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11-28-2006 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2006 The Clermont City Council met in a regular meeting on Tuesday, November 28, 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 Berlinsky. Other City officials present were: City Manager Saunders, Assistant City Manager Gray, City Attorney Mantzaris, and Deputy City Clerk Noak. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES City Council Regular Meeting minutes of October 24, 2006. Council Member Mullins indicated he believed Linda Cartier's last name was misspelled. Mayor Turville responded that staff would research. Council Member Goodgame moved acceptance of the October 24, 2006 minutes as amended: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Charlene Forth, 939 W Desoto Street, asked Council to remind staff to have information delivered to those who serve on committees. She commented that her neighborhood has problems with vehicles ', from three daycare facilities parking on the road and the lack of a safe way to back out of their driveways. Ms. Forth suggested the use of no parking signs. Mayor Turville indicated that staff could meet with the daycare centers and attempt to work out a solution. Bill Banzhaf, Banzhaf Realty stated the downtown area looked beautiful. He mentioned that he told Preston Davis, Public Services Director, that he has a 30-foot spruce tree he would like to donate to the City for a Christmas tree. City Manager Saunders will follow up. REPORTS City Manager Saunders reminded everyone about Light Up Clermont this coming weekend. City Attorney Mantzaris - No report. Council Member Hogan noted the Lions Club spaghetti dinner on Saturday. Council Member Goodgame mentioned the Lake County Habitat for Humanity 100"' home ', celebration on December 9 in Eustis. Council Member Mullins - No report. Council Member Berlinsky asked City Attorney Mantzaris if the City could adopt their own Code of Ethics and apply it to City staff as well as Council. Council Member Goodgame did not believe this is an issue in the City. Mayor Turville expressed that he is unwilling to meet with developers prior to any City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2006 public hearing, and further commented he did not have a problem adopting an ordinance regarding Council, but not staff, as it would be too large to cover. City Manager Saunders mentioned the Florida League of Cities has information on this issue and conducts annual seminars. City Manager Saunders also brought up the availability of the Government in the Sunshine Manual and suggested Council i Member Berlinsky meet with City Attorney Mantzaris. ~~, Council Member Hogan mentioned attending the Planning & Zoning meetings. Mayor Turville encouraged those present to attend the Citrus Tower celebration on Saturday and the House of Presidents. 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 -Budget Amendment Utilities Department Request for an amendment to the Utilities Department 2006-07 Budget in the amount of $3913.00 to purchase a new copier for the Utilities Department Item No. 2 -Purchase Approval Police Department Item No. 3 -Equipment Purchase and Surplus Police Department Item No. 4 -Lease Agreement Renewal Sheriff's Substation Item No. 5 - Interlocal Agreement Item No. 6 -Cooperative Research Agreement Request approval to purchase digital car video systems approved in the Police Department 2006-07 Budget for Police vehicles Request approval to surplus existing weapons and purchase new weapons for the Special Weapons and Tactics (SWAT) team Renewal of Lease Agreement with Lake County for use of 882 Desoto Street -Sheriff Substation Request approval of an agreement between the City and Lake County regarding the grant for the Inland Groves Property Purchase Agreement with UCF for Data Sharing Program Council Member Mullins moved acceptance of the ConsentAgenda • seconded by Council Member Goodgame. The motion passed with all memberspresent votin~cr~e "_ UNFINISHED BUSINESS Mayor Turville announced that Ordinance 353-C and 354-C would not be heard due to proper advertising. Council Member Goodgame moved to table Ordinance 353-C to January 9 • seconded b~ Council Member Mullins. Motion passed with all members present voting "aye " 2 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2006 Council Member Goodgame moved to table Ordinance 354-C to January 9; seconded by Council Member Mullins Motion passed with all members present voting "aye ". Mayor Turville announced the Bella Lago Variance Request under new business had been postponed until December 12. 