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02-28-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING February 28, 2012 The Clermont City Council met in a regular meeting on Tuesday, February 28, 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 Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. MINUTES Approval of Minutes for February 14, 2012 Council Meeting Council Member Goodgame moved the minutes of the regularly scheduled meeting of February 14, 2012 be approved as written; seconded by Council Member Mullins. The motion-passed with all members present voting aye. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, personally thanked council and staff for years of support he served on the Code Enforcement Board. Furthermore, he commented on the signs posted at the end of Montrose Street. Council Member Goodgame thanked Jim Purvis for 7 years of service on the Code Enforcement Board. Bruce Greer, Executive Director of the South Lake Community Foundation, thanked the city for helping the Food Providers with collecting food for the community REPORTS City Manager Saunders recognized Council Member Goodgame for the recent appointment as Chairman of the Central Florida Metropolitan Planning Organization (MPO) Alliance. Furthermore, the Sanitation Department will be collecting food along with recyclables the week of March 5 — 10. Council Member Goodgame thanked City Manager Saunders and staff for their efforts in the spring food drive. City Attorney Mantzaris — No Report Council Member Hogan thanked Jim Purvis for his service on the Code Enforcement Board Council Member Goodgame reported on the dedication of the Little Cooper Memorial Library held last Saturday. Furthermore, he reported the Tourism Board tax collections have increased from last year. Council Member Mullins announced this Sunday is the Farmers Market and community yard sale. He thanked Mr. Purvis for his service. Council Member Van Wagner acknowledged Mr. Purvis in appreciation for his service. He also thanked Council and staff for caring about others with the food drive. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 28, 2012 Mayor Turville expressed appreciation to Mr. Purvis on doing a remarkable job. He commented the efforts of previous Council Members, City Manager Saunders and staff for the preservation of the Little Cooper Histoncal Building. He encouraged the community to view the Histonc Village. 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— Personnel Policy Request approval of changes to the Personnel Administrative Services Policy. Item No. 2 — Group Medical Plan Request approval of changes to the Employees Group Medical Plan. Item No. 3 — AFLAC Insurance Request approval to offer voluntary AFLAC Administrative Services Insurance plan to employees. Item No. 4 — Bid Award Request authorization to award Lester Painting, Inc. the bid to provide preventative maintenance and repairs to City Hall buildmg and approve appropnation of funds requiring a budget amendment in the amount of $79,303.00. Item No. 5 — Approval Request Request to piggyback the City of Tampa contract with Kimmins Contracting Corporation for the sale of scrap metal. Item No. 6 — Purchase Approval Request authorization to purchase a Brush Fire Department Truck for $73,138.24 from Bartow Ford. Council Member Goodgame moved that the consent agenda be approved as accepted seconded by Council Member Hogan. The motion passed with all members present voting aye. NEW BUSINESS Item No. 7 — Resolution No. 2012 -06 Kingdom Preparatory Academy Mayor Turville read Resolution 2012 -06 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 House of Worship and a School for kids 4 to 18 years of age within the C -2 General Commercial i g cal Zomng Distract. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 28, 2012 Principal Planner Henschel presented the Conditional Use Request (CUP) for a house of worship and school to be located within the C -2 General Commercial Zoning Distnct. This current location has been approved and utilized as a house of worship /church several times before however the last CUP has expired. The church will operate on Sundays and Wednesdays for bible study. The proposed school will target kids ages 4 through 18, that have a specific leaning disability. The school will operate during normal school hours Monday th=ough Friday from 8:00a.m. to 3:30p.m. Staff recommended approval. Applicant, Khalilah Cole, was present requesting approval. She agreed with all conditions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public heanng. Council Member Mullins moved to adopt Resolution 2012 -06; seconded by Council Member Van Wagner The motion with all members present voting aye. The next two items were heard together and voted on separately. Item No. 8 — Resolution