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10-10-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 • The Clermont City Council met in a regular meeting on Tuesday, October 10, 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 Mullins gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Wally Herda made a complaint regarding the noise on Highway 27 from the Florida Department of Transportation (FDOT) during the early morning hours. He noted that he spoke to a representative of the FDOT and City Attorney Mantzaris about the issue. City Attorney Mantzaris advised there is a Florida Statute that preempts city ordinances as it relates to the state highway system. He further noted that he provided Mr. Herda with a copy of the statute. A representative from FDOT offered to meet with Council to discuss the project. Mr. Herda submitted a copy of an FDOT newsletter to the Council. Ronald Ruff, 2928 Majestic Isle Drive, expressed disappointment with the Council not reducing the tax millage rate. He reported a City vehicle speeding through Regency Hills. Mr. Ruff also questioned the • number of employees it takes to install blue markers in front of the fire hydrants. City Manager Saunders stated we are the third lowest on taxes out of 14 cities in Lake County and requested he give his contact information to Assistant City Manager Gray. Council Member Goodgame commented that the City's millage rate is a small part of the overall tax bill. Jeremy Kevitt, President of the Clermont Police Officers Union, appeared before the City Council. City Attorney Mantzaris remarked this is not the appropriate forum for them to present at this time. Mayor Turville commented if this goes to arbitration, we would be at fault. Mr. Kevitt requested to be placed on a City Council meeting agenda. Mayor Turville suggested returning to the group with concerns that entertaining issues at this forum would encroach on their rights of the union format. Mr. Kevitt stated he does not want to hinder progress. Mayor Turville asked him to direct concerns and thoughts through the channels provided in the contract. City Attorney Mantzaris advised of the negotiation channels. Both sides have team representatives and until negotiation teams have reached an impasse; the Council should not participate. It could taint the • process if Council hears their remarks at this time and could draw on unfair labor practice. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 • Mayor Turville asked Mr. Kevitt to proceed through the proper channels. Kelly Stacey Haynes, voiced concern as a citizen and mother regarding lack of staffing and requested bringing staff levels up to protect citizens. She acknowledged to not being privy to negotiations. Mayor Turville noted that additional personnel were approved as of October 1S` in the new fiscal year budget and a request is on the consent agenda to consider approval of additional police vehicles. MINUTES Minutes of the Council Meeting held on September 26, 2006 Council Member Goodgame moved to approve the September 26 minutes as written seconded by Council Member Mullins. The motion passed with all members t~resent voting "aye ". REPORTS City Manager Saunders - No Report City Attorney Mantzaris commented on an issue with a Greater Homes development located outside of the city limits with advertising they are within the city limits. He sent a letter requesting they revise their brochures and was told they would cooperate. They are continuing to use a reference as a community in the friendly City of Clermont. Mr. Mantzaris has spoken to their attorney and asked for Councils . suggestion to proceed. Council Member Goodgame noted the language is not in their brochures. Their sales representatives are telling people it will include city services. He also said the information on their website has not changed. Mayor Turville requested City Manager Saunders contact their representatives to advise that City Council will consider moving forward with any action. Council Member Hogan - No Report Council Member Goodgame reported on the City of Leesburg not approving the school concurrency agreement. He remarked on the property FDOT purchased on Highway 27. They built a parking lot but not to city standards. There are no flower plantings as city requires and the parking spaces appear to be smaller. City Manager Saunders replied he contacted FDOT about that project. They will modify the parking lot to put in the landscaping. He requested Planning Director Hitt to confirm the parking spaces. This location will also be served as a Park and Ride. Council Member Mullins questioned whether they are subject to the landscaping ordinance. City Manager Saunders advised that FDOT claimed an exemption from the Statutes. Council Member Mullins - No Report • 2 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 • Council Member Renick reported on an email correspondence from Mr. Thompson regarding organization budget requests. She commented that Council has been uncomfortable choosing organizations in the past. Mayor - No report 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 Approval of a Sublease Agreement with Lake- Sumter EMS for co-location at temporary Fire Station 3 Item No. 2 -Plat Approval -Bella Lago Itern No. 3 -Bid Award/Budget Amendment Item No. 4 -Purchase Approval Request plat approval of a residential subdivision located on the east side of Hwy 27, North of Kings Ridge, south of Johns Lake Road Request to amend the Fire Department Budget and approve purchase of a radio repeater Request approval for purchase of Police Vehicles in the 2006-2007 Police Dept budget • Council Member Mullins moved approval of the consent agenda; seconded b~ Council Member Goodgame. The motion gassed with all members present voting "aYe ". UNFINISHED BUSINESS Variance Request -Clermont GC, LLC Curt Henschel, Planner, reported on the variance request for a Golden Corral restaurant at the corner of Highway 50 and Grand Highway. In order to move forward with the