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01-22-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 22, 2008 The Clermont City Council met in a regular meeting on Tuesday, January 22, 2008 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. Ether City officials present were: City Manager Saunders, City Attorney Mantzaris, Deputy City Clerk Noak and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council joint meeting with Lake County Board of County Commission minutes of November 19, 2007. Council Member Goodgame moved to accept the minutes as written for the ioint meeting of November 19• seconded b~Council Member Mullins. The motion passed with all members present voting_"aye". Council meeting minutes of January 8, 2008. Council Member Goodgame requested changes to the January 8 minutes to add the Council vote count on having Council conduct for a workshop discussion on the bottom of page one, adding the word "next" on page two regarding the annual Council Retreat, and corrected his Lake Sumter MPO title on page two to Vice Chair. Council Member Goodgame moved approval of the minutes as corrected; seconded by Council Member Hogan The motion passed with all members present voting "aye". PUBLIC COMMENTS Jim Purvis thanked staff for scheduling and participating in the Code Enforcement and Staff meeting earlier today and commented that it had been beneficial. REPORTS City Manager Saunders reported that Council Member Hogan had requested an update on the Home Depot lien. Home Depot paid the lien and the funds were deposited into the general fund. City Manager Saunders scheduled an Executive Session regarding Police and Fire union negotiations for 6:00 pm, Tuesday, February 12, 2008, commenting that the session would be closed to the public as permitted by Florida law. City Manager Saunders informed Council that the Lake County Board of County Commissioners would be holding a meeting on growth management issues and interlocal service boundary agreements on January 29 at 1:00 pm. City Manager Saunders requested Council consider cancelling the workshop scheduled for Thursday due to the Lake County presentation on the joint use library that will be going out for bid. The presentation is scheduled for the same evening at Shepherd of the Hills Lutheran Church at 7:00 pm. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 22, 2008 City Manager Saunders suggested the workshop items be discussed at the retreat scheduled for Monday, January 28. Council Member Goodgame requested the retreat be held earlier than scheduled, as he has a meeting at Lake County that afternoon. Council concurred that the meeting would begin at 8:45 am. Council Member Mullins moved to cancel the Thursday workshop and discuss those items on Monde the 28`h at the Rlanning_ retreat• seconded by Council Member Goodgame The motion Rassed with all members present voting aye,,. City Attorney Mantzaris - No report. Council Member Hogan - No report. Council Member Goodgame reported the road improvement funds for Highway 50 between Hancock Road and Grand Highway have been withdrawn due to Plaza Collina holding up their end of the improvements. Council Member Mullins reported the League of Cities is opposed to the Amendment 1 property tax bill. Council Member Berlinsky provided information on his background in ethics and read a resolution he drafted on ethics standards. He expressed his concern regarding ethical standards and requested the resolution be considered at a workshop. Mayor Turville reported on the Lincoln Park community meetings and reported on the progress that has been made. Police patrol has been redesigned and items such as street lighting and landscape care are being addressed. Bringing Parks and Recreation opportunities to the area is under discussion and the community youth have asked about hands on computer training sessions. RECOGNITION Mayor Turville presented Rosie Mulholland, Florida Department of Environmental Protection, with an inscribed clock in appreciation for her assistance with the Inland Groves grant. 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 -Project Approval Item No. 2 -Task Order #4 A Secure America Request approval of an Eagle Scout Leadership Service Project to install mile markers along the Clermont/Minneola Trail Request approval to authorize A Secure America to proceed with the electrical distribution system design for the EWRF & Sunburst WTP Security System City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 22, 2008 Item No. 3 -Budget Amendment Engineering Department Item No. 4 -Change Order UtilityTechnicians, Inc. Request budget amendment to the sewer budget in the amount of $34,100 for the purchase of the In-Pipe Camera Inspection System Request authorization to award a Change Order to Utility Technicians, Inc for the purchase and installation of six (6) additional generators to the City's existing lift stations Item No. S -Reject Bid West Side Force Main Item No. 6 -Bid Award Lake Winona Culvert Improvement Request authorization to reject bids received for the West Side Force Main project Request authorization to award a bid to Gibbs & Register, Inc for the Lake Winona Culvert Improvements project Council Member Goodgame spoke favorably of the Eagle Scout project. Dallas Dunbar described the details of his proposed project. Council Member Mullins informed Council of a call he received from the company that would have appeared to have been the low bid for the West Side Force Main project. The company had hoped they would have been accepted on the base bid and the alternatives handled later, but understood that staff was not recommending that option. Council Member Goodgame moved the acceptance of the consent agenda items one through six• seconded b~Council Member Mullins. The motion passed with all members present voting "ate UNFINISHED BUSINESS Ordinance 586-M Final Hearing Manor Turville read Ordinance 586-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning those portions of Lake Minneola Drive right-of-way lying west of the East Avenue right-of-way to the western right-of-way of Second Street, and that portion of Second Street right-of-way from the southern right-of-way of Lake Minneola Drive to the northern right-of-way of Palm Street, of the Sunset Heights Plat, according to the Plat thereof recorded in Plat Book 5, page 42, public records of Lake County, Florida; repealing all ordinances in conflict herewith; providing for severability; providing for publication; and providing for an effective date. City Manager Saunders stated the right-of-way had been part of the road where the trail is, but the right- of-way had not been abandoned due to a private property owner at the location. The City has since purchased the property and the new Community Center will be built at that location and the ordinance will clear up the site for the project. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 22, 2008 Planning Director Jim Hitt was available for questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Berlinsky moved for approval of Ordinance 586-M• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". NEW BUSINESS Variance Request, Steven Trowbridge Planning Director Jim Hitt presented the request to allow a front yard setback of twenty five feet rather than thirty five feet as required by code. The property is located at 1226 Shorecrest Circle in the Indian Shores subdivision. The same variance has been approved for several lots in the subdivision in the past. Staff recommendation is for approval. The applicant was not present. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing, Council Member Mullins commented this was for an addition to a structure, not a new structure and asked if the addition was a garage. Planning Director Jim Hitt commented he believed it was for a side load garage. Council Member Mullins questioned if the total impervious surface ratio were within the guidelines. Planning Director Jim Hitt responded they were. Council Member Mullins moved to grant the variance• seconded by Council Member Berlinsky. The motion passed with all members present voting "aye" Variance Request, Joseph Saunders Planning Director Jim Hitt presented the request to allow for a five foot side yard setback to allow for a covered screen room at 19 Sunnyside Drive. A portion of the home is in the setback and the applicant proposed to continue the same overhand and roof line northward, starting at about five feet and tapering to the required setback. Staff recommendation is for approval. Applicant Joseph Saunders was available to answer any questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to grant the variance request of Joseph Saunders• seconded by Council Member Mullins The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 22, 2008 Variance Request, Pedro Carrasquillo Planning Director Jim Hitt presented the request to allow for a rear yard setback of seventeen and one half feet rather than the twenty five feet as required by code. The location is 3400 Tumbling River Drive in the Hartwood Reserve subdivision. The applicant is requesting the variance for a seventeen by thirty foot screen enclosure over an existing patio. The development was originally developed in the County, which would have allowed the requested setback. Staff recommendation is for approval. Pedro Carrasquillo, the applicant, was present to answer any questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned if other homes in the subdivision had encroached the back area. Planning Director Jim Hitt stated that most of the homes have been built according to City Code. Council Member Mullins commented that with the extra buffer of twenty five feet behind the lat he was not opposed to the request. Council Member Mullins moved to grant the variance• seconded by Council Member Berlinskv. The motion passed with all members present voting_"aye„ Resolution 1556 -Mon Ami du Clermont Mayor Turville read Resolution 1556 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 a restaurant within the Central Business Zoning District. Planning Director Jim Hitt reported that the original Conditional Use Permit to operate a restaurant at 637 Eighth Street had been previously approved by Council but the applicant had not executed the Conditional Use Permit before it had expired. Staff recommendation is for approval. Applicant Deborah Stedelin was available for any questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved for adoption of Resolution 1556• seconded by Council Member Berlinskv. The motion passed with atl members present voting "ale" Resolution 1557 -Kings Crossing Mayor Turville read Resolution 1557 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 a Planned Unit Development to allow for a Planned City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 22, 2008 Unit Development to allow up to 70,000 square feet of commercial/office of which 40,000 is retail. Planning Director Jirn Hitt presented the request and stated that Staff does not recommend approval of the retail due to the Tuscany Village Conditional Use Permit, which Kings Crossing is a part of, was permitted retail only on the north side, not on the south side where retail is being requested. Staff recommended approval for the commercial/office request. Planning Director Jim Hitt presented the variance request and commenied the request was to allow for portions of the rear buffer landscaping to consist of the existing pine trees as a natural buffer along Lake Felter. The City Land Development Code does not consider pine trees as canopy or understory trees. Staff recommendation was for approval with the following conditions: the Trees be thinned to preserve and maintain the healthy trees in the non jurisdictional wetland area; areas that do not have three trees per one hundred lineal feet be planted per code; trees and shrubs be planted adjacent to the Citrus Tower Boulevard southern right-of-way; and all parking and drive areas in the southern area of the development bordering the pine trees contain trees and shrubs per code. Jimmy Crawford, Attorney for Schmid Development, LLC, presented the plan without retail on the south side and stated they were in agreement with all of staff recommendations. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame expressed concern regarding traffic back up on the south side due to the day care center and requested that u-turns not be permitted. City Manager Saunders stated signs could be posted if there were any problems. Council Member Mullins moved for adoption of Resolution 1557• seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Variance Request -Kings Crossing Council Member Mullins spoke favorably of the variance and saving the existing trees. Council Member Mullins moved to grant the variance for the trees. Council Member Goodgame requested the motion be amended to include the staff recommendations. Council Member Mullins amended the motion to grant the variance with the staff recommendation; seconded by Council Member Goodgame The motion passed with all members present voting "aye". Lien Forgiveness -Lucille DeRamus Planning Director Jim Hitt presented the request to forgive the lien against Lucille DeRamus, 388 Chestnut Street and described the completed renovations and events surrounding the renovations that had occurred. Lucille DeRamus was present and requested the lien be forgiven and described the difficulties they had 6 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 22, 2008 with contractors and other hurdles they had to overcome. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Jim Purvis, 4206 Hammersmith, Chair of the Code Enforcement Board, commented that the property is now in compliance and was in favor of complete forgiveness of the lien, as the object of Code Enforcement is gaining compliance. Mayor Turville closed the public hearing. Council member Berlinsky moved for approval of the lien forgiveness, waiving the entire lien• seconded by Council Member Mullins The motion passed with ail members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 8:43 pm. APPROVED: ATT>~T: y ,, ~ ' ' 1 l£%~ C~~ '~ / Tracy Acl~ yd', City Cler `:%- of S. Turville, Mayor 7