No. 2012 -07 WaWa Mayor Turville read Resolution 2012 -07 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 -2 General Commercial Zoning Distnct. Item No. 9 — Variances Request Pnncipal Henschel presented the Conditional Use Permit (CUP) for a gas station and convenience store located at the southeast corner of U.S. 27 and Hooks Street. Staff recommended approval of the CUP. Mr. Henschel reviewed the vanances to include a gas pump under ,canopy, signage; an electronic sign and for less than 60 percent building facade landscaping. Staff recommended demal of the vanances requested. Jonathan Martin, Engineer for the project, was present and thanked staff for their assistance. Bnan Duke, Real'Estate Manager with WaWa Food Store, was present requesting approval. He reviewed a depiction of the store. It will generate approximately 30 to 40 full time jobs. Mr. Martin explained the reason for each of the three variance requests. Scott Gerard, Project Engineer for WaWa, explained the reason for the electronic sign variance request. Mr. Martin suggested working with staff to develop critena for the sign Mr. Gerard reviewed the importance of the safety aspects of the sign and will work with staff on technical standards of bnghtness. Mayor Turville opened the public heanng. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 28, 2012 Pnncipal Planner Henschel clanfied staff recommended approval of the CUP. Cuqui Wlutehead, 837 5 Street, was not in favor of the vanances requested. Jim Purvis, 4206 Hammersmith Dnve, spoke in favor of the conditional use permit and variances request. He expressed concern with floor to ceiling glass with no landscaping and suggested a compromise. Doug Dannon, 1555 S Grand Highway, Golden Corral Manager; requested Council consider a change in the code to allow electronic signage. Gail Ash, 3648 Solana Circle, supported the request for an electronic sign noting it is a safety factor. Mayor Turville closed the public hearing. Council Member Mullins commented there is plenty of landscaping just not nght up against the building Council Member Goodgame supported the landscaping and electronic sign however expressed concern with a sign on the canopy. Council Member Hogan spoke in favor of an electronic sign. City Attorney ,Mantzans spoke in regards to the electronic sign and suggested a better option for staff would be to revise the city code to allow for signs with certain conditions instead of the option for the applicant to work with staff on the technical details. Council Member Goodgame preferred to leave it up to staff. Mayor Turville expressed concern with other businesses requesting electronic signs City Attorney Mantzans suggested continuing the variance for a reasonable period of time. City Manager Saunders concurred and noted within 60 days, staff could have an ordinance to Council for adoption. The Council could table the sign vanance for 60 days and if the ordinance is adopted, the variance will not be needed. Council Member Van Wagner preferred to see the vanance move forward at this meeting. A WaWa Representative noted it would delay the project and would like to work with staff. Council Member Goodgame moved for approval of item 8; seconded by Council Member Van Wagner. Under discussion, Mayor Turville noted if the Council approves a new ordinance on electronic signs that would make it a non conforming use which could be an issue. The motion passed with all members present voting aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 28, 2012 Council Member Goodgame moved to disallow the canopy signage but to allow the electronic signage subject to working out the sign brightness with our staff and to allow for the landscaping as presented; seconded by Council Member Van Wagner. Under discussion, Council Member Mullins disagreed with the motion and preferred to give all three (3) variances. Council Member Van Wagner withdrew the second to the motion. Council Member Mullins moved to grant the variances but that the staff will work with them on the bnghtness of the electronic signs; seconded by Council Member Van Wagner. The motion passed 4 to 1 with Council Member Goodgame opposed. The next two items were heard together and voted on separately. Item No. 10 — Resolution 2012 -08 Race Trac Mayor Turville read Resolution 2012 -08 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting an amendment to Conditional Use Permit (2011 -13) to remove the acceleration lane requirement for a gas station and convenience store within a C -1 Light Commercial Zoning District. Item No. 11— Variances Request Planning and Zoning Director Hitt presented the request for a Conditional Use Permit (CUP) to remove the acceleration lane requirement for a gas station and convenience store located at the northeast corner of U.S. 27 and Citrus