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09-26-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • The Clermont City Council met in a regular meeting on Tuesday, September 26, 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: City Manager Saunders, Assistant 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 Jim Purvis, 4206 Hammersmith Drive, complimented the Clermont Police and Fire Departments for their response to an accident at Kings Ridge. Bill Banzhaf, Clermont Downtown Partnership, announced an arts and crafts festival to be held the weekend of October 14 and 15. MINUTES City Council Special Meeting minutes of September 7, 2006 and September 14, 2006 Council Member Mullins moved acceptance o~ the September 7 minutes; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". • Council Member Mullins moved acceptance of the September 14 minutes; seconded by Council Member Goodgame. The motion passed with all members present votin,~~"aye ". REPORTS City Manager Saunders reported on the 3`d annual South Lake Safety Expo at Waterfront Park to be held on October 14 which will compliment the arts and craft festival. The organizers of the events failed to ask for approval. Staff has met with them and needs an official approval from the Council. Council Member Mullins moved to approve; seconded by Council Member Goodgame. The motion~assed with all members present votin~Kye ". City Manager Saunders requested the Council schedule a workshop to have the Metropolitan Planning Organization (MPO) provide an update on the mass transit plan. The Council agreed to schedule the workshop on October 11 at 6:OOpm in the Council Chambers of City Hall. City Manager Saunders also provided an update on the Fire Department projects which included the expansion of Fire Station 2, Fire Station 1 expansion with administrative offices and Fire Station 3. City Attorney Mantzaris advised Council of a litigation filed against the City of Clermont in reference to the City's retention area at the end of West Avenue. He noted that a review of the records clearly indicates the area belongs to the City. At this time, there is no specific direction needed from Council. • City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • City Manager Saunders noted this claim came up several years ago by the same property owners when Mr. Baird was the City Attorney. Staff has the letter he issued proving it belongs to the City of Clermont. Council Member Hogan - No Report Council Member Goodgame reported on the Tourism Board voting on a tax increase. Council Member Mullins - No Report Council Member Renick remarked that Council Member elect Steve Berlinsky will be taking her place on the Lake County Community Agency. Mayor Turville reviewed the items requested to be postponed to date certain which include Clermont GC, LLC variance request to October 10; Resolution 1492 to October 10 and Hancock Commons variance request to October 10. Council Member Mullins moved to table the Clermont GC, LLC variance request to October 10 • seconded by Council Member Goodgame. The motion passed with all members present voting_aye ". Council Member Mullins moved to table Resolution 1492 to October 10; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". • Council Member Mullins moved to table the Hancock Commons variance to October 10; seconded by Council Member Goodgame. The motion passed with all members present voting "aXe ". 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 -Equipment Surplus Request approval to surplus Police Department equipment Item No. 2 -Purchase Approval Item No. 3 -Technology Evaluation Request from the Police Department to purchase a canine Approval of League of Cities proposal for IT Evaluation Jim Purvis requested to pull item 3 from the consent agenda. Council Member Goodgame moved acceptance of 1 and 2 of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Jim Purvis inquired whether the proposal includes affirmation that the Florida League of Cities will provide and critique current and future personnel. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • City Manager Saunders stated the analysis would not include future personnel. They will review the problem we had in May and how our IT Department performed. Council Member Goodgame prefers the League of Cities to advise if IT personnel are capable of handling the job. City Manager Saunders remarked they are evaluating the system and the analysis will include what the IT personnel did or did not do for the City. Council Member Goodgame moved acceptance of item 3 of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". UNFINISHED BUSINESS Variance Request -Woodwinds Development Curt Henschel, Planner, reported on the requested variances by applicant Jayson Stringfellow. The first request is to allow for parking spaces to be 9 foot by 18 foot rather than the minimum 10 foot by 20 foot. The second request is to allow for a building height of 50 feet rather than the maximum allowable height of 45 feet and an interior height of 44 feet rather than the maximum allowable height of 35 feet. Staff recommended approval of the parking space request and recommended denial of the height variance. Jayson Stringfellow presented diagrams including the proposed height variance. He suggested striping of • double bars in the parking spaces which is being done in parking garages; it helps to center vehicles in the parking space. The applicant noted he met with neighbors adjacent to this development regarding the height variance. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins questioned the number of parking spaces per building. Jayson Stringfellow stated there are 23 spaces plus a handicap space per building. Council Member Goodgame spoke in favor of including the striping suggestion made by the applicant. Council Member Goodgame moved acceptance of item 1 variance request for Woodwinds Development• seconded by Council Member Mullins. The motion passed with all members present voting "ave " Ordinance 566-M Final Hearing Mayor Turville read Ordinance 566-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. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved acceptance of Ordinance 566M; seconded by Council Member Goodgame The motion passed on a roll call vote 5 to 0. Agreement Approval -Johnson & Johnson Rolloff Specialist Inc. City Manager Saunders stated the ordinance allows us to enter into this agreement so a separate vote is not necessary. City Attorney Mantzaris confirmed the ordinance implements the agreement. Ordinance 567-M Final Hearing 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. Agreement Approval -Metro Waste Inc. Mayor opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Ordinance 567M; seconded by Council Member Good~ame. The motion passed on a roll call vote 5 to 0. NEW BUSINESS Variance Request -Pointe at Legends, LLC Jim Hitt, Planning Director, provided an analysis of the variance request to allow for the 5 foot sidewalk to be located within the 20 foot landscape buffer rather than no sidewalk within the 20 foot landscape buffer. It is located one quarter mile north of the intersection of Hartwood Marsh Road and Highway 27. Instead of removing existing trees for the required sidewalk, the applicant requested to curve the sidewalk in and out of the landscape buffer to avoid the existing trees. Staff noted this is an opportunity to gain two benefits, one being the additional trees adjacent to the landscape buffer and two a meandering sidewalk instead of a straight linear sidewalk. Staff recommended approval of the variance request to have a more aesthetically pleasing project. Tim Kirkowski was present on behalf of the applicant and was available for questions. Mayor Turville opened the public hearing. Jim Purvis spoke in favor of the request. • Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • Council Member Renick moved to approve • seconded by Council Member Mullins. The motion passed with all members present votin~aye ". Variance Request -Conde Jim Hitt, Planning Director, described the variance requested by applicant, Richard Conde, for 2529 Castle Pines Street in the Summit Greens subdivision. The applicant requested a variance to allow for construction of a screened enclosure within the required rear yard setback. According to Code, screen enclosures with screen material roofs may be located in the rear yard no closer to the rear property line, than the required side yard setback. In this case, the side yard setback is five feet. The property does back up to the golf course. Applicant, Richard Conde, was present requesting the Council consider approval. He commented that not any of the neighbors objected to the request. Mayor opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville voiced concern with setting a precedent. Planning Director Hitt confirmed that all of the other houses have enclosures. City Manager Saunders pointed out the reason for the requirements of the setback is the roof. According to the survey, it appears to be 13 to 14 foot from the back of the house to the property line which means, under code, they could have an 8 to 9 foot wide screen room. Council Member Hogan moved to approve • seconded by Council Member Goodgame. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing. Resolution 1489 Mayor Turville read Resolution 1489 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 for the operation of a daycare facility in the M-1 Zoning District Curt Henschel, Planner, reported on the request for a conditional use permit to operate a day care facility in the M-1 zoning district. The applicant proposes to occupy 3,750 square foot of building space available within Lot 13 in the Clermont Commons Industrial Center. The applicant is seeking the capability to handle up to 66 infants/toddlers between the hours of 6:30am to 6:30pm Monday through Friday. A staff of up to nine attendants will be available for supervision. A 900 square foot playground is also proposed along the front of the building. Applicant, Marcia Huerta was present as well as Carmen Huerta, sister of the applicant. Mayor opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Resolution 1489; seconded by Council Member Mullins The motion passed with all members present voting "aye ". City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • Resolution 1490 Mayor Turville read Resolution 1490 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 for the operation of a pet boarding/grooming facility in the M-1 Zoning district Curt Henschel, Planner, provided information on the request for a conditional use permit for a dog boarding/grooming business in M-1 (Industrial) zoning district. The applicant proposed to lease 3,750 square feet within the Clermont Commons Industrial Center. The business will offer pet services including grooming, boarding, retail sales, and baked goods for dogs and cats. There will be a total of 33 kennels to offer housing during business hours or on an overnight basis. They also propose an indoor exercise area where dogs will be supervised at all times. Other components of the business will be a grooming service, retail sales of pet supplies, and personalized baked pet treats. The parcels surrounding the property are zoned M-1 and are currently being occupied by industrial businesses with the exception of the parcel to the west, which is residential property within the City of Minneola. Mr. Henschel further noted a letter of opposition was received from the neighboring owners to the west along with a circulated petition. Applicant, Susan Cipriano, was present. She described it as an upscale boarding facility with a well insulated building. Owner of the boarding facility in Orlando, Ann Marie Papperelli, was present. a Steve, Facility Manager, spoke about noise prevention. Mayor Turville opened the public hearing. Bill Nelson, representing the homeowners located adjacent to the property, submitted a petition. He expressed concern about noise and questioned the disposal of animal waste. Lee Alexander, resident of Lake Wood Ridge Development, was not in favor of the request remarking that it is an industrial center surrounded by residential homes. Steve Berlinsky, 1217 N. Jacks Lake Road, stated there is a need for a place to board animals in the City of Clermont. He recommended the City do more to encourage jobs provided it has a minimum impact on others and commented this is an example of that. Jim Purvis spoke in opposition of the request. Mayor Turville closed the public hearing. City Manager Saunders commented there are no variances associated with this request. Council Member Mullins questioned animal waste disposal. The applicant remarked it will be bagged and placed in the dumpster. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • Mr. Henschel added if noise becomes a problem it can be brought back to Council. Council Member Renick commented on a kennel not fitting into an industrial park center and voiced concern with the noise of dogs for the neighbors. Steve, Facility Manager, advised that the building is modified with concrete block around it. There will be a drop ceiling where dogs will be located and the walls will be fully studded and insulated. Council Member Goodgame inquired who resides at the facility during the evening hours. The applicant replied that no one will be there; they will have monitors in place. Mayor Turville advised he is not in support of having this type of business at this location. Council Member Mullins stated he would have no problem with this in a light industrial park and suggested having more outdoor space. Council Member Renick moved to deny Resolution 1490 • seconded by Council Member Goodgame The motion passed with all members present voting "aye ". Resolution 1491 Mayor Turville read Resolution 1491 aloud by title only. • A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend Resolution No. 825 to allow for the addition of an auto rental business in the Clermont Regional Shopping Center Jim Hitt, Planning Director, reported on the request by Cendant Car Rental Group, Inc. for a conditional use permit to allow the use of an auto rental business in a C-2 General Commercial District. It will be located within the Clermont Regional Shopping Center, north of Highway 50 and east of Grand Highway. It is being proposed for the last store on the north side of the center and will take 1,400 square foot. Staff believes there is ample parking