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01-09-2007 Regular MeetingCiry of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 The Clermont City Council met in a regular meeting on Tuesday, January 9, 2007 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 City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Mayor Turville read the proclamation aloud declaring January 19, 2007 as Arbor Day. MINUTES Council meeting minutes of November 28, 2006 and December 12, 2006. Council Member Goodgame moved approval of the minutes of November 28 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Goo~~ame moved approval of the minutes of December 12 as written; seconded b~ Council Member Mullins. The motion passed with all members present voting "aYe". PUBLIC COMMENTS Jim Purvis, 4206 Hammersmith Drive, complimented Council, City Manager Saunders and the Fire Department on the pinning ceremony for the six (6) new Fire Department Lieutenants. REPORTS City Manager Saunders reported that Fire Station 3 will be in full operation tomorrow morning with receiving their Certificate of Occupancy last Friday. There has been a request for an event planned by the Downtown Partnership this weekend which includes an arts and crafts show on Saturday from 10am to 5pm and Sunday loam to 4pm on Montrose Street for one block. Council Member Goodgame moved to grant the Downtown Partnership event for January 13 and 14; seconded by Council Member BerlinskX. The motion passed with all members present voting "aye". City Manager Saunders remarked on attending the Lake County Commission meeting. Commissioner Renick suggested a joint meeting between Lake County, Mineola and Montverde regarding transportation issues facing us in the near future. Lake County Manager Cindy Hall requested potential dates and will be contacting each member to coordinate that meeting, if Council is interested in participating. Previously, the County approved a grant for $2.5 million to help the City for preservation. At today's City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 meeting, they formalized it by approving the grant agreement and will receive the money within the next 120 days. The Council scheduled a workshop to meet the candidates who have requested consideration to the various boards for Thursday, January 18 at 6:OOpm. Council Member Berlinsky requested addressing the Ethics Ordinance at that time. City Attorney Mantzaris - No Report Council Member Hogan thanked Commissioner Renick for voting to support the grant. Council Member Goodgame reported on the tourism tax revenues decrease from November 2005 to November 2006. Council Member Mullins - No Report Council Member Berlinsky - No Report Mayor Turville reported on an agenda error. Letters sent to citizens regarding the Jones/French conditional use permit had an incorrect date. The Planning & Zoning Commission hearing will be on February 6 and will be heard on February 20 by the Council. Resolution 1509 has been requested to be postponed to January 23, 2007. Council Member Goodgame moved to postpone Resolution 1509 to January 23, 2007; seconded by Council Member Mullins. The motion passed with all members present voting "aye". 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 the Cost Share Agreement between St. Johns River Water Management District. & the City of Clermont for Alternative Water Supply Projects -Reclaimed Water Storage Tank and Pumping Facilities Item No. 2 -Agreement Approval Item No. 3 -Scope of Services Horn & Associates for Kimley Horn Approval of the Cost Share Agreement between St. Johns River Water Management District & the City of Clermont for Alternative Water Supply Projects -Force Main from the West WWTF to the EFRF Approval of the Scope of Services from Kimley Fire Station #1 calculation City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 Item No. 4 -Purchase Approval Request approval to piggy back Tampa Bay Water contract for well-repair with Diversified Drilling Corporation Item No. 5 -Budget Amendment Request for a Budget Amendment to the Fire Department Budget in the amount of $3494.00 for the purchase of an administrative vehicle with a total purchase price of $15,994.00 Council Member Goodgame commended staff for doing an excellent job regarding items 1 and 2. Council Member Goodgame moved to accent items 1 through 5 of the consent a eg nda; seconded by Council Member Mullins. The motion passed with all members present voting_"a~". UNFINISHED BUSINESS Ordinance 353-C Final Hearing Mayor Turville read Ordinance 353-C aloud by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CITY CODE BY AMENDING SECTION 2-212, "COUNSEL NAMED" PROVIDING THAT THE CITY ATTORNEY SHALL REPRESENT THE CITY STAFF BEFORE THE CODE ENFORCEMENT BOARD, PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICT AND EFFECTIVE DATE. City Manager Saunders stated that historically the City Attorney has represented the Code Enforcement Board leaving city staff without representation. This ordinance will allow the City Attorney to represent staff and a separate attorney will be hired to represent