04-25-2006 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 25, 2006
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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
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REGULAR COUNCIL MEETING
April 25, 2006
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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
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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
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City of Clermont
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REGULAR COUNCIL MEETING
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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
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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.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
April 25, 2006
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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
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Ciry of Clermont
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REGULAR COUNCIL MEETING
April 25, 2006
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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
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