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10-23-2007 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2007 The Clermont City Council met in a regular meeting on Tuesday, October 23, 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, Assistant City Manager Gray and City Clerk Ackroyd. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Bob Bowman, Clermont Downtown Partnership, thanked Council for allowing the Farmers Market each Sunday in downtown. He displayed a draft of the proposed map of the downtown area. Wally Herda thanked Council Member Goodgame for helping with the removal of the Progress Energy equipment. He suggested contractors have dump sites in other locations besides in a residential area. Robert Scambia, 1332 Willow Wind Drive, is a culinary chef and will be hosting a culinary feast to promote his new cookbook with proceeds going to local fire departments to help purchase equipment. He requested support from the Council. Mr. Scambia received encouragement from the Council. Representatives from Summit Greens and Kings Ridge offered to promote the cookbooks as well. Judy Proli, 1020 Everest Street, questioned the status of annexing the roadways. City Manager Saunders explained there have been legal issues with the annexations. Staff has compiled the legal descriptions and an agreement with Lake County. A meeting has been scheduled between Lake County and City staff. PROCLAMATION Mayor Turville read the proclamation aloud declaring November 1, 2007 as National Family Literacy Day. REPORTS City Manager Saunders reported on a letter from Tomoka Chapter of the National Society of the Daughters of the American Revolution requesting a portion of the streets by Crystal Lake be closed on November 12 in observance of Veterans Day and requested Mayor Turville to speak at their event. Mayor Turville confirmed that he would. Council Member Mullins moved to close the streets seconded by Council Member Goodgame. The motion passed with all members present voting "aye". City Attorney Mantzaris - No Report Council Member Hogan encouraged everyone to attend the Farmer's Market. Council Member Goodgame mentioned meeting with Progress Energy on seeking to have them beautify 3 of their substations around the City and announced the Lions Club would be having their annual spaghetti lunch on Saturday, December 8, 2007 at Jenkins Auditorium from 10:00am to 6:OOpm. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2007 Council Member Mullins - No Report 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. -Open Air SaleslTent Permit Request for an Open Air Sales & Tent Permit to sell Christmas Trees in the Home Depot parking lot adjacent to the Garden Center, beginning November 12, through December 31. Item No. 2 -Open Air SaleslTent Permit Item No. 3 -Open Air Sales/Tent Permit Item No. 4 -Purchase Approval Item No. 5 -Software Acquisition Item No. 6 -Contract Approval Item No. 7 -Reject Bids for Surplus Vehicles Item No. 8 -Utility Agreement Request from Ciro Christmas Tree for an Open Air Sales & Tent Permit to sell Christmas Trees at the SE corner of Grand Hwy and Hwy 50 beginning November 7 through December 31 Request for an Open Air Sales & Tent Permit to sell Christmas Trees located on First United Methodist church property, at the SE corner of Highway 50 and 7cn Street beginning November 24`n through December 9cn Request authorization to purchase 4 vehicles for the Police Department Ranking of firms for the Public Safety Software Acquisition Request authorization to entex into a contract with Cobble Stone Electric for the Standby Generator connection Reject bid for 2007 surplus vehicles Request for Water Service Agreement for a single family residence of Flor & Adeline Tellado located at 12111 Hancock Road. Jim Purvis requested item 1 be pulled and Council Member Berlinsky pulled item 7. Council Member Goodgame moved that items numbered 2 3, 4 5 6 and 8 be approved as submitted• seconded by Council Member Mullins. The motion passed with all members present voting "aYe". 2 City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2007 Item 1 -Tim Purvis reminded Council this applicant still has a serious issue unresolved with the City and asked the Council to take it into consideration. City Attorney Mantzaris explained from the Code Enforcement Board issue, the items related to Home Depot has been resolved with regard to the Code Enforcement Board having taken all the action they can take. All that is left is the existence of the lien. The memo from City Manager Saunders is recommending approval which is appropriate tying in a Resolution to the fine and lien issue as a condition is acceptable. Council Member Goodgame commented on when the City gave them a permit two (2) years ago, the tent became a storage place for their equipment after the trees were sold which was in violation of the permit. Council Member Goodgame moved to reiect this permit; seconded by Council Member $erlinsky. Ryan Althaus, Home Depot Store Manager, commented he has been the manager of the Clermont store for three (3) months. He noted the tent used for storage will not happen and is committed to living up to the City's expectations. Furthermore, he understands the Councils concerns. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing the motion to deny the permit. Council Member Berlinsky questioned the reasoning for rejecting the bids on item number 7. City Manager Saunders explained the City previously sent vehicles to an auction. However, we decided to try to sell on our own this time and receive the bids. The City did not receive better prices so staff recommended rejecting the bids and send the vehicles back to the auction. Council Member Berlinsky moved to reject the bids; seconded by Council Member Mullins. The motion passed with all members present votin~ye". Mayor Turville reported on items requested to be postponed to the November 27, 2007 Council meeting. Ordinance 582-M Final Hearing Council Member Goodgame moved to table Ordinance 582-M to November 27, 2007; seconded by Council Member Mullins. The motion Rassed with all members present voting-"aye". Ordinance 583-M Final Hearing Council Member Mullins moved to table Ordinance 583-M to November 27 2007• seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Resolution 1549 Council Member Goodgame moved to table Resolution 1549 to November 27, 2007; seconded by Council Member Mullins. The motion gassed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2007 Resolution 1546 Council Member Good.~?ame moved to table Resolution 1546 to November 27, 2007; seconded by Council Member Mullins The motion passed with all members present voting "aXe". Resolution 1550 Council Member Mullins moved to table Resolution 1550 to November 27, 2007; seconded by Council Member Good~ame The motion passed with all members present voting "aXe". UNFINISHED BUSINESS Resolution 1548 Mayor Turville read Resolution 1548 aloud by title only. A RESOLUTION OF CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A' CONDITIONAL USE PERMIT TO ALLOW FOR AMULTI-FAMILY DEVELOPMENT WITH MORE THAN 12 UNITS WITHIN THE R-3-A AND C-2 ZONING DISTRICT. Planning Director Hitt reviewed the request for a Conditional Use Permit (CUP) to enlarge the parking lot by removing the tennis court, improve storm water runoff, and provide new landscaping along Grand Highway. Currently, the development, Grand View Apartments, with 142 units does not have a CUP. One of the conditions is to install sidewalks along the road. The Planning & Zoning Commission recommended dumpster enclosures be added to section b to meet the City requirements. Staff recommended approval with recommendations from the Planning and Zoning Commission to add dumpsters. Lisa Collica, 14216 S. Greater Hills Blvd, represented Grand View and requested Council approval. She noted there would be a total of seven (7) dumpsters. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`h Street, spoke in support of the request. Mayor Turville closed the public hearing. Mayor Turville commended the actions of the applicant for going through this process. City Manager Saunders suggested adding language that the applicant will bring the landscaping up to code along Grand Highway. Council Member Mullins moved adoption of Resolution 1548 including the requirement for landscaRing and dumpsters• seconded by Council Member Goo~ame. The motion passed with all members resent voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2007 Ordinance 355-C Final Hearing City Clerk Ackroyd 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, 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, DNISION 11. M-1 INDUSTRIAL DISTRICT, SEC. 122-265. LOT AND HEIGHT REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. Planning Director Hitt reviewed the modifications to the Land Development Code amendments. The City Council discussed the proposed ordinance at the last workshop. Council agreed to remove Chapter 118, section 118-38 Vehicular use area interior landscaping from the ordinance. The Planning and Zoning Commission recommended reducing the height on sidewalk displays from six (6) foot to four (4) foot. Mayor Turville opened the Public Hearing. Wally Herda questioned banning cellular phone towers. City Manager Saunders noted the City has a very restrictive cellular phone tower ordinance in place. Mayor Turville closed the public hearing. Council Member Goodgame questioned not having visitor parking and disagreed with only having one parking space for each 4 employees in section 2 Table of minimum space requirements. He suggested removing section 98-14 and discuss at a later date. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2007 City Manager Saunders stated staff has done research with industry standards and is comfortable with this change. Council Member Mullins noted he had no problem with pulling for further discussion. City Manager Saunders requested Council not eliminate the existing code; only eliminate the new section being proposed and then return to Council with any changes or additions. Council Member Goodgame questioned the size of the sandwich board signs. Mayor Turville advised the intent is to make the Central Business District more pedestrian friendly. Council Member Berlinsky added there is not much pedestrian traffic currently so this will attract more people. Council Member Mullins suggested a maximum of 3 foot wide and 4 foot high or 10 square foot total. Council Member Goodgame agreed to leave as is. Council Member Mullins disagreed with the Planning and Zoning Commission on display heights stating that six (b) foot is a better standard rather than four (4) foot. Furthermore, he noted maybe the term `may' ought to replace the word `shall' on Division 11 of the Industrial District section. Council Member Mullins moved adoption of Ordinance 355-C as amended; seconded by Council Member Goodgame. Under discussion, Mayor Turville asked Planning Director Hitt to review the amendments. The changes are to remove section 98-14 and 118-38, amend the retail display to 6 foot and the language change to `may' . The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Variance Request -Norman Pollack Planning Director Hitt reported on the variance request to allow a patio with a screen enclosure within the required rear yard setback. The encroachment of 5 feet into a setback that is adjacent to a golf course would not be detrimental to either the surrounding neighbors or the City of Clermont. Alfred Mannella, 1059 Mesa Verde Court, member of the Summit Greens Board of Directors, was present. He commented on the request being within a restricted community and the proper procedure for this type of request is to go through the Architectural Control Board for their review and approval. This request has not come before the board and requested the Council table until they review it. City Attorney Mantzaris noted it is a separate issue from the City's concern. Council Member Berlinsky moved to table to November 27; seconded by Council Member Goodgame. Mr. Pollack, 2491 Score Creek, is the applicant requesting approval. He understood what has to be done and felt he should come to the City Council first. Council Member Goodgame called for the question. The motion passed 3 to 2 with Council Members Mullins and Mayor Turville opposing. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2007 Variance Request - Deodat Gutman Planning Director Hitt reported on the variance request to allow for a two family dwelling lot size to be less than 10,000 square feet. Staff recommended denial of the request due to the predominate use in the area are single family homes, which the conversion of this home would not be consistent with the density or character of the surrounding area and the applicant has not demonstrated a hardship on the City code. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Berlinsky voiced concern with the request. He concurred with staff's recommendation. Council Member Berlinsk~ moved to deny the request for the variance; seconded by Council Member Good~?ame The motion passed with all members resent voting_"aye". Resolution 1551-South Lake Hospital Mayor Turville read Resolution 1551 aloud by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING AN AMENDMENT TO THE CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT TO ALLOW THE EXPANSION OF THE HOSPITAL BUILDING AND TO PROVIDE ADDITIONAL USES THROUGHOUT THE PLANNED UNIT DEVELOPMENT. Planning Director Hitt reported on the request to expand South Lake Hospital. Staff believes this is an appropriate location for the additional uses and for the proposed hospital expansion. Staff recommended approval of the amendment. John Moore was present on behalf of South Lake Hospital and was available for questions. Mayor Turville questioned the length of time the modular building will be on the site. John Moore replied that it will be used for an administrative building for approximately 18 months with plans to hide it behind The Women's Center. Jim Purvis, 4206 Hammersmith Drive, questioned using a modular building for a magnet school. Mr. Moore stated he has informed the School Board they will not participate in a modular school. Cuqui Whitehead spoke in support of the hospital. Planning Director Hitt noted with concurrency regulations, temporary modular buildings are not allowed. Council Member Goodgame moved for approval of Resolution 1551; seconded by Council Member Mullins. The motionpassed with all members present voting_"aXe". Variance Request - Lowes Planning Director Hitt reviewed the request to allow for an off site sign and to allow for a reduction of the 50 foot setback from intersection street right of way lines on Highway 50. Staff recommended denial. City of Clermont MINUTES REGULAR COUNCIL MEETING OCTOBER 23, 2007 Applicant, Roger Stricola, Engineer representing Lowe's, was present requesting approval of the variance requests. He noted a correction to the land owner; it has changed from Dewitt to Lowe's Home Center. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`" Street, spoke against off site signage. Jim Purvis, 4206 Hammersmith Drive, supported the variance given the location of the store. Mayor Turville closed the public hearing. Mayor Turville agreed with staff's position. The hospital is the only one with an off site sign. Council Member Goodgame asked City Manager Saunders if the Council gave Lowe's a height variance. City Manager Saunders confirmed the Council did. Council Member Goodgame expressed concern with setting a precedent for offsite signage, if the Council approves. Council Member Goodgame moved to denX the variance requesti seconded by Council Member Berlinsky. The motion passed with all members present voting "aye" Transportation Concurrency Management System Inter Local Agreement Planning Director Hitt noted it provides for the creation, funding and implementation of the TCMS programs. The agreement is to implement a centralized database for transportation concurrency information that all parties contribute which includes Lake County and all 14 municipalities. The MPO maintains the database and model. Staff recommended approval of this agreement. T. J. Fish, MPO Director, was present on behalf of Lake County. He stated we will be the first in the state to implement this type of program and could be a model for the State of Florida. City Manager Saunders commented it will be a great benefit to the City by having all data accumulated in one place. Council Member Goodgame moved .acceptance of the agreement: seconded by Council Member Hoban. The motion passed with all members present voting "aye" ADJOURN: With no further comments, this meeting was adjourned at 9:22pm. APPROVED: .,, .. _._ ,..,. ~ arold S. Turville, Mayor ATTEST: ., ~~` '~ ~-Tracy Ackroyd, City Clerk ~' 8 BID RESULTS 2007 PUBLIC & LOCAL GOVERNMENT SEALED SIDS FOR SURPLUS VEHICLES PROJECT NUMBER 07-007D SEPTEMBER 10, 2007 10:00 A.M Bidder 1963 Fire Truck Amount Mid-State Fire and Safety, LLC $755.99 Bidder 1952 Fire Truck Amount Mid-State Fire and Safety, LLC $200.99 Bidder 1990 Toyota Amount Lisa Howard $506.00 Larry Byrd $200.00 Bidder 2000 Jeep Cherokee Amount HR Dobbs $551.00 Preston Davis $710.00 Jerod M. Togger $500.00 Bidder 1996 Dodge 1500 P/U Truck Amount HR Dobbs $551.00 Bidder 2002 Chevrolet Impala (5009) Amount HR Dobbs $251.00 Bidder 2002 Chevrolet Impala (5715) Amount HR Dobbs $251.00