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09-12-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 12, 2006 • The Clermont City Council met in a regular meeting on Tuesday, September 12, 2006 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 Mullins, Goodgame, Hogan and Renick. Other City officials present were: Assistant City Manager Gray, City Attorney Mantzaris, Administrative Services Director Van Zile and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation. Mayor Turville congratulated newly elected Cindy Barrow to the School Board; re-election of Nancy Fullerton to the Water Authority; and Elaine Renick received the Republican nomination for a seat on the County Commission. PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, praised Officer Strong and the Clermont Police Department for their assistance with a personal matter. Nancy Fullerton, 368 Montrose Street, requested the City of Clermont consider changing the code as it relates to the placement of sheds in residential areas. Mayor Turville asked Assistant City Manager Gray to review the ordinance in question. • Nancy Fullerton, Water Authority, stated that Elaine Renick found an algae bloom in Lake Minnehaha. A report will be made to the Water Authority board on this issue at this months meeting advising that the water quality is possibly being threatened. MINUTES Council Meeting Minutes of August 8, 2006 and August 22, 2006 Council Member Goodgame moved approval of the minutes of August 8 as written; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Council Member Goodgame moved approval of the minutes o~gust 22 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". REPORTS Assistant City Manager Gray reminded Council of the final budget public hearing on September 14 at 7:OOpm. He reported on the series of Land Planning Agency (LPA) meetings advising they are updating their comprehensive plan. City staff has been attending the meetings. Recently, they have been changing land use categories and placing items on future land use maps that have not been previously used. City Manager Saunders would like to schedule a Council workshop to have staff review and present to Council for discussion. The next LPA meeting will be on October 5 in the County Commission Chambers. • County staff has asked the LPA if the cities had any concerns. Mr. Gray stated the concern is with the City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 12, 2006 • future land use element. All comments must be sent to them by September 21. The Council agreed to hold the workshop on Thursday, September 14 after the final budget public hearing. City Attorney Mantzaris - No Report Council Member Hogan commented on attending the LPA meeting. Council Member Goodgame stated the tourism tax revenues are up 5.50 percent compared to last July. The tourism board will be voting on the softball complex at Lake Sumter Community College on September 21. Council Member Mullins remarked on the Industrial Development Agency meeting. They were focusing on where to place jobs and were concerned about not having enough land set aside for jobs for Lake County residents. The County staff recommendation was to submit the plan to Tallahassee; they will return it for revisions and at that point, the economic development portion can be revised. Council Member Renick commented she will not be able to attend the workshop on Thursday. Administrative Services Director Van Zile - No Report Mayor Turville reported on the request to have the Woodwinds variance request tabled to September 26 and the Messy Dog variance request has been withdrawn. Council Member Goodgame moved to table item 1 for Woodwinds variance to September • 26; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Goodgame suggested an increase to the $50.00 political sign deposit. Mayor Turville asked Assistant City Manager Gray to make a note for Council to consider the request. Mr. Gray advised that Planning and Zoning is currently updating their fees and will bring this request to Council at the same time. 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-Agreement Approval Request approval of a lease agreement between the City of Clermont and Lake Sumter EMS for premises located at 428 Chestnut Street Item No. 2 -Budget Amendment Request to amend the Fire Department Budget in the amount of Fire Department $11,775 for computer equipment for Fire Station #3 Item No. 3 -Budget Amendment Request to amend the Administrative Services • Department Budget in Administrative Services City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 12, 2006 • Department the amount of $44,425 for IT Personnel and equipment Item No. 4 -Purchase Approval Request permission to piggyback the City of Ocoee contract with Wheeled Refuse Containers for the purchase of garbage carts to be received in fiscal year 2006-2007 Council Member Goodgame requested to pull items numbered 1, 2 and 3. Council Member Mullins moved approval of consent agenda item 4; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Council Member Goodgame noted a typo in section 12 of the agreement for consent item 1. Council Member Goodgame moved acceptance of item 1 with the revision; seconded bX Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Goodgame was not in favor of purchasing the requested computer equipment prior to hiring a consultant to provide a report to Council. Council Member Goodgame moved to not precede with items 2 and 3 with the exception of hiring 2 additional personnel. • Administrative Services Director Van Zile advised Council that it is necessary to provide new employees with equipment to do their jobs. The email antivirus software upgrade request is important to have in place soon to reduce the risk of security network problems. The Internet Access Monitoring software is pertinent to having the capability of monitoring access. The consultant evaluation process will take 8 to 10 weeks to complete. Mr. Van Zile recommended these items be moved into the current fiscal year's budget. Council Member Goodgame agreed it would be good to have the items requested however the City may be spending money for items that may not be recommended by the consultants. Council Member Hogan commented he is in agreement to hire the additional IT personnel. Council Member Renick questioned how soon this upgrade could be put in place. Mr. Van Zile stated it can be in place within a week of purchasing. He also noted that the IT staff has done extensive research and recommended these products. Assistant City Manager Gray advised Council that City Manager Saunders has two (2) proposals from consulting services that he is planning to put on the next meeting agenda. Council Member Mullins agreed to update the system and hire the new employees. Council Member Renick voiced support for purchasing the anti virus software. • City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 12, 2006 • Council Member Goodgame amended his motion to add the purchase of the Internet monitoring system • seconded by Council Member Hogan. The motion failed 2 to 3 with Council Members Renick and Mullins and Mayor Turville opposing. Jim Purvis, 4206 Hammersmith Drive, expressed discontent