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10-09-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 9, 2007 The Clermont City Council met in a regular meeting on Tuesday, October 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: 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 Council meeting minutes of September 25, 2007. Council Member Goodgame moved the minutes of September 25, 2007 be approved as written; seconded bx Council Member Mullins. The motion passed with all members present voting "aye". PUBLIC COMMENTS Matt Modica, 1320 Sixth Street, expressed concern regarding conditions at Bishop Field. Wally Herda, 1109 Hampton Street, commented on the condition of the staging area for the Bloxarn Avenue road work. Assistant City Manager Gray responded that the debris and lime rock would be removed by the end of the month. Stephen Case, 999 Princeton Drive, stated that Lake-Sumter Community College contractors have been removing and replacing a metal roof after 9:30 pm. Assistant City Manager Gray will look into the matter. Tim Murray, 574 East Desoto Street, mentioned the possibility of drug activity across the street from him and was interested in forming a neighborhood watch program. Mr. Hitt, Planning Director, obtained the details for Assistant City Manager Gray. Stephen Newton, 499 East Minnehaha, requested afour-way stop in the area of Anderson Street or Disston Avenue and Minnehaha. Mayor Turville commented on stepping up law enforcement and addressing possible other solutions at an informal meeting. REPORTS Assistant City Manager Gray reported that the Clounts Grove rezoning was denied by Lake County Planning and will be heard by the County Commissioners. He commented that the City applied for grant funding for Inland Groves and received approval to be recommended. He reported that The Great Floridian Triathlon event would be held on October 20, 2007 and requested changing the finish line to the City's Community Center property. Council Member Hogan moved to accept the change to the finish line; seconded by Council Member Goodgame. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 9, 2007 Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. The motion passed with all members present voting "aye". City Attorney Mantzaris - No Report Council Member Hogan mentioned the Water Alliance meeting in Leesburg, and commented on the Lake County CIerk of Court retiring. Council Member Goodgame mentioned Firefighters Erik Strange and David Senning winning medals at the recent National Firefighter Games. He reported on Lake County School Board meeting regarding the South Lake Charter School and also commented that the Lake County Tourism revenue is down 10.5%. Council Member Mullins attended the Arts and Agricultural Affairs Alliance and reported that they are formulating a mission statement and determining what they will begin working on first. Council Member Berlinsky commented that it was refreshing to see so many people at recent downtown events. Mayor Turville mentioned the Historical Society annual meeting having been very informative. Mayor Turville reported on the following items requested to be postponed to the November 13 meeting: Johns Lake Landing Utility Agreement, Ordinance 582-M Introduction, and Ordinance 583-M Introduction. Council Member Goodgame moved Johns Lake Landing Utility Agreement be tabled to November 13; seconded bX Council Member Mullins. The motion amassed with all members present voting "aye". Council Member Goodgame moved Ordinance 582-M be tabled to November 13, seconded by Council Member Mullins. The motion passed with all members present voting "a, Council Member Goodgame moved Ordinance 583-M be tabled to November 13, seconded ~ Council Member Mullins. The motion passed with all members present voting "aXe". 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. l -Event Request National Training Center Request from Dr. Richardson of the National Training Center, requesting use of Hancock Park Softball fields with a reduction of fees, for the ProFastpitch X-treme Tour, October 19-Z1 Item No. 2 -Building Services Firm Selection Ranking of Building Services firms to provide Professional Building Permitting and Inspection City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 9, 2007 Dot Richardson requested pulling item 1 for discussion and several individuals requested pulling item 2 for discussion. Dot Richardson provided details of the National Training Center event and possible future partnerships with the City. Council Member Goodgame moved to reduce the fee by 50°1o and pay for direct labor costs for the night crews• Council Member Mullins seconded the motion. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. The motion passed with all members present voting "aye". Assistant Manager Gray provided information on the Building Services project. The City received nine (9) proposals and the review committee ranked the proposals. The top three companies were brought in to give presentations and staff recommendation was to move forward into negotiations with Capri. Mayor Turville opened the public hearing. Ed Proli spoke in favor, providing there would be sufficient income to cover the cost of the services. Cuqui Whitehead, 837 Fifth Street, would prefer a local company instead of someone headquartered out of state. Tom Forbes, Independent Inspections, thanked Council and stated they would be interested in being considered should negotiations break down. Jeff Gerling, Alpha Inspections, thanked staff and stated they would be interested in being considered should negotiations break down. Walter Brown, Capri, thanked Council and staff and hoped to do business with the City. Council Member Goodgame moved to approve staff go forward with neg,,otiations with Capri; seconded bX Council Member Mullins. Council Member Berlinsky stated he prefers to hire locally. The motion passed with all members present voting "aye". NEW BUSINESS Event Request -Downtown Partnership Assistant City Manager Gray introduced the Clermont Downtown Partnership request to hold the farmers market weekly. Jim Shira, Clermont Downtown Partnership, presented the request and commented they would like to begin the weekly event October 21, from 10 am to 3 pm. Mayor Turville opened the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 9, 2007 Cuqui Whitehead spoke in favor of the request. Council Member Goodgame moved that the event be allowed every Sunday between 7`n Street and 8`n Street on Montrose• seconded b_ y Council Member Berlinsky. The motion passed with all members present voting"aye". Variance Request -Theresa Cherry Curt Henschel, Planner, presented the request to reduce the front yard setback from 25 feet to 20 feet to construct a screen enclosure on the east side of the house. The location is 609 West Osceola Street and the approximate size of the proposed porch will be 10 x 32 feet. Staff recommendation was for approval. Theresa Cherry, 609 W Osceola, discussed the renovation project. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Hogan inquired about the location of the screen enclosure. Ms. Cherry described the area of the project and explained that the screen enclosure is only for the front portion. Council Member Mullins moved to approve the variance request• seconded by Council Member Berlinsky. The motion~assed with all members present voting "aye". Variance Request -Hancock Commons, Trycon Inc./Jim Bartow Curt Henschel, Planner, presented the request for a retaining wall inside the landscape buffer area. The property is the Hancock Commons Shopping Center and is located on the south side of Highway 50 east of Hancock Road. The six (6) foot high retaining wall was originally to be located on the back side of the landscape buffer. During construction it was discovered that the City's force main was not located as indicated on the as- builts. The proposal will provide adequate cover over the force main. Staff recommends approval to protect the force main. Jim Bartoe, Trycon Inc, was present. Mayor Turville opened public hearing. There were no public comments. Mayor Turville closed the public hearing. Mayor Turville asked if the rest of the force main was not where it is supposed to be in other areas. Council Member Mullins asked how far off the force main was. Planner Henschel stated it was off approximately five to ten feet and that the City Engineer would be locating the line before other developments come in. Council Member Mullins asked how close to the road this would be when Highway 50 is expanded. Mr. Bartoe indicated it would not be at road level and would be approximately 45 feet from the road without any property line changes and that the force main was located within the easement. Council Member Goodgame moved to approve the variance request• seconded by Council Member Mullins. The motion passed with all members resent voting "aYe". City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 9, 2007 Variance Request -Clermont Landing, Bob Fields c/o GMRI, Inc Jim Hitt, Planning Director, described the request to eliminate a landscape buffer along the internal property lines. Three original outparcels were combined into the two outparcels and the proposed use is for two restaurants, which are owned by the same corporation. The applicant is attempting to blend the parcels with shared landscaping, drive isles, and parking. Staff recommendation was for approval, however a final Certificate of Occupancy should not be granted for one restaurant unless appropriate parking is provided while the other restaurant has commenced construction. Bob Fields, GMRI, Inc., was present and agreeable to the staff recommendation. Mayor Turville opened the public hearing. Cuqui Whitehead requested clarification on the land parcels and the request. Council Member Mullins asked if they were the landowner or tenant and what would occur if the two businesses separated. Mr. Fields responded that they are the tenant and are contract purchasers. It is still considered two separate businesses. Council Member Goodgame suggested signs be placed in the rear for the back road and asked if the parking spaces were conventional size. Mr. Fields responded that the parking spaces were conventional size. Council Member Goodgame moved to approve the variance request• seconded by Council Member Mullins The motion passed with all members present voting"aye". Lien Settlement - 634 E. Minneola Avenue City Attorney Mantzaris stated that the lien was for removal of a structure in 1998 and the City placed a lien on the property in the amount of $3,291.00. The City was offered $3,200.00 to settle the lien and staff recommendation was for approval. Mayor Turville opened the public hearing. Angela Johnson, the property owner, was present for any questions. Council Member Goodgame moved to accept the settlement• seconded by Council Member Berlinsky The motion passed with all members Rresent voting "aye". Ordinance No. 355-C -Amend Land Development Code -Introduction Mayor Turville read Ordinance 355-C aloud by title only. AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 98 PARKING AND VEHICULAR USE AREAS, City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 9, 2007 SECTION 98-14 TABLE OF MINIMUM PARKING SPACE REQUIREMENTS; CHAPTER 102 SIGNS, SECTION 102-7 EXEMPT SIGNS; CHAPTER 118 VEGETATION, SECTION 118-38 VEHICULAR USE AREA INTERIOR LANDSCAPING; CHAPTER 122 ZONING, SECTION 122-206 YARDS; SECTION 122-226 YARDS; SECTION 122-243 PERMITTED USES; CHAPTER 122. ZONING, DIVISION 2. UE URBAN ESTATE LOW DENSITY RESIDENTIAL DISTRICT SECTION 122-84. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 3. R-1-A SINGLE-FAMILY LOW DENSITY RESIDENTIAL DISTRICT, SECTION 122-104. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 4. R-1 SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, SECTION 122- 124. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 5. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT, SECTION 122-145. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 6. R-3-A RESIDENTIAL/ PROFESSIONAL DISTRICT, SECTION 122-165. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 7. R-3 RESIDENTIAL/PROFESSIONAL DISTRICT, SECTION 122-185. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 8. C-1 LIGHT COMMERCIAL DISTRICT, SECTION 122-205. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 9. C-2 GENERAL COMMERCIAL DISTRICT, SECTION 122-225. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 10. CBD CENTRAL BUSINESS DISTRICT, SECTION 122-245. LOT AND HEIGHT REQUIREMENTS; CHAPTER 122, DIVISION 11. M-1 INDUSTRIAL DISTRICT, SEC. 122-265. LOT AND HEIGHT REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. Council Member Goodgame stated that City Manager Saunders would like a workshop on the ordinance before the final hearing. The workshop was set for October 18 at 6:00 prn. Council Member Goodgame moved to introduce Ordinance 355-C• seconded ~ Council Member Mullins The motion passed with all members present voting "aye" ADJOURN: With no further comments, this meeting was adjourned at 8:43 pm. APPROVED: Haro d S. Turville, Mayor ATTEST: u ~ ~ ; Tracy Ackroyd, City Clerk