development, the City is requesting a property exchange where the owner will gain a 15 foot strip of property adjacent to Highway 50, and the City will gain a 25 foot strip of land adjacent to Grand Highway. With this exchange, the City will gain .2 acres for right of way construction and the property owner will gain .11 acres for development. The property owner will have a net loss of. 09 acres. With the property now 25 feet narrower than before, the developer is now faced with a problem of not having enough buffer widths on the east and west sides of the property. On the east side, the applicant is requesting a 5 foot landscape variance request. The proposal will leave a 5 foot landscape buffer adjacent to the EZ Lube property. On the west side, the applicant is proposing a 15 foot wide landscape buffer rather than a 20 foot buffer as required by code. City code requires landscape buffer adjacent to collector roadways to be a minimum of 20 feet in width. The applicant will have a net loss in property after the exchange, and staff feels the intersection of Grand Highway and Highway 50 will be greatly improved over the existing conditions. With the redevelopment of the intersection being the developer's responsibility, staff is not opposed to the landscape buffer reductions and recommends approval of the variance request. Chris Roper, Akerman Senterfitt, was present on behalf of Golden Corral. Doug Dannen, applicant, and • Arthur Nix, Engineer, was also present. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 • Arthur Nix, Engineer, showed illustrations of the surrounding property. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville noted the variance request would improve the intersection between the Race Trac gas station and this facility. Council Member Mullins moved to grant the variance • seconded by Council Member Goodgame. Council Member Goodgame requested an additional 2 feet for the parking spaces to improve the appearance. City Manager Saunders remarked it would require another variance. Council Member Goodgame called for the question. The motion passed with all members present voting "ave ". Mayor Turville noted the next two items would be heard collectively. Resolution 1492 -Hancock Commons • Mayor Turville read Resolution 1492 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 commercial development to include restaurants and retail stores. Variance Request -Hancock Commons Curt Henschel, Planner, reported on the conditional use permit (CUP) and the variance request. The conditional use permit request is to allow for a commercial village of up to 39,000 square feet, and with 4 out-parcels along Highway 50. The proposed development will consist of restaurants, national retailers and boutique retailers. The 13 acre property is located south of Highway 50 and east of Hancock Road. This CUP was granted approval in August 2005 but condition 7 under section 1 stated that construction must begin within one year. At this time, construction plans have been approved, but actual construction has not begun rendering the CUP void. This condition has now been extended to the typical Z year time limit. The two (2) variances were also granted along with the CUP in August 2005. The same variances are requested without any changes. The variances are to allow for a grading cut and fill up to 24 feet rather than the maximum 15 foot cut and fill and to allow half of the landscape buffer to be sloped rather than the entire landscape buffer being level. Staff recommended approval of the CUP and supported the variance requests. Chris Roper, Attorney with Akeman Senterfitt, was present on behalf of Trycon. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public • hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 Council Member Goodgame moved acceptance o,~Resolution 1492• seconded by Council Member Mullins. The motion amassed 4 to 1 with Mayor Turville opposing. Council Member Goo~ame moved acceptance of the variances; seconded by Council Member Mullins. The motion passed 4 to 1 with Mayor Turville opposing. Utility Agreement -Real Life Christian Church Mayor Turville stated the Utility Agreement for Real Life Christian Church has been requested to be postponed to October 24. Council Member Goodgame moved to table the Utility Agreement to October 24; seconded b~ Council Member Mullins. The motion passed with all members present voting "aye ". NEW BUSINESS Citrus Tower Event Greg Homan spoke to Council regarding the Citrus Tower SO~h anniversary celebration to be held on December 2 which will coincide with the Light Up Clermont events. The celebration includes concerts, fireworks and special guests. It will be anon-alcoholic event. He has met with the City of Clermont • Police and Fire Departments and the Lake County Sheriffs Office regarding parking issues. The consensus of the meeting is the City will handle traffic for Light Up Clermont and the Sheriff Office will handle the Citrus Tower event. Mr. Homan requested 4 Firefighters and a couple of Police Officers from the City to assist with the event. Also, the Sheriffs Office has two (2) traffic control signs and requested to set out three (3) days in advance. City Manager Saunders stated the main concern was traffic and parking. The shopping center has allowed them to use their parking lot and with help from the Sheriffs Office, it will be covered. Mr. Homan noted he plans to shut down access from Highway 27. Council Member Goodgame commended him on being very cooperative with the City and suggested using shuttles. City Manager Saunders confirmed something could be worked out if he wants to use shuttles. Mayor Turville inquired about a finalized schedule for Light Up Clermont. City Manager Saunders noted there would not be a conflict and supported having firefighters from the City Fire Department to be onsite for the fireworks show and to have a couple of officers to assist on site. Mayor Turville questioned whether it could be handled without direction from Council. City Manager