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05-27-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 The Clermont City Council met in a regular meeting on Tuesday, May 27, 2008 in the Council Chambers at City Hall. Vice Mayor Keith Mullins called the meeting to order at 7:10 pm with the following Council Members present: Goodgame, Hogan and Berlinsky. Other City officials present were: Ci±y Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of May 13, 2008. Council Member Goodgame moved approval of the May 13 2008 meeting minutes as written; seconded by Council Member Hogan The motion passed with all members present voting "awe". PUBLIC COMMENTS Cuqui Whitehead, 837 5`h Street, thanked Council for the ceremony at Veterans Park yesterday. Judy Proli, 1020 Everest Street, requested a traffic light at that intersection of Hooks Street and Hancock Road. Council Member Goodgame noted it is on the list of priorities for Lake County. He recommended she attend the Metropolitan Planning Organization (MPO) meeting. Jim Purvis, 4206 Hammersmith Drive, questioned the status of the cost report to Council for tornado sirens and the report on the traffic light situation at the intersection of 5"' Street and Highway 50. Council Member Goodgame commented on receiving an email from the Florida Department of Transportation (FDOT) and the study will be available on June 13. Jim Purvis also requested an update on the status of the replacement of fence at Center Lake. City Manager Saunders advised of receiving permits from FDOT and the project is out to bid on the fence. Ms. Whitehead remarked on an accident at 5"' Street and Highway 50 over titre weekend. City Manager Saunders said he has a report listing the frequency of accidents of all intersections. PROCLAMATION Vice Mayor Mullins read the Election proclamation aloud to elect City Council Group I, III, and V. REPORTS City Manager Saunders - No Report City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame asked City Clerk Ackroyd to read a newspaper article aloud. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 City Clerk Ackroyd read the commentary aloud regarding "Green" burials in a Kansas cemetery. Council Member Berlinsky - No Report Council Member Mullins thanked City staff for helping with the Sidewalk Art event in downtown. 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 Request from Bacchetta Bicycles Inc. for use of Waterfront Park for a recumbent bike rally in November Item No. 2 -Task Order Item No. 3 -Task Order No. 7 Amendment #I Item No. 4 -Task Order No. 11 Amendment #1 Item No. 5 -Change Orders No. 1&2 Item No. 6 -Change Order No. 3 Item No. 7 -Change Order Item No. 8 -Change Order Request authorization for Boyle Engineering to perform professional engineering services for the West Side Treatment Plant Evaluation Request authorization to amend Task Order No.7 to allow Boyle Engineering to provide additional construction. phase services for the Greater Hills Water Treatment Plant Expansion project Request authorization to amend Task Authorization No. 11 to allow Boyle Engineering to continue with the Consumptive Use Permit Renewal with St. Johns River Water Management District Request approval of Change Orders 1&2 for Sunburst Lane Water Treatment Plant for a combined credit of $939,797.02 and an adjusted contract price of $3,056,562.98 with WPC Industrial Contractors Request approval of Change Order #3 from Encore Construction for the East Water Reclamation Facility project for a credit of $2,228.00 Request approval of Change Order #1 from Rainey Construction for the Bloxam Avenue Stormwater Retrofit project Request approval of Change Orders 1&3 from Boykin Construction for additional construction needed on Legends Way 2 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 Item No. 9 -Scope of Service Request approval of addendum #1 to the Scope of Service from Kimley Horn & Associates for additional engineering services for the Fire Station 3 site Item No. 10 -Deed Correction Item No. Il -Purchase Approval Item No. 12 -Purchase Approval Item No. l3 -Budget Amendment & Bid Award Accept a Corrective Warranty Deed and execute a Quit Claim Deed to correct previously dedicated right-of-way for Oakley Seaver Drive from Sandy Groves Ave to Hooks Street Request authorization to piggy back Collier County contract for Trenchless Sewer System Rehabilitation Services with Reynolds Inliner, LLC Request authorization for Diversified Well Drilling to perform the modifications to Greater Hills Water Treatment wells # 1 & 2 Request a Budget Amendment and authorization to award bid to Ernie Morris for the purchase of furniture, appliances and AV equipment for the Fire Department Administrative Office Building Council Member Goodgame moved approval of consent items 1 - 13• seconded by Council Member Hogan. The motion passed with all members present voting "aye„ UNFINISHED BUSINESS Resolution 1565 -South Lake Village Vice Mayor Mullins read Resolution 1565 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 to allow more than four tenants within a commercial shopping center and to allow for a building to exceed 20,000 square feet in the C-2 General Commercial District. Variance Request -South Lake Village These items were heard concurrently as they are related and voted on separately. Jim Hitt, Planning Director, reported on the Conditional Use Permit (CUP) and variance. The new plan includes Homewood Suites with 99 rooms and a 23,074 square foot commercial building with shared parking. The hotel parcel is planned to be sold, but access will be provided internally and with an access off of Legends Way. Access from Legends Way is now on the west side as requested by staff. The applicant also requested a reduction of the landscape buffer between the hotel site and the commercial building upon sale. Staff recommended approval of the variance and the CUP. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 Applicant, Brian Denham, Denham Summit Engineering, was present to answer any questions. He confirmed it is a 99 room hotel. Jimmy Crawford, Schmid Development, was present on behalf of the land owner. He commented on addressing the Planning and Zoning Boards concerns including increasing the number of handicapped parking spaces, decreased the size of the building and moved to the east, removal of outside air units and the only food service to be provided is continental breakfast. Boykin will build improvements to Legends Way and Champions Way at the same time instead of waiting until the hotel is built. Vice Mayor Mullins opened the public hearing. Cuqui Whitehead commented the hotel plans shown to the Planning and Zoning Board were completely different. Judy Proli expressed appreciation for increasing the number of handicapped parking spaces. Jim Purvis voiced concern with diminished green space. Jimmy Crawford noted they will still have to meet the green space requirement and reducing the inside buffer does not change that. Vice Mayor Mullins closed the public hearing. Mayor Turville arrived at 7:48pm. Council Member Berlinsky questioned the remarks by Ms. Whitehead that it is different from what was presented to the Planning and Zoning Board. Mr. Denham noted the entrance point was relocated and modifications were made to conform to their request. Council Member Goodgame moved for approval of Resolution 1565• seconded bX Council Member Hogan. The motion passed 4 to 0. Mayor Turville did not vote as he was not present to hear it in its entirety Council Member Goodgame moved approval of the variance request for the site plan• seconded by Council Member Hogan. The motion passed 4 to 0 Mayor Turville did not vote as he was not present to hear it in its entirety Resolution 1566 -Clermont Hillside Terrace Mayor Turville read Resolution 1566 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 permanent makeup within the C-2 General Commercial District. Curt Henschel, Planner, reported on the request. Staff recommended approval because this makeup procedure is part of an existing day spa and is considered to be for cosmetic purposes to be located on the face area only. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 Applicant, Dimitrios Hatzivlassiou, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Mayor Turville requested consideration of a definition of permanent makeup. City Attorney Mantzaris advised the general conditions in number seven (7) lists what permanent makeup shall be limited to. Council Member Goodgame moved approval of Resolution 1566 as written: seconded by Council Member Mullins. The motion passed with all members present voting "aXe". Ordinance 590-M Final Hearing Mayor Turville read Ordinance 590-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Waste Management Inc. of Florida, providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of Ordinance 590-M• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". Ordinance 59l -M Final Hearing Mayor Turville read Ordinance 591-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Republic Services Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of Ordinance 591-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 Resolution 1567 -Hertz Rental Mayor Turville read Resolution 1567 aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow the use of an auto rental business in the C-2 General Commercial District. Jim Hitt, Planning Director, reported on the request to operate an auto rental business within the Cluster Oaks Office Park, which has a 4 suite building. There are 25 parking spaces, including 2 handicapped, and the applicant proposed to utilize 12 spaces for their auto rental business. This use is not covered under the permitted uses within the C-2 General Commercial District, therefore requiring a CUP. The auto rental business is proposed for the last two suites on the northeast side of the building which total 1,925 square feet. They will not be washing any cars on site. This business would be limited strictly to cars, sport utility vehicles, vans, etc., that can park in a normal 10 foot by 20 foot parking space. No large truck rental shall be permitted. Staff recommended approval. The Planning and Zoning Board recommended approval at the May 6 meeting. Wesley Richters, applicant, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for approval of Resolution 1567; seconded bX Council Member Mullins. The motion passed with all members present voting "aye". Variance Request -Clermont Crossing Curt Henschel, Planner, presented the variance requests for Clermont Crossings at Lost Lake. It will be located at the southeast