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10-24-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • The Clermont City Council met in a regular meeting on Tuesday, October 24, 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 Deputy City Clerk Noak. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Mayor Turville introduced the local candidates that were present. Jim Purvis, 4206 Hammersmith Drive, on behalf of Kings Ridge, read a letter of thanks and well wishes for Council Member Renick's service. Mr. Purvis mentioned the need for volunteers for the Nightmare on Montrose Street event. Cindy Barrow thanked Council Member Renick for her service on behalf of the children of Lake County. Fred Sommer, Sommer Sports, Inc., thanked the City and its employees for their assistance at the recent triathlon event. Kelly Cartier, 1320 W Lakeshore Drive, voiced a complaint regarding being stopped by animal control • for walking her dog at Park Pals. She requested that the City allow this at the park. City Manager Saunders commented that animals are allowed in the perimeter areas but not on the fields. A gentleman thanked Council Member Renick for her six years of service on City Council. Bob Bowman thanked Council for holding the recent workshop and mentioned that Council should consider a way to showcase businesses and their events at 8`h Street and Minneola Avenue. He would also like to see the sidewalks available to businesses for potted plants, holiday items, and tables. Mayor Turville said this would be looked into. Wendy Talamonti, 1340 Lakeshore Drive, commented that they have a chicken and would like to keep it for educational purposes. The chicken is part of a Lake County Fair project being held in April 2007. There has been a complaint filed regarding the chicken and, she would like to file for a variance. City Attorney Mantzaris stated that this is a code issue that is undergoing the code enforcement process; should she desire to apply for a variance, she may go through the process. Mayor Turville suggested she meet with City Manager Saunders to discuss possible solutions. MINUTES City Council Regular Meeting minutes of September 26, 2006 and October 10, 2006 Council Member Goodgame moved acc~tance of the September 26, 2006 minutes; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". • City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 Council Member Goodgame moved acceptance of the October 10, 2006 minutes; seconded by Council Member Mullins. The motion~assed with all members present voting•"aye ". Mayor Turville stated that the Utility Agreement for Real Life Christian Church had been withdrawn and also advised Council that Hancock East, Resolution 1501, requested to be postponed to November 28`h; and Resolution 1502, Wake Board Camp, requested to be postponed to November 28"'. Council Member Mullins moved to table Resolution 1501 to November 28 • seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Council Member Mullins moved to table Resolution 1502 to November 28; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". r1 U PROCLAMATION Mayor Turville read the National American Indian Heritage Month Proclamation. REPORTS City Manager Saunders informed Council that t Development Block Grant for the Bloxam Avenue project and will be able to put this out for bid soon. e City had received a $700,000.00 Community drainage project. Engineering had worked on the A CRA meeting was scheduled for 6:30 p.m., November 14. City Attorney Mantzaris - No Report Council Member Hogan stated that he was pleased the City of Leesburg was agreeable to the school strategy plan. Also, he requested to be informed when the next Lake County Land Planning Agency meeting would be. Council Member Hogan congratulated Fred Sommer for a very successful triathlon. Council Member Hogan invited all to attend a Meet the Candidates event being held on November 2 at Summit Greens. Council Member Hogan mentioned his continued concern regarding water conservation in Florida and indicated he would be working with the City Engineer on these issues. Council Member Goodgame reported that the Florida Department of Transportation would be holding a meeting at the Lake-Sumter South Lake Campus on October 30 at 5 p.m. and again at 6 p.m. regarding the expansion of Highway 50 from Bloxam Avenue to west of Hancock Road. He questioned if Ford & Harrison is reporting on more than just one department regarding computer use. City Manager Saunders responded that Ford & Harrison is only conducting the review for one department; however the League of Cities review is ongoing at this time. Council Member Mullins - No Report Council Member Renick - No Report 2 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • Mayor Turville asked if the triathlon finish line improved this year. City Manager Saunders stated that it had. 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 -Purchase Approval Engineering Department Request approval to purchase City Utility vehicles included in the 2006-07 Budget Item No. 2 -Budget Amendment Engineering Department Request to amend the Engineering Department Budget in the amount of $10,971 to replace a City Utility vehicle involved in an accident Item No. 3 -Scope of Service Change Order Request approval of Change Order for Tetra Tetra Tech HAI - (fka-Hartman & Assoc) Tech to complete the telemetry system design and construction project Item No. 4 -Bid Award GWP Construction, Inc. Approval to award bid for the Clermont/Minneola Potable Water Interconnect system design and construction project Item No. 5 -Purchase Approval • Engineering Department Item No. 6 -Bid Award Flowers Chemical Laboratory Item No. 7 -Equipment Surplus Utility Department Item No. 8 -Scope of Services Boyle Engineering Item No. 9 -Bid Award Shelley Septic Tank, Inc. Item No. 10 -Lease Agreement Royal Street Communications • Request approval to piggy-back Hernando County's bid for the purchase of bulk sodium hypochlorite