Loading...
06-26-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 26,2012 The Clermont City Council met in a regular meeting on Tuesday, June 26, 2012 m 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 Van Wagner. 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. MINUTES Approval of Minutes for June 12, 2012 Council Meeting Council Member Mullins moved for the acceptance of the minutes of June 12, 2012, seconded by Council Member Goodgame. The motion passed with all members present voting aye. PUBLIC COMMENTS Cuqui Whitehead, 837 5th Street, thanked Council Member Van Wagner for allowing the Canbbean Club to have their event at his church. Christopher Barrett thanked Mayor Turville for the proclamation and Mr. Van Wagner for allowing the festival at his church. REPORTS City Manager Saunders congratulated City Clerk Tracy Ackroyd for receiving the Florida Association of City Clerks President's Award. Also, Mr. Saunders reported at the last meeting a group of individuals questioned the credentials of a Police Officer. Police Chief Graham looked into the allegations; an internal investigation has been ordered and is going through the process. When completed, he will report back to the Council. City Attorney Mantzans reminded Council the Financial Disclosure form is due July 1. Council Member Hogan commented there is plenty of water at Center Lake now to have the fountain turned on. Council Member Hogan moved to turn the fountain back on; seconded by Council Member Goodgame. Under discussion, Council Member Goodgame questioned whether there is sufficient amount of water City Manager Saunders stated staff would look at it to make sure it would not damage pumps. The motion passed with all members present voting aye. . Council Member Goodgame reported on the Tourism Development Board resort tax. He also commented on Consery II as it relates to obtaining reclaimed water 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26,2012 Council Member Mullins—No Report Council Member Van Wagner complimented the Caribbean Amencan Association event. Mayor Turville congratulated City Clerk Ackroyd on receiving the award and for being elected to the Flonda Association of City Clerks Board of Directors. Mayor Turville asked Police Chief Graham to read a memorandum aloud that was distributed to the City Council from Chief Graham m regards to concerns of police issues. 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—Event Request Request from the Clermont Downtown Clermont Downtown Partnership Partnership for approval of the Annual Downtown Partnership Art Show November 3rd&4th and request for assistance. Item No. 2—Event Request Request use of Waterfront Park& South Lake Building Blocks Ministries Trail and waiver of rental&parking fees for a 5K walk/run event on Saturday, October 27th from 8:30 a.m.to 10:00 a.m. Item No. 3—Grant Opportunity Request authonzation to apply for the Fire Department Assistance to Firefighters Grant(AFG). Item No. 4—Grant Opportunity Request authorization to accept funds from Police Department U.S. Department of Justice, Edward Byrne Memonal Justice Assistance Grant (JAG) in the amount of $10,753.00 to purchase electronic sights for patrol rifles. Item No. S—Plat Approval Request approval of recording of plat for Hunter's Run Phase 1 Hunter's Run. Item No. 6—Approval Request Request approval to designate Premier Purchasing Division Magnesia, LLC as a sole source for Thioguard chemical application for wastewater treatment, and award Premier Magnesia, LLC a term contract for the purchase of Thioguard. Item No. 7—Scope of Services Request approval of Scope of Services from Engineering Department CT Hsu for their structural engineer, BBM of Orlando to perform the required threshold inspections for the Clermont Community Center. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26,2012 Item No. 8—Bid Award Request authorization to award Traffic Public Services Devices, Inc. the bid for Fire Station #1 Mast Arm Traffic Signal Repair for$10,757.25. For clanfication, consent agenda item no. 1 should be Desoto Street not Minneola Avenue. Jim Purvis pulled item no. 8 from the consent agenda and Council Member Mullins pulled item no. 5. Council Member Goodgame moved to approve consent agenda items 1 through 4, 6 and 7 as amended; seconded by Council Member Mullins. The motion passed with all members present voting aye. Consent Agenda Item No. 5 — Council Member Mullins expressed concern with people cutting through the neighborhood at the corner of Hartwood Marsh and Hancock Road. Council Member Goodgame commented the county will begin building turn lanes and that should eliminate the problem. Consent Agenda Item No. 8—Jim Purvis,4206 Hammersmith Dnve,questioned the traffic signal. City Manager Saunders responded the Department of Transportation(DOT) inspects all signal structures every five years and mandates repairs to be made. They produced specifications with regard to safety and they provided us with a list of improvements and repairs. The city obtamed three quotes and this is the lowest quote The signal is owned by the City of Clermont. Council