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02-27-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 The Clermont City Council met in a regular meeting on Tuesday, February 27, 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 Goodgame gave the invocation followed by the Pledge of Allegiance. ' PUBLIC COMMENTS A representative from Benchwarmers thanked Council for approving their special event, which was very successful. Nancy Fullerton, Alliance to Protect Water Resources and the elected District 2 Water Authority Member, added a few items relating to Water Resource Project Manager Lance Lombard's presentation at the last Council meeting. Ms. Fullerton invited Council Member Hogan to attend the program meeting that would be held on Thursday, March 1 at 7:00 p.m. John Harris, President of the South Lake Business Leaders, commented they will be hosting the South Lake Chamber Business After Hours on March 8 at Cheeser's Palace. He requested that 7`h Street and Montrose to the west side of the South Lake Press be closed off from 5:30 p.m. to 7:30 p.m. and stated that the affected businesses had been contacted and there were no objections. Mayor Turville directed Mr. Harris to contact City Manager Saunders office to insure that staff could accommodate the schedule and called for a motion. Council Member Goodgame moved that the South Lake Business Leaders be given the privilege of blocking our streets they mentioned for their business event at Business After Hours on March 8 from 5:30 to 7:30 • seconded by Council Member Berlins , The motion passed with all members present voting "aye ". Lois Mathey, Kings Ridge, requested to know why there was no longer a police officer at Johns Lake Road and Hancock Road during school traffic and inquired when the traffic light would be installed. City Manager Saunders stated that the location is outside the City, but would contact the Lake County Sheriff to find out what the status is and when the traffic light should be in. REPORTS City Manager Saunders commented that the City Council had an excellent retreat meeting, but there were inaccuracies in newspaper reports regarding the downtown library. City Manager Saunders informed the public that the City is still looking into this issue. City Attorney Mantzaris reported that he would be out of the country the week of March 12 and that the March 13 meeting would be attended by Attorney Brown. Council Member Hogan mentioned his attendance at the recent Water Alliance meeting and the Villages attempt to gain quick approval of their request to increase water withdrawals. Council Member Hogan explained that they had not provided physical proof that. this would not have an impact and a delay has City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 been requested. Council Member Goodgame - No Report. Council Member Mullins mentioned the workshop he attended that was presented by County Attorney Minkoff on Sunshine, Ethics, and Records Retention and was pleased that the City of Clermont had several members of the Code Enforcement Board and Planning and Zoning Board present. Council Member Berlinsky - No Report. Mayor Turville - 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 -Event Request Request from Christian Men in Action for use of Christian Men in Action McKinney Park on Saturday, April 28, 2007 for a Health Fair and Community Awareness Day Item No. 2 -Purchase Approval Sanitation Department Request approval to purchase radios for the new sanitation vehicles Item No. 3 -Surplus Equipment Public Services Department Item No. 4 -Scope of Service Lake Winona Culver Rehabilitation Item No. 5 -Task Order Amendment Sunburst Lane Water Treatment Plant Item No. 6 -Task Order Amendment South Clermont Connector Force Main and Lift Station Item No. 7 -Professional Service Contract Transfer Booth, Ern, Straughan & Hiott (BESH) Item No. 8 -Bid Award Utility Technicians Request to surplus vehicles and send to auction Request approval of the Scope of Service from Kimley- Horn & Assoc. for the design and construction of the Lake Winona Culvert Rehabilitation Project Request approval of an amendment to Task Order No. 6 in the amount of $31,612.00 for the Sunburst Lane Water Treatment Plant Request approval of an amendment to Task Order No. 2 in the amount of $63,948.00 for professional services on the South Clermont Connector Force Main and Lift Station project Request approval of the Transfer of assignment of engineering services from Farner, Barley & Associates, Inc. to Booth, Ern, Straughan & Hiott for continued engineering services for the City Request to award bid for the Lift Station Improvements to Utility Technicians in the amount of $670,998.00 Item No. 9 -Contract Approval Request authorization to continue contract with CINTAs City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 CINTAs Uniforms and piggy-back the Lake County School Board contract. Item No. 10 -Bid Approval Request authorization to piggy-back the City of North Miller Pipeline Corporation Miami Beach Bid for Sewer Collection System Rehabilitation from Miller Pipeline Corporation Item No. 11 -Contract Approval Request authorization of the contract extension with A A Secure America Secure America, Inc. for professional services related to Vulnerability Assessment Item No. 12 -Budget Amendment Request to amend