for the disinfection of the City's potable and wastewater systems Request approval to piggy-back Haines City's bid for laboratory testing services from Flowers Chemical Laboratory for the City's potable and wastewater systems Request approval to declare surplus specific materials located on the Greater Hills Water Treatment Plant Request approval of Scope of Services to Boyle Engineering in the amount of $65,416 to perform professional engineering services related to the effluent disposal modifications at the East Water Reclamation Facility Request approval to piggy-back the City of Apopka's bid for residual hauling and disposal Approve Lease Agreement between the City and Royal Street Communications for City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • communication services site located at 1105 Disston Avenue (Water Tank) Item No. 11 -Event Request Christian Men in Action Request from Christian Men in Action to close portions of Desoto Street, Scott Street, School Street and Juniata Street in order to host a Community Block Christmas Party on December 23 from 5 p.m.- 9 p.m. Item No. 12 -Open Air Sales & Tent Permit Ciro's Christmas Trees Council Member Mullins pulled item number 12. Council Member Renick pulled item number 4. Request for an Open Air Sales & Tent Permit to sell Christmas Trees from November 7 - December 31, located at the NE corner of Hwy 50 and Grand Ave. (across from RaceTrac Gas ', Station) Council Member Goodgame moved acceptance of items 1, 2, 3, 5, 6, 7, 8, 9, 10, and 11 of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting aye ". Council Member Renick requested clarification of item # 4. Tamara Richardson, Utility Director/City Engineer, provided information on the project which would interconnect with Minneola's water system for emergencies and conveying water for alternative water sources, commenting that the Minneola portion of the project had been completed. Council Member Mullins, regarding item #12, clarified the location is Highway 50 and Grand Avenue. Council Member Goodgame moved acceptance of items 4 and 12; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". Utility Agreement -Real Life Christian Church This item was withdrawn at the request of the applicant. Ordinance 569-M - Final Hearing, Tower Villages, Inc. 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; providing for • City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • the adoption 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. Barbara Hollerand, Planner, presented the Small-Scale Comprehensive Plan Amendment and the Tower Villages Developers Agreement. The request was to change the Future Land Use Map designation from UD-5 Residential/Professional to UD-5 Commercial. The area is north of S.R. 50, south of Legends Way and west of Hancock Road, consisting of approximately 5.048 acres. The owner is seeking to combine this with a 2.8 acre parcel to the west, which already has the UD-5 Commercial land use designation. An amendment to an existing 2004 Development Agreement is concurrently being considered with this request, with the applicant seeking to develop the entire site as commercial. Access to the properties would be from S.R. 50 and Legends Way, and the City may require the developer to coordinate waste water collection with adjacent projects. Staff recommendation was for approval. Herb Smith, owner, and Wade Boyette, future partner, were present. Herb Smith emphasized that he would like to make it work, but it had been difficult to balance the project with its current size. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. City Manager Saunders commented this would clean everything up and noted a prior concern with mixed use. Council Member Goodgame moved acceptance of Ordinance 569-M; seconded by Council • Member Mullins. The motion passed on a roll call vote 5 to 0, with all members present voting <~e» Developers Agreement -Final Hearing, Tower Villages, Inc. Council Member Goodgame moved acceptance of the Developers Agreement: seconded by Council Member Mullins. The motionpassed with all members present voting "aye ". Ordinance 536-M - Final Hearing, Southern Fields Phase III Ordinance 537-M -Final Hearing, Southern Fields Phase III 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. 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 descriped herein as shown below, providing for severability, providing for an effective date and • City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • Providing for publication. Planner Barbara Hollerand presented the annexation and rezoning for Southern Fields Phase III. The annexation consists of 32.88 and is located south of Hartwood Marsh Road, east of Hancock Road, east of Southern Fields Phase I and north of Southern Fields Phase II. The current zoning is County R-3 and would become Urban Estate upon annexation. The property owner had approval in the County to develop Southern Fields Phase III as a 102 home phase with a density of 3.1 homes per acre. The overall acreage and density for all Southern Fields phases would be 366 homes on 121 acres at 3.02 homes per acre. The previous owner, Ladd Development, entered into a water and wastewater service agreement with the City and as part of that agreement, future phases of the subdivision are to be annexed into the City prior to issuance of the first zoning clearance for each future phase. An administrative rezoning to R-1 accompanies this annexation application. Staff recommendation is for approval. Alex Davis, representing KB homes, was present. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins mentioned the sign violations that KB Homes had continually promised would not reoccur and desired to see that the sign regulations would be followed. Mr. Davis stated he would bring this to KB Homes attention. Council Member Renick moved to accept Ordinance 536-M; seconded by Council Member Goodgame. The motion passed on a roll call vote 5 to 0, with all members present • voting "aye ". Council Member Renick moved to accept Ordinance 537-M; seconded by Council Member Goodgame. The motion passed on a roll call votes to 0, with all members present voting "aye ". NEW BUSINESS PZatApproval -Southern Fields Phase III Jim Purvis, 4206 Hammersmith Dr., stated this should be tabled until KB Homes could insure they will be a good neighbor regarding signs. City Attorney Mantzaris indicated that Council could not do so as KB Homes have not been cited nor have a charge pending. Council Member Goodgame moved to accept the Southern Fields Phase III Plat; seconded By Council Member Hogan. The motion passed with all members present voting "aye ". Council Member Hogan requested the City Manager send KB Homes a letter regarding the signs. Resolution 1493 -South Lake Hospital Mayor Turville read Resolution 1493 aloud by title only. • A Resolution of the City Council of the City of Clermont, Lake County, Florida, City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • Granting a Conditional Use Permit to allow for the expansion of the helicopter pad and associated maintenance building. Jim Hitt, Planning Director, provided Council with an overview of the Conditional Use Permit to allow for an expansion of the helicopter pad and maintenance building. This would include two phases, the first phase extending the existing concrete pad to create a helicopter parking area; additional ground level lighting; and athree-foot high fence with shrubbery. The second phase would be the construction of a 15' x 15' maintenance building. Staff recommendation was for approval, with the conditions included in the Resolution. Applicant John Moore was present. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Dr., asked if the maintenance building was for helicopter maintenance. Mr. Moore responded that the building was designed to store small parts if needed, but they could do without the building in the beginning. Council Member Goodgame questioned the black vinyl coated fence. City Manager Saunders responded that this would be part of the site review process. Council Member Renick moved to accept Resolution 1493; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". • Resolution 1494 -Community Foundation Mayor Turville read Resolution 1494 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 amedical/professional office in the R-3-A zoning district. Curt Henschel, Planner, presented the Conditional Use Permit requesting amedical/professional office in the R-3-A zoning district. The parcel is approximately 2 acres located east of the intersection of Citrus Tower Blvd and Oakley Seaver Dr. The proposed building would be approximately 3,200 square feet and will house offices, meeting space and aresource/conference room. Staff recommendation is for approval. Bruce Greer, applicant, was present. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Renick moved to accept Resolution 1494; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Resolution 1495 -Hancock Town Center Mayor Turville read Resolution 1495 aloud by title only. • City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a retail shopping center with more than four users. Curt Henschel, Planner, presented both the Conditional Use Permit and the variance request for Hancock Towne Centre. The applicant requested to allow for a retail shopping center with more than four users on an 11.5 acre parcel currently zoned PUD with C-2 (General Commercial) uses. The parcel is located on the northwest corner of Hancock Road and Hooks Street. The parcel had been approved in July 2001 to develop the land as an 8 lot commercial subdivision with individual users on each lot. The developer has decided to combine four parcels and create two 29,250 square foot buildings for a shopping plaza. Staff recommendation was for approval. The applicant requested a variance to allow a retaining wall without a landscape buffer on the exterior side. Staff recommendation was for approval. An additional variance the applicant requested was for a sloped landscape buffer to the northern property line not to exceed a 4 to 1 slope. Staff did not support this request. Rick McCoy, project engineer, was present. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. • Council Member Goodgame questioned if Mr. McCoy was fine with the staff recommendation regarding the sloped landscape buffer. Mr. McCoy responded that they were looking for a transition behind where Office Depot is, but could do without this slope if necessary. Mr. McCoy described what it would look like and how it would allow leeway for them to do a slope if they could. Council Member Mullins agreed that a slope would be better than a wall. City Manager Saunders stated that a 4 to 1 slope would be fine and commented that storm water runoff prevention is why the City Code is written as such. Council Member Goodgame moved to accept Resolution 1495 • seconded by Council Member Mullins. The motion passed with all members present voting "aye " The traffic light at the corner of Hooks Street and Hancock Road was discussed as was having Hancock Town Center pay their proportionate share. City Manager Saunders responded that if Council desired to ensure this occurs, it should be a condition of their Conditional Use Permit. Mayor Turville reopened the public hearing for comments. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to amend Resolution 1495 to include a provision that theypay their share o~the traffic light• seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Variance Request -Hancock Town Center Council Member Mullins moved to accept the variance request under the condition that • should water runoff or erosion presentproblems they would have to erect a wall; seconded City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • by Council Member Goo~ame The motion passed with all members present voting "aye ". Variance Request -Edgington Offices Planner, Curt Henschel, presented the variance request asking to allow less than 1 parking space per 200 square feet. City Code Section 98-14 requires a minimum of 1 parking space per square foot. The applicant desired to convert existing warehouse space to office space at 1150 West Minneola Avenue. They are requesting approval for a total reduction of 2 parking spaces so that the remaining 800 sgaure feet of warehouse space can be converted to office space. The developer maximized the building square footage and did not account for the additional office space. Staff recommended denial as staff did not see a hardship. Phil Edgington, owner, commented that more office staff is needed and considers this a hardship. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins inquired as to the number of employees. Mr. Edgington responded that there were a total of eight people in the two buildings. Council Member Goodgame asked if someone else was at that location in the future, could the City require the additional parking. City Attorney Mantzaris responded that the City could do this if it were a land use change, but not if it were an ownership change. Council Member Goodgame moved to accept the variance request: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". . Open Air Sales & Tent Permit -Home Depot City Manager Saunders clarified that the applicant is Apex Holiday and the owner is Home Depot. He explained that the Christmas Tree sales would be in the parking lot. Since there are outstanding code violations, staff recommends denial. Mayor Turville inquired if these were two issues that were exclusive of each other. City Attorney Mantzaris stated that the City had the authority to limit additional requests when there is an existing violation of City Code until compliance has been met. Jeff Woodale, Assistant Manager, Home Depot, advised he had the understanding that Code Enforcement had been contacted and had indicated that they were in compliance. Planning Director Jim Hitt responded that Code Enforcement had not issued a release as to being in compliance and further commented that Home Depot Attorney Jimmy Crawford met with the Planning Department regarding filing another variance request that would be more reflective of their need. Council Member Goodgame moved to deny the request• seconded by Council Member Renick. The motion or denial passed with all members present votin~aye ". Resolution 1496 -Subordination of City Utility Easement Interests, parcel I03.3R City Manager Saunders described Resolutions 1496, 1497, 1498, 1499, and 1500 as providing right-of way to Department of Transportation for the widening of S.R. 50. Mayor Turville read Resolution 1496 aloud by title only. • City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 • A Resolution of the City Council of the City of Clermont approving the subordination of City utility interest for Parcel No. 103.3R and providing an effective date. Council Member Goodgame moved to accept Resolution 1496; seconded by Council Member Mullins The motion passed with all members present voting "aye ". Resolution 1497 -Subordination of City Utility Easement Interests, parcel 104.2R Mayor Turville read Resolution 1497 aloud by title only. A Resolution of the City Council of the City of Clermont approving the subordination of City utility interest for Parcel No. 104.2R and providing an effective date. Council Member Goodgame moved to accept Resolution 1497: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Resolution 1498 -Subordination of City Utility Easement Interests, parce180I.4R Mayor Turville read Resolution 1498 aloud by title only. A Resolution of the City Council of the City of Clermont approving the subordination of City utility interest for Parcel No. 801.4.R and providing an effective date. Council Member Goodgame moved to accept Resolution 1498; seconded by Council Member Mullins. The motion passed with all members present votin~aye ". Resolution 1499 -Subordination of City Utility Easement Interests, parcel 800.3R Mayor Turville read Resolution 1499 aloud by title only. A Resolution of the City Council of the City of Clermont approving the subordination of City utility interest for Parcel No. 800.3R and providing an effective date. Council Member Goodgame moved to accept Resolution 1499; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Resolution 1500 -Subordination of City Utility Easement Interests, parcel 803.3R Mayor Turville read Resolution 1500 aloud by title only. A Resolution of the City Council of the City of Clermont approving the subordination of City utility interest for Parcel No. 803.3R and providing an effective date. • 10 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 24, 2006 Council Member Good~ame moved to acct Resolution 1 S00 • seconded bX Council Member Mullins. The motion passed with all members present voting"aye „ ADJOURN: With no further comments, this meeting was adjourned at 9:04 p.m. APPROVED: •,,,~ a:. F~ . • ~ ~. ~, ;_ . n. .ATTEST:` ` ~= s Tracy Ackr yd, ity Cler arold S. Turville, Mayor • • ~~ • Memo To: Wayne Saunders, City Manager Frorrx Tamara Richardson, PE, City Engineer~~ CC: Date: October 19, 2006 Re: Greater Hills Water Treatment Plant Surplus As part of the Greater Hills Water Treatment Plant expansion project, the City Utility Department is requesting to declare surplus the facilities located on the project site that were related to the former facility when it was owned by a private utility. The following equipment is surplus: (1) Steel storage tank and pump room commonly referred to as a package plant or can station approx. 12.5' wide by 46.8' long. (1) 50,000 gallon steel ground storage tank on concrete pad with aerator, approx. 11.9' wide by 59.4' long. (1) 50,000 gallon steel ground storage tank on concrete pad approx. 11.9' wide by 59.4' long. I am requesting that the above listed materials be declared surplus and that staff be authorized to advertise them for bid and to proceed with removal of the equipment. •