Member Goodgame moved for approval of item 5 and 8 of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting aye. NEW BUSINESS The next two items were presented together and voted on separately. Item No. 9—Resolution No. 2012-17 South Lake Hospital Mayor Turville read Resolution 2012-17 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County,Flonda, granting an amendment to a Conditional Use Permit for a Planned Unit Development (Resolution No. 1551)to allow the addition of four multi-purpose sports fields. Item No. 10— Variances Request Planning and Zomng Director Hitt presented the request to amend a Conditional Use Permit for a Planned Unit Development to allow the addition of four multi-purpose sports fields Staff recommended approval for the Conditional Use Permit. Parking is being provided at 60 spaces per field. The proposed Conditional Use Permit includes a provision that if this proves to be inadequate, the City can reopen the Conditional Use Permit to address the issue.Mr.Hitt reviewed the vanances requested in association with the Conditional Use Permit amendment for the multi-purpose fields which include: 1) Cut and fill in excess of 15 feet; 2) Grass parking with stabilized dnve isles; 3) Light poles in excess of 30 feet; 4) No perimeter buffer landscaping; 5)No parking lot landscaping and 6)Retaining wall higher than six feet. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26,2012 Staff recommended approval of vanances 1, 3 and 6 and recommended denial of vanances 2,4 and 5 Rick McCoy was present on behalf of the applicant. The hospital is m agreement to pave the dnve isles. He requested limiting the landscaping to shade the parking area only along Legends Way but not the fields.There are limited funds. John Moore, 1984 Brantley Circle,CEO of South Lake Hospital,was available for questions. Mayor Turville opened the public heanng. Cuqui Whitehead, 837 5th Street,expressed concern with no landscaping on Legends Way. Jim Purvis, 4206 Hammersmith Dnve, agreed with Ms. Whitehead's remarks. He urged Council to request the road be developed according to the plans next to the proposed field and suggested a pioneer agreement. Mayor Turville closed the public hearing. Mayor Turville expressed concern that landscaping along Legends Way would concentrate the spectator participation to the field side. Rick McCoy suggested a compromise by using a smaller amount of landscaping as there are limited funds.The existing fields are fenced. John Moore noted the existing fields have fencing and netting to keep the balls from the roadway. Council Member Goodgame expressed safety concerns in the event of a fire and suggested a 5 to 7 year plan for the road between Legends Way and Highway 50. John Moore stated the hospital does not own the property however this would provide an opportunity to develop a pioneer agreement. Currently, the hospital is building Don Wickham Road out to Oakley Seaver and opening the access road Council Member Mullins stated the county is giving the hospital funds for the temporary soccer fields and questioned plans for a permanent location. John Moore stated they were approached to assist with this and offered to help build the soccer fields as there is a need for it.He expressed a willingness to work with the city and abandon a field site. Mayor Turville questioned creating a landscape buffer. City Manager Saunders stated the city code requires 20 feet and a portion of the 20 feet can be grass. He suggested using part of the landscape buffer as a seating area. The Council expressed concerns with the landscape buffer. Council Member Goodgame suggested having the applicant work out the details with staff. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26,2012 Planning and Zomng Director Hitt noted the Planning and Zoning Board recommended an amendment to the Conditional Use Permit in section 2 number 4 concerning the pedestrian access with adding the following language: or the pedestnan traffic to field number 3 south of Legends Way proves inadequate or dangerous. Council Member Goodgame would like to mclude an amendment on page 5 of the Resolution for the road to be constructed within 7 years between Legends Way and Highway 50. Council Member Hogan moved to approve the Conditional Use Permit amendment with the road to be constructed within 7 years and with pedestnan access being a consideration if there are problems and language Mr. Hitt suggested from the Planning and Zomng Commission; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Mullins moved to grant variance number 1; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Mullins moved to amend to allow for grass parking area and paved drive isles of vanance number 2; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Mullins moved to grant variance number 3; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Council Member Goodgame moved to approve variance number 4 as amended to allow no landscape on the perimeter boundary except for along Legends Way and they will work with staff to develop the landscaping requirements along Legends Way; seconded by Council Member Van Wagner. Under