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09-23-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 23,2014 The Clermont City Council met in a regular meeting on Tuesday, September 23, 2014 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 Goodgame, Mullins, Bates and VanWagner Other City officials present were: City Manager Gray,City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PRESENTATIONS Fire Chief Bishop presented the 2013 Life Safety Achievement Award to the Clermont Fire Department Fire Prevention Team. PROCLAMATIONS Council Member Goodgame pulled Item 3 from the Consent Agenda. Mayor Turville read Resolution 2014-33 aloud by title only A Resolution of the City Council of the City of Clermont, Lake County, Florida, approving the State Road Co-designation of State Road 50 between U.S. Highway 27/State Road 25 and Hancock Road as "Specialist Alexander Miller Memorial Highway";and providing an effective date. City Clerk Ackroyd read Resolution 2014-33 aloud in its entirety Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to adopt Resolution 2014-33 and present Ms. Miller with the plaque; seconded by Council Member Mullins. The motion passed with all members present voting aye. Mayor Turville presented Resolution 2014-33 to Susan Miller,mother of Specialist Alexander Miller. City Clerk Ackroyd read the proclamation aloud declaring the week of October 5 through October 11 as Fire Prevention Week 2014 PUBLIC COMMENTS Ginger Martin commented on the difficulty in making a left hand turn onto Hancock Road at the Oakley Seaver intersection Lake County made changes at Oakley Seaver and Hancock Road, resulting in u-turns at the intersection. A vehicle cannot travel south from any northbound lanes off Hancock Road off State Road 50 to the Oakley Seaver intersection. Ms. Martin stated she contacted Lake County Public Works and a traffic study warranted a traffic signal at the intersection Lake County indicated Black West was prepared to write a$100,000 check for an unwarranted traffic signal at Diamond Club Drive and Hancock Road She requested the City petition Lake County to use the $100,000 to install the traffic signal at Hancock Road and Oakley Seaver. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 23,2014 Sherry Olson with the South Lake Hospital Foundation read a request on behalf of Carlos Solis, who was unable to attend. Mr. Solis' group will hold a fund raising event at the Clermont Community Center with the proceeds benefitting the South Lake Hospital Mammography Foundation. He requested waiver of the rental fees at the Clermont Community Center for the event City Manager Gray stated Mr Solis was given a 20 percent non-profit rate and the discounted rental fee is $1,892 The City's practice has been to waive fees if the City is sponsoring an event The City is not a sponsor of the event. Council Member Mullins commented if the City sponsors the event and provides fee reductions and waivers, other events will request similar sponsorships Mr Solis' event may provide opportunity for economic development,tourism, and benefitting local women He was in favor of becoming a sponsor Council Member VanWagner inquired about other costs and Mr. Solis' specific request. City Manager Gray stated additional expenses involve paying two police officers, fire personnel, and audio visual personnel. The request is to waive the$1,892 discounted rental fee. Council Member VanWagner was in favor of sponsoring the event Mayor Turville opened the public hearing There were no public comments Mayor Turville closed the public hearing Council Member Goodgame commented the event was the first major event at the Arts and Recreation Center and was in favor of reducing the fees. Mayor Turville was in favor of waiving the fees Council Member Bates moved to waive the fees; seconded by Council Member VanWagner. The motion passed 4 to 1 with Council Member Mullins opposed. Cameron Smith commented he was a South Lake High School student who teaches beginning students for the Lake Eustis Sailing Foundation. He introduced his mother; Stacy Uptain. Ms. Uptain distributed photographs of sailboats and requested Council allow Clermont Sailing Center to use the building on Lake Minneola between the Clermont Yacht Club and Clermont Bikes and Boards. Mayor Turville requested staff meet with Ms. Uptain regarding the request. REPORTS City Manager Gray reported the Final Budget Public Hearing will be held September 25 at 6pm. Toys for Tots has requested permission to place their toy donation bins at the City of Clermont Fire Stations and Council Member Goodgame will meet with Fire Chief Bishop regarding the request. The community is invited to honor Mayor Harold Turville, Jr. at the Clermont City Center on October 19 from 4:30pm to 6.30pm. City Attorney Mantzaris—no report. Council Member Bates—no report 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 23,2014 Council Member Goodgame reported the Lake County Tourism Board's year-to-date Tourism Tax revenues are up 14 percent compared to same period last year. The Third Annual Wings and Wildflower Festival will be held October 3 through October 5 at Venetian Gardens in Leesburg. He requested City Attorney Mantzaris make a recommendation regarding Council prayer at the next meeting. Council Member Mullins reported he attended Sales Tax Oversight Committee meeting on September 15 and reviewed the municipalities proposed budgets. The Auditor General had reviewed how the Committee handles the process and they will be changing their review format to include monitoring • where the municipalities stated they