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08-13-2013 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 13,2013 The Clermont City Council met in a'regular meeting on Tuesday, August 13, 2013 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, and VanWagner. Other City officials present were: City Manager Gray,City Attorney Mantzaris and Deputy City Clerk Noak. INVOCATION Council Member VanWagner gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Fire Chief Bishop presented a plaque to Captain Bill Hamson for his accomplishments as Explorer Advisor for the City of Clermont Explorer Post 600 and hosting the 2013 Cadet Week event. PROCLAMATIONS Mayor Turville read the Florida Water Professionals Week proclamation aloud, proclaiming the week of August 11 through August 17,2013 as Flonda Water Professionals Week. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, stated the lack of a left-hand turn on North Hancock Road is slowmg Fire Department response time. City Manager Gray responded staff is working with Lake County on the issue. Wally Herda, 1109 Hampton Street, thanked Council and City Manager Gray for having the field at Highland and Highway 27 mowed. Harry Mason, 3667 Caladesi Road, commented on the August 31, 2013 time limit for Lennar to complete the second entrance gate into Heritage Hills and informed Council the residents received information stating the road would be finished, but the gate would be locked. Mr. Mason stated staff is aware of the issue. Tim Murry, 574 East DeSoto Street, commented on the Lake County School Board stopping courtesy school bussing within a two mile radius of a school and inquired if the City had plans to assist children crossing Highway 50 and walking along Pitt Street. City Manager Gray stated the City is aggressively working on placing sidewalks within the two mile school radius; includmg Pitt Street. Police Chief Broadway will have police officers assisting in these areas and will work with the Lake County Sheriff's office to ensure assistance is provided for Highway 27. If additional staff is required, the request will be brought before Council. Mayor Turville announced Council Member Goodgame won the primary election with more than fifty percent of the votes cast,therefore there will not be an election m November for Seat 2 REPORTS City Manager Gray reported Council Member Bates was not present due to participating as an Election Canvassing Board Member. Terry Dykehouse was introduced as the new City Engineer. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2013 An Executive Session was scheduled for August 27 at 6pm and a Council Workshop was scheduled for September 10 at 6pm. City Manager Gray announced the County Commissioners approved the transportation impact fees for the south Lake County area. City Attorney Mantzaris—No report. , Council Member Goodgame thanked everyone who assisted him in the primary election. Council Member Mullins commented the National Night Out event at Waterfront Park was a great success. He reported the Sector Plan presented by Lake County lacked consideration for Clermont job opportunities. City Manager Gray stated a joint meeting with Lake County will be scheduled to discuss the City's concerns. Council Member VanWagner thanked Police Chief Broadway for his efforts in the National Night Out event. Mayor Turville reported he and Police Chief Broadway attended a Special Olympics event for young athletes. 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-Meeting Minutes Request approval of the Regular Council Meeting Minutes of June 11,2013 and July 9,2013 Item No. 2—Surplus Request approval to declare listed items from the Information Technology Department,Fire Department,and City Clerk's office as surplus Item No. 3-Event Request Request approval for House of Deliverance to conduct a monthly fundraising event from loam until 4pm the last Saturday of each month from August through December at Sunnyside Plaza Item No. 4—Bid and Lease Award Request approval to execute a lease Food Concession/Recreation Rentals agreement with Clermont Waterfront Bikes & Boards, Inc. to provide food concession and recreation rental services at Waterfront Park 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13,2013 Item No. S-Piggyback Agreement Request approval to piggyback the Florida Sheriff Association and the Florida Association of Counties contract with Action-Gator Tire,Discount Tire, Lake Tire&Auto,A Ok Tire Mart, and Earl W. Colvard dba Boulevard Tire Center to procure tires & related