discussion, Council Member Goodgame clarified it is just for the fields. The motion passed with all members present voting aye. Council Member Mullins moved to approve variance number 5; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Council Member Goodgame moved to approve variance number 6; seconded by Council Member Mullins.The motion passed with all members present voting aye. They agreed to address landscaping along the connecting road between Legends Way and Highway 50 when it returns to Council. Item No. 11— Variance Request Watson Realty Corp Pnncipal Planner Henschel presented the vanance request for 1390 Hancock Road. The owner has proposed to construct two monument signs for their office building These signs as proposed do not meet code and require several vanances. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26,2012 The owners state the Land Development Code does not recognize business types that legitimately need copy area in their signs due to changing inventory and homes listed for sale. The overall dimensions will meet code requirements but the internal components are where the applicant is requesting three variances. The vanances requested are to allow for a changeable copy office sign; to allow for more than 25 percent changeable copy area on a monument sign and to allow for an electromc sign. Staff recommended denial. Applicant, Jimmy Crawford, was present on behalf of Watson Realty. He clarified the request and briefly explained the reasons the variances should be granted. Furthermore, if allowed, he suggested regulating electronic signs to prevent flashing signs.Mr. Crawford was available to answer questions. Sharon Backey,Vice President and Managing Broker of Clermont Watson Realty, was present requesting Council approval for the variances adding the new signage would help business. Jimmy-Crawford requested Council move forward on the request. Mayor Turville opened the public heanng Cuqui Whitehead, 837 5th Street, supported the request. Jim Purvis, 4206 Hammersmith Drive, expressed safety concerns as it could distract traffic and agreed to move into the future. Mayor Turville closed the public hearing. Mayor Turville noted it is a difficult intersection and expressed concern with changeable copy signs as it could potentially distract traffic. Mr. Crawford addressed the concerns stating the changeable copy does not change. The sign is being proposed at the north entrance of the building to minimize the confusion at the intersection. Council Member Mullins disagreed with a changeable copy sign and supported installing two signs at the current city code. Council Member Van Wagner spoke m support of a stationary and regulated electronic sign. Mayor Turville commented the city has not adopted a standard associated with electronic signs and asked staff the status of it. Planning and Zoning Director Hitt stated he has been researching information as it relates to brightness, speed and including pictures associated with electronic signs Council Member Hogan opposed the request. Council Member Goodgame supported a changeable copy sign according to city code, abandon the LED lighting and allow it to change once per day. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26,2012 Council Member Goodgame moved to allow two full size monument signs under vanance one and the signs would be per code and not changing the size of the monuments prescnbed in our code; it would stay the same and could change the signs once a day but no LED lights; seconded by Council Member Van Wagner. Under clarification, variance 2 and 3 is being denied and only allowing item 1 to allow two full size monument signs to restrict changeable copy to one per day. The motion passed 4 to 1 with Council Member Hogan opposing. Item No. 12—Support Request City of Groveland City Manager Saunders received a request from the City of Groveland to contact cities in south Lake County to help sponsor the July 4th event. Mayor Turville opened the public heanng. Jim Purvis,4206 Hammersmith Drive, questioned why the city is being asked to contribute versus having their own event. Cuqui Whitehead, 837 5th Street,expressed support. Council Member Mullms supports their event but not with city funds. Council Member Mullins moved to not make a financial contnbution to the City of Groveland; seconded by Council Member Hogan. The Council expressed interest in having a July 4th event m lieu of contributing city funds to their event. The motion passed with all members present voting aye. Item No. 13—Ordinance No. 2012-06M Introduction Mayor Turville read Ordinance 2012-06M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, under the Code of Ordinances of the City of Clermont, granting a garbage collection franchise to Sunshine Recyclmg, Inc. providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins Goodgame moved to introduce Ordinance No. 2012-06M, seconded by Council Member Mullins. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 8:53pm. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING June 26,2012 " - APPROVED: - •� "` urvil' , ay•r r J ATTEST: L Tracy •Boyd,City Cler ' 8