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04-23-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 23,2013 The Clermont City Council met in a regular meeting on Tuesday,April 23,2013 in the Council Chambers at City,Hall Mayor Turville called the meeting to order at 7:00 pm with the following Council Members , 1 present: Council Members Mullins, Goodgame, Bates and VanWagner. Other City officials present were City Manager Gray,City Attorney Mantzans and City Clerk Ackroyd. Mayor Turville recognized Boy Scout Troop 784 INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance PROCLAMATIONS Mayor Turville read a proclamation aloud declaring the week of May 5 — 11, 2013,as North American Occupational Safety and Health Week and proclaiming May 8, 2013 as Occupational Safety and Health Professional Day The proclamation was presented to Charlynn Whiting with the North American Occupational Safety Association. Mayor Turville read a proclamation aloud proclaiming May as Water Conservation Month. PRESENTATIONS Heather Wooding, Environmental Services Department, announced the winners of the Drop Savers Program Contest Economic Development Director Hitt provided a history of the Progress Energy substation Jerry Miller, Community Relations Manager of Progress Energy, addressed concerns and clarified there are no plans to expand the substation. City Manager Gray met with Mr Herda and provided him a copy of the responses sent to Council. Mayor Turville expressed concern with the tree trimming Mr Miller offered to have the tree tnmmers meet with city staff. , Wally Herda expressed concern with the cell tower on the site and requested a moratorium on the power station. - Mayor Turville stated the city does not have junsdiction or the ability to shut down the operations of a power supply. The power companies operate under state jurisdiction. He suggested directing Mr. Herda to speak with his state representative MINUTES Council Meeting Minutes of April 9, 2013 Council Member Goodgame moved to approve the April 9, 2013 meeting minutes as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye 1 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2013 PUBLIC COMMENTS Bonnie Ray, South Lake Historical Society, has put together an outline for individuals to wnte persona stones about Clermont. She will compile all of the articles for the South Lake Histoncal Society. She distnbuted an outline to the City Council Bill Manes, 1202 Shorecrest Circle, expressed concern with safety on County Road 561 with speeding. City Manager Gray noted Police Chief Broadway is working with him Wally Herda questioned the status of the red light cameras. City Manager Gray responded the city is currently going through the permitting process and will take approximately 60 days and then there will be a 30 day noticing penod. REPORTS City Manager Gray announced the Community Forum and invited all to participate. It will be held at the Community Center from 6.30pm—9:00pm on May 21. There will be an Open House of the Community Center on Apnl 25 at 5.30pm The-Kaboom Playground project will be on Saturday, May 4 with a kick off at 8:30am and the nbbon cutting at 2 30pm. There will be 250 volunteers to build the playground City Attorney Mantzans asked Council for a closed litigation meeting to discuss pending litigation at 6.O0pm A meeting has to be called to order and then temporanly recess for the closed session. Council Member Bates attended the League.of Cites luncheon with Lake EMS as the guest speaker He requested an update at a City Council meeting.There will be a Skateboarding 5K and 10k this Saturday at Lake Louisa State Park on April 27. Council Member Goodgame commented on the Histoncal Society dedication ceremony of the Hemng Hooks Schoolhouse. The Department of Transportation announced an early completion date of October 2013 for the Highway 27 and State Road 50 interchange. The proposed sand mine plant in the Sector Plan has been postponed to May 21 Furthermore, he requested City Manager Gray to contact Lake County Public Works to paint a white stripe along Hartwood Marsh Road noting visibility is difficult at night Council Member Mullins reported this Saturday, Apnl 27 is the Chalk Art Festival from 9 OOam to 2:00pm. Council Member Van Wagner—No Report Mayor Turville commented on the nbbon cutting ceremony of the new Clermont Community Center held last week. Mayor Turville asked the consultant to finish the presentation from the Council workshop regarding the impact fee study. The recommendation is to lower impact fees. Murray Hamilton,Public Resources Management Group, was charged with updating the city's utility and municipal impact fees. He reviewed the recommendations of a cumulative decrease in impact fees of $1,783 per residential dwelling The fees also apply to non residential properties for water, sewer, police and fire service. The recreation impact fee is applicable to new residential construction These fees also apply to new development;not existing customers of the city I , 2 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 23,2013 Mayor Turville and Council Member Goodgame spoke in opposition to lowering the recreation impact fee Murray Hamilton and Henry Thomas, Public Resources Management Group, explained the approach in the recommendation for lowering the fees The proposed fees are set based on cost. It is fact based and not policy driven. Council Member Mullins expressed concern with the proposed fee for recreation and supported the other recommended fees Mayor Turville requested to table this discussion. Council Member Van Wagner requested to review the 5 year plan. Council Member Goodgame moved to table; seconded by Council Member Mullins The motion passed with all members present voting aye City Manager Gray stated staff will place on a separate workshop. 