the Fire Department 2006-2007 Budget Fire Department in the amount of $7,245.00 for the cost of painting Fire Station #2 Item No. 13 -Professional Services Request approval of the Scope of Service with Boyle Boyle Engineering Engineering for Gopher Tortoise Survey and Permit for the Greater Hills Water Treatment Plant project Item No. 14 -Professional Services Request approval of the Scope of Service with Boyle Boyle Engineering Engineering for Gopher Tortoise Survey and Permit for the East Water Reclamation Facility Project Council Member Mullins motioned to accept the consent agenda items • seconded by Council Member Goodgame. The motion passed with all members present voting "aye " UNFINISHED BUSINESS Mayor Turville announced that the applicant for the Kings Ridge Professional Center variance request has asked this to be tabled for two weeks. Council Member Goodgame moved to table item number 4 under new business until the next meeting; seconded by Council Member Mullins The motion passed with all members present voting "aye ". Mayor Turville stated that staff had requested the Bella Lago variance request be removed and will not be back unless it is re-advertised. Resolution 1513 -Jones/French Mayor Turville read Resolution 1513 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 APUB/LOUNGE WITHIN THE CENTRAL BUSINESS DISTRICT. Jim Hitt, Planning Director, presented the request and indicated the Planning and Zoning Board voted to recommend approval and staff recommends approval with the conditions included and the request from the Planning & Zoning Commission to include the following language: The Pub/Lounge authorized City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 herein shall be continuously operated to ensure that the use does not create or pose a serious threat to the public health, safety and welfare of the City of Clermont. Bret Jones, 700 Almond Street, Attorney for the owner, stated that they accept all of the recommendations and conditions. Mayor Turville opened the public hearing. Franklin Chase Forth, 939 W. Desoto Street, opinioned that the money that has been put into the downtown area has gone to waste and to continue to allow these types of establishments would increase the problems that currently exist. Edward Apodaca, 777 W. Osceola Street, stated that there are parking problems with the establishments that currently exist. Cuqui Whitehead, 837 5"' Street, spoke in favor of allowing people to establish businesses and had full faith in the Police Department's capability in handling any problems that may occur. Bill Banzhaf, 931 W. Montrose Street and 790 W. Minneola Avenue, agreed with Mr. Forth and Mr. Apodaca, but did not feel that this was the reason to deny the request. Bob Bowman, downtown area property owner, indicated that he saw an opportunity having these types of businesses close together and could be an enhancement for the City if it is done properly and responsibly. Charlene Forth, 939 W. Desoto Street, stated that she was opposed to the request and was speaking on behalf of the Center Lake Neighborhood. Ms. Forth stated that should this type of business and other upcoming similar businesses be approved, there would be a total of five within a two block area. Ms. Forth mentioned the problems with parking and safety of children and patrons of other businesses that are open later in the evening. Mayor Turville closed the public hearing. Mayor Turville requested City Attorney Mantzaris to explain the language that the Planning & Zoning Commission requested to add to the Conditional Use Permit. City Attorney Mantzaris stated that it was written in response to the concern that Planning & Zoning had regarding the City being able to do something should the business become a continual nuisance. .Mayor Turville was concerned with the word "continuance" and did not interpret this as the intent of the Planning & Zoning Commission. City Attorney Mantzaris stated that the word ``continuance" could be removed. Council Member Goodgame proposed different wording: This CUP shall be for the Pub and Lounge authorized herein and shall be operated to insure the Pub/Lounge does not create a nuisance to the City and shall not pose a threat to the public, its safety, and/or its welfare or to the City of Clermont and its residents. Mayor Turville stated that this would be taken into consideration during a motion. Council Member Berlinsky asked the applicant's attorney several questions regarding the type of beverage license, the type of Pub, and who would be running the business. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 Attorney Jones responded that it would be an Irish Pub with a 4COP beverage license and that a resident of Clermont, who desired to remain unknown until this was approved, would run the business. Mayor Turville questioned if the beverage license required that there be a certain amount of food served. Attorney Jones stated that there would not be any food sales. Council Member Goodgame noted that in the Planning & Zoning report the parking lot in the rear would be developed. Attorney Jones stated that this was incorrect as the occupancy rate would not increase, so there would be no additional burden. Council Member Goodgame pointed out that the prior business did not operate at night and the proposed business would have an impact on parking and requested to know what the hours of operation would be. Attorney Jones indicated that the hours possibly would be from around 6 p.m. until 12 or 1 a.m. Council Member Berlinsky commented that he did not see how the proposed business was in the best interest of the general welfare of Clermont. Council Member Mullins asked if there would be entertainment. Attorney Jones stated that this was being discussed. Council Member Mullins stated that he had some concerns regarding the business only serving alcohol and not knowing who the management was going to be, as management is critical. Council Member Hagan noted potential parking problems and was not in favor of approving an alcohol only establishment. Council Member Berlinsky moved to deny Resolution 1513 • seconded by Council Member Hogan. Council Member Berlinsky requested that his motion be changed to denial without prejudice so that the applicant can change their business plan and return in less than a year. Council Member Berlinsky moved to deny without prejudice• seconded by Council Member Hogan. The motion passed with all members present votin~"a~. Attorney Jones objected to preserve the error for an appeal. NEW BUSINESS Variance Request -Sara Hessberg Emily Stallings, Planner, presented the request to allow fora 20 foot front yard setback as opposed to the 35 foot setback required by City Code, to allow for better sight lines. The location is 1061 W Minnehaha Avenue and zoned R-1-A. Staff recommendation was for approval. City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 The owner, Sara Hessburg, 1065 W Minnehaha Avenue, was present as was the applicant, Mike Keeler, 1679 Rosewood Drive. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, stated that she was opposed as she felt this was setting a precedence. Mayor Turville closed the public hearing. Council Member Mullins moved to grant the variance to Ms. Hessburg • seconded by Council Member Goodgame. The motion passed with all members present voting "ave " Property Purchase -David Heck City Manager Saunders stated that he had been contacted by Mr. Heck regarding a piece of property the City owned. The land owner of the Tasty Treat was required to provide the land fora future reverse frontage road when the property to the west was developed and additional right-of-way dedicated. City Manager Saunders stated that the recommendation is for denial. Mayor Turville stated that he did not want to take away the opportunity of having a reverse frontage road in the area. David Heck, 13207 Via Roma Circle, was present and indicated that he has changed his proposal. Mayor Turville suggested that if Mr. Heck had another proposal that is substantially different, then he should withdraw. Mr. Heck stated that the change involves a transfer of title. Mayor Turville requested an opinion from City Attorney Mantzaris regarding transfers of titles. City Attorney Mantzaris stated that once a transfer of title occurs, the property would no longer belong to the City of Clermont. Mr. Heck stated that the proposal was that he would pave the piece of property, which would assist Tasty Treat in fulfilling parking requirements and continue its use as a reverse frontage road. City Manager Saunders stated that he had not heard this proposal and suggested that Council provide the opportunity for Mr. Heck to meet with staff and present the changed proposal. Mayor Turville opened the public hearing. No public comment. Mayor Turville closed the public hearing. Council Member Mullins moved to table to March 27• seconded by Council Member Goodgame. The motion passed with all members present voting "ave ". City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 Resolution 1 SI S -Family Christian Center Mayor Turville read Resolution 1515 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 MODIFICATION OF THE SITE PLAN. Jim Hitt, Planning Director, presented the CUP amendment request to downsize the multi-purpose building and relocating all of the buildings to a central area adjacent to the existing sanctuary. The proposed building would be 44,000 square feet and constructed in three phases, with accessory buildings part of the master site plan. Staff recommended approval, with conditions. Applicant Bruce Ellis, 10350 Crossing Circle, was present. Mayor Turville opened the public hearing. Franklin Chase Forth, 939 W. Desoto, asked how the transportation coming in and out of the site would be handled. Mayor Turville explained that Council was considering changing an existing use which would decrease the size of a building and there is an existing agreement allowing ingress and egress from Highway 27. Jim Purvis, 4206 Hammersmith Drive, stated that he recalled that the buildings are portable buildings and there had been a time limit on the original permit and asked if an approval would re-start the time limit. City Manager Saunders stated that the buildings were modular and did not recall that a time limit had been set for the buildings. Mary Sanchez, 13228 Olsen Court, mentioned her concern regarding noise and desired they keep some of the trees, although she was not opposed to the project. City Manager Saunders stated that a park has been created on the south end and a water retention area in the back and they plan to exceed the City's buffer requirements. Alvin Cruz, 13220 Olsen Court, asked if fencing would be required. Mayor Turville stated that this was not a requirement. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval of Resolution 1515 • seconded bX Council Member Mullins. Motion passed with all members present voting "aye " City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 Resolution 1514 - PJ Marks Mayor Turville read Resolution 1514 aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AMENDMENT OF RESOLUTION 1406 FOR THE OPERATION OF A RESTAURANT AND BAR. Planning Director Jim Hitt presented the amendment request. Staff recommendation was for approval with the following to be included: The Restaurant and Bar authorized herein shall be continuously operated to ensure that the use does not create or pose a serious threat to the public, health, safety and welfare of the City of Clermont. P J Marks, 224 Orange Avenue, and Bill Harmening, 83 Interlachen in Orlando were present. Mr. Harmening explained that he and P J are business partners and their Attorney, David D'Amos, of Orlando was also present. Mr. Harmening gave an overview of the restaurant layout and the equipment list and indicated that they would be providing their own parking and did not think that they would be adding to the problems that the City is experiencing in the downtown area. Mayor Turville opened the public hearing. Franklin Chase Forth, 939 W. Desoto Street, asked where the people would be drinking and if outside, how are they going to be retained on the premises and would boats be pulling up and coming in. Mr. Forth stated that he would like to see Council Member Goodgame's prior suggested wording be used regarding nuisances. Dana Fassett, 294 W. Minneola, stated she prefers more retail businesses come into the downtown area. Ms. Fassett asked if background checks were done on the owners of the bars that come into the City and commented that this would control the type of people who run the business. Ed Apodaca, 777. W Osceola Street, commented that if the restaurant sticks to their plan, he and the homeowners association do not object. Charlene Forth, 939 W. Desoto Street, representing the Center Lake neighborhood, commented they do not want to see the bar part of the business, the outdoor bar, and boats coming up on the shore and tearing up the shoreline. Ms. Forth stated they need to meet the parking requirements. Mayor Turville closed the public hearing. Mayor Turville asked Planning Director Hitt about the Wakeboard Camp moving. Mr. Hitt stated that the building had been torn down and the site work was in progress and they would be moving to the location when completed. Council Member Berlinsky questioned what a certain area of the establishment was. Mr. Harmening commented that it was an outside bar. City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 Council Member Berlinsky asked what would be done about noise from the outside bar. Mr. Harmening stated that this would be done by volume control. Council Member Berlinsky asked how many patrons would they have. Mr. Harmening stated that their occupancy is for a total of 115. Mr. Harmening stated this had been approved in the past, but had to return as the approval had expired. City Manager Saunders commented that the current application difference was the Wakeboard use would no longer exist and would be for restaurant use only. Council Member Goodgame requested to see the map regarding the beach area and asked if boats would still be pulling in and out of there or would this be closed off. P J Marks, 224 Orange Avenue, commented that they could request the boats anchor out or ask that they use the City dock. City Manager Saunders stated DEP has a maximum amount of shoreline that is allowed to be cleared and this could be defined as part of the site review process and signage could be used to prevent other areas being used. Council Member Goodgame commented that outside noise should be restricted and be turned off after 11 p.m. and consider the use of a number of small speakers instead of larger speakers. Mr. Marks stated that they intend to comply with the noise ordinance. Council Member Mullins asked if there would be live entertainment. Mr. Marks commented that they would, but not late at night. Council Member Goodgame addressed the wording that Planning Director Hitt had provided and requested that the wording be amended to read: The CUP for this restaurant/bar authorized herein shall be operated to ensure that this bar/restaurant shall not create a nuisance to the City and shall not pose a threat to public safety, and/or public welfare to the City of Clermont and its residents. Council Member Goodgame moved for approval with the included wording. Council Member Mullins recommended that the wording nuisance to the City of Clermont be changed to nuisance to others. Council Member Goodgame amended the motion as recommended: seconded by Council Member Mullins. Mayor Turville mentioned to City Attorney Mantzaris his concern about rewriting this. Attorney Mantzaris opinioned that this came from a concern of the Planning & Zoning Board and the 9 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 language would be fine if the City needed to revoke the CUP. Mr. Harmening stated that the language was intended for the other business and was not brought up when his business was before