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09-11-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 11, 2007 The Clermont City Council met in a regular meeting on Tuesday, September 11, 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, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Wally Herda requested to speak on the Comprehensive Plan Ordinance. Mayor Turville advised that it is being postponed; he will have an opportunity to speak on it at that time. Ms. Tammy Nelson, 838 W. Montrose Street, expressed concern with outside noise of the Sunset Grill restaurant until 2:OOam. City Manager Saunders stated he has discussed this issue with Chief Graham. Furthermore, there is a condition placed in their Conditional Use Permit (CUP) that reads if noise becomes a problem, the permit can come back to Council for reconsideration. Mr. Bowman updated the Council on the Clermont Downtown Partnership Board and upcoming events. Mayor Turville noted Ordinance 582M and 583M have been requested to be postponed to the October 9, 2007 Council meeting. Council Member Goodgame moved that Ordinance 582-M Introduction be tabled to October 9; seconded by Council Member Mullins. The motion passed with all members present voting "ave". Council Member Goodgame moved that Ordinance 583-M Introduction be tabled to October 9~ seconded by Council Member Mullins. The motion passed with all members present voting "a. PROCLAMATION Mayor Turville read the proclamation aloud declaring September 16 - 22 as Constitution Week. REPORTS City Manager Saunders reported that County Commissioner Renick addressed the County Commission on the need for a Regional Park in south Lake County. The request was to make a South Lake Regional Park a priority. The Commission unanimously supported the request and directed staff to work on their budget between now and the final hearing to find money for a regional park. Mr. Saunders also announced that Darren Gray will be returning on October 151 as the Assistant City Manager. City Attorney Mantzaris - No Report Council Member Goodgame read a birthday greeting aloud celebrating the 100`h birthday of Alice Skippins. Mr. Goodgame further noted the South Lake Connector is expected open at the end of next week. City o, f Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 11, 2007 Council Member Hogan - No Report Council Member Mullins advised the Citizen Sales Tax committee has reviewed proposed budgets for Lake County and the cities within the county and reported everyone is spending the taxes appropriately. Council Member Berlinsky - No Report Mayor Turville asked staff to follow up on the homes being neglected due to foreclosures. Council Member Berlinsky expressed concern for the Mayor's request. City Manager Saunders assured Council that staff will take necessary measures to ensure the community looks good and consider collecting later. Jim Purvis stated he would help in maintaining the appearance of the city. He suggested staff and the City Attorney devise a method to fast track these issues to move to the Code Enforcement Board. Council Member Goodgame reported the Metropolitan Planning Organization (MPO) will be meeting in the Council Chambers tomorrow to discuss Highway 50 at 2:30pm. Mayor Turville noted the flag at the cell tower looks tattered. City Manager Saunders stated they have been notified. 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 -Sommer Sports Request use of Waterfront Park on April 5 & 6, 2008, for the 25"' Anniversary of the Great Clermont Triathlon Item No. 2 -Bid Award Item No. 3 -Bid Award Item No. 4 -Quote Approval Item No. 5 -Quote Approval Item No. 6 -Fire Truck Trade Request authorization to award bid to Santis Engineering, Inc. for the Lift Station Telemetry Project Request authorization to award bid to Marbek Construction for the 31d Floor Renovations, IT Office Request authorization to accept quote from Mainline Supply Company in the amount of $110,308.50 for the purchase of pipe material for in-house construction projects Request authorization to accept quote from Bore Hawg, Inc. to perform directional borings for in- house construction projects for $8,600.00 Request authorization to trade the Fire Department's 2000 Pierce Pumper truck for a 1997 E -one pumper truck 2 City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 11, 2007 Council Member Hogan moved approval of the consent agenda; seconded by Council Member Goodgame. The motion passed with all members present voting "ate UNFINISHED BUSINESS Fire Department Final AgreementApproval City Manager Saunders explained this is for approval of the contract for purchase of the Fire Station 3 site. The agreement was presented and approved by Council at the meeting held on June 26 subject to staff obtaining an appraisal. The appraisal states the current value to be $500,000. Staff requested authorization to move forward with closing on the purchase. The contract for purchase is $435,000. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of the final agreement for the Fire Departments new property on Legends Way; seconded by Council Member Mullins. The motion passed with all members present voting "a_ Banyan Homes Agreement City Manager Saunders reported on the request from Banyan Homes to sell them a 2.3 acre strip of land along the City's spray field that fronts Max Hooks Road. The strip would be transferred to Lake County as additional right of way for Max Hooks Road. This additional right-of-way would enable Banyan Homes to improve Max Hooks Road from State Road 50 to a residential development proposed west of the spray field. The Council previously considered this request, declared the property surplus and asked for an appraisal. The appraisal placed the value at $97,000. Banyan has offered the City $100,000. In addition, they will cover all costs associated with impacts to the spray field. City Attorney Mantzaris reviewed changes to the contract in paragraph 2 and 4 by adding the stipulation regarding the road being built to our standards and a requirement to place a sidewalk along that property. Rob Kelly was present on behalf of the applicant requesting the Council to consider tabling the item. Mayor Turville opened the public hearing. Jim Purvis voiced concern about this road becoming a bypass route. He suggested a restriction that it could not be used as a four (4) lane road or an access to another development. Mayor Turville closed the public hearing. Rob Kelly requested an additional four (4) weeks to work with the City of Groveland and the Developer to determine if there are other options. He stated one option is to have a larger entrance on Highway 50. The Council expressed concern with delaying. Council Member Mullins moved to adopt the contract for sale and purchase of Banyan Homes as amended; seconded by Council Member Berlinsky. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 11, 2007 Mayor Turville called for a recess at 8:OSpm. The meeting reconvened at 8:11pm. NEW BUSINESS Variance Request -Foley &Lardner, LLP Curt Henschel, Planner, reported on the variance request. Staff recommended approval. The applicant was present, Duke Woodson, Foley &Lardner LLP. The building permit application for the theater and JC Penney is in for review. He requested approval of the variance request. Mayor Turville opened the public hearing. Jim Purvis questioned whether the sign will require another variance. Mr. Woodson stated he was not aware of needing a sign variance. City Manager Saunders commented based on discussions at the last Council workshop, this request is keeping with what is being proposed so staff anticipated that will be the new ordinance in the future on the height, therefore, not requiring a sign variance. 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"a.~e". Tent Permit Request City Manager Saunders described the request for a tent permit to be located at 863 Scott Street for a tent revival to be held September 16 to 22, 2007 from 7:30pm to 10:OOpm from Scott Street to East Juniata. It is in a residential area. The applicant was present, Vivian Floyd, 755 Bloxam Avenue, to request approval. There will be area churches involved. Mayor Turville opened the public hearing. Ed Proli, 1020 Edward Street, inquired if the tent will be fire retardant. Mayor Turville closed the public hearing. Council Member Mullins questioned parking. Ms. Floyd explained there will be parking available at the Church of God in Christ located on the north side of the tent. Furthermore, the church has placed lights on the north and south side of the church to help with lighting the area. Mayor Turville questioned staff about the tent being fire retardant. City Manager Saunders stated the tent permit requires the applicant to supply staff with a tent certificate when applying. Council Member Goodgame moved for acceptance of the tent permit• seconded b~ Council Member Berlinsky. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 11, 2007 JPA Review - Clont Groves Inc. City Manager Saunders presented information on the Joint Planning Area (JPA) agreement review. The City of Clermont has the opportunity to have an opinion on land use decisions to offer a recommendation on what is being requested. The applicant is requesting a re-zoning in Lake County from Agriculture (A) to a Planned Unit Development with commercial and residential uses to be located south of Hartwood Marsh Road, east of Highway 27, across from Lake Louisa State Park. The applicant asked to table to a later date. The Council does have one additional Council Meeting before the County Planning and Zoning Commission meets. The County has to have our comments by September 17. We have been criticized for not having comments to them prior to the report going out. We could wait but would have to make the comments in person. Chris Roper, Esq., Akerman Senterfitt, was present on behalf of the applicant. Mr. Roper explained the reasons for the request to table. The attorney for this project is out of town and the consultants were also not able to make it. He noted back up information is missing including the application originally submitted to Lake County, five (5) traffic studies, a density point analysis and the Lake County staff report. For those reasons, he requested a continuance to the September 25 Council meeting. City Manager Saunders stated it is a short time frame. He previously suggested Ms. Bonifay consider requesting Lake County to reschedule for 30 days but did not receive a response. Mr. Saunders provided an overview of the request. The zoning for the 731.17 acres is currently Agriculture. The applicant is applying for a Planned Unit Development (PUD). It is a multi use project with single family, multi family, commercial and office. The current land use is Urban Expansion which allows 4 units to the acre. Staff strongly recommended they not approve this change. Mayor Turville opened the public hearing. Rob Kelly, President of the Citizens Coalition of Lake County, requested the Council deny the request and issue another strong recommendation to the County. Previously, the County staff report had strong recommendations against rezoning. Jim Purvis, 4206 Hammersmith, spoke in opposition to the request. Cindy Barrow, Lake County School Board Member, commented this would generate an additional 391 kids. There are 3 new schools opened in the area and are full at this point. She personally asked Council to not approve. Sherri Boam left the meeting early and asked Cindy to read her comments aloud. Ms. Boam also requested denial on the request. Kizzy Smart, 221 Edgewood Drive, asked Council to the deny request. Judy Proli, 1020 Everest Street, requested denial. Mayor Turville closed the public hearing. Council Member Berlinsky expressed concerns with the proposed request. Council Member Goodgame voiced opposition to additional commercial on Highway 27 and requested staff write a letter against the proposal. City of Clermont MINUTES REGULAR COUNCIL MEETING SEPTEMBER 11, 2007 Council Member Mullins noted it is too much too soon. Council Member Hogan spoke against the request. Council Member Hogan moved to recommend denial of this project• seconded by Council Member Berlinsky. Under discussion Mayor Turville requested staff write a strong letter in opposition to this~roject The maker of the motion is okay with the amendment: seconded by Council Member Berlinsky The motion passed with all members voting "aye". Ordinance 584-M -Introduction Mayor Turville read Ordinance 584 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 text changes to the goals, objectives, and policies of the capital improvements and transportation elements of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan amendments; setting for the purpose and intent of the Comprehensive Plan Amendments; providing for severability, conflict and an effective date. Council Member Mullins moved to introduce Ordinance 584-M• seconded by Council Member Good~ame. The motion passed with all members present voting "ate ADJOURN: With no further comments, this meeting was adjourned at 9:lOpm ~.` „ ` .. ~ ..., " ,~ ,~- ATTEST: /~ / A I/( J ~ISS// ~ (/ 1 . Tracy FYckr¢yd, City Cl~rk APPROVED: ^~ Harold S. Turville, Mayor 6