Tower Blvd. At the City Council approval meeting, the Council required full access at the northern access point, there would have to be an acceleration lane for the left turn movement heading north on Citrus Tower. City staff and the applicant have contacted Lake County and Lake County will not be able to put in an acceleration lane. Therefore, the applicant'is requesting this requirement be eliminated from the CUP and they be allowed a full access point at the northern location. Lake County has approved this full movement provided Clernont also approves it. The Planning and Zoning Board recommended approval. Staff recommended approval of this amendment eliminating the requirement for the acceleration lane on Citrus Tower Blvd. Planning and Zomng Director Hitt reviewed the three vanances requested to include a second and third wall sign rather than one, gas pump canopy signage rather than none and electronic signage rather than being prohibited. Staff recommended denial of the variances requested due to the 6 of the 8 vanance findings could not be met for the Land Development Code requirements. Jimmy Crawford, Esq., was present on behalf of Race Trac and the current land owners. He referenced an email received from Fred Schneider, Lake County Engineer, regarding the acceleration lane. Tom Hardy, Project Manager for Race Trac, reviewed the variances and requested approval. Mayor Turville opened the public hearing. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING February 28, 2012 Cuqui Whitehead, 837 5 Street, expressed opposition to the canopy sign request. Jim Purvis, 4206 Hammersmith Drive, was not in favor of the canopy sign request. Mayor Turville closed the public heanng. Council Member Goodgame expressed concern with the red lights under the canopy and adjusting the bnghtness of the electronic sign. Mr Crawford supported working with staff and adjusting the bnghtness as needed with staffs requirements. Council Member Mullins expressed concern with the number of signs requested Mr. Hardy requested consistency with the signs. Council Member Van Wagner suggested the Council consider a code change for electronic signage. Council Member Goodgame moved for the approval of Resolution 2012 -08: seconded by Council Member Mullins. The motion passed with all members present voting aye Council Member Goodgame moved to allow the 3 wall signs up to size permitted and to not approve the gas canopy signage or the nng around it and to allow for an electronic sign located at the corner of Highway 27 and Citrus Tower Blvd, item 2 with no ring around the canopy. City Attorney Mantzans noted the ring is permitted by code. The motion was seconded by Council Member Hogan. Council Member Van Wagner suggested a compromise. Mr. Hardy proposed removal of the B1 sign and allow the B2 and B3 signs on the north and south. Mayor Turville supported the canopy sign and electromc sign. Council Member Hogan withdrew the second to the motion. Council Member Van Wagner moved to approve item number 3 on the vanance to work with staff: seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Mullins moved to grant vanance number 2 for signs B2 and B3 which are placed on the north and south ends of the canopy but not on the side towards 27; seconded by Council Member Hogan. The motion passed 4 to 1 with Council Member Goodgame opposing. Mayor Turville passed the gavel to Mayor Pro Tem Goodgame 6 City of Clermont MINUTES REGULAR COUNCIL MEETING February 28, 2012 Mayor Turville moved to deny item number 1 wall signs on the structure itself; seconded by Council Member Hogan Under discussion, Council Member Mullins suggested without prejudice. Mayor Turville amended the motion to deny without prejudice; seconded by Council Member Hogan. Mayor Turville called for the question The motion passed with all members present voting aye. Item No. 12 — Council Appointments City Manager Saunders reported on two (2) openings on the Code Enforcement Board. One vacancy is for a two year term and the other is for one year term. Staff advertised and received three (3) letters of interest from William Rini, Amy Johnson and Larry Seidler. Council Member Hogan moved to appomt Larry Seidler to the 2 year term expiring in 2014; seconded by Council Member Goodgame The motion passed with all members present voting aye. ' Council Member Goodgame moved to appoint William Rim to a 1 year term ending 2013; seconded by Council Member Hogan. Under discussion, Council Member Mullins suggested having more diversity on the board. Mayor Turville concurred. Council Member Goodgame called for the question. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing ADJOURN: With no further comments, this meeting was adjourned at 9:20pm. APPROVED: arold S. Turville, Mayor ATTEST: / A ' Tracy Ac • . d, City Clerk 7