the board. Mayor Turville opened the public hearing. Jim Purvis, Chairperson of the City Code Enforcement Board, noted he believes the Board as a group supports this change in the hope that it streamlines Code Enforcement into compliance. Mayor Turville closed the public hearing. City Attorney Mantzaris stated this ordinance has an immediate effective date and recommended changing the effective date to April ls` allowing administrative time. Council Member Mullins moved to approve as written to take effect April 1S`; seconded by Council Member Berlinsky. The motion passed 5 to 0 on a roll call vote. Ordinance 354-C Final Hearing Mayor Turville read Ordinance 354-C aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA PERTAINING TO ENFORCEMENT OF CODES AMENDING CHAPTER 2, ARTICLE V OF THE CITY CODE, DELETING THE REFERENCE TO DIVISION 3, "ENFORCEMENT PROCEDURE" CREATING DIVISION 3, "CODE ENFORCEMENT CITATIONS" AND SECTIONS 2-224, ET. SEQUEL, PROVIDING FOR A SUPPLEMENTAL METHOD OF ENFORCING CITY CODES; PROVIDING AUTHORIZATION, APPLICABILITY, AND DESIGNATION, TRAINING AND QUALIFICATIONS OF CODE ENFORCEMENT OFFICERS; PROVIDING PROCEDURES FOR INVESTIGATIONS OF VIOLATIONS AND ISSUANCE OF CITATIONS; PROVIDING SCHEDULE OF VIOLATIONS AND CIVIL PENALTIES; PROVIDING PROCEDURES FOR PAYMENT OR COURT HEARING FOR CONTEST OF CITATIONS; PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. City Manager Saunders advised this ordinance will allow the Code Enforcement Officer to issue citations for certain types of violations listed in the ordinance. This will help take care of ongoing violations that have been a problem bringing to the code board such as signs. He reviewed the chapters that will be affected by this change. Mayor Turville opened the public hearing. Jim Purvis spoke as Chair of the Code Enforcement Board acknowledging support of the changes to improve the City of Clermont. He questioned whether the ordinance addresses sign pointers. City Attorney Mantzaris stated this will not change the City's current ordinances. If a sign pointer is located in the right of way, it will be an effective tool. Charlene Forth, 939 W. Desoto Street, questioned the change. City Attorney Mantzaris referred to F.S. 162 which enables the city to provide an alternative method as another tool for code enforcement. City Manager Saunders clarified we did not previously have the ability to write citations before this ordinance. Council Member Berlinsky added there is no effective way to address sign problem for the Code Enforcement Board to act. When the officer cites someone for a sign violation, the signs are removed within hours then the case is dropped since they are in compliance. City Attorney Mantzaris explained this ordinance will work like a traffic ticket or citation. Ms. Forth asked what employees would be allowed to write the citations. City Attorney Mantzaris advised any employee who can enforce the city code. Mayor Turville commented they are trying to accomplish more accountability and responsibility. Mayor Turville closed the public hearing. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 Council Member Mullins moved adoption of Ordinance 354-C; seconded b~ Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting-"aye". NEW BUSINESS Resolution 1511 Mayor Turville read Resolution 1511 aloud by title only. A RESOLUTION OF THE CITY OF CLERMONT PERTAINING TO ENFORCEMENT OF CODES BY CITATION AS AUTHORIZED BY ORDINANCE NUMBER 354-C, DESIGNATING CERTAIN INDIVIDUALS AS "CODE ENFORCEMENT OFFICERS" AND ADOPTING THE FORM FOR THE CITATION TO BE UTLIZED. City Manager Saunders noted this designates who can issue the citations and provides for the citation form. In response to Ms. Forth's concern, he recommended adding language to section 1 where it states as provided and insert "as provided for in respective job description". Jim Purvis requested the Council consider it temporarily for 12 months in the event this process does not work and expressed concern about no definitive of who the enforcer of this ordinance will be. Ms. Forth requested specific positions be listed. Council Member Mullins suggested designating anyone who has training the City Manager deems to do the job. Council Member Goodgame moved to approve Resolution 1511 with additional lang_uag_e to read "as Rrovided for in employee~ob description"; seconded by Council Member Berlinskv. Under discussion, Mayor Turville remarked the Council can always make changes to it. Council Member Goodgame called for the question. The motion passed with all members present voting "aye". Utility Agreement -Lake County School Board Darren Gray, Assistant City Manager, reported on the request to amend the water and sewer agreement. The applicant is Klima Weeks Civil Engineering and the project is a new middle school on 30.62 acres. The property is located west of Hancock Road and south of Hook Street which is across from East Ridge High School. The Lake County School Board is trying to fast track this school. The utility agreement has to be developed to JPA regulations and requested 4 amendments. The applicant was