corner of Highway 27 and Steve's Road. The variances requested are to allow for the absence of a landscape buffer along internal property lines and to allow for a commercial building to have a zero foot side setback rather than a 12 foot side setback. The development includes six retail buildings and an anchor building with a gas station/convenience store. There are also six outparcels for various restaurants and similar commercial uses along U.S. 27. The reason for the variances is for the development to establish separate parcels within that would not typically be allowed per current city code. The applicant would like to separate the retail shops and the anchor tenant using property lines. In order to accomplish this, a property line would have to be established between the buildings and retail shops. This property line would have a zero lot line setback, and there would not be any room for the typical landscape buffer per the city code. The applicant did not request any building alterations or additions to the current site plan. Staff recommended approval of the variance requests. Scott Gentry was present requesting approval. Mayor Turville opened the public hearing. Judy Proli opposed the variance for absence of landscape buffers. City Manager Saunders noted nothing is changing from the original plan as this is more of a technicality. Scott Gentry noted this is more about aesthetics to remain with the original CUP without having to divide parking so it has uniformity. The plan is to place the property line at the edge of the building instead of splitting up the buildings. They will still be meeting all of the buffers originally in the CUP. 6 City of Clermont MINUTES REGULAR C®UNCIL MEETING MAY 27, 2008 Jim Purvis stated if these variances are not detrimental, he suggested the City Council consider modifying the existing ordinance to accommodate these requests. Mayor Turville closed the public hearing. Council Member Berlinsky requested staff revisit the number of parking spaces required as he believes the amount is too many. He suggested the spaces have more greenery. Council Member Mullins disagreed and asked for patience as the trees planted will grow. Council Member Goodgame moved to approve the variance for Clermont Crossin~s• seconded by Council Member Mullins. Under discussion, Mayor Turville stated the circumstance in this application does circumvent the ordinance. The buildings would have had their own parking requirements if we were informed of this upfront. He suggested to staff to verify in advance if an applicant is interested in dividing outparcels before initiating the CUP process. Council Member Goodgame called for question. The motion passed with all members present voting "aye". Water and Sewer Service Agreement -Clermont Motor Sales, LLC Jim Hitt, Planning Director, reported on the water and sewer request for Toyota of Clermont to be located on the northeast corner of State Road 50 and Tiny Morris Road. The property had the proper land use and zoning with Lake County. If the utility request is approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropriate. The project will therefore be developed pursuant to the utilities service agreement. The applicant proposed a 6 to 1 slope instead of a 10 to 1 slope and suggested adding the following language: Upon development of the remaining portion of Autoplex Lane, the slope will be to code and the road be constructed to city standards. It is a private road. Applicant, Paul Chipok with Gray Robinson, was present. Autoplex Lane is a private road easement. He agreed with changes recommended by staff in subsection (i) of the agreement. Jay Doucett, Spring Engineering, requested amending items (f), (g), and (h) of the agreement to reflect requiring less number of trees, smaller size trees and placement of trees. Paul Chipok commented on an issue regarding item 1.24 on page 3. Autoplex Lane is a private road with no public access. The trail system is at the north end with no direct connection to old Highway 50. There are no plans for crossing that trail in the future per Lake County. The existing Autoplex Lane through that easement is 60 feet with 30 feet on the Toyota property and 30 feet on the Dewitt property. With no improvements necessary to Autoplex Lane, they have no access points to Autoplex Lane north of the entry road. Therefore, sidewalks are not necessary and can accommodate any future development of Autoplex Lane from the rural section it is now to a curb and gutter section with a 12 foot travel lane and 2 foot curb and gutter with drainage and put landscaping in the rest of the 30 feet. The staff request for 30 foot and an additional 10 feet is excessive and not in accordance with the design of the project. He requested relief from that request. Mr. Chipok also referred to subsection (e), page 4, commenting they are constructing landscape and in the 7 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 future if Autoplex Lane is improved, the landscaping is in place as part of the construction. The additional 10 feet of right of way requested by staff in section 1.24 is not necessary in the overall design of the project as shown on the site plan. Also, he distributed proposed language to add item (j) regarding parking islands. The applicant asked for relief in the non customer parking areas to allow placement of landscape islands every 15 spaces instead of every 10 spaces. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5"' Street, expressed opposition to the tree request. Jim Purvis, 4206 Hammersmith Drive, was not in favor of accepting their requested changes. City Manager Saunders noted they will be meeting the requirement for fire hydrants to serve the building according to code. Cecelia Bonifay was present on behalf of Mr. Dewitt, the owner to the west. She noted inconsistencies in the language in section 1.24 regarding the 30 feet of right of way plus the 10 feet for landscape buffer and section (e) on page 4 regarding placing landscape buffer to the east of the existing pavement. She explained Mr. Dewitt's concern was that if they had to return to widen the road; it would not shift from the current 60 feet as a private easement granted to both property owners as they have cross access therefore each owner will have 30 feet on their property. She asked for clarification if 1.24 and section (e) is eliminated then if it is to the east of the existing pavement of Autoplex Lane and within the right of way then the center line of 30 feet shall remain as recorded in the private easement. Mr. Dewitt requests an attractive site with the only concern to not move the center of the line. She noted they have done a good job with the site plan. Mayor Turville closed the public hearing. Council Member Goodgame disclosed having discussions with Toyota and Ted Dewitt. Mayor Turville questioned the reason for not wanting to complete the street and asked how those traveling on old Highway 50 would get to the dealership. Mr. Chipoke stated that Tiny Morris Road does not exist for public access. The trail severs old Highway 50 from State Road 50. Motorists would have to come around through Plaza Collina or State Road 50 to get to the dealership. He further stated they are not directly adjacent to the trail. As part of the overall site plan process, they are giving half an acre to Lake County. It was required to give Lake County the property. Council Member Goodgame stated Lake County and Mount Verde did not want Tiny Morris Road connected into old Highway 50. Their concern was traffic going into Montverde and wanted to keep the eastern part as a scenic highway. Mayor Turville questioned if the conceptual meets the City of Clermont code. Mr. Chipoke remarked it meets the requirements of Lake County and meets the City code except for the requested waivers. Joe Saviglia, Dealership owner, was present. He wants to be a part of this community and requested relief from oak trees. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 Mayor Turville asked if there is room for oak trees between Highway 50 and the outside of the parking lot. The owner confirmed there would be room. City Manager Saunders stated there is a required 20 foot of buffer along Highway 50 and since parking is not allowed in that area, oak trees could be planted in the buffer area. We have an extensive list of canopy trees that are not oak trees. There are a variety of trees that could be used within the parking lot. Also, there is no hardship to vary from the size requirements or the number of trees. Planning Director Hitt noted the City has a list of 19 approved canopy trees with 12 being drought tolerant. Council Member Mullins suggested allowing flexibility in the back lot area. Mayor Turville questioned customers traveling to the back lot. Mr. Saviglia assured Council customers would not be in that area as it is a security risk. Mayor Turville stated staff can handle the site plan accordingly to satisfy the applicant and Council. City Manager Saunders noted the adjacent owner, Ted Dewitt, originally issued a letter of agreement with the proposed site plan. Mr. Dewitt contacted him today stating he reviewed the site plan and it is not what he thought he was agreeing to. At issue is being addressed in section 1.24 of the agreement. The intent was to keep their 30 foot of right of way intact for future use of the road. The site design north of the east west reverse frontage road is placing the required perimeter buffer within the 30 feet that was expecting to be set aside for the right of way. Therefore, the applicant is only setting aside 20 feet because they are using 10 feet for the required landscape buffer. Also, in section (e), staff was providing relief by not requiring they meet the landscape requirement against a right of way but meet the landscape buffer against a perimeter buffer which is less number of trees and less width. Rolly Dove, Spring Engineering, commented on the cross section north of Autoplex Lane. City Manager Saunders noted there are concessions staff has agreed to such as fewer spaces, retaining wall height, reduction of space size to 9 by 18 in certain areas and some grading in excess of 15 feet. Staff has tried to work with the applicant on the site. Mayor Turville commented this project will be the entranceway into our community and would appreciate compliance. The City is trying to do a good job to sustain itself and increase the property value. City Manager Saunders noted staff is not opposed to the slope in the first 5 feet and suggested removing the words in the landscape buffer in section (i). Mr. Chipok suggested modifying language in the second sentence to state the side slope directly adjacent to the western side of the developed area. Mr. Saunders was in agreement with the proposed language change and the elimination of section (f), (g) and (h). Council Member Goodgame questioned the different size tree requirement between Lake County and the City. City Manager Saunders remarked the Joint Planning Area Agreement states if ours is more stringent then the City's requirement would apply. Mr. Chipok spoke in agreement with eliminating section (f) and (g). 