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04-25-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2006 n LJ The Clermont City Council met in a regular meeting on Tuesday, April 25, 2006 in the Council Chambers at City Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: C~ Members Mullins, Goodgame, Hogan and Renick. Other City officials present were: City Manager Saunders, Asp City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Wally Herda advised he spoke with staff about being placed on the May 9~' meeting agenda. Cindy Barrow gave a handout to the Council regarding the proposed level of service for school concurrency discussi ns. VOICE put together a position statement regarding portables being placed on school campuses. Al Manella, Summit Greens, reported that representatives of Karlton will hold a town hall meeting on Thursday, May at 7:OOpm at Summit Greens and invited the Council and public. He requested a police officer to provide sec rity assistance. Jim Purvis, 4206 Hammersmith Drive, advised of the Karlton meeting at Kings Ridge on May 11 and invited the p He requested a police officer to guide the public to the clubhouse to aid the traffic flow. ill Banzhaf, 931 W. Montrose Street, voiced concern with the City of Clermont and Lake County working together. Mayor Turville noted that Council directed staff to contact the County to have a joint meeting. REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame - No Report Council Member Renick voiced concern regarding comments made by Steve Richey to a staff member threatenin to lobby the County Commission on the Inland Groves Property because of the Council's opposition to the Karlton projec . Jim Purvis questioned the statement. City Manager Saunders confirmed the statement was made to Assistant City Manager Gray. Council Member Renick remarked she would like to share this information with the County Commission. City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2006 • Council Member Mullins - No report Mayor Turville reported that Council and staff held a retreat on Monday, April 24, 2005. Mayor Turville noted there were several items that staff or applicant requested to be withdrawn or tabled. Resolution 1472 - MaliklClermont Hillside Terrace Council Member Mullins moved to table Resolution 1472 to Mav 9: seconded by Council Member GoodQame. The motion passed with all members present voting "aye ". Ordinance 544 M -Final Hearing Council member Mullins moved to table'Ordinance 544-M to May 23: seconded by Council Member Good$ame The motion~assed with all members present voting "aye ". Pool Trust/Inland Groves purchase Council Member Mullins moved to table rode :nitely,• seconded by Council Member GoodQame. The motion passed with all members present voting "ale ". JPA Review -Clouts Groves -The applicant requested this issue be withdrawn. .PRESENTATION Department of Environmental Protection - TMDL Process Terry Pride explained the Basin Management Action Plan. Once implemented, this plan to get the water bodies proper water quality level. As a follow up, they will have a water monitoring strategy to see how it improves o~ years. She has requested each local government agency to have staff review with regard to jurisdiction and acc issue a Resolution in support of plan implementation and authorize either Council Member Renick or a staff men sign off on the plan. CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested wishing to have any item pulled for discussion to please come forward at this time. Item No. 1 -Tank Removal Handex of Florida Item No. 2 -Bid Award/ Purchase Approval Fire Department Request approval of proposal from Handex of Florida for the removal of underground fuel storage tank located within the City's right-of--way at 899 Montrose Street Award bid to Pro-Am Safety for the purchase of self Ponta breathing apparatuses in the amount of $122,719; and to pug a thermal imaging camera with funds provided through the Act" Assistance to Firefighters Grant 2 the the to City of Clermont MINUTES REGULAR COUNCIL MEETING Apri125, 2006 • Item No. 3 -Budget Amendment City Clerk's Department Approval of an amendment to the City Clerk's Budget in the amount of $20,615.48 to cover the cost of the Special Prig and Special Election for the Group I vacancy Item No. 4 Voluntary Cooperative & Operational Agreement -Police Department Item No. 5 -Event Request -Gateway Church Item No. 6- Inter-local Agreement -Legends Way, Phase II Renewal of Agreement with the City of Leesburg - Mutual Aid Agreement Request use of McKinney Park on April 30, July 30, Octobe~• 29 for neighborhood/community events Approval of an Inter-local Agreement between Lake Co my Board of County Commissioners and the City of Clermon for construction of Legends Way- Phase II Item No. 7 -Architects Proposal Approval of proposal from CT Hsu & Associates for Fire Fire Station 1 Expansion 1 Expansion Item No. 8 -Architects Proposal Approval of proposal from CT Hsu & Associates for Fire Fire Station 4 Council Member Goodgame moved acceptance of consent items 1 - 8 • seconded by Council Member • Mullins. The motion passed with