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-Laboratory Services Approve piggyback with Plant City contract with Southern Analytical Laboratories,Inc to provide testing of water,wastewater,reclaimed water, and monitonng wells Item No. 2-Jenkins Auditorium Declare building and all its contents as surplus and approve contract for demolition of Jenkins Auditorium Item No. 3-Agenda Management Approve agreement and purchase of SuiteOne agenda management system Item No. 4-Resolution No. 2013-07 Approve Purchasing Policy changes Council Member Goodgame moved for the approval of consent agenda items 1 — 4; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. S— Variance Request Home Depot Planning and Zoning Director Hollerand presented the request to allow for less than 1 parking space per 200 square feet of retail space. The applicant proposed to expand their rental business by offering larger equipment and box trucks for consumers. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2013 The Home Depot offers rental equipment that is stored within the store or located just outside the building within a designated area. The request is to utilize an area of 12 parking spaces for the larger rental equipment. This equipment consists of box trucks, open bed trailers, bobcat-style loaders and wood chippers. The variance request would bring the total parking spaces from 598 spaces to 586 spaces. There are two of the eight conditions that have not been met by the applicant therefore staff recommends denial George Ulnch,Tool Rental Manager at Home Depot was present requesting approval Mayor Turville opened the public hearing. There were no comments Mayor Turville closed the public hearing. Council Member Goodgame questioned the handicapped spaces Planning and Zoning Director Hollerand noted they would be replaced. Mr. Ulnch read an electronic mail aloud received from the Property Management group of the vacant building where Sweetbay was located They did not support the request for the Penske trucks. Mayor Turville expressed concern with the request. City Attorney Mantzaris clarified the applicant withdrew the request for box trucks The request is for open bed trailers,bobcat-style loaders and wood chippers. Council Member Bates expressed support Council Member Van Wagner moved to approve the variance and replace the handicap parking; seconded Council Member Bates The motion passed 4 to 1 with Mayor Turville opposing. It was clarified there is not a limited time period associated with the motion. NEW BUSINESS Item No. 6-Memorial Bench Assistant City Manager Blankenship introduced the request for a memorial bench. Diane Travis spoke on behalf of the Harry Nickell Memorial Committee. May 15 is the Ride in Silence which is recognized throughout the United States and CNN will be in Clermont to report on the tn-athlete community. She requested a memorial bench at Waterfront Park with no cost to the city and would like to have it installed by May 15.The bench is mahogany granite.They discussed possible locations. Mayor Turville supported the request and encouraged a location that is not accessible by skateboarders Council Member Goodgame recommended the placement of the bench under the tree. Council Member Mullins expressed concern with the location at Waterfront Park Mayor Turville opened the public hearing 4 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 23,2013 Ralph Hopkins,200 Nautical Mile Dnve,expressed support for the request. Mayor Turville closed the public heanng Council Member Bates moved to pass item number 6, seconded by Council Member Van Wagner. City Manager Gray noted staff will work with the applicant on the location. The motion passed with all members present voting aye. Item No. 7-Resolution No. 2013-09 Mayor Turville read Resolution 2013-09 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 in the C-2 General Commercial Zoning District. Planning and Zoning Director Hollerand presented the request for a Conditional Use Permit to allow a house of worship in the C-2, General Commercial Zoning Distnct The Planning and Zoning Board recommended approval to the City Council. Applicant,Ms Rosario,requested approval. Mayor Turville opened the public heanng. There were no comments Mayor Turville closed the public heanng Council Member Mullins moved to adopt Resolution 2013-09; seconded by Council Member Goodgame.The motion passed with all members present voting aye. Item No. 8-Resolution No. 2013-10 Mayor Turville read Resolution 2013-10 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 to amend the language to state a required completion date for opening the Hentage Hills subdivision's second entrance located on Hartwood Marsh Road Planning and Zoning Director Hollerand reported on an amendment to an existing Conditional Use Permit to extend the time requirement for the permanent road connection to Hartwood Marsh Road The developer has requested to change the language in the resolution from specifying 300 certificates of occupancy to stated entrance completion date of August 31, 2013. The Planning and Zoning Board recommended approval to the Council She reviewed the language in the Resolution. Rob Bonin, Division Manager of Land Development for Lennar Homes,requested approval A portion of the drainage system has been installed and is underway in constructing the final portion. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2013 Mayor Turville opened the public hearing Harry Mason, 3667 Caladesi Road, expressed concern with assurance there is language to ensure it is completed. Walter Martin, 2440 Prairie Dunes, expressed concern with the visibility at the entrance on Hartwood Marsh Road Mayor Turville closed the public hearing Council Member Goodgame expressed concern with the proposed roadway. Mr. Bonin replied this road was approved five years ago. The Lake County permit has been renewed, Hartle Road has been dedicated and the infrastructure is in place. Council Member Goodgame moved to accept August 31, 2013 date as recommended by staff; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 9- Variance Request Mirror Lake Economic Development Director Hitt presented the request for eight variances. Mr. Hitt reviewed each variance. Staff recommended approval The proposed 24 lot development plan includes one cul-de-sac road with access off of Old Highway 50 The variances were last approved in April 2011. The vanances were rendered void because construction has not started within two years of the last approval. The applicant is still planning to construct this subdivision Robert Thompson,Applicant,was present to request approval Mayor Turville opened the public hearing There were no comments. Mayor Turville closed the public hearing Council Member Mullins moved to grant the variances as requested; seconded by Council Member Van Wagner.The motion passed with all members present voting aye Item No. 10- Variance Request Valenti Planning and Zoning Director Hollerand presented the request for a six foot high fence to be located in the street side front setback, rather than a four foot high fence. The location is 3644 Briar Run Drive in the Foxchase subdivision. The applicant intends to keep a 3 foot setback off of the sidewalk but this area still limits the fence to four feet in height Staff recommended approval. Mark Valenti,applicant,was present to request approval Mayor Turville opened the public hearing. There were no comments Mayor Turville closed the public heanng. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING Apnl 23,2013 Council Member Van Wagner moved to approve this variance, seconded by Council Member Mullins.The motion passed with all members present voting aye. Item No. 11- Variance Request ABC Liquor Economic Development Director Hitt presented the request to allow for 43 parking spaces rather than the required 47 parking spaces for a retail store The applicant proposed to construct a retail store located in the Sandhill Commons shopping center on Highway 50 There are two of the eight conditions that have not been met by the applicant therefore staff recommended denial. Council has granted similar vanances in the past. Ross Galbraith,Applicant,was present requesting approval of the vanance. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public heanng Council Member Bates moved to approve item number 11, seconded by Council Member Goodgame.The motion passed with all members present voting aye Item No. 12- Variance Request PET/CT Center Planning and Zoning Director Hollerand presented the request to allow for less than 1 parking space per 200 square feet for an office building and to allow for an outdoor mobile PET/CT scan unit in a trailer rather than within a completely enclosed building This use is not allowed per code. There are three of the eight conditions that have not been met by the applicant therefore staff recommended denial. Applicant,Ken Hiatt,requested approval of the vanance request Mayor Turville opened the public heanng.There were no comments. Mayor Turville closed the public heanng Mayor Turville expressed concern Council Member Van Wagner supported the request. Council Member Goodgame moved for the approval of the variance for item 12 based that it is there one day a week; seconded by Council Member Mullins Under discussion, Council Member Mullins requested a skirt be placed around the trailer. The applicant confirmed there will be skirting;however the wheels are not covered The motion passed with all members present voting aye. Item No. 13-Ordinance 2013-07 Introduction Staff removed this item from the agenda City Manager Gray noted staff will set up a workshop for further discussion. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING April 23,2013 ADJOURN: With no further comments,this meeting was adjourned at 10:14pm ‘.1.skx,N% 69 &t1 ,,,,..4.,.,,,,, t,`qc‘`S,`, •° •"''C. '• / ' ' APPROVED: t 1,, ,,� �-,,i. '9d�"-r/ .e Harold S.Turville,Mayor ,a ATTEST: .A/ e ... 40". � Tracy Ackroyd, 'ity Clerk ` 8