services Council Member Goodgame pulled Item No. 2. City Manager Gray withdrew Item No. 3, stating the applicant will return with an amendment to their Conditional Use Permit. Council Member Mullins moved to accept Consent Agenda items 1, 4, and 5; seconded by Council Member VanWagner. The motion passed with all members present voting aye. Council Member Goodgame inquired if any of the laptops on the surplus list were in working condition. Information Technology Director Dennis stated they were not functional. Council Member Goodgame moved for approval of•Item 2 of the Consent Agenda; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 6—Ordinance No. 2013-16;Final Mayor Turville read Ordinance 2013-16 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of right-of-way lying north of lots 34, 35, and 36; 30 foot right-of-way north and east of lot 5; 30 foot right-of-way lying east of lot 21 and between lots 28 & 29, lots 36 & 37, and between lots 44 & 53a and lot 45; 15 foot right-of-way east of lots 1 and 16, 30 foot right-of-way north of lot 40; 30 foot right-of- way crossing abandoned railroad-right-of-way south of lot 14, 30 foot right-of-way on the southeast corner of lot 13; 30 foot right-of-way south of lot 9 and east of the southeast corner of lot 16, east of lot 17b and east of the northeast corner of lot 32 and located m sections 9, 10, 15, and 16,township 22 south,range 26 east, according to the plat of Lake Highlands_Company, recorded in plat book 3, pgs. 24, 32, and 52, Public Records of Lake County, Florida; repealmg all ordinances in conflict herewith, providing for severability,publication,and for an effective date. Planning and Zomng Director Hollerand presented Ordinance 2013-16 closing and abandoning rights-of- way within Center Lake Properties, noting an omission in the advertising required re-presenting after re- advertising. The applicant is Center Lake Properties and the nghts-of-way closings under consideration are unimproved tracks running through portions of the future Black West development. The rights-of- way need to be vacated to prevent interference with a future development. Staff recommended approval. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13,2013 Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for approval of Ordinance 2013-16; seconded by Council Member.VanWagner. The motion passed on a roll call vote with all members present voting aye. Item No. 7—DeSoto Street Parking City Manager Gray stated m May there were complamts regarding parking along DeSoto Street between West Avenue and 10th Street and Council requested staff to research and bnng back possible options for parking in the nght-of-way Economic Development Director Hitt presented three primary concepts provided by a consulting firm. Concept plan one uses the existing sixty-foot right-of-way with thirteen parking spaces on the north and south sides of DeSoto Street, new sidewalks on the south side, new driveways on the north and south sides; with an estimated cost between$76,440.20 and$117,998.50. Concept plan two uses the existmg sixty-foot right-of-way with seven parking spaces on the north side of DeSoto Street and a new driveway on the north side, with an estimated cost between $57,427.80 and $95,063.00. Concept plan three uses the existing sixty-foot right-of-way with six parking spaces on the south side of DeSoto Street, two new driveways on the south side, and new sidewalks on the south side; with an estimated cost between$59,939.90 and$96,997.50. City Manager Gray stated there were numerous issues related to DeSoto Street parking; particularly with two businesses located in a residential area between West Avenue and 10th Street. Several years ago, Council approved bagging the no parking signs up to six times a year when the Montessori School and Magic Moments'Daycare were holding special events. In May, Council decided to stop bagging the no parking signs and have the businesses work with staff regarding special events parking. City Manager Gray commented the new process is working. Mayor Turville commented children getting in and out of parked cars may create a significant safety issue. Council Member VanWagner was in agreement. Mayor Turville commented Council received a letter objecting to parking on DeSoto Street Mayor Turville opened the public hearing. Jim Purvis,4206 Hammersmith Drive, spoke in opposition of off-site parking. Richard Jenkins, South Lake Montessori School, stated the children must be dropped off in the drive- through on the property. He expressed concern regarding the lack of a continuous sidewalk on the south side of DeSoto Street. Sam Allison, Magic Moments Daycare, spoke in favor of adding thirteen parking spaces and a continuous sidewalk on the south side of DeSoto Street. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13,2013 Franklin Chase Forth, 939 DeSoto Street, commented the businesses were to have drop-off and pick-up only as part of their Conditional Use Permit and they should abide by these terms. Charlene Forth, 939 DeSoto Street, distributed a letter to Council and staff. Ms. Forth displayed and read the letter to the audience describing the impact Magic Moments and the Montesson School have placed on the residential neighborhood; specifically relating to parking and their Conditional Use Permits. Ms Forth spoke in opposition of the City providing parking as the Conditional Use Permit required the businesses to provide on-site parking. She stated the enjoyment of the surrounding residential properties have been disturbed by traffic, noise, and headlights shining into their homes, and off-site parking would add to the disturbances. Gustave Ortiz,470 Rob Roy, spoke in opposition of off-site parking Mayor Turville closed the public heanng. Council Member Goodgame stated the three concepts were not feasible, the sidewalk issue should be addressed, and Council should uphold the Conditional Use Permits for Magic Moments and the Montessori School. Mayor Turville requested clanfication regarding the current sidewalk location. Economic Development Director Hitt stated the entire north side of the DeSoto Street sidewalk ran the entire length. The sidewalk on the south side covers the western third of the street. Council Member Mullins suggested Council consider adding parking when the street requires repaving. He stated the sidewalk on the south side of DeSoto Street should be connected the entire length. Council Member Goodgame inquired if the old Fire Station and Shenff Substation structures were to be demolished. City Manager Gray stated staff would bring the issue before Council when the Police Department moves to the new facility. The original plan was to demolish structures and provide extra parking. Charlene Forth, 939 DeSoto Street,opposed completing the sidewalk as children would still have to cross the street, people would p ould hang out on the sidewalk, and there are plantings which would have to be destroyed. Mayor Turville was opposed to completing the sidewalk on the south side of the street. Richard Jenkins, Montessori School, spoke in favor of completing the sidewalk on the south side and suggested a four-way stop at the intersection of DeSoto Street and 10t Street Mayor Turville was in favor of a four-way stop. Council Member VanWagner was in favor of a four-way stop and opposed to completing the sidewalk on the south side City Manager Gray commented Council did not have to take official action. The current method of handling events through the Events and Recreation Department is effective. The process is to no longer bag the no parking signs and have the businesses work with staff regarding special events parking. Staff will look into a four-way stop at 10th Street and DeSoto Street. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2013 NEW BUSINESS Item No. 8— Variance; Granny Nannies Senior Planner Henschel presented the request for 16 parking spaces instead of the required 19 parking spaces for an office building located at 1150 West Mmneola Avenue. The applicant proposes to expand the building with a-200 square-foot Florida Room extending into the parking lot which will block two existing parking spaces. Staff recommended denial. Rick McCoy, McCoy and Associates, commented the porch will be a temporary structure and can be removed, allowing the parking spaces to be restored. He stated the customers are dropped off and picked up and parking is temporary. Mary Lou Wieloszynski; President, was present to answer any questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville inquired as to the number of people the facility would hold and the ratio of employees to customers. Ms. Wieloszynski anticipated 20 to 30 customers and the ratio would be one employee for every six customers. Council Member Goodgame moved to approve the variance for Granny Nanniest seconded-by Council Member Mullins. The motion passed with all members present voting aye. Item No. 9— Variance;Millholland Car Wash Senior Planner Henschel presented the request for 2 parking spaces instead of the required 18 parking spaces for