would spend the funds. The Lake Emergency Medical Services Board met and reported response times are down. The number of calls and number of transports have seen double-digit increases in the last four months Council Member Van Wagner stated on November 13, 2013 the Black West property received a Conditional Use Permit with one of the conditions requiring installation of a traffic signal at Diamond Players Drive and Hancock Road. City Attorney Mantzaris is working on an Interlocal Agreement with County Attorney Minkoff regarding the traffic signal 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 -Acceptance of Election Results Consider approval of Primary Election Results for Seat 5. Item No 2 -Council Meeting Minutes Consider approval of the Regular Council Meeting Minutes of July 22, 2014 Item No. 3 - Resolution No. 2014-33 Consider approval of Resolution designating the roadway as "Specialist Alexander Miller Memorial Highway" Item No. 4 -Resolution No. 2014-34 Consider approval of Resolution to appoint Council Member Goodgame to the Tourism Development Council Committee. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 23,2014 Item No 5 -Alcohol Waiver Request Consider approval for the Taste of South Lake to have an open container area for their event Item No. 6-Contract Approval Consider request to piggyback Sumter County contract with PDCS, LLC. to provide Building Inspection Services. Item No. 7 - Request For Proposal Award Consider bid award to Jordan Brothers Construction,LLC. to design-build a splash park at the Waterfront Park to not exceed$400,000. Council Member Bates pulled Item 7 and asked if the design would come before Council City Manager Gray stated the item is to approve the contract for designing and building a splash park. The conceptual design is included in the Council's packets and is in the budget for a maximum of $400,000. The apparatus' could change to some extent and staff will bring the final design before Council. Council Member Goodgame moved to approve Consent Items 1,2,4, 5, 6 and 7; and City Manager to bring final design back to the Council before construction starts. The motion died for a lack of a second to the motion. Council Member Bates moved to approve Item 7; seconded by Council Member Mullins The motion passed 4 to 1 with Mayor Turville opposed City Manager Gray stated he would bring back the final design to Council. Council Member Bates moved to approve Items 1, 2,4, 5 and 6 on the Consent Agenda; seconded by Council Member Mullins. The motion passed with all members present voting aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 23,2014 UNFINISHED BUSINESS Item No. 8-Ordinance No. 2014-24;Final Hearing City Clerk Ackroyd read Ordinance 2014-24 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 122 Zoning, Section 122-349 Home Occupations, Section 122-243 Permitted Uses, and Section 122-244 Conditional Uses, providing for codification;severability; effective date;and publication. Planning Manager Henschel stated staff recommended approval of the Ordinance. The Ordinance includes updates to the Land Development Code dealing with Home Occupations and Restaurants within the Central Business District. Changes included allowing Real Estate Sales and Brokerage to conduct telephone business at home; with actual transactions conducted through the commercial office, and allowing restaurants and lounges less the 3,000 square feet to operate in the Central Business District without a Conditional Use Permit. Staff removed the term "lounge"as recommended by the Planning and Zoning Commission Mayor Turville inquired if the language change deleting "lounge" had been advertised. City Attorney Mantzaris stated the Ordinance was advertised to address the issue. Anyone wanting to address specific lounges or restaurants has the opportunity to do so, therefore advertising is not an issue and Council can move forward and take action. Mayor Turville opened the public hearing There were no public comments. Mayor Turville closed the public hearing. Mayor Turville noted lounges do need to be regulated as a conditional use. Council Member Mullins indicated the Ordinance provided to Council included lounges City Attorney Mantzaris stated Council was considering the revised ordinance as presented by staff; which follows the Planning and Zoning Commission recommendation. Council Member Goodgame moved for the adoption of Ordinance 2014-24; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. Item No. 9-Ordinance No. 2014-25;Final Hearing City Clerk Ackroyd read Ordinance 2014-25 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 122 Zoning, Section 122-344 General Development Conditions; providing for codification; severability; effective date;and publication. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 23,2014 Planning Manager Henschel stated staff recommended approval of the Ordinance The changes address property maintenance to unimproved property which is left natural or planted with agricultural crops. The Ordinance was advertised to include changes to Chapter 94 regarding building code exemptions, however only changes to Chapter 122 regarding maintenance were brought forward. The Planning and Zoning Commission unanimously recommended approval of the Land Development Code changes Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved to adopt Ordinance 2014-25 as adjusted by staff; seconded by Council Member Goodgame The motion passed 5 to 0 on a roll call vote Item No. 10-Ordinance No. 2014-26, Final Hearing City Clerk Ackroyd read Ordinance 2014-26 aloud by title only An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandoning a portion of a 40 foot right-of-way northerly and contiguous to lots 1 through 10 block 117 Johnsons Replat; repealing all Ordinances in conflict herewith,providing for severability,publication,recording,and for an effective date. Planning Manager Henschel reported the Lakeshore Drive right-of-way runs along City property being developed for the boathouse. The west portion of the right-of-way is the section staff is requesting closure. Staff recommended approval of the right-of-way closure. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Mayor Turville noted the City should be cautious in forcing properties west of the boathouse to be required to go further west to access their properties Planning Manager Henschel pointed out the location of the legal access to the properties and stated the legal access is not part of the right-of-way closure Mayor Turville inquired if the right-of-way went beyond the boat ramp. Planning Manager Henschel replied it extends to the boat ramp. Council Member Goodgame moved to approve Ordinance 2014-26; seconded by Council Member Mullins. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposed. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 23,2014 NEW BUSINESS Item No. 11-Resolution No. 2014-29, House of Deliverance Inc City Clerk Ackroyd read Resolution 2014-29 aloud by title only A resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to establish a house of worship in the C-2 General Commercial zoning district. Planning Manager Henschel presented the Conditional Use Permit request to operate a house of worship at 1203 Highway 50 within the Emerald Lakes Shopping Plaza The Planning and Zoning Commission and staff recommended approval of the Conditional Use Permit. Sam Arthur; Applicant, was present and requested approval of the Conditional Use Permit. Mayor Turville opened the public hearing. Lawrence Kingston stated he owned property behind the location and commented the area experiences heavy flooding. He was not opposed to the house of worship City Manager Gray requested staff investigate the flooding issue. Council Member Goodgame requested information about the scheduled events for the location. Planning Manager Henschel stated the house of worship had requested fundraising events at Sunnyside Plaza in 2013 and would like to continue with the events at the new location. Council Member Goodgame inquired if the shopping plaza store owners agreed with allowing the fundraising events. Planning Manager Henschel stated the City does not require the store owners' approvals. City Attorney Mantzaris stated the owner of the shopping plaza complex signed off on the application Council Members Goodgame and Mullins expressed concerns regarding possible competition with the restaurant and grocery store located in the plaza. Council Member Goodgame suggested tabling the request pending receiving certifications of no objection from the restaurant and grocery store. Planning Manager Henschel stated the restaurant was contacted and was not opposed to the events. Council Member Van Wagner and Mayor Turville were not opposed to allowing the fundraising events. Mayor Turville suggested providing a time frame to allow the fundraisers and then evaluate the impact on the store owners Mr. Arthur,the Applicant, was in agreement. Council Member VanWagner moved to approve and have staff return in a year if there are any issues with the fundraisers; seconded by Council Member Goodgame The motion passed 4 to 1 with Council Member Mullins opposed 7 City of Clermont ' MINUTES REGULAR COUNCIL MEETING September 23,2014 Item No. 12-Resolution No. 2014-30, River of Glory Church City Clerk Ackroyd read Resolution 2014-30 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida,granting a Conditional Use Permit to establish a house of worship in the C-2 General Commercial zoning district Planning Manager Henschel presented the Conditional Use Permit request to operate a house of worship in a 1,000 square foot office space located at 341 North Highway 27. The Planning and Zoning Commission and staff recommended approval. Pastor David Young, Applicant, was present and requested approval of the Conditional Use Permit Mayor Turville opened the public hearing There were no public comments. Mayor Turville closed the public hearing Council Member Goodgame moved for approval of Resolution 2014-30; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 13- Variance Request Planning Manager Henschel presented the variance request to install a 4 foot by 10 foot covered rear porch on the house located at 3719 Peace Pipe Way. The owner of the house is a disabled veteran and is seeking an emergency egress for the master bedroom located on the back of the house. The porch would extend from the existing master bedroom wall into the rear yard setback by 2.5 feet leaving a total rear yard setback of 22 5 feet Staff recommended approval of the variance request. Nathan Cross; Contractor for George and Charlotte James, stated the project was made possible by the Veterans Administration. The Veterans Administration requires specific criteria, including obtaining an additional egress for safety reasons. Charlotte James stated the project would allow Mr James use of the backyard. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing Council Member Mullins moved to approve, seconded by Council Member Bates. The motion passed with all members present voting aye. ADJOURN: With no further comments,this meeting was adjourned at 8:51 pm. APPR 1 VED: ATT T: 61s'ettut ) Ater r 'Pet) %e/yt Tracy Ackroyd,City Clerk 8