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10-28-2003 Regular Meeting City of Clermont , MINUTES , ~ REGULAR COUNCIL MEETING October 28, 2003 The Clermont City Council met in a regular meeting on Tuesday, October 28, 2003 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Ash, Caputo, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Guthrie, Finance Director Van Zile and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES Minutes of Regular Council Meeting held October 14, 2003 Council Member Mullins moved to approve the minutes as presented; seconded bp Council Member Caputo. The motion passed with all members present voting "ape." PROCLAMATION Mayor Turville read the Proclamation aloud declaring November l, 2003 as National Family Literacy Day. REPORTS City Manager Saunders - Mr. Saunders complimented AVl stafffor their hard work and stated everything should be working by the next Council meeting. Council decided to hold the City Hall ribbon cutting ceremony on Saturday, December 13. The next workshop has been scheduled for November 5 at 6:00pm. The next Council meeting is scheduled for November 11 however due to Veterans' Day the meeting has been rescheduled for November 10. City Attorney Guthrie - No Report Finance Director Van Zile - No Report Council Member Renick - Council Member Reniek questioned the drainage problem discussed at a previous Council meeting. City Manager Saunders advised Council that staffhas met with Springstead Engineering and are currently working on the engineering plans to correct the problem. The survey work has been completed and plans to be ready to put out to bid within 30 days. Council Member Renick moved to add Howard Stockton Memorial Scholarship Contribution to the agenda; seconded by Council Member Caputo. The motion passed with all members present voting "aye." Council Member Mullins - No Report Council Member Caputo - Mr. Caputo confirmed with City Manager Saunders to address issues concerning a letter received from a resident. Council Member Ash - No Report Mayor Turville - No Report CONSENT AGENDA City of Clermont °' MINUTES REGULAR COUNCIL MEETING October 28, 2003 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 - 1 Final Plat Approval Item - 2 Final Plat Approval Item - 3 Final Plat Approval Item -4 Agreement Approval Item - 5 Demolition Approval Item - 6 Franchise Renewal Agreement Item - 7 Local Law Enforcement Block Grant Item - 8 - C.A. Meyer Item 9 - Events Request Oakmont Subdivision Legends, Bridgestone, Phase IV Legends, Beacon Ridge, Phase V Inter local Agreement with Lake County accepting Infrastructure Sales Tax Funds for Community Recreation Projects Central Environmental Services, Inc. for demolition of 1042 School Street Brighthouse Networks Lake County Approval of Speed Awareness Monitor (SAM) Grant Request for water & sewer services outside the City limits for property located at the north side of S.R. 50, east of C.R. 455 and the new Publix Shopping Center Request to have use of Downtown Area for the 15Ih Annual Events Unlimited of Central Florida "Light Up Clermont" Festival, December 5 and 6. Mayor Turville asked to remove items numbered 8 and 9 from the consent agenda. Council Member Caputo asked to remove item number 4 from the consent agenda. Council Member Caputo moved to approve consent agenda items 1, 2, 3, 5, 6 and 7; seconded by Council Member Mullins. The motion passed with all members present voting "ave." Item 4 - Agreement Approval: Council Member Caputo suggested adding language to the agreement. Council Member Caputo moved to add to section five (5) of the Interlocal agreement the words Lake County will provide both of the signs with the approval of the City of Clermont; seconded bp Council Member ~4sh. The motion passed with all members present voting "ave." Council Member Caputo clarified the intent of the motion is also for approval of the Interlocal Agreement. Item 8 - C.A. Meyer: Mayor Turville questioned Chuck Meyer about the request for 60,000 gallons per day. Mr. Meyer clarified that it should be 60,000 gallons per month. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2003 Attorney Guthrie suggested the Council consider authorizing a standard agreement indicating an extension of utility services with conditions to include amount, uses and annexing the property into the City. Mr. Meyer concurred with this arrangement. Council Member Caputo moved for approval of an agreement to be drafted by staff and submitted to Mr. Meyer for execution; seconded by Council Member Mullins. The motion passed with all Members present voting "aye." Item 9 - Events Request: Mayor Turville addressed concerns of the "Light up Clermont" event. The following persons spoke in opposition of having an exclusive meal service for this event: Robert Lyles, Jim Six, Mike and Betty Farrington, and Jess and Lyn Olenski. Robert Porter spoke on behalf of Clermont Main Street to