present to review the requested amendments. Mayor Turville opened the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 Jim Purvis expressed concern with the plan. Council Member Hogan questioned the completion date. The applicant commented it is planned to finish in May 2008. Council Member Goodgame requested the applicant return with additional drawings before approving. Council Member Goodgame moved to table the Utility Agreement for Lake County School Board to January 23; seconded by Council Member Hoban. The motion passed 4 to 1 with Council Member Mullins opposing_ Variance Request -Pillar Curt Henschel, Planner, reported on the variance request on a vacant lot located on the west side of Bowman Street. The applicant has proposed to construct a 3,400 square foot office building. In order to configure the office building on the severely sloped parcel, the applicant requested three (3) variances. The variance requests are to allow for five foot wide landscape buffers rather than ten foot wide landscape buffers, to construct a building twenty (20) feet from the Bowman Street right of way, rather than twenty- five (25) feet, and to allow for 10 foot retaining walls rather than the maximum six (6) foot walls. Staff recommended denial of all three (3) variance requests. The Engineer for the project was present to address the variance requests by remarking on efforts made to minimize retaining walls and part of the parking is under the building. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville concurred with staff s recommendation. Council Member Berlinsky commented it is not an ideal situation however the applicant is trying to make the best out of a bad situation. Council Member Mullins remarked the lot is too small. Council Member Mullins moved denial of the request; seconded by Council Member Hogan. Under discussion, Council Member Goodgame spoke in favor of the request noting the building itself meets code except for the setback and the architect has done a good job of making it usable. The motion passed 3 to 2 with Council Members Goodgame and Berlinsky opposingthe motion. Mayor Turville called for a recess at 8:44pm; the meeting reconvened at 8:54pm. Council Member Goodgame requested moving the Clermont Yacht Club variance item up on the agenda. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 Resolution ISIO Mayor Turville read Resolution 1510 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 AN AMENDMENT TO THIS EXISTING CONDITIONAL USE PERMIT (RESOLUTION NO. 1453) TO ALLOW FORA 48 SLIP BOAT DOCK. Jim Hitt, Planning Director, reported on the request to amend the existing Conditional Use Permit (Resolution No. 1453) to allow fora 48 slip boat dock. The Planning and Zoning Commission did recommend approval but with 15 added stipulations. Staff recommended denial of the request. The applicant, Cecelia Bonifay, Esq., Ackerman Senterfitt, on behalf of the Clermont Yacht Club, was present. The only change is in using four (4) stroke motors by determining there is a special two (2) stroke which is more efficient. She submitted Robert Taylor's resume to retain on record. Phil Edgington explained it would be a docking facility for boats, not a marina. Mr. Robert Taylor, Ph.D., specializes in environmental analysis and assessment, natural resource management, environmental permitting, sovereign submerged lands issues, protected species assessments, and wetland evaluations. Mr. Taylor submitted an artist rendering present view taken looking southwest across Lake Minneola. The rendering also shows the boats required to be maintained out of the water on hoists. He addressed the dock placement location on the shoreline. It will be placed where there is less impact. He reviewed the impacts to vegetation which is less than one tenth of an acre. He referred to the 15 conditions recommended by the Planning & Zoning Commission and is in agreement with all except for the one as it relates to outboard motor engines and requested an amendment to include 2 stroke engines. He commented the proposed 48 slip dock is a reasonable use of lakefront property. Out of 266 residents, only 48 boat slips allowed. He further stated it is compatible with what is currently existing and planned in the area. Mayor Turville opened the public hearing. The following citizens spoke in opposition to the request: Hope Lamb, 519 Mar Nan Mar Place; Stacy Huntzinger, 185 Division Street; Nancy Fullerton; Arlene Hanks, 240 Division Street; Minneola Mayor Dave Yaeger; Ann Creo, 330 Division Street; Duane Zeller, and Charlene Forth, 939 W. Desoto Street. The following citizens spoke in favor of the request: Ed Knickman, President of Clermont Yacht Club Homeowners Association, Dick Schneider, Harry Nickell, Leigh Tucker, Ralph Hopkins, Steve Bragg, Diane Travis, Graham Partain and Gregory Parks. Ms. Bonifay responded to the comments in opposition to the request. She requested Council approval of the amendment with 15 conditions of the Planning & Zoning Commission with the exception to include 2 stroke engines with direct fuel injection. Mayor Turville closed