all members present voting "aye ". --- -UNFINISHED BUSINESS Ordinance 347-C -Final Hearing Mayor Turville read Ordinance 347-C aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 118 Vegetation, Article II Landscaping, Section 118-37 Landscape Buffers; providing for severability, providing for an effective date, and providing for publication. Planning Director, Jim Hitt, reported on the amendment to the Land Development Regulations to allow for sloped bu ers for various development locations. The proposed slope buffers will allow for site development to reflect the gra ing found on many of the sites throughout the City, while also maintaining proper planning and site development practices the City has maintained. Staff recommends approved of Ordinance 347-C. Mayor Turville questioned the phrase `materials other than sod'. City Manager Saunders commented that staff is not averse to removing that phrase rather leaving it as an option for to work with in site review. Council Member Goodgame questioned the wording and recommended "to be provided between each abutting • City of Clermont MINUTES REGULAR COUNCIL MEETING Apri125, 2006 L' City Manager Saunders noted the word `between' could be confusing and recommended the word `along'. Mayor Turville opened the public hearing. aim Purvis commented on the steep slope in the water retention area. City Manager Saunders advised this is a different section of the code than is being addressed in the proposed Jim Purvis urged Council to make that change in the future. Mayor Turville advised that staff will review. Council Member Renick moved to approve Ordinance 347-C with chan~~ing the word `between' to `along' in the first line under the first section and eliminatingthe words `with material other than sod' wherever it appears • seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting "aye ". NEW BUSINESS Variance Request -Edgington -Clermont Yacht CI ub Planning Director, Jim Hitt, provided a brief description of the variance request for 1150 W. Minneola Avenue. he .request is to allow fora 6.59 foot front building setback rather than the 25 foot building setback as required by Sec ion 122-125. (1} of the city land development code. The applicant is requesting a setback for a condo unit located in the --- Clermont Yacht Club Development. In December of 2000, the applicant was granted a variance to allow a 15 foot ont setback for all buildings within the development. Most end unit condos within this development have an attached p do feature meeting all required setbacks. This condo was originally permitted with a 16.71 foot front building setback an no patio attachment. During construction the applicant decided this would be the appropriate location for the patio to the construction plans only, and did not check with the zoning for the correct setbacks. Staff did not see hardship in this ase however believes the "end feature" will complete the overall look of the building. Staff recognized that this project as developed with private streets and this encroachment should not hinder any public interest. For those two reasons, afl recommended approval of the requested 6.59 front yard setback variance. The applicant, Phil Edgington, was present and available for questions. Council Member Goodgame moved acc~tance of the variance as requested: seconded by Council Member Mullins The motion passed with all members present voting "aye ". Utility Agreement Amendment -Baffles LLC Darren Gray, Assistant City Manager, reported on the amendment request to the Utility Agreement already approved by Council. The applicant and owner is Baffles Holding LLP. The applicant is requesting an amendment to their water nd sewer agreement. The project consists of self storage, commercial retail and professional office units. In the orig nal agreement approved in February 2005, the applicant agreed to construct the site to city standards. After final details ad been worked out with the site plan, the applicant discovered he had to put in a sidewalk along Hartwood Marsh R ad. .The applicant does not have a problem with constructing the sidewalk. They are concerned however, since Hariw od Ciry of Clermont MINUTES REGULAR COUNCIL MEETING Apri125, 2006 Marsh is scheduled to be widened, the sidewalk would have to be replaced if constructed now. The applicant has g ven right of way for the widening of Hartwood Marsh Road and is requesting to postpone placing in the sidewalk ntil Hartwood Marsh Road widening is complete. The applicant was present and available for questions. Mayor Turville opened the public hearing. Jerry Turner, 4322 Hammersmith Drive, property faces Hartwood Marsh Road and the development proposed wil be directly across the street. He expressed understanding of the request and suggested ensuring there are funds in plac to build such as requiring a bond or escrow funds. Council Member Goodgame advised the work on Hartwood Marsh Road is not scheduled to begin for 3 more years. City Manager Saunders voiced concern with the project not being scheduled to start for 3 years and will take 4 to 5 y ars before the sidewalk could be completed. With this