with the operations of the computer system. Administrative Services Director Van Zile remarked that part of the reason for the delay in having the system up and operating was due to only have one IT staff person and an outside consultant. Council Member Mullins moved approval of consent item 3; seconded by Council Member Renick. The motion amassed 3 to 2 with Council Members Goodgame and Hogan imposing. Council Member Mullins moved approval of consent item 2; seconded by Council Member Renick. Under discussion, Council Member Goodgame commented that buying new equipment is against the recommendation of the City Manager. Assistant City Manager Gray advised that the City Manager was referring to servers and larger equipment. This request is for the temporary station for them to operate. The motion passed 3 to 2 with Council Member Goodgame and Council Member Hogan imposing. • NEW BUSINESS Variance Request -Badcock Corporation Jim Hitt reported on the Badcock variance request by applicant W.S. Badcock Corporation and Don Moye. It is located at 1555 E. Highway 50. The applicant has requested permission to allow a retaining wall within the required 10 foot landscape buffer. The Sandhill Commons development provides a 20 foot wide landscape buffer along Hwy. 50 and each lot provides an additional 10 feet for a total of 30 feet. The 6 foot high retaining wall was inadvertently constructed 3 feet into the 10 foot landscape buffer, from the parking lot area. The wall height varies from grade level up to 6 feet. The 30 foot wide buffer is effectively split into a 27 foot buffer at the Hwy. SO level, and a 3 foot buffer at the parking lot level. The parking lot level is below Hwy. 50, so the wall is not visible from Hwy. 50. Because the overall landscape width in this area is 30 feet wide and the wall effects only the site's 10 foot landscape, the result is minimal to the site. Staff recommended approval of the variance request. Rick McCoy, 713 W. Montrose Street, stated the wall was built before anything else was constructed. Don Moye thanked the community for 35 to 40 years of partnership and is proud of the new location. The wall was inadvertently placed there. Council Member Goodgame moved acceptance of the Badcock variance request; seconded Council Member Mullins. The motion passed with all members present voting ~. «a~? • 4 City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 12, 2006 • Variance Request -Hancock Village Curt Henschel, Planner, described the variance request to allow less than 1 parking space per 200 square feet located at the North West corner of Highway 50 and Hancock Road. Applicant, Charles Mitchell, Principal of First Property Capital Group was present. Mr. Mitchell stated they have a 4,300 square foot space vacant. Keller Williams has expressed a desire to expand their space and will leave 2,100 square foot space available. Currently, he has a letter of intent from Tijuana Flats. Furthermore, he advised they have 850 square foot of patron space left over on the parking; so, to acquire 2,150 square foot, they need 1,250 square foot of patronage space. Also, the other tenants would like to have a restaurant as it would be a benefit to them. Mayor Turville opened the public hearing. Brian Stillmore, owner of Ritters Frozen Custard, stated he spoke to the other tenants and has a signed letter of approval. They are all willing to give up a parking spot to help the other businesses. Les Brogman, Franchisee of Tijuana Flats, stated he has reviewed this site on many occasions and from a practical perspective has ample parking. Council Member Goodgame commented he had never seen the parking used extensively. He is in agreement with the request since the other business owners do not have a problem with it. Mayor Turville stated he has never experienced a parking problem however the businesses could all • change tomorrow. Council Member Renick questioned how many tenants signed the letter of approval. Mr. Stillmore remarked that all of the tenants signed the document. Mr. Henchel noted that everyone was notified of the request within 150 square foot. Council Member Goodgame moved acceptance of Hancock Village variance request; seconded by Council Member Hogan. The motion passed 4 to 1 with Council Member Mullins opposing_ Agreement Approval Planning Director Hitt, reported on the School Concurrency Interlocal Agreement. It has been approved by the Board of County Commissioners and Mount Dora. As previously discussed with the Council, a number of actions outlined must begin in order to make concurrency a reality in Clermont and Lake County. The recommendation and required action is to approve the Interlocal Agreement between Lake County and Lake County School Board and Municipalities for School Facilities Planning and Siting; authorize the Mayor to sign the Interlocal Agreement; approve advertisement of ordinances necessary for implementation to School Concurrency in the City of Clermont when appropriate; and direct staff to proceed with all other steps deemed necessary to meet obligations and timelines established in the Agreement. December 31, 2006 is the deadline for consideration of necessary Comprehensive Plan amendments which staff will bring to the City Council for approval. Then, he reviewed the attachments. • City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 12, 2006 • Mayor Turville stated this has been closely monitored between the municipalities and the school board. This document may be the most important to consider by the Council as it creates a process to determine if we have school seats. This is an opportunity to say that our children are important. Mayor Turville opened the public hearing. Cindy Barrow encouraged Council to adopt the Interlocal agreement. She voiced concern with the level of service noting that some schools will have portables where others will not. She asked Council to continue to look for ways to strengthen that level of service. Also, she is concerned with adjacent concurrent service areas which mean it is possible that schools can be rezoned every three years. Council Member Renick commented on the level of service concerns. Council Member Renick moved adoption of the School Concurrency Interlocal Agreement; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Ordinance 566-M Introduction Mayor Turville read Ordinance X66-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Johnson & Johnson Rolloff Specialists, Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Goodgame moved introduction of Ordinance S66-M • seconded by Council Member Mullins. The motion passed with all members present voting "ave " Ordinance 567-M Introduction Mayor Turville read Ordinance 567-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Metro Waste Services providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved introduction of Ordinance S67-M• seconded by Council Member Goodgame. The motion passed with all members present voting "ale " ADJOURN: With no further comments, this meeting was adjourned at 8:SSpm. '.~ it Ylkge kF~kR~^ ,. t 44 .j~ 1 rk! ~; '-..; ~, ~y w~,. ArTTES` r --;~-- q e zl • a ~ ~, ~ a f ,,'• 'Fk•r..b ?1 "'~ Ackroyd, City APPROVED: L -~'~~} G%~ old .Turville, Mayor