Saunders confirmed Council action was not necessary. • 5 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 • CFT Sommer Sports Barbara Groves, Sommer Sports, was present. She questioned being overlooked with regard to previous requests to be included in the budget workshops. City Manager Saunders remarked that the City is doing everything that was approved by Council which includes providing an attendant to maintain the city facilities. As far as budget workshops, the event would occur in the following budget year and those workshops would be held next July. Ms. Groves requested to discuss the 2006 event in a budget workshop. City Manager Saunders advised that staff begins the budget process in March of each year. He noted the intent is to bring to Council next spring for the following budget year. Ms. Groves requested the City provide a dumpster, haul trash away and police support. Council Member Goodgame suggested the City support the event. City Manager Saunders noted the City does not have dumpsters however the contractor works for the City and they have roll off containers that could be leased by the City. Mr. Saunders confirmed a dumpster could be obtained within the existing budget. He further commented on the issue with the request for police officers. Some officers are paid directly by CFT Sports and others are paid overtime by the City so there are different amounts paid to the officers. Mr. Saunders preferred to not provide police assistance. S Fred Sommer was also present on behalf of CFT Sports. He agreed with City Manager Saunders comments on police assistance. Council Member Goodgame moved for the City to provide three (3) _t_rash containers or the CFT Triathlon event; seconded by Council Member Mullins. The motio~assed with all members present voting "aye ". Mayor Turville noted the agenda item to be discussed is a request for a Beer Garden. Ms. Groves requested to have a Beer Garden on the dates of October 18 and October 21. She advised they would have security personnel. Mayor Turville opened public hearing. Franklin Chase Forth voiced concern with serving alcohol. He noted the downtown area is pushing more towards serving alcohol instead of revitalization. Furthermore, serving alcohol does not seem appropriate for a health event. Ron Becker voiced concern with parking and advised they will not park at Becker Funeral Home anymore. Charlene Forth spoke against the request for both event dates. • City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2005 Sam Segar, General Manager of Benchwarmers, stated he was approached by Sommer Sports for this event. The Beer Garden planned will be in the Benchwarmers parking lot with two (2) tents provided and a barbeque grill. He has met with Mr. Becker and supports his recommendation to have cars towed out of his parking lot. Mr. Segar stated he is trying to cooperate and has no control of where people park. Steve Berlinsky, 1217 N. Jacks Lake Road, recommended Council oppose the request for a beer garden. He also noted the image of Clermont is positive and not necessary for people to celebrate by drinking in the street. Ms. Groves commented the beer garden itself will be an extension of the restaurant. City Manager Saunders remarked there has not been an issue in the past with reception type events therefore staff is not opposed to the beer garden at the reception however recommended denial of the other event. There is already a parking problem on regular nights. A greater problem has been experienced with beer gardens noting the impossibility to contain consumers in the beer garden. He voiced concern with having people on the sidewalks explaining that is the reason for recommending approval of the reception but denial on the day of the event. Council Member Mullins concurred with Mr. Saunders recommending the reception only. Mayor Turville questioned the possibility of approving outside cooking and the sale of non-alcoholic beer on the day of the event. Council Member Mullins moved to approve the reception on October 18th as requested . and on October 21S` approve food outside but no alcoholic beverages; seconded bX Council Member Goodgame. Council Member Mullins suggested considering next year. Mayor Turville requested staff review parking signs and help Mr. Becker with enforcement. Council Member Goodgame called for the question. The motion passed with all members present voting "aye ". Mayor Turville called for a recess at 9:42pm; the meeting reconvened at 9:SSpm. Variance Request -San Jose Restaurant Curt Henschel, Planner, reported on the variance request for San Jose's Mexican Restaurant located at the north east corner of Highway 27 and Hartwood Marsh Road. The applicant has proposed to open a restaurant within a retail building located in the Publix Shopping Center at Kings Ridge. This shopping center is a commercial development consisting of retail sales and professional office. The variance is for a total reduction of 35 parking spaces. When the parking calculations are determined for a restaurant, the ratio is higher than a standard retail store. The retail gross floor area required 15 parking spaces, and the proposed restaurant requires 50 parking spaces. Staff noted that the developer maximized the building square footage and did not account for larger restaurants to occupy the retail space. Based on the variance review criteria, staff did not see a hardship in this case and recommended denial of the variance request. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 • The applicant was present requesting approval and advised Council that 5 out of 8 businesses are operating during the week and this restaurant is mainly open on the weekends. Mayor Turville remarked that the Kings Ridge Homeowners Association President submitted a letter noting they do not object to the request. Mayor opened the public hearing. Paula Orr remarked it is an excellent use of the facility to benefit the community. There are no other sit down restaurants. Tim Buck, 3960 Liberty Hill Drive, stated he has never seen the parking lot full so there is ample parking to handle the restaurant. Council Member Goodgame photographed the parking lot during peak hours and commented there is plenty of parking on a Saturday afternoon. Many Kings Ridge residents use golf carts instead of cars. Council Member Goodgame moved acce,Qtance o,~the variance request for San Jose Restaurant• seconded by Council Member Mullins. The motion passed with all members present voting_"aye ". Variance Request -Stonegate Jim Hitt, Planning Director, described the variance request for the Kings Ridge Professional Centre. The • applicant requested permission to allow a retaining wall within the required 20 foot landscape buffer. The proposed retaining wall will encroach about 4 feet from the site into the required landscape buffer, which would preserve about 100 feet of existing landscaping within the site. The retaining wall would not be needed if the landscaping were removed. The Kings Ridge subdivision has requested that the landscaping remain since it is already established and mirrors the southern entrance landscaping. The required 20 foot landscaping buffer will still be adhered to, but with the proposed retaining wall. Staff feels that saving the established landscaping and the minimal effect the wall will have at this location justifies this variance request and recommended approval. The applicant was not present. Council Member Goodgame commented that Randy Langley has worked closely with the Kings Ridge Homeowners Association. Mayor Turville opened the public hearing. Steve Maury, 3674 Rollingbrook Street, remarked he had the opportunity to work with Randy Langley and Jim Purvis. They did an outstanding job of working with the community and recommended approval. Mr. Purvis submitted a letter from the Kings Ridge Homeowners Association requesting approval of the variance and commended City Manager Saunders for his assistance. Council Member Goodgame moved approval of the variance request for Stonegate; seconded by Council Member Mullins. The motion passed with all members present • voting "aye ". 8 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 • Ordinance 536-M -Introduction Mayor Turville read Ordinance 536-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 of Ordinance 536-M: seconded by Goodgame The motion passed with all members present voting "aye ". Ordinance 537-M -Introduction Mayor Turville read Ordinance 537-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, amending the official zoning map of the City of Clermont, referred to in Chapter 122 of Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described herein as shown below, providing for severability; providing for an effective date and providing for publication. Council Member Mullins moved introduction of Ordinance 537-M; seconded by Goodgame. The motion passed with all members present voting "ave ". i Ordinance 569-M -Introduction Mayor Turville read Ordinance 569-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting the small scale comprehensive plan amendment for the City of Clermont, Florida, pursuant to the local government comprehensive planning act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the small scale comprehensive plan amendment; setting forth the purpose and intent of the small scale comprehensive plan amendment; establishing the legal status of the small scale comprehensive plan amendment; providing a severability clause; and providing an effective date. Council Member Mullins moved introduction o~ Ordinance 569-M: seconded by GoodQame. The motion passed with all members present voting "aye ". Tower Villages Inc. Developers Agreement -First Reading City Manager Saunders explained this agreement goes along with the small scale comprehensive plan that surrounds the retention area east of the Progress Energy power substation. There is an existing Developers Agreement that limits the property used for office space and retail. The proposed change would allow the entire parcel to be used as commercial. Mayor Turville opened the public hearing. • 9 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 10, 2006 e There were no public comments. Mayor Turville closed the public hearing. City Attorney Mantzaris advised that no action is necessary from Council. Mayor noted the final hearing will be heard at the next Council meeting. Charlene Forth requested to be heard at the end of the agenda since she was not present for the public comment portion at the beginning of the Council meeting. Mayor Turville requested that she be brief. Charlene Forth stated she has received several calls regarding low morale at the Police Department. She voiced concern with necessary equipment, laptops not being installed and accreditation status. She inquired about the police officer not being allowed to speak at the beginning of the Council meeting. Mayor Turville explained the City is currently negotiating the union contract with them. There are rules that cover them as a union which describes the appropriate channels of which they have to adhere to. Council does not want to be outside the process therefore he was asked to take remarks and forward through the proper channels. He advised that Council approved 7 new marked police cars under the consent agenda tonight and new officers have been approved to hire in the new fiscal year budget. Ms. Forth requested the legal ruling as to why the police officer could not speak. City Attorney Mantzaris commented that statutes provide certain rules for municipal employees. He explained Council is not permitted to participate in negotiations until both sides reach an impasse. It would open the door for unfair labor practice then Council could be accused of making inappropriate decisions. When the contract comes back to Council, it will be right and enforceable. ADJOURN: With no further comments, this meeting was adjourned at 10:29pm. . K. ~ + k~^~~ 1 ~~ ' •• ;~~ a ~ F _ +' ' z~ 'A~'TE~"I'i • APPROVED: Gl~ arol S. Turville, Mayor 10