development, the right of way has been provided on that side o the road and believes the sidewalk could be planned and constructed without being disturbed when widened. Jim Purvis, 4206 Hammersmith Drive, concurs with City Manager Saunders. Mr. Bailes advised he would put up a letter of bond to ensure funding or agree to conditions. He further stated he get elevations from Lake County to place the sidewalk. Also, Mr. Bailes commented he is not opposed to build .sidewalk however he is opposed to the waste of funds for him and the taxpayers. --Mayor Turville asked if the sidewalk-would connect to an existing sidewalk. Mr. Bailes replied the sidewalk will connect on the west but not on the east. Mayor Turville agreed that it would be a waste of taxpayer's money. He suggested considering a delay in the and agreed to a bond letter. City Manager Saunders suggested amending the language to be constructed after I year of completion of Hartwood l Road or within 6 months of notification of the City Council. If we find out the road widening is delayed, then the C~ could reconsider and give him 6 months notice to install it. He also recommended a bond or letter of credit or acceptable surety for the project. Mayor Turville agreed with the suggestion. Council Member Good~ame moved that the Utility Agreement for installing sidewalks be where the sidewalks have to brut in 1 year after the expansion and widening of Hartwood Marsh Road or within 6 months of a notice of the Council that the sidewalk is needed and the applicant will be recurred to post a letter of credit or other orms o suret~to cover the cost of the sidewalks • seconded by Council Member Mullins The motion~assed with all members present voting "aye ". the Mayor Turville stated the intent of the motion is if the sidewalk is needed at any point before Hartwood Marsh Roa~ is widened, the applicant has 6 months to build. • City of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2006 • The motion passed with all members present voting "aye ". Ordinance 552-M-Introduction Mayor Turville read Ordinance 552-M aloud by title only: An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication. Council Member Mullins moved introduction o~ Ordinance 552-M• seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Property Purchase -1~ire Station 4 City Manager Saunders identified the site fronts Legends Way adjacent to the water tank and requested approval v includes utilitization of a piece of property for a temporary location. The final contract will be brought back to the Council. Mayor Turville opened the public hearing; there were no comments. Council Member Renick made a motion to move ahead with the finalization of the contract with the owner and then to bring the contract back for final approval; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". JPA Review -Soto/Carrasquillo Assistant City Manager, Darren Gray, briefed Council on the request. The applicant is requesting to rezone the prop rty from A to CFD as a church proposing an 8,000 square foot sanctuary and a 4,800 square foot multi-purpose building. he applicant is also requesting that temporary structures be allowed until permanent buildings can be constructed. his application was brought before the County Commission in November 2004 and was denied by the Zoning Board and the County Commission based on traffic and disruption of the rural neighborhood. Since then, county staff is recommen ing approval with conditions. The traffic issue is being resolved with the installation of a traffic light. Darren reviewed the conditions as requested by the County. The Zoning Board will hear this request on May 3 and the County Commis ion will hear on May 23. The applicants were not present. Mr. Gray further stated sidewalks would be required as part of the JPA. Council Member Goodgame noted the traffic light is two (2) years away from installation. Council Member Renick remarked that it is in a very rural area. Council Member Goodgame commented the size is too large and the church is not consistent with the land use in the • Ciry of Clermont MINUTES REGULAR COUNCIL MEETING April 25, 2006 • Council Member Renick suggested the Council recommend denial. Council Member Renick moved to send a letter of denial based on tragic issues and not consistent with the rural characteristics of the neighborhood,• seconded by Council Member Good~ame. The motion passed with all members present voting "ave ". JPA Review - Deeying/Grayford Assistant City Manager, Darren Gray, provided information on the request. The request is to rezone from A to use as a residential subdivision consisting of 521ots. The county recommended denial based on land use. Council Member Renick~questioned the JPA process. Mayor Turville asked for the City Attorney to send a letter questioning their ability to ignore the process. Council Member Renick moved to write a letter sug e~sting denial for the same reasons that their staff has outlined; seconded bY,Council Member Mullins. The motion passed with all members present voting „ave " ADJOURN: With no further comments the meeting was adjourned at 9:1 lpm. Harold Turville n U for 7