the public hearing. Mayor Turville expressed concern with safety, gas getting in the lake when pouring into the fuel valve and 48 boats unprotected in the event of a hurricane. City of Clermont MINUTES REGULAR COUNCIL MEETING 3ANUARY 9, 2007 Council Member Berlinsky advised of a conversation he had with Nancy Fullerton prior to Council Meeting. He voiced concern about fuel and noted it was originally approved without a reference to a boat facility. Council Member Goodgame stated the four (4) stroke engine is better and commented on possible damage to the shoreline with the number of boats requested. Council Member Hogan voiced he was not in favor of the project. Cecelia Bonifay withdrew the application from any further action. Mayor Turville asked City Attorney Mantzaris if the Council could take action. City Attorney Mantzaris advised there was no motion on the table and the applicant has withdrawn therefore the Council can not take action. Mayor Turville called for a break at 11:40pm. The meeting reconvened at 11:48pm. Variance Request - Badcock Furniture Jim Hitt reported on the variance request to allow for a second wall sign on the rear of a building. The applicant was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame voiced preference for a standard monument sign instead of a wall sign. City Manager Saunders advised the code would allow for a monument sign without a variance. The code allows a 32 square foot monument sign on each road frontage. Council Member Mullins moved to table to February 13 to determine if the applicant has to return: seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Variance Request -Hessburg/Keeler Curt Henschel, Planner, reported on the request for property located south of Minnehaha Avenue that fronts the unimproved right of way for Eleventh Street. Rather than construct a street to city standards on that portion of Eleventh Street, the applicant, Mike Keeler, and owner, Sara Hessburg, are requesting the City allow them to construct a private driveway over City right of way to access the property. If granted, a residential lot would be created that does not have roadway frontage as required by Land Development Code, and requires a variance. In April 2002 and February 2005, the owner was granted this variance request for the same parcel. The owner did not start construction within the one year time frame, voiding the variance request each time. The applicant and owner are now requesting the exact variance request. Staff recommended approval of the private driveway and a lot without road frontage. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 Applicant, Mike Keeler, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of the variance request; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Variance Request - Hessburg/Seidel Applicants, Robert and Tracy Seidel, requested a variance to allow for a front setback of 30 feet in order to build a 10 foot extension toward the street. Staff stated the proposed addition would be a detriment to the neighboring homes due to the added protrusion toward the street and a hardship had not been proven by the applicant. Staff recommended denial of the variance to allow for a reduction of the front setback. Leonard Baird, 635 W. Hwy 50, was present to represent the applicant, Tracy Seidel, to request approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of the variance recfuest for HessburgJSeidel; seconded by Council Member Berlinsky. The motion passed with all members present voting "aye". Variance Request -Lake Sumter Community College Jim Hitt, reported on the variance requests for Lake Sumter Community College Softball Recreation Complex located north of Legends Way and west of Hancock Road. The applicant is Dick Scott and the owner is the District Board of Trustees of Lake Sumter Community College. The variances are to allow grading for a recreational facility, grading fill up to 35 feet, allow a 3 to 1 slope, and a portion of the parking area to be grass rather than paved. Staff was not opposed to any of the four (4) variance requests. Arthur Nix, Montverde Engineering, was present on behalf of the applicant requesting approval. Mayor Turville opened the public hearing. Ann Dupee spoke in favor of the request. Mayor Turville closed the public hearing. Council Member Mullins moved to approve• seconded by Council Member Berlinsk~ The motion passed with all members present voting-"aye" Ordinance 571-M (Introduction) Mayor Turville read Ordinance 571-M aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 9, 2007 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 571-M: seconded by Council Member Goodgame. The motion passed with all members present voting ay_e,,. Ordinance 572-M (Introduction) Mayor Turville read Ordinance 572-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 572-M• seconded by Council Member Goodgame. The motion passed with all members present voting"aye". ADJOURN: With no further comments, this meeting was adjourned at 12:26am. v ~ww~~"w ~ .n , . '-' l `: . `' ,,~~'~. APP ED: .' . ~~~ told S. Turville, Mayor #. 10 e~-rFCT•