1 Council Member Goodgame moved to table the Bella Lago Variance Request to ', li December 12 • seconded by Council Member Mullins The motion passed with all ~I '~ members present voting "aye ". ', II Ordinance 352-C -Final Hearing, Transportation Proportionate Fair Share Mayor Turville read Ordinance 352-C aloud by title only. An Ordinance of the City of Clermont amending Chapter 90 "Concurrency Management" of the City Code by identifying existing Sections 90-1 through 90-1 l as Article I "In ', General" and by creating Article II "Transportation Proportionate Fair Share", Sections ', 90-16 through 90-25; providing for liberal construction; repealing all Ordinances or parts ', i of Ordinances in conflict with this Ordinance to the extent of such conflict; providing for codification, severability, and an effective date. I. Jim Hitt, Planning Director, stated that the City, Lake County, the Metropolitan Planning Organization ', and other municipalities had met and staff drafted the ordinance to meet the Florida Statutes requirements '~ i for transportation proportionate fair share. Lake County has approved this and T J Fish was present to !, answer any questions. It was designed to assist in calculating a developer's transportation concurrency I ~~ proportionate fair-share contribution. II,, , Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. ', Council Member Goodgame moved to accept Ordinance 352-C • seconded by Council Member Berlinsky The motion passed with all members present voting "aye ". Ordinance 568-M -Final Hearing-Large Scale Comprehensive Plan Amendment Mayor Turville read Ordinance 568-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting a text change to allowable uses in Undeveloped District 5 and a corresponding map change (Black West); ~! adopting a map change to Undeveloped District 2 (Theater Management Inc.) and a related text change limiting intensity; adopting a map change to Established Residential District 4 (Inland Groves); adopting a text change to allowable uses in Established ', Business District 1; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan amendments; establishing the legal status of the Comprehensive Plan amendments; providing for severability, conflict and an effective date. City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2006 Barbara Hollerand, Planner, said this was the adoption part of the process for the City's second-cycle 2006 Large Scale Comprehensive Plan amendments. Previously Council voted to transmit six amendments to the Department of Community Affairs for review. The City received comments back from the state and modified the amendment package and pulled items #5 and #6, which were administrative amendments. Ms. Hollerand informed the public should they desire to have the Florida Department of Community Affairs notify them of when the Notice of Intent finding would be published, to meet with her later and complete the information. Ms. Hollerand presented the first applicant requested amendment as the Black West amendment. The property is located southeast of the Florida Turnpike, north of Old Highway 50, east of Turkey Farm Road, and west of Black Still Lake Road. DCA requested amixed-use designation be assigned so a "Mixed-Use Classification III" was created, changing the property from County Urban Expansion and Suburban to the City's Undeveloped District 5 (LTD-5) Mixed-Use Classification III. This change also required a text change to UD-5 and a table was created at the direction of DCA showing the maximums and minimums for each use. Staff recommendation was for approval. Ms. Hollerand gave an overview of the second applicant requested amendment from Theater Management, Inc. The property is 31-acres located east of U.S. 27, north of Steves Road, and South of Hooks Street. When the amendment was submitted, it was for a map change amendment. DCA raised concerns and a text amendment had been added. Ms. Hollerand commented that with the cap on commercial intensity, this is more restrictive than what Council previously approved. Staff recommendation was for approval. Barbara Hollerand, Planner, presented the Inland Groves amendment as an administrative request fora map amendment to assign a City future land use to the property. Staff recommendation was for approval. '~ Ms. Hollerand provided an overview of the administrative Comprehensive Plan text amendment to update the Established Business District 1 (EBD-1) future land use district language to include "personal service ', establishments" as an allowed use. Staff recommendation was for approval. Mayor Turville opened the public hearing. Theater Management, Inc. representative Frank DeMarsh agreed with the recommendations and DCA changes. Cecelia Bonifay, representing Black West, is in agreement with the recommendations. Ms. Bonifay ', indicated there is an agreement regarding Mr. Bethune's access. Charlene Forth, 939 West Desoto Street, was opposed to the allowance of personal services in the EBD-1 future land use district. Ms. Forth mentioned that past petitions indicated that 95% of the neighborhood were opposed to this change, citing the change was solely for the Butlers and there are already problems with parking. Ms. Forth asked if all applicants would need to meet requirements such as retention ponds, sidewalks and parking. City Manager Saunders responded this would apply to all projects. City Attorney Mantzaris commented this was just the Comprehensive Plan and the rest of the City Codes would still have to be complied with. Matt O'Mally was present on behalf of Clermont Residents for Reasonable Growth who are opposed to the Theater Management project. The residents were concerned that this property is attempting to avoid the DRI process and noted the traffic analysis was not current. ', City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2006 Jim Purvis, 4206 Hammersmith Drive, stated he was present at the Planning and Zoning