available for the additional 15 spaces, provided they are parked away from the normal patron parking areas. Staff recommended no exterior washing or detailing of any rental automotives occurring on the site. Any cleaning and mechanical maintenance must be done off site at a proper location. Those conditions are listed in the conditional use permit. Staff recommended approval. The applicant was present and available for questions. Mayor opened the public hearing. Jim Purvis spoke in favor of the request for that location. Mayor Turville closed the public hearing. Council Member Goodgame questioned the number of vehicles at this location. The applicant replied there would be 10 to 15 on a high turnover day at the most and noted there would be • a possibility of small trucks. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • Council Member Renick agreed this is a good location. Council Member GoodQame moved acceptance of Resolution 1491; seconded by Council Member Renick. The motion~assed with all members present voting "aye ". Mayor Turville called for a break at 8:57pm. The meeting reconvened at 9:14pm. Mayor advised these next two items would be heard together. Resolution 1488 Mayor Turville read Resolution 1488 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 for the construction of a home improvements retail development Variance Request - Lowe's Jim Hitt, Planning Director, reported on the conditional use permit and variance request for Lowe's Home Center, Inc. to be located on the south side of Highway 50, west of Oakley Seaver Blvd., north of Hooks • Street. The applicant requested the conditional use permit have a condition to perform a parking study one year from the time Lowe's is open for business. The study will count the vehicles at the peak parking times and during peak seasons for a minimum of six (6) months. If the parking study concludes that the existing parking spaces on the Lowe's 15.3 acre parcel meet Lowe's parking demand, then the deferred parking condition for the 3.8 acre parcel can be terminated by the City Manager. Staff did not support the requested condition being part of the conditional use permit. Staff recommended approval with the conditions outlined in the conditional use permit. Mr. Hitt described each of the variances noting that staff is not opposed to the requests. Hal Cantor, firm represents Lowe's, was present. He is in agreement with all of staffs recommendations. He gave a presentation of the site layout and an explanation of the requested variances. Mayor Turville opened the public hearing. Bill Banzhaf, 931 W. Montrose Street, voiced concern with Code Enforcement issues with Home Depot. Jim Purvis requested a designated employee parking area, definition of outdoor storage and display area, prohibit food and drink vendors, disallow overnight parking in retail or delivery, define delivery times for merchandise, designated fire lanes delineated and inclusion of a "go dark" clause. Richard Moore, resident of Mount Verde, urged Council to approve this home improvement store. Mayor Turville closed the public hearing. • Discussion ensued between Council, staff and applicant in reference to display areas and outdoor storage. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • City Manager Saunders clarified that a Conditional Use Permit (CUP) is negotiated between the applicant and the City of Clermont. If Council agrees to allow a condition to be less restrictive, the entity would have to apply for an amendment for their CUP. Each CUP is reviewed on an individual basis. Council Member Goodgame inquired about Lowe's paying for street improvements. City Manager Saunders stated the developer is responsible for internal streets such as Sandhill Boulevard. The Hook Street section is a county impact fee but will be responsible for all the other perimeter streets. Council Member Goodgame questioned a traffic light. City Manager Saunders remarked that the overall Conditional Use Permit/Planned Unit Development for Sandhill Commons has language to cover that issue. Council Member Goodgame inquired about employee parking. Mr. Cantor noted that employees are asked to park far away from the building but there is not a designated employee parking area. City Manager Saunders confirmed there is a section referencing the `go dark' requirement. Council Member Goodgame moved acceptance of Resolution 1488 without the food vendor portion; seconded by Council Member Mullins. • Under discussion, Council was not in favor of the applicants request for a deferred parking condition. Mayor Turville suggested including language to be developed in accordance to the approved site plans. City Manager Saunders added to be approved based on the site plan and architectural renderings. Council Member Renick recommended having that as standard