Introduction Mayor Turville read Ordinance 2012 -03M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending the Comprehensive Plan of the City of Clermont, Flonda, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes by adopting text changes to the goals, objectives and policies of the Capital Improvements Element of the Comprehensive Plan, setting forth the authonty for adoption of the Comprehensive Plan Amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments, establishing the legal status of the Comprehensive Plan Amendments, providing for severability, conflict and an effective date. Council Member Mullins moved introduction of Ordinance 2012 -03M; seconded by Council Member Goodgame The motion passed with all members present voting ave 9 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 Item No. 20 — Ordinance No. 2012 -04 M Introduction Mayor Turville read Ordinance 2012 -04M aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, annexing and transfemng jurisdiction by voluntary petition County Road 50 ( #1551) (Old Highway 50) lying east of North Hancock Road and West of North Greater Hills Boulevard lying in Sections 15, 16, and 22, Township 22 South, Range 26 East; and County Road 561A ( #1733) (Lake Minneola Shores) lying North of Dianna Place and South of Lake Minneola Shores, Lake County, Florida, said nght -of -way being contiguous to the City of Clermont and being annexed in accordance with the voluntary annexation provisions of Section 171 044, Flonda Statutes redefining the boundaries of the City of Clermont to include said nghts -of -way; providing for findings, legal description and a map; directing the City Clerk to record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Lake County, and with the Department of State; providing for recording, conflicts, severability; and an effective date Council Member Mullins moved introduction of Ordinance 2012 -04M, seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 21— Ordinance No. 2012 -05 M Introduction Mayor Turville read Ordinance 2012 -05M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, annexing and transfemng junsdiction by voluntary petition Excalibur Road ( #1248B), a portion of Steve's Road ( #1248); portions of Hooks Street ( #1346), and a portion of Citrus Tower Boulevard ( #1350), lying in Sections 28, 29 and 32, Township 22 South, Range 26 East, Lake County, Flonda, said right -of -way being contiguous to the City of Clermont and being annexed in accordance with the voluntary annexation provisions of Section 171 044, Florida Statutes: redefining the boundaries of the City of Clermont to include said rights -of -way, providing for findings, a legal description and a map; directing the City Clerk to record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Lake County, and with the Department of State; providing for recording, conflicts, severability; and an effective date Council Member Mullins moved introduction of Ordinance 2012 -05M, seconded by Council Member Goodgame The motion passed with all members present voting aye. Item No. 22 — Ordinance No. 2012 -06 M Introduction Mayor Turville read Ordinance 2012 -06M aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, annexing and transfemng junsdiction by voluntary petition North Hancock Road ( #1354) and Hancock Road ( #1254), lying in Sections 27, 28, 33 and 34, Township 22 South, Range 26 East, and in Sections 3, 4, 9 and 10, Township 23 South, Range 26 East; and portions of Hartwood Marsh Road, lying in Sections 9, 10 and 11, Township 22 South, 10 City of Clermont MINUTES REGULAR COUNCIL MEETING January 10, 2012 Range 26 East, Lake County, Flonda, said right -of -way being contiguous to the City of Clermont and being annexed in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes. redefining the boundaries of the City of Clermont to include said nght -of -way; providing for findings, legal description and a map; directing the City Clerk to record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Lake County, and with the Department of State; providing for recording, conflicts, severability; and an effective date. Council Member Mullins moved introduction of Ordinance 2012 -06M; seconded by Council Member Goodgame. The motion passed with all members present voting aye Item No. 23 — Ordinance No. 2012 -07 M Introduction Mayor Turville read Ordinance 2012 -07M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, providing for the annexation of State Rights -Of -Way being State Road 50 from East of Grand Highway to East of South Greater Hills Boulevard, and U.S. Highway 27 from Steve's Road to South of Hartwood Marsh Road, to include state owned retention ponds adjacent to the right -of -way, said right -of -way being contiguous to the City of Clermont and being annexed in accordance with the voluntary annexation provisions of Section 171 044, Florida Statutes: redefining the boundaries of the City of Clermont to include said right -of -way, providing for findings, legal description and a map; directing the City Clerk to record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Lake County, and with the Department of State; providing for recording, conflicts, severability, and an effective date. Council Member Mullins moved introduction of Ordinance 2012 -07M; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Item No. 24 — Mayor Pro -Tem Appointment Council Member Hogan moved to appoint Council Member Goodgame as Mayor Pro Tem; seconded by Council Member. The motion passed with all members present voting aye. ADJOURN: With no further comments, this meeting was adjourned at 9:49pm APPROVED: J ars S Turvil e, ayor ATTEST: c am. ' L�� ' // 1 Tracy Ackrpy City Clerk / s r - �, 11 c