meeting and noted they were some that were concerned the project was coming to them as a piece meal issue. Frank DeMarsh stated the project began in April 2005 and felt this was not being fast tracked. He noted should the project require a DRI process, then that process would be followed. I'~, Mayor Turville closed the public hearing. Mayor Turville stated they would review each item separately. Council Member Mullins commented the petition opposing the Theater Management property contained approximately 40% of the signatures of individuals who do not live inside the City and felt the petition has been misrepresented to the public. Furthermore, the City is not moving fast on the project. City Manager Saunders stated the Planning and Zoning hearing on the Theater Management property was for the CUP; not the land use change being presented to Council. Mayor Turville commented that if the Theater Management development thresholds change, the City would have the process changed. Mayor Turville was opposed to the addition of personal services to the EBD-1 district, even if he votes in favor of the Ordinance. City Manager Saunders explained this use change to the EBD-1 district would allow for personal services and it is unknown as to why it had been omitted. The intent is to allow for services such as beauty shops, etc., and would not be in residential neighborhoods. Council Member Mullins moved to accept Ordinance 568-M as presented• seconded by Council Member Goodgame. Motion passed on a roll call vote 5 to 0 with all members present voting "aye ". Ordinance 570-M -Final Hearing, Real Life Christian Church Annexation Mayor Turville read Ordinance 570-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. Jim Hitt, Planning Director, presented the proposed annexation as an 18.77 acre site located off of Steves ' Road, east of U.S. 27 and west of Citrus Tower Blvd. Currently the land is vacant with a future land use ' designation of Lake County Urban Expansion. This would become Urban Estate upon annexation and the owner plans to construct a church and school on the property. The owner would be required to apply for a Comprehensive Plan Amendment for an Undeveloped District 2 (UD-2) Future Land Use Map designation. The development plans are currently being prepared for presentation during the CUP process. Staff recommendation was for approval. ' ', City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2006 Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to accept Ordinance 570 M• seconded by Council Member Mullins. Motion passed on a roll call vote 5 to 0 with all members present voting "aye ". Resolution 1502- Wake Board Camp Mayor Turville read Resolution 1502 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 a boarding house/wakeboard camp within the Central Business District. Curt Henschel, Planner, presented the project in the Central Business District located at 857 West Osceola Street. The applicant is Bret Jones and the request is for a boarding house/wakeboard camp. Staff ~ ~i recommendation was for approval. ' ', I Council Member Berlinsky indicated the date that Planning and Zoning met needed correction along with changing the word "approved" to "recommended". Bret Jones, the applicant, was present and provided an overview of the project and requested Council approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame asked if boat parking in the rear was allowed. City Manager Saunders stated j that it could be done. Council Member Goodgame commented there were only five (5} parking spaces but potentially six (6) students. Mr. Jones stated the students do not drive there, they are picked up at the airport. Mayor Turville asked, since this was a school, if they had to comply with those regulations. Mr. Jones commented the site plan was submitted for the stricter code of a commercial structure, but would research further. City Manager Saunders stated if this was approved as a boarding house, those codes would have to be adhered to. approved and insert recommended • seconded by Council Member Mullins The motion passed with all members present voting "aye " NEW BUSINESS Resolution 1503 -Hills of Clermont 6 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 2$, 2006 Mayor Turville read Resolution 1503 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. 1241 to change the allowable use of a parcel from Residential to Professional Office/Commercial. Curt Henschel, Planner, presented the request to amend Resolution 1241 to change the allowable use of a ' ', parcel from residential to professional office/commercial. The applicant is Woody Wallace and the ~ '', project location is north of Hooks Street and east of Hancock Road. Staff recommendation was for approval. The applicant, Woody Wallace, was present. City Manager Saunders clarified this is to allow for the entire area to be rezoned. Rick McCoy, project Engineer, stated this was to rezone all the property to commercial and not have one ' of the parcels zoned professional only. Mr. Wallace mentioned they met with the surrounding homeowners and they have a recorded agreement with the property owners allowing for commercial development with certain restrictions. They felt the ~, designations were too restrictive and requested the zoning of C-2 on the front and back parcels. There was discussion regarding the applicants request compared to staff review of the project. Mayor Turville then read Resolution 1501 aloud by title only, as the accompanying document of Resolution 1503. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow for a professional office center with more than 20,000 ' square feet and with shared parking. Council Member Mullins asked if the City should have the developer's agreement using the homeowner's agreement. City Manager Saunders stated that consideration should be given to table these until staff can review what the applicant desires. City Manager Saunders felt this could be brought back at the next meeting. ! ' Council Member Goodgame moved to table Resolution 1503 to December I2; seconded by Council Member Mullins The motion passed with all members present voting "ave ". Council Member Goodgame moved to table Resolution I SOI to December I2: seconded by Council Member Mullins The motion passed with all members present voting "aye ". Variance Request -Alex & Sandra Ludick Jim Hitt, Planning Director, stated the variance is to allow for a solid roof on an existing screen enclosure at 1608 Indian Shore Drive. He further explained that prior Council approvals had been granted for other similar variances. Staff recommendation was for approval. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2006 Mr. and Mrs. Ludick were present and requested approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to accept the variance request• seconded by Council Member Mullins. The motion passed with all members present voting "aye " Variance Request -Bella Lago Staff requested postponement to December 12. Resolution 1504 - BudgetAmendment FY2005-2006 Mayor Turville read Resolution 1504 aloud by title only A Resolution of the City of Clermont, Lake County, Florida, authorizing budget amendments for the City of Clermont for Fiscal Year 2005-2006. City Manager Saunders explained this reflected changes Council had approved to the budget during the ~I previous fiscal year. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to accept Resolution 1504• seconded by Council Member Mullins. The motion passed with all members present voting "aye " Ordinance 35I-C -Introduction Mayor Turville read Ordinance 351-C aloud by title only. An Ordinance of the City of Clermont relating to taxation amending Chapter 58 ', "Taxation", Article N "Occupational License Tax" of the City Code to remove all references to "Occupational License Tax" and replace it with "Local Business Tax"; ~!, providing for the issuance of a receipt in lieu of a license; deleting Section 58-126, "Revocation of License" providing for codification, severability, conflict, and an ~~ effective date. ~~ Council Member Goodgame moved to introduce Ordinance 351-C • seconded by Council Member Mullins. The motion passed with all members present voting "aye " Ordinance 548-M -Introduction Mayor Turville read Ordinance 548-M aloud by title only. An Ordinance of the City of Clermont, Florida amending the City of Clermont Operating/Capital Funds Investment Policy, Article XII, "Authorized Investments and Portfolio Compositions"; repealing all Ordinance or parts of Ordinances in conflict with 8 City of Clermont MINUTES REGULAR COUNCIL MEETING NOVEMBER 28, 2006 this Ordinance to the extent of such conflict; providing for severability, and providing for an effective date. Council Member Mullins moved to introduce Ordinance 548-M• seconded by Council Member GoodQame. The motion passed with all members present voti~ "aye „ ADJOURN: With no further comments, this meeting was adjourned at 9:35 pm APPROVED: I~ai . Turville, Mayor ATTES ff~r' ~~ racy Ackr yd, City 1 rk 9 CITY OF CLERMONT, FLORIDA INTER-OFFICE MEMORANDUM TO: Wayne Saunders, DATE: 11/15/2006 FII,E: City Manager SUBJECT: Surplus and Purchase of Weapons FROM: Steve Graham, REFERENCES: Police Chief ENCLOSURES: I have been reviewing equipment needs of the agency and it has become apparent that some of the weapolns used by our Special Weapons And Tactics (SWAT) team are no longer reliable and shouldn't be used. Th$r~ are also a variety of makes and models in use. I would like to surplus six (6) of these weapon systems ajndl purchase five (5) new ones. We have contacted weapon dealers to inquire about trade-in credit for the weapons to be removed from inventory. This is a common practice among law enforcement agencies. We could ohly find one dealer willing to accept all six (6) of the weapons. The following are the price quotes for Heckler and Koch; Model G36 weapon systems. I am requesting five (5) of them: Theses are totals for five (5): SRT Supply $6,095.00 St. Petersburg, FL. Lou's Police & Security Equipment $6,945.00 Hialeah, FL. Clyde Armory $6,965.00 Athens-Bogart, GA SRT Supply has offered $2,400.00 credit for the surplus weapons. I am requesting to finance the differe~lce from Seizure Expenditures account #10521-54911 for an amount of $3,695.00. If approved, these are the designated weapons for surplus: Make Model Serial Number 1. Bushmaster XM15-E2S L310666 2. Bushmaster XM15-E2S L3ll009 3. Olympic Arms PCRO1 JJ6783 4. Olympic Arms PCR02 JJ8153 5. Olympic Arms PCR02 JJ8163 6. Olympic Arms PCR02 KX9976 Thank you for your consideration