language. Also, she inquired about the designated fire lanes. City Manager Saunders noted that is a site review issue and will be required. Mayor Turville reviewed the amendments to include no outside vendors and additional language that the applicant will develop based on architectural renderings and site plans submitted. Council Member Goodgame amended his motion to accept Resolution 1488 with eliminating the food vendor and adding language in accordance with presentation as submitted• seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Member Goodgame moved to approve the variance requests associated with Lowe 's Home Improvement Store • seconded by Council Member Mullins. The motion passed with all members present votin~aye ". • City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • Utility Agreement -Real Life Christian Church Assistant City Manager Gray presented the utility agreement. It is a request for water and sewer outside the city limits to a church facility. If the request is approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropriate. The project will therefore be developed pursuant to the attached utilities service agreement. Mr. Gray pointed out one change in the agreement under development standards. Language was added that the project shall be developed according to the JPA Land Development Regulations. Items not addressed in the JPA Land Development Regulations must be developed to City standards unless otherwise stipulated. Applicant, Jeff Scott, was present on behalf of the church. Council discussed annexation since the property is already contiguous to the city limits. City Manager Saunders stated there could be a condition as part of the Utility agreement. City Attorney Mantzaris noted the Council can approve and then direct staff to pursue annexation. City Manager Saunders recommended tabling for two (2) weeks to calculate fees then return to Council. Council Member Goodgame moved to table to October 10 • seconded by Council Member Mullins. The motion passed with all members present voting "aye ". City Manager Saunders remarked the City will need to obtain a copy of the proposed building plans to calculate the fees. Utility Agreement -Ridge Avenue Heights Subdivision Assistant City Manager Gray reported on the request for sewer service to a residential subdivision consisting of seven (7) lots. The property is located within the City of Clermont wastewater service area, but not within the water service area. The property is located west of Highway 27; south of Lakeview Hills. Staff has reviewed the preliminary site plan and noticed the right of way width does not meet the Joint Planning Area (JPA) Land Development Regulations (LDR). The site plan indicates 50 foot street right of way and the JPA LDRs require 60 foot street right of way width. Staff included the same language as the last agreement regarding Development Standards. Applicant John Nehmatallah was present. He advised of receiving approval from the County for the 50 foot right of way. The surrounding lots are a1150 foot right of way. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council was not in favor of annexation. Council Member Mullins questioned 50 foot versus 60 foot right of way. Mr. Nehmatallah noted the lot is appropriately sized at 50 foot adding that 60 foot would reduce his lot. • City Manager Saunders stated the City could require 60 foot. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 26, 2006 • Council Member Goodgame remarked on the 50 foot right of way not being an issue. Council Member Goodgame moved to approve the utility agreement• seconded by Council Member Mullins. The motion passed with all members present voting "aye " Under discussion, Council clarified the approval includes submittal of 50 foot right of way. ADJOURN: With no further comments, this meeting was adjourned at 10:43pm. .,.,yaa~:AacFe~ ,,, ~~: i .. ~:~. •: ...~ :, ~, • ~~ . A`~~TES'~ Tracy Ackroyd, City • APPROVED: Harold S. Turville, Mayor 11 CITY OF CLERMONT, FLORIDA INTER-OFFICE MEMORANDUM T0: FROM: Wayne Saunders, City Manager Steve Graham, Police Chief /, DATE: 09/12/2006 FILE: SUBJECT: Surplus Items REFERENCES: ENCLOSURES: Surplus List of Equipment I would like to remove these items form the Police inventory list and declare them as surplus. The attached list of equipment is no longer in use. Many of the items are in need of service and/or are not compatible ith current equipment. • • • • n n ~ ~~om ~ ~ ' ~ ~ -r ~ a ~ ~_ fA ~ D t7 N O .a, .~ A m A W O ~ ~ ~ cjo tD ¢1 vN ~ ~ ~ tD < < n C -{ ~3 ~ ~ S fD f D O ~ n ~ °~ °'N ; ~: y 3 O c~ o o ~' ; ~ `° ~ ~ ~mc o ~ o eu as o o-~ ~ i 3 0 0~ °- ~` ~ m a a ~ n°" 3 °' 1 ~ ~~ M • ~ m '} O 7 0 ~. O 1 D DDD D n n-~ ~ ~ ~ ~ ~ o 0 _a ~~~ 0 n ~ Q C)~ A ~ ~ A 11 ~ ~ .A. N f D z. 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