an automotive service center. The proposal is to renovate the car wash building at 1320 Millholland Street to use for mstallation of window tinting, audio equipment, and auto detailing. The proposal includes convertmg the existing storage area and a portion of one bay into a 200 square-foot office area and adding roll-up doors to the bays. Staff recommended approval. Rick MCoy,McCoy and Associates,noted the client has only placed a deposit on the property. Mayor Turville opened the public hearing. Franklin Chase Forth, 939 DeSoto Street, stated the property tends to flood and inquired if there were plans to improve the issue. Rick McCoy replied the plans would be addressed during site review. Jim Purvis,4206 Hammersmith Drive, spoke in favor of the request. Council Member Mullins commented there was the possibility of parking available on the east side of the property. He expressed concern regarding noise when testing stereo equipment. Mr McCoy stated the building is concrete and the bay doors would be closed. 6 • City of Clermont MINUTES REGULAR COUNCIL MEETING August 13,2013 Mayor Turville inquired if the City would have any burden if the proposal was approved should the property go back on the market. City Attorney Mantzans stated the application is specific to the request and should someone come forward with the exact same use,the use would be allowed. Council Member Mullins was in favor of granting the variance to this business and this site. Should the property or business change hands,the new owner will have to come back and re-submit. It must be this'man, this business, this site; seconded by Council Member Goodgame. The motionpassed with all members present voting aye. Item No. 10—Code Enforcement Lien Planning and Zoning Director Hollerand presented the request for reducing and releasing two liens incurred by Kankoo Enterprises. The property came into compliance for Unlawful Maintenance of Nuisances; which is excessive weeds and grass, on property near the southeast corner of Highway 50 and Hancock Road. The fines accrued were$10,000.00 and $12,750.00 and the request is to reduce the fines to a total' of $700.00. The amount will cover administrative costs incurred by City the Cit Staff recommended approval. The Respondent or a representative were not present. Mayor Turville opened the public hearing. Jim Purvis,4206 Hammersmith Drive, spoke in opposition of reducing the lien. Gustave Ortiz,470 Rob Roy Drive, spoke m opposition of reducing the lien. Mayor Turville closed the public hearing. City Attorney Mantzans stated the Code Enforcement Board accesses fines and reductions of fines on a routine basis. The property was scheduled to appear before the Board for the imposition of a lien. The property was brought into compliance prior to the hearing; however the Respondent did not appear as scheduled, so a lien was imposed. His office was contacted by the attorney for the Respondent to discuss resolving the lien. City Attorney Mantzaris commented the City's intention was not to umsh property P p P Y owners,only recover reasonable time and costs associated with violations. Council Member Goodgame inquired how the reduced fine was determined. City Attorney Mantzaris responded the Code Enforcement Officer stated the amount was fair. Mayor Turville stated the Respondent should have the opportunity to address Council regarding the lien reduction request. Council Member VanWagner inquired how many days the property was not in compliance. City Manager Gray commented staff would provide the information. Council Member Mullins would like the property owner to be present. Wally Herda, 1109 Hampton Street, spoke in opposition of reducing the fine. City Attorney Mantzans suggested withdrawing the request until the Respondent is available. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING August 13, 2013 The request was withdrawn by staff. Council Member Goodgame requested Code Enforcement take pictures of the property the day of the meeting the request will be discussed. Item No. 11—Ordinance No. 2013-17;Introduction Mayor Turville read Ordinance 2013-17 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 34 Environment, Section 34-65 Exceptions; Chapter 98 Parking and Vehicular Use Areas, Section 98-3 Parking Spaces; Chapter 118 Vegetation, Section 118-2 Definitions; Section 118-35 Maintenance and Pruning; Section 118-36 Plant Matenal; Section 118-37 Landscape Buffers; Section 118-38 Vehicular Use Area, Intenor Landscaping; Section 118-71 Minimum Tree Requirements; providing for