Planning & Zoning. Council Member Good~ame called for the question. Motion passed with all members present voting "aye ". Council Member Mullins suggested that the added language should possibly be used for all future CUP's. City Manager Saunders stated that before the vote was taken he had asked the City Attorney if this vote was just pertaining to the language Mr. Goodgame added or if the motion was to approve the CUP as he had several comments regarding the CUP. City Manager Saunders asked City Attorney Mantzaris if the discussion could be re-opened as there are some clarifications that should be made. Council Member Mullins asked who could make the motion. City Attorney Mantzaris responded that any of them could, as long as it was voted in favor of. Council Member Mullins moved to re-open if needed; seconded by Council Member Hogan. Motion passed with all members present voting "aye ". City Manager Saunders commented that the application refers to the upstairs being converted to a restaurant, but there was no mention of the downstairs and what the downstairs would be used for should be clarified. Mr. Harmening responded that there was an area that the Wakeboard Camp would use until their building is completed. City Manager Saunders stated that it would not be allowed as the CUP does not allow a Wakeboard operation from the site. City Manager Saunders commented that they are not required to sign the CUP for 90 days and it would not be in effect until it was signed. This allows a 90 day to continue to operate the Wakeboard Camp. Mr. Harmening stated that an office was designed for them and asked if they could have a transition period. City Manager Saunders responded that it had not been advertised for joint-use, it was advertised as a restaurant and lounge. City Manager Saunders asked if they were going to have boats on the shore and on Mr. Marks' site for additional time, as this also would not be allowed. City Manager Saunders stated that what was presented to the City Council the night that the dormitory was approved was that they would be launching from the public ramp and keeping the boats on trailers on their property and did not mention continuing to operate from Mr. Marks' property. Council Member Berlinsky stated that since there is an advertising issue, they could come back within the 90 days and ask for an amendment. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 City Manager Saunders agreed that this could occur, requesting for a limited time use on the site. Mr. Harmening asked if they could go ahead and get started. City Manager Saunders indicated that they could not begin until they sign the conditional use permit, which would mean that the Wakeboard Camp could no longer operate on the site. Mr. Harmening asked if they could re-advertise. Mayor Turville pointed out that it would be two weeks before they could come back. City Manager Saunders stated that it would be closer to 45 days and they would not be able to begin the conversion or pull any permits until the CUP is signed. Mr. Harmening asked if Council could pass something tonight that would allow the Wakeboard Camp to use the office until all the advertising can be taken care of. City Attorney Mantzaris stated that the City Code specifically does not allow for that. Utility Agreement -Victor H. Majewski Assistant City Manager Gray presented the request for water and sewer service to an assisted living facility with associated uses. The property is located south of Highway 50 on the southeast corner of Hook Street and Paloma Drive. Staff recommends approval. Thomas Gould, Akerman Senterfitt, was available to answer any questions. Mayor Turville opened the public hearing. No public comment. Mayor Turville closed the public hearing. Council Member Mullins moved to accept the Utilit~greement; seconded by Council Member Goodgame. Motion passed with all members present voting "aye ". Resolution 1518 -Easement Subordination Mayor Turville read the resolution aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, APPROVING THE SUBORDINATION OF CITY UTILITY INTERESTS FOR PARCEL 102.5, AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Saunders stated that this is a typical request when the Department of Transportation widens roads. Mayor Turville opened the public hearing. No public comment. Mayor Turville closed the public hearing. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING FEBRUARY 27, 2007 Council Member Goodgame moved to accept Resolution 1518:seconded by Council Member Mullins. Motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 10:07 p.m. APPROVED: ~~',v arold S. Turville, Mayor ATTF~ST: .~~ ~ ~ ~ ~/ , Tracy A kroyd, City , 1 rk .., ~; 6 r. ~.. d8~',' ... .. `~< 12 t: ~~ ~ ~ ~ ~, TO: Wayne Saunders, City Manager Jane Warren, Administrative Assistant FROM: Preston Davis, Public Services Director DATE: February 15, 2007 SUBJECT: Surplus Vehicles and Equipment Request to surplus the listed vehicles and equipment which will be sent to public auction. City Number Type 4208 Dodge Dakota 4211 Ford Ranger 4205 Chevrolet 4349 John Deere 355 Tractor 4385 1250-Vermeer Chipper 5367 J. Deere Lawn Tractor 5366 Ford Backhoe Year Vin Number 1992 1 BG 126X8NS610648 1994 1 FTCRI OAORUC22805 1991 1 GCGC24KSME163538 M00355BO85378 1991 1 VCR14138K1001100 1995 MOL188X120252 1988 C731804 -Unit 8D13B