address the concerns. Mayor Turville suggested meeting on Thursday to resolve the issue. Bill Banzhalf, 931 W. Montrose Street, volunteered assistance with the event. Council Member Caputo moved to approve the request; seconded by Council Member Mullins. The motion passed with all members present voting "aye." UNFINISHED BUSINESS Variance Request, DavM L. Allyn Planning Director Brown advised Council of the request to allow for required trees to be 2½" in caliper rather than 4" required by code for the Clermont Professional Center located at the intersection of Citrus Tower Bivd and Grand Highway. This request was tabled at the September 23 meeting in anticipation of the availability of the model Landscape Ordinance being produced by St. Johns River Water Management District. A draft is not available at this time. Staff supports a variance for 3" caliper. City Clerk Ackroyd swore in David Allyn and Mona McDonald. Discussion between the applicants and Council pursued in regards to water usage for a 2 ~ "caliper tree being significantly less than a 4" caliper tree. Mayor Turville and Council Member Renick voiced their concerns for a tree canopy throughout the city. Council Member Caputo moved for approval of the variance to a 3" tree; seconded by Council Member Renick. Council Member Caputo added into the motion the 82 trees as required to be 3" minimum diameter. The motion passed 4 to 1 with Council Members' Ash, Caputo, Mullins and Renick voting "aye" with Mayor Turville opposing. NEW BUSINESS Resolution 1348, Rusty Fox Council Member Mullins moved to table Resolution 1348 to November 25th,' seconded by Council Member Renick. The motion passed with all members present voting "aye." Resolution 1349, Skytop PUD Mayor Turville read Resolution 1349 aloud by title only. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2003 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 1265 to allow for development of Phase II as professional and medical offices, and a Lake County Government Complex that may include offices for the Board of County Commission, Sheriff (including a holding cell), Property Appraiser, Tax Collector, Supervisor of Elections, Clerk of Court, Planning, Building and Environmental Health Departments, as well as other Federal, State and Local Government Agencies. Planning Director Brown advised Council this is a Conditional Use Permit to amend the Planned Unit Development for the proposed South Lake Government Complex located east of Citrus Tower Blvd. Staff recommends approval of the Resolution with the proposal of one amendment. The County is requesting the first sentence of section 3 condition I be stricken from the Resolution. Mayor Turville advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. City Clerk Ackroyd swore in Fred Schneider, Lake County Director of Engineering, 123 N. Sinclair Avenue, Tavares; Abraham Torres, 2007 Crest ridge Drive; and Tony Guadalupe, 892 Woodvale Street. Mr. Torres requested a wall be constructed for separation between residences to the north of the complex and for the complex to not include a holding cell. Mr. Guadalupe is not in favor of a holding cell and requested a wall for privacy of residents. Council discussed and agreed to the following amendments: Strike the first sentence on page 2, section 3, condition 1; On page 4 condition 3 language be replaced with 'Security fencing, if chain link, would be vinyl coated and no greater than 6 feet in height. The fencing would be located in the inside perimeter of the landscape buffer.' Also include the following conditions: a sally port will be provided for any holding cell area; a slab survey will be provided under section 3, item 5; the early phase of construction will begin on the southern most part of the property; and the berm plus landscaping would be at least sufficient to block any window visibility from the complex building to residences to the North. Council Member Caputo moved to adopt Resolution 1349 as amended; seconded by Council Member Ash. The motion passed with all members present voting "ape." Mayor Turville called for a recess at 9:40pm. The meeting reconvened at 9:50pm. Resolution 1350, Elks Club Mayor Turville read Resolution 1350 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow the operation of a bingo game. Planning Director Brown advised Council of this Conditional Use Permit to allow Bingo at the Elks Club located at 705 Minneola Avenue. Staff recommends the hours be limited to 10pm and limiting the days to Sunday, Monday and Wednesday. Furthermore, if they want to operate on additional days, staff recommends the CUP be amended. The Planning and Zoning Commission recommended approval with the hours of operation being limited to 1 to 10pm on Sundays and 5 to 10pm on Monday and Wednesday. Furthermore, added a condition that the CUP is good for 18 months to determine if this operation would negatively impact the surrounding area. Staff recommends approval as drafted. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2003 Mayor Turville advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. City Clerk Ackroyd swore in Marlo Ferreri representing the Diamond Players Club Charities who addressed the Council regarding the request. Council Member Renick moved_for approval of Resolution 1350; seconded bp Council Member Caputo. The motion passed with all members present voting "ape." Resolution 1351, First Pentecostal Church Mayor Turville read Resolution 1351 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow the operation of a church in the C-2, General Commercial Zoning District. Planning Director Brown informed the Council the Conditional Use Permit is to allow the operation ora church in the C-I General Commercial Zoning District, northwest of intersection of US 27 and Grand Highway. Staff recommends approval. City Clerk Ackroyd swore in George Jones, Pastor of First Pentecostal Church in Orlando. Council Member Caputo expressed concern with the property owner across the highway being able to have a restaurant with alcohol. Mayor Turville suggested amending the CUP to include a condition that it will not become an issue in case it does arise. Planning Director Brown suggested including land use condition number 2 and stated he has language from prior conditional use permits that will suffice. Council Member Caputo moved to adopt Resolution 1351 a~ amended; seconded by Council Member Mullins. The motion passed with all members present voting "ave." Resolution 1352, Lake-Sutnter Metropolitan Planning Organization Mayor Turville read Resolution 1352 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida, adopting the apportionment of voting membership on the Lake-Sumter Metropolitan Planning Organization to include representatives from seven (7) cities in Lake and five (5) Lake County Board of County Commissioners and one (l) County Commissioner from Sumter County Board of County Commissioners. City Manager Saunders briefed Council on Resolution 1352. Fred Schneider advised the Council that Sumter County has already approved the Resolution. This will help direct federal funds coming into Lake County. Council Member Caputo movedfor adoption of Resolution 1352; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Ordinance 328-C City of Clermont MINUTES REGULAR COUNCIL MEETING October 28, 2003 Finance Director Van Zile briefed Council on Ordinance 328-C and Ordinance 329-C. Mayor Turville read Ordinance 328-C aloud by title only. An Ordinance of the City of Clermont, amending and restating the City of Clermont Firefighters' Pension Trust Fund, as adopted by Ordinance No. 305-C; providing for codification; providing for severability of provisions; repealing all Ordinances in conflict herewith; providing plan benefit improvements limitation; and providing an effective date. Council Member Mullins moved for introduction Ordinance 328-C; seconded bp Council Member Renick. The motion passed unanimously with all members present voting "aye." Ordinance 329-C Mayor Turville read Ordinance 329-C aloud by title only. An Ordinance of the City of Clermont, amending and restating the City of Clermont Police Officers' Pension Trust Fund, as adopted by Ordinance No. 304-C; providing for codification; providing for severability of provisions; repealing all Ordinances in conflict herewith; providing plan benefit improvements limitation; and providing an effective date. Council Member Mullins moved for introduction.of Ordinance 329-C; seconded by Council Member Caputo. The motion passed unanimously with all members present voting "aye." Mayor Turville stated this is the end of the published agenda and opened the floor for any further comments. Wayne Weatherbee, 899 W. Montrose Street, expressed dissatisfaction with a code enforcement violation and requested Mayor Turville view the property. Mr. Saunders clarified his meeting with Mr. Weatherbee regarding items to be removed from the property. Mr. Weatherbee emphasized that Mr. Saunders stated Code Enforcement Officer Betty McMinamen went overboard in the code violations. Mr. Weatherbee questioned being grandfathered in. Planning Director Brown stated he would look into it. Mayor Turville agreed to his request to look at the property. Howard Stockton MemorialScholarship Contribution: Council Member Renick suggested the City make a donation to the memorial scholarship fund set up after Howard Stockton's death. Council agreed this would be setting a precedent. Council Member Mullins recommended showing recognition in another way such as naming a park after him. City Manager Saunders will brainstorm ideas for discussion at the next workshop. Council Member Mullins requested the Iron Man request from the County be placed on the workshop as well. ADJOURN:. With no further comments, the meeting was adjourned at 10:46pm. ATTEST: ?Tracy Ackroyd, City Clerk