9 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 Council Member Good,game moved that we approve the water and sewer agreement with the City, section 3 item 3.1 (~ remove in the second line in the landscape buffer, and remove ~ and ,g) and eliminate (h but replace with clause the addendum parkin island (handed outs but sa~north of drop off area (j~ every 15 spaces rather than 10 -with exception of customer parking collision center, removing (h) and adding addendum; seconded by Council Member Mullins. City Manager Saunders restated the understanding of his motion to approve as written eliminating section (f), (g), (h), and amending (i) to eliminate the words in the landscape buffer then adding one additional item which is the addendum handed out which will be amended to state parking islands in non customer parking area north of the drop off area and then continue as written. This addresses Mr. Dewitt's concern with section 1.24. Council Member Goodgame called for the question. The motion passed with all members present voting "aye". Mayor Turville called for a recess at 9:52pm; the meeting reconvened at l0:Olpm. Lien Forgiveness - Ketlie & Abraham Josma Jim Hitt, Planning Director, reported on the request for lien forgiveness. This case was initiated from a nuisance violation with fines accruing since October 17, 2007 which totals approximately $5,000. On April 29, 2008, Kirk Dawkins from Watson Title Company contacted City Attorney Mantzaris to advise him that the City of Clermont order imposing fine was recorded after the Lis Pendens; therefore, it would not have been named in the initial complaint. The recording of a Lis Pendens bars the enforcement of any other lien which is subsequent to the recording of the Lis Pendens. Mr. Dawkins is requesting a release of the lien recorded with Lake County Clerk of Court. As compensation to the City for administrative costs, up to $500 has been offered. City Attorney Mantzaris advised the lien cannot be enforced given the Lis Pendens for the foreclosure action was recorded prior to the Code Enforcement lien. The property has been brought into compliance. He recommended acceptance of $500. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Berlinsky so moved; seconded by Council Member Mullins. The motion passed with all members present voting_"aye". Ordinance 357-C Introduction Mayor Turville read Ordinance 357-C aloud by title only. An Ordinance of the City of Clermont amending section 6-2 "Hours of Sale" of the City Code consumption or serving of alcoholic beverage establishments to be consistent with the other clarification, severability, conflict, and effective date. chapter 6 "Alcoholic Beverages", changing the hours for the sale, s on Sunday by or at licensed days of the week; providing for 10 City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 27, 2008 Council Member Mullins moved introduction of Ordinance 357-C; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Ordinance 359-C Introduction Mayor Turville read Ordinance 359-C aloud by title only. An Ordinance of the City of Clermont, Florida amending Chapter 62, ``Traffic and Vehicles" Article II, "Stopping, Standing and Parking" amending section 62-35, "Notice on Illegally Parked Vehicle" to provide that parking citations shall be responded to within ten (10) days of the date of the citation; amending section 62-36, "Failure to comply with notice attached to parked vehicle" by deleting it in its entirety and replacing it with new section 62-36, "Penalty for Violation", providing that parking fines shall be established by Resolution of the City Council; amending sec. 62-38 "Liability for payment of parking ticket violations and handicapped parking violations", deleting that an owner of a vehicle illegally parked is not responsible for the ticket even if the vehicle was being operated with the owner's consent; and providing that the failure to timely pay the initial citation shall be deemed a waiver of the right to pay the amount contained in the citation and shall subject the violator to an additional fine up to $250 per violation plus court costs; providing for severability, conflict, codification and an effective date. Council Member Mullins moved introduction of Ordinance 359-C; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Ordinance 593-M Introduction Mayor Turville read Ordinance 593-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to TVM Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved introduction of Ordinance 593-M; seconded by Council Member Goodgame. The motion passed with all members present voting aye". ADJOURN: With no further comments, this meeting was adjourned at 10:lOpm. ATT T: ~` Tracy Ackr d, City C •k APPROVED: rold S. urville, Mayor 11