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02-26-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING February 26, 2008 The Clermont City Council met in a regular meeting on Tuesday, February 26, 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. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, Deputy City Clerk Noak and Assistant City Manager Gray. INVOCATION Bill Griffith gave the invocation followed by the Pledge of Allegiance. PUBLIC COMMENTS Wally Herda, 1109 Hampton Street, expressed his concerns regarding emergency helicopter use of the ball field at Clermont Elementary School for transporting medical emergency patients and requested this be placed on an agenda to consider discontinuing the use of the landing site. Mayor Turville commented the City may not have jurisdiction and staff would research the matter. John Clark, South Lake Business Leaders, requested the closing of Montrose Street from the South Lake Animal League to 7`h Street on March 13 from Spm to 7pm fora "Business After Hours" event. Council Member Mullins motioned for tentative approval based on staff following. up; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Nancy Fullerton 368 Montrose Street, Alliance to Protect Water Resources and Lake County Water Authority, mentioned the upcoming Ibini Tera Lake Clean-Up on March 1 and how well the City had been taking care of their waterways. REPORTS City Manager Saunders - No report. City Attorney Mantzaris - No report. Council Member Hogan - No report. Council Member Goodgame reported on his and Assistant City Manager Gray's attendance of Lake County Day in Tallahassee and the discussions regarding the financial conditions that exist. Council Member Goodgame commented on the shortfalls of the 9-1-1 emergency system when calling from a cell phone and the City's efforts to meet with Lake County to find a resolution. Council Member Goodgame mentioned the upcoming Metropolitan Planning Organization meeting in the City Council Chambers on February 28 at 2pm. Council Member Mullins reported on the Lake Sumter Community College meeting presentation to the Carter family for donating land and the road being named after Darryl Carter. City of Clermont MINUTES REGULAR COUNCIL MEETING February 26, 2008 Council Member Berlinsky suggested that cell phone companies assigning Leesburg as the designated 9- 1-1 call receiver may be one cause of the problems with the emergency system. Council Member Berlinsky reported that he had visited Lowe's and parking was not an issue. Assistant City Manager Gray reported on a meeting set for March 11 regarding air conditioning the Clermont Elementary gymnasium and a summer recreation program. Mayor Turville commented on the play the Historic Village put on and indicated they would most likely repeat the performance. 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 Daughters of the American Revolution Request for use of Veterans Park and closing portions of Desoto Street for the Memorial Day Observance on May 26 from 10am - lpm Item No. 2 -Event Request Sommer Sports Item No. 3 -Purchase Approval Engineering Department Item No. 4 -Purchase Approval Engineering Department Item No. 5 -Change Order Engineering Department Item No. 6 - Right of Way Dedication Engineering Department Item No. 7 -Budget Amendment Utilities Department Item No. 8 -Budget Amendment Planning & Zoning Department Request for use of Waterfront Park for triathlons to be held on July 20, August 17, September 14 and October 25 Request authorization to purchase a tool trailer for the construction crew in the amount of $3,979.00 Request approval to piggy back the Lake County School Board's contract with High Tech Engineering, Inc for underground line location services Request approval of Change Order No. 2 for Encore Engineering for the East Water Reclamation Facility expansion project for a credit of $224,954.00 Request authorization to accept the right of way dedication of 10 (ten) feet along Oakley Seaver Drive, south of State Road 50 Request an amendment to the Utilities Department Budget in the amount of $19,250.00 for the purchase of 110 sampling stations Request an amendment to the Planning & Zoning Department Budget in the amount of $14,745.00 for additional costs to cover the 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26, 2008 Item No. 9 -Contract Approval Comprehensive Plan Update/Consulting Services update of the Comprehensive Plan Request approval of a contract with Land Design Innovation to update the City's Comprehensive Plan Item No. 10 -Contract Approval Inland Groves -Archeological Assessment Item No. 11 -Contract Approval Inland Groves - Flarida Community Trust Item No. 12 -Agreement Approval Lake County Item No. 13 -Agreement Approval Lake County Request approval of a contract with Bland & Associates to conduct an archeological assessment of the Inland Groves property Request approval of a contract for grant writing with Fred Fox Enterprises for the Florida Community Trust Grant Request approval of amended Lake County School Concurrency Interlocal Agreement Request approval of an Interlocal Agreement with Lake County regarding the Collection of County Impact Fees Council Member Goodgame moved for acceptance of consent agenda items one through thirteen• seconded ~ Council Member Mullins. The motion passed with all members present voting"a j~e". City Manager Saunders noted a technical language amendment to Item Numher 10, however the amendment would not change the intent or the cost. The motion passed with all members present voting. "aye". NEW BUSINESS Resolution No. 1558- Elks Club Mayor Turville read Resolution 1558 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 business to occupy over 3,000 square feet in the Central Business District. Mayor Turville commented that the Resolution and Variance would be presented at the same time, with Council voting on each one separately. Planner Curt Henschel stated the applicant was Clermont-Groveland Elks Lodge, #1848, Inc and the property was located at the southwest corner of Seventh Street and West Minneola Avenue. The property currently does not have a Conditional Use Permit and one is required to expand the existing Lodge. The applicant desires to reduce the parking space requirements by 24 spaces to allow for a proposed expansion of a screened porch on the front of the building. Planner Henschel commented the City of Clermont's public parking lot is adjacent to the property and street parking also exists. The construction will not City of Clermont MINUTES REGULAR COUNCIL MEETING February 26, 2008 affect any of the existing parking. Staff recommended the Elks Club allow for shared public parking. Staff recommendation is for approval. The applicant, Craig Bishop, was present and commented they desire to provide an outside area for smoking patrons. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville was in favor of the shared parking arrangement, but expressed concern regarding outside activities, noise, and hours of operation. Mr. Bishop responded that he would accommodate for whatever the City would like. Council Member Berlinsky questioned if there would be landscaping to buffer the Minneola Avenue side. Mr. Bishop stated there would be landscaping to make the site attractive for the downtown area. Council Member Mullins moved to accept the Conditional Use Permit with the understanding that if there was a noise issue, it would come back before Council• seconded by Council Member Goodgame. The motion passed with all members present voting"aye". Variance Request -Elks Club Council Member Mullins moved to accept the Variance• seconded b~Council Member Goodgame. Council Member Goodgame requested to know if they would be paying for the shortage of parking spaces. City Manager Saunders stated Council had done away with that in the past. Council Member Mullins stated he did not see an increase in use. The motion passed with all memberspresent voting "aye". Resolution No. 1559 -Superior Residence/Clermont IL Investors, LLC Mayor Turville read Resolution 1559 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 an independent living facility with 168 units located in the R-3 Residential Zoning District. Mayor Turville commented that both the Resolution and Variance would be presented at the same time, with Council voting on each one separately. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 26, 2008 Planner Curt Henschel stated the request was fora 168 unit independent living facility in the R3 Residential Zoning District. The project will be in two phases and consist of two (2) four-story buildings. The site plan differs from the prior plan and the building elevation has changed since the original request, but does meet City code. The variance requested is to remove a portion of the southern landscape buffer in an effort to blend the individual parcels with shared landscaping, drive isles, parking, and drainage. Staff is not opposed to the request due to landscaping being provided around the perimeter of the parcels. Staff recommendation is for approval. William Burkett, Burkett Engineering, was present and commented on the changes. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame questioned if the elevation was the same for the two sites. Planner Henschel indicated they were close to the same elevation. Council Member Mullins moved to accept Resolution 1559• seconded b_y Council Member Goodgame. The motion passed with all members present voting-"aye". Variance Request -Superior Residence/Clermont IL Investors, LLC Council Member Mullins moved to accept the variance req_uest• seconded by Council Member Goodgame. The motion passed with all members present voting-"awe". Variance Request -Superior ResidencelSuperior Residences of Clermont, LLC Planner Curt Henschel commented that, due to different ownership, the second variance request was necessary regarding the northern property line. The request is to remove a portion of the northern landscape buffer to blend the individual parcels with shared landscaping, drive isles, parking, and drainage. Staff is not opposed to the request due to landscaping being provided around the perimeter of the parcels. Staff recommendation is for approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved to accept the variance request seconded by Council Member Goodgame. The motion passed with all members present voting_``aye". Resolution No. 1560 -Heart House Ministries Mayor Turville read Resolution 1560 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 church facility in the C-2 General Commercial District. Planning Director Jim Hitt presented the resolution to allow for a Conditional Use Permit for a church to City of Clermont MINUTES REGULAR COUNCIL MEETING February 26, 2008 operate in a C-2 General Commercial District. The owner is Bill Griffith and the location is in Emerald Lakes Plaza, Units A and F, which is a shopping center. The proposed seating is for 150 people and the Clermont Fire Marshal placed a maximum seating capacity of 300 for Unit A. Services will be on Sunday from 10:00 am to 12:00 pm and 5:00 pm to 7:00 pm and on Wednesday from 7:00 pm to 9:00 pm. Youth programs will run on Mondays from 7:00 pm to 9:00 pm and at various other times for smaller functions. The location is temporary until the new church is constructed on Johns Lake Road. The church is required to obtain a Conditional Use Permit due to the church having separated from the consignment store. The church is currently working with the Fire Department to bring the assembly portion up to code. Staff recommendation is to limit the Conditional Use Permit to three years. Additional time could be applied for through an amendment process. Parking is not of concern, as the hours of operation do not occur during peak business hours. Staff recommendation is for approval Bill Griffith 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 asked the applicant if the three year time limit was a problem. Mr. Griffith stated that it was not a problem. Council Member Mullins moved to grant Resolution 1560• seconded by Council Member Good~ame The motion passed with all members present voting "ave". Variance Request -Hancock ?'own Center Planning Director Jim Hitt explained that there were two variance requests being presented for Hancock Town Center, lot 2, which is on the northwest corner of Hancock Road and Hooks Street. The first request is to reduce the drive isle width on Lot 2 from 24 feet to 22 feet. The building walls were already constructed when the applicant discovered the survey was in error, which placed the building four (4) feet to the east. The second request is to reduce the side building setback from 12 feet to 9.7 feet. The space between this lot and the north lot will be 21.7 feet instead of 24 feet. The southern building side setback will increase from 12 feet to 14.3 feet, so the overall landscape area within the project will not decrease. Staff recommendation is for approval. Rich McCoy, Project Engineer, was present and described the surveyor errors. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. There was discussion between Council and City Manager Saunders regarding possible options to the variance request. Council Member Good~ame moved for ~nroval of the Variance request' seconded by Council Member Hoaan The motion passed with all members present voting "ave". City of Clermont MINUTES REGULAR COUNCIL MEETING February 26, 2008 Ordinance No. 587-M -Introduction Mayor Turville read Ordinance 587-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant to section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont, Florida, within the county-wide Municipal Service Taxing Unit for the provision of ambulance and emergency medical services, as adopted by the Board of County Commissioners of Lake County, Florida; providing for the City to be included within said M.S.T.U. for a specific term of years; providing for severability, providing for an effective date and providing for publication. Council Member Mullins moved to introduce Ordinance 587-M• seconded by Council Member Goodgame The motion passed with all members present voting "ate ADJOURN: With no further comments, this meeting was adjourned at 8:23pm. APPROVED: Harold S. Turville, Mayor ATTEST: Tracy Ackro d, City Clerk 7