codification; severability; effective date; and publication. Council Member Mullins moved to introduce Ordinance 2013-17; seconded by Council Member Goodgame. The motion passed with all members present voting aye. City Manager Gray commented the Ordinance is scheduled for discussion at the September 10 workshop. ADJOURN: With no further comments,this meeting was adjourned at 9:17pm ���� tttYl M•�ie . APPROVED: , �. / ol(S.Turville,Mayor ATTEST: Tracy Ackr yd, City Clerk / 8 2013 FD Surplus List Quantity Item Description Serial or Model# Reason for Surplus 11 Purple Kitchen/Dining room chairs N/A Very worn 3 Full size recliner chairs N/A Damaged and worn 1 Hydrant gate valve N/A Leaks 1 Homelite Gas blower Mighty Lite 26b Not running Pallet Various size fire hose N/A Failed pressure testing 1 Angus 3-way valve N/A Center shut-off valve broken 1 Homelite Gas blower Yard Broom II Not running 2 Scott 2216 psi SCBA tanks Luxfur No longer needed 1 Generac electric generator SV 2400 Not running 1 Amkus`Hydraulic Cutters N/A No longer needed 1 Poulan Wild Thing P4013WT` Not running 1 Portable Deck Gun with Base N/A Not needed 1 Complete Holmatro Rescue Set N/A Not needed 2 Folding Attic Ladder 10' Not needed 1 Folding Attic Ladder 12' Not needed 1 Extension Ladder 24' Not needed 3 Roof Ladder with hooks 14 Not needed 2 Flexible Draft Hose 6" diameter Not needed 2 Mushroom Style Boat anchor 5 pound Not needed 2 South Sport PWC Trailer Single Not needed 1 Drafting-Table N/A Not needed 1 Steel cord reel with electrical cord 10 Guage wire Not needed 1 Fire Corn control head 3020R Not needed 7 Motorola Portable radio HT1250 Not needed 1 Code 3 Siren Control Head 3892L6 Not needed 1 Kenwood Mobile.Radio TK-780H Not needed 2 Kenwood Mobile Radio TK-760HG Not needed 1 Kenwood Mobile Radio TK-730(G) Not needed 2 Kenwood Mobile Radio TK-730 Not needed 3 Pyramid Regulated Power Supply PS-14KX Not needed 1 Motorola Radius Mobile Radio D44LRA73A5AK Not needed Multiple Motorola Pagers&Chargers Obsolete 1 Akron Fog Nozzle Booster line Not needed 1 2.5 Play pipe with tips Not needed 5 Steamer Pump cap 6" Not needed 1 Steamer Pump'cap 4" Not needed 4 Stortz hose coupling connections 4" Not needed 2 SCBA Cylinder bracket UN-6-30-3-SF Not needed 1 Ladder butt head protector N/A Not needed 2 3" Not needed 4 Maxon Portable radio N/A Not needed 1 Motorola Radius Portable adio SP-50 Not needed 1 Standard Portable Radio N/A Not needed 2 Motorola Battery Charger 6 bank Not needed 2 Shinwa Mobile Radio SC550X Not needed 2013 FD Surplus List 1 Handheld Aircraft Signal/Landing kit N/A Not needed 1 Instamatic Film Camera N/A Not needed 1 Uniden Portable radio with charger APX 112 Not needed 2 Kenwood Portable Radio with charger SKC-16 Not needed 1 Kenwood Portable dial-pad radio n/A Not needed 3 Streamlight Box flashlights Box Light Not working 1 Metal flashlight 6-D cell Not working 1 Motorola battery charger Impress 6-bank Not working 1 Cairnes Fire Helmet 880 Excessive wear 1 Forestry Rake N/A Not needed 1 Fire Corn Headset UH-1: 2-post plug Not needed 1 Halogen Light with stand N/A Not needed 1 Motorola Mobile Radio CDM1550-LS Not needed 1 Large truck door mirror with bracket N/A Not needed 3 Portable lighting N/A Not needed 3 Various Electrical cords N/A Not needed 4 Wheel chock holders N/A Not needed 1 Tool box with old assorted tools N/A Not needed 1 Electrical Range/oven 4 burner Not needed 2 SCUBA Tank boot N/A Not needed 1 1997 E-One Pumper Fire Truck 4ENRAAA83V1006777 Mechanically Unreliable 1 1989: 15.5 Zodiac, 25 HP OB,Trailer A647A Mechanically Unreliable Towers Brand S/N Dell 48NW21 Dell 79NW21 Dell 89NW21 Dell 8LZ65B1 Dell B9NW21 Dell BBNVV21 Dell CBNVV21 Dell CKZZQ21 Dell D9NW21 Dell F767H11 Dell F9NVV21 Dell FKZ65B1 Dell H9NVV21 ASUS no S/N ASUS no S/N Laptops Brand S/N Dell 250FVC1 Dell 3NSP671 Dell 4PBTGC1 Dell 6M97Q41 Dell 9KBTGC1 Dell 9VYDS81 Dell BO2ZRC1 Dell BTYDS81 Dell HBWKS81 Dell HMD9BK1 Dell SJBTGC1 Sony SN3000036 Monitors Brand S/N NEC 31124695GA NEC 31124703GA NEC 31124707GA NEC 31124Z12GA Viewsonic PXU064032140 Viewsonic A2X042651325 Viewsonic A0T025220166 Viewsonic 90E014530610 Dell CN0DY8407426183T3LEL Routers Brand S/N Watchguard 70650052C1829 Watchguard 7067044A21E9D Watchguard 706701F77AADB Watchguard 706700C3797C8 Watchguard 707408185EEFC Watchguard 808203960FD05 Watchguard 80821155377B9 City Clerk Surplus List Quantity Item Description Serial or Model# Reason for Surplus 1 ° Neopost Postage Machine IJ60 No longer needed 1 27-Drawer 5 x 8 Index Card File Cabinet N/A No longer needed it